The URL can be used to link to this page

04-10-07 Agenda CITY OF RICHFIELD, MINNESOTA TUESDAY, APRIL 10,2007 ********************************************************************************************************** SPECIAL CITY COUNCIL WORKSESSION RICHFIELD CITY HALL COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. Call to order Roll call 5:30 - 6:00 p.m. 1. Meeting with Fifth Congressional District United States Representative Keith Ellison 6:00 - 6:30 p.m. 2. Discussion regarding private utilities and landscaping in public right-of-way (Council Memo No. 60) 6:30 - 6:50 .p.m. 3. Information regarding possible gang activity in Richfield 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 RegularCity Council Meeting of March 27, 2007 PRESENTATIONS 1. Presentation regarding Richfield Reserve Officer of the Year; Nancy Marie Fairbairn Notes: 2. Annual meeting with Transportation Commission Notes: COUNCIL DISCUSSION 3. Council discussion . Hats Off To Hometown Hits . Proposed Wood Lake Nature Center entrance modifications Notes: AGENDA APPROVAL 4. Council approval of agenda CONSENT CALENDAR 5. 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 resolution authorizing $5,000 donation to Richfield Historical Society for production of 2008 Richfield Centennial history book S.R. No. 94 B. Consideration of approval of resolution accepting grant funds for payment of Police Officer overtime in connection with Safe and Sober Program S.R. No. 95 C. Consideration of approval of bid minutes/tabulation and award of contract to Standard Sidewalk, Inc. for 2007 curb and gutter, sidewalk and miscellaneous concrete repair in amount of $52,441 S.R. No. 96 D. Consideration of approval of bid minutes/tabulation and award of contracts for 2007 pavement management projects: Pearson Bros., Inc. for sealcoating work in amount of $289,358.19 and Bituminous Roadways for mill and overlay work in amount of $316,911 S.R. No. 97 Notes: 6. Consideration of item(s), if any, removed from Consent Calendar Notes: OTHER BUSINESS 7. Consideration of amended consultant agreement with WSB and Associates, Inc. for final design of new Lyndale Avenue bridge at 1-494 Staff Report No. 98 Notes: 8. Consideration of substitute legal counsel with respect to 66th Street and Portland Avenue condemnation matter; Hennepin County District Court File No. 07-789 Staff Report No. 99 Notes: 9. Presentation regarding proposed plans for replacement of current water meter reading system with radio read/drive-by system Staff Report No.1 00 Notes: CITY MANAGER'S REPORT 10. City Manager's report Notes: 11. 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: 12. 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 at612-861-9738. AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT SA 94 STAFF REpORT CITY COUNCIL MEETING APRIL 10, 2007 REpORT PREPARED By: STEVEN L. DEVICH, CITY MANAGER NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution providing for a $5,000 donation to the Richfield Historical Society for the production of the 2008 Richfield Centennial book I. RECOMMENDED ACTION: By Motion: Adopt a resolution authorizing a donation to the Richfield Historical Society for the production of the 2008 Richfield Centennial book. I II. BACKGROUND I On February 14, 2006, the City Council adopted a motion authorizing a loan in the amount of $20,000.00 to the Richfield Historical Society ("Society") for the production of the 2008 Richfield Centennial book. The City and the Society subsequently entered into a Loan Agreement whereby the City agreed to advance funds, not to exceed $20,000, upon receipt of invoices from the Society. The Loan Agreement requires that the Society must use the first $20,000 in sale proceeds from the book to repay the City. To date, the City has advanced $3,833 to the Society under the Loan Agreement. The Society is now asking that the City become a sponsor of the book with a donation in the amount of $5,000. I III. BASIS OF RECOMMENDATION I A. POLICY 0410HistoricalSociety . The Historical Society has requested that the City Council approve a $5,000 sponsorship for production of the book. . The Loan Agreement between the City and the Society will be terminated. I B. CRITICAL ISSUES I . At the March 27,2007 City Council meeting, the Council indicated that the City would donate a $5,000 sponsorship and that staff was to prepare any necessary materials for the April 10, 2007 meeting. I C. FINANCIAL I . The City is donating $5,000 to the Society with the understanding that the Loan Agreement will be terminated. . The $5,000 would be comprised of the following: forgiveness of the $3,833 already advanced to the Society, and an additional payment of $1,167. I D. LEGAL I . MN Statutes 471.93 authorizes cities to pay for the costs of producing a publication that would commemorate a city's Centennial, providing such action is taken at either a regular or properly noticed special meeting. . The original Loan Agreement does not prevent the City from donating additional funds to the Society. . . The City Council and the Society mutually agree to terminate the original Loan Agreement. I IV. ALTERNATIVE RECOMMENDATION(S) I . The City Council could decide on another course of action with regard to the sponsorship for the Centennial book. I V. ATTACHMENTS . Resolution I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None. 5A-1 RESOLUTION NO. RESOLUTION AUTHORIZING A DONATION TO THE RICHFIELD HISTORICAL SOCIETY FOR PRODUCTION OF THE 2008 CENTENNIAL BOOK WHEREAS, the City of Richfield will celebrate its Centennial in 2008; and WHEREAS, the City wishes to celebrate the Centennial event including the production of the Centennial book, and WHEREAS, the Richfield Historical Society has undertaken the production of the Centennial book and previously entered into an agreement