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032211completeagendaCITY OF RICHFIELD, MINNESOTA _ TUESDAY, MARCH 22, 2011 SPECIAL CITY COUNCIL WORKSESSION CITY HALL COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. AGENDA Call to order Roll call 1. Discussion by Richfield Chamber of Commerce regarding economic development (Council Memo No. 29) Notes: 2. Discussion by The Ryan Companies regarding interest in McDonalds's restaurant at Cedar Point (Council Memo No. 29) Notes: Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others.. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council/Richfield School Board Worksession of March 7, 2011 and (2) Regular City Council Meeting of March 8, 2011 PRESENTATIONS 1. Presentation of Richfield Police Canine, Izzy, and Police Canine Partner, Officer Greg Peterson 2. Presentation of 2010 Police Officer of the Year Award to City of Richfield Police Officer Bill Stanger (Council Memo No. 30) 3. Presentation of Mothers Against Drunk Driving (MADD) certificate for Outstanding Law Enforcement Services to Police Officer Brad Drayna by Deputy Director/Deputy Chief Todd Sandell 4. Presentation of proclamation designating March 23, 2011 as "We Care Day" in Richfield 5. Presentation of 494 Corridor Commission annual report 6. Presentation of Penn Central Annual Report Staff Report No. 64 Notes: COUNCIL DISCUSSION 7. Council discussion • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 8. Council approval of agenda CONSENT CALENDAR 9. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of first reading of transitory ordinance authorizing planning, design and rehabilitation of Logan Avenue Water Tower, 7420 Logan Avenue, at estimated cost of $800,000 and scheduling public hearing and second reading for April 12, 2011 S.R. No. 65 B. Consideration of approval of authorizing letter of support to Three Rivers Park District to submit 2011 Legacy Grant to fund portion of Intercity Regional Trail through Taft Park S.R. No. 66 C. Consideration of approval of resolution supporting The Cornerstone Group submittal of application to Hennepin County for Transit Oriented Development Program grant funds for redevelopment acquisition_ associated with 6400 Lyndale Avenue (Lyndale Garden Center) redevelopment project S.R. No. 67 D. Consideration of approval of 2011 agreement with Hennepin County Human Services and Public Health Department and City of Richfield Police for Police Cadet position S.R. No. 68 E. Consideration of approval of 2010-2013 contract with Minnesota Department of Public Safety/Homeland Security and Emergency Management relating to Citizen Corps Program and Community Emergency Response Team (CERT) S.R. No. 69 F: Consideration of approval of renewing 2011/2012 auction service contract with Adesa Minneapolis for auctioning forfeited vehicles from Public Safety/Police S.R. No. 70 G. Consideration of approval of Richfield Municipal Center change order report for aggregate net effect of $88,502 in items included in project budget S.R. No. 71 Notes: 10. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARING 11. Public hearing regarding resolution granting final approval of plat for 6528 Penn Avenue Staff Report No. 72 Notes: PROPOSED ORDINANCE 12. Consideration of second reading of ordinance amending Richfield City Code Section 925 by adding new subsection related to vacant buildings and resolution authorizing publication of ordinance by title and summary Staff Report No. 73 Notes: OTHER BUSINESS 13. Consideration of 25-mph curve layout alternative for Richfield Parkway North Connection as recommended by Transportation Commission Staff Report No. 74 Notes: 14. Consideration of appointment to City advisory commission Staff Report No. 75 Notes: CITY MANAGER'S REPORT 15. City Manager's report • Installation of light shelves in Municipal Center Notes: 16. 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: 17.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. richfield: March 2011 Page 1 of 1 its of Ric field Calendar Calendars Net Navigate: 2010 Jan Feb Mar Apr Muv Jun Jul A€~g Sep Oct Nov Dee 2012 March 2011 6 PM Special Planning 7 PM Human Rights 7 PM Transportation 7 PM Arts Commission Commission Study Commission @ Commission @ Community Center Session Community Center 11:30a Richfield Tourism 7 PM Planning Promotion Board @ Commission Meeting 6601 Lyndale Ave, Suite 106 7 ~ ~ 10 11 6 PM Special 6 PM Richfield- 7 PM Bike Task Force 7-8:30 PM Public open Concurrent City Council Bloomington Watershed @ Maintenance Facility house at Mt. Calvary & Richfield School Board Management Meeting - Lunchroom school gym, 66th Meeting @ Richfield Richfield Council St./16th Ave., to discuss High School Board Chambers preferred layout Room, 7001 Harriet Ave. alternative of north end 7 PM Regular City of Richfield Council Meeting Parkway/17th & Bloomington Avenues I~ 15 1~ 17 1~ 5:30 PM Hearing 4:30 PM FOWL Board Examiner in Heredia Meeting @WLNC Room Friendship City 7 PM Community Commission Meeting Services Commission @ rescheduled to Feb. 24 Community Center 21 22 'y 23 24 2, 6 PM Advisory Board of 5:30 PM Special City 7 PM Friendship City SATURDAY, MAR. 26 Health Council Worksession Commission Meeting in 9:30-10:30 AM Heredia Conference Mayor's Hour @WLNC 5:30 PM Special City 7 PM Regular City Room Council Meeting Council Meeiting (commission interview) in Executive Conference 6:30 PM Charter Room Commission Meeting in Heredia Conference 5:45 PM Special Room Concurrent HRA/City Council/Planning Commisson Worksession 7 PM Regular HRA Meeting ~~ ?C1 3t} 31 1 :~pr 7 PM Planning Commission Display: Year Month Week ~ Block List Condensed Abs Slide Calendars: Search Add Events: Daily Duratian Periodic Administer: This Calendar All meetings held at City Hall (6700 Portland Avenue) unless indicated otherwise Calendars Net free online interactive web calendars http://www.my.calendars.net/richfield 3/17/2011 CITY OF RICHFIELD, MINNESOTA Office of City Manager March 17, 2011 Council Memorandum No. 29 The Honorable Mayor and Members of the City Council Subject: Chamber of Commerce Discussion Regarding Economic Development The Ryan Companies Interest in McDonalds' Restaurant at Cedar Point (Worksession Agenda Items 1 and 2) Council Members: At the City Council Worksession on August 9, 2010, the Richfield Chamber of Commerce discussed their intentions of becoming more involved in promoting economic development in the community. Since that time, the Chamber's Economic Development Committee has been meeting with stakeholders and identifying specific ways in which they could help stimulate or facilitate development-activity. At the upcoming March 22, 2011 City Council Worksession, the Chamber of Commerce will be reporting their conclusions and discussing future initiatives that they are considering. Also, at the March 22, 2011 Worksession, Mark Kampmeyer from The Ryan Companies will provide further information regarding McDonalds' interest in developing a restaurant in the Cedar Point shopping area. This will be a follow-up to the discussion that occurred at-the August 9, 2010 City Council Worksession. R s ectfull submitte Steve e ~ anager SLD:cak Email: Department Directors Assistant to the City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager March 17, 2011 Council Memorandum No. 30 The Honorable Mayor and Members of the City Council Subject: Officer of the Year --Bill Stanger (Agenda Item No.2 ) Council Members: Richfield Police Sergeants met in January 2011 to conduct their yearly police officer evaluations. Each year, the Sergeants review the past year's performance of each officer and may make a recommendation for Police Officer of the Year to the Director of Public Safety. Officer Bill Stanger was selected as the 2010 Police Officer of the Year. Officer Stanger is clearly becoming a leader within the police department. He possesses many personal attributes that contribute to his leadership ability: he is humble, quiet and has an unassuming demeanor. He is hard working, loyal, competent and committed to the success of the department; and most importantly, he leads by example. ~ He has been an officer for less than six years and has gained the respect of his peers and supervisors. Bill is committed to the success of the department. He spent two years in the narcotic unit (SIU) and made several successful arrests, including an arrest under his direction and control that recovered approximately 7.5 pounds of marijuana and $17,500 cash. On patrol, he made 37 non-traffic related arrests in nine months. He also serves on SWAT. These are just some of his accomplishments. He received outstanding in: Personal Contacts, -Skill Level, Traffic Enforcement, Patrol Activity, Report Writing/Dictation, and Initiative. He received Above Average in all other areas. The Public Safety Department will award the 2010 Officer of the Year recognition on March 22, 2011. ly/~ub City Manager ich SLD:cak Email: Department Directors Assistant to the City Manager CITY COUNCIL MINUTES ~:~ _ ~ Richfield, Minnesota Special Concurrent City CounciV Richfield School Board Worksession March 7, 2011 CALL TO ORDER The meeting was called to order by School Board Chair Toensing at 6:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Pat Elliott; Fred Wroge; Tom Fitzhenry; and Sue Sandahl Staff Present: Steven Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Bill Fillmore, Municipal Liquor Operations Director; Barry Fritz, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Brad Sveum, Fire Services Director; Chris Regis, Finance Manager; and Cheryl Krumholz, Recording Secretary. School Board Peter Toensing, Chair; Tom Flood; David Lamberger; Todd Nollenberger; Members Present: and Sandy Belkengren School Board John Easterwood Members Absent: School District Robert Slotterback, Superintendent; Michael Schwartz, Business Manager Staff Present: Item # I DISCUSSION TOPICS A. Richfield School Board • Referendum Superintendent Stotterback discussed a possible school referendum to renew operating tax levies for the November 2011 election, including the impact on the community and school district. School Board Member Nollenberger discussed the CQC Committee and its role in a school referendum. B. City of Richfield • Teen Pregnancy • SHIP Report • School liaison officer program update • Public Safety contacts to support School District Teen Pregnancy Mayor Goettel discussed the Hennepin County Teen Pregnancy Pilot Program. Special Worksession Minutes -2- March 7, 2011 Superintendent Slotterback discussed the Reducing the Risk program at Richfield High School SHIP Report Recreation Services Director Topitzhofer and Michael Schwartz reported on the City and School District main accomplishments related to the Statewide Health Improvement Program (SHIP), including a satellite Farmer's Market at Roosevelt Park, new Richfield tobacco-free park ordinance, bicycle master plan, state funding, food service changes in the school district and sustainability of the program. School liaison officer program update and Public Safety contacts to support School District Public Safety Director Fritz provided an update on the Public Safety school liaison program. C. City of Richfield and School Board • Budgets • Joint Services Budgets Mayor Goettel review the City's Financial Management Plan. City Manager Devich stated the plan is general financial forecasting. Joint Services Superintendent Slotterback stated the School District and City continue to work together to combine services. ADJOURNMENT The meeting was adjourned by unanimous consent at 7:07 p.m. Date Approved: March 22, 2011 Debbie Goettel Mayor Cheryl Krumholz Recording Secretary Steven L. Devich City Manager CITY COUNCIL MEETING MINUTES ' ~ -Richfield, Minnesota Regular Meeting March 8, 2011 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Barry Fritz, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Bill Fillmore, Municipal Liquor Operations Director; Chris Regis, Finance Manager; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary OPEN FORUM None. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Wroge, S/Elliott to approve the minutes of (~ Special City Council Worksession of February 22 2011 and U Regular City Council Meeting of February 22, 2011. Motion carried 5-0. Item #1 PRESENTATION REGARDING BEYOND THE YELLOW RIBBON PROGRAM Council Meeting Minutes -2- March 8, 2011 Representatives of the Beyond the Yellow Ribbon program announced the April 11 community kick-off at 6:30 p.m. at the American Legion, 6501 Portland Avenue. Item #2 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Fitzhenry announced the March 10 public open house at Mount Calvar~r school gym to discuss the preferred layout alternative of the north-end of Richfield Parkway, 17 Avenue and Bloomington Avenue. Council Member Sandahl acknowledged the recent Star Tribune article featuring the City Manager's video blog, "City 101 ". Mayor Goettel announced the April 9 Optimists fundraiser at the Airport Hilton. Mayor Goettel forwarded a letter to the City Manager from a resident related to traffic issues on 69th Street and 70th Street at Penn Avenue and Xerxes Avenue. Public Safety Director Fritz discussed a recent police incident at Jun Bo, 7717 Nicollet Avenue, resulting in the establishment being shut down that evening. City Attorney Heine reviewed the status of the liquor license renewal for Jun Bo. City Attorney Heine also provided an update on the pending issues regarding the administrative hearing for the violation of the liquor ordinance and the sales tax dispute with the State. Council Member Elliott stated he would be absent at the March 22 City Council Meeting. The City Council consensus was to place consideration of the Jun Bo liquor license renewal on a Council agenda when all Council Members can be present and the two pending issues are resolved. The City Council expressed support in shutting down Jun Bo as needed by Public Safety. Council Member Elliott discussed the upcoming Penn Fest event. Item #3 COUNCIL APPROVAL OF AGENDA M/Fitzhenry, S/Wroge to approve the'agenda. Motion carried 5-0. Item #4 CONSENT CALENDAR A. Consideration of approval of first reading of ordinance amending Richfield City Code Section 925 by adding new subsection related to vacant buildings and scheduling second reading for March 22, 2011 S.R. No. 51 Council Meeting Minutes -3- March 8, 2011 B. Consideration of approval of resolution amending Appendix D of Richfield City Code related to fees for Domestic Partnership Registration S.R. No. 52 RESOLUTION NO. 10486 RESOLUTION ESTABLISHING 2011 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 10464 This resolution appears as Resolution No. 10486. C. Consideration of approval of resolution authorizing use of Sears credit card by City employees otherwise authorized to make purchases on behalf of City S.R. No. 53 RESOLUTION NO. 10487 RESOLUTION AUTHORIZING THE USE OF CREDIT CARDS BY CITY EMPLOYEES OTHERWISE AUTHORIZED TO MAKE PURCHASES ON BEHALF OF THE CITY OF RICHFIELD FOR THE YEAR 2011 This resolution appears as Resolution No. 10487. D. Consideration of approval of setting public hearing for April 12, 2011 regarding issuance of new on-sale intoxicating and Sunday liquor licenses for Richfield Hotel Associates d/b/a Ramada, 7745 Lyndale Avenue S.R: No. 54 E. Consideration of approval of award of contract to Thelen Heating and Roofing for boiler and air handling unit replacement at 6444 Lyndale liquor store in amount of $158,000 S.R. No. 55 F. Consideration of approval of rejecting all bids for Richfield Municipal Center audio-visual equipment and directing staff to re-bid this portion of the project S.R. No. 56 M/Goettel, S/Sandahl to approve the Consent Calendar. Motion carried 5-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR. None. Item #6 PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE PROVIDING FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS FROM SPECIAL REVENUE FUND (STAFF REPORT NO. 57) Mayor Goettel presented Staff Report No. 57. M/Wroge, S/Elliott to close public hearing. Motion carried 5-0. Council Meeting Minutes -4- March 8, 2011 M/Wroge, S/Fitzhenry that this constitutes the second reading of Bill No. 2011-9 providing funding for certain capital improvements from Special Revenue Fund. Motion carried 5-0. Item #7 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDMENT TO CITY ADMINISTRATIVE CODE CHAPTER III, SUBSECTION 310.33, SUBD. 2 DESCRIBING VACATION LEAVE ACCRUAL (STAFF REPORT NO. 58) Council Member Sandahl presented Staff Report No. 58. M/Sandahl, S/Goettel that this constitutes the second reading of Bill No. 2011-10 amending Administrative Code Chapter III Subsection 310 33 Subd. 2 describing vacation leave accrual. Motion carried 5-0. Item #8 . CONSIDERATION OF RESOLUTION APPROVING CONTRACT WITH INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 FOR CONTRACT PERIOD JANUARY 1, 2011 THROUGH DECEMBER 31, 2012 (STAFF REPORT NO. 59) Council Member Wroge presented Staff Report No. 59. M/Wroge, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10488 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING~ENGINEERS, LOCAL 49 BARGAINING UNIT FOR THE YEAR 2011 and 2012 Motion carried 5-0. This resolution appears as Resolution No. 10488. Item #9 CONSIDERATION OF RESOLUTION APPROVING CONTRACT WITH POLICE OFFICERS AND DETECTIVES LAW ENFORCEMENT LABOR SERVICES LOCAL 123 FOR CONTRACT PERIOD JANUARY 1; 2011 THROUGH DECEMBER 31, 2011 (STAFF REPORT NO. 60) Council Member Fitzhenry presented Staff Report No. 60. M/Fitzhenry, S/Wroge that the followi ~ resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10489 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES (EELS), LOCAL 123 BARGAINING UNIT FOR THE YEAR 2011 Motion carried 5-0. This resolution appears as Resolution No. 10489. Council Meeting Minutes -5- March 8, 2011 Item #10 CONSIDERATION OF RESOLUTION APPROVING CONTRACT WITH 9-1-1 DISPATCHERS LAW ENFORCEMENT LABOR SERVICES LOCAL 225 FOR CONTRACT PERIOD JANUARY 1, 2011 THROUGH DECEMBER 31, 2011 (STAFF REPORT NO. 61) Mayor Goettel presented Staff Report No. 61. M/Goettel, S/Sandahl that the following resolution be adopted and that it be made part of these minutes:. RESOLUTION NO. 10490 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES (EELS), LOCAL 225 BARGAINING UNIT FOR THE YEAR 2011 Motion carried 5-0. This resolution appears as Resolution No. 10490. Item #11 CONSIDERATION OF RESOLUTION APPROVING CONTRACT WITH POLICE SUPERVISORS LAW ENFORCEMENT LABOR SERVICES LOCAL'162 FOR CONTRACT PERIOD JANUARY 1, 2011 THROUGH DECEMBER 31, 2011 (STAFF REPORT NO. 62) Council Member Sandahl presented Staff Report No. 62. M/Sandhal, S/Fitzhenry that the following resolution be adopted and that it be made .part of these minutes: RESOLUTION NO. 10491 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES (EELS), LOCAL 162 BARGAINING UNIT FOR THE YEAR 2011 Motion carried 5-0. This resolution appears as Resolution No. 10491. Item #12 CONSIDERATION OF RESOLUTION APPROVING 2011 MANAGEMENT AND GENERAL SERVICES SALARY COMPENSATION PLANS, EFFECTIVE FIRST FULL PAY PERIOD OF JANUARY 2011 (STAFF REPORT NO. 63) Council Member Elliott presented Staff Report No. 63. M/Elliott, S/Wroge that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10492 RESOLUTION RELATING TO THE 2011 GENERAL SERVICES SALARY COMPENSATION PLAN Motion carried 5-0. This resolution appears as Resolution No. 10491. Council Meeting Minutes -6- March 8, 2011 Item #13 -CITY MANAGER'S REPORT • May 24 City Council Meeting City Manager Devich discussed the move to the Municipal Center the weekend of May 20 may result in canceling the May 24 City Council Meeting or moving the meeting to a different location. The City Council consensus was to cancel the May 24 City Council meeting. City Manager Devich discussed the installation of light shelves in the Municipal Center. He requested the City Council visit the Municipal Center to decide if the shelves are necessary. He cautioned the City Council not to have a quorum present and not discuss the issue between them due to the open meeting law. This item will be on the March 22 City Council Meeting agenda for consideration. The City Council schedule the City Manager's annual performance evaluation on April 12. Item #14 CLAIMS AND PAYROLLS M/Wroge, S/Sandahl that the following claims and payrolls be approved: U.S. Bank 3/8/2011 A/P Checks: 201750-202050 $ 745,867.23 Payroll: 73457-73776 41842-41846 $ 532,280.01 TOTAL $ 1,278,147.24 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:00 p.m. Date Approved: March 22, 2011 Debbie Goettel Mayor Cheryl Krumholz Recording Secretary Steven L. Devich City Manager AGENDA SECTION: .PRESENTATION AGENDA ITEM # 6 REPORT # 64 J STAFF REPORT CITY COUNCIL MEETING MARCH 22, 2011 KAREN BARYON, COMMUNITY REPORT PREPARED BY: DEVELOPMENT ASSISTANT DIRECTOR NAME, TITZ,c DEPARTMENT DIRECTOR REVIEW: Src E REVIEWED BY CITY MANAGER. D/ ITEM FOR COUNCIL CONSIDERATION: Presentation of Penn Central Annual Report. I. RECOMMENDED ACTION: By Motion: No formal action required; for information only. Presentation of Penn Central Annual Report. II. BACKGROUND In 2008, the City Council adopted the Penn Avenue Revitalization Plan and Design Guidelines, encompassing Penn Avenue between Highway 62 and 67th Street. The Revitalization Plan and Design Guidelines are intended to be used to assist in guiding a more uniform revitalization and redevelopment of the Penn Avenue corridor as private investment occurs. In an effort to keep the public and other stakeholders informed of changes and improvements along the corridor, staff has prepared the Penn Central Annual Report. David Gepner, resident and community organizer will be presenting that report at tonight's Council meeting. 