052510 agenda packetCITY OF RICHFIELD, MINNESOTA
TUESDAY, MAY 25, 2010
SPECIAL CITY COUNCIL WORKSESSION
CITY HALL COUNCIL CHAMBERS
6700 PORTLAND AVENUE
6:00 P.M.
AGENDA
Call to order
Roll call
1. Discussion regarding Richfield parks ordinance revisions (Council Memo No 74)
Notes:
2. Discussion regarding City's Key Financial Strategies (Council Memo No. 75)
Notes:
Adjournment
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
7:00 P.M.
AGENDA
INTRODUCTORY PROCEEDINGS
Call to order
Roll call -
Open forum (15 minutes maximum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for
others. Comments are to be an opportunity to address the Council on items not on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting.
Notes:
Pledge of Allegiance
Approval of minutes of (1) Special City Council Meeting of May 5, 2010; (2) Special City
Council Worksession of May 11, 2010; and (3) Regular City Council Meeting of May 11,
2010
PRESENTATIONS
1. Presentation of Certificates of Appreciation to Miss Richfield Ambassadors and Junior
Ambassadors (Council Memo No. 76)
2. Presentation of Richfield Tourism Promotion Board, Inc. financial report for year ended
December 31, 2009
COUNCIL DISCUSSION
3. Council discussion
• Hats Off to Hometown Hits
Notes:
AGENDA APPROVAL
4. Council approval of agenda
CONSENT CALENDAR
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 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. Item postponed to June 8, 2010
B. Consideration of approval of resolution supporting submittal of application to
Hennepin County for Transit Oriented Development Program Grant for
redevelopment transit improvements and streetscape improvements associated with
Woodlake Plaza Housing redevelopment project S.R. No. 92
C. Consideration of approval of resolution authorizing execution of application to
conduct off-site gambling for Fred Babcock VFW Post #5555 to sell pull-tabs at
Fourth of July street dance in Veterans Park on July 3, 2010 S.R. No. 93
Notes:
6. Consideration of items, if any, removed from Consent Calendar
Notes:
PUBLIC HEARING
7. Public hearings and second readings of:
• ordinance modifying electric franchise fee on Northern States Power d/b/a Xcel
Energy for providing electric service within City of Richfield;
• ordinance modifying gas franchise fee on CenterPoint Energy for providing gas
service within City of Richfield; and
• consideration of resolutions authorizing summary publication of both ordinances
Staff Report No. 94
Notes:
PROPOSED ORDINANCE
8. Consideration of second reading of Richfield City Code Subsection 549.21 Subd. 8
amending sign ordinance relating to non-commercial speech to be consistent with State
law
Staff Report No. 95
Notes:
OTHER BUSINESS
9. Consideration of replacement of traffic signal at 70th Street and 12th Avenue with all-
way stop control
Staff Report No. 96
Notes:
CITY MANAGER'S REPORT
10. City Manager's report
Notes:
11. Claims and payrolls
Open forum (additional 15 minutes if more time needed after first Open Forum and by
majority vote of the City Council)
Each speaker is to keep their comment period to three minutes to allow sufficient time for
others, Comments are to be an opportunity to address the Council on items not on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting,
Notes:
12.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.
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
May 20, 2010
Council Memorandum No.74
The Honorable Mayor
and
Members of the City Council
Subject: Parks Ordinance Revision
(Worksession Agenda Item No. 1 )
Council Members:
A Special Council Worksession is scheduled on May 25 to resume a discussion with the
City Council of the below topics and other revisions to the City's Park Ordinance.
Community Services Chair Gerry Charnitz will present the attached draft ordinance.
The revised ordinance introduces additional park rules including a comprehensive
restriction of the use of tobacco, no feeding wild animals, damaging vegetation and a
restriction on the selling of products. or services in parks. The Commission also
recommends allowing portable ice houses on Taft Lake during daylight hours only. City
Council discussed the proposed changes on November 3 and gave the Community
Services Commission direction to proceed with developing a draft ordinance.
With regards to the tobacco restriction, the City will have the choice of using
misdemeanor/criminal. method or administrative enforcement program as the process of
collecting a fine for smoking on park grounds. Richfield has used only the
misdemeanor/criminal method in the past, which is administered through the Hennepin
County Court System. In this system, some of the fees are predetermined, such as
traffic offenses, and the fine amount is listed on the ticket. A judge can fine someone up
to $300 for a petty misdemeanor. Hennepin County collects the fine and a portion is
then given to the City of Richfield.
For the administrative enforcement program, the City must adopt a schedule of fines for
offenses through resolution and also to establish and maintain a hearing officer. A
person that receives a ticket has the option to pay the fine or to settle the offense
through a hearing officer. The County is not involved with fee collection. City Attorney
Corrine Heine will be present at the worksession to provide more information on both
fine collection methods.
Enforcement of the tobacco ordinance was a concern to the Council. To provide
enforcement without placing a burden on Richfield Police, the Commission is
recommending that Recreation Services staff be given the authority to issue parks
ordinance citations. Furthermore, the following enforcement plan is recommended:
• Staff Training -Richfield Recreation Services staff shall receive training from the
Pubic Safety Director about the implementation, enforcement, and violation of the
Park Ordinance.
• Public Education -Richfield residents will be informed about the implementation,
enforcement, and violation of the Park Ordinance through press releases,
Recreation Brochure, utility bills, City website and cable TV.
• Signage -All park signs will be replaced with updated signs. Some targeted
areas will be installed with tobacco free signs and signs pertaining to the feeding
of wild animals.
Another Council concern was the enforcement of the tobacco ordinance during the
Fourth of July Celebration, where there are thousands of people attending, many of
which do not live in Richfield. The Commission is recommending to not to include an
exemption of the ordinance during the Fourth of July Celebration because there are
other popular community events in Richfield also and the Commission thought an
exemption for one event would lead to an exemption for more events.
Ily subm' d,
Manager
SLD:cak
Attachment
Email: Department Directors
Assistant to the City Manager
ORDINANCE NO.
AN ORDINANCE RELATING TO CONDUCT WITHIN CITY PARKS AND
RECREATION FACILITIES; PROHIBITING TOBACCO USE, SALES
ACTIVITY, FEEDING OF WILD. ANIMALS, UNREASONABLE USE OF
SOUND SYSTEMS, UNLEASHED DOGS, AND DAMAGE TO PARK PLANTS
AND TREES; AMENDING SECTION 840 OF THE RICHFIELD CITY CODE;
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Section 840 of the Richfield City Code is amended by adding the following
subsections:
840.13 Use of Tobacco Products Prohibited No person may use tobacco products on city-
owned parks, conservation areas open spaces or recreational facilities including without
limitation: trails within parks used for walking and bikini, picnic shelters. athletic fields_
and play areas. This subsection does not apply to the use of tobacco products inside motor
vehicles parked on the premises of city-owned parks conservation areas open s acp es or
recreational facilities.
840.15 Selling Food Products or Services Prohibited No person may sell or offer for sale
any product food or service in any public park without the prior written approval of the
recreation services director.
840.17 Feeding of Wild Animals or Birds Prohibited. No person may feed non-
domesticated animals or birds or deposit a food source for non-domesticated animals or
birds within City-owned parks, conservation areas open spaces or recreational facilities with
the exception of authorized City officials.
840.19 Regulations on Public Bodies of Water in Parks. The following activities are
prohibited on bodies of water in city parks, except as authorized by subsection 835.09 of this
~e: swimming, bathing, placing ice tishin~ houses or similar enclosures snowmobilir
'. the use of any boat raft or any other device or object designed to support or buo~p a
lvidual m, upon or attached to such device or object with the exception of authoriz
y officials . Portable ice houses arepernutted on Taft Lake during davliallt hours only.
840.21 Dogs and Animals in Parks. All doffs must be leashed in public parks An animal
owner or person having custody or control of an animal shall immediately clean up and
samtarily dispose of any feces of the animal except that this provision does not apply to
blind
and
840.23 Damming Vegetation in Parks. No person may damage or disturb any flower bed
planting area, or ornamental landscaped area within acity-owned park conservation area,
open space or recreational facility. No person may cut, trim or remove any wild flower. tree.
shrub, plant, branch or portion thereof; or any soil or other material from a city-owned nark_
conservation area, open space or recreational facility with the exception of authorized Citv
officials.
Sec. 2. This ordinance is effective in accordance with Section 3.09 of the Richfield City
Charter.
ATTEST:
Debbie Goettel, Mayor
Nancy Gibbs, City Clerk
367297v1 CAH RC160-7
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
May 20, 2010
Council Memorandum No. 75
The Honorable Mayor
and
Members of the City Council
Subject: Key Financial Strategies
(Worksession Agenda Item No. 2 )
Council Members:
At the May 25, 2010 Special City Council Worksession, staff will present to the City
Council the annual Key Financial Strategies financial plan. This will serve as a
preliminary discussion on the plan. Information will be distributed at the meeting.
