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07-10-07 agenda . . . CITY OF RICHFIELD, MINNESOTA TUESDAY, JULY 10,2007 ******************************************************************************************************* SPECIAL CITY COUNCIL WORKSESSION COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. AGENDA Call to order Roll call 5:30 - 6:00 p.m. 1. Discussion regarding proposed ordinance relating to enforcement of Housing Code (Council Memo No. 115) Notes: 6:00 - 6:10 p.m. 2. Discussion regarding multiple police calls to residence Notes: 6:10 - 6:15 p.m. 3. Discussion regarding recreational fires issues, policies and restrictions (Council Memo No. 116) Notes: Adjournment of Special Citv Council Worksession ******************************~************************************************************************ SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION CITY HALL EXECUTIVE CONFERENCE ROOM 6700 PORTLAND AVENUE 6:15 P.M. AGENDA Call to order Roll call 1. Attorney-client discussion related to airport litigation Adjournment of Special Citv Council Closed Executive Session ******************************~************************************************************************ REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE 7:00 P.M. e . . AGENDA INTRODUCTORY PROCEEDINGS . Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Worksession of June 26, 2007 and (2) Regular City Council Meeting of June 26, 2007 PRESENTATIONS 1. Swearing-in of Richfield Police Officer Ryan Jensen 2. Annual meeting with Community Services Commission Notes: . COUNCIL DISCUSSION 3. Council discussion . Hats Off To Hometown Hits 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 in support of 2007 Special Legislative Session to consider Omnibus Tax Bill SR. No. 183 B. Consideration of approval of resolution affirming activity-friendly commitments in City of Richfield by community leaders and elected officials with intention of City of Richfield to become a "Governor's Fit City" SR. No. 184 C. Consideration of approval of cooperative agreement for funding and demolition of 1710 78th Street East and 7214 Cedar Avenue with Richfield HRA SR. No. 185 D. Consideration of approval of award of contract to Advantage Coating to provide mechanical polished concrete and fluid applied flooring for new Richfield Maintenance Facility in amount of $30,106 S.R. No. 186 e . . Notes: . 6. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARINGS 7. Conduct and continue public hearing and second reading of transitory ordinance authorizing sale of excess right-of-way real property at 6544 Portland Avenue for right- of-way purposes to July 24, 2007 Staff Report No. 187 Notes: 8. Conduct and continue public hearing and second reading of transitory ordinance authorizing sale of excess right-of-way real property at 6545 Portland Avenue for right- of-way purposes to July 24, 2007 Staff Report No. 188 . Notes: RESOLUTIONS 9. Disciplinary hearings regarding resolutions imposing civil enforcement on establishments in Richfield that underwent alcohol compliance check conducted by Richfield Public Safety staff and failed by selling alcohol to underage youth Staff Report No. 189 Notes: 10. Summary report of City Manager's annual performance evaluation and consideration of resolution adjusting City Manager compensation for 2007 Staff Report No. 190 Notes: CITY MANAGER'S REPORT . 11. City Manager's report e . . Notes: . 12. 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: 13. Adjournment of Reaular City Council Meetina ***************************~****************************~********************************************** SPECIAL CITY COUNCil WORKSESSION COUNCil CHAMBERS 6700 PORTLAND AVENUE IMMEDIATELY FOllOWING REGULAR CITY COUNCil MEETING AGENDA Call to order . Roll call 1. Discussion regarding parking on 7600 block of Aldrich Avenue (Council Memo No. 117) Notes: 2. If necessary, continued discussion regarding recreational fires issues, policies and restrictions Notes: Adjournment of Special City Council Worksession 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. . e . . . . . AGENDA SECTION: AGENDA ITEM # REPORT # CONSENT ')A lR1 STAFF REpORT CITY COUNCIL MEETING JULY 10,2007 REpORT PREPARED By: STEVEN L. DEVICH, CITY MANAGER NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: Ii ;1 ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution calling for 2007 Special Session to consider the Omnibus Tax Bill. I. RECOMMENDED ACTION: By Motion: Adopt a resolution in support of a 2007 Special Legislative Session to consider the Omnibus Tax Bill I II. BACKGROUND I The Minnesota Legislature considered several tax matters during the 2007 Regular Session. In the end, the 2007 Omnibus Tax Bill (H.F. 2268) was passed by the Legislature and forwarded to the Governor for signature. Governor Pawlenty vetoed the Omnibus Tax Bill and further indicated support for tax levy limits that constrict the ability of municipalities to generate revenue for desired municipal services. The 2007 Omnibus Tax Bill included several important provisions, including: . homestead property tax refunds; . increases in local government aid, which would benefit cities, counties and townships; . veterans' benefits; . higher education tuition deductions; and . incentives for farm and business expansion. 0710taxbill e . . . . . Several municipalities, principally a group of Mayors, are urging that a Special Session of the Legislature be convened by the Governor to provide for further consideration of the tax bill. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The annual tax bill is of critical importance to municipalities, such as Richfield, as it determines levels of funding provided to cities. . Many cities are seeking further consideration of the 2007 tax bill because they believe that the Omnibus Tax Bill would be of great benefit to taxpayers of Minnesota, especially property tax payers. I B. CRITICAL ISSUES I . It is critical for the Governor to call a Special Session as soon as possible to provide for more discussion of the tax bill. Cities are now in the process of preparing their budgets and State aids are critical to those deliberations. I c. FINANCIAL I . The Omnibus Tax Bill included provisions that would give Richfield considerably more Local Government Aid (LGA) for 2008 and would provide for actions that would stabilize the LGA allotments to cities from year to year. I D. LEGAL . None I IV. ALTERNATIVE RECOMMENDATION(S) I . The City Council could decide not to support this resolution I V. ATTACHMENTS . Resolution. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None . . . 5A-1 RESOLUTION NO. . RESOLUTION IN SUPPORT OF A 2007 SPECIAL LEGISLATIVE SESSION TO CONSIDER THE OMNIBUS TAX BILL WHEREAS, the Minnesota.Legislature, in its 2007 regular session, passed the 2007 Omnibus Tax Bill (House File No. 2268); and; WHEREAS, the Omnibus Tax Bill contained provisions, including: . homestead property tax refunds . increases in local government aid, which would benefit cities, counties and townships . veterans' benefits . higher education tuition deductions . incentives for farm and business expansion; and; WHEREAS, the regular legislative session of the 2007 Legislature has now ended; and' . , . WHEREAS, the Omnibus Tax Bill was vetoed by Minnesota Governor Tim Pawlenty on May 30, 2007, and the Governor has indicated support for tax levy limits which constrict the ability of municipalities to generate revenue for municipal services; and; WHEREAS, enactment of the Omnibus Tax Bill would be a great benefit for the taxpayers of Minnesota, especially property taxpayers; and; WHEREAS, a special legislative session, if convened, would permit further discussion and possible enactment of the Omnibus Tax Bill. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota that this Council requests that the Governor of the State of Minnesota, Tim Pawlenty, convene a special legislative session without delay to enact the 2007 Omnibus Tax Bill. AND BE IT FURTHER RESOLVED by the City Council of the City of Richfield, Minnesota that this Council urges the Governor and State Legislature to not impose limits on municipal tax levys. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of July 2007. Debbie Goettel, Mayor ATTEST: . Nancy Gibbs, City Clerk . . . . . . AGENDA SECTION: AGENDA ITEM # REPORT # Consent 5B 184 STAFF REPORT RICHFIH.p , + , i~ , CITY COUNCIL MEETING JULY 10, 2007 REPORT PREPARED By: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME. TinE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: 181 REVIEWED BY CITY MANAGER: GY ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution affirming the City of Richfield's intention to become a "Governor's Fit City." I. RECOMMENDED ACTION: By Motion: Approve and adopt the attached resolution affirming activity-friendly commitments in the City of Richfield by community leaders and elected officials with the intention of the City of Richfield to apply to become a "Governor's Fit City." I II. BACKGROUND I Any Minnesota city can apply to be designated as a Governor's Fit City. A city in Minnesota that support s and encourages its residents to be more physically active may be designated as a Governor's Fit City. Each city that is designated as a Governor's Fit City will receive a recognition plaque to be displayed within the city. In addition, information on each Governor's Fit City will be posted on the Minnesota Department of Health website. The purpose of the Governor's Fit City Program is to recognize Minnesota cities that are committed to creating and maintaining a city environment supportive of active living. A Minnesota city making this commitment is providing opportunities for 0710 Resolution Governor's Fit City Designation . . . . physical activity to people that live, work and play within the city. These opportunities allow people to make the choice to be more physically active. Physical activity improves nearly each aspect of a person's health. Therefore, the Governor's Fit City Program will contribute to improving the health of people in Minnesota. A city must meet two required criteria and at least five of the eight optional criteria. Required criteria: . City must adopt a resolution affirming activity-friendly commitments by city leaders and elected officials. . City agrees to advertise and display "Fit City" designation. . Optional criteria: (must meet at least five of these eight criteria) . City has a worksite wellness (active living) policy for city employees. . City demonstrates capacity to measure and report measurable change in physical activity awareness and activity in order to maintain Fit City designation. . City maintains and develops walkability capacity and locations that are easily accessed by residents, workers, and visitors. . City commits to maintain and develop recreation areas, parks, playgrounds, and playfields. . City commits to maintain or develop at least one indoor facility - public or private - available for cold season activity that is open and accessible to all ages. . City partners with community-wide organizations dedicated to specific or general activities which support physical activity. . City promotes or sponsors at least one event or activity as part of the city's annual commitment to fitness. . City commits to building community awareness about locations, services, and organizations dedicated to fitness/physical activity. At their May 21,2007, Richfield Advisory Board of Health meeting, members approved a resolution that could be carried forward to the Richfield City Council for approval and adoption. The Richfield Advisory Board of Health believes it is very important to promote physical activity within the community and plans to partner with not only Parks and Recreation and the Community Services Commission, but to also collaborate with other organizations and agencies within the City. This collaboration will result in an awareness of ways in which to promote and increase overall healthier and active living for the people who live, work and play in Richfield. . I III. BASIS OF RECOMMENDATION I I A. POLICY I · One of the required criteria of the Program is that the City must adopt a resolution affirming activity-friendly commitments by city leaders and elected officials. . . . . . . lB. CRITICAL ISSUES I . The Governor's Fit City Program requires that the two required criteria and at least five (5) of the eight (8) optional criteria, be met in order to be considered a "Fit City." I C. FINANCIAL . N/A I D. LEGAL . N/A I IV. AL TERNA TIVE RECOMMENDA TION( S) I · The City Council could decide not to approve and adopt a resolution affirming activity-friendly commitments, which would mean that Richfield could not apply to become a Governor's Fit City. I V. A TT ACHMENTS . Resolution No. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None . . . . . . S8-1 RESOLUTION NO. RESOLUTION AUTHORIZING THE APPROVAL AND ADOPTION OF A RESOLUTION THAT AFFIRMS ACTIVITY-FRIENDLY COMMITMENTS AND BE DESIGNATED AS A GOVERNOR'S FIT CITY IN THE STATE OF MINNESOTA WHEREAS, active living is a way of life that integrates physical activity into daily routines. The goal is to accumulate at least 30 minutes of activity each day. Individuals may do this in a variety of ways such as, walking or bicycling for transportation, exercise or pleasure; playing in the park; working in the yard; taking the stairs; and using recreation facilities; and WHEREAS, The City of Richfield affirms the following activity-friendly commitments as required by the Governor's Fit City Program: . Having a worksite employee wellness program. . City commits to maintain recreation areas, parks, playground and playfields. . City maintains and develops walkability capacity and locations that are easily accessed by residents, workers and visitors. · City commits to maintain at least one indoor facility - public or private - available for cold season activity, which is open and accessible to all ages. . City partners with other agencies/organizations to support physical activity. · City promotes or sponsors at least one event or activity as part of the City's annual commitment to fitness. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield that the City of Richfield is committed to providing an activity friendly community to its residents. BE IT FURTHER RESOLVED, that the City Council hereby authorizes the application for The Governor's Fit City Program. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of July 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk . . . . . . AGENDA SECTION: AGENDA ITEM # REPORT # r.onSf'nt Sr. ]RS ...... STAFF REPORT RICHFIELD CITY COUNCIL MEETING JULY 10, 2007 REPORT PREPARED By: CHRISTINE COSTELLO, COMMUNITY DEVELOPMENT SPECIALIST NAM/:', TilL/:' COUNCIL PRESENTER: ACTING DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: yr~ ~ ITEM FOR COUNCIL CONSIDERATION: Consideration of a Cooperative Agreement for Funding and Demolition of 1710 78th Street East and 7214 Cedar Avenue with the Richfield Housinq and Redevelopment Authority. 1. RECOMMENDED ACTION: By Motion: Approve Cooperative Agreement for Funding and Demolition of 1710 78th Street East and 7214 Cedar Avenue with the Richfield Housing and Redevelopment Authority. I II. BACKGROUND I The City owns the property at 1710 78th Street East, formerly known as the Normark Building. In March 2007 the Lease Agreement with the former tenant, Metro Sales, was terminated due to the growing intensity of mold within the building and the expense of remediation. Since the lease termination, the building has been vacant. The building at 7214 Cedar Avenue is owned by the Housing and Redevelopment Authority (HRA). The building has been vacant since August 2006. Over the years the building has fallen into disrepair beyond normal building maintenance (i.e., roof leaking and exterior wall deterioration). Neither property is part of a redevelopment project. 071007-Coop Agreement_1710 78th and 7214 Cedar . . . . In March 2007 both the City Council and HRA approved Peer Engineering, Inc. (Peer) to write the demolition specifications for both properties, since the buildings are no longer viable spaces to rent or lease. The demolition specifications covering all aspects of the work (i.e. earthwork, backfilling, grading, and seeding) have been completed and the process for contracting the demolition work is prepared to move forward. The reason to have the City spearhead the demolition work for both properties under a Cooperative Agreement for Funding and Demolition (Cooperative Agreement) is to ensure that competitive bids are received. Larger projects typically attract more competitive bids. In addition, combining the bids saves on administrative costs. The Cooperative Agreement for the parcels addresses the plans and specifications, payment, and right of entry. The work cannot proceed as proposed without the City Council and HRA's approval of the Cooperative Agreement. The HRA is scheduled to consider the Cooperative Agreement at its regular meeting on July 16, 2007. Advertisements for bids will be published in the Construction Bulletin on July 16, 2007 and the Sun Current Newspaper on July 19, 2007. The bid opening is proposed to be held on August 2, 2007 and site clearance should substantially be completed by mid-September 2007. . I III. BASIS OF RECOMMENDATION I I A. POLICY I . A Cooperative Agreement with the HRA is necessary for site clearance to be undertaken by the City on HRA-owned property. . Minnesota Statutes, Chapter 469 and 471, set forth the requirements for letting contracts. . In March 2007 the HRA and City Council approved Peer to write the demolition specifications for the properties that they respectively own. I B. CRITICAL ISSUES I . Not completing the demolition work of the two properties would cause the buildings to fall into further disrepair and cost both the City and HRA additional funds to maintain the structures. . The City and HRA will still continue ownership of their respective properties. After demolition is complete both parcels will be seeded and all viable landscaping and trees will remain on the sites. . The City and HRA will receive competitive bids if the City and HRA enter into the Cooperative Agreement. . I C. FINANCIAL I . The demolition work for 1710 78th Street East (City Parcel) will be paid for using MSA funds because the property was purchased for the 77th Street project. The funds for the demolition of 7214 Cedar . . . . . . Avenue (HRA parcel) have been identified in the 2007 Revised Budget in the Development Opportunities fund. ID. LEGAL I . Legal counsel prepared the Cooperative Agreement and reviewed the demolition specifications written for the properties by Peer. I IV. ALTERNATIVE RECOMMENDATION(S) I . Do not approve the Cooperative Agreement for Funding and Demolition of 1710 78th Street East and 7214 Cedar Avenue with HRA. . Require the HRA to undertake site clearance for its own property and the City for its own property. This option would delay the commencement of site clearance. I V. ATTACHMENTS . Cooperative Agreement I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A . . . 