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CITY OF RICHFIELD, MINNESOTA TUESDAY, SEPTEMBER 14, 2010 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 commenf period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Worksession of August 9, 2010; (2) Regular City Council Meeting of August 9, 2010; (3) Regular City Council Meeting of August 13, 2010; and (4) Special City Council Meeting of August 30, 2010 PRESENTATIONS 1. Presentation of Certificate of Recognition to Richfield Roadrunners - U 17 Girls Traveling Soccer Team Class 3 Division State Championship Title 2. Presentation of Landscaping Good Neighbor Awards (Council Memo No. 140) 3. Presentation of Certificate of Recognition to Richfield Garden Club 4. Annual meeting with. Charter Commission COUNCIL DISCUSSION 5. Council discussion • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 6. Council approval of agenda CONSENT CALENDAR 7. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval resolution authorizing Richfield City Manager to enter into joint powers agreement for medical first responder reimbursement pilot project between City of Richfield and Minnesota Department of Public Safety S.R. No. 158 B. Consideration of approval of resolution authorizing amended and restated I-35W Solutions Alliance Joint Powers Agreement S.R. No. 159 C. Consideration of approval of resolution for site plan amendment at 6315 Penn Avenue to allow retail furniture sales S.R. No. 160 D. Consideration of approval of resolution authorizing reimbursement for costs related to condemnation awards for Lyndale Avenue Bridge and 66th Street and Portland Avenue improvements projects S.R. No. 161 E. Consideration of approval of resolution declaring costs to be assessed and ordering preparation of proposed assessment roll for unpaid false alarm user fees against private property and setting public hearing for October 12, 2010 S.R. No 162 F. Consideration of approval of resolution directing preparation of assessment roll for 2010 concrete alley paving project and setting public hearing for October 12, 2010 S.R. No. 163 G. Consideration of approval of resolution declaring costs to be assessed for current services performed for weed elimination from private property and removal or elimination of public health or safety hazards from private property and setting public hearing for October 12, 2010 S.R. No. 164 H. Consideration of approval of resolution authorizing City of Richfield acceptance of mini grant monies from City of Bloomington Public Health Division for City of Richfield and Richfield School District Wellness programs and contract with Minnesota Institute of Public Health hired by Bloomington to manage contractual functions of grant S.R. No. 165 I. Consideration of approval of delegation agreement between City of Richfield and Minnesota Department of Health for inspection and enforcement of food, lodging facilities and public swimming pools S.R. No. 166 J. Consideration of approval of additional two antennas in cellular telephone antenna configuration by T-Mobile at Logan Avenue water tower S.R. No. 167 K. Consideration of approval of request by Richfield Visions, Inc. for itinerant place of amusement and itinerant food licenses with fee waiver for Richfield Cattail Days events on September 18, 2010 at Veterans Memorial Park, 6400 Portland Avenue S.R. No. 168 Notes: 8. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARING 9. Public hearing regarding: • Second reading of ordinance amending City Code pertaining to inspection and regulations of public swimming pools and adding new Section 619 for public pools; • Second reading of ordinance repealing Section 615 and adding new Section 617 for regulation of food establishments; • Second reading of ordinance repealing Section 1190 and adding new Section 618 for regulation of lodging establishments; and • Three resolutions authorizing summary publication of ordinance amendments to Richfield City Code sections 619 public pools, 617 food establishments and 618 lodging Staff Report No. 169 Notes: PROPOSED ORDINANCES 10. Consideration of actions related to planned unit development for Lyndale Commons project: • Second reading of 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); and • Resolution authorizing final development plan and conditional use permit for 90- unit apartment building comprising Lyndale Commons project at 6401 Lyndale Avenue, 515 64th Street West and 521 64th Street West Staff Report No. 170 Notes: 11. Consideration of: • Second reading of new and amended ordinances related to Minnehaha Creek Watershed District Rule B (Erosion Control), Rule C (Floodplain Alteration), Rule D (Wetland Protection) and Rule N (Stormwater Management); • Resolution authorizing summary publication of ordinance amendment Section 428; • Resolution authorizing summary publication of ordinance relating to wetland protection; and • Resolution authorizing summary publication of ordinance relating to stormwater management regulations Staff Report No. 171 Notes: RESOLUTIONS 12. Consideration of resolution amending text of Implementation Chapter of Richfield Comprehensive Plan to defer rezoning of certain properties Staff Report No. 172 Notes: 13. Consideration of 2010 Revised/2011 Proposed Budget resolutions adopting 2011 preliminary property tax levy, setting truth in taxation hearing date, authorizing budget revisions and authorizing revision of 2010 budget of various departments Staff Report No. 173 Notes: CITY MANAGER'S REPORT 14. City Manager's report Notes: 15. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not. on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: 16. 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 COUNCIL MINUTES ~ . ~ Richfield, Minnesota Special City Council Worksession August 9, 2010 CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:30 p.m. ROLL CALL Council Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Barry Fritz, Public Safety Director; Betsy Osborn, Health Administrator; Charlie O'Brien, Code Compliance Specialist; and Cheryl Krumholz, Recording Secretary. Item #1 DISCUSSION REGARDING MULTI-PET RESIDENTIAL LICENSES (CONTINUED FROM JULY 13 AND 27, 2010; C.M. 102) Public Safety Director Fritz explained the background and history related to the current licensing process. Council Member Wroge expressed his concerns regarding the current ordinance, including the inconsistency of the number of animals that would require amulti-pet license, his belief that staff time could be better spent on property maintenance issues, the majority of residents with multi-pet license are not causing problems so they should not be required to go through the annual renewal process, the process for enforcing violations, and the license fee may be too high which could discourage residents from coming forward to obtain a license. Director Fritz stated it may be that there are no problems with the currently multi-pet licensed properties because the pro-active approach is working. Health Administrator Osborn said that staff receives calls from residents who express gratitude for the current process of the City seeking their feedback because they are more comfortable expressing concerns. Code Compliance Specialist O'Brien explained the State Statute regarding dangerous dogs and also the current ordinance requirements regarding owning a dog. Council Member Elliott stated there was no rational relationship between the number of dogs and problems. He also expressed concerns with setting an arbitrary number. Mayor Goettel responded that if the number is removed, it could become unlimited. She suggested others cities be contacted regarding the criteria they used to determine the number of animals for amulti-pet license. Special City Council Worksession Minutes -2- August 9, 2010 City Council Member Sandahl stated she believed the current number was reasonable considering the small lots in Richfield. She added the license fee is to cover the services provided and needs to be reasonable and justifiable. City Manager Devich stated this is a City Council policy which is controversial in the community. The City Council consensus was to have staff contact other cities regarding their fee structure and process for multi-pet residential licenses and proceed with the possible ordinance revisions already under review by staff. Item #2 DISCUSSION REQUESTED BY HUMAN RIGHTS COMMISSION REGARDING DOMESTIC PARTNERSHIP REGISTRATION ORDINANCE (C.M. 123) Molly Darsow, Human Rights Commission Chair, reviewed information related to exploring the possibility of a Domestic Partnership Registration for the City of Richfield. She added the purpose of this discussion was to ask for City Council support to open the topic to residents to gain their feedback. Mayor Goettel stated that State Representative Slocum encouraged the City's support of the ordinance because the Legislature will be addressing this matter. Ms. Goettel added she agreed with moving forward with public input. Phil Duran, Out Front Minnesota, Minneapolis, MN, explained the significance of a registry which is largely symbolic because State law governs it. Council Member Elliott stated the registry is worthy of consideration and supported getting input from residents. Council Member Wroge stated he would not support the registry at a City level but rather at the State level so every community is handling the registry the same way. Council Member Fitzhenry questioned who maintained and had access to the registry and if it was public information. Mr. Duran stated the registry is government data subject to the MN Data Practices Act. Council Member Sandahl said the City registry was a good idea and would be helpful to gain support at the State level. City Manager Devich explained the differences between a City resolution and ordinance, and how staff could administer the registry. Human Rights Chair Darsow stated the commission is also requesting the City Code Bereavement Leave Section for employee 1~enefits be revised to include domestic partners. City Manager Devich explained the code does not currently recognize a domestic partner in any employee benefits. The City Council consensus was to have the Human Rights Commission move forward with gaining feedback from residents before proceeding with a proposed ordinance or change in the City's Bereavement Leave Policy related to Domestic Partnership. Item #3 DISCUSSION REGARDING PURSUING ECONOMIC DEVELOPMENT INITIATIVES (C.M.124) Special City Council Worksession Minutes -3- August 9, 2010 Tim Carter, Richfield Bloomington Honda, and Pat Brekken, Richfield Bloomington Credit Union, discussed the possible role of the Richfield Chamber of Commerce in economic development in the community. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:56 p.m. Date Approved: Debbie Goettel Mayor Cheryl Krumhofz Recording Secretary Steven L. Devich City Manager CITY COUNCIL MEETING MINUTES ' ~ Richfield, Minnesota Regular Meeting August 9, 2010 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:03 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; Tom Fitzhenry; and Pat Elliott. Sfaff 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; Karen Barton, Community Development Manager; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. OPEN FORUM None. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Fitzhenry, Motion carried 5-0. Jul Item #1 ANNUAL MEETING WITH CIVIL SERVICE COMMISSION .Phil Mortenson, Civil Service Commission President, reported on the 2009-10 commission accomplishments. Council Meeting Minutes -2- August 9, 2010 Item #2 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS • CEDAR POINT DEVELOPMENT STATUS Mayor Goettel reminded the City Council of the August 13 Special City Council Mee#ing at 8 a.m. and the August 30 Special City Council Meeting at 5:30 p.m. Mark Kampmeyer, Ryan Companies, addressed the City Council regarding the development interest of McDonald's in the Cedar Point retail area on the parcel on the northwest quadrant of the 66th Street/Richfield Parkway roundabout. Mayor Goettel expressed concern that McDonald's does not fit the retail plan of what the City wanted in that area. Community Development Director Stark stated staff has met with representatives of McDonalds to discuss their interest and assist them in completing their site investigation process; which is a very detailed and comprehensive analysis. He discussed several issues and constraints for McDonalds related to the site. Council Member Wroge requested staff provide the financial differences between having a restaurant like McDonald's versus retail for that site. The City Council acknowledged the success of the recent Penn Fest, Urban Wildland Half Marathon and 5K, and Night to Unite events. Mayor Goettel acknowledged the efforts of the Public Safety Department and the recent assistance provided by Officer Joseph Edwards. Council Member Wroge expressed concern about the decrease in year- to-date water usage and the possible increase in utility rates. He suggested decreasing expenditures, not increasing the rates. City Manager Devich explained that major capital infrastructure costs at the Water Plant and revenues are needed to balance and maintain the water quality residents expect. Item #3 COUNCIL APPROVAL OF AGENDA Mayor Goettel moved Consent Calendar Items 4A and 4G to Item 5 for separate consideration. M/Wroge, S/Fitzhenry to approve the agenda, as amended. Motion carried 5-0. Item #4 CONSENT CALENDAR A. Moved to Item 5. 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 Council Meeting Minutes -3- August 9, 2010 of food establishments; (c) repealing Subsections 1190.01 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 RESOLUTION NO. 10389 RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE TO ACCEPT DONATIONS FROM THE LISTED AGENCIES, BUSINESSES AND PRIVATE INDIVIDUALS FOR DESIGNATED USES This resolution appears as Resolution No. 10389. E. Consideration of approval of resolution authorizing City of Richfield Public Safety Department to enter Co-operative Agreement to become member of Hennepin County Violent Offender Task Force S.R. No. 143 RESOLUTION NO. 10390 RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY DEPARTMENT'S PARTICIPATION IN THE HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE This resolution appears as Resolution No. 10390. 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 RESOLUTION NO. 10391 RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEARS 2011 THROUGH 2020 This resolution appears as Resolution No. 10391. G. Moved to Item 5. 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 RESOLUTION NO. 10393 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 This resolution appears as Resolution No. 10393. 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 M/Goettel, S/Wroge to approve the Consent Calendar, as amended. Motion carried 5-0. Council Meeting Minutes -4- August 9, 2010 Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR 4A. Consideration of first reading of ordinance amending Appendix 1 of Richfield City Code rezoning 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 Council Member Wroge presented Staff Report No. 139. Community Development Director explained the rationale for a planned unit development. He said the size of the parcel is not known until a physical survey is done. As the development is proposed, it does meet certain density requirements. Council Member Wroge .requested the City Council receive the final development plan and conditional use permit information several days prior to its consideration on September 14, 2010. M/Wroge, S/Sandahl to approve first reading of Id Citv Code rezonina 6401 Lvnda4e Avenue. 51 Motion carried 5-0. 4G. Consideration of approval of resolution establishing on-call compensation policy for Public Works Superintendents/Managers S.R. No. 145 Council Member Wroge presented Staff Report No. 145. He questioned if the managers were paid monthly or hourly. City Manager Devich stated they were exempt, salaried positions, M/Wroge, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10392 RESOLUTION ESTABLISHING A PUBLIC WORKS ON-CALL COMPENSATION POLICY Motion carried 5-0. This resolution appears as Resolution No. 10392. Item #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 S.R. NO. 148 Council Member Wroge presented Staff Report No. 148. M/Wroge, S/Sandahl to close the public hearing. Motion carried 5-0. Council Meeting Minutes -5- August 9, 2010 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 2010-11 Council Member Wroge questioned the cost differences between the licenses and the enforcement process. Council Member Fitzhenry explained there are two processes for tracking nuisance issues; rental property licensing and environmental health inspections. Community Development Director Stark stated that rental properties were informed of the proposed changes and the MN Multi Housing Association does not oppose the changes. City Attorney Heine discussed the State law process for remedying nuisance issues. Motion carried 5-0. This resolution appears as Resolution No. 1.0394. Item #7 PUBLIC HEARING REGARDING RESOLUTION ADOPTING SPECIAL ASSESSMENT ROLL FOR 2009 REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY S.R. NO. 149 Council Member Fitzhenry presented Staff Report No. 1149. M/Wroge, S/Sandahl to close the public hearing. Motion carried 5-0. M/Fitzhenry, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10395 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. 6 Motion carried 5-0. This resolution appears as Resolution No. 10395. City Attorney requested the City Council make a motion to reconsider the ordinance in Item M/V1/roge, S/Goettel to reconsider the ordinance in Item 6. Motion carried 5-0. City Attorney Heine explained the changes to Subsection 407.07, Subd. 1 resulting from a MN Multi-Housing Association concern that changes are too onerous with respect to the information that must be provided on landlords. M/Wroge, S/Sandahl to approve the revised ordinance including the changes made to Subsection 407.07. Subd. 1 as discussed by the City Attorney. RESOLUTION NO. 10394 Council Meeting Minutes -6- August 9, 2010 Motion carried 5-0. Item #8 PUBLIC HEARINGS REGARDING RESOLUTIONS ADOPTING SPECIAL ASSESSMENT ROLLS FOR 2009 MAINTENANCE SERVICES AND RESOLUTIONS ORDERING CURRENT 2011 MAINTENANCE SERVICES A. 77TH STREET MAINTENANCE S.R. NO. 150 B. LYNDALE/HUB/NICOLLET MAINTENANCE S.R. NO. 151 Council Member Sandahl presented Staff Report No. 150. M/Wroge, S/Sandahl to close the public hearing. Motion carried 5-0. M/Sandahl, S/Goettel that the following resolutions be adopted and that it be made part of these minutes: RESOLUTION NO. 10401 RESOLUTION ADOPTING ASSESSMENT FOR LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1 THROUGH DECEMBER 31, 2009 RESOLUTION NO. 10397 RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE JANUARY 1 THROUGH DECEMBER 31, 2011 Motion carried 5-0. These resolutions appear as Resolution Nos. 10401 and 10397. Council Member Sandahl presented Staff Report No. 151. M/Wroge, S/Goettel to close the public hearing. Motion carried 5-0. M/Sandahl, S/V1/roge that the following resolutions be adopted and that it be made part of these minutes: RESOLUTION NO. 10396 RESOLUTION ADOPTING ASSESSMENT ON 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1 -DECEMBER 31, 2009 RESOLUTION NO. 10402 RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT77TH STREET PROJECT AREA JANUARY 1 THROUGH DECEMBER 31, 2011 Motion carried 5-0. These resolutions appear as Resolution Nos. 10396 and 10402. Council Meeting Minutes -7- August 9, 2010 Item #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; AMENDING SECTION 840 OF RICHFIELD CODE AND SCHEDULING PUBLIC HEARING AND SECOND READING ON SEPTEMBER 28, 2010 S.R. 152 Mayor Goettel presented Staff Report No. 152. M/Goettel, S/Sandahl un~easned dogs; amending Section t~4U i second reading On September 28, 2010. Mayor Goettel stated the Advisory Board of Health supports this ordinance. Council Member Elliott expressed concerns regarding enforcement. Recreation Services Director Topitzhofer explained the enforcement process, including self policing, signage and education. He added the effective date would be January 1, 2011. Motion carried 5-0. Item #10 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING RICHFIELD CITY CODE SUBSECTION 509.25 RELATED TO DEFINING NONCONFORMING USES S.R. NO. 153 Mayor Goettel presented Staff Report No. 153. Community Development Director Stark explained the proposed amendment is to make it easier for nonconforming single family residential uses to expand and clarified the amendment does not apply to commercial properties. M/Goettel, S/Fitzhenry that this constitute the second reading of Ordinance No. 2010-10 amending Richfield City Code Subsection 509.25 related to defining nonconforming uses. Motion carried 5-0. Item #11 CONSIDERATION OF RESOLUTION AMENDING CITY'S COMPREHENSIVE PLAN TO DESIGNATE 7144 PORTLAND AVENUE AS "PUBLIC/QUASI- PUBLIC" RATHER THAN "SINGLE-FAMILY RESIDENTIAL" ALLOWING HOPE PRESBYTERIAN CHURCH TO UTILIZE PROPERTY S.R. NO. 154 Council Member Elliott presented Staff Report No. 154. Keith Koenig, Presbyterian Church representative, stated the church is planning to demolish the house to address issues with the current church driveway. Council Member Wroge stated that he believed the church could change their driveway without taking this house and.use the land they currently have more effectively. M/Elliott, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10398 Council Meeting Minutes -8- August 9, 2010 RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN CHANGING THE DESIGNATION OF PROPERTY LOCATED AT 7144 PORTLAND AVENUE Motion carried 5-0. This resolution appears as Resolution No. 10398. Item #12 CITY MANAGER'S REPORT City Manager Devich stated that there is an additional item on the August 13 Special City Council Meeting agenda related to the acquisition of a property. Item #13 CLAIMS AND PAYROLL M/Wroge, S/Sandahl that the following claims and payrolls be approved: U.S. BANK 08/10/2010 A/P Checks: 196529 - 196902 PAYROLL 68496 - 68871, 41501 - 41502 $ 1,066,608.19 $ 564,603.54 TOTAL Motion carried 5-0. OPEN FORUM None. ADJOURNMENT $ 1,631,211.73 The City Council meeting was adjourned by unanimous consent at 9:16 p.m. Date Approved: Cheryl Krumholz Recording Secretary Debbie Goettel Mayor Steven L. Devich City Manager J CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting August 13, 2010 CALL TO ORDER The meeting was called to order by Mayor Goettel at 8:19 a.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; Tom Fitzhenry; and Pat Elliott. Staff Presenf: Steven L. Devich, City Manager; Nancy Gibbs, City Clerk; and Cheryl Krumholz, Recording Secretary. Item #1 CONSIDERATION OF RESOLUTION DETERMINING RESULTS OF CITY PRIMARY ELECTION ON TUESDAY, AUGUST 10, 2010 S.R. NO. 155 Mayor Goettel presented Staff Report No. 155. M/Goettel, S/VVroge that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10399 RESOLUTION DETERMINING RESULTS OF THE PRIMARY ELECTION OF THE CITY OF RICHFIELD HELD ON TUESDAY, AUGUST 10, 2010 Motion carried 5-0. This resolution appears as Resolution No. 10399. Item #2 CONSIDERATION OF RESOLUTION AUTHORIZING CITY MANAGER TO PURCHASE REAL PROPERTY AT 7600 PORTLAND AVENUE S.R. NO. 156 Mayor Goettel presented Staff Report No. 156. City Manager Devich explained the home could be demolished and the site made part of Roosevelt Park. Also, if the property next door wishes to sell, the owners have been informed the City would like to have the first option to purchase. In the Comprehensive Plan, the long term planning includes both properties for expanding Roosevelt Park. Special Council Meeting Minutes -2- August 13, 2010 The City Council requested staff prepare a letter from the City Council informing the owners of the property next door that the City would like to have the first option to purchase when they wish to sell. M/Goettel, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10400 RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY LOCATED AT 7600 PORTLAND AVENUE Motion carried 5-0. This resolution appears as Resolution No. 10400. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:29 a.m. Date Approved: Cheryl Krumhotz Recording Secretary Debbie Goettel Mayor Steven L. Devich City Manager J SPECIAL CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Meeting August 30, 2010 CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:30 p.m. ROLL CALL Council Members Present: Debbie Goettel, Mayor; Pat Elliott; Fred Wroge; Sue Sandahl; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Barry Fritz, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Brad Sveum, Fire Services Director; Bill Fillmore, Municipal Liquor Operations Director; Chris Regis, Finance Manager; Pam Dmytrenko, Assistant to the City Manager; Todd Sandell, Public Safety Deputy Director; and Nancy Gibbs, City Clerk. Item #1 COUNCIL APPROVAL OF AGENDA M/Wroge, S/Sandahl to approve the agenda. Motion carried 5-0. Item #2 CONSIDERATION OF AWARD OF CONTRACT TO CASTREJON, INC. FOR CONSTRUCTION OF FIBER OPTIC NETWORK TO CONNECT THREE CITY RECREATION FACILITIES TO CITY'S EXISTING FIBER NETWORK IN AMOUNT OF $33,860. SR NO. 157 Mayor Goettel presented Staff Report No. 157. Special Meeting Minutes -2- August 30, 2010 M/Goettel, S/Sandahl to approve the award of contract to Castrejon, Inc. for construction of fiber optic network to connect three City recreation facilities to the City's existing fiber network in amount of $33,860. Motion carried 5-0. Item #3 DISCUSSION OF 2011 PROPOSED BUDGET AND TAX LEVY City Manager Devich introduced the 2011 proposed budget and tax levy. Finance Manager Regis presented the overall budget and tax levy power point. City Manager Devich stated the City Council will have some policy decisions this up coming budget year on how to look for revenues. He also stated he believes the City may receive $500,000 of local government aid (LGA) and if so, that would reduce a 10.94% levy to 7.60%. Mayor Goettel stated she is not comfortable with a double digit increase. People are struggling right now and she hasn't heard of these concerns getting any better. Council Member Wroge stated the City needs to get off LGA, however he would like to see the residents and business owners tell the City what they can do without. He stated the City needs to talk with residents to see if-they can help. He suggested one thing that could save some money would be for residents to remove the snow from the front sidewalks. He also suggested replacing squad. cars every four years not every three years. City Manager Devich stated the City needs to determine what services can be consolidated. He added the City has been able to enjoy many benefits through LGA. Finance Manager Regis reviewed the Executive/Legislative and Administrative Services proposed 2011 budgets. Mayor Goettel expressed concern about the auditor's findings regarding the lack of staff backup for the Finance Manager. Finance Manager Regis responded that he was comfortable with the way the Finance Division is currently organized. City Manager Devich stated the City does not have the money to create a back up position to the Finance Manager., Public Safety. Deputy Director Sandell reviewed the Public Safety proposed 2011 budget. At 6:45 p.m. Mayor Goettel suggested that everyone take a ten minute break. The City Council reconvened at 6:55 p.m. Community Development Director Stark presented the Community Development 2011 proposed budget, including Planning and Zoning, Inspections and Housing and Redevelopment. Fire Services Director Sveum reviewed the 2011 proposed Fire Services budget. Special Meeting Minutes -3- August 30, 2010 Public Works Director Eastling presented the 2011 proposed Public Works budget, including Engineering, Parks, Streets, Garage Maintenance and Utilities. Recreation Services Director Topitzhofer presented the 2011. Recreation Services proposed budget, including Wood Lake Nature Center, Ice Arena, Pool and Mini Golf. Liquor Operations Director Fillmore presented the 2011 proposed budget for the four Municipal Liquor stores. City Manager Devich stated he would provide budget recommendations for the City Council's consideration at the September 14 City Council meeting. He also suggested the City Council conduct a Special Meeting on Monday, October 4 at 5:30 p.m. to discuss the levy that will be set on September 14. The City Council scheduled a Special City Council Meeting on October 4, 2010. ADJOURNMENT The meeting was adjourned by.unanimous consent at 8:10 p.m. Date Approved: Nancy Gibbs City Clerk Debbie Goettel Mayor Steven L. Devich City Manager AGENDA SECTION AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 12TH, 2010 Consent 158 BRAD SVEUM -FIRE SERVICES REPORT PREPARED BY: DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE • REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of authorizing the Richfield City Manager to enter into a Joint Powers Agreement (JPA) for a Medical First Responder Reimbursement Pilot Project between the City of Richfield and the Minnesota Department of Public Safety. I. RECOMMENDED ACTION: By Motion: Approve and authorize the Richfield City Manager to enter into a Joint Powers Agreement (JPA) for a Medical First Responder Reimbursement Pilot Project between the City of Richfield and the Minnesota Department of Public Safety. II. BACKGROUND For several years, the City of Richfield and many other cities that provide emergency medical First Responder service have tried to enact legislation at the state level that would require health insurance companies to reimburse for that service. That legislation has never yet been heard in any committee. The state legislature decided in 2010 to fund and conduct a study of the efficacy of Emergency Medical First Responder services in order to gain data before moving ahead with legislation requiring insurance companies to pay for this type of response. The study is known as the Medical First Responder Reimbursement Pilot Project. Richfield applied to be a participant and was recently notified as being accepted into the project. The State of Minnesota will reimburse the City of Richfield $100 for each emergency medical response made to collect data and information on 0914JPAFire emergency medical runs responded to including treatments provided. The project will pay the City of Richfield up to a maximum of .$50,000 and will end December 31, 2010.. A joint powers agreement (JPA) is required for participation in this program as provided for by Minnesota Statutes 479.59 and Chapter 79. The City Manager is the authorized representative to sign the JPA and Richfield City Council approval of such is required by resolution. III. BASIS OF RECOMMENDATION A. POLICY • It has been the policy of City of Richfield for the past several years to pursue legislation that would require health insurance companies to reimburse for emergency medical first responder service provided. B. CRITICAL ISSUES • This pilot project is a necessary step to provide the state legislature with data and information regarding the effectiveness of good First Responder emergency medical service on long term patient outcomes and ;subsequent savings on overall health care costs. • The City of Richfield was one of the selected participants due to the high number of emergency medical responses made each year, the rapid response time and the level of care and service provided. C. FINANCIAL • The Richfield Fire Department already provides emergency medical service first response to all 911 calls received. • The City of Richfield incurs no financial costs participating in the pilot project. D. LEGAL • The JPA is made pursuant to Minnesota Statute 471.59, and Chapter 79. The Richfield City Attorney has reviewed the JPA and recommends no changes. E. ENVIRONMENTAL CONSIDERATIONS • None IV ALTERNATIVE RECOMMENDATION(S) ~ • Council could disapprove the resolution which would void the agreement. ~ V. ATTACHMENTS ~ Kesolution Copy of the Joint Powers Agreement ~VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ None ~p RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE STATE OF MINNESOTA TO PARTICIPATE IN THE STATE OF MINNESOTA FIRST RESPONDER REIMBURSEMENT PILOT PROJECT WHEREAS, the City of Richfield City Council has attempted through the state legislative process to require health insurance companies to reimburse for emergency medical service (EMS) First Responder services and; WHEREAS, the State of Minnesota legislature has created the First Responder Reimbursement Pilot Project to be administered by the Minnesota Department of Public Safety and conducted in 2010 and; WHEREAS, the City of Richfield Fire Department applied to be a participant in the First Responder Reimbursement Pilot Project and was selected to participate; NOW, THEREFORE, BE IT RESOLVED that the City of Richfield City Council direct the Richfield City Manager to enter into a Joint Powers Agreement with the State of Minnesota Public Safety Department to participate in the First Responder Reimbursement Pilot Project. Such participation and reimbursement shall be pursuant to the terms and conditions set forth in the State Of Minnesota Joint Powers Agreement, Contract No. 647896. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of September, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 1~s~- CFMS Contract No. B47896 STATE OF MINNESOTA JOINT POWERS AGREEMENT This agreement is between the State of Minnesota, acting through its Commissioner of Public Safety, State Fire Marshal's Office ("State") and City of Richfield, Richfield Fire Department, 6700 Portland Avenue South, Richfield, MN 55423 ("Governmental Unit"). Recitals Under Minn. Stat. § § 471.59, subd. 10, and Chapter 173, Article 2, Section 6 as well as Chapter 79, Article 10, Section 48 the State is empowered to engage such assistance as deemed necessary. The State is in need of qualified applicants to participate in the Medical First Responder Reimbursement Pilot Project. The project is to provide a coordinated pilot project to establish a limited reimbursement program for services rendered and costs incurred while responding as a registered Medical Response Unit in the State of Minnesota within an EMS System. Agreement Term of Agreement 1.1 Effective date: September 1, 2010 or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Expiration date: December 31, 2010 or until all obligations have been satisfactorily fulfilled or the project dollars have been expended, whichever occurs first. 2 Agreement between the Parties 2.1 All services performed under agreement will be reviewed and approved on a task basis by the DPS Project Coordinator. All documents and reports developed by the contractor for this project must be provided to the DPS Project Coordinator in writing and in an electronic format approved by the DPS Project Coordinator. The tasks for each category of work are as follows: Task 1 -Appropriately render care to patients within scope of practice. Task 2 -Document the information requested on the Medical First Responder i-un form that is provided through the pilot program by the DPS Project Coordinator, submit the Medical First Responder run form information to pilot DPS Project Coordinator in a timely manner. Task 3 -Provide additional "run" information as requested by the DPS Project Coordinator. Task 4 -Submit Invoice to DPS Project Coordinator not more often than once a month. Task 5 -Assist DPS Project Coordinator if needed in_drafting the final report to be submitted to the Minnesota Legislature. 2.2 Information Covered by this Provision. In carrying out its duties, Contractor will be handling one or more types of private information, collectively referred to as "protected information," concerning individual State clients. "Protected information," for the purposes of this agreement, includes any or all of the following: (a) Private data (as defined in Minn. Stat. § 13.02, subd. 12), confidential data (as defined in Minn. Stat. § 13.02, subd. 3), medical data (as governed by Minn. Stat. § 13.384), and other non-public data governed elsewhere in Minnesota Government Data Practices Act (MGDPA), Minn. Stats. Chapter 13; (b) Protected .health information ("PHI") (as defined in and governed by the health Insurance Portability Accountability Act ["HIPAA"], 45 CFR § 164.501); and (c) Other data subject to applicable state and federal statutes, rules, and regulations affecting the collection, storage, use, or dissemination of private or confidential information. Joint Powers Agreement (Rev.08/10) 7~3 CFMS Contract No. B47896 2.3 Duties Relating to Protection of Information. (a) Duty to ensure proper handling of information. Contractor shall be responsible for ensuring proper handling and safeguarding by its employees, subcontractors, and authorized agents ofprotected information collected, created, used, maintained, or disclosed on behalf of State. This responsibility includes ensuring that employees and agents comply with and are properly trained regarding, as applicable, the laws listed above in Section 2.2. (b) Minimum necessary access to information. Contractor shall comply with the "minimum necessary" access and disclosure rule set forth in the HII'AA and MGDPA. The collection, creation, use, maintenance, and disclosure by Contractor shall be limited to "that necessary for the administration and management of programs specifically authorized by the legislature or local governing body or mandated by the federal government." 3 Payment The State of Minnesota Fire Marshal's Office will reimburse $100.00 per Medical First Response call upon successful completion and acceptance of required Medical First Responder run paperwork submitted by the City of Richfield Fire Department and accepted by the State. The total obligation of the State under this agreement will not exceed $50,000.00. 4 Authorized Representatives The State's Authorized Representative is Lance Ross, DPS Proiect Coordinator, 444 Cedar Street, Suite 145, St. Paul, MN 55101-5145, 651-201-7220, or his/her successor. The Governmental Unit's Authorized Representative is Brad Sveum, Richfield Fire Chief, 6700 Portland Ave. So., Richfield, MN 55423, 612-243-4502, or his/her successor. Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 5.3 Waiver If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 6 Indemnification in file performance of this contract by contractor, or Contractor's agents or employees, the contractor must indemnify, save, and hold harmless the State, its agents, and employees, from any claims or causes of action, including attorney's fees incurred by the state, to the extent caused by Contractor's: 1) Intentional, willful, or negligent acts or omissions; or 2) Actions that give rise to strict liability; or 3) Breach of contract or warranty. The indemnification obligations of this section do not apply in the event the claim or cause of action is the result of the State's sole negligence. This clause will not be construed to bar any legal remedies the Contractor may have for the State's failure to fulfill its obligation under this contract. Joint Powers Agreement (Rev.08/10) ~~ l! CFMS Contract No. B47896 7 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Goveritnental Unit's books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement. 8 Government Data Practices The Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or. disseminated by the Governmental Unit under this agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the State. If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must immediately notify the State. The State will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. 9 Venue Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10 Termination 10.1 Termination. The State or the Governmental Unit may terminate this agreement. at any time, with or without cause, upon 30 days' written notice to the other party. 10.2 Termination for Insufficient Funding. The State may immediately terminate this agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Governmental Unit. The State is not obligated to pay for any services that are .provided after notice and effective date of terninatioil. However, the Governmental Unit will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Governmental Unit notice of the lack of funding within a reasonable time of the State's receiving that notice. (THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) Joint Powers Agreement (Rev.08/10) ~~ -5 CFMS Contract No. B47896 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY b~dividual certifres that funds have been er7cumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. By: - ~ _.~1~ (with delegated authority) Signed: ~~J ~,k~,. ~tiYWY'Khti7. Title: Date: U ° a2 3` I ® Date: CFMS Contract No. B47896 4. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division 2. GOVERNMF,NTAL UNIT By: By: ,v • --~ Date: Title: , Date: _ _ _ By: _ Title: Date: Distribution: Agency Governmental Unit State's Authorized Representative -Photo Copy Joint Powers Agreement (Rev.08/10) 4 STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING SEPTEMBER 14, 2010 Consent 7B 159 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of amendment to I-35W Solutions Alliance Joint Powers agreement. I. RECOMMENDED ACTION: By Motion: Approve the resolution approving the amended and restated I-35W Solutions Alliance Joint Powers Agreement. II. BACKGROUND The I-35W Solutions Alliance was formed in 1989 to improve the capacity to move people and goods in the I-35W corridor. Numerous improvements have been made on I-35W including the expansion of High Occupancy Vehicle (HOV) lanes, the study of high speed buses, improvements from I-494 to the Crosstown Highway 62, the planned rebuilding of the I-35W and Crosstown Highway 62 commons, and preliminary work for reconstruction of the I-35W/I-494 interchange. Proposed amendments to the agreement include an extension through December 31, 2020 and reflection of changes that have been made in laws such as the merger of the Metropolitan Transit Commission into the Metropolitan Council and elimination of some committees as previously existed. The work of the group will be conducted through monthly meetings with the Board of Directors representing the cities and counties along I-35W. Member cities and counties include Burnsville, Bloomington, Lakeville, Richfield, Apple Valley, Minneapolis, Savage, Elko New Market, Dakota County, Hennepin County, and Scott County. JEFF PEARSON, TRANSPORTATION ENGINEER 091410135WJPA A brief history of the accomplishments of the Solutions Alliance during its 20 years is attached. Council Member Sandahl is the current Chair of the Alliance. III. BASIS OF RECOMMENDATION A. POLICY • The I-35W Solutions Alliance works to influence State and regional transportation plans, achieving many of the goals outlined in the City Comprehensive Plan (Chapter 6). B. CRITICAL TIMING ISSUES • Members of the I-35W Solutions Alliance are asked to consider the amended and restated Joint Powers Agreement before December 31, 2010. C. FINANCIAL • Each member of the I-35W Solutions Alliance agrees to contribute each year to the general fund of the Solutions Alliance. The annual contribution is determined by a formula approved by the Board and paid by March 1St of each year. The attached Dues Policy details the three categories of dues based on population bands. Richfield dues would be $3,000.00 per year. D. LEGAL • The City Attorney has reviewed the Joint Powers Agreement and resolution. E. ENVIlZONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION~S~ • Council may choose to discontinue membership in the I-35W Solutions Alliance. V. ATTACHMENTS • Resolution to Amend Joint Powers Agreement of the I-35W Solutions Alliance • Second Amended and Restated Joint Powers Agreement Establishing the I- 35W Solutions Alliance • I-35W Solutions Alliance Dues Policy • Summary of I-35W Solutions Alliance Accomplishments VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 1~~ RESOLUTION NO. RESOLUTION TO AMEND JOINT POWERS AGREEMENT OF THE I-35W SOLUTIONS ALLIANCE WHEREAS, the City Council of Richfield is the official governing body of the City of Richfield; and WHEREAS, the City of Richfield is a member of the Joint Powers Agreement creating the I-35W Solutions Alliance; and WHEREAS, the Joint Powers Agreement will expire on December 31, 2010, unless the members agree to extend it; and WHEREAS, it is in the best interests of the City of Richfield, the region and the state to continue the work of The I-35W Solutions Alliance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. That the City Council of the City of Richfield hereby approves and adopts the Second Amended and Restated Joint Powers Agreement attached to this resolution. 2. That the City Council of the City of Richfield will execute the Second Amended and Restated Joint Powers Agreement, and that a certified copy of this resolution approving it will be filed with the City Clerk of Burnsville, Minnesota. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of September 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~G 2 SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT ESTABLISHING THE I-35W SOLUTIONS ALLIANCE 1~3 SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT ESTABLISHING THE I-35W SOLUTIONS ALLIANCE The parties to this Agreement are Governmental Units of the State of Minnesota which have land in the Interstate 35W corridor, or are impacted by I-35W. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statute §471.59. Section 1. Name. The parties hereby create and establish The I-35W Solutions Alliance. Section 2. General Purpose. The purpose of this Agreement is for the Governmental Units to jointly and cooperatively provide an organized effort to facilitate traffic flow and capacity in the I-35W corridor. Section 3. Definitions. Subdivision 1. "Solutions Alliance" means the joint powers organization created by this Agreement the full name of which is "The I-35W Solutions Alliance." Subdivision 2. "Board" means the Board of Directors of the Solutions Alliance. Subdivision 3. "Ex-Officio Member" means a person or entity selected by the Solutions Alliance to have special status with the Solutions Alliance, with only the rights specified in this Agreement. Subdivision 4. "Governing Body" means the council, board, body or persons in which the powers of a Governmental Unit which is a Member of this Solutions Alliance is vested. Subdivision 5. "Governmental Unit" means any city, county or rail authority that is a party to this Agreement. Subdivision 6. "Member" means a Governmental Unit that is a parry to this Agreement. -1- ~B ~ 4. Membership. The Members of the Solutions Alliance shall consist of the following Governmental Units: City of Burnsville City of Bloomington City of Elko New Market City of Lakeville City of Richfield City of Savage Dakota County City of Minneapolis Hennepin County Regional Railroad Authority Scott County No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any Governmental Unit listed above to be represented on the Solutions Alliance as long as such Governmental Unit continues to exist as a separate political subdivision. Any other governmental entity may become a Member upon approval of the Board, execution of this Joint Power Agreement, and payment of the contribution prescribed by the Board. 5. Board of Directors. Subdivision 1. The governing body of the Solutions Alliance shall be its Board of Directors, which shall be responsible for managing its affairs, exercising its powers, and performing its duties. Subdivision 2. Each Member shall appoint two Directors and one Alternate. Members shall serve at the pleasure of the appointing member and may be removed only by the Appointing Member. Vacancies shall be filled only by the Appointing Member. Incumbent members serve until a successor has been designated. A member shall provide written notice of appointments to the Secretary of the Solutions Alliance. -2- 1~,5 Subdivision 3. Directors shall serve without compensation from the Solutions Alliance. A Governmental Unit may provide compensation for a Director it appoints to the Board. Subdivision 4. Each Director shall have one vote. All votes must be cast by Directors or Alternates in attendance at a Board Meeting. Voting by proxy is not permitted. An Alternate may vote only in the absence of a Director of the same Member. Subdivision 5. A quorum shall consist of a majority of the Directors, including Alternates that are in attendance on behalf of absent Directors. Subdivision 6. A vacancy on the Board shall be filled for the remainder of the term by the Governing Body that made the appointment. Subdivision 7. The Board may create and appoint members to such committees as it determines necessary. Committee members, other than the chair of a committee, need not be a Director. 6. Ex-Officio Members. The Minnesota Department of Transportation, Metropolitan Council,,, 494 Corridor Commission, the Minnesota Valley Transit Authority, and State Representatives, State Senators and Metropolitan Council Members whose districts include part or all of a Governmental Unit shall be Ex-Officio Members. The Solutions Alliance Board may designate additional Ex-Officio Members. Ex-Officio Members may participate in discussions of the Solutions Alliance Board but may not vote. The Solutions Alliance may establish such further rules for Ex-Officio Members as it deems fit and proper that are not inconsistent with this agreement. 7. Powers and Duties of the Solution Alliance. The powers and duties of the Solutions Alliance shall include the power or duty to: -3- ,~~~ Subdivision 1. Prepare and adopt a plan and seek passage of legislation by local, state and federal governments to enhance the movement of people and goods and relieve congestion in the I-35W corridor. Subdivision 2. Cooperate with the Minnesota Department of Transportation and participate in preparation of environmental impact analyses of I-35W improvements, including preliminary geometric design and evaluation ofhigh-occupancy vehicle lanes and transit on I-35 W. Subdivision 3. Research and recommend funding strategies to enhance the movement of people and good and relieve congestion in the I-35W corridor. Subdivision 4. Research and recommend funding strategies and seek legislation to improve traffic to relieve congestion, to create alternatives to traveling on I-35W, and to increase and improve the transportation of people and goods in the I-35W corridor. Subdivision 5. Research travel demand management strategies and ordinances, develop model ordinances and recommend joint action on such strategies and ordinances by the Members. Subdivision 6. Research and make recommendations to the Members regarding other matters related to the Solutions Alliance's purpose. Subdivision 7. Cooperate with the Minnesota Department of Transportation and the Metropolitan Council in the development of transit operation plans that impact I-35W. Subdivision 8. To monitor land use development, traffic volumes and travel characteristics in the I-35W corridor. Subdivision 9. Educate members and others on transportation issues regarding the movement of people and goods in the I-35W corridor. -4- 1 g-~ Subdivision 10. Consult with persons knowledgeable in transportation, such as research organizations, educational institutions, other political subdivisions, regulatory organizations, technical experts and any other persons who can provide pertinent information. Subdivision 11. Serve as a regional forum and cooperate or contract with the State of Minnesota or any subdivision thereof, the Metropolitan Council, or federal agency or private or public organization to accomplish the purposes for which The I-35W Solutions Alliance is organized. Subdivision 12. Contract for or purchase such insurance as the Board deems necessary for the protection of the Solutions Alliance. Subdivision 13. Accumulate reserve funds for the purposes herein mentioned and invest funds of the Solutions Alliance not currently needed for its operations. Subdivision 14. Collect money, subject to the provisions of this Agreement, from its Members and from any other source approved by a majority of its Board. Subdivision 15. Make contracts, employ consultants, incur expenses and make expenditures necessary and incidental to the effectuation of its purposes and powers. Contracts in excess of $5,000 must be approved by at least one director from four (4) Members in addition to a majority of directors voting on the contract. Contracts let and purchases made by the Solutions Alliance shall conform to the bid and contracting requirements and policies of Dakota County. Subdivision 16. Recommend changes in this Agreement to its Members. This Agreement maybe amended by written agreement of all of the Governmental Units. The Effective Date of the Amendment shall be as provided in Section 13 of this Agreement. -s- ~B B Subdivision 17. Exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein. Subdivision 18. Cause to be made an annual audit of the books and accounts of the Solutions Alliance and to make and file a financial report to its Members at least once each year. Subdivision 19. Keep books and records of The I-35W Solutions Alliance in accordance with Minn. Stat. Ch. 13D at the Administrative Center of the member designated by the Board as the repository for them subject to agreement by the member to serve as the repository. 8. Meetings. Subdivision 1. The Board shall determine the time and place of regular meetings of the Board of Directors and shall hold such meetings as frequently as it determines necessary to carry out the purposes of the Solutions Alliance. At least three days written notice of Board meetings shall be provided to all Members. Subdivision 2. Special meetings of the Board may be called by the Chair or upon written request of a majority of the Directors. Five days written notice of a special meeting shall be given to the Directors and Ex-Officio Members, unless waived in writing by each Director. Subdivision 3. Meetings of the Board and Committees shall be open to the public as required by the Open Meeting Law, Minnesota Statutes Chapter 13D. 9. Officers. Subdivision 1. Number, election, qualifications -The officers of the Board shall consist of a Chair, Vice-Chair, Secretary and Treasurer. Each officer shall be elected annually by the Board and shall hold office until their successor takes office, earlier disqualification, death, resignation, or termination of appointment as a Director. All officers must be Directors. No two officers may be from the same Member. -6- 1B 5 Subdivision 2. Chair; Vice-Chair -The Chair shall preside at all meetings of the Board and shall perform all duties incident to the office of Chair, and such other duties as may be delegated by the Board. The Vice-Chair shall act as Chair in the absence of the Chair. Subdivision 3. Secretary -The Secretary shall be responsible for keeping a record of all the proceedings of the Solutions Alliance. The Secretary may designate a person or persons to assist the Secretary in performance of their duties. The Secretary shall send written notice of meetings and material pertaining to agenda items to each Director and Ex-Officio Members. Subdivision 4. Treasurer -The Treasurer shall have custody of the Solutions Alliance's funds, shall collect its annual dues, pay its bills, shall keep its financial records, and generally conduct the financial affairs of the Solutions Alliance. The Treasurer shall be responsible for such other matters as shall be delegated by the Board. Subdivision 5. Other Officers -The Board may appoint other officers as it deems necessary. 10. Finances. Subdivision 1. The Solutions Alliance funds may be expended by the Board in accordance with this Agreement and in a manner determined by the Board. The Board may designate one or more national or state bank or trust companies authorized to receive deposits of public monies to act as depositories for the Solutions Alliance funds. It may contract with a Member to provide services and assistance regarding its funds. The Solutions Alliance shall designate up to four (4) Directors who shall be authorized to sign instruments. In no event shall there be a disbursement of Solutions Alliance funds without the signature of at least two of the designated authorized signatories. -7- ~~-~~ Subdivision 2. Each Member agrees to contribute annual dues to a general fund of the Solutions Alliance, said fund to be used for general administration purposes including, but not limited to: contracts for services and goods, salaries, supplies, carrying out the purpose of this Agreement, insurance and bonds. The annual dues to be contributed by each Member shall be determined in accordance with a funding formula approved by the Board, and shall be paid by March 1 of each year. Subdivision 3. On or before July 1 of each year, the Board shall adopt a general administrative budget for the ensuing year and decide upon the total amount necessary for the general Fund. The Treasurer of the Board shall certify the budget on or before July 1 to the clerk of each Member Governmental Unit, together with a statement of the proportion of the budget to be contributed by each Member as annual dues. Subdivision 4. Any Member may withdraw from the Solutions Alliance by giving notice to the Chair of the Solutions Alliance of such action by the Member's Governing Body prior to August 1. Any Member withdrawing under this provision shall have no further liability or obligation to the Solutions Alliance except for payment of its annual dues for the year in which it withdraws, and shall not be entitled to any refund from the Solutions Alliance. The withdrawal shall be effective on December 31 of the year of withdrawal, unless an earlier date is specified by the withdrawing Member. Subdivision 5. Any Member that has withdrawn from the Solutions Alliance, may, with the approval of the Board continue as an Ex-Officio Member without further financial contribution to the Solutions Alliance. 11. Miscellaneous. -8- .~~, ~~ Subdivision 1. Any Member may conduct separate or concurrent studies on any matter under study by the Solutions Alliance. 12. Duration. Subdivision 1. Each Member agrees to be bound by the terms of this Agreement until December 31, 2020. This Agreement may be continued thereafter upon the written agreement of all the Members. Subdivision 2. This Agreement may be terminated prior to December 31, 2020, by the written agreement of 3/4 of the Members. Subdivision 3. In addition to termination under Subdivision 2, above, any Member may petition the Board to dissolve the Solutions Alliance. Upon 30 days' notice in writing to the clerk of each Member, the Board shall hold a meeting and upon affirmative vote by 3/4 of all eligible votes of then existing Directors, the Board may pass a resolution recommending that the Solutions Alliance be dissolved. If such a resolution is passed by the Board, the resolution shall be submitted to each Member and if ratified by 3/4 of the Governing Bodies of all Members within 60 days of the date the Board passed the resolution, the Board shall dissolve the Solutions Alliance after completing work in progress and disposing of all property owned by the Solutions Alliance. 13. Dissolution. Upon dissolution of the Solutions Alliance, all property of the Solutions Alliance shall be sold and the proceeds thereof, together with monies on hand, shall be distributed to the Members of the Solutions Alliance. Such distribution of Solutions Alliance assets to the Members shall be made in proportion to the annual dues each contributed to the Solutions Alliance as required by the last annual budget. The Chair shall notify all Members of -9- ~~/~~ the Solutions Alliance when the dissolution process and distribution of property has been completed, and at that time the Solution Alliance shall be dissolved 14. Effective Date. This Amended and Restated Joint Powers Agreement shall be effective December 31, 2010, after all Members file a certified copy of a resolution approving the Amendment and upon the execution of this Agreement by all Members. All Members need not sign the same copy. Each Member shall file the resolution and signed Agreement with the City Manager of the City of Burnsville, who shall notify the Members in writing when all Members have done so. IN WITNESS WHEREOF, the undersigned Governmental Units, by action of their Governing Bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute §471.59. -10- ~l g--~ CITY OF BLOOMINGTON BY: Attest CITY OF BURNSVILLE BY: Attest CITY OF ELKO NEW MARKET BY: Attest CITY OF LAKEVILLE BY: Attest CITY OF MINNEAPOLIS BY: Attest CITY OF RICHFIELD BY: Attest CITY OF SAVAGE BY: _ Attest DAKOTA COUNTY BY: Attest HENNEPIN COUNTY REGIONAL RAIL, AUTHORITY Approved by the City Council on 2010 Approved by the City Council on 2010 Approved by the City Council on 2010 Approved by the City Council on 2010 Approved by the City Council on 2010 Approved by the City Council on 2010 Approved by the City Council on 2010 Approved by the Dakota County Board 2010 Approved by the Hennepin County Board BY: Attest , 2010 ~~,,,~ SCOTT COUNTY BY: Attest Approved by Scott County Board 2010 ~g,~5 THE I-35W SOLUTIONS ALLIANCE DUES POLICY WHEREAS: 1. Although The I-35W Solutions Alliance has not previously adopted an explicit statement of the population categories for assessing dues, the dues paid by members have been based upon the population of the member; and 2. As the population of members changes, it is desirable to have an explicit policy for assessing dues. THEREFORE, BE IT RESOLVED that the Board adopts the following policy: There shall be three categories of dues based upon the following population bands: Population Dues Category 19,999 or less $2,000 20,000 to 59,999 $3,000 60,000 and above $6,000 Adopted by the Board of Directors on August 12, 2010. THE I-35W SOLUTIONS ALLIANCE BY Chair By /~~ Secretary .~ g,I~ ii E S~ILJrI`IUNS Member Member Counties: Cities: Dakota Bloomington Hennepin Burnsville Scott Lakeville Minneapolis Richfield Savage The I-35W Solutions Alliance was established in 1989 by a Joint Powers Agreement among the cities of Burnsville, Bloomington, Lakeville, Richfield, Apple Valley, Minneapolis and Savage, Dakota County and Hennepin County. Scott County later joined the Alliance. Leadership Burnsville mayor Dan McElroy provided the creative vision and was the guiding force in creation of The I-35W Solutions Alliance, serving as the chair until he was elected to the House of Representatives in 1994. Dakota Commissioner Michael Turner became the second chair in January 1995 and served with distinction until his retirement at the end of 2008. Richfield city council member Suzanne Sandahl was elected chair in January 2009. Mission To support increasing the capacity of the I-35W corridor to move people and goods safely through improvements to transit and highways. History of Accomplishments 1995 - 2000 • Initiated and promulgated the concept of balanced funding for roads and transit. • Continued support for adequate funding for mass transit. • Supported a dedicated source of non-property tax funding for transit. • Continued support and monitoring of funding for local bridges. • Supported funding to build the mega-projects, particularly the rebuilding of I-35W. • Organized a transportation summit in 1996 and presented the white paper "A Critical Need: Funding for Minnesota Highways and Transit," which proposed funding alternatives including a gas tax and a dedicated transportation fund in the metro area supported by a sales tax. • In 1997 served as the honest broker to bring together competing highway and transit advocates (25 organizations) to find common ground and form a united front for funding. • Spearheaded cooperation between various other organizations promoting transportation interests such as Minnesota Chamber, Minneapolis Chamber, Bloomington Chamber, Transportation Alliance, Associated General Contractors and Highway Construction Industry Council. • Supported constitutional amendment dedicating a portion of the MVST to multi-modal transportation fund leading to passage in 2006. g~~~ 1 • Supported light rail transit in the Hiawatha corridor. • Contractually included St. Louis Park and Edina in managing feasibility study of commuter rail on the Dan Patch line. • Supported expansion of additional lanes, busways and other measures to improve traffic flow in the I-35W corridor. • Monitored and supported construction of express lanes from 46t" Street to I-94 on I-35W. • Supported transit and HOV improvements to I-494. • Worked with Metropolitan Council, MnDOT and municipalities to ensure proper siting and construction of transit stations along I-35W. • Supported development of and connection among the Hiawatha Corridor and the Cedar Avenue Transitway. • Supported funding to build HOV lanes, HOV bypass ramps and metered access along I-35W from Lakeville to I-94 for both north and south bound traffic. • Supported high speed bus service along I-35W and transit stations at 46t", 66t"~ 82"a, 98tH and Lake Streets. • Opposed reduction in tab fees and the loss of $150 million in trunk highway funds. • Organized and participated in coalition of transit and highway advocates to include $144 million for transportation and transit in the 1998 Transportation and Public Safety Finance and Capital Bonding bills, providing the first significant new money for roads and bridges in 10 years and authorizing building the first light rail line in Minnesota. • Supported increased transit and highway capacity in the Hiawatha/Cedar Avenue corridor to relieve congestion and improve traffic flow on I-35W. • Sought funding to rebuild the I-35W and I-494 interchange. • Supported construction of a new bridge over I-35W at Hwy 70 in Lakeville. • Supported traffic flow improvements in Hwy 169 corridor to relieve congestion on I-35W. • Opposed development of personal rapid transit along I-35W. 2001- 2002 • Supported funding to build HOV lanes and bypass ramps on CR 60 and CR 70 and Hwy 35 in Lakeville and north to Hwy 13. • Worked to eliminate lights and crossings on Hwy 169 between I-494 and Minnesota River. • Supported reconstruction of Hwy 13 between Hwy 169 and I-35W. • Supported funding for and reconstruction of the I-35W/Hwy 62 Crosstown commons and provided a venue to resolve issues among members, MnDOT and the Metropolitan Council. • Participated in the Metropolitan Council's Transportation Demand Management organization. • Supported change in law to temporarily allow use of highway trust funds for transit to alleviate congestion during reconstruction of a major project. • Supported 5 cent gas tax increase dedicated to the highway user trust fund. • Supported funding to build HOV lanes on I-35W between CR 70 and Hwy 13. • Supported high-speed bus service on I-35W beginning at CR 46 in Dakota County to downtown Minneapolis. 