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02-23-76 agendal Council Letter No. 6l 1 Agenda February.. 2 3 , 19?6 _: The Honorable Mayor and Members of the City Council City of Richfield ' Gentlemen:.. Subject: Designation of `Metropolitan. Council Member for ~ Purposes of Federal Funding The Metropolitan Council of the:-Twin Cities Area has recently beery chosen by the U. S, 'Environmental Protection Agency as the areawde wastewater treatment planning body for themetropolitan area, -The Federal Water Pollution Control.Act SBCtion 208, .whch;authorizes his wastewater planning program, requires that'the areawide planning agency be comprised of "elected officials from local governments or their designees" . ~ Although the Metropolitan Council has'beenselected by the E.P.A. as the appropriate planning body, E,P.A, has expressed concern: that the' Metropolitan Council. members. be designated representatives of the local governments in their district so that the stipulations of'the law are met.. Robert Hoffman, the Metropolitan' Council Member who represents our area of Hennepin County, has. requested that the city council pass a resolution formally designating his ass our representative to the Metropolitan Council for purposes of the wastewater, planning program . Several other communities , Including the cities of St, Faul, Minneapolis, and Bloomington,' have already; adopted resolutions appointing "their 1Vletropolitan Council representatives as the local government designee to ~neet~provisions of the Section `208 wastewater planning program. I A copy of a .resolution which would .designate Robert Hoffman as a represents- - five of the City of Richfield for purposes approprate..to the waste pianning program is-attached; Mrs Hoffman's letter explaining in more detail. the necessity for this action is also attached..: it is recommended that the. city council adopt the attached resolution . Respectfully submitted, i S~: ~,~ Wayne S. Burggraaff City Manager r, cc: Public Works Director. LARKIN, HOFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW 1500 NORTHWESTERN FINANCIAL CENTER .7900 XERXES AVENUESUUTH. -~JAMEB:P. LARKIN ~ ~ _ ~, MINNEAPOLIS, MINNESOTA 55431 .ROBERT L. HOFFMAN - JACKF.OP,LY - TELEPHONE (612)835-3800 OF COUNSEL D. KENNETH LtN DGREN - ~ - JOSEPH GITIS ROBERT B. WHIT LOCK - ALLAN E. ~PAT~ MULLIGAN RO BERT J..H ENN EBB EY RONALD R.FLETCH ER EDWARD. J. DRtBCOLL DONALD J. BURRIB - - JAMES C. ERICKBON _ GENE N. FULLER ROBERT W. JUNGHANS I _ ' JOB EPH~W. ANTH ONY RICHARD N. DAVIES DAVID 0.5ELLERGREN ~ .- _ JOHN D. FU LLMER. February 12, 1976 The Honorable Loren Law and Members of the Richfield .City Council 6700 Portland Avenue South - Richfeld,.Minnesota 55423 Gentlemen.: The Federal Water Pollution Control Act Amendments of 1972 authorizes 'the establishment of aFederally-funded area-wide, waste management planning system.' Section 208 of • this act,.which Ihave enclosed, provides that the Governor may designate areas throughout the State and an agency for each. area to undertake this .planning. The law provides that upon the EPA's acceptance of that. designation, the designated- agency will be granted substantial matching funds to prepare area-wide waste treat- ment management plans for the area. ~ ~, The Metropolitan Council, after public hearing in April, was designated by the Governor as the appropriate.area-wide agency ,for. the.Metropolitan Area.. The EPA , requires, however, that the agency have "elected officials from local-governments or their designees." As you. probably know, the Council, because of the incompatibility of office doctrine, a Minnesota common law rule, has been advised by the Attorney. General that.its members cannot-simultaneously serve as Metro Council members and local elected officials. It is possible that this doctrine could be overcome by explicit: statutory authorization, but it is doubtful that the. legislature would make this exception.. Therefore, I am requesting the Richfield City.Council, by at ached resolution, to designate, me as its representative for the purposes of accomplishing the objectives and requirements of Section 208 of the Federal Water Pollution Control Act Amendments of 1972.: Without this designation; it might.be'that our metro area will continue to be ineligible for:20S waste planning funds. It is extremely doubtful that any other ~' I LARHIN, HOFFMAN, DALY & LINDaREN, LTD. ~'he Honorable Loren Law and - Members of the Richfield City Council Page Two February 12, 1976 governmental agency in the metropolitan area could, be designated to receive these ~; '€unds because of the existing statutory structure with regard to metropolitan sewage disposal and sewage planning. The agency designated must be capable of giving some f. assurance of plan implementation. The Metropolitan Council-Metropolitan Waste Control Commission statutory authority with regard to sewage, gives the necessary implementation t assurances. Simply put,. if the Council is'not eligible for 208 funds .for the metro- politan area, clearly na other governmental unit would be eligible either. ~` ite the issues briefl mentioned above. If The essence of my request is simple desp Y ~: you or any council member has further questions, I would be glad to appear before ~ you personally to explain the situation and request in detail. Time is of;the essence, `- and Iwould appreciate your early consideration. Sincerely, obert L. Hoffman .Metropolitan Council Member rm F .~ ~.. i _ ~ R {{~ i ~: [. .. ~ .. ~ - - - - -.. ,~ ~~. ~. ~ III ,. =; ' ;. RESOLUTION NO. RESOLUTION DESIGNATING A METROPOLITAN COUNCIL MEMBER FOR PURPOSES OF FEDERAL FUNDING WHEREAS, Section'208 of the Federal Water Pollution Control Act _ Amendments of 1972, P.L. 92-500, authorizes the identification of areas which have substantial water quality. control problems and the designation by the Governor of boundaries for such areas. and a single representative organization including elected officials from local governments or their .designees capable of developing effective areawide waste treatment plans for such area , and WHEREAS, -the Governor of the State of Minnesota has identified the ` Metropolitan Area composed of the counties of Anoka, Carver, .Scott, Washington, Dakota, Hennepin and Ramsey as such an area and has designated the Metropolitan Council as the appropriate .representative organization capable of developing waste management plans for this area, and WHEREAS, in order for the Metropolitan Council to act as the` representative ` areawide organization pursuant to the .above and to prepare , with Federal financial assistance, an areawide waste .management plan, it must by law include elected officials from local governments or their designees, and e e of inne s ota th tat M w sit exists in S WHEREAS , pursuant to common la a no member of the Metropolitan Council maybe simultaneously a local elected official,, and WHEREAS, .Metropolitan Council member Robert Hoffman being a resident- of the County of Hennepin is able and willing to act as the designee of the Council Members of the City of Richfield for all purposes appropriate and necessary pursuant to Section 208 of the Federal Water Pollution Control Act Amendments of 1972, NOW THEREFORE BE IT RESOLVED: The Council of the City of Richfield designates Robert Hoffman as its representative for purposes of accomplishing, the objectives and requirements of Section. 208 of the Federal Water Pollution Control Act_Amendments of 1972 . - Loren L. Law Mayor ATTESTS: _ ;, Thomas j. Moran,.. City Clerk ._ I _ - i, 'The Honorable Mayor and ~, Ivlembers of the City; Council -City of; Richfield ', Gentlemen: Council Letter No. 60 Agenda February 23 , 1.976 Subject: Approval of Contract with IUOE Local 49 Bargaining Unit I' "Council members have been previously advised that an agreement has been reached in .the joint negotiations with the Local 49 bargaining unit. A copy of the ` -labor agreement between the. City of Richfield and. this. bargaining unit for the year 1976 is attached. t Only two changes were negotiated in the contract. The first change provides for four weeks of vacation after 15 years of service have been completed. Since Richfield and many other municipalities previously provided this benefit,- the change does not affect our agreement. Therefore, t:~e only change in the attached agreement ids an increase in the rates of pay for bargaining unit employees . .The. settlement provided that each pay rate be increased by $83.33 per month and the attached agreement r~flects that change. This wage increase amounts to an 8.4% increase for light eq~ipment operators and a 7.8% increase for heavy equipment operators . ~ i i It is recommended that the city council approve the 1976 agreement with Local 49' and adopt a resoluiton transferring the necessary funds from the contingency account to the appropriate budget, activity to cover the cost of the salary adjustment. Respectfully submitted, ~~ ~~ G~ Ga /- --' Wayne S. Burggraaff i City Manager WSB/eja cc: Public. Works Dir ctor Park and Recreation Director ,. '~ .r LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD .AND INTERNATIONAL UNION OF OPERATING ENGINEERS 49 AFL- IO AL NO C LO C , . _ ARTICLE I PURPOSE OF AGREEMENT This agreement is entered into between the City of Richfield, hereinafter called EMPLOYER, ;and Local No. 49 , International: Union of Operating Engineers , hereinafter called the UNION . The intent and purpose of this. AGREEMENT. is to: 1.1 Establish certain hours, .wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this • AGREEMENT'S interpretation and/or application; 1.3 Specify the full and .complete understanding of the parties; and. 1,4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of the AGREEMENT. The EMPLOYER and the.UNION, through this AGREEMENT, continue their dedication to the highest quality of public service.. Both parties recognize this AGREEMENT as a pledge of this dedication.