01-22-08 agenda
CITY OF RICHFIELD, MINNESOTA
TUESDAY, JANUARY 22, 2008
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SPECIAL CITY COUNCIL MEETING
CITY HALL EXECUTIVE CONFERENCE ROOM
6700 PORTLAND AVENUE
5:30 P.M.
AGENDA
Call to order
Roll call
1. Interview of persons interested in serving on City's advisory commissions (Council
Memo No. 16)
Adiournment
***~***************************************************************************************************
SPECIAL CITY COUNCIL WORKSESSION
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
6:00 P.M.
AGENDA
Call to order
Roll call
6:00 - 6:30 p.m.
1. Discussion regarding parking/storage of recreational vehicles in residential areas
(Council Memo No. 17)
Notes:
6:30 - 6:50 p.m.
2. Discussion of proposed ordinance amendment to City Code Section 425.07 regarding
location of satellite antennas (Council Memo No. 18)
Notes:
Adiournment
***~***************************************************************************************************
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
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 January 8,2008 and (2)
Regular City Council Meeting of January 8, 2008
PRESENTATIONS
1. Swearing-in of Richfield Police Officer Ronald Dox
2. Presentation of 2007 Richfield Police Officer of the Year Award to William Stanger
(Council Memo No. 19)
3. Recognition of donors to Honoring All Veterans Memorial
COUNCIL DISCUSSION
4. Council discussion
. Hats Off To Hometown Hits
Notes:
AGENDA APPROVAL
5. Council approval of agenda
CONSENT CALENDAR
6. 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 Section 210.01 of
Richfield City Code related to City Council salaries and scheduling second reading
for February 12, 2008 S.R. No. 19
B. Consideration of approval of public health and environmental health mutual aid
agreement with eleven political subdivisions of State of Minnesota S.R. No. 20
C. Consideration of approval of 2008 contract with City of Bloomington, using public
health emergency preparedness grant funds distributed by federal grant from
Centers for Disease Control, to provide public health emergency preparedness/
bioterrorism services and development of response system S.R. No. 21
D. Consideration of approval of continuing agreement with City of Bloomington for
public health nursing services for City of Richfield for 2008 S.R. No. 22
E. Consideration of approval of purchase of three Public Safety Police squad cars
from Monticello Ford in amount of $67,728 S.R. No. 23
Notes:
7. Consideration of items, if any, removed from Consent Calendar
Notes:
PROPOSED ORDINANCE
8. Consideration of second reading of ordinance amending Subsections 800.13, 800.17,
800.19,800.21 and 800.23 of City Code related to off-street parking
Staff Report No. 24
Notes:
RESOLUTION
9. Consideration of resolution approving provisions of 2008-09 labor agreement
between City of Richfield and International Union of Operating Engineers Local 49
Staff Report No. 25
Notes:
OTHER BUSINESS
10. Consideration of addendum to existing lease agreement between City of Richfield
and Hat Trick Hockey, Inc., 636 West 66th Street
Staff Report No. 26
Notes:
11. 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. 27
Notes:
12. Consideration of appointment(s) to City advisory commissions
Staff Report No. 28
Notes:
CITY MANAGER'S REPORT
13. City Manager's report
Notes:
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:
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
6A
19
STAFF REpORT
CITY COUNCIL MEETING
JANUARY 22, 2008
REpORT PREPARED By:
STEVEN L. DEVICH, CITY MANAGER
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of first reading of an ordinance amending Section 210.01 of the Richfield City
Code related to City Council salaries and schedule second reading for February 12, 2008.
1. RECOMMENDED ACTION:
By motion: Approve first reading of the ordinance amending Section
210.01 related to City Council salaries and schedule second reading
for February 12, 2008.
I II. BACKGROUND I
Chapter II, Section 210 of the City ordinance establishes the salaries of the City
Council. Section 210.01, Subd. 5 provides that the salaries of the Council Members
shall be reviewed by the City Council set by this section by May 1 in each year in which
an election is held pursuant to Section 200 of this code. An ordinance amending the
salaries as established in this section must not take effect until after the next
succeeding municipal election.
The next City Council salary adjustment would be effective January 1, 2009, if the City
Council approves the ordinance amendment.
The City Council has not approved a salary adjustment since January 1, 2006.
The current annual salary for the Mayor is $9360. The current salary for the City
Council is $7266.
0122salries
According to previously established City Council policy, any increase should be based.
upon the amount of increase granted to employees in the year(s) subsequent to the
previous salary adjustment. The salary increase for employees in the General Services
and Management pay plans was 3.5 % in 2007 and 2008. However, the City Council
may set salaries in relationship to other metropolitan cities, especially since salaries
have not been adjusted since 2006.
The City Council should address salaries for a two-year period, 2009 and 2010. A
proposed ordinance is attached to this Staff Report to cover this two-year period.
Attached is a list of Council salaries of 10 selected cities in the metro area of a
comparable size.
Second reading of the proposed ordinance is scheduled for February 12, 2008.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. Chapter II, Section 210 of the City Code establishes the salaries of the City
Council and provides that the salaries of the Council Members be reviewed
each year in which an election is held.
. The City Charter stipulates that City Council salaries may be adjusted only by
ordinance.
I B. CRITICAL ISSUES I
. A public hearing is not required per State Statute or City Charter.
I C. FINANCIAL I
. The City Council did not receive a salary adjustment in 2007 and 2008. Their
salary remains at the 2006 rate.
. Richfield's Mayor and City Council Member salaries are below average for
the metropolitan cities surveyed.
I D. LEGAL
. N/A
I IV. ALTERNATIVE RECOMMENDATION(S) I
. The Council could defer action on this item to a future meeting.
. Do not approve second reading of the ordinance and take no further action.
I V. ATTACHMENTS
. Proposed ordinance.
. Salary survey.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None.
!<le VI sfl-cL
BILL NO.
~+r-t +~~ I~p +, id 19
AMENDMENT TO SECTION 210
OF THE ORDINANCE CODE OF
THE CITY OF RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Section 210 of the ord inance code of the City of Richfield is hereby amended by
amending Subsection 210.01 to read as follows:
Subdivision 1. Mayor. The annual salary of the mayor as of January 1, 2008 is $9,360.
Effective January 1 , 200Z~, the salary of the mayor shall be increased by a percentage that is
the lesser of 3.5 percent or the percentage increase in the annual pay structure granted on
January 1 , 200Z~to Management and General Services pay plans.
Subdivision 2. Council. The annual salary of a member of the council as of January 1,
2008 is $7,266. Effective January 1, 2001~, the salary of a member of the counciLshall be
increased by a percentage that is the lesser of 3.5 percent or the percentage increase in the
annual pay structure granted on January 1 , 200Z~ to Management and General Services pay
plans.
Subdivision 3. Effective January 1, 200810, the annual salary of the mayor and a
member of the council as provided in Subdivision 1 and 2 above shall be increased by a
percentage that is the lesser of 3.5 percent or the percentage increase in the annual pay
structure granted on January 1, 20081Q to Management and General Services pay plans
Subdivision 4. Effective Date. This ordinance becomes effective on January 1 , 200Z~.
Passed by the City Council of the City of Richfield, Minnesota this 12thth day of
February, 2008.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
~A~~
METROPOLITAN AREA CITY COUNCIL 2008 SALARY SURVEY
2007 Annual Salary 2008 Annual Salary
City Population Mavor Council Mavor Council
Apple Valley 48,418 $10,584 $ 7,560 $10,896 $ 7,788
Blaine 49,962 13,637 10,003 No increase in 2008.
Eden Prairie 1 62,000 9,900 7,200 No increase in 2008.
Edina 48,156 1 0,000 7,498 10,348 7,758
Fridley 2 27,480 10,224 7,425 No increase in 2008.
Golden Valley 3 20,736 11,619 8,696 No increase in 2008.
Maple Grove 61,263 13,000 11 ,000 13,500 11,500
Minnetonka 51,658 1 0,500 8,000 12,000 9,000
Richfield 34,502 9,360 7,266
,={oseville 34,080 9,300 7,020 No increase in 2008.
St. Louis Park4 44,896 10,985 7,165 12,417 7,165
Average Salary: 10,828 8,076
NOTES:
1 In addition to salary, the Eden Prairie Mayor/Council are paid $35/day for attending special meetings of the Council
and other meetings involving City business, regardless of the length or number of meetings attended that day. Such
activities for which the Mayor/Council may qualify to be paid are limited to service as a representative of the City:
1. At meetings of boards, committees, commissions, or other entities of the City, or of which the City is a
member, and which do not compensate attendees;
2. For appearances related to litigation;
3. For appearances to testify at the proceedings of other units of government;
4. For out-of-town travel directly related to City business.
5. For Council assignments to participate in scheduled meetings in support of City business.
Each person shall also be reimbursed for reasonable expenses incurred while attending to business of the City.
The Eden Prairie Mayor/Council are also paid $60/month ($720/year) in recognition of costs incurred by them for
technological communications facilities or equipment (packets are sent electronically).
2 The Fridley Council Member at Large received $8,398 in 2007 (no increase in 2008).
3 The Golden Valley Mayor/Council also receive $50 per meeting up to three meetings per month for special meetings,
i.e., Community Services or Planning Commission.
4 The St. Louis Park Mayor/Council also serve on the Economic Development Authority. The additional salary
compensation in 2007 was $4,299 for the Commissioners and $5,731 for the President. In 2008, the additional
compensation is $4,299 for both the Commissioners and the President. The difference in the 2008 and 2007
compensation for President was added to the Mayor's salary as that person serves in both capacities.
Updated: 1/16/08
AGENDA SECTION:
AGENDA ITEM #
REPORT #
CONSENT
6B
20
STAFF REPORT
CITY COUNCIL MEETING
JANUARY 22, 2008
REPORT PREPARED By:
BETSY OSBORN, SUPPORT SERVICES
DIVISION MANAGER
NAME, TnLli
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
ff
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Approval of a Public Health and Environmental Health Mutual Aid Agreement.
1. RECOMMENDED ACTION:
By Motion: Approval of the attached Public Health and
Environmental Health Mutual Aid Agreement with eleven political
subdivisions of the State of Minnesota.
I II. BACKGROUND I
Minnesota State Statutes Section 471.59 states that political subdivisions of the
State of Minnesota may jointly and cooperatively exercise powers common to each
of the contracting parties. In 2006, a total of eleven political subdivisions met and
cooperatively prepared a Public Health Mutual Aid Agreement between them to
strengthen the preparedness of the public health system in Minnesota. This mutual
aid agreement was approved by Richfield's City Council at their January 23, 2007
Council meeting.
