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09-11-2018 Complete AgendaS P E C IAL C IT Y C O U N C IL W O R K S E S S IO N R IC H F IE L D MU N IC IPAL C E N TE R, B AR TH O LO ME W R O O M S E P T E MB E R 11, 2018 5:15 P M C all to order 1.Review and approval of a position profile for the C ity Manager recruitment. A djournment 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. CITY OF RICHFIELD, MINNESOTA Office of City Manager September 6, 2018 Council Memorandum No. 68 The Honorable Mayor and Members of the City Council Subject: Approval of Position Profile for City Manager Search Council Members: At a special City Council work session September 11, 2018, at 5:15 p.m., Richfield Fursman of Huelife will present the positon profile for the City Manager recruitment. This will be an opportunity to make final edits and approve the profile, in order for the recruitment to begin on September 12. Please contact Jared Voto, Executive Aide/Analyst , at 612-861-9701 with questions. Respectfully submitted, Steven L. Devich City Manager SLD:jjv Email: Assistant City Manager Department Directors S P E C IAL C O N C U R R E N T C IT Y C O U N C IL AN D P L AN N IN G C O MMIS S IO N W O R K S E S S IO N R IC H F IE L D MU N IC IPAL C E N TE R, B AR TH O LO ME W R O O M S E P T E MB E R 11, 2018 6:00 P M C all to order 1.I-494: A irport to 169 project A djournment 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. CITY OF RICHFIELD, MINNESOTA Office of City Manager September 6, 2018 Council Memorandum No. 69 The Honorable Mayor and Members of the City Council Subject: I-494: Airport to 169 Project Council Members: Andrew Lutaya, MnDOT West Area Engineer, will be presenting on the I -494: Airport to 169 Project at the upcoming concurrent City Council and Planning Commission work session on September 11, 2018, at 6 p.m. The presentation, which is attached, will provide an overview of the project and timeline. City staff expects future meetings in which major issues such as surface water management and local access impacts will be discussed in greater detail. Please contact Kristin Asher, Public Works Director, at 612 -861-9795 with questions. Respectfully submitted, Steven L. Devich City Manager SLD:sjk Attachment Email: Assistant City Manager Department Directors I-494: Airport to 169 MnDOT Metro District Andrew Lutaya, P.E. | West Area Engineer Agenda 1.Project Location & Overview A.Scope/Goals B.Project Budget 2.Project Structure A.Teams/Committees B.Engagement Strategy 3.Schedule Overview 4.Environmental Document Clearance 5.Traffic Management Planning 6.Other Considerations A.Segmentation for Construction 7.Current Project Risks 9/4/2018 2 I-494: Airport to 169 | mndot.gov/ Project Location & Overview 9/4/2018 3 I-494: Airport to 169 | mndot.gov/ Primary goal is to provide long-term and sustainable solutions for all highway users Current Needs Address deficient bridges and pavement conditions Increase mobility Improve travel time reliability Maintain/improve transit advantages Project Budget Funded $205M Corridors of Commerce Funding $20M (FY 2023) Pavement (MN River to 24th) Unfunded needs (thus far) $50M Pavement Rehab (btn 24th and TH 100) $20M for bridges (12th, Portland, Nicollet) Drainage System upgrade Project Development Structure 9/4/2018 4 Project Team Project Team West Area Manager West Area Engineer MnDOT Resident Engineer Senior Engineer Strategic Engagement Coordinator Public Affairs Coordinator Consultant Team Lead Public Engagement Team Governor’s Office MPCA Dep. Human Rights Dept. Natural Resources MMB FHWA Div Administrator Metropolitan Council Chair Metro Transit GM-Transit HC Asst. Administrator-Public Works MnDOT Commmisioner MnDOT Deputy Commissioner Metro District Engineer MnDOT Chief of Staff MnDOT Govt. Affairs MnDOT Office of Communications Project Management Team Stakeholder Committee Community Noise Advisory Groups Technical Advisory Committee Policy Advisory Committee Metro District Engineer Sen Melisa Franzen Sen Melissa Halvorson Wiklund Sen Patricia Torres Ray Rep Jean Wagenius Rep Linda Slocum Rep Paul Rosenthal Henn. Co Commissioner McLaughlin Henn. Co Commissioner Goettel Henn. Co Commissioner Callison Area City Council Reps MnDOT Functional Groups Project Team CoC Executive Team Lead: Dept Commissioner Policy Advisory Committee Lead: District Engineer Sub Cabinet Committee Lead: MnDOT Commissioner Metro Senior Leadership Lead: District Engineer Project Management Team Project Team Reps FHWA Division Reps Metro Transit Hennepin County Director Local City Public Work Directors I-494 Coalition 35W Solutions Alliance Mall of America Metropolitan Airport Commission Technical Advisory Committee Project Team Reps FHWA Area Engineer Transit Services Reps County Engineering Rep Local City Engineering Reps Consultant Team Stakeholder Outreach Business / Commerce Chambers Local Neighborhood Groups Local Churches, Schools, Coalition Groups HC public services, Freight, MOA, MAC, Port of Savage Sub Cabinet Committee I-494: Airport to 169 | mndot.gov/ Project Development Schedule 9/4/2018 5 Milestone Estimated Completion Selection of Preferred Build Alternative * January 2019 Construction Limits/Begin R/W Acq. April 2019 Develop Phasing of Full Build Vision April 2019 Municipal Consent August 2019 FONSI – Approve Environmental Assessment* October 2019 Possible Award of Early Work Packages (DB) April 2020 Final Plan Design Development completion September 2021 R/W Acquisition Complete & Agreements October 2021 Construction of Highway Expansion Project January 2022 – December 2023 * FHWA Concurrence Points DB – Design Build Project delivery method I-494: Airport to 169 | mndot.gov/ Environmental Assessment Process 9/4/2018 6 1.Develop Purpose & Need 2.Evaluation Criteria 3.Determine Study Area & Logical Termini 4.Finalize Purpose & Need based on Public Input 5.Develop alternatives that meet Purpose & Need 6.Select Preferred Alternatives & develop EA 7.FONSI Project Management Team Technical Advisory Committee MnDOT Functional Groups Consultant Team Stakeholder Outreach Policy Advisory Committee Metro Senior Leadership Stakeholder Outreach Stakeholder Outreach Project Management Team Technical Advisory Committee CoC Executive Team Policy Advisory Committee Sub Cabinet Committee Policy Advisory Committee Community Noise Advisory Groups CoC Executive Team Policy Advisory Committee Project Management Team Metro Senior Leadership Project Management Team MnDOT Functional Groups Consultant Team Concurrence Points & Public Engagement Plan I-494: Airport to 169 | mndot.gov/ Look Ahead Schedule •September •Draft Purpose and Need * •Draft Alternative Evaluation Criteria * •Study Area and Logical Termini * •October •Final Purpose and Need * •Final Alternative Evaluation Criteria •ADA Scoping •November •Draft Alternatives That Meet Purpose and Need * 9/4/2018 7 * FHWA Concurrence Point I-494: Airport to 169 | mndot.gov/ Look Ahead Schedule •September •Draft Purpose and Need * •Draft Alternative Evaluation Criteria * •Study Area and Logical Termini * •October •Final Purpose and Need * •Final Alternative Evaluation Criteria •ADA Scoping •November •Draft Alternatives That Meet Purpose and Need * 9/4/2018 8 * FHWA Concurrence Point I-494: Airport to 169 | mndot.gov/ Traffic Management Planning 9/4/2018 9 I-494: Airport to 169 | mndot.gov/ Planned South West Metro MnDOT Projects (CHIP) Segmentation for Construction 1.No reduction of capacity on mainline I-494 before 2022 2.Potential multiple lettings/early work packages Replacing 12th Ave, Portland Ave, Nicollet Ave, RR Bridges Part of Phase 1 - 35W/494 Reconstruction to align with Metro Transit’s Orange Line Knox Avenue Underpass project Utilities Relocation 3.Multiple Project Delivery Methods Design-Build (DB) Design-Bid-Build (DBB) Construction Manager/General Manager (CM/GC) I-494: Airport to 169 | mndot.gov/ 9/4/2018 10 Currently Identified Project Risks 1.Right of Way Storm runoff treatment – 2014 Study estimated $105 Million for ponding Corridor Expansion – Adding lanes in each direction I-35W/494 Interchange – Accommodate additional ramps 2.Drainage Accommodations Existing system is over capacity – 2014 Study estimated $200 Million for system that avoids R/W purchase New impervious from highway expansion. 3.Environmental Assessment Approval MnPASS vs General Purpose Lane vs HOV Lane 4.Project Budget Other unfunded Infrastructure Needs i.e. Bridges, Pavement, etc Operational Limits of MnPASS 9/4/2018 11 I-494: Airport to 169 | mndot.gov/ Thank you! 9/4/2018 12 Andrew Lutaya, P.E 651-234-7563 R EG U LAR C IT Y C O U N C IL MEET IN G R IC H F IE L D MU N IC IPAL C E N TE R, C O U N C IL C H AMB E R S S E P T E MB E R 11, 2018 7:00 P M IN TR O D U C TO RY P R O C E E D IN G S C all to order Open forum (15 minutes maximum) E ach speaker is to keep their comment period to three minutes to allow sufficient time for others. C omments are to be an opportunity to address the C ouncil on items not on the agenda. I ndividuals who wish to address the C ouncil must have registered prior to the meeting. P ledge of A llegiance A pproval of the minutes of the: (1) S pecial concurrent C ity C ouncil and P lanning C ommission work session of A ugust 20, 2018; (2) S pecial concurrent C ity C ouncil, Housing and Redevelopment A uthority, and P lanning C ommission work session of A ugust 20, 2018; (3) S pecial C ity C ouncil work session of A ugust 21, 2018; (4) S pecial C ity C ouncil meeting of A ugust 21, 2018; (5) S pecial C ity C ouncil work session of S eptember 4, 2018; (6) S pecial C ity C ouncil meeting of S eptember 5, 2018. P R E S E N TATIO N S 1.Open S treets at P enn F est on S unday, S eptember 16 from 12-5 p.m. 2.B onnie P aulson, B loomington P ublic Health A dministrator 3.P roclamation declaring S eptember 9-15, 2018, as direct support professionals recognition week in the city of Richfield C O U N C IL D ISC U SSIO N 4.Hats Off to Hometown Hits AG E N D A APPR O VAL 5.A pproval of the A genda 6.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 on these items 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 .C onsideration of the adoption of resolutions pertaining to the annual Lyndale/HUB /Nicollet (L HN) maintenance assessment process and scheduling a public hearing for October 9, 2018. S taff Report No. 141 B .C onsideration of the adoption of resolutions pertaining to the annual 77th S treet maintenance district assessment process and scheduling a public hearing for October 9, 2018. S taff Report No. 142 C .C onsideration of the adoption of a resolution declaring costs to be assessed for removal of diseased trees from private property for work ordered in 2017 and scheduling a public hearing for October 9, 2018. S taff Report No. 143 D .C onsideration of the adoption of a resolution declaring costs to be assessed for current services performed for weed elimination from private property and removal or elimination of public health or safety hazards from private property. S taff Report No. 144 E .C onsideration of the adoption of a resolution declaring costs to be assessed for unpaid false alarm user fees against private property. S taff Report No. 145 F.C onsideration of the adoption of a resolution approving eligible deferral of special assessments against an owner occupied property. S taff Report No. 146 G.C onsideration of the adoption of a resolution designating the C ity's contribution towards health, dental, term life, and disability insurance premiums for 2019 for General S ervices, Management, F ire bargaining unit, P olice bargaining unit, S ergeant bargaining unit, and L ieutenant bargaining unit. S taff Report No. 147 H.C onsideration of the adoption of a resolution authorizing acceptance of Office of Traffic S afety (O TS ) funds for an extension on an original four-year grant to fully fund an officer and fully equipped squad car dedicated for D W I enforcement in Richfield. S taff Report No. 148 I.C onsideration of the approval of the 2018-2019 contract with the C ity of B loomington, using public health emergency preparedness grant funds distributed by a federal grant from the C enters for D isease C ontrol, to provide services in the area of public health emergency preparedness/bio-terrorism and the development of a response system. S taff Report No. 149 J.C onsideration of the approval of the continuation of an agreement with the C ity of B loomington for the provision of food inspection services for Richfield for 2019. S taff Report No. 150 K .C onsideration of the approval of a request for the temporary expansion of the licensed premises for D avanni's, located at 6345 P enn Avenue S outh, to allow for the outside service of strong beer on S unday, S eptember 16, 2018, in conjunction with Richfield's Open S treets at P enn F est event. S taff Report No. 151 L .C onsideration of the approval of a request for the temporary expansion of the licensed premises for Thompson's F ireside P izza, Inc., d/b/a F ireside F oundry, located at 6736 P enn Avenue S outh, to allow for the outside service of strong beer in their parking lot on S unday, S eptember 16, 2018, in conjunction with Richfield's Open S treets at P enn F est event. S taff Report No. 152 M.C onsideration of the approval of a Temporary On S ale Intoxicating L iquor license for the Richfield F oundation's Wine Tasting event to take place on Thursday, October 11, 2018, in the atrium area of Woodlake C enter, located at 6601 Lyndale Ave S outh. S taff Report No. 153 N.C onsideration of the approval of the first reading of an ordinance rezoning properties between Taft P ark and 65th S treet, and 16th Avenue and Richfield P arkway as P lanned Multi-F amily Residential (P MR). S taff Report No. 154 O.C onsideration of the approval of an A mendment to the A greement for Management S ervices with W heel F un Rentals, L L C to continue management services for Malt-T-Melt Mini-Golf. S taff Report No. 155 7.C onsideration of items, if any, removed from C onsent C alendar PR O P O S E D O R D IN AN C E S 8.C onsideration of the approval of the first reading of an ordinance adopting a new C ity C ode S ection 409 relating to the sale of affordable rental housing and establishing notice and relocation assistance requirements for new owners and scheduling a second reading on S eptember 25, 2018. S taff Report No. 156 R E S O L U T IO N S 9.C onsideration of the adoption of a resolution opposing the concept of allowing strong beer, spirits and wine to be sold, for off premise consumption, at any outlet other than the municipal liquor stores. S taff Report No. 157 O T H E R B U S IN E S S 10.C onsideration of the appointment of youth members to C ity advisory board/commissions. S taff Report No. 158 11.C onsideration of adoption of the 2018 Revised/2019 P roposed B udget resolutions adopting the 2019 preliminary property tax levy, setting truth in taxation hearing date, authorizing budget revisions, and authorizing revision of 2018 budget of various departments. S taff Report No. 159 C IT Y MAN AG E R’S R E P O R T 12.C ity Manager's Report C LAIMS AN D PAYR O L LS 13.C laims and P ayrolls Open forum (15 minutes maximum) E ach speaker is to keep their comment period to three minutes to allow sufficient time for others. C omments are to be an opportunity to address the C ouncil on items not on the agenda. I ndividuals who wish to address the C ouncil must have registered prior to the meeting. C LO SED EXEC U T IVE S E S S IO N 14.C losed S ession pursuant to Minnesota S tatutes, S ection 13D .05, S ubd. 3(c)(2) to discuss protected nonpublic appraisal data (classified pursuant to Minnesota S tatutes, S ection 13.44, S ubd. 3(a)) on the Motel 6 P roperty located at 7636 C edar Avenue S outh, Richfield, Minnesota, and a C losed S ession pursuant to Minnesota S tatutes, S ection 13D .05, S ubd. 3(b) for an attorney-client privileged discussion of the amount of the last written offer to be made pursuant to Minnesota S tatutes, S ection 117.031. R E S O L U T IO N S 15.C onsideration of the adoption of a resolution approving the 77th S treet Improvements F inal L ayout dated October 2017 and the use of eminent domain to acquire private property as required for the construction of the 77th S treet/Richfield P arkway P roject. 16.A djournment 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. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special Concurrent City Council and Planning Commission Work Session August 20, 2018 CALL TO ORDER The work session was called to order by Mayor Elliott at 6:00 p.m. in the Bartholomew Room. Council Members Pat Elliott, Mayor; Maria Regan Gonzalez; Edwina Garcia; Michael Howard; Present: and Simon Trautmann. Planning Commission Sean Hayford Oleary, Chair; Susan Rosenberg; Bryan Pynn; and Kathryn Members Present: Quam. Planning Commission James Rudolph; Daniel Kitzberger; and Allysen Hoberg. Absent: Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Melissa Poehlman, Assistant Community Development Director; and Julie Urban, Housing Manager. Item #1 HOUSING PROPOSAL AT 66TH STREET AND QUEEN AVENUE Assistant Community Development Director Poehlman introduced the developer and the project. Erik Winegarden and David Lundy of Broadway Investors LLC, the developer, made a brief presentation of three proposed project options and stood for questions. ADJOURNMENT The work session was adjourned by unanimous consent at 6:30 p.m. Date Approved: September 11, 2018 _____________________________ Pat Elliott Mayor _____________________________ ____________________________ Jared Voto Steven L. Devich Executive Aide/Analyst City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special Concurrent City Council, Housing and Redevelopment Authority and Planning Commission Work Session August 20, 2018 CALL TO ORDER The work session was called to order by Mayor Elliott at 6:33 p.m. in the Bartholomew Room. Council Members Pat Elliot; Mayor; Edwina Garcia; Michael Howard; Maria Regan Gonzalez; Present: and Simon Trautmann. HRA Members Mary Supple, Chair; Michael Howard; Sue Sandahl; Erin Vrieze Daniels; and Present: Pat Elliot. Planning Commission Sean Hayford Oleary, Chair; Susan Rosenberg; Bryan Pynn; and Kathryn Members Present: Quam. Planning Commission James Rudolph; Daniel Kitzberger; and Allysen Hoberg. Absent: Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Melissa Poehlman, Assistant Community Development Director; and Julie Urban, Housing Manager. Item #1 HOUSING PROPOSAL ON PORTLAND AVENUE BETWEEN 66TH AND 67TH STREETS Housing Manager Urban introduced the project and the developer. Victoria Perbix, Interstate Development, presented an affordable family housing concept near the corner of 66th Street and Portland Avenue. She showed a site plan for the building and a rendering of the exterior. ADJOURNMENT The work session was adjourned by unanimous consent at 7:00 p.m. Special concurrent Council, HRA and Planning Commission Work Session Minutes -2- August 20, 2018 Date Approved: September 11, 2018 _____________________________ Pat Elliott Mayor _____________________________ ____________________________ Jared Voto Steven L. Devich Executive Aide/Analyst City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Work Session August 21, 2018 CALL TO ORDER The work session was called to order by Mayor Elliott at 6:15 p.m. in the Bartholomew Room. Council Members Pat Elliott, Mayor; Edwina Garcia; Maria Regan Gonzalez; and Simon Present: Trautmann. Council Members Michael Howard. Absent: Staff Present: Steven L. Devich, City Manager; Pam Dmytrenko, Assistant City Manager/HR Manager; Neil Ruhland, Media Coordinator; Jared Voto, Executive Aide/Analyst. Item #1 CITY BRANDING AND COMMUNICATION UPDATE Media Coordinator Ruhland presented on the City’s recent communication projects, Richfield’s lack of visual identity and use of different visual styles in publications, the branding process that included a taskforce of employee residents, and the proposed brand elements including personality, style, voice, color, typography, and logo usage. Council Members commented on the importance of communication and informing the public of what local government does. Council Members also discussed their thoughts and gave feedback on the proposed brand elements. Media Coordinator Ruhland shared the next steps that included sharing this with division managers, final tweaks, and updating materials, templates and writing style guide. ADJOURNMENT The work session was adjourned by unanimous consent at 6:56 p.m. Special Council Work Session Minutes -2- August 21, 2018 Date Approved: September 11, 2018 _____________________________ Pat Elliott Mayor _____________________________ ____________________________ Jared Voto Steven L. Devich Executive Aide/Analyst City Manager CALL TO ORDER The meeting was called to order by Mayor Elliott at 7:00 p.m. in the Council Chambers. Council Members Pat Elliott, Mayor; Maria Regan Gonzalez; Edwina Garcia; Simon Trautmann Present: and Michael Howard (arrived at 7:08 p.m.). Staff Present: Steven L. Devich, City Manager; Mary Tietjen, City Attorney; Pam Dmytrenko, Assistant City Manager/HR Manager; John Stark, Community Development Director; Julie Urban, Housing Manager; Russ Lupkes, Utilities Superintendent; Neil Ruhland, Media Coordinator; and Jared Voto, Executive Aide/Analyst. OPEN FORUM Chris Faint, 4815 Nicollet Avenue, Minneapolis, Richfield firefighter and Secretary of Firefighters Local 1215, spoke regarding Local 1215’s upcoming Fire Ops 101 event on Sunday, September 23, and invited city leaders to experience firsthand what fire fighters do on a daily basis. David Huss, 7028 Oak Grove Boulevard, spoke regarding concerns of the layout of the Lyndale Avenue reconstruction project and specifically a roundabout at 70th Street. He submitted letters to the City Council. Laurel Vasileiadis, 7020 Lyndale Avenue, spoke regarding opposition to the design of the Lyndale Avenue reconstruction project and negative impacts of the project. Pete Odegard, 7040 Oak Grove Boulevard, spoke regarding opposition to the design of Lyndale Avenue reconstruction project and roundabout at 70th and Lyndale. Bruce Anderson, 7052 Oak Grove Boulevard, thanked City Manager Devich for his service to the City of Richfield and spoke regarding opposition to a roundabout at 70th Street and Lyndale Avenue. Larry Koch, 471 Bighorn Drive, Chanhassen, and lawyer for Nola Wagner, spoke regarding opposition to the Lyndale Avenue reconstruction project and concern about his client’s access onto Lyndale Avenue near a roundabout at 70th Street. Mayor Elliott responded that staff will continue working on this with the residents. PLEDGE OF ALLEGIANCE CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Meeting August 21, 2018 Council Meeting Minutes -2- August 21, 2018 Mayor Elliott led the Pledge of Allegiance. APPROVAL OF MINUTES M/Howard, S/Regan Gonzalez to approve the minutes of the: (1) Special City Council work session of July 16, 2018; (2) Special concurrent City Council and Housing and Redevelopment Authority work session of July 16, 2018; (3) Special City Council work session of July 16, 2018; (4) Special City Council work session of July 24, 2018; (5) Special City Council work session of July 24, 2018; (6) Regular City Council meeting of July 24, 2018; and (7) Special City Council meeting of August 2, 2018. Motion carried 5-0. Item #1 COUNCIL DISCUSSION  Hats Off to Hometown Hits Council Member Regan Gonzalez spoke regarding youth advisory commissioners are being sought currently and invited youth to apply; and the 11th graders of Richfield High School were selected to attend a showing of the musical Hamilton and there is a GoFundMe page to help support the students and lower the cost of the tickets, search RHS Hamilton Field Trip to donate. Council Member Howard spoke regarding the great evening of Night to Unite; and the Governor’s Housing Task Force released their final report and the work Richfield has done on affordable housing. Mayor Elliott spoke regarding longtime Richfield resident Marc Jenkins’ being recently named a regents professor at the University of Minnesota and discussed his work in Richfield. Council Member Garcia spoke regarding September 4 is the first day of school and reminded people to be aware when driving; on August 22 Richfield Historical Society continues its series on the history of Richfield; the great night of Night to Unite; and recognized former council member Sue and Mike Sandahl in the audience. Council Member Trautmann spoke regarding Penn Fest on Sunday September 16 from 12-5 p.m. with entertainment and food trucks; and Wood Lake Nature Center’s Friends of Wood Lake membership drive is on-going and encouraged people to get a membership. Item #2 APPROVAL OF THE AGENDA M/Trautmann, S/Regan Gonzalez to approve the agenda. Motion carried 5-0. City Manager Devich stated that it was his understanding the Council had requested to remove Item D from the consent calendar and advised the Council to reapprove the agenda with this change. Council Meeting Minutes -3- August 21, 2018 M/Elliott, S/Trautmann to approve the agenda with Item 3.D. removed from the consent calendar. Motion carried 5-0. Item #3 CONSENT CALENDAR City Manager Devich presented the consent calendar. A. Consideration of the approval of Minnesota Department of Transportation lease agreement No. 27710 with Amendment #5 for continued use of excess land along I-494 next to the Best Buy Campus for a Metro Transit Park and Ride parking lot and transit station. (S.R. No. 131) B. Consideration of approval of the bid tabulation and award a contract to Visu-Sewer, Inc., for the 2018 Sanitary Sewer Rehabilitation Program in the amount of $368,904.20 and authorize the City Manager to approve contract changes under $100,000 without further City Council consideration. (S.R. No. 132) C. Consideration of the approval of the transfer of funds to close out the 76th Street West capital project fund. (S.R. No. 133) E. Consideration of the approval of a parking agreement with Kraus-Anderson Construction Company for non-exclusive use of the parking lot at Taft Park to park the personal vehicles of construction workers associated with the Chamberlain Housing Development. (S.R. No. 135) F. Consideration of the adoption of a resolution authorizing a three year interim use permit to allow temporary inventory storage of vehicles on a designated parking lot of the Church of St. Richard located at 7540 Penn Avenue. (S.R. No. 136) RESOLUTION NO. 11527 RESOLUTION APPROVING AN INTERIM USE PERMIT TO ALLOW TEMPORARY VEHICLE INVENTORY STORAGE AT 7540 PENN AVENUE SOUTH This resolution appears as Resolution No. 11527. G. Consideration of the approval of Subordination Agreements consenting to Environmental Covenants on Outlot B, Lyndale Garden Center redevelopment site (shoreline property). (S.R. No. 137) M/Elliott, S/Garcia to approve the consent calendar. Motion carried 5-0. Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR D. Consideration of the approval of an Amendment to the Agreement for Management Services with Wheel Fun Rentals, LLC to continue management services for Malt-T-Melt Mini-Golf. (S.R. No. 134) Council Member Trautmann asked to table this item in order to have the ability to review the agreement. He stated questions about the term of the agreement. Council Meeting Minutes -4- August 21, 2018 City Manager Devich stated that staff would meet with Council Member Trautmann to answer his questions and gave additional information on the item. This item will be brought back the first meeting in September if there are no further questions. Item #5 PUBLIC HEARING AND CONSIDERATION OF THE APPROVAL OF RESOLUTIONS REGARDING THE MODIFICATION OF THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA, THE MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE CEDAR AVENUE TAX INCREMENT FINANCING DISTRICT, AND THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 2018-1. (S.R. NO. 138) Council Member Regan Gonzalez presented Staff Report No. 138. Council Member Regan Gonzalez commented there was a good discussion on this topic at the Housing and Redevelopment Authority meeting and asked staff to provide a summary of that discussion. Community Development Director Stark discussed the additional costs associated with noise attenuation and why a TIF district is needed to make the project work financially. He also discussed there are different types of TIF districts and a housing TIF district is more advantageous for this type of townhome project. Lastly, he discussed that some of the property isn’t paying property taxes currently and this development will bring immediate tax revenue to the City, County, and School District. Council Member Regan Gonzalez opened the public hearing. Alainna Samuelson, 7005 18th Avenue S, stated she is located in the TIF District and asked how her property taxes would be impacted. Community Development Director Stark responded that it won’t impact her property taxes; it only changes how her tax dollars are distributed after she pays her property taxes. M/Regan Gonzalez, S/Garcia to close the public hearing. Motion carried 5-0. Council Member Howard commented that this is a decade in the making and is excited that this is moving forward and adding value to our city. He stated there is a need for rental housing and this fills that need; however, he stated he wished a portion of the rental housing would be affordable. Mayor Elliott discussed the balancing of affordable and market rate townhomes and apartments. Council Member Regan Gonzalez reiterated the excitement that Richfield is becoming an area of opportunity for development and affordable housing opportunities. Council Member Trautmann agreed with the other Council Members and stated he appreciates affordable rental units but highlighted the opportunities when you own your home. M/Regan Gonzalez, S/Elliott to adopt a resolution adopting a modification to the Tax Increment Financing Plan for the Cedar Avenue Tax Increment Financing District within the Richfield Redevelopment Project Area. Council Meeting Minutes -5- August 21, 2018 RESOLUTION NO. 11528 RESOLUTION ADOPTING A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE CEDAR AVENUE TAX INCREMENT FINANCING DISTRICT WITHIN THE RICHFIELD REDEVELOPMENT PROJECT AREA. Motion carried 5-0. This resolution appears as Resolution No. 11528. M/Regan Gonzalez, S/Elliott to adopt a resolution adopting a modification to the Redevelopment Plan for the Richfield Redevelopment Project Area and establishing Tax Increment Finance District No. 2018-1 therein and the adoption of the Tax Increment Financing Plan therefor. RESOLUTION NO. 11529 RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 2018-1 THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. Motion carried 5-0. This resolution appears as Resolution No. 11529. Item #6 CONSIDERATION OF THE APPROVAL OF THE SECOND READING OF AN ORDINANCE AMENDING SECTION 300 OF THE CODE OF ORDINANCES FORMALLY ESTABLISHING A FINANCE DEPARTMENT AND DIRECTOR OF FINANCE POSITION WITHIN THE CITY ORGANIZATION AND AMENDING SUBSECTION 315.11 TO CLARIFY THE TITLE OF DIRECTOR. (S.R. NO. 139) Council Member Trautmann presented Staff Report No. 139. M/Trautmann, S/Howard to approve the second reading of an ordinance amending Section 300 of the Code of Ordinances formally establishing a Finance Department and Director of Finance position within the City organization and amending Subsection 315.11 to clarify the title of Director. Motion carried 5-0. Item #7 DISCUSSION REGARDING CITY COUNCIL ATTENDANCE AT THE 2018 NATIONAL LEAGUE OF CITIES CITY SUMMIT CONFERENCE NOVEMBER 7- 10 IN LOS ANGELES, CALIFORNIA. (S.R. NO. 140) Mayor Garcia presented Staff Report No. 140. Council Members discussed their interest in attending the conference. Council Member Trautmann stated he would be interested in attending another conference held by the National League of Cities in Washington, D.C. Council Member Garcia stated she might be available and would know in a couple weeks. It will be brought to another meeting. Council Meeting Minutes -6- August 21, 2018 M/Elliott, S/Regan Gonzalez to designate Council Member Trautmann to attend the 2018 HELO Annual Leadership Retreat on September 10-12, 2018 in Washington, D.C. Item #8 CITY MANAGER’S REPORT City Manager Devich stated he had nothing to report. Item #9 CLAIMS AND PAYROLLS M/Garcia, S/Elliott that the following claims and payrolls be approved: U.S. Bank 08/14/18 A/P Checks: 270021 - 270518 $ 2,414,199.76 Payroll: 138179 - 138935; 42805 - 42806 1,361,481.19 TOTAL $ 3,775,680.95 Motion carried 5-0. OPEN FORUM None. Item #10 ADJOURNMENT The meeting was adjourned by unanimous consent at 8:14 p.m. Date Approved: September 11, 2018 Pat Elliott Mayor Jared Voto Steven L. Devich Executive