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09-22-09 agenda packetCITY OF RICHFIELD, MINNESOTA TUESDAY, SEPTEMBER 22, 2009 SPECIAL CITY COUNCIL WORKSESSION CITY HALL COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:00 P.M. AGENDA Call to order Roll call 1. Presentation from Youth Action Council Notes: 2. Update regarding Emerald Ash Tree Borer (Council Memo No. 152) Notes: Adjournment *~e***~e**YtYt****7~t*~kYCYt*YC~c~%k~k*ic~*~***:k*~tYt*YtYeYt~k~t REGULAR CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 6700 PORTLAND AVENUE 7:00 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 September 3, 2009; (2) Special City Council Worksession of September 8, 2009; and (3) Regular City Council Meeting of September 8, 2009 - PRESENTATION 1. Presentation by The Weidt Group regarding energy analysis results for new Police/Fire/City Hall facility (Council Memo No. 153) Notes: COUNCIL DISCUSSION 2. Council discussion • Designation of Council Member(s) to attend National League of Cities Congress of Cities & Exposition (deferred from August 11, 2009) (Council Memo No. 154) • Hats Off to Hometown Hits 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 resolution and purchase agreement authorizing acquisition of 6758 Portland Avenue from Richfield HRA and resolution authorizing purchase of 6754 Portland Avenue for expansion and building of new City Hall S.R. No. 186 B. Consideration of approval of resolution establishing 2010 license, permit and miscellaneous fees pursuant to provisions of Appendix D of Richfield City Code S.R. No. 187 C. Consideration of approval of resolution certifying unpaid sewer and water service charges to County Auditor for collection with other taxes on said properties S.R. No. 188 D. Consideration of approval of agreement between CenterPoint Energy and City of Richfield to relocate utilities as part of Lyndale Avenue Bridge over I-494 Project S.R. No. 189 E. Consideration of approval of hiring WSB and Associates, Inc. to complete final concept plans and provide project development coordination for Taft/Legion and Adam's Hill regional stormwater quality projects for cost not exceed $96,624 without further authorization S.R. No. 190 Notes: 5. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARING 6. Continued public hearing and consideration of resolution establishing street light fee to be charged to residential and commercial property in City of Richfield for operation of street lighting system (public hearing continued from September 8, 2009) Staff Report No. 191 Notes: CITY MANAGER'S REPORT 7. City Manager's report • Police/Fire/City Hall facility groundbreaking ceremony • December 22 Regular City Council Meeting Notes: 8. 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 sutrfrcient 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: 9. 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. lJ CITY OF RICHFIELD, MINNESOTA Office of City Manager September 17, 2009 Council Memorandum No. 152 The Honorable Mayor and Members of the City Council Subject: Emerald Ash Borer Update (Worksession Agenda Item No. 2 ) Council Members: City staff has been monitoring the development of Emerald Ash Borer (EAB) in St Paul, and has been in contact with multiple agencies regarding identification and possible measures to take to prevent an infestation in the City of Richfield. City staff will present information to the City Council regarding EAB at the September 22, 2009 City Council Worksession. VILr anager SLD:cak Email: Department Directors Assistant to the City Manager 0 J SPECIAL CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special Meeting of the City Council September 3, 2009 CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:30 p.m. ROLL CALL Council Members Present: Debbie Goettel, Mayor; Susan Rosenberg; Fred Wroge; Sue Sandahl; and Bill Kilian. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Barry Fritz, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Brad Sveum, Fire Services Director; Bill Fillmore, Municipal Liquor Operations Director; Chris Regis, Finance Manager; Pam Dmytrenko, Assistant to City Manager; Brandon Klement, Facilities Manager; and Nancy Gibbs, City Clerk. Item #1 COUNCIL APPROVAL OF AGENDA M/Wroge, S/Elliott to approve the agenda. Motion carried 5-0. Item #2 CONSIDERATION OF AUTHORIZATION OF ROOF REPLACEMENT OF RINK ONE AT THE RICHFIELD ICE ARENA BY QT COMMERCIAL ROOFING FOR $145,675 S.R. NO. 173 Recreation Services Director Topitzhofer presented Staff Report No. 173. Special Meeting Minutes -2- September 3, 2009 After much discussion the Council agreed to reject this bid and rebid project separately. M/Goettel, S/Sandahl to deny the authorization of roof replacement of rink one at the Richfield Ice Arena by QT Commercial Roofing for $145,675. Motion carried 5-0. Recreation Services Director Topitzhofer stated he would prepare a bid that would separate a quote for roofing and roofing with insulation. Item #3 CONSIDERATION OF CONTRACT CHANGE ORDERS #3, #4, AND #7 FOR THE RENOVATION OF LINCOLN ATHLETIC COMPLEX S.R. NO. 174 Recreation Services Director Topitzhofer presented Staff Report No. 174. M/Sandahl, S/Elliott to approve contract change orders #3 #4 and #7 for the renovation of Lincoln Athletic Complex. Motion carried 5-0. Item #4 DISCUSSION OF 2010 PROPOSED BUDGET AND TAX LEVY City Manager Devich introduced 2010 proposed budget and tax levy overview. City Manager Devich stated this is the most difficult budget he has worked on in 25 years. Finance Manager Regis presented timetable and key events from 2009 through 2010. Finance Manager Regis stated the proposed 2010 tax levy, if passed, will be 6.95%. Council Member Wroge asked what the city will do if labor contracts are settled with pay increases. City Manager Devich responded that we have cut staff about as far back as we can and we would probably have to borrow money to pay any wage increases if they happen. City Manager Devich presented an overview of Legislative, Executive, and Administrative highlights. Public Safety Director Fritz reviewed the revised and proposed Public Safety budget including Support Services, Police, Inspections, and Emergency Services. Public Safety Director Fritz explained that Inspections would be part of Community Development when we move into the new City Hall. Community Development Director Stark reviewed and answered questions regarding the revised and proposed Community Development budget. Special Meeting Minutes -3- September 3, 2009 Fire Services Director Sveum reviewed and answered questions regarding revised and proposed Fire Services budget. Recreation Services Director Topitzhofer reviewed and answered questions regarding the revised and proposed Recreation Services budget. Recreation Services Director Topitzhofer stated that they will need to reevaluate the mini golf to see if it should remain open next year. Mayor Goettel and Council Member Sandahl both agreed, they like the idea of a skate park and do not want to wait to build a skate park. Public Works Director Eastling reviewed and answered questions regarding the revised and proposed Public Works budget including the General Fund Divisions of Administration, Engineering, Streets, Park Maintenance and Forestry, and the Utility Divisions of Water, Wastewater, and Storm Sewer. Municipal Liquor Operations Director Fillmore reviewed and answered questions regarding the revised and proposed Liquor Operations budget. City Manager Devich stated we knew 2009-2010 would be a tough year. Many employees are even doing office cleaning to save money. Council Member Elliott thanked staff for doing a good job on budget and keeping a positive outlook. Mayor Goettel also thanked staff for dedication to the City. ADJOURNMENT The meeting was adjourned by unanimous consent at 8:40 p.m. Date Approved: Debbie Goettel Mayor Nancy Gibbs City Clerk Steven L. Devich City Manager J CITY COUNCIL MINUTES Richfield, Minnesota Special Worksession September 8, 2009 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom Fitzhenry. Staff Present: Steven Devich, City Manager; Mike Eastling, Public Works Director; Robert Hintgen, Utilities Superintendent; and Cheryl Krumholz, Recording Secretary. Item.# I DISCUSSION REGARDING WATER CONSERVATION RATES (MEMO NO. 147) Public Works Director Eastling made a PowerPoint presentation (City Clerk's File No. C-454) regarding water rates proposed for 2010 and the water conservation rate. He discussed the proposed block rate option, including the differences and difficulties with determining a commercial rate. The DNR communication plan on the rates is to have water consumers, i.e. Richfield, educate the public. The suggested rate by City staff is below the DNR recommendation because staff was trying to create no hardship for the residents. Council Member Wroge discussed his concerns regarding aquifer usage and limitations for gasohol. Public Works Director Eastling stated the City is trying to be responsible with a reasonable effort to control groundwater. He also discussed Richfield's use of aquifers. The DNR requires monitoring of the aquifer depth and it is a statewide concern. The City Council discussed the impact on rates for watering trees and vegetation. Public Works Director Eastling stated all water fund reserves are spent down and recovery of funds is necessary. Public Works Director Eastling discussed the impact on rates for properties that irrigate. Utilities Superintendent Hintgen reviewed the finding of the water structure rates of other metro cities that have an existing rate structure in place, including the block rate but with different tier structures. Utilities Superintendent Hintgen added that chemical costs for the softening water process have significantly increase, especially lime products. Public Works Director Eastling discussed the proposed public information plan. Special Worksession Minutes -2- September 8, 2009 The City Council consensus was to proceed with the proposed modest rate approach to recover costs and build up reserves. City Manager Devich explained the potential issues residents may have if there is a mid-year rate adjustment because the once per year adjustment provides acatch-up time and covers all seasons. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:41 p.m. Date Approved: Cheryl Krumholz Recording Secretary Debbie Goettel Mayor Steven L. Devich City Manager J CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting September 8, 2009 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Barry Fritz, Public Safety Director; Chris Regis, Finance Manager; Pam Dmytrenko, Assistant to City Manager; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. OPEN FORUM None. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Wroge, S/Fitzhenry to approve the minutes of (1) Regular Citv Council Meeting of August 11 2009 and (2) Special City Council Worksession of August 17, 2009. Motion carried 5-0. Council Meeting Minutes -2- September 8, 2009 Item #1 COUNCIL DISCUSSION • POLICE/FIRE/CITY HALL PROJECT • HATS OFF TO HOMETOWN HITS City Manager Devich suggested the new City Hall project add-on items be bid as alternatives and kept separate on the basic building bid and be the City Council's choice. City Manager Devich suggested City crews remove the trees along Portland Avenue and behind the current City Hall as a cost savings for Phase I of the project. The City Council agreed that City crews should remove the trees and also mark the trees to notify the public. City Manager Devich requested the City Council discuss a groundbreaking ceremony when construction of the City Hall project begins in the fall. Tom Rublein, CHAT III member, stated the task force discussed a ceremony, depending upon the date. The City Council consensus was to conduct a groundbreaking ceremony which also recognizes the efforts of the task force. Council Member Sandahl announced the September 12 FOWL Ball Golf Classic. Bob Houlton, Cattail Days representative, announced the September 19 family festival. Council Member Fitzhenry discussed recognition of Police and Fire personnel for their work. Council Member Wroge stated he spoke with the owners of the two vacant properties (State of Minnesota and a real estate broker) in the 66th Street/Newton Avenue area regarding recurring flooding potential of the homes and requested they inform the potential buyers so the City could not be held responsible. He said that notification was made and the buyers wish to proceed with the purchase. Mayor Goettel announced the September 19 open house in the Council Chambers regarding the City Hall project. Item #2 COUNCIL APPROVAL OF AGENDA M/Fitzhenry, S/Wroge to approve the agenda. Motion carried 5-0. Item #3 CONSENT CALENDAR Council Meeting Minutes -3- September 8, 2009 A. Consideration of approval of a Case 440 skidsteer for the Parks Maintenance Division from St. Joseph Equipment in the amount of $28,457.87. S.R. No. 175 B. Consideration of a resolution regarding an agreement between the MN Department of Public Safety and the City of Richfield, Public Safety Department, pertaining to the Safe and Sober Enforcement Program S.R. No. 176 RESOLUTION NO. 10279 RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF RICHFIELD/POLICE AND THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY TO APPROVE GRANT FUNDS TO BE SHARED BY RICHFIELD POLICE, EDINA POLICE AND THE AIRPORT POLICE DEPARTMENTS AS PART OF THE SAFE & SOBER COMMUNITIES PROGRAM This resolution appears as Resolution No. 10279. C. Consideration of approval of resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for weed elimination from private property and removal or elimination of public health or safety hazards from private property and setting public hearing for October 27, 2009 S.R. No. 177 RESOLUTION NO. 10280 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE PROPERTY This resolution appears as Resolution No. 10280. D. Consideration of approval of itinerant amusement and itinerant food licenses for Richfield visions, Inc., for Richfield Cattail Days events, September 19, 2009, at Veterans Memorial Park, 6400 Portland Avenue S.R. No. 178 E. Consideration of resolution authorizing the City of Richfield Public Safety Department to enter into a Co-operative Agreement to become a member of the Hennepin County Violent Offender Task Force S.R. No. 179 RESOLUTION NO. 10281 RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY DEPARTMENT'S PARTICIPATION IN THE HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE This resolution appears as Resolution No. 10281. The City Council unanimously voted to approve the Consent Calendar. Motion carried 5-0. Council Meeting Minutes -4- September 8, 2009 Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item #5 ~ PUBLIC HEARING AND CONSIDERATION OF RESOLUTIONS APPROVING: MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA; AND MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE INTERSTATE-LYNDALE-NICOLLET TAX INCREMENT FINANCING DISTRICT; AND PROPOSED ESTABLISHMENT OF THE 2009-1 (CANDLEWOOD OUTLOT) AND 2009-2 (FORMER GARAGE SOUTH PORTION) TAX INCREMENT FINANCING DISTRICT; ALL RELATING TO THE ACCESSIBLE SPACE INC., AND TWIN CITY CHRISTIAN HOMES PROJECT AS CONTINUED FROM AUGUST 11, 2009 S.R. NO. 180 Mayor Goettel presented Staff Report No. 180. Community Development Director Stark explained the federal government posted the HUD funding notice today so the application timeline has begun. M/Sandahl, S/Elliott to close public hearing. Motion carried 5-0. M/Goettel, S/Sandahl that the following resolutions be adopted and that they be made part of these minutes:' RESOLUTION NO. 10286 RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR RICHFIELD REDEVELOPMENT PROJECT AREA AND ESTABLISHING THE HOUSING TAX INCREMENT FINANCING DISTRICT 2009-1 (CANDLEWOOD OUTLOT) This resolution appears as Resolution No. 10286. RESOLUTION NO. 10287 RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR RICHFIELD REDEVELOPMENT PROJECT AREA AND ESTABLISHING THE HOUSING TAX INCREMENT FINANCING DISTRICT 2009-2 (FORMER GARAGE SOUTH PORTION) This resolution appears as Resolution No. 10287. Council Meeting Minutes -5- September 8, 2009 RESOLUTION NO. 10288 RESOLUTION APPROVING THE ELIMINATION OF PARCELS FROM THE INTERSTATE-LYNDALE-NICOLLET (ILN) TAX INCREMENT FINANCING DISTRICT This resolution appears as Resolution No. 10288. Motion carried 5-0. Item #6 PUBLIC HEARING REGARDING THE IMPLEMENTATION AND COLLECTION OF A STREET LIGHT USER FEE S.R. NO. 181 Council Member Wroge presented Staff Report No. 181. Council Member Wroge stated he will propose a continuation of this item because there are discrepancies with the costs reported by Xcel and what is presented by staff. Public Works Director Eastling explained a detailed cost accounting will be provided to the City Council City Manager Devich discussed the two types of street lights in Richfield; city-owned and Xcel owned, resulting in different costs and maintenance. Andy Hartle, 6332 - 17th Avenue, questioned the need for this fee and suggested it be placed on property taxes so it can be deducted. City Manager Devich discussed the imposition of levy limits by the State based upon an across-the-board formula. When the levy limit is lifted, the City Council can decide if the fee should continue or be placed on taxes. Mayor Goettel read an a-mail from a resident who opposed the proposed fee and suggested the number of lights be reduced. Public Works Director Eastling explained a reduction in lights had previously been discussed by the City Council, including public safety impacts and aesthetics in the neighborhoods. City Manager Devich added there are also costs incurred if the lights are shut off. Council Member Fitzhenry stated that lights are the cheapest form of crime prevention. Council Member Wroge stated he would support a street light user fee if a sunset of three years was included and then the cost was automatically back in General Fund if levy limits lifted. Mayor Goettel stated an annual review of the fee was previously discussed. Council Member Sandahl said a large percent of the proposed tax levy is due to two bond sales -one for the maintenance facility and the other for the new City Hall -and if that wasn't there it would be flat general fund levy. These capital infrastructure improvements were approved by the City Council. Council Meeting Minutes -6- September 8, 2009 Council Member Sandahl expressed her disagreement for a sunset