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12-08-2020 Complete AgendaREGULAR CITY COUNCIL MEETING VIRTUAL MEETING HELD VIA WEBEX DECEMBER 8, 2020 7:00 PM INTRODUCTORY PROCEEDINGS Call to order Pledge of Allegiance Open forum Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council may call 612-861-0651 during the Open Forum portion or must have registered prior to the meeting by calling 612-861-9711 or emailing kwynn@richfieldmn.gov. Approval of the Minutes of the (1) Special City Council Meeting of November 13, 2020; (2) Special City Council Meeting of November 23, 2020; (3) City Council/HRA/Planning Commission Work Session of November 24, 2020; and (4) City Council Meeting of November 24, 2020. PRESENTATIONS 1.Sustainability Commission annual report presentation. 2.Transportation Commission annual report presentation. AGENDA APPROVAL 4. Approval of the Agenda 5.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. Consider a resolution regarding a Co-operative Agreement and Addendum to continue membership in the Hennepin County Violent Offender Task Force. Staff Report No. 152 B. Consider to approve the renewal of the 2021 licenses for On-Sale 3.2 Percent Malt Liquor, Off-Sale 3.2 Percent Malt Liquor, Secondhand Goods Dealer and taxi companies doing business in Richfield. Licenses to Operate in Richfield Licenses to sell 3.2 Percent Malt Liquor Gold Star Taxi - 7 vehicles La Vaquita Short Stop- Off-Sale La Vaquita 2- Off-Sale Secondhand Goods Dealers Portland Food Mart - Off-Sale Gamestop Pump & Munch - Off-Sale Wedding Day Jewelers Richfield Minnoco - Off Sale Speedway #4186 - Off-Sale Speedway #4188 - Off-Sale Speedway #4191 - Off-Sale Speedway #4615 - Off-Sale Target Corporation - Off-Sale Vina Restaurant - On-Sale Pizza Luce - On-Sale Staff Report No. 153 C.Consider the approval of the purchase of a truck chassis from Nuss Truck & Equipment for $106,953 and dump box/snow fighting equipment from Towmaster Truck and Equipment for $104,971, totaling $211,924 plus taxes and licensing in 2021 for use by the Public Works Department. Staff Report No. 154 D.Consider approval of an amendment to the agreement with the City of Bloomington for the provision of public health services for the City of Richfield for 2021. Staff Report No. 155 E.Consider the adoption of a resolution authorizing Richfield Public Safety/Police Department to accept donations from the listed agencies, businesses and private individuals for designated uses. Staff Report No. 156 F.Consider the approval of a contract with Graymont (WI), LLC for the annual purchase of 1,400 tons of quick lime in the amount of $785,400 for water treatment in 2021, 2022, and 2023. Staff Report No. 157 G.Consider the approval of a contract with Meyer Contracting, Inc., in the amount of $715,817.55 for the Wood Lake lift station improvement project. Staff Report No. 158 H.Consider the approval of a contract with Minnesota Dirt Works in the amount of $123,456.00 for the Christian Park pond dredging project. Staff Report No. 159 I.Consider the adoption of a resolution designating polling places for 2021. Staff Report No. 160 6.Consideration of items, if any, removed from Consent Calendar PUBLIC HEARINGS 7.Conduct a public hearing and consider a second reading of an ordinance establishing a nine-month moratorium on the development of certain properties in the vicinity of Veteran's Park. The moratorium would apply to properties that are guided for Medium and High Density Residential or Commercial use in the 2040 Richfield Comprehensive Plan. Staff Report No. 179 8.Public hearing and consider to approve the renewal of 2021 Club On-Sale Intoxicating and Sunday Liquor licenses for Fred Babcock V.F.W. Post No. 5555, 6715 Lakeshore Drive. Staff Report No. 161 9.Public hearing and consider to approve the renewal of 2021 On-Sale Wine and 3.2 Percent Malt Liquor licenses for Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill, 7644 Lyndale Avenue South. Staff Report No. 162 10.Public hearing and consider to approve the renewal of 2021 On-Sale Wine and 3.2 Percent Malt Liquor licenses for Davanni's, Inc. d/b/a Davanni's Pizza and Hot Hoagies, 6345 Penn Avenue South. Staff Report No. 163 11.Public hearing and consider to approve the renewal of 2021 On-Sale Wine and 3.2 Percent Malt Liquor licenses for Joy's Pattaya Thai Restaurant, LLC d/b/a Joy's Pattaya Thai Restaurant, 7545 Lyndale Avenue South. Staff Report No. 164 12.Public hearing and consider to approve the renewal of 2021 On-Sale Wine and 3.2 Percent Malt Liquor licenses with outside seating for LRFC, LLC d/b/a Local Roots Food & Coffee, 817 66th Street East. Staff Report No. 165 13.Public hearing and consider to approve the renewal of 2021 On-Sale Wine and 3.2 Percent Malt Liquor licenses for My Burger Operations, LLC d/b/a My Burger, 6555 Lyndale Avenue South. Staff Report No. 166 14.Public hearing and consider to approve the renewal of 2021 On-Sale Wine and 3.2 Percent Malt Liquor licenses for Minnesota Junior Hockey Group, LLC d/b/a Minnesota Magicians at the Richfield Ice Arena, 636 East 66th Street. Staff Report No. 167 15.Public hearing and consider to approve the renewal of 2021 On-Sale Wine and 3.2 Percent Malt Liquor licenses for Patrick's French Bakery, Inc. d/b/a Patrick's Bakery & Cafe, 2928 66th Street West. Staff Report No. 168 16.Public hearing and consider to approve the renewal of 2021 On-Sale Wine and 3.2 Percent Malt Liquor licenses for Henry Thou d/b/a Red Pepper Chinese Restaurant, 2910 66th Street West. Staff Report No. 169 17.Public hearing and consider to approve the renewal of 2021 On-Sale Wine and 3.2 Percent Malt Liquor licenses for Paisan, Inc. d/b/a Khan’s Mongolian BBQ, 500 78th Street East. Staff Report No. 170 18.Public hearing and consider to approve the renewal of 2021 On-Sale Intoxicating and Sunday Liquor licenses, with optional 2 a.m. closing, for Frenchman's Pub, Inc. d/b/a Frenchman's, 1400 66th Street East. Staff Report No. 171 19.Public hearing and consider to approve the renewal of 2021 On-Sale Intoxicating and Sunday Liquor licenses, with optional 2 a.m. closing for El Tejaban Mexican Restaurant, LLC d/b/a El Tejaban Mexican Grill, 6519 Nicollet Avenue South. Staff Report No. 172 20.Public hearing and consider to approve the renewal of 2021 On-Sale Intoxicating and Sunday Liquor licenses with outside service, for Thompson's Fireside Pizza, Inc. d/b/a Fireside Foundry, 6736 Penn Avenue South. Staff Report No. 173 21.Public hearing and consider to approve the renewal of 2021 On-Sale Intoxicating and Sunday Liquor licenses for Lyndale Smokehouse, LLC d/b/a Lyndale Smokehouse, 7745 Lyndale Avenue South. Staff Report No. 174 22.Public hearing and consider to approve the renewal of 2021 On-Sale Intoxicating and Sunday Liquor licenses, with outside service, for VPC Richfield Pizza, LLC d/b/a Giordano's of Richfield, 3000 66th Street West. Staff Report No. 175 23.Public hearing and consider the approval of the renewal of 2021 On-Sale Intoxicating and Sunday Liquor licenses, with the optional 2 a.m. closing, for Los Sanchez Taqueria II, LLC d/b/a Los Sanchez Taqueria, 2 West 66th Street. Staff Report No. 176 24.Public hearing and consider the approval of the renewal of 2021 On-Sale Intoxicating and Sunday Liquor licenses for Lyn 65, LLC d/b/a Lyn 65 Kitchen & Bar, 6439 Lyndale Avenue South. Staff Report No. 177 25.Public hearing and consider to approve the renewal of 2021 Pawnbroker and Secondhand Goods Dealer licenses for Metro Pawn & Gun, Inc., 7529 Lyndale Avenue South. Staff Report No. 178 RESOLUTIONS 26.Consider resolutions approving the 2020 Revised/2021 Proposed budget and tax levy and related resolutions. Staff Report No. 180 27.Consider a resolution approving the 2021 budget for the Affordable Housing Trust Fund. Staff Report No. 181 CITY MANAGER’S REPORT 28.City Manager's Report CLAIMS AND PAYROLLS 29.Claims and Payroll OTHER BUSINESS 30.Presentation of the Edwina Garcia Community Builder Award and proclamation. COUNCIL DISCUSSION 31.Hats Off to Hometown Hits 32.Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. CALL TO ORDER The meeting was called to order by Mayor Maria Regan Gonzalez at 4:15 p.m. via WebEx. Council Members Maria Regan Gonzalez, Mayor; Ben Whalen; Mary Supple; Edwina Garcia; and Present: Simon Trautmann Staff Present: Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Blanca Martinez Gavina, Executive Analyst/Aid; and Elizabeth Vanhoose, City Clerk. Item #1 CONSIDER THE ADOPTION OF A RESOLUTION DETERMINING THE RESULTS OF THE CITY GENERAL ELECTION ON TUESDAY, NOVEMBER 3, 2020. STAFF REPORT NO. 147 Mayor Regan Gonzalez read the resolution and announced the total votes for each of the elected candidates. The number of votes were as follows: Ward 1: Simon Trautmann, received 4,364 votes; Ward 2: Sean Hayford Oleary received 3, 690 votes; and Ward 3: Ben Whalen 4,171 votes. The total number of votes was 20,070. Mayor Regan Gonzalez thanked all of the election judges, City Clerk Vanhoose and all her staff’s excellent work in such unprecedented election. City Clerk Vanhoose stated that it was a team effort. M/Garcia, S/Trautmann to approve the resolution determining the results of the City General Election on Tuesday, November 3, 2020. Council Member Supple thanked the voters as Richfield’s turnout was 86%. Council Member Garcia stated that she wanted to thank the aforementioned people and also the candidates who ran great campaigns. Council Member Trautmann thanked City Clerk Vanhoose and the city’s best practices which resulted in great outreach to communities. He also gave the fifth precinct a shootout for a great turnout. SPECIAL CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Meeting Virtual Meeting held via WebEx November 13, 2020 Council Meeting Minutes -2- November 13, 2020 Mayor Regan Gonzalez stated that she appreciated staff’s special attention to reaching communities that had barriers to vote. Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Garcia: AYE Whalen: AYE Motion carried 5-0 Item #2 ADJOURNMENT The meeting was adjourned by unanimous consent at 4:29 p.m. Date Approved: December 8, 2020 Maria Regan Gonzalez Mayor Kelly Wynn Katie Rodriguez Senior Office Assistant City Manager CALL TO ORDER The meeting was called to order by Mayor Maria Regan Gonzalez at 10:00 a.m. via WebEx. Council Members Maria Regan Gonzalez, Mayor; Ben Whalen; Mary Supple; Edwina Garcia; and Present: Simon Trautmann Council Members Mary Supple; and Edwina Garcia Absent: Staff Present: Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Amy Markle, Recreation Service Director; Rachel Lindholm, Sustainability Specialist; Blanca Martinez Gavina, Executive Analyst; and Kelly Wynn, Senior Office Assistant Others Present: Sean Hayford Oleary, Council Member Elect; Bev Mathiasen, Republic Services; Drew Boyer, Republic Services; Matt Herman, Randy’s Sanitation; Rocci Berrni, Curbside Waste, Inc.; Julie Ketchum, Waste Management; Kane Manke, Waste Management; Micah Hamstra, Waste Management; Jason Hartman, Waste Management; Derek Holmen, Aspen Waste Systems; Thor Nelson, Aspen Waste Systems Item #1 MINNESOTA STATE STATUTE 115.94 SETS OUT A PROCESS FOR CITIES TO CONSIDER AND IMPLEMENT ORGANIZED COLLECTION. THE FIRST STEP IN THE PROCESS IS TO MEET WITH THE CITY’S RESIDENTIAL HAULERS. CITY COUNCIL AND STAFF WILL PROVIDE THEIR GOALS AND PRIORITIES IN ORGANIZING COLLECTION AND RESIDENTIAL HAULERS CAN PROVIDE THEIR FEEDBACK IN PREPARATION FOR FUTURE CONTRACT NEGOTIATIONS. Mayor Regan Gonzalez gave an overview of the history behind the decision to organize waste collection including developing a Sustainability Commission and adopting a Climate Action Plan among other things. The city has a strong interest in reducing the city’s carbon footprint and becoming more green. City Manager Rodriguez explained the intent of the meeting, a staff presentation, Council remarks followed by group discussion. She then asked Council Members, staff and haulers to introduce themselves. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special Council Meeting Virtual Meeting held via WebEx November 23, 2020 Council Meeting Minutes -2- November 23, 2020 Director Markle shared a presentation that reviewed guiding principles and plans; economic reasons; environmental reasons; and social and education impacts. Sustainability Specialist Lindholm spoke about the ‘must achieve’ priorities for Richfield for switching to organized hauling. She then stated the ‘would like to achieve’ priorities for the city followed by a brief overview of next steps. Mayor Regan Gonzalez thanked staff for the presentation and stated Council Members will be giving their perspectives and what they have heard from residents regarding organized hauling. Council Member Whalen spoke of when he initially ran for Council, organized collection was a priority of residents for a desire of reduction in the number of trucks for safety and noise. He spoke of the uncertainty in pricing and how his current hauler recently called him and wanted to increase his bill roughly $40. He believes this will give new residents peace of mind in setting up hauling instead of forcing them to shop around along with finding organics drop off. He spoke of how price is a priority for residents. He also stated the billing process and having it included on a utility bill or working directly with provided hauler. The transition period is also important regarding bin replacement. He also prioritized customer service options without having to threaten a company to terminate service in order to get things done or price reduction. He spoke of how he is also not interested in a one size fits all but giving residents the options of cart size and pick up options along with the possibility of bulky item pick up. Council Member Trautmann echoed most comments from Council Member Whalen. He stated this is a direction the community is dedicated to moving forward with organized hauling. He stated concerns are limited communication, loss of services or choices and loss of engagement. Council Member Elect Hayford Oleary stated residents are becoming much more aware of the number of trucks running during waste pick up with more people working from home and the inconveniences they pose. He stated how residents will be relying on the city to go to bat for residents but having a point of contact to discuss issues. He has heard a desire for large item pick up one or twice a year and incorporating a cost over the 12 months or a one-time purchase; organics pick up; variety of cart size with appropriate pricing; yard waste option but not necessarily essential and affordability. He also stated he would like to see a path for organics and recycling for multi-family. Mayor Regan Gonzalez wanted to focus that at the end of the day; the city will be producing less waste and reducing its carbon foot print. She believes the city has a strong community base that is very consciences of sustainability. She expressed to the haulers in attendance that Richfield is a small city that is nimble and adaptable to do what works best for everybody. She would like to find a way to provide quality services without jeopardizing customer service or price. City Manager Rodriguez stated the city has somewhat of a road map with state statute and viewing other cities during this same process but some have been quite bumpy and Richfield is looking for a more smooth method. Sustainability Specialist Lindholm spoke of how the city will be involving the community and how residents will be supplying feedback. Staff will be doing ‘listening and learning sessions’ with the community as these engagements will need to be virtual due to the pandemic circumstances. The city would like to be as transparent as possible with residents during the entirety of the process. She stated there has been great communication so far with licensed haulers within Richfield and it has been greatly appreciated and hopes it will continue. Council Meeting Minutes -3- November 23, 2020 Rocci Berrni asked what kind of plans the city has associated with multi-family dwellings. Sustainability Specialist Lindholm explained incorporating multi-family housing is a future goal that will have a tiered approach starting with recycling. The city is not currently looking at organized collection with multi-family housing, only residential. Bev Mathiasen expressed her excitement to take part in this process and hears that customer services and accessibility are important. She then asked what languages education and communication materials need to be translated. Sustainability Specialist Lindholm explained she would need to look more in depth of the demographics to provide specifics. City Manager Rodriguez stated there is a strong demand for Spanish and there is also a growing need for Somali. . Mayor Regan Gonzalez commented on the 2010 Census that listed Richfield having 17% Latino but the current school district is 40% Spanish speaking students. Richfield is also the second largest Tibetan refugee community. Micah Hamstra asked about single entity structures some other cities have inquired about in the past. City Attorney Tietjen explained it will be a city preference and will be in discussion with negotiations going forward. City Manager Rodriguez stated staff has been speaking with other cities to gain their perspectives but Richfield is open to ideas and would like to find a creative approach. Julie Ketchum stated her involvement in other organized collection processes and how having fewer haulers generally works very well. She recommended Richfield have discussions with other cities who do not have consortium to see what their experience has been. Council Member Trautmann asked if any haulers had examples of cities that had cohesive collaboration when moving to collective hauling. Julie Ketchum stated St. Anthony was a very easily negotiated process. Micha Hamstra spoke of how he has heard from haulers associated with Bloomington that there are complaints about the spring clean-up. Council Member Whalen would like to hear from haulers if large item pick up is a logistical nightmare because Richfield residents have shown interest in wanting that service. Bev Mathiasen explained how curbside clean-up is much more complicated for haulers and there is also an issue with illegal dumping. She stated drop off event works better and is more cost effective and efficient. Sustainability Specialist Lindholm added the Climate Action Plan noted the idea of a drop off style event as a future goal. Council Meeting Minutes -4- November 23, 2020 Thor Nelson asked if the city will be engaging with a third party consultant. City Manager Rodriguez stated the city is hopeful to engage in discussion and negotiations without a third party consultant. Sustainability Specialist Lindholm added how staff has done a tremendous amount of research to see how other cities have navigated the process in hopes to avoid brining in a third party consultant. The city is hoping to find the best possible route for the city and its residents. Micah Hamstra asked about residents sharing carts and how logistically that would impact hauler market share. Sustainability Specialist Lindholm explained that is something that will need to be discussed during negotiations as city code does currently allow cart sharing. Rocci Berrni asked about single stream recycling and if the city would like every week or every other week. Sustainability Specialist Lindholm stated pricing would determine how that decision is made. There has been some resident interest of collection every week but pricing is a priority. She also asked haulers to reach out to herself or staff if there are any documents or information that would be helpful to them to have from the city to assist in the negotiation process. Julie Ketchum asked if there had been any recent discussion with Hennepin County regarding organics availability and limits in facilities. Sustainability Specialist Lindholm spoke of no recent conversations but will reach out to see if anything new is happening with the facilities. However, the county is aware of a number of cities coming online to include or increase organics collection. Julie Ketchum explained how they currently do a direct haul to SAT and are doing everything possible to reduce contamination. She then asked if Richfield is looking at an opt-in versus mandatory option to help reduce the amount. Sustainability Specialist Lindholm spoke of how a more mandatory program, makes it more financially viable for residents to participate. Richfield has had a very high participation and incredibly low contamination with the current drop off option. She stated how education for the organics drop off has been going very well in the city. Micah Hamstra stated how St. Paul bought new carts and imposed an administrative fee on utility bill and Bloomington supplies their own carts. He asked if the city has thought about buying carts. Director Markle indicated the city is not currently looking at buying carts and would look to the haulers to supply carts for residents. Julie Ketchum asked if the hauler would need to buy new carts then or if they could distribute what they currently have in inventory. Sustainability Specialist Lindholm stated the city would not require a hauler to purchase new carts. Council Meeting Minutes -5- November 23, 2020 City Manager Rodriguez asked haulers to send any questions or concerns to Rachel so the city can address them all during negotiations. Mayor Regan Gonzalez thanked everyone for their time today. She reminded everyone to reach out to staff if there are any more questions or concerns. Item #2 ADJOURNMENT The meeting was adjourned by unanimous consent at 11:14 a.m. Date Approved: December 8, 2020 Maria Regan Gonzalez Mayor Kelly Wynn Katie Rodriguez Senior Office Assistant City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota City Council Work Session November 24, 2020 CALL TO ORDER The meeting was called to order by Mayor Regan Gonzalez at 5:45 p.m. virtually via WebEx. Council Members Maria Regan Gonzalez, Mayor; Ben Whalen; Mary Supple; Edwina Garcia; Present: and Simon Trautmann Staff Present: Katie Rodriguez, City Manager; Amy Markle, Recreation Services Director; Jay Henthorne, Public Safety Director; Jennifer Anderson, Health Administrator; John Stark, Community Development Director; Melissa Poehlman, Assistant Community Development Director; Pam Dmytrenko, Assistant City Manager; Mike Dobesh, Assistant Fire Chief; Blanca Martinez Gavina, Executive Analyst; and Kelly Wynn, Senior Office Assistant. HRA Present: Erin Vrieze Daniels; Pat Elliot; and Sue Sandahl Planning Brett Stursa; Kathryn Quam; Peter Lavin; Sean Hayford Oleary; Susan Commission Present: Rosenberg; Others Present: Glen McCluskey, Co-Counsel Post 435 Attorney; Peter Coyle, Co-Counsel Post 435 Attorney; Diane Miller, Post 435 Controller; Adam Seamans, Post 435 Commander; Nick Kelley, PhD, City of Bloomington Acting Public Health Administrator Item #1 DISCUSS A PLANNING STUDY THAT WOULD EXAMINE LAND USE REGULATIONS APPLICABLE TO PROPERTIES ALONG PORTLAND AVENUE AND 66TH STREET IN THE AREA SURROUNDING VETERAN'S PARK. City Manager Rodriguez introduced the item along with city’s recommendation of a nine month moratorium to develop a plan for the land where the American Legion is placed since it is such an important location. The city will be looking at the feasibility of possibly purchasing the land or partnering with a developer to include community space. Commander Seamans gave a history of the American Legion Post 435 since its inauguration in 1957. He spoke of working with the city to keep Post 435 in Richfield, along with its 1,000 members. He described the steps the Post has taken since the beginning of 2019 to improve the stability and financials including a legal team and full time Controller. The Post realizes the most valuable asset is the land and building they own. The Post will need to sell these assets to generate the revenue needed to move forward. The funds will be used to ensure all Post bills are paid, retiring old debt and securing the future of the Post and its members. The Post would like to continue to have a physical presence on the property even after sale and would like to continue to work with the city to make this happen. The Post knows this will be a lengthy process but are dedicated to continue to Council Work Session Minutes -2- November 24, 2020 serve its members along with the community. The Post is opposed to any kind of moratorium as it will hinder the sale of the property. Commissioner Hayford Oleary asked for clarification as he thought the Post would sell the current property and move to another location but some of the language stated tonight states the Post would like to stay on the current property in some capacity. Commander Seamans stated the Post would like to stay at the current location in some capacity and the team would work with either the city or new developer to develop what that would look like. Commissioner Elliot asked Commander Seamans when the city first contacted him about the desire of placing a moratorium on the property. Commander Seamans stated that today was the first time he had heard of the moratorium. Glen McClusky confirmed that today was the first time the legal team had heard of the idea of a moratorium and why. Commissioner Elliot then asked how many conversations have been had between the Post and the city up to today’s date. Glen McClusky stated he has had two meetings but others may have had more. Commissioner Elliot explained the first notice of the moratorium he received was a few days ago when he received the agenda. It included a plan for a six month moratorium which has now been suggested for nine months. He expressed concern for the position of the Post and the sale of their property. Glen McClusky confirmed a moratorium of any kind would put the Post in a poor position and it is something they would not like to see happen. Peter Coyle stated the concern as it will slow down any kind of process and will most likely will cause the Post to lose all of 2021 before anything were to happen. Commissioner Elliot asked city staff why the members of the Post where not notified until today of the possibility of a moratorium. Mayor Regan Gonzalez stated staff does have a presentation and would like to allow them to present and answer questions. Director Stark explained the Post approached the city around April this year about the possibility of selling its property. The city then referred to its Comprehensive Plan which was adopted in 2018 and shows this land as multi-family housing. This was discussed with the Post as the property was desired by both policy makers and residents to become multi-family housing. Director Stark further explained that community members expressed their desire for community space. The city would like to see the overlap of multi-family housing, community space and space of the Post. He then gave some examples of concerns regarding visibility and wildlife. Staff has had multiple conversations with the Post to ‘pause’ their process so the city can develop a better and more inclusive plan for the property. The reason for the moratorium would be to develop standards for what could be developed on the property. Mayor Regan Gonzalez asked for clarification as to what is up for discussion tonight is that of the moratorium itself and not the actual small area plan specifics. Director Stark confirmed. Council Work Session Minutes -3- November 24, 2020 Council Member Supple expressed the importance of supplying public amenities whether it is a community center or something else but would like to look at the financial options to explore this once in a lifetime opportunity. Commissioner Hayford Oleary supported the moratorium but would like to see it is as short as possible so as to not continue to hinder the Post and the sale of the property. He also echoed Council Member Supple’s comments of supplying some sort of public amenities. City Manager Rodriguez explained the need to bring the financials to the Council if the purchase of the land is feasible. This can be a lengthy and in-depth process so there is concern with getting it done in six months. The process would also include public engagement. Director Stark added the public engagement piece is more difficult due to the pandemic and will also take more time to conduct. He also spoke to the language of the moratorium where it can be lifted early or modified at the Council’s discretion. Commissioner Elliot believes the moratorium is very one sided to the city and not the survival of the Post. He would like to see more consideration for the Post as a huge asset to the community and putting a six or nine month moratorium could very easily turn into twelve or eighteen months and would put another hindranceon the Post. Commissioner Lavin wondered why serious discussions had been taking place sooner as the Post building has been dark for months. Commissioner Vrieze Daniels asked for clarification on what the moratorium prevents the Post from doing with the property. Assistant Director Poehlman explained the moratorium prevents the request for permits. The property could be listed and sell but realistically, no one would buy until the moratorium is lifted due to uncertainty of building specifics. Commissioner Sandahl supported Council Member Supple’s comments as this is a once in a lifetime opportunity and if the city needs the additional time, it should take the time. She believes residents would be very upset to allow something to go on the property that does not compliment Veteran’s Park and the current surrounding amenities. City Manager Rodriguez clarified the Post needed to go through a process with their members to moveforward which took time and needed to happen before staff could bring the idea to Council for discussion. Commissioner Quam asked if the Post would have a legal relationship to decide what would become of the property if sold to the city. Commander Seamans specified the Post would partner with the city and/or developers chosen to make sure the needs of the Post are met along with the needs of the city. However, a moratorium would prevent the Post from being nimble enough to make that process happen in that it would take too long. Commissioner Quam believes if the city is suggesting a $35,000 study, it must be very important and supports the necessary steps needed to take place. City Attorney Tietjen explained the moratorium will not prevent the Post from continuing with a planning process or working collaboratively with the city during the planning study. However, it protects the planning process and having to act on any applications that may come forward. Council Work Session Minutes -4- November 24, 2020 Council Member Trautmann thanked the Post and staff as this is a once in a lifetime opportunity. The city is in a unique place to recognize the value of the Post in the community as well as jointly invest in a chance to make the community better. Post Controller Diane Miller reminded Council the reason the Post is selling the property is due to the significant financial situation they are in currently. Any moratorium will not pay property taxes or bills and will put even more significant financial burden on the Post. She also reiterated the Post supports not only the 200 Richfield residents that are members but 800 others from the area along with providing community involvement. Council Member Whalen appreciated hearing from the Post and the urgency for a decision. He believes it is important to explore the first step of this process. He asked if the city would have a decision in January to provide the Post with an answer if the city would be a buyer or partner. He also asked about the potential of having a buyer and plan lined up at the end of the moratorium or if that process would need to start after the moratorium is lifted. Director Stark stated in an ideal situation, the Post would see where the city is going with some design standards, work with a buyer and develop a plan. However, a moratorium does scare off potential buyers so it may take time after the moratorium is lifted to retain a buyer and/or developer. Council Member Garcia reiterated this is a once in a life time opportunity and how important it is to retain the image of Veteran’s Park. She believes there needs to be a great amount of community input and there are many options to explore. She also offered some options of possible partnerships the city should explore. Mayor Regan Gonzalez thanked everyone for their thoughtful comments and discussion on this extremely important topic. Item #2 RICHFIELD COVID-19 UPDATE FROM JENNIFER ANDERSON, COMMUNITY HEALTH SERVICES ADMINISTRATOR, NICK KELLEY, PHD., CITY OF BLOOMINGTON ACTING PUBLIC HEALTH ADMINISTRATOR AND PUBLIC SAFETY DIRECTOR/EMERGENCY MANAGER JAY HENTHORNE. Health Administrator Kelley presented some slides of the current situation in the community regarding COVID. He spoke of the spike in cases due to concentrated areas of multi-family housing and a high number of essential workers. He also spoke of the drastic increase in cases within the BIPOC community, specifically Hispanic. Residents are facing the difficulties of no paid sick leave and still needing to provide for their families. Council Member Whalen asked what the city should do to help its community. Beyond posting recommendations and guidelines, what should the city do? Health Administrator Kelley stated continuing to spread the word and stories with the public. Most people will not change their ways unless they themselves are affected by the virus. Keeping pressure on the State and Federal entities to keep paid sick leave and other standards in check will help in altering the current state and help assist residents. Council Member Trautmann asked if the city can help in other ways to assist in surging resources in in areas of congregate living where the cases are higher. Health Administrator Kelley stated how daily communications are being tailored and driven to certain areas. People just need to understand how dangerous this virus can be and certain venues are closed for a reason and shouldn’t be replaced with backyard or house gatherings. Council Work Session Minutes -5- November 24, 2020 Council Member Supple asked if there is a long term plan to facilitate a vaccine when it becomes available. Health Administrator Kelley stated plans and guidance are actively being made to vaccinate Richfield residents. Currently it will be administered to first responders and medical staff then distributed to high risk populations followed by the general public. Hopefully there will be a better timeline after mid-December. Mayor Regan Gonzalez asked about the coordination between the local, county and state health departments and maximizing all efforts. Health Administrator Kelley stated the ability to work handin-hand with all entities. They work very closely with county and state providers so as to not overlap efforts and have specifically assigned lanes. Health Administrator Anderson spoke of one of the biggest challenges the city has faced is the communication to the community but one in which the city is succeeding at more and more every day. She then spoke of local organizations for the Richfield BIPOC residents and how they are helping the community. Mayor Regan Gonzalez thanked all staff and community partners for their efforts. ADJOURNMENT The work session was adjourned by unanimous consent at 6:58pm Date Approved: December 8, 2020 Maria Regan Gonzalez Mayor Kelly Wynn Katie Rodriguez Senior Office Assistant City Manager CALL TO ORDER The meeting was called to order by Mayor Maria Regan Gonzalez at 7:00 p.m. via WebEx. Council Members Maria Regan Gonzalez, Mayor; Ben Whalen; Mary Supple; Edwina Garcia; and Present: Simon Trautmann Staff Present: Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; John Stark, Community Development Director; Melissa Poehlman, Assistant Community Development Director; Amy Markle, Recreation Service Director; Rachel Lindholm, Sustainability Specialist; Chris Regis, Finance Director; Jay Henthorne, Public Safety Director; Jane Skov, IT Manager; Blanca Martinez Gavina, Executive Analyst; and Kelly Wynn, Senior Office Assistant Others Present: Mary Stratton, President Civil Service Commission; Marty Kirsch, Chair Friendship Commission; Mia Simpson, Co-chair Arts Commission; and Joyce Marrie, Co-chair Arts Commission; Rebecca Kurtz, Ehlers; Brian Bochman, Principal with Enclave Companies PLEDGE OF ALLEGIANCE Mayor Regan Gonzalez led the Pledge of Allegiance OPEN FORUM Senior Office Assistant Wynn reviewed the options to participate: • Participate live by calling 612-861-0651 during the open forum portion • Call prior to meeting 612-861-9711 • Email prior to meeting kwynn@richfielmn.gov Senior Office Assistant Wynn stated there were no comments for the open forum. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting Virtual Meeting held via WebEx November 24, 2020 Council Meeting Minutes -2- November 24, 2020 APPROVAL OF MINUTES M/Supple, S/Whalen to approve the minutes of the (1) City Council Work Session of November 10, 2020; and (2) City Council Meeting of November 10, 2020. Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Garcia: AYE Whalen: AYE Motion carried 5-0 Item #1 PRESENTATION OF THE CIVIL SERVICE COMMISSION ANNUAL REPORT President Stratton provided an overview of the Civil Service commission and how they serve the Richfield Fire Department and community. She spoke of the unprecedented challenges of the pandemic and health concerns of Fire Chief Kewitsch. The commission was able to hire a new position of Battalion Chief, promoted Captains and Lieutenants and hired on new firefighters. She then thanked Council Member Garcia on her service and gave well wishes on her retirement Council Member Garcia expressed her appreciation for the work the Civil Service does and how they are able to incorporate feedback from all firefighters to make the organization better. Council Member Supple thanked the commissioners as they work quietly behind the scenes and do a fabulous job working with the fire department. Mayor Regan Gonzalez thanked President Stratton for her leadership and for all the Civil Service does for the fire department and community. She welcomed Battalion Chief Wood in her position and thanked Assistant Chief Mike Dobesh for stepping in during Fire Chief Kewitsch’s absence. She also expressed gratitude to all the firefighters for everything they do for the residents of Richfield every day. Item #2 PRESENTATION OF THE FRIENDSHIP COMMISSION ANNUAL REPORT Chair Kirsch presented the annual report of the Friendship Commission Council Member Garcia asked how many times Chair Kirsch has been to Costa Rica to visit the sister city of Heredia. Chair Kirsch stated six times and would like to continue to make the trip. Council Meeting Minutes -3- November 24, 2020 Council Member Garcia stated how much she appreciates the commission and hopes to go back someday. Mayor Regan Gonzalez stated she would love to make a trip to Costa Rica as well and visit with the local community there. She also asked about the possibility of pen pals. Chair Kirsch stated how the school years are different so it is difficult to create pen pals. He spoke of how the commission hopes to have a group from Heredia come visit Richfield as well in the future. Item #3 PRESENTATION OF THE ARTS COMMISSION ANNUAL REPORT Co-Chair Marrie gave an overview of what the Richfield Arts Commission does for the community. Co-Chair Simpson spoke of the commissions various projects including the 2020 poetry contest, Little Library at the Bandshell, City Hall and Community Center art displays, public art support and many more. Co-Chair Marrie spoke of the challenges of the pandemic but the commission was still able to complete many projects. She thanked the commission members along with staff for thier work and assistance. Council Member Supple thanked the commission for their efforts and going above and beyond to promote art within Richfield. Council Member Garcia thanked Co-Chair Marrie for her service, contributions and leadership. Council Member Trautmann expressed appreciation for the value of the work the commission has been able to accomplish and for the service of Co-Chair Marrie. Co-Chair Marrie thanked the Council along with the commission for all their support. Mayor Regan Gonzalez expressed gratitude for the commission and all their contributions to the community. She encouraged residents to support the Crossroads Panorama here in Richfield. She then shared some ideas for the commission to connect with the community to promote arts within Richfield. Item #4 APPROVAL OF THE AGENDA M/Trautmann, S/Whalen to approve the agenda Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Council Meeting Minutes -4- November 24, 2020 Garcia: AYE Whalen: AYE Motion carried 5-0 Item #5 CONSENT CALENDAR City Manager Rodriguez presented the consent calendar. A. Continue a public hearing and consider the approval of a resolution regarding the modification of the Redevelopment Plan for the Richfield Redevelopment Project Area, the establishment of the 2020-2 Tax Increment Financing District: Emi (a redevelopment tax increment financing district), and the proposed adoption of a Tax Increment Financing Plan. Staff Report No. 148 M/Garcia, S/Supple to approve the consent calendar. Council Member Supple asked for clarification that everything listed will be continued to a future meeting. Assistant Director Poehlman confirmed that is correct. Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Garcia: AYE Whalen: AYE Motion carried 5-0 Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None Item #7 PUBLIC HEARING TO CONSIDER APPROVAL OF A MODIFICATION TO THE REDEVELOPMENT PLAN AND APPROVAL OF A TAX INCREMENT FINANCING PLAN FOR THE 2020-3 TAX INCREMENT FINANCE DISTRICT: LYNK 65. STAFF REPORT NO. 149 Council Member Supple read staff report 149. Council Meeting Minutes -5- November 24, 2020 Assistant Wynn reminded residents how to participate during public hearings and can call 612- 861-0651 for live commenting. Assistant Director Poehlman gave an overview of the staff report. Rebecca Kurtz expanded on the analysis done. Ehlers, staff and developer worked together to fill the gap and provide more affordable units. Council Member Supple opened the public hearing. Assistant Wynn stated there were no callers for the public hearing. Council Member Supple asked the developer to share how they were able to assist the current tenants at this location. Brian Bochman spoke of a gathering three months ago with all the current tenants to explain the process and next steps along with exchanging information. Information was supplied regarding leasing costs and if tenants needed relocation material. Director Stark explained that in March the EDA considered a displaced business grant fund. However, this was put on hold due to COVID. The hope is to bring it back in December or January. Brian Bochman stated all the basement tenants are gone due to the economic down turn due to COVID. M/Supple, S/Whalen to close the public hearing. Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: ABSTAIN Garcia: AYE Whalen: AYE Motion carried 4-0 with 1 abstain from Council Member Trautmann .Council Member Whalen commented on how he first opposed this project. He expressed appreciation of the developer working with the current tenants and deep gratitude for the creativity in making the affordable units possible that included two bedroom housing. He plans to support this item but believes more work has to be done to develop more affordable housing within the TIF district in the future. Director Stark spoke of an example in this project is the amount of return the developer should be achieving. That amount changes all the time and staff works with Ehlers to find that amount. He explained how the HRA actually has more money to spend and staff will be working on a plan to put that money into future projects. Rebecca Kurtz added one of the challenges with TIF is a timing issue of when the increment will come in which can hopefully be improved in the future. Council Meeting Minutes -6- November 24, 2020 Council Member Supple also appreciated the addition of two bedroom units as they are a great need for Richfield residents. Mayor Regan Gonzalez echoed comments of appreciation on inclusion of two bedroom units and looks forward to developing more deeply affordable units. She then asked the developer to include staff and Council on the email chain with current tenants to keep up to date on changes. Brian Bochman confirmed there would be no problem to include staff and Council on plans of the process and next steps. Tenants expressed the possibility to start the project after April to provide ample time to relocate if necessary. He then spoke of the constant communication they will be having with current tenants. Mayor Regan Gonzalez asked about reducing miscommunication and misunderstandings with current tenants and being able to assist in relocation. Assistant Director Poehlman spoke of the newsletter that had been provided during the Chamberlain project and staff would be happy to help facilitate the same kind of communication with this project. Brian Bochman explained their project managers have done the same type of communication on previous projects and would happy to do the same on this project. Mayor Regan Gonzalez asked that the tenants are provided information about relocation and the resources that are available to them. Brian Bochman asked how they would like the communication whether it is a hand out or separate meeting to provide the information. M/Supple, S/Garcia to adopt a resolution approving a modification to the Redevelopment Plan for the Richfield Redevelopment Project; and approving a Tax Increment Financing Plan for the 2020-3 Tax Increment Finance District: Lynk 65. RESOLUTION NO. 11793 RESOLUTION APPROVING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT; AND APPROVING A TAX INCREMENT FINANCING PLAN FOR THE 2020-3 TAX INCREMENT FINANCING DISTRICT: LYNK 65 Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: ABSTAIN Garcia: AYE Whalen: AYE Motion carried 4-0 and 1 abstain from Council Member Trautmann Council Meeting Minutes -7- November 24, 2020 Item #8 CONSIDER A RESOLUTION AND A FIRST READING OF AN ORDINANCE ESTABLISHING A SIX-MONTH MORATORIUM ON THE DEVELOPMENT OF CERTAIN PROPERTIES IN THE VICINITY OF VETERAN'S PARK. THE MORATORIUM WOULD APPLY TO PROPERTIES THAT ARE GUIDED FOR MEDIUM AND HIGH DENSITY RESIDENTIAL OR COMMERCIAL USE IN THE 2040 RICHFIELD COMPREHENSIVE PLAN. STAFF REPORT NO. 150 Council Member Whalen presented staff report 150 with recommendation to extend to a nine- month moratorium instead of six-months. Director Stark explained why staff is recommending an additional three months in that additional analysis needs to be done to define what community space might look like and what financial obligations the city could have for the space. He reminded everyone the moratorium can be lifted early or altered at any time by Council. Mayor Regan Gonzalez clarified this is a first reading to have a robust discussion on the very important piece of property. The following meeting will contain a public hearing and second reading. Council Member Garcia asked if the developers have worked with anyone to develop a practical idea. Director Stark stated Ehlers Associates will be assisting in identifying funding sources. City Manager Rodriguez spoke of staff working with Ehlers to see if buying the property or partnering with a developer is a feasible option for the city. Council Member Garcia asked if Director Regis will be a part of discussions with Ehlers. City Manager Rodriguez confirmed she spoke with Director Regis and he will be brought into discussions on the feasibility of the project. Council Member Garcia spoke of what an institution Veteran’s Park is to the community of Richfield. She would like to see an organization that will work with the city to preserve the area and the American Legion Post 435. Mayor Regan Gonzalez asked for clarification on the item for voting tonight which will be on the moratorium. Assistant Director Poehlman explained the need to adopt a resolution inclusive of a moratorium so as to not receive any building applications between the first and second readings. City Attorney Tietjen confirmed this is a necessary step. Council Member Supple thanked Post 435 for their presentation at the work session. She then asked staff about the boundaries of the area. Assistant Director Poehlman explained the boundaries are extended as the area is slotted for high density and the homes included in the boundaries are vacant and owned by the HRA. Council Meeting Minutes -8- November 24, 2020 Council Member Supple would like the city to consider things carefully to be financially prudent but would like to see it done expeditiously as to not put more burdens on Post 435. Director Markle spoke of the unique opportunity of this area and that time is needed to see what should be developed. Veteran’s Park is very important to many residents and needs to be aesthetically tailored to the existing surroundings. Council Member Trautmann expressed appreciation of discussion around this area. He supported comments from Director Markle. He then asked about the zoning of the area. Director Stark spoke of the degree of what will happen but it is currently zoned for housing so it may need to be re-zoned depending on the findings. Council Member Trautmann asked if zoning or developing and financial analysis could be done simultaneously. City Manager Rodriguez explained the Post 435 needed to go through the process with their members before bringing any discussion to Council. She realizes this is going to take longer than the Post 435 would like but the process needs to take place. She believes this will be a two-step process where the first step will be to see if it is financially feasible and second step will be planning. Council Member Whalen agreed this is an important process and should be conducive to what already exists within the park. He echoed the comments of having this done as quickly as possible but would also like it done correctly. He asked about the possibility to provide answers of city involvement after the financial findings are presented to Post 435. He would like see a plan that serves Post 435 and the community needs. Mayor Regan Gonzalez asked about member involvement from Post 435 and if they are still in a process. City manager Rodriguez stated to her knowledge, the members have voted to sell the property but engagement regarding their presence on the property in the future is ongoing. Mayor Regan Gonzalez spoke of the balancing act of doing what is right for the community and Post 435. She reiterated the value of the land and once in a lifetime opportunity. She does not wish to stunt the growth and involvement Post 435 has in the community. Community engagement will be a high priority in this process. Council Member Supple asked about community engagement going forward and the public hearing in the next meeting. Assistant Director Poehlman defined the public hearing will be specifically on the moratorium and not any kind of development plan. In regards to community engagement, that will take place later in the process as to not provide options that may not be financially feasible. Director Markle added there has been some desire for a community center gathered from the parks master plan a few years ago. M/Whalen, S/Garcia to adopt the attached resolution and conduct a first reading of the attached ordinance establishing a six-month moratorium on the development of properties in the vicinity of Veteran's Park that are guided for Medium or High Density Residential, or Commercial use in the 2040 Council Meeting Minutes -9- November 24, 2020 Comprehensive Plan, and schedule a public hearing and second reading of the attached ordinance for December 8, 2020 with the amendment to change to a nine-month moratorium. RESOLUTION NO. 11794 RESOLUTION ESTABLISHING A NINE-MONTH MORATORIUM ON THE DEVELOPMENT OF CERTAIN PROPERTIES IN THE VINICITY OF VETERANS MEMORIAL PARK THAT ARE GUIDED FOR MEDIUM DENSITY RESIDENTIAL, HIGH DENSITY RESIDENTIAL, OR COMMUNITY COMMERCIAL USE IN THE 2040 RICHFIELD COMPREHENSIVE PLAN, AND DIRECTING THAT A PLANNING STUDY BE CONDUCTED Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Garcia: AYE Whalen: AYE Motion carried 5-0 Item #9 CITY MANAGER REPORT City Manager Rodriguez provided an overview of the Bloomington Public Health presentation during the work session provided by Nick Kelley, PhD., Acting City of Bloomington Public Health Administrator regarding COVID. Council Member Supple expressed her thankfulness for the information provided at the work session. She commented on some of the key things driving the spread was the need for people to go to work to support their families due to not having paid sick leave. She is hopeful that is something that can be changed in the future so families do not have to make the choice. Council Member Whalen commented on the new application for smartphones ‘CovidAwareMN’ that will anonymously and privately track what phones you have had close contact with in assistance with contact tracing when it comes to the spread of COVID. Council Member Garcia expressed appreciation for staff to work together in keeping residents apprised to the virus and what is happening within the city. Council Member Trautmann thanked staff for their efforts regarding the pandemic and pivoting so quickly during this time. Item #10 CLAIMS AND PAYROLL M/Garcia, S/Trautmann that the following claims and payrolls be approved: Council Meeting Minutes -10- November 24, 2020 U.S. Bank 11/24/2020 A/P Checks 291318 - 292709 $ 1,394,545.59 Payroll: 158076 - 158376 666,336.46 TOTAL $ 2,060,882.05 Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Garcia: AYE Whalen: AYE Motion carried 5-0 Item #10 HATS OFF TO HOMETOWN HITS Council Member Garcia congratulated Jenell Wood as the new Battalion Chief. She also gave accolades to Director Kristin Asher on all the wonderful work she has done. She has been doing an outstanding job. She also appreciates it when she sends her staff to certain commissions to keep them up to speed when something happens within the city. She then thanked Mayor Regan Gonzalez for her leadership and involvement in the community. Council Member Trautmann congratulated a resident, Carol Schroeder, on her poem that is along 66th Street and read the poem. He appreciates how the city has provided the opportunity to create such beautiful works of art throughout the community every day. Council Member Whalen commented on discussions moving toward organized collection and encouraged residents to reach out to Council and staff if they have questions or concerns. He also wished everyone a Happy Thanksgiving and encouraged residents to be safe and stay home if it is an option. Council Member Supple echoed comments on congratulating Director Asher being recognized by her colleagues. She also thanked everyone involved in keeping the community safe and moving forward through this pandemic. She then encouraged residents to apply for commission as applications will be opening December 1st. There are so many opportunities for residents to serve their community. Mayor Regan Gonzalez thanked the whole community for the amount of acts of kinds and courage that have been displayed during these times. She appreciates all the hard work residents, staff, students, teachers, front line workers, first responders and many more for pulling together. She then wished a Happy Thanksgiving to all and hopes everyone will make choices to stay safe. Item #11 ADJOURNMENT Council Meeting Minutes -11- November 24, 2020 The meeting was adjourned by unanimous consent at 9:15 p.m. Date Approved: December 8, 2020 Maria Regan Gonzalez Mayor Kelly Wynn Katie Rodriguez Senior Office Assistant City Manager AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.A. STAFF REPORT NO. 152 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: J ay Henthorne, P ublic S afety D irector/C hief of P olice D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, P ublic S afety D irector/C hief of P olice 11/18/2020 O TH E R D E PA RTM E NT RE V IE W: C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 12/1/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider a resolution regarding a Co-operative Agreement and Addendum to continue membership in the Hennepin C ounty Violent Offender Task Force. E X E C UT IV E S UM M ARY: I n 2007, the Hennepin C ounty Sheriff’s Department c reated the Hennepin County Violent Offender Task Force (V OTF). The VOTF foc uses their enforc ement on repeat violent offenders, gangs and narcotic ac tivity. V OTF also serves as a criminal intelligence gathering resourc e for law enforcement. Current V OTF agencies include the Hennepin County Sheriff’s D epartment, the Hennepin C ounty Attorney ’s Office (HC A O), the Drug E nforc ement Administration (D E A) and the Polic e Departments for the C ities of: Brookly n Park, B rookly n Center, Golden Valley and Ric hfield. The V OTF operates under a Co-operative Agreement and is under the direction of a c ommander who reports to an Advisory B oard comprised of the chief law enforc ement officers (or their designees) of the participating agencies. All participating offic ers remain employ ees of the c ontributing agency. Co-operative Agreements have been created for the task forc e, and they address c ommon issues including, but not limited to: purpose, scope of work, work location, command structure, terms of partic ipation, designation and duties of a fiscal agent and use of forfeited assets. The Ric hfield Polic e Department has had an officer assigned to V OTF since September 2009. RE C O M M E ND E D AC T IO N: By Motion: Approve the attached resolution and addendum authorizing the City of R ichfield Police Department to renew the C o-operative Agreement to continue membership in the Hennepin County Violent Offender Task Force. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT The Richfield P olice D epartment has had an offic er assigned to V OTF sinc e S eptember 2009. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Law enforc ement agenc ies are limited by resourc es and jurisdic tional boundaries. Multi-jurisdic tional task forces c ombine resourc es and eliminate those boundary restrictions. Richfield has benefited from having the resources of ten officers and five law enforcement agencies to collaborate with. C.C R IT IC AL T IMIN G ISSU E S: There are no Critic al Timing I ssues for this Resolution. D.F IN AN C IAL IMPAC T: Richfield Polic e Department is responsible for all funding of the officer assigned to V OTF. Richfield Polic e Department will receive $21,040 annually for participating in VOTF. These funds are from a grant V OTF rec eived from the Minnesota Department of Public Safety Gang and Drug Oversight Council. E.L E GAL C ON S ID E R AT ION : The Co-operative Agreement has previously been reviewed and approved by the Ric hfield City Attorney. ALT E R N AT IV E R E C O MME N D AT IO N(S): Counc il could disapprove of the resolution; however, this would mean that the Ric hfield Police Department would not be able to partic ipate in the multijurisdictional agreement and the benefits it provides. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type Resolution V O TF Resolution L etter V O TF C ontract C ontract/A greement RESOLUTION NO. RESOLUTION AUTHORIZING RESOLUTION AUTHORIZING RICHFIELD POLICE DEPARTMENT'S PARTICIPATION IN THE HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE WHEREAS, Hennepin County Sheriff’s Department is the agency responsible for the administration of the Violent Offender Task Force; and WHEREAS, the focus of the Violent Offender Task Force is combating repeat offenders, gangs and illegal narcotics; and, WHEREAS, criminal activity is cross jurisdictional and involves repeat offenders, gangs and illegal narcotics; and, WHEREAS, modern police tactics involve the use of multi-jurisdictional task forces to combat crime and share criminal intelligence; and, WHEREAS, THE HENNEPIN County Violent Offender Task Force has a proven track record in combating this type of criminal behavior; and, WHEREAS, the City of Richfield Police Department is responsible for the prevention of crime and the enforcement of laws; and, WHEREAS, the Hennepin County Sheriff’s Department has requested the Richfield Police Department to place an officer on the Violent Offender Task Force. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield enter into a Co-operative Agreement with the Hennepin County Violent Offender Task Force for placement of one Richfield Police Officer on said task force. Steve Devich, City Manager, is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the City of Richfield Police Department. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of December, 2020. Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk Contract No: A141147 Amendment: amendment # 2 Page 1 of 6 AMENDMENT NO. 2 TO AGREEMENT NO. A141147 (14-0352) HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE 2014 CO-OPERATIVE AGREEMENT This Amendment No. 2 to Agreement No. A141147 (14-0352) is between Hennepin County, on behalf of the Hennepin County Sheriff’s Office and the Hennepin County Attorney’s Office, the City of Richfield, the City of Brooklyn Center, the City of Brooklyn Park, and the City of Golden Valley (may be referred to herein as the “parties”). The parties agree that Agreement No. A141147 (14-0352), including any prior amendments, is amended as follows: 1. Pursuant to the provisions in Section 4.1 of the Agreement, the parties hereby agree to extend the term of this Agreement for an additional seven year term as indicated in the following: “4.1 The term of this Agreement shall be for fourteen years, commencing January 31, 2014 and terminating January 30, 2028, unless terminated earlier pursuant to the provisions of this Agreement.” Except as herein amended, the terms, conditions and provisions of Agreement No. A141147 (14- 0352), including any prior amendments, shall remain in full force and effect. (signatures continued on the following page) Contract No: A141147 Amendment: amendment # 2 Page 2 of 6 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT CITY OF GOLDEN VALLEY The Golden Valley City Council duly approved this Agreement on the ______ day of ______________, 2020. City of Golden Valley By: _________________________ Its Mayor And by: ______________________ Its City Manager Approved as to form and legality: ___________________________ Golden Valley City Attorney (signatures continued on the following page) Contract No: A141147 Amendment: amendment # 2 Page 3 of 6 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT CITY OF BROOKLYN PARK The Brooklyn Park City Council duly approved this Agreement on the ______ day of ______________, 2020. City of Brooklyn Park By: _________________________ Its Mayor And by: ______________________ Its City Manager Approved as to form and legality: ___________________________ Brooklyn Park City Attorney (signatures continued on the following page) Contract No: A141147 Amendment: amendment # 2 Page 4 of 6 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT CITY OF BROOKLYN CENTER The Brooklyn Center City Council duly approved this Agreement on the ______ day of ______________, 2020. City of Brooklyn Center By: _________________________ Its Mayor And by: ______________________ Its City Manager Approved as to form and legality: ___________________________ Brooklyn Center City Attorney (signatures continued on the following page) Contract No: A141147 Amendment: amendment # 2 Page 5 of 6 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT CITY OF RICHFIELD The Richfield City Council duly approved this Agreement on the ______ day of ______________, 2020. City of Richfield By: _________________________ Its Mayor And by: ______________________ Its City Manager Approved as to form and legality: ___________________________ Richfield City Attorney (signatures continued on the following page) Contract No: A141147 Amendment: amendment # 2 Page 6 of 6 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT Hennepin County Board Approval Task Force Members, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on behalf of the Hennepin County Sheriff’s Office and the Hennepin County Attorney’s Office on the _____ day of _____________, 2020 and pursuant to such approval, the proper County officials having signed this Agreement, the parties hereto agree to be bound by the provision herein set forth. County of Hennepin State of Minnesota Reviewed by County Attorney’s Office: _____________________________ Chair of its County Board ________________________ Assistant County Attorney And: __________________________ County Administrator And: _________________________ Hennepin County Sheriff/Chief Deputy Attest: ________________________ Deputy/Clerk of County Board AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.B. STAFF REPORT NO. 153 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, P ublic S afety D irector/C hief of P olice 11/17/2020 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 11/30/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider to approve the renewal of the 2021 licenses for On-Sale 3.2 Percent Malt Liquor, Off-Sale 3.2 Percent Malt Liquor, Secondhand Goods Dealer and taxi companies doing business in Richfield. Licenses to O per ate in Richfield Licenses to sell 3.2 Percent Malt Liquor Gold Star Taxi - 7 vehicles La Vaquita Short Stop- Off-Sale La Vaquita 2- O ff-Sale Secondhand G oods Dealers Por tland Food Mart - O ff-Sale G amestop Pump & Munch - O ff-Sale W edding Day Jewelers Richfield Minnoco - Off Sale Speedway #4186 - O ff-Sale Speedway #4188 - O ff-Sale Speedway #4191 - O ff-Sale Speedway #4615 - O ff-Sale Tar get Corporation - O ff-Sale Vina R estaurant - On-Sale P izz a Luce - On-Sale E X E C UT IV E S UM M ARY: Staff completed a staff report for eac h business at the time they originally applied for and received Council approval to operate their Taxi business, buy S ec ondhand Goods, or sell On-Sale 3.2 Percent Malt Liquor and Off-Sale 3.2 P erc ent Malt Liquor at their business in the City of Richfield. This is simply a request to renew their annual license for 2021. There is not a public hearing requirement for renewals for these ty pes of lic enses. The businesses named in this report are presented for Council’s approval. RE C O M M E ND E D AC T IO N: By motion: 1. Approve the 2021 renewal of named business licenses for O n-Sale 3.2 P ercent Malt Liquor and O ff-Sale 3.2 P ercent Malt Liquor establishments doing business in Richfield. 2. Approve the 2021 renewal of named business licenses for taxi companies doing business in Richfield. 3. Approve the 2021 renewal of named business licenses for Secondhand Goods D ealer. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT The listed businesses c urrent licenses will expire on Dec ember 31, 2020. The businesses named below with the corresponding lic enses are presented for Council’s approval on this date. Licenses to Operate in Richfield Gold Star Taxi - 7 vehicles Licenses to sell 3.2 Percent Malt Liquor La Vaquita Short Stop- Off-Sale La Vaquita 2- Off-Sale Portland Food Mart - Off-Sale Pump & Munch - Off-Sale Richfield Minnoco - Off-Sale Speedway #4186 - Off-Sale Speedway #4188 - Off-Sale Speedway #4191 - Off-Sale Speedway #4615 - Off-Sale Target Corporation - Off-Sale Vina Restaurant - On-Sale Pizza Luce - On-Sale Licenses to hold a Secondhand Goods Dealer Gamestop Wedding Day Diamonds B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): All businesses must annually request renewal of their Sec ondhand Goods Dealer, 3.2 Percent Malt Liquor and Taxi Company licenses to the City C ounc il. Businesses must meet the requirements for renewal of their licenses. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: All license fees must be paid and application forms submitted in order to be c onsidered for lic ense renewal. E.L E GAL C ON S ID E R AT ION : There are no legal issues. ALT E R N AT IV E R E C O MME N D AT IO N(S): Deny the request for the renewal of 2021 licenses for Sec ondhand Good Dealer, On-Sale 3.2 Perc ent Malt Liquor, Off-Sale 3.2 Percent Malt Liquor and taxi c ompanies doing business in Richfield. This would result in the applicants not being able to conduct business within the City in 2021; however, there have been no issues with any of these listed establishments and the Public Safety D epartment has found no reason to deny any of the requested lic enses. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Businesses have been notified of the date of presentation to the City Council but are not required to attend. AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.C. STAFF REPORT NO. 154 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: S cott K ulzer, A dministrative A ide/A nalyst D E PA RTM E NT D IRE C TOR RE V IE W: K ristin A sher, P ublic Works D irector/C ity E ngineer 11/30/2020 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 12/1/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider the appr oval of the purchase of a truck chassis from Nuss Truck & Equipment for $106,953 and dump box/snow fighting equipment from Towmaster Truck and Equipment for $104,971, totaling $211,924 plus taxes and licensing in 2021 for use by the Public W orks D epartment. E X E C UT IV E S UM M ARY: The Public W orks Department currently has seven dump trucks to provide routine snow removal and various other services to the public . Public W orks plans to decommission and auction off an old single-axle truck that is at the end of its useful lifespan and replace it with this new single-axle truck. W hen compared to their tandem-axle c ounterparts, these smaller single-axle truc ks are more maneuverable and responsive and will be dedic ated to managing the City 's newer and more complex streetscapes. RE C O M M E ND E D AC T IO N: By Motion: Approve the purchase of a truck chassis from Nuss Truck & E quipment for $106,953 and dump box/snow fighting equipment from Towmaster Truck and Equipment for $104,971, totaling $211,924 plus taxes and licensing in 2021 for use by the Public W orks D epartment. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT Replacement schedules are set for each piece of equipment once purchased. The following are taken into consideration when dec iding on when to replac e vehic les: Year of purchase Replacement date/depreciation History of repairs Tec hnology upgrades B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Purc hasing supplies, materials, and equipment through a cooperative purchasing program allows the C ity to purchase items at a lower cost due to the purchasing power of a large group. The C ity of Ric hfield currently purchases from four c ooperative sourc es: Hennepin C ounty Cooperative Purchasing Program S tate of Minnesota Cooperative P urc hasing Program National J oint Powers Agreement Cooperative Purchasing Program Houston-Galveston Area Counc il The State of Minnesota Cooperative Purchasing Program will be used for the purc hase of the new dump truck and equipment. C.C R IT IC AL T IMIN G ISSU E S: Approval at this meeting will ensure delivery of the vehic le in the year it is budgeted (2021). D.F IN AN C IAL IMPAC T: The 2020 Revised/2021 Proposed Budget inc ludes $250,000 for this purchase. The quoted price for the equipment totals $211,924 not acc ounting for the vehicle sales tax and licensing fees. E.L E GAL C ON S ID E R AT ION : Ac cording to Minnesota Statutes, when the purc hase of materials, merchandise, equipment, or c onstruction exceeds $175,000, authority to purchase shall be submitted to the C ity Council for c onsideration. ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.D. STAFF REPORT NO. 155 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, P ublic S afety D irector/C hief of P olice 11/22/2020 O TH E R D E PA RTM E NT RE V IE W: C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 12/1/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider appr oval of an amendment to the agreement with the City of B loomington for the provision of public health services for the City of Richfield for 2021. E X E C UT IV E S UM M ARY: The City of Richfield has had a public health c ontrac t with the C ity of Bloomington to provide public health services on Ric hfield's behalf for 43 years. The amendment to the public health contract requires City Council approval and reflects an approximate 1.5% inc rease over the 2020 c ontrac t amount. Additionally, there is a new financial agreement and structure in plac e to ac count for shared services between the cities of Richfield and B loomington. RE C O M M E ND E D AC T IO N: By motion: Approve the amendment to the agr eement with the City of Bloomington for the provision of public health services for the City of Richfield for 2021. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT I n 1977, the S tate of Minnesota enacted the C ommunity Health Servic es Ac t whic h transferred the responsibility for the administration of public health programs to local jurisdictions. The State also provided funds for the program and encouraged loc al jurisdictions to increase the effic iency of their programs by grouping together whenever it made sense to do so. Richfield entered into a contractual agreement with Bloomington at that time and the program has been administered under a contract with them sinc e. The Ac t was revised in 2003 and is now referred to as the Loc al Public Health Act. The contract amount for providing public health servic es in 2021 reflects an approximate 1.5% increase over the 2020 contract amount. The c ontrac t amount for 2021 is $262,000; with the 2020 c ontract amount having been $259,000. I n 2004, c hanges were made to the Public Health Act at the State level to make reporting, acc ountability, and record keeping more efficient. Those c hanges also "regrouped" a large number of funding sourc es into one, which gives more personalization of the funds for the best spec ific user of the dollars within the c ommunity to be used in c onjunc tion with subsidy guidelines. I t is now referred to as the Local P ublic Health grant. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): C.C R IT IC AL T IMIN G ISSU E S: D.F IN AN C IAL IMPAC T: Historically, the cost of the annual contrac t between Richfield and Bloomington for public health services has been covered by the Local Public Health (L P H) grant and mandatory 75% loc al matc h for the Ric hfield C ommunity Health Board. 2017 is the first y ear that the c ost of the agreement has signific antly exceeded the LPH grant plus the mandated local match. As grant funding has not inc reased to matc h cost of living, insuranc e, and other c osts, it bec ame necessary for Bloomington, Edina and Ric hfield to address this shortage. There has never been a specific cost formula for how services were c ontrac ted. I n the past 5 y ears, contract increases have ranged from 2-5%, however, the increases to the contrac ts with Bloomington have not kept up with the inc rease in costs to Bloomington's Public Health Division. These inc reased c osts for Bloomington are due to several reasons: Flat or reduc ed grant funding for long-term grants. I nc reased staffing c osts related to increased salaries, new part-time, staff benefits and health insurance c osts. Loss of grants that have supported administrative time and costs. I nternal Charge inc reases (phones, copier, spac e and oc cupancy, mail room, building repairs, computers, and professional liability insurance. City Managers, along with public health staff of Bloomington, Edina and Richfield met in May 2019 to c ome to an agreement on how shared servic es would be alloc ated to eac h city. Beginning in 2020, the y early cost for services will be based on c urrent 2019 c ontrac ted fees adjusted for 2018 servic e levels. For 2021, we would be using the 2020 contracted fees adjusted for 2019 service levels. The c ities all agreed to keep this framework in place for 3 y ears and review and update at that time. Exhibit D in the 2021 Public Health amendment outlines the agreed upon c ost allocation strategy. E.L E GAL C ON S ID E R AT ION : The City Attorney has reviewed the amendment and approves of its contents. ALT E R N AT IV E R E C O MME N D AT IO N(S): The City Council c ould deny the amendment to the contract and public health servic es provided by Bloomington Public Health D epartment would no longer be provided for the City of Richfield. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: AT TAC H ME N TS : D escripti on Type A mendment to P ublic Health C ontract for 2021 C over Memo Agreement ID: 2020-518 FIRST AMENDMENT TO LOCAL PUBLIC HEALTH SERVICES AGREEMENT BETWEEN THE MINNESOTA CITIES OF BLOOMINGTON AND RICHFIELD THIS FIRST AMENDMENT is made on the ____ day of __________, 2020 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 (“Bloomington”), and the CITY OF RICHFIELD, MINNESOTA, a Minnesota municipal corporation, located at 6700 Portland Avenue, Richfield, Minnesota 55423 (“Richfield”), each a “Party” and collectively the “Parties.” WHEREAS, Bloomington and Richfield are parties to an Agreement dated January 1, 2020 (Agreement ID 2019-650), pursuant to which Bloomington is responsible for providing Public Health Services to the residents of Richfield (“Agreement”); and WHEREAS, the term of the Agreement ends December 31, 2020. The Parties desire to amend the Agreement to extend the term until December 31, 2021; and WHEREAS, the Parties desire to amend the Agreement to include additional services as detailed in Exhibit C; and WHEREAS, the Parties desire to amend the Agreement to increase the total amount of work authorized, including reimbursable expenses, by $262,000 for a total contract not-to-exceed amount of $521,000; and NOW, THEREFORE, in consideration of the terms and conditions expressed in this First Amendment, the Parties agree as follows: 1. Paragraph 1 of the Agreement shall be amended to read: “Services to be Provided: Richfield agrees to provide the residents of Richfield with Public Health Services as set forth in Bloomington’s Scope of Services attached hereto as Exhibits A and C and any supplemental letter agreements entered into between the Parties (“Services”). The Services referenced in the attached Exhibits A and C or any supplemental letter agreements shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by contractors currently providing similar services.” 2. Paragraph 2 of the Agreement shall be amended to read: “Time for Completion. This Agreement shall remain in force and effect commencing from Effective Date and continuing until December 31, 2021, unless terminated by either party or amended pursuant to the Agreement.” 3. Paragraph 3 of the Agreement shall be amended to read: “Consideration: The consideration, which Richfield shall pay to Bloomington, shall not exceed $521,000.00, pursuant to the terms of payment set forth in Exhibits B and D and incorporated into this Agreement.” 4. All other terms and conditions of the Agreement not modified by this First Amendment shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties to the Agreement have caused this First Amendment to be executed the day and year first above written. CITY OF BLOOMINGTON, MINNESOTA DATED:___________________________ BY:________________________________ Its: Mayor 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 Reviewed and approved by the City Attorney. __________________________________ 3 EXHIBIT C TO LOCAL PUBLIC HEALTH SERVICES AGREEMENT BETWEEN THE MINNESOTA CITIES OF BLOOMINGTON AND RICHFIELD SCOPE OF SERVICES 1. Bloomington agrees to provide residents of Richfield with Public Health Services, which include activities designed to protect and promote the health of the general population within a community health service area by emphasizing the prevention of disease, injury, disability, and preventable death through the promotion of effective coordination and use of community resources (Public Health Services), and by extending Public Health Services into the community. 2. Bloomington agrees to provide Public Health Services to the residents of Richfield in a manner consistent with the level of care and skill ordinarily exercised, and utilizing the same quality and kind of personnel, equipment and facilities, as Public Health Services are provided and rendered to residents of Bloomington. 3. Bloomington shall provide the Public Health Services pursuant hereto on a confidential basis, using capable, trained professionals. 4. Bloomington shall require medical malpractice insurance coverage by its physicians and other licensed professionals with whom Bloomington has a contract for professional services. 5. All Public Health Services to be rendered hereunder by Bloomington shall be rendered pursuant to and subject to public health policies, rules, and procedures now or hereafter, from time to time, adopted by the Bloomington City Council, and in full compliance with all applicable state and federal laws. 6. It shall be Bloomington’s sole responsibility to determine the qualifications, functions, training, and performance standards for all personnel rendering Public Health Services under this Agreement. 7. Bloomington will communicate with Richfield relative to Public Health Services to be performed hereunder, in the form of reports, conferences, or consultations, as Richfield shall request. All reports relating to the provision of Public Health Services that are given by Bloomington to the Bloomington City Council or to the Bloomington City Manager during the term of this Agreement shall also be given to Richfield. 8. Bloomington also agrees to send to Richfield an annual report describing the Public Health Services performed pursuant to this Agreement. Said report shall be in such detail and form as Richfield may reasonably request. Also, at Richfield’s request, made not more than two (2) times during the term of this Agreement, responsible administrative officers of Bloomington's Division of Public Health shall attend meetings of the Richfield City Council, or appropriate board or commission, to answer questions and give further information relative to the activities performed and Public Health Services rendered under this Agreement. 4 9. Bloomington will also provide services to Richfield for Title V Maternal Child Health (MCH) and Temporary Assistance to Needy Families (TANF) to qualifying women, infants, children and adolescents. Richfield agrees to assign its rights to Minnesota Department of Health (MDH) funding provided for the MCH and TANF programs for fiscal year 2021 to Bloomington. Bloomington will complete all required services, reports and documentation for these programs and will directly invoice MDH for the MCH and TANF services that Bloomington provides to Richfield residents. 5 EXHIBIT D TO LOCAL PUBLIC HEALTH SERVICES AGREEMENT BETWEEN THE MINNESOTA CITIES OF BLOOMINGTON AND RICHFIELD TERMS OF PAYMENT 1. The parties agree to allocate the costs of the Services in accordance with each city’s share of the total services provided by Bloomington to all three cities (Bloomington, Edina, and Richfield) as identified below. 2. Richfield shall pay Bloomington the total not-to-exceed amount of $521,000 for Services during the term of this Agreement. This amount is based on the 2020 contracted amount adjusted for the 2019 service levels as noted below. Allocation method Description of Service Share of total cost Bloomington Edina Richfield Agreed-upon percentage of cost (fixed) Administration and Planning & Health Promotion infrastructure 65% 17.5% 17.5% Internal service charges 80% 10% 10% Accreditation 33% 33% 33% SHIP 44% 30% 26% By population (as estimated by the American Community Survey) DP&C Senior Health Outbreak response 50% 29% 21% By number of clients in each city (changes annually) Maternal Health Clinical Services Share of total cost will change each year based on # of clients per city, according to the following formula: (Clients served in Richfield) ------------------------------------------ = share of total cost (Clients served in all three cities) Direct expense All others cost of service provided 6 3. Bloomington will invoice Richfield for the Services according to the following terms: Invoice Date Amount April 15, 2021 $65,500 July 15, 2021 $65,500 October 15, 2021 $65,500 January 15, 2022 $65,500 4. Richfield shall make payment to Bloomington within fifteen (15) days of receipt after Bloomington’s invoice. AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.E. STAFF REPORT NO. 156 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice 11/25/2020 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 11/30/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider the adoption of a resolution authoriz ing R ichfield Public Safety/P olice D epartment to accept donations from the listed agencies, businesses and private individuals for designated uses. E X E C UT IV E S UM M ARY: Throughout the year, donations are rec eived from various agenc ies, businesses and private individuals to be used for special events or programs sponsored by the Polic e Department. The donations are for community engagement events and are solic ited by the Department. This resolution authorizes the ac ceptanc e of $4,100.00 in donations. RE C O M M E ND E D AC T IO N: By motion: Adopt a resolution authorizing R ichfield Public Safety/Police D epartment to accept donations from the listed agencies, businesses and private individuals for designated uses. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT The Department of Public Safety/Police holds several annual events that require outside funding to occ ur. Staff members solic it donations from business and/or individuals to support these programs. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Minnesota Statute 465.03 requires that every acc eptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of the City C ounc il adopted by a two-thirds majority of its members. The A dministrative Servic es Department issued a memo on November 9, 2004, requiring that all grants and restric ted donations to departments be rec eived by resolution and adopted by two- thirds majority of the City Council in ac cordanc e with Minnesota S tatute 465.03. C.C R IT IC AL T IMIN G ISSU E S: Donations have been received and applied to the designated areas as indicated by the donors. D.F IN AN C IAL IMPAC T: Financial donations have been deposited in the funds supporting the designated programs. All of the donations listed below were given without obligation to provide any additional matching funds: Community Engagement: D O N O R AMO U N T R ichfield American Legion Auxiliar y #435 $150.00 H ope Presbyterian Church $500.00 Physical Distribution Services $500.00 B est B uy $500.00 D ave and Theresa Carroll $200.00 R ichfield Audi $500.00 R ichfield O ptimist Club $750.00 Tar get Corporation $1,000.00 E.L E GAL C ON S ID E R AT ION : Minnesota S tatute 465.03 requires every ac ceptanc e of a grant or devise of real or personal property be received by resolution and adopted by two-thirds majority of the City Counc il. ALT E R N AT IV E R E C O MME N D AT IO N(S): Counc il could disapprove the ac ceptance of the donations for the events and the monetary donations would have to be returned to the issuing agency/business/individual. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type Resolution Resolution L etter RESOLUTION NO. RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE DEPARTMENT TO ACCEPT DONATIONS FROM THE LISTED AGENCIES, BUSINESSES AND PRIVATE INDIVIDUALS FOR DESIGNATED USES WHEREAS, the Department of Public Safety/Police Division, through its Director, received checks from the following for Community Engagement Community Engagement: DONOR AMOUNT Richfield American Legion Auxiliary #435 $150.00 Hope Presbyterian Church $500.00 Physical Distribution Services $500.00 Best Buy $500.00 Dave and Theresa Carroll $200.00 Richfield Audi $500.00 Richfield Optimist Club $750.00 Target Corporation $1,000.00 WHEREAS, Minnesota Statute requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council; and, WHEREAS, the donated funds will be used towards the designated events sponsored by Richfield Police. NOW, THEREFORE, BE IT RESOLVED that the Director of Public Safety/Chief of Police will accept the donations to be placed in the accounts as specified. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of December, 2020. Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.F. STAFF REPORT NO. 157 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: S cott K ulzer, A dministrative A ide/A nalyst D E PA RTM E NT D IRE C TOR RE V IE W: K ristin A sher, P ublic Works D irector/C ity E ngineer 11/30/2020 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 12/1/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider the appr oval of a contract with Gr aymont (W I), L L C for the annual purchase of 1,400 tons of quick lime in the amount of $785,400 for water tr eatment in 2021, 2022, and 2023. E X E C UT IV E S UM M ARY: Quick lime is a chemical used in the water treatment process to lower hardness in water. Approximately 1,400 tons of quick lime is required each y ear to produce softened water. On November 19, 2020, a bid opening was held and two bids were submitted. Graymont (W I ), LLC was the low bidder. They are a qualified supplier that meets all specifications and requirements. RE C O M M E ND E D AC T IO N: By motion: Approve the contract with Graymont (W I), LL C for the annual purchase of 1,400 tons of quick lime in the amount of $785,400 for water tr eatment in 2021, 2022, and 2023. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT See executive summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Contracts estimated to have a value over $175,000 must be made by sealed bids, solicited by public notice, and awarded to the lowest responsible bidder. C.C R IT IC AL T IMIN G ISSU E S: Quick lime is a nec essary chemical required in the water softening process. The c urrent contract expires on December 31, 2020. D.F IN AN C IAL IMPAC T: A recent history of pric es for this product is: Years B ase Pric e Est. Annual Cost Vendor 2007 $95.20/Ton $133,280.00 C utler Magner 2008 $99.65/Ton $139,510.00 C utler Magner 2009 $112.00/Ton $156,800.00 Gray mont 2010 $120.00/Ton $168,000.00 Gray mont 2011 $120.00/Ton $168,000.00 Gray mont 2012 $124.45/Ton $174,230.00 Gray mont 2013 $143.00/Ton $200,200.00 Gray mont 2014 $154.85/Ton $216,790.00 Gray mont 2015 $160.95/Ton $225,330.00 Gray mont 2016 $166.58/Ton $233,212.00 Gray mont 2017 $166.58/ton $233,212.00 Gray mont 2018 $171.75/ton $240,450.00 Gray mont 2019 $175.50/ton $245,700.00 Gray mont 2020 $179.35/ton $251,090.00 Gray mont 2021 $183.00/ton $256,200.00 Gray mont 2022 $187.00/ton $261,800.00 Gray mont 2023 $191.00/ton $267,400.00 Gray mont Funding for the purc hase of quic k lime is annually inc luded in the W ater Department Budget, line item 51000-6413 (Chemicals). E.L E GAL C ON S ID E R AT ION : W hen contracts for the purchase of materials, merchandise, equipment or c onstruc tion exceeds $175,000, authority to purchase shall be submitted to the City Counc il for c onsideration. The bid opening held on November 19, 2020 was in acc ordance with legal requirements. The C ity Attorney will be available for questions. ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type Quick L ime B id Tab B ackup Materi al Quick L ime C ontract C ontract/A greement Water Plant Quick Lime BID TABULATION SHEET Bid #: 20-06 Bid Opening: November 19, 2020 Richfield Municipal Center, Bartholomew Conference Room Award of Contract: December 8, 2020 City Council Meeting Contractor Bond Non-Collusion Intent to Comply Total Base Bid Graymont (WI), LLC X X X 2021: $183/ton, 2022: $187/ton, 2023: $191/ton Total Bid: $785,400 Pete Lien & Sons, Inc X X X 2021: $202/ton, 2022: $202/ton, 2023: $202/ton Total Bid: $848,400 550452v1 BDL RC160-4 CITY OF RICHFIELD HENNEPIN COUNTY, MINNESOTA SERVICE CONTRACT This contract (the “Agreement”) is made and entered into this 1st day of January, 2021, between the City of Richfield,Minnesota, a Minnesota municipal corporation (the “City”), and the Graymont (WI), LLC (the “Contractor”), (collectively, the “Parties”). 1.Scope of Services.The Contractor agrees to perform the following services:to furnish all materials (except such as are specified to be furnished by the City, if any), all necessary tools and equipment, and to do and perform all the necessary work and labor for the full completion of city projects as follows: Purchase and delivery of an estimated 1,400 tons of quick lime per year for the years 2021, 2022, and 2023 for the Water Treatment Plant at 6221 Portland Avenue South, as shown in the approved plans and according to the terms of the bid specifications, for the price and compensation set forth herein, all in accordance with the plans, specifications and special provisions therefor on file in the office of the Assistant Utility Superintendent at the Water Plant, City of Richfield,which are hereby made a part of this Agreement. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the services.The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the services and is appropriately licensed by all applicable agencies and governmental entities. The Contractor agrees that the work shall be done and performed in the best and most workmanlike manner; that all materials and labor shall be in strict conformity in every respect with the plans, specifications and special provisions for the work, shall b e subject to inspection and approval of the City Assistant Utility Superintendent located at the Water Plant, and in case any material or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected material shall be removed and replaced with approved material and the rejected labor shall be done anew to the satisfaction and approval of the City and at the cost and expense of the Contractor. It is agreed also that delays caused by the elements or by strikes or other combined action of workmen employed in the construction or in the transportation of materials, but in no part caused or resulting from default or collusion on the part of the Contractor, shall be excused to the extent which the City may find and determine such conditions to have delayed completion within the 550452v1 BDL RC160-4 time limit. The judgment of the City in fixing such amount shall be final and conclusive upon the parties hereto. It is distinctly understood and agreed that no claims for extra work done or materials furnishe d by the Contractor will be allowed by the City except as provided herein, nor shall the Contractor do any work or furnish any materials not covered by the plans, specifications, special provisions and this Agreement unless such work is first ordered in writing as provided in the specifications. Any such work or materials which may be done or furnished by the C ontractor without such written order first being given shall be at its own risk, cost and expense,and it hereby agrees that without such written order it will make no claim for compensation for work or materials so done or furnished. 2.Compensation.The City agrees to pay the Contractor as follows:the unit price for the services provided hereunder is $183 per ton in calendar year 2021; $187 per ton in calendar year 2022; and $191 per ton in calendar year 2023, amounting to substantially Seven Hundred Eighty Five Thousand, Four Hundred and 00/100 ($785,400)Dollars. Contractor shall submit payment invoices to the City after such services have been completed. The City shall pay Contractor within two (2)weeks after the invoice has been approved for payment by the Director of Public Works. The City shall not withhold monies for the payment of any federal or state income taxes, social security benefits, or other taxes. If the City objects to all or any portion of any invoice, the City shall notify the Contractor of the dispute with ten (10)days from the date of receipt and shall pay that portion of the invoice not in dispute. Any dispute shall be settled in accordance with Paragraph 7 of this Agreement. 3.Term.The contract is for a three-year period beginning January 1, 2021 through December 31, 2023. The City shall have the option to terminate this Agreement at any time. Term ination shall be effective upon ten (10) days written notice to the Contractor. If the Contractor refuses or fails to complete the tasks described in Paragraph 1, or to complete the services in a manner satisfactory to the City, the City may, by written notice to the Contractor, give notice of its intention to terminate this Agreement. After such notice, the Contractor shall have ten (10) days to cure, to the satisfaction of the City. If the Contractor fails to cure, the City shall send the Contractor a written termination letter which shall be effective upon deposit in the United States mail to the Contractor’s address as stated in Paragraph 8F. In the event of termination, the City shall only be responsible to pay for all services satisfactorily performed by the Contractor to the effective date of termination, as described in the final invoice to the City. 550452v1 BDL RC160-4 4.Independent Contractor Relationship.It is expressly understood that the Contractor is an “independent contractor”and not an employee of the City. The Contractor shall have control over the manner in which the services are performed under this Agreement.The Contractor shall supply, at its own expense, all materials, supplies, equipment and tools required to accompl ish the work contemplated by this Agreement.The Contractor shall not be entitled to any benefits from the City, including, without limitation, insurance benefits, sick and vacation leave, workers’ compensation benefits, unemployment compensation,disability, severance pay, or retirement benefits. 5.Insurance Requirements.(Note: Liability insurance requirements may be modified or waived depending on the nature of the contract.) A.Liability.The Contractor agrees to maintain commercial general liability insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, products-completed operations, personal injury, advertising injury, and contractually as sumed liability.The City shall be named as an additional insured. B.Automobile Liability.If the Contractor operates a motor vehicle in performing the services under this Agreement,the Contractor shall maintain commercial automobile liability insurance,including owned, hired, and non-owned automobiles, with a minimum liability limit of $1,000,000, combined single limit. C.Workers’ Compensation.The Contractor agrees to comply with all applicable workers’ compensation laws in Minnesota. D.Certificate of Insurance.The Contractor shall, prior to commencing services, deliver to the City a Certificate of Insurance as evidence that the above coverages are in full force and effect. 6.Indemnification.To the fullest extent permitted by law, the Contractor agrees to defend, indemnify and hold harmless the City, and its employees, officials, volunteers and agents from and against all claims, actions, damages, losses and expenses, including attorney fees,arising out of the Contractor’s negligence or the Contractor’s performance or failure to perform its obligations under this Agreement.The Contractor’s indemnification obligation shall apply to the Contractor’s subcontractor(s), or anyone directly or indirectly employed or hired by the Contractor, or anyone for whose acts the Contractor may be liable.The Contractor agrees this indemnity obligation shall survive the completion or termination of this Agreement. 7.Dispute Resolution.The Parties shall cooperate and use their best efforts to ensure that the various provisions of the Agreement are fulfilled. The Parties agree to act in good faith to undertake resolution of disputes, in an equitable and timely manner and in accordance with the provisions of this Agreement. 8.General Provisions. 550452v1 BDL RC160-4 A.Entire Agreement. This Agreement supersedes any prior or contemporaneous representations or agreements, whether written or oral, between the Parties and contains the entire agreement. B.Assignment. The Contractor may not assign this Agreement to any other person u nless written consent is obtained from the City. C.Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both Parties. D.Nondiscrimination.In the hiring of employees to perform work under this Agreement, the Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. E.Force Majeure.Except for payment of sums due, neither party shall be liable to the other or deemed in default under this Agreement, if and to the extent that such party’s performance is prevented by reason of Force Majeure, as determined by the City. F.Notices. All notices and other communications under this Agreement must be in writing and must be given by registered or certified mail, postage prepaid, or delivered by hand at the addresses set forth below: Notice to City:City of Richfield 6700 Portland Avenue Richfield, MN 55423 Attn: City Manager With a copy to:Richfield City Attorney Kennedy and Graven 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Notice to Contractor:Graymont (WI), LLC 800 Hill Avenue Superior, WI 54880 Attn: Manager G.Governing Law.This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota.All proceedings related to this Agreement shall be venued in the State of Minnesota. H.Waivers. The waiver by either party of any breach or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. I.Ownership of Documents.All reports, plans, specifications, data, maps, and other documents produced by the Contractor in the performance of services under this Agreement shall be the property of the City. J.Government Data.The Contractor agrees to maintain all data received from the City in the same manner as the City as required under the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 550452v1 BDL RC160-4 K.Counterparts.This Agreement may be signed in counterparts, each of which shall be deemed an original, and which taken together shall be deemed to be one and the same document. L.Savings Clause. If any court finds any portion of this Agreement to be contrary to law , invalid,or unenforceable,the remainder of the Agreement will remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused this Agreement to be approved on the date above. City of Richfield Graymont (WI), LLC By: _____________________________By: __________________________ Maria Regan Gonzalez Its Mayor Its: __________________________ And: ____________________________ Katie Rodriguez By: __________________________ Its City Manager Its: __________________________ AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.G. STAFF REPORT NO. 158 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: S cott K ulzer, A dministrative A ide/A nalyst D E PA RTM E NT D IRE C TOR RE V IE W: K ristin A sher, P ublic Works D irector/C ity E ngineer 11/30/2020 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 12/1/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider the appr oval of a contract with Meyer Contracting, Inc., in the amount of $715,817.55 for the W ood Lake lift station improvement project. E X E C UT IV E S UM M ARY: The W ood Lake lift station c ontrols the water level in W ood Lake. The lift station is undersized for current and future rainfall intensities which c an lead to long-term flooding of paths in the W ood Lake Nature Center. The new lift station will allow for better water level c ontrol of W ood Lake whic h will help mitigate flooding of Nature Center paths and significantly decrease the length of time the paths are underwater. RE C O M M E ND E D AC T IO N: By motion: Approve the contract with Meyer C ontracting, Inc., in the amount of $715,817.55 for the W ood Lake lift station improvement project. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT See executive summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Contracts estimated to have a value over $175,000 must be made by sealed bids, solicited by public notice, and awarded to the lowest responsible bidder. C.C R IT IC AL T IMIN G ISSU E S: Award of the projec t at this time will allow c ontrac tors to begin work over the winter months whic h will lead to c ompletion prior to spring runoff. D.F IN AN C IAL IMPAC T: A total of 10 bids were received for the projec t ranging from a low bid of $715,817.55 to a high bid of $1,054,172.00. The Engineer ’s Estimate was $704,489.00. Funding for the W ood Lake lift station improvement project is included in the 2021 C I P and will be funded through stormwater user fees. E.L E GAL C ON S ID E R AT ION : W hen contracts for the purchase of materials, merchandise, equipment or c onstruc tion exceeds $175,000, authority to purchase shall be submitted to the City Counc il for c onsideration. The bid opening held on November 18, 2020 was in acc ordance with legal requirements. The ad for bid was published October 29, November 5 and November 12 in the Sun Current. The C ity Attorney will be available for questions. ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type B id Tabulation B ackup Materi al K:\016643-000\Admin\Construction Admin\016643-000 CST LOR_20201118.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM November 18, 2020 Honorable Mayor and City Council City of Richfield 6700 Portland Avenue Richfield, MN 55423 Re: Wood Lake Lift Station Improvements City of Richfield, MN WSB Project No. 016643-000 Dear Mayor and Council Members: Bids were received for the above-referenced project on Wednesday, November 18, 2020, and were opened and read aloud. A total of 9 bids were received. The bids were checked for mathematical accuracy and tabulated and there are no errors made on the Proposal Form. The Engineer’s Estimate was $704,489.00. The bid tabulation indicates the low bidder as Meyer Contracting, Inc., Maple Grove, MN, in the amount of $715,817.55. We recommend that the City consider these bids and award a contract to Meyer Contracting, Inc. based on the results of the bids received. Sincerely, WSB Bill Alms, PE Project Manager Enclosure cc: Verlyn, Schoep, Meyer Contracting Inc. Joe Powers, City of Richfield Kendra Fallon, WSB alp Wood Lake Lift Station Improvements City of Richfield, MN Bid Opening: November 18, 2020 at 11:00 a.m. local time WSB Project No. 016643-000 DENOTES CORRECTED FIGURE Contractor Bid Docs Bid Security (5%)Grand Total Bid 1 Meyer Contracting, Inc.X X $715,817.55 2 Lametti & Sons, Inc.X X $727,000.00 3 Kuechle Underground missing NTB X $737,990.00 4 Minger Construction Companies, Inc.X X $740,497.15 5 Vinco, Inc.X X $759,000.00 6 Veit & Company, Inc.X X $818,983.00 7 Geislinger and Sons, Inc.X X $889,620.00 8 S. M. Hentges & Sons, Inc.X X $922,737.00 9 RL Larson Excavating, Inc X X $931,953.00 10 PCi Roads, LLC X X $1,054,172.00 Engineer's Opinion of Cost $704,489.00 BID TABULATION SUMMARY Bill Alms, PE Project Manager I hereby certify that this is a true and correct tabulation of the bids as received on November 18, 2020. K:\016643-000\Admin\Construction Admin\016643-000 CST Bid Tab Summary_20201118.xlsx Bid TabulationWood Lake Lift Station ImprovementsCity of North Richfield, MNBid Opening: Wednesday, November 18, 2020 at 11:00 a.m. Local TimeWSB Project No. 016643-000DENOTES CORRECTED FIGURELine # Mat. # Item Units Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price1 2021.501 MOBILIZATION LS 1 $45,000.00 $45,000.00 $36,000.00$36,000.00 $35,000.00 $35,000.00 $37,000.00 $37,000.002 2104.503 REMOVE CURB AND GUTTER LF 75 $10.00 $750.00 $3.30 $247.50 $6.00 $450.00 $8.00 $600.003 2104.504 REMOVE BITUMINOUS PAVEMENT S Y 160 $8.00$1,280.00 $7.00 $1,120.00 $10.00 $1,600.00 $15.00 $2,400.004 2104.601 REMOVE MISCELLANEOUS STRUCTURES LS 1 $2,000.00 $2,000.00 $2,071.85 $2,071.85 $10,000.00 $10,000.00 $3,500.00 $3,500.005 2105.601 DEWATERING LS 1 $30,000.00 $30,000.00 $5,000.00 $5,000.00 $35,000.00 $35,000.00 $25,000.00 $25,000.006 2105.