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102312completeagenda CITY OF RICHFIELD, MINNESOTA TUESDAY, OCTOBER 23, 2012 RICHFIELD MUNICIPAL CENTER 6700 PORTLAND AVENUE SPECIAL CITY COUNCIL MEETING BABCOCK ROOM 5:45 P.M. AGENDA Call to order Roll call 1. Interview of persons interested in serving as youth members on City's advisory commissions Notes: Adjournment SPECIAL CITY COUNCIL WORKSESSION BARTHOLOMEW ROOM 6:00 P.M. AGENDA Call to order Roll call 1. Discussion regarding Fourth of July carnival (Council Memo No. 115) Notes: 2. Discussion regarding proposed band shell (Council Memo No. 116) Notes: Adjournment 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 Worksession of October 9, 2012 and (2) Regular City Council Meeting of October 9, 2012 PRESENTATION 1. Annual meeting with Community Services Commission COUNCIL DISCUSSION 2. Council discussion • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 3. Council approval of agenda CONSENT CALENDAR 4. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action on these items is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of resolution authorizing conveyance of real property located at 6812-14th Avenue to HRA S.R. No. 178 B. Consideration of approval of resolution granting subdivision waiver allowing division of 7225 First Avenue into two single-family lots S.R. No. 179 C. Consideration of approval of resolution authorizing City of Richfield to enter into agreement#96150 for installation and maintenance of railroad crossing signals at intersection of West 70th Street with railroad tracks of Progressive Rail, Inc. in Richfield S.R. No. 180 D. Consideration of approval of resolution authorizing amendment of Mn/DOT Agreement No. 93492 accepting additional funds in amount of$20,000 to be used for preliminary engineering on West Connection and East Connection Bicycle Route Project S.R. No. 181 E. Consideration of approval of renewal of contract with Chief's Towing, Inc., 8610 Harriet Avenue, Bloomington, MN., for Public Safety towing services from December 1, 2012 through November 30, 2013 S.R. No. 182 F. Consideration of approval of award of contract to Plunkett's Pest Control to furnish and install netting to underside of picnic shelter roof located in Veterans Park in amount of$11,420 plus applicable sales tax S.R. No. 183 G. Consideration of approval of continuation of agreement with City of Bloomington for food inspection services for Richfield for 2013 S.R. No. 184 H. Consideration of approval of public health and environmental health mutual aid agreement S.R. No. 185 I. Consideration of approval of request for temporary on-sale intoxicating liquor license for Church of St. Richard, 7540 Penn Avenue, for annual November Fest on November 10 and 11, 2012 S.R. No. 186 Notes: 5. Consideration of item(s), if any, removed from Consent Calendar Notes: PROPOSED ORDINANCE 6. Consideration of second reading of ordinance amendment to City Administrative Code Chapter III, Section 310 (Administrative; human resources) repealing certain provisions Staff Report No. 187 Notes: RESOLUTION 7. Consideration of resolution supporting Richfield Public School District 280 levy referenda Staff Report No. 188 Notes: OTHER BUSINESS, 8. Consideration of appointments to fill youth membership terms on City's advisory commissions Staff Report No. 189 Notes: 9. Consideration of City Council's confirmation of Mayor's appointment of Housing and Redevelopment Authority Commissioner for five-year term commencing October 23, 2012 and expiring October 23, 2017 Staff Report No. 190 Notes: CITY MANAGER'S REPORT 10.City Manager's Report Notes: 11.Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: 12.Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. CITY OF RICHFIELD, MINNESOTA Office of City Manager October 18, 2012 Council Memorandum No. 115 The Honorable Mayor and Members of the City Council Subject: Fourth of July Carnival (Worksession Agenda Item No. 1) Council Members: City Council received the attached Council Memo on July 12, 2012 regarding observations of the recent Fourth of July Celebration from the Public Safety Department with a recommendation that City Council consider discouraging the inclusion of a carnival at future 4t" of July celebrations in Richfield. The Fourth of July Committee discussed the matter at their meeting on September 20, 2012 and requested staff to schedule a worksession with City Council to discuss next year's celebration. The Committee's contract with Minnesota's Magic Midway, Inc. to conduct carnival services expires at the end of next year's event. The Fourth of July Committee's President, Katherine Robinson, and other committee members are scheduled to meet City Council at the upcoming Worksession on October 23 at 6:00 p.m. Re%I - ly submitte „,---- , (..4,...41 even L. Devi City Manager SLD:cak Email: Department Directors Assistant City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager July 12, 2012 Council Memorandum No. 82 The Honorable Mayor and Members of the City Council Subject: Fourth of July Assessment— Public Safety Department Council Members: The City of Richfield assists the 4th of July Committee in hosting an annual 4th of July Celebration. The event culminates with a fireworks display in Veterans Park the night of July 4th The Richfield Police Department, in partnership with Hennepin County deputies, provides a strong police presence and takes aggressive enforcement actions when appropriate during the evening of July 4th when the park is very crowded with large groups of people. This year, deputies and officers initiated 19 calls for service in the park (the number of actual police contacts was higher) and the majority of these contacts were near the carnival. These contacts include disorderly conduct, assault and weapons violations. In addition, there were nine different street gangs identified in the park. More importantly, officers identified and arrested a 17 year old gang member and a 19 year old gang member in the park with guns. Officers made contact with a third individual leaving the park, who also had a handgun. Charges are pending on all of the suspects arrested. Violent Offender Task Force officers (VOTF), assisting in the security detail and familiar with gangs in the metro area, were surprised that Richfield didn't have more problems with the mix of Minneapolis north-side gangs present at the event this year. Although there may be a number of contributing factors for calls for service during 4th of July events, the Police Department believes the carnival is the primary source of concern and attraction for the gang presence. To that end, staff recommends that the City Council consider discouraging the inclusion of a carnival at future 4th of July celebrations in Richfield. If Council Members have any questions concerning this matter or wish to discuss it further, please let me know. Respectfully submitted, Steven L. Devich City Manager SLD:cak Email: Department Directors Assistant City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager October 18, 2012 Council Memorandum No. 116 The Honorable Mayor and Members of the City Council Subject: Band Shell Report (Worksession Agenda Item No. 2) Council Members: At the July 17, 2012 meeting of the Community Services Commission the Band Shell Committee was encouraged to meet with representatives of Best Buy to determine its interest in helping with the financing of the new band shell being projected for the City of Richfield. A committee consisting of Steve Devich, Jim Topitzhofer, Sue Sandahl and David J. Butler met with Susan Bass Roberts, Director of the Community Relations Department of Best Buy. The group was well received and it was suggested the Band Shell Committee file an application for a capital grant with Best Buy before the end of January, 2013. Following the meeting the committee was informed by Best Buy that it would be desirable to have a feasibility study performed to determine the level of interest in the community for a fund drive to support the construction of the band shell. The feasibility study, which will be paid for by Best Buy, needs to be prepared by the end of January, 2013. The Excelsior Bay Group LLC, a company recommended by Best Buy, has agreed to complete a feasibility study. Because Best Buy Foundation will only grant funds to a non-profit organization, the Richfield Foundation was approached and has agreed to be the fiscal agent to receive the grant if awarded. The Band Shell Committee gave a progress report to the Community Services Commission on October 16, 2012. The Commission was supportive of a fundraising effort to build a facility pending the results of a feasibility study, a noise study and public input process. The Band Shell Committee expressed the importance of receiving official support to build a Band Shell from the City Council in advance of submitting a proposal to Best Buy and recommended that the City Council consider adopting a resolution stating that it will proceed with plans to construct a band shell at Veterans Memorial Park, east of the ice rink. The Community Services Commission passed a motion to authorize the Band Shell Committee to forward the Committee's recommendation to the City Council provided that a feasibility study and noise study be completed first and a public input process is developed. . The Band Shell Committee is expected to present a report to the City Council at the doh session on October 23, 2012 at 6:00 p.m. Ilec ully submittz: t eg. / // icilP teven . Devi , P City Manager SLD:cak Email: Department Directors Assistant City Manager CITY COUNCIL MINUTES Richfield, Minnesota ee/ Special City Council Worksession October 9, 2012 CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:45 p.m. in the Bartholomew Conference Room. ROLL CALL Council Members Debbie Goettel, Mayor; Tom Fitzhenry; Pat Elliott; Fred Wroge; and Present: Sue Sandahl Staff Present: Steven L. Devich, City Manager; Jim Topitzhofer, Recreation Services Director; Pam Dmytrenko, Assistant City Manager; Christine Costello, Community Development Coordinator; and Cheryl Krumholz, Executive Coordinator Item #1 FAA PRESENTATION ON PERFORMANCE-BASED NAVIGATION PROCEDURES AT MINNEAPOLIS-ST. PAUL INTERNATIONAL AIRPORT (COUNCIL MEMO NO. 109) Chad Legve, Manager Noise, Environment and Planning, and Carl Rydeen, FAA Assistant Air Traffic Manager-MSP, reviewed the performance based navigation procedures that could provide for better aircraft noise abatement in communities surrounding the airport. They discussed the PBN procedures and their impact on Richfield, including a definite or shared aircraft noise track. Mr. Legve and Mr. Rydeen also reviewed the process to implement the PBN procedures at MSP. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:50 p.m. Date Approved: October 23, 2012 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MEETING MINUTES , e Richfield, Minnesota gc; 41-'e ' tr Regular Meeting October 9, 2012 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 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; Wayne Kewitsch, Fire Services Director; Bill Fillmore, Liquor Operations Director; Chris Regis, Finance Manager; Corrine Heine, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM Peter Toensing; 7109 Garfield Avenue, and Brian McGlinn, 7316 Aldrich Avenue, representing Citizens for a Quality Community, requested the City Council approve at their next meeting, a resolution supporting the Richfield Public School District 280 levy referenda on the November 6, 2012 General Election ballot. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Wroge, S/Sandahl to approve the minutes of(1) Regular City Council Meeting of September 25, 2012. Motion carried 5-0. Item #1 PRESENTATION OF CERTIFICATE OF RECOGNITION TO FLOYD W. ROMAN Mayor Goettel presented the certificate of recognition. Council Meeting Minutes -2- October 9,2012 Item #2 ANNUAL MEETING WITH FRIENDSHIP CITY COMMISSION Roger Swanson, Chair, presented the commission report. Item #3 PRESENTATION OF RICHFIELD TOURISM PROMOTION BOARD, INC. FINANCIAL REPORT FOR YEAR-END DECEMBER 31, 2011 Pat Brekken, Richfield Tourism Promotion Board, Inc. representative, distributed the report. Item #4 PRESENTATION BY RICHFIELD SCHOOL DISTRICT SUPERINTENDENT ROBERT SLOTTERBACK Superintendent Slotterback provided information regarding the Richfield Public School District 280 levy referenda on the November 6, 2012 General Election ballot. Item #5 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Sandahl announced the 35W Solutions Alliance Transportation Candidate Forum on October 24 at the Municipal Center. Council Member Fitzhenry announced the open houses scheduled in Eagan and Minneapolis regarding the performance based navigation procedures at MSP Airport that could provide better aircraft noise abatement in Richfield. Council Member Fitzhenry announced that the Beyond the Yellow Ribbon Program in Richfield is sponsoring the welcoming of more cities into the program. Council Member Fitzhenry announced the Beyond the Yellow Ribbon Veterans Day event on November 11 at the All Veterans Memorial in Richfield. Mayor Goettel and Council Members Sandahl and Elliott expressed their support for the school referenda and requested it be on the October 23 City Council agenda. Item #6 COUNCIL APPROVAL OF AGENDA M/Wroge, S/Fitzhenry to approve the agenda. Motion carried 5-0. Item #7 CONSENT CALENDAR A. Consideration of approval of first reading of ordinance amendment to City Administrative Code Chapter III, Section 310 (Administrative; human resources) repealing certain provisions and scheduling second reading for October 23, 2012 S.R. No. 171 B. Consideration of approval of award of contract to Leo A Daly for design, engineering and architectural services for renovation of Fire Station 2 S.R. No. 172 M/Goettel, S/Sandahl to approve the Consent Calendar. Motion carried 5-0. Council Meeting Minutes -3- October 9,2012 Item #8 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item #9 PUBLIC HEARING AND SECOND READING OF ORDINANCE AUTHORIZING CAPITAL IMPROVEMENTS TO UPGRADE MUNICIPAL LIQUOR STORE AT 6444 LYNDALE AVENUE S.R. NO. 173 Council Member Sandahl presented Staff Report No. 130. M/Fitzhenry, S/Sandahl to close the public hearing. Motion carried 5-0. M/Sandahl, S/Goettel that this constitutes the second reading of Bill No. 2012-14, Transitory Ordinance 18.85 approving capital improvements for renovation of municipal liquor store at 6444 Lyndale Avenue, pursuant to Richfield City Charter Section 8.04. Motion carried 5-0. Item #10 PUBLIC HEARING REGARDING RESOLUTION ADOPTING SPECIAL ASSESSMENT ROLL FOR WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE PROPERTY S.R. NO. 174 Council Member Fitzhenry presented Staff Report No. 174. MNVroge, S/Sandahl to close the public hearing. Motion carried 5-0. M/Fitzhenry, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO.10705 RESOLUTION ADOPTING ASSESSMENT FOR WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE PROPERTY. Motion carried 5-0. This resolution appears as Resolution No.10705. Item #11 PUBLIC HEARING REGARDING RESOLUTION ADOPTING ASSESSMENT FOR UNPAID FALSE ALARM USER FEES AGAINST PRIVATE PROPERTY S.R. NO. 175 Council Meeting Minutes -4- October 9,2012 Mayor Goettel presented Staff Report No. 175. MNVroge, S/Sandahl to close the public hearing. Motion carried 5-0. M/Goettel, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO.10706 RESOLUTION ADOPTING ASSESSMENT FOR UNPAID FALSE ALARM FEES FROM PRIVATE PROPERTY. Motion carried 5-0. This resolution appears as Resolution No.10706. Item #12 CONSIDERATION OF RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE PREMIUMS FOR GENERAL SERVICES AND MANAGEMENT EMPLOYEES S.R. NO. 176 Council Member Wroge presented Staff Report No. 176. MNVroge, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO.10707 RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE PREMIUM FOR MANAGEMENT AND GENERAL SERVICES EMPLOYEES Motion carried 5-0. This resolution appears as Resolution No.10707. Item #13 CONSIDERATION OF COOPERATIVE AGREEMENT BETWEEN CITY AND MINNEHAHA CREEK WATERSHED DISTRICT FOR PURPOSES OF ADVANCING LEGION/TAFT LAKE IMPROVEMENT PROJECT S.R. NO. 177 Council Member Elliott presented Staff Report No. 177. Council Member Wroge questioned why the MCWD was not responsible for taking over the payment of the bonds if the MAC wants the land back. Public Works Director Eastling explained that Taft Park in owned by MAC and leased by the City. He also explained the financial responsibilities and the rationale for the MCWD and the City. City Manager Devich explained there is minimal risk of MAC taking the property back based upon the project improvements planned. M/Elliott, S/Goettel to approve the cooperative agreement between the City and Minnehaha Creek Watershed District for purposes of advancing Legion/Taft Lake Improvement Project. Motion carried 5-0. Council Meeting Minutes -5- October 9,2012 Item #14 CITY MANAGER'S REPORT City Manager Devich discussed the Hennepin County investigative process underway related to the recent police officer involved shooting. He expressed confidence and faith in the Richfield Police Department. Item #15 CLAIMS AND PAYROLLS M/Sandahl, S/Wroge that the following claims and payrolls be approved: U.S. Bank 10/09/12 NP Checks: 216577-216935 $ 959,227.49 Payroll: 87192-87510 $ 550,769.54 TOTAL $ 1,509,997.03 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:22 p.m. Date Approved: October 23, 2012 Debbie Goettel Mayor • Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 4A REPORT# 178 STAFF REPORT RICHFIELD CITY COUNCIL MEETING OCTOBER 23, 2012 REPORT PREPARED BY: JULIE URBAN/KATE AITCHISON, HOUSING SPECIALIST NAME,TITLE DEPARTMENT DIRECTOR REVIEW: •` F I SIGN TURF REVIEWED BY CITY /,_ `cA' .I ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing the conveyance of real property located at 6812 14th Avenue to the Housing & Redevelopment Authority. I. RECOMMENDED ACTION: By Motion: Approve a resolution authorizing the conveyance of real property located at 6812 14th Avenue to the Housing & Redevelopment Authority. II. BACKGROUND On January 17, 2012 the Housing & Redevelopment Authority (HRA) authorized the purchase of 6812 14th Avenue for development under the Richfield Rediscovered Program. The quit claim deed erroneously transferred the property to the City of Richfield instead of the Richfield HRA. Approval of the resolution will authorize the transfer of the property to the HRA. III. BASIS OF RECOMMENDATION A. POLICY • The HRA is given the authority to purchase property in order to implement housing programs in the City. • The HRA purchased the property for the Richfield Rediscovered Program. 102312 Resolution transferring 6812 14th.doc B. CRITICAL TIMING ISSUES • Transfer of the property to the HRA will allow the HRA to sell the property through the Richfield Rediscovered Program. C. FINANCIAL • The HRA used Housing & Redevelopment funds to purchase the property. There was no cost to the City. D. LEGAL • The City Attorney prepared the resolution authorizing the transfer. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Decide not to transfer the property to the HRA. V. ATTACHMENTS • Resolution • Quit Claim Deed VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A 0- 1 RESOLUTION NO. RESOLUTION AUTHORIZING THE CONVEYANCE OF REAL PROPERTY LOCATED AT 6812 14TH AVENUE WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield, (the "HRA") entered into a purchase agreement dated December 29, 2011 for the purchase of property located at 6812 14th Avenue and legally described as The East 1/2 of Block 6 except the North 126 feet thereof and except the South 320.3 feet thereof, Rich Fields, Hennepin County, Minn. (the "Property"); and WHEREAS, at closing on the purchase of the Property, the deed erroneously conveyed the Property to the City of Richfield instead of to the HRA; and WHEREAS, the City of Richfield desires to correct the error by quit claiming its interest in the Property to the HRA; and WHEREAS, although the City Charter requires that sales of property must be approved by ordinance, under Minnesota Statutes section 471.64, the City may enter into a contract with another political subdivision, such as the HRA, for the sale of real property without regard to charter provisions; and WHEREAS, compliance with charter requirements to correct a clerical error would result in unnecessary delay and expense. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota as follows: 1. The City Manager and Mayor are authorized and directed to execute a Quit Claim Deed to convey the Property to the Housing and Redevelopment Authority in and for the City of Richfield and to take such other actions as may be necessary to effectuate the conveyance. Adopted by the City Council of the City of Richfield, Minnesota this day of , 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk LI A Quit Claim Deed STATE DEED TAX DUE HEREON: $1.70 Consideration for this transfer is less than $500.00. Date: FOR VALUABLE CONSIDERATION, City of Richfield, a Minnesota municipal corporation, Grantor, hereby conveys and quitclaims to Housing and Redevelopment Authority in and for the City of Richfield, a public body corporate and politic under the laws of the State of Minnesota, Grantee, real property in Hennepin County, Minnesota,described as follows: The East 1/2 of Block 6 except the North 126 feet thereof and except the South 320.3 feet thereof, Rich Fields together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: easements in favor of the City of Richfield, if any. THE CITY OF RICHFIELD Affix Deed Tax Stamp Here By Its Mayor By Its City Manager 403379v1 CBR RC125-321 1 1 ! 3 STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN The foregoing was acknowledged before me this day of , 2012, by Debbie Goettel, the Mayor of the City of Richfield, a municipal corporation under the laws of Minnesota, on behalf of the corporation, Grantor. NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RAK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN The foregoing was acknowledged before me this day of , 2012, by Steven L. Devich,the City Manager of the City of Richfield, a municipal corporation under the laws of the State of Minnesota, on behalf of the corporation, Grantor. NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RAK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Check here if part or all of the land is Registered(Torrens)C✓( Tax Statements for the real property described in this instrument should be sent to(include name and address of Grantee): Housing and Redevelopment Authority in and for the City of Richfield 6700 Portland Avenue South Richfield, MN 55423 This instrument drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 403379v1 CBR RC125-321 AGENDA SECTION: CONSENT AGENDA ITEM# 4B REPORT# 179 STAFF REPORT RICHFIELD CITY COUNCIL MEETING OCTOBER 23, 2012 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER N NAME,TITLE DEPARTMENT DIRECTOR REVIEW: --- --V SIGNATURE ir REZ :BYCITY W /`�i ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the request for a subdivision waiver which would allow division of 7225 1st Avenue into two single-family lots. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution granting a subdivision waiver for 7225 1st Avenue. II. BACKGROUND The Richfield Housing and Redevelopment Authority (HRA) has entered into a purchase agreement with the owner of 7225 1st Avenue. Approval of this purchase is contingent upon the City Council's approval of a subdivision waiver to split the 100-foot wide lot into two 50-foot wide lots. The existing structures (home and garage) would be removed and the two vacant lots made available for sale through the Richfield Rediscovered Program and the New Home Program for the construction of two new homes. The proposed lots will meet the minimum width and depth requirements; however, the total area of the two parcels will be 360 square feet and 353 square feet short of the minimum lot area requirement of 6,700 square feet. City Code allows the Council to vary or modify such requirements to allow development in a reasonable manner when the land in question "is surrounded by such development or unusual conditions that the strict application of the requirements" would result in hardship or injustice. All but two lots on the block are of similar size (50 feet by 127 feet). In 102312 - 7225 1st Ave Subd. Waiver addition, an alley is located on the block, which removes seven feet from the length of each lot. The proposed subdivision will not be out of character with the existing neighborhood and will allow for the removal of a substandard house that encroaches into both the required rear and side yard setbacks. Staff does not believe that the proposal would harm the "public welfare" or "interests of the surrounding area" and the "general intent and spirit of [City regulations] is preserved." III. BASIS OF RECOMMENDATION A. POLICY • Subsection 500.05, Subd. 2 - In cases in which compliance with the City's platting requirements result in unnecessary hardship and when failure to comply with said requirements does not interfere with the purpose and intent of the regulations, the Council may adopt a resolution authorizing a waiver from the subdivision requirements. • Subsection 500.21 - Whenever a tract is to be subdivided or platted is of such unusual size or shape, or is surrounded by such development or unusual conditions that the strict application of the requirements contained in this section would result in a substantial hardship or injustice, the Council may vary or modify such requirements so that the subdivider is allowed to develop his property in a reasonable manner, but in such a manner that the public welfare and interests of the City and surrounding area are protected and the general intent and spirit of this section is preserved. B. CRITICAL TIMING ISSUES • If approved, the HRA will complete acquisition of the property by the end of November. • The attached resolution makes subdivision of the lots contingent upon the transfer of ownership to the HRA. • The new parcels will be appraised. One lot will be made available for sale through the Richfield Rediscovered program in 2013. The second lot will be made available for development through the New Home Program at some time in the future. C. FINANCIAL • N/A D. LEGAL • Although not legally required, notice of this request has been sent to properties within 350 feet of the property. • 60-DAY RULE: The 60-day clock `started' when a complete application was received on October 12, 2012. A decision must be given by December 12, 2012 OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days in total) for issuing a decision. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Deny the request if a finding of fact determines that the proposal does not meet requirements. V. ATTACHMENTS • Resolution • Survey (includes available buildable area of new lots) • Surrounding zoning and land use maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Community Development Staff RESOLUTION NO. LI �. RESOLUTION AUTHORIZING A SUBDIVISION WAIVER FOR 7225 1st AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of a subdivision waiver for the division of certain parcels of land located at 7225 1st Avenue, legally described as: Parcel One: Lots 11 and 12, Block 1, Scheubles First Addition, Hennepin County, Minnesota WHEREAS, the applicant proposes to divide the above-described Parcel A into two parcels, legally described as: Parcel A: Lot 11, Block 1, Scheubles First Addition, Hennepin County, Minnesota Parcel B; Lot 12, Block 1, Scheubles First Addition, Hennepin County, Minnesota WHEREAS, the City has fully considered the request for approval for the subdivision waiver; and WHEREAS, the City Council finds that compliance with the City Code Section 500.05, Subdivision 1 would result in substantial hardship and that failure to comply therewith will not interfere with the purposes of the platting regulations of Section 500.01. WHEREAS, the City Council finds that the parcel of land to be subdivided is surrounded by such development and unusual conditions as to make compliance with minimum lot area requirements a substantial hardship and that failure to comply with minimum lot area requirements will not injure the public welfare and that the interests of the City and surrounding area are protected and the general intent and spirit of minimum lot area requirements is preserved. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A waiver for the subdivision of the Subject Property legally described above is hereby granted; 2. This waiver is subject to the following condition: • That the HRA complete the purchase of the property; and • That following the approval of the necessary demolition permits, the existing home and garage located at 7225 1st Avenue are removed. 3. Once purchase and demolition are completed, City staff is authorized and directed to take any action necessary to effectuate this Resolution and to authorize the recording of conveyances complying with the terms of this Resolution. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of October, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk CERTIFICATE OF SURVEY LEGAL DESCRIPTION: LOTS 11 AND 12, BLOCK 1, SCHEUBLES FIRST PREPARED FOR: ADDITION, HENNEPIN COUNTY, MINNESOTA CITY OF RICHFIELD JULIE URBAN Scale, In Feet 6700 PORTLAND AVENUE SOUTH Femmatsza RICHFIELD, MN 55423 0 20 I I 60 I HOUSE 14 / #7221 ///////// � /- S89°30'41"W ? (12� 570 PLAT) .. o ' , .. % i ate. ,,, J e a b e e e 0 0 0 c0 5 FOOT SETBACK — -177V/3/126(//// 4� 7/j / 1 / 40 _ ~ ¢ s' ,n w HOUSE J j N n #7225 /c2 20)O t /c3///////// L ,- O —' 0)O— O - ll T _ I w r. I G 12:3. /O rn i v ppj o % 22 / / 2 .- .. ° » — — 5 FOOT SETBACK / , S89' 57 W °10 126.94 (127°56 PLAT) _ ; 1.4 p °1 D / GARAGE ._; cil �. O 5 FOOT SETBACK — / / lei to-.1 0L a- o �\ T_ m DRIVEWAY 07 GL' ,Q i I F— oio o v I I I •Ch b. mot-o o Ap s.. to e-- 9.9 cv \ 'O• HED , ,n O� t 5 FOOT SETBACK o ` °� N89°32'57" 12682 (127.55 PLAT) ki,7 1.///////— 4_ y/////////////////////// 0SHE ii GARAGE / / HOUSE #7233 / (\ -T- \/ NOTES: 14 I 60 I 1) THIS SURVEY WAS PERFORMED WITHOUT ( , THE BENEFIT OF A TITLE INSURANCE LEGEND: COMMITMENT. SET 1/2" REBAR 2) ADDRESS OF THE SUBJECT PROPERTY: o W/CAP #44109 7225 1ST AVENUE SOUTH, RICHFIELD, MN 55423 POWER POLE P.I.D.:34-028-24-13-0058 Dl GATE VALVE 3) EXISTING PARCEL AREA: 12,687 SQ. FT. 4 LIGHT POLE LOT 11 AREA: 6,340 SQ. FT. LOT 12 AREA: 6,347 SQ. FT. MH MANHOLE 4) BEARING BASIS IS ASSUMED. 5) DATE OF FIELDWORK: 10-10-2012 . DECIDUOUS TREE (SIZE IN INCHES) CERTIFICATION CONIFEROUS TREE (SIZE IN INCHES) I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. ia\-, 'OVERHEAD UTILITY LINE SIGNED WOOD FENCE Travis W. Van Neste, Minnesota Professional Surveyor #44109 Michigan Professional Surveyor #46695 CHAINLINK FENCE JOB # 2012073 ISSUED: 10-11-2012 DRAWN BY: TWVN REV: SCALE: 1" = 20 FEET i CONCRETE SURFACE VAN NESTE SURVEYING PROFESSIONAL SURVEYING SERVICES ��++ 85 WILDHURST ROAD EXCELSIOR, MN 55331 V �7 BITUMINOUS SURFACE PHONE (952) 686-3055 TOLL—FREE FAX (866) 473-0120 WWW.VANNESTESURVEYING.COM SHEET 1 OF 1 7225 1st Ave L163 Subdivision Waiver 10/2012 Surrounding Comprehensive Plan Designations Augsburg Park — — — — L.-- 72nd Stree ---- ----- LDR ----- LDR r LDR [ LDR co LDR oi DR LDR LDR LDR L LDR LDR LDR LDR j LDR LDR LDR LDR I LDR LDR LDR LDR LDR LDR y LDR LDR > th LDR LDR >LDR LDR i C I LDR LDR Q ! — LDR LDR e– LDR N LDR LDR F I LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR I LDR LDR ----- ------- LDR LDR LDR LDR LDR LDR E LDR LDR I LDR LDR i- l { LDR LDR LDR LDR � I LDR , 73rd Street LDR LDR LDR LDR 1 LDR LDR L I y LDR 1 N A , , , , , 0 Le end 0 40 80 160 240 320eet g LDR- Low Density Residential is\GIS\Community Development\Staff\Melissa\Projects2oning Cases\7225 1st-CP.mxd 7225 1st Ave 216-4 Subdivision Waiver 10/2012 Surrounding Lot Widths (measurements in feet) 72nd Stree — 49 4 49 49 9 49 50 50 W 50 50 cn 50 50 50 50 50 50 50 50 50 50 50 50 d 50 i 50 50 50 --- -------- - a 50 5 >50 i 50 c 50 50 Q 1 d 50 50 50 N 50 50 100 E 50 50 50 50 50 50 50 50 50 I 50 50 50 50 50 50 50 100 - 50 --__ I 50— � I 50 50 �- - - 49 49 • 49 49 0 73rd Street J I ( 50 ! 50 I , 74 70 70 j , ' I I i 75 -- - - f i � I- , I i I N I A - . , , 0 40 80 160 240 320 1 Feet is\GIS\Community Devel opment\StafMeiissa\Projects\Zoning Cases\7225 1st-Lot Widths.mxd 7225 1st Ave (-165 Subdivision Waiver 10/2012 Surrounding Zoning Designations Augsburg Park 72nd Stree R R R R R R R R R w R R o R R R -- - — — Al — — R R R R R R R R R a? R R — Q R R > R R = R R Q as — —— — > -- R R ,e- R R R —— R — -- -- R R R R R R R R R R R { — — R R R R R R R R I R i — - - R I R R I R I R 73rd Street I MR-1 R R f R { R I 1 1 I R - i R 1 ! I I I ■ �- Ii 1 N } I I A j Legend 0 40 80 160 240 320 —Feet R-Single Family Residential MR-1 Two Family Residential is\GIS\Community Development\Staff\Melissa\Projects\Zoning Cases\7225 1st-Z.mxd AGENDA SECTION: CONSENT AGENDA ITEM# 4C REPORT# 180 magi" STAFF REPORT RICHFIELD CITY COUNCIL MEETING REPORT PREPARED BY: JEFF PEARSON, TRANSPORTATION ENGINEER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: /j SIGNATURE ' REVIEWED BY CITY ;,( MANAGER: /....64.d ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution authorizing the City of Richfield to enter into agreement#96150 for the installation and maintenance of railroad crossing signals at the intersection of W. 70th Street with the railroad tracks of the Progressive Rail, Inc. in Richfield. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the City of Richfield to enter into agreement #96150 with Progressive Rail, Inc. and the Commissioner of Transportation for the installation and maintenance of railroad crossing signals at the intersection of W 76th Street and the tracks of the Progressive Rail, Inc. in Richfield. II. BACKGROUND The City of Richfield has been awarded a federal grant to install railroad crossing signals at the intersection of 70th Street and the railroad tracks of Progressive Rail, Inc. The attached agreement is to be approved by the Minnesota Department of Transportation, Progressive Rail, Inc. and the City of Richfield. Approval of the agreement allows Mn/DOT to provide 100% federal funds to cover the cost of design and construction of the railroad crossing signals at 70th Street where it crosses the railroad tracks in Richfield. Progressive Rail also will agree to install, operate and maintain the railroad crossing signals. The City will agree to reconstruct the sidewalk approaches in order to accommodate the signal lights and 1023201270thRRCrossing gate arm structure. The sidewalk construction is the only cost to the City for this project. City staff has asked Mn/DOT and Progressive Rail to coordinate the timing of construction of the railroad crossing signals to avoid disruption to Richfield High School during the 2013 school year. III. BASIS OF RECOMMENDATION A. POLICY • The State of Minnesota, is authorized by Section 130 of Title 23 of the United States Code to make Federal Aid available for the purpose of eliminating hazards at railroad grade crossings within the State of Minnesota. B. CRITICAL TIMING ISSUES • Concrete sidewalk work for the crossing must be coordinated with the other concrete maintenance work to be completed in 2013. C. FINANCIAL • The total cost of the Railroad Crossing Signals is estimated at $175, 861.30 and will be covered at 100% by Federal Funds. • The City cost will be limited to sidewalk work and is estimated at $1,500. • The City cost is included in the 2013 Public Works Street Division Budget. D. LEGAL • No legal issues are apparent. • The City Attorney will be available to answer questions. E. ENVIRONMENTAL CONSIDERATIONS • Any environmental requirements for this project will be included as part of the project engineering. IV. ALTERNATIVE RECOMMENDATION(S) • The Council may choose not to enter into the agreement at this time. V. ATTACHMENTS • Resolution • Agreement No. 96150 VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None c- ( RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO AGREEMENT#96150 FOR THE INSTALLATION AND MAINTENANCE OF RAILROAD CROSSING SIGNALS AT THE INTERSECTION OF W. 70TH STREET WITH THE TRACKS OF THE PROGRESSIVE RAIL, INC. WHEREAS, The City wishes to install railroad crossing signals for the purpose of eliminating hazards at the intersection of W 70th Street with the tracks of the Progressive Rail, Inc. in Richfield. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota as follows: 1. The City of Richfield is authorized to enter into agreement#96150, S.P. 27-00310, with the Progressive Rail, Inc. and the Commissioner of Transportation for the installation and maintenance of railroad crossing signals at the intersection of West 70th St. (MSAS 0113) with the tracks of the Progressive Rail, Inc. in Richfield, Minnesota, and appointing the Commissioner of Transportation agent for the City to supervise said project and administer available Federal Funds in accordance with Minnesota Statute, Section 161.36. 2. The City's share of the cost shall be limited to work (not reimbursable) as related to the sidewalk reconstruction and traffic control as may be required. 3. The City will pay 0% (zero) of the signal installation cost. BE IT FURTHER RESOLVED, that the Mayor and City Manager is hereby authorized to execute said agreement and any amendments thereto for and on behalf of the City. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of October, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • r r �,V AGREEMENT 96150 USDOTNO 854422C (F-2047) DATED S.P. 27-00310 MINN. PROJ. RRS 2713(015) FUNDS Federal Railroad Crossing Signals West 70th Street(aka MSAS 113) City of Richfield,Hennepin County, Minnesota Progressive Rail, Incorporated THIS AGREEMENT, made and entered into by and between the CITY OF RICHFILED, (L-ocal Agency), PROGRESSIVE RAIL, INCORPORATED (Company) and the STATE OF MINNESOTA through its COMMISSIONER OF TRANSPORTATION, (State): RECITALS: 1. West. 70th Street (MSAS113), as now established, crosses the track of the Company at grade in the City of Richfield, Hennepin County, MN, the location of the crossing and railway track shown on the attached print,marked Exhibit`B". 2. The Local Agency, Company and the State desire that said grade crossing be provided with new railroad flashing light signals with gates, AC/AD warning circuitry and LED lenses, and the Company is willing to install, maintain and operate such signals upon the terms and conditions stated. 3. The Federal Highway Administration, when acting in cooperation with the State of Minnesota, is authorized by Section 130 of Title 23 of the United States Code to make Federal Aid available for the purpose of eliminating hazards at railroad grade crossings within the State of Minnesota. 4. The State, pursuant to Minnesota Statute Section 161.36, is authorized to cooperate with the United States Government in contracting for the construction, improvement and maintenance of roads and bridges not included in the trunk highway I. ► ! .- 4'9) AGREEMENT NO. 96150 system which are financed in whole or in part by federal monies. 