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CITY OF RICHFIELD, MINNESOTA MONDAY, AUGUST 9, 2010 SPECIAL CITY COUNCIL WORKSESSION CITY HALL COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. AGENDA Call to order. Roll call 1. Discussion regarding multi-pet residential licenses (continued from July 13 & 27; Council Memo No. 102) Notes: 2. Discussion requested by Human Rights Commission regarding domestic partnership registration ordinance (Council Memo No. 123) Notes: 3. Discussion regarding pursuing economic development initiatives (Council Memo No. 124) 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 Concurrent City Council and Planning Commission Worksession of July 27, 2010 and (2) Regular City Council Meeting of July 27, 2010 PRESENTATION 1. Annual meeting with Civil Services Commission COUNCIL DISCUSSION Council discussion • Hats Off to Hometown Hits • Cedar Point development status Notes: AGENDA APPROVAL 3. Council approval of agenda CONSENT CALENDAR Consent Calendar contains several separate items, which are acted upon by the Cit 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 fora proval. A. Consideration of f~st reading of ordinance amending Appendix 1 of Richfield City Code rezoningg 6401 Lyndale Avenue, 515 64th Street West and 521 64th Street West from C-2 General Commercial) to R (Single-Family Residential) to PMR Planned Multi-Family Residential) S.R. No. 139 B. consideration of approval of first reading of new and amended ordinances related to Minnehaha Creek Watershed District Rule B (Erosion Control), Rule C (Floodplain Alternation), Rule D (Wetland Protection) and Rule N (Stormwater Management) and scheduling second reading for September 14, 2010 S.R. No. 140 C. Consideration of approval of first readings of Richfield City Code ordinances: (a) amending inspection and regulation of public swimming pools and adding new Section 619 for public pools; (b) repealing Subsections 615.01 through 615.85 and adding new Section 617 for regulation of food establishments; (c) repealing Subsections 1109.01 through 1190.25 and adding new Section 618 for regulation of lodging establishments; and scheduling second reading for each ordinance on September 14, 2010 S.R. No. 141 D. Consideration of approval of resolution authorizing Richfield Public Safety/Police acceptance of donations from listed agencies, businesses and private individuals for specific events and programs sponsored by Police Department S.R. No. 142 E. Consideration of approval of resolution authorizing City of Richfield Public Safety Department to enter Co-o erative Agreement to become member of Hennepin County Violent Offender Task Force S.R. No. 143 F. Consideration of approval of resolution electing to continue participation in Local Housing Incentives Account Program under Metropolitan Livable Communities Act for 2011 through 2020 S.R. No. 144 G. Consideration of approval of resolution establishing on-call compensation policy for Public Works Superintendents/Managers S.R. No. 145 H. Consideration of approval of resolution granting off-site gambling license for Fred Babcock VFW Post #5555 to sell pull-tabs and conduct bingo at Church of the Assumption's annual Fun Fiesta on August 14 and 15, 2010 S.R. No. 146 I. Consideration of approval of work proposal from WSB & Associates, Inc. for monitoring of surface water quality and quantity at various location in Richfield for cost not to exceed $32,000 without further authorization S.R. No. 147 Notes: 5. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARINGS 6. Public hearing and second reading of amendments to Richfield City Code Section 407, Inspection and Licensing of Apartment Houses and Rental Homes, for changes to license requirements, provisional license, and other minor changes with effective date of January 1, 2011 and resolution authorizing summary publication of ordinance Staff Report No. 148 Notes: 7. Public hearing regarding resolution adopting special assessment roll for 2009 removal of diseased trees from private property Staff Report No. 149 Notes: 8. Public hearings regarding resolutions adopting special assessment rolls for 2009 maintenance services and resolutions ordering current 2011 maintenance services a. 77th Street maintenance Staff Report No. 150 Notes: b. Lyndale/HUB/Nicollet maintenance Staff Report No. 151 Notes: PROPOSED ORDINANCES 9. Consideration of first reading of ordinance relating to conduct within City parks and recreation facilities; prohibiting tobacco use, sales activity, feeding of wild animals, unleashed dogs, damage to park plants and trees and regulation on public bodies of water in parks; amending Section 840 of Richfield City Code and scheduling public hearing and second reading on September 28, 2010 Staff Report No. 152 Notes: 10. Consideration of second reading of ordinance amending Richfield City Code Subsection 509.25 related to defining nonconforming uses Staff Report No. 153 Notes: RESOLUTION 11. Consideration of resolution amending City's Comprehensive Plan to designation 7144 Portland Avenue as " ublic/quasi-public" rather than "single-family residential" allowing Hope Presbyterian Church to utilize property Staff Report No. 154 Notes: CITY MANAGER'S REPORT 12. City Manager's report Notes: 13. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by ma~onty vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: 14. 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 August 5, 2010 Council Memorandum No.123 The Honorable Mayor and Members of the City Council Subject: Domestic Partnership Registration Ordinance (Worksession Agenda Item No. 2 ) Council Members: The Richfield Human Rights Commission (HRC) has requested a Worksession before the Richfield City Council to explore the possibility of Domestic Partnership Registration for the City of Richfield. . The HRC would like the opportunity to share information with the City Council, including the purpose of the ordinance. The HRC plans to present to the Council an example of a Domestic Partnership Registration Ordinance. The HRC is recommending the City Council open the topic of the ordinance for public feedback. They are asking the Council for support for the HRC to publish articles on the ordinance in the media and to post the item on the City website. The HRC has the intent to move forward with a recommendation of Domestic Partnership Ordinance to the Council, ultimately seeking a Council vote on the issue. SLD:cak Attachment Email: Department Directors Assistant to the City Manager DRAFT City of Richfield Human Rights Commission Recommendation of Domestic Partner Registration Ordinance And Revision to City Code Preface: The City of Richfield Human Rights Commission was contacted by Richfield resident Philip Lowe in January of 2010. Mr. Lowe requested the commission explore domestic partner registration as a means to recognize the GLBT families living and working in our community. After researching the issue, and consulting with the city of Edina Human Rights Commission, our commission has decided to move forward with a recommendation of a Domestic Partner Registration Ordinance to the City Council. A Domestic Partner Registration ordinance is largely symbolic in nature. Despite the symbolic nature, creating the ordinance is a very important act. The registry identifies Richfield as a community that values diversity, and welcomes all families. Creating a domestic partner registration ensures all committed families in our community have access to City services and the opportunity to enjoy the same rights as their neighbors. Edina, Duluth, Rochester, Minneapolis and Saint Paul have all passed similar ordinances. It is time for Richfield to send a message: "You are welcome here." Introduction: The City of Richfield authorizes and establishes a voluntary program of registration of domestic partners. The domestic partnership registry is a means by which unmarried, committed couples who reside or work in Richfield and who share a life and home together may document their relationship. Richfield's Domestic Partnership ordinance is a City ordinance and does not create rights, privileges, or responsibilities that are available to married couples under state or federal law. The City of Richfield cannot provide legal advice concerning domestic partnerships. Applicants and registrants may wish to consult with an attorney for such advice including, but not limited to: wills, medical matters, finances and powers of attorney, children and dependents, medical, health care and employment benefits. Definitions. The following words and phrases used in this Code have the meanings given in this Section. Domestic Partner. Any two adults who meet all the following: Are not related by blood closer than permitted under marriage laws of the state. 2. Are not married. 3. Are competent to enter into a contract. 4. Are jointly responsible to each other for the necessities of life. 5. Are committed to one~another to the same extent as married persons are to each other, except for the traditional marital status and solemnities. 6. Do not have any other domestic partner(s). 7. Are both at least 18 years of age. 8. At least one of whom resides in Richfield or is employed in Richfield. Domestic Partnership.The term "domestic partnership" shall include, upon production of valid, government-issued documentation, in addition to domestic partnerships registered with the City of Richfield, and regardless of whether partners in either circumstance have sought further registration with the City of Richfield: A. Any persons who have acurrently-registered domestic partnership with a governmental body pursuant to state, local or other law authorizing such registration. The term domestic partnership shall be construed liberally to include unions, regardless of title, in which two individuals are committed to one another as married persons are traditionally committed, except for the traditional marital status and solemnities. B. Marriages that would be legally recognized as a contract of lawful marriage in another local, state or foreign jurisdiction, but for the operation of Minnesota law. Registration of Domestic Partnerships. The-City Manager/Clerk shall accept an application in a form provided by the City to register domestic partners who state in such application that they meet the definition of domestic partners. The City Manager/Clerk shall charge an application fee for the registration of domestic partners and shall charge a fee for providing certified copies of registrations, amendments, or notices of termination. A. The City Manager/Clerk shall provide each domestic partner with a registration certificate. The registration certificate shall not be issued prior to the third working day after the date of the application. B. This application and certificate may be used as evidence of the existence of a domestic partner relationship. C. The City Manager/Clerk shall keep a record of all registrations of domestic partnership, amendments to registrations and notices of termination. The records shall be maintained so that amendments and notices of termination are filed with the registration of domestic partnership to which they pertain. D. The application and amendments thereto, the registration certificate, and termination notices shall constitute government data and will be subject to disclosure pursuant to the terms of the Minnesota Government Data Practices Act. Amendments. The City Clerk may accept amendments for filing from persons who have domestic partnership registrations on file, except amendments which would replace one of the registered partners with another individual. Termination of Domestic Partnership. Domestic partnership registration terminates when the earliest of the following occurs: A. One of the partners dies; or B. Forty-five days after one partner: a) sends the other partner written notice, on a form provided by the City, that he or she is terminating the partnership; and b) files the notice of termination and an affidavit of service of the notice on the other partner with the City Clerk. City Fees for Services. If the City offers a family fee, family membership or family registration, domestic partners are entitled to the same family fee, family membership or fiamily registration Richfield City Code 310.39 Subd. 6. Bereavement Leave. Employees eligible for personal leave shall also be eligible for bereavement leave. Eligible employees may be granted up to a maximum of twenty-four hours of bereavement leave for the death of the employee's spouse or DOMESTIC PARTNER, as well as the following employee's, or the spouse's, or the DOMESTIC PARTNER's family members; i.e., parents, children, siblings, grandparents, grandchildren, mother-in-law, father-in-law, brother-in-law and sister-in- law, son-in-law and daughter-in-law, stepparents and/or legal guardians, and stepchild/foster child. The City Manager may approve exceptions to this list. Note. The last sentence "The City Manager may approve exceptions to this list." was added as an amendment: Bill No. 2002-20. CITY OF RICHFIELD,_MINNESOTA Office of City Manager August 5, 2010 Council Memorandum No. 124 HRA Memorandum No. 29 Housing and Redevelopment The Honorable Mayor Authority Commissioners. and City of Richfield Members of the City Council Subject: Pursuing Economic Development Initiatives (Worksession Agenda Item No: 3 ) Council Members and Commissioners: City Council Members, as well as the leadership of the Richfield Chamber of Commerce, have recently inquired about the possibility of adding additional "Economic Development" activities to the services offered by the City's Department of Community Development. Typical Economic Development Activities The following programs are typically identified as "Economic Development" undertaken by other communities: Business retention and expansion: Business retention and expansion programs assist businesses in an effort to keep them from relocating to other areas; help them survive economic difficulties; assist them with expansions that add new jobs; and increase their competitiveness in the wider marketplace. Activities include regular site visits, periodic evaluation of business needs, problem solving, and assistance. Business attraction and marketing: Proactive marketing activities to encourage new businesses to locate within the City. This can vary greatly in scope. Enterprise and small business development: Providing financial and technical assistance to increase the creation and growth of small businesses; often including the creation of small business incubators. Real estate development and reuse: Redevelopment of blighted areas and downtown business districts to attract new firms and jobs, stimulate the economy, and encourage major new investment in a community. Brownfield redevelopment: The reclamation and reuse of contaminated properties. Workforce development and training: Providing job-search and retraining services to unemployed persons. Strategic planning: Developing a strategic plan that incorporates the community's vision of future commercial/industrial growth while at the same time identifying realistic and measurable tools, goals and objectives to get there. Economic development finance: A means to stimulate growth and development by increasing access to capital for both ventures and projects that may not take place if left to market forces, but do provide economic benefit. Current Economic Development Activities Currently, Community Development staff is actively involved in redevelopment activities. Under the Richfield Housing and Redevelopment Authority (HRA), four full-time employees spend the majority of their time planning for, implementing and administering redevelopment projects. Several other employees also spend lesser amounts of time in a support role for redevelopment activities. Staff has also been active in seeking funds for, and managing the process of brownfield site mitigation. Typically, these efforts have been on City/HRA owned sites, but have occasionally involved private properties as well. Community Development staff has endeavored to assist local businesses in their growth and expansion needs when those needs are identified (such as Minnesota Life College). Staff does not, however, have a systematic program in place to meet with existing businesses to identify needs. Historic Economic Development Activities j1993 - 2004) Between 1993 and 2002, the Richfield HRA had afull-time Marketing Technician position. Employees in that position divided their time administering large-scale community events (such as the Richfield Remodeling Fair), creating marketing materials aimed at business attraction and providing press/community information related to redevelopment projects. That position was eliminated as part of budget reductions in November 2002. The HRA also employed an Enterprise Facilitator from 1998 to 2004. That employee assisted start-up businesses in creating business plans, seeking financing and identifying and improving .business locations. That position was also cut as a part of budget reductions. Future Economic Development Activities Pending the outcome of joint negotiations between the City, Minnesota's Department of Employment and Economic Development (DEED) and Comlux Aviation, the City may soon have a source of funding for the provision of small business loans. Comlux Aviation is a Zurich, Switzerland based company that provides customized interiors and amenities to large jet aircraft for corporate and individual customers. Comlux has expressed an interest in establishing a major facility at the Minneapolis/St. Paul International Airport (MSP). Comlux had requested a $1 million loan from the State of Minnesota to assist in offsetting start-up costs. The State has no program to provide direct assistance, so instead suggested that DEED provide a loan to the City of Richfield (as the nearest municipality), which the City could then provide to Comlux. In recognition of the City's role in administering the DEED funding to Comlux, DEED has discussed allowing Richfield to return 90% of Comlux's loan payments to DEED and retain the remaining 10% for Business Development funding. This business development fund would be $100,000 over the life of the loan. DEED is currently awaiting Comlux's commitment to establish their operations at MSP. Once that commitment is made, staff will have more specific information regarding payment to the City and seek City Council input on the details of the arrangement. Staffs initial proposal would be to provide these funds as a revolving loan for capital improvements involved in the construction of new, or expansion of existing, commercial/industrial developments. As businesses repay these loans, those payments would be deposited back into the revolving loan fund in order to continue to provide assistance. The Richfield HRA has also recently initiated a geographically targeted grant program for businesses along the Penn Avenue Corridor. The Penn Avenue streetscape Improvements grant provides matching funds of 20% of project costs for qualified streetscape improvements. This program encourages property owners to invest in their properties to create a more visually inviting streetscape to enhance the economic vitality along the corridor. Beginning this spring, staff has begun keeping an inventory of commercial/industrial sites on the open market that includes contact information for the site's broker (attached). Staff intends on further developing that inventory to include basic site information including acreage and zoning. At current workload levels, staff would only be able to update this list two or three times per year, so pricing information, which can change regularly and which is particularly subject to negotiation, is proposed to be excluded from the inventory. Staff is also planning on establishing an annual joint meeting with commercial brokers who have major listings in Richfield. The purpose of this meeting would be to inform brokers of redevelopment and other economic development programs that are offered by the City/HRA, to identify any other potential opportunities to assist development and to create a network in which brokers are aware of one another's' available properties. Further Discussion of Economic Development Activities The City Council will be holding a Work Session at 5:30 on Monday, August 9 to discuss Economic Development activities. This would be an opportunity for the Council to suggest other ways in which staff could initiate additional economic development programs and to identify funding sources for personnel and programming costs for such services. Representatives of the Richfield Chamber of Commerce will also be in attendance at the Work Session to discuss their role in economic development in the community. SLD:cak Attachment Email: Department Directors Assistant to the City Manager Available Commercial Properties 6/15/2010 .Pro' a ~. For Rent Office for Rent Office for Rent Address 18th & 66th 1520 E. 66th St. 1300 66th St. Broker ' `' JJL Propert LLC NA JJL Propert LLC Bro[cer's `'hon`e;: 952-435-0652 651-454-5031 952-435-0652 Note,' Si n visible Si n visible Si n visible 952-844-1556 & Vacant land 1120 E. 66th St. Dar I Jor enson -- Realt Hous 763-286-9682 Si n visible For Rent 66th & L ndale N.W. Corner Jamie Cohen -- Upland Real Est 612-465-8535 Si n visible For Sale/For Lease Brid eman's 800 W. 66th St. And McConville -- CB Richard 952-924-4666 vacant For Lease 2200 W. 66th St. Aaron Schumm -- Commercial 651-203-1753 Si n visible For Sale Penn & 66th St. Bill Wolfson -- Coldwell Banker 952-334-4554 Si n visible For Lease Penn & 66th St. Ton Rosell -- Carleton Propert 952-345-8882 Si n visible Warehouse Leasin 6407-6417 Penn Buildin NA 612-250-4112 Si n visible For Sale--Christianson & Co. 6315 Penn Ave. Lisa -- Candcre.com -- Commer 952-393-1212 vacant For Lease--Bridal & Tuxedo 6323 Penn Ave. Ton Strauss -- Welsh 952-897-7882 vacant Rental Space 6442 Penn Ave. NA 612-861-5277 Si n visible For Lease 66th & L ndale N.E. Corner Dan Wicker-- Northmarq 952-893-8254 Si n visible For Lease--Woodlake Plaza 6421-6413 L ndale Ave. Janet Olson -- Welsh 952-897-7751 vacant For Sale/For Lease L ndale Gardent & Hardware Jim Rock & Skip Melin -- Northst 952-465-3300 vacant For Sale 1405 66th St. Keller Williams -- Premium Real 651-209-8444 Si n visible CITY COUNCIL MINUTES ~. ~ Richfield, Minnesota Special Concurrent City Council and Planning Commission Worksession July 27, 2010 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:00 p.m. ROLL CALL Council Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom Fitzhenry. Planning Commission Members Present: Rick Jabs, Chair; Tom Rublein; Gordon Vizecky; Dan Kitzenberger; Robert Hall; and Maureen Scaglia (arrived 6:27 p.m.). Planning Commission Members Absent: Dennis Schuller; Catherine Peloquin; and Joshua Root. Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Mike Eastling, Public Works Director; Barry Fritz, Public Safety Director; Melissa Poehlman, City Planner, Betsy Osborn, Health Administrator; Charlie O'Brien, Code Compliance Specialist; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. Item #1 DISCUSSION REGARDING. COMPREHENSIVE PLAN AND RELATED REZONINGS (COUNCIL MEMO NO. 110) Community Development Director Stark discussed the continued evaluation of zoning changes related to the Comprehensive Plan with Metropolitan Council staff and the City Attorney. The result of the latest discussions is an alternative that can maintain the integrity of the Comprehensive Plan. Mr. Stark explained that State Statute requires that a city's zoning ordinance be in agreement with the city's Comprehensive Plan. Richfield staff has proposed to identify areas in the Comprehensive Plan that are not anticipated to redevelop in the near future as "transitional" redevelopment areas. The Comprehensive Plan would state .that the zoning designation of the "transitional" properties would not change until multiple lots were assembled and redevelopment as defined in the Comprehensive Plan became feasible. The Metropolitan Council has indicated that this proposal would be acceptable. Mr. Stark also discussed several other options, concluding that that every community handles this matter differently depending upon their City Attorney's view of the State Statute. Special Concurrent City Council and Planning Commission Worksession Minutes -2- July 27, 2010 Mayor Goettel requested more time be given for review of the information provided on St. Louis Park and Minneapolis before proceeding. She questioned a Comprehensive Plan land use map versus a zoning map. Mr. Stark explained the different methodology to achieve the same outcome. He also stated a proposed developer would be required to demonstrate their intention and due diligence for assembling properties. There would not be speculative rezoning. Council Member Wroge expressed support for the demolition of older apartment buildings instead of removing desirable single family homes. He questioned how the Metropolitan Council could expect the City to meet the number of units required. Mr. Stark explained the expectation is not to provide the units but rather eliminate impediments to achieve that goal City Attorney Heine explained the State Statute as it relates to the Comprehensive Plan and the zoning ordinance. State law requires the Comprehensive Plan to establish a vision for a city. Fran Peterson, 6912 Washburn Avenue, discussed his experience regarding his desire to expand the entry of his home. City Manager Devich stated the City should indicate a goodwill attempt to meet the Metropolitan Council requirements or prepare to fight them. Planning Commissioner Hall suggested moving forward with the "transitional" redevelopment and also have discussions with the Metropolitan Council to reach a logical approach to meet their goals with new census date. Council Member Sandahl expressed support for moving forward with the "transitional" approach. She also stated the Comprehensive Plan is clear that protection of residential neighborhoods is a priority. The City Council consensus was to move forward with the "transitional" redevelopment and review the approach taken by other cities on this matter. Mr. Stark stated the Planning Commission will consider the "transitional" redevelopment approach as well as information from other cities and provide their recommendation to the City Council Mayor Goettel stated that due to lack of time, the Worksession scheduled to immediately follow this Worksession to discuss multi-pet residential licensing was postponed to a future date. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:59 p.m. Date Approved: Cheryl Krumholz Recording Secretary Debbie Goettel Mayor Steven L. Devich City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting July 27, 2010 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:07 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; Tom Fitzhenry; and Pat EI liott. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; John Stark, Community Development Director; Barry Fritz, Public Safety Director; Betsy Osborn, Health Administrator; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. OPEN FORUM Nick Freiheit, 7321 11th Avenue, expressed his concerns about the many boulevard trees marked for removal along 11th Avenue for the Metropolitan Council's Sanitary Interceptor project. Council Member Wroge questioned why the trees on the east-side are being removed because they provide afternoon shade. He suggested trees be removed from the west-side. Public Works Director Eastling explained the project and the evaluation process to determine tree removal. The City Council requested they be provided with the analysis information on the tree removal decisions. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Fitzhenry, S/Wroge to approve the minutes of (1) Special City Council Worksession of July 13, 2010 and (~ Regular City Council Meeting of July 13, 2010. Motion carried 5-0. Council Meeting Minutes -2- July 27, 2010 Item #1 I COUNCIL DISCUSSION • CANCEL AUGUST 24,2010 REGULAR CITY COUNCIL MEETING • SCHEDULE SPECIAL CITY COUNCIL MEETING (COUNCIL MEMO NO. 111) • HATS OFF TO HOMETOWN HITS M/Goettel, S/Wroge to cancel the August 24 2010 Regular City Council Meeting. Motion carried 5-0. M/Sandahl, S/Wroge, to schedule a Special Cit~Council Meeting_on September 13, 2010 at 5'30 p m to discuss the 2011 budget and tax levy. Motion carried 5-0. Council Member Fitzhenry discussed the recent installation of the four-way stop sign at 70th Street and 12th Avenue. He also announced the August 3 Night to Unite event. Recreation Services Topitzhofer announced the August 7 Urban Wildland Half-Marathon an 5K Race. Council Member Fitzhenry announced the upcoming neighborhood block meetings regarding pavement removals on .Diagonal Avenue from Cedar Avenue to 16th Avenue. Council Member Sandahl announced Penn Fest on August 8 from noon to 4 p.m. Mayor Goettel requested staff review the restrictions related to tree trunk removal. Item #2 COUNCIL APPROVAL OF AGENDA Mayor Goettel removed Item ~8 from the agenda for consideration at a future meeting and moved Consent Calendar Item 3A to Item 4 for separate consideration. M/Goettel, S/Wroge to approve the agenda, as amended. Motion carried 5-0. Item #3 CONSENT CALENDAR A. Moved to Item 4. B. Consideration of approval of resolution authorizing Source Water Protection Plan Implementation Grant agreement between City of Richfield and Minnesota Department of Health S.R. No. 128 RESOLUTION NO. 10387 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A SOURCE WATER PROTECTION PLAN IMPLEMENTATION GRANT AGREEMENT WITH MINNESOTA DEPARTMENT HEALTH FOR $10,000 TO BE USED IN THE CONTINUED DEVELOPMENT AND PUBLIC EDUCATION OF THE CITY OF RICHFIELD WELLHEAD PROTECTION PLAN -PART 2 Council Meeting Minutes -3- July 27, 2010 This resolution appears as Resolution No. 10387. C. Consideration of approval of resolution conveying real property located at 7326 Sheridan Avenue from City to Housing and Redevelopment Authority S.R. No. 129 RESOLUTION NO. 10388 RESOLUTION AUTHORIZING THE CONVEYANCE OF REAL PROPERTY LOCATED AT 7326 SHERIDAN AVENUE This resolution appears as Resolution No. 10388. D. Consideration of approval of purchase and installation of 64th Street and Girard Avenue alley storm sewer from G. F. Jedlicki, Inc. in amount of $53,785 S.R. No. 130 E. Consideration of approval of temporary on-sale 3.2 percent malt liquor and public dance licenses for The Church of the Assumption for annual Fun Fiesta on August 14 and 15, 2010 S.R. No.131 F. Consideration of approval of temporary wine and temporary on-sale 3.2 percent malt liquor licenses for Church of St. Richard for annual Fun Festival on September 18, 2010 S.R. No. 132 G. Consideration of approval of public dance license for Richfield-Bloomington Credit Union for membership appreciation day on July 31, 2010 S.R. No. 133 H. Consideration of approval of new taxi license for Airport Southwest Taxi, 8632 Saratoga Lane, Eden Prairie, MN S.R. No. 134 M/Wroge, S/Sandahl to approve the Consent Calendar, as amended. Motion carried 5-0. Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR 3A. Consideration of approval of first reading of ordinance amending Richfield City Code Subsection 509.25 related to defining nonconforming uses S.R. No. 127 Community Development Director Stark explained the State Statute limitations regarding "grandfathering" clauses and nonconforming uses. The proposed ordinance change is attempting to be more permissive of uses... City Attorney Heine stated the proposed ordinance clarifies and defines uses and allows some exceptions for residential properties. Mr. Stark stated the second reading of the ordinance will address the impact on business expansion. M/Wroge, S/Sandahl to approve first reading of the ordinance amending Richfield City Code Subsection 509.25 related to defining conforming uses. Motion carried 5-0. Item #5 CONSIDERATION OF FIRST READING OF AMENDMENTS TO RICHFIELD CITY CODE SECTION 407, INSPECTION AND LICENSING OF APARTMENT HOUSES AND RENTAL HOMES, FOR CHANGES TO LICENSE REQUIREMENTS, PROVISIONAL LICENSE, AND OTHER MINOR CHANGES WITH EFFECTIVE DATE OF JANUARY 1, 2011 AND SCHEDULING PUBLIC HEARING AND SECOND READING FOR AUGUST 9, 2010 S.R. NO. 135 Council Member Wroge presented Staff Report No. 135. Council Meeting Minutes -4- July 27, 2010 Council Member Wroge questioned the cost of a rental license and a provisional license. Community Development Director Stark explained the ordinance change is a recommendation from the Property Excellence Task Force. Fees are considered in December with the annual budget and covers all expenses related to the licensing process. Council Member Wroge requested the ordinance terminology be changed from "may" to "shall" or "will". Mr. Stark stated the terminology will be addressed in the second reading. Mayor Goettel added that the City may want some discretion in some instances. M/Wroge, S/Sandahl a Motion carried 5-0. nsina of Aoartment H Item #6 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING CITY CODE APPENDIX 1 TO REMOVE REFERENCES TO PROPERTIES WITHIN THE NEW FORD TOWN RICH ACRES AREA S.R. NO. 136 Council Member Elliott presented Staff Report No. 136. M/Elliott, S/V1/roge that this constitutE Code Appendix 1 to remove references _.-J 1L .1 :1 L. .-..L 1:-L.-1 :.- 1L_ .I2:.:.I .- Motion carried 5-0. min Item #7 DISCIPLINARY HEARING REGARDING RESOLUTION IMPOSING CIVIL ENFORCEMENT ON HKD, LO, INC. D/B/A JUN BO CHINESE RESTAURANT, 7717 NICOLLET AVENUE, FOR SELLING ALCOHOL TO UNDERAGE YOUTH S.R. NO. 137 Mayor Goettel presented Staff Report No. 137. Boris Parker, attorney for Jun Bo, stated the notice they received was related to three separate underage drinking incidents and that he had no notice of any other disciplinary matters. He said Jun Bo has offered to hire off-duty Richfield Police to assist their establishment if the City Council believes this is necessary. City Attorney Heine stated that according to City policy, the applicant is notified of the disciplinary hearing and needs to either admit or deny the allegations. Mr. Parker said Jun Bo denies the incidents on April 5 and May 24, 2010 and does not admit or deny the incident on April 24, 2010. He requested that all three incidents be addressed at a factual hearing with the suspension based upon verified reports. Public Safety Director Fritz stated two individuals appeared in court and admitted to underage drinking so there appeared to be no reason for further investigation. Council Member Wroge questioned how Jun Bo could dispute the underage drinking when the minors had pleaded guilty. Council Meeting Minutes -5- July 27, 2010 City Attorney Heine explained that the City's policy provided the applicant the right to an administrative hearing if the allegations are denied. Mr. Parker stated Jun Bo admits to the April 24 incident and accepts the penalty but denies the other two. He then stated a general denial to all three incidents. Mr. Parker stated the individuals pled guilty to minor consumption but not at Jun Bo. Mr. Parker requested an administrative hearing for all three incidents. M/Goettel, S/Elliott to continue the disciplinary hearing regarding the resolution imposing civil enforcement on HKD Lo Inc d/b/a Jun Bo Chinese Restaurant, 7717 Nicollet Avenue, pending the decision of the administrative hearing. Motion carried 5-0. Item #8 CONSIDERATION OF PLANS AS RECOMMENDED BY TRANSPORTATION COMMISSION AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF WEST CONNECTION BICYCLE ROUTE AND EAST CONNECTION BICYCLE ROUTE S.R. NO. 138 This item was removed from the agenda. Item #7 CITY MANAGER'S REPORT • N.O.LS.E. member renewal (Council Memo No. 112) The City Council consensus was to not renew the N.O.I.S.E. membership. Item #10 CLAIMS AND PAYROLL M/Wroge, S/Sandahl that the following claims and payrolls be approved: U.S. BANK 07-27-2010 A/P Checks: 196221 - 196528 $ 1,220,128.41 PAYROLL 68116 - 68495 $ 574,855.30 TOTAL $ 1,794,983.71 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:23 p.m. Council Meeting Minutes Date Approved: Cheryl Krumholz Recording Secretary -6- July 27, 2010 Debbie Goettel Mayor Steven L. Devich City Manager AGENDA SECTION: Consent AGENDA ITEM # CFA REPORT # 139 STAFF REPORT CITY COUNCIL MEETING AUGUST 9, 2010 REPORT PREPARED BY: MELISSA POEHL,MAN, CITY PLANNER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIG ATURE REVIEWED BY CITY MANAGER: .r ITEMFOR COUNCIL CONSIDERATION: Conduct a first reading of an ordinance rezoning properties located at 6401 Lyndale Avenue, 515 64th Street West and 521 64th Street West from C-2 (General Commercial) and R (Single-Family Residential) to PMR (Planned Multi-Family Residential). I. RECOMMENDED ACTION: By Motion: Approve a first reading of an ordinance amending Appendix 1 of the Richfield City Code .rezoning 6401 Lyndale Avenue, 515 64th Street West and 521 64th Street West from C-2 (General Commercial) and R (Single-Family Residential) to PMR (Planned Multi-Family Residential). II. BACKGROUND Michael Development is proposing to construct a 90-unit apartment building at the southeast corner of 64th Street and Lyndale Avenue. The .nearly 26,000 square- foot residential building will replace two retail buildings totaling approximately 25,000 square-feet and a vacant lot (currently owned by the Richfield Housing and Redevelopment Authority (HRA)). The building is proposed to include nine-studios, 42 one-bedroom units, 36 two-bedroom units and four-three bedroom units. It is three and four stories tall with a main courtyard greenspace fronting on Lyndale Avenue, a playground area (that could potentially be dedicated as a City Park), an enhanced transit stop and installed mature landscaping throughout the site. Both surface and below-grade parking will be provided at a rate of 1.32 stalls per unit. 080910 - 1st Reading Lyndale Commons RZN Right hand turns out of the development onto 64th Street will be prevented to minimize traffic in the surrounding neighborhood. Area Vision As far back as 1998, the City identified this area for redevelopment as part of the Lakes at Lyndale Plan. In 2008, the City once again confirmed its desire to see reinvestment in the 66th Street and Lyndale Avenue area by designating this area as "Mixed Use" in the Comprehensive Plan. The intent of this designation being a focus on expansion of the City's "downtown" by incorporating residential housing, commercial, office and recreational opportunities. Existing Land Use and Zoning The properties currently occupied by the retail strip center (Market Plaza) and the smaller retail building to the north are zoned C-2 (General Commercial).. The HRA property is currently zoned R (Single-Family Residential), a designation that is not consistent with the Comprehensive Plan. As mentioned above, all of the involved properties are designated as "Mixed Use" in the Comprehensive Plan. The applicant proposes to rezone all three properties to PMR (Planned Multi-Family Residential). This designation would be consistent with the Comprehensive Plan. III. BASIS OF RECOMMENDATION A. POLICY • In 1998 the City adopted the Lakes at Lyndale Plan that called for the redevelopment of these parcels after 2010. In 2008 the City approved designation of the entire Lakes at Lyndale area as a "Mixed Use" area to incorporate a variety of uses including high-density residential, commercial, office and recreational uses. On April 12, 2010 the Planning Commission found that the proposed development was consistent with the Comprehensive Plan. A public hearing to consider the rezoning and subsequent creation of a Planned Unit Development (PUD) was held on April 26, 2010. Required Findings The following findings are necessary for approval of a PUD application (542.09 Subd. 3): 1. The proposed development conforms to the goals and objectives of the City's Comprehensive Plan and any applicable redevelopment plans. The City's Comprehensive Plan designates these properties as part of a larger mixed use district encompassing the 66th Street and Lyndale Avenue area. Residential development of 50 or more dwelling units per acre is an approved use in this area. The proposed development is also consistent with the Comprehensive Plan Housing Policy to "encourage the creation of `move-up' housing through new construction..." in that it supplies a larger and newer type of unit than is generally available in the Community. Finally, the proposal is consistent with the Comprehensive Plan goal to "ensure sufficient diversity in the housing stock to provide for a range of household sizes, income levels and needs." 2. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. The building is designed to provide on-site amenities like greenspace and parking to the residents. 3. The development is in substantial conformance with the purpose and intent of the guiding district, and departures from the guiding district regulations are justified by the design of the development. The development is in substantial compliance with the guiding MR-3 District. Setbacks have been reduced to provide for a more interesting building design, the incorporation of a large plaza area to be visible from Lyndale Avenue and to maximize tree preservation and usable greenspace. 4. The development will not create an excessive burden on parks, schools, streets or other public facilities and utilities that serve or are proposed to serve the development. Right turns onto 64th Street from the development will be prohibited to minimize traffic in the adjacent neighborhood and utilities will be upgraded to accommodate the new building. Greenspace, including a tot lot, will be provided for use by the residents. The development also sets aside an area for an enhanced transit facility to serve the neighborhood as a whole. 5. The development will not have undue adverse impacts on neighboring properties. Traffic in the neighborhood will be minimized. by prohibiting right turns out of the development onto 64th Street. This movement is not currently prohibited from the commercial development. The site has been designed to locate the building closer to Lyndale Avenue and farther from the single-family properties to the east. The parking lot will be screened with a privacy fence and landscaping. 6. The terms and conditions proposed to maintain the integrity of the plan are sufficient to protect the public interest. The final development plan, which establishes the terms and conditions of the development, will be used to meet this requirement.. The final development plan will be considered in conjunction with the second reading of this ordinance on September 14, 2010. • In May the City Council approved a resolution creating the Woodlake Housing Tax Increment Finance District. • On April 12, 2010 the Planning Commission found that the proposed development was consistent with the Comprehensive Plan (5-1). • A public hearing was held before the Planning Commission on July 26, 2010. • The Planning Commission recommended approval of the proposed rezoning and development (4-3). • The rezoning of property requires two readings before the City Council. A second reading is scheduled for September 14, 2010. • Consideration of the Final Development Plan and Conditional Use Permit will also take place on September 14, 2010. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • The required application fee has been paid. D. LEGAL • 60-DAY RULE: The 60-day clock `started' when a complete application was received on July 14, 2010. Notice of a deadline extension (up to a maximum of 60 additional days) was sent on August 2, 2010. A decision must be given to the applicant by November 11, 2010. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Deny the request for rezoning with findings that the criteria necessary for the creation of a Planned Unit Development are not met. V. ATTACHMENTS • Ordinance • Proposed site plan • Planning & zoning maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representatives of Michael Development ~~,I BILL NO. 2006- AMENDMENT TO SECTION APPENDIX 1 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD (Lyndale Commons Planned Unit Development Plan and Rezoning) THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Findings of-Fact. The City Council hereby makes the following findings of fact: A. The City's zoning ordinance establishes zoning classifications for individual property. The properties located at 6401 Lyndale Avenue, 515 64t" Street West and 521 64th Street West are zoned C-2 (general commercial) and R (single family residential) [the "subject area"]. B. Michael Development has submitted an application to the City for a planned unit development plan [the "PUD plan"] in the subject area. The PUD plan proposes to construct 90 residential units and 119 parking stalls. C. The City has reviewed the zoning ordinance and determined that it would be appropriate to rezone. the subject area as PMR (planned multi-family residential) and approve the PUD plan to establish the regulations governing the PMR district. D. The Planning Commission has conducted a public hearing concerning the PUD plan and amending the zoning ordinance in the subject area. The Planning Commission recommended approval of the PUD plan and zoning ordinance amendment on July 16, 2010 following. a public hearing. The City Council held a first reading of the rezoning on August 9, 2010 and second reading and consideration of the PUD plan on September 14, 2010. E. The City's zoning ordinance provides criteria for approving a PUD plan and rezoning of property to a planned unit development. The City Council finds that the PUD plan and rezoning of property in the subject area meets the criteria in the following ways: 1) The proposed development conforms with the goals and objectives of the City's Comprehensive Development Plan and any applicable redevelopment plans: a) The City's Comprehensive Plan designates these properties as part of a larger mixed use district encompassing the 66th Street and Lyndale Avenue Area. b) The Comprehensive Plan describes the intent in this area "is to continue the expansion of the city center area by incorporating residential housing at 50+ units per acre..." ~A~a c) The PUD plan and rezoning are also consistent with the following Comprehensive Plan Houisng Policy: "Encourage the creation of `move-up' housing through new construction and home remodeling." d) The PUD plan and rezoning are consistent with the Comprehensive Plan goal. to, "Ensure sufficient diversity in the housing stock to provide for a range of household sizes, income levels and needs." 2) The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries: The building is designed to provide on-site amenities like greenspace and parking to the residents. The proposal also connects the site to the neighborhood through sidewalk connections. 3) The development is in substantial conformity with the purpose and intent of the original MR-3 zoning district, and departures from the original district regulations. are justified by the design of the development. Setbacks have been reduced to provide for a more interesting building design, the incorporation of a large plaza area to be visible from Lyndale Avenue and to maximize tree preservation and usable green space. 4) The development will not create an excessive burden on parks, schools, streets, or other public facilities and utilities which serve or are proposed to serve the development: Right turns onto 64th Street from the development will be prohibited to minimize traffic in the adjacent neighborhood and utilities will be upgraded to accommodate the new building. Greenspace, including a tot lot, will be provided for use by the residents. The development also sets aside an area for an enhanced transit facility to serve the neighborhood as a whole. 5) The development will not have undue adverse impacts on neighboring properties: Traffic in the neighborhood will be minimized by prohibiting right turns out of the development. This movement is not currently prohibited from the commercial development. The site has been designed to locate the building closer to Lyndale Avenue and farther from the single-family properties to the east. The parking lot will be screened with a privacy fence and landscaping. 6) The terms and conditions proposed to maintain the integrity of the plan are sufficient to protect the public interests: A final development plan, which establishes the terms and conditions of the development, is required before construction can commence. Section 2. Appendix 1 of the zoning ordinance code of the City of Richfield entitled "Richfield Zoning Code: Boundaries of Zoning Districts" is hereby amended: A. Section 3, Paragraph (26) is amended to read as follows: '1A'3 (26) M-5 (E of Lyndale between 64th and 65th) Lots 3 through 5 and Lots x-1-18 through 20, Block 6, Lyndale Oaks Addition except for the Northwesterly 25 feet of Lot 18; .and Lot 2, Block 2, J.N. Hauser's Second Addition. (Amended, Bill No. ). B. Section 8, new paragraph (6) is added to read as follows: (6) M-5 (Southeast corner of Lyndale Avenue and 64t" Street West) Lots 10_through 17 and the Northwesterly 25 feet of Lot 18, Block 6, Lyndale Oaks Addition, together with that part of the vacated alley that accrued to said Lots by reason of the vacation thereof. (Added, Bill No. ). Section 3. This amendment constitutes a rezoning of the following property: R to PMR: 515 64th Street West C-2 to PMR: 6401 Lyndale Avenue South and 521 64th Street West Section 4. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 14th day of September, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 4 5 ~ 6 ~, 1 2 3 ~~ ;~ ,_. I SINLS 1 P/11x16 WINi: ~~ -. t ~~ ,:~~ __ ~ ' i _ ~~ggAR,PMR10.~lADD: ~~I~ re~ltt~a9• ~" 10VL PARDR tdnf: . fll RALLS 1 ~n P9aa a PARRIC•RRL4 f9 srnts an ~ ~ E aRRlo ^R~9us ~ • , ¢mn oPnc - r 10 sous I \.,' / tlCf s~9xla _ •• f0iN DR S1Nt4 ~ EaRR ORfO M ~~ 9o RRIS P RawDl', I ~. i !Ngsem ~..~.._.^ ~' ~ ,'n.~. ~ ~ I __ ~ ~~ ? ... l~f .~ 1.~. ..~..~.~.~.~.. ~~ .wR ~ ..~~ runwr wro,[tt wu ~ ~ b ~ ~ ~ --- Proor a P >+ ~~ 4. R,w~urm.orRa '.. soRa r/ 7p 9Yp1 Rnm -- ssRts ' I ~, Y~.'.~ ~-_- I I LYNDALECOMNONS - ...~`~r..a.a ~,, ~ „~ ~w-v i ~ ----~ muo'~um.uo~oa ~ NIRURO Rol I I I N9ILYNDALCAYFNUE80Ntl .asm° RRODUau ~ \ ~___ - ;... .:.. 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I I.-¢rA 10-plRfl ®Ix ~\ ~ // PRR~LY NMI . I I I I ~ ¢ ` I I L_~ ~ l9 ` i PRNACY FENCE SECRINV ~ 4 uu[: i.yruw~ ~¢ 9Y-6' ~¢ 98'-0' ~¢ 97-7 91 _ ~~ 9Y-7 ~ ~ ,` ~ \\ Y ~ \ ^ ~~\ Q4n ,\I(iN ANRG ~`~\~ v ~\-~' ,Y v~ B B \. ¢ 9~- ~~ `~ ` ~ ~ ` `. 'P. ~ I I I ~ ~~, '`~~ , l9EMGl Dwxl ~¢ BY-7 ~~ ~, , II ~ V `. II II II b ^, RY417[ II II ., ~ 97 R9n1R ROt ItlYPL1N I I I I ~ Q ~\ ( ~¢ 97.0' ~ DA7E: ¢¢7911 II II II ~~~ _-LI--_-__--_-_-_- ~\ r ------ ~~~ ~ ~~.^ ~~~ ~' NOT FORCONSIRUCIION PRNACY FENCE ELEVATION ^ ~~ ~ ~~ `~ ~~ ~t 9sa• 3 xuean+ra ~~ ~ ~ ~ ~~ ~ wtt w >~' 00 RoxIR aax \ ~' IDfSfMF Rtl tlD ORDM fM I W 9R Sa IIIORIR ~ YA79NR PBO.F 9IN14f r-u' ~Dm sRbtll' 9DRS `'`~¢ w-z ~r LYNUAL ~~ tOP7RSG97 ~ ~ ~ ~i` ma,~~n: as•IR ~9P~,:., .R~„R ' CO 5 ---t I - ~ mwx er n-^~ +; I: ~ ~~ q [He~9 R: ¢ ~` DR7 «la .. vF0 n~ t--- -'-------- -~------------ SITE PLAN ~" SITE PLAN ~~ MONUMENTSIGNAGEELEVAT]ON 1 ~u,~.,,,,. ~ ~:~I•.iq ~ ^^ ~ A•OO1 1 ~ 2 ~ 3 4 ~;, 5 :,:., ~` LYNDALE COMMONS PROJECT PROPOSAL 7/10 Surrounding Comprehensive Plan Designations ~~ MHD I MHD LDR LDR LDR LD MIXED i MHD MHD MHD MHD LDR LDR LDR LDR 3S~ FT 64TH STREET WEST MIXED LDR PROPOSED P R ZO ING MIXED MIXED MIXED MIXED LDR ~~ MIXED ~Q MIXED LDR q~ ~ 9 ~ MIXED LDR F ~GF MIXED MIXE~ MIXED MIXED MIXED MIXED I I 0 62.5 125 250 375 500 Feet LEGEND CC -Community Commercial LDR -Low-Density Residential MHD -Medium-High Density Residential MIXED -Mixed Use - I:\GIS\Community Development\StafflMelissa\Projects\Zoning Cases\Lyndale Commons - CP.mxd VIONS PROJECT P Surrounding Zoning. ROPOSAL 7/10 rl C-2 MR-3 R R C-2 R C-2 MR-1 MR-1 MR-1 R R R MR-1 M 1 3S~ '~T 64TH STREET WEST PROPOSED P R ZO ING R R R C-2 PC-2 R R R R C-2 `~ ti0 R R R 9~ F 9 GF R R R ~GF PC-2 ~ \ C-2 I C-2 /I R C-2 C-2 C-2 MR-3 0 62.5 125 250 375 500 Feet ~ J:\GIS\Commun LEGEND R -Single-Family Residential MR-1 -Two-Family Residential MR-2 -Multi-Family Residential MR-3 -High-Density Multi-Family Residential PMR -Planned Multi-Family Residential C-2 -General Commercial PC-2 -Planned General Commercial ~lissa\Projects\Zoning Cases\Lyndale Commons - Z.mxd AGENDA SECTION: Consent AGENDA ITEM # 4B REPORT # r I, n STAFF REPORT CITY COUNCIL MEETING AUGUST 9, 2010 REPORT PREPARED BY: KRISTIN ASxER, CITY ENGINEER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATU REVIEWED BY CITY MANAGER: ~~~ ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of ordinances relating to the enforcement of the Minnehaha Creek Watershed District Rules B, C, D and N and schedule the second reading. I. RECOMMENDED ACTION: By Motion: 1. Approve the first reading of new and amended ordinances related to Minnehaha Creek Watershed District's Rule B (Erosion Control), Rule C (Floodplain Alteration), Rule D (Wetland Protection), and Rule N (Stormwater Management) 2. Schedule the second readina for September 14. 2010 IL BACKGROUND MaintainingMaintaining Re~utatory AuthorityAuthority Much of the eastern section of Richfield falls within the Minnehaha Creek Watershed District (MCWD). The City has sole regulatory authority within city boundaries with respect to MCWD Rules B (erosion control), C (floodplain alteration), D (wetland protection) and N (stormwater management). In order to maintain regulatory authority of these rules, the attached City Ordinance and Zoning Code Amendments must be approved by the City Council. Memorandum of Understanding The MCWD rules apply to properties within the watershed district boundaries even without the City adopting the proposed amendments. On July 14, 2009 the City 080910StormOrdinances Council approved a Memorandum of Understanding (MOU) between the MCWD and the City allowing the City to maintain exercising sole regulatory authority within City boundaries with respect to matters subject to regulation under MCWD Rules B, C, D, and N. As part of the MOU agreement the City also agreed to update the City Ordinances and Zoning Code to comply with the District's rules. Minnehaha Creek Watershed District's 2005 Rules The proposed code amendments support the following 2005 MCWD regulations: ^ Allowing the City to require an applicant to provide a bond or other financial guarantee that the installation and maintenance of erosion control measures will comply with existing rules. ^ Requiring the establishment of buffers when land alterations are made below the 100 year floodplain. This ordinance impacts residents that live adjacent to both Milner's and Norby's Ponds. ^ Wetland protection consistent with the Wetland Conservation Act referring to wetland replacement and required buffer within the MCWD jurisdiction. ^ Specific buffer requirements for areas within the MCWD jurisdiction. The Floodplain Alteration Rule D buffer requirements triggered an amendment to the zoning code, subsequently the Planning Commission held a public hearing on the proposed Subsection 550.34 on July 26, 2010. The rule requires a 30 foot buffer on both Norby's or Milner's Ponds Jn the event a property owner is permitted for filling or altering land within the 100-year floodplain. Two residents raised concerns regarding the buffer requirements. The proposed new and amended ordinances impact property within the jurisdiction of the MCWD where the rules are already in place. Therefore, the purpose of amending the ordinances. is for the City to maintain regulatory authority which allows the City to interpret the rules on behalf of the District. Minnehaha Creek Watershed District's Rulemakina Process The MCWD is currently in the process of rewriting their rules. Once their new rules are adopted and enacted, the City will have 180 days to amend the City ordinances accordingly to stay in compliance with the MOU and maintain permitting authority. III. BASIS OF RECOMMENDATION 1~. POLICY • Consistent with Subsection 547.07 of the Zoning Code, the Planning Commission held a public hearing on July 26, 2010 to address the proposed Subsection 550.34. After the public hearing the Planning Commission moved to recommend approval of the proposed amendment as presented. B. CRITICAL TIMING ISSUES • In accordance with the MOU approved in 2009, the City agreed to adopt ordinances that refer to and require the regulations in MCWD Rules B, C, D and N in those areas of the City that fall within the MCWD jurisdiction. C. FINANCIAL • N/A D. LEGAL • The proposed ordinance amendments were prepared by the City Attorney. E. ENVIRONMENTAL CONSIDERATIONS • The MCWD strives to protect, improve and manage surface waters and affiliated ground water resources within the District. The proposed rules support this mission. IV. ALTERNATNE RECOMMENDATION~S~ • The Council may choose not to approve the first reading of the amended ordinances and direct staff on how to proceed. V. ATTACHMENTS • Proposed Amendments to Erosion and Sedimentation Control Ordinance - Subsection 428.03 • Proposed Floodplain Management Regulation -Subsection 550.34 • Proposed Wetland Protection Ordinance -Section 427 • Proposed Stormwater Management Regulation -Subsection 429.06 • Watershed District Map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. ~~-I CITY OF RICHFIELD ORDINANCE NO. AN ORDINANCE RELATING TO EROSION AND SEDIMENTATION CONTROL REGULATIONS; AMENDING SECTIONS 428.03, 428.05, 428.11 and 428.13 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 428.03 of the Richfield City Code is amended to read as follows: 428.03. Administration. The City Council hereby designates the Building Official as the Administrator of this Section. Erosion control plans shall be reviewed and approved under the existing building permit process. Applications for a permit shall include information reauired by this Code. Applications for a permit for projects within the Minnehaha Creek Watershed District jurisdiction shall include anv additional information reauired for an application under Minnehaha Creek Watershed District. Rule B. A fee in addition to the building permit fee is not required for erosion control plan review. Section 2. Subsection 428.05 of the Richfield City Code is amended to read as follows: 428.05. Performance standards for erosion and sedimentation control. The design, testing, installation, and maintenance of erosion and sediment control operations and facilities shall adhere to the standards and specifications contained in the Minnesota Pollution Control Agency's handbook of best management practices entitled, "Protecting Water Quality in Urban Areas" dated 1989, as amended.-, or if a facility or measure is not addressed in that handbook, then to the provisions of the "Erosion and Sediment Control Manual" (Hennepin Conservation District. 1989, as revised. Section 3. Subsection 428.11 of the Richfield City Code is amended to read as follows: 355011v2 CLL RC145-364 ~{B ~ 428.11. Erosion control plans. Subdivision 1. Land disturbing activities not exempt from this Section shall be required to have an approved erosion control plan on file with the City prior to commencement of construction. Subd. 2. The erosion control plan shall contain all information necessary for the City Engineer to determine that adequate erosion control and sedimentation measures are proposed. The plan shall include a topographic map showing existing and proposed contours, location of any natural water courses, storm sewers, and drainage ways. The extent of the land disturbing activity and any erosion control measures shall be shown on the submitted erosion control plan. Unless otherwise authorized by the administrator the following information shall be submitted with the site map and grading plan: (a) Existing and proposed topography of the site showing contour intervals of no less than two ~2 feet. (b) Contour lines extending beyond the property boundaries for a distance sufficient to show the relationship between on- site and off-site drainage, "~ ~+ ;., .,,, ,.~~o ~o~~ +"", ~ nn feo+ (c) Property lines shown in true location with respect to topographic information on the plan. (d) Location and graphic representation of all existing and proposed natural and man-made drainage facilities. (e) Detailed plans of any surface and sub-surface drainage devices, walls, cribbing, dams, and other devices to be constructed with or as part of the proposed work and a map showing the drainage area and the estimated runoff of the areas served by any drain. (f) Location and graphic representation of proposed excavation, fill, on-site storage of soil and other earth material, and on- site disposal of earth material. (g) Location of proposed final surface runoff, erosion and sediment control measures. (h) Quantity, in cubic yards, of soil or earth material to be excavated, filled, stored or otherwise utilized on-site. (i) Outline of the methods to be used to clear vegetation and to store and dispose of cleared vegetative matter. 355011v2 CLL RC145-364 2 N~ 3 Q) Proposed sequence and schedule of excavation, filling, and other land disturbing and filling activities, and soil or earth material storage or disposal. (k) Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on adjacent properties that are within fifteen (15) feet of the property line of the subject property or that may be affected by the proposed grading operations. (I) A narrative report summarizing the proposed erosion control measures shall be submitted. This report shall describe the timing of the installation, phasing, stabilization of all erosion control structures, and maintenance and eventual removal of all erosion control structures. m) For land disturbina activities within the Minnehaha Creek Watershed District jurisdiction. anv other information reauired for an application by Minnehaha Creek Watershed District, Rule B. Section 4. Subsection 428.13 of the Richfield City Code is amended to read as follows: 428.13. Maintenance of erosion control measures. Subdivision 1. It shall be responsibility of the owner/developer to maintain all erosion control structures in a condition that will ensure continuous functioning of those devices. If, after the installation of the erosion control structure, the City Engineer determines that additional measures are needed, they shall be installed at the expense of the owner. Subd. 2. Any erosion or sediment that runs off or blows off the site onto adjoining properties, City streets, storm sewer, etc. shall be the responsibility of the owner or developer for clean-up and restoration. If the owner fails to properly clean up or restore all areas affected by erosion, the City will hire a contractor to complete the work and bill the owner for the expenses associated with the clean-up~"e n~"n,or,+ „f ,~hT~ i~ r7~ ~o ,e,i+hir~ +on rlw~ .,f ronoir~+ h., +ho n,e,r,or. Failure to maintain these measures shall be a violation of this Section. Subd. 3. The Citv may reauire an aa_alicant to arovide a bond or other financial auarantee in form satisfactory to the City to auarantee the installation and maintenance of erosion control measures and comaliance with the reauirements of this Section. 355011v2 CLL RC145-364 Ng ~ Section 5. This ordinance is effective in accordance with section 3.09 of the Richfield City Charter. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 355011v2 CLL RC145-364 4 ~~ J CITY OF RICHFIELD ORDINANCE NO. AN ORDINANCE RELATING TO FLOODPLAIN MANAGEMENT REGULATIONS; AMENDING THE RICHFIELD ZONING CODE BY ADDING SUBSECTION 550.34 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The Richfield City Code is amended by adding the following new subsection 550.34: 550.34. Buffers required. Subdivision 1. No alteration or filling of land below the 100-year floodplain will be permitted without providing for a buffer meeting the requirements of City Code, Subsection 429.06. Section 2. This ordinance is effective in accordance with section 3.09 of the Richfield City Charter. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 355768v2 CLL RC145-364 ~~~ CITY OF RICHFIELD ORDINANCE NO. AN ORDINANCE RELATING TO WETLAND PROTECTION; AMENDING CHAPTER IV OF THE RIGHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Chapter IV of the Richfield City Code is amended by adding the following Section: Section 427 -Wetland Protection 427.01. Purpose. The purpose of this section is to achieve the policies described in the city's surface water management plan relating to wetland management. 427.03. Administration. The City will act as the Local Government Unit (LGU) for administration of the Wetland Conservation Act, Minnesota Statutes, Sections 103G.221 through 103G.2372 (WCA). 427.05. Buffer. No activity requiring a permit under the WCA will be permitted without providing for a buffer meeting the requirements of City Code, Subsection 429.06. 427.07. Wetland filling, draining and dredging regulations. The Wetland Conservation Act, as amended, and the rules implementing the Wetland Conservation Act as set forth in Minnesota Rules, chapter 8420, as amended, are incorporated as part of these regulations and shall govern draining, filling, and dredging in wetlands with the following additional requirements: Subdivision 1. Replacement for excavation in wetlands that is not subject to the WCA shall be at a ratio of one acre of replaced wetland for each acre of excavated wetland, but only where such excavation is in wetlands within the jurisdiction of the Minnehaha Creek Watershed District. Subd. 2. Wildlife habitat. Excavations in wetlands for the purposes of wildlife habitat enhancement must comply with the criteria described in the DNR publication "Excavated Ponds for Waterfowl" (1992). Subd. 3. Wetland improvement. Excavation shall be deemed self- replacing if an applicant demonstrates that the wetland to be excavated is 356240v2 CLL RC145-364 ~j5 ~ degraded; the proposed activity would increase the wetland's function and value, as determined using the current version of the Minnesota routine Assessment Method or other method approved by the City; and the enhanced wetland function and value are likely to be preserved. Subd. 4. Replacement wetlands.. Wetland replacement, where permitted, shall occur in the same subwatershed as the associated wetland impact when the wetland impact is within the jurisdiction of the Minnehaha Creek Watershed District. Sec. 2. This ordinance is effective in accordance with section 3.09 of the Richfield City Charter. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 356240v2 CLL RC145-364 2 .{p,1 CITY OF RICHFIELD ORDINANCE NO. AN ORDINANCE RELATING TO STORMWATER MANAGEMENT REGULATIONS; AMENDING THE RICHFIELD CITY CODE BY ADDING SUBSECTION 429.06 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The Richfield City Code is amended by adding the following new subsection 429.06: 429.06. Buffers required; Special rule for Minnehaha Creek Watershed District. Subdivision 1. Within the jurisdiction of the Minnehaha Creek Watershed District, no activities requiring a permit under this subsection will be permitted without providing for a buffer of the following width adjacent to each wetland and public waters wetland: Size of Wetland Width of Buffer Zone 0 - 1 acre 16.5 feet 1 - 2.5 acres 20 feet 2.5 - 5 acres 25 feet Over 5 acres 35 feet Subd. 2. The buffer is required on that part of the wetland edge that is downgradient from the land disturbance and around each wetland that will be disturbed. Subd. 3. The buffer shall be documented by declaration or other recordable instrument approved by the City and recorded in the office of the county recorder or registrar before activity under the City permit commences. A buffer on public land or right-of-way may be documented in a written agreement executed with the Minnehaha Creek Watershed District in place of a recorded instrument. The agreement shall state that if the land containing the buffer is conveyed, the public body shall require the buyer to comply with this subsection. Subd. 4. Buffer vegetation shall not be cultivated, cropped, pastured, mowed, fertilized, subject to the placement of mulch or yard waste, or otherwise disturbed, except for periodic cutting or burning that 355772v2 CLL RC145-364 ,fig promotes the health of the buffer, actions to address disease or invasive species, mowing for purposes of public safety, temporary disturbance for placement or repair of buried utilities, or other actions to maintain or improve buffer quality, each as approved by City staff or when implemented pursuant to a written agreement executed with the City. Pesticides and herbicides may be used in accordance with Minnesota Department of Agriculture rules and guidelines. No new structure or hard surface shall be placed within a buffer. No fill, debris or other material shall be excavated from or placed within a buffer. Section 2. This ordinance is effective in accordance with section 3.09 of the Richfield City Charter. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 355772v2 CLL RC145-364 0 0 N O 0 0 1..~ ~ ~ ~ z S 5 n v ., v s S s ~ s XERXES y ~'~ WASHBURN p~ ~ VINCENT U PTON ~~ THOMAS SHERIDAN RUSSELL ' 'es a QUEEN PENN OLIVER ~~ NEWTON n $ a M OR GAN I V c9 LOGAN ~' KN OX '~ b JAMES O ~ _ ~ IRVING ~~ HUMBOLDT GIRARD O ~ $Njs FREMONT e ~ EMERSON y DUPO NT C OLFAX BRVANT '~ ALD RICH LYNDALE ~3 : GARFIELD O ~ ~ b ~ i ~ ~ 3 HARRIET GRAND F\ 8Fe PLEASANT , PILLSBURY WENTWORTH `''/ ;~~ `e „ BLAISD ELL i A ^ =fir j ~`4 ;] A;] NICO LLET ,st STEVENS 2nd .° 3rtl ,cfi $°i ~ CLINTON 'R 4th i 5 T~ ~~ 5th h E4 r Y ~ :, PORTLAND OAKLAND PARK ..,, J ~~ . COLUMBUS I.yy~.~yj~ ® . ,~,{y ~® y~~,~,,~, {.~,~~y~j~yy ®® y~j.~y {I~ j~ ~y . ~~RI CHICAGO -~^^-,.-~ s -- .1-- ~-. rrrr,^rx'n G?' fYT^~ >.~^+-!T* n rt' Tfn mTTin 1^.TIiiTTT: Tl?~!T IR~ RTTT7'IT• !~TRTf E LLIOT 10th ~ , S 11th 8~i 1zm 13m 14th 15th ~ BLOGMINGTON as ' 16th - 3 ~'' 17m ~ c ~~~ D r ~ ? ~ ~ m ~~ ~ ~ ~ ~ 3 ~_ ~ rn m v `~ ~ ° v 'ak r, 55f t ~H ~~ 9 T ~~ A s ~ s ~ ~ a _ ,. T ~ T s s T a a XERXES N ~~ WASHBURN ~ `F,l' VINCENT UPTON THOMAS SHERIDAN RUSSELL ~ ^ O UEEN PENN O LIVER v\ NEWTON MORGAN O LO GAN KN OX JAMES IRVING HUMBOLDT GIRARD FREMONT EMERSON DUPONT COLFAX ~ ^ BRVANT ALD RICH LVNDALE ~ GARFIELD HARRIET GRAND PLEASANT PILLSBURY WENTWORTH BLAIS DELL NICOLLET ^ ^ ,st STEVENS 2nd C/AJ 3rtl I CLINTON 4th sm PORTLAND OAKLA NO PARK COLUMBUS CHICAGO ELLIOT 10th ~/AJ~ ^ 11th I 1zm Ism 14th 15th /`AJ\~ ^ BLOOMINGTON 16th ~C/AJ 17th I 18th ceunR -~, AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING AUGUST 9, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: First reading of three ordinances pertaining to (a) inspection and regulation of public swimming pools; (b) inspection and regulation of food establishments; and (c) inspection and regulation of lodging establishments; and schedule second reading on each ordinance for September 14, 2010. I. RECOMMENDED ACTION: . By separate motions: ^ Approve first reading of an ordinance amending the City Code pertaining to inspection and regulation of public swimming pools, and adding a new Section 619 for public pools. Schedule second reading for September 14, 2010; and, ^ Approve first reading of an ordinance repealing Subsections 615.01 through 615.85 and adding a new section 617 for regulation of food establishments. Schedule a second reading for September 14, 2010; and ^ Approve first reading of an ordinance repealing subsections 1190.01 through 1190.25 and adding a new Section 618 for regulation of lodging establishments. Schedule a second reading for September 14, 2010. 0809 First Reading Pool, Food and Lodging Ordinances BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER II. BACKGROUND The City's codes relating to food, public pools and lodging must be updated from time to time to include the adoption of appropriate State Statutes and Rules in order to be in compliance with the State of Minnesota. It has been years since this process was undertaken in the City of Richfield. The Minnesota Department of Health is requiring that the ordinances be updated and brought into compliance with State Statutes before the State will approve a renewed delegation agreement that would give Richfield the ability to inspect, license and regulate food, lodging establishments and public pools. III. BASIS OF RECOMMENDATION A. POLICY • These code amendments are enacted to establish standards for the regulation of food establishments, lodging establishments and public pools in Richfield to protect the health, safety and general welfare of the public pursuant to the powers granted under Minnesota Statutes, Chapter 145A. • This only addresses public pools. Private pools are addressed separately. B. CRITICAL TIMING ISSUES • These code updates must be. instituted before the City of Richfield can renew its delegation agreement with the Minnesota Department of Health to conduct these activities. The Delegation Agreement will be brought to the City Council for approval at the September 14, 2010 Council meeting. C. FINANCIAL • N/A D. LEGAL • The City Attorney's office has reviewed these code changes and approves of them. E. ENVIRONMENTAL CONSIDERATIONS • The principal objectives of these updates are to continue to prevent illness, to correct and prevent conditions that may adversely affect persons utilizing licensed establishments, to provide consistent standards for design, construction, operation and maintenance of licensed establishments and to meet the consumer expectations of the health and safety of licensed establishments. IV. ALTERNATIVE RECOMMENDATION(S~ The Council could decide not to approve of the code changes being made which would result in the City not being able to ultimately enter into a renewed delegation agreement with the Minnesota Department of Health. This would mean that the City could no longer charge license fees and inspect properties within the areas of food establishments, lodging or public pools. V. ATTACHMENTS • Proposed ordinances VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None CITY OF RICHFIELD ~~'I ORDINANCE NO. AN ORDINANCE AMENDING THE RICHFIELD CITY CODE BY ADDING A NEW SECTION 619; PERTAINING TO INSPECTION AND REGULATION OF PUBLIC SWIMMING POOLS IN THE CITY OF RICHFIELD. THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Chapter 6 of the Richfield City Code is amended by adding a new Section 619 as follows: Section 619 -Public Pools 619.01. Findings and Purpose. This section is enacted to establish standards for the regulation of public pools in Richfield in order to protect the health, safety and general welfare of the public pursuant to the powers granted under Minnesota Statutes, Chapter 145A. The principal objectives of this section of the City Code are to prevent illness, to correct and prevent conditions that may adversely affect persons utilizing public pools, to provide consistent standards for design, construction, operation and maintenance of public pools, and to meet the consumer expectations of health and safety of public pools. For the purpose of prescribing regulations governing public pools, the City of Richfield hereby adopts Minnesota Rules, Chapter 4717.0.150 through 4717.3975, and Minnesota Statute Section 144.12222 as may be amended or recodified from time to time. 619.03. Definitions. Subd. 1. "Health Authority" means the City of Richfield Public Safety Department and its qualified designated employees or agents as the Richfield City Council may designate. Subd. 2. "Issuing Authority" means the City of Richfield Public Safety Department and its qualified designated agents as the Richfield City Council may designate. Subd. 3. "Pool" is defined in Minnesota Rules, Part 4717. Pools include, but are not limited to, lap pools, spa pools, special purpose pools, wading pools, spray decks and interactive water features where the water is recirculated. Subd. 4. "Public Pool" is defined in Minnesota Rules, Part 4717. Public pools include, but are not limited to, pools operated by a person in a park, school, licensed childcare center, group home, motel, camp, resort, apartment building, club, condominium, hotel, manufactured home park or political subdivision. ~c-~ 619.05. Authority. The City of Richfield regulates public pools through delegation of authority from the Minnesota Department of Mealth and in conjunction with the City of Bloomington, Minnesota. 