Since that time, and because the Twin Cities will be host to the 2008 Republican
Convention, there were discussions among the eleven political subdivisions about
0122 Public Health & Environmental Health Mutual Aid Agreement
amending the current mutual aid contract to include environmental health. This
would give the City of Minneapolis/Hennepin County, who is hosting the convention,
the ability to call on other outside agencies to assist in the event of a food related
outbreak' or issue requiring other outside food related assistance.
Emergencies may occur in the future which will require local public health entities to
come to the aid and assistance of other local public health entities. Therefore, the
intent of the agreement is to make personnel, equipment and other resources
available to other participants in the event of an emergency, training or drill or
exercise.
The amended agreement is being presented for approval to the Richfield City
Council at this time. The other ten participating entities have either already received
approval from their County/City Boards or are in the process of doing so. Those
Counties and Cities are as follows: Anoka County, Carver County, Dakota County,
Hennepin County, Ramsey County, Scott County, Washington County, City of
Bloomington, City of Minneapolis and City of Edina.
It should be noted that Richfield does not have its own personnel staffing the food
inspection area for Richfield but rather contracts with the City of Bloomington for this
service. Nonetheless, from a technical and legal standpoint, they would still like
Richfield's individual approval of the agreement.
It should also be noted that the Richfield City Attorney has reviewed the document
on several occasions, made suggestions/comments and has ultimately given staff
approval of the final document and its contents.
I III. BASIS OF RECOMMENDATION I
[ A. POLICY I
· It is recognized and acknowledged that in certain situations, including
but not limited to, natural disasters, public health emergencies,
technological hazards, man-made disasters, civil emergencies,
community disorders, insurgency or enemy attack, or training, drills or
exercises in preparation for any of these eventualities, the use of
personnel, equipment, supplies and/or services of a local public health
entity to perform functions outside its jurisdictional limits is desirable
and necessary to preserve and protect the health, safety and welfare
of the citizens of the State of Minnesota.
I B. CRITICAL ISSUES
· None
I C. FINANCIAL
. None
I D. LEGAL I
. The City Attorney has reviewed this agreement and has approved of
its contents.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. The Council could decide not to approve the amended agreement. This
would mean that Richfield could not depend on Counties or Cities within the
seven county metro areas to provide environmental health mutual aid to
Richfield.
I V. ATTACHMENTS I
. Public Health and Environmental Health Mutual Aid Agreement.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. . None
0122 Public Health & Environmental Health Mutual Aid Agreement
frJ8-1
Twin Cities Public Health and Environmental Health Entities in Minnesota
MUTUAL AID AGREEMENT
WHEREAS, pursuant to Minnesota Statutes Section 471.59, political subdivisions of the
State of Minnesota may jointly and cooperatively exercise powers common to each of the
contracting parties; and
WHEREAS, the original participating parties set forth on Exhibit A, attached hereto and
incorporated by this reference, executed the Twin Cities Public Health Departments in Minnesota
PUBLIC HEALTH MUTUAL AID AGREEMENT on or about February, 2007; and
WHEREAS, the parties agree that, in order to make changes to that agreement and in lieu of
an amendment, the parties, and any potential parties, including but not limited to those possible
additional parties set forth on Exhibit A or as otherwise provided, shall execute this Twin Cities
Public Health and Municipal Environmental Health Entities in Minnesota MUTUAL AID
AGREEMENT; and
WHEREAS, the purpose ofthis agreement is to strengthen the preparedness of the public
health and environmental health system in Minnesota; and
WHEREAS, the parties desire to simplify the defense of claims by eliminating
conflicts among defendants that are parties to this Agreement; and
WHEREAS, emergencies may occur in the future which will require local public health
and/or environmental health entities to come to the aid and assistance of other local public health or
environmental health entities; and
WHEREAS, the intent of this agreement is to make personnel, equipment, and other
resources available to political subdivisions in the event of an emergency, training, drill or exercise;
and
WHEREAS, the parties participating in this Agreement have determined that it is in their
best interests to assist one another in the event of an emergency, training, drill or exercise.
NOW, THEREFORE, in consideration of the foregoing, the participating parties agree as
follows:
1. PURPOSE
It is recognized and acknowledged that in certain situations, including but not limited to,
natural disasters, public health emergencies, technological hazards, man-made disasters,
civil emergencies, community disorders, insurgency or enemy attack, disease outbreaks,
special events, or trainings, drills or exercises in preparation for any of these eventualities,
the use of the personnel, equipment, supplies and/or services of a local public health entity
to perform functions outside its jurisdictional limits is desirable and necessary to preserve
and protect the health, safety and welfare of the citizens of the State of Minnesota.
This Agreement only addresses assistance provided by a participating party in response to a
request made by a participating party and does not affect the applicability of Minn. Stat.
(PB--:J-
S 12.331, Minn. Stat. S 12.33, or other pertinent laws to other activities that may be
undertaken by a political subdivision.
II. DEFINITIONS
For the purposes of this mutual aid agreement, the following terms shall be defined as
follows:
A. "Employee" means those personnel currently working for a party including, elected
and appointed officials, officers and volunteers who are registered with and under the
direction and control of that party as required by Minn. Stat. S 12.22, subd. 2a (a)
(2005).
B. "Participating Party" means the local public health or environmental health authority
of a political subdivision that is a party to this Agreement.
C. "Requesting Official" means the person designated by a Participating Party who is
responsible for requesting Assistance from the other Participating Parties.
D. "Requesting Party" means a Participating Party that requests assistance from other
Participating Parties.
E. "Responding Official" means the person designated by a Participating Party who is
responsible to determine whether and to what extent that Participating Party should
provide assistance to a Requesting Party.
F. "Responding Party" means a Participating Party that provides assistance to a
Requesting Party.
G. "Assistance" means Public Health or Environmental Health personnel, equipment,
supplies and/or services.
III. PROVISION OF MUTUAL AID
A. Request for Assistance. Whenever, in the opinion of a Requesting Official, there is a
need for assistance from other parties, the Requesting Official may call upon the
Responding Official of any other party to furnish assistance. The Requesting Party,
within a reasonable period of time, shall provide the Responding Party/ies with:;t
written confirmation of the need for assistance including details regarding requested
resources, timelines/schedules and location(s) for assistance.
B. Response to Request. Upon the request for assistance from a Requesting Party, the
Responding Official may authorize and direct his/her party's personnel to provide
assistance to the Requesting Party. This decision will be made after considering the
needs of the Responding Party and the availability of resources. Once assistance has
been authorized, the Responding Party, within a reasonable period of time, shall
provide the Requesting Party with a written confirmation of assistance including
details regarding the personnel and resources to be provided and when they will be
available.
Glj- 3
c. Recall and Release of Assistance. The Responding Official may at any time recall
such assistance when in his or her best judgment or by an order from the governing
body of the Responding Party or its designee, it is considered to be in the best
interest of the Responding Party to do so. The Requesting Party may at any time
release a Responding Party or an individual from providing any further assistance.
D. Command of Scene. The Requesting Party shall be in command of the mutual aid
scene. The personnel and equipment of the Responding Party shall be under the
direction and control of the Requesting Party until the Responding Official
withdraws assistance.
E. State Declared Emetgency. If the State of Minnesota or an authorized state agency
declares an emergency, the statutes and administrative rules pertaining to state
declared emergencies shall prevail where they conflict with the provisions of this
Agreement.
IV. LIABILITY
A. Each Requesting Party shall defend, indemnify and hold harmless a Responding
Party for claims arising within the Requesting Party's jurisdiction subject to the
limits of liability under Minnesota Statutes Chapter 466 and other applicable law,
rule, and regulation, including common law. The purpose of creating this duty to
defend, indemnify and hold harmless, is to simplify the defense of claims by
eliminating conflicts among defendants that are parties to this Agreement.
B. For purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. Ch. 466),
the employees and officers of the Responding Party are deemed to be employees (as
defined in Minn. Stat. S 466.01, subdivision 6) of the Requesting Party, but only for
purposes of addressing liability under this Agreement. The employees of the
Responding Party shall not be considered employees of the Requesting Party for any
other purpose.
C. The Requesting Party shall defend, indemnify and hold harmless the Responding
Party, its Employees, officers and elected and appointed officials against any and all
claims brought or actions filed against the Responding Party, its Employees, officers
and elected and appointed officials for injury to, death of, or damage to the property
of any third person or persons, arising from the performance and provision of
assistance in responding to a request for assistance by the Requesting Party pursuant
to this Agreement.
Under no circumstances, however, shall a party be required to pay on behalf of itself
and other parties, any amounts in excess of the limits on liability established in
Minnesota Statutes Chapter 466 applicable to anyone party. The statutory limits of
liability for some or all of the parties may not be added together or stacked to
increase the maximum amount of liability for any party.
D. Each Participating Party agrees to promptly notify the other Participating Parties if it
knows or becomes aware of any facts or allegations reasonably giving rise to actual
or potential liability, claims, causes of action, judgments, damages, losses, costs or
expenses, including attorney's fees, involving or reasonably likely to involve the
&;) 8- 4
other Participating Parties, and arising out of acts or omissions related to this
Agreement.
E. No party to this Agreement or any officer of any party shall be liable to any other
party or to any other person for failure of any party to furnish assistance to any other
party, or for recalling or releasing assistance as described in this Agreement.
F. If a Participating Party utilizes contractors or agents to provide services or assistance
under this Agreement, the Participating Party shall execute a contract with the
contractor and agent including the following language. Failure to include the
following language shall constitute a material breach of this Agreement:
CONTRACTOR shall defend, indemnify, and hold harmless each
Participating Party in the Twin Cities Public Health and Municipal
Environmental Health Entities in Minnesota Mutual Aid Agreement, its
officials, officers, agents, volunteers and employees from any liability,
claims; causes of action, judgments, damages, losses, costs, or
expenses, including reasonable attorney's fees, resulting directly or
indirectly from any act or omission of the CONTRACTOR, a
subcontractor, anyone directly or indirectly employed by them, and/or
anyone for whose acts and/or omissions they may be liable in the
performance of the services required by this Contract, and against all
loss by reason of the failure of the CONTRACTOR to perform fully, in
any respect, all obligations under this contract.
