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042412completeagenda CITY OF RICHFIELD, MINNESOTA TUESDAY, APRIL 24, 2012 RICHFIELD MUNICIPAL CENTER 6700 PORTLAND AVENUE REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 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) Regular City Council Meeting of April 10, 2012 PRESENTATION 1. Presentation of Certificates of Appreciation to Miss Richfield Ambassadors and Junior Ambassadors (Council Memo No. 45 ) COUNCIL DISCUSSION 2. Council discussion • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 3. Council approval of agenda CONSENT CALENDAR 4. 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 on these items 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 resolution executing membership in Joint and Cooperative Public Safety Purchasing Consortium S.R. No. 75 B. Consideration of approval of resolution allowing Richfield Department of Public Safety to accept grant monies from U.S. Department of Justice, Office of Justice Programs, Justice Assistance Grant program S.R. No. 76 C. Consideration of approval of resolution affirming monetary limits on statutory municipality tort liability S.R. No. 77 Notes: 5. Consideration of item(s), if any, removed from Consent Calendar Notes: OTHER BUSINESS 6. Consideration of advertisement of bids for construction of fiber optic network to connect Wood Lake Nature Center, Lyndale Liquor Store and Wine & Spirits Liquor Store to City's existing fiber optic network Staff Report No. 78 Notes: CITY MANAGER'S REPORT 7. City Manager's report Notes: 8. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are 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: 9. Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. richfield: May 2012 Page 1 of 1 City of Richfield Calendar Calendars Net Navigate: 2011 Jan Feb Mar Air May Jun Jul Aua Sep Nov Dec 2013 May 2012 Monday Tuesday Wednesday Thursday Friday 30 I Apr 1 I May 2 3 4 11:30a Tourism 7:OOp Transportation 7:OOp Arts Commission Promotion Board @ Commission @ 6335 Portland Ave 6601 Lyndale Ave,Suite 106 6:30p Human Rights Commission 7 8 9 10 1.1 5:45p Special City Council Worksession 7:OOp City Council Regular Meeting 14 15 16 17 18 7:OOp Community 4:30p-7:OOp Unity in the Services Commission @ Community at Veterans 7000 Nicollet Ave Memorial Park 7:OOp Friendship City Commission CANCELED 21 22 23 24 25 6:OOp Advisory Board of 6:OOp Special City SATURDAY,MAY 26 Health Council Worksession 9:30 a.m.-10:30 a.m. 6:OOp Special 7:OOp City Council Mayor's Hour-Farmer's Concurrent HRA/ Regular Meeting Market City Council/Planning Commission Worksession 7:OOp Housing and Redevelopment Authority(HRA) 28 29 30 31 1 I Jun 7:OOp Planning Commission CITY ADMINISTRATIVE SATURDAY,JUNE 2 OFFICES CLOSED- 9 AM to 1 PM MEMORIAL DAY RICHFIELD MUNICIPAL CENTER BUILDING DEDICATION Display: Year Month Week l2a_y Block List Condensed Abs Slide Calendars: Search Add Events: Daily Duration Periodic Administer: This Calendar All meetings held at City Hall(6700 Portland Avenue) unless indicated otherwise Calendars Net free online interactive web calendars http://www.my.calendars.netlrichfield/d01/05/2O12?display=M&style=B&positioning=A 4/19/2012 CITY COUNCIL MEETING MINUTES ,eel Richfield, Minnesota G Regular Meeting April 10, 2012 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:01 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Tom Fitzhenry; Pat Elliott, Sue Sandahl; and Fred Wroge. Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Todd Sandell, Acting Public Safety Director; Jim Topitzhofer, Recreation Services Director; Pam Dmytrenko, Assistant City Manager; Corrine Heine, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM Lois Howard, 6305 Thomas Avenue, questioned general tax increment financing (TIF) in Richfield and expressed concerns about low income housing. City Manager Devich explained "pay-as-you-go"TIF and the developer's responsibility. Camillo DeSantis, 6508 Newton Avenue, spoke in support of Pillsbury Commons for workforce housing. John Sieberz, 6434 Washburn Avenue, expressed concern that Pillsbury Commons would remain affordable housing. Steph Miller, 6804 James Avenue, questioned the strategy of the City Council, HRA, and Planning Commission and the use of TIF. Debra Rogers, 7424 First Avenue, stated she did not agree with the Pillsbury Commons project due to traffic concerns. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. Council Meeting Minutes -2- April 10,2012 APPROVAL OF MINUTES MNVroge, S/Sandahl to approve the minutes of(1) Special City Council Worksession of March 27, 2012 and (2) Regular City Council Meeting of March 27, 2012. Motion carried 5-0. Item #1 PRESENTATION OF PROCLAMATION DESIGNATING EARTH DAY/ARBOR MONTH • Mayor Goettel presented a proclamation designating Earth Day/Arbor Month to Recreation Services Director Topitzhofer. Item #2 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Sandahl announced the April 27 Friends of Wood Lake Benefit Dinner. Council Member Fitzhenry invited Dave Dahl, 7514 Third Avenue, to address the City Council regarding having a flea market in Richfield. Recreation Services Director Topitzhofer discussed potential locations for the event and that he will bring it to the Community Services Commission for consideration. Council Member Fitzhenry announced the Purple Heart for Military Kids event sponsored by the Beyond the Yellow Ribbon Campaign. Mayor Goettel announced her Mayor's Hour will be on April 21, not April 28. Item #3 COUNCIL APPROVAL OF AGENDA MNVroge, S/Elliott to approve the agenda. Motion carried 5-0. Item #4 CONSENT CALENDAR A. Consideration of approval of resolution opposing closure of Division IV Southdale Courthouse of Fourth Judicial District S.R. No. 67 RESOLUTION NO.10642 RESOLUTION IN OPPOSITION TO THE PROPOSED CLOSURE OF THE DIVISION IV SOUTHDALE COURTHOUSE OF THE FOURTH JUDICIAL DISTRICT This resolution appears as Resolution No. 10642. Council Meeting Minutes -3- April 10,2012 B. Consideration of approval of resolution accepting anonymous donation of$100 to Richfield Police S.R. No. 68 RESOLUTION NO.10643 RESOLUTION ALLOWING THE RICHFIELD PUBLIC SAFETY DEPARTMENT/POLICE TO ACCEPT MONEY ORDER FOR$100 FROM AN ANONYMOUS DONOR This resolution appears as Resolution No. 10643. C. Consideration of approval of resolution authorizing joint powers agreement between State of Minnesota acting through Department of Public Safety, Bureau of Criminal Apprehension and City of Richfield on behalf of its Housing and