2 ~~-~~ • Supported construction of a new bridge over CR 60 at I-35W. • Created website intended to be the portal for questions about transportation issues. • Worked with other organizations to determine if TDM and congestion pricing would help alleviate congestion in the I-35W corridor. • Co-sponsored `Summit on Congestion' in cooperation with the 494 Commission and other organizations. • Updated, revised and distributed the 1996 White Paper entitled "A Critical Need: Funding for Minnesota Highways and Transit." • Began hosting transportation forums in election years for all legislative candidates within the I-35W catchment area. 2003 - 2004 • Monitored Lake Street project in Minneapolis including I-35W north of 46"' Street. • Supported Cedar Avenue busway from Mall of America to Apple Valley and Lakeville. • Supported and monitored completion of the BRT study on I-35W from Lakeville to downtown Minneapolis, and facilitated planning and implementation of BRT in this corridor. • Continued coalition building by working with the Itasca Group and Senator Murphy's Working Groups to promote transportation issues. • Advocated for gas tax, tab fee and sales tax increases to fund transportation. 2005 - 2006 • Supported passage of $1 billion transportation funding bill that was vetoed. • Participated in coalition Minnesotans for Better Roads and Transit. • Advocated and supported $350 million reconstruction of the I-35W and Hwy 62 commons area and related improvements. 2007 - 2010 • Promoted, facilitated and monitored Urban Partnership Agreement (UPA). • Monitored activities and funding associated with the I-35W bridge collapse. • Supported override of Governor's veto and passage of Ch. 152 that authorized new revenues to meet transportation needs including increases in gas tax and tab fees, wheelage tax, metro area sales tax, bonding, and change in CSAH formula, the most significant transportation finance bill in 20 years. • Supported concomitant expansion of services and the Transit Taxing District. • Supported dedicated transit lanes and construction of BRT stations on I-35W as part of UPA. • Supported addition of a lane for BRT on Hwy 62 from Hwy 77 to Portland Ave. • Supported funding for the planning and construction of a new interchange at 118t" Street to replace the Cliff and Blackdog Road interchanges. • Supported the addition of two lanes on I-35W from Burnsville Parkway south to Hwy 70. • Supported a transit station and park and ride lot with capacity for at least 450 vehicles on I-35W between Hwys 46 and 50. 3 '1~'~~ • Supported congestion mitigation projects that improve traffic flow and can be accomplished without legislation using funds appropriated to MnDOT for such purposes. • Recognized for its role in organizing local government officials along I-35W to support selection of I-35W for funding under the Urban Partnership Agreement. • Recognized that the strength of The I-35W Solutions Alliance was a factor in selecting the corridor for UPA funding. • Supported legislation approving Minnesota's financial commitment to funding the UPA. • The I-35W Solutions Alliance was recognized in the national evaluation of the Minnesota Urban Partnership Agreement as having played a critical role in the process of gaining consensus on an application and obtaining support from the legislature and governor. 4 AGENDA SECTION: ~nnaant AGENDA ITEM # REPORT # i ti n ~~~ STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 14, 2010 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER r~IAaAC TITIC DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a site plan amendment at 6315 Penn Avenue to allow retail furniture sales. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution for a site plan amendment at 6315 Penn Avenue. II. BACKGROUND On July 13, 2010 the owners of 6315 Penn Avenue and the City agreed to terms related to the use of 6315 Penn Avenue for a furniture store. A copy of this agreement is attached. Per this agreement, the applicant is required to submit an application for site plan approval. The City has agreed to allow the proposed furniture store with only 10 parking stalls. Parking cannot be considered as part of the site plan approval process. All other requirements related to site plan approval are to be considered. III. BASIS OF RECOMMENDATION A. POLICY • A major site plan amendment requires a public hearing before the Planning Commission and final approval by the Council. o The Planning Commission expressed frustration over the manner in which this application has been considered. 091410 - 6315 Penn Site Plan • General building and performance standards for the MU-C District cannot be met on the existing site. Subsection 509.25, Subd. 6 of the Zoning Code allows for alternative landscaping, screening and other site improvements, where, due to existing structure placement, lot dimensions, parking requirements or other improvements, it is not possible to provide what is required. The alternative plan must comply with the purpose and intent of City standards. o The existing conditions and proposed plan include 166 feet of landscape area in front of the building. The applicant proposes to landscape this area in accordance with the attached plan. There will be no change in impervious surface. o The proposed plan adds two parallel parking stalls behind the building, in accordance with the settlement agreemenf. These stalls are to be striped and signed for employee use. Employees may not use the parking stalls in front of the building. o Parking is not compliant with Code requirements. The approved settlement agreement allows the City to require that the applicant make all reasonable efforts to arrange for shared parking with neighboring properties if the lack of on-site parking causes traffic or site- management problems. o The City's Planning Application requires that screening plans for mechanical equipment and dumpsters be provided. The applicants' plans do not indicate that there will be outdoor trash; however, at the Planning Commission the applicant stated that storing the trash inside was not possible. The Planning Commission recommended that outdoor trash be allowed provided that the screening requirements of the Code are met. To date, staff has not received a plan indicating either the placement or design of the outdoor trash enclosure. Staff will administratively review the proposal once submitted. o The Penn Avenue Design Guidelines require parking to be screened from Penn Avenue. Based on these guidelines, the applicant is required to install a 30" to 36" high fence, wall or solid hedge on the west side of the lot. The fence can be wrought iron or painted wood; a wall must.be masonry, similar to the building. The final design, length and placement of the fence shall be reviewed administratively by staff. o The proposed plan does not show the fence on the south side of the front parking lot. This fence is in poor condition and should be repaired, replaced or removed. The applicant indicated to the Planning Commission that she would repair the fence. • In evaluating a site plan, the Planning Commission and Council shall consider its compliance with the following: o Consistency with the various elements and objectives of the City's long range plans, including, but not limited to, the Comprehensive Plan. Retail use is consistent with the Penn Avenue Corridor Master Plan and the Comprehensive Plan. Every effort should be made to comply with Performance Standards and Design Guidelines. o Consistency with the purposes of the Zoning Code. o Preservation of the site in its natural state, insofar as practicable. N/A o Creation of a harmonious relationship of buildings and open spaces with the terrain and with existing and future buildings having a visual relationship to the proposed development. The Penn Avenue Master Plan, Design Guidelines and the new Penn Avenue Streetscape Improvement Grants all strive to improve the aesthetics, functionality and walkability of this area. The requirement for this property to comply with those standards is important to the integrity of these plans and a matter of consistency with requirements made for neighboring properties (e.g. Mother Duck Learning Center)... o Creation of a functional and harmonious design for structures and site features including: ^ Creation of an internal sense of order for the various functions and buildings on the site and provision of a desirable environment for occupants, visitors and the general community; ^ Appropriateness of the amount and arrangement of open space and landscaping to the design and function of the development; ^ Appropriateness of the materials, textures, colors and details of construction as an expression of the design concept of the project and the compatibility of the same with the adjacent and neighboring structures and functions; and ^ Adequacy of vehicular, cycling and pedestrian circulation, including walkways, interior drives and parking, in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian, cycling and vehicular traffic and arrangement and amount of parking so as to be safe, convenient and, insofar as practicable, compatible with the design of proposed buildings, structures and neighboring properties. o Creation of an energy-conserving design through design location, orientation and elevation of structures, the use and location of glass in structures, and the use of landscape materials and site grading. N/A o Protection of adjacent and neighboring properties through reasonable provisions for such matters as surface water drainage, sound and sight buffers, preservation of views, light and air, and those aspects of design, not adequately covered by other regulations, which may have substantial effects on neighboring land uses. B. CRITICAL TIMING ISSUES • The approved settlement agreement allowed the applicant to lease the space prior to site plan approval. • 60-DAY RULE: The 60-day clock `started' when a complete application was received on July 29, 2010. A decision is required by September 27, 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 processing fee has been paid. D. LEGAL • A public hearing was held before the Planning Commission on August 23, 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. • The Planning Commission recommended approval of the proposed amendment (6-1, Jabs dissenting). E. ENVIRONMENTAL CONSIDERATIONS • There will be no change in the amount of impervious surface on site. • No changes related to environmental considerations are proposed. IV. ALTERNATIVE RECOMMENDATION(S~ • Recommend approval of the proposed site plan with additional stipulations. • Recommend denial of the proposed site plan with a finding that the proposal does not meet the intent and/or requirements of the Zoning Code. V. ATTACHMENTS • Resolution • Settlement Agreement • Site Plan, Landscape Plan, Elevations/Lighting Plan • Planning & Zoning Maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Lisa Christianson, owner RESOLUTION NO. C~\ RESOLUTION GRANTING APPROVAL OF A SITE PLAN AMENDMENT FOR 6315 PENN AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of site plan for the parcel of land located at 6315 Penn Avenue, legally described as: Lots 20-21, Block 12, RAYS LYNNHURST ADDITION, Hennepin County, Minnesota ~ ' WHEREAS, the requested site plan amendment has been reviewed by the City Council and meets City requirements; and WHEREAS, the proposed site plan will adequately serve the purpose for which it is proposed and will not have an adverse effect upon the public safety or general welfare; and WHEREAS, the City has fully considered the request for approval for the site plan amendment; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. That the proposed site plan, including 10 parking stalls in accordance with a settlement agreement dated July 13, 2010, is hereby approved. 2. This approval is valid only for the proposed furniture store only. Any subsequent retail use or any other use requires a new site plan approval. 3. All parking spaces must be striped in accordance with City standards. 4. All parking spaces must be accessible year round. 5. Employees may not park in the eight parking stalls on the west side of the building (Penn Avenue). 6. If traffic orsite-management problems occur due to the reduced on-site parking, the owners are required to make all reasonable efforts to arrange for shared parking with neighboring properties. 7. Final landscaping and lighting plans must be approved by the Community Development Department and must include a 30" to 36" high fence, wall or solid hedge to screen parked cars on the west side of the building (Penn Avenue). -Final design, length and location of screening to be determined and processed administratively by Community Development staff. 8. The existing fence along the south side of the front parking lot must be repaired, replaced or removed. 9. All landscaping, including fences, must be continuously maintained and not be unsightly in appearance or in a state of disrepair. 10.Outdoor trash shall be permitted provided it complies with screening and other Code requirements. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of September 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 091410 - 6315 Penn Site Plan ORIGINAL ~~~ THIS AGREEMENT is made as of July 13, 2010 by and between Reed R. Christianson and Lisa Christianson, husband and wife ("Owners"), and City of Richfield, a Minnesota municipal corporation ("City"). Recitals A. Owners are the fee owners of the property at 6315 Penn Avenue South in the-City of Richfield, Hennepin County, Minnesota, legally described as Lots 20 and 21, Block 12, Rays Lynnhurst Addition (the "Property"). B. The Property has been zoned for Mixed Use Commercial since 2007. For all relevant times prior to 2007, the Property was zoned C-2 General Commercial. C. At all times relevant to this Agreement, the Property has been improved with a building of approximately 11,360 square feet and a parking area that includes eight parking spaces in the front of the building, with room for two additional spaces in the rear of the building. D. The Property has an approved parking permit from 1961 for eight parking spaces in conjunction with a rehabilitation center use. From approximately 1968 until 2004 the Property was occupied by a retail furniture/appliance store, but the City has no record of any approved parking permit for that use. E. Since 2004, the Property has been occupied by an art gallery and restoration business and is now vacant. The Owners desire to lease the Property for use as a furniture store. It is not possible to create additional parking spaces on the Property without removing all or a portion of the existing building. F. The Property does not satisfy the parking requirements under the current zoning ordinance for a furniture store use. There is a dispute between the parties as to whether the City is legally required to allow a furniture store use on the Property with only ten parking spaces. G. The parties desire to settle and compromise the dispute according to the terms of this Agreement. Terms 1. The City shall allow the Property to be used for a furniture store, effective immediately upon the execution of this Agreement by all parties. Upon execution of this Agreement, City staff may accept and process sign permit applications for the Property. The use of the Property as a furniture store will not be considered a change in use for purposes of administration of accessibility requirements under the state building code. 371592v4 CAH RC164-5 ~c ~ 2. Owners agree to promptly submit an application for site plan approval to the City, in accordance with City ordinances. The site plan application may show eight parking spaces in front of the building and two spaces in the rear of the building.. The City waives the requirement for a parking study. The Owners agree that the City may condition approval of the site plan on the use of the Property as a furniture store. The City may also impose other reasonable requirements to mitigate adverse effects of the reduced parking, including (a) a requirement that the Owners make all reasonable efforts to arrange for shared parking with neighboring properties if the lack of on-site parking on the Property causes traffic or side-management problems; and (b) a requirement that stare employees not be allowed to park in the front eight spaces. 3. Owners agree that they are duly on notice of the City's requirement for site plan approval for any change in use of the Property that results in an increasing intensity of use. In addition, Owners acknowledge that if the Property ceases to be used as a furniture store for any period of 12 or more consecutive months; then: (a) any subsequent proposal to use the Property as a furniture store will require a new site plan approval in accordance with all applicable ordinances at the time; (b) the past use of the Property as a furniture store will be a relevant fact that maybe considered along with other relevant facts, but that fact alone will not entitle the applicants to site plan approval of only ten parking spaces for a future furniture stare use. 371592v4 CAH RC160-5 2 CITY OF RICHFIELD 6301 PENN AVE w z w Q z z w Base map-6315.dgn 8/9!2010 1:48:02 PM w <t C1 ~- ' SITE PLAN SCALE '/16" .:'O' ' AUGUST q 2010 i`+ trf k4"~c yY~ ~ ~~"~~ ,, ;.; ~~ ..].~ I'h ~j Y~K •,~ ~-!c~•,c.L~ ~~~ ;~~M~ ;;r,~' .u ~' S~bu M (~ y~~~~• ~ _~ . ~r1~,vU~~y >>c~ ;' ..~'.~+`~ ~_ 41ST; ;`+ut~1tYV1 ~J111C~ ~bfi~{}1~~ I ~0lmckttti~ A~borv~kc~~, i1~ .lwkumn boy :.xr~uw: 12 i~Y1 ~uev~-cr F~faS°, ,~~c,,r..,k, r~ Val e + ~ e l 1G •,r~,~~L.ii~~ ~bc:rlrcMeNT~~ ~acZ~s~ +~1 ~. 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ELEVATION (WES") 6315 PENN AVENUE SOUTH RICHFIELD, MINNESOTA 07-27-10 ~~~ Elevationb3l5dgn'/27'iCIC 5:19:U PM ~^ 6315 Penn Ave .~~,~ Site Plan Amendment 08/10 Comprehensive Plan Designations MIXED LDR "'S~ MIXED MIXED LDR 63RD ST MIXED MIXED LDR LDR MIXED MIXED LDR LDR MIXED MIXED LDR LDR LDR LDR Q Z Z MIXED MIXED Q ~ j LDR LDR I ~ MIXED MIXED J O LDR MIXED MIXED LDR MIXED MIXED MIXED LD MIXED MIXED MIXED LDR MIXED MIXED LDR MIXED N LEGEND MIXED -Mixed Use LDR -Low-Density Residential 0 45 90 180 270 360 Feet I:\GIS\Community Development\StafflMelissa\Projects\Zoning Cases\6315 Penn - CP.mxd 6315 Penn Ave ~C Site Plan Amendment 08/10 Surrounding Zoning MU- MU-C/P R ~ so MU-C/PAC MU-C/PAC R 63RD ST MU-C/PAC MU-C/PAC R R MU-C/PAC R R' R MU C/PAC R R R - R ~ R R Q Z Z MU-C/PAC W R d MU-C/PAC R ~ J O R R MU-C/PAC R R MU-C/PAC R MU-C/PAC R MU-C/PAC MU-C/PAC R R MU-C/PAC MU-C/PAC R MU-C/PAC N LEGEND MU-C /PAC -Mixed Use Community & Penn Ave Overlay R -Single Family Residential 0 45 90 180 270 360 Feet I:\GIS\Community Development\StafflMelissa\Projects\Zoning Cases\6315 Penn - Zoning.mxd AGENDA SECTION: ('.nnGPnt AGENDA ITEM # ~ n REPORT # 1 ti 1 J STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 14~ 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRIS REGIS, FINANCE MANAGER r,..,~. ~,m, ~. ITEM FOR COUNCIL CONSIDERATION: Consideration of a reimbursement resolution for costs related to condemnation awards for the Lyndale Avenue Bridge and 66th Street & Portland Avenue improvement projects. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution declaring official intent of the City to reimburse certain expenditures from the proceeds of bonds to be issued by the Citv. ~ II. BACKGROUND ~ As part of the Lyndale Avenue Bridge Project, the City acquired property through quick take condemnation. However, the affected property owners contested the quick take awards and claimed damages were incurred that were greater than the awards paid. The affected property owners were the Ramada Hotel and CSM Properties. Consequently, the City was obligated to enter into condemnation hearings with the respective,property owners. The outcome of the hearings resulted in significant awards to the two affected property owners. At the same time, as part of the 66th Street & Portland Avenue intersection project, the City again acquired property through quick take condemnation. However, one property owner that was affected by the project, contested the quick take award. Consequently, the. City entered into condemnation hearings with the affected property owner (Sinclair Marketing). The outcome of the hearing resulted in a small settlement for the affected property owner. However, the property owner has appealed the settlement amount and the issue is now proceeding to a jury trial. 0914Reimbursement Resolution Condemnation Awards Accordingly, a portion of the settled condemnation awards has been funded with available project revenues, however, these revenues are limited and an alternate source of funding will be necessary. The use of Municipal State Aid (MSA) General Obligation bonds will be the recommended alternative to satisfy the balance of the awards owed. J The level of unfunded awards to be funded by the MSA bonds is estimated to be $1,030,000. However, this amount does not include any,additional awards that may occur as a result of the jury trial that involves Sinclair Marketing. III. BASIS OF RECOMMENDATION OLICY • N/A B. ~ CRITICAL TIMING ISSUES _ The reimbursement resolution makes improvement costs from the projects eligible for reimbursement from the proceeds of the General Obligation Municipal State Aid bonds. C. FINANCIAL • The condemnation commissioners awarded the Ramada Hotel $1,350,000, plus attorney costs of $285,000, and reasonable costs and expenses of $42,485.00 • CSM was awarded a flat settlement of $1,312,500.00. • Sinclair Marketing was awarded $180,000, which they have appealed and the case is now proceeding to jury trial. • Payments on the awards for both projects utilizing available project revenues total approximately $2,256,660.00 • The principal portion of the MSA bonds will be financed by the City MSA construction allocation, and the interest portion of the bonds will be financed by the City MSA maintenance allocation. D. LEGAL • The resolution has been reviewed by the City Attorney. E. ENVIRONMENTAL CONSIDERATIONS • N/A ~ IV. ALTERNATIVE RECOMMENDATION(S) ~ • Delaying approval of the resolution will limit the City's ability to use bond proceeds towards condemnation settlement amounts. I V . ATTACHMENTS VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None Anticipated. RESOLUTION 1~~I DECLARING THE OFFICIAL INTENT OF THE CITY OF RICHFIELD TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS,. the Internal Revenue Service has issued Treas. Reg. § 1.150-2 (the "Reimbursement Regulations") providing that .proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City of Richfield expects to incur certain expenditures that may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of tax-exempt bonds; WHEREAS, the City has determined to make this declaration of official intent ("Declaration") to reimburse certain costs from proceeds of bonds in accordance with the Reimbursement Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD AS FOLLOWS: 1. The City acquired certain property by condemnation for the Lyndale Avenue Bridge improvement project and the 66th and Portland Avenue improvement project. The City entered into a settlement agreement with regard to the condemnation of property related to the 'Lyndale Avenue Bridge improvement project. The City also anticipates paying certain costs of condemnation related to the 66th and Portland Avenue improvement project within the City (either pursuant to an award or a negotiated settlement). These payments to<.be made by the City in order to obtain clean title to the properties improved for such street improvement projects are collectively referred to herein as the "Project". 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Project from the proceeds of bonds in an estimated maximum principal amount of $1,030,000. All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Reimbursement Regulations. 3. This Declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or (c) "preliminary expenditures" up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that finance or are reasonably expected by the City to finance the project for which the preliminary expenditures were incurred. The term "preliminary expenditures" includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction or ~~~~ rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction. 4. This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof. The anticipated original expenditures for the Project and the principal amount of the bonds described in paragraph 2 are consistent with the City's budgetary and financial circumstances. No sources other than proceeds of bonds to be issued by the City are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside pursuant to the City's budget or financial policies to pay such Project expenditures. 5. .This Declaration is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. The foregoing resolution was moved by Councilmember by Councilmember The following voted in the affirmative: The following voted against: Councilmember was absent. Adopted by the City Council this 14th-day of September, 2010. ATTEST: and seconded Debbie Goettel, Mayor Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # 7 F REPORT # 162 STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 14, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: NAME, ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution declaring costs to be assessed for unpaid false alarm user fees against private property. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution declaring costs to be assessed and ordering the preparation of the proposed assessment roll for unpaid false alarm user fees against private property and setting the public hearing date for October 12, 2010. II. BACKGROUND • Alarm users fees must be paid to the City within 30 days from the date of written notice by the City to the alarm user. Fees not paid within the time specified will be subject to a 10% penalty charge. • The special assessment for unpaid false alarm user fees from private properties is to recover costs incurred by the City in connection with the response by public safety to an alarm call on certain properties in the City that turns out to be false. III. BASIS OF RECOMMENDATION A. POLICY • Richfield City Code section 915.07 Subd. 3 and chapter 8.02 of the City Charter allows the City to specially assess delinquent false alarm user fees against the respective properties. • Minnesota State Statutes provide that the City may levy a special one- yearassessment for these .costs. 0914Fafse Alarm Fee Sp Asmt Declare Costs CHRIS REGIS, FINANCE MANAGER Notice of the certification will be published in the Sun Current September 29, 2010. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL A 1 p% penalty charge is applied to all properties which have not paid within the time specified. , The proposed special assessment for unpaid false alarm user fees from private property is $440.00 with an additional 6% interest charge on the assessment. The affected property owner may prepay the original principal amount without interest within 30 days from the date the Council adopts the assessment, scheduled for October 12, 2010. If the original principal amount is not paid, the assessment will be charged 6% interest. D. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Do not approve the attached resolutions and have the costs absorbed by the City. V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING None. RESOLUTION NO. 1 ~' I RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR UNPAID FALSE ALARM FEES FROM PROVATE PROPERTY. WHEREAS, costs have been determined for unpaid false alarm fees from private properties in the City of Richfield in the amount of $440.00. Unpaid False Property Address Property ID Number Alarm Fee 7034 CEDAR AVENUE SOUTH 35-028-24-11-0010 110.00 900 78TH STREET WEST 33-028-24-44-0232 330.00 Total $440.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The total cost to be assessed against benefited property owners is declared to be $440.00. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for costs incurred against each benefited property, and shall file a copy of such proposed assessment in her office for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 4. A hearing shall be held on the 12th day of October, 2010 in the City Hall Council Chambers at 7:00 p.m., or as soon as hereafter as it may be reached on the agenda, to pass upon such proposed assessment and at such time and place all persons owning property affected by the unpaid false alarm fee assessment will be given an opportunity to be heard in reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment at least two weeks prior to the hearing and shall state in the notice the total cost of the unpaid false alarm fees. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted by the City Council of the City of Richfield this 14th day of September, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # ] F REPORT # 163 J STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 14, 2010 REPORT PREPARED BY: DERICK ANDERSON, CIVII, ENGINEER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution directing the preparation of the assessment roll for the 2010 Concrete Alley Paving Project. I. RECOMMENDED ACTION: By Motion: 1. Adopt the attached resolution directing the preparation of the assessment roll for the 2010 Concrete Alley Paving Project. 2. Schedule a public hearing for October 12, 2010. II. BACKGROUND The City Council has taken steps to complete the paving of five (5) alleys adjacent to I- 35W from 66th to 62nd Street. On February 24, 2009 a public hearing was held as part of the regular Council meeting and subsequently the Council ordered the preparation of plans and specifications for the project (est. $214,000). On February 23, 2010, the City Council awarded the contract for construction of the alley project to Ron Kassa Construction, Inc. for the sum of $144,657.00 The City of Richfield incurred an estimated $185,000 in costs for the concrete paving of the City's unpaved alleys. The City proposes to assess 50% of the costs for the concrete paving against the properties that benefited from this work. The total assessed portion of the project is estimated to total $92,500. 091410Alleyassess III. BASIS OF RECOMMENDATION A. POLICY • It is City policy to pave alleys with concrete. • It is City policy to assess the adjacent property owner for the cost of the alley paving. • Staff is following the Minn. Statute 429 (local improvements) process for the assessment. • A notice of the hearing on the proposed assessment (see attached} will be mailed at least two weeks prior to the hearing and shall state in the notice the total cost of the alley paving. B. CRrrICAL TIMING ISSUES • The property owner's have a 30 day prepayment period whereby no interest will be charged on the prepaid portion of the special assessment. • No interest will be charged if the entire assessment is paid before November 15, 2010. C. FINANCIAL • The total cost to be assessed for the concrete paving of the alleys is estimated to be $92,500. The final cost will be known by September 15, 2010. D. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Council may revise the special assessment roll as deemed necessary following the public hearing. V . ATTACI-PVIENTS • Resolution • Notice of Assessment Hearing to be mailed to residents • Graphic VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO ~ ~~ RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR THE CONCRETE PAVING OF ALLEYS IN THE CITY OF RICHFIELD WHEREAS, a contract was let for the improvement of unpaved alleys in the City of Richfield, which are shown in the attached Exhibit A; and whereas the contract cost of the improvement is estimated to be $150,000 and the expenses incurred amount to $35,000 so that the total cost of the improvement will be $185,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The portion of the estimated cost of the improvement to be paid b the city is hereby declared to be $92,500 and the portion of the cost to be assessedyagainst benefited property owners is declared to be $92,500. If the final cost exceeds the estimated cost, the City shall pay the excess of the final cost over the estimated cost. 2. Assessments shall be payable in equal annual installments extending over a period of 20 years, the first of the installments to be payable on or before the first Monday m January, 2011, and shall bear interest at the rate of 5% percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in her office for public inspection. 