because it is reviewed each year and the levy limits are imposed at will by the State. Council Member Elliott stated the City Council ultimately weighs the staff recommendations of addressing costs while maintaining City services. Council Member Fitzhenry said taxes are not as adjustable once something is added and the fee is reviewed every year. Mayor Goettel suggested a sunset with an annual review to re-evaluate. Council Member Wroge agreed with a sunset and annual review with a return to taxes when limits are off. M/Wroge, S/Elliott to continue the public hearing to the September 22, 2009 City Council Meetin . Motion carried 5-0. Item #7 SECOND READING AND CONSIDERATION OF APPROVAL OF TRANSITORY ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY AT 7700 PILLSBURY AVENUE (SOUTH PORTION ONLY) S.R. NO. 182 Council Member Fitzhenry presented Staff Report No. 182. Council Member Wroge questioned if the property is being sold tonight. Community Development Director Stark replied that would not occur until funding is received. City Attorney Heine explained the purchase agreement previously approved by the City Council sets the sale and the proposed ordinance approval is a Charter requirement. The closing on the property will not occur until other agreement conditions are met. M/Fitzhenry, S/Goettel that this constitutes the second reading of Bill No. 2009-17, Transitory Ordinance No 18 67 approving the sale of real property at 7700 Pillsbury Avenue (south portion only) that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #8 SECOND READING AND CONSIDERATION OF APPROVAL OF ORDINANCE AMENDING APPENDIX 1 OF THE CITY CODE BY REZONING 301 - 77TH STREET WEST FROM MIXED USE-REGIONAL TO MIXED USE-COMMUNITY S.R. NO. 183 Council Member Sandahl presented Staff Report No. 183. Council Meeting Minutes -7- September 8, 2009 Council Member Wroge asked about the Candlewood driveway. Community Development Director Stark explained the cross-access agreement in the deed to the outlet indicates the owner must give access through that driveway and ASi must honor that or provide an agreeable compensation. M/Sandahl, S/Fitzhenry that this constitutes the second reading of Bill No. 2009-18 approving an ordinance amending Appendix 1 of the City Code by rezoning 301 - 77th Street West from Mixed Use-Regional to Mixed Use-Community that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #9 CONSIDERATION OF 2009 REVISED/2010 PROPOSED BUDGET RESOLUTIONS ADOPTING 2010 PRELIMINARY PROPERTY TAX LEVY, SETTING TRUTH IN TAXATION HEARING DATE, AUTHORIZING BUDGET REVISION, AUTHORIZING REVISION OF 2009 BUDGET OF VARIOUS DEPARTMENTS,-AND AUTHORIZING USE OF PUBLIC EMPLOYEES RETIREMENT ASSOCIATION POLICE AND FIRE FUND REFUND INTEREST EARNINGS FOR POLICE AND FIRE EXPENDITURES S.R. NO. 184 Council Member Elliott presented Staff Report No. 184. Council Member Sandahl expressed concern with the street light user fee not being approved earlier on the agenda and since it is included in the 2010 budget, there may not be adequate funds in the budget if the fee is not approved at the September 22 meeting. The tax levy can be reduced after September 15, but not increased. Council Member Sandahl stated the budget is "bare bones" with no leeway or flexibility for unanticipated costs, which may be good for taxes but not services. City Manager Devich explained the 2009 revised budget does not include a "Clean-Up Day" because the services, drop-off or pick-up, were too costly. He also discussed anticipated 2010 Local Government Aid (LGA) reductions and the potential ability to levy back the loss. The City Council agreed the street light user fee would be approved on September 22 but because of discrepancies in costs, time is needed to determine the accurate fee. M/Elliott, S/Goettel that the following resolutions be adopted and that they be made part of these minutes: RESOLUTION NO. 10282 RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2010 This resolution appears as Resolution No. 10282. RESOLUTION NO. 10283 RESOLUTION AUTHORIZING BUDGET REVISIONS Council Meeting Minutes -8- September 8, 2009 This resolution appears as Resolution No. 10283. RESOLUTION NO. 10284 RESOLUTION AUTHORIZING REVISION OF 2009 BUDGET OF VARIOUS DEPARTMENTS This resolution appears as Resolution No. 10284. RESOLUTION NO. 10285 RESOLUTION AUTHORIZING USE OF PUBLIC EMPLOYEES RETIREMENT ASSOCIATION POLICE AND FIRE FUND REFUND INTEREST EARNINGS FOR CERTAIN POLICE AND FIRE EXPENDITURES This resolution appears as Resolution No. 10285. Motion carried 5-0. Item #10 CONSIDERATION OF CITY COUNCIL APPROVAL OF AN AGREEMENT FOR CONSULTING SERVICES WITH ORFIELD LABORATORIES, INC. FOR COUNCIL CHAMBERS LIGHTING/DAYLIGHTING, ACOUSTICAL, AND AUDIO VISUAL DESIGN S.R. NO. 185 Mayor Goettel presented Staff Report No. 185. Council Member Elliott expressed his opposition to the agreement because WOLD designed the City of Farmington's Council Chambers and every expectation was met. Council Member Sandahl and Mayor Goettel expressed support for the agreement so things are done right. Council Member Elliott stated there is no sunset in costs in the agreement and these costs are not in the budget. He also stated the performance standards for Richfield were boiler plate for another two projects done by Orfield Laboratories, Inc. City Manager Devich said the proposal of $25,500 is for Phase I of the Council Chambers design. Mayor Goettel asked if there were funds in the budget for acoustical design. Mike Klass, WOLD, replied there were no funds for a consultant in the budget. Steve Orfield, Orfield Laboratories, Inc., stated he is proposing specialized assistance, not architectural services and the City Council decides the allocation for his assistance. He agreed with Council Member Elliott that the performance standards for Richfield were similar to other projects. M/Goettel, S/Sandahl to approve an agreement for consulting services with Orfield Laboratories Inc for Council Chambers lighting/daylighting, acoustical, and audio visual design. Council Meeting Minutes -9- September 8, 2009 Motion carried 3-1. (Elliott oppose, Wroge abstain) Item #11 CITY MANAGER'S REPORT City Manager Devich provided an update on the Lyndale Avenue bridge project. Item #12 CLAIMS AND PAYROLL M/Wroge, S/Sandahl that the followinct claims and payrolls be approved: U.S. BANK 08-25-09 A/P Checks: 188040 - 188388 $ 1,213,620.46 PAYROLL 60306 - 60666,41456 $ 532,946.55 TOTAL $ 1, 746, 567.01 U.S. BANK 09-08-09 A/P Checks: 188389 - 188758 $ 1,618,639.33 PAYROLL 60667 - 61025 $ 511,472.42 TOTAL $ 2,130,111.75 Motion carried 5-0. OPEN FORUM None. The City Council meeting was adjourned by unanimous consent at 8:50 p.m. Date Approved: Cheryl Krumholz Recording Secretary Debbie Goettel Mayor Steven L. Devich City Manager C CITY OF RICHFIELD, MINNESOTA Office of City Manager September 17, 2009 Council Memorandum No. 153 The Honorable Mayor and Members of the City Council Subject: The Weidt Group Energy Analysis for the New City Hall Facility (Agenda Item No. 1 ) Council Members: At the upcoming September 22, 2009 City Council meeting, Kris Leaf, LEED AP, of The Weidt Group, will make a brief presentation about the energy analysis conducted by his group for the new Police/Fire/City Hall facility. The analysis was done as part of Xcel Energy's Energy Design Assistance Program and has involved several months of work • to determine energy savings and conservation strategies. The presentation will include a description of the process used by The Weidt Group to determine energy bundling strategies, key results of the analysis and a summary of the components of the bundle selected by the design team. Mr. Leaf will also be available to answer any questions from the Council Members. SLD:cak Email: Department Directors Assistant to the City Manager rl LJ rte, U CITY OF RICHFIELD, MINNESOTA Office of City Manager September 17, 2009 Council Memorandum No. 154 The Honorable Mayor and Members of the City Council Subject: National League of Cities Congress of Cities & Exposition November 10-14, 2009 in San Antonio, TX (Council Agenda Item No. 2 ) Council Members: At the January 13, 2009 City Council meeting, the City Council discussed designating a Council Member to attend the annual conferences. Because the National League of Cities Congress of Cities and Exposition agenda was not yet available, the City Council postponed making that designation. • The NLC conference's schedule of events is attached and also available on their web site (www.nlc.org) The advance registration deadline is September 30. (This was previously scheduled for the August 11, 2009 City Council meeting but the City Council deferred discussion to their September 22, 2009 meeting.) If you have any questions, please contact me. 0 SLD:cak Attachment E-mail: Department Directors Assistant to the City Manager 2009 Congress of Cities Program Overview Page 1 of 6 NATIONAL L GUE OF (XTIF ? s? Strengthening & promoting cities as centers of opportunity, leadership, and governance About Cities i Advocating For Cities i Resources For Cities 1 Inside NLC I Conferences & Training ( Newsroom Topics Home: Conferences Events: Congress of Cities Exposition: Congress of Cities Program • f 1 U In this Section Congress of Cities Program Overview Why is Congress of Cities the Ideal Meeting for Local Leaders? Tailor the conference to your interests Speakers/Presenters Spouse and Guest Tours Registration and Housing Exhibiting and Sponsorship Mobile Workshops 2009 City Showcase Participants _Look Who Is Coming Speaker Database Form Constituency Groups Activity Fees Contact Information Congress of Cities Online Home 1 ?Ivtrt N_L; 2009 Congress of Cities Program Overview • Program Schedule • General Sessions • Leadership Training Institute Seminars • Workshops < Workshop content is developed through the summer prior to conference. Preliminary workshop titles and schedule are below> Praise for the 2008 Congress of Cities: 'The 2008 Congress of Cities and the National League of Cities both proved once again that the value gained is just that ...a true value to elected officials. The educational element is focused on the issues that we all face and with many oppotumities to talk to others about common problems and how to deal with them." 2008 Congress of Cities Attendee 'The one thing that holds true year after year is community size is a non-issue. We are all faced with pretty much the same issues." 2008 Congress of Cities Attendee Program Schedule (Subject to change. Schedule as of 5/18/2009) Tuesday-Nov. 10 Pre-conf day) Wednesday-Nov. 11 Pre-conf day) Thursday-Nov. 12 Main Con Friday-Nov.13 Main Con aturday-Nov.14 Main Con Leadership Training Leadership Opening General General Session Morning General institute Seminars Training Institute Session Conference Session Seminars Workshops Conference Board of Directors Conference Exposition and City orkshops and Advisory Council Workshops Showcase Delegates Luncheon Meetings Exposition and City Constituency and (Ends 2:15 p.m.) Policy Committee Showcase Special Group Annual Business Meetings Mobile Workshops Meetings and Events Meeting Constituency and State League State League Host City Closing Special Group Municipal Events Municipal Events Event Meetings and Events Constituency and Mobile Workshops Special Group Member Meetings and Fair/Attendee Events Orientation Welcome Reception and Exposition Opening (Opens 6:30 p.m.) City Showcase Opening 2009 Congress of Cities & Exposition Preliminary Workshop List http://www:nle.org/CONFERENCES, EXPOSI... 9/15/2009 2009 Congress of Cities Program Overview Page 3 of 6 For more than 37 years, Begley has practiced living the green life and speaks eloquently of its benefits to individuals and communities. • Explains Begley on a video from the website http://Iivingwithed.net, even those skeptical of the role of human activity in climate change will find benefits from green action. At a minimum, people will see the benefits of cleaning up the air in heavily populated cities, putting money in their own pocket thanks to the long-term financial benefits of green actions and lessening dependence on foreign oil. Saturday Delegate Luncheon Speaker: Doris Kearns Goodwin Pulitzer Prize Winning Author and Historian Influential political author and historian, Doris Kearns Goodwin, will address 2009 Congress of Cities attendees on the subject of leadership in times of crisis during the > closing general session on November 14. Goodwin's books provide insight and historical perspective on politicians past that are .. being studied by today's political leaders. Her most recent work, a monumental history of Abraham Lincoln entitled Team of Q Rivals: The Political Genius of Abraham Lincoln, published in October 2005, joined the _ best-seller lists on its first week in publication, and soon reached #1 on the New York Times Best-Seller List. Register now to take advantage of the early, early bird rate (valid thru June 19) for the 2009 Congress of Cities to be held November 10-14 in San Antonio, Texas. Leadership Training Institute Seminars LTI Registration Opens June 11! Register at https:Hreg.jspargo.com/cocO9/. For instructions on how to register for LTI Seminars if you have already registered for the Congress of Cities, see instructions below. For • full seminar descriptions click here. FULL-DAY SEMINARS TUESDAY, November 30, 2009 L01: Local Action for Sustainable Economic Renewal 9:00 am - 5:00 pm Registration Fee: $180 Competency: Competent Practitioner Instructor: Gwendolyn Halismith, Director, Planning and Community Development, Montpelier, Vermont MORNING SEMINARS Tuesday, November 30, 2009 L02: Desperate Times Call for Desperate Measures: Building Community in Today's Economy 9:00 am - 12:00 pm Registration Fee: $120 Competency: Collaborator Instructors: Marlene A. Pontrelli, Attorney, Mariscal, Weeks, McIntyre & Friedlander, P.A., Phoenix, Arizona Barb Carter, former Council Member, Tempe, Arizona L03: Understanding and Effectively Using the New Media 9:00 am - 12:00 pm Registration Fee: $120 Competency: Communicator Instructor: Lindsay Strand, President, Lindsay Strand Associates, Minnetonka, Minnesota L04: The Policymaker's Role in Creating Healthy Communities: What's Health Got to Do with It? 9:00 am-12:00 pm Registration Fee: $120 Competencyi Catalyst Instructor: Linda Shak, Program Manager, Prevention Institute, Oakland, California L05: Managing Your Time as a Municipal Leader . http://www.nlc.org/CONFERENCESEVENTS/CONGRES S_OF_CITIESEXPOSI... 9/15/2009 2009 Congress of Cities Program Overview Page 4 of 6 9:00 am - 12:00 Noon Registration Fee: $120 Competency: Cornerstone Instructor: David Peter Stroh, Principal, Bridgeway Partners, Brookline, Massachusetts AFTERNOON SEMINARS Tuesday, November 10, 2009 L06: Sustainability 101: Going Green and the Local Elected Officials Role 1:30 pm-5:00 pm Registration Fee: $120 Competency: Competent Practitioner Instructor: Sara Pesek, Director, Environmental Finance Center at Syracuse University, Syracuse, New York L07: Media Messaging: Building the Right Media Message 1:30 pm - 5:00 pm Registration Fee: $120 Competency: Communicator Instructor: Lindsay Strand, President, Lindsay Strand Associates, Minnetonka, MN L08: City Leaders Who Make a Difference 1:30 pm - 5:00 pm Registration Fee: $120 Competency: Catalyst Instructor: James H. Svara, Professor, School of Public Affairs, Arizona State University Back to Top L09: Staying Sane and Finding Your Game: Handling Conflicts in the Public Eye 1:30 pm - 5:00 pm Registration Fee: $120 Competency: Collaborator Instructor: Eric S. Trogdon, Mediator, Trainer and Author, STEPS Canada, Burlington, Ontario, Canada . L10 - Public Sector Leadership: Stewards of the Common Good 1:30 pm - 5:00 pm Registration Fee: $120 Competency: Cornerstone Instructor: Bill Grace, Grace and Associates, Bellevue, Washington FULL-DAY SEMINARS Wednesday, November 11, 2009 LlI - A Foundation of Success: Build a Better Understanding of Yourself and Others 9:00 am - 5:00 pm Registration Fee: $180 Competency: Cornerstone Instructor: Joshua A. Sky, President, The Sky's the Limit Consulting, Inc., Estero, Florida L12 - Effective Councils and Boards: Avoiding the Board Trap 9:00 am - 5:00 pm Registration Fee: $180 Competency: Collaborator / Competent Practitioner Instructor: Dr. Eddie Holloway, President, Holloway and Associates, Hattiesburg, Mississippi MORNING SEMINARS Wednesday, November 11, 2009 L13 - Building Public Trust through Performance Leadership 9:00 am-12:00 pm Registration Fee: $120 Competency: Cornerstone Instructor: Kevin Baum, Founder and Principal, InCentergy, Austin,Texas L14 - Leadership in Changing Communities: The Impact of Paradigms upon Perceptions 9:00 am - 12:00 Noon Registration Fee: $120 http://www.nlc.org/CONFERENCES EVENTS/CONGRESS_OF_CITIES_EXPOSI... 9/15/2009 2009 Congress of Cities Program Overview Competency: Collaborator Instructor: Claude Hurst, President, C.H. Hurst Associates, Inc., Miramar, Florida • Page 5 of 6 L15: Advocating for Your City: The Art of Persuasion 9:00 am - 12:00 Noon Registration Fee: $120 Competency: Communicator Instructor: John Daly, Ph.D., Professor, College of Communication, University of Texas at Austin, Austin, Texas L16 - Local Government Finance: Guarding the Public Checkbook 9:00 am - 12:00 Noon Registration Fee: $140 Competency: Competent Practitioner Instructor: Len Wood, President, The Training Shoppe, Rancho Palos Verdes, California AFTERNOON SEMINARS Wednesday, November 11, 2009 L17 -How to Inject Innovation into Local Government 1:30 pm - 5:00 pm Registration Fee: $120 Competency: Catalyst Instructor: Patrick Ibarra, Co-Founder & Partner, The Mejorando Group, Glendale, Arizona L18 - Leading with the Brain in Mind 1:30 pm - 5:00 pm Registration Fee: $120 Competency: Cornerstone Instructor: Harold Suire, CEO, ERI Services, Inc., Baton Rouge, Louisiana L19 - The Communicator: Using Likeability and Storytelling to Connect with Constituents 1:30 pm - 5:00 pm Registration Fee: $120 • Competency: Communicator Instructor: Bill Graham, Professional Speaker and Trainer, Graham Corporate Communications, Montclair, New Jersey L20 - Collaborative Ventures: Building a Vibrant Future in Your Community 1:30 pm - 5:00 pm Registration Fee: $120 Competency: Collaborator Instructor: Katherine Aguilar Perez, Executive Director, Urban Land Institute, Los Angeles District Council, Los Angeles, California L21: Leadership Luncheon 12:00 noon - 1:30 pm Registration Fee: $40 Moderator: Gene Schulter, Chair, Leadership Training Council, Alderman, Chicago, Illinois How Do I Register for LTI Seminars? I am already Registered for the Conference. - Update your registration Step 1 - Log on to the registration site using the link below. Step 2 - Scroll to bottom of the page. Step 3 - Click on "Make Changes to Your Current Registration" to make an addition to add seminars. Step 4 - Enter your email address in the field provided and your registration confirmation code. Step 5 - Scroll down to "LTI Seminars" and click the "Add/Modify LTI Seminars" link to make your selections. Click here to register: https://reg.jspargo.com/cocO9/ I have NOT Registered for the Conference - follow the instructions below to register for the conference first, then sign up for LTI seminars. Step 1 - Log on to the registration site using the link below. Step 2 - Register for the Congress of Cities Conference. hq://www.nlc.org/CONFERENCES_EVENTS/CONGRESS_OF_CITIES EXPOSI... 