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092512completeagenda CITY OF RICHFIELD, MINNESOTA TUESDAY, SEPTEMBER 25, 2012 RICHFIELD MUNICIPAL CENTER 6700 PORTLAND AVENUE REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of(1) Special City Council Meeting of September 5, 2012; (2) Special City Council Worksession of September 11, 2012; and (3) Regular City Council Meeting of September 11, 2012 COUNCIL DISCUSSION 1. Council discussion • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 2. Council approval of agenda CONSENT CALENDAR 3. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action on these items is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of resolution authorizing acceptance of Community Forest Bonding reimbursement grant of$25,000 for purchase and planting of new boulevard trees S.R. No. 165 B. Consideration of approval of resolution authorizing City to enter into Trailway Cooperative Agreement with Three Rivers Park District for portion of Nine Mile Creek Regional Trail constructed as part of 76th Street East project S.R. No. 166 C. Consideration of approval of resolution certifying delinquent water, sanitary sewer and storm water utility accounts to County Auditor S.R. No. 167 D. Consideration of approval of resolutions appointing additional election judges and appointing high school student trainee election judges for General Election on November 6, 2012 S.R. No. 168 E. Consideration of approval of bid minutes for East and West Connection Bicycle Routes Project S.R. No. 169 Notes: 4. Consideration of item(s), if any, removed from Consent Calendar Notes: PROPOSED ORDINANCE 5. Reconsideration, amendment and adoption of ordinance amending Subsection 601.25 of Richfield City Code relating to placement of waste containers. Staff Report No. 170 Notes: CITY MANAGER'S REPORT 6. City Manager's Report Notes: 7. 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: 8. Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. CITY COUNCIL MEETING MINUTES Richfield, Minnesota 4C Special Ci ty Council Meeting September 5, 2012 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:00 p.m. in the Council Chambers. ROLL CALL Council Members Debbie Goettel, Mayor; Pat Elliott; Fred Wroge; Tom Fitzhenry; and Sue Present: Sandahl Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; Wayne Kewitsch, Fire Services Director; Bill Fillmore, Municipal Liquor Operations Director; Todd Sandell, Public Safety Director; Chris Regis, Finance Manager; and Cheryl Krumholz, Executive Coordinator Item #1 DISCUSSION OF 2012 REVISED/2013 PROPOSED BUDGET AND 2013 PRELIMINARY TAX LEVY City Manager Devich introduced the 2013 proposed budget and preliminary tax levy. Finance Manager Regis presented the overall budget and tax levy PowerPoint. He discussed the projected expenditure for an additional community service officer(CSO) to conduct the Neighborhood Inspection Program. City Manager Devich reviewed the Legislative/Executive Department budgets. He discussed the proposed funding changes in the Other Agencies Division resulting from the auditor's finding that the City does not have the authority to provide such funding according to State Statute or City Charter. Finance Manager Regis reviewed the Administrative Services Department budgets. Public Safety Director Sandell reviewed the Public Safety Department budgets. Fire Services Director Kewitsch reviewed the Fire Services Department budget. Community Development Director Stark reviewed the Community Development Department budgets. CITY COUNCIL MINUTES Richfield, Minnesota e Special City Council Worksession September 11 , 2012 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:15 p.m. in the Bartholomew Conference Room. ROLL CALL Council Members Debbie Goettel, Mayor; Tom Fitzhenry; Pat Elliott (arrived 6:20 p.m.); Fred Present: Wroge; and Sue Sandahl Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; Kristin Asher-Osberg, City Engineer; and Cheryl Krumholz, Executive Coordinator Item #1 DISCUSSION REGARDING TAFT-LEGION STORM WATER QUALITY IMPROVEMENT PROJECT COOPERATIVE AGREEMENT(COUNCIL MEMO NO. 102) City Engineer Asher-Osberg discussed: • A brief review of the Taft/Legion Storm Water Quality Improvement Project • Terms of the Cooperative Agreement between the City and the Minnehaha Creek Watershed District (MCWD) • Elements of a Letter of Understanding with the Metropolitan Airport Commission (MAC) • Project Schedule ADJOURNMENT The meeting was adjourned by unanimous consent at 6:57 p.m. Date Approved: September 25, 2012 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MEETING MINUTES .eQ Richfield, Minnesota ge,c4l Regular Meeting September 11 , 2012 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:01 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Pat Elliott; Fred Wroge; Tom Fitzhenry; and Sue Sandahl. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; Todd Sandell, Public Safety Director; Wayne Kewitsch, Fire Services Director; Chris Regis, Finance Manager; John Stark, Community Development Director; Bill Fillmore, Municipal Liquor Operations Director; Corrine Heine, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM None. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Fitzhenry, S/Sandahl to approve the minutes of(1) Regular City Council Meeting of August 13, 2012; (2) Special City Council Meeting of August 17, 2012; and (3) Special City Council/HRA/Planninq Commission Worksession of August 20, 2012. Motion carried 5-0. Item #1 UPDATE REGARDING EMERALD ASH BORER Jaeson Morrison, Natural Resources Coordinator, presented the update. Council Meeting Minutes -2- September 11,2012 Item #2 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Elliott announced the September 16 Open Streets at Penn Fest event. Council Member Fitzhenry discussed two upcoming events sponsored by the Beyond the Yellow Ribbon Campaign. Item #3 COUNCIL APPROVAL OF AGENDA M/Wroge, S/Fitzhenry to approve the agenda. Motion carried 5-0. Item #4 CONSENT CALENDAR A. Consideration of approval of rejecting all bids submitted for 6444 Lyndale Avenue Municipal Liquor Store upgrade S.R. No. 151 B. Consideration of approval of first reading of ordinance authorizing capital improvements to upgrade Municipal Liquor Store at 6444 Lyndale Avenue pursuant to Richfield City Charter Section 8.04 and setting public hearing and second reading for October 9, 2012 S.R. No. 152 C. Consideration of approval of resolution declaring costs to be assessed and ordering preparation of proposed assessment roll for unpaid false alarm user fees against private property and setting public hearing for October 9, 2012 S.R. No. 153 RESOLUTION NO.10693 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR UNPAID FALSE ALARM FEES FROM PRIVATE PROPERTY This resolution appears as Resolution No. 10693. D. Consideration of approval of resolution declaring costs to be assessed and ordering preparation of proposed assessment roll for weed elimination from private property and removal or elimination of public health or safety hazards from private property and setting public hearing for October 9, 2012 S.R. No. 154 RESOLUTION NO.10694 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE PROPERTY This resolution appears as Resolution No. 10694. E. Consideration of approval of accepting bid minutes/tabulation and award of contract to NAC Mechanical and Electrical Services for emissions reduction improvements for water system generators in amount of$158,027 and authorizing staff to approve construction contract changes up to $15,000 S.R. No. 155 Council Meeting Minutes -3- September 11,2012 F. Consideration of approval of resolution authorizing acceptance of Statewide Health Improvement Program (SHIP) reimbursement grant in amount of$3,333 for purchase of video traffic count system S.R. No. 156 RESOLUTION NO.10695 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ACCEPT A STATEWIDE HEALTH IMPROVEMENT PROGRAM REIMBURSEMENT GRANT FOR $3,333 TO BE APPLIED TO THE PURCHASE OF A VIDEO TRAFFIC COUNTING SYSTEM This resolution appears as Resolution No. 10695. G. Consideration of approval of contract change order#1 to Maenke Brothers Outdoor to install irrigation for final phase of Honoring All Veterans Memorial in amount of$23,997 S.R. No. 157 H. Consideration of approval of temporary expansion of licensed premises for Lariat Lanes, 6320 Penn Avenue, to allow outside service of strong beer on September 16, 2012 in connection with Richfield's Open Streets at Penn Fest S.R. No. 158 I. Consideration of approval of award of contract to Semple Building Movers, Inc. for sale and removal of house at 6420-17th Avenue S.R. No. 159 J. Consideration of approval of temporary on-sale intoxicating liquor license for Church of the Assumption, 305 East 77th Street, for Festember event on September 22, 2012 S.R. No. 160 M/Goettel, S/Wroge to approve the Consent Calendar. Motion carried 5-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item #6 PUBLIC HEARING AND SECOND READING OF ORDINANCE AUTHORIZING CAPITAL IMPROVEMENT PROJECT FOR RENOVATION OF FIRE STATION 2 S.R. NO. 161 Mayor Goettel presented Staff Report No. 161. Fire Services Director Kewitsch explained why there is a need for the community to have two fire stations. M/Wroge, S/Elliott to close public hearing. Motion carried 5-0. M/Goettel, S/Sandahl that this constitutes the second reading of Bill No. 2012-12, Transitory Ordinance 18.84 authorizing capital improvement prolect for renovation of Fire Station 2; that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #7 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING RICHFIELD CITY CODE, SUBSECTION 601.25, RELATING TO PLACEMENT OF GARBAGE, REFUSE AND RECYCLABLE CONTAINERS S.R. NO. 162 Council Meeting Minutes -4- September 11,2012 Council Member Fitzhenry presented Staff Report No. 162. M/Fitzhenry, S/Goettel to approve second reading of ordinance amending Richfield City Code, Subsection 601.25, relating to placement of garbage, refuse and recyclable containers. Council Member Wroge questioned if yard waste containers were included in this ordinance. City Attorney Heine defined refuse as stated in the Code, which did not include yard waste. Council Member Sandahl requested the ordinance include an effective date to allow time for residents to make necessary changes for placement of the containers. M/Wroge, S/Goettel to amend the motion to revise the ordinance to include an effective date of June 1, 2013. Motion carried 5-0. M/Goettel, S/Wroge to amend the motion to revise the ordinance to include placement of yard waste containers. Motion carried 5-0. The proposed ordinance was approved with the two amendments. M/Fitzhenry, S/Goettel that this constitutes the second reading of Bill No. 2012-13 amending Richfield City Code, Subsection 601.25, relating to placement of garbage, refuse and recyclable containers to include placement of yard waste containers with an effective date of June 1, 2013; that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #8 CONSIDERATION OF RESOLUTION APPROVING CONDITIONAL USE PERMIT ALLOWING LIGHTED BALL FIELD AND NEW ACCESSORY FEATURES AT 7001 HARRIET AVENUE, RICHFIELD HIGH SCHOOL S.R. NO. 163 Council Member Wroge presented Staff Report No. 163. Todd Olson, Richfield Athletic Director, addressed the concerns raised at the Planning Commission including lighting, parking and scheduling use. M/Wroge, S/Elliott that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO.10696 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A LIGHTED BALL FIELD AND NEW ACCESSORY STRUCTURES AT 7001 HARRIET AVENUE Motion carried 5-0. This resolution appears as Resolution No. 10696. Item #9 CONSIDERATION OF 2012 REVISED/2013 PROPOSED BUDGET RESOLUTIONS ADOPTING 2013 PRELIMINARY PROPERTY TAX LEVY, SETTING TRUTH IN TAXATION HEARING DATE, AUTHORIZING BUDGET REVISIONS, AND AUTHORIZING REVISION OF 2012 BUDGET OF VARIOUS DEPARTMENTS S.R. NO. 164 Council Member Sandahl presented Staff Report No. 164. Council Meeting Minutes -5- September 11,2012 Council Member Sandahl stated the 2013 preliminary tax levy is a 4.5% increase over the prior year. The Truth in Taxation meeting is scheduled for December 4 at 7 p.m. She added the preliminary levy can be reduced by not increased. M/Sandahl, S/Goettel that the following resolutions be adopted and that they be made part of these minutes: RESOLUTION NO.10697 RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2013 This resolution appears as Resolution No. 10697. RESOLUTION NO.10698 RESOLUTION AUTHORIZING BUDGET REVISIONS This resolution appears as Resolution No. 10698. RESOLUTION NO.10699 RESOLUTION AUTHORIZING REVISION OF 2012 BUDGET OF VARIOUS DEPARTMENTS This resolution appears as Resolution No. 10699. Motion carried 5-0. Item #10 CITY MANAGER'S REPORT None. Item #11 CLAIMS AND PAYROLLS M/Wroge, S/Sandahl that the following claims and payrolls be approved: U.S. Bank 08/28/12 A/P Checks: 215424-215766 $ 1,556,772.15 Payroll: 86130-86493; 41886-41888 $ 583,004.66 TOTAL $ 2,139,776.81 U.S. Bank 09/11/12 A/P Checks: 215767-216153 $ 1,624,135.03 Payroll: 86494-86853; 41889 $ 582,604.78 TOTAL $ 2,206,739.81 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT Council Meeting Minutes -6- September 11,2012 The City Council meeting was adjourned by unanimous consent at 8:10 p.m. Date Approved: September 25, 2012 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 3A REPORT# 165 STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 25, 2012 REPORT PREPARED BY: JAESON MORRISON,NATURAL RESOURCES COORDINATOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: S . C C/ SIGNATU REVIEWED BY CITY MANAGER: Ai4L .Aa 4 ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing the acceptance of the Community Forest Bonding reimbursement grant. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the acceptance of the Community Forest Bonding reimbursement grant in the amount of $25,000 for the purchase and planting of new boulevard trees. II. BACKGROUND The City of Richfield has received reimbursement funding through the Community Forestry Bonding Grants established by the Minnesota Department of Natural Resources (MDNR) to plant trees in public spaces, including City boulevards. The City of Richfield will receive the maximum grant award of$25,000. Grant Criteria All tree plantings must occur on publicly owned land, parks or street boulevards. All trees planted using bonding grant funds must be listed in the Approved Native Trees List provided by the MDNR. The grant award is inclusive of a diversity planting model. Due to the City's high percentage of maple trees inventoried, the MDNR is restricting maple trees from being planted in conjunction with this grant. 