with the City for a loan to cover costs related to the book; WHEREAS, the City has already advanced funds to the Richfield Historical Society pursuant to the Loan Agreement; and WHEREAS, the Richfield Historical Society has now requested that the City consider a $5,000 sponsorship to cover production costs for the book; and WHEREAS, the City Council of the City of Richfield desires to continue to assist the Historical Society in the production of the Centennial Book by providing the requested donation; and WHEREAS, MN Statutes 471.93 authorizes cities to pay for the costs of producing a publication that would commemorate a city's Centennial, providing such action is taken at either a regular or properly noticed special meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1) The Mayor and City Manager of the City of Richfield are hereby authorized to donate $5,000 to the Richfield Historical Society for the production of the Centennial book. 2) The $5,000 donation is comprised of: forgiveness of the $3,833 already advanced to the Historical Society under the Loan Agreement, plus an additional payment of $1,167 to the Historical Society. 3) The original Loan Agreement between the City and the Historical Society is terminated by mutual understanding of the parties. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of April 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 5B 95 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING APRIL 10, 2007 REpORT PREPARED By: MIKE KOOB, POLICE LIEUTENANT NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding acceptance of grant funds for police officer overtime in connection with the Safe and Sober ProQram. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the acceptance of grant funds to be used for the payment of overtime for police officers involved in the Safe & Sober Program by agreement between the Minnesota Department of Public Safety and the City of Richfield, Public Safety Department. I II. BACKGROUND I Safe & Sober contacted the Richfield Police department to find out our interest in accepting a $6,000 grant of extra enforcement overtime monies to be shared equally with the Edina and Airport Police departments during their May Seatbelt & Child seat enforcement campaign. The Richfield Police department would be the administrator for the grant, and $2,000 would be available to each department during the enforcement campaign for enforcement overtime. 0410 Resolution to Accept Safe & Sober Grant Funds I III. BASIS OF RECOMMENDATION I I A. POLICY I . The State requires that the City approve a resolution accepting the funds prior to their issuance. I B. CRITICAL ISSUES I . The Resolution needs to be signed by the City Councils of all three agencies before the release of funds to the police departments. . Traffic law enforcement is a critical function of the police division. Approval of the resolution makes available funds to cover costs associated with focusing on this area. I'C.FINANCIAL I . The overtime paid to officers will come from the Grant funds. I D. LEGAL . N/A I IV. ALTERNATIVE RECOMMENDATION(S) I . Council could disapprove the resolution, which would void the agreement. I V. ATTACHMENTS . Resolution. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None 58-I RESOLUTION NO. RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY BY AGREEMENT WITH THE STATE AND THE EDINA, AIRPORT AND RICHFIELD POLICE DEPARTMENTS FOR THE PURPOSE OF PAYING OVERTIME FOR POLICE OFFICERS INVOLVED IN THE SAFE AND SOBER PROGRAM WHEREAS, the Governor has designated the State of Minnesota, Office of Traffic Safety in the Minnesota Department of Public Safety (hereinafter called the STATE) as the agency responsible for administration of the project entitled Safe & Sober Communities; and WHEREAS, the STATE is authorized to make contracts from state funds to qualified applicants; and WHEREAS, the City of Richfield, Public Safety Department (hereinafter called the GRANTEE), is authorized to accept $6,000 state grant funds for overtime for traffic enforcement programs to disperse equally to the Cities of Edina and Richfield Police and the Airport Police; and WHEREAS, GRANTEE represents that it is duly qualified and will carry out the tasks described above. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield enter into a cooperative agreement with the Office of Traffic Safety in the Minnesota Department of Public Safety for the project entitled Safe & Sober Communities. Public Safety Director Dan Scott is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Richfield Police Division and to be the fiscal agent and administer the grant. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of April 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk , AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 5C 96 ...... STAFF REpORT RICHFIELD CITY COUNCIL MEETING APRIL 10,.2007 REpORT PREPARED By: DERICK ANDERSON, CIVIL ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: 9'" REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract for the 2007 Concrete Sidewalk, Curb and Gutter Repair. I. RECOMMENDED ACTION: By Motion: Accept the bid minutes/tabulation and award a contract for 2007 Curb and Gutter, Sidewalk and Miscellaneous Concrete Repair to Standard Sidewalk, Inc. in the sum of$52,441.00. I II. BACKGROUND I Each year the City awards a contract to replace broken and dangerous sidewalks, curb and gutter, and other concrete as necessary. This year's concrete contract includes: removal, replacement and appurtenant work for concrete sidewalks and curb and gutter at various locations. Because the specifications were written early in the year, not all 2007 concrete needs have been identified. Therefore, the contract provides for an increase/decrease in quantity to meet the budgeted amount. There