If you have questions, please contact Chris Regis or me.
SLD:cak
Email: Department Directors
Finance Managers
Assistant to the City Manager
CITY COUNCIL MINUTES
Richfield, Minnesota
Special City Council Meeting
May 5, 2010
Members Present:
Not Present:
Sue Sandahl, Pat Elliott, Tom Fitzhenry, and Fred Wroge.
Debbie Goettel, Mayor.
The City Council attended the Michael Development neighborhood open house regarding the
proposed development at Lyndale Avenue and 64th Street.
Date Approved:
Debbie Goettel
Mayor
Cheryl. Krumholz Steven L. Devich
Recording Secretary City Manager
J
CITY COUNCIL MINUTES
Richfield, Minnesota
Special Worksession
May 11, 2010
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 5:31 p.m.
ROLL CALL
Council Members
Present: Debbie Goettel, Mayor; Fred Wroge; Sue Sandahl; Tom Fitzhenry; and Pat
Elliott.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director;
Kristin Asher, City Engineer; Chris Link, Street Maintenance Supervisor;
and Cheryl Krumholz, Recording Secretary.
Item #1 DISCUSSION REGARDING STORMWATER REGULATIONS AND EFFECT ON
WINTER ROAD SALE APPLICATION (COUNCIL MEMO NO. 68)
City Engineer Asher presented information on the total maximum daily load related to
stormwater and water quality standards with the Nine Mile Creek Watershed.
Street Maintenance Supervisor Lihk presented information on road salt application impacts
and proposed alternatives and changes, including financial implications.
Item #2 DISCUSSION REGARDING TRANSPORTATION PRIORITIES (COUNCIL MEMO
NO.68)
Public Works Director Eastling and City Engineer Asher presented information regarding
transportation priorities on the national, state, county and local levels.
Special Worksession Minutes -2- May 11, 2010
The City Council consensus was to form a collaborative with other entities to join in support
to develop increased political influence related to the TH77 Underpass as a regional project
because the underpass is key for redevelopment along the I-494 Corridor.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:55 p.m.
Date Approved:
Cheryl Krumholz
Recording Secretary
Debbie Goettel
Mayor
Steven L. Devich
City Manager
J
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
May 11, 2010
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:03 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; Tom Fitzhenry; and Pat
Elliott.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director;
John Stark, Community Development Director; Jim Topitzhofer, Recreation
Services Director; Corrine Heine, City Attorney; and Cheryl Krumholz,
Recording Secretary.
OPEN FORUM
None.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Wroge, S/Sandahl to approve the minutes of (1) Special City Council Worksession of
April 27, 2010 and (2) Regular City Council Meeting of April 27 2010.
Motion carried 5-0.
Council Meeting Minutes -2- May 11, 2010
Item #1 PRESENTATION OF PROCLAMATION DESIGNATING MAY 16-22, 2010 AS
SMALL BUSINESS WEEK IN RICHFIELD
Tim Carter, Richfield Chamber of Commerce Chair, recognized Richfield's small
businesses -Carrousel Travel and Masar & Amundson, PA.
Mayor Goettel presented a proclamation to the Richfield Chamber of Commerce.
Item #2 ANNUAL MEETING WITH ADVISORY BOARD OF HEALTH
Jennifer Turrentine, Advisory Board of Health Chair, provided a report on the Board's
activities and goals.
Item #3 PRESENTATION REGARDING NATIONAL PUBLIC WORKS WEEK
Public Works Director Eastling recognized the efforts of the Public Works Department..
Item #4 COUNCIL DISCUSSION
• HATS OFF TO HOMETOWN HITS
Council Member Wroge announced the July 4 parade route has been changed from 70th
Street back to 66th Street.
Tom Rublein, 2016 West 64th Street, Fourth of July Committee member, explained the
committee voted to change the route back because 66th Street provided greater crowd
accommodation and was more traditional.
The City Council consensus was to participate in the July 4 parade by riding their bikes
again.
Council Member Fitzhenry acknowledged the positive comments from residents for police
officers and their work.
Mayor Goettel acknowledged the success of the recent Cinco de Mayo event.
Item #5 COUNCIL APPROVAL OF AGENDA
M/Sandahl, S/Wroge to approve the agenda.
Motion carried 5-0.
Council Meeting Minutes -3- May 11, 2010
Item #6 CONSENT CALENDAR
A. Consideration of approval of first reading of transitory ordinance providing for expenditure of
funds from Special Revenue Fund for certain capital improvements and scheduling public
hearing and second reading for June 8, 2010 S.R. No. 79
B. Consideration of approval of first reading of amendment to Richfield City Code Subsection
549.21 Subd. 8 related to sign ordinance for non-commercial speech to be consistent with
State law and scheduling public hearing and second reading for May 25, 2010 S.R. No. 80
C. Consideration of approval of resolution authorizing City of Richfield to enter into Cooperative
.Agreement with Hennepin County for purchase of gasoline and diesel fuel S.R. No. 81
RESOLUTION NO. 10364
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO HENNEPIN
COUNTY CONTRACT NO. A100689 WITH THE COUNTY OF HENNEPIN, STATE OF
MINNESOTA FOR THE PURCHASE OF FUEL DURING THE PERIOD COMMENCING
JANUARY 1, 2011 AND TERMINATING DECEMBER 31, 2015.
This resolution appears as Resolution No. 10364.
D. Consideration of approval of authorizing Mayor and City Manager to sign consent and
conflict waiver for Kennedy & Graven regarding representation of City of Richfield in
Comlux, Inc. business subsidy loan matter S.R. No. 82
Consideration of approval of amendment to 1999 Metropolitan Livable Communities Act,
Livable Communities Demonstration Account Grant Agreement for Richfield Rediscovered
Apartment Remodeling Program S.R. No 83
E. Consideration of approval of purchasing Maenke Brothers Outdoor, Inc. services for
landscape maintenance of LHN and 77th Street maintenance assessment districts and 35W
and 66th Street bridge area for total cost of $44,299 S.R. No. 84
F. Consideration of approval of contract with Sheridan Sheet Metal Company for installation of
new steel roof at Madison Park building in amount of $26,860 S.R. No. 85
G. Consideration of approval of award of contract to Ron Kassa Construction for curb and
gutter repair in Ice Arena parking lot in amount of $55,445 S.R. No. 86
M/Sandahl, S/Fitzhenry to approve the Consent Calendar.
Motion carried 5-0.
Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
Item #8 PUBLIC HEARING AND SECOND READING OF ORDINANCE RELATING TO
MUNICIPAL ELECTIONS, AMENDING SECTIONS 4.02 AND 4.06 OF
RICHFIELD CITY CHARTER S.R. NO. 87
Council Member Sandahl presented Staff Report No. 87.
Council Meeting Minutes -4- May 11, 2010
M/Wroge, S/Sandahl to close public hearing.
Motion carried 5-0.
M/Sandahl, S/Goettel that this constitutes the second reading of Bill No. 2010-3 amending
Section 4.02 and 4.06 of the Richfield City Charter and that it be published in the official newspaper
and that it be made part of these minutes.
Motion carried 5-0.
Item #9 CONSIDERATION OF SECOND READING OF AMENDMENT TO RICHFIELD
CITY CODE SUBSECTION 549.25 SUBD. 2(a) RELATED DYNAMIC SIGN
REQUIREMENTS CLARIFYING REQUIREMENT THAT DYNAMIC DISPLAYS
BE STRUCTURALLY CONNECTED TO STATIC (NON-CHANGING) PORTION
OF SIGN S.R. NO. 88
Council Member Wroge presented Staff Report No. 88.
M/V1/roge, S/Sandahl that this constitutes the second reading of Bill No. 2010-4 amendin~c.
City Code Subsection 549.24 Subd. 2~) and that it be published in the official newspaper and that
it be made part of these minutes.
Motion carried 5-0.
Item #10 CONSIDERATION OF RESOLUTION ADOPTING MODIFICATION TO
REDEVELOPMENT PLAN FOR RICHFIELD REDEVELOPMENT PROJECT
AREA AND ESTABLISHMENT OF 2010-1 HOUSING TAX INCREMENT
FINANCING DISTRICT (AKA WOODLAKE HOUSING TAX INCREMENT
-FINANCE DISTRICT) S.R. NO. 89
Mayor Goettel presented Staff Report No. 89.