4. The City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 5. A hearing shall be held on the 12th day of October, 2010, in the Council Chambers of the City Hall at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda to pass upon such proposed assessment and at such time and place all ppersons owrnng property affected by such improvement will be given an opportunity to be heard in reference to such assessment. 6. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described m the assessment roll not less than two weeks prior to the hearing. 7. 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, with interest accrued tot a date of payment, to the city finance director, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. An owner may at any time thereafter, pay to the city finance director the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the City Council of the City of Richfield, Minnesota this 14"' day of September, 2010. e ie oe e , ayor ATTEST: ancy i s, ity e J MAYOR DEBBIE GOETTEL CITY COUNCIL PAT ELLIOTT TOM FITZHENRY SUZANNE M.SANDAHL FRED L. WROGE, JR. CITY MANAGER STEVEN L. DEVICH ~F ~ PIN Name Address City/State/Zip September 15, 2010 NOTICE OF ASSESSMENT HEARING NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CONCRETE PAVING OF CITY'S UNPAVED ALLEYS 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 concrete paving of the City's unpaved alleys. DATE, TIME AND PLACE OF HEARING: October 12, 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: The City of Richfield incurred costs for the concrete paving of the City's unpaved alleys. The City proposes to assess fifty percent (50%) the costs for the concrete paving, which totaled $185,000.00, against the properties that benefited from this work. PROPOSED AMOUNT OF ASSESSMENT: The total amount to be assessed against all properties is $92,500.00. The amount to be assessed against your particular property is: $ Payment can be made after the assessment is adopted and before November 15, 2009 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 ~N ~~T~EI~ 12, 2010. e ran ome own www.cityofrichfield.org AN EQUAL OPPORTUNITY EMPLOYER ~F3 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 five percent (5%) 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 October 12, 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. Five percent ~5%) interest will not be charged if the entire assessment is paid before November 15t . Payment on or after November 15 2010: Interest at the. rate of five percent (5%) 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 October 12 2010 or present the written objection to the presiding officer at the hearing on October 12 2010.. Questions? Questions concerning this assessment amount should be directed to Derick Anderson, Civil Engineer @ 612-861-9178. EXHIBITA ~~~ 2010 ALLEY PAVING PROJECT `~ 63rd Street s3o1 6305 Legend 6309 a /~ r i 6315 ~ $(~ ~~ % _---~~~ Proposed Alleys i, 6319 ~ "'~ i ~ ~ t ~1 ~~ ~ ' ~ Assessed Parcels -~ 6325 ~ ~ ~ ,fat ~rx~,, ,.. t~'o 1 , 6331 6333 I%' 6337 6339 M 6343 ~~' I 6345 ~~, ~- 64th Street ~ ~', '~~ ; i ; '',: ~ saol ` ~ ~ r,l saoo sao5 II', '~' s4oa II,; ~ I `~. 6408 ~ 6409 ~~ '. ~# ~ ~' ~' `~ X12 Richfield ~ 64,5 ~~,, ~~ •~,, ;, Lake `L,~ Q '1 64,6 64,7 1 !!, ~ sazo ~ 6421 '~• e. ~~~ i ~~, ~ ~ 6424 6433 t ~ .~k 6a 30 I Baal ,1 6436 sacs ~; I saaa ~ ~ 65th Street ,'~ ~ ','~~ ~, Q 6500 6501 j~'~, ~i', _ ' 6504 O ~~~ N '~,,•,1 ~I ~~j 6508 li ~ 6505 ~ 6512 '~ 1' ,! '.1~ 6516 W 6525 ~ •! I ~,'' ~ 6520 I 6529 ii 6524 li !~ 'i 6533 !I ~'~I 6528 I i~ 6537 ~ i, '~i ~ I ~; I !----- I 1f ~ "------,_-- I - -- _ 66th Street ~~ ~i I ~- ~-~- ~ ~~~ _~ i I --- __ ____ _. _ _..~~1 0 250 500 1,000 Feet • , AGENDA SECTION: Consent AGENDA ITEM # 7 G REPORT # 164 STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 14, 2010 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: w ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution declaring costs to be assessed for current services performed for weed elimination from private property and removal or elimination of public health or safety hazards from private property. RECOMMENDED ACTION: By Motion: Adopt the attached, resolution declaring costs to be assessed and ordering the preparation of the proposed assessment roll for weed elimination from private property and removal or elimination of public health or safety hazards from private property and setting the public hearing date for October 12, 2010. II. BACKGROUND • The special assessment for elimination of public health or safety hazards from private properties is for costs incurred by the City in connection with abatement of these hazards on certain properties in the City, which are not. properly maintained. • The owners of the subject properties are notified by the City to correct the public health or safety hazards and have failed to do so within the proper timeframe. • The property owners were notified that if the public health or safety hazards were not abated within the proper time limit, the City would take the corrective action necessary and bill the property owner. • Finally, each year the City utilizes City Public Works staff to cut weeds on certain properties in the City not maintained by the owners. If the owner fails to cut the 0914Nuisance Sp Asmt Declare Costs weeds in a timely manner after notification by the City, the City undertakes the weed destruction and bills the property owner for the service. In all cases, property owners will be notified that any unpaid charges of fees may be assessed against the property. III. BASIS OF RECOMMENDATION A. POLICY • The nuisance properties were not maintained by the owners and the City incurred costs to abate the nuisance. • Minnesota State Statutes provide that the City may levy a special one- year assessment for these costs. • Notice of the certification will be published in the Sun Current September 29, 2010. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • The proposed special assessment for the elimination of public health or safety hazards from private property is $6,333.19 with an additional 6% interest penalty. • The proposed special assessment for weed elimination from private property is $10,705.00 with an additional 6% interest penalty. • Costs incurred for city staff time in the clean up of the properties or to remove the weeds are included in the special assessment amount. • A $50.00 administrative fee is charged to all properties. • The affected property owner may prepay the original principal amount without interest within 30 days from the date the Council adopts the assessment, scheduled for October 12, 2010. If the original principal amount is not paid, the assessment will be charged 6% interest. D. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the attached resolutions and have the costs absorbed by the City. V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. 16' RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR WEED ELIMINATION FROM PROVATE PROPERTY AND REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PROVATE PROPERTY. WHEREAS, costs have been determined for weed elimination and removal or elimination of public health or safety hazards from private properties in the City of Richfield and the expenses incurred or to be incurred for such work ordered amount to $17,038.19. Public Health or Weed Safety Property Address Property ID Number Elimination Hazards 1120 EAST 66TH STREET 26-028-24-24-0044 $ 290.00 $ - 1421 EAST 62ND STREET 26-028-24-12-0035 160.00 - 6244 OLIVER AVENUE SOUTH 28-028-24-22-0005 - 155.00 6300 - 14TH AVENUE SOUTH 26-028-24-12-0136 170.00 - 6300 LYNDALE AVENUE SOUTH 28-028-24-11-0037 160.00 - 6315 - 16TH AVENUE SOUTH 26-028-24-11-0034 30.00 - 6337 BLAISDELL AVENUE SOUTH 27-028-24-21-0075 - 100.00 6400 WASHBURN AVENUE SOUTH 29-028-24-13-0012 460.00 760.00 6412 LYNDALE AVENUE SOUTH 28-028-24-11-0080 - 1,172.19 6429 - 11TH AVENUE SOUTH 26-028-24-24-0015 150.00 - 6444 EMERSON AVENUE SOUTH 28-028-24-13-0002 530.00 - 6514 STEVENS AVENUE SOUTH 27-028-24-13-0081 340.00 - 6601 IRVINE AVENUE SOUTH 28-028-24-31-0093 170.00 - 6629 RUSSELL AVENUE SOUTH 29-028-24-41-0023 460.00 390.00 6701 - 4TH AVENUE SOUTH 27-028-24-41-0090 170.00 - 6701 BLOOMINGTON AVE SOUTH 26-028-24-41-0052 - 115.00 6708 BLOOMINGTON AVENUE SO 26-028-24-42-0014 170.00 105.00 6711 - 14TH AVENUE SOUTH 26-028-24-42-0110 340.00 410.00 6732 CHICAGO AVENUE SOUTH 26-028-24-32-0098 500.00 - 6738 - 10TH AVENUE SOUTH 26-028-24-31-0080 340.00 200.00 6738 - 17TH AVENUE SOUTH 26-028-24-41-0027 - 410.00 6809 - 3RD AVENUE SOUTH 27-028-24-44-0082 340.00 350.00 6817 LIPTON AVENUE SOUTH 29-028-24-43-0020 570.00 - 6821 CEDAR AVENUE SOUTH 25-028-24-33-0059 - 634.00 6821 LIPTON AVENUE SOUTH 29-028-24-43-0019 160.00 - 6845 LIPTON AVENUE SOUTH 29-028-24-43-0013 160.00 100.00 6901 - 13TH AVENUE SOUTH 26-028-24-43-0067 185.00 - 6907 KNOX AVENUE SOUTH 28-028-24-34-0081 170.00 - 6909 LIPTON AVENUE SOUTH 29-028-24-43-0187 160.00 - 6920 LIPTON AVENUE SOUTH 29-028-24-43-0147 230.00 - 6937 NICOLLET AVENUE SOUTH 27-028-24-43-0018 160.00 - 7009 XERXES AVENUE SOUTH 32-028-24-12-0025 150.00 - 7010 BLOOMINGTON AVENUE SO 35-028-24-12-0083 160.00 40.00 7021 LIPTON AVENUE SOUTH 32-028-24-12-0005 230.00 - 7114 CLINTON AVENUE SOUTH 34-028-24-11-0060 - 140.00 7134 CEDAR AVENUE SOUTH 35-028-24-11-0123 400.00 - 7144 - 4th AVENUE SOUTH 34-028-24-11-0044 320.00 - 7200 NICOLLET AVENUE SOUTH 34-028-24-24-0001 150.00 - 7220 RUSSELL AVENUE SOUTH 32-028-24-14-0041 150.00 - 7300 LIPTON AVENUE SOUTH 32-028-24-13-0054 - 675.00 7338 - 2ND AVENUE SOUTH 34-028-24-13-0027 170.00 - 7340 LYNDALE AVENUE SOUTH 33-028-24-14-0006 340.00 - "l~~ 7438 VINCENT AVENUE SOUTH 32-028-24-42-0055 490.00 - 7445 -13TH AVENUE SOUTH 35-028-24-42-0005 230.00 - 7501 WENTWORTH AVENUE SO 34-028-24-31-0110 160.00 - 7508 - 4TH AVENUE SOUTH 34-028-24-41-0071 - 169.00 7524 -18TH AVENUE SOUTH 35-028-24-41-0043 170.00 198.00 7544 -15TH AVENUE SOUTH 35-028-24-42-0098 170.00 - 7600 PORTLAND AVENUE SOUTH 34-028-24-44-0001 170.00 - 7609 - 12TH AVENUE SOUTH 35-028-24-43-0039 - 210.00 7632 OAKLAND AVENUE SOUTH 35-028-24-33-0042 340.00 - 7708 LIPTON AVENUE SOUTH 32-028-24-43-0090 1.70.00 - 925 WEST 66TH STREET 28-028-24-41-0022 160.00 - Total $10,705.00 $6,333.19 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The total cost to be assessed against benefited property owners is declared to be $17,038.19. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such work against each benefited property, and shall file a copy of such proposed assessment in her office for public inspection. 3. The .Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 4. A hearing shall be held on the 12th day of October, 2010 in the City Hall Council Chambers at 7:00 p.m., or as soon as hereafter as it may be reached on the agenda, to pass upon such proposed assessment and at such time and place all persons owning property affected by the weed elimination and/or removal of public health or safety hazards assessment will be given an opportunity to be heard in reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment at least two weeks prior to the hearing and shall state in the notice the. total cost of the weed elimination and the removal or elimination of public health or safety hazards. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted by the City Council of the City of Richfield this 14th day of September, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # 7H REPORT # 165 ~~ STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 14, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Council approval of an attached resolution authorizing the City of Richfield's acceptance of mini grant monies from the City of Bloomington Public Health Division for the City of Richfield and Richfield School District Wellness programs and approval of a contract with the Minnesota Institute of Public Health who has been hired by Bloomington to manage the contractual functions of the grant. RECOMMENDED ACTION: By Motion: Council approval of: 1. Attached resolution authorizing the City of Richfield's acceptance of mini grant monies from the City of Bloomington Public Health Division for the City of Richfield and Richfield School District Wellness programs; and, 2. Approval of a contract with the Minnesota Institute of Public Health who has been hired by Bloomington to manage the contractual functions of the grant. II. BACKGROUND The City of Richfield and the Richfield School District jointly applied for a mini grant from the City of Bloomington, Public Health Division, which comes from a larger Statewide Health Improvement Program (SHIP) grant received by Bloomington. 0914 Mini Grant with Bloomington Public Health This joint mini grant's focus is for the City and School District's employee wellness programs and is intended to work on collaborative ways to work together, challenge one another and improve on our current employee wellness programs. The total amount of the mini grant is $5,000 with it being split equally between the City and School District for a total of $2,500 each. The City of Bloomington has hired the Minnesota Institute of Public Health to manage the contractual functions of the grant so the contract is with them rather than with the City of Bloomington. The joint venture was approved for funding earlier this year by the City of Bloomington's SHIP grant review group. The City of Richfield will act as the fiscal agent of the joint grant funds as approved of by Richfield School District staff, Michael Schwartz. ~ III. BASIS OF RECOMMENDATION !~. POLICY • Minnesota Statute 465.03 requires every acceptance of a grantor 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 Department be received by resolution and by more than two-thirds majority of the City Council in accordance with Minnesota Statute 465.03. B. CRITICAL TIMING ISSUES • An amount of $2,500 will be used by the City of Richfield for working collaboratively with the Richfield School District on ways to improve on the City's current employee wellness program and partner with the School District in challenges, events, etc. The remaining $2,500 of the grant funds will go to the Richfield School District. C. FINANCIAL • N/A D. LEGAL • The City Attorney has reviewed the contents of the mini grant contract and has approved of it. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Council could disapprove of the acceptance of the grant money and the funds would not be available for the City to utilize. V. ATTACHMENTS • Resolution No. • Contract with the Minnesota Institute of Public Health VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~~,i RESOLUTION NO. RESOLUTION AUTHORIZING COUNCIL APPROVAL OF THE CITY OF RICHFIELD'S ACCEPTANCE OF A MINI GRANT FROM THE CITY OF BLOOMINGTON TO BE USED, WITH THE RICHFIELD SCHOOL DISTRICT, IN THE COLLOBORATIVE PARTNERING AND IMPROVEMENT OF THE CITY AND SCHOOL DISTRICT'S EMPLOYEE WELLNESS PROGRAMS, AND APPROVING A CONTRACTUAL AGREEMENT WITH THE MINNESOTA INSTITUTE OF PUBLIC HEALTH THAT HAS BEEN HIRED BY BLOOMINGTON TO MANAGE THE CONTRACTUAL FUNCTIONS OF THE MINI GRANT WHEREAS, the City of Richfield and the Richfield School District jointly applied for and were notified by Bloomington Public Health that they had been approved as a mini grant recipient for a joint grant in the amount of $5,000; and; WHEREAS, the grant from Bloomington Public Health is part of a larger Statewide Health Improvement Program (SHIP) grant that the City of Bloomington received from the Minnesota Department of Health that is being utilized in the cities of Bloomington, Edina and Richfield; and; WHEREAS, mini grant funds are to be used to collaboratively partner and improve on the City and School District's current employee wellness plans and; and, WHEREAS, Bloomington has hired the Minnesota Institute of Public Health to manage the contractual functions of the mini grant; and, WHEREAS, Richfield will act as the fiscal agent for these funds as approved of by Richfield School District staff, Michael Schwartz and City Manager Steve Devich and; NOW, THEREFORE, BE IT RESOLVED that the City of Richfield will accept mini grant funds from the City of Bloomington, Public Health Division, for a collaborative partnership with the Richfield School District on their employee wellness programs, as noted above, and approve the mini grant contract with the Minnesota Institute of Public Health which has been hired by Bloomington to manage the grant functions. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of September, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~~ ~ ~ir1~ANT (.`®1~1TRAC`T THIS AGREEMENT, made this 17`h day of May, 2010, (the "Effective Date"), by and between the Minnesota Institute of Public Health, 2720 Highway 10 NE, Mounds View, MN 55112 ("MIPH") and City of Richfield ("Grantee") is as follows: WITNESSETH: WHEREAS, MIPH is contracted by the Bloomington Public Health Department (BPH} to administer their Statewide Health Improvement Program (SHIP) mini-grant program. WHEREAS, the Grantee wants and is willing to promote policy, systems, and environmental changes to support obesity and/or tobacco use prevention. WHEREAS, the parties hereto desire to enter into a working relationship; and WHEREAS, the parties hereto have agreed as to various matters concerning the organization and operation of such a~working relationship, and wish a written memorandum of their agreement; NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto hereby agree as follows: r. TEltl~][ AND '~'ERIi~YINAT)[®N ®~ AGREED/1ENT A. The term of this Agreement shall be fi•om the Effective Date and continuing until terminated as set forth in this Section I, below, or December 31, 2010 (the "E~cpiratio~ Date"), or until the contracted Services have been completed, or the maximum dollar amount has been reached, whichever occurs first. Notwithstanding the foregoing, this Agreement shall remain in effect with respect to any Schedules then in effect on the date of termination or Expiration Date until the date on which such Schedules are themselves terminated or are otherwise completed. It is also contingent upon, and subject to, a successfully executed and signed contract between MIPH and Bloomington Public Health (BPH) (the "Prime Agreement"). B. Either party shall have the right at any time to terminate this Agreement and/or any Schedule without cause upon fifteen (15) days written notice. In event of such termination, Grantee's sole and exclusive remedy shall be limited to payment (on a pro- rata basis if fixed fee) for Services and Deliverables rendered and expenses properly incurred through the date of termination. L. Either party shall nave the right to terminate this Agreement and/or any Schedule(s) immediately in the event of a material breach of this Agreement and/or any Schedule(s) by the other party, which breach remains uncured for a period of ten (10) days after written notice reasonably specifying the nature of the breach is given to the breaching party. D. Upon receiving notice from MIPH to stop work, Grantee shall cease all work under this Agreement. Grantee will not be paid for fees or expenses incurred as of the effective date of any such stop work notice until or unless Grantee is instructed to resume work. Statewide Health improvement Program (SHIP) mini-grant 2010-2011 Minnesota Institute of Public Health City of Richfield/RPS Worksite 1~ 3 II. I9IJ'7CIIJS A. Grantee agrees to provide MIPH with the services specified below, or in one or more engagement schedules (each individually a "Schedule") as are signed from time to time by the parties hereto, which Schedules shall be sequentially numbered and are incorporated into and form a part of this Agreement. Such services are hereinafter referred to as "Services". In the event of any ambiguity or conflict between any of the terms and conditions of this Agreement and the terms and conditions of any Schedule, the terms and conditions of this Agreement shall control, unless the parties expressly provide in such Schedule that a specific provision in this Agreement is amended, in which case this Agreement shall be so amended, but only with respect to such Schedule. Nothing in this Agreement shall be construed as precluding or limiting in any way the right of MIPH to obtain from, or provide to, any person or entity, such products, deliverables, consulting or other services of any kind as MIPH in its sole discretion may deem appropriate from time to time. B. The Grantee shall: ^ Collaborate and implement an initiative at the City of Richfield and Richfield Public Schools to increase physical activity among employees. Plan, develop and conduct an employee survey to assess interest and use of current wellness programs. m Plan and conduct walkability assessments between City of Richfield and Richfield Public Schools. ® Create additional walking route maps near City of Richfield and Richfield Public Schools facilities. m Create a policy that encourages walking meetings. ® Organize, promote, and implement the walking group, A Walk to Good Food, and stair walking competitions. Hold Walk to Work Day and Bike to Work Day events and pro•~ide educational information and speakers prior to events. ® Hold forum with Richfield High School Wellness Committee, Richfield Advisory Health Board, and Richfield residents. Provide incentives to employees for participation in initiative following BPH and SHIP guidelines and as described in supplement to Grantee's Application (Attachment B). Complete the following Deliverables and submit copies or documentation as appropriate to MIPH: o Documents or summaries of the employee survey and walkability assessments. o Copy of policy on walking meetings o Maps created from the walkability assessment. o Photo documentation of initiative including, as appropriate, photographs of employees participating in walking meetings and other events. o Five (5) copies of outreach and promotional materials (e.g., posters, newsletters) related to this initiative. Statewide Health Improvement Program (SHIP) mini-grant 2010-2011 Minnesota Institute of Public Health Ciry of Richfield/RPS Worksite 2 1tl d ^ Fully complete the duties and deliverables as described in Grantee's application for funding (Attachments A and B). Failure to complete duties or deliverables may result in reduction of reimbursement under this contract. ^ Evaluate the process and outcomes of activities as described in Grantee's application for funding (Attachments A and B). ^ Share results of evaluation as described in Grantee's application for funding (Attachments A and B) with MIPH. ^ Submit midterm and final progress reports to MIPH using the MIPH approved reporting form. Reports must be submitted by October 15, 2010 and January 31, 2011. ^ Submit invoices to MIPH using the MIPH approved reporting form. Invoices must be submitted by July 31, 2010; October 15, 2010; and January 31, 2011. ^ Assist with photo documentation of initiative, including obtaining photo releases from staff and participants. ^ Participate in two site visits with BPH staff in August 2010 and December 2010. d Participate in other evaluation activities, i.e., common measure reports, key informant interviews, as requested by MIPH or BPH. ^ Collect information on the reach of Grantee's initiative, i.e., how many people were actively engaged in activities; how many people benefited from the policy, systems, and environmental changes relating to physical activity and nutrition. C. MIPH shall: ^ Provide reporting and invoicing forms to Grantee. MIPH may modify or change all. forms at its discretion during the grant term. ^ Compensate Grantee promptly for duties satisfactorily performed under this grant contract as described under Consideration and Payment. D. Payment of undisputed fees for Services shall be made thirty (30) day s after MIPH's receipt of invoice submitted by Grantee according to the schedule of dates in Section III. )<I)[. C®1®iSIi)E12f1'TI®1m1 Al~li) lPA'~'M>ENT MIPH will pay for all services performed satisfactorily by Grantee under this grant contract as follows: ^ The Grantee will be paid an amount not to exceed 5 0$ 00.OOfor reimbursement of expense items as described in Grantee's application for funding. ^ The total obligation of MIPH for all compensation and reimbursements to the Grantee under this contract will not exceed 5 000.00. Expenses in the invoices submitted must be itemized and must be consistent with the line items included in the Grantee's application for funding (Attachment A). Payments under this grant contract will be made from State funds, obtained by MIPH under contract to the Bloomington Public Health Department. Grantee must provide itemized --eporting of expenses. Grantee may reassign up to five percent of any budget line item without M1Pf-1 Statewide Health Improvement Program (SHIP} mini-grant 2010-2011 Minnesota Institute of Public Health City of Richfield/RPS Worksite ~~ ~ approval. Any change greater than five percent will require prior written approval by MIPH. MIPH will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and MIPH accepts the invoiced services. Invoices must be submitted timely and according to the following schedule. Itemized invoices will be filed in arrears. Invoices must be submitted and received by MIPH by July 15, 2010; October 15, 2010; and January 31, 2011. The Grantee will not receive payment for work found by MIPH to be unsatisfactory, outside the dates of this grant contract, or performed in violation of federal, state, or local law. MIPH will reserve 25 percent of the total grant contract for payment in the final invoice, payable only upon full, satisfactory completion of all grant duties and deliverables. ~'~J. A1Vl(El`II)MENZ'S Any amendments to this Agreement shall be in writing, signed by the parties. '~.1(1VlDEPENDENT CQN7CI2ACT'Olt~ 12ELA7CTONSHII' Grantee is an independent contractor, and is not an employee, servant, agent, partner, or joint venturer of MIPH. Neither party to this Agreement will have any authority to bind or represent the other party. MIPH shall identify and request the Services to be performed, but Grantee shall determine the legal means by which all Services are to be accomplished. MIPH is not responsible for withholding, and shall not withhold, FICA or any other employment-related taxes of any kind from any payments made to Grantee. Neither Grantee, its employees, nor any subcontracted personnel shall 6e entitled to receive any benefits which employees of MIPH are entitled to receive, nor shall Grantee, its employees or subcontracted personnel be entitled to receive from or through MIPH workers' compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing or Social Security on account of Services performed under this Agreement. Grantee is responsible for overseeing and managing the tasks and functions for the Services provided under this Agreement. ~I . I1~lI~EM1~1i)FIC?~7I'll®1~ To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless MIPH, its trustees, officers, employees and Affiliates from and against a(I claims, demands, suits, actions, losses, damages, injuries, liabilities, expenses, judgments, liens, encumbrances, orders, fines, penalties and awards, including, without limitation, reasonable attorneys fees, expert witness fees and court costs, (all of which are collectively referred to as "Claiirns") arising out of any of the following: Statewide Health Improvement Program (SNIP) mini-grant 2010-2011 Minnesota Institute of Public Health City of Richfield/RPS Worksite ~ ~~5 A. Grantee's performance of Services and provision of the Deliverables, Grantee's failure to perform under this Agreement and/or Grantee's breach of this Agreement. B. Claims relating to bodily injury to or death of any person or damage to real property and/or tangible or intangible personal property, incurred while Grantee is performing Services and to the extent caused by the negligent or willful acts or omissions of Grantee, its Employees, Permitted Subcontractors or agents in the performance of the Services hereunder. C. Claims arising out of any disputes between Grantee and Grantee's employees and/or Permitted Subcontractors, including without limitation, Employee Related Claims. "Employee Related Claims" means any pending, threatened or future action, suit, arbitration, inquiry, proceeding or investigation by or before a court, arbitrator, governmental or other regulatory or administrative agency or commission, whether civil, criminal or other, and whether known or unknown, fixed or contingent, or matured or unmatured at the Effective Date or at any time before or after the Effective Date for any and all Claims, incurred in connection with the Agreement that arise in connection with or relate to any of Grantee's or any of its Permitted Subcontractor's employees or classification of employees, the terms or conditions of such employment, any accident, illness, injury or other harm of any nature arising in connection with or relating to such employment, or the termination of such employment. D. Claims that any Services or Deliverables provided by Grantee hereunder infringe upon any existing or future patent right, copyright, trade secret or other Intellectual Property Right. Grantee will defend such Claim at its expense and will pay all costs and damages that may be awarded against MIPH, its trustees, officers, employees and/or Affiliates incurred and resulting therefrom. Grantee will not be obligated to indemnify MIPH hereunder, however, if the claim of infringement is caused by MIPH's modification of such Deliverables. If any such Deliverables are, or in either MIPH's or Grantee's opinion are likely to be, held to constitute an infringing product, Grantee shall promptly at Grantee's option and at Grantee's sole cost and expense either (a) procure the right for MIPH to continue using it, or (b) modify it so-that it is non-infringing, provided that such Deliverable as modified must be functionally equivalent and perform and conform in all material respects to the specifications and requirements, or (c) replace it with anon-infringing functionally equivalent that performs and conforms in all material respects to the specifications and requirements. If none of the options in the preceding sentence are reasonably available and/or practical after Grantee has exercised its best efforts to implement said options, Grantee shall refund to MIPH all amounts paid by MIPH to Grantee pertaining to such Deliverables under this Agreement, and Grantee shall remain liable for all other damages and remedies available to MIPH which are expressly reserved. 'VII. '~'AI~I~AI®TTIES Grantee warrants that (a) Grantee, its Employees and Permitted Subcontractors, if any, shall have and maintain the requisite technical knowledge, skills, abilities, licenses and qualifications to provide the Services and Deliverables, (b} Grantee shall comply with all applicable local, state and federal ordinances, laws and regulations in providing Statewide Health Improvement Program (SNIP) mini-grant 2010-2011 5 Minnesota Institute of Public Health City of Richfield/RPS Worksite ,~ ~ the Services and Deliverables, (e) all Services to be performed hereunder will be performed in good faith and in a good, professional, workmanlike, competent and timely manner, in conformity with all applicable standards and the requirements of this Agreement and the respective Schedules, and (d) Grantee's performance of Services does not and will not violate the terms and conditions of any other contract or obligation of Grantee. VIII. INSURANCE In addition to any other insurance requirements set forth in this Agreement, Grantee shall maintain (and cause its Permitted Subcontractors, if any, to maintain} the following insurance coverage's in full force and effect throughout the term of this Agreement: A. Workers' Compensation Insurance, as may be from time to time required under applicable federal laws and the laws of the state(s) or country in which the Services are performed; B. Employer's Liability Insurance, with limits of not less than $500,000 each accident, $500,000 disease -policy limit, and $500,000 disease -each employee; C. Commercial General Liability Insurance (including contractual liability to cover the indemnity provisions set forth in this Agreement) with limits of not less than $3,000,000 general aggregate and $1,000,000 each occurrence (including personal and advertising injury); D. Automobile Liability Insurance (including owned, non-owned and hired) with limits of not less than~One Million Dollars ($1,000,000) combined single limit. The foregoing insurance coverage shall contain a provision whereby the insurer agrees to give MIPH thirty (30) days' written notice before the insurance is canceled or altered in such a way that it no longer satisfies the requirements set forth in this Section. The foregoing insurance coverages (except for the Workers' Compensation Insurance coverage} shall be written on an occurrence basis and shall name MIPH as an additional named insured. Grantee shall furnish current certificates evidencing that the foregoing insurance is being maintained by Grantee. Delivery of a certificate to MIPH which is not in full compliance with this Agreement shall not be deemed a waiver of the Grantee's obligations. . IX. G®VERNING I,A'b~' The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of t he State of Minnesota and, to the extent applicable, the laws of the United States of America. This Agreement is deemed to be executed in Minnesota and the parties hereby consent to the jurisdiction of the State and Federal Courts located in Minnesota for such disputes. All litigation arising out of this Agreement must be brought in Courts located in Hennepin County, Minnesota. Statewide Health Improvement Program (SNIP} mini-grant 2010-201.1 Minnesota Institute of Public Health City of Richfield/RPS Worksite 6 1~~~ X. RUTH®lt~)(ZET)1~)EP12ES)EAITATIVE M1PH's Authorized Representative is Sheila Nesbitt Grant Consultant 2720 Hi ~;hwav 10 NE Mounds View MN 55112 763-427-5310 x128 snesbitt@minh.or~, or her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract.lf the services are satisfactory, M1PH's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Bette Osborn City of Richfield, 6700 Portland Avenue South Richfield MN 55423, 612-861-9881, bosbornC~?cityofrichfield.or~. 