- :ARTICLE II RECOGNITION I The EMPLOYER recognizes the UNION as the exclusive representative under Minnesota Statutes, Section 179.71, Subd. 3 in an appropriate bargaining-unit consisting of the following job classifications: ,. - 2- Public Works Maintenance Man Meter Repair & Record Control Man Park Maintenance Man Automotive (,Mechanic Equipment Operator.I Equipment Operator II _ Sewer Maintenance Man Water Plant. Operator Water Maintenance Man Automotive Mechanic Leadman ARTICLE III .UNION SECURITY In recognition of the UNION as the exclusive representative',; the EMPLOYER shall: 3.1 Deduct each payroll period an amount sufficient to pro ' jvide the payment ,~, I of dues established by the UNION from the wages of a''11 employees . authorizing in writing such deduction, and 3.2 Remit such deduction to the appropriate designated officer of the UNION. 3.3 The UNION may designate certain employees from the ' bargaining unit to act as .stewards and shall inform the EMPLOYER in wri img of .such choice 3.4 The UNION agrees to indemnify and hold the EMPLO ~ R harmless .against 'I any and all claims, suits, orders, or judgments brought or issued against the city as a result of any action taken or not taken by the city under the provisions of this Article. ARTICLE IV EMPLOYER SECURITY i,' 4..1 The UNION agrees that during the: life of this AGREEM ~NT it will not ~~ cause, encourage, participa a in or support any strike r,„..slow down , . .other interruption of or interference. with the normal functions of the EMPLOYER . 4.2 Any. employee who engages in a strike may have his (her) appointment .terminated. by the EMPLOYER effective the date the violation first occurs . ~: _ ;~.,c ,..9,~,. ~.. _ .. .. ~. . ~...~ - - - :.. _. ; z.. ,; _. .w,~,.~.~, _: _ ^3 -- Such termination shall be effective upon written notice served upon the ` ~ employee. 4.3 ~ An employee who is absent from any portion of his work assignment without . permission, or who abstains wholly or in part from the full performance of his. duties without permission from his (her) EMPLOYER on the date or dates when a strike occurs is prima facie presumed to have engaged in a strike on such date or dates . 4.4 Ari employee who knowingly strikes and whose employment has' been terminated .for such action may., subsequent to' such violation, be appointed or reappointed or employed or re-employed., but the .employee shall be on probation for two years .with respect. to such civil service status ; -tenure of employment, or contract of employment,, as he (she) may have theretofore been entitled . 4.5 No employee shall be entitled to any daily pay, wages., or per diem for.: the days. on which he (she) engaged in a strike . ARTICLE. V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities , and equipment; to establish functions andprograms; to set and amend budgets.; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules,. and to perform any inherent managerial function-not specifically limited by this AGREEMENT. 1~ ' . ,, 5.2 Any term and condition of employment not specifically,~l established or modified by this AGREEMENT shall remain solely within the discretion - I? of the EMPLOYER to .modify, establish, or eliminate. ',', ARTICLE VI EMPLOYEE RIGHTS -GRIEVANCE PROCEDURE 6.1 DEFINITION OF GRIEVANCE A .grievance is defined as a dispute or disagreement as to the interpreta- tion or application of the specific terms. and conditions of this AGREEMENT. 6.2 UNION REPRESENTATIVES The EMPLOYER will recognize representatives designated by the UNION as the. grievance .representatives of,the bargaining unit having the duties and responsibilities established by this Article.. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated. 6.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances. as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during. normal. working .hours only. when consistent with such: EMPLOYEE .duties and responsibilities . The aggrieved EMPLOYEE and UNION REPRESENTATIVE shall be allowed a reasonable amount of time `without loss"in pay when a grieva-nce is investigated end presented to the .EMPLOYER during normal working hours provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the desa;gneted supervsorwho has determined..that such absence is reasonable ~,, ;, _ ... _5_ and would not be detrimental to the work programs of the EMPLOYER. 6.4 PROCEDURE Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure: Step I • An EMPLOYEE claiming a violation concerning the interpre- tation. or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such. grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER.: The EMPLOYER designated representative will dis-cuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt.. A grievance not resolved in Step 1 and appealed: to Step 2 shall be placed in writing setting forth the nature of the • ~ grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to Step 2 within. ten (10) calendar days. after the EMPLOYER designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) :calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER designated Step 2 represen- tative. The EMPLOYER .designated representative shall give the UNION: -the EMPLOYER'S Step 2 answer in writing within ten (IO) calendar days - after receipt of such Step 2 grievance . A grievance not resolved in Step Z ..may. be appealed to Step 3 within ten t10) calendar days following the ._ 1 1'. 1 EMPLOYER desi nated representative's final Step 2 ans Iwer. Any grievance g not appea led in writing to Step. 3 by the UNION within ~~~'~en (10) calendar i days shall be considered waived. rievance shall be presented by the Step 3. If appealed, the written g UNION. and discussed with. the EMPLOYER designated Step. 3 represen- tative. -The EMPLOYER designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) caleri'dar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER designated representative's-final answer in Step 3. A grie- Vance not appealed in writing to Step 4 by the UNION within ten (10) alendar da s shall be considered waived. c Y $tep 4. A grievance unresolved in Step 3 and appealed, in Step 4 shall ~ ', be submitted to arbitration subject to the provisions of the Public ~'i Employment Labor Relations Act of 1971. The selection of an arbitrator. shall be made in accordance with the "Rules Governing', the Arbitration of Grievances" as established by the Public Employment Relations Board. 6.5 ARBITRATOR'S AUTHORITY .. ~, nullify. A: The arbitrator shall have no rig;~.t to amend, modif II ignore, add to, or subtract. from the terms and conditions of e arbitrator shall consider ari'!d decide this' AGREEMENT. Th only the .specific. issue(s) submitted in writing by ire EMPLOYER nd shall have no authority to make a decision and the UNION, a on any otherissue not so submitted. ~II ~, . I - ;~I~^ _ .... 4y B The arbitrator shall be without power to make decis-ions '~ 'contrary to, or inconsistent with, or modifying or varying in ° any way the application of laws , rules , or regulations .having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever f be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall I, be based solely on the arbitrator's interpretation or application I of the express terms of this AGREEMENT and to the .facts of the grievance presented. _ . C. The fees and expenses for the arbitrator's'services and proceed- ings shall be borne equaliy by the EIvIPLOYER and the UNION provided that each party shall be responsible for compensating tsown representatives and.witnesses. If either party desires ',; . a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. _- 6.6 WAIVER If a grievance is not presented within the time limits set forth above,' ~~ ~~ it shall be considered: waived. If a grievance is not appealed to the x Sion thereof a reed a ten wi in the s ecified time. limit or an , x ste th ne t P Y g P i it shall be considered settled on the basis of the EMPLOYER'S last answer.: If the EMPLOYER does not answer a grievance or an appeal -8- thereof within the specified time limits , the UNION may elect to treat the grievance to the next step. The time limit in eachlstep may be extended by mutual agreement of the EMPLOYER and the UNION. 6.7 CHOICE OF REMEDY. I' If, as a result of the written EMPLOYER. response in Step 3 , the grie- vance remains unresolved, and if the grievance involves the suspension, • demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of ARTICLE VI or a procedure such as: Civil Service, ~7eteran's Pre- ference, or Fair Employment. If appealed to any proce'',dure other than Step 4 of ARTICLE VI the grievance is not subject to the arbitration III procedure as provided in Step 4 of ARTICLE VI. The aggrieved employee shall indicate in writing which. procedure is to be utilized--Step 4 of ARTICLE VI or another appeal procedure-- and shall sign a statement to the effect that the choice of any other hearing precl ides the aggrieved employee from making a subsequent appeal through Step 4 of.ARTICLE VI. ARTICLE VII DEFINITIONS 7.1 U1~-~ON: Thee International- Union of .Operating Engineers , Local No. 49 AFL-CIO . 7.2 EMPLOYER: The City of Richfield. 7.3 UNION MEMBER: A member of the International Union of Operating Engineers,- Local No. 49. . I'', 7.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 7.5 BASE PAY RATE: The employee's hourly pay rate exclusive of longevity or any other special allowances . 7.6 SENIORITY: Length of continuous service with the EMPLOYER. 7:7 COMPENSATORY TIME: Time off the employee's regularly`scheduled,work schedule equal in time to overtime worked. 7.8 SEVERANCE PAY: Payment made to an employee upon honorable termi- nation of employment.. 7.9 OVERTIME: Work performed at the express authorization. of the EMPLOYER.- in excess of either (8) hours .within atwenty-four (24) hoar period (except for shift changes) or more than forty (40) hours within a seven (7) .day. period .: 7.10 CALLBACK: Return of an employee to a specified work site to perform assigned duties at the express authorization of the EMPLOYERat a ime other than an assigned shift. An extension of or early reporfi to an assigned 'shift is not a call back. 7.11 -STRIKE: Concerted action in failing to report to duty, .the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employmentforthe purposes of-inducing, influencingor coercing a change in -the conditions or compensation or the rights , privileges or obligations of employment.. ARTICLE VIII SAVINGS' CLAUSE -This. AGREEMENT is subject to the laws.. of the United States, the State of .. ..