In order to protect the CONTRACTOR and those listed above under
the indemnification provision, the CONTRACTOR agrees at all times
during the term of this Contract, and beyond such term when so
required, to have and keep in force the following insurance coverages,
in amounts equal at least to the municipal tort liability limits of Minnesota
Statutes Chapter 466 or other applicable law as currently in effect or as may
be amended from time to time, unless specific dollar limits are otherwise
provided herein:
Li m its
(1) Commercial General Liability on an occurrence
basis with contractual liability coverage:
General Aggregate (The full limits of coverage
must be dedicated to apply to this project, per
ISO form CG2501, or equivalent.)
Products-Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence-Combined Bodily
Injury and Property Damage
(2) Workers' Compensation and Employer's Liability:
Workers' Compensation
I 0.. .-
1.0 U.- b
If the CONTRACTOR is based
outside the State of Minnesota,
coverage must apply to Minnesota
law.
Employer's Liability. Bodily injury by:
Accident-Each Accident
Disease-Policy Limit
Disease-Each Employee
(3) Professional Liability-Per Claim and Aggregate
The professional liability insurance must be
maintained continuously for a period of two years
after the termination of this Agreement.
An umbrella or excess policy over primary liability insurance
coverages is an acceptable method to provide the required insurance
limits.
The above establishes minimum insurance requirements. It is the
sole responsibility of the CONTRACTOR to determine the need for
and to procure additional insurance which may be needed in
connection with this contract. Copies of insurance policies shall be
promptly submitted to (name of jurisdiction) upon written request.
The CONTRACTOR shall not commence work until it has obtained
required insurance. The certificate(s) shall name (name of
jurisdiction) as the certificate holder and as an additional insured for
the liability coverage(s) with respect to operations covered under the
Contract.
The CONTRACTOR shall furnish to (name of jurisdiction) updated
certificates during the term of this Contract as insurance policies
expire. If the CONTRACTOR fails to furnish proof of insurance
coverages, (name of jurisdiction) may withhold payments and/or
pursue any other right or remedy allowed under the contract, law,
equity, and/or statute. (Name of jurisdiction) does not waive any rights
or assume any obligations by not strictly enforcing the requirements
set forth in this section.
Duty to Notify. The CONTRACTOR shall promptly notify (name of
jurisdiction) of any claim, action, cause of action or litigation brought
against CONTRACTOR, its employees, officers, agents or
subcontractors, which arises out of the services contained in this
Contract. The CONTRACTOR shall also notify (name of jurisdiction)
whenever CONTRACTOR has a reasonable basis for believing that
CONTRACTOR and/or its employees, officers, agents or
subcontractors, and/or (name of jurisdiction) might become the subject
of a claim, action, cause of action, criminal arrest, criminal charge or
08-0
litigation arising out of and/or related to the seNices contained in this
Contract. Failure to provide the notices required by this section is a
material violation of the terms and conditions of this Contract.
V. WORKER'S COMPENSATION
Each party shall be responsible for injuries or death of its own Employees "to the extent
required by law". Each party will maintain worker's compensation insurance or self-
insurance coverage, covering its own Employees while they are providing assistance
pursuant to this Agreement. Each party waives the right to sue any other party for any
worker's compensation benefits paid to its own Employee or their dependents, even if the
injuries were caused wholly or partially be the negligence of any other party or employees.
VI. DAMAGE TO EQUIPMENT
Each Participating Party, to the extent a party is at fault, shall be responsible for damages to
or loss of its equipment while acting within the scope of this Agreement.
VII. CHARGES TO THE REQUESTING PARTY
A. No charges will be levied by a Responding Party to this Agreement for assistance
rendered to a Requesting Party under the terms of this Agreement unless that
assistance continues for a period of more than eight (8) hours, as measured from the
time Responding Party begins to provide assistance after being specifically directed
by the Requesting Party to perform a task or tasks, unless the Requesting Party is
eligible to obtain reimbursement for expenses it incurred during this period from the
United States, the State of Minnesota, or any other source. In that event the
Requesting Party shall take all steps necessary to seek reimbursement to the
Responding Party for the actual cost of any assistance provided during this initial
eight (8) hour period including salaries, overtime, materials and supplies, and other
necessary expenses.
B. If assistance provided under this Agreement continues for more than eight (8) hours,
the Responding Party may submit to the Requesting Party an itemized bill for the
actual cost of any assistance provided after the initial eight (8) hour period, including
salaries, overtime, materials and supplies and other necessary expenses; and the
Requesting Party shall reimburse the party providing the assistance for that amount.
C. The ability to levy such charges is not contingent upon the availability of federal or
state government funds to reimburse the charges.
VIII. DURATION
This Agreement will commence upon execution by all eleven (11) original Participating
Parties and shall terminate December 31, 2011, unless terminated sooner pursuant to section
XI herein. This Agreement will only apply to those parties who have lawfully executed the
document and returned a copy to:
Hennepin County Public Health Emergency Preparedness
U?8,~ '7
Attention: Emergency Preparedness Unit Supervisor
1011 First Street South, Suite 215
Hopkins, MN 55343
(612) 543 -5220
IX. MERGER AND MODIFICATION
A. It is understood and agreed that the entire Agreement between the parties is
contained herein and that this Agreement supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof.
Pursuant to the terms of the TWIN CITIES PUBLIC HEALTH
DEPARTMENTS IN MINNESOTA PUBLIC HEALTH MUTUAL AID
AGREEMENT, the original participating parties hereby give notice that said
PUBLIC HEALTH MUTUAL AID AGREEMENT is terminated and shall be
replaced in entirety by this Agreement. All items referred to in this
Agreement are incorporated or attached and are deemed to be part of this
Agreement. The matters set forth in the "WHEREAS" clauses at the
beginning of this Agreement are by this reference incorporated into and
made a part of this Agreement.
B. Any alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an
amendment to this Agreement signed by the parties hereto.
X. COMMAND AND CONTROL
The Requesting Party shall command the mutual aid scene and provide direction to
Employees of each Responding Party. A party shall not be considered to be either a
temporary or permanent employee of the other parties except as specifically described in this
Agreement.
XI. DEFAULT AND WITHDRAWAL
A. If a party fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement, this shall
constitute a default. Unless the party's default is excused by the other parties, the
non-defaulting parties may by majority, vote to remove the defaulting party by
providing written notice of termination of the Agreement as to the defaulting party
only. Any such removal or termination of this Agreement shall become effective
upon the sending of such notice and will not cancel any obligations incurred by any
party prior to such termination.
B. Any party may withdraw from this Agreement with or without cause by providing
thirty (30) days' prior written notice to the other parties herein. Withdrawal shall not
discharge any liability incurred by any Party prior to withdrawal. Such liability shall
continue until discharged by law or agreement.
(of3.~ ;g
C. The terms of Sections II, III, IV, V, VI, X, XII, and XIII shall survive the expiration,
termination or withdrawal from this Agreement
XII. RECORDS - AVAILABILITY/ACCESS
To the extent required by Minnesota Statutes Section 16C.05, Subd. 5 (as may be amended),
the parties agree that the any party, the State Auditor, the Legislative Auditor or any of their
duly authorized representatives, at any time during normal business hours, and as often as
they may reasonably deem necessary, shall have access to and the right to examine, audit,
excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to
the accounting practices and procedures of the other parties and involve transactions relating
to this Agreement. Such materials shall be maintained and such access and rights shall be in
force and effect during the period of the Agreement and for six (6) years after its termination
or cancellation.
XIII. DATA PRIVACY
Each party, its employees, agents, owners, partners, and subcontractors agree to abide by the
provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter
13, the Health Insurance Portability and Accountability Act and implementing regulations, if
applicable, and all other applicable state and federal laws, rules, regulations and orders
relating to data privacy or confidentiality, and as any of the same may be amended. Each
Party agrees to defend, indemnify and hold harmless the other parties, their elected and
appointed officials, officers, agents, employees, and volunteers from any claims resulting
from a party's officers', agents', owners', partners', employees', volunteers', assignees' or
subcontractors' unlawful disclosure and/or use of such protected data. The terms of this
paragraph shall survive the cancellation or termination of this Agreement.
XIV. COMPLIANCE
Participating Parties shall comply with all applicable federal, state and local statutes,
regulations, rules and ordinances in force or hereafter enacted.
XV. EXECUTION
Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date
indicated.
XVI. ADDITIONAL PARTIES AND COUNTERPARTS
A government unit, on behalf of its local public health and/or environmental health entity,
may join this mutual aid Agreement and thereby become a Participating Party upon approval
of the new government unit by a majority of the Participating Parties, through their
governing body or their duly authorized designee, and execution of a copy of this Mutual
Aid Agreement by the joining governing body.
This Mutual Aid Agreement may be executed in any number of counterparts, each
counterpart for all purposes being deemed an original and all such counterparts shall
together constitute one and the same agreement.
, f) C1\
{por
XVII, CONTRACT ADMINISTRA nON
In order to coordinate the services so as to accomplish the purposes of this Agreement, each
Participating Party's Director of Public Health, Director of Environmental Health, or
equivalent counterpart, shall be the contact person for each Participating Party under this
Agreement A Participating Party may designate someone other than the Director of Health,
Director of Environmental Health, or equivalent, as the contact person by providing written
notice to all other Participating Parties.
r.o{3-JO
A SIGNATURE PAGE FOR EACH PARTY SHALL BE A TTACHED
G)o-II
The Hennepin County Board of Commissioners having duly approved this Agreement on the
day of , 200_, and pursuant to such approval, the proper County
officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein
set forth.
COUNTY OF HENNEPIN
By:
Assistant/Deputy/County Administrator
Date:
By:
Chair of its County Board
Date:
ATTEST:
By:
Deputy/Clerk of the County Board
Date:
Reviewed by the County Attorney's Office
By:
Date:
CITY or COUNTY OF
By:
Title of Official
Date:
By:
Title of Official
Date:
Reviewed and approved by the
City or County Attorney.
By:
Title
Date:
1of5- / d-
tv 6-/3
Exhibit A
Participating Parties to the Agreement:
I) Original signers to the Twin Cities Public Health Mutual Aid Agreement: Community Health Boards in
the Twin Cities 7-County metro area.
Anoka County
City of Bloomington
Carver County
Dakota County
City of Edina
Hennepin County
City of Minneapolis
Ramsey County
City of Richfield
Scott County
Washington County
2) Possible additional signers as of October 2007; other governmental units as defined by applicable statute
including but not limited to political subdivisions, municipalities or other governmental units with
environmental health or public health services or resources.
