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042313completeagenda CITY OF RICHFIELD, MINNESOTA • TUESDAY, APRIL 23, 2013 SPECIAL CITY COUNCIL MEETING BABCOCK ROOM 5:45 P.M. AGENDA Call to order Roll call 1. Interview of person interested in serving on City advisory commission (Council Memo No. 29) Notes: Adjournment SPECIAL CITY COUNCIL WORKSESSION BARTHOLOMEW ROOM 6:00 P.M. AGENDA Call to order Roll call 1. Discussion regarding Ice Arena Improvements (Council Memo No. 31) 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 the minutes of the (1) Special Concurrent City Council and Richfield School Board Worksession of April 1, 2013; (2) Special Concurrent City Council and Planning Commission Worksession of April 9, 2013; and (3) Regular City Council Meeting of April 9, 2013 PRESENTATIONS 1. Presentation by Hennepin County Medical Center honoring Fire and Police responders that saved Paramedic Wayne Schneider's life in December 2012 2. Presentation regarding Relay for Life 3. Presentation regarding South Suburban Hub 4. Presentation by Richfield Fourth of July Committee 5. Presentation regarding Unity in the Community event on May 16, 2013 6. Annual meeting with the Advisory Board of Health 7. Presentation to City Attorney Corrine Heine COUNCIL DISCUSSION 8. Council discussion • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 9. Council approval of the agenda CONSENT CALENDAR 10.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 continuing the public hearing to consider plat approval for 6330, 6400 and 6430 Lyndale Avenue (the former Lyndale Garden Center and adjacent property to the north) to May 28, 2013 S.R. No. 70 B. Consideration of approval of a joint powers agreement between the City of Richfield and City of Edina for building and plumbing inspection services S.R. No. 71 C. Consideration of approval of the first reading of the Charter Commission recommendations to amend several sections of the Richfield City Charter and scheduling the public hearing and second reading for May 28, 2013 S.R. No. 72 D. Consideration of approval of a resolution authorizing the agreement for the purchase of a property located 6301 Bloomington Avenue for the Taft Park— Richfield Parkway Connection Project S.R. No. 73 E. Consideration of approval of the revisions to the West Connection and East Connection Bicycle Route Plans as recommended by the Transportation Commission S.R. No. 74 F. Consideration of approval of the rejection of all bids submitted for the renovation of Fire Station 2 S.R. No. 75 Notes: 11.Consideration of item(s), if any, removed from Consent Calendar Notes: OTHER BUSINESS 12.Consideration of the Richfield Recreation Services Healthy Food and Beverage Policy for all City owned park and recreation concession facilities Staff Report No. 76 Notes: 13.Consideration of an appointment to a City advisory commission Staff Report No. 77 Notes: CITY MANAGER'S REPORT 14.City Manager's Report Notes: 15.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: 1 6.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 April 18, 2013 Council Memorandum No. 29 The Honorable Mayor and Members of the City Council City of Richfield Subject: Advisory Commission Interview (Agenda Item No. 1) Council Members: In January 2013, the City Council made several appointments to the various City advisory commissions. However, some vacancies remained. Applications continue to be accepted. The attached application was received and the Mayor requested an interview be scheduled. The City Council is scheduled to interview the applicant on Tuesday, April 23, 2013 at 5:45 p.m. in the Babcock Room. Approval of appointment is scheduled for the April 23, 2013 Regular City Council meeting. Please contact me if you have any questions. R- oectfuJy ,. submitted, LA :fe �evIc"� City Manager SLD:cak Attachments E-mail: Department Directors w/partial attachments Assistant City Manager w/partial attachments 1:20 PM 04/16/13 COMMISSION VACANCIES Term Expires ADVISORY BOARD OF HEALTH January 31, 2015 January 31, 2015 ARTS COMMISSION January 31, 2014 January 31, 2014 January 31, 2015 January 31, 2015 January 31, 2016 January 31, 2016 January 31, 2016 FRIENDSHIP CITY COMMISSION January 31, 2014 January 31, 2014 January 31, 2015 January 31, 2015 January 31, 2015 January 31, 2016 HUMAN RIGHTS COMMISSION January 31, 2014 Vacancies2011 CITY OF RICHFIELD, MINNESOTA Office of City Manager April 18, 2013 Council Memorandum No. 31 The Honorable Mayor and Members of the City Council Subject: Ice Arena Improvements (Worksession Agenda Item No. 1) Council Members: Richfield will soon become home to the Metro Area's new and only North American Hockey League Tier II Junior A Team, the Minnesota Magicians. The team will bring recognition to Richfield and will help the Ice Arena continue to prosper. Staff has prepared a proposal for a number of Arena improvements to accommodate the Team, including a funding plan. The Academy of Holy Angels is also interested in participating with the possible addition of dedicated locker rooms. A presentation will be given to the City Council at the Study Session scheduled on April 23, 2013, 6:00 p.m. at the Richfield Municipal Center. People expected to attend are Linda Slocum, State Representative, Scott Meyers, Minnesota Magicians Owner, and Tom Shipley, Academy of Holy Angels President. esp z tfullypubmitted, _ -v-n L. Devi, ' City/Manager SLD:cak Email: Department Directors Assistant City Manager CITY COUNCIL MINUTES Richfield, Minnesota �c qieed Special Concurrent City Council/ Richfield School Board Worksession April 1, 2013 CALL TO ORDER The meeting was called to order by School Board Chair Easterwood at 6:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Pat Elliott; Edwina Garcia; Sue Sandahl; and Tom Fitzhenry. Staff Present: Pam Dmytrenko, Acting City Manager; Mike Eastling, Public Works Director; Bill Fillmore, Municipal Liquor Operations Director; Todd Sandell, Public Safety Director; Mike Dobesh, Acting Fire Services Director; Melissa Poehlman, Acting Community Development Director; Karen Schragg, Acting Recreation Services Director; and Theresa Schyma, Deputy City Clerk. School Board John Easterwood, Chair; David Lamberger; Todd Nollenberger; Deb Members Present: Etienne; Sandy Belkengren; and John Ashmead. School District Robert Slotterback, Superintendent; Michael Schwartz, Business Manager; Staff Present: and Pat Vaughan, Executive Secretary. Item # 1 DISCUSSION TOPICS The City Council and School Board discussed the following topics: • Community outreach—engaging the minority community • The next referendum • Classroom ratios —teacher to pupil • Teen pregnancy • Budget • do.Town • Code Red ADJOURNMENT The meeting was adjourned by unanimous consent at 6:58 p.m. Special Worksession Minutes -2- April 1, 2013 Date Approved: April 23, 2013 Debbie Goettel Mayor Theresa Schyma Pam Dmytrenko Deputy City Clerk Acting City Manager CITY COUNCIL MINUTES Richfield, Minnesota 46 # Special Concurrent City Council And Planning Commission Worksession April 9, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:16 p.m. in the Bartholomew Conference Room. ROLL CALL Council Members Debbie Goettel, Mayor; Pat Elliott; Edwina Garcia; Sue Sandahl; and Tom Present: Fitzhenry. Planning Members Rick Jabs, Chair; Susan Rosenberg; Tom Rublein; and Gordon Vizecky. Present: Planning Members Daniel Kitzberger; Joshua Root; and Dennis Schuller. Absent: Staff Present:: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Melissa Poehlman, City Planner; and Cheryl Krumholz; Executive Coordinator. Item # 1 PRESENTATION BY RICHFIELD BLOOMINGTON HONDA REPRESENATIVES REGARDING THE PRELIMINARY CONCEPT PLANS FOR THE REDEVELOPMENT OF THE EXISTING HONDA SITE AND ADJACENT PROPERTIES Tim Carter, Richfield Bloomington Honda; Jeff Wood, owner; John Oney, architect; and Barry Wagner, project manager, discussed the proposed preliminary site plan for the auto campus, including lighting sensitivity, hours of operation, green space, etc. Community Development Director Stark explained that not all planning and zoning requirements will be met but the developer and staff are working together on these issues. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:57 p.m. Special Worksession Minutes -2- April 9, 2013 Date Approved: April 23, 2013 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota geC*Ced Regular Meeting April 9, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:03 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Tom Fitzhenry; Edwina Garcia. and Pat Elliott Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; Mike Eastling, Public Works Director; Corrine Heine, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM None. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Garcia, S/Fitzhenry to approve the minutes of Regular City Council Meeting of March 26, 2013. Motion carried 5-0. Item #1 Presentation by MIRA (Modulo de Informacion, Recursos y Apoyo) MIRA representatives presented `Celebrating 10 Years of Service to the Richfield Community'. MIRA requested a three-year extended service agreement to assist with their planning. Council Meeting Minutes -2- April 9,2013 Mayor Goettel stated the funding could be a future City Council Worksession discussion. Item #2 PRESENTATION OF A PROCLAMATION DESIGNATING APRIL 22, 2013 AS EARTH DAY AND MAY AS ARBOR MONTH Mayor Goettel presented the proclamation to Recreation Services Director Topitzhofer. Item #3 PRESENTATION AND CONSIDERATION OF THE LAKES AT LYNDALE CONNECTIVITY PLAN S.R. NO. 63 Ms. Nelson, SEH representative, presented the connectivity plan. M/Sandahl, S/Goettel to approve the Lakes at Lyndale Connectivity Plan. Motion carried 5-0. Item #4 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Garcia announced the Community Wellness Expo "Go Lean, Go Green" on April 13, 2013 at the Richfield High School. Council Member Sandahl announced the Commuter Challenge sponsored by the 494 Corridor Commission. Council Member Fitzhenry provided an update on airport issues. Mayor Goettel reported on the proposed Richfield Bloomington Honda redevelopment project which was discussed at the earlier City Council Worksession. Item #5 COUNCIL APPROVAL OF AGENDA M/Sandhal, S/Fitzhenry to approve the agenda. Motion carried 5-0. Item #6 CONSENT CALENDAR A. Consideration of approval of hiring Maenke Brothers Outdoor Inc. to provide landscape maintenance for the following areas: LHN Maintenance District, 77th Street Maintenance District, and 35W&66th Street bridge area S.R. No. 64 B. Consideration of approval of a resolution authorizing the City Manager to approve addenda to purchase agreements for the Richfield Parkway Improvement Project S.R. No. 65 RESOLUTION NO. 10781 RESOLUTION AUTHORIZING CITY MANAGER TO APPROVE ADDENDA TO PURCHASE AGREEMENTS FOR THE RICHFIELD PARKWAY IMPROVEMENT PROJECT Council Meeting Minutes -3- April 9,2013 This resolution appears as Resolution No. 10781. C. Consideration of approval of a resolution granting a subdivision waiver for 7340 Clinton Avenue S.R. No. 66 RESOLUTION NO. 10782 RESOLUTION AUTHORIZING A SUBDIVISION WAIVER 7340 CLINTON AVENUE This resolution appears as Resolution No. 10782. D. Consideration of approval of the request for a temporary on-sale intoxicating liquor license for Blessed Trinity Catholic School, 6720 Nicollet Avenue, for their Fiesta scheduled on April 28, 2013 S.R. No. 67 M/Goettel, S/Elliott to approve the Consent Calendar. Motion carried 5-0. Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #8 PUBLIC HEARING AND SECOND READING OF A TRANSITORY ORDINANCE FOR THE TAFT LAKE WATER QUALITY IMPROVEMENT PROJECT AUTHORIZING ENGINEERING SERVICES AT AN ESTIMATED COST OF $225,000 AND CONSTRUCTION AT AN ESTIMATED COST OF $3,000,000 AND CONSIDERATION OF A RESOLUTION FOR SUMMARY PUBLICATION OF THE TRANSITORY ORDINANCE S.R. NO. 68 Council Member Elliott presented Staff Report No. 68. M/Fitzhenry, S/Sandahl to close the public hearing. Motion carried 5-0. M/Elliott; S/Goettel that this constitutes the second reading of Bill No. 2013-5, Transitory Ordinance No. 18.88 for the Taft Lake Water Quality Improvement Proiect authorizing engineering services at an estimated cost of$225,000 and construction at an estimated cost of$3,000,000, that it be published in the official newspaper, and that it be made part of these minutes, and that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10783 RESOLUTION APPROVING SUMMARY PUBLICATION OF A TRANSITORY ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT FOR THE TAFT LAKE WATER QUALITY IMPROVEMENT PROJECT PURSUAINT TO RICHFIELD CITY CHARTER SECTION 8.04 Motion carried 5-0. This resolution appears as Resolution No. 10783. Item #9 CONSIDERATION OF THE CREATION OF A "CROSSTOWN GATEWAY PROJECT" TASK FORCE AS RECOMMENDED BY THE TRANSPORTATION COMMISSION S.R. NO. 69 Council Member Sandahl presented Staff Report No. 69. Council Meeting Minutes -4- April 9,2013 Public Works Director Eastling stated the gateways would require low maintenance and be performed by staff. Mayor Goettel suggested two members from the Richfield Garden Club be included in the membership. She also suggested an 'Adopt-A-Gateway' program similar to the City's current 'Adopt-A-Park' program M/Sandahl; S/Fitzhenry to approve the creation of a "Crosstown Gateway Proiect" Task Force. Motion carried 5-0. Item #10 CITY MANAGER'S REPORT Public Works Director Eastling discussed the legislation to allow cities to create street improvement districts. M/Sandahl, S/Fitzhenry to support the legislation allowing street improvement districts. Motion carried 5-0. Item 11 CLAIMS AND PAYROLLS M/Elliott, S/Fitzhenry that the following claims and payrolls be approved: U.S. Bank 04/09/13 A/P Checks: 220886-221213 $ 1,030,894.68 Payroll: 91416 - 91736 $ 546,985.31 TOTAL $ 1,577,879.99 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 7:57 p.m. Date Approved: April 23, 2013 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 10A REPORT# 70 STAFF REPORT RICHFIELD CITY COUNCIL MEETING APRIL 23, 2013 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER E,TITLE , ACTING DEPARTMENT raw. 4w 447 DIRECTOR REVIEW: P:�iI1� / 1 REVIEWED BY CITY C / MANAGER: ITEM FOR COUNCIL CONSIDERATION: Continue the public hearing to consider a plat for 6330, 6400 and 6430 Lyndale Avenue (the former Lyndale Gardens Center and adjacent commercial property to the north). I. RECOMMENDED ACTION: By Motion: Continue the public hearing to consider plat approval for 6330, 6400 and 6430 Lyndale Avenue (the former Lyndale Gardens Center and adjacent commercial property to the north) to May 28, 2013. II. BACKGROUND The applicant has requested that the public hearing be postponed. III. BASIS OF RECOMMENDATION A. POLICY • All plats of land must be approved by the City Council. B. CRITICAL TIMING ISSUES • The City has 120 days to issue a decision regarding a plat once a complete application has been received. A complete application has not been received. 04232013 Continue Plat Lyndale Gardens.docx C. FINANCIAL • The required application processing fee has been paid. D. LEGAL • Notice of this public hearing has been published in the Sun Current Newspaper in accordance with notification requirements. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • N/A V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: CONSENT AGENDA ITEM# 10B REPORT# 71 analligl STAFF REPORT RICHFIELD CITY COUNCIL MEETING APRIL 23, 2013 REPORT PREPARED BY: RICK REGNIER, CHIEF BUILDING OFFICIAL NAME,TITLE DEPARTMENT DIRECTOR Er REVIEW: �'G;ice / o SIGNATURE REVIEWED BY CITY -- MANAGER: Al _ , ITEM FOR COUNCIL CONSIDERATION: Consideration of a Joint Powers Agreement between the City of Richfield and the City of Edina for building and plumbing inspection services. I. RECOMMENDED ACTION: By Motion: Authorize the attached Joint Powers Agreement Between The City of Richfield and The City of Edina for building and plumbing inspection services. II. BACKGROUND The Joint Powers Agreement (Agreement) would allow the City of Richfield to utilize the City of Edina's Inspection staff and vice versa. This will allow the City of Richfield to better utilize staff and have additional inspectors available if needed due to an extended illness or similar situations. The inspectors would operate as employees of their respective city and use their own city's vehicle. III. BASIS OF RECOMMENDATION A. POLICY • It is the City's policy to enter into agreements with other communities when beneficial. This Agreement will allow the City to utilize Inspections staff from Edina as needed. 04232013 Joint Powers Agree B. CRITICAL TIMING ISSUES • With the busy construction season ahead, it would be beneficial to have the Agreement in place as soon as possible. The City of Edina approved the Agreement at their April 16th Council meeting. C. FINANCIAL • Inspection services will be billed at the rate of$56.00 per hour. D. LEGAL • The Agreement has been reviewed by the City of Richfield's legal counsel. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Do not approve the Joint Powers Agreement between The City of Richfield and The City of Edina. V. ATTACHMENTS • Joint Powers Agreement between The City of Richfield and The City of Edina. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None JOINT POWERS AGREEMENT BETWEEN THE CITY OF RICHFIELD, AND THE CITY OF EDINA THIS AGREEMENT ("Agreement") is entered into this 21 day of March 2013 by and between the CITY OF RICHFIELD, a Minnesota municipal corporation ("Richfield") and the CITY OF EDINA, a Minnesota municipal corporation ("Edina"), hereinafter collectively referred to as the"Cities." RECITALS WHEREAS, Minnesota Statutes § 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting cities; and WHEREAS,the City of Richfield and the City of Edina each employs building and plumbing inspectors on staff; and WHEREAS, Edina and Richfield desire to make available to the other city certain building and plumbing inspection services on a contract basis, upon request of one of the parties (the "Requesting City") and the availability of staff for the other party (the "Responding City"). NOW, THEREFORE, Edina and Richfield agree as follows: 1. BUILDING AND PLUMBING INSPECTION SERVICES. Upon request of a Requesting City, the Responding City will provide, if it has adequate staff available, (a) a Minnesota certified building official to review building and related permit applications, conduct necessary inspections, or (b) a Minnesota licensed master plumber to conduct necessary inspections for plumbing and mechanical permits, and (c), in either case, the building official or master plumber (the "Inspector") will ensure that the requirements of the State Building Code as well as all applicable State and Federal laws, rules, and regulations are met, and will issue permits consistent with the Requesting City's ordinances. 2. EMPLOYEE STATUS. The employees who provide inspection services to a Requesting City shall remain employees of the Responding City and shall not be deemed employees of the Requesting City for any purpose. Each city shall maintain liability and errors and omissions insurance on its building and plumbing inspection employees at all times in amounts not less than the tort liability limitations set out in Minn. Stat. 466.04, and shall maintain all required workers' compensation insurance on such employees. 