09252012TreeGrant Budgeting for Boulevard Trees With the acceptance of this grant the City will be able to maintain the current service delivery and stay within budget. With an approximate total of 390 new boulevard trees being requested for the 2013 planting season, current budgeting would need to be increased to accommodate the additional requests. Accepting the grant will allow for approximately 125 trees to be planted on City boulevards in the fall of 2012, reducing the spring 2013 tree planting to approximately 265 trees. Planting 265 trees falls within the proposed Forestry budget for 2013. Grant Criteria All tree plantings must occur on publicly owned land, parks or street boulevards. All trees planted using bonding grant funds must be listed in the Approved Native Trees List provided by the MDNR. The grant award is inclusive of a diversity planting model. Due to the City's high percentage of maple trees inventoried, the MDNR is restricting maple trees from being planted in conjunction with this grant. For the grant funds to be refund eligible, the trees must be purchased from a horticulture, landscaping or tree sales business or corporation. Further eligibility requires that a horticulture, landscaping or tree contractor perform the installation of the trees on the publicly owned property. III. BASIS OF RECOMMENDATION A. POLICY • Minnesota Statue 465.03 requires all donations to be accepted by resolution of the council and adopted by two-thirds majority of its members. B. CRITICAL TIMING ISSUES • The work must be completed by May, 2014. • To remain on schedule for tree planting requests staff would like the project to be completed by December, 2012. • Early completion may grant opportunity for additional grants. C. FINANCIAL • This $25,000 grant money aids the City in maintaining current tree planting service and staying within budget. • The Grant is 100% refundable. D. LEGAL • The City Attorney has reviewed the resolution. E. ENVIRONMENTAL CONSIDERATIONS • Trees alter the environment in which we live by moderating climate, improving air quality, conserving water, and harboring wildlife. IV. ALTERNATIVE RECOMMENDATIONS) • Council may choose not to approve the resolution, which would void the acceptance of the grant. V. ATTACHMENTS • Resolution • Grant Agreement • Copy of Grant Guidelines and Criteria VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ACCEPT A COMMUNITY FOREST BONDING GRANT FOR $25,000 FOR THE PLANTING OF NEW TREES ON PUBLIC GROUNDS INCLUDING CITY BOULEVARDS WHEREAS, The Community Forest Bonding Grant has allocated funds to purchase and plant boulevard trees; and WHEREAS, the City intends to use these funds to plant boulevard trees meeting the requirements of both the City and grant criteria; and WHEREAS, Minnesota statute 465.03 requires every acceptance of a grant or devise of real personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The Mayor and City Manager are authorized to accept the Community Forest Bonding Grant in the amount of$25,000. 2. Appropriate City personnel are authorized to administer the funds in accordance with the terms described by the Minnesota Department of Labor and Industry. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of September 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 30 General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting or Planting for Diversity 2012-2014 Funding Cycle THIS AGREEMENT shall be effective as of April 2,2012 or upon the date that the final required signature is obtained by the State, pursuant to Minn. Stat. Sect. 16C.05, subd. 2, whichever occurs later, and shall remain in effect until June 30, 2014, or until all obligations set forth in this Grant Contract have been satisfactorily fulfilled, or the Grant Contract has been cancelled, whichever occurs first, and is between City of Richfield, a political subdivision of the State of Minnesota(the "Public Entity"), and the Department of Natural Resources, 500 Lafayette Road, St. Paul,MN 55155(the"DNR"). RECITALS A. The DNR has created and is operating a diseased shade tree removal and replacement program (the "State Program") under the authority granted by Laws 2010, ch. 189, subdiv. 12 (the"State Program Enabling Legislation"). Under the State Program, the recipients of a grant must use such funds for the planting of publicly owned shade trees on public land (Real Property) to provide environmental benefits; replace trees lost to forest pests, disease or storm; or to establish a more diverse community forest better able to withstand disease and forest pests. B. Under the State Program, the DNR is authorized to provide grants that are funded with proceeds of state general obligation bonds authorized to be issued under Article XI, Sec. 5(a) of the Minnesota Constitution. C. The Public Entity submitted a grant application to the DNR (the "Grant Application") attached as Attachment III in which the Public Entity requested a grant from the State Program, the proceeds of which will be used for the purposes set forth in such grant application. D. The Public Entity has been selected by the DNR for a receipt of a grant from the State Program in an amount of$25,000.00 (the "Program Grant"), which proceeds must be used by the Public Entity to perform those functions and activities imposed by the DNR under the State Program and set forth in the Grant Application. E. The Public Entity's receipt and use of the Program Grant to improve real property (the"Real Property") will cause the Public Entity's ownership interest in all of the Real Property to become "state bond financed property", as such term is used in Minn. Stat. Sec. 16A.695 and in the "Third Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the Commissioner of Minnesota Management and Budget ("MMB") and dated August 26, 2010, as amended, even if such funds are being used to improve only a portion of the Real Property. G. The Public Entity and the DNR desire to set forth herein the provisions relating to the granting and disbursement of the Program Grant to the Public Entity and the operation of the Real Property. IN CONSIDERATION of the grant described and other provisions in this Agreement, the parties to this Agreement agree as follows: Article I DEFINITIONS Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set forth below, unless the context specifically indicates otherwise: "Agreement" means this General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting. "Certification" — if applicable, means a certification in the form attached as Attachment IA, in which the Public Entity acknowledges that its interest in all or part of the Real Property is bond financed property within the meaning of Minn. Stat. Sec. 16A.695 and is subject to certain restrictions imposed thereby. "Code"-means the Internal Revenue Code of 1986, as amended from time to time, and all treasury regulations,revenue procedures and revenue rulings issued pursuant thereto. "Commissioner's Order" - means the "Third Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the Commissioner of MMB and dated August 26, 2010, as amended. "Declaration" - if applicable, means a declaration in the form attached as Attachment IB, indicating that the Public Entity's ownership interest in the all or part of the Real Property is bond financed property within the meaning of Minn. Stat. Sec. 16A.695 and is subject to certain restrictions imposed thereby. "Event of Default"-means one or more of the events set forth in Section 2.05. "G.O. Bonds" - means that portion of the state general obligation bonds issued under the authority granted in Article XI, Sec. 5(a) of the Minnesota Constitution,the proceeds of which are used to fund the Program Grant,and any bonds issued to refund or replace such bonds. "Project" - means the Public Entity's identification, removal, disposal of and replacement of dead or dying shade trees located on the Real Property that are lost to forest pests or disease. "Public Entity" - means the entity identified as the "Public Entity" in the lead-in paragraph of this Agreement. "Real Property" - means the real property located in the County of Hennepin, State of Minnesota, legally described in Exhibit A to the Certification attached as Attachment IA and/or generally described in Exhibit A to the Declaration attached as Attachment IB. "Useful Life of the Real Property"-means 30 years. 2 3 1-4 Article II GRANT Section 2.01 Grant of Monies. The DNR shall make the Program Grant to the Public Entity and disburse the proceeds in accordance with the provisions of this Agreement. The Program Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be returned to the DNR or the Commissioner of MMB under certain circumstances. Section 2.02 Public Ownership. The Public Entity acknowledges and agrees that the Program Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the Real Property must be owned by one or more public entities. Such ownership may be in the form of fee ownership and/or an easement. In order to establish that this public ownership requirement is satisfied, the Public Entity represents and warrants to the DNR that it has, or will acquire, a fee simple and/or an easement ownership interest in the Real Property, and, in addition, that it possesses, or will possess, all easements necessary for the operation,maintenance and management of the Real Property. Section 2.03 Use of Grant Proceeds. The Public Entity shall use the Program Grant solely to reimburse itself for the planting of publicly owned shade trees on public land (Real Property) to provide environmental benefits; replace trees lost to forest pests, disease or storm; or to establish a more diverse community forest better able to withstand disease and forest pests,and may not use the Program Grant for any other purpose. Section 2.04 Public Entity Representations and Warranties. The Public Entity represents and warrants to the DNR as follows: A. It has legal authority to enter into, execute, and deliver this Agreement and all documents referred to herein, and it has taken all actions necessary to its execution and delivery of such documents. B. It has legal authority to use the Program Grant for the purposes described in the State Program Enabling Legislation. C. It has legal authority to operate the State Program and the Real Property for the purposes required by the State Program and for the functions and activities proposed in the Grant Application. D. This Agreement and all other documents referred to herein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their terms. E. It will comply with all of the terms and conditions of this Agreement and all other documents referred to herein. F. It will comply with all of the provisions and requirements of Minn. Stat. Sec. 16A.695, the Commissioner's Order,and the State Program. G. It has made no material false statement or misstatement of fact in connection with its receipt of the Program Grant, and all of the information it has submitted or will submit to the DNR or the Commissioner of MMB relating to the Program Grant or the disbursement of the Program Grant is and will be true and correct. 3 3a�� H. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property, or its ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement, the Certification and/or the Declaration, or any document referred to herein, or to perform any of the acts required of it in such documents. I. Neither the execution and delivery of this Agreement, the Certification and/or the Declaration, or any document referred to herein nor compliance with any of the terms, conditions, requirements, or provisions contained in any of such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement or document to which it is now a party or by which it is bound. J. The contemplated use of the Real Property will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. K. The Project has been or will be completed in full compliance with all applicable laws, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. L. All applicable licenses, permits and bonds required for the performance and completion of the Project have been,or will be,obtained. M. It has complied with the matching funds requirement, if any, contained in Section 6.20. N. It will not, without the prior written consent of the DNR and the Commissioner of MMB, allow any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested to be created or exist against the Public Entity's ownership interest in the Real Property, whether such lien or encumbrance is superior or subordinate to the Declaration(if applicable). O. It reasonably expects to possess the ownership interest in the Real Property described in Section 2.02 for the entire Useful Life of the Real Property, and it does not expect to sell such ownership interest. P. It will supply whatever funds are needed above and beyond the amount of the Program Grant to complete and fully pay for the Project. Q. For that portion of the Real Property (if any) as to which the State Entity or the Public Entity has received a waiver from MMB of the requirement that the Public Entity record a Declaration pursuant to Section 6.02(b) of the Commissioner's Order, the Public Entity will promptly execute a Certification and deliver a copy thereof to the DNR and to MMB (attention: Capital Budget Coordinator). For that portion of the Real Property (if any) as to which the Public Entity has not received a waiver from MMB of the requirement that it record a Declaration,it has or will promptly record a fully executed Declaration with the appropriate governmental office and deliver a copy thereof to the DNR and to MMB that contains all of the recording information. 4 C.'IP R. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either the DNR or the Commissioner of MMB. Section 2.05 Events of Default. The following events shall, unless waived in writing by the DNR and the Commissioner of MMB, constitute an Event of Default under this Agreement upon either the DNR or the Commissioner of MMB giving the Public Entity 30 days written notice of such event and the Public Entity's failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months unless otherwise consented to, in writing, by the DNR and the Commissioner of MMB. A. If any representation, covenant, or warranty made by the Public Entity in this Agreement, in any other document furnished pursuant to this Agreement, or in order to induce the DNR to disburse any of the Program Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. B. If the Public Entity fails to fully comply with any provision, condition, covenant, or warranty contained in this Agreement, the Certification and/or the Declaration, or any other document referred to herein. C. If the Public Entity fails to fully comply with any provision, condition, covenant, or warranty in Minn. Stat. Sec. 16A.695, the Commissioner's Order, or the State Program Enabling Legislation. D. If the Public Entity fails to provide and expend the full amount of the matching funds required for the Project, if any, under Section 6.20. E. If the Public Entity fails to deliver the Certification and/or record and deliver the Declaration described in Section 2.04.Q. Notwithstanding the foregoing, any of the events set forth above that cannot be cured shall, unless waived in writing by the DNR and the Commissioner of MMB, constitute an Event of Default under this Agreement immediately upon either the DNR or the Commissioner of MMB giving the Public Entity written notice of such event. Section 2.06 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the DNR, the DNR or the Commissioner of MMB may enforce any or all of the following remedies. A. The DNR may refrain from disbursing the Program Grant; provided, however, the DNR may make such disbursements after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. B. If the Event of Default involves a failure to comply with any of the provisions contained herein other then the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the 5 3A1 Outstanding Balance of the Program Grant be returned to it, and upon such demand the Public Entity shall return such amount to the Commissioner of MMB. C. If the Event of Default involves a failure to comply with the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Public Entity pay the amounts that would have been paid if there had been full and complete compliance with such provisions, and upon such demand the Public Entity shall pay such amount to the Commissioner of MMB. D. Either the DNR or the Commissioner of MMB, as a third party beneficiary of this Agreement,may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the DNR or the Commissioner of MMB would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision of this Agreement within 30 days of demand by the Commissioner of MMB, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor of the DNR and/or the Commissioner of MMB, then such amount may, unless precluded by law, be taken from or offset against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.07 Notification of Event of Default. The Public Entity shall furnish to the DNR and the Commissioner of MMB, as soon as possible and in any event within 7 days after it has obtained knowledge of the occurrence of each Event of Default or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Public Entity proposes to take with respect thereto. Section 2.08 Survival of Event of Default. This Agreement shall survive any and all Events of Default and remain in full force and effect even upon the payment of any amounts due under this Agreement, and shall only terminate in accordance with the provisions contained in Section 2.10 and at the end of its term in accordance with Section 2.09. Section 2.09 Term of Grant Agreement. This Agreement shall, unless earlier terminated in accordance with any of the provisions contained herein,remain in full force and effect for the time period starting on the effective date hereof and ending on the date that corresponds to the date established by adding a time period equal to 125% of Useful Life of the Real Property to the date on which the Real Property is first used for the operation of the Governmental Program after such effective date. If there are no uncured Events of Default as of such date this Agreement shall terminate and no longer be of any force or effect, and the Commissioner of MMB shall execute whatever documents are needed to release the Real Property from the effect of this Agreement and the Declaration, if any. Section 2.10 Modification and/or Early Termination of Grant. If the full amount of the Program Grant has not been disbursed on or before the date that is 5 years from the effective date of this Agreement, or such later date to which the Public Entity and the DNR may agree in writing, then the DNR's obligation to fund the Program Grant shall terminate. In such event, (i) if none of the Program Grant has been disbursed by such date, then the DNR's obligation to fund any portion of the Program Grant shall terminate and this Agreement shall terminate,and(ii)if some but not all of the Program Grant has been disbursed by such date, then the DNR shall have no further obligation to provide any additional funding for the Program Grant and this Agreement shall remain in full force and effect. 6 3R1 This Agreement shall also terminate upon the Public Entity's sale of its ownership interest in the Real Property in accordance with the provisions of Article III and transmittal of all or a portion of the proceeds of such sale to the Commissioner of MMB in compliance with Article III, or upon the termination of Public Entity's ownership interest in the Real Property if such ownership interest is by way of an easement. Upon such termination the DNR shall execute, or have executed, and deliver to the Public Entity such documents as are required to release the Public Entity's ownership interest in the Real Property, from the effect of this Agreement,the Certification and/or the Declaration. Section 2.11 Excess Funds. If the full amount of the Program Grant and matching funds referred to in Section 6.20 (if any) are not needed to complete the Project, then, unless language in the State Program Enabling Legislation indicates otherwise,the Program Grant shall be reduced by the amount not needed. Article III SALE The Public Entity shall not sell any part of its ownership interest in the Real Property unless all of the following have been complied with fully: (i)the sale is made as authorized by law, (ii)the sale is for fair market value (as defined in the Commissioner's Order), and (iii) the written consent of the Commissioner of MMB has been obtained. The proceeds of any such sale shall be distributed as set forth in Minn. Stat. Sec. 16A.695 and the Commissioner's Order. Article IV COMPLIANCE WITH MINN. STAT. SEC. 16A.695 AND THE COMMISSIONER'S ORDER Section 4.01 State Bond Financed Property. The Public Entity and the DNR acknowledge and agree that the Public Entity's ownership interest in the Real Property is, or when acquired by the Public Entity will be, "state bond financed property", as such term is used in Minn. Stat. Sec. 16A.695 and the Commissioner's Order, and, therefore, the provisions contained in such statute and order apply, or will apply,to the Public Entity's ownership interest in the Real Property. Section 4.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds,the Public Entity agrees as follows: A. It will not use the Real Property or use or invest the Program Grant or any other sums treated as "bond proceeds" under Section 148 of the Code including "investment proceeds," "invested sinking funds,"and"replacement proceeds,"in such a manner as to cause the G.O. Bonds to be classified as"arbitrage bonds"under Section 148 of the Code. B. It will deposit into and hold all of the Program Grant that it receives under this Agreement in a segregated non-interest bearing account until such funds are used for payments for the Project in accordance with the provisions contained herein. C. It will, upon written request, provide the Commissioner of MMB all information required to satisfy the informational requirements set forth in the Code including, but not limited to, Sections 103 and 148 thereof,with respect to the GO Bonds. D. It will, upon the occurrence of any act or omission by the Public Entity or any Counterparty, that could cause the interest on the GO Bonds to no longer be tax exempt and upon 7 3 jA,c1 direction from the Commissioner of MMB, take such actions and furnish such documents as the Commissioner of MMB determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action may include either: (i) compliance with proceedings intended to classify the G.O. Bonds as a "qualified bond" within the meaning of Section 141(e) of the Code, (ii) changing the nature or terms of the Use Contract so that it complies with Revenue Procedure 97-13, 1997-1 CB 632, or (iii) changing the nature of the use of the Real Property so that none of the net proceeds of the G.O. Bonds will be used, directly or indirectly, in an "unrelated trade or business" or for any "private business use" (within the meaning of Sections 141(b) and 145(a) of the Code), or (iv) compliance with other Code provisions, regulations, or revenue procedures which amend or supersede the foregoing. E. It will not otherwise use any of the Program Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, nor omit to take any action necessary to maintain such tax exempt status, and if it should take, permit, omit to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. Section 4.03 Changes to Minn. Stat. Section 16A.695 or the Commissioner's Order. If the G.O. Compliance Legislation or the Commissioner's Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity's ownership interest in the Real Property is exempt from the G.O. Compliance Legislation and the Commissioner's Order, then upon written request by the Public Entity the DNR shall enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the Public Entity's ownership interest in the Real Property from Minn. Stat. Sec. 16A.695 or the Commissioner's Order. Article V DISBURSEMENT OF GRANT PROCEEDS Section 5.01 Disbursement of Grant. Upon compliance with all of the conditions set forth in Section 5.02, the DNR shall disburse the Program Grant to the Public Entity in one lump sum. The DNR's obligation to disburse any of the Program Grant shall terminate as of the date specified in such Section even if the entire Program Grant has not been disbursed by such date. The Program Grant shall only be for expenses that(i) are for those items of a capital nature for the Project,(ii)accrued no earlier than the effective date of the legislation that appropriated the funds that are used to fund the Program Grant, or(iii)have otherwise been consented to, in writing,by the DNR and the Commissioner of MMB. Section 5.02 Conditions Precedent to Disbursement of Grant. The obligation of the DNR to disburse the Program Grant to the Public Entity is subject to the following conditions precedent: A. The DNR shall have received a request for disbursement of the Program Grant specifying the amount of funds being requested, which such amount shall not exceed the amount of the Program Grant set forth in Recital D. B. The DNR shall have received a duly executed Certification and/or Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon. 8 C. The DNR shall have received evidence acceptable to the DNR that(i)the Public Entity has legal authority to and has taken all actions necessary to enter into this Agreement, the Certification and/or the Declaration, and (ii) this Agreement, the Certification and/or and the Declaration are binding on and enforceable against the Public Entity. D. The DNR shall have received evidence acceptable to the DNR that the Public Entity has completely paid for the Project and all other expenses that may occur in conjunction therewith. E. The DNR shall have received evidence acceptable to the DNR that the Public Entity is in compliance with the matching funds requirements in Section 6.20, if any, and that all of such matching funds have been expended for the Project. F. The DNR shall have received evidence acceptable to the DNR that all required permits,bonds and licenses necessary for the Project have been paid for, issued,and obtained,other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. G. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. H. The Public Entity has supplied to the DNR all other items that the DNR may reasonably require. Article VI MISCELLANEOUS Section 6.01 Condemnation. If after the Public Entity has acquired the ownership interest set forth in Section 2.02, all or any portion of the Real Property is condemned, any condemnation proceeds which are not used to acquire an interest in additional real property needed by the Public Entity to continue its use of the remaining Real Property shall be applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner's Order as if the condemned portion of the Public Entity's ownership interest in the Real Property had been sold. If the Public Entity elects to sell its ownership interest in the remaining portion of the Real Property, such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner's Order, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. As recipient of any of the condemnation proceeds referred to herein, the DNR agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation proceeds it receives so that the Public Entity can comply with the requirements of this Section. Section 6.02 Record Keeping and Reporting. The Public Entity shall maintain books, records, documents and other evidence pertaining to the costs or expenses associated with the Project needed to comply with the requirements of this Agreement, Minn. Stat. Sec. 16A.695, the Commissioner's Order, and the State Program Enabling Legislation, and upon request shall allow or cause the entity which is maintaining such items to allow the DNR, auditors for the DNR, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit or copy all of such items. 9 The Public Entity shall use generally accepted accounting principles in the maintenance of such items, and shall retain all of such items for a period of 6 years from the date that the Project is fully completed. Section 6.03 Inspections by DNR. Upon reasonable request by the DNR and without interfering with the normal use of the Real Property, the Public Entity shall allow the DNR to inspect the Real Property. Section 6.04 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the Program Grant or the Project to comply with all of the provisions of the Minnesota Government Data Practices Act contained in Minn. Stat.Chapter 13. Section 6.05 Non-Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project, and it shall fully comply with all of the provisions contained in Minn. Stat. Chapters 363A and 181. Section 6.06 Worker's Compensation. The Public Entity agrees to comply with all of the provisions relating to worker's compensation contained in Minn. Stat. Secs. 176.181 subd. 2 and 176.182 with respect to the Project. Section 6.07 Antitrust Claims. The Public Entity hereby assigns to the DNR and the Commissioner of MMB all claims it may have for over charges as to goods or services provided with respect to the Project, and operation or management of the Real Property that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 6.08 Legislative Notification. Prior to beginning work on the Project, the Public Entity shall notify the Chairs of the Minnesota State Senate Finance Committee, the Minnesota House of Representatives Capital Investment Committee and the Minnesota House of Representatives Ways and Means Committee that the work to be performed is ready to begin. Section 6.09 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Minn. Stat. Chapter 177, and specifically those provisions contained in Minn. Stat. Secs. 177.41 through 177.435 with respect to the Project. Section 6.10 Liability. The Public Entity and the DNR agree that they will be responsible for their own acts and the results thereof to the extent authorized by law, and neither shall be responsible for the acts of the other party and the results thereof. The liability of the DNR and the Commissioner of MMB is governed by the provisions contained in Minn. Stat. Sec. 3.736. If the Public Entity is a"municipality"as such term is used in Minn. Stat. Chapter 466, then the liability of the Public Entity is governed by the provisions of such Chapter 466. Section 6.11 Relationship of the Parties. Nothing in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co-partners or a joint venture between the Public Entity, the DNR, or the Commissioner of MMB, nor shall the Public Entity be considered to be an agent, representative, or employee of the DNR, the Commissioner of MMB, or the State of Minnesota in the performance of this Agreement,the Project, or operation of the Real Property. The Public Entity represents that it has already or will secure all personnel required for the performance of this Agreement and the Project. All personnel of the Public Entity or other persons while engaging in the performance of this Agreement and the Project shall have no contractual relationship with the DNR,the Commissioner of MMB, or the State of Minnesota and shall not be considered employees of any of such entities. In addition, all claims that may arise on behalf of said personnel or other persons out 10 of employment or alleged employment including, but not limited to, claims under the Workers' Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity, its officers, agents, contractors, or employees shall in no way be the responsibility of the DNR, the Commissioner of MMB, or the State of Minnesota. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the DNR, the Commissioner of MMB, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave,disability benefits,severance pay and retirement benefits. Section 6.12 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and shall be sufficient if personally served or sent by prepaid,registered, or certified mail(return receipt requested),to the business address of the party to whom it is directed. Such business address shall be that address specified below or such different address as may hereafter be specified, by either party by written notice to the other: To the Public Entity at: City of Richfield 1901 E. 66th Street Richfield,MN 55423 Attention: Jaeson M. Morrison To the DNR at: Minnesota Department of Natural Resources Division of Forestry 500 Lafayette Road St. Paul,MN 55155-4044 Attention: Ken Holman, Community Forest Program Coordinator To the Commissioner of MMB at: Minnesota Department of Management and Budget 400 Centennial Office Bldg. 658 Cedar St. St.Paul, MN 55155 Attention: Commissioner Section 6.13 Binding Effect and Assignment or Modification. This Agreement and the Certification and/or the Declaration shall be binding upon and inure to the benefit of the Public Entity and the DNR, and their respective successors and assigns. Provided, however, that neither the Public Entity nor the DNR may assign any of its rights or obligations under this Agreement or the Declaration without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Certification and/or the Declaration shall be binding on either the Public Entity or the DNR unless such change or modification is in writing and signed by an authorized official of the party or against which such change or modification is to be imposed. Section 6.14 Waiver. Neither the failure by the Public Entity, the DNR, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in any one or more instances to insist upon the complete and total observance or performance of any term or provision hereof, nor the failure of the Public Entity, the DNR, or the Commissioner of MMB, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed as 11 waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition,no delay on the part of the Public Entity,the DNR, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 6.15 Entire Agreement. This Agreement,the Certification and/or the Declaration,and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Public Entity and the DNR, and there are no other agreements, either oral or written, between the Public Entity and the DNR on the subject matter hereof. Section 6.16 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement or the Certification and/or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 6.17 Severability. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 6.18 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 6.19 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Section 6.20 Matching Funds. The Public Entity must obtain and supply the following matching funds for the Project: NONE. Section 6.21 Source and Use of Funds. The Public Entity represents to the DNR and the Commissioner of MMB that Attachment III is intended to be and is a source and use of funds statement showing the total cost of the Project and all of the funds that are available for the completion of the Project,and that the information contained in such Attachment III correctly and accurately delineates the following information. • A. The total cost of the Project. B. The source and amount of all funds needed to complete the Project, including: (i) State funds including the Program Grant, (ii) Matching funds, (iii) Other funds supplied by the Public Entity, (iv) Loans, identifying each such loan and all collateral pledged for repayment of each such loan and (v) Other funds. C. Such other financial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such funds and the expected use of such funds. 12 Previously paid project expenses (that is, project expenses paid before the effective date of this Agreement)that are to be reimbursed and paid from proceeds of the Program Grant may only be included as a source of funds and included in Attachment III if such items have been approved, in writing, by the Commissioner of MMB. If any of the funds included under the source of funds have conditions precedent to the release of such funds, the Public Entity must provide to the DNR and the Commissioner of MMB a detailed description of such conditions and what is being done to satisfy such conditions. The Public Entity shall also supply whatever other information and documentation that the DNR or the Commissioner of MMB may request to support or explain any of the information contained in Attachment III. Section 6.22 Third-Party Beneficiary. The State Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the DNR and the State of Minnesota. Therefore, the State of Minnesota, by and through the Commissioner of MMB, is a third- party beneficiary of this Agreement. Section 6.23 Public Entity Tasks. Any tasks that this Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 6.24 DNR and Commissioner Required Acts and Approvals. The DNR and the Commissioner of MMB shall not (i) perform any act herein required or authorized by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to perform hereunder, or(iii) unreasonably refuse to provide or withhold any approval that is required of it herein. Section 6.25 E-Verification. The Public Entity agrees and acknowledges that it is aware of Governor's Executive Order 08-01 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable,fully comply with such order and impose a similar requirement in any Use Agreement to which it is a party. Section 6.26 Additional Requirements. The Public Entity and the DNR agree to comply with the following additional requirements. In the event of any conflict or inconsistency between the following additional requirements and any other provisions or requirement contained in this Agreement, the following additional requirements contained in this Section shall control: Required documents: Updated Community Forestry or Shade Tree Ordinance Annual Maintenance Plan for Public Trees One of the following must accompany the two required documents: Community EAB Preparedness Plan Or Community Forest Management Plan, including EAB preparedness, annual tree maintenance and public education components. 13 IN TESTIMONY HEREOF, the Public Entity and the DNR have executed this General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting or Planting for Diversity under the diseased shade tree removal and replacement program on the day and date indicated immediately below their respective signatures. PUBLIC ENTITY: City of Richfield, a political subdivision of the State of Minnesota By: Name: Its: Dated: By: Name: Its: Dated: STATE ENTITY: DEPARTMENT OF NATURAL RESOURCES By: Name: Wayne Damerow Its: Assistant Director, Division of Forestry Dated: ENCUMBERED: Sonia Ontiveros Accounting Officer Senior Dated: 4/10/2012 SWIFT Contract# 44370 SWIFT PO# 3-16534 14 7 p,\ts ATTACHMENT IA CERTIFICATION State of Minnesota General Obligation Bond Financed Property The undersigned has a fee simple and/or easement interest in the real property located in the County of , State of Minnesota that is generally described or illustrated graphically in Exhibit A attached and all facilities situated thereon (the "Restricted Property") and acknowledges that the Restricted Property is State bond-financed property. The undersigned acknowledges that: A The Restricted Property is state bond financed property within the meaning of Minn. Stat. Sec. 16A.695, is subject to the encumbrance created and requirements imposed by such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget; B. The Restricted Property is subject to the provisions of the General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting or Planting For Diversity between the Department of Natural Resources and dated , and C. The Restricted Property shall continue to be deemed state bond financed property for 125% of the useful life of the Restricted Property or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget. Date: ,20 a political subdivision of the State of Minnesota By: Name: Title: By: Name: Title: 15 3W 1 Exhibit A to Certification GENERAL DESCRIPTION OF RESTRICTED PROPERTY [Insert a narrative or graphic description of the property where the Program Grant will be used. It need not be a legal description.] 16 \ 1 3A-a li Minnesota Community Forest Bonding Grants 2012-2014 {1{ DEPARTMENT OF # Guidelines and Information NATURAL RESOURCES Purpose Grants will be made for improvements on public land to: • Remove and replace trees lost to forest pests • Replace trees lost to storms • Plant a more diverse and resilient community forest Priority is given to grant requests to remove and replace ash trees infested with of emerald ash borer (EAB). Eligible Applicants There is NO MATCH REQUIREMENT for these grant funds. However, applicants will be asked to complete all contractual obligations as stated in the Components Required upon Project Completion section of these guidelines. Proposals showing partial or full match with non-state cash or local in-kind contributions will be given greater consideration. • Planting for Diversity projects:All cities, counties, and townships are eligible to apply, as well as Park and Recreation Boards in cities of the first class here on referred to as "Communities". All plantings must occur on publicly owned land,parks, or streets. All trees planted using bonding funds must be listed in the Approved Native Trees List. Maximum grant award for a tree planting project is$25,000. • Forest Pest Removal and Replanting projects:All cities, counties, and townships, as well as Park and Recreation Boards in cities of the first class are eligible who have identified emerald ash borer(EAB) infestations. All removals must occur on public lands. Priority will be given to cities with EAB infestation within their boundaries or have public lands within a 1-mile radius of state-designated"known EAB infested areas."Maximum grant award for a tree removal and replanting project is $150,000. • Only Public Lands within the 1-mile buffer of a known EAB infested area are eligible for ash removals and replacement plantings with these funds. See Known EAB-Infested Areas Map. Note: Grant funds are not provided up front. Grantees must initially expend monies, which are then reimbursed under the terms of the grant agreement and listed contract requirements. Grantees can receive partial payments of up to 90 percent of the grant funds requested. The remaining 10 percent or more of the grant funds will be paid after the project,final report and a final inspection have been completed. Grant expenses will not be reimbursed until all requirements are complete. Eligible and Ineligible Costs A. Eligible Costs. Grant funds can be used for: • Professional contracts for technical assistance, administration or implementation of the grant project • Removal and disposal or utilization of forest pest infested trees on public lands and rights-of-way • Purchase of trees for planting on public lands and rights-of-way • Equipment use as part of contractual work,NOT grantee-owned, leased or rented equipment use - 1 - B. Ineligible Costs. Grant funds cannot be used for the following,but their cost directly associated with the project may be counted as match: • Tree inventories or surveys • Tree disease or insect treatments, e.g. systemic injections • Removal and disposal/utilization of storm-damaged or structurally defective trees, or trees dead for more than one year • Survey or detection, e.g. pheromone trapping • Pruning and other maintenance of trees, including those planted as part of the bonding grant project • Grantee-owned, leased or rented equipment(includes hand held computers) • Time of community employed personnel on project • Production of programs and materials used to enlist citizen involvement or for public education • Purchase and planting of trees that are NOT native to Minnesota—see Approved Native Trees List, posted on the DNR Bonding Grants Web page. • Purchase of plants other than trees, e.g. shrubs, ground covers and flowers • Management of woody invasive species, e.g. buckthorn • Development of tree nurseries, e.g. gravel bed systems Project Evaluation Criteria Projects will be evaluated according to how well they: • Demonstrate commitment to long-term monitoring and management of the project • Demonstrate the need for replacement plantings,based on a recently completed tree inventory or documented tree losses to forest pests, storm events beginning in January 2010, or both • Increase the diversity of tree species within the community • Develop and help sustain urban and community forestry programs • Establish the means for ongoing public education on tree care and benefits • Involve and train citizens and volunteers • Document a local match. Though NOT required,priority will be given to projects that have a cash match from non-state sources. The DNR Forestry staff will review, evaluate and prioritize grant proposals. The Community Forest Bonding Grants Steering Committee will then select which projects will be funded and the grant amounts. All applicants will be notified of the committee's decisions by March 16, 2012. Components Required upon Project Completion By the end of the project, grant recipients must demonstrate their commitment to on-going community forest management by submitting the following two required documents and providing one of the accompanying documents as well: Required Documents: • Updated Community Forestry or Shade Tree Ordinance • Annual Maintenance Plan for public trees One of the following must accompany the two required documents: • Community EAB Preparedness Plan OR • Community Forest Management Plan, including EAB preparedness, annual tree maintenance and public education components - 2 - Award of Funds Announcement of funding approvals will follow the review and selection process. All proposals will be reviewed by DNR Forestry staff. Final selection of projects and award amounts will be set by the Community Forest Bonding Grants Steering Committee. • All applicants will receive written notification regarding their request by Friday,March 16,2012. • Projects cannot begin until all final documentation has been submitted and a fully executed grant agreement is on file with DNR Forestry. • Any project costs incurred prior to the start date of the grant agreement will not be eligible for reimbursement. • Grant funds are not provided up front. • Grantees must