Aide/Analyst City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Work Session September 4, 2018 CALL TO ORDER The work session was called to order by Mayor Elliott at 7:00 p.m. in the Babcock Room. Council Members Pat Elliott, Mayor; Maria Regan Gonzalez; and Simon Trautmann. Present: Council Members Edwina Garcia and Michael Howard. Absent: Item #1 INTERVIEWS OF YOUTH APPLICANTS FOR APPOINTMENT TO RICHFIELD ADVISORY BOARD/COMMISSIONS. The City Council conducted interviews of youth applicants for appointment to City Advisory Board and Commissions. ADJOURNMENT The work session was adjourned by unanimous consent at 8:03 p.m. Date Approved: September 11, 2018 _____________________________ Pat Elliott Mayor _____________________________ ____________________________ Jared Voto Steven L. Devich Executive Aide/Analyst City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Meeting September 5, 2018 CALL TO ORDER The meeting was called to order by Mayor Elliott at 5:00 p.m. in the Heredia Room. Council Members Pat Elliott, Mayor; Edwina Garcia; Michael Howard; Maria Regan Gonzalez; Present: and Simon Trautmann. Staff Present: Steven L. Devich, City Manager; Pam Dmytrenko, Assistant City Manager/HR Manager; Jay Henthorne, Public Safety Director/Police Chief; Wayne Kewitsch, Fire Chief; Kristin Asher, Public Works Director; John Stark, Community Development Director; Jim Topitzhofer; Recreation Services Director; Chris Regis, Finance Manager; Bill Fillmore, Liquor Operations Director; Karen Shragg, Wood Lake Nature Center Manager; Neil Ruhland, Media Coordinator; and Jared Voto, Executive Aide/Analyst. ITEM #1 DISCUSSION OF THE 2018 REVISED/2019 PROPOSED BUDGET AND 2019 PRELIMINARY TAX LEVY City Manager Devich began the discussion by advising that there would be a presentation by Finance Manager Regis regarding the overall budget and tax levy followed by a presentation by each department. Finance Manager Regis presented the timeline 2018 Revised/2019 Proposed Budget and 2019 preliminary tax levy and key issues for 2019. He covered the major aspects of the General Fund revenues and expenditures and the elements of the overall tax levy and its predicted impacts on residential properties. City Manager Devich went into further detail explaining a home’s tax capacity, the City’s tax capacity rate, and how they relate to a homeowner‘s tax bill. Council Member Regan Gonzalez commented on the stability of the general fund, the reduction of staff in previous years, the City reducing reliance on local government aid, and the pressure on the debt levy due to upgrading the City’s infrastructure. Council Member Trautmann asked about the 2019 budget and how it may compare to future year’s budgets and commented on the use of special assessments in other communities. City Manager Devich responded with the budget challenges in the future. Community Development Director commented on the positives of tax increment financing (TIF) districts rolling off in the near future bringing more revenue to the City. City Manager Devich presented the Legislative/Executive budget. Special Meeting Minutes -2- September 5, 2018 Finance Manager Regis and Assistant City Manager/HR Manager presented the Administrative Services Department budget. Public Safety Director Henthorne presented the Public Safety Department budget. Fire Services Director Kewitsch presented the Fire Services Department budget. Community Development Director Stark presented the Community Development Department budget. Liquor Operations Director Fillmore presented the Liquor Operations Department budget. Public Works Director Asher presented the Public Works Department budget. Recreation Services Director Topitzhofer and Wood Lake Nature Center Manager Shragg presented the Recreation Department budget. There was general discussion of the budget by the City Council and staff including responses to specific questions regarding the various departments. ADJOURNMENT The meeting was adjourned by unanimous consent at 7:28 p.m. Date Approved: September 11, 2018 _____________________________ Pat Elliott Mayor _____________________________ ____________________________ Jared Voto Steven L. Devich Executive Aide/Analyst City Manager AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #6.A. STAFF RE P ORT NO. 141 CIT Y COUNCIL ME E T ING 9/11/2018 RE P O RT P RE PA RE D B Y: C hris L ink, Operations S uperintendent D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector 9/4/2018 O THE R D E PA RTM E NT RE V IE W: C hristopher Regis, F inance Manager C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager 9/6/2018 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the adoption of resolutions pertaining to the annual Lyndale/H U B/Nicollet (L H N) maintenance assessment process and scheduling a public hearing for October 9, 2018. E X E C UT IV E S UM M ARY: The Lyndale/HUB/Nicollet (L HN) maintenance district was established to recover special maintenance expenses in the L HN area in 1981. The special services include: Maintenance and operation of irrigation Mowing Fertilization Weed control Trash and litter removal Maintenance of street lighting system T he L H N Redevelopment Area is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue. Staff is recommending the City Council: Approve resolution declaring the 2017 assessment costs and ordering the preparation of the proposed assessment for 2017. Schedule public hearing for October 9, 2018 for proposed assessments. Approve resolution proposing a similar assessment process for 2019. Schedule public hearing for October 9, 2018 for future assessment process. RE C O M M E ND E D AC T I O N: By Motion: 1. Adopt a resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for 2017 Lyndale/H U B/Nicollet (LH N) maintenance and schedule a public hearing for October 9, 2018. 2. Adopt a resolution proposing a similar assessment process to be implemented for 2019 and schedule a public hearing for October 9, 2018. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T City staff has determined actual costs of current services to be assessed for the 2017 maintenance of this area to be $24,107.92, and the estimated cost for 2019 maintenance to be $50,000. Fluctuations in expenditures for maintenance of LHN are caused by a number of factors: W eather determines water usage and irrigation costs Concrete repairs vary from year to year Unexpected repairs Updates to aging infrastructure B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Section 825 of the City Code indicates “current services” mean one or more of the following: (a) snow, ice, or rubbish removal from sidewalks; (b) weed elimination from streets or private property; (c) removal or elimination of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes, sections 463.15 to 463.26; (d) installation or repair of water service lines; (e) street sprinkling, sweeping, or other dust treatment of streets; (f) the trimming and care of trees and the removal of unsound trees from any street; (g) the treatment and removal of insect-infested or diseased trees on private property; (h) the repair of sidewalks and alleys; (i) the operation of a street lighting system; (j) the maintenance of landscaped areas, decorative parks and other public amenities on or adjacent to street right-of-way; and, (k) snow removal and other maintenance of streets in commercial redevelopment areas. Council ordered the work and the work was done for 2017. It is anticipated the Council would like to order similar work for 2019. C.C R IT IC AL T IMIN G IS S U E S: Each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. This list is available at the offices of the City Clerk, Assessing, and Public W orks. D.F IN AN C IAL IMPAC T: All costs to the City will be recovered through this assessment. Estimated and actual costs for the LHN maintenance services from 2003-2017 are: Year Estimated Ac tual 2003 $50,000 $37,785.67 2004 $50,000 $44,031.39 2005 $50,000 $45,385.31 2006 $50,000 $45,648.56 2007 $50,000 $51,605.29 2008 $50,000 $49,999.99 2009 $50,000 $49,747.02 2010 $50,000 $32,459.40 2011 $50,000 $39,090.87 2012 $50,000 $32,244.51 2013 $50,000 $25,522.16 2014 $50,000 $29,415.52 2015 $50,000 $27,321.07 2016 $50,000 $26,025.24 2017 $50,000 $24,107.92 E.L E GAL C ON S ID E R AT ION: No legal issues are apparent at this time. T he City Attorney will be in attendance at the Council meeting should a legal question arise. Section 825, Subd. 2 states that “the City Clerk, under the Council’s direction, shall publish notice that the Council will meet to consider the undertaking of current services and levying of special assessments to pay costs thereof.” The public hearing notice is scheduled to be published on September 20, 2018. ALTE R N AT IV E R E C O MME N D ATIO N(S): Council may make any changes to the assessment roll as deemed necessary after the public hearing. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: I mpacted property owners AT TAC H ME N T S: D escription Type Resolution - 2017 Resolution L etter Resolution - 2019 Resolution L etter L HN A ssessment Map E xhibit L HN A ssessment Roll E xhibit RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1, 2017 THROUGH DECEMBER 31, 2017 WHEREAS, costs have been determined for the maintenance of the Lyndale/Hub/Nicollet (LHN) Redevelopment Area which is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue in the City of Richfield and the expenses incurred or to be incurred for such maintenance amount to $24,107.92 for the period of January 1, 2017 through December 31, 2017. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The portion of the cost to be assessed against benefited property owners is declared to be $24,107.92 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such maintenance against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in their office for public inspection. 3. The City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 4. A hearing shall be held on the 9th day of October, 2018, in the Council Chambers of the City Hall at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda to pass upon such proposed assessment and at such time and place all persons owning property affected by said maintenance assessment will be given an opportunity to be heard in reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and they shall state in the notice the total cost of the maintenance. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing Adopted by the City Council of the City of Richfield, Minnesota this 11th day of September, 2018. _______________________________ Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE LYNDALE/HUB/NICOLLET (LHN) PROJECT AREA FOR THE PERIOD JANUARY 1, 2019 THROUGH DECEMBER 31, 2019 BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. There is hereby established a special assessment district, the boundaries of which are conterminous with the Lyndale/Hub/Nicollet (LHN) Redevelopment Project Area, for the purposes of assessing for current services provided by the City. 2. The following current services of the City are hereby proposed to be undertaken by the City in the district, with the costs of such services to be specially assessed against benefited property within the district: • Snow, ice or rubbish removal; • Weed elimination; • Elimination or removal of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes Section 463.15 to 463.26; • Installation or repair of water service lines; • Street sprinkling or other dust treatment of streets; • Trimming and care of trees and the removal of unsound trees; • Repair of sidewalks, crosswalks, and other pedestrian walkways; • Operation of the street lighting system; • Maintenance of landscaped areas and other public amenities on or adjacent to street right-of-way; • Maintenance of Civic Plaza; • Snow removal and other maintenance of streets; • Painting and repair of wood furniture; • General maintenance, including repairs and replacement. 3. The area proposed to be specially assessed for such current services consists of every assessable lot and parcel of land within the district. It is proposed that special assessments on commercial property be made on the basis of the area with each square foot of assessable commercial property within the district being assessed an equal amount for maintenance of common area. Exempt from the special assessment levy shall be all single family, two-family, multiple family residential property within the LHN redevelopment district. Special maintenance of individual commercial properties shall be assessed directly for costs incurred in performing said maintenance to said property. 4. The City Clerk is authorized and directed to give public notice of a hearing by this Council at which the Council will consider the undertaking of such current services and the levying of special assessments to bear the costs thereof. The City Clerk shall also give mailed and published notice of such hearing as required by law. Such hearing shall be held on Tuesday, October 9, 2018, commencing at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda. 5. It is hereby proposed that the project consist of the costs of the aforementioned services for the period of January 1, 2019 through December 31, 2019. The estimated cost of providing all the aforementioned current services during that period is $50,000. Adopted by the City Council of the City of Richfield, Minnesota this 11th of September, 2018. ____________________________ Pat Elliott, Mayor ATTEST: ____________________________ Elizabeth VanHoose, City Clerk 6 6 TH S T WLYNDALEAVESGRAND AVE SEAST PLEASANT AVE SPILLSBURY AVE SWENTWORTH AVE SBLAISDELL AVE SNICOLLET AVE SNICOLLET AVE S1ST AVE SM ILDRED DR 63RD ST W RAE DR EMERSON AVE SLYNDALE AVE SALDRICH AVE SBRYANT AVE SCOLFAX AVE SDUPONT AVE SWoodl ake Dr Lake Shore Dr Wood LakeLn LYNWOOD BLVDWEST PLEASANT AVE S64 1/2 ST W BOB PL 67TH ST W 66TH ST W 6 5 TH S T WHARRIET AVE SGARFIELD AVE64TH ST W 65TH ST W (CO RD NO 52)Ri chfield Lake ACADEMY OFHOLY ANGELS BLESSED TRINITYCATHOLICSCHOOL WOOD LAKENATURE CENTER THE HUB LITTLEBOB'SPARK NICOLLETPARKGARFIELDPARK 6348 6242 8 10 12 652765256521 65096507650565036501 7 1 0 7 0 4 7 1 6 6547 64636467645967166812 6732 6726 6720 6714 6708 6700 6644 6638 6632 6626 6620 6614 6608 6636 6632 6628 6624 6620 6616 6612 6608 1107-09 67356725 6733 6729 6715 6709 6705 6707 6701 6645 6639 6633 6621 6625 6609 6601 905912926 911 901 6615 6615 826 6604 6721 6657 6633 6629 6625 6621 6617 6615 6611 6607 6605 927925923 917 6701 6704 6308 1610121016101810081014 905901903 6500 920 924 1106 920 910 900 825 800 91592110016445 6540 6536 6532 6528 6524 6520 6516 6512 6508 65046500 6533 6529 6539 1124 6525 6436 643064266424 6420 6416 6412 6408 6404 6400 6312 65496444 6300 6304 6315 102010166420 63016305 100810006304 6300 6301 6305 9201050 9149109069006320 6308 6300 6301630563096311 6321 63256327 6308 63046300 63016305 6313 6300 6239 6245 6244 6238 6244 6238 6239 6245 6244 6238 6232 6239 6245 6234 6233 6232 906 6328 6324 6320 6314 6317 6321 6325 6330 6320 4 812 6641 66246629 6625 66386635 6633 6632 10-12 6644 6601 6721 6727 6733 6732 6726 6701 6705 6711 6715 6718 6714 6708 6704 6700 6705 6709 6713 6719 6525 407 6601 6711 6600 4006645 6701 6717 6600 6734 6732670067016705 6709 6713 6717 6721 6725 6729 6733 6724 6720 67126708 67006701 6709 6713 6717 6721 6725 6729 6733 6732 6728 6724 6720 6716 6712 6708 67046700 672567306709 6725 6733 6737 6736 6732 6724 6720 6716 6710 6700 6640 67306729 6732 6726 6725 6729 6735 6734 6728 6724 633863366334 6551 6600 100 220 199 66th St W 6500 6440 6401 6409 6415 6421 6429 64146420 6410 64006401 6409 6415 6421 6429 6428 6420 6414 6408 64006401 6409 6415 6421 6429 6428 6420 6414 6408 6400 6401 6413 6421 6429 6428 6420 6414 6408 6400 6437 212 200 6430 7 1 8 7 2 26501 6401 6500 6444644064386436 300 6501 65216439800 840 6430 5215156400 6408 6414 6420 4154094016401 6409 6415 6421 6420 6414 6408 6400 6401 6411 6417 6423 6431 6439 6438 6426 6420 6414 6408 301 400 312 300 6345 6086106006025205225145085004184204104124004023163183083006233 6237 6236 6226 6229 6237 6236 6228 6229 6237 6236 6228 6229 6237 6236 6228 6301 6305 6311 6317 6323 6329 6335 6334 6328 6322 6316 6310 6304 63006301 6305 6311 6317 6323 6329 6335 6334 6328 6322 6316 6310 6304 6300 6334 6328 6322 6316 6310 6229 6555 6304 6300 6244 6240 62416245 6244 6240 6241 6245 300 6 6240 6301 6301 6245 6241 6244 62406245 6337 6345 6342 6338 6332 6331 6337 6345 6344 6336 6332 6331 6337 6343 6342 6336 6330 6331 6337 6343 63426344 63366338 63306332 6301 6305 6309 6319 6325 6324 6318 6312 6306 6301 6305 6309 6319 6325 6324 6312 6308 6304 63006301 6305 6313 6319 6325 6324 6312 6308 6304 63006301 6313 6321 6329 6324 6318 6312 6306 6300 6234 6235 6244 6235 6234 6235 6234 6228 6237 6224 62206227 6225 6229 6228 6224 6220 6225 6227 6231 6228 6224 6220 6225 6229 6228 6224 141618206231 5 164 65356533 6519 6515 6400 6408 6414 6420 6426 6425 6401 6444 64326445 6511 6625 6531 6320 6326 6332 6338 63446343 6337 6331 6325 6319 6300 226535 26283034 333638 4462 66 64 76 96 94 201 140 6315 6325 6335 7 1/232361/2 80 204 6545 6300 6308 6321 6327 6333 6339 6354 6517644164436445644764516457646164654084064046332 820 7 2 07 2 4 780 790 924928 1025 1112 1115 11186515 11256505 1120 110010301020 1005110510351015 1020 62366238 1&2 62446246 6307 6402 6221 Nicollet Ave S 921 6710 L.S. DR 6715L.S. DR Lyndale-Hub-Nicollet (LHN)Assessment DistrictRichfield, Minnesota The City of Richfield makes no representation or warranties, expressor implied, with respect to the reuse of the data provided herewith,regardless of its format or the means of its transmission. There is noguarantee or representation to the user as to the accuracy, currency,suitability, or reliability of this data for any purpose. The user acceptsthe data “as is”, and assumes all risks associated with its use. Assessment Districts 2018 Assessed Parcels #I:\GIS\Public Works\Streets\AssessmentDistricts\Projects\LHNAssessment.mxd1 inch = 500 Feet 0 500 1,000250 Feet B l o o m i n g t o nE d i n aM i n n e a p o l i s M S PGVWX35GVWX31 GVWX53 GVWX32 GVWX53 GVWX53 GVWX53 GVWX32 GVWX52 GVWX52 GVWX35 GVWX35 §¨¦35W §¨¦35W §¨¦494 §¨¦35W §¨¦494 ?A@62 ?A@77 ?A@62 ?A@62 ?A@77 2018 LHN Assessment BLDG_ NUM STREETNAME PID ASSESSMENT 16 66TH ST E 2702824130115 $30.08 42 ADDRESS UNASSIGNED 2802824140371 $71.45 42 ADDRESS UNASSIGNED 2702824230115 $165.46 42 ADDRESS UNASSIGNED 2702824320132 $78.97 42 ADDRESS PENDING 2802824110090 $575.34 42 ADDRESS UNASSIGNED 2702824320133 $221.86 42 ADDRESS UNASSIGNED 2702824320134 $161.70 42 ADDRESS UNASSIGNED 2802824140370 $236.91 42 ADDRESS PENDING 2802824110089 $910.02 100 66TH ST W 2702824240064 $1,278.54 199 65TH ST W 2702824240061 $4,944.92 220 66TH ST W 2702824240063 $221.86 300 66TH ST W 2702824230082 $1,071.71 407 66TH ST W 2702824320138 $157.94 700 66TH ST W 2702824230106 $18.80 704 66TH ST W 2702824230107 $1,568.09 800 66TH ST W 2802824140010 $447.48 826 66TH ST W 2802824410039 $248.19 6401 NICOLLET AVE S 2702824130052 $116.57 6410 NICOLLET AVE S 2702824240040 $90.25 6412 NICOLLET AVE S 2702824240065 $233.14 6420 LYNDALE AVE S 2702824230114 $737.04 6425 NICOLLET AVE S 2702824130053 $255.71 6436 LYNDALE AVE S 2702824230084 $71.45 6438 LYNDALE AVE S 2702824230085 $52.65 6439 LYNDALE AVE S 2702824230074 $432.45 6440 LYNDALE AVE S 2702824230086 $105.29 6440 NICOLLET AVE S 2702824240057 $127.85 6444 LYNDALE AVE S 2702824230088 $199.30 6444 LYNDALE AVE S 2702824230087 $188.02 6445 NICOLLET AVE S 2702824130001 $345.96 6467 LYNDALE AVE S 2702824230010 $266.99 6500 LYNDALE AVE S 2702824230090 $236.91 6500 NICOLLET AVE S 2702824240060 $673.11 6501 WOODLAKE DR 2702824230105 $75.21 6501 NICOLLET AVE S 2702824130116 $1,218.37 6501 LYNDALE AVE S 2702824230111 $1,210.85 6525 LYNDALE AVE S 2702824230112 $571.58 6545 LYNDALE AVE S 2702824230113 $458.77 6601 LYNDALE AVE S 2702824320137 $1,289.81 6601 NICOLLET AVE S 2702824420078 $631.74 6640 LYNDALE AVE S 2702824320452 $1,538.00 6645 LYNDALE AVE S 2702824320127 $439.97 6701 LYNDALE AVE S 2702824320126 $131.61 $24,107.92 Page 1 of 1 AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #6.B. STAFF RE P ORT NO. 142 CIT Y COUNCIL ME E T ING 9/11/2018 RE P O RT P RE PA RE D B Y: C hris L ink, Operations S uperintendent D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector 9/4/2018 O THE R D E PA RTM E NT RE V IE W: C hristopher Regis, F inance Manager C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager 9/6/2018 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the adoption of resolutions pertaining to the annual 77th Street maintenance district assessment process and scheduling a public hearing for October 9, 2018. E X E C UT IV E S UM M ARY: Since 1988, the City has been performing special maintenance along the 77th Street redevelopment area between I -35W and Cedar Avenue. The special maintenance services include: Maintenance and operation of irrigation systems Mowing Fertilization Weed control Trash and litter removal These services are provided on both sides of the 77th Street wall. The maintenance functions, known as current services, are funded through a maintenance assessment on the 77th Street businesses. Staff is recommending the City Council: Approve resolution declaring the 2017 assessment costs and order the preparation of the proposed assessment for 2017. Schedule public hearing for October 9, 2018 for proposed assessments. Approve resolution proposing a similar assessment process for 2019. Schedule public hearing for October 9, 2018 for similar assessment process. RE C O M M E ND E D AC T I O N: By Motion: 1. Adopt a resolution proposing to assess commercial properties in the 77th Street assessment district for costs incurred to maintain the area in 2017 and schedule a public hearing for October 9, 2018. 2. Adopt a resolution proposing a similar assessment process to be implemented for 2019 and schedule a public hearing for October 9, 2018. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T City staff has determined actual costs of current services to be assessed for the 2017 maintenance of this area to be $77,790.83, and estimate the cost for 2019 maintenance to be $80,000. Fluctuations in expenditures for maintenance of the 77th Street assessment district are caused by a number of factors: W eather determines water usage and irrigation costs Concrete repairs vary from year to year Updating aging infrastructure Maintenance and replacement of landscaping B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Section 825 of the City Code indicates “current services” mean one or more of the following: (a) snow, ice, or rubbish removal from sidewalks; (b) weed elimination from streets or private property; (c) removal or elimination of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes, sections 463.15 to 463.26; (d) installation or repair of water service lines; (e) street sprinkling, sweeping, or other dust treatment of streets; (f) the trimming and care of trees and the removal of unsound trees from any street; (g) the treatment and removal of insect-infested or diseased trees on private property; (h) the repair of sidewalks and alleys; (i) the operation of a street lighting system; (j) the maintenance of landscaped areas, decorative parks and other public amenities on or adjacent to street right-of-way; and, (k) snow removal and other maintenance of streets in commercial redevelopment areas. Council ordered the work and the work was done in 2017. Resolution No. 7405, adopted in 1988, established a policy for assessing the costs. Commercial property owners will be assessed on a per-square-foot basis. Single family and multi-family residential properties, plus the two churches in the area, would be exempt from the special assessment levy. C.C R IT IC AL T IMIN G IS S U E S: Each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. This list is available at the offices of the City Clerk, Assessing, and Public W orks. D.F IN AN C IAL IMPAC T: All costs to the City will be recovered through this assessment. Estimated and actual costs for the 77th Street maintenance services from 2003 - 2017 are: Year Estimate Actual 2003 $80,000 $59,831.07 2004 $80,000 $63,842.79 2005 $80,000 $64,841.54 2006 $80,000 $69,606.52 2007 $80,000 $77,441.46 2008 $80,000 $77,000.01 2009 $80,000 $62,894.55 2010 $80,000 $64,124.81 2011 $80,000 $72,427.48 2012 $80,000 $78,286.46 2013 $80,000 $59,779.82 2014 $80,000 $71,499.01 2015 $80,000 $59,557.56 2016 $80,000 $71,489.33 2017 $80,000 $77,790.83 E.L E GAL C ON S ID E R AT ION: No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. Section 825, Subd. 2 states that “the City Clerk, under the Council’s direction, shall publish notice that the Council will meet to consider the undertaking of current services and levying of special assessments to pay costs thereof.” The public hearing notice is scheduled to be published on September 20, 2018. ALTE R N AT IV E R E C O MME N D ATIO N(S): Council may make any changes to the assessment roll as deemed necessary after the public hearing. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type Resolution - 2017 Resolution L etter Resolution - 2019 Resolution L etter 77th S treet A ssessment Map E xhibit 77th S treet A ssessment Roll C over Memo RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1, 2017 THROUGH DECEMBER 31, 2017 WHEREAS, costs have been determined for the maintenance of the 77th Street Redevelopment Area the boundaries of which are approximately east of I-35W and west of Cedar Avenue in the City of Richfield and the expenses incurred or to be incurred for such maintenance amount to $77,790.83 for the period of January 1, 2017 through December 31, 2019. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The portion of the cost to be assessed against benefited property owners is declared to be $77,790.83. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such maintenance against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in their office for public inspection. 3. The City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 4. A hearing shall be held on the 9th day of October, 2018, in the Council Chambers of the City Hall at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda to pass upon such proposed assessment and at such time and place all persons owning property affected by said maintenance assessment will be given an opportunity to be heard in reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the maintenance. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of September, 2018. ________________________________ Pat Elliott, Mayor ATTEST: _________________________________ Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE 77TH STREET PROJECT AREA FOR THE PERIOD JANUARY 1, 2019 THROUGH DECEMBER 31, 2019 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. There is hereby established a special assessment district, the boundaries of which are east of I-35W and west of Cedar Avenue, for the purposes of assessing for current services provided by the City. 2. The following current services of the City are hereby proposed to be undertaken by the City in the District with the cost of such services to be specially assessed against benefited property within the District; • The trimming and care of trees and shrubs and the removal of any unsound trees from any street; • The repair of sidewalks; • The maintenance of landscaped areas and other public amenities on or adjacent to street rights-of-way; • Trash and litter removal. 3. The area proposed to be specially assessed for such current services consists of each and every commercial lot and parcel of land within the District. It is proposed that the special assessments on the commercial property be made on the basis of area. 4. The City Clerk is hereby authorized and directed to publish notice of a hearing by this Council at which the Council will consider the undertaking of such current services and the levying of special assessments to bear the costs thereof. Such notice shall be published in the official newspaper at least once, at least two weeks prior to the date of hearing. The City Clerk shall also give mailed notice of such hearing as required by law. Such hearing shall be held Tuesday, October 9, 2018, commencing at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda. 5. It is hereby proposed that the project consist of the aforementioned services for the period from January 1, 2019 through December 31, 2019. The estimated cost of providing all of the aforementioned services during that period is $80,000. Passed by the City Council of the City of Richfield, Minnesota this 11th day of September, 2018. ________________________________ Pat Elliott, Mayor ATTEST: _______________________ Elizabeth VanHoose, City Clerk 245 7614 7727 7701 7709 77177715 7721 100 7720 7700 200 7601 7609 7615 7621 7627 7633 7639 7638 7632 7626 7620 7614 7608 7600 7601 7609 7615 7621 7627 7633 7639 84 7645 7645 7625 7615 7601 7601 351 301 7701 7745 401 7638 7632 7626 7620 7614 7608 7600 7601 7609 7615 7621 7627 7633 7639 7638 7632 7626 7620 7614 7608 7600 7639 7638 7633 7632 7627 7626 7621 7620 7615 7614 7609 7608 7601 7600 501 7545 7544 7538 7539 7545 7544 7538 7539 7545 7544 7538 7539 7545 300 7 7538 7537 7545 7539 7545 7544 75387537 7545 7544 7538 7645 7700 7638 7632 7626 7620 7614 7608 7600 7638 7632 7626 7620 7614 7608 7600 7601 7621 7627 7633 7639 7644 7630 7600 7639 7633 7627 7621 7615 76011017 7609 7615 7621 7627 7633 7639 7638 7632 7626 7620 7614 7608 1001 7639 7633 7627 7621 7615 7609 7601 7612 7608 7604 100 200 7601 Girard Ave S 42 AD 7625 7632 7626 7620 7614 7608 7619 76237625 76297631 76357637 76417643 76101000 78th St W 980 710 78th St W 7600 1401 7621 7617 7609 7601 75377541 7545 7544 754075367537 7541 7545 7537 7536 753775417545 7544 75377541 7545 7544 754075367541 7545 7544 7540753675377541 7545 7544 75407536 700 704 90 97 93 89 99 95 91 87 83 79EAST PLEASANT AVE SWENTWORTH AVE SM eridianCrossings78TH ST W 76TH ST W 76TH ST 77TH ST WGRAND AVE SHARRIET AVE SGARFIELD AVE S7 8 T H S T W 77TH ST W SHOPS AT LYNDALEUS BANCORP Interstate-Lyndale-Nicollet (ILN)Assessment DistrictRichfield, Minnesota The City of Richfield makes no representation or warranties, expressor implied, with respect to the reuse of the data provided herewith,regardless of its format or the means of its transmission. There is noguarantee or representation to the user as to the accuracy, currency,suitability, or reliability of this data for any purpose. The user acceptsthe data “as is”, and assumes all risks associated with its use. Assessment Districts 2018 Assessed Parcels #I:\GIS\Public Works\Streets\AssessmentDistricts\Projects\ILNAssessment.mxd1 inch = 500 Feet 0 500 1,000250 Feet 7717 7632 7626 7627 7633 7639 7638 7632 76267621 7625 7632 7628 7625 7629 7635 7634 7628 7624 7635 7629 7625 6167733 7727 7701 631 620 710 701 315 345 7744 7715 7731 415 7701 7714 7708 500 7639 7633 7627 7720 7701 7730 7700 7745 76437645 7627 7633 7638 7632 7626 7627 7633 7639 7638 7632 7626 7627 7633 7639 7638 7632 7626 7627 7633 7639 7638 7701 7740 7636 7626 7735 7720 7700 7727 30 457700 7638 7632 7626 7627 7633 7639 7638 7632 7626 7627 7633 7639 7638 7626 7620 84 308 305 7730 7740 40508090 70 60 97 93 89 85 81 77 4953576165 99 95 91 87 83 79 67 63 59 55 51 47 7627 607 626 632 638 711 717 729 735 716 728 734 77TH ST E 7 8 TH ST E 78TH ST E 4TH AVE S77TH ST W INTERSTATE HW Y NO 494 I N T E R S T AT E H W Y N O 4 9 4 PARTNERSHIPACADEMYSCHOOL MENARDS ROOSEVELTPARK 152477th St E 160077th St E 152477th St E 76337629 1550 1600 1620 1640 7636 7625 1401 7627 7633 7639 7638 7632 7626 7627 7633 7639 7638 7632 76267627 7633 7639 7638 7632 7626 7627 7633 7639 7638 7632 7626 1200 1300 7700 7627 7633 7639 7638 7632 7626 7627 7633 7639 7638 7632 7626 7627 7633 7639 7638 7632 7626 901 1001 7700 7744 13 - 2021 - 3233 - 40 1 - 127640 900 1000 1306 1312 1318 1324 7764 774077167635 7627 77TH ST E 78TH ST E INTERSTATE HW Y NO 494 WASHINGTONPARK B l o o m i n g t o nE d i n aM i n n e a p o l i s M S PGVWX35GVWX31 GVWX53 GVWX32 GVWX53 GVWX53 GVWX53 GVWX32 GVWX52 GVWX52 GVWX35 GVWX35 §¨¦35W §¨¦35W §¨¦494 §¨¦35W §¨¦494 ?A@62 ?A@77 ?A@62 ?A@62 ?A@77 2018 ILN Assessment BLDG_NU M STREETNAME PID ASSESSMENT 1 MERIDIAN CROSSINGS 3302824430050 $4,420.34 2 MERIDIAN CROSSINGS 3302824430049 $4,029.79 42 ADDRESS UNASSIGNED 3302824440114 $17.75 42 ADDRESS UNASSIGNED 3502824440032 $35.50 42 ADDRESS UNASSIGNED 3302824440236 $479.31 42 ADDRESS PENDING 3502824430077 $3,337.45 84 78TH ST W 3402824340001 $292.91 100 78TH ST W 3402824340056 $470.44 200 78TH ST W 3402824340053 $1,899.50 301 77TH ST W 3402824330087 $994.13 308 78TH ST E 3402824440037 $656.84 345 77TH ST E 3402824440032 $745.60 351 77TH ST W 3402824330088 $2,130.28 401 77TH ST W 3402824330156 $6,097.93 415 77TH ST E 3402824440028 $213.03 500 78TH ST E 3402824440023 $594.70 616 78TH ST E 3502824330009 $514.82 700 78TH ST W 3302824440234 $346.17 710 78TH ST W 3302824440232 $6,692.64 980 78TH ST W 3302824440235 $239.66 1000 78TH ST W 3302824440231 $7,642.39 1200 78TH ST E 3502824430008 $949.75 1401 76TH ST W 3302824430019 $2,334.43 1550 78TH ST E 3502824440010 $2,849.25 1600 78TH ST E 3502824440031 $683.47 1620 78TH ST E 3502824440008 $1,100.65 1640 78TH ST E 3502824440007 $807.73 1710 78TH ST E 3502824440006 $665.71 7610 LYNDALE AVE S 3302824440110 $1,890.63 7630 LYNDALE AVE S 3302824440113 $248.53 7636 CEDAR AVE S 3502824440004 $1,109.52 7644 LYNDALE AVE S 3302824440115 $195.28 7645 LYNDALE AVE S 3402824330155 $514.82 7645 LYNDALE AVE S 3402824330151 $514.82 7645 LYNDALE AVE S 3402824330152 $514.82 7645 LYNDALE AVE S 3402824330154 $514.82 7645 LYNDALE AVE S 3402824330153 $514.82 7645 LYNDALE AVE S 3402824330150 $514.82 7700 NICOLLET AVE S 3402824340065 $381.68 7700 WENTWORTH AVE S 3402824340054 $408.30 7700 PORTLAND AVE S 3402824440006 $292.91 7700 LYNDALE AVE S 3302824440233 $479.31 7700 PILLSBURY AVE S 3402824340073 $834.36 7701 PORTLAND AVE S 3502824330006 $452.69 7701 5TH AVE S 3402824440027 $275.16 7701 PILLSBURY AVE S 3402824340061 $204.15 7701 NICOLLET AVE S 3402824430078 $8,325.86 7701 LYNDALE AVE S 3402824330082 $133.14 7708 5TH AVE S 3402824440024 $204.15 7709 PILLSBURY AVE S 3402824340060 $204.15 7714 5TH AVE S 3402824440025 $204.15 7715 PILLSBURY AVE S 3402824340058 $106.51 7717 PILLSBURY AVE S 3402824340059 $97.64 7720 WENTWORTH AVE S 3402824340055 $408.30 7720 NICOLLET AVE S 3402824340066 $355.06 7721 PILLSBURY AVE S 3402824340057 $683.47 7727 PORTLAND AVE S 3502824330007 $603.58 7730 PORTLAND AVE S 3402824440007 $470.44 7731 4TH AVE S 3402824440029 $426.06 7733 PORTLAND AVE S 3502824330008 $559.20 7740 2ND AVE S 3402824430005 $825.48 7744 5TH AVE S 3402824440031 $621.33 7744 12TH AVE S 3502824340002 $505.94 7745 LYNDALE AVE S 3402824330081 $1,482.32 7745 2ND AVE S 3402824430077 $470.44 $77,790.83 Page 1 of 1 AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #6.C. STAFF RE P ORT NO. 143 CIT Y COUNCIL ME E T ING 9/11/2018 RE P O RT P RE PA RE D B Y: C hris L ink, Operations S uperintendent D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector 9/4/2018 O THE R D E PA RTM E NT RE V IE W: C hristopher Regis, F inance Manager C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager 9/6/2018 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the adoption of a resolution declaring costs to be assessed for removal of diseased trees from private property for work ordered in 2017 and scheduling a public hearing for October 9, 2018. E X E C UT IV E S UM M ARY: T he health of trees within municipal limits is threatened by shade tree diseases and it is the City’s responsibility to control and prevent the spread of these diseases. I f the City deems it necessary to remove a diseased tree on private property, the property owners have three options available for removal: 1. Remove the tree themselves. 