Redevelopment Authority S.R. No. 69 RESOLUTION NO.10644 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF RICHFIELD ON BEHALF OF ITS HOUSING AND REDEVELOPMENT AUTHORITY AND PUBLIC SAFETY DEPARTMENT This resolution appears as Resolution No. 10644. M/Goettel, S/Sandahl to approve the Consent Calendar. Motion carried 5-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item#6 PUBLIC HEARING REGARDING RESOLUTION GRANTING FINAL APPROVAL OF PLAT FOR LAND LOCATED AT 6501 AND 6525 LYNDALE AVENUE (LYNDALE STATION) S.R. NO. 70 Council Member Wroge presented Staff Report No. 70. MNVroge, S/Fitzhenry to close public hearing. Motion carried 5-0. M/Wroge, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10645 RESOLUTION GRANTING FINAL APPROVAL OF A PLAT FOR 6501 AND 6525 LYNDALE AVENUE (LYNDALE STATION) Motion carried 5-0. This resolution appears as Resolution No. 10645. Council Meeting Minutes 4- April 10,2012 Item#7 CONSIDERATION OF RESOLUTION GRANTING SITE PLAN APPROVAL FOR GENERAL OFFICE AND WAREHOUSE USE AT 6328 PENN AVENUE S.R. NO. 71 Council Member Elliott presented Staff Report No. 71. Dave Halsey, Fraser representative, stated a parking agreement had been reached. M/Elliott, S/Wroge that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10646 RESOLUTION GRANTING APPROVAL OF A SITE PLAN FOR 6328 PENN AVENUE Motion carried 5-0. This resolution appears as Resolution No. 10646. Item#8 CONSIDERATION OF RESOLUTION APPROVING CONTRACT WITH INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215 FOR PERIOD JANUARY 1, 2012 THROUGH DECEMBER 31, 2012 S.R. NO. 72 Council Member Fitzhenry presented Staff Report No. 72. M/Fitzhenry, S/Wroge that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10647 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 1215 BARGAINING UNIT FOR THE YEAR 2012 Motion carried 5-0. This resolution appears as Resolution No. 10647. Item#9 CONSIDERATION OF CONTRACT WITH SPOHN RANCH SKATEPARKS TO DESIGN AND BUILD TIER ONE SKATEBOARD FACILITY IN AUGSBURG PARK IN AMOUNT OF $85,250 PLUS SALES TAX S.R. NO. 73 Mayor Goettel presented Staff Report No. 73. Recreation Services Director Topitzhofer explained the costs of the separate contracts and funding. He added the basketball court adjacent to the skatepark is intended to be abandoned because it is not a compatible use. City Attorney Heine explained the City is serving as the independent contractor and hiring separate contractors to do certain work. M/Goettel, S/Wroge to approve contract with Spohn Ranch Skateparks to design and build tier one skateboard facility in Augsburg Park in the amount of$85,250 plus sales tax. Council Meeting Minutes -5- April 10,2012 Motion carried 5-0. Item #10 CITY MANAGER'S REPORT The April 16 City Council/HRA/Planning Commission worksession to discuss the findings of the Rental Housing Study would begin at 7:30 p.m. due to scheduling conflicts with Council Members. City Manager Devich provided an update on the Richfield Post Office parking issues. Assistant City Manager Dmytrenko reported on the June 2 Municipal Center building dedication event. Item#9 CLAIMS AND PAYROLLS M/Wroge, S/Sandahl that the following claims and payrolls be approved: U.S. Bank 04/10/12 A/P Checks: 211874-212146 $ 973,293.78 Payroll: 82706-83022 $ 552,870.22 TOTAL $ 1,526,164.00 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:24 p.m. Date Approved:April 24, 2012 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager April 19, 2012 Council Memorandum No. 45 The Honorable Mayor and Members of the City Council Subject: Miss Richfield Ambassador Recognition (Council Agenda Item No. 1) Council Members: This year there are 16 candidates for Miss Richfield Ambassador and 8 candidates for Richfield Junior Ambassador. The coronation is scheduled for Thursday, July 5 at 6 p.m. in the Richfield High School auditorium. The attached biographies were provided by the Richfield Ambassador Committee. Certificates of Appreciation will be presented to current royalty and this year's candidates at the April 24, 2012 City Council meeting. R- -•�- •• ull submitted, 0 4, / 1 ,,, - ---n L. 'evich City Manager SLD:tjs Attachment E-mail: Department Directors Assistant to the City Manager 2011-2012 Richfield Ambassadors Molly Coughlin is currently a senior at Richfield Senior High School. Through out high school, Molly was involved in Student Government, Theater, LEGO, Nordic Skiing, French Club, Volleyball, German Club and Marching Band. Next year, she will be attending the University of St. Thomas to study combination of International Studies, Public Relations, German, French, and Spanish. She hopes to join the Peace Corps and eventually work at the UN or a US Embassy. Although eager to travel the world, Molly cannot think of any better place to live than Richfield and would like to thank Broadway Pizza for sponsoring her during her candidacy. Michele Heinecke is a 2011 graduate of Richfield High School. She is currently attending the University of Wisconsin Eau Claire where she is studying athletic training. Michele has lived and gone to school in Richfield her whole life. She loves swimming, cooking, and working with kids. Michele has been involved in the Richfield Ambassador program since 2001 when she was Little Miss Richfield. She is excited to spend this year representing Richfield as a 2011-2012 Richfield Ambassador. Eylani Sanchez is currently a senior at Richfield High School. Through out school, Eylani was involved in Volleyball, Cheer leading, Gymnastics, and Softball. She was also involved with Que Onda and Fuerza Juvenil where she worked and helped out her peers in becoming better people. Next year, she will be attending Normandale Community College to study Social Working, Psychology, and Spanish. She plans to become a social worker to help other teens that are having difficulties in life and to better themselves. Eylani also enjoys spending time with her family and friends in her free time. She would like to thank Minnesota School of Business for sponsoring her during her candidacy. Tejas Ramanujam is 6 years old and a first grader at Richfield STEM School. He loves practicing karate chops on his dad, chases squirrels in the park and is an avid chess player. In his free time, he plays video games, noodles on his electric guitar and loves telling stories. He is super excited to be a Junior Ambassador and to represent Richfield. What he likes most about the program is riding on the float in parades and having fun with his ambassador sisters. Lorelei Schwab is 8 years old, a 2nd Grader at Calvin Christian School and has 1 brother, 2 sisters and a house full of various pets from a dog down to a hermit crab. She is involved in many sports including dance, soccer, and baseball. She is on the Alpine Jr. race team at Hyland Hills and is on the Southdale YMCA swim team. When she is older she wants to swim in the Olympics and then be a swim coach for the Olympic team. She likes everything about being a Richfield Jr. Ambassador, especially her 3 big sisters and her buddy Tejas. If she could 'defend' the crown this year, she most definitely would! 