3. INDEMNIFICATION. Each city shall be liable for its own acts and the results thereof to the extent provided by law and agrees to defend, indemnify and hold harmless each other (including their officials, employees, volunteers and agents), from any liability, claims, causes of action,judgments, damages, losses, costs or expenses, including reasonable attorney's 1 419586v2 CAH RC160-3 fees, resulting directly or indirectly from any act or omission of the party, anyone directly or indirectly employed by it, and/or anyone for whose acts and/or omissions it may be liable, in the performance or failure to perform its obligations under this Agreement. Each city's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision la and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1(a). a. Each city warrants that it has purchased insurance or has a self-insurance program. b. Duty to Notify. Each city shall promptly notify the other of any claim, action, cause of action or litigation brought against the party, its employees, officers, agents or subcontractors, which arises out of the services contained in this Agreement and should also notify the other city whenever the notifying city has a reasonable basis for believing that the notifying city, and/or its employees, officers, agents or subcontractors, and/or the other city might become the subject of a claim, action, cause of action or litigation arising out of the services contained in the Agreement. 4. PAYMENT FOR SERVICES. The Requesting City shall pay the Responding City for inspection services at the rate of$56.00 per hour. The Responding City shall invoice the Requesting City monthly for services rendered and the Requesting City shall pay the invoices within thirty-five (35) days of receipt of an invoice. 5. TERM. This Agreement is for an indefinite term but may be terminated by either party upon sixty (60) days written notice to the other party. 6. DOCUMENTS. All documents relating to building and plumbing inspections in the Requesting City, including electronic data prepared under this Agreement, shall be the property of the Requesting City and will be collected and maintained in a manner as deemed appropriate by the Requesting City consistent with its records retention schedule. When not using the Requesting City's property files in the field, the Inspector shall store all files related to building, plumbing or mechanical permits issued by the Requesting City at the Requesting City's City Hall. 7. MINNESOTA GOVERNMENT DATA PRACTICES ACT (Minn. Stat. Chap.13 and related statutes). All data collected, created, received, maintained, or disseminated, in any form, for any purposes because of this Agreement is governed by the Minnesota Government Data Practices Act (Minn.Stat.Chap.13 and related statutes), as amended, the Minnesota Rules implementing such Act, as amended, as well as any applicable Federal Regulations on data privacy ("Data Privacy Laws"). The parties each agree to comply with all applicable Data Privacy Laws. Each party agrees to notify the other of any data requests that the notifying party receives for data related to the notifying party's performance of this Agreement. 2 419586v2 CAH RC160-3 IbB-3 8. ENTIRE AGREEMENT. This Agreement supersedes any prior or contemporaneous representations or agreements, whether written or oral, between the parties and contains the entire agreement of the parties related to building inspection services. 9. AMENDMENTS. Any modification or amendment to this Agreement shall require a written agreement signed by all parties. 10. NOTICE. Any notice, statement or other written documents required to be given under this Agreement shall be considered served and received if delivered personally to the other party, or if deposited in the U.S. First Class mail, postage prepaid, as follows: a. Notice to: City of Richfield City Manager 6700 Portland Avenue Richfield, Minnesota 55423 b. Notice to: City of Edina City Manager 4801 W. 50th Street Edina, Minnesota 55424 CITY OF RICHFIELD By: Debbie Goettel, Its Mayor By: Steve Devich, Its City Manager Approved as to form and execution: Corrine Heine, City Attorney 3 419586v2 CAH RC160-3 5 —Li CITY OF EDIN• ` By: := James Hovland, Its Mayor ,'' /!/ f ; By: m.__ r Scott Ne`:l, `s ity Mari.ger 4 419586v2 CAH RC160-3 AGENDA SECTION: CONSENT AGENDA ITEM# 10C REPORT# 72 STAFF REPORT RICHFIELD CITY COUNCIL MEETING APRIL 23, 2013 REPORT PREPARED BY: CO r E HEINE, CITY ATTORNEY N'-i,''E,TITLE REVIEWED BY CITY MANAGER: % Agri .;i■rid. ■ITEM FOR COUNCIL CONSIDERATION: Consideration of the first reading of the Charter Commission recommendations to amend several sections of the Richfield City Charter and schedule the public hearing and second reading for May 28, 2013. I. RECOMMENDED ACTION: By Motion: Approve the first reading and schedule a public hearing and second reading for May 28, 2013 as to each of the attached Ordinances: • An Ordinance relating to municipal elections, amending Sections 4.01 and 4.07 of the Richfield City Charter • An Ordinance relating to city government, modifying and clarifying procedures for initiative referendum and recall; establishing penalties for specified election misconduct; amending Sections 3.09, 5.01, 5.04, 5.05, 5.06, 5.07, 5.08, 5.11, 5.12, 5.14, 5.15, 5.16, 5.17, 5.18, 5.19, and 5.20; repealing Section 5.02; and adding a new Section 5.22 to the Richfield City Charter • An Ordinance relating to city contracts; amending Section 6.05 of the Richfield City Charter; • An Ordinance relating to expenditure of public funds for public purposes; amending Section 7.01 of the Richfield City Charter; • An Ordinance relating to city contracts; amending Section 8.04 of the Richfield City Charter; clarifying capital improvement projects that require a public hearing; increasing monetary limits. 0423CharterAmendment II. BACKGROUND The Charter Commission has recommended that the City Council enact five amendments to the City Charter by ordinance. The recommended amendments are summarized below. Amendment to Sections 4.01 and 4.07 The proposed amendment to Section 4.01 eliminates the requirement that the city clerk post notice of the time and place for holding municipal elections in every precinct. State law only requires that the notice be posted in the clerk's office. Rather than require posting in each precinct, the section as amended would require posting in the city clerk's office and on the City's website, which still exceeds the requirements of state law. The amendment to Section 4.07 eliminates the requirement that the city clerk provide a copy of the ballots in the clerk's report for purposes of canvassing elections. That requirement is not deemed to be necessary and is not required by state law. Amendment to Chapter 5 and Section 3.09 The Charter Commission has recommended significant changes to Chapter 5. An annotated copy of the proposed ordinance is attached to this report, to explain the reason for each of the changes. In general, the changes are intended to make the charter easier to understand by using plain English, improve the form of petitions in order to facilitate the city clerk's obligation to determine the sufficiency of petitions, and add requirements and penalties in order to reduce the opportunity for fraud or misconduct in the circulation of petitions. The proposed amendment also amends provisions in Sections 5.01 and 3.09 of the Charter with respect to effective dates of ordinances. The amendment would allow any ordinances that by state law is not subject to referendum to become effective the day after publication rather than 30 days after publication. In instances where referendum is not allowed by law, the 30-day waiting period is unnecessary. Amendment to Section 6.05 The proposed amendment expands the scope of Section 6.05 to include all contracts and not only contracts for purchase of merchandise, materials and equipment and other specified contracts. The amendment gives the city manager the authority to approve any contract equal to or below the amount set in the Uniform Municipal Contracting Law for competitive bidding, and it requires City Council approval of any contract greater than that amount. (That amount is currently $100,000.) The amendment also removes the requirement for award of contracts to the lowest responsible bidder and requires that contracts be made in compliance with state law. That amendment allows the City to use best-value contracting and other means of contract letting that may be allowed by law in the future (such as design-build contracts). The Council retains the ability by ordinance or resolution to adopt additional regulations related to contracting. Amendment to Section 7.01 The proposed amendment provides that the City Council may adopt ordinances or resolutions that make findings concerning the public purpose of certain expenditures. This amendment is consistent with state court decisions concerning the constitutional limits on expenditures of public funds, and it is intended to city auditors in conducting audits. Amendment to Section 8.04 This amendment clarifies that properties either owned or leased by the City, not including street and utility rights of way, are subject to the limitation on approving capital improvement contracts. It also increases the "trigger" amounts of such contracts from $500,000 to $2,000,000 for construction contracts and from $75,000 to $250,000 for design and engineering contracts. The Charter Commission indicated that the existing amounts should be updated to reflect increased construction and design costs. The Commission also expressed an interest in possibly eliminating sections 8.04 and 8.05 in the future, if the City Council agrees that those provisions tend to duplicate the process for approving capital improvement budgets and cause unnecessary expense and administrative work. If the Council agrees, the Commission indicated that it may make a recommendation to that effect in the future. III. BASIS OF RECOMMENDATION A. POLICY • The City Charter is a fundamental governing document of the City. • The Charter Commission has recommended several amendments to: simplify and clarify language in the charter; improve the processes of initiative, referendum and recall; remove unnecessary provisions relating to canvass of elections; provide greater flexibility in awarding contracts, consistent with state law; clarify the council's authority to determine the public purpose served by expenditures; and update the charter to reflect current market conditions. B. CRITICAL TIMING ISSUES • State law requires that the City Council hold a public hearing if the Charter Commission recommends the City Council amend the charter by ordinance. The hearing must be held within one month of the City's receipt of the recommendation. The City received the recommendation on April 18, 2013. C. FINANCIAL • The ordinance method of adopting charter amendments is the only way to adopt a charter amendment without holding an election. Amending the charter by submitting the question to voters at an election is significantly more expensive that adoption by ordinance. D. LEGAL • The City Attorney drafted the proposed ordinances. • Once the public hearing is held, the Council must vote on the proposed amendment within one month after the public hearing is closed. • If an ordinance is approved by unanimous vote of all council members and the mayor and published as in the case of other ordinances, the charter amendment will become effective 90 days after publication, unless a referendum petition is filed within 60 days after publication. • If an ordinance is not approved, the Charter Commission may, or may not, petition to have the charter amended by the voters. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • None. The City Council is required by law to hold a public hearing on the charter amendment as proposed by the Charter Commission. V. ATTACHMENTS • Letter from Charter Commission • Ordinances VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A April 18, 2013 Mayor Debbie Goettel and Council Members City of Richfield 6700 Portland Avenue Richfield, MN 55423 RE: Richfield Charter Commission Recommendations Dear Mayor and Council Members: At a recent meeting of the Richfield Charter Commission, the Commission reviewed and approved the following proposed amendments to the Richfield City Charter: • An Ordinance relating to municipal elections, amending Sections 4.01 and 4.07 of the Richfield City Charter; • An Ordinance relating to city government,modifying and clarifying procedures for initiative referendum and recall; establishing penalties for specified election misconduct; amending Sections 3.09, 5.01, 5.04, 5.05, 5.06, 5.07, 5.08; 5.11,5.12, 5.14, 5.15, 5.16, 5.17, 5.18, 5.19, and 5.20; repealing Section 5.02; and adding a new Section 5.22 to the Richfield City Charter; • An Ordinance relating to city contracts; amending Section 6.05 of the Richfield City Charter; • An Ordinance relating to expenditure of public funds for public purposes; amending Section 7.01 of the Richfield City Charter; • An Ordinance relating to city contracts; amending Section 8.04 of the Richfield City Charter; clarifying capital improvement projects that require a public hearing; increasing monetary limits. This letter will serve as the Charter Commission's formal recommendation to the City Council to amend the City Charter by adoption of the enclosed ordinances. Yours truly, Kristal Stokes Charter Commission Secretary Enclosures 422399v1 CAM RC145•17 1DC- BILL NO. AN ORDINANCE RELATING TO MUNICIPAL ELECTIONS; AMENDING SECTIONS 4.01 AND 4.07 OF THE RICHFIELD CITY CHARTER THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of an Amendment to sections 4.01 and 4.07 of the charter and recommended to the City Council that the Amendment be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendment is set out in Sections 2.02 and 2.03 of this ordinance. 1.03. A public hearing on the Amendment was held on by the City Council after two weeks' published notice containing the text of the Amendment a s required by the Act. The notice contained a brief description of the nature and scope of the Amendment. All persons desiring to be heard with reference to the Amendment were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted. Section. 2 Adoption; effective date; filing. 2.01. The Amendment as proposed by the Charter Commission is adopted. 2.02. Section 4.01 of the Richfield City Charter is amended to read as follows: Section 4.01. The Regular Municipal Election. The regular municipal election shall be held on the first Tuesday after the first Monday in November of each even numbered year at such place or places as the City Council may designate. The City Clerk shall give at least two weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in the City Clerk's office and on the City website - -- e- - e - - .- - - -- - -- - - - - --•^ - and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. 2.03. Section 4.07 of the Richfield City Charter is amended to read as follows: 313696v2 MJM RC145-17 IUc-7 Section 4.07. Canvass of Elections. The Council must meet and canvass the election returns at the next regular or special Council meeting immediately following any regular, primary, or special election but in no event later than the time prescribed by state law, and must make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. This statement must include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the true correct vote for each candidate, with an indication of those who were elected or nominated; (d) a truc copy of the ballots used; (e) the names of the judges and clerks of election; and 44 Lel such other information as may seem pertinent. The City Clerk must forthwith promptly notify all persons elected or nominated of their election or nomination. In case of a tie vote, the Council must determine the result by lot. The City Clerk is the final custodian of the ballots. 2.04. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51% of the voters voting on the question of its adoption at the special election called by the Council for that purpose. 2.05. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this day of , 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 313696v2 MJM RC145-17 lb C- ` BILL NO. AN ORDINANCE RELATING TO CITY GOVERNMENT; MODIFYING AND CLARIFYING PROCEDURES FOR INITIATIVE, REFERENDUM AND RECALL; ESTABLISHING PENALTIES FOR SPECIFIED ELECTION MISCONDUCT; AMENDING SECTIONS 3.09, 5.01, 5.04, 5.05, 5.06, 5.07, 5.08, 5.11, 5.12, 5.14, 5.15, 5.16, 5.17, 5.18, 5.19, AND 5.20 OF THE RICHFIELD CITY CHARTER; REPEALING SECTION 5.02; AND ADDING A NEW SECTION 5.22 TO THE RICHFIELD CITY CHARTER THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of certain Amendments to Chapter 5 of the charter and has recommended to the City Council that the Amendments be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. 1.03. A public hearing on the Amendments was held on by the City Council after two weeks' published notice containing the text of the Amendments as required by the Act. The notice contained a brief description of the nature and scope of the Amendments. All persons desiring to be heard with reference to the Amendments were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendments be adopted. Section. 2 Adoption; effective date; filing. 2.01. The Amendments as proposed by the Charter Commission are adopted. 2.02. Section 5.01 of the Richfield City Charter is amended to read as follows: Section 5.01. Powers Reserved by the People. The people of Richfield reserve to themselves the powers of initiative, referendum and recall, to be exercised, in accordance with the provisions of this Charter;to • - - -e - - - - - - e.-.. • --, - - • - - - - - - - - - the RC145-17 1 226414v8 CAH RC145-17 called the initiative, referendum and recall, respectively. Initiative is the process for voters to propose and adopt an ordinance. Referendum is the process to require an ordinance passed by the council to be referred to the voters for approval or disapproval. Recall is the process for removing an elected public official from office. Initiative and referendum may not be used with an ordinance that appropriates money, authorizes the levy of taxes, or involves land use or zoning. 2.03. Section 5.02 of the Richfield City Charter is repealed. 2.04. Section 5.04 of the Richfield City Charter is amended to read as follows: Section 5.04. Initiation of Measures. Any five ten residents of the City who are registered voters may form themselves into a sponsoring committee for the initiation of any - e.'- '-" - - - e.' - ' -" - - - -- - • _ •- 1 - - - - • - - - - - - - an ordinance as permitted by section 5.01 of this Charter. Before circulating any petition they they-shall the committee must file an affidavit and its proposed petition a verificd copy of their with the City Clerk;. The affidavit must state that a committee has been formed, must contain, together with their the names and addresses as of the committee members of such committee . and must be signed by each member of the committee, whose signatures must be verified by a notary public. They shall The committee must also attach a verified copy of the proposed ordinance to each of the signature papers herein described, together with the committee members' names and addresses as sponsors thereof. The ordinance must relate to only one subject which is clearly expressed in the petition. Every circulator of a signature paper must be a resident of the state of Minnesota. 2.05. Section 5.05 of the Richfield City Charter is amended to read as follows: Section 5.05. Form of Petition and of Signature Papers. The petition for the adoption of any ordinance shall must consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such A petition shall is not be complete unless signed by a number of registered voters equal to at least five percent of the total number of registered voters at the time of the last regular municipal election. All the signatures need not be on one signature paper, but the circulator of every such signature paper shall must make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper shall must be in substantially the following form: RC145-17 2 226414v8 CAH RC145-17 Luc. - � INITIATIVE PETITION Proposing an ordinance to (Stating the Purpose of the Ordinance). A certified a copy of which the proposed ordinance is hereto attached. Sponsoring Committee' This ordinance is sponsored by the following committee of City of Richfield residents who are registered voters: Name Address 1. 