2. Hire and pay a contractor. 3. Hire a contractor and request the cost of the tree removal be assessed against their property tax. I n the period from J anuary 1, 2017 through December 31, 2017, 11 property owners chose the third option. The total amount to be assessed is $36,144.71. RE C O M M E ND E D AC T I O N: By motion: Adopt a resolution de claring costs to be asse ssed and orde ring the preparation for the proposed asse ssme nt roll for the remov al of disease d tre es from priv ate property for work orde re d in 2017 and se t the public he aring date for October 9, 2018. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T I n the early 1970’s, the City of Richfield began a shade tree disease program to assist homeowners in the removal of diseased trees on private property. The following process is how the City ensures property owners are aware of their diseased tree(s). Notification to Property Owners At time of marking for removal, paperwork is left at the property which includes: Removal deadline W hy the tree was marked for removal Assessment information I nformation regarding private contractors Card informing City of owners removal plans City staff contacts for more information I f the tree becomes hazardous or is past the removal time limit an additional deadline letter is sent to the property owner. T he letter is sent to the last known owner, obtained from Hennepin County Property Records and verified with Richfield utility billing records. Occupied Properties As stated above, property owners of diseased trees have three options available for private tree removal: 1. Remove the tree themselves. 2. Hire and pay a contractor. 3. Hire a contractor and request the cost of the tree removal be assessed against their property tax. Vacant Properties I n cases where the property is vacant and no owner can be found, removals must be ordered when trees have passed the removal time limit or become hazardous. A contractor then performs the removal and the cost is assessed to the property. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The work has been completed with prior approval from the affected residents; except in cases of vacant properties. Minnesota State Statute requires the County to be notified of all special assessments. A notice of the hearing on the proposed assessment will be mailed at least two weeks prior to the hearing and shall state in the notice the total cost of the diseased tree removal to the owner. C.C R IT IC AL T IMIN G IS S U E S: The unpaid charges for the removal of the diseased trees must be special assessed for certification to the County Director of Property Taxation and Collection along with current taxes as stated in City Code 825.05 Subd. 3. Unpaid assessments must be reported to Hennepin County by November 30th of each year. D.F IN AN C IAL IMPAC T: The costs to be assessed for the removal of diseased trees on private property for work ordered during the period J anuary 1, 2017, through December 31, 2017, have been determined to be $36,144.71. The property owner may pay the original principal amount without interest within 30 days from the date the Council adopts the assessment. The unpaid balance will be spread over five years with a five percent interest rate. The original source of funding to have the work done is through the City’s Permanent I mprovement Revolving Fund. E.L E GAL C ON S ID E R AT ION: T he City Attorney will be in attendance at the Council meeting should a legal question arise. The public hearing notice is to be published on September 20, 2018. ALTE R N AT IV E R E C O MME N D ATIO N(S): None. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: I mpacted property owners AT TAC H ME N T S: D escription Type Resolution Resolution L etter RESOLUTION NO. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 2017 TO DECEMBER 31, 2017. WHEREAS, costs have been determined for the removal of diseased trees from private properties in the City of Richfield and the expenses incurred or to be incurred for such work ordered during the period of January 1, 2017 through December 31, 2017 amount to $36,144.71. Address Address PID Amount 809 E 70th St 3502824210003 $2,681.88 2312 W 70th St 3202824110011 $3,647.35 6221 5th Ave 2702824110027 $3,900.00 6520 15th Ave 2602824130080 $7,200.00 7214 13th Ave 3502824130114 $858.20 7236 1st Ave 3402824130062 $4,183.73 7300 12th Ave 3502824240017 $804.56 7308 Columbus Ave 3502824230026 $4,877.00 7321 Knox Ave 3302824240051 $4,559.19 7333 Upton Ave 3202824130048 $1,555.49 7401 Wentworth 3402824310032 $1,877.31 TOTAL $36,144.71 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The total cost to be assessed against benefited property owners is declared to be $36,144.71. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such work against each benefited property, and shall file a copy of such proposed assessment in their office for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 4. A hearing shall be held on the 9th day of October, 2018 in the Richfield Municipal Center - Council Chambers at 7:00 p.m., or as soon as hereafter it may be reached on the agenda, to pass upon such proposed assessment and at such time and place all persons owning property affected by said diseased tree removal assessment will be given an opportunity to be heard in reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment at least two weeks prior to the hearing and shall state in the notice the total cost of the diseased tree removal. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted by the City Council of the City of Richfield this 11th day of September, 2018. ______________________________ Pat Elliott, Mayor ATTEST: _________________________________ Elizabeth VanHoose, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #6.D. STAFF RE P ORT NO. 144 CIT Y COUNCIL ME E T ING 9/11/2018 RE P O RT P RE PA RE D B Y: C hris Regis, F inance Manager D E PA RTME NT D IRE C TO R RE V IE W: S teven L . D evich, C ity Manager 9/6/2018 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager 9/6/2018 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the adoption of a resolution declaring costs to be assessed for current services performed for weed elimination from private property and removal or elimination of public health or safety hazards from private property. E X E C UT IV E S UM M ARY: Minnesota State Statutes provide that the City may levy a special one year assessment for the elimination of public health or safety hazards or the elimination of weeds from private properties. The special assessments are based on costs incurred by the City in connection with the abatement of weeds or public health or safety hazards on certain properties in the City that are not properly maintained. The owners of the subject properties are notified by the City to take corrective action with regard to the issue with the property. I f the specific property issues were not abated within the proper time limit the City would take the corrective action necessary and bill the property owner. I n all cases, property owners will be notified that any unpaid charges or fees may be assessed against the property. RE C O M M E ND E D AC T I O N: By motion: Adopt a resolution declaring costs to be assessed and ordering the 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 the public hearing date for October 9, 2018. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T N/A B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The nuisance properties were not maintained by the owners and the City incurred costs to abate the nuisance. Minnesota State Statutes and Richfield City Code provide that the City may levy a special one- year assessment for these costs. Notice of the certification will be published in the Sun Current September 20, 2018. C.C R IT IC AL T IMIN G IS S U E S: N/A D.F IN AN C IAL IMPAC T: The proposed special assessment for the elimination of public health or safety hazards from private property is $10,734.67 with an additional 5% interest penalty. The proposed special assessment for weed elimination from private property is $1,875.00 with an additional 5% interest penalty. Costs incurred for city staff time in the cleanup of the properties or to remove the weeds are included in the special assessment amount. A $25.00 administrative fee is charged to all properties. The affected property owner may prepay the original principal amount without interest within 30 days from the date the Council adopts the assessment, scheduled for October 9, 2018. I f the original principal amount is not paid, the assessment will be charged 5% interest. E.L E GAL C ON S ID E R AT ION: No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. ALTE R N AT IV E R E C O MME N D ATIO N(S): Do not adopt the resolution and have the costs absorbed by the City. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type Resolution Resolution L etter RESOLUTION NO. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR WEED ELIMINATION FROM PROVATE PROPERTY AND REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE PROPERTY. WHEREAS, costs have been determined for weed elimination and removal or elimination of public health or safety hazards from private properties in the City of Richfield and the expenses incurred or to be incurred for such work ordered amount to $12,609.67. Property Address Property ID Number Weed Elimination Public Health or Safety Hazards 1820 66th Street W 28-028-24-24-0089 125.00 - 2601 66th Street W 29-028-24-41-0049 - 110.00 6319 Humboldt Ave 28-028-24-12-0055 125.00 - 6600 4th Ave S 27-028-24-41-0044 250.00 572.20 6633 Elliot Ave 26-028-24-31-0040 125.00 - 6735 Portland Ave S 26-028-24-32-0134 125.00 - 6821 Xerxes Ave 29-028-24-43-0091 250.00 - 6944 Pleasant Ave S 27-028-24-33-0027 - 9,535.06 7026 17th Ave S 35-028-24-11-0049 125.00 - 7028 Oakland Ave S 35-028-24-22-0092 125.00 - 7115 18th Ave S 35-028-24-11-0017 - 517.41 7144 4th Ave S 34-028-24-11-0044 375.00 - 7438 Clinton Ave S 34-028-24-41-0081 125.00 - 7525 Emerson Ave 33-028-24-42-0135 125.00 - Total $1,875.00 $10,734.67 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The total cost to be assessed against benefited property owners is declared to be $12,609.67. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such work against each benefited property, and shall file a copy of such proposed assessment in her office for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 4. A hearing shall be held on the 9th day of October, 2018 in the City Hall Council Chambers at 7:00 p.m., or as soon as hereafter as it may be reached on the agenda, to pass upon such proposed assessment and at such time and place all persons owning property affected by the weed elimination and/or removal of public health or safety hazards assessment will be given an opportunity to be heard in reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment at least two weeks prior to the hearing and shall state in the notice the total cost of the weed elimination and the removal or elimination of public health or safety hazards. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted by the City Council of the City of Richfield this 11th day of September, 2018. ______________________________ Pat Elliott, Mayor ATTEST: _________________________________ Elizabeth VanHoose, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #6.E. STAFF RE P ORT NO. 145 CIT Y COUNCIL ME E T ING 9/11/2018 RE P O RT P RE PA RE D B Y: C hris Regis, F inance Manager D E PA RTME NT D IRE C TO R RE V IE W: S teven L . D evich, C ity Manager 9/6/2018 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager 9/6/2018 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the adoption of a resolution declaring costs to be assessed for unpaid false alarm user fees against private property. E X E C UT IV E S UM M ARY: Richfield City Code and City Charter allow the City to specially assess delinquent false alarm user fees against the respective properties. State Statutes provide that the City may levy a special one year assessment for these costs. Unpaid alarm user fees must be paid to the City within 30 days from the date of written notice by the City to the alarm user. Fees not paid within the time specified will be subject to a 10% penalty charge. The special assessment for unpaid false alarm user fees from private properties is to recover costs incurred by the City in connection with the response by public safety to an alarm call on certain properties in the City that turns out to be false. RE C O M M E ND E D AC T I O N: By motion: Adopt a resolution declaring costs to be assessed and ordering the preparation of the proposed assessment roll for unpaid false alarm user fees against private property and setting the public hearing date for October 9, 2018. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T N/A B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Richfield City Code section 915.07 Subd. 3 and chapter 8.02 of the City Charter allows the City to specially assess delinquent false alarm user fees against the respective properties. Minnesota State Statutes provide that the City may levy a special one-year assessment for these costs. Notice of the certification will be published in the Sun Current September 20, 2018. C.C R IT IC AL T IMIN G IS S U E S: N/A D.F IN AN C IAL IMPAC T: A 10% penalty charge is applied to all properties which have not paid within the time specified. The proposed special assessment for unpaid false alarm user fees from private property is $1,320.00 with an additional 5% interest charge on the assessment. The affected property owner may prepay the original principal amount without interest within 30 days from the date the Council adopts the assessment, scheduled for October 9, 2018. I f the original principal amount is not paid, the assessment will be charged 5% interest. E.L E GAL C ON S ID E R AT ION: No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. ALTE R N AT IV E R E C O MME N D ATIO N(S): Do not approve a resolution and have the costs absorbed by the City. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type Resolution Resolution L etter RESOLUTION NO. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR UNPAID FALSE ALARM FEES FROM PROVATE PROPERTY. WHEREAS, costs have been determined for unpaid false alarm fees from private properties in the City of Richfield in the amount of $1,320.00. Unpaid False Property Address Property ID Number Alarm Fee 1732 66th Street E 1800 66th Street E 2936 66th Street W 6521 Nicollet Ave 700 78th Street W 7200 17th Ave S 740 78th Street W 7529 18th Ave S 26-028-24-14-0130 26-028-24-14-0131 29-028-24-13-0081 27-028-24-13-0116 33-028-24-44-0234 35-028-24-14-0018 33-028-24-44-0232 35-028-24-41-0061 $ 110.00 220.00 110.00 110.00 220.00 330.00 110.00 110.00 Total $1,320.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The total cost to be assessed against benefited property owners is declared to be $1,320.00. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for costs incurred against each benefited property, and shall file a copy of such proposed assessment in her office for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 4. A hearing shall be held on the 9th day of October, 2018 in the City Hall Council Chambers at 7:00 p.m., or as soon as hereafter as it may be reached on the agenda, to pass upon such proposed assessment and at such time and place all persons owning property affected by the unpaid false alarm fee assessment will be given an opportunity to be heard in reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment at least two weeks prior to the hearing and shall state in the notice the total cost of the unpaid false alarm fees. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted by the City Council of the City of Richfield this 11th day of September, 2018. ______________________________ Pat Elliott, Mayor ATTEST: _________________________________ Elizabeth VanHoose, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #6.F. STAFF RE P ORT NO. 146 CIT Y COUNCIL ME E T ING 9/11/2018 RE P O RT P RE PA RE D B Y: C hris Regis, F inance Manager D E PA RTME NT D IRE C TO R RE V IE W: S teven L . D evich, C ity Manager 9/6/2018 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager 9/6/2018 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the adoption of a resolution approving eligible deferral of special assessments against an owner occupied property. E X E C UT IV E S UM M ARY: Under Minnesota law, cities are authorized to defer the payment of special assessments for any homestead property that meet certain requirements. The City Council most recently approved an updated policy for the deferment of special assessments at the September 12, 2017, City Council meeting. One application for deferment of special assessments has been received. The property, 6520 15th Avenue, meets the requirements as outlined in the City policy. The amount of the proposed deferred assessment is $7,200.00. RE C O M M E ND E D AC T I O N: By motion: Adopt a resolution approving eligible deferral of special assessments against owner occupied homestead properties in hardship cases for qualifying owners. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T N/A B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Resolution No. 11385, approved by the City Council on September 12, 2017, authorizes the City to approve requests for the deferment of special assessments upon homestead properties owned by persons 65 years of age or older or by persons of permanent total disability, or for members of the Minnesota National Guard or other military reserves, for whom it would be a hardship to pay such special assessments. One application for deferral of payment of special assessments has been received. The request is for 2017 tree removal assessment, payable 2019, in the amount of $7,200.00. Staff has determined that the applicant is eligible according to the provisions contained in Resolution No. 11385 dated September 12, 2017. C.C R IT IC AL T IMIN G IS S U E S: N/A D.F IN AN C IAL IMPAC T: The amount of the special assessment to be deferred is $7,200.00. E.L E GAL C ON S ID E R AT ION: N/A ALTE R N AT IV E R E C O MME N D ATIO N(S): Do not adopt the resolution deferring the special assessment; however, this may cause severe financial hardship for the applicant. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type Resolution Resolution L etter RESOLUTION NO. RESOLUTION APPROVING ELIGIBLE DEFERRAL OF SPECIAL ASSESSMENTS AGAINST OWNER OCCUPIED HOMESTEAD PROPERTIES IN HARDSHIP CASES FOR QUALIFYING OWNERS WHEREAS, Resolution No. 11385 was passed by the City Council on September 12, 2017, establishing procedures for deferment of special assessments against owner occupied homestead properties of persons 65 years of age or older and persons permanently and totally disabled, and, owned by a person who is a member of the Minnesota National Guard or other military reserves who is ordered into active military service for whom it would be a hardship to make payments; WHEREAS, application for deferral of payment of special assessments have been made on forms prescribed by the county auditor and the homeowner has furnished the city the necessary information for determining eligibility in compliance with Minnesota Statutes, Section 435.193 to 435.195. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that the following owner-occupied property be approved for deferral of special assessments as listed below: PROPERTY ID AMOUNT 26-028-24-13-0080 $7,200.00 1. Such deferral of payment of special assessments shall terminate and all amounts accumulated, plus applicable interest, shall become due upon the occurrence of any of the following events: (a) death of the owner, provided that the surviving spouses is not eligible for the benefits hereunder; (b) the sale, transfer or subdivision of the property or any part thereof; (c) if the property should for any reason lose its homestead status; or (d) if for any reason the taxing authority deferring the payments shall determine that there would be no hardship to require immediate or partial payment. 2. That the City Clerk is hereby authorized to certify a copy of this resolution to the County Auditor of Hennepin County, Minnesota. Passed by the City Council of the City of Richfield, Minnesota this 11th day of September, 2018. _______________________ Pat Elliott, Mayor ATTEST ______________________ Elizabeth VanHoose, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #6.G. STAFF RE P ORT NO. 147 CIT Y COUNCIL ME E T ING 9/11/2018 RE P O RT P RE PA RE D B Y: Jesse S wenson, A ssistant HR Manager D E PA RTME NT D IRE C TO R RE V IE W: S teven L . D evich, C ity Manager 9/6/2018 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager 9/6/2018 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the adoption of a resolution designating the City's contribution towards health, dental, term life, and disability insurance premiums for 2019 for General Services, Management, Fire bargaining unit, Police bargaining unit, Sergeant bargaining unit, and Lieutenant bargaining unit. E X E C UT IV E S UM M ARY: The City contributes to the cost of premiums for four kinds of insurance coverages available to City employees. The full-time employee contributions are discussed within this staff report as well as contributions toward health insurance for part-time regular General Services employees. The Local Government I nformation Systems Association (L OGI S) group changed insurance carriers in 2017 to HealthPartners health insurance. As part of the 5 year contract, rate banding was introduced, along with rate caps for each of the contract years. For 2019, the City will realize a 4.8% increase in premiums because of our position on the rate band. Rate banding provides a spectrum of up to 5% premium increases or decreases based on each L OGI S member's claims experience. I n subsequent contract years, the rates are capped at 11% and 12% respectively. The 2019 dental rates have increased by $0.25 for employee-only coverage. The City self-insures its dental coverage. Life insurance rates will remain the same as the 2018 contract year. The City's Long Term Disability provider, C I GNA, extended beyond its three year contract and kept the rates the same for 2019. The City's HR division negotiated 2018-19 union contracts with the groups representing fire, police and police supervisors. All four union groups agreed to accept the same insurance contributions as General Services and Management employees in 2019. As such, each respective union contract includes language on this topic. The City's fifth union, Labor & Trades, has not negotiated this same language. RE C O M M E ND E D AC T I O N: By motion: Adopt a resolution designating the City's contribution toward health, dental, term life, and disability insurance premiums for 2019 for General Services, Management, Fire bargaining unit, Police Officer bargaining unit, Sergeant bargaining unit, and Lieutenant bargaining unit. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T HE A LTH I NS URA NC E F OR FULL-TI ME E MP L OY E E S The first type of insurance coverage available to full-time employees is group health coverage. The City will offer plans through HealthPartners (HP). I n 2019, the City will offer employees a choice of three HP plans, with the choice of three networks for all plans. The plans include three high deductible plans with a Health Savings Account (HS A). Employees can choose between the Open Access, Perform, and the Achieve networks. The Perform network is slightly less costly because it does not include Mayo in its in- network, and the Achieve network is up to five percent less than the other networks because it includes only HealthPartners and Park Nicollet Care Systems. I n an effort to remain flexible and keep rate increases as low as possible, LOGI S will continue to offer a four-tier system, giving employees the choice of employee only, employee plus spouse, employee plus child(ren) and family option coverage. By providing this four-tier rating system, some employees are able to benefit by choosing the employee plus spouse option or employee plus child(ren) option. The City will continue to pay the full individual employee premium and provide an additional contribution toward dependent coverage up to a specified maximum insurance premium. The health insurance premium increase for 2019 is 4.8%. Staff is proposing that the City contribution increase by $32 to $1,227 per month for the employee plus spouse and employee plus child(ren) tiers and by $40 to $1,330 per month for the family coverage tier. The 2019 monthly premium costs of the three offered health plans are dependent on the type of network selected. Full-time employees have the option to waive health insurance coverage through the City. Employees electing to waive coverage will not receive an additional monthly stipend because of the Patient Protection and Affordable Care Act (A C A). The A C A could deem any incentive to employees to waive coverage as a violation of anti-discrimination rules. The City's contribution amounts for employees, as a percent of premium over the past several years, is shown in Attachment 1. HE A LTH I NS URA NC E F OR PA RT-TI ME RE GUL A R E MP LOY E E S The City will continue to contribute 75% of the single health care premium for part-time regular employees. The City will also continue to pay one-half of what it pays for full-time employees towards dependent coverage. I n 2019 City contributions will increase to $613.50 per month for the employee plus spouse and employee plus child(ren) tiers and $665.00 per month for the family coverage tier. Part-time employees may opt out of health insurance altogether. D E NTA L The second type of insurance provided to full-time employees is a self-funded group dental insurance. I n 2018, the City contributed $59.50 per month per employee for the total cost of employee (not dependent) coverage. For 2019, the City’s contribution will increase to $59.75 per month per employee. Employees who desire family coverage must pay the full cost of such additional premium, which will be $64.75 per month for 2019 – a twenty-five cent increase from 2018. Since dental insurance is self-funded, the City establishes the dental rates from year to year internally, based upon administrative and benefit payout cost data. Analysis of the dental fund performance for the past three years indicates that a rate increase is necessary. LI F E The third type of insurance provided to full-time employees is a $35,000 term life insurance policy. The City pays the full premium for this insurance. The rate for 2019 will remain at $1.75 per month per employee. L ONG-TE RM D I S A B I L I TY (LTD) The fourth type of insurance provided, and fully-funded by the City, to all full-time employees in all employee groups is long-term disability insurance (LTD). LTD is provided through a group policy secured by the City. C I GNA guaranteed its same rate beyond the three-year contract. The LTD rate for 2016-2019 is 21 cents per $100 of covered payroll. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The City continues to provide adequate insurance protection for its employee groups, which are comparable to employees performing similar jobs in comparable communities. By providing the same coverages, greater benefit equality is achieved between female classes found in General Services and Management groups and male classes found in the contracted labor units. C.C R IT IC AL T IMIN G IS S U E S: The City should implement the premium increases for coverage by December 1, 2018. Payroll deductions for J anuary 2019 insurance payments - the beginning of the new insurance period - are calculated in December. Premiums for all coverages should be determined at the September 11, 2018 City Council meeting in order for staff to be adequately prepared for open enrollment, scheduled to begin late October 2018. D.F IN AN C IAL IMPAC T: The funding necessary to provide for the premium contributions as recommended will be addressed in the 2019 Budget and within the current proposed 2019 tax levy. The proposed 2019 City contributions towards health insurance result in an increase to dependent health insurance by $32 per month for employee plus spouse and employee plus child(ren) coverage and by $40 per month for family coverage. Richfield's contribution will remain about average with those of comparable metro cities. E.L E GAL C ON S ID E R AT ION: I n order to provide the requested insurance benefit changes, the City Council must approve the resolution designating the City's contribution toward health, term life, long-term disability, and dental insurance premiums for General Services, Management, Fire bargaining unit, Police Officer bargaining unit, Sergeant bargaining unit, and Lieutenant bargaining unit. ALTE R N AT IV E R E C O MME N D ATIO N(S): The Council may decide to adjust the City's contribution to dependent health insurance by an amount other than $32 per month and $40 per month. The Council may take no action which would maintain the insurance premiums at the current 2018 funding level. Defer discussion to another date. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type Resolution Resolution L etter A ttachment 1 B ackup Material RESOLUTION NO. _____ RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH, DENTAL, TERM LIFE, AND DISABILITY INSURANCE PREMIUM FOR GENERAL SERVICES, MANAGEMENT, FIRE, AND POLICE EMPLOYEES WHEREAS, the hospital-medical/surgical group health insurance plan is available from the LOGIS Health Insurance program for City employees and their dependents; and WHEREAS, a self-funded group dental insurance plan is available to full-time City General Services, Management, Fire, and Police employees and their dependents; and WHEREAS, a term life and accidental death and dismemberment insurance plan is available from the Local Government Information Systems Association (LOGIS) for full-time City General Services, Management, Fire, and Police employees and their dependents; and WHEREAS, a group long-term disability program is available to full-time City General Services, Management, Fire, and Police employees; and WHEREAS, the City Council is required to determine by resolution the City's contribution toward the premium for employee group insurance coverages. NOW, THEREFORE, BE IT RESOLVED that the City shall contribute a maximum of $1,330 per month for family health insurance to full-time employees, and in any event, said contributions shall not exceed the cost of single coverage for employees selecting that option. For all full-time General Services, Management, Fire, and Police employees, the City shall also pay the $59.75 monthly premium for the offered dental insurance plan, and the $1.75 monthly premium for the term life and accidental death and dismemberment insurance plan, for a total possible maximum 2019 insurance premium contribution of $1,391.50 per month. The City shall contribute 75% of the single health care premium for part-time regular employees and a maximum of $665.00 per month towards dependent coverage. Such contributions shall be for coverage effective January 1, 2019. BE IT FURTHER RESOLVED that the City shall contribute the full cost of long-term disability insurance for full-time General Services, Management, Fire, and Police employees. BE IT FURTHER RESOLVED that the City Council shall determine the City's contribution toward insurance premiums for all organized employee groups by the adoption of the appropriate resolutions concerning labor contracts with the respective organized employee groups. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of September 2018. _____________________________ Pat Elliott, Mayor ATTEST: _________________________ Elizabeth VanHoose, City Clerk Attachment 1 The City's Contribution Toward Dependent Health Insurance as a Percent of Total Premium Cost YEAR HEALTH DEPENDENT CITY CONTRIBUTION CITY CONTRIBUTION PLAN PREMIUM MGMT./GEN. SVCS AVERAGE % OF COST PREMIUM 2009 HealthPartners Open Access Choice * Employee + Spouse $1226.94 $780 64% * Employee + Children $1162.48 $780 67% * Family $1518.16 $830 55% Distinctions * Employee + Spouse $1146.01 $780 68% * Employee + Children $1082.68 $780 72% * Family $1414.98 $830 59% High Deductible HSA $1150 * Employee + Spouse $ 868.94 $780 90% * Employee + Children $ 820.92 $780 95% * Family $1072.05 $830 77% High Deductible HSA $2500 * Employee + Spouse $ 807.87 $780 97% * Employee + Children $ 763.24 $780 102% * Family $ 996.69 $830 83% 2010 HealthPartners Open Access Choice * Employee + Spouse $1418.74 $855 60% * Employee + Children $1344.21 $855 64% * Family $1755.49 $905 52% Distinctions * Employee + Spouse $1325.16 $855 65% * Employee + Children $1251.93 $855 68% * Family $1635.02 $905 55% High Deductible HSA $2500 * Employee + Spouse $ 934.16 $855 92% * Employee + Children $ 882.55 $855 97% * Family $1152.50 $905 78% 2011 HealthPartners Open Access Choice * Employee + Spouse $1562.16 $915 59% * Employee + Children $1480.10 $915 62% * Family $1932.99 $965 50% Distinctions * Employee + Spouse $1459.12 $915 63% * Employee + Children $1378.49 $915 66% * Family $1800.32 $965 54% High Deductible HSA $2500 * Employee + Spouse $1032.52 $915 89% * Employee + Children $ 975.48 $915 94% * Family $1274.10 $965 76% 2012 Blue Cross Blue Shield Open Access Choice * Employee + Spouse $1295.00 $915 71% * Employee + Children $1233.00 $915 74% * Family $1603.00 $965 60% Distinctions * Employee + Spouse $1144.50 $915 80% * Employee + Children $1089.50 $915 84% * Family $1416.50 $965 68% High Deductible HSA $2500 * Employee + Spouse $854.50 $915 107% * Employee + Children $814.00 $915 112% * Family $1058.00 $965 91% 2013 Blue Cross Blue Shield Distinctions * Employee + Spouse $1242.00 $950 76% * Employee + Children $1182.00 $950 80% * Family $1537.00 $1000 65% High Deductible HSA $2500 * Employee + Spouse $927.00 $950 102% * Employee + Children $883.00 $950 108% * Family $1148.00 $1000 87% 2014 Blue Cross Blue Shield Distinctions * Employee + Spouse $1407.00 $990 70% * Employee + Children $1339.00 $990 74% * Family $1741.50 $1040 60% High Deductible HSA $2500 * Employee + Spouse $1050.50 $990 94% * Employee + Children $1000.50 $990 99% * Family $1300.50 $1040 80% 2015 Blue Cross Blue Shield Distinctions * Employee + Spouse $1555.74 $1045 67% * Employee + Children $1480.74 $1045 71% * Family $1925.74 $1100 57% High Deductible HSA $2600 * Employee + Spouse $1160.74 $1045 90% * Employee + Children $1105.74 $1045 95% * Family $1436.74 $1100 77% 2016 Blue Cross Blue Shield Distinctions * Employee + Spouse $1734.50 $1135 65% * Employee + Children $1651.00 $1135 69% * Family $2147.00 $1215 57% High Deductible HSA $2600 * Employee + Spouse $1294.00 $1135 88% * Employee + Children $1233.00 $1135 92% * Family $1602.00 $1215 76% High Deductible HSA $4000 * Employee + Spouse $1182.50 $1135 96% * Employee + Children $1126.00 $1135 101% * Family $1463.50 $1215 83% 2017 HealthPartners High Deductible HSA $2600 * Employee + Spouse $1218.00 $1135 93% * Employee + Children $1160.00 $1135 98% * Family $1507.50 $1215 81% High Deductible HSA $4000 * Employee + Spouse $1113.00 $1135 102% * Employee + Children $1060.00 $1135 107% * Family $1378.00 $1215 88% 2018 HealthPartners High Deductible HSA $2700 * Employee + Spouse $1315.00 $1195 91% * Employee + Children $1252.50 $1195 95% * Family $1628.00 $1290 79% High Deductible HSA $4000 * Employee + Spouse $1213.50 $1195 98% * Employee + Children $1155.50 $1195 103% * Family $1502.00 $1290 86% 2019 HealthPartners High Deductible HSA $2700 * Employee + Spouse $1378.00 $1227 89% * Employee + Children $1312.50 $1227 93% * Family $1706.50 $1330 78% High Deductible HSA $4000 * Employee + Spouse $1271.50 $1227 97% * Employee + Children $1211.00 $1227 101% * Family $1574.50 $1330 84% AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #6.H. STAFF RE P ORT NO. 148 CIT Y COUNCIL ME E T ING 9/11/2018 RE P O RT P RE PA RE D B Y: Jay Henthorne, D irector of P ublic S afety/C hief of P olice D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice 8/21/2018 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the adoption of a resolution authorizing acceptance of Office of Traffic Safety (O TS) funds for an extension on an original four-year grant to fully fund an officer and fully equipped squad car dedicated for D W I enforcement in Richfield. E X E C UT IV E S UM M ARY: The National Highway Traffic Safety Administration (NHTS A) is providing federal funding to the OTS to implement a program to support eight full time officers and equipment needed to enforce traffic laws, including squad cars to be used solely for D W I enforcement. Eight counties, including Hennepin, were chosen to receive grant funding. The grant is administered through the OTS. The grant will be guaranteed for four years, but will be written for one federal fiscal year at a time. The City of Richfield has received an extension and has been awarded $91,246 for 2019. RE C O M M E ND E D AC T I O N: By motion: Adopt a resolution allowing the Richfield Department of Public Safety to accept grant monies from the Office of Traffic Safety (O TS) for an extension on an original four-year grant to fully fund an officer and fully equipped squad car dedicated for D W I enforcement in Richfield. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T I n 2013, it was estimated that by the National Safety Council that the cost of alcohol-related crashes in Minnesota was $235 million. I n that same year, 20 percent of those involved in alcohol related crashes were seriously injured and another 30 percent were killed. The average number of D W I arrests per year in Richfield is 124. The goal is to increase that to 175 D W I arrests per year. I n 2014, Richfield had 18 D W I crashes. From October 1, 2015, to September 30, 2016, there were 16 D W I crashes, which is the fiscal year for State of Minnesota agencies. (As of the date of this staff report we are unable to get updated statistical data from the State of Minnesota) Minnesota Motor Vehicle Crash Facts data show that the hours between 5:00 p.m. and 5:00 a.m. as having the highest concentration of alcohol related crashes. The D W I officer's work shift will be from 5:00 p.m. to 5:00 a.m. with a minimum of two Fridays and two Saturdays per month to be a required part of the D W I officer's schedule. Statistics will be checked daily, including but not limited to: speed tickets, seat belt tickets, texting tickets, "Not a Drop" tickets and warnings associated with these statistics. Proactive criminal interdiction patrol would also be implemented. The City of Richfield has been approved to receive $91,246 from the D W I Officer grant for 2019. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Public Safety does not accept financial support unless it is designated for a specific program that will affect the department as a whole. The grant money will be used by Public Safety to pay for one full-time police officer salary; including overtime and/or training. Minnesota Statute 465.03 requires that every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. The Administrative Services Department issued a memo on November 9, 2004, requiring that all grants and restricted donations to departments be received by resolution and by a two-thirds majority of the City Council in accordance with Minnesota Statute 465.03. C.C R IT IC AL T IMIN G IS S U E S: The total length of the grant is expected to be for four years, however, grants will be written for one federal fiscal year at a time and the City of Richfield has received an extension on an original four-year grant to fully fund an officer and fully equipped squad car dedicated for D W I enforcement in Richfield. D.F IN AN C IAL IMPAC T: Federal guidelines require this money be spent on projects designed to reduce D W I incidents. Both the officer and majority of the equipment funded by the grant can only be used for the enforcement of laws prohibiting driving while impaired. I f the D W I officer responds to, or is called to an incident for something other than an alcohol-related driving offense, the time spent on non- D W I related enforcement exceeding 15 successive minutes must be paid for by the agency. The vehicle will be assigned to and driven solely by the D W I officer. The Richfield Department of Public Safety has developed a work plan and budget that have been approved by the OTS. The grant will cover one full-time sworn officer, fringe benefits and a squad car with the necessary equipment to enforce traffic laws. Squad operating costs per mile, maintenance, uniforms and weapons are not covered by the grant. The Richfield Department of Public Safety has funds budgeted for items not covered by the grant. E.L E GAL C ON S ID E R AT ION: There are no legal considerations. ALTE R N AT IV E R E C O MME N D ATIO N(S): Council could disapprove the acceptance of the grant monies but the Richfield Department of Public Safety would then not be able to dedicate an officer and fully equipped squad car to D W I enforcement. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type Resolution Resolution L etter Grant A greement C ontract/A greement RESOLUTION NO. RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT GRANT MONIES FROM THE OFFICE OF TRAFFIC SAFETY IN THE AMOUNT OF $91,246 OR A LESSER AMOUNT, AS AWARDED BY THE DEPARTMENT OF PUBLIC SAFETY, TO FUND A POLICE OFFICER AND FULLY EQUIPPED SQUAD DEDICATED TO DWI ENFORCEMENT. WHEREAS, Richfield Police Department has been approved by the Office of Traffic Safety (OTS) to receive funds made available to eight Counties in the State of Minnesota through federal funding provided by the National Highway Traffic Safety Administration (NHTSA); and WHEREAS, Richfield is scheduled to be awarded $91,246 or a lesser amount as awarded by the Minnesota Department of Public Safety to be used as designated by the grant agreement which mandates that the funds be used to support one full time officer, a squad car and the equipment dedicated to DWI enforcement for an extension of the original term of four years; and, WHEREAS, Richfield has agreed that the Minnesota Department of Public Safety will serve as the fiscal agent; and, WHEREAS, in accordance with the agreement, squad operating costs per mile, maintenance, uniforms, weapons and time spent in excess of 15 minutes on non-DWI related calls will be covered by the Richfield Police Department; and, WHEREAS, Richfield Police has established an approved budget with the OTS for $91,246 or a lessor amount for the DWI enforcement program; and, NOW, THEREFORE, BE IT RESOLVED that the City of Richfield, Public Safety Department enter into a grant agreement with the Minnesota Department of Public Safety, for traffic safety enforcement projects during the period from October 1, 2018 to September 30, 2019. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of September, 2018. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #6.I. STAFF RE P ORT NO. 149 CIT Y COUNCIL ME E T ING 9/11/2018 RE P O RT P RE PA RE D B Y: Jennifer A nderson, S upport S ervices Manager D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice 8/28/2018 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager 9/6/2018 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the approval of the 2018-2019 contract with the City of Bloomington, using public health emergency preparedness grant funds distributed by a federal grant from the Centers for Disease Control, to provide services in the area of public health emergency preparedness/bio- terrorism and the development of a response system. E X E C UT IV E S UM M ARY: The City of Richfield has had a public health emergency preparedness contract with the City of Bloomington to provide public health emergency preparedness services on Richfield's behalf for fifteen years. This is Richfield's 2018-2019 contractual agreement with Bloomington. The City will receive $52,324 for the grant cycle that runs from J uly 1, 2018 to J une 30, 2019. The contract with the City of Bloomington for this same period of time for public health emergency preparedness is in the amount of $48,324, of which $12,000 is being passed through directly to Bloomington to meet the Cities Readiness I nitiative (C RI ), which is intended to be used metro wide to regionally fund public health emergency preparedness planning, exercise, training and activities. A remaining amount of $4,000 is retained by Richfield for our staff time, training, planning and exercise in public health emergency preparedness activities. RE C O M M E ND E D AC T I O N: By motion: Approve the the 2018-2019 contract with the City of Bloomington, using public health emergency preparedness grant funds distributed by a federal grant from the Centers for Disease Control, to provide services in the area of public health emergency preparedness/bio-terrorism and the development of a response system. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T The State of Minnesota has received funds from the federal government (C D C) to be used in developing agencies' public health emergency preparedness/response to bio-terrorism or a large public health disease outbreak. This is part of a nationwide effort to respond to serious public health emergencies. There are specific requirements in the grant in the areas of coordination, assessment, planning and exercise, response surveillance, Health Alert Network, risk communications training and providing services and activities to improve the mass dispensing of medicines and medical supplies through the Cities Readiness I nitiative. Richfield continues to pool these federal grant dollars with Bloomington and Edina with a portion used to support a Public Health Emergency Response Coordinator for the three cities. Nick Kelley, Public Health Emergency Preparedness Coordinator, is representing the Tri-City area (Boomington, Edina and Richfield) and has been regularly meeting with Richfield and Edina staff to plan and develop the requirements of the grant. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The City of Richfield became a Local Public Health agency in 1977, which makes the City eligible to receive these grant funds to use for the development of a public health emergency response system specific to Richfield and its needs. C.C R IT IC AL T IMIN G IS S U E S: These funds are part of a nationwide effort by the federal government to respond to serious public health emergencies, including threats of bio-terrorism. D.F IN AN C IAL IMPAC T: Funds being used are those given to Richfield as a Local Public Health agency, from the federal government, to develop a system for responding to public health emergency preparedness and bio-terrorism threats. E.L E GAL C ON S ID E R AT ION: The City must comply with the requirements of the grant in order to receive the funds. The City Attorney has reviewed the contents of the contract and has approved it. ALTE R N AT IV E R E C O MME N D ATIO N(S): The City Council could decide not to approve the contract with the City of Bloomington for the services of a Public Health Emergency Preparedness Coordinator in developing a public health emergency preparedness/bio-terrorism plan. This would mean the City would have to hire a staff person to assume some of the grant responsibilities, which cannot be met with current city staffing levels and would result in a significant budget increase. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type A greement C ontract/A greement C ertificate of Insurance B ackup Material Agreement ID: 2018-____ PUBLIC HEALTH PREPAREDNESS SERVICES AGREEMENT BETWEEN THE MINNESOTA CITIES OF BLOOMINGTON AND RICHFIELD THIS AGREEMENT is made this first day of July, 2018 (“Effective Date”) by and between the CITY OF BLOOMINGTON, MINNESOTA, a Minnesota municipal corporation, acting through its Public Health Division, located at 1800 West Old Shakopee Road, Bloomington, Minnesota 55431-3027 (“Bloomington”), and the CITY OF RICHFIELD, MINNESOTA, a Minnesota municipal corporation located at 6700 Portland Avenue, Richfield, Minnesota 55423 (“Richfield”). Bloomington and Richfield are herein referred collectively as the “Parties”. RECITALS A. Bloomington warrants and represents that its Division of Public Health is a duly certified public health agency operating in accordance with all applicable federal and state requirements. B. Bloomington's Division of Public Health provides Public Health Emergency Preparedness Services to respond to bioterrorism, infectious diseases, and other threats to public health including, but not limited to coordination, assessment, planning and exercise, response, surveillance, notification, and training (“PH Emergency Preparedness Services”). Bloomington also provides services and activities to improve the mass dispensing of medicines and medical supplies through the Cities Readiness Initiative (“CRI Duties”). C. Richfield wishes to promote, support, and maintain the health of its residents by providing PH Emergency Preparedness Services and Cities Readiness Initiative (“CRI”) planning activities to its residents, and desires to contract with Bloomington to provide such PH Emergency Preparedness Services and CRI Duties. D. Bloomington is willing to provide such PH Emergency Preparedness Services and perform such CRI Duties to residents of Richfield on the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, Richfield and Bloomington agree as follows: AGREEMENT 1. Services to be Provided. Bloomington agrees to provide the residents of Richfield with PH Emergency Preparedness Services and CRI Duties as set forth in Bloomington’s Scope of Services attached hereto as Exhibit A or any supplemental letter agreements, or both, entered into between Richfield and Bloomington (“Services”). The Services referenced in the attached Exhibit A or any supplemental letter agreements shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the 2 level of care and skill ordinarily exercised by contractors currently providing similar services. 2. Time for Completion. This Agreement shall remain in force and effect commencing from Effective Date and continuing until June 30, 2019, unless terminated by either party or amended pursuant to the Agreement. 3. Consideration. The consideration, which Richfield shall pay to Bloomington, shall not exceed $48,324.00, pursuant to the terms of payment set forth in Exhibit B and incorporated herein to this Agreement. 4. Approvals. Bloomington will secure Richfield’s written approval before making any expenditures, purchases, or commitments on Richfield’s behalf beyond those listed in the Services. Richfield’s approval may be provided via electronic mail. 5. Termination. Notwithstanding any other provision hereof to the contrary, either party may terminate this Agreement for any reason upon giving thirty (30) days’ written notice to the other party. In the event of termination: a. The quarterly payment next due shall be prorated and paid for only the period ended on the date of termination, and Richfield shall pay such reduced quarterly payment for the period ended on the date of termination, within fifteen (15) days after receipt of Bloomington’s invoice. b. The Parties may take whatever action at law or in equity that may appear necessary or desirable to collect damages arising from a default or violation or to enforce performance of this Agreement. c. The provisions of this section will continue and survive termination of the Agreement. 6. Amendments. No amendments may be made to this Agreement except with the written consent of the Parties. 7. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, the Parties agree that the books, records, documents, and accounting procedures and practices, that are relevant to the contract or transaction, are subject to examination by the other party and the state auditor or legislative auditor for a minimum of six years. The Parties shall maintain such records for a minimum of six years after final payment. 8. Indemnification. To the fullest extent permitted by law, each party, and its successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the other party, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; or the costs, 3 disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of the indemnifying party’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct, or arising out of the failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the Parties are entitled. The Parties agree that these indemnification obligations will survive the completion or termination of this Agreement. 9. Insurance. To the extent allowed by law, the Parties agree to maintain the following insurance coverages, in an amount equal to, or greater than, the minimum limits described below, and upon request, to provide the other with a certificate of insurance evidencing such coverages: a. Commercial General Liability Insurance in the amount of at least $1,500,000 per occurrence for bodily injury or death arising out of each occurrence, as well as $1,500,000 per occurrence for property damage. In the alternative, each party may maintain a general aggregate of at least $2,000,000. Each party agrees to name the other party as an additional insured on its Commercial General Liability and to provide an endorsement of such status. In addition, each party agrees to notify the other party thirty (30) days prior to cancellation or a change in any of the aforementioned insurance policies. All insurance must be provided at the respective party’s expense and at no additional cost to the other party. b. Bloomington agrees to maintain Workers’ Compensation Insurance as required by Minnesota Statutes, Section 176.181, subd. 2. 10. Subcontracting. Neither Bloomington nor Richfield shall assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreem ent. Nothing contained in this paragraph shall prevent Bloomington from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of services hereunder. Any instrument in violation of this provision is null and void. 11. Assignment. Neither Bloomington nor Richfield shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. 12. Independent Contractor. Bloomington shall be deemed an independent contractor. Bloomington’s duties will be performed with the understanding that Bloomington has special expertise as to the services which Bloomington is to perform and is customarily 4 engaged in the independent performance of the same or similar services for others. All required equipment and personnel shall be provided or contracted for by Bloomington. The manner in which the services are performed shall be controlled by Bloomington; however, the nature of the services and the results to be achieved shall be specified by Richfield. The Parties agree that this is not a joint venture and the Parties are not co -partners. Bloomington is not to be deemed an employee or agent of Richfield and has no authority to make any binding commitments or obligations on behalf of Richfield except to the extent expressly provided herein. All services provided by Bloomington pursuant to this Agreement shall be provided by Bloomington as an independent contractor and not as an employee of Richfield for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 13. Compliance with Laws. The Parties shall exercise due care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Bloomington agrees to provide the Services. 14. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the Parties shall constitute the entire agreement between Bloomington and Richfield, and supersedes any other written or oral agreements between Bloomington and Richfield. This Agreement can only be modified in writing signed by Bloomington and Richfield. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. 15. Third Party Rights. The Parties to this Agreement do not intend to confer on any third party any rights under this Agreement. 16. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 17. Conflict of Interest. Bloomington shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of Richfield. In the event of a conflict of interest, Bloomington shall advise Richfield and either secure a waiver of the conflict or advise Richfield that it will be unable to provide the requested services. 18. Work Products and Ownership of Documents. All records, information, materials and other work products, including, but not limited to the completed reports, drawings, plans, and specifications prepared and developed in connection with the provision of services pursuant to this Agreement shall become the property of Richfield, but reproductions of such records, information, materials and other work products in whole or in part may be retained by Bloomington. Regardless of when such information was provided, Bloomington agrees that it will not disclose for any purpose any information Bloomington 5 has obtained arising out of or related to this Agreement, except as authorized by Richfield or as required by law. These obligations survive the termination of this Agreement. 19. Agreement Not Exclusive. Bloomington retains the right to perform other PH Emergency Preparedness Services and CRI Duties for other entities, in Bloomington’s sole discretion. 20. Data Practices Act Compliance. Any and all data provided to Bloomington, received from Bloomington, created, collected, received, stored, used, maintained, or disseminated by Bloomington pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. The Parties agree to notify the other party within three (3) business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Bloomington to provide access to public data to the public if the public data are available from Richfield, except as required by the terms of this Agreement. These obligations survive the termination of this Agreement. 21. No Discrimination. The Parties agree not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. The Parties agree to comply with Americans with Disabilities Act as amended, Section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Each party agrees to hold harmless and indemnify the other party from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of these laws by the acting party or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, the Parties shall provide accommodations to allow individuals with disabilities to participate in all services under this Agreement. The Parties agree to utilize their own text telephone or the Minnesota Relay Service in order to comply with accessibility requirements. 22. Authorized Agents. Richfield’s authorized agent for purposes of administration of this contract is Jennifer Anderson, the Health Administrator/Support Services Manager of Richfield, or her designee. Bloomington’s authorized agent for purposes of administration of this contract is Nicholas Kelley, the Assistant Public Health Administrator of Bloomington, and all Services shall be performed by or under his supervision. 23. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: Bloomington: City of Bloomington, 1800 West Old Shakopee Road, Bloomington, MN 55431, Attn: Nicholas Kelley; nkelley@bloomingtonmn.gov; 952-563-4962; Richfield: City of Richfield, 6700 Portland Avenue, Richfield, MN 55423, Attn: Jennifer Anderson; jenniferanderson@richfieldmn.gov; 612-861-9881; 6 or such other contact information as either party may provide to the other by notice given in accordance with this provision. 24. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 25. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 26. Mediation. The Parties agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation at the Conflict Resolution Center, 2101 Hennepin Avenue, Suite 100, Minneapolis, Minnesota 55405. In the event mediation is unsuccessful, either party may exercise its legal or equitable rights. 27. Publicity. Bloomington and Richfield shall develop language to use when discussing the Services. Bloomington and Richfield agree that any publicity regarding the Services or the subject matter of this Agreement must not be released unless it complies with the approved language. Bloomington must not use Richfield’s logo or state that Richfield endorses its services without Richfield’s prior written approval. Publicity approvals may be provided electronically. 28. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 29. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that he or she is duly authorized. 30. Recitals. Bloomington and Richfield agree that the foregoing Recitals are true and correct and are fully incorporated into this Agreement. [The balance of this page left blank intentionally.] 7 IN WITNESS WHEREOF, the Parties have caused this Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. CITY OF BLOOMINGTON, MINNESOTA DATED:___________________________ BY:________________________________ Its: City Manager Reviewed and approved by the City Attorney. __________________________________ Melissa J. Manderschied CITY OF RICHFIELD, MINNESOTA DATED:___________________________ BY:________________________________ Its: Mayor DATED:___________________________ BY:________________________________ Its: City Manager 8 EXHIBIT A TO AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON, MINNESOTA AND RICHFIELD, MINNESOTA SCOPE OF SERVICES CDC Budget Period 1701-01 BP1 SUPP (07/01/2018 – 06/30/2019) CHB and Tribal Health Duties All CHBs and THDs complete these Recurring Duties: □ Work Plan with detailed, specific Planned Activities, no later than August 17, 2018 ☐ MYTEP (2018 – 2020), due November 30, 2018 □ Mid-Year Report, due December 31, 2018 □ End of Year Report, due July 5, 2019 □ Update and maintain accounts/information in: ▪ IMATS ▪ MN Responds ▪ MN.TRAIN ▪ Partner Link ▪ Maintain three-deep 24/7 contact information ▪ MNTrac (if applicable) □ Update POD information in IMATS at Mid-Year and End of Year. □ Staff maintain appropriate NIMS training based on their role(s), using PHEP Capability 3 (page 30) as a guide. □ Maintain Health Care Coalition (HCC) membership and representation on Health Care Coalition steering/advisory committees, and report back to CHB/LHD/THD Directors and Emergency Preparedness Coordinators on actions, information, and other important items. □ Respond to HANs from MDH, alerts (1 hour) and advisories (24 hours) B P 1 S U P P L E M E N T C H B A N D T R I B A L H E A L T H D U T I E S ( J U L Y 1 , 2 0 1 8 – J U N E 3 0 , 2 0 1 9 ) 9 □ Report response rates for all HANs sent to hospitals and clinics. Report HANs sent July 1 – December 15 on the mid-year report; report HANs sent December 16 – June 30 2019 on the end-of-year report. (No AAR-IPs are required.) This is a PPMRS Measure. □ Test Volunteer Notification by conducting a call down drill, based on CHB/THD’s choice of scenario and ensure database is kept up-to-date. □ After Action Reports, Improvement Plans, and Corrective Actions: ▪ Write AAR-IPs for exercises and significant incidents/events. Submit within 90 days of the exercise/incident/event to health.phep@state.mn.us ▪ Continue to document status or completion of corrective actions. Retain AAR-IP documents for planning purposes according to your agency’s retention policies, tracking progress on improvement plans and corrective actions, and to use to show demonstration of a capability, function, task, or priority resource element. □ Attend MDH-sponsored preparedness trainings when offered and appropriate to CHB/THD Work Plan.