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01-08-08 Agenda CITY OF RICHFIELD, MINNESOTA TUESDAY, JANUARY 8, 2008 ******************************************************************************************************* SPECIAL CITY COUNCil WORKSESSION COUNCil CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. AGENDA Call to order Roll call 5:30 - 5:40 p.m. 1. Discussion regarding Transportation Commission by-laws (Council Memo No.4) Notes: 5:40 - 6:15 p.m. 2. Discussion regarding proposed Citywide Stop Sign Policy (Council Memo No.5) Notes: 6:15 - 6:50 p.m. 3. Discussion regarding 7600 Block of Aldrich Avenue Parking (Council Memo No.6) Notes: Adjournment ******************************************************************************************************* REGULAR CITY COUNCil MEETING COUNCil CHAMBERS 6700 PORTLAND AVENUE 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Worksession of December 11,2007 and (2) Regular City Council Meeting of December 11, 2007 PRESENTATIONS 1. Presentation of certificate of recognition to Richfield U14 Girls Soccer Team for Outstanding Ambassadors of Teams Honoring Sportsmanship Award 2. Presentation from Celebrations Commission regarding Centennial Celebration COUNCIL DISCUSSION 3. Council discussion · Hats Off To Hometown Hits Notes: AGENDA APPROVAL 4. Council approval of agenda CONSENT CALENDAR 5. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of first reading of ordinance amending Subsections 800.13, 800.17, 800.19, 800.21 and 800.23 of City Code related to off-street parking S.R. No.1 B. Consideration of approval of addendum to existing lease agreement between City of Richfield and Hat Trick Hockey Inc., 636 West 66th Street S.R. No.2 C. Consideration of approval of resolution accepting grants and donations received by Richfield Recreation Services Department in 2007 S.R. No.3 D. Consideration of approval of resolution designating Richfield Sun-Current as official newspaper for 2008 for City of Richfield S.R. No.4 E. Consideration of approval of resolutions designating official depositories, including approval of collateral, for 2008 for City of Richfield S.R. No.5 F. Consideration of approval of resolution authorizing Richfield Public Safety Department/Police to accept grant funds from U.S. Department of Justice COPS' Secure Our Schools program on behalf of Intermediate School District 287 for security improvements at Lincoln Hills School and security equipment for South Education Center S.R. NO.6 G. Consideration of approval of resolution authorizing 2008 social service agency funding recommendations of certain human service agencies S.R. No.7 H. Consideration of approval of resolution regarding City Council Member attendance at City Council meetings in 2008 S.R. NO.8 I. Consideration of approval of resolution authorizing signal agreement between Mn/DOT and City of Richfield for three signals on 76th Street S.R. NO.9 J. Consideration of approval of designating available Department Director or Assistant to the City Manager as Acting City Manager in 2008 in event City Manager is absentfrom City S.R. NO.1 0 K. Consideration of approval of extending current agreement with Malecha Trucking for lime residual disposal at City's Water Treatment Plant for 2008 in base amount of $49,005 plus fuel escalation clause S.R. No. 11 . L. Consideration of approval of purchase of 2007 Multiquip Instaprime MP200DSM trailer-mounted by-pass pump for Utilities Division in amount of $40,018.65 S.R. No. 12 Notes: 6. Consideration of items, if any, removed from Consent Calendar Notes: OTHER BUSINESS 7. Consideration of adopting new Neighborhood Stop Sign Policy Staff Report No. 13 Notes: 8. Consideration of bid minutes/tabulation and award of contract to Shafer Contracting, Inc. for Portland Avenue and 66th Street Improvement Project in amount of $2,449,351.74 Staff Report No. 14 Notes: 9. Consideration of: · bid minutes/tabulation and award of contract to Veit and Company, Inc. for Richfield Lake Water Quality Project in amount of $982,496.44 and · purchase of engineering services from WSB & Associates to provide construction oversight services required to complete project Staff Report No. 15 Notes: 10. Consideration of designating Mayor Pro Tempore for 2008 Staff Report No. 16 Notes: 11. Consideration of designating Council Member(s) to attend March 2008 National League of Cities Congressional Conference; July 2008 N.O.I.S.E. Conference; and November 2008 National League of Cities Congress of Cities Conference Staff Report No. 17 Notes: 12. Consideration of designating City Council liaison appointments for 2008 to various metropolitan agencies and City commissions Staff Report No. 18 Notes: CITY MANAGER'S REPORT 13. City Manager's report Notes: 14. 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 aI/ow 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: 15. 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. AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 5A ] STAFF REpORT CITY COUNCIL MEETING JANUARY 8, 2008 REpORT PREPARED By: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: DEP AR TMENT DIRECTOR REVIEW: ./ /--/ m,../ /".-. . A . L.:J L-"- REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: First reading of an amendment to Section 800 of the City Code related to off-street parking permits. Regulations regarding off-street parking have largely been moved to Section 544 of the Zoninq Code. I. RECOMMENDED ACTION: By Motion: Approve a first reading of the attached ordinance amending Subsections 800.13, 800.17, 800.19, 800.21 and 800.23 of the City Code related to off-street parking. I II. BACKGROUND I On November 13, 2007 the City Council approved a second reading of new ordinances related to zoning throughout the City. Those revisions included the updated off-street parking regulations and permitting requirements. These requirements were added to the Zoning Code as they are typically administered by the Community Development Department as part of the site plan review process. The proposed amendments to Section 800 of the City Code are intended to remove redundancies and contradictory regulations. I III. BASIS OF RECOMMENDATION 010808 - 1 st Reading Amend Section 800 I A. POLICY I · The proposed changes do not constitute a change in off-street parking policies. Rather the changes remove redundant and contradictory code sections that could lead to confusion. I B. CRITICAL ISSUES I . There currently exist two contradictory sets of off-street parking regulation. I C. FINANCIAL . N/A I D. LEGAL I · A public hearing is not required with the second reading of this ordinance. I IV. ALTERNA TIVE RECOMMENDATION(S) . N/A I V. ATTACHMENTS . Ordinance I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A Sf] -I BILL NO. AN ORDINANCE RELATING TO OFF-STREET PARKING; AMENDING SUBSECTIONS 800.13,800.17,800.19,800.21 AND 800.23 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 800.13, Subdivision 5 of the Richfield City Code is amended to read as follows: Subd. 5. Residential driveways. All residential driveways must meet the requirements for residential drive'flays of section 521 of specified by the applicable section of the zoning ordinance. Sec. 2. Subsection 800.17 of the Richfield City Code is amended to read as follows: Subdivision 1. Parking area: permits site plan approval. No person may establish or make available any lot, tract, or parcel of land or portion thereof as a parking area in any zoning district as defined in the Zoning Code or permit land to be so used for other than single family or two family residence parking in any zone without first having obtained a permit as provided in subdivision 2 site plan approval. No building permit may be issued pursuant to the Zoning Code for the construction of any industrial, commercial, business, trade, institutional, multiple residence, or similar building or structure unless adequate provision has been made for off-street parking, unloading and for the safe accommodation of vehicular and pedestrian traffic and until the permit required by this subsection has been issued. Subd. 2. Application for permits site plan review. Application for an off street parking permit site plan review shall be made in ..witing to the Community Development Director on forms provided by the City as detailed in Subsection 547.13 of the Zoninq Ordinance. The application must be accompanied by a plan of the property proposed to be used showing the follO\^ling information: (a) the location and dimensions of buildings or structures on the property; (b) tho proposed or present use of such buildings or structures; (c) tho area to be used for parking and for loading and unloading of vehicles; (d) the location of driveways or other vehicular access points connecting the area with any public street; as consistent with the city's access management standards; (e) the location or proposed location for curb and gutter and side'Nalks; (f) proposed parking areas and driving lanes; (g) proposed traffic flow; (h) proposed traffic control devices or signs; (i) location of any bicycle parking facilities; U) location of transit stops and benches (if applicable); (k) location and sizo of any proposed lights; (I) type of surfacing to be used; 010808 - 1 st Reading Amend Section 800 SA- d- storm"^J3ter m3n3gement plan in compli3nce '.\lith city's stormvv3ter management requirements for new or redeveloped construction; sediment and erosion control plan; 3nd other inform3tion reason3bly required by the community development director to insure that the proposed parking area will comply with 311 applic3ble provisions of this code 3nd all st3ndard specifications prep3red under subsection 800.23. Subd. 3. Permit fee. The permit f-oe is fixed in I\ppendix D. (m) (n) (0) Subd. 1'1. Adjoining are3S: joint 3pplication. O'.^..'ners of two 3djoining 3reas m3Y join in an 3pplic3tion for 3 single parking are3 provided that 3 cross use 3greement is recorded against the property. Subd. 5. Issu3nce of permit: council action. Upon submission of the applic3tion and p3yment of the required fee, the city manager shall submit the 3pplication to the council 'v^Jith recommendations. If the council finds th3t the proposed p3rking are3 will 3dequ3tely serve the purpose for which it is proposed and will not have 3d'Jerse effect upon the public s3fety or general welf3re, the council may issue the permit requested. Sec. 2. Subsection 800.19 of the Richfield City Code, which regulates the conditions of issuance for an off-street parking permit, is hereby repealed, due to the inclusion of requirements in Subsection 544.13 of the City Code. Sec. 3. Subsection 800.21 of the Richfield City Code is amended to read as follows: Operation of parking areas. No person holding a permit for a parking area may use the area or permit the area to be used in any manner contrary to the approved site plan or contrary to the provisions of Subsection 800.23 or any other applicable provisions of the City Code. Off-street parking areas shall be kept free of snow so that all of the designated off-street parking spaces and driveways giving access thereto are available for off-street parking throughout the year. No longer than 48 hours after each snowfall exceeding four inches in depth all the parking spaces and driveways shall be cleared of snow and available for use. Sec. 4. Subsection 800.23, Subdivision 1 of the Richfield City Code, which regulates setback and landscape requirements for parking areas, is hereby repealed, due to the inclusion of setback and landscape requirements in Subsections 544.03 and 544.13 of the City Code. Sec. 5. This Ordinance shall be effective in accordance with Section 3.06 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this _ day of ,2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 5B 2 STAFF REpORT CITY COUNCIL MEETING JANUARY 8, 2008 REpORT PREPARED By: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: G:1 REVIEWED By CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached addendum to the existing lease agreement between the City of Richfield and Hat Trick Hockey Inc. 1. RECOMMENDED ACTION: By Motion: Approve the attached addendum to the existing lease agreement between the City of Richfield and Hat Trick Hockey Inc. I II. BACKGROUND I · Mr. Tom Sachs of Hat Trick Hockey, Inc. has leased a 1,900 square foot addition of the Richfield Ice Arena, to conduct retail sales of hockey equipment since November 1997. Mr. Sachs is now in the process of selling his business to his current manager Randy Reed and his sons, Jon and Steve Sachs. The three new partners want assurance that the City will continue leasing the space to Hat Trick Hockey and are requesting an extension of the current lease so they have some protection of their initial investment. All terms, conditions, provisions, covenants and agreements contained in the Agreement will remain the same including the monthly lease payment of $1 ,475. 0108 Hat Trick Lease I III. BASIS OF RECOMMENDATION I I A. POLICY I · The current lease expires on November 30, 2008; however, Mr. Sachs is requesting a three year extension of the lease to November 30, 2011. I B. CRITICAL ISSUES I · Mr. Sachs is in the process of selling Hat Trick Hockey and the new partners need assurance that the City will continue the lease at the present terms for another three years to protect their initial investment. I C. FINANCIAL I · The Ice Arena will continue receiving rent revenue in the amount of $1,475 until November 30,2011. · Hat Trick Hockey will have contributed $301,790 to the revenue stream of the Ice arena through November 30, 2008. The extended lease will generate another $53,100 for a total of $354,890, far surpassing the initial cost of the addition. I D. LEGAL I · The City Attorney has prepared the attached addendum and the current lease. I ALTERNATIVE RECOMMENDATION(S) · None I IV. ATTACHMENTS · Addendum to Lease Agreement · Lease Agreement between the City of Richfield and Hat Trick Hockey, Inc. Iv. PRlNCIPALPARTIES EXPECTED AT MEETING · Brandon Klement, Arena Manager 56-1 ADDENDUM TO LEASE AGREEMENT THIS ADDENDUM TO LEASE AGREEMENT is entered into on this 8th day of January, 2008 by and between the City of Richfield ("Landlord") and Hat Trick Hockey, Inc. ("Tenant"). WITNESSETH: WHEREAS, Landlord and Tenant entered into that certain Lease Agreement ("Agreement"), dated March 28, 2006, which is incorporated herein and made a part hereofby reference; WHEREAS, Landlord and Tenant desire to amend certain provisions in the Agreement, and WHEREAS, Landlord and Contractor desire to extend the Agreement for three more years. NOW, THEREFORE, the Agreement is hereby amended as follows: 1. The Agreement shall be extended for three years, from November 30, 2008 to November 30, 2011. 2. Landlord and Tenant ratify and affirm the Agreement, and confirm revisions to the Agreement as provided in this Addendum. Except as amended herein, all terms, conditions, provisions, covenants and agreements contained in the Agreement are hereby ratified and confirmed in their entirety. The terms used herein and not otherwise defined in this Addendum shall have the same meaning as set forth in the Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first above written. LANDLORD: City of Richfield By: Debbie Goettel Mayor Attest: Steven L. Devich City Manager TENANT: Hat Trick Hockey, Inc. By: Name: Title: 325371vl LKT RC160-7 1 Kennedy & Graven, Chartered 5 r~- d- LEASE AGREEMENT This lease is made this 28th day of March, 2006, by and between THE CITY OF RICHFIELD ("Landlord") and HAT TRICK HOCKEY, INC. ("Tenant"). Landlord and Tenant, intending to be legally bound, hereby covenant and agree as follow: ARTICLE I. Leased Premises 1.1 Landlord does hereby lease, demise, and let unto Tenant, and Tenant does hereby hire and take from Landlord, upon the terms and conditions set forth herein (the Lease), the premises shown cross- hatched on Exhibit A attached hereto and incorporated herein, consisting of 1,900 square feet of space (Leased Premises), located on the level of the Richfield Ice Arena Building located at 636 East 66th Street situated in the City of Richfield, Hennepin County, Minnesota (the "Building"). ARTICLE II. Term 2.1. The term of the Lease shall commence on June 1,2006 (the Commencement Date); and the Lease shall terminate on November 30,2008. 2.2. If, at the termination of this lease agreement for reasons other than default or breach by Tenant, Landlord decides to lease the Leased Premises to a third party, Tenant shall have the right, for a period of one year after the termination date, to match or exceed any proposed and/or actual lease for the Leased Premises which is acceptable to the Landlord, and if the Tenant electsin writing within 15 days of the date of receipt of the proposed and/or actual Lease, then the parties hereto shall execute such a lease. ARTICLE III. Rent Tenant shall pay to Landlord as the "Base Rent" monthly rent in the amount of$I,475.00 per month. Said Base Rent shall be payable in advance, on or before the first (1 st) day of each and every month, commencing on the Commencement Date, and continuing during the Term. ARTICLE IV. Nonpayment 4.1 Except as otherwise expressly provided herein, Tenant covenants and agrees that if at any time it fails to pay any amount required by the Lease, or to obtain, pay for, maintain, or deliver any of the insurance policies herein provided for, or fails to make any other payment or perform any other act required to be made or performed by the Lease, then Landlord, without notice to or demand upon Tenant, without waiving or releasing Tenant from any obligation ofTen~mt contained in the Lease, and without any obligation to do so, may effect any such insurance coverage and pay premiums therefor and may make any other payment or perform any other act on the part of Tenant to be made and performed as provided in the Lease, in such manner and to such extent as Landlord may deem reasonably desirable, and in exercising such right to pay necessary and incidental costs and expenses. All sums so paid by Landlord and all necessary and any such act by Landlord, together with interest thereon at the maximum rate permitted by law, whichever is less, from the date of making of such expenditure by Landlord, shall be payable to Landlord as Additional Rent, and except as otherwise provided for in the Lease, shall be payable on demand or at the option of Landlord may be added to any monthly rental then due or thereafter becoming due under the Lease. Tenant covenants to pay any such sum or sums with interest as aforesaid and Landlord shall have (in 5'B-~3 addition to any right or remedy of Landlord) the same rights and remedies in the event of nonpayment by Tenant as in the case of default by Tenant in payment of rent. ARTICLE V. Taxes 5.1 Tenant shall pay all real estate taxes and installments of special assessments which shall during the term be laid, assessed, levied or imposed upon or shall become payable and a lien upon, the Leased Premises or any part thereof (the Taxes). Such taxes and special assessments shall be prorated in the first and last years of the Lease based upon the period of occupancy. Tenant shall make such real estate tax payments directly to the appropriate governmental authorities, which have lawfully levied and are authorized to collect such tax. ARTICLE VI. Utilities and Maintenance Expense 6.1. Tenant shall pay its pro rata share of all charges for electricity, light, air conditioning and power with the Leased premises. The charges thereof shall be deemed Additional Rent and payable in accordance with Article V hereof. To the extent that utilities are separately metered or separately charged to Tenant's Premises, they shall not be subject to prorated allocation, but shall remain the obligation of Tenant. ARTICLE VII. Repairs, Maintenance and Alterations 7.1 Tenant shall, during the Term and at Tenant's expense, keep the Leased Premises and appurtenances and every part thereof in good order, condition, and repair, including, without limitation, the maintenance, repair, and replacement, if necessary, of all interior walls, partitions, doors, and windows, including the regular painting thereof. Tenant shall promptly notify Landlord of any necessary maintenance, repairs, or replacements. When used in this provision, the term repairs' shall include replacements or renewals when necessary, and all such repairs made by the Tenant shall be equal in quality and class to the original work. If Tenant does not keep and maintain the Leased Premises as herein provided, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord, as Additional Rent, the cost thereof forthwith, plus interest at the rate of 10% per annum from the date of making such expenditure by Landlord, upon being billed for the same. All damage or injury to the Leased Premises and to its fixtures, appurtenances, and equipment caused by Tenant moving property in or out of the Leased Premises or by installation, removal of furniture, fixtures, equipment, or other property by Tenant, its agents, contractors, servants, or employees, or resulting from any other cause of any other kind or nature whatsoever due to carelessness, omission, neglect, improper conduct, or other causes of Tenant, its servants, employees, agents, visitors, or licensees, shall be repaired, restored, or replaced promptly by Tenant at its sole cost and expense to the satisfaction of Landlord. If Tenant fails to make such repairs, restorations, or replacements, the same may be made by Landlord and the same shall be at the expense of Ten ant ap,d collectible as Additional Rent or otherwise, and shall be paid by Tenant to Landlord within five (5) days after rendition of a bill or statement therefor. 7.2 Except as otherwise provided herein, no improvements, alterations, or replacements shall be made to the Leased Premises or any portion thereof without the prior written consent of Landlord. 7.3 Notwithstanding any other provision contained herein to the contrary, Landlord shall repair, at its expense, the structural portions of the Building; provided, however, where structural repairs are required to be made by reason of the acts of Ten ant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. 7.4 Landlord covenants to Tenant that it will continue to reasonably provide for the removal of 58-- Y snow from the parking lot and sidewalks and for the maintenance and repair work on the building exterior all for the benefit of users of the building, including Tenant. ARTICLE VIII. Insurance 8.1 Landlord shall at all times during the Term keep the Building insured against loss or damage by fire and against those perils included from time to time in the standard form of extended coverage insurance endorsement, including but without limiting the generality of the foregoing, wind storm, hail, explosion, vandalism, riot and civil commotion, damage from vehicles, and smoke damage, and such other coverage as may be deemed necessary by Landlord. 8.2 Tenant shall insure the contents of the Leased Premises owned by Tenant, for the benefit of Tenant, against lose or damage by fire, windstorm, or other casualty for such amount as Tenant may desire. 8.3 Mutual Waiver of Subrogation. Landlord and Lessee hereby waive any and all rights of recovery against each other for any loss or damage to the Leased Premises and/or the Building or the contents contained therein on account of fire or other casualty or for injuries sustained on the Leased Premises and/or the Building, provided such loss or damage is insured under a policy carried by Lessor or Lessee at the time of such loss or damage. The aforesaid policies of insurance shall contain appropriate provisions recognizing this mutual release and waiving all rights of subrogation on behalf of the respective . . Insurance carners. 