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH 1 $1,200.00 $1,200.00 $750.00 $750.00 $6,000.00 $6,000.00 $1,000.00 $1,000.007 2106.507 EXCAVATION - COMMON C Y 1,700 $15.00 $25,500.00 $23.00 $39,100.00 $14.00 $23,800.00 $15.00 $25,500.008 2301.504 CONCRETE PAVEMENT 6" S Y 72 $150.00 $10,800.00 $137.68 $9,912.96 $110.00 $7,920.00 $140.00 $10,080.009 2360.604 BITUMINOUS PATCHING SY 160 $70.00 $11,200.00 $49.02 $7,843.20 $75.00 $12,000.00 $59.00$9,440.0010 2411.507 GRANULAR BACKFILL (CV) C Y 300 $12.00 $3,600.00 $58.00 $17,400.00 $76.00 $22,800.00 $28.00 $8,400.0011 2503.503 18" PVC PIPE SEWER L F 375 $170.00 $63,750.00$121.54 $45,577.50 $160.00 $60,000.00 $120.00 $45,000.0012 2503.602 CONNECT TO EXISTING SANITARY SEWER EACH 1 $2,000.00 $2,000.00 $2,336.19 $2,336.19 $11,000.00 $11,000.00 $8,400.00 $8,400.0013 2503.602 CONNECT INTO EXISTING DRAINAGE STRUCTURE EACH 2 $1,000.00 $2,000.00 $1,938.79 $3,877.58 $4,500.00 $9,000.00 $9,000.00 $18,000.0014 2506.601 CONSTRUCT LIFT STATION LS 1 $395,000.00 $395,000.00 $405,293.00 $405,293.00 $338,170.00 $338,170.00 $400,000.00 $400,000.0015 2506.603 CONSTRUCT 48" DIA SANITARY MANHOLE L F 10 $350.00 $3,500.00 $461.71 $4,617.10 $800.00 $8,000.00 $515.00 $5,150.0016 2531.503 CONCRETE CURB & GUTTER DESIGN B618 L F 75 $30.00 $2,250.00 $44.91 $3,368.25 $82.00 $6,150.00 $44.00 $3,300.0017 2545.601 CONSTRUCT ELECTRICAL AND SCADA LS 1 $90,000.00 $90,000.00 $100,000.00 $100,000.00 $106,000.00 $106,000.00 $104,000.00 $104,000.0018 2557.603 REMOVE AND REPLACE FENCING LF 523 $2.00 $1,046.00 $37.96 $19,853.08 $40.00 $20,920.00 $37.00 $19,351.0019 2563.601 TRAFFIC CONTROL LS 1 $5,000.00 $5,000.00 $1,750.00 $1,750.00 $2,000.00 $2,000.00 $1,750.00 $1,750.0020 2573.502 STORM DRAIN INLET PROTECTIONEACH 2 $200.00 $400.00 $150.00 $300.00 $600.00 $1,200.00 $250.00 $500.0021 2573.503 SILT FENCE; TYPE HI L F 590 $2.00 $1,180.00 $4.50 $2,655.00 $4.00 $2,360.00 $4.50 $2,655.0022 2573.503 SEDIMENT CONTROL LOG TYPE WOOD FIBER L F 590 $2.50 $1,475.00 $3.50 $2,065.00 $5.00 $2,950.00 $3.50 $2,065.0023 2575.504 EROSION CONTROL BLANKETS CATEGORY 3N S Y 1,270 $2.50 $3,175.00 $1.70 $2,159.00 $2.00 $2,540.00 $2.40 $3,048.0024 2575.505 SEEDING ACRE 0 $6,000.00 $1,800.00 $1,000.00 $300.00 $1,500.00 $450.00 $1,600.00 $480.0025 2575.508 SEED MIXTURE 25-141 LB 2 $7.00 $14.00 $5.05 $10.10 $5.00 $10.00 $6.00 $12.0026 2575.508 SEEDING MIXTURE 25-151 LB 26 $7.50 $195.00 $5.00 $130.00 $5.00 $130.00 $6.00 $156.0027 2575.508 SEEDING MIXTURE 35-221 LB 2 $35.00 $70.00 $100.00 $200.00 $15.00 $30.00 $100.00 $200.0028 2582.503 4" SOLID LINE PAINT L F 152 $2.00 $304.00 $12.37 $1,880.24 $10.00 $1,520.00 $6.60 $1,003.20$704,489.00 $715,817.55 $727,000.00 $737,990.20GRAND TOTAL BIDEngineer's Estimate Lametti & Sons, Inc.Meyer Contracting, Inc. Kuechle UndergroundPage 1 of 5K:\016643-000\Admin\Construction Admin\016643-000 CST Bid Tab_20201118.xlsx Bid TabulationWood Lake Lift Station ImprovementsCity of North Richfield, MNBid Opening: Wednesday, November 18, 2020 at 11:00 a.m. Local TimeWSB Project No. 016643-000DENOTES CORRECTED FIGURELine # Mat. # Item Units Qty Unit Price Total Price1 2021.501 MOBILIZATION LS 1 $45,000.00 $45,000.002 2104.503 REMOVE CURB AND GUTTER LF 75 $10.00 $750.003 2104.504 REMOVE BITUMINOUS PAVEMENT S Y 160 $8.00 $1,280.004 2104.601 REMOVE MISCELLANEOUS STRUCTURES LS 1 $2,000.00 $2,000.005 2105.601 DEWATERING LS 1 $30,000.00 $30,000.006 2105.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH 1 $1,200.00 $1,200.007 2106.507 EXCAVATION - COMMON C Y 1,700 $15.00 $25,500.008 2301.504 CONCRETE PAVEMENT 6" S Y 72 $150.00 $10,800.009 2360.604 BITUMINOUS PATCHING SY 160 $70.00 $11,200.0010 2411.507 GRANULAR BACKFILL (CV) C Y 300 $12.00 $3,600.0011 2503.503 18" PVC PIPE SEWER L F 375 $170.00 $63,750.0012 2503.602 CONNECT TO EXISTING SANITARY SEWER EACH 1 $2,000.00 $2,000.0013 2503.602 CONNECT INTO EXISTING DRAINAGE STRUCTURE EACH 2 $1,000.00 $2,000.0014 2506.601 CONSTRUCT LIFT STATION LS 1 $395,000.00 $395,000.0015 2506.603 CONSTRUCT 48" DIA SANITARY MANHOLE L F 10 $350.00 $3,500.0016 2531.503 CONCRETE CURB & GUTTER DESIGN B618 L F 75 $30.00 $2,250.0017 2545.601 CONSTRUCT ELECTRICAL AND SCADA LS 1 $90,000.00 $90,000.0018 2557.603 REMOVE AND REPLACE FENCINGLF 523 $2.00 $1,046.0019 2563.601 TRAFFIC CONTROL LS 1 $5,000.00 $5,000.0020 2573.502 STORM DRAIN INLET PROTECTION EACH 2 $200.00 $400.0021 2573.503 SILT FENCE; TYPE HI L F 590 $2.00 $1,180.0022 2573.503 SEDIMENT CONTROL LOG TYPE WOOD FIBER L F 590 $2.50 $1,475.0023 2575.504 EROSION CONTROL BLANKETS CATEGORY 3N S Y 1,270 $2.50 $3,175.0024 2575.505 SEEDING ACRE 0 $6,000.00 $1,800.0025 2575.508 SEED MIXTURE 25-141 LB 2 $7.00 $14.0026 2575.508 SEEDING MIXTURE 25-151 LB 26 $7.50 $195.0027 2575.508 SEEDING MIXTURE 35-221 LB 2 $35.00 $70.0028 2582.503 4" SOLID LINE PAINT L F 152 $2.00 $304.00$704,489.00GRAND TOTAL BIDEngineer's EstimateUnit Price Total Price Unit Price Total Price Unit Price Total Price$25,775.00 $25,775.00 $30,000.00 $30,000.00 $85,000.00 $85,000.00$14.50 $1,087.50 $2.00 $150.00 $15.00 $1,125.00$29.00 $4,640.00 $2.00 $320.00 $12.00 $1,920.00$7,230.00 $7,230.00 $2,000.00 $2,000.00 $9,830.00 $9,830.00$35,000.00 $35,000.00 $2,500.00 $2,500.00 $42,240.00 $42,240.00$1,000.00 $1,000.00 $750.00 $750.00 $2,400.00 $2,400.00$2.00 $3,400.00 $5.00 $8,500.00 $3.00 $5,100.00$150.00 $10,800.00 $75.00 $5,400.00 $99.00 $7,128.00$59.50 $9,520.00 $40.00 $6,400.00 $55.00 $8,800.00$10.00 $3,000.00 $12.00 $3,600.00 $25.00 $7,500.00$100.25 $37,593.75 $160.00 $60,000.00 $167.00 $62,625.00$2,500.00 $2,500.00 $750.00 $750.00 $1,910.00 $1,910.00$5,500.00 $11,000.00 $750.00 $1,500.00 $4,190.00 $8,380.00$421,000.00 $421,000.00 $486,370.00 $486,370.00 $407,174.00 $407,174.00$305.00 $3,050.00 $1,000.00 $10,000.00 $384.00 $3,840.00$52.00 $3,900.00 $60.00 $4,500.00 $88.00 $6,600.00$115,700.00 $115,700.00 $100,000.00 $100,000.00 $116,655.00 $116,655.00$40.00 $20,920.00 $50.00 $26,150.00 $41.00 $21,443.00$14,250.00 $14,250.00 $500.00 $500.00 $3,300.00 $3,300.00$165.00 $330.00 $100.00 $200.00 $170.00 $340.00$5.00 $2,950.00 $3.00 $1,770.00 $6.00 $3,540.00$3.90 $2,301.00$3.00 $1,770.00 $4.00 $2,360.00$1.90 $2,413.00 $2.00 $2,540.00 $7.00 $8,890.00$1,115.00 $334.50 $3,000.00 $900.00 $550.00 $165.00$5.60 $11.20 $5.00 $10.00 $33.00 $66.00$5.60 $145.60 $5.00 $130.00 $7.00 $182.00$110.00 $220.00 $5.00 $10.00 $7.00 $14.00$2.80 $425.60 $15.00 $2,280.00 $3.00 $456.00$740,497.15 $759,000.00 $818,983.00Vinco, Inc.Minger Construction Companies, Inc.Veit & Company, Inc.Page 2 of 5K:\016643-000\Admin\Construction Admin\016643-000 CST Bid Tab_20201118.xlsx Bid TabulationWood Lake Lift Station ImprovementsCity of North Richfield, MNBid Opening: Wednesday, November 18, 2020 at 11:00 a.m. Local TimeWSB Project No. 016643-000DENOTES CORRECTED FIGURELine # Mat. # Item Units Qty Unit Price Total Price1 2021.501 MOBILIZATION LS 1 $45,000.00 $45,000.002 2104.503 REMOVE CURB AND GUTTER LF 75 $10.00 $750.003 2104.504 REMOVE BITUMINOUS PAVEMENT S Y 160 $8.00 $1,280.004 2104.601 REMOVE MISCELLANEOUS STRUCTURES LS 1 $2,000.00 $2,000.005 2105.601 DEWATERING LS 1 $30,000.00 $30,000.006 2105.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH 1 $1,200.00 $1,200.007 2106.507 EXCAVATION - COMMON C Y 1,700 $15.00 $25,500.008 2301.504 CONCRETE PAVEMENT 6" S Y 72 $150.00 $10,800.009 2360.604 BITUMINOUS PATCHING SY 160 $70.00 $11,200.0010 2411.507 GRANULAR BACKFILL (CV) C Y 300 $12.00 $3,600.0011 2503.503 18" PVC PIPE SEWER L F 375 $170.00 $63,750.0012 2503.602 CONNECT TO EXISTING SANITARY SEWER EACH 1 $2,000.00 $2,000.0013 2503.602 CONNECT INTO EXISTING DRAINAGE STRUCTURE EACH 2 $1,000.00 $2,000.0014 2506.601 CONSTRUCT LIFT STATION LS 1 $395,000.00 $395,000.0015 2506.603 CONSTRUCT 48" DIA SANITARY MANHOLE L F 10 $350.00 $3,500.0016 2531.503 CONCRETE CURB & GUTTER DESIGN B618 L F 75 $30.00 $2,250.0017 2545.601 CONSTRUCT ELECTRICAL AND SCADA LS 1 $90,000.00 $90,000.0018 2557.603 REMOVE AND REPLACE FENCINGLF 523 $2.00 $1,046.0019 2563.601 TRAFFIC CONTROL LS 1 $5,000.00 $5,000.0020 2573.502 STORM DRAIN INLET PROTECTION EACH 2 $200.00 $400.0021 2573.503 SILT FENCE; TYPE HI L F 590 $2.00 $1,180.0022 2573.503 SEDIMENT CONTROL LOG TYPE WOOD FIBER L F 590 $2.50 $1,475.0023 2575.504 EROSION CONTROL BLANKETS CATEGORY 3N S Y 1,270 $2.50 $3,175.0024 2575.505 SEEDING ACRE 0 $6,000.00 $1,800.0025 2575.508 SEED MIXTURE 25-141 LB 2 $7.00 $14.0026 2575.508 SEEDING MIXTURE 25-151 LB 26 $7.50 $195.0027 2575.508 SEEDING MIXTURE 35-221 LB 2 $35.00 $70.0028 2582.503 4" SOLID LINE PAINT L F 152 $2.00 $304.00$704,489.00GRAND TOTAL BIDEngineer's EstimateUnit Price Total Price Unit Price Total Price Unit Price Total Price$43,000.00 $43,000.00 $91,750.00 $91,750.00 $100,000.00 $100,000.00$8.00 $600.00 $5.00 $375.00 $25.00 $1,875.00$6.00 $960.00 $5.00 $800.00 $20.00 $3,200.00$500.00 $500.00 $5,000.00 $5,000.00 $7,500.00 $7,500.00$40,000.00 $40,000.00 $39,500.00 $39,500.00 $40,000.00 $40,000.00$2,000.00 $2,000.00 $1,185.00 $1,185.00 $4,200.00 $4,200.00$19.00 $32,300.00 $26.00 $44,200.00 $30.00 $51,000.00$138.00 $9,936.00 $102.00 $7,344.00 $200.00 $14,400.00$91.00 $14,560.00 $62.00 $9,920.00 $100.00 $16,000.00$26.00 $7,800.00 $42.00 $12,600.00 $40.00 $12,000.00$155.00 $58,125.00 $206.00 $77,250.00 $150.00 $56,250.00$9,750.00 $9,750.00 $2,940.00 $2,940.00 $2,500.00 $2,500.00$4,350.00 $8,700.00 $5,260.00 $10,520.00 $6,000.00 $12,000.00$517,200.00 $517,200.00 $467,500.00 $467,500.00 $450,000.00 $450,000.00$664.00 $6,640.00 $464.00 $4,640.00 $570.00 $5,700.00$42.00 $3,150.00 $48.00 $3,600.00 $60.00 $4,500.00$102,400.00 $102,400.00 $104,400.00 $104,400.00 $115,000.00 $115,000.00$39.00 $20,397.00 $38.00 $19,874.00 $42.00 $21,966.00$2,000.00 $2,000.00 $9,550.00 $9,550.00 $4,000.00 $4,000.00$150.00 $300.00 $190.00 $380.00 $300.00 $600.00$5.00 $2,950.00 $4.40 $2,596.00 $5.00 $2,950.00$4.00 $2,360.00$5.40 $3,186.00 $4.00 $2,360.00$2.00 $2,540.00 $2.00 $2,540.00 $2.00 $2,540.00$1,100.00 $330.00 $1,530.00 $459.00 $1,200.00 $360.00$6.00 $12.00 $5.00 $10.00 $10.00 $20.00$5.00 $130.00 $5.00 $130.00 $10.00 $260.00$110.00 $220.00 $16.00 $32.00 $120.00 $240.00$5.00 $760.00 $3.00 $456.00 $3.50 $532.00$889,620.00 $922,737.00 $931,953.00Geislinger and Sons, Inc. S. M. Hentges & Sons, Inc. RL Larson Excavating, IncPage 3 of 5K:\016643-000\Admin\Construction Admin\016643-000 CST Bid Tab_20201118.xlsx Bid TabulationWood Lake Lift Station ImprovementsCity of North Richfield, MNBid Opening: Wednesday, November 18, 2020 at 11:00 a.m. Local TimeWSB Project No. 016643-000DENOTES CORRECTED FIGURELine # Mat. # Item Units Qty Unit Price Total Price1 2021.501 MOBILIZATION LS 1 $45,000.00 $45,000.002 2104.503 REMOVE CURB AND GUTTER LF 75 $10.00 $750.003 2104.504 REMOVE BITUMINOUS PAVEMENT S Y 160 $8.00 $1,280.004 2104.601 REMOVE MISCELLANEOUS STRUCTURES LS 1 $2,000.00 $2,000.005 2105.601 DEWATERING LS 1 $30,000.00 $30,000.006 2105.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH 1 $1,200.00 $1,200.007 2106.507 EXCAVATION - COMMON C Y 1,700 $15.00 $25,500.008 2301.504 CONCRETE PAVEMENT 6" S Y 72 $150.00 $10,800.009 2360.604 BITUMINOUS PATCHING SY 160 $70.00 $11,200.0010 2411.507 GRANULAR BACKFILL (CV) C Y 300 $12.00 $3,600.0011 2503.503 18" PVC PIPE SEWER L F 375 $170.00 $63,750.0012 2503.602 CONNECT TO EXISTING SANITARY SEWER EACH 1 $2,000.00 $2,000.0013 2503.602 CONNECT INTO EXISTING DRAINAGE STRUCTURE EACH 2 $1,000.00 $2,000.0014 2506.601 CONSTRUCT LIFT STATION LS 1 $395,000.00 $395,000.0015 2506.603 CONSTRUCT 48" DIA SANITARY MANHOLE L F 10 $350.00 $3,500.0016 2531.503 CONCRETE CURB & GUTTER DESIGN B618 L F 75 $30.00 $2,250.0017 2545.601 CONSTRUCT ELECTRICAL AND SCADA LS 1 $90,000.00 $90,000.0018 2557.603 REMOVE AND REPLACE FENCINGLF 523 $2.00 $1,046.0019 2563.601 TRAFFIC CONTROL LS 1 $5,000.00 $5,000.0020 2573.502 STORM DRAIN INLET PROTECTION EACH 2 $200.00 $400.0021 2573.503 SILT FENCE; TYPE HI L F 590 $2.00 $1,180.0022 2573.503 SEDIMENT CONTROL LOG TYPE WOOD FIBER L F 590 $2.50 $1,475.0023 2575.504 EROSION CONTROL BLANKETS CATEGORY 3N S Y 1,270 $2.50 $3,175.0024 2575.505 SEEDING ACRE 0 $6,000.00 $1,800.0025 2575.508 SEED MIXTURE 25-141 LB 2 $7.00 $14.0026 2575.508 SEEDING MIXTURE 25-151 LB 26 $7.50 $195.0027 2575.508 SEEDING MIXTURE 35-221 LB 2 $35.00 $70.0028 2582.503 4" SOLID LINE PAINT L F 152 $2.00 $304.00$704,489.00GRAND TOTAL BIDEngineer's EstimateUnit Price Total Price$45,000.00 $45,000.00$11.00 $825.00$9.00 $1,440.00$25,000.00 $25,000.00$40,000.00 $40,000.00$3,200.00 $3,200.00$45.00 $76,500.00$220.00 $15,840.00$54.15 $8,664.00$66.00 $19,800.00$154.00 $57,750.00$6,600.00 $6,600.00$7,000.00 $14,000.00$575,000.00 $575,000.00$900.00 $9,000.00$65.00 $4,875.00$120,000.00 $120,000.00$30.00 $15,690.00$1,800.00 $1,800.00$200.00 $400.00$5.00 $2,950.00$6.00 $3,540.00$2.50 $3,175.00$1,810.00 $543.00$10.00 $20.00$10.00 $260.00$10.00 $20.00$15.00 $2,280.00$1,054,172.00PCi Roads, LLCPage 4 of 5K:\016643-000\Admin\Construction Admin\016643-000 CST Bid Tab_20201118.xlsx Bid TabulationWood Lake Lift Station ImprovementsCity of North Richfield, MNBid Opening: Wednesday, November 18, 2020 at 11:00 a.m. Local TimeWSB Project No. 016643-000DENOTES CORRECTED FIGURELine # Mat. # Item Units Qty Unit Price Total PriceEngineer's EstimateI hereby certify that this is an exact reproduction of bids received.Certified By: License No. 54301Date: November 18, 2020Unit Price Total PricePage 5 of 5K:\016643-000\Admin\Construction Admin\016643-000 CST Bid Tab_20201118.xlsx AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.H. STAFF REPORT NO. 159 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: S cott K ulzer, A dministrative A ide/A nalyst D E PA RTM E NT D IRE C TOR RE V IE W: K ristin A sher, P ublic Works D irector/C ity E ngineer 11/30/2020 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 12/1/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider the appr oval of a contract with Minnesota D irt W orks in the amount of $123,456.00 for the Christian Par k pond dredging project. E X E C UT IV E S UM M ARY: Richfield P ublic W orks Stormwater Utility division initiated this project to remove “regulated” sediment per the Minnesota Pollution Control Agenc y (MPC A) definition from the pond in Christian Park. Sediment c ores were taken where sediment will be removed in the basin and it is estimated that approximately 1600 tons of MP C A regulated material will be removed. All dredged material shall be hauled and disposed of by the contractor in a landfill facility permitted to accept MP C A regulated dredged materials or shall be hauled and disposed of by the c ontrac tor at a site with an industrial land use c lassification that is selected by the contrac tor and approved by the City. Other maintenance and modific ation activities inc lude installation of a new outlet struc ture, riprap and filter at the ends of all inlets and the outlet, and minor c learing and grubbing. RE C O M M E ND E D AC T IO N: By motion: Approve the contract with Minnesota Dirt W orks in the amount of $123,456.00 for the Christian Par k pond dredging project. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT Christian Pond is part of the City's stormwater treatment system. Runoff from carrying sediment is deposited in treatment ponds. Over time the sediment builds up and needs to be removed as part of regular maintenanc e. This will be the first signific ant dredging of Christian Pond. See executive summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Performing stormwater pond maintenance fulfills requirements set forth in the City 's MS4 permit and S tormwater Pollution Prevention Plan (S W P P P). Contracts estimated to have a value over $175,000 must be made by sealed bids, solicited by public notice, and awarded to the lowest responsible bidder. C.C R IT IC AL T IMIN G ISSU E S: Award of the projec t at this time will allow c ontrac tors to begin the work over the winter months which will allow for projec t c ompletion prior to spring. D.F IN AN C IAL IMPAC T: The C ity rec eived and tabulated 18 bids and the projec t c onsultant (B arr Engineering) checked the bid results following the public bid opening. Barr ’s review of the bids resulted in changes to the total bid amount for 6 of the 18 contractor bids, however, the changes resulted in no differences to the order of the three lowest bidders. Bids ranged from $117,458.50 to $234,075.00. Following the bid opening, the apparent low bidder, Standard Contracting (Standard), indic ated that they had a mistake in their bid. This mistake made Standard’s bid pric e much lower than it should have been and Standard requested to withdraw their bid from c onsideration and to forgive the bid bond. After consultation with the City Attorney, the City is allowing Standard to withdraw their bid and will forgive the bid bond. The City will award the project to the next lowest, responsive bidder whic h is Minnesota Dirt W orks. The Engineer ’s Estimate for the projec t was $180,000. City staff and B arr believe the number of contractors seeking winter work led to a high number of very competitive bids whic h drove the project costs down. Funding for the C hristian Park pond dredging projec t is inc luded in the 2021 budget and will be funded through stormwater user fees. E.L E GAL C ON S ID E R AT ION : T he bid opening held on November 19, 2020 was in accordance with legal requirements. The ad for bid was published October 29 in the Sun Current. The C ity Attorney will be available for questions. ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type B id Tab B ackup Materi al C hristian P ond A erial E xhibit Barr Engineering Co. 4300 MarketPointe Drive, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com Memorandum To: Michael Peterson, City of Richfield From: Josh Phillips, Barr Engineering Co. Subject: Recommendation for Bid Award Date: November 24, 2020 Project: Christian Park Pond Maintenance and Improvement Project c: Steve Klein, Barr Engineering Co. Barr Engineering Co. (Barr) attended and assisted the City of Richfield with a public bid opening for the Christian Park Pond Maintenance and Improvement project on November 19, 2020. The city received 18 bids for the project and Barr tabulated and checked the bid results following the public bid opening. Barr’s review of the bids resulted in changes to the total bid amount for 6 of the 18 contractor bids, however, the changes resulted in no differences to the order of the three lowest bidders. Following the bid opening, the apparent low bidder, Standard Contracting (Standard), indicated that they had a mistake in their bid. Their mistake was on the bid price for the sediment disposal. The project specifications stated that the disposal should be handled and bid as hazardous material. Standard bid the sediment disposal as regular material not hazardous. This mistake made Standard’s bid price much lower than it would have been if it was bid as hazardous material. Standard requested to withdraw their bid from consideration and to forgive the bid bond. After consultation with the City Attorney, the City is allowing Standard to withdraw their bid and will forgive the bid bond. The City will award the project to the next lowest, responsive bidder. Barr recommends awarding the Christian Park Pond Maintenance and Improvement Project to Minnesota Dirt Works for $123,456.00. The bid results summary table and full bid tabulation are enclosed. Contractor Name 5% Bid Bond Addenda Acknowledged Bid Signed Americans with Disabilities Act Affidavit of Information and Non-Collusion Statement of Intent to Comply with EEO Requirements Responsible Contractor Certificate Base Bid Amount Order Standard Contracting yes 1, 2 yes yes yes yes yes $117,458.50 1 Minnesota Dirt Works yes 1, 2 yes yes yes yes yes $123,456.00 2 Dryden Excavating yes 1, 2 yes yes yes yes yes $124,863.51 3 Sunram Construction, Inc.yes 1, 2 yes no yes yes yes $133,551.00 4 Kevitt Excavating yes 1, 2 yes yes yes yes yes $136,700.00 5 Nadeau Companies yes 1, 2 yes yes yes yes yes $148,216.00 6 US SiteWork yes 1, 2 yes yes yes yes yes $148,648.00 7 Rachel Contracting, LLC yes 1, 2 yes yes yes yes yes $149,610.00 8 New Look Contracting, Inc.yes 1, 2 yes yes yes yes yes $153,810.00 9 Peterson Companies yes 1, 2 yes yes yes yes yes $156,438.00 10 JACON LLC yes 1, 2 yes yes yes yes yes $158,425.00 11 Fitzgerald Excavating yes 1, 2 no yes yes yes yes $161,960.00 12 BKJ Excavating yes 1, 2 yes yes yes yes yes $163,390.76 13 Schneider Excavating and Grading, Inc.yes 1, 2 yes yes yes yes yes $163,636.00 14 Minger Construction Co., Inc.yes 1, 2 yes yes yes yes yes $167,091.00 15 Frattalone Companies, Inc.yes 1, 2 yes yes yes yes yes $184,575.00 16 Blackstone Contractors LLC yes 1, 2 yes yes yes yes yes $193,257.00 17 Veit & Company yes 1, 2 yes yes no yes yes $234,075.00 18 indicates discrepancy Bid Results Summary Table City of Richfield - Bid #20-05, Contract #2853 Christian Park Pond Maintenance and Improvement Project Bid Opening: November 19, 2020 - 10:00 a.m. 2 of 3 +Bid_Abstract_Christian_Park_Pond.xlsx Item Description Unit Estimated Quantity Average Unit Prices Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension 1.06A Project Mobilization/Demobilization L.S.1 14,009.73 6,975.00 6,975.00 6,800.00 6,800.00 5,400.00 5,400.00 8,450.00 8,450.00 5,511.20 5,511.20 11,000.00 11,000.00 31,000.00 31,000.00 20,925.00 20,925.00 10,000.00 10,000.00 14,700.00 14,700.00 1.06B Clear and Grub Trees and Brush L.S.1 7,133.28 6,050.00 6,050.00 5,500.00 5,500.00 6,300.00 6,300.00 6,500.00 6,500.00 7,100.00 7,100.00 5,100.00 5,100.00 5,995.00 5,995.00 6,800.00 6,800.00 6,000.00 6,000.00 5,310.00 5,310.00 1.06C Erosion and Sediment Control Construction Entrance Each 2 1,926.33 2,150.00 4,300.00 835.00 1,670.00 2,000.00 4,000.00 850.00 1,700.00 1,400.00 2,800.00 2,800.00 5,600.00 1,485.00 2,970.00 1,600.00 3,200.00 1,000.00 2,000.00 2,500.00 5,000.00 1.06D Street Sweeping L.S.1 1,661.39 975.00 975.00 250.00 250.00 3,900.00 3,900.00 500.00 500.00 1,000.00 1,000.00 1,200.00 1,200.00 850.00 850.00 1,500.00 1,500.00 1,000.00 1,000.00 2,490.00 2,490.00 1.06E Inlet Protection Each 4 193.76 160.00 640.00 125.00 500.00 200.00 800.00 150.00 600.00 300.00 1,200.00 170.00 680.00 171.00 684.00 300.00 1,200.00 2.50 10.00 328.00 1,312.00 1.06F Erosion Control Siltation Logs L.F.300 4.03 2.85 855.00 3.00 900.00 4.25 1,275.00 4.00 1,200.00 3.80 1,140.00 3.00 900.00 2.80 840.00 3.75 1,125.00 4.00 1,200.00 4.70 1,410.00 1.06G Floatation Silt Curtain L.F.130 18.56 8.30 1,079.00 19.00 2,470.00 15.50 2,015.00 20.00 2,600.00 23.40 3,042.00 20.00 2,600.00 20.00 2,600.00 30.00 3,900.00 17.00 2,210.00 20.60 2,678.00 1.06H Silt Fence L.F.50 6.15 7.75 387.50 6.00 300.00 2.75 137.50 5.00 250.00 9.10 455.00 4.00 200.00 6.20 310.00 7.00 350.00 12.00 600.00 6.40 320.00 1.06I Control of Water, Dewatering L.S.1 8,316.94 3,875.00 3,875.00 8,200.00 8,200.00 2,000.00 2,000.00 4,600.00 4,600.00 8,450.00 8,450.00 3,200.00 3,200.00 6,960.00 6,960.00 9,200.00 9,200.00 12,000.00 12,000.00 7,520.00 7,520.00 1.06J Site Grading L.S.1 4,983.56 1,300.00 1,300.00 1,700.00 1,700.00 2,424.00 2,424.00 925.00 925.00 6,900.00 6,900.00 4,000.00 4,000.00 1,565.00 1,565.00 4,750.00 4,750.00 3,000.00 3,000.00 5,320.00 5,320.00 1.06K Mn/DOT Class III Rip Rap/with Filter Fabric Ton 130 80.32 75.00 9,750.00 71.40 9,282.00 80.00 10,400.00 79.00 10,270.00 94.60 12,298.00 42.00 5,460.00 76.50 9,945.00 84.00 10,920.00 100.00 13,000.00 82.00 10,660.00 1.06L Pond Dredging of MPCA Regulated Material Ton 1,490 10.73 5.95 8,865.50 4.50 6,705.00 4.75 7,077.50 10.00 14,900.00 7.30 10,877.00 16.00 23,840.00 7.50 11,175.00 3.00 4,470.00 18.00 26,820.00 5.40 8,046.00 1.06M Disposal of MPCA Regulated Excavated Material at a Landfill Ton 1,490 25.63 16.35 24,361.50 28.40 42,316.00 24.00 35,760.00 24.50 36,505.00 23.90 35,611.00 29.00 43,210.00 22.00 32,780.00 28.00 41,720.00 27.00 40,230.00 24.80 36,952.00 1.06N Boulevard Topsoil Borrow Ton 90 34.99 60.00 5,400.00 32.00 2,880.00 20.00 1,800.00 35.50 3,195.00 24.00 2,160.00 21.00 1,890.00 34.50 3,105.00 29.00 2,610.00 40.00 3,600.00 45.00 4,050.00 1.06O Traffic Control L.S.1 2,046.67 1,075.00 1,075.00 900.00 900.00 1,320.00 1,320.00 2,000.00 2,000.00 820.00 820.00 1,300.00 1,300.00 1,640.00 1,640.00 350.00 350.00 1,250.00 1,250.00 1,270.00 1,270.00 1.06P Site Cleanup and Restoration L.S.1 4,091.28 925.00 925.00 1,050.00 1,050.00 0.01 0.01 1,880.00 1,880.00 4,420.00 4,420.00 4,000.00 4,000.00 878.00 878.00 2,500.00 2,500.00 3,000.00 3,000.00 9,330.00 9,330.00 1.06Q Remove and Dispose 30-Inch RCP L.F.32 42.50 40.50 1,296.00 30.25 968.00 27.00 864.00 17.00 544.00 74.40 2,380.80 21.00 672.00 32.00 1,024.00 30.00 960.00 25.00 800.00 30.75 984.00 1.06R 30-inch Class III RCP L.F.16 158.12 169.00 2,704.00 110.00 1,760.00 108.00 1,728.00 102.00 1,632.00 150.00 2,400.00 154.00 2,464.00 146.00 2,336.00 160.00 2,560.00 100.00 1,600.00 116.00 1,856.00 1.06S 30-inch RCP FES with Haala Bull Nose Trashrack Each 1 4,189.61 3,575.00 3,575.00 3,375.00 3,375.00 4,285.00 4,285.00 8,025.00 8,025.00 3,700.00 3,700.00 5,100.00 5,100.00 3,455.00 3,455.00 1,200.00 1,200.00 4,000.00 4,000.00 4,440.00 4,440.00 1.06T 72-Inch Outlet Control Structure L.S.1 15,503.61 16,575.00 16,575.00 14,450.00 14,450.00 16,715.00 16,715.00 13,300.00 13,300.00 14,270.00 14,270.00 13,670.00 13,670.00 16,330.00 16,330.00 12,800.00 12,800.00 18,000.00 18,000.00 14,100.00 14,100.00 1.06U 48-inch Class III RCP L.F.8 322.54 365.00 2,920.00 222.50 1,780.00 228.00 1,824.00 300.00 2,400.00 230.00 1,840.00 280.00 2,240.00 327.00 2,616.00 350.00 2,800.00 250.00 2,000.00 235.00 1,880.00 1.06V 48-inch to 30-inch Class III RCP Reducer L.S.1 5,145.50 5,550.00 5,550.00 4,100.00 4,100.00 8,100.00 8,100.00 3,415.00 3,415.00 2,430.00 2,430.00 1,290.00 1,290.00 3,395.00 3,395.00 4,700.00 4,700.00 2,500.00 2,500.00 3,080.00 3,080.00 1.06W Protect or Remove and Replace Bituminous Trail L.S.1 3,271.39 600.00 600.00 1,400.00 1,400.00 2,500.00 2,500.00 500.00 500.00 1,310.00 1,310.00 2,100.00 2,100.00 1,435.00 1,435.00 1,750.00 1,750.00 4,000.00 4,000.00 3,190.00 3,190.00 1.06X Wetland Seeding with Flexterra Mulch Acre 0.2 8,525.00 12,750.00 2,550.00 6,000.00 1,200.00 5,000.00 1,000.00 13,300.00 2,660.00 6,550.00 1,310.00 14,000.00 2,800.00 6,800.00 1,360.00 12,050.00 2,410.00 10,000.00 2,000.00 19,700.00 3,940.00 1.06Y Upland Seeding with Flexterra Mulch Acre 0.5 7,122.22 9,750.00 4,875.00 6,000.00 3,000.00 4,000.00 2,000.00 10,000.00 5,000.00 6,550.00 3,275.00 13,000.00 6,500.00 6,800.00 3,400.00 9,820.00 4,910.00 4,000.00 2,000.00 13,200.00 6,600.00 117,458.50 123,456.00 123,625.01 133,551.00 136,700.00 151,016.00 148,648.00 149,610.00 162,820.00 156,438.00 124,863.51 148,216.00 153,810.00 -1,238.50 -2,800.00 -9,010.00 New Look Contracting, Inc.DISCREPANCIES Bid Form Base Bid Reads: Difference: Dryden Excavating Nadeau Companies Peterson Companies TOTAL BASE BID Christian Park Pond Maintenance and Improvement Project City of Richfield - Bid #20-05, Contract #2853 Bid Opening: November 19, 2020 - 10:00 a.m. Dryden Excavating US SiteWorkSunram Construction, Inc.Nadeau CompaniesStandard Contracting Minnesota Dirt Works Kevitt Excavating Rachel Contracting, LLc New Look Contracting, Inc. 3 of 3 +Bid_Abstract_Christian_Park_Pond.xlsx Item Description Unit Estimated Quantity Average Unit Prices 1.06A Project Mobilization/Demobilization L.S.1 14,009.73 1.06B Clear and Grub Trees and Brush L.S.1 7,133.28 1.06C Erosion and Sediment Control Construction Entrance Each 2 1,926.33 1.06D Street Sweeping L.S.1 1,661.39 1.06E Inlet Protection Each 4 193.76 1.06F Erosion Control Siltation Logs L.F.300 4.03 1.06G Floatation Silt Curtain L.F.130 18.56 1.06H Silt Fence L.F.50 6.15 1.06I Control of Water, Dewatering L.S.1 8,316.94 1.06J Site Grading L.S.1 4,983.56 1.06K Mn/DOT Class III Rip Rap/with Filter Fabric Ton 130 80.32 1.06L Pond Dredging of MPCA Regulated Material Ton 1,490 10.73 1.06M Disposal of MPCA Regulated Excavated Material at a Landfill Ton 1,490 25.63 1.06N Boulevard Topsoil Borrow Ton 90 34.99 1.06O Traffic Control L.S.1 2,046.67 1.06P Site Cleanup and Restoration L.S.1 4,091.28 1.06Q Remove and Dispose 30-Inch RCP L.F.32 42.50 1.06R 30-inch Class III RCP L.F.16 158.12 1.06S 30-inch RCP FES with Haala Bull Nose Trashrack Each 1 4,189.61 1.06T 72-Inch Outlet Control Structure L.S.1 15,503.61 1.06U 48-inch Class III RCP L.F.8 322.54 1.06V 48-inch to 30-inch Class III RCP Reducer L.S.1 5,145.50 1.06W Protect or Remove and Replace Bituminous Trail L.S.1 3,271.39 1.06X Wetland Seeding with Flexterra Mulch Acre 0.2 8,525.00 1.06Y Upland Seeding with Flexterra Mulch Acre 0.5 7,122.22 DISCREPANCIES Bid Form Base Bid Reads: Difference: TOTAL BASE BID Christian Park Pond Maintenance and Improvement Project City of Richfield - Bid #20-05, Contract #2853 Bid Opening: November 19, 2020 - 10:00 a.m. Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension 12,614.00 12,614.00 8,000.00 8,000.00 9,800.00 9,800.00 16,000.00 16,000.00 17,500.00 17,500.00 24,500.00 24,500.00 20,000.00 20,000.00 23,000.00 23,000.00 8,844.00 8,844.00 15,500.00 15,500.00 9,000.00 9,000.00 10,000.00 10,000.00 5,150.00 5,150.00 7,280.00 7,280.00 6,250.00 6,250.00 5,720.00 5,720.00 1,500.00 3,000.00 800.00 1,600.00 1,000.00 2,000.00 5,054.00 10,108.00 2,500.00 5,000.00 2,400.00 4,800.00 2,000.00 4,000.00 2,800.00 5,600.00 1,500.00 1,500.00 1,000.00 1,000.00 800.00 800.00 1,500.00 1,500.00 2,500.00 2,500.00 2,640.00 2,640.00 4,000.00 4,000.00 2,300.00 2,300.00 300.00 1,200.00 150.00 600.00 4.25 17.00 350.00 1,400.00 140.00 560.00 319.00 1,276.00 150.00 600.00 168.00 672.00 3.00 900.00 3.00 900.00 4.00 1,200.00 5.00 1,500.00 6.00 1,800.00 3.10 930.00 4.00 1,200.00 8.25 2,475.00 6.00 780.00 17.00 2,210.00 20.00 2,600.00 20.00 2,600.00 17.00 2,210.00 20.75 2,697.50 15.00 1,950.00 24.50 3,185.00 2.25 112.50 3.00 150.00 5.00 250.00 8.00 400.00 6.00 300.00 5.20 260.00 7.00 350.00 8.00 400.00 15,000.00 15,000.00 10,000.00 10,000.00 5,000.00 5,000.00 10,000.00 10,000.00 10,000.00 10,000.00 8,700.00 8,700.00 15,000.00 15,000.00 10,000.00 10,000.00 10,480.00 10,480.00 8,000.00 8,000.00 1,800.00 1,800.00 5,000.00 5,000.00 6,500.00 6,500.00 8,240.00 8,240.00 5,000.00 5,000.00 12,800.00 12,800.00 100.00 13,000.00 80.00 10,400.00 68.00 8,840.00 80.00 10,400.00 91.00 11,830.00 75.25 9,782.50 85.00 11,050.00 82.00 10,660.00 8.00 11,920.00 22.00 32,780.00 12.00 17,880.00 6.70 9,983.00 11.00 16,390.00 11.10 16,539.00 10.00 14,900.00 30.00 44,700.00 25.00 37,250.00 22.00 32,780.00 25.90 38,591.00 25.00 37,250.00 30.00 44,700.00 22.50 33,525.00 33.00 49,170.00 30.00 44,700.00 25.00 2,250.00 15.00 1,350.00 27.40 2,466.00 50.00 4,500.00 21.00 1,890.00 49.50 4,455.00 50.00 4,500.00 51.00 4,590.00 1,000.00 1,000.00 15,000.00 15,000.00 400.00 400.00 1,400.00 1,400.00 2,000.00 2,000.00 1,740.00 1,740.00 2,000.00 2,000.00 1,375.00 1,375.00 3,500.00 3,500.00 4,000.00 4,000.00 2,000.00 2,000.00 5,000.00 5,000.00 6,000.00 6,000.00 13,860.00 13,860.00 3,500.00 3,500.00 7,800.00 7,800.00 20.00 640.00 30.00 960.00 135.31 4,329.92 30.00 960.00 64.00 2,048.00 78.75 2,520.00 39.00 1,248.00 40.00 1,280.00 145.00 2,320.00 120.00 1,920.00 362.17 5,794.72 131.00 2,096.00 148.00 2,368.00 247.00 3,952.00 146.00 2,336.00 232.00 3,712.00 5,565.00 5,565.00 3,600.00 3,600.00 2,700.00 2,700.00 3,393.00 3,393.00 3,500.00 3,500.00 4,670.00 4,670.00 4,830.00 4,830.00 6,000.00 6,000.00 16,850.00 16,850.00 11,000.00 11,000.00 20,395.00 20,395.00 13,000.00 13,000.00 12,750.00 12,750.00 14,810.00 14,810.00 23,715.00 23,715.00 16,335.00 16,335.00 300.00 2,400.00 220.00 1,760.00 651.25 5,210.00 258.00 2,064.00 250.00 2,000.00 491.00 3,928.00 341.00 2,728.00 507.00 4,056.00 10,000.00 10,000.00 900.00 900.00 10,417.04 10,417.04 6,432.00 6,432.00 5,250.00 5,250.00 6,930.00 6,930.00 9,930.00 9,930.00 4,200.00 4,200.00 6,500.00 6,500.00 8,000.00 8,000.00 5,000.00 5,000.00 2,000.00 2,000.00 1,200.00 1,200.00 2,900.00 2,900.00 1,500.00 1,500.00 13,000.00 13,000.00 5,000.00 1,000.00 4,000.00 800.00 5,000.00 1,000.00 9,500.00 1,900.00 5,400.00 1,080.00 5,200.00 1,040.00 5,000.00 1,000.00 8,200.00 1,640.00 3,000.00 1,500.00 4,500.00 2,250.00 5,000.00 2,500.00 9,500.00 4,750.00 5,130.00 2,565.00 5,200.00 2,600.00 5,000.00 2,500.00 7,750.00 3,875.00 170,125.50 175,460.00 159,990.68 163,636.00 167,091.00 184,575.00 193,257.00 234,075.00 158,425.00 161,960.00 163,390.76 -11,700.50 -13,500.00 3,400.08 Jacon LLC Fitzgerald Excavating BKJ Excavating Minger Construction Co., Inc.Frattalone Companies, Inc.Blackstone Contractors, LLCJacon LLC Fitzgerald Excavating BKJ Excavating Veit & CompanySchneider Excavating and Trucking, Inc. Christian Pond Dredging Project (2021) 70th Street B l o o m i n g t o n A v e AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.I. STAFF REPORT NO. 160 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: K ari S i nni ng, D eputy C ity C lerk D E PA RTM E NT D IRE C TOR RE V IE W: E lizabeth VanHoose, C ity C lerk 12/2/2020 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 12/2/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider the adoption of a resolution designating polling places for 2021. E X E C UT IV E S UM M ARY: Minnesota Statute section 204B.16, subd 1 requires the C ity Council, by ordinanc e or resolution, to designate polling places for the upc oming year by D ec ember 31. RE C O M M E ND E D AC T IO N: By motion: Adopt a resolution designating polling places for 2021. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT This is an annual requirement that was passed in the 2017 legislative session. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Minnesota S tatute sec tion 204B.16, subd 1 requires the City Council, by ordinance or resolution, to designate polling plac es for the upcoming y ear by December 31. C.C R IT IC AL T IMIN G ISSU E S: Must be approved by December 31. D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION : None ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: N/A AT TAC H ME N TS : D escripti on Type P olling L ocati on D esignation Resolution Resolution L etter RESOLUTION NO. RESOLUTION DESIGNATING POLLING PLACES FOR 2021 WHEREAS, Minnesota Statute 204B.16, subd 1 requires the City Council, by ordinance or resolution, to designate polling places for the upcoming year; and WHEREAS, changes to the polling places locations may be made at least 90 days before the next election if one or more of the authorized polling places becomes unavailable for use; and WHEREAS, changes to the polling place locations may be made in the case of an emergency when it is necessary to ensure a safe and secure location for voting; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Richfield hereby designates the following polling places for elections conducted in the city in 2021; Precinct No. 1 Mt. Calvary Education Building Ward 3 6541 16th Avenue Precinct No. 2 St. Peter's Catholic Church Ward 2 6730 Nicollet Avenue Precinct No. 3 Sheridan Hills School Ward 1 6400 Sheridan Avenue Precinct No. 4 St. Richard's Catholic Church Ward 1 7540 Penn Avenue Precinct No. 5 Richfield Middle School Ward 1 7461 Oliver Avenue Precinct No. 6 Central School Building Ward 2 7145 Harriet Avenue Precinct No. 7 Hope Presbyterian Education Facility Ward 2 7132 Portland Avenue Precinct No. 8 Richfield Dual Language School (RDLS) Ward 3 7001 Elliot Avenue Precinct No. 9 Centennial School Ward 3 7315 Bloomington Avenue NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the nine locations listed above are the designated 2021 polling locations in Richfield. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of December, 2020. ____________________________ Maria Regan Gonzalez, Mayor ATTEST: _________________________ Elizabeth VanHoose, City Clerk AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #7. STAFF REPORT NO. 179 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: Melissa P oehlman, A sst. C ommunity D evelopment D irector D E PA RTM E NT D IRE C TOR RE V IE W: J ohn S tark, C ommunity D evelopment D i rector 12/1/2020 O TH E R D E PA RTM E NT RE V IE W: C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 12/1/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Conduct a public hearing and consider a second reading of an ordinance establishing a nine-month moratorium on the development of certain pr operties in the vicinity of Veteran's Park. The moratorium would apply to pr operties that are guided for Medium and High Density R esidential or C ommercial use in the 2040 R ichfield Comprehensive Plan. E X E C UT IV E S UM M ARY: Veteran's Park is an important community asset, providing year-round recreational opportunities for Richfield residents and visitors. The 108-ac re park includes important fac ilities (ice arena, pool, mini-golf, band shell), as well as as natural space, and the Veteran's Memorial. The City's Comprehensive Plan guides land uses along the edge of the Park, along Portland Avenue and 66th Street, as a mix of low to high density residential and community commercial, but provides no spec ific guidanc e for how these parcels relate to the Park itself. The American Legion (Legion) owns a large piece of property that essentially extends into the Park. As the Legion prepares to sell this property, staff has begun considering how the redevelopment of this parcel, and others nearby, could be done in a way that would be complimentary to the Park - adding value to any potential redevelopment and also to one of the City's most popular destinations. Staff is recommending that the C ity Council conduc t a planning study of the area along Portland Avenue between Highway 62 and 67th Street and 66th Street between 5th Avenue and approximately 11th Avenue. The study would provide an opportunity for additional policy maker and community engagement to better inform redevelopment goals. I n order to conduct this study, staff rec ommends a 9-month moratorium on properties with a P lanned Land Use designation of Medium Density Residential, High D ensity Residential, or Community C ommercial in the 2040 Comprehensive Plan. W ithout a moratorium, development could occur in this area that satisfies the minimum requirements of the Zoning Code, but does not meet the intent or long- term goals of the C ity. The likely outc ome of a study would be a recommendation for either zoning modification though adoption of an Overlay District, similar to what has been done for the Penn Avenue Corridor, or design guidelines. I n either case, the purpose would be to ensure that private and public investments in the area work together for mutual benefit. RE C O M M E ND E D AC T IO N: Conduct and close a public hearing and by motion: Approve a second reading of the attached ordinance establishing a nine-month moratorium on the development of pr operties in the vicinity of Veteran's Par k that are guided for Medium or High Density Residential, or C ommercial use in the 2040 Comprehensive Plan. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT Planned land use designations in Veteran's Park area have changed only slightly over the past 25 years, modestly expanding and contracting the c ommercial areas at the 66th & Portland interchange and vary ing residential densities along both streets. The Legion site has been guided for higher density housing since 1997. The home at 6505 Portland Avenue was built in 1935. The Legion and the Morris Nilson Funeral Chapel were c onstruc ted in 1956 and 1958, respectively. The C ity most recently studied the 66th Street portion of the proposed study area in partnership with Hennepin County, prior to the road reconstruction (2011). I dentified next steps inc luded continued collaboration with property owners in the area of Veteran's P ark to strengthen the relationship between public and private spac es. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): State Law allows cities to adopt interim ordinances for the purposes of protecting the planning process and the health, safety, and welfare of its citizens. Although not required by Statute, the City is holding this public hearing and has notified affected property owners. I f approved, the moratorium may be rescinded at any time. C.C R IT IC AL T IMIN G ISSU E S: There is a potential for the submittal of land use or building permit applications whic h do not meet the intent or long-term goals of the City for this area. I t is likely that the Legion site will be sold for redevelopment in the near future. The C ity does not wish to unduly delay a sale or the redevelopment of this parc el or any other within the planning study area; however, it is important to take a closer look at our current regulations and whether or not they provide suffic ient guidance to ac hieve c ommunity goals for the area. D.F IN AN C IAL IMPAC T: Staff spoke with several planning firms about the potential study and ultimately requested proposals from two firms. A contract with Hoisington Koegler Group, I nc . is being prepared. E.L E GAL C ON S ID E R AT ION : The attac hed ordinanc e has been reviewed by the City Attorney. ALT E R N AT IV E R E C O MME N D AT IO N(S): Reject the attached ordinance adopting a moratorium to study of the land use c ontrols in the Veterans Park Area. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Affected land owners AT TAC H ME N TS : D escripti on Type Ordinance Ordinance Map - Moratori um A rea E xhibit CITY OF RICHFIELD STATE OF MINNESOTA TRANSITORY ORDINANCE NO. _______ AN ORDINANCE ESTABLISHING A NINE-MONTH MORATORIUM ON THE DEVELOPMENT OF CERTAIN PROPERTIES IN THE VINICITY OF VETERANS MEMORIAL PARK THAT ARE GUIDED FOR MEDIUM DENSITY RESIDENTIAL, HIGH DENSITY RESIDENTIAL, OR COMMUNITY COMMERCIAL USE IN THE 2040 RICHFIELD COMPREHENSIVE PLAN, AND DIRECTING THAT A PLANNING STUDY BE CONDUCTED THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background. 1.01. The 2040 Richfield Comprehensive Plan (“Comprehensive Plan”) describes Veterans Memorial Park as one of the City’s most popular parks and a destination park drawing in people from the surrounding metro area. 1.02. The Comprehensive Plan identifies the need for additional study of a Community Center strategy to weigh costs and benefits of a potential community center, potential locations, and more. 1.03. The 66th Street Corridor Plan (“66th Street Plan”) identifies a need for continued exploration of public/private partnerships, synergy of future uses with adjacent neighborhoods, and a strategic vision to strengthen development along East 66th Street. 1.04. The City has not studied or adopted any zoning or design regulations specific to the Veterans Memorial Park area that would effectuate the synergy and strengthened relationship contemplated by these plans, nor has the City further explored a potential Community Center as described in the Comprehensive Plan. 1.05. The Comprehensive Plan guides certain parcels of land in the vicinity of Veterans Memorial Park as Medium Density Residential, High Density Residential, or Community Commercial. 1.06. Some of the land within the area of Veterans Memorial Park that is guided for Medium Density Residential, High Density Residential, or Community Commercial use in the Comprehensive Plan is presently zoned R – Low- Density Residential. 1.07. At the present time there is no zoning classification, overlay district regulations, or design guidelines that appropriately correspond to the type of development contemplated in the Veterans Memorial Park Area. 1.08. Minnesota Statutes Section 473.865, subdivision 3 requires that official controls, such as zoning codes, that are inconsistent with the Comprehensive Plan be amended within nine months of adoption of the Comprehensive Plan so as not to conflict with the Comprehensive Plan. 1.09. The City has received more than one inquiry about potential redevelopment of property within the Veterans Memorial Park Area that further evidences the need for the City to bring its official controls into conformance with its Comprehensive Plan. 1.10. The lack of an adequate and available zoning classification that corresponds to the desire for a complementary development is a barrier to staged and orderly implementation of the Comprehensive Plan and is contrary to the fundamental precepts of orderly municipal planning. 1.11. The public interest will be harmed if piecemeal development is permitted to continue according to zoning standards that conflict with the stated goals of the Comprehensive Plan. 1.12. The City Council has determined a need to undertake a study to determine the appropriate zoning controls for the land in the Veterans Memorial Park area that is guided for Medium Density Residential, High Density Residential, or Community Commercial use. 1.13. Upon completion of the study, the City Council, together with such city commissions as the City Council deems appropriate or as may be required by law, will consider the advisability of amending certain official controls, which may include the City’s Comprehensive Plan, zoning ordinance, and capital improvement program, or other official controls. 1.14. Minnesota Statutes, Section 462.355, subdivision 4 allows the City to adopt an interim ordinance for the purpose of protecting the planning process and the health, safety, and welfare of its citizens. Sec. 2. Findings. 2.01 The City Council finds that it is necessary to conduct planning studies to determine the appropriate land use controls that should apply to properties that meet all of the following characteristics: a. The lands have a Comprehensive Plan land use guide plan designation of Medium Density Residential, High Density Residential, or Community Commercial; and b. The lands are located within the Veterans Memorial Park Area, which is defined as that area lying along Portland Avenue between Highway 62 to the North and 67th Street to the South, and along 66th Street East from 5th Avenue to 11th Avenue, including properties on the east side of 11th Avenue; 2.02 The purpose of the studies to be conducted includes, but is not limited to determining the appropriate land use and development standards that should apply to such property and determining the appropriate changes, if any that should be made to the City’s official land use controls, including but not limited to the City’s Zoning Ordinance, Comprehensive Plan and Capital Improvement Program. 2.03 The City Council finds that there is a need to adopt a moratorium ordinance for a portion of the City to prevent development within the Moratorium Area as shown in Exhibit A, while the studies referenced in section 2.01 are conducted. 2.04 The City Council finds that this moratorium should apply to the following types of land use applications, as more specifically described at section 3.02 below: requests for rezoning, subdivisions, conditional use permits, site plan review, and building permits for construction in excess of 500 square feet, all signs, or exterior remodeling. Sec. 3. Planning Study: Moratorium. 3.01. A study is authorized to be conducted by City staff, to be followed by consideration of potential changes to the city’s official land use controls by the City Council and such other commissions of the City as required by law or as directed by the City Council. 3.02. Pending completion of the study and adoption of any amendments to the City’s official controls, a moratorium is established on the issuance of City approvals for the properties in the Moratorium Area, as provided in this section: a. Except as provided at paragraph c of this section 3.02, no building permit may be issued (I) for the expansion of any existing use in the Moratorium Area, where the expansion is greater than 500 square feet, or (ii) for the establishment of a new use; or (iii) for exterior remodeling or façade improvements; or (iv) for the construction of a new building. b. Except as provided at paragraph c of this section 3.02, no applications for any of the following approvals may be granted or processed during the period of the moratorium: rezoning, comprehensive land use plan amendment, subdivision or consolidation approval, variances, conditional use permits, site plan approval, free-standing or monument signs, or changes in curb cut location. c. The moratorium will not apply to building permits issued for routine maintenance or routine repairs of an existing use that do not constitute an expansion or a change in use. The moratorium will not apply to interior remodeling or improvements. The moratorium will not apply to wall signs related to change in tenancy. 3.03 During the period of the moratorium, applications for any such approvals related to property in the Moratorium Area shall not be accepted by the City nor shall the Planning Commission or City Council consider or grant approval of any such application, except after approval of the City Council as provided in section 3.05 of this ordinance. 3.04 The Moratorium established by this ordinance shall apply to any application pending as of the date of this ordinance, but it shall not apply to a subdivision or consolidation that has received preliminary plat approval prior to the adoption of Resolution No.__________, nor shall the moratorium extend the timeline for acting upon an application as provided in Minnesota Statutes, Section 15.99. Any application submitted to which the moratorium applies shall be denied unless the application includes a specific request that it be excepted from the moratorium, in which case the City staff shall submit the application to the City Council for consideration of granting an exception. 3.05 The City Council may approve exceptions to this moratorium for an application if the City Council, in its sole discretion, determines that the approval being sought will not interfere with the purposes for which this moratorium was adopted. Sec. 4. Enforcement. The City may enforce this ordinance by mandamus, injunction or other appropriate civil remedy in any court of competent jurisdiction. Sec. 5. Term. Unless earlier repealed by the City Council, the moratorium established under this ordinance shall remain in effect until August 24, 2021. The moratorium may be extended for a reasonable time, in accordance with Minnesota Statutes Section 462.355. Sec. 6. Effective Date. This ordinance is effective as provided by section 3.09 of the Richfield City Charter. Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk Veteran's Park Area Study Area 2040 Planned Land Use Proposed Study / Moratorium Area Mixed Use Regional Commercial Community Commercial Neighborhood Commercial High Density Residential Medium Density Residential Low Density Residential Park Quasi-Public Right-of-Way (ROW) ± 0 0.1 0.2 0.3 0.40.05 Miles I:\GIS\Community Development\Staff\City Planner\Projects\66th & Portland\2020 Moratorium Area - Proposed 001720.mxd Veteran's Park 66th StreetPortland Avenue AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #8. STAFF REPORT NO. 161 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, P ublic S afety D irector/C hief of P olice 11/18/2020 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 11/30/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consider to approve the r enewal of 2021 Club On-Sale Intoxicating and Sunday Liquor licenses for Fred B abcock V.F.W. P ost No. 5555, 6715 Lakeshore D rive. E X E C UT IV E S UM M ARY: On October 30, 2020, the C ity rec eived the applic ation materials for the renewal of C lub On-Sale and Sunday Liquor licenses for Fred Babcock V.F.W . Post No. 5555. All required information and doc uments have been provided. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. I n rec ognition of financial hardships brought on by C ovid-19, the City Council wishes to reduce the intoxic ating liquor lic ense/Club license fee and extend the deadline to pay the fee by 90 day s. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2021 C lub On-Sale and Sunday Liquor licenses along with a 20 percent intoxicating liquor license/Club license fee reduction with payment due no later than January 31, 2021 for Fred Babcock V.F.W . Post N o. 5555, 6715 Lakeshore D rive. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On October 30, 2020, the City received the application and other required documents for Club On-Sale and Sunday Liquor lic enses for Fred Babcock V.F.W . Post No. 5555, 6715 Lakeshore D rive The applic ant has satisfied the following requirements for issuance of a license: Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been rec eived showing I ntegrity I nsuranc e Company affording coverage. W orkers’ c ompensation insurance has also been supplied. Due to the fac t they are a club/veterans organization, they are exempt from meeting the code requirement that states, "more than 50% of business ac tivities must be related to the servic e of food". Environmental Health staff has received no c omplaints regarding Fred Babc oc k V.F.W . Post No. 5555 for the previous y ear. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any c ause for recommending denial of the requested licenses. The Club On-S ale and Sunday Liquor licenses will expire on Dec ember 31, 2020. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of C lub On-Sale and Sunday Liquor establishments to c omply with all of the provisions of both City C ode and State Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: E.L E GAL C ON S ID E R AT ION : The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems oc cur. A copy of the Resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean that the current applicants would not be able to obtain Club On-S ale and Sunday Liquor licenses. Schedule the hearing for another date; however, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Fred Babcock V.F.W Post No. 5555 representative AT TAC H ME N TS : D escripti on Type B ackground S ummary C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR FRED BABCOCK V.F.W. POST NO. 5555 Officers: Deborah Vangel- Commander John Dahlquist – Quarter Master Criminal History: The following criminal histories reflect the previous and current year. Deborah Vangel has no known criminal record. John Dahlquist has no known criminal record. Patricia Loberg, who serves as the General Manager, has no known criminal record. Premises: Gramercy Park Cooperative at Lake Shore Drive is the owner of the property. All payments are current. Record of Service Calls: There were 18 Public Safety/Police contacts with Fred Babcock VFW 5555 from October 2019 through September 2020. This compares with seven contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Fred Babcock VFW 5555 was April 3, 2008. Routine Information: Club On-Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of Club On-Sale and Sunday Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 26, 2020. Fred Babcock VFW 5555 Directors and Officers John McCarthy Commander Deborah Vangel Sr. Vice President --------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2019 through September 2020 Fred Babcock VFW 5555 2019 2020 TOTAL CONTACTS 7 18 CRIMINAL CONTACTS 3 15 Incidents (see bottom of page for specifics) (3) (12) Alarm (0) (3) MISC. NON-CRIMINAL 4 3 Assists (1) (2) Traffic (2) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (1) Miscellaneous (1) (0) The criminal contacts from October 2019 through September 2020 were: one tamper with auto, two DWIs, one burglary, three suspicious vehicles, one car accident, two hit and run, one abandon vehicle, one missing person, and three commercial alarms. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #9. STAFF REPORT NO. 162 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, P ublic S afety D irector/C hief of P olice 11/17/2020 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 11/30/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consider to approve the r enewal of 2021 O n-Sale W ine and 3.2 Percent Malt Liquor licenses for Chipotle Mexican G rill of Colorado, L LC d/b/a Chipotle Mexican Grill, 7644 Lyndale Avenue South. E X E C UT IV E S UM M ARY: On November 3, 2020, the C ity rec eived the applic ation materials for the renewal of On-Sale W ine and 3.2 Perc ent Malt Liquor licenses for Chipotle Mexican Grill of C olorado, L L C d/b/a C hipotle Mexican Grill. All required information and doc uments have been provided. All lic ensing fees have been rec eived. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2021 On-Sale W ine and 3.2 Percent Malt Liquor licenses for Chipotle Mexican Grill of Colorado, LL C d/b/a C hipotle Mexican G rill, 7644 Lyndale Avenue South. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On November 3, 2020, the City received the application materials for the renewal of On-Sale Wine and 3.2 Percent Malt Liquor licenses for Chipotle Mexican Grill. T he applicant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been rec eived showing S afety National Casualty Corporation affording the c overage. W orkers’ compensation insuranc e has also been supplied. An ac countant’s statement has been prepared and submitted. This statement c overs the period for Oc tober 2019 through September 2020. The statement indicates food sales ac counted for 100% of the total sales, while liquor accounted for 0% of the total sales. Environmental Health staff received one c omplaint regarding Chipotle Mexican Grill for the current year. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any c ause for recommending denial of the requested licenses. The On-Sale W ine and 3.2 Perc ent Malt Liquor licenses will expire on December 31, 2020. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale W ine and 3.2 Percent Malt Liquor establishments to c omply with all of the provisions of both C ity Code and S tate Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. 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 : The requirements of Resolution No. 9511 must be met, whic h outlines the disc ipline they c an expect if any ongoing problems oc cur. A copy of the resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicant would not be able to obtain On-Sale W ine and 3.2 Perc ent Malt Liquor licenses. Schedule the hearing for another date. However, this may delay the lic ensing proc ess. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Chipotle Mexic an Grill representative. AT TAC H ME N TS : D escripti on Type B ackground S ummary C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR CHIPOTLE MEXICAN GRILL OF COLORADO, LLC d/b/a CHIPOTLE MEXICAN GRILL Officers: Helen Kaminski- President Criminal History: The following criminal histories reflect the previous and current year. Helen Kaminski has no known criminal record. Nalini Parsram, who serves as the General Manager, has no known criminal record. Premises: Kensington Retail Center, LLC is the owner of the property. All payments are current. Record of Service Calls: There were 29 Public Safety/Police contacts with Chipotle Mexican Grill from October 2019 through September 2020. This compares with 31 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth with Chipotle Mexican Grill. Routine Information: On-Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On-Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 26, 2020. Chipotle Mexican Grill, LLC Directors and Officers Helen Kaminski President --------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2019 through September 2020 Chipotle Mexican Grill 2019 2020 TOTAL CONTACTS 31 29 CRIMINAL CONTACTS 21 19 Incidents (see bottom of page for specifics) (15) (15) Alarm (6) (4) MISC. NON-CRIMINAL 10 10 Assists (4) (3) Traffic (5) (3) Inspections/Licensing (0) (0) Medical/Fire (1) (1) Miscellaneous (0) (3) The criminal contacts from October 2019 through September 2020 were: two PD accidents, four hit and run, one intoxicated person, one DWI, two follow up calls, one person with gun, two disturbances, one customer trouble call, one damage to property, and four commercial alarms. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #10. STAFF REPORT NO. 163 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, P ublic S afety D irector/C hief of P olice 11/13/2020 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 11/30/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consider to approve the r enewal of 2021 O n-Sale W ine and 3.2 Percent Malt Liquor licenses for D avanni's, Inc. d/b/a D avanni's Piz za and Hot Hoagies, 6345 Penn Avenue South. E X E C UT IV E S UM M ARY: On October 29, 2020, the C ity rec eived the applic ation materials for the renewal of On-Sale W ine and 3.2 Perc ent Malt Liquor licenses for Davanni's, I nc . d/b/a Davanni's Pizza and Hot Hoagies. All required information and doc uments have been received. All lic ensing fees have been paid. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2021 On-Sale W ine and 3.2 Percent Malt Liquor licenses for Davanni's, Inc. d/b/a Davanni's Piz za and H ot H oagies, 6345 Penn Avenue South. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On October 29, 2020, the City received the application and other required documents for On-Sale W ine and 3.2 P erc ent Malt Liquor lic enses for Davanni's Pizza and Hot Hoagies. The applic ant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been provided showing W est Bend Mutual affording the c overage. W orkers' compensation insurance has also been supplied. An ac countant's statement has been prepared and submitted. This statement covers the period from Oc tober 2019 through September 2020, and indic ates food sales acc ounted for 99% of the total sales, while the liquor accounted for 1% of the total sales. Environmental Health staff has received no c omplaints regarding D avanni's Pizza and Hot Hoagies for the previous y ear. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any c ause for recommending denial of the requested licenses. T he On-Sale Wine and 3.2 Percent Malt Liquor licenses will expire on December 31, 2020. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale W ine and 3.2 Percent Malt Liquor establishments to c omply with all the provisions of both City Code and State S tatues. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. 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 : The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems oc cur. A copy of the resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicant would not be able to obtain On-Sale W ine and 3.2 Perc ent Malt Liquor licenses. Schedule the hearing for another date; however, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Davanni's representative AT TAC H ME N TS : D escripti on Type B ackground S ummary C over Memo SUMMARY OF BACKGROUND INVESTIGATION FOR DAVANNI’S, INC. d/b/a DAVANNI’S PIZZA AND HOT HOAGIES Officers: Robert Stupka- Owner/President Gladstone Stenson- Owner/CEO Kristina Silva- Owner Katherine Stenson Elmer- Owner Criminal History: The following criminal histories reflect the previous and current year. Robert Stupka has no known criminal record. Gladstone Stenson has no known criminal record. Kristina Silva has no known criminal record. Katherine Stenson Elmer has no known criminal record. Douglas Martin, who serves as the General Manager, has no known criminal record. Premises: Rich D, LLC is the owner of the property. All payments are current. Record of Service Calls: There were four Public Safety/Police contacts with Davanni’s from October 2019 through September 2020. This compares with one contact for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Davanni’s Pizza and Hot Hoagies was August 20, 2019. Routine Information: On-Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On-Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 26, 2020. Davanni’s Pizza and Hot Hoagies Directors and Officers Robert Stupka Owner/President Gladstone Stenson Owner/CEO Kristina Silva Owner Katherine Stenson Owner --------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2019 through September 2020 Davanni’s Pizza and Hot Hoagies 2019 2020 TOTAL CONTACTS 1 4 CRIMINAL CONTACTS 0 2 Incidents (see bottom of page for specifics) (0) (2) Alarm (0) (0) MISC. NON-CRIMINAL 1 2 Assists (0) (1) Traffic (1) (1) Inspections/Licensing (0) (0) Medical/Fire (0) (0) Miscellaneous (0) (0) The criminal contacts from October 2019 through September 2020 were: two suspicious vehicles. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #11. STAFF REPORT NO. 164 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, P ublic S afety D irector/C hief of P olice O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 11/30/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consider to approve the r enewal of 2021 O n-Sale W ine and 3.2 Percent Malt Liquor licenses for Joy's Pattaya Thai Restaurant, L LC d/b/a Joy's Pattaya Thai Restaurant, 7545 Lyndale Avenue South. E X E C UT IV E S UM M ARY: On October 29, 2020, the C ity rec eived the applic ation materials for the renewal of On-Sale W ine and 3.2 Perc ent Malt Liquor licenses for J oy ’s Pattaya Thai Restaurant, LLC d/b/a J oy ’s Pattay a Thai Restaurant. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2021 On-Sale W ine and 3.2 Percent Malt Liquor licenses for Joy’s P attaya Thai Restaurant, LL C d/b/a Joy’s Pattaya Thai Restaurant, 7545 Lyndale Avenue South. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On October 29, 2020, the City received the application and other required documents for On-Sale W ine and 3.2 P erc ent Malt Liquor lic enses for J oy ’s Pattay a Thai Restaurant. The applic ant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been rec eived showing Travelers C asualty I nsurance C ompany of America affording the coverage. W orkers’ c ompensation insuranc e has also been supplied. An ac countant’s statement has been prepared and submitted. This statement c overs the period from Oc tober 2019 through September 2020, and indic ates food sales acc ounted for 98% of the total sales, while liquor acc ounted for 2% of the total sales. Environmental Health staff received one c omplaint regarding J oy’s P attaya Thai Restaurant for the c urrent year. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any c ause for recommending denial of the requested licenses. The On-Sale W ine and 3.2 Perc ent Malt Liquor licenses will expire on December 31, 2020. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale W ine and 3.2 Percent Malt Liquor establishments to c omply with all of the provisions of both C ity Code and S tate Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. 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 : The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems oc cur. A copy of the Resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicant would not be able to obtain On-Sale W ine and 3.2 Perc ent Malt Liquor licenses. Schedule the hearing for another date; however, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: J oy's Pattaya Thai Restaurant representative AT TAC H ME N TS : D escripti on Type B ackground S ummary C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR JOY’S PATTAYA THAI RESTAURANT, LLC d/b/a JOY’S PATTAYA THAI RESTAURANT Officers: Dale Mueller- Owner Joy Mueller- Owner Criminal History: The following criminal histories reflect the previous and current year. Dale Mueller has no known criminal record. Joy Mueller, who also serves as the General Manager, has one traffic violation. Premises: JSB Corporation is the owner of the property. All payments are current. Record of Service Calls: There were two Public Safety/Police contacts with Joy’s Pattaya Thai Restaurant from October 2019 through September 2020. This compares with five contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth with Joy’s Pattaya Thai Restaurant. Routine Information: On-Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On-Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 26, 2020. Joy’s Pattaya Thai Restaurant Directors and Officers Dale Mueller Owner Joy Mueller Owner -------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2019 through September 2020 Joy’s Pattaya Thai Restaurant 2019 2020 TOTAL CONTACTS 5 2 CRIMINAL CONTACTS 4 2 Incidents (see bottom of page for specifics) (4) (2) Alarm (0) (0) MISC. NON-CRIMINAL 1 0 Assists (1) (0) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) Miscellaneous (0) (0) The criminal contacts from October 2019 through September 2020 were: one fraud and one disturbance call. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #12. STAFF REPORT NO. 165 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, P ublic S afety D irector/C hief of P olice 11/18/2020 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 11/30/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consider to approve the r enewal of 2021 O n-Sale W ine and 3.2 Percent Malt Liquor licenses with outside seating for LR FC, LL C d/b/a Local Roots Food & Coffee, 817 66th Street East. E X E C UT IV E S UM M ARY: On November 18, 2020, the City received the application materials for the renewal of On-Sale W ine and 3.2 Perc ent Malt Liquor licenses with outside seating for LRF C , L L C d/b/a Local Roots Food & Coffee, 817 66th Street East. A ll required information and documents have been provided. All licensing fees have been rec eived. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2021 On-Sale W ine and 3.2 Percent Malt Liquor licenses with outside seating for L R F C, L L C d/b/a Local R oots Food & Coffee, 817 66th Street East. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On November 18, 2020, the City received the applic ation and other required doc uments for On-Sale W ine and 3.2 Percent Malt Liquor licenses with outside seating for Local Roots Food & Coffee. The applic ant has satisfied the following requirements for issuance of licenses: The required license fees have been paid. Real estate taxes are paid and current. Proof of c ommercial and liquor liability insurance have been received showing Berkshire Hathaway D irec t I nsuranc e as affording c overage. W orkers' compensation insurance has also been supplied. An ac countant's statement has been prepared and submitted. This statement c overs the period from Oc tober 2019 through September 2020, and indic ates food sales acc ounted for 93% of the total sales, while liquor acc ounted for 7% of the total sales. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any c ause for recommending denial of the requested licenses. The On-Sale W ine and 3.2 Perc ent Malt Liquor licenses will expire on December 31, 2020. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale W ine and 3.2 Percent Malt Liquor license establishments to c omply with all the provisions of both City Code and State Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: Lic ensing fees have been rec eived. E.L E GAL C ON S ID E R AT ION : The requirements of Resolution No. 9511 must be met, whic h outlines the disc ipline they c an expect if any ongoing problems oc cur. A copy of this resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicants would not be able to obtain On-Sale W ine and 3.2 Perc ent Malt Liquor licenses. Schedule the hearing for another date; however, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Local Roots Food & C offee representative AT TAC H ME N TS : D escripti on Type B ackground S ummary C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR LRFC, LLC d/b/a LOCAL ROOTS FOOD & COFFEE Officers: Courtney Norgaard- Owner Marcus Hampton- Owner Criminal History: The following criminal histories reflect the previous and current year. Courtney Norgaard, who also serves as the General Manager, has no known criminal record. Marcus Hampton has no known criminal record. Premises: Arrangements Unlimited, LLP is the owner of the property. All payments are current. Record of Service Calls: There were three Public Safety/Police contacts with Local Roots Food & Coffee from October 2019 through September 2020. This compares with six contacts for the previous year. A breakdown of these contacts is attached to this report Violations: There are no violations for the sale of alcohol to underage youth for Local Roots Food & Coffee. Routine Information: On-Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On-Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 26, 2020. Local Roots Food & Coffee Directors and Officers Courtney Norgaard Owner Marcus Hampton Owner --------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2019 through September 2020 Local Roots Food & Coffee 2019 2020 TOTAL CONTACTS 6 3 CRIMINAL CONTACTS 5 2 Incidents (see bottom of page for specifics) (2) (2) Alarm (3) (0) MISC. NON-CRIMINAL 1 1 Assists (1) (1) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) Miscellaneous (0) (0) The criminal contacts from October 2019 through September 2020 were: one suspicious vehicle and one damage to property. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #13. STAFF REPORT NO. 166 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, P ublic S afety D irector/C hief of P olice O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 12/1/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consider to approve the r enewal of 2021 O n-Sale W ine and 3.2 Percent Malt Liquor licenses for My B urger O perations, LL C d/b/a My B urger, 6555 Lyndale Avenue South. E X E C UT IV E S UM M ARY: On November 3, 2020, the C ity rec eived the applic ation materials for the renewal of On-Sale W ine and 3.2 Perc ent Malt Liquor licenses for My Burger Operations, L L C d/b/a My Burger. All required information and documents have been provided. All lic ensing fees have been rec eived. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2021 On-Sale W ine and 3.2 Percent Malt Liquor licenses for My Burger O perations, L L C d/b/a My B urger, 6555 Lyndale Avenue South. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On November 3, 2020, the City received the application and other required documents for On-Sale W ine and 3.2 Percent Malt Liquor licenses for My Burger. The applic ant has satisfied the following requirements for issuance of licenses: The required license fees have been paid. Real estate taxes are paid and current. Proof of c ommercial and liquor liability insurance have been received showing Ohio Casualty I nsurance C ompany as affording coverage. W orkers' compensation insuranc e has also been supplied. An ac countant's statement has been prepared and submitted. This statement covers the period from Oc tober 2019 through September 2020, and indic ates food sales acc ounted for 98% of the total sales, while liquor acc ounted for 2% of the total sales. Environmental Health staff has received no c omplaints regarding My Burger for the previous year. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any c ause for recommending denial of the requested licenses. The On-Sale W ine and 3.2 Perc ent Malt Liquor licenses will expire on December 31, 2020. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale W ine and 3.2 Percent Malt Liquor license establishments to c omply with all the provisions of both City Code and State Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: Lic ensing fees have been rec eived. E.L E GAL C ON S ID E R AT ION : The requirements of Resolution No. 9511 must be met, whic h outlines the disc ipline they c an expect if any ongoing problems oc cur. A copy of this resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicants would not be able to obtain On-Sale W ine and 3.2 Perc ent Malt Liquor licenses. Schedule the hearing for another date; however, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: My Burger representative AT TAC H ME N TS : D escripti on Type B ackground S ummary C over Memo SUMMARY OF BACKGROUND INVESTIGATION FOR MY BURGER OPERATIONS, LLC d/b/a MY BURGER Officers: John Abdo - President Paul Abdo - Vice President Criminal Histories: The following criminal histories reflect the previous and current year. John Abdo, who also serves as the General Manager, has no known criminal record. Paul Abdo has no known criminal record. Premises: Lyndale Station, LLC is the owner of the property. All payments are current. Record of Service Calls: There were six Public Safety/Police contacts with My Burger from October 2019 through September 2020. This compares with 11 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There was one violation for sale of alcohol to underage youth in March of 2016. Routine Information: On-Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On-Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 26, 2020. Directors and Officers John Lawrence Abdo President Paul Melvin Abdo Vice President ------------------------------------------------------------------------------------------------------------------------ PUBLIC SAFETY CONTACTS October 2019 through September 2020 My Burger 2019 2020 TOTAL CONTACTS 11 6 CRIMINAL CONTACTS 8 4 Incidents (see bottom of page for specifics) (6) (1) Alarm (2) (3) MISC. NON-CRIMINAL 3 2 Assists (2) (1) Traffic (1) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) Miscellaneous (0) (1) The criminal contacts from October 2019 through September 2020 were: one suspicious vehicle, and three commercial alarms. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #14. STAFF REPORT NO. 167 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, P ublic S afety D irector/C hief of P olice 11/13/2020 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 12/1/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consider to approve the r enewal of 2021 O n-Sale W ine and 3.2 Percent Malt Liquor licenses for Minnesota Junior Hockey Group, L LC d/b/a Minnesota Magicians at the Richfield Ice Arena, 636 E ast 66th Street. E X E C UT IV E S UM M ARY: On October 29, 2020, the C ity rec eived the applic ation materials for the renewal of On-Sale W ine and 3.2 Perc ent Malt Liquor licenses for Minnesota J unior Hockey Group, L L C d/b/a Minnesota Magic ians. All required information and doc uments have been provided. All lic ensing fees have been rec eived. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2021 On-Sale W ine and 3.2 Percent Malt Liquor licenses for Minnesota Junior H ockey Group, LL C d/b/a Minnesota Magicians at the Richfield Ice Arena, 636 East 66th Str eet. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On October 29, 2020, the City received the application and other required documents for On-Sale W ine and 3.2 P erc ent Malt Liquor lic enses for Minnesota Magicians. The applic ant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been rec eived showing S cottsdale I nsurance Company affording the c overage. W orkers' compensation insuranc e has also been supplied. Alc ohol sales at the Richfield I ce A rena fall under Minnesota 2014 Law C hapter 240, Sec tion 22, therefore, there is no requirement of a food/alc ohol sales ratio for the Minnesota Magic ians. Environmental Health staff has received no c omplaints regarding Minnesota Magic ians for the previous year. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any c ause for recommending denial of the requested licenses. The On-Sale W ine and 3.2 Perc ent Malt Liquor licenses will expire on December 31, 2020. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale W ine and 3.2 Percent Malt Liquor establishments to c omply with all of the provisions of both City Code and State Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. 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 : The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems oc cur. A copy of the Resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicant would not be able to obtain On-Sale W ine and 3.2 Perc ent Malt Liquor licenses. Schedule the hearing for another date; however, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Minnesota Magicians representative AT TAC H ME N TS : D escripti on Type B ackground S ummary C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR MINNESOTA JUNIOR HOCKEY GROUP, LLC d/b/a MINNESOTA MAGICIANS RICHFIELD ICE ARENA LOCATION Officers: Joe Pankratz – Owner Scott Krueger – Owner Kevin Ingvalson – Vice President Criminal History: The following criminal histories reflect the previous and current year. Joe Pankratz, has no known criminal record. Scott Krueger, has no known criminal record. Kevin Ingvalson, who also serves as the General Manager, has no known criminal record. Premises: The City of Richfield is the owner of the property. All payments are current. Record of Service Calls: There were 33 Public Safety/Police contacts located at the Richfield Ice Arena from October 2019 through September 2020. This compares with 37 contacts for the previous year. It is difficult to differentiate between Minnesota Magicians and the ice arena in terms of which calls belonged to whom. A breakdown of these contacts is attached to this report. Violations: There are no violations for the sale to underage youth for Minnesota Magicians located at the Richfield Ice Arena. Routine Information: On Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 26, 2020. MN Magicians Directors and Officers Joe Pankratz Owner Scott Krueger Owner Kevin Ingvalson Vice President --------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2019 through September 2020 MN Magicians 2019 2020 TOTAL CONTACTS 37 33 CRIMINAL CONTACTS 20 11 Incidents (see bottom of page for specifics) (10) (11) Alarm (10) (0) MISC. NON-CRIMINAL 17 22 Assists (12) (15) Traffic (4) (3) Inspections/Licensing (0) (0) Medical/Fire (0) (0) Miscellaneous (1) (4) The criminal contacts from October 2019 through September 2020 were: two thefts, one theft from auto, one assault, four suspicious vehicles, one terroristic threat, one graffiti incident, and one suspicious activity. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #15. STAFF REPORT NO. 168 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, P ublic S afety D irector/C hief of P olice 11/17/2020 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 12/1/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consider to approve the r enewal of 2021 O n-Sale W ine and 3.2 Percent Malt Liquor licenses for P atr ick's French Bakery, Inc. d/b/a Patrick's B akery & Cafe, 2928 66th Street W est. E X E C UT IV E S UM M ARY: On October 30, 2020, the C ity rec eived the applic ation materials for the renewal of On-Sale W ine and 3.2 Perc ent Malt Liquor licenses for Patric k’s Frenc h B akery, I nc . d/b/a Patrick’s B akery & Café. All required information and doc uments have been provided. All lic ensing fees have been rec eived. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2021 On-Sale W ine and 3.2 Percent Malt Liquor licenses for Patrick’s French Bakery, Inc. d/b/a P atr ick’s Bakery & Café, 2928 66th Street W est. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On October 30, 2020, the City received the application and other required documents for On-Sale W ine and 3.2 P erc ent Malt Liquor lic enses for P atric k’s Bakery & Café. The applic ant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been rec eived showing Hanover Americ an I nsurance C ompany affording the c overage. W orkers’ compensation insuranc e has also been supplied. An ac countant’s statement has been prepared and submitted. This statement c overs the period from Oc tober 2019 through September 2020, and indic ates food sales acc ounted for 98% of the total sales, while liquor acc ounted for 2% of the total sales. Environmental Health staff received no complaints regarding Patric k’s Bakery & C afé for the previous year. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any c ause for recommending denial of the requested licenses. The On-Sale W ine and 3.2 Perc ent Malt Liquor licenses will expire on December 31, 2020. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale W ine and 3.2 Percent Malt Liquor establishments to c omply with all of the provisions of both C ity Code and S tate Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. 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 : The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems oc cur. A copy of the resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicant would not be able to obtain On-Sale W ine and 3.2 Perc ent Malt Liquor licenses. Schedule the hearing for another date; however, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Patrick's Bakery & Café representative AT TAC H ME N TS : D escripti on Type B ackground S ummary C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR PATRICK’S FRENCH BAKERY, INC. d/b/a PATRICK’S BAKERY & CAFE Officers: Patrick Bernet- Owner Criminal History: The following criminal histories reflect the previous and current year. Patrick Bernet, who also serves as the General Manager, has no known criminal record. Premises: DRFC Southdale Square, LLC is the owner of the property. All payments are current. Record of Service Calls: There were four Public Safety/Police contacts with Patrick’s Bakery & Cafe from October 2019 through September 2020. This compares with eight contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Patrick’s Bakery & Cafe was in June 2012. Routine Information: On-Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On-Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 26, 2020. Patrick’s Bakery & Cafe Directors and Officers Patrick Bernet Owner -------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2019 through September 2020 Patrick’s Bakery & Cafe 2019 2020 TOTAL CONTACTS 8 4 CRIMINAL CONTACTS 6 3 Incidents (see bottom of page for specifics) (6) (3) Alarm (0) (0) MISC. NON-CRIMINAL 2 1 Assists (1) (1) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) Miscellaneous (1) (0) The criminal contacts from October 2019 through September 2020 were: one intoxicated person, one private property, and one suspicious vehicle. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #16. STAFF REPORT NO. 169 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, P ublic S afety D irector/C hief of P olice 11/17/2020 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 12/1/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consider to approve the r enewal of 2021 O n-Sale W ine and 3.2 Percent Malt Liquor licenses for Henry Thou d/b/a Red Pepper C hinese Restaurant, 2910 66th Street W est. E X E C UT IV E S UM M ARY: On November 12, 2020, the City received the application materials for the renewal of On-Sale W ine and 3.2 Perc ent Malt Liquor licenses for Henry Thou d/b/a Red Pepper Chinese Restaurant. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2021 On-Sale W ine and 3.2 Percent Malt Liquor licenses for Henry Thou d/b/a Red Pepper Chinese R estaurant, 2910 66th Street W est. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On November 12, 2020, the City received the applic ation and other required doc uments for On-Sale W ine and 3.2 Percent Malt Liquor licenses for Red Pepper Chinese Restaurant. The applic ant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been rec eived showing B urns & W ilcox affording the c overage. W orkers’ c ompensation insurance has also been supplied. An ac countant’s statement has been prepared and submitted. This statement c overs the period from Oc tober 2019 through September 2020, and indic ates food sales acc ounted for 99% of the total sales, while liquor acc ounted for 1% of the total sales. Environmental Health staff received one c omplaint regarding Red P epper C hinese Restaurant for the previous y ear. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any c ause for recommending denial of the requested licenses. The On-Sale W ine and 3.2 Perc ent Malt Liquor licenses will expire on December 31, 2020. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale W ine and 3.2 Percent Malt Liquor establishments to c omply with all of the provisions of both C ity Code and S tate Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. 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 : The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems oc cur. A copy of the Resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicant would not be able to obtain On-Sale W ine and 3.2 Perc ent Malt Liquor licenses. Schedule the hearing for another date; however, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Red Pepper representative AT TAC H ME N TS : D escripti on Type B ackground S ummary C over Memo SUMMARY OF BACKGROUND INVESTIGATION FOR HENRY THOU d/b/a RED PEPPER CHINESE RESTAURANT Officers: Henry Thou- Owner Criminal History: The following criminal histories reflect the previous and current year. Henry Thou, who also serves as the General Manager, has no known criminal record. Premises: DRFC Southdale Square, LLC is the owner of the property. All payments are current. Record of Service Calls: There was one Public Safety/Police contact with Red Pepper Chinese Restaurant from October 2019 through September 2020. This compares with two contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth with Red Pepper Chinese Restaurant. Routine Information: On-Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. There are no distance requirements to notify neighbors of the issuance of new On- Sale Wine and 3.2 Percent Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 26, 2020. Red Pepper Chinese Restaurant Directors and Officers Henry Thou Owner --------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2019 through September 2020 Red Pepper Chinese Restaurant 2019 2020 TOTAL CONTACTS 2 1 CRIMINAL CONTACTS 1 1 Incidents (see bottom of page for specifics) (1) (1) Alarm (0) (0) MISC. NON-CRIMINAL 1 0 Assists (1) (0) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) Miscellaneous (0) (0) The criminal contacts from October 2019 through September 2020 were: one theft. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #17. STAFF REPORT NO. 170 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, P ublic S afety D irector/C hief of P olice 11/18/2020 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 11/30/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consider to approve the r enewal of 2021 On-Sale Wine and 3.2 Percent Malt Liquor license s for Paisan, Inc. d/b/a Khan’s Mongolian B B Q , 500 78th S treet East. E X E C UT IV E S UM M ARY: On November 12, 2020, the City received the application materials for the renewal of On-Sale W ine and 3.2 Perc ent Malt Liquor licenses for Paisan, I nc. d/b/a K han’s Mongolian B B Q . They previously held an I ntoxic ating license but due to Covid, they are switc hing to W ine/3.2 Malt Liquor licenses for 2021. All required information and doc uments have been provided. All lic ensing fees have been rec eived. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2021 On-Sale Wine and 3.2 Pe rce nt Malt Liquor lice nse s for Paisan, Inc. d/b/a Khan’s Mongolian B B Q, 500 78th Street East. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On October 29, 2020, the City received the application and other required documents for On-Sale W ine and 3.2 P erc ent Malt Liquor lic enses for K han’s Mongolian B B Q. The applic ant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been rec eived showing S tate Auto P&C affording coverage. W orkers’ compensation insuranc e has also been supplied. An ac countant’s statement has been prepared and submitted. This statement c overs the period from Oc tober 2019 through September 2020, and indic ates food sales acc ounted for 95% of the total sales, while liquor acc ounted for 5% of the total sales. Environmental Health staff received no complaints regarding Khan’s Mongolian BB Q for the previous year. They previously held an I ntoxicating license but due to Covid, they are switc hing to W ine/3.2 Malt Liquor lic enses for 2021. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any c ause for recommending denial of the requested licenses. The On-Sale W ine and 3.2 Malt Liquor lic enses will expire on December 31, 2020. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of W ine and 3.2 Malt Liquor lic ense establishments to c omply with all of the provisions of both City C ode and State Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. 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 : The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems oc cur. A copy of the resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicants would not be able to obtain On-Sale W ine and 3.2 Malt Liquor licenses. Schedule the hearing for another date; however, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Khan's Mongolian B B Q representative AT TAC H ME N TS : D escripti on Type B ackground S ummary C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR PAISAN, INC. d/b/a KHAN’S MONGOLIAN BBQ Officers: Mitchal Law- Owner/President Paisan Law- Vice President Criminal History: The following criminal histories reflect the previous and most current year. Mitchal Law, who serves as the On Premise Manager, has no known criminal record. Paisan Law, who also serves as the On Premise Manager, has no known criminal record. Premises: A G Bogen Company is the owner of the property. All payments are current. Record of Service Calls: There were 19 Public Safety/Police contacts with Khan’s Mongolian BBQ from October 2019 through September 2020. This compares with four contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth for Khan’s Mongolian BBQ was on September 30, 2005. Routine Information: On-Sale Wine and 3.2 Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On-Sale Wine and 3.2 Malt Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 26, 2020. Khan’s Mongolian BBQ Directors and Officers Mitchal Wellington Law Owner/President/Secretary Paisan Shieh Law Vice President/Treasurer ------------------------------------------------------------------------------------------------------------ PUBLIC SAFETY CONTACTS October 2019 through September 2020 Khan’s Mongolian BBQ 2019 2020 TOTAL CONTACTS 4 19 CRIMINAL CONTACTS 3 4 Incidents (see bottom of page for specifics) (2) (3) Alarm (1) (1) MISC. NON-CRIMINAL 1 15 Assists (0) (12) Traffic (1) (3) Inspections/Licensing (0) (0) Medical/Fire (0) (0) Miscellaneous (0) (0) The criminal contacts from October 2019 through September 2020 were: one welfare check, two suspicious vehicles, and one commercial alarm. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #18. STAFF REPORT NO. 171 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, P ublic S afety D irector/C hief of P olice 11/17/2020 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 11/30/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consider to approve the r enewal of 2021 O n-Sale Intoxicating and Sunday Liquor licenses, with optional 2 a.m. closing, for Fr enchman's Pub, Inc. d/b/a Fr enchman's, 1400 66th Street East. E X E C UT IV E S UM M ARY: On October 16, 2020, the C ity rec eived the applic ation materials for the renewal of On-Sale I ntoxicating and Sunday Liquor licenses, with optional 2 a.m. closing, for Frenc hman’s Pub, I nc . d/b/a Frenc hman’s. All required information and doc uments have been provided. All lic ensing fees have been rec eived. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. I n rec ognition of financial hardships brought on by C ovid-19, the City Council wishes to reduce the intoxic ating liquor lic ense fee and extend the deadline to pay the fee by 90 days. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2021 On-Sale Intoxicating and S unday Liquor licenses, with optional 2 a.m. closing, along with a 20% intoxicating liquor license fee reduction with payment due no later than January 31, 2021 for Frenchman’s Pub, Inc. d/b/a Frenchman’s, 1400 66th Street East. Frenchman's has paid the intoxicating liquor license fee in full. They will be receiving a 20% refund for their 2021 renewal. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On October 16, 2020, the City received the application and other required documents for On-Sale I ntoxicating and Sunday Liquor lic enses for Frenc hman’s. The applic ant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been rec eived showing S cottsdale I nsurance affording c overage. Workers’ compensation insurance has also been supplied. An ac countant’s statement has been prepared and submitted. This statement c overs the period from Oc tober 2019 through September 2020, and indic ates food sales acc ounted for 52% of the total sales, while liquor acc ounted for 48% of the total sales. Environmental Health staff received one environmental complaint regarding Frenc hman's. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any c ause for recommending denial of the requested licenses. The On-Sale I ntoxicating and Sunday Liquor lic enses will expire on Dec ember 31, 2020. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale I ntoxicating and Sunday Liquor establishments to c omply with all of the provisions of both C ity Code and S tate Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. 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 : The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems oc cur. A copy of the resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicants would not be able to obtain On-Sale I ntoxicating and Sunday Liquor lic enses. Schedule the hearing for another date; however, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Frenchman's representative AT TAC H ME N TS : D escripti on Type B ackground S ummary C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR FRENCHMAN’S PUB, INC. d/b/a FRENCHMAN’S Officers: Mary Blake- Owner Criminal History: The following criminal histories reflect the previous and current year. Mary Blake, who also serves as the General Manager, has no known criminal record. Premises: Mary Christine Blake Trust is the owner of the property. All payments are current. Record of Service Calls: There were 20 Public Safety/Police contacts with Frenchman’s from October 2019 through September 2020. This compares with 22 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Frenchman’s was June 8, 2004. Routine Information: On-Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal on On-Sale Intoxicating and Sunday Liquor sales. The Notice of Public Hearing was published in the Richfield Sun Current on November 26, 2020. Frenchman’s Directors and Officers Mary Blake Owner ------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2019 through September 2020 Frenchman’s 2019 2020 TOTAL CONTACTS 22 20 CRIMINAL CONTACTS 13 14 Incidents (see bottom of page for specifics) (13) (14) Alarm (0) (0) MISC. NON-CRIMINAL 9 6 Assists (0) (1) Traffic (7) (2) Inspections/Licensing (0) (0) Medical/Fire (0) (1) Miscellaneous (2) (2) The criminal contacts from October 2019 through September 2020 were: one fight call, five disturbances, two assaults, two damage to properties, one hit and run, and three suspicious vehicles. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #19. STAFF REPORT NO. 172 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, P ublic S afety D irector/C hief of P olice 11/17/2020 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 11/30/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consider to approve the r enewal of 2021 O n-Sale Intoxicating and Sunday Liquor licenses, with optional 2 a.m. closing for El Tejaban Mexican Restaurant, LL C d/b/a El Tejaban Mexican G rill, 6519 Nicollet Avenue South. E X E C UT IV E S UM M ARY: On November 10, 2020, the City received the application and other required documents for the renewal of On-Sale I ntoxicating and Sunday Liquor licenses, with optional 2 a.m. closing for E l Tejaban Mexic an Restaurant, LLC d/b/a El Tejaban Mexican Grill. A ll required information and documents have been provided. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. I n rec ognition of financial hardships brought on by C ovid-19, the City Council wishes to reduce the intoxic ating liquor lic ense fee and extend the deadline to pay the fee by 90 days. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2021 O n-Sale Intoxicating and S unday Liquor licenses, with optional 2 a.m. closing, along with a 20 percent intoxicating liquor license fee reduction with payment due no later than January 31, 2021 for El Tejaban Mexican Restaurant, L LC d/b/a El Tejaban Mexican G rill, 6519 Nicollet Avenue South. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On November 10, 2020, the City received the applic ation and other required doc uments for On-Sale I ntoxicating and Sunday Liquor lic enses, with optional 2 a.m. c losing for El Tejaban Mexican Grill. The applic ant has satisfied the following requirements for the issuance of a lic ense: Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been provided showing S cottsdale I nsurance Company affording the c overage. W orkers’ compensation insuranc e has also been supplied. An ac countant’s statement has been prepared and submitted. This statement c overs the period from Oc tober 2019 through September 2020, and indic ates food sales acc ounted for 87% of the total sales, while liquor acc ounted for 13% of the total sales. Environmental Health staff has received no c omplaints regarding El Tejaban Mexican Grill for the previous year. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any c ause for recommending denial of the requested licenses. The On-Sale I ntoxicating and Sunday Liquor lic enses will expire on Dec ember 31, 2020. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale I ntoxicating and Sunday Liquor, with optional 2 a.m. closing, establishments to c omply with all of the provisions of both C ity Code and State Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: E.L E GAL C ON S ID E R AT ION : The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems oc cur. A copy of this resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicants would not be able to obtain On-Sale I ntoxicating and Sunday Liquor lic enses. Schedule the hearing for another date; however, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: El Tejaban representative AT TAC H ME N TS : D escripti on Type B ackground S ummary C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR EL TEJABAN MEXICAN RESTAURANT, LLC d/b/a EL TEJABAN MEXICAN GRILL Officers: Miguel Angel Hernandez- Owner Rosa Isela Zambrano- Owner Criminal History: The following criminal histories reflect the previous and current year. Miguel Hernandez has no known criminal record. Rosa Zambrano, who also serves as the General Manager, has no known criminal record. Premises: Brixmor Spe 1, LLC is the owner of the property. All payments are current. Record of Service Calls: There were 9 Public Safety/Police contacts with El Tejaban Mexican Grill from October 2019 through September 2020. This compares with eight contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth for El Tejaban Mexican Grill. Routine Information: On-Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On-Sale Intoxicating and Sunday Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 26, 2020. El Tejaban Mexican Grill Directors and Officers Miguel Hernandez Owner Rosa Zambrano Owner ------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2019 through September 2020 El Tejaban Mexican Grill 2019 2020 TOTAL CONTACTS 14 9 CRIMINAL CONTACTS 7 6 Incidents (see bottom of page for specifics) (7) (6) Alarm (0) (0) MISC. NON-CRIMINAL 7 3 Assists (3) (0) Traffic (2) (2) Inspections/Licensing (0) (1) Medical/Fire (0) (0) Miscellaneous (2) (0) The criminal contacts from October 2019 through September 2020 were: one open door, one suspicious vehicle, one damage to property, one intoxicated person, and two customer trouble calls. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #20. STAFF REPORT NO. 173 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, P ublic S afety D irector/C hief of P olice 11/18/2020 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 11/30/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consider to approve the r enewal of 2021 O n-Sale Intoxicating and Sunday Liquor licenses with outside service, for Thompson's Fireside Pizz a, Inc. d/b/a Fir eside Foundry, 6736 Penn Avenue South. E X E C UT IV E S UM M ARY: On November 5, 2020, the C ity rec eived the applic ation materials for the renewal of On-Sale I ntoxicating and Sunday Liquor licenses with outside service, for Thompson's Fireside Pizza, I nc . d/b/a Fireside Foundry. A ll required information and doc uments have been provided. All lic ensing fees have been rec eived. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. I n rec ognition of financial hardships brought on by C ovid-19, the City Council wishes to reduce the intoxic ating liquor lic ense fee and extend the deadline to pay the fee by 90 days. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2021 On-Sale Intoxicating and S unday Liquor licenses with outside service, along with a 20 percent intoxicating liquor license fee reduction with payment due no later than January 31, 2021 for Thompson's Fireside Pizz a, Inc. d/b/a Fireside Foundry, 6736 Penn Avenue South. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On November 5, 2020, the City received the application and other required documents for On-Sale I ntoxicating and Sunday Liquor lic enses with outside servic e for Fireside Foundry. The applic ant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. Proof of liquor liability insurance has been rec eived showing Mid Century I nsurance Company as affording coverage. W orker's compensation insuranc e has also been supplied. An ac countant's statement has been prepared and submitted. This statement covers the period from Oc tober 2019 through September 2020, and indic ates food sales acc ounted for 70% of the total sales, while liquor acc ounted for 30% of the total sales. Environmental Health staff received two complaints regarding Fireside Foundry for the previous year. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any c ause for recommending denial of the requested licenses. The On-Sale I ntoxicating and Sunday liquor licenses will expire on December 31, 2020. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale I ntoxicating and Sunday Liquor establishments to c omply with all the provisions of both City Code and State Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. 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 : The requirements of Resolution No. 9511 must be met, whic h outlines the disc ipline they c an expect if any ongoing problems oc cur. A copy of this resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicants would not be able to obtain On-Sale I ntoxicating and Sunday Liquor lic enses. Schedule the hearing for another date; however, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Fireside Foundry representative AT TAC H ME N TS : D escripti on Type B ackground S ummary C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR THOMPSON’S FIRESIDE PIZZA, INC. d/b/a FIRESIDE FOUNDRY Officers: Richard Thompson- Owner Criminal History: The following criminal histories reflect the previous and current year. Richard Thompson, who also serves as the General Manager, has no known criminal record. Premises: Richard Thompson is the owner of the property. All payments are current. Record of Service Calls: There were 11 Public Safety/Police contacts with Fireside Foundry from October 2019 through September 2020. This compares with 17 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: Thompson’s Fireside Foundry has received no violations for the sale of alcohol to underage youth. Routine Information: On-Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On-Sale Intoxicating and Sunday Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 26, 2020. Fireside Foundry Directors and Officers Richard Thompson Owner -------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2019 through September 2020 Fireside Foundry 2019 2020 TOTAL CONTACTS 17 11 CRIMINAL CONTACTS 7 8 Incidents (see bottom of page for specifics) (7) (8) Alarm (0) (0) MISC. NON-CRIMINAL 10 3 Assists (0) (1) Traffic (7) (2) Inspections/Licensing (0) (0) Medical/Fire (0) (0) Miscellaneous (3) (0) The criminal contacts from October 2019 through September 2020 were: one terroristic threat, one hit and run, two thefts from auto, one follow up call, one disturbance, one damage to property, and one lost property. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #21. STAFF REPORT NO. 174 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, P ublic S afety D irector/C hief of P olice 11/17/2020 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 12/1/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consider to approve the r enewal of 2021 O n-Sale Intoxicating and Sunday Liquor licenses for Lyndale Smokehouse, L LC d/b/a Lyndale Smokehouse, 7745 Lyndale Avenue South. E X E C UT IV E S UM M ARY: On November 6, 2020, the C ity rec eived the applic ation materials for the renewal of On-Sale I ntoxicating and Sunday Liquor licenses for Ly ndale Smokehouse, LLC d/b/a Ly ndale Smokehouse. All required information and documents have been provided. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. I n rec ognition of financial hardships bought on by C ovid-19, the City Council wishes to reduce the intoxic ating liquor lic ense fee and extend the deadline to pay the fee by 90 days. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2021 On-Sale Intoxicating and S unday Liquor licenses along with a 20 percent intoxicating liquor license fee reduction with payment due no later than January 31, 2021 for Lyndale Smokehouse, L L C d/b/a Lyndale Smokehouse, 7745 Lyndale Avenue South. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On November 6, 2020, the City received the application and other required documents for On-Sale I ntoxicating and Sunday Liquor lic enses for Ly ndale Smokehouse. The applic ant has satisfied the following requirements for issuance of a license: Real estate taxes are paid and current. Proof of liquor liability insurance has been rec eived showing Cincinnati I nsuranc e affording the coverage. W orkers' compensation insuranc e has also been supplied. An ac countant's statement has been prepared and submitted. This statement covers the period from Oc tober 2019 through September 2020, and indic ates food sales acc ounted for 62% of the total sales, while liquor acc ounted for 38% of the total sales. Environmental Health staff has received no c omplaints regarding Lyndale Smokehouse. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any c ause for recommending denial of the requested licenses. On-Sale I ntoxic ating and Sunday Liquor licenses will expire on December 31, 2020. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale I ntoxicating and Sunday Liquor establishments to c omply with all the provisions of both City Code and State Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: E.L E GAL C ON S ID E R AT ION : The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems oc cur. A copy of the resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicants would not be able to obtain On-Sale I ntoxicating and Sunday Liquor lic enses. Schedule the hearing for another date; however, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Lyndale Smokehouse representative AT TAC H ME N TS : D escripti on Type B ackground S ummary C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR LYNDALE SMOKEHOUSE, LLC d/b/a LYNDALE SMOKEHOUSE Officers: Harshal Patel- President Minesh Patel- Vice President Criminal History: The following criminal histories reflect the previous and current year. Harshal Patel has no known criminal record. Minesh Patel has no known criminal record. Anthony Lawler, who serves as the Regional Manager, has no known criminal record. Premises: The property is owned by MOA Hospitality Group, LLC. All payments are current. Record of Service Calls: There were 109 Public Safety/Police contacts with Lyndale Smokehouse from October 2019 through September 2020. This compares with 82 contacts for the previous year. These public safety contacts also include the Four Points by Sheraton hotel, in which the restaurant is attached. A breakdown of these contacts is attached to this report. Violations: There are no violations for the sale of alcohol to underage youth for Lyndale Smokehouse. Routine Information: On-Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On-Sale Intoxicating and Sunday Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 26, 2020. Lyndale Smokehouse Directors and Officers Harshal Patel President Minesh Patel Vice President --------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2019 through September 2020 Lyndale Smokehouse 2019 2020 TOTAL CONTACTS 82 109 CRIMINAL CONTACTS 56 63 Incidents (see bottom of page for specifics) (56) (61) Alarm (0) (2) MISC. NON-CRIMINAL 26 46 Assists (13) (35) Traffic (2) (4) Inspections/Licensing (0) (0) Medical/Fire (3) (3) Miscellaneous (8) (4) The criminal contacts from October 2019 through September 2020 were: six thefts, three 911 follow up calls, six suspicious vehicles, three terroristic threats, seven disturbances, six welfare checks, one private property, ten unwanted guest calls, four intoxicated person calls, seven customer trouble calls, three drug related calls, one fraud, one follow up call, two fight calls, one theft from auto, and two commercial alarms. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #22. STAFF REPORT NO. 175 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, P ublic S afety D irector/C hief of P olice 11/17/2020 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 11/30/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consider to approve the r enewal of 2021 O n-Sale Intoxicating and Sunday Liquor licenses, with outside service, for V P C R ichfield Pizza, L LC d/b/a G iordano's of Richfield, 3000 66th Street W est. E X E C UT IV E S UM M ARY: On November 3, 2020, the C ity rec eived the applic ation materials for the renewal of On-Sale I ntoxicating and Sunday Liquor licenses, with outside service, for V P C Richfield Pizza, L L C d/b/a Giordano's of Richfield, 3000 66th Street W est. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. I n rec ognition of financial hardships brought on by C ovid-19, the City Council wishes to reduce the intoxic ating liquor lic ense fee and extend the deadline to pay the fee by 90 days. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2021 On- Sale Intoxicating and Sunday Liquor licenses, with outside service, along with a 20 percent intoxicating liquor license fee reduction with payment due no later than January 31, 2021 for V P C Richfield Pizz a, LL C d/b/a Giordano's of Richfield, 3000 66th Street West. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On November 3, 2020, the City received the application materials for the renewal of On-Sale I ntoxicating and Sunday Liquor lic enses, with outside service for Giordano's of Richfield. The applic ant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are c urrent. Proof of c ommercial and liquor liability insurance have been received showing Employ ers I nsurance C ompany of W ausau as affording c overage. An ac countant's statement has been prepared and submitted. This statement covers the period from Oc tober 2019 through September 2020, and indic ates food sales acc ounted for 93% of the total sales, while liquor acc ounted for 7% of the total sales. Environmental Health staff received no complaints regarding Giordano's of Ric hfield for the previous year. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any c ause for recommending denial of the requested licenses. On-Sale I ntoxic ating and Sunday Liquor licenses will expire on December 31, 2020. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale I ntoxicating and Sunday Liquor establishments to c omply with all the provisions of both City Code and State Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: Lic ensing fees have been rec eived. E.L E GAL C ON S ID E R AT ION : The requirements of Resolution No. 9511 must be met, whic h outlines the disc ipline they c an expect if any ongoing problems oc cur. A copy of this resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicants would not be able to obtain On-Sale I ntoxicating and Sunday Liquor lic enses. Schedule the hearing for another date; however, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Giordano's of Ric hfield representative AT TAC H ME N TS : D escripti on Type B ackground S ummary C over Memo SUMMARY OF BACKGROUND INVESTIGATION FOR VPC RICHFIELD PIZZA, LLC d/b/a GIORDANO’S OF RICHFIELD Officers: Yorgo Koutsogiorgas – President Brent Johnson - Secretary Criminal Histories: The following criminal histories reflect the previous and current year. Yorgo Koutsogiorgas has no known criminal record. Brent Johnson has no known criminal record. Ehrick Holland, who serves as the General Manager, has no known criminal record. Premises: DRFC Southdale Square, LLC is the owner of the property. All payments are current. Record of Service Calls: There were four Public Safety/Police contacts with Giordano’s of Richfield from October 2019 through September 2020. This compares with seven contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There are no violations for sale of alcohol to underage youth. Routine Information: On-Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On-Sale Intoxicating and Sunday Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 26, 2020. Giordano’s of Richfield Directors and Officers Yorgo Koutsogiorgas President Brent Johnson Secretary --------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2019 through September 2020 Giordano’s of Richfield 2019 2020 TOTAL CONTACTS 7 4 CRIMINAL CONTACTS 7 3 Incidents (see bottom of page for specifics) (5) (3) Alarm (2) (0) MISC. NON-CRIMINAL 0 1 Assists (0) (0) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) Miscellaneous (0) (1) The criminal contacts from October 2019 through September 2020 were: one theft, one credit card fraud, and one follow up call. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #23. STAFF REPORT NO. 176 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, P ublic S afety D irector/C hief of P olice 11/17/2020 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 11/30/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consider the approval of the renewal of 2021 On-Sale Intoxicating and Sunday Liquor licenses, with the optional 2 a.m. closing, for Los Sanchez Taquer ia II, L LC d/b/a Los Sanchez Taqueria, 2 W est 66th Street. E X E C UT IV E S UM M ARY: On November 13, 2020, the City received the application and other required documents for the renewal of On-Sale I ntoxicating and Sunday Liquor licenses, with the optional 2 a.m. closing, for Los Sanc hez Taqueria I I , L L C d/b/a Los Sanc hez Taqueria. All required information and doc uments have been provided. All lic ensing fees have been rec eived. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. I n rec ognition of financial hardships brought on by C ovid-19, the City Council wishes to reduce the intoxic ating liquor lic ense fee and extend the deadline to pay the fee by 90 days. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2021 On-Sale Intoxicating and S unday Liquor licenses, with the optional 2 a.m. closing, along with a 20 percent intoxicating liquor license fee reduction with payment due no later than January 31, 2021 for Los Sanchez Taquer ia II, L LC d/b/a Los Sanchez Taqueria, 2 W est 66th Street. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On November 13, 2020, the City received the applic ation and other required doc uments for On-Sale I ntoxicating and Sunday Liquor lic enses, with the optional 2 a.m. closing for Los Sanchez Taqueria I I . The applic ant has satisfied the following requirements for issuance of licenses: The required license fees have been paid. Real estate taxes are c urrent. Proof of liquor liability insurance coverage has been rec eived showing Travelers C asualty I nsurance C ompany as affording coverage. W orkers' compensation insuranc e has also been supplied. An ac countant's statement has been prepared and submitted. This statement cover the period from Oc tober 2019 through September 2020, and indic ates food sales acc ounted for 74% of the total sales, while liquor acc ounted for 26% of the total sales. Environmental Health staff received no complaints regarding Los S anchez Taqueria for the previous year. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any c ause for recommending denial of the requested licenses. The On-Sale I ntoxicating and Sunday Liquor lic enses will expire on Dec ember 31, 2020. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale I ntoxicating and Sunday Liquor lic ense establishments to c omply with all the provisions of both City Code and State S tatutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. 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 : The requirements of Resolution No. 9511 must be met, whic h outlines the disc ipline they c an expect if any on-going problems oc cur. A copy of this resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could deny the requested lic enses, whic h would mean the c urrent applicants would not be able to serve On-Sale I ntoxicating liquor, with the optional 2 a.m. closing; however, Public Safety has found no basis to deny the lic ense. Schedule the hearing for another date; however, this will delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Los Sanchez representative AT TAC H ME N TS : D escripti on Type B ackground S ummary C over Memo SUMMARY OF BACKGROUND INVESTIGATION FOR LOS SANCHEZ TAQUERIA ll, LLC D/B/A LOS SANCHEZ TAQUERIA Officers: Flor Elena Aguilar Palma - Owner Santiago Sanchez Ortiz- Owner Criminal Histories: The following criminal histories reflect the previous and current year. Flor Aguilar Palma has no known criminal record. Santiago Sanchez Ortiz, who also serves as the General Manager, has no known criminal record. Premises: Brixmor SPE 1, LLC, is the owner of the property. All payments are current. Record of Service Calls: There were 23 Public Safety/Police contact with Los Sanchez Taqueria from October 2019 through September 2020. A breakdown of these contacts is attached to this report. Because this is a new license, there are no records to compare. The owners previously had Wine and 3.2 Malt Liquor licenses but held it less than a year before obtaining an On-Sale Intoxicating license. Violations: Being this is a new business, there are no violations for sale of alcohol to underage youth. There were no violations when they held Wine and 3.2 Malt Liquor licenses. Routine Information: On-Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On-Sale Intoxicating and Sunday Liquor licenses. The notice of Public Hearing was published in the Richfield Sun Current on November 26, 2020. Los Sanchez Taqueria Directors and Officers Flor Elena Aguilar Palma - Owner Santiago Sanchez Ortiz - Owner --------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2019 through September 2020 Los Sanchez Taqueria 2020 TOTAL CONTACTS 23 CRIMINAL CONTACTS 15 Incidents (see bottom of page for specifics) (14) Alarm (1) MISC. NON-CRIMINAL 8 Assists (0) Traffic (7) Inspections/Licensing (0) Medical/Fire (0) Miscellaneous (1) The criminal contacts from October 2019 through September 2020 were: three noise complaints, three disturbances, one 911 follow up call, three suspicious vehicles, one customer trouble call, three thefts, and one commercial alarm. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #24. STAFF REPORT NO. 177 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, P ublic S afety D irector/C hief of P olice 11/17/2020 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 12/1/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consider the approval of the renewal of 2021 On-Sale Intoxicating and Sunday Liquor licenses for Lyn 65, L L C d/b/a Lyn 65 K itchen & Bar, 6439 Lyndale Avenue South. E X E C UT IV E S UM M ARY: On November 12, 2020, the City received the application and other required documents for the renewal of On-Sale I ntoxicating and Sunday Liquor licenses for Lyn 65, L LC d/b/a Lyn 65 Kitc hen & Bar. All required information and doc uments have been provided. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. I n rec ognition of financial hardships brought on by C ovid-19, the City Council wishes to reduce the intoxic ating liquor lic ense fee and extend the deadline to pay the fee by 90 days. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2021 On-Sale Intoxicating and S unday Liquor licenses along with a 20 percent intoxicating liquor license fee reduction with payment due no later than January 31, 2021 for Lyn 65, LL C d/b/a Lyn 65 Kitchen & Bar, 6439 Lyndale Avenue South. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On November 12, 2020, the City received the applic ation and other required doc uments for On-Sale I ntoxicating and Sunday Liquor lic enses for Ly n 65 Kitc hen & Bar. The applic ant has satisfied the following requirements for the issuance of a lic ense: Real estate taxes are paid and current. Proof of liquor liability insurance coverage has been rec eived showing I llinois C asualty Company affording the c overage. W orkers’ compensation insurance has also been supplied. An ac countant’s statement has been prepared and submitted. This statement c overs the period from Oc tober 2019 through September 2020, and indic ates food sales acc ounted for 65% of the total sales, while liquor acc ounted for 35% of the total sales. Environmental Health staff has received no c omplaints regarding Lyn 65 Kitchen & Bar for the previous year. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any c ause for recommending denial of the requested licenses. The On-Sale I ntoxicating and Sunday Liquor lic enses will expire on Dec ember 31, 2020. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Section 1202 requires owners of On-Sale I ntoxicating and Sunday Liquor establishments to c omply with all of the provisions of both City Code and State Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. D.F IN AN C IAL IMPAC T: E.L E GAL C ON S ID E R AT ION : The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems oc cur. A copy of this resolution has been given to the owners of the establishment. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicants would not be able to obtain On-Sale I ntoxicating and Sunday Liquor lic enses. Schedule the hearing for another date; however, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Lyn 65 representative AT TAC H ME N TS : D escripti on Type B ackground S ummary C over Memo SUMMARY OF BACKGROUND INVESTIGATION FOR LYN 65, LLC d/b/a LYN 65 KITCHEN & BAR Officers: Bruce Hinks- President Ken Clark- Vice-President Criminal Histories: The following criminal histories reflect the previous and current year. Ken Clark has no known criminal record. Bruce Hinks, who also serves as the General Manager, has no known criminal record. Premises: HNC Properties, LLC is the owner of the property. All payments are current. Record of Service Calls: There were four Public Safety/Police contacts with Lyn 65 from October 2019 through September 2020. This compares with four contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth for Lyn 65 Kitchen & Bar. Routine Information: On-Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On-Sale Intoxicating and Sunday Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 26, 2020. Lyn 65 Kitchen & Bar Directors and Officers Bruce Hinks President Ken Clark Vice-President ------------------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2019 through September 2020 Lyn 65 Kitchen & Bar 2019 2020 TOTAL CONTACTS 4 4 CRIMINAL CONTACTS 4 3 Incidents (see bottom of page for specifics) (2) (2) Alarm (2) (1) MISC. NON-CRIMINAL 0 1 Assists (0) (1) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) Miscellaneous (0) (0) The criminal contacts from October 2019 through September 2020 were: one auto theft, one 911 follow up call, and one commercial alarm. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #25. STAFF REPORT NO. 178 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, P ublic S afety D irector/C hief of P olice O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 12/1/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Public hearing and consider to approve the r enewal of 2021 Pawnbroker and Secondhand G oods Dealer licenses for Metro Pawn & Gun, Inc., 7529 Lyndale Avenue South. E X E C UT IV E S UM M ARY: On October 30, 2020, the C ity rec eived the applic ation materials for the renewal of Pawnbroker and Sec ondhand Goods Dealer lic enses for Metro Pawn & Gun, I nc ., 7529 Lyndale Avenue South. All required information and doc uments have been provided. All lic ensing fees have been rec eived. The Public Safety Director has reviewed the bac kground information and attac hed documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T IO N: Conduct and close the public hearing and by motion: Approve the renewal of 2021 Pawnbroker and Secondhand Goods D ealer licenses for Metro P awn & G un, Inc., 7529 Lyndale Avenue South. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT On October 30, 2020, the City received the application and other required documents for Pawnbroker and Secondhand Goods D ealer licenses for Metro Pawn & Gun, I nc. The applic ant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. The $5,000 bond has been submitted. Environmental Health staff has received no c omplaints regarding Metro P awn & Gun in the previous year. The Public S afety bac kground investigation has been c ompleted. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any c ause for recommending denial of the requested licenses. The Pawnbroker and Sec ondhand Goods Dealer lic enses will expire on D ec ember 31, 2020. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Ric hfield C ity Code Sections 1186 and 1187 require owners of Pawnbroker and Sec ondhand Goods Dealer establishments to c omply with all of the provisions of both City Code and State Statutes. C.C R IT IC AL T IMIN G ISSU E S: There are no critic al timing issues. 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 issues. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il could decide to deny the requested lic enses, whic h would mean the c urrent applicants would not be able to obtain Pawnbroker and Sec ondhand Goods Dealer lic enses. Schedule the hearing for another date; however, this may delay the licensing process. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Metro Pawn & Gun, I nc . representative. AT TAC H ME N TS : D escripti on Type B ackground S ummary C over Memo SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR METRO PAWN & GUN, INC. Officers: Mark Nichols- Owner Elizabeth Nichols- Owner Criminal History: The following criminal histories reflect the previous and current year. Mark Nichols has no known criminal record. Elizabeth Nichols has no known criminal record. John Kunst, who serves as the General Manager, has no known criminal record. Premises: Lynrich Properties, LLC is the owner of the property. All payments are current. Record of Service Calls: There were eight Public Safety/Police contacts with Metro Pawn & Gun, Inc. from October 2019 through September 2020. This compares with eight contacts for the previous year. A breakdown of these contacts is attached to this report. Routine Information: The owner of the business continues to act in a cooperative manner with the Public Safety Department on the recovery of stolen articles. The Notice of Public Hearing was published in the Richfield Sun Current on November 26, 2020. Metro Pawn & Gun, Inc. Directors and Officers Mark Nichols Owner Elizabeth Nichols Owner --------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2019 through September 2020 Metro Pawn & Gun, Inc. 2019 2020 TOTAL CONTACTS 8 8 CRIMINAL CONTACTS 2 3 Incidents (see bottom of page for specifics) (2) (2) Alarm (0) (1) MISC. NON-CRIMINAL 6 5 Assists (3) (3) Traffic (1) (1) Inspections/Licensing (0) (0) Medical/Fire (0) (0) Miscellaneous (2) (1) The criminal contacts from October 2019 through September 2020 were: one damage to property, one suspicious vehicle, and one commercial alarm. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION:RESOLUTIONS AGENDA ITEM #26. STAFF REPORT NO. 180 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: C hris Regi s, F inance D irecor D E PA RTM E NT D IRE C TOR RE V IE W: C hris Regi s, F inance D irector 12/1/2020 O TH E R D E PA RTM E NT RE V IE W: None. C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 12/1/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider resolutions approving the 2020 R evised/2021 Proposed budget and tax levy and related resolutions. E X E C UT IV E S UM M ARY: On September 22, 2020, the City Council approved and c ertified a preliminary tax levy of $23,934,632 which inc luded a levy for general fund operations of $19,001,439, a debt service levy of $3,508,545, a tax abatement levy of $54,043, an equipment and tec hnology levy of $830,000, and an E conomic D evelopment Agenc y levy of $540,605. Acc ordingly, the 2021 preliminary gross levy represents a 5.50% increase from the 2020 gross levy. The final tax levy of $23,934,632 must now be c onsidered and approved by the City C ounc il. Taxpay ers have rec eived individual parcel specific tax notices in antic ipation of the truth-in-taxation hearing. The City of Richfield has conduc ted and closed its 2020 truth-in-taxation hearing on November 30, 2020. During the course of the public hearing, there was an opportunity for testimony from the general public. I nformation was also presented by staff regarding the proposed levy and budget. No official City Council ac tion to act on the levy was permissible on the day of the public hearing. I nc luded for your consideration are salary inc reases for non-represented employee pay plans. The proposed inc reases are 3.00% inc rease for the Management and General Services, and the Spec ialized pay plans. The increases are effec tive the first full pay period of J anuary 2021. RE C O M M E ND E D AC T IO N: By Motion: Adopt the resolutions approving the 2020 Revised/2021 Proposed budget and tax levy and related resolutions. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT N/A. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): A revised 2020 budget and final 2021 budget and tax levy must be adopted on or before December 28, 2020. Cities have five working day s after December 20 or no later than December 28 to prepare all the doc umentation nec essary to certify a final levy to the C ounty Auditor and State Department of Revenue. A proposed 2021 tax levy has been submitted to the City C ounc il for consideration. Several related resolutions included within the total budget doc ument need to be considered. These related resolutions are itemized in the attac hment section of this staff report. C.C R IT IC AL T IMIN G ISSU E S: N/A. D.F IN AN C IAL IMPAC T: The proposed gross tax levy for 2021 is $23,934,632, which includes levies for general fund operations, debt service, the Ric hfield E D A, equipment and tec hnology and a tax abatement levy. The gross tax levy for 2021 reflects a 5.50% increase from the previous y ear ’s gross levy. The City’s tax c apac ity rate will increase from 53.291% in 2020 to 54.011% in 2021. 3.00% wage increase for Management, General Services, and Specialized pay plan employ ees effective J anuary 2021. E.L E GAL C ON S ID E R AT ION : A truth-in-taxation public hearing for the 2021 proposed budget and tax levy was conduc ted on November 30, 2020. ALT E R N AT IV E R E C O MME N D AT IO N(S): The City Council c ould adopt a final 2021 budget and tax levy in any amount, whic h does not exc eed the levy of $23,934,632. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: AT TAC H ME N TS : D escripti on Type Resolution A dopting a 2021 B udget and Tax L evy Resolution L etter Resolution A uthorizing B udget Revisions Resolution L etter Resolution A uthorizing Revision of 2020 B udget of Various D epartments Resolution L etter Resolution 2021 Mileage Reimbursement Rate Resolution L etter Resolution A dopting 2021 C apital Improvement B udget Resolution L etter Resolution A dopting 2022-2025 C apital Improvement P lan Resolution L etter Resolution Relating to P urchasing P ractices Resolution L etter Resolution E stablishing Utility Rates and C harges for 2021 Resolution L etter Resolution E stablishing a P ublic Works On-C all C ompensati on P olicy Resolution L etter Resolution A pproving C ar A llowance Reimbursement P olicy Resolution L etter Resolution Relating to the General S ervices P ay P lan 2021 Resolution L etter Resolution Relating to the Management P ay P lan 2021 Resolution L etter Resolution Relating to the S pecialized P ay P lan 2021 Resolution L etter RESOLUTION NO. RESOLUTION ADOPTING A BUDGET AND TAX LEVY FOR THE YEAR 2021 WHEREAS, the Minnesota Truth in Taxation law provides for a proposed tax levy to be certified to the County Auditor by September 30, 2020 and then recertified before December 28, 2020. 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 2021 is hereby approved and adopted with appropriations for each of the departments to be as follows: General Fund Legislative/Executive $ 1,044,630 Administrative Services 908,360 Finance 743,050 Public Safety 10,447,080 Fire Services 4,995,480 Community Development 1,697,080 Public Works 4,590,640 Recreation Services 2,078,350 Transfers Out 230,000 TOTAL GENERAL FUND $26,734,670 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 2021 which are more fully detailed in the City Manager’s official copy of the 2021 budget, are hereby found and determined to be as follows: TOTAL GENERAL FUND $26,734,670 3. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2020, payable in 2021 for the following purposes and in the following amounts: PURPOSE AMOUNT General Fund1 $19,001,4392 Equipment 830,000 Economic Development Authority 540,605 Debt Service 3,508,545 Cedar Point Tax Abatement 54,043 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 $139,135.50 to $106,756 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 2013A, will be reduced from $160,203.75 to $150,203.75 due to the use of bond fund cash. 6. The debt service tax levy as established in the bond documents for the G.O. Street Reconstruction Bonds, Series 2015A will be reduced from $634,705.32 to $262,495.94 due to the utilization of gas and electric franchise fees. 7. The debt service tax levy as established in the bond documents for the G.O. Refunding Bonds, Series 2016B, will be reduced from $269,850 to $259,850 and $250,761.92 to $240,761.92 due to the use of bond fund cash. 8. The debt service tax levy as established in the bond documents for the G.O. Refunding Bonds, Series 2016C, will be reduced from $724,473.75 to $704,473.75 due to the use of bond fund cash. 9. The debt service tax levy as established in the bond documents for the G.O. Street Reconstruction Bonds, Series 2017A, will be reduced from $620,681.25 to $600,681.25 due to the use of bond fund cash. 10. The debt service tax levy as established in the bond documents for the G.O. Capital Improvement Plan Refunding Bonds, Series 2017B, will be reduced from $350,700 to $340,700 due to the use of bond fund cash. 11. The debt service tax levy as established in the bond documents for the G.O. Street Reconstruction Bonds, Series 2018A will be reduced from $701,163.75 to $273,762.50 due to the utilization of gas and electric franchise fees. 12. The debt service tax levy as established in the bond documents for the G.O. Bonds, Series 2019A will be reduced from $381,570 to $371,570 due to the use of bond fund cash. 13. The budget for the Housing and Redevelopment Authority of Richfield for the year 2021 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 2020, payable in 2021 for the following purposes: PURPOSE AMOUNT Housing and Redevelopment Authority $631,030 14. A certified copy of this resolution shall be transmitted to the County Auditor. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of December 2020. Maria Regan Gonzalez, 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 8th day of December, 2020. Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING REVISION OF 2020 BUDGET OF VARIOUS DEPARTMENTS WHEREAS, Resolution No. 11685 appropriated funds for personal services, other expenses and capital outlays for each department of the City for the year of 2020; 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 2020 budget appropriations in accordance with Charter provisions and as detailed in the Proposed 2021 budget document. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the 2020 appropriations for each department of the General Fund be amended to establish the following totals: General Fund Legislative/Executive $ 934,680 Administrative Services 902,610 Finance 686,140 Public Safety 10,012,520 Fire Services 4,852,170 Community Development 1,650,000 Public Works 4,352,180 Recreation Services 1,729,630 Transfer Out 1,420,290 TOTAL GENERAL FUND $26,540,220 INCREASE $ 1,079,500 2. Estimated 2020 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 2021 budget, are hereby revised as follows: INCREASE $1,079,500 3. That the City Manager and the Finance Director bring into effect the provisions of this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of December 2020. Maria Regan Gonzalez, Mayor ATTEST: ________________________ Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING ADJUSTMENT TO CITY’S MILEAGE REIMBURSEMENT RATE TO CONFORM TO INTERNAL REVENUE SERVICE STATUTORY MILEAGE REIMBURSEMENT RATE WHEREAS, the Internal Revenue Service periodically adjusts the business mileage reimbursement rate; and WHEREAS, the City of Richfield’s present mileage reimbursement is in conformance with the Internal Revenue Service business mileage reimbursement rate; and NOW , THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota: 1. That the City Manager of Richfield is hereby authorized and directed to adjust the City’s mileage reimbursement rate to be in conformance with Internal Revenue Service guidelines. 2. That the City’s mileage reimbursement rate is not to exceed the Internal Revenue Service guidelines. Approved by the City Council of the City of Richfield, Minnesota this 8th day of December, 2020. ________________________ Maria Regan Gonzalez, Mayor ATTEST ___________________________ Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION ADOPTING THE 2021 CAPITAL IMPROVEMENT BUDGET WHEREAS, a proposed Capital Improvement Budget for 2021 has been prepared and submitted for review by the City Council in accordance with charter requirements; and WHEREAS, the City Council has received the recommendations and benefit of review of these proposed documents by the Planning Commission and has itself reviewed these proposals. NOW, THEREFORE, BE IT RESOLVED that the 2021 Capital Improvement Budget in the sum total of $29,585,000 is hereby approved as amended and adopted with full recognition of the fact that the cost estimates are approximate and are subject to final cost estimates and that all awards of contracts for these projects are subject to necessary hearings and must be approved by the City Council in accordance with established laws and practices governing such action, and BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to initiate the procedures which will lead to more formal and detailed consideration of these projects in accordance with the aforementioned laws and practices. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of December, 2020. Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION ADOPTING THE 2022-2025 CAPITAL IMPROVEMENT PROGRAM WHEREAS, a proposed Capital Improvement Program 2022-2025 has been prepared for review by the Planning Commission in accordance with charter requirements; and WHEREAS, the City Council has received the recommendations and benefit of review of these proposed documents by the Planning Commission and has itself reviewed these proposals. NOW, THEREFORE, BE IT RESOLVED that the 2022-2025 Capital Improvement Program is hereby approved and adopted subject to annual review and revision; BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to initiate the procedures which will lead to more formal and detailed consideration of these projects in accordance with the aforementioned laws and practices. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of December, 2020. Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION RELATING TO PURCHASING PRACTICES IN THE CITY OF RICHFIELD AMENDING RESOLUTION NO. 11586 WHEREAS, the City Manager of the City of Richfield has purchasing authority pursuant to the City Charter and Administrative Ordinance Code; and WHEREAS, the City Charter and Administrative Ordinance Code expressly state a purchasing authority limit for the City Manager, and WHEREAS, all purchases in excess of $175,000 will require approval by City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: That the City Manager of the City of Richfield is hereby granted the authority to enter into contracts or approve purchases on behalf of the City of Richfield up to, but not to exceed $175,000. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of December, 2020. Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION ESTABLISHING WASTEWATER SERVICE RATES AND CHARGES, WATER RATES AND CHARGES, SPECIAL WATER SERVICE CHARGES, STORM SEWER RATES AND CHARGES, STREET LIGHT RATES AND CHARGES, AND 6.5% PENALTY ON PAST DUE ACCOUNTS BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: SANITARY SEWER SERVICE RATES AND CHARGES FOR 2021 1. Pursuant to the provisions of Section 705.0 of the Ordinance Code of the City of Richfield, the rates and charges for use and service of the sanitary sewer system are hereby established to be those set forth in the following paragraphs of this resolution which rescinds Resolution No. 11692 2. Where the rate is not based upon the metered use of water, the following quarterly flat charges are established effective January 1, 2021 for each billing district as defined in paragraph 3 of this resolution. A) Residential per unit 2021 $121.04 B) Commercial - For the equivalent of 10 or less persons More than 10, less than 15 More than 15, less than 20 More than 20, less than 26 $121.04 $220.46 $308.81 $412.10 C) Institutional - For each public or private school the quarterly flat charge shall be charged whether the school is in session or not (rates being charged upon average yearly use); shall be based upon the number of students enrolled at the beginning of the quarterly billing period or the preceding period if school is not then in session; and shall be as follows: For each 100 grade school students or fraction in excess thereof For each 100 junior high school students or high School students or fraction thereof 2021 $126.74 $186.21 D) In addition to the above flat rates there shall be a customer Charge on each invoice as determined in paragraph 4 of this resolution and a certification charge as determined in Section 705.0 of the City Ordinance Code. 3. Where the rate for sanitary sewer service is based upon the metered use of water on the premises, such rates shall be as follows: A) For all residential premises the rate shall be based on The actual use, or less of water for the preceding winter quarter, per thousand gallons with a minimum of 7,000 gallons, effective January 1, 2021, for each customer billing district and shall be as follows: 2021 $ 6.03 For the purpose of this paragraph A), the winter quarter shall be the winter quarter as specified in Subdivision 3 of said section 705.0. B) For all commercial, institutional, industrial, and other premises, the rate per thousand gallons of water effective January 1, 2021, shall be as follows: $ 6.03 C) A customer charge shall be made for each invoice rendered effective January 1, 2021 as follows: If the invoice is for water service, as well as sanitary sewer service, the customer charge, when collected, shall be allocated proportionally between the City’s water fund, sewer fund, and its storm sewer fund based on the user fees billed for by each fund. $ 10.00 D) Where the metered use of water on the premises for the preceding winter quarter was not normal, the rate may be adjusted as provided in Subdivision 3 of said Section 705.0. 4. The foregoing rates and charges are in addition to, and not in lieu of, other rates and charges established by ordinance or resolution. 5. The Metropolitan Airports Commission (MAC) will be charged a sanitary sewer rate based on the Met Council Environmental Services (MCES) rate plus 15% for Inflow/Infiltration and $1,000.00 per quarter for administration costs. WATER RATES AND CHARGES FOR 2021 1. Pursuant to the provisions of Section 715.0 of the Ordinance Code of the City of Richfield, the rates and charges for City water and water service are hereby established to be those set forth in the following paragraphs of this resolution: The charges due and payable to the City by each water customer of the City, during any quarter shall be based upon the Conservation Rate Structure. Water-Tier 1: The first tier rate is ($4.18 per thousand) charged for consumption of the first 15,000 gallons. Water-Tier 2: The second tier rate is ($5.02 per thousand) charged for consumption of 15,001 gallons but less or equal to 25,000 gallons. Water-Tier 3: The third tier rate is ($6.04 per thousand) charged for consumption in excess of 25,001 gallons. Irrigation accounts: All consumption will be charged at the ($5.92 per thousand) water-tier 3 rate. The Conservation Rate Structure applies to multi-unit and residential premises. Commercial, institutional or industrial will only be subject to the Water-tier 1 rates for domestic use, irrigation accounts will be subject to the Water-tier 3 rate. Water charges shall be payable quarterly, and all bills issued after January 1, 2021 shall be at this rate. SPECIAL WATER SERVICE CHARGES FOR 2021 1. Pursuant to the provisions of Section 715.0 of the Ordinance Code of the City of Richfield, the rates and charges for special customer services are hereby established to be those set forth in the following paragraphs of this resolution: 2. The charge for establishing a new customer account shall be $15.00 per account. 3. The charge for installation of meters shall be $50.00 per installation. 4. The charge to flush and maintain fire hydrants located on privately owned property within the City shall be $50.00 per hydrant per year plus any required parts. 5. The charge to thaw and service water pipes on customer property shall be actual cost to the City plus thirty percent. 6. The charge for any other services not covered by the above shall be based on actual hourly cost to the City plus thirty percent. 7. The MN lab fee will is $9.72. STORM SEWER RATES AND CHARGES FOR 2021 1. Pursuant to the provisions of Section 720.0 of the Ordinance Code of the City of Richfield, the rates and charges for City storm sewer service are hereby established to be those set forth in the following paragraphs of this resolution: 2. The rates and charges for the use and availability of the system are determined through the use of a “Residential Equivalent Factor” (REF). One REF is defined as the ratio of the average volume of surface runoff coming from one acre of land and subjected to a particular use, to the average volume of runoff coming from one acre of land subjected to typical single-family residential use within the City during a standard one year rainfall event. The REF’s for the following land uses within the City and the billing classifications for such land uses are as follows: LAND USES REF CLASSIFICATION Cemeteries .25 1 Parks and railroads .75 2 Two-family residential 1.00 3 Single-family residential 1.00 4 Public and private schools and institutional uses 1.25 5 Multiple-family residential uses and churches 3.00 6 Commercial, industrial, and Warehouse uses 5.00 7 3. The basic system quarterly rate for storm sewer service is $103.82 per acre of land. $20.76 is the quarterly rate for a single-family residence, which is considered to have an acreage of one-fifth acre. The charge made against each parcel of land is then determined by multiplying the REF for the parcel’s land use classification times the parcel’s acreage times the basic system rate. STREET LIGHT RATES AND CHARGES FOR 2021 1. Pursuant to the provisions of Minnesota State Statutes, Section 429.101and Section 825 of the Ordinance Code of the City of Richfield, the rates and charges for City street light service are hereby established to be those set forth in the following paragraphs of this resolution: 2. The street light fee for residential single family property is $5.77 per quarter. 3. Rates for other land uses will be determined by land use types based on the following table: STREET LIGHT LAND USES: COM All commercial properties, to include multifamily residents (apartments) and industrial parcels. RES All residentially coded parcels. PUB Public buildings, i.e. City Hall, City Garage, and Fire Stations CHURCH All Churches also to include cemeteries and activity buildings associated with a Church SCH All schools, to include private and public schools. PRK All parks owned by the City of Richfield, also to include Nature Centers and all “properties” located within city park parcels DPLX Addresses that split a residential lot, to include townhomes, 3-plexes, and 4- plexes. LAND USE CODE MULTIPLIER To Bill FACTOR COM (acres>0.2) if acres≤0.2 5* ---- (5 x ACREAGE) 1 RES ---- 1 PUB (acres>0.2) if acres ≤0.2 5 ---- (5 x ACREAGE) 1 CHURCH (acres>0.2) if acres ≤0.8 if acres ≤0.2 1.25** ---- ---- (1.25 x ACREAGE) 1 1 SCH (acres>0.2) if acres ≤0.8 if acres ≤0.2 1.25 ---- ---- (1.25 x ACREAGE) 1 1 PRK 1.25 (1.25 x ACREAGE) DPLX ---- 0.5 4. The multiplier of “5” is based on the definition that a residential lot is 1/5 of an acre; hence multiplying acreage by 5 produces the equivalent number of residential lots. 5. The multiplier of “1.25” ” is based on the definition that a residential lot is 1/5 of an acre and multiplying acreage by 5 produces the equivalent number of residential lots. However, the total area of each parcel is not proportional to the number of street lights in an equivalent residential area so the factor of 5 is reduced by 75%, producing 1.25. 6.5% PENALTY ON PAST DUE ACCOUNTS 1. Customers will have twenty eight (28) days to pay their water, sanitary sewer, storm sewer, and street light quarterly bills from the date of the mailing by the City. Any unpaid amount will be added to the next quarterly bill along with a 6.5% penalty on the delinquent amount. 2. The penalty charge when billed on past due accounts shall be allocated proportionally between the City’s water fund, sewer fund, and storm sewer fund based on the user fees billed for each fund. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of December, 2020 Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION ESTABLISHING A PUBLIC WORKS ON-CALL COMPENSATION POLICY WHEREAS, the City Council has determined to provide Public Works Superintendent/Managers/Supervisors compensation for being on-call for possible Public Works emergencies; and WHEREAS, the good judgment of a Public Works Superintendent/Managers/ Supervisors is needed to provide quality response to Public Works emergencies such as water main breaks, street light knock downs, and sewer main back ups; and WHEREAS, the City Council finds it necessary to establish a policy to provide such employees with on-call compensation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield hereby adopts the following On-call Compensation Policy: Public Works Superintendents/Managers/Supervisors who remain on-call by carrying the emergency cell phone (or similar device) for a period of one week will be compensated at a rate established annually as part of the budget preparation process, beginning with $100 a month in 2021. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of December 2020. ___________________________________ Maria Regan Gonzalez, Mayor ATTEST: __________________________________ Elizabeth VanHoose, City Clerk RESOLUTION NO. _____ RESOLUTION AUTHORIZING A CAR ALLOWANCE REIMBURSEMENT POLICY WHEREAS, the City Council has determined not to provide certain positions with a City vehicle for the performance of the employee’s official City duties; and WHEREAS, said employees are required to use their own personal vehicle in the performance of their official duties; and WHEREAS, such employees are responsible for the fuel, maintenance, insurance and all other expenses required for the upkeep of their personal vehicles; and WHEREAS, the City Council finds it necessary to establish a policy to provide such employees with a car allowance reimbursement; and WHEREAS, the car allowance is an estimated amount intended to reimburse such employees for the reasonable expenses that they will incur in the performance of their official duties; and WHEREAS, the car allowance reimbursement represents the City’s full obligation and responsibility regarding the provision of automobile transportation to such employees. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield hereby adopts the following car allowance reimbursement schedule at the amount of $225 per month: Community Development Director Public Works Director Liquor Operations Director Superintendents Adopted by the City Council of the City of Richfield, Minnesota this 8th day of December 2020. _____________________________ Maria Regan Gonzalez, Mayor ATTEST: _________________________ Elizabeth VanHoose, City Clerk RESOLUTION NO. RESOLUTION RELATING TO THE 2021 GENERAL SERVICES SALARY COMPENSATION PLAN WHEREAS, the compensation personnel policy of the City of Richfield provides for the adoption of a pay plan for General Services employees from time-to-time, and WHEREAS, the City administration has prepared a 2021 pay plan for position classifications for General Services employees. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 2021 the following pay plan, which is to be effective the first full pay period of January 2021, and subject to all applicable provisions of the personnel policy and City Code: a. Step 2 - Start b. Step 3 - One year from anniversary date. If an employee successfully passes probationary period. c. Step 4 - One year since last increase. If an employee is rated Below Expectations, the employee may not advance to Step 4 until performance is rated Meets Expectations or higher. d. Step 5 - One year since last increase. An employee must achieve a Meets Expectations rating or better in all areas of responsibility before advancing to Step 5. e. Step 6 - One year since last increase. An employee must achieve a Meets Expectations rating or better in all areas of responsibility before advancing to Step 6. Employees whose competency level and/or performance are rated Below Expectations may not advance to the next step until their performance improves. Passed by the City Council of the City of Richfield, Minnesota this 8th day of December 2020. Maria Regan Gonzalez Mayor ATTEST: Elizabeth VanHoose City Clerk (Revised 11-2020) RESOLUTION NO. RESOLUTION RELATING TO THE 2021 MANAGEMENT SALARY COMPENSATION PLAN WHEREAS, the compensation personnel policy of the City of Richfield provides for the adoption of a pay plan for Management employees from time-to-time; and WHEREAS, the City administration has prepared a 2021 pay plan for position classifications for Management employees. WHEREAS, the City Council recognizes that adjustments to the pay plan may be necessary at times to address inequities or other issues due to external and internal factors, BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to make adjustments to the pay plan to: add or reclassify positions as necessary; make equity adjustments to individual positions when warranted; and, resolve other issues that may arise to aid in the fair and equitable implementation of the pay plan. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 2021 the following pay plan, which is to be effective the first full pay period of January 2021, and subject to all applicable provisions of the personnel policy and City Code: Normal Progression Through Management Compensation Plan The Range Adjustment shall be applied to Management employees who have achieved at least a Meets Expectations performance evaluation during the preceding year. Employees who have received a Below Expectations performance evaluation are eligible for ½ of the following year’s range adjustment. The Range Adjustment is effective January 1, 2021. Individual Merit adjustments will normally be made effective on an employee’s anniversary date and will vary in size, depending on the individual’s performance rating and current position in the salary range in line with the following criteria. PERFORMANCE POSITION IN SALARY RANGE RATING UNDER 95% MIDPOINT 95-105% OF MIDPOINT OVER 105% OF MIDPOINT Outstanding 3.5 to 5% 1.6 to 4% 1 to 2% Above Average 1.6 to 3.5% .5 to 1.5% .5 to 1% Satisfactory .5 to 1.5% No Merit Increase No Merit Increase Needs Improvement No Merit Increase. Requires mandatory 6-month evaluation. Not Satisfactory No future increases until performance improves to at least Satisfactory. Performance and employee status subject to mandatory review every 3 months. Passed by the City Council of the City of Richfield, Minnesota this 8th day of December 2020. Maria Regan Gonzalez Mayor ATTEST: Elizabeth VanHoose City Clerk MANAGEMENT POSITION CLASSIFICATION STRUCTURE GRADE POSITION TITLES CLASS M-L Liquor Store Manager Exempt M-1 City Clerk Exempt Facility/Program Manager Exempt Operations Supervisor Exempt Project Engineer Exempt Support Services Supervisor Exempt Utilities Supervisor Exempt M-2 Assistant City Engineer Exempt Assistant Utilities Superintendent Exempt Chief Building Official Exempt Operations Manager (Parks/Fleet) Exempt Transportation Engineer Exempt Communications Manager Exempt Battalion Chief Exempt Housing Manager Exempt M-3 Assistant Fire Chief Exempt Human Resources Manager Exempt Information Technologies Manager Exempt Operations Superintendent Exempt Planning & Redevelopment Manager/Asst CD Director Exempt Utilities Superintendent Exempt Government Buildings Superintendent Exempt City Engineer Exempt M-4L Liquor Operations Director Exempt M-4 Deputy Public Safety Director Exempt M-5A Administrative Services Director/Assistant City Manager Exempt Finance Director Exempt Fire Services Director/Fire Chief Exempt Recreation Services Director Exempt M-5B Community Development Director Exempt Public Safety Director/Police Chief Exempt Public Works Director Exempt (Rev. 11-20) RESOLUTION NO. RESOLUTION RELATING TO THE 2021 SPECIALIZED PAY PLAN WHEREAS, the compensation personnel policy of the City of Richfield provides that the pay grades, the number of steps or range of each pay grade, the compensation rates in each pay grade and the method of normal progression through the pay grade be established by Council resolution; and WHEREAS, the City administration has prepared a 2021 pay plan for the positions for which there are no essentially similar position classification in other regular pay plans. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 2021 the following pay plan which is to be effective the first full pay period of January 2021 and subject to the provisions of the personnel policy and City Code: Normal Progression Through the Specialized Pay Plan Individual employees will be eligible to received increases to the next higher-grade step based on individual performance and the following progression: Step 1 - Start Step 2 – Minimum 500 hours worked per year from anniversary start date or two years from anniversary date Step 3 – Minimum 500 hours worked per year from anniversary date or two years from last increase. Step 4 – Minimum 500 hours worked per year from anniversary date or two years from last increase Passed by the City Council of the City of Richfield, Minnesota this 8th day of December 2020. Maria Regan Gonzalez Mayor ATTEST: Elizabeth VanHoose City Clerk 1 2 3 E Cashier/Concession E Winter Sports Attendant 4 NE Arena Event Attendant NE Dance Coordinator NE Skate Coordinator 5 NE Adaptive Leader/Specialist NE Inclusion Facilitator NE Intern E Lead Concession E Lifeguard E Outdoor Skating/Winter Sports Supervisor E Playground Leader NE Teen Leader 6 NE Building Attendant NE Sports Event Attendant NE Liquor Sales Associate NE Receptionist 7 NE Accounting Clerk – Int. & Sub. NE NE Housing Intern Ice Resurfacer Operator NE Maintenance Worker NE Naturalist I 8 NE Adaptive Coordinator NE Farmers Market Coordinator NE Office Assistant - Int. & Sub. E Playground Coordinator E Summer Food Program Coord. NE Teen Coordinator E Tennis Coordinator 9 NE Administrative Services Clerk NE Code Enforcement Tech E Pool Supervisor NE Video Production Assistant 10 NE Engineering Aide/Intern 11 NE Motor Vehicle Licensing Clerk 12 E Pool Coordinator 13 NE Utility Billing Assistant NE Videographer Instructors NE Building Inspector NE Figure Skating NE Hockey (Arena) NE Sports Official NE Substitute Naturalist NE Dance E Cross Country Ski E Hockey (outside) E Tennis E WSI OTHER Instructor’s Range: $5.75 - $50 Election Judge $10.00 Election Co-Chair $12.00 Election Chairperson $13.00 NE=Non-Exempt, may work up to 40 hours per week without overtime pay. E-Exempt may work up to 48 hours per week without overtime pay. All Pool positions are exempt from overtime, even Concessions. All Playground and Outdoor Rink positions are exempt. All Community Center, Wood Lake Nature Center, Ice Arena and Maintenance positions are non-exempt. (Revised 11/20) AGENDA SECTION:RESOLUTIONS AGENDA ITEM #27. STAFF REPORT NO. 181 CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: J ulie Urban, Housing and Redevelopment Manager D E PA RTM E NT D IRE C TOR RE V IE W: J ohn S tark, C ommunity D evelopment D i rector 11/24/2020 O TH E R D E PA RTM E NT RE V IE W: C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 11/30/2020 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider a resolution approving the 2021 budget for the Affordable Housing Trust Fund. E X E C UT IV E S UM M ARY: On May 26, 2020, an Affordable Housing Trust Fund (Trust Fund) was established to support the preservation and c reation of affordable housing in the City. Through its Trust Fund, the C ity can support the rehabilitation and preservation of existing affordable housing, promote the development of additional affordable housing, and assist individuals with rental and down payment assistanc e. T he City's Housing and Redevelopment Authority (H R A) administers the Trust Fund on behalf of the City. T he 2021 Trust Fund budget includes funding for the following affordable housing programs: 1. $110,000 in federal Community Development Block Grant (CDB G) funds are budgeted for the H R A's First-time Homebuyer Program. T his program provides up to $15,000 in purchase assistance funds to homebuyers who earn less than 80% of the Area Median Income (AMI). Priority is given to Richfield renters, parents with children, and households with at least one member with a disability. Up to 11 households will be assisted by this program. 2. $125,000 in Economic Development Authority (E D A) levy funds are budgeted for the Kids@Home Program. T his program provides a rent subsidy and supportive services to families with children in a Richfield school for up to four years. Households earning less than 60% of the AMI are eligible for this program. Up to 25 families will be assisted by the program. RE C O M M E ND E D AC T IO N: By motion: Adopt a resolution approving the 2021 budget for the Affordable Housing Trust Fund. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT In 2017, the State Legislature approved legislation to allow cities to establish housing trust funds in order to facilitate affordable housing efforts in the State. On May 26, 2020, the City Council adopted an ordinance establishing an Affordable Housing Trust Fund. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Minnesota Statutes 462C.16 establishes the authority for cities to create loc al housing trust funds. The C ity's C omprehensive Plan supports the preservation, maintenance and diversific ation of the City 's housing stoc k and the provision of housing that meets the diverse needs of all its residents. Ensuring housing stability for its residents and preserving and creating affordable housing furthers these goals. The HRA works to implement the Comprehensive Plan by administering a variety of housing programs for people who own their homes and who rent their homes as well as for residents across the income spec trum. C.C R IT IC AL T IMIN G ISSU E S: The 2021 Affordable Housing Trust Fund budget should be approved before J anuary 1, 2021. D.F IN AN C IAL IMPAC T: The proposed 2021 Affordable Housing Trust Fund is funded with federal Community Development Bloc k Grant funds and the Richfield E D A levy. T he 2020 revised budget included $125,000 in H R A Capital Improvement Fund money for emergency rent assistance; however, the H R A has been reimbursed for that expenditure with federal CARE S Act funds so there are no expenditures/revenues in the Trust Fund in 2020. E.L E GAL C ON S ID E R AT ION : The A ffordable Housing Trust Fund is administered by the HRA. The budget is approved by the City C ounc il. The Trust Fund c an support affordable housing to persons of very low, low and moderate income. Both programs meet this definition. Homeownership programs for moderate income households (up to 120% AMI ) must be approved a super majority of the City Council. Neither program requires this super majority. ALT E R N AT IV E R E C O MME N D AT IO N(S): Dec ide not to approve the Affordable Housing Trust Fund budget. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: N/A AT TAC H ME N TS : D escripti on Type Resolution Resolution L etter Housing Trust F und Ordinance Ordinance RESOLUTION NO. _____ RESOLUTION ADOPTING AN AFFORDABLE HOUSING TRUST FUND BUDGET FOR THE YEAR 2021 WHEREAS, authorized by Minnesota State Statutes 462C.16, the City approved by ordinance the creation of an Affordable Housing Trust Fund on May 26, 2020, and WHEREAS, the ordinance requires the City Council to approve an annual budget for the Affordable Housing Trust Fund. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Budget for the Affordable Housing Trust Fund is hereby approved and adopted with appropriations as follows: • $110,000 in Community Development Block Grant funds for the Housing and Redevelopment Authority’s First-time Homebuyer Program. • $125,000 in Economic Development Authority levy funds for the Kids@Home Program. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of December, 2020. Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk BILL NO. ______ AN ORDINANCE ESTABLISHING AN AFFORDABLE HOUSING TRUST FUND THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Preamble. 1.01. In order to provide the City of Richfield (the “City”) with additional tools to support the rehabilitation and preservation of existing affordable housing within the City, promote the development of additional affordable housing within the City, and assist individuals with rental and down payment assistance, the City has determined to create an Affordable Housing Trust Fund. Section 2. Definitions. 2.01. Persons of very low income means families and individuals whose incomes do not exceed 50 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 Metropolitan Statistical Area, as adjusted for smaller and larger families. 2.02. Persons of low income means families and individuals whose incomes do not exceed 80 percent of the 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 Metropolitan Statistical Area, as adjusted for smaller and larger families. 2.03. Persons of moderate income means families and individuals whose incomes exceed 80 percent, but do not exceed 120 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 Metropolitan Statistical Area, as adjusted for smaller and larger families. Section 3. Establishing Affordable Housing Trust Fund. 3.01. Pursuant to the authority granted to the City under Minnesota Statutes Section 462C.16, an affordable housing trust fund is established for the following purposes: provide loans and grants to for-profit and non-profit housing developers for the acquisition and capital and soft costs necessary for the creation of new affordable rental and owner- occupied housing, for the rehabilitation and preservation of existing multi-family residential rental housing including naturally occurring affordable housing and rental assistance and homeownership assistance to persons of very low, low, and moderate income. Bill No. _____ Page 2 2 Section 4. Funding Sources. 4.01. The Affordable Housing Trust Fund shall be funded by an annual budgeted allocation of funds from the Housing and Redevelopment Authority in and for the City of Richfield (HRA) levy and funds from the Richfield Economic Development Authority (EDA) levy, as approved by the City Council. Other sources of funding may include, but are not limited to: (a) Private cash donations from individuals and corporations designated for the Affordable Housing Trust Fund. (b) Payments in lieu of participation in current or future affordable housing programs. (c) Matching funds from a federal or state affordable housing trust fund; or a state program designated to fund an affordable housing trust fund. (d) Principal and interest from Affordable Housing Trust Fund loan repayments and all other income from Affordable Housing Trust Fund activities. (e) The sale of real and personal property. (f) Local government appropriations, development fees and other funds as designated from time to time by the City Council. (g) Tax Increment Finance (TIF) pooled funds. Section 5. Purpose of Affordable Housing Trust Fund. 5.01. The City may use money from the Affordable Housing Trust Fund to assist proposed projects or programs to develop or preserve affordable housing for persons of very low, low, and moderate income to include: (a) Making loans at interest rates below or at market rates in order to strengthen the financial feasibility of proposed projects; (b) Guaranteeing of loans; (c) Providing gap financing for affordable housing developments; (d) Financing the acquisition, demolition, and disposition of property for affordable housing projects; (e) Financing construction of public improvements and utilities to aid proposed affordable residential developments; Bill No. _____ Page 3 3 (f) Financing the rehabilitation, remodeling, or new construction of affordable housing; (g) Tenant and project based rental assistance; (h) Funding for acquisition and rehabilitation in conjunction with or related to affordable housing projects; (i) Funding to facilitate affordable homeownership opportunities including down payment assistance, second mortgages, closing costs, etc.; (j) Administrative costs associated with affordable housing programs that do not exceed ten percent of the balance fund; (k) Interim financing of public costs for affordable housing projects in anticipation of a permanent financing source (i.e. construction financing, bond sale, etc.); and (l) Other uses as permitted by law and approved by the City Council. Section 6. Administration of Affordable Housing Trust Fund. 6.01. The Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (the “Authority”) shall administer the Affordable Housing Trust Fund on behalf of the City. 6.02 The Authority shall determine the terms and conditions of repayment of loans and grants from the Affordable Housing Trust Fund including the appropriate security and interest, if any, should repayment be required. Interest on loans and grants shall be as established by the Authority from time to time or at the time of approval of a specific project or program. 6.02. The Authority shall report annually to the City on the use of the funds in the Affordable Housing Trust Fund, including the number of loans and grants made, the number and types of residential units assisted, and the number of households for which rental assistance or down payment assistance were provided. The City shall post the annual report on its Website. Section 7. Council Action. 7.01. The City Council of the City of Richfield hereby ordains the implementation of the Affordable Housing Trust Fund. 7.02. This Ordinance shall be effective on the 30th day following the publication of a Bill No. _____ Page 4 4 summary of this ordinance approved by the City Council of the City of Richfield in the official newspaper of the City of Richfield. 7.03. The summary of this Ordinance was reviewed and approved by the City Council of the City of Richfield and the City Council finds that the summary of this Ordinance clearly informs the public of the intent and effect of this Ordinance. Section 8. This Ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted by the City Council of the City of Richfield, Minnesota on ____________, 2020. _________________________________ Maria Regan Gonzalez, Mayor Attest: Beth Vanhoose, City Clerk Action on this ordinance: Date of introduction: May12, 2020 Date of adoption: _____, 2020 Motion for adoption: Seconded by: Voted in favor of: Voted against: Abstained: Absent: Ordinance adopted. Date of publication: I hereby certify that the foregoing is a true and correct copy of an ordinance adopted by the City Council of the City of Richfield, Minnesota, at a meeting held on May 26, 2020. Bill No. _____ Page 5 5 Beth Vanhoose, City Clerk 650776v2(JAE) RC125-377 AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #30. CIT Y COUNCIL ME E T ING 12/8/2020 RE P O RT P RE PA RE D B Y: D E PA RTM E NT D IRE C TOR RE V IE W: O TH E R D E PA RTM E NT RE V IE W: C ITY M A NA G E R RE V IE W: I T E M F O R C O UNC I L C O NS I D E RAT IO N: Presentation of the Edwina G arcia Community B uilder Award and proclamation. E X E C UT IV E S UM M ARY: RE C O M M E ND E D AC T IO N: B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): C.C R IT IC AL T IMIN G ISSU E S: D.F IN AN C IAL IMPAC T: E.L E GAL C ON S ID E R AT ION : ALT E R N AT IV E R E C O MME N D AT IO N(S): P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: AT TAC H ME N TS : D escripti on Type 2021 C ommuni ty B uilder Award P roc.B ackup Materi al Proclamation of the City of Richfield WHEREAS, Richard C. Jabs has received the first annual Edwina Garcia Community Builder Award for his commitment to the Richfield community; and WHEREAS, Richard C. Jabs has volunteered in Babe Ruth Little League, West Richfield Little Baseball and chaired the Richfield Athletic Association consolidation of Little League; and WHEREAS, Richard Jabs was president of the Richfield High School Band Boosters, served as a member of the Metropolitan Council Parks & Open Space Commission, chaired the Referendum for a new community center; and WHEREAS, Richard Jabs chaired the Richfield Planning Commission, chaired the Richfield Community Services Commission and was a member of the two previous Comprehensive Plan Committees; and WHEREAS, Richard Jabs was chair of the new Municipal Center building committee, chaired the Richfield Band Shell Task Force, elected president of the Friends of the Richfield Band Shell, and was a member of Richfield Foundation; and WHEREAS, Richard Jabs served as a member the Task Force to renovate the Richfield Pool, was a member of a task force to locate the City Maintenance Facility and was chair of Visions 2020 Community Spirit; and WHEREAS, on behalf of the residents and businesses of the City of Richfield recognize and thank Richard Jabs for his tireless leadership and participation in the fabric (or life) of our community, and Now, THEREFORE, I Maria Regan Gonzales, Mayor of the City of Richfield and the Richfield Council Members do hereby award you this Proclamation for your service demonstrating your commitment to the core values of the City of Richfield. PROCLAIMED this 8th day of December, 2020. Maria Regan Gonzalez, Mayor