M/Goettel, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10365
RESOLUTION ADOPTING A MODIFICATION TO THE
REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT
PROJECT AREA AND ESTABLISHING THE 2010-1 HOUSING TAX
INCREMENT FINANCING DISTRICT (WOODLAKE HOUSING)
THEREIN AND ADOPTING A TAX INCREMENT
FINANCING PLAN THEREFORE
Mayor Goettel requested clarification on the amount of tax increment financing (TIF)
requested by the developer.
Community Development Director Stark explained the differences in the amounts used for
determining increments.
Rebecca Kurtz, Ehlers & Associates, discussed the TIF eligible expenses.
Council Meeting Minutes -5- May 11, 2010
Council Member Elliott asked if the value of the HRA-owned lot is paid back through TIF.
Ms. Kurtz explained the process for payment of the lot.
Council Member Sandahl stated support for the project because she believes the developer
will be a good neighbor making positive improvements and providing housing resources for
residents.
Council Member Sandahl asked about the current value of the property and the estimated
value with a new building.
Community Development Director Stark explained the Hennepin County assessing process.
Council Member Fitzhenry stated support for the project because he believes that without
TIF assistance, there would be no development and improving the area is necessary to create
excitement for future development. He expressed concern about the density of apartments.
Council Member Wroge stated he was trying to find a way to approve the project because
he believes housing is needed. He expressed concerns including the developer starting this
process two years ago before the economy was down, length of the TIF District, needing to do this
project because it is the only one offered, developing a process to determine when a project
.becomes too expensive to do, difficulty in obtaining solid information because of differences in what
is provided, HUD being the only competition for financing, differences in market value and no
appraisal estimate from the assessor.
Council Member Wroge continued that he supported the projecf because the developer has
affirmed their assistance with relocation costs for tenants, providing the screening the neighborhood
determines they want, providing a separate parking area if vehicles from the complex park in the
neighborhood, and the existing mortgage is being paid off and not rolled into the financing
Terry McNellis, Michael Development, discussed the financial sources and uses related to
the project and expressed concern that the property has not been appraised high enough. He also
explained the HUD financing.
Mayor Goettel expressed concerns regarding financial risks for the City, the number of
vacancies in the current market and management of the complex.
Council Member Wroge asked about zoning requirements.
Community Development Director Stark explained the Comprehensive Plan designation
allows this type of development and that there would likely be a rezoning to a planned unit
development which is customary.
Mr. McNellis stated they do no walk away from financial obligations.
Council Member Elliott stated he supported the project for many of the same reasons as
Council Member Wroge.
Council Member Elliot stated he has concerns with adding more apartments but he believes
the proposed units are well-designed and well-crafted. The project is an investment in Richfield and
any commercial venture is risky.
Council Member Elliott requested a land use pre-payment, pre-sale clause commitment from
the owner to stay with the building and maintain a partnership in the community.
Mr. McNellis assured the City Council that they are long-term holders wanting to get a return
on their investment.
Council Meeting Minutes -6- May 11, 2010
Community Development Director Stark stated the TIF pay-as-you-go note is pledged to the
developer who has the right to assign that to someone else.
Mr. McNellis added that HUD takes assignment of the note. He discussed their application
for a Hennepin County transit oriented development grant for funding public improvements which
will be recommended to the Hennepin County Board if the TIF assistance is approved.
Ms. Kurtz explained the process used to determine the market value based upon
reasonable assumptions. She added the assessor will not lock into a value until the project is built.
Mayor Goettel questioned the project proceeding if construction costs are higher than
anticipated.
Mr. McNellis stated this has been an incremental process so it is possible costs could
increase. They want to build a quality building using value engineering and not changing the
proposed density.
Council Member Wroge said the business community supports the project but that it is no
guarantee for the development of other sites in that area.
City Manager Devich clarified the difference in the market value estimates from an appraisal
and the Hennepin County assessor. These are subjective estimates made in good faith and best
efforts as to what the project is worth and when it is completed, the assessor will determine
estimated market value. TIF projects are pay-as-you-go, not upfront costs, and the negotiations
are in the best interest of the City. Previous TIF projects have been successful in Richfield.
Mayor Goettel stated she has grave concerns regarding the risks.
Motion carried 5-0. This resolution appears as Resolution No. 10365.
Community Development Director Stark stated a resolution supporting the TOD grant
application will come before the'City Council for their consideration at a future meeting.
Item #11 CONSIDERATION OF CRITERIA FOR REMOVAL AND OUTREACH PLAN
REGARDING EMERALD ASH BORER S.R. NO 90
Council Member Fitzhenry presented Staff Report No. 90.
Public Works Director Eastling discussed the proposed communication plan.
Council Member Wroge questioned the property owner's ability to object to removal of an
infected tree.
Public Works Director Eastling responded that staff is requested direction on how to proceed
in this type of situation.
The City Council consensus was to have the City Forester make the decision on treatment
or removal based upon structural or safety versus aesthetic concerns. -~
Council Meeting Minutes -7- May 11, 2010
Item #12 CITY MANAGER'S REPORT
City Manager Devich provided an update on recent Hennepin County Board actions
regarding dispatching services for other cities.
The City Council requested they be provided the final Property Maintenance Task Force
report.
Item #13 CLAIMS AND PAYROLL
M/Wroge, S/Sandahl that the following claims and payrolls be approved:
U.S. BANK 05-11-27
A/P Checks: 194168 - 194597 $ 1,937,178.37
PAYROLL 66042 - 66352; 41472 $ 382,237.00
TOTAL $ 2,319,416.07
Motion carried 5-0.
OPEN FORUM
None.
ADJOURNMENT
The City Council meeting was adjourned by unanimous consent at 9:15 p.m.
Date Approved:
Debbie Goettel
Mayor
Cheryl Krumholz
Recording Secretary
Steven L. Devich
City Manager
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
May 20, 2010
Council Memorandum No. 76
The Honorable Mayor
and
Members of the City Council
Subject: Miss Richfield Ambassador Recognition
(Council Agenda Item. No. 1)
Council Members:
This year, there are nine candidates for Miss Richfield Ambassador. The coronation is
scheduled for Tuesday, July 6 at 6:30 PM in the Richfield High School auditorium.
There are also ten candidates for Richfield Junior Ambassador, with the coronation
scheduled at Sunday, July 4 at 6 p.m. at Veterans Park (south side).
Certificates of Appreciation will be given to current royalty and this year's candidates at
the May 25, 2010 City Council meeting. Biographies for each are attached.
SLD:ds
Attachment
E-mail: Department Directors
Assistant to the City Manager
2009-2010 Current Richfield Ambassadors
Katelin Freeman is one of the 2009-2010 Richfield Ambassadors. She considers
herself very fortunate for her experience as an Ambassador, but is in no rush to give up
her title just yet. Katelin feels her experience has been absolutely amazing and that she
has been blessed with two amazing ambassador sisters Emily and Maria, as well as two
adorable little sisters Mindy and Josie. Katelin also has two very supportive parents,
Scott and Gayle Freeman. She is also thankful of her sister Krista, who helps her get
prepared for a lot of the events, and her sister Kelly, who keeps her humble with jokes
and wisdom. Katelin's year has been full of memories but one of the most rewarding
experiences she had was volunteering at a crisis nursery with kids ages 6 days old to 5
years old.
Aside from all the glamorous parades and coronations, which she loved, volunteering
was definitely the best part of being an Ambassador for Katelin. Katelin has a fresh
outlook on life thanks to the Richfield Ambassador Program.
Next year, Katelin will be attending the University of South Dakota in Vermillion (Go
Yotes!) where she plans to major in art education and minor in theater. Through this
educational path, Katelin will be combining all of the joys in her life including art, working
with children, imagination, and acting.
Emily Schnacky is one of the three 2009-2010 Richfield Ambassadors. Her
experience as an Ambassador has been incredible and has given her many
opportunities to do things she never imagined she would do. Whether it was waving to
the crowd along a parade route, jumping in a pool of mud, stuffing her face full of
spaghetti, or simply making another person smile, she will always remember this
wonderful year.
One thing her year as an Ambassador opened her eyes to is the power of volunteering.
Each and every volunteer event was valuable in its own way whether it was serving a
snack at a crisis nursery, packing presents into a truck at Toys for Tots; timing at the
Special Olympics, or stuffing bears at Cancurables, volunteering this year was what she
enjoyed most.
It is not only the memories throughout this yearlong journey that are important to Emily;
it is the people who have been by her side who have made this journey one she will
never forget. This year Emily made friendships to last a lifetime with the four other
Ambassadors who will always be the sisters she never had, the royal family, along with
people from our community and surrounding communities. Emily is also appreciative of
the supportive of her wonderful parents, David and Marilyn Schnacky. When Emily is
not in crown and gown, she enjoy cheerleading, camping, biking, and hanging out with
friends. Next year, she will be returning to the University of Minnesota Duluth as a
sophomore where she will be pursuing a degree in Communications along with Minors
in both French and Journalism.