619.07. License Required. No person shall operate a public pool within the City of Richfield or engage in any enterprises described in this section, without first obtaining and having a valid license as provided herein. The application for such license shall be made on forms furnished by the City of Richfield and shall describe the general nature of the business, its location, and any other information deemed necessary by the City. The application must be in the name of the owner of the real property on which the licensed premises are situated and bear the signature of the owner or that of the owner's authorized agent. 619.09. License Fees. License fees shall be as set forth in Appendix D of this Code. Initial and renewal licenses shall be issued for the calendar year for which application is made and shall expire on December 31 of such year. License renewals shall be obtained on an annual basis. 619.11. License Application Execution, Verification and Consideration. Subdivision 1. Execution. If the application is that of an individual, the application shall be signed and sworn to by that person; if of a corporation, by an officer thereof; if of a partnership, by one of the general partners; if of an unincorporated association, by the manager or managing officer. Subd. 2. Verification. Applications for licenses under this section shall be submitted to the Issuing Authority. The Issuing Authority is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant. The issuing authority may also accept the reports of other governmental inspection agencies. Subd. 3. Consideration. Within a reasonable period after the completion of the license verification process by the Issuing Authority, the Issuing Authority shall accept or deny the license application in accordance with this section. If the application is denied, the Issuing Authority shall notify the applicant of the determination in writing. The notice shall be mailed by regular mail to the applicant at the address provided in the application and it shall inform the applicant of the applicant's right, within twenty (20) days after receipt of the notice by the applicant, to request an appeal of the Issuing Authority's determination to the City Council. If an appeal to the City Council is timely received by the Issuing Authority, the hearing before the City Council shall take place within a reasonable period after receipt of the appeal by the Issuing Authority. 619.13. Persons and Locations Ineligible for License. Subdivision 1. Persons Ineligible. No license shall be granted if the applicant: ~C~'~ (a) Is not a citizen of the United States or a resident alien, or does not have the legal authority to work within the United States; (b) Is not of good moral character and repute; (c) Is not eighteen (18) years of age or older on the date the application is submitted to the Issuing Authority; (d) Has been convicted of a crime that directly relates to the occupation herein licensed, as defined by Minnesota Statutes, Section 364.03, subdivision 2, as amended, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the occupation to which this license applies as defined by Minnesota Statutes, Section 364.03, subdivision 3, as amended; (e) Has had a license similar to this section's license revoked by any other government body within three (3) years before the application date; (f) Has been denied a license by the City because of circumstances, which occurred within three (3) years before the application date; (g) Has violated any provision of this section within three (3) years before the application date, or has violated any provision of this section during the application period pending the issuance of the license; (h) Has falsified any information or omitted material information required by this section; or (i) Owes taxes or assessments to the state, county, school district, or City that are due and delinquent. Subd. 2. Locations Ineligible. The following locations shall be ineligible for a license under this Division: (a) Taxes due on property. No license shall be granted or renewed for operation on any property on which taxes, assessments, or other financial claims of the State, County, School District, or City are past due, delinquent, or unpaid. In the event a suit has been commenced under Minnesota Statutes, Section 278.01 - 278.13, as amended, questioning the amount or validity of taxes, the City Council may, on application, waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becoming due. (b) Improper zoning. No license shall be granted or renewed if the property is not properly zoned under Chapter 5 of this Code unless the use is a legal, nonconforming use. ~c-~ 619.15. Multiple Public Pools. Public Pool means each separate water recirculation system as in Minnesota Rules, Chapter 4717.2550. Where a property has more than one pool located upon it, a separate license shall be obtained for each pool. 619.17. Additional Health and Safety Standards. This Article specifically adopts the following additional standards for health and safety to Minnesota Rules, Chapter 4717: Subdivision 1. When the public pool is not open for use, access to the pool shall be prevented. Subd. 2. Minnesota Rules, Chapter 4717.3970, POOL CLOSURE, C. The pool shall be closed when the disinfection residual exceeds 10 parts per million for chlorine and 20 parts per million for bromine. Pools with disinfection residual of 5 to 10 parts per million chlorine and 10 to 20 parts per million bromine may remain open if all other pool water conditions are met per Minnesota Rules, Chapter 4717.1750. Subd. 3. Depth of the water must be plainly marked at or above the water surface on the vertical pool wall anywhere it is required on the deck in Minnesota Rules, Chapter 4714.2450. 619.21. Suspension or Revocation of a License. Subdivision 1. Temporary Suspension. The Health Authority, with the approval of the City Manager, shall immediately suspend the license of any public pool for the violation of any terms of this section if such violations constitute an imminent public health hazard. Upon notification by the Health Authority of a temporary suspension of license, by posting of the report as set forth at the time of the inspection, the licensee shall forthwith cease operation. The licensee may appeal the temporary suspension in writing to the City Council. Upon notification in writing by the licensee to the Health Authority that all violations for which the temporary suspension was invoked have been corrected, the Health Authority shall reinspect the public pool within two City business days or other reasonable agreed upon length of time. If all violations constituting the grounds for the temporary suspension have been corrected, the Health Authority shall forthwith terminate the suspension. The Health Authority shall not suspend a license if the violation or violations constituting an imminent public hazard can be eliminated or removed immediately. Subd. 2. Suspension or Revocation. The City Council may suspend or revoke a license issued pursuant to this section for a violation of: (a) Fraud, misrepresentation, or false statement contained in a license application or a renewal application. (b) Fraud; misrepresentation, or false statement made in the course of carrying on the licensed occupation or business. ~~~~ (c) Any violation of this section or state law. (d) A licensee's criminal conviction that is directly related to the occupation or business licensed as defined by Minnesota Statutes, Section 364.03, subdivision 2, as amended, provided that the licensee cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation or business as defined by Minnesota Statutes, Section 364.03, subdivision 3, as amended. (e) Conducting the licensed business or occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the community. Subd. 3. Notice and Hearing. A revocation or suspension by the City Council shall be preceded by written notice to the licensee and a hearing. The notice shall give at least eight (8) days' notice of the time'and place of the hearing and shall state the nature of the charges against the licensee. The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application. 615.23. Plan Review. Construction shall not commence on any new or remodeled public pool or any existing structure converted to a public pool until the Health Authority has reviewed and approved the plans and specifications as set forth in this section. Subdivision 1. Submission of Plans. All building, electrical, plumbing and HVAC plans must be submitted to the building and inspection division and the Health Authority for review and approval. Subd. 3. Plan Review Fees. Fees for plan review of new or remodeled public pools shall be those set by the City. If work has commenced prior to approval of construction or remodeling plans, additional fees may be assessed. Subd. 4. Additional Criteria. The plans and specifications for those public pools reviewed by the Health Authority must include: (a) A survey showing proper setbacks, easements, pool placement, equipment placement, fence location, deck location, impervious surface coverage of the lot, and location of overhead electrical wires; (b) The proposed equipment types, manufacturers, model numbers, dimensions, performance capabilities, and installation specifications; and (c) Fencing plan including type, material, height, gate location and latching mechanism. ~c-~ 619.25. Inspections. Subdivision 1. The Health Authority shall inspect each public pool prior to issuing a license and as deemed necessary by the Health Authority. The Health Authority shall not issue a license until the public pool complies with the standards of this section as demonstrated by a satisfactory inspection. Subd. 2. The Health Authority, after proper identification, shall have the .right to enter and have access to public pool at any time during the conduct of business. Subd. 3. The Health Authority shall inspect each public pool as frequently as necessary during construction, and prior to opening for service to the public, to ensure that construction and operations are in conformance with this section. Subd. 4. The Health Authority shall inspect each public pool at a frequency no less often than State law requires. Subd. 5. The licensee, owner, or operator of a public pool, upon receipt of a health inspection report giving notice of violations of this section, shall. correct or remove each violation in the length of time determined by the Health Authority. Critical violations shall be complied with immediately or within 24 hours if not otherwise specified by the Health Authority. Failure to remove or correct each violation within the specified time period shall constitute a separate violation of this section. The Health Authority may issue orders to halt construction or remodeling, or to take corrective measures to ensure compliance with this section. Subd. 6. The person in charge of the public pool shall make available and allow copying of any and all relevant records necessary to ascertain compliance with this section within a reasonable time period. 619.27. Grounds for Emergency Closure. If any of the following conditions exist, the operator or person in charge may be ordered to discontinue all operations of the public pool until such time as the Health Authority confirms the correction of the violation: Subdivision 1. Failure to possess a license as required by section 619.07, as amended; Subd. 2. Lack of potable, plumbed, hot or cold water to the extent that hand washing or toilet facilities are not operational; Subd. 3. Lack of electricity or gas service to the extent that hand washing, ventilation, lighting, or toilet facilities are not operational; Subd. 4 Significant damage to the public pool due to tornado, fire, flood, or other disaster; Subd. 5. Misuse of poisons or toxic materials; or "' ~~ Subd. 6. The existence of any public health nuisance, as defined in Minnesota Statutes, Section 145A.02, Subdivision 17, as amended. 619.29. Severability. If any subsection, sentence, clause, or phrase of this section is for any reason held to be invalid, such decision does not affect the validity of the remaining portion of this section. The City Council hereby declares that it would have adopted the section in each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses, or phrases be declared invalid. 619.31. Penalty. A violation of this section shall be a misdemeanor under Minnesota law. Civil penalties shall be subject to assessment pursuant to section 13.13 of the City Charter and section 325.30 of this City Code. However, nothing in this section shall be construed to limit the City's other available legal remedies for any violation of the law, including licensing sanctions, criminal, civil, and injunctive actions. In addition, violations or failure to pay civil fines may result in future license ineligibility. Sec. 2. This ordinance shall be effective as provided in section 3.09 of the Richfield City Charter. Adopted this day of , 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk sic-g CITY OF RICHFIELD STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING THE CITY CODE: PERTAINING TO INSPECTION AND REGULATION OF FOOD ESTABLISHMENTS IN THE CITY OF RICHFIELD. THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The Richfield City Code is amended by repealing deleting the entire existing Food establishment Section at Section 615 in its entirety. Sec. 2. The Richfield City Code is amended by adding a new Section 617 as follows: Section 617 -Food establishments 617.01. Findings and Purpose. This section is enacted to establish standards for the regulation of food establishments in Richfield in order to protect the health, safety and general welfare of the public pursuant to the powers granted under Minnesota Statutes, Chapter 145A. The principal objectives of this section of the City Code are to prevent illness, to correct and prevent conditions that may adversely affect persons utilizing licensed establishments, to provide consistent standards for design, construction, operation and maintenance of licensed establishments, and to meet the consumer expectations of health and safety of licensed establishments. For the purpose of prescribing regulations governing food establishments, the City of Richfield hereby adopts the following rules and statutes as may be amended or recodified from time to time: (a) Minnesota Statutes, Chapters 157; and (b) Minnesota Rules, Chapter 4626, except for 4626.1715, subpart B, 4626.1720, subpart B, and 4626.1755 through 4626.1780. 617.03: Definitions. Subdivision 1. "Food Catering Vehicle" is a commercial vehicle used only to transport or store food, tableware, utensils or food equipment with. temperature control and is used as part of a food catering or food retail operation. This does not include personal vehicles used only to deliver foods intended for immediate consumption like pizza, boxed lunches, etc. Subd. 2. "Food Establishment" is defined in Minnesota Rules, Chapter 4626, as amended. Food establishments include, but are not limited to, restaurants, cafeterias, bars, clubs, cafes, coffee shops, grocery stores, delicatessens, convenience stores, lodges, resorts, retail bakeries, retail meat markets, produce stands, group childcare centers, group adult care centers, institutions, public and private schools, satellite or catered serving locations, catering food vehicles, carts, ~ C- I packaged retail food sales, vending machines, mobile food units, special event food stands or other short-term food operations, and similar businesses established .for the service or retail distribution of food and beverages. Subd. 3. "Health Authority" means the City of Richfield Public Safety Department and its qualified designated employees or agents as the Richfield City Council may designate. The term "regulatory authority" in the Minnesota Food Code, Minnesota Rules, Chapter 4626 shall mean the Health Authority. Subd. 4. "Issuing Authority" means the City of Richfield Public Safety Department and its qualified designated agents as the Richfield City Council may designate. Subd. 5. "Potentially Hazardous Food" is defined in Minnesota Rules, Chapter 4626. It also means food that requires temperature control for safety. 617.05. Authority. The City of Richfield regulates food establishments through delegation of authority from the Minnesota Department of Health, and in conjunction with a designee or contractor. 617.07. License Required. No person shall operate a food establishment within the City of Richfield or engage in any enterprises described in this Code, without first obtaining and having a valid license as provided herein. The application for such license shall be made on forms furnished by the City of Richfield and shall describe the general nature of the business, its location, and any other information deemed necessary by the City. The application must be in the name of the owner of the real property on which the licensed premises are situated and bear the signature of the owner or that of the owner's authorized agent. 617.09. License Fees. License fees shall be as set forth in Appendix D of this Code. Initial and renewal licenses shall be issued for the calendar year for which application is made and shall expire on December 31 of such year. License renewals shall be obtained on an annual basis. 617.11. License Application Execution, Verification and Consideration. Subdivision 1. Execution. If the application is that of an individual, the application shall be signed and sworn to by that person; if of a corporation, by an officer thereof; if of a partnership, by one of the general partners; if of an unincorporated association, by the manager or managing officer. Subd. 2. Timing. Applications for- food establishment license shall be submitted to the City at least 30 days before the date the food establishment intends to begin serving food. Subd. 3. Verification. Applications for licenses under this section shall be submitted to the Issuing Authority. The Issuing Authority is empowered to conduct any and all investigations to verify the information on the application, including ~~ ~i~ ordering a computerized criminal history inquiry and/or a driver's license history inquiry on the. applicant. The issuing authority may also accept the reports of other governmental food inspection agencies. Subd. 4. Consideration. Within a reasonable period after the completion of the license verification process by the Issuing Authority, the Issuing Authority shall accept or deny the license application in accordance with this section. If the application is denied, the Issuing Authority shall notify the applicant of the determination in writing. The notice shall be mailed by regular mail to the applicant at the address provided in the application and it shall inform the applicant of the applicant's right, within twenty (20) days after receipt of the notice by the applicant, to request an appeal of the Issuing Authority's determination to the City Council. If an appeal to the City Council is timely received by the Issuing Authority, the hearing before the City Council shall take place within a reasonable period after receipt of the appeal by the Issuing Authority. 617.13. Persons and Locations Ineligible for License. Subdivision 1. Persons Ineligible. No license shall be granted if the applicant: (a) Is not a citizen of the United States or a resident alien, or does not have the legal authority to work within the United States; (b) Is not of good moral character and repute; (c) Is not eighteen (18) years of age or older on the date the application is submitted to the Issuing Authority; (d) Has been convicted of a crime that directly relates to the occupation herein licensed, as defined by Minnesota Statutes, Section 364.03, subdivision 2, as amended, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the occupation to which this license applies as defined by Minnesota Statutes, Section 364.03, subdivision 3, as amended; (e) Has had a license similar to this section's license revoked by any other government body within three (3) years before the application date; (f) Has been denied a license by the City because of circumstances, which occurred within three (3) years before the application date; (g) Has violated any provision of this section within three (3) years before the application date, or has violated any provision of this section during the application period pending the issuance of the license; (h) Has falsified any information or omitted material information required by this section; or ~~~~i (i) Owes taxes or assessments to the State, County, School District, or City that are due and delinquent. Subd. 2. Locations Ineligible. The following locations shall be ineligible for a license under this Division: (a) Taxes due on property. No license shall be granted or renewed for operation on any property on which taxes, assessments, or other financial claims of the state, county, school district, or City are past due, delinquent, or unpaid. In the event a suit has been commenced under Minnesota Statutes, Section 278.01 - 278.13, as amended, questioning the amount or validity of taxes, the City Council may, on application, waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becoming due. (b) .Improper zoning. No license shall be granted or renewed if the property is not properly zoned under Chapter 5 of this Code unless the use is a legal, nonconforming use. 617.15. Food Establishment Licensing Categories and Restrictions: Subdivisions 1. Type I means those food establishments serving on average 500 or more meals per day; having 175 or more seats; or having 500 or more customers per day. Type I establishments include those: (a) Preparing for retail sale potentially hazardous foods that require extensive processing and handling on premises; (b) Cooking or cooling potentially hazardous foods; (c) Offering as a menu item raw or undercooked potentially hazardous meats, poultry products, eggs, fish, shellfish or foods with raw potentially hazardous items as ingredients; (d) Transporting potentially hazardous foods as a catering service; or (e) Conducting food processing that involves smoking, curing, or reduced oxygen packaging. Type I food establishments require a certified food manager as specified in Minnesota Rules, Chapter 4626. They include, but are not limited to, full-service restaurants; counter-service restaurants; food retail delis; institutional kitchens; food manufacturing, packaging, and processing plants; bakeries preparing potentially hazardous foods or detailed decorating; and meat markets with complex processing. A supplemental license shall be required for each additional separate a c -i~- and distinct food facility such as a bakery, kitchen, meat market, grocery store, bar, or serving area facility on the same premises. Subd. 2. Type II means a Type I food establishment serving on average fewer than 500 meals per day; having fewer than 175 seats; or having fewer than 500 customers per day. Type II establishments require a certified food manager as specified in Minnesota Rules, Chapter 4626. Subd. 3. Type III means those food establishments serving or preparing: (a) Mainly non-potentially hazardous foods; (b) Potentially hazardous foods prepared elsewhere and only heated or held cold onsite; and (c) Serving or retailing limited potentially hazardous foods, such as pizza, requiring handling followed by heat treatment. Type III establishments require a certified food manager as specified in Minnesota Rule, Chapter 4626. They include, but are not limited to, such operations as pizza carry-out and delivery; ice cream dipping; heating for hot holding pizzas, precooked bagged soups and wrapped sandwiches made elsewhere intended for customer self-service; bake-off only bakeries; produce departments; meat markets that only cut or grind meat; buffet-style breakfasts with hot held foods or waffle stations; and serving kitchens receiving meals prepared elsewhere. Subd. 4. Type IV means those food establishments having minimal food handling. Type IV establishments are not required to have a certified food manager as specified in Minnesota Rules, Chapter 4626. They include, but are not limited to such operations as, retail sales of cold or frozen packaged potentially hazardous foods; packaged foods where customers may heat the food onsite; hotdogs; ready- to-eat. pizzas and sandwiches made elsewhere delivered for immediate resale according to federal regulations; coffee shops with frothed milk; unpackaged baked goods made elsewhere; continental breakfasts with rolls, juice, coffee, cold cereal, and milk; juice bars with blended drinks; and on-sale bars with mixed drinks. Subd. 5. Type V means those food establishments where non-potentially hazardous food or food products are sold at retail or served in the original container including snack bars, bottled beverages and packaged food products. Type V food establishments are not required to have a certified food manager as specified in Minnesota Rules, Chapter 4626. Subd. 6. Supplemental Facility means any additional distinct or separate food retail or food service facility on the same premises as a Type I or II establishment, including catering food vehicles. Supplemental facilities are categorized as: ~G ~ 13 (a) .High Supplemental Facility having similar food handling operations specified under Type I establishment; (b) Medium Supplemental Facility having similar food handling operations specified under Type III or IV establishment; or (c) Low Supplemental Facility having similar food handling operations specified under Type V establishment. Subd. 7. Temporary Food Establishment is defined in Minnesota Rules, Chapter 4626 and includes special event food stands as defined in Minnesota Statutes, Chapter 157. Temporary Food Establishments are categorized as: (a) Complex Temporary Food Establishment having similar food handling operations specified under Type I and Type III establishments; or (b) Simple Temporary Food Establishment having similar food handling operations specified under Type IV and V establishments. Subd. 8. Farmers' Market Stands meaning those food establishments operating at farmers' markets and not exempt from licensing under Minnesota Statutes, Section 28A. Subd. 9. Vending Machines means devices dispensing unit servings of food that are either a food or beverage machine or a nut, gum ball, or unwrapped candy machine. 617.17. Exemptions or Exclusions. This section shall not include food service operations conducted in and for a house of worship when the food service is limited to preparation, service, or consumption by the members of the house of worship and not advertised to the public. 617.19. Additional Restrictions for Health and Safety. This section specifically adopts the following additional standards for health and safety to Minnesota Rules, Chapter 4626: Subdivision 1. Minnesota Rules, Chapter 4626.0225 PREVENTING CONTAMINATION FROM HANDS, D is amended to read as follows: Food employees not serving a highly susceptible population may contact exposed, ready- to-eat food with their bare hands if: (a) Written procedures are maintained in the food establishment and made available to the Health Authority upon request that include for each bare hand contact procedure, a listing of the specific ready-to-eat foods that are touched by bare hands. ~IC,i~I (b) A written employee health policy that details: (i) Documentation that food employees and conditional employees acknowledge that they are informed to report information about their health and activities as they relate to gastrointestinal symptoms and diseases that are transmittable through food; (ii) Documentation that food employees and conditional employees acknowledge their responsibilities; and (iii) Documentation that the person in charge acknowledges his/her responsibilities. (c) Documentation that food employees acknowledge that they have received training according to Minnesota Rules, Chapter 4626 in: (i) The risks of contacting the specific ready-to-eat foods with bare hands; (ii) Proper handwashing including when and where to wash their hands; (iii) Proper fingernail maintenance; (iv) Prohibition of jewelry; and. (v) Good hygienic practices. (d) Documentation that hands are washed before food preparation and as necessary to prevent cross contamination by food employees during all hours of operation when the specific ready-to-eat foods are prepared. (e) Documentation that food employees contacting ready-to-eat food with bare hands use two or more of the following control measures to provide additional safeguards to hazards associated with bare hand contact: (i) Double handwashing, such as after using the bathroom and returning to work, handling raw meat products, or other high risk activities; (ii) A hand antiseptic after washing; (iii) Programs to encourage food employees not to work when they are ill; or (iv) Other control measures approved by the Health Authority. ~G-15 Subd. 2. Minnesota Rules, Chapter 4626.0410 TIME AS PUBLIC HEALTH CONTROL, subpart Z. Notification. The food establishment licensee must submit written notification to the Health Authority of his/her intention to use the procedures provided under this part and receive approval from the Health Authority prior to implementation of the provisions of this part. Subd. 3. Minnesota Rules, Chapter 4626.1050, A is amended to read as follows: A hand washing lavatory shall be equipped to provide water to the user through a mixing valve or combination faucet, at a temperature of at least 43 degrees C (110 degrees F), but not more than 54 degrees C (130 degrees F) in a food establishment and not more than 48 degrees C (120 degrees F), in a sink that is used by children such as at a school, day care, or preschool. Subd. 4. Minnesota Rules, Chapter 4626.1325, A is amended to read: Except as specified in .item 2, materials for indoor floor, wall, and ceiling surfaces under conditions of normal use shall be: (a) Smooth, durable and easily cleanable for areas where food establishment operations are conducted; (b) Closely woven and easily cleanable carpet where carpeting is permitted; and (c) Non-absorbent and resistant to the wear and abuse to which they are subjected. Materials such as, but not limited to, quarry- tile, or ceramic the are approved for floors in food preparation areas, toilet rooms, hand washing areas, wait stations, kitchens, bars, walk-in refrigeration, ware washing areas, janitorial areas, laundry rooms, areas subject to flushing or spray cleaning methods, and other areas subject to moisture. Materials such as, but not limited to, ceramic the are approved for walls subject to splash or moisture in food preparation areas, ware washing areas, toilet rooms, etc. Subd. 5. Minnesota Rules, Chapter 4626.1465 TOILET TISSUE, AVAILABILITY. A supply of toilet tissue in a mounted dispenser shall be available at each toilet. Subd. 6. A food establishment shall have in place and use a system of risk- based self-inspection. The self-inspection program shall include written policies, appropriate forms for logging self-inspections, and evidence that routine self- inspection of all aspects of the food establishment takes place. 617.21. Variances. Subdivision 1. Administrative Variance Request. Relief from the strict compliance with the requirements of section 617.19 and those parts of Minnesota Rules, Chapter 4626 hereof may be granted in the form of a variance. Variance requests shall not be considered from those specifically listed in Minnesota Rules, Chapter 4626.1690, subpart A. (1) through (7). The variance ~{c-ie application must be from the party to whom the requirement applies and must be in writing and submitted to the Health Authority, including, at a minimum, the following information: (a) The full name, address, daytime and evening telephone numbers of the party requesting a variance; (b) The address of the licensed premises; (c) The relationship of the party requesting a variance to the licensed premises; (d) The specific reasons why the requirements of City Code cannot be met; (e) A description of alternative measures that will be taken to ensure a comparable degree of protection to the health or the environment if a variance is granted; (f) Other relevant information the City determines necessary to properly evaluate the request for a variance. Subd. 2. Criteria for Variance. The Health Authority may grant a variance request upon making all of the following findings of fact in writing: (a) The variance was requested in the manner prescribed by this section of City Code; (b) Science-based evidence that the variance will have no potential adverse effect or impact on public health, safety or the environment; (c) The alternative measures to be taken, if any, are equivalent to or superior to those prescribed by this City Code; (d) Strict compliance with this section(s) of City Code will impose an undue burden on the applicant; (e) The variance does not vary a statutory standard or preempt federal law or rule; (f) The variance has only future effect; (g) The applicant agrees in writing to comply with all of the terms and conditions of the variance and understands that a violation thereof may invalidate the variance and may result in enforcement actions, and the imposition of penalties, including license suspension or revocation. ~~,~1 Subd. 3. Conditional Variances. The Health Authority in granting a variance may attach any conditions that are deemed necessary to protect the public health, safety or the environment. It is the duty of the variance applicant to notify the Health Authority in writing within 30 days of any material change in the conditions upon which the variance was granted. Failure to comply with all of the stated conditions of the variance may invalidate the variance and may result in enforcement actions. Subd. 4. Notification of Decision. The Health Authority shall notify the applicant for a variance of its decision to grant or deny the variance in writing. If the variance is granted, the notice shall specify the period of time for which the variance remains in effect and the conditions, if any, attached to the variance. If the variance request is denied, reasons for the denial shall be set forth in the notice. Subd. 5. Renewal of Variance. For those variances granted with a specific expiration date, a request to renew that variance must be made at least 30 days prior to its expiration date on such forms as provided by the City, which shall include at a minimum the information set forth in original request. There is no continuing right to a variance unless specified in the variance approval. The Health Authority in granting a renewal request shall consider all of the criteria set forth in this Section. Subd. 6. Denial, Revocation or Refusal to Renew. The Health Authority shall deny, revoke or deny renewal of a variance where the criteria set forth in this section is not met. The variance applicant may appeal that decision in writing within thirty (30) days of the date of the written notice of denial, setting forth in detail the basis for the applicant's position that the variance criteria set forth in this section have been met and attaching all documentation in support thereof. A hearing shall be held within forty-five (45) calendar days thereof following the procedures set forth in subsection 325.20 of this City Code, as amended. Subd. 7. Emergency Recovery. Temporary variances may be granted to licensees to operate during and following natural or man-made disasters for the benefit of the public while maintaining the intent of City, state and federal regulations to protect the public's health. Temporary variances for emergency recovery may be both initiated by the licensee and approved by the Health Authority verbally. 