were seven plan holders for the March 28,2007 bid opening. Five bids were received. I III. BASIS OF RECOMMENDATION 0410SideCurbGutter I A. POLICY I . Each year the City contracts to replace broken and dangerous sidewalk, curb and gutter and other concrete work as necessary. . The advertisement for bid for this contract was published in the Richfield Sun-Current on March 8, 2007 and in the Construction Bulletin on March 12,2007. . A bid opening was held on March 28, 2007. A copy of the bid tabulations for the Sidewalk, Concrete Curb and Gutter contract is attached. . The City follows a competitive bid process and should award the contract to the lowest responsible b'idder. I B. CRITICAL ISSUES I . Standard Sidewalk, Inc. was the lowest responsible bidder to submit a bid and is an established contractor that meets all requirements. . This year's bid was a 0.5% decrease compared to last year. I C. FINANCIAL I . The annual general street maintenance budget includes funding for replacement of miscellaneous broken and dangerous boulevard sidewalk, curb and gutter. . The budgeted amount for sidewalk curb and gutter repair is $49,360 I D. LEGAL I . When the amount of purchase is estimated to exceed $50,000, sealed bids shall be solicited by public notice in the manner and subject to the law governing contracts or purchases by the City of Richfield. I IV. ALTERNATIVE RECOMMENDATION(S) I . Council may choose to reject the bid and direct staff to obtain new bids; however, the prices received for this work are fair, and staff does not believe lower prices can be obtained from a reputable contractor. . Do not do the work. This contract is an important tool in protecting Richfield residents from injury caused by tripping on damaged sidewalk and slipping on ice built up in gutters. The contract also provides a tool for making minor improvements which benefit Richfield residents. I V. ATTACHMENTS . Bid minutes/tabulation. I VI. PRINCIPALPARTIEsExpECTEDATMEETING I . . None. 5C--1 CITY OF RICHFIELD, MINNESOTA Bid Opening March 28, 2007 2:00 p.m. 2007 Concrete Sidewalk, Curb and Gutter Bid No. 07-01 Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud bids for 2007 concrete sidewalk, curb and gutter repair, as advertised in the official newspaper on March 8, 2007 and the Construction Bulletin on March 12,2007. Present: Nancy Gibbs, City Clerk Kristin Asher, Assistant City Engineer Cheryl Krumholz, City Manager Representative The following bid was submitted and read aloud: Non- Intent Bidder's Name Bond Collusion To Total Base Bid Comply Ron Kassa Construction Inc. Provided Provided Provided $ 52,645.00* Create Construction, LLC Provided Provided Provided $ 65,005.00 Christenson Const. Service Inc. Provided Provided Provided $ 62,252.50 T:Zack Concrete, Inc. Provided Provided Provided $ 73,600.00 Standard Sidewalk Inc. Provided Provided . Provided $ 52,441.00 *denotes corrected figure The City Clerk announced that the bid would be tabulated and considered at the April 10, 2007 City Council Meeting. Nancy Gibbs City Clerk . AGENDA SECTION: AGENDA ITEM # REpORT # CON~F.N'1' 'in q7 ....... STAFF REpORT RICHfiELD CITY COUNCIL MEETING APRIL 10, 2007 REpORT PREPARED By: DERICK ANDERSON, CIVIL ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: rE:r ri REVIEWED By CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contracts for the. 2007 Pavement Management Projects. I. RECOMMENDED ACTION: By Motion: Accept the bid minutes/tabulation and award of contracts for the following Pavement Management Projects: . Pearson Bros. Inc. in the sum of $289,358.19 for Sealcoating work to be completed in 2007. . Bituminous Roadways in the sum of $316,911.00 for Mill and Overlay work to be completed in 2007. I II. BACKGROUND I Due to increases in the cost of oil and aggregate, the 2006 .pavement management programs had to be reassessed and reduced to match the funding available through the franchise fee revenue. For 2007, an additional $200,000 of the franchise fee was dedicated to streetmaintenance. Price increases for the sealcoat project have slowed to about half that of the 2006 increase, and the mill.andoverlay project increased only slightly over the previous year. With the increased funding and some stabilization of the prices, the two projects are back up to previous levels. 0410PavementManagementContracts The City's Pavement Management Program is a detailed, comprehensive approach to maintaining the integrity of the streets within our responsibility, and why Richfield's streets, which have surpassed theiryears in life expectancy, are still in good overall condition. The pavement management program was implemented in 1988. That policy direction was set to improve the quality of the roads within the City and maintain an acceptable roadway system for residents. Committing to and continuing the preventative maintenance program is essential to delay the. high costs associated with the deterioration of the streets to the point of major repair. The franchise fee implemented in 2004 provides the bulk of the funding for the City's pavement management program. Sealcoating has been the leading cost-effective technique for slowing the deterioration of our residential streets. The sealcoating process involves applying a thin coat of emulsified oil, and then covering it with buckshot sized rock. In 2000, the City started a mill and overlay program for streets in the worst condition. These roadways have deteriorated past the point where sealcoating remains effective in maintaining the surface integrity of the road and significant patching is needed every year. Because the base of these roads is still in good condition, the mill and overlay program offers a preventative maintenance strategy that delays a costly reconstruct of that road and also decreases immediate costs by reducing