Maria Carrillo is a 2009-2010 Richfield Ambassador. Maria is in disbelief of how fast
the past, year has gone by and finds it difficult to believe that her time as an
Ambassador is almost over. She has had the privilege of sharing her year with 4
amazing young ladies, Katelin, Emily, Josie and Mindy who will always act as the sisters
she never had. Being a part of the Richfield Ambassador Program has taught Maria
more about herself as well as the community that surrounds her. She has lived in
Richfield for 6 years and has learned many things that she didn't know before. As a
result of her involvement in the Ambassador Program, she will always be a part of the
4th of July celebration and forever be a part of the Richfield community. Maria's favorite
event was the Special Olympics; there was nothing better than putting a smile on
someone's face.
Maria would like to thank her remarkable parents, Abigail Perez and Rodrigo Carrillo, for
being supportive and her 5 brothers: Oscar, Rodrigo Jr., Victor, Jesus and most of all
Cruz for being there every step of the way. When she is not volunteering or in a crown,
Maria enjoys rollerblading, playing soccer, and reading. Next year, she will be a
Maverick at Minnesota State University, Mankato. Maria plans to major in Social
Studies Education for her love for. children, teaching, and the joy of being a leader.
2009-2010 Current Richfield Junior Ambassadors
Mindy Bolar watched her 1St Richfield fireworks when she was one day old., and hasn't
missed one since. The 4th of July has always been special to Mindy because every
year her whole family travels here from several states to participate in all the Richfield
4th of July activities, and celebrate her birthday. Mindy attends Blessed Trinity Catholic
School in Richfield where she is in the 2nd grade. She is a fantastic reader, and is very
proud that she only got only one spelling word wrong all year. Mindy is the daughter of
Glen and Judy Bolar, has a younger sister Shelby, and three wonderful foster sisters.
Mindy is an avid dog enthusiiast. She can identify any dog breed by sight, and hopes to
open her own rescue shelter when she grows up. ,
Mindy has loved being a Jr. Ambassador. Her favorite events this year are a tie
between watching the shoot-out at Jesse James Day in Northfield, and cheering on her
big sisters in aspaghetti-eating contest. She also whole-heartedly embraced
volunteering at community events such as Kids Against Hunger and Santa To A Senior.
But she is .most looking forward to ,being in the Richfield 4th of July Parade -the last one
of her ambassador year. Mindy has loved sharing once-in-a-lifetime moments with her
four ambassador compadres, and loves that Maria, Katelin, Emily and Josie have
become life-long cherished friends.
Josephine Carson is the daughter of Troy and Sara Carson. Her siblings are Noah,
Lizzy and Adeline Carson. She enjoys animals and has a pet guinea pig and- 4 chicks.
Josephine attends Seven Hills Classical Academy in Bloomington where she is in Mrs.
Carlin's 2nd grade class. In her free time, she enjoys drawing and playing outside. She
would like to be an artist or vet when she grows up. Josephine has had a wonderful
year as a Richfield Junior Ambassador. Her favorite event was volunteering at the
Richfield Fire Department open house last fall. Josephine is looking forward to atl of the
Richfield Hometown 4th of July activities including the Kiddie Parade where she intends
to walk on her stilts.
2010-2011 Richfield Ambassador Candidates
Brooke Buchanan is currently a student at Minneapolis Community and Technical
College and has plans to transfer to the Art Institute to major in Interior Planning. She is
the daughter of Angela Johnson. Brooke is a cheerleading coach at Richfield High
School and also a sales associate at Mac's. Mortgage Elite Forest Green is Brooke's
sponsor.
Baza Haile-Selassie is sponsored by the Hearing Stores of Minnesota. A junior at
Richfield High School, Baze is involved in Varsity Tennis, Vice President of the Junior
Class Student Government, and-band. Baza is the daughter of Negussie Haile-Selassie
& Almaz Abebe and plans to become a college professor in the future. She likes to
volunteer with Big Brothers Big Sisters and it's Leadership Council as well as at Abbott
Northwestern Hospital.
Michele Heinecke, a junior at Richfield High School, is the captain of the swim team, a
member of National Honors Society, and active in the theatre department. In her free
time Michele likes to cook, swim, and spend time with her family. Darrell and Deb
Heinecke are Michele's parents. Richfield Bloomington Credit Union is Michele's
sponsor.
Mara LaBlanc is currently a junior at Richfield High School where is she is a
cheerleader, a member of the O Ambassadors, and works on the yearbook. Mara is
sponsored by the Minnesota School of Business. Mara is the daughter of Kenneth and
Rosemary LaBlanc who plans on attending'the Aveda Institute after she graduates.
Photography, reading, and hanging out with family and friends are some of the things
that Mara likes to do.
Carolina Ortiz is in her junior year at Richfield High School. She is sponsored, by
Edward Jones Office of Steve Larson. In her spare time she likes to volunteer at her
church.
Lieza Pawluk is sponsored by Bon Auto Body. Lieza is a junior at Richfield High
School. She enjoys working at her church and Rainbow Foods, going camping, and
walking her dog. In the future Lieza hopes to attend the Aveda Institute and work on
movies before eventually opening her own salon. Glen and Judy Bolar are Leiza's
parents.
Virginia Sanchez is the daughter of Alejandro & Virginia Sanchez. After completing
her senior year at Richfield High School, where she is a member of the synchronized
swim team, Virgina will be attending St. Mary's University to pursue a psychology or
sociology major In her spare time Virgina likes to volunteer with Big Brothers Big
Sisters, run, and read. Broadway Pizza is Virginia's sponsor.
Haily Schantzen is a senior at Richfield High School where she is involved with the
theater. The daughter of Duke Schantzen and Kathy Green, Hailey will be attending the
University of Minnesota next year. The Richfield Rotary Club is sponsoring Hailey..
Amy Ta will graduate from Richfield High School this year. After that she plans on
attending Normandale Community College and eventually hopes to become a nurse
working with children In high school Amy was involved in DECA, synchronized
swimming, and a manger for soccer and wrestling. When she has free time she likes to
be with family and friends and volunteer. Amy is the daughter of Linn Tran and is
sponsored by Comcast Cable.
2010-2011 Richfield Jr. Ambassador Candidates
ShayLee Bartelle, the daughter of Keely Corbett and Tal Bartelle, is in 2"d grade. Her
favorite thing about the 4th of July is the Street Dance because you get to listen to music
and dance. She wants to be a Junior Ambassador because all of the events are very
exciting. Shay is proudly sponsored by the Richfield Optimist Club.
Regina Bolstad, a 1 St grader, is the daughter of Andrea Bolstad. Her favorite thing
about the 4 of July is watching the parade and fireworks. She wants to be a Junior
Ambassador to join in all of the fun. Regina is proudly sponsored by Ohana Styling
Salon.
Alison Samantha Carrillo, the daughter of Jesus and Karen Carrillo, is in 1 St grade.
Her favorite place in Richfield is the Richfield Dual Language School because she
learns a lot there. She wants to be a Junior Ambassador because she wants to help
people and make new friends. Alison is proudly sponsored by Xcel Energy.
Erin Jones, a 1St grader, is the daughter of Scott and Sharon Jones. Her favorite place
in Richfield is her school because she loves learning and she wants to be a Junior
Ambassador because she wants to be involved with lots of events and meet new
people. Erin is proudly sponsored by Back to Health Chiropractic.
Kylie LaValrie, the daughter of Diana and Jim LaValle, is in 2"d grade. Her favorite thing
about the 4 of July is the fireworks and she wants to be a Junior Ambassador because
her favorite holiday is the 4th of July Celebration and she would love to meet new
people. Kylie is proudly sponsored by Bremer Bank.
Lydia Nash, a 2"d grader, is the daughter of Alan and Tanya Bischof. She enjoys going
to Veterans Park because of the trails and it's where the fireworks are held. She wants
to be a Junior Ambassador because she likes the program and spending time with the
other girls. Lydia is proudly sponsored by Katie Robison AVON.
Lorelei Schwab, the daughter of Steve and Liza Schwab, is in kindergarten. Her
.favorite thing about the 4t of July is watching the fireworks on top of her car. She wants
to be a Junior Ambassador because it is a lot of fun. Lorelei is proudly sponsored by
Schneeberger's Edina Realty.
Dasmond Simmons, a 2"d grader, is the daughter of Cindy Bushey. Her favorite thing
about the 4 of July is the parade, fireworks, and food. She wants to be a Junior
Ambassador because she likes making new friends and going to all of the events.
Dasmond is proudly sponsored by TCF Bank.
