072214CompleteAgenda CITY OF RICHFIELD, MINNESOTA
TUESDAY, JULY 22, 2014
RICHFIELD MUNICIPAL CENTER
6700 PORTLAND AVENUE
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SPECIAL CONCURRENT CITY COUNCIL AND PLANNING COMMISSION
WORKSESSION
BARTHOLOMEW ROOM
6:00 P.M.
AGENDA
Call to order
1. Discussion regarding The Academy of Holy Angels development proposal (Council
Memo No. 67)
Notes:
Adjournment
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REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS
7:00 P.M.
AGENDA
INTRODUCTORY PROCEEDINGS
Call to order
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 City Council Meeting of July 8, 2014; (2) Special
City Council Worksession of July 8, 2014; (3) Regular City Council Meeting of July 8, 2014;
and (4) Special Concurrent City Council and Transportation Commission Worksession of
July 9, 2014
PRESENTATION
1. Presentation by Volunteers Enlisted to Assist People (VEAP)
COUNCIL DISCUSSION
2. Council discussion
• Hats Off to Hometown Hits
Notes:
AGENDA APPROVAL
3. Council approval of the agenda
4. Consent Calendar contains several separate items, which are acted upon by the
City Council in one motion. Once the Consent Calendar has been approved, the
individual items and recommended actions have also been approved. No further
Council action on these items is necessary. However, any Council Member may
request that an item be removed from the Consent Calendar and placed on the
regular agenda for Council discussion and action. All items listed on the
Consent Calendar are recommended for approval.
A. Consideration of the approval of a temporary on-sale 3.2 percent malt liquor license
for the Church of the Assumption, 305 East 77th Street, for their annual Fun Fiesta
on August 17, 2014 S.R. No. 124
B. Consideration of the approval of a resolution authorizing the City of Richfield Police
Department to renew the co-operative agreement to continue membership in the
Hennepin County Violent Offender Task Force S.R. No. 125
C. Consideration of the approval of setting a public hearing on August 26, 2014
regarding the issuance of new on-sale wine and 3.2 percent malt liquor licenses for
Henry Thou d/b/a Red Pepper Chinese Restaurant, 2910 West 66th Street S.R. No.
126
D. Consideration of the approval of the Public Health Emergency Preparedness grant
from the State of Minnesota to the City of Richfield for the grant period of July 1,
2014—June 15, 2015 S.R. No. 127
E. Consideration of the approval of the an amended agreement with the City of
Bloomington for food inspection services for Richfield for 2014 S.R. No. 128
F. Consideration of the approval of a temporary on-sale intoxicating liquor license for
the Church of St. Peter, 6730 Nicollet Avenue, for their annual Pig Roast event on
August 16, 2014 S.R. No. 129
G. Consideration of the approval of the first amendment to the purchase agreement
dated November 2, 2011 by and between the City of Richfield and Lyndale Station
LLC S.R. No. 130
H. Consideration of the approval of the bid minutes/tabulation and award of contract to
Park Construction Company to repave the Wood Lake Nature Center parking lot in
the sum of$104,400 and authorize the Recreation Director to approve additional
contract work provided it does not exceed $50,000 S.R. No. 131
Notes:
5. Consideration of item(s), if any, removed from Consent Calendar
Notes:
PUBLIC HEARING
6. Public hearing to consider the issuance of new on-sale intoxicating and Sunday liquor
licenses with the optional 2 a.m. closing for Last Call Operating Co II, Inc., d/b/a
Champps Americana, 790 West 66th Street
Staff Report No. 132
Notes:
OTHER BUSINESS
7. Consideration of the award of contract to Midwest Playscapes, Inc. to replace the play
equipment in Veterans Memorial Park in the amount of$150,000
Staff Report No. 133
Notes:
CITY MANAGER'S REPORT
8. City Manager's Report
Notes:
9. 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:
10.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
July 17, 2014
Council Memorandum No. 67 PC Memorandum No. 11
The Honorable Mayor Members of the Planning Commission
and
Members of the City Council
Subject: Holy Angels Development Proposal
(Worksession Agenda Item no. 1)
Council Members and Planning Commissioners:
On November 26, 2014 Tom Shipley, President of The Academy of Holy Angels (AHA),
gave a presentation on Holy Angels' Strategic Framework and Campus Master Plan at
a joint City Council and Planning Commission Worksession. In that presentation, he
discussed the potential sale of the northeastern portion of the property (fronting 66th
Street and Nicollet Avenue) to a developer for future construction of retail development.
On April 28, 2014 the AHA Board voted to sell that piece of property to Semper
Development, Ltd.; who would like to develop the site with a Walgreen's store with
additional retail. The Purchase Agreement between AHA and Semper is contingent
upon the City granting the necessary approvals required for the development to
progress.
Semper has asked to discuss the feasibility of development at this corner with the City
Council and Planning Commission in a worksession. That worksession has been
sch-.uled for Tuesday, July 22 at 6:00 p.m.
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CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Special City Council Meeting
gt:64eed Advisory Board/Commission
Applicant Interviews
July 8, 2014
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 5:45 p.m. in the Babcock Room.
MEMBERS PRESENT: Debbie Goettel, Mayor; Suzanne Sandahl; Edwina Garcia; Pat Elliott;
and Tom Fitzhenry.
INTERVIEW OF APPLICANTS
The City Council conducted an interview of the following applicant for appointment to a City
Advisory Board and Commission:
Katie Eagle
ADJOURNMENT
The meeting was adjourned by unanimous consent at 5:55 p.m.
Date Approved: July 22, 2014.
Debbie Goettel
Mayor
Theresa Schyma Steven L. Devich
Deputy City Clerk City Manager
CITY COUNCIL MINUTES
Richfield, Minnesota
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� Special City Council Worksession
July 8, 2014
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 6:00 p.m. in the Bartholomew Room.
Council Members Debbie Goettel, Mayor; Sue Sandahl, Edwina Garcia; Pat Elliott; and Tom
Present: Fitzhenry.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Kristin
Asher, Assistant Public Works Director; Chris Link, Operations
Superintendent; Robert Hintgen, Utilities Superintendent; Jeff Pearson,
Transportation Engineer; Nancy Gibbs, City Clerk; and Theresa Schyma,
Deputy City Clerk.
Item # 1 DISCUSSION REGARDING THE 5-YEAR RECONSTRUCTION PLAN AND
STREETSCAPE MAINTENANCE POLICY (COUNCIL MEMO NO. 63)
Public Works Director Eastling stated that tonight's worksession is to present information to
the City Council regarding the 5-Year Street Reconstruction Plan (2015-2019) and the Streetscape
Maintenance Policy.
Assistant Public Works Director Asher discussed the following:
o Funding and timing for the proposed Five Year Street Reconstruction Plan
• Residential Mill & Overlay (2015-2020)
• 69th Street Reconstruction (2015)
• Portland Avenue (2015)
• 76th Street West (2016)
• 66th Street (2016-2017)
• 65th Street Central (2017)
• Nicollet Avenue (2019)
Operations Superintendent Link discussed the following:
o Council guidance for the Visual Quality Guidelines Committee that will be developing
streetscape guidelines for the major roadways, including Portland Avenue and 66th
Street through Richfield.
• Direction needed as to what the committee should put a reasonable effort into
factoring in to long term maintenance costs. Items to consider include traffic
Special Worksession Minutes -2- July 8, 2014
control devices, overhead utilities, underground utilities, landscaping, lighting,
public art, structures, landforms, paved surfaces, transit facilities and
pedestrian amenities.
o Council guidance regarding the City's current maintenance districts and the plan for
those going forward in light of the Visual Quality Guideline development.
• Staff recommendation to eliminate the LHN Maintenance District in 2016.
Public Works Director Eastling stated that the pros and cons will be thoroughly discussed
regarding potential elimination of the LHN District and that the City Council will have one more year
before a decision needs to be made.
Mayor Goettel allowed David Gepner, 6845 Penn Avenue, Penn Central of Richfield, to
address the City Council. He is asking the City Council for help in coming up with a plan to improve
the Penn Avenue business district.
Council Member Elliott stated that there needs to be more cooperation with many of the
business owners on Penn Avenue.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:58 p.m.
Date Approved: July 22, 2014
Debbie Goettel
Mayor
Theresa Schyma Steven L. Devich
Deputy City Clerk City Manager
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
.�4/iced Regular Meeting
July 8, 2014
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 p.m.
Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Edwina Garcia; and Tom
Fitzhenry.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Jim
Topitzhofer, Recreation Services Director; Jay Henthorne, Acting Public
Safety Director; John Stark, Community Development Director; Nancy
Gibbs, City Clerk; Mary Tietjen, City Attorney; and Theresa Schyma,
Deputy City Clerk.
Mayor Goettel stated that five of the six speakers that registered for the Open Forum
wanted to speak about the proposed band shell in Veterans Memorial Park which is an item on the
agenda. Mayor Goettel asked the City Council if they would like to hear from these speakers. The
City Council consensus was to hear their comments.
OPEN FORUM
Susan Rosenberg, 6633 Thomas Avenue, announced the Richfield Beautiful Garden Tour
on July 12.
Birgit Johnson, 6332— 13th Avenue South, spoke in opposition to the proposed band shell
in Veterans Memorial Park.
Patricia Taylor, 6128— 15th Avenue South, spoke in opposition to the proposed band shell
in Veterans Memorial Park.
Carol Propotnik, 6400— 11th Avenue South, spoke in opposition to the proposed band shell
in Veterans Memorial Park.
Kathy Kline, 6312 Portland Avenue, spoke in opposition to the proposed band shell in
Veterans Memorial Park.
Angela Gunta, 6610 Columbus Avenue, spoke in opposition to the proposed band shell in
Veterans Memorial Park.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
Council Meeting Minutes -2- July 8,2014
APPROVAL OF MINUTES
M/Fitzhenry, S/Garcia to approve the minutes of the (1) Special City Council Worksession
of June 24, 2014 and (2) Regular City Council Meeting of June 24, 2014.
Motion carried 5-0.
Item #1 ANNUAL MEETING WITH THE CHARTER COMMISSION
Marty Kirsch, Charter Commission President, presented the annual report.
Item #2 COUNCIL DISCUSSION
• Hats Off to Hometown Hits
Mayor Goettel announced that the City received a Certificate of Sustainability for
recognition of the City's recycling efforts.
The City Council discussed the successful July 4 events and acknowledged the efforts of
the Fourth of July Committee.
Acting Public Safety Director Henthorne reported there were very few calls for service
during the July 4 events. He stated that he heard many comments from residents that they liked
the change of not having the carnival so that it was more of a family-friendly event.
Council Member Garcia announced the passing of Leroy "Oz" Mullerleile and noted his
positive impact on the youth in Richfield.
Council Member Sandahl announced the August 7 Urban Wildland Half Marathon.
Item #3 COUNCIL APPROVAL OF AGENDA
M/Fitzhenry, S/Sandahl to approve the agenda.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
A. Consideration of the approval of a resolution authorizing Chapter 240, Section 22 of the
Laws of MN 2014 regarding sale of liquor at the Richfield Ice Arena S.R. No. 116
RESOLUTION NO. 10947
RESOLUTION APPROVING THE PROVISIONS OF THE LAWS OF 2014, CHAPTER 240
AUTHORIZING THE ISSUANCE OF ON-SALE WINE AND ON-SALE MALT LIQUOR
LICENSE FOR JUNIOR HOCKEY LEAGUE GAMES AT THE RICHFIELD ICE ARENA
This resolution appears as Resolution No. 10947.
Council Meeting Minutes -3- July 8,2014
B. Consideration of the approval of authorizing the Richfield HRA to act as the City's
representative to conduct activities related to the demolition and environmental abatement
of the former City Garage site S.R. No. 117
C. Consideration of the approval of a resolution appointing election judges for the August 12,
2014 Primary Election and the November 4, 2014 General Election S.R. No. 118
RESOLUTION NO. 10948
RESOLUTION APPOINTING ELECTION JUDGES FOR THE STATE PRIMARY ELECTION
OF AUGUST 12, 2014 AND THE GENERAL ELECTION OF NOVEMBER 4, 2014
This resolution appears as Resolution No. 10948.
D. Consideration of the approval of contract change order#3 for the Richfield Ice Arena for
2013 Locker Room Addition Project in the amount of$4,092 S.R. No. 119
M/Goettel, S/Garcia to approve the Consent Calendar.
Motion carried 5-0.
Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #6 PUBLIC HEARING TO CONSIDER AN APPEAL OF THE COMMUNITY
DEVELOPMENT DIRECTOR'S DECISION TO REQUIRE THE INSTALLATION
OF AN ODOR CONTROL SYSTEM AS A CONDITION FOR ALLOWING
CERTAIN COMMERCIAL COOKING EQUIPMENT AT 6722 PENN AVENUE
S.R. NO. 120
Council Member Elliott presented Staff Report No. 120.
Yi Li You, Executive Director of the Chinese Social Service Center, reiterated her position
that there will not be overuse of the commercial cooking equipment. She stated that cooking will
only take place on weekdays for 2 hours for a maximum of 29 people.
William Moline, speaking on behalf of the landlord at 6722 Penn Avenue, stated that this is
a scaled down version of the original plan and will be for internal cooking only. He continued that
the landlord would not be opposed to further conditions or a Conditional Use Permit that would
help the City monitor that the equipment is only being used for the purposes on this current plan.
M/Elliott, S/Garcia to close public hearing.
Motion carried 5-0.
M/Elliott, S/Garcia to deny an appeal of the Community Development Director's decision to
require the installation of an odor control system as a condition for allowing certain commercial
cooking equipment at 6722 Penn Avenue.
Council Member Elliott stated he has concerns regarding a "one size fits all" approach to
businesses. He believes it is important for businesses to be able to make improvements and
renovations to remain competitive and that the City shouldn't arbitrarily deny these requests.
Council Meeting Minutes -4- July 8,2014
Community Development Director Stark stated that the decision to require odor control isn't
due to what they are doing but instead for the equipment they are installing. This denial was tied to
the equipment, not the user or intended use.
City Manager Devich stated that he does remember many neighborhoods being upset by
odors coming from restaurants. He further stated that if this accommodation is made then it sets a
precedent that would make it difficult to deny a future applicant's request in the same setting. He
continued that he understands there is a balance between encouraging businesses to make
improvements and understanding the concerns of neighbors. He further reminded the City Council
that the City does not have authority if, in the future, they decided to alter their plans.
Community Development Director Stark indicated that this is a commercial range that does
require outside venting. He stated that odor control is expensive and that currently there aren't less
expensive options. He further stated that it is the goal of City staff to enforce the policies that the
City Council sets and they need consistency for enforcement. He mentioned that it is always
possible for the City Council to decide to make changes to this policy.
Council Member Fitzhenry asked if there was a way to tie conditions to the equipment and
its use.
Community Development Director Stark stated that currently they do not believe that it
would be considered a Conditional Use Permit issue.
City Attorney Tietjen agreed with Community Development Director Stark but mentioned
that they could explore other options. She reiterated that the concern of staff is the issues of
consistency and enforcement.
Council Member Elliott believes it is best to table this item and explore other options for this
business. He stated that he believes the City Council should take a look at the ordinance to see if
changes should be made.
Mayor Goettel asked how long staff would need to review other options.
Community Development Director Stark stated staff would need a maximum of 30 days.
The City Council consensus was to table this item pending staff review.
M/Elliott, S/Goettel to withdraw the original motion.
Motion carried 5-0.
M/Elliott, S/Goettel to table the item pending staff review.
Council Member Garcia offered a friendly amendment to table the item for a minimum of 30
days to ensure the item is ready by the August 26 City Council Meeting.
M/Garcia, S/Goettel to approve a friendly amendment so that the motion is to table the item
pending staff review for a minimum of 30 days.
Motion carried 5-0. (friendly amendment)
Motion carried 5-0. (motion with friendly amendment)
Item #7 CONSIDERATION OF A REQUEST FOR ADDITIONAL CITY FUNDING OF THE
RICHFIELD COMMUNITY BAND SHELL IN THE AMOUNT OF $75,000
S.R. NO. 121
Council Member Sandahl presented Staff Report No. 121.
Council Meeting Minutes -5- July 8,2014
Rick Jabs, Chair of the Band Shell Task Force, presented a status report of the Task
Force's progress with planning the design of an outdoor performance facility and fundraising
efforts. After conducting the initial fundraising task over the past few months, the group has
secured about $75,000 in pledges. In doing so, the Task Force has reconsidered its estimate of
fundraising proceeds and has revised the total project budget to $400,000.
M/Sandahl, S/Garcia to approve additional City funding of the Richfield Community Band
Shell in the amount of$75,000.
Council Member Elliott stated he has a hard time approving an additional $75,000 until he
sees a deeper commitment from the community, not just those that are opposed to the band shell
but those that are neutral and also supportive of this project.
Council Member Garcia stated that it is difficult to raise funds but she believes once the
band shell is built that more funds will be raised when residents are able to enjoy the benefits.