patching needs. This technique can add up to 20 years to the life of the roadway. In conjunction with regular sealcoating, the life of that roadway can be extended far beyond the intended life. I III. BASIS OF RECOMMENDATION I I A. POLICY I . In1995, Council initiated an accelerated street maintenance program. The program includes sealcoating for all City streets infive"'year cycles, asphalt crack repair, and asphalt milling and overlaying. I B. CRITICAL ISSUES I . Regular preventative maintenance techniques such as sealcoating and overlaying delays costly reconstruct projects. . Construction costs have stabilized somewhat since last year, especially asphalt costs. . The oil used for sealcoating has increased over 100% in two years, from $0.86 a gallon in 2005, $1.39 in 2006 to $1.76 in 2007. This year's sealcoat project cost is 17% higher overall compared to 2006, which was 36% higher than~W05. . Asphaltcosts has increased over 28% in two years, from $31.00 a ton in 2005, $38.40 in 2006 to $39.75 in 2007. This year's mill and overlay project cost is 3.3% higher overall.compared to 2006, which was 16% higher than 2005. I c. FINANCIAL I . The City Council identified 2007 .franchise fee revenue for the following targets for expenditures: . Street Maintenance Forestry Council Approved Annual Franchise Fee 2007 - B $ 700,000 20,000 $ 720,000 . Due to increased costs over the last two years for the sealcoat and mill & overlay programs, an additional $200,000 from the franchise fee has been dedicated to street maintenance. . Additional work may be added or subtracted from the sealcoating and mill and overlay contracts depending on actual cost of construction. I.n. LEGAL I . When the amount of purchase is estimated to exceed $50,000, sealed bids shall be solicited by public notice in.the manner and subject to the law governing contracts or purchases by the City of Richfield. . The advertisement for bid for all contracts was. published in the Richfield Sun-Current on March 8, 2007 and in the Construction Bulletin on March 12, 200? . Bid openings were held on March 28,2007. A copy of the bid tabulations for each contract is attached. . The City has followed the competitive bid process and should award contracts to the lowest responsible bidders. . Pearson Bros. Inc. submitted the lowest responsible bid within the sealcoating budget amounts. . Bituminous Roadways submitted the lowest responsible bid within the mill and overlay budget amounts. I IV. ALTERNATIVE RECOMMENDATION(S) I . Council may chose to reject all bids and direct staff to obtain new bids; however, the prices received for both contracts were competitive, and staff does not believe lower prices can be obtained from a reputable contractor. . Council may chose not to continue with the Pavement Management Program as planned. However, the program is essential to maintaining and extending the usable life of the City's streets. I V. ATTACHMENTS I . A copy of the March 28, 2007 Sealcoating Bid Tabulation. . A copy of the March 28, 2007 Mill and Overlay BidTabulation . Amap depicting the 2007 Sealcoating and Overlay project/contract areas. . I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None 5D-~ CITY OF RICHFIELD, MINNESOTA Bid Opening March 28, 2007 2:30 p.m. 2007 Bituminous Sealcoat Construction Bid No. 07-03 Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for 2007 bituminous sealcoat construction, as advertised in the official newspaper on March 8, 2007 and the Construction Bulletin on March 12,2007. Present: Nancy Gibbs, City Clerk Kristin Asher, Assistant City Engineer Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Non- Intent Bidder's Name Bond Collusion To Total Bid Amount Comply Allied Blacktop Co. Provided Provided Provided $318,220.40 Pearson Bros. Inc. Provided Provided Provided $289,358.19 ASTECH Corp. Provided Provided Provided $339,527.60 The City Clerk announced that the bids would be tabulated and considered at the April 10, 2007 City Council Meeting. Nancy Gibbs City Clerk 57J-a CITY OF RICHFIELD, MINNESOTA Bid Opening March 28, 2007 2:15 p.m. 2007 Mill and Overlay Bid No. 07-02 Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud bids for 2007 Mill and Overlay, as advertised in the official newspaper on March 8, 2007 and the Construction Bulletin on March 12,2007. Present: Nancy Gibbs, City Clerk Kristin Asher, Assistant City Engineer Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Non- Intent Bidder's Name Bond Collusion To Total Base Bid Comply McNamara Contracting, Inc. Provided Provided Provided $375,680.30 Northwest Asphalt, Inc. Provided Provided Provided $338,998.66 Hardrives, Inc. Provided Provided Provided $338,634.00 Midwest Asphalt, Corp. Provided Provided Provided $367,797.52 Valley Paving, Inc. . Provided Provided Provided $325,171.63 Bituminous Roadways Inc. Provided Provided Provided $316,911.00 C. S. McCrossan Inc. Provided Provided Provided $460,857.90 ASTECH Corp. Provided Provided Provided $406,482.05 Ace Blacktop Inc. Provided Provided Provided $339,678.74 The City Clerk announced that the bids would be tabulated and considered at the April 10, 2007 Council Meeting. Nancy Gibbs City Clerk o !" ;;; '" o ., '" o '" o '" '" ~ $" ~ ~ " .,. ii' :e I~ 5-2- ~~ ;;- ii: m .;: ... S" ... I H11~ 5lJ-3 '~\ \~\ ,f.\\~ P\\\'~ ,1\1\\\ '-_______~uJllih__ " '''---.--'''''' \mrrJf~cJ'" ----- il~{I - -- ~~I II ,,~.=____=_i2=:JJt OJ 5' o 3 S" ce - o ::::l (I --D--- _Ji __.fl_____ ____ _ _ _______ __ _____u ____IL___ =i~1 _ ~ - ----- W- ,- -- - --- 1[ -.. -11-- -If 11-][" --lr-~lL='jOF.? F i =='~~1L~_~ jr--cJ:~-~lt~-!t~J~n[! ii' -JI ---J- [ --'11' ---]~---lf--=rJI If' 'J _l__ L______J_____J'-__, Lf1..J1 ::JC---lC~ J[=-JC=JC-]<=~~L -_ _ :i~t;l3~~~~~ " r~~~~(~E~~BL ---l~ :-~~=I_ \Ii I ~~Jr-----J'-----Ir----lf-") ~=-=------I'lr--- (-' III1 '~===cr=c='-][="=][===clt\\. l1""",,,-,,-!W \,J \1\,\ I F[=J]L[c=="=J'1 -'='=i(~=ll \\ kHII \ 1\\ I ~'===='-='-l-==.