Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
071310 agenda packet
CITY OF RICHFIELD, MINNESOTA TUESDAY, JULY 13, 2010 ~rk*****~e**~*~*~t7k~**********~k********Ye~k~t~k*~t~****~k*********Ye*~e*Y~C*~C*7k~**iC***~rk****YtYe*~IC*~C~****** SPECIAL CITY COUNCIL WORKSESSION CITY HALL COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:00 P.M. AGENDA Call to order Roll call 1. Discussion regarding Property Excellence Task Force final report (continued from June 22) Notes: 2. Discussion regarding Multi-Pet Residential Licenses (Council Memo No. 102) Notes: 3. Follow-up discussion regarding City of Richfield Key Financial Strategies (continued from May 25) (Council Memo No. 75, dated May 20) 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 Worksession of June 22, 2010; and (2) Regular City Council Meeting of June 22, 2010 COUNCIL DISCUSSION 1. Council discussion • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 2. Council approval of agenda CONSENT CALENDAR 3. Consent Calendar contains several- separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of first reading amending City Code Appendix 1 to remove references to properties within the New Ford Town and Rich Acres area S.R. No. 114 B. Consideration of approval of Metropolitan Council Livable Communities Act Apartment Remodeling Forgivable Loan Agreements between the City and Woodlake Park Apartments and New Orleans Court Apartments S.R. No. 115 C. Consideration of approval of resolutions declaring costs to be assessed and ordering preparation of the proposed assessment roll for 2009 Lyndale/HUB/Nicollet maintenance, and proposing a similar assessment process for 2011 and setting public hearing for August 9, 2010 S.R. No. 116 D. Consideration of approval of resolutions declaring costs to be assessed and ordering preparation of the proposed assessment roll for 2009 77th Street maintenance district, and proposing a similar assessment process for 2011 and setting public hearing for August 9, 2010 S.R. No. 117 E. Consideration of approval of resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for removal of diseased trees from private . property for work ordered in 2009-and setting public hearing for August 9, 2010 S.R. No. 118 F. Consideration of resolution authorizing acceptance of the Statewide Health Improvement Program Mini-Grant agreement between the City and Minnesota Institute of Public Health S.R. No. 119 G. Consideration of resolution authorizing approval of 2010 Minnesota Laws, Chapter 207, relating to authority to impose limited response time residency requirement for firefighters S.R. No. 120 H. Consideration of approval of resolution accepting a grant of $48,600 from the US Department of Homeland Security assistance to Firefighters Grant Program S.R. No. 121 I. Consideration of approval of resolution authorizing the use of ES&S Central Counter Model 650 for the tabulation of all absentee ballots S.R. No. 122 J. Consideration of approval of an amendment to the 2010 Emergency Preparedness Contract with the City of Bloomington for outreach and training coordination with grant funds received related to CERT (Citizens Emergency Response Team) S.R. No. 123 Notes: 4. Consideration of items, if any, removed from Consent Calendar Notes: RESOLUTION 5. Consideration of resolution approving contract with International Association of Firefighters Local 1215 for the contract period January 1, 2010 through December 31, 2010 Staff Report No. 124 Notes: OTHER BUSINESS 6. Consideration of approval of Transportation Commission's recommendation to approve Hennepin County restriping plans for the conversion of Portland Avenue from 4-lanes to 3- lanes between 68th Street and 76th Street as a one-year Pilot Project to be evaluated in 2011 Staff Report No. 125 Notes: CITY MANAGER'S REPORT 7. City Manager's report Notes: 8. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are fo be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: 9. Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. CITY OF RICHFIELD, MINNESOTA Office of City Manager July 8, 2010 _ Council Memorandum No. 102 The Honorable Mayor and Members of the City Council Subject: Multi-Pet Residential Licenses (Council Worksession Agenda Item No. 2) Council Members: On July 22, 1991, the City Council directed staff to draft a policy that would limit the number of animals to six, over the age of six months, which could be kept at a property licensed as a residential kennel. This action became necessary as a result of increased neighborhood complaints from residents concerning properties that were licensed in their neighborhoods as residential kennels. In most instances, their complaints related to the number of animals being kept on the property. One residential kennel license, at that time, had more than six animals. They were allowed to keep all those animals but were told that they could not replace them over the number of six as they were sold, lost, given away or had expired. In April of 2004, staff met with Council, at their request, to discuss a number of concerns Council had about the maximum number of animals at a property, the name of the license (residential kennel), the approval process (staff vs. Council), the frequency of inspections/neighborhood feedback, etc. (See attached staff report from October 12, 2004.) The contents of that staff report indicate what the Council's direction was after having had two study sessions on the subject. One of the issues they agreed upon was that staff would continue to request neighborhood feedback on the licensed property at the time of license renewals each year. • City staff has contacted the cities of Apple Valley, Bloomington, Eagan, Edina, Farmington, Golden Valley, and Lakeville to inquire about their fee structure and process for Multi-Pet Residence Licenses (residential kennel, licenses). Following are the findings: Apple Valley -Kennel licenses are required for more than three (3) animals. There are two types of kennel licenses. One is a hobby kennel which only allows for dogs that are under 20 lbs. The other is a regular kennel which allows for allsized animals. Residential kennels must be a minimum of 500 feet away from their neighbor's residence. This means that either a structure or the residence itself is required to meet the 500 foot distance requirement. Therefore, they do not issue many licenses. If a home in a residential neighborhood is found to have more than three animals, they are required to decrease the number they have to three. The fee for a kennel license for qualifying properties is $120, initially, with a $60 yearly renewal fee. 4 Bloomington - No residential kennels are permitted. There is a limit of three animals per residence. Any residence owning more than three animals are required to eliminate the number they have to three. Eagan -The maximum number of animals allowed without a kennel license is three. Residential kennel licenses require a C.U.P. process and fee, as well as a fee for the kennel license. Licenses are issued on a case-by-case basis with high regard to the location of the property. Very few licenses are granted. The licensing fee is $100 initially with a $50 yearly renewal fee. This does not include fees for the C.U.P. Edina - As of the date of this writing, there was no response to my inquiry. No detailed information available on their website. Farmington -The maximum number of animals allowed in a residential district is two. Kennel license are only issued to properties with a minimum of 2'/z acres. Any residence exceeding the maximum would be issued a citation and be required to eliminate the number of animals they have to two. If a residence qualifies for a kennel license, the license fee is $300 per year. Golden Valley - As of the date of this writing, there was no response to my inquiry. No detailed information available on website. Lakeville -Residential kennels are not allowed in the City of Lakeville. Kennels are only allowed in the agricultural, commercial, or industrial areas of the city. Residents are allowed to have up to three animals: Any more than three animals would require the resident to eliminate the number to three. The City of Richfield currently requires amulti-pet residence license for residents owning three or more of the same animal with a maximum limit of five total animals. The current fee for amulti-pet residence license is $164 per year. Processing these license requests includes: o Initial contact to inform applicants of the kennel license process and to discuss the City Ordinance relating to kennels. o Mailing application and copy of City code. o Collecting completed application and fee. o Identifying the addresses surrounding the applicant's address. o Typing and mailing notices to the surrounding neighbors informing them of the kennel license request. o Phone contact with surrounding neighbors, complainants, and others regarding the request and documenting this information. o Personal contact and inspection of the applicant's property. o Issuance of license and entry into database. o Filing of all original paperwork. Staff time to process aMulti-Pet residence license is approximately one and a half hours and requires time from both Public Safety office staff and Community Service Officers (this does not include fuel or postage costs). However, each request is unique and more often than not results in additional time and attention beyond that time frame. • Pro's of changing multi-pet license to inspections every three years: o Minor saving of CSO time in conducting yearly kennel inspections. o There currently are seven residential multi-pet license inspections conducted by CSOs; six of them have a total of three dogs, while one has a total of five dogs and was grandfathered in - as she loses two dogs, they can't be replaced which will leave her with three. o There could be more but because they aren't all obtained at the same time and are processed by three different individuals, our current computer case management system can't call them up or flag them when they reach three in number. The only other way to ascertain the number of animals at a household is to individually enter each address in the City and then all that are licensed with three will show up. This is an antiquated system that was scheduled to be replaced with a Logis licensing system but has been delayed due to budget constraints. o There are eight commercial kennel licenses which are inspected by the Code Compliance Officer and not CSOs. • Con's of changing multi-pet license to inspections every three years: o Current yearly inspections allow us to verify license and vaccination status of each animal at a property individually, determine the condition of the property on a regular basis and to verify that no breeding operation or puppy mill is being conducted. o Application for the license which requires an inspection gives us the right to enter to inspect, or the license will not be issued. Entrance to a residence or a secured privacy fence without an invitation or a warrant to inspect is not possible unless a witness to conditions is willing to provide an affidavit which can be used to secure a search warrant. o Properties with more than two dogs, which require amulti-pet residential license, have caused a significant number of problems in the past that Council has had to deal with. It is for this very reason that the current process was put into place by the City Council at an earlier date and time. 0 63rd & Vincent -multiple cats and dogs but primarily barking issues - Council had a conditional license on it for six months under the condition that bark collars were obtained. Dogs created a lot of noise in the neighborhood and neighbors were very unhappy. This lasted for approximately one year and ended up resulting in the City denying her request to have that many animals. o Most recently a residence in the area of 68th & Third Avenue with multiple pit bulls caused large nuisance and public safety issues requiring multiple CSO and Police responses. o There have been many other numerous problems with multi-pet residential licensed properties, and often we are told by neighboring residents that they appreciate having the ability to comment on the property and the animals on an annual basis. Some are hesitant to speak up individually for fear of retaliation but feel that because a dozen neighbors are contacted for their feedback that this process provides them with the anonymity that they need without the fear of revenge. o The size of residential parcels in Richfield requires close monitoring and regulation regarding the number and type of animals allowed in residential areas. The proximity of residences on our parcels makes this a very sensitive issue for residents that can also cause a great deal of staff involvement when problems develop: SLD:ds Attachment Email: Department Directors Assistant to the City Manager AGENDA SECTION: AGENDA ITEM # REPORT # ~- STAFF REPORT CITY COUNCIL MEETING OCTOBER 12, 2004 Related to: CITY COUNCIL GOAL(S) No. 24 AND/OR RICHFIELD 2020 GOAL(S) NO N/A REPORT PREPARED BY: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, T/TLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR ^ REVIEW: REVIEWED BY CITY ^ MANAGER: SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Motion to Approve: Second reading of an ordinance amendment to Section 905, which deals with multi-pet residence licenses; summary publication of amended Section 905 I. RECOMMENDED ACTION: By Motion: Approve second reading of attached ordinance amendment to Section 905, which deals with multi-pet residence licenses and approve summary publication of amended Section 905. II. BACKGROUND On April 13, 2004, at a worksession, staff met with the City Council to discuss the subject of multi-pet licenses in the City of Richfield. A second worksession was scheduled for June 22, 2004. Staff had been looking for direction from the City Council on several issues 1012 Second Reading Multi-Pet Ordinance relating to the subject of multi pet licenses. The direction that Council gave staff at that worksession was as follows: • The City Council agreed to change the name of residential kennel licenses to multi-pet residence licenses. • The definition of a multi-pet residence license needed to be more clearly defined as well as the definition for a commercial kennel. • The maximum number of pets a person can have on their property should be decreased from six to five. • The licensing year for these types of licenses should be changed to a calendar year. • The Council agreed to delegate licensing to staff, with afee-based appeal to the City Council. There will be a provision to appeal a staff administrative decision to the City Council but there will be anon-refundable $500 fee to do so. • Residents currently holding residential kennel licenses, which now may have up to six animals, will be allowed to continue to exist. This is with the understanding that as the number of their animals decrease due to death, moving, illness or adoption, that they will not replace animals in excess of five. • Staff will continue to request neighborhood feedback on the licensed property at the time of license renewals each year. • A multi-pet residence license will be defined as one in which there are three dogs and two cats or three cats and two dogs. A multi-pet residence license will not be needed if there are only two dogs and two cats. If a resident wants a third dog or a third cat, they would need to make application for amulti-pet residence license and go through the process with the understanding that there cannot be more than three dogs or three cats on the property at any time, or a total of no more than five animals. Animals less than six months of age do not require a license. • The breeding of animals will require a commercial kennel license and they will be prohibited from being located in a residential neighborhood. • A first reading of the ordinance was heard on July 27, 2004 and approved. • All currently licensed residential kennel license holders were sent a letter in late September highlighting the changes to the ordinance and were given a copy of the ordinance for their review. They were also made aware that the Council would be conducting a second reading on October 12, 2004 and they were invited to attend, if they choose to do so. • The second reading of an ordinance amendment to Section 905 is submitted for Council approval at this time. III. BASIS OF RECOMMENDATION A. POLICY • The City Council has made it clear that six animals at a property, with the size of the lots in the City, is too many animals to have on one lot without it affecting the neighborhood. • The City Council is interested in staff administratively approving multi- pet residence license requests. If an applicant is not pleased with staff s denial of their license request, they can appeal the decision to the City Council but only after paying a nonrefundable appeal fee. The City Council is extremely concerned about the impact on neighbors and the neighborhood in general, when having too many animals results in issues for others. B. CRITICAL ISSUES • Current residential kennel license holders will be allowed to continue to maintain more than five animals, but no more than six, with the understanding that as the number of animals decreases due to death, moving, illness or adoption, that they will not replace animals in excess of four. If they decide to add animals in excess of four, they would .have to undergo the multi-pet residence license process with the new added animals. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council could decide to do nothing. This would mean that property owners could have up to six animals on a single lot and would be approved. V. ATTACHMENTS • Ordinance Section 905, Animal Control with changes. • Resolution approving Summary Publication of City Code Section 905, Animal Control VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None J CITY COUNCIL MINUTES Richfield, Minnesota Special City Council Worksession June 22, 2010 CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:33 p.m. ROLL CALL Council Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; Brad Sveum, Fire Services Director; Barry Fritz, Public Safety Director; Kristin Asher; City Engineer; Jeff Pearson; Transportation Engineer; Chris Regis, Finance Manager; Betsy Osborn, Health Administrator; and Cheryl Krumholz, Recording Secretary. Item #1 DISCUSSION REGARDING PORTLAND AVENUE OVERLAY AND THREE-LANE CONVERSION PILOT PROGRAM (COUNCIL MEMO NO. 88) Kristin Asher, City Engineer, reviewed the City's history related to the arterial road study, resulting in the Transportation Commission's recommendation of a four-to-three lane conversion of all four arterials (Penn, Lyndale, Nicollet and Portland Avenues) in Richfield. Bob Byers and Eric Drager, Hennepin County representatives, discussed the proposed pilot striping plan, a summary of benefits of a four-to-three lane conversion, anticipated parking restrictions along Portland Avenue and the County's experience with similar projects in other communities. Council Member Wroge stated his desire for the continuity of daily parking on Portland Avenue from Minneapolis and that parking in front of homes would result in rental property returning to single family. Mr. Byers explained each area has individual differences and that Portland Avenue in Minneapolis is wider and has limited access spacing. Parking on Portland Avenue in Richfield does not fit within the context of the three-lane conversion between the curb lines and access spacing. Hennepin County supports bike lanes but space is needed. Special Worksession Minutes -2- June 22, 2010 Mayor Goettel expressed concerned regarding eliminating Sunday parking on Portland Avenue, which is' currently permitted. Council Member Sandahl stated support for the pilot program to try the three-lane conversion because it improves safety and could make Portland Avenue appear more of a residential roadway. The City Council consensus was to proceed with a public open house on June 30 to seek feedback from the residents along Portland Avenue from 68th to 76th Streets regarding the proposed Portland. Avenue Lane Configuration Pilot Project. Item #2 DISCUSSION REGARDING PROPERTY EXCELLENCE TASK FORCE FINAL REPORT (COUNCIL MEMO NO. 90) Betsy Osborn, Health Administrator and staff liaison, summarized the history of the task force created to review the City's current property maintenance program for residential, commercial and City-owned properties and resulting in a final report. Task Force Chair Patrick Howard was informed of the Worksession but was unable to attend. Ms. Osborn, Community Development Director Stark and Public Safety Director Fritz discussed task force recommendations 1-13 as they related to their areas of responsibilities. Due to lack of time, review of the remaining recommendations was continued to a July 13 Special City Council Worksession. Item #3 FOLLOW-UP DISCUSSION REGARDING CITY OF RICHFIELD KEY FINANCIAL STRATEGIES (TIME PERMITTING) Due to lack of time, this item was not discussed. 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 CITY COUNCIL MEETING MINUTES ' ~ Richfield, Minnesota Regular Meeting June 22, 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; Jim Topitzhofer, Recreation Services Director; Brad Sveum, Fire Services Director; Chris Regis, Finance Manager; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. OPEN FORUM None. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl, S/Elliott to approve the minutes of U Special City Council/HRA/Planning Commission Worksession of June 8, 2010 and U Regular City Council Meeting of June 8, 2010. Motion carried 5-0: Item #1 PRESENTATION OF GENE AND MARY JACOBSEN OUTSTANDING CITIZEN OF YEAR AWARD TO WILLARD STEVENS (COUNCIL MEMO NO. 91) Mayor Goettel and Human Rights Commission Chair Molly Darsow presented the award to Willard Stevens. Council Meeting Minutes -2- June 22, 2010 Item #2 PRESENTATION OF $2,000 DONATION FROM CENTERPOINT ENERGY COMMUNITY PARTNERSHIP GRANT PROGRAM TO RICHFIELD FIRE DEPARTMENT TO PURCHASE-VHF RADIO PAGERS AND CONSIDERATION OF RESOLUTION ACCEPTING GRANT S.R. NO. 107 Cheryl Morgan, CenterP,oint representative, presented the donation to Fire Services Director Brad Sveum. Item #3 PRESENTATION OF GOVERNMENT FINANCE OFFICERS ASSOCIATION DISTINGUISHED BUDGET AWARD TO CITY OF RICHFIELD FINANCE MANAGER CHRIS REGIS (COUNCIL MEMO NO. 92) Mayor Goettel made the presentation to Finance Manager Chris Regis. Item #4 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Sandahl acknowledged the success of the recent Richfield Beautiful Garden Tour. Recreation Services Director Topitzhofer provided an update on the renovation of the Lincoln Athletic Complex. Council Member Elliott provided an update on a recent Minnehaha Creek Watershed District meeting. Council Member Fitzhenry acknowledged the success of Safety Day. Council Member Fitzhenry reported on recent property maintenance clean-up on the vacant Lyndale Garden site. Mayor Goettel reported on the upcoming July 4 activities and events. Item #5 COUNCIL APPROVAL OF AGENDA City Attorney Heine requested the agenda be amended to include Item 8A --Consideration of the resolution accepting the grant from CenterPoint which was presented earlier on the agenda. M/Sandahl, S/Fitzhenry to approve the agenda, as amended. Motion carried 5-0. Item #6 CONSENT CALENDAR A. Approval of agreement with Minnesota Department of Finance for funding of Honoring All Veterans Memorial S.R. No. 108 B. Approval of resolution accepting $305,119 grant from U.S. Department of Homeland Security, 2009 Staffing for Adequate Fire Emergency Response (SAFER) grant program to Richfield Fire Department S.R. No. 109 Council Meeting Minutes -3- June 22, 2010 RESOLUTION NO. 10375 RESOLUTION AUTHORIZING ACCEPTANCE OF THE US DEPARTMENT OF HOMELAND SECURITY, STAFFING FOR ADEQUATE FIRE EMERGENCY RESPONSE (SAFER) GRANT, (EMW-2009-FH-00130) IN THE AMOUNT OF $305,119, AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH THE GRANT AGREEMENTS AND TERMS PROSCRIBED BY THE DONORS This resolution appears as Resolution No. 10375. C. Approval of rescheduling Regular City Council Meeting of August 10, 2010 to Monday, August 9, 2010 due to Primary Election and scheduling Special City Council Meeting on Friday, August 13, 2010 at 8 a.m. to canvass primary election results S.R. No. 110 D. Approval of temporary on-sale 3.2 percent malt liquor license for Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue, Fourth of July activities on July 4, 2010 S.R. No. 111 E. Approval of annual community celebration event and temporary on-sale 3.2 percent malt liquor licenses with fee waiver for Fourth of July Committee for events at Veterans Memorial Park, July 1 through July 6, 2010 S.R. No. 112 M/Goettel, S/V1/roge to approve the Consent Calendar. Motion carried 5-0. The City Council requested staff prepare a letter on their behalf to Assistant Fire Chief Wayne Kewitsch acknowledging the success of his grant request writing. Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item #8 PRESENTATION AND RECEIPT OF CITY OF RICHFIELD COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED DECEMBER 31, 2009 S.R. 113 Bill Lauer, MMKR auditing firm, presented the audit results. The City Council requested staff provide to them a written response to explain how staff will address the findings of the audit. M/Wroge, S/Elliott to approve the City of Richfield Comprehensive Annual Financial Report for fiscal year ended December 31, 2009. Motion carried 5-0. Item #8A CONSIDERATION OF RESOLUTION ACCEPTING DONATION FROM CENTERPOINT ENERGY COMMUNITY PARTNERSHIP GRANT PROGRAM TO RICHFIELD FIRE DEPARTMENT TO PURCHASE VHF RADIO PAGERS S.R. NO. 107 M/Goettel, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: Council Meeting Minutes -4- June 22, 2010 RESOLUTION NO. 10376 .RESOLUTION AUTHORIZING ACCEPTANCE OF CENTERPOINT ENERGY COMMUNITY PARTNERSHIP GRANT FUNDS RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS PRESCRIBED BY THE DONORS Motion carried 5-0. This resolution appears as Resolution No. 10376. Item #9 CITY MANAGER'S REPORT City Manager Devich reported the City had received the 2010 Wellness by Design Silver Level Award from Hennepin County for promoting a healthy work environment. Public Works Director Eastling discussed .Legion and Taft Lakes as they relate to the Minnehaha Creek Watershed District stormwater treatment system requirements to meet the Federal and State mandates for water clean-up. Item #10 CLAIMS AND PAYROLL M/Wroge, S/Sandahl that the following claims and payrolls be approved: U.S. BANK 06-22-2010 A/P Checks: 195294 - 195731 PAYROLL 66995 - 67355, 41495 $ 2,415,786.97 $ 516,747.54 TOTAL Motion carried 5-0. OPEN FORUM None. ADJOURNMENT $ 2,932,534.51 The City Council meeting was adjourned by unanimous consent at 8:10 p.m. Date Approved: Debbie Goettel Mayor Cheryl Krumholz Recording Secretary Steven L. Devich City Manager AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING JULY 13, 20.10 CONSENT 3A 114 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME, T/TLE DEPARTMENT DIRECTOR REVIEW: ,.- ~ SIGNATU REVIEWED BY CITY ~ _ MANAGER: ITEM FOR COUNCIL CONSIDERATION: Conduct a first reading of an ordinance amending Richfield City Code Appendix 1 to remove references to properties within the New Ford Town and Rich Acres areas. These areas are no Ion er within the Cit of Richfield. I. RECOMMENDED ACTION: By Motion: Conduct a first reading of an ordinance amending Richfield City Code Appendix 1 by repealing references to certain properties that are no longer located within the City and correcting map pa a references. II. BACKGROUND In the late 1990s, as a result of the Airport's decision to remain at its current location and pursue expansion, the homes located in the area of Richfield located east of Trunk Highway 77 were purchased by the Metropolitan Airports Commission (MAC). Subsequently, this land became MAC property. Appendix 1 of the City Code, which designates the zoning district of all properties in the City, still references these properties. The proposed amendment will remove these references. Additionally, references to map pages will be corrected and/or enhanced by this amendment. 071310 - 1st Reading New Ford Town Ord Amendment III. BASIS OF RECOMMENDATION A. POLICY • Appendix 1 of the City Code denotes the official zoning district of land located within the City. • The area.. in question is no longer within City limits. • Map page notations make it simpler to identify areas described by often complex legal descriptions. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • A public hearing regarding this item was held before the Planning Commission on June 28, 2010. • Notice of the public hearing was published in the Sun Current Newspaper and notice was mailed to property owners and residents within 350 feet of the subject properties. • The Planning Commission voted unanimously to recommend approval of the proposed ordinance (7-0). • A second reading is scheduled for July 27, 2010. • If the second reading is approved, the ordinance will take effect 30 days following publication in the Sun Current Newspaper. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • N/A V. ATTACHMENTS • Ordinance • Map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A ~~ ~~ ORDINANCE NO. . AN ORDINANCE RELATING TO ZONING; AMENDING APPENDIX 1 TO THE RICHFIELD CITY CODE BY REPEALING REFERENCES TO PROPERTIES THAT ARE NO LONGER LOCATED WITHIN THE CITY AND CORRECTING MAP PAGE REFERENCES. THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Appendix 1 of the Richfield City Code is amended by repealing Section 1, paragraph 9; Section 3, paragraph 9; Section 5, paragraphs 13 and 24; Section 11, paragraphs 39 - 44; Section 12, paragraphs 17, 18, and 36. Sec. 2. Paragraph (51) of Section 3 of Appendix 1 of the Richfield City Code is amended to read as follows: (51) M-1, 2, 4 That area lying between the center lines of Cedar and 19t" Avenues, and_ between the enter lines of 66t" and 68t" Streets, except any portion lying outside the Richfield City limits. Sec. 3. Paragraph (55) of Section 3 of Appendix 1 of the Richfield City Code is amended to read as follows: (55) M-1,2, 4 That area lying between the center lines of Cedar Avenue and Block 4, Rich Acres Addition, and between the center lines of 68tH and 69t" Streets. Sec. 4. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk I:\GIS\Community Development\Staff\Melissa\Projects\Zoning Cases\New Ford Town & Rich Acres.mxd Former Areas of Richfield AGENDA SECTION: CONSENT AGENDA ITEM # 3B REPORT # 115 ~~ STAFF REPORT CITY COUNCIL MEETING JULY 13, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: KAREN BARYON, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Approval of Metropolitan Council Livable Communities Act Apartment Remodeling Forgivable Loan Agreements between the City of Richfield and Woodlake Park Apartments, LLC and New Orleans Court A artments, LLC. I. RECOMMENDED ACTION: By Motion: Approve the Metropolitan Council Livable Communities Act Apartment Remodeling Forgivable Loan Agreements between the City of Richfield and Woodlake Apartments, LLC and New Orleans Court Apartments, LLC. II. BACKGROUND In 1999 the Metropolitan Council awarded the City of Richfield $575,000 for an apartment remodeling grant program. This grant was one of the earliest grants administered by the Metropolitan Council and had no set expiration date. The City allocated $448,475 of the grant between 1999 and 2002, leaving a balance of $126,524.27 in the fund. The grant funds were used for planning, administrative costs, and as loans to qualified projects in the form of 15-year, forgivable deferred loans. 07132010 LCA Apt Remodeling Grant The original loans were administered through aloan-origination agreement with the Center for Energy and Environment (CEE). That agreement expired in December, 2000. In June of last year, the Metropolitan Council notified City Staff of the remaining balance and requested the City relinquish the funds. Staff met with representatives of the Metropolitan Council and reached agreement to utilize the remaining balance by the end of this year. The remaining funds will be granted in the form of a 15-year, forgivable deferred loan to New Orleans Court Apartments, located at 50 West 78th Street, and Woodlake Park Apartments, located at 6304 Dupont Avenue South, for replacement of furnaces, windows, and doors. New Orleans Court Apartments has a total of 103 units, 24 of which are townhome units. Woodlake Park Apartments has a total of 90 units. Over 80% (20 units) of the New Orleans Court apartments rental townhomes and 25% (23 units) of the Woodlake Apartments are occupied by very low-income households receiving Section 8 Vouchers. Additionally, the rents for these units are very affordable at $685 for aone-bedroom unit and $865 for atwo-bedroom unit. The replacement of the windows and doors will reduce the tenants' out-of-pocket energy-related expenses significantly, as well as assisting in keeping rents affordable. Additionally, the New Orleans Court and Woodlake Park Apartment owners will match 50% of the funding to complete the improvements. III. BASIS OF RECOMMENDATION A. POLICY • Support the rehabilitation and upgrading of the existing housing stock. • Support ongoing maintenance and upkeep of residential properties. • Promote the development, management, and maintenance of affordable housing in the City through assistance programs; alternative funding sources; and the creation of partnerships whose mission is to promote low to moderate income housing. B. CRITICAL TIMING ISSUES • The City is required to expend the funds by December 31, 2010. • If the funds are not. spent by December 31, 2010, the City will be required to relinquish the funds to the Metropolitan Council. C. FINANCIAL • $126,524.27 in grant funds available for the specified apartment remodeling project. • $189,000 in improvements leveraged via this funding. D. LEGAL • The City Attorney drafted the Agreements between the City of Richfield and Woodlake Park Apartments, LLC and New Orleans Court Apartments, LLC E. ENVIRONMENTAL CONSIDERATIONS • The replacement of old windows and doors will improve the energy efficiency of the units. • Green building practices will be required to be used as practicable: IV. ALTERNATIVE RECOMMENDATION(S~ • Approve Agreements with changes. • Do not approve Agreements. V. ATTAC~IMENTS • Agreements between the City of Richfield and Woodlake Park Apartments, LLC and New Orleans Court Apartments, LLC. • Photos of the properties VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A 3 ~-- I EXECUTION COPY RICHFIELD APARTMENT REMODELING PROGRAM FORGYVASLE LOAN AGREEMENT New Orleans Court Apartments THIS AGREEMENT, made and entered into this day of , 2010, by and between New Orleans Court Apartments, LLC, a Minnesota limited liability company (hereinafter referred to as "Apartment Building Owner"), and The City of Richfield, a Minnesota corporation, having its office at 6700 Portland Avenue South, Richfield, Minnesota (referred to in this agreement as "Grantor"): I. BACKGROUND 1. Grantor is the recipient of a Metropolitan Council Livable Communities Demonstration Grant Account; and has authority from the Metropolitan Council which will allow Grantor to expend up to $91,021 of the original grant amount to fund the reimbursement of Apartment Building Owner for certain improvements to the properties located at: 30 West 78`h Street, Richfield, MN, and 45 West 77`" Street, Richfield, MN, and legally described on Exhibit A ("the Property"). 2. The Improvements are those described as follows: Six new furnaces Replace 144 townhome windows 3. Apartment Building Owner is willing to undertake construction of the improvements upon the understanding that, subject to the provisions of this Agreement, it will be reimbursed for the cost of such work up to the maximum amount of $91,021. 4. Grantor is willing to provide such reimbursement to Apartment Building Owner subject to the provisions of this Agreement. 369168v4 JBb RC160-5 ~z n. 1. Promptly upon execution of this Agreement, Apartment Building Owner shall secure the necessary permits and commence construction of the improvements described in 12 above. 2. All construction of the improvements is to be completed by not later than October 1, 2010. 3. Upon completion of all the improvements described in I 2, and payment for such work having been made, Apartment Building Owner may apply to the Grantor for reimbursement. 4. The Grantor shall have up to fifteen days from the date of such application to inspect the work and review the billing statements. The Grantor must make reimbursement if the (i) work is completed, (ii) in a workmanlike manner, and (iii) the billing statements reflect the amount of reimbursement sought (but in no event will reimbursement exceed $91,021). If payment is to be made, it must be made not later than twenty days following the application for payment. 