5. The State, pursuant to Minnesota Statute Section 219.26, has reviewed the proposed selection of warning devices for the railroad grade crossing and has determined that the proposed selection is appropriate for said crossing. CONTRACT: 1. EXHIBITS 1.1 The State's "Standard Clauses for Railroad-Highway Agreements" (Standard Clauses), is attached and incorporated as Exhibit"A". Except as expressly modified, all of the terms and conditions set forth in the Standard Clauses are incorporated into this Agreement. 1.2 Exhibit "B",the location print; and Exhibit "C",the detailed cost estimate, are attached hereto and made a part of this agreement. 2. WORK PERFORMANCE AND TIME SCHEDULE 2.1. The Company will furnish all material for and with its regularly employed forces install a complete railroad crossing signal system with flashing light signals, gates, AC/DC warning circuitry and LED lenses on West 70th Street (MSAS113), at the location indicated on Exhibit `B". The placement of the signals must be in accordance with Part VIII of the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). The Company's detailed plans and specifications for the work to be done must be submitted to and approved by the State,prior to starting work. 2.2. This Agreement is effective upon the date the State obtains all signatures as required by Minnesota Statutes Section 16C.05, Subdivision 2. Work by the Company shall be completed within 18 months after the date the Company is authorized to begin work. If the Company determines it is not possible to complete the work within the period herein specified, it shall make a written request to the State for an extension of time for completion, setting forth therein the reason for such extension. 2.3. The Daily Utility Report provided for in Article 7a of the Standard Clauses, will not be required if the construction work is expected to last 10 working days or less. 2 LI CA AGREEMENT NO. 96150 3. COST ESTIMATE 3.1. The actual costs of the project, including preliminary engineering costs, will be financed with Federal Funds. The State will pay the Company as provided herein for only such items of work and expense as are proper and eligible for payment. Only materials actually incorporated into the project will be eligible for reimbursement. 3.2. The State's portion (reimbursable with Federal Funds) and the Local Agency's portion will be paid to the Company in accordance with Article 8 of the Standard Clauses, Exhibit"A". 3.3. It is understood that the following estimate is for informational purposes only. The estimated cost of the work to be done by the Company hereunder with its own equipment and regularly employed forces and in accordance with the Company's agreements with such regularly employed forces is as follows and in further accordance with the detailed estimate, Exhibit"C". Estimated Cost of Signals 100% State Funds (reimbursable with Federal Funds) RR Signals $169,105.00 Crossing Surface Modification $6,756.30 TOTAL PROJECT COST $175,861.30 3.4. In the event it is found that the cost of the work will exceed the Total Estimated Cost, but will be less the Total Estimated Cost plus 20%, then an increase in eligible reimbursement will be allowed without an amendment to this agreement and in accordance with Article 12 of the Standard Clauses,Exhibit"A". 3.5. The State's total financial obligation shall not increase beyond the Total Estimated Cost plus 20%, without the State's approval and the encumbrance of additional funds. Any work which will result in costs exceeding 120% of the Total Estimated Cost will require an amendment to this agreement and prior approval of the State before the work is performed. 3 AGREEMENT NO. 96150 4. WORK CHANGES 4.1. In the event it is determined that a change from the statement of work to be performed by the Company, as outlined in the detailed estimate, Exhibit "C", is required, it shall be authorized only by an amendment to this agreement executed prior to the performance of the work involved in the change. 5. MAINTENANCE 5.1. The grade crossing signal system provided for in this agreement shall be maintained and operated by the Company upon completion of its installation. The obligation to maintain said signal system shall continue in accordance with the law of the State as it shall be from time to time in the future. 6. FUTURE REMOVAL 6.1. The signal system provided for in this Agreement is the property of the State and must not be removed unless there has been a determination by the State that the signal system is no longer required at this location. If the signal system is to be removed, the Company. must notify the State of its pending removal. Upon request of the State, the Company will reinstall the signal system at some other crossing within the State on the Company's tracks or return the signal system to a location designated by the State. The location and division of cost of such relocation will be agreed upon between the Company and the State prior to such removal. 6.2. If railway improvements necessitate a rearrangement of the signal system at this crossing,the Company will bear the entire cost of the modification without contribution from State. 6.3. If highway improvements necessitate a modification of the signal system at this crossing, the responsible Local Agency and Company will negotiate a separate agreement whereby the responsible Local Agency will pay the cost of such modification. 7. DETOURS AND WORK ZONE TRAFFIC CONTROL 7.1. If there is a need for a road detour in connection with the installation of said signal system, it shall be the Local Agency's responsibility to set up the road detour and detour signing. It is understood that the Company shall coordinate any necessary road detour 4 • LIC i& AGREEMENT NO. 96150 with the Local Agency prior to the starting date. The Local Agency shall bear all costs involved in setting up the road detour and detour signing. 7.2. If a road detour is not feasible, the Local Agency shall furnish, erect and maintain all necessary traffic control devices required to provide safe movement of vehicular traffic through the project area during the entire period from the beginning of construction to the final completion thereof. Traffic control devices include, but are not limited to, barricades, warning signs, trailers, flashers, cones, drums, pavement markings and flagmen as required and sufficient barricade weights to maintain barricade stability. The Local Agency shall be responsible for the immediate repair or replacement of all traffic control devices that become damaged, moved or destroyed, of all lights that cease to function properly, and of all. barricade weights that are damaged, destroyed or otherwise fail to stabilize the barricades. 8. SIGNING AND PAVEMENT MARKINGS 8.1. Subsequent to the installation_of said signal system, the Local Agency agrees to install or have installed, as may be needed, appropriate advance warning signs, other supplemental signs and pavement markings and remove signs that are no longer needed, in accordance with the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). The Local Agency agrees to install said signs using retroreflective sheeting types and qualified products used for permanent signs, markers and delineators, Type IX or better found at http://www.dot.state.mn.us/products/signing/sheeting:html. 9. APPROACH WORK AND SIDEWALKS 9.1. The Local Agency shall be responsible for adjusting any roadway, sidewalk or bike trail surface to accommodate the installation of the new railroad crossing signals all at the expense of the Local Agency unless otherwise negotiated and described in this agreement. 10. ASSIGNMENT OF RECEIVABLES 10.1. Any party to this agreement may assign any receivables due them under this agreement,provided,however, such assignments shall not relieve the assignor of any of its rights or obligations under this agreement. 5 (-1 AGREEMENT NO. 96150 PROGRESSIVE RAIL,Inc.: By: Title: Date: ****************************************************************************** IN WITNESS WHEREOF,the parties hereto have caused this agreement to be duly executed. CITY OF RICHFILED By: By: Title: • Title: Dated: Dated: STATE OF MINNESOTA: COMMISIONER OF TRANSPORTATION By: Dated: Manager, Railroad Administration Section STATE ENCUMBRANCE VERIFICATION individual certifies that funds have been encumbered as required by Minn.Stat.§§ 16A.15 and 16C.05 Signed: Dated: SWIFT: APPROVED: DEPARTMENT OF ADMINISTRATION By: Dated: Authorized Signature 6 l EXHIBIT"A" STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARD CLAUSES FOR RAILROAD-HIGHWAY AGREEMENTS April 11, 2008 1. EFFECTIVE DATE This Agreement will become effective upon the date State obtains all signatures required by Minnesota Statutes Section 16C.05 (Subd. 2). 2. CANCELLATION The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Company. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However,the Company will be entitled to payment, determined on a pro rata basis for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The.State must provide the Company notice of the lack of funding within a reasonable time of the State's receiving that notice. 3. GOVERNING LAW,JURISDICTION,AND VENUE Minnesota law, without regard to its choice-of-law provisions,governs this Agreement. Venue for all legal proceedings arising out of this Agreement; or its breach, will be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 4. COMMISSIONER'S OFFICIAL CAPACITY The Commissioner of Transportation of the State of Minnesota is acting in an official capacity only and is not personally responsible or liable to the Company or to any person or persons whomsoever for any claims, damages, actions, or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance or completion of the project. 5. DATA DISCLOSURE Under Minnesota Statutes Section 270C.65, and other applicable law,the Company consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Company to file state tax returns and pay delinquent state tax liabilities, if any. EXHIBIT"A" - Page 1 of 5 21C1 6. ELIGIBILITY OF COSTS The provisions contained in Federal-Aid Policy Guide, Chapter 1, Subchapter G, Part 646, Subpart B and Chapterl, Subchapter B, Part 140, Subpart I, apply to railway-highway project, regardless of the method of financing the project. 7. WORK REPORTS The Company will furnish the State's Engineer in charge of the project: a. . "Form 21191, Minnesota Department of Transportation, Daily Utility Report", or equivalent approved by the State's engineer showing the number of people on payroll, classification, and total hours worked, and equipment used, at a time mutually agreed upon by the Company and the State. b. Full detailed information as to progress of work and amount of labor and material used as of the time of request. The Company will, make other reports, keep other records and perform other work in such manner a time as may be necessary to enable State to collect and obtain available federal aid. 8. REIMBURSEMENT The State will reimburse the Company for actual expenses incurred performing the work set forth in this Agreement. Payments will be made in accordance with the following: a. State will make payments in accordance with Minnesota Statutes §16A.124. b. Invoices for labor and materials ("partial invoices")may be submitted on a periodic basis during the term of the project, but not more frequently than once per month. These valid partial invoices will be paid 30 days from the date they are received by the Office of Freight and Commercial Vehicle Operations,Railroad Administration Section. c. Partial invoices that are not approved,due to.disputed items will be returned to the Company with a request for an explanation for any disputed items. If the dispute is resolved,the State shall pay the Company within 30 days of receiving a corrected invoice. The State may pay the non- disputed portion of any disputed invoice. d. Final invoices must be submitted within 120 days of the completion of the reimbursable railroad work. Invoices submitted after this date, and less than one(1)year after the last activity on the project will not be paid, unless good cause is shown for the delay in the submission of the invoice. In accordance with federal regulations,23 CFR 140.922,any final invoice received more than one (1)year after the last reimbursable railroad work will not be paid. e. Partial invoices must be based on actual (not estimated) costs incurred. Partial invoices need not be itemized, but State must be able to substantiate costs by checking the Company's records. The final invoice will be a detailed, itemized statement of all items of work performed by the Company, as shown in the appropriate exhibit or exhibits attached to this Agreement, and shall be marked"Final Invoice". f. Payment of the final invoice will be made after State inspects and approves the work. All work will be inspected within 120 days from receipt of the final invoice. Subsequently,the final invoice will be forwarded for audit by the State, in accordance with the requirements of state and federal laws and regulation. The Company will keep account of its work in such a way that accounts may be readily audited. In the event that any amount previously paid to the company is in excess of the actual cost determined by audit,the Company, upon notice from the State,will EXHIBIT"A" - Page 2 of 5 j1G/ within 30 days pay to the State the difference. Conversely, in the event that any amount previously paid to the Company is less than the actual costs determined by audit,the State shall pay the actual costs due within 30 days of the determination of the actual costs of the work. g. All invoices shall be addressed as follows: Mn/DOT Office of Freight and Commercial Vehicle Operations M.S. 470, Rail Administration Section 395 John Ireland Boulevard St. Paul, MN 55155-1899 9. WORKERS' COMPENSATION The Company certifies that it is in compliance with workers' compensation insurance coverage required by Minnesota Law, or Federal Law if the Company is subject to Federal Law which preempts the Minnesota Law. The Company will require its contractors to present proof of coverage under the Minnesota Workers Compensation Act. The Company's employees and agents will not be considered State employees. Any claims arising under workers compensation laws and any claims made by a third party as a consequence of the acts or omissions of the Company, its agents, employees or contractors are in no way the responsibility of the State. 10. COST-SHARING If the cost of a project is being shared by the State and other parties, each party should receive a bill setting forth its proportional share of the costs whenever a.project billing is submitted. 11. INSPECTION, STANDARDS OF PERFORMANCE The Company and/or Local Agency will permit the State to inspect and approve the work performed under this Agreement during the regular working hours of the Company without prior notice. The State may refuse to approve any and all work performed under this Agreement for failure to comply with applicable standards for work of that type. If the State fails to approve the work performed under this Agreement,the State may refuse to make any further payments under this Agreement until the work at issue is performed in accordance with acceptable standards for work of this type and said work is approved by the State. The Company and/or Local Agency warrants that it will perform all work under this Agreement in a workmanlike and timely manner in accordance with all applicable standards for work of the type at issue. Should the work fail to be performed in a timely manner or in accordance with applicable standards,the State may immediately suspend further payments under this Agreement and the Company must repay all funds expended on unsatisfactory work. 12. OVERRUN OF ESTIMATED COSTS WITH NO WORK CHANGES If it appears to the Company, at any time subsequent to the date of this Agreement and prior to the final completion of such work, that the actual cost of the project will exceed the estimated cost,the Company must send written request for approval to the State. The request will explain the reasons for the additional costs and the amount of the costs. If State approves such request, State will encumber additional funds and then issue a notice to proceed. Any additional expenses incurred by the Company prior to receiving notice to proceed may not be reimbursed by State. State's maximum obligation under this Agreement will not exceed 120% of the estimated cost, except by a fully-executed amendment to this Agreement. 13. STATE AUDITS EXHIBIT"A"- Page 3 of 5 s Under Minnesota Statutes Section 16.C.05, subd. 5,the Company's books,records, documents, and accounting E practices relevant to this Agreement are subject to examination ionr y the State and/or/tat the State Auditor or and p for a minimum of six years Auditor or Legislative Auditor, as appropriate, certifies the Company's completion of the construction required under this Agreement. 14. NONDISCRIMINATION 's work set to perform all or any portion of the Company If the Company enters into a contract with a contractor, forth in this Agreement,the Company for itself, its assigns and successors in interest, agrees that it will not its choice of contractors and will include all of the nondiscrimination provisions in this Agreement and as set forth in"App eim e m "Appendix A" attached hereto and made a part hereof. Agreement 15. DISADVANTAGED BUSINESS ENTERPRISE will The disadvantaged business enterprise requirements of 49 CFR 26,apply to this Agreement. The Company business enterprises as defined in 49 CFR 26,have rh federal funds In this regard, the, insure that disadvantaged participate in the performance of contracts,dreasonablestepsnn whole or in part with 49 CFR 26,to insure that will take all necessary and ns insure any contracts Company opportunity to compete for and disadvantaged business enterprises have the maximum o p Y Agreement. The Company shall not discriminate on the basis o of caace co the national origin, or sex in the award Ag Agreement by the State, performance of contracts under this Agreement termination of the Ag y - - -requirements in ent award-and p --- requirements constitutes breach of this Agreement, and may and possible debarment from performing other contractual services with the Federal Department of Transportation. 16. AMENDMENTS,WAIVER,MERGER,AND COUNTERPARTS and executed by the same parties who executed the to enforce same any prow who of executed Agreement Any amendments to this Agreement must be in writing original Agreement,or their successors in office. Failure of a party Agreement not e constitute contains s albe l construed as,a waiver of such provision or of the right to enforce e Stith provision. No other This Agreement will be deemed to exist Agreement contains all prior written negotiations regarding the subject wmatter of this Agy e arts each i on to biandmhe, or both of th rt es. g Agreement. to bind either or both of the parties. This Agreement mayetlier shall constitute one and the same Ag or original, but all of which tog which shall be deemed to be an ong EXHIBIT "A" -Page 4 of 5 i 1 APPENDIX A _ )-V71)- 1 Non-Discrimination Provisions of Title VI of the Civil Rights Act of 1964 the contractor, for itself, its assignees and successors in interest (hereinafter During the performance of this contract, s referred to as the"contractor"), agrees as follows: ce with Regulations: The Contractor will comply with Regulations of the Department of Transportation relative to nondiscrimination in fe derally-assisted(1) Compliance of the Federal Highway , dllassisted Administration (Title 49, Code of Federal Regulation, Part 21, hereinafter referred to as the Regulations), which € are herein incorporated by reference and made a part of this contract. 