==.~~--=~~L=,",\'- <l Am\\\ IL-J[----~[_Jl_---JLJ:'=dLl-'""'''~ #~; J!Jilth\ ,'---J[-----I[--.J.'[.............-.....]I-.. -I _-~,--,""__~ ,S! \~ \ --'-""""" _"JL___ .._._.....J -'-",'-, . ------- L..___......J =.,c---..Ji "-"'i-' 0 '\, ~.. cI1~~t~I=~-~~~~r~~'. ..... ___ Jl-,JL---L---l,.-L"-1 'I' 'I I '(~-l[-J\'" ~~tJ~~~~~~~P~3d~~~~~L~~ JI Il='lr=~~==.cJl=c,=I-".c=i["'=jr~-j~=]~=~~F,=-'ll \~::~C-~.--~~_ III ~'l J rr---~r -.-4=-=~-=:f'-==lr= --1(-:- -~r---"--1Ll-- -+-===~\ --J,[----=i! I '_"'1 Iii ~ JI .JL :! --- _L _JI - --", ____J __.....JL-....JL._ .___J! I~ lllf:ur---1 '==~_f'~_ -J[~'jt _][ ~='_L=-Jr _~-l[-=-=]['iLJl==J " 1"1 I T --'[----- ,[-- ---Jr-- m --F l' --",-- - - T -- -Jr-~--~I'-- l' --,1 ,I , II! .III - i _ Jl ~ ~_ ___lL_ lL __J! 'L__ - L~L ___.-lL---1! 111'j "~\ "-' -- If- n,,_ -- "1'--' 'I - -,--- " I- -- -l--~'-------Y-----"I ,', :i!;\ 'IlL _JL__. L.. 1[ L JI;I I~ ___L__jL ---- il_ . Jl_ . ---- --,,-~ - .. ilWI ldl _ _ L~' ~- - r-_~ _ j[ ,--jl"-:::' -j[ . . it. -;, __.c -=r---~.-I=':" JC.~ lC:_--:=r__-:--=-: J[~:-_ J[-J;~l\ -'-1\1--- - lr- ll--- -li --- 1\ -11- -11 II 1\ ![ lC 1~ 11 Jr Jl" \~\ \ [~=Jr=.==ll~~-~~t:=.IL-. j-:-~-'=\C--~jt~:jcjc -=t~:Jl'~=.=~t=-~t:-~)~ . f -, I;'" ---r - "11 -- - ~ r ,,-- ---11---11- T " '[ If I~ '1 Ai"'" l Ilrr7=~F----l(==- 1r- -=-=~'!~:- _J~_. --1 jk'''J~~ :r=~t=-=.o;C=-J[-="1i=' '.' J,( _ jL__ _J,___JL__ -_ l~,_ It -.-=-~ - ~=-=c[I---~"'~~J~~--l--,~-Jlr~.....=lr.-....-) ,- '~ 11 ::']1 ~~~jl:- --:II - --1l---~][-;.~,}' /7j~~=:='lJ~=-----~r--='-~t=-=t~ j~- _-,,-,,=-=-,J, J I, - 'If'- 'j'l' l ,! 1: .",{7 " " ; Ii . !. j'l ;:l II l___ - I _ ,c _Jl_ _ -->"''' .' --- _____J __ __J' L-.......CL-_____ --. - ~~VIit;t:l=~~O~~-;~~~;i~~~;=~ lffill'\I~l II [ Ii / -11 lJodJ!\f i,1 ( " I!\I i I s: ::::l ::::l CD ll) -0 Q. en" (----1 ............) -+, m I I 1\)1\) go "'>I~ 5: en =: Qoo 00 < !!l. !.~ III '< III I\) o c ~ en ... ~ (I) (I) ... s: m -- ~ ... (I) ~ m ~ n (I) -c ~ o -- (I) n ... fn " AGENDA SECTION: AGENDA ITEM # REpORT # OTHER BUSINESS 7 98 ...... STAFF REpORT RICHFIELD CITY COUNCIL MEETING APRIL 10, 2007 REpORT PREPARED By: THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: gy ri ~ REVIEWED By CITY MANAGER: . ITEM FOR COUNCIL CONSIDERATION: Consideration of approving an amended consultant agreement with WSB and Associates, Inc. for the finaldesian of a new Lvndale Avenue Bridqe at 1-494 .. I. RECOMMENDED ACTION: By Motion: Approve an amended consultant agreement with WSB and Associates, Inc. for the final design of the new LyndaleAvenue Bridge revising the total contract amountfrom $1,871,554.02 to 2,399,235.02. I II. BACKGROUND I On July 22, 2003 Council approved a consultant agreement with WSB & Associates to design the Lyndale Avenue Bridge over 1-494. Since then, a layout for the bridge has been approved by Council and submitted to the Minnesota Department of Transportation (Mn/DOT) for its approval. This marks the completion ofthe preliminary design work performed by WSB. The. process was prolonged by two additional years due to: . lengthy discussions with MnlDOT on the design of the 35W/494 interchange and reconstruction of 1-494 (City staff had assumed thatthis had previously been resolved prior to the start of the Lyndale Bridge design); . 0410 Lyndale Bridge . generation of various alternative long-term designs for access to and from Lyndale Avenue to and from 1-35W; and, lengthy effort to develop geometric layouts to address the taking of homes to accommodate the 76th Street access to northbound 1-35W; and, insistence on the part of Mn/DOT for extensive computer modeling of the different designs to analyze their operational performance. . . . Based upon discussions with City staff, WSB has submitted a revised work program to complete the final design of the Lyndale Avenue Bridge. Additional design work is proposed based on Mn/DOT review comments, adjustments of 3% per year in the salary schedule for WSB's employees due to the two-year delay, and provision for aesthetic design of the bridge. City staff and WSB have negotiated an additional $527,681 to the overall contract to complete the design. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The reconstruction of 1-494, including the Lyndale Avenue Bridge, has been identified as a priority of the City's Comprehensive Plan. I B. CRITICAL ISSUES I . WSB requires Council approval to proceed to final design on the Lyndale Avenue Bridge. I C. FINANCIAL I . Funding for the design work comes from a federal highway grant covering 80% of the cost and the remaining 20% will come from the City's Municipal State Aid funds (gas tax revenue.) I D. LEGAL I . There are no legal issues involved in approving the additional work needed to complete the final design. I IV. ALTERNATIVEREcOMMENDATION(S) I . Council may approve $436,000 in partial design work to enable WSB to continue working onthedesign until the Minnesota Department of Transportation provides written approval of the layout. City staff does not recommend this alternative because Mn/DOT has been slow in approving the layout. The design must proceed quickly to maintain a summer 2008 bid letting. I V. ATTACHMENTS I . WSB revised budget dated April 4, 2007 and the addition of an Aesthetic Design component in the proposed work program to complete the design of the tyndale Avenue Bridge over 1-494. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None anticipated. 