2. 3. 4. 5. Instructions to Petition Signers You are being asked to sign a petition. You must be a resident of, and a registered voter in, the City of Richfield. Every person signing this petition must do so in the presence of the person circulating the petition. It is a criminal offense to sign a name other than your own to the petition or to accept compensation for signing your name to the petition. The undersigned registered voters, understanding the terms and nature of the ordinance attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the voters for their approval. Date Legal Signature Name (print legibly) Address (print legibly) 1. 2. 3. RC145-17 3 226414v8 CAH RC145-17 I cC- (At the end of the list of signatures shall be appended the The affidavit of the circulator must be attached at the end of each signature paper.) 2.06. Section 5.06 of the Richfield City Charter is amended to read as follows: Section 5.06. Filing of Petition and Action Thereon. All the signature papers shall must be filed in the office of the City Clerk as one instrument. Within five (5) ten (10) working days after the filing of that petition, the City Clerk shall must ascertain by examination, the number of registered voters in the City whose signatures are appended thereto attached and whether this number is at least five percent (5%) of the total number of registered voters at the time of the last regular municipal election. The validity of the signatures must be judged as of the day the petition was filed. If the City Clerk finds the petition is-found to be insufficient or irregular, the City Clerk shall must at once notify one or more of the sponsoring committee of that fact, certifying the reasons for the finding. The committee shall then be given thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, it-shall-be-filed by the City Clerk shall file the petition in the City Clerk's office and notify each member of the committee shall-be-notify of that fact by the City Clerk. The final finding of the insufficiency or irregularity of a petition shall does not prejudice the filing of a new petition for the same purpose, nor shall does it prevent the Council from referring the ordinance to the voters at the next regular or special election at its option. 2.07. Section 5.07 of the Richfield City Charter is amended to read as follows: Section 5.07. Action of Council on Petition. When the petition is found to be sufficient, the City Clerk shall must so certify to the Council at its next meeting, stating the number of ti pet�z oners valid signatures on the petition and the percentage of the total number of registered voters at the time of the last regular municipal election which they constitute,--and the. The Council shall at once read the ordinance and may refer it to an appropriate committee. The committee or Council must hold a public hearings hearing upon the ordinanc-, - • - •- - e.'- - • - •- ordinanse-shall be finally actcd upon by the Council. After the public hearing, but not later than sixty-five (65) days after the City Clerk date-upon submitted the ordinance to the Council by-the-Clerk, the Council must take final action on the ordinance. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition and unsatisfactory to the sponsors, the proposed ordinance shall must be submitted by the Council to a vote at the next regular municipal election, but if the numbers of the signers of number of valid signatures on RC145-17 4 226414v8 CAH RC145-17 the petition is equal to at least fifteen percent (15%) of the total number of registered voters at the time of the last regular municipal election, the Council shall must call a special election upon the measure. Such special election shall must be held in accordance with the requirements of state law, but not less than thirty (30) nor more than forty five (45) sixty (60) days from date of final action on the ordinance by the Council or, if there has been no final action, from after the expiration of sixty-five (65) days from the date of submission to the Council - -- •- - - ---• - - - - : •; but if a regular election is to occur within three months, the Council may must submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the sponsoring committee do not express their dissatisfaction with such amended form by a statement filed with the City Clerk, within ten (10) days of the passage thereof by the Council, the ordinance need not be submitted to the voters. 2.08. Section 5.08 of the Richfield City Charter is amended to read as follows: Section 5.08. Initiative Ballots. The ballots used when voting upon any such proposed ordinance shall must state the substance of the ordinance and shall must give the voters the opportunity to vote either "yes" or "no" on the question of adoption. If a majority of the votes on any such ordinance are in favor of it, it becomes an ordinance of the City. Any number of proposed ordinances may be voted upon at the same election, but the voter shall must be allowed to vote for or against each separately. In case of inconsistency between two initiated ordinances approved at one election, the one approved by the higher percentage of voters voting on the question prevails to the extent of the inconsistency. 2.09. Section 5.11 of the Richfield City Charter is amended to read as follows: Section 5.11. The Referendum. If prior to the date when an ordinance takes effect a petition signed by qualified registered voters of the City equal in number to ten percent (10%) of the total number of registered voters at the time of the last regular municipal election is filed with the City Clerk requesting that any such ordinance be repealed or submitted to a vote of the registered voters, the ordinance shall-thereby-be is prevented from going into operation. All the signature pages must be filed as one instrument. The City Clerk must ascertain by examination the sufficiency of the petition within ten (10) working days and must certify the results of that examination to the Council at its next regular meeting. The Council shall must thereupon reconsider the ordinance at its next regular meeting, and by majority vote either repeal or affirm the ordinance as passed. If the ordinance is affirmed, the Council shall must i mmediately order a special election to be held thereon, or submit the ordinance at the next regular municipal election, RC145-17 5 226414v8 CAH RC145-17 pending which the ordinance shall-remain remains suspended. If a majority of the voters voting on the ordinance is opposed to the ordinance, it shall does not become effective; but if a majority of the voters favor the ordinance, it shall go into takes effect immediately or on the date therein specified. 2.10. Section 5.12 of the Richfield City Charter is amended to read as follows: Section 5.12. Referendum Petition. The requirements laid down in Sections 5.04 and 5.05 above as to the formation of committees, the form of petitions and signature papers, and residency requirements for committee members and circulators, for the initiation of ordinances shall apply to the referendum but with such changes as may be necessary. A referendum petition shall read substantially as follows: REFERENDUM PETITION Proposing the repeal of an ordinance to (stating the purpose of the ordinance)—a. A certified copy of which the ordinance is hereto attached. Sponsoring Committee The proposed repeal is sponsored by the following committee of City of Richfield residents who are registered voters: Name Address 1. 2. 3. 4. 5. Instructions to Petition Signers You are being asked to siqn a petition. You must be a resident of, and a registered voter in, the City of Richfield. Every person signing this petition must do so in the presence of the person circulating the petition. It is a criminal offense to sign a name other than your own to the petition or to accept compensation for signing your name to the petition. The undersigned qualified registered voters, understanding the nature of the ordinance hereto attached and believing it to be detrimental to the welfare of the City, petition the Council for its submission to a vote of the voters for their approval or disapproval. RC145-17 6 226414v8 CAH RC145-17 ID C, - ID Date Legal Signature Name (print legibly) Address (print legibly) 1. 2. 3. (' -- - - - -- • - •e • - - - • - - - - - - -- ' • - - • The affidavit of the circulator must be attached at the end of the list of signatures.) 2.11. Section 5.14 of the Richfield City Charter is amended to read as follows: Section 5.14. The Recall. No less than 25 registered voters may form themselves in a committee for the purpose of bringing about the recall of any Council Member including the Mayor. If the committee seeks the recall of a district Council Member, the registered voters constituting the committee shall must be from the Council Member's district. The committee shall must certify to the City Clerk the name of the Council Member whose removal is sought, a statement of the grounds for removal in not more than 250 words, and their the committee's intention to bring about his or her recall. A copy of this certificate shall m ust b e attached to each signature paper and no signature paper shall may be put into circulation previous to such certification. The grounds as set forth in the recall petition must be predicated on one or more charges of malfeasance, nonfeasance or both. For this purpose the word "malfeasance" means the performance of an act by a Council Member in his or her official capacity that is wholly illegal and wrongful and the word "nonfeasance" means the neglect or refusal, without sufficient excuse, to do that which it is the Council Member's legal duty to do so. 2.12. Section 5.15 of the Richfield City Charter is amended to read as follows: Section 5.15. Recall Petitions. The petition for the recall of any Council Member shall must consist of a certificate identical to that filed with the City Clerk together with all the signature papers and affidavits thereto attached. All the signatures need not be on one signature paper, but the circulator of every signature paper shall must make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Every circulator of a signature paper must be RC145-17 7 226414v8 CAH RC145-17 t 1 a resident of the state of Minnesota. Each signature paper shall must be in substantially the following form: RECALL PETITION Proposing the recall of from the office as which recall is sought for the reasons set forth in the attached certificate. Sponsoring Committee This movement is sponsored by the following committee of registered voters eligible to vote on candidates for that office. Name Address 1. 2. 3. !listing all members of the committee) Instructions to Petition Signers You are being asked to sign a petition. You must be a resident of, and a registered voter in, the City of Richfield. Every person signing this petition must do so in the presence of the person circulating the petition. It is a criminal offense to sign a name other than your own to the petition or to accept compensation for signing your name to the petition. The undersigned registered voters, all being eligible to vote on candidates for that office, understanding the nature of the charges against the Council Member herein sought to be recalled, desire the holding of a recall election for that purpose. Date Legal Signature Name (print legibly) Address (print legibly) 1. 2. 3. • -- - - e ' - - • - - - • - - - - - - - - The affidavit of the circulator must be attached at the end of the list of signatures. RC145-17 8 226414v8 CAH RC145-17 2.13. Section 5.16 of the Richfield City Charter is amended to read as follows: Section 5.16. Filing of Petition. Within thirty (30) days after the filing of the original certificate, the committee shall must file the completed petition in the office of the City Clerk. The City Clerk shall must examine the petition within the next five (5) ten (10) working days and if the clerk finds it irregular in any way, or finds that the number of signers is less than twenty-five percent (25%) of the total number of registered voters eligible to vote on candidates for that office at the last preceding regular municipal election, the City Clerk shall must so notify one or more members of the committee. The committee shall then be given ten (10) days in which to file additional signature papers and to correct the petition in all other respects, but they the committee may not change the statement of the grounds upon which the recall is sought. If at the end of that time the City Clerk finds the petition still insufficient or irregular, the clerk shall must notify all the members of the committee to that effect and shall file the petition in the City Clerk's office. No further action shall be taken thereon. 2.14. Section 5.17 of the Richfield City Charter is amended to read as follows: Section 5.17. Recall Election. If the petition or amended petition is found sufficient, the City Clerk shall must transmit it to the Council without delay, and shall must also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. If the Council Member sought to be recalled does not resign within ten (10) days after having been given such notice, the Council shall, at its next meeting occurring more than ten (10) days after the receipt by the Council of the recall petition, by resolution, provide for the holding of a special recall election not more than 45 75 days after such meeting, but if any other election is to occur within sixty-(-60-)-elays three months after such meeting, the Council may in its discretion provide for the holding of the recall election at that time. If the special recall election involves a one or more district Council Member, the recall election shall must be conducted only within the district of such the affected Council Member. If—it - -- . _ . _• - _ . -•• _- . If it involves a Council Member who is elected at large, the election shall must be a City-wide election. 2.15. Section 5.18 of the Richfield City Charter Is amended to read as follows: Section 5.18. Procedure at Recall Election. The City Clerk shall must include with the published notice of the election the statement of the grounds for recall and also, in not more than 500 words, the answer of the Council Member concerned in justification of his or her course in office. The election RC 145-17 9 226414v8 CAH RC145-17 shall must be conducted as far as possible, in accordance with the usual procedure in municipal elections. 2.16. Section 5.19 of the Richfield City Charter is amended to read as follows: Section 5.19. Form of Recall Ballot. The form of the ballot at such election shall be: "Shall be recalled?" The name of the Council Member whose recall is sought and his or her office shall be inserted in the blank. The electors shall be permitted to vote separately "Yes" or "No" upon this question. If a majority of those voting on the question of recall vote in favor of recall, the official shall be thereby removed from office. 2.17. Section 5.20 of the Richfield City Charter is amended to read as follows: Section 5.20. Procedure to Fill Vacancy. In the event that a Council Member is recalled by the electors or resigns after a petition has been filed for his or her recall, the vacancy shall must be filled in the following manner: If less than six months remain in the Council Member's term of office at the time of the recall election or at the time of resignation in response to a recall petition, as the case may be, the vacancy shall must be filled by the remaining members of the City Council for the unexpired term pursuant to, Section 2.05. If six months or more remain in the Council Member's term at the time of such recall or resignation, the Council shall must call a special election to fill the vacancy for the balance of the Council Member's term. Such election shall must be called within ten (10) days after such recall or resignation, and the special election shall must be held in accordance with state law and not less-than-thirty-(30)fief more than sixty (60) days after the meeting at which the election is called. Candidates to fill the unexpired term shall must be nominated in the usual way and the election shall must be conducted as far as possible in accordance with procedures in municipal elections except that there shall be no primary election and the candidate receiving the highest number of votes for the office shall be elected to fill the unexpired term. 2.18. Chapter 5 of the Richfield City Charter is amended by adding a subdivision to read as follows: Section 5.22. Offenses; Penalty. It is unlawful for a person to: a. sign a name other than that person's own name to an initiative, referendum or recall petition; RC145-17 10 226414v8 CAH RC145-17 ) bJHL b. circulate an initiative or referendum petition without required attachments; c. circulate an initiative, referendum or recall petition when unqualified to do so; d. sign an initiative, referendum, or recall petition when that person knows he or she is not qualified to do so; e. make a false affidavit in connection with an initiative, referendum, or recall petition; f. pay or offer to pay a person, or receive payment or agree to receive payment, for signinq an initiative, referendum or recall petition; g. pay or offer to pay a person, or receive payment or agree to receive payment, on a basis related to the number of siqnatures obtained for circulating an initiative, referendum, or recall petition. This subsection does not prohibit the payment of salary and expenses for circulation of the petition on a basis not related to the number of signatures obtained, as long as the circulators fully disclose all contributions received to the city clerk upon submission of the petitions. A violation of this section is a misdemeanor punishable in accordance with state law. 2.19. Section 3.09 of the Richfield City Charter is amended to read as follows: Section 3.09. When Ordinances and Resolutions Take Effect. A resolution and or an emergency ordinance shall take effect i s effective immediately upon its passage or at such later date as is fixed in it. An ordinance that is expressly excepted from referendum under section 5.01 of this Charter is effective on the day following publication or such later date as is fixed in it. Every other ordinance shall-take-effect is effective after on the thirtieth (30) day, exclusive of after the day of publication; or at such later date as is fixed therein. Every ordinance adopted by the voters of the City shall-take-effect is effective immediately upon its adoption, or at such a later time as fixed therein. 2.20. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51% of the voters voting on the question of its adoption at the special election called by the Council for that purpose. RC145-17 11 226414v8 CAH RC145-17 lb - ? 5 2.21. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this day of , 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk RC 145-17 12 226414v8 CAH RC145-17 BILL NO. AN ORDINANCE RELATING TO CITY CONTRACTS; AMENDING SECTION 6.05 OF THE RICHFIELD CITY CHARTER THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of an Amendment to section 6.05 of the charter and recommended to the City Council that the Amendment be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendment is set out in Sections 2.02 of this ordinance. 1.03. A public hearing on the Amendment was held on by the City Council after two weeks' published notice containing the text of the Amendment a s required by the Act. The notice contained a brief description of the nature and scope of the Amendment. All persons desiring to be heard with reference to the Amendment were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted. Section. 