062811completeagenda *** REVISED ***
• CITY OF RICHFIELD, MINNESOTA
TUESDAY, JUNE 28, 2011
RICHFIELD MUNICIPAL CENTER
*******************************************************************************************************
SPECIAL CONCURRENT CITY COUNCIL/HOUSING AND REDEVELOPMENT
AUTHORITY WORKSESSION
BARTHOLOMEW CONFERENCE ROOM
6700 PORTLAND AVENUE
5:30 P.M.
AGENDA
Call to order
Roll call
1. Discussion regarding proposed redevelopment of former Kmart at 66th Street and
Lyndale Avenue (Council Memo No. 59/HRA Memo No. 26)
Notes:
• Adjournment
SPECIAL CITY COUNCIL WORKSESSION
BARTHOLOMEW CONFERENCE ROOM
6700 PORTLAND AVENUE
IMMEDIATELY FOLLOWING CONCURRENT WORKSESSION
AGENDA
Call to order
Roll call
1. Discussion regarding potential community band shell (Council Memo No. 60)
Notes:
2. Discussion regarding organized garbage collection in Richfield (Council Memo No. 61)
Notes:
•
it
Adjournment
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
7:00 P.M.
AGENDA
INTRODUCTORY PROCEEDINGS
Call to order
Roll call
Open forum (15 minutes maximum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for
others. Comments are to be an opportunity to address the Council on items not on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting.
Notes:
•
Pledge of Allegiance
Approval of minutes of(1) Special City Council Worksession of June 14, 2011 and (2)
Regular City Council Meeting of June 14, 2011
PRESENTATIONS
1. Presentation by Richfield American Legion Post#435 of decommissioned United
States flag from old City Hall site
2. Presentation of Gene and Mary Jacobsen Outstanding Citizen of Year award to Diane
Ahlquist (Council Memo No. 62)
3. Presentation and consideration of resolution accepting $1,000 grant donation from
CenterPoint Energy Community Partnership Grant Program to Richfield Fire
Department to purchase gas monitoring equipment in 2011
Staff Report No. 125
Notes:
• 4. Presentation and receipt of City of Richfield Comprehensive Annual Financial Report
for fiscal year ended December 31, 2010 (Council Memo No. 68)
Staff Report No. 126
• Notes:
COUNCIL DISCUSSION
5. Council discussion
• Hats Off to Hometown Hits
Notes:
AGENDA APPROVAL
6. Council approval of agenda
CONSENT CALENDAR
7. Consent Calendar contains several separate items, which are acted upon by the City
Council in one motion. Once the Consent Calendar has been approved, the individual
items and recommended actions have also been approved. No further Council action is
necessary. However, any Council Member may request that an item be removed from
the Consent Calendar and placed on the regular agenda for Council discussion and
action. All items listed on the Consent Calendar are recommended for approval.
• A. Consideration of approval of contract for demolition with Frattalone Companies for
demolition of 7600 Portland Avenue in amount of$19,740 and authorizing staff to
contract for any uncovered abatement costs S.R. No. 127
B. Consideration of approval of transferring funds to close out certain capital project
and enterprise funds S.R. No. 128
C. Consideration of approval of resolution accepting six miscellaneous grant donations
in total amount of$600 received from Richfield residents through Residential
Mortgage Group "Refer a Friend. Build Your Community" program to be used to
defray costs of Fire and Life Safety educational programs conducted by Richfield
Fire Department S.R. No. 129
D. Consideration of approval of letters of support for Nine Mile Creek Regional Trail;
west segment and east segment S.R. No. 130
E. Consideration of approval of resolution authorizing joint powers agreement with
State of Minnesota to receive $5000 toward striping and signing modifications at
66th Street and Portland Avenue roundabout S.R. No. 131
F. Consideration of approval of amendment to Public Health Emergency Response
(PHER) I, II and Ill supplemental funding grant from Centers for Disease Control
through MN Department of Health for use in contract with City of Bloomington for
supporting and enhancing infrastructure critical to public health preparedness and
response S.R. No. 132
G. Consideration of approval of rejecting proposals received on December 10, 2010
for construction of tier-one skate park in Augsburg Park and authorizing staff to
advertise revised Request for Proposal for design and construction of tier-one skate
park in Augsburg Park S.R. No. 133
H. Consideration of approval of temporary on-sale 3.2 percent malt liquor license for
• Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue, activities
on July 4, 2011 S.R. No. 134
I. Consideration of approval of community celebration event and temporary on-sale
3.2 percent malt liquor licenses with fee waiver for Fourth of July Committee for
• events at Veterans Memorial Park, July 1 through July 5, 2011 S.R. No. 135
J. Consideration of approval of temporary 3.2 percent malt liquor license for The
Church of the Assumption Kermes event on July 10, 2011 S.R. No. 136
Notes:
8. Consideration of items, if any, removed from Consent Calendar
Notes:
PROPOSED ORDINANCES
9. Consideration of second reading of amendment to City Administrative Code Chapter 1,
Subsection 100.07 adopting references to Minnesota Statutes and Rules
Staff Report No. 137
Notes:
• 10. Consideration of second reading of ordinance amending Richfield City Code Subsection
925.02, relating to vacant building regulations and resolution authorizing summary
publication of ordinance amendment
Staff Report No. 138
Notes:
10A.Consideration of an ordinance relating to storage of garbage, refuse and
recyclables containers; amending Subsection 601.25 of the Richfield City Code
Staff Report No. 138A
Notes:
RESOLUTION
11. Consideration of resolution amending Appendix D of Richfield City Code related to fees
for vacant building registration
• Staff Report No. 139
Notes:
S
CITY MANAGER'S REPORT
12. City Manager's report
• July 4 City Council parade banner logistics
• Notices of potential public meetings to City Council i.e. Lyndale Garden Center
Workshops
Notes:
13. 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:
14. Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be
made at least 96 hours in advance to the City Clerk at 612-861-9738.
richfield: June 2011 Page 1 of 1
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
June 23, 2011
Council Memorandum No. 59 HRA Memorandum No. 26
The Honorable Mayor Housing and Redevelopment
and Authority Commissioners
Members of the City Council City of Richfield
Subject: Proposed Redevelopment of Former Kmart at 66th Street and Lyndale
Avenue (Worksession Agenda Item No. 1)
Council Members and Commissioners:
Representatives from Wellington Management will be discussing their proposed
redevelopment of the former Kmart site at 66th Street and Lyndale Avenue at the June
28, 2011 Special Concurrent City Council/HRA Worksession.
Res." submitted
j
'{ - evic
City Manager
SLD:cak
Email: Department Directors
Assistant City Manager
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
June 23, 2011
Council Memorandum No. 60
The Honorable Mayor
and
Members of the City Council
Subject: Potential Community Band Shell
(Worksession Agenda Item No. 1 )
Council Members:
The Community Services Commission has recruited several members and Richfield
resident David Butler to begin planning for a potential community band shell. The
planning group is ready to present some of their initial thoughts about a permanent
outdoor performance structure, including stage size and seating capacity
recommendations, potential uses and community benefits. The planning group has
identified two potential sites, Veterans Park and the newly proposed development at
Lyndale Garden Center.
The planning group has requested to present their initial thoughts on a band shell at the
City Council Worksession scheduled for June 28, 2011, and to see if the City Council
would like the planning group to continue working on this initiative. Members of the
planning group will be attending the Worksession along with Colleen Carey and the staff
fromr Cornerstone Group.
iiiiircffu submitted
14‘ le41 -1 C.Q
• -ven L. Devich
City Manager
SLD:cak
Email: Department Directors
Assistant City Manager
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
June 23, 2011
Council Memorandum No. 61
The Honorable Mayor
and
Members of the City Council
Subject: Organized Garbage Collection
(Worksession Agenda Item No. 2)
Council Members:
The Community Services Commission has discussed the idea of organized garbage
collection for the City. This topic was also discussed at the last Council Goal Session.
A study group has been formed, led by Commission member Greg Mangold. Mr.
Mangold prepared the attached report which summarizes a recent study conducted by
the Minnesota Pollution Control Agency on the analysis of waste collection service
arrangements and some initial opinions of the group. After reviewing the report and
discussing the matter further, the Commission reached a consensus in recommending
City Council to continue studying the possibility of organized collection.
The group is scheduled to meet with the Council at the Worksession on June 28, 2011
to determine if the Council wishes the group to work further on this matter. The group
will also present information on the City of Maplewood's progress of organizing garbage
collection and the process we would have to follow as outlined by State Statutes.
R: -- • submitted,
4 Stew, . Devi,
City Manager
SLD:cak
Attachment
Email: Department Directors
Assistant City Manager
REPORT TO CITY OF RICHFIELD, MINNESOTA COMMUNITY SERVICES
COMMISSION RECOMMENDING AN ORGANIZED MUNICIPAL SOLID WASTE
COLLECTION SYSTEM
By
Gregory Mangold
March 8, 2011
Introduction
At our February 15, 2011 Community Services Commission Meeting, the Commission asked me to
prepare a report summarizing my arguments for recommending that the city of Richfield adopt an
organized municipal solid waste collection system. Using information contained in the "Analysis of
" Infrastructure & Environment LLC
Waste Collection Service Arrangements" produced in 2009, by Foth Environment,
(Foth), a consultant retained by the Minnesota Pollution Control Agency; I attempt to describe three
potential advantages for Richfield was it to progress to an organized collection system of municipal solid
waste.
Three Potential Advantages
1. Lower Prices
Our household's February 15, 2011, invoice from Allied Waste for solid waste pick-up and recycling
services totals $58.91. We are billed every two months, for a monthly cost of$29.45 per month. We
have a small trash cart (32 gallon) and a 60 gallon recycle cart. The bill is split about evenly between
trash pickup $14.45 per month and recycling $15.00 per month. Literature on the subject suggests that
the cost of the trash collection component can be cut as much as one-half when private household
contracts for waste hauling are supplanted with an organized system. For us that would mean a savings
of about$7.22 per month.
Some would say that saving about 50% is too high. Let us assume the savings is only 30%. This would
mean our household would save about $4.34 per month or about $52.00 per year. Depending upon
your economic situation this may not be a big deal. But for some people, especially those on a fixed
income, this could be significant. Given our Midwestern ethic to pay our bills there could be retired
seniors, who if they had to choose, might choose paying the solid waste bill rather than buying a
prescription drug. If the savings from organized collection were closer to 50% or about $86 per year,
again using our bill as an example, then there would be even more money available for our citizens to
meet other financial obligations.
2.Reduced Truck Traffic
The Minnesota Department of Transportation (MnDot) uses a formula where the road impact of one
garbage truck is equivalent to 1,000 car trips. Foth states that most reference in different studies have
one garbage truck trip equivalent to a range of 857 to 1,429 car trips.
On June 5, 2010, my wife and I counted 19 "garbage" trucks passing in front our house at 6233
Washburn Avenue South. Three of the 19 trucks were yard waste trucks,which most likely do not weigh
as much as a garbage truck. This means that 16 trucks were either picking up municipal solid waste or
recyclables. Since we did not know their gross weight, to be somewhat accurate let us assume on
average they were one-half full and adjust the formula to 500 car trips for one garbage truck trip. This
means that on this Saturday(pushed back one day because of Memorial Day)there was the road impact
equivalent of 8,000 car trips (16 trips x 500) on Washburn Avenue in front our house. Assuming that
there are 16 trips each garbage day this means that in one year Washburn Avenue between 62nd and
64th Streets experiences a road impact equivalent of at least 416,000 car trips from garbage trucks'trips.
I have heard that Richfield streets are designed to carry the weight of garbage trucks, which when fully
loaded weigh at least 40,000 pounds, or 10 tons per axle. Some, if not all, Richfield streets are marked
with signs that restrict axle weight to four tons. At some point, the city of Richfield must have
concluded that axle weights exceeding four tons are not desirable; a vehicle weighing over twice the
limit must be causing significant damage to the street—especially over a period of time and during the
spring thaw.
Foth states that the city of Roseville engineer estimated that the cost to reconstruct one mile of a 7-ton
road is$500,000. The engineer also estimated that a road would last five to 10 years longer if garbage
truck traffic were reduced. Foth further states that the city of Oakdale conservatively estimated that
going from five haulers to one hauler would reduce street maintenance costs by slightly over 4% or a
savings on a$3,000,000 budget from$120,000 to$300,000 per year.
The city'of Richfield budgeted for 2011, $2,032,000 for the Public Works/Street Maintenance Division.
In addition, the 2010-2014 Capital Improvement Program (CIP) identifies $400,000 for mill and overlay
and $300,000 for sealcoat for each of the four years. (I assume that these costs are not included in the
$2,032,000 operating expenditure, but I am not sure.) But of even greater significance is that the CIP
identifies Portland Avenue and 66th Street East as streets to be reconstructed in 2013. Beyond 2014,
Nicollet Avenue and 76th Street East are scheduled for reconstruction. It would be good public planning
to devise a strategy to protect these reconstructed roads from avoidable damage.
Fewer garbage trucks would increase the level of public safety. When children are walking to their
school bus stop in our neighborhood, they are sharing the same street with the big trucks that are in a
hurry to complete their routes. The trucks start to show up in our neighborhood at 7:00 a.m., at the
same time students are walking in the street to the bus stop at 64th and Washburn. The threat to public
safety is even greater when students are walking in winter darkness. I can easily envision a situation
where a driver could be looking for addresses and not see a small child on a street. In an organized
collection system,there would be less competition for the use of the street and the drivers would not be
distracted trying to locate their customers because every residence would be a customer.
Other advantages of having less truck trips are a reduction in noise and air pollution. Granted, a lot of
people are gone during the day, but those who are left have to breathe the air polluted by diesel engine
exhaust and listen to the noise from engines and hydraulic equipment on what is normally a fairly quiet
street.
3. Community Control Over Decisions Relating to Waste Management
This is an area where I have the least to add of my own thoughts beyond that contained in Foth.
Examples of greater community control include (1.) enhanced ability to cooperate with other local
governments to best meet solid waste management and recycling objectives; (2.) enhanced ability for
communities to reduce energy impacts of public service; and (3.) more easily meet the requirements of
county ordinances and solid waste management plans as required under M.S.115.94
Summary
In my view these advantages are compelling. We have an opportunity to lower municipal solid waste
collection costs for our fellow citizens, protect our streets and lower their maintenance costs, increase
public safety, safeguard the environment and have better local control of solid waste management
decisions by recommending to the council that the city of Richfield transition to an organized collection
of its municipal solid waste.
N.NAI CITY COUNCIL MINUTES
RICHFIELD Richfield, Minnesota
Special Worksession
June 14, 2011
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 5:30 p.m.
ROLL CALL
Council Members Debbie Goettel, Mayor; Fred Wroge; Sue Sandahl; Pat Elliott; and
Present: Tom Fitzhenry.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John
Stark, Community Development Director; Jim Topitzhofer, Recreation
Services Director; Brad Sveum, Fire Chief; William Fillmore, Municipal Liquor
Operations Director; Barry Fritz, Public Safety Director/Chief; Chris Regis,
Finance Manager; Jeff Pearson, Transportation Engineer; Pam Dmytrenko,
Assistant to City Manager; Kristin Asher, City Engineer; and Cheryl Krumholz,
Recording Secretary.
Item # I CONSIDERATION OF CITY OF RICHFIELD KEY FINANCIAL STRATEGIES
(COUNCIL MEMO NO. 54)
Finance Manager Regis reviewed the short-term and long-term key financial strategies
management plan, including the 2012 estimated total tax levy increase, and capital financing plan.
Public Works Director Eastling discussed a potential new funding mechanism, Street
Reconstruction Bond, for a 5-year pavement management program.
City Manager Devich discussed local government aid impacts. He also discussed potential
impacts on the City if there is a State government shutdown.
Item #2
CONSIDERATION OF 63RD STREET GREENWAY CONCEPTS (COUNCIL
MEMO NO. 55)
Transportation Engineer Pearson presented information on 63rd Street greenway concepts
and how they could be implemented in the 63rd Street corridor between Taft Park and Veterans Park.
The City Council consensus was to support moving forward with the concepts by first
obtaining feedback from the impacted neighborhood before hiring a consultant.
Special Worksession Minutes -2- June 14, 2011
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:20 p.m.
Date Approved: June 28, 2011
Debbie Goettel
Mayor
Cheryl Krumholz Steven L. Devich
Recording Secretary City Manager
VIII
maid CITY COUNCIL MEETING MINUTES
RICHFIELD Richfield, Minnesota
Regular Meeting
June 14, 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; Fred Wroge; Pat Elliott; and Tom
Fitzhenry.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Jim
Topitzhofer, Recreation Services Director; John Stark, Community
Development Director; Brad Sveum, Fire Chief; Barry Fritz, Public Safety
Director/Chief; William Fillmore, Municipal Liquor Operations Director;
Chris Regis, Finance Manager; Corrine Heine, City Attorney; and Cheryl
Krumholz, Recording Secretary.
OPEN FORUM
Michele Gathje, 6405 Vincent Avenue S, spoke about the ongoing hazardous conditions in
her home and requested sovereign immunity to recover costs because the City Building Inspectior
should not have approved the work as it was done by the contractor.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Presentation of Colors by 130th Civil Air Patrol, Lakeville, MN.
APPROVAL OF MINUTES
M/Sandahl, S/Wroge to approve the minutes of(1) Special City Council Meeting of May 10,
2011 and (2) Regular City Council Meeting of May 10, 2011.
Motion carried 5-0.
Council Meeting Minutes -2- June 14,2011
Item #1 PRESENTATION BY RICHFIELD OPTIMISTS CLUB RELATED TO `NO KIDS
LEFT INSIDE'
Steve Sutter, President of Richfield Optimist Youth Foundation, presented grants of$4,000
each to Fraser School, Girl Scouts Second Wind, Refuge Friends Blue Goose Bus Fund, Richfield
Optimist Youth Foundation and Wood Lake Nature Center.
Item #2 ANNUAL MEETING WITH HUMAN RIGHTS COMMISSION
Molly Darsow, Human Rights Commission, reported on the 2010-11 commission
accomplishments.
Item #3 COUNCIL DISCUSSION
• HATS OFF TO HOMETOWN HITS
The City Council acknowledged the Richfield Symphonic Band for providing music during
the beginning of the meeting.
Council Member Sandahl encouraged people to volunteer for the July 4 Committee.
Council Member Fitzhenry reported on the recent CERT (Community Emergency Response
Teams) training.
Council Member Fitzhenry acknowledged the success of the Memorial Day event at the All
Veterans Memorial.
Council Member Elliott acknowledged the efforts of past City Council Members and City staff
and citizens in the Municipal Center project.
Mayor Goettel announced the Richfield Chamber of Commerce Salute to Small Business
recipients— Bremer Bank and Village Shores Market Place.
Council Member Sandahl reported on Star Tribune pieces featuring Wood Lake Nature
Center and long-time Richfield resident, Emily Day.
Item #4 COUNCIL APPROVAL OF AGENDA
M/Fitzhenry, S/Sandahl to approve the agenda.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
Council Meeting Minutes -3- June 14,2011
A. Consideration of approval of first reading of ordinance amending Richfield City Code
Subsection 925.02, relating to vacant building regulations and scheduling second reading
for June 28, 2011 S.R. No. 108
B. Consideration of approval of resolution declaring adoption by City Council of Ten
Performance Measures as developed by Legislative Council on Local Results and
Innovation S.R. No. 109
RESOLUTION NO. 10515
RESOLUTION AUTHORIZING DECLARATION BY THE CITY COUNCIL
ADOPTION OF THE TEN PERFORMANCE MEASURES AS DEVELOPED
BY THE COUNCIL ON LOCAL RESULTS AND INNOVATION
This resolution appears as Resolution No. 10515.
C. Consideration of approval of bid/tabulation and award of contract to Atlas Roofing
Company for replacement of roof and related work for municipal liquor store#1, 6444
Lyndale Avenue, in amount of$94,000 S.R. No. 110
D. Consideration of approval of first reading of amendment to City Administrative Code
Chapter 1, Subsection 100.07 adopting references to Minnesota Statutes and Rules and
scheduling second reading for June 28, 2011 S.R. No. 111
E. Consideration of approval of Joint Powers Agreement between City of Richfield and City of
Edina regarding provision of utility services to customers in both cities S.R. No. 112
F. Consideration of approval of amendment to site lease agreement at 6700 Portland Avenue
between City of Richfield and Sprint Spectrum regarding location of antenna system S.R.
No. 113
G. Consideration of approval of resolution accepting contributions in 2010 and 2011 from
various groups and individuals for police events and toward police equipment S.R. No. 114
RESOLUTION NO. 10516
RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE TO ACCEPT
DONATIONS FROM VARIOUS INDIVIDUALS AND BUSINESSES PAID IN 2010 AND UP
TO MAY 19, 2011
This resolution appears as Resolution No. 10516.