9/15/2009 2009 Congress of Cities Program Overview Page 6 of 6 Step 3 - Obtain a confirmation code. * You will always need your email address and confirmation code to access your registration profile.* • Step 4 - Scroll down to "LTI Seminars" and click the "Add/Modify LTI Seminars" link and make your seminar selections. Click here to register https://reg,jspargo.com/coc04/ National League of Cities 1301 Pennsylvania Avenue NW Suite 550 • Washington, DC 20004 Phone:(202) 626-3000 • Fax:(202) 626-3043 info@nlc.org • www.nlc.org Privacy Policy • • http://www.nlc.org/CONFERENCES EVENTS/CONGRESS-OF-CITIES EXPOSI... 9/15/2009 AGENDA SECTION: CQN$ENT AGENDA ITEM # 4A REPORT # 186 ~~ STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 22, 2009 REPORT PREPARED BY: DEPARTMENT DIRECTOR ~r REVIEW: L~ REVIEWED BY CITY MANAGER: CHRISTINE COSTELLO, COMMUNITY DEVELOPMENT SPECIALIST ITEM FOR COUNCIL CONSIDERATION: 1. Consideration of a Resolution and Purchase Agreement to authorize the acquisition of 6758 Portland Avenue from the Richfield Housing and Redevelopment Authority; and 2. Consideration of a Resolution to purchase the single family home at 6754 Portland Avenue for the expansion and building of a new City Hall. I. RECOMMENDED ACTION: By Motion: Contingent on a finding of Consistency with the Comprehensive Plan by the Planning Commission: 1. Approve the attached Resolution and Purchase Agreement authorizing the acquisition of 6758 Portland Avenue from the Richfield Housing and Redevelopment Authority and 2. Approve the attached Resolution approving purchase of 6754 Portland Avenue for the expansion and building of a new City Hall. II. BACKGROUND Based on the input of a citizen task force City Council authorized the planning, design and construction of a new Police/Fire/City Hall facility at its current location in June 2008. In 2009 the City Council approved the schematic design concept by Wold Architects. Wold Architects and construction management firm Stahl Construction will now proceed with the next phase of the project, which is the 092209 -Purchase 6754 and 6758 Portland.doc development of contract documents for the bidding process. It is expected that site preparation work -will begin in October. In addition to containing the existing City Hall and portions of Heredia Park, the area contemplated for construction of the new Richfield City Hall contains two residential structures. These houses are located at 6754 Portland Avenue and 6758 Portland Avenue. Staff has negotiated Purchase Agreements for both of these properties - subject to City Council approval The specific details of each property are as follows: 6754 Portland Avenue The City Council held a closed public meeting on July 28, 2009 to discuss the options for proceeding with a Purchase Agreement for the home at 6754 Portland Avenue. Based on the outcome of that meeting, an acquisition/relocation consultant (SRF Consulting Group, Inc.) presented a Purchase Agreement to the homeowner which was accepted (contingent on City Council approval) on August 12, 2009. This Agreement calls for the purchase of the property in an amount of $189,000 plus closing costs and related expenses. Since the property is currently occupied, the resident will also be entitled to relocation benefits. as determined by the Uniform Relocation Act. As a term of the Purchase Agreement, both parties have agreed to a maximum housing replacement payment of $6,000 plus moving expenses and utilities reconnections. While, the Agreement called for the closing of the property on September 15th, both parties have agreed to delay the closing until October 15th or 16th with immediate occupancy. 6758 Portland Avenue The Richfield Housing and Redevelopment Authority (HRA) currently own the vacant residential property located at 6758 Portland Avenue. The house was originally purchased by the City in 1996 for $85,000. The City's intent in purchasing this house was to provide space for future City Hall and/or Heredia Park needs. In June 2005, however, the HRA purchased the house from the City for an amount of $200,000. The HRA took this action as a way to provide the City of Richfield with funding to pay for costs associated with revising the City's Zoning Ordinance and Comprehensive Plan. The HRA used money from its Development Opportunities fund to purchase the property. This fund is used to help initiate redevelopment projects prior to, or in the absence of other funding sources. While that fund currently has a cash balance of $208,894 it has been dwindling substantially over the:-years (in 2002 the available cash was $773,000). At the time the property was purchased, the HRA's expectation (as evidenced by a March 21, 2005 HRA staff report) was that, "The sale of the property to the HRA is contingent upon a potential resale back to the City at the current purchase price of $200,000 should the property be needed for future expansion of a City Hall or other use." At the July 8, 2008 City Council meeting it was suggested that the HRA could sell the property to the City for $1 or some other nominal price below its actual market value. The rationale for such a sale would be to decrease the amount of money that the City might have to spend on assembling the site, and ultimately, issue in bond sales. On July 28, 2008, however, the Richfield HRA voted 5-O to resell the property to the City for $200,000 based on the commitments made when they purchased the property. The HRA is scheduled to consider acceptance of the Purchase Agreement at their September 21, 2009 meeting. The budget for the site preparation and construction of the new City Hall was prepared with the knowledge that these properties would have to be acquired. There is adequate funding in the City Hall construction budget to complete these acquisitions at the amounts indicated in the Purchase Agreements. State statutes require the Planning Commission to find the sale or purchase of any property by the City to be consistent with the Comprehensive Plan. The Richfield Planning Commission will be considering this determination at their September 28 meeting. III. BASIS OF RECOMMENDATION A. - POLICY • The acquisition of the homes at 6754 and 6758 Portland Avenue is necessary in order to construct the new City Hall as currently planned; • The seller of 6754 Portland Avenue has already agreed to the Purchase Agreement; this Agreement was previously discussed by the City Council in a closed meeting; • The HRA has, in the past, affirmed their desire to sell the property at 6758 Portland Avenue to the City for the same purchase price that had been negotiated between the City and HRA in 2005 ($200,000). B. CRITICAL ISSUES • The Planning Commission is scheduled to consider a resolution finding that the purchase of the property conforms to the general plans for the development and redevelopment of the City on September 28, 2009. Certain land conveyances are subject to the City's ability to obtain title and possession. C. FINANCIAL • The budget for the site preparation and construction of the new City Hall was prepared with the knowledge that these properties would _ have to be acquired. There is adequate funding in the City Hall construction budget to complete these acquisitions at the amounts indicated in the Purchase Agreements. D. LEGAL • Legal counsel reviewed the Purchase Agreements and resolutions. E. ENVIRONMENTAL CONSIDERATIONS • .All appropriate environmental actions will be taken as a part of the eventual demolition of these properties. IV. ALTERNATIVE RECOMMENDATION~S~ • Delay or do not approve the Purchase Agreements V. ATTACHMENTS • Resolution • Purchase Agreement for 6754 Portland Avenue • .Purchase Agreement for 6758 Portland Avenue • Map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A +~A-I RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF REAL PROPERTY LOCATED AT 6754 AND 6758 PORTLAND AVENUE WHEREAS, the City of Richfield, Minnesota (the "City") has determined the need to acquire properties located at 6754 and 6758 Portland Avenue with Bond Proceed funds for $189,000 (plus closing costs) and $200,000 respectively: WHEREAS, the City's staff and consultants have negotiated purchase agreements for the purchase of 6754 Portland Avenue at a price of $189,000 plus closing costs and for the purchase of 6758 Portland Avenue for $200,000. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota as follows: 1. The City Manager and Mayor are authorized and directed to execute the purchase agreement for the purchase of 6754 Portland Avenue and to take all actions necessary for the performance of that agreement. 2. The City Manager and Mayor are authorized and directed to execute the purchase agreement for the purchase of 6758 Portland Avenue and to take all actions necessary for the performance of that agreement. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of September, 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 092209 -Purchase 6754 and 6758 Portland.doc ~fA-a PURCHASE AGREEMENT Property Address: 6754 Portland Avenue South, Richfield, Mn 55423 1) PARTIES: This Purchase Agreement is made this I2*~ day of ~u~sG~ . 2003, by Bradley C. Sveum, Single; and June L. Sveum (Life Estate), single hereinafter "Sellers", and the City of St. Richfield, hereinafter, "Buyer". 2} SALE OF PROPERTY: Seller is the owner of that certain real estate located at 6754 Portland Avenue South, iichfeld, Mn 55423, and legally described on Exhibit A ,hereinafter the "Land": See Exhibit A 3)OFFER/ACCEPTANCE: In consideration of the mutual agreements herein contained, Buyer offers and agrees to purchase and Seller agrees to sell and hereby grants to Buyer the exclusive right to purchase the Land together with all fixtures located thereon and attached thereto (the Land and textures hereafter referred to as the "Property". 4) PERSONAL PROPERTY INCLUDED IN SALE: There are no items of personal property owned by Seller and currently located on the Property which are included in this -sale. The owner may remove from the property at their expense the following: Light fixture in the Dining Room, 2 Porcelain light fixture from the bath room, Small wooden alcove in hallway for telephone (it is a 2' X 2' built-in), Interior portion of two small windows in the living room (they are hinged type window), Stone around the fireplace, and Stone from around the front of the house (exterior) 5) PURCHASE PRICE AND TERMS: A. PURCHASE PRICE: The total Purchase Price for the Property is One hundred Eighty Nine Thousand dollars and No1100ths ($189,000.00), subject to adjustments and prorations, as hereinafter provided ("Purchase Price"). B. TERMS: (1): EARNEST MONEY: No earnest money shall be paid by Buyer to the Seller, the agreement to which is hereby acknowledged. (2): BALANCE DUE SELLER: Buyer agrees to pay the Purchase Price by check on the Closing Date according to the terms of this Purchase Agreement. (3); . DEED/iy[ARK~:TABLE TITLE: Subject to performance by Buyer, Seller agrees to execute .and deliver a Warranty Deed conveying .marketable title to the Property to Buyer, subject only to the following exceptions: a. Building and zoning laws, ordinances, state and federal regulations. b. Reservation of minerals or mineral right to the State of Minnesota, if any. e. Public utility and drainage easements of record which will not interfere with Buyer's intended use of the Property. (4): DOCUMENTS TO BE DELIVERED BY SELLER. In addition to the Warranty Deed required at paragraph SB (3) above, Seller shall deliver to the Buyer: a. Abstract of title (if applicable), upon execution of this Purchase Agreement. b. Well disclosure certificate, if required, or, if there is no well on the Property, the Warranty Deed given pursuant to subparagraph (4) above must include the following statement: ~~1-3 "The Seller certifies that the seller does not know of any wells on the described real property-" c. Such other documents as may. be reasonably required by Buyer's title examiner or title insurance company. C. The payment of the Purchase Price from Buyer to Seller shall be full consideration for the acquisition of the Property by the Buyer any Minimum Compensation that may be owed to Seller, and any right of first refusal Seller may have pursuant to Minn. Stat. 117.226 which right of f rst refusal is hereby specifically waived by Seller. 6) CONTINGENCIES. Buyer's obligation to buy is contingent upon the following: a. Buyer's determination of marketable title pursuant to paragraph l I of this Agreement; and b. Approval of this Agreement by the City Council of the City of Richfield. 7) CLOSING DATE. The closing date of the sale of the Property shall take place on or .before September i 5, 2009. &) ENVIRONMENTAL INSPECTION. Buyer .and its agents shall have the right to enter upon the Property after the date of this purchase agreement for the purpose of inspecting the Property and conducting such environmental examination and test as Buyer deems necessary. Buyer agrees to indemnify the Seller against any liens, claims losses, or damage occasioned by Buyer's exercise of its right to enter and work upon the Property. Buyer agrees to provide Seller with a copy of any report prepared as a result of such examination and tests. 9) REAL ESTATE TAXES. a. Seller will pay at or prior to closing all real estate taxes due and payable in the year previous to date of closing and prior years on the Property. b. Buyer and Seller shall prorate to date of closing the real estate taxes due and payable in the year of closing on the Property. 10) SPECIAL ASSESSMENTS. A. Seller shall pay at or prior to closing the balance of all special assessments levied prior to closing, including assessments certified for payment with real estate taxes payable in 2009. B. Seller shall pay any deferred real estate taxes or special assessments, payment of which is required as a result of the closing of this sale. C. Notwithstanding any other provision of this Purchase Agreement, Seller shall at all times be responsible to pay special assessments, if any, for delinquent sewer or water bills, removal of diseased trees prior to the date of this Purchase Agreement, snow removal, or other current services provided to the Property by assessing authority while the Seller is in possession of the Property. 1:1) MARKETABILITY OF TITLE. Buyer shall, at its expense and within a reasonable time after Seller's acceptance of this agreement, obtain commitment for title insurance ("commitment") for the Property. Buyer shall be allowed ten (10} business days after receipt of the commitment to examine title and make objections, which shall be made in writing to Seller or deemed waived. Seller shall have until the Closing Date (or such later date as the parties may agree upon) to make title marketable, at the Seller's cost. In the event that title to the Property cannot be made marketable or is not made marketable by the Seller by the Closing Date, then, at the option of the Buyer, Buyer may proceed to acquvre title of the Property by eminent domain proceeding, Seller agrees to stipulate to entry of an award of court appointed commissioners in the amount of the yA-~ Purchase Price as the value of Property and Seiler agrees to defend, indemnify and hold Buyer harmless from the duty to pay additional amounts to any other party in consideration of the taking of the Property in said eminent domain proceedings. 12) CLOSING COSTS AND RELATED ITEMS. Buyer will pay: (a) the closing fees charged by the title insurance or other closing agent, if any, utilized to close the transaction contemplated by this Agreement; (b) the premium for title insurance policy, if any, obtained by the Buyer; (c) any transfer taxes and recording fees required to enable the Buyer to record its deed from Seller under this Agreement. 13) POSSESSION/REMOVAL OF PERSONAL PROPERTY/UTILITIES/ESCROW. A. Title and Possession. Seller shall transfer title of the Property and Fixtures to the Buyer as of the closing date. Possession shall be based on a separate Occupancy Agreement. B. Removal of Property. Seller agrees to remove from the Property all debris and items of Seller's personal property not included in this sale prior to surrendering possession. C, Utilities. Seller agrees to pay all charges for sewer, water, electric, gas, and cable television during the time that the Seller is in possession. D. No encumbrances. Seiler agrees not to place any liens or encumbrances on the Property after the date of this Purchase Agreement. 14) REMOVAL OF FfA7.ARnOUS MATERIAL. Seller, prior to vacation of the Property, shall remove all substances which, under state or federal law, must be disposed of at an approved disposal facility. This includes, but is not limited to, used oil, paints, solvents, fertilizers, poisons, and the like. 15) DISCLOSURE; INDIVIDUAL SEWAGE 112EATMENT SYSTEM. Seller discloses that there is not an individual sewage treatment system on or serving the Property. 16) SELLER'S WA,FtRANTI~S. Seller warrants that buildings are entirely within the boundary lines of the Property. Seller warrants that there is a right of access to the real Property from a public right of way. Seller warrants that there has been no labor or material furnished to the Property for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the Property. These warranties shall survive the closing of this transaction. 