1f the Grantee's Authorized Representative changes at any time during this contract, the Grantee must immediately notify MIPH. XY. F®)12CE MA,~EfJJ<2E Neither party shall be liable for the non-performance of its obligations under this Agreement for a maximum period of sixty (60) days if such non-performance is caused by acts of civil or military authority, civil disturbance, war, terrorism, explosions, fires, earthquakes, floods or other acts of God ("Force li~>[ajeure )Event"). The party so affected shall give notice to the other party and shall do everything reasonably possible to resume performance. 1f the period of non-performance exceeds sixty (60) days from the receipt of notice of the Force Majeure Event, the party whose ability to perform has not been so affected may terminate the Agreement and/or any applicable Schedule(s) upon written notice. III. t~S~S>[~1~11~EN'T Grantee shall neither assign nor transfer any rights or obligations under this Agreement without the prior written consent of MIPH. Any attempted assignment in contravention of this Section shall be null and void. Statewide Health Improvement Program (SHIP) mini-grant 2010-2011 Minnesota Institute of Public Health City of Richfield/RPS Worksite . ~ `lam 1~ IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. ~ ~ ~ ~ ~~~~~~~ Date: The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. Date: OI ICll:il iu r w 1. .VI//'/L_/ Signed: Print Name: ~~~~ ~~ ~ Title: C~ ~ t ~ `~~ ~~~ Minnesota Signed: Print Name: Health ~Qi'1'1 ~Y1 I Title: Statewide Health Improvement Program (SNIP) mini-grant 2010-2011 Minnesota Institute of Public Health City of Richfield/RPS Worksite 8 City of Richfield and Richfield Public Schools - Worksite Wellness Initiatives ,,~ April 15, 2010 -Mini-Grant Application _ BER SHIP iVIINI-GRANT APf~LICATI®N 2010 ~r~2illZairGrl,Na(~lQ ---- -. Ciiy of Richfield ,gddres's, City, Stakes.-yip - - -- -- - ---- - --- -- -- - - - --- --- -- - I f field, MN 55623 6700 Portland Avenue South - Rim 1 --- - %ontact Nariie Er~lail ~'r~~ne N~arjll~er Betsv Osborn ~ bosborn(c~cityofrichfield.org ~ 612-861-9881 Organizafiol~ PJ~rl~e - - - -. - - - Richfield Public Schools ,address, City tats, Zi~i -- 7001 Harriet Avenue mouth - Richi`ielul, MN 55;2:; Mo hael Schwartz 7MichaeLSchwartzCc~richfield.k12.mn.us 16112-798 6061~~ Please mark which area Pro~•os~l ~re~ Communities Schools Worksites Healthcare I_.oc~~tr'or~ of Is~iti~fiv'~.;- (iVlnrk ali ~~ lai~~~~~1 ` _' Bloomington Edina Richfield X ur proposal is focused X 24 1 ~~~ City of Richfield and Richfield Public Schools -worksite wellness Initiatives April 15, 2010 - fVlini-Grant Application SHIP Grant Application Narrative: Provide a detailed description of your initiative including clear goals and describe .how your initiative's goals align with the proposal areas in the mini-grant guidelines: The City of Richfield and the Richfield Public Schools have long benefited from a solid and respectful relationship, which includes having successfully partnered on a number of initiatives. Our two organizations are now proposing to establish a collaborative worksite wellness initiative by building upon the two organizations' well-established employee worksite wellness programs. Our goal is to have healthier workforces by providing and promoting a variety of fitness opportunities, which encourage increased physical activity throughout the work day. Our objectives are that by December 31, 2010, our organizations will experience: An increase in employee participation in worksite wellness initiatives from 30% for the City and 24% for Richfield Public Schools to 40% Fitness opportunity participation by each participating employee of 25% Our desire is that this initiative becomes a model for other Richfield worksites. Elements of our joint wellness initiative include: ® Conducting an employee survey to assess participation in current wellness program activities and to ascertain interest in proposed activities. Conduct follow-up survey to assess impact of enhanced wellness initiatives. r Developing internal policies which encourage and support employees to increase physical activity. ® Planning and conducting a walkabiliry assessment for several routes between the School District and City of Richfield. .Increasing opportunities at work for employees to increase physical activity. ® Planning friendly competitions- internal to each organization and between the two groups. Promoting alternative forms of transportation to travel to work. ® Co-sponsoring a public forum featuring Richfield's Biggest Loser contestants to benefit from their learning in health and weight loss. These new initiatives support, and expand upon, wellness initiatives now taking place in the worksites of The City of Richfield and the Richfield Public Schools, ®escribe what PSE changes will occur or that are supported as a result of your initiative: These initiatives meet the goals of Policy, Systems and Environmental change: ® Ongoing, Long-Term & Sustaining -These initiatives support and expand upon our current wellness programs which are fully encouraged and supported by 24 2 ~i~ City of Richfield and Richfield Public Schools - Worksite Wellness Initiatives 1 April 15, 2010 -Mini-Grant Application organization leadership. Once in place, these initiatives can and will be continued with a minimum amount of administrative time or money. Foundational - We fully expect that, by offering more information and continuing opportunities for physical exercise, employee exercise will increase over time as well as provide a positive impact on their families and school district students. Focus on populations -City of Richfield employees, Richfield School District employees Describe the need in your organization or community for this initiative and how your initiative will impact the need and describe the population that will be impacted by your initiative: A March 2010 document from the Centers for Disease Control reports the following: • Almost 4 in 10 adults (39.7%) engaged. in no leisure-time physical activity ® 30.7% engaged in activity sufficient in frequency and duration to be classified as "regular" • Overall, nearly 6 in 10 adults (60.4%) were overweight (including obese) ® About 25.4% of adults were obese, 35% were overweight but not obese, 37.7% were in the healthy weight range, and 1.9% of adults were underweight Source: "Health Behaviors of Adults: United States, 2005-2007," CDC, March 2010 http:/lwww.cdc.gov/nchs/data/series/sr 10/sr10 242.pdf We believe that our employees are the "typical" Americans detailed in the CDC study, which reports inadequate physical activity and problematic weight. We believe that an increased emphasis on wellness in the workplace can increase physical activity, thus helping to control weight and its attendant health problems. Our proposed initiatives wi!! accon-iplish this. Describe the specific actions you will take to achieve initiative and outline the tirneline for the actions you plan to take: Wellness coordinators from both organizations will plan, develop and conduct an employee survey to assess participation in current wellness program activities and to ascertain interest in proposed activities. We expect this survey will inform proposed initiatives leading to increased employee participation. Conduct follow- up survey to assess and evaluate impact of enhanced ln~ellneS~ inifiati~iec_ Timing: May and December 2010 Staff will plan and conduct a walkability assessment for several routes between the Richfield Public Schools and City of Richfield that will incorporate mapped routes between those two locations and other School/City satellite worksites (i.e., Community Center, Wood Lake, Richfield Intermediate School, etc.) for employees to use. These routes would vary in length so that they not only encourage new walkers/runners but also those at the intermediate and advanced levels and identify mapped areas less challenged by traffic and other safety- related concerns. Timing. May -July 2010 24 ~,~~ 24 Cit of Richfield and Richfield Public Schools - Vllorksite VV'ellness Initiatives Y April 15, 2010 -Mini-Grant Application Staff would create an informal policy, and obtain leadership buy-in, to encourage the use of walking meetings as a way to get work done and be healthy. Such a policy would demonstrate. to employees the value that management places on their good health. Timing: May -June 2010 Increase physical activities for employees by planning friendly competitions: o This would occur by organizing formal walking groups, which could compete both internally against other walking groups in their own worksite or externally with groups competing against each other's worksites walking groups. Timing: May-December 2010 o Employees will participate in a competition entitled "A Walk to Good Food" at a Richfield Farmer's Market site and walk back with their food product encouraging the importance of making good health food choices. It will also introduce them to a new product from the local market and incorporate joint cooking sessions and new recipes using the product. Timing: Summer 2010 o Promotion of stair walking competitions and other activities throughout the year using pedometers and walking log books. Timing: May -June 2010 The initiative will also promote the benefits of a life that includes the use of alternative forms of transportation to and from work even if it's just several times a week. Challenges will be planned around "Walk to Work Day" or "Bike to Work Day" as a way to encourage increased participation. Prior to the events, educational information and speakers will help participants get started in thinking about how best to accomplish this. Timing: September- October 2010 In a partnership between the Richfield High School Wellness Committee and the Richfield Advisory Board of Health, a co-sponsored public forum will beheld featuring Richfield's Biggest Loser contestants as panel presenters. !t will be open to both employee wellness groups and to the general public. This forum will give both City/School employees and the general public the ability to learn how to be healthier from one of their own and to ask questions, etc. about their experience in physical activities and weight loss to make their own efforts the most effective. Timing: end of September 2010 Describe specific outcomes you plan to achieve with your initiiatives and describe how you will measure your outcomes We intend achieving: ° Aiii iioCrease in e~i~pivyee p^artiClpati^vn in YJCrk~{te ~v'ellneS~ {nitlatly°S tC an°,~~ Fitness opportunity participation by each employee of 25°io The initial employee survey will offer us a baseline of employee participation. Employees will keep a log of participation. A December 2010 survey will add additional information on participation and satisfaction. ~1~ 24 City of Richfield and Richfield Public Schools - Worksite Wellness Initiatives April 15, 2010 -Mini-Grant Application Budget Form ..~ , ~ I ~ i EX~e11;rE Itcr~l'- RP,,i~ll@5t 13i-~\6iS~i i0'ic71 uf'i2i OX ~Ic^,natlOn Of Uj2 Ot I~Uniij If'tllt ~loasedese~rihe~ I Total ~ ~~~tc 1~ar~graph)~ _ 5 lacy and Fr~ingc - --_ ~_._ -- --- - - - City of Richfield $1,200 $2,480 Wellness coordinator staff time Richfield Public $1,200 $2,480 Schools Wellness coordinator staff time Supplies/tVlaterials Incentives-City of $1,000 ~ $400 Richfield Incentives- $1,000 $600 Richfield Public Schools i~risrtlco~y of Richfield I $150 ---- Pedometers, walking log books, prize incentives, etc. Pedometers, walking log books, prize incentives, etc. Richfield Public $150 $40 Schools -- - - - Cs~infrac~ ~;~s~°i~:~~- IOlnrre ~ 5 ~l ~,~a- S~I~GR~I~T~®~~®_~~ Staff Responsibilities/Activities • Develop an employee survey to evaluate programs/participation Communicate with other worksites to review any existing walking meeting policies they may have Develop additional walking route maps, beyond those developed through the Energize at Work initiative at each site near City and RPS facilities, including but not limited to: o Veterans Memorial Park o Richfield Lake o Between City facilities o From City sites to Roosevelt Park (site of new Farmers Market) Formal Policy System Change ® Develop a policy regarding walking meetings at RPS and the City. Incentives/Stipends m Purchase pedometers for employees committed to a regular walking program using the newly developed walking maps ® Purchase a wheeled cart/wagon for employees to sign out for walking trips to the new Friday Farmers Market Purchase reusable bags for employees committed to shopping the new Farmers Market located at Roosevelt Park (or current Market at Veterans Memorial Park) ® Once a formal walking meeting policy is put into place, purchase lanyards to idenfify employees taking part in walking meetings or using personal time to eXerrice ni it in thg Gomm~!!"lit}~ Farmers Market coupon incentive to employees completing the employee interest survey, not to exceed $5.00. Other incentive alternatives may be considered in lieu of a Farmers Market coupon for those not motivated by that form of an incentive. In coordination with Richfield Public School staff, hire a professional to provide a preparation/cooking techniques class for Minnesota-grown produce (possibly at one of the school facilities) at no cost to employees AGENDA SECTION: ~A~l-geiLt AGENDA ITEM # ~ ~ REPORT # ~ ~ ~ STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 14, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: d ra BETSY OSBORN, SUPPORT SERVICES DNISION MANAGER N~re, T/TLE ITEM FOR COUNCIL CONSIDERATION: Approval of a delegation agreement between the City of Richfield and the Minnesota Department of Health. This delegation agreement empowers local government regulations, inspection and enforcement of food, lodging facilities and public swimming pools. I. RECOMMENDED ACTION: By Motion: Approve a delegation agreement between the City of Richfield and the Minnesota Department of Health for the inspection and enforcement of food, lodging facilities and public swimming pools. II. BACKGROUND In 1977, the State of Minnesota enacted the Community Health Services Act which transferred the responsibility for the administration of public health programs to local jurisdictions. The Act was revised in 2003 and is now referred to as the Local Public Heath Act. Delegation to local governments by the Commissioner of Health is provided under the authority of Minnesota Statutes, Chapter 145A.07 A delegation agreement had to be signed and agreed to at the time giving authority from the State of Minnesota to the City of Richfield to be able to inspect, license and regulate food, lodging facilities and public swimming pools among other similar areas. 0914 MN Dept of Health EH Delegation Agreement From time to time the delegation agreement process is reviewed and updated and participating cities are required to gain approval from their governing body in order to be able to continue to license, inspect and enforce within these areas. The City of Richfield's food, lodging and public pool ordinance codes have also recently been reviewed and updated so they are in compliance with required codes at the State level. The City Council will approve of these code updates at their September 14, 2010 Council meeting. These updates are necessary in order to be able to sign the delegation agreement with the State and for the City to be able to retain the ability to license, inspect and enforce within these areas. III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield must have a delegation agreement in force to receive authority from the State of Minnesota to conduct inspections and to license and regulate food, lodging facilities and public swimming pools, among other similar areas. B. CRITICAL TIMING ISSUES • The approval of updated city codes in the areas of food, lodging and public pools and the approval of a delegation agreement with the Minnesota Department of Health are both necessary by October 1, 2010 in order to be able to continue those activities. C. FINANCIAL • With a signed delegation agreement with the State of Minnesota, Department of Health, Richfield has the authority needed to continue to license, inspect and enforce codes within these areas. Without a signed delegation agreement, Richfield cannot license, inspect or enforce codes in these areas. This would result in a major loss of revenue and a loss of local control and oversight in monitoring these types of establishments. D. LEGAL • The City Attorney has reviewed this delegation agreement and has approved of it and its contents. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATNE RECOMMENDATION(S~ • The Council could decide not to approve of the delegation agreement with the Minnesota Department of Health which would mean that the City could no longer license, collect revenue, inspect or take enforcement action in these areas. V. ATTACHMENTS • Minnesota Department of Health Delegation Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 11,1 Delegation Agreement Between and Minnesota Department of Health This Agreement, effective on the first day of , 20_, is between the State of Minnesota acting through its Commissioner of Health ("Minnesota Department of Health" or "MDH") and the [board of health or other jurisdiction] ("Board"}. 1. AUTHORITY AND DELEGATION 1.1 MDH, charged with protecting the public health under Minnesota Statutes, Chapters 144, 157, and 327, has the duty to inspect, license, and regulate: food, beverage, and lodging establishments; public pools and related facilities; youth camps; manufactured home parks and recreational camping areas. 1.2 Minnesota Statutes, Section 145A.07, Subd. 1 authorizes MDH to enter into an agreement to delegate these duties to the Board. MDH delegates its authority to the Board according to this Agreement but nevertheless remains ultimately responsible for the performance of these duties under Minnesota Statutes, Section 145A.07, Subd. 3(h). 1.3 The Board, having jurisdiction over [description of jurisdiction], accepts this delegation and agrees to the terms of this Agreement regarding inspection and licensing of regulated establishments and enforcement of the applicable laws for the purpose of preventing and abating public health risks. MDH - EHS Delegation Agreement, 5/21/2009 ~ _ 1 _ `l ~''} a. Score 2.1 Delegated Responsibilities: This delegation applies to the following regulated areas as indicated by the checked boxes: ^ A. Food, Beverage; and Lodging Establishments, as defined in and governed by Minnesota Statutes, Chapter 157 and Minnesota Statutes, Chapter 327, Minnesota Rules, parts 4626.0010 to 4626.1870, and Minnesota Rules, parts 4625.0100 to 4625.2300; ^ B. Food Manager Certification requirements for food establishments, as defined in and governed by Minnesota Rules, parts 4626.2000 to 4626.2010; ^ C. Manufactured Home Parks and Recreational Camping Areas, as defined in and governed by Minnesota Statutes, Sections 327.14 to 327.28, and Minnesota Rules, parts 4630.0200 to 4630.2210; ^ D. Youth Camps, as defined in and governed by Minnesota Statutes, Sections 144.71 to 144.74, and Minnesota Rules, parts 4630.2300 to 4630.4700; ^ E. Public Pools, as defined and governed by Minnesota Statutes, Section 144.1222, and Minnesota Rules, parts 4717.0150 to 4717.3970. ^ F. Variances to Minnesota Rules for: O (1) Lodging, as specified in Minnesota Rules, part 4717.7000, subpart 1 (D); O (2) Manufactured home parks and recreational camping areas, as specified in Minnesota Rules, part 4717.7000, subpart 1 (E); O (3) Youth camps, as specified in Minnesota Rules, part 4717.7000, subpart 1 (F); and MDH - EHS Delegation Agreement, 5/21/2009 - 2 - ~ ~ ~~ O (4} Food establishments, as specified in Minnesota Rules, parts 4626.1690 to 4626.1715. 2.2 Respansibilities not dele6ated: MDH retains exclusive authority for the following areas: A. License renewal under Minnesota Statutes, Section 157.16, Subd 2, except as specified in paragraph 3.2(C) 1 of this agreement; B. Certification of food managers under Minnesota Statutes, Section 157.16, Subd. 2(a) and Minnesota Rules, parts 4626.2015 to 4626.2025; C. Establishment fees under Minnesota Statutes, Section 157.16, Subd 3, except as specified in paragraph 3.2(C) 1 of this agreement; D. Collection of the Statewide Hospitality Fee, under Minnesota Statutes, Section 157.16, Subd. 3(a). E. Public swimming pool plan review and approval under Minnesota Rules, parts 4717.0310 and 4717.0450; and F. Variances for public swimming pools, as defined in Minnesota Rules, part 4717.7000, subpart 1 (F). 3. TERMS OF THE AGREEMENT 3.1 MDH's Responsibilities: A. General (1) Beginning on ,and through the duration of this Agreement, MDH will not enforce the statutes and rules stated in paragraph 2.1 in the Board's jurisdiction, except as stated in this Agreement or at the request of the Board. MDH -ENS Delegation Agreement, 5/21/2009 - 3 - ~j~l (2) To ensure consistent regulation and enforcement statewide, MDH will review the Board's ordinances or proposed changes to existing ordinances and provide a written response. MDH will review and provide comments within 30 days of receipt of the proposed ordinance language being submitted to MDH. (3) MDH will coordinate a review of the Minnesota Food Code (Minnesota Rules, part 4626) following the release of each new Food and Drug Administration Model Food Code or Supplement. (4) MDH will evaluate the Board's compliance with the delegation agreement to ensure that its programs are adequate to assure compliance by regulated parties with the standards and requirements established in the statutes and rules stated in paragraph 2.1. (5) -MDH staff will be available to advise the Board regarding issues covered under this Agreement. (6) MDH will refer to the Board any complaints that MDH receives concerning matters under the Board's jurisdiction. B. Illness Investigation and Response (1) MDH will maintain an emergency.communication system for notifying and communicating with the Board, local boards of health, industry, and others about serious threats to food safety and public health. (2) MDH will lead epidemiological surveillance and investigations and will consult with the Board as necessary during investigations. MDH - EF-1S Delegation Agreement, 5/21/2009 - 4 - ~y,h (3) MDH will summarize and report the results of epidemiological investigations. C, Training and Technical Assistance MDH will offer to the Board training and consultation for program areas listed under the SCOPE throughout the duration of this Agreement. 3.2 Board's Responsibilities: A. Regulatory Authority (1) The Board must have ordinances that incorporate the requirements of the statutes and rules stated in paragraph 2.1, items (A), (B),(C), (D), and (E) for licensing, inspection and enforcement authority. As stated in Minnesota Statutes, Section 145A.05, Subd. 1, ordinances may not conflict with or be less restrictive than the relevant Minnesota Statutes or Rules. (2) Ordinances must establish authority for enforcement and describe actions to ensure compliance. (3) The Board may not enact or amend any ordinance related to the statutes and rules stated in paragraph 2.1 (except fee provisions) without MDH's prior review of and comment on the proposed ordinance language. Within 30 days of promulgation of any new or amended ordinance that is within the scope of this Agreement, the Board will provide MDH with a copy of the new or amended ordinance. B. Trained Re~ulatory Staff MDH - EHS Delegation Agreement, 5!21/2009 - 5 - %~~ (1) The Board will maintain qualified inspection personnel, as defined in this section, to enforce the statutes, rules, and local ordinances encompassed in this Agreement. (2) Inspections required in Minnesota Statutes, Chapter 157 and Minnesota Rules, parts 4630.2210 and 4630.1900 must be performed by Environmental Health Specialist/Sanitarians who possess the qualifications stated in Minnesota Rules, parts 4695.2500 to 4695.2800. These qualifications include: (a) Current registration with the State as Environmental Health Specialist/Sanitarian; or (b) Possession of a baccalaureate or post baccalaureate degree in environmental health, sanitary science, saxutary engineering, or other related environmental health field that includes at least 30 semester or 45 quarter hour credits in the physical or biological sciences; and registration as an Environmental Health Specialist/San_itarian within 2 years from the date of appointment. (3} Inspections in excess of those required in Minnesota Statutes, Chapter 157 and Minnesota Rules, parts 4630.2210 and 4630.1900 may be performed by less qualified staff who must: (a) be enrolled in a baccalaureate or post baccalaureate degree program in environmental health, sanitary science, sanitary engineering, or other related environmental field; and. MDH - EHS Delegation Agreement, 5/21/2009 - 6 - ~i~ (b) be supervised by a registered Environmental Health Specialist/Sanitarian. (4) If the Board's inspection staff consists of a single person, that person must be a fully qualified Registered Environmental Health Specialist/Sanitarian. (5) The Board will prepare and submit to MDH on an annual basis, a staffing plan to assure adequate program coverage. The staffing plan may include mutual aid agreements, cooperative agreements or other tools to address staffmg shortages, or the need for additional staff during emergencies or special circumstances. (6} The Board will notify MDH in the event of unexpected staff changes leading to inadequate or unqualified staffing. MDH may perform a program evaluation under the following circumstances. (a) If the Board has inadequate or unqualified staffmg, the Board remains responsible for providing both routine and emergency services covered by this Agreement. (b) If the Board has inadequate or unqualified staffing: (i) Within 10 business days of the staff's departure, the Board must submit a written plan for providing routine and emergency services until qualified staff are hired. This plan must include the name, credentials and contact information for staff performing MDH - EHS Delegation Agreement, 5/21/2009 - 7 - 1~1 delegated duties. MDH will provide written approval or rejection of the plan within 10 business days of receipt. (ii) While the Board has inadequate or unqualified staffing, the Board must submit to MDH on a monthly basis, inspection reports for all inspections conducted during the previous 30 days. (iii) The Board will have 180 days from the time of the staff s departure to hire qualified staff. If qualified staff cannot be hired within 180 days, MDH will terminate the Agreement and immediately begin providing routine and emergency services in the Board's jurisdiction. (7) If the Board is a Community Health Board, the Board may enter into agreements with other qualified persons to carry out its delegated duties, as stated in Minnesota Statutes, Section 145A.04 subd. 5 and Minnesota Statutes 145A.07 subd. 3(d). Before the parties enter into such an agreement, the Board must obtain MDH's written approval. C. Risk-Based Inspections and a Uniform Inspection Program: MDH - EHS Delegation Agreement, 5/21-/2009 ~ _ g _ ~ ~~~ (1) The Board must license each establishment on an annual basis. The Board will establish reasonable license fees in accordance with Minnesota Statutes, Section 145A.04, Subd. 4(c}. (2) The Board must classify and inspect each: (a) food, beverage, lodging, and pool establishment according to the inspection frequency and risk category as stated in Minnesota Statutes, Section 157.20; and (b) manufactured home park and recreational camping areas according to Minnesota Rules, parts 4630.2210 and 4630.1900. (3) The Board will conduct inspections, respond to complaints, and document follow-up activities. The Board must: (a) identify and address hazards; (b) incorporate education into the inspection process; and (c) promote active managerial control_ concepts in food establishments. (4) The Board may submit to MDH a written proposal for alternative inspection methods and practices, in accordance with Minnesota Statutes, Section 157.20, Subd. 4, for use in the Board's jurisdiction. (5} The Board's inspection staff must maintain inspection reports that include, at a minimum, the following elements: identification of health and safety violations, corrective actions, enforcement actions, follow-up activities, and complaint response. MDH - EHS Delegation Agreement, 5/21/2009 - 9 - ~~ (6) For every licensed establishment, the Board must provide, at a minimum, the following information to MDH by March 31 of each calendar year in a format to be negotiated: (a) Type of facility (e.g., food establishment, MHP, etc), establishment name, establishment address, and risk category of each licensed establishment; (b) All hazards emergency contact name and information for each licensed establishment; and (c) Establishment owner name and/or establishment operator name for each establishment. (7) The Board must review plans for new construction, renovation, or conversion of licensed establishments. (8) The Board may grant variances as stated in paragraph 2.1, item (F) of the SCOPE, and must submit to MDH a copy of each variance within 30 days of the variance being granted. (9) The Board agrees that MDH may accompany the Board's staff in their work, make independent assessments of risk factors or hazards, and perform program activities in consultation with the Board as circumstances warrant. D. Illness Investigation and Response: (1) The Board will investigate and document illness and injury reports according to Minnesota Statutes, Section 145A.04, Subd. 6, using a protocol approved by MDH. MDH - EHS Delegation Agreement, 5/21/2009 - 10 - { ~//I~ (2) The Board will record and transmit all foodborne illness complaints to MDH within one business day via fax, phone, or an approved electronic method. The report must contain the contact information for both the complainant and the establishment. (3) The Board will have qualified staff available for emergency coverage on a 24-hour a day basis and provide anafter-hours contact number to MDH. E. Compliance and Enforcement: (1) The Board will seek compliance by using the enforcement tools specified in ordinance and written policies and procedures. If the Board's initial enforcement actions fail to achieve compliance, the Board will exert its enforcement authority by undertaking one or more of the following significant actions: (a) Seeking injunctions under Minnesota Statutes, Section 145A.44, Subd. 9; (b) Referring the matter to the Board's legal counsel to initiate criminal or administrative actions against noncompliant parties; and (c) Pursuing other enforcement mechanisms such as license revocation. (2) The Board will document each violation it investigates including the date of discovery, nature of the violation, any enforcement action taken, and the resolution of the violation. The Board will retain this data according to the Board's record retention policy. MDH - EHS Delegation Agreement, 5/21/2009 _ 11 ~ti~i~ Upon request, the Board must forward to MDH a written summary of such significant enforcement actions as those referenced in paragraph 3.2 E (1)(a - c). This summary will be forwarded to MDH within 30 days of receipt of MDH's request. F. Industry and Community Relations: The Board must actively participate in work groups, advisory