Council Member Sandahl concurred with Council Member Garcia. She also stated that she
appreciates the effort to save green space but a very small portion of green space would be lost
but the band shell would be enjoyed by the entire community.
Council Member Fitzhenry stated that he cannot support this request due to potential
neighborhood noise and the band shell would be under an airport departure runway.
Council Member Elliott questioned why the Band Shell Task Force would continue to raise
funds if the entire $400,000 budget would be secured tonight.
Council Member Sandahl responded that they would continue to raise funds for other
amenities that would benefit the band shell. She further stated that Veterans Park is a community
park and the proposed band shell at Lyndale Gardens could not accommodate events such as the
4th of July. She continued that Lyndale Gardens is actually closer to residential housing then the
proposed band shell at Veterans Park.
Mayor Goettel stated that this has been a long vetting process and the reason why
Veterans Park was chosen was due to parking, restroom, and capacity issues at other proposed
sites. She further stated that they had discussions with those involved with the Lake Harriet band
shell since they have similar surroundings and those surroundings have not been impacted. She
continued that she would like to see this project go further as it is part of a 20-year plan.
Motion carried 3-2. (Elliott and Fitzhenry opposed)
Item #8 CONSIDERATION OF AN AGREEMENT WITH BENTZ/THOMPSON/RIETOW,
INC. TO PERFORM PROFESSIONAL SERVICES FOR THE CONCEPT DESIGN
OF A COMMUNITY BAND SHELL IN THE AMOUNT OF $18,000 S.R. NO. 122
Council Member Garcia presented Staff Report No. 122.
M/Goettel; S/Sandahl to approve an agreement with Bentz/Thompson/Rietow, Inc. to
perform professional services for the concept design of a community band shell in the amount of
$18,000.
Mayor Goettel asked a representative from Bentz/Thompson/Rietow, Inc. to speak about
the design, acoustics, and residential disturbances.
Ann Voda, Bentz/Thompson/Rietow, Inc., stated that they have gone through the acoustical
issues of other band shells and they do have the means of mitigating the noise.
Motion carried 3-2. (Elliott and Fitzhenry opposed)
Council Meeting Minutes -6- July 8,2014
Item #9 CONSIDERATION OF AN APPOINTMENT TO A CITY ADVISORY COMMISSION
S.R. NO. 123
Council Member Fitzhenry presented Staff Report No. 123.
M/Fitzhenry, S/Goettel to appoint the following person to a City Advisory Commission:
HUMAN RIGHTS COMMISSION
Name Term Expires
Katie Eagle January 31, 2017
Motion carried 5-0.
Item #10 CITY MANAGER'S REPORT
City Manager Devich stated that he wants to have a discussion with the City Council and
Public Safety Department regarding the conduct of some individuals at City Council meetings.
Item #11 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Sandahl that the following claims and payrolls be approved:
U.S. Bank 07/08/14
A/P Checks: 232420-232773 $ 937,785.00
Payroll: 102497-102863 $ 596,714.62
TOTAL $ 1,534,499.62
Motion carried 5-0.
OPEN FORUM
None.
ADJOURNMENT
The City Council meeting was adjourned by unanimous consent at 8:23 p.m.
Date Approved: July 22, 2014
Debbie Goettel
Mayor
Theresa Schyma Steven L. Devich
Deputy City Clerk City Manager
CITY COUNCIL MINUTES
Richfield, Minnesota
'6�i e Concurrent City Council
G Special Conc y
and
Transportation Commission Worksession
July 9, 2014
CALL TO ORDER
The concurrent worksession was called to order by Mayor Goettel at 7:05 p.m. in the
Bartholomew Room.
Council Members Debbie Goettel, Mayor; Pat Elliott (via WebEx); Sue Sandahl; Edwina Garcia;
Present: and Tom Fitzhenry.
Transportation
Commission Members Martin Kirsch, Chair; Gary Ness, Ken Severson; Tim Carter; David Taylor;
Present: Gerry Charnitz; and Ted Weidenbach.
Transportation
Commission Members
Absent: Ghislaine Ball and Terry Ahlstrom.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Kristin
Asher, Assistant Public Works Director; Jeff Pearson, Transportation
Engineer; Liz Finnegan; Civil Engineer; and Cheryl Krumholz, Executive
Coordinator.
Others Present: Jim Grube, Hennepin County Engineer; Maury Hooper, Hennepin County
Project Engineer; Bill Klingbeil, Kimley Horn &Associates; Jack Broz, Avenue
Design Partners; Craig Churchward; Avenue Design Partners; and Chris
Olson, Richfield Bike Advocates.
Item #1 DISCUSSION REGARDING 66TH STREET RECONSTRUCTION (COUNCIL MEMO
NO. 64)
Mayor Goettel stated that there may not be time this evening for the public to comment on this
project but another opportunity would be provided at a future worksession. Tonight's worksession is
information gathering for the City Council and Transportation Commission.
Public Works Director Eastling provided the background leading up to this evening's
discussion, emphasizing the proposed reconstruction project is a 50-100 year decision and nearly $40
million investment in 66 Street. He also discussed the Crosstown `Pinch Point' and potential
additional capacity.
Public Works Director Eastling stated that much of the discussion will involve the section of the
corridor between I-35W and Xerxes Avenue.
Jim Grube, Hennepin County Engineer, discussed the Hennepin County Board's perspective
on the corridor reconstruction related to their responsibility to the public, including transportation
choices, support of active living, complete streets, and attaining a balance for the region, the City and
Special Worksession Minutes -2- July 9, 2014
residents along 66th Street. He stated the values between competing interests and reaching a
compromise should be considered on this 50 year decision.
Jack Broz, Advanced Design Partners, discussed the design process to date, including the
vision, context, problem, goals/measures, alternative analysis and right-sizing design.
Mayor Goettel stated that, along with Council Member Elliott, she has concerns with the taking
of 17-20 homes along 66th Street, overbuilding, creating an auxiliary freeway, business viability and
parking issues. She expressed additional concern regarding the residential impacts and suggested
broader conversations are needed. She supported complete streets but that may not be viable in all
areas of the City.
Council Member Fitzhenry stated that different parts of the City have impacts and
reconstruction needs to fit with the neighborhoods.
Mr. Broz revised the preferred concepts for the 66th Street Corridor east and west of Nicollet
Avenue resulting in the lowest impacts to the adjacent properties:
Concept#2 On-street bicycle lanes and sidewalk and multi-use trail
Concept#4B One-way cycle tracks with two sidewalks, boulevard between vehicle and cycle
track.
Council Member Fitzhenry suggested 66th Street be included in the MnDOT GPS traffic
management center.
Jeff Pearson, Transportation Engineer, stated that MnDOT only includes regional systems.
Mr. Grube explained 66th Street is referred to as a Crosstown reliever.
Council Member Elliott responded that 66th Street may be called a reliever but it is used as an
alternative to Crosstown.
Maury Hooper, Hennepin County Project Engineer, discussed the traffic analysis and design,
including safety review, traffic volume and operations review and crash analysis. He stated that if the
reconstruction continues with the low impact design, there will be no change in the crash summary
data, but prohibiting turns may decrease crashes.
Bill Klingbeil, Kimley Horn &Associates, will provide more detailed crash data, including peak
periods and if a neighborhood resident was involved.
Transportation Engineer Pearson discussed a three-lane conversion along the corridor which
would result in some traffic constraints.
Public Works Director Eastling added that restricting turns could put more traffic in the
neighborhoods.
Council Member Elliott stated he was distressed regarding the lack of communication and
inadequate community involvement. He added that he did not have a lot of faith in design and
concept models being used as predictors. There appears to be no connectivity in the models and that
the options are short-sighted and not reducing the volume of traffic and utilizing 66th Street as it was
intended.
Transportation Commission Member Weidenbach questioned how a three-lane conversion
would be safer for pedestrians.
Transportation Engineer Pearson explained the low impact three-lane concept achieves
pedestrian safety along 66th Street due to islands for crossing. He added the City has not contacted
the owners of the seven properties to be acquired along 66th Street between I-35W and Penn Avenue
but three have contacted the City to state they are willing sellers.
Mr. Hooper explained the existing right of way west of Penn Avenue and that a variance would
be needed to reduce the existing 84 feet to 82 feet which does provide a boulevard.
Mr. Grube explained the variance request process which has reasonably good success. He
stated that his overall position along the whole corridor is that he would not support reducing the
Special Worksession Minutes -3- July 9, 2014
gutter lane to 18 inches and having no boulevard. The boulevard is needed for snow storage and to
not provide that is a failure to pedestrians.
Public Works Director Easting stated that to provide the boulevard on 66th Street between I-
35W and Penn Avenue, the taking of seven homes is required.
Council Member Sandahl stated she did not support reconstructing of the 66th Street Corridor
without a boulevard between the street and pedestrians.
Transportation Commission Member Severson questioned if re-orienting to the north side of
66th Street was still being considered.
Transportation Engineer Pearson responded that would result in considerably more property
acquisition upfront because the grades are different. That option is still under review but there was
not time to prepare for that discussion this evening.
Council Member Elliott agreed the north and south sides of 66th Street should be explored so
the property loss is limited as much as possible.
Mr. Severson suggested the removal of driveways onto 66th Street be considered.
Mayor Goettel stated the traffic should be calmed and the street be given back to the
neighbors. She added the business community should be informed of the impact realities.
Mr. Grube explained that during construction, access to the businesses is kept open.
Mr. Pearson stated there were two meetings with the businesses along the corridor a few
months ago. He added that property owners should continue to make improvements because that will
be reflected in their market value.
Mr. Weidenbach stated that the biggest comments he has heard is that there should not be a
three-lane conversion along the corridor between Nicollet and Xerxes Avenues but that Mayor Goettel
and Council Member Elliott support that option.
Council Member Elliott stated all aspects should be explored with the lowest impact on
properties but not to sacrifice safety.
Council Member Sandahl said best alternatives given all the factors deemed important should
be considered for the long-term interest of the community.
Transportation Commission Member Carter stated that from the business standpoint, 66th
Street is economically a regional powerhouse and traffic should not be restricted but safety cannot be
sacrificed.
Mr. Grube asked the City Council and Transportation Commission if there was reasonable
satisfaction with what has been proposed and presented for the 66th Street Corridor east of I-35W.
The consensus was to proceed with the reconstruction process of the 66th Street Corridor east
of I-35W and continue communication with the residents along the 66th Street Corridor to the west of I-
35W.
The concurrent worksession was adjourned by unanimous consent at 9:17 p.m.
Date Approved: July 22, 2014.
Debbie Goettel
Mayor
Cheryl Krumholz Steven L. Devich
Executive Coordinator City Manager
AGENDA SECTION: CONSENT
AGENDA ITEM# 4A
REPORT# 124
STAFF REPORT
`deed CITY COUNCIL MEETING
JULY 22, 2014
REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES
MANAGER
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OTHER DEPARTMENT REVIEW: N A
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REVIEWED BY CITY MANAGER: ;
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the request for a temporary on-sale 3.2 percent malt liquor license for the
Church of the Assumption, 305 East 77th Street, for their annual Fun Fiesta to be held August
17, 2014.
I. RECOMMENDED ACTION:
By Motion: Approve the request by the Church of the Assumption,
305 East 77th Street, for a temporary on-sale 3.2 percent malt liquor
license for their annual Fun Fiesta to be held on August 17, 2014.
II. EXECUTIVE SUMMARY
The Church of the Assumption is requesting a license for temporary on-sale 3.2
percent malt liquor for their annual Fun Fiesta to be held on August 17, 2014. As
with previous years, their plans are to have a dinner and dance. The event is from
11:00 a.m. to 7:00 p.m. All required information and documents have been
provided. All licensing fees have been received.
072214 PH Church of the Assumption
III. BASIS OF RECOMMENDATION
A. BACKGROUND
• On June 10, 2014, the City received an application for temporary on-
sale 3.2 percent malt liquor license for their annual Fun Fiesta to be
held on August 17, 2014. All licensing fees have been received.
• The Church of the Assumption will also be holding a dance during this
event; however, Richfield City Code Section 1110.03 exempts the
requirements of obtaining a Public Dance license when the proceeds
are devoted to benevolent, fraternal, educational or charitable
organizations as is the case with the Church of the Assumption.
• The event will take place from 11:00 a.m. to 7:00 p.m.
• The applicant has requested a temporary 3.2 percent malt liquor
license to serve 3.2 percent malt liquor at this event. No other
intoxicating liquor beverages will be permitted.
• They plan to serve hot dogs, brats, tacos, nachos, popcorn, roast
beef, tamales, desserts, fruit, soda, water and fruit water.
• The Church of the Assumption has contacted food sanitarians from
the City of Bloomington to ensure proper food handling practices are
followed.
• The City has previously granted temporary alcohol licenses to the
Church of the Assumption for their annual Fun Fiesta event.
B. POLICY
• Richfield City Code Section 1202 requires applicants for temporary 3.2
malt liquor licenses to comply with all of the provisions of both City
Codes and State Statutes.
• Richfield City Code Section 1110.03 exempts the requirement of
obtaining a public dance license when the proceeds are devoted to
benevolent, fraternal, educational or charitable organizations.
C. CRITICAL TIMING ISSUES
• Service of 3.2 malt liquor will be allowed only during the specified time
of 11:00 a.m. to 7:00 p.m. on August 17, 2014. In addition, no other
intoxicating liquor beverages will be permitted.
D. FINANCIAL
• The required licensing fees have been received.
E. LEGAL
• The required proof of liquor liability insurance coverage has been
submitted showing The Catholic Mutual Society affording the
coverage.
F. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• Deny the request for a temporary on-sale 3.2 malt liquor license for the
Church of the Assumption. This would mean the applicant would not be able
to serve 3.2 percent malt liquor. However, Public Safety has not found any
basis for a denial. In addition, the Council has previously granted these
licenses in conjunction with this event.
V. ATTACHMENTS
• N/A
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• The Church of the Assumption staff has been notified of the date of this
meeting.
AGENDA SECTION: CONSENT
AGENDA ITEM# 4B
REPORT# 125
STAFF REPORT
�c4ceed" CITY COUNCIL MEETING
JULY 22, 2014
REPORT PREPARED BY: MIKE FLAHERTY, POL'ICE LIEUTENANT
TLE
j 411/14
DEPARTMENT DIRECTOR REVIEW: if
"• i IGNATURE
OTHER DEPARTMENT REVIEW:
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SIGNA l
REVIEWED BY CITY MANAGER: /
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution regarding a Co-operative Agreement to continue membership in
the Hennepin County Violent Offender Task Force.
I. RECOMMENDED ACTION:
By Motion: Approve the attached resolution authorizing the City of
Richfield Police Department to renew the Co-operative Agreement to
continue membership in the Hennepin County Violent Offender Task
Force.
II. EXECUTIVE SUMMARY
In 2007, the Hennepin County Sheriff's Department created the Hennepin County
Violent Offender Task Force (VOTF). The VOTF focuses their enforcement on
repeat violent offenders, gangs and narcotic activity. VOTF also serves as a
criminal intelligence gathering resource for law enforcement. Current VOTF
agencies include the Hennepin County Sheriffs Department, the Hennepin County
Attorney's Office (HCAO), the Drug Enforcement Administration (DEA) and the
Police Departments for the Cities of: Brooklyn Park, Brooklyn Center, Golden
Valley and Richfield.
The VOTF operates under a Co-operative Agreement and is under the direction of a
commander who reports to an Advisory Board comprised of the chief law
072214 Resolution for Hennepin Co.VOTFxxx
enforcement officers (or their designees) of the participating agencies. All
participating officers remain employees of the contributing agency. Co-operative
Agreements have been created for the task force, and they address common issues
including, but not limited to: purpose, scope of work, work location, command
structure, terms of participation, designation and duties of a fiscal agent and use of
forfeited assets.
The Richfield Police Department has had an officer assigned to VOTF since
September 2009.
III. BASIS OF RECOMMENDATION
A. BACKGROUND
• N/A
B. POLICY
• Law enforcement agencies are limited by resources and jurisdictional
boundaries. Multi-jurisdictional task forces combine resources and
eliminate those boundary restrictions. Richfield has benefitted from
having the resources of ten officers and five law enforcement
agencies to collaborate with.
C. CRITICAL TIMING ISSUES
• N/A
D. FINANCIAL
• Richfield Police Department is responsible for all funding of the officer
assigned to VOTF.
• Richfield Police Department will receive $23,000 annually for
participating in VOTF. These funds are from a grant VOTF received
from the Minnesota Department of Public Safety Gang and Drug
Oversight Council.
E. LEGAL
• The Co-operative Agreement has previously been reviewed and
approved by the Richfield City Attorney.
F. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• Council could disapprove of the resolution; however, this would mean that
the Richfield Police Department would not be able to participate in the
multijurisdictional agreement and the benefits it provides.
V. ATTACHMENTS
• Resolution number
• Copy of Co-operative Agreement
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
RESOLUTION NO.