617.23. Suspension or Revocation of a License. Subdivision 1. Temporary Suspension. The Health Authority, with the approval of the City Manager, shall immediately suspend the license of any food establishment for the violation of any terms of this section if such violations constitute an imminent public health hazard. Upon notification by the Health Authority of a temporary suspension of license, by posting of the report as set forth at the time of the inspection, the licensee shall forthwith cease operation. The licensee may appeal the temporary suspension in writing to the City Council. Upon notification in writing by the licensee to the Health Authority that all violations for which the temporary suspension was invoked have ~c-~8' been corrected, the Health Authority shall reinspect the food establishment within two .City business days or other reasonable agreed upon length of time. If all violations constituting the grounds for the temporary suspension have been corrected, the Health Authority shall forthwith terminate the suspension. The Health Authority shall not suspend a license if the violation or violations constituting an imminent public hazard can be eliminated or removed immediately. Subd. 2. Suspension or Revocation. The City Council may suspend or revoke a license issued pursuant to this section for a violation of: (a) Fraud, misrepresentation, or false statement contained in a license application or a renewal application. (b) Fraud, misrepresentation, or false statement made in the course of carrying on the licensed occupation or business. (c) Any violation of this section or state law. (d) A licensee's criminal conviction that is directly related to the occupation or business licensed as defined by Minnesota Statutes, Section 364.03, subdivision 2, as amended, provided that the licensee cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation or business as defined by Minnesota Statutes, Section 364.03, subdivision 3, as amended. (e) Conducting the licensed business or occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the community. Subd. 3. Notice and Hearing. A revocation or suspension by the City Council shall be preceded by written notice to the licensee and a hearing. The notice shall give at least eight (8) days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application. 617.25.- Plan Review. Construction shall not commence on any new or remodeled food establishment or any existing structure converted to a food establishment until the Health Authority has reviewed and approved the plans and specifications. Those construction projects being expedited under the fast track building permit process, shall not have any equipment or floor, wall or ceiling finish materials installed until the Health Authority has reviewed and approved the plans and specifications. Subdivision 1. Submission of Plans. (a) Two complete sets of plans and specifications shall be submitted to the Health Authority for review. ~~,I~ (b) One full set of plans approved by the Health Authority shall be maintained on site of the construction project. (c) All building, electrical, plumbing and HVAC plans as applicable must be submitted to the Building and Inspection Division and the Health-Authority. Subd. 3. Plan Review Fees. Fees for plan review of new or remodeled food establishments shall be those set by the City. If work has commenced prior to approval of construction or remodeling plans, additional fees may be assessed. Subd. 4. Additional Criteria for Food Establishments. (a) The plans and specifications for a food establishment shall include: (i) The intended menu; (ii) The anticipated volume of food to be stored, prepared, and sold or served; (iii) The proposed layout to-scale, mechanical schematics, construction materials, and finish schedules; (iv) The proposed equipment types, manufacturers, model numbers, locations, dimensions, performance capabilities, and installation specifications; (iv) A complete set of elevations including drawings for all custom fabricated equipment; (v) A functional flow plan indicating how food will be handled; and (vi) Other information that may be required by the Health Authority for the proper review of the proposed construction, conversion, or modification. 617.27. Inspections. Subdivision 1. The Health Authority shall inspect each food establishment prior to issuing a license and as deemed necessary by the Health Authority. The Health Authority shall not issue a license until the food establishment complies with the standards of this section as demonstrated by a satisfactory inspection. Subd. 2. The Health Authority, after proper identification, shall have the right to enter and have access to the food establishment at any time during the conduct of business. ~~,~~ Subd. 3. The Health Authority shall inspect each food establishment as frequently as necessary during construction, and prior to opening for service to the public, to ensure that construction and operations are in conformance with this section. Subd. 4. The Health Authority shall inspect each food establishment at a frequency no less often than State law requires. Subd. 5. The licensee, owner, or operator of a food establishment upon receipt of a health inspection report giving notice of violations of this section shall correct or remove each violation in the length of time determined by the Health Authority. Critical violations shall be complied with immediately or within 24 hours if not otherwise specified by the Health Authority. Failure to remove or correct each violation within the specified time period shall constitute a separate violation of this section. The Health Authority may issue orders to halt construction or remodeling, or to take corrective measures to ensure compliance with this section. Subd. 6. The person in charge of the food establishment shall make available and allow copying of any and all relevant records necessary to ascertain compliance with this section within a reasonable time period. 617.29. Grounds for Emergency Closure. If any of the following conditions exist, the operator or person in charge may be ordered to discontinue all operations of the food establishment until such time as the Health Authority confirms the correction of the violation: Subdivision 1. Failure to possess a license as required by section 617.07, as amended; Subd. 2. Evidence of a sewage backup in a food preparation, food storage, or utensil washing area; Subd. 3. Lack of potable, plumbed, hot or cold water to the extent that hand washing, food preparation,. or toilet facilities are not operational; Subd. 4. Lack of electricity or gas service to the extent that hand washing, utensil washing, food preparation, ventilation, lighting, or toilet facilities are not operational; Subd. 5. Evidence of an ongoing illness associated with the operation of the food establishment; Subd. 6. Significant damage to the food establishment due to tornado, fire, flood, or other disaster; Subd. 7. Evidence of an extensive infestation of rodents or other vermin; ~~,~~ Subd. 8. Evidence of cross contamination, filthy conditions, or poor personal hygiene to the extent of posing an imminent health risk; Subd. 9. Lack of an effective means of sanitizing dishes or utensils; Subd. 10. Misuse of poisons or toxic materials; or Subd. 11. The existence of any public health nuisance, as defined in Minnesota Statutes, Section 1~45A.02, Subdivision 17, as amended. 617.31. Severability. If any subsection, sentence, clause, or phrase of this section is for any reason held to be invalid, such decision does not affect the validity of the remaining portion of this section. The City Council hereby declares that it would have adopted the section in each section, subsection, sentence, clause, or phrase thereof, irrespective of, the fact that any one or more subsections, sentences, clauses, or phrases be declared invalid. 617.33 .Penalty. A violation of this section shall be a misdemeanor under Minnesota law. Civil penalties shall be subject to assessment pursuant to section 13.13 of the City Charter and section .325.30 of this City Code. However, nothing in this section shall be construed to limit the City's other available legal remedies for any violation of the law; including licensing sanctions, criminal, civil, and injunctive actions. In addition, violations or failure to pay civil fines may result in future license ineligibility. Sec. 3. This ordinance shall be effective as provided in section 3.09 of the Richfield City Charter. Adopted this day of , 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~(G-~' CITY OF RICHFIELD STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING THE CITY CODE: PERTAINING TO INSPECTION AND REGULATION OF LODGING ESTABLISHMENTS IN THE CITY OF RICHFIELD. THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The Richfield City Code is amended by repealing section 1190. Sec. 2. The Richfield City Code is amended by adding a new Section 618 as follows: Section 618 -Lodging establishments 618.01. Findings and Purpose. This section is enacted to establish standards for the regulation of lodging establishments in Richfield in order to protect the health, safety and general welfare of the public pursuant to the powers granted under Minnesota Statutes, Chapter 145A. The principal objectives of this section of the City Code are to prevent illness, to correct and prevent conditions that may adversely affect persons utilizing licensed establishments, to provide consistent standards for design, construction, operation and maintenance of licensed establishments, and to meet the consumer expectations of health and safety of licensed establishments. For the purpose of prescribing regulations governing lodging establishments, the City of Richfield hereby adopts the following rules and statutes as may be amended or recodified from time to time: (a) Minnesota Statutes, Chapters 157 and 327; and (b) Minnesota Rules, Part 4625; and (c) Minnesota Rules, Part 4717.7000, subpart 1(D). 618.03. Definitions. Subd. 1. "Health Authority" means the City of Richfield Public Safety Department and its qualified designated employees or agents as the Richfield City Council may designate. Subd. 2. "Issuing Authority: means the City of Richfield Public Safety Division and its qualified designated agents as the Richfield City Council may designate. Subd. 3. "Lodging Establishment" is defined in Minnesota Statutes, Section 157.15. Lodging establishments include, but are not limited to, hotels, motels, lodging houses, and boarding houses. ~~ .~~ 618.05. Authority. The City of Richfield regulates lodging establishments through delegation of authority from the Minnesota Department of Health and in conjunction with a designee or contractor. 618.07. License Required. No person shall operate a lodging establishment within the City of Richfield or engage in any enterprises described in this Code, without first obtaining and having a valid license as provided herein. The application for such license shall be made on forms furnished by the City of Richfield and shall describe the general nature of the business, its location, and any other information deemed necessary. by the City. The application must be in the name of the owner of the real property on which the licensed premises are situated and bear the signature of the owner or that of the owner's authorized agent. 618.09. License Fees. License fees shall be as set forth in Appendix D of this Code. Initial and renewal licenses shall be issued for the calendar year for which application is made and shall expire on December 31 of such year. License renewals shall be obtained on an annual basis. 618.11. License Application Execution, Verification and Consideration. Subdivision 1. Execution. If the application is that of an individual, the application shall be signed and sworn to by that person; if of a corporation, by an officer thereof; if of a partnership, by one of the general partners; if of an unincorporated association, by the manager or managing officer. Subd. 2. Verification. Applications for licenses under this section shall be submitted to the Issuing Authority. The Issuing Authority is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant. The issuing authority may also accept the reports of other governmental inspection agencies. Subd. 3. Consideration. Within a reasonable period after the completion of the license verification process by the Issuing Authority, the Issuing Authority shall accept or deny the license application in accordance with this section. If the application is denied, the Issuing Authority shall notify the applicant of the determination in writing. The notice shall be mailed by regular mail to the applicant at the address provided in the application and it shall inform the applicant of the applicant's right, within twenty (20) days after receipt of the notice by the applicant, to request an appeal of the Issuing Authority's determination to the City Council. If an appeal to the City Council is timely received by the Issuing Authority, the hearing before the City Council shall take place within a reasonable period after receipt of the appeal by the Issuing Authority. 618.13. Persons and Locations Ineligible for License. Subdivision 1. Persons Ineligible. No license shall be granted if the applicant: ~~,a~ (a) Is not a citizen of the United States or a resident alien, or does not have the legal authority to work within the United States; (b) Is not of good moral character and repute; (c) Is not eighteen (18) years of age or older on the date the application is submitted to the Issuing Authority; (d) Has been convicted of a crime that directly relates to the occupation herein licensed, as defined by Minnesota Statutes, Section 364.03, subdivision 2, as amended, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the occupation to which this license applies as defined by Minnesota Statutes, Section 364.03, subdivision.3, as amended; (e) Has had a license similar to this section's license revoked by any other government body within three (3) years before the application date; (f) Has been denied a license by the City because of circumstances, which occurred within three (3) years before the application date; (g) Has violated any provision of this section within three (3) years before the application date, or has violated any provision of this section during the application period pending the issuance of the license; (h) Has falsified any information or omitted material information required by this section; or (i) Owes taxes or assessments to the State, County, School District, or City that are due and delinquent. Subd. 2. Locations Ineligible. The following locations shall be ineligible for a license under this Division: (a) Taxes due on property. No license shall be granted or renewed for operation on any property on which taxes, assessments, or other financial claims of the State, County, School District, or City are past due, delinquent, or unpaid. In the event a suit has been commenced under Minnesota Statutes, Section 278.01 - 278.13, as amended, questioning the amount or validity of taxes, the City Council may, on application, waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becoming due. (b) Improper zoning. No license shall be granted or renewed if the property is not properly zoned under Chapter 5 of this Code unless the use is a legal, nonconforming use. ~c-a~ 618.15. Additional Health and Safety Standards: This Article specifically adopts the following additional standards for health and safety to Minnesota Rules, Chapter 4625: (a) The proprietor of each lodging establishment shall at all times place and maintain a number or other designation on each lodging unit and shall provide and keep a guest register containing the name of each and every person staying at such lodging establishment and occupying a lodging unit therein. (b) In addition to the name of each person registered for the unit, the proprietor of such lodging establishment shall also include the place of residence of the person whose name is so registered, the license number of any automobile in which such person is traveling, and the number or other designation of the lodging unit or space occupied by the guest in such lodging establishment. (c) This register must be shown to law enforcement agents upon request without any further legal authority. 618.17 Suspension or Revocation of a License. Subdivision 1. Suspension or Revocation. The City Council may suspend or revoke a license issued pursuant to this section for a violation of: (a) Fraud, misrepresentation, or false statement contained in a license application or a renewal application. (b) Fraud, misrepresentation, or false statement made in the course of carrying on the licensed occupation or business. (c) Any violation of this section or state law. (d) A licensee's criminal conviction that is directly related to the occupation or business licensed as defined by Minnesota Statutes, Section 364.03, subdivision 2, as amended, provided that the licensee cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation or business as defined by Minnesota Statutes, Section 364.03, subdivision 3, as amended. (e) Conducting the licensed business or occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the community. Subd. 3. Notice and Hearina. A revocation or suspension by the City Council shall be preceded by written notice to the licensee and a hearing. The notice shall give at least eight (8) days' notice of the time and place of the hearing and shall state the nature of the charges against the. licensee. The notice shall be /~~ mailed by regular mail to the licensee at the most recent address listed on the license application. 618.19. Plan Review. Construction shall not commence on any new or remodeled lodging establishment or any existing structure converted to a lodging establishment until the Health Authority has reviewed and approved the plans and specifications. Those construction projects being expedited under the fast track building permit process, shall not have any equipment or floor, wall or ceiling finish materials installed until the Health Authority has reviewed and approved the plans and specifications. Subdivision 1. Submission of Plans. (a) Two complete sets of plans and specifications shall be submitted to the Health Authority for review. (b) One full set of plans approved by the Health Authority shall be maintained on site of the construction project. (c) All building, electrical, plumbing and HVAC plans as applicable must be submitted to the Building and Inspection Division and the Health Authority. Subd. 3. Plan Review Fees. Fees for plan review of new or remodeled lodging establishments shall be those set by the City. If work has commenced prior to approval of construction or remodeling plans, additional fees may be assessed. Subd. 4. Additional Criteria. The plans and specifications for a lodging establishment shall include: (a) The proposed layout to-scale, mechanical schematics, construction materials, and finish schedules; (b) The proposed equipment types, manufacturers, model numbers, locations, dimensions, performance capabilities, and installation specifications; and (c) Other information that may be required by the Health Authority for the proper review of the proposed construction, conversion, or modification. 618.21. Inspections. Subdivision 1. The Health Authority shall inspect each lodging establishment prior to issuing a license and as deemed necessary by the Health Authority. The Health Authority shall not issue a license until the lodging establishment complies with the standards of this section as demonstrated by a satisfactory inspection. Subd. 2. The Health Authority, after proper identification, shall have the right to enter and have access to the lodging establishment at any time during the conduct of business. ~c-a~ Subd. 3. The Health Authority shall inspect each lodging establishment as frequently as necessary during construction, and prior to opening for service to the public, to ensure that construction and operations are in .conformance with this section. Subd. 4. The Health Authority shall inspect each lodging establishment at a frequency no less often than State law requires. Subd. 5. The licensee, owner, or operator of a lodging establishment upon receipt of a health inspection report giving notice of violations of this section shall correct. or remove each violation in the length of time- determined by the Health Authority. Critical violations shall be complied with immediately or within 24 hours if not otherwise specified by the Health Authority. Failure to remove or correct each violation within the specified time period shall constitute a separate violation of this section. The Health Authority may issue orders to halt construction or remodeling, or to take corrective measures to ensure compliance with this section. Subd. 6. The person in charge of the lodging establishment shall make available and allow copying of any and all relevant records necessary to ascertain compliance with this section within a reasonable time period. 618.23. Grounds for Emergency Closure. If any of the following conditions exist, the operator or person in charge may be ordered to discontinue all operations of the lodging establishment until such time as the Health Authority confirms the correction of the violation: Subdivision 1. Failure to possess a license as required by section 618.07, as amended; Subd. 2. Lack of potable, plumbed, hot or cold water to the extent that hand washing, laundry facilities or toilet facilities are not operational; Subd. 3. Lack of electricity or gas service to the extent that hand washing, laundry facilities, ventilation, lighting, or toilet facilities are not operational; Subd. 4. Evidence of an ongoing illness associated with the operation of the lodging establishment; Subd. 5. Significant damage to the lodging establishment due to tornado, fire, flood, or other disaster; Subd. 6. Evidence of an extensive infestation of rodents or other vermin; Subd. 7. Evidence of cross contamination, filthy conditions, or poor personal hygiene to the extent of posing an imminent health risk; ~lG-~ Subd. 8. Misuse of poisons or toxic materials; or Subd. 9. The existence of any public health nuisance, as defined in Minnesota Statutes, Section 145A.02, Subdivision 17, as amended. 618.25. Severability. If any subsection, sentence, clause, or phrase of this section is for any reason held to be invalid, such decision does not affect the validity of the remaining portion of this section. The City Council hereby declares that it would have adopted the section in each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses, or phrases be declared invalid. 618.27. Penalty. A violation of this section shall be a misdemeanor under Minnesota law. Civil penalties shall be subject to assessment pursuant to section 13.13 of the City Charter and section 325.30 of this City Code. However, nothing in this section shall be construed to limit the City's other available legal remedies for any violation of the law, including licensing sanctions, criminal, civil, and injunctive actions. In addition, violations or failure to pay civil fines may result in future license ineligibility. Sec. 3. This ordinance shall be effective as provided in section 3.09 of the Richfield City Charter. Adopted this day of , 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING AUGUST 9, 2010 Consent 4D 142 REPORT PREPARED BY: TODD SANDELL, DEPUTY DIRECTOR/DEPUTY CHIEF NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Approve the acceptance of donations to Public Safety/Police in the form of checks or grants, for specific events or programs sponsored by the Police Department RECOMMENDED ACTION: By Motion: Approve the attached resolution to accept named grants and monetary support solicite Richfield Safety Day, Cinco de Residential Mortaaae Grou d for Public Safety/Police in support of Mayo and unsolicited from the II. BACKGROUND Throughout the year, donations are received from various agencies, businesses and private individuals when the Department has special events or programs planned. Some of the events are annual and recur at the same time each year, and donations are solicited such as for Safety Day and Cinco de Mayo. Other donations are made through grants to specific areas. A list of the donations and designated programs is attached. 0809 Resolution Accepting Various Funds from Outside Sources III. BASIS OF RECOMMENDATION A. POLICY • .Minnesota Statute 465.03 requires that every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. • The Administrative Services Department issued a memo on November 9, 2004 requiring that all grants and restricted donations to departments be received by resolution and passed by more than two- thirds majority of the City Council in accordance with Minnesota Statute 465.03. B. CRITICAL TIMING ISSUES • Donations have been received and applied to the designated areas as indicated by the donors. C. FINANCIAL • Financial donations have been deposited in the funds supporting the designated programs. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Donations would have to be returned to the agency/business/individual if Council decides not to adopt the resolution. V. ATTACHMENTS • Resolution approving acceptance of donations • List of donations and specified areas for the donation to be applied. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. qD l RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE TO ACCEPT DONATIONS FROM THE LISTED AGENCIES, BUSINESSES AND PRIVATE INDIVIDUALS FOR DESIGNATED USES WHEREAS, the Public Safety Department/Police Division, through its Director, received checks from the following for Safety Day, K-9 Unit, Richfield Youth Face to Face Event and Safety Day, as well as $100 from Residential Mortgage Group in the name of Mr. Luis Calderon: Wal-Mart Stores, Inc. Richfield Public Schools Foundation Richfield Bloomington Credit Union The Storefront Group Quetzalli Maria Salas de Hernandez Partnership Academy Martin J. Costello Anonymous Richfield Vision American Legion Post 435 American Legion Auxiliary 435 Best Buy Richfield Rotary Laundro Max, Inc. McDonalds Richfield Ready Residential Mortgage Group and, WHEREAS, Minnesota Statute requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council; WHEREAS, the donated funds will be used towards the designated events sponsored by Richfield Police. NOW, THEREFORE, BE IT RESOLVED that the Director of Public Safety will accept the donations to be placed in the accounts as specified. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of August 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~p-a DONATIONS 2010 NAME INDIVIDUAL OR BUSINESS AMOUNT DESIGNATION Wal-Mart Stores, Inc. $1,000 K-9 Program Residential Mortgage Group $ 100 Police Richfield Public Schools Foundation $ 200 Richfield Youth Face to Face Event Richfield Public Schools Foundation $1 ,500 Cinco de Mayo Richfield Bloomington Credit Union $ 500 Cinco de Mayo The Storefront Group $ 50 Cinco de Mayo Quetzalli Maria Salas De Hernandez $ 25 Cinco de Mayo Partnership Academy $ 100 Cinco de Mayo Martin J. Costello $ 100 Cinco de Mayo Anonymous $ 200 Cinco de Mayo Richfield Vision $ 150 Cinco de Mayo American Legion Post 435 $ 100 Safety Day Minneapolis-Richfield Auxiliary Unit 435 $ 100 Safety Day Best Buy $ 500 Safety Day Richfield Rotary $ 550 Safety Day Laundro Max, Inc. $ 500 Safety Day McDonalds Lunches Richfield Ready $ 100 + Scholarships AGENDA SECTION: ~A~sent AGENDA ITEM # 1~~ REPORT # ~~~ ~~ STAFF REPORT CITY COUNCIL MEETING AUGUST 9, 2010 REPORT PREPARED BY: TODD SANDELL, DEPUTY DIRECTOR/DEPUTY CHIEF NAME, TITLE DEPARTMENT DIRECTOR may' REVIEW: (/~\ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding a Co-operative Agreement to become a member of the Hennepin County Violent Offender Task Force. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the City of Richfield Public Safety Department to enter into a Co-operative Agreement to become a member of the Hennepin County Violent Offender Task Force. II. BACKGROUND In 2007, the Hennepin County Sheriff's Department created the Hennepin County Violent Offender Task Force (VOTE). The VOTE focuses their enforcement on repeat violent offenders, gangs and narcotic activity. VOTE also serves as a criminal intelligence gathering resource for law enforcement. Current VOTE agencies include Hennepin County Sheriff's Department, Brooklyn Park Police Department, Brooklyn Center Police Department, Golden Valley Police Department and Drug Enforcement Administration (DEA). VOTE is currently working to include additional southern Hennepin County agencies. The VOTE operates under a Co-operative Agreement and is under the direction of a commander who reports to an Advisory Board comprised of the chief law enforcement officers (or their designees) of the participating agencies. All participating members will remain employees of the contributing agency. 0809 Resolution for Hennepin County Violent Offender Task Force Agreement Co-operative Agreements have been created for the task force, and they address common issues including, but not limited to: purpose, scope of work, work location, command structure, terms of participation, designation and duties of a fiscal agent and use of forfeited assets. III. BASIS OF RECOMMENDATION A. POLICY • Law enforcement realizes that to effectively combat repeat offenders, gangs and narcotic activity, the resources of a single agency is inadequate. They are limited by resources and jurisdictional boundaries. Multi-jurisdictional task forces combine resources and eliminate jurisdictional boundaries. With the placement of an officer on the task force, Richfield would benefit from the resources of ten officers and five law enforcement agencies. • A resolution must be signed allowing the continued involvement of City of Richfield Public Safety Department with VOTF. B. CRITICAL ISSUES • Richfield has had an officer assigned to VOTF since September 2009. C. FINANCIAL • Richfield Public Safety is responsible for all funding of this position on VOFT. • Richfield will receive $25,000 annually for participating in VOTF. These funds are from a grant VOTF received from the Minnesota Department of Public Safety Gang and Drug Oversight Council. D. LEGAL • The Co-operative Agreement was reviewed and approved by the Richfield City Attorney. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Council could disapprove of the resolution; however, this would mean that Richfield Public Safety would not be able to participate in the multi- - jurisdictional agreement and the benefits it provides. I V . ATTACHMENTS I • Resolution • Copy of Co-operative Agreement I V 1. PRINCIPAL PARTIES EXPECTED AT MEETING I • None L~~-i RESOLUTION NO. RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY DEPARTMENT'S PARTICIPATION IN THE HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE WHEREAS, Hennepin County Sheriff's Department is the agency responsible for the administration of the Violent Offender Task Force; and, WHEREAS, the focus of the Violent Offender Task Force is combating repeat offenders, gangs and illegal narcotics, and the sharing of criminal intelligence, and, WHEREAS, criminal activity is cross jurisdictional and involves repeat offenders, gangs and illegal narcotics; and, WHEREAS, modern police tactics involve the use of multi-jurisdictional task forces to combat crime and share criminal intelligence; and, WHEREAS, the Hennepin County Violent Offender Task Force has a proven track record in combating this type of criminal behavior; and, WHEREAS, the City of Richfield, Public Safety Department, is responsible for the prevention of crime and the enforcement of laws; and, WHEREAS, the Hennepin County Sheriff's Department has requested the Richfield Public Safety Department to place an officer on the Violent Offender Task Force. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield enter into a Co- operative Agreement with the Hennepin County Violent Offender Task Force for placement of one Richfield Police Officer on said task force. Steve Devich, City Manager, is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the City of Richfield, Department of Public Safety. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of August, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~~-a ~~EI~~'~TEFfiI~T ~tIUTY VI(}LEhIT ~F~I~+ILI-ER TASK FORE 210 ~-~PERATI'VE AGREEI~~ENT The: Hennepin County Violextt Offender Task Foree is currently operatil~g uneler an existir~ Co-operative Atreeinent, execiit~cl by flennepi~ County, on behalf of the Hennepin County Sheriffs t~ffice and the Hennepin C;ourtt`~ Attorney's Office, the City c?f IZicl€iielci, the Cite of° Brookl~m Park,. the City t~f f3raallyn-.Center, tl~e City of Golden Valley and the Drug; Enforcement f~clrninistration. This HENNEPIN COUNTY VIC3LENT C?I1I'E~1DER TASK FORCE 2010 Ct~- OPERATIVE AGREEIvIENT adds to ter changes some of the rights, duties ~~nt~ oblil;atic~ns under tire. old ~.greetnent. l"he previous Co-operative Agrcenzent is hereby :terminated. except that. prov%sians fiat b~ their mature are intended to survive the termination of that Agreement, iilcludin~; 13ut not limited to Section 7; Liability, shall survive as to matters. relevant to said previous Co- o}?erati~re Agreement.. The I~artics to this Co-operative Agreement .are units of government responsible for the. cnfarcclnent cal' la~~~, ilz their respective jurisdictions. The parties desire to work cooperatively ita the enf{>rcenicnt c~E' .~iolent ~~ffender lativs including but not l"united to the enhancements and crimes set fr~rth irl ~li~ancsata Statues ` ~()9.I095, and, far that purpose; are hereby forming the Hennepin Coutlt~~ `~'ivlent C)ffender 7"ask Farce. The.: ulldcrsignecl g,z~~ crt~mental. units, in the coo-operative and mutual :exercise of their 1. ~auk~. The dame of the co-operative powers entit~T shall be the 1:-lennepin County Violent ti.?Sfe~~ci: r Task Farce. (1-IGVOT.F~. 2. I~e~initicrt~~. C7fitccr - tx~r~a~~s a peace- officer, en~ploz=ed b}T a Member; ~vho is assigned to thc- Task Ford; full-tune and has been approved by the Task. Force Board. b. I3c:~ar t1- means the gcaveing board of the Task Force. ~~'~ c. I~'isc~l .~lge;nt -:Hennepin County 5herif~'s Of~cU t~~rees t~ p~rfaz•n~ this tut~c>ti~~iz during fhc iczitial term of this. Agreezncz~t. d. '~~ielnber - means a g~vernmentat unit that is a signatory to thin Agreetneut r a counterpart, e. Task Force -- means the Henncpir~ t:'ounty Violent t~ffei~der Tall: Force. f. Ta.~k. Force Con~n~anders - anear>s one (1} supezvisor ft~c~z~tl the Ilennepir7 County sheriff's Office. Future 'Task Force Corntnanders will be nominated and voted an by the 13oarci• g: Notz-Voting hlen~bcr - means the Drzxg Enf+~rcement Adnznistratzon and.. the lennepn County Attorney's Uffi~e. h F,kec2rtivt; I~iz~ector - means Hennepin County ~herif~f's Otlice Inspcetar of Izzlrestigations Bureau orhis/her designee... 17irectaz' - means ~neiier of Governing Board:'. 3. Members, The initial IVlebers of the Task Fare;e are the follawint; governmental .units: I-ient3epit~ Oounty Sheriff's Office. I3raaklti n Park Police L~epaxtrrient Broaklyn Center i~olicc Department widen ~~'alley Police Department l~icfific~l~~i Police :[7epartment I-Ierznet~irz Colznty Attorney's Office T)rr.rg I ;zz f orcerr~ent Administration (DEA} .1 The :~-fernl?ers 5h<zil coopcxatc and use their best efforts to :ensure fhat the various provisions oi. the Agreement axe fulfilled. Tl~e Members agree to act in goad faith to undertake re~olrzfian ~?f disputes, .if at~y, in an equitable and timel5r trianner and irr accordance with the ~~rczi~isz~~ns 01•ti~is r"~C,~re~nlent. 4'. Texa X1:1 The terrzz z~f ~L is Agreert~ent sh~tl be for seven years, commencn% January 1, 201.0 and terr~lfz~itir~~~ , :~.;~~~.ry ~1, 20.1, unless tenz~inated earlier pursuant- to the provisions of this ~1.;~reer~~rrzt. i7zis ~i~r~e~z~et~t stay he e:~ict~de~i 1?~ z~~utz<~z1 t~~itter~ ~3<.?r~cer~zezz~ ref clue. i~arties ~~.~ for one strecessve scv~en year terra upon the same terms, conditions,. and covenants, unless the Task Fore-e is dissolved prior to exx~iration of the initial or successive term:. 4.2 ITpon dissoitrtion oC the: "1_ask Force, tl~c L~oard shall provide :for the distribution of all Task Force lizncls and assets in the Ioliovz~ing manner: {1) The Berard nlay determine to sell.. atld Liquidate `none-tiionetary` assets prier tc~ distributi{m; and. (2) Assts arid. furtds shall be distributed in proportion to the fait-Lilac stal'fin~ contributior~ and oth~:r financial. ct}rztributions taf each. Member to the Task Force determined by the fill time ec7uivalent contributions of each currezrt Ivlcmber. Property owned by Members shall be rctzzr~ted to the Members upo~a dissolution, ~ Member ~~hose nl~mbership terminates prior to dissolution taf the "Task Fc~z-ce is entitled tc~ the return. cry its owY property, br;zt is not ~rltitled to anv sh~trc. or p~rtir~n of"Task Force funds err assets. ~: Govex~rirxg board. 