5. Apartment Building Owner understands that the Demonstration Grant Account is the sole source of payment of the reimbursement; and that the Grant expires on December 31, 2010. Consequently, Apartment Building Owner has the responsibility of submitting the reimbursement application in a manner that will allow for timely review and payment as described in II 4 above, and also allows for corrections to any problems discovered as a result of Grantor's inspection of the work. 6. The amount of the reimbursement paid to Apartment Building Owner will be repaid to Grantor with interest at the rate of 0.0% per annum computed from the date of payment of the reimbursement if within fifteen years of the date of such payment the Property is voluntarily or involuntarily sold, transferred or otherwise conveyed to a third party, including, without limitation, any sale in foreclosure or by deed in lieu of foreclosure. The repayment obligation will be secured by a mortgage in substantially the form of the attached Exhibit B, which will be executed by the Apartment Building Owner and delivered to the Grantor for recording at the time the reimbursement is paid. 7. If no such transfer has occurred by such date, the Apartment Building Owner's obligation to repay the reimbursement shall terminate and be forever discharged, and upon request, Grantor will deliver a certification so stating to Apartment Building Owner; and at the same time will provide Apartment Building Owner a satisfaction of mortgage in recordable form. 8. Any notice required to be given under this Agreement will be deemed given if delivered by hand or mailed by first class mail, postage prepaid to the Apartment Building Owner at 5290 Villa Way, Edina, MN 55436, or if to the HRA, at 6700 Portland Avenue South, Richfield, MN 55423, or to such other address as either party may from time to time designate in writing. Error: L3nknowo document property name. 36 Dated: 2010. NEW O,R~L,E7ArNl~S~ \^. By. ~ ~ ~/'+ ItS: i h r P t- STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this ~ day of .--` said County, personally appeared described herein and who executed the foregoing MARY H. GARDNER NOTARY PUBLIC-MINNESOTA ~~ My Commission Expires Jan. 31, 2011 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) 2010, before me, a Notary Public within for ~_ to y ie nown to be the person(s) THE CITY OF RICHFIELD By: Its: Mayor By: Its: City Manager The foregoing instrument was acknowledged before me this day of , 2010, by and ,the Mayor and City Manager of the City of Richfield, Minnesota, a body corporate and politic of the State of Minnesota., on behalf of the City. This document drafted by: The Housing and Redevelopment Authority In and for the City of Richfield 6700 Portland Avenue South. Richfield, MN 55423 (612) 861-9760 Notary Public This instrument is exempt from recording fees under Section 386.77 of Minnesota Statutes. 3 369168x4 JBD RC 160-5 38-`f EXHIBIT A Par 1: Lots 1 and 6, Block 6, Lots 6, Block 7; That part of vacated Blaisdell Avenue lying South of the South line of West 77`i' Street and North of a line drawn from the Southwest corner of Lot 6, Block 7, to the Southeast corner of Lot 1, Block 6, "R.C. Soens Addition". Par 2: Lots 2, 3 and 5, Block 6; Lots 4 and 5, Block 7; That part of vacated Blaisdell Avenue lying South of a line drawn from the Southwest corner of Lot 6, Block 7 to the Southeast corner of Lot 1, Block 6 and North of a line parallel with and distant 27 feet Northwesterly of the following described line: From a point on the North and South. Quarter line of Section 3, Township 27, Range 24, distant 110.41 feet South of the North Quarter corner thereof, run Westerly at an angle of 85 degrees 46 minutes, 30 seconds with said North and South Quarter line (measured from North to West) for 1077.7 feet; thence deflect to the left at an angle of 4 degrees 48 minutes for 415.1 feet; thence deflect to the right at an angle of 90 degrees for 119 feet to the point of beginning of the line to be described; thence deflect to the right at an angle of 90 degrees for 175.1 feet; thence deflect to the left at an angle of 3 degrees 30 minutes for 406.8 feet; thence deflect to the right on a 2 degree 30 minute curve (delta angle 12 degrees) and having a length of 480 feet for 306.7 feet; thence deflect to the left on a 10 degree curve (delta angle 37 degrees 50 minutes 30 seconds) for 378.4 feet and there terminating; which described line is set forth in Parcels 224 and 224B in pending Condemnation Cases No. 9 and 10 for the taking of Trunk Highway easement of a part of said Lot 3, Block 6 and part of said Lot 4, Block 7; "R.C. Soens Addition". A-1 Error! Unknown document property name. ~~ -~ EXHIBIT B P. O. Box 198 Kennedy & Graven MORTGAGE This Indenture made this day of 20~ between New Orleans Court Apartments, LLC, a Minnesota limited liability company, Mortgagor, and The City of Richfield, a Minnesota municipal corporation, Mortgagee. Witnesseth: That the said Mortgagor, in consideration of the sum of One ($1.00) Dollar and other good, valuable and sufficient consideration, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Sell, and Convey unto the said Mortgagee, its successors and assigns, Forever, all the tracts or parcels of land lying and being in the County of Hennepin and State of Minnesota, described as follows, to-wit: The parcel of land described in the attached Exhibit A. (The "Property") To Have and to Hold the Same, Together with the hereditaments and appurtenances thereto belonging to the said Mortgagee, its successors and assigns, forever. And the said Mortgagor, for itself, and its successors and assigns, does covenant with the said Mortgagee, its successors and assigns, as follows: That it is lawfully seized of said premises and has good right to sell and convey the same; that the same are free from all incumbrances, save and except reservations, restrictions and easements of record; that the Mortgagee, its successors and assigns, shall quietly enjoy and possess the same; and that the Mortgagor will Warrant and Defend the title to the same against all lawful claims not hereinbefore specifically excepted. Provided, Nevertheless, That if said Mortgagor, its successors and assigns, does not make a transfer of the Property in violation of the provisions of section II. 6 of that certain Agreement entitled: Richfield Apartment Remodeling Program Forgivable Loan Agreement dated as of (the "Agreement"), made and entered into between Mortgagor and Mortgagee, and shall keep and perform all the covenants and agreements herein contained, then this deed to be null and void, and to be released at the Mortgagor's expense. This Mortgage secures a principal debt in the amount of $91,021 payable by Mortgagor to Mortgagee under the terms of the Agreement, including the terms contained in section II. 6, and amendments thereto. And the Mortgagor, for itself, and its successors and assigns, does hereby covenant and agree with the Mortgagee, its successors and assigns, to perform its obligations as above specified, to pay all taxes and assessments now due or that may hereafter become liens against said premises at least ten (10) days before penalty attaches thereto; to pay, when due, both principal and interest of all prior liens or incumbrances, and to keep said premises free and clear of all other liens or incumbrances; to commit or permit no waste on said premises and to keep them in good repair; to complete forthwith any improvements which may hereafter be under course of construction thereon, and to pay any other expenses and attorneys' fees incurred by said Mortgagee, its successors or assigns, by reason of litigation with any third party for the protection of the lien of this Mortgage. B-1 Error: Unknown document property name. ~~ ~~ That Mortgagor, does further covenant and agree that if any lien for labor, skill or material shall be filed for record during the life of this Mortgage, upon or against the premises hereby mortgaged, the said Mortgagor will, within thirty (30) days after the date of its filing for record, either pay off the said lien and secure its satisfaction of record, or will protect the Mortgagee against any loss or damage growing out of its enforcement, by furnishing a bond for the same amount in the form and with the sureties to be approved by the Mortgagee. In case of failure to pay said taxes and assessments, prior liens or incumbrances, expenses and attorneys' fees as above specified, the Mortgagee, its successors or assigns, may pay such taxes, assessments, prior liens, expenses and attorneys' fees and interest thereon, and the sums so paid shall bear interest at the highest rate permitted by law from the date of such payment, shall be impressed as an additional lien upon said premises, and be immediately due and payable from the Mortgagor, its successors or assigns, to said Mortgagee, it successors or assigns, and this Mortgage shall from date thereof secure the repayment of such advance with interest. In case of default in any of the foregoing covenants, the Mortgagor confers upon the Mortgagee the option of declaring a default and hereby authorizes and empowers said Mortgagee, its successors and assigns, to foreclose this Mortgage by judicial proceedings or to sell said premises at public auction and convey the same to the purchaser in fee simple in accordance with the statute, and out of the money arising from such sale to retain all sums secured hereby, with all legal costs and charges of such foreclosure and the maximum attorneys' fee permitted by law, which costs, charges and fees the Mortgagor herein agrees to pay. In Testimony Whereof, The said Mortgagor has hereunto set its hand the day and year first above written. New Orleans Court Apartments, LLC STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) By foregoin instrument was acknowl d before m this da f (,..~~ 2010, byT~ ~. 3C(~ the t of New Orleans Court Apartments, LLC on behalf of the limited lia li panty MARY H. GAR©NER .~ ~~m~~~, Notary bl This Instrument was Drafted by: Richfield Housing and Redevelopment Authority in and for the City of Richfield Error: Unknown document property name. B-2 ~--7 6700 Portland Avenue South Richfield, MN 55423 (612)861-9760 B-3 Error! Unknown document property name. ~~-8 EXIiIBIT A TO MORTGAGE LEGAL DESCRIPTION [Insert Legal Description Before Execution] [Same as Exhibit A to Loan Agreement] Error: i3nknown document property name. B-2 AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING JULY 13, 2010 CONSENT 116. REPORT PREPARED BY: MARK HALL, OPERATIONS MANAGER - PARKS/FLEET NAME, TI7z,E DEPARTMENT DIlZECTOR ~; REVIEW: L REVIEWED BY CITY r MANAGER: L ~I ITEM FOR COUNCIL CONSIDERATION: !~-Consideration of the attached resolutions pertaining to the annual Lyndale/HUB/Nicollet (LHN) maintenance assessment process. I. RECOMMENDED ACTION: By Motion: 1. Adopt the attached resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for 2009 Lyndale/HUB/Nicollef (LHN) Maintenance and schedule a public hearing for August 9, 2010. 2. Adopt the attached resolution proposing a similar assessment process to be implemented for 2011 and schedule a public hearing for August 9, 2010. II. BACKGROUND The Lyndale/HUB/Nicollet (LHN) maintenance assessment was established to recover extraordinary maintenance expenses in the LHN area in 1981. The extraordinary services include irrigation, weeding and mowing of landscaped areas. The LHN Redevelopment Area is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue. City staff has determined actual costs of current services to be assessed for the 2009 maintenance of this area and estimated costs for the 2011 maintenance. 0713101hn0919assess III. BASIS OF RECOMMENDATION A. POLICY • Section .825 of the City Code indicates "current services" mean one or more of the following: (a) snow, ice, or rubbish removal from sidewalks; (b) weed elimination from streets or private property; (c) removal or elimination of public health or safety hazards from private property, excluding and- structure included under the .provisions of Minnesota Statues, sections 463.15 to 463.26; (d) installation or repair of water service lines; (e) street sprinkling, sweeping, or other dust trea~~ment of streets; ~: , (f) the trimming and care of trees and the removal of unsound trees from any street; (g) -the treatment and removal of insect-infested or diseased trees on private property; (h) -the repair of sidewalks and alleys; (i) the operation of a street lighting system; (j) the maintenance of landscaped areas, decorative parks and other public amenities on or adjacent to street right-of--way; and (k) snow removal and other maintenance of streets in commercial redevelopment areas. • Council ordered the work, and the work is done for 2009. • Council needs to order the work for 2011. B. CRITICAL ISSUES • On or before September 1 of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. C. FnvANCIAt, • Estimated and actual costs for the LHN maintenance services from 1998-2008 were/are: Year Estimated Actual 1998 $49,165 $39,127.73 1999 $50,640 $47,470.80 2000 $45,000 $31,273.61 2001 $50,000 $52,556.06 .2002 $50,000 $35,136.62 2003 $52,000 $37,785.67 2004 $50,000 $44,031.39 2005 $50,000 $45,385.31 2006 $50,000 $45,648.56 2007 $50,000 $51,605.29 2008 .$50,000 $49,999.99 2009 $50,000. $49,747.02 2010 $50,000 Fluctuations in expenditures for maintenance of LHN are caused by a number of factors. Weather determines water usage and irrigation .costs; street light knockdowns are never foreseeable and very expensive; and the need to paint streetlights and repair concrete varies from year to year. - D. LEGAL • Section 825, Subd. 2 states that "the City Clerk, under the Council's direction, shall, publish notice that the Council will meet to consider the undertaking of current services and levying of special assessments to pay costs thereof." E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Council may make any changes to the assessment roll as deemed necessary after the public hearing. V. ATTACHMENTS • Resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for 2009 LHN Maintenance. • Resolution proposing to specially assess the costs of current services for 2011. • Graphic VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~c--~ RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1, 2009 THROUGH DECEMBER 31, 2009 , WHEREAS, costs have been determined for the maintenance of the Lyndale/Hub/Nicollet (LHN) Redevelopment Area which is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue in the City of Richfield and the expenses incurred or to be incurred for such maintenance amount to $49,747.02 for the period of January 1, 2009 through December 31, 2009. NOW, THEREFORE, B.E IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The portion of the cost to be assessed against benefited property owners is declared to be $49,747.02. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such maintenance against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in his office for public inspection. 3. The City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 4. A hearing shall be held on the 9th day of August, 2010, in the Council Chambers of the City Hall at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda to pass upon such proposed assessment and at such time and place all persons owning property affected by said maintenance assessment will be given an opportunity to be heard in reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the maintenance. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing Adopted by the City Council of the City of Richfield, Minnesota this 13th day of July, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~' ~, RESOLUTION NO. RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE LYNDALE/HUB/NICOLLET LHN) PROJECT AREA FOR THE PERIOD JANUARY 1, 2011 HR UGH DECEMBER 31, 2011. BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: There is hereby established a special assessment district, the boundaries of which are conterminous with the Lyndale/Hub/Nicollet (LHN) Redevelopment Project Area, for the purposes of assessing for current services provided by the City. 2. The following current services of the City are hereby proposed to be undertaken by the City in the district, with the costs of such services to be specially assessed against benefited property within the district: • Snow, ice or rubbish removal; • Weed elimination; • Elimination or removal of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes Section 463.15 to 463.26; • Installation or repair of water service lines; • Street sprinkling or other dust treatment of streets; • Trimming and care of trees and the removal of unsound trees; • Repair of sidewalks, crosswalks, and other pedestrian walkways; • Operation of the street lighting system; • Maintenance of landscaped areas and other public amenities on or adjacent to street right-of--way; • Maintenance of Civic Plaza; • Snow removal and other maintenance of streets; • Painting and repair of wood furniture; • General maintenance, including repairs and replacement. The area proposed to be specially assessed for such current services consists of every assessable lot and parcel of land within the district. It is proposed that special assessments on commercial property be made on the basis of the area with each square foot of assessable commercial property within the district being assessed an equal amount for maintenance of common are. Exempt from the special assessment levy shall be all single family, two-family, multiple family residential property within the LHN redevelopment district. Special maintenance of individual commercial properties shall be assessed directly for costs incurred in performing said maintenance to said property. 4. The City Clerk is authorized and directed to give public notice of a hearing by this Council at which the Council will consider the undertaking of such current services and the levying of special assessments to bear the costs thereof. The City Clerk shall also give mailed and published notice of such hearing as.required by law. Such hearing shall be held on Monday, August 9, 2010, commencing at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda. It is hereby proposed that the project consist of the costs of the aforementioned services for the period of January 1, 2011 through December 31, 2011. The estimated cost of providing all the aforementioned current services during that period is $50,000. Adopted by the City Council of the City of Richfield,. Minnesota this 13th day of July, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk I_V fV N U1 ~' 0 N ~~ o~ o~ ~~ z~ " ^~ :6 ~_ y ~C ;r, ~ ~~ D r Z D r c~ z ~ D ~ Z ~ C7 m 0 ~_ n ~_ C J.. ~ ~~ ~.r -1 "~ b '~ tr .~ ~v ~ ~` 0 0 z 0 W ~~ ~_ ~v` viFa~nn? BIAISDELL AVE NICOLLET AVE s r 2 Z D Z m z D Z C7 m 0 n -~. ~ i ~~ ~~' STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL 1VIEETING JULY 13, 2010 CONSENT 3D 117 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: NAME, 7777,E ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolutions pertaining to the annual 77th Street maintenance district assessment process. I. RECOMMENDED ACTION: By Motion: 1. Adopt the attached resolution. proposing to assess.commercial .properties in the 77th Street assessment district for costs incurred to maintain the area for 2009 and schedule a public hearing for August 9, 2010. 