RESOLUTION AUTHORIZING RESOLUTION AUTHORIZING RICHFIELD POLICE
DEPARTMENT'S PARTICIPATION IN THE HENNEPIN COUNTY VIOLENT
OFFENDER TASK FORCE
WHEREAS, Hennepin County Sheriff's Department is the agency responsible for
the administration of the Violent Offender Task Force; and
WHEREAS, the focus of the Violent Offender Task Force is combating repeat
offenders, gangs and illegal narcotics; and,
WHEREAS, criminal activity is cross jurisdictional and involves repeat offenders,
gangs and illegal narcotics; and,
WHEREAS, modern police tactics involve the use of multi-jurisdictional task
forces to combat crime and share criminal intelligence; and,
WHEREAS, THE HENNEPIN County Violent Offender Task Force has a proven
track record in combating this type of criminal behavior; and,
WHEREAS, the City of Richfield Police Department is responsible for the
prevention of crime and the enforcement of laws; and,
WHEREAS, the Hennepin County Sheriff's Department has requested the
Richfield Police Department to place an officer on the Violent Offender Task Force.
NOW, THEREFORE, BE IT RESOLVED that the City of Richfield enter into a
Co-operative Agreement with the Hennepin County Violent Offender Task Force for
placement of one Richfield Police Officer on said task force. Steve Devich, City
Manager, is hereby authorized to execute such agreements as are necessary to
implement the project on behalf of the City of Richfield Police Department.
Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of
July, 2014.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE
2014 CO-OPERATIVE AGREEMENT
The Hennepin County Violent Offender Task Force is currently operating under an existing
Co-operative Agreement, executed by Hennepin County,
on behalf of the Hennepin County
Sheriff's Office and the Hennepin County Attorney's Office, the City of Richfield, the City of
Brooklyn Park,the City of Brooklyn Center, the City of Golden Valley and the Drug Enforcement
Administration(may be referred to herein as the"parties").
The parties to this Co-operative Agreement are units of government responsible for the
enforcement of laws in their respective jurisdictions. The parties desire to work cooperatively in the
enforcement of violent offender laws including but not limited to the enhancements and crimes set
forth in Minnesota Statutes § 609.1095, and, for that purpose, are hereby forming the Hennepin
County Violent Offender Task Force.
The undersigned governmental units, in the co-operative and mutual exercise of their
powers,agree as follows:
1. Name. The name of the co-operative powers entity shall be the Hennepin County Violent
Offender Task Force. (HCVOTF).
2. Defmitions:
a. Officer — means a peace officer, employed by a Member, who is assigned to the
Task Force full-time and has been approved by the Task Force Board.
b. Board—means the governing board of the Task Force.
c. Fiscal Agent — Hennepin County Sheriff's Office agrees to perform this function
during the term of this Agreement.
d. Member — means a governmental unit that is a signatory to this Agreement or a
counterpart.
e. Task Force—means the Hennepin County Violent Offender Task Force.
f. Task Force Commanders — means one (1) supervisor from the Hennepin County
Sheriff's Office. Future Task Force Commanders will be nominated and voted on
by the Board.
g. Non-Voting Member — means the Drug Enforcement Administration and the
Hennepin County Attorney's Office.
h. Executive Director — means Hennepin County Sheriffs Office Inspector of
Investigations Bureau or his/her designee.
i. Director—means member of Governing Board.
3. Members. The current Members of the Task Force are the following governmental units:
Hennepin County Sheriff's Office
Brooklyn Park Police Department
Brooklyn Center Police Department
Golden Valley Police Department
Richfield Police Department
Hennepin County Attorney's Office
Drug Enforcement Administration(DEA)
3.1 The Members shall cooperate and use their best efforts to ensure that the various provisions
of the Agreement are fulfilled. The Members agree to act in good faith to undertake
resolution of disputes, if any, in an equitable and timely manner and in accordance with the
provisions of this Agreement.
4. Term.
4.1 The term of this Agreement shall be for seven years, commencing January 31, 2014 and
terminating January 30, 2021, unless terminated earlier pursuant to the provisions of this
Agreement. This Agreement may be extended by mutual written agreement of the indicated
parties' governing bodies for one successive seven year term upon the same terms,
conditions, and covenants,unless the Task Force is dissolved prior to expiration of the initial
or successive term.
2
4.2 Upon dissolution of the Task Force, the Board shall provide for the distribution of all Task
Force funds and assets in the following manner: (1) The Board may determine to sell and
liquidate non-monetary assets prior to distribution; and (2) Assets and funds shall be
distributed in proportion to the full-time staffing contributions and other financial
contributions of each Member to the Task Force determined by the full time equivalent
contributions of each current Member. Property owned by Members shall be returned to the
Members upon dissolution. A Member whose membership terminates prior to dissolution
of the Task Force is entitled to the return of its own property,but is not entitled to any share
or portion of Task Force funds or assets.
5. Governing Board.
5.1 The Task Force shall be governed by a Governing Board("Board"). Members of the Board
will be known as "Directors." Except as indicated herein, the Chief Law Enforcement
Officer from each Member, or his or her designee, shall serve as a Director. Each Director
and, accordingly, each Member agency is allowed no more than one (1) vote, regardless of
the number of employees assigned to the Task Force or in attendance at any meeting from
the respective Agency.
The Director representing the Hennepin County Attorney's Office shall not vote on Board
matters but instead shall make recommendations to the Board.
5.2 Directors shall not be deemed employees of,nor compensated by the Task Force.
5.3 The Hennepin County Sheriff shall be the chair of the Board. The Chair's responsibilities
include but are not limited to the following: giving notice of meetings when scheduled or
otherwise called; calling meetings to order and providing for their orderly and efficient
conduct; and providing for the preparation of minutes.
5.4 The Board shall oversee the operational activities of the Task Force and by and through the
Task Force Commander shall monitor the progress of the mission and goals established by
the Board.
5.5 The Board shall meet on a quarterly basis or more frequently as needed.
5.6 The Board may take action based on the vote of a simple majority. A quorum shall exist,
and votes may be taken, if a majority of the Directors or their designees are present.
3
5.7 The Board may recommend changes in this Agreement to its Members. Such changes shall
not become effective until the governing body of each Member has, by resolution, approved
such changes.
5.8 Non-Voting Members may attend Board meetings.
6. Powers and Duties of the Task Force.
6.1 To accomplish the objectives herein,all Task Force Members shall assign at least one peace
officer licensed pursuant to Minnesota Statutes § 626.84, subd.1, or similar licensing statute
or regulation, to the Task Force on a full-time basis. The assigned peace officer must
comply with Minnesota Statutes § 471.59, subd. 12.
6.2 A typical assignment to the Task Force should be for a minimum period of two years.
However, assignments shall be at the pleasure of both the Task Force Board and the
Officer's employing agency and may be terminated at any time.
6.3 The Task Force will direct investigative and enforcement activities based on intelligence
provided by the Task Force Members with priority given to case investigations that directly
impact the Members' Minnesota communities.
6.4 The initial Task Force Commander(s) will be nominated by the Hennepin County Sheriff s
Office and approved by the Board. The Task Force Commander shall be responsible for the
day to day operations of the Task Force and provide the overall direction and supervision of
the Task Force officers. Future Task Force Commanders will be nominated by the
Hennepin County Sheriffs Office and approved by the Board. The Task Force
Commander's duties shall include,but not be limited to:
(a) Guiding and directing the activities of personnel assigned to the Task Force;
(b) Establishing and monitoring goals, priorities, budgets, operational policies and
procedures and work assignments;
(c) Reviewing and approving reports;
(d) Scheduling assigned personnel;
(e) Providing input on employee evaluations,if requested;
(f) Allocating overtime work,if necessary.
6.5 The Task Force shall cooperate with other federal, state, and local law enforcement agencies
to accomplish the purpose for which the Task Force is organized.
4
6.6 The governmental unit serving as the Fiscal Agent shall cause to be made an annual audit of
the books and accounts of the Task Force and shall make and file a report to its Members
which includes the following information:
(a) The financial condition of the Task Force;
(b) The status of all Task Force projects;
(c) The business transacted by the Task Force;
(d) Quarterly financial report;
(e) Other matters which affect the interests of the Task Force.
6.7 The Task Force's books, reports, and records shall be open to inspection by its Members at
all reasonable times.
6.8 Nothing herein is intended or should be construed in any manner as creating or establishing
the relationship of co-partners between the parties hereto or as constituting one of the
Members as the agent, representative or employee of another Member for any purpose or in
any manner whatsoever. Personnel assigned to the Task Force by one of the Members shall
not be considered temporary or permanent employees of any other Member for any purpose
whatsoever or be entitled to tenure rights or any rights or benefits by way of workers'
compensation,re-employment insurance,medical and hospital care, sick and vacation leave,
severance pay, PERA or any other right or benefit of another Member.
6.9 The Members acknowledge and agree that it is their sole responsibility to provide all salary
compensation and fringe benefits to their separate employees. Benefits may include,but are
not limited to: health care, disability insurance, life insurance, re-employment insurance,
FICA,Medicare, and PERA.
6.10 The Members acknowledge and agree that it is their responsibility to provide the equipment
necessary to enable their assigned employee to complete their duties.
6.11 The Members acknowledge and agree that Hennepin County will provide initial start-up
funds,to include co-located headquarter space.
6.12 The parties acknowledge and agree that entering into and carrying out the terms and
conditions of this Agreement will not violate or constitute a breach of any obligation binding
the party and shall comply with all applicable federal, state, and local laws including but not
limited to Minnesota Statutes §471.59.
5
6.13 The Task Force adopts the policy and procedure guidelines established by the Minnesota
Department of Public Safety Gang and Drug Oversight Council. (See generally Minnesota
Statutes, Chapter 299A.641,as amended or updated.)
6.14 The Task Force shall process all seized cash, physical assets and evidence through the
normal evidence handling procedures within the Hennepin County Sheriffs Office.
Seizures of cash, real property and personal property must be done in accordance with all
applicable laws and regulations. The Task Force shall promptly report forfeitures in
accordance with MN. Statute 609.5315, subd. 6.
7. Liability.
7.1 Each Member agrees that it will be responsible for its own acts and the acts of its officers
and employees and any liability resulting therefrom to the extent authorized by law and
shall not be responsible for the acts of the other Member or any liability resulting
therefrom. Each Member acknowledges and agrees that it is insured or self-insured
consistent with the limits established in Minnesota state statute. Each Member agrees to
promptly notify all other Members if it becomes aware of any potential Task Force
related claims,or facts giving rise to such claims.
7.2 Each Member shall be responsible for injuries to or death of its own personnel. Each
Member will maintain workers' compensation insurance or self-insurance coverage,
covering its own personnel while they are assigned to the Task Force or are otherwise
participating in or assisting with Task Force operations or activities. Each Member waives
the right to, and agrees that it will not,bring any claim or suit against the Task Force or any
other Member for any workers' compensation benefits paid to its own employee or
dependents,that arise out of participation in or assistance with Task Force operations or
activities, even if the injuries were caused wholly or partially by the negligence of any other
Member or its officers,employees,or volunteers.
7.3 Each Member shall be responsible for damages to or loss of its own equipment. Each
Member waives the right to,and agrees that it will not,bring any claim or suit against the
Task Force or any other Member for damages to or loss of its equipment arising out of
participation in or assistance with Task Force operations or activities,even if the damages or
6
losses were caused wholly or partially by the negligence of any other Members or its
officers, employees, or volunteers.
7.4 As applicable,under no circumstances shall a party be required to pay any amounts in
excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable
to any one party. The statutory limits of liability for some or all of the parties may not be
added together or stacked to increase the maximum amount of liability for any party.
8. Finances.
8.1 Task Force operations will be fmanced from funds and resources contributed by Members.
Members shall provide Officers to be assigned to the Task Force.
8.2 The Fiscal Agent shall serve as sole administrator of all funds contributed by Task Force
Members or otherwise received by the Task Force, and in such capacity is authorized to
receive all funds for deposit and make disbursements therefrom in accordance with
Hennepin County policy and generally accepted accounting principles. In conjunction
therewith,the Fiscal Agent shall maintain current and accurate records of all obligations and
expenditures of Task Force funds in accordance with Hennepin County policy and generally
accepted accounting principles. It shall also produce quarterly financial and statistical
reports which shall be disseminated to the Board. The Task Force shall maintain all such
reports and related records for a period of six(6)years after dissolution of the Task Force.
9. Officers.
9.1 The Task Force shall refer disciplinary matters or other instances of misconduct involving
an Officer to the Officer's Chief Law Enforcement Officer for investigation, referral, or
disposition. However, nothing herein shall be construed to prevent the Task Force from
reporting suspected criminal conduct directly to an outside agency for investigation.
9.2 Officers will be responsible for focused investigation on targeted violent offenders,
including intelligence management, case development, and case charging. Officers may
also assist other Officers in surveillance and undercover operations. Task Force Officers
will work cooperatively with assisting agencies. Officers acting under this Agreement in the
jurisdiction of another Member are acting in the line of duty and in the course of
employment and are authorized to exercise the powers of a peace officer therein.
7
10. Forfeiture,Seizures and Fines. All proceeds generated by Task Force operations shall be
returned to the Task Force. When the Task Force seizes property or funds in cooperation
with other law enforcement agencies,the Task Force Board will negotiate the distribution of
the forfeited funds with those agencies.
11. Additional Members and Change in Membership.
11.1 A governmental unit may join the Task Force and become a Member upon approval by the
Governing Board and execution of a copy of this Agreement by its governing body.
11.2 The Governing Board may involuntarily terminate a Member if that Member has failed to
provide a minimum of one Officer to staff the Task Force for more than 12 consecutive
months.
11.3 In any case in which a party identified in paragraph 3 joins the Task Force after the effective
date of this Agreement or any other governmental unit joins the Task Force pursuant to
paragraph 11.1, contributions by and reimbursement to such Members shall be equitably
determined and adjusted by the Board to reflect the participation by that Member for less
than one full year. The decision of the Board shall be final.
11.4 A Member may, upon ninety (90) days' written notice to all other Members, withdraw and
cancel its participation in this Agreement with or without cause.
12. Counterparts. This Agreement may be executed in several counterparts, each of which
shall be an original,all of which shall constitute but one and the same instrument.
IN WITNESS WHEREOF,the undersigned governmental units, by action of their governing bodies,
caused this Agreement to be executed.
(signatures continued on the following page)
8
HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT
CITY OF RICHFIELD
The Richfield City Council duly approved this Agreement on the day of
,2014.
City of Richfield
Approved as to form
and legality:
By:
Richfield City Attorney Its Mayor
And:
Its City Administrator
(signatures continued on the following page)
11
•
HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT
Hennepin County Board Approval
Task Force Members,having signed this Agreement, and the Hennepin County Board of
Commissioners having duly approved this Agreement on behalf of the Hennepin County Sheriffs
Office and the Hennepin County Attorney's Office on the day of ,2014 and
pursuant to such approval,the proper County officials having signed this Agreement,the parties
hereto agree to be bound by the provision herein set forth.
County of Hennepin
State of Minnesota
Reviewed by County
Attorney's Office:
Chair of its County Board
Assistant County Attorney And:
Assistant/Deputy/County Commissioner
And:
Hennepin County Sheriff
Attest:
Deputy/Clerk of County Board
14
AGENDA SECTION: CONSENT
AGENDA ITEM# 4C
REPORT# 126
STAFF REPORT
ee410ced CITY COUNCIL MEETING
JULY 22, 2014
REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES
MANAGER
,TITLE
DEPARTMENT DIRECTOR REVIEW: f ��_ �'
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OTHER DEPARTMENT REVIEW: [J N/'
SIGNAT
REVIEWED BY CITY MANAGER:
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ITEM FOR COUNCIL CONSIDERATION:
Consideration of the issuance of new on-sale wine and 3.2 percent malt liquor licenses for
Henry Thou d/b/a Red Pepper Chinese Restaurant, 2910 West 66th Street.
I. RECOMMENDED ACTION:
By Motion: Approve the setting of a public hearing to be held on
August 26, 2014, for the consideration of new on-sale wine and 3.2
percent malt liquor licenses for Henry Thou d/b/a Red Pepper Chinese
Restaurant, 2910 West 66th Street.
II. EXECUTIVE SUMMARY
On May 6, 2014 the City received the application materials for new on-sale wine
and 3.2 percent malt liquor licenses for Henry Thou d/b/a Red Pepper Chinese
Restaurant. All required information and documents have been received. All
licensing fees have been paid.
072214 Red Pepper Set Hearing
III. BASIS OF RECOMMENDATION
A. BACKGROUND
• Applications for new on-sale wine and 3.2 percent malt liquor licenses
for Henry Thou d/b/a Red Pepper Chinese Restaurant were received
by the City on May 6, 2014.
B. POLICY
• City ordinance provides the City Council conduct a public hearing to
consider all on-sale wine and 3.2 percent malt liquor license
applications and a date be set for the public hearing prior to the
hearing.
• The hearing must be scheduled and held before a new license may be
considered.
• The new process had been initiated.
C. CRITICAL TIMING ISSUES
• Holding the public hearing on August 26, 2014 will provide ample time
to complete the licensing process.