Rachel Soberg, the daughter of Jodi Soberg, is a 1St grader. Her favorite place in
Richfield is Legion Park because she likes all of the nature and fun things to. She wants
to be a Junior Ambassador because she wants to participate in the activities and
support the community. Rachel is proudly sponsored by Aspen Waste.
Sarah Wichterman, a 2"d grader, is the daughter of Steve and Susie Wichterman. Her
favorite part of the 4th of July is the parade and carnival. She wants to be a Junior
Ambassador because she likes the 4th of July celebration. Sarah is proudly sponsored
by Comcast Cable.
STAFF REPORT
AGENDA SECTION
AGENDA ITEM #
REPORT #
CITY COUNCIL MEETING
MAY 25, 2010
CONSENT
SB
92
REPORT PREPARED BY:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of resolution supporting the submittal of an application to Hennepin County for a
Transit Oriented Development Program Grant for redevelopment transit improvements and
streetscape improvements associated with the Woodlake Plaza Housing redevelopment
project.
I. RECOMMENDED ACTION:
By Motion: Adopt the attached resolution supporting the submittal to
Hennepin County for a Transit Oriented Development Program Grant
for redevelopment transit improvements and streetscape
improvements associated with the Woodlake Plaza Housing
redevelopment project.
II. BACKGROUND
The proposed Woodlake Plaza Housing development is intended by its developers
(Terry McNellis and Mike Swenson) as a "transit-friendly" design located along a
major transit route (Lyndale Avenue). As such, the developers have submitted a
grant request to Hennepin County for funding through the Transit Oriented Design
program (TOD). Their application is in the amount of $300,000 and would fund
such items as a bus shelter and streetscape improvements along Lyndale Avenue
as well as contributing funds towards demolition and site work in order to make the
project more financially feasible.
052510 Woodlake Plaza TOD Grant Support
JOHN STARK, COMMUNITY
DEVELOPMENT DIRECTOR
In order to consider the grant request, Hennepin County requires a resolution
affirming local support for the grant application.
Hennepin County staff will bring their recommendations to the Hennepin County
Board in June for final awarding of grant funds.
III. BASIS OF RECOMMENDATION
A. POLICY
• It is appropriate to seek outside funding whenever possible.
• Hennepin County requires a resolution affirming local support before
considering grant applications.
B. CRITICAL ISSUES
• Hennepin County staff must receive an executed resolution prior to
June 1, 2010 in order to consider this grant application.
C. FINANCIAL
• No local match is required for the TOD grant program, but the grant
program gives preference to projects in which substantial investments
from other sources are committed.
• Funding from Hennepin County would not decrease the amount of Tax
Increment Financing (TIF) sought for the project.
• Successful receipt of grant funds would allow for the addition of transit
oriented improvements and streetscape amenities to the proposed
plan.
D. LEGAL
• The program guidelines for the TOD grant require the City Council to
pass a resolution in support of the applications.
E. ENVIRONMENTAL CONSIDERATIONS
• The intended use of the grant funds is hoped to have a positive
influence on transit ridership thereby decreasing pollution and traffic
associated with the single occupancy vehicle.
IV. ALTERNATIVE RECOMMENDATION~S~
• Deny authorization.
V. ATTACHMENTS
• Resolution supporting the Woodlake Plaza developer's application to the
TOD grant program.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• N/A
~~-'
RESOLUTION NO.
RESOLUTION SUPPORTING TERRY MCNELLIS' AND MIKE SWENSON'S
SUBMITTAL OF AN APPLICATION TO HENNEPIN COUNTY
FOR TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM GRANT FUNDS
FOR LYNDALE AVENUE SOUTH
WHEREAS the City of Richfield (the "City") is a city located within Hennepin County
and is therefore eligible to access the Transit Oriented Development (TOD) Grant; and
WHEREAS the City had identified the property at 6400 Lyndale Avenue (Woodlake
Plaza) for redevelopment as part of the Lakes at Lyndale redevelopment master plan area;
and
WHEREAS Terry McNellis and Mike Swenson have proposed a project at 6400
Lyndale Avenue (Woodlake Plaza) for redevelopment with 90-units of rental housing; and
WHEREAS the City has approved Tax Increment Financing (TIF) for the Woodlake
Plaza Housing project; and
WHEREAS the City recognizes the need for, and benefit of, transit oriented
improvements as part of this proposed development.
NOW, THEREFORE BE IT RESOLVED that the City Council supports and
otherwise affirms and ratifies the submittal of application (in accordance with Minnesota
Statutes § 3838.77, Subd. 3.), for the Transit Oriented Design Program Grant
administered by the Hennepin County Housing and Redevelopment Authority and
authorizes the Mayor and City Manager to execute any agreements as are necessary to
implement the project on behalf of the applicant.
Adopted by the City Council of the City of Richfield, Minnesota this 25th day of May
2010.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION: CONSENT
AGENDA ITEM # 5C
REPORT # 93
STAFF REPORT
CITY COUNCIL MEETING
MAY 25, 2010
REPORT PREPARED BY:
JIM TOPITZHOFER, RECREATION SERVICES
DIRECTOR
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
_+~
..
ITEM FOR COUNCIL CONSIDERATION:
Consideration of authorizing the City Manager to execute the attached Application to Conduct
Off-Site Gambling for the Fred Babcock VFW Post #5555 to sell pull-tab's at the Fourth of July
Street Dance in Veterans Park on July 3, 2010.
I. RECOMMENDED ACTION:
By Motion: Authorize the City Manager to execute the attached
Application to Conduct Off-Site Gambling for the Fred Babcock VFW
Post #5555 to sell pull-tabs at the Fourth of July Street Dance in
Veterans Park on Julv 3. 2010.
II. BACKGROUND
The Fred Babcock VFW has teamed up with the Fourth of July Committee to raise
additional funds for each other. Both organizations would like to introduce pull-tab
operations to the street dance on July 3, 2010. If approved, the pull-tabs will be
sold by VFW personnel within the fenced area of the Street Dance. Waste
receptacles will be provided by the groups at the tables. The Fourth of July
Committee will receive a portion of the pull-tab sales in the form of a donation to
help offset their expenses for the Celebration.
The Fred Babcock VFW currently has a license from the Minnesota Lawful
Gambling Board to sell pull-tabs in their facility located at 6715 Lakeshore Drive,
Richfield, MN. The Board requires an additional license to sell pull-tabs off-site and
052510 VFW Off-site Gambling Application
a resolution from the local unit of government's approval for allowing the applicant
to conduct gambling activities on off-site premises located within City limits.
III. BASIS OF RECOMMENDATION
A. POLICY
• The Fred Babcock VFW Post #5555's Lawful Gambling License is
currently in good standing with Minnesota Lawful Gambling Board.
• The Public Safety Department has reviewed and approves of this
report.
B. CRITICAL ISSUES
• Both the Fred Babcock VFW and the Richfield Fourth of July
Committee are in need of additional funds to sustain their operations.
C. FINANCIAL
• The City of Richfield will not be affected financially from the proposed
off-site gambling license.
D. LEGAL
• The City Attorney has reviewed this report.
IV. ALTERNATIVE RECOMMENDATION(S~
• Deny the request for off-site lawful gambling license for the Fred Babcock
VFW Post #5555. This would mean that the applicant would not be able to
conduct gambling activities at the Fourth of July Celebration.
V. ATTACHMENTS
• Resolution.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• David Whale, Gambling Manager, Fred Babcock VFW #5555
5~-I
RESOLUTION NO.
A RESOLUTION GRANTING APPROVAL FOR
FRED BABCOCK VFW POST #5555
TO CONDUCT OFFSITE LAWFUL GAMBLING
AT THE FOURTH OF JULY STREET DANCE
WHEREAS, the Fred Babcock VFW Post #5555 is submitting an application to the.
Minnesota Lawful Gambling Board to conduct off-site lawful gambling at the Fourth of July
Street Dance; and
WHEREAS, the Fred Babcock VFW Post #5555 has received a License for Lawful
Gambling at their facility located at 6715 Lakeshore Drive, Richfield, MN; and
WHEREAS, the application requests an off-site venue of their pull-tab operations on
July 3, 2010 in Veterans Park, 636 East 66th Street, Richfield, MN, from 6:00 p.m. to 11:00
p.m.; and ,
WHEREAS, the Richfield Fourth of July Committee has granted the applicant
permission to sell pull-tabs at the Street Dance and will receive a portion of the proceeds in
the form of a donation.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, City of
Richfield, Minnesota, authorizes the City Manager to execute the attached Application to
Conduct Off-Site Gambling for the Fred Babcock VFW Post #5555 to sell pull-tabs at the
Fourth of July Street Dance in Veterans Park on July 3, 2010.
Passed by the City Council of the City of Richfield, Minnesota this 25th day of May,
2010.