5. t 'I~he 'Task L~~oree shall be ~o~-errled by a Governing Board (Board}. Merr~bers of the Board will `be kno~v~t as "Directors." Except as indicated herein, the Chief Law Enforcement Off"ic~;r fron~z eac"h Ivlon~ber, c~t• lzs or leer designee, shall .serve as a Director. Each Directt~r anti. accordint;ty, eac12 Merriber ager2e}r is allov~ved no more than one (1}vote, regardless of tl~e iilu~~I~er of employees assigned to the Task Force or in attendance at any meeting from the ~ ~ ~~pt~ctive A~~ency. The Director representing the I-let~nepir~z County Attorney's Office shall -not vote on Board rnattc.:rs btrt instead shall make recommendations t© the Board. 5,2 Directors shall not be deer~ned ernptoyees of, nor compensated by the. Task Force. ~. I'I~ze. I lcr~il~;}~iri Ct~tznty sheriff shall e the chair of the .Board. The Chair's responsibilities in~:irrde but are not limited to the following: gc-ing notioe of meetings when scheduled or ~fz~t~.rt~i`~.~' c<:Ilei; ~,all.ins~ ntc:etnt7s to order and providing fczr their orderly anti effcient c~{xid~r~t; aF,d pp-ovic~in~ ~t~or°the preparationofminutes. 5.4 "l`hc Board shill o4~ersec the operational activities of-the- Task Force and by and through the ~i'a~~k 1~"r~rce Con~nlanrle:r shall.:n~ontor the progress of the mission and goals establi~hec3 by t}~e .f~t~arcl. ~.5 Tizc Board. sl~~zl m44t on,a yuatterly basis ormore frequently as needed.. 3 ~~~,`~ 5.6 The Board: tnay take action based. on the vote of a simple majority. A quorum shall exist, and votes rrtay be tal:est, i f a r~Tajority of the Directors or their designees arc present. S,Z The Board tnay recc3mi71end ch~uiges in this ~lgree~t1ent tt~ its Members. ~uclt changes shall not become effective until the govt -sting I?t~dy of-each Iulerriber has, bJ' resc~I~ttion; ~pprovcd such changes. 5.8 Ikon-Voting Members may attend Beard meetings. 6Y Powers ~tuci Duties of the Task Farce. 6,1 To accon~piish the ~>bjeciii~es 1~erein, alI Task T'orce Members shall assigt~t at Icast crnc peace ot~icer licetasc~d pursuant to Mit~tlesota Statutes § 626.84, subcl:.l, or similar licensing statute ter regulation, to the Task Farce ort a fuel-time basis, The assigned peace officer must car~~l?i~, ~~ it1~ Minnesota Statutes $ 4`1.59, sitbd. 12. C.~ A nrl-sfcal assi~;nxtte:nt t~~ the 'T`ask l~'orce should be for a minimum period of two }ears, i I{~~> e~~er, assignrnLtrks shall be. at the pleasure of both the Task Force Board and the t)tlic~~r's c~~1pl~yting agency and naa~= be tern~inated at any time. 6.a ~~l~e 'I ask. lorcc ~~-iII dit'ect itt°estigati~Ta and enforcement activities based on tatelliget~ce I~rc~~ ided b~ tl~e "Task. I'~~rce IVletnbers writli priority given to case investigations that directly. itz~pact thy: ;~tert°tE~ers~ .Miz~tt~;sota communities. ~.4 F~tt~uc Task. l~orc Commanders vvrll be nominated by the Hennepin Count~~ Sheriff's Offic and. apl~rc~~~cd h~, the (3oard, The Task Fdree Commander shall. be responsible for the-day to day oi~~:ratiorls c7f' tl~i; Task Force and prop=de the overall clirectic~n and supervision of the. Ta~I~ ~'«Y-ec officers. F`uturc Task Force Commanders will be ominated by the Hennepin: {~'ot~rlr~ ~17~~r~if(.s (~ffic:e and apprrrved by the Board. The Task Force Commander's duties ;~I~al1 itacltule, Inlet nc~t be limited to' (<r ~ (:Ft~itlirtt? rir~~3 t~ir~'_c:~ ir~sT rl~fz ~eti~jities ofpersontael assigned ttt the Task. Force; (i>} 14tal7iisiling ;trld n~onitorin~ goals, .priorities, budgets, operational policies and l~r~~cc~itrrc:s and work assignments-;. (e) I~~~vici~~ir~~ and approving reports; ~~31 ~c!~~xl~rlir7~: assigned personnel; {~•.;; Prt~t'icling input on ctnployee evaluations, if requested; (l~ .~Ilaccttira~ cj~ ertit~~: w+ar, ifecessar~~~. 4 ~~~~ 6.5 The Task Force shall cooperate 4vith other federal, ;;t~it~, and local laG~- enf~rcemerit agencies to aeconlplish tllc purpose for which the Task Force zs organized. b.6 The govenuiret~tal unit. ser~~in~ as the Fiscal r~ge2~t shall cause to Lie 211ade an annual audit. of the books and acct~unts of the `I ask F-c~rce and shall :make and file a relxn-t' to its MGnil~e;rs which includes t#~~ folk~u~in~; ilrtt~r2natit~n: (a) The financial condition of the Task Force;. (b} 'fhe stati2s t~f all "Mask Farce projects; (c} The business transacted l}y tl~e Task Force; ~d} Quartc]1~ fin~incit]1 t~~~)ot°t {e) C}ther n~atttrs t~lucll af`f'ect the ii~tei-ests of-the Task Forge, 6:'7 The Tatil: Fi~2~ce's E~ac~ks, reports, ~iid records shall be open to it2spectic7n i,}, its Members at all re.TSC~n~lblcY tunes. C>. ~ ~crti~i~~ lierei]~ is i~~tetaried car should be eonstrued in any matliier as creating or est~aE~iishn the relationship of ea-partners between. the parties 13ereto or as constituting; one. c?f t#e l~lcn~be2~s as the a~e21t, representative or employee of another Member for any purpose t~r`tx a13~' tilannc2- ~~ h~~tsclel er. l'ersc~rulel assigned to the Task. Force by one of the Members shat# not be ioitsici~;2~ed Ccn~llarary or permanent employees of any other lvleber for any purpose «-la4rts~~~~;~er or be e~~ttled to tenure rights or any rig7hts or benefits by wary of workers' ci?2t~pc:nsatit?il:, rc-enll~lo~2nent insurance,:medical and IZospital care, sick and vacation leave,. ,evt~ra]lcc l>a~ , }'#.~;IZ,~ t>r any of}~cr right or benefit of another Member. t~:~ Thy '~'Ic2~i(crs ~~ckno~~leclge and agree that it is their sole responsibility to provide all salary t~c~22~p~~T:~r,ti~~n ~2r~c1 ii~i2~~;e hc2~e#ts to their separate employees. Benefits n~agr ir~cl~zde, but are nt~t li2x~tetl to: l~~:alth caTTryye, disability .insurance.. Life insurance, re-employment .insurance, }'1{~~, ~'l~:'(Ilt',IIf' ,:71101 [JIFF\:~;. fi.lt# 1'h~: l~ l~n~l~rs lckn<~tiirledge-a~acl agree that. it is their responsibility to provide the. equiprrient n~cess~i]~~= tc~ enab#~ their assigned employee. to complete their duties.. till 11,~~ '~Ic27.[~ets ~~c`~nowledge and agree that. Hennepin C'ot>nty will provide initial. start-up fu]~ds, to include cc~-1<~cated headquarter space. .1~ ll~hL l~artie ~2~k2x:~~w°icd~e and .agree -that entering into and carrying oust the ter~nzs aril .. ~ . «nc tt]{,rt5 {7t ti22`~ ~1~reert2e2t, ~r tll not v]t~l~~t ter cc>2lstrt~~ie t~ l~rcaci2 c~# an~, ob?2{.;atu~l~ })1n~12t1~,T ~~,1 tl~e party and shall ceimply with all applicable federal, state, and local laws includiizg but not limited t©Mixu~esr}ta Statutes ~ 471.y9. x.13 The T'~tsk -Force <~dopts the policy attd procedure s~uidelines established by the'Nlirnlesc~ta Department of Public Safet~r Uang and 'I}rug O~ersigl7t ~;uiuicl. (See ~er~erally Mimlesotit Statutes, Chapter 2~~~.Fi41, as amended or updated,) 6.14 The Task Force shall process all seized cash,. physical. ~~sse,ts and. evidence through the normal evidence handling procedures wtl~ii~ the Hennepin ~outit~r ,~sl~eriff's Office. Seizures of cash, real propel-ty and personal prot~erty must be-dcine in aceordalzcc «°ith alI applicable- laws and rebt~latio~ls. The Task Force shall promptl,v report forfeitures in accordance with Ml~l. Statute fa09.5315, salad.. 6. 7. Liiab~ilty. 7.1 Each iVlembcr agTrces th~~t it will be :.responsible for its own acts and the. acts of its officers and employees ancl: any .liability resulting therefrom. to the extent authorized by law and shall not. lie responsible for the acts of the. other Member or any liability resulting tl~e~~etror I/acli ~rSei711~er aclraowledge~ and agrees that it is insured or self-instated consistcrn ~~iilt tl7c liixlits established in Minnesota state .statute. Each IVlerriber agrees tc} E?r~~1~1E7ily ~3otify :all other Members if it becomes aware of any potential Task. Force related cl<t~i7s. ~t facts ~=iE~ing rise to such ela.inis. 7.2 EacE~ It~lerr7l7~;r shall be responsible for injuries to or death of ifs own personnel. Each l~~lei~ii;ur ~~'ill ti7aTrtain ~t~orkcrs' coiripensatinn insurance or self:insurance coverage, co~;~erir~~~ its uiz°r~ per. sc~nrt~el vrjlii:le tl~.ey are assigned.. to the Task Force or are otherwise l~artic:ipaii~i~ in or assisting with Task Force operations or activities. Each IVlernber waives ~~c right tc>. <~rxd agrees that it will not,. bring any claim or suit against the Task Force or any otlac~° '~'ter~3Eie~r It~r any workers' cozxipensation benefits paid to its ownenaployee or ~Eel>~ r~d~~nts, th~rt arise out of participation in or assistance with Task Force operations or activities, even ifthc injuries. were caused wholly or partiall~v by the negligence of any other ~~~inbe-r or it4 o#'ticers, ernployces, or volunteers. 7. ~ I~,EC~.h ~'1~ rnber shall. Ise r~:sponsiblc for damages to or loss of`its own equipment. Each ~,~Ic~rll~eC~ ~~ai~ es tli'~. right icy, anal agrees tlYat it will not,. bring"any claim ar suit against the 't'ask 1-'c,r°Lc or arty other~~%leml~er fear damages to t>r (,~s~~: ~;f its equipment 5,~~is~z~ t~~,t ~> ~~,x pai'(icpation in or assistance with 1~ask Force operations or actin;-hies, even if the damages or losses were caused wholly or l~artiall}~ by the negligence tit any other l~~leinl~ers or its caffcers, eznpl.oyees, or'volunteers. 74 ~'ls a~~piicable, ul~der lift crcurnstance5 shall a Bart}' lie rc:cluii-ed to pay any anlounts in e~ccss of the lizr~ts on liability established in Minnesota Statutes Chapter 46(~ applicable to any one part,}. The statutor}r limits of Iiahility for sarr~e or all of the parties may trot lie added' toge#her or stacked. to increase the nlaxiznuln amount of liability for :arty party.. 8. Finances. $.l T~isk Fc~r-ce operations Mill be financed from funds and resources contributed by Members. R~len~bers shall provide 0lficers to be assigned to the T~zsl l~orce, ~.z Thy fiscal rlcent shall scree ~s sole.. administrator of all funds contributed' by Task Farce l~tembcrs or oiherw~ise received by the Task Force, and in such capacity is authcn~ired to receicre all funds ~c>r deposit and make .disbursements therefrom in accordance with llennepin C'oxrnt} policy and generally accepted: accounting principles... In cc~njunc#ic?rt tlrerc~~-it11, the Fiscal .~~~ent shall maintain current.and accurate records ofal'I obligations arid. ~ xuenditures of T'as4~ l~~<;rce funds in accordance with. I:Iennepin. Cgunty palicy'an.d generally accepted accounting .principles. It shall. also produce quarterly financial and. statistical. reports which. shall be dissezni.ziated to the Board. The Task. Farce shall maintain. all such repc?z-ts and related rcccirds for a period of six (6) years after dissolution of the Task Force< q. C~ffa~:et~s. X3.1: 11~e 'I G~41~ i'or:,"c~ shall refer disciplinary matters or other instances of misconduct involving. an C}f~tic:er to tl~e t7fficei-':s Chief l:aw Enforcement Officer for nvestigatiion, referral, or ,~icl~~i..ittC~it. t i:~~t;~r,.i"t'r r~ iti~#;'~' l1er~121 sll~lj 1;7e COtistrl:t.'tl t€1 p1'everlt the TaS~': ~~'rCP ~rt~:n t'epl1,`tttl<? :u:;l~cc;ted c,rlmlzlal conduct directly to an outsrde agency far investigation. 9.? ~~f9:iccr~> will 1~~ responsible for focused investigation on targeted violent offenders,: are c l ~ 7 ~l i i E ~ ~ r~ t~ l l i~ c~ n ce manaien~~:nt ~;asz~ de~Tcloprrzeztt, and case charging: Officers may also <t:,s.~t other 01 i~i:ers ill surtiteillanca and undercover operations: Task Force Officers will <<v~orl~ t;::~i~~~er<rtivel.y with assisting agencies: {off leers acting under this. Agreement in the 7 ~~i~ jurisclictioi of another Member arc ac~tin~ in the line ot` duty and in the. course, of employment and are ~uthar~ed to e~crcisc tl~c po«rers of a peace. officer tl2erein. 10. Forfeiture, Seizures and Fines. All proceeds generated by Task Force operato#rs shall be returned: to the Task Peirce. "When the "Task 1"orce seizes pral~ert} ar funds in cooperation with other law enforcement agencies, the Task :1~orce Boaid will neac~tiate tine distribution cif tl~e ['orfcifed funds ti~~tl those a~enc:ies. l t . Additional Members and Change in Membership. 1 1.1 ~ governmental unit may join. the Tasl: Force and become a 1ti~lember up<~i7 ~i}7prc>uaI by the ~rovertzin~ Beard ~u1d execution cif a cony of this ~1~reeuzel~t by its ~o~rerr~inb bc~cl~-. 12.2' Tli~ Goti•err>it~~; Board may invol~ultt~ril~ tenninafie a Member if that ..Member has failed. to 1?ra~ ide a nlinitnum of one officer to staff the Task Fo~~ce for more than l.2 consecuti~ ~ months... 1 1, In ar1~~ cast in which. a party :identified in paragraph 3 joins the Task Force after theeffective date of #his ~~rreerlient or aid other governmental unit joins- the `t'ask Force pursuant to para~ra~l~ 21.1. contributions by aiid reimbursement to such Members shall be equitably determined ai~cl adjusted by the 23aard to reflect the. participation by that Member ftrr less tl~rrn one gull ~~car. The decision of tl~e Board shall be final. 2 2. t1. i1>tet~~be.r inay, upon. ninety (90) days' written notice to all other Members, withdrav' and: e,anEei its l~aricipatiori ixi this Agreement with or witl~.out cause. 2 Counterparts. This ,Agreement may be executed iii several counterparts, each of which shall be an original, all of urhich shall constitute but one anti the wine instrurrient. I'ti ~~"I'(m~,'1.,~~ ~~~111;l~1~,t)1~~, the ~~nrier.si~+.r~~r] governental uY~its, by action ofthoir governing bodies, ~~tusc~i tbi=; ~,~rcczr~c~~t t<> 1>e c:xecuteci. {~gi•iatures coiatinued on the following page) 8 ~~~~iD HENNEP'iN CU~:INTY VI{7~~NT OFFENDER T.~sK ~(3RCE .AGREENTENT` z~ of RIC~IFIELD The: Riel~iield City C'c~ulicil duly zi~pr~~ved this ,~gr~eer~~ei~t ~r~ the tirz~~ of 7~1~, City of Richfield Appro~-ed as to form anti 1e~;ality: By: Richfield City Attoey Its Mayor Ind Its City Administrator (sigri~rtures ct~ntinuc Qn the fc~(k~wing page} II ~~,~I FIEI~~NEPIN ~ILfI'+T'I'Y ~IULENT C~FFENI~ER TASK:FoRCE A~REEIV~N'T' I3enanep~ County Board Approval' Tas1t Ponce Mertl~ers. having signc~i this flgrcernerlt, anti the Hennepin C'otznty Bo~.:rd of` Cornissic~ners having duly approved this Agreement. on behalf of the lIennepin County Sheriff's. Once and. the I~enue}ain Count~~ AttUl~ney's Office on the clay ~f , 2(1l () anal. pursuant to such ap~~rov~il, tl~e proper County otficirils hat-ing signed this Agreement, the parties hereto agree to be boutlct by the provisio7-r herein sei forth. C~LU~ty c>~lienxiepin Stag; of R~inr~isota 1Ze~~ie~~ed"by C'oru~ty Assistant Cc~tu~rty Attorne}' Chair oaf its Count}~ Board Anel: Assistant/Deputy/County Corrunissoner And: Hennepin County Sheri' Attest: Deputy/Clerk of County Beard 1 AGENDA SECTION: Cnnaont AGENDA ITEM # ~F REPORT # i i, i, J STAFF REPORT CITY COUNCIL MEETING AUGUST 9, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: KAREN BARYON, COMMUNITY DEVELOPMENT ASSISTANT DIRECTOR ~ NAME, TLTLE ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution electing to continue participating in the Local Housing Incentives Account Pro ram under the Metropolitan Livable Communities Act. I. RECOMMENDED ACTION: By Motion: Adopt the resolution electing to continue participating in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act for calendar years 201.1 through 2020. II. BACKGROUND The Minnesota Legislature created the Livable Communities Act (LCA) in 1995. The LCA is a voluntary, incentive-based approach to address the Metropolitan Area's affordable and lifecycle housing needs while providing funds to communities to assist them in carrying out their development plans. The Legislature established the Metropolitan Livable Communities fund, including three on-going accounts from which eligible communities can apply for funding: • Tax Base Revitalization Account (TBRA) -provides funding to assist cities in cleaning up contaminated urban land and buildings for subsequent redevelopment. - • Livable Communities Demonstration Account (LCDA) -provides funding for public infrastructure and land assembly for development and 08092010 LCA Participation Resolution redevelopment projects that link housing, jobs, and services and expand affordable and life-cycle housing options. • Local Housing Incentives Account (LHIA) -grants given to assist with gap-financing for projects that produce new and rehabilitated affordable housing. • Land Acquisition for Affordable New Development (LAAND) -provides no-interest loans to assist communities in acquiring property for the development of affordable housing. The City of Richfield has elected to participate in the program since its inception. Since 1996, the City of Richfield has received $1,735,000 in LCA funding for the following projects: - 1997 $575,000 Apartment Remodeling Program - 2002 $ 10,000 Low Frequency Noise Impact Area Design Standards - 2002 $500,000 Lyndale Gateway West - 2003 $150,000 Lyndale Gateway/Kensington Park - 2003 $500,000 City Bella Plaza If the City elects to continue participation in the LCA program, it must establish new affordable and life-cycle housing goals for the next decade (2011-2020). As part of the City's 2030 Comprehensive Plan Update, the City's stated fair-share of the region's affordable housing is 765 units over the next 10 years. However, the Metropolitan Council acknowledges the reality of limited funding available to create new, affordable housing and therefore is asking the City to establish an affordable housing goal of 497 to 765 units over the next decade, with the low-end of the range representing the number of units-that can be accomplished at currently available funding levels region-wide. Regarding the City's life-cycle housing goal to diversify the type and density of housing to meet residents' changing housing needs and preferences, the Metropolitan Council is requesting the City establish a goal range of 765 to 1,500 new units over the next decade. The low end of the range represents the community's total share of the region's affordable housing need (765 units) and the high end (1,500 units) is the potential number of units based on forecasted household growth by the Metropolitan Council for the community to 2020. If the City elects to continue participation in the LCA program, the Metropolitan Council requires the City to pass a resolution formalizing its desire to participate in the program and adopting affordable and life-cycle housing goal ranges, by September 1, 2010. Additionally, the City would be required to develop a Housing Action Plan outlining the steps the City will take to help meet its LCA goals by December 1, 2010. III. BASIS OF RECOMMENDATION A: POLICY • It is prudent to seek outside funding sources to further the City's goals as applicable. • The Richfield Comprehensive Plan calls for the City to: o "Promote the development, management, and maintenance of affordable housing in the City": o "Promote the development of a balanced housing stock that is available to a range of income levels"; and to o "Promote additional housing diversity to serve families at all stages of their life-cycle through assistance, incentive programs, and the exploration of possible partnerships." B. CRITICAL TIMING ISSUES • If the City elects to continue participating in the LCA program, a Resolution so stating must be submitted to the Metropolitan Council on or before September 1, 2010, and will be required to develop a Housing Action Plan by December 1, 2010. C. FINANCIAL • By electing to continue participation in the LCA program, the City will be eligible to participate in various grant and loan programs. D. LEGAL N/A E. ENVIRONMENTAL CONSIDERATIONS • The Tax Base Revitalization Account (TBRA) program provides funding to assist cities in cleaning up contaminated land and buildings. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not adopt the resolution (this action would render the City ineligible for any grants or loans provided under the Livable Communities Act). • Adopt an amended resolution. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A CITY OF RICHFIELD ~ ~~I HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEARS 2011 THROUGH 2020 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes sections 473.25 to 473.255) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, the Local Housing Incentive Account and the Inclusionary Housing Account, is intended to provide certain funding and other assistance to metropolitan-area municipalities; and WHEREAS, ametropolitan-area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Employment and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, previously negotiated affordable and life-cycle housing goals for municipalities participating in the Local Housing Incentives Account Program expire in 2010; and WHEREAS, ametropolitan-area municipality can participate in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254 if: (a) the municipality elects to participate in the Local Housing Incentives Program; (b) the Metropolitan Council and the municipality successfully negotiate new affordable and life- cycle housing goals for the municipality; (c) the Metropolitan Council adopts by resolution the new negotiated affordable and life-cycle housing goals for the municipality; and (d) the municipality establishes it has spent or will spend or distribute to the Local Housing Incentives Account the required Affordable and Life-Cycle Housing Opportunities Amount (ALHOA) for each year the municipality participates in the Local Housing Incentives Account Program. NOW, THEREFORE, BE IT RESOLVED THAT the City of Richfield: ~6 a 1. Elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act for calendar years 2011 through 2020. 2. Establishes the following affordable and life-cycle housing goals for calendar years 2011 through 2020: Affordable Housing Goals Range Life-Cycle Housing Goals Range 497 to 765 new units 765 to 1,500 new units 3. Will prepare and submit to the Metropolitan Council a plan identifying the actions it plans to take to meet its established housing goals. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of August, 2010. Debbie Goettel, Mayor ATTEST: Nancy .Gibbs, City Clerk (Seal) AGENDA SECTION: CONSENT STAFF REPORT AGENDA ITEM # 4G REPORT # 145 CITY COUNCIL MEETING AUGUST 9, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of On-call Compensation Policy for Public Works Superintendent/Managers I. RECOMMENDED ACTION: By Motion: Approve the attached resolution approving an On-call Compensation Policy II. BACKGROUND Reduced staffing from 2009 Budget cuts As part of the budget cutting effort in early 2009, the Public Works Department provided a net reduction of 4'/2 positions. Two of the positions that were eliminated were management positions. Due to these position eliminations, the City was afforded considerable savings in annual departmental expenditures. However, there are fewer staff members assuming more duties. In particular, there are only three Public Works managers now available for after hour emergency Public Works calls from Public Safety Dispatchers. These emergency calls include: • water main breaks • sewer back-ups • street light knock-downs traffic signal malfunction ice/wind storm damage flooding Public Works SuperintendentlManager needed for emergencies The on-call manager provides a high level of experience and expertise to sometimes very serious emergency situations. For example, if a sewer lift station is MIKE EASTLING, DIRECTOR OF PUBLIC WORKS 080910PWcomp.doc put out of service, there is an eminent risk of flooding a basement with sewage. Or, if a street light is knocked down, the public may be exposed to the danger of bare electrical wires. The on-call manager calls in the necessary staff and equipment needed to deal with the emergency. The Public Works Superintendent/Managers take turns being on-call via emergency cell phone. When on-call, the Public Works Manager must be available at night and over the weekend and stay within cell phone coverage. This affects the manager's ability to travel outside the metro and can restrict what. most employees enjoy as their own time. The Public Works Superintendent/Managerthat will be included in the on-call rotation are:. • Utilities Superintendent • .Streets/Forestry Operations Manager • Parks/Fleet Operations Manager On-call in other cities In 2008 staff contacted 13 suburban cities regarding on-call procedures and compensation for Public Works emergencies. Ten of the 13 used front line employees exclusively to receive the after-hour Public Works emergency calls from dispatch. The other three used a combination of managers and front line staff. The extra pay for on-call duty for frontline workers varied from $291 to $486 per week for cities that reported their on-call costs. Included in 2010 Budget As part of the 2010 City Budget approved on December 8, 2010, the City Council approved expenditures in the Streets, Parks, Buildings, Garage and Utility budgets for compensating Public Works Superintendent/Managerfnr being on-call for emergencies. The budget calls for the on-call Public Works manager to be compensated $150 a week for carrying the emergency pager and being available to receive emergency calls. On-call Pay Resolution While the On-call Pay was included in the budget, the City Attorney has suggested that this new practice be formalized by the attached City resolution. The On-call Compensation is set at $1.50 per week. In the future this resolution will be incorporated into the resolution section of the annual budget. III. BASIS OF RECOMMENDATION A. POLICY • Approving a Public Works On-call Policy will provide guidance for staff in the preparation of future budgets. B. CRITICAL TIMING ISSUES • Timely responsible reactions to Public Works emergencies reduce costly damage to public and private property. C. FINANCIAL The approved 2010 budgets include provisions for On-call Compensation. There is $1,950 in each of the line item, 6005 Regular Employees, in Streets - 10610, Water - 51000, Buildings - 67000, and $975 each from Garage - 61000 and Parks - 10615 for a total of $7800. The On-call Compensation will not be in place for the entire year so the actual expenditures will be less than budget. The Buildings Supervisor will not be available to be on-call so the Buildings - 67000 portion of the 2010 Budget will not be used and then eliminated from the budget in 2011. The revised 2011 budget will be adjusted to reflect the expected expenditures. The 2010 rate is established at $150 per week of on-call duty. D. LEGAL • None E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION~S~ • Some other cities use front line workers to be on-call. City Staff prefers to alert the Public Works Superintendent/Managerflrst to assure timely, appropriate response to emergencies. V. ATTACHMENTS • On-Call Compensation Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None yC RESOLUTION NO. RESOLUTION ESTABLISHING A PUBLIC WORKS ON-CALL COMPENSATION POLICY WHEREAS, the City Council has determined to provide Public Works Superintendent/Managers compensation for being on=call for possible Public Works emergencies; and , WHEREAS, the good judgment of a Public Works Superintendent/Manager is needed to provide quality response to Public Works emergencies such as water main breaks, street light knock downs, and sewer main back ups; and WHEREAS, the City Council finds it necessary to establish a policy to provide such employees with on-call compensation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield hereby adopts the following On-call Compensation Policy: Public Works Superintendent/Managers who remain on-call by carrying the emergency cell phone (or similar device) for a period of one week will be compensated at a rate established annually as part of the budget preparation process; beginning with $150 a week in 2010. Adopted by the City Council of the City of Richfield, Minnesota this 9t" day of August, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 080910PWcomp.doc AGENDA SECTION: Consent AGENDA ITEM # 4H REPORT # 14 6 STAFF REPORT CITY COUNCIL MEETING AUGUST 9, 2010 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DNISION MANAGER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: m ITEM FOR COUNCIL CONSIDERATION: Consideration of a request to conduct off-site gambling by Fred Babcock VFW Post #5555 to sell pull-tabs and conduct bingo at the Church of the Assumption's Fun Fiesta. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution allowing an off-site gambling license for Fred Babcock VFW Post #5555 to sell pull-tabs and conduct bingo in connection with The Church of the Assumption's annual Fun Fiesta to be held August 14 and 15, 2010. II. BACKGROUND On July 16, 2009, Fred Babcock VFW Post #5555 submitted an application for an off-site lawful gambling license to sell pull-tabs and conduct bingo at The Church of the Assumption's annual Fun Fiesta. If approved, the pull-tabs and bingo operations will be conducted by VFW personnel within asectioned-off area of the event. Waste receptacles will be provided by the VFW and The Church of the Assumption and will be located near the pull-tab area. The Fred Babcock VFW currently has a license from the Minnesota Lawful Gambling Board to sell pull-tabs and conduct bingo in their facility at 6715 Lakeshore Drive. However, the Board requires an additional license for off-site operation and a resolution from the local unit of government approving the applicant's request to conduct gambling activities at any off-site premises located within the City limits. 0809 Resolution for VFW Off-Site Gambling License The Minnesota Gambling Board allows for off-site gambling activities to be conducted within the City limits by a currently licensed establishment four times per year. This would be the second request by the VFW to conduct such activity. III. BASIS OF RECOMMENDATION A. POLICY • The Fred Babcock VFW Post #5555's Lawful Gambling License is currently in good standing with the Minnesota Lawful Gambling Board. • Richfield City Code 1100.13 requires that the Public Safety Department review the request for the gambling license and make its recommendation to the City Council. The Public Safety Department has found no reason to deny this request. B. CRITICAL ISSUES • The applicant has complied with the State Statutes and City Code pertaining to lawful gambling. C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS IV. ALTERNATNE RECOMMENDATION~S~ • Deny the request for the issuance of an off-site lawful gambling license for Fred Babcock VFW Post #5555. This would mean that the applicant would not be able to conduct gambling activities in connection with The Church of the Assumptions annual Fun Fiesta; however, the Public Safety Department has not found any basis for a denial. In addition, the Council has previously granted an off-site gambling license to the VFW. V. ATTACHMENTS • A resolution granting approval for Fred Babcock VFW Post #5555 to conduct off-site lawful gambling in connection with The Church of the Assumption's annual Fun Fiesta. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • David Whale, Gambling Manager, Fred Babcock VFW Post #5555 ,~~,I RESOLUTION NO. A RESOLUTION GRANTING APPROVAL FOR FRED BABCOCK VFW POST #5555 TO CONDUCT OFF-SITE LAWFUL GAMBLING IN CONNECTION WITH THE CHURCH OF THE ASSUMPTION'S ANNUAL FUN FIESTA WHEREAS, Fred Babcock VFW Post #5555 has submitted an application to conduct off-site lawful gambling at The Church of the Assumption's annual Fun Fiesta; and WHEREAS, the applicant has received a license for Lawful Gambling at their facility located at 6715 Lakeshore Drive, Richfield, MN; and WHEREAS, The applicant requests to conduct off-site pull-tab and bingo operations on August 14 and 15, 2010 at The Church of the Assumption, 305 East 77th Street, Richfield, MN, from 12 Noon to 5 p.m.; and WHEREAS, The Church of the Assumption has granted the applicant permission to sell pull-tabs and conduct bingo at their annual Fun Fiesta Street Dance, and will receive a portion of the proceeds in the form of a donation; and WHEREAS, Minnesota State Statute Section 349.213 provides authority for review of applications by local authorities; and WHEREAS, the Department of Public Safety has completed an investigation of the application and finds the application to be in order. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, City of Richfield, Minnesota, as follows: 1. That an off-site Lawful Gambling License be granted to Fred Babcock VFW Post #5555 to sell pull-tabs and conduct bingo at The Church of the Assumption's annual Fun Fiesta on August 14 and 15, 2010. Passed by the City Council of the City of Richfield, Minnesota this 9th day of August, 2010. Debbie Goettel, Mayor Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # 41 REPORT # 1 6 7 ~~ STAFF REPORT CITY COUNCIL MEETING AUGUST 9, 2010 REPORT PREPARED BY: KRISTIN ASxER, CITY ENGINEER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a work proposal from WSB & Associates, Inc. for the monitoring of surface water quality and quantity at various locations within the City. RECOMMENDED ACTION: By Motion: Approve the hiring of WSB and Associates, Inc. to conduct the 2010 Surface Water Quality and Quantity Monitoring within the City for a cost not to exceed $32,000 without further authorization. II. BACKGROUND Richfield is currently involved in the development of Total Maximum Daily Load (TMDL) Reports for the Nine Mile Creek and Minnehaha Creek Watershed Districts for varying pollutants. Much of the data used in the reports is based off of textbook science rather than actual data. Without the ongoing collection of surface water quality and quantity data, it is unclear on what the existing water quality is and what potential there is for any proposed improvements to address the pollutant loads. In an effort to gain real data, City staff is recommending ongoing surface water monitoring of select ponds within the City. The data collected will help to calibrate the TMDL models that are used when drafting the reports and will also be used as base data when implementing programs to address the TMDL allocations. 0922StormWSB The attached proposal outlines the tasks involved in monitoring the following basins: • Adam's Hill Pond • Richfield Lake • Wood Lake • Milner's Pond • Norby's Pond • Legion Lake • Taft Lake These basins will be monitored for the following: • Evaporation/Infiltration Rates • Rainfall • .Phosphorus • Total Suspended Solids • Chloride WSB will also prepare a final report summarizing the collected data and identify any proposed changes to the monitoring protocol. III. BASIS OF RECOMMENDATION A. POLICY • The monitoring of water quality is consistent with the City's Surface Water Management Plan. B. CRITICAL TIMING ISSUES • Monitoring consistent with the proposal was authorized to begin in May of 2010, C. FINANCIAL • The total estimated cost for installing the monitoring devices, collecting and analyzing the data, and preparing a final report is $32,000 and is budgeted in the 2010 Stormwater Utility Budget (Line Item 6103 - Professional Services) D. LEGAL • The City Attorney will be available to answer questions. E. ENVIRONMENTAL CONSIDERATIONS • Knowledge of the water quality will help staff address pollutants more effectively. TERNATIVE KECOMMEr • The Council may not to approve the work proposal at this time. ~ V. ATTACHMENTS ~ Monitoring Graphic Water Quality and Quantity ~ V 1. PRINCIPAL PARTIES EXPECTED AT MEETING • None expected. ~,i ~ ~ S~ Infrastructure ^ Engineering ^ Planning ^ Construction 701 Xenia Avenue South $8 Ass Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Memorandum To: Mike Eastling, City of Richfield %ristin Asher, City of Richfield From: Pete Willenbring, WSS & Associates, Inc. Erick Francis, WSB & Associates, Inc. Date: May 6, 2010 Re: Work Plan for 2010 Surface Water .Quality and Quantity Monitoring WSB & Associates, Inc. (WSB) is pleased to present the following work plan that was developed to evaluate the volume reduction and pollutant removal performance of selected basins within the City of Richfield (See attached figure). The tasks associated measuring these efficiencies of the selected basins are as follows: Task 1: Install Evaporation and Infiltration Monitoring Devices As part of this task, WSB will install continuous surface water measuring devices which will provide evaporation and infiltration information throughout the monitoring period for each basin. Task 2: Install Rainfall Monitoring Devices As part of this task, WSB will install two continuous rainfall monitors within the City which will provide the date, duration, and amount of rainfall that occurs with each rain event during the monitoring period. The Continuous rainfall monitoring devices will be installed at the Wood Lake Nature Centre and at the City's Waste Water Treatment Plant on Portland Ave. Task 3: Collect Evaporation, Infiltration, and Rainfall Data As part of this task, WSB will retrieve data collected from the evaporation, infiltration and rainfall monitors on a bi-monthly basis throughout the monitoring period to ensure proper monitor function and to secure the data that is collected. Task 4: Collect Water Samples for Laboratory Analysis As part of this task, WSB will collect water samples from each basin for laboratory analysis, as part of regular data collection activities, monthly throughout the monitoring period to determine pollutant concentrations. Water samples will be analyzed for Total Phosphorus, Total Suspended Solids, and Chloride. K:101532115L4dminlDocslMemo RICH WL'ZScrope2010.doc Minneapolis ^ St. Cloud Equal Opportunity Employer ~kY3 Richfield Water Quality Monitoring May 6, 2010 Task 5: Data Analysis and Interpretation As part of this task, data collected during the monitoring period will be analyzed to determine interim infiltration and evaporation rates, runoff volumes, and to identify if there are any changes that need to be made to the monitoring protocol. At the end of the monitoring period, data that has been accumulated during the monitoring period will be compiled and interpreted for each basin. Task 6: Preparation of Final Report As part of this task, a final report will be prepared and presented that will discuss data collection procedures, data analysis, and the interpretation of monitoring data for each site. We would propose to commence this monitoring program in May 2010 and continue monitoring through November 2010. The anticipated costs associated with this monitoring program are outlined below: Task. 1: WSB will furnish evaporation, infiltration, and rainfall monitoring devices: • Furnish 7 Continuous surface water monitoring ($1,500 ea) • Furnish 2 Continuous rainfall gauges ($500 ea) The estimated costs associated to complete this task: $11,500 Task 2: WSB will install the following monitoring equipment within the selected basins: • Insta117 surface water monitors ($100 ea). • Install 2 rainfall gauges ($50 ea) The estimated costs associated to complete this task: $800 Task 3: Collection of monitoring data and maintenance of evaporation, infiltration, and rainfall monitoring devices: • Data collection from the evaporation, infiltration, and rainfall devices will occur on a bi-monthly basis throughout the monitoring period. • Monitoring devices will be inspected to ensure proper data CGiiectioii, adequate batteiy iife. The estimated costs associated to complete this task ($1360 monthly x 6 mo_n_t_h_s of monitoring): $8,160 K101532-451AdminlDocslMemo RICH WQSCOpe2010.doc Minneapolis ^ St. Cloud Equal Opportunity .Employer ~s ~ Richfield Water Quality Monitoring May 6, 2010 Task 4: Collection of water samples: • Water samples will be collected and analyzed monthly from the 7 selected basins monthly throughout the monitoring period (11 samples will be collected from the 7 basins 6 times during the monitoring period). • Water samples will be analyzed for Total Phosphorus ($10), Total Suspended Solids ($6.60), and Chloride ($16). The estimated costs associated to complete this task: $2,178 Task 5: Complete data. analysis and interpretation: • Collected data will be analyzed to determine infiltration and evaporation rates, rainfall amounts, runoff volumes, and pollutant concentrations for each monitoring site. The estimated costs associated to complete this task (66 hours) : $4,500 Task 6: .Completion and presentation of final report: • A final report will be prepared and presented that will discuss data collection procedures, data analysis, and the interpretation of monitoring data for each site. Total estimated cost to complete this task (60 hours): $4,080 Total estimated cost of 2010 Surface mater Monitoring Program $31,218 Based on starting this work in May 2010 and completing the monitoring activities by November 2010, we anticipate providing a final report by March 2011. If you would like to move ahead with this project, please authorize commencement of the project by executing this document in the space provided below. If you have any questions, please do not hesitate to contact me at 763.287.7188. I hereby authorize WSB & Associates, Inc. to complete the Scope of Work outlined above. 