City of Brooklyn Park
City of Crystal
City of Hopkins
City of Maplewood
City of Minnetonka
City of St. Louis Park
City of St. Paul
City ofWayzata
University of Minnesota
AGENDA SECTION:
AGENDA ITEM #
REPORT #
CONSENT
6C
21
STAFF REPORT
CITY COUNCIL MEETING
JANUARY 22, 2008
REpORT PREPARED By:
BETSY OSBORN, SUPPORT SERVICES
DIVISION
NAMl:; TnLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
Ef
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration and approval of a 2008 contract with the City of Bloomington, using public
health emergency preparedness grant funds distributed by a federal grant from the Centers for
Disease Control, to provide services in the area of public health emergency
preparedness/bioterrorism and the development of a response system.
1. RECOMMENDED ACTION:
By Motion:
· Approve the 2008 contract with the City of Bloomington, using
federal grant funds, to provide services in the area of public
health emergency preparedness/bioterrorism (PHEP) and the
development of a response system.
· Review and approve participation based on the attached grant
responsibilities.
I II. BACKGROUND I
The State of Minnesota has received funds from the federal government (Centers
for Disease Control) to be used in developing agencies' public health emergency
preparedness/response to bioterrorism. This is part of a nationwide effort to
respond to serious public health emergencies. There are specific requirements in
0122 Bloomington PHEP Contract
the grant in the areas of coordination, assessment, planning and exercise, response
surveillance, Health Alert Network, risk communication and training. Those grant
responsibilities are attached for your review.
The City of Richfield will receive $54,348 for the grant cycle, which runs from
August 31, 2007 to August 9, 2008. The contract with the City of Bloomington for
this same period of time is in the amount of $45,672. "
Richfield has pooled these federal grant dollars with Bloomington and Edina with a
portion of these funds to support a Public Health Emergency Preparedness
Coordinator for the three cities. Lisa Brodsky, Public Health Emergency
Preparedness Coordinator, is representing the Tri City area (Bloomington, Edina
and Richfield) and has been meeting with Richfield and Edina health staff to plan
and develop the requirements of the grant funds.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The City of Richfield became a Local Public Health Agency (LPHA) in
1977, which makes the City eligible to receive these grant funds to
use in the development of a public health emergency response
system.
I B. CRITICAL ISSUES I
. These funds are part of a nationwide effort by the Federal government
to respond to serious public health emergencies, to include threats of
bioterrorism.
I C. FINANCIAL I
. Funds being used are those given to Richfield as a LPH agency, from
the federal government, to develop a system for responding to public
health emergency preparedness, bioterrorism threats.
I D. LEGAL I
. The City must comply with the requirements of the grant in order to
receive grant funds.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. The City Council could decide not to approve the contract with the City of
Bloomington for the services of a Public Health Emergency Preparedness
Coordinator in developing a public health emergency
preparedness/bioterrorism plan. This would mean that the City could have to
hire a staff person to assume some of the grant's responsibilities, which
cannot be met with current City staffing levels and would result in a budget
increase.
I V. ATTACHMENTS I
. City of Bloomington Public Health Preparedness/bioterrorism contract
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None
(pC ~I
AGREEMENT BETWEEN
THE CITIES OF BLOOMINGTON AND RICHFIELD
FOR PUBLIC HEALTH PREPAREDNESS AND RESPONSE TO
BIOTERRORISM
THIS AGREEMENT, is made and entered into this _ day of
, by and between the City of Bloomington, a
Minnesota municipal corporation, in the County of Hennepin, State of Minnesota
("Bloomington"), and the City of Richfield, a Minnesota municipal corporation, in the
County of Hennepin, State of Minnesota ("Richfield").
WITNESSETH:
WHEREAS, Bloomington warrants and represents that its Division of Public
Health is a duly certified public health agency operating in accordance with all
applicable federal and state requirements; and
WHEREAS, Bloomington's Division of Public Health provides public health
emergency preparedness services to respond to bioterrorism, infectious diseases,
and other threats to public health including, but not limited to coordination,
assessment, planning and exercise, response, surveillance, Health Alert Network,
training and pandemic influenza planning (hereinafter referred to as "PH
Emergency Preparedness Services"); provides services and activities to improve
the mass dispensing of medicines and medical supplies through the Cities
Readiness Initiative (hereinafter referred to as "CRI Duties"); and
WHEREAS, Richfield wishes to promote, support, and maintain the health of
its residents by providing public health emergency preparedness including
pandemic influenza planning activities and Cities Readiness Initiative, and to
contract with Bloomington, through its Division of Public Health, to provide such
services to residents of Richfield;
NOW, THEREFORE, the parties hereto, and for consideration of the
covenants hereinafter set forth, agree as follows:
Services:
a. Coordination
1) Liaison with the Minnesota Department of Health (hereinafter
referred to as "MDH"), Hennepin County, and regional
planning groups.
2) Update the Richfield Community Health Administrator on a
regular basis.
3) Assist in the completion of quarterly and annual reports, as
requested.
4) Meet with local public health emergency advisory committee
and/or elected officials, as requested.
b. Leadership
1) Assign key preparedness roles to staff and keep contact
information current on designated locations on the MDH
Workspace.
2) Participate in local public health emergency advisory
committee as requested. This group may also serve as a local
public health emergency advisory committee.
(pCP' 3
3) Provide leadership for public health preparedness activities in
the community by developing relationships with community
partners at the local, regional and state level.
4) Work with local and regional partners (e.g., other public health
agencies, hospitals, emergency managers, clinics, first
responders) to develop and/or clarify roles and responsibilities
for public health emergencies and the public health role in all
hazards.
c. Assessment
1) Participate in the identification of potential public health
hazards and the capacity to respond.
2) Assist with or support necessary assessments and
prioritization of needs that are conducted or required by
Richfield, other local, state and federal agencies.
d. Planninq
1) Provide planning coordinator services for PH Emergency
Preparedness Services.
2) Assist in the development and/or maintenance of the
Richfield emergency operations plan.
3) Develop and maintain the public health all-hazard operation
plan that is National Incident Management System (NIMS)
compliant, addresses continuity of operations, is
coordinated with other local, regional and state plans, and
describes relationships with community partners.
4) Evaluate and refine components of the public health all-
hazard operation plan (including pandemic influenza).
5) Work in conjunction with hospital and health care systems
to address medical surge, including planning to identify the
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location, set-up, staffing and operation of off-site or alternate
care sites during public health emergencies (including
pandemic influenza).
6) Develop or maintain a local plan (as part of Richfield's
operations plan) for providing essential services and
monitoring capabilities (if applicable) to persons in isolation
and quarantine.
7) Participate in regional and local planning efforts to
effectively manage the Centers for Disease Control (CDC)
Strategic National Stockpile (SNS) should it be deployed to
your jurisdiction.
8) Improve local mass dispensing plans (including distribution
and/or dispensing of pandemic influenza vaccines and
antivirals) and assure coordination with regional distribution
and SNS planning. Submit an electronic version of the SNS
Mass Dispensing Plan by February 15, 2008.
e. Surveillance and Monitorinq
1) Implement disease-reporting protocols, as outlined in the
Infectious Disease Prevention and Control Common Activities
Framework.
2) Receive and evaluate urgent local disease reports from MDH
on a 24/7 basis.
3) Maintain and develop relationships with local providers and
reporting sources to enhance surveillance and
reporting.
4) Share public health emergency preparedness and reportable
disease information.
5) Assist in the provision of training of local providers and
reporting sources.
roc;t)
6) Continue to work with local providers and reporting sources
on the implementation and use of an immunization registry
(Minnesota Immunization Information Connection, hereinafter
referred at as "MIIC") to better support its widespread use in
an emergency.
f. Response and Recoverv
1) Assist Richfield in responding to all threats to the public's
health and participate in recovery to events in Richfield's
jurisdiction, according to Richfield's established operation
plans.
g. Education and Training
1) Participate in the development and implementation of a local
and/or regional training plan which is specific to the needs of
local public health staff and consistent with NIMS. Assure
personnel who are likely to assume incident command team
or chief positions in the local or regional Emergency
Operations Center have completed NIMS training (National
Integration Center Incident Command System 100,200,300,
400, 700, 800).
2) Assure all-hazard incident management capability by assuring
training of appropriate public health staff.
3) Assure public health responders are protected through
appropriate Personal Protective Equipment (PPE),
vaccination, prophylaxis and mental health support.
4) Assist with the development or maintenance of a system to
activate and deploy all or a segment of Richfield's workforce
necessary to respond to a public health emergency.
5) Assist with the identification and recruitment of a volunteer
health workforce that can be called upon during a public
(p C~~(p
health emergency and is coordinated with other local, regional
and state volunteer management systems.
6) Identify an agency point of contact for education to become
familiar with and utilize MN.TRAIN (or other STATE approved
learning management system) so that it is fully operational by
the end of the grant period.
h. Exercises
1) Assist in exercising a system to activate and deploy all or a
segment of the agency workforce necessary to respond to a
public health emergency. Richfield must conduct a minimum
of one (1) Staff Notification and Activation Exercise for their
city.
2) Participate in state 24/7 alerting tests.
3) Assist with exercising the risk communication component of
the Richfield's operations plan that includes strategies for
communicating with special populations.
4) Ensure that the local Health Alert Network (HAN) is effective
and accurate by conducting one (1) test of the local HAN
during the grant period. Richfield must also conduct a
minimum of one (1) HAN test.
5) Participate in the state led pandemic influenza exercise for
mass vaccination.
6) Implement the Homeland Security Exercise Evaluation
Program (HSEEP) to be in compliance with exercise
development and evaluation standards before the end of the
grant period.
7) Notify the MDH exercise coordinator at least 30 days prior to
grantee conducted exercise that engages external partners.
ro t ~/~
8) Create and implement an exercise plan for Bloomington,
Edina and Richfield (public health, emergency management
and health care providers).
I. Communications
1) Reply to all time-sensitive and urgent state health alert
messages within two hours of receipt.
2) Transmit the state's health alert messages to local health alert
networks (when appropriate) within two hours of receipt.
3) Assist with assuring that a system is in place to provide
information to elected officials and the public, the media, and
community partners in the event of a public health emergency
when the electronic power grid, telephone, cellular services,
and internet services are unavailable.
4) Assist in the development and maintenance of the risk
communication component of Richfield's operations plan that
includes strategies for communicating with special
populations.
(5) Assist with the provision of or support of training or technical
assistance to the general public, local businesses, schools,
community groups, and health care providers, in coordination
with local emergency management.