H. Consideration of approval of Creative Services Agreement with ChalkTalk Promotions, LLC
to conduct fundraising services for Wood Lake Nature Center S.R. No. 115
I. Consideration of approval of bid minutes/tabulation and award of contract to Ron Kassa
Construction, Inc. for 2011 curb and gutter and miscellaneous concrete repair in amount of
$98,850 and authorizing Public Work Director to approve additional contract work not to
exceed $65,000 S.R. No. 116
J. Consideration of approval of Richfield Municipal Center change order report for aggregate
net effect of$396 in items included within project budget S.R. No. 117
K. Consideration of approval of submission of Safe Routes to School grant application for
various infrastructure projects identified in 2009 Richfield Safe Routes to School Study
S.R. No. 118
L. Consideration of approval of resolution calling for public hearing on July 26, 2011
regarding:
• Modification to Redevelopment Plan for Richfield Redevelopment Project Area;
• Proposed establishment of Lyndale Garden Redevelopment Tax Increment Financing
District; relating to redevelopment of former Lyndale Garden Center at 6400 Lyndale
Avenue; and
• Adoption of associated tax increment financing plan S.R. No. 119
RESOLUTION NO. 10517
Council Meeting Minutes -4- June 14,2011
RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON
THE PROPOSED MODIFICATION OF THE REDEVELOPMENT PLAN FOR THE
RICHFIELD REDEVELOPMENT PROJECT AREA AND THE PROPOSED
ESTABLISHMENT OF THE LYNDALE GARDENS TAX INCREMENT FINANCING
DISTRICT THEREIN AND THE ADOPTION OF THE TAX INCREMENT
FINANCING PLAN THEREFORE
This resolution appears as Resolution No. 10517.
M/Goettel, S/Sandahl to approve the Consent Calendar.
Motion carried 5-0.
Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
Item #7 PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE
AUTHORIZING PLANNING, DESIGN AND REHABILITATION OF WATER PLANT
CLARIFIERS/BAFFLES AND CHAIN ROOM PIPING/PUMPS AND RESOLUTION
AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE (STAFF REPORT NO.
120)
Council Member Sandahl presented Staff Report No. 120.
M/Sandahl, S/Wroge to close public hearing.
Motion carried 5-0.
M/Sandahl, S/Goettel that this constitute second reading of Bill No. 2011-14 authorizing
planning, design and rehabilitation of Water Plant clarifiers/baffles and chain room piping/pumps
and resolution authorizing summary publication of ordinance:
RESOLUTION NO. 10518
RESOLUTION APPROVING SUMMARY PUBLICATION OF A TRANSITORY ORDINANCE
APPROVING A CAPITAL IMPROVEMENT PROJECT FOR THE PLANNING, DESIGN AND
REHABILITATION OF THE WATER PLANT CLARIFIERS/BAFFLES AND THE CHAIN ROOM
PIPING/PUMPS PURSUAINT TO RICHFIELD CITY CHARTER SECTION 8.04
Motion carried 5-0. This resolution appears as Resolution No. 10518.
Item #9 DISCIPLINARY HEARING REGARDING RESOLUTION IMPOSING CIVIL
ENFORCEMENT ON ESTABLISHMENT IN RICHFIELD THAT UNDERWENT
TOBACCO COMPLIANCE CHECK CONDUCTED BY RICHFIELD PUBLIC
SAFETY AND FAILED BY SELLING TOBACCO TO UNDERAGE YOUTH (STAFF
REPORT NO. 121)
Council Meeting Minutes -5- June 14,2011
Council Member Wroge presented Staff Report No. 121.
Gas Plus - 7744 12th Avenue—Gas Plus representative admitted the violation occurred and
stipulated to the suspension and penalty.
The City Council requested staff contact other cities to determine their compliance check
and violation enforcement guidelines compared to Richfield's and discuss potential ordinance
amendments at a future worksession.
M/Wroge, S/Fitzhenry that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10519
RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR GAS PLUS, 7744 12TH AVENUE
SOUTH, AND IMPOSING A CIVIL PENALTY FOR SECOND TIME TOBACCO COMPLIANCE
FAILURE
This resolution appears as Resolution No. 10519.
Item #9 CONSIDERATION OF RESOLUTION CONSENTING TO PROCESS FOR
CONSIDERATION OF HOUSING TAX INCREMENT FINANCE DISTRICT FOR
PILLSBURY COMMONS DEVELOPMENT PROJECT PROPOSED AT NORTH
PORTION OF FORMER CITY MAINTENANCE FACILITY PROPERTY(STAFF
REPORT NO. 122)
Council Member Fitzhenry presented Staff Report No. 122.
Community Development Director Stark explained the intent of the resolution.
Ron Clark, developer, discussed Phase I and Phase II development of the site.
Council Member Wroge expressed his concern regarding dividing the site, financing, the
appraisal and language such as, "economically feasible." He said he may be inclined to wait on
this project until the economy turns around instead of dividing up the site.
Mr. Clark discussed the proposed affordable housing units, the division between the north
and south sections of the site and the funding gap. If TIF assistance is not available the project
would not happen.
Council Member Sandahl stated she liked the proposed larger living units to add a mix of
housing options.
Council Member Elliott commented on the requirements of financial institutions for project
similar to this one.
Mr. Clark explained the Minnesota Housing Finance Agency (MHFA) process as very
competitive with a scoring system. He said if the project does not receive the funding in October
2011 or October 2012, they will agree to end the project.
M/Fitzhenry, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10520
Council Meeting Minutes -6- June 14,2011
RESOLUTION CONSENTING TO THE PROCESS FOR THE CREATION OFA HOUSING TAX
INCREMENT FINANCE DISTRICT IN SUPPORT OF THE PROPOSED PILLSBURY COMMONS
MULTIFAMILY HOUSING PROJECT
Motion carried 5-0. This resolution appears as Resolution No. 10511.
Item #10 CONSIDERATION OF OPTION AGREEMENT WITH RON CLARK
CONSTRUCTION AND DESIGN FOR SALE OF NORTH PORTION OF FORMER
PUBLIC WORKS MAINTENANCE FACILITY (STAFF REPORT NO. 123)
Council Member Wroge presented Staff Report No. 123.
Community Development Director Stark explained two changes: the final appraisal was
received and the numbers did not change from the preliminary appraisal and the legal description
of the outlot was revised slightly.
Council Member Wroge suggested directing the City Attorney to amend the option
agreement to include that the project is concluded if Minnesota Housing Finance Agency (MHFA)
funding is not received in October 2012 and the initial payments made to the City to purchase the
property are not refundable.
The City Council agreed to have the agreement amended.
M/Wroge, S/Goettel to approve the agreement with Ron Clark Construction and Design for
sale of north portion of former Public Works Maintenance Facility, as amended.
Motion carried 5-0.
Item #11 REVIEW OF FRANCHISE FEE ORDINANCE AMENDMENTS 2010-6 AND 2010-7
AND CONSIDERATION OF ALLOCATION OF FRANCHISE FEE FUNDS TO
STREET AND FORESTRY USES AS RECOMMENDED AT APRIL 26, 2011 CITY
COUNCIL WORKSESSION (STAFF REPORT NO. 124)
Council Member Sandahl presented Staff Report No. 124.
M/Sandahl, S/Goettel to approve the allocation of franchise fee funds to Street and Forestry
uses as recommended at April 26, 2011 City Council Worksession.
Motion carried 5-0.
Item #12 CITY MANAGER'S REPORT
City Manager Devich stated he would be providing information to the City Council regarding
impacts of a State government shut down on Richfield.
Item #13 CLAIMS AND PAYROLLS
Council Meeting Minutes -7- June 14,2011
M/Goettel, S/Sandahl that the following claims and payrolls be approved:
U.S. Bank 5/24/2011
NP Checks: 203628-204058 $ 1,490,942.17
Payroll: 75031-75348 41852 $ 504,800.72
TOTAL $ 1,995,742.89
U.S. Bank 6/14/2011
NP Checks: 204059-204534 $ 2,024,308.41
Payroll: 75349-76040 41853-41858 $ 1,055,761.32
TOTAL $ 3,080,069.73
Motion carried 5-0.
OPEN FORUM
•
None.
ADJOURNMENT
The City Council meeting was adjourned by unanimous consent at 8:45 p.m.
Date Approved: June 28, 2011
Debbie Goettel
Mayor
Cheryl Krumholz Steven L. Devich
Recording Secretary City Manager
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
June 23, 2011
Council Memorandum No. 62
The Honorable Mayor
and
Members of the City Council
Subject: Gene & Mary Jacobsen Citizen of the Year for 2011 Presentation
(Agenda Item No.2 )
Council Members:
The Richfield Human Rights Commission has selected a Citizen of the Year award
recipient since 1971. The award is given to a family, group, organization, business or
individual who lives or works in Richfield and whose actions demonstrate an awareness
and commitment to the attitudes and practices that foster human understanding,
tolerance and the spirit of human relations.
The Human Rights Commission has voted to present the 39th Annual Gene and Mary
Jacobsen Outstanding Citizen award to Diane Ahlquist. Diane is a Richfield resident
who has volunteered her time at VEAP for almost 8 years.
She is vested in VEAP and makes it her task to know the needs of her community. One
of Diane's roles at VEAP is that she is the receptionist every Wednesday morning. She
is most often the first interaction that a client has with VEAP. She is a friendly voice
answering, transferring and managing multiple lines, as well as handling the front lobby.
She truly connects with people, making each caller feel respected through her listening
ear and comforted by her concern and her efforts in finding answers. She also works to
ensure school-aged kids receive new school supplies through VEAP's Back to School
program, as well as assisting parents in the Holiday Toy Store program.
Diane's enthusiasm, compassion, and her desire to serve low-income neighbors helps
to further VEAP's mission — neighbors serving neighbors in need. She is committed
to helping to provide food, financial assistance for housing and utilities and other
necessary social services to people in the Richfield community. She also shares with
others the importance of the work at VEAP, inspiring them to get involved to help make
a difference. Diane is a former VEAP representative on the Richfield Community
Council for many years and is still actively participating on the council, helping to ensure
that Richfield is a great place to live!
The 39th Annual Gene & Mary Jacobsen Outstanding Citizen Award will be presented
to Diane Ahlquist at the Council meeting on June 28, 2011. A 6:30 p.m. reception will
be held in the City Hall prior to the award presentation.
Re-•ctf Ily submitted,
f _ c..9.4„..,
n . Devich
City Manager
SLD:cak
Attachment
Email: Department Directors
Assistant to the City Manager .
FROM _ ..
FAX NO. :9528818322 Apr. 04 2 011 12:15PM P2
RICHFIELD HUMAN RIGHTS COMMISSION
NOMINATION FOR 39th ANNUAL
GENE & MARY JACOBSEN OUTSTANDING CITIZEN AWARD
NAME OF NOMINEE.: Diane Ahlquist
ADDRESS: 7133 Stevens Avenue S Richfield MN 55423
TFI,FPHONE: 612-869-0523
Please specify why you feel this family, group, organization, business or individual that lives or works
in Richfield merits this award. Emphasize with examples
o human this nominee community participated ti)paced i'nay
community service and/or fostered the advancement f
attach extra sheets if you wish.
For almost 8 years, Diane Ahlquist has unselfishly inn volunteered ribors in need. Her efforts work enthusiasm to
help further VEAP's mission- neighbors serving neighbors
needs of every community member by ensuring that every
assistance resident
for housing and utilities, and
services. VEAP services include providing food,
the other necessary social services to people in our communities.that secures ervices also households lto provide
ide
our clients the ability to maintain a stable standard of g, one
health and well-being. Diane's commitment to VEAP helps make it possible to serve our community
in this way.
As a volunteer and as a Richfield resident, Diane isr vested
t in VEAP odes being our Receptionist
her task to
know the needs of her community. One of Diane's
every Wednesday morning. Diane is most often the first interaction a client has with VEAP and
Diane is a friendly voice answering, transferring and it all nnstride.multiple
Diane bores above The front
lobby at VEAP is constantly in motion, Diane
her receptionist duties by truly connecting with people. Each caller feels respected through her swers
works to
listening ear, comforted through her concern, and
ie her s through finding
to boon She also
as well as
ensure school-aged kids receive new school supp
assisting parents in our Holiday Toy Store program. As a former special education teacher, Diane
understands the needs of children and their families.
me
Diane comes equipped with her enthusiasm, compassion, cbeing done at VEAP-1 Diane neighbors. She also shares with others the importanc e of the work
inspires individuals from all over the communitCo Council 1 for many years land st 11 cont Hues to be an
represented VEAP on the Richfield Community
active participant on the council and works hard to ensure that Richfield is a great place to live!
Diane enthusiastically and passionately demonstrates neighbor outstanding gitizcnlg Wersalute Diane
benchmark of VEAP and, in our opinion, what makes
for her efforts. We hope the City of Richfield will .join VEAP and honor Diane with the
'Gene and Mary Jacobsen Outstanding Citizen Award. °
Submitted by:
Name: Shari DeBlieck, VEAP Volunteer Director
Address: 9728 Irvin• Avenue S, Bloomiri ton, MN 55431
Phone 4 (s): 952-888-9616 x104
Email: sharidweapvolunteers.org
All nominations must be received by the Human Rights Commission,Attn: Linda Anderson,
ttu Linda
Anderson,
6700 Portland Avenue,Richfield 55423,612-866-0297 (fax),
April 30,2011.
AGENDA SECTION: PRESENTATION
AGENDA ITEM# 3
REPORT# 125
STAFF REPORT
RICHFIELD CITY COUNCIL MEETING
JUNE 28, 2011
REPORT PREPARED BY: BRAD SVEUM-FIRE SERVICES
DIRECTOR
NAME,TITLE
DEPARTMENT DIRECTOR
REVIEW: /
r ' Iteizirl
/ SIGNATURE I
REVIEWED BY CITY
r
MANAGER: i___ -. LL
AIIIIPP
ITEM FOR COUNCIL CONSIDERATION:
Presentation of grant donation of$1000 from CenterPoint Energy Community Partnership
Grant Program and consideration of resolution accepting grant.
I. RECOMMENDED ACTION:
By Motion: Accept the grant donation of $1000 from CenterPoint
Energy Community Partnership Grant Program to be used by the
Richfield Fire Department to purchase gas monitoring equipment in
2011.
II. BACKGROUND
CenterPoint Energy has made grant donations for several years to area emergency
responders for emergency response equipment as part of their Community
Partnership Grant program. This is the fourth year the City of Richfield and the
Richfield Fire Department have been the recipients of this grant.
III. BASIS OF RECOMMENDATION
A. POLICY
• Minnesota Statue 465.03 requires all donations to be accepted by
resolution of the council and adopted by two-thirds majority of its
members.
0628CenterPoint
B. CRITICAL TIMING ISSUES
• The Fire Department needs to replace gas monitoring equipment
which has reached the end of its useful life.
C. FINANCIAL
• This donation aids in reducing the expenditure for Fire operations from
the general fund.
D. LEGAL
• Minnesota State Statute 465.03 requires all donations to be accepted
by resolution of the council and adopted by a two-thirds majority vote
of its members.
E. ENVIRONMENTAL CONSIDERATIONS
• None.
IV. ALTERNATIVE RECOMMENDATIONS)
• None.
V. ATTACHMENTS
• Resolution.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Representative for CenterPoint Energy
3 -t
RESOLUTION NO.
RESOLUTION AUTHORIZING ACCEPTANCE OF CENTERPOINT ENERGY
COMMUNITY PARTNERSHIP GRANT FUNDS RECEIVED BY THE CITY OF
RICHFIELD AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN
ACCORDANCE WITH GRANT AGREEMENTS AND TERMS
PRESCRIBED BY THE DONORS
WHEREAS, Minnesota Statute 465.03 reads in part as follows:
' Any city, county school district or town may accept a grant or devise of real or
personal property and maintain such property for the benefit of its citizens in
accordance with the terms prescribed by the donor. Nothing herein shall
authorize such acceptance or use for religious or sectarian purposes. Every
acceptance shall be by resolution of the council adopted by two-thirds majority
of its members, expressing such terms in full, and
WHEREAS, the City of Richfield has been awarded the grant as described below,
CenterPoint Energy Community Partnership Grant for$1000 to be used to purchase
gas monitoring & detection equipment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota, as follows:
1. That the City council of the City of Richfield hereby accepts the CenterPoint
Energy Community Partnership Grant funds in the amount of$1000 for the year 2011 and
authorizes the City to administer the funds in accordance with the grant agreements and
terms prescribed by the donors.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of
June, 2011.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION: PRESENTATION
AGENDA ITEM# 4
REPORT# 126
STAFF REPORT
RICHFIELD CITY COUNCIL MEETING
JUNE 28, 2011
REPORT PREPARED BY: CHRIS REGIS,FINANCE MANAGER
NAME,TITLE
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Receipt of the City of Richfield Comprehensive Annual Financial Report (CAFR) for the fiscal
year ended December 31, 2010.
I. RECOMMENDED ACTION:
By Motion: Accept the Comprehensive Annual Financial Report of the
City for the year ended December 31, 2010.
II. BACKGROUND
The City's auditing firm, Malloy, Montague, Karnowski, Radosevich, & Co., P.A.
(MMKR), has completed the annual audit of the City's financial records for the fiscal
year ended December 31, 2010. As part of the audit, MMKR has issued an
unqualified opinion on the City's financial statements for the year ending December
31, 2010. A representative of MMKR will be present at tonight's Council meeting to
make a brief presentation on the 2010 financial information and answer questions.
In addition, the CAFR will be submitted to the State of Minnesota pursuant to State
law and to the Government Finance Officers Association for the Certificate of
Achievement for Excellence in Financial Reporting program.
III. BASIS OF RECOMMENDATION
A. POLICY
0628CAFR
• Action to be taken at the June 28, 2011 City Council meeting is the
official receipt of the December 31, 2010 City of Richfield
Comprehensive Annual Financial Report by the City Council.
• The City's auditor has performed an audit of the City's financial
records for the year ended December 31, 2010 and prepared reports
to the City Council concerning legal compliance and internal controls.
B. CRITICAL TIMING ISSUES
• Action on this item is requested at the June 28, 2011 City Council
meeting.
C. FINANCIAL
• N/A
D. LEGAL
• The CAFR will be submitted to the State of Minnesota, pursuant to
State law.
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• The City Council could ask the auditors for further explanations of their
findings at a future Worksession.
V. ATTACHMENTS
• None.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Bill Lauer, Principal, Malloy, Montague, Karnowski, Radosevich, & Co., P.A.
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
June 23, 2011
Council Memorandum No. 68
The Honorable Mayor
and
Members of the City Council
Subject: 2010 Comprehensive Annual Financial Report
(Agenda Item No. 4)
Council Members:
At the June 28, 2011 City Council meeting, Bill Lauer, a representative of the City's
audit firm MMKR, will make a presentation on the 2010 Audit and the 2010
Comprehensive Annual Financial Report (CAFR). Included in your packet for the June
28, 2011 meeting will be copies the 2010 CAFR, the 2010 Special Purpose Audit
Report, the 2010 Management Report, and the 2010 Richfield HRA CAFR
Mr. Lauer's presentation will concentrate on information contained in the 2010
Management Report. Consequently, Council may find it helpful to bring to the meeting
the 2010 Management Report to have as a reference to Mr. Lauer's presentation.
Finally, subsequent to Mr. Lauer's presentation, the City Council will be asked to
formally accept the Comprehensive Annual Financial Report (CAFR) for the year ended
2010.
461-c ly submitt
4te1!44
City Manager
SLD:cak
Email: Department Directors
Finance Manager
Assistant City Manager
AGENDA SECTION: CONSENT
AGENDA ITEM# 7A
REPORT# 127
STAFF REPORT
RICHFIELD
CITY COUNCIL MEETING
JUNE 28, 2011
REPORT PREPARED BY: JIM TOPITZHOFER,RECREATION
SERVICES DIRECTOR
NAME TITLE
DEPARTMENT DIRECTOR
REVIEW: L/ pirA
REVIEWED BY CITY G /
MANAGER:
'/ _.,../Ikad� TO ,
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a contract with Frattalone Companies for demolition at 7600 Portland Avenue
and authorize staff to contract for any uncovered abatement costs.
I. RECOMMENDED ACTION:
By Motion:
1) Approve the attached Contract for Demolition with Frattalone
Companies for demolition at 7600 Portland Avenue in the amount
of $19,740.00; and
2) Authorize staff to contract for any uncovered abatement costs.
II. BACKGROUND
In 2010, the City acquired the property at 7600 Portland Avenue for expansion of
Roosevelt Park.
City staff solicited bids for demolition of the house and accessory buildings from
seven companies: S.R. Stevens Excavating, Inc.; Frattalone Companies; VEIT &
Company; Semple Excavating & Trucking, Inc.; Demo, Dig & Haul, Inc.;
Doboszenski & Sons; and K.A. Kamish Excavation, Inc. Four companies
responded to the request, submitting the following estimates:
0628 7600 Portland Demolition
• S.R. Stevens Excavating, Inc. $19,790
• K.A. Kamish Excavation, Inc. $21,580
• Frattalone Companies $19,740
• Semple Excavating & Trucking, Inc. $21,300
Frattalone Companies submitted the lowest quote of$19,740. As a part of the
contract, Frattalone Companies will survey both properties for asbestos and other
hazardous materials. The cost for removal of any hazardous materials is not
covered by the contract but will be subcontracted for, if necessary.
III. BASIS OF RECOMMENDATION
A. POLICY
• The property was purchased for future expansion of Roosevelt Park.