~ • ~ -10- Minnesota, and the signed municipality. In the event, any provision of this AGREE- MENT shall beheld to be contrary to law by a court of competent',~Ijurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this AGREEMENT- shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE IX WORK SCHEDULES 9.1 The sole. authority in work schedules is the EMPLOYERI The normal work day for an employee shall be -eight (8) .hours . The normal work week shall be forty' (40) hours 'Monday through Friday .' 9.2 Service to the .public may require the establishment of'Iregular shifts for some employees on a daily, weekly, seasonal, or annual-basis ,' ~ other than the normal 8:00 - 4:30 day.. .The EMPLOYER~will give ad- vance notice to the employees affected by the establis~,nment of work days different from the employee's normal eight (8) .hour work day. 9.3 In .the event that work is required because of .unusual circumstances _._ _ii ~ --.~ 7e~z~.~~ a....\ tt.... ti....a ~r~~ur clcct it hraakrlnwn. -11- 9.4 Service to the public may require the establishment. of regular work. weeks;that schedule work on Saturdays and/or Sundays ARTICLE X OVERTIME PAY 10.1 Hours worked in excess of eight (8) hours within atwenty-four (2.4) hour period (except for shift .changes) or more than forty (40)-hours within a seven (7) day period will be compensated for atone and one- half (12) .times the employee's regular base pay rate. 10.2. Overtime will be distributed as equally as practicable.. 10.3 Overtime refused by employees will for record purposes under ARTICLE 10.2 be considered as unpaid overtime worked. I04 For the purpose of computing overtime compensation, overtime hours. worked shall not. be pyramided, compounded, or paid twice for the same hours worked . i ARTICLE XI CALL BACK I €. '~, An employee called in for work at a time -other than. his normal scheduled shift will be compensated for a minimum of two (2) hours pay at one and one- . half (12) times the employee's base pay rate.. ARTICLE XII LEGAL DEFENSE 12.1 Employees involved in litigation because of negligence, ignorance of laws, non-observance of laws, or as a result of employee judg- mental decision may not receive legal defense by he municipality. 12.2 Any employee who is charged with a traffic violation, ordinance violation,. or criminal offense arising from acts performed within the scope of his employment, when such act is performed `in:`good faith -- .. _ - - 1G .. and under direct order of his supervisor, shall be reimlbursed for rea- sonable attorney's fees and court cos s actually incurr',ed by such employee in defending against such charge. ARTICLE XIII RIGHT OF SUBCONTRACT Nothing in this AGREEMENT shall prohibit or restrict the right of the EM- . I, PLOVER from subcontracting work performed by employees covered by this AGREE- MENT . ARTICLE XIV DISCIPLINE The EMPLOYER will discipline employees only for just cause,li ARTICLE. XV SENIORITY ~! ,, Seniority will be the determining criterion for transfers , promotions , and layoffs only when all other qualification factors are equal. ARTICLE XVI PROBATIONARY PERIODS ,~I 16.1 All newly hired or rehired employees will- serve. a six (6) months' s probationary period. ~ - 16.2 All employees will serve a six (6) months' .probationary period in any - job classification in which the employee has .not served a probationary '~ period.. a .time durn .the robationa eriod a newl hired or rehired . 16.3 At, ny. _ g P rY P Y employee may be terminated at the. sole discretion of the EfViPLOYER. ~ - 16.4 At any time: during .the probationary period a promoted ~~I~r reassigned '~~~~ employee may be demoted or reassigned to the employe'e's previous position at the sole discretion of the EMPLOYER. ARTICLE XVII SAFETY n .the UNION a ree to ' ointl romote safe ' nd healthful . • The EMPLOYER a d g ) Y P il, ,,., _.F .. :, _._- , T 3- working conditions, to cooperate in safety matters, .and o encourage employees ~o work in a safe manner.. ARTICLE XVIII JOB POSTING 18.1 The EMPLOYER and the UNION agree that permanent. job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants,: 18.11 have the necessary qualifications to meet the. standards of the job vacancy; and 18.12 have the ability to perform the duties and responsibilities of the job vacancy. 18.2. Employees filling a higher job. class based on the provisions of this ARTICLE shall be subject to the conditions of ARTICLE XVI (PROBA- TIONARY PERIOD) . • 18.3. The EMPLOYER has the right of final decision in the selection of employees to fill posted .jobs based on qualifications, abilities, and experience. 18.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE XIX SICK LEAVE'; 19.1 Sick leave shall be accrued by employees at the rate of eight. (8) hours per .calendar month up to a maximum of 800 hours . Thereafter the rate of accrual shall be two (2) hours per calendar month with no maximum accumulation 19.2 .:.Sick leave may not be used by employees .during. the first six months of their employment. .. ~ t ~y . ,.~. --.. _.. ..... ..ne-.. '-.14 Sick leave shall not be considered as a -right and may not be used at the employee's discretion. Sick leave may be used only in case of actual illness or injury, legal quarantine, to receive dental. or medical care, or for serious illness or death in the employee's immediate family. Immediate family shall be defined as the employee's wife, husband, children, mother, father, brother, sister, grandmother, grandfather, mother-in-law, and father-in-law. Brother-in-law and sister-in-law shall~,~, be considered. as within the definition. of immediate family only in the,'', case of death.- For serious illness or death in the immediate family, t~~ ere shall be a maximum of three. days sick leave permitted for any single occurrence. 19.4 The EMPLOYER has the right to verify the reported sicl~~,lness of an em- ployee and may require a doctor's certificate for abser~il~',ce due to sickness . `' ' in those cases where there appears to be an abuse of sick leave. In all • ~. instances, the burden of proof for the use. of sick leave rests with the employee. ARTICLE XX VACATION LEAVE 20. I All employees shall be eligible for vacation leave except that no employee shall be allowed. to use vacation lea.Ve until after the completion of one fu`~:1 year of e~np'toyment. 20.2 :Employees shall accrue vacation leave on a monthly basis according to the following schedule: ~ . A. From the beginning of continuous ,employment through the fifth (5th) .year of continuous employment, each employee shall earn vacation at tYie rate of twelve (12) days per year. I~~~~ w _. -- ~III~ ._ ,.. 4 ,,~ I',, - -15- B. From the beginning of the sixth (6th) year and on through the tenth a (10th) year of continuous employment each employee shall earn va- cation at the rate of fifteen (15) days per year. C . From the beginning of the eleventh (11th) year and on through the fifteenth ~(1Sth) year each employee shall earn vacation at the rate of eighteen (18) days per year. D. From the beginning of the sixteenth (16th) year and on, each employ- ee shall earn vacation at the rate of twenty (20) days per year. - 20.3 Vacation leave must be taken within a twelve month period following the completion of the year in which. the .vacation has been accrued.. This pro- vision can be waived if written authorization is obtained from the Depart- ment Head or his :designated representative.. Employees shall. use vacation • leave in the amQUnts of not,less than two hours 20.4 Tn the event an employee voluntarily. terminates his employment with the EMPLOYER , he shall be paid for his accumulated vacation hours as of .his termination date, provided he .has given two (2) weeks notice of his termination. Employees who voluntarily terminate prior.to completing a year of continuous and active City service shall not be eligible for terminal vacation pay. 20.5 All vacation leave must be approved by the Department Head or his desig- nated representative and filed in the prescribed manner with the Personnel. Office. ... , ARTICLE XXT HOLIDAY LEAVE • 21.I Employees shall receive tem (10) holidays per year.. Shift .employees -16- -Shall receive eighty (80) hours of holiday leave. The following paid holidays will be granted to the employees: New Year's . Day on January lst; Washington's and Lincoln's birthdays on the third Monday in February; Memorial Day on the last Monday in May; Independ- ence Day on July 4th; Labor Day on the first Monday~~in September; Columbus Day on the second Monday in October; Veteran's Day on the fourth Monday In October; Thanksgiving: Day on .the fourth. Thursday'~Ii in November, and Christmas Day on December 25th. Employees shall receive one floating holiday to be .scheduled with the approval of the Department Head or his designated representative. 21.3 Shift employees shall be charged for the use of holiday leave in the amount of not less than four hours . 21.4 A shift employee who voluntarily terminates his employment with the EMPLOYER shall be paid for his accumulated holiday ('heave:: hours as of his termination date, provided he has given two weeks written notice of his termination, Employees who voluntarily terminate prior to completing a 1 fo t rmina hall of Ibe eli ible r e year of .continuous and active City services n g holiday leave pay. ' y ARTICLE XXII LONO£VITY .PAY '' 22.1 Eligible employees shall receive a longevity payment of 1 percent based on current bi-weekly base salary after-the completion of~, five years of continuous services. Eligible employees shall receive a longevity payment of 2 percent after the completion of ten years of continuous service, such payment to be ~I' based upon the employee`s regular base rate. _- -17- ARTICLE XXIII INSURANCE ', 23.1 The EMPLOYER shall pay the full cost of he single employee's health I~ insurance premium. 23.2 The EMPLOYER will pay a.maximum of fifteen (15) dollars per month toward thecost. of dependent hospital-medical coverage. 23.3 The EMPLOYER shall provide the employee with term life and accidental !death and' dismemberment insurance in the amount of $5,000. ARTICLE XXIV. TUITION. REIMBURSEMENT 24.1 The EMPLOYER shall continue to provide the benefits of the Richfield :.. Employee Advancement Program. 