3. Bloomington, through its Division of Public Health, agrees to provide residents
of Richfield with the following CRI services:
a. Continue to develop and augment scalable plans with supporting
infrastructure to provide oral medications during an event to their entire
population within 48 hours.
b. Participate in the development of plans to provide prophylaxis through
alternate methods to increase population throughput and to decrease
the burden on the point of distribution (POD).
{p c-~~
c. Quantify and project existing and needed staff and volunteer capacity for
scalable mass dispensing scenarios affecting Richfield and the region.
This should include offering ongoing staff training and volunteer
recruitment and training via Medical Reserve Corps (MRC) or MN
Responds.
d. Develop or refine plans for mass prophylaxis of special populations,
including assessment of locations and needs, communication methods
to agencies serving special populations, and outreach and training on
prophylaxis distribution in facilities.
e. Develop or refine security and transportation plans with local emergency
management and law enforcement.
f. Work with the MDH and the Wisconsin Department of Health to develop
public information materials for the SNS/CRI, including methods for
public summoning, POD signage, fact sheets, and other relevant
materials.
g. Participate in CRI coordination meetings (including border-county
meetings with Wisconsin, as appropriate) to engage in the exchange of
CRI information, update plans, and network to improve CRI program
success.
h. Participate in exercises being planned or scheduled during the grant
year.
I. Participate in discussion/exercises for multi-agency coordination among
local public health incident managers as appropriate.
J. Participate in mass dispensing workgroups, MRC workgroups, and other
workgroups, as appropriate.
k. Schedule agency's plan review and local assessment before April 1,
2008 and complete the plan review and local assessment by June 30,
2008.
{p C- ~[1
4. Bloomington shall assist in completing progress reports and the final report
in the manner specified by the MDH. However, Richfield is responsible for
completing all financial reports and submitting all reports to MDH.
5. Bloomington shall provide the PH Emergency Preparedness Services
(including Pan Flu Duties) and CRI pursuant hereto on a confidential basis,
using capable, trained professionals.
6. All PH Emergency Preparedness Services (including Pan Flu Duties) and
CRI Duties to be rendered hereunder by Bloomington shall be rendered
pursuant to and subject to public health policies, rules, and procedures now
or hereafter, from time to time, adopted by the Bloomington City Council,
and in full compliance with all applicable state and federal laws, provided,
however, that (i) no policy, rule, or procedure hereafter adopted by the
Bloomington City Council shall in any way affect, modify, or change the
obligations, duties, liabilities, or rights of the parties hereto as set out in this
Agreement, or reduce or detract from the kind, quality, and quantity of PH
Emergency Preparedness Services (including Pan Flu Duties) and CRI
Duties to be provided hereunder by Bloomington to residents of Richfield,
and (ii) all such policies, rules and procedures shall be uniformly applied to
all persons receiving services from Bloomington, whether residents of
Richfield or Bloomington, Richfield agrees to adopt the same policies, rules
and procedures as are from time to time adopted by Bloomington, if
determined by Richfield to be necessary or desirable to facilitate or regulate
the provision of PH Emergency Preparedness Services (including Pan Flu
Duties) and CRI Duties by Bloomington to residents of Richfield pursuant
hereto.
7. Richfield agrees to pay Bloomington $37,247 ($24,627 for Emergency
Preparedness funds plus $12,620 for Pan Flu funds) for the provision of PH
Emergency Preparedness Services, and $8,425 for CRI Duties during the
term of this Agreement, for the total amount of $45,672 on terms as follows:
(pC-jO
a. Bloomington shall bill Richfield for PH Emergency Preparedness
Services (including Pan Flu Duties) and CRI Duties. Payment shall be
made within fifteen (15) days of receipt by Richfield of Bloomington's
invoice.
b. No payment or payments need be made by Richfield under this
Agreement while Bloomington is in default under any of the terms and
conditions hereof.
8. In the event Richfield desires to inspect the financial books and records of
Bloomington related to the providing of PH Emergency Preparedness
Services (including Pan Flu Duties) and CRI Duties hereunder by
Bloomington, Bloomington shall make its financial books and records
available at the Bloomington City Hall for inspection and copying by
Richfield, or any agent, employee, or representative of Richfield, at
reasonable business hours. .
9. It shall be the sole responsibility of Bloomington to determine the
qualifications, functions, training, and performance standards for all health
service personnel who render PH Emergency Preparedness Services
(including Pan Flu Duties) and CRI Duties under this Agreement; provided,
however, that Bloomington agrees that all such personnel shall be capable,
trained professionals.
10. Bloomington's Division of Public Health will communicate with Richfield
relative to PH Emergency Preparedness Services (including Pan Flu Duties)
and CRI Duties to be performed hereunder by Bloomington, such
communication to be in the form of reports, conferences, or consultations,
as the respective Richfield departments shall request.
11. Bloomington also agrees to send to Richfield quarterly reports describing
the activities performed and PH Emergency Preparedness Services
(including Pan Flu Duties) and CRI Duties rendered pursuant to this
Agreement. Such report shall be in such detail and form as Richfield may
10(:--1 J
reasonably request. Also, at Richfield's request, made not more than two
(2) times during the term of this Agreement, responsible administrative
officers of Bloomington's Division of Public Health shall attend meetings of
the Richfield City Councilor appropriate board or commission to answer
questions and give further information relative to the activities performed
and PH Emergency Preparedness Services (including Pan Flu Duties) and
CRI Duties rendered under this Agreement.
12. Bloomington hereby agrees to maintain in force its present policy of
comprehensive general liability insurance in compliance with Minnesota
Statutes, Section 466, and professional liability coverage in the amount of
one million dollars ($1,200,000) per occurrence and one million dollars
($1,200,000) in aggregate for the term of this contract. A copy of the
policies shall be furnished to Richfield. Said policy shall be with an
insurance company authorized to do business in Minnesota.
13. The parties agree to comply with the following laws and regulations:
a. ADA. Richfield agrees to comply with the Americans With Disabilities
Act and agrees to hold harmless and indemnify the City of Bloomington
from costs, including but not limited to damages, attorney's fees and staff
time, in any action or proceeding brought by third parties alleging a
violation of ADA by Richfield. Bloomington agrees to hold harmless and
indemnify Richfield from costs, including but not limited to damages,
attorney's fees and staff time, in any action or proceeding brought by
third parties alleging a violation of ADA by Bloomington. The City of
Bloomington does not discriminate on the basis of disability in the
admission or access to, or treatment or employment in, its services,
programs, or activities. Bloomington has designated coordinators to
facilitate compliance with the Americans With Disabilities Act of 1990
(ADA), as required by Section 35.107 of the U.S. Department of Justice
regulations, and to coordinate compliance with Section 504 of the
rDL -~ i d--
Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S.
Department of Housing and Urban Development regulations. For
information contact the Human Services Division, City of Bloomington,
1800 Old West Shakopee Road, Bloomington, Minnesota 55431;
telephone (952) 563-8700; TTY: (952) 563-8740.
b. Human Riqhts. The parties agree to comply with the Minnesota State
Human Rights Act, Minnesota Statutes, Section 363.
14. Non-Assiqnment. The parties agree this Agreement shall not be assignable
except at the written consent of both parties.
15. Scope of Aqreement. This Agreement represents the entire Agreement
between Richfield and Bloomington and supersedes and cancels any and all
prior agreements or proposals, written or oral, between the parties relating
to the subject matter hereof; and amendments, addenda, alterations, or
modifications to the terms and conditions of this Agreement shall be in
writing and signed by both parties.
16. Data Practices. Each party will comply with all applicable provisions of the
Minnesota Government Data Practices Act, Chapter 13 of the Minnesota
Statutes.
17. Indemnification.
a. Richfield shall defend, indemnify, and hold harmless Bloomington, its
officials, employees, volunteers and agents, from any and all claims,
causes of action, lawsuits, damages, losses, or expenses, including
attorney fees, arising out of or resulting from Richfield's (including its
officials, employees, volunteers or agents) performance of the duties
required under this Agreement.
b. Bloomington shall defend, indemnify, and hold harmless Richfield, its
officials, employees, volunteers and agents, from any and all claims,
causes of action, lawsuits, damages, losses, or expenses, including
attorney fees, arising out of or resulting from Bloomington's (including its
/- C I Q
l(:) P ?
officials, employees, volunteers or agents) performance of the duties
required under this Agreement.
c. Liability for Richfield and Bloomington shall be governed by the
provisions of the Municipal Tort Claims Act, Minnesota Statutes, Chapter
466. Nothing in this Section is intended or shall operate as a waiver of
any defenses or limitations on liability available under the Municipal Tort
Claims Act, Minnesota Statutes, Chapter 466. The provisions of this
Section are not intended for the benefit of any third party.
18. Mediation. The parties agree to submit all claims, disputes and other
matters in question between the parties arising out of or relating to this
Agreement to mediation. The mediation shall be conducted through the
Mediation Center, 1536 Hewitt Avenue, St. Paul, Minnesota 55104. The
parties hereto shall decide whether mediation shall be binding or non-
binding. If the parties cannot reach agreement, mediation shall be non-
binding. In the event mediation is unsuccessful, either party may exercise
its legal or equitable remedies and may commence such action prior to the
expiration of the applicable statute of limitations.
IN WITNESS WHEREOF, the parties have hereunto set their hands on the
dates written below.
CITY OF BLOOMINGTON:
Dated:
By:
Its Mayor
Dated:
By:
Its City Manager
Reviewed and approved by the City
Attorney.
City Attorney
Dated:
Dated:
0C~~/lf
CITY OF RICHFIELD:
By:
By:
Its Mayor
Its City Manager
AGENDA SECTION:
AGENDA ITEM #
REPORT #
CONSF.N'I'
6n
22
STAFF REPORT
CITY COUNCIL MEETING
JANUARY 22,2008
REPORT PREPARED By:
BETSY OSBORN, SUPPORT SERVICES
DIVISION MANAGER
HAM/i, TlT!)i
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
[]
"
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Approval of the continuation of the agreement with the City of Bloomington for the provision of
public health services for the City of Richfield for the year 2008.
1. RECOMMENDED ACTION:
By Motion: Approve the continuation of the agreement with the City
of Bloomington for the provision of public health nursing services for
the City of Richfield for the year 2008.
I II. BACKGROUND I
In 1977, The State of Minnesota enacted the Community Health Services Act, which
transferred the responsibility for the administration of public health programs to local
jurisdictions. The state also provided funds for the program and encouraged local
jurisdictions to increase the efficiency of their programs by grouping together.