D. FINANCIAL
• N/A
E. LEGAL
• N/A
F. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATIONS)
• Reject the applications for new on-sale wine and 3.2 percent malt liquor
licenses for Red Pepper Chinese Restaurant.
• Schedule the hearing for another date. However, this may delay the
licensing process.
V. ATTACHMENTS
• None
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• N/A
AGENDA SECTION: CONSENT
AGENDA ITEM# 4D
REPORT# 127
STAFF REPORT
Gc��rleQd CITY COUNCIL MEETING
JULY 22, 2014
REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES
MANAGER
NAME1
DEPARTMENT DIRECTOR REVIEW: ► 1 , /Arab.1 A Al Al.
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OTHER DEPARTMENT REVIEW: 0 /0 J
SIGN 2L
-
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Accept and approve the Public Health Emergency Preparedness (PHEP) Grant from the State
of Minnesota to the City of Richfield for the grant period of July 1, 2014 —June 15, 2015.
I. RECOMMENDED ACTION:
By Motion: Accept and approve the Public Health Emergency
Preparedness (PHEP) Grant from the State of Minnesota to the City of
Richfield for the grant period of July 1, 2014 — June 15, 2015.
II. EXECUTIVE SUMMARY
• Each year, the City of Richfield receives grant dollars from the Centers
for Disease Control through the Minnesota Department of Health to
financially support the work the City is doing in having a strong Public
Health Emergency Preparedness response system. As a result, it is
necessary for the City Council to accept and approve the receipt of
these grant dollars for the grant period of July 1, 2014 —June 15, 2015
prior to any grant funds being expended. The 2014-2015 Public Health
Emergency Prepared Grant that Richfield will be receiving will be in
the amount of$61,124.
0722PHEPxxx
A. BACKGROUND
• Each year, the City of Richfield receives grant dollars from the Centers
for Disease Control through the Minnesota Department of Health to
financially support the work the City is doing in having a strong Public
Health Emergency Preparedness response system. As a result, it is
necessary for the City Council to accept and approve the receipt of
these grant dollars for the grant period of July 1, 2014 — June 15, 2015
prior to any grant funds being expended.
• A good portion of these grant funds are then used to support a Public
Health Emergency Preparedness Coordinator from the City of
Bloomington to do a large part of the work that the grant requires. The
cities of Richfield, Bloomington and Edina pool the majority of their
grant dollars to support this position and to use the funding received
effectively.
• A small amount of grant funds are retained by the City of Richfield to
cover the necessary work costs that are incurred by Richfield Staff to
attend meetings, trainings and to complete the fiscal reporting that is
required by the State of Minnesota via the Centers for Disease Control
• The 2014-2015 Public Health Emergency Prepared Grant that
Richfield will be receiving will be in the amount of $61,124.
B. POLICY
• The City of Richfield has accepted grant funds over the years to
enable the City to deliver services in this public health area to our
residents that would otherwise not be funded through the City's
budget.
• Support Services Manager Betsy Osborn has authority, by resolution,
to sign the grant contract on behalf of the Board of Health (City
Council) but the City Attorney has always advised that it should be
approved by the City Council before that can be done.
C. CRITICAL TIMING ISSUES
• Without these funds, the City of Richfield would not be able to deliver
the same level of service in the area of public health emergency
preparedness to Richfield residents.
D. FINANCIAL
• Approval by the City Council must occur prior to any of these funds
being expended
E. LEGAL
• The City Attorney has reviewed the grant document and has
recommended that it can be forwarded to the City Council for their
review and approval.
F. ENVIRONMENTAL CONSIDERATIONS
• N/A
III. ALTERNATIVE RECOMMENDATION(S)
• The City Council could decide not to accept these grant funds, which would
result in this area within Public Health as not being funded.
IV. ATTACHMENTS
• N/A
V. PRINCIPAL PARTIES EXPECTED AT MEETING
• N/A
AGENDA SECTION: CONSENT
AGENDA ITEM# 4E
REPORT# 128
STAFF REPORT
gecqte, ed CITY COUNCIL MEETING
JULY 22, 2014
REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES
MANAGER
E,TITLE
DEPARTMENT DIRECTOR REVIEW: Er
Ili ` j,,isell �.
SI ATUnE
OTHER DEPARTMENT REVIEW: 0 N/A
ail II
f SIGNATU•if
i o.
REVIEWED BY CITY MANAGER: 17ad /
-4118 ,
/
ITEM FOR COUNCIL CONSIDERATION:
Approval of an amended agreement with the City of Bloomington for the provision of food
inspection services for Richfield for the year 2014
I. RECOMMENDED ACTION:
By Motion: Approval of an amended agreement with the City of
Bloomington for the provision of food inspection services for
Richfield for the year 2014.
II. EXECUTIVE SUMMARY
The City of Richfield contracts with the City of Bloomington to provide the City of
Richfield with inspections of restaurants, schools, daycares, public pools, hotels,
grocery stores and other retail food stores licensed by Richfield. These activities
are delegated to Richfield through contracts with the Minnesota Departments of
Health and Agriculture. In January of 2014, the Minnesota Department of
Agricultural notified the City that it would be assuming the responsibilities for the
licensing and inspection of grocery/convenience/etc. stores located within the City.
• Due to the change in authority and reduction in inspections, the City of
Richfield requested a contract reduction from the City of Bloomington
because Richfield is no longer collecting fees from these retail food
establishments and is no longer conducting any inspections. These
0722AmendFoodxxx
are now all being conducted by the Department of Agriculture. As a
result of this change, the 2014 contract will be reduced by $14,600 for
a revised total of$118,600. This change will necessitate receiving the
City Council's approval. The terms of the contract still provide for the
contract to be terminated upon the expiration of 30 days after service
of written notice upon the other party, if there should be a need to
terminate it before it expires December 31, 21014.
III. BASIS OF RECOMMENDATION
A. BACKGROUND
• The City of Richfield contracts with the City of Bloomington to provide
the City of Richfield with inspections of restaurants, schools, daycare,
public pools, hotel, grocery stores and other retail food stores licensed
by Richfield. These activities are delegated to Richfield through
contracts with the Minnesota Department of Health and Agriculture. In
January of 2014, the Minnesota Department of Agriculture notified the
City that it would be assuming the responsibilities for the licensing and
inspection of grocery/convenience/etc. stores located within the City.
• Due to the change in authority and reduction in inspections, the City of
Richfield requested a contract reduction from the City of Bloomington
because Richfield is no longer collecting frees from these retail food
establishments and is no longer conducting any inspections. These
are now all being conducted by the Department of Agriculture.
• As a result of this change, the 2014 contract will be reduced by
$14,600 for a revised total of$118,600. This change will necessitate
receiving the City Council's approval.
• The terms of the contract still provide for the contract to be terminated
upon the expiration of 30 days after service of written notice upon the
other party, if there should be a need to terminate it before it expires
December 31, 21014.
B. POLICY
• The City of Bloomington has sufficient resources to provide a
professional level of inspection services to Richfield residents. Annual
evaluations of their services have shown that they are providing
efficient services in a cost-effective manner.
C. CRITICAL TIMING ISSUES
• N/A
D. FINANCIAL
• This revised contract is as a result of a change in the level of services
that Bloomington provides to Richfield.
E. LEGAL
• The City Attorney has reviewed the contract and has approved of it
and its contents.
F. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• The Council could decide to have Richfield provide its own food services
inspections, beverage and lodging and public swimming pool inspections and
plan check food services; however, the State would have to approve this
change and would likely be concerned about staffing response and capacity
issues. The cost of hiring the staff necessary to provide the same level of
services and administrative support would be more than the current budget
expenditures and would require a significant budget increase.
V. ATTACHMENTS
• 2014 Amended City of Bloomington Food, Beverage, Lodging and Public
Swimming Pool Inspection Contract.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
AMENDMENT OF ENVIRONMENTAL
HEALTH INSPECTIONS AGREEMENT
The City of Richfield has requested amendment of the 2014 Environmental Health
Inspections Agreement to no longer include inspection,complaint investigation and plan review for
retail food establishments by the City of Bloomington as follows in Sections 1 and 5:
1. For the term of this Agreement, Bloomington shall provide the following services:
a. Food establishment inspections and code enforcement as necessary. A minimum of
two(2)inspections will be done of all "high risk"food service establishments(license
types I and II) and schools per year. "Medium risk"food establishments required to
have a certified food manager(license type III) will be inspected twice per year.
"Medium risk" food establishments not required to have a certified food manager
(license type IV) and "Low risk"(license type V) food establishments will be inspected
once(1) per year.
5. In 2014, Richfield shall pay Bloomington the sum of ONE HUNDRED, EIGHTEEN
THOUSAND, SIX HUNDRED AND NO/100 DOLLARS ($118,600)for services
provided pursuant to this Agreement. One-half of this amount shall be due on June 30,
2014, and the remainder shall be due on November 30,2014.
Except as amended herein, the terms and conditions of the 2014 Agreement remain in full
force and effect. This Amendment to the 2014 Agreement shall be effective on (date).
IN WITNESS WHEREOF, the parties have caused this Amendment to the 2014 Agreement
to be executed by their duly authorized officers as of the dates shown on the following page.
CITY OF BI,OO NGI'O, '
DATED: ifri ( BY t �x
Its ayor
DATED: 717114' BY: 111,
s Cit, Manager
Reviewed and approved by the City Attorney.
'ity Atto ey
CITY OF RICHFIELD
DATED: BY:
Its Mayor
DATED: BY:
Its City Manager
2
AGENDA SECTION: CONSENT
AGENDA ITEM# 4F
REPORT# 129
STAFF REPORT
Gc� eed CITY COUNCIL MEETING
JULY 22, 2014
REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES
MANAGER
NA E,TITLE
DEPARTMENT DIRECTOR REVIEW: n r� ice%
vim p1191'11111W
OTHER DEPARTMENT REVIEW: ❑ /'
SIGNATU tr
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a request for a temporary on-sale intoxicating liquor license for the Church of
St. Peter, 6730 Nicollet Avenue South, for their annual Pig Roast event to be held August 16,
2014.
I. RECOMMENDED ACTION:
By Motion: Approve the request by the Church of St. Peter for a
temporary on-sale intoxicating liquor license for their annual Pig
Roast event scheduled to take place on August 16, 2014.
II. EXECUTIVE SUMMARY
The Church of St. Peter is requesting a temporary on-sale intoxicating liquor license
for their annual Pig Roast event to be held on August 16, 2014. They will serve
wine and 3.2 percent malt liquor from 5:30 to 10:00 p.m. As in previous years, their
plans are to have a dinner and dance. All required information, documents and
licensing fees have been provided. Public Safety has reviewed all required
information and documents and has not found any basis for denial. The City
Council has previously granted these licenses in conjunction with this event.
072214 Church of St. Peter
III. BASIS OF RECOMMENDATION
A. BACKGROUND
• On July 1, 2014, the Church of St. Peter submitted a request for a
temporary on-sale intoxicating liquor license for their annual Pig Roast
event to be held on August 16, 2014. All required licensing fees have
been received.
• The Church of St. Peter will also be holding a dance during this event;
however, Richfield City Code Section 1110.03 exempts the
requirement of obtaining a Public Dance license when the proceeds
are devoted to benevolent, fraternal, educational or charitable
organizations as is the case with the Church of St. Peter.
• The event will take place from 5:30 p.m. to 10:00 p.m.
• The applicant has requested a temporary on-sale intoxicating liquor
license to serve wine and 3.2 percent malt liquor at this event. No
other intoxicating liquor beverages will be permitted.
• They plan to serve pulled pork, hotdogs, potatoes, vegetables, dinner
rolls and a dessert.
• The Church of St. Peter has contacted food sanitarians from the City
of Bloomington to ensure proper food handling practices are followed.
• The City has previously granted this license to the Church of St. Peter
for their annual Pig Roast event.
B. POLICY
• Richfield City Code Section 1202 requires applicants of temporary on-
sale intoxicating liquor licenses to comply with all of the provisions of
both City Codes and State Statutes.
• Richfield City Code Section 1110.03 exempts the requirement of
obtaining a Public Dance license when the proceeds are devoted to
benevolent, fraternal, educational or charitable organizations.
C. CRITICAL TIMING ISSUES
• The service of wine and 3.2 percent malt liquor will be allowed only
during the specified time of 5:30 p.m. to 10:00 p.m. on August 16,
2014. No other intoxicating liquor beverages will be permitted.
D. FINANCIAL
• The required licensing fees have been received.
E. LEGAL
• The required proof of liquor liability insurance coverage has been
submitted showing The Catholic Mutual Society affording the
coverage.
F. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• Deny the request for a temporary on-sale intoxicating liquor license for the
Church of St. Peter. This would mean the applicant would not be able to
serve wine or 3.2 percent malt liquor. However, Public Safety has not found
any basis for a denial. In addition, the Council has previously granted these
licenses in conjunction with this event.
V. ATTACHMENTS
• N/A
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Church of St. Peter staff has been notified of the date of this meeting.
•
AGENDA SECTION: CONSENT
AGENDA ITEM# 4G
REPORT# 130
STAFF REPORT
X64 'e' CITY COUNCIL MEETING
JULY 22, 2014
REPORT PREPARED BY: KAREN BARTON, ASSISTANT
COMMUNITY DEVELOPMENT DIRECTOR
NAME,TITLE
DEPARTMENT DIRECTOR REVIEW:
//P
■ATURE
OTHER DEPARTMENT REVIEW: N
VAYSIGNATU
REVIEWED BY CITY MANAGER: r
ITEM FOR COUNCIL CONSIDERATION:
Consideration of an amendment to the purchase agreement dated November 2, 2011 by and
between the City of Richfield and Lyndale Station LLC.
I. RECOMMENDED ACTION:
By Motion: Approve the first amendment to the purchase agreement
dated November 2, 2011 by and between the City of Richfield and
Lyndale Station LLC.
II. EXECUTIVE SUMMARY
On November 2, 2011 the City of Richfield (City) and Lyndale Station LLC (Buyer)
entered into a purchase agreement to sell the city-owned parcel on the northeast
corner of Lyndale Avenue and 66th Street, legally described as Lot 2, Block 1,
Heyman Addition, to the Buyer.
As consideration for the purchase of the property, the Buyer paid the City
$50,000.00. The City further agreed to refund the Buyer $49,999.00 in the event
the Buyer obtains a building permit for the construction of the Restaurant/Retail
building and begins construction on or before September 1, 2014.
07222014 Lyndale Station Purchase Agreement First Amendmentxxx
The Buyer has submitted plans to the City for the construction of the
Restaurant/Retail building and has begun the required Planned Unit Development
(PUD) amendment process.
The City Council is scheduled to take action on the PUD amendment at their
meeting on August 26, 2014.
Given that the Buyer has begun the process to obtain a building permit in good-
faith, and due to the short time between the City Council meeting and September 1,
2014, staff is recommending an extension of the September 1, 2014 deadline be
given to December 31, 2014.
III. BASIS OF RECOMMENDATION
A. BACKGROUND
• The City of Richfield and Lyndale Station LLC entered into a purchase
agreement on November 2, 2011 relating to the sale of the City-owned
property at the northeast corner of Lyndale Avenue and 66th Street.
• Lyndale Station LLC agreed to pay the City $50,000.00 in
consideration of the purchase.
• The City agreed to refund Lyndale Station LLC $49,999.00 if they
obtained a building permit and began construction of a
restaurant/retail building on the property on or before September 1,
2014.
• Lyndale Station LLC has begun the planning process to secure an
amendment to their PUD approval, which is required before they can
obtain a building permit.
• The City Council is scheduled to take action on the PUD amendment
at their meeting August 26, 2014.
B. POLICY
• The City of Richfield actively encourages and supports the
improvement and redevelopment of functionally obsolete or
economically disadvantaged properties, in order to improve the City's
tax base and provide jobs.
• The City's 2008 Comprehensive Plan states the following goals and
policies:
o Goal: Develop the Lakes at Lyndale area as a City
Center;
o Goal: Provide an economic climate within Richfield that
will encourage the availability of quality goods, services
and employment opportunities for residents;
o Policy: Continue to develop and redevelop the Lakes at
Lyndale area as a mixed-use center of living, commerce
and recreation;
o Policy: Promote development that broadens the tax
base.
C. CRITICAL TIMING ISSUES
• The purchase agreement requires the building permit be obtained and
construction commence by September 1, 2014.
• The City Council is scheduled to take action on the PUD amendment
on August 26, 2014.
D. FINANCIAL
• Lyndale Station LLC paid the City $50,000.00 for the property on
November 2, 2011.
• The City agreed to refund $49,999.00 of the purchase price under
certain conditions.
E. LEGAL
• The City Attorney has reviewed the purchase agreement and drafted
the purchase agreement amendment.
F. ENVIRONMENTAL CONSIDERATIONS
• Sustainable building practices will be incorporated as practical.
IV. ALTERNATIVE RECOMMENDATION(S)
• Do not approve the amendment to the purchase agreement.
• Approve the amendment to the purchase agreement with an alternate date.