8.4. Tenant shall also, as Additional Rent hereunder and at Tenant's sole cost and expense, but for the mutual benefit of Landlord and Tenant, as named insureds, maintain during the Term (a) general public liability insurance against claims for personal injury, death, or property damage occurring upon, in, or about the Leased Premises, and on, in, or about the adjoining lands, such insurance to afford protection to the limit of not less than Five Hundred Thousand and nollOO Dollars ($500,000.00) in respect to injury or death to a single person, and to the limit of not less than one Million and nollOO Dollars ($1,000,000.00) in respect to anyone (1) accident and to the limit of not less than Three Hundred Thousand and noll 00 Dollars ($300,000.00) in respect to any property damage; and (b) steam boiler insurance on all steam boilers, pressure boilers, or other such apparatus as Landlord may deem necessary to be covered by such insurance and in such amount or amounts as Landlord may from time to time reasonably require. 8.5 All policies of insurance required to be maintained by Tenant shall be written in companies satisfactory to Landlord, and shall be written in such form and shall be distributed in such companies as shall be reasonably acceptable to Landlord. Such policies shall be delivered to Landlord endorsed "premium paid" by the company or agency issuing the same or accompanied by another evidence satisfactory to Landlord that the premiums thereon have been paid, not less than (10) days prior to the expiration of any then current policy. 50~~ ARTICLE IX. Quiet Enjoyment 9.1 Landlord represents and warrants that it is the lawful owner of the Leased Premises; that it has the full right and power to make the Lease; that if and so long as Tenant shall not be in default hereunder, Tenant shall quietly hold, occupy, and enjoy the Leased Premises during all of the Term. ARTICLE X. Destruction By Fire 10.1 If the Building or any portion thereof is damaged or destroyed by fire or other casualty, however or by whomever caused, Landlord shall repair, rebuild, and restore the same with due diligence and dispatch (subject to the approval of the holders of any mortgages on the Building) so that the Building will be restored to at least the same good order and condition as existed prior to damage or destruction. If more than twenty five percent (25%) of the Leased Premises is damaged or destroyed by fire or other casualty, Landlord shall have the option, in its sole discretion, to decline to rebuild. If Landlord so declines, this Lease shall terminate as of the of the date of such damage or destruction. If Landlord elects to repair the Building, and if such damage in the reasonable opinion of the Landlord renders the entire Leased Premises unfit for Tenant's normal business purposes, and Tenant by reason thereof discontinues business in the Leased Premises, Base Rent and Additional Rent shall be abated for a period during which no part of the Leased Premises is fit for such business purposes and during which time Tenant discontinues business. If such damage renders only part of the Leased Premises unfit for Tenant's normal business purposes, Base Rent shall be apportioned on a square foot of Leased Premises area basis and the proportion thereof applicable to each part of the Leased Premises upon which Tenant discontinues its business operations shall be abated for the period during which such part is not fit for Tenant's normal business purposes and during which Tenant discontinues such business operations. 10.2 Tenant will repair and replace all improvements and betterments placed upon the Leased Premises by it, and such repair and replacement shall be made at its own expense and not at the expense of Landlord. ARTICLE XI. Assignment and Subletting 11.1 Tenant shall not assign or sublease any of its rights under the Lease of any part of the Leased Premises without prior written consent from Landlord, which consent shall not be unreasonably withheld by Landlord. No such assignment or subleasing shall in any event relieve Tenant from any of its obligations contained in the Lease, nor shall any assignment or transfer of the Lease be effective unless the assignee or transferee shall, at the time of such assignment or transfer, assume in writing all the terms, covenants, and conditions of the Lease to be performed thereafter by Tenant and shall agree in writing to be bound thereby. Tenant agrees to pay on behalf of Landlord any and all costs of Landlord, including reasonable attorneys' fees occasioned by such assignment or transfer. ARTICLE XII. Defaults of Tenant 12.1 If during the Term Tenant shall default in fulfilling any ofthe covenants of the Lease (other than the covenants for the payment of Base Rent or Additional Rent), Landlord shall give Tenant notice of any default or of the happening of any contingency referred to in this paragraph, and if at the expiration of twenty (20) days after the service of such notice the default or contingency upon which said notice was based shall continue to exist, or in the case of a default or contingency which cannot with due diligence be cured within a period of twenty (20) days, if Tenant fails to proceed promptly after the service of such notice and with all due diligence to cure the same and thereafter to prosecute the curing of such default with all due ~1S ~ (p diligence, Landlord, at its option, may terminate the Lease, and upon such termination, Tenant will quit and surrender the Leased Premises to Landlord, but Tenant shall remain liable as hereinafter provided. 12.2 If Tenant shall default in the payment of the Base Rent or Additional Rent expressly reserved hereunder, or any part ofthe same, and such default shall continue for ten (10) days after notice thereof by Landlord, or ifthe Lease shall expire as provided in Paragraph 12.1 ofthis Article, Landlord or Landlord's agents and servants may immediately or at any time thereafter re-enter the Leased Premises and remove all persons and any or all property therefrom, either by summary dispossession proceedings or by any suitable action or proceedings at law or by force or otherwise and repossess and enjoy said Leased Premises, together with all additions, alterations and improvements, without reentry and repossession working forfeiture or waiver of the rents to be paid and the covenants to be performed by Tenant during the Term hereof. Upon the expiration of the Term of the Lease by reason of any of the events described in Paragraph 12.1, or in the event of termination of the Lease by summary dispossession proceedings or under any provision of law now or hereafter in force by reason of or based upon or arising out of a default under or a breach ofthe Lease on the part of Ten ant (except where such breach or default is determined by a court of competent jurisdiction to be justified because of Landlord's acts or omissions), or upon Landlord recovering possession of the Leased Premises in the manner or in any of the circumstances whatsoever, whether with or without legal proceedings, by reason of or based upon or arising out of a default under or a breach of the Lease on the part of Ten ant, Landlord may, at its option, at any time and from time to time, relet the Leased Premises, or any part thereof, for the account of Tenant or otherwise, and receive and collect the rents therefor, applying the same first to the payment of such expenses as Landlord may have incurred in recovering possession of the Leased Premises, including legal expenses and attorneys, fees, and for putting the same into good order or condition or preparing or altering the same for re-renta1 and all other expenses, commissions, and charges paid, assumed, or incurred by Landlord in reletting the Leased Premises and then to the fulfillment of the covenants of Tenant hereunder. Any such reletting herein provided for may be for the remainder of the Term of the Lease as originally granted or for a longer or shorter period. In any such case or whether or not the Leased Premises, or any part thereof, is relet, Tenant shall pay to Landlord the Base Rent and the Additional Rent required to be paid by Tenant up to the time of such termination of the Lease, as the case may be, and thereafter, Tenant covenants and agrees, ifrequired by Landlord, to pay to Landlord until the end of the Term of the Lease the equivalent of the amount of all the Base Rent and Additional Rent reserved herein less the net proceeds of reletting, if any. Landlord shall have the election, in place and stead of holding Tenant so liable, forthwith to recover against Tenant, as damages for loss of the bargain and not as penalty, an aggregate sum which at the time of such termination of the Lease for such recovery of possession of the Leased Premises by Landlord, as the case may be, represents the then present worth of the excess, if any, of the aggregate of the Base Rent and Additional Rent payable by Tenant hereunder that would have accrued for the balance of the Term, over the aggregate rental value of the Leased Premises for the balance of such Term. 12.3 The specified remedies to which Landlord may resort under the terms of the Lease are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may be lawfully entitled in case of any breach or threatened breach by Tenant of any provision of the Lease. The failure of Landlord to insist in anyone or more cases upon the strict performance of any of the covenants of the Lease or to exercise any option herein contained shall not be construed as a waiver or a relinquishment for the future of such covenant or option. A receipt by Landlord of Base Rent or Additional Rent, with knowledge of breach of any covenant hereof (other than the payment of Base Rent or Additional Rent) shall not be deemed a waiver of such breach, and no waiver by Landlord of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by Landlord. In addition to other remedies provided in this Lease, Landlord shall be entitled to the restraint by injunction for the violation or attempted or threatened violation of the covenants, conditions, or provisions of the Lease. ~ 6-1 ARTICLE XIII. Attorneys' Fees 13.1 If it is necessary for Landlord to retain the services of an attorney at law to enforce any of the terms, covenants, or provisions hereof, or to collect any sums due hereunder, Tenant shall pay to Landlord upon demand, as Additional Rent hereunder, the reasonable cost of such services. ARTICLE XIV. Removal of Improvements and Fixtures 14.1 Any improvements or fixtures installed by Tenant in the Leased Premises or in the Building, whether used solely in Tenant's business or whether usable in the Leased Premises without regard to such business or otherwise, shall become the property of Landlord upon the termination of the Lease. ARTICLE XV. Condition of Leased Premises at Termination 15.1 At the termination of the Lease by lapse oftime or otherwise, Tenant shall return the Leased Premises in as good a condition as when Tenant took possession, excepting only ordinary wear and tear, damage, or destruction as described in Article 10 herein. ARTICLE XVI. Holding Over 16.1 In the absence of any written agreement to the contrary, if Tenant should continue to occupy the Leased Premises following the expiration of the Term ofthe Lease, Tenant shall so remain as a tenant from month to month and all provisions of the Lease applicable to such tenancy shall remain in full force and effect. During such tenancy, the same Base Rent and the same terms and conditions as prevailed during the last month of the Term demised shall prevail. In any such event, Tenant shall be liable to Landlord for damages which Landlord may incur as a result of such holding over, including but not limited to damages incurred because ofloss of a prospective successor tenant. If Tenant is a holdover tenant and if Tenant continues to ' occupy the Leased Premises following the termination of such holdover (by a proper notice as to such month month tenancy), then the foregoing provisions of this Article shall apply in the same manner as when Tenant continued in occupancy following the expiration of the Term of the Lease. ARTICLE XVII. Use of Leased Premises 17.1 The Leased Premises shall be used only for the sale and/or rental of hockey and skating equipment and apparel, skate sharpening and related services and such other activities as the Landlord may authorize from time to time. Tenant shall not use or occupy the Leased Premises or knowingly permit the Leased Premises to used or occupied contrary to any statute, rule, order, ordinance, requirement, or regulation applicable thereto or in any manner which would violate any certificate of occupancy affecting the same, or which would cause structural injury to the Leased Premises or cause the value or usefulness of the Leased Premises or any part thereof to substantially diminish (reasonable wear and tear excepted) or which would constitute a public or private nuisance or waste. Tenant shall promptly upon discovery of any such use, take all necessary steps to compel the discontinuance of such use. Landlord shall not, during the term of this Lease, permit or allow anyone other than Tenant to use the Building as a location to sharpen skates, use a skate sharpening machine, sell hockey equipment or supplies including, but not limited to tape and laces, during the business hours of Tenant. This limitation shall not prohibit the occasioned sale of hockey related merchandise by local hockey associations during organized events. 58--;] ARTICLE XVIII. Permits 18.1 Tenant shall maintain in force and effect all permits, licenses, and similar authorizations to use the Leased Premises for the aforesaid purposes required by any governmental authority having jurisdiction over the use thereof. Tenant's failure to maintain such permits, licenses, and similar authorizations shall not relieve Tenant from the performance of its obligations and covenants hereunder (except obligations and covenants as may he prohibited by law), nor from the obligations to pay Base Rent or Additional Rent, as set forth herein. Tenant shall, at Landlord's request, in its capacity as Tenant, and not in its capacity as owner ofthe land underlying the Building, join with Landlord in executing, acknowledging, and delivering any and all petitions, consents, subordinations, plats, or easement deeds that may be required for the installation of any utilities, public improvements, roads, water lines, sewer lines, storm drainage facilities, subdivision, rezoning, special use, platting, or other similar development of the Leased Premises, which do not affect Tenant's use ofthe Leased Premises during the Term of the Lease. ARTICLE XIX. Compliance with Law 19.1 Tenant, at its sole expense, shall promptly comply with all laws, ordinances, and requirements of federal, state, county, and municipal authorities relating to Tenant's use and occupation of the Leased Premises, and with any lawfui order or direction of any public officer relating to Tenant's use and occupation of the Leased Premises during the Term of the Lease. Nothing herein contained, however, shall prohibit Tenant from appealing from or contesting the validity or legaiity of such laws, ordinances, requirements, orders, or directions and, notwithstanding the foregoing provisions of this Article, Tenant shall not be deemed to be in default hereunder so long as Tenant diligently prosecutes such appeal or contest. ARTICLE XX. Lessor's Access to Premises 20.1 Tenant shall permit Landlord and the authorized representatives of Landlord to enter the Leased Premises at all times during usual business hours for the purpose of inspecting the same and making any necessary repairs to comply with any laws, ordinances rules, regulations, or requirements of any public authority or of the Board of Fire Underwriters or any similar board. Nothing herein shall imply any duty upon the part of Landlord to do any such work which, under any provision of the Lease, Tenant may be required to perform, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform the same. Landlord may, during the progress of any work in the Leased Premises, reasonably keep and store upon the Leased Premises all necessary materials, tools, and equipment. Landlord shall not in any event be liable for inconvenience, annoyance, disturbance, loss of business, or other damage to Tenant by reason of making repairs or the performance of any work in the Leased Premises, or on account of bringing materials, supplies, and equipment onto or through the Leased Premises during the course thereof, and the obligations of Tenant under the Lease shall not hereby be affected in any manner whatsoever. Landlord shall, however, in connection with the doing of any such work cause as little inconvenience, annoyance, disturbance, loss of business, or other damage to Tenant as may reasonably be possible in the circumstances. ARTICLE XXI. Indemnity 21.1 Tenant shall indemnifY and save harmless Landlord against and from any and all claims by or on behalf of any person or persons, firm or firms, corporation or corporations, arising from the conduct or management of or from any work or thing whatsoever done by Tenant, or any of its agents, contractors, employees, or licensees in, on or about the Leased Premises, and will further indemnifY and save Landlord harmless against and from any and all claims arising during the Term of the Lease from any condition of the Leased Premises arising from any breach or default on the part of Ten ant in the performance of any covenant :56-9 or agreement on the part of Tenant to be performed, pursuant to the terms of the Lease, or arising from any act of negligence of Ten ant, or any of its agents, contractors, employees, or licensees, or arising from any accident, injury, or damage whatsoever caused to any person, firm, or corporation occurring during the Term of the Lease, in the Leased Premises, and from and against all costs, reasonable attorneys, fees, expenses, and liabilities incurred in or about any such claim or action or proceeding brought thereon; and in case any action or proceeding is brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord, shall resist or defend such action or proceeding by counsel reasonably satisfactory to Landlord. However, nothing in this Lease shall require the Tenant to indemnifY and save harmless Landlord from any claim caused by or occasioned by actions of the Landlord, its agents, contractors, employees or licensees. ARTICLE XXII. Estoppel Certificate 22.1 Tenant shall, at any time and from time to time, upon not less than twenty (20) days' prior notice by Landlord, execute, acknowledge, and deliver to Landlord a statement in writing certifYing that the Lease is unmodified and in full force and effect (or if there shall have been modifications that the Lease is in full force and effect as modified and stating the modifications) and the dates to which the Base Rent and Additional Rent have been paid in advance, if any, and stating whether or not (to the best knowledge of Tenant) Landlord is in default in the performance of any covenant, agreement, or condition contained in the Lease and, ifso, specifYing each such default of which Tenant may have knowledge, it being intended that any such statement delivered pursuant to this Article shall be in a form approved by and may be relied upon by any prospective assignee of Landlord's interest in the Lease or any mortgagee of the Leased Premises or any assignee of any mortgage upon the Leased Premises. ARTICLE XXIII. Subo-rdination 23.1 The Lease shall, at landlord's election, be subject and subordinate to the terms and conditions of all mortgages which may now or hereafter encumber the Leased Premises and to all renewals, modifications, consolidations, replacements, and extensions of such mortgages. In confirmation of such subordination, Tenant shall promptly execute any certificate of subordination or other such documents which Landlord or its mortgagees may request. ARTICLE XXIV. Signs 24.1 Upon prior written approval by Landlord of design and construction, which approval shall not be unreasonably withheld, Tenant may erect such signs upon the Leased Premises as it may deem desirable, as long as said signs do not exceed in weight the safe carrying capacity of any bearing structure, or violate the laws of the state or ordinances of the municipality in which the Leased Premises is situated. ARTICLE XXV. Entire agreement 25.1 The Lease contains the entire agreement between the parties, and there are no other terms, obligations, covenants, representations, statements, or conditions, oral or otherwise, of any kind whatsoever. Any agreement hereafter made shall be ineffective to change, modifY, discharge, or effect an abandonment of the Lease in whole or in part unless such agreement is in writing and signed by the party against whom enforcement of the change, modification, discharge, or abandonment in sought. ARTICLE XXVI. Release of Lessor 26.1 If Landlord sells or otherwise transfers all of its interest in the Leased Premises, Landlord '5'8-/0 shall, without further action by any party, be released and discharged from any further obligation or duty under the Lease, and no claim or demand upon Landlord shall thereafter be made by Tenant arising out of any such prospective obligation or duty of Landlord hereunder. Upon request by Landlord, Tenant shall execute an attornment agreement with Landlord's transferee in form satisfactory to such transferee. ARTICLE XXVII. Severability 27.1 If any term, condition, or provision of the Lease or the application thereof to any'person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder thereof and the application of such terms, provisions, and conditions to persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and the Lease and all the terms, provisions, and conditions hereof shall, in all other respects, continue to be effective and to be complied with to the full extent permitted by law. ARTICLE XXVIII. Short Form Lease 28.1 At the request of either party hereto, a short form lease shall be prepared in form and substance reasonably satisfactory to each of the parties and shall be executed by each of the parties in duplicate, such lease to be filed for record in Hennepin County, Minnesota. ARTICLE XXIX. Notices 29.1 Any notice or election herein requested or permitted to be given or served by either party hereto upon the other, shall be deemed given or served in accordance with the provisions of the Lease if delivered to either party hereto and receipt is obtained therefor, or if mailed in a sealed wrapper by United states registered or certified mail, postage prepaid, properly addressed to such other party at the address hereinafter specified. Unless and until changed by notice as herein provided, notices and communications shall be addressed as follows: If to Landlord: If to Tenant: City of Richfield, 6700 Portland A venue, Richfield, MN 55423 Hat Trick Hockey, 640 East 66th Street, Richfield, MN 55423 Each such mailed notice or communication shall be deemed to have been given to, or served upon the party to which addressed, on the date the same is deposited in the United states registered or certified mail, postage prepaid, properly addressed in the manner above provided. Each such delivered notice or communication shall be deemed to have been given to, or served upon, the party to whom delivered, upon delivery thereof in the manner above provided. Either party may change the address to which mailed notice is to be sent to it by giving to the other party hereto not less than thirty (30) days, advance written notice thereof. All payments of Base Rent or Additional Rent hereunder shall be made to Landlord at the address above designated, or as may be hereafter designated. ARTICLE XXX. Headings 30.1 The headings incorporated in the Lease are for convenience in reference only and are not a part of the Lease and do not in any way limit or add to the terms and provisions hereof. ARTICLE XXXI. Binding Effect 31.1 All of the covenants, conditions, and agreements herein contained shall extend to, be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. 