initially expend monies, which are then reimbursed under the terms of the grant agreement. Partial payments can be made, during the implementation of the project, of up to 90 percent of the grant funds awarded. The remaining 10 percent or more of the grant funds will be paid after completion of the Final Report and Invoice form, including a Compliance Check by a DNR Forester. Project Timeline • Application deadline: Friday, February 17, 2012 at 4:30 pm. • Written notice of selection and award amount: by March 16,2012 • Project authorization: March 2012 to June 2012 ➢ A grant agreement will be sent for the applicant to review and sign. The agreement must be returned to the DNR for processing and signatures in order to be fully executed. ➢ Additional documents required for the grant agreement will be requested at this time, including: o A Certification of Bond-financed Public Property for grant project work within road, highway,utility or transit corridors. Certifications will be signed by the grantee and need to include a list of addresses or a map with streets highlighted where project work is planned. o A Declaration of Bond-Financed Public Property, for all public properties included in the project that are not in road,highway,utility or transit corridors (e.g.public parks). Declarations must include a recordable legal description for each of these properties. > ANY WORK started before the grantee receives their fully executed grant agreement,will NOT be eligible for reimbursement. • Written notice of fully executed contract on file with the DNR: March 2012 to June 2012. • Project implementation: March 2012 to May 2014, after grantee receives a fully executed Grant Agreement. • Project Final Report and Compliance Check: ➢ Upon completion of the project, or if a partial reimbursement is needed,the grantee must notify their designated DNR Forester to schedule a compliance check(see Final Report&Invoice form). The DNR Forester should be notified one month prior to completion of the grant project. • Final Certification and/or Declaration forms. If project locations have been modified,the grantee must include revised attachments (address list, street map or legal descriptions)to their original Certification or Declaration documents with their Final Report&Invoice. > All documents and invoices must be attached to the Final Report&Invoice form and provide to the DNR forester at the time of the compliance check. • Project completion: Projects must be completed by Friday, June 6,2014. - 3 - 3A ')\ Program Funding As the name implies,these grant projects will be financed using state general obligation bond dollars, authorized by the 2010 Minnesota State Legislature. This appropriation provides $3 million for a four-year period ending in June, 2014. The use of these funds is specifically restricted to activities of a capital nature and must be conducted on publicly owned land or rights-of-way. Consult with those in your organization who are familiar with these requirements, such as the City Attorney, Engineer,Administrator or Finance Director. See Minnesota Statutes chapter 16A.695 for details. QUESTIONS? We expect that these new Guidelines and the more restricted use of state bonding funds will raise questions. In order to answer your questions promptly, PLEASE CHECK THE GRANT PROGRAM WEB PAGE for information or answers to frequently asked questions,before calling or e-mailing DNR Forestry staff. See www.dnr.state.mn.us/grants/forestmgmt/commforestbonding.html. Answers to frequently asked questions (FAQs)will be posted and updated regularly. If you do not obtain an answer online, contact a DNR Community Forestry Team member at 651-259-5300, and ask to be transferred to the first available Community Forestry Team member: Ken Holman Jennifer Teegarden Jean Mouelle Program Coordinator Forestry Information Specialist Central Region Forestry - 4 - AGENDA SECTION: CONSENT AGENDA ITEM# 3B REPORT# 166 moddi STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 25, 2012 REPORT PREPARED BY: KRISTIN ASHER, CITY ENGINEER NAME,TITLE DEPARTMENT DIRECTOR Er- REVIEW: / ,r .- ff SIGNATU• REVIEWED BY CITY ' MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a Trailway Cooperative Agreement between the City and the Three Rivers Park District for the portion of the Nine Mile Creek Regional Trail on 76th Street between 12th Avenue and Cedar Avenue. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution allowing the City to enter into a Trailway Cooperative Agreement with the Three Rivers Park District for the portion of the Nine Mile Creek Regional Trail constructed as part of the 76th Street East project. II. BACKGROUND The Three Rivers Park District (TRPD) has worked cooperatively with the City to include the construction of a regional trail as part of the 76th Street East reconstruction. The trail is located on the north side of 76th Street between 12th Avenue and Cedar Avenue. In general, the terms of the proposed agreement include: • Non-exclusive Trail Easement— providing a continuous and contiguous corridor for the trail. The trail easement would still allow for the placement of private utilities under the trail when necessary. • Design and Construction of the Trail —the City's reconstruction of 76th Street East includes the design and reconstruction of the regional trail. 09252012ThreeRiversCoop • Cost Share —the Park District will reimburse the City for actual construction costs, estimated at $98,529.86, and $18,900 for direct consultant costs for design and construction administration. • Trail Use —the regional trail shall be open to the general public and be exclusively used for outdoor activities including walking, jogging, skating, biking, electric personal assistive devices and other uses mandated by state law. • Winter Use —the Park District's current policy is to close the trail to the public in the winter and provide no winter maintenance of the trail. However, they will permit the City to assume responsibility of the trail for winter maintenance and operations at the City's request. • Maintenance —The Park District shall be responsible for trail repairs and general maintenance of the trail and will provide and maintain the informational signage along the route. The District's Paved Trail and Maintenance Standards and Implementation Plan is attached. The City will be responsible for maintaining roadway crossings and associated signing. • Enforcement—the Park District will patrol and enforce its rules, regulations and ordinances with respect to the trail, including a 2 foot clear zone on either side of the trail. The City may patrol and police the trail as deemed necessary. The Park District does not own or operate the on-street bike lanes adjacent to this trail. The bike lanes are the sole responsibility of the City. III. BASIS OF RECOMMENDATION A. POLICY • The City's Comprehensive Plan encourages alternate forms of transportation, such as biking and walking. • The City's Comprehensive Plan identifies regional pedestrian and bicycle connections as a goal. B. CRITICAL TIMING ISSUES • The Three Rivers Park District Board has approved the proposed agreement. • The 76th Street East reconstruction project is nearing completion. C. FINANCIAL • The agreement allows the City to be reimbursed for the actual costs of constructing the trail, estimated at $98,529.86. The actual costs will be determined once the project is final. • The agreement allows the City to be reimbursed $18,900 for the direct consultant design and construction administration costs related to the trail. D. LEGAL • The City Attorney has reviewed the agreement and will be available to answer questions. E. ENVIRONMENTAL CONSIDERATIONS • The regional trial will provide an improved alternative to non-motorized travel within the City. IV. ALTERNATIVE RECOMMENDATION(S) • The Council may choose not to adopt the resolution at this time and direct staff on how to proceed. V. ATTACHMENTS • Resolution authorizing the City to enter into the Trail Cooperative Agreement • Trail Cooperative Agreement • Three Rivers Park District Paved Trail Maintenance Standards and Implementation Plan VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None Anticipated 36- ) RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A TRAILWAY COOPERATIVE AGREEMENT WITH THE THREE RIVERS PARK DISTRICT FOR THE NINE MILE CREEK REGIONAL TRAIL WHEREAS, the Three Rivers Park District is a political subdivision of the State of Minnesota authorized by statute to acquire, establish, operate and maintain trails systems; and WHEREAS, the Three Rivers Park District's First Tier Trials, Greenways, and Parks Master Plan includes Nine Mile Creek Regional Trail through the City of Richfield; and WHEREAS, the Three Rivers Park District is preparing a specific master plan for Nine Mile Creek Regional Trail in cooperation with the City of Richfield, and WHEREAS, the City has requested that the Three Rivers Park District participate in the development of a regional trail system located within the City, and WHEREAS, the City owns land suitable for development as a regional trail corridor; and WHEREAS, the Three Rivers Park District and City desire to cooperate to design, construct, reconstruct, operate and maintain a regional trail corridor located in the City. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield enter into a Trailway Cooperative Agreement with the Three Rivers Park District to provide payment for the construction of the Nine Mile Creek Regional Trail within the City and to establish agreement on the design, construction, operation, maintenance, and enforcement of the trail. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of September, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 364 CITY OF RICHFIELD AND THREE RIVERS PARK DISTRICT TRAILWAY COOPERATIVE AGREEMENT FOR NINE MILE CREEK REGIONAL TRAIL — 76TH STREET - 12TH AVE. TO CEDAR AVE. This agreement (the "Agreement") is made and entered into this day of 2012, by and between the Three Rivers Park District, a body corporate and politic and a political subdivision of the State of Minnesota ("Park District"), and the City of Richfield, a Minnesota municipal corporation ("City"). WHEREAS, the Park District is a political subdivision of the State of Minnesota authorized by statute to acquire, establish, operate and maintain trail systems; and WHEREAS, Park District promulgates master plans for the development of park facilities including trail systems; and WHEREAS, Park District's master plans are submitted to the Metropolitan Council for approval; and WHEREAS, Park District's First Tier Trails, Greenways, and Parks Master Plan includes Nine Mile Creek Regional Trail through the City of Richfield and; WHEREAS, Park District is preparing a specific master plan for Nine Mile Creek Regional Trail in cooperation with the City; and WHEREAS, City own lands suitable for development as a regional trail corridor and has requested that the Park District participate in the development of a regional trail system located within the City; and WHEREAS, Park District and City previously entered into a trailway cooperative agreement for the Nine Mile Creek Regional Trail between Xerxes Avenue and 12th Avenue in the City which is not affected by this Agreement; and WHEREAS, City is engaged in redeveloping 76th Street between 12th Avenue and Cedar Avenue which includes the Nine Mile Creek Regional Trail; and WHEREAS, the Park District and City desire to cooperate to develop a regional trail ("Trail") along the north side of 76th Street between 12th Avenue and Cedar Avenue within the existing right-of-way and in conjunction with the City's 76th Street redevelopment project; and WHEREAS, Park District and City desire to cooperate to design, construct, reconstruct, operate and maintain a regional trail corridor located in the City employing their own powers. WHEREAS, in the spirit of collaboration the City will act as the agent for the Park District for the design, construction, and construction observation for the Trail and trail related structures within the 76th Street corridor; and Page 1 Trailway Cooperative Agreement 2 NOW THEREFORE, in consideration of the mutual covenants herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, City and Park District agree as follows: 1. Property Rights. Nine Mile Creek Regional Trail Easement City shall convey to Park District a permanent non-exclusive easement for trail purposes in the form of the Public Trailway Easement and Agreement attached hereto as Exhibit A (hereinafter "Easement") for the portions of the Nine Mile Creek Regional Trail along 76th Street between 12th Avenue and Cedar Avenue as illustrated in the attached Exhibit B. Said Easement shall provide a continuous and contiguous corridor for the Trail and shall be conveyed upon execution of this Agreement. Park District shall not be obligated to proceed with any obligation under this Agreement until City has conveyed to Park District an easement sufficient to create a continuous and contiguous regional trail corridor. If City cannot convey the Easement to Park District which provides a continuous and contiguous trail corridor within eighteen (18) months following execution of this Agreement, the Agreement shall be terminated and neither the City nor Park District shall have any obligation hereunder, except that Park District shall return the unrecorded Easement to City and take such other measures as may be necessary to cancel the Easement. Certain of the Easements lie within platted rights-of-way and easement areas where the City does not have an interest in real property but does have the legal authority to construct, maintain and operate sidewalks, trails, and other such public ways. In such cases, the Easements do not convey an interest in real property but, pursuant to this agreement, shall serve as an irrevocable permit and license to the Park District to construct, operate and maintain a trail within the Easement areas. In the event the City's right to so maintain a trail within these segments of the Easement area is lost by vacation, condemnation, revocation of license or permit, or otherwise, the City will acquire such additional rights, titles and interests as are needed to assure a continuous and contiguous trail corridor through the Easement areas. If the loss of such right to maintain a trail within right-of-way areas occurs, after construction of the trail, the City shall acquire such additional right, title or interest and reconstruct the trail, if necessary, at City expense. The City represents that it currently has the legal right and authority to construct and maintain the trail within such platted rights-of-way. The parties recognize that certain bridges and grade crossings may require agreements with third parties such as the Minnesota Department of Transportation. The parties shall cooperate to secure necessary permissions to use such crossings and bridges. Additional segments of the Nine Mile Creek Regional Trail, and other regional trails, may be developed within the City of Richfield at a future date. This agreement may be amended as agreed upon by Park District and by City to include additional regional trails segments. Page 2 Trailway Cooperative Agreement 3 O 2. Cost Participation. A. Nine Mile Creek Regional Trail — City Responsibility City shall be responsible for all costs associated with planning, design and construction of the Trail, including moving, relocating, and/or burying utilities to account for the Trail, and all regulatory road and trail signs and/or other treatments as prescribed by the Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD) within the Easement. B. Nine Mile Creek Regional Trail — Park District Responsibility Upon completion of Trail and Trail related structures, and after conveyance to Park District of the Easement by the City in accordance with Paragraph 1 of this Agreement, Park District shall reimburse City for the actual trail construction costs performed under the construction contract based on the unit prices and actual quantity of work performed estimated to be $98,529.86 per Exhibit D, or as approved by Park District. Park District shall also reimburse City $18,900.00 for direct consultant design and construction administration costs related to the Trail and Trail related structures. Park District will not reimburse City for indirect costs incurred by City including, but not limited to, staff costs, legal fees, filing fees, permit fees, or any other expense, which does not represent direct Trail design or construction costs. The Park District shall be responsible for costs associated with furnishing and installation of its trail informational sign/kiosk program and trail rest stops (trail bench, bicycle rack and refuse bin). 