24:2 Under provisions of the Richfield Employee. Advancement Program, the employee may receive reimbursement for the cost of tuition of those 'courses which have a direct relationship to the responsibilities embodied in the employee's position classification. The employee shall initially make a payment for the cost of such tuition, but shall be reimbursed upon submission of a satisfactory: grade .for-..the course taken and a paid recei t-for the tuitioncost.. Partici atin em to ees shall be re uired g p Y q p P to receive department head approval of each course taken in order to be eligible for reimbursement. ~~ ARTICLE XXV UNIFORMS & CLOTHING' 25.1 The EMPLOYER SHALL provide Automotive Mechanics with appropriate work clothing which will be maintained by the EMPLOYER. The EMPLOYER shall provide ..Meter Repair and Record. Control Men' and Sewer Maintenance ~~ 4; Men with appropriate work clothing. which shall be maintained by the . • employee . -18- ARTICLE XXVI COFFEE BREAKS 26.1 Employees shall be granted a fifteen minute rest peri'~ d on two separate occasions during each eight (8) hour work shift. One rest period shall I be taken in the morning and one in the afternoon. Such rest periods shall be taken in the. field at the job site unless inclement weather would make such a practice unreasonably difficult. ARTICLE XXVII SALARY SCHEDULE 27.1 The following is the pay schedule for 1974 to be implemented retroactively on the first day of the ..pay period closest to January ~'ij, 1976. LABOR AND TRADES -1976 BI-WEEKLY RATES ~ 3 GRADE 1 2 LT 1 437.41 457.36 '~f 478.31 LT 2 452.87 473.59 495.38 LT 3 467.56 489.01 511.54 6 ' • .69 ~ 530.00 ZT 4 484.40 50 LT 5 501.89 525.06 ~ 549.39 Normal-Progression THrough Grades ~~ 1 2 3 (Starting) (After 6 months) I' (After 18 months) Grade: Assignments ~' Position. Classification Grade Hours/'Week Public Works Maintenance Man LT 1 40 .Park- Maintenance Man LT 2 40 Equipment Operator, I LT 2 lii ~ 40 Sewer Maintenance Man LT 2 40 Water.Maintenance Man LT 2 - 40 Meter Repair. & Record. Control Man LT 3 li 40 Automotive Mechanic.. ~ LT 4 ~ 4Q Equipment Operator II LT 4 40 ~ Water Plant Operator. LT 4 ~ ! 40 Automotive Mechanic Leadman LT 5 40 ~j ~~ .,I -19- i ARTICLE XXVIII WAIVER • 28.1 ;Any and all prior agreements, resolutions, practices, policies, rules, ~ and regulations regarding terms and conditions of employment, to the ..extent inconsistent with the provisions of this AGREEMENT, are hereby superceded . 28.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining.- All agreements and understandings arrived at by the. parties are set forth in writing in-this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER ;.and the UNION each voluntarily and unqualifiedly waives the right to meet • and negotiate regarding any and all..terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any .term- or condition of employment not specifically referred to or covered by his AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time .this contract: was negotiated or executed . ARTICLE XXIX DURATION This AGREEMENT shall be effective as of January 1, 1976 and shall remain in full force and effect until December 31, 1976.- ~,~' -20- In witness whereof, the parties have executed this AGREEMENT on this 23rd day of February, 1976.. FOR THE CITY.OF RICHFIELD FOR INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 _ 1976 EQUIVALENCY TABLE I ~ ', LABOR AND TRADES GRADE HOURLY RATE BI-WEEKLY RATE MONTHLY RATE ANNUAL. RATE LT 1 5.47 437.41 947..72 $11,372.66 5.72 457.36 990.95 11,891.36 ' 5.98 478.31 1,036.34 12,436.06 LT 2 5.66 452.87 981..22 11,774.62 5.92 473.59 1,026.11 12,3.13.34 6.19 495.38 1,073.:33 12,879.88 LT 3 5.84 467.56 1,013.05 12,156.56' 6:11 489.01 1,059.52 12,714.26 6.39 511.54 1,108.34 13,300.04 LT 4 6.06 484.40 1,049.53 12,594.40 6.33 506.69 1,097.83 13,173.94 6.63 530.00 1,148.33. 13,780.00 LT 5 6.27 501.89 1,087.43 13,049..14 • 6.56 525.06 1,137.63 13,651.56 ~ .6.87 549.39 1,190.35 14,284.14 I -a.. ~. ~~ - 's .~ . ,.I i ~ .~ ~ '. ,.: CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter.No. 59 Agenda February 2 3 , 19 7 6 " i The Honorable Mayor and Members of the City Council City of Richfield j `.Gentlemen: _ Subject: Sewer and Water Connection Charges in Lieu of _ Special Assessments - 7232 Emerson Avenue , The piece of property at 7232 Emerson is presently being developed as a residential home and has not previously been assessed for improvements because it was formerly part of the lot to the south. It is shown on the attached sketch. It has been the policy of the city to assess all buildable properties when divided for. sanitary sewer trunk, sanitary sewer lateral and water laterals at the same cost other property owners in the city were assessed when such divided and developed parcels occur. In August of 1965 the city adopted an .assessment roll for extending the sanitary sewer la feral on Emerson Avenue and 73rd Street to 210 feet north of -73rd Street. This extension was .made to accommodateconnecton of a house at 7233 Emerson. A i thaf time the project cost was determined on Resolution No. 3465 at $3,.188.9 The special assessment to 7233 Emerson. was set at $579:50 a cost of $4:50 p~r front foot. This property had also paid a `-lateral sewer trunk assessment of a flat charge of $125. The water lateral was constructed in 1964 and each piece of property in the city paid a water lateral assessment established at $2 . SO a front foot, plus a flat charge for c nnecting from the lateral to the. city property line. The newly de eloped .property at 7232 Emerson has a front footage of_ 53.67 feet. and has never paid a special assessment for sanitary trunk sewer, sanitary sewer lateral, or ater lateral. It is proposed to assess this ':property for these benefits by means of~the connection charge in lieu of the omitted assessment. The sewer connec ion charge was determined. as follows: Sanitary, Truni Sewer $125.00 Sanitary Lateral Sewer No. 515, i 53.67 feet X.$4.50 = $241.50'- Total Connection Charge $366.50 x i ' Council Letter No!,. 59 -2- February 23, 1976 The water connection charge is determined as follows: Water Lateral No. 465, 53.67 feet X $2 , 50 = $134.00 Attached. to this council letter. is a resolution determining that these 'connection charges be collected at the time of issuing the connection permits for the water and sewer systems. .The: developer has agreed with the calculation of these charges . It is recommended thatthe attached resolution be adopted. Respectfully submitted, ~-:. - ~, i~ J Wayne S. Burggraaff City Manager • WSB/bll i cc: Public Works Director Finance Director a ~ ~ i i ~ ' ~ -~ N ~ o sed filing ~ 1 Scale: 1~~_ ~~~ ~ ~ ~I Q 3.67 ~ I i .. .RESOLUTION N0.- RESOLUTION DETERMINING CONNECTION CHARGE IN LIEU - • OF OMITTED. SPECIAL, ASSESSMENT FOR SANITARY TRUNK .SEWER,- SANITARY SEWER LATERAL AND WATER LATERAL - 7232 EMERSON WHEREAS, it is hereby determined that the following parcel is in an area; which was assessed for benefit received from construction of sanitary . sewer trunk, sanitary sewer lateral, Village Project No. 515, and water lateral, Village Project No. 465; .and WHEREAS, said parcel is described by plat and parcel as follows: Plat 45605 ~ Parcel 0145 'li • WHEREAS, this parcel is not presently, assessed for sanitary sewer trunk and sanitary sewer lateral No. 515 and water lateral No. 465; and WHEREAS, it is determined that the above parcel is to be assessed a connection charge before issuanceof a connection permit to connectioo the sewer and water ystem in amounts equal to the benefits received by other parcels on sanitary sewer trunk, sanitary sewer lateral-and .water lateral. NOW, THEREFORE,, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: • 1. Thata connection chargein.lieuof omitted special assessments for sanitary sewer trunk be in the amount of $125, and that the connection charge. in Lieu of a special assessment for sanitary.. sewer lateral No. 515 be in the amount of $241.50, 2, That a connection charge in lieu of omitted. special assessments for water lateral No. 465 be in the amount of $134.17.. 3. Thatthe-city clerk is .hereby directed to cause collection of these .connection charges at the time of the issuance of the sewer connection permit and the. water connection permit. Passed by the City Council of the City of Richfield this 23rd day of February, 1976. Loren L. Law Mayor ATTEST: Thomas J Moran City Clerk ~;. m` At the January 12, L976 city council meeting the city council granted a special use permit for a motel at 7636/44 Cedar.Avenue.: The special use permit provides for I the conversion of .two existing. apartment buildings to a'::motel complex consisting of ~, 75 units and a manager's apartment. - ne of the. staff recommendatio s submitted i co ection,with this. a lication O n n nn pp ,. _ was that no rooftop, signs be permitted a's part of this project because of proximity to residential area and because there are no other roofto si ns in the immediate area. ~ P g The city council considered this :recommendation,.: but -fna ly voted to permit the in- stallaton of a rooftop sign with the provision'that.the proposed sign would be sub- mitted to 'the city council for approval, \ The- a licant has submitted a sketch of the ro osed si n of which a -.ao is PP P . p 4 _ _ PY attached. The twa signs, which would meet at the corner,:-would be ~.nstalled on the roof of the existing building..- There, would be a space of three feet-between the rooftop and the bottom of the: sign. Each sign would be five feet high and twenty ; feet long. The signs would be illuminated by flourescent lights and: constructed of metal and plastic materials. The proposed sign installation does"meet the require- menu of .:the city sign ordinance 1 The. action of the city council should be to either approve the proposed sign. installation or advise the applicant how' the sign should be changed in order to obtain city council approval... l I P Y Res ectfull ubmitted s i, I~ .