Richfield and Edina entered into a joint power agreement with Bloomington, and the
program has been administered under that agreement since that time.
The contract amount for providing public health nursing services in 2008 reflects a
4% increase over the 2007 contract amount. This isdue to cost increases as it
relates to salaries and benefits. The contract for 2008 is $185,850 while the
contract amount for 2007 was $178,701.
0122 Bloomington Health Nursing Services Agreement for 2008
In 2004, changes were made to the Community Health Services Act at the State
level to make reporting and accountability recordkeeping more efficient. Those
changes also "regrouped" a large number of funding sources into one, which gives
more personalization of the funds for the best specific use of dollars within the
community. It is now referred to as the Local Public Health Subsidy.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
· The City of Bloomington has sufficient resources to provide a
professional level of public health services to Richfield residents.
· Annual evaluations of their services has shown that they are providing
effective services in a very cost-efficient manner and that Richfield
residents receiving their services are very satisfied.
I B. CRITICAL ISSUES
· None
I C. FINANCIAL
· None
I D. LEGAL
· None
I IV. AL TERNA TIVE RECOMMENDA TIONe s) I
· The Council could decide to have Richfield provide its own public health
nursing services. The cost of hiring the nursing staff necessary to provide
the same level of services and administrative support would be more than
our current expenditures, and would require a budget increase.
· The Council could decide to compensate the City of Bloomington at a lower
rate, which would require designated reductions in services or programs.
I V. ATTACHMENTS I
· 2008 Bloomington Public Health contract
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
· None
loD~{
AGREEMENT BETWEEN
THE CITIES OF BLOOMINGTON AND RICHFIELD
TO PROVIDE COMMUNITY HEALTH SERVICES
THIS AGREEMENT, made and entered into this _ day of
, by and between the City of Bloomington, a Minnesota municipal corporation, in
the County of Hennepin, State of Minnesota ("Bloomington"), and the City of Richfield, a
Minnesota municipal corporation, in the County of Hennepin, State of Minnesota
("Richfield").
WITNESSETH:
WHEREAS, Bloomington warrants and represents that its Division of Public Health
is a duly certified public health agency operating in accordance with all applicable federal
and state requirements; and
WHEREAS, Bloomington's Division of Public Health provides community health
services, including, but not limited to public health nursing services (including home
visiting), public health clinics, health education, health promotion services, disease
prevention and control, health planning, and program administration; and
WHEREAS, Richfield wishes to promote, support, and maintain the health of its
residents by providing community health services such as health education, communicable
disease programs, public health nursing services, health assessment, counseling,
teaching, and evaluation in the community, home and clinic setting at a nominal fee to
those making use of such services, and to contract with Bloomington for Bloomington,
through its Division of Public Health, to provide such services to residents of Richfield; and
WHEREAS, the governing bodies of Bloomington and Richfield are authorized by
Minnesota Statutes, Section 145A.04, Subdivision 5, and by Minnesota Statutes, Section
471.59, Subdivision 10, to provide community health services and to enter into agreements
with each other for the providing by Bloomington of community health services to residents
of Richfield; and
Co D- d-
WHEREAS, through this contractual arrangement the provision of community health
services will enable Richfield to document progress toward the achievement of statewide
outcomes, as stated in Minnesota Statutes, Section 145A.1 0, Subdivision 5.
NOW, THEREFORE, the parties hereto, and for consideration of the covenants
hereinafter set forth, agree as follows:
1. Bloomington, through its Division of Public Health, agrees to provide residents of
Richfield with community health services (hereinafter called "Health Services"), which
includes activities designed to protect and promote the health of the general population
within a community health service area by emphasizing the prevention of disease, injury,
disability, and preventable death through the promotion of effective coordination and use of
community resources, and by extending health services into the community.
2. In addition, Bloomington will also provide Maternal Child Health services which
include services provided to women of childbearing age, infants, children and adolescents
and to provide services to women and children who qualify for TANF (Temporary
Assistance to Needy Families) services. The payment for these additional services is
made directly to Bloomington from the Minnesota Department of Health; these grant
dollars ($45,153.00) are not part of this Agreement.
3. Bloomington agrees to provide community health services to the residents of
Richfield utilizing the same quality and kind of personnel, equipment and facilities as health
services are provided and rendered to residents of Bloomington.
4. Bloomington shall provide the health services pursuant hereto on a confidential
basis, using capable, trained professionals.
5. All Health Services to be rendered hereunder by Bloomington shall be rendered
pursuant to and subject to public health policies, rules, and procedures now or hereafter,
from time to time, adopted by the Bloomington City Council, and in full compliance with all
applicable state and federal laws, provided, however, that (i) no policy, rule, or procedure
hereafter adopted by the Bloomington City Council shall in any way affect, modify, or
change the obligations, duties, liabilities, or rights of the parties hereto as set out in this
Agreement, or reduce or detract from the kind, quality; and quantity of Health Services to
{p {)~-:3
be provided hereunder by Bloomington to residents of Richfield, and (ii) all such policies,
rules and procedures shall be uniformly applied to all persons receiving Health Services
from Bloomington, whether residents of Richfield, Bloomington, or any other municipality.
Richfield agrees to adopt the same policies, rules, and procedures as are from time to time
adopted by Bloomington, if determined by Richfield to be necessary or desirable to
facilitate or regulate the provision of Health Services by Bloomington to residents of
Richfield pursuant hereto.
6. Richfield agrees to pay Bloomington, for the provision of Health Services
pursuant hereto, amounts and on terms as follows:
a. The annual sum of $185,850 shall be paid in quarterly payments of
$46,462.50 to Bloomington within fifteen (15) days of the receipt by Richfield of each of the
reports to be given pursuant to Paragraph 6.B hereof, subject, however, to the provisions
of Paragraph 6.C hereof.
b. On April 15, July 15, and October 15, 2008 and on January 15, 2009,
Bloomington shall send Richfield a statement, certified by the person in charge of
Bloomington's Division of Public Health as being true and correct, and covering the period
of three (3) calendar months preceding the month in which the report is given, and setting
forth, in such detail as Richfield shall reasonably require, the numbers of persons served,
the kinds of Health Services delivered, the locations where such services were delivered,
and such other information as Richfield shall reasonably request.
c. No payment or payments need be made by Richfield under this Agreement
while Bloomington is in default under any of the terms and conditions hereof.
7. In the event Richfield desires to inspect the financial books and records of
Bloomington related to the providing of Health Services hereunder by Bloomington,
Bloomington shall make its financial books and records available at the Bloomington City
Hall for inspection and copying by Richfield, or any agent, employee, or representative of
Richfield, at reasonable business hours.
8. It shall be the sole responsibility of Bloomington to determine the qualifications,
functions, training, and performance standards for all health service personnel who render
&/ D- tf
Health Services under this Agreement; provided, however, that Bloomington agrees that all
such personnel shall be capable, trained professionals.
9. Bloomington's Division of Public Health will communicate with Richfield relative
to Health Services to be performed hereunder by Bloomington, such communication to be
in the form of reports, conferences, or consultations, as the respective Richfield
departments shall request. All reports relating to the providing of Health Services that are
given by Bloomington's Division of Public Health to the Bloomington City Councilor to the
City Manager during the term of this Agreement shall also, and at the same time, be given
to Richfield.
10. Bloomington also agrees to send to Richfield an annual report describing the
activities performed and Health Services rendered pursuant to this Agreement. Such
report shall be in such detail and form as Richfield may reasonably request. The annual
report shall be sent with and in addition to the last quarterly report acquired by Paragraph
6.B hereof. Also, at Richfield's request, made not more than two (2) times during the term
of this Agreement, responsible administrative officers of Bloomington's Division of Public
Health shall attend meetings of the Richfield City Councilor appropriate board or
commission to answer questions and give further information relative to the activities
performed and Health Services rendered under this Agreement.
11. Bloomington hereby agrees to maintain in force its present policy of
comprehensive general liability insurance in compliance with Minnesota Statutes, Section
466, and professional liability coverage in the amount of one million dollars ($1,200,000)
per occurrence and one million dollars ($1,200,000) in aggregate for the term of this
contract. Said policy shall be with an insurance company authorized to do business in
Minnesota. If requested, the City of Bloomington will provide a certificate of insurance
evidencing such coverage.
12. Bloomington shall further require personal medical malpractice insurance
coverage by its physicians and other health professionals with whom Bloomington has a
contract for professional services.
Co 0-- S-
13. This Agreement shall be for a period of from January 1, 2008, to December 31,
2008, provided that either party may terminate the same by one hundred twenty (120)
days written notice to the other. Upon such termination, all obligations and liabilities of the
parties hereunder shall cease and terminate, except the provisions of Paragraph 12 hereof
shall continue and survive such termination. Also, in the event of termination pursuant
hereto, the quarterly payment next due shall be prorated and paid for only the period
ended on the date of termination, and Bloomington shall send to Richfield, within thirty (30)
days after such termination, a report in the form of, and in lieu of, the annual report
required by Paragraph 10 hereto, and Richfield shall pay such reduced quarterly payment
for the period ended on the date of termination, within fifteen (15) days after receipt of both
such reports.
14. Bloomington and Richfield understand and agree that each of them shall apply
and qualify, independently and separately, for any and all grants, matching funds, and
payment of all kinds from state, federal, and other governmental bodies relating to, or for
the provision of, any or all of the Health Services, and any and all such grants, matching
funds, and payments shall belong to the recipient and be used and applied as the recipient
thereof shall determine, without regard to this Agreement.
15. All notices, reports, or demands required or permitted to be given under this
Agreement shall be in writing and shall be deemed to be given when delivered personally
to an officer of the party to which notice is being given, or when deposited in the United
States mail in a sealed envelope, with registered or certified mail, postage prepaid thereon,
addressed to the parties at the following addresses:
To Bloomington: 1800 West Old Shakopee Road
Bloomington, Minnesota 55431
Attention: City Manager
6700 Portland Avenue South
Richfield, Minnesota 55423
Attention: City Manager
Such addresses may be changed by either party upon notice to the other party given as
To Richfield:
herein provided.