17~ NO MERGER OF REPRESENTATIONS, WA~ItlL2ANTIES. Not withstanding any provision of law or court decision to the contrary, representations and warranties contained in this Purchase Agreement shall not be merged into any instruments or conveyance delivered at Closing, but instead shall survive closing, and the parties shall be bound accordingly. 18) NO BROKER INVOLVED. Seller and Buyer represent and warrant to each other that there is no broker involved in this transaction with whom it has negotiated or to whom it has agreed to pay a broker commission or finder's fee in connect with negotiations for the sale of the Property. 19) RELOCATION BENEFITS. Except as otherwise provided in this paragraph, Seller expressly reserves Seller's right to receive relocation benefits and reimbursements to which Seller may be entitled by law, as a result of the transaction contemplated by this Purchase Agreement. As additional consideration for this Agreement, the parties have agreed that any claim for.relocation benefits will be based upon a comparable dwelling unit value of $195,000.00. 4Fl-S 24) ENTIRE AGREEMENT; AMENDMENTS. This Purchase Agreement constitutes the entire agreement between the parties and no other agreement prior to this Purchase Agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both parties or their respective successors or assigns. 21) BINDING EFFECT; ASSIGNMENT. This Purchase Agreement shall be binding to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns. 22) NOTICE. Any notice, demand, request or other communication which may or shall be given or service by the. parties shall be deemed to have been given or service on the date the same is deposited in the United States Mail, registered or certified, postage prepaid and addressed as described in Section 23. 23) TIQVIE IS OF THE ESSENCE. Tirne is of the essence in the performance of the parties' respective obligations set forth in this Agreement. SELLER: Bradley Sveum June Sveum 6754 Portland Avenue South Richfield, MN 55423 BUYER: City of Richfield 6700 Portland Avenue South Richfield, MN 55423 23) SPECIFIC PERFORMANCE. This Purchase Agreement may be specifically enforced by the parties, provided that any action for specific enforcement is brought within six months after the date of the alleged breach. This paragraph is not intended to create an exclusive remedy for breach of this agreement; the parties reserve all other remedies available at law or in equity. IN WI7INESS WHEREOF, the parties have executed this agreement as of the date written above. SELLER: BUYER: CITY OF RICHFIELD By: ~(~-~O By: Exhibit A The North fifty (50) feet of that part of the Southeast Quarter (SE 1/4) ofthe Northeast Quarter (NE 1/4} of the Southeast Quarter (SE 1/4} of Section Twenty-seven (27), Township Twenty-eight (28), Range Twenty-four (24) described as follows: Beginning at a point thirty (30) feet North of the Southeast corner of the Northeast Quarter (NE 1I4) of the Southeast Quarter (SE 1/4) of said Section; thence North along the East Iine of said Section a distance of One Hundred (100) feet; thence West parallel with the South line of said Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4} of said Section Twenty-seven (27) a distance ofOne Hundred Sixty-eight (168) feet; thence South parallel with the East line of said Section Twenty-seven (27) a distance of One Hundred (100} feet; thence East parallel with the South line of said Northeast Quarter (NE 1/~} of Southeast Quarter (SE 1/4) of said Section Twenty-seven (27) a distance of One Hundred Sixty-eight (168) feet to the point of beginning, according to the U. S. Government survey thereof. ~ ~ -~ OCCUPANCY AGREEMENT THIS AGREEMENT entered into this ! Z ~~ day of August, 2009, by and between Bradley C. Sveum, single (fee owner), and June L. Sveum, single (life estate) ("Occupants" or "Sellers") and the City of St. Richfield, ("Buyer" or "City"). RECITALS A. Occupant and Buyer have entered irrto a Purchase Agreement dated August I Zt, 2009 ("Agreement") for the sale of property located at 6754 Portland Avenue South, Richfield, Minnesota and legally described as follows, the ("Subject Property"}: See Exhibit A B. The parties desire to close the sale of the Subject Property on or before September I5, 2009 and that Occupant deliver possession to Buyer on or before October 1 ~, 2009. AGREEMENT The parties agree as follows: 1. Delivery of Possession. Occupant shall deliver possession of the Subject Property to Buyer no later than 11:59 p.m. on October 15, 2009. The Agreement shall be deemed amended as necessary to be consistent with the terms ofthis Occupancy Agreement. 2. Rent. Occupant may occupy the Subject Property from closing through October I5, 2009 without payment of rent. Occupant shall be responsible for all repairs and costs of repairs and maintenance, including, but not limited to, plumbing, electrical, structural deficiencies, all appliances and mechanical problems. The same as if they still owned the property. 3. No Damage. Occupant agrees not to cause damage to the Subject Property or to any structure located on the Subject Property and agrees to deliver possession of the Subject Property to the Buyer in substantially the same condition as existed on the date the parties entered into the Agreement. 4. Utility Bills. Occupant agrees to pay for all utility services to the Subject Property through the last day of their occupancy. Utility services include the following: sewer and water, electricity, gas, telephone, garbage collection and cable television. 5. Uninsured Damages/Insurance. Occupant is responsible for any and all damages that may occur to the Subject Property before they vacate the Subject Property. At all times during their occupancy of the Subject Property Occupant shall, at Occupant's own expense, procure and maintain liability insurance against claims for bodily injury, death and property damage occurring on or about the Subject Property in amounts reasonably satisfactory to City and naming City as an additional insured thereon and a policy of insurance covering their personal property. Buildings (if any) on the Subject Property shall be insured by Occupant against loss by fire, extended coverage perils, vandalism, malicious mischief and windstorm in the amount of present coverage or if none in force then in an amount not less than the current market value of the Subject Property during the entire period of the Occupant's possession of the Subject ~A-g Property, such policy or policies of insurance to be endorsed to show the City's interest. The insurance policy or policies shall contain a loss payable clause in favor of City which provides that City's right to recover under the insurance shall not be impaired by any acts or omissions of Seller and that City shall otherwise be afforded all rights and privileges customarily provided a mortgagee under the so-called standard mortgage clause. City shall be free from liability and claims for damages by reason of injuries occurring on or after the date of this Occupancy Agreement to any person or persons or property while on or about the Subject Property. Seller shall defend and indemnify City from all liability, Loss, costs and obligations, including reasonable attorneys` fees, on account of or arising out of any such injuries. However, Seller shall have no liability or obligation to City for such injuries which are caused by the negligence or intentional wrongful acts or omissions of City. 6. Escrow. (a) Upon closing and execution of this Agreement, Seller agrees to deposit into escrow the sum of $500.Ott (the "Escrowed Funds"} from the purchase price, to be held by Agent in anon-interest bearing account. (b) Within 7 days after requested by Agent, Buyer shall provide to Agent (with copy to Seller) evidence of expenses incurred for the removal and disposal of personal property and for payment of utiIiiy charges far services provided to the Subject Property prior to date of possession, if any. Agent shall reimburse Buyer for the incurred expenses from the Escrowed Funds within ?days following receipt of such evidence from Buyer. (c) Agent shall deliver to Seller the balance of the Escrowed Funds on deposit, less deductions provided for in paragraph 6 (b) above, no later than 30 days following vacation of the Subject Property by Occupant. (d) The sole duties of Agent shall be those described herein, and Agent shall be under no obligation to determine whether the other parties hereto are complying. with any requirements of law or the teens and conditions of any other agreements among said parties. Agern shall have no duty or liability to verify any amounts deducted from the retained amount and Agent's sole responsibility shall be to act expressly as set forth in this Escrow Agreement. 7. Escrow A eng t Liability. The sole duties of Escrow Agent shall be those described herein, and Escrow Agent shall be under no obligation to determine whether the other parties hereto are complying with any requirements of law or the terms and conditions of any other agreements among said parties. Escrow Agent may conclusively rely upon and shall be protected in acting on any notice believed by it to be genuine and to have been signed or presented by the proper party or parties, consistent with reasonable due diligence on Escrow Agent's part. Escrow Agent shall have no duty or liability to verify any such notice, and its sole responsibility shall be to act expressly as set forth in this Escrow and Occupancy Agreement. Seller and Buyer understand that Agent is legal counsel to the Buyer and each consents to Agent's serving as Escrow Agent notwithstanding such representation. In the event Agent determines, in its sole discretion, that it cannot continue to serve as Escrow Agent herein, Agent shall deposit the funds with Old Republic National Title Insurance Company or such other Escrow Agent as is acceptable to Seller and Buyer. Seiler consents to Agent's continued representation of Buyer after a deposit is made, and Buyer agrees to pay all escrow fees charged by the substitute Escrow Agent. "T ~ _9 SELLER: ~ ~( Bradt y . Sveum (F Owner) 3 . Sveum (Li state) ~~-~~ Exhibit A The North fifty (50) feet of that part of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1 /4) of the Southeast Quarter (SE 1/4) of Section Twenty-seven (2'7}, Township Twenty-eight (28), Range Twenty- four (24) described as follows: Beginning at a point thirty (30) feet North of the Southeast corner of the Northeast Quarter (NE 1 /4) of the Southeast Quarter (SE 1/4) of said Section; thence North along the East line of said Section a distance of One Hundred (100) feet; thence West parallel with the South Line of said Northeast Quarter (NE 1/4) ofthe Southeast Quarter (SE 1/4) of said Section Twenty-seven (2'~ a distance of One Hundred Sixty-eight (168) feet; thence South parallel with the East line of said Section Twenty-seven .{2'~ a distance of One Hundred (l0U) feet; thence East parallel with the South line of said Northeast Quarter (NE 1/4) of Southeast Quarter (SE 1/4) of said Section Twenty-seven (2~ a distance of One Hundred Sixty-eight (168} feet to the point of beginning, according to the U.S. Government survey thereof. ~A--I PURCHASE AGREEMENT This Agreement is made as of , 2009 by and between the HOUSING AND REDEVELOPMENT AUTHORITY 1N AND FOR THE CITY OF RICHFIELD, a public body corporate and politic under the laws of Minnesota ("Seller") and the CITY OF RICHFIELD, a Minnesota municipal corporation ("Buyer"). R aritale A. Seller is the owner of certain real estate in the City of Richfield, County of Hennepin, legally described on the attached Exhibit A (the "Property"). B. Buyer desires to acquire the Property for redevelopment and construction of a new city hall. C. Seller deems it to be in the public interest to convey the Property to the Buyer pursuant to the terms of this agreement. D. This agreement is made pursuant to Minn. Stat. § 465.035 and § 471.64. Terms 1. Purchase Price. The purchase price for the Property is Two Hundred Thousand Dollars ($200,000.00), which the Buyer shall pay at closing. 2. Deed. Seller agrees to convey the Property to the Buyer by quit claim deed. Seller and Buyer agree to execute and deliver customary closing documents, including but not limited to affidavit of seller. 3. Title. Buyer shall be responsible for reviewing the condition of title to the Property and for resolving any title defects, if any. Buyer may refuse to accept title to the individual property if Buyer finds the condition of title to that property to be unsatisfactory in any respect. 4. Closin .The closing shall occur on a date that is mutually agreeable to the parties. 5. Closing Costs. The Seller will pay real estate taxes for all years prior to the year of closing. The parties will prorate taxes payable in the year closing to the date of closing. Seller shall pay all special assessments levied against the Property prior to Closing. Buyer shall assume all pending special assessments. Buyer shall pay deed tax and all other closing costs not specifically mentioned in this paragraph. 1 CIA-~a CITY OF RICHFIELD By Debbie Goettel, Mayor By Steven L. Devich, City Manager HOUSING AND REDEVELOMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD By Suzanne M. Sandahl, Chairperson By Steven L. Devich, Executive Director 2 ~A-13 EXHIBIT A Legal Description of Property 6758 Portland Avenue S The south 50 feet of that part of the Southeast'/4 of the Northeast'/4 of the Southeast 1/4 of Section 27, Township 28, North, Range 24 West of the Fourth Meridian, described as follows: Beginning at a point 30 feet north of the Southeast corner of the Northeast'/4 of the Southeast Quarter of said section; thence north along the East line of said section a distance of 100 feet; thence west parallel with the South line of said Northeast'/4 of the Southeast'/4 of said Section 27 a distance of 168 feet; thence south parallel with the East line of said Section 27 a distance of 100 feet; thence East parallel with the South line of said Northwest'/4 of Southeast'/4 of said Section 27 a distance of 168 feet to the point of beginning, Hennepin County, Minnesota. 4~-i~- Site Plan 6754 and 6758 Portland Avenue 30 60 120 180 240 Feet N AGENDA SECTION: CONSENT AGENDA ITEM # ~+B REPORT # 187 STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 22, 209 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRIS REGIS, FINANCE MANAGER ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution approving Appendix D to the Richfield City Code as a schedule of fees re uired to be ado ted b resolution. I. RECOMMENDED ACTION: By Motion: Adopt a resolution approving Appendix D to the Richfield Cit Code. II. BACKGROUND Appendix D to the Richfield City Code consists of the schedule of fees adopted by the City Council, including those adopted by resolution and those adopted by ordinance. Qn an annual basis, as part of the budget process, departments are asked to review the schedule of fees that apply to their department. The departments review their fees for services and compare the fees charged with the costs incurred in providing that service. If it is found that costs exceed the fee charged, the respective departments will adjust their fees accordingly. City's can only raise fees to recover costs incurred in providing a service. They cannot raise fees for the simple reason of raising revenue. III. BASIS OF RECOMMENDATION 0922appendixD Nara Tr7zE A. POLICY • The City Council may establish certain fees by resolution, which will be part of Appendix D to the City Code. • Any fees established by resolution may be amended from time to time by resolution of the City Council. • Fees required to be adopted by ordinance according to Minnesota Statutes; Section 462.353 will be brought before the City Council at a later date. B. CRITICAL ISSUES. • N/A C. FINANCIAL • It is important for the City to annually review fees to ensure that the fees charged are in line with the costs of the service provided. • The fees adopted by resolution will be effective as of January 1, 2010. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Do not approve the recommended fee changes. However, if the recommended changes are not approved, City fees may be less than costs _ incurred to provide services. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~~'~ RESOLUTION NO. RESOLUTION ESTABLISHING 2010 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 10182 BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: SECTION 1. ESTABLISHING FEES A. License, permit and miscellaneous fees required under the ordinances of the City of Richfield shall be as stated in the sections of this Resolution. B. A period of no less than 30 days will be allowed for the remittance of City Business license renewal fees contained in Sections 5, 6, 7, 8 and 9 of this resolution. C. A 10% administrative surcharge will be assessed upon all renewals contained in Section 5, b, 7, 8 and 9 of the resolution if not received by the City on or before December 31st of each year. The 10% surcharge will be based upon the cost of the license. D. Nothing in this section shall be deemed to require the City to issue or renew any license for which the fee has not been paid in a timely manner. SECTION 2. CONSTRUCTION AND RELATED LICENSE FEES TYPE OF PERMIT OR LICENSE SECTION REQUIRING DESCRIPTION FEE (1) Heating and Ventilating Installer 400.07 1 Year $ 80.00 (2) Sign Installer 416.01-416.13 1 Year $ 80.00 (3) Electrical Installer 400.03-400.09 State License Required (4) Plumber 400.03-400.09 State License Required (5) Well Driller 620 State License Required SECTION 3. PUBLIC WORKS FEES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (1) Benches 805.01-805.27 First Year $ 80.00 Renewal $ 30.00 (2) Boulevard feature 81 1.07 a) Application to place a privately owned feature in $ 30.00 Permit the boulevard b) If applied for after installation of feature has begun $ 60.00 (3) Excavation in 800.01-800.15 a) For each transverse excavation and each 100 feet $ 125.00 Public Right of way or portion thereof longitudinal excavation and for each 100 feet of curb and gutter or portion thereof installed or driveway apron installed, except when survey and grade stakes are set by City b) If applied for after excavation has begun $ 250.00 D-1 ~p-a SECTION 3 PUBLIC WORKS FEES (CONTINUED) TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (4) Forestry Permit 810 Applies only to trees on City property and public ROW $ 25.00 (5) Seasonal Load a) Per load $ 25.00 Limit Exemption b) If applied for after delivery $ 50.00 (b) Obstruction Permit 802.17 (a) Short term, temporary lane closure of less than four No fee hours (b) Lane closures longer than four hours duration (or if between 7:00 a.m. and 9:00 a.m. or between 3:30 p.m. and 6:00 p.m.) Arterial/Collector/Distributor Day (per block or portion thereof) $ 30.00 Week (per block or portion thereof) $ 125.00 Local/Residential Day (per block or portion thereof) $ 15.00 Week (per block or portion thereof) $ 50.00 Parking lane/sidewalk Day (per block or portion thereof) $ 7.50 Week (per block or portion thereof) $ 31.25 If applied for after obstruction closure has begun (c) Short term, temporary lane closure of less than four No fee hours (d) Lane closures longer than four hours duration (or if between 7:00 a.m. and 9:00 a.m. or between 3:30 p.m.