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J ~ t~ ~ - _.. ,. _~ .~ 5 ~ ~ - i , : _ ~~. .~'.'-. ~ Ste' t 1! a `~' i ~ - Y A , Y-'ry'? 3: '...+r ~ ~4 4.. '' t l I e'!'l' ,.t a Y y, ~ ' ' a I i ~ p ~ '.. jr,,.a..y i ~ I r [ '1 ~ Y ~q 1 t' _ f ~ ~ i ~ ~~ ~ ~~ x im . ~: S .~ f~.Y!= . ~ l - 1 ~T,.. S ~ _. ,~ rl~ ) ,i';(~i+°ci>.. 't: *~,T', Pe...'. i..` t. ,... ~'4 P, ,.•.-ri.?. .Y ~~i 4+1 k:t~- - ~ ,i- >v 201®Water Quality and Quantity M®nit®ring L®cati®ns ~. WSJ _1 ~~ --~~- o sao ,,ooo z,aoa . .,,.,, ,,. ®reel City ®f Richfield -~. \-~ AGENDA SECTION: Public Hearing AGENDA ITEM # 6 REPORT # I 8 STAFF REPORT CITY COUNCIL MEETING AUGUST 9, 2.010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: RICHARD REGNIER, BUILDING OFFICIAL d, NAME, TITLE SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding an ordinance amendment to Richfield City Code Section 407 Inspection- and. Licensing of Apartment Houses and Rental Homes for changes to license requirements, the provisional license, and other minor changes with the effective date of January 1, 2011; and consideration of a resolution regarding summary publication of the above-mentioned ordinance. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: 1. Approve second reading of the attached ordinance amendments to Richfield City Code Section 407 Inspection and Licensing of Apartment Houses and Rental Homes for changes to license requirements, the provisional license, and other minor changes with an effective date of January 1, 2011. 2. Approve the attached resolution authorizing summary publication of an ordinance amendments to Richfield City Code Section 407 Insaection and Licensing of Apartment Houses and Rental Homes. II. BACKGROUND The attached Section 407 of the City Code contains revisions that are intended to clarify license requirements, provide changes to the provisional license, and other minor changes. 0809Rental II. BACKGROUND The attached Section 407 of the City Code contains revisions that are intended to clarify license requirements, provide changes to the provisional license, and other minor changes. A rental license will not be required for a home occupied by the parent, sibling, or child of the owner of record. A rental license will also not be required for homes which have a current valid license from either Hennepin County or the Minnesota Department of Health permitting such use. There are currently 46 homes in the City that are licensed by the State Department of Health or Hennepin County. A provisional license is currently required for apartment buildings that have an excess number of police calls to the property. The Police Department has discontinued tracking calls for this purpose. The new provisions will apply to all rental property. A provisional license will be required for failure to correct inspections orders within 60 days, failure to renew a rental license by February 15, knowingly operate a rental property without a license, and knowingly operate a rental property in violation of the housing maintenance code, zoning code, or occupancy requirements. III. BASIS OF RECOMMENDATION A. POLICY • A rental property that has been designated as a provisionally licensed property will become eligible to apply for a regular license when the circumstances have been corrected and maintained for at least twelve consecutive months. A member of the City Council had questioned the use of the word "may" in the ordinance rather than the use of the word "shall" as it pertained its enforcement. All occurrences of the word "may" have been highlighted in the attached ordinance. The use of this language provides staff with some flexibility in the application of the ordinance in an effort to recognize the context in which a violation may have occurred and in recognition of unique situations. Staff recommends the adoption of the ordinance as presented, as does the City Attorney (see Legal section below). B. CRITICAL ISSUES • This ordinance stipulates the rules that rental property owners and their tenants are expected to follow as part of rental licensing. This ordinance does not address the current fee for a rental license nor the staffing and general administration of rental licensing. The fee and staffing/administration are governed by the City's annual Fee Schedule and annual budget; both of which are scheduled to be considered by the City Council within the next three months. • The effective date will be January 1, 2011. C. FINANCIAL • The provisional license fee will be double the regular license fee. The current annual rental license fee for a single family home is $135. If a single family rental home becomes eligible for only a provisional license, an additional $135 will be paid. A provisional licensee will be eligible to apply for a regular license when the circumstances leading to the provisional license have been corrected and maintained for a period of at least twelve consecutive months. • Any property owner who incurs a provisional license fee will be credited for the full cost of any regular license fee that they had incurred during that calendar year (not apro-rated amount as had been reported by staff at the July 27 Council meeting). This is a way to differentiate those property owners who had taken the positive step to license their property from those who did not. D. LEGAL • The City Attorney's office has reviewed and approved these proposed amendments to the City Code. • With regards to the use of "shall" rather than "must" (see Policy section above), the City Attorney wrote staff an opinion stating, "It is my recommendation that all of the "mays" remain unchanged; none of them should be revised to "shall" or "must." IV. ALTERNATIVE RECOMMENDATION(S~ • Reject the motion to amend City Code Section 407. The existing City Code Section 407 would remain in effect. V. ATTACHMENTS • Resolution for summary publication of ordinance amendment • Ordinance amendment to City Code Appendix D VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. ~ I RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE N0.2010- WHEREAS, the City has adopted the above referenced amendment to the Richfield Ordinance Code at the August 9, 2010 City Council meeting; and WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of the publication of the complete text of the ordinance is not justified; and WHEREAS, the Council has determined that the following summary will clearly inform the public of the intent and effect of Ordinance No. 2010- NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, that the city clerk shall cause the following summary of Ordinance No. 2010- to be published in the official newspaper in lieu of the entire ordinance: SUMMARY PUBLICATION ORDINANCE NO. 2010- AMENDMENT TO RICHFIELD CITY CODE; SECTION 407 The City Council has adopted Ordinance No. 2010- an ordinance entitled "An Ordinance Amending Section 407 of the Richfield City Code; Pertaining to Inspection and Licensing of Rental Units." This summary of the ordinance is published pursuant to Section 3.12 of .the Richfield City Charter. The amendment:. modifies certain definitions; provides for exemptions from licensure; revises the information required to be included in applications for rental licenses; changes the circumstances requiring the issuance of a provisional license and the issuance of a regular rental license following a provisional license; and modifies the provisions dealing with. enforcement and administration of the section. Copies of the full text of the ordinance are available for public inspection in the City Clerk's office during normal business hours or upon request by calling 612-861-9760. /s/ Nancy Gibbs, City Clerk BE IT FURTHER RESOLVED, that the city clerk is directed to keep a copy of the ordinance in her office at city hall for public inspection and to post a full copy of the ordinance in a public place in the City for a period of two weeks. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of August, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~,a CITY OF RICHFIELD ORDINANCE NO. AN ORDINANCE AMENDING SECTION 407 OF THE RICHFIELD CITY CODE; PERTAINING TO INSPECTION AND LICENSING OF RENTAL UNITS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 407.03 of the Richfield City Code is amended to read. as follows: 407.03. Definitions. For the purposes of this section the. terms defined herein have the following meanings: (a) "Apartment house" means a building containing three or more dwelling units. (b) ~~er,~ ~°~~.,~rt~~„i+~~ ~~Dwelling unit" means a room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by persons other than the owner of record regardless of familial relationship or whether rent or other compensation is paid to the owner. (c) "Rental Home" means a one ortwo-family dwelling which is occupied by persons other than the owner of record, except a parent, sibling or child of the owner of record, regardless of whether rent or other compensation is paid to the owner. ~~ ~ rrihi~m , ea,~ nn° nr mnr° n°rc+nnc• nnn ~ ~n~iinry .+ .~..... Ilir.., ~ ..~+ .. r. r r '.`'.,,~ -~ r a- ~'~ n ~ fi+ h~~ ° V° - "~as i ~Jt~ T h°iJ f rnrr~ .. nrn~ ~ ~tFf~ J r . , ~ c r l ~T.7 ga ~ ~/,j.ap~~ ~cl nl~ ~h fro +°rni+~i ~58~~i+~i hni ic° Th ~ r T.~m~ ~~i ° n + Q ~ l/ ~~~~ ~~.•~~ ~ ~ ~ ~ ~ ~;~ o t O +esl~e-~~. f in~Ji~iirl~ ~ ~ o afs, e~ °iJin +hr°° in n~ ~ e~a„-~g~~,,,-„~. mh°r n ,,Tp~-„ n+ r ~elu hlnr.iJ ted--fey-g,~~ ~a~r~+a e-eFa~e +inn Th° +°r.,, ~~f.~m ihi~~ innl~ ~rl°c. n°n°c ~c~°ni °rv ~r~lr,~i° °~ g p . (e) "Housing maintenance code" means a subsections 405.01 through 405.19 of this code and also means all other codes and regulations of the City pertaining to the occupancy and habitability of the licensed premises. (f) Unless a different meaning is intended from the context, all other definitions contained in subsection 405.0- 5, subdivisions 1-19 are incorporated in this section by reference and made a part hereof. 372726v2 CAH RC160-5 ~e~tse~ ~'3 (g) "Owner" or "owner of record" shall have the meaning given in subsection 105.01 Subd. 8, and shall also means, with respect to all matters involving the making of applications and the giving of notices, the individuals or entities holding legal and equitable title to the premises, or the legally constituted agent designated by the owner for such purposes. (h) Director ("director") means the director of community development and also includes any individual designated by the director of community development to cant' out the duties and responsibilities assigned to the director under this Chapter. Sec. 2. Subsection 407.05 of the Richfield City Code is amended to read as follows: 407.05. License required. It is unlawful for any person who is an owner of an apartment house or an owner of a rental home to operate such apartment house or rental home without first having obtained a license under the provisions of this section. There are two types of licenses: regular and provisional. Provisional licenses are defined in subsection 407.13. All references to licenses in this section are references to regular licenses, unless otherwise stated. No license shall be required under this Section for Rental Homes which have currently valid licenses from either Hennepin County, or the Minnesota Department of Health permitting, such occupancy_ , Sec. 3. Subsection 407.07 of the Richfield City Code is amended to read as follows: 407.07. Licensingprocedure. Subdivision 1. Application: contents. (a) Regular licenses. The application must contain the following information and any other information that the director may require to assess compliance with the housing maintenance code and this section: The names, addresses and telephone numbers of the individuals responsible for the maintenance and management of the premises. (2) If the applicant is a partnership, the names and addresses of each managing partner. (3) If the applicant is a corporation +~„ ,,.,,~ ..,+,,r„n~~e gad the names and addresses of the officers. (4) The names, addresses and telephone numbers of the individuals responsible for keeping and maintaining the tenant registers. 372726v4 CAH RC160-5 ~,~ (5) If the applicant is an owner of multiple dwellings, multiple apartment houses, or multiple rental homes, the legal address of each .dwelling, apartment house or rental home owned by the applicant located within the city of .Richfield. (b) Provisional licenses. An application from a licensee in provisional status under section 407.13 must contain the #eltewti~ information required in (a) above and any other information that the director may require to assess compliance with the housing maintenance code and this section: /') \ If +h° nlin~s ~ n~rF~~hin +h,~ n-rtam°c~ .±nrJ .±iJ~Jr°c•~~~f ~~~ A7T ~P TnP~^~' ~~Tlf the aPPlieanr-is a ~tie~tk~r~es ^n~ ^~^~r°c ;es~t,",~^. ~~inrifii ~h.~r°hnlrl°r ~n~ ~h° nom°c. .~nrl ~rlrlr°c~c•°~ of +h° nffin°rn f ~~ Th° nom°c+ rlr°c~c~°c ~nrl ~~ctnhnn° n~~mhn~, of iniJi~iirl~ ~~+lo c-rtumc~ ~ c~-arrcr- ~prrvrr~rr ~es~er~s+~° fns-rvr+cha°.~rr"'a"nTte~a~}~ e~°n+ of +h° nr°r+~S / \ Th° n ~rlrlr °c. nnrl +°I n° n~ ~w+h°rc~ of +h° inrlivirl~,~I~ 4~--r-~,~~ames, ~ess~-~,~ephe~~,~,,,,~~-~,~ rnc~nnn~+ihl° fnr L°°ninry ~nrJ w+~in~~ininn +h° +°n~n~ r°nin~°rc+ ~p~nlin ~~ ~n n~~in°r n t m n ~II~ IC /"~~A T}~n~ `~M~MM~ o ~ T ~ j~ -_____~ _ - ,. 7 G ~}°ncr~i~{~P$, nr ~F 1p1~-}m°n+ hn~ ~~° nr r°n+~l hnm e w J ~T Et~ai{--~}AF1~2s-ieQal ° n~~in°r1 h~i +h° .~nr~lin~n~ Inn.~4°r) ~~ii~hin ~h° n i~i~'ir~,rynf ...r...,......,,, , ~ ...,,..,......,. ..,, .«, , ,.,~ . ,. C?ir.hfi°I.J i-crcrn~crcr. ...,,,., ,emu .,y-z..~, Subd. 2. Issuance of license. (a) The director may require the inspection of any premises for which a license is requested. The licensee or applicant must notify the residents of the apartment house or rental home of the inspection and must permit the director to enter upon the premises for the purpose of conducting the inspection to verify compliance with the housing maintenance code. (a) If the director concludes as a result of the information contained in the application or other available information, including an inspection of the premises, that an apartment house or rental home appears to comply with requirements of the housing maintenance code and this section, the director will issue the license. (b) If the director concludes as a result of the information contained in the application or other available information, including an inspection of the premises, that an apartment house or rental home app°°°~~ ~e is not in compliance with the housing maintenance code and this section the wl~l-2F~2F-aid-11~SF~T n ~~ i-1 nrv~nli~nn~~n~ 372726v2 CAH RC160-5 ~,5 liiver~s $'t-~}e+ifii ~hc roc irJ~S~.p~p~rFmcn~ hn~ ~c~e r+r~ r~~ nmm~li.+nno ~eiitl-t-tFil~ hn~ ~cir~n m~ir~t~~ne nnrlo. If Fhe incr~on+inn iJicnlncoc applicant will have a designated time period, to be determined by the ,director from receipt of notice of noncompliance to correct the defects specified in the notice, but only if the defects do not create an imminent hazard. The director may authorize additional time for compliance. (c) From the date that the director has ordered an inspection under paragraph (b), no occupancy of dwelling units then vacant, or which become vacant, is permitted until a license has been issued. Apartment units within an unlicensed apartment house for which a license application has been made and which units are determined by the director to be in compliance with the housing maintenance code may be occupied provided that non-complying units within the apartment house do not create an imminent hazard to the health and safety of persons in occupied units. Such occupancy may continue until a final determination on the granting or denial of the license is taken by the city. Subd. 3. Denial, suspension, revocation, non-renewal. (a) The seu~~ director may revoke, suspend, deny or decline to renew any license issued under this section upon any of the following grounds: (1) false statements on any application or other information or report required by this section to be given by the applicant or licensee. (2) failure to pay any application, penalty, reinspection or reinstatement fee required either by this section or city council resolution. (3) failure to correct deficiencies noted in notices of violation in the time specified in the notice. (4) any other violation of this section. (b) Regular licenses will be revoked, if at mid term, or not renewed, if at the end of a term, upon a finding that the premises are only eligible for a provisional license as provided in subsection 407.13. (c) Before a decision to revoke, suspend, deny or not renew a license is made, the seu~s+t director must provide written notice to the applicant or licensee setting forth the alleged grounds for the potential action. Before final action to revoke, suspend, deny or not renew a license is taken, the applicant or licensee may appeal as set forth in subdivision 4 of this subsection. A decision to deny, not renew, suspend or revoke a license may only be made upon written findings. 372726v2 CAH RC160-5 ~l The seeas+4 director may consider the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply. (d) The seu~it director may suspend or revoke a license or not renew a license for part or all of a facility. (e) Upon a decision to revoke, deny or not renew a license, no new application from the current owner for the same facility will be accepted for a period of time specified in the seu~s+l director's written decision, not exceeding one year. New applications must be accompanied by a reinstatement fee, as specified in appendix D of this code, in addition to all other fees required by this section. (g) A written decision to revoke, suspend, deny or not renew a license or application will specify the part or parts of the facility to which it applies. Until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be relet or occupied. Revocation, suspension or non- renewal of a license will not excuse the owner from compliance with all terms of this section for as long as any units in the facility are occupied. (h) Failure to comply with all terms of this section during the term of revocation, suspension or non-renewal is a misdemeanor and grounds for extension of the term of revocation, suspension or continuation of non-renewal of the license. Subd. 4. Appeal. In any instance where the director has denied, revoked, suspended, or not renewed a license, the applicant or licensee may appeal the decision to the city council by delivering to the city clerk a notice of appeal within ten days of receipt by the applicant or licensee of notice of the decision by the director. The applicant or licensee will be given an opportunity for a hearing before the city council. The decision of the city council or any decision by the director which is not appealed in accordance with this paragraph is deemed a final determination by the city. Subd. 5. Renewal. The term of a license granted under this subsection is January 1 to December 31. Licenses are renewed annually. As a requirement of renewal of a license, the enforcement officer may direct that all dwellings owned by the licensee be inspected to ensure compliance with the housing maintenance code. The licensee must give notice of the annual inspection to all residents of dwellings owned by the licensee. Subd. 6. Transfer. A license is transferable upon application to the teeter director, and payment of the license transfer fee by the prospective owner. ,The license terminates if renewal or application for transfer is not made 372726v2 CAH RC160-5 ~,1 within 30 days befere after transfer of ownership of the apartment house or rental home. Sec. 4. Subsection 407.09 of the Richfield City Code is amended to read as follows: 407.09. Obligations of licensee. Subdivision 1. Report changes in ownership. The licensee must report to the director any changes in the identity of the owner, including a change in the majority shareholder or shareholders and officers in the case of corporations. The licensee must report a change in ownership at least 30 days be#ere after closing. Subd. 2. Display. Licenses issued under this subsection must be displayed on the premises of the apartment house or rental home, wherever feasible and produced upon demand of a prospective tenant or the ' director. Subd. 3. Tenant resister. The licensee must, as a continuing obligation of its license, maintain a current register of tenants and other persons who have a lawful right to occupancy of apartments within the apartment house or rental home. In its application, the licensee must designate the person or persons who will have possession of the register; and must promptly notify the ~~r°^+^r ^f n„h~;^ ~~f°fi~ director of any change of the identity, address or telephone numbers of such persons. The register must be available for inspection by the ' °~ director at all times. Subd. 4. Fees. The fees for licenses required by this subsection, as well as any penalties, are in the amounts established in appendix D of this code. Sec. 5. Subsection 407.13 of the Richfield City Code is amended to read as follows: 407.13. Provisional Licenses. Subdvision 1. When required. Unless the director determines otherwise based on exceptional circ;u~m,,s'tances, licensed apartment houses and rental homes E~~ t~t~tG~e-~°cr~re; ai°ecr-airave~ag~vfr ~feF-Cd r~nlin° nr fir° ^~Ile n°r rl~ei°Ilinir ~ ~r~i+ in ~ r~r°n°rlir~n civ mnn~h n°rinrJ ~c sp~f~ed-bc~ew-are eligible only for provisional licenses in the following circumstances: (a) Failure of licensee to correct inspection orders within 60 days. fib) Failure of licensee to renew rental license by February 15. ~c) Knowingly operating a rental property without a license. 372726v2 CAH RC160-5 ~~ (d) Knowingly operating a rental property in violation of the provisions of the housing maintenance code or the zoning regulations of the city, including without limitation occupancy requirements. In the event that a provisional license is required during a license year the licensee will be given credit for any regular license fee previously paid for that Year. ~e~r•° ~nif }'ir° n ~lle. }ha~a 'n~~n+ ~e-E c{~}°pmininn ~~ ih°+h°r n prn~iic~l~n'iI II('nn~° i~ r°n~ sir°r• i nnl~ ~rJ° +h° < fnlln~~iinn }yin° r c of n.+llc nr °v° n}e•• r.v..~._..~.. ..~~..~.~ /'1______/` .~. ..~Mw.,vv ajJs nr °~i°n - -- n,v,a.. ~av uw }~. li +°rJ in ~ - ,vnvvv, e•~5~/~ (17 '1 F e.~ ~hrli~iie~in n '1 ~~ ~• ~~ ~. Tt~~ rn cvcrn .~ ``^^ ~• ~• `"' a11TG1 ° Ve ~T c~ ~rr ntTVUte er ~ ~v- i~ed as- art e rrv~~ana-rvrnvr ne crimes in tk} rr e ~ '{ T r. g p ~e.~~~ il+ h~ ~r f nloni +h°f+ . e e s ~~ ~}n +hoff '+ e nrl r.rr.nr~• f s ~ {c3T ~ •aii$ Elf---e~F~S-~e( Elm ma h ~ r+ rv ° n ' n i a° i ~ c i ~n°n~ ~~+ i~ ni°nile~,~a#~ nr~ f~s~ ~- c.--v ~y-- ~ li~y~ ~nr n# ~ -r r crT~~ u - r c~- cp crr -~.,r. °nc+°c~ nr n~ ~rf°~~i ~iinl +• F ~ i > > f ~s~livPil r P2t~F~e~ e~S$°"I} i" r°° n r nnn }h ~ r+ ra pittFFit~ ij ~ ,- n r°I~+}°rl .~~+~'a~$~e t~Elf~fes- ~°n}n ~ T ~ e~ } ~,. ~~iil ~ }~i a ~ ' ° tt cv --e -p•E 6--sa r~ ~ cctG1 f +h° nnr•°e• ~nr• nrirv~°e• °iJ w i}hin °~nh of +h°~ }°nnri° n•f n Ile. nr °~i°n+e•• yr-cv~crt cS // h~( '' cPr~ fnr n~Irnn es~ n - ' '" e-~ ' n t ' f~e Winn ~•/h t# v ~fJ „ r Ct l7 Jr u i 7 ' c e; -a as a e , sec~ef~ a~~~ ~ a~d+v+sferr~~ h\ ,nd # ~~ n ~d } . -o-~ -w ere-- r~e- r~ ;~~,--r.. -~ a;,,~ ~ e e r~~~~~ ..~,~I I,~^7~ain~cJ.p~+ c. ...... •~~-f C',..,., ^^1I^ .~~p ~°c~~±~. ~[°rm ininn ~~ih cah-r°Ta ~T"VYl~fA1YQi'~ie GTT,7L'--FSP/'' 'Crwi"~GY~b~ uTG1TfaQ'~J-Z7GTITfed in I~Air~r.°e. ~ 372726v2 CAH RC160-5 ~~ Subd. 2. "~t+gu i^-Eligibility for regular license. A provisional licensee will be eligible to apply for a regular license when the circumstances leading to the provisional license have been corrected and maintained so for a period of at least twelve consecutive months. p~ ~+irr h ncrin~ o~ ~ n nl~n rv~~ ~c~ +~ar~G~zG n~ ~ .a , ~ ~ f f +inn nl~n w~~v innl~ ~rlc h~ ~ ~~e limi~~~ 5~#p~}G~ ,S: nh~nnoc in ~~~~ nh crl °n.~n ~~ ~ea ~e-te~ c.on~i~i'rFi'+`~'i 5 mc~c~~ Free n ~Io~ c~e~ ~' t , . . ~ ' /h~no •+nnlin~++inn ~~ii ~,a ~ nl.~n ~~iill ho nrocon+orJ +n ni+~i nn~ ~nnil t~e'ttF~r ~~~i~T~.vvmrrretldti~t~l'1'fl'~-y'IT ~~ v~e6+n~.c.Ttn +he rli~nnc~it~~ _,7 nro~on+ c~iii-lonno nni ~nnil ~~iill to-be-f~ ~~~~~t~o~n--~r-a{~p f e ~~iill +~++^ i+c ro~~+nn~ fnr cn rlninn in ~eiri+inn /n~TG~~ nc•^c m~~~+ nmm~hi~~~ ~mn~~p~J h`~~~ Gr+~ ~nnil. Aln I.++or +h.+n +he ~~n+h ~J~.i ~fFor o~nh n~lonrl~r mnn+h ~~rrtt~~onn~~rihin~t~yG ~on in f~ ~rFhoronne of +hc mi+inn+inn nlon iJ~ ~rinn +ho nronordinn rr~nn+h "'f~''"`'' e ~,~ ~ ~h~~+in~no ~ii~inn.~l li^~o~+ThT ~nnlin~n+ mi ~~+ ~1 nrnp i~~~~~~m~~n~~~~ nne rec+nnnc ihlc ~~n~~e-~~~1° /n\ Drn~iic inn~+l linon~^e r„w he nr~n+erl +n ~nnlinon+e ~eihn ~m~c~ . v .+ n~°.°.-lon+ nr nn c•i+v°--r~"rr°uiav r ~nrl lincncoc rN~~i nnnt~~~c-i~T 372726v2 CAH RC160-5 I~~~~ Ctle6 nn CtYli ~ eYttli~~ roc~irlen+ p~eTr-ttYI.~GVn' ianivn +rr hmu~a ~~~ mnnnnoc~n~_~~~~mT•~go~_~or~~~+ ~r~ ~`^f~n~`r^•~~nr! nmm~lc~+«~~~fL Sec. 6. Subsection 407.15 of the Richfield City Code is amended to read as follows: 407.15. Enforcement and administration. Subdivision 1. ~~/jpl~+inn of nAinnecn~~`~F~ ~ ' 'c nraorl~i ~ ~ n~~I~~e~fJgle~T~~~+inn Iiry~ /'2 \ T ~nr nr `~2 '~ ne~e n r ~ r rrYlYQtt / C. \ \~~ n nf Te ~ n rv -n + r °~ i n n A i n n o~ n~ e~T t - ~ C+n+~ ~+oc con+in n anQ 'Z'~'1 nnr! ~ hYttti cv n+c rol.~+inn +n ~ar z c t nrnc+i tF r Y~ ~S~ +i ~+inn f e s ~eii+h ~ no~no nff ino r\ s r /'1 n~~+inn of nAinnecn+n C+~+~ ~+e c ~n ' °rr vri~ii~ ' 6 c rr +hr /'I ~\ \/inl.~+inn of AAinnccna,~t~~~+inn L.`n~ 7'I C, /nrocon~~ ~ ~nl~~eif~ ~I .~ccemhl~i\ 372726v2 CAH RC160-5 /~~ v 'nl°c\ X4(1 1G /iJnnc\ a4(1.~~ /hnrl-. c.\ ~4~ ~ /rnrlinc+\ nnr) ~'Z11,~)~ /nni5.,~ n~+h°rinnc\ The ~ director is responsible for enforcement and administration of this section. T"T,,~cter ^f n11"'i^ °°f°+ , ^~.~•• relegate 7I I+hnri+Gi +n +.~L° ~r•v .ten+inn 7I I+hnri~°iJ I Ir1i-1°r +hin+ ~+°n+inn /htvj--cip8f~~cc°rcm-rirr'crcr"vi-"~•j i~e-~liv" fet~+h•'arruT-a-iicef~se~ nr°rnie°e I~i~~ IIQ°rJ in ~ ~ienrr!°rhi rr1~n1-~°r .mac. /"I°cnrih°r• in CIIh/1iGiiainn /~\ +h° P' ° ~ ~ +hi~.1~ I~°nc~~n~~ +°r•~ +r~ r~r°•i°r•+ f11rFh°r ~iinl.~+inr•c• /n\ If .~ c.°nnnr) inc.+inn° of rlicnrrl°rhi I IQ° of +h° linens.°rl nr°rvic+nc+ nnnl lrc• •ui+hin +hr°° w•'+n+hc of ~n innirl°n+ fnr I~ih inh ~ nr•+in° in r»r~rY r.~nh /h\ ui~~ niGi°n 1 t~e~+6eRSc° ~~hmi+ ~ ~•iri#°n r°Y,r,r+ of +h° ~n+innc~ +.~I~°n ~n.J r.rnr,nc~°rl +n h° T ~rrrrc-a--vvrrcccrr,~r} {' , r} ctv~-r~~cai~ ~ vccrcv~c ta~Ge ~ •~ Iincn~`~r.7°ce cv~Tev~'ehl'rTGTl~~crl•~il'I~s°..~~ r~r~mive.~7-Trli-s~ •eii+hin +h° r•r°n°iJir•n +hr°° mnn+h~ /~! I-rr°Ttt'Flrra--r rcita~a~di--~I~d•°rhi I IC° of +h° lin~p~ nr°rvie°~ nnnl lrc. f'' li °nc.° fnr ~.~I nr°mi~°~ Y11rJ•~ h° rl°r•i°rl r°•in4 c~19°rIr!°rl nr nn+ r°n°~•i°r! rr6crr~~vr-ttil. c~crrrcc~rcv-vrcCt~q~pcrrcrca--vr-nvc-rcrrcvrccr of nllhlin ~~f°+•i rlir +nr I~iill in1 +° .~r• ~ +inn +n rl i r°~inL° T#e-~Ifeeter T~--a,Tes~-~„Tt+a~r-a ~Q.~~ I IQn°nrl nr nn n°I~i ~ lin°nc.° I mi-1 °n+inn The rJir of nI Ihlin ~~f i s~1~~,Qt~er«-a-~,~~~QeF s-sue,--rT,~Q~reeter Te#~ feti.ILrni~i° ~~iritt~~~~ IIn°no~T~~~~pp~ ni+~i nnllnnil +r~ nh rl°ni~l r°•i~n~+inn n°n n `^~ ~~°~i-~cG~i~l CI Inh •~iri}}°n nn+in° ~~r~er-s~vrrcrcrTrarT ~ {~pcn~~Brre~~r-rc~vtxrvavrr~rrT000n-rtvcroc I~I,T~°nifli III Giinl~+innc• n~v c°n+inn ~nrl ~+°t~~c°~a+t~+im°1 nl~nn° .,cru npIR1~ P~ao~~nT~h°~ri~T~hT~~rinn ~~iill h° h~lrl~~~t n +pq~,~ .~n~o ~~ n '2(1 rJ~•i 'jinn cI Inh nnfin°. CnIIn~~~nT~~T~ ~r~i~n~~ ~ `"`^l~~" nn1~ri °•inL° c.I I °nlin° +~ r°n°•~i +h° lin v n~r1 nr e~-r~Q,~~,~ ~T~TT~~er~s n'+r+r•i+innc ~c i+ r•°°rvc n°n°c c•~ni +n ~nnnrr•nlic h +h° nI Irnnc•°c .,f +hic c•°n+inn (°\ 7 +hirrl ino n° r,f rli~~rrl°rl•i IIr° "f +h° lin°nc.°r• nr°rr•in°~ c. r~,,, i-cr rr crry--avc-vr-aT~cTracrrsca-prcn~c~-cry d•etltte~--~~~a n hprr~~ttil~--dtte6 f r• I I h I i n ~.~f°+• i rrG.~ • i r~ I ~ n° ~~~~~~ nf~1j _a ~h~rF ~J~ n° of rJi~~rrl°rI•i I Ic~° of ~~i~~°~ °rv~~~T ry~~~~ r°nnnc irl°r~+inn mI IC+ h° CI Ihmi#°r! in uuri+inn +n +h° /dir°nfnr of nl Ihlin enf°}v ~~ii+hin ~vVV11VIMV1 M41V11 IIINVI VV VMNIIIIl4V\A III YYI IGl1-1- 372726v2 CAH RC160-5 ~.i~ 4on Ewa ~f4er Oho lincnaoe h~a ronoi~ioiJ nn4in c 4h~4 Oho linonac ~eiill ho nhnoi-! in4n r~rn~iiainn~l a+~ti ~~+ /f\ If ~ linenave hrinna ~n evin4inn ~n4i nn ~n~ina4 ~ rcairlon4 ~~ .~ roar X14 of e + rt° v~~ ~ ~ "' + ~~iill he ovnl~~i•loi•1 h~i +ho - -- -- ~ tltitt~ tFtV -FFt'.? s . r vvm p~cnvracrca ~~ma. /n\ Cnr n~ ern of ~ a~ ~haon ses t#i onnnrl ~nrJ 4hirrl inc. noa of s ta-r - ~ ~ ~-~,~~ -m- rlianrrlerly ~ Sao mill he 4hnae ~~ihinh• ,~ -m /') \ nnn~ ~r ~~ a a~ ni 4 ~ ~~~ .~I ~~ m ° ~ r r r rl ~ e /7\ in~inlve reoii-0 + acme ren4~ e~s~ t~x~ l ~ ~ni+• nr - .,,,~r~ t ~ /'l\ in~inl~ic n~ioct~}°°~ c~ ~~ n+~ l ~init• nr e //I\ in~inlvc n~~oata nr invi},~,~,., ^f ~.M, a~ ~ mc rcaii•l - on4• nr ' ~C~rltil . a /C.\ in~inhie n~me~~GTnrr rr~c rc.~u urr rvr /h\ o rr~~~i n ~ ~ n ~•1° ~~ n i° v ~ an a ~ crd nr nn4 rono~~ioi•) ~-r~ `7~rr '~-r ' c v r r c - , , vp ccr'vr-rtv~r~rra~vrccr ~n i~~+cnave 4n .~ re 6 "~ ~ "'7 h~i +h~4 roc~~ aird ~_ e n.~+~~ ~~ n~ ~ nre m,~~~ ~rw na{~$~ u °v nc°H Oho r•lianri•lorl~i vf ~he rec ii•lcn+~~ uni4 An ~n4inn 4n i•Ipn~i ~o~i -- nLo aeo - n r 9 c nn4 r~n - YJ- ~cnoo h~c.e.-l n - crrm: ram avcrvrrc~a`'' ~ ~ 7 , ~ cv vic~l~+inna of 4hia acntinn rw» - vrc~.ra ~i ho nn ~ , a4nnnoi•1 n r c r iliannn4in~ ~o~J ~ crr~c vas ~4 ~n~i 4imo if 4h vlviucro rr.»r crn~~cvcro ' ~eGt$r~ a u h I v--~af~+ -v iT° ct~~ ci r m ' n ° ~ t~~t~v . ~ n aee h ~ a ~° n r ~ vrt ccy c r crr rr m c cr r of iliannlorhi ~ Sao /i\ A rJ~~ ~rmin~+,,~.., lin e~ 5 omiaoa h~~i - - - o heron ~ ~a in ~ - 1r~rvCt~.~-mmutiGt~ ~ . =..~ ^ ^. ~-=~ v~.crr cr~Ctl-T-rcr ennc 4n a~ ~ ey~ AF~-S~I~ ~rmi ~Gt n~ n 1 t19 - 4 is nn4 nono aa~ni 4h~4 nrimin~l ~.~,~ ~ ho hrn~ ~nh4 in nr~•1 nh ~r ~~ ~F~~ „- r ,~ nnn~ n~~~~~ ~~r~~ • .~„~ i•lianr~•lerl~~ ~ ~ ~ a~ ~anonainn nr nnn_ rone~~i~l o f ~ lincno o ~ mi•ler 4h ia aen4inn f /i\ All nn4inca nivon h~i 4ho ni4~i ~~nilor Ohio oon4inn ..ill ho norann~lly aonioi-1 linona p~`+ cn t ~ ~4n 4~ roona~lna4 Lnn~~in ni•1rJroaa n ~~ ~~ ~ ~ ~ ~ Oho linonaoi•1 nromiaea Subd. 2. {Enforcement actions provided in this section are not exclusive, and the city Ee~s+l may take any action with respect to a licensee, a resident, or the licensed premises as is authorized by this code or state law. 372726v2 CAH RC160-5 ~,i~ Sec. 7. This ordinance shall be effective as provided in section 3.09 of the Richfield City Charter. Adopted this day of , 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 372726v2 CAH RC160-5 AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING AUGUST 9, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRIS LINK, OPERATIONS MANAGER ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the special assessment roll for removal of diseased trees from private property for work ordered in 2009. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached resolution adopting the assessment for removal of diseased .trees from private property in the amount of $33,587.84 for work ordered from January 1 through December 31, 2009 . II. BACKGROUND Property owners of diseased trees have four options available for private tree removal: 1. Remove the tree themselves. 2. Hire and pay their own contractor. 3. Hire the City's contractor and pay for the -removal. 4. 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 and requested that the cost of the 080910TreeAssess STREETS/FORESTRY tree removal be assessed. The total amount to be assessed is $33,587.84. On July 13, 2010, City Council scheduled this public hearing regarding this assessment roll III. BASIS OF RECOMMENDATION A. POLICY • e wor as een one wit prior approval from the affected residents. • The proposed assessment was properly filed with the City Clerk. • The Public Hearing Notice was published in-the official newspaper on July 22, 2010. • Notices of the assessment hearing were mailed to the owner of each parcel described in the assessment roll on July 14, 2010 meeting the two-week notification requirement. B. RITICAL TIMING ISSUES • nor a ore eptem er st o 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 • e costs to a assesse or t e 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. • City ordinance provides that special assessments for current services may be certified to the County Auditor for collection along with taxes. This certification may provide that the assessments be completely paid in the first year or in annual installments. It is recommended such payments be due and payable over afive-year pperiod due to the increased cost of removals. • No interest will be charged if the entire assessment is paid before November 15, 2010. After that date, the City has the right to charge interest on the amount assessed in that the City provided the funds for the initial expense. It is recommended that the interest rate be established at six percent (6%). D. LEGAL • o ega 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 • one. - IV. ALTERNATIVE RECOMMENDATION S •~ ounce may revise t e specia assessment roll as deemed necessary following the public hearing. V. ATTACHMENTS • eso ution • Assessment Roll • Notice of Assessment Hearing mailed to residents VI. PRINCIPAL PARTIES EXPECTED AT MEETING • one ~,1 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 ~-a NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. Such proposed assessment roll, in the amount of $33,587.84, is hereby accepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of the assessment levied against it. 2. Such assessment shall be payable in no more than five annual installments and shall bear interest at the rate of six (6%) percent from the date of adoption of this assessment resolution. 