* □ Address the access and functional needs of at-risk populations in your plans, exercises and responses. For exercises, you should have at least one objective or inject that addresses access and functional needs of at-risk populations.* *This duty is based on a priority area identified in the EPR Strategic Programmatic Plan B P 1 S U P P L E M E N T C H B A N D T R I B A L H E A L T H D U T I E S ( J U L Y 1 , 2 0 1 8 – J U N E 3 0 , 2 0 1 9 ) 10 Base Duties These duties support a statewide level of preparedness Domain 1: Community Resilience Capability 1: Community Preparedness Grant Duty Intent Scope Regional Approach 1.1 B. Each CHB/THD will engage with community partners to build relationships, provide preparedness planning guidance, and identify opportunities for volunteer involvement or other ways for engagement. Report on the SharePoint Report Community Engagement Tab. * This duty is based on a priority area identified in the EPR Strategic Programmatic Plan Work with community organizations / groups to learn about partner capabilities and resources in order to identify opportunities that support preparedness and response work. Activities could include joint planning, sharing of response guidance and plans, or identifying access and functional needs. This is a PPMRS Measure. Refer to guidance provided during BP1 regarding definitions of community engagement and types of activities that constitute reportable activities that will fulfill the grant duty. Could have regional components (such as material development), but should have individual CHB/THD reporting. 1.2 B. Conduct and report on updated jurisdictional risk assessment (JRA), or indicate date next JRA will occur (ensure that public health, health care and mental/behavioral health issues are addressed). Based on most recent JRA, report top three threats and the public health role in responding to those threats. Knowledge of current risks provides good information for prioritizing work. Participating in joint JRAs provides opportunities for joint identification of public health roles. JRA needs to be completed at least once during the 5- year project period, per federal guidance. Could be conducted regionally if it engages CHB/THD partners. B P 1 S U P P L E M E N T C H B A N D T R I B A L H E A L T H D U T I E S ( J U L Y 1 , 2 0 1 8 – J U N E 3 0 , 2 0 1 9 ) 11 Domain 2: Incident Management Capability 3: Emergency Operations Coordination Grant Duty Intent Scope Regional Approach 3.1 B. CHB/THD will participate in MDH initiated call down drill to verify that CHB/THD has three deep 24/7 up-to- date contacts listed in PartnerLink. Update contacts and contact information based on gaps identified from the exercise. Conducting a call down drill will provide MDH with an opportunity to assess the depth and accuracy of the information provided to PartnerLink. The drill will entail contacting all 24/7 contacts registered in PartnerLink. MDH will compile the percentage of contacts who respond to the call down. Cannot be completed regionally. Domain 4: Countermeasures and Mitigation Capability 8: Medical Countermeasures Grant Duty Intent Scope Regional Approach 8.1 B. By September 30, 2018, CHBs/THDs will attend a Medical Countermeasures webinar on the new Mass Dispensing Guidelines. Dates: August 20 from 10:00-11:00 September 21 from 1:00-2:00 Register in MN.TRAIN (http://www.train.org/mn) Course ID 1069979 * This duty is based on a priority area identified in the EPR Strategic Programmatic Plan New Mass Dispensing Guidelines: The new Mass Dispensing Guidelines incorporates new policy and tools for POD operations, drop ship transportation, etc. For BP1 Supplement, jurisdictions must familiarize themselves with the new Mass Dispensing Guidelines and understand changes from previous policy. The requirement is for at least one person per CHB/THD to participate in this training. We highly suggest that for multi-county CHBs, a representative from each LHD participate. Cannot be completed regionally. 8.2 B. By Feb 28, 2019, Capability 8 Plan Update – CHBs/THDs will revise existing plans to incorporate the Anthrax Protocol and new Mass Dispensing Guidelines. Multi-county CHBs with separate mass dispensing plans for each county or agency will need to ensure that all relevant plans are updated. * This duty is based on a priority area identified in the EPR Strategic Programmatic Plan Update plans to make them consistent with new MDH policy. Plans should reflect drop ship delivery via UPS, inventory tracking and resupply requests, and updated dispensing algorithms. All plans related to PHEP Capability 8 will need to be reviewed and updated. If jurisdictions have previous CPOD agreements where they have shared the old algorithm, they should share the new screening form and algorithm with those partners. Cannot be completed regionally. B P 1 S U P P L E M E N T C H B A N D T R I B A L H E A L T H D U T I E S ( J U L Y 1 , 2 0 1 8 – J U N E 3 0 , 2 0 1 9 ) 12 Grant Duty Intent Scope Regional Approach 8.3 B. Conduct a public health led exercise (tabletop or higher) at the CHB/THD level that activates medical countermeasure plan(s). The exercise must include one objective or inject that addresses how access and functional needs of at-risk populations will be addressed within an MCM response. Multi-county CHBs with separate mass dispensing plans for each county or agency will need to ensure that all relevant plans are exercised. * This duty is based on a priority area identified in the EPR Strategic Programmatic Plan LHDs/THDs will increase their ability to respond to a medical countermeasure incident; Public Health leadership staff with Incident Command roles will understand their roles during a response; and, the needs of people with access and functional needs of at-risk populations will be exercised. The federal guidance for this project period requires planning and exercising for the whole population, including those with access and functional needs. At least one objective or one inject must address the access and functional needs of at-risk populations, such those with limited English proficiency (LEP) or limited mobility. Include documentation of how the access and functional needs of at –risk populations were addressed in the AAR-IP. For multi-county CHBs, one exercise can be conducted as long as each LHD plan is exercised. MDH will supply “exercise in a box” that can be utilized to meet this grant duty. Each CHB/THD needs to complete its own exercise and AAR-IP. The same exercise design could be used by multiple CHB/THDs and could be ‘played’ on the same day. However, play has to occur at each CHB/THD and each CHB/THD needs to complete an AAR-IP. Domain 5: Surge Management Capability 15: Volunteer Management Grant Duty Intent Scope Regional Approach 15.1 B.CHBs/THDs will communicate with volunteers at least twice a year. Call-down drills do not qualify as communication in the context of this grant duty. This is intended to help MN Responds administrators keep volunteers engaged and retained in the system. This applies to work with volunteers using PHEP funds. Can be completed regionally. Local or regional newsletters can be used to meet this grant duty. 15.2 B.By April 30, 2019, Capability 15 Plans / Elements: LHDs/THDs will identify and document procedures, guidelines and/or plans based on an MDH provided Priority Resource Elements Worksheet. Completed worksheet(s) must be submitted via email to MDH (health.phep@state.mn.us). * This duty is based on a priority area identified in the EPR Strategic Programmatic Plan CHBs/THDs will be able to coordinate, notify, organize and demobilize volunteers with confidence during an exercise or event. Plan revisions will better prepare CHBs/THDs and volunteers in training, deployment and demobilizing. Cannot be completed regionally. B P 1 S U P P L E M E N T C H B A N D T R I B A L H E A L T H D U T I E S ( J U L Y 1 , 2 0 1 8 – J U N E 3 0 , 2 0 1 9 ) 13 X, Y, Z Elective Duties Domain and Capability Based Each level needs to choose: X = 1 Y = 3 Z = 5 City of Richfield is an X X, Y, Z Elective Duties Based on Priority Resource Elements (jurisdictional priorities and threats) Domain 1: Community Resilience Capability 1: Community Recovery Grant Duty Intent Scope Regional Approach 2.1 E. CHBs/THDs will develop or revise continuity of operations plans (COOP), either as a stand-alone public health plan or as a component of another plan, based on an MDH- provided Priority Resource Elements Worksheet. Completed worksheet(s) must be submitted via email to MDH (health.phep@state.mn.us). It is important to have a plan that guides an agency through a response that interrupts CHB/THD functioning. * If this duty was selected in BP1, it cannot be repeated in BP1 Supplement. Content of the plans and exercises will be guided by PHEP Capability 2: ▪ Function 1, Priority Resource Element P3 Cannot be completed regionally. 2.3 E. Where COOP plans already exist, CHBs/THDs can exercise the plan at the tabletop, functional, or full-scale level. Note: Real world incidents and planned events may fulfill this grant duty if the items listed are part of the response activities. Exercises test the plan to identify strengths and gaps and develop a plan for improvement. * If this duty was selected in BP1, it can be repeated in BP1 Supplement if based on documented gaps as part of improvement process. Identify key objectives – 3 objectives is optimal. This could be part of another elective exercise that meets the requirements of each elective duty. No more than 2 exercise duties (base or electives) can be combined Cannot be completed regionally. B P 1 S U P P L E M E N T C H B A N D T R I B A L H E A L T H D U T I E S ( J U L Y 1 , 2 0 1 8 – J U N E 3 0 , 2 0 1 9 ) 14 Domain 2: Incident Management Capability 3: Emergency Operations Coordination Grant Duty Intent Scope Regional Approach 3.1 E. CHBs/THDs create an Incident Action Plan (IAP) as part of an exercise (workshop or higher) based on identified public health risks and using procedures in jurisdictional plans for creating IAPs. Note: Consider developing Incident Action Plans (IAPs) that extend beyond one operational period. Note: Real world incidents and planned events may fulfill this grant duty if the items listed are part of the response activities. CHBs/THDs will become familiar with the development and use of an IAP. Transitioning between operational periods is a critical skill to assure work is completed. Developing an IAP has been identified as a gap. * If this duty was selected in BP1, it can be repeated in BP1 Supplement if based on documented gaps as part of the improvement process. Identify key objectives – 3 objectives is optimal. This could be part of another elective exercise that meets the requirements of each elective duty. No more than 2 exercise duties (base or electives) can be combined. Each CHB/THD needs to complete its own exercise and AAR-IP. The same exercise design could be used by multiple CHB/THDs and could be ‘played’ on the same day. However, play has to occur at each CHB/THD and each CHB/THD needs to complete an AAR-IP. 3.2 E. CHBs/THDs will select a gap previously identified in an AAR-IP, identify how the gap has or is being addressed, and test or retest through an exercise (TTX or higher). To allow CHBs/THDs to work on priorities they have identified and test/retest that gaps have been corrected. * If this duty was selected in BP1, it can be repeated in BP1 Supplement based on documented gaps. Identify key objectives – 3 objectives is optimal. This could be part of another elective exercise that meets the requirements of each elective duty. No more than 2 exercise duties (base or electives) can be combined. Cannot be completed regionally 3.3 E. CHBs/THDs will exercise (functional or full- scale) the physical activation of the public health department operations center (PH DOC) at least once during the grant year. Activation will include, at a minimum, the set-up of the operations center room(s), assignment of incident command staff, connection and testing of communications equipment, and staff briefings to provide role clarity and operational procedures. Note: Real world incidents and planned events may fulfill this grant duty if the items listed are part of the response activities. CHBs/THDs will become familiar with the use of ICS in a response and physical set-up of emergency operations. * If this duty was selected in BP1, it can be repeated in BP1 Supplement if based on documented gaps as part of the improvement process. As this requires actual physical set-up and movement of people and ‘things’, that makes it a functional or full-scale. Identify key objectives – 3 objectives is optimal. This could be part of another elective exercise that meets the requirements of each elective duty. No more than 2 exercise duties (base or electives) can be combined. Each CHB/THD needs to complete its own exercise and AAR-IP. The same exercise design could be used by multiple CHB/THDs and could be ‘played’ on the same day. However, play has to occur at each CHB/THD and each CHB/THD needs to complete an AAR-IP. B P 1 S U P P L E M E N T C H B A N D T R I B A L H E A L T H D U T I E S ( J U L Y 1 , 2 0 1 8 – J U N E 3 0 , 2 0 1 9 ) 15 Domain 4: Countermeasures and Mitigation Capability 8: Medical Countermeasures Grant Duty Intent Scope Regional Approach 8.1 E. CHBs/THDs re-engage with “on hold” Closed POD (CPOD) plans or develop new CPOD plans within their jurisdiction. Report on CPOD agreements (current and new). Pursue new CPOD partnerships or re- engage with those CPOD partners who may have been “on hold” for a while. Tally the number of CPODs partnerships added (vs. starting number). * If this duty was selected in BP1, it can be repeated in BP1 Supplement if new CPOD partners are identified. Revised guidance, tools and templates will be provided by MDH. Regional work is unlikely, but there may be some instances where regional CPOD plans are needed. Domain 5: Surge Management Capability 5: Fatality Management Grant Duty Intent Scope Regional Approach 5.1 E. CHBs/THDs will coordinate with the health care coalition, emergency management, and other partners to develop or revise family assistance center (FAC) plans either as a stand-alone public health plan or as a component of a jurisdictional plan. Plans must include plan elements identified on the MDH provided Priority Resource Elements Worksheet. Completed worksheet(s) must be submitted via email to MDH (health.phep@state.mn.us). CHBs/THDs should have a clear understanding of their role in jurisdictional fatality management response. Operational FAC plans that reflect the role, expectations, and responsibilities for CHBs/THDs should be documented. * If this duty was selected in BP1, it cannot be repeated in BP1 Supplement. Content of the plans and exercises will be guided by PHEP Capability 5: ▪ Function 3, Priority Resource Element P1 ▪ Function 4, Priority Resource Elements P1, P2 Cannot be completed regionally, although plan templates could be created regionally and shared. 5.2 E. Where family assistance center (FAC) plans already exist, CHBs/THDs can exercise the FAC plan, in coordination with health care coalitions (HCCs) at the tabletop, functional, or full-scale level. Note: Real world incidents and planned events may fulfill this grant duty if the items listed are part of the response activities. To allow CHBs/THDs to test/retest their FAC Plans. * If this duty was selected in BP1, it can be repeated in BP1 Supplement if based on documented gaps as part of improvement process. Reference grant duty 5.1 E. scope about content. Identify key objectives – 3 objectives is optimal. This could be part of another elective exercise that meets the requirements of each elective duty. No more than 2 exercise duties (base or electives) can be combined Each CHB/THD needs to complete its own exercise and AAR-IP. The same exercise design could be used by multiple CHB/THDs and could be ‘played’ on the same day. However, play has to occur at each CHB/THD and each CHB/THD needs to complete an AAR-IP. B P 1 S U P P L E M E N T C H B A N D T R I B A L H E A L T H D U T I E S ( J U L Y 1 , 2 0 1 8 – J U N E 3 0 , 2 0 1 9 ) Domain 5: Surge Management Capability 7: Mass Care 16 Grant Duty Intent Scope Regional Approach 7.1 E. CHBs/THDs will coordinate with the health care coalition, emergency management, and other partners to develop or revise mass care plans, either as a stand-alone public health plan or as a component of a jurisdictional plan. Plans must include plan elements identified on the MDH provided Priority Resource Elements Worksheet. Completed worksheet(s) must be submitted via email to MDH (health.phep@state.mn.us). CHBs/THDs should have a clear understanding of their role in jurisdictional mass care response. Operational mass care plans that reflect the role, expectations, and responsibilities for CHBs/THDs should be documented. * If this duty was selected in BP1, it cannot be repeated in BP1 Supplement. Content of the plans and exercises will be guided by PHEP Capability 7: ▪ Function 2, P1, P2, E1 ▪ Function 3, P1, P2, P3, P4, P5 ▪ Function 4, P1, P2 Cannot be completed regionally, although plan templates could be created regionally and shared. 7.2 E. Where mass care plans already exist, CHBs/THDs can exercise the plan, in coordination with health care coalitions (HCCs), at the tabletop, functional, or full-scale level. Note: Real world incidents and planned events may fulfill this grant duty if the items listed are part of the response activities. To allow CHBs/THDs to test/retest their Mass Care Plans. * If this duty was selected in BP1, it can be repeated in BP1 Supplement if based on documented gaps as part of improvement process. Reference grant duty 7.2 E. scope about content. Identify key objectives – no more than 3 to 5 are recommended. This could be part of another elective exercise that meets the requirements of each elective duty. No more than 2 exercise duties (base or electives) can be combined Each CHB/THD needs to complete its own exercise and AAR-IP. The same exercise design could be used by multiple CHB/THDs and could be ‘played’ on the same day. However, play has to occur at each CHB/THD and each CHB/THD needs to complete an AAR-IP. Domain 5: Surge Management Capability 10: Medical Surge B P 1 S U P P L E M E N T C H B A N D T R I B A L H E A L T H D U T I E S ( J U L Y 1 , 2 0 1 8 – J U N E 3 0 , 2 0 1 9 ) 17 Grant Duty Intent Scope Regional Approach 10.1 E. CHBs/THDs will coordinate with the health care coalition, emergency management, and other partners to develop or update family reunification plans in support of medical surge operations and in coordination either as a stand-alone public health plan or as a component of a jurisdictional plan. Plans must include plan elements identified on the MDH provided Priority Resource Elements Worksheet. Completed worksheet(s) must be submitted via email to MDH (health.phep@state.mn.us). CHBs/THDs should have a clear understanding of their role in jurisdictional family reunification plans. Operational family reunification plans that reflect the role, expectations, and responsibilities for CHBs/THDs should be documented. * If this duty was selected in BP1, it cannot be repeated in BP1 Supplement. Content of the plans and exercises will be guided by PHEP Capability 10: ▪ Function 3, Priority Resource Elements P1, P2, P3. Cannot be completed regionally, although plan templates could be created regionally and shared. 10.2 E. Based on jurisdictional priorities, where family reunification plans already exist, CHBs/THDs will exercise the plan, in coordination with health care coalitions (HCCs), at the tabletop, functional, or full-scale level Note: Real world incidents and planned events may fulfill this grant duty if the items listed are part of the response activities. To allow CHBs/THDs to test/retest their family reunification plans * If this duty was selected in BP1, it can be repeated in BP1 Supplement if based on documented gaps as part of improvement process. Reference grant duty 10.1 E. scope about content. Identify key objectives – no more than 3 to 5 are recommended. This could be part of another elective exercise that meets the requirements of each elective duty. No more than 2 exercise duties (base or electives) can be combined Each CHB/THD needs to complete its own exercise and AAR-IP. The same exercise design could be used by multiple CHB/THDs and could be ‘played’ on the same day. However, play has to occur at each CHB/THD and each CHB/THD needs to complete an AAR-IP. B P 1 S U P P L E M E N T C H B A N D T R I B A L H E A L T H D U T I E S ( J U L Y 1 , 2 0 1 8 – J U N E 3 0 , 2 0 1 9 ) 18 Domain 5: Surge Management Capability 15: Volunteer Management Grant Duty Intent Scope Regional Approach 15.1 E. CHBs/THDs will conduct an emergency preparedness exercise to notify and assemble volunteers (requiring volunteers to physically report to a location after being activated/notified). Note: Real world incidents and planned events may fulfill this grant duty if the items listed are part of the response activities. Test and evaluate the process and results of asking volunteers to physically report (assemble) when activated. * If this duty was selected in BP1, it can be repeated in BP1 Supplement if based on documented gaps as part of improvement process. Content of the exercise will be guided by PHEP Capability 15. Volunteers must be asked to physically report. The number of volunteers and timeframe is left to local discretion. Activating volunteers for non-emergency response exercises or incidents will not fulfill this grant duty. Identify key objectives – 3 objectives is optimal. This could be part of another elective exercise that meets the requirements of each elective duty. No more than 2 exercise duties (base or electives) can be combined. Each CHB/THD needs to complete its own exercise and AAR-IP. The same exercise design could be used by multiple CHB/THDs and could be ‘played’ on the same day. However, play has to occur at each CHB/THD and each CHB/THD needs to complete an AAR-IP. 19 EXHIBIT B TO AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON, MINNESOTA AND RICHFIELD, MINNESOTA TERMS OF PAYMENT A. Richfield shall pay Bloomington the total not-to-exceed amount of $48,324.00 during the term of this Agreement for services outlined below: 1. $36,324.00 for PH Emergency Preparedness Services; and 2. $12,000.00 for CRI Duties. B. The amounts above will be paid according to the following terms: 1. Bloomington shall invoice Richfield for the Services identified on Exhibit A, as follows: Invoice Date Amount Upon Contract Execution $12,081 December 1, 2018 $12,081 March 1, 2019 $12,081 June 1, 2019 $12,081 2. Payment shall be made within 15 days of receipt by Richfield of Bloomington’s invoice. AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #6.J. STAFF RE P ORT NO. 150 CIT Y COUNCIL ME E T ING 9/11/2018 RE P O RT P RE PA RE D B Y: Jennifer A nderson, S upport S ervices Manager D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice 8/3/2018 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager 8/15/2018 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the approval of the continuation of an agreement with the City of Bloomington for the provision of food inspection services for Richfield for 2019. E X E C UT IV E S UM M ARY: The City of Bloomington and the City of Richfield have had a contract for over 30 years for Bloomington to provide inspection and enforcement services in the areas of food, beverage, lodging, and public swimming pools along with plan check work for food services to Richfield. The proposed contract for 2019 for these services will be $138,200, compared to the 2018 contract amount of $134,200. This is a 3% increase over the dollar amount paid to Bloomington in 2018. The increase is tied to increased benefit costs and staff salaries. RE C O M M E ND E D AC T I O N: By motion: Approve the continuation of an agreement with the City of Bloomington for the provision of food inspection services for Richfield for 2019. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T Contained in the Executive Summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The City of Bloomington has sufficient resources to provide a professional level of inspection services to Richfield residents. Annual evaluations of their services have shown they are providing efficient services in a cost-effective manner. C.C R IT IC AL T IMIN G IS S U E S: N/A D.F IN AN C IAL IMPAC T: A 3% budget increase has been communicated to Richfield by Bloomington so the amount of $138,200 has been captured in Richfield's 2019 budget. E.L E GAL C ON S ID E R AT ION: The City Attorney has reviewed the contract and has approved of it and its contents. ALTE R N AT IV E R E C O MME N D ATIO N(S): The Council could decide to have Richfield provide it's own food service inspections, beverage and lodging and the public swimming pools inspections and plan to check food services; however, the State would have to approve this change and would likely be concerned about staffing, response and capacity issues. The cost of hiring the necessary staff to provide the same level of services and administrative support would be more that the current expenditures and would require a significant budget increase. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: N/A AT TAC H ME N T S: D escription Type A greement C ontract/A greement AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #6.K. STAFF RE P ORT NO. 151 CIT Y COUNCIL ME E T ING 9/11/2018 RE P O RT P RE PA RE D B Y: Jennifer A nderson, S upport S ervices Manager D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice 8/28/2018 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager 9/6/2018 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the approval of a request for the temporary expansion of the licensed premises for Davanni's, located at 6345 Penn Avenue South, to allow for the outside service of strong beer on Sunday, September 16, 2018, in conjunction with Richfield's Open Streets at Penn Fest event. E X E C UT IV E S UM M ARY: On J uly 25, 2018, Davanni's requested permission to serve strong beer outside in the parking lot area of their licensed establishment in conjunction with Richfield's Open Streets at Penn Fest event. W hile Davanni's is currently licensed to sell wine and strong beer, their license is only valid for the interior area of their business and does not allow for outside service of alcohol. This request for a temporary expansion of the licensed premises for Davanni's would allow for the service of strong beer only, and would be valid only on Sunday, September 16, 2018, from 12:00 p.m. to 5:00 p.m. during Richfield's Open Streets at Penn Fest event. All required information and documents have been provided. The Director of Public Safety has reviewed all required information and documents and has found no basis for denial. RE C O M M E ND E D AC T I O N: By motion: Approve a request for a temporary expansion of the licensed premises for Davanni's, located at 6345 Penn Avenue South, to allow for the outside service of strong beer on Sunday, September 16, 2018, in conjunction with Richfield's Open Streets at Penn Fest event. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T The following requirements have been met: The City has been provided with a written narrative and drawing of the parking area showing how Davanni's will control the flow of patrons purchasing beer and how they will be contained and monitored. Proof of liquor liability insurance covering the exterior of the premises has been provided showing W est Bend Mutual I nsurance affording the coverage. The applicant has contacted the food sanitarians from the City of Bloomington to ensure proper food handling practices are followed. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Richfield City Code Section 1202.05 requires all applicants to comply with all of the provisions of this code, as well as the provisions of Minnesota Statute Chapter 340A. C.C R IT IC AL T IMIN G IS S U E S: Open Streets at Penn Fest takes place on September 16, 2018, so approval by the City Council is needed at the regular meeting on September 11, 2018. D.F IN AN C IAL IMPAC T: This is a temporary expansion for the premises of their current alcohol license, so no fee is required for the temporary expansion permit. E.L E GAL C ON S ID E R AT ION: Minnesota Statute 340A.410, Subd. 7, states a licensing authority may issue a retail alcoholic beverage license only for a space that is compact and contiguous and the retail alcoholic beverage license is only effective for the licensed premises specified in the approved application which, in this case, is the interior of their business only. I n previous years, the City attorney has advised the staff that the Council would need to approve an expansion beyond the interior walls of any establishment not already licensed for outdoor service. ALTE R N AT IV E R E C O MME N D ATIO N(S): The Council could deny the request for the temporary expansion of the licensed premises for Davanni's. This would mean the applicant would not be able to serve strong beer outside in the parking lot area of their establishment during Richfield's Open Streets at Penn Fest event. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: Melissa Morrissette - Davanni's General Manager AT TAC H ME N T S: D escription Type Narrative, drawing & insurance B ackup Material AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #6.L. STAFF RE P ORT NO. 152 CIT Y COUNCIL ME E T ING 9/11/2018 RE P O RT P RE PA RE D B Y: Jennifer A nderson, S upport S ervices Manager D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice 8/28/2018 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager 9/6/2018 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the approval of a request for the temporary expansion of the licensed premises for Thompson's Fireside Pizza, Inc., d/b/a Fireside Foundry, located at 6736 Penn Avenue South, to allow for the outside service of strong beer in their parking lot on Sunday, September 16, 2018, in conjunction with Richfield's Open Streets at Penn Fest event. E X E C UT IV E S UM M ARY: On August 20, 2018, Thompson's Fireside Pizza, I nc., d/b/a Fireside Foundry requested permission to serve strong beer outside in the parking lot area of their licensed establishment in conjunction with Richfield's Open Streets at Penn Fest event. W hile Fireside Foundry is currently licensed to sell intoxicating liquor, their license is only valid for the interior and outside patio areas, and their license does not allow alcohol service beyond their patio area. This request for a temporary expansion of the licensed premises for Fireside Foundry would allow for the service of strong beer only, and would be valid only on Sunday, September 16, 2018, from 12:00 p.m. to 5:00 p.m. during Richfield's Open Streets at Penn Fest. All required information and documents have been provided. The Director of Public Safety has reviewed all required information and documents and has found no basis for denial. RE C O M M E ND E D AC T I O N: By motion: Approve the request for a temporary expansion of the licensed premises for Thompson's Fireside Pizza, Inc., d/b/a Fireside Foundry, located at 6736 Penn Avenue South, to allow for the outside service of strong beer in their parking lot on Sunday, September 16, 2018, in conjunction with Richfield's Open Streets at Penn Fest event. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T The following requirements have been met: The City has been provided with a written narrative and drawing of the parking area showing how Fireside Foundry will control the flow of patrons purchasing beer and how they will be contained and monitored. Proof of liquor liability insurance covering the exterior of the premises has been provided showing W est Bend Mutual affording the coverage. The applicant has contacted food sanitarians from the City of Bloomington to ensure proper food handling practices are followed. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Richfield City Code Section 1202.05 requires all applicants to comply with all of the provisions of this code, as well as the provisions of Minnesota Statute Chapter 340A. C.C R IT IC AL T IMIN G IS S U E S: Open Streets at Penn Fest takes place on September 16, 2018, so approval by the City Council is needed at the regular meeting on September 11, 2018. D.F IN AN C IAL IMPAC T: This is a temporary expansion for the premises of their current alcohol license, so no fee is required. E.L E GAL C ON S ID E R AT ION: Minnesota Statute 340A.410, Subd. 7, states a licensing authority may issue a retail alcoholic beverage license only for a space that is compact and contiguous and the retail alcoholic beverage license is only effective for the licensed premises specified in the approved application which, in this case, is the interior of their business only. I n previous years, the City attorney has advised the staff that the Council would need to approve an expansion beyond the interior walls of any establishment not already licensed for outdoor service. ALTE R N AT IV E R E C O MME N D ATIO N(S): The Council could deny the request for the temporary expansion of the licensed premises Fireside Foundry. This would mean the applicant would not be able to serve strong beer outside in the parking lot area of their establishment during Richfield's Open Streets at Penn Fest event. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: Representative of Fireside Foundry AT TAC H ME N T S: D escription Type Narrative, drawing & insurance B ackup Material AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #6.M. STAFF RE P ORT NO. 153 CIT Y COUNCIL ME E T ING 9/11/2018 RE P O RT P RE PA RE D B Y: Jennifer A nderson, S upport S ervices Manager D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice 8/28/2018 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager 9/6/2018 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the approval of a Temporary On Sale Intoxicating Liquor license for the Richfield Foundation's Wine Tasting event to take place on Thursday, October 11, 2018, in the atrium area of Woodlake Center, located at 6601 Lyndale Ave South. E X E C UT IV E S UM M ARY: On August 22, 2018, the City received application materials for a Temporary On Sale I ntoxicating Liquor license for the Richfield Foundation's W ine Tasting event to take place on Thursday, October 11, 2018. The event will take place from 6:30 p.m. to 9:00 p.m. in the atrium area of Woodlake Center, located at 6601 Lyndale Avenue South. The request is to serve wine, craft beer and spirits. They will have approximately 20 different wine, craft beer vendors, and spirits vendors. They will also offer appetizers, desserts, water and coffee. All required information, documents and licensing fees have been provided. The Director of Public Safety has reviewed all required information and documents and has found no basis for denial. The City Council has previously granted this license in conjunction with this event. RE C O M M E ND E D AC T I O N: By motion: Approve the issuance of a Temporary On Sale Intoxicating Liquor license for Richfield Foundation's Wine Tasting event, to take place on Thursday, October 11, 2018, in the atrium area of Woodlake Center, located at 6601 Lyndale Avenue South. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T The applicant has satisfied the following requirements for the issuance of this license: The required licensing fees have been received. Proof of liquor liability insurance has been provided showing Scottsdale I nsurance Company affording the coverage. The Richfield Foundation has contacted food sanitarians from the City of Bloomington to ensure food handling practices are followed. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Richfield City Code Section 1202.05 requires all applicants to comply with all of the provisions of this code, as well as the provisions of Minnesota Statute Chapter 340A. C.C R IT IC AL T IMIN G IS S U E S: The Richfield Foundation W ine Tasting event takes place on Thursday, October 11, 2018, so approval by the City Council is needed at the regular meeting on September 11, 2018. D.F IN AN C IAL IMPAC T: The required licensing fees have been received. E.L E GAL C ON S ID E R AT ION: There are no legal considerations. ALTE R N AT IV E R E C O MME N D ATIO N(S): The Council could deny the approval of the Temporary On Sale I ntoxicating Liquor license for the Richfield Foundation. This would mean the applicant would not be able to serve alcohol at their W ine Tasting event; however, Public Safety has not found any basis for denial. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: A representative of the Richfield Foundation will be present. AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #6.N. STAFF RE P ORT NO. 154 CIT Y COUNCIL ME E T ING 9/11/2018 RE P O RT P RE PA RE D B Y: Melissa P oehlman, A ssistant C D D irector D E PA RTME NT D IRE C TO R RE V IE W: John S tark, C ommunity D evelopment D irector 9/4/2018 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager 9/6/2018 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the approval of the first reading of an ordinance rezoning properties between Taft Park and 65th Street, and 16th Avenue and Richfield Parkway as Planned Multi-Family Residential (P MR). E X E C UT IV E S UM M ARY: NHH Properties, LLC (Developer) has submitted an application for a planned unit development that includes 2, 4-story apartment buildings along Richfield Parkway and 18, 4-unit buildings of for-sale townhomes along 16th Avenue. T he Planning Commission conducted a public hearing for the proposed development on August 27 and voted unanimously to recommend approval of rezoning the property and the final development plans. T his first reading of rezoning is an administrative requirement and does not obligate the Council to approve the ordinance upon second reading; nor does it obligate the Council to approve the specific development plans. T he second reading and final development plans will be considered by the Council on September 25, 2018. RE C O M M E ND E D AC T I O N: By motion: Approve a first reading of an ordinance that ame nds Richfield Zoning Code Appendix I to change the zoning de signation of Blocks 1 and 2, Ive rsons 2nd Addition from High-De nsity Reside ntial (MR-3) to Planne d Multi-Family Reside ntial (PMR). B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T This area was identified as a Redevelopment Area in 2000 as a result of a study concluding that many of structures in the area would not be capable of withstanding the negative impacts of low frequency noise. I n 2004, the City adopted a Cedar Corridor Master Plan that called for high density housing in this area, which would serve as a buffer to the remaining single-family homes to the west. This Plan was revisited and refreshed in 2016. Over the years the City has worked to encourage redevelopment of the site, but a financially feasible development opportunity has not come forward. I n the fall of 2017, NHH Properties and Boisclair Corporation approached the Housing and Redevelopment Authority (HRA) and City Council with a proposal for redevelopment and in March of 2018, the HRA signed a pre-development agreement with NHH Properties to construct 218 market-rate apartments and up to 80 townhomes that would be affordable to household earning 100/115% of the area median income. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Comprehensive Plan and Zoning District Designations The Comprehensive Plan is an expression of the community's vision for the future. This area is both guided and zoned for high-density multi-family housing. The proposed zoning change will allow for flexibility in administering specific requirements of the Zoning Code, in exchange for superior design and a project that meets the needs of the community. T his first reading is an administrative requirement and does not obligate the Council to approve the ordinance upon second reading. C.C R IT IC AL T IMIN G IS S U E S: 60-DAY R U LE: T he 60-day clock started when a complete application was received on August 21, 2018. A decision is required by October 16, 2018 or the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision. A second reading of the proposed ordinance is scheduled for September 25, 2018, alongside consideration of other required land use applications. D.F IN AN C IAL IMPAC T: The required application fees have been paid. E.L E GAL C ON S ID E R AT ION: A public hearing was held before the Planning Commission on August 27. Notice of the public hearing was mailed to properties within 500 feet of the proposed development and published in the Sun Current newspaper. The Planning Commission recommended approval of the proposed rezoning. ALTE R N AT IV E R E C O MME N D ATIO N(S): Reject the proposed ordinance. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: Representatives of NHH Properties, L L C AT TAC H ME N T S: D escription Type Ordinance Ordinance S ite P lans E xhibit P lanning & Zoning Maps E xhibit ORDINANCE NO. ______ AN ORDINANCE RELATING TO ZONING; AMENDING APPENDIX I TO THE RICHFIELD CITY CODE BY REZONING LAND BETWEEN TAFT PARK AND 65TH STREET, EAST OF 16TH AVENUE AS PLANNED MULTI-FAMILY RESIDENTIAL THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Section 9 of Appendix 1 of the Richfield Zoning Code is amended to add a new Paragraph 9 to read as follows: (9) M-5 Blocks 1-2, Iversons 2nd Addition. Sec. 2. Section 14, Paragraphs 18 and 19 are repealed. (18) M-5 (16th Ave between 63rd and 65th). Lots 2-8, Block 1, Iversons 2nd Addition and Lots 1-8, Block 2, Iversons 2nd Addition. (19) M-5 (17th Ave between 63rd and 65th). Lots 9-4, Block 1, Iversons 2nd Addition and Lots 1-8, Block 2, Iversons 2nd Addition. Sec. 3. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 25th day of September, 2018. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk UPFD MUAN89°50'09"E 133.49N0°11'06"E75.00 S89°50'12"W 133.81N89°50'11"E 133.68S89°50'10"W 133.62N0°11'06"E75.00 N00°11'06"E 737.13N00°14'02"E 150.00 N00°14'02"E 150.00114.49114.42107.4126.978.25144.1875.00N00°14'02"E10.0010.0018.50N15°01'37"W30.39N0°14'02"E95.07N00°18'08"E11.01N00°12'15"E18.6119.00C=56.55CB=S4°30'41"E R=344.14 Δ=9°25'32" 56.61 C=65.44CB=N12°02'57"WR=152.94Δ=24°42'25"65.95N15°15'01"E25.09N00°14'02"E 240.00 N00°14'02"E 348.74N00°16'58"E 962.54115.31123.68123.62LOT 1BLOCK 1OUTLOTAOUTLOTB75.00S00°14'01"W OUTLOT C17TH AVENUE SOUTH (RICHFIELD PARKWAY)114.44N89°43'01"E 134.44N89°43'00"E 134.38S00°14'02"W75.0720.00VICINITY MAPCedar Point 2 Apartments & Townhomes 16th Ave S., Richfield, Hennepin County, Minnesota, 55423 317 2nd Ave S., Suite 800, Minneapolis, MN, 55401 Simmons Group/NHH Properties PROJECT 4931 W. 35TH ST. SUITE 200ST. LOUIS PARK, MN 55416CivilSiteGroup.comPROJECT NO.: 18137COPYRIGHT 2018 CIVIL SITE GROUP INC.cREVISION SUMMARYDATEDESCRIPTIONV1.0PRELIMINARY PLAT............N44565RORY L. SYNSTELIENLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LAND SURVEYOR UNDER THELAWS OF THE STATE OF MINNESOTA.08-17-2018NOVERHEAD UTILITIESFIBER OPTIC SANITARY SEWERSTORM SEWERTELEPHONE LINECABLE LINE WATERMAINELECTRIC LINEGASMAINCHAINLINK FENCELINESIGNSANITARY MANHOLESTORM MANHOLECABLE TV BOXTELEPHONE MANHOLEELECTRIC TRANSFORMERTELEPHONE BOXTRAFFIC SIGNALGAS METERELECTRICAL METERWATER MANHOLEWATER VALVEAIR CONDITIONERBOLLARDCATCH BASINELECTRIC MANHOLEGAS VALVEFLAG POLEHANDICAP SYMBOLFOUND IRON MONUMENTHYDRANTCAST IRON MONUMENTSET IRON MONUMENTFLARED END SECTIONLinetype & Symbol Legend POWER POLEUTILITY MANHOLECONCRETE SURFACEPAVER SURFACEBITUMINOUS SURFACEGRAVEL SURFACEGUY WIRECONIFEROUS TREEDECIDUOUS TREE160408004080SCALE IN FEETPRELIMINARY PLAT GENERAL NOTESLEGAL DESCRIPTION:Lots 2 through 14, Block 1 and Lots 1, 2, 5, and Lots 8 through 16, Block 2, IVERSON'S SECOND ADDITION, HennepinCounty, Minnesota.Together WithAll that part of vacated East 64th Street lying between the easterly line of 16th Avenue South and the westerly line of17th Avenue South (also known as Richfield Parkway), Hennepin County, Minnesota.DATE OF PREPARATION:8-17-2018BENCHMARKS:BM#1 = Top nut hydrant located at the southwest quadrant of the intersection of 17th Ave S and E 63rd St.Elevation = 827.36EXISTING ZONING:MR3- High DensityAREAS:OUTLOT A = 8,584 Sq. Ft. or 0.197 AcresOUTLOT B = 9,274 Sq. Ft. or 0.213 AcresOUTLOT C = 87,521 Sq. Ft. or 2.009 AcresLot 1 = 147,837 Sq. Ft. or 3.394 AcresDedicated Right of Way = 14,666 Sq. Ft. or 0.337 AcresTotal Property Area = 267,882 Sq. Ft. or 6.150 AcresFLOOD ZONE DESIGNATION:This property is contained in Zone X (area determined to be outside the 0.2% annual chance floodplain) perFlood Insurance Rate Map, Community Panel No. 27053C0369F, effective date of November 4th, 2016.________________________________________________________Rory L. Synstelien Minnesota License No. 44565rory@civilsitegroup.comPRELIMINARY PLAT: CEDAR POINT 2SUBDIVIDER:NHH Companies, LLC5353 Wayzata Blvd, Suite 400Minneapolis, MN 55416ARCHITECT:Kass Wilson Architects1301 American Blvd. E, Suite 100Bloomington, MN 55425CIVIL ENGINEER:Civil Site Group4931 W 35th St, #200St. Louis Park, MN 55416SURVEYOR:Civil Site Group4931 W 35th St, #200St. Louis Park, MN 55416 1,121 ft²Unit C11,121 ft²Unit C11,145 ft²Unit C21,121 ft²Unit C1500 ft²Unit S1500 ft²Unit S1730 ft²Unit A1730 ft²Unit A1730 ft²Unit A1500 ft²Unit S11,121 ft²Unit C1730 ft²Unit A1500 ft²Unit S1730 ft²Unit A11,121 ft²Unit C1730 ft²Unit A1730 ft²Unit A1730 ft²Unit A1730 ft²Unit A11,542 ft²Unit D11,121 ft²Unit C1730 ft²Unit A1907 ft²Fitness/FOD95936 ft²Clubroom962,1ComPla924.0'1159.9'105.9'37.0'CONSTRUCTION LIMITSUPFDSD_5.01730 ft²Unit A11,121 ft²Unit C1730 ft²Unit A1500 ft²Unit S1730 ft²Unit A11,121 ft²Unit C1500 ft²Unit S11,145 Unit C1,121 ft²Unit C1730 ft²Unit A1500 ft²Unit S11,121 ft²Unit C1730 ft²Unit A1500 ft²Unit S11,121 ft²Unit C1730 ft²Unit A11,542 ftUnit D1730 ft²Unit A1730 ft²Unit A1730 ft²Unit A1175 ft²BusinessCenter22204 ft²BikeShop/Storage28155 ft²Office30191 ft²Conference31123 ft²Trash38912 ft²Lobby5474 ft²Entry Vestibule56730 ft²Unit A193 ft²Work5987 ft²Bath6046 ft²Jan61200 ft²Office6240'-0"78 ft²Mail64120 ft²Parcel65451 ft²Media Room66898 ft²Commons67181 ft²Pet Wash29936 ft²Clubroom682,764 ft²CommonsPlaza69NotEnclosedPool70Entry Patio90PLAZA BELOWPLAZA BELOW PLAZA BELOW907 ft²Fitness/FOD921,121 ft²Unit C180 ft²Bath934'-0"MUA5.0'71.7' 7.9' 5.0' 71.7'104.5' 10.8'22.0'9.9'11813794 ft²Townhouse - 3BR792 ft²Townhouse - 3BR792 ft²Townhouse - 3BR794 ft²Townhouse - 3BR794 ft²Townhouse - 3BR792 ft²Townhouse - 3BR792 ft²Townhouse - 3BR794 ft²Townhouse - 3BR35.2'794 ft²Townhouse - 3BR792 ft²Townhouse - 3BR792 ft²Townhouse - 3BR794 ft²Townhouse - 3BR794 ft²Townhouse - 3BR792 ft²Townhouse - 3BR792 ft²Townhouse - 3BR794 ft²Townhouse - 3BR794 ft²Townhouse - 3BR792 ft²Townhouse - 3BR792 ft²Townhouse - 3BR794 ft²Townhouse - 3BR794 ft²Townhouse - 3BR792 ft²Townhouse - 3BR792 ft²Townhouse - 3BR794 ft²Townhouse - 3BR794 ft²Townhouse - 3BR792 ft²Townhouse - 3BR792 ft²Townhouse - 3BR794 ft²Townhouse - 3BR794 ft²Townhouse - 3BR792 ft²Townhouse - 3BR792 ft²Townhouse - 3BR794 ft²Townhouse - 3BR794 ft²Townhouse - 3BR792 ft²Townhouse - 3BR792 ft²Townhouse - 3BR794 ft²Townhouse - 3BR794 ft²Townhouse - 3BR792 ft²Townhouse - 3BR792 ft²Townhouse - 3BR794 ft²Townhouse - 3BR794 ft²Townhouse - 3BR792 ft²Townhouse - 3BR792 ft²Townhouse - 3BR794 ft²Townhouse - 3BR794 ft²Townhouse - 3BR792 ft²Townhouse - 3BR792 ft²Townhouse - 3BR794 ft²Townhouse - 3BR794 ft²Townhouse - 3BR792 ft²Townhouse - 3BR792 ft²Townhouse - 3BR794 ft²Townhouse - 3BR794 ft²Townhouse - 3BR792 ft²Townhouse - 3BR792 ft²Townhouse - 3BR794 ft²Townhouse - 3BR794 ft²Townhouse - 3BR792 ft²Townhouse - 3BR792 ft²Townhouse - 3BR794 ft²Townhouse - 3BR794 ft²Townhouse - 3BR792 ft²Townhouse - 3BR792 ft²Townhouse - 3BR794 ft²Townhouse - 3BR794 ft²Townhouse - 3BR792 ft²Townhouse - 3BR792 ft²Townhouse - 3BR794 ft²Townhouse - 3BR794 ft²Townhouse - 3BR792 ft²Townhouse - 3BR792 ft²Townhouse - 3BR794 ft²Townhouse - 3BR2026845755.7'26.0'10.2'35.2'26.0'35.2'26.0'120.2'26.0'35.2'26.0'35.2'26.0'35.2'26.0'35.2'26.0'26.0'6.4'5.7'8.5'22.0'8.5'12.2'5.4'5.6'8.5'22.0'8.5'12.2'104.9'10.3'106.5'23.0'5.5'32.0'5.7'5.5'3.5'17.4'24.0'5.0'5.0'75.0'10.0'8.0'9.0'19.0'24.0'8.5'24.0'24.0'R9.0'R29.5'R10.0'5.5'7.1'5.7' 19.0' R6.0'R4.0'5.0'5.0'6.0' 15.5'18.7'19.8'14.3'14.4'15.8'15.9'11.3'10.1'18.6'17.6'12.4'11.4'21.9'21.9'8.4'8.3'35.2'21.3',TYP.N89°50'09"E 133.49 N0°11'06"E75.00S89°50'12"W 133.81 N89°50'11"E 133.68 S89°50'10"W 133.62 N0°11'06"E75.00N00°11'06"E 737.13N00°14'02"E 150.00N00°14'02"E 150.0075.00N00°14'02"EN15°01'37"W30.39N0°14'02"E95.07N15° 1 5 ' 0 1 " E 25.09N00°14'02"E 240.00N00°14'02"E 348.7475.00S00°14'01"WN89°43'01"E 134.44 N89°43'00"E 134.38 S00°14'02"W 75.0735.2'35.2'26.0'5.0'5.0'6.0' 15.5'18.7'19.8'14.3'14.4'15.8'15.9'11.3'10.1'18.6'17.6'12.4'11.4'21.9'21.9'8.4'8.3'35.2'21.3',TYP.N15°01'37"W30.394931 W. 35TH ST. SUITE 200ST. LOUIS PARK, MN 55416CivilSiteGroup.com612-615-0060COPYRIGHT 2018 CIVIL SITE GROUP INC.cISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION08/06/18CITY SUBMITTALCEDAR POINT 2 APARTMENTS & TOWNHOMES 16TH AVE. S, RICHFIELD MINNESOTA 55423 317 2ND AVE. S, SUITE 800, MINNEAPOLIS MN, 55401 SIMMONS GROUP/NHH PROPERTIES PROJECT ........................PROJECT NUMBER:1813744263Matthew R. PavekLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.08/06/18REVISION SUMMARYDATEDESCRIPTIONC2.0SITE PLAN............1.CONTRACTOR SHALL VERIFY LOCATIONS AND LAYOUT OF ALL SITE ELEMENTS PRIOR TO BEGINNING CONSTRUCTION, INCLUDING BUT NOT LIMITED TO,LOCATIONS OF EXISTING AND PROPOSED PROPERTY LINES, EASEMENTS, SETBACKS, UTILITIES, BUILDINGS AND PAVEMENTS. CONTRACTOR ISRESPONSIBLE FOR FINAL LOCATIONS OF ALL ELEMENTS FOR THE SITE. ANY REVISIONS REQUIRED AFTER COMMENCEMENT OF CONSTRUCTION, DUE TOLOCATIONAL ADJUSTMENTS SHALL BE CORRECTED AT NO ADDITIONAL COST TO OWNER. ADJUSTMENTS TO THE LAYOUT SHALL BE APPROVED BY THEENGINEER/LANDSCAPE ARCHITECT PRIOR TO INSTALLATION OF MATERIALS. STAKE LAYOUT FOR APPROVAL.2.THE CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO CONSTRUCTION, INCLUDING A RIGHT-OF-WAY AND STREET OPENING PERMIT.3.THE CONTRACTOR SHALL VERIFY RECOMMENDATIONS NOTED IN THE GEO TECHNICAL REPORT PRIOR TO INSTALLATION OF SITE IMPROVEMENT MATERIALS.4.CONTRACTOR SHALL FIELD VERIFY COORDINATES AND LOCATION DIMENSIONS OF THE BUILDING AND STAKE FOR REVIEW AND APPROVAL BY THE OWNERSREPRESENTATIVE PRIOR TO INSTALLATION OF FOOTING MATERIALS.5.LOCATIONS OF STRUCTURES, ROADWAY PAVEMENTS, CURBS AND GUTTERS, BOLLARDS, AND WALKS ARE APPROXIMATE AND SHALL BE STAKED IN THEFIELD, PRIOR TO INSTALLATION, FOR REVIEW AND APPROVAL BY THE ENGINEER/LANDSCAPE ARCHITECT.6.CURB DIMENSIONS SHOWN ARE TO FACE OF CURB. BUILDING DIMENSIONS ARE TO FACE OF CONCRETE FOUNDATION. LOCATION OF BUILDING IS TOBUILDING FOUNDATION AND SHALL BE AS SHOWN ON THE DRAWINGS.7.THE CONTRACTOR SHALL SUBMIT SHOP DRAWINGS OR SAMPLES AS SPECIFIED FOR REVIEW AND APPROVAL BY THE ENGINEER/LANDSCAPE ARCHITECTPRIOR TO FABRICATION FOR ALL PREFABRICATED SITE IMPROVEMENT MATERIALS SUCH AS, BUT NOT LIMITED TO THE FOLLOWING, FURNISHINGS,PAVEMENTS, WALLS, RAILINGS, BENCHES, FLAGPOLES, LANDING PADS FOR CURB RAMPS, AND LIGHT AND POLES. THE OWNER RESERVES THE RIGHT TOREJECT INSTALLED MATERIALS NOT PREVIOUSLY APPROVED.8.PEDESTRIAN CURB RAMPS SHALL BE CONSTRUCTED WITH TRUNCATED DOME LANDING AREAS IN ACCORDANCE WITH A.D.A. REQUIREMENTS-SEE DETAIL.9.CROSSWALK STRIPING SHALL BE 24" WIDE WHITE PAINTED LINE, SPACED 48" ON CENTER PERPENDICULAR TO THE FLOW OF TRAFFIC. WIDTH OFCROSSWALK SHALL BE 5' WIDE. ALL OTHER PAVEMENT MARKINGS SHALL BE WHITE IN COLOR UNLESS OTHERWISE NOTED OR REQUIRED BY ADA OR LOCALGOVERNING BODIES.10.SEE SITE PLAN FOR CURB AND GUTTER TYPE. TAPER BETWEEN CURB TYPES-SEE DETAIL.11.ALL CURB RADII ARE MINIMUM 3' UNLESS OTHERWISE NOTED.12.CONTRACTOR SHALL REFER TO FINAL PLAT FOR LOT BOUNDARIES, NUMBERS, AREAS AND DIMENSIONS PRIOR TO SITE IMPROVEMENTS.13.FIELD VERIFY ALL EXISTING SITE CONDITIONS, DIMENSIONS.14.PARKING IS TO BE SET PARALLEL OR PERPENDICULAR TO EXISTING BUILDING UNLESS NOTED OTHERWISE.15.ALL PARKING LOT PAINT STRIPPING TO BE WHITE, 4" WIDE TYP.16.BITUMINOUS PAVING TO BE "LIGHT DUTY" UNLESS OTHERWISE NOTED. SEE DETAIL SHEETS FOR PAVEMENT SECTIONS.17.ALL TREES THAT ARE TO REMAIN ARE TO BE PROTECTED FROM DAMAGE WITH A CONSTRUCTION FENCE AT THE DRIP LINE. SEE LANDSCAPE DOCUMENTS.SITE LAYOUT NOTES:SITE PLAN LEGEND:TRAFFIC DIRECTIONAL ARROW PAVEMENT MARKINGSSIGN AND POST ASSEMBLY. SHOP DRAWINGS REQUIRED.HC = ACCESSIBLE SIGNNP = NO PARKING FIRE LANEST = STOPCP = COMPACT CAR PARKING ONLY01" = 40'-0"40'-0"20'-0"NSITE AREA TABLE:GOPHER STATE ONE CALLWWW.GOPHERSTATEONECALL.ORG(800) 252-1166 TOLL FREE(651) 454-0002 LOCALPROPERTY LINECURB AND GUTTER-SEE NOTES (T.O.) TIP OUTGUTTER WHERE APPLICABLE-SEE PLANCONSTRUCTION LIMITSTOCITY OF RICHFIELD SITE SPECIFIC NOTES:1.RESERVED FOR CITY SPECIFIC NOTES.CONCRETE PAVEMENT AS SPECIFIED (PAD OR WALK)SEE GEOTECHNICAL REPORT FOR AGGREGATE BASE& CONCRETE DEPTHS, SEE DETAIL.LIGHT DUTY BITUMINOUS PAVEMENT. SEEGEOTECHNICAL REPORT FOR AGGREGATE BASE &WEAR COURSE DEPTH, SEE DEATIL.HEAVY DUTY BITUMINOUS PAVEMENT. SEEGEOTECHNICAL REPORT FOR AGGREGATE BASE &WEAR COURSE DEPTH, SEE DETAIL.SEE SHEETS C2.1 & C2.2 FOR ENLARGEMENTSSEE SHEETS C2.1 & C2.2 FOR ENLARGEMENTSTOWNHOME ONLY ENLARGEMENT01" = 10'-0"10'-0"5'-0"NSEE TOWNHOME ONLY ENLARGEMENT 350 FeetR PC-2 PC-2 R PC-2 C-2 C-2 PC-2 PC-2 PC-2 R PC-2 R PC-2 R PC-2 R R R C-2 PC-2 R PC-2 R RR R R R R RR RR R RR R R R R R R R R R R R R R R R R RR R R R R R R R R R R R R R R R R R R R R R R R R R R RRRR RRR RRR R R RR R R R R RRRR R R RRR R RR R RRRRRRRRRRRRR R RRRRRRRRRRRRRR RRRRRRRRRRRR RRRR RRR R R R R R RRR R RR R R R R RR R RR R R RR R RRRRR R R R R R R R R R R R R R RRRRR RRRR R RRRRRRRRRR C-2 R RRRR RRRRR R R R PC-2 R PC-2 R C-2 C-2 C-2C-2 C-2 C-2 C-2 PC-2 MR-3 MR-3 MR-3 MR-3 MR-3 MR-3 MR-3 MR-3 MR-3 MR-3 MR-3 MR-3 MR-3 MR-3 MR-3 MR-3 MR-3 MR-3 MR-3 MR-3 MR-3 MR-3 MR-3 MR-3 MR-3 MR-3 MR-3 MR-3 MR-3 C-2 C-2C-2 C-2C-2C-2 PC-2 ± Cedar Point II - 08/2018Surrounding Zoning 0 360 720 1,080 1,440180Feet I:\GIS\Community Development\Staff\Assistant Planner\MAPS\Cedar Point 2 - Z.mxd MR-3 - High-Density Multi FamilyR - Single-Family ResidentialC-2 - General CommercialPC-2 - Planned General Commercial 350 FeetRC RC PRK RC CC RC RC RC PRK RC PUB RC RC RC RC RC RC RC RC RC LDR LDRLDR LDR HDR HDR HDR HDR HDR HDR HDR HDR HDR HDR HDR HDR HDR HDR HDR LDR LDR LDR HDR LDR HDR HDR HDR HDR HDR HDR HDR HDR HDR HDR HDR HDR LDRLDR LDR LDR LDR LDR LDRLDR LDRLDR LDR LDRLDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDRLDR HDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDRLDRLDRLDR LDRLDRLDR LDR LDRLDR LDR LDR LDRLDR LDR LDR LDR LDR LDRLDRLDR LDR LDR LDRLDRLDRLDR LDRLDRLDRLDRLDRLDRLDR LDRLDRLDRLDRLDRLDRLDR LDRLDRLDRLDRLDRLDRLDRLDRLDRLDRLDRLDR LDRLDR LDR LDRLDR LDR LDR LDR LDR LDR LDRLDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDRLDRLDR LDR LDRLDRLDR LDRLDRLDRLDRLDRLDRLDRLDRLDR LDRLDRLDRLDRLDRLDRLDRLDRLDRLDR LDR LDRLDRLDRLDR LDRLDRLDRLDRLDR LDR LDR LDR LDRLDRLDRLDRLDRLDRLDRLDR LDRLDR LDRLDR LDR LDRLDR LDR LDRLDR LDR LDRLDR LDR LDRLDR LDR LDR LDRLDRLDRLDRLDRLDR LDR LDRLDRLDR RC CHURCH PUB ± Cedar Point II - 08/2018Surrounding Comprehensive Plan 0 360 720 1,080 1,440180Feet I:\GIS\Community Development\Staff\Assistant Planner\MAPS\Cedar Point 2 - CP.mxd HDR - High-Density ResidentialLDR - Low-Density ResidentialRC - Regional CommercialCC - Community CommercialPUB - Public/Quasi-PublicPRK - Park AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #6.O. STAFF RE P ORT NO. 155 CIT Y COUNCIL ME E T ING 9/11/2018 RE P O RT P RE PA RE D B Y: Jim Topitzhofer, Recreation S ervices D irector D E PA RTME NT D IRE C TO R RE V IE W: Jim Topitzhofer, Recreation S ervices D irector 9/4/2018 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager 9/6/2018 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the approval of an Amendment to the Agreement for Management Services with W heel Fun Rentals, L LC to continue management services for Malt-T-Melt Mini-Golf. E X E C UT IV E S UM M ARY: Plans are proceeding to improve access to the mini-golf facility at Veterans Memorial Park. A new entrance is being installed on the south side of the building providing direct and accessible access to the play equipment area that receives extensive use throughout the season. The existing course is being repaired also, all of which is funded by the W heel Fun Rentals, L L C, the current vendor that has provided management services to operate the mini-golf facility since 2011. An amendment to the current management agreement with W heel Fun Rental, LLC was presented to Council on August 21, 2018 to lengthen the term of the agreement and increase rental fees associated with the agreement. W ith feedback received from the Council, proposed changes to the amended agreement include: Expand the operating season from April 1 to October 31 of each year. Expand use of the entire mini-golf building to include the space formerly used exclusively for arts programming. Expand the term of the agreement from September 1, 2018 to October 31, 2033 as follows: I nitial Term, September 1, 2018 to October 15, 2023. Neither party may terminate this Agreement without c ause before the expiration of the I nitial Term. On or after the expiration of the I nitial Term, but no later than October 15, 2023, either party may cancel this Agreement without cause by giving written notice to the other party, in whic h c ase, such termination shall be effective as of November 30, 2023. I f the City terminates this Agreement pursuant to this paragraph, City will reimburse Manager for 50% of the total cost of Facility improvements c onstruc ted by Manager, in an amount not to exceed $100,000. I f Manager terminates this A greement pursuant to this paragraph, City will reimburse Manager for 40% of the total cost of Facility improvements c onstruc ted by Manager, in an amount not to exceed $80,000. First Renewal Term, October 16, 2023 to October 15, 2025. I f neither party gives notice to terminate this Agreement by October 15, 2023, then this Agreement is automatically extended for the First Renewal Term. Neither party may terminate this Agreement without cause during the First Renewal Term. Second Renewal Term, October 16, 2025 to October 25, 2033. After expiration of the First Renewal Term, this Agreement is automatically extended for the Second Renewal Term. Either party may terminate this Agreement without cause by giving written notice to the other party no later than October 15 of any y ear during the Sec ond Renewal Term; suc h termination shall be effective as of November 30 of the year in which notice is given. I f this Agreement is terminated during the Second Renewal Term, the City is not obligated to reimburse Manager for any costs related to Facility improvements constructed by Manager. The improvements to be c onstruc ted by Manager after exec ution of this Sec ond A mendment must be completed no later than December 31, 2019. Such improvements inc lude, but are not limited to: renovation of the 18-hole mini-golf course, updates to the fountain and river bed system, renovation of the natural water feature with holding pond, reloc ation of the pump house, underbrush maintenance, and re-building of certain sidewalk areas. I ncrease the base rent to $16,000 per year plus 10% of gross revenues from the operation of the Facility, concessions and bike rental, after $200,000 of gross revenues is received. The amendment also stipulates that the facility, building, and operating space are city facilities used primarily for the purpose and promotion of outdoor recreation and that the vendor understands and agrees that these spaces collectively are available for traditional recreational and park uses and must remain fully open to the public. Any advertising signs placed by the vendor must indicate that activities are sponsored by the City of Richfield. T he vendor also understands and agrees that, except as allowed under this Agreement, no other commercial uses are permissible. T he City’s Arts Commission shall be allowed to use the Building one time per month, on a day of its choosing, for the term of this Agreement. RE C O M M E ND E D AC T I O N: By motion: Approve the Amendment to the Agreement for Management Services with W heel Fun Rentals, LL C. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T On April 12, 2011, City Council approved an agreement with W heel Fun Rentals, L L C to operate Adventure Gardens Mini-Golf for a three year period. The private vendor completed a successful first season and was optimistic about continuing a relationship with the City. W ith the help of coordination of advertising with their other operating centers located in South Minneapolis and expertise in the amusement industry, W heel Fun Rentals was able to sell 20% more golf rounds in their first year of operation over the previous season. To build on this success, improvements were made to the facility the next year to increase use. These improvements included the following: Repaired, refreshed and re-branded the existing mini-golf course. Repaired the water feature, stonework and replaced signage. Served malts, ice cream cones and mixed coffee drinks. Added two outdoor patio eating areas, plantings and a pergola. I nstalled new flooring in the common area of the building. These improvements were funded by W heel Fun Rentals and became the property of the City. City Council approved an amendment to the management agreement extending the term to September 1, 2019. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Contracts and agreements of this type are typically reviewed and considered by City Council. C.C R IT IC AL T IMIN G IS S U E S: There are no critical timing issues for this item. D.F IN AN C IAL IMPAC T: Under the amended contract, the City will receive a base rent of $16,000 per year plus 10% of gross revenues from the operation of the facility, concessions and bike rental, after $200,000 of gross revenues is received. W heel Fun Rentals will fund the recommended capital improvements to the mini-golf facility thereby relinquishing the need to invest capital dollars from the City's Special Revenue Fund to pay for repairs and upkeep for the years to come. All improvements funded by the W heel Fun Rentals will become property of the City. E.L E GAL C ON S ID E R AT ION: The City Attorney prepared the amendment and original agreement. The amended agreement was reviewed and approved by J oe Hiller, Minnesota D NR Grants Manager, for compliance with covenants associated with State Outdoor Recreation Grants Agreement used for funding improvements in Veterans Park. ALTE R N AT IV E R E C O MME N D ATIO N(S): Staff believes that a partnership with the W heel Fun Rentals, LLC will continue to increase the number of rounds sold at Adventure Gardens and improve the City’s overall financial position of the Recreation Enterprise Fund. However, the Council may chose not to approve the Agreement and continue to operate the facility as is or to discontinue operation. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: Kris Weiby, Facilities Manager AT TAC H ME N T S: D escription Type Revised S econd A mendment to the Management A greement with Wheel F un Rental, L L c C ontract/A greement 1 SECOND AMENDMENT TO AGREEMENT FOR MANAGEMENT SERVICES THIS SECOND AMENDMENT is made as of September 11, 2018 to the Agreement for Management Services (the “Agreement”) by and between CITY OF RICHFIELD, a Minnesota municipal corporation with offices at 6700 Portland Avenue South, Richfield, MN (“City”) and WHEEL FUN RENTALS, LLC, a Minnesota limited liability company with offices at 3609 Heights Court, St. Cloud, MN (“Manager”). Recitals A. The Agreement for Management Services (“Agreement”) was approved by City on April 12, 2011. The Agreement set a three-year term from April 1, 2011 through September 1, 2014. B. A First Amendment to the Agreement (“First Amendment”) was approved by the City on January 24, 2012. The First Amendment extended the term of the Agreement through September 1, 2019 and also addressed the parties’ responsibilities for facility repairs and improvements. C. The parties now wish to enter into this Second Amendment to the Agreement (“Second Amendment”) to further extend the term of the Agreement, redefine compensation responsibilities, and establish requirements for use of the Facility. Terms 1. Recitals Incorporated. The recitals set forth above are incorporated into and made a part of this Second Amendment. 