~ i • Wayne S. `Burggraaff it City Manager WSB/e ja cc; Public Works Director r ^, Handicap Prkg. ._ __~ LANDSCAPED Ramp up %W. asno ~ ~aoal sooo ~ MOTEL SIGN (see detail below) ~ _ ' ,- Plontings~ .,: - CITY OF RICHFIELD, MINNESOTA Office of .City Manager. Council Letter No. 57 - Agenda. February 23 , ;1976 { or a 1 h o Drab e M e H n T Y and...: Members 'of the City Council ~~ City of Richfield ~~ ~, Gentlemen • I Subject: Resolution Approving Plans and Specifications for-Tree and Shrubbery :Transplants ~ ' The state highway department has requested- that the city council adopt'a resolution, approving plans and specifications fora ;plan to transplant trees and shrubs in connection with the bons ruction of ;noise barrier walls along ..Highway 35W. At the October'13,. 1975 city council. meeting the city council approved the location for certain'~noise barrier walls along gighway 35V'J. Construction of the wails. has been scheduled" for' the 1976 construction season. `:While final plans and specifications for the walls ha~re not been; completed, the highway department , , has determined the exact location of the walls. Since,-the construction of ahe wall`s will require relocation of many existing trees 'and shrubs, the highway department has prepared plans and pecifications for a;relocation contract to salvage as many existing plantings as possible.. _, II Therefore, it is recommended that'the city council-adopt the attached :resolution which will permit the .Minnesota Highway Department to let an early contract to permit the transplanting ~of these trees and' shrubs during the .spring planting season. RESOLUTION N0. ' RESOLUT~ON'APPROVING PLANS, SPECIA:L.PROVISIONS AND SPECIFICATIONS FOR _ ~~ THE IMPROVEMENT OF A PART OF .TRUNK HIGHWAY N0. 39~+ RENUMBERID AS TRUNK HIGHWAY 35W WITHIN THE CORPORATE LIMITS OF THE CITY OF RICHFIELD FROM THE SOUTH CORPORATE LIMITS OF RICHFIELD TO $2ND STREET TREES AND SHRUBS TRANSPLANT PLAN S. P. 2782-183.(TH 35W = 39~+) Clerk's File No. WHEREAS, the Commissioner of Highways for the State-of Minnesota has caused to be re aced: Tans, special provisions and specifications for the improvement of Trunk P P P umbered as Trunk Hi hway No. 35W, within the corporate limits of .....Highway No . 39~+ ~ ren g the City of Richfield from ~+91+_to 62nd St. West; and., WHEREAS, said plans are on file in the Office of the Department of Highways, St. • bein marked labeled and identified as: S.P. 2782-183 (35W=39~+)~ and, Paul, Minnesota, g. , WHEREAS, said .special provisions are on file in the Office of the Department. of Highways, St. Paul, Minnesota; being marked, labeled and identified as: S.P. 2782-183 (35W=39~+), and which, together with, the Minnesota Department of Highways Standard Specifications for. Highway. Construction., dated January 1, 1972 as amended by Minnesota Department of Highways Supplemental Specifications for Highway Construction, dated January 1, 197+, will govern, and which are on file in the office of the Commissioner of Highways, constitute the specifications for said improvement of Trunk `Highway No. 39~+, renumbered as Trunk Highway No. 35W; a,nd, WHEREAS, copies of said plans and special provisions as so marked, labeled and` .identified are also on file in the Office of the City Clerk; and, WHEREAS, the term, said plans and. special provisions, as hereinafter used in the. -.body of this resolution .will be deemed-and intended to mean, refer to and incorporate the-plans and special provisions in the foregoing recitals particularly identified and escribed• and d WHEREAS, the Commissioner of Highways desires in the interest of public safety that any and all parking of vehicles, if such parking is permitted within the corporate limits of the City of Richfield, on said Trunk Highway No. 39~+~ renumbered as Trunk Highway No. 35W, will be parallel with the curb adjacent to the highway and will be at least 20 .feet from .any crosswalk.:. ~ NOW, THEN, BE IT RESOLVED that said plans and special provisions for the improvement of Trunk Highway No. 39~+, renumbered as Trunk Highway. No. 35W, within the corporate limits of the. City of Richfield,.be and hereby axe approved. BE IT FURTHER RESOLVED that the City of Richfield does hereby agree to require the parking of all vehicles,:if such parking is permitted within the corporate limits of said City, on said Trunk Highway No. 39~+, renumbered Trunk Highway No. 35W, will be parallel with the curb adjacent to the highway, and at least 20 feet from ax~y crosswalks.. on all public streets intersecting said trunk highway. ~` (Continued) ti ,r ^t ~ R BE IT FURTHER RESOLVED that the elevations and grades as shown in said plans and special provisions are hereby approved and consent is her eby given to any and all .changes in grade occasioned by the construction of Trunk Highway No. 39~+, re- ' hwa No. SW numbered Trunk Hig y 3, in accordance with said Tans P and. special provisions. Passed by the City Council of the City of Richfield this 23rd day of Februarry, 1976• Loren L. Law Mayor. ATTEST: Thomas J. Moran City.Clerk • ~ . . t - l~' !:. CITY OF RICHFIELD r MINNESOTA ' Office of City Manager, Council Letter No. 56 ~ Agenda February 23, 1976 The Honorable Mayor and Members of the City Council.,. City of Richfield' Gentlemen: Subject; Discussion of Fee Waived Licenses I Councilman Luettinger-has requested that there be a discussion item on the `' February ~23, 1976 city council agenda concerning fee waived licenses for propri= etary nursing homes c _ . The licenses held by the Richview, Inc., nursing home are. food, ice, and soft :' drink. -There was discussion this year as to whether these licenses should be - issued on a fee waived basis which has been the practice in the. past.-..While this ~ • matter was deferred at several council meetings, he fee waived-licenses were ~ finally approved on';January 26 1976. The provison'af the ,municipal code which.. appears #o deal with this matter. is Section 6.01, subdivision 8, paragraph 2 which provides for the ..following' exceptions for license fees: "Food Serviceslj in governmental. subdivisions, charitable institutions, houses of worship, homes for'the aged,. childcare homes, schools,: charitable and'-none-profit hospitals, `and employee coffee shops ,are ~ . ~ required to app;'ly for and obtain a .license, but are, not charged a fee therefoFe, but='~re subject,. to all other requirements of this section; provided ta'~at any food vending machine located in any such estab- lishment .must be owned~by the es ablishment in order for ariy license 'fee thereon to be issued.." ,; ..:Respectfully submitted,.. ,G~ C"" ~. Vv Wayne S . Burggraaff ..'City.lVlanager WSB/e j a ~~ i i y :CITY -OP RICHFIELD, MINNES.O,TA } ~ Office of .City Manager Council Letter No, 55 ~` Agenda February;23, 1976 ~, The Honorable Ma ,or and l Members of the City Council - City of Richfield Gentlemen: j i - ~ Subject; Purchases in Excess of $1,000 Chapter 6, Section 6.05 of ..the City Charter stipulates that the city council mus approve the purchase of merchandise, materials, equipment or construction. when the amount exceeds $1 , 000. This letter contains two such items Paint Sprayer The approved 1976 park maintenance budget: contains funds for the purchase of a paint sprayer unito The staff has solicited bids for this item and it is recomrriended~ that the council approve this purchase in excess: of $1, 000 in the amount of $1, 085.0.0. - - - ~ ~' -- - -- The public wo ~ks department conducts a program whereby ,each of the city's deep water wells is overhauled once every six years. This practical plan of preventive maintenance assures that city wells and. pump equipment will dependably provide water year around, The program consists of dismantling the!well during a ,low usage .period., inspection and replacement of faulty parts , andi reactivating the well. ` The staff is unable to assess the specific cost of this operation until -the pump has been ~nspected, However,-competitive quotations have been received on the basis of timg and materials which is the procedure that has been used in fhe past. It is recommended that the city council approve this:.. item 'in an amount not to exceed $4,200.00. The funds for this expenditure are available in the 1976 water maintenance ~ ivision budgets Respectfully submitted, Wayne S . Burggraaff !! ~ f L~~~~' City Manager } W S'B/bab ~~ cc Park and Recreation Director Public Works Director Finance Director L ~_ // ', CITY OF RICHFIELD, MINNESOTA I .Office of City Manager Council Letter No. 54 Agenda February 23, 19.76 The Honorable Mayor and ;- Members of the City Council City of Richfield Gentlemen: j _, Subject: Discussion of Apartment Zicensng Ordinance Councilman Luettinger has requested that there be a discussion item on the February 23,.1'976; city council agenda relating to th`e proposed apartment . licensing ordinance. i A .proposed apartment licensing ordinance was given first reading consid- eration by the city council at the May 27, 1975 city council meeting, It was' again submitted at the dIune 23, 1.975 city .council meeting, However, at that time no action was taklen on second reading and the. matter was deferred e Council members indicated agreement. to a meeting with apartment owners, tenants and representatives of the tenants union to consider other enforcement. methods as alternatives to the proposed .licensing ordinance., A copy of council letter no. 2-04, .which. was submitted for the -rune 23 , 1975 meeting is attached for your .information: The city staf ~ has given this matter some additional consideration since last June and. has found it difficult to develop meaningful alterna ivies to the concept containe in the proposed licensing ordinance. Because. of this problem', the meei~ing with the apartment owners , tenants and representatives of the tenants: union has not been held. Therefore, it wquld be helpful to have soiree council discussion of this subject and have some additional direction to the city: staff on ~hether the city council wishes to pursue the idea of developing a .municipal. progr m and ordinance to help insure that there is adequate. and safe housing in Richfield apartment units and help maintain the value of Richfield apartment units . Respectfully submitted, ~~ Wayne S . Burggraaff ' ~ City Manager. cc: Environmental Health Director Planning Director Public Works'Director CITY OF RICHFIELD, MINNESOTA Office of City Manager ~ ~-• _ ., _ Council Letter No. 204 Agenda June 23, 1975 The Honorable Mayor and ;Members of the City Council