Debbie Goettel, Mayor
Nancy Gibbs, City Clerk
MAY 25, 2010
PiTBLIC HF,ARING
7
94
REPORT PREPARED BY:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
CHRIS LINK, OPERATIONS MANAGER
STREET/FORESTRY
ITEM FOR COUNCIL CONSIDERATION:
Public hearings and consideration of second readings of the proposed ordinances modifying
the electric and gas franchise fees.
I. RECOMMENDED ACTION:
Conduct and close the public hearings and by motion:
1. Approve second reading of the attached ordinance modifying the
electric franchise fee on Northern States Power d/b/a Xcel Energy
for providing electric service within the City of Richfield.
2. Approve second reading of the attached ordinance modifying the
gas franchise fee on CenterPoint Energy for providing gas service
within the City of Richfield.
3. Approve the attached resolutions authorizing summary publication
of both ordinances.
II. BACKGROUND
Franchise Fees implemented in 2004
The City first adopted an Electric Franchise-Fee Ordinance and Gas Franchise Fee
Ordinance in December 2003, to be implemented in early 2004. The franchise
ordinances included a fee schedule that incorporated several classifications of
properties and the corresponding monthly fee per meter..
STAFF REPORT
AGENDA SECTION:
AGENDA ITEM #
REPORT #
CITY COUNCIL MEETING
052510FranchiseFee
Historically, the dedicated funds generated from franchise fees provide a reliable
funding source for the important infrastructure elements of streets, removal of
diseased trees and the purchase of new trees.
The current franchise fee is $1.88 per residential meter for gas and electric service,
respectively.
Anticipated Increase
At the March 9, 2010 and April 13, 2010 City Council meetings, the Council
approved $71,000 in purchases for equipment and chemicals for the treatment of
diseased trees, specifically Two-Lined Chestnut Borer at Augsburg Park and
Emerald Ash Borer in boulevard ash trees. Staff informed the Council that the
treatment of trees is an added service that was not budgeted. Staff indicated that
Franchise Fees were used for removal of DED trees in 2009 and may be used as a
dedicated funding source for diseased tree treatments.
Staff Recommendation
Staff is recommending a 9% increase in franchise fees. This increase will amount
to a $0.17 increase to residential meters or total of $2.05 for residential gas and
electric customers. This amount will generate approximately $71,000 annually, or
enough to fund both treatments of ash trees on the boulevards and oak trees in
Augsburg Park.
Franchise Fee review by June 30 2011
The City Council approved a Fee Review date ("Sunset" provision) of June 30,
2011 as part of the Franchise Fee adjustment in 2009. The same Fee Review date
of June 30, 2011 is identified in the attached resolutions.
III. BASIS OF RECOMMENDATION
A. POLICY
• The dedicated funds generated from franchise fees provide a reliable
funding source for the important infrastructure elements of streets,
removal of diseased trees and the purchase of new trees.
B. CRITICAL TIMING ISSUES
• Chemical treatment of ash and oak trees must occur in the spring and
early summer months to be effective.
C. FINANCIAL
• The cumulative annual fees generated by the 9% increase amount to
approximately $71,000. These additional fees will fund the purchase
of equipment and chemicals for the treatment of ash and oak trees.
• At the March 9, 2010 and April 13, 2010 City Council Meetings, the
City Council approved the purchase of equipment and chemicals for
the treatment of diseased trees.
D. LEGAL
• The first read for both ordinances was conducted on April 27, 2010.
• The Public Hearing notice was published in the Richfield Sun Current
on May 6, 2010.
• The City Attorney has recommended that the City formally adopt the
fee schedules increase by amending the electric and gas franchise
ordinances.
• The Electric Franchise Agreement allows the City to implement a
Franchise Fee of up to a maximum of 5% of gross revenues or $3.90
per residential meter. The fee increase proposed is $1.85 less per
residential meter than the maximum amount permitted.
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• None, as the fee schedule changes should be memorialized through the
Franchise Ordinances.
V. ATTACHMENTS
• Proposed ordinance modifying electric franchise fees
• Exhibit A -Electric Franchise Fee Schedule
• Proposed ordinance modifying gas franchise fees
• Exhibit A -Gas Franchise Fee Schedule
• Resolutions for Summary Publication
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
l '°
ORDINANCE NO.
CITY OF RICHFIELD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
AN ORDINANCE MODIFYING THE ELECTRIC FRANCHISE FEE ON
NORTHERN STATES POWER D/B/A XCEL ENERGY FOR PROVIDING
ELECTRIC SERVICE WITHIN THE CITY OF RICHFIELD
THE CITY OF RICHFIELD ORDAINS:
SECTION 1. The City of Richfield Municipal Code Appendix E is hereby amended as follows:
Subdivision 1. Purpose. The Richfield City Council has determined that it is in the
best interest of the City to impose a franchise fee on those public utility companies that provide
natural gas and electric services within the City of Richfield.
(a) Pursuant to City Ordinance No. 2007-5, a Franchise Agreement between the City
and Northern States Power Company, d/b/a Xcel Energy, the City has the right to
impose a franchise fee on Xcel Energy in amount and fee design as authorized in
Section 9.1 of the Xcel Energy Franchise.
(b) Pursuant to City Ordinance 2009-13, the City exercised its right to impose a
franchise fee on Xcel Energy. This includes the right to modify the fee amount with
the consent of Xcel Energy as to amount and notice period, to which Xcel Energy
has consented.
Subd. 2. Franchise Fee Statement. Pursuant to Ordinance 2009-13, the franchise
fee imposed on Xcel Energy under its Electric Franchise is hereby amended. The amended
fee schedule is attached hereto and made a part of this ordinance, commencing with the Xcel
Energy's August 2010 billing month.
Subd. 3. Payment and Fee Design. The franchise fee shall be payable to the City in
accordance with the terms set forth in Section 9.3 of the Franchise. This fee is an account-
based fee on each premise and not ameter-based fee. In the event that an entity covered by
this ordinance has more than one meter at a single premise, but only one account, only one
fee shall be assessed to that account. If a premise has two or more meters being billed at
different rates, the Company may have an account for each rate classification, which will result
in more than one franchise fee assessment for electric service to that premise. If the Company
combines the rate classifications into a single account, the franchise fee assessed to the
account will be the largest franchise fee applicable to a single rate classification for energy
delivered to that premise. In the event any entities covered by this ordinance have more than
one premise, each premise (address) shall be subject to the appropriate fee. In the event a
question arises as to the proper fee amount for any premise, the Company's manner of billing
for energy used at all similar premises in the city will control.
~/~
Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities
Commission allows the utility. company to add a surcharge to customer rates to reimburse such
utility company for the cost of the fee and that Xcel Energy will surcharge its customers in the
City the amount of the fee.
Subd. 5. Record Support for Payment. Xcel Energy shall make each payment when
due and, if requested by the City, shall provide at the time of each payment a statement
summarizing how the franchise fee payment was determined, including information showing
any adjustments to the total surcharge billed in the period for which the payment is being made
to account for any uncollectibles, refunds or error corrections.
Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this
ordinance will be resolved in accordance with Section 2.5 the Franchise Agreement.
Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this
ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of
the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the
publication or after the sending of written notice enclosing a copy of this adopted ordinance
upon Xcel Energy by certified mail. It has been agreed to in advance by Xcel Energy's
representatives that Xcel Energy will abide by the provisions of this Subdivision 7, provided fee
collection will not commence before the later of the Company billing month set forth in
subdivision 2 or the first billing month commencing 20 days after the foregoing effective date of
the franchise fee.
Subd. 8. Fee Review. The City Council shall begin a review of this Ordinance by June
30, 2011 to determine whether to continue, terminate or modify the fee. If the Council deems it
to be in the City's best interest to continue the fee in its current form, no Council action is
necessary.. If the Council deems it to be in the City's best interest to terminate or modify the
fee, the Council shall give Xcel at least sixty (60) days written notice prior to the proposed
change. Subject to the City's rights under Minnesota law, the City shall obtain the consent of
Xcel to any proposed increase in the fee but may unilaterally decrease or terminate the fee.
SECTION 2. This ordinance takes effect as provided herein.
Read by the City Council of the City of Richfield this 27th day of April, 2010.
Read and passed by the City Council of the City of Richfield this 25th day of
May, 2010.
Debra Goettel, Mayor
Steven Devich, City Manager
APPROVED AS TO FORM:
Nancy Gibbs, City Clerk
`1- 3
EXHIBIT A
XCEL ENERGY ELECTRIC FRANCHISE
FEE SCHEDULE
Class
Residential
Sm C & I -Non-Dem
Sm C & I -Demand
LargeC&I
Fee Per Meter
a-:88 2.05
~1- 6.33
~~ 14.08
~-9fi 91.51
FRANCHISE FEES ARE TO BE COLLECTED BY THE UTILITY IN THE AMOUNTS SET
FORTH IN THE ABOVE SCHEDULE, AND SUBMITTED TO THE CITY ON A QUARTERLY
BASIS AS FOLLOWS:
January -March collections due by April 30.