V. ATTACHMENTS
• Purchase Agreement
• Amendment to Purchase Agreement
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Representative of Lyndale Station LLC
Execution Version: November 2, 2011
REAL ESTATE PURCHASE AGREEMENT
THIS REAL ESTATE PURCHASE AGREEMENT("Agreement")is made as of November
, 2011 (the "Effective Date"), by and between the City of Richfield, Minnesota, a municipal
corporation and political subdivision of the State of Minnesota("Seller"), and Lyndale Station LLC, a
Minnesota limited liability company("Buyer").
In consideratiott of the terms and conditions of this Agreement, Seller and Buyer agree as
follows:
1. Sale of Property. Seller agrees to sell to Buyer fee simple interest in that certain parcel
of real estate located in the City of Richfield, Hennepin County, Minnesota, legally described as Lot 2,
Block 1,Heyman Addition, and all rights,privileges,servitudes,easements and appurtenances thereunto
belonging or appertaining(the"Property"). Buyer hereby agrees to buy the Property from Seller,upon
and subject to the conditions and limitations herein contained.
2. Purchase Price. Buyer shall pay to Seller, as consideration for the purchase of the
Property, the sum of Fifty Thousand and 00/100 Dollars ($50,000.00)("Purchase Price"), as the same
may be adjusted as discussed below. Buyer shall pay to Seller at Closing (defined below) the Purchase
Price by wire transfer, other immediately available thuds, or letter of credit,to be determined in Buyer's
reasonable discretion. Notwithstanding anything to the contrary contained in this Agreement, in the
event Buyer obtains a building permit for the construction of the Restaurant/Retail Building (defined in
Section 20) and commences the construction of visual improvements on the Property on or before
September I,2014,Seller shall refund or release to Buyer a portion of the Purchase Price equal to Forty-
Nine Thousand Nine Hundred Ninety-Nine and 00/100 Dollars ($49,999.00). Such refund shall be paid
to Buyer within fifteen (15) days after Buyer's written request, or such letter of credit shall be released
within fifteen(15)days after Buyer's written request for same.
3, Title and Examination. Buyer's obligation to consummate the transaction
contemplated by this Agreement shall be subject to the satisfaction or waiver of each of the following
conditions ("Examination Conditions")on or before 5:00 p.m. on the date that is one hundred twenty
(120) days after the later to occur of: (i) the Effective Date, or (ii) receipt by Buyer of all of the Due
Diligence Materials described in Section 3(b) below (the "Contingency Date"). Buyer shall have the
unilateral right to waive any of the Examination Conditions, in whole or in part, by written notice to
Seller:
(a) Title/Survey, Seller shall,within ten(10)days after the Effective Date, deliver to Buyer
all of Seller's existing surveys, title policies, commitments, abstracts and exception documents in
Seller's possession or control if any). Buyer shall, within ten (10) days after the Effective Date, at
Buyer's expense, obtain a current title commitment ("Commitment") for the Property (with legible
copies of all underlying title documents listed in the Commitment) for a 2006 ALTA form owner's title
policy(the"Title Insurance Policy")in the amount of the Purchase Price issued by the Title Company
(defined below) showing fee simple title in Seller, subject only to such encumbrances as Buyer shall
specifically agree to in writing (collectively, the "Permitted Encumbrances"). Buyer may obtain, at
Buyer's expense,an updated ALTA as-built survey("Survey")for the Property. If the Survey discloses
survey defects other than the Permitted Encumbrances or if the Commitment shows exceptions other
than the Permitted Encumbrances (collectively, the "Unpermitted Encumbrances"), then Buyer shall
notify Seller, in writing, on or before the Contingency Date, specifying the Unpermitted Encumbrances
(the "Objections"). The"Title Company" shall be Commercial Partners Title, LLC, 200 South Sixth
Street, Suite 1300, Minneapolis, MN 55402. That certain Driveway Easement recorded as Document
81396445
1
Execution Version:November 2,2011
No. 388577 as shown on the Certificate of Title (Certificate No. 589872) for the Property shall be a
Permitted Encumbrance
Seller shall use commercially reasonable efforts to correct or cure Buyer's Objections. Seller
shall have thirty (30) days("Cure Period") after receipt of the Objections to cure such Objections. if
Seller fails to cure any such Objections to the reasonable satisfaction of Buyer within the time provided
above and to give Buyer written notice thereof, Buyer shall have the option to either: (i) terminate this
Agreement by giving written notice to Seller within ten (10)business days following the expiration of
the Cure Period;or(ii)waive the Objections and proceed with Closing.
(b) Due Diligence Materials;Tests. Seller shall, within ten(10)days after the execution of
this Agreement,deliver to Buyer copies of the following due diligence materials to the extent in Seller's
possession or control, for Buyer's review and analysis: (i) all environmental reports and test results
affecting the Property; (ii)soil reports affecting the Property; (iii)any information regarding septic tanks
or wells affecting the Property; (iv) all blueprints and engineering plans for the Property; and (v) any
other documents that materially affect the ownership or management of the Property or any other
documents or records that Buyer may reasonably request(collectively, the"Due Diligence Materials").
Seller shall allow Buyer and Buyer's officers, employees, agents, attorneys, architects and engineers
access to the Property without charge and at all reasonable times, for the purpose of making such
inspections, tests and verifications (collectively, "Tests") as they shall deem reasonably necessary.
Seller shall cooperate with Buyer to resolve, at Seller's expense,any title,utility or environmental issues
discovered by Buyer on or before the Contingency Date.
Buyer may, if the Due Diligence Materials or Tests disclose the presence of a hazardous
substance or contaminant or the existence of geotechnical or other conditions that would interfere with
Buyer's planned use of the Property, terminate this Agreement in the exercise of its reasonable
discretion at any time on or before the Contingency Date. If Buyer elects to terminate this Agreement,
then Buyer shall, on or before the Contingency Date, notify Seller in writing that the Examination
Conditions have not been satisfied. Upon such termination,neither party will have any further rights or
obligations regarding this Agreement or the Property except for those indemnities and obligations that
expressly survive Closing or the termination of this Agreement.
4. Covenants by Seller. Seller covenants and agrees that from the Effective Date until the
Closing Date, Seller shall conduct its business involving the Property as follows,and during such period
will:
(a) Refrain from conveying the Property or any interest therein, or creating on the Property
any easements or other interests affecting the Property.
(b) Refrain from entering into or amending any leases, contracts or other agreements
affecting the Property without the prior written consent of Buyer, which consent shall not be
unreasonably withheld,delayed or conditioned,
(c) Operate,maintain,repair and insure the Property in a manner consistent with the existing
operation,maintenance,repair and insurance of the Property.
5. Representations by Seller. Seller hereby represents and warrants to Buyer as follows:
(a) Seller has the requisite power and authority to enter into and perform this Agreement
and the Seller's Closing Documents (as herein defined); such documents have been duly authorized by
39644v5
2
Execution Version:November 2, 2011
all necessary action on the part of Seller and have been or will be duly executed and delivered; such
execution, delivery and performance by Se ller of such documents will not conflict with or result in a
violation of any judgment, order, or decree of any court or arbiter to which Seller is a party; and such
documents are valid and binding obligations of Seller, and are enforceable against Seller in accordance
with their terms.
(b) Seller is not a"foreign person," "foreign partnership,""foreign trust"or"foreign estate"
as those terms are defined in Section 1445 of the Internal Revenue Code. There is no action,litigation,
investigation, condemnation or proceeding of any kind pending or threatened against the Property.
There are no leases or other occupancy agreements affecting the Property.
(c) The Property and its current use are in compliance with all federal, state and municipal
laws,ordinances,rules and regulations.
(d) To the best of Seller's knowledge, Seller has disclosed and made available to Buyer all
reports and investigations commissioned by, in Seller's possession or otherwise readily available to
Seller relating to Hazardous Substances and the Property. The term "Hazardous Substance," in the
singular and plural form, means any "hazardous substance" as defined in the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended from time to time (42
§§ 9601 et. seq.), any substances or materials that are classified or considered to be hazardous,
contaminants, toxic or pollutants,or otherwise regulated under the laws of the State of Minnesota,crude
oil and any fraction thereof, asbestos in any form or condition, polychlorinated biphenyls in any form or
condition, and any other substance that may be harmful to human health including, without limitation,
mold and radon. Seller is not aware of any environmental condition, situation or incident on, at, or
concerning the Property that could give rise to an action or liability under any law, rule, ordinance, or
common law theory. To the best of Seller's knowledge, there are no past or present investigations,
administrative proceedings, litigation, regulatory hearings or other actions proposed, threatened or
pending, alleging non-compliance with or violation of any federal, state or local laws, ordinances,rules
or regulations dealing with environmental,health or safety matters ("Environmental Laws")or relating
to any required environmental permits, and neither Seller nor any third party has violated any
Environmental Laws with respect to the Property. To the best of Seller's knowledge, there are no
underground or above ground storage tanks on the Property and no such tanks have been removed
during Seller's ownership of the Property.
(e) There are no service, maintenance or other contracts or equipment leases relating to the
Property that will remain in place post-Closing.
(f) The Due Diligence Materials made available and to be made available to Buyer by Seller
shall be true,accurate,and complete in all material respects and shall not omit any material information.
• (g) Seller holds good,marketable fee simple title to the Property. Seller has not entered into
any other purchase agreements, options, rights of first offer,rights of first refusal or related agreements
with any other party giving any other party the right to purchase the Property or any portion thereof, and
no such rights exist in any other party.
(h) There are no unsatisfied judgments, state or federal tax liens or encroachments or
boundary line questions affecting the Property.
(i) There is no pending or threatened condemnation proceeding or similar proceeding or
assessment affecting any part of the Property.
81396445
3
Execution Version:November 2,2011
(j) There are no parties with any interest in the Property, and no other signatures are
required to make this Agreement fully enforceable by Buyer,other than Seller.
If at any time prior to Closing, Seller learns of events or circumstances which render any of the
representations or warranties set forth in this Section 5 inaccurate in any respect, Seller shall
immediately notify Buyer in writing, and in such event, Buyer shall have the right to terminate this
Agreement upon written notice to Se Iler. In the event Buyer elects not to so terminate this Agreement,
the parties shall proceed pursuant to the terms of this Agreement, and the applicable representations and
warranties shall be deemed modified as disclosed in such notice from Seller. The representations and
warranties of Seller contained in this Agreement,as the same may be modified,shall survive Closing for
a period of twelve (12) months. Seller shall indemnify, defend and hold harmless Buyer and Buyer's
lenders,principals,officers, employees, directors and members from and against any and all loss, cost,
liability, damage or expense(including reasonable attorneys' fees and court costs) suffered or incurred
by any of such indemnified parties as a result of the breach by Seller of any of the representations and
warranties set forth in this Agreement
6. Representations by Buyer. Buyer represents to Seller that Buyer is a limited liability
company duly organized and validly existing and in good standing under the laws of the State of
Minnesota; Buyer has the requisite power and authority to enter into this Agreement and the Buyer's
Closing Documents(defined below); such documents have been duly authorized by all necessary action
on the part of Buyer and have been or will be duly executed and delivered; and such documents are
enforceable against Buyer in accordance with their terms, subject to applicable bankruptcy, insolvency,
reorganization,moratorium,creditor's rights and other similar laws.
7. Closing.
(a) Closing Date. The closing of the purchase and sale contemplated by this Agreement
(the "Closing") shall occur on a date to be determined by Buyer,provided such date is no sooner than
the closing date of Buyer's purchase of the Former K-Mart Property(defined below) and no later than
June 1, 20.12 (the "Closing Date"). The Closing shall be held at the office of the Title Company, or at
such other place as the parties may mutually agree. Seller agrees to deliver possession of the Property to
Buyer on the Closing Date, flee and clear of the rights of any tenants, licensees or occupants.
Notwithstanding anything to the contrary, Buyer may simultaneously close on the purchase of the
Property and the Former K-Mart Property in Buyer's sole discretion upon notice to Seller.
(b) Buyer's Closing Conditions Precedent. Buyer's obligation to consummate the
transaction contemplated by this Agreement shall be subject to the satisfaction or waiver of each of the
following conditions ("Buyer's Closing Conditions Precedent"); provided, however that Buyer shall
have the unilateral right to waive any Buyer's Closing Conditions Precedent, in whole or in part, by
written notice to Seller:
(1) On or before the Contingency Date, Seller shall have obtained any and all
necessary approvals and findings authorizing Seller's conveyance of the
Property to Buyer in accordance with Section 4.
(ii) The representations in Section 5 of Seller hereof shall be,in all material respects,
true and complete as of the Closing Date.
(iii) Seller shall have performed all of the obligations required to be performed by
Seller under this Agreement,as and when required by this Agreement,
81396445
4
Execution Version:November 2,2011
(iv) There shall not have been instituted and be pending any action or proceeding
before any court, governmental agency or other regulatory or administrative
agency or commission challenging the purchase and sale of the Property or the
transactions related thereto.
(v) Neither Buyer nor Se ller shall have terminated this Agreement as provided
herein.
(vi) On the Closing Date, title to the Real Property shall be acceptable to Buyer in
accordance with the provisions of Section 3(a).
(vii) Buyer shall have closed on the purchase of the property located adjacent to the
Property and legally described as Lot I, Block 1, Heyman Addition, Hennepin
County, Minnesota (the "Former K-Mart Property"). Buyer may
simultaneously close on the purchase of the Property and the Former K-Mart
Property, In the event Buyer is unable to purchase the Former K-Mart Property
for any reason, Buyer shall not be obligated to purchase the Property and may,
without penalty, terminate this Agreement at any time upon written notice to
Seller.
Seller shall cooperate with Buyer in accomplishing the Buyer's Closing Conditions Precedent contained
in this Section 7, including but not limited to Seller providing or obtaining any relevant information,
certifications or applications, executing documents, and holding hearings or otherwise participating in
any regulatory or governmental processes; provided, however, the foregoing shall not limit or restrict
Seller's exercise of Seller's legal authority and discretion with respect to any application that Buyer may
submit to Seller in its capacity as a government entity and regulatory agency. In the event that all
Buyer's Closing Conditions Precedent have not been satisfied or waived as of the scheduled Closing
Date or other date specified above, this Agreement may terminate at Buyer's election. In such event,
neither party will have any further rights or obligations regarding this Agreement or the Property.
(e) Seller's Closing Condition Precedent Seller's obligation to consummate the
transaction contemplated by this Agreement shall be subject to the satisfaction or waiver of the
following condition; provided, however that Seller shall have the unilateral right to waive such
condition, in whole or in part, by written notice to Buyer: (i) Buyer shall have closed on its purchase of
the Former K-Mart Property or shall simultaneously close on its purchase of the Property and the
Former K-Mart Property, In the event Buyer is unable to purchase the Former K-Mart Property or does
not purchase the Former K-Mart Property,this Agreement shall be null and void and of no effect.
8. Closing Deliveries.
(a) Seller's Closing Documents. On the Closing Date, Seller shall execute and/or deliver
to Buyer or cause to be executed and/or delivered the following (collectively, the "Seller's Closing
Documents"):
(i) Deed. A Limited Warranty Deed ("Deed") conveying the Property to Buyer,
subject only to the Permitted Encumbrances.The Deed shall contain a temporary
restriction regarding Buyer's ability to sell the Property to a third party unless
such third party assumes the development obligations related to the
Restaurant/Retail Building and the Public Area set forth in Section 20 (the
"Restriction"). The form and content of the Restriction shall be subject to
813%445
5
Execution Version: November 2,2011
Buyer's review and approval,and shall automatically terminate upon completion
of the obligations set forth in Section 20.
(ii) Certificate Regarding Representations in Section 5. A certificate stating that
the representations in Section 5 made by Seller under this Agreement are true
and complete in all material respects as of the Closing Date,
(iii) FIRPTA Affidavit A non-foreign seller affidavit properly containing such
information as is required by Section 1445(b)(2) of the Internal Revenue Code
and the regulations promulgated thereunder.
(iv) Title Documents. Such affidavits of Seller, transfer tax declarations or other
documents as may be reasonably required by the Title Company in order to
record the Deed and issue the Title Insurance Policy.
(v) Miscellaneous. Other documents reasonably required to consummate the
transaction this Agreement contemplates.
(vi) Seller's Affidavit. An Affidavit of Seller indicating that on the Closing Date
there are no outstanding,unsatisfied judgments, tax liens or bankruptcies against
or involving the Property; that there has been no labor or material furnished to
the Property for which payment has not been made or for which mechanics' liens
could be filed; that there are no unrecorded interests in the Property; and that
there are no encroachment or survey issues of which Seller is aware; together
with whatever standard owner's affidavit and/or indemnity may be reasonably
required by the Title Company to issue the Title Insurance Policy conforming to
the requirements of this Agreement.
(vii) Well Certificate. If there are wells on the Property, a Well Certificate in the
form required by Minn. Stat. §1031.
(viii) Title Policy. The Title Insurance Policy or a marked-up title Commitment,
meeting the requirements of this Agreement.