1-1 Infrastructure _ Engineering _ Planning _ Construction 701 Xenia Avenue South Suite #300 Minneapolis, MN 55416 Tel: 763541-4800 Fax: 763541-1700 ,&'~'Inc. April 4, 2007 Mr. Tom Foley Transportation Engineer City of Richfield 6700 Portland Avenue Richfield, Minnesota Re: Amendment to Lyndale Avenue Design Contract DearMr. Foley: The purpose of this letter is to request an amendment to the Lyndale Avenue Design Contract in the amount of$527,681.00 to reflectthe additional services requested by the City of Richfield and additional labor costs resulting from the delay of the project. Additional preliminary design costs in the amount of$170,388.00 were previously authorized in Work Order #2, but not included in an amendment to the agreement. These costs were related to getting MnDOT to agree to provide access between Lyndale Avenue and I-35W via 1-494. . This additional work included: . lengthy discussions with Mn/DOT on the design of the 35W/494 interchange and reconstruction and potential alternatives to provide access between Lyndale and I-35W, . generation of various alternative long-term designs for access to and from Lyndale Avenue to and fromI-35W, and . extensive computer modeling of the different designs to analyze their operational performance. The remaining amount of$357,293 is needed to complete the fmal design based on the current layout that has been submitted to MnDOT and includes adjustments of 3% per year in the salary schedule for WSB'semployees due to the two-year delay, provision for aesthetic design of the bridge, and design of improvements on 77th Street that have been added to the layout. If you have any questions regarding this request please call me at 763-287-7199. Sincerely, WSB & Associates, Inc. ~.~ Anthony Heppelmann, PE, PTOE Vice President Minne;3polis .81. Cloud Equal Opportunity Employer P:\LETTER PROPOSALS\Ricl1fie1d\Lyndale Design Amendment.doc 1-~ .....~ '..- -,'.. Aesthetic Design Description: 'TKDAwillwork with,WSB.and the Cities of Bloomington and Richfield to develop,design guid~lin.es to establish direction forarchitecfural and aesthetic treatments for hridgeand roadway Components in connection with the L yndale Avenue Bridge over 1-494 project. This will. include , expToringaestbetic treatment options for,prlnciple visual components including piers, ,abutments, .. .... .. ".' - 11'. i..>..^ .;..' _A._ .;i~_1':'r i. rr'h+-:"", -. . -.d'" Tl1r' :".......;; :.....J.;:..,' _.0..4-' .;_.: . - . 7"ar- ,-. .+. -~.;" .~~~ W-illgwattgc, p&a;petS an... J. alJ.llJ.5S, dOllWllg, SlueW alkS, J.J..I.~a.."1S, IVrauuU.:; WJ.S, IeU'-'U"lg, aIru landscaping. The limits of the project to be, addressed under this study includethe bridge and, approach ramps, therecbnstructed p()rtion of Lyndale Avenue from 77th Street to American Boulevard, and , approximately ,1400 lineal feet of reconstructed 77TH Street. .' '." ' . "," - ,".. . . . -'" . , ' The process will include regularly scheduled meetihgs willian Aesthetic Design Review, , Committee composed 6fCity staff from Bloomington and Richfield. At key milestone dates in "theprocess,concepts will be presented to MnDOT for their review and comment. As a starting point in the process, aesthetic treatments, incorporated into ,the recent Lyndale Avenue,,' ' improvements, the'American Boulevard Bridge, 77TH Street improvements, and the 1-494 Aesthetic Design Guide will be reviewed and' eval:uated for appropriate applications on this project. Pro:posed'\y ork Plan 1., Collect available information regarding aesthetic design treatments for recent Lyndale Avenue improvements, the American Boulevard Bridge, 77TH Street improvements, and the 1-494 AestheticDesign Guide. 2. Visit project site toobsetve visual characteriStics of project and adj acent areas and document through photographS and field notes. 3. Gather examples bfaesthetic treatments for project c6mponents from other projects for review and discussion. 4. Meet with key City of Bloomington and Richfield'staffto determine composition 6fllie Aesthetic Design Review Committee~ confirm ,projectgoals, schedule, budget,parameters, and project approach, and discuss and gather other available background iriformation. 5. Meet with Aesthetic Design Review Committee to review aesthetic attributes from recent Lyndale Avenue improvements, the American Boulevard Bridge, 1-3 77TH Street improvements, and the 1-494 Aesthetic Design Guide to determine initial preferences for aesthetic treatments or themes. Also, review a range of examples of aesthetic treatments for project components from other projects to broaden the range of potential ideas. Discuss relative cost implications of various aesthetic treatments. 6.. Develop initial concept sketch alternatives for overall project area visual character with key project components reflecting initial preferences expressed at the first Aesthetic Design Review Committee meeting. Gather preliminary relative cost comparison information for the depicted aesthetic treatment alternatives. 7. Meet with Aesthetic Design Review Committee to review initial concept sketch alternatives of overall projectarea visual character with key project components and relative associated costs. This meeting will focus on the general overall character of the project area to establish a preferred direction for aesthetic design development of individual 'proj ect components. It is anticipated that representatives from MnDOT will be invited to this meeting to provide input and feedback relative to issues that affect the visual character ofI-494. K Develop conceptual design for preferred a.esthetic direction established at the .preceding Aesthetic Design Review'Committee meeting. Include concept sketches for all major project components. Develop concept level estimates for the additional costs for aesthetic treatments illustrated. 9. Meet with Aesthetic Design Review Committee to review concept design direction for overall project including a.ll major project components and associated costs. Detemiinechanges and refinements to be incorporated into the design. 