April -June collections due by July 31.
July -September collections due by October 31.
October -December collections due by January 31.
7~
ORDINANCE NO.
CITY OF RICHFIELD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
AN ORDINANCE MODIFYING THE GAS FRANCHISE FEE ON
CENTERPOINT ENERGY FOR PROVIDING GAS SERVICE WITHIN THE CITY
OF RICHFIELD
THE CITY OF RICHFIELD ORDAINS:
SECTION 1. The City of Richfield Municipal Code Appendix E is hereby amended as follows:
Subdivision 1. Purpose. The Richfield City Council has determined that it is in the
best interest of the City to impose a franchise fee on those public utility companies-that provide
natural gas and electric services within the City of Richfield.
(a) Pursuant to City Ordinance No. 2003-10, a Franchise Agreement between the City
and CenterPoint Energy ("CenterPoint"), the City has the right to impose a franchise
fee on CenterPoint in an agreed upon amount and fee design, as set forth in Section
6.1 of the CenterPoint Franchise.
(b) Pursuant to City Ordinance 2009-14, the City exercised its right to impose a
franchise fee on CenterPoint. This includes the right to modify the fee amount with
the consent of CenterPoint as to amount and notice period, to which CenterPoint
has consented.
Subd. 2. Franchise Fee Statement. Pursuant to Ordinance 2009-14, the franchise
fee imposed on CenterPoint under its Gas Franchise is hereby amended. The amended fee
schedule is attached hereto as Exhibit A and made a part of this ordinance, commencing with
the CenterPoint's August 2010 billing month. The franchise fee is in lieu of all permit fees
otherwise paid by Minnegasco for its use of Public Ways and Public Ground in the City.
Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance
with the terms set forth as follows. The franchise fee shall be payable quarterly and shall be
based on the complete billing months during the period for which payment is to be made. The
payment shall be due the last business day of the month following the period for which the
payment is made. The fee may be changed by ordinance from time to time, however each
change shall meet the same notice requirements and may not occur more often than annually.
Such fee shall not exceed any amount, which the Company may legally charge to its customers
prior to payment to the City by imposing a surcharge equivalent to such fee in its rates for Gas
service. The Company may pay the City the fee based upon the surcharge billed subject to
subsequent reductions to account for uncollectibles or customer refunds. The time and manner
of collecting the franchise fee is subject to approval of the Public Utilities Commission, which the
Company agrees to use best efforts to obtain. The Company agrees to make its records
available for inspection by the City at reasonable times, provided that the City and its designated
representative agree in writing not to disclose any information that is not public data which would
indicate the amount paid by any identifiable customer or any other information regarding specific
customers.
.~
~~
Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities
Commission allows-the utility company to add a surcharge to customer rates to reimburse such
utility company for the cost of the fee and that CenterPoint will surcharge its customers in the
City the amount of the fee.
Subd. 5. Record Support for Payment. CenterPoint shall make each payment when
due and, if requested by the City, shall provide at the time of each payment a statement
summarizing how the franchise fee payment was determined, including information showing
any adjustments to the total surcharge billed in the period for which the payment is being made
to account for any uncollectibles, refunds or error corrections.
Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this
ordinance will be resolved in accordance with Section 2.5 the Franchise Agreement.
Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this
ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of
the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the
publication or after the sending of written notice enclosing a copy of this adopted ordinance
upon CenterPoint by certified mail. It has been agreed to in advance by CenterPoint's
representatives that CenterPoint will abide by the provisions of this Subdivision 7, provided fee
collection will not commence before the later of the Company billing month set forth in
subdivision 2 or the first billing month commencing 20 days after the foregoing effective date of
the franchise fee.
Subd. 8. Fee Review. The City Council shall begin a review of this Ordinance by June
30, 2011 to determine whether to continue, terminate or modify the fee. If the Council deems it
to be in the City's best interest to continue the fee in its current form, no Council action is
necessary. If the Council deems it to be in the City's best interest to terminate or modify the
fee, the Council shall give CenterPoint at least sixty (60) days written notice prior to the
proposed change. Subject to the City's rights under Minnesota law, the City shall obtain the
consent of CenterPoint to any proposed increase in the fee but may unilaterally decrease or
terminate the fee.
SECTION 2. This ordinance takes effect as provided herein.
Read by the City Council of the City of Richfield this 27th day of April, 2010.
Read and passed by the City Council of the City of Richfield this 25th day of
May, 2010.
Debra Goettel, Mayor
Steven Devich, City Manager
APPROVED AS TO FORM:
Nancy Gibbs, City Clerk
~''
EXHIBIT A
CENTERPOINT GAS FRANCHISE
FEE SCHEDULE
Class Fee Per Meter
Residential 4~ 2.05
Comm-A 4~ 2.05
Comm/Ind-B X8-1- 6.33
Comm/Ind-C ~~ 14.08
SVDF-A ~?9~ 14.08
SVDF-B ~~ 14.08
LVDF 'TL~7. t 14.08
FRANCHISE FEES ARE TO BE COLLECTED BY THE UTILITY IN THE AMOUNTS SET
FORTH IN THE ABOVE SCHEDULE, AND SUBMITTED TO THE CITY ON A QUARTERLY
BASIS AS FOLLOWS:
January -March collections due by April 30.
April - June collections due by July 31.
July - September collections due by October 31.
October - December collections due by January 31.
~-~
RESOLUTION NO.
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT
TO APPENDIX E OF THE RICHFIELD CITY CODE WHICH PERTAINS
TO THE FRANCHISE ORDINANCE
WHEREAS, The City of Richfield has adopted the above referenced ordinance, amending
Appendix E to the Richfield City Code, and
WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of
publication of the complete text is not justified.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, that
the following summary is hereby approved for official publication:
SUMMARY PUBLICATION
BILL NO.
AN ORDINANCE MODIFYING THE ELECTRIC FRANCHISE FEE ON NORTHERN STATES
POWER D/B/A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF
RICHFIELD
The purpose of this ordinance amendment is to modify the franchise fee on Northern States
Power d/b/a Xcel Energy under its Electric Franchise Agreement commencing with the Xcel
Energy's August 2010 billing month.
Fee Schedule
Class Fee Per Meter
Residential 2.05
Sm C & I -Non-Dem 6.33
Sm C & I -Demand 14.08
Large C & I 91.51
Franchise fees are to be collected by the utility and submitted to the City on a quarterly basis. The
utility may surcharge the fees to its customers as permitted by law. The City will review the
ordinance by June 30, 2011 to determine whether to continue, terminate or modify the fee.
Copies of the ordinance are available for public inspection in the Administrative Services
Department during normal business hours or upon request by calling Chris Link, Operations
Manager Streets/Forestry at 612-861-9174.
Adopted by the City Council of the City of Richfield, Minnesota this 25th day of May 2010.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
0811 Electric Franchise Fee Increase
~~-g
RESOLUTION NO.
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT
TO APPENDIX E OF THE RICHFIELD CITY CODE WHICH PERTAINS TO THE FRANCHISE
ORDINANCE
WHEREAS, The City of Richfield has adopted the above referenced ordinance, amending
Appendix E to the Richfield City Code, and
WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of
publication of the complete text is not justified.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, that
the following summary is hereby approved for official publication:
SUMMARY PUBLICATION
BILL NO.
AN ORDINANCE MODIFYING THE GAS FRANCHISE FEE ON CENTERPOINT ENERGY FOR
PROVIDING GAS SERVICE WITHIN THE CITY OF RICHFIELD
The purpose of this ordinance amendment is to modify the franchise fee on CenterPoint Energy
under its Gas Franchise Agreement commencing with the CenterPoint Energy's August 2010
billing month. The franchise fee is in lieu of all permit fees otherwise paid by CenterPoint Energy
for its use of Public Ways and Public Grounds in the City.
Fee Schedule
Class Fee Per Meter
Residential 2.05
Comm-A 2.05
Comm/Ind-B 6.33
Comm/Ind-C 14.08
SVDF-A 14.08
SVDF-B 14.08
LVDF 14.08
Franchise fees are to be collected. by the utility and submitted to the City on a quarterly basis. The
utility may surcharge the fees to its customers as permitted by law. The City will review the
ordinance by June 30, 2011 to determine whether to continue, terminate or modify the fee.
Copies of the ordinance are available for public inspection in the Administrative Services
Department during normal business hours or upon request by calling Chris Link, Operations
Manager Streets/Forestry at 612-861-9174.