3. The- owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the City's Assessing Division, and he may at any time thereafter, pay to the City's Assessing Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31St of the year in which such payment is made. Such payment must be made before November 15t" or interest will be charged through December 31St of the next succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the property tax lists of the County and such assessments shall be collected and paid .over in the same manner as other municipal taxes. Passed by the City Council of the City of Richfield, Minnesota this 9t" day of August, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 2009 Diseased Tree Removal Assessment Roll ADDRESS CITY PID # ASSESSMENT 120 East 69th St. Richfield, MN 55423 27-02824-43-0091 $849.75 320 W. 70th St. Richfield, MN 55423 27-02824-34-0021 $630.00 1014 W. 66th Street Richfield, MN 55423 28-02824-14-0367 $370.80 1319 W. 73rd St. Richfield, MN 55423 33-02824-13-0048 $978.50 1528 E. 66th St. Richfield, MN 55423 26-02824-14-0109 $612.85 6227 Humboldt Ave. S. Richfield, MN 55423 28-02824-12-0014 $2,252.78 6300 Knox Ave. S. Richfield, MN 55423 28-02824-21-0103 $1,874.60 6301 Knox Ave. S. Richfield, MN 55423 28-02824-21-0102 $1,175.00 6639 EltiotAve. S. Richfield, MN 55423 26-02824-31-0039 $2,178.45 6715 Portland Ave. S. Richfield, MN 55423 26-02824-32-0089 $1,874.60 6720 Oakland Ave. S. Richfield, MN 55423 26-02824-32-0126 $1,874.60 6725 - 4th Ave. S. Richfield, MN 55423 27-02824-41-0094 $1,072.75 6900 - 13th Ave. S. Richfield, MN 55423 26-02824-43-0073 $128.75 6901 Blaisdell Ave. S. Richfield, MN 55423 27-02824-34-0072 $1,153.60 7044 Elliot Ave. S. Richfield, MN 55423 35-02824-21-0045 $1,760.00 7101 Oliver Ave. S. Richfield, MN 55423 33-02824-22-0112 $1,606.80 7128 Lyndale Ave. S. Richfield, MN 55423 33-02824-14-0078 $478.95 7132 Elliot Ave. S. Richfield, MN 55423 35-02824-21-0034 $342.65 7138 Elliot Ave. S. Richfield, MN 55423 35-02824-21-0035 $262.65 7312 Grand Ave. S. Richfield, MN 55423 34-02824-23-0131 $1,236.00 7321 Emerson Ave. S. Richfield, MN 55423 33-02824-13-0093 $4,210.13 7325 Emerson Ave. S. Richfield, MN 55423 33-02824-13-0092 $1,181.93 7400 Pillsbury Ave. S. Richfield, MN 55423 34-02824-31-0049 $463.50 7408 - 11th Ave. S. Richfield, MN 55423 35-02824-31-0082 $849.75 7412 Pillsbury Ave. S. Richfield, MN 55423 34-02824-31-0059 $463.50 7435 Penn Ave. S. Richfield, MN 55423 33-02824-32-0029 $993.95 7520 Blaisdell Ave. S. Richfield, MN 55423 34-02824-31-0099 $2,711.00 Total $33,587.84 __._~ ~ "l Date Name Address City/State/Zip P I D#: 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. ~,5 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 by you, 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 9t . Questions? Questions concerning this assessment amount should be directed to Chris Link, Operations Manager Streets/Forestry @ 612-861-9174. AGENDA SECTION: public Hearin AGENDA ITEM # $ ~ REPORT # 150 ~' STAFF REPORT CITY COUNCIL MEETING AUGUST 9, 2010 REPORT PREPARED BY: DEPARTMENT DIIZECTOR REVIEW: REVIEWED BY CITY MANAGER: MARK HALL, OPERATIONS MANAGER PARKS/FLEET NAME. TITLE SIGNATURE ;.~. . ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the attached resolutions pertaining to the annual 77th Street maintenance district assessment process. I. RECOMMENDED ACTION: Conduct and close the public hearing and 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. 2. Adopt the attached resolution proposing a similar assessment process to be implemented for 2011. 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 and 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. Staff is recommending that the City Council approve resolutions that: 1. Assess $62,894.55 against the 77t" Street properties for work done in 2009. 2. Propose a similar assessment process for 2011. III. BASIS OF RECOMMENDATION 080910-77th0911 assess A. POLICY • Resolution No. 7405, adopted in 1988, established a policy for assessing the costs. • Staff has calculated the proper amounts to be assessed against every assessable lot, piece or parcel of land specially benefited. The proposed assessment was properly filed with the City Clerk. • Notice of the public hearing for the proposed maintenance costs in 2009 was mailed to all owners of commercial property in the area and was published in the official newspaper July 22, 2010, as required by law. B. CRITICAL TIMING 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 • Total cost for 77th Street Maintenance is $62,894.55 for 2009. • 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 • City ordinance provides that special assessments for current services may be certified to the County Auditor for collection along with taxes. It is the staff recommendation that such payments be due and payable within the first year, rather than in installments. The City has the right to charge interest on the amount assessed in that the City provided the initial funds for the services. It is also staff's recommendation that the interest rate be established as six percent (6%). Payment may be made by the assessed owner before November 15, 2010 in order to avoid interest payments. Payments made after that date would include the interest payment. • The estimated maintenance cost for the period January 1 through December 31, 2010 is $80,000. All commercial properties would be assessed on a square foot basis. All residential properties, plus the two churches in the area, would be exempt from the special assessment levy. D. LEGAL • The City Council scheduled a public hearing for August 9, 2010 on the assessment for the cost of maintenance services performed in the 77th Street Project area for 2009 and to consider the establishment of a special assessment district for maintenance service costs for 2011. • The City Attorney will be in attendance at the Council meeting should a legal question arise. E. ENVIRONMENTAL CONSIDERATIONS • None. IV. ALTERNATIVE RECOMMENDATION~S~ • Council may make any changes to the assessment roll as a result of the public hearing by adding the phrase "and has amended such proposed assessment as it deems just." V. ATTACHMENTS • Resolution adopting assessments for 77th Street Maintenance in 2009 • Resolution proposing to specially assess for current services for 2011. • The 2009 assessment roll • The 2011 assessment roll • Copy of letter sent to property owners • Graphic displaying 77th Street special assessment district. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • City staff has been available during business hours and at City Hall immediately prior to the public hearing to answer questions and concerns of property owners regarding the 2009 special assessment. ~a, r RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT ON 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1 -DECEMBER 31, 2009 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and passed upon all objections to the proposed assessment for current services related to maintenance of the 77th Street Redevelopment Project, which is approximately bounded east of I-35W and west of Cedar Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: Such proposed assessment roll in the total amount of $62,894.55 is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of assessment levied against it. Such assessment shall be payable before or during 2010 and shall bear interest at the rate of six percent (6%) from the date of adoption of this assessment resolution. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the City's Finance Division and may, at any time thereafter, pay to the City's Finance Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the proper tax lists of the County and such assessment shall be collected and paid over in the same manner in other municipal taxes. Passed by the City Council of the City of Richfield, Minnesota, this 9th day of August 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. ~a'~ RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT 77TH STREET PROJECT AREA JANUARY 1 THROUGH DECEMBER 31, 2011 WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did establish a special assessmen# district and did propose that certain current services be undertaken by the City in the 77th Street Project Area, approximately bounded by I-35W, 77th Street, I-494 and Cedar Avenue and that the cost of such services be specially assessed against benefited property, and WHEREAS, the City Council of the City of Richfield did also by such resolution set the date of the public hearing on the undertaking of such current service project and the levying of special assessment to bear the cost thereof, and WHEREAS, following due notice, such public hearing was held on August 9, 2010 at which time all interested parties desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the following examples of current services of the City shall be undertaken by the City within the 77th Street Project Area, which area constitutes the special assessment district with the exception of residential properties, plus the two churches in the area, with the cost of such services to be specially assessed against the benefited property within the district: a. Snow, ice or rubbish removal; b. Weed elimination; c. 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; d. Street sprinkling or other dust treatment of streets; e. Trimming and care of trees and the removal of unsound trees; f. Repair of sidewalks, crosswalks and other pedestrian walkways; g. Operation of the street lighting system; h. Maintenance of landscaped areas and other public amenities on or adjacent to street right-of-way; i. Snow removal and other maintenance of streets; j. General maintenance, including repairs and replacement. 2. The. work to be performed may be by day labor, by City force, by contract or by any combination thereof. 3. The designated period of the project shall be from January 1 through December 31, 2011. Costs of the project shall be in the manner provided in the Richfield Ordinance Code. Passed by the City Council of the City of Richfield, Minnesota this 9th day of August, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Tue Aug 3, zo10 4:0o pm CITY OF RICHFIELD Page 1 Levy Listing PROPERTY ID LOCATION ADDRESS OWNER AMOUNT ADD ON TOTAL SQ FT ~,.€ 33-02824-43-0019 1401 WEST 76TH STREET MN SCHOOL OF BUSINESS INC $1,969.47 $0.00 $1,969.47 115,200.00 33-02824-43-0049 2 MERIDIAN CROSSINGS OTR $3,393.06 $0.00 $3,393.06 198,470.00 33-02824-43-0050 1 MERIDIAN CROSSINGS OTR % ESOM PROPERTIES INC $3,715.64 $0.00 $3,715.64 217,339.00 33-02824-44-0110 LYNDALE & W 76TH STREET KENSINGTON PARK RETAIL LLC $234.62 $0.00 $234.62 13,723.50 33-02824-44-0112 WEST 77TH STREET &LYNDALE KENSINGTON PARK RETAIL LLC $831.91 $0.00 $831.91 48,661.00 33-02824-44-0113 7630 LYNDALE AVENUE SOUTH KENSINGTON PARK RETAIL LLC $206.40 $0.00 $206.40 12,073.00 33-02824-44-0114 LYNDALE AVENUE SOUTH & W 7 KENSINGTON PARK RETAIL LLC $17.97 $0.00 $17.97 1,051.00 33-02824-44-0115 7644 LYNDALE AVENUE SOUTH KENSINGTON PARK RETAIL LLC $173.35 $0.00 $173.35 10,140.00 33-02824-44-0231 1150 78TH STREET WEST CSM INVESTORS INC $6,409.23 $0.00 $6,409.23 374,895.00 33-02824-44-0232 900 78TH STREET WEST CSM SHOPS INC $5,585.45 $0.00 $5,585.45 326,710.00 33-02824-44-0233 7700 LYNDALE AVENUE SOUTH CITY OF RICHFIELD/LIQUOR $402.66 $0.00 $402.66 23,553.00 33-02824-44-0234 704 78TH STREET WEST CSM SHOPS INC $211.26 $0.00 $211.26 12,357.00 33-02824-44-0235 980 78TH STREET WEST CSM SHOPS INC $204.33 $0.00 $204.33 11,952.00 33-02824-44-0236 CSM SHOPS INC $400.13 $0.00 $400.13 23,405.00 34-02824-21-0004 7100 PLEASANT AVENUE SOUTH SOO LINE RAILROAD COMPANY $432.15 $0.00 $432.15 25,278.00 34-02824-33-0003 509 WEST 77TH STREET LA METTRY PROPERTIES LLC $1,054.74 $0.00 $1,054.74 61,695.00 34-02824-33-0004 501 WEST 77TH STREET JOANNE M LAMETTRY $577.03 $0.00 $577.03 33,752.00 RICHARD A LAMETTRY 34-02824-33-0005 7724 HARRIET AVENUE SOUTH LE METTRY PROPERTIES LLC $103.31 $0.00 $103.31 6,043.00 34-02824-33-0006 500 WEST 78TH STREET RICHARD A LAMETTRY $356.88 $0.00 $356.88 20,875.00 34-02824-33-0007 0401 WEST 77TH STREET THOMAS I WOOD $103.31 $0.00 $103.31 6,043.00 ~~ Q Tue Aug 3, 2010 4:00 pm CITY OF RICHFIELD Levy Listing PROPERTY ID LOCATION ADDRESS OWNER 34-02824-33-0080 400 WEST 78TH STREET RICHFIELD-BLMGTN HONDA 34-02824-33-0081 7745 LYNDALE AVENUE SOUTH RICHFIELD HOTEL ASSOC L P 34-02824-33-0082 7701 LYNDALE AVENUE SOUTH RICHFIELD HOTEL ASSOC L P 34-02824-33-0087 301 WEST 77TH STREET CITY OF RICHFIELD/HRA 34-02824-33-0088 351 WEST 77TH STREET HPT CW II PROP TRUST 34-02824-33-0150 7645 LYNDALE AVENUE SOUTH RICHFIELD SENIOR HOUSING INC 34-02824-33-0151 7645 LYNDALE AVENUE SOUTH RICHFIELD SENIOR HOUSING INC 34-02824-33-0152 7645 LYNDALE AVENUE SOUTH MAIN STREET OFFICE LLC 34-02824-33-0153 7645 LYNDALE AVENUE SOUTH MAIN STREET OFFICE LLC 34-02824-33-0154 7645 LYNDALE AVENUE SOUTH MAIN STREET OFFICE LLC 34-02824-33-0155 7645 LYNDALE AVENUE SOUTH MAIN STREET OFFICE LLC 34-02824-34-0001 S4 WEST 78TH STREET SHERWIN-WILLIAMS DEV CORP 34-02824-340073 7700 PILLSBURY AVENUE SOUT CITY OF RICHFIELD 34-02824-34-0053 200 WEST 78TH STREET TWO S PROPERTIES, INC 34-02824-34-0054 7700 WENTWORTH AVENUE SOU LEIGHTON PARTNERS LLC ATTN CHIE 34-02824-34-0055 7720 WENTWORTH AVENUE SOU HILMER M HOVELSON 34-02824-34-0056 100 WEST 78TH STREET VIKING PAINTS 34-02824-34-0057 7721 PILLSBURY AVENUE SOUT VIKING PAINTS, INC 34-02824-34-0058 7715 PILLSBURY AVENUE SOUT WILLIAMS PROPERTIES LLC 34-02824-34-0059 7717 PILLSBURY AVENUE SOUT ROBERT A GEORGE 34-02824-34-0060 7709 PILLSBURY AVENUE SOUT KERKER PROPERTIES LLC 34-02824-34-0061 7701 PILLSBURY AVENUE SOUT BRUCE WALTER KIENKE Page 2 AMOUNT ADD ON TOTAL SG2 FT $2,451.59 $0.00 $2,451.59 143,401.00 $1,242.54 $0.00 $1,242.54 72,680.00 $113.40 $0.00 $113.40 6,633.00 $843.28 $0.00 $843.28 49,326.00 $1,790.39 $0.00 $1,790.39 104,725.00 $243.69 $0.00 $243.69 14,254.20 $123.15 $0.00 $123.15 7,203.50 $120.44 $0.00 $120.44 7,044.70 $131.14 $0.00 $131.14 7,670.80 $112.55 $0.00 $112.55 6,583.40 $243.69 $0.00 $243.69 14,254.20 $245.84 $0.00 $245.84 14,380.00 $701.67 $0.00 $701.67 41,043.00 $1,584.29 $0.00 $1,584.29 92,670.00 $345.73 $0.00 $345.73 20,223.00 $345.20 $0.00 $345.20 20,192.00 $399.28 $0.00 $399.28 23,355.00 $579.78 $0.00 $579.78 33,913.00 $86.30 $0.00 $86.30 5,048.00 $86.30 $0.00 $86.30 5,048.00 $172.88 $0.00 $172.88 10,112.00 $172.89 $0.00 $172.89 10,113.00 Q r Tue Aug 3, 2010 4:00 pm CITY OF RICHFIELD Levy Listing PROPERTY ID LOCATION ADDRESS OWNER 34-02824-34-0065 7700 NICOLLET AVENUE SOUTH 7700 NICOLLET, LLC 34-02824-34-0066 7720 NICOLLET AVENUE SOUTH SPEEDWAY SUPERAMERICA LLC %PR 34-02824-43-0005 140 EAST 78TH STREET RALEIGH P NELSON 34-02824-43-0006 7701 NICOLLET AVENUE SOUTH MENARD INC 34-02824-43-0007 7717 NICOLLET AVENUE SOUTH YAU MUI LO YIK CHI LO 34-02824-43-0077 7745 2ND AVENUE SOUTH ROBERT LURTSEMA 34-02824-44-0006 7700 PORTLAND AVENUE SOUTH ELSEN BROTHERS INC 34-02824-44-0007 7730 PORTLAND AVENUE SOUTH D B R INC %ELSEN BROTHERS INC 34-02824-44-0023 500 EAST 78TH STREET A G BOGEN CO 34-02824-44-0024 7708 5TH AVENUE SOUTH TBG, LLC 34-02824-44-0025 7714 5TH AVENUE SOUTH GARY WIBERG 34-02824-44-0027 7701 5TH AVENUE SOUTH A G BOGEN 34-02824-44-0028 415 EAST 77TH STREET RICHFIELD WHEEL ALIGNMENT RONALD HESSE 34-02824-44-0029 7731 4TH AVENUE SOUTH BLAYLOCK PLUMBING CO 34-02824-44-0030 7715 4TH AVENUE SOUTH RICHFIELD BLOOMINGTON CRE 34-02824-44-0031 7744 5TH AVENUE SOUTH DJ & DJ LLC 34-02824-44-0032 345 EAST 77TH STREET RICHFIELD-BLOOMINGTON CU 35-02824-33-0006 7701 PORTLAND AVENUE SOUTH ASIAN DIRECT ORIENTAL MARKET INC DAR LAO 35-02824-33-0007 7727 PORTLAND AVENUE SOUTH UNICARE HOMES, INC Page 3 AMOUNT ADD ON TOTAL SQ FT $319.32 $0.00 $319.32 18,678.00 $300.82 $0.00 $300.82 17,596.00 $686.77 $0.00 $686.77 40,171.00 $5,264.73 $0.00 $5,264.73 307,950.00 $1,658.83 $0.00 .$1,658.83 97,030.00 $391.52 $0.00 $391.52 22,901.00 $249.71 $0.00 $249.71 14,606.00 $398.53 $0.00 $398.53 23,311.00 $494.61 $0.00 $494.61 28,931.00 $173.20 $0.00 $173.20 10,131.00 $170.04 $0.00 $170.04 9,946.00 $227.69 $0.00 $227.69 13,318.00 $173.80 $0.00 $173.80 10,166.00 $355.51 $0.00 $355.51 20,795.00 $272.77 $0.00 $272.77 15,955.00 $523.45 $0.00 $523.45 30,618.00 $628.01 $0.00 $628.01 36,734.00 $383.45 $0.00 $383.45 22,429.00 $505.09 $0.00 $505.09 29,544.00 v4 Q v Tue Aug 3, 2010 4:00 pm CITY OF RICHFIELD Levy Listing PROPERTY ID LOCATION ADDRESS OWNER 35-02824-33-0008 7733 PORTLAND AVENUE SOUT H BILL DAVIS SINCLAIR OIL CORP 35-02824-33-0009 616 EAST 78TH STREET LOIS BERG 35-02824-34-0002 7744 12TH AVENUE SOUTH B & S LAND DEVELOPMENT LLC 35-02824-43-0006 7715 14TH AVENUE SOUTH A G BOGEN CO 35-02824-43-0008 1200 EAST 78TH STREET PMB HOSPITALITY LLC 35-02824-43-0073 1400 EAST 78TH STREET A G BOGEN 35-02824-43-0074 1420 EAST 78TH STREET A G BOGEN COMPANY 35-02824-43-0076 1500 EAST 78TH STREET A G BOGEN COMPANY 35-02824-44-0004 7636 CEDAR AVENUE SOUTH MOTEL 6 OPERATING L P #1106 35-02824-44-0006 1710 EAST 78TH STREET CITY OF RICHFIELD/HRA 35-02824-44-0007 1640 EAST 78TH STREET JERRY E MATHWIG 35-02824-44-0008 1620 EAST 78TH STREET JERRY MATHWIG %METRO SALES INC 35-02824-44-0010 1550 EAST 78TH STREET ADLER GRADUATE SCHOOL 35-02824-44-0031 1600 78TH STREET EAST 494 BUILDING PARTNERSHIP LLC FRONTLINE INVESTMENTS INCORPOF 35-02824-44-0032 78TH EAST BLOOMINGTON AVE N CLEAR CHANNEL OUTDOOR INCORPC Total # of Parcels: 76 Totals: Page 4 AMOUNT ADD ON TOTAL SQ FT $464.71 $0.00 $464.71 27,182.00 $424.36 $0.00 $424.36 24,822.00 $423.16 $0.00 $423.16 24,752.00 $705.88 $0.00 $705.88 41,289.00 $804.57 $0.00 $804.57 47,062.00 $274.34 $0.00 $274.34 16,047.00 $844.65 $0.00 $844.65 49,406.00 $1,047.48 $0.00 $1,047.48 61,270.00 $948.03 $0.00 $948.03 55,453.00 $574.12 $0.00 $574.12 33,582.00 $708.87 $0.00 $708.87 41,464.00 $948.40 $0.00 $948.40 55,475.00 $2,403.93 $0.00 $2,403.93 140,613.00 $593.28 $0.00 $593.28 34,703.00 $32.00 $0.00 $32.00 1,872.00 $62,894.55 $0.00 $62,894.55 3678890.3 C~~ Tue Aug 3, 2010 4:01 pm CITY OF RICHFIELD Page 1 **Projected** Levy Listing PROPERTY ID - LOCATION ADDRESS - -- - OWNER AMOUNT ADD ON TOTAL SQ FT 33-02824-43-0019 1401 WEST 76TH STREET- MN SCHOOL OF BUSINESS INC $2,505.10 $0.00 $2,505.10 115,200.00 33-02824-43-0049 2 MERIDIAN CROSSINGS OTR $4,315.87 $0.00 $4,315.87 198,470.00 33-02824-43-0050 1 MERIDIAN CROSSINGS OTR % ESOM PROPERTIES INC $4,726.19 $0.00 $4,726.19 217,339.00 33-02824-44-0110 LYNDALE & W 76TH STREET KENSINGTON PARK RETAIL LLC $298.43 $0.00 $298.43 13,723.50 33-02824-44-0112 WEST 77TH STREET &LYNDALE KENSINGTON PARK RETAIL LLC $1,058.17 $0.00 $1,058.17 48,661.00 33-02824-44-0113 7630 LYNDALE AVENUE SOUTH KENSINGTON PARK RETAIL LLC $262.54 $0.00 $262.54 12,073.00 33-02824-44-0114 LYNDALE AVENUE SOUTH & W 7 KENSINGTON PARK RETAIL LLC $22.85 $0.00 $22.85 1,051.00 33-02824-44-0115 7644 LYNDALE AVENUE SOUTH KENSINGTON PARK RETAIL LLC $220.50 $0.00 $220.50 10,140.00 33-02824-44-0231 1150 78TH STREET WEST CSM INVESTORS INC $8,152.35 $0.00 $8,152.35- 374,895.00 33-02824-44-0232 900 78TH STREET WEST CSM SHOPS INC $7,104.53 $0.00 $7,104.53 326,710.00 33-02824-44-0233 7700 LYNDALE AVENUE SOUTH CITY OF RICHFIELD/LIQUOR $512.18 $0.00 $512.18 23,553.00 33-02824-44-0234 704 78TH STREET WEST CSM SHOPS INC $268.71 $0.00 $268.71 12,357.00 33-02824-44-0235 980 78TH STREET WEST CSM SHOPS INC $259.90 $0.00 $259.90 11,952.00 33-02824-44-0236 CSM SHOPS INC $508.96 $0.00 $508.96 23,405.00 34-02824-21-0004 7100 PLEASANT AVENUE SOUTH SOO LINE RAILROAD COMPANY $549.69 $0.00 $549.69 25,278.00 34-02824-33-0003 509 WEST 77TH STREET LA METTRY PROPERTIES LLC $1,341.60 $0.00 $1,341.60 61,695.00 34-02824-33-0004 501 WEST 77TH STREET JOANNE M LAMETTRY $733.96 $0.00 $733.96 33,752.00 RICHARD A LAMETTRY 34-02824-33-0005 7724 HARRIET AVENUE SOUTH LE METTRY PROPERTIES LLC $131.41 $0.00 $131.41 6,043.00 34-02824-33-0006 500 WEST 78TH STREET RICHARD A LAMETTRY $453.94 $0.00 $453.94 20,875.00 34-02824-33-0007 0401 WEST 77TH STREET THOMAS I WOOD $131.41 $0.00 $131.41 6,043.00 ...-> Tue Aug 3, 2010 4:01 pm CITY OF RICHFIELD Page 2 **Projected** Levy Listing PROPERTY ID LOCATION ADDRESS OWNER AMOUNT ADD ON TOTAL SQ FT 34-02824-33-0080 400 WEST 78TH STREET RICHFIELD-BLMGTN HONDA $3,118.35 $0.00 $3,118.35 143,401.00 34-02824-33-0081 7745 LYNDALE AVENUE SOUTH RICHFIELD HOTEL ASSOC L P $1,580.48 $0.00 $1,580.48 72,680.00 34-02824-33-0082 7701 LYNDALE AVENUE SOUTH RICHFIELD HOTEL ASSOC L P $144.24 $0.00 $144.24 6,633.00 34-02824-33-0087 301 WEST 77TH STREET CITY OF RICHFIELD/HRA $1,072.63 $0.00 $1,072.63 49,326.00 34-02824-33-0088 351 WEST 77TH STREET HPT CW II PROP TRUST $2,277.32 $0.00 $2,277.32 104,725.00 34-02824-33-0150 7645 LYNDALE AVENUE SOUTH RICHFIELD SENIOR HOUSING iNC $309.97 $0.00 $309.97 14,254.20 34-02824-33-0151 7645 LYNDALE AVENUE SOUTH RICHFIELD SENIOR HOUSING INC $156.65 $0.00 $156.65 7,203.50 34-02824-33-0152 7645 LYNDALE AVENUE SOUTH MAIN STREET OFFICE LLC $153.19 $0.00 $153.19 7,044.70 34-02824-33-0153 7645 LYNDALE AVENUE SOUTH MAIN STREET OFFICE LLC $166.81 $0.00 $166.81 7,670.80 34-02824-33-0154 7645 LYNDALE AVENUE SOUTH MAIN STREET OFFICE LLC $143.16 $0.00 $143.16 6,583.40 34-02824-33-0155 7645 LYNDALE AVENUE SOUTH MAIN STREET OFFICE LLC $309.97 $0.00 $309.97 14,254.20 34-02824-34-0001 84 WEST 78TH STREET SHERWIN-WILLIAMS DEV CORP $312.70 $0.00 $312.70 14,380.00 3402824340073 7700 PILLSBURY AVENUE SOUT CITY OF RICHFIELD $892.51 $0.00 $892.51 41,043.00 34-02824-34-0053 200 WEST 78TH STREET TWO S PROPERTIES, INC $2,015.17 $0.00 $2,015.17 92,670.00 34-02824-34-0054 7700 WENTWORTH AVENUE SOU LEIGHTON PARTNERS LLC ATTN CHIE $439.76 $0.00 $439.76 20,223.00 34-02824-34-0055 7720 WENTWORTH AVENUE SOU HILMER M HOVELSON $439.09 $0.00 $439.09 20,192.00 34-02824-34-0056 100 WEST 78TH STREET VIKING PAINTS $507.87 $0.00 $507.87 23,355.00 34-02824-34-0057 7721 PILLSBURY AVENUE SOUT VIKING PAINTS, INC $737.46 $0.00 $737.46 33,913.00 34-02824-34-0058 7715 PILLSBURY AVENUE SOUT WILLIAMS PROPERTIES LLC $109.77 $0.00 $109.77 5,048.00 34-02824-34-0059 7717 PILLSBURY AVENUE SOUT ROBERT A GEORGE $109.77 $0.00 $109.77 5,048.00 34-02824-34-0060 7709 PILLSBURY AVENUE SOUT KERKER PROPERTIES LLC $219.89 $0.00 $219.89 10,112.00 34-02824-34-0061 7701 PILLSBURY AVENUE SOUT BRUCE WALTER KIENKE $219.91 $0.00 $219.91 10,113.00 n Q Tue Aug 3, 2010 4:01 pm CITY OF RICHFIELD **Projected** Levy Listing PROPERTY ID LOCATION ADDRESS OWNER 34-02824-34-0065 7700 NICOLLET AVENUE SOUTH 7700 NICOLLET, LLC 34-02824-34-0066 7720 NICOLLET AVENUE SOUTH SPEEDWAY SUPERAMERICA LLC %PR 34-02824-43-0005 140 EAST 78TH STREET RALEIGH P NELSON 34-02824-43-0006 7701 NICOLLET AVENUE SOUTH MENARD INC 34-02824-43-0007 7717 NICOLLET AVENUE SOUTH YAU MUI LO YIK CHI LO 34-02824-43-0077 7745 2ND AVENUE SOUTH ROBERT LURTSEMA 34-02824-44-0006 7700 PORTLAND AVENUE SOUTH ELSEN BROTHERS INC 34-02824-44-0007 7730 PORTLAND AVENUE SOUTH D B R INC %ELSEN BROTHERS INC 34-02824-44-0023 500 EAST 78TH STREET A G BOGEN CO 34-02824-44-0024 7708 5TH AVENUE SOUTH TBG, LLC 34-02824-44-0025 7714 5TH AVENUE SOUTH GARY WIBERG 34-02824-44-0027 7701 5TH AVENUE SOUTH A G BOGEN 34-02824-44-0028 415 EAST 77TH STREET RICHFIELD WHEEL ALIGNMENT RONALD HESSE 34-02824-44-0029 7731 4TH AVENUE SOUTH BLAYLOCK PLUMBING CO 34-02824-44-0030 7715 4TH AVENUE SOUTH RICHFIELD BLOOMINGTON CRE 34-02824-44-0031 7744 5TH AVENUE SOUTH DJ & DJ LLC 34-02824-44-0032 345 EAST 77TH STREET RICHFIELD-BLOOMINGTON CU 35-02824-33-0006 7701 PORTLAND AVENUE SOUTH ASIAN DIRECT ORIENTAL MARKET INC DAR LAO 35-02824-33-0007 7727 PORTLAND AVENUE SOUTH UNICARE HOMES, INC Page 3 AMOUNT ADD ON TOTAL SQ FT $406.17 $0.00 $406.17 18,678.00 $382.64 $0.00 $382.64 17,596.00 $873.55 $0.00 $873.55 40,171.00 $6,696.58 $0.00 $6,696.58 307,950.00 $2,109.98 $0.00 $2,109.98 97,030.00 $498.00 $0.00 $498.00 22,901.00 $317.62 $0.00 $317.62 14,606.00 $506.91 $0.00 $506.91 23,311.00 $629.12 $0.00 $629.12 28,931.00 $220.31 $0.00 $220.31 10,131.00 $216.28 $0.00 $216.28 9,946.00 $289.61 $0.00 $289.61 13,318.00 $221.07 $0.00 $221.07 10,166.00 $452.20 $0.00 $452.20 20,795.00 $346.95 $0.00 $346.95 15,955.00 $665.81 $0.00 $665.81 30,618.00 $798.81 $0.00 $798.81 36,734.00 $487.73 $0.00 $487.73 22,429.00 $642.45 $0.00 $642.45 29,544.00 ~~ Tue Aug 3, 2010 4:01 pm CITY OF RICHFIELD Page 4 *Projected** Levy Listing PROPERTY ID LOCATION ADDRESS OWNER AMOUNT ADD ON TOTAL SO FT 35-02824-33-0008 7733 PORTLAND AVENUE SOUT H BILL DAVIS $591.09 $0.00 $591.09 27,182.00 SINCLAIR OIL CORP 35-02824-33=0009 616 EAST 78TH STREET LOIS BERG $539.77 $0.00 $539.77 24,822.00 35-02824-34-0002 7744 12TH AVENUE SOUTH B & S LAND DEVELOPMENT LLC $538.25 $0.00 $538.25 24,752.00 35-02824-43-0006 7715 14TH AVENUE SOUTH A G BOGEN CO $897.86 $0.00 $897.86 41,289.00 35-02824-43-0008 1200 EAST 78TH STREET PMB HOSPITALITY LLC $1,023.40 $0.00 $1,023.40 47,062.00 35-02824-43-0073 1400 EAST 78TH STREET A G BOGEN $348.95 $0.00 $348.95 16,047.00 35-02824-43-0074 1420 EAST 78TH STREET A G BOGEN COMPANY $1,074.37 $0.00 $1,074.37 49,406.00 35-02824-43-0076 1500 EAST 78TH STREET A G BOGEN COMPANY $1,332.36 $0.00 $1,332.36 61,270.00 35-02824-44-0004 7636 CEDAR AVENUE SOUTH MOTEL 6 OPERATING L P #1106 $1,205.86 $0.00 $1,205.86 55,453.00 35-02824-44-0006 1710 EAST 78TH STREET CITY OF RICHFIELD/HRA $730.26 $0.00 $730.26 33,582.00 35-02824-44-0007 1640 EAST 78TH STREET JERRY E MATHWIG $901.66 $0.00 $901.66 41,464.00 35-02824-44-0008 1620 EAST 78TH STREET JERRY MATHWIG %METRO SALES INC $1,206.34 $0.00 $1,206.34 55,475.00 35-02824-44-0010 1550 EAST 78TH STREET ADLER GRADUATE SCHOOL $3,057.73 $0.00 $3,057.73 140,613.00 35-02824-44-0031 1600 78TH STREET EAST 494 BUILDING PARTNERSHIP LLC $754.64 $0.00 $754.64 34,703.00 FRONTLINE INVESTMENTSINCORPOF 35-02824-44-0032 78TH EAST BLOOMINGTON AVEN CLEAR CHANNEL OUTDOOR INCORPC $40.71 $0.00 $40.71 1,872.00 Total # of Parcels: 76 _ Totals: $80,000.00 $0.00 _ $80,000.00 3678890.3 GQ Q a U /II 6700 Portland Avenue • Richfield, Minnesota 55423-2599 «PIN» «oName1» «oName2» «ADDRESS» «CSZ» NOTICE OF ASSESSMENT HEARING NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CERTAIN SERVICES OF THE CITY WITHIN THE 77TH STREET REDEVELOPMENT AREA FROM 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 maintenance of the 77th Street Redevelopment area in the City. 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: From January 1, 2009 through December 31, 2009, the City of Richfield incurred costs for maintenance of the 77th Street area, including such work as landscape maintenance of common properties, including mowing, fertilizing irrigation repair and other maintenance services. The City proposes to assess the costs for maintenance in the 77th Street project area, which totaled $62,894.55, against the properties that benefited from this work. PROPOSED AMOUNT OF ASSESSMENT: The total amount to be assessed against all properties is $62,894.55. The amount to be assessed against your particular property is: «TotalAmt». 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. 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. THIS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT. NO SEPARATE BILLING WILL OCCUR. PLEASE DO NOT MAIL PAYMENT BEFORE THE ASSESSMENT HEARING ON AUGUST 9, 2010. Telephone (612) 861-9700 • Fax (612) 861-9749 ~a~i2~ 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: 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 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 by you, 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. BY ORDER OF THE CITY COUNCIL THIS 13TH DAY OF JULY, 2010. Questions concerning this assessment amount should be directed to Mark Hall, Operations Manager, at 612-861-9173. ILN (77TH STREET) MAINTENANCE DISTRICT -~~ ~' 7sTH sr w w 7sTH sr w a ROOSEVELT ° PARK c/rr ;,na,ac% 77TH sr w nrH sT w nrH sT ~ssv~l~Tro,v caruoc/c .SC'/1001. 78TH ST NJ 78 ST W INTERSTATE HWV NO 'T E INTERSTATE HWY NO 494 IN fERSTATE NWY NO 494 78TH ST E ,4.S.Sp,~/PT/OIV C 1 THOIJC SC'HO01. lam sr E INTERSTATE HWY N0494 T E INTERSTATE HWY N0494 78TH ST E 7arH sr E Legend J Feet ~ ILN Maintenance District 0 380 760 1,520 2,280 3,040 AGENDA SECTION: p„h l i p H a a r i n g AGENDA ITEM # Rh REPORT # ,151 J STAFF REPORT CITY COUNCIL MEETING AUGUST 9, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: MARK HALL, OPERATIONS MANAGER PARKS/FLEET SIGNATG ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the attached resolutions pertaining to the annual Lyndale/HUB/Nicollet (LHN) maintenance assessment process I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: 1. Adopt the attached resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for 2009 Lyndale/HUB/Nicollet (LHN) Maintenance. 2. Adopt the attached resolution proposing a similar assessment process to be implemented for 2011. II. BACKGROUND The Lyndale/HUB/Nicollet (LHN) maintenance assessment was established to recover extraordinary maintenance expenses in the LHN (Lyndale, Hub, Nicollet) area in 1981. The extraordinary services include irrigation and weeding and mowing of landscaped areas. The LHN Redevelopment Area is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue. 08091hn0911 assess Staff is recommending that the City Council approve resolutions that: 1. Assess $49,747.02 against the LHN properties for work done in 2009. 2. Propose a similar assessment process for 2011. III. BASIS OF RECOMMENDATION A. POLICY • Resolution No. 6372, adopted in 1981, established a policy for assessing the costs. • Staff has calculated the proper amounts to be assessed against every assessable lot, piece or parcel of land specially benefited. The proposed assessment was properly filed with the City Clerk. • The City does not assess residential properties for maintenance costs in the LHN maintenance district. • Notice of the public hearing for the proposed maintenance costs in 2009 was mailed to all owners of commercial property in the area and was published in the official newspaper July 22, 2010, as required by law. B. CRITICAL TIMING 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 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 • City ordinance provides that special assessments for current services may be certified to the County Auditor for collection along with taxes. It is the staff recommendatrc~ n.'that such payments be due and payable within the first year, rather than in installments. The City has the right to charge interest on the amount assessed in that the City provided the initial funds for the services. It is also staff's recommendation that the interest rate be established as six percent (6%). Payment may be made by the assessed owner before November 15, 2010 in order to avoid interest payments. Payments made after that date would include the interest payment. • The estimated maintenance cost for the period January 1 through December 31, 2011 is $50,000. All commercial properties would be assessed on the basis of area, with each square foot of assessable property to be assessed equally, for the costs incurred in the maintenance of common areas such as street islands, the civic plaza and sidewalks. Generally, the businesses maintain the property behind the curb. In the event the City must perform this maintenance, the particular business is assessed for the cost of the special, individual maintenance of direct benefit to the given property. ' D. LEGAL • The City Council scheduled a public hearing for August 9, 2010 on the assessment for the cost of maintenance services performed in the LHN development area for 2009 and to consider the establishment of a special assessment district for maintenance service costs for 2011. • The City Attorney will be in attendance at the Council meeting should a legal question arise. E. ENVIRONMENTAL CONSIDERATIONS • None. IV. ALTERNATIVE RECOMMENDATION~S~ • Council may make any changes to the assessment roll as a result of the public hearing by adding the phrase "and has amended such proposed assessment as it deems just." V. ATTACHMENTS • Resolution adopting assessments for 2009 LHN Maintenance • Resolution proposing to specially assess the costs of current services for 2011 • The 2009 assessment roll • The 2011 assessment roll • Copy of letter sent to assessed property owners • Graphic displaying Lyndale/HUB/Nicollet special assessment district VI. PRINCIPAL PARTIES EXPECTED AT MEETING • City staff has been available during business hours and at City Hall immediately prior to the public hearing to answer questions and concerns of property owners regarding the 2009 special assessment. gb ~ RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT FOR LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1 THROUGH DECEMBER 31, 2009 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and passed upon all objections to the proposed assessment for current services related to 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: Such proposed assessment roll, in the total amount of $49,747.02 is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of assessment levied against it. Such assessment shall be payable before or during 2010 and shall bear interest at the rate of six percent (6%) from-the date of adoption of this assessment resolution. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the City's Finance Division, and may, at any time thereafter, pay to the City's Finance Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the . County Auditor to be extended on the proper tax lists of the County and such assessment shall be collected and paid over in the same manner as other municipal taxes. Passed by the City Council of the City of Richfield, Minnesota, this 9th day of August, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~b ~ RESOLUTION NO. RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE JANUARY 1 THROUGH DECEMBER 31, 2011 WHEREAS,. pursuant to ordinance, the City Council of the City of Richfield did establish a special assessment district and did propose that certain services be undertaken by the City in the Lyndale/HUB/Nicollet Redevelopment Area approximately bounded by 64~h Street, First Avenue, 67th Street and Emerson Avenue and that the cost of such services be specially assessed against benefited property, and. WHEREAS, the City Council of the City of Richfield did also by such resolution set the date of public hearing on the undertaking of such current service project and the levying of special assessment to bear the cost thereof, and WHEREAS, following due notice, .such public hearing was held on August 9, 2010 at which time all interested parties desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That the following examples of current services of the City shall be undertaken by the City within the LHN Redevelopment Project Area, which area constitutes the special assessment district with the exception of single family, two family and multifamily residential properties, with the cost of such services to be specially assessed against .the benefited property within the district: a. Snow, ice or rubbish removal; b. Weed elimination; c. 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; d. Installation and repair of water service lines; e. Street sprinkling or other dust treatment of streets; f. Trimming and care of trees and the removal of unsound trees; g. Repair of sidewalks, crosswalks and other pedestrian walkways; h. Operation of the street lighting system; i. Maintenance of landscaped areas and other public amenities on or adjacent. to street right-of--way; j. Maintenance of civic plaza; k. Snow removal and other maintenance of streets; I. repair of furniture; and m. General maintenance, including repairs and replacement. 2. The work to be performed may be by day labor, by City force, by contractor by any combination thereof. ~,b 7 3. The designated period of the project shall be from January 1 through December 31, 2010.. Costs of the project shall be collected in the manner provided in the Richfield Ordinance Code. Passed by the City Council of the City of Richfield, Minnesota, this 9th day of August, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Tue Aug 3, 2010 7:53 am CITY OF RICHFIELD Page 1 Levy Listing PROPERTY ID LOCATION ADDRESS OWNER AMOUNT ADD ON TOTAL SQ FT it m .w .. ~. ~ .