112514CompleteAgendaREGULAR CITY COUNCIL MEETING
RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS
NOVEMBER 25, 2014
7:00 PM
INTRODUCTORY PROCEEDINGS
Call to order
Open forum (15 minutes maximum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are
to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the
Council must have registered prior to the meeting.
Pledge of Allegiance
Approval of the minutes of the (1) Special City Council Worksession of November 10, 2014; (2) Special Concurrent City
Council and Planning Commission Worksession of November 10, 2014; and (3) Regular City Council Meeting of
November 10, 2014.
PRESENTATIONS
1. Annual meeting with the Community Services Commission
2. Annual meeting with the Transportation Commission
COUNCIL DISCUSSION
3. Hats off to hometown hits
AGENDA APPROVAL
4. Approval of the agenda.
5. Consent Calendar contains several separate items, which are acted upon by the City Council in one
motion. Once the Consent Calendar has been approved, the individual items and recommended actions
have also been approved. No further Council action on these items is necessary. However, any Council
Member may request that an item be removed from the Consent Calendar and placed on the regular agenda
for Council discussion and action. All items listed on the Consent Calendar are recommended for approval.
A. Consideration of the approval of resolutions amending the 2014-2015 labor agreements with Police Officers
& Detectives (LELS Local 123), and Police Supervisors (LELS Local 162).
Staff Report No. 211
B. Consideration of the approval of a resolution authorizing an accounting change from an Enterprise
(Proprietary) Fund to three Special Revenue Funds for the Recreation Enterprise Fund.
Staff Report No. 212
C. Consideration of the approval of a contract with Graymont (WI), LLC Company for the purchase of 1,400 tons
of quick lime in the amount of $225,330.00 for water treatment in 2015.
Staff Report No. 213
D. Consideration of the approval of a resolution authorizing the 77th St Underpass Project application
submission for Federal Surface Transportation funds under the Regional Solicitation process.
Staff Report No. 214
E. Consideration of the approval of a resolution authorizing the Source Water Protection Plan Implementation
Grant agreement between the City of Richfield and the Minnesota Department of Health.
Staff Report No. 215
6. Consideration of items, if any, removed from Consent Calendar
PUBLIC HEARINGS
7. Conduct and continue public hearing regarding the sale of remnant parcels located at 6245 and 6301
Bloomington Avenue South.
8. City Manager's Report
Staff Report No. 216
CITY MANAGER'S REPORT
CLAIMS AND PAYROLLS
9. Claims and payrolls
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.
10. Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96
hours in advance to the City Clerk at 612-861-9738.
CALL TO ORDER
CITY COUNCIL MINUTES
Richfield, Minnesota
Special City Council Worksession
November 10, 2014
The meeting was called to order by Mayor Goettel at 6:00 p.m. in the Bartholomew Room.
Council Members Debbie Goettel, Mayor; Sue Sandahl; and Tom Fitzhenry.
Present:
Council Members Pat Elliott and Edwina Garcia.
Absent:
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John
Stark, Community Development Director; Jay Henthorne, Public Safety
Director/Police Chief; and Cheryl Krumholz, Executive Coordinator.
Item # 1 DISCUSSION REGARDING THE RENAMING OF 77TH STREET
Mayor Goettel stated she supported the renaming because it was appropriate timing with the
77�" Street underpass project. She stated that Council Members Elliott and Garcia and Tim Carter as
a business representative supported the renaming.
The City Council suggested:
• Skyway Boulevard/Parkway
• Martin Sabo Boulevard
Wold -Chamberlain Boulevard/Parkway
Council Member Sandahl stated there is a policy not to name a street after someone still living
h
but Mr. Sabo, who had a significant impact in obtaining the 77 Street project funding, is retired from
public service and the City Council could make an exception.
The City Council directed staff to gain citizen input on the suggested names through Richfield
Connect and have discussions with impacted businesses, the Chamber of Commerce and the City of
Edina.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:15 p.m.
Date Approved: November 25, 2014
Debbie Goettel
Mayor
Cheryl Krumholz Steven L. Devich
Executive Coordinator City Manager
CALL TO ORDER
CITY COUNCIL MINUTES
Richfield, Minnesota
Special Concurrent City Council
and
Planning Commission Worksession
November 10, 2014
The concurrent worksession was called to order by Mayor Goettel at 6:15 p.m. in the
Bartholomew Room.
Council Members Debbie Goettel, Mayor; Sue Sandahl; and Tom Fitzhenry.
Present:
Council Members Pat Elliott and Edwina Garcia.
Absent:
Planning Commission Rick Jabs, Chair; Tom Rublein; Alison Groebner; and Daniel Kitzenberger.
Present:
Planning Commission Charles Standfuss; Susan Rosenberg; and Gordon Vizecky.
Members Absent:
Staff Present: Steven L. Devich, City Manager; John Stark, Community Development
Director; Jay Henthorne, Public Safety Director/ Police Chief; Melissa
Poehlman, City Planner; Mary Tietjen, City Attorney; and Cheryl Krumholz,
Executive Coordinator.
Item #1 DISCUSSION REGARDING MEDICAL MARIJUANA DISPENSARIES (COUNCIL
MEMO NO. 109)
City Attorney Tietjen provided an overview of the current legislation. She stated cities could
prohibit the sales but it could be challenged because it would be in direct conflict with State law and
convincing rationale would be required.
Community Development Director Stark reviewed the restrictions and regulations that could be
imposed with a conditional use permit.
Public Safety Director/Police Chief Henthorne discussed public safety concerns.
The concurrent worksession was adjourned by unanimous consent at 6:50 p.m.
Date Approved: November 25, 2014.
Cheryl Krumholz
Executive Coordinator
Debbie Goettel
Mayor
Steven L. Devich
City Manager
CALL TO ORDER
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
November 10, 2014
The meeting was called to order by Mayor Goettel at 7:00 p.m. in the Council Chambers.
Council Members Debbie Goettel, Mayor; Sue Sandahl; and Tom Fitzhenry.
Present:
Council Members Pat Elliott and Edwina Garcia.
Absent:
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director;
John Stark, Community Development Director; Jay Henthorne, Public
Safety Director/Police Chief; Jeff Pearson, Transportation Engineer; Mary
Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator.
OPEN FORUM
Mary Barnes, 7544 Bryant Avenue, spoke about the City's delay in repairing the end of her
driveway.
Alicia Leizinger, 7200-14`h Avenue, spoke about prohibiting e -cigarette use in public places.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Sandahl, S/Fitzhenry to approve the minutes of the (1) Special City Council and HRA
Worksession of October 20, 2014; (2) Special City Council Worksession of October 28, 2014; and
(3) Regular City Council Meeting of October 28, 2014.
Motion carried 3-0.
Item #1 PRESENTATION OF THE PUBLIC HEALTH COMMUNITY ASSESSMENT AND
PRIORITIZATION OF COMMUNITY HEALTH NEEDS IN RICHFIELD (COUNCIL
MEMO NO. 111)
Council Meeting Minutes -2- November 10, 2014
Kirsten Johnson, Advisory Board of Health Co-chair, made the presentation.
M/Goettel, S/Sandahl to accept the Richfield Public Health Top Eleven Health Issues work
of the Richfield Advisory Board of Health in the prioritization and assessment process that covers
the 2015-2019 Communitv Health Services Plan.
Motion carried 3-0.
Item #2 ANNUAL MEETING WITH THE PLANNING COMMISSION
Rick Jabs, Chair, provided an update.
Item #3 OATH OF OFFICE TO RECENTLY APPOINTED RICHFIELD PUBLIC SAFETY
DIRECTOR JAY HENTHORNE
Mayor Goettel administered the Oath of Office to Public Safety Director Henthorne.
Item #4 COUNCIL DISCUSSION
• Cancel or reschedule December 23, 2014 Regular City Council Meeting
• Hats Off to Hometown Hits
M/Goettel, S/Sandahl to cancel the December 23, 2014 Regular City Council Meeting.
Motion carried 3-0.
Council Member Sandahl acknowledged the successful September 20 Bike to the Farmers
Market in Richfield, an 1-494 Corridor Commission promotion for alternate forms of transportation.
Council Member Fitzhenry announced the November 19 MAC Noise Oversight Committee
meeting.
Council Member Fitzhenry requested the City Council consider reviewing and revising the
food to liquor ratio requirement for intoxicating liquor licenses.
Item #5 COUNCIL APPROVAL OF AGENDA
M/Sandahl, S/Goettel to approve the agenda.
Motion carried 3-0.
Item #6 CONSENT CALENDAR
A. Consideration of the approval of the first reading of an ordinance increasing the number
of on -sale wine licenses in the City from 12 to 17 S.R. No. 195
B. Consideration of the approval of the first reading of an ordinance increasing the number
of on -sale 3.2 percent malt liquor licenses in the City from 15 to 20 S.R. No. 196
C. Consideration of the approval of the setting of a public hearing to be held on December
9, 2014 for the consideration of the renewal of on -sale wine and on -sale 3.2 percent malt
liquor licenses for 2015 for Last Call Operating Co. 11, Inc. d/b/a/ Champps Americana
(Richfield Ice Arena location), Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle
Council Meeting Minutes -3- November 10, 2014
Mexican Grill, Thompson's Fireside Pizza, Inc. d/b/a Fireside Pizza, Joy's Pattaya Thai
Restaurant, Lariat Lanes, The Noodle Shop Co. Colorado, Inc. d/b/a Noodles and
Company (two locations), Patrick's Bakery & Cafe, Henry Thou d/b/a Red Pepper
Chinese Restaurant S.R. No. 197
D. Consideration of the approval of setting a public hearing to be held on December 9,
2014 for the consideration of the renewal of on -sale intoxicating and Sunday liquor
licenses for 2015 for Last Call Operating Co. II, Inc. d/b/a Champps Americana, Don
Pablo's Operating Corporation d/b/a Don Pablo's, Tejaban Mexica Grill, LLC d/b/a EI
Tejaban Mexican Restaurant, Financial Guidance, Inc. d/b/a Four Points by Sheraton,
Frenchman's Pub, Inc. d/b/a Frenchman's, Wiltshire Restaurants, LLC d/b/a Houlihan's
Restaurant & Bar, Khan's Mongolian Barbeque, Lyn 65, LLC d/b/a Lyn 65, Pizza Luce
VII, Inc. d/b/a Pizza Luce, Minneapolis -Richfield American Legion Post 435 and Fred
Babcock VFW Post 5555 d/b/a Four Nickels Food & Drink S.R. No. 198
E. Consideration of the approval of setting a public hearing to be held on December 9,
2014 for the consideration of the renewal of pawnbroker and secondhand goods dealer
licenses for 2015 for University Cash Company, LLC d/b/a Avi's Pawn and Jewelry and
Metro Pawn and Gun, Inc. S.R. No. 199
F. Consideration of the approval of a resolution for a grant from the Office of Justice
Programs for bulletproof vest in the amount of $4,586.10 S.R. No. 200
RESOLUTION NO. 10998
RESOLUTION AUTHORIZING RESOLUTION APPROVING THE GRANT WITH THE U.S.
DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS AND RICHFIELD
POLICE FOR BULLETPROOF VESTS
This resolution appears as Resolution No. 10998.
G. Consideration of the approval of a resolution for approval of a mutual aid pact with
Hennepin County for the use of law enforcement personnel and equipment S.R. No.
201
RESOLUTION NO. 10999
RESOLUTION AUTHORIZING RESOLUTION APPROVING JOINT AND COOPERATIVE
AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT
This resolution appears as Resolution No. 10999.
H. Consideration of the approval of the continuing agreement for 2015 with Hennepin
County and City of Richfield/Public Safety Department/Police for Police Cadet funds and
Joint Community Police Partnership (JCPP) Program training funds S.R. No. 202
I. Consideration of the approval and acceptance of the Master Grant Contract (MGC) from
the State of MN, Department of Health for the 2015-2019 grant cycle that is designed to
administratively simplify the review of grant agreements of local public health agencies
S.R. No. 203
J. Consideration of the approval of authorizing the purchase of pedestrian -scale street
lights for the Penn Avenue Corridor between T.H. 62 and 67th Street, utilizing
Community Development Block Grants, in an amount not to exceed $61,000 S.R. No.
204
K. Consideration of the approval of the first reading of an amendment to the City Zoning
Ordinance adding "municipal parking lots' to the list of permitted uses in the Penn
Avenue Corridor Overlay District S.R. No. 205
Council Meeting Minutes -4- November 10, 2014
L. Consideration of the approval of a resolution determining the results of the City General
election on Tuesday, November 4, 2014 S.R. No. 206
RESOLUTION NO. 11000
RESOLUTION DETERMINING RESULTS OF THE GENERAL ELECTION OF
THE CITY OF RICHFIELD HELD ON TUESDAY, NOVEMBER 4, 2014
This resolution appears as Resolution No. 11000.
M/Fitzhenry, S/Sandahl to approve the Consent Calendar.
Motion carried 3-0.
Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #8 PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION GRANTING A
CONDITIONAL USE PERMIT AND VARIANCE TO ALLOW EXPANSION OF AN
EXISTING SOBER -HOUSING FACILITY (PROGRESS VALLEY) AT 308 -78TH
STREET EAST S.R. NO. 207
Council Member Fitzhenry presented Staff Report No. 207.
Susanne Lambert, Progress Valley, Inc. Executive Director, was present for questions.
M/Fitzhenry, S/Sandahl to close the public hearing.
Motion carried 3-0.
M/Fitzhenry, S/Goettel that the following resolution be adopted and that they be made part
of these minutes:
RESOLUTION NO. 11001
RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT AND
VARIANCE AT 308 78TH STREET EAST
Motion carried 3-0. This resolution appears as Resolution No. 11001.