50--11 IN WITNESS WHEREOF, the parties have executed this Lease the day and year first above written. LESSOR: CITY OF RICHFIELD, a Minnesota municipal corporation By: Its Mayor, Martin Kirsch And By: Its City Manager, Steven Devich LESSEE: HAT TRICK HOCKEY, INC., a Minnesota corporation By: Its Owner, Tom Sachs This instrument was drafted by: Kennedy & Graven, Chartered (JBD) 470 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402 612-337-9219 AGENDA SECTION: AGENDA ITEM # REPORT # CONSEN'I' 5C 3 ...... STAFF REPORT RICHFIELD CITY COUNCIL MEETING JANUARY 8, 2008 REPORT PREPARED By: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAMfi, Tnu: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~/ (-""\('-AJ. 'V'-- --\ ~~~t_~._. -, '" { ..."""\~ ~ ~ t -'~"'-""'-- ',- ' REVIEWED BY CITY MANAGER: ut L~ ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing acceptance of all grants and donations received by the Richfield Recreation Services Department and to authorize the city to administer the funds in accordance with grant aqreements and terms prescribed by donors. I. RECOMMENDED ACTION: By Motion: Approve the resolution authorizing acceptance of all grants and donations received by the Richfield Recreation Services Department and to authorize the city to administer the funds in accordance with grant agreements and terms prescribed by donors. I II. BACKGROUND I The Richfield Recreation Services Department received several grants and donations from various sources and to fund different projects. I III. BASIS OF RECOMMENDATION I A. POLICY 0108 Grants · Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property of more two-thirds majority of the City Council. · The Administrative Services Department issued a memo on November 9,2004 requiring that all grants and restricted donations to departments be received by resolution and by more than two-thirds majority of the City Council in accordance with Minnesota Statute 465.03. I B. CRITICAL ISSUES I · These donations aid Wood Lake's Gateway Gardens project and Project Greenstart, an environmental-education program. I C. FINANCIAL I · All of the donations listed were given without obligation to provide any additional matching funds. I D. LEGAL I · Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property of more two-thirds majority of the City Council. I IV. ALTERNATIVE RECOMMENDATION(S) · Decline to accept the grants. I V. ATTACHMENTS · Council Resolution I VI. PRINCIPAL PARTIES EXPECTED AT MEETING N/A 5C-1 RESOLUTION NO. RESOLUTION AUTHORIZING ACCEPTANCE OF ALL GRANTS AND DONATIONS RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS PRESCRIBED BY DONORS WHEREAS, Minnesota Statute 465.03 reads in part as follows: Any city, county, school district or town may accept a grant or devise of real or personal property and maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Nothing herein shall authorize such acceptance or use for religious or sectarian purposes. Every acceptance shall be by resolution of the council adopted by two-thirds majority of its members, expressing such .terms in full, and WHEREAS, the City of Richfield has received grants and donations as described below: Throughout 2007 Private Donors: Gateway Gardens-Wood Lake June 2007 REI NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: That the City Council of the City of Richfield hereby accepts all grants and donations as listed above for the year 2007 and authorizes the City to administer the funds in accordance with grant agreements and terms prescribed by donors. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of January, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 5D 4 STAFF REpORT CITY COUNCIL MEETING JANUARY 8, 2008 REpORT PREPARED By: NANCY GIBBS, CITY CLERK NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: u( ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution designating an official newspaper for 2008. I. RECOMMENDED ACTION: By Motion: Approve the resolution designating for 2008 the Richfield Sun-Current as the official newspaper for the City of Richfield I II. BACKGROUND I The Richfield Sun-Current, published by Minnesota Sun Publications, has been the City's official newspaper for many years. Attached is a copy of a letter from Minnesota Sun Publications requesting that they be designated the official newspaper for the City of Richfield for 2008. The 2008 advertising rate structure for legal notices is as follows: 1 Column width $14.30 per inch for first insertion $ 7.15 per subsequent inch There are 11 lines per inch. The 2007 rate was the same as the rate proposed for 2008. For 2008, the Minneapolis Star Tribune Newspaper could be considered as the official newspaper. Attached is a fax of the 2008 advertising rate structure for legal 0108newspaper notices in the Sunday and weekday, metro and statewide issues. The rate is $4.75 per line. The 2007 rate was the same as the rate proposed for 2008. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The Charter of the City of Richfield requires in Section 13.01 thereof that the City Council annually designate an official newspaper for the City. . The Sun-Current has expressed an interest in continuing to serve as the official newspaper of the City. . The Sun-Current has served well as the official paper for many years. . The Sun-Current is delivered to nearly all residences in the City. . In prior years the City has designated the Minneapolis Star Tribune as backup official newspaper. I B. CRITICAL ISSUES I . The designation must be made at the first meeting of the new year. I C. FINANCIAL I . The cost of the official publication is reasonable. I D. LEGAL I . A newspaper must be designated each year by the City for publication of all official and legal City business. . For less confusion to the reader, the City Attorney has recommended not having a backup newspaper. I IV. ALTERNATIVE RECOMMENDATION(S) I . Not make a designation and request the City Clerk's office to check into using another publication. I V. ATTACHMENTS . Resolution . Letter from Minnesota Sun Publications . Fax from Star Tribune I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None 5D#~ I RESOLUTION NO. RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER FOR 2008 WHEREAS, the Charter of the City of Richfield requires in Section 13.01 thereof that the City Council annually designate an official newspaper for the City. NOW, THEREFORE, BE IT RESOLVED that the Richfield Sun-Current is designated the official legal newspaper for the City of Richfield for 2008 for all publications required to be published therein. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of January, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 5D/~ m:itUt5 ;(.1ro~BeacOn PRESS&NEWS =~ ~ Sun Patriot ~ $S>atLl;t~lt' t ~ ~ Newspapers 'l1:5' r!l;,... ~ 116 East River 408 E. Main St. 33 Second St. N.E. 10917 Valley View Road 8 Elm Street South 193 I Curve Crest Blvd. AonticeIlo, MN 55362 Melrose, MN 56352 Osseo, MN 55369 Eden Prairie, MN 55344 Waconia, MN 55387 Stillwater, MN 55082 November 15, 2007 City of Richfield City Council 6700 Portland Avenue Richfield, MN 55423-2599 Dear City Council Members: The Richfield Sun-Current would like to be considered for designation as the legal newspaper for the City of Richfield for the upcoming year. All published legal notices are posted on our website (www.mnsun.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broaden the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun-Current is our home delivery. Sun Newspapers has become the primary source of community news in the suburbs. Your notices in our paper have the best chance of being seen and read. We would like to continue working with you, therefore, we will not be making a rate change for the coming year. The rate structure for legals effective the first of the year will be: 1 column width: $14.30 per inch for first insertion $7.15 per inch for subsequent insertions Our columns are 14 picas wide There are 11 lines per inch Two notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 p.m. the Thursday prior to publication. E-mailing the legal notices is an efficient and accurate way of getting the notices to us. The e-mail address for the legal department is sunlegals@acnpapers.com. We still accept notices on disk, faxed or through the mail. If you require more information to make your decision, please contact me or Mary Ann Carlson, our Legal Representative, at 952-392-6829. Thank you for considering the Sun-Current as the official newspaper for the City of Richfield for the upcoming year. We appreciate the opportunity to serve the needs of your community. s~ Jeffrey Coolman Vice President and Group Publisher In t~e Community. With the Community. For the Community d11/26/2007 10:57 FAX 612 673 4884 STAR TRIBUNE CLS. AUV. 5 D..',~., Starltibune Fax TRANSMISSION 425 PORTLAND Minneapolis, MN 55488 TO: Nancy - City of Richfield FAX#: 612-861-9749 PHONE#: FROM: Cheri Ronglien FAX. #: 612-673-4884 PHONE #: DATE: November 26, 2007 PAGES: 1 SUBJECT: Star Tribune Legal Notice Rates for 2008 The rate will be $4.75 per line. AGENDA SECTION: CONSENT AGENDA ITEM # 5E REpORT # 5 STAFF REpORT CITY COUNCIL MEETING JANUARY 8, 2008 REpORT PREPARED By: CHRIS REGIS, FINANCE MANAGER NAME, TInE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolutions designating official depositories for the City of Richfield for 2008, includinq the approval of collateral. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolutions designating official depositories, with the understanding that the City could not invest in any of the depositories beyond the level of insurance coverage or the pledged collateral. . I II. BACKGROUND N/A I III. BASIS OF RECOMMENDATION I I A. POLICY I . In accordance with Minnesota Statutes Section 118A.01 - 118A.06, the City of Richfield must designate financial institutions annually. The institutions must pledge the collateral over and above the amount of federal insurance, as public depositories. . U.S. Bank acts as the banking institution in the City's banking arrangement with the 4M Fund. Monies received, checks written by the City, flow through U.S. Bank, however, at the end of each business day, any proceeds remaining in City U.S. Bank accounts are 0108depositories swept to the 4M Fund to be invested. Therefore, at the end of the business day the City accounts are zero, which means the collateral requirements of Minnesota Statutes Section 118A.03 are not required. Accordingly, U.S. Bank has met all other statutory requirements and should be considered as a depository for the City's Deputy Registrar, payroll and vendor accounts and all savings deposits. . The City must also designate annually, certain savings and loan associations, banks, and credit unions as official depositories for deposit and investment of certain City funds. With approval of these official depositories, the City will be able to deposit and invest funds in these institutions, not exceeding the federal insurance of $100,000. . Finally, a designation must be made for certain financial institutions as depositories for the investment of City funds for 2008. These institutions, such as investment brokerage firms, offer government securities in the manner required by law. These financial institutions include U.S. Bank, Dain Rauscher, Wells Fargo Brokerage Services, Morgan Keegan, N.A. Investment Services, Inc., Piper Jaffray & Co., Northland Securities and the 4M Fund. I B. CRITICAL ISSUES . N/A I C. FINANCIAL . N/A I D. LEGAL I . The City is required by Minnesota Statute 118A.01 - 118A.06, to designate as a depository of funds, insured banks or thrift institutions. Any collateral so deposited is accompanied by an assignment pledged to the City in the amount specified in the attached resolutions. I IV. ALTERNATIVE RECOMMENDATION(S) I . The City Council could solicit other financial institutions for official depositories, but past relationships with the depositories recommended have proven satisfactory for the City. I V. ATTACHMENTS I . Resolution designating US Bank a depository of funds of the City of Richfield for the year 2008. .. Resolution designating certain savings and loan associations, banks, and credit unions as depositories for the investment of City funds in 2008. . Resolution designating certain financial institutions as depositories for the investment of City of Richfield funds in 2008. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None 5E-f RESOLUTION NO. RESOLUTION DESIGNATING U.S. BANK A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 2008 BE IT RESOLVED, by the City Council of the City of Richfield as follows: That, in accordance with Minnesota Statutes, Section 118A.01- 118A.06, U.S. Bank be, and hereby is designated a depository of the funds of the City of Richfield, subject to modification and revocation at any time by said City, and subject to the following terms and conditions: The said depository shall not be required to give bonds or other securities for such deposits provided that the total sum thereof shall not at any time exceed in any depository the sums for which its deposits are insured under the Acts of Congress of the United States relating to insurance of bank deposits; but that in case such deposits in any such depository shall at any time exceed such insured sum, said depository shall immediately furnish bonds or other security for such excess according to law, approved by the City Council of said City. That said depository shall pay on demand all deposits therein; and shall pay all time deposits, at or after the end of the period for which the same shall be deposited, on demand. BE IT FURTHER RESOLVED, that there shall be maintained a general account in which shall be deposited all monies from the water, sewer, storm sewer, liquor, swimming pool/ice arena, deputy register fees, City permits and other deposits not otherwise specifically provided for. The following officers or their facsimile signatures shall sign checks on this account; STEVEN L. DEVICH, CITY MANAGER CHRIS REGIS, FINANCE MANAGER BE IT FURTHER RESOLVED, that all funds remaining in the account at the end of each business day will be transferred from U.S. Bank to the 4M Fund where funds deposited are invested and insured. Passed by the City Council of the City of Richfield, Minnesota this 8th day of January, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 5{;,,-:J- RESOLUTION NO. RESOLUTION DESIGNATING CERTAIN SAVING AND LOAN ASSOCIATIONS BANKS AND CREDIT UNIONS AS DEPOSITORIES FOR THE DEPOSIT AND INVESTMENT OF CITY FUNDS IN 2008 BE IT RESOLVED, by the City Council of City of Richfield, Minnesota WHEREAS, pursuant to Minnesota Statutes, Sections 118A.01 - 118A.06, municipal funds may be deposited in any Savings and Loan Assodation, Bank or Credit Union which has its deposits insured by the Federal Savings and Loan Insurance Corporation (FSLlC), the Federal Deposit Insurance Corporation (FDIC) of the National Credit Union Administration (NCUA), and WHEREAS, the amount of said deposits may not exceed the FSLlC/FDIC/NCUA insurance covering such deposits which insurance amount is presently $100,000, and WHEREAS, the deposit of City funds in Savings and Loan Associations and Banks would provide greater flexibility in the City's investment program and maximize interest income thereon, and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1 . It is hereby found and determined that it is in the best interest of the proper management of City funds that various banks be designated as additional depositories for City funds for 2008. 2. It is further found and determined that the purpose of such depository designation is to facilitate the proper and advantageous deposit and investment of City funds and that such designation is not exclusive nor does it preclude the deposit of any City funds in other officially designated depositories of the City. 3. The Treasurer and Finance Manager are hereby authorized to deposit City funds in various depositories up to the amount of $100,000, or such other amount as may be subsequently permitted by law, such deposits to be in the form of demand accounts, payable to the City of Richfield on the signatures of the City Treasurer or Finance Manager. Such deposits may be made and withdrawn. from time to time by the Treasurer or Finance Manager as his best judgment and the interests of the City dictates. 4. The investment of funds and the reporting thereof pursuant to this resolution shall be conducted in accordance with established policies of the City regarding the investment of City funds. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of January, 2008. . Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 5l2.r 3 RESOLUTION NO. RESOLUTION DESIGNATING CERTAIN FINANCIAL INSTITUTIONS AS DEPOSITORIES FOR THE INVESTMENT OF CITY OF RICHFIELD FUNDS IN 2008 WHEREAS, the City of Richfield has money which is available for investment, and WHEREAS, different financial institutions offer different rates of return on investments, and WHEREAS, the City of Richfield shall purchase U. S. Treasury Bills, U. S. Treasury Notes and other such government securities in the manner required by law from the institution offering the highest rate to the City of Richfield providing ,greater flexibility in the investment program and maximize interest income thereon. NOW, THEREFORE, BE IT RESOLVED, by the City of Richfield, Minnesota, in accordance with Minnesota Statutes, Sections 118A.01 - 118A.06, as follows: 1. It is hereby found and determined that it is in the best interest of the proper management of City of Richfield funds that certain financial institutions be designated as additional depositories for City of Richfield funds for 2008. 2. The foHowing financial institutions designated as depositories for the City of Richfield funds: Dain Rauscher, Inc. Wells Fargo Brokerage Services N.A. Investment Services, Inc. Northland Securities, Inc. Piper Jaffray & Co. Morgan Keegan 4M Fund 3. The Treasurer and Finance Manager are hereby authorized to deposit the City of Richfield funds in any or all of the depositories herein designated. Such deposits may be made and withdrawn from time to time by the Treasurer or Finance Manager's judgment and as the interest of the City of Richfield dictates. 4. The investment of funds and the reporting thereof pursuant to this resolution shall be conducted in accordance with established policies regarding the investment of these funds. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of January, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 5F 6 STAFF REPORT CITY COUNCIL MEETING JANUARY 8, 2008 REPORT PREPARED By: JA Y HENTHORNE, POLICE LIEUTENANT NAME, TnUi COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: IZI REVIEWED BY CITY MANAGER: ~& ITEM FOR COUNCIL CONSIDERATION: Approve the acceptance of grant funds from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) Secure Our Schools grant funds on behalf of Intermediate School District 287. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution allowing the Dept. of Public Safety to accept grant monies from the U.S. Dept. of Justice COPS' Secure Our Schools program, on behalf of Intermediate School District 287. I II. BACKGROUND I In June of 2007, the Public Safety Department was asked to submit a grant application on behalf of Intermediate School District 287. District 287 provides special education and alternative learning programs for higher-risk students throughout Hennepin County who have been unsuccessful in their home districts. The application indicated that the grant funds will be used to help fund immediate security improvements at Lincoln Hills School, as well as security equipment for the new South Education Center that will open in the community in spring 2008. 0108 Resolution Secure Our Schools Grant The COPS grant is an agreement that will provide funds to the school district; however, the school must agree to match the same amount. The total project amount submitted was $13,920, meaning $6,960 would be equally contributed by District 287 and the Justice Department through the COPS program. Public Safety has no financial responsibility in this agreement. The Director of the Department of Public Safety, Dan Scott, and the City Manager, Steven Devich, signed documents in June, September and November of 2007 to indicate compliance and approval to submit the application for the funds. One condition of the COPS grant is that school administration must connect with a law enforcement agency that would administer the grant. It is for that reason that Richfield Public Safety is presenting the grant proposal to the City Council. I III. BASIS OF RECOMMENDATION I I A. POLICY I . Minnesota Statute 465.03 requires that every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. . The Administrative Services Department issued a memo on November 9, 2004 requiring that all grants and restricted donations to departments be received by resolution and passed by more than two- thirds majority of the City Council in accordance with Minnesota Statute 465.03. I B. CRITICAL ISSUES I . This grant is not for use by the Public Safety Department; rather, it is to help fund security improvements at two schools located in the City of Richfield, through District 287. . All grant funds will be used to support the purchase of equipment as noted in the agreement budget, for Lincoln Hills and the New South Education Center. I C. FINANCIAL I . Public Safety will not receive any of the funds, nor will there be any financial obligation on the part of Richfield Public Safety Department. I D. LEGAL . N/A I IV. ALTERNATIVE RECOMMENDATION(S) I . If Council decides to not accept the funds on behalf of the school district, the district will not be able to receive the grant from the Department of Justice. I V. ATTACHMENTS . Resolution to Accept Grant Monies. . Secure Our Schools grant document. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I . Representative from District 287 or Lt. Jay Henthorne. 5P-( RESOLUTION NO. RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT COPS SECURE OUR SCHOOLS GRANT FUNDS FROM THE U.S. DEPT. OF JUSTICE, ON BEHALF OF SCHOOL DISTRICT 287, FOR SECURITY IMPROVEMENTS AT LINCOLN HILLS SCHOOL AND SECURITY EQUIPMENT FOR THE SOUTH EDUCATION CENTER WHEREAS, a matching funds grant has been approved by the U.S. Dept. of Justice COPS program for Richfield Public Safety on behalf of two Richfield schools under District 287 to participate in funds made available to several Hennepin County schools that have been unsuccessful in receiving funds in their district,; and, WHEREAS, Richfield's Lincoln Hills school and the new South Education Center opening in spring 2008 operate under District 287 and provide special education and alternative learning programs for higher-risk students, which meets the criteria of the grant; and, WHEREAS, the grant specifies that the funds must be administered through a law enforcement agency; and, WHEREAS, Richfield Police has agreed and properly signed documents indicating that they will administer the grant funds; and, WHEREAS, the schools have agreed to match funds ($6,960) with the Department of Justice, COPS program administration, as required in the grant specifications, bringing the project total to $13,920. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield, Public Safety Department will accept funds designated for Lincoln Hills School and South Education Center security in accordance to and as listed in the agreement. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of January 2008. . Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk . Applicant Legal Name: I r.ity Of Richfield Department of Public Safety 5F-d-. OMS Number: 1103-0097 Expiration Date: 2/29/2008 ORI#: 11MN02718 BUDGET SUMMARY Instructions: When you have completed the Budget Detail Worksheets, please transfer the category totals to the spaces below. Please compute the Total Project Amount, Total Federal Share Amount, and Total Local Share (if applicable). Please see the Application Guide for information on the maximum federal share and local matching requirements for the grant for which you are applying. Category Total ($) Line # I I 2 13,920.00 I 3 I 4 I 5 I 6 I 7 I 8 13,920.00 I 6,960.00 I 6,960.00 1 Budget Category A. Sworn Officer Positions B. Civilian/Other Personnel C. EquipmentiTechnology D. Other Costs E.Supplies F. TraveliTraining G. Contracts/Consultants H. Indirect Costs Total Project Amount: Total Federal Share Amount: (Total Project Amount X Federal Share Percentage Allowable) Total Local Share Amount (If applicable): (Total Project Amount - Total Federal Share Amount) Contact Infonnation for Budget Questions Please provide contact information of the financial official that the COPS Office may contact with questions related to your budget submission. Authorized Official's Typed Name: Prefix: I . First Name: 1 Paul Middle Name: I . Last Name: !Sterlacci Suffix: I . Title: I Clinical Psychologist, District 287 . Phone: 1763-504-8427 . E-mail Address: Ipsterlacci@district287.org . Fax: 1763-504-8431 PAPERWORK REDUCTION ACT NOTICE The public reporting burden for this collection of information Is estimated to be up to 2 hours per response, depending upon the COPS program being applied for, including the time for reviewing instructions. searching existing data sources, gathering the budget data needed. and completing the worksheetS. Send comments regarding this burden estimate or any other aspects of the collection of this inlonmation, including suggestions for reducing this burden, to the Office of Community Oriented Policing Services, U.S. Department of Justice, 1100 Venmont Avenue, N.W" Washington, D.C. 20530; and to the Public Use Reports Project, Office of Information and Reguiatory Affairs. Office of Management and Budget, Washington. D.C. 20503. You are not required to respond to this collection of information uniess it displays a valid OMB control number. The OMB control number for this application is '11 03-009i and the expiration date is 2/29/2008 jF-3 COPS Secure Our Schools Grant Request City of Richfield Department of Public Safety June 13, 2007 Budget Narrative All grant funds would support purchase of the following equipment for Lincoln Hills school and/or the new South Education Center: 1 DVR & 1 Computer Workstation A DVR unit and computer workstation will support the South Education Center's camera system, allowing a new police liaison officer to monitor live feeds, review tapes, and bum multiple track CDs for incident review, evidence or charging purposes. 1 Metal Detector & 2 Wands A walk through metal detector and 2 wands would be sited fIrst at Lincoln Hills and then moved to the South Education Center upon closure of Lincoln Hills and opening of the new facility. 20 Walkie Talkies 20 high-quality walkie-talkie units will enable the liaison officer and school staff to coordinate response and de-escalate incidents throughout the three-story South Education Center, as well as the Lincoln Hills site prior to the move. 1 Digital Camera One digital camera would be used by the officer to document evidence and support charging as needed. Application Attachment to SF-424 OMS Number: 1103-0098 Expiration Date: 02/29/2008 Official Partner(s) Signature: sp-Lj Prefix [Ms. I First Name [ Sandra I I I Middle Name I I Last Name i Lewandowski I Suffix I I I t;J~-~' ,,\,~~o, Signature: ~.o--L i Completed Upon Submission to Grants.gov I Date: ! I Prefix i I First Name I , i Middle Name I I Last Name I I Suffix L I Signature: Date: I Completed Upon Submission to Grants.gov I Prefix I I First Name I I Middle Name I I Last Name I I Suffix I I Signature: Date: I Completed Upon Submission to Grants. gov I Prefix [ I First Name I I Middle Name I I Last Name I I Suffix I I Signature: Date: [Completed Upon Submission to Grants.gov [ GRANTS.GOV NOTE: When applying online via Grants.gov, the Authorized Organizational Representative's signature will be the only signature submitted online. However, the Law Enforcement Executive/Program Official and the Government Executive/Financial Official signatures, as well as any applicable program partners' signatures, are MANDATORY and a hard copy of the Certification of Review and Representation of Compliance with Requirements should be kept in the agency's files and furnished upon request. Signatures shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant. PAPERWORK REDUCTION ACT NOTICE The pUblic reporting burden for this collection of information is estimated to be up to eight average hours per response, depending upon the COPS program being applied for including time for searching existing data sources, gathering the data needed, and completing and reviewing the application. Send comments regarding this burden estimate or any other aspects of the collection of this information, including suggestions for reducing this burden, to the Office of Community Oriented Policing Services, U.S. Department of Justice, 1100 Vermont Avenue, N.W., Washington, D.C. 20530; and to the Public Use Reports Project, Office of Information and Regulatory Affairs, Office of Management and Sudget, Washington, D.C. 20503. You are not required to respond to this collection of information uniess it displays a valid OMS control number. The OMS control number for this application is 1103-0098 and the expiration date is 2/29/2008. 5F,-- S- COPS Secure Our Schools Grant Request City of Richfield Department of Public Safety June 13,2007 Executive Summary The Richfield Department of Public Safety has long responded as needed to District 287's Lincoln Hills school, an alternative learning center for approximately 220 high school students who have not been successful in their home school districts across Hennepin County. The current Lincoln Hills building has minimal security technology and lacks a full-time liaison officer. Lincoln Hills is the least secure of all District 287's facilities and would benefit from additional safety and security measures. The Department and District 287 are seeking matching funds towards purchase of a metal detector and two handheld wands that could be put into immediate use at the facility (with specific school staff trained in their proper use). These measures would serve as deterrents and enhance safety at Lincoln Hills. District 287 is also in the process of building a new three-story South Education Center, which will accommodate the alternative high school program currently sited at Lincoln Hills as well as programs for special education students with severe emotional-behavioral disorders (EBD), students with neurological conditions affecting behavior (for example severe autism) and a high school program for pregnant and parenting teens, including on- site day care (a total of 300 students at the new site). The new facility is slated to open in spring 2008. Both the Department of Public Safety and District 287 believe this new mix of students calls for increased security measures. Pending adequate staffmg (some officers are currently serving in Iraq), the plan is to assign a full-time police liaison to the new building when it opens. Security cameras and key card access points have been incorporated into the building design. If funded, District 287 is further committed to match COPS-SOS funds to purchase a DVR and computer station for the new liaison officer to monitor camera feeds, a digital camera for documentation of evidence, and 20 walkie-talkie units for staff-officer communication. These improvements would allow rapid response of the officer to all areas of the building, help de-escalate incidents, and control student access to other program areas within the building. The metal detector and wands would also be relocated to the new site. 5 p--- {p COPS Secure Our Schools Grant Request City of Richfield Department of Public Safety June 13, 2007 Project Description A. Assessment of Existing Problems Current calls for service at the Lincoln Hills facility (requiring dispatch from the Department, as there is no liaison officer on site) for the 2005-2006 school year are listed below. District 287 staff are highly trained in behavior management and de-escalating conflict, so many incidents are handled on site. Incidents reported to police included: Incident Count Homicide 0 Sex Offenses 0 Assault/Fights 3 Stolen Property 2 Threats to School Property 0 Possession of Weapons 0 Vandalism/Graffiti 5 Possession/Sale of Drugs 0 Underage Drinking 0 Truancy 42 unexcused absences average per day (21 % of students) Theft from Motor Vehicles 0 Disorderly Conduct 2 In addition, school sanctions included 12 returns to the home district (the equivalent of expulsion), 4 long-term suspensions of2 days or more, and 125 one-day suspensions (student sent home for remainder of the day). The new South Education Center, opening in spring 2008, will serve a mixed population of students with an overall increase in risk. With the alternative school, programs for students with severe emotional behavioral disorders, programs for low functioning students, and a pregnant and parenting teens program / daycare all on site, it will be important to control and monitor student movement through the building and respond promptly to incidents. B. Population served Lincoln Hills had 190 students enrolled at the start of the 2005-2006 school year. The new South Education Center will serve approximately 300 students. 5 r: ~ '7 C. CurrentlPlanned Crime Prevention Activities The planned project will improve the Richfield Public Safety Department's ability to deter delinquency and improve security, first at Lincoln Hills and then at the new South Education Center. The immediate installation of a metal detector and the use of wands will be a pragmatic transition measure at Lincoln Hills, which is significantly undersecured. With the launch of the new South Education Center, the Department and District 287 have an opportunity to "do it right" and set up equipment, staffing and protocols that will ensure a safe and stable learning environment, right from the start. Through the projected liaison officer, security cameras, and key card access, District 287 has already made substantial commitments of its funding to prevent crime and de-escalate incidents. By adding a DVR unit, an officer workstation for monitoring cameras, 20 walkie talkies for rapid staff-liaison communication, and a digital camera for documentation of property damage/other evidence, the project will make the new school fully functional as a safe, secure, and orderly learning environment. The liaison officer would have all the tools needed to be most effective in policing a school site. District 287 would seek to install the metal detector, buy wands, buy the walkie talkies, and train staff at Lincoln Hills before the start of the 2007-2008 school year. The DVR and computer to support the cameras and the digital camera would be purchased and set up for the liaison officer's use at the new South Education Center prior to its opening (projected for April or May 2008). The metal detector, wands, and walkie talkies would also be transferred to the new facility upon occupancy. U.S. Department of Justice Office of Community Oriented Policing Services 6r..2> .:;:~~" .....~~"5 ."'0." (~~_.". . .'~~i .~,\ p~ \~;:f:{l' Assurances Several provisions of federal law and policy apply to all grant programs. We (the Office of Community Oriented Policing Services) need to secure your assurance that the applicant will comply with these provisions. If you would like further information about any of these assurances, please contact your state's COPS Grant Program Specialist at (800) 421-6770. By the applicant's authorized representative's signature, the applicant assures that it will comply with all legal and administrative requirements that govern the applicant for acceptance and use of federal grant funds. In particular, the applicant assures us that 1. It has been legally and officially authorized by the appropriate governing body (for example, mayor or city council) to apply for this grant and that the persons signing the application and these assurances on its behalf are authorized to do so and to act on its behalf with respect to any issues that may arise during processing of this application. 2. It will comply with the provisions of federal law, which limit certain political activities of grantee employees whose principal employment is in connection with an activity financed in whole or in part with this grant. These restrictions are set forth in 5 US.c. ~ 1501, et seq. 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if applicable. 4. It will establish safeguards, if it has not done so already, to prohibit employees from using their positions for a purpose that is, or gives the appearance of being, motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. 5. It will give the Department of Justice or the Comptroller General access to and the right to examine records and documents related to the grant. 6. It will comply with all requirements imposed by the Department of Justice as a condition or administrative requirement of the grant, including but not limited to: the requirements of 28 CFR Part 66 and 28 CFR Part 70; OMB Circular A-87, A-21, A-122 or the Federal Acquisition Regulations, as applicable (governing cost principles); OMB Circular A-133 (governing audits) and other applicable OMB circulars; the applicable provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 28 CFR Part 38.1; and with all other applicable program requirements, laws, orders, regulations, or circulars. 7. If applic:lble) it will, to the extent practicable and consistent with applicable law, seek, recruit and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions in the agency. 8. It will not, on the ground of race, color, religion, national origin, gender, disability or age, unlawfully exclude any person from participation in, deny the benefirs of or employment to any person, or subject any person to discrimination in connection with any programs or activities funded in whole or in part with federal funds. These civil rights requirements are found in the non-discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.c. ~ 3789(d)); Title VI of the Civil Rights Act of 1964, as amended (42 US.c. ~ 2000d); the Indian Civil Rights Act (25 US.c. ~~ 1301-1303); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.c. ~ 794); Title II, Subtitle A of the Americans with Disabilities Act (ADA) (42 US.c. ~ 12101, et seq.); the Age Discrimination Act of 1975 (42 US'c. ~ 6101, et seq.); and Department of Justice Non- Discrimination Regulations contained in Title 28, Parts 35 and 42 (subparts C, D, E and G) of the Code of Federal Regulations. A. In the event that any court or administrative agency makes a finding of discrimination on grounds of race, color, religion, national origin, gender, disability or age against the applicant after a due process hearing, it agrees to forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs, 810 7th Street, N\v, Washington, nc. 20531. B. Grantees that have 50 or more employees and grants over $500,000 (or over $1,000,000 in grants over an eighteen-month period), must submit an acceptable Equal Employment Opportunity Plan ("EEOP") or EEOP short form (if grantee is required to submit an EEOP under 28 CFR 42.302), that is approved by the Office of Justice Programs, Office for Civil Rights within 60 days of the award start date. For grants under $500,000, but over $25,000, or for grantees with fewer than 50 employees, the grantee must submit an EEOP Certification. (Grantees of less than $25,000 are not subject to the EEOP requirement.) 9. Pursuant to Department of Justice guidelines (June 18, 2002 Federal Register (Volume 67, Number 117, pages 41455-41472)), under Title VI of the Civil Rights Act of 1964, it will ensure meaningful access to its programs and activities by persons with limited English proficiency. 10. It will ensure that any facilities under its. ownership, lease or supervision which shail be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify us if advised by the EP A that a facility to be used in this grant is under consideration for such listing by the EP A. 11. If the applicant's state has established a review and comment procedure under Executive Order 12372 and has selected this program for review, it has made this application available for review by the state Single Point of Contact. 12. It will submit all surveys, interview protocols, and other inforIlliltion collections to the COPS Office for submission to the Office of Management and Budget for clearance under the Paperwork Reduction Act of 1995 if required. 13. It will comply with the HUIllilU Subjects Research Risk Protections requirements of 28 CFR Part 46 if any part of the funded project contains non-exempt research or statistical activities which involve human subjects and also with 28 CFR Part 22, requiring the safeguarding of individually identifiable inforIlliltion collected from research participants. 14. Pursuant to Executive Order 13043, it will enforce on-the-job seat belt policies and programs for employees when operating agency-owned, rented or personally-owned vehicles. 15. It will not use COPS funds to supplant (replace) state, local, or Bureau of Indian Affairs funds that otherwise would be Illilde available for the purposes of this grant, as applicable. 5 j::- q 16. If the awarded grant contains a retention requirement, it will retain the increased officer staffing level and/ or the increased officer redeployment leve~ as applicable, with state or local funds for a minimum of one full local budget cycle following expiration of the grant period. 17. It will not use any federal funding directly or indirectly to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law ratification, policy or appropriation whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy or appropriation as set forth in the }>uti-Lobby ,\ct, 18 U.S.c. 1913. False statements or claims made in connection with COPS grants (including cooperative agreements) may result in fines, imprisonment, disbarment from participating in federal grants or contracts, and/or any other remedy available by law. I certifY that the assurances provided are true and accurate to the best of my knowledge. Elections or other selections of new officials will not relieve the grantee entity of its obligations under this grant. atur .of Gov=ent Executive i' Financiil Authority, as applicable) 6-11/.(j/ Date , - {If... 07 Dare updated: May 19, 2005 e12042636 U.S. Department of Justice Office of Community Oriented Policing Services 5F-IO Certifications Regarding lobbying; Debarment, Suspension and Other Responsibility Matters; Drug-free Workplace Requirements Coordination with Affected Agencies. Although the Department of Justice has made every effort to simplify the application process, other provisions of federal law require us to seek your agency's certification regarding certain matters. Applicants should read the regulations cited below and the instructions for certification included in the regulations to understand the requirements and whether they apply to a particular applicant. Signing this form complies with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying," 28 CFR Part 67, "Government-Wide Debarment and Suspension (Nonprocurement)," 28 CFR Part 83 Government-Wide Requirements for Drug-Free Workplace (Grants)," and the coordination requirements of the Public Safety Partnership and Community Policing Act of 1994. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determioes to award the covered grant. 1. Lobbying As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or =ployee of Congress, or an employee of a member of Congress in connection with the making of any federal grant; the entering into of any cooperative agre=ent; and the extension, continuation, renewal, amendment or modification of any federal grant or cooperative agre=ent; B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Ot:..~er Responsibility Matters (Direct Recipient) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.440 - A. The applicant certifies that it and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency; (il) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) or private agreement or transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property, making false claims, or obstruction of justice, or commission of any offense indicating a lack of business integrity or business honesty that seriously and directly affects your present responsibility. (ill) Are not presently indicted for or otherwise criminal1y or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (A)(il) of this certification; and (iv) Have not within a three-year period preceding this application had one or more public transactions (federal, state or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. Drug-Free Workplace (Grantees Other Than Individuals) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CPR Part 83, for grantees, as defined at 28 CFR Part 83, Sections 83 and 83.510- A. The applicant certifies that it will, or will continue to, provide a tltug-Eree workplace by: (i) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (ll) Establishing an on-going drug-free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug_ abuse violations occurring in the workplace; (ill) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (i); (iv) Notifying the employee in the statement required by paragraph (i) that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (v) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (iv)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must pIOvide notice, including position title, to: COPS Office, 1100 Vermont Ave., NW; Washington, DC. 20530. Notice shall include the identification number(s) of each affected grant. (Vi) Taking one of the following actions, within 30 calendar clays of receiving notice under subparagraph (iv)(b), with respect to any employee who is so convicted - Grantee Agency Name and Address: 5F-11 - (a) Taking appIOpriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, Liw enforcement or other appropriate agency; (vii) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (i), (ii), (iii), (iv), (v) and (vi). B. The grantee may insert in the space pIOvided below the site(s) for the performance of work done in connection with the specific grant: Place of performance (street address, city, county, state, zip code) Check 0 if thete are workplaces on @e that are not identified hete. 4. Coordination The Public Safety Partnetship and Co=unity Policing Act of 1994 requires applicants to certifY that there has been appropriate coordination with all agencies that may be affected by the applicant's grant pIOpOSal if approved. Affected agencies may include, among others, the Office of the United States Attorney, state or local prosecutors, or correctional agencies. The applicant cettifies that there has been appropriate coordination with all affected agencies. Richfield, MN 55423 City of Richfield, Oept. of Public Safety. 