(ix) Termination of Service Contracts. Evidence that any service contracts for the
Property have been terminated and that there are no claims, penalties or
liabilities by or owed to such vendors that could adversely affect Buyer or the
Property as a result of such terminations. Any service contracts affecting the
Property shall be terminated prior to Closing by Seller at Seller's expense.
(x) Return of Purchase Price. An instrument to be prepared by Seller and
approved by Buyer obligating Seller to refund or return a portion of the Purchase
Price pursuant to Section 2.
(b) Buyer's Closing Documents. On the Closing Date, Buyer will execute and/or deliver
or cause to be executed and/or delivered to Seller the following (collectively, the "Buyer's Closing
Documents"):
(i) Purchase Price; Title Documents. The Purchase Price and such affidavits of
Buyer, transfer tax declarations or other documents as may be reasonably
81396445
6
Execution Version: November 2,2011
required by the Title Company in order to record the Deed and issue the Tit le
Insurance Policy.
(ii) Agreement Regarding Public Area. An instrument to be prepared by Buyer
and found reasonably acceptable by Seller acknowledging that the Public Area
(defined below) will be shared by Buyer and Buyer's tenants, occupants and
licensees with the public for certain uses and that Buyer will be responsible for
all maintenance and operation costs associated with the Public Area.
(iii) Miscellaneous. Other documents reasonably required to consummate the
transaction this Agreement contemplates.
9. Adjustment and Prorations. For purposes of calculating prorations, Buyer shall be
deemed to be in title to the Property for the entire day upon which the Closing occurs. All such
prorations shall be made on the basis of the actual number of days of the year and month that shall have
elapsed as of the Closing Date. Except as otherwise expressly provided in this Agreement,all prorations
provided for herein shall be final.
(a) Real Estate Taxes and Special Assessments. Real estate taxes and installments of
special assessments payable therewith due and payable in the year of Closing shall be prorated on a
daily basis as of the Closing Date based upon the most recent tax bills. Real estate taxes and
installments of special assessment payable therewith due and payable in the year prior to the year of
Closing and all prior years shall be paid by Seller. Seller shall pay on or before the Closing Date all
levied,pending and deferred special assessments as of the Closing Date.
(b) Title Insurance„ Buyer shall pay all title examination fees and Commitment fees of the
Title Company. Buyer shall pay the premium for the Title Insurance Policy, with endorsements and
extended coverage over the standard exceptions. Buyer shall also pay all costs of any lender's title
insurance policy.
(c) Survey Costs. Buyer shall pay all costs of the Survey.
(d) Closing Fee. Seller and Buyer shall each pay one-half of the closing fees charged by the
Title Company.
(e) Transfer Tax; Sales Tax. Buyer shall pay all state deed tax owed to the State of
Minnesota and any other transfer taxes or sales tax due in connection with the sale of the Property to
Buyer.
(f) Recording Costs. Buyer shall pay the cost of recording the Deed.
10. Default/Remedies. (a) Seller's Default. In the event of a breach or default by Seller
under the terms and conditions of this Agreement, Buyer shall have the right (i) to terminate this
Agreement, (ii) to enforce specific performance of this Agreement, provided that any action for specific
performance must be commenced within twelve(12)months of the scheduled Closing Date, as the same
may have been extended pursuant to the provisions hereof, or(iii)to sue Seller for Buyer's damages and
out-of-pocket costs and expenses,including reasonable attorneys' fees, in connection with the Property.
(b ) Buyer's Default. In the event of a breach or default by Buyer under the terms and conditions of
this Agreement, Seller, as its sole and exclusive remedy, shall have the right to terminate this Agreement
by giving written notice to Buyer under Minnesota Statutes,Section 559.21.. If Buyer fails to cure such
8139644v5
7
Execution Version:November 2,2011
default within thirty (30)days after the date of such notice, this Agreement shall terminate and neither
party will have any further obligations under this Agreement.
11. Condemnation. If, prior to the Closing Date, eminent domain proceedings are
commenced against all or any substantial part of the Property, Se ller shall immediately give notice to
Buyer of such fact and, at Buyer's option (to be exercised within thirty(30) days after Seller's notice),
this Agreement shall terminate. In the event of any such termination,neither party will have any further ,
obligations under this Agreement (other than the surviving indemnity obligations, which shall survive
termination). If Buyer fails to elect to terminate this Agreement in the manner provided in this Section
12,then there shall be no reduction in the Purchase Price, and Seller shall assign to Buyer at the Closing
all of Seller's right, title and interest in and to any award made or to be made in the condemnation
proceedings and all payments made in lieu of condemnation. Prior to the Closing Date, Seller shall not
designate counsel, appear in, or otherwise act with respect to the condemnation proceedings without
Buyer's prior written consent,which consent shall not be unreasonably withheld or delayed.
12. Broker's Commissions. Seller represents to Buyer that in connection with the
transaction contemplated hereby,no third party broker or tinder has been engaged or consulted by Seller
or is entitled to compensation or commissions in connection herewith. Seller shall defend, indemnify
and hold harmless Buyer from and against any and all claims of brokers, finders or any like third party
claiming any right to commissions or compensation by or through acts of Seller in connection herewith.
This Section 12 shall survive the expiration or termination of this Agreement or the Closing.
13. Assignment. Buyer may not assign its rights under this Agreement without Seller's
prior written consent. Any assignment shall be subject to the provisions, terms, covenants and
conditions of this Agreement and such assignment and assumption shall be evidenced by a written
agreement. Seller may not assign its rights under this Agreement without the prior written consent of
Buyer.
14. Notices. Any notice or other communication in connection with this Agreement shall be
in writing and shall be sent by nationally recognized overnight courier guaranteed next business day
delivery, by facsimile transmission, by certified mail, return receipt requested, or by personal delivery,
properly addressed as follows:
If to Seller: City of Richfield
6700 Portland Avenue
Richfield,MN 55423
Attn: Debbie Goettel and Steven Devich
Facsimile No.:(612) 861-9749
With a copy to Kennedy&Graven
470 U.S.Bank Plaza
200 South Sixth Street
Minneapolis,MN 55402
Attn: Conine Heine
Facsimile No.: (612)337-9310
If to Buyer; Lyndale Station LLC
1625 Energy Park Drive, Suite 100
St.Paul,MN 55108
Attn: Tanya Bell
5139644v5
8
Execution Version:November 2,2011
Facsimile No.: (651)292-0072
With a copy to: Leonard,Street and Deinard
150 South Fifth Street, Suite 2300
Minneapolis,MN 55402
Attn: Gina Fox
Facsimile No (612) 335-1657
All notices shall be deemed given one (1) business day following deposit if delivered to an overnight
courier guaranteeing next day delivery,two (2)business days following deposit if sent by certified mail,
or on the same day if sent by personal delivery or by facsimile(with proof of transmission). Any party
may change its address for the service of notice by giving written notice of such change to the other
party, in any manner above specified.
15. Captions; Entire Agreement; Modification. The section headings or captions
appearing in this Agreement are for convenience only, are not a part of this Agreement,and are not to be
considered in interpreting this Agreement. This Agreement constitutes the entire agreement between the
parties with respect to the subject matter herein contained, and all prior negotiations, discussions,
writings and agreements between the parties with respect to the subject matter herein contained are
superseded and of no further force and effect, No covenant, term or condition of this Agreement shall
be deemed to have been waived by either party, unless such waiver is in writing signed by the party
charged with such waiver.
16. Binding Effect; Controlling Law;Severability, This Agreement shall be binding upon
and inure to the benefit of the parties hereto and their respective successors and assigns. This
Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota.
The =enforceability or invalidity of any provisions hereof shall not render any other provision herein
contained unenforceable or invalid.
17. Time of Essence; Counterparts; Interpretation; Survival. Time is of the essence of
this Agreement. Should the date for the giving of any notice, the performance of any act, or the
beginning or end of any period provided for herein fall on a Saturday. Sunday or other legal holiday,
such date shall be extended to the next succeeding business day which is not a Saturday, Sunday or legal
holiday. This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original,but all of which together shall constitute one and the same instrument. In the event
an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if
drafted jointly by the parties hereto and no presumption or burden of proof shall arise favoring or
disfavoring any party by virtue of the authorship of any of the provisions of this. Agreement. The
respective covenants, agreements, indemnifications, warranties and other terms of this Agreement will
survive and be in full force and effect after the Closing, and shall not be deemed to have merged into
any of the closing documents,
18. No Negotiation. Seller and its employees, agents and representatives will not: (a)
directly or indirectly solicit, initiate or encourage any inquiries or proposals from, discuss or negotiate
with, provided any non-public information to,, or consider the merits of any unsolicited inquiries or
proposals from any person or entity (ether than Buyer) relating to any transaction involving the sale or
purchase of the Property in whole or in part or similar transaction; or(b)respond to solicitations of any
persons or entities(other than Buyer)relating to the purchase or sale of the Property in whole or in part.
8139644v5
9
Execution Version: November 2, 2011
19. Representation by Counsel. The parties acknowledge that each party to this
Agreement has been represented by counsel and such counsel have participated in the negotiation and
preparation of this Agreement. This Agreement shall be construed without regard to any presumption or
rule requiring that it be construed or constructed against the party who has drafted or caused this
Agreement to be drafted.
20. Construction of improvements. Buyer agrees to construct an approximately 8,500
square foot restaurant/retail building(the"Restaurant/Retail Building"),a sidewalk,a patio,public art,
lighting and landscaping improvements on the portion of the Property outlined on Exhibit A.attached
hereto and made a part hereof(the"Public Area"). Seller shall remove the existing sculpture owned by
Seller that is located within the Public Area on or before the Closing Date.
21. Grant Application. Seller shall collaborate and cooperate with Buyer to submit to
Hennepin County and/or to the Metropolitan Council a grant application for no less than Three Hundred
Fifty Thousand and 00/100 Dollars ($350,000.00) to provide financial assistance to Buyer for the
construction of the Restaurant/Retail Building and/or the other improvements Buyer contemplates
constructing and completing on the Former K-Mart Property. Such collaboration and cooperation shall
include, but not limited to, Seller providing or obtaining any relevant information, certifications or
applications, executing documents, and appearing at hearings or otherwise participating in any
regulatory or governmental processes, provided that Seller shall not be obligated to incur any out-of-
pocket costs in connection therewith.
22. Lyndale Right-of-Way Dedication. If requested by Seller, Buyer shall dedicate to
Seller approximately twelve (12) feet behind the curb cut along Lyndale Avenue (the approximate
location of which is shown on Exhibit B attached hereto) for street right-of-way purposes.
Notwithstanding the foregoing,Seller and Buyer shall work in good faith to determine the exact location
of any required right-of-way dedication within thirty (30) days after the Effective Date. In addition,
Seller and Buyer shall work in good faith to finalize any necessary utility easements and to define
setbacks associated with Buyer's development on the Property and the Former K-Mart Property within
thirty(30)days after the Effective Date.
[Signature Page Follows]
8 I 39644v5
10
Execution Version:November 2,2011
Signature Page
to
Real Estate Purchase Agreement
IN WITNESS WHEREOF, Seller and Buyer have executed this Agreement as of the day and
year first above written.
SELLER: BUYER:
CITY OF RICHFIELD,MINNESOTA LYNDALE STATION LLC
a Minnesota limited liability company
( .. ,
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N. °04r.e tie Goette 0 Name: Stephen B. Wellington,Jr.
T .,f a in-
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Its: Chief Manager
A i
F fir/1r t I
w 4,
e. teven 1,,evich
Title: City Manager
8139644v5
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Execution Version: November 2,-2011
EXHIBIT:A
TO
REAL ESTATE PURCHASE AGREEMENT
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8139644v5
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Execution Version: November 2,2011
EXHIBIT B
TO
REAL ESTATE PURCHASE AGREEMENT
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813%44v5
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FIRST AMENDMENT TO PURCHASE AGREEMENT
This First Amendment to Purchase Agreement (the "First Amendment"), has been made
and entered into effective as of this day of July, 2014, by and between the City of
Richfield, a Minnesota municipal corporation ("Seller") and Lyndale Station, LLC, a Minnesota
limited liability company ("Buyer").
RECITALS
WHEREAS, Seller and Buyer are parties to that certain Purchase Agreement, dated
November 2, 2011 (the"Purchase Agreement"); and
WHEREAS, Seller and Buyer do hereby wish to amend the Purchase Agreement, all as
hereinafter set forth.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do
hereby agree as follows:
1. Paragraph 2 of the Purchase Agreement is hereby amended to read as follows:
2. Purchase Price. Buyer shall pay to Seller, as consideration for the
purchase of the Property, the sum of Fifty Thousand and 00/100 Dollars
($50,000.00) ("Purchase Price"), as the same may be adjusted as discussed
below. Buyer shall pay to Seller at Closing (defined below) the Purchase Price by
wire transfer, other immediately available funds, or letter of credit, to be
determined in Buyer's reasonable discretion. Notwithstanding anything to the
contrary contained in this Agreement, in the event Buyer obtains a building
permit for the construction of the Restaurant/Retail Building (defined in Section
20) and commences the construction of visual improvements on the Property on
or before December 31, 2014, Seller shall refund or release to Buyer a portion of
the Purchase Price equal to Forty-Nine Thousand Nine Hundred Ninety-Nine and
00/100 Dollars ($49,999.00). Such refund shall be paid to Buyer within fifteen
(15) days after Buyer's written request, or such letter of credit shall be released
within fifteen(15) days after Buyer's written request for same.
2. Except with regard to the amendment set forth above, all other provisions of the
Purchase Agreement shall remain unchanged.
446941v1 MDT RC160-5
IN WITNESS WHEREOF, Seller and Buyer have caused this First Amendment to be signed
and executed on their behalf as of the day and year first written above.
SELLER
CITY OF RICHFIELD
Date of Signature:
, 2014
By:
Debbie Goettel, Mayor
By:
Steve Devich, City Manager
BUYER
LYNDALE STATION, LLC, a Minnesota
limited liability company
Date of Signature:
, 2014
By:
Stephen B. Wellington, Jr., Chief Manager
446941v1 MDTRC160-5
AGENDA SECTION: CONSENT
AGENDA ITEM# 4H
REPORT# 131
STAFF REPORT
Gc�/;eec� CITY COUNCIL MEETING
JULY 22, 2014
REPORT PREPARED BY: DERICK ANDERSON, ENGINEERING
TECHNICIAN
NAME,TITLE
DEPARTMENT DIRECTOR REVIEW: �J
GNATURE
OTHER DEPARTMENT REVIEW:
ILA ,% .4r.!!��� Al
ift---v f SI/A '
•i ,,REVIEWED BY CITY MANAGER: pr, Ao -
`V .,
ITEM FOR COUNCIL CONSIDERATION:
Consideration of award of contract for the repaving of the Wood Lake Nature Center parking
lot.
I. RECOMMENDED ACTION:
By Motion:
1. Accept the bid minutes/tabulation and award a contract to
repave the Wood Lake Nature Center parking lot to Park
Construction Company in the sum of $104,400.
2. Authorize the Recreation Director to approve additional contract
work provided it does not exceed $50,000.
II. EXECUTIVE SUMMARY
The Wood Lake Nature Center parking lot is in need of repaving due to its
deteriorated condition. The lot dates back to 1971 when the Nature Center opened.
Because of the pavement condition and thickness, a mill and overlay is not
possible, so all the pavement and base will need to be pulverized and graded for
four inches asphalt, similar to new construction. Most of the curb and gutter is in
good condition, so spot concrete repairs will take place prior to the paving. This
process was used to repave the Ice Arena parking lot in 2010 and was very
successful and cost-effective.
08222014 Wood Lake Nature Center Parking Lot Paving
III. BASIS OF RECOMMENDATION
A. BACKGROUND
• The Wood Lake Nature Center opened in 1971 and the parking lot is
believed to be the original lot.
• Seven core samples were taken and revealed the pavement thickness
was only 1.5 inches in the worst areas, far less than the expected 4
inches.
• Bids for the concrete repair project were opened on June 16, 2014.
Park Construction Company was the lowest responsible bidder. City
staff recommends the award of contract to Park Construction (bid tab
attached).
• Concrete repairs and ADA improvements will take place prior to the
parking lot paving.
B. POLICY
• The Council must approve all contracts over$100,000.
C. CRITICAL TIMING ISSUES
• Concrete repair work is scheduled to begin September 2, 2014 and be
completed by September 30, 2014.
D. FINANCIAL
• The project is a 2014 Capital Improvement Project with a budget of
$175,000
• Six bids were received for the reconstruction. The lowest bid was
$104,400.00.
• The Engineer's Opinion of cost for the project was $102,000.
E. LEGAL
• All contracts over $100,000 require sealed bids to be solicited by
public notice
• The City Attorney will be available to answer questions.
F. ENVIRONMENTAL CONSIDERATIONS
• A NPDES construction storm water permit will be required for the
project.
IV. ALTERNATIVE RECOMMENDATION(S)
• Council may choose to reject the bid and direct staff to obtain new bids but
the delay could result in higher bids and less competition.
• Council may choose to not do the work.
V. ATTACHMENTS
• Bid minutes/tabulation.