5[/( . COOPERATIVE AGREEMENT FUNDING AND DEMOLITION OF 1710 78th STREET EAST AND 7214 CEDAR AVENUE SOUTH Hennepin County, Minnesota This Agreement is entered into by and between the City of Richfield, a home rule charter city and political subdivision of the State of Minnesota ("City") and the Housing and Redevelopment Authority ('.'HRA") in and for the City of Richfield, Minnesota, a public body corporate and politic of the State of Minnesota with powers set forth at Minnesota Statutes, Chapter 469 and other laws (together, the "parties"). The purpose of the Agreement is, through exercise the authority conferred by Minnesota Statutes Section 471.59, to provide for the coordinated demolition of certain properties located at 1710 78th Street East (the "City Parcel"), and 7214 Cedar A venue South (the "HRA Parcel"), and to address matters pertaining to the bidding, contracting and financing of the demolition work. 1. The Property. The Property consists of the separate parcels of land described In the attached Exhibit A. e Exhibit A also contains the location and ownership of each parcel. 2. The Work. The Work consists of the demolition of the improvements located on the Property and includes all environmental remediation and utility disconnection as provided for in the approved plans and specifications for the Work. The Work will be ordered, contracted and overseen by the City. 3. Plans and Specifications and Other Documents. Not later than Effective Date of this Agreement, the City shall cause to be prepared detailed plans and specifications covering all aspects of the demolition of the improvements located on the Property. Once the plans and specifications have been prepared for the HRA Parcel, the HRA shall review and comment on such proposed plans and specifications. Approval by the HRA will constitute acceptance of such proposed plans and specifications. In addition to the plans and specifications, the City will prepare all bid and contract documents necessary for the Work. Such documents, must provide that the contractor will segregate in the bid and in the pay requests the costs and expenses for each of the two parcels, in such a manner as to allow the HRA and the City to accurately determine: (i) the portion of the bid amount allocable to the HRA parcel and allocable to the City parcel; and (ii) the portion of the actual payments allocable to the HRA parcel and allocable to the City parcel. . 313138v2 1I3D RC125-1 JBD-280959vl . . . . . . 5C/ :J- 4. Payment. The contracts for the Work may provide for progress payments, or for a lump sum payment at the completion of the Work. The City shall be responsible for making all payments under the contracts for the Work. Provided, that the BRA shall have _ days from the date that it is provided the invoice for the portion of the Work allocable to the BRA Parcel to pay such amount to the City. The BRA represents and warrants to the City that it has sufficient funds immediately available and reserved for making all payments required to be made by it under this Agreement. The City shall provide the HRA with evidence showing that payment of such amounts has been made to the contractor. 5. Right of Entry. The HRA hereby grants to the City, its agents, employees, contractors and invitees the right to enter upon the HRA parcel, for the purpose of carrying out the activities described in paragraph 2 above. As additional consideration for such right of entry, the City agrees to: (a) Permit the BRA's employees or consultants retained by the BRA to be present during the time any work is being done by the City under this Agreement. (b) Provide a copy of all test results, surveys and reports prepared by the City, or consultants or contractors evaluating the conditions present on the HRA parcel to the BRA as soon as reasonably possible following final completion thereof. (c) Dispose of all solid waste generated during the course of the City's activities on the BRA parcel. (d) Do the work in the shortest period time reasonably necessary to complete such activities authorized under this Agreement. (e) Use the HRA parcel only for the purposes described herein and not park or store any equipment thereon, except during the limited pedods of time when the work under this Agreement is actually in progress. (f) Do no unnecessary damage to the BRA parcel. (g) Hold the HRA harmless from and indemnify it from any and all claims, damages, judgments or obligations, including the cost of defense of suit, arising out of damage to BRA parcel or arising out of injury to anyone incurred or alleged to have been incurred in connection with or as a result of any work done pursuant to this Agreement, or as a result of the City's intentional torts or negligence. (h) Fully pay and satisfy any claims for payment for work done on the BRA parcel and indemnify and, subject to the BRA's obligations hereunder, hold harmless Richfield 313138v2 18D RC125-1 JBD-280959v I 2 e . . . . . 5C,) from any claims based on failure to fully pay such claims. (i) The City's contractors which enter the HRA parcel pursuant to a contract to perform the Work and this Agreement shall carry insurance during the time any work is done on the HRA parcel in amounts and in coverages acceptable to the HRA. U) If the City removes a sample or portion of the HRA parcel, or improvements located thereon, for investigation, monitoring or testing or obtains any data or issues any report, it must give the HRA an equal amount of the sample or portion and a copy of any data or report, and must permit the HRA to perform an independent investigation, monitoring, or testing of the sample or portion. 6. Effective Date. The Agreement is effective when fully executed by the parties. 