Item #9 CONSIDERATION OF THE SECOND READING OF AN ORDINANCE
ESTABLISHING A 12 -MONTH MORATORIUM ON NEW ESTABLISHMENTS
ALLOWING INDOOR SMOKING OR SAMPLING OF TOBACCO OR SIMILAR
PRODUCTS AND A RESOLUTION AUTHORIZING SUMMARY PUBLICATION
OF THE ORDINANCE S.R. NO. 208
Council Member Sandahl presented Staff Report No. 208.
Council Meeting Minutes -5- November 10, 2014
Chris Farmer -Lies, 2652 -13th Avenue, Association of Non -Smokers, spoke in support of the
moratorium.
Council Member Sandahl stated she would be inclined to not exempt pre-existing
establishments but would approve this ordinance.
Mayor Goettel requested separate air handler systems be reviewed for these types of
establishments.
M/Sandahl, S/Fitzhenry that this constitutes the second reading of Bill No. 2014-7
allowina indoor smokina or samDlina of tobacco or similar products. that it be published in the
oDted and that it be made Dart of these minutes:
RESOLUTION NO. 11002
RESOLUTION APPROVING SUMMARY PUBLICATION OF ORDINANCE ESTABLISHING
A 12 -MONTH MORATORIUM RELATED TO ESTABLISHMENTS ALLOWING INDOOR
SMOKING OR SAMPLING OF TOBACCO OR SIMILAR PRODUCTS
Motion carried 3-0. This resolution appears as Resolution No. 11002.
Item #10 CONSIDERATION OF A RESOLUTION AUTHORIZING CONDEMNATION OF
PROPERTY FOR THE RECONSTRUCTION OF PORTLAND AVENUE S.R. NO.
209
Mayor Goettel presented Staff Report No. 209.
Transportation Engineer Pearson provided an update on the status of property negotiations
and easements.
Public Works Director Eastling stated it is not anticipated that residential properties will go
through the entire condemnation process but it will assist those in foreclosure or bank -owned to
move through the process.
M/Goettel, S/Sandahl that the following resolution be adopted and that it be made part of
thPSP minutes -
RESOLUTION NO. 11003
RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF EASEMENTS
ENCUMBERING CERTAIN REAL ESTATE FOR A PUBLIC PURPOSE
Motion carried 3-0. This resolution appears as Resolution No. 11003.
Item #11 CONSIDERATION OF AUTHORIZING THE RICHFIELD HOUSING AND
REDEVELOPMENT AUTHORITY AND ITS STAFF TO NEGOTIATE A
PRELIMINARY AGREEMENT AND/OR PURCHASE AGREEMENT WITH THE
DONALD JAMES GROUP FOR THE FORMER CITY GARAGE SITE PENDING
CITY COUNCIL RATIFICATION S.R. NO. 210
Mayor Goettel presented Staff Report No. 210.
Council Meeting Minutes -6- November 10, 2014
Community Development Director Stark stated it is anticipated there could be a 6 -month
exclusive rights agreement.
Donald James, developer, discussed the revised preliminary layout concept for the site.
M/Goettel, S/Sandahl to authorize the Richfield Housing and Redevelopment Authority and
its staff to negotiate a preliminary agreement and/or purchase agreement with the Donald James
Group for the former City garage site pending City Council ratification.
Motion carried 3-0.
Item #12 CITY MANAGER'S REPORT
None.
Item #13 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Sandahl that the following claims and payrolls be approved:
U.S. Bank 11/10/14
A/P Checks: 235715-236163 1,848,975.08
Payroll: 105693-106020 $ 543,484.44
TOTAL $ 2,392,459.52
Motion carried 3-0.
OPEN FORUM
None.
ADJOURNMENT
The City Council open meeting was adjourned by unanimous consent at 8:08 p.m.
Date Approved: November 25, 2014
Cheryl Krumholz
Executive Coordinator
Debbie Goettel
Mayor
Steven L. Devich
City Manager
REPORT PREPARED BY:
DEPARTMENT DIRECTOR REVIEW:
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW:
ITEM FOR COUNCIL CONSIDERATION:
AGENDA SECTION: CONSENT CALENDAR
AGENDA ITEM # 5.A.
STAFF REPORT NO. 211
CITY COUNCIL MEETING
11/25/2014
Jesse Swenson, Asst. HR Manager
Steven L. Devich
None
Steven L. Devich
Consideration of the approval of resolutions amending the 2014-2015 labor agreements with Police
Officers & Detectives (LELS Local 123), and Police Supervisors (LELS Local 162).
EXECUTIVE SUMMARY:
City staff has successfully completed labor negotiations with two labor unions which currently have 2 -year
agreements (2014-2015): Police Officers & Detectives LELS Local 123, and Police Supervisors LELS Local
162. Under the terms and conditions of both contracts, insurance was to be reopened for 2015.
Subject to Council approval, the tentatively approved settlement with each union provides identical health
insurance benefits resulting in an Employer increase of $55 per month for dependent coverage and $60 per
month for family coverage. Specifically, the provisions provide a maximum up to $741.24 per month for
Employee only coverage, $1,045 per month for Employee plus spouse or Employee plus child(ren) coverage,
and $1,100 per month for Employee plus family coverage.
Additionally, the proposal increases the Employer contribution towards dental insurance to a maximum of
$58.50 per month for Employee single dental coverage.
RECOMMENDED ACTION:
By motion: Approve the resolutions designating an increase in the City's contribution toward health
and dental insurance premiums, effective January 1, 2015, for the Police Officers & Detectives LELS
Local 123, and the Police Supervisors LELS Local 162.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT:
The Police Officers & Detectives, and the Police Supervisors bargaining units have two -years contracts with the City for
contract years 2014-2015. There is an insurance re -opener in 2015 for both contracts.
B. POLICIES (resolutions, ordinances, regulations, statutes, exc):
The City has met and negotiated in good faith with the two unions and its representatives and is bound under the
terms of the Public Employer's Labor Relations Act to meet and bargain over the terms and conditions of
employment.
The proposed settlement for the re -opener provision is identical in health and dental insurance provisions
provided to non-union City employees. The City has a long history of providing the same level of health and
dental insurance benefits to all eligible City employees.
The health insurance increase is well within the range for other comparable bargaining groups in similar metro
cities. The City has a long history of trying to remain as close to the middle as possible of the Stanton 5 cities in
terms of wages and benefits.
c. CRITICAL TIMING ISSUES:
In order to allow the City's accounting personnel the ability to modify payroll records in a timely manner for 2015
benefits, it is recommended that the City Council act on November 25, 2014 to adopt the attached resolution
providing for contract changes. The health and dental insurance benefits are effective January 1, 2015.
D. FINANCIAL IMPACT:
• Up to a maximum $60 per month increase in the City's contribution towards the employee's health insurance
coverage.
• Up to a maximum $6 per month increase in the City's contribution towards single dental insurance coverage.
E. LEGAL CONSIDERATION:
If the terms of this agreement are not approved, further negotiation and/or mediation will be necessary.
ALTERNATIVE RECOMMENDATION(S):
. Do not approve the terms of this agreement and prepare for further negotiation and/or mediation.
. Defer discussion to another date.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description Type
d Resolutions Resolution Letter
RESOLUTION NO.
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARDS HEALTH AND DENTAL INSURANCE PREMIUMS
FOR EMPLOYEES COVERED BY THE
LAW ENFORCEMENT LABOR SERVICES LOCAL 162
WHEREAS, the City of Richfield and Law Enforcement Labor Services Local 162
signed a bargaining agreement covering a two year period from January 1, 2014 through
December 31, 2015; and
WHEREAS, the labor agreement covers all terms and conditions of employment
including the City contribution for health insurance benefits; and
WHEREAS, Article 26 of the labor agreement provides for either party to amend the
provisions in Article 17, Insurance; and
WHEREAS, the City has historically provided the same level of health insurance
contribution to all eligible City employees, both union and non-union; and
WHEREAS, the City desires to maintain such a position of equity; and
WHEREAS, the City Council is required to determine, by resolution, the City's
contribution toward the premium for employee group insurance coverage.
NOW, THEREFORE, BE IT RESOLVED that the City shall contribute up to a
maximum of $741.24 per month for employee only health insurance coverage, $1,045 per
month for employee plus spouse or employee plus child(ren) health insurance coverage, and
$1,100 per month for family health insurance, and in any event, said contributions shall not
exceed the cost of single coverage for employees selecting that option. Such contributions
shall be for coverage effective January 1, 2015; and
BE IT FURTHER RESOLVED that the City shall contribute a maximum of $58.50 per
month for employee single dental insurance. Such contribution shall be for coverage
effective January 1, 2015.
Adopted by the City Council of the City of Richfield, Minnesota this 25th day of
November 2014.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
RESOLUTION NO.
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARDS HEALTH AND DENTAL INSURANCE PREMIUMS
FOR EMPLOYEES COVERED BY THE
LAW ENFORCEMENT LABOR SERVICES LOCAL 123
WHEREAS, the City of Richfield and Law Enforcement Labor Services Local 123
signed a bargaining agreement covering a two year period from January 1, 2014 through
December 31, 2015; and
WHEREAS, the labor agreement covers all terms and conditions of employment
including the City contribution for health insurance benefits; and
WHEREAS, Article 28 of the labor agreement provides for either party to amend the
provisions in Article 16, Insurance; and
WHEREAS, the City has historically provided the same level of health insurance
contribution to all eligible City employees, both union and non-union; and
WHEREAS, the City desires to maintain such a position of equity; and
WHEREAS, the City Council is required to determine, by resolution, the City's
contribution toward the premium for employee group insurance coverage.
NOW, THEREFORE, BE IT RESOLVED that the City shall contribute up to a
maximum of $741.24 per month for employee only health insurance coverage, $1,045 per
month for employee plus spouse or employee plus child(ren) health insurance coverage, and
$1,100 per month for family health insurance, and in any event, said contributions shall not
exceed the cost of single coverage for employees selecting that option. Such contributions
shall be for coverage effective January 1, 2015; and
BE IT FURTHER RESOLVED that the City shall contribute a maximum of $58.50 per
month for employee single dental insurance. Such contribution shall be for coverage
effective January 1, 2015.
Adopted by the City Council of the City of Richfield, Minnesota this 25th day of
November 2015.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
REPORT PREPARED BY:
DEPARTMENT DIRECTOR REVIEW:
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW:
ITEM FOR COUNCIL CONSIDERATION:
AGENDA SECTION: CONSENT CALENDAR
AGENDA ITEM # 5.B.
STAFF REPORT NO. 212
CITY COUNCIL MEETING
11/25/2014
Chris Regis, Finance Manager
Steven L. Devich
N/A
Steven L. Devich
Consideration of the approval of a resolution authorizing an accounting change from an Enterprise
(Proprietary) Fund to three Special Revenue Funds for the Recreation Enterprise Fund.
EXECUTIVE SUMMARY:
The Ice Arena, Swimming Pool and Special Facility operations comprise the City's Recreation Enterprise
Fund. At the conclusion of the 2013 audit process, the City's auditors, KDV, recommended reclassifying the
Recreation Enterprise Fund operations to three Special Revenue Funds. The basis for this recommendation is
the operating revenues generated by the Recreation Enterprise Fund are consistently not covering the
operating expenses of the fund. Therefore, the fund is not truly operating as an enterprise fund.
Staff is in agreement with the recommendation to reclassify the Recreation Enterprise Fund operations to
three Special Revenue Funds and the required change in accounting.
This accounting change acknowledges that the Ice Arena, Swimming Pool, and Special Facilities operations
may or may not be able to generate enough fee revenue to support operational costs, but staff believes the
operations to be of a general benefit to the community and as such, will support the operations by
supplemental funding if necessary.
The proposed accounting change would be effective for the current (January 1, - December 31, 2014) fiscal
year.
RECOMMENDED ACTION:
By Motion: Approve a resolution authorizing an accounting change from an Enterprise (Proprietary)
Fund to three Special Revenue Funds for the Recreation Enterprise Fund (Ice Arena, Swimming Pool,
and Special Facilities).
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT:
• To help facilitate this accounting change, at the October 28, 2014 City Council meeting, the City Council
approved the calling of the Gross Revenue Ice Arena Bonds, Series 1999. In addition, the Council also approved an
internal loan to the Ice Arena operation to fund the calling of the bonds. The bonds are scheduled to be called on
December 5, 2014.
B. POLICIES (resolutions, ordinances, regulations, statutes, exc):
Staff believes that the Special Revenue Fund type more accurately represents the activity of the three
operations and that this fund type will be a more transparent approach.
c. CRITICAL TIMING ISSUES:
There are no critical timing issues.
D. FINANCIAL IMPACT:
• Beginning with the 2014 Revised and 2015 Proposed budgets, a $100,000 operating transfer from the General
Fund to these three operations is included. It is anticipated that this will be an annual operating transfer to support the
Ice Arena, Swimming Pool, and Special Facilities operations.
E. LEGAL CONSIDERATION:
There are no legal issues.
ALTERNATIVE RECOMMENDATION(S):
There are no alternative recommendations.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None.
ATTACHMENTS:
Description
1) Resolution Accounting Change
Type
RESOLUTION NO.