• Contract
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
CITY OF RICHFIELD, MINNESOTA
Bid Opening
June 16, 2014
2:00 p.m.
Wood Lake Nature Center Parking Lot
Bid No. 14-05
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 the Wood Lake Nature Center parking lot,
as advertised in the official newspaper on May 29, 2014.
Present: Nancy Gibbs, City Clerk
Derick Anderson, Civil Engineer
Cheryl Krumholz, City Manager Representative
The following bids were submitted and read aloud:
Bidder's Name Bond Non- Intent to Total Base Bid
Collusion Comply
Hardrives, Inc. Provided Provided Provided $ 141,612.68
Ace Blacktop, Inc. Provided Provided Provided $ 129,617.00
Northwest Asphalt, Inc. Provided Provided Provided $ 130,235.00*
Bituminous Roadways, Inc. Provided Provided Provided $ 128,165.00
DMJ Asphalt, Inc. Provided Provided Provided $ 134,927.50
Park Construction Company Provided Provided Provided $ 104,400.00
*corrected amount
The City Clerk announced that the bids would be tabulated and considered at the July
22, 2014 City Council Meeting.
Nancy Gibbs City Clerk
CITY OF RICHFIELD
HENNEPIN COUNTY, MINNESOTA
CONTRACT FOR MUNICIPAL CONSTRUCTION
City Project No.
Contract No. 2801
Bid No. 14-05
Class of Work: Wood Lake Nature Center Parking Lot Bituminous Reclaim and Paving
THIS AGREEMENT made on the 22nd day of July 2014, between the City of Richfield, Minnesota,
acting by and through its Mayor and City Manager, herein called the "City," and Park Construction
Company herein called the "Contractor," witnesseth; that the Contractor, in consideration of the
payment of the contract price therefor, amounting substantially to One Hundred Four Thousand
Four Hundred Dollars And Zero Cents ($104,400.00), agrees to furnish all materials (except such
as are specified to be furnished by the City, if any), all necessary tools and equipment, and to do
and perform all the necessary work and labor for the full completion of city projects as follows:
Removal, replacement and appurtenant work for approximately:
5,450 square yards of reclaim bituminous surface; and
1,232 tons of asphalt hot mix
as shown in the approved plans, for the price and compensation set forth and specified in the
proposal signed by the Contractor, which is hereto attached and hereby made a part of this
Agreement, all in accordance with the plans, specifications and special provisions therefor on file in
the office of the Public Works Department, City of Richfield, and hereby made a part of this
Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto
and their respective successors and assigns.
The Contractor agrees that the work shall be done and performed in the best and most
workmanlike manner; that all materials and labor shall be in strict conformity in every respect with
the plans, specifications and special provisions for the improvement, shall be subject to inspection
and approval of the City of a duly authorized engineer of the City, and in case any material or labor
supplied shall be rejected by the City or engineer as defective or unsuitable, then such rejected
material shall be removed and replaced with approved material and the rejected labor shall be
done anew to the satisfaction and approval of the City or engineer and at the cost and expense of
the Contractor.
The contractor SHALL NOTIFY THE Engineer in writing of his intentions to commence work at
least five (5) days prior to his moving onto the site according to the specifications and will have all
work done and the improvement fully completed to the satisfaction and approval of the City Council
of the City of Richfield, Minnesota, on or before September 30, 2014, and meet specific deadlines
as mentioned in the specification book.
Time is the essence of this Agreement for prompt completion and, if the Contractor shall fail to
complete the work within the time herein specified, the City shall have the right to deduct from the
unpaid part of the contract price fixed, agreed, and liquidated damages (it being impossible to
determine the actual damages occasioned by the delay) for each calendar day of delay, until the
work is completed.
It is agreed, however, that upon receipt of written notice from the Contractor of the existence of
causes over which the Contractor has no control and which will delay the completion of
specifications may extend the date hereinbefore specified for completion. In such case the
Contractor shall become liable for said liquidated damages only for failure to perform within the
time so extended.
1
CITY OF RICHFIELD
HENNEPIN COUNTY, MINNESOTA
CONTRACT FOR MUNICIPAL CONSTRUCTION
City Project No.
Contract No. 2801
Bid No. 14-05
Class of Work: Wood Lake Nature Center Parking Lot Bituminous Reclaim and Paving
It is agreed also that delays caused by the elements or by strikes or other combined action of
workmen employed in the construction or in the transportation of materials, but in no part caused
or resulting from default or collusion on the part of the Contractor, shall be excused to the extent
which the City may find and determine such conditions to have delayed completion within the time
limit. The judgment of the City in fixing such amount shall be final and conclusive upon the parties
hereto.
It is distinctly understood and agreed that no claims for extra work done or materials furnished by
the Contractor will be allowed by the City except as provided herein, nor shall the Contractor do
any work or furnish any materials not covered by the plans, specifications, special provisions and
this Agreement unless such work is first ordered in writing as provided in the specifications.
Any such work or materials which may be done or furnished by the contractor without such written
order first being given shall be at his own risk, cost and expense and he hereby agrees that without
such written order he will make no claim for compensation for work or materials so done or
furnished.
It is further agreed, anything to the contrary notwithstanding, that the City of Richfield, City Council
and its agents or employees shall not be personally liable or responsible in any manner to the
Contractor, Subcontractors, materialmen, laborers or to any person or persons whomsoever for
any claim, demand, damages, actions or causes of action of any kind or character arising out of or
by reason of the execution of this Agreement or the performance and completion of the work and
improvement provided herein.
Dated at Richfield, Minnesota, on the 22nd day of July, 2014.
Signatures for: Park Construction Company
By
Its
Signatures for: CITY OF RICHFIELD, MINNESOTA (City)
By
Its City Manager, Steven L. Devich
By
Its Mayor, Debbie Goettel
2
AGENDA SECTION: PUB. HEARING
AGENDA ITEM# 6
REPORT# 132
STAFF REPORT
Ge( eQ� CITY COUNCIL MEETING
JULY 22, 2014
REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES
MANAGER
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DEPARTMENT DIRECTOR REVIEW: id ∎11111//■-
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OTHER DEPARTMENT REVIEW: N/A
.�` //,, SIGNATURE
REVIEWED BY CITY MANAGER: f /
ITEM FOR COUNCIL CONSIDERATION:
Public hearing for the consideration of the issuance of new on-sale intoxicating and Sunday
liquor licenses with the optional 2:00 a.m. closing for Last Call Operating Co II, Inc., d/b/a
Champps Americana, 790 West 66th Street.
I. RECOMMENDED ACTION:
By Motion: Approve the issuance of new on-sale intoxicating and
Sunday liquor licenses with the optional 2:00 a.m. closing for Last
Call Operating Co II, Inc., d/b/a Champps Americana, 790 West 66th
Street.
II. EXECUTIVE SUMMARY
On April 21, 2014 the City received application materials for new on-sale
intoxicating and Sunday liquor licenses with the optional 2:00 a.m. closing for Last
Call Operating Co II, Inc., d/b/a Champps Americana.
Last Call Operating Co II Inc. recently acquired Fox & Hound, Champps and
Bailey's Sports Grille Restaurant Chains from bankruptcy. Effective March 12, 2014
Jim Zielke is the sole officer of the company with the titles Chief Financial Officer,
Vice President, Treasurer and Secretary. Scott Larson will continue his role as
General Manager under the new ownership.
072214 PH Champps
All required information and documents have been provided. All licensing fees have
been received. The Public Safety background investigation has been completed.
The results of the investigation are summarized in an attachment to this report. The
Acting Public Safety Director has reviewed the background investigation report and
none of the information in the report would cause the Acting Public Safety Director
to recommend denial of the license.
III. BASIS OF RECOMMENDATION
A. BACKGROUND
On April 21, 2014 the City received applications and other required documents for
on-sale intoxicating and Sunday liquor licenses with the optional 2:00 a.m. closing
for Last Call Operating Co II, Inc., d/b/a Champps Americana.
The Public Safety background investigation has been completed and reveals the
following:
Champps Americana is now owned under the corporation Last Call Operating Co II,
Inc. Effective March 12, 2014 Jim Zielke became the sole officer of Champps
Americana with the titles Chief Financial Officer, Vice President, Treasurer and
Secretary. The role of General Manager will continue to be Scott Larson.
The application for on-sale intoxicating and Sunday liquor licenses with the optional
2:00 a.m. closing will be issued in the name of Last Call Operating Co II, Inc.
The applicant has satisfied the following requirements for issuance of licenses:
• The required license fees have been paid.
• Real estate taxes are current.
• Proof of commercial and liquor liability insurance have been received
showing Zurich American Insurance Company as affording coverage.
As a result of this being a new request for on-sale intoxicating and Sunday liquor
licenses with the optional 2:00 a.m. closing, there is no need for an accountant's
statement regarding the food/alcohol ratio.
The Public Safety background investigation has been completed. The results of the
investigation are summarized in an attachment to this report. The Acting Public
Safety Director has reviewed the background investigation report and none of the
information in the report would cause the Acting Public Safety Director to
recommend denial of the license.
On-sale intoxicating and Sunday liquor licenses require owners of these
establishments to comply with Resolution No. 9511, which outlines the discipline
they can expect if any ongoing problems occur. A copy of this resolution has been
given to the owners of the establishment.
There are no distance requirements to notify neighbors of the issuance or renewal
of on-sale intoxicating and Sunday liquor licenses.
The Notice of Public Hearing was published in the Richfield Sun Current on July 10,
2014.
B. POLICY -
• Richfield City Code Section 1202 requires owners of on-sale
intoxicating and Sunday liquor license establishments to comply with
all of the provisions of both City Code and State Statutes.
C. CRITICAL TIMING ISSUES
• N/A
D. FINANCIAL
• The required background investigation and licensing fees have been
received.
E. LEGAL
• The requirements of Resolution No. 9511 must be met, which outlines
the discipline they can expect if any ongoing problems occur. A copy
of this resolution has been given to the owners of the establishment.
F. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATIONS)
• The Council could decide to deny the requested licenses, which would mean
the current applicants would not be able to serve on-sale intoxicating and
Sunday liquor.
• Schedule the hearing for another date. However, this may delay the
licensing process.
V. ATTACHMENTS
• Summary of background investigation report.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Jarrett Ritenour (District Manager) and Scott Larson (General
Manager)
SUMMARY OF BACKGROUND INVESTIGATION FOR LAST CALL
OPERATING II, INC. d/b/a CHAMPPS AMERICANA
Officers:
James Keith Zielke, Chief Financial Officer, Vice President, Treasurer and
Secretary
Criminal Histories:
Criminal history checks were conducted on the applicants. James Keith Zielke is
clear of any criminal records/convictions. General Manager, Scott Richard Larson
is clear of any criminal records/convictions.
Premises:
The property is owned by Market Plaza Commercial Limited Partnership.
Record of Service Calls:
Being a new business, there are no records of service calls.
Violations;
Being a new business, there are no violations for sale of alcohol to underage youth.
Routine Information:
On-sale intoxicating and Sunday liquor licenses require owners of these
establishments to comply with Resolution No. 9511, which outlines the discipline
they can expect if any ongoing problems occur. A copy of this resolution has been
given to the owners of the establishment.
There are no distance requirements to notify neighbors of the issuance or renewal
of on-sale intoxicating and Sunday liquor licenses.
The notice of Public Hearing was published in the Richfield Sun Current on July 10,
2014.
AGENDA SECTION: OTHER BUS.
AGENDA ITEM# 7
REPORT# 133
STAFF REPORT
RICHFIELD CITY COUNCIL MEETING
JULY 22, 2014
JIM TOPITZHOFER, RECREATION
REPORT PREPARED BY: SERVICES DIRECTOR
NAME,TITLE
DEPARTMENT DIRECTOR REVIEW: In --/ r
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SII`j,ATURE
OTHER DEPARTMENT REVIEW: ® N/.
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REVIEWED BY CITY MANAGER: FA
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ITEM FOR COUNCIL CONSIDERATION:
Consideration of award of contract to Midwest Playscapes, Inc. to replace the play equipment
in Veterans Memorial Park in the amount of$150,000.
I. RECOMMENDED ACTION:
By Motion: Consideration of award of contract to Midwest
Playscapes, Inc. to replace the play equipment in Veterans Memorial
Park in the amount of $150,000.
II. EXECUTIVE SUMMARY
The existing play equipment at Veterans Memorial Park is scheduled for
replacement this year. The equipment is twenty five years old and no longer
conforms to Consumer Product Safety Commission and American Society for
Testing and Materials guidelines. The equipment also does not meet current ADA
requirements, has peeling paint and is worn. Some of the equipment was damaged
and removed last year due to upheaving. As a result, drain-tile will be re-installed
as part of the project.
The project was posted on Richfield Connect last spring and received a number of
ideas from residents that were incorporated in the attached Request for Proposal
(RFP):
0813 Temporary Beer License
• Adult Exercise Equipment
• Range of activities encompassing a very wide age range.
• Rock Climbing Equipment
• Rope Climbing Structure
• Neutral Colors
Five proposals were received and a team of Community Services Commission
members and staff scored the proposals. The two top scoring proposals were
posted on Richfield Connect to gather comments from community members. The
Community Services Commission reviewed the proposal on July 15, 2014 and
recommends the proposal offered by Midwest Playscapes, Inc. in the amount of
$150,000.
III. BASIS OF RECOMMENDATION
A. BACKGROUND
• Highlights of the recommended proposal from Midwest Plavcapes
include and 80-foot Live Wire Zip Line, 26-foot Plavnet Climber, 84-
inch Climbing Boulder, Summit Rockies Climber, adult exercise
equipment, Spin Around, four slides, 12 Swings, separate tot structure
for kids ages 2 to 5, accessible wood fiber ground material, and ADA-
accessible.
• Five proposals were received and a team of Community Services
Commission members and staff scored the proposals based upon the
following criteria:
• Overall Design
• Appeal to All Ages
• Fitness Value
• Price
• Degree of Accessibility
• Delivery and installation timeframe.
• Warranty Provisions
• Review/Inspection of previous installations and/or references.
• Community members had two opportunities to provide input through
Richfield Connect. Over 20 responses were received.
• Design, supply and installation and/or renovation of the play
equipment, concrete border with compacted base aggregate, wood
fiber, fabric, drain tile, freight, delivery and sales tax shall not exceed
the budget of$150,000.
B. POLICY
• Under the City's Purchasing and Spending Authority Policy, for
contracts or purchases over $100,000, sealed bids shall be solicited
by public notice in the manner and subject to the law governing
contracts or purchases by the City of Richfield. A municipality may
contract for the purchase of supplies, materials, or equipment without
regard to the competitive bidding requirements of Minnesota State
Statute Section 371.345 if the purchase is through a national
municipal association's purchasing alliance or cooperative created by
a joint powers agreement that purchases items from more than one
source on the basis of competitive bids or competitive quotations.
Included in the attached RFP as a requirement, all play equipment
proposers were required to have a current agreement from one or
more of the following cooperative purchasing organizations:
Minnesota Cooperative Purchasing Venture, The Minnesota Service
Cooperatives, U.S. Communities Government Purchasing Alliance,
and National Joint Purchasing Alliance.
• The contract must be approved by City Council.
C. CRITICAL ISSUES
• The existing play equipment is beyond its expected life and no longer
conforms to industry standards. Veterans Memorial Park features the
largest play structure in the City and is a destination park for many
residents. The existing play structure is highly used especially during
summer months. The removal and installation of equipment is
planned no earlier than September 2 after kids are back in school and
no later than October 15, 2014 before winter weather arrives. A small
portion of the structure will be constructed next spring as funding from
the 2015 Capital Improvement Budget becomes available.
D. FINANCIAL
• Funding for the new play equipment is included in the approved 2014
Capital Improvement Budget in the amount of$127,400 and in the
proposed 2015 Capital Improvement budget in the amount of $25,000.
The total budget for Phase 1 of the project is available in 2014 in the
amount of $125,000. Phase 2 of the project will be constructed in the
spring of 2015 with a budget of$25,000.
E. LEGAL
The City Attorney reviewed the attached RFP and has advised staff
regarding bidding process and compliance with the City's Purchasing
and Spending Authority Policy and State bidding laws.
F. ENVIRONMENTAL CONSIDERATIONS
• There are no environmental considerations associated with this
project.
IV. ALTERNATIVE RECOMMENDATION(S)
• Reject the agreement and bid proposals and delay the replacement of the
play equipment. Direct the Community Services Commission to re-write the
RFP and consider new proposals for next year.
V. ATTACHMENTS
• Bid minutes
• Proposal from Midwest Playscapes, Inc. and Request For Proposal.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Matt Finnegan, Representative, Midwest Playscapes, Inc.
CITY OF RICHFIELD, MINNESOTA
Bid Opening
June 23, 2014
10:00 a.m.
Veterans Park Play Equipment
Bid No. 14-06
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 the Veterans Park Play Equipment, as
advertised in the official newspaper on June 19, 2014.