7. Notices. Any written communication required under this Agreement shall be addressed to the other parties as follows, except that any party may change its address for notice by so notifying the other parties in writing: To the City: City Manager 6700 Portland Avenue South Richfield, MN 55423 To the Housing and Redevelopment Authority (HRA): Executive Director Housing and Redevelopment Authority in and for the City of Richfield, Minnesota 6700 Portland Avenue South Richfield, MN 55423 8. Waiver. A party's failure to insist on the strict performance of any obligation under this Agreement, or to exercise any option, remedy or right herein, will not waive or relinquish that party's right in the future to insist on strict performance of that or any other obligation. A party's waiver of a breach of an obligation of this Agreement will not be construed as a waiver of any subsequent breach of that or any other obligation. A waiver must be in writing and signed by the party. 313138v2 JBD RC125-1 JBD-280959vl 3 e . . 5c/1 . 9. Venue and Jurisdiction. This Agreement shall be construed under and governed by the laws of the State of Minnesota. The appropriate venue and jurisdiction for any legal action hereunder shall be Hennepin County, Minnesota. IN WITNESS WHEREOF, intending to be legally bound, the parties hereto execute and deliver this Agreement. CITY OF RICHFIELD: Housing and Redevelopment Authority in and for the City of Richfield, Minnesota: By: Its: By: Its: Chairperson Mayor City Manager By: Its: Executive Director By: Its: . STATEOFMINNESOTA) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2007, by Debbie Goettel and Steven L. Devich, the Mayor and City Manager, respectively, of the City of Richfield, a public body corporate and politic under the laws of Minnesota, on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2007, by Suzanne M. Sandahl the Chair, respectively, of the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (HRA), a public body corporate and politic under the laws of Minnesota, on behalf of the HRA. . 313138v2 JBD RC125-1 JBD-280959vl 4 e . . . . . / 5C,~ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2007, by Steven L. Devich, the Executive Director, respectively, of the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (HRA), a public body corporate and politic under the laws of Minnesota, on behalf of the HRA. Notary Public DRAFTED BY: Kennedy & Graven, Chartered (lBD) 200 South Sixth Street, Suite 470 Minneapolis, MN 55402 (612) 337-9300 313138v2 JBD RC125-1 JBD-280959vl 5 e . . . . . st.;/p EXHIBIT A LEGAL DESCRIPTION City Parcel 1710 78th Street East, Richfield, Minnesota That part of the North 180.26 feet of the South Half of the Southeast Quarter of the Southeast Quarter of Section 35, Township 28, Range 24, lying east of the West 722 feet thereof, except that portion thereof contained in the following described tract, to-wit: Beginning at a point in the East line of said Section 35, 383 feet NOlih of the Southeast corner of said Section 35, 158 feet, thence West parallel with the East line of said Section 35, 150 feet; thence East parallel with the South line of said Section 35,158 feet, thence South along the East line of said Section 35,150 feet to the point of beginning. Together with all rights in and to any and all streets and alleys adjacent thereto, vacated or to be vacated, and together with any and all appurtenant easements, Hennepin County, Minnesota. HRA Parcel 7214 Cedar Avenue South, Richfield, Minnesota The South 70 feet of the North 260 feet of Outlot One, Elder Grove Fourth Addition, Hennepin County, Minnesota. 313138v2 JBD RC125-1 JBD-280959vl A-I . . . . AGENDA SECTIOl'\: C:onsent AGENDA ITEM # 'lD REpORT # 1 Rfi STAFF REpORT CITY COUNCIL MEETING JULY 10, 2007 REpORT PREPARED By: RANDY HUGHES, OPERATIONS SUPERINTENDENT NAME. TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: EI . REVIEWED BY CITY MANAGER: ~ ITEM FOR COUNCIL CONSIDERATION: Consideration of the award of contract to furnish concrete floor treatments for new Maintenance Facility. I. RECOMMENDED ACTION: By Motion: AV\fard a contract to Advantage Coating in the Amount of $30,106.00 to provide mechanical polished concrete and fluid applied flooring for the new Richfield Maintenance Facility. I II. BACKGROUND I On April 26, 2007 bids were opened for 26 bid packages for the New Maintenance Facility. The bid package for Fluid Applied Flooring received only one bid which was not a complete bid and rejected at the June 12,2007 Council Meeting. Since the estimated cost of the work was less than $50,000.00, requests for proposals were distributed to four company's and proposals were received on June 12, 2007. The lowest proposal was from Advantage Coating at $30,106.00. . I III. BASIS OF RECOMME1\TDA TION I A. POLICY 071007flooring . . . . . . . The City can contract up to $50,000.00 by soliciting proposals without going through a formal bid process. I B. CRITICAL ISSUES I . Advantage Flooring was interviewed and bid the work as specified. I C. FINANCIAL I . Funding is available for the contract. I D. LEGAL I . All contracts or purchases in excess of $25,000 require council approval. I IV. ALTERNATIVE RECOMMENDATION(S) . Council may choose to reject all proposals and direct staff to send out more request for proposals I V. A TT ACHMENTS . Memo from Nancy Schultz. . List of proposals and amounts. . Total Project Budget. I VI. PRINCIP AL PARTIES EXPECTED AT MEETING . None . . . . . . Sb/l ) SEH June 28, 2007 To: Richfield City Council From: Nancy Schultz, AlA Short Elliott Hendrickson Re: New Maintenance Facility Bid Recommendations for Approval and Summary The Post Bid Interview has been performed and SEH recommends that the following Trade Contractor and Amount be approved for the New Maintenance Facility project: Bid Package Polished Concrete and Fluid Applied Floors Trade Contractor Advantage Coating, Inc. Amount $30, I 06 Four bidders submitted quotations for the Request for Proposals, which was sent to them via e-mail on May 30,2007. Quotations were due on June 12,2007. The estimate for this scope of work was $45,000. Upon approval of this Trade Contractor, all of the Trade Contractors will have been approved for the New Maintenance Facility Project. The Total Project Budget, based on the Contract Amounts through June 28, 2007, is $12,900,000, as shown on the attached documents. If there are any questions on the information addressed, please contact me or Stan Kaczmarek with GCI at your convemence. Very truly yours, Nancy Schultz, AlA Attachments: Total Project Budget Breakdown Bid Summary Spreadsheet . . . Bid Recommendations for Approval . CilV Of Richfield New Maintenance FacililV 6/28/2007 . Contract Bid Packaae DescriDtion Amount BIDDER 03000 Concrete $ 1,384,840 Northland Concrete 03410 Precast $ 1,557,000 