2012-2013 Richfield Ambassador Candidates Miranda Severson—Kelley is a senior at Richfield High School. Next year she plans to attend either Normandale Community College or MCTC. She is currently employed by Friendship Village, which is a retirement home in Bloomington. She enjoys singing, either in choir or just for fun, and getting lost in a good book while relaxing at home. Ninet Ayala is a junior at Richfield High School. She hopes to accomplish many things in the future, including graduating from college, traveling the world, learning another language and possibly opening up a photography company. Her interests are music, fashion, reading and writing. When she's not in school or working, she enjoys spending time with family and friends and attending church. Emily Blom, a junior at Richfield High School, is involved with the DECA marketing club and the Richfield Dance Team. She is also actively involved with several volunteer groups, including her church, Feed My Starving Children, Books for Africa and Bridging Inc. She has many plans for her future, including graduating from Hennepin Tech College, becoming a journalist and traveling to a variety of countries to share information to the world about the issues that are facing 3rd world countries. One day, she may even settle in Africa and start her own foundation for children. Andrea Camacho-Castillo is a junior at Richfield High School. After high school, she hopes to attend a community college to get a degree in communications and then pursue her education at a four-year university to major in business. Given her love for helping others, Andrea participates in multiple school activities and after school programs. Her mentality of working hard and staying focused is demonstrated by her participation in dancing and playing sports. Bailey Carlson is a senior at Richfield High School. Next year she will be attending the University of Wisconsin-Eau Claire, where she plans to double major in Chemistry and German and minor in Mathematics. Bailey is passionately involved in theatre, marching band, and Nordic skiing. She also enjoys art, biking, and studying German culture. Aleksandra Jeffrey, a graduate of Richfield High School in 2010, currently attends Normandale Community College. In the fall she will attend the University of Minnesota- Twin Cities to pursue a career in nursing. Helping her toward this goal, Aleksandra works at Fairview Ridges Hospital. She is passionate about helping others and working with children. Not only is she focused on school and work, Aleksandra is also dedicated to participating in Karate. Yesenia Lezama-Alvarado is a junior at Richfield High School. In school, Yesenia is involved in Student Government, AVID, and the Dance Team. After school, she hopes to pursue a career in nursing. She currently works at Sholom Alliances Community. One of her biggest passions is photography, which demonstrates her creativity. Estrella Soto is a junior at Richfield High School where she participates in Track and Field, Cross Country, Choir and the Tapaires Dance team, which she serves the role as team captain. Her future is uncertain, but she knows she attend college after graduating from high school. Estrella loves volunteering, meeting and helping new people, and getting involved with her community. Mitzi Aguilar, a senior at Richfield High School, will attend Normandale Community College this fall. There she hopes to possibly study both Psychology and Photography. She is involved in several activities, including soccer, softball, and cheerleading. She is proud to be a peer educator for Que Onda, a program that educates people about safe sex and healthy relationships. Madison Andrews is a senior at Richfield High school where she is a member of National Honor Society and a leader on the tennis, Nordic skiing and golf teams. Her active lifestyle due to her involvement in sports has led her to pursue a career in Physical Therapy. In pursuit of this goal, she will attend the University of Minnesota- Twin Cities in the fall. Stephanie Chavez-Estrada participates in a long list of activities. These include choir, National Honors Society, Student Government, AVID, Richfield Police Multicultural Advisory Committee and Youth Action Crew. As a senior at Richfield High School, Stephanie is enrolled in honors college level courses but she has yet to decide where her educational pursuits will take her in the fall. She plans to attend a 4-year private university to earn a degree that allows her to help people in any way she can. Maki Love is a senior at Richfield High School. She is passionate about volunteering, which is evident in the project she has worked on with the Honors Mentor Connection, Capernaum (a Youth Life Group), and the Special Olympics. After graduation she hopes to attend Middlebury College to study International Studies with a concentration in African Studies. Along with that, she also wants to study either Political Science or Women and Gender Studies. Liliana Rodriguez is a junior at Richfield High School. Currently she is focusing on high school, but she dreams of one day becoming a radiologist to help cure cancer patients. She also participates in a youth group in Minneapolis and actively works with her local church to help elderly people with their daily needs. Her hobbies include cooking, shopping and reading books. Meron Senbeta, a senior at Richfield High School, strives to help people, but especially kids. This may explain her ambition to one day become a Pediatrician. She is passionate about volunteering and wants to make a difference in everything she does. Sarah Catcher is a junior at the Academy of Holy Angels. In school, she participates in the Drama Club, Service Club and Admissions Team. She is also involved in Praise group, which is a choir that sings at school masses, prayer services and concerts, and she is in the choir and band at her church. She enjoys sewing, scrapbooking, writing, and she especially loves to read. Sarah Fitzpatrick is a senior at Richfield High School. Her future holds a wishful career in country music, but in reality she hopes to become either an elementary school teacher of a radio host. She loves singing, playing guitar, and writing music and is proud to say she has performed in front a live audience. She enjoys volunteering, and has logged many hours as an escort at Abbott Northwestern Hospital. 