& 0 -~ (p
16. The parties agree to comply with the following laws and regulations:
a. Richfield agrees to comply with the Americans With Disabilities Act and
agrees to hold harmless and indemnify the City of Bloomington from costs, including but
not limited to damages, attorney's fees and staff time, in any action or proceeding brought
by third parties alleging a violation of ADA by Richfield. Bloomington agrees to hold
harmless and indemnify Richfield from costs, including but not limited to damages,
attorney's fees and staff time, in any action or proceeding brought by third parties alleging
a violation of ADA by Bloomington. The City of Bloomington does not discriminate on the
basis of disability in the admission or access to, or treatment or employment in, its
services, programs, or activities. Bloomington has designated coordinators to facilitate
compliance with the Americans With Disabilities Act of 1990 (ADA), as required by
Section 35.107 of the U.S. Department of Justice regulations, and to coordinate
compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section
8.53 of the U.S. Department of Housing and Urban Development regulations. For
information contact the Human Services Division, City of Bloomington, 1800 Old West
Shakopee Road, Bloomington, Minnesota 55431; telephone (952) 563-8700; TTY: (952)
563-8740.
b. The parties agree to comply with the Minnesota State Human Rights Act,
Minnesota Statutes, Section 363.
17. Non-Assiqnment. The parties agree that this Agreement shall not be
assignable except at the written consent of both parties.
18. Scope of Aqreement. This Agreement represents the entire Agreement
between Richfield and Bloomington and supersedes and cancels any and all prior
agreements or proposals, written or oral, between the parties relating to the subject matter
hereof; and amendments, addenda, alterations, or modifications to the terms and
conditions of this Agreement shall be in writing and signed by both parties.
19. Richfield will comply with all applicable provisions of the Minnesota Government
Data Practices Act, Chapter 13 of the Minnesota Statutes.
(p {:; -- 7
20. Both parties shall defend, indemnify, and hold harmless the other party, its
officials, employees, volunteers and agents, from any and all claims, causes of action,
lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting
from either party's (including its officials, employees, volunteers or agents) performance of
the duties required under this Agreement, provided that any such claim, damages, loss or
expense is attributable to bodily injury, sickness, disease, or death or to injury to or
destruction of property including the loss of use resulting therefrom and is caused by any
negligent act or omission or willful misconduct of either party including its officials, agents,
volunteers or employees. Liability shall be governed by the provisions of the Municipal
Tort Claims Act, Minnesota Statutes, Chapter 466.
21. Bloomington and Richfield agree to submit all claims, disputes and other
matters in question between the parties arising out of or relating to this Agreement to
mediation. The mediation shall be conducted through the Mediation Center, 1536 Hewitt
Avenue, 81. Paul, Minnesota 55104. The parties hereto shall decide whether mediation
shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be
non-binding. In the event mediation is unsuccessful, either party may exercise its legal or
equitable remedies and may. commence such action prior to the expiration of the
applicable statute of limitations.
Co Dd 'J
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed and their corporate seal to be affixed hereto the day and year first above written.
Dated:
Dated:
Reviewed and approved by the City
Attorney.
City Attorney
Dated:
Dated:
CITY OF BLOOMINGTON:
By:
Its Mayor
By:
Its Manager
CITY OF RICHFIELD:
By:
Its Mayor
By:
Its Manager
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
6E
23
STAFF REpORT
CITY COUNCIL MEETING
JANUARY 22, 2008
REpORT PREPARED By:
MARK HALL, FLEET AND PARK
MAINTENANCE SUPERVISOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
I2f
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the purchase of three new squad cars,
I. RECOMMENDED ACTION:
By Motion: Approve a purchase order to Monticello Ford in the sum
of $67,728.00 for three new squad cars.
I II. BACKGROUND I
Three full size sedans (Units 2535, 2537, and 2538, all 2005 Crown Victoria's),
being used by the Public Safety Department are scheduled to be replaced in 2008.
These units are fully depreciated and will be replaced with Ford Crown Victoria's.
Purchase of the new vehicles has been coordinated through the State of Minnesota
Cooperative Purchasing Program.
I III. BASIS OF RECOMMENDATION I
[ A. POLICY I
· Monticello Ford has the state contract on the Minnesota State patrol
cars.
012208squads
· The City of Richfield participates in the Minnesota State Cooperative
Purchasing Program.
I B. CRITICAL ISSUES I
. Approval at the January 22, 2008 Council meeting will facilitate
delivery of the new squad cars.
I C. FINANCIAL I
· The approved 2007 Budget contains $81,000 for this purchase.
· Upon delivery of the vehicles, charges for transfer of police equipment
such as radios and logo applications will be deducted from the
remaining funds budgeted for this purchase.
· Funding for these vehicles is in the Garage 2008 Budget.
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.
I IV. ALTERNATIVE RECOMMENDATION(S) I
· Council may delay approval to a later meeting. Delayed approval, however,
will result in delayed delivery.
· No action by Council on this purchase will eventually compromise safety for
police officers driving old squad cars.
I V. ATTACHMENTS
. None
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
· None
AGENDA SECTION:
AGENDA ITEM #
REpORT #
PROP. ORDINANCE
8
24
STAFF REPORT
CITY COUNCIL MEETING
JANUARY 22, 2008
REpORT PREPARED By:
MELISSA POEHLMAN, PLANNING &
ZONING ADMINISTRATOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEw:
~
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Second reading of amendments to Section 800 of the City Code related to off-street parking
permits and site plan review. Regulations regarding off-street parking have largely been
moved to Section 544 of the Zoning Code.
1. RECOMMENDED ACTION:
By Motion: Approve a second 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.
The changes proposed will bring the City Code and Zoning Code into agreement.
The term "off-street parking permit" has been replaced by "site plan review" as itis
012208 - 2nd reading amend OSP
more indicative of the actual process in which the City examines everything from
landscaping to drainage as opposed to just parking availability. Off-street parking
permits/site plan review criteria apply to multi-family, commercial and institutional
properties, not single or two-family residential properties.
The language proposed to be stricken from the City Code is redundant. These
requirements are detailed in the Zoning Code. The proposed changes do not
change the level of review or control that the City has in determining whether or not
a development meets requirements.
I III. BASIS OF RECOMMENDATION I
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
regulations.
I C. FINANCIAL
. N/A
I D. LEGAL I
. A first reading of this ordinance was approved by the Council on
January 8, 2008.
. No public hearing is required.
I IV. ALTERNATIVE RECOMMENDATION(S)
. N/A
I V. ATTACHMENTS
. Ordinance
I VI. PRINCIP AL PARTIES EXPECTED AT MEETING
. N/A
25-1
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 driveways 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 ',vriting 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 shO'.ving the follO\ving information:
(a) the location and dimensions of buildings or structures on the property;
(b) the proposed or present use of such buildings or structures;
(c) the 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 'Nith any public street; as consistent 'Nith 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 size of any proposed lights;
(I) type of surfacing to be used;
012208 - 2nd reading amend OSP
~.~)
storm'lKlter m~magement plan in compliance 'Nith city's stormwater
management requirements for nevv or redeveloped construction;
sediment and erosion control plan; and
other information reasonably required by the Community Development
Director to insure that the proposed parking area will comply with all
applicable provisions of this code and all standard specifications
prepared under Subsection 800.23.
Subd. 3. Permit fee. The permit f€e is fixed in J\ppendix D.
(m)
(n)
(0)
Subd. 11. J\djoining areas: joint application. O\.A,mers of two adjoining areas may join
in an application for a single parking area provided that a cross use agreement is
recorded against the property.
Subd. 5. Issuance of permit: Council action. Upon submission of the application
and payment of the required feG, the City Manager shall submit the application to
the Council 'Nith recommendations. If the Council finds that the proposed parking
area will adequately serve the purpose for which it is proposed and will not have
adverse effect upon the public safety or general \velfare, tho 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 #
RESOLUTION
9
25
STAFF REpORT
CITY COUNCIL MEETING
JANUARY 22, 2008
REpORT PREPARED By:
PAM DMYTRENKO ASSISTANT TO
THE CITY MANAGER
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
~~--~ i'
~/ f.
~~/,e / i
, /
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution approving the contract with the International Union of Operating
Engineers, Local 49 for the contract period January 1,2008 through December 31,2009.
1. RECOMMENDED ACTION:
By Motion: Adopt the resolution approving the provisions of the
2008-09 labor agreement with the International Union of Operating
Engineers, Local 49 bargaining unit and authorize the City Manager to
execute the agreement.
I II. BACKGROUND I
City staff has completed labor negotiations with the International Union of Operating
Engineers, Local 49 (Union). The provisions of the two-year contract for calendar
years 2008 and 2009 cover all of the employees in this Union, which consists of
approximately 40 City employees including Public Works Workers, Mechanics and
Water Plant Operators.
The tentatively approved settlement includes the following significant changes:
Waqes
A 3% across-the-board wage increase, effective January 1 J 2008, with an additional
.5% increase effective the first full pay period in July 2008. The contract calls for a
re-opener of this provision for contract year 2009.
0122 L&T Contract
. Health Insurance
A maximum $30 increase to the Employer health insurance contribution for contract
year 2008 which provides full coverage to single Employee, $730 per month for
Employee plus spouse or Employee plus child(ren) coverage, and $780 per month
for Employee plus family. The contract calls for a re-opener of this provision in
2009.
Clothinq Allowance
Effective January 1, 2008, an increase of $10 in the contribution towards the
purchase of qualifying safety boots for Auto Mechanics from $90 to $100/year and,
for 2009, a $20 increase to $120/year.
Workinq out of Classification
Effective January 1, 2008, a $ .05 increase in the Specialist pay rate from
$1.25/hour to $1.30/hour and, for 2009, to $1.35/hour.
Licensure/Certification Pay
Effective January 1, 2008, an increase to the pyramid cap of concurrent specialized
pay from $1.40/hour to $1.45/hour and, for 2009, to $1.50/hour.
Effective January 1, 2008, a $ .05 increase to the following licensure pay rates, with
an additional $ .05 increase in 2009:
Public Works Certificate from $ .75/hr. to $ .80/hr. in 2008 and to $ .85/hr. in 2009.
Class B Water & Class B Wastewater from $ .55/hr. to $ .60/hr. in 2008 and to
$ .65/hr. in 2009.
Class A Water from $ .70/hr. to $ .75/hr. in 2008 and to $ .80/hr. in 2009.
Boiler license from $ .55/hour to $ .60/hr. in 2008 and to $ .65/hr. in 2009.
Mechanic Test Series from $ .55/hr. to $ .60/hr. in 2008 and to $ .65/hr. in 2009.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The City has met and negotiated in good faith with the Union and its
representatives and is bound under the Public Employer's Labor
Relations Act to meet and bargain over the terms and conditions of
employment.