RESOLUTION AUTHORIZING ACCOUNTING CHANGE FROM AN ENTERPRISE
(PROPRIETARY) FUND TO THREE SPECIAL REVENUE FUNDS — ICE ARENA,
SWIMMING POOL, AND SPECIAL FACILITIES
WHEREAS, Generally Accepted Accounting Principles (GAAP) allow for reporting
Business type activities as either Enterprise funds or Special Revenue funds, and
WHEREAS, reporting the operations of the Recreation Enterprise Fund, Ice Arena,
Swimming Pool, and Special Facility operations as Special Revenue fund activity would
increase the clarity/transparency of the City commitment to these ventures, and
WHEREAS, the City Council of the City of Richfield beginning with the current
(January 1, - December 31, 2014) fiscal year wishes to change the method by which it
accounts for the Recreation Enterprise Fund operations; Ice Arena, Swimming Pool, and
Special Facilities, and
WHEREAS, GASB 54 requires the governing body to formalize the commitment of
the specific revenue sources to specified purposes.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Richfield
that effective January 1, 2014, the Recreation Enterprise Fund operations; Ice Arena,
Swimming Pool, and Special Facilities, will be accounted for in three Special Revenue
Funds.
BE IT FURTHER RESOLVED that the specific revenue source of the special
revenue funds and the specific purposes for which they are committed are as follows:
Fund Specific Revenue Source Committed For
Ice Arena User Fees and Charges Ice Arena Operations
Swimming Pool User Fees and Charges Swimming Pool Operations
Special Facilities User Fees and Charges Special Facility Operations
AND BE IT FURTHER RESOLVED that any unrestricted fund balance in these
special revenue funds is committed by the Council to the specific purpose of the funds.
Adopted by the City Council of the City of Richfield, Minnesota this 25th day of November,
2014
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
REPORT PREPARED BY:
DEPARTMENT DIRECTOR REVIEW:
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW:
ITEM FOR COUNCIL CONSIDERATION:
AGENDA SECTION: CONSENT CALENDAR
AGENDA ITEM # 5.C.
STAFF REPORT NO. 213
CITY COUNCIL MEETING
11/25/2014
Robert Hintgen, Utility Superintendent
Mike Eastling, Public Works Director
N/A
Steven L. Devich
Consideration of the approval of a contract with Graymont (WI), LLC Company for the purchase of
1,400 tons of quick lime in the amount of $225,330.00 for water treatment in 2015.
EXECUTIVE SUMMARY:
Quick lime is a chemical used in the water treatment process to lower hardness in water. Approximately 1,400
tons of quick lime is required each year to produce softened water. On November 6, 2014, a bid opening was
held and two bids were submitted. Graymont (WI), LLC Company was the lowest bidder and meeting all
specifications and requirements.
RECOMMENDED ACTION:
By Motion: Approve contract with Graymont (WI), LLC Company for the purchase of quick lime in the
amount of $225,330.00 ($160.95/ton) for 2015.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT:
History of Quick Lime Contracts
In the bid specifications for Quick Lime language was included to allow the contract to be extended for additional one-
year periods to a maximum contract period of three years (with mutual consent of both parties). Graymont agreed to a
one-year extension in 2011 at no increase in price. However, Graymont did not agree to extensions in 2012, 2013,
2014 or 2015, and instead, the City went through the bidding process.
On October 23, 2014, the ad for bid was published in the Sun Current with a bid opening on November 6, 2014. There
were 2 bids received with Graymont being the lowest at $160.95/ton, or 3.94%, price increase for 2015.
B. POLICIES (resolutions, ordinances, regulations, statutes, exc):
Contracts estimated to have a value over $100,000 must be made by sealed bids, solicited by public notice and
awarded to the lowest responsible bidder.
c. CRITICAL TIMING ISSUES:
Quick lime is a necessary chemical required in the water softening process. The current contract expires on December
31, 2014.
D. FINANCIAL IMPACT:
A recent history of prices for this product is:
Years
2007
2008
2009
2010
2011
2012
2013
2014
2015
Base Price
$95.20/Ton
$99.65/Ton
$112.00/Ton
$120.00/Ton
$120.00/Ton
$124.45/Ton
$143.00/Ton
$154.85/Ton
$160.95/Ton
Est. Annual Cost
$133,280.00
$139,510.00
$156,800.00
$168,000.00
$168,000.00
$174,230.00
$200,200.00
$216,790.00
$225,330.00
Vendor
Cutler Magner
Cutler Magner
Graymont
Graymont
Graymont
Graymont
Graymont
Graymont
Graymont
Funding for the purchase of quick lime is in the 2015 Water Department Budget, line item 51000-6413 (Chemicals).
E. LEGAL CONSIDERATION:
When the purchase of materials, merchandise, equipment or construction exceeds $100,000, authority to purchase shall
be submitted to the City Council for consideration
ALTERNATIVE RECOMMENDATION(S):
Council may reject the bid and direct staff to re -advertise; however, staff does not believe a better price can
be obtained from a reputable contractor.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description Type
D Bid tabulation Backup Material
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CITY OF RICHFIELD
HENNEPIN COUNTY, MINNESOTA
CONTRACT
Purchase of Quick Lime
Bid No. 14-08
Contract No. 2804
THIS AGREEMENT made this 25th day of November 2014 between the City of
Richfield, Minnesota, acting by and through its Mayor and City Manager, herein called
"The City," and Graymont (WI), LLC, 800 Hill Avenue, Superior, WI 54880, the
"Contractor," witnesseth; that the Contractor, in consideration of the payment of the
contract price therefore, amounting substantially to TWO HUNDRED TWENTY FIVE
THOUSAND, THREE HUNDRED AND NO/100 ($225,330.00) Dollars agrees to furnish
all materials (except such as are specified to be furnished by the City, if any), all
necessary tools and equipment, and to do and perform all the necessary work and labor
for the full completion of City projects as follows:
Purchase of 1,400 Tons of Quick Lime for the Water Treatment Plant
At 6221 Portland Avenue South
as per specifications, for the price and compensation set forth and specified in the
proposal signed by the Contractor, which is hereto attached and hereby made a part of
this Agreement, all in accordance with the specifications and special provisions
therefore on file in the office of the Utility Superintendent, City of Richfield, and hereby
made a part of this Agreement. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and there respective successors and assigns.
"The contract price is a unit price of $160.95 per ton in calendar year 2015."
The Contractor agrees that the work shall be done and performed in the best and most
workmanlike manner; that all materials and labor shall be in strict conformity in every
respect with the plans, specifications and special provisions for the improvement, shall
be subject to inspection and approval of the City or a duly authorized engineer of the
City, and in case any material or labor supplied shall be rejected by the City or engineer
as defective or unsuitable, then such rejected material shall be removed, and replaced
with approved material and the rejected labor shall be done anew to the satisfaction and
Approval of the City or Utility Superintendent and at the cost and expense of the
Contractor.
Purchase of Quick Lime
Bid No. 14-08
Contract No. 2804
The Contractor further agrees that he will commence work immediately upon receipt of
contract, and will have all work done and the improvement fully completed to the
satisfaction and approval of the City Council of the City of Richfield, Minnesota, as
provided in the specifications.
Time is the essence of this contract for prompt completion and if the Contractor shall fail
to complete the work within the time herein specified, the City shall have the right to
deduct from the unpaid part of the contract price, the amount, or amounts specified in
the specifications, or, if no moneys shall be due the Contractor, to recover damages in
accordance with said specifications, for each and every working day thereafter during
which the contract shall remain unfinished and incomplete, such damages being hereby
agreed upon as liquidated damages in lieu of actual damages occasioned by such
delay, but special provisions, if any, contained in the proposal are also continued in
effect and shall be read and construed as part of this provision as to the completion and
liquidated damages for delay.
It is agreed, however, that upon receipt of written notice from the Contractor of the
existence of causes over which the Contractor has no control and which will delay the
completion of the work, the City Council in its discretion, and in accordance with the
specifications, may extend the date hereinbefore specified for completion, and in such
case the Contractor shall become liable for said liquidated damages only for failure to
perform within the time so extended.
It is agreed, also, that delays caused by the elements or by strikes or other combined
action of workmen employed in the construction or in the transportation of materials, but
in no part caused or resulting from default or collusion on the part of the Contractor,
shall be excused to the extent which the City Council may find and determine such
conditions to have delayed completion within the time limit, but the judgement of the
City Council in fixing such amount shall be final and conclusive upon the parties hereto.
It is distinctly understood and agreed that no claims for extra work done or materials
furnished by the Contractor will be allowed by the City Council except as provided
herein, nor shall the Contractor do any work or furnish any materials not covered by the
plans, specifications, special provisions, and this contract, unless such work is first
ordered in writing, as provided in the specifications.
Any such work or materials which may be done or furnished by the Contractor without
such written order first being given shall be at his own risk, cost and expense, and he
hereby agrees that without such written order he will make no claim for compensation
for work or materials so done or furnished.
2
Purchase of Quick Lime
Bid No. 14-08
Contract No. 2804
It is further agreed, anything to the contrary notwithstanding, that the City of Richfield,
City Council, and its agents or employees shall not be personally liable or responsible in
any manner to the Contractor, Subcontractors, materialmen, laborers, or to any person
or persons whomsoever, for any claim, demand, damages, actions or causes of action
of any kind or character arising out of or by reason of the execution of this Agreement or
the performance and completion of the work and improvement provided herein.
Dated at Richfield, Minnesota, this 25th day of November 2014
Signatures for Graymont (WO, LLC.
By
Its
Date
By
Its
Date
3
Signatures for City of Richfield, MN
L�
Debbie Goettel, Mayor
Date
a
Steven L. Devich, City Manager
Date
REPORT PREPARED BY:
DEPARTMENT DIRECTOR REVIEW:
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW:
ITEM FOR COUNCIL CONSIDERATION:
AGENDA SECTION: CONSENT CALENDAR
AGENDA ITEM # 5.D.
STAFF REPORT NO. 214
CITY COUNCIL MEETING
11/25/2014
Jeff Pearson, Transportation Engineer
Mike Eastling, Public Works Director
N/A
Steven L. Devich
Consideration of the approval of a resolution authorizing the 77th St Underpass Project application
submission for Federal Surface Transportation funds under the Regional Solicitation process.
EXECUTIVE SUMMARY:
The Metropolitan Council is currently accepting applications as part of the Regional Solicitation process for
federal funding of transportation projects. The 77th Street Underpass Project meets all of the qualifications
under the category of "Roadway including multimodal elements." With Council approval, staff is preparing to
submit an application for the requested amount of $7,000,000 to be contributed to the project. If successful,
funding could be applied to construction as early as 2017. Applications are due December 1, 2014.
RECOMMENDED ACTION:
By Motion: Approve the resolution approving the submission of the 77th Street Underpass Project
funding application for Federal Surface Transportation Program (STP) funds.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT:
The Metropolitan Council and the Transportation Advisory Board have released the 2014 Solicitation
Package for federal funds. The regional solicitation process selects projects to be funded within the
following categories:
Roadways including multimodal elements
Bicycle and Pedestrian Facilities
. Transit and Travel Demand
Bridge Improvement or Replacement Program (BIR)
Applications in the category of 'Roadways' must be for construction projects that fit the following criteria:
. A roadway project that adds thru-lane capacity.
Projects must be located on a non -Freeway Principal Arterial or "A" Minor Arterial functionally -
classified roadway, consistent with the map adopted by TAB on August 20, 2014.
B. POLICIES (resolutions, ordinances, regulations, statutes, exc):
• The proposed project meets multiple goals in the City's Comprehensive Plan (Transportation).
c. CRITICAL TIMING ISSUES:
• The deadline for Regional Solicitation applications is December 1, 2014.
D. FINANCIAL IMPACT:
• The construction cost of the underpass is estimated to be $13.5-15 Million. If selected for STP funds, up to
$7,000,000 would be funded with Federal dollars and the remaining amount would be funded with both State and
Local funds.
LEGAL CONSIDERATION:
• The City Attorney will be available to answer questions.
ALTERNATIVE RECOMMENDATION(S):
. Council may choose not to adopt the resolution and therefore not submit an application for the federal
funds.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description
1) Underpass Funding Resolution
Type
Resolution Letter
RESOLUTION NO.
RESOLUTION AUTHORIZING SUBMISSION OF THE 77TH STREET UNDERPASS
PROJECT FUNDING APPLICATION FOR FEDERAL SURFACE TRANSPORTATION
PROGRAM FUNDS
WHEREAS, the City of Richfield has previously completed phased improvements
to 77th Street Corridor including 77th Street expansion and the reconstruction of the
Penn Avenue Bridge over 1-494, the 76th Street Bridge over 1-35W, and the Lyndale
Avenue Bridge over 1-494; and
WHEREAS, the City of Richfield proposes to provide a multi -modal connection
via the 77th Street underpass to regional destinations such as MSP International Airport
and the Mall of America as well as a Regional Trail connection between the Minneapolis
Grand Rounds system and the Minnesota National Wildlife Refuge; and
WHEREAS, the City of Richfield understands that the 77th Street Underpass
Project will aid 1-494 traffic congestion by removing local vehicle trips from the Principal
Arterial system as well as providing increased transit service to destinations along the
corridor; and
WHEREAS, the City of Richfield has determined that the 77th Street Underpass
Project will create increased redevelopment opportunities along the 1-494 corridor.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Richfield approves the submission of the 77th Street Underpass 2014 Application for
Federal Surface Transportation Program funds. The application includes the
construction of 77th Street via underpass of TH 77 to complete the planned A Minor
Arterial Reliever and improve connections to destinations for walking, biking, and transit
use along this corridor.
Adopted by the City Council of the City of Richfield, Minnesota this 25th day of
November, 2014.
Debbie Goettel, Mayor
/_IaI2M9
Nancy Gibbs, City Clerk
REPORT PREPARED BY:
DEPARTMENT DIRECTOR REVIEW:
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW:
ITEM FOR COUNCIL CONSIDERATION:
AGENDA SECTION: CONSENT CALENDAR
AGENDA ITEM # 5.E.