Hanson Precast 04000 Masonry w/Concrete Northland Concrete 05000 Steel $ 892,778 Thurnbeck Steel 06000 General Trades $ 202,700 Kellinaton Construction 07515 Built-up Roofing $ 562,300 B.L. Dalsin 08300 Overhead Doors 1 $ 70,500 GaraQe Door Store 08400 Alum. Entrances, windows, Glass $ 344,720 W.L.Hall 09200 Gypsum Board Systems $ 120,000 M. Reinert Drvwall 09300 Tilina 2 $ 64,767 Grazzini Brothers 09500 Acoustical Panel Ceilings $ 23,850 Twin Citv Acoustics 09670 Fluid Applied Floorina $ 30,106 Advanlaae Coalina 09680 Carpetina $ 44,845 St. Paul Linoleum 09910 Paintina $ 131,000 Steinbrecher 10510 Metal Lockers $ 22,500 J.F. Equipment 12300 Casework $ 66,865 Northern Woodwork 14200 Hvdraulic Elevator $ 57,867 Schindler Elevator 14240 Freiaht Elevator $ 324,156 Minnesota Elevator 14450 Vehicle Lifts $ 55,426 Automotive Resources 14600 Overhead Cranes $ 45,000 Superior Crane 21000 Fire Protection $ 148,900 Brothers Fire 22000 Plumbina $ 753,400 Master Mechanical 23000 HVAC $ 1,169,000 Master Mechanical 26000 Electrical $ 898,000 C&S Electric 31000 Sitework and Utilities $ 397,425 Ramsev Excavating 32000 Pavina $ 176,885 Bituminus Roadwavs 32800 Irriaation and Landscaping $ 59,900 North Metro Landscapina General Conditions $ 864,000 Gundlach Champion Insurances $ 52,000 Gundlach Champion Subtotal = $ 10,520,730 Continaencv $ 764,270 CM Fee $ 295,000 Gundlach Champion Total Construction Cost = 0,000 Budget Additional Project Costs Amount Permits $ Professional Fees $ 840,000 Reimbusables $ 130,000 Voice/Data/Cabling w/Electrical Owner Furnishings $ 250,000 Property Acquisition $ 100,000 Total Project Budget = 11$ 12,900,000 II . Post Bid Clarification Key Item # DescriDtion Recommended Bid Packages for Approval Page 1 of 1 6D-~ . . . 5b~J . City of Richfield New Maintenance Facility Total Project Budget Breakdown: 6-28-01 Description Building Cost w/ Sitework $10,520,730 Construction Contingency $ 764,270 Construction Management Fee $ 295,000 Sub Total Construction $11,580,000 Professional Fees $ 840,000 . Reimbursables $ 130,000 Voice/Data/Cabling in bids Owner Furnishings $ 250,000 Property Acquisition $ 100,000 TOTAL PROJECT BUDGET $12,900,000 . ~_,~~~_2!l~t.~~~~2~*X~'~~~]'ID'M~~~'=<<+Me~A~_~~_,~.~._,~,~.* ~ WN '-'="'=_'2<'>2< GUNDLACH CHAMPION _"~m'w~~>>$""._""'''Alt~g~th~76.ift~~;nt- . . f . . e . Rlffif;lEED AGENDA SECTION: AGENDA ITEM # REPORT # Public Hearings 7 187 STAFF REpORT CITY COUNCIL MEETING REpORT PREPARED By: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ ri REVIEWED BY CITY MANAGER: JULY 10, 2007 KRISTIN ASHER, ASSISTANT CITY ENGINEER NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Conduct and continue the second reading and public hearing ot a Transitory Ordinance authorizing the sale ot excess right-ot-way real property at 6544 Portland Avenue. 1. RECOMMENDED ACTION: By Motion: Conduct and continue the second reading and public hearing ot the Transitory Ordinance authorizing the sale ot excess right-ot-way real property at 6544 Portland Avenue tor right-ot-way purposes to July 24, 2007. BACKGROUND I A public hearing to consider a transitory ordinance authorizing the sale ot excess right-ot-way real property at 6544 Portland Avenue tor right-ot-way purposes was scheduled and legal notice was given. However, such an ordinance may not be approved by Council until the Planning Commission tinds it is consistent with the Comprehensive Plan. In order to be consistent, the Comprehensive Plan will need to be amended by the Planning Commission on July 23,2007. The public hearing, therefore, will need to be continued to the July 24th Council Meeting. I III. BASIS OF RECOMME~T})ATION I II. 0710pubhr6544Portland e . . . . . IA. POUCy I . The Planning Commission must find a Transitory Ordinance to be consistent with the City's Comprehensive Plan before it is approved by the City Council. I B. CRITICAL ISSUES I . The Comprehensive Plan must be amended at the Planning Commission on July 23,2007 before the City Council approves the Second Reading and Public Hearing on July 24, 2007. I C. FINANCIAL . N/A I D. LEGAL . N/A I IV. ALTERNATIVE RECOMMENDATION(S) . N/A Iv. A TT ACHMENTS . N/A I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A e . . . . . AGENDA SECTION: AGENDA ITEM # REpORT # Public Hearings 8 188 STAFF REpORT RIGHHEI.:.[jf CITY COUNCIL MEETING JULY 10, 2007 REpORT PREPARED By: KRISTIN ASHER, ASSISTANT CITY ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~. Ei. REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Conduct and continue the second reading and public hearing of a Transitory Ordinance authorizinq the sale of excess riaht-of-way real property at 6545 Portland Avenue. I. RECOMMENDED ACTION: By Motion: Conduct and continue the second reading and public hearing ot the Transitory Ordinance authorizing the sale ot excess right-ot-way real property at 6545 Portland Avenue tor right-ot-way purposes to July 24,2007. BACKGROUND I A public hearing to consider a transitory ordinance authorizing the sale of excess right-of-way real property at 6545 Portland Avenue for right-of-way purposes was scheduled and legal notice was given. However, such an ordinance may not be approved by Council until the Planning Commission finds it is consistent with the Comprehensive Plan. In order to be consistent, the Comprehensive Plan will need to be amended by the Planning Commission on July 23, 2007. The public hearing, therefore, will need to be continued to the July 24th Council Meeting. I III. BASIS OF RECOMMENDATION I II. 0710pubhr6545Portland e . . . . . IA. POLICY . The Planning Commission must find a Transitory Ordinance to be consistent with the City's Comprehensive Plan before it is approved by the City Council. I B. CRITICAL ISSUES . The Comprehensive Plan must be amended at the Planning Commission on July 23, 2007 before the City Council approves the Second Reading and Public Hearing on July 24,2007. I C. FINANCIAL . N/A I D. LEGAL . N/A I IV. ALTERNATIVE RECOMMENDATION(S) . N/A Iv. A TT ACHMENTS . N/A I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A e . . . AGENDA SECTION: AGENDA ITEM # REPORT # Resolutions Sl l~Sl ~ STAFF REpORT RICHEIELD ~ r~ : ( , , , , CITY COUNCIL MEETING JULY 10,2007 REpORT PREPARED By: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TIT/./:" DEPARTMENT DIRECTOR REVIEW: :A REVIEWED BY CITY MANAGER: . ITEM FOR COUNCIL CONSIDERATION: Council consideration of a disciplinary hearing and resolutions regarding civil enforcement for alcohol establishments in Richfield that recently underwent alcohol compliance checks conducted by Richfield Public Safety staff, and failed by selling alcohol to underage youth. I. RECOMMENDED ACTION: By Motion: Conduct a disciplinary hearing for the establishments that failed alcohol compliance checks and approve the attached resolution for the first time violating establishments: · Suspending the license to sell alcohol for five (5) consecutive days, and; · Levying a fine against the establishments in the amount of $1,000 and; · Requiring a meeting with the Public Safety Director to present an individual establishment plan to ensure eliminating any future actions of this kind, and; . Requiring a manager to attend an alcohol-compliance and sales awareness presentation conducted by a private firm approved by Public . Safety with all costs to be paid by the establishment. 0710 Disciplinary Action for Alcohol Compliance Failures . . . I II. BACKGROUND I On April 13, 2007, Richfield Public Safety staff conducted alcohol compliance checks at all of Richfield's alcohol establishments, assisted by three underage youth that were 19 years of age. These compliance checks were the first compliance checks conducted in 2007. Richfield Public Safety staff made arrangements for the minors to enter the establishments with undercover police officers. In two instances, an underage youth was served alcohol. In both cases, the server was over 18 years of age. The businesses that made a sale to an underage youth on April 13, 2007 are: . Noodles and Company - 7630 Lyndale Avenue South . VFW - 6715 Lakeshore Drive . This is a first offense for Noodles and Company. This is a first offense for the VFW. Technically, it is a fourth violation, but because of the time that has elapsed between now and the previous violations on July 15, 1999, August 8, 2000, and November 9, 2004, it would count as a first violation. At no time did any of the minors consume any of the alcohol. The youth presented their IDs and at no time attempted to convince anyone that they were of legal age. Establishments were visited at a variety of times, busy or not busy, in an effort to determine if busy times produced more successful buys. It doesn't appear to have made a difference at either time. . After each attempt, successful or unsuccessful, the officers identified themselves to the clerks and issued them a citation if they failed. If the underage youth was unsuccessful in securing alcohol, the clerk was congratulated by officers for doing a good job. The employee that sold alcohol will be charged criminally in court. The action being taken today is for civil enforcement and penalties against the businesses that hold a license to sell alcohol within the City. The fines being recommended at this time are intended to recover 100% of the costs for conducting the compliance checks and to penalize the businesses punitively. Compliance checks will continue to occur in the future. It is also recommended that 15% of the punitive fines be designated for future alcohol and tobacco education efforts within the community. . I III. BASIS OF RECOMMENDATION I I A. POLICY I . Resolution NO.9511 specifies certain improper conduct of alcohol license holders and delineates the progressive discipline that can be expected when violations occur, such as the sale of alcohol to minors. . Staff recommends that the City Council suspend each of the first time violating establishment's license to sell alcohol for five (5) consecutive days and levy a fine against the establishment in the amount of $1,000 for the first violation. Staff is also proposing that each of the first time violating establishments attend a mandatory meeting with the Public Safety Director to present their individual establishment's plan to ensure eliminating any future actions of this kind. In addition, one employee, preferably the manager, must attend a mandatory alcohol and sales awareness training session, provided by a private firm approved by Public Safety. The cost of the training is to be paid for by the establishment. . . . . . . I B. CRITICAL ISSUES I . It is a violation of Minnesota State Statute and City ordinance to sell alcohol to underage youth. . Civil enforcement penalties taken in the past by the City Council against several establishments have been severe. This was done to send a message to the establishments and the community that the Council will not tolerate this type of violation to continue in the community and that Richfield youth and their well-being are highly valued. . Citizen representatives of the Richfield Advisory Board of Health support severe actions against establishments in an effort to protect the youth of the community and to send a message that youth and their well-being are a high priority in this City. I C. FINANCIAL I . All costs of conducting compliance checks will be reimbursed through the fines that are levied against an establishment for failing an alcohol compliance check. . Furthermore, 15% of the punitive fines are designated for future alcohol and tobacco educational efforts within the community. I D. LEGAL . N/A I IV. ALTERNATIVE RECOMMENDATION(S) I . The Council could decide to take no action against the establishments for the sale of alcohol to a minor, which would result in no disciplinary action against the establishments. This would, however, send a message to the community that children and their well-being are not a priority in Richfield. . The Council may consider taking more or less severe action against the establishments that sold alcohol to underage youth; however, that would deviate from the guidelines set for progressive discipline in Resolution No. 9511 I V. A TT ACHMENTS I . Resolution for Noodles and Company . Resolution for the VFW I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I . Representatives from the establishments are expected to be in attenda'nce at the meeting. They have been notified in writing regarding the City Council meeting date. . . . . . . q /( RESOLUTION NO. RESOLUTION SUSPENDING THE ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR LICENSES FOR NOODLES AND COMPANY, 7630 LYNDALE AVENUE SOUTH, AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, Noodles and Company ("Licensee") holds an On-Sale Wine and 3.2 Percent Malt Liquor Licenses from the City of Richfield; and WHEREAS, on April 13, 2007, the City of Richfield Public Safety Department conducted a compliance check of the Licensee's establishment; and, during the compliance check, an employee of the Licensee sold alcohol to a minor and; WHEREAS, this is their first alcohol compliance check failure; and WHEREAS, the Licensee appeared before the Richfield City Council on July 10, 2007 and admitted the violation and stipulated to the suspension and penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Licensee's On-Sale Wine and 3.2 Percent Malt Liquor licenses are hereby suspended for a period of five (5) consecutive days, commencing on a date to be determined by the Public Safety Director, but to take place within 30 days of their Council appearance. 