2. Adopt the attached resolution proposing a similar assessment process to be implemented for 2011 and schedule a public hearing for August 9, 2010. II. BACKGROUND Since the 1988 construction of the short section of 77th Street around the Hampton Inn, the City has been performing special, high-quality maintenance along 77th Street. The special maintenance services include irrigation, weeding and mowing of the landscaping on both sides of the 77th Street wall. The maintenance functions, known as current services, are funded through the maintenance assessment on the 77th Street businesses. City staff has determined costs to be assessed for the maintenance of the 77th Street redevelopment area between I-35W and Cedar Avenue. MARK HALL, OPERATIONS MANAGER -PARKS/FLEET 071377th0911 assess III. BASIS OF RECOMMENDATION A. POLICY • Section 825 of the City Code indicates "current services" mean one or more of the following: (a) snow, ice, or rubbish removal from sidewalks; (b) weed elimination from streets or private property; (c) removal or elimination of public health or safety hazards from private property, excluding and structure included under the provisions of Minnesota Statues, sections 463.15 to 463.26; (d) installation or repair of water service lines; (e) street sprinkling, sweeping, or other dust treatment of streets; (f) the trimming and care of trees and the removal of unsound trees from any street; (g) .the treatment and removal of insect-infested or diseased trees on private property; (h) the repair of sidewalks and alleys; (i) the operation of a street lighting system; (j) the maintenance of landscaped areas, decorative parks and other public amenities on or adjacent to street right-of--way; and (k) snow removal and other maintenance of streets in commercial redevelopment areas. • Council ordered the work, and the work is done. • Resolution No. 7405, adopted in 1988, established a policy for assessing the costs. • Commercial property owners will be assessed on aper-square-foot basis. However, all single family and multi-family residential properties, plus the two churches in the area, would be exempt from the special assessment levy. B. CRITICAL TIlVIING ISSUES • On or before September 1 of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. C. FINANCIAL • Estimated and actual costs for the 77th Street maintenance services from 1998 -.2009 are: Year Estimate Actual 1998 $74,765. $54,629.54 1999 $80,000 $76,674.70 2000 $80,000 $70,594.20 2001 $85,000 $78,884.49 2002 $80,000 $75,490.39 2003 $80,000 $59,831.07 2004 $80,000 $63,842.79 2005 $80,000 $64,841.54 2006 $80,000. $69,606.52 2007 $80,000 $77,441.46 2008 $80,000 $77,000.01 2009 $80,000 $62,894.55 2010 $80,000 D. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. • Section 825, Subd. 2 states that "the City Clerk, under the Council's direction, shall publish notice that the Council will meet to consider the undertaking of current services and levying of special assessments to pay costs thereof." E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Council may make any changes to the assessment roll as deemed necessary after the public hearing. V. ATTACHMENTS • Resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for 2009 77th Street Maintenance. • Resolution proposing to specially assess for current services for 2010. • Graphic VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 3,D-~ RESOLUTIO NO. RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1, 2009 THROUGH DECEMBER 31, 2009 WHEREAS, costs have been determined for the maintenance of the 77th Street Redevelopment Area the boundaries of which are approximately east of I-35W and west of Cedar Avenue in the City of Richfield and the expenses incurred or to be incurred for such maintenance amount to $62,894.55 for the period of January 1, 2009 through December 31, 2009. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The portion of the cost to be assessed against benefited property owners is declared to be $62,894.55. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such maintenance against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in his office for public inspection. 3. The City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 4. A hearing shall be held on the 9th day of August, 2010, in the Council Chambers of the City Hall at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda to pass upon such proposed assessment and at such time and place all persons owning property affected by said maintenance assessment will be given an opportunity to be heard in reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the maintenance. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of July, 2010. Debbie Goettel, Mayor ATTEST: -Nancy Gibbs, City Clerk ®°~ RESOLUTION NO. RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE 77TH STREET PROJECT AREA FOR THE PERIOD JANUARY 1, 2011 THROUGH DECEMBER 31, 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. There is hereby established a special assessment district, the boundaries of which are east of I-35W and west of Cedar Avenue, for the purposes of assessing for current services provided by the City. 2. The following current services of the City are hereby proposed to be undertaken by the City in the District with the cost of such services to be specially assessed against benefited property within the District; • The trimming .and care of trees and shrubs and the removal of any unsound trees from any street; • The repair of sidewalks; • The maintenance of landscaped areas and other public amenities on or adjacent to street rights-of--way; • Trash and litter removal. 3. The area proposed to be specially assessed for such current services consists of each and every commercial lot and parcel of land within the District. It is proposed that the special assessments on the commercial property be made on the basis of area. 4. The City Clerk is hereby authorized and directed to publish notice of a hearing by this Council at which the Council will consider the undertaking of such current services and the levying of special assessments to bear the costs thereof. Such notice shall be published in the official newspaper at least once, at least two weeks prior to the date of hearing. The City-Clerk shall also give mailed notice of such hearing as required by law. Such hearing shall be held Monday, August 9,2010, commencing at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda. 5. It is hereby proposed that the project consist of the aforementioned services for the period from January 1, 2011 through December 31, 2011. The estimated cost of providing all of the aforementioned services during that period is $80,000. Passed by the City Council of the City of Richfield, Minnesota this 13th day of July, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 0 w 0 rn 0 C Sl N O N N O W~ 0 .~ o~ Z ~' r ~~ m Q 0 .~ ~~ n ~c =, ~Wr- ~n o . p S ~ ^ v r`. Y ., ~ ~ f -_ ~ 0 _ a~ ~ ~ ~' =~ xf _, ~ 0 z j ~ _ ~ _'r ~ v: r ~ ~ a a: ~n 0 Z ~\ V /~ rn rn D Z m z D z C7 m 0 n ~'. AGENDA SECTION: CONSENT AGENDA ITEM # 3E REPORT # 118 ~' STAFF REPORT CITY COUNCIL MEETING JULY 13, .2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRIS LINK, OPERATIONS MANAGER STREETS/FORESTRY NAME, TITLE .SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution declaring costs to be assessed for removal of diseased trees from private property for work ordered in 2009. I. RECOMMENDED ACTION: By Motion: 1. Adopt the attached resolution declaring costs to be assessed and ordering the preparation of the proposed assessment roll for the removal of diseased trees from private property for work ordered in 2009. 2. Set the public hearina date for Auaust 9. 2010. II. BACKGROUND Property owners of diseased trees have four options available for private tree removal: 1. Remove the tree themselves. 2. Hire and pay for their own contractor. 3. Hire the City's contractor and pay for the removal. 4. Use the City's contractor and request that the cost of the tree removal be assessed against their property tax. In the period from January 1, 2009 through December 31, 2009, twenty-seven (27) property owners chose the fourth option.. The recommended action orders the assessments as requested. 071310treeassess III. BASIS OF RECOMMENDATION A. POLICY • The work has been done with prior approval from the affected residents. • Minnesota State Statute requires the County to be notified of all special assessments. • A notice of the hearing on the proposed assessment (see attached) will be mailed at least two weeks prior to the hearing and shall state in the notice the total cost of-the diseased tree removal B. CRITICAL TIMING ISSUES • On or before September 1St of each year, the unpaid charges for the removal of the diseased trees must be special assessed for certification to the county director of property taxation and collection along with current taxes as stated in City Code 825.05 Subd. 3. C. FINANCIAL • The costs to be assessed for the removal of Dutch Elm diseased trees on private property for work ordered during the period January 1, 2009 through December 31, 2009 have been determined to be $33,587.84. • The property owner's have a 30 day prepayment period whereby no interest will be charged on the prepaid portion of the special assessment. Partial prepayments are not allowed after the 30-day period. The unpaid balance will be spread over 5 years with a six percent interest rate. No interest wilt be charged if the entire assessment is paid before November 15, 2010. • The original source of funding to have the work done is through the City's Permanent Improvement Revolving Fund. D. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Council may revise the special assessment roll as deemed necessary following the public hearing. V. ATTACHMENTS • Resolution Notice of Assessment Hearing to be mailed to residents VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~~ ' RESOLUTION NO. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 2009 TO DECEMBER 31, 2009. WHEREAS, costs have been determined for the removal of diseased trees from private properties in the City of Richfield and the expenses incurred or to be incurred for such work ordered during the period of January 1, 2009 through December 31, 2009 amount to $33,587.84. Address PID # Amount 120E 69th St 27-02824-43-0091 $849.75 320 W 70th St 27-02824-34-0021 $630.00 1014 W 66th St 28-02824-14-0367 $370.80 1319 W 73rd St 33-02824-13-0048 $978.50 1528E 66th St 26-02824-14-0109 $612.85 6227 Humboldt Ave 28-02824-12-0014 $2,252.78 6300 Knox Ave 28-02824-21-0103 $1,874.60 6301 Knox Ave 28-02824-21-0102 $1,175.00 6639 Elliot Ave 26-02824-31-0039 $2,178.45 6715 Portland Ave 26-02824-32-0089 $1,874.60 6720 Oakland Ave 26-02824-32-0126 $1,874.60 6725 4th Ave 27-02824-41-0094 $1,072.75 .6900 13th Ave 26-02824-43-0073 $128.75 6901 Blaisdell Ave 27-02824-34-0072 $1,153.60 7044 Elliot Ave 35-02824-21-0045 $1,760.00 7101 Oliver Ave 33-02824-22-0112 $1,606.80 7128 Lyndale Ave 33-02824-14-0078 $478.95 7132 Elliot Ave 35-02824-21-0034 $342.65 7138 Elliot Ave 35-02824-21-0035 $262.65 7312 Grand Ave 34-02824-23-0131 $1,236.00 7321 Emerson Ave 33-02824-13-0093 $4,210.13 7325 Emerson Ave 33-02824-13-0092 $1,181.93 7400 Pillsbury Ave 34-02824-31-0049 $463.50 7408 11th Ave 35-02824-31-0082 $849.75 7412 Pillsbury Ave 34-02824-31-0051 $463.50 7435 Penn Ave 33-02824-32-0029 $993.95 7520 Blaisdell Ave 34-02824-31-0099 $2,711.00 ~~ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The total cost to be assessed against benefited property owners is declared to be $33,587.84. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such work against each benefited property, and shall file a copy of such proposed assessment in his office for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 4. A hearing shall be held on the 9th day of August, 2010 in the City Hall Council Chambers at 7:00 p.m., or as soon. as hereafter as it may be reached on the agenda, to pass upon such proposed assessment and at such time and place all persons owning property affected by said diseased tree removal assessment will be given an opportunity to be heard in reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment at least two weeks prior to the hearing and shall state in the notice the total cost of the diseased tree removal. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted by the City Council of the City of Richfield this 13th day of July, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk G ,J 6700 Poli•tland Avenue • Richfield, Minnesota 55423-2599 Date Name Address PID# NOTICE OF ASSESSMENT HEARING NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CERTAIN SERVICES OF THE CITY FOR REMOVAL OF DISEASED TREES ON PRIVATE PROPERTY (JANUARY 1, 2009 -DECEMBER 31, 2009) NOTICE IS HEREBY GIVEN that the Richfield City Council will hold an assessment hearing on the date and at the time and place given below, to pass upon the proposed assessment for the removal and disposal of diseased trees on private property. DATE, TIME AND PLACE OF HEARING: August 9, 2010, at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda, at Richfield City Hall, 6700 Portland Avenue South, Richfield, Minnesota 55423. NATURE OF IMPROVEMENT AND AREA TO BE ASSESSED: Costs incurred for removal of diseased trees from private property with the consent and approval of the property owners for work ordered from the City of Richfield, January 1, 2009 through December 31, 2009. The City proposes to assess the costs for this work, which totaled THE SPECIAL ASSESSMENT TO YOUR PROPERTY IS: Payment can be made after the assessment is adopted and before November 15, 2010 at the City of Richfield Assessor's office, 6700 Portland Avenue, Richfield, MN 55423. Please make your check payable to the City of Richfield. THIS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT. NO SEPARATE BILLING WILL OCCUR. A copy of the proposed assessment roll is on file for public inspection at the City Clerk's office, 6700 Portland Avenue South, Richfield, Minnesota. Telephone (612) 861-9700 • Fax (612) 861-9749 ~ E-4 PAYMENT OF ASSESSMENT: You may pay your assessment at any time after the assessment has been adopted by presenting a check to the City Treasurer at the Assessor's office, 6700 Portland Avenue South, Richfield, Minnesota 55423. Unpaid assessments accrue interest at the rate of six percent (6%) per year. The amount of interest payable depends upon when your payment is made, and the following deadlines apply: Payment within 30 days of adopted assessment: If the original principal amount of the assessment is $300 or more, you may make a partial prepayment of $100 or more within 30 days from the date the Council adopts the assessment, scheduled for August 9, 2010. No interest will be charged on the prepaid portion. Partial prepayments are not allowed after the 30-day period. The unpaid balance will be spread over the life of the adopted assessment. Six percent (6%) interest will not be charged if the entire assessment is paid before November 15tH Payment on or after November 15. 2010: Tree assessments are spread over 5 years. Interest at the rate of six percent (6%) will be charged, calculated from the date of adoption of the assessment until the date of payment. Interest is calculated for 17 months on the first year of the assessment and 12 months thereafter. There is a $1.50 surcharge per year over the 5 year life of the assessment when certified to the property tax. Questions regarding the assessment payment procedure should be directed to Debbie Guiher at 612-861-9710. DEFERRED ASSESSMENTS: Under Minnesota Stat. Secs. 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person who meets certain age or disability restrictions and for whom it would be a hardship to make the payments. The policy and procedure for deferment is set forth in City Resolution No. 9531, which may be obtained from the City Clerk. When deferment of the special assessment has been granted and is terminated for any reason provided in law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of the law and the resolution may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for deferral of this special assessment. HEARING PROCEDURE AND OBJECTIONS: The City Council will conduct a public hearing on the proposed assessment on the date and time listed. Written and oral objections will be considered at the meeting, but the Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon further notice to the affected property owners as the Council deems advisable. The Council may adopt the proposed assessment at the same meeting as the hearing. RIGHT TO APPEAL: You have the right to appeal the City Council's adoption of the assessment. To appeal, you must serve notice of an appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment, and you must also file the notice of appeal with the Hennepin County District Court within ten days after service upon the Mayor or City Clerk. You may not appeal unless you file a written objection, signed byyou, with the City Clerk prior to the hearing on August 9. 2010, or present the written objection to the presiding officer at the hearing on August 9th. Questions? Questions concerning this assessment amount should be directed to Chris Link, Operations Manager Streets/Forestry @ 612-861-9174. AGENDA SECTION: CONSE`N'T AGENDA ITEM # 3F REPORT # 119 J STAFF REPORT CITY COUNCIL MEETING JULY 13, 2010 REPORT PREPARED BY: 7EEF PEARSON, TRANSPORTATION ENGINEER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing the acceptance of the Statewide Health Improvement Program Mini-Grant agreement between the City of Richfield and Minnesota Institute of Public Health. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the acceptance of the Statewide Health Improvement Program (SHIP) Mini-Grant agreement between the City of Richfield and Minnesota Institute of Public Health. IL BACKGROUND The City of Richfield applied for SHIP mini-grant funds to be used for the bicycle master planning effort currently underway. In May 2010, staff was notified that the City was selected as a recipient for the grant. A Grant Contract Agreement was received in June 2010. The total grant awarded is $5,000 to be used in varying amounts for meeting preparation, display materials, mailings, printing, production, and publishing. The grant application submitted by the City focused on increasing the public involvement process during the planning efforts. III. BASIS OF RECOMMENDATION A. ~ POLICY 071310MiniGrantDonation Minnesota Statue 465.03 requires all donations to be accepted by resolution of the council and adopted by two=thirds majority of its members. B. CRITICAL TIMING IssUEs • The Bicycle Master Plan Task Force is currently involved in the planning effort and will be entering public involvement phases shortly. C. FINANCIAL • This donation aids in reducing the expenditure from the general fund for the Bicycle Master Plan process. D. LEGAL • The City Attorney has reviewed the contract and resolution. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • Council may choose not to approve the resolution, which would void the acceptance of the grant. V. ATTACHMENTS • Resolution Grant Contract VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~~ RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO STATEWIDE HEALTH IMPROVEMENT PROGRAM MINI-GRANT AGREEMENT WITH THE MINNESOTA INSTITUTE OF PUBLIC HEALTH FOR $5,000 TO BE USED FOR THE EFFORTS IN CREATING A CITY OF RICHF'iELD BICYCLE MASTER PLAN. WHEREAS, the Public Works Department, has applied for and received a Statewide Health Improvement Program Mini-Grant in the amount of $5,000; and WHEREAS, the City intends to use these funds to aid in the completion of a Bicycle Master Plan; and WHEREAS, Minnesota Statute 465.03 requires every acceptance of a grant or devise of real personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. That the City Council of the City of Richfield hereby authorizes the Mayor and City Manager to enter into the Statewide Health Improvement Program Mini-Grant agreement with the Minnesota institute of Public Health in the amount of $5,000 and authorizes the City #o administer the funds in accordance with grant agreement and terms described by the Minnesota Institute of Public Health. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of July 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~~~_ GRANT CONTRACT THIS AGREEMENT, made this 17`" day of May, 2010, (the "Effective Date"), by and between the Minnesota Institute of Public Health, 2720 Highway 10 NE, Mounds View, MN 55112 ("MIPH") and City of Richfield ("Grantee") is as follows: WITNESSETH: WHEREAS, MIPH is contracted by the Bloomington Public Health Department (BPH) to administer their Statewide Health Improvement Program (SHIP) mini-grant program. WHEREAS, the Grantee wants and is willing to promote policy, systems, and environmental changes to support obesity and/or tobacco use prevention. WHEREAS, the parties hereto desire to enter into a working relationship; and WHEREAS, the parties hereto have agreed as to various matters concerning the organization and operation of such a working relationship, and wish a written memorandum of their agreement; NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto hereby agree as follows: I. TERM AND TERMINATION OF AGREEMENT A. The term of this Agreement shall be from the Effective Date and continuing until terminated as set forth in this Section I, below, or December 31, 2010 (the "Expiration Date"), or until the contracted Services have been completed, or the maximum dollar amount has been reached, whichever occurs first. Notwithstanding the foregoing, this Agreement shall remain in effect with respect to any Schedules then in effect on the date of termination or Expiration Date until the date on which such Schedules are themselves terminated or are otherwise completed. It is also contingent upon, and subject to, a successfully executed and signed contract between MIPH and Bloomington Public Health (BPH) (the "Prime Agreement"). B. Either party shall have the right at any time to terminate this Agreement and/or any Schedule without cause upon fifteen (15) days written notice. In event of such termination, Grantee's sole and exclusive remedy shall be limited to payment (on a pro- rata basis if fixed fee) for Services and Deliverables rendered and expenses properly incurred through the date of termination. C. Either party shall have the right to terminate this Agreement and/or any Schedule(s) immediately in the event of a material breach of this Agreement and/or any Schedule(s) by the other party, which breach remains uncured for a period of ten (10) days after written notice reasonably specifying the nature of the breach is given to the breaching party. D. Upon receiving notice from MIPH to stop work, Grantee shall cease all work under this Agreement. Grantee will not be paid for fees or expenses incurred as of the effective date of any such stop work notice until or unless Grantee is instructed to resume work. Statewide Health Improvement Program (SHIP) mini-grant 2010-2011 Minnesota Institute of Public Health City of Richfield 1 3~'-3 II. DUTIES A. Grantee agrees to provide MIPH with the services specified below, or in one or more engagement schedules (each individually a "Schedule") as are signed from time to time by the parties hereto, which Schedules shall be sequentially numbered and are incorporated into and form a part of this Agreement. Such services are hereinafter referred to as "Services". In the event of any ambiguity or conflict between any of the terms and conditions of this Agreement and the terms and conditions of any Schedule, the terms and conditions of this Agreement shall control, unless the parties expressly provide in such Schedule that a specific provision in this Agreement is amended, in which case this Agreement shall be so amended, but only with respect to such Schedule. Nothing in this Agreement shall be construed as precluding or limiting in any way the right of MIPH to obtain from, or provide to, any person or entity, such products, deliverables, consulting or other services of any kind as MIPH in its sole discretion may deem appropriate from time to time. B . The Grantee shall: ^ Create a Comprehensive Bicycle Master Plan that improves bicycle safety facilities in Richfield. ^ Involve the public in development of the Comprehensive Bicycle Master Plan by sending letters to Richfield residents about the initiative and holding open house meetings. ^ Complete the following Deliverables and submit copies or documentation as appropriate to MIPH: o Documentation of development process of the Master Plan (meeting minutes, list of attendees, etc.). o Five (5) copies of materials used for public involvement mailings. o Five (5) copies of the drafted Master Plan. ^ Fully complete the duties and deliverables as described in Grantee's application for funding (Attachment A). Failure to complete duties or deliverables may result in reduction of reimbursement under this contract. ^ Evaluate the process and outcomes of activities as described in Grantee's application for funding (Attachment A). ^ Share results of evaluation as described in Grantee's application for funding (Attachment A) with MIPH. ^ Submit midterm and final progress reports to MIPH using the MIPH approved reporting form. Reports must be submitted by October 15, 2010 and January 31, 2011. ^ Submit invoices to MIPH using the MIPH approved reporting form. Invoices must be submitted by July 31, 2010; October 15 , 2010; and January 31, 2011. ^ Assist with photo documentation of initiative, including obtaining photo releases from staff and participants. ^ Participate in two site visits with BPH staff in August 2010 and December 2010. ^ Participate in other evaluation activities, i.e., common measure reports, key informant interviews, as requested by MIPH or BPH. Statewide Health Improvement Program (SHIP) mini-grant 2010-2011 Minnesota Institute of Public Health City of Richfield 2 3~'~`~ ^ Collect information on the reach of Grantee's initiative, i.e., how many people were actively engaged in activities; how many people benefited from the policy, systems, and environmental changes relating to physical activity and nutrition. C. MIPH shall: Provide reporting and invoicing forms to Grantee. MIPH may modify or change all forms at its discretion during the grant term. Compensate Grantee promptly for duties satisfactorily performed under this grant contract as described under Consideration and Payment. D. Payment of undisputed fees for Services shall be made thirty (30) days after MIPH's receipt of invoice submitted by Grantee according to the schedule of dates in Section III. III. CONSIDERATION AND PAYMENT MIPH will pay for all services performed satisfactorily by Grantee under this grant contract as follows: ^ The Grantee will be paid an amount not to exceed 5 OOO.OOfor reimbursement of expense items as described in Grantee's application for funding. ^ The total obligation of MIPH for all compensation and reimbursements to the Grantee under this contract will not exceed 5 000.00. Expenses in the invoices submitted must be itemized and must be consistent with the line items included in the Grantee's application for funding (Attachment A). Payments under this grant contract will be made from State funds, obtained by MIPH under contract to the Bloomington Public Health Department. Grantee must provide itemized reporting of expenses. Grantee may reassign up to five percent of any budget line item without MIPH approval. Any change greater than five percent will require prior written approval by MIPH. MIPH will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and MIPH accepts the invoiced services. Invoices must be submitted timely and according to the following schedule. Itemized invoices will be filed in arrears. Invoices must be submitted and received by MIPH by July 15, 2010; October 15, 2010; and January 31, 2011. The Grantee will not receive payment for work found by MIPH to be unsatisfactory, outside the dates of this grant contract, or performed in violation of federal, state, or local law. MIPH will reserve 25 percent of the total grant contract for payment in the final invoice, payable only upon full, satisfactory completion of all grant duties and deliverables. IV. AMENDMENTS Any amendments to this Agreement shall be in writing, signed by the parties. Statewide Health Improvement Program (SHIP) mini-grant 2010-2011 Minnesota Institute of Public Health City of Richfield 3 ~~ J V. INDEPENDENT CONTRACTOR RELATIONSHIP Grantee is an independent contractor, and is not an employee, servant, agent, partner, or joint venturer of MIPH. Neither party to this Agreement will have any authority to bind or represent the other party. MIPH shall identify and request the Services to be performed, but Grantee shall determine the legal means by which all Services are to be accomplished. MIPH is not responsible for withholding, and shall not withhold, FICA or any other employment-related taxes of any kind from any payments made to Grantee. Neither Grantee, its employees, nor any subcontracted personnel shall be entitled to receive any benefits which employees of MIPH are entitled to receive, nor shall Grantee, its employees or subcontracted personnel be entitled to receive from or through MIPH workers' compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing or Social Security on account of Services performed under this Agreement. Grantee is responsible for overseeing and managing the tasks and functions for the Services provided under this Agreement. VI. INDEMNIFICATION To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless MIPH, its trustees, officers, employees and Affiliates from and against all claims, demands, suits, actions, losses, damages, injuries, liabilities, expenses, judgments, liens, encumbrances, orders, fines, penalties and awards, including, without limitation, reasonable attorneys fees, expert witness fees and court costs, (all of which are collectively referred to as "Claims") arising out of any of the following: A. Grantee's performance of Services and provision of the Deliverables, Grantee's failure to perform under this Agreement and/or Grantee's breach of this Agreement. B. Claims relating to bodily injury to or death of any person or damage to real property and/or tangible or intangible personal property, incurred while Grantee is performing Services and to the extent caused by the negligent or willful acts or omissions of Grantee, its Employees, Permitted Subcontractors or agents in the performance of the Services hereunder. C. Claims arising out of any disputes between Grantee and Grantee's employees and/or Permitted Subcontractors, including without limitation, Employee Related Claims. "Employee Related Claims" means any pending, threatened or future action, suit, arbitration, inquiry, proceeding or investigation by or before a court, arbitrator, governmental or other regulatory or administrative agency or commission, whether civil, criminal or other, and whether known or unknown, fixed or contingent, or matured or unmatured at the Effective Date or at any time before or after the Effective Date for any and all Claims, incurred in connection with the Agreement that arise in connection with or relate to any of Grantee's or any of its Permitted Subcontractor's employees or classification of employees, the terms or conditions of such employment, Statewide Health Improvement Program (SHIP) mini-grant 2010-2011 Minnesota Institute of Public Health City of Richfield c~ ~' til any accident, illness, injury or other harm of any nature arising in connection with or relating to such employment, or the termination of such employment. D. Claims that any Services or Deliverables provided by Grantee hereunder infringe upon any existing or future patent right, copyright, trade secret or other Intellectual Property Right. Grantee will defend such Claim at its expense and will pay all costs and damages that may be awarded against MIPH, its trustees, officers, employees and/or Affiliates incurred and resulting therefrom. Grantee will not be obligated to indemnify MIPH hereunder, however, if the claim of infringement is caused by MIPH's modification of such Deliverables. If any such Deliverables are, or in either MIPH's or Grantee's opinion are likely to be, held to constitute an infringing product, Grantee shall promptly at Grantee's option and at Grantee's sole cost and expense either (a) procure the right for MIPH to continue using it, or (b) modify it so that it is non-infringing, provided that such Deliverable as modified must be functionally equivalent and perform and conform in all material respects to the specifications and requirements, or (c) replace it with anon-infringing functionally equivalent that performs and conforms in all material respects to the specifications and requirements. If none of the options in the preceding sentence are reasonably available and/or practical after Grantee has exercised its best efforts to implement said options, Grantee shall refund to MIPH all amounts paid by MIPH to Grantee pertaining to such Deliverables under this Agreement, and Grantee shall remain liable for all other damages and remedies available to MIPH which are expressly reserved. VII. WARRANTIES Grantee warrants that (a) Grantee, its Employees and Permitted Subcontractors, if any, shall have and maintain the requisite technical knowledge, skills, abilities, licenses and qualifications to provide the Services and Deliverables, (b) Grantee shall comply with all applicable local, state and federal ordinances, laws and regulations in providing the Services and Deliverables, (c) all Services to be performed hereunder will be performed in good faith and in a good, professional, workmanlike, competent and timely manner, in conformity with all applicable standards and the requirements of this Agreement and the respective Schedules, and (d) Grantee's performance of Services does not and will not violate the terms and conditions of any other contract or obligation of Grantee. VIII. INSURANCE In addition to any other insurance requirements set forth in this Agreement, Grantee shall maintain (and cause its Permitted Subcontractors, if any, to maintain) the following insurance coverage's in full force and effect throughout the term of this Agreement: A. Workers' Compensation Insurance, as may be from time to time required under applicable federal laws and the laws of the state(s) or country in which the Services are performed; B. Employer's Liability Insurance, with limits of not less than $500,000 each accident, $500,000 disease -policy limit, and $500,000 disease -each employee; Statewide Health Improvement Program (SHIP) mini-grant 2010-2011 Minnesota Institute of Public Health City of Richfield ~~-~ C. Commercial General Liability Insurance (including contractual liability to cover the indemnity provisions set forth in this Agreement) with limits of not less than $3,000,000 general aggregate and $1,000,000 each occurrence (including personal and advertising injury); D. Automobile Liability Insurance (including owned, non-owned and hired) with limits of not less than One Million Dollars ($1,000,000) combined single limit. The foregoing insurance coverage shall contain a provision whereby the insurer agrees to give MIPH thirty (30) days' written notice before the insurance is canceled or altered in such a way that it no longer satisfies the requirements set forth in this Section. The foregoing insurance coverages (except for the Workers' Compensation Insurance coverage) shall be written on an occurrence basis and shall name MIPH as an additional named insured. Grantee shall furnish current certificates evidencing that the foregoing insurance is being maintained by Grantee. Delivery of a certificate to MIPH which is not in full compliance with this Agreement shall not be deemed a waiver of the Grantee's obligations. IX. GOVERNING LAW The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the State of Minnesota and, to the extent applicable, the laws of the United States of America. This Agreement is deemed to be executed in Minnesota and the parties hereby consent to the jurisdiction of the State and Federal Courts located in Minnesota for such disputes. All litigation arising out of this Agreement must be brought in Courts located in Hennepin County, Minnesota. X. AUTHORIZED REPRESENTATIVE MIPH's Authorized Representative is Sheila Nesbitt Grant Consultant. 2720 Highway 10 NE Mounds View, MN 55112, 763-427-5310 x128, snesbitt@miph.or~, or her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, MIPH's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Jeff Pearson Transportation Engineer, City of Richfield 6700 Portland Avenue South Richfield, MN 55423, 612-861-9791, jpearson@cityofrichfield.or~. If the Grantee's Authorized Representative changes at any time during this contract, the Grantee must immediately notify MIPH. XI. FORCE MAJEURE Neither party shall be liable for the non-performance of its obligations under this Agreement for a maximum period of sixty (60) days if such non-performance is caused by acts of civil or military authority, civil disturbance, war, terrorism, explosions, fires, earthquakes, floods or other acts of God ("Force Majeure Event"). The party so Statewide Health Improvement Program (SHIP) mini-grant 2010-2011 Minnesota Institute of Public Health City of Richfield 6 3~-8 affected shall give notice to the other party and shall do everything reasonably possible to resume performance. If the period of non-performance exceeds sixty (60) days from the receipt of notice of the Force Majeure Event, the party whose ability to perform has not been so affected may terminate the Agreement and/or any applicable Schedule(s) upon written notice. XII. ASSIGNMENT Grantee shall neither assign nor transfer any rights or obligations under this Agreement without the prior written consent of MIPH. Any attempted assignment in contravention of this Section shall be null and void. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. City of Richfield Date: Signed: The Grantee certifies that the Print Name: appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable Title: articles, bylaws, resolutions, or ordinances. Date: ~ ~ ' Minnesota I~n/stitute of Puyb~~lic Health Signed: ~~f~i~ ~(/`.~(/I3~~~'~~'? 1 / Print Name: ~~!?Q_,!-:~~ ~ L.t ~'?~ ~~ Title: U~~~~~ ~~v?.~!Q?,~ ~~1 Statewide Health Improvement Program (SHIP) mini-grant 2010-2011 Minnesota Institute of Public Health City of Richfield ~~~~ BER SHIP MINI-GRANT APPLICAT~~N 2010 Organisation Name City of Richfield Address, City, State, Zip 6700 ['ttrtland aven--e, Richfield, N1N, 55=tZ3 Contact Name ~'~ Email Jeff Pearson I J,pearson~cit~~ofi-ichfield.org - Phone Number 612,861.9791 Please mark which area your proposal is focused j Propnsal Area - - - - Communities X Schools Warksites Healthcare LocatiUn of Initiative hark all that a 1 Bloomington Edina Richfield X Be sure your completed proposal includes: • A narrative with a page limit of 3 pages with 12 point font, 1 inch margins, single-spaced • Completed budget form • Organization information (boxes above fiIled in and submitted with your narrative and budget} The narrative needs to address items 1-5 in the checklist below 1, Initiative Summary a) Provide detailed description of your initiative including clear goals b} Describe how your initiative`s goals} align with the proposal areas in the mini-grant guidelines 2. Policy, Systems and Environmental [PSE) Change a) Describe what PSE changes will occur or that are supported as a result of your initiative 3. Need a) Describe the need in your organization or community for this initiative (identify data sources) and how your initiative will impact the need b) Describe the population that will be impacted by your initiative 4. Action Plan a) Describe the specific actions you will take to achieve initiative b} Outline the timeline for the actions you plan to take 5. Evaluation a) Describe specific outcomes you plan to achieve with your initiative b) Describe liow you will measure your outcomes 6. Budget (see other side of this form) TT,itr.Jr : ~,t~rs. • Eil::~t1fYJ::TlN Nt.~c-; Hf~.ITH i~~_~+~(()~ ' z ~ CITY OF liL' ~ B-.aou--n-c~ro-v i~_-.~~Jt~l 4:'CL'Sy+it!':: IVJ4= . rr ~ ~ MINNESOTA i t:;>v[r.Gt:aa.'r'V.,',d~l ~~ 1® Please fill out the budget form beloti~. Budget Form Expense Item- ~ 'i Re~{uest Tatal ~~ In-Kind total 'Brief explanation of use of funds (limit to 1 please describe i Para raph) item -- - - Salary ,~n~l Prink Staff Time for Meetings 0 $2550 Staff Time for Meeting Preparations $500 $5500 Funds will be used for the preparation work required for the monthly Task Force meetings. Staff time will largely be covered in-Kind. Supplies/Materials Misc. display Boards and Materials $275 Funds will be used for the creation of display boards and presentation materials in order to hold effective and informative public meetings. Phone/Postage Public Involvement Mailings $3000 Funds would be used for postage of one city-wide mailing and two localized mailings. Mailings would be postcard style to reduce cost. Print/copy Mise. Printing $404 Funds will be used €ar the printing of materials for Task Force meetin s, open house meetin s, and Final Plan Production $625 Funds will be used for the hard copy production of the draft and final plans. Contract services Mileage {$4.5Q)/mile:: Other.(specify) Newspaper Publishing $200 Funds will be used for the placement of meeting notices in the Richfield Sun Current newspaper. Total Total Amount re uested . Total''In-Kind Contributive, _ $13050.40 $5000.40 $8050.04 a~~~.ll'Srl GT1I~' f ~~TYO: fii::~~~[r~::r.:~ta N~.;i ; HF~.in•~ s..<.•.•~_: ,~~:... ~r„r. ~-,,.,,,:;.. BL04Mf1NGTON Iy_l~'J.~i t'uSy~t~ta•::lux_ ~ ~ ..., ti ~ rr. .,r Aa~r~r~flsosa ~ c:>>tr.c;i::r€.'•:'4.:•'~d:~i ,~1-~-1 I Proposal for Support of the Richfield Bicycle Master Plan Task Force Initiative Summary The City of Richfield Engineering Department, on behalf of the Richfield Transportation Commission, is requesting a grant in the amount of $5000A0 to help facilitate the development of a Carnprehensive Bicycle Master Plan, In December 2009, the Richfield Transportation Commission voted to create a task force in order to create a comprehensive bicycle plan for the city. The plan would be consistezrt with similar efforts put forth by Richfield's neighboring cities of Minneapolis, Edina, and Bloomington. The main goal of this plan is to make it safer and easier for residents of all ages to bike within Richfield and to connect to neighboring communities. Many residents have expressed the desire to reach lcey destinations within the city such as schools, parks, and shops but stated that they do not feel comfortable doing this due to a lack of safe bicycle facilities, This plan will create a blueprint for staff to use in implementing a bicycle network that will encourage safe bicycle use in Richfield. Additionally, the plan would address ways for residents and workers within the city to have easier access to mass transit for commuting and other daily activities. Richfield is currently served by an outstanding network of bus routes. However, existing and potential users would benefit from improvements to connecting transportation mode networks. Thoughtful additions to the bicycle facilities in Richfield as well as adding secure bike parking options at transit connecting points will contribute to those improvements and the Bicycle Master Plan will concentrate on these issues. Folicy. Systems and Environmental Change The Comprehensive Bicycle Master Plan will be a product of the Richfield Transportation Commission, to be presented to the Richfield City Council for approval and adoption. This plan would then be used to implement key changes in policy and infrastructure to support biking in the City. Changes would occur in both the short-term and long-term as funding becomes available. iVeed If a person were to look at the Hennepin County Bicycle Map and focus on the Richfield area, they would find there are no identified routes within the Ciry. Indeed, the City has three independent sections of on-street bike routes. Unfortunately the longest of which is approximately three blocks long with no connections to each other, key destinations or neighboring city networks. When the Transportation Commission instructed staff to advertise for applications to the task Force, the response was very surprising. Staff received over 25 applications in fewer than two months of time with limited advertisement or exposure. Those responding wrote of their frustrations with the lack of bicycle facilities in the city. Some wrote of having to load their bike onto their car and drive out of the City to go on a recreational ride. Others expressed a fear of allowing their children to bike to school due to unsafe routes and infrastructure. It became quite obvious to staff that all residents in Richfield can benefit from this plan if it is created in a thoughtful, comprehensive manner and provides opportunity far public involvement. 11 I3^~TF 3 4t 1 1"R ~~~~~1 •~-- ~=~1~~ ~ cirr oc (•il ~:E"~t11tJ :7~~u F'~.i3 i HF33TH ii _ d _-.,:..y, ~~,i ~'(. tfLOOM1NGTfl1V I'~_U't,~'~I l's1Sy~u:t'::IN14: < ., S,, raiwHesorn i C:7rit.C;i:; W. '•: V.s',d:l1 ~~-~ Z. Action Plan With support from the City Council, the Transportation Commission leas approved the Taslc Force membership and monthly meetings will begin in April. The Task Farce contains representation from many of the City Advisory Commissions such as Transportation, Community Services, Planning, and Advisory Board of Health. Members will meet on a monthly basis to provide input, discussion and strategy to formulate the plan. As part of the goal to create a truly comprehensive and inclusive plan, it is desired to include public involvement in the process. To complete this action, letters would need to be printed and mailed city-wide. Open house meetings would then beheld to share the thoughts and direction of the Task Force and gather reaction and input from the general public. The intent of the Transportation Commission is to have a draft plan completed by the end of 2010. A review and comment period would follow and the final plan would be sent to the City Council for approval in early 2011. Evaluation The desired outcome for the task force planning process is to create a comprehensive, balanced and practical Bicycle Master Plan that can be used to enhance the safety and infrastructure of the bike network and bilte Facilities within Richfield. In the short-term, results can be measured by public response to the plan as well as the overall adoptability of the plan by the City Council. In the long-term, surveys and bike counts will be performed to assess the change in ridership within the City and verify that those riders find biking safer and easier in Richfield, ~i Ih~f 2 t,i"E'A ' ~~ ~- ~ cirros ~'ii.^.~'~G1ItJ:TsIN {~I,i~ i ~F41Tii ~IIY i•~_l'lhl 4:u: Sy~i,~'t•__ itv~: k~.:«/ti:. &~.ft~b• a-. C/a.A ,S:'.' rv :qa :~_ LT ~.~.~~'~~~i~~~ ... .... ,~ ., ~; IC'.~., J ~ MIf373f5Q4A ~ {:: ~': If.{ii ::N. '^'r~.i'la.~~ AGENDA SECTION: CONSENT AGENDA ITEM # 3G REPORT # 12~ ~~- STAFF REPORT CITY COUNCIL MEETING JULY 13, 2010 REPORT PREPARED BY: BRAD SVEUM -FIRE SERVICES DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR 1~7~ REVIEW: u SIGNATU REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing approval of the 2010 Minnesota Laws, Chapter 207, relating to authority to impose limited response time residency requirement for firefighters. I. RECOMMENDED ACTION: By Motion: Resolution authorizing approval of 2010 Minnesota Laws, Chapter 207, relating to authority to impose limited response time residency reauiremenf for firefiahters.~ III. BACKGROUND ~ The Richfield Fire Department has historically relied on its off-duty Firefighters to respond quickly back to a fire station when the on-duty firefighters have several simultaneous emergencies occurring or a large event overwhelms the department. In the mid 1980's Minnesota Statutes 415.16 and 473F.02 were enacted prohibiting cities in the 7 county metro area from imposing residency requirements on full time firefighters. Over the years, through attrition, the number of firefighters living close and being able to return to work quickly has diminished significantly. Recognizing this trend Richfield Fire Department staff along with the city's firefighters union was able to get special legislation, pertaining only to the City of Richfield, passed in 2010 Minnesota State Legislative session allowing the City of Richfield to impose residency response time requirements for firefighters hired after April 1, 2010. The law provides that the city may not establish a residency response time requirement of less than 10 minutes and that a firefighter must live within that area for the first 10 years of their employment. It is staff's intent to establish a 10 minute residency response time requirement from either fire station for new Firefighters hired after July 13, 2010. The current law provides for it to be re-visited and re-approved by-the legislature in 7 years. This was added to allow it to be evaluated for effectiveness. III. BASIS OF RECOMMENDATION A. POLICY • 2010 Minnesota Laws, Chapter 207, allows the City of Richfield to establish a residency response time requirement for new firefighters. • Staff will administer the policy for new firefighters. B. CRITICAL TIMING ISSUES • The US Department of Homeland Security recently awarded a grant to the City of Richfield to hire two new firefighters. These new personnel will be hired under the condition of adhering to this residency requirement. C. FINANCIAL • There is no financial cost associated with approving this residency requirement law. • Having Firefighters live close to a fire station will provide for increased efficiency of Fire. Department operations. D. LEGAL • Special legislation needs to be approved by resolution of the City Council. • The Richfield Fire Department Civil Service Commission may impose a residency response time requirement only if the City Council authorizes one. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION~S~ • None V. ATTACHMENTS Kesolution Copy of Minnesota Laws, Chapter 207 VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 0713residency ~~~~ RESOLUTION NO. RESOLUTION AUTHORIZING APPROVING 2010 MINNESOTA LAWS, CH. 207, RELATING TO AUTHORITY TO IMPOSE LIMITED RESPONSE TIME RESIDENCY. REQUIREMENT FOR FIREFIGHTERS WHEREAS, the City of Richfield City Council desires that off-duty firefighters be able to respond in a timely manner; and WHEREAS, the 2010 Minnesota State Legislature passed special legislation enabling the.City of Richfield to establish response time residency requirement for firefighters hired after the effective date of the legislation; and WHEREAS, Minnesota State Statute 420.06 allows the Richfield Fire Civil Service Commission to establish a response time residency requirement for firefighters only upon the approval Richfield City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Hennepin County, Minnesota (the "City") as follows: It is hereby determined that: (a) 2010 Minnesota Laws, Chapter 207 (the "Special Law") authorized the City of Richfield to impose a response time residency requirement upon firefighters under specified conditions: (b) The City Council has determined that it is in the best interest of the City and its residents to approve the Special Law. 2. The Special Law is hereby approved in all respects. 3. The City Clerk is authorized and directed to file with the Secretary of State a certified copy of this resolution along with the appropriate certificate in the form prescribed by the state attorney general. 4. City staff are .authorized and directed to take all actions necessary to implement the Special Law. 2010. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of July, Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 0713residency Chapter 207 -Revisor of Statutes ~~~~ Minnesota Session Laws Page I of 1 Search Key: (1) (2) new Ianauage ~rox o, Regular Session This document represents the act as presented to the governor. The version passed by fihe legislature is the final engrossment. it does not represent the official 2414 session law, which will be available here summer 2414. CHAPTER 207--H.F.No. 2729 An act relating to Local government; permitting certain metropolitan area local governments to impose response time residency requirements upon firefighters. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. RICHFIELD FIREFIGHTERSiLIMITED RESPONSE TIME RESIDENCY REQUIREMENT. fa) Notwithstanding,Minnesota Statutes, section 415.16, subdivision 2, the city of Richfield may impose a response time residency requirement upon firefi htg ers under the following conditions: jl) the residency requirement ma ny of requi}~e a response time that is less than ten minutes• 12 the residency requirement must only apply to firefighters hired after the effective date of the residency requirement; and (3) the residency requirement must only apply during_the first ten ey ars of employment or until this section expires, whichever is earlier. fib) This section expires seven years from the effective date. EFFECTIVE DATE.This section is effective the day following final- enactment. hops://www.revisor.mn,gov/laws/?id=207&year=20108~type=0 6/30/2010 AGENDA SECTION: CONSENT AGENDA ITEM # 3H REPORT # 191 ~~ STAFF REPORT CITY COUNCIL MEETING .TULY 13, 2010 REPORT PREPARED BY: BRAD SVEUM -FIRE SERVICES DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~~Gtieu~ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution accepting a grant of $48,600 from the US Department of Homeland Security Assistance to Firefighters Grant Program (EMW-2009-FO-08351) to the Richfield Fire Department. I. RECOMMENDED ACTION: By Motion: Approve the resolution accepting the grant of $48,600 from the US Department of Homeland Security Assistance to Firefighters Grant Program (EMW-2009-FO-08351) to the Richfield Fire Department. III. BACKGROUND ~ Since 2000 the US Department of Homeland Security has made available, through a competitive grant process, funding for the nations fire departments for equipment. This grant program is the Assistance to Firefighters Grant (AFG). The Richfield Fire Department submitted a request for funding through the DHS Assistance to Firefighters Grant program to: 1. Replace a non National Fire Protection Association (NFPA) complian washer and dryer for firefighter structural firefighting clothing. There are specific washing requirements to remove carcinogenic materials the clothing absorbs during structural firefighting operations. 2. Upgrade a Self Contained Breathing Apparatus (SCBA) air compressor and purchase an air tank containment vessel to be in compliance with OSHA safety regulations for refilling SCBA air tanks. 