STAFF REPORT NO. 215
CITY COUNCIL MEETING
11/25/2014
Robert Hintgen, Utility Superintendent
Mike Eastling, Public Works Director
N/A
Steven L. Devich
Consideration of the approval of a resolution authorizing the Source Water Protection Plan
Implementation Grant agreement between the City of Richfield and the Minnesota Department of
Health.
EXECUTIVE SUMMARY:
In September of 2014, the City of Richfield applied for and received the Source Water Protection Plan
Implementation Grant. The total grant awarded is $10,000 with funding availability on November 15, 2014.
The grant will be used to fund the second year of a 2 -year inspection program of commercial properties to
ensure a complete physical separation between the City's water system and private water supplies (wells).
These inspections are being scheduled to enforce the existing city ordinance (Section 710.33).
RECOMMENDED ACTION:
By Motion: Approve the resolution authorizing the Source Water Protection Plan Implementation
Grant agreement between the City of Richfield and the Minnesota Department of Health (MDH).
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT:
According to Minnesota Statute 465.03, the City is required to approve a resolution when accepting grant funding. In
September of 2014, the City of Richfield applied for and received the Source Water Protection Plan Implementation
Grant. The total grant awarded is $10,000 with funding availability on November 15, 2014.
The grant will be used to fund the second year of a 2 -year inspection program of commercial properties to ensure a
complete physical separation between the City's water system and private water supplies (wells). These inspections
are being scheduled to enforce the existing city ordinance (Section 710.33). 113 properties were inspected during the
first year with no cross connections found.
B. POLICIES (resolutions, ordinances, regulations, statutes, exc):
Minnesota Statute 465.03 requires that the City approve a resolution accepting the funds of the grant money.
c. CRITICAL TIMING ISSUES:
Terms of the grant agreement are November 15, 2014 through April 30, 2016. The allotted grant funds must be spent
by April 30, 2016.
D. FINANCIAL IMPACT:
The grant money aids in reducing the costs associated with managing the City of Richfield Wellhead Protection Plan —
Part 2.
E. LEGAL CONSIDERATION:
The City attorney has reviewed the staff report and resolution.
ALTERNATIVE RECOMMENDATION(S):
The Council could choose not to approve the resolution, which would void the acceptance of the grant.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description
D Resolution
d Grant agreement
Type
Resolution Letter
Contract/Agreement
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD
TO ENTER INTO A SOURCE WATER PROTECTION PLAN
IMPLEMENTATION GRANT AGREEMENT WITH THE
MINNESOTA DEPARTMENT OF HEALTH FOR $10,000
TO BE USED IN THE CONTINUED DEVELOPMENT,
PUBLIC EDUCATION, AND ENFORCEMENT OF THE
CITY OF RICHFIELD WELLHEAD PROTECTION PLAN —
PART 2.
WHEREAS, the City of Richfield Water Department, has applied for and received
a Source Water Protection Plan Implementation Grant in the amount of $10,000; and
WHEREAS, The City intends to use these funds to aid in the development,
education, and enforcement of the City's Wellhead Protection Plan — Part 2; and
WHEREAS, Minnesota statute 465.03 requires every acceptance of a grant or
devise of real personal property on terms prescribed by the donor be made by
resolution by a two-thirds majority of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota as follows:
The City Council of the City of Richfield hereby authorizes the Mayor and
City Manager to enter into a Source Water Protection Plan Implementation
Grant agreement with the Minnesota Department of Health in the amount
of $10,000.
2. Appropriate City personnel are authorized to administer the funds in
accordance with the grant agreement and the terms described by the
Minnesota Department of Health.
Adopted by the City Council of the City of Richfield, Minnesota this 25th day of
November, 2014.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
Encumbrance Worksheet
5/30/14
Vendor Name:
H123 2139
Vendor Number:
City of Richfield 7 'Al
A
$ 10,000
Project ID
H123
Amount
Address: J
H123
Federal Employer L.D. or Social Security #:
1901 East 66'" Street, Richfield, MN 55423
H123
41-6005490
Requestor's Name/Employee ID #: (for SWIFT entry)
MN Tax I.D. # (if applicable):
2015
Total amount of Original Agreement:
$10,000
Starting Fiscal Year:
H123
(include initial request and all
$
previous amendment totals)
Start Date:
11115/2014
$
Total Amount of this Amendment:
Initial End Date:
04/30/2016
Revised End Date:
Please Check ONE OPTION for amendments: Time Only Money Only Time and Money
ACCOUNTING INFORMATION
Fiscal Year 2015
r Fund 1 Dent ID I ApprID
Project ID I Activity ID I Amount
2302
H123 2139
H12555P
Fund
Dept ID
$ 10,000
Project ID
H123
Amount
H123
$
H123
$
H123
CFDA # (if Federal $)
Fiscal Year 201
Fund
Dept ID
Appr ID
Project ID
Activity ID
Amount
H123
$
H123
$
H123
$
Fiscal Year 201_
Fund
Dept ID
Appr ID
Project ID
Activity ID
Amount
H123
$
H123
$
H123
$
FINANCIAL MANAGEMENT ONLY
NOTE: This page of the Agreement Contract contains confidential information and should not be reproduced or distributed externally without written
permission from the Vendor. Internal circulation of this page should only be to individuals/ofrices signing this Agreement Contract and those that require
access to the tax identification number.
Standard Grant Template Ver ion 1.4, 6/14
Grant Agreement Number
Between the Minnesota Department of Health and City of Richfield
If you circulate this grant agreement internally, only offices that require access to the tax identification number AND all individuals/offices signing this grant agreement
should have access to this document.
Minnesota Department of Health
Grant Agreement
This grant agreement is between the State of Minnesota, acting through its Commissioner of the
Department of Health ("State") and City of Richfield ("Grantee"), Grantee's address is 1901 East 66th Street,
Richfield, MN 55423,
Recitals
1, Under Minnesota Statutes 144,0742 and §114D.50 Clean Water Fund, the State is empowered to enter
into this grant agreement.
2, The State is in need of assisting public water suppliers to protect the source of drinking water,
3, The Grantee represents that it is duly qualified and will perform all the duties described in this agreement to
the satisfaction of the State. Pursuant to Minnesota Statutes section 16B,98, subdivision 1, the Grantee agrees
to minimize administrative costs as a condition of this grant.
Grant Agreement
1, Term of Agreement
1.1 Effective Ante November 15, 2014, or the date the State obtains all required signatures under
Minnesota Statutes section 16C,05, subdivision 2, whichever is later.
The Grantee must not begin work until this contract is fully executed and the State's Authorized
Representative has notified the Grantee that work may commence.
1.2 Expiration elate April 30, 2016, or until all obligations have been fulfilled to the satisfaction of the
State, whichever occurs first.
1,3 Survival of Tennis The following clauses survive the expiration or cancellation of this grant contract: 8.
Liability; 9. State Audits; 10.1 Government Data Practices; 10,2 Data Disclosure; 12. Intellectual Property;
14.1 Publicity; 14.2 Endorsement; and 16, Governing Law, Jurisdiction, and Venue.
2, Grantee Is Dirties The Grantee, who is not a state employee, shall:
- Complete to the satisfaction of the State all of the following duties:
- Inspect commercial properties within the boundaries of the DWSMA to ensure a
complete physical separation between private water supply wells and the City's water
supply system, in order to prevent cross -contamination of the public water supply
systems. The inspections will include approx. 120 commercial properties within the
DWSMA and will involve verifying that any private wells are not connected to public
water supply infrastructure.
Page 1 of 8
s u f n Standard Grant Template Versi n 1 , 6/14
Grant Agreement Number
of aFhlTll Between the Minnesota Department of' Health and City of Richfield
- Grantee agrees that no system of water supply for public use shall be installed, altered or extended
until complete plans and specifications for the installation, alteration or extension have been submitted
and approved by the State, and no construction shall take place except in accordance with the approved
plans. No grant funds can be used prior to approval of the plans. Failure to submit plans for approval
within the first 2 months from the start date of the grant may result in termination of the grant award.
- The Grantee shall use the Clean Water Land and Legacy Amendment logo on all materials that are
purchased or produced under this Grant Agreement (equipment, reports to the public, publications,
displays, videos). Failure to display the logo may render the Grantee ineligible for reimbursement.
- On or before the end date of this Agreement, the Grantee shall provide the State with one electronic
copy of all final products produced under this Grant Agreement, including reports, publications;
software and videos. If rewired by the nature of the project, data collected during the project shall be
reported in a format acceptable to the State,
- The Grantee shall pay in frill any licensed contractor hired for the purpose of completing any work
under this Grant Agreement within 10 days of receiving payment from the State.
- The Grantee shall submit an itemized invoice for the total cost of the project
- Exhibits A and B are attached and incorporated into this grant agreement. Upon completion of the
project Grantee shall submit a Grant Narrative Report (Exhibit A) and a Grant Invoice (Exhibit B). The
Grant Narrative Report and the Grant Invoice shall be due no later than the expiration day of this Grant
Agreement.
- In the event the Grantee is unable to begin grant activities or to satisfactorily perform the duties
specified in this grant agreement, including but not limited to paying the contractor in full for all work
performed by the contractor, the Grantee shall remit to the State within five days of demand all amounts
paid to the Grantee pursuant to this Grant Agreement minus any actual expenses incurred and
specifically authorized, in advance, by the State and which are documented by adequate invoices
acceptable to the State.
3. Time The Grantee must comply with all the time requirements described in this grant agreement. In the
performance of this grant agreement, time is of the essence, and failure to meet a deadline may be a basis for a
determination by the State's Authorized Representative that the Grantee has not complied with the terms of the
grant.
The Grantee is required to perform all of the duties recited above within the grant period. The State is not
obligated to extend the grant period.
Page 2 of 8
Standard Grant Template Version 1.4, 6/14
Grant Agreement Number
Between the Minnesota Department of Health and City of Richfield
4. Consideration and Payntent
4.1 Consideration The State will pay for all services performed by the Grantee under this grant agreement
as follows:
(a) Compensation.. The Grantee will be paid according to the following breakdown of costs:
Activity urant Amount
Physical inspection of approx. 120 commercial properties $10,000
Total $10,000
(b) Total Obligation The total obligation of the State for all compensation and reimbursements to the
Grantee under this agreement will not exceed $10,000 (ten thousand dollars).
The following costs are not eligible and will be deducted from the final invoice, before reimbursement:
- indirect or administrative costs related to the grant
(c) Travel Expenses The Grantee will be reimbursed for travel and subsistence expenses in the
same manner and in no greater amount than provided in the current "Commissioner's Plan"
promulgated by the Commissioner of Minnesota Management and Budget ("MMB"). The
Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota
unless it has received the State's prior written approval for out of state travel, Minnesota will be
considered the home state for.determining whether travel is out of state
(d) Budget Modifications. Modifications greater than 10 percent of any budget line item in the
most recently approved budget (listed in 4.1(a) and 4.1(b)) requires prior written approval from
the State and must be indicated on submitted reports. Failure to obtain prior written approval for
modifications greater than 10 percent of any budget line item may result in denial of
modification request and/or loss of funds. Modifications equal to or less than 10 percent of any
budget line item are permitted without prior approval from the State provided that such
modification is indicated on submitted reports and that the total obligation of the State for all
compensation and reimbursements to the Grantee shall not exceed the total obligation listed in
4,1(b),
4.2 Ternts of Payment
(a) Invoices The State will promptly pay the Grantee after the Grantee presents an itemized
invoice for the services actually performed and the State's Authorized Representative accepts the
invoiced services, Invoices must be submitted in a timely fashion and according to the following
schedule: upon completion of the services.
The State does not pay merely for the passage of time,
All the grant documentation (Grant Narrative Report, Grant Invoice, itemized invoice(s), electronic
copies) must be submitted in one packet by either email or mail, The Grantee shall use the following
mailing address:
Page 3 of 8
Standard Grant Template Ver sio 1 1.4, 6/14
Grant Agreement Number 540
Between the Minnesota Department of Health and City of Richfield
Attn: Cristina Covalschi
Source Water Protection
Minnesota Department of Health
PO Box 64975, St. Paul, NN 55164-0975
If the final invoice is not received by the State before the end date of this Grant Agreement, the Grantee
may forfeit the final payment.
5. Conditions of Payment All services provided by Grantee pursuant to this agreement must be performed to
the satisfaction of the State, as determined in the sole discretion of its Authorized. Representative. Further, all
services provided by the Grantee must be in accord with all applicable federal, state, and local laws, ordinances,
rules and regulations, Requirements of receiving grant funds may include, but are not limited to: financial
reconciliations of payments to Grantees, site visits of the Grantee, programmatic monitoring of work performed
by the Grantee and program evaluation. The Grantee will not be paid for work that the State deems
unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation,
6. Anthori.zed Representatives
6.1 State's Authorized Representative The State's Authorized Representative for purposes of
administering this agreement is Cristina Covalschi, SWP Grants Coordinator, address: 625
Robert Street N, PO Box 64975, Saint Paul, MN 55164-0975, phone: 651-201-4696, email
address: Cristina.Covalsclii cr,State.mn,us, or her successor, and has the responsibility to monitor
the Grantee's performance and the final authority to accept the services provided under this
agreement. If the services are satisfactory, the State's Authorized Representative will certify
acceptance on each invoice submitted for payment.
6,2 Grantee's Authorized Representative The Grantee's Authorized Representative is Robert
Hintgen, Utilities Superintendent, address: 1901 East 66th Street, Richfield, MN 55423, phone:
612-861-9165, or his successor. The Grantee's Authorized Representative has full authority to
represent the Grantee in fulfillment of the terms, conditions, and requirements of this agreement.