6700 Portland Avenue So. Grantee IRS/ Vendor Numbet: 41-6005490 False statements or claims made in connection with COPS grants (including coopetative agreements) may result in fines, imprisonment, disbarment from participaring in fedetal grants or contracts, and/or any othet remedy available by Liw. I certifY that the assurances provided are true and accurate to the best of my knowledge. Elections or othet selections of new officials will not relieve the grantee entity of its obligations undet this grant. Typed Name and Title of Law Enforcement Executive (or Official with Programmatic Authority, as applicable): DAN SCOTT, 01 RECTOR signaturL~V\ . r c.o-tl5 OF PUBLIC SAFETY Date: b - ! '-/ - 6 7 ial with Financial Authority, as applicable): Date: "~/{/-07 updated: December 10.2004 e12042636 AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 5G 7 STAFF REpORT CITY COUNCIL MEETING JANUARY 8, 2008 REpORT PREPARED By: KATHY FARRIs, HUMAN SERVICES PLANNERlCORDINATOR NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the 2008 Social Service agency funding recommendations and authorizing the City Manager to execute agreements for service with those agencies funded by the City. I. RECOMMENDED ACTION: Consider the resolution providing funding amounts of certain human service agencies in the below listed recommended amounts for 2008. I II. BACKGROUND I A review committee has been formed comprised of the Richfield Community Human Services Planning Council (RCHSPC). This committee serves as the review and recommending group for City Social Service Funds. The following process was used in making funding recommendations: . The RCHSPC established the following priority areas for funding consideration: 1) services for frail elderly persons; 2) services for physically and/or mentally disabled persons; 3) services for individuals, families and children at risk; 4) housing support services for low-income persons. . An announcement was made soliciting funding proposals for service in the Richfield Sun. Applications were sent to prospective agencies. . The Grant Review Committee met on October 22 and November 26 to review proposals from the applicant agencies and make recommendations for funding. 0108socialservicefunding Following is a history of City of Richfield Social Service grant awards. The Grant Review Committee recommends $96,570 of City Other Agency Division funds be allocated to the following agencies in the amounts indicated for 2008 (see attachments, page 1, for service descriptions ): Organization 2004 2005 2006 2007 2008 Rec Senior Community Services 9,000 9,070 9,070 9,070 11 ,500 Cornerstone 12,500 13,500 13,500 15,000 15,000 Storefront 35,000 30,000 30,000 28,000 28,000 Family & Children's Services 12,000 10,000 8,000 8,000 VEAP 15,070 15,000 15,000 15,000 15,000 Richfield READY 1,500 2,500 2,500 2,500 2,500 MIRA 10,000 9,285 Bethany Covenant Church 7,285 CAPSH 5,000 NA Loaves & Fishes 3,000 3,000 NA Assumption Church 8,000 NA RCC Community Dialoque 500 NA Oak Grove Church 6,500 7,000 NA HRA-Kids at Home 5,000 NA House of Prayer 10,000 NA RF Schools! Auasburq Library 2,000 1,500 NA TOTAL $93,570 $93,570 $93,570 $93,570 $96,570 I III. BASIS OF RECOMMENDATION I I A. POLICY I . All funding recommendations meet the priorities established for 2008 (see attached "Guidelines and Instructions for 2008 Funding Assistance" and "2008 Application for Funding Assistance"). . Agencies recommended for funding have met review criteria in the areas of service need and program management (see attached "Guidelines and Instructions for 2008 Funding Assistance" and "2008 Application for Funding Assistance"). . Agencies recommended for funding have stated service outcomes and have established methods for evaluating service results. . Agencies recommended for funding are receptive to collaboration and several participate in HSSC and the Richfield Community Council. I B. CRITICAL ISSUES I . Services are to be provided in calendar year 2008. I C. FINANCIAL I . Recommendations are based on the unallocated portion ($96,570 - Human Services-Programs) of the 2008 OtherAgencies Division Budget, 10105. A City Council/Administration 2008 allocation of $24,970 of this budget is designated for the Hennepin South Services Collaborative for research, planning and coordination functions. I D. LEGAL .. I . Agencies awarded funding will be required to sign a service agreement. I IV. ALTERNATIVE RECOMMENDATION(S) I . Recommendations in regards to funding are advisory. Final determination is subject to Council approval. Council has the discretion to revise amounts. I V. ATTACHMENTS . Descriptions of Proposed Services . Guidelines and Instructions for 2008 Funding Assistance . 2008 Application for Funding Assistance . Draft Minutes of 11/26/07 RCHSPC Meeting . 2007 RCHSPC Members I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None. 5 &-- I RESOLUTION NO. A RESOLUTION APPROVING THE 2008 SOCIAL SERVICE AGENCY FUNDING RECOMMENDATIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS FOR SERVICE WITH THOSE AGENCIES FUNDED BY THE CITY WHEREAS, a review committee has been formed comprised of the Richfield Community Human Services Planning Council (RCHSPC) members to serve as the review and recommending group for City Social Service Funds; and WHEREAS, this committee reviewed applications from human service agencies for City Social Service Funds. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Richfield that the funds be allocated as follows: Organization Recommendation Cornerstone - Criminal Justice Intervention $15,000 Family & Children's Service - School Success 8,000 Senior Community Services - Senior Outreach Program 11,500 The Storefront Group - Youth Counseling Program 28,000 Volunteers Enlisted to Assist People (VEAP) 15,000 Richfield R.E.A.D.Y. 2,500 MIRA - Programs, Information & Referral Services 9,285 Bethany Covenant Church-Richfield Youth Mentor Program 7,285 TOTAL $96,570 BE IT FURTHER RESOLVED that the City Manager be authorized to execute contractual agreements with the above-named agencies summarizing services to be provided to Richfield residents. Passed by the City Council of the City of Richfield, Minnesota this 8TH day of January, 2008. Debbie Goettel, Mayor - Nancy Gibbs, City Clerk w U Z < I- en en en < " z c z :::> LL. w U >...J ~- wU enZ ...J:::> <0 -U u" Oz en_ ZZ OZ -< en...J >0.. Ben >-w u~ z> w~ "w <en o:::Z w< :::I::!!!: 1-:::> O:::I: ~~ 0- LL.Z en:::> z:!!!: O:!!!: -0 ~u Cc Z...J ww :!!!:u:: :!!!::::I: OU u- wO::: ~ co o o '" C ...J W LL. :::c U 0:: LL. o >- I- U 5 &-- ~ I.{) co N I'- ..- 5 G-- 3 CITY OF RICHFIELD GUIDELINES AND INSTRUCTIONS FOR 2008 FUNDING ASSISTANCE The Richfield Community Human Services Planning Council (RCHSPC) is responsible for setting priorities for City of Richfield Social Service funding and for making recommendations for grant awards. Each year the RCHSPC examines the City Social Service Funding process to determine funding parameters and priority goals for the purpose of making the best use of funds. Fundina Parameters . Any non-profit organization is eligible to apply. . Projects must serve Richfield residents. . Because of limited funds, requests made should not cover all expenses of a proposed service. Priority Goals Projects must address at least one of the following priorities: . Services for frail elderly persons · Services for persons with physical and/or mental disabilities . Services for individuals, families and children at risk · Housing support services for low-income persons Award Criteria Priority will be giving to proposals that meet the following criteria: · Demonstrated need of the proposed service for the targeted population. . Collaboration with other service providers. · Participation in the Richfield Community Council and Hennepin South Services Collaborative and its related activities. . Efforts to serve cultural/ethnic/racial populations and low-income persons. · Demonstrated value to the community. . Does not duplicate services to Richfield residents. [ICompleted applications must be submitted by October 4, 20071[ 2 be; -y CITY OF RICHFIELD GUIDELINES AND INSTRUCTIONS FOR 2008 FUNDING ASSISTANCE Page 2 APPLICATION INSTRUCTIONS The attached Application for Funding Assistance must be used in your request for funds. Proposals should: . Include agency and program name and address, and contact person name, title, phone #, fax # and Email address as applicable. . Be typewritten, printed on both sides and include page numbers. . Include the questions along with the responses. . Be as brief, clear and concise as possible. . NOT include expensive binding, brochures, letters of support or materials not asked for in the application. Submit 1 original plus 11 hard copies and 1 email copy (total 13 copies) of completed application by October 4. 2007 to: Kathy Farris Human Services Planner/Coordinator City of Richfield 6700 Portland Avenue Richfield, MN 55423 Kfarris@citvofrichfield.orq. The RCHSPC will review applications for social service funds at its October 22 and November 26, 2007 meetings. Applicants may be asked to respond to additional questions after the initial review of proposals on October 22. Recommendations for fund allocations will be made to the Richfield City Council at its January 8, 2008 City Council meeting. Agencies awarded social services grants will be required to sign a service agreement for calendar year 2008 and submit semi-annual reports on service outcomes. Organizations are encouraged to contact Kathy Farris at 612-861-9754, Kfarris@citvofrichfield.org with any questions and for assistance in completing grant applications. IICompleted applications must be submitted by October 4, 200711 3 5 Gr 5" CITY OF RICHFIELD 2008 APPLICATION FOR SOCIAL SERVICE FUNDING ASSISTANCE PROPOSAL HEADING 1. Agency name, address, contact person, and phone/fax/email 2. Amount of request 3. Name of proposed service 4. Brief description of service 5. Identify priority area(s) you are addressing: a) Services for frail elderly persons b) Services for persons with physical and/or mental disabilities c) Services for individuals, families and children at risk d) Housing support services for low-income persons ADMINISTRATION 1. Provide a mission statement for your agency. 2. Provide statement of your organization's legal status. 3. Indicate your total agency budget for 2008. 4. Indicate your proposed project budget for 2008. Itemize proposed expenses and describe as applicable. Indicate both proposed City funds and other funds to support the project. PROGRAM 1. Demonstrate the need for the proposed service. 2. Describe service to be funded. Include: a) Brief statement depicting what the service is and how service is provided b) Target population(s); estimated number of unduplicated individuals you plan to serve c) admission criteria and process d) how clients are involved in the planning process for service e) desired outcomes and methods of evaluating and measuring client progress (use attached "Proposed Outcome/Evaluation Methods" form) 3. Describe efforts to outreach to target population, including immigrant and low- income individuals. 4. If city funds were reduced or not available after 2008, how you would continue to provide the service. COLLABORATION EFFORTS 1. Are you a partner in the Richfield Community Council, Hennepin South Services Collaborative or the Children's Mental Collaborative? If so, briefly describe your involvement. 2. Describe your efforts to collaborate with other agencies including your involvement in developing and participating in these collaborations. Organizations are encouraged to contact Kathy Farris at 612-861-9754, KFarris@citvofrichfield.org with any questions and for assistance in completing grant applications. [ICompleted applications must be submitted by October 4, 200711 4 N co -.::t e I... e CI) N .c 0 (J) - (J E (J) 0 ","0 I... 0 au: .c 0- "0 I... CI) 0.2: CI) ~ C)r::: E r::: 0 =0:.;:; .c r::: "' :::::J :::::J-= (J) LL. "' Q) L() Q) > .c .~~ - (J) '= (J) :::::J Q) Q) E E 000 "0 (J) - (J Q) r::: "'- - 0 .- :::::J (J) go Q) :.;:; :::::J "' 00"0 C" (J "0 Q) ~ c. (J) Q) 0 ,~ 0. ij: 0. "' .r::: 0 C) "0 (J I... "' r::: Q) [20. E ,- - w-g (l) .... 0. 0 :::::J >- .... E :!: .r::: 0 U (J U .r::: r::: ~ 0 I... :.;:; .E "' Q) ,!:::! (J r::: '= "' C) Q) I... (J) 0 .... - 0 r::: r::: "' (J r::: 0 .- 0 :.;:; c. ~ 0. 0. CI) 'i:: <( a. (J (J) .... (J) - .. Q) 0 (J) (J Q)"O Q) Q) "' r:::.... I... - E "0 r::: O.! ","00.r:::1... z<(uo.m 5&~~ DRAFT 5 &_d 7 RICHFIELD COMMUNITY HUMAN SERVICES PLANNING COUNCIL MEETING MINUTES November 26, 2007 Present: Jo Romer; Beth Fagin; Jeanette Lofstrom; Sarah Till; Kathy Farris (staff) Approval of October 22.2007 MeetinQ Minutes The October 22, 2007 minutes were approved. 2008 Social Service FundinQ Recommendations Responses from applicants to additional questions on proposals were reviewed. The City Council will approve the 2008 City budget in December, so it is unknown at this time whether the $3,000 increase in funds for human services programs will be available. The RCHSPC approved by consensus the following two recommendations, using both the proposed 2008 level funding and the 2007 level funding. It was also agreed that Chair Jo Romer would determine grant recommendation amounts if the allocated budget amount is different from these two recommendations. Bethan Covenant-Richfield Youth Mentor Pro ram Cornerstone - Criminal Justice Intervention Program Famil & Children's Service - School Success MIRA - Pro rams, Information & Referral Services Richfield READY Senior Community Services - Senior Outreach The Storefront Group - Youth Counselin Pro ram VEAP Total 8,000 18,000 15,000 10,000 2,500 11,500 30,000 20,000 115,000 7,285 15,000 8,000 9,285 2,500 11,500 28,000 15,000 96,570 7,285 15,000 8,000 9,285 2,500 8,500 28,000 15,000 93,570 The City Council will approve 2008 human service program grant awards at the January 8, 2008 City Council meeting. 2008 Membership Jo Romer agreed to serve as RCHSPC Chair in 2008, pending reappointment on the Advisory Board on Health and as representative to the RCHSPC of that Commission. It was agreed that members with three unexcused absences during a year would no longer be on the RCHSPC and would need to be replaced by another representative. Jeanette Lofstrom indicated she will remain the representative from the League of Women Voters. Beth Fagin indicated she will remain the representative from the Richfield Community Council. Farris will inform each Commission to appoint a representative to RCHSPC for 2008. 2008 MeetinQ Schedule The RCHSPC will meet on the fourth Monday of each month, 5:30 p.m., in the Heredia Room in February, April, June, September, October and November 2008. Tentative agenda items were agreed for these meetings. Farris will distribute the Meeting Schedule to members. Next MeetinQ There is no December 2007 or January 2008 RCHSPC meeting. The next RCHSPC meeting is scheduled for Monday, February 25, 2008, 5:30 p.m., in the Heredia Room. Recording Secretary, Kathy Farris 6 56--~ City of Richfield Richfield Community Human Services Planning Council 2007 Membership Name Representation Address Phone Email James Brinker Human Rights 7601 Bloomington Ave S 612-243-3335 Jbrinker@comcast.net Commission Beth Fagin Richfield Community 6425 Nicollet Ave. S. 612-798-8174 Bfaq i n @storefront.orq Council Richfield, MN 55423 Lynda Gault Richfield Public 7001 Harriet Ave. S. 612-798-6000 lynda.qault@richfield.k12. Schools Richfield, MN 55423 mn.us Joan Heimberger HRA 6914 Park Ave. S. 612-869-8057 Joanhel m berqer@yahoo. Richfield, MN 55423 com Jeff Karr Planning Commission 7120-12th Ave. S. Jkarr1 @Fairview.orq Richfield, MN 55423 Jeanette Lofstrom League of Women 7325 5In Ave. S. 612-869-3772 lofstrom 7325@aol.com Voters Richfield, MN 55423 Jo Romer (chair) Advisory Board on 7405 Aldrich Ave. S. 612-869-5087 Jromermn@juno.com Health Richfield, MN 55423 Sarah Till Community Services 6733 Russell Ave. S. 612-866-5910 sctill@qmail.com Commission Richfield, MN 55423 Ron Wilson Arts Commission 6644 Chicago Ave. S. 612-243-1315 Ronwilson6644@yahoo.c Richfield, MN 55423 om Susan Rosenberg City Council Liaison 6633 Thomas Ave. S. 612-866-2683 Rrosenberq1 @mn.rr.com Richfield, MN 55423 Daryl Coppoletti HSSC Liaison 9801 Penn Ave. S. 952-922-5999 darvl.coppoletti@hsscmn. Bloomington, MN 55431 QI9 7 AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 5H 8 STAFF REpORT CITY COUNCIL MEETING JANUARY 8, 2008 REpORT PREPARED By: CHERYL KRUMHOLZ, EXEC. COORDINATOR NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding Council Member attendance at Council meetings. I. RECOMMENDED ACTION: By Motion: Approve the resolution regarding attendance by Council Members at Council meetings for 2008. BACKGROUND u section 205.15 0 t e ic Ie ity 0 e establishes an attendance policy for Council Members. The policy requires attendance to be taken at every regular and special meeting of the City Council and provides for the imposition of a monetary penalty for unexcused absence from a Council meeting. The policy may be annually invoked by resolution of the City Council. BASIS OF RECOMMENDATION I III. IA. POLICY . I . The Richfield City Code establishes attendance rules, which may be invoked for any calendar year by Council resolution. ALTERNATIVE RECOMMENDATION(S) I . Defer action on this item to another Council meeting. I IV. IV. ATTACHMENTS . Resolution. . City Code Subsection 205.15 PRINCIPAL PARTIES EXPECTED AT MEETING . None. I VI. 0108attendance b"H--1 RESOLUTION NO. RESOLUTION REGARDING ATTENDANCE BY COUNCIL MEMBERS AT COUNCIL MEETINGS WHEREAS, the attendance of Council Members at meetings is one of the most important duties imposed by law on members; and WHEREAS, member presence to participate in hearings, deliberations and decisions of the Council is essential to the proper discharge of the member's official duties; and WHEREAS, recognizing that it is not always possible for a member to be present at all meetings and that by reason of business demands, state of health, personal problems, vacations and other matters, occasional absences are excusable; and WHEREAS, Subsection 205.15 of the Richfield City Code establishes rules for attendance at City Council meetings that may be invoked by resolution of the Council. NOW, THEREFORE, BE IT RESOLVED, by the City of Richfield, Minnesota that the following rules apply to absences of Council Members from meetings during calendar year 2005: 1. 2. 3. 4. This resolution applies to all regular meetings of the Council, as defined in Subsection 205.01 of the Richfield City Code. This resolution also applies to duly called special business meetings of the Council. The resolution does not apply to special informational or special ceremonial meetings. Special Council meetings are those called pursuant to Subsection 205.03 of the Richfield City Code. For purposes of this resolution, special meetings are further categorized as: a) Special business meetings. Special business meetings include: Special meetings called to conduct official business of the City where the Council considers action requiring a vote of the City Council; special work study meetings; and special meetings called for the purpose of conducting a public hearing. Special informational meetings. Special informational meetings are those called for the City Council to receive information or to participate in discussion but where no official action of the City Council is taken, except that the term does not include special work study meetings or meetings called for the purpose of conducting a public hearing. Special ceremonial meetings. Special ceremonial meetings are those called for ceremonial activities but where no official action of the City Council is taken, including ribbon cuttings, community celebrations and similar activities. b) c) Any member of the Council desiring to be excused shall insofar as possible, give advance notice to the City Manager stating i) the meeting at which the member will be absent; ii) the member's reason for being absent; and iii) the member's location during the meeting. At the beginning of each regular or special business meeting, the Clerk shall call the roll. If a member is absent, the City Manager shall report any communication from the absent Council Member regarding the reason for absence. The Mayor shall request the Council Members to determine whether the absence is excusable or inexcusable. For each unexcused absence from a regular or special business meeting, the absent member shall be penalized by a fine of $25 and the Mayor, if absent, shall be penalized by a fine of $50. The fine shall be automatically deducted from the next Council Member payment unless otherwise directed by a majority of the City Council Members present. 5H- d- 5. This resolution remains in effect until December 31, 2008 unless revoked prior to that date by resolution of the City Council. This resolution supersedes Resolution No. 9877. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of January, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Richfield City Code 5/-1;, 3 205.15 (Rev. 2000) 205.15. Attendance at council meetings. Attendance of council members at meetings is one of the most important duties imposed by law on members. Member presence to participate in the hearings, delib- erations and decisions of the council is essential to the proper discharge of the member's official duties. Recognizing that it is not always possible for a member to be present at all meetings, and that by reason of business demands, state of health, personal problems, vacations and other matters occasional absences are excusable, the following rules apply to absences of council members from meetings when invoked by resolution of the council: (a) such rules shall remain in effect until the end of the calendar year during which the resolution is passed unless revoked prior to that time by resolution of the council; (b) unless excused by a majority of the city council, a member of the council may not be absent from any regular meeting or from such special meetings as the council may specifY in the resolution; ( c) for each unexcused absence from a regular or special meeting of the council each council member may be penalized by a fine of not to exceed $75, and the mayor may be penalized by a fine of an amount not to exceed $100, but the resolution may specify a lesser penalty for absence from a special meeting than a regular meeting; (d) any member of the council desiring to be excused shall insofar as possible give advance notice to the manager, stating (i) the meeting at which the member will be absent, (ii) the member's reason for being absent and, (iii) the member's location during the meeting. (Amended, Bill No. 2000-3) AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 51 9 STAFF REpORT CITY COUNCIL MEETING JANUARY 8, 2008 REpORT PREPARED By: THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: [2J~ ~ I REVIEWED BY CITY I MANAGER: I I ITEM FOR COUNCIL CONSIDERATION: Consideration of a Signal Agreement between Minnesota Department of Transportation (Mn/DOT) and the City of Richfield for three traffic signals on 76th Street. 