2 Nondiscrimination: The contractor,with regard to the work performed eo color, or national origindinrthe to selection and 1 O of the contract work, will not discriminate on the ground of r I retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not set forth in Appendix"A","B"and"C". I participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers program (3) Solicitations for Subcontracts, Including Procurements of Materials for work and to be quipment under a subcontract,ins either by competitive bidding or negotiation made by the contractor including procurements of materials or equipment,each potential subcontractor co a relative to discrimination be notified i by the contractor of the contractor's obligation under this contract and ground of race, color or national origin. n and Reports: The contractor will provide all information and reports required by the Regulations,(4) Information P or orders and instructions issued pursuant thereto, and will permit access to its books, sources of information, and its facilities as may be determined by the with Department Regulations,Transportation and instructions.e Federal Highway Administration to be pertinent to ascertain compliance who fails or refuses to Where any information required of a contractor is in the e exclusive eror the F deral Highway ghway furnish this information,the contractor shall so certify th e Department of Transportation, Administration as appropriate,and shall set forth what efforts it has made to obtain the information. (5) provisions 5 Sanctions for noncompliance: In the event of contractor's noncompliance pu h contract the nondiscrimination th Federal of this contract, the Department of Transportation shall impose Highway Administration may determine to be appropriate,including but not limited to, (a) withholding of payments to the contractor under the contract until the contractor complies,and/or (b) cancellation,termination or suspension of the contract,in whole or in part. Incorporation of Provisions:The contractor will include the provisions of paragraph(1)through(6)in (6) ' cludin procurements of materials and leases of equipment,unless exempt by the Regulations, order, or subcontract, m g p act or or instructions issued pursuant thereto. The contractor F Federal Highway Admin trat on may direct as means of procurement as the Department of Transportation or th enforcing such provisions including sanctions for noncompliance:Provided,however,that, in the event a contractor becomes involved in,or is threatened with,litigation with a subcontractor or supplier as a result of such direction,the contractor may request the State to enter into such litigation to protect h interests merest of, and United in Sition,the contractor may request the United States to enter into such litigation protect EXHIBIT "A" -Page 5 of 5 • • • EXHIBIT B I ii i 1 1 I l l W 64th St co .... NIsiNN 64th St St 1 W 64th St E 64th St W ni < I I i i I so 854413th w 64.1r2th st I i . . . ':. E 66th S V 1 LO in (r) 0) co f , . .— ; b /-- g >...;t_v tr W135EI s t ig 854420N 1 g '01 A A 53 -- ""-- W 015th St ro..--: E 66th St -------4-- ., 1 ilg ilm w I i- -W 67h St W eh - E 67th St 1 j .a a c;g o I ,r-4, I I I to ' 1E5 I I -c o o_ W 68th St— ] I .... :sr_ .,_.i. 14:-...<-„,,,,,-...-4-=, v---,,--..--I---+1-f„= .74,1--. 171;------ W 68th St . W 5 0.) W 4 • < W ,,..5- „T,ttS-:::;-- rt < = o 7 E 69th St- E 68th St rW 69th St- ----4,-,,..T.---,. - '---,-:P- W 69th St -12 .0-a I II 2- E 69th St ,_.. --...- ----- I V I 854422C 11- ° 6813 I I I i 1 i". I I 71-Ridifield '7,mtetc-,1-W:---:,3•:: ID > ...,- - -,--- -1.--. ,,- .,?c' "Nwirfiiiir W"th St E"th Et KC I ,-;,-;--,7-- ..,:,7:14",.,..,-. • !X I If 35 t- E -' ' 1,-4-- -.,,, ,.1 13, •ic 854423J M _ ,..,..,._, .:c T _ , w 0 E 71st St 5 < IE ..:--t. Vb.71st St _ . -72ndli St W 72nd St to E 72nd St W _- I to ) - , GO° 04 v. 10v4 i.i t I 1 b col li I 1 to 32 54 W 73rd St 4 co 4--,73 E 73td St 5 ti) a I c I I I g 1 g! ‹ 1 b.... .: .: _w ; E 74th St t I l l ....,:c—3 = 4 .... 0 - 4c a. , z-75 --r.3—g—x- - , z ti_ za `9, `: 1 1.2 4 1 i 28 I m id i ft < •1 I 1 , -:, ( 42 g .L., ,,,.. 1"" 7 E 75th St • 71 69 tie__ .,o b a III I 851425X vrti4.8r------1-1-r f %nth St I 1.01043.12.9.4R \\ I I I I I . I a PROGRESSIVE RAIL INCORPORATED Detailed Crossing Signal Project Cost Estimate Install Automatic Crossing Gate Signals w/2W12"LED Mast Lights • and Two Side Light Assemblies,AC/DC Approach and Island Circuits, Cellualr RTU Alarm System,Instrument House&AC Service Central Signal, LLC ROAD NAME:West 70th Street(MSAS 113) May 15,2012 PROJECT NO:27-00310(F2047) NEAREST CITY: Richfield RAILROAD: Progressive Rail Incorporated COUNTY: Hennepin RR MILEPOST: SPS Hyline 007.79 STATE: Minnesota DOT/AAR NO.: 854 422C MATERIAL ESTIMATE See Attached Total Material $98,544 LABOR ESTIMATE Field Installation 4 Signalmen @ 80 ST hours&0 OT hours 11,000 (Insulated Joint Installation Labor Not Included) Total Labor $11,000 ADDITIVES Personnel expenses $110.00 per day&3804 travel miles @$0.55 per mile 7,932. Contractor's Overhead 206.00% of Labor 22,660 Contractor's Profit 12.00% Fixed Fee 18,118 • Total Additives $48,711 EQUIPMENT RENTAL Backhoe 1 @$1250 per week 1 week 1,250 Total Equipment Rental $1,250 SUBCONTRACTORS Install Meter Service 1 @$4,000 each 4,000 Directional Boring 120 feet @$30 per foot 3,600 Traffic control 1 2,000 Total Subcontracts $9,600 TOTAL ESTIMATED EXPENDITURE BY COMPANY Summary Material $98,544 Labor $11,000 Additives $48,711 Equipment Rental $1,250 Subcontracts $9,600 TOTAL PROJECT $169,105 EXHIBIT C Scott Hansen Vice President of Engineering Minnesota Division 706 Street Richfield Sidewalk Quote PGR Quote Labor $1,275.00 Equipment $ 625.00 Rail $ 981.30 5 $ . Spikes 700 $2,956.30 ACE Asphalt & Labor $1.800.00 SfiLacao TOTAL Quote EXHIBIT C AGENDA SECTION: CONSENT AGENDA ITEM# 4D REPORT# 181 Made STAFF REPORT RICHFIELD CITY COUNCIL MEETING OCTOBER 23, 2012 REPORT PREPARED BY: JEFF PEARSON, TRANSPORTATION ENGINEER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: / � ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution accepting additional funds for preliminary engineering on the West Connection and East Connection Bicycle Route Project. I. RECOMMENDED ACTION: By Motion: Adopt a resolution authorizing amendment of Mn/DOT Agreement No. 93492 accepting additional funds in the amount of $20,000 to be used for preliminary engineering on the West Connection and East Connection Bicycle Route Project. II. BACKGROUND The City received Federal grants in 2008 under the Non-Motorized Transportation Pilot Program (NTPP) for the creation of two bike routes within Richfield. After significant public involvement and Transportation Commission recommendation, the selected routes were approved for construction by City Council action on February 8, 2011. Changes to the construction plans required for Mn/DOT approval were approved by the City Council on July 10, 2012. Additional Funding Because of the extensive Mn/DOT approval process, changes to the route plans, and additional documentation required, the project consultant submitted a request for an additional $100,675 in total project funding on behalf of the City. The work is fully covered by federal funds. The request was approved in the following amounts: 10232012BikeRouteAmend • $20,000 in preliminary engineering for design changes and additional submittals for approval. • $80,675 for construction due to changes and additions to the plans. An amendment to the agreement that accepts funding for the bike route projects was necessary and was approved by the City Council on July 10, 2012. The attached amendment is specific to the preliminary engineering agreement and only includes the $20,000 amount. III. BASIS OF RECOMMENDATION A. POLICY • The East & West Connection Bicycle Route projects were originally approved by the City Council on February 8, 2011. • The City Council approved changes to the routes on July 10, 2012. B. CRITICAL TIMING ISSUES • The project consultant has outstanding invoiced work for preliminary engineering that can not be processed and paid until the revised agreement is approved. C. FINANCIAL • The total cost of preliminary engineering is $61,025.00 and is fully covered by funds received from the federal Non-Motorized Transportation Pilot Program. D. LEGAL • The City Attorney will be available to answer questions. E. ENVIRONMENTAL CONSIDERATIONS • N/A 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 VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None tib-1 RESOLUTION NO. RESOLUTION AUTHORIZING AMENDMENT OF AGENCY AGREEMENT NO. 93492 BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF RICHFIELD ACCEPTING ADDITIONAL FUNDS FOR PRELIMINARY ENGINEERING IN THE AMOUNT OF $20,000 FOR FEDERAL PARTICIPATION IN TWO NON- MOTORIZED TRANSPORTATION PILOT PROGRAM PROJECTS WHEREAS, the City of Richfield has proposed two bike routes, the first follows along the south side of Highway 62 from Penn Avenue to Girard Avenue and continues to 75th Street via Humboldt Avenue and the second is follows Bloomington Avenue from 63rd Street to Diagonal Blvd continuing along 73rd Street to Portland Avenue and to 76th Street via 12th Avenue; and WHEREAS, both projects are eligible for federal funds under the Non-Motorized Transportation Pilot Program and are identified by the Minnesota Department of Transportation as State Projects SP 157-091-02 and SP 157-091-03; and WHEREAS, additional costs were incurred as a result of added plan submittals and revisions required to obtain approval of the project plans by the Minnesota Department of Transportation; and WHEREAS, Amendment No. 1 to the above referenced agreement accounts for additional funding in the amount of$20,000 to cover additional preliminary engineering project costs. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Manager are hereby authorized and directed for and on behalf of the City to execute and enter into an amended agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 93492, Amendment No. 1" a copy of which said agreement was before the City Council and which is made a part hereof by reference. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of October, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 4E REPORT# 182 STAFF REPORT RICHFIELD CITY COUNCIL MEETING OCTOBER 23, 2012 REPORT PREPARED BY: JAY HENTHORNE,DEPUTY CHIEF NAME, TITLE DEPARTMENT DIRECTOR rt 1 REVIEW: i' � */42-- j" SIGNATURE REVIEWED BY CITY _ L' MANAGER: 4L4 f 'I / ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of the contract with Chiefs Towing, Inc. for Public Safety towing services for December 1, 2012 through November 30, 2013. I. RECOMMENDED ACTION: • By Motion: Approve the renewal of the attached contract for Public Safety towing services, December 1, 2012, through November 30, 2013, between the City of Richfield and Chief's Towing, Inc., 8610 Harriet Avenue South, Bloomington, MN. • Prices will reflect a 3% cost of living increase in fees for all services except the fees for forfeited vehicles which will not increase. II. BACKGROUND The City currently has a contract with Chief's Towing, Inc. for Public Safety towing services. Chief's Towing, Inc. was awarded the contract for 2012 and would like to renew the contract for the year 2013, as the contract expires on November 30, 2012. The contract can be automatically renewed if both parties agree to the renewal and if Chief's notifies the City in writing 30 days in advance of the expiration of the contract that they wish to renew. 102312 Renewal of Chief's Towing contract for 2013 Chief's Towing, Inc. is located in the City of Bloomington and previously contracted with the City of Richfield for Public Safety towing services. Their performance during the previous contract period was satisfactory. They meet all requirements stated in the contract and currently tow for Bloomington Police, as well. III. BASIS OF RECOMMENDATION A. POLICY • Chief's notified the City that they wish to renew the contract for 2012-2013. • The Public Safety Department wishes to renew the contract with Chief's Towing, Inc. • Contracts for services need not be competitively bid. • The contract has numerous conditions that must be met. Chief's Towing, Inc. is a reputable, established towing business that meets all contract requirements. B. CRITICAL TIMING ISSUES • A six-month notice must be given by either party in writing to terminate the contract. • On December 1, 2012, Public Safety must have towing services. This is particularly important with the possibility of snow emergencies occurring at any time. • Chief's is a large towing company that can handle the needs of Public Safety regarding seizure/impound vehicles and comply with City ordinances that a smaller company could not handle effectively. C. FINANCIAL • The current contract with Chief's reflects rates from 2011-2012. Rates will increase 3% for the period December 1, 2012 — November 30, 2013, with the exception of the forfeited vehicle fees which will not increase, per the attached letter from Jeffery Schoenborn, General Manager of Chief's Towing. • There is adequate funding in the Public Safety budget to cover the costs. D. LEGAL • The City Attorney has reviewed and approved the past contract with Chief's Towing, Inc. 102312 Renewal of Chief's Towing contract for 2013 E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • Do not sign the contract. However, Public Safety must have towing and impounding services beginning December 1, 2012. V. ATTACHMENTS • Jeff Schoenborn's (Chief Towing) Letter • 2012-2013 Agreement with Chief's Towing, Inc. • Specifications for Towing, Impounding & Storage (Exhibit A) • Price Sheet for Towing, Impounding & Storage (Exhibit B) VI. PRINCIPAL PARTIES EXPECTED AT MEETING • No one. 102312 Renewal of Chief's Towing contract for 2013 _,, '',4` Chiefs Towing,Inc � ° -;` 8610 Harriet Ave. South ✓,,,�® Bloomington,MN 55420 i"7�l� ph 952-888-2201 watts 800-888-2201 October 3,2012 City of Richfield Richfield Public Safety Department Mr.Jay Henthorne 6700 Portland Avenue South Richfield,MN 55423 RE: CONTRACT FOR TOWING OF CITY VEHICLES,IMPOUNDING AND STORAGE OF MOTOR VEHICLES CONTRACT DECEMBER 1,2012 THRU NOVEMBER 30,2013. Dear Mr.Henthorne; We at Chief's Towing,Inc. would like to take this opportunity to thank you for allowing us to perform the towing, impounding and storage of motor vehicles for the City of Richfield this past year. We would like to extend the contract for an additional(1)year period if such an extension is permitted by the City of Richfield and approved by the Richfield City Council. According to the Bureau of Labor Statistics the Consumer Price Index from September 20,2011 thru September 2012 equates out to a 3.0%increase.This is the amount we will be requesting for our cost of living increase. Again,we WILL NOT be increasing the fee's charged for forfeited vehicles,but would like your continued support in having the vehicles removed in a timely manner. Sincerely, Jeffery R. Schoenborn Chief's Towing,Inc. General Manager SO/JS enc www.chiefstowing.com w ,). AGREEMENT BETWEEN THE CITY OF RICHFIELD AND CHIEF'S TOWING, INC. FOR TOWING, IMPOUNDING AND STORAGE OF MOTOR VEHICLES. THIS AGREEMENT is made this 30th day of November, 2012, between the City of Richfield, a Minnesota municipal corporation located at 6700 Portland Avenue South, Richfield, Minnesota 55423 (hereinafter referred to as the "City"), and Chief's Towing, Inc., located at 8610 Harriet Avenue South (hereinafter referred to as the "Contractor"). WITNESSETH WHEREAS, the City has a need to contract for the towing, impounding and storage of motor vehicles; and WHEREAS, the City requires that the towing operators are located within three (3) miles of the City limits; and WHEREAS, the Contractor is the operator of a towing and storage facility within three (3) miles of the City limits and has the expertise and capabilities to provide the required services; NOW THEREFORE, in consideration of the terms and conditions expressed herein, the parties agree as follows: I. TERM OF AGREEMENT The term of this Agreement shall be from December 1, 2012, to November 30, 2013, subject to termination as provided in Subdivision V. II. DUTIES OF CONTRACTOR lie- A. The Contractor shall tow, impound, and store all motor vehicles, which are ordered removed under the direction of the police chief, or the fire chief, of the City of Richfield or their authorized and legal representatives. The Contractor shall be entitled to a charge for its towing and storage services pursuant to those fees specified in the Contractor's Proposal (Exhibit B). It is agreed that neither the City nor the Richfield Police Department is responsible for any charges as a result of towing and/or storage, with the exception of those vehicles identified by the Police as subject to forfeiture, and that the Contractor assumes liability for any unpaid charges. B. The Contractor agrees to provide the services, as proposed, and perform all other terms and conditions according to the City's Specifications and the Contractor's Proposal, incorporated by reference herein as Exhibit A and Exhibit B. C. The Contractor shall defend, indemnify and hold harmless, the City of Richfield, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the Contractor's (including its officials, agents or employees), performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Contractor. D. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Contractor's staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. The Contractor and its staff are to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Contractor represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the Contractor or other persons, while engaged in the performance of any work or services required by the Contractor under this Agreement, shall have no contractual relationship with the City and shall not be considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Contractor, its officers, agents, contractors or employees shall in no way be the responsibility of the City; and the Contractor shall defend, indemnify and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to 2-1 any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. E. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota Statutes, Section 363. F. The Contractor agrees to maintain for the full term of this Agreement, the following minimum insurance coverage: a) $1,000,000.00 Comprehensive General Liability insurance, Business Auto Policy with $1,000,000.00 limits and Garage Keeper's Legal Liability. b) Workers' Compensation insurance covering all employees of the Contractor, or his agents, in accordance with the Minnesota Workers' Compensation Law. Certifications of insurance must be filed with the City and shall include a provision that states the insurance company shall give the City at least 25 days written notice prior to cancellation, non-renewal, or any material change in the policy. The Contractor further agrees to name the City of Richfield as additional insured on said comprehensive general liability policy. G. The Contractor agrees to furnish on or before the date this Agreement becomes effective, an acceptable corporate surety bond in the amount of $10,000, payable to the City of Richfield and subject to approval by the 2 L 1° Richfield City Attorney, for the faithful performance of all duties and obligations imposed under the terms and conditions of the Agreement. III. DUTIES OF THE CITY The City agrees to pay the Contractor the flat rate charge of$152.00 per vehicle for the towing and storage of vehicles identified by the Police Department as subject to forfeiture and which are subsequently released to the Police Department. IV. MISCELLANEOUS A. This agreement represents the entire Agreement between the Contractor and the City and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. B. The Contractor agrees to comply with the Americans With Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and not discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. The Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought, alleging a violation of ADA and/or Section 504 caused by the Contractor. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs and activities. The City has designated coordinators to facilitate compliance with the Americans with q,1 Disabilities Act of 1990, as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. C. The Contractor will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. The Contractor agrees to comply with all applicable local, state and federal laws, rules and regulations in the performance of the duties of this contract. D. This Agreement shall not be assignable except at the written consent of the City. E. The books, records, documents, and accounting procedures of the Contractor, relevant to this Agreement, are subject to examination by the City, and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 168.06, Subdivision 4. F. The City and the Contractor agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1821 University Avenue, St. Paul, Minnesota. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and commence such action prior to the expiration of the applicable statute of limitations. LIM V. TERMINATION Either party may terminate this Agreement for any reason upon giving six (6) months advanced written notice to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first above written. 10 CITY OF RICHFIELD DATED: BY: Its Mayor DATED: BY: Its Manager CHIEF'S TOWING, INC. DATED: BY: Its: LI F'j° EXHIBIT A 2012-2013 SPECIFICATIONS TOWING, IMPOUNDING AND STORAGE OF MOTOR VEHICLES GENERAL: It is the intent and purpose of these specifications to specify and detail the requirements for the Towing, Impounding and Storage of Motor Vehicles for the City of Richfield 24 hours per day, 365 days per year, on an as needed and directed basis. Such direction is to be by the Chief of Police, the Fire Chief, or their authorized and legal representatives. The contract for service shall commence on December 1, 2012, and terminates on November 30, 2013. The City reserves the right to extend the contract for additional (1) one year periods if such an extension is permitted by the Contractor, the standard of service is satisfactory, and, has the approval of the Richfield City Council. At the time of contract extension, the contractor may request a price increase for all categories to be effective during the contract extension period. Any requested increase shall not exceed the Consumer Price Index for the Minneapolis/St Paul urban area and have the approval of the Richfield City Council. Application for extension and price increases or decreases shall be initiated by the performing contractor, must be submitted in writing and be in the hands of the proper Director of Public Safety at least sixty (60) days prior to the date of contract expiration. All of the towing, impounding and storage of motor vehicles under this contract shall be in accordance with Minnesota Chapter 168B and any section of the Richfield City Code related thereto. SPECIAL PROVISIONS: 1. The contractor must own or have direct access to satisfactory equipment and trained, available personnel, in order to provide immediate and prompt service as ordered and requested by the authorized City officials. 2. The contractor must own or have available within (3) miles of Richfield's city limits the following equipment as a minimum: A. Two trucks having a manufacturer's gross vehicle weight rating of 4 ton or more, to be equipped with a crane and winch, and further equipped to control the movement of the towed vehicle, and �E-II B. Equipment sufficient and designed to move a completely demolished vehicle by means of dollies or low-bed trailers. A listing of all equipment to be utilized shall be submitted to the City. Such listing shall show the make and model of all equipment available for use under this contract, along with size and all other pertinent information, such as specialized equipment not necessarily herein specified, but which may be a factor in performing effectively and efficiently. All equipment to be used by the contractor under this contract shall be maintained in good repair and condition. The City reserves the right to inspect the equipment from time to time for the purpose of determining that equipment condition is in conformance with the terms and conditions of the specifications and the contract. 3. All storage and parking lot facilities and all equipment to be used by the contractor under this contract must be located within (3) miles of Richfield's city limits. The storage and parking lot facilities must meet all of the applicable State building code standard and municipal license and zoning requirements, including those relating to screening and landscaping of the City in which the facility is located. 4. The facilities proposed to be utilized under this contract must have the capability of storing a minimum of one (1) vehicle inside and a further capability of providing storage for a minimum of (25) twenty-five vehicles outside. Inside storage will be necessary only when so requested or directed by an authorized official of the City of Richfield as identified in these specifications. When a direction is given to store a unit inside, such directions may be accompanied by certain instructions for security measures to be employed. The security responsibilities become the responsibility of the storing agent while the unit is in their keeping. 5. The Contractor performing under this contract shall assume all and full responsibility for the conduct of his/her employees. The Contractor guarantees that all of the employees performing under this contract will be adequately trained in their profession, will respond promptly to all calls, will provide safe and adequate equipment (as herein specified), be clean and neat in appearance, use decent language, free of profanity, and treat the public courteously at all times. Request for service from the Richfield Police Department must be given priority by all dispatchers. Failing to meet any or all of the requirements of this section may result in cause for terminating the contract at any time as per the conditions specified for contract termination. 6. The Contractor will be solely responsible for loss or damage to any vehicle, including all equipment and contents, from the time direction is given by the authorized City representative turning the vehicle over to the Contractor or his Agency and until such time as the vehicle is legally released to the registered or actual owner or legal agent thereof. 7. The performing contractor must agree to maintain proper records of all vehicles received. The record keeping system shall meet the approval of the Richfield Public Safety Director and records are to be available at all times for inspection by authorized City officials. The records must include a copy of the police impounding report. A report shall be submitted monthly to the Richfield Public Safety Director detailing all vehicles stored or released during that current month. All contents of such reports shall meet the approval of the Richfield Public Safety Director. 8. All vehicles towed or impounded are to be released only upon proper authority of the Richfield Public Safety Director, except for private tows. 9. While performing under this contract and under these specifications, the Contractor or their designated representative(s) must be present at the storage facility six (6) days a week, Monday through Saturday, between the hours of 8:00 a.m. and 6:00 p.m. (excluding legal holidays), and from 12:00 p.m. (noon) to 1:00 p.m. each Sunday and all legal holidays, for the purpose of releasing vehicles to authorized claimants. Police requested releases will be handled anytime. 10.It shall be agreed under this contract that motor vehicles will not be driven at anytime during the towing procedure. In the event that the vehicle is without tires or has flat tires, the performing Contractor agrees to tow the vehicle without damaging the wheels and further agrees not to tow any vehicle on its rims, on wheels without tires, or on flat tires. 11.Upon arrival at the scene of a tow where a vehicle accident has occurred, the performing Contractor, in addition to the physical removal of the vehicle, assumes full responsibility for removing any vehicular parts or other debris, excluding liquids and other commercial cargo, resulting from the accident. This clean-up is to be completed without any additional compensation. 12.The performing Contractor shall be entitled to a charge for his/her towing and storage services pursuant to the fees submitted in the accompanying bid proposal. The Contractor shall agree that neither the City nor any Department thereof is responsible for any charges as a result of towing and/or storage and that the Contractor assumes all liability for any and all unpaid charges. NOTE: This Provision and these Specifications are in no way a law or regulation relating to "price, route, or service of any motor carrier with respect to the transportation of property," under 49 U.S.C. Sec. 14501(c)(1)(1997). 13.If an involved private owner/operator makes a timely request for a tow by other than our Contractor, such request shall be honored by the Police Department. In either instance, the owner/operator is solely responsible for all associated charges. 14.For vehicles identified by the Police Department as subject to forfeiture, and subsequently released to the Police Department pending the outcome of forfeiture f•-13 proceedings, the performing contractor shall indicate a flat rate charge per forfeited vehicle. The flat rate shall include the towing, storage on the date of the tow, and three days of storage after the date of the tow. The flat rate applies to all cars, vans, small trucks, 4-wheel drive vehicles, utility vehicles, and motorcycles identified by the Police Department as subject to forfeiture to the City. 15.Should the Contractor fail to appear at a designated tow point within twenty (20) minutes after receiving a call for a tow, the City reserves the right to call another towing service to perform the work. If the Contractor is called and is unable to respond due to conditions beyond their control, the authorized City officials shall be immediately so informed, and the right is hereby reserved to call another service to perform the work. If, at any time, it becomes necessary for the City to request the services of another towing service for the reasons detailed above, the City retains the right to hold the Contractor retained under this contract responsible for any additional charges over and above the fee schedule recorded in this bid proposal. Such charges shall be assessed only if the response time is due to negligence or laxity on the part of the contractor, which negligence might include equipment failure. 16.The Contractor performing under this contract shall operate and maintain its parking and storage facility in compliance with the terms of this contract and all State and City applicable laws, ordinances, and rules and regulations that are presently in effect, or which may hereafter be adopted. 17.No alterations or modifications of the terms of this contract shall be valid unless made in writing and signed by authorized representatives of both parties hereto. 18.In the event of a breach by the Contractor of any terms or conditions of this agreement, the City shall have, in addition to any other legal recourse, the right to terminate this agreement forthwith. 19.Either party may terminate this contract upon the serving of such termination notice to the other, in writing, (6) six months prior to the intended termination date. 20.A copy of this contract, along with the authorized fee schedule, shall be posted in a conspicuous place in the Contractor's place of business. INSURANCE: The successful Contractor shall not commence work under this contract until the specified insurance coverages have been obtained. The Contractor shall file, with the Richfield City Clerk, all certificates of insurance or documentation thereof indicating that all specified insurance have been obtained and are in full force. The City of Richfield shall be named as an additional insured on said comprehensive general liability policy. 4,44 The following coverages are required as minimums: 1. Public Liability Insurance: $1,000,000 Comprehensive General Liability (including assault and battery). 2. Business Auto Policy with all coverages (all vehicles), with $1,000,000 limits. 3. Garage Keepers' Legal Liability. 4. Workers' Compensation Insurance covering all employees of the Contractor, or his agents, working under this contract in accordance with the Minnesota Workers Compensation Law. The Contractor shall agree to provide to the Richfield City Clerk, 25 days prior written notice in the event any policy is canceled or a material change is effected and each policy must contain a provision that the insurer notify the Richfield City Clerk immediately if a policy is canceled or a material change has been effected. PERFORMANCE BOND: On or before the date that the contract between the City and the Towing service becomes effective, the Contractor shall file with the Richfield City Clerk an acceptable Corporate surety bond in the amount of $10,000, payable to the City of Richfield and subject to the approval by the Richfield City Attorney for the faithful performance of all duties and obligations imposed under the terms and conditions of the contract. EXHIBIT B "I�•I City of Richfield, MN REVISED PROPOSAL FOR TOWING,IMPOUNDING AND STORAGE OF VEHICLES Current Proposed 12/01/11 12/01/12 thru thru 11/30/12 11/30/13 Towing of impounded cars,trucks(under 1 V2 ton capacity), motorcycles,all-terrain vehicles,snowmobiles and unattended utility trailers towed within the City of Richfield $ 82.30 $84.80 Towing charge for the same from outside the City of Richfield $ 82.30 $84.80 Mileage charge for same $ 3.30 $3.40 Towing of trucks(larger than 1 ton capacity)within the City of Richfield $138.00 $142.10 Towing charge for same outside the City of Richfield $136.90 $141.00 Mileage charge for same $ 3.20 $3.30 Use of Winch with a tow Car(Per hour) $20.60 $21.20 Truck(Per hour $34.00 $35.00 Use of Dolly $20.60 $21.20 Use of low-bed trailer or truck(flatbed required) $ 102.90 $106.00 Storage Charges First 24 hours or fraction thereof: Inside Storage $37.00 $38.10 Outside Storage $26.80 $27.60 Each additional 24 hours of fraction thereof: Inside Storage $37.00 $38.10 Outside Storage $26.80 $27.60 Forfeitures Vehicles forfeited to the City of Richfield $152.00 $152.00 City owned vehicles Towing city owned vehicle less than 1 ton within city of Richfield $40.10 $41.30 Mileage charge for same outside city $3.30 $3.40 *Cents are rounded to the nearest dime except mileage www.chiefstowing.com AGENDA SECTION: CONSENT AGENDA ITEM# 4F REPORT# 183 STAFF REPORT RICHFIELD CITY COUNCIL MEETING OCTOBER 23, 2012 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: ` / ' /....A. / REVIEWED BY CITY MANAGER: it r , / __— ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract to Plunkett's Pest Control to furnish and install netting to the underside of the picnic shelter roof located in Veterans Park in the amount of$11,420 plus applicable sales tax. I. RECOMMENDED ACTION: By Motion: Approve the award of contract to Plunkett's Pest Control to furnish and install netting to the underside of the picnic shelter roof located in Veterans Park in the amount of $11,420 plus applicable sales tax. II. BACKGROUND The City of Richfield operates a large picnic shelter in Veterans Memorial. The facility is used for many picnic and event rentals, a weekly farmers market and a number of City events. Barn Swallows have been attracted to the underside of the picnic shelter canopy which provides them protection from the elements and a place to nest. The birds have caused a problem to users of the picnic shelter in the past including waste droppings on picnic tables and birds swooping and diving at people. The City has received numerous complaints and has issued some refunds to renters that have claimed the bird activity had ruined their event. Barn Swallows are protected by the Migratory Bird Treaty Act which is enforced by the U.S. Fish and Wildlife Service. The City contacted officials at the U.S. Fish and Wildlife Service last year and created a procedure that is compliant to the Migratory Bird Treaty Act and helps to control the nesting activity under the shelter. This procedure involves City staff to remove the nests on a regular basis to discourage 102312 Plunkett's Pest Control Contract nesting. The procedure calls for inspection of the nest before each removal to insure that no eggs or hatchlings are present. If so, nest removal would discontinue and the barn swallows would be allowed to nest. The City then applied for and received a permit to destroy any eggs or hatchlings present in the nests. In searching for a permanent solution that honors the intent of the Migratory Bird Treaty Act, staff is recommending to install netting to the underside of the picnic shelter roof. The netting is typically used as an effective way to control barn swallow activity. Three quotes were received to furnish and install specially designed 3/4-inch netting for bird control. Plunkett's Pest Control offered the lowest quote in the amount of $11,420 not including applicable sales tax. The product includes a 10-year guarantee on materials and a 2-year guarantee on repair labor. III. BASIS OF RECOMMENDATION A. POLICY • Under the City's Purchasing and Spending Authority Policy, contracts or purchases from $1,000 to $25,000 must be approved by the division manager, department director, finance director and the City Manager. • If the amount of the contract is estimated at $25,000 or less, the contact or purchase may be made either upon quotation or in the open market in the discretion of the governing body. If the contract or purchase is made upon quotation, it shall be based on at least two quotations. Three quotes were received and Plunkett's Pest Control offered the lowest price. • There are no publication or notification requirements that apply to this action. B. CRITICAL TIMING ISSUES • Installation of the new netting should be completed before March, 2013 before barn swallows are expected to arrive to the area. C. FINANCIAL • Funding for the furnishing and installation of netting will come from a residual balance of Special Revenue funds approved through the Capital Improvement Budget and Transitory Ordinance process for the purpose of park and recreation related projects. The residual balance is an outcome of prior year budgeted project costs being less than originally budgeted. • Quotes were received from the following companies: 1. Plunkett's Pest Control $11,420 plus tax* 2. Adam's Pest Control $14,750 plus tax 3. Construction Results Corporation $33,471 * lowest quote and recommended contract • Approximately 150 hours of staff time (or the equivalent of$2,000 annually) would be saved by installing the nets and eliminating the need to remove and inspect nests. D. LEGAL • The City Attorney has reviewed the attached contract and will be available for discussion at the meeting. E. ENVIRONMENTAL CONSIDERATIONS • The installation of netting under the picnic shelter will prevent barn swallows from nesting there and the birds will have to find another location. Staff is in the process of planning an alternative nesting solution for Veterans Park. IV. ALTERNATIVE RECOMMENDATION(S) • Council may choose to direct staff to seek additional quotes on the netting or abandon the project. If the project is abandoned, the City will continue to remove nests as directed by the U.S. Fish and Wildlife Service. V. ATTACHMENTS • Contract with Plunkett's Pest Control VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None plunkeirs Li.rd -Resta-N*6 June 21,2012 A Proposal Prepared Particularly For: CITY OF RICHFIELD Service Location: (Picnic Area-Park Shelter) 6400 Portland Avenue Richfield MN,55423 Attn: Jim Topitzhier (612)861-9394 Thank you for considering Plunkett's Pest Bird Exclusion Program Service Plunkett's agrees to provide Professional Pest Bird Exclusion Service for the control of Pest swallow nesting on the rafters under the picnic area roof.The presence of swallow nests in this location is causing a large abundance of swallow droppings in the picnic area creating an unsanitary and possibly unhealthy environment where people and food are present. Program and Schedule Plunkett's will provide a one-time installation service which will involve installing 3/4"bird net to the roof supports, preventing pest swallows from nesting in this area and eliminating the build up of bird feces as well as possible unsanitary and health issues. Plunkett's Guarantee There will be a Manufacturers guarantee on the bird netting material for a period of 10 years from the installation date. Guarantee is void if damages occur to the net material by any other means other than normal wear and tear. Plunkett's will provide labor for repairs needed on bird net material for a 2 year period from the installation date. Guarantee is void if damages occur to the net material by any other means other than normal wear and tear. Once per year maintenance programs are available. Personnel Plunkett's is a certified Bird-B-Gone installer. All Plunkett's technicians are tested and state-certified. All pest bird exclusion work will be performed in accordance with the most modem,effective and scientific pest control procedures. Your Cooperation Our intention while servicing your property is to correct pest problems as quickly as possible.Sanitation measures will be the responsibility of the CITY OF RICHFIELD,to reduce feed spillage in the immediate areas of Pest Bird activity to achieve maximum effectiveness in your Pest Bird Exclusion Program. Plunkett's Pest Control, Inc. www.Plunketts.Net 40 NE 52nd Way Fridley, MN 55421 •Twin Cities 763-571-7100•Toll Free 877-571-7100 A Copesan Pest Solutions Partner Plunketts Insurance Insurance will be carried by Plunkett's during the entire terms of this agreement for our mutual protection. We are happy to supply a certificate of coverage on request. Offer Withdrawal Plunkett's offer to perform the services listed maybe withdrawn if not accepted within ninety(90)days. Price Guarantee Plunkett's Guarantees all prices quoted for a minimum of one year unless there is a material change in specifications requested by you. Fees Plunkett's proposes to furnish all Labor and Materials needed to complete the exclusion work proposed in this proposal. Material $4,500.00 Labor $6,120.00 Lift Rental(2) $800.00 Total $11,420 plus applicable State and Local Tax. Submitted by: Scott Johnston Bird Division Plunkett's Pest Control Acceptance Acceptance Date By: Effective Date Title Payment Options:Payment is due upon completion of proposed work. Tax Exempt#: Prepared by: Scott Johnston Bird Division Plunkett's Pest Control Plunkett's Pest Control, Inc. www.Plunketts.Net 40 NE 52nd Way Fridley, MN 55421 •Twin Cities 763-571-7100•Toll Free 877-571-7100 A Copesan Pest Solutions Partner AGENDA SECTION: CONSENT AGENDA ITEM it 4G REPORT# 184 milli STAFF REPORT RICHFIELD CITY COUNCIL MEETING OCTOBER 23, 2012 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME,TITLE DEPARTMENT DIRECTOR ' / 1 I / / REVIEW. �11ff v SIGNATU':r REVIEWED BY CITY .f . , M ‘ / ANAGER: Axp,..46,....: 4„, „ J ■ ITEM FOR COUNCIL CONSIDERATION: Approval of the continuation of the agreement with the City of Bloomington for the provision of food inspection services for Richfield for the year 2013. I. RECOMMENDED ACTION: By Motion: Approval of the continuation of the agreement with the City of Bloomington for the provision of food inspection services for Richfield for the year 2013. II. BACKGROUND The City of Bloomington has provided inspection and enforcement services in the areas of food, beverage, lodging and public swimming pools and plan check for food services for over 25 years to the City of Richfield. The proposed contract for 2013 for these services will be $127,700 compared to the 2012 contract amount of$124,000. This is a 3% increase over the dollar amount paid to Bloomington in 2012. The terms of the contract still provide for the contract to be terminated upon the expiration of 30 days after service of written notice upon the other party, if there should be a need to terminate it before it expires December 31, 2013. III. BASIS OF RECOMMENDATION 102312 Food Inspection Contract A. POLICY • The City of Bloomington has sufficient resources to provide a professional level of inspection services to Richfield residents. Annual evaluations of their services have shown that they are providing efficient services in a cost-effective manner. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • A 3% budget increase had been communicated to Richfield earlier by Bloomington so the amount of$127,700 has been included in Richfield's 2013 budget. D. LEGAL • The City Attorney has reviewed the contract and has approved of it and its contents. • E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • The Council could decide to have Richfield provide its own food services inspections, beverage, lodging and swimming pool inspections and plan check food services; however, the State would have to approve this change and would likely be concerned about staffing, response and capacity issues. The cost of hiring the staff necessary to provide the same level of services and administrative support would be more than the current expenditures and would require a significant budget increase. V. ATTACHMENTS • 2013 City of Bloomington Food, Beverage, Lodging and Public Swimming Pool Inspection Contract VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 102312 Food Inspection Contract AGREEMENT This Agreement is made this day of , 2012, by and between the City of Richfield(hereinafter referred to as "Richfield") and the City of Bloomington(hereinafter referred to as "Bloomington"). WHEREAS, Richfield is authorized and empowered to provide for various types of environmental health inspections and code enforcement to ensure the public health, welfare and safety; and WHEREAS, it is the desire of the parties and the purpose of this agreement that certain of such services be performed by Bloomington on behalf of Richfield; NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, the above parties hereto agree as follows: 1. The term of this agreement shall be from January 1, 2013 through December 31, 2013, subject to termination as provided in paragraph 6. 2. For the term of this agreement, Bloomington shall provide Richfield with the following services, in and on behalf of Richfield: a. Food establishment inspections and code enforcement as necessary. A minimum of two (2) inspections will be done of all "high risk"food service establishments and schools per year. At least one (1) inspection will be done of all "high risk" retail food establishments. "Low risk" food establishments will be inspected once (1) per 24 months and"medium risk" food establishments once (1)per year. b. Plan check and preopening construction inspections for new and remodeled food and lodging establishments. c. Public swimming pools inspections at least once (1)per year with a goal of two (2) inspections per year. This includes an opening inspection of all outdoor public pools at the beginning of the summer swimming season. d. Lodging establishments inspections at least once (1) per year. e. Investigation and resolution of complaints associated with food and lodging establishments and public swimming pools. 3. Bloomington shall have control over the manner in which the inspections, plan review and code enforcement activities are conducted and over the determination of what enforcement action is appropriate and consistent with Richfield City Code Sections 617, 618 and 619, and other policies as established by the City of Richfield. 4. Bloomington shall assume the expense of performing the inspections and code enforcement. 5. In 2013, Richfield shall pay Bloomington the sum of ONE HUNDRED, TWENTY- SEVEN THOUSAND, SEVEN HUNDRED AND NO/100 DOLLARS ($127,700.00) for services provided pursuant to this Agreement. One-half of this amount shall be due on June 30, 2013, and the remainder shall be due on November 30, 2013. 6. Either party may terminate this Agreement as follows: a. Upon the expiration of 30 days after service of written notice upon the other party; or b. At any time, upon agreement of the parties; or c. In any event on December 31, 2013. 7. In the event of a termination prior to December 31, 2013, a prorata reduction of the compensation owed by Richfield to Bloomington shall occur which reflects the period remaining on the Agreement at the time of termination. 8. Bloomington agrees to defend, indemnify and hold harmless Richfield, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from Bloomington's performance of the duties required under this Agreement, provided that any such claim, action, damage, loss or expense is attributable to bodily injury, sickness, disease, or death or to the injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Bloomington. This provision shall not be construed as a waiver by either party of any defenses, immunities or limitators on liability with respect to claims made by third parties. 9. Richfield agrees to defend, indemnify and hold harmless Bloomington, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from Richfield's performance of the duties required under this Agreement, provided that any such claim, action, damage, loss or expense is attributable to bodily injury, sickness, disease, or death or to the injury to or destruction of property including the loss of use resulting 2 LIO therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Richfield. This provision shall not be construed as a waiver by either party of any defenses, immunities or limitators on liability with respect to claims made by third parties. 10. Bloomington shall carry municipal liability insurance in the amount of at least$500,000 per individual and $1,500,000 per occurrence. Bloomington shall carry property damage liability insurance in the amount of$100,000. Richfield shall be named as an additional insured on Bloomington's municipal liability policy and a certificate of said insurance shall be provided to Richfield. Bloomington shall carry Worker's Compensation Insurance as required by Minnesota Statutes, Section 176.181, Subd. 2 and further agrees to provide a certificate of said insurance to the Richfield. 11. Any employee assigned by Bloomington to perform its obligations hereunder shall remain the exclusive employee of Bloomington for all purposes including, but not limited to,wages, salary and employee benefits. 12. In addition to the services listed in Paragraph 2 above, Bloomington shall, upon request, also provide for and on behalf of Richfield: a. Lead inspections and lab services; b. Housing and grossly unsanitary dwellings inspections and code enforcement services; and c. Mold inspection and code enforcement services. Such services shall be paid for by Richfield at the hourly rate of$62.00 per hour, and said hourly rate shall be separate from, and in addition to,the payment provided for by Paragraph 5 of this Agreement. All other provisions of this Agreement shall remain applicable with respect to the lead, housing, mold and unsanitary dwelling inspection services being provided. 13. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the persons employed by Bloomington as the agent, representative or employee of Richfield for any purpose or in any manner whatsoever. Bloomington is to be and shall remain an independent contractor with respect to all services performed under this contract. Bloomington represents that it has, or will secure at its own expense, all personnel required in performing services under this contract. Any and all personnel of Bloomington or other persons, while engaged 3 Li '-i in the performance of any work or services required by Bloomington under this contract, and shall not be considered employees of Richfield, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against Bloomington, its officers, agents contracts or employees shall in no way be the responsibility of Richfield; and Bloomington shall defend, indemnify and hold Richfield, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from Richfield, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensations, Unemployment Compensation, disability, severance pay and PERA. 14. The books, records, documents, and accounting procedures of Bloomington relevant to this Agreement, are subject to examination by Richfield and either the legislative or state auditor as appropriate,pursuant to Minnesota Statutes, Section 16C.05, Subd. 5. 15. This Agreement represents the entire Agreement between Bloomington and Richfield and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof, any amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 16. Bloomington and Richfield agree to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. Bloomington has designated coordinators to facilitate compliance with the Americans With Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. For information contact Human Services Division, City of Bloomington, 1800 West Old Shakopee Road, Bloomington, Minnesota 55431; telephone: 952/563-8700; TDD: 563-8740. Richfield agrees to hold harmless and indemnify Bloomington from costs, including but not limited to damages, 4 attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA by Richfield. Bloomington agrees to hold harmless and indemnify Richfield from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA by Bloomington. 17. The City of Bloomington and the City of Richfield agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1536 Hewitt Avenue, St. Paul, Minnesota, 55104. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. 18. Both parties agree to comply with all applicable state, federal and local laws, rules and regulations. IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first written above. CITY OF BLOOMINGTON DATED: BY: Its Mayor DATED: BY: Its City Manager Reviewed and approved by the City Attorney. City Attorney CITY OF RICHFIELD DATED: BY: Its Mayor DATED: BY: Its City Manager 5 AGENDA SECTION: CONSENT AGENDA ITEM# 4H REPORT# 185 IrAIII STAFF REPORT RICHFIELD CITY COUNCIL MEETING OCTOBER 23, 2012 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME,TITLE DEPARTMENT DIRECTOR 1111 , REVIEW: , b I SIGNATU• y REVIEWED BY CITY 4 / MANAGER: iJ `„abel4f 40 / & ITEM FOR COUNCIL CONSIDERATION: Approval of a Public Health and Environmental Health Mutual Aid Agreement I. RECOMMENDED ACTION: . By Motion: Approval of a Public Health and Environmental Health Mutual Aid Agreement II. BACKGROUND Minnesota State Statues Section 471.59 states that political subdivisions of the State of Minnesota may jointly and cooperatively exercise powers common to each of the contracting parties. In 2006, a total of eleven political subdivisions met and cooperatively prepared a Public Health Mutual Aid Agreement between them to strengthen the preparedness of the public health system in Minnesota. This mutual aid agreement was originally approved by the Richfield City Council in January of 2007. Since that time there were discussions among the eleven political subdivisions about amending the original mutual aid contract to also include environmental health. This primarily came about as a result of the Twin Cities hosting the 2008 Republican National Convention. It primarily came about as a result of the need for a mutual aid agreement to the City of Minneapolis or Hennepin County in the event of a food related outbreak or issue requiring other outside food related assistance. This mutual aid agreement was approved in January of 2008 by Richfield's City Council. 102312 PHMOA Emergencies may occur in the future which will require local public health entities to come to the aid and assistance of other local public health entities. Therefore, the intent of the agreement is to make personnel, equipment and other resources available to other participants in the event of an emergency, training or drill or exercise. The other sixteen participating entities have either already received approval from their County/City Boards or are in the process of doing so. They are as follows: Counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, Washington and cities of Brooklyn Park, Edina, Maplewood, Minneapolis, Minnetonka, St. Paul, Wayzata as well as the University of Minnesota. Richfield is the seventeenth entity to participate. It should be noted that Richfield does not have its own personnel staffing the food inspection area for Richfield but rather contracts with the City of Bloomington for these services. Nonetheless, from a technical and legal standpoint, they would still like Richfield's individual approval of the agreement. The original agreement was signed by those participating in February of 2007 and was set to expire on December 31, 2011. An oversight at Hennepin County resulted in the need for an amendment that extended the current contract through December 31, 2012. Richfield approved of this extended agreement in late 2011. This version is now before the City Council as Hennepin County is proposing renewal of it once again beginning in 2013 with termination slated for December 31, 2017. City Attorney Corrine Heine has reviewed the document and approved of its' content. III. BASIS OF RECOMMENDATION A. POLICY • It is recognized and acknowledged that in certain situations, including but not limited to, natural disasters, public health emergencies, technological hazards, man-made disasters, civil emergencies, community disorders, insurgency or enemy attack, or training, drills or exercises in preparation for any of these eventualities, the use of personnel, equipment, supplies and/or services of a local public health entity to perform functions outside its jurisdictional limits is desirable and necessary to preserve and protect the health, safety and welfare of the citizens of the State of Minnesota. B. CRITICAL TIMING ISSUES • This new agreement must be approved and forwarded to Hennepin County before December 31, 2012, so that the City can continue to participate in the mutual aid agreement. 102312 PHMOA C. FINANCIAL • N/A D. LEGAL • The City Attorney has reviewed this agreement and has approved of its' content. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could decide not to approve the agreement. This would mean that Richfield could not depend on counties or cities within the seven county metro area to provide public health or environmental health mutual aid to Richfield in the event it was needed. V. ATTACHMENTS • 2013 Public Health and Environmental Health Mutual Aid Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 102312 PHMOA HC Agreement# 216-I MUTUAL AID AGREEMENT Twin Cities Public Health and Environmental Health Entities in Minnesota THIS Twin Cities Public Health and Environmental Health Entities In Minnesota Mutual Aid Agreement ("Agreement") is among the County of Anoka, County of Carver, County of Dakota, County of Hennepin, County of Ramsey, County of Scott, County of Washington, City of Bloomington, City of Brooklyn Park, City of Edina, City of Maplewood, City of Minneapolis, City of Minnetonka, City of St. Paul, City of Richfield, City of Wayzata, and the University of Minnesota(the"Party" or"Parties" depending on context). WHEREAS, pursuant to Minnesota Statutes Section 471.59, governmental units of the State of Minnesota may jointly and cooperatively exercise powers common to each of the contracting parties; and WHEREAS,the purpose of this Agreement is to strengthen the preparedness of the public health and environmental health system in Minnesota; and WHEREAS, emergencies may occur in the future which will require local public health and/or environmental health entities to come to the aid and assistance of other local public health or environmental health entities; and WHEREAS, the Parties participating in this Agreement have determined that it is in their best interests to assist one another in the event of an emergency, training, drill or exercise; and WHEREAS, the intent of this Agreement is to make personnel, equipment, and other resources available to governmental units in the event of an emergency, training, drill or exercise. NOW, THEREFORE, in consideration of the foregoing, the Parties agree as follows: I. PURPOSE In certain situations, including but not limited to, natural disasters, public health emergencies, technological hazards, man-made disasters, civil emergencies, community disorders, insurgency or enemy attack, disease outbreaks, or special events, or trainings, drills or exercises in preparation for any of these eventualities, the cooperative use of the personnel, equipment, supplies and/or services of local governmental units is desirable and necessary to preserve and protect the health, safety and welfare of the citizens of the State of Minnesota. This Agreement only addresses assistance provided by a Participating party in response to a request made by a Requesting party and does not affect the applicability of Minn. Stat. § 12.331, Minn. Stat. § 12.33, or other pertinent laws to other activities that may be undertaken by a political subdivision. L 9 The Parties to this Agreement intend that the Agreement serve as a valid written agreement for mutual aid as required by FEMA in requesting reimbursement for those reasonable eligible costs incurred as a result of a qualifying emergency. II. DEFINITIONS For the purposes of this Agreement, the following terms shall be defined as follows: A. "Party" or "Parties"means one or more governmental unit(s) that is a signatory to this Agreement. B. "Employee"means those personnel currently working for a Party including, elected and appointed officials, officers and volunteers who are registered with and under the direction and control of that Party as required by Minn. Stat. §12.22, subd. 2a(a). C. "Participating party"means the local public health, environmental health, or human services authority of a governmental unit that is a Party to this Agreement. D. "Requesting Official"means the person designated by a Participating party who is responsible for requesting Assistance from the other Participating parties. E. "Requesting party" means a Participating party that requests assistance from one or more other Participating parties. F. "Assisting Official" means the person designated by a Participating party who is responsible to determine whether and to what extent that Participating party should provide assistance to a Requesting party. G. "Assisting party" means a Participating party that provides Assistance to a Requesting party under this Agreement. H. "Assistance"means Public Health, Environmental Health, Behavioral Health, or Human Services resources, such as personnel, services, equipment, supplies, and facilities. I. "Incident"means an occurrence, natural or manmade, that requires a response to protect life or property. Incidents can, for example, include major disasters, emergencies,terrorist attacks, terrorist threats, civil unrest, wild land and urban fires, floods, hazardous materials spills, nuclear accidents, aircraft accidents, earthquakes, tornadoes, war-related disasters, public health and medical emergencies, and other occurrences requiring an emergency response, or special events, or trainings, drills or exercises in preparation for any of these eventualities. 2 III. PROVISION OF MUTUAL AID A. Request for Assistance. Whenever, in the opinion of a Requesting Official, there is a need for Assistance from other Participating parties relating to an Incident, the Requesting Official may, orally or in writing, call upon the Assisting Official of any other Participating party to furnish assistance. The Requesting party, within a reasonable period of time, shall provide each Assisting party with a written confirmation of the need for assistance including details regarding requested resources,timelines/schedules and location(s) for Assistance. B. Response to Request. Upon the oral or written request for Assistance from a Requesting party, the Assisting Official may authorize and direct the Participating party's personnel to provide assistance to the Requesting party. This decision will be made after considering the needs of the Assisting party and the availability of resources. Once Assistance has been authorized, the Assisting party, within a reasonable period of time, shall provide the Requesting party with a written confirmation of assistance including details regarding the personnel and resources to be provided and when they will be available. C. Recall and Release of Assistance. The Assisting Official may at any time recall such Assistance when in his or her sole discretion or by an order from the governing body of the Assisting party or its designee, it is considered to be in the best interest of the Assisting party to do so. The Requesting party may at any time release an Assisting party or an individual from providing any further Assistance. D. State Declared Emergency. If the State of Minnesota or an authorized state agency declares an emergency,the statutes and administrative rules pertaining to state declared emergencies shall prevail where they conflict with the provisions of this Agreement. E. Command and Control. The Requesting party shall be responsible for command of the Incident for which Assistance is requested. Resources deployed by the Assisting party(s) shall be under the direction and control of the Requesting party until the Assisting Official(s) withdraw assistance; or the Requesting party delegates direction and control of the Incident to the Assisting party(s). If direction and control is delegated, the Requesting party shall transfer command in writing. At a minimum, the writing transferring command shall identify the Assisting party's scope of authority and Incident objectives. As necessary, it shall also identify pertinent legal and policy restraints, cost considerations, and other pertinent information. This Agreement does not prevent Participating parties from managing an Incident under a unified incident command structure, as that term, or a similar term, is used and commonly accepted in the industry. 3 4-4 IV. LIABILITY The liability of the Parties shall be governed by the provisions herein and by Minnesota Statute Section 471.59. A. For purposes of determining total liability for damages, the Parties are considered a single governmental unit and the total liability for all Parties shall not exceed the limits on governmental liability for a single governmental unit, subject to the limits of liability under Minnesota Statutes Chapter 466 and other applicable laws, rules, and regulations, including common law. Under no circumstances shall a Party be required to pay on behalf of itself and other Parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one Party. The statutory limits of liability for some or all of the Parties may not be added together or stacked to increase the maximum amount of liability for any Party. B. Each Party requesting Assistance shall defend, indemnify and hold harmless each Party providing Assistance, its Employees, officers and elected and appointed officials against any and all claims brought or actions filed against the Party providing Assistance and its Employees for injury to, death of, or damage to the property of any third person or persons, for claims arising from performance hereunder and/or the provision of Assistance in responding to a request for Assistance pursuant to this Agreement. C. For purposes of Minnesota Statutes Chapter 466, the Employees of the Party providing Assistance are deemed to be employees (as defined in Minn. Stat. § 466.01, subdivision 6) of the Party requesting Assistance, but only for purposes of addressing liability under this Agreement. The Employees of the Party providing Assistance shall not be considered employees of the Party requesting Assistance for any other purpose. D. Each Participating party agrees to promptly notify the other Participating parties if it knows or becomes aware of any facts or allegations reasonably giving rise to actual or potential liability, claims, causes of action,judgments, damages, losses, costs or expenses, including attorney's fees, involving or reasonably likely to involve the other Parties, and arising out of acts or omissions related to this Agreement. E. No Party to this Agreement or any Employee of any Party shall be liable to any other Party or to any other person for failure of any Party to furnish Assistance to any other Party, or for recalling or releasing Assistance as described in this Agreement. F. If a Party utilizes contractors or agents to provide services or Assistance under this Agreement, the Party shall execute a contract with any such contractor(s) and agent(s) including, to the extent practicable, the following language: 4 111A-5 "CONTRACTOR shall defend, indemnify, and hold harmless (insert name of Party/jurisdiction), its officials, officers, agents, volunteers and employees from any liability, claims, causes of action,judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the CONTRACTOR, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and omissions they may be liable in the performance of the services required by this Contract, and against all loss by reason of the failure of the CONTRACTOR to perform fully, in any respect, all obligations under this contract. In order to protect the CONTRACTOR and those listed above under the indemnification provision, the CONTRACTOR agrees at all times during the term of this Contract, and beyond such term when so required, to have and keep in force the following insurance coverages, in amounts equal at least to the municipal tort liability limits of Minnesota Statutes Chapter 466 or other applicable law as currently in effect or as may be amended from time to time, unless specific dollar limits are otherwise provided herein: (1) Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate Products—Completed Operations Aggregate Personal and Advertising Injury Each Occurrence—Combined Bodily Injury and Property Damage (2) Workers' Compensation and Employer's Liability: Workers' Compensation As required by Minnesota law. Employer's Liability. Bodily injury by: Accident—Each Accident Disease—Policy Limit Disease—Each Employee (3) Professional Liability—Per Claim and Aggregate The professional liability insurance must be maintained continuously for a period of two years after the termination of this Agreement. 5 An umbrella or excess policy over primary liability insurance coverages is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of the CONTRACTOR to determine the need for and to procure additional insurance which may be needed in connection with this contract. Copies of insurance policies shall be promptly submitted to (insert name of Party/jurisdiction) upon written request. The CONTRACTOR shall not commence work until it has obtained required insurance. The certificate(s) shall name (insert name of Party/jurisdiction) as the certificate holder and as an additional insured for the liability coverage(s) with respect to operations covered under the Contract. The CONTRACTOR shall furnish to (insert name of Party/jurisdiction) updated certificates during the term of this Contract as insurance policies expire. If the CONTRACTOR fails to furnish proof of insurance coverages, (insert name of Party/jurisdiction) may withhold payments and/or pursue any other right or remedy allowed under the contract, law, equity, and/or statute. (Insert name of Party/jurisdiction) does not waive any rights or assume any obligations by not strictly enforcing the requirements set forth in this section. Duty to Notify. The CONTRACTOR shall promptly notify (insert name of Party/jurisdiction) of any claim, action, cause of action or litigation brought against CONTRACTOR, its employees, officers, agents or subcontractors, which arises out of the services contained in this Contract. The CONTRACTOR shall also notify (insert name of Party/jurisdiction) whenever CONTRACTOR has a reasonable basis for believing that CONTRACTOR and/or its employees, officers, agents or subcontractors, and/or(insert name of Party/jurisdiction) might become the subject of a claim, action, cause of action, criminal arrest, criminal charge or litigation arising out of and/or related to the services contained in this Contract. Failure to provide the notices required by this section is a material violation of the terms and conditions of this Contract." V. WORKER'S COMPENSATION Each Party shall be responsible for injuries or death of its own Employees "to the extent required by law". Each Party will maintain worker's compensation insurance or self- insurance coverage, covering its own Employees while they are providing assistance pursuant to this Agreement. Each Party waives the right to sue any other Party for any worker's compensation benefits paid to its own Employee or their dependents, even if the injuries were caused wholly or partially be the negligence of any other Party or employees. 6 1-10 VI. DAMAGE TO EQUIPMENT, SUPPLIES, FACILITIES Each Party, to the extent a Party is at fault, shall be responsible for damages to or loss of its equipment, supplies and facilities while acting within the scope of this Agreement. VII. CHARGES TO THE REQUESTING PARTY A. No charges will be levied by a Assisting party to this Agreement for Assistance rendered to a Requesting party under the terms of this Agreement unless that Assistance continues for a period of more than eight (8)hours, as measured from the time Assisting party begins to provide Assistance after being specifically directed by the Requesting party to perform a task or tasks, unless the Requesting party is eligible to obtain reimbursement for expenses it incurred during this period from the United States, the State of Minnesota, or any other source. In that event the Requesting party shall take all steps necessary to seek reimbursement to the Assisting party for the actual cost of any Assistance provided during this initial eight(8) hour period including salaries, overtime, materials and supplies, and other necessary expenses. B. If Assistance provided under this Agreement continues for more than eight(8) hours, the Assisting party shall submit to the Requesting party an itemized bill for the actual cost of any Assistance provided after the initial eight (8)hour period, including salaries, overtime, materials and supplies and other necessary expenses; and the Requesting party shall reimburse the Party providing the Assistance for that amount. Any such reimbursement request must be submitted in writing to the Requesting party no later than ninety (90) days after the last day that the Assisting party provides the assistance. C. The ability to levy such charges is not contingent upon the availability of federal or state government funds to reimburse the charges. VIII. DURATION This Agreement will become effective as to each Party on the later of the date that the Party executes this Agreement or January 1, 2013, and shall terminate December 31, 2017, unless terminated sooner pursuant to section XI herein. Copies of the executed Agreement shall be provided to: Hennepin County Human Services Public Health Department Attention: Emergency Preparedness Unit Supervisor 1011 First Street South, Suite 215 Hopkins, MN 55343 (612) 543-5220 7 IX. MERGER AND MODIFICATION A. The entire Agreement between the Parties is contained herein and this Agreement supersedes all oral agreements and negotiations between the Parties relating to the subject matter hereof. The matters set forth in the "WHEREAS" clauses at the beginning of this Agreement are by this reference incorporated into and made a part of this Agreement. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the Parties hereto. X. WITHDRAWAL A. Any Party may withdraw from this Agreement with or without cause by providing thirty (30) days' prior written notice to the other Parties herein, consistent with XVI herein. Withdrawal shall not discharge any liability incurred by any Party prior to withdrawal. Such liability shall continue until discharged by law or agreement. C. The terms of Sections II, III, IV, V, VI, XI, and XII shall survive the expiration, termination or withdrawal from this Agreement. XI. RECORDS —AVAILABILITY/ACCESS To the extent required by Minnesota Statutes Section 16C.05, Subd. 5 (as may be amended), the Parties agree that the any Party, the State Auditor, the Legislative Auditor or any of their duly authorized representatives, or ultimate funding sources, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other Parties and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the Agreement and for six (6) years after its termination or cancellation. XII. DATA PRIVACY Each Party, its Employees and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. 8 XIII. COMPLIANCE Parties shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances in force or hereafter enacted. XIV. EXECUTION Each Party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. This Agreement may be executed in any number of counterparts, each counterpart for all purposes being deemed an original and all such counterparts shall together constitute one and the same agreement. XV. ADDITIONAL PARTIES AND COUNTERPARTS A local government unit may become a participant in this Agreement upon execution by its governing body and the consent of all of the Parties as evidenced by formal action of their governing bodies. Each Party, at its sole discretion, may designate and authorize an agent to act on behalf of the Party with respect to granting or withholding approval of the addition of a new Party under this section. XVI. CONTRACT ADMINISTRATION In order to coordinate the services so as to accomplish the purposes of this Agreement, each Party shall designate a contact person, and provide written notice to all other Parties of the name and pertinent contact information for that Party's contact person. Parties shall update this information in writing as needed to maintain current contact information. XVII. DISTRIBUTION OF PROPERTY Any property belonging to or acquired by any Party shall remain the property of that Party, until and unless ownership of the property is transferred by sale, donation, or other means memorialized in writing. A SIGNATURE PAGE FOR EACH PARTY SHALL BE ATTACHED 9 LIVID CITY OF RICHFIELD By: Mayor Debbie Goettel Date: By: City Manager Steve Devich Date: Reviewed and approved by the City Attorney By: City Attorney Corrine Heine Date: Twin Cities Public Health and Environmental Health Entities in Minnesota Mutual Aid 2013 AGENDA SECTION: CONSENT AGENDA ITEM# 41 REPORT# 186 STAFF REPORT RICHFIELD CITY COUNCIL MEETING OCTOBER 23, 2012 REPORT PRF�PARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR ' ' .