If the Grantee selects a new Authorized Representative at any time during this agreement, the
Grantee must immediately notify the State in writing, via e-mail or letter.
7. Assignment, Amendments, Waiver, and Merger
7.1 Assignment The Grantee shall neither assign nor transfer any rights or obligations under this
agreement without the prior written consent of the State.
7.2 Amendments If there are any amendments to this agreement, they must be in writing,
Amendments will not be effective until they have been executed and approved by the State and Grantee.
7.3 Waiver If the State fails to enforce any provision of this agreement, that failure does not waive the
provision or the State's right to enforce it.
Page 4 of 8
Standard Grant Template Version 1.4 G!1
Grant AgreementNumher & , -
Between the Minnesota Department of Health and City of Richfield
7.4 Merger This agreement contains all the negotiations and agreements between the State and the
Grantee, No other understanding regarding this agreement, whether written or oral, may be used to bind
either party,
8. Liability The Grantee must indemnify and hold harmless the State, its agents, and employees from all
claims or causes of action, including attorneys' fees incurred by the State, arising from the performance of this
agreement by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any
legal remedies the Grantee may have for the State's failure to fulfill its obligations under this agreement.
Nothing in this clause may be construed as a waiver by the Grantee of any immunities or limitations of liability
to which Grantee may be entitled pursuant to Minnesota Statutes Chapter 466, or any other statute or law,
9. State Audits Under Minnesota Statutes section 1613;98, subdivision 8, the Grantee's books., records,
documents, and accounting procedures and practices of the Grantee, or any other relevant party or transaction,
are subject to examination by the State, the State Auditor, and the Legislative Auditor, as appropriate, for a
minimum of six (6) years from the end of this grant agreement, receipt and approval of all final reports, or the
required period of time to satisfy all state and program retention requirements, whichever is later.
10. Govei—nnient Data Practices and Data Disclosure
10.1 Government Data Practices Pursuant to Minnesota Statutes Chapter 13,05, Subd. 11(a), the
Grantee and the State must comply with the Minnesota Govermnent Data Practices Act as it applies to
all data provided by the State under this agreement, and as it applies to all data created, collected,
received, stored, used, maintained, or disseminated by the Grantee under this agreement. The civil
remedies of Minnesota Statutes section 13,08 apply to the release of the data referred to in this clause by
either the Grantee or the State.
If the Grantee receives a request to release the data referred to in this clause, the Grantee must
immediately notify the State. The State will give the Grantee instructions concerning the release of the
data to the requesting party before any data is released. The Grantee's response to the request must
comply with the applicable law,
10.2 Data Disclosure Pursuant to Minnesota Statutes section 270C,65, subdivision 3, and all other
applicable laws, the Grantee consents to disclosure of its social security number, federal employee tax
identification number, and Minnesota tax identification number, all of which have already been provided
to the State, to federal and state tax agencies and state personnel involved in the payment of state
obligations. These identification numbers may be used in the enforcement of federal and state tax laws
which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax
liabilities, if any.
11. Owners/rip of Equipment
The State shall have the right to require transfer of all equipment purchased with grant funds (including
title) to the State or to an eligible non -State party named by the State. This right will normally be exercised
by the State only if the project or program for which the equipment was acquired is transferred from one
grantee to another,
12. Ownership of Materials and Intellectual Property Rights
Page 5 of 8
standard Grant Template Version 14 6/14
Grant Agreement Number CS
Between the Minnesota Department of Health and City of Richfield
12.1 Oivrrership of Matef-ials The State shall own all rights, title and interest in all of the materials
conceived or created by the Grantee, or its employees or subgrantees, either individually or jointly with
others and which arise out of the performance of this grant agreement, including any inventions, reports,
studies, designs, drawings, specifications, notes, documents, software and documentation, computer
based training modules, electronically, magnetically or digitally recorded material, and other work in
whatever form ("materials").
The Grantee hereby assigns to the State all rights, title and interest to the materials. The Grantee shall,
upon request of the State, execute all papers and perform all other acts necessary to assist the State to
obtain and register copyrights, patents or other forms of protection provided by law for the materials,
The materials created under this grant agreement by the Grantee, its employees or subgrantees,
individually or jointly with others, shall be considered "works made for hire" as defined by the United
States Copyright Act. All of the materials, whether in paper, electronic, or other form, shall be remitted
to the State by the Grantee. Its employees and any subgrantees shall not copy, reproduce, allow or cause
to have the materials copied, reproduced or used for any purpose other than performance of the
Grantee's obligations under this grant agreement without the prior written consent of the State's
Authorized Representative.
12.2 Intellectual Property Rights Grantee represents and warrants that materials produced or used
under this grant agreement do not and will not infringe upon any intellectual property rights of another
including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names.
Grantee shall indemnify and defend the State, at Grantee's expense, from any action or claim brought
against the State to the extent that it is based on a claim that all or parts of the materials infringe upon
the intellectual property rights of another. Grantee shall be responsible for payment of any and all such
claims, demands, obligations, liabilities, costs, and damages including, but not limited to, reasonable
attorney fees arising out of this grant agreement, amendments and supplements thereto, which are
attributable to such claims or actions. If such a claim or action arises or in Grantee's or the State's
opinion is likely to arise, Grantee shall at the State's discretion either procure for the State the right or
license to continue using the materials at issue or replace or modify the allegedly infringing materials.
This remedy shall be in addition to and shall not be exclusive of other remedies provided by law,
13. Workers' Compensation The Grantee certifies that it is in compliance with Minnesota Statutes section
176.181, subdivision 2, which pertains to workers' compensation insurance coverage. The Grantee's employees
and agents, and any contractor hired by the Grantee to perform the work required by this Grant Agreement and
its employees, will not be considered State employees. Any claims that may anise under the Minnesota
Workers' Compensation Act on behalf of these employees, and any claims made by any third party as a
consequence of any act or omission on the pant of these employees, are in no way the State's obligation or
responsibility.
14. Publicity anal Endorsement
14.1 Publicity Any publicity given to the program, publications, or services provided resulting from
this grant agreement, including, but not limited to, notices, informational pamphlets, press releases,
research, reports, signs, and similar public notices prepared by or for the Grantee or its employees
individually or jointly with others, or any subgrantees shall identify the State as the sponsoring agency
And shall not be released without prior written approval by the State's Authorized Representative, unless
such release is a specific part of an approved work plan included in this grant agreement.
Page 6 of 8
standard Grant Template version 1.4, 6(14
Grant Agreement Number
Between the Minnesota Department of Health and City of Richfield
14.2 Erulorsemenl The Grantee must not claim that the State endorses its products or services.
15. Termination
15,1 Termination by the Stale or Grantee The State or Grantee may cancel this grant agreement at any
time, with or without cause, upon thirty (N) days written notice to the other party.
15.2 Terntination for Cause If the Grantee fails to comply with the provisions of this grant
agreement, the State may terminate this grant agreement without prejudice to the right of the State
to recover any money previously paid. The termination shall be effective five business days after the
State mails, by certified mail, return receipt requested, written notice of termination to the Grantee at
its last known address.
15.3 Tertnintation for Irtsufflicient Fun(ling The State may immediately terminate this agreement if it
does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be
continued at a level sufficient to allow for the payment of the work scope covered in this agreement.
Termination must be by written or facsimile notice to the Grantee, The State is not obligated to pay for
any work performed after notice and effective date of the termination. However, the Grantee will be
entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent
that funds are available. The State will not be assessed any penalty if this agreement is terminated
because of the decision of the Minnesota legislature, or other funding source, not to appropriate funds.
The State must provide the Grantee notice of the lack of funding within a reasonable time of the.State
receiving notice of the salve,
16, Governing Law, Jurisdiction, and Venue This grant agreement, and amendments and supplements to it,
shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this grant
agreement, or for breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey
County, Minnesota,
17. Lobbying Ensure funds are not used for lobbying, which is defined as attempting to influence legislators or
other public officials on behalf of or against proposed legislation, Providing education about the importance of
policies as a public health strategy is allowed, Education includes providing facts, assessment of data, reports,
program descriptions, and information about budget issues and population impacts, but stopping short of
making a recommendation on a specific piece of legislation, Education may be provided to legislators, public
policy makers, other decision makers, specific stakeholders, and the general community.
Page 7 of 8
Standard Grant Template Version 4n 4 6/�
Grant Agreement Number,
Between the Minnesota Department of Health and City of Richfield
IN WITNESS WHEREOF, the parties have caused this grant agreement to be duly executed intending to be bound
thereby,
APPROVED:
1, Grantee
The Grantee certifies that the appropriate persons(s) have executed the
grant agreement on behalf of the Grantee as required by applicable
articles, bylaws, resolulions, or• ordinances,
By:
Steven L. Devich
Title: City. Manager
11/25/14
Date:
By:
Title:
Date:
Distribution:
Agency — Original (fully executed) Grant Agreement
Grantee
Slate Authorized Representative
2. State Agency
Grant Agreement approval and cerdfrcation that Slate ftnuls have been
encumbered as required 1iy Minn. Slat. §§1 611.15 and 16C.05.
By:
(with delegated authority)
Title:
Date:
Page 8 of 8
REPORT PREPARED BY:
DEPARTMENT DIRECTOR REVIEW:
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW:
ITEM FOR COUNCIL CONSIDERATION:
AGENDA SECTION: PUBLIC HEARINGS
AGENDA ITEM # 7.
STAFF REPORT NO. 216
CITY COUNCIL MEETING
11/25/2014
Jeff Pearson, Transportation Engineer
Mike Eastling, Public Works Director
N/A
Steven L. Devich
Conduct and continue public hearing regarding the sale of remnant parcels located at 6245 and 6301
Bloomington Avenue South.
EXECUTIVE SUMMARY:
Due to a discrepancy in the scheduling of the published notice, the public hearing set for November 25, 2014
needs to be opened and then continued to the December 9, 2014 Regular City Council Meeting.
The City purchased 6245 Bloomington Avenue, 6301 Bloomington Avenue, and 6300 16th Avenue for right-of-
way as part of the Richfield Parkway Connection project. The alignment of the new roadway created remnants
of 6245 and 6301 Bloomington Avenue that are larger than what the City has determined is necessary for
long-term right-of-way needs. The property owners adjacent to these remnant parcels, at 6239 Bloomington
Avenue and 6305 Bloomington Avenue, approached the City with an interest in purchasing a portion of these
remnants.
Property owners at 6239 Bloomington Avenue South and 6305 Bloomington Avenue South have signed
purchase agreements for their desired remnant parcels. In addition, the Planning Commission passed the
attached required resolution finding that the sale of the remnant parcel is consistent with the Richfield
Comprehensive Plan.
RECOMMENDED ACTION:
By motion: Conduct and continue a public hearing until the December 9, 2014 Regular City Council
Meeting regarding the sale of remnant parcels located at 6245 and 6301 Bloomington Avenue South.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT:
. The establishment of Richfield Parkway as a vehicular and greenway corridor extending from the
City's northern border is an identified goal of the Comprehensive Plan.
. The area has been identified as a future greenway since the adoption of the Cedar Avenue Corridor
Master Plan in 2004.
. The construction of the Richfield Parkway connection in 2013 between Bloomington Avenue and
17th Avenue (now completely Richfield Parkway) contributed to that goal.
• Staff determined that after construction, excess right-of-way exists in this area to facilitate a property
sale to adjacent property owners.
B. POLICIES (resolutions, ordinances, regulations, statutes, exc):
• City Code Section 500.03, Subd. 2, requires that all subdivisions of land in the City must be
approved by Council resolution pursuant to the provisions of Minnesota Statutes, Section 462.357
• City Charter Section 13.04, requires that no real property of the City shall be disposed of except by
ordinance.
. This process provides for public input through a public hearing.
c. CRITICAL TIMING ISSUES:
Buyers would like to complete sales in 2014.
Under Section 3.09 of the City Charter, a transitory ordinance becomes effective 30 days after
publication of the second hearing notice.
D. FINANCIAL IMPACT:
The purchase price for both remnant parcels have been approved by the City Manager.
E. LEGAL CONSIDERATION:
The City Attorney has reviewed the sale process and the attached documents and will be in attendance at the
Council meeting should questions arise.
ALTERNATIVE RECOMMENDATION(S):
. Council may choose to not approve the subdivisions or sales.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description
Type
❑
6245 Ordinance
Ordinance
D
6301 Ordinance
Ordinance
1)
6245 SubDiv Resolution
Resolution Letter
D
6301 SubDiv Resolution
Resolution Letter
1)
6245 Purchase Agreement
Contract/Agreement
D
6301 Purchase Agreement
Contract/Agreement
r1
PC Resolution
Exhibit
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE SALE OF LAND LOCATED AT 6245
BLOOMINGTON AVENUE SOUTH BY THE CITY OF RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Background; findings; authority.
1.01 The City of Richfield ("City") is governed by a home rule charter adopted pursuant to the
Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act).
1.02 The City owns certain property located at 6245 Bloomington Avenue South which is
legally described on Exhibit A attached hereto ("Property");
1.03. The City purchased the Property for public purposes as part of a larger tract, but the
portion thereof which is legally described on Exhibit A attached hereto and which is
depicted on Exhibit B attached hereto is not required for that public purpose and is not
anticipated to be needed in the future for any public purpose;
1.04. The City, as Seller, and Ouneheuane Sengsourichanh and Keo Sengsourichanh, husband
and wife, as Purchasers, have entered into a purchase agreement, subject to City Council
approval, under which it is proposed that the City sell the Property to the Purchasers for a
purchase price of $2,133.80;
1.05. The Property is an uneconomic remnant which the City Director of Public Works has
recommended be sold to the Purchasers as provided in said purchase agreement.