2012-2013 Richfield Jr. Ambassador Candidates Taya Bartelle, the daughter of Keely Beck and Tal Bartelle, is in 2nd grade at Blessed Trinity Catholic School in Richfield. Her favorite thing about the 4th of July is the parade and the carnival. She would like to be a Junior Ambassador because she thinks it would be fun to represent Richfield and learn about other cities. Taya's favorite place in Richfield is the Richfield Pool because she likes to swim and spend the day there. Shelby Bolar,the daughter of Glen and Judy Bolar, is in 2nd grade at Blessed Trinity Catholic School in Richfield. Her favorite thing about the 4th of July is watching the fireworks in her front yard with all of her neighbors and friends, going to the parade and having people over for a picnic. She would like to be a Junior Ambassador because she would like the chance to represent Richfield and meet new people from different cities. Shelby's favorite place in Richfield is Veteran's Park because she likes to ride her bike and take her dogs for walks there. Adeline Carson,the daughter of Troy and Sara Carson, is in 2nd grade at Seven Hills Classical Academy in Bloomington. Her favorite thing about the 4th of July is spending time with her family and doing lots of fun things. She would like to be a Junior Ambassador because she thinks it sounds fun and she would like to meet new people. Adeline's favorite place in Richfield is Target because it is close to her house and she likes going shopping there. Keyma Harris, the daughter of Tyree and Leah Harris, is in Kindergarten at the Richfield S.T.E.M. School. Her favorite things about the 4th of July are going to the parade and watching the fireworks. She would like to be a Junior Ambassador because she likes crowns. Keyma's favorite place in Richfield is her dance studio because she likes to dance. Holland Juell,the daughter of Dustin and Kazia Juell, is in 2nd grade at the Richfield Dual Language School. Her favorite thing about the 4th of July is spending time with her family. She would like to be a Junior Ambassador because she would like to help people in her city. Holland's favorite place in Richfield is her school because she likes to do math. Mara Lien,the daughter of Dennis and Leslie Lien, is in 2nd grade at Sheridan hills Elementary School in Richfield. Her favorite thing about the 4th of July is going to the parade and watching the fireworks. She would like to be a Junior Ambassador because she would like to learn more about the city she lives in. Mara's favorite place in Richfield is the Augsburg Library because she loves books and she loves to read. Ariana Navarro,the daughter of Felipe and Joleen Navarro, is in 2nd grade at Sheridan Hills Elementary School in Richfield. Her favorite thing about the 4th of July is watching the fireworks and celebrating America. She would like to be a Junior Ambassador because she enjoys helping the community, helping the environment and meeting new friends. Ariana's favorite place in Richfield is Sheridan Hills Elementary because that is where she goes to school, and she loves to learn. Ariana Wolterstorff, the daughter of Rik and Laura Wolterstorff, is in 1st grade at the Richfield Dual Language School. Her favorite thing about the 4th of July is our city's celebration, going to the parade, and watching the fireworks. She would like to be a Junior Ambassador because being an ambassador is a way of having fun. Ariana's favorite place in Richfield is her home and swimming at the Richfield Pool. AGENDA SECTION: CONSENT AGENDA ITEM# 4A REPORT# 75 STAFF REPORT RICHFIELD CITY COUNCIL MEETING APRIL 24, 2012 REPORT PREPARED BY: WAYNE KEWITSCH,FIRE CHIEF Mita TITLE DEPARTMENT DIRECTOR El REVIEW: 1' '. � .iJWA ----" Wr P : r REVIEWED BY CITY MANAGER: /`mo d I_- i ITEM FOR COUNCIL CONSIDERATION: Council approval of resolution authorizing the City to execute membership in the Joint and Cooperative Public Safety Purchasing consortium. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the City to enter into a Joint Powers Agreement for Joint and Cooperative Public Safety Purchasing. II. BACKGROUND In 2009 the cities of several Minnesota cities joined together to form a joint purchasing group under the auspices of a Joint Powers Agreement(JPA) pursuant to Minnesota Statutes 471.59 which authorizes the joint and cooperative exercise of governmental powers to contracting parties. This JPA has been very successful in achieving economies of scale relative to the purchasing of public safety equipment (primarily fire service equipment) and has saved each member significant time, effort and money related to departmental purchases. III. BASIS OF RECOMMENDATION A. POLICY • The Fire Department purchases equipment items on an ongoing basis that have significant cost. Examples include structural firefighting 042412 Resolution to join the Public Safety Purchasing Joint Powers Agreement turnout gear and self contained breathing apparatus. The JPA has done significant work to negotiate better pricing on these items than what the Fire Department can obtain on their own. • The Joint and Cooperative Agreement for Public Safety Purchasing requires cities that wish to join the JPA to adopt a resolution approving the Agreement. B. CRITICAL TIMING ISSUES • By joining the JPA, the Fire Department will be able to take advantage of pricing on equipment we are scheduled to purchase in 2012 and subsequent years. C. FINANCIAL • It is expected that the Fire Department will be able to receive better pricing on equipment that is scheduled to be purchased. D. LEGAL • The Agreement documents have been reviewed and approved by the City Attorney. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Council could disapprove executing this Joint Powers Agreement in which case the Fire Department would not be able to take part in advantageous pricing that has been negotiated by the JPA. V. ATTACHMENTS • Resolution. • Joint and Cooperative Agreement for Public Safety Purchasing. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION ADOPTING THE THIRD AMENDED AND RESTATED JOINT & COOPERATIVE AGREEMENT FOR PUBLIC SAFETY PURCHASING WHEREAS, the City of Richfield wishes to take advantage of cooperative purchasing opportunities where possible; and, WHEREAS, the Richfield Fire Department is scheduled to purchase items currently covered by this Agreement; and, NOW, THEREFORE, BE IT RESOLVED that the City of Richfield adopts the Third Amended and Restated Joint & Cooperative Agreement for Public Safety Purchasing. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of April 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 4 - a THIRD AMENDED AND RESTATED JOINT & COOPERATIVE AGREEMENT FOR PUBLIC SAFETY PURCHASING 1. Purpose This Agreement is made pursuant to Minnesota Statutes 471.59 which authorizes the joint and cooperative exercise of governmental powers common to contracting parties. The intent of this Agreement is to make available joint public safety purchasing and leasing to the governmental agencies who are parties to this Agreement. The intent of this agreement is to also replace and rescind the Amended and Restated Joint&Cooperative Agreement For The Acquisition and Use of SCBA executed and approved by the parties in March,April and May,2009, and the Second Amended and Restated Joint& Cooperative Agreement For The Acquisition and Use of Firefighting Equipment executed and approved by some or all of the parties in August and September 2010("Prior Agreements"). 2. Parties The initial parties to this Agreement are the cities of Bloomington,Brooklyn Park,Eden Prairie, Edina,Hopkins, Saint Louis Park, and Minnetonka, all of which are municipal corporations and subdivisions of the state of Minnesota.Additional governmental agencies may become parties to this Agreement by adopting a resolution approving this Agreement and sending an original execution page and a certified copy of the resolution to the secretary of the Operating Committee established below. The secretary of the Operating Committee must maintain a current list of the parties to this Agreement and must notify the contact person for each party whenever there is a change in the parties to this Agreement. 3. Operating Committee 3.1. Creation. There will be an Operating Committee(the"Committee")to administer this Agreement. The Committee will consist of one representative appointed by each of the parties to the Agreement. In the absence of a specific appointment, a party's representative will be its fire chief. Each member of the Committee is entitled to one vote. 3.2.Procedural Rules. The Committee must adopt procedural rules to govern its operations. Public Safety Purchasing Joint Agreement 24 a- 3 Page 2 3.3. Officers. The Committee will select from its members a chair to conduct meetings, a vice-chair to act in the place of the chair, and a secretary to keep the records of the Committee. 3.4. Powers,Duties. The Committee has the authority and responsibility to administer this Agreement on behalf of the parties and to take all necessary actions allowed by law to implement its terms. 4. Procedures 4.1.Acquisition. The Committee will take the necessary actions for obtaining contracts for the purchase or lease of public safety uniforms, supplies, equipment, and other items, and for contracting for services, as selected by the Committee. The Committee will comply with the Municipal Contracting Law, including the preparation of specifications and requests for proposals. The Committee will designate one of the member parties to act as the lead agency for selecting the contractor for a contract,based on the recommendation of the Committee. 4.2. Contract Terms. The contract with each selected contractor(the"Contract")must provide that each party to this Agreement will have the option to order items directly from each selected contractor and make payments directly to the contractor. No party will have any responsibility for paying for the items ordered by any other party. When appropriate,the Contract may include an option for the contractor to maintain and certify designated equipment. The Contract must provide the terms of payment to the contractor for this service. 4.3.Rules for Use. When appropriate,the Committee will establish rules and procedures for the parties' use of items acquired pursuant to this Agreement, including determining the responsibility for damage to, or loss of,the items. 5. Responsibility for Employees All persons engaged in the work to be performed by a party under this Agreement may not be considered employees of any other party for any purpose, including worker's compensation and other claims that may or might arise out of the employment context on behalf of the employees. All claims made by a third party as a result of any act or omission of a party's employees while engaged on any of the work performed under this Agreement are not the obligation or responsibility of any other party. Each party is responsible for injuries or death of its own Public Safety Purchasing Joint Agreement 14 4- 4 Page 3 personnel. Each party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing services under this Agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees,or volunteers. 6. Indemnification Each party agrees to defend, indemnify, and hold harmless the other parties against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the party and/or those of its employees or agents. Under no circumstances,however,may a party be required to pay on behalf of itself and another party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for two or more parties may not be added together to determine the maximum amount of liability for one party. The intent of this paragraph is to impose on each party a limited duty to defend and indemnify each other subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the parties and to permit liability claims against both parties from a single occurrence to be defended by a single attorney. 7. Duration This agreement will be in force from the date of execution by at least two parties and notification to the secretary of the Operating Committee. Any party may withdraw from this Agreement upon 30 days written notice to the other party or parties to the Agreement. Upon execution of all of the parties to the Prior Agreements,the Prior Agreements will terminate. 