2 Adoption; effective date; filing. 2.01. The Amendment as proposed by the Charter Commission is adopted. 2.02. Section 6.05 of the Richfield City Charter is amended to read as follows: Section 6.05. Purchases and Contracts. City contracts must be made in compliance with state law and this charter. Every contract for the thereof, or for the construction, alteration, repair or maintenance of real or personal property e where Where the amount involved of a contract is more than the dollar amount contained in Minnesota Statutes, Section 471.345, Subd. 3 shall the contract must be let only approved by the City Council upon the recommendation of the City Manager to the lowest rec ponsible bidder. When contracts are competitively bid, the The Council may; however, reject any and all bids. The City Manager may approve contracts in an amount equal to or less than the dollar amount contained in Minnesota Statutes, Section 471.345. Subject to the provisions of the 313696v2 MJM RC145-17 /bc1 - r7 Charter, and other applicable law, the Council may by ordinance or by resolution adopt further regulations for making of bids and letting of contracts. 2.03. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51% of the voters voting on the question of its adoption at the special election called by the Council for that purpose. 2.04. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this day of , 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 313696v2 MJM RC145-17 BILL NO. AN ORDINANCE RELATING TO EXPENDITURE OF PUBLIC FUNDS FOR PUBLIC PURPOSES; AMENDING SECTION 7.01 OF THE RICHFIELD CITY CHARTER THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of an Amendment to section 7.01 of the charter and recommended to the City Council that the Amendment be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendment is set out in Section 2.02 of this ordinance. 1.03. A public hearing on the Amendment was held on by the City Council after two weeks' published notice containing the text of the Amendment a s required by the Act. The notice contained a brief description of the nature and scope of the Amendment. All persons desiring to be heard with reference to the Amendment were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted. Section. 2 Adoption; effective date; filing. 2.01. The Amendment as proposed by the Charter Commission is adopted. 2.02. Section 7.01 of the Richfield City Charter is amended to read as follows: Section 7.01. Council to Control Finances. Subdivision 1. The Council controls the financial affairs of the City. The Council must provide for (i) the prompt collection of revenues, (ii) the preservation of assets, (iii) the auditing of City accounts, and (iv) the safekeeping and proper disbursement of public monies. Subd. 2. The City must spend public funds only for public purposes. The Council may provide by ordinance or by resolution that certain expenditures serve a public purpose consistent with state law. A resolution shall be effective only for the fiscal year in which it is adopted. 313696v2 MJM RC145-17 2.03. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51% of the voters voting on the question of its adoption at the special election called by the Council for that purpose. 2.04. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this day of , 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 313696v2 MJM RC145-17 BILL NO. AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTION 8.04 OF THE RICHFIELD CITY CHARTER; CLARIFYING CAPITAL IMPROVEMENT PROJECTS THAT REQUIRE PUBLIC HEARING; INCREASING MONETARY LIMITS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of an amendment (Amendment) to Chapter 8 of the charter and recommended to the City Council that the Amendment be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendment is set out in Section 2.02. 1.03. A public hearing on the Amendment was held on by the City Council after two weeks' published notice containing the text of the Amendment as required by the Act. The notice contained a brief description of the nature and scope of the Amendment. All persons desiring to be heard with reference to the Amendment were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted. Sec. 2 Adoption; effective date; filing. 2.01. The Amendment as proposed by the Charter Commission is adopted. 2.02. Section 8.04 of the City Charter is amended to read as follows: Section 8.04. Approval by Ordinance. Any capital improvement on City-awned property owned or leased by the City, excluding street and utility rights of way, which has an estimated cost exceeding $2,000,000.00 or expenditures for design or engineering costs exceeding $ 000.00 $250,000.00 must be approved by ordinance after a public hearing. 2.03. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51% of the voters voting 1DC, -(9 ( on the question of its adoption at the special election called by the Council for that purpose. 2.04. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this day of , 2013. Debbie Goettel, Mayor ATTEST: Nancy C. Gibbs, City Clerk _5� 460'a-, ci 7Z CHAPTER 5 AND SECTION 3.09 AMENDMENTS —WITH ANNOTATIONS 2.01. Section 5.01 of the Richfield City Charter is amended to read as follows: Section 5.01. Powers Reserved b The amendment the People. The people of Richfield simplifies the wording of reserve to themselves the powers of the section. The initiative referendum and recall, to be substantive change is to exercised, in accordance with the except land use and provisions of this Charter; tG-wA+ata-ad zoning ordinances from adopt nordi&n initiative and apprGp9at1rethe-rn9F4eyreferendum, which is levy of taxes, te FeqUeStSUGII an ordinaRGe consistent with a Minnesota court to the registered YeteFs fGF approval 9 decision. officials. These powe.rs �sctivefy. Initiative is the grocess for voters to propose and adopt an ordinance. Referendum is the process to require an ordinance passed by the council to be referred to the voters for approval or disapproval. Recall is the process for removing,an elected public official from office. Initiative and referendum may not be used with an ordinance that appropriates mons authorizes the leyy of taxes, or involves land use or zoning. Section 5.02 prevents 2.02. Section 5.02 of the Richfield City Charter is members of repealed. committees, circulators of signature papers, and signers from accepting or offering rewards. This language duplicates the new provision in Section 5.22. Section 5.02 also allows the committee to pay for legal advice and to incur expenses up to $400. The limitation on 2.03. Section 5.04 of the Richfield City Charter is amended to read as follows: Section 5.04. Initiation of Measures. Any fwet.en residents of the Ci t who are registered voters may form themselves into a sponsoring committee for the initiation of aRy oi:dinaRGeS exnept aRy ei:dinanGe autherizing the ftaxes an ordinance as permitted by section 5.01 of this Charter. Before circulating any petition they shall the committee must file an affidavit and its proposed petition a-veFified GOPY Of th d GFdiRaRGe. with the City Clerk;. The afFdavit must state that a committee has been formed, must contain tag ethei: with -4:w* the names and addresses as of the committee members and -must be signed by each member of the committee, whose signatures must be verified by a nota public. They shat) The committee must also attach a verified copy of the proposed ordinance to each of the signature papers herein described, together with #ie4 the committee members' names and addresses as sponsors theFeef. The ordinance must relate to only one subiect which is clearly expressed in the petition. Every circulator of a signature gaper must be a resident of the state of Minnesota. incurring expenses is removed because of constitutional concerns about such limitations. Section 5.22 does require disclosure of any expenses for paid circulation of petitions. The number of residents required to form a committee was increased to 10 (the same number required to nominate a city council candidate under Section 4.04 of the Charter). The second -to -last sentence limits an initiated ordinance to one subject, to avoid voter confusion when voting. The last sentence is added as a measure to encourage compliance with state laws and the charter; Minnesota residents are more readily subject to prosecution and enforcement than nonresidents. Other changes are for simplification of lanauacie. 2.04. Section 5.05 of the Richfield City Charter is amended to read as follows: I Most changes are for Section 5.05. Form of Petition and of Signature Pgpers. The petition for the adoption of any ordinance shall must consist of the ordinance, together with all the signature papers and affidavits thefete attached. S�u& A petition shall is not be complete unless signed by a number of registered voters equal to at least five percent of the total number of registered voters at the time of the last regular muni election. All the signatures need not be on one signature paper, but the circulator of every su& s ignatuCe paper shall must make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper sha mew be in substantially the following form: INITIATIVE PETITION Proposing an ordinance to (Stating the Purpose of the Ordinance)_.A certified a copy of whiGh the pronosed ordinance is hereto attached. Sponsorincii Committee This ordinance is sponsored by the following committee of City of Richfield residents who are registered voters: Name Address 1. 2. 3 simplification or clarification of language. 2.05. 4. 5. instructions to Petition Signers You are being asked to si n a etition. This instruction was You must be a resident of and a added to put signers on registered voter in the City of Lichfield. notice of the Every person signing this petition must do requirements for signing so in the presence of the person a petition and the circulating the petition. It is a criminal penalties for violating offense to sign a name other than your those requirements. own to the petition or to accept compensation for signing our name to the inion. The undersigned registered voters, understanding the terms and nature of the ordinance attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the voters for their approval. Date Legal Signature Name Tint legibly) Address (print legibly) The form was changed to add the requirement that the printed name of the signer by shown. 2. This assists the city clerk in examining the 3. sufficiency of the petition. (At t h ee -- -d of the list ef4kjf*tures4ha#-be appended the -The affidavit of the circulator mentmened ahrl,a must be attached at the end of each si nature paper.) Section 5.06 of the Richfield City Charter is amended to read as follows; Section 5.06. Filing of Petition The time period for the and Action Thereon. All the signature city clerk to examine the Y papers -,hA must be filed in the office of the City Clerk as one instrument, Within #ve-0) ten (1 0) working days after the filing of that petition, the City Clerk sha4 must ascertain by examination, the number of registered voters in the City whose signatures are appended theFete attached and whether this number is at least five percent (5%) of the total number of registered voters at the time of the last regular municipal election. The validity of the signatures must be iudged as of the day the petition was filed. If the City Clerk finds the petition is found to be insufficient or irregular, the City Clerk sha must at once notify one or more of the sponsoring committee of that fact, certifying the reasons for the finding. The committee shall then be given thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, it shall be filed b the City Clerk shall file the petition in the City Clerk's office and noti each member of the committee s4all be Re#W of that fact by the G;1- "NeAc. The final finding of the insufficiency or irregularity of a petition shaft does not prejudice the filing of a new petition for the same purpose, nor shall does it prevent the Council from referring the ordinance to the voters at the next regular or special election at its option. 2.06. section 5.07 of the Richfield City Charter is amended to read as follows: Section 5.07. Action of Council on Petition. When the petition is found to be sufficient, the City Clerk shall must so certify to the Council at its next meeting, stating the number of petitioners valid signatures on the petition and the percentage of the total number of reoistered voters at the time of the last re-qular Vol petitions is increased from five calendar days to 10 working days. This sentence was added to clarify that the city clerk will use the voter registration list in effect on the date the petition was filed to determine whether a voter is registered. The clerk is not required to look at the lists in effect on the date that each that each person signed the petition. Other changes are for simplification of language. Some changes were for simplification or clarification of language. municipal election which they cons,titute-,aad-tke, The Council shall at once read the ordinance and may refer it to an appropriate committee. The committee or Council '419f must hold a p ublic 14earings he��ring upon the ordinance:,��AeFhA1HjiR_q of whiGh—the alilly by erdiRaFIG8 Shall' be fi. aGted upon GeuneH. After the public hearing, but not later than sixty-five (65) days after the City Clerk date upeR whieh itwas submitted the ordinance to the Council by4--te,-G4-Qe*, the Council must take final action on the ordinance. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition and unsatisfactory to the sponsors, the proposed ordinance shad must be submitted by the Council to a vote at the next regular municipal election, but if the ffwnAaef&_4_the_skjRef" R_umber of valid si natures on the petition is equal to at least fifteen percent (16%) of the total number of The only substantive registered voters at the time of the last regular change is to modify the municipal election, the Council -aP.-iff must call a time requirements for special election upon the measure. Such special holding a special election sha must be held in accordance with the election. The old time requirements of state law, but not less than t" requirements are too {, -nor more than feq five (45) si?L (60) days short, given current from date of final action on the ordinance by the state law requirements Council or, if there has been no final action, from for elections. afteF the expiration of sixty-five (65) days from the date of submission to the Council when there has-, been no final aGtieR; but If a regular election is to occur within three months, the Council n4ay must submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the sponsoring committee do not express their dissatisfaction with such amended form by a statement filed with the City Clerk, within ten (10) days of the passage thereof by the Council, the ordinance need not be submitted to the voters. 2.07. Section 5.08 of the Richfield City Charter is amended to read as follows: Section 6.08. Initiative Ballots. The ballots used when voting upon any The changes are for such proposed ordinance slut] must state simplification of Ell the substance of the ordinance and sluff language. must give the voters the opportunity to vote either "yes" or "no" on the question of adoption. if a majority of the votes on any such ordinance are in favor of it, it shag thereupon beGerne becomes an ordinance of the City. Any number of proposed ordinances may be voted upon at the same election, but the voter 6h-aIl must be allowed to vote for or against each separately. In case of inconsistency between two initiated ordinances approved at one election, the one approved by the higher percentage of voters voting on the questionshall prevail prevails to the extent of the inconsistency. 2.08. Section 5.11 of the Richfield City Charter is amended to read as follows: Section 5.11. The Referendum. If prior to the date when an ordinance takes effect a petition signed by qualified registered voters of the City equal in number to ten percent (10%) of the total number of registered voters at the time of the last regular municipal election is filed with the City Clerk requesting that any such ordinance be repealed or submitted to a vote of the registered voters, the ordinance shall thereby be is p revented from going into operation. All the The added language is signature pages must be filed as one not a substantive instrument. The CN Clerk must ascertain change; it repeats the by examination the sufficient y of the specific requirements for petition within ten (10) working days and the petition rather than must certifV the results of that examination rely on the cross- to the Council at its next regular meeting. reference in section The Council -,49 must thereupon 5.12. reconsider the ordinance at its next r-equia Ming, and by majority vote either repeal or affirm the ordinance as passed. If the ordinance is affirmed, the Council sha4 must immediately order a special election to be held thereon, or submit the ordinance at the next regular municipal election, pending which the ordinance "l-4em,-4R remains suspended. If a majority of the voters voting on the ordinance is opposed to the ordinance, it shA does not become effective; but if a majority of the voters favor the ordinance, it shall 99 iRtG takes effect immediately or on the date therein specified. 2.00. — ----- Section 5.12 of the Richfield City Charter is amended to read as follows: Section 5.12. Referendum Petition. The requirements laid down in Sections 5.04 and 5.05 above as to the formation of committees, the form of petitions and signature papers, and Eggjdenc,� reguirements for committee members and circulators, for the initiation of ordinances shall apply to the referendum but with such changes as may be necessary. A referendum petition shall read substantially as follows: REFERENDUM PETITION to Proposing the repeal of an ordinance (stating the purpose of the ordinance) -a. A certified copy of whish the ordinance is heFete attached. Sponsoring Committee The proposed repeal is sponsored by the following committee of City of Richfield residents who are registered voters: Name 1. 2. 3. M =0 0 This change adds the residency requirements for referendum petitions, for the same reason residency was added to initiative petitions. 4. 5. Instrueflons; to Petitic►n Signers You are being asked to sign a petition. Added for same reason You must be a resident of, and a as for initiative, above. registered voter in, the Ci !y of Richfield. Every person signing this petition must do so in the r.). resence of the erson circulating the _petition. It is a criminal offense to sign a name other than you own to the petition or to acre compensation for signing your name to the petition. The undersigned qualified registered voters, understanding the nature of the ordinance hereto attached and believing it to be detrimental to the welfare of the City, petition the Council for its submission to a vote of the voters for their approval or disapproval. Date Legal Signature Name fp±nt Printed name added for legiblyl Address (print,leg,ibly) same reason as initiative, above. 2. 3. Other changes are for simplification of (At the end + the-Aftavit The affidavit of the language. circulator 1.4*ve--must be attached at the end of the list of signatures.) 