- REVIEW: ' ) •*`' SIGNATURE REVIEWED BY CITY MANAGER: ' /may(, (1 j ITEM FOR COUNCIL CONSIDERATION: Consideration of the request for a Temporary On-Sale Intoxicating Liquor license for the Church of St. Richard, 7540 Penn Ave. So., for their annual November Fest to be held November 10 and 11, 2012. I. RECOMMENDED ACTION: By Motion: Approve the request by the Church of St. Richard for a Temporary On-Sale Intoxicating Liquor license for their November Fest event scheduled to take place on November 10 & 11, 2012. II. BACKGROUND On September 26, 2012, the Church of St. Richard submitted a request for a Temporary On-Sale Intoxicating Liquor license for their annual November Fest event to be held on November 10 & 11, 2012. All required licensing fees have been received. The event will take place from 9:00 a.m. to 9:00 p.m. on November 10th and 9:00 a.m. to 1:00 p.m. on November 11th. The applicant has requested a Temporary On-Sale Intoxicating Liquor license to serve wine and 3.2 percent malt liquor only. No other intoxicating liquor beverage will be permitted. 102312 Church of St. Richard November Fest event. Service of wine and 3.2 percent malt liquor would be available only on November 10th from 6:00 p.m. to 9:00 p.m. They plan to serve sandwiches, tacos in a bag, pancakes, sausage, spaghetti, and garlic bread. The City has previously granted this license to the Church of St. Richard for their annual November Fest event. III. BASIS OF RECOMMENDATION A. POLICY • Richfield City Code Section 1202 requires applicants of Temporary On-Sale Intoxicating Liquor licenses to comply with all of the provisions of both City Code and State Statutes. B. CRITICAL TIMING ISSUES • Service of wine and 3.2 percent malt liquor will be allowed only during the specified time of 6:00 p.m. to 9:00 p.m. on November 10, 2012. In addition, no other intoxicating liquor beverages will be permitted. C. FINANCIAL • The required license fees have been received. D. LEGAL • The required proof of liquor liability insurance coverage has been submitted showing The Catholic Mutual Relief Society affording the coverage. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Deny the request for a Temporary On-Sale Intoxicating Liquor license for the Church of St. Richard. This would mean that the applicant would not be able to serve wine or 3.2 percent malt liquor. However, the Public Safety Department has not found any basis for a denial. In addition, the Council has previously granted licenses to the applicant for similar events. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • The Church of St. Richard's staff has been notified of the date of this meeting. AGENDA SECTION: PROP. ORD. AGENDA ITEM# 6 REPORT# 187 STAFF REPORT RICHFIELD CITY COUNCIL MEETING OCTOBER 23, 2012 REPORT PREPARED BY: PAM DMYTRENKO ASSISTANT CITY MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 4040 IGNATURE/ REVIEWED BY CITY y MANAGER: isI ITEM FOR COUNCIL CONSIDERATION: Second reading consideration of amendment to the City Administrative Code Chapter III, Section 310 (Administrative; human resources). I. RECOMMENDED ACTION: By Motion: Approve the second reading of the proposed ordinance amendment to the City Administrative Code Chapter III, Section 310, repealing certain provisions. II. BACKGROUND City Administrative Code, Chapter III, Section 310 contains the administrative and human resources policies governing employment with the City of Richfield. For example, this section includes detailed provisions relating to hiring, compensation, benefits and leave, and discipline practices relating to City employees. The City's staff also maintains an Employee Handbook and other general policies that contain many of the same or similar provisions contained in Section 310 of the City's Administrative Code. Because of some duplication in the City's Code, employee handbook and general policies, as well as the need to frequently update administrative and human resources policies, staff believes it would be more efficient and effective to remove certain provisions from the Code and establish one set of policies governing City employment. For example this section of City Code currently contains outdated policy language on maternity leave. Maternity leave is now administered under the City's Family Medical Leave Policy, which is a federal guideline. 1023Repeal of adm code provisions 2nd read This approach will also assist the City Manager and his staff, who are responsible for administering human resources policies and making most employment-related decisions for the City. If the ordinance amendment is approved, an updated Employee Handbook will be issued to all regular full-time and part-time City employees. (A list of the new or updated personnel policies is attached to this report). The proposed ordinance would repeal several provisions in Section 310 of the administrative code that are either already covered by City policy or address issues where new policies can be created and easily administered by staff. The proposed ordinance would preserve those code provisions that staff believe are policy-related matters within the purview of the City Council and those that are required by law to be in ordinance form. (A list of personnel policies that staff is proposing be rescinded is attached to this report.) In preparation of these possible changes, staff researched other municipalities in the twin cities metro area who are charter cities and have administrative code. The municipalities included Bloomington, Brooklyn Park, Minnetonka, Robbinsdale, and Crystal. The review revealed that the City of Richfield's administrative code contained far more policy related items than the comparative cities. III. BASIS OF RECOMMENDATION A. POLICY • The proposed ordinance would repeal certain administrative and human resources code provisions that are already covered by City policy or can be administered more easily by City policy. Removing these provisions from the City code will allow more flexibility to staff to update policies governing city employment, which can often require frequent changes. • There is no significant substantive change in employee related provisions in transferring them from ordinance to policy. B. CRITICAL TIMING ISSUES • The first reading of the proposed ordinance amendment was held at the regular City Council meeting of October 9, 2012 and the second reading was scheduled for October 23, 2012. C. FINANCIAL • Removal of personnel policies from City ordinances will eliminate newspaper publication costs when changes are made to policies. D. LEGAL • Cities typically establish personnel rules and practices by ordinance or by policy manual (i.e. employee handbook). A policy is usually preferable to an ordinance because it allows for better flexibility in stating the terms, conditions, privileges and responsibilities of City employment. • Employees who are a member of an appropriate bargaining unit as provided by Minnesota Statues, chapter 179A, follow the language in the employee's respective labor contract. • The changes in placement from City Code to policy were reviewed by the City Attorney for accuracy and legality. E. ENVIRONMENTAL CONSIDERATIONS • None. IV. ALTERNATIVE RECOMMENDATION(S) • Do not amend the ordinance and take no further action. • Defer discussion to another date. V. ATTACHMENTS • Proposed ordinance repealing city administrative code provisions. • List of new and updated personnel policies • List of personnel policies to rescind VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. ORDINANCE NO. �' l AN ORDINANCE REPEALING CERTAIN PROVISIONS IN SECTION 310 (ADMINISTRATIVE AND HUMAN RESOURCES) OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Section 310 of the Richfield Administrative City Code is amended by repealing the following: Subsection 310.01, subd. 2(b), subd. 3 and subd. 4; Subsection 310.03, subdivisions 2, 3, 7, 9, 12, 13, 17, 18, 19, 20, 25, 26, 27, 29, 30, 32, 33, 34, 36, 37, 38, 39, 41, and 42; Subsection 310.05; Subsection 310.07, subdivisions 1, 2, 3, and 4; Subsection 310.09, subdivisions 2, 3, 4, 6, and 7; Subsection 310.11; Subsection 310.13; Subsection 310.15; Subsection 310.17, subdivisions 2, 3, 4, 5, and 6; Subsection 310.19, subdivisions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16; Subsection 310.21; Subsection 310.25; Subsection 310.27; Subsection 310.29; Subsection 310.31; Subsection 310.33; Subsection 310.35; Subsection 310.37; Subsection 310.39; Subsection 310.41; Subsection 310.43; Subsection 310.45; Subsection 310.47; Subsection 310.49; Subsection 310.51; Subsection 310.53; and, Subsection 310.55. Section 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 9r Staff is proposing the following provisions be repealed from Section 310 of the City's Administrative Code: 1. Subsection 310.03 - repeal those definitions that are no longer needed due to the amendments 2. Subsection 310.05 - Position classification plan, relating to the establishment and administration of the plan by the city manager 3. Subsection 310.07, subds. 1 - 4 - Selection policies, relating to recruitment and selection of employees to fill vacancies (retaining background investigation provisions which are required by ordinance) 4. Subsection 310.11 - Residency requirement for police and fire personnel 5. Subsection 310.13 -Appointment and placement of relatives in city employment 6. Subsection 310.15 - Probationary periods for new and transferred employees 7. Subsections 310.17, subds. 2 - 6 and 310.19 - Compensation Plan (retaining subdivision 1 in each subsection relating to the establishment and administration of the plan) 8. Subsection 310.21 - Overtime pay and compensatory time off 9. Subsection 310.25 - Employee training 10. Subsection 310.27 - Performance evaluations 11. Subsection 310.29 -Attendance and leaves 12. Subsection 310.31 - Holidays, relating to eligibility and administration of holiday leave 13. Subsection 310.33 -Vacation leave 14. Subsection 310.35 - Sick leave 15. Subsection 310.37 - Personal leave 16. Subsection 310.39 - Other leaves, relating to jury duty, military service, maternity leave, leave of absence without pay, and bereavement leave 17. Subsection 310.41 - Discipline 18. Subsection 310.43 - Termination from employment, relating to resignation, lay offs, and termination of project employees 19. Subsection 310.45 - Retirement age 20. Subsection 310.47 -Appeals and hearings, relating to process for employee grievances 21. Subsection 310.49 - Incompatible activities, relating to activities that are in conflict with an employee's duties as a city employee 22. Subsection 310.51 - Political activities of employees 23. Subsection 310.53 - Outside employment of employees 24. Subsection 310.55 - Police Officers and fire fighters; PERA membership New Personnel Policies Created from Administrative Code Language W' 1. Classification Plan 2. Employment of Relatives 3. Attendance and Leaves 4. Compensation 5. Termination 6. Performance Evaluations Updated Personnel Policies which include Administrative Code Language 1. Recruitment Procedures 2. Probationary Performance Evaluation 3. Overtime 4. Holidays 5. Discipline Rescinded Personnel Policies 1. Applications 2. Compensation — City Designated Payday 3. Compensatory Time 4. Leave - Maternity 5. Overtime 6. Overtime/Compensation for Exempt GS Positions AGENDA SECTION: RESOLUTION AGENDA ITEM# 7 REPORT# 188 STAFF REPORT RICHFIELD' CITY COUNCIL MEETING OCTOBER 23, 2012 REPORT PREPARED BY: STEVEN L. D VICH, CITY MANAGER rNAME, TITLE REVIEWED BY CITY MANAGER: , F, `�� EMS �/ ITEM FOR COUNCIL CONSIDERATION: Consideration of adoption of a resolution supporting Richfield Public School District 280 Levy Referenda. I. RECOMMENDED ACTION: By Motion: Adoption of a resolution supporting Richfield Public School District 280 Levy Referenda. II. BACKGROUND The levy referendum in the amount of$301 per pupil that was adopted by voters in 2002 is expiring. In addition General Education Aid from the state of Minnesota has not kept pace with inflation necessitating $5.4 million in expenditure reductions since the 2005-6 school year. In order to address those financial shortfalls, School District 280 is seeking voter approval of two levy referenda, one for the continuation of the $301 per pupil first approved in 2002 and a second levy for an additional $60 per pupil to address some of the inflationary costs that have not been covered in through general Education Aid payments from the state. A group of concerned citizens identified as the CQC or Citizens for a Quality Community spoke before the City Council at the October 9 meeting and urged the City Council to adopt a resolution of support of both referenda. The CQC believes that the passage of both referenda questions is essential to the continuation of a strong school system and future of the community. This resolution is now before the City Council for consideration. 1023School III. BASIS OF RECOMMENDATION A. POLICY • The City and school district share in the common interest of maintaining a strong viable community. • The City has supported past school referenda. B. CRITICAL TIMING ISSUES • The election for voter consideration of the referenda will occur on November 6, 2012. Therefore this is the only regular City Council meeting date before the election to consider this resolution. C. FINANCIAL • There is no direct financial impact to the City in this matter. D. LEGAL • The City Council has the legal authority to adopt such a resolution of support if it chooses. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • Do not adopt the attached resolution. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • No one I-1 RESOLUTION NO. RESOLUTION SUPPORTING RICHFIELD PUBLIC SCHOOL DISTRICT 280 LEVY REFERENDA WHEREAS, the levy referendum in the amount of$301 per pupil that was approved by voters in 2002 is expiring; and WHEREAS, general education aid from the state has not kept pace with inflation necessitating $5.4 million in expenditure reductions since the 2005-6 school year; and WHEREAS, a successful passage of the levy renewal and additional levy request will enable the district to minimize the impact of anticipated expenditure reductions in the coming years while maintaining current key educational programs; and WHEREAS, successful passage of both levy referendums will help support and challenge Richfield students and increase student achievement consistent with community expectations; and WHEREAS, the City Council is open to and supportive of all avenues of cooperation and collaboration with the Richfield schools; and WHEREAS, the City Council understands the necessity of a strong school system in order to attract and keep families thereby assuring the future of our community. NOW, THEREFORE, BE IT RESOLVED that this Richfield City Council supports both the November 6, 2012 operating levy referenda for Richfield School District 280 and encourages residents to vote yes on both ballot questions. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of October, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: OTHER BUS. AGENDA ITEM# 8 REPORT# 189 STAFF REPORT RICHFIELD CITY COUNCIL MEETING OCTOBER 23, 2012 REPORT PREPARED BY: C A. HOLZ, EXEC. COORDINATOR NAM 1, REVIEWED BY CITY �� • MANAGER: n /� 4/ l ITEM FOR COUNCIL CONSIDERATION: Consideration of appointments to fill youth terms on City advisory commissions. I. RECOMMENDED ACTION: By Motion: Approve the appointments to fill the youth terms on the City's advisory commissions. II. BACKGROUND The Advisory Board of Health, Human Rights Commission and Friendship City Commission have youth term vacancies. Advertisements were placed in the Richfield Sun, on the Cable TV Community Bulletin Board, and the City's Website. Notices were also sent to Richfield High School, Academy of Holy Angels and local churches. Terms are effective upon appointment through August 31, 2013. Applicants were interviewed at a Special City Council meeting on October 23, 2012. III. BASIS OF RECOMMENDATION A. POLICY • The City advisory commissions were established by City ordinance or resolution. • The Mayor directs the City Manager's office to conduct an annual recruitment seeking applicants to fill expiring terms. 1023 commission • Interviews of the applicants were conducted at a Special City Council meeting. The meetings were posted in accordance with the open meeting law requirements. B. CRITICAL TIMING ISSUES • Applicants were interviewed at a Special City Council meeting on October 23, 2012. • Terms are effective upon appointment through August 31, 2013. C. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • Defer appointments to another Council meeting. V. ATTACHMENTS • Vacancy list. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 10/15/1210/15/12 COMMISSION VACANCIES YOUTH APPOINTMENTS ADVISORY BOARD OF HEALTH — 1 vacancy (youth) August 31, 2013 FRIENDSHIP CITY COMMISSION —2 vacancies (youth) August 31, 2013 (youth) August 31, 2013 HUMAN RIGHTS COMMISSION — 2 vacancies (youth) August 31, 2013 (youth) August 31, 2013 9/14/09 AGENDA SECTION: OTHER BUS. AGENDA ITEM# 9 REPORT# 190 STAFF REPORT RICHFIELD CITY COUNCIL MEETING OCTOBER 23, 2012 REPORT PREPARED BY: C • KRUMHOLZ, EXEC. COORDINATOR. NAM I LE REVIEWED BY CITY MANAGER: ITA 4 ./ ITEM FOR COUNCIL CONSIDERATION: Consideration of the City Council's confirmation of the Mayor's appointment of an Housing and Redevelopment Authority (HRA) Commissioner. I. RECOMMENDED ACTION: By motion: Confirm the Mayor's appointment of an HRA Commissioner for a five year term commencing October 23, 2012 and expiring October 23, 2017 or until such later date as a successor is appointed and qualified. II. BACKGROUND HRA Commissioner Doris Rubenstein was appointed to a five-year term on November 13, 2007. Commissioner Rubenstein's term is due to expire in October 2012. To ensure a quorum at future HRA meetings, the City Council should make an appointment at their October 23, 2012 meeting. III. BASIS OF RECOMMENDATION A. POLICY • Under State law, the Mayor appoints HRA Commissioners subject to confirmation of the City Council. The Mayor has indicated an appointment will be made to the HRA for a five-year term at the October 23, 2012 City Council meeting. B. CRITICAL TIMING ISSUES • To ensure a quorum at future meetings, the City Council should take action on this item on October 23, 2012. 1023HRA C. LEGAL • None A. ENVIRONMENTAL CONSIDERATIONS • NA IV. ALTERNATIVE RECOMMENDATION(S) • The City Council could decide not to confirm the Mayor's appointment. • If the City Council does not approve the Mayor's appointment, a quorum may not be present at future HRA meetings. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None.