1.06. The Purchasers own the real estate adjacent to the Property.
1.07. The Council finds and determines that it is in the best interests of the City to sell the
Property to the Purchasers.
Section 2. Adoption; effective date; filing.
2.01. The sale of the Property to the Purchasers is hereby approved in accordance with the
provisions of the purchase agreement on file with the City Clerk. The Mayor and the
City Manager are authorized and directed to execute the purchase agreement, the deed
and any other documents recommended by the City Attorney in furtherance of the
conveyance of the Property to Purchasers as provided in the purchase agreement.
-1-
4475770 RJL RC145-681
2.02. This Ordinance shall take effect after the thirtieth (30'1') day following adoption and
publication, exclusive of the day of publication.
Adopted by the City Council of the City of Richfield, Minnesota this day of
2014.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
SEAL
-2-
447577x3 RJL RC145-681
EXHIBIT A
Le2af Description of Property
That part of Lot 14, Block 9, Girard Parkview, as is on file in the office of the County Recorder,
Hennepin County, Minnesota, described as follows:
Beginning at the northeast corner of Lot 14, Block 9, Girard Parkview; thence South 89
degrees 13 minutes 13 seconds West, assumed bearing along the north line thereof
118.61 feet; thence South 23 degrees 40 minutes 59 seconds East, 12.11 feet; thence
North 89 degrees 13 minutes 13 seconds East, 48.09 feet; thence North 79 degrees 35
minutes 57 seconds East, 66.75 feet to the point of beginning.
Vs
EXHIBIT B
Parcel Sketch of Portion of Property To Be Conveyed
HIM
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE SALE OF LAND LOCATED AT 6301
BLOOMINGTON AVENUE SOUTH BY THE CITY OF RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Background; findings; authority.
1.01 The City of Richfield ("City") is governed by a home rule charter adopted pursuant to
the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act).
1.02. The City owns certain property located at 6301 Bloomington Avenue South which is
legally described in Exhibit A attached hereto and which is depicted in Exhibit B attached
hereto ("Property");
1.03. The City purchased the Property for public purposes as part of a larger tract, but the
portion thereof which is legally described on Exhibit A attached hereto and which is
depicted on Exhibit B attached hereto is not required for that public purpose and is not
anticipated to be needed in the future for any public purpose;
1.04. The City, as Seller, and Craig D. Olsen and Sarah L. Olsen, husband and wife, as
Purchasers, have entered into a purchase agreement, subject to City Council approval,
under which it is proposed that the City sell the Property to the Purchasers for a purchase
price of $1,522.80;
1.05. The Property is an uneconomic remnant which the City Director of Public Works has
recommended be sold to the Purchasers as provided in said purchase agreement.
1.06. The Purchasers own the real estate adjacent to the Property.
1.07. The Council finds and determines that it is in the best interests of the City to sell the
Property to the Purchasers.
Section 2. Adoption; effective date; filing.
2.01. The sale of the Property to the Purchasers is hereby approved in accordance with the
provisions of the purchase agreement on file with the City Clerk. The Mayor and the City
Manager are authorized and directed to execute the purchase agreement, the deed and any
other documents recommended by the City Attorney in furtherance of the conveyance of
1
4475840 RJL RC145-682
the Property to the Purchasers as provided in the purchase agreement.
2.02. This Ordinance shall take effect on the 30t" day following its adoption and publication,
exclusive of the day of publication.
Adopted by the City Council of the City of Richfield, Minnesota this day of
2014.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
SEAL
2
4475840 RJL RC145-682
EXHIBIT A
Le2af Description of Property
That part of Lot 20, Block 10, Girard Parkview, as is on file in the office of the County Recorder,
Hennepin County, Minnesota described as follows:
Commencing at the southeast corner of Lot 20, Block 10, Girard Parkview; thence South 89
degrees 20 minutes 15 seconds West, assumed bearing along the south line thereof 63.46 feet to
the point of beginning; thence North 60 degrees 28 minutes 37 seconds West, 20.84 feet; thence
North 89 degrees 40 minutes 14 seconds West, 48.34 feet; thence South 22 degrees 34 minutes
35 seconds West, 12.32 feet to the south line thereof; thence North 89 degrees 20 minutes 15
seconds East, 71.21 feet to the point of beginning.
A-1
4475840 RJL RC145-682
EXHIBIT B
Parcel Sketh o!#r get
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RESOLUTION NO.
A RESOLUTION APPROVING SUBDIVISION OF LAND LOCATED AT 6245
BLOOMINGTON AVENUE SOUTH AND WAIVING COMPLIANCE WITH MINN.
STAT., SECTION 462.358, SUBD. 4b(a) AND SECTION 500 OF THE CITY CODE OF
ORDINANCES WITH RESPECT THERETO
WHEREAS, the City is the owner in fee simple of the real estate located at 6245
Bloomington Avenue South, in the City of Richfield, which is described in Exhibit A attached
hereto ("Property");
WHEREAS, the City purchased the Property for public purposes, but has concluded that
the portion of the Property which is legally described on Exhibit B attached hereto and depicted
on Exhibit C attached hereto ("Portion") is not required for said public purposes and is not
foreseen to be required for public purposes in the future, and wishes to subdivide the Property
and convey the Portion to the adjacent owner;
WHEREAS, the proposed subdivision is recommended by the City Director of Public
Works and the City Director of Community Development;
WHEREAS, Section 500.03, Subd. 2, City Code of Ordinances, requires that all
subdivisions of land in the City must be approved by Council resolution pursuant to the
provisions of Minnesota Statutes, Section 462.357;
WHEREAS, Section 500.05, Subd. 1, City Code of Ordinances, provides that no
conveyance of land that constitutes a subdivision within the meaning of Section 500 may be filed
or recorded, if the land is described in the conveyance by metes and bounds;
WHEREAS, Section 500.05, Subd. la, City Code of Ordinances, provides that Section
500.05, Subd. 1, City Code of Ordinances, does not apply to a conveyance if the land
described... (g) is an adjustment of a lot line by relocation of a common boundary, where the
1
447480v2 RJL RC145-681
conveyance does not create an additional lot or space sufficient to construct an additional
residence thereon;
WHEREAS, Section 500.05, Subd. 2, City Code of Ordinances, provides that, in any case
in which compliance with Section 500.05, Subd. 1, City Code of Ordinances, will result in an
unnecessary hardship, and failure to comply does not interfere with the purpose of the platting
regulations of Section 500, the City Council may waive such compliance by adoption of a
resolution to that effect, and the conveyance may then be recorded;
WHEREAS, Minnesota Statutes, Section 462.358, Subd. 4b(a) provides that in a
municipality in which subdivision regulations are in force and have been filed or recorded as
provided in Section 462.358, no conveyance of land to which the regulations are applicable shall
be filed or recorded, if the land is described in the conveyance by metes and bounds. However,
Section 462.358, Subd. 4b(c) provides that the City, as platting authority, may waive compliance
with the requirements of Section 462.358, Subd. 4b(a) so that the conveyance may by recorded,
if compliance with Subd. 4b(a) will create an unnecessary hardship and failure to comply does
not interfere with the purpose of the subdivision regulations;
WHEREAS, Minnesota Statutes, Section 272.162, Subd. 1 provides that when a deed or
other instrument conveying a parcel of land is presented to the county auditor for transfer or
division under Sections 272.12, 272.16, and 272.161, the auditor shall not transfer or divide the
land or its net tax capacity in the official records and shall not certify the instrument as provided
in Section 272.12, if. (a) the land conveyed is less than a whole parcel as charged in the tax lists;
(b) the part conveyed appears within the area of application of municipal subdivision regulations
adopted and filed under Section 462.36, Subdivision 1; and (c) the part conveyed is part of or
constitutes a subdivision as defined in Section 462.352, Subdivision 12;
2
447480v2 RJL RC145-681
WHEREAS, Minnesota Statutes, Section 462.352, Subd. 12 defines "subdivision" to
mean "the separation of an area, parcel or tract of land under single ownership into two or more
parcels, tracts, (or) lots, ... except those separations ... (3) resulting from court orders, or the
adjustment of a lot line by the relocation of a common boundary; "
WHEREAS, the Council finds that the Portion is an uneconomic remnant, that it is in the
best interests of the public and the City that the remnant be consolidated with the adjacent
property, that such conveyance is simply an adjustment of a common boundary line between two
adjacent properties, that it would be an unnecessary hardship for the current owner of the
Property and the adjacent owner to whom it is proposed that the Portion be conveyed if
subdivision of the Property were denied, and that failure to comply with the provisions of the
City's subdivision regulations will not interfere with the purpose of the regulations;
WHEREAS, Section 500.27, City Code of Ordinances, requires that whenever a copy of
a preliminary or final plat or subdivision is filed with the City for approval, published notice
shall be given in the official newspaper of the City of a public hearing to be held not less than ten
(10) days thereafter. At such hearing, all persons interested therein may be heard and the City
Council may thereafter approve or disapprove the plat or subdivision. Subdivisions, after
approval, may be recorded as provided by law; and
WHEREAS, a public hearing was held before the Council concerning the proposed
subdivision, after due notice in accordance with Section 500.27 of the City Code of Ordinances;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield,
Minnesota as follows:
1. Subdivision of the Property, as described in Exhibit A attached hereto,
between the Portion which is described in Exhibit B attached hereto and the
remainder of the Property, is hereby approved.
3
447480v2 RJL RC145-681
2. Compliance with the provisions of Minnesota Statutes, Section 462.358,
Subd. 4b(a) and Section 500 of the City Code of Ordinances is hereby waived
with respect to subdivision of the Property described herein.
3. This resolution is intended to satisfy the requirements of Minnesota Statutes,
Section 272.162 and Section 462.358, Subd.4b, as well as Section 500 of the
City Code of Ordinances.
4. The City Attorney shall file a certified copy of this resolution against the title
of the Property at the time of conveyance of the Portion which is described in
R'h;h;t R
Adopted by the City Council of the City of Richfield, Minnesota this day of
, 2014.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
4
447480v2 RJL RC145-681
EXHIBIT A
Legal Description of the Property (Real Estate To Be Subdivided)
Lot 14, Block 9, Girard Parkview, according to the plat thereof on file and of record in
the office of the County Recorder in and for Hennepin County, Minnesota
Property Address;
6245 Bloomington, Avenue. South, Richfield, Minnesota 55423
A-1
44748M RJL RC 145-681
EXHIBIT B
Legal Description of Real Estate To Be Conveyed
That part of Lot 14, Block 9, Girard Parkview, as is on file in the office of the County Recorder,
Hennepin County, Minnesota, described as follows:
Beginning at the northeast corner of Lot 14, Block 9, Girard Parkview; thence South 89
degrees 13 minutes 13 seconds West, assumed bearing along the north line thereof 118.61
feet; thence South 23 degrees 40 minutes 59 seconds East, 12.11 feet; thence North 89
degrees 13 minutes 13 seconds East, 48.09 feet; thence North 79 degrees 35 minutes 57
seconds East, 66.75 feet to the point of beginning.
B-1
44748M RJL RC 145-681
EXHIBIT C
Parcel Sketch Depicting Portion of the Property To Be Conveyed To Adjacent Owner
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447480v2 RJL RC145-681
RESOLUTION NO.
A RESOLUTION APPROVING SUBDIVISION OF LAND LOCATED AT 6301
BLOOMINGTON AVENUE SOUTH AND WAIVING COMPLIANCE WITH MINN.