1. RECOMMENDED ACTION: By Motion: Adopt the attached resolution to approve the Signal Agreement between Mn/DOT and the City of Richfield for three traffic signals on 76th Street. I II. BACKGROUND I The Minnesota Department of Transportation has proposed to replace the 76th Street Bridge over 1-35W in 2008. The current bridge has a low clearance that has resulted in several trucks hitting the bridge. As part of the project, the 76th Street traffic signal at the west ramp from 1-35W will need to be replaced and two other signals will be modified on 76th Street at Girard Avenue (35W east ramp) and on 76th Street at Knox Avenue. The new traffic signal will include streetlights, emergency vehicle pre-emption, interconnect with other traffic signals and signing. The attached agreement describes the responsibilities of Mn/DOT and the City of Richfield in building and maintaining the three signals. The City has energy and 0108 Signal Agreement maintenance responsibilities. The construction costs will be brought back to the Council in a separate agreement. I III. BASIS OF RECOMMENDATION I A. POLICY . The proposed agreement is consistent with the City's Comprehensive Plan to "strengthen coordinated transportation efforts with other communities in the metropolitan area." I B. eRlTICAL ISSUES I · Approval of the agreement is needed to allow Mn/DOT to advertise the 76th Street Bridge Project for bid in February 2008. [ e. FINANCIAL I . The cost of operating three traffic signals will remain the same as in the past as the number of traffic signals affected by the 76th Street Bridge will not change. I D. LEGAL I · The City Attorney has reviewed the Signal Agreement. I IV. ALTERNATIVE RECOMMENDATION(S) I · Council may choose to modify the agreement, although the agreement is similar to other signal agreements with Mn/DOT that the City has approved in the past. I V. ATTACHMENTS . Resolution . Traffic Control Signal Agreement No. 91890M. . Graphic I VI. PRlNCIPAL PARTIES EXPECTED AT MEETING . None anticipated. ~sr~ I RESOLUTION NO. RESOLUTION AUTHORIZING APPROVAL OF SIGNAL AGREEMENT NO. 91890M BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MN/DOT) AND THE CITY OF RICHFIELD FOR CONSTRUCTION AND MAINTENANCE OF THE NEW TRAFFIC SIGNAL AT 76TH STREET AND THE TRUNK HIGHWAY 35W WEST RAMP AND OF THE MODIFIED EXISTING TRAFFIC SIGNALS ON 76TH STREET AT GIRARD AVENUE (TRUNK HIGHWAY 35W EAST RAMP) AND ON 76TH STREET AT KNOX AVENUE WHEREAS, the City of Richfield wishes to improve traffic signals affected by the replacement of the 76th Street Bridge over 35W; and WHEREAS, the Minnesota Department of Transportation has prepared s traffic signal agreement that outlines the responsibilities of the Minnesota Department .of Transportation and the City of Richfield to build and maintain the new traffic signal at 76th Street and the Trunk Highway 35W West Ramp, and modified traffic signals on 76th Street at Girard Avenue and Knox Avenue. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To remove the existing traffic control signal and install a new traffic control signal with street lights, emergency vehicle pre-emption, interconnect and signing on Trunk Highway 35W West Ramp at West 76th Street, and revise the existing traffic control signals on 76th Street at Knox Avenue S. and on Trunk Highway 35W East Ramp at Girard Avenue within the corporate City limits. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of January 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 5.1- d- MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 91890M BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF RICHFIELD TO Remove the existing Traffic Control Signal and Install a new Traffic Control Signal with Street Lights, Emergency Vehicle Pre-emption, Interconnect and Signing on Trunk Highway 35W West Ramp at West 76th Street, and Revise . the existing Traffic Control Signals on West 76th Street at Knox Avenue S. and on Trunk Highway 35W East Ramp at Girard Avenue S" in the City of Richfield, Hennepin County, Minnesota. S.P. No. 2782-288 S.A.P. No. 157-010-006 Prepared by Metropolitan District Traffic Engineering ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED NONE None Otherwise Covered -1- 91890M 5]:-3 PARTIES THIS AGREEMENT is entered into by the Minnesota Department of Transportation, (State), and the City of Richfield, (City). RECITALS Minnesota Statutes Section 161.20 authorizes the Commissioner of Transportation to enter into agreements with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway system. The parties desire to remove the existing traffic control signal and install a new traffic control signal with street lights, emergency vehicle pre-emption, interconnect and signing on Trunk Highway 35W West Ramp at West 76th Street (Traffic Control Signal), and revise the existing Traffic Control Signals on West 76th Street at Knox Avenue S. (Revise System "A"), and on Trunk Highway 35W East Ramp at Girard Avenue S. (Revise System "B") . The City requests and the State agrees to the installation of an Emergency Vehicle Pre-emption System (EVP System), as a part of the new Traffic Control Signal installation on Trunk Highway 35W West Ramp at West 76th Street. Emergency Vehicle Pre-emption Systems at existing Traffic -2- 91890M 5.1 - Lf Control Signals on West 76th Street at Knox Avenue S., and on Trunk Highway 35W East Ramp at Girard Avenue S. have been previously installed. It is considered in the public's best interest for the State to provide one new traffic control signal cabinet with control equipment and one master controller (State Furnished Materials), to operate the new Traffic Control Signals. The City and the State will participate in the maintenance and operation of the new and revised Traffic Control Signals, and new and existing EVP Systems. CONTRACT 1. The State will prepare the necessary plan, specifications and proposal; (Preliminary Engineering). The State will also perform all necessary construction inspection, (Construction Engineering) . 2. The Cost of Construction (Construction Cost) consists of the contract cost of the work or, if the work lS not contracted,the actual cost of all labor, materials, and equipment rental required to complete the work. Construction Cost does not include the cost of providing the power supply to the service pole or pad. 3. The State, with its own resources or by contract, will remove the existing traffic control signal and install a new traffic control signal with street lights, emergency vehicle pre-emption, interconnect and signing on Trunk Highway 35W West Ramp at West 76th Street (Traffic Control Signal), and revise the -3- 91890M -"' 5.J/s existing Traffic Control Signals on West 76th Street at Knox Avenue S. (Revise System UA"), and on Trunk Highway 35W East Ramp at Girard Avenue S. (Revise System UB"), pursuant to the plans and specifications for State Project No. 2782-288 and State Aid Project No. 157-010-006. The cost participation for the new and revised Traffic Control Signals, and new EVP System pay items (including State Furnished Materials) for this project will be covered in Municipal Agreement No. 92182-R, between the City and the State. 5. The City, for the new Traffic Control Signal and the revised Traffic Control Signal (Revise System UB"), will be responsible for the cost and application to secure an adequate power supply to the service poles or pads. Upon completion of this project, the City will thereafter pay all monthly electrical service expenses necessary to operate the new and revised Traffic Control Signals, and new and existing EVP Systems. 6. Upon completion of this project, the responsibility for the new Traffic Control Signal and the revised Traffic Control Signal (Revise System UB") is as follows: The City will, at its cost and expense, (1) relamp the new and existing traffic control signals and street lights; (2) clean the new and existing controller and service cabinets; (3) clean and paint the new and existing signals and luminaire mast arm extensions; (4) maintain the new and existing luminaires and all their components, including replacement of the luminaire if necessary; and the State will, at its cost and -4- 91890M 5 J~ to expense, maintain the signing and interconnect and perform all other traffic control signal and street light maintenance, which all is to be performed by the City on a reimbursable basis. Painting will be in accordance with Mn/DOT Standard Specification 2565.3T, unless approved by the State's District Traffic Engineer. 7. Upon completion of this project, the City will, maintain the Revised System ~A" Traffic Control Signal, including timing, all at its cost and expense. 8. The EVP Systems will be installed, operated, maintained, or removed in accordance with the following conditions and requirements: a) It shall be the State's responsibility, at its cost and expense, to maintain the new and Revised System ~B" EVP Systems, which is to be performed by the City on a reimbursable basis. b) It shall be the City's responsibility, at its cost and expense, to maintain the Revised System ~A" EVP System. c) Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes Section 169.01, Subdivision 5. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will provide the State's Metropolitan District -5- 91890M ,V '-"r '~7 ~~c Engineer or his/her designated representative a list of all vehicles with emitter units for the new and Revised System "BII EVP Systems, upon request. c) Malfunction of the EVP Systems must be reported to the City immediately.- d) In the event the new and/or Revised System "BII EVP System(s) or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after the City receives written notice from the State, the State may remove the EVP System(s). Upon removal of the EVP System(s) pursuant to this Paragraph, all of its parts and components become the property of the State. e) All timing of the EVP Systems will be determined by the City's Traffic Engineer. 9. The City will maintain and keep in repair the new and Revised System "BII Traffic Control Signals and EVP Systems. The City will operate the Traffic Control Signals and EVP Systems, including timing, as specified in Paragraphs 6 and 8. The City will defend and indemnify the State from any claims arising out of the performance or non-performance of the City's obligations under this paragraph. -6- 91890M h~- '-'-1- () J ~ 0 10. The City will invoice the State annually for the actual costs it incurs in maintaining and keeping in good repair the Traffic Control Signals and EVP Systems! as specified In Paragraphs 6 and 8 excluding the following: Relamping the new and existing traffic control signals and street lights; cleaning the new and existing controller and service cabinets; cleaning and painting the new and.existing signals and luminaire mast arm extensions; and maintaining the new and existing luminaires and all their components! including replacement of the luminaire if necessary! assigned to the City by this Agreement. The invoice must be submitted to the State's Metropolitan Traffic Engineering Section-Electrical Services Unit. The invoice must include a detailed itemization of costs and be signed by a responsible City official! attesting to the validity of the expenses. Subject to State's approval of the expenses and encumbrance of funds! the State will promptly pay the invoice. The invoice! and any supporting documents are subject to audit by proper State officials! for a minimum of six years. 11. All timing of the new and existing Traffic Control Signals will be determined by the City's Traffic Engineer. 12. Each party will be solely responsible for its own acts and omissions! and the results thereof! to the extent authorized by law. The State's liability is governed by the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736 and the City's liability is governed by MSS Chapter 466. Each party -7- 91890M 5~9 will be solely responsible for its own employees for any Workers Compensation Claims. 13. The State or the City may terminate the terms and conditions covering maintenance and operation contained in Paragraphs 6, 8, 9, and 10, upon providing 30 days notice to the other parties. The City's termination must be accomplished by a resolution of the City Council. The State's termination must be accomplished by a letter from Mn/DOT's Metropolitan District Engineer or his/her designated representative. Upon termination, responsibility for the new Traffic Control Signal and Revised System ~B" Traffic Control Signal and EVP Systems will be as follows: The City will, at its cost and expense: (1) relamp the new Traffic Control Signal and Revised System ~B" Traffic Control Signal and street lights; (2) clean the new and existing controller and service cabinets; (3) clean and paint the new and existing signals and luminaire mast arm extensions; (4) maintain the new and existing luminaires and all their components, including replacement of the luminaire if necessary; and (5) continue to pay all monthly electrical service expenses necessary to operate the new Traffic Control Signal and Revised System ~B" Traffic Control Signal and EVP Systems; and The State will, at its cost and expense, maintain the EVP Systems, signing and interconnect and perform all other traffic control signal and street light maintenance. In addition, all timing of the new Traffic Control Signal and Revised System ~B" Traffic Control Signal and EVP Systems will be determined by the State, -8- 91890M 5 J~ lO and no changes may be made except with the approval of the State. 14. Upon execution and approval by the City and the State, this agreement will supersede and terminate Agreement No. 86781M, dated October 11, 2004 regarding the Traffic Control Signal on Trunk Highway 35W at 76th Street in Richfield, Hennepin County, between the City and the State. 15. Any amendment to this Agreement must be in. writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 16. If either party fails to enforce any provisions of this Agreement, that failure does not waive the provision or its right to enforce it. 17. This Agreement contains all negotiations and agreements between the parties relative to this project. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 18. Minnesota law governs this contract. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 19. This Agreement is effective on the date the State obtains all required signatures under Minnesota Statutes 16C.05, Subdivision 2, and will remain in effect until terminated by written agreement of the parties. -9- 91890M 51-II 20. Authorized Agents a. The State's Authorized Agent for the purpose of the administration of this Agreement is Allan Espinoza, Metropolitan Traffic Design Services, or his successor. His current address and phone number are 1500 West County Rd. B2, Roseville, MN 55113, (651)234- 7812. b. The City's Authorized Agent for the purpose of the administration of this Agreement is Tom Foley, City of Richfield Transportation Engineer, or his successor. His current address and phone number are 6700 Portland Avenue S., Richfield, MN (612) 861-9791. -10- 91890M 51>- / d- CITY OF RICHFIELD By: Mayor Debbie Goettel Date: By: Steven Devich Title: City Manager Date: DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: Approved: By: State Design Engineer Metropolitan District Engineer Date: COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division APPROVED AS TO FORM AND EXECUTION: By: By: Contract Management Date: Date: -11- 91890M 5 I.- J 3 Knox Ave. Girard Ave. E9E11I; ca JJ s:: CD o' :::l ::::J 3: 0 a. CD' 0 a. .-+ -....J 0) r-+ ::r en ~ ~z -..J en ... :::r en ... -t (I) (I) ... en cC. ~ -0) - :J> (Q. -t (I) (I) 3 (I) ~ ... AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 5J 10 STAFF REpORT CITY COUNCIL MEETING JANUARY 8, 2008 REpORT PREPARED By: CHERYL KRUMHOLZ, EXEC. COORDINATOR. NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a designation of an Acting City Manager for 2008. I. RECOMMENDED ACTION: By Motion: Direct the City Manager to designate an available Department Director or the Assistant to the City Manager as Acting City Manager for 2008 in the event the City Manager is absent from the City. I II. BACKGROUND I It is necessary to designate a person to serve as the Acting City Manager for those times when the City Manager is absent from the City. In 2007, the City Manager designated various Department Directors or the Assistant to the City Manager as Acting City Manager. I III. BASIS OF RECOMMENDATION I I A. POLICY I . Past practice has been for the City Council to designate an Acting City Manager for times when the City Manager is absent from the City. . In 2007, the City Manager designated various Department Directors or the Assistant to the City Manager as Acting City Manager. 0108actingcitymanager I B. CRITICAL ISSUES I . It is necessary to designate a person to serve as the Acting City Manager to ensure continuation of City operations during an absence of the Manager. I IV. ALTERNATIVE RECOMMENDATION(S) I . Defer this designation to another Council meeting IV. PRINCIPAL PARTIES EXPECTED AT MEETING . None. AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 5K 11 STAFF REpORT CITY COUNCIL MEETING JANUARY 8, 2008 I I I REpORT PREPARED By: I ! ; I I COUNCIL PRESENTER: I ROBERT HINTGEN, ASSISTANT UTILITIES SUPERINTENDENT NAME, TITLE DEPARTMENT DIRECTOR I REVIEW: i I REVIEWED BY CITY I MANAGER: 13/ Ii ITEM FOR COUNCIL CONSIDERATION: Consideration of extending the current agreement with Malecha Trucking for lime residual disposal for the year 2008 in the base amount of $ 49,005.00 plus a Fuel Escalation Clause. I. RECOMMENDED ACTION: By Motion: Approve an extension (second addendum) of the current agreement with Malecha Trucking for lime residual disposal for the year 2008 in the amount of $49,005.00 plus a Fuel Escalation Clause. I II. BACKGROUND I As part of the lime softening process a lime residual is produced. This lime residual is trucked away for disposal. Each year roughly 4,500 cubic yards of lime residual is produced. On November 23, 2004 the Council awarded a two-year agreement to Malecha Trucking with an option to extend the agreement the following year. On November 14, 2006 Council approved an extension to the Agreement (First Addendum) for the year 2007 for $49,005.00. Part of their contract included a clause stating the contract could be extended for one year at the same price upon mutual consent of both parties. Both parties are in agreement to this extension with the addition of a fuel escalation clause (Second Addendum). 0108081ime residual I III. BASIS OF RECOMMENDATION I I A. POLICY I . City Council awarded Malecha Trucking a two-year contract on November 23, 2004 with the option of extending the contract for another year. . City Council awarded Malecha Trucking the extension for 2007 (Addendum One) on November 14,2006 with the option of extending the contract for 2008. I B. CRITICAL ISSUES I . It is necessary to remove and dispose the lime residual from the dewatering presses. . Malecha Trucking has honored all requirements of the existing contract. I C. FINANCIAL I . There is $70,400.00 in the approved 2008 budget for the disposal of the lime residual. I D. LEGAL I . When the purchase of materials, merchandise, equipment or construction exceeds $25,000, authority to purchase shall be submitted to the City Council for consideration. . The City Attorney drafted the Second Addendum and will be at the Council Meeting to answer any questions. I IV. ALTERNATIVE RECOMMENDATION(S) I . Council may reject the contract extension and direct staff to re-advertise: however, staff does not believe we can obtain a better price from another contractor. I V. ATTACHMENTS . Second Addendum I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None 5K-/ SECOND ADDENDUM TO LIME RESIDUAL DISPOSAL AGREEMENT THIS SECOND ADDENDUM TO LIME RESIDUAL DISPOSAL AGREEMENT is entered into on this 8th day of January, 2008, by and between the City of Richfield ("City") and Malecha Trucking ("Contractor"). WITNESSETH: WHEREAS, City and Contractor entered into that certain Lime Residual Disposal Agreement ("Agreement"), dated November 23, 2004, contract no. 2678, which is incorporated herein and made a part hereof by reference; WHEREAS, City and Contractor entered into a first addendum to the Agreement ("First Addendum"), dated November 14, 2006, which is incorporated herein and made a part hereof by reference; WHEREAS, the First Addendum allowed an extension the Agreement for one year for the year 2007 and an Agreement amount of $49,005.00; WHEREAS, City and Contractor desire to amend certain provisions in the Ag reement; WHEREAS, City and Contractor desire to extend the Agreement for one more year, and WHEREAS, City and Contractor dE:}sire to add a fuel escalation clause to the Agreement. NOW, THEREFORE, the Agreement is hereby amended as follows: 1. dollars. The contract price shall be FORTY-NINE THOUSAND FIVE ($49,005.00) 2. The Agreement shall be extended for one year, from January 1, 2008 to December 31 , 2008. 3. The Agreement shall include a fuel escalation clause as follows: Fuel Escalation Clause: This clause provides compensation adjustments in the cost of diesel motor fuel used by Contractor for transport of the lime residuals. Fuel Cost Adjustment shall be applied to payments for work performed by Contractor under the terms of this Agreement. A. The Base Fuel Price (BFP) for diesel fuel shall be the retail price of diesel fuel as published by the United States Department of Energy for the Midwest Area. The base fuel price shall be $2.096/gallon. The BFP may be accessed at www.eia.doe.gov or on the United Stated Department of Energy Fuel Price Hotline at 202-586-6966. 5 k.- d- B. . The Current Fuel Price (CFP) shall be based on the retail diesel price of fuel as published by the United States Department of Energy for the Midwest Area. The CFP may be accessed at www.eia.doe.gov or on the United Stated Department of Energy Fuel Price Hotline at 202-586-6966. The CFP shall be established by the Contractor on the first Monday of each month of the Agreement and shall be in effect for the following month. C. The Contractor shall compute the Fuel Adjusted Price (FAP) for each month of the Agreement as follows: Bid Contract Price + [(0.20)(Bid Contract Price)(CFP-BFP)l = FAP BFP D. The FAP shall be utilized as the basis for payment beginning January 1, 2008 and adjusted on a monthly basis as required above. 4. City and Contractor ratify and affirm the Agreement, and the First Addendum, and confirm revisions to the Agreement and First Addendum as provided in this Second Addendum. Except as amended herein, all terms, conditions, provisions, covenants and agreements contained in the Agreement and First Addendum are hereby ratified and confirmed in their entirety. The terms used herein and not otherwise defined in this Second Addendum shall have the same meaning as set forth in the Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first above written. CITY: City of Richfield By: Name: Debbie Goettel Title: Mayor By: Name: Steven Devich Title: City Manager Attest: Nancy Gibbs, City Clerk CONTRACTOR: Malecha Trucking By: Name: Title: AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 5L 12 STAFF REpORT CITY COUNCIL MEETING JANUARY 8, 2008 REpORT PREPARED By: BRIAN YOUNG, UTILITY SUPERINTENDENT NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: [9/ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the purchase of a trailer-mounted pump for the Utilities Division. 