City of Richfield ' ', .Gentlemen: .. ~ Subject: Second Reading Consideration of Apartment Licensing Ordinance Amendment At the May 27 , 1975 city council meeting the city council gave first reading ~ L consideration to a .proposed ordinance amendment which would provide for the ~. ~ licensing of apartment houses. During the discussion of-this proposed amendment,.. ' ~' the city staff was requested to provide additional. information concerning the work- k load and staffing of the environmental health department so that council members would be in a better position to make a decision with respect to the need-for a 'I .housing ,service officer position in this department. ~ - The purpose of this council letter is to submit the ordinance amendment for second reading consideration and fo comment on the environmental health departmer_t -~~ workload and need for a~housing service officer. Second Readina Consideration At the May 27 , 1975 city council meeting the- city council made a change in se fee from 4.00 en al lic $ d he annu the ro osed ordinance amendment which reduce t p p ~i, per unit to $2.00 per unit .and reduced the minimum fee from $25..00 to $15.00. These. changes were made in the draft of the ordinance amendment as considered at the time the first reading"was published in the newspaper. A copy is attached and j marked Exhibit A. In view. of some of the questions that were raised at the time of ,I first reading, the city attorney has further reviewed the ordinance and suggests that changes be made at the time of second reading in an effort to answer the following . j ~ and clarify hose questions which were raised. at the time of first reading: 4 ~ 1, In Section 3.22, Subd. 2, strike the phrase "having complied with" " <.: ~; . and substitute the phrase "first having obtained a license under 2 . In the same Subd . 2 , at the end, substitute a comma for a period ~~ and add the phrase "except to the extent that occupancy of an . ~ S apartment is permitted without alicense- under the provisions of Subdivision 3 , Paragraph c) , of this Section . " ~ ,~,. ;,~; Council Letter No. 204 - 2 - June 23, 1975 ~, 3. In Subd. 3 Paragraph c), after the phrase "Apartment units within ;~ ~~ ''; an unlicensed apartment house" add the. phrase "for which a license application has been made and" . 4 . At the end of Subd . 3 , Paragraph c) , add the, following additional sentence:: "In any instance where the Administrator has denied an application fora license the applicant may appeal from his decision ', ` to the city council. . ', .5 . In Subd . 5 , in the final sentence , after the phrase "in the manner provided for in" add, the words "obtaining a" . .After the. changes proposed by the city attorney have been made it is recommended that the city council. consider the amendment for second reading .purposes and j adopt the apartment licensing ordinance . Consideration of Environmental Health. M Department Work Procrram In response to the request of the city council we have conducted a rather ~ thorough. analysis of the. environmental health department work program and the type and amount of workload which exists within that department. =You will find by reviewing the: following sections of this council letter that there has been a I, ~ . ~: steady and significant increase in the workload of this department.. Complaints ~ ~ _ •have increased significantly and over the past several years there has been pro- . gressively greater emphasis .placed on handling complaints to the detriment of ', regularly conducted inspection programs in the various areas where-the department has the responsibility for insuring minimum code compliance. While we cannot determine all of the reasons for the increasing. number. of complaints,. they are probably due in part to the fact that the community is growing. older, there is more. consumer and environmental concern about a .wide variety of issues and.. changing economic conditions. It is unfortunate that_the regularly scheduled inspection program must suffer as a result of increasing complaint call requests, since the rear value of good environmental health program rests with the ability of the agency to conduct regular .preventive inspections for the purpose of minimizing hazards and protecting the health of the public. Staff and Department Services- The health department currently employs three.. full-time persons and one part-time person. This includes a director, a secretary, a public health environmentalist and a part-time health investigator. The major services. provided by the department are listed below: Council Letter No. 204 - 3 - rune 23, 1975 i Housing Service Pollution Control '~, Single dwelling and duplex inspection Pollution sampling and analysis - ~ Apartment House inspections Pollution source investigation Swimming pool inspections Noise level surveys I Property maintenance inspections Litter control '' Odor abatement programs ~ Waste disposal inspections Food Sanitation Occupational Health Restaurant inspections Commercial: establishment inspections Food vending machine inspections Motel. inspections ', ~ Food establishment inspections Animal kennel inspections '~ Food service vehicle inspections ' Sauna inspections. Nursing home inspections Industrial plant inspections Home occupation inspections Sanitation truck inspections '~ Miscellaneous Weed area inspections Nuisance control Plan reviews Office conferences i • Court appearances ` ~ Vermin surveys Traver validation Code research Citation :consultation - General information service Departmental Workload Analysis The :environmental health department conducts regularly scheduled: inspections ' as well as inspections in response to citizen. complaints . -The frequency of regularly- scheduled inspections depends on the nature of the establishment inspected, its state of code compliance and the owner's willingness and speed in correcting violations and. achieving compliance with minimum code requirements . ~ The analysis. of -.the departmental. workload shows that the major demand .for. staff rom 1972 throu h 1974 complaints se to citizen com faints, F g , in re s on een P time has b P increased by 44%. So far this year they are up an additional 13%. Exhibit B (April, 1975. Monthly Report) provides more detail.. The four main areas in which complaints i are .received are: { 1) unsanitary food services , including ~ a) unsanitary food b) unsanitary premises c) food poisoning g 2) weed patches _ - a '~ - ; ~. 3) property maintenance. and pollution sources, including Council. Letter No. 204 - 4 - June 23, 1975 .i a) improper waste storage b) air or water pollution . . c) junk cars d) trash or clutter f It is difficult to define a "typical inspection or complaint response. Nevertheless, we have attempted to calculate-.the amount of time required in several illustrative ~ situations to demonstrate the time. consuming aspects of :these cases . Exhibit C lists several types of inspections with average amount of -time required for each. j The listing of inspections necessary in these areas exemplifies the trend in increase g numbers of complaints. 1972 1973 1974 Food. service facility inspections 228 360 417 Weed area inspections 614 701 911 Property maintenance and pollution 839 2,380 2,571 control inspections I The trend does not .appear to be abating . Complaints regarding unsanitary food or food service conditions and food'.poisoning, for instance, are now running 50% ahead of the same time last year. The .increase in the number of complaints and .related. inspections and the increasing amount of staff time devoted to inspections by complaint is making it • difficult to maintain the desired number of.re~uiar inspections especially in the areas of swimming pools, food vending machines, restaurants and ret~iil food r distributors. Staff time required to respond to complaints has reduced the staff time ', .available to conduct the desired number of regular inspections of such. facilities. I :Apartment House Licensing In order to gain an understanding of the impact of the proposed apartment house licensing program, a survey of other communities which license apartment houses -was. conducted. This survey included Minneapolis, St. Paul, Bloomington, St. Louis Park, New Brighton, ,Hopkins , Brooklyn Park, Fridley, New Hope , and Brooklyn. Center. As a result of this survey it was learned that following enactment of such licensing procedures, tenants' complaints. to health departments rose significantly. The general feeling was. that this increase in complaints was due to both he new tenant- awareness of who to contact when- other avenues fail and to a tenants' feeling that city government was now morn sympathetic to the problems faced by renters . In Bloomington, Hopkins Brooklyn Park and St. Louis Park, where. the' number. of apartment units most closely approximated Richfield's, the survey showed that about one half of a housing. officer's time was spent responding to apartment house. com- plaints... The most frequent types of complaints encountered by the communities surveyed included• Lack of heat Leaking `or stopped up plumbing ~, Hazardous electrical wiring Improper waste storage Insufficient locks- Offensive odors Cock roaches, silverfish, etc. Rodents ' ~ Repairs not done '_General filth .Council Letter No. 204 - 5 - June 23, 1975 . `: x ri e fedsE e enc Rich i 1 P Our extensive study of the department of environmental health and our survey of neighboring communities have produced the following facts: 1. .Residents' complaints in Richfield have increased significantly in recent years . 2, 'The related increased workload generated by complaints is making it .increasingly difficult to maintain both the desired .number of regular inspections and the thoroughness of those .inspections. 