B. CRITICAL TINTING ISSUES
• The house is currently vacant. To reduce potential risks, holding
costs, and negative impacts to the surround neighborhood, the house
should be demolished as soon as possible.
C. FINANCIAL
• Frattalone Companies submitted the lowest quote at$19,740.
• Any abatement costs will be considered above and beyond the
demolition costs.
• The project will be funded out of the Special Revenue Funds.
D. LEGAL
• Legal counsel drafted the Contract for Demolition.
E. ENVIRONMENTAL CONSIDERATIONS
• The structures will be tested for asbestos and other hazardous
materials. The materials will be removed as required.
IV. ALTERNATIVE RECOMMENDATIONS)
• Do not approve the Contract for Demolition.
V. ATTACHMENTS
• Contract for Demolition
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• N/A
7A - I
CONTRACT FOR DEMOLITION
THIS CONTRACT is made and entered into this 28th day of June, 2011,by and between
Frattalone Companies (the "Contractor") and the City of Richfield, State of Minnesota (the
"Owner") (collectively, the "Parties"), for the demolition of buildings and abatement of
Hazardous Materials on the property located at 7600 Portland Avenue,Richfield, MN 55423.
RECITALS
WHEREAS, the Owner requires the demolition of buildings at 7600 Portland Avenue
including among other items,the abatement of hazardous substances and materials(the"Work").
WHEREAS,the Owner has awarded the Work to the Contractor;
WHEREAS, the Contractor represents that it has the necessary personnel, experience,
competence, and legal right to perform the Work, and is ready, willing and able to do so;
NOW, THEREFORE, in consideration of the mutual obligations of the Parties hereto,
each of them does hereby covenant and agree as follows:
Section 1. Definitions
"Asbestos" means any material containing more than one percent asbestos, which is friable,
releasing asbestos fibers into the air, above current levels established by the United States
Occupational Safety and Health Administration.
"Contract" or "Agreement" means this agreement between the Owner and Contractor for the
performance of the Work, together with all exhibits, amendments, or modifications to the
Contract.
"Destructive Report" means a hazardous materials abatement inventory prepared to assist in
establishing the scope of the Work.
"Final Completion"means all items of the Work, "punch list items" and site work are completed
and Contractor is eligible for Final Payment.
"Hazardous Materials" means asbestos, PCBs, petroleum hazardous waste, radioactive material,
or any other hazardous materials or hazardous wastes within the meaning of City, State of
Minnesota, or Federal definitions of hazardous materials or hazardous waste.
"Owner" means the Housing and Redevelopment Authority in and for the City of Richfield,
Minnesota.
"Property"means 7600 Portland Avenue,Richfield, MN 55423.
1
385039v2 JBD RC125-1
"Substantial Completion" means the time at which the Owner determines that the Work has
progressed to a point where it is sufficiently complete, leaving only minor "punch list" and close
out items and other minor site work required to be completed for full payment of the contract
price.
"Work"means the entire completed demolition, abatement of Hazardous Materials, and all other
activities to be performed by Contractor on the Property as provided for in the Contract.
Section 2. General Requirements
2.1. Rights of the Owner. The Owner reserves the right to reject any or all proposals
or parts of proposals,to accept part or all of proposals on the basis of considerations other
than lowest cost, and to create a project of lesser or greater expense and reimbursement
than described in this Contract. The Owner also reserves the right to cancel the Contract
without penalty, if circumstances arise which prevent the Owner from completing the
project. In the event of any conflict between the General Conditions and this Contract,
this Contract shall control.
2.2. Interest of Owner. The Contractor agrees that no member of the governing body,
officer, employee, or agent of the Owner shall have any interest, financial or otherwise,
direct or indirect, in the Contract.
2.3. Equal Opportunity Statement. Contractor agrees to comply with the provisions of
all applicable federal, state, and City of Richfield statutes, ordinances, and regulations
pertaining to civil rights and nondiscrimination including without limitation Minnesota
Statutes, Section 181.59 as amended, incorporated herein by reference.
2.4. Transfer of Interest. The Contractor shall not assign any interest in the Contract,
and shall not transfer any interest in the same either by assignment or novation, without
the prior written approval of the Owner,provided, however, that claims for money due or
to income due to the Contractor may be assigned to a bank, trust company, or other
financial institution, or to a Trustee in Bankruptcy without such approval. Notice of any
such assignment or transfer shall be furnished to the Owner. Notwithstanding the
foregoing, Contractor shall be entitled to use subcontractors to perform the Work.
2.5. Independent Contractor. Nothing contained in this agreement is intended to, or
shall be construed in any manner, as creating or establishing the relationship of
employer/employee between the parties. The Contractor shall at all times remain an
independent contractor with respect to the services to be performed under this agreement.
The Owner shall be exempt from payment of all Unemployment Compensation, FICA,
retirement, life and/or medical insurance and Workers Compensation Insurance as the
Contractor is an independent contractor.
2.6. Hold Harmless. The Contractor agrees to defend, indemnify and hold harmless
the Owner, its officers and employees, from any liabilities, claims, damages, costs,
2
385039v2 JBD RC125-1
7A-3
judgments, and expenses, including attorney's fees, resulting directly or indirectly from
an act or omission of the contractor, its employees, its agents, or employees of
subcontractors, in the performance of the services provided by this contract or by reason
of the failure of the contractor, or subcontractors to fully perform, in any respect, all of its
obligations under this Contract.
2.7. Accounting Standards. The Contractor agrees to maintain the necessary source
documentation and enforce sufficient internal controls as dictated by normally accepted
accounting practices to properly account for expenses incurred under this contract.
2.8. Retention of Records. The Contractor shall retain all records pertinent to
expenditures incurred under this Contract for a period of three years after the resolution
of all audit findings. Records for non-expendable property acquired with funds under this
contract shall be retained for three years after final disposition of such property.
2.9. Disclosure. The Contractor agrees to comply with the Minnesota Government
Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and
federal laws relating to data privacy or confidentiality, as those laws may be amended.
The Contractor shall immediately report to the Owner any requests from third parties for
information relating to this agreement. All data created, collected, received, stored, used,
maintained, or disseminated by the Contractor in performing its obligations is subject to
the requirements of the Act, and the Contractor must comply with those requirements as
if it were a government entity. The Owner agrees to promptly respond to inquiries from
the Contractor concerning data requests. The Contractor agrees to hold the City and the
Owner, its officers, department heads and employees harmless from any claims resulting
from the Contractor's failure to disclose data maintained by the Contractor and
authorized for release by the Owner, and from Contractor's unlawful disclosure or use of
data protected under state and federal laws.
Section 3. Contract Price
3.1. The Contract Price is composed of two components:
1. The Base Price is $19,740.00 which is the amount to be paid Contractor for
the Work including the sewer and water cutoff at the main and restoration of
disturbed area of Portland Avenue in accordance with Hennepin County
specifications including traffic control, except for the abatement of Hazardous
Materials.
2. The Hazardous Materials Abatement Price which will not exceed the amount
of the quote for such work approved by the Owner pursuant to Section 7A.
Section 4. Project Schedule
4.1. Contractor shall commence the Work on or after contract execution and will
achieve Substantial Completion of the project within 30 days after execution of this
contract. Unless the parties agree otherwise Final Completion shall be achieved not later
than 60 days following the date of Substantial Completion.
3
385039v2 JBD RC125-1
7A 4
Section 5. Local Permit Requirements and Related Submittals
5.1. Contractor shall obtain and pay the cost of, all permits required by the City of
Richfield, including, without limitation, a plumbing permit (for water & sanitary sewer
disconnects) and a demolition permit. Questions about permits, permit fees, and the
scheduling process for the required inspections should be directed to the Building
Inspections Department at Richfield City Hall (612-861-9816). As part of the Work, the
Contractor will arrange for a Destructive Report to be prepared on the properties. The
Owner shall be given the opportunity to review and approve the Destructive Report
before the Contractor seeks quotes for abatement pursuant to Paragraph 7.1 The
Destructive Report is not intended to limit the activities of the Contractor, but to assist the
Contractor in assessing the scope of the Work for purposes of complying with its
obligations under this Agreement.
5.2. No less than 2 days prior to beginning the Work,the Contractor shall provide:
- Description of proposed dust and noise control measures for the Property.
5.3. Upon completion of the Work, Contractor shall provide:
- Copies of any permits required by government agencies other than the City
of Richfield, such as transport or disposal permits.
- Copies of any test results required by government agencies other than the
City of Richfield, including but not limited to testing required as part of the
asbestos abatement process.
- Copies of all landfill records indicating receipt and acceptance of hazardous
wastes by a landfill licensed to accept hazardous wastes.
Section 6. Job Conditions-General
6.1. Contractor will disconnect and abandon utilities serving the Property, including
water, sanitary sewer, electricity, gas and telecommunications; or arrange for
disconnection and abandonment of same. Contractor shall not begin work before field-
verifying that disconnection and abandonment has been completed.
6.2. Owner shall ensure that the buildings will be vacated and use of the property will
be discontinued prior to start of work.
6.3. Owner assumes no responsibility for actual condition of structures to be
demolished. Conditions existing at time of inspection for bidding purposes will be
maintained by Owner to the extent practicable. Contractor may salvage any and all
materials and equipment from the Property. Variations within structures may occur due
to removal and salvage operations prior to the start of demolition work.
4
385039v2 JBD RC125-1
7A -S
6.4. This is a lump sum contract. Contractor must immediately contact Owner prior to
exceeding the Contract Price set out in Section 3.1. Change orders for additional
payment will not be granted due to the Contractor underestimating quantities of
material(s).
6.5. Contractor shall provide all labor, materials, equipment, employee training,
compliance with all regulations, permits, notifications, licenses and agreement necessary
to perform the work described in this Contract.
6.6. All materials from undertaking the Work shall become the property and
responsibility of the Contractor.
6.7. Contractor may choose to salvage materials and equipment. Any salvaged items
must be removed from the Property in a timely manner as they are salvaged. On site
storage or sale of salvaged items is prohibited.
6.8. The use of explosives and on site burning by the Contractor are prohibited.
6.9. Contractor shall provide water, electricity, communications and toilet facilities on
site as necessary to complete the work.
6.10. Contractor shall provide and maintain uninterrupted vehicular access to the
Property, including temporary demolition facilities, storage and work areas, for not only
persons and equipment involved in the project but also emergency vehicles.
6.11. Contractor shall keep fire hydrants and water control valves free from obstruction
and accessible for use.
6.12. Contractor shall take all necessary safeguards to prevent damage or injury to
neighboring property.
6.13. Prior to closing or rerouting existing traffic lanes or sidewalks in any public street
easement or right-of-way adjacent to streets, the Contractor shall obtain written
permission from the City Engineer. Expenses related to lane closures, including but not
limited to traffic barriers, signs and similar equipment as well as traffic control personnel,
shall be the responsibility of the Contractor.
Section 7A. Abatement generally
7A.1. Following approval by the Owner of the Destructive Report, Contractor shall seek
a minimum of two quotes for the removal and disposition of Hazardous Materials. The
Owner shall review such quotes, and giving due consideration to any recommendation by
Contractor, approve or disapprove of some or all of such quotes. If approved, the
Contractor may retain such party to act as Contractor's subcontractor; and Contractor will
be paid by the Owner for the work of the subcontractor up to the amount of the approved
5
385039v2 JBD RC125-1
7A- 6
quote. Unless the Owner agrees otherwise in writing, the Contractor may not engage in
any of the Work under this Contract, other than work necessary to prepare the Destructive
Report, until the Contractor has retained all subcontractors needed to carry out the
abatement activities.
Section 7B. Asbestos Abatement
7B.1 Hazardous Waste includes, without limitation, all friable and category 2 non-
friable asbestos containing materials. Contractor shall be responsible for the removal and
proper disposal of and complete abatement asbestos on the Property in accordance with
Minnesota Pollution Control Agency regulations and the Destructive Report identified in
Section 5.1 of this Contract.
7B.2. Contractor shall decontaminate and encapsulate the work area prior to final
clearance and air monitoring.
7B.3. Contractor shall provide final cleanup and removal of all remaining temporary
barriers, equipment and supplies.
7B.4. Contractor shall provide all monitoring and analysis of air samples as required by
state and federal regulations.
7B.5. Contractor shall complete final clearance and air monitoring as required by state
and federal regulations.
Section 7C. Other Hazardous Materials Abatement
Pursuant to Minnesota Pollution Control Agency regulations (and the Destructive Report),
Contractor shall remove and properly dispose of the following materials and items from the
Property:
7C.1. Mercury:
a. Batteries: Smoke detectors, emergency lighting, exit signs, security
systems and alarms.
b. Lighting: Fluorescent lights and bulbs; high intensity discharge lights
(metal halide, high pressure sodium, mercury vapor and neon); switches
and controls for lighting.
c. Heating, Ventilating and Air Conditioning Systems: controls, devices,
thermostats, aquastats,pressurestats,firestats,manometers,thermometers.
d. Boilers, Furnaces, Heaters and Tanks: Mercury flame sensors by pilot
lights; manometers, thermometers, gauges, pressure-trol, float and level
controls, space heater and unit ventilator controls.
6
385039v2 JBD RC125-1
7A-7
e. Electrical systems: Load meters and supply relays, phase splitters,
microwave relays and mercury displacement relays.
f. Miscellaneous: All vacuum, pressure, fluid level, temperature and flow
rate control boxes and panels.
g. Any electrical wiring from fixtures or equipment being removed for
abatement shall be capped.
7C.2. Poly-Chlorinated Biphenyls (PCBs): Transformers, transistors, capacitors, heat
transfer equipment, light ballasts.
7C.3. Chlorofluorocarbons (CFCs) and Hydrochlorofluorocarbons (HCFCs): Fire
extinguishers, air conditioners, walk-in coolers and freezers, water fountains and
dehumidifiers,refrigerators/freezers/chillers, and heat pumps.
7C.4. Miscellaneous:
a. Hazardous waste including general-purpose cleaners,paints and thinners.
b. Oils including used oil and hydraulic oil in door closers.
c. Water heaters.
d. Space heaters.
e. Air compressors and controls.
f. Building unit ventilators.
g. Radiators.
h. Fuse boxes and electrical panels.
i. Roof top exhaust vents with motors.
j. Boiler chemicals.
k. Heating fuel tank, including contents, if any.
Section 8. [Left Blank]
Section 9. Demolition
9.1 Owner has not conducted any testing to determine the extent of lead based paint.
Contractor shall conduct demolition in compliance with any state or federal regulations
governing demolition of structures containing lead based paint.
9.2. Contractor shall use water sprinkling, temporary enclosures and other suitable
methods to limit dust and dirt rising and scattering in air. Contractor shall comply with
any and all governing regulations pertaining to environmental protection. Contractor
shall not use water when it may create hazardous or objectionable conditions such as
flooding or pollution.
7
385039v2 JBD RC125-1
7A -8
9.3. Contractor shall clean adjacent structures and improvements of dust, dirt and
debris caused by demolition operations and return adjacent areas to condition existing
prior to start of work.
9.4. Contractor shall demolish buildings, other structures, improvements, and
landscaping completely and remove all debris from the Property. Contractor may use
such methods as required to complete the work subject to the limitations of governing
regulations.
9.5. Contractor shall proceed with demolition in a systematic manner, from top of
structures to ground, and will complete demolition work above each floor or tier before
disturbing supports on lower levels.
9.6. Contractor shall locate demolition equipment throughout the building and remove
materials so as to not impose excessive loads to supporting walls, floor or framing.
9.7. Contractor shall provide and maintain interior and exterior shoring, bracing or
other structural support to preserve structural stability and prevent movement, settlement
or collapse of the building.
9.8. Contractor shall break up any concrete slabs-on-grade and remove from the
Property.
9.9. Contractor shall demolish footings, foundation walls, tunnels and other below-
grade structures and remove from the Property.
9.10 Contractor shall provide certificate of well abandonment if required.
Section 10. Debris Control
10.1. Contractor shall maintain the Property free of extraneous debris.
10.2. Contractor shall prohibit overloading of trucks to prevent spillage on access and
haul routes.
10.3. Contractor shall maintain a sweeping and clean-up program to prevent deposition,
release and disbursal of soils and debris onto paved surfaces.
Section 11. Disposal
11.1. Contractor shall move from the Property all debris, rubbish and other materials
resulting from demolition operations.
11.2. Contractor shall transport materials from the Property and legally dispose of them
off-site in accordance with governing regulations.
8
385039v2 JBD RC125-1
—q
Section Section 12. Earthwork
12.1. Contractor shall rough grade the Property using clean fill after completing all
abatement and demolition activities; taper edges of all excavated areas to
minimize slope of 2 to 1,keeping soil disturbance to a minimum.
Section 13. Excusable Delays
13.1. The following circumstances, and only these circumstances, will, at the
OWNER's discretion, be considered legitimate cause for a change in the commencement
and/or completion time periods specified in Section 4 of this Agreement:
a. Material delay -- material delays that are beyond the control of the
Contractor, which can be shown to have directly caused the overall late
completion.
b. Adverse weather and emergency conditions -- weather or emergency
conditions that directly affect the scheduling of exterior work over a
significant portion of the term of this Agreement.
c. Strikes -- Contractors who face union work stoppage in the case where
they have to rely on such a work force in order to complete the Work.
d. Amendments -- amendments in the original scope of work, which can be
reasonably shown to require an extension of the time allowed for
completion.
e. Other delays—act or neglect of the Owner, or of an employee of either, or
of a separate contractor employed by the Owner, or by changes ordered in
the Work or by unavoidable casualties or other causes beyond the
Contractor's control.
Section 14. Change Order
14.1. The Owner shall have the right, within the general scope of the Work and without
notice to any surety or sureties of the Contractor, if any, to make changes in the Work,
either by altering the nature of the same or by adding to or deducting from it. All changes
shall, except in the case of emergencies endangering the safety of persons or property, be
made by written Change Order. The parties shall determine the effect of any Change
Order on the Contract Price and project schedule by mutual agreement. The Contractor
shall promptly comply with any and all written Change Orders. No such Change Order
shall be deemed to invalidate the remaining terms and conditions contained in the
Contract.
Section 15. Waiver of Liability
9
385039v2 JBD RC125-1
7A -10
15.1 It is agreed that the Work is undertaken at the sole risk of the Contractor. The
Contractor does expressly forever release the Owner and the City of Richfield from any
claims, demands, injuries, damage actions, or causes of action whatsoever, arising out of
or connected with the Work.
Section 16. Indemnification
16.1. Any and all claims that arise or may arise as a consequence of any act or omission
on the part of the Contractor, its agents, servants, or employees while engaged in the
performance of the Work shall in no way be the obligation or responsibility of the Owner
or the City of Richfield. The Contractor shall indemnify, hold harmless, and defend the
Owner and the City of Richfield, its commissioners, council members, officers,
employees, successors, and assigns against any and all liability, loss, cost, damages,
expenses, claims, or actions, including attorney's fees which the Owner and the City of
Richfield, its commissioners, council members, officers, or employees may hereinafter
incur or be required to pay on account of injury to or death of any person or persons or
damage to any property arising out of or by reason of any act or omission of the
Contractor, its agents, servants, or employees in the execution, performance, or failure to
adequately perform its obligations under this Agreement, whatever the cause of such
injuries or damage.
Section 17. Insurance
17.1. The Contractor agrees that in order to protect itself, the Owner, and the City of
Richfield under the indemnity provisions set forth in Section 16 of this Agreement, it will
at all times during the term of this Agreement, maintain, at a minimum, the following
insurance policies:
a. Workers Compensation Insurance. The Contractor shall maintain worker's
compensation insurance in compliance with all applicable statutes
including Chapter 176 of the Minnesota Statutes. Such policy shall
include Employer's Liability Coverage and at least such amount(s) as are
customarily provided in worker's compensation policies issued in
Minnesota. Contractor further agrees to require all subcontractors and
independent contractors to maintain worker's compensation insurance in
compliance with all applicable statutes and to monitor the compliance of
such subcontractors and independent contractors with the applicable
statutes.
b. Commercial General Liability Insurance. The Contractor shall maintain
Occurrence Based Commercial General Liability Insurance ("CGL"),
providing coverage on an "occurrence", rather than on a "claims made"
basis, which policy shall include coverage for the Completed Operations
Hazard, and which shall also include a Broad Form General Liability
Endorsement, ISO number GL 0404, or an equivalent form (or forms), so
long as such an equivalent form (or forms) affords coverage which is in all
10
385039v2 JBD RC125-1
7� — i\
material respects at least as broad. Any equivalent form (or forms) of
coverage shall be approved by the HRA.
The Contractor agrees to maintain total liability policy limits of at least
One Million Dollars ($1,000,000), applying to liability for Bodily Injury,
Personal Injury, and Property Damage, which total limits may be satisfied
by the limits afforded under its Occurrence Based CGL policy as specified
above, or by such policy in combination with the limits afforded by an
Umbrella Liability Policy (or policies) provided, however, that the
coverage afforded under any such Umbrella Liability Policy shall be at
least as broad as that afforded by the underlying occurrence based CGL
Policy as specified above.
c. Automobile Liability Insurance. The Contractor shall maintain automobile
liability insurance covering liability for Bodily Injury and Property
Damage arising out of the ownership, use, maintenance, or operation of all
owned, non-owned, and hired automobiles and other motor vehicles. Such
policy shall provide total liability limits for combined Bodily Injury and/or
Property Damage in the amount of at least One Million Dollars
($1,000,000) per accident, which total limits may be satisfied by the limits
afforded under such policy, or by such policy in combination with the
limits afforded by an Umbrella Liability Policy (or policies) provided,
however, that the coverage afforded under any such Umbrella Liability
Policy shall be at least as broad as that afforded by the underlying
automobile liability insurance policy.