STAT. SECTION 462.358, SUBD. 4b(a)AND SECTION 500 OF THE CITY CODE OF
ORDINANCES WITH RESPECT THERETO
WHEREAS, the City is the owner in fee simple of the real estate located at 6301
Bloomington Avenue South, in the City of Richfield, which is described in Exhibit A attached
hereto ("Property");
WHEREAS, the City purchased the Property for public purposes, but has concluded that
the portion of the Property which is legally described on Exhibit B attached hereto and depicted
on Exhibit C attached hereto ("Portion") is not required for said public purposes and is not
foreseen to be required for public purposes in the future, and wishes to subdivide the Property
and convey the Portion to the adjacent owner;
WHEREAS, the proposed subdivision is recommended by the City Director of Public
Works and the City Director of Community Development;
WHEREAS, Section 500.03, Subd. 2, City Code of Ordinances, requires that all
subdivisions of land in the City must be approved by Council resolution pursuant to the
provisions of Minnesota Statutes, Section 462.357;
WHEREAS, Section 500.05, Subd. 1, City Code of Ordinances, provides that no
conveyance of land that constitutes a subdivision within the meaning of Section 500 may be filed
or recorded, if the land is described in the conveyance by metes and bounds;
WHEREAS, Section 500.05, Subd. la, City Code of Ordinances, provides that Section
500.05, Subd. 1, City Code of Ordinances, does not apply to a conveyance if the land
described... (g) is an adjustment of a lot line by relocation of a common boundary, where the
1
447528v2 RJL RC145-682
conveyance does not create an additional lot or space sufficient to construct an additional
residence thereon;
WHEREAS, Section 500.05, Subd. 2, City Code of Ordinances, provides that, in any case
in which compliance with Section 500.05, Subd.l, City Code of Ordinances, will result in an
unnecessary hardship, and failure to comply does not interfere with the purpose of the platting
regulations of Section 500, the City Council may waive such compliance by adoption of a
resolution to that effect, and the conveyance may then be recorded;
WHEREAS, Minnesota Statutes, Section 462.358, Subd.4b(a) provides that in a
municipality in which subdivision regulations are in force and have been filed or recorded as
provided in Section 462.358, no conveyance of land to which the regulations are applicable shall
be filed or recorded, if the land is described in the conveyance by metes and bounds. However,
Section 462.358, Subd. 4b(c) provides that the City, as platting authority, may waive compliance
with the requirements of Section 462.358, Subd. 4b(a) so that the conveyance may by recorded,
if compliance with Subd. 4b(a) will create an unnecessary hardship and failure to comply does
not interfere with the purpose of the subdivision regulations;
WHEREAS, Minnesota Statutes, Section 272.162, Subd. 1 provides that when a deed or
other instrument conveying a parcel of land is presented to the county auditor for transfer or
division under Sections 272.12, 272.16, and 272.161, the auditor shall not transfer or divide the
land or its net tax capacity in the official records and shall not certify the instrument as provided
in Section 272.12, if. (a) the land conveyed is less than a whole parcel as charged in the tax lists;
(b) the part conveyed appears within the area of application of municipal subdivision regulations
adopted and filed under Section 462.36, Subdivision 1; and (c) the part conveyed is part of or
constitutes a subdivision as defined in Section 462.352, Subdivision 12;
2
447528v2 RJL RC145-682
WHEREAS, Minnesota Statutes, Section 462.352, Subd. 12 defines "subdivision" to
mean "the separation of an area, parcel or tract of land under single ownership into two or more
parcels, tracts, (or) lots, ... except those separations ... (3) resulting from court orders, or the
adjustment of a lot line by the relocation of a common boundary; "
WHEREAS, the Council finds that the Portion is an uneconomic remnant, that it is in the
best interests of the public and the City that the remnant be consolidated with the adjacent
property, that such conveyance is simply an adjustment of a common boundary line between two
adjacent properties, that it would be an unnecessary hardship for the current owner of the
Property and the adjacent owner to whom it is proposed that the Portion be conveyed if
subdivision of the Property were denied, and that failure to comply with the provisions of the
City's subdivision regulations and waiver of compliance with the provisions thereof will not
interfere with the purpose of the regulations;
WHEREAS, Section 500.27, City Code of Ordinances, requires that whenever a copy of
a preliminary or final plat or subdivision is filed with the City for approval, published notice
shall be given in the official newspaper of the City of a public hearing to be held not less than ten
(10) days thereafter. At such hearing, all persons interested therein may be heard and the City
Council may thereafter approve or disapprove the plat or subdivision. Subdivisions, after
approval, may be recorded as provided by law; and
WHEREAS, a public hearing was held before the Council concerning the proposed
subdivision, after due notice in accordance with Section 500.27 of the City Code of Ordinances;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield,
Minnesota as follows:
3
447528v2 RJL RC145-682
1. Subdivision of the Property, as described in Exhibit A attached hereto,
between the Portion which is described in Exhibit B attached hereto and the
remainder of the Property, is hereby approved.
2. Compliance with the provisions of Minnesota Statutes, Section 462.358,
Subd. 4b(a) and the provisions of Section 500 of the City Code of Ordinances
is hereby waived with respect to subdivision of the Property as described
herein.
3. This resolution is intended to satisfy the requirements of Minnesota Statutes,
Section 272.162 and Section 462.358, Subd.4b, as well as Section 500 of the
City Code of Ordinances.
4. The City Attorney shall file a certified copy of this resolution against the title
of the Property at the time of conveyance of the Portion which is described in
Exhibit B.
Adopted by the City Council of the City of Richfield, Minnesota this _day of ,
2014
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
4
447528v2 RJL RC145-682
EXHIBIT A
Legal Description of the Property (Real Estate To Be Subdivided)
Lot 20, Block 10, Girard Parkview, according to the plat thereof on file and of record in the
office of the County Recorder in and for Hennepin County, Minnesota.
Property Address: 6301 Bloomington Avenue South, Richfield, MN 55423
A-1
447528v2 RJL RC145-682
EXHIBIT B
Legal Description of Real Estate To Be Conveyed
That part of Lot 20, Block 10, Girard Parkview, as is on file in the office of the County Recorder,
Hennepin County, Minnesota described as follows:
Commencing at the southeast corner of Lot 20, Block 10, Girard Parkview; thence South 89
degrees 20 minutes 15 seconds West, assumed bearing along the south line thereof 63.46 feet to the
point of beginning; thence North 60 degrees 28 minutes 37 seconds West, 20.84 feet; thence North
89 degrees 40 minutes 14 seconds West, 48.34 feet; thence South 22 degrees 34 minutes 35
seconds West, 12.32 feet to the south line thereof, thence North 89 degrees 20 minutes 15 seconds
East, 71.21 feet to the point of beginning.
B-1
447528v2 RJL RC145-682
EXHIBIT C
Parcel Sketch De !£§n2 Portion of Property To Be Conveyed to A#1a entOwne
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PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (the "Agreement") is made as of this day of
, 2014, by and between the City of Richfield, a municipal corporation under the
laws of the State of Minnesota ("Seller") and Ouneheuane Sengsourichanh and Keo
Sengsourichanh, husband and wife ("Buyer").
RECITALS
Seller is the owner of property located at 6245 Bloomington Avenue South, in Richfield
Minnesota, Minnesota, which is legally described on the attached Exhibit A ("Property").
The Property is vacant land. No personal property is included in the sale.
AGREEMENT
1. Offer/Acceptance for Sale of Property. The Seller agrees to sell to Buyer the
Property and Buyer agrees to purchase the same, according to the terms of this Agreement.
2. Purchase Price for Property and Terms.
A. PURCHASE PRICE: The total purchase price for the Property is Two
Thousand One Hundred Thirty -Three and 80/100ths Dollars ($2,133.80) (the
"Purchase Price").
(1): EARNEST MONEY. The sum of Three Hundred and 00/100ths Dollars
($300.00) (the "Earnest Money") shall be paid by Buyer to Seller.
(2): BALANCE DUE SELLER. Buyer agrees to pay by check or electronic
transfer of funds on the date of closing on the Property (the "Closing
Date") the remaining balance of the Purchase Price due to Seller
according to the terms of this Agreement.
(3): DEED/MARKETABLE TITLE. Subject to performance by Buyer, Seller
agrees to execute and deliver a Quit Claim Deed conveying
marketable title to the Property to Buyer, subject only to the following
exceptions:
a. Building and zoning laws, ordinances, state and federal
regulations.
b. Reservation of minerals or mineral rights to the State of
Minnesota, if any.
C. Public utility and drainage easements of record.
1
4456190 CBR RC 145-681
(4): DOCUMENTS TO BE DELIVERED AT CLOSING BY SELLER. In
addition to the Quit Claim Deed required at paragraph 2B(3) above, Seller
shall deliver to Buyer:
a. Standard form Affidavit of Seller.
b. Certificate that Seller is not a foreign national.
C. Well disclosure certification, if required, or, if there is no well on the
Property, the Quit Claim Deed given pursuant to paragraph 2B(3)
above must include the following statement: "The Seller certifies
that Seller does not know of any wells on the described real
property."
d. Any other documents reasonably required by Buyer's title
insurance company or attorney to evidence that title to the
Property is marketable and that Seller has complied with the
terms of this Agreement.
3. Buyer's Contingencies. Buyer's obligation to buy is contingent upon the
following:
a. Buyer's determination of marketable title pursuant to paragraph 4 of this
Agreement;
b. Buyer's determination, in its sole discretion, that the results of any
environmental investigation of the Property conducted pursuant to this
Agreement are satisfactory to Buyer;
Buyer shall have the period provided in paragraph 5 below to remove contingency a., and
fifteen (15) days to remove contingency b., provided that these contingencies are solely for
the benefit of Buyer and may be waived by Buyer. If Buyer or its attorney gives written notice to
Seller that the contingencies at a. and b. are duly satisfied or waived, Buyer and Seller shall
proceed to close the transaction as contemplated herein.
If one or more of Buyer's or Seller's contingencies is not satisfied, or is not satisfied on time, and is
not waived, this Agreement shall thereupon be void at the written option of Buyer and Seller shall
return the Earnest Money, if any, to Buyer, and Buyer and Seller shall execute and deliver to each
other a termination of this Agreement. As a contingent Agreement, the termination of this
Agreement is not required pursuant to Minnesota Statutes, Section 559.21, et. seq.
4. Seller's Contingencies. Seller's obligation to sell is contingent upon the following:
a. Approval of this Agreement by the Richfield City Council;
2
4456190 CBR RC145-681
b. Approval of the lot split required for this conveyance by the Richfield City
Council; and
c. Lot combination for tax purposes with Buyer's property lying adjacent to the
Property.
Seller's contingencies may not be waived.
5. Title Examination/Curing Title Defects. As soon as reasonably possible after
execution of this Agreement by both parties, Buyer shall obtain the title evidence determined
necessary or desirable by Buyer. The Buyer shall have thirty (30) days from the date it receives
such title evidence to raise any objections to title. Objections not made within such time will be
deemed waived. The Seller may affect a cure satisfactory to Buyer or may give written notice to
Buyer that Seller elects not to cure. The Buyer may then elect to close notwithstanding the
uncured objections, or may declare this Agreement null and void and the parties will thereby be
released from any further obligation hereunder.
6. Real Estate Taxes and Special Assessments. Real estate taxes payable in the
year of closing will be pro -rated between Buyer and Seller to the Closing Date. Seller shall pay all
real estate taxes payable in previous years, the entire unpaid balance of special assessments, and
all installments of special assessments levied and pending, including special assessment installments
payable after the year of closing. If closing occurs prior to the date the amount of real estate taxes
due in the year of closing are available from Hennepin County, the current year's taxes will be pro-
rated based on the amount due in the prior year.
7. Closing Date. The Closing Date will be on or before , 2014.
Delivery of all papers and the closing shall be made by mail or electronic mail, or at the offices of
Seller, 6700 Portland Avenue South, Richfield, MN 55423, or at such other location as is
mutually agreed upon by the parties.
Date.
8. Possession The Seller agrees to deliver possession not later than the Closing
9. Seller Warranties.
(a) Mechanics' Liens. Seller warrants that, prior to the closing, Seller shall pay in full
all amounts due for labor, materials, machinery, fixtures or tools furnished within the 120 days
immediately preceding the closing in connection with construction, alteration or repair of any
structure upon or improvement to the Property.
(b) Notices. Seller warrants that it has not received any notice from any
governmental authority as to violation of any law, ordinance or regulation in connection with the
Property.
(c) Tenants. Seller warrants that the Property is not now occupied by tenants and
was not occupied by tenants at the time Seller first received Buyer's written offer to purchase the
Property.
3
4456190 CBR RC145-681
10. Closing Costs/Recording Fees/Deed Tax. The Buyer will pay: (a) the closing fees
charged by the title insurance or other closing agent, if any, utilized to close the
transaction contemplated by this Agreement; (b) fees for title evidence obtained by Buyer; and (c)
the recording fee for the deed transferring title to Buyer. Seller will pay (a) any transfer taxes and
Well Disclosure fees required to enable Buyer to record its deed from Seller under this Agreement
(b) fees and charges related to the filing of any instrument required to make title marketable. Each
party shall pay its own attorney fees.
11. Inspections. From the date of this Agreement to the Closing Date, Buyer, its
employees and agents, shall be entitled to enter upon the Property to conduct such surveying,
inspections, investigations, soil borings and testing, and drilling, monitoring, sampling and
testing of groundwater monitoring wells, as Buyer shall elect; provided, that Seller is given at least
24 hours' notice.
12. Risk of Loss. If there is any loss or damage to the Property between the date
hereof and the Closing Date, for any reason, including fire, vandalism, flood, earthquake or act
of God, the risk of loss shall be on Seller. If the Property is destroyed or substantially damaged
before the closing date, this Agreement shall become null and void, at Buyer's option. At the
request of Buyer, Seller agrees to sign a cancellation of Agreement.
13. Default/Remedies. If Buyer defaults in any of the covenants herein, Seller may
terminate this Agreement, and on such termination all payments made hereunder shall be
retained by Seller as liquidated damages, time being of the essence. This provision shall not
deprive either party of the right to enforce specific performance of this Agreement, provided this
Agreement has not terminated and action to enforce specific performance is commenced within
six months after such right of action arises. In the event Buyer defaults in its performance of the
terms of this Agreement and Notice of Cancellation is served upon Buyer pursuant to Minn. Stat.
Section 559.21, the termination period shall be thirty (30) days as permitted by Minn. Stat.,
Section 559.21, Subd. 4.
14. Disclosures Required by Law. The following disclosures/provisions are required
by law:
a) Wells. Seller certifies that Seller does not know of a well on the Property.
b) Storage Tanks. Seller discloses that, to the best of Seller's knowledge, there are no
above -ground or underground storage tanks located in, on, or under the Property.
c) Septic System. Seller discloses that any sewage generated on the Property will go to a
facility permitted by the Minnesota Pollution Control Agency ("MPCA").
d) Statutory Methamphetamine Disclosure Statement. Pursuant to Minn. Stat. § 152.0275,
Seller certifies that as of the date hereof no methamphetamine production has occurred on
the property.
15. Broker Commission. Each party represents to the other that it has not utilized the
services of any real estate broker or agent in connection with this Agreement or the transaction
contemplated by this Agreement. Each party agrees to indemnify, defend, and hold harmless the
4
445619v3 CBR RC 145-681
other party against and in respect of any such obligation and liability based in any way upon
agreements, arrangements, or understandings made or claimed to have been made by the party
with any third person.