1. RECOMMENDED ACTION: By Motion: Approve the purchase of a 2007 Multiquip Instaprime MP200DSM trailer-mounted by-pass pump for the Utilities Division in the amount of $40,018.65. I II. BACKGROUND I The 2007 Wastewater Budget included the purchase of a by-pass pump. Some examples of the uses for the pump are listed below: . As an emergency back-up for one of the nine sanitary or stormwater lift stations. . As a temporary pump when one of the lift stations isin need of maintenance and must be temporarily shut down. . A City pond needs to be de-watered for dredging. . An emergency flooding situation occurs, i.e., excessive rainfall. When these situations occur, the only option the City has at this time is to rent a pump. This is not only expensive and time consuming but creates a problem when 010808pump other cities are in the same situation (such as flooding) and in need of the same equipment at the same time. Since the estimated cost of the work was less than $50,000.00, the formal bidding process was not required. Two quotes were obtained; one from Multiquip at $44,310.40 and the other from Flexible Pipe Tool Company at $40,018.65. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The City can contract up to $50,000.00 by obtaining quotations . The lowest quote was from Flexible Pipe Tool Company at $40,018.65. I B. CRITICAL ISSUES I . Approval at the January 8th Council Meeting will facilitate delivery of the new pump. I C. FINANCIAL I . The approved 2007 budget contains $35,000 for the by-pass pump expenditure (line item 52000-7400). . Obtaining the necessary information to move forward with the purchase took longer than expected, so the purchase was delayed until 2008. This purchase will be put into the 2008-revised budget for the revised amount. I D. LEGAL I . All contracts or purchases in excess of $25,000 require Council approval. I IV. ALTERNATIVE RECOMMENDATION(S) I . Council may choose to reject all quotations and direct staff to obtain more quotations, however, staff does not believe we can obtain a better price from a reputable contractor. I V. ATTACHMENTS . None. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None AGENDA SECTION: AGENDA ITEM # REpORT # OTHER BUSINESS 7 13 STAFF REpORT CITY COUNCIL MEETING JANUARY 8, 2008 I REpORT PREPARED By: THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: I~l~ REVIEWED BY CITY MANAGER: ct ITEM FOR COUNCIL CONSIDERATION: Consideration of adopting a new Neighborhood Stop Sign Policy., 1. RECOMMENDED ACTION: By Motion: Approve the attached new Neighborhood Stop Sign Policy. I II. BACKGROUND I The Transportation Commission has studied the possibility of a new Neighborhood Stop Sign Policy for the past two years. The current policy is reactive in nature to requests by residents and focused on isolated intersections. The proposed new policy provides for a consistent application of stop signs on a neighborhood-wide basis. The proposed policy will be discussed at the January 8, 2008 Council Worksession by members of the Transportation Commission. Attachments to the Council Memo on the proposed new Neighborhood Stop Sign Policy provide background information for Council review. If approved by Council, the new policy would be implemented over a three-year period. 0108 Stop Sign Policy I III. BASIS OF RECOMMENDATION I I A. POLICY I . The City has an existing Residential Stop Sign Policy that was reviewed by the Transportation Commission for possible revision. I B. CRITICAL ISSUES I . The proposed new policy emphasizes a consistent application of stop signs on a neighborhood by neighborhood basis. I C. FINANCIAL I . To implement the new policy over the next three years will cost $10,000 per year. The Public Works 2008 budget includes this cost. I D. LEGAL I . The City has the authority to adopt a traffic control policy that is based on sound engineering and factual data. I IV. ALTERNATIVE RECOMMENDATION(S) I . Council can choose to modify the proposed Stop Sign Policy. . Council can choose to retain the existing Stop Sign Policy. . Council can choose to adopt a Basket Weave Stop Sign pattern as its new Residential Stop Sign Policy. I V. ATTACHMENTS I . Proposed Neighborhood Stop Sign Policy I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I . Members of the Richfield Transportation Commission '7-1 CITY OF RICHFIELD PROPOSED NEW RESIDENTIAL STOP SIGN POLICY FOR TWO-WAY STOP SIGNS Purpose: The purpose of the residential stop sign policy is to provide fair and uniform treatment of stop signs in residential areas by the Richfield Traffic Control Committee. This policy differs from the current policy in that it is proactive and provides for safer transportation within the City by assigning right or way at all resIdential intersections. 1. Two-way stop signs will be installed on all residential streets in such a way as to create sub-COllector' streets. The new policy may take several years to implement. Studies in Richfield and elsewhere have shown that . Stop-controlled residential intersections have reduced crash rates. . Existing sub-collectors have substantially lower crash rates while maintaining comparable speeds. . Sub-collectors avoid the added noise and air pollution associated with basket weave stop signs. . . . Stop signs do not control speeding beyond 200 feet or the stoP. sign. 2. Uncontrolled intersections will be converted to two-way stop control on a neighborhood by neighborhood basis. 3. The placement of stop signs will create sub-collector streets by controlling traffic on alHhe cross streets. In most cases, east-west streets will not have stop signs while norJ1-sout,h~treets will be controlle~by two-waystop signs. This arrangement will discourage drivers from using the local residential roadways, where the majority of houses front, as through streets. . 4. The Engineering staff will prepare a stop sign plan for each neighborhood. The plan will be submitted to the neighborhood for review and comment before sign installation begins. Modifications to the sub-collector pattern may be rnade to accommodate bike routes, school bus routes and other relevant ractors. 5. The Transportation Commission will review all staff requests for stop sign removal and rnakerecomrnendations to the City Council. As in the previous policy, the City Council will remain responsible for the removal. of stop signs. 6. The previous stop sign policy will remain in effect for a neighborhood untrJ it is converted to the new policy. Neighborhoods will be considered for stop signs based on boundaries shown on the attached map. T The area north of The Best BllY Campus will remain in a Basket Weave stop sign .pattern. This neighborhood is bounded by 76th Street, Penn Avenue, 66th Street and 35W. ' 1 Sub-collector _ the sub-collector classification of-roadway is designated tbdistribute traffic from the minor arterials and collector streets to the locaL residential roadways where the majority of houses race. Conversely, sub-collectors connect t'le smaller access streets and residences to the higher volume streets whlie discouraging traffic from traveling long distances on the local residential roadways. TRAFFIC<STOPSIGN> AGENDA SECTION: OTITF.R RTI~TNR~~ AGENDA ITEM # R REpORT # 1 4 STAFF REpORT CITY COUNCIL MEETING JANUARY 8, 2008 REpORT PREPARED By: DERICK ANDERSON, CIVIL ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of aWard of contract for the Portland Avenue and 66th Street Improvement Proiect. 1. RECOMMENDED ACTION: By Motion: Accept the bid minutes/tabulation and award contract to Shafer Contracting, Inc. in the amount of $2,449,351.74 for the Portland Avenue and 66th Street Improvement Project. I II. BACKGROUND I The 66th Street and Portland Avenue intersection has long been identified as needing improvement and has one of the highest accident rates in Hennepin County. Following an extended public involvement process, the Transportation Commission recommended and the City Council approved, a roundabout with bus pullouts and a pedestrian crosswalk signal at Park Avenue. Bids for work to be performed under City direction were opened on December 17, 2007. Shafer Contracting Inc. was the lowest responsible bidder (bid tabulations are attached). 0108PortlandRoundabout I III. BASIS OF RECOMMENDATION IA. POLICY I . The reconstruction of 66ttJ Street and Portland Avenue has been identified as a priority in the City's Comprehensive Plan. . Council approval is required for expenditures over $25,000. lB. CRITICAL ISSUES I . This intersection has been identified as one of the most dangerous intersections in Hennepin County based on crash rate, severity, and cost. I c. FINANCIAL I · Seventeen bids were received for construction; the low bid was $2,449,351.74. The engineers estimate was $2,604,594, so the project is within the expected budget estimates. . Funding will be primarily provided by Federal, Hennepin County and Municipal State Aid (Gas Tax) funding. ID. UGAL I · All contracts over $50,000 require sealed bids to be solicited by public notice. I IV. ALTERNATIVE RECOMMENDATION(S) I . Council could postpone the award of the contract. I V. ATTACHMENTS . Project layout. . Bid minutes and tabulation. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None anticipated. ~ fl " :::0 CO) ;;;;r :::::h CD c... s:; ~ ~ CD en o or ~ ~ , i' 'II~ ! il!ID~~ , Ii ~I ~ t ~ 1Oi"! ~ iHI ~ l~~ ! ~hl en en - ::r en - ca ~ po .." o ;:l- ii" :::I CL ~ CD :::I C CD :::I - CD UJ CD a o. :::I r- IU '< o c - ,"I I :cC"1 ' ;fl~1 91 !'=:j : 1;1 1;;:11 'u j-< j ,__L: 4J 0 ~~Q"'tl~~~ ~~itiiii ~ gar- a ~ ~ Q III It ~ l;; .a I !a ..... " .g a IQ Vl ~ ::0 f~ il ~ :: ~ ~ ~- d.- CITY OF RICHFIELD, MINNESOTA Bid Opening December 17, 2007 3:00 p.m. 66th Street & Portland Avenue Final Design Bid No. 07-47 Pursuant to requirements of Resolution No.1 015, 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 66th Street & Portland Avenue Final Design, as advertised in the official newspaper on November 15,22, & 29,2007, and the Construction Bulletin on November 19 & 26,2007 and December 3,2007. Present: Nancy Gibbs, City Clerk Cheryl Krumholz, City Manager Representative Kristin Asher, Assistant City Engineer The following bids were submitted and read aloud: Contractor Rec Add CM 32-34 Non- MNIDOT 21816 Grand Total #1,#2,#3 Collusion (Bid Bond) Amt Construction ~ ~ ~ ~ Company $2,797,452.76 C. S. McCrossan ~ ~ ~ ~ $3,290,041.28 Construction, Inc. Eureka Construction, Inc. ~ ~ ~ ~ $2,533,632.30 Hardrives, Inc. - Rogers ~ ~ ~ ~ $2,789,102.72 Landwehr Construction, ~ ~ ~ ~ $2,725,422.49 Inc. Max Steninger, Inc. ~ ~ ~ " $2,484,034.72 McNamara Contracting, ~ " ~ ~ $2,767,969.11 I Inc. ~ Contractor Rec Add CM 32-34 Non- MNIDOT 21816 Grand Total #1,#2,#3 Collusion (Bid Bond) Midwest Asphalt ~ ~ ~ ~ $3,041,591.58 Corporation Northwest Asphalt, Inc. ~ ~ ~ ~ $2,823,305.02 Park Construction ~ ~ ~ ~ $2,633,090.21 Company - Hampton Pember Companies, Inc. ~ ~ ~ ~ $2,811,202.04 Progressive Contractors, ~ ~ ~ ~ $2,801,515.62 Inc. (PCI) S. M. Hentges & Sons, ~ ~ ~ ~ $2,887,410.00 Inc. Shafer Contracting, Inc. ~ ~ ~ ~ $2,449,351.74 Thomas & Sons ~ ~ ~ ~ $2,956,528.70 Construction, Inc. Valley Paving - ~ ~ ~ ~ $2,623,002.83 Shakopee Veit & Company, Inc. ~ ~ ~ ~ $2,578,419.57 21-- 3 The City Clerk announced that the bids would be tabulated and considered at the January 8, 2008 City Council Meeting. Nancy Gibbs City Clerk AGENDA SECTION: AGENDA ITEM # REpORT # OTHER BUSINESS 9 15 STAFF REpORT CITY COUNCIL MEETING JANUARY 8, 2008 REpORT PREPARED By: KRISTIN ASHER, ASSISTANT CITY ENGINEER NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: DEPARTMENT DIRECTOR REVIEW: E]/ ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract for the Richfield Lake Water Quality Improvement and Restoration Project and authorization to hire WSB & Associates to provide construction inspection services required to complete the project. 1. RECOMMENDED ACTION: By Motion: . Accept the bid minutes/tabulation and award contract to Veit and Company, Inc. in the amount of $982,496.44 for the Richfield lake Water Quality Project, and . Approve the purchase of engineering services from WSB & Associates to provide construction oversight services required to complete the project. I II. BACKGROUND I The City of Richfield has had the improvements at Richfield Lake in its Capital Improvement Plan since 2001. Today this Capital Improvement includes the southern half of the pond, the portion that the Minnesota Department of Transportation's (Mn/DOT's) project does not upgrade. Historically, the southern portion has been subject to high water levels that put the walking trail under water. 0108RichfieldLake This project will construct a perimeter treatment system along the southern portion of the pond meeting up to Mn/DOT's project limits, as well as raise the path approximately two feet to provide a dry pavement for trail users. If the southern portion of the project is not completed, storm water draining from the City streets would continue to run directly into the main body of the lake limiting the level of the water quality improvement that could be achieved for the main body of the lake. At the August 14, 2007 Council Meeting, the City Council approved the plans for the Richfield Lake Water Quality Improvement Project and authorized staff to advertise for bids. The contract to be awarded is for both the City's and Mn/DOT's portion of the project. The Council has approved a Cooperative Agreement between the City and Mn/DOT allowing for the City to be reimbursed for the costs associated with the State's portion. I III. BASIS OF RECOMMENDATION I I A. POLICY I . Regional ponding of surface water runoff is consistent with Richfield's Comprehensive Surface Water Management Plan. . Council approval is required for expenditures over $25,000. I B. CRITICAL ISSUES I . The project must begin in January 2008 to assure successful completion this year. If the award is delayed, the City may have to delay their portion of the project until an undetermined time. . WSB and Associates serves as the City's storm water engineer and has been involved with this project since the 1990s. I C. FINANCIAL I . 14 bids were received for construction; the low bid was $982,496.44. The engineers estimate was $1,491,161, so the project is within the expected budget estimates. . The total estimated cost for the construction administration is $129,900 to be paid on an hourly basis. . The Storm Water Utility Fund bond sale in 2006 will be the funding source for the City's portion of the project ($650,000 in the 2007 Capital Improvement Budget). Mn/DOT will reimburse the City through a Cooperative Agreement for their portion of the project (estimated construction cost $990,687.36). I D. LEGAL I . Pursuant to the City Charter a transitory ordinance was approved by Council on July 11, 2006 for the project because the estimated project cost exceeded $500,000. . WSB & Associates is included in the City's engineering consultant pool and this work would be completed as a work order. I IV. ALTERNATIVE RECOMMENDATION(S) I · The Council may reject all bids and choose not to construct the improvements at this time, however, the City is obligated to construct Mn/DOT's portion of the project prior to Summer 2008. I V. ATTACHMENTS . Project Layout. · Bid minutes and tabulation. · WSB Work Plan for construction inspection services. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None anticipated. l :~ -.If .... a ~ ("} ~ - tr: B ~ - ~ o -< ~ ~ Z ~ ;g e tr: n ~ q~d- CITY OF RICHFIELD, MINNESOTA Bid Opening January 2, 2008 2:00 p.m. Richfield Lake Improvement Project Bid No. 07-44 Pursuant to the 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 Richfield Lake Improvement Project, as advertised in the official newspaper on December 20 & 27, 2007, and the Construction Bulletin on December 17 & 24, 2007. Present: Nancy Gibbs, City Clerk Cheryl Krumholz, City Manager Representative Kristin Asher, Assistant City Engineer The following bids were submitted and read aloud: Contractor Bid Bond Addendums Item #26 Grand Total 5% 1&2 Ames Construction ItI ItI $ 40,000.00 $ 1,211,406.44 Carl Bolander & Sons ItI ItI $ 56,000.00 $ 1,618,238.60 Doboszenski & Sons, ItI ItI $ 247,800.00 $ 1,420,698.45 Inc. Eureka Construction ItI ItI $ 28,000.00 $ 1,398,849.03 Imperial Developers ItI ItI $ 73,320.00 $ 1,286,880.20 Kimball Excavating, Inc. ItI ItI $ 80,000.00 $ 1,346,670.00 Landwehr Construction, ItI ItI $ 44,000.00 $ 1,099,866.51 Inc. Contractor Bid Bond Addendums Item #26 Grand Total 5% 1&2 Minger Construction, Inc. ~ ~ $ 61,200.00 $ 1,094,46428 Nadeau Excavating, Inc. ~ ~ $ 48,000.00 $ 1,281,608.20 North Pine Aggregate, ~ ~ $ 30,000.00 $ 1,333,923.60 Inc. Park Construction ~ ~ $ 80,400.00 $ 1,141,150.27 Company Rachel Contracting ~ ~ $ 36,000.00 $ 1 ,118,457.11 Shafer Contracting, Inc. ~ ~ $ 61,000.00 $ 1,193,395.42 Veit & Company, Inc. ~ ~ $ 23,600.00 $ 982,496.44 q~3 The City Clerk announced that the bids would be tabulated and considered at the January 8, 2008 City Council Meeting. Nancy Gibbs City Clerk ~ WSB q--tf & Associates, Inc. Infrastructure I Engineering I Planning I Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 January 2, 2008 Kristin Asher City of Richfield 6700 Portland Avenue Richfield, MN 55423 Re: Richfield Lake Improvement Project Construction Services WSB Project No. 1532-10 Dear Ms. Asher: As a follow-up to our conversation last week, we are providing you this work plan to perform construction services associated with the Richfield Lake Water Quality Improvement Project. As part of providing these construction services, WSB anticipates completing the following tasks as described below: Task 1: Shop Drawing Review $4,400 Shop drawings provided by the Contractor will be reviewed for general conformance with the project's plans and specifications. It is anticipated a significant portion of this work will be associated with shop drawing review of the three bridges and associated abutments. Comments based on the review will be provided to the City and the Contractor for their consideration. Task 2: Construction Staking $9,600 Construction staking will be provided for the following: . Provide top of slope stakes for excavation limits. . Delineate clearing and grubbing limits. . Identify location of silt fence. . Stake alignment and profile for trail. . Provide construction staking for culverts, storm sewer, bridges, perimeter conveyance system, and other structures related to the project. Task 3: Field Engineering $12,300 Field engineering will be provided on an hourly reimbursable basis and will include the following: . Addressing requests for information from the contractor and the City throughout construction. . Attending the bi-weekly construction meetings for the project. . Calculating the plan quantity for excavation once actual elevations of the pond bottom have been determined. . Coordinating responses to permitting issues that may arise. Task 4: Field Observation $94,400 Field Observation will be provided on an hourly reimbursable basis and will include the following: . Providing on-site observation to provide reasonable assurance that all elements of the project are constructed in conformance with the plans and specifications. . Track quantities and develop partial pay requests for contractor during construction. Minneapolis I St. Cloud Equal Opportunity Employer KiO} 330-{j5':AdJlli!l'~Do('s\I_TH-s(II/(len()II-1 } J 907.do( Kristin Asher January 2, 2008 Page 2 n - '-'I ,- fJ . Provide specific follow-up associated with payment and removal of deleterious materials found in selected areas of the project. It is anticipated an additional observer may be needed during the time this special excavation work is being completed. Provide observation relating to satisfactory installation of bridge abutments and performing associated material testing related to this work. Provide direction to contractor regarding limits to clearing and grubbing as well as areas where trees need to be protected. Other duties as identified during construction. . . . Task 5: Public Involvement $4,800 As part of this task, WSB staff will develop newsletters for periodic distribution and communicate activities related to the project with directly affected residents. This activity will include distributing mailings, taking phone calls, and following up on issues that may come up that would affect residents impacted by the project. Task 6: Record Plan Drawings $4,400 Develop record plan drawings associated with construction for this project. This task includes performing a field survey once work has been completed to document the location and elevation of the improvements. Notes provided by the Contractor, City, and construction observer, as well as survey data, will be used to create Record Plan Drawings for the completed project. Cost Estimate We propose to complete the work outlined above on an hourly reimbursable basis. We anticipate this work can be completed for a cost estimated of $129,900. This is based on construction beginning the third week of January 2008 and being completed no later than June 30, 2008. We appreciate the opportunity to provide you with this work plan and look forward to working with you. If you have any questions about this scope of work, please call me at 763-287-7188. Sincerely, WSB & Associates, fllc. ~~'\:? W~~ Peter R. Willenbring, PE Project Manager cc: Steve Ische, WSB & Associates, Inc. Mike Malszycki, WSB & Associates, Inc. sm ACCEPTED BY: Kristin Asher, PE City of Richfield Date K,Of33IJ-IJ5v1dm!lIiDoCSiL7R-salldcrsoll-1 I lY07.doc AGENDA SECTION: AGENDA ITEM # REpORT # OTHER BUSINESS 10 16 STAFF REpORT CITY COUNCIL MEETING JANUARY 8, 2008 REpORT PREPARED By: CHERYL KRUMHOLZ, EXEC. COORDINATOR NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: rvI ITEM FOR COUNCIL CONSIDERATION: Consideration of the designation of Mayor Pro Tempore for 2008. I. RECOMMENDED ACTION: By Motion: City Council designation of Mayor Pro Tempore for 2008. I II. BACKGROUND I It is necessary to designate a City Council Member to serve as the Mayor Pro Tempore for those times when the Mayor is absent from the City. City Council Member-at-Large Suzanne Sandahl served as Mayor Pro Tempore for 2007. I III. BASIS OF RECOMMENDATION I I A. POLICY I . Each year the City Council designates a Council Member to serve as the Mayor Pro Tempore. lB. CRITICALISSUES I . It is necessary to designate a Mayor Pro Tempore to ensure continuation of City operations during an absence of the Mayor. I IV. ALTERNATIVE RECOMMENDATION(S) I . Defer the designation to a future Council meeting. IV. PRINCIPAL PARTIES EXPECTED AT MEETING . None. 0108MayorProTempore AGENDA SECTION AGENDA ITEM # REpORT # OTHER BUSINESS 11 17 STAFF REpORT CITY COUNCIL MEETING JANUARY 8, 2008 REpORT PREPARED By: CHERYL KRUMHOLZ, EXEC. COORDINATOR NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: li ITEM FOR COUNCIL CONSIDERATION: Discussion regarding Council attendance at 2008 National League of Cities Conferences and N.O.I.S.E. Conference. 1. RECOMMENDED ACTION: By Motion: Designate Council Member(s) to attend the March 2008 National League of Cities (NLC) Congressional Conference; July 2008 N.O.l.S.E. Conference; and the November 2008 NLC Congress of Cities Conference. I II. BACKGROUND I In 2003, the City Council decided that attendance at conferences should be rotated among the Council Members, so this item is placed on the agenda for the Council consideration of the attendance for the three conferences in 2008. These conferences become especially important as federal policy issues affecting a wide variety of local government concerns could be on the congressional agenda. According to State Statute 471.66, the gov~rning body of cities and school districts must adopt a policy that controls out-of-state travel for elected officials. That policy was adopted by the City Council in November 2005 and stipulates that the City Council must approve, in advance by a motion, attendance at out-of-state conferences. The general guidelines for evaluating out-of-state travel opportunities are listed in the policy. 