The Owner and the City of Richfield shall be named as "additional insured" parties with
respect to the insurance policies specified in (b) and (c) above. The Contractor shall not
commence work until a Certificate of Insurance evidencing all of the insurance policies
required above is approved and a written Notice to Proceed is issued by an authorized
representative of the Owner. The Owner shall, at any time during the term of this
agreement, have the right to require that the Contractor secure any additional insurance,
or additional feature to existing insurance, as the Owner may reasonably require for the
protection of its interests or those of the public. It is expressly understood that the Owner
does not in any way represent that the minimum insurance coverage set forth in this
paragraph is sufficient or adequate to protect the interest or liabilities of the Contractor.
Section 18. Bond
18.1. No payment or performance bonds for the Work shall be required pursuant to
Minn. Stat. § 574.26. (obtain a performance and payment bond when contract is over
$75,000)
11
385039v2 JBD RC125-1
7A-19-
Section 19. Lien Waiver
19.1. Neither the Contractor nor any subcontractor or other person or entity furnishing
labor, equipment, or materials in connection with the Work shall file any mechanic's lien
against the Owner's buildings, structures or land or any part thereof, provided that the
Owner makes all payments due to Contractor under this Contract. The Contractor shall
protect, defend, indemnify, and hold harmless the Owner and the City of Richfield from
any and all claims, demands, or actions of whatever nature arising out of work, labor,
equipment, or materials furnished by the Contractor or its subcontractors in connection
with the Work, provided that the Owner makes all payments due to Contractor under this
Contract. Payment of the Contract Price shall not be due until the Contractor has
delivered to the Owner lien waivers acceptable to the Owner, which release the Owner
from all liens that may arise in connection with the Work. The Contractor shall list on
the attached Exhibit A the names of all suppliers and/or subcontractors that will provide
materials, services, or labor in connection with the Work. The Contractor will notify the
Owner of any changes in this list prior to the commencement of the Work.
Section 20. Subcontractors
20.1. Contractor agrees to bind every subcontractor by the terms, conditions, and
provisions set forth in the Contract that are applicable to the subcontractor's work,
unless otherwise specifically agreed otherwise in writing by the Owner.
20.2. Contractor agrees to pay every subcontractor within 10 days of receipt of payment
from the Owner pursuant to Minn. Stat. § 471.425.
Section 21. Assignment
21.1. This Contract shall be binding upon the Contractor, its legal representatives, heirs,
successors, and assigns. No assignment or attempted assignment of this Contract or any
rights hereunder shall be effective unless the written consent of the Owner is first
obtained. No such assignment, even if consented to by the Owner, shall relieve the
Contractor from liability under this Contract for the performance and completion of the
Work in accordance with the Contract. Notwithstanding the foregoing, Contractor shall
be entitled to use subcontractors to perform the Work.
Section 22. Entire Agreement
22.1. The Contract contains all the terms, conditions, and provisions pertaining to the
Work to be completed by the Contractor, there being no other understandings,
agreements, or warranties, express or implied. All prior negotiations and dealings
regarding the subject matter of the Agreement are superseded by and merged into the
Contract.
12
385039v2 JBD RC125-1
7A -15
Section 23. Applicable Law
23.1. This Contract shall be construed in accordance with and governed by the laws of
the state of Minnesota.
Section 24. Amendment
24.1. This Contract may be modified or amended only with the written approval of the
Owner and the Contractor.
Section 25. Construction
25.1. In the event that any one or more of the provisions of this Contract, or any
application thereof, shall be found to be invalid, illegal, or otherwise unenforceable, the
validity, legality, and enforceability of the remaining provisions or any application
thereof shall not in any way be affected or impaired thereby.
Section 26. Authority
26.1. Each of the undersigned parties warrants that it has the full authority to execute
this Contract, and each individual signing this Contract on behalf of a corporation hereby
warrants that he or she has full authority to sign on behalf of the corporation and that he
or she represents and binds such corporation thereby.
Section 27. Waiver
27.1. No failure by the Owner to insist upon the strict performance of any covenant,
duty, agreement, or condition contained in this Agreement or to exercise any right or
remedy consequent upon a breach thereof shall constitute a waiver of any such breach or
any other covenant, agreement, term, or condition, nor does it imply that such covenant,
agreement,term, or condition may be waived again.
Section 28. Payments to Contractor and Completion
28.1. The Contractor shall be paid upon completion of the Work in accordance with the
payment schedule of the Owner, if any, and this section.
28.2. Application for Payment. Prior to receiving payment for Substantial Completion
of the Work, the Contractor shall in writing state that the respective portion of the
Work has been substantially completed and is free and clear of all liens as
provided in this Contract. Upon Substantial Completion and inspection and
verification by the Owner, the payment for that portion of the Work shall be
made. Final payment shall be made when Contractor certifies that Final
Completion has been achieved and verified by the Owner.
13
385039v2 JBD RC125-1
IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed in
their names and behalves and on or as of the date and year first above written.
THE RICHFIELD CITY COUNCIL IN
AND FOR THE CITY OF RICHFIELD
By
Steven L. Devich
Its City Manager
By
Debbie Goettel
Its Mayor
CONTRACTOR
By
Its
By
Its
THIS INSTRUMENT DRAFTED BY:
Kennedy& Graven, Chartered(MTN)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
314396-v1.DOC
14
385039v2 JBD RC125-1
IA - i5
EXHIBIT A
LIST OF SUPPLIERS AND SUBCONTRACTORS
A-1
Error!Unknown document property name.
AGENDA SECTION: CONSENT
AGENDA ITEM# 7B
REPORT# 128
STAFF REPORT
RICHFIELD
CITY COUNCIL MEETING
JUNE 28, 2011
REPORT PREPARED BY: CHRIS REGIS,FINANCE MANAGER
NAME,TITLE
DEPARTMENT DIRECTOR
REVIEW: j
SIGNA
REVIEWED BY CITY
MANAGER: �� 4,411
I'T'EM FOR CO CONSI•ERATIO :
Consideration of transfer of funds to close out certain capital project and enterprise funds.
I. RECOMMENDED ACTION:
By Motion: Approve the transfer of funds to close out certain capital
project and enterprise funds.
II. BACKGROUND
The City has two capital project funds where the projects have been completed or
there has been little or no activity the last several years. For the purposes of the
Engineering division these projects can be closed out. The two funds are the 77th
Street Phase III and the 66th Street and 17th Avenue Intersection funds.
In addition, the City has established a Street Light Utility Fund to account for the
revenues generated by the street light fee. The street light fee was established to
help offset the energy and maintenance costs of the City's street light system. The
City's auditors are recommending that the revenues generated by the fund be
deposited directly into the City's General Fund in order to match revenues with the
costs of the operation. Consequently, this would require the closing of the existing
Street Light Utility Fund.
III. BASIS OF RECOMMENDATION
A. POLICY
0628Fund Closeout
• The City's financial policies do not directly address the closing out of
City funds.
• The City's auditors have recommended that non-budgeted transfers
between funds be approved by the City Council.
B. CRITICAL TIMING ISSUES
• N/A
C. FINANCIAL
• The following tables reflect the funds to close and the corresponding
funding sources or recipients.
Fund to Close Balance Funding Source Amount
77th Street Phase III (50,950) MSA Fund 50,950
Fund to Close Balance Funding Recipient Amount
66th Street & 17th Ave
Intersection 664 MSA Fund 664
Street Light Utility Fund 96,302 General Fund 96,302
D. LEGAL
• N/A
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• The City Council can choose to approve all, part or none of the proposed
fund closings.
• City Council can direct staff to seek alternative funding sources to close
certain funds.
V. ATTACHMENTS
• None
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• N/A
AGENDA SECTION: CONSENT
AGENDA ITEM# 7C
REPORT# 129
•NrAll STAFF REPORT
RICHFIELD
CITY COUNCIL MEETING
JUNE 28, 2011
REPORT PREPARED BY: BRAD SVEUM-FIRE SERVICES
DIRECTOR
NAME,TITLE
DEPARTMENT DIRECTOR
REVIEW: /Aff'
,
•
REVIEWED BY CITY � f
MANAGER: ��
ITEM FOR COUNCIL CONSIDERATION:
Accept six grant donations in the total amount of$600 received from City residents. These
donations are from people who have recently purchased a home in Richfield and were made
through the Residential Mortgage Group "Refer a Friend. Build your Community" program.
These donations are used to defray the cost of Fire and Life Safety educational programs
conducted by the Fire Department.
I. RECOMMENDED ACTION:
By Motion: Accept six miscellaneous grant donations in the total
amount of $600 received from Richfield residents through the
Residential Mortgage Group "Refer a Friend. Build your Community"
program. These donations are used to defray the cost of Fire and Life
Safety educational programs conducted by the Fire Department.
Acceptance of this donation is in accordance with Minnesota State
Statute 465.03.
II. BACKGROUND
Throughout the year the Fire Department receives donations from citizens and
organizations as an expression of their appreciation. These donations are all from
the Residential Mortgage Group "Refer a Friend. Build Your Community" program.
III. BASIS OF RECOMMENDATION
0628RMG
A. POLICY
• Minnesota State Statute 465.03 requires all donations to be accepted
q p
by resolution of the City Council and adopted by two-thirds majority of
its members.
B. CRITICAL TIMING ISSUES
• This donation aids in reducing the expenditure for Fire operations from
the General Fund.
C. FINANCIAL
• There are no financial costs associated with the acceptance of the
grant donation.
D. LEGAL
• Minnesota State Statute 465.03 requires all donations to be accepted
by resolution of the City Council and adopted by a two-thirds majority
vote of its members.
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. AL'T'ERNATIVE RECOMMENDATIONS)
• None
V. ATTACHMENTS
• Resolution.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
7c - t
RESOLUTION NO.
RESOLUTION AUTHORIZING ACCEPTANCE OF SIX MISCELLANEOUS DONATIONS
RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE THE CITY TO
ADMINISTER THE FUNDS IN ACCORDANCE WITH AGREEMENTS AND TERMS
PRESCRIBED BY THE DONORS
WHEREAS, Minnesota Statute 465.03 reads in part as follows:
Any city, county school district or town may accept a grant or devise of real
or personal property and maintain such property for the benefit of its citizens in accordance
with the terms prescribed by the donor. Nothing herein shall authorize such acceptance or
use for religious or sectarian purposes. Every acceptance shall be by resolution of the
council adopted by two-thirds majority of its members, expressing such terms in full, and
WHEREAS, the City of Richfield has received six donation from Richfield citizens, in
the year 2011, in the total amount of$600 which is used to offset the cost of Fire and Life
Safety educational programs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota, as follows:
1. That the City Council of the City of Richfield hereby accepts the six donation from
Richfield citizens, in the year 2011, in the total amount of$600 and authorizes the City to
administer the funds in accordance with the grant agreements and terms prescribed by the
donors.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of
June, 2011.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION: CONSENT
AGENDA ITEM# 7D
REPORT# 130
STAFF REPORT
RICHFIELD CITY COUNCIL MEETING
JUNE 28, 2011
REPORT PREPARED BY: KRISTIN ASHER, CITY ENGINEER
NAME,TITLE
DEPARTMENT DIRECTOR
Ei 1
REVIEW:
Lf
REVIEWED BY CITY r
MANAGER:
itosprin/- _'
%
ITEM FOR COUNCIL CONSIDERATION:
Consideration of two support letters for the Three Rivers Park District's Nine Mile Creek
Regional Trail in Edina.
I. RECOMMENDED ACTION:
By Motion:
1. Approve the letter of support for the Nine Mile Creek Regional
Trail: West Segment
2. Approve the letter of support for the Nine Mile Creek Regional
Trail: East Segment
II. BACKGROUND
Three Rivers Park District is applying for two Surface Transportation Program Grants to
assist in the development of Nine Mile Creek Regional Trail (NMCRT) in the City of Edina.
The two projects are briefly outlined below and further summarized in attached NMCRT
East and West Project Descriptions file.
Nine Mile Creek Regional Trail: West Segment
Construct approximately three miles of new multi-use regional trail between Trunk
Highway 169 and Tracy Avenue in the City of Edina.
Nine Mile Creek Regional Trail: East Segment
Construct 3.75 miles of new multi-use regional trail between Tracy Avenue and the Edina
Promenade in the City of Edina.
06282011ThreeRivers
To strengthen the competitiveness of each grant application, the Park District is requesting
a letter of support from the City of Richfield for each unique application.
III. BASIS OF RECOMMENDATION
A. POLICY
• The extension on the NMCRT is consistent with the City's
Comprehensive Plan (Transportation p. 6-39).
B. CRITICAL TIMING ISSUES
• The Park District has requested that any support letters be returned by
July 1, 2011 for inclusion in the grant submittal, due July 18, 2011.
C. FINANCIAL
• Supporting the proposed trails projects will not have any financial
impact on the City.
D. LEGAL
• No legal issues are apparent.
• The City Attorney will be available to answer questions.
E. ENVIRONMENTAL CONSIDERATIONS
• The completion of the Nine Mile Creek Trail through Edina will provide
Richfield residents a trail link to Hopkins where there are four
additional regional trail links.
IV. ALTERNATIVE RECOMMENDATION(S)
• The City Council may choose to support one, both or neither of the trail
applications.
V. ATTACHMENTS
• East Trail and West Trail Project Descriptions and Maps
• Draft Support Letter for Nine Mile Creek Regional Trail —West Segment
• Draft Support Letter for Nine Mile Creek Regional Trail — East Segment
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None expected.
Nine Mile Creek Regional Trail East: Project Description and Map
2011 Surface Transportation Program Grant Application
Construct 3.75 miles of new multi-use regional trail between Tracy Avenue and the Edina
Promenade in the City of Edina. The regional trail route utilizes parkland along Nine Mile
Creek wherever possible and feasible. East of Trunk Highway 100, the trail splits away from
Nine Mile Creek and is located within a combination of parkland and road right-of-way.
Some trail segments may require partial road reconstruction to accommodate the trail
within existing road right-of-way. This project includes a new pedestrian/bicycle bridge
over Trunk Highway 100. The route is identified on the below map.
i6Ti
.rrn,r r. - 53
•r,_ V v..na0 a.rye .nrn. _
r.r,... Edina Richfield
•
. •a,,: -`�9
I '31
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61 x:111'.. •,o� 'a
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Nine Mye Creek � -1 .__ E
Reylonal Trail 71 - ,,,n.,,•,17
1_77 V
I V Bloomington V
Nine Mile Creek Regional Trail East Segment I Site Level Map
ri ..ycon harlCwmr Panmry T7hreeRivers
er,Pp<N irar V+Jer lcn>^ntrn
1--- o 0:5 01 r r r PARK[DISTRICT
Trail construction will consist of at-grade bituminous trail construction over non-wetland
areas and raised boardwalks over wetland areas.
An environmental assessment for this project was completed in 2010 and resulted in a
Negative Declaration for an Environmental Impact Statement.
Trail construction along Nine Mile Creek is anticipated to be constructed with creek
restoration efforts. The preliminary construction estimate for this segment is $8.97 million.
Nine Mile Creek Regional Trail West: Project Description and Map
2011 Surface Transportation Program Grant Application
Construct approximately three miles of new multi-use regional trail between Trunk Highway
169 and Tracy Avenue in the City of Edina. The regional trail route utilizes parkland along
Nine Mile Creek wherever possible and feasible. There are some segments of trail that will
occur within or adjacent to road right-of-way. Some trail segments may require partial road
reconstruction to accommodate the trail within existing road right-of-way. This project
includes a new pedestrian/bicycle bridge over Trunk Highway 62. The route is identified on
the below map.
Hopkins
r-.11) . , -,..,
1
Minnetonka ..., `, 3
V
w`,:T s
[ I.
. r o.r 6' � wr.•cN.dY tenor.:[
Edina H[
e'
Nine Mile Creek Regional Trail Corridor [•��•• ;
'
hos
si 121
MO
Nine Mile Creek.. 4 -
Regional Iran 77 !,5
Nine Mile Creek Regional Trail West Segment I Site Level Map
• ,
I \:lluMwA..aNNma•par�C..vemRa•r«ny ThreeRivers
� . rl nKYtKn
_ Ilse rlre i•eY.Hepery
0 0.1:5 a.. osne+r. '�+"• PARK DISTRICT
I 1 1 r t•r.vge H.v V <tH«� iraea
Trail construction will consist of at-grade bituminous trail construction over non-wetland
areas and raised boardwalks over wetland areas. Two easements from non-residential
property owners are anticipated for this project.
An environmental assessment for this project was completed in 2010 and resulted in a
Negative Declaration for an Environmental Impact Statement.
Trail construction along Nine Mile Creek is anticipated to be constructed with creek
restoration efforts. The preliminary construction estimate for this segment is $6.92 million.
June 28, 2011
Mr. Donald J. DeVeau
Director of Planning and Development
Three Rivers Park District
3000 Xenium Lane North
Plymouth, MN 55441-1299
RE: Letter of Support for 2011 Metropolitan Council Regional Solicitation for
Federal Transportation Funding - Nine Mile Creek Regional Trail: West Segment
The City of Richfield would like to express support for the Three Rivers Park District in their
Surface Transportation Program (STP) grant application to implement a trail between TH 169
and Tracy Avenue in the City of Edina_. It is our understanding_ that this project would
construct a segment of trail approximately 3 miles long that utilizes parkland along the Nine
Mile Creek Corridor and road right of way.
The Nine Mile Creek Regional Trail project will connect schools, neighborhoods and mixed-
use businesses and will be a valuable asset to the regional trail system. This trail segment
will provide an important route affording both recreational and non-motorized transportation
opportunities through an area currently underserved by regional trails.
The Nine Mile Creek Regional Trail project is consistent with Richfield's
Comprehensive Plan. Richfield's Comprehensive Plan recommends 75th streetscape elements and bike lanes as part of the reconstruction of 75 and 76
Streets, from Xerxes Avenue to 12th Street to provide a continuation of the Nine Mile
Creek Regional Trail.
The City of Richfield is looking forward to working with the Three Rivers Park District to
develop the Nine Mile Creek Regional Trail.
Thank you for seeking funding for this regionally significant project.
Sincerely,
Debbie Goettel, Mayor
City of Richfield
Steven L. Devich, City Manager
City of Richfield
6700 PORTLAND AVENUE, RICHFIELD, MINNESOTA 55423 612.861.9700 FAX: 612.861.9749
70-14
June 28. 2011
Mr. Donald J. DeVeau
Director of Planning and Development
Three Rivers Park District
3000 Xenium Lane North
Plymouth, MN 55441-1299
RE: Letter of Support for 2011 Metropolitan Council Regional Solicitation for
Federal Transportation Funding - Nine Mile Creek Regional Trail: East Segment
The City of Richfield would like to express support for the Three Rivers Park District in their
Surface Transportation Program (STP) grant application to implement a trail between Tracy
Avenue and the Edina Promenade in the City of Edina. It is our understanding that this
project would construct a segment of trail approximately 3.75 miles long that utilizes parkland
along the Nine Mile Creek Corridor and road right of way.
The Nine Mile Creek Regional Trail project will connect schools, neighborhoods and mixed-
use businesses and will be a valuable asset to the regional trail system. This trail segment
will provide an important route affording both recreational and non-motorized transportation
opportunities through an area currently underserved by regional trails.
The Nine Mile Creek Regional Trail project is consistent with Richfield's
Comprehensive Plan. Richfield's Comprehensive Plan recommends including
streetscape elements and bikes lanes as part of the reconstruction of 75th and 76
Streets, from Xerxes Avenue to 12th Street to provide a continuation of the Nine Mile
Creek Regional Trail.
The City of Richfield is looking forward to working with the Three Rivers Park District to
develop the Nine Mile Creek Regional Trail.
Thank you for seeking funding for this regionally significant project.
Sincerely,
Debbie Goettel, Mayor
City of Richfield
Steven L. Devich, City Manager
City of Richfield
6700 PORTLAND AVENUE, RICHFIELD, MINNESOTA 55423 612.861.9700 FAX: 612.861.9749
AGENDA SECTION: CONSENT
AGENDA ITEM# 7E
REPORT# 131
Magid STAFF REPORT
RICHFIELD CITY COUNCIL MEETING
JUNE 28, 2011
REPORT PREPARED BY: KRISTIN ASHER, CITY ENGINEER
NAME,TITLE
DEPARTMENT DIRECTOR
REVIEW: y /
REVIEWED BY CITY
5 14 MANAGER: j4.1
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution approving a Joint Power Agreement with the State of Minnesota
to receive $5000 toward striping and signing modifications at the 66th Street and Portland
Avenue Roundabout.