Present: Nancy Gibbs, City Clerk
Jim Topitzhofer, Recreation Services Director
Theresa Schyma, City Manager Representative
The following bids were submitted and read aloud:
Bidder's Name Bond Total Base Bid
Midwest Playscapes, Inc. Provided $ 150,000.00
Parkitecture Provided $ 150,000.00
St. Croix Recreation Provided $ 150,000.00
Minnesota/Wisconsin Provided $ 150,000.00
Playground
Flagship Recreation Provided $ 149,999.00
The City Clerk announced that the bids would be tabulated and considered at the July
22, 2014 City Council Meeting.
Nancy Gibbs City Clerk
Telephone: 952 - 36 1 - 3504
0 *IIDIVEST PLMSCAPES,INC: Fax: 952 - 361 - 3549
500 Pine Street, Suite 104, Chaska, MN 55318 Toll Free: 8 0 0 - 7 4 7 - 1 4 5 2
www . mldwestplayscapes . com
E-mail: playscapes @earthlink.net
BID dime suss ,_
Project: City of Richfield Veterans Memorial Park Phone: 612-861-9394
Contact: Jim Topitzopher Fax:
Ship To: 7000 Nicollet Ave Bill To:
Richfield,MN 55423
Email: Jtopitzhoferacityofrichfield.orq
Shipping Contact Name: Date:
Qty Design/Item# Description Total
1 PWS 2-5 design per layout#061414-1 $ 17,000.00 $ 17,000.00
1 PWS 5-12 layout per design #061414A $ 71,545.00 $ 71,545.00
1 Fitcore Fitness center with climbing tower $ 42,155.00 $ 41,555.00
MN Coop Service Discount/loyalty 20% $ (26,300.00)
1 Fiber IPEMA Certified Wood fiber $ 900.00 $ 9,000.00
1 Concrete B12 Concrete Boarder installed 225000 $ 21,500.00
Subtotal $ 134,300.00
Freight $ 4,200.00
Tax Exempt# N/A *Please provide certificate Install $ 11,500.00
Total $ 150,000.00
NOTE:Customer would be responsible for unloading and installation.
NOTE:The Freight above is estimated and subject to change due to the rising Fuel costs.
NOTE: UNLESS OTHERWISE NOTED,prices shown are material only.They DO NOT include:assembly,installation,border,safety surfacing,
drain tile,geotextile fabric,removal of existing equipment,site preparation,excavation or site restoration,unloading of equipment,disposal of
packaging material,storage of equipment,additional insurance and bonding would be extra,unless otherwise stated above.If playground
equipment or materials are stored off site,customer is responsible for transporting equipment to job site.
Prices firm for 30 days,subject to review thereafter. Our terms are net 30. A finance charge of 1.5%will be imposed on the outstanding balance unpaid
for more than 30 days after the shipment of materials.Equipment shall be invoiced separately from other services and shall be payable in advance
of those services and project completion.Retainage not accepted.Once customer has signed quotation,your order cannot be changed or canceled.Please
allow 3to4 weeks for delivery after receipt of order. Standard manufacturing design,specification,and construction apply unless noted otherwise.
Customer is responsible for the identification of all underground utilities.Area must be accessible to Bobcat and other equipment
necessary for installation or additional fees will be charged.Freight quote is based on customer unloading equipment and
checking in all equipment for any missing parts.If product is refused by customer upon delivery for any reason(unless damaged),
without prior authorization from Midwest Playscapes,Inc., the customer agrees to pay 10%restocking fee plus freight charges.
Price does not include prevailing wages,unless otherwise noted. If we can be of Other Assistance,please feel free to contact us.
Signed: b' Accepted
Matt negan Date:
Printed Name:
Pr-
MIEWVEST PLA`1SCA PES,INC. Telephone: 9 5 2 - 3 6 1 - 3 5 0 4
Fax: 952 - 36 1 - 3549
Toll Free: 800 - 747 - 1 452
Pine Street, Suite 104, Chaska. MN 55318
w .n w . m i d w e s t p l a y s c a p e s . c o m E-mail: playscapesopPearthlink.net
Attachment to Proposal
• 2 to 5 equipment is designed with a Challenger 3 1/2 post with punch steel decks and 100
year warranty.
• 5 to 12 structure is designed with a Playmaker Sin post with 360 degree compression
clamps.
• Per Drawings all equipment conforms to CPSC, ASTM and ADA requirements.
• Exercise equipment is designed with combination of 3 1/2 in post and 6 in galvanized steel
post.
• Design also includes 6 PVC benches with backs and with bury.
• Design includes ware mats under swings and slides.
• There is also an option for a Murdock water fountain (that is not included in bid).
• The large GFRC climbing rock has a height of 84 in and is custom made by hand (no mass
production material).
• The large play net is 26 ft by 6 in in height with 10 space cells and rope size of 461 meters
made of 6 stranded tempered ropes. The steel wire cords of the 6 strand are heated and
coated with polyamide. Edging ropes are reinforced with additional steel wire Corocord
membrane reinforced with 4 textile layers with hot dipped support posts and 4 double
anchor bars with Corocord turn buckles.
• Lead times for equipment is 5-6 weeks and install to follow 8-9 weeks (weather
permitting). Midwest Playscapes will be responsible for unloading and storage until install.
• Our proposal also includes phase 1 and phase 2 with billing of phase 2 to be billed January
1st 2015.
• Warranties and certifications can be seen in binder under warranties and certifications.
Thank you for this opportunity
500 Pine Street. Suite 104 Chaska MN 55318 www mi,dwgstplc, r �.t : ;
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CITY OF RICHFIELD, MN 55423
RECREATION SERVICES DEPARTMENT
REQUEST FOR PROPOSAL
FOR
DESIGN, SUPPLY & INSTALLATION
OF PLAYGROUND EQUIPMENT
AT VETERANS MEMORIAL PARK
June 11, 2014
I. GENERAL GUIDELINES.
A. Requests For Competitive Proposals.
The City of Richfield is seeking competitive proposals from interested and
qualified companies for the design, supply and installation of playground
equipment at Veterans Memorial Park, 6400 Portland Avenue, Richfield, MN
55423. Proposers must have a current agreement from one or more of the
following cooperative purchasing organizations: Minnesota Cooperative
Purchasing Venture, The Minnesota Service Cooperatives, U.S. Communities
Government Purchasing Alliance, and National Joint Purchasing Alliance.
B. Owner and Submission Information.
Interested companies should submit FOUR COPIES of their competitive
proposals to: PROPOSAL FOR THE VETERANS PARK PLAY EQUIPMENT
REPLACEMENT", and shall be addressed to: Richfield Municipal Center, 6700
Portland Avenue, Richfield, Minnesota 55423, attention City Clerk.
Competitive proposals shall include all of the items set forth in Section II below.
Any questions regarding this Request for Proposals should be directed to Jim
Topitzhofer, Recreation Services Director at 612-861-9394.
All proposals must be sealed and submitted to the Richfield Municipal Center at
the above address by 10:00 a.m. on June 23, 2014. Late submissions will not
be considered. All proposals must be accompanied by a certified check, cash
deposit, or proposal bond equal to at least 5% of the amount of the total bid,
made payable to the City of Richfield, Minnesota.
II. PROJECT DESCRIPTION AND SCOPE.
A. General Project Scope.
The City of Richfield Recreation Services Department is seeking competitive
proposals for the design, supply and installation of playground equipment for one
existing play equipment replacement at Veterans Memorial Park as defined in
Section II B and C.
B. Budget
Design, supply and installation and/or renovation of the play equipment, concrete
border with compacted base aggregate, wood fiber, fabric, drain tile, freight,
1
delivery and sales tax shall not exceed the budget of$150,000. The total budget
for Phase 1 of the project is available in 2014 in the amount of$125,000. Phase
2 of the project will be constructed in the spring of 2015 with a budget of
$25,000.
C. Design and Cost Proposals
The Proposer shall provide a play equipment design suitable for the existing play
container. If Proposer deems modifications are necessary to the proposed
container, these modifications will be at the proposer's expense, should be
indicated on proposer's plans and are subject to approval by the City.
The Proposer is welcome (but not required) to submit a design that involves
renovation and reuse of a portion of the existing equipment on site. Proposers
may also submit up to two designs, but no more than two.
The Proposer should provide materials and installation of resilient surface,
concrete curbing, sand base (can use existing sand in container), and new drain
tile as part of one base bid. Resilient surface shall be wood fiber to conform to all
CPSC and ASTM guidelines. The City will remove and dispose of existing
equipment.
Equipment must meet the following guidelines:
1. Proposer must visit the site and take measurements of existing container to
ensure CPSC distance guidelines;
2. Conform to all CPSC and ASTM guidelines for the equipment itself;
3. Conform to all proposed ADA requirements and IPEMA Certified.
4. Support posts must be powder-coated aluminum or steel, no metal slide
surfaces or enclosed tunnels will be accepted, plastic components must be
graffiti-resistant and have UV protection, other component features will be
judged based on the design submitted;
5. Design should be, exciting, creative, and attractive and primarily aimed at 5-
12 year-old children. Components designed for ages 13 and above are
encouraged. Design should include a secondary features for 2-5 year-old
children and an adult exercise area, to include components and
accessories listed below:
a. Main Structure
• The structure should include a stand-alone rock climbing
experience (GFRC only and please specify height), rope climbing
structure (please specify height), and a structure that generally
provides a fun and challenging fitness experience with 5-inch posts.
A sample climbing cable and connector should be submitted with
each proposal.
• Secondary Structure (designed for 2-5 year-old children)
• Ground-level or deck system that provides a fun and challenging
fitness experience with minimal use of cabled components.
• Please specify post diameter.
• Must be a separate structure from main structure (this could be the
structure to include in phase two of the project).
• Swing Structures (will consider refurbishing existing swings).
• Adult Exercise Equipment (designed for ages 16 and older)
2
• Can be installed inside or outside of the container and could be
included in phase two of the project. Please specify post diameter.
• (6) six-foot rubber coated park benches mounted within the
container.
• Container
• The container has an existing bituminous path around the
perimeter. The container size of the new equipment shall be the
same. Vendor can modify the container size at their expense.
• Vendor will provide removal of unneeded sand in container, grading
of sand base, new drain tile within the container, resilient wood fiber,
and concrete curb and compacted base (see attached spec.) as
part of the project.
6. Colors - Neutral
7. The shape and size of the existing area will dictate the usability of some
components. Visit the site and take your own measurements.
8. The vendor is responsible for the receipt of delivery of the equipment
including with unloading and storage until installation. Storage on-site is
permissible.
9. The successful Proposer must provide a performance bond and payment
bond in an amount equal to the full amount of the contract.
10. The City will complete necessary removals of existing equipment.
Each competitive proposal submitted should reflect, by line item, the cost for the design,
purchase and installation of play equipment components, including all applicable sales taxes,
freight, and other costs associated with each piece of equipment. Costs should be broken
down into logical categories to aid the City in evaluation and include:
• All soft costs; including design, overhead, insurance, as well as all applicable sales taxes.
• All hard costs; including all work and materials related to the installation of play equipment,
drain tile, concrete curb and resilient surfacing. Please itemize installation costs.
Each Proposer must submit the following with bid:
• Written assurance that the safety surfacing and play area components meet all applicable
U.S. Consumer Product Safety Commission Guidelines, ASTM standards, proposed ADA
requirements, IPEMA Certification and other applicable state and federal requirements will
be required from each Proposer prior to contract initiation.
• Plan layout of design and catalogue(s) with proposed equipment and safety surfacing
identified for review by staff.
• Current warranty, insurance, and product specification information on all products and
materials included in your proposal.
• Written estimate of delivery and installation time frame.
• Sample rope climbing cable with connector.
• Link to videos that show kids playing on components the vendor would like to highlight.
A. Site Review
Each Proposer must visit the site to become familiar with the play container. See
the following exhibits for additional information:
3
B . References
Each Proposer shall provide a list of five municipal references. Each reference
must include the name and address of the jurisdiction where the Proposer has
installed equipment similar to the equipment proposed for this request, and the
name and daytime telephone number of an individual, who still works for the
jurisdiction, that the City can contact. Municipalities should be within the
metropolitan area and the installation should not be more than five years old.
C. Specifications
Each proposal submitted shall clearly reflect post diameters and other
specifications describing the type of materials provide in the proposal.
III. EVALUATION AND SELECTION.
A. Design Considerations
1. The design proposed will be a key factor in the selection process. The City
encourages innovative, interesting and exciting designs that will distinguish
Richfield parks. All available color selections will be made by the City following
the manufacture's standard color chart.
B. Evaluation Criteria.
The Selection Committee will evaluate and rank each proposal against the
following criteria:
1. Overall Design
2. Appeal to All Ages
3. Fitness Value
4. Price
5. Degree of Inclusiveness
6. Delivery (including written verification of unloading and storage responsibility)
and installation timeframe.
7. Warranty Provisions
8. Review/Inspection of previous installations and/or references.
C. Contract and Insurance Requirements.
The selected vendor will be required to enter into a contract with the City, provide
the City with a performance bond and payment bond in an amount equal to the
full amount of the contract to assure the timely performance and payment for the
work proposed, and assure their availability to have the Project play equipment
delivered no earlier than September 2, 2014, and the Project completed by
October 15, 2014.
Minnesota Statute 471.425 requires that each contract between the government
entity and a prime contractor to require the prime contractor to pay
subcontractors within 10 days of receipt of payment from the government entity.
Insurance requirements include:
1. Worker's Compensation Insurance: The Contractor shall take out and
maintain, during the life of the contract, Worker's Compensation Insurance
with a company that is lawfully authorized to do business in the State of
4
Minnesota. Such insurance shall protect the Contractor, or Subcontractor or
anyone directly or indirectly employed by any of them from claims under
worker's compensation, disability benefit and other similar employee benefit
acts.
2. Commercial/Comprehensive General Liability Insurance: The
Contractor shall take out and maintain during the life of this contract Public
Liability Insurance, Property Damage Liability, and Personal Injury
Insurance with a company that is lawfully authorized to do business in the
State of Minnesota. Such insurance shall protect the Contractor,
Subcontractor, or anyone directly or indirectly employed by the Contractor
or Subcontractor performing work covered by this contract from claims
arising out of public liability, property damage, or personal injury including
death, as well as claims for property damage which may arise out of work.
The Contractor's policy shall list the City as an additional insured on a
primary or non-contributory basis. The recommended minimum limits of
insurance per project are:
• General Aggregate $500,000
• Product-Completed Operations Aggregate $500,000
• Personal and Advertising Injury $500,000
• Per Occurrence (Bodily Injury & Property Damage) $500,000
3. Fire Insurance: The Contractor is responsible for insuring for fire, and
extended coverage including vandalism and malicious coverage on the
work included in the contract from the beginning of the work until final
acceptance of the completed project. The policies shall cover all work
incorporated in the project and all material in place or stored at the site for
installation against loss by fire and wind. This provision does not exclude
material partially paid for by the Owner. This insurance shall be for the full
insurable value of the material and shall be kept in full force until final
acceptance of the work by the Owner.
4. Automobile Insurance: The Contractor shall take out and maintain
during the life of the contract Automobile Insurance with a company that is
lawfully authorized to do business in the State of Minnesota. The
recommended minimum limits of insurance are $1,000,000 combined single
limit (B1 & PD).
All insurance referenced in paragraphs 1 through 4 shall be placed with
companies acceptable to and approved by the City prior to the commencement
of the work. The Contractor shall submit copies of the certificate with the City
prior to commencement of the work. Certificates of insurance will not be
canceled or allowed to expire until at least 30 days prior written notice has been
given to the City. The City shall be shown on the General Liability coverage as
an "additional insured."
Any proposals received with limits lower than those referenced above may still
be considered for this project.
5
D. Reservations and Other Considerations.
The City of Richfield reserves the right to reject any or all proposals for
reasons of safety, quality, quantity, design or other issues deemed important
to the successful completion of the project. Any proposals exceeding the
maximum funding or footprint on the site will be excluded.
Proposals are to be submitted on or before 10:00 a.m., June 23, 2014, to
PROPOSAL FOR THE VETERANS PARK PLAY EQUIPMENT
REPLACEMENT", and shall be addressed to: Richfield City Hall, 6700
Portland Avenue, Richfield, Minnesota 55423, attention City Clerk. Richfield
Recreation Services Department, 7000 Nicollet Ave South, Richfield, MN
55423, RE: Veterans Memorial Park Proposal. For additional information
contact Jim Topitzhofer, Recreation Services Director, 612-861-9394. City
Council award of contract is scheduled on July 22, 2014. Proposal amounts
will need to be effective for 45 days after the above deadline.
1. The City reserves the right to accept proposals based upon factors other than
the lowest price as set forth in the evaluation criteria.
2. The City will not be responsible for any costs incurred by those submitting or
preparing competitive proposals. At the request of the Proposer, proposals
will be returned after the selection process has been completed and a vendor
selected.
3. The City reserves the right to revise the scope of the project based on budget
limitations and other relevant considerations.
4. Each Proposer must meet the City of Richfield contract requirements. The
City reserves the right to reject proposals that cannot meet contract
requirements.
6