0108conferences Knowing which Council Member(s) will be attending each of the conferences will assist staff with early registration and airline schedules. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The Council has determined that attendance at the NLC and N.OJ.S.E. Conferences is beneficial to the City's operations and long- range planning efforts. I B. CRITICAL ISSUES I . While the City continues to face revenue reductions from the State, it is even more critical that the Council remains in the informational loop regarding congressional activities as it relates to airport/aviation activities, federal funds and homeland security issues. I C. FINANCIAL I . The NLC Conferences are budgeted in the City's 2008 budget. The N.O.I.S.E. Conference is budgeted in the HRA 2008 budget. . The estimated total cost of each conference, including registration, flight, lodging and per diem, is $2500 per Council Member. I D. LEGAL I . According to State Statute 471.66, the governing body of cities and school districts must adopt a policy that controls out-of-state travel for elected officials. ~V. ALTERNATIVE RECOMMENDATION(S) I . Address this issue prior to each conference. . Decline to send Council delegates to any or only designated conferences. I V. ATTACHMENT (s) . List of conferences. . Information related to March 2008 NLC conference . Out-of-state elected official travel policy. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None. 11-1 COUNCIL MEMBER ATTENDANCE AT NATIONAL CONFERENCES 2004 - 2008 CONFERENCE DATE LOCATION ATTENDEES 2005 NLC March 11-15 Washington, DC Kirsch Congressional City Conference NOISE July 20-22 Eagan, MN All Council Members NLC December 6-10 Charlotte, NC None Congress of Cities 2006 NLC March 11-15 Washington, DC Kirsch Congressional City Conference NOISE September 27-29 San Francisco, CA Kilian NLC December 5-9 Reno, NV Sandahl Congress of Cities 2007 NLC March 10-14 Washington, DC Goettel Congressional Devich City Conference NOISE July 18-20 Atlanta, GA None NLC November 13-1 7 New Orleans, LA Sandahl Congress of Cities 2008 NLC March 8-12 Washington, DC Congressional. City Conference NOISE July 16-18 Dulles, VA NLC Congress November 11-15 Orlando, FL of Cities 12/10/07 An Opportunity You Will Not Want To Miss March 2008 marks the true beginning of the campaign for national offices - a campaign that has significant implications for America's cities and towns. With most of the major primaries over, both the Democratic and Republican front runners for President will emerge and the races for House and Senate seats will begin to heat up. The National League of Cities 2008 Congressional City Conference provides local elected officials and city staff an opportunity they will not want to miss. The opportunity to learn about federal issues that are important to America's cities and towns, to lobby Congress on short-term issues that will be on the Congressional agenda in 2008, and to make sure cities and towns have a clear, unified voice in the national campaign. Come to Washington, DC., March 8-12, to join the voice of America's cities in launching our national campaign on behalf of the 225 million people we collectively represent. The program will include general sessions featuring national leaders, workshops to learn more about the issues and NLC's positions, and a chance to go to Capitol Hill to visit with your representatives on Wednesday, March 12. The National League of Cities provides the resources, the connections, and the collective power to help city leaders nave an impact on Capitol Hill. , "!~f _.r ... t~, 'Ii Pre-Coruerence Leadership Trammg Institute _ ~:;~e~lr]t4]~llc'"]:]>~t:tI{_~'!~C;~~ "? - " <"' , ---- - ". ~-""'- -.. Information pertaining to the pre-conference Leadership Training Institute Seminars being held Saturday, March 8 and Sunday, March 9, will be available on the NLC website at www.nlc.org in late December 2007 or early January 2008. Registered delegates will be notified bye-mail when registration for these seminars is available. Special Events Celebrate Diversity Breakfast Manday, March 10; 7:30 a.m. - 9:00 a.m.; Fee: $35 The 22nd annual Celebrate Diversity Breakfast will feature a keynote speaker who will provide a perspective on "diversity" issues facing America's cities and towns. The breakfast is sponsored by five NLC constituency groups. Reception and The Capitol Steps Tuesday, March 11; 6:30 p.m. - 8:00 p.m. The Capitol Steps will perform on Tuesday as part of a conference wrap up to energize the delegates for City Lobby Day 011 Wednesday morning. This troupe of former Congressional employees provides bi - partisan fun for everyone. Preliminary Schedule The Conference will provide a range of education, networking, and strategy sessions to maximize the value of this event for city officials. This preliminary schedule provides an outline of major events during the conference to help delegates make travel plans. Saturday, March 8 9:00 a.m. - 5:00 p.m. Leadership Training Seminars 1 :30 p.m. - 5:00 p.m. City Futures Panel Meetings 5:30 p.m. - 6:45 p.m. Orientation to the Conference for First Time Attendees 5:30 p.m. - 7:00 p.m. Constituency and Special Group Meetings Sunday, March 9 9:00 a.m. - 5:00 p.m. NLC Board of Directors Meeting NLC Advisory Council Meeting . Leadership Training Seminars Policy and Advocacy Committee Meetings 5:15 p.m. - 7:00 p.m. Constituency and Special Group Meetings Monday, March 10 7:30 a.m. - 9:00 a.m. Celebrate Diversity Breakfast 9:00 a.m. - 10:30 a.m. Opening General Session 10:45 a.m. -12:15 p.m. Workshop Sessions 12:15p.m. -1:30 p.m. Roundtable Networking Lunch 1:45 p.m. - 3:15 p.m. Workshop Sessions 3:30 p.m. - 4:30 p.m. General Session 5:00 p.m. - 6:30 p.m. State League Caucuses and Receptions Constituency and Special Group Meetings/E vents Tuesday, March 11 7:00 a.m. - 8:30 a.m. Steering Committee Work Sessions General Session Workshop Sessions Roundtable Networking Lunch Workshop Sessions Closing General Session State League Caucuses and Receptions 6:30 p.m. - 8:00 p.m. Reception and The Capitol Steps 8:45 a.m. -10:15 a.m. 10:30 a.m. -11:45 p.m. Noon - 1 :30 p.m. 1:45 p.m. - 3:00 p.m. 3:15 p.m. - 4:30 p.m. 5:15 p.m. - 6:30 p.m. Wednesday, March 12 - City Lobby Day 7:00 a.m. - 11 :00 a.m. Shuttle Service to Capitol Hill for Lobbying Be part of the national voice of America's cities and towns in 2008. 11-3 The 2008 Congressional City Conference will feature general sessions, . workshops, and strategy meetings built around NiC's advocacy prio. rities for the second session of the 11 Oth Congress and the 2008 presidential campaign. Key issues likely to be on the federal agenda in 2008 include: Transportation Financing and Reauthorization The anticipated report from a special commission on the future of surface transportation will kick off a national debate on federal transportation programs as the deadline for reauthorization looms in 2009. Congress also will have to make decisions about how to address a projected shortfall in gas tax revenues for the Highway Trust Fund that funds transportation programs, how to repair and maintain the nation's aging infrastructure, and how to address concerns over the impact of transportation on the environment. Alternative Energy and Climate Change Energy and environmental issues of concern to local governments continue to be an important Congressional issue. Congress has been working on an agreement and passage of a comprehensive energy package that would move this country toward greater energy independence. Renewable fuels standard, tax credits for renewable energy production, elimination of oil and gas tax incen- tives' energy and environmental block grants for local governments and issues related to climate change are on the forefront of Senate and House leadership. A Federal Response to the Surge in Violent Crime For the second year in a row, the FBI's Uniform Crime Report showed an increase in violent crime in America's cities and towns. Importantly, the report confIrms that violent crime is not just a big city problem anymore with the largest increases occurring in communities with populations between 250,000 - 499,999 and 25,000 and 49,999. Congress is debating ways to attack the surge. Gang prevention measures, COPS reauthorization, ex-offender reentry programs, and comprehensive crime fIghting strategies are all being considered at the federal level. Immigration Reform Uncertainty over federal immigration policy continues to impact cities and towns and to mean that communities face the chal- lenges of immigration on their own. Despite the lack of federal action, city leaders recognize that local governments cannot wait for federal action and are developing new strategies to take constructive action locally to manage growing immigrant populations. Federal Funding for Local Activities The federal budget continues to be under intense pressure due to war spending, the federal deficit, the economy, mandatory spend- ing, and renewed emphasis on fiscal restraint. This means that federal programs important to cities and towns, including the Community Development Block Grant programs, public safety and transportation, will continue to be vulnerable to attack. Homeownership Finance With the homeownership rate in America at a historic high of nearly 70 percent, mortgage foreclosures, predatory lending, inadequate fmancial literacy, and market volatility continue to threaten neighborhood stability and the national economy. Congress is takiog several different approaches to preserving homeownership and neighborhoods, including stronger consumer education and protectiol1s, market intervention, and tax forgiveness. Muilldpal Water Issues Municipal water issues continue.to be inth? federal spotlight. The Clean Water Restoration Act, to clarify the original intent of the Clean Water Act, has drawn much support and criticism from various groups. The Water Resources Development Act would authorize approximately $23.2 billion for more than 900 projects for navigation, environmental restoration, andhurri- cane, flood or storm damage reduction in 23 different states. Finally, Congress is looking at the issue of water infrastructure financing and ways to close the gap between needed and available funds. Community Development and Affordable Housing For the first time in years, a National Affordable Housing Trust Fund (AHTF) could become a reality. Is your city ready for it? If enacfed, the AHTF would provide federal funds to localities solely for the purpose of construction and preservation of affordable housing. Sessions will focus on the trust fund and other federal funding programs that cities can use to reinvigorate struggling neighborhoods. Telecommunications Local government authority to offer municipal broadband services to citizens, to control rights of way, and to collect franchise fees and taxes continues to be under attack in federal regulatory and legislative arenas. Municipal officials must be knowledgeable about emerging technologies and be prepared to refute industry arguments that local governments are an impediment to competition. Education Reform Discussions are underway in Congress regarding the reauthorization of No Child Left Behind. An NLC Task Force has already developed a set of recommendations for reforming the Act to close the gap between its requirements and feasible implementation. Local government officials - many of whom have little control over schools but are often blamed when they fail- must be pre- pared to advocate for needed reforms and for the funding that will be required to meet the Act's requirements. Visit the NLC website at www.nlc.arg for regular updates on key issues and advocacy priorities. No housing or registration wilt be processed without accompanying payment injUU. Are you a newly elected official? Size of city? Name Sex Tide City/Organization Mailing Address City Phone Email State_Zip Fax Confirmation Format - HTML: 0 YES o NO Spouse/Partner Name' ($35 fee) iSpouselPartner not eligible for a. separate hotel room and fees are non-refundable. Child Name (14 and under, no fee) Age Youth Delegate*' (15-18, $100 fee) Age <<Local officials are encouraged to register youth as active participants in this conferew;e to contribute to NLC's youth agenda. If the youth delegate requires hotel accommodations separate fram yours, attach the registration form with )'001 completed form. Additional Fees 5 $360 First Time Attendee SG $35 Spouse/Partner (non-rejUndable) 7 $100 Youth Delegate 8 $100 Youth Chaperone (not applicable to elected officials) Registration Fees Advance Regular/On-Site NLC Member City $420 $470 $ Associate Member $420 $470 $ SML Member City $540 $600 $ Non-Member/Other $645 $690 $ To be eligible for the Advance Fee, registration must be postmarked by February 4, 2008. To avoid onsite lines, registration must be received by March 2, 2008. Visit www.nlc.org and register online. Registration for Leadership Training Institute Seminars will be available December 2007. Special Events P1 $35 Celebrate Diversity Breakfast Constituency Group Events You must be registered for the conference in order to attend. .. A1 $35 APAMO Activity Fee G 1 $35 GLBLO Activity Fee H1 $45 HELO Activity Fee N1 $95 NBC-LEO Activity Fee W1 $50 WIMG Luncheon Total Registration Fee: Registration Cancellation Policy: All requests must be received in writing, postmarked by February 4, 2008, and are subject to a $50 cancellation fee. No partial refunds will be made if you decide not to attend particular functions. No registrations or cancellations will be accepted by telephone. No cancella- tions ,vill be accepted after February 4, 2008. Check# Amount ", ....,::.:.:..".-...'...-.,...':.:......,.:-'..:...-,. ,....._........'''.-._.. ,__,'J...""._, ...'.'.'.:'....-::__.'_...'.:......'...'.:,...'.',.._...''.-.c." .'.... '-.',":'-:''''':---''. ...... RREGIS~iJ()N,Use your credit ancl.l7A.Xyour form to (703) 631-62880 Hotel Reservations: You must be registered to reserve a hotel room. To guarantee your room, all hotels require one night's deposit plus 14.5% tax, per room 21 days prior to your arrival. This is required even if you plan to arrive before 6:00 p.m. If accommodations are not guaranteed 21 days in advance the reservation will he cancelled. o Please make my hotel reservation as indicated below. o I do not require hotel accommodations at any of the hotels listed below. o Please contact me regarding suite information. Arrival Date: ~ ~ _ Departure Date: ~~_ Some hotels charge an early departure fee. Please confirm your a.rrival and departure dates are correct on NLC Meeting Services and Hotel confirmations o Single (1 person/1 bed) 0 Smoking o Double (2 people/1 bed) 0 Non-Smoking o Double/Double (2 people/2 beds) Hotels attempt to provide 'room type preference but it is not guaranteed. Sharing My Room With: (This is for hotel check-in purposes) Special Housing Request (e.g., whee/cluJir accessible rooms,etc.): If you have special housing or transportation needs, please contact NLC Meeting Services. Hotel Choices: Indicate your first-choice hotel with the number "1". Number the other hotels from "2" to "16" in order of your preference. The hotels below are listed in order of proximity to host hotel. 'Hilton Washington (5 Towers ("Hi/ton Wash") is the headquarters hotel. Sgl/Dbl SgllDbl Hilton Wash Std Room' $224/$244 _Hilton Embassy Row $195/$195 -Hilton Wash Club Level* $259/$279 _Hotel Palomar-Kimpton $250/$250 - Beacon Hotel Std Room $197/$197 Omni Shoreham $211/$211 = Beacon Hotel Ste Upgrade $237/$237 Renaissance Mayflower $225/$225 The Churchill Hotel $201/$221 _St. Gregory Std Room $206/$206 = Courtyard by Marriott $189/$189 _St. Gregory Jr. Suite $250/$250 _Jurys Normandy $168/$168 _Westin Embassy Row $205/$205 _Jurys Washington $191/$191 _Westin Grand $202/$202 Hotel Deposit: All major credit cards with expiration date of 03/08 or later are accepted at the conference hotels. All checks, government purchase orders, vouchers or claims must be submitted to the hotel with 6 digit REG ill indicated on NLC Meeting Services confirmation FOUR WEEKS prior to your arrival but are subject to hotel approval. Registration Fee Payment Information: (You must check one of the options below.] o Charge my REGISTRATION FEES to VISA, MasterCard or ArVlEX listed below o Check for REGISTRATION FEES made payable to National League of Cities o Purchase Order for REGISTRATION FEES - copy must be enclosed & payment must be received by February 25,2008 Hotel Deposit Payment Information: (You must check one of the options below.] o Charge my HOTEL DEPOSIT to the credit card listed below o Check for HOTEL DEPOSIT - please submit to hotel address noted on confIrmation FOUR WEEKS prior to your arrival- subject to hotel approval o Purchase Order for HOTEL DEPOSIT - submit to hotel address noted on confIrmation FOUR WEEKS prior to your arrival- subject to hotel approval Credit Card Authorization: NLC Meeting Services is authorized to use the card below to pay all applicable registration fees and guarantee my hotel reservation. I understand that one night's room charge plus tax will be billed through this card if I fail to show up for my assigned housing on the confIrmed date. unless I have cancelled my reservation with the hotel at least 72 hours in advance. I also understand some hotels will process the credit card for one night's deposit immediately upon receiving reservation infonna- tion from NLC Meeting Services. VisalMC/ AMEX #: Exp. Date Card Holder Name Card Holder Signature Additional Credit Card Authorization: For hotel deposit only if different than the credit card number listed above. (Expiration date must be 03/08 or laier, per hotel requirement.) Visa!lv1C/ ALVlEX #: Exp. Date_ Card Holder Name Card Holder Signature Return Conference Registration and Housing Form to: Fax: 703-631-6288 (Credit Card and Purchase Orders Only - No Checks) Mail: NLCMeetingServices.cl 0 J. Spargo & Associates, 11208 Waples Mill Road, Suite 112, Fairfax, VA 22030 For more information and! or changes: Phone: 888-319-3864 or 703-449-6418 Email: nlcregandbousing@jspargo.com Office use only: Hotel Subblk Cate Rate (/--:) ELECTED OFFICIAL OUT-OF-STATE TRAVEL POLICY CITY OF RICHFIELD PERSONNEL POLICY DATE: SUBJECT: November 2005 Elected Official Out-of-State Travel Guidelines Introduction According to State Statute 471.66, by January 1, 2006, the governing body of cities and school districts must adopt a policy that controls out-of-state travel for elected officials. This policy must be voted upon, reviewed annually, and specify: 1) when travel outside the state is appropriate; 2) applicable expense limits; and 3) procedures for approval of the travel. Purpose The City of Richfield recognizes that its elected officials may at times receive value from traveling out of the state for workshops, conferences, events and other assignments. This policy sets forth the conditions under which out-of-state travel will be reimbursed by the City. General Guidelines 1. An event, workshop, conference or assignment must be approved in advance by a motion of the City Council at an open meeting and must include an estimate of the cost of the travel. In evaluating the out-of-state travel request, the Council will consider the following: . Whether the elected official will be receiving training on issues relevant to the City or to his or her role as the Mayor or Council Member; . Whether the elected official will be meeting and networking with other elected officials from around the country to exchange ideas on topics of relevance to the City or on the official roles of local elected officials; . Whether the elected official will be viewing a city facility or function that is similar in nature to one that is currently operating at, or under consideration by the City where the purpose for the trip is to study the facility or function to bring back ideas for the consideration of the full Council; . Whether the elected official has been specifically assigned by the Council to visit another city for the purpose of establishing a goodwill relationship such as a "sister-city" relationship; . Whether the elected official has been specifically assigned by the Council to testify on behalf of the City at the United States Congress or to otherwise meet with federal officials on behalf of the City; . Whether the City has sufficient funding available in the budget to pay the cost of the trip. 2. Council Members who attend an out-of-state, City-funded event, workshop or conference shall give an oral report on the results of his/her trip at the next regularly scheduled Council meeting. 3. No reimbursements will be made for attendance at events sponsored by or affiliated with political parties. 4. The City may make payments in advance for airfare, lodging and registration if specifically approved by the Council. Otherwise, all payments will be made as reimbursements to the elected official. 5. The City will reimburse for transportation, lodging, meals, registration, and incidental costs using the same procedures, limitations and guidelines outlined in the City's out-of-state travel policy for City employees. 6. The City Council may make exceptions to this policy if approved by the majority of the City Council. Approved: /s/ Steven L. Devich City Manager AGENDA SECTION: AGENDA ITEM # REpORT # OTHER BUSINESS 12 18 STAFF REpORT CITY COUNCIL MEETING JANUARY 8, 2008 REpORT PREPARED By: CHERYL KRUMHOLZ, EXEC. COORDINATOR NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: []I' ITEM FOR COUNCIL CONSIDERATION: Consideration of designating representatives to serve as 2008 liaisons to various metropolitan aaencies and City commissions. I. RECOMMENDED ACTION: By Motion: Designate Council liaison appointments for 2008 to various metropolitan aaencies and City commissions. BACKGROUND em ers 0 t e ity ounci serve as t e ity s representatives on various metropolitan agencies and City commissions. Each year, the Council appoints these representatives. Staff will notify the agencies and commissions of the appointments. 1 III. BASIS OF RECOMMENDATION 1 1 A. POLICY I. . Each year, the City Council appoints representatives to serve as liaisons on various metropolitan agencies and City commissions. B. s representation on metropolitan agencies and commissions. IV. . IV. ATTACHMENTS . liaison appointment list. PRINCIPAL PARTIES EXPECTED AT MEETING . None. I VI. 01081iaisons AGENCY METRO CITIES (FORMERLY AMM) LEAGUE OF MINNESOTA CITIES NOISE OVERSIGHT COMMITTEE NOISE TRANSPORT A TIONCOMMISSION 1-35W SOLUTIONS ALLIANCE 494 CORRIDOR COMMISSION PLANNING COMMISSION COMM. SERVICES COMMISSION ADVISORY BOARD OF HEALTH HUMAN RIGHTS COMMISSION FRIENDSHIP CITY COMMISSION ARTS COMMISSION CELEBRATIONS COMMISSION CITY HALL TASK FORCE RICHFIELD COMMUNITY HUMAN SERVICES PLANNING COUNCIL FOWL BOARD I ~-I 2007 LIAISON BILL KILIAN, REP. SUE SANDAHL, AL T. 2008 LIAISON DEBBIE GOETTEL, REP. SUE SANDAHL, AL T. BILL KILIAN, REP. PAM DMYTRENKO, AL T. BILL KILIAN, REP. DEBBIE GOETTEL, AL T. SUE SANDAHL, L1A. BILL KILIAN. ALT. SUE SANDAHL, L1A. MIKE EASTLlNG, AL T. SUE SANDAHL, L1A. TOM FOLEY, AL T. DEBBIE GOETTEL, L1A. BILL KILIAN. ALT. FRED WROGE, L1A. SUSAN ROSENBERG, AL T. DEBBIE GOETTEL, L1A. SUSAN ROSENBERG, AL T. SUSAN ROSENBERG, L1A. BILL KILIAN, ALT. DEBBIE GOETTEL, L1A. SUE SANDAHL, AL T. SUSAN ROSENBERG, L1A. SUSAN ROSENBERG, L1A. FRED WROGE, AL T. SUE SANDAHL, AL T. FRED WROGE. L1A. BILL KILIAN, L1A. SUSAN ROSENBERG, REP. DEBBIE GOETTEL, REP. SUSAN ROSENBERG, ALT. 12/31/07 '~-d- SOUTHWEST CABLE COMMISSION FRED WROGE, REP. STEVE DEVICH, REP. SUE SANDAHL, AL 1. RICHFIELD HISTORICAL SOCIETY FRED WROGE RICHFIELD SCHOOL DISTRICT SUSAN ROSENBERG, REP. FRED WROGE, AL 1. STOREFRONT GROUP KATHY FARRIS, L1A. FRED WROGE, AL 1. 12/31/07