I. RECOMMENDED ACTION:
By Motion: Approve the resolution authorizing acceptance of the
State of Minnesota Joint Powers Agreement No. 99072 between the
Minnesota Department of Transportation (Mn/DOT) and the City of
Richfield to accept payment from Mn/DOT for the cost to modify the
pavement markings and signs at the intersection of 66th Street and
Portland Avenue.
II. BACKGROUND
The City of Richfield is managing a Local Road Research Board (LRRB) project
looking at the effects of signing and striping on the performance of a two-lane
roundabout. As part of the project, minor striping and signing modifications will be
made on the approach and in the circulating lanes of the Portland Avenue
roundabout.
The University of Minnesota is under contract with the State of Minnesota to
complete the before and after research.
06282011 Portland
III. BASIS OF RECOMMENDATION
A. POLICY
• Hennepin County is actively involved and supportive of the LRRB
project.
B. CRITICAL TIMING ISSUES
• Ideally the intersection changes would be completed by mid-July in
order for the researchers to obtain after data this year.
C. FINANCIAL
• The estimated cost to make the striping and signing modifications is
$5000 and will be provided by Mn/DOT via the proposed Joint Powers
Agreement.
D. LEGAL
• The City Attorney will be available to answer questions.
E. ENVIRONMENTAL CONSIDERATIONS
• None.
IV. ALTERNATIVE RECOMMENDATION(S)
• The City Council may choose not to approve the agreement.
V. ATTACHMENTS
• Resolution approving Mn/DOT Contract No. 99072
• Mn/DOT Contract No. 99072
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None expected.
7E —t
RESOLUTION NO.
RESOLUTION AUTHORIZING APPROVAL OF CONTRACT NO. 99072 BETWEEN
THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION (MN/DOT)
AND THE CITY OF RICHFIELD TO PROVIDE INTERSECTION MODIFICATIONS AT
66TH STREET AND PORTLAND AVENUE AND ACCEPT A LUMP SUM PAYMENT IN
THE AMOUNT OF $5000.00.
WHEREAS, Mn/DOT is interested in research data which can provide guidance
on effective signing and striping at roundabouts; and
WHEREAS, both the City and Mn/DOT will benefit from the improvements at the
66th Street and Portland Roundabout; and
WHEREAS, the City has agreed to coordinate the striping and signing
modifications; and
WHEREAS, Mn/DOT has agreed to reimburse the City up to $5000 for the
coordination of the intersection striping and signing modifications.
NOW, THEREFORE, BE IT RESOLVED by the Richfield City Council that the
"State of Minnesota Joint Powers Agreement for Restripe and Modify Signs at 66th
Street and Portland Avenue Roundabout", identified as Mn/DOT Contract No. 99072, a
copy of which was before the Council, is hereby approved for the following purposes:
To coordinate the intersection signing and striping modifications by the
City in exchange for a lump sum payment from Mn/DOT to the City in the
amount of$5000 as part of the Restripe and Modify Signs at 66th Street
and Portland Roundabout.
BE IT FURTHER RESOLVED that the Mayor and City Manager are authorized
to execute the Agreement and any amendments to the agreement.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of
June, 2011.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
Mn/DOT Contract No: 99072
STATE OF MINNESOTA
JOINT POWERS AGREEMENT
For
RESTRIPE AND MODIFY SIGNS AT
66TH STREET AND PORTLAND AVENUE ROUNDABOUT
This agreement is between the State of Minnesota, acting through its Commissioner of Transportation("State")
and the City of Richfield acting through its City Council("Governmental Unit")..
Recitals
Minnesota Statutes § 471.59, subd. 10,authorizes the parties to enter into this Agreement.
Roundabouts are being proposed for multiple locations by Mn/DOT in Minnesota.According to the latest
research, "National Cooperative Highway Research Program Report 672:Roundabouts: An Informational Guide
—Second Edition", "It is clear that there are no concrete evidence supporting a specific design and that the
"Manual on Uniform Control Devices"can only offer suggestions in this subject".
The two-lane roundabout located at 66th Street and Portland Avenue is the first in Minnesota and has been
successful based on the reduction of severe crashes at the intersection. The Governmental Unit is proposing
modified striping and signing to clarify the road rules.
The State will reimburse the Governmental Unit for the cost of modifying the pavement markings and signs at the
intersection of 66th Street and Portland Avenue.
Agreement
1. Term of Agreement; Survival of Terms
1.1 Effective date: This Agreement will be effective on the date the State obtains all signatures required
by Minnesota Statutes § 16C.05, subdivision 2,whichever is later.
1.2 Expiration date: This Agreement will expire on August 30,2013, or when all obligations have been
satisfactorily fulfilled,whichever occurs first.
1.3 Survival of terms. All clauses which impose obligations continuing in their nature and which must
survive in order to give effect to their meaning will survive the expiration or termination of this
Agreement, including,without limitation,the following clauses: 6.Indemnification; 7. State Audits;
8. Government Data Practices; 9. Governing Law;Jurisdiction;Venue; and 11.Force Majeure.
2. Agreement between the Parties
2.1 The Governmental Unit agrees to coordinate the intersection signing and striping modifications and
invoice Mn/DOT for work upon completion.
2.2 The State agrees to provide a lump sum payment in the amount of$5000.00 as reimbursement to the
Governmental Unit for the cost to modify the pavement markings and signs at the intersection of 66th
Street&PortlandAvenue.
-1-
Joint Powers Agreement for Non Professional/Technical Services(CM 08/20/2010)
Mn/DOT Contract No: 99072 7E �S
3. Payment
The State will provide the lump sum payment of$5,000.00 promptly upon invoicing by the Governmental
Unit. The total obligation of the State under this Agreement will not exceed$ 5,000.00.
4. Authorized Representatives.
Each party's Authorized Representative is responsible for administering this Agreement and is authorized to
give and receive any notice or demand required or permitted by this Agreement.
4.1 For the State. The State's Authorized Representative is
Name: Alan Rindels
Title: Research Development Engineer
Dept.Name: Pari/Research
Address: 395 John Ireland Blvd
St. Paul,MN 55155
Telephone: 651/366-3779
Email: Alan.Rindels@state.mn.us.
4.2 For the Governmental Unit. The Governmental Unit's Authorized Representative is:
Name: Kristen Asher
Title: City Engineer
Dept.Name: City of Richfield
Address: 6700 Portland Ave South
Richfield,MN 55423
Telephone: 612/861-9795
Email: kasher(a,cityofrichfield.org
5. Assignment,Amendments,Waiver,and Contract Complete
5.1 Assignment Neither party may assign or transfer any rights or obligations under this Agreement
without the prior consent of the other party and a written assignment agreement,executed and
approved by the same parties who executed and approved this Agreement, or their successors in office.
5.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it
has been executed and approved by the same parties who executed and approved the original
Agreement, or their successors in office.
5.3 Waiver. If a party fails to enforce any provision of this Agreement,that failure does not waive the
provision or the party's right to subsequently enforce it.
5.4 Contract Complete. This Agreement contains all prior negotiations and agreements between the State
and the Governmental Unit.No other understanding regarding this Agreement,whether written or oral,
may be used to bind either party.
6. Indemnification
In the performance of this contract by the Government Unit, or the Government Unit's agents or employees,
the Government Unit must indemnify, save, and hold harmless the State,its agents, and employees,from any
claims or causes of action, including attorney's fees incurred by the state,to the extent caused by the
Government Unit's:
-2-
Joint Powers Agreement for Non Professional/Technical Services(CM 08/20/2010)
Mn/DOT Contract No: 99072 7F, -14
1) Intentional, willful, or negligent acts or omissions; or
2) Actions that give rise to strict liability; or
3) Breach of contract or warranty.
The indemnification obligations of this section do not apply in the event the claim or cause of action is the
result of the State's sole negligence. This clause will not be construed to bar any legal remedies the
Government Unit may have for the State's failure to fulfill its obligation under this contract.
7. State Audits
Under Minnesota Statutes § 16C.05, subd. 5,the Governmental Unit's books,records, documents,and
accounting procedures and practices relevant to this Agreement are subject to examination by the State and
the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this
Agreement.
8. Government Data Practices
The Governmental Unit and State must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by the State under this Agreement,and as it
applies to all data created, collected,received, stored,used,maintained, or disseminated by the Governmental
Unit under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data
referred to in this clause by either the Governmental Unit or the State.
9. Governing Law; Jurisdiction; Venue
Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal
proceedings arising out of this agreement, or its breach,must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County,Minnesota.
10. Termination; Suspension
10.1 Termination for Convenience. The State or the Governmental Unit may terminate this Agreement at
any time,with or without cause,upon 30 days' written notice to the other party.
10.2 Termination for Insufficient Funding. The State may immediately terminate this Agreement if it
does not obtain funding from the Minnesota Legislature,or other funding source; or if funding cannot
be continued at a level sufficient to allow for the.payment of the services covered here.Termination
must be by written or fax notice to the Governmental Unit.The State is not obligated to pay for any
services that are provided after notice and effective date of termination.However,the Governmental
Unit will be entitled to payment, determined on a pro rata basis,for services satisfactorily performed
to the extent that funds are available. The State will not be assessed any penalty if this Agreement is
terminated because of the decision of the Minnesota Legislature,or other funding source,not to
appropriate funds. The State must provide the Governmental Unit notice of the lack of funding within
a reasonable time of the State's receiving that notice.
10.3 Suspension. The State may immediately suspend this Agreement in the event of a partial or total
government shutdown due to failure to have a budget approved by the legal deadline. Work
performed by the Governmental Unit during such a suspension will be considered unauthorized and
will be undertaken at risk of non-payment.
11. Force Majeure.
Neither party will be responsible to the other for a failure to perform under this Agreement(or a delay in
-3-
Joint Powers Agreement for Non Professional/Technical Services(CM 08/20/2010)
Mn/DOT Contract No: 99072
performance),if such failure or delay is due to a force majeure event. A force majeure event is an event
beyond a party's reasonable control, including but not limited to,unusually severe weather,fire,floods, other
acts of God, labor disputes, acts of war or terrorism, or public health emergencies.
[The remainder of this page has been intentionally left blank]
-4-
Joint Powers Agreement for Non Professional/Technical Services(CM 08/20/2010)
7 - -6
Mn/DOT Contract No: 99072
STATE.ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION
Individual certifies that funds have been
encumbered as required by Minnesota Statutes §
16A.15 and 16C.05.
Signed: By:
(With delegated authority)
Date: Title:
CFMS Contract No. Date:
GOVERNMENTAL UNIT
COMMISSIONER OF ADMINISTRATION
The undersigned certify that they have lawfully
executed this contract on behalf of the
Governmental Unit as required by applicable
charter provisions,resolutions or ordinances. By:
(With delegated authority)
By_ Date:.Debbie Goettel
Title:
Mayor
Date:
By:
Steven L. Devich
Title:
City Manager
Date:
INCLUDE COPY OF RESOULUTION APPROVING'1'tiE AGREEMENT AND AUTHORIZING
ITS EXECUTION.
-5-
Joint Powers Agreement for Non Professional/Technical Services(CM 08/20/2010)
AGENDA SECTION: CONSENT
AGENDA ITEM# 7F
REPORT# 132
STAFF REPORT
RICHFIELD CITY COUNCIL MEETING
moms JUNE 28, 2011
REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES
DIVISION MANAGER
NAME,TITLE
DEPARTMENT DIRECTOR
REVIEW: 04 Lai. _ 44
4(0 S/GNAT�i
REVIEWED BY CITY j
MANAGER: Jul
ITEM FOR COUNCIL CONSIDERATION:
Accept and approve the amendment to PHER I, II and Ill (Public Health Emergency
Response) Supplemental funding grant from the Centers for Disease Control, through the
Minnesota Department of Health, for use in a contract with the City of Bloomington for
supporting and enhancing the infrastructure critical to public health preparedness and
response.
I. RECOMMENDED ACTION:
By Motion: Accept and approve the attached amendment to PHER I, II
and Ill (Public Health Emergency Response) Supplemental funding
grant from the Centers for Disease Control, through the Minnesota
Department of Health, for use in a contract with the City of
Bloomington for supporting and enhancing the infrastructure critical
to public health preparedness and response.
II. BACKGROUND
The Centers for Disease Control (CDC) re-pooled some of the unspent PHER I, II
and Ill grant fund dollars and re-distributed those dollars to those communities still
in need of additional funding to use for vaccination clinics, supplies, and planning for
mass dispensing within the community relating to H1 N1.
This resulted in the need for an amendment to our original contract with the City of
Bloomington for PHER I, II and Ill funding who is providing much of the work being
done within this area.
062811 Amendment to PHER I, II and Ill Supplemental Fund Grant
A secondary issue in the need for an amended contract is that the Centers for
Disease Control shortened the original grant timeline from a longer period of time to
one that now ends effective July 30, 2011.
At this time, it is necessary to approve the contract with the City of Bloomington in
the amount of$15,200 as they are conducting all the required grant work. Delays in
doing so earlier were as a result of some miscommunication between staff, as well
as a delay in receiving guidance and contracts from the CDC.
The City Attorney has reviewed the contract and has approved of its contents.
III. BASIS OF RECOMMENDATION
A. POLICY
• None
B. CRITICAL TIMING ISSUES
• None
C. FINANCIAL
• None
D. LEGAL
• The City Attorney has reviewed the grant documents and has
recommended that they be approved by the City Council.
E. ENVIRONMENTAL CONSIDERATIONS
• None
IV. ALTERNATIVE RECOMMENDATION(S)
• The City Council could decide not to approve the contract with the City of
Bloomington for the provision of their services as it relates to vaccination
clinics, supplies and planning for mass dispensing within the community as it
relates to H1 N1. This would be problematic as services and staff time has
been expended by Bloomington, on our behalf, in meeting grant
requirements.
V. ATTACHMENTS
• City of Bloomington —Amendment to PHER I, II and Ill Contract
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
7F -1
AMENDMENT TO AGREEMENT BETWEEN
THE CITIES OF BLOOMINGTON AND RICHFIELD
FOR PUBLIC HEALTH EMERGENCY RESPONSE (PHER I, II & III)
THIS AMENDMENT, is made and entered into this day of
, by and between the City of Bloomington, a Minnesota municipal corporation, in the County of
Hennepin, State of Minnesota ("Bloomington"), and the City of Richfield, a Minnesota municipal
corporation, in the County of Hennepin, State of Minnesota ("Richfield").
WITNESSETH:
WHEREAS, Bloomington warrants and represents that its Division of Public Health is a duly
certified public health agency operating in accordance with all applicable federal and state
requirements; and
WHEREAS, Bloomington's Division of Public Health provides public health emergency
preparedness services to respond to bioterrorism, infectious diseases, and other threats to public
health; and
WHEREAS, Richfield wishes to promote, support, and maintain the health of its residents by
providing public health emergency preparedness, and to contract with Bloomington, through its Division
of Public Health, to provide such services to residents of Richfield;
NOW, THEREFORE, the parties hereto, and for consideration of the covenants hereinafter set
forth, agree to the amendments of the listed sections as follows:
A. Term. The term of this Amendment to the Agreement shall be from October 1, 2009 through
July 30, 2011 provided that either party may terminate the same by sixty (60) days' written
notice to the other. In the event of termination pursuant hereto, the payment next due shall be
prorated and paid for only the period ended on the date of termination, and Richfield shall pay
such reduced payment for the period ended on the date of termination, within fifteen (15) days
after receipt of Bloomington's invoice.
B. Bloomington, through its Division of Public Health, agrees to provide residents of Richfield with
the following additional PHER Services:
1. Community Engagement—
• Review and enhance outreach efforts to longstanding community partners as well as
those engaged for the first time during H1 N1 to implement corrective actions, and
re-test strategies during seasonal influenza campaigns.
• Conduct planning meetings with community partners who required consultation and
guidance on community mitigation and social distancing, including schools, faith
communities, businesses and community-based organizations.
2. Planning —
• Update pandemic influenza plans to reflect more detailed, operational strategies.
• Conduct planning activities to address the gaps in vaccine distribution identified in
after action reports, prioritize proposed corrective actions, and coordinate with
partners to ensure revised vaccine distribution plans are operational.
• Address the corrective actions listed in improvement plans, prioritize identified gaps
in delivery of countermeasures, solicit new partners, and develop plans to
implement corrective actions.
3. Exercises—
• Utilized corrective actions and new operational tools developed through
improvement process
D. Payment. Richfield agrees to pay Bloomington an additional $15,200 for the provision of
PHER services, during the term of this Agreement, on terms as follows:
1. Bloomington shall bill Richfield for PHER services and duties. Payment shall be made
within fifteen (15) days of receipt by Richfield of Bloomington's invoice.
2. Payments shall be made by Richfield according to the following schedule:
First half payment of$7,600 due March 31, 2011
Second half payment of$7,600 due June 30, 2011
3. No payment or payments need be made by Richfield under this Agreement while
Bloomington is in default under any of the terms and conditions hereof.
4. In the event Richfield desires to inspect the financial books and records of Bloomington
related to the providing of PHER services and duties by Bloomington, Bloomington
shall make its financial books records available at the Bloomington City Hall for
inspection and copying by Richfield, or any agent, employee or representative of
Richfield, at reasonable business hours.
IN WITNESS WHEREOF, the parties have hereto set their hands on the dates written below.
CITY OF BLOOMINGTON:
Dated:
By:
Its Mayor
Dated: By:
Its City Manager
Reviewed and approved by the City Attorney
CITY OF RICHFIELD:
Dated: By:
Its Mayor
Dated: By:
Its City Manager
AGENDA SECTION: CONSENT
AGENDA ITEM# 7G
REPORT# 133
STAFF REPORT
RICHFIELD
CITY COUNCIL MEETING
JUNE 28, 2011
REPORT PREPARED BY: JIM TOPITZHOFER,RECREATION SERVICES
DIRECTOR
NAME,TITLE
DEPARTMENT DIRECTOR REVIEW: El /
i
/ i REVIEWED BY CITY MANAGER: `
ITEM FOR COUNCIL CONSIDERATION:
Consideration to reject proposals received on December 10, 2010 for the construction of a tier-
one skate park in Augsburg Park and to authorize staff to advertise the attached revised
Request for Proposal for design and construction of a tier-one skate park in Augsburg Park.
I. RECOMMENDED ACTION:
By Motion: Consideration to reject proposals received on December
10, 2010 for the construction of a tier-one skate park in Augsburg
Park and to authorize staff to advertise the attached revised Request
for Proposal for design and construction of a tier-one skate park in
Augsburg Park.
II. BACKGROUND
A Request for Proposal (RFP) for the design and construction of a skate park in
Augsburg Park was authorized by City Council and advertised last fall. Four
proposals were received and scored by a selection committee. The Selection
Committee selected a design from Hardcore Skateparks, Inc. and City Council
approved a motion to authorize staff to negotiate a contract with them. Since then,
the Committee has changed the orientation of the skate park to be relocated to the
east side of the basketball court in Augsburg Park. This area has little to no slope
and will require a change of design. After reviewing Hardcore's design and the
other proposals, the Committee has concluded that a new RFP should be
advertised to solicit designs that can utilize a flat slope. In addition, a soil boring
was taken in the new location and it was determined that less soil needs to be
amended compared to the original location, allowing more project funds to be spent
on design components.
092810 Skatepark RFP
The Committee has revised a new RFP for the design, supply and installation of a
pour-in place concrete tier-one Skatepark, not to exceed a cost of$66,000 with the
following components:
• Street components only, such as stairs, handrails & ledges.
p Y
• No ramp components.
• Incorporate at least one skate-able art component.
The RFP does not include the cost of a site survey and soil testing at a cost of
about $4,000. The project is included in the 2010 Capital Improvement Budget in
the amount of$70,000.
III. BASIS OF RECOMMENDATION
A. POLICY
• The attached Skatepark RFP is very similar to the RFPs the City has
prepared for play equipment selection in the past. The Skatepark
RFP was developed by a planning group of the Community Services
Commission with the help of community feedback from two public
meetings. The Community Services Commission discussed the topic
on numerous occasions.
B. CRITICAL TIMING ISSUES
• None.
C. FINANCIAL
• Total project costs include:
$66,000 Design and Construction (RFP Budget)
$3,000 Soil Testing
$1,000 Site Survey
$70,000 Total Project Cost
• The project is included in the 2010 Capital Improvement Budget in the
amount of$70,000.
D. LEGAL
• The City Attorney has reviewed this report.
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATIONS)
• Although the Community Services Commission feels that the project
described in the revised RFP will enhance the City's park system, the
Council may decide to change RFP or deny the RFP advertisement.
V. ATTACHMENTS
• Revised Project Request for Proposal and Site Map
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Roger Schmidt, resident and skate board advocate.
• Other residents may be present to express their opinions of the project.
CITY OF RICHFIELD, MN 55423
RECREATION SERVICES DEPARTMENT
REQUEST FOR PROPOSAL
FOR
DESIGN, SUPPLY & INSTALLATION
OF POUR-IN-PLACE CONCRETE TIER-ONE SKATEPARK
AT AUGSBURG PARK
I. GENERAL GUIDELINES.
A. Requests For Competitive Proposals.
The City of Richfield is seeking competitive proposals from interested and
qualified companies for the design, supply and installation of a pour-in-place
concrete tier-one skatepark at Augsburg Park, 7145 Wentworth, Richfield, MN
55423.