2. Recital Revised. Recital (B) of the Agreement is amended to read as follows: B. City is also the owner of a building located adjacent to the Facility (the “Building”), approximately 1,664 square feet of which has been used as storage, concessions, restrooms, and office space for operation of the Facility and for bicycle rental (the “Operating Space”). The Operating Space comprises the total area of the Building. 3. Amended Term. Paragraph 2 of the Agreement and First Amendment is amended to read as follows: 2. Term. The Facility and Operating Space are open for use seasonally, from April 1 through October 31 of each year. The initial term of this Agreement is from September 1, 2018 through September 1, 2023 (“Initial Term”). Unless this Agreement is terminated as provided in paragraph 16 below, it will automatically extend for two (2) additional renewal periods as follows: the first renewal period 2 is a two-year period that runs from September 1, 2023 through September 1, 2025 (“First Renewal Term”); the second renewal period is an eight-year period that runs from September 1, 2025 through October 31, 2033 (“Second Renewal Term”). 4. Compensation. Paragraph 3 of the Agreement is amended to read as follows: 3. Compensation/Rent. As compensation, the Manager will retain the gross revenues from the operation of the Facility, concessions and bike rental, less the amounts paid to the City under this paragraph. The Manager will annually pay to the City 10% of gross revenues from the operation of the Facility, concessions and bike rental, after $200,000 of gross revenues is received. The Manager will pay this sum in one installment each year, payable by November 15th of each year. Manager shall also pay to the City a base rent of $16,000 to the City, with quarterly payments in the amount of $4,000 due on January 1st, April 1st, July 1st, and October 1st of each year. 5. Hours of Operation and Rates. Paragraph 5 of the Agreement is amended to read as follows: 5. Hours of Operation and Rates. By January 1 of each year, Manager must submit to the City’s contract manager for approval its proposed schedule of hours of operation and rental rates for the Facility and bicycle rental for the upcoming season. The City’s contract manager may disapprove the proposed schedule of hours and rates only if they are commercially unreasonable; the City must notify Manager by January 15 if the schedule is not approved, or the schedule is deemed approved. If the schedule is not approved, Manager must submit a revised, commercially reasonable schedule to the City’s contract manager by February 1 preceding the season for which the rates are applicable. The hours of operation must include the mini-golf course open to the public starting the first weekend of May through the last weekend of October each year and open seven (7) days per week from June 1st through August 31st of each year. 6. Staffing. Paragraph 6 of the Agreement is amended as follows: 6. Staffing. At its sole expense, Manager must provide sufficient personnel to operate, maintain and repair the Facility, concessions and bicycle rental at all times during each operating season. This includes responsibility for general housekeeping and janitorial duties on days that the Facility is open to the public. Manager is required to obtain criminal background checks on each of its employees who will perform services under this Agreement. In advance of the season starting date of 3 each year, Manager must certify in writing to City that criminal background checks have been performed on Manager’s staff as required by this Agreement. 7. Facility Repairs and Improvements. Paragraph 8 of the Agreement is amended as follows: 8. Facility Repairs and Improvements. Manager is responsible to maintain the Facility and Operating Space at its expense at all times during each operating season. Manager is responsible for conducting regular inspections of the Facility and Operating Space and notifying City of any required repairs. City is responsible for making repairs to the Building in which the Operating Space is located. Manager, at its expense, shall perform all repairs to the Facility, but must notify City prior to effecting any repair with an estimated cost that exceeds $500.00. Prior to making any improvements to the Facility or Building at a cost that exceeds $500.00, Manager must deliver plans, specifications, a proposed construction schedule and proof of financing to City for City’s approval. All improvements must be contracted in accordance with the Minnesota Uniform Contracting Law, and the City and Manager shall determine which party will contract for the improvements and the responsibility for the cost of the improvements, all of which shall be set forth in a separate letter agreement at the time the improvement is approved. The City’s city manager is authorized to approve improvements estimated to cost $10,000 or less; the City’s city council must approve all other improvements. All work must be performed in accordance with applicable laws and ordinances. All improvements to the Facility or Building shall be the property of the City. For all improvements contracted by Manager, Manager must obtain mechanic’s lien waivers and provide City with copies of the same. The improvements to be constructed by Manager after execution of this Second Amendment must be completed no later than December 31, 2019. Such improvements include, but are not limited to: renovation of the 18-hole mini-golf course, updates to the fountain and riverbed system, renovation of the natural water feature with holding pond, relocation of the pump house, underbrush maintenance, and re-building of certain sidewalk areas. 8. Termination. Paragraph 16(A) of the Agreement is amended as follows: 16. Termination. This Agreement may be terminated as provided in this paragraph, and payment of compensation shall be prorated to the last day this Agreement remains in force. A. Termination Without Cause. 1. Initial Term. Neither party may terminate this Agreement without cause before the expiration of the Initial Term. On or after the expiration of the Initial Term, but no later than October 15, 2023, either party may cancel this Agreement without cause by giving 4 written notice to the other party, in which case, such termination shall be effective as of November 30, 2023. If the City terminates this Agreement pursuant to this paragraph, City will reimburse Manager for 50% of the total cost of Facility improvements constructed by Manager, in an amount not to exceed $100,000. If Manager terminates this Agreement pursuant to this paragraph, City will reimburse Manager for 40% of the total cost of Facility improvements constructed by Manager, in an amount not to exceed $80,000. 2. First Renewal Term. If neither party gives notice to terminate this Agreement by October 15, 2023, then this Agreement is automatically extended for the First Renewal Term. Neither party may terminate this Agreement without cause during the First Renewal Term. 3. Second Renewal Term. After expiration of the First Renewal Term, this Agreement is automatically extended for the Second Renewal Term. Either party may terminate this Agreement without cause by giving written notice to the other party no later than October 15 of any year during the Second Renewal Term; such termination shall be effective as of November 30 of the year in which notice is given. If this Agreement is terminated during the Second Renewal Term, the City is not obligated to reimburse Manager for any costs related to Facility improvements constructed by Manager. 9. A new paragraph 23 is added to the Agreement as follows: 23. Permissible Uses. The Facility, Building, and Operating Space are city facilities used primarily for the purpose and promotion of outdoor recreation. Manager understands and agrees that these spaces collectively are available for traditional recreational and park uses and must remain fully open to the public. Any advertising signs placed by Manager must indicate that activities are sponsored by the City of Richfield. Manager also understands and agrees that, except as allowed under this Agreement, no other commercial uses are permissible. The City reserves the right to conduct or sponsor additional recreational activities, as well as store recreational equipment, in the areas covered by this Agreement. The City’s Arts Commission shall be allowed to use the Building one time per month, on a day of its choosing, for the term of this Agreement. 9. Effect of Amendment. Except as expressly modified by this Second Amendment, the terms and conditions of the Agreement and First Amendment remain in full force and effect. CITY OF RICHFIELD WHEEL FUN RENTALS, LLC 5 By Its Mayor By Its City Manager By Its Manager AGENDA SECTION:PROPOSED ORDINANCES AGENDA ITEM #8. STAFF RE P ORT NO. 156 CIT Y COUNCIL ME E T ING 9/11/2018 RE P O RT P RE PA RE D B Y: Julie Urban, Housing Manager D E PA RTME NT D IRE C TO R RE V IE W: John S tark, C ommunity D evelopment D irector 9/4/2018 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager 9/6/2018 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the approval of the first reading of an ordinance adopting a new City Code Section 409 relating to the sale of affordable rental housing and establishing notice and relocation assistance requirements for new owners and scheduling a second reading on September 25, 2018. E X E C UT IV E S UM M ARY: I n recent years, Naturally Occurring Affordable Rental Housing (NOA H) in Richfield and throughout the metro area has become vulnerable to being purchased, renovated and rents raised. W hile investment in our rental housing stock is welcomed, the increased rents that occur when NOA H is converted to market-rate housing have displaced countless residents from their homes. W ith low vacancy rates and a lack of new affordable units being constructed across the metro area, this displacement has had a devastating impact on low-income households who call rental housing their home. Much of Richfield's rental housing stock is NOA H housing, and the City desires to protect this valuable resource and to provide housing stability and protection to the residents who live in this affordable housing. The City has spent over a year considering a variety of tools and strategies to preserve the City's NOA H housing. The proposed tenant protection ordinance is one of these tools. The first tenant protection ordinance in the metro area was developed by a group of rental property owners and tenant advocacy organizations and adopted by the City of St. Louis Park. The ordinance under consideration is based on this work. Under the proposed tenant protection ordinance, new owners of rental housing (defined as buildings with three or more units) will be required to provide a 90-day protection period following the sale of a property, during which time new owners must provide financial compensation to tenants if they do any of the following three things: 1. terminate a rental agreement without just cause; 2. raise rents, or 3. initiate a new screening process that results in terminating an existing tenant's lease. I f an owner does any of these three things during the protection period, they must pay relocation assistance to the displaced tenant equal to three months' contract rent. The new owner will be required to send notice to the tenant within 30 days of closing on the property, informing them of the new ownership, whether or not any of these three things will occur during the 90-day protection period, and if they intend to do them following the expiration of the protection period. A version of the ordinance was brought before the Council and Housing & Redevelopment Authority (HRA) at a J uly work session. Since that time, staff and the City Attorney have made changes to the ordinance based on feedback from policymakers and the public and in order to make the ordinance language clear and easy to understand and to administer. The most substantive changes include the following: Section 409: The statement of purpose states that the ordinance is about providing housing stability and protection to tenants in affordable housing. Section 409.03, subd. 5: T he notice must be provided in a tenant's native language upon request. Section 409.05: The section has been revised and reformatted to clearly indicate when relocation payments must be made. Section 409.05, subd. 1(b): The revision clarifies that if rents are raised during the 90-tenant protection period and a tenant moves out, then the new owner is required to pay relocation benefits. A second reading is proposed for September 25, 2018. The ordinance would become effective on J anuary 1, 2019. RE C O M M E ND E D AC T I O N: By Motion: 1. Approve the first reading of an ordinance adopting a ne w City Code Section 409 re lating to the sale of affordable re ntal housing and e stablishing notice and re location assistance re quirements for ne w owne rs and 2. Schedule a second reading on the ordinance for September 25, 2018. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T Since April of 2017, the City Council has been considering the need to preserve the City's NOA H and has studied a variety of tools and strategies to do so. I n October 2017, the City Council and HRA established goals and a work plan for strengthening the City's apartment communities. The proposed ordinance supports these goals and is one step in the work plan. I n May, 2018, the Council directed staff to move forward on developing a tenant protection ordinance. On J uly 16, 2018, the Council reviewed a draft tenant protection ordinance at a work session. Following the work session, the ordinance was made available on the City's website and comments on the ordinance were encouraged. Several written comments were received on the proposed ordinance. In summary, people wrote: I n support of passing the ordinance and providing protection to tenants living in affordable housing. The ordinance should be expanded to provide greater protection to residents living in accessible apartments. By applying the ordinance only to affordable housing, landlords may be encouraged to raise rents in order to avoid the regulations. A landlord recovery fund is needed that would assist landlords in recovering extraordinary costs incurred from damage by tenants. More extensive comments and questions were submitted by the Richfield Community Housing Team. Those comments and staff's written responses are attached. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The proposed ordinance furthers the Council goal to strengthen protections for renters in order to promote housing stability. C.C R IT IC AL T IMIN G IS S U E S: Second reading of the ordinance will take place on September 25, 2018. The ordinance will take effect on J anuary 1, 2019. I nformation on the ordinance will be sent to rental property owners with annual rental license renewals in October. D.F IN AN C IAL IMPAC T: The proposed ordinance will require City staff to publicize and enforce the notification requirements. At this time, existing Community Development staff will carry out these responsibilities. E.L E GAL C ON S ID E R AT ION: The City Attorney has prepared the proposed ordinance. A second and final reading would be scheduled for September 25, 2018. A public hearing on the ordinance is not legally required; however, the Council may choose to accept public testimony on the ordinance. ALTE R N AT IV E R E C O MME N D ATIO N(S): 1. Deny a first reading of the ordinance. 2. Conduct a first reading with amendments. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: N/A AT TAC H ME N T S: D escription Type Ordinance Ordinance Richfield C ommunity Team Housing C omments B ackup Material 534979v1 MDT RC160-5 BILL NO. _________ AN ORDINANCE ADOPTING A NEW CITY CODE SECTION 409 RELATING TO THE SALE OF AFFORDABLE RENTAL HOUSING AND ESTABLISHING NOTICE AND RELOCATION ASSISTANCE REQUIREMENTS FOR NEW OWNERS THE CITY OF RICHFIELD DOES ORDAIN: SECTION 1. The Richfield City Code is amended by adding a new Section 409 as follows: SECTION 409. – SALE OF AFFORDABLE RENTAL HOUSING; NOTICE AND RELOCATION ASSISTANCE REQUIREMENTS 409.00. – Purpose. It is the purpose of this Section to provide housing stability and protection to tenants in affordable rental housing who are facing displacement by providing for notice to the City and tenants when transitions from current affordable housing uses are planned, and providing tenant relocation assistance when affordable housing is converted and tenants are required to move without adequate time to find new housing. 409.01. – Definitions. Subdivision. 1. The following definitions apply in this Section: (a) “Affordable housing building” means an apartment house as defined in 407.03 having three or more dwelling units, where at least 20% of the units rent for an amount that is affordable to households at or below 60 percent of area median income, as median income was most recently determined by the United States Department of Housing and Urban Development for the Minneapolis-St. Paul- Bloomington, Minnesota- Wisconsin Metropolitan Statistical Area, as adjusted for household size and number of bedrooms. (b) “Affordable housing unit” means a rental unit in an affordable housing building that rents for an amount that is affordable to households at or below 60 percent of area median income, as median income was most recently determined by the United States Department of Housing and Urban Development for the Minneapolis- St. Paul- Bloomington, Minnesota-Wisconsin Metropolitan Statistical Area, as adjusted for household size and number of bedrooms. (c) “Cause” means the tenant or a member of the tenant’s household materially violated a term of the lease or rental agreement, or violated an applicable federal, state, or local law or regulation. (d) “Relocation assistance” means a payment in the amount equal to three months of the current contract rent charged to the tenant. (e) “Tenant protection period” means the period that commences on the date when a real estate closing transfers ownership of an affordable housing building and runs through the end of the 3 calendar months following the month in which written notice of the transfer is sent to each affordable housing unit tenant pursuant to subsection 409.03. 534979v1 MDT RC160-5 409.03. – Transfer of Ownership. Subdivision 1. Notice. Whenever ownership of an affordable housing building is transferred, the new owner shall, within thirty (30) days after the date on which a real estate closing transfers ownership of the affordable housing building, give written notice to each affordable housing unit tenant of the building that the property is under new ownership. The notice must include the following information: (a) The name, mailing address, and telephone number of the new owner. (b) The following statement: Richfield City Code Section 409 provides for a three-month tenant protection period for affordable housing unit tenants after an affordable housing building is transferred to a new owner. Under Section 409, affordable housing unit tenants are entitled to relocation assistance from the new owner if, during the tenant protection period, the new owner: (1) Without cause, terminates or does not renew the tenant’s rental agreement; (2) Raises the rent and the tenant submits a written notice of termination of their rental agreement; or, (3) Requires existing affordable housing unit tenants to comply with new residency screening criteria and the owner terminates the tenant’s rental agreement. (c) Whether there will be any rent increase during the tenant protection period, the amount of the rent increase, and the date the rent increase will take effect. (d) Whether the new owner will require existing affordable housing unit tenants to comply with new residency screening criteria during the tenant protection period and, if so, a copy of the new screening criteria. (e) Whether the new owner will, without cause, terminate or not renew the tenant’s rental agreement during the tenant protection period, and if so, the date the rental agreement will terminate and the amount of relocation assistance that will be provided. (f) The date the tenant protection period will expire. (g) Whether the new owner, after the tenant protection period expires, intends to: increase rent; require existing affordable housing unit tenants to comply with new residency screening criteria; or, without cause, terminate or not renew affordable housing unit rental agreements and, if so, when the new owner intends to take such actions. Subd. 2. Amended notice required. If a new owner decides to take action during the tenant protection period that is different than the action described in the notice required under subsection 534979v1 MDT RC160-5 409.03, subd. 1, the owner must send the impacted tenant or tenants an amended notice describing the modified action and the timing for the same. Subd. 3. Copy of notices to City. The new owner shall provide a copy of the notices required by this subsection to the City at the same time notice is provided to the tenant or tenants. Subd. 4. Copy of Rent Roll to City. If the new owner claims the property or the unit does not meet the definition of Affordable Housing Building or Affordable Housing Unit, upon request, the owner shall provide a copy of the rent roll, including the amount of contract rents paid by tenants, to the City. Subd. 5. Language requirement. Each notice required by this subsection shall contain an advisory that reads as follows: “This is important housing information. If you do not understand it, have someone translate it for you now.” This advisory must be stated in the notice in the following languages: Spanish, Somali, and Hmong. Upon request by a tenant, the owner must provide a written translation of the notice into the tenant’s native language. 409.05. – Relocation Assistance. Subdivision 1. When required. A new owner of an affordable housing building must pay relocation assistance to affordable housing unit tenants when, during the tenant protection period, the new owner: (a) Without cause, terminates or does not renew the tenant’s rental agreement; or, (b) Raises the rent and the tenant submits a written notice of termination of their rental agreement; or (c) Requires existing tenants to comply with new residency screening criteria and the owner terminates the tenant’s rental agreement. Subd. 2. When paid. The new owner must pay the relocation assistance to the tenant within 30 days after receiving tenant’s written notice of termination of the rental agreement or within 30 days after the owner notifies the tenant that the rental agreement will be terminated or not renewed. 409.07. – Penalty. Subdivision 1. A violation of subsection 409.05 is an administrative offense that may be subject to an administrative citation and civil penalties as provided in City Code Section 325. Notwithstanding any provision of City Code Section 325, the penalty for a violation of subsection 409.05 shall be the sum of the applicable amount of relocation assistance plus $500. Subd. 2. A violation of subsection 409.03 is an administrative offense that may be subject to an administrative citation and civil penalties as provided in City Code 325. Subd. 3. A violation of this Section as to each dwelling unit shall constitute a separate offense. 534979v1 MDT RC160-5 409.09. – Payment by City to Displaced Tenant. Within 30 days after a person pays the penalty provided for in subsection 409.07, subd. 1, the city shall pay to the displaced tenant of the affordable housing unit for which the violation occurred, the applicable amount of relocation assistance. SECTION 2. This Ordinance shall take effect January 1, 2019. ADOPTED this day of _, 2018, by the City Council of the City of Richfield. By: ___________________________ Pat Elliott, Mayor ATTEST: ________________________ Elizabeth VanHoose, City Clerk Dear Julie, The leaders of the Richfield Community Housing Team have reviewed the draft ordinances for Inclusionary Housing and 90-Day Tenant Protection Period. We appreciate the work that has gone into drafting these and think it will be an important step toward protecting tenants from involuntary displacement and ensuring affordable housing is available into the future. We do, however, have some concerns about the current wording of these ordinances and would ask that you create the strongest versions possible. Here are several points we would like you to consider: [ . . . ] 90-Day Protection Ordinance: 1. We believe this ordinance is more about protecting tenants from displacement than ensuring housing availability. The purpose of the ordinance should be updated to reflect that. A: A: A: A: The purpose statement has been updated.The purpose statement has been updated.The purpose statement has been updated.The purpose statement has been updated. 2. Relocation assistance should have a minimum guaranteed dollar amount listed for different sized units. Regardless of how low someone’s rent may be now, a quick displacement will cost over $2,000 for smaller units and upwards of $4,000 for larger units. A: A: A: A: We believe a formula based on current rents paid is the most straightforward We believe a formula based on current rents paid is the most straightforward We believe a formula based on current rents paid is the most straightforward We believe a formula based on current rents paid is the most straightforward for for for for owners owners owners owners to administer.to administer.to administer.to administer. 3. The notices in this ordinance should be in tenants’ preferred language so they can understand and respond to what is happening. A: A: A: A: We’ve added a requirement to provide the notice in tenant’s native languageWe’ve added a requirement to provide the notice in tenant’s native languageWe’ve added a requirement to provide the notice in tenant’s native languageWe’ve added a requirement to provide the notice in tenant’s native language upon upon upon upon requestrequestrequestrequest.... 4. Whose responsibility is it to report owners’ non-compliance with this ordinance? Does it fall to the tenant to report or does the city proactively check to make sure this is happening? A: A: A: A: We will We will We will We will work proactivelywork proactivelywork proactivelywork proactively to to to to inform the City’s current owners inform the City’s current owners inform the City’s current owners inform the City’s current owners about the about the about the about the requirement. We plan to notify requirement. We plan to notify requirement. We plan to notify requirement. We plan to notify existing existing existing existing owners annually through their rental licen singowners annually through their rental licensingowners annually through their rental licensingowners annually through their rental licensing renewals and will take other measures to publicize the requirements. Since we do not renewals and will take other measures to publicize the requirements. Since we do not renewals and will take other measures to publicize the requirements. Since we do not renewals and will take other measures to publicize the requirements. Since we do not currently have a system in place where we get notif ied of a sale, currently have a system in place where we get notif ied of a sale, currently have a system in place where we get notif ied of a sale, currently have a system in place where we get notif ied of a sale, or know who or know who or know who or know who potential new owners might be, potential new owners might be, potential new owners might be, potential new owners might be, ensuring compliance ensuring compliance ensuring compliance ensuring compliance will be challengingwill be challengingwill be challengingwill be challenging.... 5. We would like to see an additional category for wheelchair accessible units that provides higher relocation assistance and 120-Day protection period for tenants in need of an accessible unit. A: A: A: A: We need more information on We need more information on We need more information on We need more information on this issue before movin g forwardthis issue before moving forwardthis issue before moving forwardthis issue before moving forward.... We don’t want to We don’t want to We don’t want to We don’t want to slslslslowowowow progress by waiting to pass the ordinance until we do this researchprogress by waiting to pass the ordinance until we do this researchprogress by waiting to pass the ordinance until we do this researchprogress by waiting to pass the ordinance until we do this research.... 6. Why is this limited to buildings with 3 or more units? A: A: A: A: There are currently 162 apartment buildings in R ichfield but over 700 single family There are currently 162 apartment buildings in Rich field but over 700 single family There are currently 162 apartment buildings in Rich field but over 700 single family There are currently 162 apartment buildings in Rich field but over 700 single family and duplex rentals. We are proposing an orand duplex rentals. We are proposing an orand duplex rentals. We are proposing an orand duplex rentals. We are proposing an ordinance t hat we believe has the greatestdinance that we believe has the greatestdinance that we believe has the greatestdinance that we believe has the greatest chance of success chance of success chance of success chance of success totototo reach a significant number of people reach a significant number of people reach a significant number of people reach a significant number of people whilewhilewhilewhile recognizing the City’s recognizing the City’s recognizing the City’s recognizing the City’s limited resources. limited resources. limited resources. limited resources. Thank you for your work! We ask that you continue to consider the voices and concerns of the people most directly impacted by the affordable housing crisis. Please let us know if you have any questions. -The Richfield Community Housing Team AGENDA SECTION:RESOLUTIONS AGENDA ITEM #9. STAFF RE P ORT NO. 157 CIT Y COUNCIL ME E T ING 9/11/2018 RE P O RT P RE PA RE D B Y: W illiam F illmore, L iquor Operations D irector D E PA RTME NT D IRE C TO R RE V IE W: W illiam F illmore, L iquor Operations D irector 8/23/2018 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager 9/6/2018 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the adoption of a resolution opposing the concept of allowing strong beer, spirits and wine to be sold, for off premise consumption, at any outlet other than the municipal liquor stores. E X E C UT IV E S UM M ARY: The City of Richfield operates four municipal liquor stores. The concept of city-owned stores was initially established to control the sale of alcoholic beverages. Profits obtained from the sale of products sold at the municipal liquor dispensary are traditionally used to fund recreational projects in the City of Richfield. Allowing additional outlets that are not city-owned to sell similar products would reduce both control and funding for city recreational projects in the future. RE C O M M E ND E D AC T I O N: By motion: Adopt a resolution to oppose the concept of allowing strong beer, spirits and wine to be sold, for off premise consumption, at any outlets other than the municipal liquor stores. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T A bill was introduced in the 2017 legislative session to allow wine, beer and spirits to be sold in grocery and convenience stores. The bill is expected to be introduced again next year. I n preparation, staff is recommending that the City Council pass a resolution in opposition to the initiative. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Currently, the only licensed retail beverage outlets are city-owned. C.C R IT IC AL T IMIN G IS S U E S: Establishing a position prior to the 2019 legislative session allows the Council time to respond to public feedback. D.F IN AN C IAL IMPAC T: Off premise sale of alcoholic beverages by any outlet other than the municipal liquor stores would dilute the annual profits obtained from beverage sales in Richfield. E.L E GAL C ON S ID E R AT ION: None ALTE R N AT IV E R E C O MME N D ATIO N(S): Council may choose to not to adopt the resolution. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: N/A AT TAC H ME N T S: D escription Type Resolution Resolution L etter RESOLUTION NO. RESOLUTION OPPOSING ALLOWING STRONG BEER, SPIRITS AND WINE IN OTHER OUTLETS THAN THE MUNICIPAL LIQUOR STORE WHEREAS, the sale of strong beer, spirits and wine for off premise consumption, in any Richfield business outlet, other than the Municipal Liquor Stores, could cause problems in our youth and at risk adults of uncontrolled and excessive drinking and subsequent increases in police protection and public health costs; and WHERAS, the sale of strong beer, spirits and wine in any Richfield business outlet, for off premise consumption, other that the Municipal Liquor Stores would be damaging, injurious and otherwise detrimental to the financial status of the Richfield Municipal Liquor Store and the City itself NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, hereby express our opposition to the sale of strong beer, spirits and wine, for off premise consumption, in the City other than at the Richfield Liquor Stores. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of September, 2018. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #10. STAFF RE P ORT NO. 158 CIT Y COUNCIL ME E T ING 9/11/2018 RE P O RT P RE PA RE D B Y: Jared Voto, E xecutive A ide/A nalyst D E PA RTME NT D IRE C TO R RE V IE W: S teven L . D evich, C ity Manager 9/5/2018 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager 9/5/2018 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the appointment of youth members to City advisory board/commissions. E X E C UT IV E S UM M ARY: City advisory commission terms for youth members are for one year and terms expired on August 31, 2018. City Manager ’s office to conducted a recruitment seeking applicants to fill the youth vacancies for 2018-2019. T his recruitment included information on the City’s website, Facebook page, and communication with the local high schools. Applicants were interviewed at a special City Council work session on September 4, 2018, and are considered for appointment based on their stated commission preference. RE C O M M E ND E D AC T I O N: By motion: Appoint persons to fill vacant youth terms on City advisory board/commissions. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T This information is contained in the Executive Summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): City advisory commissions were established by City ordinance or resolution. C.C R IT IC AL T IMIN G IS S U E S: Terms of City advisory commission youth members expired on August 31, 2018. D.F IN AN C IAL IMPAC T: N/A E.L E GAL C ON S ID E R AT ION: The September 4, 2018, special City Council work session was posted in accordance with the open meeting law requirements. ALTE R N AT IV E R E C O MME N D ATIO N(S): The City Council may choose to defer the appointments to a future City Council meeting; however, this would leave vacancies on the board/commissions. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type Vacancy L ist B ackup Material YOUTH COMMISSION VACANCIES Term Expires ADVISORY BOARD OF HEALTH Ruth Kiflu (reappointment) August 31, 2019 ARTS COMMISSION August 31, 2019 August 31, 2019 COMMUNITY SERVICES COMMISSION August 31, 2019 August 31, 2019 FRIENDSHIP CITY COMMISSION August 31, 2019 August 31, 2019 HUMAN RIGHTS COMMISSION August 31, 2019 August 31, 2019 TRANSPORTATION COMMISSION Jack Wold (reappointment) August 31, 2019 August 31, 2019 AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #11. STAFF RE P ORT NO. 159 CIT Y COUNCIL ME E T ING 9/11/2018 RE P O RT P RE PA RE D B Y: C hris Regis, F inance Manager D E PA RTME NT D IRE C TO R RE V IE W: S teven L . D evich, C ity Manager 9/6/2018 O THE R D E PA RTM E NT RE V IE W: None C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager 9/6/2018 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of adoption of the 2018 Revised/2019 Proposed Budget resolutions adopting the 2019 preliminary property tax levy, setting truth in taxation hearing date, authorizing budget revisions, and authorizing revision of 2018 budget of various departments. E X E C UT IV E S UM M ARY: On September 5, 2018, a special City Council meeting was held for the purpose of presenting and discussing the 2018 Revised/2019 Proposed Budget and 2019 preliminary property tax levy. At this meeting staff presented to the City Council a preliminary gross tax levy of $21,626,692 which includes a levy for general fund operations of $16,716,313, a debt service levy of $3,170,338, a tax abatement levy of $372,760, an equipment and technology levy of $800,000, and an Economic Development Agency levy of $567,281. Accordingly, the 2019 preliminary gross levy represents a 4.87% increase from the 2018 gross levy. As Council is aware, once the preliminary levy is approved, it may be further reduced at a later City Council meeting, but it legally cannot be increased over the preliminary approved amount. I n addition, the City must certify its proposed property tax levy for payable year 2018 to the County Auditor and set a date for its Truth in Taxation public meeting on or before October 1, 2018. The Truth in Taxation public meeting must be held between November 25 and December 28, 2018 and must occur at 6:00 p.m. or later. The City’s Truth in Taxation public meeting is scheduled for Wednesday November 28, 2018 at 6:00 p.m. at the City of Richfield Municipal Center. RE C O M M E ND E D AC T I O N: By motion: Adopt resolutions establishing the 2019 preliminary property tax levy and proposed date for the Truth in Taxation hearing, authorizing budget revisions, and authorizing revision of 2018 budget of various departments. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T N/A B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The City Charter establishes that at a special budget meeting of the Council on or before September 15, the City Manager must submit to the Council a proposed budget and a budget message in the form and containing the information specified in Section 7.06. Consequently, as required by the Truth in Taxation legislation (MS 275.065) each “taxing authority” must certify its proposed property tax levy for payable year 2019 to the County Auditor on or before October 1, 2018. “Taxing authority” includes all counties, all school districts, all cities regardless of population, all towns, special taxing districts. No local units of government are exempted from this requirement. I n addition, each “taxing authority” with a population of 500 or more, must certify to their County Auditor the date that has been selected for the Truth in Taxation public meeting by October 1, 2018. This Truth in Taxation public meeting must be held between November 25 and December 28, 2018 and must occur at 6:00 p.m. or later. C.C R IT IC AL T IMIN G IS S U E S: Along with the 2018 Revised/2019 Proposed budget and preliminary property tax levy, City staff is also recommending a date for this year ’s Truth in Taxation public meeting. I t is recommended that this year ’s meeting be set for 6:00 p.m. Wednesday, November 28, 2018. As Council Members are aware, at these public meetings, the tax levy may be reduced from the preliminary tax levy, but not increased. All official action concerning the preliminary tax levy and setting dates for the Truth in Taxation hearings must be concluded before October 1, 2018. D.F IN AN C IAL IMPAC T: The preliminary gross levy for taxes payable 2019 as presented is $21,626,692. The City’s tax capacity rate is anticipated to decrease from 57.729% to 52.855%. I ncluded in the 2019 preliminary gross levy is a levy to fund the purchase of rolling stock and technology equipment of $800,000 and a levy to fund the Economic Development Authority of $567,281. A final resolution for consideration authorizes the revision of the 2018 budget to conform to the most recent 2018 revenue and expenditure projections. E.L E GAL C ON S ID E R AT ION: N/A ALTE R N AT IV E R E C O MME N D ATIO N(S): The City Council could adopt a lesser 2019 preliminary property tax levy or 2018 Revised/2019 Proposed budget or select other allowable Truth in Taxation hearing dates. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: N/A AT TAC H ME N T S: D escription Type Resolution A dopting a P roposed 2019 B udget and Tax L evy Resolution L etter Resolution A uthorizing B udget Revisions Resolution L etter Resolution A uthorizing Revision of 2018 B udget of Various D epartments Resolution L etter RESOLUTION NO. RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2019 WHEREAS, the Minnesota Truth in Taxation law provides for a proposed tax levy to be certified to the County Auditor by October 1, 2018 and then recertified before December 28, 2018. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The budget for the City of Richfield for the year 2019 is hereby approved and adopted with appropriations for each of the departments to be as follows: General Fund Legislative/Executive $ 928,660 Administrative Services 1,404,090 Public Safety 9,516,580 Fire Services 4,441,800 Community Development 1,571,710 Public Works 4,187,140 Recreation Services 1,968,070 Transfers Out 210,000 TOTAL GENERAL FUND $24,228,050 2. The estimated gross revenue of the City of Richfield from all sources, including general ad valorem tax levies as hereinafter set forth for the year 2019 which are more fully detailed in the City Manager’s official copy of the 2019 budget, are hereby found and determined to be as follows: TOTAL GENERAL FUND $24,228,050 3. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2018, payable in 2019 for the following purposes and in the following amounts: PURPOSE AMOUNT General Fund1 $16,716,3132 Equipment 800,000 Economic Development Authority 567,281 Debt Service 3,170,338 Cedar Point Tax Abatement 372,760 1 Provision has been made in the General Fund for the payment of the City’s contributory share to Public Employees’ Retirement Association. 2 General Fund Levy includes all fiscal disparities distribution amounts. 4. The debt service tax levy as established in the bond documents for the G.O. Street Reconstruction Bonds, Series 2012A, will be reduced from $143,336 to $130,955 due to the use surplus bond proceeds from the issue. 5. The debt service tax levy as established in the bond documents for the G.O. Street Reconstruction Bonds, Series 2015A will be reduced from $625,203 to $276,301 due to the utilization of gas and electric franchise fees. 6. The debt service tax levy as established in the bond documents for the G.O. Street Reconstruction Bonds, Series 2018A will be reduced from $703,474 to $375,563 due to the utilization of gas and electric franchise fees. 7. The budget for the Housing and Redevelopment Authority of Richfield for the year 2019 is hereby ratified and approved. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2018, payable in 2019 for the following purposes: PURPOSE AMOUNT Housing and Redevelopment Authority $594,781 8. A certified copy of this resolution shall be transmitted to the County Auditor. 9. The Truth in Taxation public meeting shall be set for 6:00 p.m. November 28, 2018. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of September 2018. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING BUDGET REVISIONS WHEREAS, the City Charter and Minnesota Statutes provide for a process for adopting an annual budget and tax levy; and WHEREAS, the City Charter provides certain authority for the City Manager and/or City Council to revise the annual budget; and WHEREAS, it would be beneficial to restate such authority with the adoption of the budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The City Manager may increase the budget by City Council action provided that unbudgeted receipts will be available to equal or exceed the increased expenditures. 2. The City Manager may authorize transfers between divisions within a department providing the transfers do not increase or decrease the department or total budget. 3. The City Manager may transfer budgeted amounts between departments only with the approval of the City Council. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of September, 2018. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING REVISION OF 2018 BUDGET OF VARIOUS DEPARTMENTS WHEREAS, Resolution No. 11445 appropriated funds for personal services, other expenses and capital outlays for each department of the City for the year of 2018; and WHEREAS, The City Charter, Chapter 7, Section 7.09, gives the Council authority to transfer unencumbered appropriation balances from one department to another within the same fund at the request of the City Manager; and WHEREAS, The City Manager has requested a revision of the 2018 budget appropriations in accordance with Charter provisions and as detailed in the Proposed 2019 budget document. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the 2018 appropriations for each department of the General Fund be amended to establish the following totals: General Fund Legislative/Executive $ 900,870 Administrative Services 1,384,690 Public Safety 9,008,680 Fire Services 4,270,910 Community Development 1,475,280 Public Works 4,085,980 Recreation Services 1,925,140 Transfer Out 195,000 TOTAL GENERAL FUND $23,246,550 DECREASE $ 103,460 2. Estimated 2018 gross revenue of the City of Richfield from all sources, as the same are more fully detailed in the City Manager’s official copy of the proposed 2019 budget, are hereby revised as follows: DECREASE $103,460 3. That the City Manager and the Finance Manager bring into effect the provisions of this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of September 2018. Pat Elliott, Mayor ATTEST: ________________________ Elizabeth VanHoose, City Clerk AGENDA SECTION:RESOLUTIONS 2 AGENDA ITEM #15. STAFF RE P ORT NO. 160 CIT Y COUNCIL ME E T ING 9/11/2018 RE P O RT P RE PA RE D B Y: Jeff P earson, C ity E ngineer D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector 9/4/2018 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager 9/6/2018 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the adoption of a resolution approving the 77th Street Improvements Final Layout dated October 2017 and the use of eminent domain to acquire private property as required for the construction of the 77th Street/Richfield Parkway Project. E X E C UT IV E S UM M ARY: The 77th Street underpass construction project has had multiple layouts over the last 20 years. Many of those layouts required excessive right-of-way acquisition or additional bridges that added cost to an unfunded project. I n the last four years, as various funding sources have been awarded to the project, the design has been refined to minimize the right-of-way and bridge work needed to still achieve the goals of the project. The final design layout reflects those refinements as well as comments from project open houses and Council work sessions. Although the right-of-way needed to complete the project was minimized from previous designs, it still requires the acquisition of the Motel 6 property due to the proximity of the Highway 77/I -494 I nterchange. Appraisals of the property have been completed by the City's consultant and in order to stay on a schedule to start construction in the Spring of 2019, the Council must approve the use of eminent domain prior to making a last written offer. Approval of the resolution does not require the City to use eminent domain if a purchase agreement can be negotiated outside of that process. T he timeline for using eminent domain to acquire the parcel is as follows: September 11, 2018: Resolution directing a last written offer (pursuant to Minn. Stat. § 117.031); and, authorizing eminent domain and approving the appraised value of the real property to be condemned using the quick-take statute, Minn. Stat. § 117.042. September 12, 2018: The City’s direct purchase consultant to make a last written offer pursuant to Minn. Stat. § 117.031 October 1, 2018: District Court Condemnation Petition and Notice of Lis Pendens. City Attorney effectuates Three (3) Parallel Eminent Domain Notice Processes. J anuary 8, 2019: City Attorney completes the Three (3) Parallel Eminent Domain Process Time Periods. J anuary 22, 2019: City Attorney completes a District Court Hearing on the City’s Condemnation Petition that requests that the District Court award the City with title and possession to the property and deposits the City’s quick take payment in order to achieve title and possession to the property. I n order to receive final plan approval for the project from MnD OT, title and possession of all right-of-way must be complete. There are several temporary easements needed to complete construction that will run on their own timeline and be brought to the Council as needed in the future. RE C O M M E ND E D AC T I O N: By motion: Adopt a resolution approving the 77th Street Improvements Final Layout dated October 2017 and the use of eminent domain to acquire private property as required for the construction of the 77th Street/Richfield Parkway Project. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T The City Council passed Resolution No. 10847 on October 8, 2013 supporting the 77th Street Underpass Project. The City Council passed Bill No. 2013-24 on December 10, 2013 adopting the 77th Street Underpass Official Right-of-Way Map (City Ordinance 551). The current layout reduces the impact from the official map but still requires the Motel 6 parcel. An open house was held March 10, 2016 gathering feedback on two layout options. A City Council work session was held on April 12, 2016 in which staff presented the layout options, the open house feedback, and received direction on the design moving forward. Council directed staff to explore another alternative layout that provided the future Richfield Parkway connection along the east side of Washington Park, eliminating the need for a bridge or intersection for old Cedar Ave. A City Council work session was held on May 10, 2016 in which staff presented the alternative Richfield Parkway connection layout brought up at the April 12 meeting. Council consensus was to direct staff to proceed with this layout. A City Council work session was held on J une 27, 2017 in which staff updated the Council on project design, schedule, and funding. A project open house was held J anuary 18, 2018 gathering feedback on the project layout including both the Richfield Parkway connection and separate improvements to Washington Park. Comments primarily focused on the sledding hill, parking, and other park impacts. A City Council work session was held on February 27, 2018 in which staff presented the open house feedback, and received direction on the design moving forward including informal approval of the Preliminary Design Layout. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): T he City has the legal authority to acquire private property by eminent domain for a public purpose. Consistent with City Ordinance No. 551, the subject property has been identified as requiring full purchase for the 77th Street/Richfield Parkway Project. Right-of-way acquisition procedures set forth by Minnesota Department of Transportation and the Federal Highway Administration are being followed. C.C R IT IC AL T IMIN G IS S U E S: Condemnation proceedings must begin soon to maintain the right-of-way acquisition timeline established for 2019 construction. D.F IN AN C IAL IMPAC T: Funding for the purchase of property required for the 77th Street/Richfield Parkway Project will be primarily provided by Hennepin County funds. Additional funding is available through State and local sources. E.L E GAL C ON S ID E R AT ION: The City Attorney has reviewed the resolution and will be present at the meeting to answer questions. ALTE R N AT IV E R E C O MME N D ATIO N(S): None P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type 77th S treet Improvements F inal L ayout E xhibit 2013 Richfield 77th S t Underpass Resolution B ackup Material Ordinance 551 Official Map B ackup Material Official Map L ayout B ackup Material 77th Underpass P revious L ayouts B ackup Material 77th Underpass Open House C omments #1 B ackup Material 77th Underpass Open House C omments #2 B ackup Material 29510210311011111211318 20 252882902952981011121314151617 285290291929394959612851290129515500 505 510 515 520 1500 1505 1510 1515 1520 9095100105051 40414230 31 32 33 11101120 21 22 23 GAS EASEMENTWATERMAIN EASEMENT0 50 FT 100 FT 77TH Street Improvements 10:1 TAPER 16'LANE 8'10'SHLD12'LANE12'LANE12'LANE12'LANE16'LANE10'SHLD6'SHLD6'SHLD6'WALK 1:40 TAPER SPEED EX MPH SPEED DESIGN MPH 30 30 Frontage Road SPEED EX MPH SPEED DESIGN MPH 40 40 Ramp 1H { 77TH EB { 77TH WB (MnDOT DRAINAGE) PROP POND 01 PROP POND 02 (RICHFIELD DRAIANAGE)12'19.5'19.5'40'R2 5'R75'R4 0'R300'-12'LTL 300'-12'LTL 24'18'24'22' BEGIN CONSTRUCTION STA 103+00.00 FRONTAGE ROAD STA 110+09.40 FRONTAGE ROAD END CONSTRUCTION BEGIN CONSTRUCTION STA 9+50.90 RAMP 1H STA 15+77.15 RAMP 1H END CONSTRUCTION END CONSTRUCTION STA 1292+81.80 TH77 NB (MATCH EXIST ACROSS ROAD) END CONSTRUCTION STA 101+83.71 RAMP 1G END CONSTRUCTION STA 522+70.76 77TH ST EB END CONSTRUCTION STA 1290+72.09 TH77 NB (MATCH EXIST ACROSS ROAD) BEGIN CONSTRUCTION EX 15.5'LANE EX 18'LANE EX 19.5'EX19.5'EX 14'LANE EX 13'LANE EX 13'LANE EX 14'LANE EX 8'EX 16'EX 15'PERMANENT EASEMENT TEMPORARY EASEMENT TEMPORARY EASEMENT PERMANENT EASEMENT TEMPORARY EASEMENT 1:5 200'-13'RTL 40'R PROPOSED R/W 2 5'R4 5'R25'R END CONSTRUCTION STA 16+25.00 RICHFIELD PARKWAY TEMPORARY EASEMENT 30'R100'R13'LANE13'LANE10' PARKINGEXIST BRIDGE NO. 27070 EXIST BRIDGE NO. 27053 ON LOOP 1W EXISTING RAMP METERS PROP BRIDGE NO.27R35 PROP BRIDGE NO.27R37 PROP BRIDGE NO.27R38 PROP BRIDGE NO.27R36 32' 8' TRAIL 10'TRAIL 6'WALK1:51:514'TRAIL 12'TRAIL 11'THRU LANE 13'THRU LANE 13'THRU LANE 12'THRU LANE 11'THRU LANE 11'THRU LANE 13'THRU LANE 12'THRU LANE 11'THRU LANE 11'THRU LANE WALL 2 WALL 3 STA 522+70.76 EB 77TH STREET END S.A.P. 157-108-035 STA 1288+82.54 TH77 NB BEGIN S.A.P. 157-594-002 BEGIN CONSTRUCTION STA 89+95.66 RAMP 1G 1:40 TAPER 1:40 TAPER 1:40 TAPER 1:40 TAPER 1:10 TAPER 1:10 TAPER 11'THRU LANE 13'THRU LANE 13'THRU LANE12'THRU LANE STA 1522+56.12 77TH ST WB 16'LANE12'26'1:1512'LANE6' SHLD 12'LANESTA 1503-34.18 77TH ST WB BEGIN CONSTRUCTION 6'MEDIANVAR. MEDIAN1:1512'8'10'12'22'1:401:3016.5'RAMP 1G6' WALK10' TRAIL4' SHLD 14' THRU LANE18' THRU LANERAMP METERS EXISTING AND PROPOSED1:50 SHLD TAPER1:35 LANE TAPERVAR.8'1:15 SHLD TAPER1:15 SHLD TAPER8'8'PROPOSED R/W 9'22'9'50'R 6'WALK W/2' BLVD12'TRAIL W/ 2' BLVD W/ 2' BLVD 25'R 6'WALK 1:15 SHLD TAPER1:15 SHLD TAPERVAR.7'BLVD 7'BLVD WALL 4 WALL 5 WALL 1 4' SHLD8'6' SHOULDERBEGIN S.A.P. 157-108-035 STA 503+34.09 EB 77TH STREET 13'RTL END S.A.P. 157-594-002 STA 1299+74.64 TH77 NB CITY OF RICHFIELD COMMISSION METROPOLITAN AIRPORTS HENNEPIN COUNTY FINAL LAYOUT OCTOBER 2017 494 INTERSTATE RICHFIELD, MN 55423 6700 PORTLAND AVE CITY OF RICHFIELD RICHFIELD, MN 55423 6700 PORTLAND AVE CITY OF RICHFIELD RICHFIELD, MN 55423 7629 BLOOMINGTON AVE S MATTHEW AND SARAH KARNAS BURNSVILLE, MN 55306 307 MAPLE ISLAND RD 76 & BLOOMINGTON LLC RICHFIELD, MN 55423 6700 PORTLAND AVE CITY OF RICHFIELD RICHFIELD, MN 55423 6700 PORTLAND AVE CITY OF RICHFIELD RICHFIELD, MN 55423 1550 78TH ST E ADLER GRADUATE SCHOOL BLOOMINGTON, MN 55420 8713 DUPONT AVE S 494 BUILDING PARTNERSHIP LLC RICHFIELD, MN 55423 1620 78TH ST E OLIN 2 LLC RICHFIELD, MN 55423 1620 78TH ST E C/O METRO SALES INC JERRY E MATHWIG RICHFIELD, MN 55423 6700 PORTLAND AVE CITY OF RICHFIELD 55437 BLOOMINGTON, MN 4801 WEST 98TH ST PHILO GEORGE GEORGE PUTHUKULAM 55431 BLOOMINGTON, MN 8024 THOMAS AVE S PROP LLC WILLIAM MILTON 55431 BLOOMINGTON, MN 8024 THOMAS AVE S PROP LLC WILLIAM MILTON CARROLLTON, TX 75007 4001 INTERNATIONAL PKWY G6 HOSPITALITY PROP LLC 55437 BLOOMINGTON, MN 4801 98TH ST W 7600 CEDAR AVE LLC MINNEAPOLIS MN 55450 6040 28TH AVE S METRO AIRPORT COMMISSION MINNEAPOLIS MN 55450 6040 28TH AVE S METRO AIRPORT COMMISSIONTH 77 NB ADT 67000 (2015)TH 77 SB ADT 67000 (2015)RAMP 1H ADT 6,200 (6,200)SB CD ADT 12,800 (17,000)AIRPORT INTERNATIONAL MPLS/ST. PAUL RAMP 1P ADT 4,900 (6,700)494 ADT 146000 (XXXX)RAMP 1G ADT 5,600 (6,600)128512901295SPEED EX MPH SPEED DESIGN MPH Trunk Highway 77 NB 2015 ADT = 67,000 2038 ADT = 75,000 (3.6%) 2038 HC ADT = 2,7005570 SPEED EX MPH SPEED DESIGN MPH Trunk Highway 77 SB 2015 ADT = 67,000 2038 ADT = 75,000 (3.6%) 2038 HC ADT = 2,7005570 BLOOMINGTON AVE S77TH ST 76TH ST FRONTAGE RD RAMP 1H RAMP 1YRAMP 1VOLD CEDAR AVELONGFELLOW AVEMINNESOTA 7718TH AVE S17TH AVE SLOOP 1WSPEED EX MPH SPEED DESIGN MPH 40 40 77th Street SPEED EX MPH SPEED DESIGN MPH 35 35 Ramp 1G Concrete Curb & Gutter / Median Pond Turf Establishment Bituminous Roadway Concrete Roadway Construction By Others Permanent Easement Bridges and Walls Legend Shoulders (Paved) Construction Limits Inplace ROW Prop ROW Driveway Trail Sidewalk Temporary Easement EXTENSION FUTURE PARKWAY { RICHFIELD PARKWAY { LOOP W-S { RAMP 1H { NE CIRCLE { RAMP 1G { RAMP 1F { RAMP 1G CITY BOUNDARY 9/4/2018 Richfield, MN Code of Ordinances 1/1 SECTION 551 - OFFICIAL MAP 551.01. - Ocial Map - I-494. Subd. 1. Adoption. For the purpose of carrying out the policies of the major thoroughfare plan and the community facilities plan of the City, the ocial map of the I-494 expansion is hereby adopted. Subd. 2. On File. A copy of the ocial map, or sections thereof with a copy of the adopting ordinance attached shall be led with the County Recorder and be on le in the Community Development Department of the City. (Added, Bill No. 2000-13) 551.02. - Ocial Map - 77th Street Underpass. Subd. 1. Adoption. For the purpose of carrying out the policies of the major thoroughfare plan and the community facilities plan of the City, the 77th Street Underpass Ocial Right-of-Way Map is hereby adopted. Subd. 2. On File. A copy of the ocial map, or section thereof with a copy of the adopting ordinance attached shall be led with the County Recorder and be on le in the Public Works Department of the City. (Added, Bill No. 2013-24) 1 16W E 1 16W E 35 36 1 4 EXHIBIT A City of Richfield Proposed Acquisition Map Pursuant to Ordinance # xxxx-xx Existing Right of way Future Acquisition Line Future Center Line Estimate Parcel Line/Lot Lines N GRAPHIC SCALE 0'80'160'240'80' Hennepin County Monument 1 16W E TNN T R R24 24 2 1 35 36 2827 W WRange 24, to have a bearing of S00°00'10"E the Southeast Quarter, Section 35,Township 28, The basis of bearings assumes the east line of SECTION 35, TOWNSHIP 28, RANGE 24 SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, 183.85 N45°29'33"E 715.59 N67°27'58"E N21°30'27"E131.45CD=158.80 CB=N03°17'15" E L=158.82 =03°12'16" R=2839.62 77TH STREET EAST 76TH STREET EAST Sheet 1 of 1 JOHN ENGBERG 4TH ADDITION BLOCK 1 1 2 3 4 5 6 7 8 910 11 12 13 14 REGISTERED LAND SURVEY NO. 1003 1003 TRACT C TRACT B TRACT A TRACT E TRACT D NOT PLATTED NOT PLATTEDNOT PLATTED NOT PLATTED TRACT AZUBERT LARSON SOUTHVIEW GARDENS 1ST ADD.1 4 3 2 8 7 6 5 BLOCK 2 BLOCK 34 3 2 55 7 8 9 4 3 2 REGISTERED LAND SURVEY NO. 0734 TRACT A B C DTRACT E TRACT F TRACT G TRUNK HIGHT NO. 77NOT PLATTED INTERSTATE NO. 494 TRUNK HIGHWAY NO. 77 INTERCHANGECENTERLINE CEDAR AVEPLS Line Existing Center Line 38 38 15 15 159.89 S00°00'18"E1309.8110.84 33.44 R=248.48 =51°30'00" L=223.34 CB=S25°44'19"W CD=215.90 S51°29'19"W 35.00 S07°29'19"W 230.91 S67°27'58"W 46.29 25.52 N34°19'32"W RLS NO. 0868S62°01'20"W 60.43 S00°02'02"W 10.02 S67°27'58"W 104.66 8.18 S00°02'02"W 45.83 NORTH LINE OF THE SE 1/4 OF THE SE 1/4 SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 SECTION 35 TOWNSHIP 28 RANGE 24 EAST LINE OF THE SE 1/4 OF THE SE 1/4 SOUTH LINE OF THE SE 1/4 OF THE SE 1/4 SOUTH LINE OF THE SE 1/4 OF THE SE 1/4 RIGHT OF WAY EXISTING HIGHWAY (Cedar Avenue) Proposed Acquisition = 4,584 sq. ft. Total Area = 54,077 sq. ft. C/O Metro Sales Inc. Jerry E. Mathwig PID #3502824440008 Proposed Acquisition = 2,328 sq. ft. Total Area = 54,077 sq. ft. C/O Metro Sales Inc. Jerry E. Mathwig PID #3502824440008 Proposed Acquisition = 3,223 sq. ft. Total Area = 32,885 sq. ft. City of Richfield Community Development PID #3502824440006 Proposed Acquisition = 50,204 sq. ft. Total Area = 54,584 sq. ft. Motel 6 Operating L P PID #3502824440004 Proposed Acquisition = 3,617 Total Area = 13,365 sq. ft. D J Fong & W J Fong PID #3502824440003 Proposed Acquisition = 20,627 Total Area = 39,072 sq. ft. Pious J Poohikala Etal. PID #3502824440025 R=324.48 =44°00'00" L=249.18 CB=S29°29'19"W CD=243.10 S45°29'33"W N89°50'47"E CD=60.22 CB=N09°15'20"E L=60.25 =06°47'19" R=508.54N00°00'10"W3) Proposed acquisition areas are approximate 2) Parcel total areas are based on Hennipen County tax records 1) Parcel lines are based on GIS mapping and have not been surveyed Notes: SE 1/4 SE 1/4 NE CORNER SE 1/4 SE 1/4 NW CORNER SE 1/4 SE 1/4 SW CORNER TOWNSHIP 28, RANGE 24 SE CORNER SECTION 35, SECTION 35, TOWNSHIP 28, RANGE 24 EAST QUARTER CORNER 3333333350505050. No. filed for record in Plat Cabinet office of the Hennepin County Recorder, Hennepin County, Minnesota. This map is 2013, in the ,day of on the recorded as Document Number This City of Richfield Proposed Acquisition map is Exhibit A of Ordinance #xxxx-xx Date Hennepin County Surveyor , 2013. day of for approval this permit the establishment of future acquisition lines on the ground. It is recommended I have examined and found this official map has been prepared in sufficient detail to Date RLS License No. Certified by accurate and can be located on the ground. pursuant to MS 505.1793. The future acquisition lines shown on this official map are that I am a duly Registered Land Surveyor under the laws of the State of Minnesota I hereby certify that this map was prepared by me or under my direct supervision and Date Clerk Mayor Minnesota Statutes 505.1792 and 505.1793. official map of that portion of said Cedar Avenue within said Section 35, pursuant to As shown on this map prepared for the city of Richfield, is hereby certified to be the NORTH, RANGE 24 WEST, HENNEPIN COUNTY, MINNESOTA. PROPOSED LOCATION OF CEDAR AVENUE IN SECTION 35, TOWNSHIP 28 THE CITY COUNCIL OF RICHFIELD, MINNESOTA IS HEREBY DESIGNATING THE S00°00'41"E S89°50'07"W 32.95 S89°50'07"W 426.28 S00°00'18"E1309.81LARSONS SOUTH VIEW GARDENS 2ND. ADDITIONLARSONS SOUTH VIEW GARDENS 1ST. ADDITIONDate Printed:WSB Filename:10/21/2013X:\01301-39\official_map_layout.dgnWSB & Associates, Inc. Minneapolis, MN 55416 INFRASTRUCTURE ENGINEERING PLANNING CONSTRUCTION 701 Xenia Avenue South, Suite 300 763-541-4800 - Fax 763-541-1700 www.wsbeng.com 77th Street Underpass Layout Option 77th Street Underpass Layout Option R:\Projects\77th Underpass\Public Involvement\March 10 2016\77th St Underpass Open House Summary.docx 77TH STREET UNDERPASS March 10, 2016 OPEN HOUSE #1 SUMMARY Meeting Purpose The goal of the open house was to let the public know about the upcoming project as well as give them an opportunity for comment on the alignment options for the frontage road connection to 77th St. (This open house was combined with the open house for the planning for Richfield Parkway from 66th Street to 77th Street.) Meeting Summary 88 people signed in. It is estimated that there were many more in attendance that did not sign in. 18 comment cards were received Comments  Cedar & 77th. Do right out only. No left turn to avoid too much infrastructure  Would support straight connection from greenway to 77th St.  I prefer the direct north connection on the 77th/ 77th closing  We like the idea of a straight connection of the greenway to 77th Street underpass  In regards to the Cedar over/underpass, we are in favor of trying to take the apartment building and its garages out. Or try to obtain them and demolish. Are there any units section 8?  Recommend taking the apartment building out. Not building the bridge (at 77th Street area)  77th Street East exit. Bridge = Cost + Maint = Ease of Access On Cedar = Less Cost + Maint = Same  No bridge over 77th In favor of “moving” the apartment building and hotel. 77th Street Improvements Public Meeting Comments January 18, 2018 4:00 p.m. • Roadway Design o Add TH 77 exit at 76th St. o Remove unnecessary right turn lane. o Don’t have back of curb trail. o Add on-street parking to both sides of Richfield Parkway. o Adjust speed limits. ▪ Concerned with new car dealerships that roadway/underpass will promote a speedway. (2 comments) o Underpass should allow for access to both airport terminals. • Park o Add parking. (4) o No additional parking needed. o Hill should be removed. (2) ▪ Removes security risk and unknown activities. o Keep the Hill. (4) ▪ Only location for sledding in Southeast Richfield. ▪ Hill also used in the summer. o Consider the orientation of the soccer fields and where balls may be kicked. • Area Development o Remove the Motel 6. (2) o Keep current apartments and homes. (2) o Limit size of cul-de-sac, takes up sizable portion of land. o Add dog park in current park or site of Motel 6. (2) o Add trail around Wilson Pond. • Miscellaneous o Additional noise. o Can something be done at 18th & 76th to encourage motorized traffic to go to Old Cedar? o Lyndale south of 494 East turn lanes- green arrow is short-3rd car has yellow-4th car turning on red arrow. If that becomes main with Nicollet access going way timing of light needs review.