2.10. Section 5.14 of the Richfield City Charter is amended to read as follows: Changes are for Section 5.14. The Recall. No less simplification of than 25 registered voters may form language. themselves in a committee for the purpose of bringing about the recall of any Council Member including the Mayor. If the committee seeks the recall of a district Council Member, the registered voters constituting the committee sly must be from the Council Members district. The committee s" must certify to the City Clerk the name of the Council Member whose removal is sought, a statement of the grounds for removal in not more than 250 words, and th& the committee's intention to bring about his or her recall. A copy of this certificate sW must be attached to each signature paper and no signature paper shad may be put into circulation previous to such certification. The grounds as set forth in the recall petition must be predicated on one or more charges of malfeasance, nonfeasance or both. For this purpose the word "malfeasance" means the performance of an act by a Council Member in his or her official capacity that is wholly illegal and wrongful and the word "nonfeasance" means the neglect or refusal, without sufficient excuse, to do that which it is the Council Member's legal duty to do so. 2.11. Section 5.15 of the Richfield City Charter is amended to read as follows: Section 5.15. Recall Petitions. The All changes are similar petition for the recall of any Council to those made for Member shall must consist of a certificate initiative and identical to that filed with the City Clerk referendum, see above. together with all the signature papers and affidavits thereto attached. All the signatures need not be on one signature paper, but the circulator of every signature paper shag must m ake an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Every circulator o a signature paper must be a resident of the state of Minnesota. Each signature /0 paper shall must be in substantially the following form: RECALL PETITION Proposing the recall from the office _ which recall sought for the reasons set forth in attached certificate. This movement is following committee eligible to vote on office. Name I. 2. of as is the sponsored by the of registered voters candidates for that I (listing all members of the committee Instructions to Petition Signers You are being asked to sign a petition. You must be a resident of and a registered voter in the City of Richfield. Every person signing petition must do so in the presence of the person circulating the petition. It is a criminal offense to sign a name other than your own to the petiflon or to acre t compensation for sionina your name to the petition. The undersigned registered voters, all being eligible to vote on candidates for that office, understanding the nature of the charges against the Council Member herein sought to be recalled, desire the holding of a recall election for that purpose. re Name legibl Address 1print legibly) 2. appended the-AfWayft The affidavit of the circulator --above—_mustbe attached at the end ofo th-e-2111—stolf 2.12. Section 5.16 of the Richfield City Charter is amended to read as follows: Section 5.16. Filing of Petition. Within thirty (30) days aft r the filing of the The only substantive original certificate, the committee shaR change is to give the must file the completed petition in the city clerk 10 working office of the City Clerk. The City Clerk days instead of 5 &ha4 must examine the petition within the calendar days to next five (5) ten (10) working days and if examine the petition. the clerk finds it irregular in any way, or finds that the number of signers is less than twenty-five percent (25%) of the total number of registered voters eligible to vote on candidates for that office at the last preceding regular municipal election, the City Clerk &haU must so notify one or more members of the committee. The committee shall then be given ten (10) days in which to file additional signature papers and to correct the petition in all other respects, but they the committee may not change the statement of the grounds upon which the recall is sought. If at the end of that time the City Clerk finds the petition still insufficient or irregular, the clerk s4a must notify all the members of the committee to that effect and sha file the petition in the City Clerk's office. No further action shall be taken thereon. 2.13. Section 5.17 of the Richfield City Charter is amended to read as follows: Section 5.17, Recall Election. If the petition or amended petition is found sufficient, the City Clerk shall must transmit it to the Council without delay, and sW must also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. If the Council Member sought to be recalled does not resign within ten (10) days after having been given such notice, the Council shall, at its next meeting occurring more than ten (10) days after the receipt by the Council of the recall petition, by resolution, provide for the holding of a special recall election not less +6"n Qn M—.Mr sjwan 3- -. more than 45 75 days after such meeting, but if any other election is to occur within sixty (60) days three months after such meeting, the Council may in its discretion provide for the holding of the recall election at that time. If the special recall election involves a one or more district Council MernberLsj, the recall election sI Mgg be conducted only within the districtfsl of swoh the affected Council Member Us. if it N wGlves-sevarat distdot GewnGil Members, the eleGgGn-sl4atl GUGh GewnGil Memb If it involves a Council Member who is elected at large, the election shall must be a City-wide election. 2.14. Section 5.18 of the Richfield City Charter Is amended to read as follows: Section 5.18. Procedure at Recall Election. The City Clerk shatl must include with the published notice of the election the statement of the grounds for recall and also, in not more than 500 words, the answer of the Council Member concerned in iustification of his or her course in office. 13 Most changes are for simplification of language. The substantive change is to alter the time requirements for holding a special recall election. The existing requirements are too restrictive, given state law election requirements. Changes are for simplification of language. The election sha must be conducted as far as possible, in accordance with the usual procedure in municipal elections. 2.15. Section 5.19 of the Richfield City Charter is amended to read as follows: Section 5.19. Form of Recall Ballot. Clarification of The form of the ballot at such election shall language. be: "Shall be recalled?" The name of the Council Member whose recall is sought and his or her office shall be inserted in the blank. The electors shall be permitted to vote separately "Yes" or "No" upon this question. If a majority of those voting on the question of recall vote in favor of recall, the official shall be thereby removed from office. 2.16. Section 5.20 of the Richfield City Charter is amended to read as follows: Section 5.20. Procedure to Fill The only substantive Vacan . In the event that a Council change is to the time Member is recalled by the electors or period for holding a resigns after a petition has been filed for special election, in light his or her recall, the vacancy s4a must be of current state law filled in the following manner: election requirements. If less than six months remain in the Council Members term of office at the time of the recall election or at the time of resignation in response to a recall petition, as the case may be, the vacancy shall must be filled by the remaining members of the City Council for the unexpired term pursuant to Section 2.05. If six months or more remain in the Council Member's term at the time of such recall or resignation, the Council sMO must call a special election to fill the vacancy for the balance of the Council Member's term. Such election shad must /Y . be called within ten (10) days after such recall or resignation, and the special election shad must be held in accordance with state law and not Iess4haA4h4j-(W n-ef more than sixty ( 60) days after the meeting at which the election is called. Candidates to fill the unexpired term &W must be nominated in the usual way and the election shA must be conducted as far as possible in accordance with procedures in municipal elections except that there shall be no primary election and the candidate receiving the highest number of votes for the office shall be elected to fill the unexpired term. 2.17. Chapter 5 of the Richfield City Char -ter is amended by adding a subdivision to read as follows: This section was added Section 5.22. Offenses• eenalt, . It y to protect the integrity of is unlawful for a person to: the initiative, referendum and recall a. sign a-- name other than that processes by person's own name to an initiative, establishing a criminal referendum or recall petition-, penalty for certain conduct. b. circulate an initiative or referendum i)etition without required attachments; C. circulate an initiative, referendum or recall petition when unqualified to do so-, d. sign an initiative, referendum, or recall petition when that person knows he or she is not qualified to do so; e. make a false affidavit in connection with an initiative, referendum, or recall petition; f. pay or offer to pay a person, or receive payment or agree to receive payment, for signing an ..... initiative, referendum or recall petition,-, 9. pay or offer to pay a person, o receive payment or agree to receive 15 Payment, on a basis related to the number of sliq inatures obtained for circulating an iative referendum or recall Petiti initiative This subsection does not rohibit the pgyment of salary and ex eases for circulation of the petition on a tasis not related to the number of signatures obtained, as long as the circulators fully disclose all contributions received to the cily clerk upon submission of the petitions. A violation of this section is a misdemeanor Punishable in accordance with state law. 2.18. Section 3.09 of the Richfield City Charter is amended to read as follows: Section 3.09. When Ordinances 'The substantive change and Resolutions Take Effect. A resolution is to remove the 30 -day and or an emergency ordinance sha#4ake waiting period for any effect is effective immediately upon its ordinance that is passage or at such later date as is fixed in expressly excepted from it. An ordinance that is expressly excepted referendum under from referendum under section 5.01 of this section 5.01. In those Charter is effective on the day following instances, the waiting publication or such later date as is fixed in period serves no it. Every other ordinance shag-take-effad purpose. is effective aftef an the thirtieth (30) day-; eXGlusive ef after the day of publication, or at such later date as is fixed therein. Every ordinance adopted by the voters of the City shall take effeGt is effective immediately upon its adoption, or at such a later time as fixed therein. /6 AGENDA SECTION: CONSENT AGENDA ITEM# 10D REPORT# 73 =NAM STAFF REPORT RICHFIELD CITY COUNCIL MEETING APRIL 23, 2013 REPORT PREPARED BY: JEFF PEARSON, TRANSPORTATION ENGINEER NAME,TITLE DEPARTMENT DIRECTOR (�ry' , , REVIEW: J Sri I REVIEWED BY CITY 21/ 4 MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving agreement for the purchase of a property located at 6301 Bloomington Avenue. I. RECOMMENDED ACTION: By Motion approve a resolution approving agreement for the purchase of a property located at 6301 Bloomington Avenue for the Taft Park - Richfield Parkway Connection Project i II. BACKGROUND In following the procedures set forth by the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, when the City acquires property, it must be approved by the Council. Consistent with City Council direction, the Capital Improvement Plan, and the City's Comprehensive Plan, staff is working towards the completion of the Taft Lake Water Quality Improvement (TLWQI) Project. This project also includes construction of the Richfield Parkway North Connection and improvements at Veteran's Park. The Richfield Parkway Connection Project requires additional right of way for construction. Three single-family homes will need to be acquired. The City Council has approved the 25 mph Curve Alternative as the future alignment for the Richfield Parkway North Connection between 17th and Bloomington Avenues. The North 042313 6301 Bloomington 419262v1 CAH RC145-624 Connection is a replacement roadway for the Taft Lake Frontage Road and old Cedar Avenue. This project is on schedule to begin construction this summer. Taft Lake — Richfield Parkway Connection Project This cooperative project will capitalize on existing planning efforts from multiple agencies to revitalize northeast Richfield by incorporating the following elements: • Taft Lake Water Quality Improvements o DNR Fishery o Phosphorus Removal • Bloomington Avenue Connection to Cedar Point Center o Improved access to/from • South Minneapolis • Taft Park • Local Transit Routes • Three Rivers Park District's Intercity Trail Crossing o Future access to/from Minneapolis Grand Rounds system and south to MN River Valley o Connection to 350 miles of regional trails The City Council passed the Transitory Ordinance approving the project at the April 9, 2013 meeting. Purchase Agreement Appraisal reports were prepared for all three properties. The City public works staff and the right of way consultant have begun negotiating purchase agreements with the property owners. This resolution seeks approval of the purchase agreement for the first property. Staff will bring purchase agreements for the two remaining properties to the Council for approval as they are signed by the homeowners. The purchase price for the property at 6301 Bloomington Avenue is $149,900, which is the value as appraised by the City's independent appraiser. III. BASIS OF RECOMMENDATION A. POLICY • The City has identified the need to acquire 3 properties to complete the Richfield Parkway Connection Project. • Property acquisition procedures set forth by the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 are being followed. B. CRITICAL TIMING ISSUES • This property is scheduled to begin the closing process after City Council approval of the attached resolution. C. FINANCIAL • Funding for the Richfield Parkway Connection including roadway construction and purchase of the impacted parcels will be provided through the use of Municipal State Aid funds. D. LEGAL • The City attorneys have overseen the property acquisition process and will be available to answer any questions. E. ENVIRONMENTAL CONSIDERATIONS • The Richfield Parkway Connection is required as part of the Taft Lake Storm water Improvements. IV. ALTERNATIVE RECOMMENDATION(S) • The Council may decide to not approve the purchase agreement and direct staff on how to proceed. V. ATTACHMENTS • Resolution approving agreement for the purchase of property located on Bloomington Avenue for the Taft Lake - Richfield Parkway Connection Project. • Purchase Agreement for 6301 Bloomington Avenue • Project Layout VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Impacted Residents IDb- I RESOLUTION NO. RESOLUTION APPROVING AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY LOCATED ON BLOOMINGTON AVENUE FOR THE TAFT LAKE - RICHFIELD PARKWAY CONNECTION PROJECT WHEREAS, the City of Richfield has undertaken an improvement project, No. CP 410005 (Taft Lake — Richfield Parkway Connection Project)(the "Project"), which involves the extension of Richfield Parkway to connect to Bloomington Ave at 63r d Street; and, WHEREAS, in order to construct the Project, the City Council has determined that it is reasonably necessary to purchase certain real properties located adjacent to 63rd Street, all in the City of Richfield, Hennepin County, Minnesota; and WHEREAS, the City has obtained an appraisal of the property from qualified independent professional appraisers; and WHEREAS, the City staff and consulting right of way agent have negotiated a purchase agreement for the purchase of property located at 6301 Bloomington Avenue; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The City Council hereby approves the purchase agreement for 6301 Bloomington Avenue South, in the amount of$149,900.00. 2. The Mayor and City Manager are to execute the purchase agreement for said properties and to take all other actions necessary to effectuate the transfer contemplated by the agreement. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of April, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ibbd\ PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (the "Agreement") is made as of this ( 4day of < 1 2013, by and between John Lokken and Beverly Lokken, Husband and Wife, ("Seller," whether one or more) and the City of Richfield , a Minnesota municipal corporation ("CitJ' or "Buyer"). RECITALS A. Seller is the owner of property located at 6301 Bloomington Avenue , Richfield, Minnesota, which is legally described on the attached Exhibit A ("Property"). The Property includes all plants, shrubs and trees, storm windows and/or inserts, storm doors, screens, awnings, window shades, blinds, curtain-traverse-drapery rods, attached lighting fixtures with bulbs,plumbing fixtures, water heater,heating system, humidifier, central air conditioning, electronic air filter, automatic garage door opener with controls, water softener, cable television outlets and cabling, and built-ins, including dishwasher, garbage disposal, trash compactor, oven(s), cook top stove, microwave oven, hood-fan, intercom and installed carpeting located on the premises which are the property of Seller. The Property also includes the following personal property: NONE. B. Buyer desires to purchase the Property according to the terms and conditions of this Agreement, which includes the right of the Seller to lease the Property from Buyer after closing. AGREEMENT 1. Offer/Acceptance for Sale of Property. The Seller agrees to sell the Property to the City and the City agrees to purchase the same, according to the terms of this Agreement. 2. Purchase Price for Property and Terms. A. PURCHASE PRICE: The total purchase price for the Property is One Hundred Forty Nine Thousand Nine Hundred and 00/100ths Dollars ($149,900.00) (the "Purchase Price"). B. TERMS: (1): EARNEST MONEY. The sum of NO Dollars ($0.00) (the "Earnest Money") shall be paid by the Buyer to the Seller. (2): BALANCE DUE SELLER. Buyer agrees to pay by check or electronic transfer of funds on the date of closing on the Property (the "Closing Date") any remaining balance of the Purchase Price due to Seller according to the terms of this Agreement. 1 419663v2 CAH RC145-661 _ [ • Inb -� (3): DEED/MARKETABLE TITLE. Subject to performance by Buyer, Seller agrees to execute and deliver a Warranty Deed or Personal Representative's Deed conveying marketable title to the Property to Buyer, subject only to the following exceptions: a. Building and zoning laws, ordinances, state and federal regulations. b. Reservation of minerals or mineral rights to the State of Minnesota, if any. c. Public utility and drainage easements of record which will not interfere with Buyer's intended use of the Property. (4): DOCUMENTS TO BE DELIVERED AT CLOSING BY SELLER. In addition to the Warranty Deed required at paragraph 2B(3) above, Seller shall deliver to the Buyer: a. Standard form Affidavit of Seller. b. A "bring-down" certificate, certifying that all of the warranties made by Seller in this Agreement remain true as of the Closing Date. c. Certificate that Seller is not a foreign national. d. If an environmental investigation by or on behalf of the Buyer discloses the existence of petroleum product or other pollutant, contaminant or other hazardous substance on the Property, other than asbestos, Seller will provide either (i) a closure letter from the Minnesota Pollution Control Agency (MPCA) or other appropriate regulatory authority that remediation has been completed to the satisfaction of the MPCA or other authority; or (ii) Agreement for remediation/indemnification and security as the City may require. e. Well disclosure certification,if required, or, if there is no well on the Property, the Warranty Deed given pursuant to paragraph 2B(3) above must include the following statement: "The Seller certifies that the Seller does not know of any wells on the described real property." If Seller is unaware of the location of a well and there is a building permit issued for the Property prior to installation of a City water system, the Seller agrees to have a licensed well contractor examine the Property for purposes of locating a well. Buyer will 2 419663v2 CAH RC145-661 • be responsible for the cost of sealing any well. f. Any other documents reasonably required by the Buyer's title insurance company or attorney to evidence that title to the Property is marketable and that Seller has complied with the terms of this Agreement. (5) SELLER OPTION TO LEASE OR OCCUPY. At the Closing, Seller may elect to (a) lease the Property from Buyer beginning on the Closing Date, according to the terms and conditions set forth in the Lease attached as Exhibit B; if Seller exercises this option, the Buyer and Seller shall execute and deliver the Lease at Closing; or (b) occupy the Property for a period not to exceed 90 days, according to the terms and conditions set forth in the Escrow andOccupancy Agreement attached as Exhibit C; if Seller exercises this option, the Buyer and Seller shall execute and deliver the Escrow and Occupancy Agreement at Closing; or (c) deliver possession of the Property to Seller on the Closing Date. Seller must make the election at Closing, and Seller's election shall be irrevocable. 