& ...... ..A.a. ~. . mow x 27-02824-13-0001 6445 NICOLLET AVENUE SOUTH WELLS FARGO BANK $733.94 $0.00 $733.94 40,016.70 27-02824-13-0052 6401 NICOLLET AVENUE SOUTH HUYEN NGUYENlYEN BUI $248.72 $0.00 $248.72 13,560.94 27-02824-13-0053 6425 NICOLLET AVENUE SOUTH STOREFRONT/YOUTH ACTION $540.12 $0.00 $540.12 29,449.02 27-02824-13-0115 0016 EAST 66TH STREET JOHN LEE $64.04 $0.00 $64.04 3,491.44 27-02824-13-0116 $2,598.14 $0.00 $2,598.14 141,658.00 27-02824-23-0010 6457 LYNDALE AVENUE SOUTH HNC PROPERTIES, LLC $561.34 $0.00 $561.34 30,605.53 27-02824-23-0064 6430 LYNDALE AVENUE SOUTH RANCHO RICHFIELD LLC $520.59 $0.00 $520.59 28,384.20 27-02824-23-0074 6439 LYNDALE AVENUE SOUTH HNC PROPERTIES LLC $775.18 $0.00 $775.18 42,265.23 27-02824-23-0079 6501 LYNDALE AVENUE SOUTH LAWRENCE KADISH C/O SEARS ROEB $3,971.06 $0.00 $3,971.06 216,513.40 27-02824-23-0082 300 WEST 66TH STREET QWEST CORPORATION % PROPERTY $2,287.63 $0.00 $2,287.63 124,727.99 27-02824-23-0084 6436 LYNDALE AVENUE SOUTH WOODLAKE VET HOSPITAL $148.95 $0.00 $148.95 8,121.00 27-02824-23-0085 6438 LYNDALE AVENUE SOUTH KATHERINE & GARY JAHN $111.59 $0.00 $111.59 6,084.00 27-02824-23-0086 6440 LYNDALE AVENUE SOUTH KATHERINE & GARY JAHN $227.90 $0.00 $227.90 12,426.00 27-02824-23-0087 6444 LYNDALE AVENUE SOUTH CITY OF RICHFIELD-FINANCE $396.80 $0.00 $396.80 21,634.41 27-02824-23-0088 6444 LYNDALE AVENUE SOUTH CITY OF RICHFIELD-FINANCE $422.43 $0.00 $422.43 23,032.00 27-02824-23-0090 6500 LYNDALE AVENUE SOUTH NEARCO II, LLC $415.88 $0.00 $415.88 22,675.00 27-02824-23-0092 6401 LYNDALE AVENUE SOUTH MICHAEL SWENSON WOODLAKE PLAZ $1,174.48 $0.00 $1,174.48 64,036.18 27-02824-23-0105 6501 WOODLAKE DRIVE MARKET PLAZA COMMERCIAL LTD $165.49 $0.00 $165.49 9,023.00 27-02824-23-0106 6501 WOODLAKE DRIVE MARKET PLAZA COMMERCIAL LTD $39.70 $0.00 $39.70 2,164.70 27-02824-23-0107 700 WEST 66TH STREET MARKET PLAZA COMMERCIAL LTD $3,458.62 $0.00 $3,458.62 188,573.80 27-02824-24-0040 6410 NICOLLET AVENUE SOUTH KIM MAI PROPERTIES, LLC $187.99 $0.00 $187.99 10,250.00 ~l 'CT~' _~~ Tue Aug 3, 2010 7:53 am CITY OF RICHFIELD Page 2 Levy Listing PROPERTY ID LOCATION ADDRESS OWNER AMOUNT ADD ON TOTAL SQ FT 27-02824-24-0057 6440 NICOLLET AVENUE SOUTH RICHFIELD MEDICAL BUILDING PARTS $271.58 $0.00 $271.58 14,807.40 27-02824-24-0060 6500 NICOLLET AVENUE SOUTH BREMER BANK NATIONAL ASSOCIATI( $1,416.75 $0.00 $1,416.75 77,245.00 27-02824-24-0061 2 WEST 66TH STREET & 65TH ST BRADLEY REAL ESTATE INC %PAM BA $10,624.83 $0.00 $10,624.83 579,295.70 27-02824-24-0063 220 WEST 66TH STREET WAGSTAFF PROPERTIES MINNESOTA $508.36 $0.00 $508.36 27,717.00 27-02824-24-0064 140 WEST 66TH STREET BRADLEY REAL ESTATE INC %PAM BI $2,606.59 $0.00 $2,606.59 142,118.50 27-02824-24-0065 6412 NICOLLET AVENUE SOUTH LNS REAL ESTATE PRTSHP $0.00 $0.00 $0.00 0.00 27-02824-32-0126 6701 LYNDALE AVENUE SOUTH ANN ZILKA $290.23 $0.00 $290.23 15,824.00 PAUL J ZILKA 27-02824-32-0127 6645 LYNDALE AVENUE SOUTH RICHFIELD STATE AGENCY INC/STEVE $929.15 $0.00 $929.15 50,660.00 27-02824-32-0130 400 WEST 67TH STREET PINES INVESTMENTS LLC %STEVE KIF $1,160.27 $0.00 $1,160.27 63,261.00 27-02824-32-0132 67TH STREET WEST &LYNDALE WOODLAKE-VEF IV LLC ATTN WILLIAM $179.21 $0.00 $179.21 9,771.00 27-02824-32-0133 GRAND AVENUE SOUTH & 67TH PINE INVESTMENTS LLC %STEVE KIR( $471.91 $0.00 $471.91 25,730.00 27-02824-32-0137 6601 LYNDALE AVENUE SOUTH WOODLAKE-VEF IV LLC ATTN WILLIAN $2,774.10 $0.00 $2,774.10 151,252.00 27-02824-32-0138 407 WEST 66TH STREET WOODLAKE-VEF IV LLC ATTN WILLIAN $336.46 $0.00 $336.46 18,345.00 27-02824-32-0451 6640 LYNDALE AVENUE SOUTH CITY BELLA COMMERCIAL LLC $668.29 $0.00 $668.29 36,437.00 27-02824-42-0078 6601 NICOLLET AVENUE SOUTH RICHFIELD SHOPPES LLC $1,396.95 $0.00 $1,396.95 76,165.96 28-02824-11-0002 6330 LYNDALE AVENUE SOUTH ROY E PETERSON $359.29 $0.00 $359.29 19,589.75 28-02824-11-0080 6400 LYNDALE AVENUE SOUTH RANCHO RICHFIELD LLC $5,023.74 $0.00 $5,023.74 273,908.49 28-02824-14-0010 800 WEST 66TH STREET CITY REALTY, INC $957.87 $0.00 $957.87 52,225.84 28-02824-41-0039 826 WEST 66TH STREET SPEEDWAY SUPER AMERICA LLC $720.85 $0.00 $720.85 39,302.61 Total # of Parcels: 40 Totals: $49,747.02 $0.00 $49,747.02 2712349.09 ~a c"7-~ Tue Aug 3, 2010 7:56 am CITY OF RICHFIELD Page 1 **Projected** Levy Listing PROPERTY ID LOCATION ADDRESS OWNER AMOUNT ADD ON TOTAL SO FT FFFFF ~. ~.., ~ ~ ~ 27-02824-13-0001 6445 NICOLLET AVENUE SOUTH WELLS FARGO BANK $737.68 $0.00 $737.68 40,016.70 27-02824-13-0052 6401 NICOLLET AVENUE SOUTH HUYEN NGUYEN/YEN BUI $249.99 $0.00 $249.99 13,560.94 27-02824-13-0053 6425 NICOLLET AVENUE SOUTH STOREFRONT/YOUTH ACTION $542.87 $0.00 $542.87 29,449.02 27-02824-13-0115 0016 EAST 66TH STREET JOHN LEE $64.36 $0.00 $64.36 3,491.44 27-02824-13-0116 $2,611.35 $0.00 $2,611.35 141,658.00 27-02824-23-0010 6457 LYNDALE AVENUE SOUTH HNC PROPERTIES, LLC $564.19 $0.00 $564.19 30,605.83 27-02824-23-0064 6430 LYNDALE AVENUE SOUTH RANCHO RICHFIELD LLC $523.24 $0.00 $523.24 28,384.20 27-02824-23-0074 6439 LYNDALE AVENUE SOUTH HNC PROPERTIES LLC $779.13 $0.00 $779.13 42,265.23 27-02824-23-0079 6501 LYNDALE AVENUE SOUTH LAWRENCE KADISH C/O SEARS ROEB $3,991.25 $0.00 $3,991.25 216,513.40 27-02824-23-0082 300 WEST 66TH STREET OWEST CORPORATION % PROPERTY $2,299.26 $0.00 $2,299.26 124,727.99 27-02824-23-0084 6436 LYNDALE AVENUE SOUTH WOODLAKE VET HOSPITAL $149.70 $0.00 $149.70 8,121.00 27-02824-23-0085 6438 LYNDALE AVENUE SOUTH KATHERINE & GARY JAHN $112.15 $0.00 $112.15 6,084.00 27-02824-23-0086 6440 LYNDALE AVENUE SOUTH KATHERINE & GARY JAHN $229.06 $0.00 $229.06 12,426.00 27-02824-23-0087 6444 LYNDALE AVENUE SOUTH CITY OF RICHFIELD-FINANCE $398.81 $0.00 $398.81 21,634.41 27-02824-23-0088 6444 LYNDALE AVENUE SOUTH CITY OF RICHFIELD-FINANCE $424.58 $0.00 $424.58 23,032.00 27-02824-23-0090 6500 LYNDALE AVENUE SOUTH NEARCO II, LLC $418.00 $0.00 $418.00 22,675.00 27-02824-23-0092 6401 LYNDALE AVENUE SOUTH MICHAEL SWENSON WOODLAKE PLA[ $1,180.46 $0.00 $1,180.46 64,036.18 27-02824-23-0105 6501 WOODLAKE DRIVE MARKET PLAZA COMMERCIAL LTb $166.33 $0.00 $166.33 9,023.00 27-02824-23-0106 6501 WOODLAKE DRIVE MARKET PLAZA COMMERCIAL LTD $39.90 $0.00 $39.90 2,164.70 27-02824-23-0107 700 WEST 66TH STREET MARKET PLAZA COMMERCIAL LTD $3,476.21 $0.00 $3,476.21 188,573.80 27-02824-24-0040 6410 NICOLLET AVENUE SOUTH KIM MAI PROPERTIES, LLC $188.95 $0.00 $188.95 10,250.00 O~~ ~~ Tue Aug 3, 2010 7:56 am PROPERTY ID LOCATION ADDRESS OWNER CITY OF RICHFIELD **Projected** Levy Listing 27-02824-24-0057 6440 NICOLLET AVENUE SOUTH RICHFIELD MEDICAL BUILDING PART 27-02824-24-0060 6500 NICOLLET AVENUE SOUTH BREMER BANK NATIONAL ASSOCIATIC. 27-02824-24-0061 2 WEST 66TH STREET & 65TH ST BRADLEY REAL ESTATE INC %PAM BA 27-02824-24-0063 220 WEST 66TH STREET WAGSTAFF PROPERTIES MINNESOTA 27-02824-24-0064 140 WEST 66TH STREET BRADLEY REAL ESTATE INC %PAM B/ 27-02824-24-0065 6412 NICOLLET AVENUE SOUTH LNS REAL ESTATE PRTSHP 27-02824-32-0126 6701 LYNDALE AVENUE SOUTH ANN ZILKA PAUL J ZILKA 27-02824-32-0127 6645 LYNDALE AVENUE SOUTH RICHFIELD STATE AGENCY INC/STEVE 27-02824-32-0130 400 WEST 67TH STREET PINES INVESTMENTS LLC %STEVE KIF 27-02824-32-0132 67TH STREET WEST &LYNDALE WOODLAKE-VEF IV LLC ATTN WILLIAN 27-02824-32-0133 GRAND AVENUE SOUTH & 67TH PINE INVESTMENTS LLC %STEVE KIR( 27-02824-32-0137 6601 LYNDALE AVENUE SOUTH WOODLAKE-VEF IV LLC ATTN WILLIAN 27-02824-32-0138 407 WEST 66TH STREET WOODLAKE-VEF IV LLC ATTN WILLIAN 27-02824-32-0451 6640 LYNDALE AVENUE SOUTH CITY BELLA COMMERCIAL LLC 27-02824-42-0078 6601 NICOLLET AVENUE SOUTH RICHFIELD SHOPPES LLC 28-02824-11-0002 6330 LYNDALE AVENUE SOUTH ROY E PETERSON 28-02824-11-0080 6400 LYNDALE AVENUE SOUTH RANCHO RICHFIELD LLC 28-02824-14-0010 800 WEST 66TH STREET CITY REALTY, INC 28-02824-41-0039 826 WEST 66TH STREET SPEEDWAY SUPER AMERICA LLC Page 2 AMOUNT ADD ON TOTAL SQ FT $272.96 $0.00 $272.96 14,807.40 $1,423.95 $0.00 $1,423.95 77,245.00 $10,678.86 $0.00 $10,678.86 579,295.70 $510.94 $0.00 $510.94 27,717.00 $2,619.84 $0.00 $2,619.84 142,118.50 $0.00 $0.00 $0.00 0.00 $291.70 $0.00 $291.70 15,824.00 $933.88 $0.00 $933.88 50,660.00 $1,166.17 $0.00 $1,166.17 63,261.00 $180.12 $0.00 $180.12 9,771.00 $474.31 $0.00 $474.31 25,730.00 $2,788.21 $0.00 $2,788.21 151,252.00 $338.18 $0.00 $338.18 18,345.00 $671.69 $0.00 $671.69 36,437.00 $1,404.06 $0.00 $1,404.06 76,165.96 $361.12 -$0.00 $361.12 19,589.75 $5,049.29 $0.00 $5,049.29 273,908.49 $962.74 $0.00 $962.74 52,225.84 $724.51 $0.00 $724.51 39,302.61 Total # of Parcels: 40 Totals: $50,000.00 $0.00 $50,000.00 2712349.09 ~~ _~ k6 g 6700 Portland Avenue • Richfield, Minnesota 55423-2599 «PIN» «oName1» «oName2» «ADDRESS» «CSZ» NOTICE OF ASSESSMENT HEARING NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CERTAIN SERVICES OF THE CITY WITHIN THE LYNDALE/HUB/NICOLLET REDEVELOPMENT AREA FROM 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 of maintenance services to that area known as the Lyndale/Hub/Nicollet (L/H/N) Redevelopment Area in the City. 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: From January 1, 2009 through December 31, 2009, the City of Richfield incurred costs for maintenance of the L/H/N area, including such work as landscape maintenance of common properties, including mowing, fertilizing, irrigation repair and other maintenance services. The City proposes to assess the costs for L/H/N maintenance and repair, which totaled $49,747.02 against the properties which benefited from this work. PROPOSED AMOUNT OF ASSESSMENT: The total amount to be assessed against all properties is $49,747.02. The amount to be assessed against your particular property is: «TotalAmt» 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. 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. THIS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT. NO SEPARATE BILLING WILL OCCUR. PLEASE DO NOT MAIL PAYMENT BEFORE THE ASSESSMENT HEARING ON AUGUST 9, 2010. Telephone (612) 861-9700 • Fax (612) 861-9749 ~b~ 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: 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 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 by you, 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. BY ORDER OF THE CITY COUNCIL THIS 13TH DAY OF JULY, 2010. Questions concerning this assessment amount should be directed to Mark Hall, Operations Manager, at 612-861-9173. LHN MAINTENANCE DISTRICT N W 0 ~~~~~ Richfield Lake o Z Q W W a Q Q Q a a 64TH ST W ~ 1- J F- m O ~ J ~ ~ ~ J ~ ~ Q ~ d W m Z H ST W 66TH ST W (CO RD NO 53) r~ CIRCLE P~/ / ACADEMY OF ~~. -- ~ HOLYANGELS q d WOOD LAKE NATURE CENTER p~ w Legend LHN MAINTENANCE DISTRICT Feet 0 212.5 425 850 1,275 1, 700 J AGENDA SECTION: "prop . Ordinance AGENDA ITEM # 9 REPORT # > 15 2 STAFF REPORT CITY COUNCIL MEETING AUGUST 9, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: _~ JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITZE ITEM FOR COUNCIL CONSIDERATION: Conduct a first reading of an ordinance relating to conduct within city parks and recreation facilities; prohibiting tobacco use, sales activity, feeding of wild animals, unleashed dogs, damage to park plants and trees and regulations on public bodies of water in parks; amending section 840 of the Richfield City Code; and call for a public hearing and second reading to be held September 28. 2010. I. RECOMMENDED ACTION: By motion: • Conduct a first reading of an ordinance relating to conduct within city parks and recreation facilities; prohibiting tobacco use, sales activity, feeding of wild animals, unleashed dogs, damage to park plants and trees and regulations on public bodies of water in parks; amending section 840 of the Richfield City Code; and • Call for a public hearing and second reading to be held September 28, 2010. 0809parks ordinance II. BACKGROUND The Community Services Commission has been discussing the various revisions to the parks ordinance. The recommended revisions introduce additional park rules including a comprehensive restriction of the use of tobacco, no feeding of wild animals, damaging vegetation and a restriction on the selling of products or services in parks. The Commission also recommends allowing portable ice houses on Taft Lake during daylight hours only and restating the regulations regarding dogs and animals in parks. City Council has discussed the proposed amendments at two separate occasions at a study session on November 3, 2009 and May 25, 2010, instructing staff to proceed with a public hearing. Enforcement of the tobacco ordinance was a concern to the Council. To provide enforcement without placing a burden on Richfield Police, the Commission is recommending that Recreation Services Staff be instructed to hand out information about the new ordinance to park participants seen violating the tobacco restriction. Furthermore, the following enforcement plan is recommended: • Public Education -Richfield residents will be informed about the implementation, enforcement, and violation of the Park Ordinance through press releases, Recreation Brochure, utility bills, City website and cable N. Signage -All park signs will be replaced with updated signs. Some targeted areas will be installed with tobacco free signs and signs pertaining to the feeding of wild animals. Another Council concern was the enforcement of the tobacco ordinance during the Fourth of July Celebration, where there are thousands of people attending, many of which do not live in Richfield. The Commission is recommending to not to include an exemption of the ordinance during the Fourth of July Celebration because there are other popular community events in Richfield also and the Commission thought an exemption for one event would lead to an exemption for more events. III. BASIS OF RECOMMENDATION A. POLICY • The Community Services Commission is recommending the misdemeanor/criminal method as the process of collecting a fine for violations of the new ordinance. Richfield has used only the misdemeanor/criminal method in the past, which is administered through the Hennepin County Court System. In this system, some of the fees are predetermined, such as traffic offenses, and the fine amount is listed on the ticket. A judge can fine someone up to $300 for a petty misdemeanor. Hennepin County collects the fine and a portion is then given to the City of Richfield. 0809parks ordinance • Although City policy does not require a public hearing for this matter, the Community Services is recommending one to maximize public interaction on the subject. City policy requires that a notice of public hearing be published no later than 14 days in advance of the hearing date. Therefore, a notice of public hearing will be published on August 9, 2010. B. CRITICAL TIMING ISSUES • None C. FINANCIAL • Funding for the replacement of park signage in the amount of $1,650 is available through a State Health Improvement Program grant received by the City last year. Additional signs focusing on the comprehensive tobacco restriction in parks will be provided from Tobacco Free Parks at no charge. D. LEGAL • The attached amendment was written by the City Attorney. E. - ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • None V. ATTACHMENTS • Parks Ordnance Amendment • Letters of Support VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Jennifer Turrentine, Richfield Advisory Board of Health Chair 0809parks ordinance ~.i ORDINANCE NO. AN ORDINANCE RELATING TO CONDUCT WITHIN CITY PARKS AND RECREATION FACILITIES; PROHIBITING TOBACCO USE, SALES ACTIVITY, FEEDING OF WILD ANIMALS, UNLEASHED DOGS, DAMAGE TO PARK PLANTS AND TREES AND REGULATONS ON PUBLIC BODIES OF WATER IN PARKS; AMENDING SECTION 840 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Section 840 of the Richfield City Code is amended by adding the following subsections: 840.13 Use of Tobacco Products Prohibited. No person may use tobacco products on citesowned parks, conservation areas, open spaces, or recreational facilities, including without limitation: trails within parks used for walking and biking, picnic shelters, athletic fields, and play areas. This subsection does not apply to the use of tobacco products inside motor vehicles parked on the premises of city-owned parks, conservation areas, open spaces or recreational facilities. . 840.15 Selling Food, Products or Services Prohibited. No person may sell or offer for sale anyproduct, food or service in any public park without the prior written approval of the recreation services director. 840.17 Feeding of Wild Animals or-Birds Prohibited. No person may feed non-domesticated animals or birds or deposit a food source for non- domesticated animals or birds within City-owned parks, conservation areas, open spaces or recreational facilities with the exception of authorized City officials. 840.19 Regulations on Public Bodies of Water in Parks. The following activities are prohibited on bodies of water in city parks, except as authorized by subsection 835.09 of this code: swimming, bathing, placing ice fishing houses or similar enclosures, snowmobiling, and the use of any boat, raft or any other device or object designed to support or buoy up any individual in, upon or attached to such device or object, with the exception of authorized City officials . Portable ice houses are permitted. on Taft. Lake during daylight hours only. 840.21 Dogs and Animals in Parks. All dogs must be leashed in public parks. An animal owner or person having custody or control of an animal shall immediately clean up and sanitarily dispose of any feces of the 0809parks ordinance q~ animal except that this provision does not apply to blind persons with respect to their ownership and use of a seeing-eye dog. 840 23 Damaging Vegetation in Parks. No person may damage or disturb any flower bed planting area or ornamental landscaped area within acity-owned park conservation area, open space or recreational facility No person may cut trim or remove any wild flower, tree, shrub, plant branch or portion thereof or any soil or other material from a city- owned park conservation area open space or recreational facility with the exception of authorized City officials. Sec. 2. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 0809parks ordinance u-~ Public Safely ~}epartmen SuPpor~ Services Q`rvsion MAYQR DEBBCE GOETTEL July 29, 2010 cirr cour~c~> PAT ELLIOTT TOht FITZHENRY SUZANNE M. SAtJDAHL Mayor Qebble Gaette# FREQ L. WROGE, JR. fi525 James Avenue Soufh GiTY MAAt/IGER RlGhfteld MN. 5423 STEVEN L. DEVICH Dear Mayor Goette# Qn C?ctober 19, 2fl09, the Richfie#d Advisory 13aard of Heaith voted unanimously to supparl a tobacco ordinance prohibiting. tobacco use in City parks. We continue 'to support such an ardi~ance given. the first- and second-hand healfh .risks Involved surrounding tobacco use. We strongly urge Richfield's City Counci# to adopt the tobacco ordinance as soon as passib#e. Regards, ~~~+~ Jennifer A. Turrentine Chair, Richf#eld Advisory Board of Health i. /LZ.~T~~(1L1~~ tl(Il1. kI Ul'VY7.. fi7©O ;.PORTLAND AVENUE, RICHFIELD: MINhIESOTA 55423-2599 NON=EMERGENCY 512:861.9800 EMERGENCY 9:71 wwwzdyofr3chfield:org AN EQUpE.OPPORTUNITY EMFtOYEY, ~.a ~~~ ~~~ ~~ salt r~rs Medical Group,and Clinics Corporate Office: Mailing Address: 897p 33rd Avenue Souih P.O. Box 1309 Bloomington, MN 55425. ~ Minneapolis, MN X5440-1309 healthpartners.com 3une 28, ~''0'I0 Bear Mr. Topitzhofer; On behalf of HealthPartners, we `write to support the proposed city ordinance to ban ..smoking in publicparks within'the city of Richfield, which will soon be corning before. 'you. for your coxasideration. HealthPartners is a family of nonprofit "Minnesota health care organizations focused an impra~~ing the health of its members, its patients and the community. HealthPartners has. 8Q employees and over 5,500 members who-live in Richfield and'the Bloomutgton HealthPartners Clhic sa~v 1,267 Richfield residents last year. Vije help keep your .community healthy and w€ want to help keep.-your health .care affordable. As an organization, and a proud member of the south metro community, we care deeply about the health of our patients, ;our members, and our community. Tobacco use still ranks as the number one cause of preventable death in the IJ. S. and. secondhand smoke the number three cause. t is responsible for aver $2 billion in health care costs every year. These are not just numbers -they are real people. We see them every day in our clinics. and in our hospitals, Every day our colleagues deal with the ravages that smoking and :secondhand smoke have on the health of our patients. As an oncologist and as an .internist, we see firsthand,-the misery that families go through as their loved ones die from. 'lung c~rzcer, :heart disease and other smoking-related.illnesses. Arid we can tell you - nothing is more frustrating than seeing patients who we know will die because their exposure to smoke has left them with a terminal illness. It is sad and frustrating to see patients like the 41 year old woman who is being'seen in ozrr clinic, getting chemotherapy for .lung cancer even though she has never smoked in her-life. This patient has now had one lung removed and-:3espite undergoing chemotherapy, there is a:greater than.SO percent chancethat the cancer-will recur and she ~-il~ die of the disease. The tragedy is compounded by the fact that her cancer-could have been prevented... qh Drifting tobacco smoke, even outdoors; can'trigger asthma€ic attacks, heart attacks, bronchial infections, and. other serious health problems in nonsmokers. This is especially true for fhe almost 1(i0 million Americans tvho have asthma,; chronic bronchitis, chronic sinusitis, emphysema, and other breathing-related conditions which make them especially susceptible to :secondhand tobacco smoke. Banning smoking in public parks; thou~J we recognize it is not the'silver bullet, would certainly be a good step in the right erection to helpinb prevent tobacco use. We note that-the cities of Bloomington and Edina have also implemented smoking bans: in their public parks-and we strongly encourage the city ofRichfield to fallow s~zit. Sincerely; Brian. H. Rank, MD `~- ' Medical Oncologist Ivledical Director HealthPartners Medical Gro~zp and Clinics Douglas N. Hotvedt, MD internal Medicine.. Clinic. Chief, HealthPartners Bloomington Clinic AGENDA SECTION: Prop . Ordinance AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING AUGUST 9, 2010 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGN URE REVIEWED BY CITY ~ ,. MANAGER: ~, ITEM FOR COUNCIL CONSIDERATION: Conduct a second reading of an ordinance amending Subsection 509.25 of the Richfield City Code related to nonconformities. The proposed amendment will define terms to provide additional clarity and allow for expansion of nonconforming uses in some instances. I. RECOMMENDED ACTION: By Motion: Approve the attached ordinance amending Richfield City Code Subsection 509.25 related to nonconformities. II. BACKGROUND Nonconformities regulations are intended to provide for the regulation of uses, structures, lots or site improvements which lawfully existed prior to the effective date of current regulations. These regulations are currently referred to as "grandfather clauses." The State of Minnesota sets minimum standards for the continuation of legal nonconformities and Richfield's Code language is based on language in State Statute Section 462.357 Subd. 1e. Richfield City Code Subsection 509.25 Subd. 2 paraphrased] Continuance of nonconformities. Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control, may be continued, including through repair,. replacement, restoration, maintenance, or improvement, but not including expansion, unless: 080910 - 2nd Reading Nonconformities a) The nonconformity or occupancy is discontinued for a period of more than one year... ; or b) The nonconforming use is destroyed by fire or other disaster to the extent of greater than 50 percent of its market value and no building permit has been applied for within 180 days. Neither State Statute nor the Richfield City Code currently defines the terms repair, replacement, restoration, maintenance, improvement or expansion. To clarify the Code, staff recommends amending it to include definitions of these terms. These definitions will be used specifically to interpret the nonconformities subsection of the Code. The following definitions are proposed to be added: Repair -For the purposes of nonconformities, repair means to restore to good condition by replacing or reassembling broken, worn out or malfunctioning components. Repair does not include expansion. Replacement -Construction that provides a substitute substantially equivalent to the pre-existing conditions that preceded damage or destruction. Restoration -For the. purposes of nonconformities, restoration means to restore or repair to good condition by replacing or reassembling broken, worn out or malfunctioning components. Restoration does not include expansion. Maintenance -Normal repair, restoration and improvement including cosmetic changes. For the purposes of nonconformities, maintenance does not include new construction or expansion of a use or structure. Improvement - Where a nonconformity is made more compatible with the use of adjacent properties, efficient and/or more aesthetically pleasing. For the purposes of nonconformities, an improvement does not include an expansion. Expansion -For the purposes of nonconformities, expansion includes, but is not limited to, intensification of the use, expansion of the use to a portion of the property not previously used, or increased structure dimension(s). While the City of Richfield is prohibited from more strictly regulating nonconformities, cities are permitted to be more lenient than State Statute. For instance, the Mixed Use Districts allow for up to a 10% expansion of legally nonconforming uses with a Conditional Use Permit approved by the Council. Structural expansion is also allowed if the expansion brings the property into greater conformance with City regulations. This special provision was added in response to the rezonings along the Interstate 494 Corridor, but also would apply along Penn Avenue. This exception was created to allow small, difficult-to-assemble parcels to remain useful until a larger project or new use becomes viable. In general, additional controls that cause a use or structure to become nonconforming are adopted because of either a changing vision for the area or in response to some negative occurrence or situation. For this reason, allowing expansion of nonconformities should be considered very carefully so as to avoid negating rules that have been adopted to protect, preserve or enhance certain characteristics of the community. The exception in the Mixed Use District and the proposed exception below have been crafted in response to specific issues. A blanket permission that would allow all nonconforming commercial properties, or all nonconforming properties throughout the City, to expand would negate the effect of adopting new rules. New rules which are adopted by the Council and intended to help achieve the City's goals and vision for the future. For this reason, staff recommends continuing to view and create special exceptions in response to identified issues. In specific response to the nonconformities that would be created in single-family neighborhoods if properties are rezoned based on the Comprehensive Plan, staff recommends the following special permission. Construction which would allow additions and alterations to buildings containing nonconforming dwelling units complying with the following conditions shall be permitted when: a) The construction will not result in an increase in the dwelling units; b) The building or parcel is not located in an area which the Council has designated as a high priority for redevelopment according to an adopted redevelopment strategy or plan. For the purposes of this section, a redevelopment strategy or plan shall be defined as a document and/or process which specifically outlines the area to be redeveloped and may include timelines and/or action steps to be taken, or which are being taken, to achieve the redevelopment. These action steps may include, but are not limited to, solicitation of developers, the purchase of property, environmental testing or other remediation, demolition of structure(s) and other similar activities; and c) The construction would not extend any farther into the required setback than the existing structure. (This provision would allow an expansion that is in line with the existing side setback of the dwelling, rather than requiring compliance with the larger setback that may be required in the applicable zoning district. In the case of asingle-family home in the Multi-Family Residential (MR-2) District, this would allow a homeowner to expand based on their existing setback.) If the Council opts to amend the Comprehensive Plan language in such a way that the properties within these neighborhoods will not be rezoned until a project proposal comes forward, these provisions would not be necessary. This option (revised Comprehensive Plan language) is the most permissive option. III. BASIS OF RECOMMENDATION A. POLICY • The proposed amendment seeks to clarify the intent of existing regulations. • Clear ordinance language make city :regulations more accessible to the general public. • The purpose of nonconformity regulations is twofold: o To allow for the continuation of structures and uses that legally existed prior to the adoption of subsequent regulations to continue; and o To encourage nonconformities to be brought into compliance when it is reasonable to do so. • In areas where redevelopment is not anticipated in the near future, the allowance of expansions will not be detrimental to City goals and will help to ensure maintenance and upkeep of existing structures. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • A public hearing was held before the Planning Commission on June 28, 2010. • Notice of the public hearing was published in the Sun Current Newspaper. • The Planning. Commission voted (6-1) to recommend approval of the attached ordinance. • A first reading was held on July 27, 2010. • If approved, the ordinance will be effective 30 days following publication in the Sun Current Newspaper. E. .ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Approve the ordinance with additional changes. V. ATTACHMENTS • Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A -D' ~ BILL NO. AMENDMENT TO RICHFIELD CITY CODE SUBSECTION 529.25 RELATED TO NONCONFORMITIES THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 509.25 of the Richfield City Code is amended by adding a new Subdivision 2 to read as follows, and by now renumbering all subsequent subdivisions: Subd.2. Definitions. rm it na definitions are a) Expansion -For the purposes of nonconformities, expansion includes, but is not limited to, intensification of the use, expansion of the use to a portion of the property not previously used, or increased structure dimension(s). b) Improvement - Where a nonconformity is made more compatible with the use of adjacent properties, efficient, and/or more aesthetically pleasing. For the purposes of nonconformities, an improvement does not include an expansion. c) Maintenance -Normal repair, restoration, and improvement including cosmetic changes. For the purposes of nonconformities, maintenance does not include new construction or expansion of a use or structure. d) Repair -For the purposes of nonconformities, repair means to restore to good condition by replacing or reassembling broken, worn out or malfunctioning components. Repair does not include expansion. e) Replacement -Construction that provides a substitute substantially equivalent to the pre-existing conditions that preceded damage or destruction_ f) Restoration -For the purposes of nonconformities, restoration means to restore or repair to good condition. by replacing or reassembling broken, worn out or malfunctioning components. Restoration does not include expansion. Sec. 2 Subsection 509.25, Subdivision 2b of the Richfield City Code is amended to read as follows: b) Any nonconformity is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. ~D'~ Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The nonconforming use status of the premises and any rights which arise under the provisions of this subsection shall terminate. Sec. 3 Subsection 509.25, Subdivision 3 of the Richfield City Code is amended to read as follows: Subd. 3. Nonconforming use. Except as otherwise noted in this code, there shall be no enlargement, expansion, intensification, or relocation of any building or premises devoted to a nonconforming use except to make it a conforming use. a) Exception. Expansion which would constitute addition and alteration to buildings containing nonconforming dwelling .units complying with the following conditions shall be permitted: i. The construction will not result in an increase in the number of dwelling units; ii. The building or parcel is not located in an area which the Council has designated as a high priority for redevelopment accordina to an adopted redevelopment strategy or plan. For the purpose or tnis section, a shall be defined as a do• specifically outlines the area to timelines and/or action steps taken. to achieve the redevelo iii. The than the re a :ument anaior process wnicr be redeveloped and may includE o be taken, or which are beinc ~ment. These action steps may solicitation of developers, the mental testing or remediation r similar activities; and end any farther into the reauirec Sec. 4 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 9th day of August 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Resolution AGENDA ITEM # 11 REPORT # 154 ~r~ STAFF REPORT CITY COUNCIL MEETING AUGUST 9, 2010 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request to amend the City's Comprehensive Plan to designate 7144 Portland Avenue as "public/quasi-public" rather than "single-family residential," which will. allow Hope Presbyterian Church to utilize the property. I. RECOMMENDED ACTION: By Motion: Approve an amendment to the City's Comprehensive Plan desi natin 7144 Portland Avenue as "public/quasi-public." II. BACKGROUND Hope Church, located at 7132 Portland Avenue, has an opportunity to purchase the single-family property located at 7144 Portland Avenue (immediately south of its existing property). The Church would like to purchase the property in order to increase it's presence and visibility from Portland Avenue. If approved, the existing home and driveway would be demolished in 2010 with future plans to use the lot for additional parking and green space. The Church is aware of parking lot setback and screening requirements- and. plans to provide landscaping and screening to buffer the new parking area from the abutting single-family lot. These improvements are not yet scheduled. In the meantime, the lot will be seeded and maintained as grass. Prior to construction of any improvements, the Church is required to amend the existing Conditional Use Permit. The Planning Commission and Council will be able to review specific site plan details as part of that process. 080910 - 7144 Portland CP Amend While the City's Zoning Code allows institutional uses in the single-family districts, the Comprehensive Plan calls such uses out separately for the purposes of population and household forecasting. Discussions with Metropolitan Council staff indicate that the re-guiding of one single-family home is a minor amendment and will not be a concern in regard to forecasts. III. BASIS OF RECOMMENDATION A. POLICY • Amendments to the Comprehensive Plan. require a 4/5 vote of the Council. • The Metropolitan Council must approve all amendments to the Comprehensive Plan. • The relationship between the proposed improvements and the adjacent single-family home will. be addressed through the Conditional Use Permit amendment process. • The Planning Commission recommended approval (7-0). B. CRITICAL TIMING ISSUES • 60-DAY RULE: The 60-day clock `started' when a complete application was received on July 14, 2010. A decision is required by September 12, 2010 OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision. C. FINANCIAL • The required application fee has been paid. D. LEGAL • A public hearing was held before the Planning Commission on July 26, 2010. No members of the public spoke. • Notice of the public hearing was published in the Sun Current Newspaper and sent to residents and property owners within 350 feet of the affected parcel. E. ENVIRONMENTAL CONSIDERATIONS • Following demolition, but prior to construction of improvements, the lot will be seeded to address the City's erosion control requirements. IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the proposed amendment. I V . ATTACHMENTS I • Conceptual future site plan • Area Comprehensive Plan Map I V 1. PRINCIPAL PARTIES ~;XPECTED AT MEETING I • Representative of Hoge Presbyterian Church i,~ RESOLUTION NO. C RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN CHANGING THE DESIGNATION OF PROPERTY LOCATED AT 7144 PORTLAND AVENUE WHEREAS, the City's Comprehensive Plan provides a Guide Plan establishing particular planning needs for specific segments of the City; and WHEREAS, the Comprehensive Plan designates 7144 Portland Avenue as "Single- Family Residential"; and WHEREAS, the City has reviewed the Guide Plan classification and determined that it would be appropriate to designate this property as "Public/Quasi-Public"; and WHEREAS, the Planning Commission conducted a public hearing on July 26, 2010 concerning modifying the Guide Plan and approved the modification; and WHEREAS, the City Council considered the amendment on August 9, 2010; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota that the City's Comprehensive Plan is hereby amended to designate 7144 Portland Avenue as Public/Quasi-Public and is contingent upon the following: 1. The revision is submitted to and approved by the Metropolitan Council. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of August 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 7144 Portland -Comp Amend 7/10 ~~~~- Surrounding Comprehensive Plan Designations LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR L LDR LDR 3S 0 LDR LDR W a ~ LDR Z LDR CHURCH LDR Proposed: g CHURCH F- O LDR a LDR LDR LD LDR LDR LD LDR LDR L LD LDR LDR LDR LD LD LDR LDR LDR LD HDR LDR HDR LDR LDR LD LDR HDR LDR LDR LD LDR -Low-Density Residetnial N HDR -High-Density Residential CHURCH -Public/Quasi-Public 0 45 90 180 270 360 Feet I:\GIS\Community Development\StafflMelissa\Projects\Zoning Cases\7144 Portland Ave - CP.mxd r-IOPE PRI=58'rT~RIAN CNURGI-t 1q? PCRtLA4D AYl. !01 ~I rr I ;~ r it I ,. P- Ga I ~~~ r~ ~ar~c~ iar A r -- - tiF' • {~ f -_ ~ 0 ( i i 11 ~ ,. I Q ~ r 'I i i i i ~ ~Xt8T ~ i .warrrara. r ae -~ewa+near~c~ ~ ~ -----------~~~~~t~ --------j I 0 15 3m bID 90 ScQte in Feet i ,i~~ ~~, ~ ~' ~ Q ?2nd STREI=T i - Rehder d'i Associates, Ir~c. GQMPREHENSIVE PLAN AMENDMENT oa~rE: s-zs-za CiEti1F_ngrneers,Planners:rrrc~LandSurE•efvnr 71'44 Portland Avenue SOWfiE1 SHEEP 39•FO Federal Urivc, Suite ~~0 L^:xgen, Mimrasota !51 YY HOPE PRESBYTERIAN GHIdRCH G ~ , o 63E-~5_~3051 Fur 631-~t5?-YTJ7 ~ enlaiZ: in(t1 n ~ebdeGCbtri Dart parr nrn . nn, _ vvvv vw .,o.,,....~ ~.~ o-. ..,,,~,...~....,.,...