3. Design of Trail. City shall contract with consultants to provide design services for Trail and Trail related structures, including, but not limited to design development, bidding documents, construction plans and specifications, contract document preparation, construction administration and project closeout for Trail. Design of the Trail and Trail related structures shall be in accordance with Exhibit C, Typical Trail Section and with trail standards adopted by the Park District. Final Trail construction plans shall be reviewed and approved by Park District prior to adoption and approval by City. Any design changes pertaining to the Trail shall require Park District approval. Park District will assign a staff representative to review and approve said changes in a timely manner. 4. Construction of Trail. City shall be solely responsible for bidding and construction administration of the Trail and Trail related structures and shall construct the Trail and Trail related structures in accordance with the plans and specifications developed pursuant to Paragraph 3 of this Agreement. Construction may commence after the Park District approves the plans and specifications for construction of the Trail. City shall provide notice to Park District of the commencement of construction. Park District may observe construction and may consult with City regarding construction issues. City shall inform the Park District of final Page 3 Trailway Cooperative Agreement 3 6' construction and shall schedule inspection by Park District prior to close of the construction contract. Upon correction of any concerns identified in the inspections, City shall notify Park District in writing indicating completion of the project. Upon completion, Park District shall record the Easement as defined in paragraph 1, assume Park District responsibilities under this Agreement, and process payment as defined in paragraph 2B. 5. Permits and Assessments. City shall not unreasonably withhold City approvals, City permits, and other official City permissions necessary to operate, maintain, reconstruct and construct the Trail. In consideration of the Park District's performance under this Agreement including its maintenance obligations, City hereby agrees that the Park District shall not be subject to assessment by the City pertaining to improvements made on the lands included in, or adjacent to, the Easement area. 6. Inconsistent Rights. The City, for itself, its successors and assigns, hereby covenants that it will not construct nor grant others the right to construct any structures or improvements on the Easement area, which are inconsistent with the rights and interests herein granted to Park District, but the City shall otherwise have the right to use the Easement area and to grant to others such rights. 7. Operation of Trail. Park District and its agents and licensees shall have the sole and exclusive right and authority to operate and control the Trail and to establish rules and regulations governing its use to the extent not in conflict with ordinances of the City. 8. Trail Uses and Purposes. Trail shall be open to the general public and be used exclusively for outdoor recreation and commuter activities, including but not limited to non-motorized uses such as walking, jogging, skating, and biking. The use of electric-assisted bicycles as defined in Minnesota State Law and Other Power Limited Mobility Devices as defined by the American with Disabilities Act and in accordance with Park District Policy are permitted. Equestrian uses are prohibited. In addition, motor vehicles used by the City or Park District for maintenance, law enforcement or other public uses will be permitted on the Trail in emergency situations, when required for a specific maintenance or patrol activity, when the motor vehicle cannot legally operate on the street, and/or when an adjacent roadway does not exist. Routine maintenance and patrol with motor vehicles will be conducted from adjacent roadways where feasible. 9. Winter Use. As of the date of this Agreement, Park District policy is to leave the Trail open to the public in winter, but perform no winter maintenance. Park District reserves the right to operate and maintain the Trail for winter use in its sole discretion. The City may request a Park District Winter Use Permit to operate and maintain the Trail during winter months. Such permit will require City, among other things, to assume responsibility for trail maintenance, operation and liabilities associated with winter use. Page 4 Trailway Cooperative Agreement 304' 10. Maintenance of Trail. Park District will be responsible for the renovation, replacement, repair, maintenance, and upkeep of the paved Trail except bridges, tunnels and other structures owned by others, and as provided in paragraph 9. Park District shall be solely responsible for establishing maintenance standards for the Trail, which will be consistent district wide. Park District shall not be responsible for the routine maintenance adjacent to the Trail within the Easement Area including, but not limited to, mowing grass or removing weeds as long as the City retains City Code 811.01, or similar, which requires adjacent property owners to do so. In the event the City Code is amended to no longer require adjacent property owners to maintain the boulevard area, the Park District shall assume responsibilities associated with maintaining the boulevard within the Easement Area. Park District reserves the right to remove any vegetation or object that obstructs the use or safety of the Trail including adjacent safety zones in accordance with Exhibit C — Typical Trail Section. 11. Sianaae. Park District shall be responsible for providing regional trail informational trail signage for the Trail. Signage will indicate that the Trail is a regional trail of the Park District. Park District may install regional trail directional signs and informational kiosks along the Trail at locations agreed upon by both parties. Park District shall be responsible for the installation and maintenance of regional trail informational signage and kiosks at Park District expense. City shall provide all trail regulatory signs as prescribed by the Minnesota Manual on Uniform Traffic Control Devices (Mn MUTCD), as a part of the design and construction of the Trail. Park District shall be responsible for the maintenance of regulatory signs post-construction at Park District expense. City may provide additional signage, provided however, that Park District approves such additional signage. City shall be responsible for providing and maintaining such additional signage at City expense. When the regional trail crosses a city roadway, City shall be responsible for providing and maintaining roadway crossing treatments such as pedestrian striping, road signs and/or other treatments as prescribed by Mn MUTCD, or as appropriate. On-street bicycle facilities of any configuration are not considered part of the regional trail. All associated road signs and/or other treatments for on-street bicycle facilities are not permitted within the Easement and are the sole responsibility of City. 12. Utilities. City shall at all times retain the right to maintain, repair or replace any utilities and related facilities in, on, or under said Trail and install such utilities and related facilities provided, that if any such activities by the City shall or may damage or limit the use of the Trail, the City will give the Park District thirty (30) days prior written notice of the same (except in cases of emergency), and in any event the City will upon completion of such activities so affecting the Trail or any portion thereof, restore the Trail as near as possible to its condition existing before such maintenance, repair, replacement or other activities of the City. Page 5 Trailway Cooperative Agreement 3 v1 City and Park District recognize that prior notice is needed to develop temporary trail detour routes and temporary signage. City and Park District will cooperatively determine and implement a temporary detour route when feasible. 13. Law Enforcement. The City will patrol and police the Trail in such manner and by such persons as the City shall deem necessary, and may enforce all rules and ordinances of the City except as provided herein. Notwithstanding anything herein to the contrary, the Park District shall have the right to enforce its rules, regulations and ordinances with respect to the Trail. City shall not promulgate any ordinance, rule or regulation which contravenes any ordinance, rule or regulation of Park District with respect to the Trail or which contravenes this Agreement. 14. Indemnification. The City and the Park District each shall indemnify, defend and hold harmless the other from any loss, liability, cost, damage and claim arising from any act or omission on the part of its officers, employees, agents, contractor or representatives in connection with the use, occupancy, development, operation, maintenance and repair of the Trail, including any attorney fees and expenses incurred in defending any such claim. Nothing herein shall change or otherwise affect the liability limits established under Minn. Stat. § 466, as amended. The liability limitations established in Minn. Stat. § 466 shall apply to undertakings pursuant to this Agreement, and no individual or entity may seek to increase recovery beyond the statutory amounts set forth in Minn. Stat. § 466 by attempting to aggregate the statutory amounts applicable to the Park District or the City. 15. Successor and Assigns. The Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, provided, however, that neither the City nor the Park District shall have the right of assign it rights, obligations and interests in or under this Agreement to any other party without the prior written consent of the other party hereto. 16. Amendment, Modification or Waiver. No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing and signed by the party or parties to be bound, or its duly authorized representative. Any waiver by either party shall be effective only with respect to the subject matter thereof and the particular occurrence described therein, and shall not affect the rights of either party with respect to any similar or dissimilar occurrences in the future. 17. Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and no right or remedy at law or in equity which either party hereto might otherwise have by virtue of a default under this Agreement nor the exercise of any such right or remedy by either party will impair such party's standing to exercise any other right or remedy. Page 6 Trailway Cooperative Agreement 3 18. No Aciencv. Nothing contained herein and no action by either party hereto will be deemed or construed by such parties or by any third person to create the relationship of principal and agent or a partnership or a joint venture or any other association between or among the parties hereto. 19. Saving Provision. If any provision of the Agreement shall be found invalid or unenforceable with respect to any entity or in any jurisdiction, remaining provision of the Agreement shall not be affected thereby, and such provisions found to be unlawful or unenforceable shall not be affected as to their enforcement or lawfulness as to any other entity or in any other jurisdiction, and to such extent the terms and provisions of this Agreement are intended to be severable. 20. Termination. This agreement may be terminated by Park District or City by mutual agreement or as otherwise provided in this agreement. This agreement shall be terminable by either party upon material breach by the other party. The provisions of Paragraph 14 survive termination with respect to claims that arise from actions or occurrences that occurred prior to termination. 21. Governing Laws. This Agreement will be construed in accordance with the laws of the State of Minnesota. 22. Time is of the Essence. Time is of the essence under this Agreement. 23. Title. City warrants that it owns good and marketable title to the Easement Area and that the undersigned is authorized to execute this Agreement. In the event that title is not good or marketable, City Shall take measures necessary to provide a continuous and contiguous trail corridor. 24. Enforcement. In the event either party should bring an action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the other all of the legal or other expenses of the prevailing party, including reasonable attorneys' fees, and to have the same awarded as part of the judgment in the proceeding in which legal expenses and attorneys' fees were awarded. Page 7 Trailway Cooperative Agreement 3 � 25. Notices. Any notice given under this Agreement shall be deemed given on the first business day following the date the same is deposited in the United States Mail (registered or certified) postage prepaid, addressed as follows: If to the Park District: Superintendent Three Rivers Park District 3000 Xenium Lane North Plymouth, MN 55441 If to Richfield City Manager City of Richfield 6700 Portland Avenue South Richfield, MN 55423 IN WITNESS WHEREOF, City and Park District have entered into this agreement as of the date and year first above written. CITY OF RICHFIELD THREE RIVERS PARK DISTRICT By: By: Its Mayor, Debbie Goettel Its Chair - Board of Commissioners By: By: Its City Manager, Steven L. Its Superintendent Devich J:\PROJECTS\Regional Trails\TNM 1201 Richfield 76th St- 12th to Cedar\F-J\Trail Agreement\09-04-12-- Richfield TRPD agreement NMCRT 76th St-FINAL.docx Page 8 Trailway Cooperative Agreement EXHIBIT A 3 (3fID Public Trailway Easement and Agreement Nine Mile Creek Regional Trail 76th Street - 12th Avenue to Cedar Avenue Easement document, including legal description and graphic, that can be recorded with the County. Page 9 Trailway Cooperative Agreement EXHIBIT B '',3( /° Public Trailway Easement and Agreement Nine Mile Creek Regional Trail 76th Street — 12th Avenue to Cedar Avenue Fifteen (15) feet of road Right-Of-Way on the north side of 76st Street West, adjacent to the north right-of-way line, starting at the intersection of 12th Avenue South/76st Street West and ending at the intersection of Cedar Avenue South/76st Street West. a:„ ..._.r:;:::----,,"4'i°-; ....