0713AFG The Fire Department has been desiring to purchase this type of equipment for several years but budget constraints has prevented the purchase. III. BASIS OF RECOMMENDATION A. POLICY • Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property of more than two-thirds majority of the City Council • Administrative Services Department issued a memo on November 9, 2004 requiring that all grants and restricted donations to departments be received by resolution and by more than two-thirds majority of the City Council in accordance with Minnesota Statute 465.03. B. CRITICAL TIMING ISSUES • The current Firefighter turnout gear washer and dryer do not meet NFPA standard for care and cleaning of firefighter gear. • The air bottle filling containment vessel will put us in full compliance with OSHA. • Anew air compressor will allow us to refill more air bottles, more rapidly, aiding in meeting our SCBA air management standards. C. FINANCIAL • Assistance to Firefighters Grants require a 10% percent match of the total amount of the project by the City of Richfield. This amount is $5,400.00. • The Fire Department has funds budgeted in the miscellaneous equipment line item of the department's general fund operating budget for the $5,400 grant match. D. LEGAL • Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property of more than two-thirds majority of the City Council. E. ENVIRONMENTAL CONSIDERATIONS • None. IV. ALTERNATIVE RECOMMENDATION(S~ • None. V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. ,~,~- ~ RESOLUTION NO. RESOLUTION AUTHORIZING ACCEPTANCE OF US DEPARTMENT OF HOMELAND SECURITY ASSISTANCE TO FIREFIGHTERS GRANT, RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS PRESCRIBED BY THE DONORS WHEREAS, Minnesota Statute 465.03 reads in part as follows: Any city, school district or town may accept a grant or devise of real or personal property and maintain such property for the benefit of its citizens is accordance with the terms prescribed by the donor. Nothing herein shall authorize such acceptance or use for religious or sectarian purposes. Every acceptance shall be by resolution of the council adopted by two-thirds majority of its members, expressing such terms in full, and WHEREAS, the City of Richfield has been awarded the grant as described below, Assistance to Firefighters Grant from the US Department of Homeland Security for the amount of $48,600 to be used for the purpose of purchasing a commercial grade washer and dryer for turnout gear, a larger capacity air compressor and a breathing apparatus filling containment cabinet and related accessories. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That the City Council of the City of Richfield hereby accepts the US Department of Homeland Security, Assistance to Firefighters Grant ((EMW-2009-FO-08351) for the year 2010 and authorizes the City to administer the funds in accordance with the grant agreements and terms prescribed by the donors. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of July, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 3I REPORT # 122 STAFF REPORT CITY COUNCIL MEETING JULY 13, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: NANCY GIBBS, CITY CLERK ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution authorizing the use of ES&S Central Counter Model 650 -for the tabulation of all absentee ballots. I. RECOMMENDED ACTION: By Motion: Adopt the resolution approving the Absentee Ballot Countin Equipment for the State Prima and General Elections. II. BACKGROUND The State Primary Election is on Tuesday August 10, 2010 and the State General Election is on Tuesday November 2, 2010. Because Richfield has a slightly higher then average number of absentee voters in these elections, Hennepin County has recommended that Richfield use the ES&S Central Counter Model 650 absentee ballot counter to count our absentee ballots on election evening. The County has purchased the two machines at no cost to the City. Two election judges of different political parties will transport and deliver the absentee ballots to the counting site at approximately 4:00 p.m. on Election Day; this will ensure that results can be combined with Election Day voting totals that are being calculated at 8:00 p.m. from the in person voting at the precincts. The judges will remain at the central counting site during the processing of the absentee counting and return to City Hall with the absentee results prior to 8:00 p.m. At that time, the totals will be combined with the precinct totals that the judges will have telephoned into City Hall when the precinct polls have closed. ELECTION EQUIPMENT NAME, TITLE III. BASIS OF RECOMMENDATION • Election staff has determined that the M650 Central Counter will be more,cost effective and will increase efficiency counting absentee ballots. A. POLICY • N/A B. CRITICAL TIMING ISSUES • State Statute 206.58 subd. 3; requires the use of the ES&S Central Counter-Model 650 be approved by the City Council before August 10, 2010 State Primary Election. C. FINANCIAL • There is no cost to the City to purchase this equipment. D. LEGAL • Minnesota State Statute 206.58 subd.3 requires that the municipality give approval before a new ballot counting system can be used in the municipality. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Do not approve the resolution and have election judges process absentee ballots at Richfield City Hall on election night. This could result in a delay of reporting election results. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~~ RESOLUTION NO. RESOLUTION APPROVING ABSENTEE COUNTING EQUIPMENT, ES&S CENTRAL COUNTER MODEL 650 TO BE USED AT THE STATE PRIMARY AND STATE GENERAL ELECTIONS WHEREAS, pursuant to MN Statute 206.58 subd.3; the City of Richfield authorizes the use of the ES&S Central Counter Model 650 for the tabulation of all absentee ballots. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, authorizing the use of the ES&S Central Counter Model 650 for the tabulation of all absentee ballots. PASSED by the City Council of the City of Richfield, Minnesota this 13th day of July 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 3J REPORT # 123 STAFF REPORT CITY COUNCIL MEETING JULY 13, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NatirE, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration and approval of an amendment to the 2010 Emergency Preparedness contract with the City of Bloomington for outreach and training coordination with grant funds received related to CERT (Communit Emergenc Response Team). I. RECOMMENDED ACTION: By Motion: Approve the attached amendment to the 2010 Emergency Preparedness contract with the City of Bloomington for outreach and training coordination with grant funds received related to CERT (Community Emergencv Response Team). II. BACKGROUND The cities of Bloomington and Richfield each applied for and previously received grant funding for the Community Emergency Response Team which was approved by the City Council at an earlier date and time. This is an amendment to Richfield's Public Health Emergency Preparedness contract, with the City of Bloomington, in that Richfield and Bloomington have made a decision to share grant fund resources for all outreach and training coordination as it relates to CERT. This allows the two cities to better utilize grant funds in a more effective and cost savings way. The City of Bloomington will develop marketing materials for CERT, disseminate marketing materials to targeted groups such as Neighborhood Watch Block 0713 Amendment to 2010 Emergency Preparedness Contract for CERT Grant Funds Captains, coordinate a training session and provide registration and facilitate the acquisition of the CERT team kits and is being presented for Council approval at this time.. The contract allows for the City of Richfield to pay the City of Bloomington $3,000 for these services. III. BASIS OF RECOMMENDATION A. POLICY • The cities of Richfield and Bloomington have a long standing relationship in partnering on projects as a way to stretch grant fund dollars available and be more cost effective. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • This is a small portion of the total grant funds received by the City of Richfield to be used specifically for outreach and training coordination. The remainder of the grant funds will be kept by Richfield and used in various other ways, meeting grant requirements. D. LEGAL • The City Attorney has reviewed this document and has approved of its contents. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council could decide not to approve this amendment to the 2010 Public Health Emergency Preparedness contract with the City of Bloomington which would result in Richfield needing to utilize more grant dollars for the same work to be done in order to cover the additional staff time that will be necessary to complete the services which could otherwise be contracted for. V. ATTACHMENTS • An amendment between the City of Bloomington and the City of Richfield for Public Health Preparedness and Response to Bioterrorism support as it relates to outreach and training coordination related to CERT (Community Emergency Response Team). VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~~-I AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND RICHFIELD FOR COMMUNITY EMERGENCY RESPONSE TEAM PROGRAM THIS AGREEMENT, is made and entered into this day of , by and between the City of Bloomington, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ("Bloomington"), and the City of Richfield, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ("Richfield"). WITNESSETH: WHEREAS, Bloomington warrants and represents that its Division of Public Health is a duly certified public health agency operating in accordance with all applicable federal and state requirements; and WHEREAS, Bloomington's Division of Public Health provides public health emergency preparedness services to respond to bioterror-ism, infectious diseases, and other threats to public health; and WHEREAS, Richfield wishes to promote, support, and maintain the health of its residents by providing services related to Community Emergency~Response Teams (CERT). NOW, THEREFORE, the parties hereto, and for consideration of the covenants hereinafter set forth, agree as follows: A. Term. The term of this Agreement shall be from January 1, 2010 through March 31, 2011 provided that either party may terminate the same by sixty (60) days' written notice to the other. B. Bloomington, through its Division of Public Health, agrees to provide Richfield with the following services related to CERT: 1. Program Coordinator services that will include: a. Develop marketing materials for CERT. b. Disseminate marketing materials to targeted groups. c. Schedule and conduct CERT presentations to targeted groups. d. Schedule CERT trainers. e. Identify and reserve training room locations. f. Coordinate CERT core program training sessions and refresher training sessions and provide registration. g. Coordinate CERT refresher training sessions and provide registration. h. Generate list of interested and trained Richfield CERT members. This contract covers training and program coordination services only. The application approval; activation and utilization of Richfield CERT members will be the sole responsibility of the City of Richfield. `.l C. Payment. Richfield. agrees to pay Bloomington $3,000 for the provision of services related to the Community Emergency Response Team program on terms as follows: Bloomington shall bill Richfield for CERT services and duties. Payment shall be made within fifteen (15) days of receipt by Richfield of Bloomington's invoice. 2. In the event Richfield desires to inspect the financial books and records of Bloomington related to the providing of CERT services and duties by Bloomington, Bloomington shall make its financial books records available at the BloomingtorrCity Hall for inspection and copying by Richfield, or any agent, employee or representative of Richfield, at reasonable business hours. D. It shall be the sole responsibility of Bloomington to determine the qualifications, functions, training, and performance standards for all Bloomington personnel who render CERT services under this Agreement; provided, however, that Bloomington agrees that all such personnel shall be capable, trained professionals. E. Bloomington's Division of Public Health will communicate with Richfield relative to CERT services to be performed hereunder by Bloomington, such communication to be in the form of reports, conferences, or consultations, as Richfield requests. F. Both parties shall maintain comprehensive general liability insurance in the following amounts during the term of this Agreement: 1. Bodily injury in the amount of at least $1,500,000 per individual and $1,500,000 per occurrence for injuries or death arising out of each occurrence. 2. Property damage liability in the amount of $1,500,000 for each occurrence. 3. As an alternative, both parties may carry an aggregate general liability coverage of at least $2,000,000. G. MISCELLANEOUS PROVISIONS The parties agree to comply with the following laws and regulations: ADA. Richfield agrees to comply with the Americans with Disabilities Act of 1990 (ADA) and agrees to hold harmless and indemnify the City of Bloomington from costs, including by not limited to damages, attorney's fees and staff time, in any action pr proceeding brought by third parties alleging a violation of ADA by Richfield. Bloomington agrees to hold harmless and indemnify Richfield from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought by third parties alleging a violation of ADA by Bloomington. The City of Bloomington ~~-~ does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Bloomington has designated coordinators to facilitate compliance with the Americans with Disabilities Act of 1990, as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. For information contact the Human Services Division, City of Bloomington, 1800 West Otd Shakopee Road, Bloomington, Minnesota 55431; telephone (952) 563-8700; TTY: (952) 563-8740. 2. Human Rights. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota Statutes, Section 363A. H. Non-Assignment. The parties agree this Agreement shall not be assignable except at the written consent of both parties. Scope of Agreement. This Agreement represents the entire Agreement between Richfield and Bloomington and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. Data Practices. Each party will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. K. Indemnification. Richfield shall defend, indemnify, and hold harmless Bloomington, its officials, employees, volunteers and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from Richfield's (including its ofi•icials, employees, volunteers or agents) performance of the duties required under this Agreement. 2. Bloomington shall defend, indemnify, and hold harmless Richfield, its officials, employees, volunteers and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from Bloomington's (including its officials, employees, volunteers or agents) performance of the duties required under this Agreement. 3. Liability for Richfield and Bloomington shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. Nothing in this Section is intended or shall operate as a waiver of any defenses or ~~ limitations on liability available under the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. The provisions of this Section are not intended for the benefit of any third party. L. Mediation. The parties agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1536 Hewitt Avenue, St. Paul, Minnesota 55104. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. (Remainder of page left intentionally blank.) IN WITNESS WHEREOF, the parties have hereunto set their hands on the dates written below. CITY OF BLOOMINGTON: Dated: By: Its Mayor Dated: By: Its City Manager Reviewed and approved by the City Attorney. City Attorney CITY OF RICHFIELD: Dated: By: Dated: By: Its Mayor Its City Manager AGENDA SECTION: RESOLIITION AGENDA ITEM # rj REPORT # 124 STAFF REPORT CITY COUNCIL MEETING JULY 13, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: d REVIEWED BY CITY MANAGER: PAM DMYTRENKO, ASSISTANT TO THE CITY MANAGER NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the contract with International Association of Firefighters Local 1215 for the contract period January 1, 2010 through December 31, 2010. I. RECOMMENDED ACTION: By Motion: Adopt the resolution approving the provisions of the 2010 labor agreement with the International Association of Firefighters Local 1215 bargaining unit and authorize the City Manager to execute the aareement. II. BACKGROUND City staff has completed labor negotiations with the International Association of Firefighters Local 1215 (Union). The provisions of the contract agreement for 2010 cover all the employees in this Union. There are currently twenty-two employees represented in this unit. During the course of negotiations, City staff made the Union aware of the severe financial constraints the City is facing in 2010 and beyond, and sought a zero percent wage adjustment for the entire contract year, to which the Union has agreed. Upon ratification of this contract, all of the City's five bargaining units, as well as General Services and Management employees, will not have received a wage adjustment for 2010. 0713Firefighter contract The tentatively approved one year contract settlement includes the following significant changes: Wages A zero percent wage increase for contract year 2010 (eligible employees will still receive a step increase). Health Insurance A $75 increase to the Employer health insurance contribution which provides full coverage at the High Option plan for single Employee at $666.76 per month, $855 per month for Employee plus spouse or Employee plus child(ren) coverage and $905 per month for Employee plus family coverage. For Employees who select the single tier $2500 High Deductible Health Plan option, the Employer will contribute a maximum of $227 per month into the Employee's Health Savings Ptan: A $3 increase to the Employer contribution for Employee single dental insurance coverage, from $34 per month to $37 per month. An increase to the Employer-provided basic term life and accidental death and dismemberment insurance policy from $25,000 to $35,000. Clothing Allowance A $25 increase to the annual clothing allowance, from $520 to $545. Vacation Leave Effective December 31, 2010, an additional day of vacation for employees with 30 years or more of service to the City. Limited Response Time Residency Requirement A new article to the contract that acknowledges the recently adopted legislation (2010 Minnesota Laws, Chapter 207) sought by the City to impose a response time residency requirement for any newly hired firefighters. III. BASIS OF RECOMMENDATION A. POLICY • The City has met and negotiated in good faith with the Union and its representatives and is bound under the Public Employer's Labor Relations Act to meet and bargain over the terms and conditions of employment. • The proposed settlement for the health, dental and life insurance provisions is identical to those provided to non-union City employees and with the City's other four bargaining units. The City has a long history of providing the same level of insurance benefits to all eligible City employees. • The zero percent wage increase represents the same zero percent wage adjustment implemented for non-union City employees and for the cities other four bargaining units. This is the last contract settlement to be negotiated for 2010. • The zero percent wage adjustment and health insurance increase is comparable to other bargaining groups in similar metro cities. A survey of Stanton 5 cities indicates that a majority of those cities are not providing wage increases for 2010 or they are re-opening previously settled contracts to renegotiate wage terms. The City has a long history of trying to remain as close to the mid-range as possible with Stanton 5 cities, in terms of wages and benefits. B. CRITICAL TIMING ISSUES • In order to allow the City's accounting personnel to modify payroll records in a timely manner for 2010 wages and benefits, it is recommended that the City Council act on July 13, 2010 to adopt the attached resolution providing for contract changes, effective January 1, 2010. C. FINANCIAL • No general wage increase for contract year 2010. • A maximum $75 increase in Employer monthly contribution towards health insurance coverage for 2010. • A $3 per month increase in Employer monthly contribution towards employee single dental insurance in 2010. • An increase in the Employer-provided basic life and accidental death and dismemberment insurance policy from $25,000 to $35,000. The City has not increased the value of this policy in over ten years. As a member of the Local Government Information Systems group (LOGIS), the~City joined the switch in life insurance providers to The Hartford, effective January 1, 2010. The Hartford's lower rates allow the City to increase Employer-provided life insurance benefits at no additional cost. • A $25 increase to the clothing allowance for 2010. • An additional day of vacation for employees with 30 years or more of service. With the current personnel in this Union, only one member is currently eligible for this benefit. D. LEGAL • If the terms of this agreement are not approved, further negotiation and/or mediation will be necessary. E. ENVIRONMENTAL CONSIDERATIONS • NA IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the terms of this agreement and prepare for further negotiation and/or mediation. • Defer discussion to another date. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~~} RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 1215 BARGAINING UNIT FOR THE YEAR 2010 WHEREAS, the City Manager and the Richfield Firefighters IAFF Local 1215 have reached an understanding concerning conditions of employment for year 2010; and WHEREAS, it would be inappropriate to penalize IAFF Local 1215 members who have negotiated in good faith; and WHEREAS, the City Ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be completed by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City of Richfield and IAFF Local 1215 Bargaining Unit for year 2010 under the provisions of the Labor Agreement to be implemented, effective January 1, 2010, and authorize the City Manager to execute the contract. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of July, 2010. Debbie Goettel Mayor ATTEST: Nancy Gibbs City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING JULY 13, 2010 OTHER BIISINESS 6 125 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: JEFF PEARSON, TRANSPORTATION ENGINEER NAME, T/TLE SIGNATURE ITEM FOR COUNCIL CONSIDERATION: ', Consideration of the Transportation Commission's recommendation to approve plans for the Portland Avenue Pilot Project, including the conversion of Portland Avenue from 4-to-3 lanes '~, between 68t" Street and 76t" Street. I. RECOMMENDED ACTION: By Motion: Consider the Transportation Commission's recommendation to approve Hennepin County restriping plans for the conversion of Portland Avenue from 4-lanes to 3-lanes between 68t" Street and 76t" Street as a one-year Pilot Project to be evaluated in 2011. II. BACKGROUND Hennepin County will be performing a mill & overlay operation on Portland Avenue in August 2010. Portland Avenue is categorized as a Minor Arterial with existing traffic volumes averaging 12,300 vehicles per day during the week and 8,000 vehicles per day on the weekend. Proposed Pilot Proiect Consistent with the 2009 Arterial Road Study, County and City staffs discussed the possibility of striping the new road surface in a three-lane configuration south of 68tH Street as a pilot project. As part of the three-lane configuration, the County would require that there be No Parking allowed any time. Currently parking is allowed in outside travel lanes on Sunday only. The proposed pilot would be re-evaluated in the summer of 2011 for effectiveness by collecting before/after speed and traffic counts and resident comments. If the Council chooses to return Portland Avenue to a four-lane configuration after the one-year trial period the cost to restripe the roadway would fall on the City. Public Involvement Following the June 22, 2010 Council Worksession, City and County staff held an Open House on June 30, 2010 for public viewing and discussion of the proposed plan. The neighborhood reaction was mixed, a summary of the comments received are attached. The biggest concerns regarding the plan were: • loss of Sunday parking. • unease regarding fewer traffic gaps during peak volumes making it difficult to exit a driveway. Transportation Commission The Transportation Commission has been studying the three lane section option for arterial streets in Richfield for the past two years. At their July 7, 2010 meeting the Commission recommended that the City Council move forward with the implementation of the Portland Avenue Pilot Project for the period of one year at which time the City will reexamine its effectiveness. Additional Information Requested Several items of information were requested at the Open House and are currently being collected so as to be available prior to the July 13 City Council Meeting. The requested items are: • Comments from staff of other cities in which the County has conducted the 4-to-3 lane conversions. • Rental Property Percentages along Portland Avenue, other arterials, and Citywide III. BASIS OF RECOMMENDATION A. POLICY • The 2009 Arterial Study identifies Portland Avenue for reconstruction as a three-lane roadway. B. CRITICAL TIMING ISSUES • Hennepin County is expected to begin their mill and overlay operation in August 2010. C. FINANCIAL • The cost of the striping will be by Hennepin County as part of the mill and overlay operation. • If the City Council determines that Portland Avenue should be converted back to a four-lane section after the one year trial period, the cost of restriping would be the responsibility of the City. D. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • The Council may choose to not approve the Portland Avenue Pilot Project. The County would replace the existing four-lane section as it is today which would include Sunday parking. • .The Council may choose to .delay the decision until July 27, 2010. V. ATTACHMENTS • Project Layout Plan • Summary of Comments VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Area Residents Transportation Commission Representatives Portland Avenue Lane Reconfiguration Project ^ ^ ~ -. Qa~~~oo~ ~~o ~~ 1. Do you use Sunday on street parking on Portland Avenue regularly? If so, when and in what general area? -No (4) -We have used it occasionally but it is not of paramount importance to us. -We do not encourage parking on Portland for the church. -Once a year -Yes, Holidays and summer months near 70th Street. -Not regularly, occasionally for Sunday family gatherings. 2. After attending the June 30, 2010 Open House are you in favor of the Portland Avenue Lane Conversion Pilot Project? D(6) Yes, I support the 3-lane section. D(2) No, I prefer the current 4-lane section. Please provide additional comment as to why or why not. -Concern about accidents at 70th and Portland. -Hope it will slow traffic down somewhat. -Like moving the traffic away from the sidewalk. -I think anything that would help slow traffic would be good. -Could slow the speed of traffic and maybe push through traffic to highway. -Would make turning left into driveway easier but could make it harder to back out. -Like the safety aspect. Right now sidewalks are unsafe, turning is unsafe. If it doesn't change now then do it at re-construction. -Would support a trial. I will miss the Sunday parking but do support the trial. I want to see if I can still back out of my driveway with three lanes since I don't have aturn-around. -Too much traffic for three lanes. -This (three lanes) is unsafe for pulling out of driveways. Do not support loss of Sunday parking. A completed questionnaire may also be mailed, faxed, or emailed by Wednesday July 7th to: Jeff Pearson City of Richfield 6700 Portland Avenue Richfield, MN 55423 Fax: 612.861.9796 ipearson(a~cityofrichfield.org The survey is also available to complete electronically at the following web site: http://www.cityofrichfield.org/PublicWorks/Proj ects.htm Please use the back of this sheet if you need additional suace for comments Emails Received: From Brian McGlinn 7316 Aldrich Ave. South Message I can't make the open house tonight but wanted to pass along my strong support for putting in bike lanes along Portland Avenue. By doing so, the city would be sending a strong message that Richfield is a community that supports a diversity of transportation options. Thanks! (A response was sent clarifying that the proposed reconfiguration calls for general use shoulders and not designated bike lanes.) Lori and Gary Larson Joyce Koch Terry and Kirsten Folken Tom and Jan Johnson Pat Andresen Laura Thirret Brad Whalen Eric Huber All we have to say is, "No, No, NO!" We live on Portland Avenue and are completely against the proposed project. We are only allowed to park on the street on Sundays and, now, THAT is threatened to be taken away? We used to be able to park on holidays, too. It's hard enough to make sure that any events are scheduled for only Sunday parking, where are we supposed to park with the lane reconfiguration? Is Hennepin County/Richfield going to provide parking for us? Should we expect our guests to park on side streets and walk to our house? What is the point of the reconfiguration? Are we going to get new sidewalks, new curbs? If there must be change, why not the change in roadway that was done on Lyndale Ave in south Minneapolis, just north of Minnehaha creek and all the way to Uptown. New curbs, sidewalks AND parking! Many changes in Richfield have been forced upon some of our neighbors, please don't FORCE this change on us. Kate Grande 7025 Portland Ave. I will not be able to attend the open house on Wednesday, but I wanted to voice my 100% approval for moving forward with the lane reconfiguration project. It can't happen soon enough in my opinion. `~F~ Warren W. Nilsson ve 1 b Gar field Avenue Soiitii Richfield, MN 55423-2331 (612) 866-3922 June 28, 2010 Mayor and City Council Members .City of Richfield Ei700 Portland Avenue South Richfield, MN 55423 Mayor and City Council Members: JUN 2 ~ 2010 ~Y: ~S~~f~ !~ ~~~ G i In the June 1 ~"'~ Sun Current, there was an article concerning converting one or more city streets from two lanes in each direction to one, with a turn lane. As I am not able to attend any meetings, this letter is to say that I AM AGAINST THIS 100%! This same subject was brought up some years ago for Nicollet Avenue only. I was against this also. Why am I against this? I believe that having only one lane of thru traffic is not enough. If you are behind a bus, the unused area along the curb is not wide enough for the bus, so swerving into the turn lane would be needed. But what if there was a vehicle there trying to turn? You would be trapped! In addition, I believe there is something not mentioned in the article: that since there would be "unused" space along the curb, that snow removal would no longer be done. Snow would be simply plowed into that space and left to melt iln the spring. Being behind. a bus would be even more difficult! Other problems can occur also. What about delivery vehicles (ex: someone getting a new refrigerator)? I guarantee you that the truck would not park on the side street, but simply block traffic until they were done! In finishing, as a driver who uses these streets a lot, I believe that two thru lanes are needed, Sincerely, STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING OTHER BUSINESS 6A 126 JULY 13, 2010 REPORT PREPARED BY: REVIEWED BY CITY MANAGER: HEINE, CITY ATTORNEY NAME, ITEM FOR COUNCIL CONSIDERATION: Consideration of Settlement Agreement I. RECOMMENDED ACTION: By Motion: Approve a settlement agreement relating to 6315 Penn Avenue II. BACKGROUND The owner of 6315 Penn Avenue, Lisa Christianson, recently contacted City staff to request confirmation that a furniture store was an allowed use of that property. The staff informed her that although the property is zoned MU-C Mixed Use Commercial and that a furniture store is a permitted use, the proposed change in use would require site plan approval and a parking study. The staff also. informed Ms. Christianson that the property did not meet parking standards for a furniture store. A search of city records revealed that the last site plan approval for the property was given in 1961 in the form of an off-street parking permit for a rehabilitation center. Ms. Christianson informed staff that the property had been used as a furniture store for more than 35 years, during which the property had only eight parking spaces. The staff could not locate any record of an off-street parking permit for the furniture store use or for the subsequent use as an art gallery and art restoration service. Ms. Christianson retained an attorney, who has asserted that the furniture store use is permitted and that the number of parking spaces is a lawful nonconformity. The attorney has indicated that the delay associated with obtaining site plan approval will result in the loss of the potential lease. 0713 6315 Penn The City Attorney negotiated a settlement agreement with the owner's attorney. Under the agreement, the tenant will be allowed to move in immediately. The owners must apply for a site plan approval for ten spaces, but the city may place reasonable conditions on the approval. III. BASIS OF RECOMMENDATION A. POLICY • The City desires to enforce its zoning laws fairly and consistently. • The City desires to avoid needless disputes. B. CRITICAL ISSUES • The settlement agreement attempts to obtain a fair balance between enforcing city zoning ordinances and avoiding needless litigation. C. FINANCIAL • The settlement of the dispute will avoid potential legal costs. D. LEGAL • The City Attorney drafted the settlement agreement. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Do not approve the agreement. V. ATTACHMENTS • Settlement Agreement. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A 371638v1 CAH RC160-5 AGREEMENT THIS AGREEMENT is made as of July 13, 2010 by and between Reed R. Christianson and Lisa Christianson, husband and wife ("Owners"), and City of Richfield, a Minnesota municipal corporation ("City"). Recitals A. Owners are the fee owners of the property at 6315 Penn Avenue South in the City of Richfield, Hennepin County, Minnesota, legally described as Lots 20 and 21, Block 12, Rays Lynnhurst Addition (the "Property"). B. The Property has been zoned for Mixed Use Commercial since 2007. For all relevant times prior to 2007, the Property was zoned C-2 General Commercial. C. At all times relevant to this Agreement, the Property has been improved with a building of approximately 11,360 square feet and a parking area that includes eight parking spaces in the front of the building, with room for two additional spaces in the rear of the building. D. The Property has an approved parking permit from 1961 for eight parking spaces in conjunction with a rehabilitation center use. From. approximately 1968 until 2004 the Property was occupied by a retail furniture/appliance store, but the City has no record of any approved parking permit for that use. E. Since 2004, the Property has been occupied by an art gallery and restoration business and is now vacant. The Owners desire to lease the Property for use as a furniture store. It is not possible to create additional parking spaces on the Property without removing all or a portion of the existing building. F. The Property does not satisfy the parking requirements under the current zoning ordinance for a furniture store use. There is a dispute between the parties as to whether the City is legally required to allow a furniture store use on the Properly with only ten parking spaces. G. The parties desire to settle and compromise the dispute according to the terms of this Agreement. Terms 1. The City shall allow the Property to be used for a furniture store, effective immediately upon the execution of this Agreement by all parties. Upon execution of this Agreement, City staff may accept and process sign permit applications for the Property. The use of the Property as a furniture store will not be considered a change in use for purposes of administration of accessibility requirements under the state building code. 371592v4 CAH RC160-5 2. Owners agree to promptly submit an application for site plan approval to the City, in accordance with City ordinances. The site plan application may show eight parking spaces in front of the building and two spaces in the rear of the building.. The City waives the requirement for a parking study. The Owners agree that the City may condition approval of the site plan on the use of the Property as a furniture store. The City may also impose other reasonable requirements to mitigate adverse effects of the reduced parking, including (a) a requirement that the Owners make all reasonable efforts to arrange for shared parking with neighboring properties if the lack of on-site parking on the Property causes traffic or site-management problems; and (b) a requirement that store employees not be allowed to park in the front eight spaces. 3. Owners agree that they are duly on notice of the City's requirement for site plan approval for any change in use of the Property that results in an increasing intensity of use. In addition, Owners acknowledge that if the Property ceases to be used as a furniture store for any period of 12 or more consecutive months, then: (a) any subsequent proposal to use the Property as a furniture store will require a new site plan approval in accordance with all applicable ordinances at the time; (b) the past use of the Property as a furniture store will be a relevant fact that maybe considered along with other relevant facts, but that fact alone will not entitle the applicants to site plan approval of only ten parking spaces for a future furniture store use. Reed R. Christianson Lisa Christianson CITY OF RICHFIELD By Its Mayor By Its City Manager 371592v4 CAH RC160-5 2