2. A civil penalty of $1,000 is hereby imposed. On or before August 10, 2007, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1 ,000. 3. Meet with the Director of Public Safety by August 10, 2007 to present a written action plan to ensure future compliance. 4. One staff member, preferably the manager, must attend an alcohol compliance and sales awareness presentation conducted by a private firm, approved by Public Safety, with all costs to be paid by the establishment. Passed by the City Council of the City of Richfield this 10th day of July 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk e . . q/~ . RESOLUTION NO. RESOLUTION SUSPENDING THE CLUB ON-SALE AND SUNDA V LIQUOR LICENSES FOR FRED BABCOCK V.F.W. POST NO. 5555, INC., D/B/AI FOUR NICKELS FOOD AND DRINK, 6715 LAKE SHORE DRIVE, AND IMPOSING A CIVIL PENAL TV FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, Fred Babcock V.F.W. Post No. 5555 ("Licensee") holds a Club On-Sale and Sunday Liquor licenses from the City of Richfield; and WHEREAS, on April 13, 2007 the City of Richfield Public Safety Department conducted a compliance check of the Licensee's establishment; and, during the compliance check, an employee of the Licensee sold alcohol to a minor and; WHEREAS, this is technically the fourth compliance check failure; but because of the time that has elapsed between now and the previous failures, it serves as a first failure. The previous failures were on July 15, 1999, August 8, 2000, and November 9, 2004 and; WHEREAS, the Licensee appeared before the Richfield City Council on July 10, 2007 and admitted the violation and stipulated to the suspension and penalty imposed by this resolution. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Licensee's Club On-Sale and Sunday Liquor Licenses are hereby suspended for a period of five (5) consecutive days, commencing on a date to be determined by the Public Safety Director, but to take place within 30 days of their Council appearance. 2. A civil penalty of $1,000 is hereby imposed. On or before August 10, 2007, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1,000. 3. Meet with the Director of Public Safety by August 10, 2007 to present a written action plan to ensure future compliance. 4. One staff member, preferably the manager, must attend an alcohol compliance and sales awareness presentation conducted by a private firm, approved by Public Safety, with all costs to be paid by the establishment. Passed by the City Council of the City of Richfield this 10th day of July 2007. Debbie Goettel, Mayor . ATTEST: Nancy Gibbs, City Clerk . . . . . . AGENDA SECTION: AGENDA ITEM # REPORT # RESOLUTION 10 190 STAFF REpORT CITY COUNCIL MEETING JULY 10, 2007 REpORT PREPARED By: STEVEN L. DEVICH, CITY MANGER NAME, TInE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Summary review of City Manager evaluation and consideration of resolution adjusting 2007 compensation. 1. RECOMMENDED ACTION: By Motion: Adopt a resolution adjusting the City Manager's compensation for 2007. I II. BACKGROUND I The City Council has conducted a performance review of the City Manager for 2006 and must now, per State Statute, make a summary report of the outcome of that evaluation. In addition, the City Council has reviewed the compensation of the City Manager and has concluded that an adjustment should be made. As part of the evaluation process, the City Manager was reviewed in a 360-degree evaluation process, which included City Council Members and City employees in every level of the organization, The evaluation also included a review of goal accomplishments of the City for 2006. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The City Manager is given an evaluation by the City Council each year as part of the City Manager's contract. 0710CityManager . . . . . . . As part of the evaluation process, a review of the City Manager's compensation package is also performed each year. As compensation comparisons, salaries of City Managers in comparable cities are considered, as is the base salary structure adjustments of other City employees. . I B. CRITICAL ISSUES I . The annual performance evaluation is typically conducted in January of each year. I C. FINANCIAL .1 . The City Manager requested that the City Council consider only a salary adjustment and no other compensation adjustments. I D. LEGAL I . The City Manger's contract with the City requires that an annual performance evaluation be conducted. I IV. ALTERNATIVE RECOMMENDATION(S) I . The City Council may defer the compensation portion of this review to a future meeting. IV. A TT ACHMENTS . Resolution. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None anticipated. . . . RESOLUTION NO. . RESOLUTION AMENDING THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF RICHFIELD AND STEVEN L. DEVICH, CITY MANAGER NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: The following section of the Employment Agreement between the City of Richfield, Minnesota and Steven L. Devich, City Manager, dated February 2005 is amended as follows: Section 5. Salary. Employer agrees to increase the City Manager's total base annual salary of $118,190 (including $3,500 of deferred compensation annually) to $ , effective February 24, 2007 payable in installments at the time as other employees of the employer are paid. Approved by the City Council of the City of Richfield this 10th day of July 2007. Debbie Goettel, Mayor ATTEST: . Nancy Gibbs, City Clerk . . . .