* )i..-'•]F.:-• !..,;,%:'=.;,..•-- ..iy.,,-,,.,...*1-:-.,,..:-iit:4::1, ...:,',..,?-•-.'F :ca.1 . 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'73 rt'L1. 78TH W61494 TO 12TH AVE SINTERSTATE•494 Y” :: Og,H 17' "1 - " L -INTERSTATE 494°° ,Ate' 12TH AVE,S TO EBJ494 _ 78TH a...1S.��: ,air.:c�'� ;.{ 4 . ....... ...... ...a.. .� ,. _�z-,i,,aa _ .- Page 10 Trailway Cooperative Agreement EXHIBITD 3p3,1J Typical Trail Section Nine Mile Creek Regional Trail 76" Street - 12th Avenue to Cedar Avenue 76TH ST:12TH AVE TO CEDAR AVE RECONSTRUCTION PROJECT THREE RIVERS PARK DISTRICT ESTIMATED CONSTRUCTION COST 8/24/12 TOTAL ESTIMATED QUANTITY ITEM NO. ITEM CODE ITEM DESCRIPTION UNITS UNIT COST SAP 167.961-027 ROADWAY LANDSCAPING ESTIMATED COST 2 2101.502 CLEARING TREE $ 247.00 1 $ 247.00 3 2101.507 GRUBBING TREE $ 91.00 1 $ 91.00 8 2104.501 REMOVE RETAINING WALL LIN FT $ 11.20 82 $ 918.40 9 2104.501 REMOVE FENCE LIN FT $ 4.50 183 $ 823.50 23 2104.521 SALVAGE FENCE LIN FT $ 4.50 209 $ 940.50 28 2106.607 EXCAVATION-COMMON (P) CU YD $ 7.94 1008 $ 8903.52 33 2211.503 AGGREGATE BASE(CV)CLASS 5(P) CU YD $ 24.06 504 $ 12,126.24 35 2360.501 TYPE SP 9.5 WEARING COURSE MIXTURE(2,B) TON $ 75.00 360 $ 27.00000 39 2411.618 MODULAR BLOCK RETAINING WALL SO FT $ 20.00 945 $ 18,900.00 75 2531.532 PEDESTRIAN CURB RAMP EACH $ 750.00 19 $ 14,250.00 76 2540.601 LANDSCAPING LS $ 1.00 1 $ 1.00 87 2557.603 INSTALL FENCE LIN FT $ 12.00 209 $ 2,508.00 88 2557.603 FENCING(TYPE A) LIN FT $ 15.00 117 $ 1,755.00 91 2557.603 FENCING(TYPED) LIN FT $ 32.00 63 $ 2,016.00 94 2564.531 SIGN PANELS TYPE C SO FT $ 45.00 4.5 $ 202.50 99 2572.502 CLEAN ROOT CUTTING LF $ 1.50 310 $ 465.00 105 2532.502 4"SOLID LINE WHITE-PAINT LIN FT $ 1.00 127 $ 127.00 106 2582.502 4"BROKEN LINE YELLOW-PAINT LIN FT $ 1.00 552 $ 552.00 109 2582.503 CROSSWALK MARKING-POLY SO FT $ 8.80 864 $ 7,603.20 ESTIMATED CONSTRUCTION COST $98,629.86 Page 12 Trailway Cooperative Agreement Three Rivers 3(3,0 PARK DISTRICT Paved Trail Maintenance Standards and Implementation Plan The Park District considers four primary management goals in the design, construction, operation, and maintenance of trails. • User Safety • Providing High-Quality Experiences • Protecting Natural Resources • Protecting Trail Infrastructure & Investment Due to the outdoor environment in which trails exist, trail surface conditions can vary from day to day reflecting current weather impacts, i.e. wet, icy, and dusty. The presence of natural materials, such as dirt, leaves, and branches on the surface can be expected, reflecting the natural surroundings adjacent to the trail and weather impacts such as wind and rain. Weather conditions may also affect the durability of pavement markings. Scheduled maintenance activities are not designed to immediately address all weather related trail impacts. General Maintenance Standards • Surfaces: Trail surfaces will be maintained in a condition that will enable users to have an enjoyable experience, generally smooth with limited cracks, bumps, potholes, and other irregularities. Debris will be blown, swept, or otherwise removed from the trail on an as needed basis. • Safety Inspections: Trails will be visually monitored regularly for safety concerns. All safety concerns will be mitigated as soon as practical. Safety concerns that can't be immediately dealt with may require additional signage or other markings, and/or temporary trail closure. • Signage: Trail signage will be monitored regularly and repaired or replaced as needed to maintain the integrity of the signage system. • Trail Crossing Pavement Markings and Center Stripping: Trail crossing and warning markings should be legible. Deteriorated trail crossing pavement markings, not the responsibility of the Park District, will be reported to the responsible agency. Center stripping will be inspected annually and reapplied as needed. • Support Structures: Trail support structures such as bridges, boardwalks, culverts, retaining walls and fences will be inspected at least annually with appropriate actions taken to address 1 of 3 03-02-09 P' 111 identified issues. Major structures will be included in the Park District's Asset Management Program to ensure long-term sustainability. • Amenities: Trailside amenities, such as benches, kiosks, water fountains, and trash containers, will be maintained in a clean and safe condition. Garbage will be collected on a scheduled basis depending on trail use. • Drainage/Erosion: Trails will be regularly monitored for drainage and erosion issues. Plans will be developed to address problems as soon as practical. • Clear Zones: Trail shoulders will generally be mowed or maintained to provide a minimum 3 ft. wide clear zone and overhanging vegetations will generally be maintained to provide a 10 ft. high clear zone. Exceptions may be maintained consistent with the trail design. • Weed Control: The Park District will treat for noxious weeds as needed. The Park District generally does not treat for broadleaf weeds but will evaluate and treat areas on an as needed basis in response to safety and other concerns. • Vandalism: Trail related vandalism will be reported to Park District Public Safety and addressed on a timely basis. • Encroachments: Trails will be regularly inspected for encroachments, which will be reported to Park District Public Safety and addressed on a timely basis. • Pavement Management: Trail surfaces will be included in the Park District's Pavement Management Program and will receive scheduled striping, crack filling, patching, seal coating and redevelopment according to Park District standards. Paved Trail Maintenance Implementation Plan • Shared Organizational Responsibility: Paved trail maintenance is a shared activity within the Park District's organizational structure with elements of responsibility assigned to the Departments of Maintenance, Natural Resources, Public Safety and Planning and Development. • Work Plans: Routine trail maintenance work plans are created by Maintenance Supervisors to reflect the needs of a trail section based on trail use and other factors relative to the particular section. Inspections and condition checks are scheduled to meet Park District standards. • Extraordinary Circumstances: Extraordinary and emergency maintenance will occur in response to storm damage, vandalism, or other unplanned circumstances. • Routine Work Schedule: Routine maintenance tasks are generally scheduled to occur two times per week between Memorial Day and Labor Day and may be reduced to once per week during the remainder of the season. Trail use, weather, budget, and other factors will be taken into consideration when determining frequency of maintenance tasks. • Winter Maintenance: The Park District's present policy provides for the operation of regional trail corridors from March 15 - November 15. Local municipalities have the option to 2 of 3 03-02-09 apply for a winter trail operations permit from Three Rivers Park District. If winter operations are permitted, the local municipality is responsible for operations and maintenance. The Park District may choose to permit public use of regional trails during the winter season under a "no maintenance" condition. • Adopt a Trail Program: The Park District provides the opportunity for the public to participate in the cleanup of trails. The program is coordinated by the Park District Volunteer Office and Trail Maintenance Supervisor. Program objectives: — Promote and develop citizen and community support for the regional trail system of Three Rivers Park District: — Establish an organized and self-sustaining method for bi-annual clean up of trash and litter on the regional trail system; and — Provide interested sponsor groups and individuals with an ongoing service opportunity that benefits the community, region, and the environment. The program plan establishes that sponsors must commit to at least two clean up days per year, preferably one in the spring and one in the fall. The Park District supplies a training presentation, garbage bags for the clean-up, and pick up of trash once the clean up is complete. All sponsors are recognized on the trail through signage. 3 of 3 03-02-09 AGENDA SECTION: CONSENT AGENDA ITEM# 3C REPORT# 167 MAIM STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 25, 2012 REPORT PREPARED BY: ROBERT HINTGEN,UTILITIES SUPERINTENDENT DEPARTMENT DIRECTOR Er REVIEW: 1[ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution certifying delinquent water, sanitary sewer and storm water utility accounts to the County Auditor. I. RECOMMENDED CTION: By Motion: Adopt the resolution certifying unpaid water, sanitary sewer and storm water service charges to the County Auditor to be collected with other taxes on said properties. II. BACKGROUND Chapter VII of the Richfield Ordinance Code provides that unpaid water, sanitary sewer and storm water charges may be certified to the County Auditor to be included in a property owner's annual property tax bill. The Ordinance Code also authorizes a certification fee to be charged against each delinquent account. By certifying the delinquent charges to the property taxes for the delinquent properties, the City is assured of ultimately collecting the delinquent charges. Below is a history of the increased certification since 2010. Certification amounts continue to increase due to the larger number of vacant and foreclosed homes and the poor economy. History of Increased Certification 2010 • Amount of certification Council considered at the Council Meeting on 9/28/10 was $360,499.52 for 912 properties. 09252012delinquent_utilitybills • Accounts paid before the 30 day certification deadline totaled $82,412.64. • Actual certification amount totaled $278,086.88 for 582 properties. 2011 • Amount of certification Council considered at the Council Meeting on 9/27/11 was $419,860.93 for 981 properties. • Accounts paid before the 30 day certification deadline totaled $120,883.38 • Actual certification amount totaled $298,977.55 for 591 properties. 2012 • Certification currently under consideration totals $455,314.52 for 1001 properties, an average of$454.86 per account. • Staff expects that, as in years past, many of the now delinquent accounts will be paid before certification. III. BASIS OF RECOMMENDATION A. POLICY • State Statute and Chapter VII of the Richfield Ordinance Code provide that unpaid water, sanitary sewer and storm water charges may be certified to the County Auditor to be included in a property owner's annual property tax bill. • A Notice of Certification to Property Taxes (see attached) will be mailed on September 27, 2012 to Richfield property owners owing utility charges. B. CRITICAL TIMING ISSUES • To prepay the special assessment and avoid certification, the entire past due amount must be paid by October 31, 2012 as stated in the attached Notice of Certification to Property Taxes. C. FINANCIAL • Throughout the year, the Division bills and collects charges for water, sanitary sewer and storm water from accounts within the City. • The charges include a 6.5% penalty on unpaid balances. This penalty is paid quarterly against the accrued unpaid balance. • The delinquent accounts must be certified to the County Auditor in order for the City to collect the charges through the property tax process. A $50 certification fee is charged to each account assessed to taxes. • The assessment is spread over a period of one year at the rate of 8% per annum. D. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • Do not approve the resolution. However, the certification process is the only process the City has to collect these delinquent accounts. V. ATTACHMENTS • Resolution authorizing certification of unpaid water, sanitary sewer and storm water service charges to the County Auditor to be collected with other taxes on said properties. • Notice of Certification to Property Taxes VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. 3e' RESOLUTION AUTHORIZING CERTIFICATION OF UNPAID WATER, SANTITARY SEWER AND STORM WATER SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES WHEREAS, Ordinance Code 715 establishes rules, rates and charges for water service in the City of Richfield; and WHEREAS, Minnesota Statutes 444.075 provides that all delinquent water service charges not paid may be certified to the County Auditor and shall be collected with other taxes on such property; and WHEREAS, Ordinance Code 705 established rules, rates and charges for sanitary sewer service in the City of Richfield; and WHEREAS, Ordinance Code 705.19 thereof provides that all sanitary sewer services charges not paid within 15 days after the quarterly due date may be certified to the County Auditor with taxes against such property, and shall be collected with other taxes on such property; and WHEREAS, Ordinance Code 720 established rules, rates and charges for storm water service in the City of Richfield; and WHEREAS, Ordinance Code 705.19 thereof provides that all storm water service charges not paid may be certified to the County Auditor with taxes against such properties, and shall be collected with other taxes on such property; and WHEREAS, an assessment roll has been prepared specifying the amount, which shall be certified against each particular property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. There is hereby determined to be a total uncollected amount for water, sanitary sewer and storm water service of$455,314.52 2. That a $50 certification charge shall be levied against each delinquent account, such charges totaling $50,050. 3. That the above-described assessment be spread over a period of one year at the rate of 8% per annum. 4. That such amount be hereby certified to the County Auditor for collection with other taxes on said properties. 5. That a copy of the resolution shall be sent to the Hennepin County Auditor. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of September 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 1 3( 2 _RICHFIELD City of Richfield Public Works Department Utilities Division September 27, 2012 Property Owner Address Line 1 Property ID: Tax Roll Numeric Property Owner Address Line 2 Property Owner Address Line 3 Account#: Account Number Property Owner Address Line 4. Customer#: Customer Number Property Owner Address Line 5 Tenant/Owner: Customer Name Property Owner Address Line 6 Service Addr: Service Address Past Due Amt: Current WO Balance Subject: **FINAL NOTICE OF CERTIFICATION TO 2013 PROPERTY TAXES** Dear Richfield Utility Customer: Pursuant to Minnesota State Statutes, the City of Richfield certifies all delinquent (water, wastewater, storm water) charges to the Hennepin County annual property tax assessment roll. Your unpaid water utility balance is scheduled to be certified to the 2013 Hennepin County tax assessment roll. To prepay this special assessment and avoid certification, please pay the entire past- due amount by October 31, 2012. Failure to pay the entire past-due amount will result in an additional . 