3. Contingencies. Buyer's obligation to buy is contingent upon the following: a. Buyer's determination, in its sole discretion, that the results of any environmental investigation of the Property conducted pursuant to this Agreement are satisfactory to Buyer. Buyer shall have until May 30, 2013 to make its determination. In the event Buyer's environmental investigation requires performance by Seller of the obligations in paragraph 2B(4)d, Seller may instead terminate this Agreement. The contingency at above is solely for the benefit of Buyer and may be waived by Buyer. The contingency at b above may not be waived by either party. If Buyer or its attorney gives written notice to Seller that the contingencies are duly satisfied or waived, the Buyer and Seller shall proceed to close the transaction as contemplated herein. If one or more of Buyer's or Seller's contingencies is not satisfied, or is not satisfied on time, and is not waived, this Agreement shall automatically be void. In that event, Seller shall return the Earnest Money, if any, to Buyer, and Buyer and Seller shall execute and deliver to each other a termination of this Agreement. As a contingent Agreement, the termination of this Agreement is not required pursuant to Minnesota Statutes, Section 559.21, et. seq. Seller is expressly cautioned that this Agreement is not binding until all contingencies have been waived or satisfied. If Seller purchases a replacement dwelling before this Agreement is binding, Seller takes all risk of this Agreement being terminated,including the risk that Seller will be financially responsible for both the Property and the replacement dwelling. 4. Title Examination/Curing Title Defects. As soon as reasonably possible after execution of this Agreement by both parties, 3 419663v2 CAH RC145-661 �d D -5 (a) Seller shall surrender any abstract of title and a copy of any owner's title insurance policy for the property, if in Seller's possession or control, to Buyer or to Buyer's designated title service provider; and (b) Buyer shall obtain the title evidence determined necessary or desirable by Buyer. The Buyer shall have 20 days from the date it receives such title evidence to raise any objections to title it may have. Objections not made within such time will be deemed waived. The Seller shall have 90 days from the date of such objection to effect a cure; provided, however, that the Seller shall have no obligation to cure any objections, and may inform Buyer of such. The Buyer may then elect any of the following: (a) close notwithstanding the uncured objections; (b) commence a condemnation proceeding to acquire the Property by eminent domain, in which instance Seller agrees to stipulate to public purpose and stipulate to the entry of an award in the amount of the Purchase Price; or (c) or declare this Agreement null and void, and the parties will thereby be released from any further obligation hereunder 5. Environmental Investigation. The Seller warrants that the Property has not been used for production, storage, deposit or disposal of any toxic or hazardous waste or substance, petroleum product or asbestos product during the period of time the Seller has owned the Property. The Seller further warrants that the Seller has no knowledge or information of any fact which would indicate the Property was used for production, storage, deposit or disposal of any toxic or hazardous waste or substance, petroleum product or asbestos product prior to the date the Seller purchased the Property. Notwithstanding the above, the Seller's warranty regarding petroleum products does not preclude the presence of heating oil or other similar products used as a heating fuel for the dwelling but the Seller does warrant that if there was a fuel tank on the Property used for the storage of heating oil or other similar product, the Seller has no knowledge of any leak in the tank or contamination caused thereby. Seller hereby grants to Buyer and Buyer's agents a license to enter and evaluate the Property for the purpose of conducting an environmental assessment. Further, the Buyer or Buyer's agent shall have the right pursuant to the license to bring persons and equipment onto the Property, make inspections and perform tests and analyses as Buyer may deem reasonable to determine the presence of any toxic or hazardous waste, substance, or petroleum product or asbestos product, and ascertain soil conditions on the Property. Buyer shall bear the cost of the environmental assessment. If the results of the environmental assessment are not to the satisfaction of the Buyer, the Buyer at its sole discretion may cancel this Agreement; provided, however, that the presence of asbestos may not be not a basis for canceling this Agreement. If the Buyer cancels this Agreement pursuant to this provision, the Buyer shall restore the Property to its original condition or nearly so as is reasonably practicable. 6. Real Estate Taxes and Special Assessments. Real estate taxes payable in the year of closing will be pro-rated between the Buyer and Seller to the Closing Date. Seller shall pay all real estate taxes payable in previous years, the entire unpaid balance of all levied special assessments, including installments payable after the year of closing; EXCEPT, Buyer will assume any pending assessments for the proposed 2013 Richfield Parkway improvement project, 4 419663v2 CAH RC145-661 • � D J -(o if that project is approved. Seller also agrees to pay all assessments related to service charges furnished to the Property prior to the Closing Date(e.g., delinquent water or sewer bills, removed or diseased trees), including those charges levied, pending, or certified to taxes payable in the year of closing. If closing occurs prior to the date the amount of real estate taxes due in the year of closing are available from Hennepin County, the current year's taxes will be pro-rated based on the amount due in the prior year. 7. Closing Date. The Closing Date will be on or before May 31, 2013. Delivery of all papers and the closing shall be made at the offices of the City's Public Works Department, 1901 East 66th Street, Richfield, Minnesota 55423, or at such other location as is mutually agreed upon by the parties. All deliveries and notices to City shall be made to the above address and marked to the attention of Kristin Asher. 8. Possession/Utilities/Removal of Property/Escrow. (a) Possession. The Seller agrees to deliver possession of the Property to Buyer not later than the Closing Date, or such later date as may be provided in the Escrow and Occupancy Agreement or Lease, as applicable, depending upon the election made by Seller at Closing (the "Possession Date"). (b) Utilities. City water and sewer charges, electricity and natural gas charges, fuel oil and liquid petroleum gas shall be pro-rated between the parties as of the Possession Date. Seller shall arrange for final readings as of the Possession Date. (c) Personal Property. The Seller agrees to remove all debris and all personal property not included herein from the Property before the Possession Date. Personal property not so removed shall be deemed forfeited to and shall become the property of the Buyer. The Buyer may charge and the Seller agrees to pay amounts reasonably necessary to remove any debris or personal property then remaining on the Property. The provisions of this paragraph shall not merge with the deed and shall survive closing on the property. Buyer agrees to remove the yard shed, swing set and basketball facilities at its own expense, and Seller may leave said items after vacating the Property. (d) Salvage. Seller may remove the following fixtures from the Property prior to Closing,provided Seller does not cause unnecessary damage to the Property: With regard to any rights of salvage herein, Seller will, and hereby agrees to, cap all gas, water and electric lines, pipes, wires and any other fixtures or systems related to the removal of any salvaged fixtures described herein. Seller agrees and warrants that all doors and windows shall be in place or sufficiently sealed. If Seller elects to lease the Property, this paragraph constitutes the Landlord's written consent to the salvage of items listed in this paragraph. 9. Seller Warranties. 5 419663v2 CAH RC145-661 lb (a) Sewer and Water. Seller warrants that the Property is connected to City sewer and City water. (b) Mechanics' Liens. Seller warrants that, prior to the closing, Seller shall pay in full all amounts due for labor, materials, machinery, fixtures or tools furnished within the 120 days immediately preceding the closing in connection with construction, alteration or repair of any structure upon or improvement to the Property. (c) Notices. Seller warrants that it has not received any notice from any governmental authority as to violation of any law, ordinance or regulation in connection with the Property. (d) Tenants. Seller warrants that the Property is not now occupied by tenants and was not occupied by tenants at the time the Seller first received the Buyer's written offer to purchase the Property. (e) Broker Commission. Each party represents to the other that it has not utilized the services of any real estate broker or agent in connection with this Agreement or the transaction contemplated by this Agreement. Each party agrees to indemnify, defend, and hold harmless the other party against and in respect of any such obligation and liability based in any way upon agreements, arrangements, or understandings made or claimed to have been made by the party with any third person. (f) Structures. The Seller represents that, to the best of its knowledge, the buildings, if any, are entirely within the boundary lines of the Property. The parties acknowledge that the Property is being sold in "as is" condition relating to the structural, operational, and mechanical systems. 10. Closing Costs/Recording Fees/Deed Tax. The City will pay: (a) the closing fees charged by the title insurance or other closing agent, if any, utilized to close the transaction contemplated by this Agreement; (b) fees for title evidence obtained by the City; and (c) the recording fee for the deed transferring title to the City; (d) transfer taxes, recording fees and well disclosure fees required to enable the City to record its deed from Seller under the Purchase Agreement; and (e) recording fee for any mortgage satisfaction document. Seller shall pay other fees and charges, if any, required to make Seller's title marketable. Each party shall pay its own attorney fees. 11. Inspections. From the date of this Agreement to the Closing Date, City, its employees and agents, shall be entitled to enter upon the Property to conduct such surveying, inspections, investigations, soil borings and testing, and drilling, monitoring, sampling and testing of groundwater monitoring wells, as the City shall elect; provided, that Seller is given at least 24 hours' notice. No invasive or destructive testing shall occur without the express written consent of the Seller, and any testing shall not interfere with the right of quiet enjoyment and habitability of the Seller while Seller is in possession. 12. Risk of Loss. It there is any loss or damage to the Property between the date 6 419663v2 CAH RC145-661 . 1 hereof and the Closing Date, for any reason including fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on the Seller. If the Property is destroyed or substantially damaged before the closing date, this Agreement shall become null and void, at the City's option. At the request of the City, Seller agrees to sign a cancellation of Agreement. After the date of Closing, the City shall assume all Risk of Loss to the Property and improvements thereon due to fire, vandalism, flood, earthquake or act of God, and hereby waives any claim that City may have against Seller for property damage or loss resulting from such causes, except those resulting from the intentional acts of the Seller. The City will not indemnify or hold harmless the Seller against any claims made by third parties against City for personal injury, death, or damage to third party's property that occur during Seller's possession of the Property. 13. Default/Remedies. If the Buyer defaults in any of the covenants herein, the Seller may terminate this Agreement, and on such termination all payments made hereunder shall be retained by the Seller as liquidated damages, time being of the essence. This provision shall not deprive either party of the right to enforce specific performance of this Agreement, provided this Agreement has not terminated and action to enforce specific performance is commenced within six months after such right of action arises. In the event the Buyer defaults in its performance of the terms of this Agreement and Notice of Cancellation is served upon the Buyer pursuant to Minn. Stat. Section 559.21, the termination period shall be thirty (30) days as permitted by Minn. Stat., Section 559.21, Subd. 4. 14. Notice. Any notice, demand, request or other communication which may or shall be given or served by the parties, shall be deemed to have been given or served on the date the same is personally served upon one of the following indicated recipients for notices or is deposited in the United States Mail, registered or certified, return receipt requested, postage prepaid and addressed as follows: SELLER: John and Beverly Lokken 6301 Bloomington Ave. Richfield, MN 55423 BUYER: City of Richfield Attn: Kristin Asher 1901 East 66th Street Richfield, MN 55423 With a copy to: Kennedy& Graven, Chartered ATTN: Corrine Heine and Catherine B. Rocklitz 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 15. Entire Agreement. This Agreement, Exhibits, and other amendments signed by 7 419663v2 CAH RC145-661 I -q the parties, shall constitute the entire Agreement between Seller and the City and supersedes any other written or oral agreements between the parties relating to the Property. This Agreement can be modified only in a writing properly signed on behalf of Seller and the City. 16. Survival. Notwithstanding any other provisions of law or court decision to the contrary, the provisions of this Agreement shall survive closing. 8 419663v2 CAH RC145-661 JDb - ItO IN WITNESS WHEREOF,the undersigned have executed this Agreement on the date and year above. Buyer: Seller: City of Richfield D` Al ,t/By: Its Mayor And by: Its City Manager 9 419663v2 CAH RC145-661 • lb b (D — ) 1 EXHIBIT A Legal Description of Property Lot 20, Block 10, Girard Parkview Addition, Hennepin County, Minnesota A-1 419663v2 CAH RC145-661 EXHIBIT B ESCROW AND OCCUPANCY AGREEMENT THIS AGREEMENT entered into as of , 2013, by and among John Lokken and Beverly Lokken, husband and wife ("Occupant" or "Seller"), City of Richfield, a Minnesota municipal corporation, ("Buyer" or "City") and KENNEDY & GRAVEN, CHARTERED ("Escrow Agent" or"Agent"). RECITALS A. Occupant and Buyer have entered into a Purchase Agreement dated February 8, 2013 ("Purchase Agreement") for the sale of property located 6301 Bloomington Avenue South, Richfield, Minnesota and legally described as follows, the ("Subject Property") Lot 20, Block 10, Girard Parkview Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota B. The parties desire to close the sale of the Subject Property on , 2013 and that Occupant deliver possession to Buyer on or before , 2013 [a date not later than 30 days after the Closing Date]. AGREEMENT The parties agree as follows: 1. Delivery of Possession. Occupant shall deliver possession of the Subject Property to Buyer on or before 4:30 p.m. on , 2013 [a date not later than 30 days after the Closing Date]. 2. Rent. Occupant may occupy the Subject Property through the date and time specified in paragraph 1 without payment of rent to Buyer. 3. No Damage. Occupant agrees not to cause damage to the Subject Property or to any structure located on the Subject Property and agrees to deliver possession of the Subject Property to the Buyer in substantially the same condition as existed on the date the parties entered into the Agreement, except for salvage of items as permitted in the Purchase Agreement. Occupant agrees not to cause any unnecessary damage to the Property in conducting salvage activities. 4. Utility Bills. Occupant agrees to pay for all utility services to the Subject Property through the last day of their occupancy. Utility services include the following: sewer and water, electricity, gas, telephone, garbage collection and cable television. 5. Uninsured Damages/Insurance Occupant is responsible for any and all damages that may occur to the Subject Property before she vacates the property that are not covered by insurance. At all times during their occupancy of the Subject Property Occupant shall maintain a policy of public liability insurance covering Occupant and the Buyer as additional insured, in the A-1 419663v2 CAH RC145-661 3 amount of at least$100,000 and a policy of insurance covering Occupant's personal property. 6. Escrow. (a) Upon closing and execution of this Agreement, Seller agrees to deposit into escrow the sum of$500.00 (the "Escrowed Funds") from the purchase price, to be held by Agent in a non-interest bearing account. (b) Within 7 days after request by Agent, Buyer shall provide to Agent (with copy to Seller) evidence of unpaid rent pursuant to this Agreement, expenses incurred for the removal and disposal of personal property and for payment of utility charges for services provided to the Subject Property prior to date of possession, if any. Agent shall reimburse Buyer for the unpaid rent and incurred expenses from the Escrowed Funds within 7 days following receipt of such evidence from Buyer. (c) Agent shall deliver to Seller the balance of the Escrowed Funds on deposit, less deductions provided for in paragraph 6 (b) above, no later than 60 days following vacation of the Subject Property by Seller. 