-and 6:00 p.m.) Arterial/Collector/Distributor $ 60.00 Day (per block or portion thereof) $ 250.00 Week (per block or portion thereof) Local/Residential $ 30.00 Day (per block or portion thereof) $ 100.00 Week (per block or portion thereof) Parking lane/sidewalk $ 15.00 Day (per block or portion thereof) $ 62.50 Week (per block or portion thereof) (7) Noise Ordinance 930.35 (a) With conditions added as required $ 25.00 Exemption (b) If applied for after violation $ 50.00 (8) Certification 705.03-705.21 All delinquent accounts $ 50.00 Char e 9 NSF Check Char e $ 50.00 SECTION 4. FIRE SERVICES FEES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (1) Fire Prevention 400.21-400.29 For initial fee required under code Per year $ 60.00 Code For each additional fee required under code Per year $ 15.00 Penalty If not renewed within 2 months of notification $ 30.00 2 Da care/Adult Foster Care Facilit Ins ection $ 50.00 3 Reimbursement Fee for Fire/Rescue Unit Per Hour $ 250.00 (4) Sale of Consumer 1 131 (a) License per location selling only Per Year $ 350.00 Fireworks consumer fireworks (b) License per location of each other retail Per Year $ 100.00 seller BOLD represents added/amended fees D-2 ~g-3 SECTION 5. AMUSEMENT AND RECREATION LICENSES AND PERMITS TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (1) Arcade 1 105 1 Year $ 442.00 (2) Amusement 1 100.01 (a) Mechanical Amusement Device (Pinball) 1 Year $ .15.00 Device (b) Mechanical Music Box 1 Year $ 15.00 (c) Video Games 1 Year $ 15.00 (3) Lawful Gambling 1 100.13 Bingo, Tipboard, Paddle Wheel, Raffle, Pull Tabs (a) Lawful Gambling Permit (those exempt from State Licensure) (State Statute 349.213) 1 Year $ 100.00 (b) Lawful Gambling Investigative Fee (State Statute 349.16) 1 Year $ 100.00 STATE LICENSE REQUIRED (4) Itinerant Place of 1 100.05-1 100.1 1 1 day $ 237.00 Amusement (5) Public Dance 1 1 10.03 For each day dances are held - $3 1 month $ 40.00 No fee for locations holding tavern licenses. (6) General 1 100.03 (a) Billiard, Pool or Pigeonhole table (each) 1 Year $ 15.00 Amusement 1. Coin operated 1 Year $ 15.00 (b) Bowling Alley (per lane) 1 Year $ 40.00 (c) Circus 1 Year $ 191.00 (d) Dance Hall 1 Day $ 191.00 (e) Golf 1. Miniature 1 Year $ 45.00 2. Driving Tee 1 Year $ 45.00 (f) Mountback 1 Day $ 182,00 (g) Rides, mechanical/animal of any kind (ea) 1 Year $ 15.00 (h) Shows, any kind 1 Day $ 182.00 (i) Shuffleboard (each lane) 1 Year $ 16.00. (j) Other games 1 Day $ 15.00 (7) Musical Concert 1 1 10.01 Per event $ 40.00 (8) Theatre Cinema 1 120 1 Year $ 185.00 Plus a notice publication fee $ 6.50 (9) Roller Rink 1 1 15 1 year or portion thereof $ 185.00 (10) Commercial Adult- 605 1 Year $ 2,205.00 Oriented Enterprises Investigation fee 1 Year $ 2,205.00 (1 1) Masseur/Masseuse 605 Certificate fee 1 Year $ 75.00 Investi ation fee 1 Year $ 185.00 (12) Public Baths 610 1 Year $ 2,553.00 Investi ation fee actual cost minimum $ 2,553.00 (13) Fortune Teller and 1 130.05-1 130.07 1 Day $ 148.00 related trade 1 Week $ 441.00 1 Month $ 880.00 1 Year $ 1,470.00 (14) Adult 1 196 Annual license 1 Year $ 2,204.00 Establishments Investi ation fee new license $ 2,204.00 BOLD represents added/amended fees D-3 ~f 8-~ SECTION 6. ANIMAL LICENSES AND PERMITS TYPE OF PERMIT OR LICENSE SECTION REQUIRING DESCRIPTION FEE (1) Animals 905.01-905.29 (a) Animals (Spayed or Neutered) with 1 Year $ 15.00 option to purchase amulti-year license (b) Animals (Not Spayed or Neutered l Year $ 25.00 (c) Duplicate Animal License $ 7.00 (d) Late Penalty $ 10.00 905.31-905.33 (e) Commercial Kennel 1 Year $ 217.00 (f) Residential Kennel 1 Year $ 164.00 (g) Veterinary $ 217.00 905.37-905.39 (h) Pigeons 1 Year $ 43.00 905.41 (i) Non-domestic Animals (Temporary Permit) $ 30.00 905.01-905.29 (j) Impounding (each animal) 1st time $ 64.00 2nd Time $ 127.00 3rd time (each impound after) $ 191.00 (k) Dangerous dog registration fee $ 500.00 State Statute 347.51 SECTION 7. VEHICLE AND TRANSPORTATION LICENSE AND PERMIT FEES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (1) Aircraft 1340 1 Day $ 44.00 (2) Food Vehicle 615 (a) Bakery vehicle 1 Year $ 111.00 (b) Catering -for first food vehicle 1 Year $ 235.00 Second vehicle 1 Year $ 97.00 Each additional vehicle 1 Year $ 52.00 (c) Readily perishable (Same as (b) above) (3) Garbage and 601.01-601.33 Commercial and Residential Refuse Collection First vehicle 1 Year $ 220.00 Each additional vehicle 1 Year $ 47.00 (4) Motor Vehicle 1 155 Per place of business 1 Year $ 330.00 Dealer Each additional place of business 1 Year $ 125.00 (5) Motor Bicycle 1 160 Per place of business 1 Year $ 191.00 Business Per place of business to sell, rent or least 1 Year $ 87.00 (6) Sound Truck 1 165 Per vehicle 1 Year $ 191.00 Per Vehicle 1 Day $ 29.00 (7) Taxicab 1 170 First vehicle or auto livery 1 Year $ 476.00 Each additional vehicle or auto livery operated at any time within license period 1 Year $ 59.00 (8) Taxicab Driver 1 175 1 Year $ 45.00 (9) Rental or Utility 1 185 Each place of business 1 Year $ 87.00 Trailers and Trucks BOLD represents added/amended fees D-4 '7 (J " SECTION 8. COMMERCIAL BUSINESS AND TRADE LICENSES AND PERMITS TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (1) Firearms Dealer 920.01-920.05 1 Year $ 1 ,470.00 (2) Itinerant Food 615 Per $ 118.00 Establishment Event (3) Retail Candy Shop bl 5 First facility 1 Year $ 118.00 Each additional on same premises 1 Year $ 29.00 (4) Food Establishment 615 (a) Retail or Wholesale Food Sales (Grocery) 1 Year $ 311.00 (b) Restaurant (Prepackaged food only sold for consumption) 1 Year $ 311.00 (c) Restaurant (Prepared food sold for consumption) 1 Year $ 581.00 (d) Plan Review Fees: See fee schedule at end of Section 8 (e) Additional Food Facilities (Baked goods, meat, produce, microwave ovens) Each $ 40.00 (5) Vending Machine 615 (a) Food vending machine requiring coin or token (excepting those machines dispensing bottled or canned soft drinks) 1 Year $ 15.00 (b). Other food vending machines (excepting those dispensing bottled or canned soft drinks) 1 Year $ 15.00 (c) Ice vending machine 1 Year $ 15.00 (b) Automobile 1 125 Per calendar year or fraction thereof $ 148.00 Washing Establishment (7) Scavenger 600.25 Each vehicle 1 Year $ 44.00 Permit fee for opening cesspool or dumping contents of each cesspool into City sewer $ 21.00 (8) Incinerator 600.01-600.23 1 Year $ 44.00 (9) Tobacco 1 146.01(MS Retail Sale and Distribution -License issued $ 368.00 461.12) on calendar year (cigarette vending machines prohibited) (Bill No. 1998-19) (10) Soft drink 1 145.01 (a) Cans, bottles from shelf or cooler, $ 30.00 fountain service (b) Vending machine dispensing bottles or -0- cans (c) Other vending machines Per year or fraction thereof $ 30.00 Per each additional machine $ 30.00 1 1 Transient Merchant 1 181.01-1 181.09 1 Da $ 94.00 12 Wa on Peddler 1 181 1 Year $ 221.00 (13) State hawker or 1 181 6 month/per person covered $ 54.00 Peddler license BOLD represents added/amended fees D-5 Td"~p SECTION 8 COMMERCIAL BUSINESS AND TRADE LICENSES AND PERMITS (CONTINUED) TYPE OF PERMIT SECTION DESCRIPTION fEE OR LICENSE REQUIRING (14) Canvasser or 1 181 6 month/per person covered $ 54.00 Solicitor (15) Christmas Tree Sale 1 130.03 1 Year $ 119.00 (16) Motel 1 190 First Unit $ 206.00 Per year each additional unit $ 14.00 (17) Outdoor 1 135 Permit $ 93.00 Merchandising (18) Storage Enclosure 1 135 Per Enclosure $ 80.00 (19) Pawnbroker 1 187 (a) Pawnbroker 1 Year $ 3,832.00 (b) Owner investigation fee (nonrefundable) 1 Year $ 2,203.00 (c) Manager investigation fee 1 .Year $ 797.00 (nonrefundable) (d) Employee investigation fee 1 Year $ 77.00 (nonrefundable) (e) Transaction fee -per transaction $ 2.00 (20) Secondhand 1 186 (a) Secondhand Goods Dealer 1 Year $ 420.00 Goods Dealer (b) Initial investigation fee (nonrefundable) actual costs in excess of above with total not exceeding $ 1,762.00 Applicant shall deposit $1200.00 with Licensing Clerk along with application. Amount in excess of actual application costs shall be refunded. (21) Auto Detailing 1 195.01 1 Year $ 328.00 Establishment (22) Tattoo, Body 630 (a) Tattoo, body piercing, body painting or Piercing, Body body branding 1 Year $ 734.00 Painting or Body (b) Initial investigation fee (nonrefundable) 1 Year $ 2,203.00 Branding (23) Temporary Tattoo, 630 Per booth $ 44.00 Body Piercing, Body Branding and Body painting events (24) Massage Therapy 1 188 Annual license 1 Year $ 733.00 Enterprise License Investigation fee (new license) $ 733.00 (Business license) Massage Therapist Annual license 1 Year $ 75.00 License (Individual Investigation fee (new license) $ 75.00 license) Temporary Per temporary location $ 147.00 Massage Therapist License (25) Public Swimming 420.10 1st Pool $ 125.00 Pool License Each Additional $ 67.00 BOLD represents added/amended fees D-6 ~~~~ SECTION 8 COMMERCIAL BUSINESS AND TRADE LICENSES AND PERMITS (CONTINUED) PLAN REVIEW FEE FOR FOOD, THERAPEUTIC MASSAGE AND LODGING PERCENTAGE OF FACILITY INVOLVED WILL BE DETERMINED BY STAFF Definitions: Class A -Large restaurant or large grocery store that employs more than four people per shift, and/or has multiple supplemental licenses (i.e., bar, bakery, deli, meat department, etc.) Class A (Fast Food) -Counter service only and/or drive through window and warehouses. Class B -Daycare, pet shops, retail candy, prepackaged food only. Class C Small grocery/restaurants with four or less employees per shift and health clubs. Environmental plan review -includes the physical remodeling, updating, equipment replacement, equipment additions and the general overall review of all plans/work. This also includes all new development projects. New Construction Extensive Minor Remodel Non-remodel and/or Major Remodel (25- (0-24% of facility) approval Remodel (over 50% 50% of facility) consultation of facility involved) ($5,000 or less in costs Class A (large .$2,343 $1,221 $659 $112 restaurant or roce Class A (fast food and $1,614 $883 $490 $112 warehouses Class C (food facilities $883 $491 $293 $112 with 4 or less employees per shift and health clubs Class B (daycares, $433 $169 $84 No fee grocery, pet shops, retail cand Class B (prepackaged New project or Minor remodel - food only) change of owner - permit but no $112 Ian check fee Thera eutic Massa e $112 $112 $112 $112 Lod in $1,952 $1,051 $548 $112 SECTION 9. LIQUOR AND RELATED LICENSE AND PERMIT FEES TYPE OF PERMIT OR LICENSE SECTION REQUIRING DESCRIPTION FEE (1) 3.2 Malt Liquor 1202.05 (d) On-Sale 1 Year $ 810.00 (e) Tavern (dance) 1 Year $ 662.00 (f) Wholesale 1 Year $ 40.00 (g) Off-Sale 1 Year $ 235.00 (h) Club (Bottle Club) 1 Year $ 535.00 (i) Temporary per event $ 59.00 (2) Liquor 1202.05 (a) On-Sale 1 Year $13,358.00 (b) Sunday (Fee set by state law) 1 Year $ 200.00 (c) Wine 1 Year $ 1,178.00 (d) Veterans' Organization (Ex-Sunday) 1 Year $ 766.00 (e) Temporary per event $ 121.00 BOLD represents added/amended fees D-7 `~" IE.J " SECTION 9 LIQUOR AND RELATED LICENSE AND PERMIT FEES (CONTINUED) TYPE OF PERMIT OR LICENSE SECTION REQUIRING DESCRIPTION FEE (3) Employee License 1208.01 Effective 10/1 /95 all licenses issued shall be $ 33.00 On-Sale Liquor valid for a period of two years from the date Establishments bf initial application (4) Investigation Fee 1202.01-1202.21 (a) On-Sale liquor including Veterans' $ 732.00 and Organization each person shown on application actual costs in excess of above Each additional investigation for each person not listed on original or renewal application $ 219.00 1202.11 (b) Wine - Original Application initial Fee $ 406.00 and actual costs in excess of above with total fee not to exceed $ 3,096.00 Renewal Application Initial Fee $ 91.00 and actual costs in excess of above with total cost not to exceed $ 3,096.00 1202.11 Additional Investigation under 1200.09 Subd. 3 $ 180.00 and not to exceed $ 3,096.00 Investigation of substitute manager $ 91.00 BOLD represents added/amended fees D-8 ~-B-R SECTION 10. HOUSING INSPECTION AND RENTAL LICENSE FEES TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (1) License for 405 (a) Apartment House 1 Year $ 135.00 Apartment Houses Each unit $ 14.00 and Rental Homes (b) Rental Home -single family dwelling 1 Year $ 135.00 (c) Duplexes/double bungalows First unit 1 Year $ 135.00 Each additional rental unit 1 Year $ 80.00 (d) Late Fee $ 100.00 $100 penalty for each month or portion per month thereof during which said fee remains unpaid. (e) License Transfer Fee $ 40.00 (f) Reinstatement of suspended license 50% of license fee (minimum $80) (g) Reinstatement of Revoked license 100% of license fee (h) Re-Inspection Fee 1. multi-family $ 80.00 ea. 2. single family 8~ duplex $ 50.00 ea. (Inspection over standard 2 inspections) Reinspection fees shall be payable at the time of license renewal and no renewal license shall be issued unless all inspection fees are paid (i) Provisional license for apartment house 1 Year $ 270.00 Includes first unit Each additional unit $ 28.00 Provisional license for Rental Home- single family dwelling $ 270.00 Provisional license for duplex First unit $ 270.00 Each additional unit $ 160.00 (j) Investigation fee for operating a rental $ 200.00 property without a license (2) Certificate of 405.26 Single family home (includes one reinspection) $ 145.00 Housing 2-family home (includes one reinspection) $ 225.00 maintenance Compliance Reinspection Fee $ 50.00 Fee to rocess cash escrow a reement $ 50.00 (3) Permit Fee for 405.19 1 Year $ 170.00 Rooming House BOLD represents added/amended fees D-9 ~ ~ ~- I ~0 SECTION 11. MISCELLANEOUS FEES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (1) Permit to reside 1 190 In motel for more than six months $ 17.00 (2) Permit to Carry a Permit Issued By County Gun (3) False Alarms (a) in excess of 2 for calendar year $ 100.00 (billable) (b) in excess of 10 for calendar year $ 200.00 (c) in excess of 20 for calendar year $ 300.00 (4) Nuisance Conduct 925 Third call to a property for nuisance conduct $ 250.00 Fee within a 365-da eriod (5) Copying Services Flat rate (per page) $ .25 Provided Special rate (a) Black & White Photocopy rate 8.5 x 1 1 (per side) $ •25 8.5 x 14 (per side) $ •25 MN Statute 13.03C 1 1 x 17 (each) $ .50 24 x 36 (each) $ 2.50 X-large $ 2.50 Color Photocopy rate 8.5 x 1 1 (per side) $ 1.00 ' 8.5 x 14 (per side) $ 2.00 1 1 x 17 (each) $ 4.00 24 x 36 (each) $ 18.00 X-large $ 3.OOsq./ft. (b) Labor hourly wage & 33% (c) Postage prevailing rate (d) Fax per page $ .50 (e) Audio tape of meeting (per tape) $ 5.00 (f) Video tape of meeting (per tape) $ 15.00 (g) Electronic copies (cd or disk) $ 5.00 (h) As builts (per image) $ .50 (6) Notary Fee Fee Set By State (7) Candidate Filing City Charter $ 25.00 Fee 4.04 (8) Photo Fee Includes 2 photos $ 16.00 including tax BOLD represents added/amended fees D-10 ~~,~ Jl SECTION 11 MISCELLANEOUS FEES (CONTINUED) TYPE OF PERMIT OR LICENSE SECTION REQUIRING DESCRIPTION FEE (9) Special Assessments Assessment Search $15.00 per Property Identification Number (PID) Levied or Pending Special Assessment $30.00 for each report Report Plus $.OS for each PID Number Creation of New or Special $25.00 minimum fee. Report Fees to be based on time and materials to create report Listing Information Printout of PID Listing $3.00 per PID Number Review of Comparable Property Records Residential Field Card Report $ .25 per copy for up to five comparable properties Commercial/Industrial/Apartment Field Card Report $2.00 per copy Certified Card Report $3.00 Co of Certificate of Real Estate Value $ .25 SECTION 12. ROOM AND PARK SHELTER RENTAL FEES LOCATION DESCRIPTION CLASSIFICATION FEE Richfield City Hall Council Chambers Non-Profit Weekend: $ 72.00/Hr Weekday: $ 49.00/Hr Resident Weekend: $ 72.00/Hr Private Weekday: $ 62.00/Hr Non-Resident Weekend: $ 82.00/Hr Private Weekday: $ 72.00/Hr Richfield Community Center Augsburg Room Non-Profit Saturday: $ 54.00/Hr Weekday: $ 27.00/Hr Resident Saturday: $ 54.00/Hr Private Weekday: $ 32.00/Hr Non-Resident Saturday: $ 59.00/Hr Private Weekday: $ 37.00/Hr BOLD represents added/amended fees D-11 ~8~1~. SECTION 12 ROOM AND PARK SHELTER RENTAL FEES (CONTINUED) LOCATION DESCRIPTION CLASS FICATION FEE Richfield Community Center Nicollet Room Non-Profit Saturday: $ 54.00/Hr Weekday: $ 27.00/Hr Resident Saturday: $ 54.00/Hr Private Weekday: $ 32.00/Hr Non-Resident Saturday: $ 59.00/Hr Private Weekday: $ 37.00/Hr Richfield Community Center Combined Non-Profit Saturday: $ 96.00/Hr Nicollet/Augsburg Weekday: $ 49.00/Hr Resident Saturday: $ 96.00/Hr Private Weekday: $ 62.00/Hr Non-Resident Saturday: $106.00/Hr Private Weekday: $ 72.00/Hr Richfield Community Center Richfield Room Non-Profit Saturday: $ 72.00/Hr Weekday: $ 49.00/Hr Resident Saturday: $ 72.00/Hr Private Weekday: $ 62.00/Hr Non-Resident Saturday: $ 82.00/Hr Private Weekday: $ 72.00/Hr Richfield Community Center Ruth Johnson Room Non-Profit Saturday: $ 32.00/Hr Weekday: $ 27.00/Hr Resident $ 32.00/Hr Private Non-Resident $ 37.00/Hr Private Richfield Community Center Fireside Room Non-Profit $ 27.00/Hr Resident $ 32.00/Hr Private Non-Resident $ 37.00/Hr Private Wood Lake Nature Center Auditorium Non-Profit $ 31.00/Hr Resident $ 41.00/Hr Private Non-Resident $ 46.00/Hr Private BOLD represents added/amended fees D-12 ~6 --/~ SECTION 12 ROOM AND PARK SHELTER RENTAL FEES (CONTINUED) LOCATION DESCRIPTION CLASSIFECATION FEE Augsburg Park Park Buildings Resident $ 25.00/Hr Christian Park $ 21.00/Hr (3+ Hrs) Donaldson Park-East Jefferson Park Non-Resident $ 30.00/Hr Madison Park $ 26.00/Hr (3+ Hrs) Taft Park-North Washin ton Park Fairwood Park Open Picnic Shelters Resident $ 20.00/Hr Monroe Park $ 