03222011 Penn Central Annual Report III. BASIS OF RECOMMENDATION A. POLICY • The City strives to encourage reinvestment and revitalization in commercial areas. • Section 4.1 of the 2008 Comprehensive Plan identifies as guiding goals and policies the need to develop identifiable nodes, corridors and gateways throughout the community by encouraging a mix of uses that serve a market in and around Richfield in community commercial nodes, encouraging a mix of uses that serve surrounding local neighborhoods in neighborhood commercial nodes, establishing a land use pattern and supporting infrastructure that creates a "walkable" environment, and develop residential standards (scale, density, etc.) for redevelopment areas that creates neighborhood character. • The Comprehensive Plan states that the Penn Corridor is a target area for redevelopment and recognizes the Penn Avenue Revitalization as an influencing planning effort. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • N/A V. ATTACHMENTS • Penn Avenue Revitalization Plan VI. PRINCIPAL PARTIES EXPECTED AT MEETING • David Gepner, resident and community organizer AGENDA SECTION: CONSENT AGENDA ITEM # 9A REPORT # 65 ~~' STAFF REPORT CITY COUNCIL MEETING MARCH 22, 2011 REPORT PREPARED BY: ROBERT HINTGEN, UTILITY SUPERINTENDENT NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: / ITEM FOR COUNCIL CONSIDERATION: Consideration of the first reading of a transitory ordinance authoring the planning, design and rehabilitation of the Logan Avenue Water Tower located and schedule a public hearing and second reading for April 12, 2011. I. RECOMMENDED ACTION: By Motion: 1. Approve the first reading of the transitory ordinance authorizing the planning, design and rehabilitation of the Logan Avenue Water Tower .(7420 Logan Avenue) at an estimated cost of $800,000. 2. Schedule a public hearing and second reading for April, 12, 2011. II. BACKGROUND The one million gallon Logan Avenue Water Tower located at 7420 Logan Avenue South (near Donaldson Park) was built in 1963. The last reconditioning for this water tower occurred in 1996. In September 2010 KLM Engineering performed a routine evaluation of the overall condition on the water tower. Based on their observations, the water tower was found to be in need of reconditioning within the next one to two years. This type of reconditioning if applied and maintained properly has a life span of 15 to 20 years. On February 8~, 2011, the City Council approved the proposal from Short Elliot Hendrickson Inc. (SEH) to provide the engineering and inspection services for the 032211 logantower Logan Avenue Water Tower Reconditioning Project in an amount not to exceed $69,600. The Engineers estimated cost for the planning, design and rehabilitation of the tower is $800,000. The City Attorney has determined that a public hearing, as identified in the City Charter, is needed. Staff is recommending that a public hearing be scheduled for April 12, 2011 before going out for bid. III. BASIS OF RECOMMENDATION A. POLICY • Pursuant to Section 8.04 of the City Charter, the project will require approval of a transitory ordinance because the estimated cost exceeds $500,000. B. CRITICAL TIMING ISSUES • Based on the 2010 water tower inspection data, the recommended repairs should be addressed within the next one to two years. C. FINANCIAL • Proceeds from the future sale of a General Obligation Water bond will fund the rehabilitation of the water tower. • At the April 12th Council Meeting, Council will consider the approval of this bond. D. LEGAL • Pursuant to Section 8.05 of the City Charter, notice of the public hearing will be published twice in the Sun Current fourteen days prior to the hearing. Publication dates will be March 31, 2011 and April 7, 2011. • The Transitory Ordinance was written by the City Attorney. E. ENVIRONMENTAL CONSIDERATIONS • Water is an essential resource to the community and needs to be provided in a safe manner. IV. ALTERNATIVE RECOMMENDATION~S~ • Council may choose to take no action at this point, V. -ATTACHMENTS • Proposed Transitory Ordinance. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None q~-i TRANSITORY ORDINANCE NO. AN ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings. 1.01. Section 8.04 of the Richfield City Charter requires that any capital improvement on City-owned property that has an estimated cost exceeding $500,000.00 or expenditures for design or engineering costs exceeding $75,000.00 must be approved by ordinance after a public hearing. 1.02. It is proposed that the City Council approve a capital improvement project on City owned property located near 76th and Logan Avenue. 1.03. The capital improvement project consists of reconditioning and painting the Logan Avenue Water Tower (the "Project"). The water tower was last painted in 1995. It was last inspected in 2010 and was found to be in need of repainting. 1.04. The estimated construction cost of the capital improvement, excluding design and engineering costs, is $800,000.00. The estimated design and engineering costs are $69,600.00. 1.05. A public hearing was held on , 2011 after due notice as required by Section 8.05 of the Richfield City Charter. 1.06. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Project be approved. Sec. 2. Approval; effective date. 2.01. The Project is approved, and planning, design and construction of the Project may proceed according to the procedures required by law. 2.02. The purpose of this Ordinance is to comply with the requirements of Section 8.04 of the Richfield City Charter. This Ordinance shall not be construed to require that the City proceed with the Project; nor does it vest any rights in the Project to any individual or entity. The City Council reserves the right to abandon the Project or to modify elements of the Project, if the Council deems abandonment or modification to be in the public interest. q~-a 2.03. This ordinance is effective 30 days after its publication. Adopted this day of , 2011. Debbie Goettel, Mayor ATTEST: Nancy C. Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 9B REPORT # 66 STAFF REPORT CITY COUNCIL MEETING MARCH 22, 2011 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR N~,t1E, TLTLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of authorization of a letter of support to Three. Rivers Park District to submit a 2011 Legacy Grant to fund a portion of the Intercity Regional Trail through Taft Park. - I. RECOMMENDED ACTION: By Motion: Authorize the letter of support to Three Rivers Park District to submit a 2011 Legacy Grant to fund a portion of the Intercitv Regional Trail through Taft Park. II. BACKGROUND Three Rivers Park District will consider applying fora 2011 Trails Legacy Grant for the Intercity Regional Trail segment through Taft Park (map attached), at their upcoming Board meeting on March 17, 2011. Pending approval to proceed with the grant, District staff has requested a letter of support from the City of Richfield to accompany the grant application. The City will also be asked to sign the application because the project is located on land administered by the City. The proposed project is for construction of 0.4 miles of the Intercity Regional Trail through Taft Park. This project will help fill a gap in the 3.8 mile funded portion of Intercity Regional Trail planned to commence construction in fiscal year 2014. The Intercity Regional Trail is anticipated to connect the Minneapolis Grand Rounds trail system at Lake Nokomis to the Minnesota River through the communities of Minneapolis, Richfield, and Bloomington and provide safe, non-motorized access to 0322 2011 Legacy Grant Letter of Support Nine Mile Creek Regional Trail, the larger regional park and trail network, and vital employment and retail centers. III. BASIS OF RECOMMENDATION A. POLICY • The regional trail route is included in the Transportation Chapter of the 2030 City of Richfield Comprehensive Plan adopted by the City Council in February 2009. B. CRITICAL TIMING ISSUES • A letter of support from the City of Richfield is a critical component of the grant application because the project is located on land administrated by the City. The deadline for grant submittal is March 30, 2011 C. FINANCIAL • The City of Richfield will have no financial obligation to fund the proposed trail segment. All matching requirements will be funded by Three Rivers Park District. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • The proposed trail segment follows an existing path through Taft Park. The existing trail will be reconstructed to meet regional trail specifications. IV. ALTERNATIVE RECOMMENDATION~S~ • The Three Rivers Park District believes-that support from the City is a critical component of the grant application as the work falls within land administered by the City. However, the Council may chose not to approve the letter of support. V. ATTACHMENTS • Letter of Support, Trail Map VI. PRINCIPAL PARTIES EXPECTED AT MEETING None q6-i J MAYOR DEBBIE GOETTEL CITY COUNCIL PAT ELLIOTT TOM FITZHENRY SUZANNE M.SANDAHL FRED L. WROGE, JR. CITY MANAGER STEVEN L. DEVICH March 22, 2011 Mr. Don DeVeau, Director Department of Planning and Development Three Rivers Park District 3000 Xenium Lane North Plymouth, MN 55441-1299 RE: Letter of Support for 2011 Trail Legacy Grant Intercity Regional Trail: Taft Park Dear Mr. DeVeau: The City of Richfield supports Three Rivers Park District 2011 Trail Legacy Grant application for Intercity Regional.Trail: Taft Park as described below: Intercity Regional Trail: Taft Park ~ TH 62 to Richfield Parkway The proposed project is for construction of 0.4 miles of the Intercity Regional Trail through Taft Park in the City of Richfield. This project will help fill a gap in the 3.8 mile. funded portion of Intercity Regional Trail planned to commence construction in fiscal year 2014. The Intercity. Regional Trail is anticipated to connect the Minneapolis Grand Rounds trail system at Lake Nokomis to the Minnesota River through the communities of Minneapolis, Richfield, and Bloomington and .provide safe, non-motorized access to Nine Mile Creek Regional Trail, the larger regional park-and trail network, and vital employment and retail centers. The regional trail route is designated on the Richfield Proposed Primary Bike Trails map and included in the Transportation Chapter of the 2030 City of Richfield Comprehensive Plan adopted by the City Council in February 2009. Thank you for seeking funding on this important project. Sincerely, Debbie Goettel, Mayor City of Richfield Steven L. Devich, City Manager City of Richfield The Urban Hometown 6700 PORTLAND AVENUE, RICHFIELD, MINNESOTA 55423 612..861.9700 FAX: 612.861.9749 www.cityofrichtield.org AN EQUAL OPPORTUNI"fY EMPLOYER q6 -a Tr~~erci~ Regina Trail ~ ~egac~ grant ~and~~lae '~~ lniercity Reglatral Trail, Legacy ~arartt ~andldate Ir"~ Ad-ap prepared by Ydiree River i?ar4; Cr~3rict "-+~ R6annina ans# L1ev~l~prnent-#lE?:hlarch t1, 26'19 ~ i~~f • intercity Regional Trail, Proposed ' 7Esis IS IIata is ptaavided "°as is' xjtharrf warranty ( ft~lF~f~ (~'~ys „i~~~ Jt a( any reprarsca5iafion of &GCUr:7G'~~. rime~ness, r?t ~J~~ ~~4„ Lr1 16 #+ l' ~tpt~t~„ -n,$ uaerackncrx+leclgesanda~epts 4 14~ 244 4{34 Feet the lim~afinns of the Etata, m~uding the fact thaCttre G•ataisdynamicandisinacon~ntstateotmaintarran~, ~3~ ~~°'~'1~~"'~' ursrrectie rs, an8 update. 1 Intercity Regional Trail ~ Legacy Grant Candidate '~+ Intercity Regional Trail, Legacy Grant Candidate ~'~~~ M11ap prepared 6y Three Risers Park District Planning and Development-AR PAarch 11. 21111 N •~~~~ IntefClly Regional Trail, PfOpDSed This GIS Data is provhded'as rs" without warranty ;' of any representation of accuracy. timeliness, or ~'h reeRivers completeness the user acknowledyes and aaepts the limitations of the Data. including the fact that the jf 0 ~ 00 200 400 Feet Data rs dynamic and is in a constant state of maintenance. ~ I I I ~ 1 I 1 ~ ~1 t1 ~ ~d ~) ~ S t IZ t ~. correction and update AGENDA SECTION: CONSENT AGENDA ITEM # 9C REPORT # 67 J STAFF REPORT CITY COUNCIL MEETING MARCH 22, 2011 REPORT PREPARED BY: CHRISTINE COSTELLO, COMMUNITY DEVELOPMENT SPECIALIST NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ~` SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution supporting the submittal of an application to Hennepin County for a Transit Oriented Development Program Grant for redevelopment acquisition associated with the Lyndale Garden Center redevelopment project. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution supporting the submittal to Hennepin County for a Transit Oriented Development Program Grant for redevelopment acquisition associated with the Lyndale Garden Center redevelopment aroiect. II. BACKGROUND The development firm, The Cornerstone Group, is currently negotiating a preliminary purchase agreement with the property owner of the former Lyndale Garden Center site. The Cornerstone Group is proposing a development that would not only have a housing element but also space for community events as well as commercial tenants. On March 21, 2011 The Cornerstone Group presented their proposal to the City Council, Richfield Housing and Redevelopment Authority (HRA) and Planning Commission at a joint worksession. As such, the developers have submitted a grant request to Hennepin County for funding through the Transit Oriented Design program (TOD). Their application is in the amount of $850,000 for costs which would be incurred in the acquisition of property in the Lyndale Garden Center area for the purpose of removing blight and developing awell-planned, pedestrian and bike-friendly development. 032211-Hennepin County TOD Grant App_Cornerstone Group.doc In order to consider the grant request, Hennepin County requires a resolution affirming local support for the grant application. Hennepin County staff will bring their recommendations to the Hennepin County Board in June for final awarding of grant funds. III. BASIS OF RECOMMENDATION A. POLICY • It is appropriate to seek and assist developers with outside funding whenever possible. • Hennepin County requires a resolution affirming local support before considering grant applications. B. CRITICAL TIMING ISSUES • Hennepin County staff must receive an executed resolution prior to April 2011 in order to consider this grant application. C. FINANCIAL • A local .match is not required to apply for Hennepin County's Transit Oriented Development Grant. • Successful receipt of grant funds would allow for the addition of transit oriented improvements to the proposed plan. D. LEGAL • The program guidelines for the grant require the City Council to pass a resolution in support of the application. E. ENVIRONMENTAL CONSIDERATIONS • The intended use of the grant funds is to have a positive influence on transit ridership, thereby decreasing pollution and traffic associated with the single occupancy vehicle. IV. ALTERNATIVE RECOMMENDATION(S~ • Deny authorization and direct staff to withdraw participation with the developer in trying to obtain funding from outside sources. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A qC- ~ RESOLUTION NO. RESOLUTION SUPPORTING THE CORNERSTONE GROUP'S SUBMITTAL OF AN APPLICATION TO HENNEPIN COUNTY FOR TRANSIT ORIENTED DEVELOPMENT PROGRAM GRANT FUNDS FOR LYNDALE AVENUE SOUTH WHEREAS, the City of Richfield (the "City") is a city located within Hennepin County and is therefore eligible to access the Transit Oriented Development (TOD) Grant; and WHEREAS, the City had identified the property at 6400 Lyndale Avenue (Lyndale Garden Center) for redevelopment as part of the Lakes at Lyndale redevelopment master plan area; and WHEREAS, The Cornerstone Group has proposed a redevelopment project at 6400 Lyndale Avenue (Lyndale Garden Center) for redevelopment; and WHEREAS, the City recognizes the need for, and benefit of, transit oriented improvements as part of this proposed development. NOW, THEREFORE BE IT RESOLVED, that the City Council supports and otherwise affirms and ratifies the submittal of application (in accordance with Minnesota Statutes § 3836.77, Subd. 3.), for the Transit Oriented Design Program Grant administered by the Hennepin County Housing and Redevelopment Authority and authorizes the Mayor and City Manager to execute any agreements as are necessary to implement the project on behalf of the applicant. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of March 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 9D REPORT # 68 STAFF REPORT CITY COUNCIL MEETING MARCH 22, 2011 REPORT PREPARED BY: JAY HENTHORNE, POLICE LIEUTENANT NAM!', T/TLE DEPARTMENT DIRECTOR REVIEW: SIGN TU REVIEWED BY CITY MANAGER: ~~ ITEM FOR COUNCIL CONSIDERATION: Consideration of Agreement with Hennepin County and City of Richfield/Public Safety Department/Police for Police Cadet I. RECOMMENDED ACTION: By Motion: Approve the 2011 Agreement with Hennepin County Human Services and Public Health Department and the City of Richfield Police for a Police Cadet aosition. II. BACKGROUND Hennepin County has presented an agreement on behalf of the Hennepin County Human Services and Public Health Department to furnish a Police Cadet position for the City of Richfield and its Police Department. The agreement is for the period commencing January 1, 2011 and ending December 31, 2011. III. BASIS OF RECOMMENDATION A. POLICY • As in the past, Richfield Police would be responsible for the recruitment, interviewing, testing and enrollment of a cadet into its department. • The Cadet will participate in the training and day-to-day activities required by the police department, and the department will coordinate 032211 Police Cadet Agreement with Hennepin County activities of the cadet in conjunction with the Hennepin County Joint Community Police Partnership (JCPP). The activities that Hennepin County has laid out to achieve the County's project goal are in agreement with the testing process that the Richfield Police has in place to fill the position of Police Cadet. B. CRITICAL TIMING ISSUES • The agreement should be signed and steps taken to appoint a Police Cadet as soon as possible. C. FINANCIAL • The total cost of this agreement shall not exceed thirty-thousand dollars ($30,000) in accordance with the terms of the agreement to be paid by Hennepin County. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATNE RECOMMENDATION~S~ • The Council could not approve the agreement which would make the agreement null and void with the County and no Cadet could be hired due to department's finances. V. ATTACHMENTS • Copy of Agreement with Hennepin County VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None Gp- i Contract No: A102126 PERSONAL/PROFESSIONAL SERVICE AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, (the "COiJNTY") A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Human Services and Public Health Department, A-2300 Government Center, 300 South Sixth Street, Minneapolis, Minnesota 55487, ("DEPARTMENT") and the City of Richfield, on behalf of the Richfield Police Department, 6700 Portland Avenue South, Richfield, Minnesota 55423, ("CONTRACTOR"). The parties agree as follows: TERM AND COST OF THE AGREEMENT CONTRACTOR agrees to furnish services to the COi1NTY commencing January 1, 2011 and terminating December 31, 2011, unless terminated earlier in accordance with the Default and Cancellation provisions of this Agreement. The total cost of this Agreement shall not exceed Thirty Thousand Dollars ($30,000.00), as more fully described in Exhibit B, attached hereto and made part of this Agreement. 2. SERVICES TO BE PROVIDED CONTRACTOR will conduct recruitment, interviewing, testing and enrollment of a cadet into its local police department. The cadet will participate in the training and day-to-day activities required by the police department and the department will coordinate activities of the cadet in conjunction with the Hennepin County Joint Community Police Partnership. Eleven basic activities will be conducted to achieve the project goal, including: • Cadet-Trainee position announcement made public. • Applicants shall have been introduced to the department, career and selection process. • Candidates will have completed a written police test and cadet form. • Cadet interview process will be completed. • A police panel interview will be concluded. • Background investigation will have been conducted. • Chief's interview will have taken place. • Medical exam will have been taken and passed. • Psychological exam will have been taken and passed. • Drug test will have been taken and passed. • Cadet contract signed. ~p -a. These services are more fully described in Exhibit A, attached hereto and made part of this Agreement. 3. PAYMENT FOR SERVICES Payment for services shall be made directly to CONTRACTOR after completion of the services upon the presentation of a claim as provided by law governing the COUNTY'S payment of claims and/or invoices. CONTRACTOR shall submit monthly invoices for services rendered on forms which may be furnished by the COUNTY. Payment shall be made within Thirty-Five (35) days from receipt of the invoice. CONTRACTOR shall not provide services under this Agreement without receiving a purchase order or purchase order number supplied by the COUNTY. All invoices shall display the COUNTY purchase order number and be sent to the central invoice receiving address supplied by the COUNTY. 