8. Execution A separate execution page is provided for each party. [Signature pages follow] Lia - Execution Page for the Third Amended and Restated Joint & Cooperative Agreement For Public Safety Purchasing The party listed below has read, agreed to and executed this Agreement on the date indicated. Date Entity By Title And Title AGENDA SECTION: CONSENT AGENDA ITEM# 4B REPORT# 76 STAFF REPORT RICHFIELD CITY COUNCIL MEETING APRIL 24, 2012 REPORT PREPARED BY: JAY HENTHORNE,POLICE LIEUTENANT NAME TITLE DEPARTMENT DIRECTOR REVIEW: MA SIGNATU;4 REVIEWED BY CITY MANAGER: ' j ITEM FOR COUNCIL CONSIDERATION: Council approval of attached resolution authorizing acceptance of JAG funds. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution allowing Richfield Department of Public Safety to accept grant monies from the U.S. Department of Justice, Office of Justice Programs, the Justice Assistance Grant (JAG) program. II. BACKGROUND The Public Safety Department has been informed that additional funds will be made available to the department as part of the Edward Byrne Memorial Justice Assistance Grant (JAG). The grant allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. Richfield applied for and received grant funds in 2012 along with Cities of Bloomington, Brooklyn Center, Brooklyn Park, Minneapolis, and Richfield. Notification was received that the City of Richfield was approved to receive $9,900 from the JAG grant for 2012. III. BASIS OF RECOMMENDATION 042412 Resolution Approving Grant Monies from JAG A. POLICY • Public Safety does not accept financial support unless it is designated for a specific program that will affect the department as a whole. • The grant money will be used by Public Safety for training, purchasing of equipment, programs for crime prevention, and the (JCPP) Joint Community Police Partnership program. • Minnesota Statute 465.03 requires that every acceptance of a grant or devise of real of personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. • The Administrative Services Department issued a memo on November 9, 2004 requiring that all grants and restricted donations to departments be received by resolution and by more than two-thirds majority of the City Council in accordance with Minnesota Statute 465.03. B. CRITICAL TIMING ISSUES • The grant money will be used by Public Safety for purchasing equipment, training, and upcoming programs. • Due to budget restraints for the past several years, the Police Division has not purchased many needed equipment items. C. FINANCIAL • Five percent (5%), or$520 of the total $10,420 has been removed as approved by the administrator of the grant for administrative costs. Richfield Public Safety will receive $9,900. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Council could disapprove of the acceptance of the grant monies and the funds would have to be returned. V. ATTACHMENTS • Resolution No. • Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None y �3- ■ RESOLUTION NO. RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FOR $9,900 FROM THE OFFICE OF JUSTICE PROGRAMS TO BE USED FOR SPECALIZED TRAINING AND EQUIPMENT FOR POLICE PERSONNEL, AND CRIME PREVENTION AND JCPP (JOINT COMMUNITY POLICE PARTNERSHIPS) PROGRAMS WHEREAS, Richfield Police has been approved by the U.S. Department of Justice to participate in funds made available to several Hennepin County departments through the Edward Byrne Memorial Justice Grant (JAG); and, WHEREAS, Richfield is scheduled to receive $9,900 to be used as designated by the grant agreement which mandates that the funds be used for law enforcement related programs, training, and or equipment; and, WHEREAS, Richfield has agreed that Hennepin County will serve as the fiscal agent on behalf of the Cities of Bloomington, Brooklyn Center, Brooklyn Park, Minneapolis, and Richfield; and, WHEREAS, Richfield Police has designated $9,900 for department programs, specialized training, and officer overtime for selected enforcement; and, WHEREAS, in accordance with the agreement, five percent (5%) ($520) of the total amount ($10,420) has been set aside for costs associated with administering the JAG funds. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield, Public Safety Department will accept funds designated for police programs, training, and equipment in accordance to and as listed above. Adopted by the City Council of the City of Richfield, Minnesota, this 24th day of April, 2012. Debbie Goetell, Mayor ATTEST: Nancy Gibbs, City Clerk Contract No: City of Bloomington A120564 City of Brooklyn Center A120565 City of Brooklyn Park A120566 City of Minneapolis A120567 City of Richfield A120568 AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, (the"COUNTY"),the Cities of Bloomington, Brooklyn Center, Brooklyn Park, Minneapolis,and Richfield, ("CITIES") (COUNTY and/or Cities may be individually called a"PARTY"and collectively called"PARTIES"). WHEREAS,the PARTIES,authorize the COUNTY to submit a grant application to the United States Department of Justice for the FY12 Edward Byrne Memorial Justice Assistance Grant(the"GRANT") (The Catalog of Federal Domestic Assistance -- CFDA number for this grant is 16.738.)on behalf of the PARTIES and to serve as fiscal agent for the PARTIES; and WHEREAS,the PARTIES recognize the need to set forth the duties and obligations of the PARTIES with respect to the administration of the Grant; NOW,THEREFORE, in consideration of mutual undertakings and agreements hereafter set forth,the PARTIES hereby agree as follows: 1. TERM This Agreement shall become effective upon approval by all PARTIES on October 1,2012 and shall continue through September 30,2015, or the completion of the services provided hereunder, whichever is earlier, unless terminated earlier in accordance with the provisions herein. Any Party may cancel this Agreement immediately if the Party reasonably believes there has been a failure to comply with the provisions of this Agreement, or failure to comply with the terms of the Grant award, rules, or guidelines or failure to comply with applicable law. 2. SERVICES TO BE PROVIDED Hennepin County will submit the FY12 Edward Byrne Memorial Justice Assistance Grant application 2012-HI305-MN-DJ ("Grant"). T3-3 In the event all Grant funds are received, each local unit of government will receive grant funds in the following amounts: BLOOMINGTON $ 15,560 BROOKLYN CENTER $ 20,530 BROOKLYN PARK $ 34,790 MINNEAPOLIS $ 306,344 RICHFIELD $ 9,900 HENNEPIN COUNTY DEPARTMENTS $ 231,090 HENNEPIN COUNTY ADMINISTRATION $ 32,562 Total $ $650,776 If the Grant funds are less than $650,776,the parties shall distribute the actual funds received in proportion to the table above less the costs of administration set forth herein. If any Grant