boards, or committees that foster communication and information sharing to improve public health outcomes in the program areas as stated in paragraph 2.1. G. Program Support, Resources, and Assessment: (1) The Board will conduct aself-assessment using the materials known as the "Program Evaluation Protocol and Tools" at least once every three years. The Board will provide MDH with the written results of the program self-assessment at least 30 days prior to MDH's regularly scheduled, program evaluation conducted under Section 4 below. (2) The Board must make its program records available to MDH upon request. (3) The Board must maintain all licensing and inspection information in an electronic format and make it available to MDH upon request. The Board will cooperate with MDH to establish a compatible system that allows efficient sharing of electronic licensing and inspection data. 4. MDH ASSESSMENT OF BOARD'S PERFORMANCE 4.1 Program Evaluation: MDH -ENS Delegation Agreement, 5/21/2009 _ 12 _ ~'O A. MDH will evaluate the Board's performance for compliance with this Agreement using the materials known as the "Program Evaluation Protocol and Tools". MDH will limit its evaluations to no more than one formal evaluation per year, and no less than one formal evaluation every five (5) years, except when the performance of the Board warrants more frequent evaluation. B. MDH will use the following criteria for evaluating the Board's performance: (1} Whether the Board has exercised the regulatory authority delegated to it under this Agreement by adopting .ordinances covering the duties of licensing, inspection, reporting and enforcement of the statutes and rules stated in paragraph 2.1. (2} Whether the Board has established a written procedure for licensing, inspecting, and enforcement for alI establishments in the jurisdiction regulated by the statutes and rules stated in paragraph 2.1(A}, (C), and (D). (3) Whether the Board has inspected, licensed or permitted all such establishments according to requirements in statute, rule, or ordinance. (4) Whether the Board has enforced the statutes, rules and ordinances to remove the risk to the public in a manner that corresponds to the circumstances of the risk involved. MDH will evaluate this factor according to the following criteria: MDH - EHS Delegation Agreement, 5/21/2009 - 13 - ~ (,~3 (a) Whether the Board has identified and documented violations of statutes, rules, and ordinances; and (b) Whether the Board has determined a reasonable and appropriate time period for a violator to remove a hazard, has taken appropriate enforcement measures, and can assure MDH that the hazard has been removed. C. MDH will report its evaluation fmdings in writing to the Board within 60 days after. completion of the evaluation. MDH's report will assess the Board's performance to be one of the following: (1) Acceptable, which may take one of two forms: AcceptableZ or Acceptable With Improvements Needed, meaning the Board must make specific improvements that are enumerated in the report, within a timeframe that is mutually agreed upon by the Board and MDH; (2) Conditionally Acceptable, meaning that immediate, priority improvements are required. The Board must submit a written plan of correction within 30 days. The plan must include a timetable for correction and must be approved by MDH. Conditionally Acceptable status may be resolved in one of two ways: (a) The Board may be reassigned to Acceptable status if the Board makes needed improvements according to its written plan; or MDH - EHS Delegation Agreement, 5/21/2009 - 14 - /~~II (b} The Board may be reassigned to Unacceptable status if the Board fails to provide a written plan of correction, or fails to make corrections according to the written plan. (3) Unacceptable, meaning that the program evaluation has identified certain specified problems of a critical nature that make the program unacceptable. The Board must submit a written plan of correction within 30 days. The plan must include a timetable for correction and must be approved by MDH. Unacceptable status may be resolved in one of two ways: (a) The Board may be reassigned to an Acceptable or Conditionally Acceptable status if the Board makes needed improvements according to its written plan; or (b) The Board may be subject to Termination if the Board fails to provide a written plan of correction, or fails to make corrections according to the written plan. (4) Termination, meaning that the situation requires MDH to terminate the delegation immediately, and that all delegated duties immediately revert to MDH. D. If there are disputes concerning the evaluation fmdings that cannot be resolved through an informal process, the Board will have an opportunity to appeal its position to the Commissioner of Health. E. While the Board's status is designated as Conditionally Acceptable, or Unacceptable, MDH may conduct the plan reviews for new and remodeled construction of establishments under the Board's jurisdiction. MDN - EHS Delegation Agreement, 5/21/2009 - IS - 1 J'~ When MDH conducts plan reviews under this condition, the Board will pay service fees of $100/hour per inspector to MDH. F. While the Board's status is Unacceptable, MDH will conduct the Board's inspections and plan reviews. Until the Board's status is no longer Unacceptable, the Board will pay service fees of $100/hour per inspector to MDH for all inspections and plan reviews conducted by MDH. 4.2 Termination: A. MDH may terminate this Agreement for the following reasons: (1) The Board is unable or unwilling to carry out the terms of this Agreement; or (2) The Board fails. to demonstrate that it has carried out license, inspection, reporting and enforcement activities under this Agreement; or (3) 1Vr~DH has evidence to establish that the Board's failure to act poses an immediate threat to public health. B. MDH will provide to the Board, in writing, the reasons for immediate termination. 5. ®THER TERMS 5.1 Voluntary Termination: Either party may voluntarily terminate this Agreement by written notice to the other no later than January 1 of the year before the calendar year in which the termination will be effective. If either party terminates this agreement, a minimum of five (5) years must pass before the parties begin a new agreement. MDH - EHS Delegation Agreement, 5/21/2009 _ lg _ ~ ~ ~~~ 5.2 Mer er: The parties' entire Agreement is contained in this document. This Agreement supersedes any other agreements between the parties, either verbal or written, about the terms of this Agreement. MDH retains all fiinctions and duties not included in this Agreement. 5.3 Amendment: The parties may amend this Agreement only by written agreement signed by the parties. 5.4 Liaison: Both MDH and the Board will assign a person to be liaison with the other party. 5.5 Statutory or Rule Chan~,.,es: Successor or amended statutes and rules apply to this Agreement and are automatically incorporated into this Agreement upon their effective date. 5.6 Exclusion: Actions under the Emergency Health Powers Act (Minnesota Statutes, Chapter 12} are excluded from this Agreement. 5.7 Severability: A determination that any provision of this Agreement is invalid, illegal, or unenforceable does not affect the enforceability of any other provision. 5.8 Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and will not be responsible for the acts of the other party and the results thereof. The State's liability will be governed by the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.736 and other applicable law. The Board's liability will be governed by the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466 and other applicable law. MDH - EHS Delegation Agreement, 5/21J2009 - 17 - ~~~~~ The parties' duly authorized officers have executed this Agreement on the date shown. MINNESOTA DEPARTMENT OF HEALTH Dated: By. Commissioner of Health BOARD Dated: Dated: Dated: By: Its: By: Its: By: Its: MDH - EHS Delegation Agreement, 5/21/2009 -18- AGENDA SECTION: Consent AGENDA ITEM # 7 j REPORT # 16 7 J STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 14, 2~ 1 ~ REPORT PREPARED BY: CHRIS GIS, FINANCE MANAGER NAME, TiT DEPARTMENT DIRECTOR ~ .- REVIEW: SIGNATURE REVIEWED BY CITY ~ ~~ MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the addition of two antennas to the cellular telephone antenna configuration at the Logan Avenue wafer tower by T-Mobile. I. RECOMMENDED ACTION: By Motion: Approve the addition of two antennas in the cellular telephone antenna configuration at the Logan Avenue water tower. III. BACKGROUND ~ On August 1, 1996, the City of Richfield entered into a Site Lease Agreement with APT Minneapolis, Inc., predecessor in interest to T-Mobile, the current Tenant of the lease. The Site Lease Agreement allowed the Tenant to erect cellular telephone antennas on the Logan Avenue water tower of three arrays of three antennas. Accordingly, the Tenant constructed an antenna configuration of three arrays of three antennas. An amendment to the lease was entered into with APT Minneapolis, Inc., predecessor in interest to T-Mobile, the current Tenant of the lease. The amendment permitted the lessee to install up to twelve (12), rather than only nine (9) antennas on the water tower. The Tenant of the lease, T-Mobile, is now requesting to be allowed to add to two (2) antennas for a total of eleven (11) at the Logan Tower site. 0914T-Mobile Logan Tower Cell Antenna There is space on the water tower to accommodate the additional antennas and no additional ground space would be required. In addition, the new antennas would be painted to match existing color of the water tower. III. BASIS OF RECOMMENDATION A. POLICY • The Tenant has completed the required permitting process for the addition of two new antennas. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • Any costs incurred in the replacement of cellular telephone antennas will be borne by T-Mobile. • The City collects an annual rental payment from the Tenant based on the Site Lease Agreement. • The amendment to the lease in December 1998 included an increase in the annual rent in consideration for giving the lessee permission to install up to twelve (12) antennas at the site. D. LEGAL • The 1998 amendment to the Site Lease Agreement allows the Tenant to update or replace antenna facilities; however, Tenant must notify and provide a detailed proposal to the City. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Do not approve the addition of antennas. However, the Site Lease Agreement does provide for the Tenant to install up to twelve antennas. V. ATTACHMENTS • Schematic drawings of the current and planned antenna configuration. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. a ] e y 3 2 1 VICINITY MAP PROJECT DATA _ MFl00R IFA4 SRICE: NONE ' ' ~~ • tl1E FXIFMM IF/eE SPACE: 30 % 12 D Tnuu•..vx. ® ^ ^ • ^ ^ ^ ~ m' ~ ' Di M NgtNF/.ST 1/{ OF THE YJIIRINLSf 1/{ AlgPlm CTSU', HN L~gWePoYmxWNNF50T~ { Y1fsf, BENgI YNaL M6L~BSP' E ~~ GENERAL NOTES CONDITIONS OF USE PERMIT CODES AND STANDARDS PROJECT TEAM IAY u,nWe .i-sr-mo. ~B y 1. 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SECfHNi Axo F1fV 110N A1Po1]{t .....POWER MID GIIWMING RNl Y WN,NNOWN wm1 M lxqull0x aF WOtlc NTWY APT NOXM OINWNO ON 1N1CN ORKANL 0lTNL NAS CRYW! BVNK OfNDlE4 OETNL a ON SKYE DR WINO CtltdN! OEf. OEGI W COPf9t ql OU11HElt C2lE1AroR _ sfMllYw1 .. lRgnYW s1 R. SECIIM A E WH~IE IN~PRMWRENA OUR CABLE NR N0101 , Gd Wa. OW3pM11 FAIIL PIER 5( Sd11UPH-At 3) . ST EOUPMEIR RN! N!0 EIEVMpN STVIgYU-y1S(3) SgMIIA fWPYFNf PoIIILIIRIN RNI SBCOONS R UNR 1NE JOB a Ld1RElED Pq 1.0.C. WYFER CNIL6 Mf NOHI ~~~ IEIIFII ~S) qY. dYEN90N JB JUNCIHN BO% p1, pRYN qa Wq~T . . lo. Au WrammlclHx Watl! sFNU WFSnau ro M u.aa AxD tNL ~'' xaaE JKl1fiR) NR xoKY dWa gNNxc Kw HuDa6nYs) ~ ~ SdxUAI-56(7) . SIANONN SIZE IYPIghLEM OQNIS W AIL onRR GOhlMNG GOOFS, Algp WIM M WYEmtlaD A619gIEE 0006 1J11 BRY,1Rls Fll1oR dWR WNIRLfq! A SECTION E iEC. f1E CIdCAL yls ~TRwSfus~ yyRgl . 11 M WNIMCfOR MD ALL S URIIY dlE%ILE (PoWER/ T1W) GB. APf WNTIACIOR SE f]gAP. EWFYFHT H C IIDT IN CONRYCY . UBOdTMLTORq SWiL COWIY WDN ALL UOCLL CODE REGYGTONB ANO ygTE OEMRINF1af BW GARRET APT NqU dYWxc ON NRdI ORKRWt SEOIHN WAS DMWN . HOSE. HOSITG ~ ~ SdHWNRF 0 S ~ M ^ a NWSpoggtlNyWL) REWMTON6 No Dian, a 1YMa1R11 REOwWL1Hm. RC1Fx ro M WOES SECI1011 ~ ` Brs DIeRE,s NR 1x]MY B4N( OE1gfE5 SECTON a pl SAYE ONMNG 1 PIN4 R ~' CNR . gJWNR® P1C PoLmNa GIRDIIIOE GEV RFDEPDaE 4 AIANEga OEMLR snwwm-~e3 . sgxGlm .YnwY ,um cGK NsduATnx xges OF il1a tlEET. GolWww IOa fOA C01% N>1 Pow . RCPT po. dmuxD RGS law GMVAxYEn slm SOWU36)- 3 . S7ANU00 tYPKN. EauwENr 1Rdmc PW! vEW JEa sECnoN viars 13. M WNIIYLTge SNVL OBTAN AND MY FOR NtY R]W10, AMFNY YWMIWa PPE N'R VNUdR H,Y. IIOIIPW YEgL AY SWOLH LF UFFAI F£ET g Ln]iSS AND NSPEOIaXS NECESSARY FOR PF%ORYNICE M WORN ANO NLTDOE 1NDSE N M COST D< M AMTONI YWNTNO PPE BIWCNEf APi LTNId1T . 6 V SYNEmM YR 1EfN Tl 1EIFPIHNE sTAxgM-E35() . SRJIdN1 NmNM WI% (~UHaNG OE1NL4 STMIUAO- EE~5q~ ) STMIONH AMFMY CON( gNUnNG INSDLNKK WoRx ro M axNm. wNEgxoE etlWC s1rPPaRr APr vAUnlr MN. YHWAY I64R TWNpRER tlsc. IasrnlmEgls Tro nPIGL ` . I ~ ~ tt j s ~ w ~ i ars ~ • 13. FIGURED gYFNgONS HNE PRFIFDOHE OVER CPAWRIO 6WE, TMFaNG BRHGE Mf VMYgI! Eu. xor m sr.,~ uxomdmulaD O C ON CEx1ER NRT ST ,wD1 x . Po_RS w iE ssECPrw i s SPMIURO-aR(2) SIMIOND Gfxddl SPECPYATONS SHF£T 3 ANO OETAI ORITINOS N VE PW2FDYICF U'EN 9Y11 SCNE ORN11NG5 LNEGI( ACWMLY Oi NJ ORE7alga5 N M% BdOCf OYFJI EOVPYEM NqU NqU . . y R. %NE W YMTy qt WPE ' . . USIAETS SR%2FIOYLY NOIED. W NOT FABPIGIE ~ R% eRaz SUPPoRR NOIG NORY 0. REgRRFD WGIHDBROOF PFq SP. SOUAR iFET W~NII WMfHWR METFlt ~ SIZE 011 PERfORII ANY CCMSTRUCIHN UNR M ALGNA4Y Qi DINWx10 ONFNtl011y MYE BFHa HRIPKNf IOIIIIDOnI CpTRKTp CONIRNCTM Y YgWMIM~ ~~ UNO GNIF]S NOTED OTIFRN6EE VWFIm AOIf61 ACRYL FilD CREPAOILL 509IMK CCNIIGCfge WNUW1ne SPpS. SPECRHIIHHS 1A WxIMOHR SxY1 HOIiY M ENOREFR a- Nar Wril3Gls aR DAxRmNlae IRHFRGaO13xO elOR1l OOeTroLTOR CONIPACfOR SID. SINJ11gD s WNN M COxnVLT DDCUUars wm1 M WNRYOI DOWYD3IG AND M PEID CONdWIa PRIOR PoNOt 015i.OIRIDLT AM Y[1G eoR o0ellRlLrg1 CON111ACRIt ~ ~' aPTOP ro HEwnxG 1xE WORK N DULRROx. LWTm uTn11r uTRm T.OP. Ti S PANNG e ;/a/IB AFV6m ANRNWa PER i-NOBLE AWUERf 75P1W iqs. TOP a tlAe A T/ ~~ ~ m wa LiPrw ~~ • Y AnRwm uTUrc RmT w 1 p~Ftl a511m ~ ~~~ xonx Rxs DNRnRnlc NAS xor Bm1 PURatlFO Axo 1 xYRbT e.uy nNl 1xY Plm .P. WRRBaR. ,. nPWe ~P6 M ~.. Rr Isar ,..] a. t .y..Yw m ~ 044 63230 RICHFIELD WATER TOWER A7 P017 3 3-s-f3 AsaRLrs • a M SDIE PRORAIY ac TaloeEC - YxxDVala xwEr AxD a 1nrt To M e6tlHWeR 1GR TIEn A , ,1,~ usE ~ 6 tlY i am , 3iM LkwuM PrelAPllR~a qN1~ wa. nY aY{ a BN sew a IWAA.NIR. YW.Ra ° Jw NW a/6/lo PROJECT INFORMATION AND 3 3-la-tl AxmW11ADD3 • T •Mobile .• , xy N ,~ a ~~R;RE~ .~N ~ •~ W GENERAL NOTES B I CJWEFD NTHNLS WNL NOf tE REPROOUtm, DGPRD. IfMf OR 01NFRAAE gNOS ~~ f. ~,~ UD e/Nlo e b.IH• c1NIRxD ~~ ro BOPS FD aF oWVRLr a: NNECRY, xoR uam roR ANr RltlrosE omER nYx WHw rt a ...~ ~ eArO w ~•uo NW a/e/1o 7420 IAGAN AVENUE RICHFlELD, MINNESOTA ry ] P ~+~~++~~ MINNEAPOLIS MARKET. "' Y""` w ~ g ~ E A1P017-T7 8 G T«NKnYYE-mH xeH -m HKP H SnH 1nH ~~ e r s e a a z + mnTUC EasRIB an \~Q a Rluwm rxallYc ' _ rwl~dxA 2' - - _ xsm umn_ ~ ~' __ ___ T-voaae\ ~~~s~~ easnxo ~~ ~~"\~ ~~ r wse AYIE+eM (wr usEB) ~~ ~9 l / / / / WATER lOME1i lm \ ` \ \ \ ~ ~\ - ~7 y,{ (z) r-wear e'-a' wnB rarz ~, ~y~ (, { WATER TOAER lm BASE ~ ~ ~ p AYIBYYAs ~C1.O' Btlaaw EATAw o wArze+ ~__-_ ___________.. wAUnr~ir ~ pewq _ __-_ ' swsnxo / / __ ``+ 1N1FJe„a _ ~ I ___-_____ _ Ea,leB: _ aa~xuvE ~~ B snw //i~~ \ 1 \ ~~ ~ I \\ a °I~s'T1\ ~\ \ ~ +e'-0• x+oB aams 1iJ/~Brariw arc I l\ I ro runn Toaal T-YOBIIE ~ ~ ~ I--~-)(~ X~ X~~ x t ~I ' ~ I-E ANId~~ ~ EWBMB .T'I ~~ \ \ ~ gym) T-weae I I T-Y~Re ~ I I xpl qMn! ~ ~EY-o I i____________________' x - I I TBro e~OrcE ]eW (wT Vam) FWeWAR I I ~ , SEE F]lIARGED I ~ ANIpeYS ~ ~ BUR EWafEWf iWle).ATpN SFE OWC ate x I eR ] I FIeSTw 8'-0 WIRE MZ eRIBQ I I - ` / BnsnwJ \\ R°ul~'° ~F AMENYA ~ ,,xx ' ~ /~(z)o-o•u+ES I / ~g \~ / i i ~ I 1 `~ . I i ers t a \ ~~ / \\\ (Yar usm) / /~ ~ ~~,,qq ""/ / ESlsWlp ~-~\ ~ oesr. wYr ~ ~ ~ I J I I e e aesr. IIYR ~ _ _ 10 ~ F JaSa1 / jjj I I I eBU a ~ ~ ~ °~ _ um++rw // exo+e+e ~ i ~``J I x ; ~ I * i______ z ~~_IS ~ r-weae ApA151Fe ANIFNYAS ro EACC +av nasuYc r I I ~` . ,, _ wTas: +. umo CRaR[OIa wBlBm BYtr m WARIS B. TWn owWxo TIWT ARE cLBllBm wrtR M urESr Rm51p+ wrz A$ RfSUFSIm M T wB 1 I , 1 ~` ~ IAC - aE A 41E WAllf WAS wT YIAORYm. TIWWVOWC uTBlo aHROr wen THE ACPIRKY a n[ owawi oWwWps RROwoan m T~IOeIfE THAT wsRe usm ro calW+eT[ Txc wowcArnw. ~ ; i I x ~ 2 TXE SIBY\11eE ON TIEtE ORAa'alBS gILY CBA'ms T+BBE REYe TNT ARE ttOeaFD WRW THE WEST Rm610N W\lE I I i ~'~+nus+es z'-0 wloB . +o'-a• wxc ~ I I I I I x WAw,VUE BImSE t a. sraucnRri AYUrWB m onWws. ~ a. Blon wen EAWT wuYnlw IauTIOY ro MWn BxlsTe]o ANIQWMS un mIAe11Mf. 4 i i Iy w reR TawBR cauux ~ I I I ~w SITE PLAN X X ~ i X x~ vMI eRGED SITE PLAN ~7( Wiz'- -u A ~Ta-a 8 y(/le RlNSEp ANB]tM5 PFII T-YOBIE RmUFSf ar oYC -~ ~~ ~°'`M°' R CH + +H+-fl B5UFD R]R mxs-ra++claxi ~ rmAx TRe; owewc Yis xor am+ BueuYlm An 1 AW.M Rw+wr Wwt MY oW„ eo.Wa.awA «,.a„+ wsa.B M „~. a. aa.a as e " ~ 044 53230 I FIELD WATER TOWER Al P017 z s-v-n As-aaTS • a nIB sale rROrwn a r~+oaz - IWaa'Arols ww¢r An a Irxr ro TRB eouowu roW Ilan `°""~°'"""` I~ a~ Axo x m+WOwaax a n,x I ,,,, a ab' u ..a v,o+.reea EM,.. r,e. nW Ao a n. s+mW a w.e.m. ooo... aYY wa a/e/+o SRE PLAN AND 3 5-leil AIRFNN AWa ~ ~ ~ ~ ~ ~W T M ob it a TIE Am~i~ Mlrt Iw uo rms¢ a~ w em ENLARGED PLAN e ANiENYL,S nwr R was xor eB aowaB:m, EaAm. uxr aR on.]nsE wBQ9m a onECnr oR eawmcrtr. xoR ~ ~ _ r+. f Q~ ..+ suc oouxB w ~~ a/e/+o sW 7420 LOGAN AVENUE s esm tRAtY,'Fp ANIFNIMS ro eBBS Bem BBW AYf B+aWOSC OIIIFR SYH WRa]I R 6 RAeea+m. a/e/lo w a/a/w RICHFlELD, MINNESOTA r W awxm YBO0. Yr AIaQlNS MINNEAPOLIS MARKET `.y ....oWA ~s wim ~ ~~ ~A1 P0T7-CT 8 -mo eeo moeoo mono -- a - ) e s a a z l OOHING r- T_y0gEE -_______~ 2 aloxrs I ro~FAce ~US1° rws ANr FACING a I I lluc oRk y ~ 9i a mesnuc rkTFR TOa • m °~ W ~ ~ uwm soE of wwlwnx m ~ Is/la• o.D. UNOm SaR: p WATER TANK B wArER roam tECs ~ ~ Erarnxc ~~ y~ 10'-0. 1A WATEN 3 WB aE . B / aa' HEN loam DRr RISER 1 1/ae B2cIIaN t ~ (ExarJ tea NO ~ l-°a I E ANrfwlAe 9 AWUSIm C0A1f CAam 4 ro FAQ zm 5 \ c 1 a I I wNllvclae To xsrul 1 I PrtGP OSto caAt ro ~ Fauar BBISIINO coAA • CIPE IFWTN NalOm m FEET a IXIRA DaetE FDB F/w ANIEe11M. ~ - • Fw uaRE nwwlkTmx REiER ro snwawo DRAwac Bss F aaFw T m -uoallE AxrtxNAS FnsTrlc FAaN01W T-1pBaE ANRRkS • ro molar $ - ~ / A \ SECTION a 1+1a•.w Ilk REWIRENENIS R N0. IaPE ~~ lu®e¢1 R i Ram Ru eaxD vvl tzk/Tw a 3 Ram Ru sAxo ml tRA/Iw a a s EIWNDI513119 ours uM/1w a R REYm RA1 BWD GSM talAAllaA tOP ~: 6 RE1EC FlA1 BAUD 6511 aRA11l 10P 1, ANfdNA CURE laGT16 IMVE BFEI arOMNm BASm w TN6T: a E1W 100' INRTlOEO~ro 8E Uam F9R FARRIGRt~M~ D~IIE TO FIID WaRRIOMa ACRALL ANlalk Clwtf IfNCMS REOURm MAY VARY iRDY LaGllm N01R ) EFa'IW511118 UYrs UWIAIW 1W T/9UTATm. 1. aTFaD aOWEFRS woaTm oNlr THE PARrs w T1p$ a EIWa0n'Sltls ours NM/iW 1eP z Au wmurM/muc Dams ro eE caw Doom Ar TINFE (o) DaAaluc TW.T ARE c1ouDED wrtN THE uTrn R&mON aro LacLTwta usw 1/3• wmE we mcclmca )APE TM RmIa:51FD ar Ty1pmIE A u1B w/aR NAS xor FmwaeRO. w • mvwc uTao valllor wwx TNB ACCUaACY aF T1w aeaxrA m BASE a Tvap aev A TOP a TowTn (ANrOalA EpEy >H~E'lloo laa~ilola°m x r-MOeEC Two wEaE uan ro counElE 1o RSlrc Ru Bwo ml wylw zaa c AT wrs aMREr cola+mnw FaMr . 2 THE SOWTUIIE w THESE DANA1N05 ONLY Cams 1NOSE RF115 11 Ew110051M UMrs llk/11N tm' 3. ~IM / GD~G aIE S ~ ~ If115 fAWxOED IIMT ABE CaLLOFO WIN THE ulEST ROISON WR g' a ( ~ ~ p ' a. SRaIL IURAL ANAIrSTB B! 01XFR5, A lOP w rowTR (ANRNIk eaARl) wE EID YOGYMCAILx a. Rk1D NAiY OMCT MOUxrap lMA1M1N ro AYgD EN151NG COfNFL`im ro roap. ANTOYIIS AND EOUPIR]IT. B. BDITOY w rOwfR. wE ETa YECIIAIaCIdLY cDlalmm ro w011ND 80a. a W EST ELEVATION . 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MINNESOTA a/ °MN~D "nDa a N"vr«s MINNEAPOLIS MARKET ~""" ~ ~ M~ gg ~ NaBD At P017-E1 e 6 r eD NFO -m ana moNSa ~ \ ~_ ~e V `, Sect AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 14, 2010 Consent 7K 168 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BETSY OSBORN, SUPPORT SERVIC MANAGER TITLE :.~ ITEM FOR COUNCIL CONSIDERATION: Consideration of a request by Richfield Visions, Inc. for itinerant place of amusement and itinerant food Licenses, with a request for a fee waiver, for Richfield Cattail Days events scheduled to be held on September 18, 2010, at Veterans Memorial Park, 6400 Portland Avenue South. Richfield. MN. I. RECOMMENDED ACTION: By Motion: 1. Approve the request for Itinerant place of amusement and Itinerant food licenses, and 2. Deny the request for fee waiver, for Richfield Visions, Inc., for Richfield Cattail Days events scheduled to take place on September 18, 2010, at Veterans Memorial Park, 6400 Portland Avenue South, Richfield, MN II. BACKGROUND On August 10, 2010, Richfield Visions, Inc. applied for itinerant place of amusement and itinerant food licenses for the activities scheduled to take place at Veterans Memorial Park on September 18, 2010. The City has previously granted this license to Richfield Visions, Inc. for the Richfield Cattail Days celebration. 0914 Richfield Catttail Days Licenses They will be serving such food items as tacos, nachos, burgers, brats, BBQ pork and beef, corn dogs, snow cones, gyros, cotton candy, canned soda and water. The committee has contacted food sanitarians from the City of Bloomington to ensure that proper food handling practices are followed. They will work with Bloomington sanitarians and follow their recommendations for safe and wholesome food handling. Richfield Visions, Inc. is requesting that the City waive the licensing fees associated with this event. These fees have been paid in previous years; however, as a result of a member of the organization requesting that this year's fee be waived, staff is requesting Council consideration. III. BASIS OF RECOMMENDATION A. POLICY • The application has complied with all of the provisions of the City application process and meets the requirements. • City Code 1105.3 allows for application fee waivers for Civic organizations upon approval by the City Council. B. CRITICAL ISSUES • N/A C. FINANCIAL • Richfield Visions, Inc. is requesting the City to waive all licensing fees associated with this event. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request for an itinerant amusement and food licenses. This would result in the applicant not being able to conduct activities, especially those concerning food preparation, on September 18, 2010. • Deny the request for a fee waiver of the licensing fees. This would result in the applicant being required to pay all fees associated with this event. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Bob Houlton, President Richfield Visions, Inc. AGENDA SECTION: Public Hearing AGENDA ITEM # REPORT # ~~- STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 14, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME, TiTC,~ ~.i~ w _ ITEM FOR COUNCIL CONSIDERATION: Public hearing and second regarding ordinance amendments for 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 consideration of resolutions regarding summa publication of the above mentioned ordinances. I. RECOMMENDED ACTION: Conduct and close the public hearing and by separate motions: 1. Approve the attached ordinance amending the City Code pertaining to inspection and regulation of public swimming pools, and adding a new Section 619 for public pools; and, 2. Approve the attached ordinance repealing section 615 and adding a new section 617 for regulation of food establishments; and, 3. Approve the attached ordinance repealing section 1190 and adding a new Section 618 for regulation of lodging establishments; and, 4. Approve the attached three individual resolutions authorizing summary publication of ordinance amendments to Richfield City Code 619 public pools, 617 food establishments and 618 lodpina. 0914 PH and Second Reading of Pool, Food and Lodging Ordinances 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. First reading of the ordinance amendments were approved by the City Council on August 9, 2010. III. BASIS OF RECOMMENDATION A. POLICY • These code amendments are enacted to establish standards for the regulation of public pools in Richfield, food establishments, and lodging establishments 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. ALTERNATNE RECOMMENDATION(S~ • The Council could decide not to approve 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 • Resolutions for summary publication VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None q,l 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 4717.0150 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. "Poop' 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. q,} 619.05. Authority. The City of Richfield regulates public pools through delegation of authority from the Minnesota Department of Health 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: ~~ (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. ~.~ 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. q,5 (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. 619.23. 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. 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. ~1~ 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. q,1 619.29. 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. 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 y v. RESOLUTION NO. RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF A NEW 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 WHEREAS, the City Council has adopted the above referenced amendment to the Richfield City Code; 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 that the following summary is hereby approved for official publication: .SUMMARY PUBLICATION ORDINANCE NO. 2010- AN ORDINANCE AMENDMENT TO-THE ORDINANCE CODE OF THE CITY OF RICHFIELD ADDING NEW SECTION 619 PERTAINING TO INSPECTION AND REGULATION OF PUBLIC SWIMMING POOLS IN THE CITY OF RICHFIELD This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The purpose of this ordinance is to amend 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 new addition updates the City's code to comply with Minnesota State Statutes and 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. 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. 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 14th day of September, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~~ ORDINANCE NO. AMENDMENT TO THE CITY CODE REPEALING SECTION 615 AND ADDING NEW SECTION 617 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 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, packaged retail food sales, vending machines, mobile food units, special event food ~1-(D 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 submitted to the City at least 30 days intends to begin serving food. for food establishment license shall be before the date the food establishment 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 ordering a computerized criminal history inquiry and/or a driver's license history -i- 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 ~~~a (i) Owes taxes or assessments to the State, County, School District, or City that are due and delinquent. Subd. 2. Locations Ineli_ ible. 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 and distinct food facility such as a bakery, kitchen, meat market, grocery store, bar, or serving area facility on the same premises. ~-i3 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 fo 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: (a) High Supplemental Facility having similar food handling operations specified under Type I establishment; ~-i~ (b) Medium Supplemental Facility having similar food handling operations. specified under Type Ill 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. (b) A written employee health policy that details: 1 / I° (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 ilt; or (iv) Other control measures approved by the Health Authority. ~-i~ Subd. 2. Minnesota Rules, Chapter 4626.0410 TIME AS PUBLIC HEALTH CONTROL, subpart 2. 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 application must be from the party to whom the requirement applies and must be in q-~~ 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. ~-ig 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 been corrected, the Health Authority shall reinspect the food establishment within ~~I 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. -~ (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; q -~ 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 145A.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 14th day of September, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~-a3 RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO THE CITY CODE REPEALING SECTION 615 AND ADDING NEW SECTION 617 PERTAINING TO INSPECTION .AND REGULATION OF FOOD ESTABLISHMENTS IN THE CITY OF RICHFIELD WHEREAS, the City has adopted the above referenced amendment to the Richfield City Code, relating to changes in the City's food code; 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. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield that the city clerk shall cause the following summary is hereby approved for official publication: SUMMARY PUBLICATION ORDINANCE NO. 2010- AN ORDINANCE REPEALING SECTION 615 AND ADDING NEW SECTION 617 PERTAINING TO INSPECTION AND REGULATION OF FOOD ESTABLISHMENTS IN THE ORDINANCE CODE OF THE CITY OF RICHFIELD This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The purpose of this ordinance is to update the City's code to comply with Minnesota State Statutes and is enacted to establish standards for the regulation of food establishment 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. 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. 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 14th day of September, 2010. Debbie Goettel, Mayor ATTEST: - Nancy Gibbs, City Clerk ORDINANCE NO. q,a~ AMENDMENT TO THE CITY CODE PERTAINING TO INSPECTION AND REGULATION OF LODGING ESTABLISHMENTS IN THE CITY OF RICHFIELD, REPEALING SECTION 1190 AND ADDING SECTION 618 OF THE ORDINANCE CODE OF 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. ~~a5 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 Ineli ible 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) 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. q -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 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 '~.U 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. y,ti 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; l~ 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. 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 y.~~ RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT REPEALING SECTION -1190 AND ADDING NEW SECTION 618 PERTAINING TO INSPECTION AND REGULATION OF LODGING ESTABLISHMENTS IN THE CITY OF RICHFIELD WHEREAS, the City Council has adopted the above referenced amendment to the City Code; 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 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION ORDINANCE NO. 2010- AN ODINANCE AMENDMENT REPEALING SECTION 1190 AND ADDING NEW SECTION 618 OF-THE ORDINANCE CODE PERTAINING TO INSPECTION AND REGULATION OF LODGING ESTABLISHMENTS IN THE CITY OF RICHFIELD NEW SECTION 618 This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The purpose of this new Section 618 updates the City's code to comply with Minnesota State Statutes and 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. 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. 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 14th day of September, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~~ 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. 356940v4 LKT RC160-3 1 /x-33 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 Replication 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 356940v4 LKT RC160-3 2 ~ ~9 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) 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 356940v4 LKT RC160-3 3 ~'J~ (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 shal{ 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. 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. Variances. Subdivision 1. Administrative Variance Request. Relief from strict compliance .with the requirements of this section 618 and those parts of Minnesota Rules, Chapter 4625 hereof may be granted in the form of a variance, to the extent allowed by Minnesota Rules, parts 356940v4 LKT RC160-3 4 ~~~~ 4625.2355. The variance 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) the length of time for which a variance is requested; (g) a statement that the party applying for the variance will comply with the terms of the variance, if granted; and (h) other relevant information the City determines necessary to property 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; 356940v4 LKT RC160-3 rj -3~ (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. 