B. Owner and Submission Information.
Interested companies should submit ONE COPY of their competitive proposals
to:
Jim Topitzhofer, Recreation Services Director
City of Richfield
7000 Nicollet Avenue South
Richfield, MN 55423
RE: Augsburg Skatepark Proposal
Competitive proposals shall include all of the items set forth in Section II below.
Any questions regarding this Request for Proposals should be directed to Jim
Topitzhofer, Recreation Services Director at 612-861-9394.
All proposals must be sealed and submitted to the Recreation Services
Department at the above address by 10:00 a.m. on July 15, 2011. Late
submissions will not be considered.
•
II. PROJECT DESCRIPTION AND SCOPE.
A. General Project Scope.
The City of Richfield Recreation Services Department is seeking competitive
proposals for the design, supply and installation of concrete tier-one skatepark
as defined in Section II B and C.
1
B. Budget
Design, supply and installation of the pour-in place concrete Skatepark, soil
emending as recommended in the soils report, freight, delivery and sales tax and
all other costs associated with the project should not exceed the budget of
$66,500.
C. Design and Cost Proposals
The Proposer shall provide a pour-in-place concrete skatepark design suitable
for the proposed site. If Proposer deems modifications are necessary to the
proposed site, these modifications should be indicated on proposer's plans and
are subject to approval by the City.
The design must meet the following guidelines:
1. Design to comply as a tier-one Skatepark as defined by the League of
Minnesota Cities Insurance Trust.
2. Design to utilize the existing grade of the area defined in the attached site
survey.
3. Concrete specifications should be based upon the attached
recommendations from the Soil Engineer, James Samuelson, Braun
Intertec, 1826 Buerkle Road, St. Paul, MN 55110, 651-487-3245.
4. All edges should be protected with hot dipped galvanized metal type edge
to prevent cracks and chipping.
Design should include the following components:
1. Street plaza components only, such as stairs, handrails and ledges.
2. No ramps.
3. Incorporate one skate-able art component.
Each competitive proposal submitted should reflect, by line item, the cost for the design,
purchase and installation of skatepark components, including all applicable sales taxes,
freight, and other costs associated with each piece of equipment. Costs should be broken
down into logical categories to aid the City in evaluation and include:
• All soft costs; including design, overhead, insurance, proposal, performance and payment
bonds, as well as all applicable sales taxes.
• All hard costs; including all work and materials related to the installation of the concrete
Skatepark and repair of disturbed turf.
Each Proposer must submit the following with bid:
• Written assurance that the design meets all applicable specs.
• Concept plan layout of design.
• Current warranty, insurance, and product specification information on all products and
materials included in your proposal.
• Written estimate of installation time frame.
Exhibit "A" - Park locator map which identifies the location of the park within the city.
2
^7& -3
E . References
Each Proposer shall provide a list of at least three municipal references, located
in the State of Minnesota or in surrounding states. Each reference must include
the name and address of the jurisdiction where the Proposer has installed a
pour-in-place concrete skatepark similar to the skatepark proposed for this
request, and the name and daytime telephone number of an individual, who still
works for the jurisdiction, that the City can contact.
III. EVALUATION AND SELECTION.
A. Design Considerations
The design proposed will be a key factor in the selection process. The City
encourages innovative, interesting and exciting designs that will distinguish
Richfield parks and stand up to the elements.
B. Evaluation Criteria.
The Selection Committee will evaluate and rank each proposal against the
following criteria:
1. Overall design
2. Compliance with RFP requirements
3. Review/Inspection of previous installations and/or references
The recommendation of the Community Services Commission will be provided to the
City Council. The City Council will award the contract to the successful
designer/installer.
C. Contract and Insurance Requirements.
The selected vendor will be required to enter into a contract with the City, provide
the City with a performance bond in an amount equal to the full amount of the
contract (or in the discretion of the City an irrevocable letter of credit) to assure
the timely performance of and payment for the work proposed. Insurance
requirements include:
1. Worker's Compensation Insurance: The Contractor shall take out and
maintain, during the life of the contract, Worker's Compensation Insurance
with a company that is lawfully authorized to do business in the State of
Minnesota. Such insurance shall protect the Contractor, or Subcontractor or
anyone directly or indirectly employed by any of them from claims under
worker's compensation, disability benefit and other similar employee benefit
acts.
2. Commercial/Comprehensive General Liability Insurance: The
Contractor shall take out and maintain during the life of this contract Public
Liability Insurance, Property Damage Liability, and Personal Injury
Insurance with a company that is lawfully authorized to do business in the
State of Minnesota. Such insurance shall protect the Contractor,
Subcontractor, or anyone directly or indirectly employed by the Contractor
or Subcontractor performing work covered by this contract from claims
arising out of public liability, property damage, or personal injury including
death, as well as claims for property damage which may arise out of work.
3
7C, -4
The Contractor's policy shall list the City as an additional insured on a
primary or non-contributory basis. The recommended minimum limits of
insurance per project are:
• General Aggregate $500,000
• Product-Completed Operations Aggregate $500,000
• Personal and Advertising Injury $500,000
• Per Occurrence (Bodily Injury & Property Damage) $500,000
• Professional Liability Insurance $1,000,000
3. Fire Insurance: The Contractor is responsible for insuring for fire, and
extended coverage including vandalism and malicious coverage on the
work included in the contract from the beginning of the work until final
acceptance of the completed project. The policies shall cover all work
incorporated in the project and all material in place or stored at the site for
installation against loss by fire and wind. This provision does not exclude
material partially paid for by the Owner. This insurance shall be for the full
insurable value of the material and shall be kept in full force until final
acceptance of the work by the Owner.
4. Automobile Insurance: The Contractor shall take out and maintain
during the life of the contract Automobile Insurance with a company that is
lawfully authorized to do business in the State of Minnesota. The
recommended minimum limits of insurance are $1,000,000 combined single
limit (B1 & PD).
All insurance referenced in paragraphs 1 through 4 shall be placed with
companies acceptable to and approved by the City prior to the commencement
of the work. The Contractor shall submit copies of the certificate with the City
prior to commencement of the work. Certificates of insurance will not be
canceled or allowed to expire until at least 30 days prior written notice has been
given to the City. The City shall be shown on the General Liability coverage as
an "additional insured."
Any proposals received with limits lower than those referenced above may still
be considered for this project.
5. Payment to Subcontractors: The Contractor shall agree to pay at
subcontractors within 10 days of receipt of payment from City as required by
Minnesota State Statute 471.425.
D. Reservations and Other Considerations.
1. The City of Richfield reserves the right to reject any or all proposals for
reasons of safety, quality, quantity, design or other issues deemed important
to the successful completion of the project. Any proposals exceeding the
maximum funding or footprint on the site will be excluded.
2. Proposals are to be submitted on or before 10:00 a.m., December 1, 2010, to
Richfield Recreation Services Department, 7000 Nicollet Ave South,
Richfield, MN 55423, RE: Augsburg Skatepark Proposal. For additional
information contact Jim Topitzhofer, Recreation Services Director, 612-861-
4
7& -s
9394. Proposal amounts will need to be effective for 80 days after the above
deadline.
3. The City reserves the right to accept proposals based upon factors other than
the lowest price as set forth in the evaluation criteria.
4. The City will not be responsible for any costs incurred by those submitting or
preparing competitive proposals. At the request of the Proposer, proposals
will be returned after the selection process has been completed and a vendor
selected.
5. The City reserves the right to revise the scope of the project based on budget
limitations and other relevant considerations.
6. The City reserves the right to select more than one provider for the Skatepark
Project.
7. Each Proposer must meet the City of Richfield contract requirements. The
City reserves the right to reject proposals that cannot meet contract
requirements.
5
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AGENDA SECTION: CONSENT
AGENDA ITEM# 7H
REPORT# 134
=MAI STAFF REPORT
RICHFIELD CITY COUNCIL MEETING
JUNE 28, 2011
BETSY OSBORN, SUPPORT SERVICES
REPORT PREPARED BY:
DIVISION MANAGER
NAME, TITLE
DIRECTOR RE CTOR REVIEW:
7
TURE
REVIEWED BY CITY MANAGER: r, 4
ITEM FOR COUNCIL CONSIDERATION:
Consideration of an annual request for a temporary on-sale 3.2 percent malt liquor license for
activities scheduled to take place July 4, 2011 for the Minneapolis-Richfield American Legion
Post 435, 6501 Portland Avenue.
I. RECOMMENDED ACTION:
By Motion: Approve a temporary on-sale 3.2 percent malt liquor
license for the Minneapolis-Richfield American Legion Post 435, 6501
scheduled to take
place Jul 4, 2011.
for activities ,
Portland Avenue, o p July
II. BACKGROUND
On June 7, 2011, the Minneapolis-Richfield American Legion Post 435 submitted
their annual request for a temporary license to serve on-sale 3.2 percent malt liquor
for the 4th of July activities. The required licensing fees have been received.
This request is in conjunction with the Richfield Fourth of July Celebration
and has
q J
been organized by the Fourth of Jul Committee. Their plans are to have an open
g Y July
their property, and they would like to serve
house and community dance outside on t p p y, Y
refreshments, including beer. Their food menu will consist of items such as hot
dogs, hamburgers, sloppy Joes, brats, corn, French fries, ice cream, cookies,
candy, soda, and water.
Licensing requirements for the preparation and service of food for this event is
covered under the Minneapolis-Richfield American Legion's annual food license.
062811 American Legion Fourth of July Liquor License
Licensing requirements for the preparation and service of food for this event is
covered under the Minneapolis-Richfield American Legion's annual food license.
The applicant has contacted food sanitarians from the City of Bloomington to ensure
that proper food handling practices are followed. They will work with Bloomington
sanitarians and follow their recommendations for safe and wholesome food
handling.
Their current liquor license is only valid for the serving of alcohol within the
establishment and does not cover the exterior serving. Proof of liquor liability
insurance coverage to cover the exterior of their property has been provided
showing Integrity Mutual Insurance Company affording the coverage.
Richfield Public Safety staff spoke with management from the American Legion to
address some specific Public Safety issues and concerns. As a condition of the
approval of their license, it was decided that Portland Avenue will be closed from
8:30 p.m. to 12:00 Midnight. In addition, 66th Street will also be shut down between
the hours of 8:30 p.m. to 11:30 p.m. No through traffic will be allowed on 66th
Street and Portland Avenue, and all traffic will be routed away from the event.
American Legion patrons will be allowed to enter the Legion parking lot until
approximately 8:30 p.m. when Portland Avenue closes. Patrons will not be allowed
to leave the Legion parking lot after 8:30 p.m. All patrons parked in the lot at 8:30
p.m. will be required to remain in the lot until 11:15 p.m, when all pedestrian traffic is
clear on Portland Avenue. ONLY cabs and limos that are contracted with the
Legion to provide sober cab services will be allowed to access the site from
Portland after 8:30 p.m. These vehicles will have placards provided to them by the
American Legion to identify their right to enter. At 11:15 p.m. when patrons are
allowed to exit the American Legion lot, they will be routed southbound on Portland
Avenue and westbound on 66th Street. Also, vehicles that are parked at the ice
arena will be instructed that they need to remain in place until 11:15 p.m. All
residents living on 66th Street and Portland Avenue will be allowed entrance onto
these streets.
III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with the City codes pertaining to a
temporary on-sale 3.2 percent malt liquor license.
• The City has previously issued temporary on-sale 3.2 percent malt
liquor licenses in conjunction with the Fourth of July Celebration.
B. CRITICAL ISSUES
• That the sale of 3.2 percent malt liquor cease no later than midnight.
• The applicant has hired a professional security organization to
oversee all hours of operation for this event.
• American Legion customers will not be allowed to exit the site after
8:30 p.m.
• Limousine and taxi companies contracted by the American Legion to
provide sober cab services will be allowed to access the site from
Portland Avenue after 8:30 p.m.
C. FINANCIAL
• N/A
D. LEGAL
• N/A
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• Deny the request for a temporary 3.2 percent malt liquor license. This would
result in the applicant not being able to conduct activities, especially those
concerning the temporary sale of 3.2 percent malt liquor, in conjunction with
the Fourth of July Celebration. However, the Public Safety Department has
not found any basis for denial.
V. ATTACHMENTS
• N/A
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Roger Wysong, Legion Manager, has been notified of the date for Council
consideration of this request.
AGENDA SECTION: CONSENT
AGENDA ITEM# 7I
REPORT# 135
STAFF REPORT
RICHFIELD CITY COUNCIL MEETING
JUNE 28, 2011
REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES
DIVISION MANAGER
NAME,TITLE
DEPARTMENT DIRECTOR REVIEW:
�� '� MATURE
REVIEWED BY CITY MANAGER: D/ 'J _40"
ITEM FOR COUNCIL CONSIDERATION:
Consideration of an annual request for a community celebration event license and a temporary
on-sale 3.2 percent malt liquor license, with a request for a fee waiver, for the Fourth of July
Committee for events scheduled to take place at Veterans Memorial Park, July 1 through July
5, 2011.
I. RECOMMENDED ACTION:
By Motion:
1. Approve a community celebration event license;
2. A temporary on-sale 3.2 percent malt liquor license; and
3. Approve a fee waiver;
for the Fourth of July Committee for the annual events scheduled to
take place July 1 through July 5, 2011.
II. BACKGROUND
Each year the Fourth of July Committee makes application for a community
celebration event license and requests that the community celebration fee of$5,000
be waived for the activities that take place throughout the City for this celebration.
This year's celebration is scheduled to take place July 1 through July 5, 2011.
As in the past, they have also included a request for a temporary on-sale 3.2
percent malt liquor license which would allow them to serve beer and wine coolers
at Veterans Memorial park during the July 3rd activities. A copy of the liquor liability
insurance has been provided.
062811 Fourth of July Committee Licenses
A detailed activity plan of the days' events is currently on file.
The food concessions will be staffed by members of various organizations, most of
which have been with the committee since the celebration began.
All fees for each professional concession have been received.
The committee has contacted food sanitarians from the City of Bloomington to
ensure that proper food handling practices are followed. They will work with
Bloomington sanitarians and follow their recommendations for safe and wholesome
food handling. In addition, each individual concessionaire has been approved by
Monica Loye of the Bloomington Food Inspection Division.
III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with all of the provisions of the City
application process and meets the requirements for fee waiver.
B. CRITICAL ISSUES
• Public Safety Police Officers have been hired by the Fourth of July
Committee to patrol the area for this event.
C. FINANCIAL
• N/A
D. LEGAL
• N/A
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• Deny the request for a community celebration event license and a temporary
on-sale 3.2 percent malt liquor license. This would result in the applicant not
being able to conduct activities, especially those concerning food preparation
and temporary on-sale 3.2 percent malt liquor sales, on July 1 through July 5,
2011.
V. ATTACHMENTS
• None
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Richard Jabs and Katherine Robison of the Fourth of July Committee have
been notified of the date for Council consideration of this request.
AGENDA SECTION: CONSENT
AGENDA ITEM# 7J
REPORT# 136
maid" STAFF REPORT
RICHFIELD, CITY COUNCIL MEETING
JUNE 28, 2011
REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES
DIVISION MANAGER
DEPARTMENT DIRECTOR M
REVIEW: _I AA:
j - SIGNA'
REVIEWED BY CITY ' / / E
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the request by The Church of the Assumption for a temporary 3.2 percent
malt liquor license for their Kermes event to be held July 10, 2011.
I. RECOMMENDED ACTION:
By Motion: Approve a 3.2 percent malt liquor license for The Church
of the Assumption for their Kermes event to be held on July 10, 2011.
II. BACKGROUND
On June 10, 2011, The Church of the Assumption submitted a request for a 3.2
percent malt liquor license for their Kermes event to be held July 10, 2011. The
required licensing fees have been received.
They will be serving such food items as tamales, tortillas, meat, fruit, cheese, fried
pork, and potatoes. The Church of the Assumption has contacted food sanitarians
from the City of Bloomington to ensure that proper food handling practices are
followed.
The event will take place from 11:00 a.m. to 4:30 p.m.
Liquor Liability insurance coverage has been provided showing The Catholic Mutual
Relief Society as affording the coverage.
The Public Safety Department has received no complaints regarding similar events
for the Church of the Assumption in previous years.
062811 Assumption's Kermes Event Liquor License
Liquor Liability insurance coverage has been provided showing The Catholic Mutual
Relief Society as affording the coverage.
The Public Safety Department has received no complaints regarding similar events
for the Church of the Assumption in previous years.
III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with the City codes pertaining to this
license.
B. CRITICAL ISSUES
• Necessary fees have been paid and insurance coverage has been
submitted.
C. FINANCIAL
• N/A
D. LEGAL
• N/A
E. ENVIRONMENTAL CONCERNS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• Deny the request. However, the Public Safety Department has not found any
basis for a denial. In addition, the Council has previously granted similar
licenses for The Church of the Assumption events.
V. ATTACHMENTS
• N/A
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• The Church of the Assumption staff/representative
AGENDA SECTION: PROPOSED
ORDINANCE
AGENDA ITEM# 9
REPORT# 137
STAFF REPORT
RICHFIELD
CITY COUNCIL MEETING
JUNE 28, 2011
REPORT PREPARED BY: NANCY GIBBS, CITY CLERK
NAME,TITLE
DEPARTMENT DIRECTOR
Eit
REVIEW:
ySIGNATURE
REVIEWED BY CITY n /
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of second reading of an amendment to the City Administrative Code Chapter 1,
Subsection 100.07 adopting references to Minnesota Statutes and Rules.
I. RECOMMENDED ACTION:
By Motion: Approve the second reading of the proposed ordinance
amendment to the City Administrative Code Chapter 1, Subsection
100.07 adopting reference to Minnesota Statutes and Rules.
II. BACKGROUND
The City Attorney has recommended to amend Section 100.07 (Official statutes,
codes, regulations, and ordinances) to reflect the adoption of the most current State
Statutes and Rules. This change will update a section of the City ordinance code
that should be periodically updated. Section 100.07 currently references Minnesota
Statutes 2009 and Minnesota Rules in effect on August 1, 2009.
First reading of the proposed ordinance was conducted on June 14, 2011
III. BASIS OF RECOMMENDATION
A. POLICY
• Section 100.07 is an ordinance section that references Minnesota
Statutes and Rules. These Statutes and Rules should be the most
current and therefore, readopted periodically.
0628statute
B. CRITICAL TIMING ISSUES
• There is no critical time issue, but the amendment should be made as
soon as possible to reflect the most current law.
• First reading was held on June 14, 2011.
C. FINANCIAL
• There is no financial impact associated with this change.
D. LEGAL
• Amendment to Section 100.07 will keep the City ordinance in
accordance with State law.
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATIONS)
• Do not approve the ordinance amendment and take no further action.
• Defer discussion to another date.
V. ATTACHMENTS
• Proposed City Administrative Ordinance Code.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
BILL NO.
AMENDMENT TO SECTION 100.07
OF THE ORDINANCE CODE OF THE
CITY OF RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 100.07 of the ordinance code of the City of Richfield entitled
"Official statutes, codes, regulations, and ordinances" is hereby amended:
100.07. Official statutes, codes, regulations, and ordinances. References in this code to
Minnesota Statutes are to Minnesota Statutes 200809, Minnesota Statutes, 200911
Supplement and Laws of Minnesota 200911, unless otherwise provided in this code.
References in this code to rules and regulations of state agencies, codes, and ordinances of
other municipalities are to those documents in effect on August 1, 2000911 unless otherwise
provided in this code.
Section 2. This ordinance is effective in accordance with Section 3.09 of the
Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 28th day of June,
2011.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION: PROPOSED
ORDINANCE
AGENDA ITEM# 10
REPORT# 138
STAFF REPORT
RICHFIELD CITY COUNCIL MEETING
JUNE 28, 2011
REPORT PREPARED BY: CO E HEINE, CITY ATTORNEY
A! TTTa VIEWED BY CITY 44_,,,
ANAGER:
ITEM 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
On March 22, 2011, the City Council adopted an ordinance that requires vacant
buildings to be registered and that establishes regulations for the maintenance
and repair of such buildings. In preparing for the implementation of the
ordinance, the City staff has determined that some ordinance provisions could
increase administrative burdens or create confusion when read in conjunction
with other applicable code requirements.
The staff recommends that the ordinance be amended to reduce those
administrative burdens and to cross-reference rather than re-state other
applicable code requirements.
062811 —Vacant Buildings
The proposed ordinance is attached, together with a copy of subsection 925.02,
in its entirety. The latter attachment shows the changes in their context and
provides a brief explanation of why each change is recommended.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City desires to address the public health and safety concerns
raised by vacant buildings in a manner that does not present undue
administrative burdens.
• The public interest is served by correcting code provisions that are
repetitive or potentially inconsistent with other applicable code
provisions.
B. CRITICAL TIMING ISSUES
• The vacant building ordinance took effect on April 29, 2011.
Buildings that have been vacant for 90 days or more must be
registered, which means that implementation of the ordinance will
begin July 28, 2011.
• It would be desirable to have the ordinance adopted prior to the
implementation date for the vacant building registration
requirement.
C. FINANCIAL
• N/A
D. LEGAL
• The City Attorney has reviewed the proposed ordinance.
E. ENVIRONMENTAL
CONSIDERATIONS
• N/A.
IV. ALTERNATIVE RECOMMENDATIONS)
• None.
V. ATTACHMENTS
• Ordinance.
• Code section 925.02, with amendments shown in context.
• Resolution authorizing publication by title and summary.
VI. PRINCIPAL PARTIES EXPECTED AT
MEETING
• None
062811 —Vacant Buildings
BILL NO.
AN ORDINANCE RELATING TO VACANT OR ABANDONED BUILDINGS;
AMENDING SUBSECTION 925.02 OF THE RICHFIELD CITY CODE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 925.02, subdivision 2, paragraph (f) is repealed.
Sec. 2. Subsection 925.02, subdivision 5, paragraph (a), is amended by adding
a clause to read as follows:
(9) 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.
Sec. 3. Subsection 925.02, subdivision 5, paragraph (b) is amended to read as
follows:
(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
submitted with the Vacant Building Application.
(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
062811 —Vacant Buildings 1
abatement and cost recovery proceedings for the
abatement of the violation may be required to demolish the
building in accordance with City code and State Statutes
463.15 - 463.26.
Sec. 4. Subsection 925.02, subdivision 5, paragraph (f), relating to fee waivers,
is repealed.
Sec. 5. Subsection 925.02, subdivision 5, paragraph (g) is amended to read as
follows:
(g) Assessment: If the registration fee ion is not fully
paid within 60 days after-billing following the annual registration due date,
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.
Sec. 6. Subsection 925.02, subdivision 5, paragraph (h) is amended to read as
follows:
(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 on that vacant
building.
fails to complete the registration process, the property will be
administratively registered as a vacant property.
Sec. 7. Subsection 925.02, subdivision 8, paragraph (d) is amended to read as
follows:
(d) Plumbing, Electrical, Lighting, Heating: Owners of vacant
buildings must comply with applicable city and state code provisions
for the maintenance, repair or removal of plumbing, electrical, lighting,
and heating facilities or equipment. Plumbing fixtures: Plumbing
fixtures connected to an approved water system, an approved
sound condition and good repair or removed and the service
terminated in the manner prescribed by applicable codes. The
Sec. 8. Subsection 925.02, subdivision 8, paragraphs (e), (f) and (g) are
repealed.
062811 —Vacant Buildings 2
Sec. 9. Subsection 925.02, subdivision 8, paragraph (i) is amended to read
as follows:
(i) Signage: ! - - ' - - - - -- ' - - - - - - - -
otherwise altered to be compatible with the building surfaces. All signs
Owners of
vacant buildings must comply with City Code Section 549 with respect to
signage on the property.
Sec. 10. Subsection 925.02, subdivision 11 is amended to read as follows:
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 compliance official within ten
business days of the decision that is basis of the appeal.
Section 11. This ordinance shall be effective as provided in Section 3.09 of the
Richfield City Charter.
Adopted this 28th day of June, 2011.
By:
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
062811 —Vacant Buildings 3
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
from becoming a burden to the neighborhood and community and a threat to the public health,
safety, or welfare.
(0
criminal activity, or other activity or conditions that create a public nuisance upon their vacant
much greatcr manner than a single property owner. Therefore, owners of multiple properties
on their vacant properties shall be subject to imposition of highcr administrative penalties in
- - ' - ' -- - - - - • - - _ - - -- '- - - - • - - - - - •- . [This paragraph
is deleted because it would require staff to establish an owner registry and to verify
status of other owner properties before writing citations. Because each property will be
subject to independent penalties, the prospect of multiple penalties should provide
incentive for owners to comply with the ordinance. This provision will be revisited if
experience shows that owners with multiple vacant properties are less compliant than
owners with only one vacant property.]
062811 —Vacant Buildings 1
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 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.
(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 a full-time or a part-time basis. A dwelling may be a
part of a multi-dwelling or multi-purpose building, or a manufactured home as defined in
this code or State Statutes.
Subd. 5. Vacant Building Registration.
062811 —Vacant Buildings 2
(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;
(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.
(9) 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. [This provision is not new but was
moved to this location from subd. 5(h).]
(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 submitted with the
062811 —Vacant Buildings 3
Vacant Building Application. [Change will reduce administrative
burdens.]
(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 • - - -• - - • • - - -' - - - - - - - •- - - - - . - -
does not demolish the building, the City may commence abatement and
cost recovery proceedings for the abatement of the violation may be
required to demolish the building in accordance with City code and State
Statutes 463.15 - 463.26. [Change reflects circumstances under which
City would require demolition.]
(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: 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 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.
ICI
062811 —Vacant Buildings 4
(f) Waiver of Fee: The registration fee may be waived if the owner or
official; and either
e •••• •* - - - • - •- -- - -- - . Change is•
recommended in order to remove potential for numerous
waiver requests and the consequent administrative burdens.
This provision will be revisited if experience in administering
the ordinance shows more specific circumstances where
waiver may be appropriate.]
(g) Assessment: If the registration fee Of—any—portion is not fully paid within 60
days aft° .g following the annual registration due date, 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. (Change will reduce
administrative burdens.]
(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 on
that vacant building. •- e - -- • • - - - - - - •- e - - • -- • - - --
erty. [Stricken language was moved to subd. (a)(9).]
Subd. 6. Change of Ownership. A new owner(s) must register or re-register a vacant
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
062811 —Vacant Buildings 5
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.
(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, Electrical, Lighting, Heating: Owners of vacant buildings must
comply with applicable city and state code provisions for the maintenance, repair or
062811 —Vacant Buildings 6
removal of plumbing, electrical, lighting, and heating facilities or equipment. g
fixtures: Plumbing fixtures connected to an approved water system, an approved
(e) -- : --. '_- -- - - - - • - - - - - -- -
(f) Lighting: All exterior lighting fixtures must be maintained in good repair,
(g) Heating: Heating facilities or heating equipment in vacant buildings-must
[Paragraphs above were amended to avoid possibly repetitive or inconsistent
language with other applicable code provisions.]
(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: e - - - - - - - "e - • - - - • - • : - - - - - - - -
nU-St 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
surfaces. All _ • -- - • -•- - - -- - e e e e -- e e - •e - -e e •- • -- ..• • -
- • _ . -_ ••• • -- - e - . e _ _ -- _ _ _ •_ •. Owners of vacant buildings must
comply with City Code Section 549 with respect to signage on the property.
(Paragraph amended to avoid possibly repetitive or inconsistent language with
other applicable code provisions.]
(j) Exterior maintenance: The owner must comply with all applicable property
maintenance regulations and City codes including, but not limited to, the following:
062811 —Vacant Buildings 7
(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 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
062811 —Vacant Buildings 8
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
compliance official within ten business days of the decision that is basis of the appeal.
[Amended to correct error.]
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.
062811 —Vacant Buildings 9
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 June 28, 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 612-861-9738.
Nancy Gibbs, City Clerk
BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of the
ordinance in her office at City Hall for public inspection and to post a full copy of the ordinance
in a public place in the City for a period of two weeks.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of June,
2011.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
062811 —Vacant Buildings 10
• AGENDA SECTION: PROPOSED
ORDINANCE
AGENDA ITEM# 1 OA
REPORT# 138A
STAFF REPORT
RICHFIELD CITY COUNCIL MEETING
JUNE 28, 2011
REPORT PREPARED BY: CORRINE HEINE, CITY ATTORNEY
NAME,TITLE
DEPARTMENT DIRECTOR / /
__
REVIEW: � , / ,
REVIEWED BY CITY r, �'
MANAGER: `� , /� -�v Ilk
•
ITEM UN
First reading of an ordinance relating FOR to CO refuse CIL and recycling CONSIDERATION:container storage.
I. RECOMMENDED ACTION:
By Motion: Conduct a first reading of an ordinance amending
Richfield City Code Subsection 601.25, relating to storage of refuse
and recycling containers, and schedule second reading for July 12,
2011.
II. BACKGROUND
The City Council established a citizen based Property Excellence Task Force in
2009. The Council charged the task force with studying neighborhood conditions
and City ordinances and recommending changes to ordinances, policies or
procedures in order to improve community livability. One of the task force
recommendations was to amend the City ordinance to require property owners to
screen refuse and recyclables containers from public view when not at curbside
for collection.
• The City Council instructed staff to bring a draft ordinance addressing this matter
for consideration in the early summer of 2011. This staff report and ordinance
amendment is in response to that directive.
020811 - 1st Reading Class IV Restaurant Parking
IDIII. BASIS OF RECOMMENDATION
A. POLICY
• The City of Richfield places a high value on preserving property
values and the livability of residential neighborhoods.
• The Property Excellence Task Force felt that the proper screening
of garbage cans was an important issue to be addressed
throughout the City.
B. CRITICAL TIMING ISSUES
• The City Council should determine the date that it wishes to start
enforcing the ordinance. A blank in the draft ordinance has been
left for that purpose.
• Notifications to residents about the proposed ordinance will begin
immediately after adoption at first reading.
• The City Council must balance the timing issue of correcting the
problem of improperly screened garbage cans with giving residents
adequate time to correct the problem.
C. FINANCIAL
• • N/A
D. LEGAL
• The City has the legal authority to establish reasonable restrictions
regarding the screening or garbage containers.
• The City may take such action through City Ordinance.
E. ENVIRONMENTAL
CONSIDERATIONS
• Proper storage of refuse and recycling containers reduces the
occurrence of litter and visual clutter.
IV. ALTERNATIVE RECOMMENDATION(S)
• None.
V. ATTACHMENTS
• Ordinance.
VI. PRINCIPAL PARTIES EXPECTED AT
• MEETING
• None
020811 - 1st Reading Class IV Restaurant Parking
BILL NO.
AN ORDINANCE RELATING TO STORAGE OF GARBAGE, REFUSE
AND RECYCLABLES CONTAINERS; AMENDING SUBSECTION
601.25 OF THE RICHFIELD CITY CODE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 601.25 of the Richfield City Code is amended to read as
follows.
Storage of garbage, refuse and recyclables containers. Garbage cans,
refuse, and recyclables containers for single- and two-family residential
properties must be located - - - •- - - - - - ' e- - - -- - e' -
_ - - '- _ • _ _ •• as provided in this subsection. Except when
placed for collection, containers must be stored within an enclosed
structure or screened from public view. Screening may consist of a wall,
fence, evergreen plantings, or other screening material of at least 50
percent opacity. The screening material must screen the entire container
from all street (but not alley) views. Enclosures or screens must comply
with all applicable codes as to setback, height, and other requirements.
Enclosures or screens that are designed solely for container storage must
be erected behind the front plane of the principal dwelling.
Sec. 2. This ordinance will be effective in accordance with Section 3.09 of the
City Charter. Enforcement of the ordinance shall be by warning and education for the
first days after the effective date, after which the public safety department may
enforce the ordinance by citation or any other available enforcement measures.
Adopted this 28th day of June, 2011.
By:
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
020811 - 1st Reading Class IV Restaurant Parking
AGENDA SECTION: RESOLUTION
AGENDA ITEM# 11
REPORT# 139
STAFF REPORT
RICHFIELD CITY COUNCIL MEETING
JUNE 28, 2011
JOHN STARK, COMMUNITY
REPORT PREPARED BY: DEVELOPMENT DIRECTOR AND
KATIE PORATH,DEPUTY CITY
CLERK
NAME,TITLE
DEPARTMENT DIRECTOR ID
REVIEW:
Alr � SIGNATURE ,
REVIEWED BY CITY
4-1(MANAGER: C416� _ .jam!
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution amending Appendix D of the Richfield City Code to establish a
fee for Vacant Building Registration.
I. RECOMMENDED ACTION:
By Motion: Approve the attached resolution amending Appendix D of
the Richfield City Code related to fees for Vacant Building
Registration.
II. BACKGROUND
On March 22, 2011 the Richfield City Council adopted an Ordinance establishing a
Vacant Building Registration. Bill No. 2011-11 went into effect on April 29, 2011.
As the Ordinance affects only those properties which have been vacant for 90 or
more days following its effective establishment, any building which has been vacant
for 90 days or more on or before July 28, 2011 must register their building.
The Vacant Building Registration Ordinance contains the following provision:
(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
06282011 Vacant Building Registration Fees
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.
Fees such as this are typically contained in Appendix D to the City Code.
Based on a review of other cities' vacant building fees and on staff's estimation of
the time and costs which will be necessary to conduct work associated with the
Vacant Building Ordinance, the following is recommended as Vacant Building
Registration Fees:
Property Type Vacant less than Vacant for 1
1 Year Year or Longer
Single Family or Duplex Home $100 $200
Any other type of property of less than
20,000 square feet in building size AND $500 $1,000
less than 1 acres of lot size.
Any other type of property larger than
20,000 square feet in building size OR $1,250 $2,500
more than 1 acres of lot size.
These fees take into account the additional staff time that is anticipated in dealing
with large vacant properties and with long term vacancies.
Staff is still refining a reliable estimate of vacant buildings in Richfield. Based on
information currently available, it is estimated that at the present time, there are
approximately 175 vacant single family and duplex homes, 8 small non-residential
vacant properties and two large non-residential properties. A further assumption
about the duration of these vacancies has led staff to estimate a cumulative total of
$35,000 to $42,500 in total fee revenues. Staff has concluded that such revenues
should be sufficient to cover staff costs associated with administering the Vacant
Building Registration Program.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City is required to establish fees that appropriately reflect the
City's costs of administering the permit or application for which the fee
is charged.
B. CRITICAL TIMING ISSUES
• The fees should be adopted prior to July 28, 2011; the date on which
a building could have been vacant for at least 90 days following the
effective date of the Vacant Building Registration Ordinance.
C. FINANCIAL
• It is important for the fees of any City program to be sufficient to cover
the staff time associated with administering that program.
D. LEGAL
• Legal Counsel has been involved in the discussions leading to the
proposed fee schedule.
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• Provide staff with feedback with the desired outcome being the consideration
of an alternative Vacant Building Fee Schedule at a future City Council
meeting.
V. ATTACHMENTS
• Resolution
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
fl
— t
RESOLUTION NO.
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. 10486
BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows:
SECTION 1. ESTABLISHING FEES
A. License, permit and miscellaneous fees required under the ordinances of the City of Richfield shall be
as stated in the sections of this Resolution.
B. A period of no less than 30 days will be allowed for the remittance of City Business license renewal
fees contained in Sections 5, 6, 7, 8 and 9 of this resolution.
C. A 10% administrative surcharge will be assessed upon all renewals contained in Section 5, 6, 7, 8
and 9 of the resolution if not received by the City on or before December 31st of each year. The 10%
surcharge will be based upon the cost of the license.
D. Nothing in this section shall be deemed to require the City to issue or renew any license for which the
fee has not been paid in a timely manner.
SECTION 2. CONSTRUCTION AND RELATED LICENSE FEES
TYPE OF PERMIT SECTION DESCRIPTION FEE
OR LICENSE REQUIRING
(1) Heating and 400.07 1 Year $ 80.00
Ventilating
Installer
(2) Sign Installer 416.01- 1 Year $ 80.00
416.13
(3) Electrical 400.03- State License Required
Installer 400.09
(4) Plumber 400.03- State License Required
400.09
(5) Well Driller 620 State License Required
SECTION 3. PUBLIC WORKS FEES
TYPE OF PERMIT SECTION DESCRIPTION FEE
OR LICENSE REQUIRING
(1) Benches 805.01- First Year $ 80.00
805.27 Renewal $ 30.00
(2) Boulevard 811.07 a) Application to place a privately owned $ 30.00
feature Permit feature in the boulevard
b) If applied for after installation of feature has $ 60.00
begun
BOLD represents added/amended fees
1
SECTION 3. PUBLIC WORKS FEES (CONTINUED)
TYPE OF PERMIT SECTION DESCRIPTION FEE
OR LICENSE REQUIRING
(3) Excavation in 800.01- a) For each transverse excavation and each 100 $ 125.00
Public Right of 800.15 feet or portion thereof longitudinal excavation
way and for each 100 feet of curb and gutter or
portion thereof installed or driveway apron
installed, except when survey and grade
stakes are set by City
b) If applied for after excavation has begun $ 250.00
(4) Forestry Permit 810 Applies only to trees on City property and public $ 25.00
Right of Way (ROW)
(5) Seasonal Load a) Per load $ 25.00
Limit Exemption b) If applied for after delivery $ 50.00
(6) Obstruction 802.17 (a) Short term, temporary lane closure of less No fee
Permit than four hours
(b) Lane closures longer than four hours duration
(or if between 7:00 a.m. and 9:00 a.m. or
between 3:30 p.m. and 6:00 p.m.)
Arterial/Collector/Distributor
Day (per block or portion thereof) $ 30.00
Week (per block or portion thereof) $ 125.00
Local/Residential
Day (per block or portion thereof) $ 15.00
Week (per block or portion thereof) $ 50.00
Parking lane/sidewalk
Day (per block or portion thereof) $ 7.50
Week (per block or portion thereof) $ 31.25
If applied for after obstruction closure has begun
(c) Short term, temporary lane closure of less No fee
than four hours
(d) Lane closures longer than four hours duration
(or if between 7:00 a.m. and 9:00 a.m. or
between 3:30 p.m. and 6:00 p.m.)
Arterial/Collector/Distributor $. 60.00
Day (per block or portion thereof) $ 250.00
Week (per block or portion thereof)
Local/Residential $ 30.00
Day (per block or portion thereof) $ 100.00
Week (per block or portion thereof)
Parking lane/sidewalk $ 15.00
Day (per block or portion thereof) $ 62.50
Week (per block or portion thereof)
(7) Noise Ordinance 930.35 (a) With conditions added as required $ 25.00
Exemption (b) If applied for after violation $ 50.00
(8) Certification 705.03- All delinquent accounts $ 50.00
Charge 705.21
(9) NSF Check $ 50.00
Charge
BOLD represents added/amended fees
2
11 - 3
SECTION 4. FIRE SERVICES FEES
TYPE OF PERMIT SECTION DESCRIPTION FEE
OR LICENSE REQUIRING
(1) Fire Prevention 400.21- For initial fee required under code Per $ 60.00
Code 400.29 For each additional fee required under year
code $ 15.00
Penalty If not renewed within 2 months Per
of notification year $ 30.00
(2) Daycare/Adult $ 50.00
Foster Care
Facility
Inspection
(3) Reimbursement Per $ 250.00
Fee for Hour
Fire/Rescue Unit
(4) Sale of 1131 (a) License per location selling only Per $ 350.00
Consumer consumer fireworks Year
Fireworks (b) License per location of each other $ 100.00
retail seller Per
Year
SECTION 5. AMUSEMENT AND RECREATION LICENSES AND PERMITS
TYPE OF PERMIT SECTION DESCRIPTION FEE
OR LICENSE REQUIRING
(1) Arcade 1105 1 Year $ 442.00
(2) Amusement 1100.01 (a) Mechanical Amusement Device 1 Year $ 15.00
Device (Pinball) 1 Year $ 15.00
(b) Mechanical Music Box 1 Year $ 15.00
(c) Video Games
(3) Lawful Gambling 1100.13 Bingo, Tipboard, Paddle Wheel, Raffle,
Pull Tabs
(a) Lawful Gambling Permit
(those exempt from State Licensure) 1 Year $ 100.00
(State Statute 349.213)
(b) Lawful Gambling Investigative Fee 1 Year $ 100.00
(State Statute 349.16)
STATE LICENSE REQUIRED
(4) Itinerant Place of 1100.05- 1 day $ 237.00
Amusement 1100.11
(5) Public Dance 1110.03 For each day dances are held - $3 1 month $ 40.00
No fee for locations holding tavern
licenses.
BOLD represents added/amended fees
3
II -- W
SECTION 5. AMUSEMENT AND RECREATION LICENSES AND PERMITS (CONTINUED)
TYPE OF PERMIT SECTION
OR LICENSE REQUIRIN DESCRIPTION FEE
G
(6) General 1100.03 (a) Billiard, Pool or Pigeonhole table 1 Year $ 15.00
Amusement (each) 1 Year $ 15.00
1. Coin operated 1 Year $ 40.00
(b) Bowling Alley (per lane) 1 Year $ 191.00
(c) Circus 1 Day $ 191.00
(d) Dance Hall
(e) Golf 1 Year $ 45.00
1. Miniature 1 Year $ 45.00
2. Driving Tee 1 Day $ 182.00
(f) Mountback 1 Year $ 15.00
(g) Rides, mechanical/animal of any 1 Day $ 182.00
kind (ea) 1 Year $ 16.00
(h) Shows, any kind 1 Day $ 15.00
(i) Shuffleboard (each lane)
(j) Other games
(7) Musical Concert 1110.01 Per event $ 40.00
(8) Theatre Cinema 1120 Plus a notice publication fee 1 Year $ 185.00
$ 6.50
(9) Roller Rink 1115 1 year or portion thereof $ 185.00
(10) Commercial 605 1 Year $2,205.00
Adult-Oriented Investigation fee 1 Year $2,205.00
Enterprises
(11) Masseur/ 605 Certificate fee 1 Year $ 75.00
Masseuse Investigation fee 1 Year $ 185.00
(12) Public Baths 610 Investigation fee (actual cost 1 Year $2,553.00
minimum) $2,553.00
(13) Fortune Teller and 1130.05- 1 Day $ 148.00
related trade 1130.07 1 Week $ 441.00
1 Month $ 880.00
1 Year $1,470.00
(14) Adult 1196 Annual license 1 Year $2,204.00
Establishments Investigation fee (new license) $2,204.00
BOLD represents added/amended fees
4
II-5
SECTION 6. ANIMAL LICENSES AND PERMITS
TYPE OF PERMIT SECTION DESCRIPTION FEE
OR LICENSE REQUIRING
(1) Animals 905.01- (a) Animals (Spayed or Neutered) with 1 Year $ 15.00
905.29 option to purchase a multi-year
license 1 Year $ 25.00
(b) Animals (Not Spayed or Neutered $ 7.00
(c) Duplicate Animal License $ 10.00
(d) Late Penalty 1 Year $ 217.00
905.31- (e) Commercial Kennel 1 Year
( ) $ 164.00
905.33 (f) Residential Kennel $ 217.00
(g) Veterinary 1 Year $ 43.00
(h) Pigeons $ 30.00
905.37- (i) Non-domestic Animals (Temporary
905.39 Permit) $ 64.00
905.41 (j) Impounding (each animal) 1st time $ 127.00
905.01- 2nd Time $ 191.00
905.29 3rd time (each impound after)
$ 500.00
(k) Dangerous dog registration fee
(State Statute 347.51)
SECTION 7. VEHICLE AND TRANSPORTATION LICENSE AND PERMIT FEES
TYPE OF PERMIT SECTION DESCRIPTION FEE
OR LICENSE REQUIRING
(1) Aircraft 1340 1 Day $ 44.00
(2) Food Vehicle 615 (a) Bakery vehicle 1 Year $ 111.00
(b) Catering - for first food vehicle 1 Year $ 235.00
Second vehicle 1 Year $ 97.00
Each additional vehicle 1 Year $ 52.00
(c) Readily perishable (Same as (b)
above)
(3) Garbage and 601.01- Commercial and Residential
Refuse 601.33 First vehicle 1 Year $ 220.00
Collection Each additional vehicle 1 Year $ 47.00
(4) Motor Vehicle 1155 Per place of business 1 Year $ 330.00
Dealer Each additional place of business 1 Year $ 125.00
(5) Motor Bicycle 1160 Per place of business 1 Year $ 191.00
Business Per place of business to sell, rent or 1 Year $ 87.00
least
(6) Sound Truck 1165 Per vehicle 1 Year $ 191.00
Per Vehicle 1 Day $ 29.00
BOLD represents added/amended fees
5
SECTION 7. VEHICLE AND TRANSPORTATION LICENSE AND PERMIT FEES (CONTINUED)
TYPE OF PERMIT SECTION DESCRIPTION FEE
OR LICENSE REQUIRING
(7) Taxicab 1170 First vehicle or auto livery 1 Year $ 476.00
Each additional vehicle or auto livery
operated at any time within license 1 Year $ 59.00
period
(8) Taxicab Driver 1175 1 Year $ 45.00
(9) Rental or Utility 1185 Each place of business 1 Year $ 87.00
Trailers and
Trucks
SECTION 8. COMMERCIAL BUSINESS AND TRADE LICENSES AND PERMITS
TYPE OF PERMIT SECTION DESCRIPTION FEE
OR LICENSE REQUIRING
(1) Firearms Dealer 920.01- 1 Year $1,470.00
920.05
(2) Itinerant Food 615 Per $ 118.00
Establishment Event
(3) Retail Candy 615 First facility 1 Year $ 118.00
Shop Each additional on same premises 1 Year $ 29.00
(4) Food 615 (a) Retail or Wholesale Food Sales 1 Year $ 311.00
Establishment (Grocery)
(b) Restaurant (Prepackaged food only 1 Year $ 311.00
sold for consumption)
(c) Restaurant (Prepared food sold for 1 Year $ 581.00
consumption) See fee
(d) Plan Review Fees: schedule at end
of Section 8
(e) Additional Food Facilities
(Baked goods, meat, produce, Each $ 40.00
microwave ovens)
(5) Vending 615 (a) Food vending machine requiring
Machine coin or token (excepting those
machines dispensing bottled or 1 Year $ 15.00
canned soft drinks)
(b) Other food vending machines
(excepting those dispensing bottled 1 Year $ 15.00
or canned soft drinks) 1 Year $ 15.00
(c) Ice vending machine
BOLD represents added/amended fees
6
II-1
SECTION 8. COMMERCIAL BUSINESS AND TRADE LICENSES AND PERMITS (CONTINUED)
TYPE OF PERMIT SECTION DESCRIPTION FEE
OR LICENSE REQUIRING
(6) Automobile 1125 Per calendar year or fraction thereof $ 148.00
Washing
Establishment
(7) Scavenger 600.25 Each vehicle 1 Year $ 44.00
Permit fee for opening cesspool or
dumping contents of each cesspool into $ 21.00
City sewer
(8) Incinerator 600.01- 1 Year $ 44.00
600.23
(9) Tobacco 1146.01(MS Retail Sale and Distribution - License $ 368.00
461.12) issued on calendar year (cigarette
vending machines prohibited) (Bill No.
1998-19)
(10) Soft drink 1145.01 (a) Cans, bottles from shelf or cooler, $ 30.00
fountain service
(b) Vending machine dispensing bottles -0-
or cans
(c) Other vending machines
Per year or fraction thereof $ 30.00
Per each additional machine $ 30.00
(11) Transit 1181.01- 1 Day $ 94.00
Merchant 1181.09
(12) Wagon Peddler 1181 1 Year $ 221.00
(13) State hawker or 1181 6 month/per person covered $ 54.00
Peddler license
(14) Canvasser or 1181 6 month/per person covered $ 54.00
Solicitor
(15) Christmas Tree 1130.03 1 Year $ 119.00
Sale
(16) Motel 1190 First Unit $ 206.00
Per year each additional unit $ 14.00
(17) Outdoor 1135 Permit $ 93.00
Merchandising
(18) Storage 1135 Per Enclosure $ 80.00
Enclosure
BOLD represents added/amended fees
7
I
SECTION 8. COMMERCIAL BUSINESS AND TRADE LICENSES AND PERMITS (CONTINUED)
TYPE OF PERMIT SECTION DESCRIPTION FEE
OR LICENSE REQUIRING
(19) Pawnbroker 1187 (a) Pawnbroker 1 Year $3,832.00
(b) Owner investigation fee 1 Year $2,203.00
(nonrefundable) 1 Year $ 797.00
(c) Manager investigation fee
(nonrefundable) 1 Year $ 77.00
(d) Employee investigation fee
(nonrefundable) $ 2.00
(e) Transaction fee - per transaction
(20) Secondhand 1186 (a) Secondhand Goods Dealer 1 Year $ 420.00
Goods Dealer (b) Initial investigation fee
(nonrefundable) actual costs in
excess of above with total not $1,762.00
exceeding
Applicant shall deposit $1200.00 with
Licensing Clerk along with application.
Amount in excess of actual application
costs shall be refunded.
(21) Auto Detailing 1195.01 1 Year $ 328.00
Establishment
(22) Tattoo, Body 630 (a) Tattoo, body piercing, body painting
Piercing, Body or body branding 1 Year $ 734.00
Painting or (b) Initial investigation fee 1 Year $2,203.00
Body Branding (nonrefundable)
(23) Temporary 630 Per booth $ 44.00
Tattoo, Body
Piercing, Body
Branding and
Body painting
events
(24) Massage 1188 Annual license 1 Year $ 733.00
Therapy Investigation fee (new license) $ 733.00
Enterprise
License
(Business Annual license 1 Year $ 75.00
license) Investigation fee (new license) $ 75.00
Massage Therapist
License (Individual Per temporary location $ 147.00
license)
Temporary Massage
Therapist License
(25) Public 420.10 1st Pool $ 125.00
Swimming Pool Each Additional $ 67.00
License
BOLD represents added/amended fees
8
11—q
SECTION 8 COMMERCIAL BUSINESS AND TRADE LICENSES AND PERMITS (CONTINUED)
PLAN REVIEW FEE FOR FOOD, THERAPEUTIC MASSAGE AND LODGING
PERCENTAGE OF FACILITY INVOLVED WILL BE DETERMINED BY STAFF
Definitions:Class A - Large restaurant or large grocery store that employs more than four
people per shift, and/or has multiple supplemental licenses (i.e., bar, bakery,
deli, meat department, etc.)
Class A (Fast Food) — Counter service only and/or drive through window and
warehouses.
Class B — Daycare, pet shops, retail candy, prepackaged food only.
Class C Small grocery/restaurants with four or less employees per shift and
health clubs.
Environmental plan review — includes the physical remodeling, updating, equipment
replacement, equipment additions and the general overall review of all plans/work. This
also includes all new development projects.
New Construction Extensive Minor Remodel Non-remodel
and/or Major Remodel (25- (0-24% of approval
Remodel (over 50% of facility) consultation
50% of facility facility) ($5,000 or
involved) less in costs)
Class A (large $2,343 $1,221 $659 $112
restaurant or
grocery)
Class A (fast food $1,614 $883 $490 $112
and warehouses)
Class C (food $883 $491 $293 $112
facilities with 4 or
less employees per
shift and health
clubs)
Class B (daycares, $433 $169 $84 No fee
grocery, pet shops,
retail candy)
Class B New project or Minor remodel
(prepackaged food change of owner- — permit but no
only) $112 plan check fee
Therapeutic $112 $112 $112 $112
Massage
Lodging $1,952 $1,051 $548 $112
BOLD represents added/amended fees
9
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SECTION 9. LIQUOR AND RELATED LICENSE AND PERMIT FEES
TYPE OF PERMIT SECTION DESCRIPTION FEE
OR LICENSE REQUIRING
(1) 3.2 Malt Liquor 1202.05 (d) On-Sale 1 Year $ 810.00
(e) Tavern (dance) 1 Year $ 662.00
(f) Wholesale 1 Year $ 40.00
(g) Off-Sale 1 Year $ 235.00
(h) Club (Bottle Club) 1 Year $ 535.00
(i) Temporary per event $ 59.00
(2) Liquor 1202.05 (a) On-Sale 1 Year $13,358.00
(b) Sunday (Fee set by state law) 1 Year $ 200.00
(c) Wine 1 Year $1,178.00
(d) Veterans' Organization (Ex- 1 Year $ 766.00
Sunday) per event $ 121.00
(e) Temporary
(3) Employee 1208.01 Effective 10/1/95 all licenses issued $ 33.00
License On-Sale shall be valid for a period of two years
Liquor from the date of initial application
Establishments
(4) Investigation Fee 1202.01- (a) On-Sale liquor including Veterans' $ 732.00 and
1202.21 Organization each person shown on
application actual costs in excess of
above
Each additional investigation for
each person not listed on original or
renewal application $ 219.00
(b) Wine - Original Application initial $ 406.00 and
1202.11 Fee actual costs in excess of above
with total fee not to exceed $ 3,096.00
Renewal Application Initial Fee $ 91.00 and
actual costs in excess of above
with total cost not to exceed $ 3,096.00
Additional Investigation under 1200.09 $ 180.00 and
1202.11 Subd. 3 not to exceed $3,096.00
Investigation of substitute manager $ 91.00
BOLD represents added/amended fees
10
11- II
SECTION 10. HOUSING INSPECTION AND RENTAL LICENSE FEES
TYPE OF PERMIT SECTION
OR LICENSE REQUIRING DESCRIPTION FEE
(1) License for 405 (a) Apartment House 1 Year $ 140.00
Apartment Each unit $ 14.00
Houses and (b) Rental Home - single family dwelling 1 Year $ 140.00
Rental Homes (c) Duplexes/double bungalows
First unit 1 Year $ 140.00
Each additional rental unit 1 Year
Eac $ 85.00
(d) Late Fee $ 100.00
$100 penalty for each month or per month
portion thereof during which said fee
remains unpaid.
(e) License Transfer Fee $ 40.00
(f) Reinstatement of suspended license
50% of license fee (minimum $80)
(g) Reinstatement of Revoked license
100% of license fee
(h) Re-Inspection Fee
1. multi-family $ 80.00 ea.
2. single family & duplex $ 50.00 ea.
(Inspection over standard 2
inspections)
Reinspection fees shall be payable
at the time of license renewal and
no renewal license shall be issued
unless all inspection fees are paid 1 Year
(i) Provisional license for apartment $ 280.00
house
Includes first unit $ 30.00
Each additional unit
Provisional license for Rental Home- $ 280.00
single family dwelling
Provisional license for duplex $ 280.00
First unit $ 170.00
Each additional unit $ 200.00
(j) Investigation fee for operating a
rental property without a license
(2) Certificate of 405.26 Single family home (includes one reinspection) $ 150.00
Housing 2-family home (includes one reinspection) $ 230.00
maintenance
Compliance Reinspection Fee $ 50.00
Fee to process cash escrow agreement $ 50.00
(3) Permit Fee for 405.19 1 Year $ 170.00
Rooming House
BOLD represents added/amended fees
11
II — IX
SECTION 11. MISCELLANEOUS FEES
TYPE OF PERMIT SECTION DESCRIPTION FEE
OR LICENSE REQUIRING
(1) Permit to reside 1190 In motel for more than six months $ 17.00
(2) Permit to Carry a Permit Issued By County
Gun
(3) False Alarms (a) in excess of 2 for calendar year $ 100.00
(billable) (b) in excess of 10 for calendar year $ 200.00
(c) in excess of 20 for calendar year $ 300.00
(4) Nuisance 925 Third call to a property for nuisance $ 250.00
Conduct Fee conduct within a 365-day period
(5) Copying Flat rate (per page) $ .25
Services Special rate
Provided (a) Black & White Photocopy rate
8.5 x 11 (per side) $ .25
8.5 x 14 (per side) $ .25
MN Statute 13.03C
11 x 17 (each) $ .50
24 x 36 (each) $ 2.50
X-large $ 2.50
Color Photocopy rate
8.5 x 11 (per side) $ 1.00
8.5 x 14 (per side) $ 2.00
11 x 17 (each) $ 4.00
24 x 36 (each) $ 18.00
X-Iarge $ 3.00sq./ft.
(b) Labor hourly wage &
33%
(c) Postage prevailing rate
(d) Fax per page $ .50
(e) Audio tape of meeting (per tape) $ 5.00
(f) Video tape of meeting (per tape) $ 15.00
(g) Electronic copies (cd or disk) $ 5.00
(h) As builts (per image) $ .50
(6) Notary Fee Fee Set By State
(7) Candidate Filing City Charter $ 25.00
Fee 4.04
(8) Photo Fee Includes 2 photos $ 16.00
including tax
BOLD represents added/amended fees
12
Il- 13
SECTION 11. MISCELLANEOUS FEES (CONTINUED)
TYPE OF PERMIT SECTION DESCRIPTION FEE
OR LICENSE REQUIRING
(9) Special Assessment Search $15.00 per Property
Assessments Identification
Number (PID)
Levied or Pending Special $30.00 for each
Assessment Report report
Plus $.05 for each
PID Number
Creation of New or Special Report $25.00 minimum
fee. Fees to be
based on time and
materials to create
report
Listing Information Printout of PID $3.00 per PID
Listing Number
Review of Comparable Property $ .25 per copy for up
Records to five comparable
Residential Field Card Report properties
Commercial/Industrial/Apartment Field $2.00 per copy
Card Report
Certified Card Report $3.00
Copy of Certificate of Real Estate $ .25
Value
(10) Domestic 120 Registration $30.00
Partnership
(11) Certified copy of To certify documents i.e. resolutions, $5.00 per copy
various documents ordinances, minutes, registration
forms, etc. on file
13
I I —
11. MISCELLANEOUS FEES (CONTINUED)
(12) Vacant Building 925 Single Family Home or Duplex- $100
Registration Fee Vacant less than one year.
Single Family Home or Duplex - $200
Vacant one year or longer.
Any other type of property of less than $500
20,000 square feet in building size
AND less than 1 acres of lot size -
Vacant less than one year.
Any other type of property of less than $1,000
20,000 square feet in building size
AND less than 1 acres of lot size -
Vacant one year or longer.
Any other type of property larger than $1,250
20,000 square feet in building size OR
more than 1 acres of lot size -
Vacant less than one year.
Any other type of property larger than $2,500
20,000 square feet in building size OR
more than 1 acres of lot size -Vacant
one year or longer.
BOLD represents added/amended fees
14
II- IC
SECTION 12. ROOM AND PARK SHELTER RENTAL FEES
FEE
LOCATION DESCRIPTION FEE
CLASSIFICATION
Richfield City Hall Council Chambers Non-Profit Weekend: $72.00/Hr
Weekday: $49.00/Hr
Resident Weekend: $72.00/Hr
Private Weekday: $62.00/Hr
Non-Resident Weekend: $82.00/Hr
Private Weekday: $72.00/Hr
Richfield Community Center Augsburg Room Non-Profit Saturday: $54.00/Hr
Weekday: $27.00/Hr
Resident Saturday: $54.00/Hr
Private Weekday: $32.00/Hr
Non-Resident Saturday: $59.00/Hr
Private Weekday: $37.00/Hr
Richfield Community Center Nicollet Room Non-Profit Saturday: $54.00/Hr
Weekday: $27.00/Hr
Resident Saturday: $54.00/Hr
Private Weekday: $32.00/Hr
Non-Resident Saturday: $59.00/Hr
Private Weekday: $37.00/Hr
Richfield Community Center Combined Non-Profit Saturday: $96.00/Hr
Nicollet/Augsburg Weekday: $49.00/Hr
Resident Saturday: $96.00/Hr
Private Weekday: $62.00/Hr
Non-Resident Saturday $106.00/Hr
Private Weekday: $72.00/Hr
Richfield Community Center Richfield Room Non-Profit Saturday: $72.00/Hr
Weekday: $49.00/Hr
Resident Saturday: $72.00/Hr
Private Weekday: $62.00/Hr
Non-Resident Saturday: $82.00/Hr
Private Weekday: $72.00/Hr
Richfield Community Center Ruth Johnson Room Non-Profit Saturday: $32.00/Hr
Weekday: $27.00/Hr
Resident $ 32.00/Hr
Private
Non-Resident $ 37.00/Hr
Private
15
I 10
SECTION 12. ROOM AND PARK SHELTER RENTAL FEES (CONTINUED)
Richfield Community Center Fireside Room Non-Profit $ 27.00/Hr
Resident $ 32.00/Hr
Private
Non-Resident $ 37.00/Hr
Private
Wood Lake Nature Center Auditorium Non-Profit $ 31.00/Hr
Resident $ 41.00/Hr
Private
Non-Resident $ 46.00/Hr
Private
Augsburg Park Park Buildings Resident $ 25.00/Hr
Christian Park $21.00/Hr (3+Hrs)
Donaldson Park-East
Jefferson Park Non-Resident $ 30.00/Hr
Madison Park $26.00/Hr (3+Hrs)
Taft Park-North
Washington Park
Fairwood Park Open Picnic Shelters Resident $ 20.00/Hr
Monroe Park $17.00/Hr (3+Hrs)
Augsburg Park
Non-Resident $ 25.00/Hr
$22.00/Hr (3+Hrs)
Sheridan Park Open Picnic Shelter Resident $ 23.00/Hr
$20.00/Hr (3+Hrs)
Non-Resident $ 27.00/Hr
$24.00/Hr (3+Hrs)
Veterans Park Open Picnic Shelter Resident 1 Section: $ 91.00
Day: 4 Hour Block 2 Sections: $165.00
3 Sections: $232.00
Non-Resident 1 Section: $ 99.00
2 Sections: $178.00
3 Sections: $250.00
Veterans Park Open Picnic Shelter Resident 1 Section: $ 68.00
Evening: 3 Hour Block 2 Sections: $122.00
3 Sections: $171.00
Non-Resident 1 Section: $ 73.00
2 Sections: $133.00
3 Sections: $190.00
16
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SECTION 12. ROOM AND PARK SHELTER RENTAL FEES (CONTINUED)
FEE
LOCATION DESCRIPTION FEE
CLASSIFICATION
Athletic Fields Baseball/Softball Fields Category A Renters Weekday: No fee
Weekend: No Fee,
only applicable staff
costs
Category B Renters
1- 2 hours Weekday: $ 32.50/Hr
Weekend: $ 32.50/Hr
+ applicable staff
Category B Renters costs
2 hours $ 32.50/Hr
4 hours $ 65.00/Hr
8 hours $ 80.00/Hr
Add'I hours over 8 $ 32.50/Hr
Tennis Courts Augsburg, Christian, $ 4.50/Hr
Donaldson, Fairwood,
Jefferson, Heredia,
Madison, Nicollet,
Roosevelt, and
Washington Parks.
Athletic Facility Light Use Softball Fields Athletic Facility Light
Use
Baseball Fields
Football/Soccer
Field
Tennis Courts
BOLD represents added/amended fees
Passed by the City Council of the City of Richfield this 14th day of June, 2011.
Debbie Goettel Mayor
ATTEST: •
Nancy Gibbs City Clerk
IIII
17