16. Notice. Any notice, demand, request or other communication which may or shall
be given or served by the parties, shall be deemed to have been given or served on the date the same
is personally served upon one of the following indicated recipients for notices or is deposited in
the United States Mail, registered or certified, return receipt requested, postage prepaid and
addressed as follows:
SELLER: Jeff Pearson
City of Richfield
1901 East 66th Street
Richfield, MN 55423
With Copy to: Kennedy & Graven, Chartered
ATTN: Robert Lindall and
Catherine B. Rocklitz
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
BUYER: Ouneheuane Sengsourichanh
and Keo Sengsourichanh
6239 Bloomington Ave. So.
Richfield, MN 55423
17. Entire Agreement. This Agreement, Exhibits, and other amendments signed by
the parties, shall constitute the entire Agreement between Seller and Buyer and supersedes any
other written or oral agreements between the parties relating to the Property. This Agreement
can be modified only in a writing properly signed on behalf of Seller and Buyer.
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date and
year above.
Seller: City of Richfield
By:
Its Mayor
And by:
Its City Manager
5
4456190 CBRRC145-681
Buyer:
Our elieliane Sengsour'c anh
Keo SengsourichanV
EXHIBIT A
Legal Description of Property
That part of Lot 14, Block 9, Girard Parkview, as is on file in the office of the County Recorder,
Hennepin County, Minnesota, described as follows:
Beginning at the northeast corner of Lot 14, Block 9, Girard Parkview; thence South 89
degrees 13 minutes 13 seconds West, assumed bearing along the north line thereof
118.61 feet; thence South 23 degrees 40 minutes 59 seconds East, 12.11 feet; thence
North 89 degrees 13 minutes 13 seconds East, 48.09 feet; thence North 79 degrees 35
minutes 57 seconds East, 66.75 feet to the point of beginning.
6
4456190 CBR RC145-681
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (the "Agreement") is made as of this day of
, 2014, by and between the City of Richfield, a municipal corporation under the
laws of the State of Minnesota ("Seller") and Craig D. Olsen and Sarah L. Olsen, husband and
wife ("Buyer").
RECITALS
Seller is the owner of property located at 6301 Bloomington Avenue South, in Richfield
Minnesota, Minnesota, which is legally described on the attached Exhibit A ("Property").
The Property is vacant land. No personal property is included in the sale.
AGREEMENT
1. Offer/Acceptance for Sale of Property. The Seller agrees to sell to Buyer the
Property and Buyer agrees to purchase the same, according to the terms of this Agreement.
2. Purchase Price for Property and Terms.
A. PURCHASE PRICE: The total purchase price for the Property is One
Thousand Five Hundred Twenty Two and 80/100ths Dollars ($1,522.80) (the
"Purchase Price").
B. TERMS:
(1): EARNEST MONEY. The sum of Three Hundred and 00/100ths Dollars
($300.00) (the "Earnest Money") shall be paid by Buyer to Seller.
(2): BALANCE DUE SELLER. Buyer agrees to pay by check or electronic
transfer of funds on the date of closing on the Property (the "Closing
Date") the remaining balance of the Purchase Price due to Seller
according to the terms of this Agreement.
(3): DEED/MARKETABLE TITLE. Subject to performance by Buyer, Seller
agrees to execute and deliver a Quit Claim Deed conveying
marketable title to the Property to Buyer, subject only to the following
exceptions:
a. Building and zoning laws, ordinances, state and federal
regulations.
b. Reservation of minerals or mineral rights to the State of
Minnesota, if any.
C. Public utility and drainage easements of record.
1
445695v2 CBR RC 145-682
(4): DOCUMENTS TO BE DELIVERED AT CLOSING BY SELLER. In
addition to the Quit Claim Deed required at paragraph 213(3) above, Seller
shall deliver to Buyer:
a. Standard form Affidavit of Seller.
b. Certificate that Seller is not a foreign national.
C. Well disclosure certification, if required, or, if there is no well on the
Property, the Quit Claim Deed given pursuant to paragraph 213(3)
above must include the following statement: "The Seller certifies
that Seller does not know of any wells on the described real
property."
d. Any other documents reasonably required by Buyer's title
insurance company or attorney to evidence that title to the
Property is marketable and that Seller has complied with the
terms of this Agreement.
3. Buyer's Contingencies. Buyer's obligation to buy is contingent upon the
following:
a. Buyer's determination of marketable title pursuant to paragraph 4 of this
Agreement;
b. Buyer's determination, in its sole discretion, that the results of any
environmental investigation of the Property conducted pursuant to this
Agreement are satisfactory to Buyer;
Buyer shall have the period provided in paragraph 5 below to remove contingency a., and
fifteen (15) days to remove contingency b., provided that these contingencies are solely for
the benefit of Buyer and may be waived by Buyer. If Buyer or its attorney gives written notice to
Seller that the contingencies at a. and b. are duly satisfied or waived, Buyer and Seller shall
proceed to close the transaction as contemplated herein.
If one or more of Buyer's or Seller's contingencies is not satisfied, or is not satisfied on time, and is
not waived, this Agreement shall thereupon be void at the written option of Buyer and Seller shall
return the Earnest Money, if any, to Buyer, and Buyer and Seller shall execute and deliver to each
other a termination of this Agreement. As a contingent Agreement, the termination of this
Agreement is not required pursuant to Minnesota Statutes, Section 559.21, et. seq.
4. Seller's Contingencies. Seller's obligation to sell is contingent upon the following:
a. Approval of this Agreement by the Richfield City Council;
2
445695v2 CBR RC 145-682
b. Approval of the lot split required for this conveyance by the Richfield City
Council; and
c. Lot combination for tax purposes with Buyer's property lying adjacent to the
Property.
Seller's contingencies may not be waived.
5. Title Examination/Curing Title Defects. As soon as reasonably possible after
execution of this Agreement by both parties, Buyer shall obtain the title evidence determined
necessary or desirable by Buyer. The Buyer shall have thirty (30) days from the date it receives
such title evidence to raise any objections to title. Objections not made within such time will be
deemed waived. The Seller may affect a cure satisfactory to Buyer or may give written notice to
Buyer that Seller elects not to cure. The Buyer may then elect to close notwithstanding the
uncured objections, or may declare this Agreement null and void and the parties will thereby be
released from any further obligation hereunder.
6. Real Estate Taxes and Special Assessments. Real estate taxes payable in the
year of closing will be pro -rated between Buyer and Seller to the Closing Date. Seller shall pay all
real estate taxes payable in previous years, the entire unpaid balance of special assessments, and
all installments of special assessments levied and pending, including special assessment installments
payable after the year of closing. If closing occurs prior to the date the amount of real estate taxes
due in the year of closing are available from Hennepin County, the current year's taxes will be pro-
rated based on the amount due in the prior year.
7. Closing Date. The Closing Date will be on or before , 2014.
Delivery of all papers and the closing shall be made by mail or electronic mail, or at the offices of
Seller, 6700 Portland Avenue South, Richfield, MN 55423, or at such other location as is
mutually agreed upon by the parties.
Date.
8. Possession The Seller agrees to deliver possession not later than the Closing
9. Seller Warranties.
(a) Mechanics' Liens. Seller warrants that, prior to the closing, Seller shall pay in full
all amounts due for labor, materials, machinery, fixtures or tools furnished within the 120 days
immediately preceding the closing in connection with construction, alteration or repair of any
structure upon or improvement to the Property.
(b) Notices. Seller warrants that it has not received any notice from any
governmental authority as to violation of any law, ordinance or regulation in connection with the
Property.
(c) Tenants. Seller warrants that the Property is not now occupied by tenants and
was not occupied by tenants at the time Seller first received Buyer's written offer to purchase the
Property.
3
445695v2 CBR RC 145-682
10. Closing Costs/Recording Fees/Deed Tax. The Buyer will pay: (a) the closing fees
charged by the title insurance or other closing agent, if any, utilized to close the
transaction contemplated by this Agreement; (b) fees for title evidence obtained by Buyer; and (c)
the recording fee for the deed transferring title to Buyer. Seller will pay (a) any transfer taxes and
Well Disclosure fees required to enable Buyer to record its deed from Seller under this Agreement
(b) fees and charges related to the filing of any instrument required to make title marketable. Each
party shall pay its own attorney fees.
11. Inspections. From the date of this Agreement to the Closing Date, Buyer, its
employees and agents, shall be entitled to enter upon the Property to conduct such surveying,
inspections, investigations, soil borings and testing, and drilling, monitoring, sampling and
testing of groundwater monitoring wells, as Buyer shall elect; provided, that Seller is given at least
24 hours' notice.
12. Risk of Loss. If there is any loss or damage to the Property between the date
hereof and the Closing Date, for any reason, including fire, vandalism, flood, earthquake or act
of God, the risk of loss shall be on Seller. If the Property is destroyed or substantially damaged
before the closing date, this Agreement shall become null and void, at Buyer's option. At the
request of Buyer, Seller agrees to sign a cancellation of Agreement.
13. Default/Remedies. If Buyer defaults in any of the covenants herein, Seller may
terminate this Agreement, and on such termination all payments made hereunder shall be
retained by Seller as liquidated damages, time being of the essence. This provision shall not
deprive either party of the right to enforce specific performance of this Agreement, provided this
Agreement has not terminated and action to enforce specific performance is commenced within
six months after such right of action arises. In the event Buyer defaults in its performance of the
terms of this Agreement and Notice of Cancellation is served upon Buyer pursuant to Minn. Stat.
Section 559.21, the termination period shall be thirty (30) days as permitted by Minn. Stat.,
Section 559.21, Subd. 4.
14. Disclosures Required by Law. The following disclosures/provisions are
required by law:
a) Wells. Seller certifies that Seller does not know of a well on the Property.
b) Storage Tanks. Seller discloses that, to the best of Seller's knowledge, there are no
above -ground or underground storage tanks located in, on, or under the Property.
c) Septic System. Seller discloses that any sewage generated on the Property will go to a
facility permitted by the Minnesota Pollution Control Agency ("MPCA").
d) Statutory Methamphetamine Disclosure Statement. Pursuant to Minn. Stat. § 152.0275,
Seller certifies that as of the date hereof no methamphetamine production has occurred on
the property.
15. Broker Commission. Each party represents to the other that it has not utilized the
services of any real estate broker or agent in connection with this Agreement or the transaction
contemplated by this Agreement. Each party agrees to indemnify, defend, and hold harmless the
4
445695v2 CBR RC145-682
other party against and in respect of any such obligation and liability based in any way upon
agreements, arrangements, or understandings made or claimed to have been made by the party
with any third person.
16. Notice. Any notice, demand, request or other communication which may or shall
be given or served by the parties, shall be deemed to have been given or served on the date the same
is personally served upon one of the following indicated recipients for notices or is deposited in
the United States Mail, registered or certified, return receipt requested, postage prepaid and
addressed as follows:
SELLER: Jeff Pearson
City of Richfield
1901 East 66th Street
Richfield, MN 55423
With Copy to: Kennedy & Graven, Chartered
ATTN: Robert Lindall and
Catherine B. Rocklitz
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
BUYER: Craig D. Olsen and Sarah L. Olsen
6305 Bloomington Avenue South
Richfield, MN 55423
17. Entire Agreement. This Agreement, Exhibits, and other amendments signed by
the parties, shall constitute the entire Agreement between Seller and Buyer and supersedes any
other written or oral agreements between the parties relating to the Property. This Agreement
can be modified only in a writing properly signed on behalf of Seller and Buyer.
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date and
year above.
Seller: City of Richfield
By:
Its Mayor
And by:
Its City Manager
445695v2 CBR RC 145-682
Craig D. Olsen
arah L. Olsen
EXHIBIT A
Legal Description of Property
That part of Lot 20, Block 10, Girard Parkview, as is on file in the office of the County Recorder,
Hennepin County, Minnesota described as follows:
Commencing at the southeast corner of Lot 20, Block 10, Girard Parkview; thence South 89
degrees 20 minutes 15 seconds West, assumed bearing along the south line thereof 63.46 feet to
the point of beginning; thence North 60 degrees 28 minutes 37 seconds West, 20.84 feet; thence
North 89 degrees 40 minutes 14 seconds West, 48.34 feet; thence South 22 degrees 34 minutes
35 seconds West, 12.32 feet to the south line thereof; thence North 89 degrees 20 minutes 15
seconds East, 71.21 feet to the point of beginning.
6
445695v2 CBR RC145-682
RESOLUTION NO. 205
RESOLUTION OF THE RICHFIELD PLANNING COMMISSION
FINDING THAT THE SALE OF REMNANT PARCELS
RELATED TO THE RICHFIELD PARKWAY CONNECTION PROJECT
ARE IN CONFORMANCE WITH THE COMPREHENSIVE PLAN
WHEREAS, the Planning Commission has reviewed the Comprehensive Plan regarding
the construction of Richfield Parkway;
WHEREAS, the Planning Commission has found that the sale of subdivided portions of
the following single family properties to the adjacent landowners as noted would be consistent
with the Richfield Comprehensive Plan:
Lot 14, Block 9, Girard Parkview
(6245 Bloomington Avenue, Sale to 6239 Bloomington Avenue)
Lot 20, Block 10, Girard Parkview
(6301 Bloomington Avenue, Sale to 6305 Bloomington Avenue)
NOW, THEREFORE BE IT RESOLVED, that the Planning Commission finds that the
sale of the above described properties by the City to adjacent landowners is in conformance
with the Richfield Comprehensive Plan.
Adopted this 22nd day of September, 2014 by the Planning Commission of the City of
Richfield, Minnesota,
ATTEST:
Th mas Rublein, Secretary