10. Refine overall project design concept based on input from the preceding Aesthetic Design Review Committee meeting. Develop additional detail to the designs of the individual project components. Update cost estimates for the a~sthetic treatments. 11. Meet with Aesthetic Design Review Committee to review refined overall project design concept and individual project components, and cost estimates. Determine changes. and refinements to be incorporated into the final concept design. 12. Incorporate changes or refinements into final concept designs and update associated cost information based on input from the preceding Aesthetic Design Review Committee meeting. 13. Prepare report summarizing final aesthetic design guidelines, with concept sketches and cost information, to be used in preparing the construction drawings. AGENDA SECTION: AGENDA ITEM # REpORT # OTHER BUSINESS 8 99 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING APRIL 10, 2007 REpORT PREPARED By: STEVEN L. DEVICH, CITY MANAGER NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Authorize the City Manager to select Tom Scott of the Campbell Knutson law firm as replacement legal counsel with respect to the 66th Street and Portland Avenue condemnation matter. 1. RECOMMENDED ACTION: By Motion: Authorize the City Manager to retain Tom Scott of the Campbell Knutson law firm as the City's legal counsel with respect to Hennepin County District Court File No. 07-789 (66th & Portland Avenue condemnation matter). I II. B~KGWillID I . On December 12, 2006, the City Council authorized the City Attorney to initiate condemnation proceedings for the acquisition of right of way from four property owners for the 66th Street and Portland Avenue intersection project. The action has been commenced as Hennepin County District Court, File No. 07-789. . The City Attorney has informed the City that the law firm has a conflict of interest with respect to the pending condemnation matter. . After consultation with City staff, both the law firm and staff agree that in the interests of efficiently handling the case, it is in the City's best interest that Kennedy & Graven withdraw from handling the case and that substitute counsel be retained. . On March 27,2007, Kennedy & Graven officially withdrew from this condemnation case and the City Managerwas directed to retain substitute counsel on an interim basis. 0410sub Legal Counsel . On Monday April 2, 2007, the City Manager selected Tom Scott of the Campbell Knutson law firm as the interim legal counsel for this legal matter. . The City Council will be asked to approve the substitute counsel's contract at the April 1 0, 2007 City Council meeting or to provide direction to City staff regarding the selection of different legal counsel. The interim substitute counsel will remain in place until the City Council has approved the selection of substitute counsel. - . The potential conflict of interest exists only with respect to the parcels that are under condemnation in Case No. 07-789. Thus, Mr. Scott will represent the City only with respect to that case. Kennedy & Graven will continue to represent the City on acquisitions for other parcels. . Tom Scott serves as the City Attorney for the City of St. Louis Park and has represented that community as well as Plymouth, Burnsville, Monticello, Chanhassen and several other governmental entities in condemnation and other matters. Mr. Scott has no conflicts of interest in this matter and would charge the City $175/hr. for his services. I III. BASIS OF RECOMMENDATION I I A. POLICY I . It is in the City's interest to have the pending condemnation action handled efficiently, without duplication of efforts and free of any potential conflict of interest with its legal counsel. lB. CRITICAL ISSUES I . Kennedy & Graven has withdrawn as legal counsel on the pending condemnation case, effective upon the City's retention of substitute counsel. . Becausethe condemnation case is pending, it is important to retain substitute counsel at the earliest possible date. . Mr. .Scott has significant experience in handling condemnation on behalf of governmental entities and would provide the City with excellent representation. I C. FINANCIAL I . Kennedy & Graven will coordinate the transfer of the file to the selected substitute counsel at no charge to the City.- . Mr. Scott cost will be $175/hr. I D. LEGAL I . The substitution of counsel will allow the pending condemnation matter to proceed without delay. I IV. ALTERNATIVE RECOMMENDATION(S) . None. I V. ATTACHMENTS . Agreement. . Tom Scott resume. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None. ~--\ AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF RICHFIELD AND CAMPBELL KNUTSON, Professional Association TillS AGREEMENT, effective ,2007, by and between the CITY OF RICHFIELD, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association, a Minnesota corporation ("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as.follows: 1. ACCEPTANCE OF PROPOSAL. A. The Attorney shall furnish and perform the following legal services for the City: . Thomas M. Scott shall be the lead attorney handling this matter. B. The Attorney shall be engaged as an independent contractor .and not as a City employee. The Attorney is free to contract with other entities. 2. CONTRACT TIME. The Attorney shall serve at the pleasure of the City and may be terminated without cause by the City. 3. PAYMENT. A. The Attorney will bill the City monthly. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. Fees will be as follows: Attorneys - $175.00Ihour Legal Assistants/Law Clerks - $ 70.001hour 130551 I ~-1 B. Minimum Billing Increment: The minimum billing increment for all services is 2/1 Oths of an hour. C. Costs. Out-of-pocket costs without mark-up. Costs include: · Westlaw · recording fees · postage of 50~ or more · photocopies at 20~ per copy · litigation (court filing fees, expert witnesses, acquisitions, subpoenas, service of process, etc.) 