17.00/Hr (3+ Hrs) Augsburg Park Non-Resident $ 25.00/Hr $ 22.00/Hr 3+ Hrs Sheridan Park Open Picnic Shelter Resident $ 23.00/Hr $ 20.00/Hr (3+ Hrs) Non-Resident $ 27.00/Hr $ 24.00/Hr (3+ Hrs) Veterans Park Open Picnic Shelter Resident ~ 1 Section: $ 91.00 Day: 4 Hour Block 2 Sections: $ 165.00 3 Sections: $ 232.00 Non-Resident 1 Section: $ 99.00 2 Sections: $ 178.00 3 Sections: $ 250.00 Veterans Park Open Picnic Shelter Resident 1 Section: $ 68.00 Evening: 3 Hour Block 2 Sections: $ 122.00 3 Sections: $ 171.00 Non-Resident 1 Section: $ 73.00 2 Sections: $ 133.00 3 Sections: $ 190.00 Athletic Fields Baseball/Softball Fields Category A Renters Weekday: No fee Weekend: No Fee, only applicable staff costs Category B Renters Weekday: $ 32.50/Hr 1- 2 hours Weekend: $ 32.50/Hr + applicable staff costs Category B Renters 2 hours $ 32.50/Hr 4 hours $ 65.00/Hr 8 hours $ 80.00/Hr Add'I hours over 8 $ 32.50/Hr Tennis Courts Augsburg, Christian, Donaldson, Fairwood, $ 4.50/Hr Jefferson, Heredia, Madison, Nicollet, Roosevelt, and Washin ton Parks. Athletic Facility Light Use Softball Fields $ 20.00/Hr Baseball Fields $ 25.00/Hr Football/Soccer Field $ 25.00/Hr Tennis Courts $ 3.00/Hr BOLD represents added/amended fees D-13 ~Fd ~i ~- Passed by the City Council of the City of Richfield this 22nd day of September, 2009. Debbie Goettel Mayor ATTEST: Nancy Gibbs City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 22, 2009 4C 188 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: S]GNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution certifying delinquent sewer and water utility accounts to the County Auditor. I. RECOMMENDED ACTION: By Motion: Adopt the resolution certifying unpaid sewer and water service charges to the County Auditor to be collected with other taxes on said pro erties. II. BACKGROUND Chapter VII of the Richfield Ordinance Code provides that unpaid water and sewer charges may be certified to the County Auditor. to be included in a property owner's annual property tax bill. The Ordinance Code also authorizes a certification fee to be charged against each delinquent account. By certifying the delinquent charges to the property taxes for the delinquent properties, the City is assured of ultimately collecting the delinquent charges. In 2008 the City Council certified $232,799.33 of delinquent charges for 545 properties, an average cost of $427.15 per account. The 2009 certification currently under consideration totals $321,634.60 for 959 properties, an average of $335.39 per account. Staff expects that, as in years past, many of the now delinquent accounts will be paid before certification. ` III. BASIS OF RECOMMENDATION ROBERT HINTGEN, UTILITIES SUPERINTENDENT 092209delinquent A. POLICY • State Statute and Chapter VII of the Richfield Ordinance Code provide that unpaid water and sewer charges may be certified to the County Auditor to be included in a property owner's annual property tax bill. B. CRITICAL ISSUES • Property owners owing utility charges will be notified in September that failure to pay the amount owed will result in certification to the property owners' taxes. C. FINANCIAL • Throughout the year, the Division bills and collects charges for water, wastewater and storm water from accounts within the City. The charges include a 6.5% penalty on unpaid balances. This penalty is paid quarterly against the accrued unpaid balance. The delinquent accounts must be certified to the County Auditor in order for the City to collect the charges through the property tax process. A $50 certification fee is charged to each account assessed to taxes. The. assessment is spread over a period of one year at the rate of 8% per annum. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the resolution. However, the certification process is the only process the City has to collect these delinquent accounts. V: ATTACHMENTS • Resolution authorizing certification of unpaid sewer and water service charges to the County Auditor to be collected with other taxes on said properties VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • None. __ _ ~~-I RESOLUTION NO. RESOLUTION AUTHORIZING CERTIFICATION OF UNPAID SEWER AND WATER SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES WHEREAS, Ordinance Code 715 establishes rules, rates and charges for water service in the City of Richfield; and WHEREAS, Minnesota Statutes 444.075 provides that all delinquent water service charges not paid may be certified to the County Auditor and shall be collected with other taxes on such property; and WHEREAS, Ordinance Code 705 established rules, rates and charges for sanitary sewer service in the City of Richfield; and WHEREAS, Ordinance Code 705.19 thereof provides that all sewer services charges not paid within 15 days after the quarterly due date may be certified to the County Auditor with taxes against such property, and shall be collected with other taxes on such property; and WHEREAS, Ordinance Code 720 established rules, rates and charges for storm water service in the City of Richfield; and WHEREAS, Ordinance Code 705.19 thereof provides that all storm water service charges not paid may be certified to the County Auditor with taxes against such properties, and shall be collected with other taxes on such property; and WHEREAS, an assessment roll has been prepared specifying the amount, which shall be certified against each particular property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. There is hereby determined to be a total uncollected amount for water, sanitary sewer and storm service of $321,634.60. 2. That a $50 certification charge shall be levied against each delinquent account, such charges totaling $47,950. 3. That the above-described assessment be spread over a period of one year at the rate of 8% per annum. " 4. That such amount be hereby certified to the County Auditor for collection with other taxes on said properties. 5. That a copy of the resolution shall be sent to the Hennepin County Auditor. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of September 2009. Debbie Goettel, Mayor .ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 4D REPORT # 189 ~~' STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 22, 2009 REPORT PREPARED BY: KRISTIN ASxER, CITY ENGINEER NAME, Tr7zE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of an Agreement between Center Point Energy and the City of Richfield to relocate a natural as pipeline for construction of the Lyndale Avenue Bridge over I-494. I. RECOMMENDED ACTION: By Motion: Approve the attached agreement between CenterPoint Energy and the City of -Richfield to relocate utilities as part of the Lyndale Avenue Bridge Over I-494 Project.. II. ~ BACKGROUND The construction of the new Lyndale Avenue Bridge over I-494 will require CenterPoint Energy to move a natural gas pipeline out of the way of the new bridge at an estimated cost of $23,863. Federal funds will be used to pay 100% of the cost to do this work. The; natural gas pipeline that needed to be relocated was on southeast side of the bridge in Bloomington. The line serves two Bloomington businesses, Acura and Forklifts of Minnesota. An agreement for the relocation of CenterPoint Energy's facilities to accommodate the reconstruction of the Lyndale Bridge was approved at the November 10, 2008 City Council meeting. CenterPoint Energy has since requested minor changes to the agreement and the attached version. is the final agreement. 0922CenterPoint III. BASIS OF RECOMMENDATION A. POLICY • The City's Comprehensive Plan identifies the need to rebuild I-494 including the Lyndale Avenue Bridge B. CRITICAL ISSUES • The work has been completed and CenterPoint Energy is anxious to receive payment. C. FINANCIAL . The proposed utility relocation work will be paid for using 100% federal funds. • Federal funds have been secured to be used for the relocation of utilities associated with the Lyndale Bridge reconstruction. There are adequate funds available to cover this agreement. D. LEGAL • The City Attorney has reviewed the agreement. E. ENVIRONMENTAL CONSIDERATIONS • Construction of the Lyndale Avenue Bridge has already received all state and federal environmental approvals. IV.. ALTERNATIVE RECOMMENDATION~S~ • None V. ATTACHMENTS • Agreement between Center Point Energy and the City of Richfield to Relocate Utilities as part of the Lyndale Avenue Bridge over I-494 Project. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. 0922CenterPoint ~Q~~1 Prepared by the City of Richfield S.P. 2785-342 (T.H. 494) (Payable) Location: Richfield/Bloomington ($23,863.00) Utility Owner: CenterPoint Energy Resources Corp. UTILITY RELOCATION AGPtEEMENT This Agreement is between the City of Richfield, a municipal corporation (City}, and CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Minnesota Gas, including its agents, contractors, and subcontractors (Utility Owner). This Agreement describes how the parties will mitigate the effects of a City construction project on the Utility Owner. RECITALS The City plans to let a contract to construct State Project Number 2785-342 (Project), on Federal Aid Interstate Highway Number 494, which is part of the National System of Interstate Highways. The Federal Highway Administration (FHWA) identifies the Project as Minnesota Project Number SP 157- 363-19, SP 107-415-19, SP 2785-342 in its records. The Project is located in Richfield and Bloomington, MN. Authorized FHWA officials have approved the Project. The Utility Owner owns and operates its fixtures and related equipment (Facilities} within the limits of publicly owned right of way. The Facilities are within the limits of the Project. The Utility Owner must relocate the Facilities that are within the Project limits. The Utility Owner has requested reimbursement for the cost of this relocation from the State. The City requested the Utility Owner to prepare its preliminary work. Under Minnesota Statutes, section 161.46, the City will reimburse the Utility Owner for the cost of relocating its Facilities. Code of Federal Regulations, title 23, part 645, subpart A, and as amended requires a written agreement that specifies the work the Utility Owner will perform for reimbursement. This Agreement is subject to all state, federal, and other applicable laws and regulations. Page 1 of 9 ~Q-~ S.P. 2785-342 (T.M.494) Richfield Agreement Number 0$-02 AGREEMENT 1. TermlTermination A) Effective Date: This Agreement is effective on the date that the City obtains all signatures. B) Commencement of Work: Upon notice of Agreement approval, the Utility Owner must commence work according to a schedule the City's Project Engineer (Project Engineer) approves. The Project Engineer is Michael Beer, Mn/DOT, phone 952-826-6705. C) Expiration Date: This Agreement will expire on the date that alt obligations, excluding the Utility Owner's ongoing maintenance obligation, have been satisfactorily fulfilled. D) Termination by the City: The City may terminate this Agreement at any time, with or without cause, on 30 days written notice to the Utility Owner. Upon termination, the Utility Owner will be entitled #o payment, on a pro rata basis, for performed services. E) Survival of Terms: The following articles survive this Agreement's expiration or termination: {III) Utility Owner's Ongoing Maintenance Requirements; and (V) Audits. 11. Utility Owner's Duties A} Relocation: The Utility Owner must: 1) Relocate its Facilities according to: a) The terms of the Notice to Proceed letter issued by the City. b) All applicable codes and other law, including but not limited to, the Utility Owner's franchise with the City; c) The directions of the Project Engineer and the City's Utilities Engineer (Utilities Engineer); d) The plans for the utility work, which are attached to this Agreement as Exhibit A. If any changes must be made to the plans, the Utilities Engineer must approve these changes in writing before the Utility Owner pertorms the work to qualify for reimbursement; and e) Mn/DOT's standard construction specifications. 2) Submit one copy of the State's Application for Utility Permit, Form 2525, inGuding two copies of °proposedA sketches, for all Facilities within the trunk highway right of way to the State Utilities Engineer and to the City for its right of way permit before beginning relocation work. Page 2 of 9 ~ D-3 S.P. 2785-342 {T.H.494) Richfield Agreement Number 08-02 3) Coordinate its operations with the City's contractor's (Contractor) operations and notify the Project Engineer at least two days before beginning and after completing each operational phase. 4) Stake the location and elevation of the proposed Facilities within the trunk highway right of way. The Utility Owner must not begin construction until the Project Engineer approves the location and elevation. 5) Subcontract the relocation work under the terms of an existing contract because the Utility Owner does not have adequate staff to perform the work. If the subcontracted utility work casts $10,000.00 or more, the Utility Owner must: a) Enter into a written contract with the subcontractor for that work. The contract must include or incorporate the "Audits" Cause in substantially the same form as it appears in Article {V) of this Agreement; provide a detailed breakdown of the basis for compensation; and state that there will be no "penalty" or "winding up" charges for contract termination. b) Provide copies of the contract to the City prior to its execution or before commencing work under an already executed "retainer-type" contract. 6) Accomplish the relocation work with its own equipment. If the Utility Owner's contractor must rent any equipment at a later date, it must first obtain: a) The Utilities Engineer's written approval of the equipment rental and its rental rates; and b) The Project Engineer's approval of the equipments proposed use. 7) Complete all underground installations within the proposed roadways before the Contractor begins the base work operations. The Utility Owner must not substitute backfilling material unless specifically authorized by the Project Engineer. The Utility Owner must dispose of all rejected but uncontaminated or polluted soil material within the highway right of way as directed by the Project Engineer. If any contaminated or polluted soil is encountered by the Utility Owner, the said soil will be disposed of by the Contractor in accordance with all laws. The Utility Owner must mechanically compact all material replaced in the excavation. The Utility Owner must restore all drainage and slopes to the Project Engineer's satisfaction. Page 3 of 9 ~4 D -4 S.P. 2785-342 (T.H.494) Richfield Agreement Number 08-02 8) Report the work it performs each day to the Project Engineer an the State's Daily Utility Report, Form 21191, or on another form that the Project Engineer deems acceptable. The Utility Owner must submit this report to the Project Engineer no later than the day after performing the work. 9) Maintain accurate and up-to-date relocation cost records throughout the course of the Project. 10) Leave materials in place at the Project Engineer's discretion. Any materials left within the highway right of way after the Utility Owner completes its work will become the property of the Contractor. B) Compliance with Safety Regulations 1) The Utility Owner must comply with the safety regulations contained in Minnesota Rules, part 8810.3300 subpart 5, during all construction and maintenance operations. The Utility Owner will fumish and require each flagger to carry a copy of the current edition of the State's Field Manual, which is Part IV of the Minnesota Manual of Uniform Traffic Contro! Devices. The Utility Owner must fumish each flagger with the required vest, hat, hand sign, flags, and any other necessary safety equipment. 2) The provisions of this Agreement do not relieve the Utility Owner of any legal responsibility or liability associated with the construction, operation, or maintenance of its Facilities. C) Compliance with Pollution Control Requirements 1) The Contractor installs pollution control measures according to the National Pollution Discharge Elimination System permit (NPDES permit). Pollution control measures include silt fences, slope stabilization measures such as seed and mulch, and any other measures the City deems necessary to comply with the NPDES permit. If the Utility Owner's work affects such pollution control measures, the Utility Owner must restore them to their original condition and to the Project Engineer's satisfaction. If the Utility Owner is relocating Facilities before the Contractor begins construction, the Utility Owner must work with the Project Engineer to determine if pollution control measures are necessary and how to implement them if they are. Page 4 of 9 `~f ~ "~ S.P. 2785-342 (T.H.494) Richfie{d Agreement rVumber 08-02 III. Utility Owner's Ongoing Maintenance Requirements A) Once construction is complete, the Utility Owner must maintain the Facilities at its own expense. The Utility Owner must follow the terms of the permit when it performs any maintenance work. B) The Utility Owner may open and disturb the trunk highway right of way without a permit in the case of an emergency that is dangerous to the public and requires immediate attention. Upon teaming of an emergency, the Utility Owner must immediately notify the State Patrol. The Utility Owner must take atl necessary and reasonable safety measures to protect the public and must cooperate fully with the State Patrol. In this event, the Utility Owner must request a permit from the proper authority no later than the working day after it begins working in the right of way. IV. Payment A) Payment 1 } Exhibit B, which is attached to this Agreement, is a detailed, itemized estimate of the cost of the Utility Owner's relocation work. Actual expense includes all costs attributable to design engineering and construction relocation work. Reimbursement wilt be based on the actual costs #or work that conforms to Exhibit A. Betterment, increase in value, and salvage value derived from the relocated Facilities will not be included in this reimbursement. 2} The City will pay the Utility owner for the actual cost the Utility owner incurs performing its obligations pursuant to this Agreement in an amount not to exceed $23,863.00 (plus cost overruns that are approved pursuant to Article IV.C.) upon receiving: a) Satisfactory proof that the Facilities have been relocated to the Project Engineer's and Utilities Engineer's satisfaction; and b) One original, signed invoice that is supported by an itemized statement of costs. An authorized representative of the Utility Owner must sign the invoice and submit the final bill to the Utilities Engineer no later than 90 days after completing the relocation. 