3. Adoption of the apartment house licensing ordinance will_generate a significant increase in complaints. ~ 4. Apartment house complaints alone most.. likely will demand at least one-half a housing officer's time . Housing Service Officer i -The adopted 1975 budget provides. for the-creation of a housing service officer in the environmental' health. department. We believe Ghat the information contained II in this letter fully justifies the creation and filling of tYns .position at the present • time . A job description which describes the position and provides illustrative.. examples I, of work to be performed, is attached-and identified as "Exhibit D." The housing service officer position should be assigned to Pay Grade I3 {$10,516-$I3,429). ~ Briefly, the housing service officer will assist the environmental health depur:- ment in the following manner: 1. The HSO will handle all complaints and related inspections from multiple. ~, dwelling-tenants. Initially this will require about one-half his time. It may require more of his time in future years as our apartment houses ', continue_to age 2. The HSO will also handle other areas of housing code enforcement. This will include property maintenance and pollution control inspections , single dwelling and duplex inspections and swimming pool inspections. The assignment of these- duties to the .housing service officer wilLenable -other department personnel to devote their time to more thoroughly investigating complaints in other areas and to place as much emphasis as possible on regular inspection programs . .. Summary „_ In summary; .it is recommended-shat. the. city council take the following action: t 1 AN. ORDINANCE . RELATING TO APARTMENT HOUSES: PROVIDING FOR THE INSPECTION AND LICENSING THEREOF; .ADDING A NEW SECTION TO THE CITY CODE OF ORDINANCES: RENUMBERING SECTION 3.22 AS SECTION 3.23 CITY OF RICHFIELD DOES ORDAIN: Section 3.22 of the City Code is renumbered as Section 3.23. • D ~ The City Code is amended by adding a new section, after Section 3.2I, to read:- "3.22. Definitions. Subdivision 1. For the purposes of this Section the !, termsdefined herein have the meanings given them, ~ L I a. "Apartment house: means a multiple dwelling containing three or more apartments. b, "Apartment" or "apartment unit" means a room or suite of rooms designed for, intended for or occupied by ,one family and equipped.. with cooking facilities. • c.' "Family".means one or more persons occupying an apartment and living as a single, non-profit housekeeping unit, as distinguised from a group occupying a hotel, club, fraternity or sorority house. The term family includes necessary servants. d. "Housing administrator" or "administrator" means the City Manager or ..his duly authorized representative. e. "Housing Code" means Section 3.21-of this Code and the Uniform Housing Code as adopted by Section 3.02 of this Code. f. .A11 other. definitions contained in Section 3.21, Subdivision 1, ~i are incorporated in this Section by reference and made a part hereof. "Subd. 2. Licensing. It is unlawful for any person who is an owner of an apartment house to operate such apartment house without first having obtained _ a license under the provisions of this Section, except to the extent that oc- cupancy of an apartment is permitted without a license under the provisions of Subdivision 3, Paragraph c) of this Section. "Subd. 3. Licensing Procedure . a) Within 30 days after the effective date of this Section, the owner of an apartment house .shall apply to the Housing Admin- istrator for the license required by Subdivision 2. Application shall be made on forms provided by the City and accompanied by the initial fee required by Sub- division 7. The owner of an apartment house constructed after the effective date of this Section shall make similar application prior to actual occupancy of any. apartment unit therein. ' y ~ b)~ Application; Contents, The application shall contain such information as the Administrator may require to insure compliance with the Housing Code and this Section, c). Issuance of Licenses. If the Administrator finds that the requirements of the Housing Code and this Section have been complied with he shall issue the license, If he finds noncom Tian p ce with the Code and this Section he sha 11 deny the license specifying in wrihin .the defects whi h g c shall be transmitted to the a pplicant, The a licant shall have a r" PP pe iod of 60 days from recei t of.such n tice P o to correct the defects specified. The Administrator may, in his discretion, authorize additional time for compliancd. If the license is denied no occupancy of dwelling units then vacant, or which become vacant, is permitted until a, license has been issued, Apartment units within an unlicensed apartment house for which a license application has been made and which are in compliance with the Housing Code maybe occupied pro- . vided that non-complying units. within the apartment house do not create an immediate hazard to the health and safety of persons in occupied units. Such extended occupancy ...may continue until final action on the. granting or denial of the license is taken by the City .Council, In any instance where the Administrator has denied an application ' for a license the applicant may appeal from his decision to the city coundil, "Subd. 4. .License: Renewal; Transfer: The term of a license granted under this Section is one year, expiring on June 30, The license may be renewed annually .thereafter. The license is transferable upon application to the Administrator., and payment of the license transfer fee by the prospective owner, provided that the apartment house is in compliance with the Housing Code, The license shall terminate if application. for transfer is not made within 30 days after transfer of ownership of the apartment house. (~( I t k "Subd. 5. Licenses; Suspension:. Revocation: A license issued or renewed under this Section may be suspended upon a finding of non-compliance by the Admini- strator, and written. notice to the licensee, Upon failure of the licensee to com- ply with the notice of violation, the license may be revoked or suspended in the manner provided by Section 5.14 of this Code. Reinstatement of a suspended license shall be accompanied by an amount equal to 50% of the license fee. Issuance of a new license after revocation shall be made in the manner provided for obtaining. an initial license. "Subd, 6. Licenses; Display, Licenses issued under this Section shall be prominently displayed on the premises of the .apartment house, wherever feasible, or produced u on demand of a ros P eetive p p tenant, or the Administrator, Exce t as P otherwise provided in .this Section all provisions of .Sections 5,08 to 5.15 of this Code are applicable to licenses issued under this Section. "Subd. 7. Fees, The fees for licenses required by this section are as follows: ...Annual License $2.00 for each apartment unit, with a minimum fee of $15.00 for each apartment house License Transfer Fee $10.00 A license fee, or license transfer fee which is not paid on the date due and payable shall be increased by a 10% penalty for each month or portion thereof during which said fee remains unpaid. • ' __ -3- "Subd, 8, .Compliance with Minnesota Statutes, Sections 566.18 to 566.33. •Nothing in this Section is intended to modify or abrogate the rights of tenants of apartment units or owners of apartment houses granted by Minnesota Statutes, Sections 566.18 to 566.33. The City Manager may designate, subject to Council approval, administrators to carry out the duties assigned by the court pursuant to said statutes, "Subd, 9. Remedies. Violation of the provisions of this Section is a misdemeanor. In addition the City may bring action for enforcement pursuant to Minnesota Statutes, Section 566.20. "Subd, 10. .This ordinance is effective on December 1, 1975. The initial license fees required by Subds, 3 and 7 shall be prorated for the period January ~~ 1, 1976 to June 30, 1976." Passed by the City Council of-the City of Richfield this day of f Loren L. Law Mayor ATTEST: k. k • Thomas J. Moran City Clerk ~ - 1 ~~ 'i i I I ~ ~ " '~ I • ;,,. _.._ r '~ ~ ~~~~~~~ DEPARTMENT OI' HEALTIi . Nfonth of April , 1975 •., - . Page 1 of 3 Pages. THIS THIS 1VIONTF3 THIS YEAR LAST YEAR AC__~___-- ~ MONTH LAST YEZ1R TO DATI: TO DATE COT~IM UN ICABLE DISEASE CONTROL . (Keportable Diseases) infectious Mononucleosis ~ 12 ~' Saimonellosis 1 1 Other Diseases 4 5 11 13 _ Laboratory Analysis. by State . llealth Departrnent 18 11 36 65 EN~TIRO~TT~ENTAL HEALTH ~ i, Housing ,Code Enforcement: .Single dwellings and duplexes 4 3 14 - 1S insp.~cted ~. ~.. _ ~ Housing ordered vacated - ~ airs required 4 4 • ].3 .. 14 .Outside premises inspected 159 168 452 - ..549 General cleanup required 82 55 13.6 ~ 186 - ~ I~ Citations written ~ 4 I 9 .11 ,„ Apartment House Inspections ~ 11 3 ~ 33 _ 23 ~i Units ordered vacated ~ .. .Repairs required 9 4 16 _ 7 Outside premises inspected 17.. 8 - 47 57 General cleanup required - 2 5' 16 _ 'Citations ~vritten ~ 1 ~ ~ 1 2 Pollution Detection: ~ ; - .Pollution .Control: ~_ Samples taken 40 74 160 205 ~ Samples analyzed by State 30 ~ 64 114 174 `Samples analyzed by Richfield 20 10 46 .: 31 Repoxts of Air Quality ~ . _ Pollution sources investigated 96 139 287 493 Procedur~~l~operation changes 56 ~ 65 123 239 quired ipmeiit changes ra`quired 5 Pollution control devices in- stalled Eitation Written ,~ -41- , . , _ __ _•, ~ :~ ,• ' ~~ _ `'} Department of I;ealth page ~ of ~3 Pages Month of April, 1975 THIS THIS MONTH THIS YEAR LAST YEAR' i T1N ONMrP~1TAL HP,AT.,TII(font) MONTH LAST YEAR TO DATE '!'O DATE : ~. Food Sanitation: ~ ' )~aod facilities inspected 38 I6 193 148 Strucfiural or finish schedule 12 ~ ~ - S ~ , 65 ~ 47 . w~.,_: changes required :- Equfprnent changes required 6 1 16 11 ~_- General cleanup required 12 4 62 53 ....-s, Citations issued 2 3 17 22 ~~;ndirig Machines inspected 1 ~ 2I ~ I7 ~ r F- Removal required _ ~ ~;~ Operational changes required ,~ General cloanup required ~ I ~~.`f Citations issued ~ - iZ~~~: ©ccu atonal Health• _ ~.^ P Commercial establishments 15 37 ~ 85 129 inspected...., ~~ >Endustrial plants inspected 1 ~ ~ 1 . 'E" ~ Nursin homes ins ected 1 ~ . 1 ,~,~:°; g p M1~ N y e ieve l surveys 2- I ~ 3 '- 2 ~ections required. ~ 8 9 ~ ~ 26 28 ' ~ `` General cleanup required 4 13 14 25 °`~` . )recreation and Miscellaneous: ~ - ~ 3wfmmfn pools: inspected ~ 2 3 ~`~ g ;narks inspected - I~Iotels inspected ~ - 2 ''~ .Service stations inspected 2 10 35 - '~"`"` Animal kennels inspected 3 - . .5 3 .> ~tlTeed areas inspected l 3 ~ 15 ~~~ Corrections required Citations written _ . ~ ~ ~~ . ~ _ Statistics: -_ Office Conferences - y39 49 153 ~ 138 .