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 5. MISCELLANEOUS. A. Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. B. Assignment. The Attorney may not assign or refer any of the legal services to be performed hereunder without the consent of the City. C. Effective Date. This Agreement shall be effective the day and year first above written. This Agreement shall not be modified or amended without the approval in writing of the parties. Dated: ,2007. Dated: ,2007. CITY OF RICHFIELD CAMPBELL KNUTSON Professional Association BY: BY: Debbie Goettel, Mayor Thomas M. Scott, Vice President AND Steven L. Devich, City Manager 130551 2 THOl\.IASM.. SCOTT EDUCA nON CITY ATTORNEY EXPERIENCE PRAcnCE AREAS PROFESSIONAl, MEMBERSHIPS REFERENCES City Clients 8--3 tscott@ck-Iaw.com 651-234-6218 J.D., cum laude, William Mitchell College of Law, 1978 B.A., University of Minnesota, 1974 St. Louis Park and Monticello Tom began his career as an attorney in private practice at the South St. Paul law firm of Grannis & Grannis. In 1986, he co-founded Campbell, Scott & Fuchs which later became Campbell Knutson. In addition to practicing general municipal law, Tom manages litigation for the firm's municipal clients, including condemnation, zoning and land use litigation, assessment appeals and code enforcement. Tom's past litigation experience has encompassed all areas from personal injury to municipal prosecution. Tom also regularly defends municipalities for the League of Minnesota Cities Insurance Trust (LMCIT). Minnesota State Bar Association HennepIn and Dakota County Bar Associations Sensible Land Use Coalition City Attorneys Eminent Domain Group Citizens League Minnesota Association of City Attorneys International Municipal Lawyers Association Please contact any of our public clients. Big Lake Scott Johnson, Administrator 763-263-2107 Braham Sally Hoy, Administrator 320-396-3383 Burnsville Craig Ebeling, Manager 952-895-4465 Cannon Falls KatWeen Miller, Administrator 507-263-3954 Ch~mhassen Todd Gerhardt, Manager 952-227-1119 Elko New Market Thomas Terry, Administrator Patricia Nutt, Clerk 952-461-2777 Falcon Heights Justin Miller, Administrator 651-644,.5050 Farmington Peter Herlofsky Jr., Administrator 651-463-1801 Hampton Timothy Skog, Mayor 651-347-8846 Lakeville Steve Mielke, Administrator 952-985-4401 Lindstrom John Olinger, Administrator 651-257-0620 Long Lake Steve Stahmer, Administrator 952-473-6961 Townships Insurance defense, land nse, and zoning BRAs and EDAs \Vatershed Management Organizations ~-i Monticello Jeff O'Neill, Administrator 763-271-3211 Orono Ronald Moorse, Administrator 952-249-4600 Randolph Sheila Ekstrom, City Clerk 507-263-3797 Zimmerman Dave Earenfight, Mayor 763-856-4666 Stillwater David Johnson, Board Member 651-731-0321 or 439-5448 Helena DeAnn Croatt, Clerk 952-758-4505 League of Minnesota Cities Tom Grundhoefer, General Counsel Doug Gronli, LMCIT Claims Manager Pete Tritz, LMCIT Director 651-281-1200 Cannon Falls Kathleen Miller, Director 507-263-3954 Lakeville Steven Mielke, Director 952-985-4401 St. Louis Park Housing Authority Tom Harmening 952-924-2500 Elm Creek Judie Anderson, Exec. Secretary 763-553-1144 Gun Club Lake Eric Macbeth 651-681-4300 Black Dog Terry Schultz, Administrator 952-895-4505 Mora Joel Dhein, Administrator 320-679-1511 Plymouth Laurie Ahrens, Manager 763-509-5051 St. Louis Park Tom Harmening, Manager 952-924-2500 Greenvale Edith Nelson, Clerk 952-652-2664 Stanton Elizabeth Top, Clerk 507-263-0578 Minnesota Ass'n of Townships Troy Gilchrist, Staff Attorney 612-497-2330 Chanhassen Todd Gerhardt, Director 952-227-1119 Farmington Peter Herlofsky, Jr., Director 651-463-1801 Pioneer- Sarah Creek Judie Anderson, Exec. Secretary 763-553-1144 Lower Mississippi River John Sachi, Acting Secretary 651-450-8733 " AGENDA SECTION: AGENDA ITEM # REpORT # OTIIER BUSTNESS q 100 ..... STAFF REpORT RICHfiELD CITY COUNCIL MEETING APRIL 10, 2007 REpORT PREPARED By: BRIAN YOUNG, UTILITIES SUPERINTENDENT NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: [)/ ri REVIEWED BY CITY MANAGER: . ITEM FOR COUNCIL CONSIDERATION: Informational presentation on the proposed plans for the replacement of the current meter readinQsvstemwith a radio read/drive-by system. 1. RECOMMENDED ACTION: No formal action is required at this time. Staff will discuss the proposed plans for the replacement of the current meter reading system with a radio read/drive-by system. I II. BACKGROUND I As part of the 2006 water/sewer revenue bond, $2,500,000 was identified to upgrade the meters and meter reading system. Information is being provided at the April 1 0, 2007 City Council meeting so the City Council will have the information needed for an April 24, 2007 award of contract for a new water reading meter system. . Richfield's current water meter reading system was installed in 1983-1985. This system requires a staff person to walk from house to house or business to business to obtain water meter readings. Replacement parts for this system are no longer available. New meter systems are now available which can be read with a receiver 0410meters .' in a vehicle as it drives past the indoor meter.. City staff will be available at the meeting to discuss the new technology and howresidents may be affected. The bid opening for the new system is scheduled for April 11, 2007 with final Council approval on April 24, 2007. I III. BASIS OF RECOMMENDATION I A. POLICY . None I B. CRITICAL ISSUES . None Ie. FrnANC~ I . $2,500,000 was identified as part of the 2006 water/sewer revenue bond to upgrade the meters and meter reading system. I D. LEGAL . None I IV. ALTERNATNE RECOMMENDATION(S) . None I V. ATTACHMENTS . None I VI. PRINCIPAL P ARTIESExpECTED AT MEETrnG . None