3) The City's payment constitutes payment in full for all work the Utility Owner pertorms and for any and all damages, claims, or causes of action of any kind accruing to the Page 5 of 9 ~D~-!o S.P. 2785-342 (T.H.494) Richfield Agreement Number 08-02 Utility Owner because of the City's order to relocate the Facilities. Notwithstanding anything in this Agreement to the contrary, the Utility Owner reserves the right to pursue any lawful remedy it may have for tortious acts that may arise out of the relocation of the Facilities. 4) If acceptable to the Utilities Engineer, the City may process periodic billings of incurred cost without prior audit. 5) The Utility Owner will record its actual and indirect costs according to the Federal Regulatory Commission's (FERC) wank order accounting procedure. 8) Federai Reimbursement 1. Pursuant to Code of Federal Regulations, title 23, part 645, subpart A, and as amended, the federal govemment may reimburse the City for a portion of the relocation cost the City pays the Utility Owner. The amount of the federal reimbursement will be determined upon the City's audit of the cost the Utility Owner claims according to the Agreement. The amount the City pays the Utility Owner for its relocation must not exceed the amount on which the federal govemment bases its reimbursement. 2. If the amount the City pays the Utility Owner exceeds the amount on which the federal govemment bases its reimbursement, the Utility Owner, upon the City's request, must immediately pay the difference to the City. C) Limitation an Payment The total amount the City is required to pay the Utility Owner is limited to the amount shown in Article IV.A.2. 2) If the Utility Owner deems it necessary to pertorm additional work not covered by this Agreement, or anticipates costs exceeding the amount shown in Article IV.A.2., then the Utility Owner must promptly notify the Utilities Engineer, in writing, prior to pertorming that additional work or incurring those additional costs. The written notice must describe the nature and cost of the additional work and provide reason(s) to support the request. The Utilities Engineer may approve the request subject to the availability and encumbrance of necessary funds. If the Utility Owner performs additional work for which the City has not previously encumbered funds, the City is not obligated to pay for Page 6 of 9 ~~~ S.P. 2785-342 (T.H.494) Richfield Agreement Number 08-02 that work. 3) If the amount the Utility Owner requests under Article IV.C.2. does not exceed 10 percent of the amount in Article IV.A.2., the Utility Owner may begin the additional work upon not cation from the City that it has approved the work and encumbered funds. The City may authorize payment of that pre-approved additional amount without amending this Agreement. 4) If the amount the Utility Owner requests exceeds 10 percent of the amount shown in Article IV.A.2., this Agreement must be amended to reflect the new cost before the City will be responsible for paying that additional cost. The City is not obligated to reimburse the Utility Owner for amount in excess of the amount for which the State or federal government will reimburse the City for the specified work. V. Audits The Utility Owner's costs to relocate its Facilities according to this Agreement and the costs for any additions or alterations to these Facilities are subject to the City, State and federal govemmenYs examination and audit. The Utility Owner must maintain records of all disbursements for audit purposes. Pursuant to Minnesota Statutes, section 16C.05, subdivision 5, the Utility Owner's accounting books, records, documents, procedures, and practices that are relevant to this Agreement are subject to Audit for a minimum of six years after this Agreement expires. The remainder of this page was left blank Intentionally. Page 7 of 9 ~QrB S.P. 2785-342 (T.H.494) Richfield Agreement Number 08-02 tN TESTIMONY WHEREOF, the Utility Owner has caused these presents to be executed by ,its ,and the City have caused these presents to be executed by its duly authorised officers. UTILITY OWNER By: lts: Date: Page 8 of 9 y~-9 S.P. 2785-342 (T.H.494) Richfield Agreement Number 08-02 City of Richfield By: Its: Manor, Debbie Goettel By: Its: Date: Date: Page 9 of 9 City Manager, Steven L. Devich AGENDA SECTION: CONSENT AGENDA ITEM # 4E REPORT # 19O ~~ STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 22, 2009 REPORT PREPARED BY: KRISTIN ASHER, CITY ENGINEER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of work proposals from WSB & Associates, Inc. for the development of final concept plans and project development coordination with the Minnehaha Creek and Nine Mile Creek Watershed Districts for the Taft/Legion and Adam's Hill Regional Stormwater Quality Pro'ects. I. RECOMMENDED ACTION: By Motion: Approve the hiring of WSB and Associates, Inc. to complete final concept plans and provide project development coordination for the Taft/Legion and Adam's Hill Regional Stormwater Quality Projects for a cost not to exceed $96,624 without further authorization. II. BACKGROUND Consistent with the City's Comprehensive Surface Water Management Ptan (CSWP) and discussions at the July Council Worksession, staff has requested work proposals from WSB and Associates, Inc. to proceed with the Taft/Legion and Adam's Hill Regional Stormwater Quality" Projects. Staff has had preliminary discussion with both the Minnehaha Creek Watershed District (MCWD) and Nine Mile Creek Watershed District (NMCWD) staffs. Both districts have shown an interest in working cooperatively with the City to achieve these projects. In order to have an opportunity to secure funding through either district more information needs to be gathered and a detailed concept plan needs to 0922StormWSB be completed for each project. All stakeholders, including the watersheds, Metropolitan Airports Commission, Minneapolis, residents, and multiple City Departments will need to be actively engaged in the development of the concept plans for the projects to be successful and attract funding from the watershed districts. The attached proposals outline the necessary steps to advance these projects and includes the collection of site information, sampling, development of concept plans, multiple coordination meetings with project stakeholders, development of final concept plans, and the preparation of Memorandums of Understanding provided the a project is going to move forward to final design. III. BASIS OF RECOMMENDATION A. POLICY • The Taft/Legion and Adam's Hill Regional Stormwater Treatment Projects are identified in the City's Comprehensive Surface Water Management Plan. B. CRITICAL ISSUES • Both the Minnehaha Creek and Nine Mile Creek Watershed District's staff are eager to discuss the projects. Coordinating with the Watershed District's is essential to securing funds for the projects. • The City has an obligation to make water quality improvements at Adam's Hill Pond in 2010 (Edina Agreement). C. FINANCIAL • The total estimated cost of the design for both projects is $96,624.- • The estimated cost for completing the Legion/Tart project scope of work is $49,456. • The estimated cost for completing the Adam's. Hill project scope of work is $47,168. • Funding for the final concept plans is identified in the 2009 Stormwater Utility Budget, line item 7350 (Other Improvements) D. LEGAL • The City Attorney will be available to answer questions. E. ENVIRONMENTAL CONSIDERATIONS • The proposed projects will improve water quality. IV. ALTERNATIVE RECOMMENDATION~S~ • The Council may choose not to approve the work proposals at this time. V. ATTACHMENTS • Graphic of Watershed Districts • Scope of Work Memorandum regarding Taft Lake/ Legion Lake Water Quality Project • Scope of Work Memorandum regarding~Adam's Hill Water Quality Project VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None expected. ~~~ III iI 3~ ~I 3 3 LJ_Lll1J_LJ LLLLiJ_Lll ®~ C LIN TON ~-5-~ ® ~'~M~'T~y 4th 1~®11 JI ~~' ® ®WllllllllL 5th PORTLAND ® ® ® ~µWT1{~J~_{L--J~~_'{~L-.THL OAKLAND ® ® ® W~111L PARK COLUMBUS ® ® Q®~ r ui rnrn ® ® W_LJ_LW xERxes WASHBURN VINCENT UPTON THOMAS SHERIDAN RUSSELL QUEEN PENN OLIVER NEWTON MORGAN LOGAN KNOX JAMES IRVING HUMBOLDT GIRARD FREMONT EMERSON DUPONT COLFAX BRYANT ALDRICH LVNDALE GARFIELD HARRIET GRAND PLEASANT PILLSBURY WENTWORTH BLAISDELL NICOLLET 1st STEVENS 2ntl 3rtl C LINTON 4th 5th PORTLAND OAKLAND PARK COLUMBUS CHICAGO ELLIOT 10th 11N 12th 13th 14th 15th BLOOMINGTON 16th 17th 18th CEDAR n ^ ^ O ^ ^ i 0 ~i ^ ^ /A~\ \i- ^ ^ ^ -~--° a N .. s s s ~~ WSB ~ Assoc- Infrastructure ^ Engineering ^ Planning ^ Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 ~ Fax: 763-541-1700 Memorandum To: Mike Eastling, City of Richfield Kristin Asher, City of Richfield From: Pete Willenbring, PE WSB & Associates, Inc. Date: September 1 S, 2009 '~ Re: Scope of Work Associated with Development of Final Concept Plan, Application for Permits, and Applications for Grant Funding to the Minnehaha Creek Watershed District for the Taft Lake /Legion Lake .Watershed Water Quality Improvement Project As requested, outlined below is a scope of work that outlines the activities needed to develop an agreed upon concept plan and secure whatever funding can be obtained from the Minnehaha Creek Watershed District for the implementation of the Taft Lake /Legion Lake Watershed Water Quality Improvement Project. A listing of the tasks that need to be completed in order to accomplish this work is provided below: Task 1: Collect /Analyze Background Information As part as this task, currently available information for areas in and around Taft Lake, Legion Lake, Mother Lake, Norby's Pond, and Milners Pond will be collected. Recently developed TMDL information along with information on underground utilities will also be obtained. Soil borings will also collected in selected locations to determine the suitability of constructing infiltration and/or irrigation BMPs in selected areas. The data that is collected then be reviewed and analyzed so that a more complete preliminary concept plan can prepared. The cost for soil borings will be an extra cost to this scopeof work. Task 2: Develop Preliminary Concept Plan Utilizing the information provided in Task 1, the concept plan for the Taft Lake /Legion Lake Water Quality Improvement Project that is currently available will be updated to reflect the new information collected as part of Task 1. As part of this updated plan, updated information on requirements for volume reduction and phosphorus removal and updated sizing and cost estimates for BMP construction will be incorporated into the plan. Task 3: Hold Meetings with Stakeholders As part as this task, it is anticipated that meetings will be held with the following stakeholders: • Minnehaha Creek Watershed District Staff and Board Members (three meetings). • Richfield Community Services Commission and/or Council (two meetings). Minneapolis ^ St. Cloud Equal; Opportunity Employer ~ ~~-3 Mike Eastling, City of Richfield Kristin Asher, City of Richfield September 15, 2009 Page 2 • Engineering Department staff (three meetings). • Richfield Water Treatment Plant personnel (one meeting). • City of Minneapolis (two meetings). • Metropolitan Airport Commission staff (two meetings). • Richfield Parks Department (two meetings). • Richfield Community Development staff (one meeting). • Richfield residents to discuss considerations relating to the project (two meetings). It is anticipated that as a result of the above meetings, comments, permit requirements, long-term operational concerns, potential terms for joint powers agreements, monitoring requirements, and future requirements for development and 'redevelopment in the area will be generally understood. Task 4: Develop Final Concept Plan /Cost Estimate Based on the information collected as part of Tasks 1-3, a final concept plan will be prepared that incorporates the input provided by the stakeholders. As part of this final concept plan development, an estimated cost for construction will also be developed. This effort will also include the development of graphics that would assist us in presenting this information to non- technical stakeholders /residents so the components of the project can be more easily understood by all. Task 5: Prepare Design Memorandum 7 Operational Plan As part of this activity, a design memorandum /operational plan will be develop for the BMPs associated with the Taft Lake /Legion Lake Watershed Water Quality Improvement Project. The operational plan will highlight anticipated operation and maintenance activities that will need to be performed on a routine basis, identify sampling and/or other monitoring activities that will be necessary, and highlight how the operation of the system will be integrated into future permit requirements that may be dictated by the Minnehaha Creek Watershed District. It is anticipated that two meetings will be held with City staff and/or stakeholders to review this information and make adjustments to the plan as deemed necessary. Task 6: Submit Concept Plan and Related Design Information to Appropriate Agencies for Review and Permits The information prepared in previous tasks will be utilized to develop a formal permit application to appropriate agencies for review and potential approval. A limited amount of time has also been provided as part of this task to respond to comments provided by the permitting agencies that may allow for an early permit to be secured for the project. It is anticipated that upon completion of this task, formal permits may not be obtained, but the City will have a clear perspective on the anticipated permit requirements and be able to clearly understand the benefits that can be assigned to the operation of this system as it relates to redevelopment in the watershed. Minneapolis ^ St. Cloud Equal, Opportunity Employer Mike Eastlin Cit of Richfield ~ G / g~ y Kristin Asher, City of Richfield ' September 15, 2009 Page 3 Task 7: Submit Formal Request to Minnehaha Creek Watershed District for Grant Funding As part of this task, a package will be prepared, with input from MCWD staff that will outline a cost share approach to implementing this project. It is anticipated that three meetings will be held with the Minnehaha Creek Watershed District staff and/or Board to discuss, further developed, and refine the application. Task 8: Develop Final Design Memorandum of Understanding Based on the collective input received from stakeholders involved in the above process, a final design memorandum of understanding will be prepared that summarizes the perspective of the permitting agencies, the extent to which grant funds should be available for the project who will assist in funding the project, the extent to ,which these improvements can be used in lieu of on- site BMPs, and a relatively detailed description of the improvements to be constructed. Time has also been allocated within this task to allow for the preparation of up to three individual memorandums of understanding that only reflect considerations specific to the Minnehaha Creek Watershed District, the City of Minneapolis, and Metropolitan Airports Commission. Minneapolis ^ St. Cloud Equal. Opportunity Employer s~ G"~ Estimate of Cost Associated with the City of Richfield Activities Relating to Completion of this Study Approximate Task Estimated Hours Billing Rate Subtotal eBc~ch°,r6u~id 1. Collect / Etta/i'; , Ittforf~rafi~~n . Principal 8 $134 $1,072 Project Manager 0 $112 $0 Graduate Engineer 16 $76 $1,216 GIS Specialist 12 $68 $816 Subtotal 36 $3,104 Z. DPPC10~ PrL'IIIlIIl1Qr-' COiICC'~f PIQ71 Principal 8 $134 $1,072 Project Manager 8 $112 $896 Graduate Engineer 8 $76 $608 CAD Technician 8 $68 $544 GIS Specialist 16 $68 $1,088 Subtotal 48 $4,208 3r Nnltl~Rlc~tix.c ~t~itle Stnkelioldc~rs Principal 80 $134 $10,720 Project Manager 0 $112 $0 Graduate Engineer 80 $76 $6,080 CAD Technician $68 $0 GIS Specialist $68 $0 Subtotal 160 $16,800 _. 4.--e~~elo1~ Final Core°e~tPla~r~Cost' -- , , - E.57iarate " _ Principal . __ _ 24 _ $134 $3,216 Project Manager 16 $112 $1,792 Graduate Engineer 0 $76 $0 GIS Specialist 8 $68 $544 Subtotal 48 ~S, SS2 i. Prennre Desi it --~ 11e~ru~rhn~luinsi'QperiitionnlPlrr~t ~ ~ ~ ~ _ ~~ Principal 8 $134 $1,072 Project Manager 0 $112 $0 Graduate Engineer 24 $76 $1,824 CAD Technician 8 $68 $544 GIS Specialist $68 $0 Subtotal 40 $3,440 C:\Documents and Settings\KAsher\Local Settings\Temporary Internet Files\OLK42\Cost Estimate richfield.xls 'T~'f~ Estimate of Cost Associated with the City of Richfield Activities Relating to Completion of this Study 6. Suhiirit Con~~pt Pln~l rur~l`Relutc~~l _ Desi~irlirfiiriiafiofr tq.4p~lconri~~te. :~y6'71CIC'S"fOPR~PI'IPIt'`Clil(~PC'/'/illtS Principal 8 $134 $1,072 Project Manager 16 $112 $1,792 CAD Technician 8 $76 $608 GIS Specialist 8 $68 $544 Subtotal 40 $4, 016 7.Srlbi>tif Foztrlal~.Re~ziesf'to,Aliilitelr~rlrn:~ Creep- jt ~~terclre~l District for. Grcrnf FUII (ll ih Principal 8 $134 $1,072 Project Manager 8 $112 $896 Graduate Engineer 16 $76 $1,216 CAD Technician 16 $68 $1,088 GIS Specialist 4 $68 $272 Subtotal 52 $4,544 ~4. Deg°elop Frn~rl Desi; it 41e~u~~ra~rc~riin Of Z'i1C1+eF'StQI1C~Jih ~~. Principal 40 $134 $5,360 Project Manager 0 $112 $0 Graduate Engineer 32 $76 $2,432 CAD Technician $68 $0 GIS Specialist $68 $0 Subtotal 72 $x,792 ESTI 1 I ~TED~~PRO.IEC'T flO[S &- '= ~ ~ '~ -h ~ ~ ~54~:4.