8% interest charge and a $50.00 service fee when assessed to your 2013 property taxes. If you have recently paid your past due amount, thank you, and please disregard this notice. Contact the Utility Billing Division at 612-861-9164 or 612-861-9165 if you have any questions 1 regarding your past-due amount or assessment procedures. Information importante: Si usted no entiende el contenido de esta carta, alguien tendre que traducirla para usted. iGraciasl Please return this portion with your payment. Payment must be received by October 31, 2012 to avoid certification to your property taxes. I Mail payment to: City of Richfield, Utility Payments, 6700 Portland Ave S, Richfield, MN 55423 Account Number: Account Number Past Due Amount: Current WO Balance Customer Number: Customer Number Tenant/Owner: Customer Name Property ID: Tax Roll Numeric Service Address: Service Address Property Owner: Property Owner Address Line 1 Property Owner Address Line 2 F 4 Property Owner Address Line 3 F Property Owner Address Line 4 Date: Amount Paid: AGENDA SECTION: CONSENT AGENDA ITEM# 3D REPORT# 168 Middi STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 25, 2012 REPORT PREPARED BY: NANCY GIBBS, CITY CLERK NAME, TIT LIf DEPARTMENT DIRECTOR REVIEW: �>� rSIGNATURIi / - REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolutions appointing election judges and high school student trainee election judges for the November 6, 2012 General Election. I. RECOMMENDED ACTION: By Motion: Adopt the resolutions appointing additional election judges and appointing high school student trainee election judges for the General Election on November 6, 2012. II. BACKGROUND Minnesota Statute 204B.21 Subd. 2 provides that election judges for precincts in a municipality shall be appointed by the governing body of the municipality and that the appointments be made at least 25 days before the election at which the election judges will serve. On June 12, 2012, the City Council passed Resolution No. 10659, which appointed election judges whose names were on the election judge availability list. That appointment by the City Council allowed for them to serve as election judges at the Primary Election, the General Election or both elections. Election judges are assigned to the precincts based on availability, party balance and the number required for each election. The General Election will require assignment of the greatest number of available judges. Since the June 12 City Council appointment of election judges, the City Clerk's office has received several additional names of individuals who are eligible and able to serve as election judges for the Tuesday, November 6, 2012 General Election. 0925ELECTIONJUDGES Also Minnesota Statute 204B.19, Subd. 6 provides that a student enrolled in a high school in Minnesota who has attained the age of 16 is eligible to be appointed as a trainee election judge (without party affiliation). The student must meet qualifications for trainee election judges specified in rules of the Secretary of State. A student appointed as a trainee election judge may be excused from school attendance during the hours that the student is serving as a trainee election judge if the student submits a written request signed and approved by the student's parent or guardian to be absent from school and a certificate from the appointing authority stating the hours during which the student will serve as a trainee election judge to the principal of the school at least ten days prior to the election. The principal of the school may approve a request to be absent from school conditioned on acceptable academic performance. The City utilized high school student trainee election judges in the 1994, 1996, 1998, 2000, 2002, 2004, 2006, 2008 and 2010 elections. The City Clerk's office again has worked with Richfield High School to facilitate student participation in the High School Student Trainee Election Judge Program for the November 6, 2012 General Election. The City Clerk's office has received a list of students who are eligible and able to serve as student trainee election judges for the Tuesday, November 6, 2012 General Election. A III. BASIS OF RECOMMENDATION A. POLICY • The City Council is required by State Statute to make election judge appointments at least 25 days prior to the election. • The proposed resolutions contain names of those qualified individuals who have indicated a willingness and ability to serve as an election judge and names of high school student trainee election judges for the November 6, 2012 General Election. B. CRITICAL TIMING ISSUES • If the City Council does not appoint additional election judges or high school student trainee election judges, the conduct of the election would be hindered. C. FINANCIAL • N/A D. LEGAL • Compliance with Minnesota Statute 204B.21, Subd. 2 regarding election judges. • Compliance with Minnesota Statute 204B.19, Subd. 6 regarding high school student trainee election judges. • The General Election will be conducted on Tuesday, November 6, 2012. Therefore, the City Council should appoint additional election judges and student trainee judges to serve at this election. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The City Council could choose not to appoint the additional individuals who are named on the resolution to serve as judge. V. ATTACHMENTS • Resolution appointing additional election judges for the General Election of November 6, 2012. • Resolution appointing high school student trainee election judges for the General Election of November 6, 2012. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 31)1 RESOLUTION NO. RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES FOR THE GENERAL ELECTION OF NOVEMBER 6, 2012 WHEREAS, a General Election will be held on Tuesday, November 6, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, that the following are hereby appointed as judges for said election: Lancetta Allen Cheryl Avenson Peg Boothroyd Hazel Burnside Angela Carlson Kathy Collias Wallis Durham III Ed Fletcher Francie Fletcher Linda Foraker Gregory Frost Claire Gahler Jim Harding Mary Hayden Cheryl Hjortaas Mike Lueck Lori Marker Ruth Miller Barbara Moen Dean Moen Lee Monssen Melinda Olson Holly Rhodes Nathae Richardson Joshua Smith Jason Stroth Mike Vande Kamp Denise Walter Jeni Warwick And, that these names be added to the list of those appointed as election judges in Resolution No. 10659. PASSED by the City Council of the City of Richfield, Minnesota this 25th day of September, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. 31> RESOLUTION APPOINTING HIGH SCHOOL STUDENT TRAINEE ELECTION JUDGES FOR THE GENERAL ELECTION OF NOVEMBER 6, 2012 WHEREAS, a General Election will be held on Tuesday, November 6, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, that the following are hereby appointed as high school student trainee election judges for said election: Khadra Abdi Chandler Arredonda Deaijia Bazinet Jon Bonnett Stephanie Chavez Nathaniel Emry Joshua Evans Sam Fink Luke Gagnon Tenzin Gechey Farhoud Golafshan Tasia Harris Devin Hausk De'Janae Jamson Jessica January Siesse Jordan Archelle King-Miner Taylor Knox Anna Kragness Kayla Krey Kevin Krohn Amy Larson Hailey Lindblom Kory Lommen Lee Mai Joseph Matko Stephanie McGinness Courtney Miller Farah Mire Leah Mohn Vicky Nguyen Nam Nguyen-Tran Jennifer Omana Hinda Omar Danny Opitz Andrew Petersen Nick Pritchard Sarah Schroeder Alex Schulz Jordan Sims Robert Thomson Michael Tomkinson Aunrika Tucker-Shabazz Berenice Vargas Victoria Williams Laurel Youngquist Qing Yi Zhou PASSED by the City Council of the City of Richfield, Minnesota this 25th day of September, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 3E REPORT# 169 ••■All STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 25, 2012 REPORT PREPARED BY: JEFF PEARSON, TRANSPORTATION ENGINEER NAME,TITLE DEPARTMENT DIRECTOR 1r REVIEW: u /J REVIEWED BY CITY ' MANAGER: /`� �� ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of bid opening minutes for the East & West Connection Bicycle Routes Project. I. RECOMMENDED ACTION: By Motion: Accept the bid opening minutes for the East & West Connection Bicycle Routes Project. II. BACKGROUND The bid opening for the East &West Connection Bike Routes Project was held on September 13, 2012. As the minutes reflect, no bids were received. Follow-up conversations with interested contractors revealed that the required completion of the route signage and paint striping by October of this year was not realistic to their schedules. An extension on the project funding has been granted and the project will be bid again this fall with a Spring 2013 completion date requirement. III. BASIS OF RECOMMENDATION A. POLICY • The East &West Connection Bicycle Route projects were originally approved by the City Council on February 8, 2011. 09252012FederalBikewaysBidOpening B. CRITICAL TIMING ISSUES • The project is on schedule to advertise for bids a second time in late September of 2012. • Construction is now scheduled to begin in Spring of 2013. C. FINANCIAL • The funding for the project has been extended to 2013 to accommodate the revised construction schedule. D. LEGAL • The City Attorney will be available to answer questions. E. ENVIRONMENTAL CONSIDERATIONS • N/A. IV. ALTERNATIVE RECOMMENDATION(S) • None. V. ATTACHMENTS • September 13, 2012 Bid Opening Minutes VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None Anticipated CITY OF RICHFIELD, MINNESOTA Bid Opening September 13, 2012 10:00 a.m. Richfield Federal Bikeways Project Bid No. 12-07 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Theresa Schyma, Deputy City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Richfield Federal Bikeways Project, as advertised in the official newspaper on August 23, 2012. Present: Theresa Schyma, Deputy City Clerk Kristin Asher-Osberg, City Engineer Cheryl Krumholz, City Manager Representative No bids were received by September 13, 2012 at 10:00 a.m. The Deputy City Clerk announced that the bid minutes would be considered at the September 25, 2012 City Council Meeting. Theresa Schyma Deputy City Clerk AGENDA SECTION: PROP. ORDINANCE AGENDA ITEM# 5 REPORT# 170 maga STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 25, 2012 REPORT PREPARED BY: CORRINE HEINE, CITY ATTORNEY N ME, TITLE DEPARTMENT DIRECTOR 46 ' , , // REVIEW: far, A S/GNATURL REVIEWED BY CITY 4IIgj/SIP ITEM FOR COUNCIL CONSIDERATION: Reconsideration, amendment and adoption of an ordinance amending subsection 601.25 of the Richfield City Code, relating to placement of waste containers I. RECOMMENDED ACTION: By Motion: Reconsider the adoption of an ordinance relating to storage of garbage, refuse, yard waste and recyclables containers, amending subsection 601.25 of the Richfield City Code; By Motion: Amend the proposed ordinance to provide for an effective date immediately after publication; and By Motion: Adopt an ordinance, as amended, relating to storage of garbage, refuse, yard waste and recyclables containers, amending subsection 601.25 of the Richfield City Code. II. BACKGROUND On September 11, 2012, the City Council adopted an ordinance amending subsection 601.25 of the Richfield City Code. City staff had requested the amendment in order to clarify wording in the ordinance that the Hennepin County District Court had found ambiguous. As a result of the court ruling, the City staff has not been enforcing the ordinance. 09/25/12 Garbage Container Revision Prior to adopting the ordinance, the City Council approved an amendment that would postpone enforcement of the ordinance until June 1, 2013. After the meeting, the environmental health staff reminded the City Attorney and City Manager that there is not an enforceable ordinance in place at the current time and that, as a result of the amendment, the City would be unable to enforce limits on the placement of containers until June 2013. The City Manager and City Attorney believe that the Council did not intend that result. This matter therefore is presented for reconsideration by the council. If approved by the council, the proposed ordinance would become effective 30 days after publication. The Public Safety Department intends to resume enforcement of the prohibition on containers being placed in front of houses, because that is consistent with the department's practice for the last 30 years. With respect to containers located in side and rear yards, the department proposes to use warnings to educate the public that if containers aren't being kept immediately adjacent to the rear or side portion of the principal building that it is a violation and the City will begin issuing citations for violations in June 2013. This will give residents a period of time to make appropriate changes on their properties so that containers can be stored in enclosures or be placed immediately adjacent to a building. III. BASIS OF RECOMMENDATION A. POLICY • The City wants its ordinances to be clear and unambiguous, so that the public can readily understand what the ordinance requirements are, and so that Public Safety can effectively enforce the ordinances. B. CRITICAL TIMING ISSUES • The Public Safety Department is not enforcing the ambiguous ordinance language, such as the placement of containers in front of a principal building. • The proposed change in effective date would allow the Public Safety Department to resume issuing citations for containers placed in front of houses. C. FINANCIAL • None. D. LEGAL • Any member of the Council may move to reconsider the ordinance previously adopted. • The ordinance has not yet been published, so the ordinance can be reconsidered and amended rather than repealed. • The City Attorney prepared an amended ordinance 09/25/12 Garbage Container Revision E. ENVIRONMENTAL CONSIDERATIONS • Placement of containers behind the front plane of the principal structure reduces visual clutter and unsightly conditions. IV. ALTERNATIVE RECOMMENDATION(S) • None. V. ATTACHMENTS • Ordinance, with amendment for effective date. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 09/25/12 Garbage Container Revision 5- I BILL NO. AN ORDINANCE RELATING TO STORAGE OF GARBAGE, REFUSE, YARD WASTE AND RECYCLABLES CONTAINERS; AMENDING SUBSECTION 601.25 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 601.25 of the Richfield City Code is amended to read as follows. Storage of garbage, refuse and recyclables containers. Garbage cars, refuse, yard waste and recyclables containers for single- and two-family residential properties must be located alongside or behind the housc or _- _ _- _ _ - . -- _ . - • . _ -' as provided in this subsection. Except when placed for collection, containers must be stored within an enclosed structure or in the rear or side yard of the property immediately adjacent to a principal or accessory structure. Containers may not be stored in front of any part of the principal building on the property. Sec. 2. This ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted this of , 2012. By: Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 09/25/12 Garbage Container Revision