Adopted by the City Council of the City of Richfield, Minnesota this 25th day of May 2010.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
0811 Electric Franchise Fee Increase
AGENDA SECTION
AGENDA ITEM #
REPORT #
STAFF REPORT
CITY COUNCIL MEETING
MAY 25, 2010
PROP. ORDINANCE
8
95
REPORT PREPARED BY:
NANCY GIBBS, CITY CLERK
NAME, TirLE
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
~i
ITEM FOR COUNCIL CONSIDERATION:
Consideration of second reading of the attached ordinance amending the sign ordinance to be
consistent with state law:
I. RECOMMENDED ACTION:
By Motion: Approve the second reading of the attached ordinance
relating to non-commercial speech; amending Richfield City Code
Subsection 549.21 Subd. 8.
II. BACKGROUND
In 2010 the Minnesota State Legislature amended state statutes to provide that state
and municipal primary elections be held on the second Tuesday in August. This
change allows additional time to send absentee ballots to uniformed and overseas
citizens to vote. The state statute previously stated that any non-commercial signs of
any size may be posted from August 1 in a general election year until 10 days following
that state election. Due to the change of the state primary election date the new law
states; all non-commercial signs of any size may be posted in a general election year
from a date that is 46 days prior to the state primary election until 10 days following the
state general election.
III. BASIS OF RECOMMENDATION
A. POLICY
• State law establishes the date on which election signs may be posted.
0525ZoningSign ordinance
B. CRITICAL ISSUES
• The City Code needs to be consistent with state law as a result of legislation
enacted in 2010.
C. FINANCIAL
• N/A
D. LEGAL
• Need to be consistent with state law.
• A public hearing was held before the Planning Commission on April 26, 2010.
• A first reading was held before the City Council on May 11, 2010
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION~S~
• None.
V. ATTACHMENTS
• Ordinance
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• N/A
9-
BILL NO.
AMENDMENT TO RICHFIELD CITY CODE
AN ORDINANCE RELATING TO NONCOMMERCIAL
SIGNS;
CONFORMING CITY ORDINANCES TO STATE LAW;
AMENDING SUBSECTION 549.21, SUBDIVISION 8 OF
THE RICHFIELD CITY CODE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 549.21, subdivision 8 of the Richfield City Code is amended
to read as follows:
Subd. 8. Non-commercial speech. Any non-commercial message may be
substituted for any commercial message on any sign allowed under this Code,
subject to the same regulations applicable to such signs. Notwithstanding any
provisions of this section to the contrary, all noncommercial signs of any size may
be posted fr^m "~ ~^~ ~~* ~ in a general election year from a date that is 46 days prior
to the state primary election until 10 days following the state eg neral election.
Sec. 2. This ordinance is effective in accordance with Section 3.09 of the Richfield
City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 25th day of May
2010.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
0525ZoningSign ordinance
AGENDA SECTION: OTHER BUSINESS
AGENDA ITEM # 9
REPORT # 96
J
STAFF REPORT
CITY COUNCIL MEETING
MAY 25, 2010
REPORT PREPARED BY:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
KRISTIN ASxER, CITY ENGINEER
NAME, TITLE
SIGNATURE
--
ITEM FOR COUNCIL CONSIDERATION:
Consideration of traffic control at the intersection of 70th Street and 12th Avenue.
I. RECOMMENDED ACTION:
By Motion: Approve the replacement of the traffic signal at 70t".Street
and 12t" Avenue with all way stop control.
II. BACKGROUND
The signal at 70 Street and 12 Avenue is outdated and repair parts are no longer
manufactured. Staff has considered the condition of the signal and the likelihood
that a breakdown will occur in the near future and is recommending the replacement
of the signal with all-way stop control for the following reasons:
^ Traffic volumes and conditions do not warrant signal control at this
intersection.
^ The cost to upgrade the controller and cabinet is estimated at $7000 -
$10,000.
Richfield Intermediate School
Staff also discussed this option with Rus George, Richfield Schools Superintendent
of Buildings, Grounds and Transportation, who has confirmed that the school district
supports the conversion to an all-way stop control. The Intermediate School will be
converting to a K-5 school next season and crossing guards will be assisting
children across the street. (E-mail and letter correspondence attached).
052010Signa170th
Transportation Commission
At their April 7, 2010 meetin~ the Transportation Commission voted in support of
the signal replacement at 70 Street and 12t" Avenue with all-way stop control. At
their April 7t meeting staff was not aware that upgrading the controller was an
option, therefore the Commission was considering a full signal replacement with an
estimated cost of $175,000.
The City will be conducting a mill and overlay through the intersection as part of the
pavement management program this summer. If the Council supports the
Commission's recommendation, it would be beneficial to coordinate the conversion
this summer.
Public Notification
Postcard notices informing residents of the proposed changes and the City
Council's May 25, 2010 consideration were mailed to residents that live on 70t"
Street and 12t" Avenue within 2 blocks of the intersection.
III. BASIS OF RECOMMENDATION
A. POLICY
• The intersection does not warrant a traffic signal based on volumes,
crash history, or delays.
B. CRITICAL TIMING ISSUES
• It would be timely to have the conversion complete prior to the start of
the school year.
C. FINANCIAL
• The cost to replace the signal with all-way stop control is $1100.
• The cost to update the signal controller and cabinet is estimated at
$7,000 - $10,000.
D. LEGAL
• The City Attorney will be available to answer questions.
E. ENVIRONMENTAL CONSIDERATIONS
• None.
TERNATIVE
• uo not support the conversion to an all-way stop and direct staff to upgrade
the signal controller and cabinet.
• t-mail from Rus George, Richfield Schools
• Letter from Joey Page, Principal of Richfield Intermediate School
PRINCIPAL PARTIES EXPECTED AT MEETING
• Area residents have been notified of the item for Council consideration.
!~1
Kristin Asher
From: Rus George [Rus.George@richfield.k12.mn.us]
Sent: Friday, April 30, 2010 2:17 PM
To: Kristin Asher
Subject: 70th. street lights
Page 1 of 1
I have talked with the new principle from the Intermediate School, Joey Page, about the stop lights being
taken out of service and replaced with permanent stop signs at the corners of 70th. and 12th, making it a four
way stop, and we both agree that it will not make any impact on our school or kids coming to the Intermediate
School. With the start of the next year the Intermediate will become a K-5 building and there will be crossing'
guards to assist the kids across the street. It will also help my buses at the end of the day to keep moving along
instead of having to wait for the lights to turn to green no./so. as we can only get two buses out of the lot to go
no. until the light turns now. If you could help us out by painting new crosswalks at the four corners before
school starts it will also help keep the kids safer crossing the street.
Rus George
Sup. of Bldgs. & Grnds. & Trans.
Richfield Schools
612-798-6081
5/3/2010
~J
Kristin Asher
From: Joey Page [Joey.Page@richfield.k12.mn.us]
Sent: Friday, May 14, 2010 4:15 PM
To: Kristin Asher
Subject: stop lights
Attachments: stop lights.doc; Joey Page.vcf
~-
stop lights.doc Joey Page.vcf
(24 KB) (535 B)
Hi Ms. Asher,
Attached is a letter supporting the removal of lights at 70th and 12th.
Thank you,
Joey
Joey Page, Principal
Richfield Intermediate School
7020 12th Avenue South
Richfield, MN 55423
(w)1.612.798.6601
(c)1.952.232.8624
(f)1.612.798.6664
The information included in this e-mail message, including any attachments, is intended
only for the person or organization to which it is addressed.
This e-mail message may contain information that is privileged or confidential. If you
receive this e-mail message and are not the intended recipient or responsible for
delivering the message to the intended recipient, you may not use, disseminate, distribute
or copy the information included in this e-mail and any attachments. If you received this
e-mail message by mistake, please reply by e-mail and destroy all copies of this message
and any attachments.
1
~- 3
Friday, May 14, 2010
Richfield Public Works
1901 E. 66th Street
Richfield, MN 55423
To Whom It May Concern:
My name is Joey Page and I am the principal of Richfield Intermediate School. I
have talked with the buildings and grounds supervisor for the Richfield Public
Schools, Rus George about the stop lights being taken out of service and replaced
with permanent stop signs at the corners of 70th and 12th Ave. making it a four-way
stop. We both agree that it will no# make any impact on our school or kids coming to
the school. In the upcoming 2010-2011 school year crossing guards will be used to
assist the kids across the street.
If you could help us out by painting new crosswalks at the four corners before school
starts it will also help keep the kids safer crossing the street.
Thank you for your time and consideration.
Sincerely,
Joey Page, Principal
Joey Page, Principal
Richfield Intermediate School
7020 12th Avenue
Richfield, MN 55423
(w)1.612.798.6601