~~. C:\Documents and Settings\KAsher\Local Settings\Temporary Internet Files\OLK42\Cost Estimate richfield.xls `~~ -7 w- //~~ ~ & Assoc Infrastructure ^ Engineering ^ Planning ^ Construction Memorandum To: Mike Eastling, City of Richfield Kristin Asher, City of Richfield From: Pete Willenbring, PE WSB c~ Associates, Inc. Date: September 1 S, 2009 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Re: Scope of Work Associated with Development of Final Concept Plan, Application for Permits, and Applications, for Grant Funding to the Nine Mile Creek Watershed District for the Adams Hill Pond and Southwest Watershed Water Quality Improvement Project As requested, outlined below is a scope of work that outlines the activities needed to develop an agreed upon concept plan and secure whatever funding can be obtained from the Nine Mile Creek Watershed District (NMCWSD) for the implementation of Improvements tributary to this watershed from the City of Richfield. A listing of the tasks that need to be completed in order to accomplish this work is provided below: Task 1: Collect /Analyze Background Information As part as this task, currently available information for areas in the Adams Hill pond watershed and the Southwest Watershed will be collected. TMDL information for Nine Mile Creek along with information on underground utilities. will also be obtained. Soil borings will also collected in selected locations to determine the suitability of constructing infiltration and/or irrigation BMPs in selected areas. The data that is Collected then be reviewed and analyzed so that a more complete preliminary concept plan can prepared. The cost for soil borings will be an extra cost to this scope of work. Task 2: Develop Preliminary Concept Plan Utilizing the information provided in Task 1, a concept plan for an Adams Hill Pond and Southwest Watershed Improvement Project will be developed. As part of this plan, information on requirements for volume reduction, phosphorus and other pollutant removal parameters, and sizing and cost estimates for BMP construction will also be developed. Task 3: Hold Meetings with Stakeholders As part as this task, it is anticipated that meetings will be held with the following stakeholders: Nine Mile Creek Watershed District Staff and Board Members (three meetings). Richfield Community Services Commission and/or Council (two meetings). Engineering Department staff (three meetings). Minneapolis ^ St. Cloud Equal Opportunity Employer ~E-8 Mike Eastling, City of Richfield Kristin Asher, City of Richfield September 15, 2009 Page 2 • Richfield Water Treatment Plant personnel (one meeting). • City of Edina (two meetings) • Richfield Parks Department (two meetings). • Richfield Community Development staff (one meeting). • Richfield residents to discuss considerations relating to the project (two meetings). It is anticipated that as a result of the above meetings, comments, permit requirements, long-term operational concerns, potential terms for joint powers agreements, monitoring requirements, and future requirements for development and redevelopment in the area will be generally understood. Task 4: Develop Final Concept Plan /Cost Estimate Based on the information collected as part of Tasks 1-3, a final concept plan will be prepared that incorporates the input provided by the stakeholders. As part of this final concept plan development, an estimated cost for construction will also be developed. This effort will also include the development of graphics that would assist us in presenting this information to non- technical stakeholders /residents so the components of the project can be more easily understood by all. Task 5: Prepare Design Memorandum /Operational Plan As part of this activity, a design memorandum /operational plan will be develop for the BMPs associated with the Project. The operational plan will highlight anticipated operation and maintenance activities that will need to be performed on a routine basis, identify sampling and/or other monitoring activities that will be necessary, and highlight how the operation of the system will be integrated into future permit requirements that may be dictated by the Nine Mile Creek Watershed District. It is anticipated that two meetings will be held with City staff and/or stakeholders to review this information and make adjustments to the plan as deemed necessary. Task 6: Submit Concept Plan and Related Design Information to Appropriate Agencies for Review and Permits The information prepared in previous tasks will be utilized to develop a formal permit application to appropriate agencies for review and potential approval. A limited amount of time has also been provided as part of this task to respond to comments provided by the permitting agencies that may allow for an early permit to be secured for the project. It is anticipated that upon completion of this task, formal permits may not be obtained, but the City will have a clear perspective on the anticipated permit requirements and be able to clearly understand the benefits that can be assigned to the operation of this system as it relates to redevelopment in the watershed. W:UichfieldlMEMO-SOW NMCWSD-091509.doc nT~'~ Mike Eastling, City of Richfield Kristin Asher, City of Richfield September 15, 2009 Page 3 Task 7: Submit Formal Request to Nine Mile Creek Watershed District for Grant Funding As part of this task, a package will be prepared, with input from NMCWSD staff that will outline a cost share approach to implementing this project. It is anticipated that three meetings will be held with the Nine Mile Creek Watershed District staff and/or Board to discuss, further developed, and refine the application. Task 8: Develop Final Design Memorandum of Understanding Based on the collective input received from stakeholders involved in the above process, a final design memorandum of understanding will be prepared that summarizes the perspective of the permitting agencies, the extent to which grant funds should be available for the project who will assist in funding the project, the extent to which these improvements can be used in lieu of on- site BMPs, and a relatively detailed description of the improvements to be constructed. Time has also been allocated within this task to allow for the preparation of two individual memorandums of understanding that only reflect considerations specific to the Nine Mile Creek Watershed District, and the City of Edina. W:\richfield\MEMO-SOW NMCWSD-091909.doc ~E-io Estimate of Cost Associated with Activities Relating to Completion of this Study Approximate Task Estimated Hours Billing Rate Subtotal 1. Collect /<~jhy~,e Back; rvrrnd ~ ~ rs~ Iitformatton ~ _ Principal 8 $134 $1,072 Project Manager 0 $112 $0 Graduate Engineer 16 $76 $1,216 GIS Specialist 12 $68 $816 Subtotal 36 $3,104 2. Develop Prelirnirr«r_~~ CorrcePf Plart _ Principal 8 $134 $1,072 Project Manager 8 $112 $896 Graduate Engineer 8 $76 $608 CAD Technician 8 $68 $544 GIS Specialist 16 $68 $1,088 Subtotal 48 $4,208 ' b _ -ehvl~lers . 3. Hold-Me~titras tit~itlt Stak,. _ Principal 72 $134 $9,648 Project Manager 0 $112 $0 Graduate Engineer 72 $76 $5,472 CAD Technician $68 $0 GIS Specialist $68 $0 Subtotal 144 $15,120 4. Derelo~ Fifr~~l Concept Plan/Cost ~'' ~ ' ~~~"~~" Estitnat~ _" _..- - - Principal 24 $134 $3,216 Project Manager 16 $112 $1,792 Graduate Engineer 0 $76 $0 GIS Specialist 8 $68 $544 Subtotal 48 $5,552 5. Prepare Desi; rt ~ ~~. ~ ~ __ ~ ~~,~ ~ Mentorkndirr~rs/O~rerativrzal.;Playz - - ~ " ~_ Principal 8 $134 $1,072 Project Manager 0 $112 $0 Graduate Engineer 24 $76 $1,824 CAD Technician 8 $68 $544 GIS Specialist $68 $0 Subtotal 40 $3,440 W:4ichfield~Cost Estimate NMCWSD-richfield.xls ~E-ll Estimate of Cost Associated with Activities Relating to Completion of this Study (.,~trhtnit~Colz~~~t;~Plutr u~rr/IZcI(~ted ~ ~ :.d Desigir:Iltforni~tion to;4ppropriate 4;encies for Kettt~ifiPernrlts ~,~ ~ ~ '~~ ,° ~ ~.~~`~' Principal __ 8 _ $134 $1,072 Project Manager 16 $112 $1,792 CAD Technician 8 $76 $608 GIS Specialist 8 $68 $544 Subtotal 40 $4,016 F 7"Sl[hill[t~~ ~~ LIL~SttQNllte~ ~ _ ~ ~ ~ _._ - ~'Teeli j; QtPTJIZ° ,l, ETICt fOT ~C(1llt ~ ~ ' Principal 8 $134 $1,072 Project Manager 8 $112 $896 Graduate Engineer 16 $76 $1,216 CAD Technician 16 $68 $1,088 GIS Specialist 4 $68 $272 Subtotal 52 $4,544 8. br?t~elop ~'iiial Desi~'~t~l~fet~rorandu~!`~~~ `- "'i €'N: ~'~ 1 p of Understnri~fin - ~ -~ ~ ~, ;~~- - Principal 40 $134 $5,360 Project Manager 0 $112 $0 Graduate Engineer 24 $76 $1,824 CAD Technician $68 $0 GIS Specialist $68 $0 Subtotal 64 $7,184 ESTI~I~4ED~~~G~ 11, " ~ u W:VichfieldtCost Estimate NMCWSD-nchfield.xls AGENDA SECTION: AGENDA ITEM # REPORT # r STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 22, 2009 PDBLIC HEARING 191 REPORT PREPARED BY: CHRIS LINK, OPERATIONS MANAGER STREETS/FORESTRY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consider establishing a street light fee to be charged to residential and commercial property for the o eration of a street li htin s stem. RECOMMENDED ACTION: Continue and close the public hearing and by motion: Approve the attached resolution establishing a street light fee, with or without a sunset provision, to be charged to residential and commercial property in the City of Richfield for the operation of a street lighting II. BACKGROUND Study Session on Service Fees At the February 24, 2009 Council Study Session, the City Council reviewed service fee options in response to cuts in State Aid and directed the staff to move forward with the implementation of a street light user fee. The proposed fee could be used to recover the City's annual costs relating to operating the street light system. Street Light Fee Advanced At the July 28, 2009 Council Meeting, Council approved a Street Light Implementation Schedule and scheduled a public hearing for September 8, 2009. The City Council opened the hearing at the September 8, 2009 meeting, received comments and continued the hearing until the September 22, 2009 meeting. Staff was directed to provide further information on street light operating costs. 092209StreetLightFee Rate Structure From 1995 City staff is proposing to use the same rate structure as was used in 1995. All single family residential properties pay the same rate. Residential and commercial properties pay the same rate per acre assuming 5 residential lots per acre. Schools and churches are charged 25% of the commercial rate due to the large land parcels that do not have streets and streets lights on the interior of the property. Recovering Operating Costs At the September 8, 2009 Council Meeting, City staff discovered a budgeting error and recommended using $316,620 (adjusted down from $338,780), line item 10610-6207 Utility charges from the 2009 Street Division budget for the amount to be collected by the proposed street light fee. As stated in the September 8, 2009 staff report, this amount represents the "approximate estimated annual electrical costs". City ordinance Section 825 allows for service fees to collect costs for "operations". With the uncertainty regarding the actual street light electrical costs, staff indicated to the Council that a thorough review of past electrical bills and associated costs would be performed prior to the September 22, 2009 Council meeting. Accounting staff reviewed this data on a month, by month basis for 2007, 2008 and year to date 2009 to ensure accuracy. The results of that review are presented in the following comparison of past operating costs and estimated future operating costs for the street lighting system: Street Maintenance Budget 2007 2008 2009* 2010* 10610 Actual Actual Bud et Bud et Portion of Line Item -6207 $232,071.89 $233,177.46 $234,000.00 $241,020.00 Electrical Costs For Street Lights Only 10610-6209 Maintenance Items $26,441.85 $21,194.60 $28,840.00 $29,705.20 (Bulbs, Ballast's, Photoeyes, etc.) Labor Costs $23,423.45 $24,126.15 $24,849.93** $24,849.93** Equipment Costs $13,274.25 $13,672.48 $14,082.65** $14,082.65** Administration Support $7,418.64 $7,559.73 $7,786.52** $7,786.52** *The amounts for the budget years 2009 and 2010 are anticipated costs. Xcel Energy is anticipating a 2% rate increase in 2010. **There will be a 0% increase in labor charges in 2010. City/Xcel Cost Comparison The monthly charge for a typical City owned 100 watt street light (such as those found on most north/south Avenues) is $2.00 for power only. The monthly charge for an Xcel owned 100 watt street light (such as those found on most east/west Streets) is $9.30. The $7.30 difference is for Xcel operation and maintenance costs. Proposed Fee ' Using a base fee for residential homes of $5.19 per quarter, commercial property is then charged $25.95 per acre. Staff estimates that this rate generates sufficient funds to cover the cost of electrical for street lights and the costs of replacement bulbs, ballasts, etc. for a total of approximately $270,725. This does not include other associated labor, equipment and administrative costs. These associated costs are covered by the monies that will be collected by the proposed property tax levy. So, in essence, collecting a fee for the electrical and light equipment such as bulbs and ballasts, etc. should make the City "whole" with respect to required revenues. The 2010 proposed expenditure budget will be reduced in an amount to reflect the reduction in revenues that will be collected through the street light user fees. Keep in mind that the proposed fee is the best estimates of the costs and the revenues that will be generated. Once the fee has been in place for a year, staff will be in a far better position to ascertain precisely how much revenue is actually generated by the new street light user fees. Sunset. Date At their September 8, 2009 meeting, the City Council discussed the possibility of a sunset date. Item 4 in the attached resolution has a sunset provision for City Council consideration. ~ III. BASIS OF RECOMMENDATION A. POLICY • Minnesota State Statues, Section 429.101 the governing body of a municipality may charge for certain current services provided by the municipality including the operation of a street lighting system. City Ordinance Section 825 is consistent with state statute. B. CRITICAL ISSUES • Cuts in State Aid have forced cities to pursue alternative funding sources to maintain current services. C. FINANCIAL • The estimated revenue(s) generated from a proposed user fee of $5.19/quarter is approximately $270,275. • The fee will be collected on the Utility bill as a separate line item. D. LEGAL • The City Attorney will be available to answer questions. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S~ • The Council may choose not to continue consideration of a street light user fee. • The .Council may choose to impose a different rate than the one offered by staff. V. ATTACHMENTS • Resolution • Street Light User Fee Rate Factors Sheet • Map of typical Residential and Commercial blocks. • Public Hearing Comments VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None Expected - 6-~ RESOLUTION NO. RESOLUTION ESTABLISHING A STREET LIGHT FEE TO BE CHARGED TO RESIDENTIAL AND COMMERCIAL PROPERTY IN THE CITY OF RICHFIELD FOR THE OPERATION OF A STREET LIGHTING SYSTEM. WHEREAS, the City of Richfield community values the operation of a street lighting system; and WHEREAS, every property in the City, residential and commercial, benefits from good streets which are well lighted and maintained through a city street light system; and WHEREAS, pursuant to Minnesota State Statues, Section 429.101 and Richfield City Code, Section 825, the governing body of a municipality may charge for certain current services provided by the municipality including the operation of a street lighting system. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: Every property in the City of Richfield, residential and commercial, .benefits from streets which are well lighted and maintained. 2. The initial Street Light User Fee for residential single family property is $5.19 per quarter for residential property. Rates for other land uses will be determined by the attached street Light User Fee Rate Factors Sheet. 3. The rates for the Street Light User Fee will be reviewed and established annually as part of the City's budget preparation process. 4. The collection of the Street Light User Fee will "sunset" in three years, December 31, 2012, unless council action is taken to reinitiate the fee. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of September, 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 092209StreetLightFee ~~ Street Light User Fee RATE FACTORS SHEET Fees are based on Land Use Land Use Titles: COM -All commercial properties, to include multifamily residents (apartments) and industrial parcels. RES -All residentially coded parcels. PUB -Public buildings, i.e. City Hall, City Garage; and Fire Stations CHURCH -All Churches also to include cemeteries and activity buildings associated with a Church SCH -All schools, to include private and public schools. PRK -All parks owned by the City of Richfield, also to include Nature Centers and all "properties" located within city park parcels DPLX -Addresses that split a residential lot, to include townhomes, 3-plexes, and 4- plexes. LAND USE CODE MULTIPLIER To Bill FACTOR COM (acres>0.2) 5* (5 x ACREAGE) if acres__<0.2 ---- 1 RES ---- 1 PUB (acres>0.2) 5 (5 x ACREAGE) if acres <_0.2 ---- 1 CHURCH (acres>0.2) 1.25** (1.25 x ACREAGE) if acres <_0.8 ---- 1 if acres <_0.2 ---- 1 SCH (acres>0.2) 1.25 (1.25 x ACREAGE) if acres 50.8 ---- 1 if acres <_0.2 ---- 1 PRK 1.25 1.25 x ACREAGE DPLX ---- 0.5 * The multiplier of "5" is based on the definition that a residential lot is 1 /5 of an acre; hence multiplying acreage by 5 produces the equivalent number of residential lots. '~* The multiplier of "1.25" " is based on the definition that a residential lot is 1/5 of an acre and multiplying acreage by 5 produces the equivalent number of residential lots. However, the total area of each parcel is not proportional to the number of street lights in an equivalent residential area so the factor of 5 is reduced by 75%, producing 1.25. 1 ACRE 5 RESIDENTIAL L®TS 5 STREETLIGHT USER FEES COMMERCIAL ONE TYPICAL COMMERCIAL CITY BLOCK 1 ACRE 5 STREETLIGHT USER FEES (p'~ ~ RESIDENTIAL ONE TYPICAL RESIDENTIAL CITY BLOCK ~ -`~ CITY OF RICHFIELD Memorandum DATE: September 22, 2009 TO: City Council FROM: Chris Link, Operations Manager Streets/Forestry SUBJECT: Comments on Street Light User Fee There have been two residents that have commented on the proposed Street Light User Fee. They are as follows: Email: Kent Karnick 7214 Park Avenue "I am providing feedback on the street light fees. I am opposed to any fees to cover the cost of the street lights. This basically comes down to additional taxes. One way to reduce the electrical cost is to not have on all of the street lights we currently have. Do they all need to be on? Are there too many lights?" Thank you for your time. Public Hearing on September 8, 2009: Andy Hartle 6332 17th Avenue Resident questions the need for the fee and suggested it be placed on the property taxes so it can be deducted.