funds are received, Hennepin County shall serve as the fiscal agent on behalf of the above named local units of government. The COUNTY shall provide financial administrative services necessary for the administration of the grant, including but not limited to the following: • Satisfy financial and administrative grant requirements. • Submit financial, programmatic and similar reports required under the grant. • Work with the Department of Justice to resolve administrative issues. • Comply with grant conditions regarding financial administration of the grant including but not limited to reporting, data collection and evaluation requirements prescribed by the grant. • Coordinate compliance with the organization audit requirements attached to the grant. • Manage grant funds. • Pursuant to applicable accounting standards and procedures, maintain financial and accounting books and records as shall be necessary, appropriate and convenient for the proper administration of the grant. For serving as fiscal agent hereunder, COUNTY shall be paid an administrative fee equal to five percent(5%)of the Grant Funds,to be paid upon receipt of the Grant funds, 3. DUTIES OF THE PARTIES The PARTIES, individual and collectively, acknowledge that COUNTY will be administering the Grant on their behalf and agree to cooperate fully with COUNTY in all matter with respect to such grant administration so as to allow COUNTY to satisfy the grant requirements, including but not limited to the following acts: • Comply with the provisions of the Grant award, rules,and guidelines and comply with applicable law including, as applicable, but not limited to the Single Audit Act Amendments of 1996 as amended and Office of Management and Budget Circular A-133. • Maintain books and records relating to the receipt and expenditure of grant funds for six(6)years after expiration of this Agreement. • Report on performance measurement goals to the other PARTIES on a quarterly basis. • Upon request, report the receipt and expenditures to the other PARTIES on a quarterly basis,then report a final accounting, pursuant to applicable accounting standards, upon expiration of this Agreement. • Supply full and complete information, as requested by COUNTY, so as to allow COUNTY to satisfy the grant conditions and requirements. • Work together with COUNTY to ensure that all grant conditions and requirements are met. • Provide COUNTY with data and information sufficient for COUNTY to meet its reporting, data collection and evaluation requirements as prescribed by the grant. • Eligible expenditures under this grant contract must be incurred by the grantee by the expiration date of the grant agreement. • Abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA),the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality. 4. LIABILITY AND INDEMNIFICATION Each PARTY agrees that it will be responsible for its own errors, acts and omissions and the results thereof to the extent authorized by law and shall not be responsible for the errors,acts and omissions of any other PARTY and the results thereof, provided, however, CITIES agree to defend, indemnify and hold harmless COUNTY from all liabilities,claims, demands, losses, costs, expenses and causes of action of any kind or character, including the cost of defense thereof resulting from the provision of services under this Agreement. y5- 5 The PARTIES liability is governed by the provisions of Minnesota Statutes, Chapter 466. Under no circumstances shall a PARTY be required to pay on behalf of itself and other PARTIES any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one PARTY. The statutory limits of liability for some or all of the PARTIES may not be added together or stacked to increase the maximum amount of liability for any party. 5. COUNTERPARTS This agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same Agreement. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 14 13—lP COUNTY BOARD AUTHORIZATION COUNTY OF HENNEPIN Reviewed by the County STATE OF MINNESOTA Attorney's Office By: Chair of Its County Board Date: ATTEST: Deputy/Clerk of County Board Date: And: Assistant/Deputy/County Administrator Date: CITY OF RICHFIELD By: Its: And: Its: ADDITIONAL SIGNATURES ARE INCLUDED ON ADDITIONAL PAGES AGENDA SECTION: CONSENT AGENDA ITEM# 4C REPORT# 77 STAFF REPORT RICH F 1 E i_D CITY COUNCIL MEETING APRIL 24, 2012 REPORT PREPARED BY: PAM DMYTRENKO,ASSISTANT CITY MANAGER/HR MANAGER NAME,TITLE DEPARTMENT DIRECTOR ' REVIEW: SIGNATURE fr REVIEWED BY CITY r 4-40 i MANAGER: � ITEM FOR COUNCIL CONSIDERATION: Resolution authorizing the City to affirm the monetary limits on statutory municipality tort liability I. RECOMMENDED ACTION: By Motion: Adopt a resolution authorizing the City Council to affirm the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. II. BACKGROUND The City purchases its insurance from the League of Minnesota Cities Insurance Trust (LMCIT). A requirement of that insurance coverage is that each participating municipality must annually either affirm or waive its statutory limits of liability. This action must be taken before July 1 of each year. The current statutory limits of liability for Minnesota cities are $500,000 for an individual claimant and $1,500,000 per occurrence. Cities can waive those limits by allowing an individual claimant to recover more than $500,000, up to the $1,500,000 occurrence limit, or more if excess liability insurance is purchased Historically, Richfield has not waived its limits of liability. This is true of slightly more than half of the cities in Minnesota. Richfield has also elected not to purchase excess liability coverage for the past several years. 0426 Tort Liability The cost of excess liability insurance has been, and continues to be very expensive. An additional $1,000,000 of coverage would cost approximately $60,300 annually. III. BASIS OF RECOMMENDATION A. POLICY • The State Statute establishing liability limits for cities at the current $1,500,000 level was established fairly recently and appears to be a reasonable limit. • Historically, the majority of municipalities in Minnesota are not waiving the monetary limits on municipality tort liability as was established by Statutes 466.04. • The Council could waive its statuary limits in future years if a decision was made to do so. • The City Council may also wish to further consider purchasing excess liability in the future. If this is the case it may be purchased at any point in the future. B. CRITICAL ISSUES • The City's insurance policy with the League of Minnesota Cities Insurance Trust will renew on July 1, 2012. This action must be completed on, or before that time. C. FINANCIAL • The City has historically not purchased excess liability coverage because of the cost of such coverage. The annual premium for$1 million of coverage would be between $65,000 and $75,000 if the City does not waive its liability limits. D. LEGAL • The tort liability limits established by Minnesota Statutes have protected cities historically and no Minnesota court has ever established a monetary award in excess of the statutory limits against a municipality. • Each city must annually decide whether the City would voluntarily waive the statute for both the single claims each occurrence limits. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • If the Council feels that any single claimant should receive more than the $500,000 limit, the Council could elect to waive the statutory monetary limits. • If the Council feels that the $1,500,000 per occurrence limit is not adequate, the City could purchase excess liability coverage. V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. L+ - I RESOLUTION NO. RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY MINNESOTA STATUTES 466.04 WHEREAS, Minnesota Statute 466.04 provides for Municipal tort liability limits for Minnesota cities; and WHEREAS, the League of Minnesota Cities Insurance Trust has asked that each city review the tort liability limits and determine if the respective city would choose to waive it's limits; and WHEREAS, such decision to affirm or waive the tort liability limits must be filed with the League of Minnesota Cities Insurance Trust at the insurance renewal date. NOW, THEREFORE, BE IT RESOLVED that the City Manager is directed to report to the League of Minnesota Cities Insurance Trust that the Richfield City Council does not waive the monetary limits on the municipal tort liability established by Minnesota statutes 466.04. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of April, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: OTHER BUS. AGENDA ITEM# 6 REPORT# 78 ,0 STAFF REPORT RIB lnCi_D_ CITY COUNCIL MEETING , ,, APRIL 24, 2012 REPORT PREPARED BY: SALLY MORTON, I.T.MANAGER NAME,TITLE DEPARTMENT DIRECTOR .REVIEW: i ?yP----- A REVIEWED BY CITY \ / MANAGER: ;- , ITEM FOR COUNCIL CONSIDERATION: Authorize the solicitation of bids to complete the construction of the City's fiber optic network. I. RECOMMENDED ACTION: By Motion: Approve the advertisement for bids for the construction of a fiber optic network to connect Wood Lake Nature Center, Lyndale Liquor Store, and Wine & Spirits Liquor Store to the City's existing fiber optic network. II. BACKGROUND In 2008 the City began a multi-year project to construct a high speed fiber optic network to include 12 City facilities, police liaison offices at 2 schools, and to connect to an existing fiber network managed by LOGIS and the State of Minnesota. The goal of the project was to solve network performance issues, provide capacity for the future, and facilitate the installation of a Voice over IP (VolP) phone system. High speed network links to LOGIS, the State of Minnesota, 9 of the 12 City facilities, and the police liaison offices have been built over the past 4 years. Some of these connections were accomplished by leasing existing fiber from the School District, one link is wireless, and the remaining links are underground fiber optic cable constructed by contractors hired by the City. In all cases, the goals of the project have been met. 0424-FiberBid.doc The 2012 I.T. and Liquor Fund budgets include funds to construct underground fiber connections to the 3 remaining City facilities to complete the high speed network. These facilities are the Wood Lake Nature Center, the Lyndale Liquor Store, and the Wine & Spirits Liquor Store. These facilities are currently connected to the City's computer network via DSL service which is inadequate to support these sites. Staff is requesting City Council authorization to solicit bids for the construction of underground fiber connections to these remaining sites. If approved, bids will be solicited this spring, construction would take place this summer, and the facilities would come online in the fall. The 2012 IT Fund budget includes funds for installing the VoIP phone system and wi-fi for staff and public use at these facilities. These systems would also be implemented in the fall after the fiber connections are in operation. Staff did explore whether it is feasible to make any of these network connections wirelessly, but the required clear"line of sight" between City facilities could not be attained. The bid specifications will require that separate price quotes for the 3 facilities be submitted. This will allow the City Council the flexibility to opt out of a portion of the project should bids come in significantly over what has been estimated and budgeted. The bid specifications will also reserve the right of the Council to reject all bids. III. BASIS OF RECOMMENDATION A. POLICY • City Council technology goals have included the VoIP project and the capability to provide state of the art technology tools for City staff. A high-speed, high-capacity network is necessary to meet this goal. B. CRITICAL TIMING ISSUES • None. C. FINANCIAL • The 2012 I.T. Fund budget includes a capital outlay of$73,000 for the construction of fiber to the Nature Center. • The 2012 Liquor Fund budget includes a capital outlay of$31,000 for the construction of fiber to the Lyndale Store. • The 2012 Liquor Fund budget includes a capital outlay of$50,000 for the construction of fiber to the Wine & Spirits Store. • The 2012 I.T. Fund budget also includes $12,900 for network equipment and $4,800 for project management, network design, and equipment setup services from LOGIS. These items are not a part of the construction bid but are necessary to complete the project. D. LEGAL • Because the estimate for the project exceeds $100,000, the construction contract must be made by sealed bids, solicited by public notice, and awarded to the lowest responsible bidder. E. ENVIRONMENTAL CONSIDERATIONS • The bid specifications will require that the Contractor be responsible for all restoration of disturbed surfaces to a condition equal to or better than it was prior to the construction. IV. ALTERNATIVE RECOMMENDATION(S) • The Council can chose not to proceed with this project at this time. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None.