~.: Letters Written 127 155 585 547 :~_,, =• Laborafiory analyses ~ ~ 13 1Q 49 ~ 43 Court Action 5. 4 ~ ~ 12 liiternational Travel 2 2 13 ~ ~ 13 ~.::~,;~ Certificates validated Com Taints Received 82 ~ I18 ~ 224 230 r ~b P _ ` 3 ~ 7 2 ~.~ F]lRevicws ' .. ~~... 42 -- ~;_ ~:. ~~ ~ ~ ~ ~ r. . ~ -;. EkY~~~3t~ C TYPICAL FOOD POISONING COMPLAINT Time (Min.) Task 15 Receive call and pose extensive list of questions to determine actual food poisoning 15 Research file on establishment to determine. prior record and know last. orders issued thereto 15` Travel time . 15 Present-self to owner, establish nature of call and explain procedure involved 45 Inspection, per se, including: - taking samples of all. food involved inspecting all facilities involved. making cursory- examination of other areas 75 Travel to state health department, deliver samples 5 Receive test results. by phone 10 Relay. results to complaimant 30 Compose letter outlining violations and corrective measures necessary 30 Type,..review and send letter, ..file copy 44 hours initial inspection time 15 Travel time ection ins f ll d i 45 p . e; u ons ma Follow-up inspection to verify correct of all areas N.B. This type of inspection usually-turns up from 5 to 50 violations 15 Travel time 30 Gompose letter outlining violations and corrective. measures. necessary 30 Type, review and send letter, file copy 22 hours follow-up time; this follow-up procedure then repeated. ad infinitum) 62 hours total usual food poisoning complaint resolution time '~ ., .TYPICAL APARTMENT HOUSE COMPLAINT -- GENERAL MAINTENANCE Time (Min.} Task • . 5 Receive call 15 Travel time 45 Full. inspection of public areas; (see HSO job description) 15 Inspection of complaimant's unit; (see HSO job description) 15 Travel time 10 Research file on apartment house 10 Research applicable housing..codes 20 Compos e` letter 30 Type, review and send letter; file copy 15 - Travel time. 30 Follow-up inspection: about one-half of the follow-ups show necessary work has been done, therefore add 15 minutes travel time for 50 % total of 3 %4 hours; the other half includes the following: 15 Discuss conditions with caretaker 15 Travel time 15 Compose final notice letter 30 Type, review and send letter; file copy 15 Travel time 30 Second follow-up inspection: about half the' second follow-ups -- that is :one half of one half , or one quarter. of the original complaints ---.are resolved at this point, therefore add 15 minutes f • travel time fora 25% total of 5 %4 hours; the cast quarter of the complaints includes the following: 15 Travel time 15 Citation preparation and issuance; total time for last quarter: 6 hours 4 %4 hours average total Apartment house complaint resolution time.: ) 5 = 4 %4 hrs s X 2 5 + 3 %4 h . . . r (6 hrs . X . 2 5 + 5 /4 hrs . X . ~.. ~k~O~~~ HOUSING.. SERViCE OFFICER ~URE OF WORK Under general supervision performs inspection of existing dwellings, enforces applicable laws or ordinances and does related work as required. .EXAMPLES. OF WORK PERFORMED Inspects health and sanitary conditions , including presence of vermin, rubbish. and flaking paint; cracked and broken floor coverings , cracks around bathtubs , toilets and sinks; back syphonage possibilities of water,,supply; proper waste storage facilities, detection of harmful gases such as carbon monoxide or escaping natural heaters rovidin of window screening, adequate heat _ gas; venting of -space p g and water, proper lighting, stopped-up plumbing, drainage away from building, accumulation of weeds and garbage, detection of rashes, sores, etc.' on occupants; condition of a liances and exposed electrical wiring. PP ' h include ins ection whic a e ildin mainten nc P akes surve s or a raisals of bu g , M Y PP assessments of foundation, floor, wall and ceiling cracks; wa er and moisture- roofin rodent- roof and weather-tight doors and windows , leaning, buckling P P g or bulging foundation or bearing .walls , .sagging beams , sloping floors; doors 'ndows• - doors and wi , i and windows out of level; dead bolt locks; brokenpanes in window operation; leaking roof; loose plaster; peeling or stained' paint and wall- paper; gutters and rain leaders; mortar between bricks and concrete blocks in • foundation.,. walls; condition of exterior siding; tilting of chimn~.ys; missing, bricks; deteriorating flashing; missing shingles; broken TV antennas; missing, cracked or weak steps; railing rigidity; missing posts; condition of columns which support porch roof; condition of fireplaces; condition of garages, sidewalks and parking facilities , driveways and fences . Inspect maintenance and operation of swimming pools,. including inspection of recirculation pump, hair catcher, filters, chemical feed equipment, water quality. and algae control, disinfectant content and pH level, diving boards, steps, fence, gate, ground fault disconnect, safety and lifesaving equipment, :occupant Toad, deck chairs and .other equipment.. Inspect and control conditions in violation of .ordinances related to home occupations, visibility obstruction at intersections, junker or inoperable vehicle disposal, recreational vehicle and other vehicle storage, equipment storage, outside waste storage and parking lot striping and maintenance. ' 'Communicate and work with members of the public providing. directive and. encourage- ment and, when necessary, initiate. proper enforcement techniques . Keep complete and accurate records of all work performed; keep daily records of all activities and prepare information for monthly reports; and make other investiga- tions as assigned. MINIMUM UALIFICATIONS REQUIRED- Graduation-from an accredited college or university with a bachelor's degree and .one. year of public health work; or any equivalent combination of experience and ~.: ,~ Housing Service Officer ,Page 2 -: , . ~ - training in public health and responsible position in building construction work. ` Considerable knowledge of public health ordinances and regulations applicable to housing conditions; some working knowledge of building construction, including ~ the fundamentals of electric wiring, plumbing, heating, gas piping, ventilation, lighting, health hazards and fire hazards;- and working knowledge. of the applicable laws ordinances and regulations . Ability to interpret and- explain applicable laws, ordinances and regulations; ability.. to establish and maintain effective working relationships with building owners , operators , managers, .occupants and others and ability to enforce regulatory provisions with firmness , tact, courtesy and impartiality; ability to work i ` effectively with employees and related agencies; and ability to organize and carry out own work effectively. ~ ,~ ,# ~'. i l P ~: .. - - f. i - ~ ~: - ~ ~ f 1. ,,::~ .~ :,.p.. ... .. ~ ~. ,. p r ~ °j ~~ (, CITY, OF RICHFIELD, :MINNESOTA ~ ~, Office of City Manager ~` ~ ~ Council Letter No. 53 Agenda February 23, 1976 ~; The Honorable Mayor t and f: Members of the City Council r City of Richfield Centlemen• i Subject: Proposed Amendment to the Municipal Code Concerning { SaunaS.'and.Massage Parlors At the January 26, 1976 city council meeting, the city council gave first reading consideration to an ordinance amendment providing for regulation of ~ saunas and massage parlors. The amendment would limit the number of sauna ', and massage parlor licenses which may be in force at any one time to five • licenses . The amendment would also- require an initial application and investigation fee `of $700 and an annual license fee of $600. A copy of the ordinance amendment is attached. It is recommended that this amendment bl given second reading consideration at the': February 2 3 , 19 7 6 city council meeting . Respectfully submitted.,, ~~; ~ `~ _~ ~. ~~we. ~J ~ • ~~a~ Wayne S. Burggraaff City Manager WSB/bll cc: City .Attorney City Clerk Public Safet. Director i 9 ~ s i_ _ ~" r -. r. AMENDMENT TO CHAPTER V PART II SECTION 5.25. OF THE .ORDINANCE CODE OF THE CITY OF RICHFIELD` . CITY OF RICHFIELD DOES ORDAIN: 25 of the Ordinance Code Part II Section 5. Cha .ter V, , P ~ i of the City of Richfield relating to the regulation of saunas ', (~ and massage parlors is .hereby amended by amending Subdivisions `_ ~ and ~4 to read as follows: - t~ "Subd. 2 License Required (1) It is found and determined that the type of busri_ess E activity subject to licensure under this section is part~c- F ularly subject to abuse which may take a number of forms contrary to the morals, health, safety and general welfare- of the community: Further,. ~.t is found that control of .these ~ a uses requires intensive effoats of the public safety department as well as other departments of .the cityy__, These efforts exceed those re fired to control and re ulate other usiness activities licensed by the city. This concentrated use of city services tends to detract from and reduce the Level of service available to the rest of the community - and thereby diminishes the ability of the city. to promote • the general health, welfare, morals .and safety. of the community. `The number of sauna and massage arlor licenses which may be in force at an one time shall be lye. 2) No person shall engage in the business of operating a sauna or massage parlor either exclusively or i.n connection .with any. other business enterprise without. being licensed as provided in this section." Subd. 4 License Fees and License Year. The annual license fee is $~~9-96 $600.00. The license .fee: shall.. be paid when the application is filed. In the. event that the application- is denied or in the event that the .license once issued is revoked,' cancelled, suspended or surrendered,. no part of the .annual .fee >shallbe returned to the applicant unless by, council action. In addition to the annual license fee required b this su division,, any applicant making an initial a lication shall ~~ - of also pa a non-refundable a licaiton .and investi~ anon .fee 700.00 at 'the time of maki.n such ap ication.- A separate license .shall be obtained for each e of bu-sines: The licensee shall display. the license on a prominent place in ' the licensed business at all times. A license, unless revoked or surrendered., is for the calendar year or part thereof, for w is ~.t as' een issued. .. j~ \