. The 2008-09 proposed settlement is the second union contract settled
for 2008. It is identical in wage increase to non-union City employees,
and to Firefighters and is identical in health insurance provisions to
non-union employees and Firefighters.
. The 2008-09 contract provisions are within the range for other
comparable bargaining groups in similar metro cities.
I B. CRITICAL ISSUES I
. In order to allow the City's accounting personnel to modify payroll
records in a timely manner for 2008 wages and benefits, it is
recommended that the City Council act on January 22, 2008 to adopt
the attached resolution providing for contract changes, effective
January 1, 2008.
I C. FINANCIAL I
. 3% wage increase effective January 1, 2008 and an additional .5%
increase the first full pay period in July 2008.
. A maximum $30/month increase in the Employer contribution towards
health insurance coverage for 2008.
. A $10 increase in the qualifying safety boot allowance for Auto
Mechanics for contract year 2008 to $100 and a $20 increase in 2009
to $120. The City employs two Auto Mechanics.
. Effective January 1, 2008, a $ .05/hour increase in the Specialist pay
rate to $1.30/hour and an additional $ .05/hour increase for 2009 to
$1.35/hour.
. Effective January 1, 2008, a $ .05/hour increase in the licensure pay
rates for all categories except for Class C Water and Wastewater, and
CDL Class A. An additional increase of $ .05/hour for 2009.
. Effective January 1, 2008, a $ .05/hour increase to the pyramid cap of
concurrent specialized pay to $1.45/hour and an additional $ .05/hour
increase to $1.50/hour in 2009.
I D. LEGAL I
. If the terms of this agreement are not approved, further negotiation
and/or mediation will be necessary.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Do not approve the terms of this agreement and prepare for further
negotiation and/or mediation.
. Defer discussion to another date.
I V. ATTACHMENTS
. Resolution
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None
q -{
RESOLUTION NO.
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49
BARGAINING UNIT FOR THE YEARS 2008-2009
WHEREAS, the City Manager and the International Union of Operating Engineers,
Local 49 have reached an understanding concerning conditions of employment for years
2008-2009; and
WHEREAS, it would be inappropriate to penalize Local 49 members who have
negotiated in good faith; and
WHEREAS, the City Ordinance requires that contracts between the City and the
exclusive representative of the employees in an appropriate bargaining unit shall be
completed by Council resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve
the Labor Agreement between the City of Richfield and International Union of Operating
Engineers, Local 49 Bargaining Unit, for years 2008-2009 under the provisions of the
Labor Agreement to be implemented effective January 1, 2008 and authorize the City
Manager to execute the contract.
Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of
January 2008.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION:
AGENDA ITEM #
REpORT #
OTHER BUSINESS
10
26
STAFF REpORT
CITY COUNCIL MEETING
JANUARY 22, 2008
REpORT PREPARED By:
JIM TOPITZHOFER, RECREATION SERVICES
DIRECTOR
NAME, TITLE
COUNCIL PRESENTER:
NAME, TITLE
REVIEWED BY CITY MANAGER:
DEPARTMENT DIRECTOR REVIEW:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the attached addendum to the existing lease agreement between the City of
Richfield and Hat Trick Hockev Inc.
I. 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.
. The HUB, a nearby retail area was selected to determine a range for similar
rental rates in Richfield. According to Mr. Jason Messner, Valuation
0122 Hat Trick Lease
Counselor for Patchin Messner & Dodd, the net annual lease rate for most of
the retail space at the HUB now ranges from $8.00 to $12.00 per square foot.
The current annual net lease rate for Hat Trick Hockey is $9.32 per square
foot which falls in the middle of the range at the HUB. Currently the HUB is
26% vacant.
Another retail area to compare is Wood Lake Plaza where the annual net
lease rate ranges from $10.00 to $12.00 per square foot which suggests that
Hat Trick has a slighter lower annual net lease rate. Currently Wood Lake
Plaza is 32% vacant. However, both of these facilities are retail locations
characterized as "strip malls" featuring other retail destinations.
In the opinion of Mr. Messner, that when comparing the net lease rate for
similar retail space in Richfield, we may be able to justify a slight increase in
Hat Trick Hockey's annual net lease rate. However, the vacancy rate in the
HUB and Wood Lake Plaza suggest that it may be difficult to find another
lessor to replace Hat Trick Hockey.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The current lease expires on November 30,2008; however, the new
owners are requesting a three-year extension of the lease three years
to November 30,2011.
. The extension of the lease with Hat Trick Hockey is a policy decision
of the City Council.
. If this space is vacant and offered for lease, the City would be
competing with other commercial facilities within Richfield for lease
tenants.
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.
Since Mr. Sachs is not including his inventory in the sale of the
business, the new owners are in the process of purchasing their new
inventory. The new owners have indicated that they have reached the
deadline by their suppliers to receive the new inventory at a reduced
price and have indicated that they will not buy the business unless the
amended lease can be approved by January 22, 2008. Mr. Sachs
indicated that if the new owners do not buy his business now, he will
then plan to discontinue his business and further lease of space next
summer.
I C. FINANCIAL I
. The Ice Arena currently receives revenues in the amount of $17,700
per year from the lease of space to Hat Trick Hockey. Under the
amended lease, the Ice Arena will continue receiving rent revenue in
the amount of $17,700 per year ($1 ,475 per month) until November
30, 2011.
. If the Hat Trick Hockey retail space were vacant it would result in an
additional $17,700 deficit in the Ice Arena operating budget with no
offsetting reduction of costs.
. According to Mr. David Leonidas, accountant for Mr. Sachs, Hat Trick
Hockey has reported an operating loss to the IRS for three of the last
four years. Financial statements were requested of, but not provided
by, Mr. Sachs.
. 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.
. In addition to its monthly lease payments, Hat Trick contributed about
$25,000 toward the initial architectural design costs of the facility.
I D.. LEGAL I
. The City Attorney has prepared the attached lease addendum and the
previously approved lease.
I ALTERNATIVE RECOMMENDATION(S) I
. Approve the lease addendum with a $1.00 increase per square foot
. Do not approve the lease addendum.
. I IV. ATTACHMENTS
. Addendum to Lease Agreement
. Lease Agreement between the City of Richfield and Hat Trick Hockey, Inc.
Iv. PRINCIPAL PARTIES EXPECTED AT MEETING I
. Randy Reed, Steve Sachs and Jon Sachs
. Brandon Klement, Arena Manager.
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ADDENDUM TO LEASE AGREEMENT
THIS ADDENDUM TO LEASE AGREEMENT is entered into on this 22th
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
hereof by 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
Debbie Goettel
Mayor
Attest:
Steven L. Devich
City Manager
By:
TENANT:
Hat Trick Hockey, Inc.
By:
Name:
Title:
32537IvI LKTRCI60-7
1
Kennedy & Graven, Chartered
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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 ifthe Tenant elects in 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$1,475.00 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 of Ten ant 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
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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 offumiture, 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 and 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 Tenant, 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
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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 ofthe 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 noll 00 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.
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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 (subj ect 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%) ofthe 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 ofthe 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 ofthe 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
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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 afternotice thereof by
Landlord, or if the 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 of the Lease on
the part of Tenant (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 ofthe 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-rental 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 remainderofthe 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 ofthe Lease, as the case may be, and
thereafter, Tenant covenants and agrees, if required 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.
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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 of time 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 lO 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 ofthe 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 Ten ant. This limitation shall not prohibit the occasioned sale of hockey related
merchandise by local hockey associations during organized events.
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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 be 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 of the 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 ofthe Leased
Premises, and with any lawful order or direction of any public officer relating to Tenant's use and occupation
of the Leased Premises during the Term ofthe Lease. Nothing herein contained, however, shall prohibit
Tenant from appealing from or contesting the validity or legality 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 ofthe Lease, Tenant may be
required to perform, and the performance thereofby 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 Tenant in the performance of any covenant
10.-(1
or agreement on the part of Tenant to be performed, pursuant to the terms ofthe 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, if so, 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.
Subordination
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
10-- ) ()
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 Avenue, 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.
I 0.- J J
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, Torn 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 #
OTHER BUSINESS
11
27
STAFF REpORT
CITY COUNCIL MEETING
JANUARY 22, 2008
I
I
I REpORT PREPARED By:
I
I
DERICK ANDERSON, CIVIL
ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
ff
ci
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 Proiect.
I II..
BACKGROUND I
The 66th Street and Portland Avenue 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).
0122PortlandRoundabout
I III. BASIS OF RECOMMENDATION
IA.
POLICY I
. The reconstruction of 66th 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.
!D.
LEGAL 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.
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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 .
Construction, Inc. ~ ~ ~ ~ $3,290,041.28
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
Shako pee
Veit & Company, Inc. ~ ~ ~ ~ $2,578,419.57
j J -c~
The City Clerk announced that the bids would be tabulated and considered at the January
8, 2008 City Council Meeting.
City Clerk
Nancy Gibbs
AGENDA SECTION:
AGENDA ITEM #
REpORT #
OTHER BUSINESS
12
28
STAFF REpORT
CITY COUNCIL MEETING
JANUARY 22, 2008
REpORT PREPARED By:
CHERYL KRUMHOLZ, EXEC. COORDINATOR.
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
rt
ITEM FOR COUNCIL CONSIDERATION:
Consideration of appointments to City advisory commissions.
I. RECOMMENDED ACTION:
By motion: Appoint persons to fill the expiring or vacant terms on the
City advisory commissions
I II. BACKGROUND I
Several terms of City commission members expire on January 31,2007. In addition,
there are mid-term vacancies due to resignations that need to be filled. Vacancies were
advertised in the Richfield Sun-Current, on cable television channel 16, the outside
message board at City Hall and Water Plant and the City's Website.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The City advisory commissions were established by City ordinance or
resolution. Terms are for three-years and are staggered. Several terms
expire on January 31 annually. The Council directs the City Manager's
office to conduct a recruitment seeking applicants to fill the vacancies.
Interviews of the applicants are conducted at Special City Council
meetings. These Council meetings were posted in accordance with the
open meeting law requirements.
o 122commission
I B. CRITICAL ISSUES I
. Applicants were interviewed at Special City Council meetings on January 5
and 22, 2008.
. Terms of several commission members expire on January 31,2007.
. There are mid-term vacancies, which need to be filled.
. In order to ensure quorums for future meetings, appointments should be
made on January 22, 2008.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Defer appointments to a later Council meeting.
. If appointments are not made at the January 22 meeting, quorums may not be
present at future meetings.
I V. ATTACHMENTS
. Commission vacancy list
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None.
I J-I
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