4. PROFESSIONAL CREDENTIALS INTENTIONALLY OMITTED 5. INDEPENDENT CONTRACTOR CONTRACTOR shall select the means, method, and manner of performing the services. Nothing is intended or should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as constituting CONTRACTOR as the agent, representative, or employee of the COUNTY for any purpose. CONTRACTOR is and shall remain an independent contractor for all services performed under this Agreement. CONTRACTOR shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel of CONTRACTOR or other persons while engaged in the performance of any work or services required by CONTRACTOR will have no contractual relationship with the COUNTY and will not be considered employees of the COUNTY. The COUNTY shall not be responsible for any claims that arise out of employment or alleged employment under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of any personnel, including, without limitation, claims of discrimination against CONTRACTOR, its officers, agents, contractors, or employees. CONTRACTOR shall defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers, and employees from all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re- employment Compensation, disability, severance pay, and retirement benefits. 2 ~tD-~ NON-DISCRIMINATION AND AFFIRMATIVE ACTION A. In accordance with the COUNTY's policies against discrimination, CONTRACTOR agrees that it shall not exclude any person from full employment rights nor prohibit participation in or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin. No person who is protected by applicable Federal or State laws against discrimination shall be subjected to discrimination. 7. INDEMNIFICATION AND INSURANCE A. Each party shall be liable for its own acts and the results thereof to the extent provided by law, and agrees to defend, indemnify, and hold harmless each other (including their officials, employees, volunteers, and agents), from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the party, anyone directly or indirectly employed by it, and/or anyone for whose acts and/or omissions it may be liable, in the performance or failure to perform its obligations under this Agreement. Except for State agencies, each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The liability of State agencies shall be governed by the provisions of Minnesota Statutes, Section 3.736 and other applicable law. B. Each party warrants that it has a purchased insurance or self-insurance program. C. Duty to Notify. CONTRACTOR shall promptly notify the COUNTY of any claim, action, cause of action or litigation brought against CONTRACTOR, its employees, officers, agents or subcontractors, which arises out of the services contained in this Agreement and shall also notify the COUNTY whenever CONTRACTOR has a reasonable basis for believing that CONTRACTOR and/or its employees, officers, agents or subcontractors, and/or the COUNTY, might become the subject of a claim, action, cause of action or litigation arising out of the services contained in this Agreement. Failure to provide the notices required by this section is a material violation of the terms and conditions of the Agreement. DATA PRACTICES CONTRACTOR, its officers, agents, owners, partners, employees, volunteers and subcontractors shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or ~~~ confidentiality. If CONTRACTOR creates, collects, receives, stores, uses, maintains or disseminates data because it performs functions of the COUNTY pursuant to this Agreement, then CONTRACTOR must comply with the requirements of the MGDPA as if it were a government entity, and may be held liable under the MGDPA for noncompliance. CONTRACTOR agrees to defend, indemnify and hold harmless the COUNTY, its officials, officers, agents, employees, and volunteers from any claims resulting from CONTRACTOR'S officers', agents', owners', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of such protected data, or other noncompliance with the requirements of this section. CONTRACTOR agrees to promptly notify the COUNTY if it becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA. The terms of this section shall survive the cancellation or termination of this Agreement. 9. RECORDS -AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5, CONTRACTOR agrees that the COUNTY, the State Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of CONTRACTOR and involve transactions relating to this Agreement. CONTRACTOR shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its termination or cancellation. 10. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. CONTRACTOR binds itself, its partners, successors, assigns and legal representatives to the COUNTY for all covenants, agreements and obligations contained in the contract documents. B. CONTRACTOR shall not assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of the COUNTY. A consent to assign shall be subject to such conditions and provisions as the COUNTY may deem necessary, accomplished by execution of a form prepared by the COUNTY and signed by CONTRACTOR, the assignee and the COUNTY. Permission to assign, however, shall under no circumstances relieve CONTRACTOR of its liabilities and obligations under the Agreement. C. CONTRACTOR shall not subcontract this Agreement and/or the services to be performed, whether in whole or in part, without the prior written consent of the COUNTY. Permission to subcontract, however, shall under no circumstances relieve CONTRACTOR of its liabilities and obligations under the Agreement. 4 q~j- S Further, CONTRACTOR shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between CONTRACTOR and each subcontractor shall require that the subcontractor's services be performed in accordance with the terms and conditions specified. CONTRACTOR shall make contracts between CONTRACTOR and subcontractors available upon request. 11. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. 12. DEFAULT AND CANCELLATION A. If CONTRACTOR fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, it shall be in default. Unless CONTRACTOR's default is excused by the COUNTY, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for the COUNTY to delay payment until CONTRACTOR's compliance. In the event of a decision to withhold payment, the COUNTY shall furnish prior written notice to CONTRACTOR. B. Upon cancellation or termination of this Agreement: At the discretion of the COUNTY and as specified in writing by the Contract Administrator, CONTRACTOR shall deliver to the Contract Administrator copies of all writings so specified by the COUNTY and prepared by CONTRACTOR in accordance with this Agreement. The term "writings" is defined as: Handwriting, typewriting, printing, photocopying, photographing, facsimile transmitting, and every other means of recording, including electronic media, any form of 5 ~~~ communication or representation, including letters, works, pictures, drawings, sounds, or symbols, or combinations thereof. 2. The COUNTY shall have full ownership and control of all such writings. CONTRACTOR shall have the right to retain copies of the writings. However, it is agreed that CONTRACTOR without the prior written consent of the COUNTY shall not use these writings for any purpose or in any manner whatsoever; shall not assign, license, loan, sell, copyright, patent and/or transfer any or all of such writings; and shall not do anything which in the opinion of the COUNTY would affect the COUNTY's ownership and/or control of such writings. C. Notwithstanding any provision of this Agreement to the contrary, CONTRACTOR shall remain liable to the COUNTY for damages sustained by the COUNTY by virtue of any breach of this Agreement by CONTRACTOR. Upon notice to CONTRACTOR of the claimed breach and the amount of the claimed damage, the COUNTY may withhold any payments to CONTRACTOR -for the purpose of set-off until such time as the exact amount of damages due the COUNTY from CONTRACTOR is determined. Following notice from the COUNTY of the claimed breach and damage, CONTRACTOR and the COUNTY shall attempt to resolve the dispute in good faith. D. The above remedies shall be in addition to any other right or remedy available to the COUNTY under this Agreement, law, statute, rule, and/or equity. E. The COUNTY'S failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. F. This Agreement may be canceled with or without cause by either party upon thirty (30) day written notice. G. Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement include but are not limited to: SERVICES TO BE PROVIDED (as to ownership of property); INDEPENDENT CONTRACTOR; INDEMNIFICATION AND INSURANCE; DATA PRACTICES; RECORDS- AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION; PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. 13. CONTRACT ADMINISTRATION In order to coordinate the services of CONTRACTOR with the activities of the DEPARTMENT so as to accomplish the purposes of this Agreement, Vinodh Kutty, or 6 QD -~ successor (Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve as liaison between the COUNTY and CONTRACTOR. l 4. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. CONTRACTOR shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. B. If the source or partial source of funds for payment of services under this Agreement is federal, state or other grant monies, CONTRACTOR shall comply with all applicable conditions of the specific referenced or attached grant. C. CONTRACTOR certifies that it is not prohibited from doing business with either the federal government or the State of Minnesota as a result of debarment or suspension proceedings. 15. SUBCONTRACTOR PAYMENT As required by Minnesota Statutes Section 471.425, Subd. 4a, CONTRACTOR shall pay any subcontractor within ten (10) days of CONTRACTOR's receipt of payment from the COUNTY for undisputed services provided by the subcontractor. CONTRACTOR shall pay interest of l'h percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, CONTRACTOR shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including any attorney's fees, incurred in bringing the action. 16. PAPER RECYCLING The COUNTY encourages CONTRACTOR to develop and implement an office paper and newsprint recycling program. 17. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the originating Department at the address given in the opening paragraph of the Agreement. Notice to CONTRACTOR shall be sent to the address stated in the opening paragraph of 7 q~-8 the Agreement or to the address stated in CONTRACTOR's Form W-9 provided to the COUNTY. 18. CONFLICT OF INTEREST CONTRACTOR affirms that to the best of CONTRACTOR's knowledge, CONTRACTOR'S involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. CONTRACTOR agrees that, should any conflict or potential conflict of interest become known to CONTRACTOR, CONTRACTOR will immediately notify the COUNTY of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and will advise the COUNTY whether CONTRACTOR will or will not resign from the other engagement or representation. 19. PROMOTIONAL LITERATURE CONTRACTOR agrees that the terms "Hennepin County" or any derivative shall not be utilized in any promotional literature, advertisements of any type or form or client lists without the express prior written consent of the COUNTY. 20. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 8 GD r COUNTY BOARD AUTHORIZATION S,' C Y Q~ H ~ _.__.___.___, Reviewed by the County ST ~ + . ~IIN ._A~_ ~' Attorney's Office r1,n ~r3~IQk 81 .~ucutxa~e~. r:~-~.°~ ":~::ti; yl'~~34't~ ' ~' ~~~?.~ Y'1ce-Ciss~ir and is s~ file v~~t3g tie C'le~k c>i ti9~ ~rc~~:;~~. ~~~ ~ Date: ~dl~~/a City organized under: By Chair of Its County Board ATTEST: Depu /Jerk of County /Board Date: / Ct'/'r~ V And: ~~ Assistant County Administrator, Human Services and Public health Department Date: { ! l a.~ f a.l~ ( O I s~'~C~TY MANAGER ~~ And: Its: DIRE OR OF UBLIC SAFETY/POLICE CHIEF Statutory Option A Option B Charter. c~~_ i o A102126 EXHIBIT A CONTRACTED SERVICES PROGRAM SUMMARY PAGE City of Richfield Police Department Joint Community Police Partnership SUMMARY PARAGRAPH: This Agreement provides funding for the identification, selection, and training of a police cadet at the City of Richfield Police Department. Richfield will conduct recruitment, interviewing, testing, and enrollment of a cadet into its local police department. The cadet will participate in the training and day-to-day activities required by the police department, and the department will coordinate activities of the cadet in conjunction with the Joint Community Police Partnership. Funding will accommodate a cadet's salary, fringes, testing, uniforms and equipment, tuition assistance, books and supplies, and application fees. There has been to change in required activities/outcomes from the original agreement. This amendment requests a modification only to the budget. 2. TARGET POPULATION: Eligible cadets 3. SERVICES: Cadet will receive training and educational opportunities in conformance with police department rules and procedures. Police will conduct recruitment, interviewing, supervision, support, and training to selected cadets. Cadets must pass relevant police screening and background checks as necessary. 4. AGENCY STATUS/LICENSURE: The Richfield Police Department is a unit of the City of Richfield and is a local government authorized under the State of Minnesota statutes. 5. STAFF: The cadet will be under the direct authority of the Richfield Police Department and under the supervision of Lieutenant Jay Henthorne, asworn-licensed police officer. 6. FACILITY: Cadets will be housed at the police headquarters at the Richfield Police Department, 6700 Portland Ave S. Richfield, MN 55423. 7. PLACEMENT: This agreement does not require placement as a police officer but rather focuses on identification, selection, and training activities for a cadet. Cadets who pass the initial recruitment, selection, and testing period are enrolled as cadets into the police training program. Following the enrollment, cadets are given up to two years to achieve the academic skill level required to be able to test for certification as asworn-license officer in the State of Minnesota. 8. FUNDING SOURCES: Property tax funding. ~~-~l A102126 PERFORMANCE MEASURES Richfield Police Department Joint Community Police Partnership Description of Program: The Joint Community Police Partnership is a joint Hennepin County and Richfield Police Department partnership designed to provide assistance and training for both police and the new, emerging and diverse cultures within their community to alleviate conflict. The selection and training of cadets is on part of the project, along with community engagement, police training, and outreach by community liaisons embedded in the police departments. TARGET POPULATION: Eligible police cadets. OUTCOME 1: A police cadet is hired. Indicator: Selection of police-cadet trainee. Outputs and Activities: Richfield Police will conduct recruitment, interviewing, testing, and selection of cadet-trainee. Upon approval, cadet will be enrolled into trainee program and will undergo academic and skill training regimen. Method of Data Collection: Richfield Police will send written quarterly reports to Hennepin County and will meet twice monthly with representatives of the County. OUTCOME 2: The police cadet completes all academic and skills-based requirements to become a licensed officer. Indicator: Academic and skills training of cadet-trainee. Outputs and Activities: Cadet-trainee will pursue required academic and skills portion of police officer training and maintain satisfactory performance under the direct supervision of police and academic representatives. Supervising police officers will ensure that trainee transcripts, enrollment records, and on-the-job performance are reviewed and reported to Hennepin County staff on a quarterly basis. Trainees will execute up to 20 hours per week as acadet-trainee and maintain acceptable academic performance as evidenced by trainee transcripts. ~~ A102126 EXHIBIT B FINANCIAL Agency: Richfield Police Department Program: Joint Community Police Partnership Funding Period: January 1, 2011 through December 31, 2011 -Bud et Cate o Pro ram bud et amount a. Salary:. Hourly salary ($15.78/hr @ 25 hrs/wk) $20,514.00 PERA Coordinated Retirement @ 6.25% $ 1,282.00 FICA contribution @ 7.65% $ 1,569.00 Medical (Optional: City $314/month) $ 3,768.00 Total Sala Costs $27,133.00 b. Supportive Technology/Equipment/Examinations: Uniforms/Equipment $ 100.00 Medical/Psychological Examinations $ 100.00 Total Su ortive Costs $ 200.00 c. EducationfTraining: Training $ 2,667.00 Total Education/Trainin Costs $ 2,667.00 d. TOTAL $30,000.00 Modifications within each category of the above line item budget of less than 10 percent of any line item are permitted without prior approval by the Program Contract Manager, so long as notification of such modifications is given to the County. AGENDA SECTION: CONSENT AGENDA ITEM # 9E REPORT # 69 I~ STAFF REPORT CITY COUNCIL MEETING MARCH 22, 2011 REPORT PREPARED BY: JAY HENTHORNE, POLICE LIEUTENANT NAnrE, T/TLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: (,t ITEM FOR COUNCIL CONSIDERATION: Consideration and approval of a 2010-2013 contract with MN Department of Public Safety/Homeland Security and Emergency Management. I. RECOMMENDED ACTION: By Motion: Approve the attached contract for the years 2010-2013 with MN Department of Public Safety/Homeland Security and Emergency Management (HSEM), relating to the Citizen Corps Program and CERT (Community Emergency Response Team). II. BACKGROUND Richfield Public Safety/Police has been informed that a grant, effective 8/1/2010 through 3/31/2013 has been awarded to this department. The expiration date is the date mentioned or until all obligations have been satisfactorily fulfilled, whichever occurs first. The grant indicates that the funds being made available are to be used for planning, equipment, training, exercises, and Management and Administration in connection with the Homeland Security and Emergency Management (HSEM) and the Citizen Corps Program, which is Richfield's CERT (Community Emergency Response Team). 032211 2010-2013 Emergency Preparedness Contract for CERT Grant Funds III. BASIS OF RECOMMENDATION A. POLICY • Minnesota Statute 465.03 requires that every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. • The Administrative Services Department issued a memo on November 9, 2004 requiring that all grants and restricted donations to departments be received by resolution and passed by more than two- thirds majority of the City Council in accordance with Minnesota Statute 465.03. B. CRITICAL TIMING ISSUES • Upon receipt of the signed grant (signed by the mayor and City clerk) by the state, the City will be reimbursed for invoices presented in accordance with the grant program guidelines. C. FINANCIAL • This grant is being made available in the amount of $28,373 to be used for reimbursement of expenditures made according to the terms of the agreement. D. LEGAL • The City Attorney has reviewed this document and has approved of its contents. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATNE RECOMMENDATION(S~ • The City Council could decide not to approve the 2010-2013 agreement with the State, thus making it null and void. V. ATTACHMENTS • Copy of the grant agreement. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None °) G - ~ RESOLUTION NO. RESOLUTION APPROVING THE CONTRACT BETWEEN THE MN DEPARTMENT OF PUBLIC SAFETY/HOMELAND SECURITY AND EMERGENCY MANAGEMENT (HSEM) AND THE CITY OF RICHFIELD PUBLIC SAFETY DEPARTMENT/POLICE CERT PROGRAM RELATING TO THE STATE'S CITIZEN CORPS PROGRAM WHEREAS, Richfield Police has been informed that a grant has been awarded to the department for the CERT (Community Emergency Response Team) program; and WHEREAS, the effective dates of the grant are beginning August 11, 2010 and expiring March 31, 2013; and, WHEREAS, the amount of the grant is $28,373 and it is to be used for planning, equipment, training, exercise, and management and administration in connection with Homeland Security and Emergency Management (HSEM) and the Citizen Corps Program which is Richfield's CERT (Community Emergency Response Team; and, WHEREAS, upon receipt of the signed grant, the City will be reimbursed for expenditures made according to the terms of the agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that the Public Safety Department and the Director of Public Safety/Chief of Police will enter into an agreement to receive grant money for Richfield's CERT program for expenditures outlined in the agreement. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of March, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~L ~~ Grant Agreement r, Minnesota Department of Public Safety ("State") Grant Program: Homeland Security and Emergency Management HSEM Citizen Corps Program 2010 Division 444 Cedar Street, Suite 223 Grant Agreement No.: 2010-CCP-00753 St Paul, Minnesota 55101 Grantee: Grant Agreement Term: City of Richfield Department of Public Safety Effective Date: 8/1/2010 6700 Portland Avenue ': Expiration Date: 3/31/2013 Richfield, Minnesota 55423 Grantee's Authorized Representative: Grant Agreement Amount: Jay Henthorne Original Agreement $ 28,373.00 6700 Portland Avenue Matching Requirement $ .00 Richfield, Minnesota 55423 Phone: (612) 861-9828 Email: 'henthorne ci.richfield.mn.us State's Authorized Representative: Federal Funding: CFDA 97.067 Kathy Gaida, Grants Specialist State Funding: Homeland Security and Emergency Management Special Conditions: None Division 444 Cedar Street, Suite 223 St Paul, Minnesota 55101 Phone: (651) 201-7422 Email: Kathleen.Gaida state.mn.us Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant agreement. Term: Effective date is the date shown above or the date the State obtains all required signatures under Minn. Stat. § 16C.05, subd. 2, whichever is later. Once this grant agreement is fully executed, the Grantee may claim reimbursement for expenditures incurred pursuant to the Payment clause of this grant agreement. Reimbursements will only be made .for those expenditures made according to the terms of this grant agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled, whichever occurs first. The Grantee, who is not a state employee will: Perform and accomplish such purposes and activities as specified herein and in the Grantee's approved HSEM Citizen Corps Program 2010 Application ("Application") which is incorporated by reference into this grant agreement and on file with the State at 444 Cedar Street, Suite 223, St Paul, Minnesota 55101. The Grantee shall also comply with all requirements referenced in the HSEM Citizen Corps Program 2010 Guidelines and Application which includes the Terms and Conditions and Grant Program Guidelines (www.wego.dps.state.mn.us), which are incorporated by reference into this grant agreement. Budget Revisions: The breakdown of costs of the Grantee's Budget is contained in Exhibit A, which is attached and incorporated into this grant agreement. As stated in the Grantee's Application and Grant Program Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by the Grantee. Matching Requirements: (If applicable.) As stated in the Grantee's Application, the Grantee certifies that the matching requirement will be met by the Grantee. DPS Grant Agreement non-state (09/08) ~~~~ Grant Agreement Page 2 Payment: As stated in the Grantee's Application and Grant Program Guidance, the State will promptly pay the Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will not be made if the Grantee has not satisfied reporting requirements. Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must complete and return the Certification Regarding Lobbying form provided by the State to the Grantee. 1. ENCUMBRANCE VERIFICATION Individual cert~es that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. Signed: Date: Grant Agreement No. 2009-CCP-00550 / 2000-15024 2. GRANTEE The Grantee cert~es that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required by applicable articles, bylm~~s, resolutions, or ordinances. By: Title: Date: By: Title: Date 3. STATE AGENCY By: . (with delegated authority) Title: Date: Distribution: DPS/FAS Grantee State's Authorized Representative DPS Grant Agreement non-state (09/08) 1~~~ Grant Agreement ~, Payment: As stated in the Grantee's Application and Grant Program Guidance, the State will promptly pay the Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will not be made if the Grantee has not satisfied reporting requirements. Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must complete and return the Certification Regarding Lobbying form provided by the State to the Grantee. 1. ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. Signed: Date: Grant Agreement No. 2010-CCP-00753 / 2000-15418 2. GRANTEE The Grantee certifzes that the appropriate. person(s) have executed the grant agreement on behalf o~'the Grantee as required b pplicable articles, laws, res lutions, or ordinances. By: Title: ~~f \ ~~ Date: ~ ~`' 7~~/ By: Title: 3. STATE AGENCY By: (with delegated authority) Title: Date: Distribution: DPS/FAS Grantee State's Authorized Representative Date: DPS Grant Agreement non-state (09/08) q~ -s *~1, EXHIBIT A ~ ~~~~~"' Minnesota Department of Public Safety ~ 444 Cedar Street, Suite 223 ~,«~ Homeland Security and Emergency Management Division Saint Paul, MN 55101 Grantee Name: Richfield Public Safety Grant Number: 2010-CCP-00753 Program: ALL PROGRAM COMPONENTS Budget Category Request Planning $2,900.00 Equipment ' $5,400.00 Training $17,396.00 Exercises $1,500:00 Management and Administration ~ $1,177.00 TOTAL ~ $28,373.00 HSEM Grants Program: Grant Budget Summary ' Page A-l. AGENDA SECTION: CONSENT AGENDA ITEM # 9F REPORT # 70 ~~ STAFF REPORT CITY COUNCIL MEETING 1VIARCH 22, 2011 JAY HENTHORNE, POLICE REPORT PREPARED BY: LIEUTENANT NAME, Tircc DEPARTMENT DIRECTOR REVIEW S/GNATURl' REVIEWED BY CITY MANAGER: , ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of the contract with Adesa Minneapolis for 2011/2012 for auctioning forfeited vehicles from Public Safety/Police. I. RECOMMENDED ACTION: By Motion: 1. Approve the renewal for 2011/2012 of the attached auction service contract between the City of Richfield and Adesa Minneapolis, for auctioning forfeited vehicles from Public Safety/Police. 2. No changes in contract in terms and fees. II. BACKGROUND The City currently has a contract with Adesa Minneapolis, formerly ABC of Minneapolis, and would like to renew the contract for the year 2011/2012 as the contract expires on April 9, 2011. Adesa's performance during the past year of the contract period with the owners of ABC Minneapolis was satisfactory, as in the previous first year with the new owners. They auction forfeiture vehicles for many cities, including the City of Bloomington. Adesa Minneapolis has submitted the new contract for 2011/2012 with no changes in services or fees. Adesa indicates that, as in the past, they have three different 0322 2011-2012 Contract with Adesa Minneapolis towing services that can handle Richfield, and they will use the least expensive when they can. III. BASIS OF RECOMMENDATION A. POLICY • "Adesa Minneapolis" notified the City that they wish to renew the contract Richfield. The Public Safety Department wishes to renew the contract with Adesa Minneapolis. The contract has numerous conditions that must be met. Adesa Minneapolis is a reputable, established auction company that meets all contract requirements. B. CRITICAL ISSUES • A 30-day written notice must be given either party to terminate the contract. Public Safety must have a company to store and auction forfeited vehicles on April 9, 2011. Adequate space is not available in the City to store forfeited vehicles. C. FINANCIAL • There are no changes to fees for the contract period 2011/2012. D. LEGAL • The City Attorney has reviewed and approved the past contract with Adesa Minneapolis, and there are no contract changes under the new contract. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Do not sign the contract; however, Public Safety would need to find other means to auction forfeited vehicles. V. ATTACHMENTS • ADESA Contract for 2011/2012 VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. "I F AGREEMENT BETWEEN THE CITY OF RICHFIELD AND ADESA MINNEAPOLIS THIS AGREEMENT is made and entered into this 1ST day of April, 2011 by and between the City of Richfield, a Minnesota municipal corporation located at 6700 Portland Ave., S., Richfield, Minnesota 55423 (hereinafter referred to as the "City"), and ADESA Minnesota, LLC dba ADESA Minneapolis, a Minnesota limited, liability company with its principle business offices located at 18270 Territorial Road, Dayton, Minnesota 55369 (hereinafter referred to as "ADESA"). WITNESSETH WHEREAS, the City comes into possession of and is authorized to retain various motor vehicles which are identified as potentially being subject to forfeiture of other civil processes under the laws of the State of Minnesota as a result of their having been used in the connection with a criminal act (hereinafter referred to as "Forfeiture Vehicles") and upon successful completion of the forfeiture or civil process the City is authorized to dispose of said vehicles in accordance with Section 315 of the Richfield City Code; and WHEREAS, ADESA represents that it has the professional expertise and knowledge to perform its duties as an automobile dealer, and is licensed by the State of Minnesota in that capacity; and WHEREAS, THE City desires to hire ADESA to transport, store, repair, maintain and sell its Forfeiture Vehicles; NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the parties agree as follows: I. TERM OF AGREEMENT The term of this Agreement shall begin April 1, 2011 and shall continue until April 1, 2012, subject to termination as provided in Article IV. II. DUTIES OF ADESA A. Upon specific authorization from the City, ADESA agrees to drive or transport those vehicles identified by the City as one of its Forfeiture Vehicles to a secure location to be determined and managed by ADESA. B. Upon receipt of a City Forfeiture Vehicle and except for fire, storm, flood, war, civil disturbance, riot, act of God, lightning, earthquake, or other similar casualty, which is not within the control of ADESA or any act/omission of City or its officers, employees or agents, ADESA accepts full responsibility for it and agrees to exercise due diligence in its care, maintenance and storage of said vehicle until the time that it is sold or released; so as to avoid waste and obtain a reasonable sale price at auction. ~~~~ C. Upon specific authorization from the City, ADESA agrees to perform such minor repair work on the City's Forfeiture Vehicles so as to prepare them for auction and maximize the City's return at auction, but in no event shall such repair work exceed the cost of TWO HUNDRED AND NO/100 DOLLARS ($200.00) without prior, written authorization by the Richfield City Manager or his/her designee. D. Upon specific authorization from the City, ADESA agrees to release the City's Forfeiture Vehicles prior to auction on such terms and conditions as the City may direct. E. ADESA agrees to box and store personal property that is not affixed to, but located within, the City's Forfeiture Vehicles and upon specific authorization from the City to release such property on such terms and conditions as the City may direct. Upon specific authorization from the City, ADESA agrees to promptly sell the City's Forfeiture Vehicles in a commercially reasonable manner by an open and competitive automobile dealer or salvage auction. G. ADESA agrees to defend, indemnify and hold harmless the City, its officials, employees and agents from any and all claims, causes of action, lawsuits, damages, losses or expenses, including attorney fees, arising out of or resulting from ADESA's (including its officials, agents or employees) performance of the duties required under this Agreement, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of ADESA. H. During the term of this Agreement ADESA agrees to maintain general comprehensive liability insurance in the amount of $1,000,000 for any damage to property, theft, loss or other claims as a result of ADESA's negligence or malfeasance in performing this Agreement. In addition, ADESA agrees to maintain such motor vehicle liability insurance as required by state and federal laws. I. ADESA shall be licensed and bonded in the State of Minnesota to perform its duties under this Agreement and shall provide a certificate of licensure, bonding and insurance to the City. ADESA agrees to comply with all applicable local, state and federal laws, rules and regulations in the performance of the duties of this Agreement. K. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting ADESA's staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. ADESA and its staff are to be and shall remain an independent contractor with respect to all services performed under this Agreement. ADESA represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of ADESA or QF-3 other persons, while engaged in the performance of any work or services required by ADESA under this Agreement, shall have no contractual relationship with the City and shall not be considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or person or personnel arising out of employment or alleged employment including, without limitation, clams of discrimination against ADESA, its officers, agents, contractors or employees shall in noway be the responsibility of the City; and ADESA shall defend, indemnify and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. The books, records, documents, and accounting procedures of the Contractor, relevant to this Agreement, are subject to examination by the City, and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 16C.05, Subdivision 5. M. ADESA agrees to comply with the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 and not discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs or activities. ADESA agrees to hold harmless and indemnify the City from, costs, including by not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA and/or Section 504 caused by the ADESA. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs and activities. The City has designated coordinators to facilitate compliance with the Americans With Disabilities Act of 1990, as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. N. The Contractor will comply with all applicable provisions of the Minnesota Government Data Practices Act., Chapter 13 of the Minnesota Statutes. O. Any Forfeiture Vehicles which ADESA has been authorized and directed to sell but was unable to under the terms of this Agreement shall be returned to the City at a site designated by it as soon as reasonably practicable but in no event more than sixty (60) days from the occurrence of the event making sale under this Agreement impossible. q~-U III. DUTIES OF THE CITY A. The City shall consign specifically identified Forfeiture Vehicles to ADESA to sell to the highest bidder at public dealer or salvage auctions. B. The City shall certify that it has good title and right to sell those of its Forfeiture Vehicles which it directs and specifically authorizes ADESA to sell at public dealer or salvage auctions and shall provide and deliver merchantable title to the purchaser upon notification from ADESA. C. The City shall defend, indemnify and hold harmless the ADESA, its officials, employees and agents from any and all claims, causes of action, lawsuits, damages losses or expenses, including attorney fees, arising out of or resulting from the City's performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of City. Notwithstanding the above, City shall also fully defend, indemnify and hold ADESA harmless for and against any and all claims, expenses (including reasonable attorney's fees), suits and demands arising out of, based upon and resulting from alleged or actual damage caused by the forfeiture process or from inaccuracy of the odometer reading on any Forfeiture Vehicle prepared in connection with the sale at auction, unless such inaccuracy is caused by an employee, agent or officer of ADESA. D. The City shall pay to ADESA and ADESA shall deduct from the sale proceeds of the Forfeiture Vehicle, the following amounts as and for its services properly authorized and provided pursuant to this Agreement: Transportation of an operable Forfeiture Vehicle to or from the City of Richfield to ADESA's designated storage site: $50.00. 2. Tow of an inoperable Forfeiture Vehicle (tow or trailer) to or from the City of Richfield to ADESA's designated storage site: Not to Exceed $100.00. 3. Basic cleaning of a Forfeiture Vehicle: $37.00. 4. Complete detail of a Forfeiture Vehicle (vacuum and shampoo carpets, detail interior, etc.): $85.00. 5. Repair of a Forfeiture Vehicle: Shop Rates. Sale by auction of a Forfeiture Vehicle: $110.00. 7. Release of a Forfeiture Vehicle prior to auction: $50.00 redemption, fee plus any charges (i.e., transportation). 8. Storage fee if car is not sold within 90 days: $3.00/day. 9. Inventory fee for lease of personal property: $25.00. q~ _s IV. TERMINATION Either party may terminate this Agreement for any reason upon thirty (30) days advance written notice to either party. The City reserves the right to cancel this Agreement at any time in the event of default or violation by ADESA of any provision of this Agreement. The City may take whatever action at law or in equity that may appear necessary or desirable to collect damages arising from a default or violation or to enforce performance of this Agreement. V. MISCELLANEOUS A. Any material alterations, variations, modifications or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an amendment to this Agreement and signed by both parties. B. This Agreement shall not be assignable except at the written consent of the City. C. This Agreement represents the entire Agreement between ADESA and the City and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. D. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota Statutes, Section 363. E. The parties hereto agree to comply with Section 504 of the Rehabilitation Act of 1973/31 CFR Part 51. This Act states in part that, "...all recipients of federal funds, whether in the form of a grant or a contract, review, and if necessary modify, their programs and activities so that discrimination based on handicap is eliminated." F. The terms and conditions of this Agreement shall be binding on ADESA's successors and assigns and to the extent any assignee of ADESA. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. 1 ~/ DATED: DATED: CITY OF RICHFIELD BY: BY: ADESA MINNEAPOLIS DATED: BY: BY: Its AGENDA SECTION: CONSENT AGENDA ITEM # 9G REPORT # 71 STAFF REPORT CITY COUNCIL MEETING MARCH 22, 2011 PAM DMYTRENKO, ASSISTANT CITY REPORT PREPARED BY: ~ ~ ~-, ___ NAME, REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Accept the change order report for the Richfield Municipal Project for an aggregate net effect of $88,502 in items included in the project budget. I. RECOMMENDED ACTION: By Motion: Accept the Richfield Municipal Center change order report for an aggregate net effect of $88,502 in items included within the project budget. II. BACKGROUND Resolution No. 10309 provides the City Manager the authority to approve change orders for all contracts awarded by the City Council for the construction of the new Richfield- Municipal Center subject to the following limitations: • Up to an aggregate of $25,000 for non-budgeted items • Up to an aggregate of $100,000 for items within the project budget Following the approval of such change orders, the City Manager must report this information to the City Council. Attached is the list of the approved project change orders since the February 8, 2011 City Council meeting. Some change orders represent an increase to the originally awarded contract and some represent a decrease. The aggregate net effect of the change orders before the Council on March 22, 2011 is $88,502. Some of the larger change order items include: 032X0 • AV upgrades: Additional electrical conduit was installed to accommodate audio visual and data display technology and equipment planned for the new facility. Putting this infrastructure in place now is more cost-effective than doing it after the building is occupied. • Generator Room Fire Protection: A glycol system was installed to ensure that pipes won't freeze when the generator starts up and runs in the winter. • Service Kitchen revisions: Because this kitchen will be used to serve food fo the public, the kitchen had to be upgraded to meet the requirements for a licensed food establishment, as required by Richfield City Code 617 and the Minnesota State Food Code and State Statutes. • VAV box discharge sensors: This is an energy-saving tool which diagnoses if a hot water valve is operating correctly. A malfunctioning valve requires additional cooling which wastes energy and increases utility costs. This change order is being funded through the Government Buildings fund and not through the project. All of the change orders are budgeted items. Total net project change orders to- date is $282,736. III. BASIS OF RECOMMENDATION A. POLICY • In order to maintain the construction schedule of the Richfield Municipal Center project and respond to change order requests in a timely manner, the City Council has authorized (Resolution No. 10309) the City Manager to approve change orders up to an aggregate value of $100,000 for budgeted items and up to an aggregate value of $25,000 for non-budgeted items. B. CRITICAL TIMING ISSUES • The City Manager must report approved change orders for the Richfield Municipal Center to the City Council at the next Council meeting. • These change orders have already been approved and, in most cases, implemented. C. FINANCIAL • The change orders before the Council for review on March 22, 2011, represent, a net effect of $88,502 for budgeted items. • Total net project change orders to-date is $282,736. D. LEGAL • NA E. ENVIRONMENTAL CONSIDERATIONS • NA IV. ALTERNATIVE RECOMMENDATION~S~ • None V. ATTACHMENTS • Richfield Municipal Center Change Order Log VI. PRINCIPAL PARTIES EXPECTED AT MEETING- . None ~~ m 0 0 U .. c N C U L w N N c o O - N V L fn ¢ ~ ~ r ~ c ~ in _ ~ Y ~ p m ~ O (n c > ~ o O ~ ~ N ~ °~ -~ ~ O rn m U C O V U p 2 F- O ~ w v ~ (n a~ N LL V ~ N c L L ~ S = 0 ~ ~ Q ~ _ ~ L _ ~ L ~ ~ ~ ~ a • ~ " Q H ~ " O O O C ~j J ~ o m ~ cn c O ~ cq ~ O c N f6 O LLl C 6 C _ C C J _ U ~ _j ~ O - U N Y ~ Q O) W N Y ~ ~ ~ ~- ~ ~/~ VJ J U ~ F ~ f- ~ L H F'-. ~ ~ ~~ L H L U j~ j +r ° o 0 0 0 0 0 0 0 0 0 0 0 0 0 ° ~ o o o °. o ti o f o o o 0 0 0 0 0 0 0 ~ 0 0 o p co ~ d• ~ rn d• cfl o rn co oo °~ ri o ti o ti ~ ~ci o o t~ oo oo ti t~ ~t o ~ I~ N Q ~ ~ c O ~ N O) N E O N ti O d- M M N N ~ ~ M ~ ~ O N M ~' ~ M r d' V' O ~ N ~ M O •D ~ N U ~ C L U O N ~ O ~ ~- ~ N ~ ~ ° M U ~_ p U O U ~ >' ~ ~' N E O ~ ~-' Q ~ O W 'a N C ~ .Q ~ •L' N N M ~ N O tq ~ ~ O O U L t/1 ~ N p ~ o p ~ N Z G> U ~k c N ~ ~ t c ~ ~ ~ ~ ~ ~ s O ~ ~ O L ~ L ~ ~ ~ O • N _ ~ m C Q ~ N .~ O ~ N v • N O • N ~ ~ U N O) C N ~ O = ~ m - N ~p O L ~ W ~ ~ Z - D7 O m o M ~ ~ C - I i (n N ~n ~ ~ W m N ' C ' f6 (~ W ~-+ c •° c N ~ U ~ > ~ p c cn ~ a ~ ~ X 00 ~ -' •`L° ~ a~i ~ a ~ ~ m ~ c ~ O o ~ ~ ~ ~ ~ w ~ ~ ~ ~ •~, o ~ o ~ w 0 o o w ~ •~ ~ `o °o ~ f6 ~ m ~ C ~ Y O p m N ~ ~ m x "O ~ U • c ~ ~ N ~ ~ O_~ ~ ~ N • ~ ~ Q ~ m Q ~ t ~ C ~ O ~ ~ _ ~ ~ - O ~ U 7 Q ~ .r M (~ (~ f6 ~ ~ ~ O U ~ O ~ ~ a ~ o ' o O ~ N ~ O U T ~ . -p Q p ~ ~ t0 U Q > ~ Q "O Q d Z ti ~ 00 • ~ M ~ O N d' ~ c0 I~ 00 O O c- ~• ~ ~ ~ a d ~ - cn (O CO - cn f~ f~ I~ ti 00 O 00 M ~ Q O M 00 ~ ~ t~ N d' a0 O O ~ O ~ O M ti ~ O O ~ ~ O ~' M 'd' ~• d' d• tp ~ ~ O Cfl (fl CO V O t--~ r r ~ ~ r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - --. ._. 0 J L L a s V AGENDA SECTION: PUBLIC HEARING AGENDA ITEM # 11 REPORT # 72 J STAFF REPORT CITY COUNCIL MEETING MARCH 22, 2011 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER Na,~rr:, TrTi r:' DEPARTMENT DIRECTOR REVIEW: ' SIGNAfU2F' REVIEWED BY CITY ~ J • MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding preliminary and final plat approval for 6528 Penn Avenue. I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Approve a resolution granting final approval of a plat for 6528 Penn Avenue. II. BACKGROUND One of the conditions of the approval of a Planned Unit Development allowing construction of a new CVS Pharmacy at the corner of 66th Street and Penn Avenue, granted by the Council on January 11t", was that the property be platted. The attached plat divides the existing single parcel into two parcels, as was indicated in the approved Planned Unit Development plans. A separate easement related to the widened sidewalk and new retaining wall will be drafted alongside the maintenance agreement for these items. III. BASIS OF RECOMMENDATION A. POLICY • All plats of land must be approved by the City Council. • Preliminary and final plats are typically processed and acted upon by the Council simultaneously. 032211 - 6528 Penn -plat • The applicant must submit two sets of mylar versions of the plat to the City for signature by the Mayor and City Manager. • Plats must be recorded within 30 days of Council approval. B. CRITICAL TIMING ISSUES • Approval of the plat is necessary for the project to move forward. C. FINANCIAL • N/A D. LEGAL • Notice of this public hearing has been published in the Sun Current Newspaper in accordance with notification requirements. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • N/A V. ATTACHMENTS • Resolution • Preliminary & Final Plat documents VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Jon Lennander, Velmeir Companies • Bill Wolfson, property owner RESOLUTION NO. RESOLUTION GRANTING FINAL APPROVAL OF A PLAT FOR 6528 PENN AVENUE WHEREAS, the Velmeir Companies ("Applicant"), has requested final approval to divide the property at 6528 Penn Avenue in the City of Richfield; and WHEREAS, the proposed subdivision is to be known as RICHFIELD GARDENS 2ND ADDITION; and WHEREAS, a public hearing was held on the proposed final plat of RICHFIELD GARDENS 2ND ADDITION on Tuesday, March 22, 2011 at which all interested persons were given the opportunity to be heard; and WHEREAS, the preliminary plat for the RICHFIELD GARDENS 2ND ADDITION was approved by the City Council after a public hearing was held on March 22, 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, as follows: 1. The proposed plat of RICHFIELD GARDENS 2ND ADDITION satisfies the requirements of the City's subdivision ordinances. 2. Final approval is granted to the Applicants for the plat RICHFIELD GARDENS 2ND ADDITION. 3. The Applicant must file the final plat with the Hennepin County Recorder or Registrar of Titles, within 30 days of the approval of this resolution. 4. Staff is authorized to make changes as required by the Hennepin County Surveyor's Office. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of March, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Preliminary Plat of: RICHFIELD GARDENS 2ND ADDITION F Q ~ z 0 30 60 I _ u SCALE IN FEET i 0 DENOTES I/2 INg1 % 14 INdi IRON I / MONWENT SEi, MARKED 'RLS 26]24' I ~ ~ • DENOTES IAON MONWENT POWD ~ - ~~ ~ ~ - I E 1 Z I ~~ ll , PRELIMINARY PLAT GENERAL NOTES auxvEroR: Laucka AsaocMUs, Ilw, 7700 HamNwN Law, Sub 90D Maple Grora, MN 55930 ~ - 7891745505 t1WNERRIEVELOPER: V.hnelr CampeNp 5751 W Maple, SuKa 800 Wpl BloamReld, MI18972 LEGAL DESCRIPTIdI: LOT 18, "RX;XFELD GARDEN9",EXCEPT THE NORTH 130 FEET THE~OF, HENNEPIN COUNTY, MINNESOTA; AND LOT 3, BLOCK 7, XARRY TN2iNER'8 BUBDM910N OF LOT 15, "RICHFIELD GARDENS", XENNEPINCOUNIY, MINNE90TA TORRENB PROPERTY DATE OF PREPARI1TIOx: Fearueryt, 2017 BENCXMARIO Berwhmsrk: Floor xvN M souMeeet plmnce n WlMllq No. 9578 Pmn Aw. BO, p shown Mmn. EIEVATION• 865.7A Mt(Cly of RlchMld durum) EN1571xG 7ANIN0: MU&IPAC, MUC wHh Penn ComMOr Owrlry PROPOSED ZONING: MU~CIPAC, MUC wHh Penn Comldor Owdey AREAS: proposed LOtl Me• 79,4702 Sq.Ft or 1.893AUr "-~W:sd Lot 7Ana • 81 B3A2 So FL or 1.8B i Acna TotelPropeny Ane• 155,9091 Sq.FL Or9.5732 Aap pROP08E0 BUILDING BETBAq(R Front =OFea minlmum, 75(Mmuimum Side (COmerl • 15 Fea Slde (NNmkrl '5Fest Rpr •SFem - I ---~ -) ~ ~ ~ I - T~- nso0~ - I m,7 ~ o /~ ~ a I . --. :" / E r f / 915 I _____I________f2 / /~ I ,`., I / ~ ~ I ::~ f-; ;~` , ~ / / I .~. t / ~~~~C ,. I ., ~ / ~ 1~ -~ ~ _~ . < ~,' , I /~ I I ~ - ~~• PLOOO zoxE DESICxAnox: Thh.property M conhlpd Iup %(erw determined to be oualde the 0.2%ennua chmce flood pkln) px Flood Ipunw Rme Map, Commonly Papl No. 7T057C0389E sfMtlw daM of September$ TW4. I ~ I ~ \~ , ~ ...,.-. ;'I , , ..-, . ;'~- .,. i i ~ l _ \ \ , :% f-- SURVEY LEGEND ,,, -EXISTING CONDITIONS I ~: ®® CATCH BASIN -»--5FORM SEWER I ; ® STORM MANHOLE ->-SANITARY SEWER " O SANITARY MANHOLE - I -WATERMAIN ® WATER MANHOLE -~-UNDERGROUND ELECTRIC Q HYDRAM -~-UNDERGROUND GAS W GATE VALVE -c+-UNDERGROUND TELEPHONE m TELEPHONE PEDESTAL -r"-OVERHEAD UTILITY 0 POWER POLE -*--'-CHAIN LINK FENCE C LIGHT POLE CONCRETE CURB 4 SIGN CONCRL7E ,alas SPOT ELEVATION 1CONTOUR ~,_,g7 2 ~ O ELECTRIC METER ~~~ yyy ,,, (~ DECIDUOUS TREE ( ® GAS METER t`W''1 SDI: BORING t~TRAFFIC SIGNAL 0 GUARD POST -s-SANITARY SEWER SERVICE TR TREE -w-WgTER SERVICE CONCRETE RETAINING WALL .~. SiONE RETAINING WALL \\\= ~/ n~5e~~ - O ~ ~~ ~D~ - \~ \\ " \ ~ \ \ \ ~ ` _ ~ - \ ~s _>--F> 9_'P~ \ ~ _1-W-I SE ttr o/M f/40l e^ ~ \ \ Salim 78, 77&J, RP4W---i n\ ~ 1 ~x ~ m I~ 1 U a ~ \ a 9 9" PIPE 29" PIPE ~ ~ ue® _a_»~~W ~I 1 `\nPpro. L« ~ 141"CIP Per Wm Proletl Name: cvso ~~~~~~~ LEFT HAND ENTRANCE NWC PENN AVENUE S AND 66TH STREET W CVS CS # 45851 CVS STORE # 82152 CITY OF RICHFIELD HENNEPIN COUNTY, MN OwnerlDeve ,•, VELI~IEIR COMPANIES PaMmn~rebpmeaf ArchiteEc • PrDIe551Daa $ervi[ea; ASSOCIATES PNmi,p • CNiI En9ir,Enng • UM y+^pH^e Eanduepe A,cFamNe, I ]2W Hemlocl, lrrz.5uea 30D Maple Dme,Mrv55369 Tekpkm: V63142455m ®~ wnw.LadsMwdam.<am CADD ualNicalian: VDT pn.P'hµYMem~jaY bmyamq PW Ma~e~u,~nm.. " M~~~n»mHsubm~me..V w~.~~~. ~ m)42DnfYLOi.DWGIPrt~PIa IMF: E+II MaAraN 17.11 Wne Wine l 1--4~ Pr essiona 5i nalum: IM,W/mIWYMpum4.pY,w,rpmrm ~:~D,~ ~" ar.araum.m ~.E~d~~ 0.khadLl'Nx-PIS ]6Rq 2J 11 uam<N, D,~e qu iN Cono-ol~ I TMB aT~- D+~n RLL ~ 3 Site ~ a n W fi6th St s~ rule: PRELIMINARY PLAT P feel--~ 01420 5 eel NO.: __ Sheet 1 of 1 dl-3 RICHFIELD GARDENS 2ND ADDITION I ~ ~~-N line o! Lof 18 '4' NE Ca o! Lot 16-~ I --------~r-- ~-------~ I ....,,, .,.~:.:., ,.. I I __ NORTH 0 40 OD SCALE IN FEET BEARINGS ARE ASSLPAED 0 DENOTES I/2 INCH X 14 INCH IRON MONWENT SET, MARKED "RLS 26714 ~ DENOTES IRON YONULEKT FOUND ----~ ~----~-------- --r---~ I ~ JD ~ ! _ ; I I ~; I I ~- a; I I; I ' r0 I ._ 30 r! r I r~ r a I ~. ~ I ..., „.. .,,re<i .,. ------- / ~~ /,- ~~r' q / ~ w 3 / N ~ ~' 8 • ~ ~ ~~ /!:~~ / , I i SB8°42'45"E 196.17 1 ~-. < .~ • , - I . ~-I , ~-~ (~. . Ar , lat 2 BoutA fine o! the Nuth IN10 he( of Lof 16, "RiMIiNd Cardem" --~ r;+' G~ 1 3 OH \~ Wz I zN ~h I i ~?~ " `~ I . W" I ~, I . r, el ; ~ nl ' of h .. $I : I I `I ~ I II` .. I I I W I -- I „dip I I e•ti.~ I I it I~ ` ~a I \I I n ~ ~~ a I~'e I I~ ~'m;~l I I a ~ I e I W o ;i '~'I ~ g R ~L' I S a '~ W .;' I I ' O 1 I °` ~ I ~ '" 6 le , ~, SJ :c I v; I '. I~~ ,il :0 ~" A Y I .., ~ tt~ i 3'0 m ~ ~ n~ '- > ml I - V ~ _ o I `OL ~ EO re f ~ f 2 I M ` I i 0 ' S8B°4.5'f2"E 115.19 " ~Wi I i z - ~ I - ° o ~~~ ~ .{ I I • Y 9 , `~ ryg I ~.~-. \O \4 / ~ I \ F , ` I ~' oxW __ ~ h5 A~/ I i h a ' ~ ~. p .... ... .... . . I I ~ .: I N89°45'11"W 371.J4 . - ..... - ... __ _ .. .. - __ .. __ ~ ~ - - .. ~ I m °w a ~•Ngnxoy I E oument Ru Doc Na. 22818JB ~ , L N89°45'!2"W 42!.35 lC 116 B3 -" I -SW Ca -S. Lme o 0 I Lof J "~ ---- ---- --'~---- h ~ Sath LMe NE I/4 h Sec. 19, T18 N, RT4W --_.~ _ _-- _ --- SE COf oI -- n Lof I6 SE Car of NE 1/4 0! n Sec. 19, 718 N, R 14 W ----- . - _ _ - RICHFIELD GARDENS 2ND ADDITION KNOW ALL PERSONS BY THESE PRESENTS: Thal ,owner and proprietor of the following described prapedy situated in the County of Hennepin, Slate of Minnesota, to wit LOT 16, °RICHFIELD GARDENS', EXCEPT THE NORTH 130 FEET THEREOF, HENNEPIN COUNTY, MINNESOTA; AND LOT 3, BLOCK 3, HARRY TICKNER'S SUBDIVISION OF LOT 15, "RICHFIELD GARDENS",HENNEPIN COUNTY, MINNESOTA for public~udse fore Qe~ publk sways and Mee easementsHdreinegeend utilKy purposes aslOshown on U s plet.by donate and dedicate N the public 201_ In witness whereof said has hereunto set his hand the _dey M STATE OF MINNESOTA COUNTY OF The foregoing InsWmeMwes edrnowledged before rtre Mis _ day of , 2D1_ by (Signature) (Printed Name) Notary Public County, Minnesota My Commission Fxpires January 31, 201_ SURVEYORS CERTIFICATION I, RbheN L. Licht, do hereby cedMy that tl~is plat was prepared by me or under my direct supervision; that I em a duly Licensed Land Surveyor in th State of Mlnnesote; that this ie a coned represenfefion of the boundary survey; that all methemetlcel date and labels are mrtectlY designated definedpl M narreaofe Stefu~ ~Sedion~505.01eSUabdh 3, as of Iha date of ihiBnceNBcafe are! shown and leabeled on Mis ple~4'aa~d all putt c ways are shovm and labeled on this plat. Dated Mis _dey of , 201_ RirJrercl L. UdrL Licensed Lend Surveyor Minnesota Llcenae No.2fi724 STATE OF MINNESOTA County OF HENNEPIN The foregoing Surveyors Certficete was acknowledged beore me O~is _ day at , 201_ by Richert! L Lidtt, e Licensed Land Suneyor. (Signature) (Printed Name) County, Minnesota Notary Public My Commisaian Expires Jenuery3l, 201_ RICHFIELD, MINNESOTA This plat of RICHFIELD GARDENS 2ND ADDITION was eppoved and accepted by the City Courrcfi of RICHFIELD, Mimwsate, of a regular meeting fiiereof held Mis _ day of .201_ If applicable, the written comments and recommended la ~ Commbaioner of Trenspodatlon and ttre County Highway Englrreer have been received by th City or the D~ ~ ~Y D~ P~ without recelpl of such cemmems and recemmende5ons, as provided by Minn. Statutes, Section 505.03, Suhd. 2. CITY COUNCIL OF RICHFIELD, MINNESOTA B ,Mayor By ,Clerk Y TAXPAYER SEiMCES DEPARTMENT, Hennepin County, Minneaole I hereby cemfy that taxes payable in 201_ and pda years have been paid for land described on this plat, dated Ihis _ day of ,201_ Jfil L. Alverson, Hennepin County Audttor 8y DeP'AY SDRVEY DIWSION, Hennepin County, Minnesota 201_ Pursuant to MINN. STAT. Sec. 3838.585 (19691 this plat has been apPreved this _ day of WlBiem P. Brown, Hennepin County Surveyor 8y REGISTRAR OF TRLES, Hennepin Ccunry, Minnesota .201Je1 I hereby certity that the within plat of RICHFIELD GARDENS 2ND ADDITION was filed in this office this _ dey of _c'dock_m. Michael H. Cunnttf, Registrar of Idles , By Deputy ~~y SHEET I OF 2 SHEETS AGENDA SECTION AGENDA ITEM # REPORT # ~' STAFF REPORT CITY COUNCIL MEETING MARCH 22, 2011 PROPOSED ORDINANCE 12 73 REPORT PREPARED BY: HEINE, CITY ATTORNEY NatirE, REVIEWED BY CITY MANAGER: ITEMS FOR COUNCIL CONSIDERATION: 1. Second reading of an ordinance amendment relating to vacant buildings; and 2. Resolution-authorizing publication of the ordinance by title and summary. I. RECOMMENDED ACTION: By Motion: 1. Conduct a second reading and adopt an ordinance amending Richfield City Code Section 925 by adding a new subsection related to vacant buildings, with changes as set forth in the staff report; and 2. Approve a resolution authorizing publication of the ordinance by title and summary II. BACKGROUND One of the effects of the economic recession has been an increase in the number of vacant buildings.. Vacant buildings have adverse effects on the livability of the community, especially when they are not properly managed or maintained. The City has authority under State law to require vacant buildings to be properly secured. However, the law requires the City to adopt an ordinance if the City wants to provide for emergency securing of buildings. The proposed ordinance also regulates vacant buildings by requiring them to be registered and by requiring the persons responsible for the buildings to provide the City with a plan and timetable to return the building to occupancy and use and to correct code violations or nuisances, or demolish the building. 0322 Second Reading of Vacant Building Ordinance Amendment The City Council held a first reading of the ordinance on March 8, 2011. Upon further review by City staff, staff recommends that the City Council consider the following minor revisions to the proposed ordinance: ^ At subdivision 4(a), revise to provide that the compliance official is the city manager or the manager's designee. ^ At subdivision 5(a), change the deadline for registration from 30 days to ninety days. Staff makes this recommendation because the ordinance is intended to address long-term vacancies, and even ordinary real estate transactions can result in vacancies in excess of 30 days. ^ At subdivision 5(d), modify to address the change made at subdivision 5(a). ^ At subdivision 8(c), replace the existing language with a requirement that owners of vacant buildings comply with the State Fire Code. The replaced language duplicates requirements of the Fire Code. ^ At subdivision 8(I), substitute the word "alarm" for "protection" in the heading. If the Council approves the changes, the appropriate motion is to approve the ordinance on second reading, with the changes as recommended by staff. III. BASIS OF RECOMMENDATION A. POLICY • Vacant buildings adversely impact the livability of the community, especially when they are not properly managed or maintained. • The City incurs costs in monitoring vacant buildings, whether the buildings are boarded or not. That cost should be borne by the persons responsible for the buildings rather than by taxpayers. B. CRITICAL TIMING ISSUES • Adoption of the ordinance will allow the City to implement a vacant building registration process. C. FINANCIAL, • The registration fee is intended to offset City costs in monitoring vacant buildings. • The adoption of the proposed resolution will reduce the City's publication costs for the ordinance. D. LEGAL • The City Attorney prepared the proposed ordinance. E. ENVIRONMENTAL CONSIDERATIONS • Vacant buildings often become dumping grounds for junk, debris and other materials, some of which may be hazardous or detrimental to the environment. • Vacant buildings are a source of blight in the community. IV. ALTERNATIVE RECOMMENDATION(S~ • None. V. ATTACHMENTS • Two copies of the ordinance are attached. One shows the language from the ordinance at first reading and provides the staff's recommended changes in bold typeface. The second is a clean copy of the ordinance, as revised with the staff recommended changes. • Resolution authorizing publication by title and summary. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~a- ~ CITY OF RICHFIELD STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING THE CITY CODE PERTAINING TO PUBLIC NUISANCES CAUSED BY VACANT OR ABANDONED BUILDINGS AND PROVIDING AUTHORITY TO REGISTER, MONITOR, ABATE, ASSESS, AND CLOSE VACANT OR ABANDONED BUILDINGS IN THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Section 925 of the Richfield City Code is amended by adding the following new subsection: 925.02. Registration and Regulation of Vacant Buildings. Subdivision 1. Polic The purpose of this. subsection is to protect the public .health, safety, and welfare by establishing a program for the identification and regulation of vacant buildings within the City. Subsection 925.02 also determines the responsibilities of owners of vacant buildings and provides for administration, enforcement, and penalties associated with the same. ` Subd.2. Findings. (a) Vacant buildings have become a major cause of and source of blight in residential and non-residential neighborhoods, especially when the owner or responsible party of the building fails to actively maintain and manage the building to ensure they do not become a liability to neighborhoods and the community. (b) Vacant buildings may attract transients, homeless people, trespassers, and criminals, including drug abusers. Neglect of vacant buildings, as well as use of vacant buildings by transients and criminals, creates a risk of fire, explosion, or flooding for the vacant building and adjacent properties. (c) Vacant properties are often used as dumping grounds for junk and debris and are often overgrown with weeds and grass. (d) Vacant buildings that are boarded up to prevent entry by transients and other long-term vacancies discourage economic development and retard appreciation of property values. (e) There is a substantial cost to the City for monitoring vacant buildings regardless of whether those buildings are boarded or not. This cost should not be borne by the general taxpayers of the community but rather these costs should be borne by those who are responsible for vacant buildings'. It is a responsibility of property ownership to prevent property from 0322 Second Reading of Vacant Building Ordinance Amendment is-~ becoming a burden to the neighborhood and community and a threat to the public health, safety, or welfare. (f) Owners of multiple vacant properties within the city that allow code violations, criminal activity, or other activity or conditions that create a public nuisance upon their vacant properties to continue for extended periods contribute to blight and neighborhood decline in a much greater manner than a single property owner. Therefore, owners of multiple properties who fail to maintain their properties and correct violations, criminal activity or public nuisances on their vacant properties shall be subject to imposition of higher administrative penalties in order to encourage these owners to correct violations in a prompt manner. Subd. 3. Adoption of State Law. Minnesota State Statute 463.251, in its entirety, and any future amendments to said statute are adopted by reference. Subd. 4. .Definitions. The following definitions shall apply in the interpretation and enforcement of this subsection: (a) .Compliance Official -means the [Public Safety Director, Fire Chief, Building Official, Public Health Official, Public Works Director and/or their] [City Manager or the manager's] designee. (b) Building - means a building or structure designed for business use or human use or occupancy. (c) Owner -means those shown to be the owner or owners on the records of the Hennepin County Department of Property Taxation; those identified as the owner or owners on a vacant building registration form, a holder of an unrecorded contract for deed, a mortgagee or vendee in possession, a mortgagor or vendor in possession, an assignee of rents, a r receiver, an executor, a trustee, a lessee, other person, firm or corporation in control of the freehold of the premises or lesser estate therein. An owner also means any person, partnership, association, corporation, or fiduciary having a legal or equitable title or any interest in the property or building. This includes any partner, officer, or director of any partnership, corporation, association or other legally-constituted business entity. All owners shall have joint and several obligations for compliance with the provisions of this subsection. (d) Responsible party -means an owner, occupant, entity or person acting as an agent for the owner who has direct or indirect control or authority over the building or real property upon which the building is located. Any party having a legal or equitable interest in the property. Responsible party may include, but is not limited to, a realtor, service provider, mortgagor, leasing agent, management company or similar person or entity. (e) Vacant building - means a building or structure in which no person or persons actually and currently conducts a lawful business or ~a- lawfully resides or lives in any part of the building on a permanent, non- transient basis in accordance with city code; or, is occupied by unauthorized persons for any amount of time. (f) Premises -means any real property and any appurtenant building or structure. (g) Dwelling -means the building or part of a building used by an individual as a place of residence on either afull-time or a part-time basis. A dwelling may be a part of amulti-dwelling or multi-purpose building, or a manufactured home as defined in this code or State Statutes. Subd. 5. Vacant Building Registration. (a) Application: The owner or responsible party must register a vacant building with the City no later than [thirty (30)] [ninety (90) days] after the building becomes vacant. The registration must be submitted on a form provided by the City and shall include the following information supplied by the owner: (1) The name, address, telephone number, and email address, if applicable, of each owner or the owner's representative; (2) The names, addresses, telephone numbers, and email addresses, if applicable, of all known lien holders and all other parties with any legal interest in the building; (3) The name, address, telephone number, and email address of a local agent, maintenance company, or person responsible for managing or maintaining the property; (4) The legal description, tax parcel identification number, and street address of the premises on which the building is situated; (5) A description of the premises, including the common address of the property; (6) The date the building became vacant, the period of time the building is expected to remain vacant, and a property plan and timetable for returning the building to appropriate occupancy or use and for correcting code violations and nuisances, or for demolition of the building; (7) The status of water, sewer, natural gas and electric utilities; (8) The owner must notify the compliance official of any changes in information supplied as part of the vacant building registration within fifteen (15) days of any change. ~~- ~I (b) Property Plan: The property plan identified in subsection 925.02, subd. 5(a)(6) must meet the following requirements: (1) General provisions -The plan must comply with all applicable regulations and meet the approval of the compliance official. It must contain a timetable regarding use or demolition of the property. The plan must be completed within 30 days after the building is registered. (2) Maintenance of building -The plan must identify the means and timetable for addressing all maintenance and nuisance-related items identified in the application. Any repairs, improvements or alterations to the property must comply with the applicable building codes and City regulations. (3) Plan Changes - If the property plan or timetable for the vacant building is revised in any way, the revisions must meet the approval of the compliance official. (4) Demolition Required - If a building has remained vacant for a period of three hundred and sixty-five (365) consecutive days, and the compliance official has not approved an alternative schedule in the property plan, the owner must demolish the building and restore the grounds. If .the owner does not demolish the building, the City may commence abatement and cost recovery proceedings for the abatement of the violation in accordance with City code and State Statutes. (c) Non-compliance and Notification: If the owner does not comply with the property plan or maintain or correct nuisance items, the City may commence abatement and recover its costs for correction of those items in accordance with City code and State Statutes. In the case of an absent owner and ongoing nuisance items, the City need not .provide notice of each abatement act to the owner. A single notice by the City to the owner that it intends to provide ongoing abatement until the owner corrects the items will be sufficient notice. (d) Exemptions: (1) [Remove this paragraph] Fire Damage - A building that has suffered fire damage is exempt from the registration requirement for a period of ninety (90) days after the date of the fire if the owner submits a request for exemption in writing to the compliance official. A request for exemption must be approved by the code official and include the following information supplied by the owner: (i) A description of the premises; (ii) The name and address of owner or owners; ~a-S (iii) A statement of intent to repair and reoccupy the building in an expeditious manner and the time frame for completion; and, (iv) Actions the owner will take to ensure the property does not become a nuisance for the neighborhood. (2) Snow-birds -Those persons who leave their residential buildings on a temporary basis for vacation purposes or to reside elsewhere during the winter season in excess of [thirty (30) ] [ninety (90)] sequential calendar days, and have the intent to return [within one hundred eighty (180) days], are exempt from the registration requirement as follows. Exemption as a "snowbird" will be granted with proper verification and a local agent contact or a no fee vacant building registration form with applicable contact information provided to the City. (e) Fees: The owner must pay an annual registration fee. The registration fee will be in an amount adopted by resolution by the City Council. The amount of the registration fee shall be reasonably related to the administrative costs for registering and processing the registration form and for the costs of the City in monitoring the vacant building site. The fee must be paid in full prior to the issuance of any building permits or licenses, with the exception of a demolition permit. (f) Waiver of Fee: The registration fee may be waived if the owner or responsible party has paid all past due registration fees and all other financial obligations and debts owed to the City that are associated with the vacant property and demonstrates, to the satisfaction of the compliance official: (1) that the property is re-occupied, with the exception of demolition, within a period of time deemed reasonable to the compliance official; and either (2) that he or she is in the process of demolition, rehabilitation, or other substantial repair of the vacant building; or (3) that he or she has a plan for the demolition, rehabilitation, or other substantial repair of the vacant building in a period of time that is deemed reasonable to the compliance official. (g) Assessment: If the registration fee or any portion is not paid within 60 days after billing, or within 60 days after any appeal becomes final, the City Council may certify the unpaid cost against the property in accordance with the process set forth in this code. (h) Issuance of Permit: Upon completion of the registration process and payment of the fee, the City will issue a Vacant Building Permit to the owner. The owner must securely post the permit on the vacant building ~a -~ on a side or rear entrance door that is not generally visible from the public street. If no side or rear- entrance door is available, the permit must be securely posted on another available entrance door. If the property is abandoned or the owner or responsible party fails to complete the registration process, the property will be administratively registered as a vacant property. Subd. 6. Change of Ownership. Anew owner(s) must register or re- register avacant building within fifteen (15) days of any transfer of an ownership interest in a vacant building. The new owner(s) must comply with the approved property plan and timetable submitted by the previous owner. Any proposed changes in the property plan must be submitted and approved by the compliance official. Subd. 7. Inspections. The compliance official may inspect any vacant building in the City for the purpose of enforcing and assuring compliance with this chapter and other applicable regulations. Upon the request of the compliance official, an owner or responsible party must provide access to all interior portions of the building and the exterior of the property in order to complete an inspection. If the owner or responsible party is not available to provide access to the interior of the building, the City may use any legal means to gain entrance to the building for inspection purposes. Prior to any re-occupancy, a vacant building must be inspected by the City and found to be in compliance with the City Code and all other applicable regulations. All application and re-inspection fees must also be paid prior to any re- occupancy of the building. All such fees are set by Resolution of the City Council Subd. 8. Maintenance of Vacant Buildings. The owner must comply with and address the following items in the property plan: (a) Appearance: All vacant buildings must be so maintained and kept that they appear to be occupied. (b) Securing: All vacant buildings must be secured from outside entry by unauthorized persons or pests. Security must be by the normal building amenities such as windows and doors having adequate strength to resist intrusion. All doors and windows must remain locked. There shall be at least one operable door- into every building and into each housing unit. Exterior walls and roofs must remain intact without holes. Vacant buildings shall be boarded when the building can no longer be secured against intrusion by the closing and locking- of doors and windows in accordance with this chapter. (1) Architectural (Cosmetic) Structural Panels - Architectural structural panels may be used to secure windows, doors and other openings provided they are cut to fit the opening and match the characteristics of the building. Architectural panels may be of exterior grade-finished plywood or Medium Density Overlaid plywood (MDO) that is painted to match the building ~a -~ exterior or covered with a reflective material such as plexi- glass to simulate windows. (2) Temporary Securing -Untreated plywood or similar structural panels or temporary construction fencing may be used to secure windows, doors and other openings for a maximum period of 14 days. (3) Artistic board-up - -With prior approval of the compliance official, artistic options may be utilized to secure a vacant building. (4) Emergency securing -The compliance official may take steps to immediately secure a vacant building at his or her discretion in emergency circumstances. (c) Fire Safety: [insert "Owners of vacant buildings must comply with the Minnesota State Fire Code" and remove paragraphs 1 and 2 below.] (1) Fire protection systems -Owners of non-residential vacant buildings must maintain all fire protection systems, appliances and assemblies in operating condition and maintain underwriter laboratories (UL) monitoring of all systems. (2) Removal of hazardous and combustible materials -The owner of any vacant building, or vacant portion thereof, must remove all hazardous material and hazardous refuse that could constitute a fire hazard or contribute to the spread of fire. (d) Plumbing fixtures: Plumbing fixtures connected to an approved water system, an approved sewage system, or an approved natural gas utility system must be installed in accordance with applicable codes and be maintained in sound condition and good repair or removed and the service terminated in the manner prescribed by applicable codes. The building's water systems must be protected from freezing. (e) Electrical: Electrical service lines, wiring, outlets or fixtures not installed or maintained in accordance with applicable codes must be repaired, removed or the electrical services terminated to the building in accordance with applicable codes. (f) Lighting: All exterior lighting fixtures must be maintained in good repair, and illumination must be provided to the building and all walkways in the same manner as provided at the time the building was last occupied (unless electrical .utilities have been terminated under subsection 5 or 8 of this section) or as otherwise provided in the approved vacant building plan. ~a-$ (g) Heating: Heating facilities or heating equipment in vacant buildings must be removed, rendered inoperable, or maintained in accordance with applicable codes. (h) Termination of utilities: The compliance official may require that water, sewer, electricity, or gas service to the vacant building be terminated or disconnected. Prior to the termination of any utility service, written notice must be given to the owner if possible, or posted directly at the property, unless an imminent hazard exists because of the utility. No utility may be restored until consent is given by the compliance official. Utilities may be discontinued at the request of the owner or responsible party as part of the approved vacant building property plan. The compliance official may authorize immediate termination of utilities at his or her discretion in emergency .circumstances. (i) Signage: Obsolete or unused exterior signs and installation hardware must be removed. Holes and penetrations must be properly patched and painted to match the building. Surfaces beneath the signs that do not match the building must be repaired, resurfaced, painted or otherwise altered to be compatible with the building surfaces. All signs must be maintained in good condition and in compliance with this code. Auction signs or attention-getting devices may be placed on a property for no more than fourteen (14) consecutive days prior to the auction date and must be removed within three (3) days following the auction. (j) Exterior maintenance: The owner must comply with all applicable property maintenance regulations and City codes including, but not limited to, the following: (1) Public nuisances -The owner must eliminate any activity on the property that constitutes a public nuisance as defined by City code. (2) Grass and weeds -Any weeds or grass must be no greater than six (6) inches in height. (3) Exterior structure maintenance -The owner must maintain the vacant building in compliance with City code and building codes as determined to be necessary by the code official. (4) Abandoned or junk vehicles - The owner must remove abandoned and junk vehicles from the property. The City may impound such vehicles consistent with the requirements of the City code. (5) Storage and disposal of refuse -The storage and disposal of refuse must comply with the requirements of the City code. (6) Animals -The owner must ensure that all animals are removed from the property and handled in a humane manner. i ~-q (7) Diseased, dead or hazardous trees -The owner must remove diseased, dead or hazardous trees or branches from the property in accordance with the City code. (8) Graffiti -The owner must remove all graffiti from the property in accordance with City code. (9) Abandoned pools -Swimming pools must be maintained, drained, emptied, and/or secured in accordance with City code. (k) Removal of garbage and refuse: The owner of any vacant building, or vacant portion thereof, must remove all garbage, refuse, rubbish, swill, filth, or other materials from the vacant building and the property upon which the building is located. (I) Police and fire [protection][alarm systems]: The owner must properly maintain all alarm systems in any vacant building or portion thereof in operating condition; or, discontinue their service unless such service is required by code. (m) Loitering and/or criminal activities: Loitering or engaging in criminal activities is not allowed in the vacant building or on the real property upon which the vacant building is located. The owner or responsible party must not allow these activities and take immediate actions to eliminate these conditions once notified by the City. (n) Emergency Abatement: The compliance official may authorize immediate abatement of any public nuisance or maintenance item if, in the discretion of the compliance official, emergency circumstances exist that present an imminent threat to the public health and safety. (o) Other Codes. A plan for compliance with all applicable provisions of City code and other applicable regulations. Subd. 9. No Occupancy or Trespass. No person may trespass, occupy or reside in, on a temporary or permanent basis, any vacant building without the owner's consent. Subd. 10. Vandalism or Removal of Items Prohibited. No person may vandalize or remove items from a vacant building or the property upon which it is located, including, but not limited to, appliances, fixtures, electrical wiring, copper, or other similar items without the owner's consent. Subd. 11. Appeal. Any person or responsible party aggrieved by a decision under sections of this chapter may appeal to the City Council. The appeal must be in writing, must specify the grounds for the appeal, and must be submitted to the Public Safety Director within ten business days of the decision that is basis of the appeal. ~a-io Subd. 12. Penalties. Any person or responsible party who violates any provision of this subsection is subject to a misdemeanor penalty and any administrative fees as provided under City code and this subsection. Imposition of such penalties, however, is not deemed to impair other remedies or civil penalties available to the City under this code or state law. Section 2. This ordinance shall be effective as provided in Section 3.09 of the Richfield City Charter. Adopted this 22nd day of March, 2011. By: Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~ a-~~ CITY OF RICHFIELD STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING THE CITY CODE PERTAINING TO PUBLIC NUISANCES CAUSED BY VACANT OR ABANDONED BUILDINGS AND PROVIDING AUTHORITY TO REGISTER, MONITOR, ABATE, ASSESS, AND CLOSE VACANT OR ABANDONED BUILDINGS IN THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Section 925 of the Richfield City Code is amended by adding the following new subsection: 925.02. Registration and Regulation of Vacant Buildings. Subdivision 1. Policy. The purpose of this subsection is to protect-the public health, safety, and welfare by establishing a program for the identification and regulation of vacant buildings within the City. Subsection 925.02 also determines the responsibilities of owners of vacant buildings and provides for administration, enforcement, and penalties associated with the same. Subd.2. Findings. (a) Vacant buildings have become a major cause of and source of blight in residential and non-residential neighborhoods, especially when the owner or responsible party of the building fails to actively maintain and manage the building to ensure they do not become a liability to neighborhoods and the community. (b) Vacant buildings may attract transients, homeless people, ~` trespassers, and criminals, including drug abusers. Neglect of vacant buildings, as well as use of vacant buildings by transients and criminals, creates a risk of fire, explosion, or flooding for the vacant building and adjacent properties. (c) Vacant properties are often used as dumping grounds for junk and debris and are often overgrown with weeds and grass. (d) Vacant buildings that are boarded up to prevent entry by transients and other long-term vacancies discourage economic development and retard appreciation of property values. (e) There is a substantial cost to the City for monitoring vacant buildings regardless of whether those buildings are boarded or not. This cost should not be borne by the general taxpayers of the community but rather these costs should be -borne by those who are responsible for vacant buildings. It is a responsibility of property ownership to prevent property -a - ~a from becoming a burden to the neighborhood and community and a threat to the public health, safety, or welfare. (f) Owners of multiple vacant properties within the city that allow code violations, criminal activity, or other activity or conditions that create a public nuisance upon their vacant properties to continue for extended periods contribute to blight and neighborhood decline in a much greater manner than a single property owner. Therefore, owners of multiple properties who fail to maintain their properties and correct violations, criminal activity or public nuisances on their vacant properties shall be subject to imposition of higher administrative penalties in order to encourage these owners to correct violations in a prompt manner. Subd. 3. Adoption of State Law. Minnesota State Statute 463.251, in its entirety, and any future amendments to said statute are adopted by reference. Subd. 4. Qefinitions. The following definitions shall apply in the interpretation and enforcement of this subsection: (a) Compliance Official - means the City Manager or the manager's designee. (b) Building - means a building or structure designed for business use or human use or occupancy. (c) Owner -means those shown to be the owner or owners on the records of the Hennepin County Department of Property Taxation; those identified as the owner or owners on a vacant building registration form, a holder of an unrecorded contract for deed, a mortgagee or vendee in possession, a mortgagor or vendor in possession, an assignee of rents, a receiver, an executor, a trustee, a lessee, other person, firm or corporation in control of the freehold of the premises or lesser estate therein. An owner also means any person, partnership, association,. corporation, or fiduciary having a legal or equitable title or any 'interest in the property or building. This includes any partner, officer, or director of any partnership, corporation, association or other legally-constituted business entity. All owners shall have joint and- several obligations for compliance with the provisions of this subsection. (d) Responsible party -means an owner, occupant, entity or person acting as an agent for the owner who has direct or indirect control or authority over the building or real property upon which the building is located. Any party having a legal or equitable interest in the property. Responsible party may include, but is not limited to, a realtor, service provider, mortgagor, leasing agent, management company or similar person or entity. ~a - ~3 (e) Vacant building - means a building or structure in which no person or persons actually and currently conducts a lawful business or lawfully resides or lives in any part of the building on a permanent, non- transient basis in accordance with city code; or, is occupied by unauthorized persons for any amount of time. (f) Premises -means any real property and any appurtenant building or structure. (g) Dwelling -means the building or part of a building used by an individual as a place of residence on either afull-time or a part-time basis. A dwelling may be a part of amulti-dwelling or multi-purpose building, or a manufactured home as defined in this code or State Statutes. Subd. 5. Vacant Building Registration. (a) Application: The owner or responsible party must register a vacant building with the City no later than ninety (90) days after the building becomes vacant. The registration must be submitted on a form provided by the City and shall include the following information supplied by the owner: (1) The name, address, telephone number, and email address, if applicable, of each owner or the owner's representative; (2) The names, addresses, telephone numbers, and email addresses, if applicable, of all known lien holders and all other parties with any legal interest in the building; (3) The name, address, telephone number, and email address of a local agent, maintenance company, or person responsible for managing or maintaining the property; (4) The legal description, tax parcel identification number, and street address of the premises on which the building is situated; (5) A description of the premises, including the common address of the property; (6) The date the building became vacant, the period of time the building is expected to remain vacant, and a property plan and timetable for returning the building to appropriate occupancy or use and for correcting code violations and nuisances, or for demolition of the building; (7} The status of water, sewer, natural gas and electric utilities; ~a-~~ (8) The owner must notify the compliance official of any changes in information supplied as part of the vacant building registration within fifteen (15) days of any change. (b) Property Plan: The property plan identified in subsection 925.02, subd. 5(a)(6) must meet the following requirements: (1) General provisions - The plan must comply with all applicable regulations and meet the approval of the compliance official. It must contain a timetable regarding use or demolition of the property. The plan must be completed within 30 days after the building is registered. (2) Maintenance of building -The plan must identify the means and timetable for addressing all maintenance and nuisance- related items identified in the application. Any repairs, improvements or alterations to the property must comply with the applicable building codes and City regulations. (3) Plan Changes - If the property plan or timetable for the vacant building is revised in any way, the revisions must meet the approval of the compliance official. (4) Demolition Required - If a building has remained vacant for a period of three hundred and sixty-five (365) consecutive days, and the compliance official has not approved an alternative schedule in the property plan, the owner must demolish the building and restore the grounds. If the owner does not demolish the building, the City may commence abatement and cost recovery proceedings for the abatement of the violation in accordance with City code and State Statutes. (c) Non-compliance and Notification: If the -owner does not comply with the property plan or maintain or correct nuisance items, the City may commence abatement and recover its costs for correction of those items in accordance with City code and State Statutes. In the case of an absent owner and ongoing nuisance items, the City need not provide notice of each abatement act to the owner. A single notice by the City to the owner that it intends to provide ongoing abatement until the owner corrects the items will be sufficient notice. (d) Exemption for snow-birds: neighborhood. Those persons who leave their residential buildings on a temporary basis for vacation purposes or to reside elsewhere during the winter season in excess of ninety (90) sequential calendar days, and have the intent to return within one hundred eighty (180) days, are exempt from the registration requirement as follows. Exemption as a "snowbird" will be granted with proper verification and a local ~ a -~s agent contact or a no fee vacant building registration form with applicable contact information provided to the City. (e) Fees: The owner must pay an annual registration fee. The registration fee will be in an amount adopted by resolution by the City Council. The amount of the registration fee shall be reasonably related to the administrative costs for registering and processing the registration form and for the costs of the City in monitoring the vacant building site. The fee must be paid in full prior to the issuance of any building permits or licenses, with the exception of a demolition permit. (f) Waiver of Fee: The registration fee may be waived if the owner or responsible party has paid all past due registration fees and all other financial obligations and debts owed to the City that are associated with the vacant property and demonstrates, to the satisfaction of the compliance official: (1) that the property is re-occupied, with the exception of demolition, within a period of time deemed reasonable to the compliance official; and either (2) that he or she is in the process of demolition, rehabilitation, or other substantial repair of the vacant building; or (3) that he or she has a plan for the demolition, rehabilitation, or other substantial repair of the vacant building in a period of time that is deemed reasonable to the compliance official. (g) Assessment: If the registration fee or any portion is not paid within 60 days after billing, or within 60 days after any appeal becomes final, the City Council .may certify the unpaid cost against the property in accordance with the process set forth in this code. (h) Issuance of Permit: Upon. completion of the registration process and payment of the fee, the City will issue a Vacant Building Permit to -the owner. The owner must securely post the permit on the vacant building on a side or rear entrance door that is not generally visible from the public street. If no side or rear entrance door is available, the permit must be securely posted on another available entrance door. If the property is abandoned or the owner or responsible party fails to complete the registration process, the property will be administratively registered as a vacant property. Subd. 6. Change of Ownership. Anew owner(s) must register or re- register avacant building within fifteen (15) days of any transfer of an ownership interest in a vacant building. The new owner(s) must comply with the approved property plan -and timetable submitted by the previous owner. Any proposed changes in the property plan must be submitted and approved by the compliance official. ~a-i~ Subd. 7. Inspections. The compliance official may inspect any vacant building in the City for the purpose of enforcing and assuring compliance with this chapter and other applicable regulations. Upon the request of the compliance official, an owner or responsible party must provide access to all interior portions of the building and the exterior of the property in order to complete an inspection. If the owner or responsible party is not available to provide access to the interior of the building, the City may use any legal means to gain entrance to the building for inspection purposes. Prior to any re-occupancy, a vacant building must be inspected by the City and found to be in compliance with the City Code and all other applicable regulations. All application and re-inspection fees must also be paid prior to any re-occupancy of the building. All such fees are set by Resolution of the City Council Subd. 8. Maintenance of Vacant Buildings. The owner must comply with and address the following items in the property plan: (a) Appearance: All vacant buildings must be so maintained and kept that they appear to be occupied. (b) Securing: All vacant buildings must be secured from outside entry by unauthorized persons or pests. Security must be by the normal building amenities such as windows and doors having adequate strength to resist intrusion. All doors and windows must remain locked. There shall be at least one operable door into every building and into each housing .:unit. Exterior walls and roofs must remain intact without holes. Vacant buildings shall be boarded when the building can no longer be secured against intrusion by the closing and locking of doors and windows in accordance with this chapter. (1) Architectural (Cosmetic) Structural Panels -Architectural structural panels may be used to secure windows, doors and other openings provided they are cut to fit the opening and match the characteristics of the building. Architectural panels may be of exterior grade-finished plywood or Medium Density Overlaid plywood (MDO) that is painted to match the .building exterior or covered with a reflective material such as plexi-glass to simulate windows. (2) Temporary Securing - Untreated plywood or similar structural panels or temporary construction fencing may be used to secure windows, doors and other openings for a maximum period of 14 days. (3) Artistic board-up -With prior approval of the compliance official, artistic options may be utilized to secure a vacant building. ~a-~~ (4) Emergency securing -The compliance official may take steps to immediately secure a vacant building at his or her discretion in emergency circumstances. (c) Fire Safety: Owners of vacant buildings must comply with the Minnesota State Fire Code (d) Plumbing fixtures: Plumbing fixtures connected to an approved water system, an approved sewage system, or an approved natural gas utility system must be installed in accordance with applicable codes and be maintained in sound condition and good repair or removed and the service terminated in the manner prescribed by applicable codes. The building's water systems must be protected from freezing. (e) Electrical: Electrical service lines, wiring, outlets or fixtures not installed or maintained in accordance with applicable codes must be repaired, removed or the electrical services terminated to the building in accordance with applicable codes. (f) Lighting: All exterior lighting fixtures must be maintained in good repair, and illumination must be provided to the building and all walkways in the same manner as provided at the time the building was last occupied (unless electrical utilities have been terminated under subsection 5 or 8 of this section) or as otherwise provided in the approved vacant building plan. (g) Heating: Heating facilities or heating equipment in vacant buildings must be removed, rendered inoperable, or maintained in accordance with applicable codes. (h) Termination of utilities: The compliance official may require that water, sewer, electricity, or gas service to the vacant building be terminated or disconnected. Prior to the termination of any utility service, written notice must be given to the owner if possible, or posted directly at the property, unless an imminent hazard exists because of the utility. No utility may be restored until consent is given by the compliance official. Utilities may be discontinued at the request of.the owner or responsible party as part of the approved vacant building property plan. The compliance official may authorize immediate termination of utilities at his or her discretion in emergency circumstances. (i) Signage: Obsolete or unused exterior signs and installation hardware must be removed. Holes and penetrations must be properly patched and painted to match the building. Surfaces beneath the signs that do not match the building must be repaired, resurfaced, painted or otherwise altered to be compatible with the building surfaces. All signs must be maintained in good condition and in compliance with this code. Auction signs or attention-getting devices may be placed on a property for no more than ~a - i ~ fourteen (14) consecutive days prior to the auction date and must be removed within three (3) days following the auction. (j) Exterior maintenance: The owner must comply with all applicable property maintenance regulations and City codes including, but not limited to, the following: (1) Public nuisances -The owner must eliminate any activity on the property that constitutes a public nuisance as defined by City code. (2) Grass and weeds -Any weeds or grass must be no greater than six (6) inches in height. (3) Exterior structure maintenance -The owner must maintain the vacant building in compliance with City code and building codes as determined to be necessary by the code official. (4) Abandoned or junk vehicles -The owner must remove abandoned and junk vehicles from the property. The City may impound such vehicles consistent with the requirements of the City code. (5) Storage and disposal of refuse -The storage and disposal of refuse must comply with the requirements of the City code. (6) Animals -The owner must ensure that all animals are removed from the property and handled in a humane manner. (7) Diseased, dead or hazardous trees -The owner must remove diseased, dead or hazardous trees or branches from the property in accordance with the City code. (8) Graffiti -The owner must remove all graffiti from the property in accordance with City code. (9) Abandoned pools -Swimming .pools must be maintained, drained, emptied, and/or secured in accordance with City code. (k) Removal of garbage and refuse: The owner of any vacant building, or vacant portion thereof, must remove all garbage, refuse, rubbish, swill, filth, or other materials from the vacant building and the property upon which the building is located. (I) Police and fire alarm systems: The owner must properly maintain all alarm systems in any vacant building or portion thereof in ~a - ~~ operating condition; or, discontinue their service unless such service is required by code. (m) Loitering and/or criminal activities: Loitering or engaging in criminal activities is not allowed in the vacant building or on the real property upon which the vacant building is located. The owner or responsible party must not allow these activities and take immediate actions to eliminate these conditions once notified by the City. (n) Emergency Abatement: The compliance official may authorize immediate abatement of any public nuisance or maintenance item if, in the discretion of the compliance official, emergency circumstances exist that present an imminent threat to the public health and safety. (o) Other Codes. A plan for compliance with all applicable provisions of City code and other applicable regulations. Subd. 9. No Occupancy or Trespass. No person may trespass, occupy or reside in, on a temporary or permanent basis, any vacant building without the owner's consent. Subd. 10. Vandalism or Removal of Items Prohibited. No person may vandalize or remove items from a vacant building or the property upon which it is located, including, but not limited to, appliances, fixtures, electrical wiring, copper, or other similar items without the owner's consent. Subd. 11. Appeal. Any person or responsible party aggrieved by a decision under sections of this chapter may appeal to the City Council. The appeal must be in writing, must specify the grounds for the appeal, and must be submitted to the Public Safety Director within ten business days of the decision that is basis of the appeal. Subd. 12. Penalties. Any person or responsible party who violates any provision of this subsection is subject to a misdemeanor penalty and any administrative fees as provided under City code and this subsection. Imposition of such penalties, however, is not deemed to impair other remedies or civil penalties available to the City under this code or state law. Section 2. -This ordinance shall be effective as provided in Section 3.09 of the Richfield City Charter. Adopted this 22nd day of March, 2011. By: ATTEST: Debbie Goettel, Mayor Nancy Gibbs, City Clerk ~~_ao RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. WHEREAS, the City has adopted the above referenced ordinance; and WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of publication of the complete text is not justified; and WHEREAS, the following summary clearly informs the public of the intent and effect of the ordinance. 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 AMENDING THE CITY CODE PERTAINING TO PUBLIC NUISANCES CAUSED BY VACANT OR ABANDONED BUILDINGS AND PROVIDING AUTHORITY TO REGISTER, MONITOR, ABATE, ASSESS, AND CLOSE VACANT OR ABANDONED BUILDINGS IN THE CITY OF RICHFIELD On March 22, 2011, the Richfield City Council adopted an ordinance designated as Bill No. ,the title of which is stated above. This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The ordinance requires owners or responsible parties of vacant buildings to register the buildings within 90 days after they become vacant. The owner or party must submit a plan for the management and maintenance of the vacant property, including a plan to return the property to occupancy or to demolish the building. The ordinance provides for city inspection and abatement of nuisances at vacant properties, with recovery of abatement costs by levying an assessment against the vacant property. Copies of the ordinance are available for public inspection in the office of the City Clerk during normal business hours or upon request by calling 612-861- ancy Gibbs, City Clerk BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of the ordinance in her office at City HaII 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 22nd day of March, 2011. Debbie Goettel, Mayor ATTEST: ncy Gibbs, City Clerk AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # 13 REPORT # 74 r STAFF REPORT CITY COUNCIL MEETING MARCH 22, 2011 REPORT PREPARED BY: JEFF PEARSON, TRANSPORTATION ENGINEER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: -ITEM FOR COUNCIL CONSIDERATION: Consideration of the Transportation Commission's recommendation for the Richfield Parkway 25-mph Curve Layout Alternative. I. RECOMMENDED ACTION: By Motion: Approve the 25-mph Curve Layout Alternative for the Richfield Parkway North Connection as recommended by the Transportation Commission. II. BACKGROUND Consistent with the Capital Improvement Plan and with both the City's Comprehensive Plan and Surface Water Management Plan, the Transportation Commission has completed the preliminary design process for the Richfield Parkway North Connection between 17t"Avenue and Bloomington Avenue. Layout Options The Transportation Commission began the preliminary design process in October 2010 by creating a list of criteria against which each layout alternative could be scored. The criteria list is attached. The Commission then explored the various options for creating the Richfield Parkway connection. All of the options that created a new roadway were similar in how they connected to the existing Richfield Parkway. Significant differences occurred in how the roadway connected to Bloomington Avenue. The options explored were: • A direct curve from Bloomington Avenue into Richfield Parkway. 032211 RichfieldParkway • A roundabout intersection of Bloomington Ave., Richfield Parkway, and 63rd Street. • A four-way stop intersection of Bloomington Ave., Richfield Parkway, and 63rd Street. • Keep the Taft Lake frontage road (referred to as the Do Nothing Alternative). Based on comments and feedback from meetings with Metro Transit, the Community Services Commission and the Planning Commission as well as public input at the November 17, 2010 Open House, the Transportation Commission decided to eliminate the roundabout option and to maintain full access to Bloomington Avenue and 63rd Street in the curve option. In an attempt to provide a curve option with fewer impacts to right-of-way, a tighter 15-mph curve was also included for consideration. However, the safety of such a tight curve on a 30-mph roadway was a large concern for technical staff. After scoring the four layout alternatives against the project criteria, the Transportation Commission recommended the 25-mph Curve Alternative at their March 2, 2011 meeting. Property Impacts All Richfield Parkway connection options considered by the Commission had significant property impacts near Bloomington Avenue. As the consultant examined the potential profile of the road, it was determined that even the four-way stop alternative would have major impacts to the adjacent properties. This was due to the unacceptably steep grade of the existing 63rd Street and that in order to make it safer and acceptable for increased car and truck traffic, the new road would have to be raised. The new road would then be considerably higher than the existing driveways. As it is currently proposed, the recommended 25-mph curve option would require full acquisition of three properties and partial acquisition of a fourth. However, impacts to the fourth property may be minimized or eliminated in final design. Staff has met with the residents of the impacted properties. Summaries of those conversations are included in the comments attachment. Park Impacts The 25-mph curve alternative has minimal impacts to Taft Park. Any loss in park land due to the road would be restored elsewhere. Further, the roadway construction would allow the parking lot at 63rd Street and 16th Avenue to be consolidated with the parking lot to the east near Home Depot. This will reduce event traffic on 16th Avenue and improve access to the softball fields on the south side of Taft Park. Technical Advisory Committee (TAC) In an effort to engage the various stakeholders involved in the Richfield Parkway project as well as to gather the technical advice desired by the Transportation Commission, a Technical Advisory Committee was established during the preliminary design process. Staff representatives from Three Rivers Park District, Metro Transit, Hennepin County, and Richfield took part in monthly meetings to review layout alternatives and provide input. III. BASIS OF RECOMMENDATION A. POLICY • Replacement of Cedar Avenue by a new Richfield Parkway is identified in the Comprehensive Plan (6-19). • The proposed Richfield Parkway connection would provide a secondary access to Cedar Point Commons as required in the developer's agreement. B. CRITICAL TIMING ISSUES • The approval of a preliminary design layout allows the City to move forward with Final Design when an agreement with Minnehaha Creek Watershed District is completed. C. FINANCIAL • There is no financial impact by approving the Transportation Commission's recommendations. Construction costs for all three alternatives were roughly the same. Right-of--way costs for the three alternatives vary according to property impacts. Although not noted in the graphic, the 15-mph curve may include partial impacts to property "C" and "D" based on final design. D. LEGAL • The City Attorney will be available for questions. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S~ • Council may choose not to approve the layout and direct staff on how to proceed. V. ATTACHMENTS • 25-mph Curve Layout Alternative • 15-mph Curve Layout Alternative • 4-way Stop Layout Alternative • Overall Taft Lake Improvements Graphic • Summary of Open House and Submitted Comments • Layout Goals/Criteria List • Preliminary Design Schedule VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Residents in the area ~ F • Rte ..~,,~~ ~7A. ~ r~ j1 '~ B ~~v_f! ~~ F rrg~ ~ 'Z~ ~ : t. _ ~ ~n - F~ ~ ~ r. . ~ .. :~, w :.. #.~'~~' ~i ~ '~ °A ,~ ~.~ ~ , , ~„ ~ ~f ~~ m <~ ~ -. ~~^^ ~' ,. ;: ~~ .. 1804 ADT (•900) '- _ 1750 ADT (-950}' ''• _ w- ~:~ ~ t ~ w ~ ° ~ ~~ ~~ ~~IF r `~ ~. , ~ ' s r - y~ ~~ ~ .~, ~ .u= `~`- ~ ~ rte. ~~` ~N` A ~. ~ ~~ f ~. 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( : L ~, ~ n r ~7 ~ ~ i T r 9 ~ J ~) `\ ru ~ ( ~ ,~ ~ r~ \ ~ ~ n "~{. ~ ~ T ~ ~ __ __ _ ~::~ ~ O ~ <nc~o D~~ ' mo o o m r r rr ~_ o , , ~ _ ~ ~ n ~ ~ ~ G o ~ - ~ ~ ° o ° r~ m a~ N w - ~ O N N n r C D O m ~ ~ ?io23m m 1D o r ~ ~~ ~ m m _ .~ ~ . ~ c g o_ ~ m m 3 -n m ~ 4 o ~' 2, D r o I~ ~ ° ' ~ ~ ~ rnm -, 1 C X '~ ~ N : ~°~: ~ d ~ d _ 4~ ~ i3-y 13-~ PUBLIC OPEN HOUSE NO. 1 Richfield Parkway North Connection Public Comment Card Summaries Mount November 17, 2010 7:00 p.m. - 8:30 p.m. rv School Gvmnasiur The purpose of the first open house was to present concept alternatives to the public and solicit feedback. There were 31 attendees listed on the sign-in sheet (attached). Boards and handouts were provided showing: • Roadway alignment concepts • Concepts to connect Bloomington Avenue and 63rd Street to the parkway • Evaluation criteria • Opportunities for input Comment cards were provided with specific questions as well as an opportunity for general feedback. The results are summarized below: QUESTION 1: Rank the connection options in order of preference, 4 being the most preferable: Aygi~a e~Scoie~~.,.~ ~ ~:. ~ Altern~,ti~e:~,~h~~ 2.48 Curve Option 2.17 Roundabout Option 2.93 4-way Stop Option 2.41 Do Nothing Option Name and Address Comment Eric Clark Believe important to keep residential with limited traffic -continue to 6216 Bloomington Avenue South drive traffic to 77th and 66th. Jennifer Dehn All options are not good for Bloomington Avenue residents between 6216 Bloomington Avenue 62nd and 63rd. Come up with more! Jerry Brevig I do not want to live between 66th Street and 66th Street. Because if this 6320 16~' Avenue is done, the traffic on 63rd will equal that of 66th. Tom Fitzhenry With option -full access option for Bloomington. No roundabout - 6737 Park Avenue people are going around the lake to avoid the one on 66th Street. Katie Nordstrom The roundabout would be preferred, but I do not want houses taken. 6215 Bloomington Roger Swanson Curve option -bus climbing hill is nearly impossible at that grade. 6401 14~` Avenue South Sharon Mollan Have good signage to direct traffic accordingly. 6426 14~' Avenue South Lee Mollan A great enhancer, for access to Target and H.D. The barricades are ugly 6426 14~' Avenue South and very tem orary. Doug Olson I do not favor creation of another roundabout or curve option. Four-stop 6608 Clinton Avenue South slows down all traffic. Grant Palms We like the idea of the curve as long as buses and heavy trucks move to 6337 15~' Avenue South the parkway. Carol Brochu No homes would be lost, and it would be the least cost (4-way stop). An 6345 13'i' Avenue South , exit is needed as well as an entrance. A sign could direct them to the shopping center. No buses or delivery trucks should be allowed west of Bloomington. Public Open House No. 1 November 17, 2010 Page 1 13 -!~ PUBLIC OPEN HOUSE NO. 1 November 17, 2010 Richfield Parkway North Connection 7:00 p.m. - 8:30 p.m. Public Comment Card Summaries Mount Calvary School Gymnasium Name and Address Comment Gene Brochu Less money to put road in, and no houses to move (4-way stop). 6345 13th Avenue South Thom Ritchie We oppose 4-way stop and roundabout due to steep hill on east 63rd 6237 15th Avenue South Street, which will limit sightlines and create difficulty merging for westbound drivers in slippery conditions. Helen Ashwood This would be cheapest and the best way to go (4-way stop). 6505 12th Avenue South Lynn Brevig Before you make another road and subject the residents in this area to 6320 16th Avenue South AGAIN more noise, construction, and traffic; figure out what you're going to do with 17th Avenue pro erties. John Theiringer Cedar Avenue option is called do nothing. If so, why is road 6945 Bloomington Avenue construction being shown? What is your interpretation of do nothing? QUESTION 2: Should Bloomington Avenue connect directly to Richfield Parkway? Totes Chosen ~ '; - ~ Choice,- _ Yes, access to and from Richfield 8 Parkway in all directions. Yes, access from Richfield Parkway in all 3 directions. 6 No, no direct access. Name and Address Comment Eric Clark Keep residential with slow limited traffic local. 6216 Bloomington Avenue South Jerry Brevig This is a quiet area. The construction will end that. The traffic will end 6320 16th Avenue that. And I'm not looking forward to the higher taxes. Tom Fitzhenry Many people. 6737 Park Avenue Katie Nordstrom My preference is no access to Target/Home Depot from Bloomington 6215 Bloomington Ave. Cedar Ave. to 66th Street does not impact residential. If access is needed, then something needs to be done to control speed so that residents can get out of their driveways. Sharon Mollan Please indicate the streets as no trucks or buses allowed. 6426 14th Avenue South Lee Mollan Full access. Encourage Minneapolis to go on parkway. Free up current 6426 14th Avenue South traffic on Bloomington, limited to cars and buses. No heavy trucks on parkway to Bloomington. Grant Palms Today it's very difficult to get from the neighborhood to Target / HD. 6337 15th Avenue South Carol Brochu Don't like any of these. 6345 13th Avenue South Gene Brochu No roundabout should be put in a residential neighborhood. 6345 13th Avenue South Thom Ritchie Best option! (No access) Provides quieter neighborhood for those living 6237 15t1i Avenue South west of Bloomington Av. Please add sidewalk access & crosswalk for residents walking to Taft Park. (See attachment.) Public Open House No. 1 November 17, 2010 Page 2 13-? PUBLIC OPEN HOUSE NO. 1 November 17, 2010 Richfield Parkway North Connection 7:0o p.m. - 8:30 p.m. Public Comment Card Summaries Mount Calvary School Gymnasium Name and Address Comment Lynn Brevig For the same reason you closed off 65 Sts. & 64 Sts.; we'll be 6320 16th Avenue South surrounded by the non-stop traffic. John Theiringer All options are undesirable. I would recommend that you consider closing 6945 Bloomington Avenue the off ram from east Hwy. 62 onto Bloomington Avenue. QUESTION 3: On the bar below, place an "X" to indicate how important it is to re-establish access to Cedar Point Commons and Richfield Parkway at 65th Street. Very Somewhat Neutral Somewhat Not Important Important ~ Unimportant Important 11 2 1 2 4 Name and Address Comment Eric Clark Why was this stopped in first place? 6216 Bloomington Avenue South Jerry Brevig By opening the barricade on 65 Avenue, maybe even 64 ,the need for 6320 16th Avenue connecting 63rd would be eliminated. I do realize complaints about traffic is what caused the barricades, but the complaints will come for 63rd too. Katie Nordstrom At this time, people can still access the stores by going around the lake. If 6215 Bloomington that option is removed for holding onds, then 66th Street is an option. Roger Swanson We need both 64 and 65 open to traffic. 6401 14th Avenue South Lee Mollan Very important to spur further growth and completion of Cedar Point. 6426 14th Avenue South Doug Olson Also suggest removing barricades at 64 if Richfield Parkway is extended to 6608 Clinton Avenue South Bloomington. Grant Palms That is only one block off 66 , we think it's more important to have it 6337 15th Avenue South further north. Plus, there is already congestion trying to get out of Target, and this will probably make it worse. Carol Brochu One access and exit is enough at 63r and Bloomington. 6345 13th Avenue South Helen Ashwood Target is my closest store. Most of our senior citizens will not go on the 6505 12th Avenue South roundabout. I did all my shop ing at Target before you blocked the roads. John Theiringer All options presented require that homeowner property be taken. Where are 6945 Bloomington Avenue these funds coming from and what year would this occur? Public Open House No. 1 November 17, 2010 Page 3 l3-~ PUBLIC OPEN HOUSE NO. 1 Richfield Parkway North Connection November 17, 2010 7:00 p.m. - 8:30 p.m. Public Comment Card Summaries Mount Calvary School Gymnasium General Comments Name and Address Comment Eric Clark Will there be any tax breaks to residents affected by this? 6216 Bloomington Avenue South Jerry Brevig If one of these plans is going to happen, I would have to say the 4-way stop 6320 16d` Avenue would be best in my opinion. Katie Nordstrom Thank you for asking our opinion. 6215 Bloomington Sharon Mollan Please have this as a priority item with the City. Cedar Point seems to be 6426 14d` Avenue South taking a "back seat" to the other Richfield improvements. Thank you. Lee Mollan We need asit-down restaurant in Cedar Point, Buffalo Wild Wings or Granite 6426 14d` Avenue South City or comparable. How is the bus going to make it up and down the hills in the winter with SNOW? I don't know about moving the bus route .. . Doug Olson Keep route along Taft Park on east to Bloomington Avenue in Minneapolis 6608 Clinton Avenue South o en as well. Grant Palms We really like the possibility of turning Bloomington back into a residential 6337 15~` Avenue South street - no heavy traffic, and remove the light at 66d'. Lynn Brevig Safety and access to the Park are the points here. How much more do we 6320 16d` Avenue South have to lose here? 63rd and 66d` is the only safe access into Taft Park that is used by children and pet owners alike. John Theiringer As with any size project, estimated costs should be provided. Therefore, what 6945 Bloomington Avenue is the estimated cost for each option? Norma Armstrong If a second access becomes mandatory to get to Target /Home Depot, I 6301 13t'' Avenue South would prefer the "full access" o tion - 63rd Street /Bloomington Avenue. Hartle's (Trisha) We live on 17 Avenue -Our street is already narrow. This project is good, 6332 17d' Avenue South if you take our homes. Also, the truck traffic should meet up with Bloomington. The summer activities at the park bring lots of traffic -again, take our homes, now. The parking lot at the end of 16t1i must go with this project. Where will the cars ark!! Can't park on 17d`, too narrow. George These options are a waste of money. The cheapest option, first remove the 62 & 13`" Avenue South barricades on 64`i' and 65d`. Kathy All of these options are ridiculous. The cheapest and easiest option is to 13d` Avenue remove the barricades on 64d` and 65d`. Public Open House No. 1 November 17, 2010 Page 4 13-~/ PUBLIC OPEN HOUSE N0.2 January 19, 2011 Richfield Parkway North Connection 7:00 p.m. - 8:30 p.m. Public Comment Card Summaries Mount Calvary School Gymnasium The purpose of the second open house was to present the developed alternatives (4) being evaluated by the Transportation Commission. Boards were provided showing the alternatives, the prioritized criteria the commission would be using, and the revised schedule. Handouts (attached) were provided. Twenty- eight (28) attendees are listed on the sign-in sheet (attached), and five written comments were received. Name and Address Comment Andrea Bolstad Now I have a safe access to Taft Park from my house. All these 6339 16~` Avenue South options make an unsafe way for my daughter to get to Taft. Please add a grade separated path to the park at 16~` Avenue. Plan #2 seems best, but am very concerned with increased traffic on 16~' Avenue South. Brenda Honadel 25 mph curve seems to be the best solution for flow of traffic to and 6401 Bloomington Avenue South from the Target/Home Depot development. It also reduces traffic into the residential area down Bloomington. I would like both bus routes (north and south) routed over to the development as well. The noise, fumes and litter that is produced from the buses should be contained to the high traffic area not residential streets. This option has the least negative impact to resident's homes and more benefit to the neighborhood. The four-way stop doesn't solve traffic into the residential area. This seems like the minimal change with the frontage road being removed, and I feel that if a change is going to be made ($ spent), we should do more for the area at the same time -good opportunity to make change. 15 mph would be second option. M. Hurley 25 mph most realistic. Hurry, buy our homes. 6414 17~' Avenue South Lee Mollan 15 mph curve option. 6426 14`" Avenue South Does not displace more homes and the 15 mph speed is better for pedestrians, walkers, bikers, etc. Option for second soccer field by (Mothers Lake) is a great idea. Bush or small tree buffer to deflect light for the softball field is a good idea. Berm is a great option so car lights in evening onto batter's eyes during games. I like the clean lake idea and second dock, trails, etc. Very good improvement! Sharon Mollan I would prefer the 15 mph curve option -which only affects one home. 6426 14`~ Avenue South Thank you for this information. Looking forward to the next public meeting to disclose what option is chosen and going forward. Thank you! Public Open House No. 2 January 19, 2011 Page 1 R:\Projects - MA70RUiichfield Parkway -Taft Lake\Public Involvement\1-19-I 1 Open\OH 2 Comments Cily Formatdoc 13-/0 MEETING WITH IMPACTED RESIDENTS Various Dates Richfield Parkway North Connection Conversation Summaries City staff met with the residents of the properties that would be impacted by the proposed Richfield Parkway (properties shown in blue on the project layout graphic). Below is a summary of their comments. Name and Address Comment Ouneheuone Sengsourichanh Contact was made but resident was not interested in talking with staff 6239 Bloomington Ave about potential partial impacts to property. (ph) (612) 869-4959 Partial Impact Property `A" on the graphic John & Helen Leary Residents expressed concerns over the amount of work involved with a 6245 Bloomington Ave move and stated they would prefer not to be purchased. They asked if (ph) (612) 866-5874 the alignment could be modified to result in only a partial impact to Full Impact their property. Property "B" on the raphic John & Beverly Loken Mr. Loken was eager to have home purchased and move. Mrs. Loken 6301 Bloomington Ave was less eager but accepting of the proposed layout and potential (ph) (612) 866-7505 impacts. They expressed interest in relocating within Richfield. Full Impact Property "C" on the graphic Ed Leutschaft Resident expressed concern about trying to back out onto the proposed 6300 16~' Avenue Parkway even if an alignment was designed to lessen impacts to his (ph) (612) 869-8410 property. Overall accepting of the proposed layout and potential Full Impact impacts. He expressed interest of relocating within Richfield. Property "D" on the graphic Public Open House No. 2 January 19, 2011 Page 1 R:\Projects - MAJORVUchfield Parlnvay - Taft l.ake\Pablic Involvement\1-19-11 OpenUmpacted Res Comments City Formatdoc 13- ll • j ~ ~ ' ^ .~^o^^. ^ ^ RATING (Ave rage) • Safety 5 • Trail crossing safety 4.1 • Meets the vision of Richfield Parkway 4.6 • Impact to redevelopment potential along q, Richfield Parkway • Impact.. to existing residential properties 3.9 • Future bus service and transit hub opportunities 3.8 • Impact to Focal street traffic 3.1 • ~o n n ectivity 3.6 • Speed control. f parkway transition 3.4 • Taft Park access 3.1 • Future Three Rivers trail ali nment and connection ~.~ g impact to Taft Park Z.8 • Use by larger vehicles (trucks and buses) ~ ~.6 • Future Bloomington Avenue classification and Z.4 connection to 66th Street • Impact to access to Bloomington Avenue south ~.~ of 63rd Street 13-I~ RICHFIELD PARKWAY PRELIMINARY DESIGN Key Dates October 6, 2010: Transportation Commission Meeting October 21, 2010: TAC Meeting ---------------------------------------------------------------------------- November 3, 2010: Transportation Commission Meeting November 10, 2010: Bicycle Master Plan Task Force Meeting Input November 16, 2010: Community Services Commission Meeting Input November 17, 2010: Public Open House Meeting Input November 22, 2010: TAC Meeting ---------------------------------------------------------------------------- December 1, 2010: Transportation Commission Meeting December 16, 2010: TAC Meeting ---------------------------------------------------------------------------- January 5, 2011: Transportation Commission Meeting January 19, 2011: Public Open House Meeting Input January 20, 2011: TAC Meeting January 25, 2011: City Council Study Session ---------------------------------------------------------------------------- February 2, 2011: Transportation Commission Meeting February 14, 2011: TAC Meeting ---------------------------------------------------------------------------- March 2, 2011: Transportation Commission Meeting March 10, 2011: Public Open House Recommendation Presentation March 22, 2011: City Council Meeting for Consideration Public Open House No. 2 January 19, 2011 Page 1 R:\Projec[s - MAIOR\Richfield Parkway -Tali Lake\Public Involvement\1-19-I I OpenU2ichneld Parlnvay Key Dates.dce AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # 14 REPORT # 75 STAFF REPORT CITY COUNCIL MEETING MARCH 22, 2011 `REPORT PREPARED BY: REVIEWED BY CITY MANAGER: / TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of appointment to City advisory commissions. L RECOMMENDED ACTION: By motion: Appoint person to fill the expiring or vacant terms on the City advisory commissions. II. BACKGROUND Several terms of City commission members expired on January 31, 2011. In addition, there are mid-term vacancies due to resignations that need to be filled. Several advisory commission appointments were made at the January 25, 2011 City Council meeting. However, vacancies remain on the Advisory Board of Health and Arts, Friendship City and Human Rights Commissions. III. BASIS OF RECOMMENDATION A. POLICY • The City advisory commissions were established by City ordinance or resolution. Terms are for three-years and are staggered. Several terms expire on January 31 annually. The Council directs the City Manager's office to conduct a recruitment seeking applicants to fill the vacancies. Interviews of the applicants are conducted at Special City Council meetings. These Council meetings are posted in accordance with the open meeting law requirements. CHERYL KRUMHOLZ, EXEC. COORDINATOR. 0322commission B. CRITICAL TIMING ISSUES • An applicant was interviewed at Special -City Council meeting on March 21, 2011. There are vacancies on some commissions. A. LEGAL • The Special City Council Meeting was posted in accordance with the open meeting law requirements. B. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION~S~ • Defer appointments to a later Council meeting. V. ATTACHMENTS • Commission vacancy list VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. ~~(-~ M O /-~ a ~_ N V/ W V Z Q U Q Z O O V X W L L~ r E m .~ N I I- J Q W LL O Q O m ~_ Q N N ~ ~ N N M c7 f~ f~ ~ ~ cc ~;. .~ N a~ 4-- N I Z O 0 Q ~td'chN ~~~~ O O O O N N N N ~~~~ M C7 P7 C7 ~~~~ ca c~ ca co ~ ~ ~ ~ ~cccc ~ ~ ~ E a~ c~ E L 4- N I Z O N O }U F- V a Z W d'd'MNN ~~~~~ O O O O O N N N N N ~ ~ ~ ~ ~ MC'7MC'7M ca ca ca cv cv ~ ~ ~ ~ ~ c c c c c N N N ~ r ~- N N N ~ ~ ~ MMC`') ~' ~.' ~.' co cv c6 ~ ~ ~ ~ ~ ~ 0 N U C U