7. Escrow Agent Liability. The sole duties of Escrow Agent shall be those described herein, and Escrow Agent shall be under no obligation to determine whether the other parties hereto are complying with any requirements of law or the terms and conditions of any other agreements among said parties. Escrow Agent may conclusively rely upon and shall be protected in acting on any notice believed by it to be genuine and to have been signed or presented by the proper party or parties, consistent with reasonable due diligence on Escrow Agent's part. Escrow Agent shall have no duty or liability to verify any such notice, and its sole responsibility shall be to act expressly as set forth in this Escrow and Occupancy Agreement. Seller and Buyer understand that Agent is legal counsel to the Buyer and each consents to Agent's serving as Escrow Agent notwithstanding such representation. In the event Agent determines, in its sole discretion, that it cannot continue to serve as Escrow Agent herein, Agent shall deposit the funds with Old Republic National Title Insurance Company or such other Escrow Agent as is acceptable to Seller and Buyer. Seller consents to Agent's continued representation of Buyer after a deposit is made, and Buyer agrees to pay all escrow fees charged by the substitute Escrow Agent. 8. Notices to be sent to the parties to this Agreement shall be sent by mail or personal delivery to: SELLER: John and Beverly Lokken 6301 Bloomington Avenue South Richfield, MN 55423 A-1 419663v2 CAH RC145-661 ' BUYER: Kristin Asher City of Richfield 6700 Portland Avenue South Richfield, MN 55423-2599 AGENT: Kennedy& Graven, Chartered Attn: Catherine Rocklitz 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 IN WITNESS WHEREOF, the parties have executed this agreement as of the date first written above. SELLER: BUYER: City of Richfield By: Mayor John Lokken By: City Manager Beverly Lokken SAMPLE—NOT FOR EXECUTION ESCROW AGENT: KENNEDY & GRAVEN, CHARTERED By: Corrine A. Heine A-1 419663v2 CAH RC145-661 EXHIBIT C LEASE AGREEMENT This is a lease. It is a legal agreement between the Tenant and the LANDLORD to rent the Leased Premises described below. The word Landlord as used in this Lease means City of Richfield, a Minnesota municipal corporation, located at 6700 Portland Avenue South, Richfield, Minnesota. The word Tenant as used in this Lease means John Lokken and Beverly Lokken, husband and wife. This Lease is a legal contract that can be enforced in court against the Landlord or the Tenant if either one of them does not comply with this Lease. A written copy of this Lease will be delivered to the Tenant. 1. Description of Leased Premises. The address of the Leased Premises is 6301 Bloomington venue South, Richfield, Minnesota, and the legal description is: Lot 20, Block 10, Girard Parkview Addition, Hennepin County, Minnesota 2. Term of Lease. This Lease is for a term beginning on [ ], 2013 at 12:00 a.m. and ending at 11:59 p.m. on 3. Rent. a. Amount. The rent for the Leased Premises is Eight Hundred Fifty and 00/100ths Dollars ($850.00) per month. The rent for any partial month shall be prorated accordingly. The obligation to pay rent commences one month days after the date of this Lease. No rent is payable for the first month of this Lease. b. Payment. Rent shall be payable on the 1st day of each month during the term of this Lease. Rent shall either be paid monthly by Tenant or pursuant to the terms of paragraph 4 of this Lease. . 4. Security Deposit/Escrow. At commencement of this Lease, Tenant must pay $500 to Landlord as a security deposit, which Landlord must deposit in an interest-bearing account (the "Security Deposit"). Tenant may also elect to prepay the rent for the entire lease term into a separate Rent Escrow Account. Landlord is authorized to pay the following from such accounts: a. If Tenant has prepaid rent, Landlord may withdraw rent from the Rent Escrow Account as it becomes due and payable. B-1 419663v2 CAH RC145-661 b. Landlord may pay bank charges for the Rent Escrow Account from the accumulated interest in that account. Landlord shall be responsible for bank charges to the extent that they exceed accumulated interest. c. Landlord shall pay to Tenant the balance of the Rent Escrow Account, less deductions provided for in paragraph 4(b) above, no later than 30 days following vacation of the Property by Tenant. d. Landlord may use the $500 security deposit in the manner allowed by Minnesota Statutes section 504B.178, including without limitation, payment for the removal and disposal of Tenant's personal property and for payment of utility charges for services provided to the Property prior to termination of the Lease. Landlord shall comply with Section 504B.178. 5. Quiet Enjoyment. If Tenant pays the rent and complies with all other terms of this Lease, Tenant shall have the right to use and enjoy the Leased Premises for the term of this Lease; provided, however, that Landlord, its contractors, employees and agents shall have the right to enter portions of the Leased Premises (not including any structures), without prior notice to Tenant, for any purpose related to the Richfield Parkway improvement project, including but not limited to surveying and inspection, on the condition that such activities shall not unreasonably interfere with Tenant's use of the residential dwelling located on the Leased Premises. 6. Use of Leased Premises. The Leased Premises must be used only as a private residential dwelling and for no other purpose. The Tenant may not use the Leased Premises for any unlawful activity. In particular, Tenant agrees that (a) Tenant will not unlawfully allow controlled substances in the Leased Premises; and (b) the property will not be used by the Tenant or others acting under her control to manufacture, sell, give away, barter, deliver, exchange, distribute, or possess a controlled substance in violation of any local, state, or federal law, including Minnesota Statute Chapter 152. This agreement by Tenant is not violated if a person other than Tenant possesses or allows controlled substances in the Leased Premises or on the property unless the Tenant knows or has reason to know of the activity. Tenant(s) will not use the Leased Premises and its curtilage for prostitution. Tenant(s) will not unlawfully use or possess a firearm in the Leased Premises or its curtilage. If unlawful activities are conducted by Tenant or with Tenant's knowledge, Landlord may bring or assign to the county attorney an action for unlawful detainer. The Tenant may not use the Leased Premises for the purpose of carrying on any business, profession or trade. 7. Maintenance and Repair. a. By Landlord. It is understood that the Leased Premises have been occupied by Tenant for several years prior to the commencement of this Lease, and the Leased Premises have not been under Landlord's possession or control. Therefore, Landlord makes no representations or promises to Tenant that the Leased Premises is fit for use as a residence, and Tenant acknowledges that B-2 419663v2 CAH RC145-661 continued occupancy of the Leased Premises is solely at Tenant's risk. Landlord shall have no obligation to maintain or repair the Leased Premises, except for material damage to the residential structure that is directly caused by the actions of Landlord, its contractors, employees or agents, and except for providing routine lawn mowing. b. By Tenant. Tenant promises, at Tenant's expense, to make all minor repairs and eliminate any violation of health and safety laws that may exist, now or in the future, on the Leased Premises, except those that are the responsibility of Landlord under this lease. Tenant shall have the right, but not the obligation to make major repairs to the Leased Premises and to deduct the cost of the same from the Rent payable under this Lease, provided that Tenant p;rovides Landlord with a copy of the paid receipts for such repairs. A minor repair under this Lease is any repair costing less than $250, and a major repair is any repair costing $250.00 or more. Tenant shall comply with all the sanitary laws affecting the cleanliness, occupancy and preservation of the Leased Premises, except where the Landlord is required by law to comply with the health and safety laws (see Minn. Stat. § 504B.161). Tenant agrees to perform all snow removal on the Leased Premises at Tenant's cost and expense: 8. Alterations. Tenant may not make any alterations to the Leased Premises without the prior written consent of the Landlord. 9. Damage to Leased Premises. If the residential structure on the Leased Premises is damaged or destroyed, Landlord shall have no obligation to rebuild or make repairs. 10. Utilities and Taxes. Tenant shall pay for all utilities provided to the Leased Premises. Tenant shall be responsible for all real or personal property taxes, if any, that accrue as a result of the lease, pursuant to Minn. Stat. § 272.01, subd. 2. Tenant shall be entitled to a reduction in the agreed upon Rent for any such tax payments made by Tenant. 11. Tenant's Right to Seek Police or Emergency Assistance. Tenant has the right to seek police or emergency assistance for domestic abuse or other conduct. Landlord cannot bar or limit this right nor can Landlord penalize Tenant for exercising this right. This right cannot be waived by Tenant and Landlord cannot require this right to be waived. 12. Assignment and Subletting. Tenant may not assign this Lease, lease the Leased Premises to anyone else (sublet), sell this Lease or permit any other person to use the Leased Premises without the prior written consent of the Landlord. If Tenant does, Landlord may terminate this Lease as described in Paragraph 16 of this Lease. Any assignment or sublease made without Landlord's written consent will not be effective. 13. Surrender of Premises. Tenant shall move out of the Leased Premises when this Lease ends. When Tenant moves out, Tenant shall remove all personal property from the Leased Premises and shall leave the Leased Premises in as good condition as it was when the Lease B-3 419663v2 CAH RC145-661 r - f started, with the exception of reasonable wear and tear. Except as provided in the Purchase Agreement between Tenant and Landlord dated , 2013, Tenant may not salvage any materials (such as copper, light fixtures, etc.) from the Leased Premises without obtaining the Landlord's prior written agreement. Landlord may condition its agreement upon Tenant's payment of a reasonable value for the materials to be salvaged. Landlord shall provide relocation assistance and benefits to Tenant as required by the Minnesota Uniform Relocation Act, Minn. Stat. § 117.50 to 117.56. 16. Lease Termination. Landlord may terminate this Lease prior to the expiration date only if (a) the residential dwelling is determined by the appropriate regulatory authority to be unfit for human habitation under applicable laws and ordinances or (b) as allowed by law under Minn. Stat § 609.5317. Tenant may terminate this Lease at any time by giving 10 days' prior written notice to Landlord. Rent shall be prorated to the date of termination. 17. Notices. Any notice required under this Lease shall be deemed given upon hand delivery or three (3) days after prepaid posting in the U.S. Mail, whichever shall first occur. Notice shall be addressed to: Landlord at: City of Richfield Attn: Kristin Asherf 1901 East 66t1i Street Richfield, MN 55423 Tenant at: John and Beverly Lokken 6301 Bloomington Avenue South Richfield, MN 55423 Where in this Lease a certain number of days from date of notice to a given action is specified, unless the specific provision otherwise states, the days shall be counted as follows: the first calendar day shall be excluded and the last day shall be included, unless the last day is a Saturday, Sunday or legal holiday, in which event the period shall be extended to include the next day which is not a Saturday, Sunday or legal holiday. B-4 419663v2 CAH RC145-661 ) H9 LANDLORD: City of Richfield TENANT: By Its City Manager Date: , 2013 Date: , 2013. B-5 419663v2 CAH RC145-661 A //��/ 11 SIB/R P.7 i PI STL - '!=741.00 I'I EL $39.83 - CUP.tE LEI! = 90.00 o, .. N to > • a 0 • R Pt sT ;t5.00 W F Q m N '; . \ .P1 EL 324.33 , w ., o II II \ C UP E L E. =i`1 0.00 v, �- 7i N tD a. a au 11 ii • J R ' — sr w GO F 1 'I \ 9 LL LL I 1. - N w \ r1.50; P" \ _ .Pt 'L1_ - '1-e.00 i' , U CUP E LE=I - t C1.CC II ' c 1 w F u , S 2' 4 a cr OQ', .11 r- 8 2T N' ^ l 0u P<7 NIL' .?fW r c P,r- N: m N O C „6 W 6 Mrvl n N � f l N t N-; W ',7. tlJ -, W 2.tt'l W 7, W m !1� W v W 4 W¢ W a> W v W n W Z W m N� W m N f m tlJ .a: } r t W re Z` p. Y'i F? ww 1,`,.> _ I 2450 ADT • ii 2500 ADT* A;y 200 ADT 111 wilikkas- co, e, _ ......... _il■ . • • i\ 11 IIMI g 8 oa in 0 00 +• M v 00 QQ ID 0 00 Cr? 0' U)0 Of I- I- CM M 0 0 44 co In o co Street to Remain Closed Z 400 ADT 200 ADT X 00 0 in a, m I- I- 0 0 a0 A"I as 0 0 + + 00 CO I-I- e• a- 0 0 44 00 i 0 m v ,.., „., 1 D I ,. ,k, Potential Property Tracts 200 ADT(+100) 2011 Forecast Average D.ly Traffic 200 ADT ( ) 1850 ADT(-950) 65th Street Opel 100 ADT” (Change from Exishg) 2011 Forecast Average D,ly Traffic Street Potentially 1900 ADT(-900) 65th Street CIosd Permanently Close (Change from Exishg) CITY Richfield Parkway North Connection Study 25 mph Curve Alternativf RICHFIELD _ City of Richfield, Minnesota January 19, 201 ' AGENDA SECTION: CONSENT AGENDA ITEM# 10E REPORT# 74 STAFF REPORT RICHFIELD CITY COUNCIL MEETING APRIL 23, 2013 REPORT PREPARED BY: JEFF PEARSON, TRANSPORTATION ENGINEER NAME,TITLE DEPARTMENT DIRECTOR �^ , I- REVIEW: SIGNATU1 REVIEWED BY CITY MANAGER: 4]_%, /_ . / ITEM FOR COUNCIL CONSIDERATION: Consideration of • Approval for plan revisions to the East and West Connection Bicycle Route projects as recommended by the Transportation Commission I. RECOMMENDED ACTION: By Motion: Approve revisions to the West Connection and East Connection Bicycle Route Project Plans as recommended by the Transportation Commission. II. BACKGROUND Summary The Council originally approved bicycle routes for the construction of a West and East Connection in February of 2011. However, these plans were then changed, with Council approval, in July of 2012 due to unforeseen circumstances. The Transportation Commission is now recommending Council approval of the original plans (those approved in 2011) because of a new MN/DOT exception. History 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 recommendations, 04232013BikeRoutePlan the selected routes were approved for construction by City Council action on February 8, 2011. Plan Approval Process and Project Delay After City Council approval in early 2011, staff and the project consultant proceeded with finalizing plans for MN/DOT's approval and other review agencies. One of the bike routes included Bloomington Avenue and 73rd Street. These streets are designated State Aid Routes and as such any changes to the street layout and lane widths are subject to MN/DOT State Aid Office review and approval. This approval process proved to be a long, tedious procedure requiring additional design applications and numerous adjustments to the project plans. On June 26, 2012, staff was informed that the project plans using the revised "Advisory Bike Lanes" were approved by the MN/DOT State Aid Office contingent on receiving approval from the City. The City Council approved these plan changes to use Advisory Lanes at the July 10, 2012 Council meeting. Project Developments The project bid opening was held on September 13, 2012. No bids were received and it was decided to bid the project again in the spring of 2013. In the interim several important project developments emerged: • Complaints continued on the design of the Wooddale Avenue bike routes that use Advisory Bike Lanes similar to those prosed on the East Connection Route. • The Transportation Commission reviewed the Advisory Lane Design and recommended at the March 6, 2013 meeting to revert design back to the original approved plans. • The MN/DOT State Aid Office contacted the City on March 29, 2013 to notify staff that a design exception had been approved and that the original project plans would be accepted. The routes and designs on the newly approved plans are identical to those approved by the City Council in 2011. The only addition to those plans that are now included is: • Traffic control devices on the West Connection Route. Based on complaints of vehicle speeds from residents along Humboldt Avenue, staff requested the addition of dynamic speed signs to the West Connection Route on Humboldt Avenue. This item will likely be listed as an alternate bid item and inclusion in the project will depend on available funds after final bids are received. Next Steps Upon City Council approval to revert to the original design, MN/DOT will process the required design exception. The project will then go out for bid so construction can begin in the summer of 2013. III. BASIS OF RECOMMENDATION A. POLICY • The East and West Connection Bicycle Route projects were originally approved by the City Council on February 8, 2011. B. CRITICAL TIMING ISSUES • The project is on schedule to receive a MN/DOT Design Exception this spring and be constructed this summer. C. FINANCIAL • The estimated cost of construction is $280,730 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 RECOMMENDATIONS) • The Council may choose not to approve changes at this time and direct staff on how to proceed. V. ATTACHMENTS • Non-motorized Pilot Program Projects Map • Original Approved Striping Sections VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None /0 I East Connection Bicycle Route Bloomington Avenue (62nd St. to 66th St.) & 73rd Street Previously Approved Plan Layout ivqac6E0 1 D' 113' 5' BIKE DreivE. -DRIvE BIKE LANE LANE LANE LANE -i" 4 t 7' PARK ENG PARK INU rt171 II Cf I 1 t 1 oil i f 1 r i i 11 Li. i i 1 1 43 N 1 I East Connection Bicycle Route Bloomington Avenue (66th St. to Diagonal Blvd) Previously Approved Plan Layout 1.4-11#06Eu 6. 10' DIKE 3RI YE 1 4' NM 1• LANE LANE CiLiTIE LANE PARKING NO I PARK ING I t - - rill cif A 4a0 fraq1,-41 i LAL-41 ') mac 1 ni No.1 li Non-Motorized Pilot Program Protects City of Richfield. MN RICHFIELD / OG 'd WEST PROJECT AREA EAST PROJECT AREA ,t L i:1. f. xxci 'zi �i'+• Crosstown Hwr• • •C4.1) 62 BT • • • • • • 0 77 6, • a f N D IF:lar',. ri H . 6 C y Road 53 �� •1 t 1 °� ,k°aa, • Jr.`:,.;:.;,n C :1-r;;,;;;:I r,-7 iir, :;r:, s • P.,1k _ P;.rk 1-i SI M t=1nn'', N)(4 •d A3Od i • W 70th St t► *Nature t ;it F /1;t St • - �_ r United Hebrew J ' • Cemetery N • 0 B'nai Emet •, a Cemetery ? • �, • • a K irk r, . • � ! i ! liiilt! 4i W • n a 9 = _-- a- 1-1 ,V i 6!h St W • 1 Hth St �'edmr� .4 as- nt . , 5 I Y:■1•.:111;•::1-1 t e I P.:.k ip (n L P0111 St r 79%St W 70th St VbikiOtt)St V LEGEND 0 TRANSIT STATION (EXSITING/PROPOSED) MB ti IN REGIONAL TRAIL • • • • • ON-STREET ROUTE ElSIGNALIZED INTERSECTION AGENDA SECTION: CONSENT AGENDA ITEM# 10F REPORT# 75 STAFF REPORT RICHFIELD CITY COUNCIL MEETING APRIL 23, 2013 REPORT PREPARED BY: WAYNE KEWITSCH, FIRE CHIEF NAME,TITLE DEPARTMENT DIRECTOR P. REVIEW: AT , ,dirA d'. / vow: v- si A u REVIEWED BY CITY - MANAGER: C/' ITEM FOR COUNCIL CONSIDERATION: Consideration to reject all bids submitted for Fire Station 2 renovation project. I. RECOMMENDED ACTION: By Motion: Reject all bids submitted for the renovation of Fire Station 2. e II. EXECUTIVE SUMMARY On September 11, 2012, Council passed an ordinance to authorize expenditures to perform a capital upgrade of Fire Station 2. At that time the projected budget was estimated at $900,000 which included construction, design, facility upgrades and temporary facilities to maintain operations. Plans and specifications were prepared by Leo A Daly architects and an advertisement for bids was published on March 14, 2013. The City received eight bids for construction ranging from $804,400 to $1,150,800. When soft costs (temporary facilities, design fees, asbestos abatement, site surveys, etc.), a 10% construction contingency and construction costs were added together, the total project cost increased to approximately $1.2 million. The increase in cost is primarily due to several items that came to light during the design phase of the project: • Complete replacement of the sewer line from the structure to the street is required. • Replacement of the floor drains on the apparatus floor and in the hose tower along with the flammable waste trap is necessary (Council Memo - 0311312013). This necessitates partial replacement of the apparatus floor along with a complete removal and replacement of the floor's epoxy coating. • Additional landscape and screening requirements to meet City requirements. • Temporary relocation of fiber optic network during construction. • Additional fencing to isolate backup power generator. • Higher than estimated cost for temporary facilities due to market shortage of temporary housing structures. The most significant cost increase from estimate was for the new façade. Based on the contractor's statement of values, the façade alone is $180,000. Should Council reject all submitted bids, the next step will be to complete an alternate design that will exclude the new façade and instead include it as an alternate in the bid package. It is anticipated that the second bid opening would be held early in May with contract award during the May 28, 2013 Council meeting. Construction would begin in June with substantial completion by the end of September. III. BASIS OF RECOMMENDATION A. POLICY • The City has the authority to reject all bids and re-bid the project. • In similar situations, the City has rejected all bids and started the bidding over. • The new bid documents will provide for a number of alternates that would provide the City with decision points concerning the amount of additional cost, if any, that would be expended for the building façade. B. CRITICAL TIMING ISSUES • Council action is required in order to be able to complete the re-bid process in a timely manner, and still be able to take advantage of the summer construction season. C. FINANCIAL • Costs associated with re-bidding the project will be minimal. • There will be some additional design costs (approximately $10,000) associated with developing an alternative design for the bid which will exclude the addition of the new façade. The new façade will be included in the re-bid package as an add alternate. • $900,000 in funding has been identified and set aside for the project. D. LEGAL • Legal Counsel has been consulted regarding this situation. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • None. V. ATTACHMENTS • Bid tabulation worksheet from the April 4, 2013 bid opening. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. CITY OF RICHFIELD, MINNESOTA F- Bid Opening April 4, 2013 2:00 p.m. Fire Station No. 2 — 2013 Renovation Bid No. 13-04 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Fire Station No. 2 — 2013 Renovation, as advertised in the official newspaper on March 14, 2013. Present: Nancy Gibbs, City Clerk Wayne Kewitsch, Fire Services Director/Fire Chief Mike Dobesh, Assistant Fire Chief Dave Conrads, Building Operations Manager Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Addenda Bid , Lump Sum Alternate Alternate Alternate Alternate Bidder's Name Bond Receipt Base Proposal #1 #2 #3 #4 #1 & 2 CM Construction Co. Yes Yes $ 971,000.00 $27,000.00 $ 6,800.00 $ 7,200.00 $15,000.00 Burnsville, MN Parkos Construction Co. Yes Yes $1,150,800.00 $28,500.00 $ 5,800.00 $ 7,500.00 $14,500.00 West St. Paul, MN **A&L Construction, Inc. Yes Yes $ 804,400.00 $26,500.00 $ 8,000.00 $ 8,000.00 No Bid Maple Grove, MN Ebert Construction Yes Yes $ 968,802.00 $26,700.00 $ 5,800.00 $ 7,400.00 $11,400.00 Corcoran, MN James Steel Construction Yes Yes $ 902,700.00 $25,000.00 $ 6,900.00 $ 6,860.00 No Bid St. Paul, MN Brennan Companies Yes Yes $ 909,000.00 $23,400.00 $ 7,000.00 $ 6,100.00 $12,000.00 Mankato, MN JS Cates Construction, Inc. Yes Yes $ 985,000.00 $33,000.00 $ 6,000.00 $10,000.00 $10,000.00 Hamel, MN Terranov, LLC Yes Yes $ 997,000.00 $21,800.00 $ 8,900.00 $ 7,400.00 $11,700.00 Edina, MN ** Bid was withdrawn after bid opening The City Clerk announced that the bids would be tabulated and considered at the April 23, 2013 City Council Meeting. Nancy Gibbs City Clerk AGENDA SECTION: OTHER BUS. AGENDA ITEM# 12 REPORT# 76 STAFF REPORT RICHFIELD CITY COUNCIL MEETING ammilmemi APRIL 23, 2013 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: SIGNA i'• REVIEWED BY CITY MANAGER: J`�' �� ITEM FOR COUNCIL CONSIDERATION: Consideration of a motion to adopt the attached Richfield Recreation Services Healthy Food and Beverage Policy for all City owned park and recreation concession facilities. I. RECOMMENDED ACTION: By Motion: Adopt the attached Richfield Recreation Services Healthy Food and Beverage Policy for all City owned park and recreation concession facilities. II. BACKGROUND The City of Richfield has been actively participating in the Statewide Health Improvement Program (SHIP) and has completed a number of initiatives to improve the health of the Community. The City received a number of grants that help support the development of a comprehensive tobacco ordinance for parks, a revised bike plan, and a satellite farmers market. Another initiative that is included in the grant work plan is purchasing of new menu boards for all City-owned concession facilities to prominently display healthy food choices in conjunction with the development of a concession policy. The Community Services Commission reviewed the attached policy which utilizes the Smarter Choices Nutrition Guidelines as a base to define what a healthy food choice is as it related to the menu selection in the City owned concession facilities. The Commission is proposing that 30% of the menu items offered in the Ice Arena and Outdoor Pool meet these guidelines beginning in 2013 and 30% of the menu items offered in the athletic complexes at Lincoln Park, Roosevelt Park and Donaldson Park meet these guidelines beginning in 2014. The long term goal is that 40% of menu items should meet the guidelines. 0423 Healthy Food and Beverage Policy Food sold in vending machines has been temporarily removed from the policy because there is a lack of prepackaged food items that meet the guidelines. III. BASIS OF RECOMMENDATION A. POLICY • The attached policy serves as guideline for product selection of items sold in City owned concession facilities. If adopted, it will be the responsibility of the Recreation Services Director to enforce the policy. B. CRITICAL TIMING ISSUES • Staff has already taken steps to comply with the policy for the upcoming summer concession season at the outdoor pool. • Board members of the local athletic associations that use City owned concession facilities have been approached by staff and are supportive of the proposed policy. The implementation plan allows each athletic association a year to prepare for compliance. • The policy does not force the public into choosing only healthy food options. Rather, the policy insures that there are always healthy items available at City concession stands that meet written healthy guidelines that help the consumer make the healthy choice an easy choice. C. FINANCIAL • There are no financial obligations associated with this policy in relation to the SHIP grant funds received. The cost of the new menu display boards are paid by SHIP funds. • Staff was initially reluctant to offer healthy items in our concession facilities because of the general understanding that healthy food and beverage products are not as profitable as unhealthy products. The SHIP grant funded an expert concession consultant to train staff on practices that improve profitability of healthy menu choices. D. LEGAL • None E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • None V. ATTACHMENTS • Richfield Recreation Services Department Healthy Food and Beverage Policy. • Smarter Choices Nutrition Guidelines. VI. PRINCIPAL PARTIES EXPECTED AT MEETING Joan Bulfer, Bloomington Health Department /a � o RICHFIELD RECREATION SERVICES DEPARTMENT HEALTHY FOOD AND BEVERAGE POLICY MARCH 19, 2013 Purpose The City of Richfield Recreation Services acknowledges the rise in childhood obesity in our nation. This rise in obesity puts them at risk for health concerns such as diabetes, cardiovascular disease, and elevated cholesterol and blood pressure levels. The purpose of this policy is to provide and promote healthy food and drink choices and to allow flexibility of implementation in the City of Richfield Recreation Concession Stands. The Recreation Services Department will divide city owned concession facilities into two categories: 1) Ice Arena and Outdoor Pool 2) Athletic Complexes, Lincoln Park, Roosevelt Park and Donaldson Park concession facilities. Each category will have its own implementation plan. Philosophy/Background In 2010, twenty-eight percent of low-income children on the WIC program between the ages of 2-5 in Bloomington, Edina, and Richfield were overweight or obese. The 2010 Minnesota Student Survey results indicated that 41% of 9th grade boys, and 24% of 9th grade girls were overweight/obese. Fewer than 25% of youth surveyed consumed the recommended 5 servings of fruits and vegetables the day prior to the survey. Additionally, over 50% of students reported drinking at least one soda the day prior to the survey. As youth age, these behaviors can result in an adult population that is overweight or obese and manifest into chronic health conditions. This is evident by results from the 2010 Hennepin County Adult Health Survey (SHAPE), which showed over 50% of adults in the south suburbs (which includes Richfield) are overweight or obese--a rate similar to the overall Hennepin County rate. Obesity causes serious health conditions and results in significant financial burdens to individuals and taxpayers. Applicability 1. The City of Richfield Parks and Recreation Department will strive to make healthier food and beverage choices convenient, easy and affordable to residents, visitors and employees by implementing the attached Smarter Choices Nutrition Guidelines for Concessions and Vending. Target Goal for 2013 • At least 30% of snack and beverage products sold in the Ice Arena and Pool concession facilities, excluding vending machines, should meet the Smarter Choices Nutrition Guidelines for Concessions and Vending. • Develop a policy regarding food sold in Department vending machines. Target Goal for 2014 • At least 30% of snack and beverage products sold in the Lincoln Park, Donaldson Park and Roosevelt Park concession facilities, excluding vending machines, should meet the Smarter Choices Nutrition Guidelines for Concessions and Vending. Target Goal for 2015 Implement a healthy vending machine policy for all Department vending machines. Long Range Goal Strive for 40% of concession items to meet the Smarter Choices Nutrition Guidelines in all concession facilities operated by the Recreation Services Department. Exceptions This Policy excludes food sold through contracted vendors, and it does not apply to user groups that rent the City's facilities or special City events i.e. Fourth of July celebration or Mini Golf. Guiding Principals • Food Items and beverages meeting the Ice Arena's Nutrition Standards will be priced so that the Cost Of Goods Sold is between 30-40% • Placement of healthier options will be placed in the more visible locations in vending machines and on the concessions menu • A menu scheme should be in place to promote healthier foods as high performance foods • Meal deals should include at least one healthier product (fruit instead of chips) • Jumbo or king sized servings of items not meeting the Ice Arena's Nutrition Standards should be avoided • Beverages should be limited to 20 ounces • Whole grain products should be available • When a compliant choice is not possible, the healthiest of the available choices will be used o i.e. All beef hot dog vs. traditional hot dot /09 -3 Smarter Choices Nutrition Guidelines1 Concessions &Vending Machines Offering healthier options at City-operated concessions and vending machines is part of a broader commitment by the City to encourage long-term, sustainable changes that make the healthy choice the easy choice where people live,work and play. Improving the selection of foods and beverages provided will give patrons more opportunity to choose items that are lower in calories, fat, sugar and sodium while preserving individual choice. Because of the strong relationship between diet and health,the increasing rates of obesity and other chronic diseases,these guidelines promote the essential ingredients of a healthy diet and active lifestyle: • increased intake of fruits and vegetables • water consumption • decreased saturated fat, sodium, and sugar • increased whole grains • healthier portions. SNACKS/BEVERAGES Step 1 - Review each individually-sold snack item to determine if it meets the Minimum Nutrition Criteria. Step 2 -Use the Recommended Practices for Nutrition Quality, Portions,Pricing and Promotion to improve the overall healthfulness of menu and the appeal of healthier items. For example,a soft pretzel can be whole grain, a smaller size and served with mustard. The cheese option could be offered at an additional cost. Minimum Nutrition Criteria for Snack and Beverage Products These minimum criteria are applied to portions served or sold, not the serving size indicated on nutrition label. Foods 1. Limit calories to 250 or less 2. Limit calories from total fat to 35% or less (excluding legumes, nuts,nut butters, seeds, eggs, non-fried vegetables,and cheese packaged for individual sale). 3. Limit calories from saturated fat to 10% or less (excluding cheese) 4. Limit trans fat to 0.5 grams or less 5. Limit sugar to 35% or less by weight 6. Limit sodium to 480 mg or less Beverages 1. Water, including carbonated, with no caloric sweetener or caffeine 2. Coffee and tea, plain 3. Non-fat or 1% low-fat milk, including soy, cow's milk, chocolate, or other flavored milk, containing no more than 22 grams of added sugar per 8 oz. serving 4. 100% fruit or vegetable juice (Can be combined with carbonated water, not to exceed 12 oz.) 5. Non-caloric beverages 7. Sports drinks (<40 calories or less/8 oz serving) 6. No energy drinks Step 1 -For concession meal menu items,determine if any of the component parts can have a better nutritional quality by applying the Recommended Practices for Nutrition Quality. Step 2 -Whether or not the nutrition quality of a meal component can be improved,always try to apply other recommended practices relating to portion,pricing and promotion. Recommended Practices Nutrition Quality 1. Offer the healthiest food/beverage options possible for snacks and meals. (For example, in a hot dog meal,the hot dog itself can be changed to a leaner version of the same size hot dog resulting in fewer calories,fat and/or fewer milligrams of sodium. The bun can be whole wheat and the side dish can be baked chips instead of regular chips.) a. Lean and lower sodium protein foods (meats,poultry, fish and vegetarian options) b. Dairy products are 1% or skim c. Grain products are whole wheat/whole grain d. Yogurt products are low fat and low sugar e. Fruit- fresh or canned/frozen with no added sugar f. Vegetables`-fresh or canned/frozen that are lower sodium g. Chips - Baked h. Desserts-low-calorie i. Oils -Trans fat free; no breaded or fried items j. Condiments/Creamers - low-fat/low-calorie, served on the side 2. Offer and promote water as the preferred choice 3. Offer at least one healthier item in meal deals(e.g. fruit,vegetable or baked chips) 4. Offer fruit and/or vegetable side dishes 5. Use low-fat/low-calorie preparation methods such as grilling,baking, or sautéing with healthy fats; exclude cream sauces. 6. Include vegetarian options 7. Aim for 600 calories or less per meal; 900 mg sodium or less per meal Portions can be reduced. 1. Limit portion sizes to decrease the total calories, fat and sodium without changing the product itself or discontinuing a popular item that is not healthy(e.g. chips in 1.25-ounce packages, no king size packages, hot dog size changed from a 5/1 to a 6/1; 3 oz hamburger patties instead of 4 oz.,reduce meat/cheese in a deli sandwich, mini-muffins, smaller-sized cookies, smoothies, ice cream novelties, popsicles). 2. Limit beverage container size to no more than 20 ounces (except water). Regular soda no more than 12 ounces. Reduced-price or free refills are not offered. 3. Offer half- or reduced-size choices for some meals and concessions items (e.g. Y2 sandwich, cup of soup). 4. Use smaller plates, beverage cups and serving utensils to reduce the visual effects of smaller portions. Pricing of a menu item should be used to make the choice to purchase a healthier meal the better economic decision. 1. Price healthier foods the same or less than comparable unhealthy selections. Unhealthy options are priced higher and if offered as part of a meal,only as a more expensive upgrade choice, making the default side dish a salad or baked chips. 2. Offer specials or coupon discounts for healthier items only. Promotion efforts should make the healthier meal options more visible and appealing 1. Place healthier options to be more visible and appealing; front of counter/display case and/or at eye level. 2. Limit marketing of less healthy options. 3. Place healthier options in the center or upper left corner of the menu board. 4. Make the special or feature of the day a healthier option. TARGET GOAL The target goal for concession stands: • At least 40% of snack and beverage products sold in City operated concessions and vending should meet the Minimum Nutrition Guidelines for Snacks and Beverage Products • Apply Recommended Practices to at least 50% of meal options 1 Adapted from the following:US Health and Human Services/General Services Administration Healthy and Sustainable Food Guidelines;the Alliance for Healthier Generations guidelines; Healthier US School Challenge guidelines;and input from Bloomington City staff. http://www.gsa.gov/graphics/pbs/Guidelines for Federal Concessions and Vending Operations.pdf http://www.healthiergeneration.org/companies.aspx?id=2540 http://www.fns.usda.gov/tn/healthierus/2012criteria chart.html Bloomington Public Health—Statewide Health Improvement Program—October 2012 AGENDA SECTION: OTHER BUS. AGENDA ITEM# 13 REPORT# 77 STAFF REPORT RICHFIELD CITY COUNCIL MEETING APRIL 23, 2013 REPORT PREPARED BY: C i. '1- KR MHOLZ, EXEC. COORDINATOR NAM,T! REVIEWED BY CITYf MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of appointment to a City advisory commission. I. RECOMMENDED ACTION: By motion: Appoint person to fill the vacant term on the City advisory commission. II. BACKGROUND In January, 2013 the City Council made several appointments to the various City advisory commissions. However, there were some remaining vacancies. Applications continued to be accepted. The City Council interviews all applicants. III. BASIS OF RECOMMENDATION A. POLICY • The City advisory commissions were established by City ordinance or resolution. Interviews of the applicants are conducted at a Special City Council meeting. The required meeting notice is posted in accordance with the open meeting law requirements. B. CRITICAL TIMING ISSUES • One applicant was interviewed at Special City Council meeting on April 23, 2013. • A. LEGAL 0423commission • The Special City Council Meeting was posted in accordance with the open meeting law requirements. B. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATIONS) • Defer appointments to a later Council meeting. V. ATTACHMENTS • Commission vacancy list VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 1:02 PM 04/16/13 COMMISSION VACANCIES Term Expires ADVISORY BOARD OF HEALTH January 31, 2015 January 31, 2015 ARTS COMMISSION January 31, 2014 January 31, 2014 January 31, 2015 January 31, 2015 January 31, 2016 January 31, 2016 January 31, 2016 FRIENDSHIP CITY COMMISSION January 31, 2014 January 31, 2014 CN January 31, 2015 January 31, 2015 January 31, 2015 January 31, 2016 HUMAN RIGHTS COMMISSION January 31, 2014 Vacancies2011