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. 356940v4 LKT RC160-3 6 -3g 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. 618.19 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 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. 618.21. 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 356940v4 LKT RC160-3 7 ~~ 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. 618.23. 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. 356940v4 LKT RC160-3 l ~~~ 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. 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. 618.25. 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; 356940v4 LKT RC160-3 9 ~- ~~ 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; 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. 618.27. 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. 618.29. 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 356940v4 LKT RC160-3 1 AGENDA SECTION: prol)oRQd nrrl _ AGENDA ITEM # 10 REPORT # 1 ] 0 ~~- STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 14, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: MELISSA POEHL,MAN, CITY PLANNER ITEM FOR COUNCIL CONSIDERATION: Consider actions related to a planned unit development plan for the Lyndale Commons project. 1. Conduct a second 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). 2. Consider a final development plan and conditional use permit fora 90-unit apartment building. I. RECOMMENDED ACTION: By Motion: 1. Approve 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). 2. Approve a final development plan and conditional use permit for a 90-unit apartment building comprising the Lyndale Commons project at 6401 Lyndale Avenue, 515 64th Street West and 521 64th Street West. II. BACKGROiJND 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 091410 - 2nd Reading Lyndale Commons RZN & PUD approvals 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. 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. • The proposed development area is 1.81 acres. 1n order to provide an enhanced transit facility and enlarged boulevard area, the applicant has proposed dedication of nearly 7,000 square-feet of public right-of- way. • Discussions are also underway regarding dedication of land for a public "pocket park." The developer has expressed a willingness to grant this to the City if the City is interested. • Public Works staff will ultimately determine whether, and to what degree, such aright-of-way dedication would be beneficial. The final plat, which is subject to Council approval, will reflect the right-of-way preference expressed by Public Works. Similarly, the final plat would also reflect the input of Parks and Recreation staff and the Community Services Commission with regards to any parks dedication. Zoning Code requirements • Planned unit developments (PUD) are intended to encourage the efficient use of land and resources and to encourage innovation in planning and building. PUDs provide flexibility in the application of dimensional requirements, density and land uses if the proposed development is well-designed and can be successfully integrated into the neighborhood. • The guiding district for a Planned Multi-Family Residential (PMR) District development of this size is the High-Density Residential (MR- 3) District. • -The purposes of the MR-3 District regulations are to "reserve appropriately located areas for family living in a variety of types of dwellings at a reasonable range of population densities; preserve as many as possible of the desirable characteristics of the single-family district, while permitting. higherpopulabon densities; provide space for semi-public facilities needed to complement urban residential areas and space for institutions that require a residential environment; minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the surrounding infrastructure; and to provide multi-family residential areas that are safe and attractive." • While the development is not required to meet the requirements of the MR-3 District, it does meet most of them (lot minimum, lot width, floor area, height, lot coverage, outdoor open space, rear setback to residential). The development does not meet the minimum lot area requirement (148,000 square feet for 90-units as designed) or the front setback requirement (40 feet). The proposed development is 78,814 square feet. If the development were to meet the required lot area fora 90-unit building, it would not reach the density required by the Comprehensive Plan in this .area. These reductions do all for a visually interesting site that respects the proximity of the adjacent single-family homes. Underground parking and a reduced front setback allow for the building mass to be situated farther from the single-family homes to the east -making for a more gradual transition. A large open front plaza and tot lot provides greenspace for apartment occupants, meeting the intent of the minimum lot area requirement. • Parking requirement: ^ 113-162 spaces ^ Proposal includes 119 stalls with area for the addition of 15 additional stalls if parking is found to be lacking once the development is occupied. • General zoning requirements call fora 15-foot setback for parking lots abutting residential property. The area in which the setback is not met will be screened to 100 percent opacity by a wood privacy fence. The developer has discussed the design of this fence with the adjacent neighbors. Staff does not recommend approval of a fence taller than six feet. All other Zoning Code requirements are met (trash and recycling location, screening of mechanical equipment, provision of bicycle parking, parking lot islands; landscaping, architectural design, pedestrian connections to street, irrigation, etc.) Required Findings The following findings are necessary for approval of a PUD application (542.09 Subd. 3): a) 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." .The Planning Commission found the proposed development to be consistent with the Comprehensive Plan. b) 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. c) 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. d) 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. e) 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. ~ 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 developer has returned to a plan with one driveway on 64th Street, in response to neighborhood feedback. • The developer also expressed a willingness to continue to discuss the particulars of the landscaping with the neighborhood. The Planning Commission recommended approval of the proposed rezoning and development (4-3). B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • The required application fee has been paid. • The HRA and City Council approved the Woodlake Housing Tax Increment .Finance District in May. • The sale of 515 - 64th Street West by the HRA to Michael Development will take place once the rezoning and PUD process are complete. 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. • If approved, the rezoning will take effect 30 days after publication in the Sun Current Newspaper. E. ENVIRONMENTAL CONSIDERATIONS Final sediment, erosion control, and stormwater management plans must be approved by the Public Works Director. IV. ALTERNATIVE RECOMMENDATION~S~ • Deny the rezoning with findings that the criteria necessary for the creation of a planned unit development are not met. • Approve the rezoning, final development plan and conditional use permit with additional stipulations. V. ATTACHMENTS • Ordinance • Resolution • Proposed plans • Neighborhood fence request • Planning & zoning maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Michael Development Keui s~~. r~~ - ~ BILL NO.2010- 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, 51564"' 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 26, 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. l ~ ~d` 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..." 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 just~ed 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 64~' 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. /L' ..~ 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: (26) M-5 (E of Lyndale between 64th and 65th) Lots 3 through 5 and Lots X18 through 20, Block 6, Lyndale Oaks Addition exceot 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 Westl Lots 10 through 17 and the Northwesterly 25 feet of Lot 18~ Block 6. Lvndale Oaks Addition. together with that part of the vacated alle that accrued to said Lots b 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 shall become effective under the following terms: A) Upon notification by applicant Michael Development that the project will proceed, this Ordinance shall be published and become effective in accordance with Section 3.09 of the Richfield City Charter; or B) Upon notification by applicant Michael Development that the project will not proceed, this Ordinance will not be published nor became effective. Zoning of all properties will remain consistent with the existing zoning on the date of passage of this Ordinance; or C) This Ordinance shall expire nine months from passage, on June 14, 2011, should neither the above A or B take place. Passed by the City Council of the City of Richfield, Minnesota this 14th day of September, 2010. Debbie Goettel, Mayor ATTEST: RESOLUTION NO. ~o ~`~ RESOLUTION AUTHORIZING A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR THE LYNDALE COMMONS PROJECT WHEREAS, an application has been filed with the City of Richfield which requests approval of a final development plan and conditional use permit fora 90-unit residential development on land located at 6401 Lyndale Avenue South, 515 64t" Street West and 521 64t" Street West, legally described as: Lot 11, 12, 13, 14, 15, 16, 17 and the Northwesterly 25 feet of Lot 18, Block 6, "Lyndale Oaks", according to the recorded plat thereof, and situated in Hennepin County, Minnesota, together with that part of the vacated alley that accrued to said Lots by reason of the vacation thereof; and Lot 10, Block 6, Lyndale Oaks Addition, including adjacent'/2 of vacated alley, Hennepin County, Minnesota. WHEREAS, the Planning Commission held a public hearing on the request for a final development plan and conditional use permit on July 26, 2010 and recommended approval; and WHEREAS, notice of -the public hearing was published in the Sun-Current and mailed to residents and property owners within 350 feet of the subject property on July 13, 2010; and WHEREAS, the City Council considered the final development plan and conditional use permit on September 14, 2010; and WHEREAS, the proposed residential use is consistent with the goals, policies; and objectives of the City's Comprehensive Plan: a) The City's Comprehensive Plan designates these properties as part of a larger mixed use district encompassing the 66t" 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..." 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." WHEREAS, the residential use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the project will be located. The proposed use complies with the purpose of the Zoning Code to assist in the implementation of the City's Comprehensive Plan by adding additional high-density housing to the City's "downtown" area. The use is consistent with the intent of the Planned Multi-Family Residential (MR-3) District; and ~p,5 WHEREAS, the residential use is consistent with any officially adopted redevelopment plans or urban design guidelines. The Lakes at Lyndale Plan was incorporated into and updated through the Comprehensive .Plan update process. The proposed use is consistent with guidance for Mixed Use development in this area; and WHEREAS, the residential use is or will be in compliance with the performance standards specified in Section 544 of the Zoning Code. The proposed use will comply with landscaping, screening, architectural, lighting, parking, pedestrian circulation, utility and stormwater management requirements; and WHEREAS, the residential use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. There are adequate facilities, utilities and services to support the development; and WHEREAS, the residential use will -not have undue adverse impacts on the public health, safety, or welfare. Adequate provisions have been made to protect the public health, safety and welfare; and WHEREAS, there is a public need for such use at the proposed location. There is a need for new and larger rental dwelling units in the City;, and WHEREAS, the commercial use meets or will meet all the specific conditions set by this code for the granting of a final development plan and conditional use permit; and WHEREAS, the City has fully considered the request for approval of the final development plan and conditional use permit; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota,. as follows: 1. The City Council adopts as its Findings of Fact the WHEREAS clauses set forth above. 2. A final development plan and conditional use permit are approved for a residential development as described in City Council Report No. , on the Subject Property legally described above. 3. The final development plan and conditional use permit are subject to the following conditions: • A recorded copy of the approved resolution must be submitted to the City prior to the issuance of a building permit. • The property owner is responsible for replacing any required landscaping that dies. • This approval does not include the signs shown on the drawings. Separate sign permits are required. • That a final lighting plan be submitted to and approved by the Community Development Director and Public Works Director. • That a final sediment and erosion control plan be submitted to and approved by the Public Works Director. ~o~~o • That a final stormwater management plan be submitted to and approved by the Public Works Director. • That a final plan for walkways and sidewalks, both public and private, be submitted to and approved by the Community Development Director and Public Works Director. • That a maintenance agreement related to sidewalks, landscaping and park area be executed. • That a final utility plan be submitted to and approved by the Public Works Director. • That a traffic control plan for disruptions on Lyndale Avenue be submitted and approved by the Public Works Director. • That a final plan and maintenance agreement for the proposed "pocket park" be submitted to and approved by the Recreation Services Director. • That the property be platted. • Prior to the issuance of an occupancy permit, Michael Development shall: i. Receive approval and record final plat; ii. Submit a copy of Hennepin County's approval of the final plat; and iii. Submit a surety equal to 125% of the value of any landscaping improvements not yet complete. 4. The final development plan and conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 547.09, Subd. 9 Adopted by the City Council of the City of Richfield, Minnesota this 14th day of September, 2010. 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GRCMf p 6N G1Fm'm ~ ~ ae:60RP I ittE 5 eoS GiP pXY 4 fY Gmmµ! ! 60a CKipGp1Y Y ~ p1R40!! ! T,fE X Np C¢PKaG'"IlAIFRp, ENCEaf ! GiGOi! ! NO C01DIL19X MlWYa~ FYCFPL F C9E60M H IR1 ese GfEWXe! Iff 6+:o ID F¢M4pF f9e ¢µA1CµlOX4 Fp4 50. DE961Ua06 %x uXNUp w! aeainGnpX srssu leep'i wNm stgclr,~.mx atpmsr 1 p+E.w cDLMY oxwm EOtE: XN. Y, M p. (a utt CGX¢ fllmR MgaGt[ sar 404Ytl mx ma m m4s s]eaX mm +a 4: tf.4t PASX6 A D4pC SR£ 1xlDOi s+waX alE¢w' f tt1~E muap 90L9 µm FlNF$ O+4 fN, 5C, a µOaaR ~N6 mNaµnl4 YLPE 1xlX fE PA56Np A E]OD f.SK assmn ! rwE wcm 46X.4 q K p! ¢-w, miy w/¢) xm xnr se WIN lES4 n1V1 ]OL RETMID IN! 1 f34 5!K +~mw+elx+ as cc mrttstr. ?ere GiFpW! r stEX4 m aiEmm' i sa w>GVE sm i+xfw 9usm e+ mwnwrr n mx, z an x eFmXC ,wp IV.KN :9.99 9fuc a a tc,m m AT vu mF s!! mwemnx As sDEGmn pon nc NA1M8Y m sn x nc 9'nxas ]aa: a mE tnG'6X mom swu X[ Ltta rwr 9tolN ! Ps6ua! Em PpE¢Y]E SPA m +. E~x~ wFS~wm ~AaN~nFw~+o oeu a aan r~Ne~rGwxmr or u~sD~s PAW ~sn~w sue! l+eosWrn ~FO m eT vur me s!! mww¢uN O. xro NtCNC b MGIRD fOX ]11+E+4wOW x591Wwi. 5 mam m ACG cure-m tar ¢rA'~c x^me ! eEOm+e swu x tdlp trve~s eaRO oMEagt9[. L1Q_l TYPICAL PIPE BEDDING FOR RCp AND DIP cp+aanm Gana Pa[ !? IB A [F.PJNp Yx e'J X \ ~ ~ WXxW ,NNy+ X.FAH'Y 9aL 6E !-Ox+!• p! L3EVe+,] ~Uxq 6 6Aa1W 3, Pee Fnronmrt wmmu 9ws s a.n4 i oX cue a wrtme_ !o-v ro s, ~ eS ou3n~'~ixxxomlm uuruunxe ra rw~wt Pec Fra s rs Axp !n!a s¢xXx-xsaX wPUGm s' rm 4~us t~ ICkL PIPE BEDDING FDR PV - aun crux f-YIHa MwB P0p1tl x9l.9G x ] a,~s px rcs Tw xsu~ m ovxuP . 3 RlT CN CAq{ 99L wm L72 1 PiPE INSULkTION 65.0 F6' as sT~ 3 k xvr miLw ~ Cx:Y_ ~iF n' m+~ wP !~ _~ 4111NOT. 4W ~Z~L. ca! r+eaum¢escNrx .--..-.y......-r w. r'~~en aK1 µ-tCS. f. u!U+duW/MVµp Mt s K XMKx M 4' h f0M mim° ffr +wYnc ai~M1"+ +w Sec n wK ] wM~G+2µRM6 8x.. GW~I ~iYT6' [ %~IAL~ ENO IS® 0Nlm N1Y't ue Im(IGS s tam x1~ awLL Kf~n a PJ.BITJlas ~+- r. 8 NXWS t+1R WOrtR I~s"'a°1pp ~ SUMPMANHOLE OR I ~ i{,pYppgaiyp~i I smu CATCH &SSiN i iExTdr~wxpphK~w '~j / 7 1 SUMP CATCH BAS+N/MANHOLE B r- pwr.K¢ m FEES G6n+c I Safi lID H+x`~e[a 1pu K0 xN'E Otmtt fGBL cPm ~ a..t ~ :,,.o '. i ~ ari~°w"`Kw f~ I~ {r.ew+ tm r m! _..- :+-~°i.xi se+fn 39ttTKO KS+N6K~6- _.. - ~ ~ X. a]Xet a e• nxaal re,.+ M. -v-- r 1E fPSUr. c wan r 9w i 1 ,ffi wnrsc4n em4lu a~ ice aeax6n,K rn'no KX+auswn w5¢fl +pG!c0 M.L¢ W nR It[NP .era ,Mmes ro ff nXCn afv.N a XNCS. aA ®9¢ms ere r.ar+aES m bras .xaa 41014'8 V4 LaK: 1PYLF wfe .w+i f:R MIYnB- eiwiflS BNtf µn0 KI al b'Pp b 86W fW5!eNiaMf S! WCF 1lvt rUM6 I ~°~ STORM 3tnNDARD a G~aatifrmn /^~MA1dl1CXE '/ lles+~e+cGVA~a ~L~~1 S~TOR~M SEWER MANHOLE `J C pgtlM Fnma naa L fn4mF nm iKE + muff nsw.msaa wrym sAfsN L 6-xIN Pplitn+ PaE - s9a9aE tie PEc ~~~ BE PRQ 3FD IAIPe 6' nasm. ~ tf AX' EM ~~- __- „<.:. ~~Yp.. :, , :.e .`s'tlkfKFEp BkIXiYL p plxN 1u PKx J HOGXC LmANC 4 .,. IXuMH Wa R C - Lla F-5.nSmV n1+3A W. E9rlrAL Nu C1fi WM iNPMO aQK D - µaNEDY SOU.UF3u a Emu. GSi FMI T!F) G 5fM. ST~xOE# fµnXC kFF£.,t µ!Cµ9 l4 FWdL & mFn'm ~ rt~ ,x.T ra an iNOx nuwESZ) TNflXC n~F~t "~xm~ n 110N II am vaY CaG9ElE mAUSi 4 ¢090X6 j'.':;+: j7'r lF~'aJI~LL 6RSX¢AA cevsmvem Gam e• serous C91CRElF ffi~t _SECIlP~ L~ WA7P.RMAIN WET TAP (TYP.) (5. nmuami Fxx ~ a GXIX "' "' 22 t /2' DEND ~ GanF 1J.~ /~. / ; P I1C..FD ROc ! w~ix fsifs ar95urt s pas. e ~o,„': a w arm a 9Ga o-sm maN ws G®s r srcngqn~~u$$ a-a t~.I~i6kX6 N i1Y] A9E pYEO dl A ws! PXF9wKE G +Sp D.L, 3. .vss9aA'~ 10Yuac°aE 9Rupf ~riux AKaa o E4Vl m OA 4µ¢R nut X9. 9LBEx59X A1.V6A1 SIaUµ eE M IM2 A4 PCSS~IE XIIIIO6i xrraPtrX+6 Krcx era. xxn. ApPo~i uNpol~wlp0cw~ wr uAar u uxc .a rWN s vu6r PPE 34N 8sw Ia Bmf [p 9M SaE ! 6 f 0 C tY Td 1'-i0' 1'-5' Y- Y Y-' Y-+' i'M' Y-C' Y-C +'d 3'-0' Yd ' 1'd Y-P 6'-10' 3'-iP n'-!' !'d 5 , _ ~ Mts ,~ a: CMG POft9 '_ _ € BE Y v P w4OKyD, - . - PNE W 4WGAJ 9F~-a RN¢ 9 MI5 S~Wl B[ GHG' ~ - Y pa0lf8 0ro0r0. ..5: ~ E@E E@E i iA. ( FEFN!'F~Tf' h I E IE PI1LT amIOY DI2 0 xF16Y ~ ' Y E • ~ xm P ¢w 1RNCH AN- ~, m.G~¢ WFIXgmLY. . C ~'+'t i a A~, 9.i FEH¢ wm1W9 Na NmxvnG ]NUA aNFa!! m ra :. 1 ~ ..~ '~ - i i'v<., I TkrloN FENC,~_ e , ~ 0 ~,If'J~LC VVefaVGGS - NKL€49R!@pSS~ X'~xk ~~ wfaa: s!9 » POSE mrx arac sera n~~fE't'~Lffi R1'y@1Q~' ~ ~~+ !m+ ro 3 xpi owc~a sa at• Fs c s~~: effiF~mL~ D ~`~ a~t~srS6ewfftE4 L ~~ +:, 9APE~ ~~+:I SLOPE ~~ M`AI p i D pwcRa m+9tn nmK RL.'tlli ma19 Y~ ~~p~ -= ~~~ ~iw.9 w+6m a s7 ~ w9 umx a +3 Fm. ~ I ]. F¢+aN' 1u err, sw5X9ln prawn x9 aru sT.wa~, fElWE i ¢Fxl sµ915 Ox 1 prat aK! OA NOK[ faE¢FXItY r R:OJe51Ep !f C9l, wiE@® p6Aa'T d ip'a ^ BS$L®~47a:iCJ' L2.1. BERMED ROCK CONSTRUCTION ENTRANC ~9~gA0 C5. WNRYlP°~~' E~ts~ -_ _.__.. __. _..._ _ _.. __. _..-9~P6eG- _ ___._ __..__ _ ~_ aGaz~s~a F~Y~~S Srcnt Ioi~kdBC C F9Cf ",~~ 6Fe~v®[9sFa ~ Ft~i6C B Lb 1 THRUST BLOCK DE7AI FOR MP('uaNi~al PIRG R6NDC ,•! x gym. b 1 rh Oda axElXp nio ".X ~~ ~+ AE6+A / +8~ W4• ~~~lµki'd X-µW-pX NPE C +zcwa am ~` rrs ~ O.C(64 C9lFDI Ka{lt Pae~ 1tµ SEpeR m SICBI TµL' pm: I,K~S L~ 1 iBUI~IN~G PERfMEfER DRaiN TILE 6 TP,EN 1 AIN DEi'A~_ '' C~5~ ui 2 ~ 3 ~ 4 m vo~i x(n' oh sn~ ~ De wxu mwx'c pm ueoE n.Kpw nXaXS lro ~ xam~ anati wRf]e! FlulE NM9D1 Ciw]n CGabE ROCK c1gW CQa PdW GD lK. + !! ~~ w~ q 99f0 . 1, xvd p9lawt ttiKftN POFIS q 4', µ G1w E Mt N4Y HvYD OX Gtll 94". ~ 2 Tµi aR 99'A4 x15 L:ti! pltEp A41/0t E'-,i~~ S L~Pfi YNF FCiF9 N~.~fEMYt if NSfflEL f91 ~~ nT r~¢ ~,w LS 1 INLETS SEDIMENTkT10N PROTECTION OPTIONS C5. 5 6 C B ~~T Ff1~ C~SEREIICI FAN a m.n.am ro tT~c gr ms4su XAk"xid Aw 30aL IPFU'A9n nk t0+52W G: K4 ~' ~ A i~ c~~mE~~s ~'~ I Dp. cl'1W 9En4 nn Ass`cn rata ssgaa E D C B A F t 3 2 2 3 ~~ ~"~'~. iY N0u fAtt ~ ua Nk-E s Fac E L/ Li~i~w 464MWYi.iM,tfgAVFn wW~f9FenW5'.?~[~45 K ~ 5~ ~..w ~+~r~i ~ «~+. i 1¢ mm ro r t av~5rzi !HSn~a SidRUnz:rs. YA2 ~ iii MS ~ ~~~ ~m r upe ac wsis sa.: ~ swtso n is :ni m: rala.ro n nc - co^venn ii x: ier. v..rs ua.iu Grua ~ nuo a:ran e~~ vALVe aax ~ ~~ ~; ~' ~+ INSTAU-ATi6N i I ~~ f 4 VA VE BOX INSTAI CATION C5.1 m , wi[9: nBE YR itSR ~1Q .5^P. F5i F mia n rapiN.' tE !MW V.NkW E M 0A21C'.Yvt# KJRARYw~.1R- S~iii6F ly'fiR l i*M.niOiRlx RR NF N5-615 IXt ~ f¢Yl 5 6a(Et NEIL b ISfri! 6.P . ID SR lM1M.' K 44P a13P4 f~Y. G V wWfi FGF i~+°'~t~Ta `"~~&JYOR6'RP WntiC YfETiY~ 14Ri ri 5*M[i ~ ii+t PBYR W Yai~G L%~s[IC fl f,R[Hi5 SWflL W R RR5 MQ11F Sf56 R vu6 F i0+~'4 bYL L 4%P•S M¢ ~m[ R'J5a[! R'i tl ~j96C1i5 M6'J~iFa. F 1• QF ~~'~ TYPICAL WA'iERAWNI n `0a3 ctt ev ~a EKSt~ARli CrvS!CM ~ ,~~ PLUG TYPI A WAERLSAIN PLU 3 5 e ~~ I le ~~~ 1 - ~. i ~~ • w-~--=-~ , ~. Y ~=~Ci , :[ yKfe. ~i[S. \ I! lwie' ~ sx3c wvrrt r~-~- e, c ~ 4~n ui a cadi~ue I I j rv- J Y S Airp l I i~' I ,~I 3Q'!SERIES AWiHOLE I ~ i•n~a'~;~I Duo ' R ~~~ vnrnco~cEUE r t~SERIES 301 A~ANHOLE~ASII[9S:_ ~.-5>ervm~ ~ff~~a«K~ ~.~ wttvR: ~„ , .. Y~SRhi .... ns~R•iuzce n+wsYrc per. .t iW~ ~} Clw~~af6itl YY 2 tt~P~ ~- 36CSL ~_rpt[eV ftRYIWfl ~~ a* i[, ~~PM'b5 III I IY a Ca9 wra R w a+°;: °`°~uu xal c x ~ma.s. a v .mxe rnvitt muls wt xonai i a~ KS .e: wu tm pan m ~•'•: •1°'":. ~ mw¢ P[R5 pN10.^ IC F5 Ne Y UB2f aYti PO! S 15 rxn[ rim K`.WQ 61..v4XR ''CATCH flg4RLMANfS1iE ~ J CRt GPCIai[;b m2 WITH REGTAfKiUtAR LID 4~ ti ~ E~'~~ ~I (~ ` ~~~~~ i q~~ .II '~ II I ~.~SIR.~~,~..~a~5.~5~R.~5R.5 ~~~; ~ ~~M~„~i~~.i,.i :~.~ ,~, ti r ~Rx ~ ~a ~,5,~5 ': ~. F ~ ,R~,~ d& I e.u. i ~M°~r ~ ~.~ xw i • `~\` f~ a„„ ~1 tl~~ ..~:.a':'~'rc~r~"` 'nom 4DIXE CDNNECii0N0' :arv~axatac ' ~ HW>~SERNCE4 .~ f 5"°°swwar~x~ 3 S E CONNECTION 7 4 I 5 ~ 6 Id.G~n~ E'er _ E t Y Ea ~. - E 4 C>mEF'~1LE6Y~ I'A ~ ~~r~ € C1ID Y~~`.'852ffiKN'pE5EC8~' P4~ i=s~sam~m®s~%~ F1F[d55~+RS4~R~~5E:L^wEE D p ~~` ~~ B B \~~' > ~ I I 15.1 A 85~3~10 PJHXNG kT iO.IV A ' 'C&6IAfFiN4 Nrrn Rs iolrao Ctl PK. RL q ~a ~ rx A ~~ CNIL ~tl'BilLs C~.1 / O r s ~~ ~~i' f k e E 1 IE J 2 3 4 5 i I ~i ' ~~,~. .,~~ ~ - w~--°~- I i ~ ~I l.a xin , ~ R 115E Iy ky a 4.'ao9o,. `\ ~~ -~-~ .r- I T W. ~J ~` ~a ~ vf~ .~ _ ~~ ~ _ ~\ ~ ~~ .~}\.~,a~ °I ``~9 ~~Y \~ ~ ~ L .a. ,~~ ~. ,m .,. ~.t~ --. _-__ ---.e.,~--- fi EXISTING CDNDTIONS C6.0 'w c c. ~ %w ~`, EXISiiNG DR ANAGE h RFAS awanE wEA wuaas rRU aNae w rbau AvA b our ecrs! cram n uT . uxEt) USA VaYS) - a.o* 5.99 RaJ1Na rya au e.u aas raw a am aN ow ras aab a.u mru r,u em aa. as loss ass9 ~w .Re;ess ~~ _~ - _ I ~ \~.: ~.: W»u~~ a~ ~~~~~~ 2 k ~~~ .~ \~,~ , ~ u., \~\~~ ` sY I \ \ I .. ,, ~q~ , ~,. ..,~ - i m ,~ 6 ~° 'I ~~ _, J -~ ~V- - f ~ "a I ; ie. 1` . ~, STORMWATER RUNOFF SUMMARY a-rx srax fvs) auavP larsl lo-m srosx fE.ls) xRnr laF9 Im-Ma smvx lsAYl RuxsF (as) nmTRa sle asa foss fus maPoEm slot eaa ,om 1saR PROPOSED CDNDITIDNS C6.0 PRO PDSED DRAINAGE AREAS owaxnIIt xaEr, sec~aoua MU. 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R%uilb , ~w >~ eROSar em me nE uc a Ts v»eeG RECaaa: A at?r a Tln oxuxms Iw¢ talron ~Qetlmu aosceTw %eoa¢ rca mn+ wacetRauRa uo sacmE esaxsu rfa xm xw mcemw a: ,RSS ehx aTalRo-nrx tmmen mlrtlwa r Exb ~rawnm mew ware aver eve RxErtaofa A~ a: iR sa wRx m waxmmar fu.arti nc >ROeram arta sA~k¢Aros.~COn~'RXIm~a to pp[(7ap~a/uwfk~%4Yac k0 9.wE ro a rmr ~ oaf oxoN. n~a m~im% ~mreE~tT m n~a eI~PoIK u~aia ~ sTm a~ttt~lME A~uIF~. APha SeNEm1A Pawua UdTAn nEXGYa FAaR n M naC Ellltt, rf VCCrOA'S ~ T4uav1 temii Gb SFM1YlMALWU~ ~N ux~TiE?I~16~ Ads' GiM B~'.5 wu afllAlttrlni IaT A[ IeM1IG.Nri IbR rFxGE OR WxtNClIXta NRaaL 19A. 4~ ~Y q~Ci~Ot EG~Wtmtllq A RICHFiELQ. 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AGENDA ITEM # 11 REPORT # 171 J STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 14, 2010 REPORT PREPARED BY: KRISTIN ASxER, CITY ENGINEER NAME, TITLE DEPARTMENT DIRECTOR REVIEW. SIGNATURE REVIEWED BY CITY MANAGER. `i/~~1? i ITEM FOR COUNCIL CONSIDERATION: Consideration of second reading of ordinance and code amendments relating to the enforcement of the Minnehaha Creek Watershed District Rules B, C, D. I. RECOMMENDED ACTION: By Motion.: 1. Approve second 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. Approve resolution for summary publication of an ordinance amendment to Section 428. 3. Approve resolution for summary publication of an ordinance relating to wetland protection. 4. Approve resolution for summary publication of an ordinance relating to stormwater management regulations. II. BACKGROUND Maintaining Re uc~ latory Authority 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 091410StormOrd finances 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 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 Districts 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 ofbuffers 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 in 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 Rulemaking 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 A. POLICY • The City Charter general provisions on adoption of ordinances require a first and second reading on ordinances. A public hearing is not required unless a separate statute, charter provision or ordinance requires it. 374506v1 CAH RCi60-4 • 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. • The City Attorney will be available for questions. E. ENVIRONMENTAL CONSIDERATIONS • The MCWD strives to protect, improve and manage surface waters and affiliated groundwater resources within the District. The proposed rules support this mission. IV. ALTERNATIVE RECOMMENDATION(S~ • The Council may choose not to approve the second 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 • Resolutions for Summary Publication • Watershed District Map VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • None anticipated. 374506v1 CAH RC160-4 ii ~ 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 aroiects within the Minnehaha Creek Watershed District jurisdiction shall include anv additional information required 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 f 1'~ 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, "~ ~+ ~^ ^^ ^^.,° '°„c +".,., ~ nn f°°+ (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 /~ (j) 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, .,.,,,~'°~of ,~~.p~ ~~ ,.,;+h.., +°., ,~.,.,~ °f r°~°;~+ h., +h° ,...,n°r. Failure to maintain ~ r ~ these measures shall be a violation of this Section. Subd 3 The Citv may reauire an applicant to provide a bond or other financial auarantee in form satisfactory to the Citv to auarantee the installation and maintenance of erosion control measures and compliance with the reauirements of this Section. 355011v2 CLL RC145-364 I I-`~ 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 i~~5 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 RICHFIELD 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 1 ~~ 1 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 ii 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 ~i,~ 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 RC 145-364 2 RESOLUTION NO. tl ,~~ RESOLUTION APPROVING SUMMARY PUBLICATION OF ORDINANCE NO. WHEREAS, the City has adopted the above referenced, amendment to the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. AN ORDINANCE RELATING TO EROSION AND SEDIMENTATION CONTROL REGULATIONS; AMENDING SECTIONS 428.03, 428.05, 428.11 and 428.13 OF THE RICHFIELD CITY CODE This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The ordinance. amends the permitting process for erosion control permits by requiring additional information for projects located in the Minnehaha Watershed Creek District, in order to comply with that District's regulations. The ordinance also allows the City to require an applicant. to post a bond or other financial guarantee in order to secure performance of erosion control measures. Copies of the ordinance are available for public inspection in the City Clerk's office during normal- business hours. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of September, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 374506v1 CAH RC160-4 ~i,~~ RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF ORDINANCE NO. ,RELATING TO WETLAND PROTECTION WITHIN THE MINNEHAHA CREEK WATERSHED DISTRICT. WHEREAS, the City has adopted the above referenced amendment to the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and. the expense of publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: . SUMMARY PUBLICATION BILL NO. AN ORDINANCE RELATING TO WETLAND PROTECTION; AMENDING CHAPTER IV OF THE RICHFIELD CITY CODE This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The ordinance amends the code by adding a new Section 427 regarding wetland protection. The ordinance adopts the Wetland Conservation Act (WCA) and rules by .reference. Any activity that requires a permit under the WCA also requires the establishment of a buffer around the wetland. Wetlands excavated within the Minnehaha Creek Watershed District must be replaced on aone-acre-for-one-acre basis and within the same subvvatershed, except that- improvements to a degraded wetland may be considered. self-replacing. Copies of the ordinance are available for public inspection in the City Clerk's office during normal business hours. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of September, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City. Clerk 374506v1 CAH RC160-4 ~~ ~~~- RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF ORDINANCE NO. , RELATING TO STORMWATER MANAGEMENT REGULATIONS WITHIN THE MINNEHAHA CREEK WATERSHED DISTRICT WHEREAS, the City has adopted the above referenced amendment to the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. . NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. AN ORDINANCE RELATING TO STORMWATER MANAGEMENT REGULATIONS; AMENDING THE RICHFIELD CODE BY ADDING SUBSECTION 429.06 This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. This subsection establishes a buffer area around wetlands within the Minnehaha Creek Watershed District for the purpose of protecting water quality. The size of the buffer varies from 16.5 feet to 35 feet, depending upon wetland size, for wetlands of less than 1 acre to wetlands up to 5 or more acres in area. The regulations prohibit excavation, mowing, and other activities within the -buffer area except specified activities that promote buffer quality. Copies of the ordinance are available for public inspection in the City Clerk's office during normal business hours. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of September, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 374506v1 CAH RC160-4 0 Q N O 0 0 0 _~ uo ~ ~ ~ S 9 3 S S 5 a J _ iv ~ 4 5 s S XERXES bZC WASHBURN r~~ a$ ,, VINCENT UPTON ~ M M ~F THOMAS SHERIDAN RUSSELL 80 -s5 QUEEN PENN OLIVER ~ NEWTON (~ e~ 5 M ORGAN I I{ LOGAN V - '' KNOX C ~ " ~ _ e JAMES IRVING ~~7 HUM BO LDT GIRARD Q =~px '~ FREMONT s~ ~~ EMERSON $ Q DUPONT COLFAX BRYANT '~ 3: ALDRICH LV NDA LE '' ~ ~3s , ~ GARFIELD ~ ~ .~c HARRIET `K ~ C G GRAND ~, ~ ~' PLEASANT PILLSBURV " ~ WENTWORTH V/~ ~ vC tyt~ ~ ~;k BLAISDELL -. r~^ ^~~ '^,S €3 a sa; NICOLLET ,_~ STEVENS 2ntl `6 3rtl p~§ 3'° 3 CLINTON , "'' x am ~,'-, ° A a" 5th y • €~=a2 PORTLAND OAKLAND PARK COLUMBUS ~ rTE 1.'~I :IIlFI I7 ~ ~i (IlL ~" ~ ~i :iLt'~ CHICAGO "'3 ~r.~"'i f{ TTTT9`1'1 R~T"'gm' ~' ^~'~ .'"r^ ~ ^^`1 ^'1Y: T '~°t~i'. '~iT'! ~ T'P' "'~Tx°''°' `r'T~"' ELLIOT tOm rim 8~s izm 13m 14m ism _ ~ BLOOMINGTON ' 33: i6N - erf ~ - rim ~ ~ ~ e ~~~ n r ~, W ~ m ~ rn '`m z ~ ~ O ~ ~ s S n a ~e °c ~c rK 9 3>y IN r A h=~ Y 2 3 ~,C 'i S 5 9 S 5 n ,. 3 S ~ s 5 ~ ~ a a XERXES WASHBURN VINCENT UPT ON THOMAS SHERIDAN RUSSELL QUEEN PENN OLIVER NENRON MOR GAN LOGAN KNOX JAMES IRVING HUMBOLDT GIRARD FREMONT EMERSON DUPONT COLFAX BRYANT ALDRICH LVNDALE GARFIELD HARRIET GRAND PLEASANT PILLSBURV WENTWORTH BLAISDELL NICOLLET ,_~ STEVE NS 2ntl 3rtl CLINTON 4m Slh PORTLAND OAKLAND PARK COLUMBUS CHICAGO ELLIOT 10m 11th rzm 13m Tam ism BLOOMINGTON ism ism iBm CEDAR ~~~~3 n O I ^ ~ ^ i ~i ^ ^ C/~AJ I ~ ^ ~~ ^ ~-° AGENDA SECTION: Re of ion AGENDA ITEM # 12 REPORT # I ] 2 ~~' STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 14, 2010 REPORT PREPARED BY: MELISSA POExLMAN, CITY PLANNER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE ' REVIEWED BY CITY MANAGER: , ITEM FOR COUNCIL CONSIDERATION: Consideration of a change to the text of the Richfield Comprehensive Plan related to implementation. The proposed amendment will allow the rezoning of certain properties to be deferred to a time when redevelopment is likely (as a result of multiple properties being assembled), as a means of limiting the number of single-family homes that become legally nonconforming. I. RECOMMENDED ACTION: By Motion: Approve a resolution amending the text of the Implementation Chapter of the Richfield Comprehensive Plan to defer the rezoning of certain properties. II. BACKGROUND Comprehensive Plan Implementation Requirements In addition to the requirement to prepare and periodically update a comprehensive plan, State Law requires that cities amend zoning regulations to comply with that plan (MN § 473.865). In Richfield's case, there are approximately 600 properties that are zoned in a manner that is not in direct agreement with the Comprehensive Plan. Over 400 of these properties are currently zoned R (Single-Family Residential) and are being used for single-family residential purposes. The Comprehensive Plan guides these properties for a variety of higher density residential and commercial uses. 091410 -Comp Plan Text Amendment In response to concerns from affected property owners and policy-makers, City staff has continued to evaluate and discuss options for compliance with State Statute. Discussion with Metropolitan Council .staff, the City Attorney and staff from the cities of Minneapolis and St. Louis Park has resulted in the proposed text amendment. This alternative will. maintain the integrity of the Comprehensive Plan, a Plan that involved years of work and significant public input, but defer the rezoning of certain properties in areas that are not targeted for redevelopment in the near future. Staff proposes to identify areas in the Comprehensive Plan that are not anticipated to redevelop in the near future as "transitional low-density" areas. The Plan would state that the zoning designation of these "transitional low-density" properties would not change until multiple lots were assembled and redevelopment as defined in the Comprehensive Plan became feasible. Metropolitan Council staff has indicated that this proposal would be acceptable. Further, Metropolitan Council staff believes that this change would be considered a "minor amendment" given that the actual designation of land within the Community is not changing. Proposed Language Chapter 10 -Implementation Pg. 10-4 State law requires that zoning regulations be in compliance with the Comprehensive Plan. Following an update or amendment to the Comprehensive Plan, the City has nine (9) months to review and amend its Zoning Code to bring it into compliance with the modified Plan. T~picafl-y; te-' ^m^rek~~~~D1ara-The City of Richfield has determined that the creation of nonconforming single-family homes/uses should be avoided except in areas that are targeted for redevelopment, as determined by the existence of a redevelopment document or plan. Single-family properties that are not within one of these designated redevelopment areas shall be deemed "transitional low-density" areas and rezoning will be deferred until multiple lots have been assembled and redevelopment as defined in the Comprehensive Plan becomes feasible. III. BASIS OF RECOMMENDATION A. POLICY • Current zoning regulations do not adequately regulate development to be in conformance with the Comprehensive Plan. • MN § 473 requires that cities amend their Zoning Ordinance so as to not conflict with the Comprehensive Plan. • The proposed language was created based on discussions with the City Attorney,. Metropolitan Council staff and staff from the cities of Minneapolis and St. Louis. Parka (Language used within the Minneapolis and St. Louis Park Comprehensive Plans to meet this same intent has been attached for reference.) The proposed language will meet the intent of the law and is acceptable to the City Attorney and Metropolitan Council staff. If approved by the City, Council, the proposed amendment will be sent to adjacent government bodies for review and comment. Adjacent jurisdictions are allowed up to 60 days to comment.. Following the adjacent jurisdiction review period, the amendment will be submitted to the Metropolitan Council. B. CRITICAL TIMING ISSUES • State Law requires that the City's Zoning Ordinances and Comprehensive Plan be in agreement. • There are 153 properties that are currently zoned R (Single-Family Residential) that ARE within an existing redevelopment area (identified as Penn Avenue Corridor, -Lakes at Lyndale, Interstate 494, Lyndale Gateway, Cedar Corridor). Under this amendment, these properties must still be rezoned. All but four of these properties are located in the Cedar Corridor. The other four properties are on the west side of the 7500 block of Gartield Avenue. • There are additional non-single-family properties (135) that must also be rezoned under the proposed amendment. C. FINANCIAL • N/A D. LEGAL • A public hearing was held before the Planning Commission on August 23; 2010. No members of the public spoke. • Notice of the public.hearing was published in the Sun Current Newspaper in accordance with City and State requirements. • The Planning Commission unanimously recommended approval of the proposed amendment (7-0). • Adjacent jurisdictions have 60 days to review and comment on the proposed amendment. • Following the adjacent jurisdiction review period, the Metropolitan Council has 60 days to review the proposed amendment. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Recommend an alternate solution to the consistency issue. V. ATTACHMENTS • Map • Applicable text, Minneapolis Comprehensive Plan • Applicable text, St. Louis Park Comprehensive Plan V 1. PRINCIPAL PARTIES EXPECTED AT MEETING ~ • Potentially impacted property owners u RESOLUTION NO. RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN CHANGING THE TEXT OF IMPLEMENTATION CHAPTER TO DEFER REZONING CERTAIN PROPERTIES WHEREAS, the City's Comprehensive Plan provides a Guide Plan establishing particular planning needs for specific segments of the City; and WHEREAS, MN §473.865 requires that cities amend their official controls so as to not conflict with their comprehensive plan; and WHEREAS,. the City has reviewed the Comprehensive Plan and found that the addition of text related to the amendment of official zoning controls is necessary to comply with MN §473.865; and WHEREAS, the Planning Commission conducted a public hearing on August 23, 2010 concerning modifying the text of the Implementation Chapter of the Comprehensive Plan; and WHEREAS, the City Council considered the amendment on September 14, 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 as follows: Pg. 10-4 State law requires that zoning regulations be in compliance with the Comprehensive Plan. following an update or amendment to the Comprehensive Plan, the City has nine (9) months to review and amend its Zoning Code to bring it into compliance with the modified Plan. ~iea-FI3~ milt' homes/uses shou except in areas existence of a redevelopment document or plan. Single-family properties that are not within one of these designated redevelopment areas shall be ensity~ areas a Comprehensive Plan becomes feasible. This amendment is contingent upon the following stipulation: in the 1. The revision is submitted to and approved by the Metropolitan Council. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of September 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 091410 -Comp Plan Text Amendment XERXES 3100 WASHBURN 3000 VINCENT zsoo UPTON zsoo THOMAS z7oo SHERIDAN zsoo RUSSELL zsoo QUEEN 2aoo PENN 230o J OLIVER 2200 NEWTON 2100 MORGAN zooo LOGAN 1500 KNOX leoo JAMES 1700 IRVING lsoo HUM BOLDT 1500 GIRARD laoo FREMONT 1300 EMERSON lzoo DUPONT ltoo COLFAX 1000 BRYANT soo ALDRICH 800 LYNDALE 700 GARFIELD soo HARRIET 500 GRAND aoo PLEASANT 300 PILLSBURY zoo WENTWORTH 100 BLAISDELL So NICOLLET 000 1st 100 STEVENS 12a 2nd zoo 3rd 300 CLINTON 3za 4th aoo 5th soo PORTLAND soo OAKLAND szo PARK 700 COLUMBUS 720 CHICAGO soo ELLIOT 500 10th 1000 11th ttoo i 12th tzoo O 13th 1300 14th laoo O 15th 1500 ~' C4IDIINGTON 15za 16th 1600 O W 17th 1700 ~ 18th 1800 CEDAR 1500 I N .!/ilO\ ~ v rn cVi+ a ~ ~ ~ ~ ~ ~ ~~uuo~ OJ V ~ (Vl~ A W N ~ ~ J 7' J S S d ,_. O J ~ ~ m v rn J S c0'n S .-~ Z (/~ o~~~. v o $ ~ cn ~~ ~~~ ; S z ° ~~ r c~ m ~ ~~~_~~~ ~~~ ~~ c~ (Q O ~ ~ N ~p v ~ CQ ~ CD Q ~ D ~ fD O v ~ (D ( Qv ~ ~ ~. ~ ~ CD ~ ,~ D O ~ D ~ rn CD ~ m v m v rn m m W ~ Q a ia~ Public Land It is esrimared char public land comprises more than 4U% of the land withit: the city's boundaries. Publicly owned land includes streets, sidewalks, alleys, parks, playgrounds, trails, public institutions (e.g. City 1-Tall, schools, and the community centers), public facilities, and some natural open spaces. These publicly owned spaces arr. used in a muhitudc: of ways. The City's I;oal is w (irciliuuc nc~ best use of public land ro enhance the amenities available ro residents, access to public land and buildings, and mobility. Public land can be categorized into the following use types: • Public right-of-way, which includes streets, sidewalks, boulevards, trails, and alleys; • Parks, playgrounds, and open spaces; • Park Commons °town center" and ocher public places that define the conununity's identity; • Public and quasi-public institutions, which includes city buildings, schools, churches, and community centers; • Public facilities. 1Nh~re ~~~~ A~~ ~~~' This section of the Land Use chapter establishes the City's official land use categories and the 2030 Comprehensive Plan Land Use Map, which is intended to guide current and future land use planning and development through the year 2030. The land use plan categories arc: Fully defined below. '[hr 2030 map is the official land use designation map for the City. 11~e land use designations arc intended to shape the character, typr and density of future development according to sound planning principles. Any new development, redevelopment, change in land use, or change in zoning is required to be consistent with the land use guiding for each parcel. Comprehensive Plan Land Use Categories 'There are 12 land use categories char guide the City's 2030 Comprehensive Plan Land Use Map, which arc described below. In general, the categories reflect a tnovc;mcnr cowards greater mixing of uses. L RL -Low Density Residential `The Low Density Residential category is intended primarily for single-family detached housing. This category allows net residential densities from three (3) ro seven (7) units per acre. IL RM -Medium Density Residential The Medium Density Residential category allows net residential densities from six (C) to 30 units per acre. This category allows for a variety of housing types including single- family detached, duplexes, townhomes, and small two- and three-story apartment buildings. III. RH -High Density Residential `The High Density Residential land use category is intended for higher density, compact urban residential development, including high-rise apartment buildings. [his category allows for a ne: residential density range of 20 to 75 units per acre; however zoning will allow only up to 5U units per acre except by utilizing the PUD process. Under a PUD, 75 units per acre may be developed if within 1,000 feet of a park. `Ilre appropriate building height will vary by development and ~~'~' St. Louis Park k[NNESq 7A YV1pl S ~lav1 accommodate hundreds of housing units in a variety of types and styles, and have considerable positive impact on their surroundings. Planning for potential growth centers in addition to the three existing centers (Downtown Minneapolis, the University of Minnesota Area and the Wells Fazgo/IIospitals Area) could bring different land uses to certain areas of the city. These changes will occur because of market forces--or in some cases, actions which overcome market forces--which will be influenced or guided by public policy. A primary tool for balancing these static and dynamic realities are land use regulations, such as zoning and subdivision controls. The 1998 proposed zoning code, which is based on a revision of the 1963 code, is one of the primary implementation tools at the city's disposal. The approach guiding this revision can be summarized by the following points: a) business and manufacturing districts are the primary focus of the effort; b) most non-residential properties will not experience a direct zone to zone conversion of district regulations; c) existing land uses and current zoning classifications are the key determinants in re-mapping decisions, with the character of surrounding land uses, recent development trends and the applicable policies ofthe comprehensive plan also influencing decisions about new classifications and d) the creation of non- conforming uses will be avoided except where needed to maintain the planned character of an area or zoning district, or to implement an important city policy. 9.18 Minneapolis will establish land use regulations, in order to achieve the highest possible development standards, enhance the environment, promote flexibility in approaches and otherwise carry out the comprehensive plan. Implementation Steps Ensure that the city's zoning code revision corresponds adequately to policies outlined in The Minneapolis Plan. Integrate visual quality and design considerations into the City Planning Commission's review of capital improvement projects. Encourage the utilization of the Planned Unit Development (PUD) device. Establish a variety of overlay districts which allow the overall land use regulations to be fine tuned so that development and the use of land is more consistent with its context and promotes the realization of other objectives. Broaden site plan review to promote development that is compatible with nearby properties, neighborhood character, and natural features, to minimize pedestrian and vehicular conflict, to promote street life and activity, to reinforce public spaces, and to visually enhance development. 9.19 Minneapolis will utilize master planning and regulatory techniques for areas of 100,000 square feet, or 15 acres or greater, so that resultant development or redevelopment is efficient, functional and attractive, incorporating high levels of amenities and meeting public objectives for protection and preservation of the natural environment. Implementation Steps Develop an approach to master planning for large sites that can be used by private or public entities, that will coincide with available regulatory techniques so that the studies and documentation required by all stakeholders-developer, tenant, neighborhood, lender and public sector--can be coordinated. Require all development containing one hundred thousand square feet or more of new or additional gross floor area, or one hundred or more additional parking spaces, to submit Travel Demand Management Plans (TDM). ` ,V~ I~ Streamline regulatory procedures for environmental assessment, transportation management plans and others so that the master planning approach outlined above is codified. Prepare information materials so that the approach outlined above is promoted and easily understood. 9.20 Minneapolis will maintain and annually update maps which are consistent with the requirements of the Metropolitan Council, including an existing land use map and maps of future land use, with the latter showing changes from current land uses including (a) staged development and infill within the urban area and (b) designated redevelopment areas. (See Maps 1.9.6 - 1.9.9) Implementation Steps Develop and maintain a major Land Use Policy Map which would include significant land use changes made; for purposes of the map, significant land use changes would include: areas of 15 or more acres; or designated project areas ready for implementation through 40 acre zoning studies; or likely development sites of 400,000 square feet (office) or 600,000 square feet (industriallwarehouse), consistent with state environmental review requirements. Develop a map of land use of Study Areas in the City which would warrant implementation of land use changes from the City. Studies would include those directed by the city, those under contract through NRP or others known to the city that would inspire changes to land use policy and zoning. This map should be updated regularly. Develop and update regularly a list of Related Planning Studies that would include studies that are either underway or anticipated and address land use policy designations as described in the Minneapolis Plan. Identify redevelopment areas, set priorities and criteria, and establish local programs and controls to implement the redevelopment plan by the end of 1998, thereby receiving a higher priority after 1998 in the Livable Communities programs and the Metropolitan Council's Tax Base Revitalization Fund for pollution cleanup. Update the City's Critical Area/Mississippi National River and Recreation Area (MNRRA) Plan land use policy and mapping "the City's land use policy is one of the concrete expressions of the Minneapolis Plan. Information relating to land use is found throughout the TMP text, in the policy statements of the document, the accompanying implementation steps and maps. The major illustration of land use policy, as described in The Minneapolis Plan is the Land Ilse Policy Map. This map consists of both land use designations, described here and land use features, described later in the chapter. These designations as well as land use features aze described graphically in the Land L"'se Policy Map (See Map.9.6 through 9.9) "I'he purpose of the band Ilse Policy Map is threefold: a) to communicate the land use policies of the Plan; b) to provide graphic illustration of Minneapolis' future form, as described in the Minneapolis Plan and c) to show azeas in the City where the Plan advocates for change. Policies governing land use, found throughout the Plan, are gathered in this chapter and their chapter of origin is also referenced. The Minneapolis Plan document is based on a thoroughly explicit rationale for the policies it espouses. This logic is found in the text of the document, and therefore, in order to understand clearly the land use policies, it is essential to refer to City norm 1.9.9 AGENDA SECTION: Resolution AGENDA ITEM # 13 REPORT # 1 7 ~ STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 14, 2010 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NaNrs, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of 2010 Revised/2011 Proposed Budget resolutions adopting 2011 preliminary property tax levy, setting truth in taxation hearing date, authorizing budget revisions, and authorizing revision of 2010 budget of various departments. I. RECOMMENDED ACTION: By motion: Adopt the attached resolutions establishing the 2011 preliminary property tax levy and proposed date for the Truth in Taxation hearing, authorizing budget revisions, and authorizing revision of 2010 budget of various departments. II. BACKGROUND On August 30, 2010, a special City Council meeting was held for the purpose of presenting and discussing the 2010 Revised/2011 Proposed Budget and 2011 preliminary property tax levy. An outcome of that meeting, was that staff was directed by the City Council to present different preliminary 2011 tax levy options for the Council's consideration. Consequently, staff has developed four preliminary tax levy options for consideration by the City Council. The options include varying amounts of anticipated losses of Local Government Aid (LGA) and reductions in the budgeted maximum annual increase of the City's pay plans for 2011. The options are as follows: Option 1: 10.94% Tax Levy Increase Adopt the original proposed preliminary levy as presented to the City Council by staff. This option assumes the loss of 100% of the LGA for 2011 and includes up to 2.5% maximum pay plan adjustments for 2011. The levy was set at $16,959,878 which includes a levy for general fund operations of $14,793,902 which includes a levy back of a portion of the 2010 Local Government Aid and Market Value Homestead Credit reductions of $1,390,420, a debt service levy of $1,923,656, and a tax abatement levy of $242,320. This levy represented a 10.94% increase in the tax levy over the 2010 gross levy. Option 2: 10.49% Tax levy Increase Adopt a levy that assumes the loss of 100% of the LGA for 2011 and reduces the maximum pay plan increases down to 2% (1/2% or $67,240) for 2011. This reduces the gross levy to $16,891,266, the levy for general fund operations to $14,725,290 which includes the levy back of reduced aids of $1,321,808. This option reduces the preliminary tax levy to a 10.49% increase over the 2010 gross levy. Option 3: 8.82% Tax Levy Increase Adopt a levy that assumes the loss of all but $250,000 (about 11 %) of the LGA for 2011 and reduces the maximum pay plan increases down to 2% (1/2% or $67,240) for 2011. This~option reduces the gross levy to $16,636,164, the levy for general fund operations to $14,470,188 which includes the levy back of reduced aids of $1,066,706. This option reduces the preliminary tax levy to an 8.82% increase over the 2010 gross levy. Option 4: 6.82% Tax Levy Increase Adopt a levy that assumes the loss of all but $550,000 (about 25%) of the LGA for 2011 and reduces the maximum pay plan increases to 2% (1/2% or $67,240) for 2011. This option reduces the gross levy to $16,330,041, the levy for general fund operations fo $14,164,065 which includes the levy back of reduced aids of $760,583. This option reduces the preliminary tax levy to a 6.82% increase over the 2010 gross levy. Staff Recommendation: Option 4 - 6.82% Increase Of the four options presented, staff is recommending the City Council to adopt option four (4) which results in a 6.82% levy increase. Staff believes that it is reasonable to assume that the City will receive at least 25% of the certified LGA for 2011. Moreover, the City still makes a significant stride toward moving away from reliance on LGA and places itself in a position to completely budget General Fund expenditures without reliance on LGA for the 2012 Budget. It is further staff's belief that a number of other cities that receive LGA will be setting levies which anticipate the receipt of a significant portion of their respective certified LGA for 2011. This would further suggest that LGA would likely not be completely eliminated in one year, but rather in some phased out manner, although it may be very dramatic reductions over a period of only two years. The risk of assuming the receipt of the $550,000 is that we would face amid-year financial shortfall of that amount if the legislature decides to eliminate 100% of LGA. We have faced those types of shortfalls in the past and would be prepared to react to such cuts with options for the City to consider early in 2011. It is the City Manager's perspective that trying to cover the loss of all of the City's certified LGA for 2011 in one tax levy year is too harsh for Richfield tax payers in the current economic climate. Finally, if the City Council wishes to reduce the levy further, please remember that it can be done at the Truth in Taxation final levy adoption in December. The Preliminary tax levy adopted tonight can not be increased after tonight's Council action is taken. III. BASIS OF RECOMMENDATION A. POLICY • The City Charter establishes that at a special budget meeting of the Council on or before September 15, the City Manager must submit to the Council a proposed budget and a budget message in the form and containing the information specified in Section 7.06. This follows the Truth in Taxation Statute, which in the past overrode the Charter process for budget adoption. • Consequently, as required by the Truth in Taxation legislation (MS 275.065) each "taxing authority" must certify its proposed property tax levy for payable year 2011 to the County Auditor on or before September 15, 2010. "Taxing authority" includes all counties, all school districts, all cities regardless of population, all towns and all special taxing districts. No local units of government are exempted from this requirement. • In addition, each "taxing authority" with a population of 500 or more, must certify to their County Auditor the date that has been selected for the Truth in Taxation hearing by September 15, 2010. This Truth in Taxation public hearing must be held between November 25 and December 27, 2010 and must occur after 6:00 p.m. B. CRITICAL ISSUES • Along with the 2010 Revised/2011 Proposed budget and preliminary property tax levy, City staff is also recommending a date for this year's Truth in Taxation public hearing. It is recommended that this year's hearing be set for 7:00 p.m. Monday, November 29, 2010. As Council Members are aware, at these public hearings, the tax levy may be reduced from the preliminary tax levy, but not increased. • All official action concerning the preliminary tax levy and setting dates for the Truth in Taxation hearings must be concluded before September 15, 2010. C. FINANCIAL • If the City Council selects Option 4, the preliminary gross levy for taxes payable 2011 is $16,330,041. • The City's tax capacity rate will increase from 47.955% in 2010 to 54.9414% in 2011 if Option 4 is selected. • The 2010 Local Government Aid (LGA) and Market Value Homestead Credit (MVHC) reductions qualify as a special levy for taxes levied in 2010 for taxes payable in 2011. • Total reductions to LGA and MVHC were $1,295,263 and $610,364 respectively for a total of $1,905,627. • Included in the 2011 preliminary gross levy is a levy back of $760,583 of 2010 LGA and MVHC reductions. • A final resolution for consideration authorizes the revision of the 2010 budget to conform to the most recent 2010 revenue and expenditure projections. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • The City Council could adopt one of the other three options presented fora 2011 preliminary property tax levy. • The City Council may select other allowable Truth in Taxation hearing dates. V. ATTACHMENTS • Resolution Adopting a Proposed Budget and Tax Levy for the Year 2011 • Resolution Authorizing Budget Revisions • Resolution Authorizing Revision of 2010 Budget of Various Departments VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A ~3~i RESOLUTION NO. RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2011 WHEREAS, the Minnesota Truth in Taxation law provides for a proposed tax levy to be certified to the County Auditor by September 15, 2010 and then recertified before December 31, 2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The budget for the City of Richfield for the year 2011 is hereby approved and adopted with appropriations for each of the departments to be as follows: General Fund Legislative/Executive Administrative Services Public Safety Fire Services Community Development Public Works Recreation Services TOTAL GENERAL FUND $ 748,060 1,121,350 7,620,570 3,401,630 1,114,510 4,131,840 1,588,250 19,726,210 2. The estimated gross revenue of the City of Richfield from all sources, including general ad valorem tax levies as hereinafter set forth for the year 2011 which are more fully detailed in the City Manager's official copy of the 2011 budget, are hereby found and determined to be as follows: TOTAL GENERAL FUND $19,726,210 3. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2010, payable in 2011 for the following purposes and in the following amounts: PURPOSE AMOUNT General Fund' $13,403,4822 Debt Service 1,923,656 Cedar Point Tax Abatement 242,320 LGA & MVHC Levy 760,583 Provision has been made in the General Fund for the payment of the City's contributory share to Public Employees' Retirement Association. 2 General Fund Levy includes all fiscal disparities distribution amounts. f3~~ 4. The budget for the Housing and Redevelopment Authority of Richfield for the year 2011 is hereby ratified and approved. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2010, payable in 2011 for the following purposes: PURPOSE AMOUNT Housing and Redevelopment Authority $552,812 5. A certified copy of this resolution shall be transmitted to the County Auditor. 6. The Truth in Taxation public hearing shall be set for 7:00 p.m. November 29, 2010. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of September 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk f'~'~ RESOLUTION NO. RESOLUTION AUTHORIZING BUDGET REVISIONS WHEREAS, the City Charter and Minnesota Statutes provide for a process for adopting an annual budget and tax levy; and WHEREAS, the City Charter provides certain authority for the City Manager and/or City Council to revise the annual budget; and WHEREAS, it would be beneficial to restate such authority with the adoption of the budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The City Manager may increase the budget by City Council action provided that unbudgeted receipts will be available to equal or exceed the increased expenditures. 2. The City Manager may authorize transfers between divisions within a department providing the transfers do not increase or decrease the department or total budget. 3. The City Manager may transfer budgeted amounts between departments only with the approval of the City Council. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of September, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 13~`~ RESOLUTION NO. RESOLUTION AUTHORIZING REVISION OF 2010 BUDGET OF VARIOUS DEPARTMENTS WHEREAS, Resolution No. 10319 appropriated funds for personal services, other expenses and capital outlays for each department of the City for the year of 2010; and WHEREAS, The City Charter, Chapter 7, Section 7.09, gives the Council authority to transfer unencumbered appropriation balances from one department to another within the same fund at the request of the City Manager; and WHEREAS, The City Manager has requested a revision of the 2010 budget appropriations in accordance with Charter provisions and as detailed in the Proposed 2011 budget document. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the 2010 appropriations for each department of the General Fund be amended to establish the following totals: General Fund Legislative/Executive $ 752,510 Administrative Services 1,097,250 Public Safety 7,311,470 Fire Services 3,222,660 Community Development 1,083,380 Public Works 4,010,400 Recreation Services 1,550,260 TOTAL GENERAL FUND 19,027,930 DECREASE $ 153,750 2. Estimated 2010 gross revenue of the City of Richfield from all sources, as the same are more fully detailed in the City Manager's official copy of the proposed 2011 budget, are hereby revised as follows: DECREASE $153,750 3. That the City Manager and the Finance Manager bring into effect the provisions of this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of September 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk I'~'~ RESOLUTION NO. RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2011 WHEREAS, the Minnesota Truth in Taxation law provides for a proposed tax levy to be certified to the County Auditor by September 15, 2010 and then recertified before December 31, 2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The budget for the City of Richfield for the year 2011 is hereby approved and adopted with appropriations for each of the departments to be as follows: General Fund Legislative/Executive $ 748,060 Administrative Services 1,121,350 Public Safety 7,620,570 Fire Services 3,401,630 Community Development 1,114,510 Public Works 4,131,840 Recreation Services 1,588,250 TOTAL GENERAL FUND $19,726,210 2. The estimated gross revenue of the City of Richfield from all sources, including general ad valorem tax levies as hereinafter set forth for the year 2011 which are more fully detailed in the City Manager's official copy of the 2011 budget, are hereby found and determined to be as follows: TOTAL GENERAL FUND $19,726,210 3. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2010, payable in 2011 for the following purposes and in the following amounts: PURPOSE AMOUNT General Fund $13,403,4822 Debt Service 1,923,656 Cedar Point Tax Abatement 242,320 LGA & MVHC Levy Provision has been made in the General Fund for the payment of the City's contributory share to Public Employees' Retirement Association. 2 General Fund Levy includes all fiscal disparities distribution amounts. 7J~ 4. The budget for the Housing and Redevelopment Authority of Richfield for the year 2011 is hereby ratified and approved. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2010, payable in 2011 for the following purposes: PURPOSE AMOUNT Housing and Redevelopment Authority $552,812 5. A certified copy of this resolution shall be transmitted to the County Auditor. 6. The Truth in Taxation public hearing shall be set for 7:00 p.m. November 29, 2010. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of September 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk