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06-10-08 AgendaCITY OF RICHFIELD, MINNESOTA • TUESDAY, JUNE 10, 2008 SPECIAL CITY COUNCIL WORKSESSION COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. AGENDA Call to order Roll call 5:30 - 6:15 p. m. 1. Discussion regarding Cedar Point Phase II financing (Council Memo No. 88) Notes: Adjournment *:k*****~lr*~C*~C****YrYc~~iC~c*ic~lr*Ye*Yr*****~F~kYr~k**~it***Ye~YC****~Fie~r*Ye*r~k*******~kYr*Ye~c**~r****~k**YeYt~*~t****~C SPECIAL CONCURRENT CITY COUNCIL//PLANNING COMMISSION WORKSESSION COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:15 P.M. AGENDA Call to order Roll call 6:15- 6:50 q.m. 1. Discussion regarding dynamic signs revisions (Council Memo No. 89) Notes: • Adjournment .7 REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS "~ 6700 PORTLAND AVENUE 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address. the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Worksession of May 27, 2008; (2) Special City Council and Planning Commission Worksession of May 27, 2008; and (3) Regular City Council Meeting of May 27, 2008 PRESENTATIONS 1. Presentation of 2008 Gene and Mary Jacobsen Outstanding Citizen of Year Award to Edwina Garcia (Council Memo No. 90) 2. Presentation of proclamation designating June 2008 as Gay, Lesbian, Bisexual, Transgender Pride Celebration Month in Richfield 3. Annual meeting with Human Rights Commission 4. Recognition of 2007 Gold Medal of Excellence in Fundraising Award for Special Olympics Minnesota presented to Richfield Police for Law Enforcement Torch Run 5. Recognition of Richfield Adopt-A-Park volunteers 6. Presentation and receipt of City of Richfield Comprehensive Annual Financial Report • for fiscal year ended December 31, 2007 (Council Memo No. 91) Staff Report No. 138 • Notes: COUNCIL DISCUSSION 7. Council discussion • Hats Off To Hometown Hits • Update on neighborhood property maintenance inspection program • Update 'on public safety activity related to restaurants Notes: AGENDA APPROVAL 8. Council approval of agenda CONSENT CALENDAR 9. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual • items and recommended actions have also been approved. No further Council. action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of continuing public hearing and second reading of transitory ordinance to vacate utility easement at 800 66th Street West to June 24, 2008 S.R. No. 139 B. Consideration of approval of resolution authorizing use of credit card by City employees otherwise authorized to make purchases on behalf of City for 2008 S.R. No. 140 C. Consideration of approval of resolution authorizing execution of joint cooperation agreement between City of Richfield and Hennepin County for participation in Urban Hennepin County Community Development Block Grant Program in fiscal years 2009-2011 S.R. No. 141. D. Consideration of approval of resolution authorizing Richfield Public Safety/Police Department and Fire Services Department to accept monetary donations from citizens and businesses in Richfield to help cover costs for Safety Day 2008 S.R. No. 142 E. Consideration of approval of resolution authorizing acceptance of $4,000 donation from Chorzempa/Kirchner Family to fund Gateway Gardens project at Wood Lake .Nature Center S.R. No. 143 F. Consideration of approval of recreational facility and amenity dedication proposal request at Donaldson Park from Metro Babe Ruth Umpires Association S.R. No. 144 Notes: • 10. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARING 11. Public hearing and consideration of second reading of transitory ordinance authorizing planning, design and construction of new Police/Fire/City Hall facility and resolution authorizing summary publication of transitory ordinance Staff Report No. 145 Notes: PROPOSED ORDINANCE 12. Consideration of first reading of ordinance amendment to Richfield City Code repealing Subsection 509.17 and amending Subsection 925.01, Subd. 4(a) related to clear visibility at intersections and scheduling second reading for June 24, 2008 Staff Report No. 146 Notes: OTHER BUSINESS 13. Consideration of: • 'bid minutes/tabulation and award contract to Nodland Construction Company for 73rd Street and First Avenue Storm Sewer Project in amount of $876,407.41; and • bid minutes /tabulation and award contract to Veit and Company, Inc. for Augsburg Pond Lift Station in amount of $285,087.01; and • purchase of construction engineering services from WSB & Associates to provide construction oversight services required to complete project in amount of $34,943 Staff Report No. 147 • Notes: 14. Consideration of purchase of Advance sweeper/scrubber from Forklifts of Minnesota for use by garage maintenance division in amount of $39,127 plus tax (tabled from May 27, 2008) Staff Report No. 148 Notes: CITY MANAGER'S REPORT 15. City Manager's report Notes: 16. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) • Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: 17. Receive information regarding utility relocation in connection with 66th Street and Portland Avenue construction project; adjourn. to Closed. Executive Session in Executive Conference Room to consider possible litigation; reconvene to open session in Council Chambers for possible further discussion and decision regarding litigation Staff Report No. 149 Notes: 18. Adjournment of Regular City Council Meeting Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. • AGENDA SECTION: pRESENTATIONS AGENDA ITEM # Ej REPORT # 13$ STAFF REPORT CITY COUNCIL MEETING JuIVE 10, 2008 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITZE • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ~' ITEM FOR COUNCIL CONSIDERATION: Receipt of the City of Richfield Comprehensive Annual Financial Report (CAFR) for the fiscal ear ended December 31, 2007. I. RECOMMENDED ACTION: By Motion: Accept the Comprehensive Annual Financial Report of the City for the year ended December 31, 2007. II. BACKGROUND The City's auditing firm, Mallow, Montague, Karnowski, Radosevich, & Co., P.A.(MMKR), has completed the annual audit of the City's financial records for the fiscal year ended December 31, 2007. A representative of MMKR is present tonight to make a brief presentation on the 2007 financial information and answer questions. In addition, the CAFR will be submitted to the State of Minnesota pursuant to State law and to the Government Finance Officers Association for the Certificate of Achievement for Excellence in Financial Reporting program. III. BASIS OF RECOMMENDATION A. POLICY • Action to be taken at the June 10, 2008 City Council meeting is the official receipt of the December 31, 2007 City of Richfield Comprehensive Annual Financial Report by the City Council. 0610CAFR • The City's auditor has performed an audit of the City's financial records for the year ended December 31, 2007 and prepared reports • to the City Council concerning legal compliance and internal controls. B. CRITICAL ISSUES • Action on this item is requested at the June 10, 2008 City Council meeting. C. FINANCIAL • N/A D. LEGAL • The CAFR will be submitted to the State of Minnesota, pursuant to State law. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • The City Council could ask the auditors for further explanations of their findings at a future Study Session. • V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Bill Lauer, Principal, Malloy, Montague, Karnowski, Radosevich, & Co., P.A. • AGENDA SECTION: CONSENT AGENDA ITEM # 9A REPORT # 139 STAFF REPORT CITY COUNCIL MEETING JUNE 10, 2008 REPORT PREPARED BY: INTERIM DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRISTINE COSTELLO, COMMUNITY ITEM FOR COUNCIL CONSIDERATION: Continue the public hearing and second reading of a Transitory Ordinance to vacate a utility easement at 800 66th Street West to June 24, 2008. I. RECOMMENDED ACTION: By Motion: Continue the second reading and public hearing of a Transitory Ordinance to vacate a utility easement at 800 66th Street West to J u ne 24, 2008. II. BACKGROUND On April 8, 2008 the City Council approved a first reading of a Transitory Ordinance to vacate a portion of a utility easement across the previously vacated Graham Avenue. As is standard procedure for easement vacations, the Hennepin County Registrar of Deeds and Titles and public utility companies were notified of the proposed vacation. Xcel Energy, Qwest and Centerpoint Energy have indicated that they have buried facilities within the vacation area. The petitioner is working with the utility companies to determine whether or not facilities can be relocated or if easements can be reserved. With the indication of buried utilities within the initial proposed vacation easement area the petitioner revised the easement area so that it did not include the buried utilities. The revised easement then went back to the utility companies for review of the revised easement area and we are awaiting comments from the utility companies on the revision of the easement area. 061008 - 800 W 66th St. DEVELOPMENT SPECIALIST III. BASIS OF RECOMMENDATION A. POLICY • An easement for public facilities must be reserved. The applicant is working to clarify the area in which an easement continues to be necessary. B. CRITICAL ISSUES • A public hearing and second reading of the Transitory Ordinance shall be held once the extent of all utility easements is determined. C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATNE RECOMMENDATION~S~ • N/A V. ATTACHMENTS • N/A VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • N/A • AGENDA SECTION: CONSENT AGENDA ITEM # 9B REPORT # 140 • STAFF REPORT JUNE 10, 2008 • REPORT PREPARED BY: DEPARTMENT DIIZECTOR REVIEW: CITY COUNCIL MEETING CHRIS REGIS, FINANCE MANAGER NaNtE, Tr7zs I~v l REVIEWED BY CITY ~ / _ MANAGER: / ` 1/' ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution authorizing the use of a credit card by City employees otherwise authorized to make urchases on behalf of the Cit . I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution authorizing the use of a City. credit card by City employees otherwise authorized to make purchases on behalf of the Citv. II. BACKGROUND The City's auditors, Malloy, Montague, Karnowski, Radosevich, & Co., P.A., as part of their audit of the City's financial records, internal controls and legal compliance are recommending that the use of City credit cards by City employees be approved by the City Council on an annual basis. In today's business environment, most retail businesses, will no longer allow the City to purchase on account and will only accept a City check or a City credit card. Consequently, the use of a City credit card provides efFciency and flexibility for employees to purchase goods and services on behalf of the City. The City currently uses the following credit cards: • 0610Credit Card Use • Five VISA credit cards issued through the Richfield Bloomington Credit Union in the name of the City. The cardholders are the following: • • City Manager • Public Safety Director • Public Works Director • Community Development Director • Recreation Services Director • Three British Petroleum (BP) credit cards issued to the City of Richfield Department of Public Safety. The cardholders are the three police lieutenants. • Three Roundy's credit cards issued to the City of Richfield Recreation Services Department. The Community Center, Wood Lake Nature Center and the Ice Arena use the cards. The cards when not in use are maintained in a locked safe. III. BASIS OF RECOMMENDATION A. POLICY • In accordance with Minnesota Statutes Section 471.382, the City of Richfield must authorize the use of credit cards by any City employee otherwise authorized to make a purchase on behalf of the City. • Further, if a City employee makes or directs a purchase by credit card • that is not approved by the City Council, the employee could be personally liable for the amount of the purchase. • A purchase by credit card must otherwise comply with all statutes, rules, and City policies applicable to City purchases. • Finally, the City's auditors recommend that the City authorize the use of credit cards by City employees on an annual basis. B. CRITICAL ISSUES • N/A C. FINANCIAL • The holders of City credit cards are responsible for reviewing and approving all purchases entered: into with the credit card.. D. LEGAL • The City is required by Minnesota Statute 471.382, to authorize the use of credit cards by City employees otherwise authorized to make purchases on behalf of the City. E. ENVIIZONMENTAL CONSIDERATIONS N/A IV. ALTERNATIVE RECOMMENDATION~S~ • The City Council could decide to not authorize the use of credit cards by City employees. However, most retail businesses in today's environment, will no longer allow the City to purchase on account and will only accept a City check or a City credit card. The use of City credit cards by employees provides efficiency and flexibility for employees to purchase goods and services on behalf of the City. V. ATTACHMENTS • Resolution.. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • 9~-1 RESOLUTION NO. RESOLUTION AUTHORIZING THE USE OF CREDIT CARDS BY CITY EMPLOYEES OTHERWISE AUTHORIZED TO MAKE PURCHASES ON BEHALF OF THE CITY OF RICHFIELD-FOR THE YEAR 2008 BE IT RESOLVED, by the City Council of the City of Richfield as follows: That, in accordance with .Minnesota Statutes, Section 471.382, the City Council of the City of Richfield may authorize the use of a credit card by City employees otherwise authorized to make a purchase on behalf of the City. The authorization is subject to modification and revocation at any time by said City Council, of the City of Richfield, and subject to the following terms and conditions: If a City employee makes or directs a purchase by credit card that is not approved by the City Council, the employee can be personally liable for the amount ~of purchase. The purchases by credit card must comply with all statutes, rules and City of Richfield policies applicable to City purchases. BE IT FURTHER RESOLVED, that designated City staff is hereby authorized to use the following City credit cards to make purchases on behalf of the City of Richfield: • Five VISA credit cards issued through the Richfield Bloomington.. Credit Union in the name of the City. The cardholders are the following: • City Manager • Public Safety Director • Public Works Director • Community Development Director • Recreation Services Director Three British Petroleum (BP) credit cards issued to the City of Richfield Department of Public Safety. The cardholders are the following: • Police Lieutenants (3) Three Roundy's credit cards issued to the City of Richfield Recreation Services Department. The credit cards to be maintained by the following: • Community Center Division • Wood Lake Nature Center Division • Ice Arena Operation Passed. by the City Council of the City of Richfield, Minnesota this 10th day of June, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • AGENDA SECTION: CONSENT AGENDA ITEM # 9C REPORT # 1~+1 STAFF REPORT CITY COUNCIL MEETING JUNE 10, 2008 L~ REPORT PREPARED BY: INTERIM DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: JULIE URBAN, :INTERIM HOUSING SPECIALIST ITEM FOR COUNCIL CONSIDERATION:. Consideration of a resolution authorizing the execution. of a Joint Cooperation Agreement between the City of Richfield and :Hennepin County for participation in the Urban Hennepin Count Communit Develo ment Block Grant Pro ram in Fiscal Years 2009-2011. I. .RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the execution of Joint Cooperation Agreement between the City of Richfield and Hennepin County for participation in the Urban Hennepin County Community Development Block Grant Program in Fiscal Years 2009-2011. II: BACKGROUND .The U.S. Department of Housing and Urban Development (HUD) requires Hennepin County to have an agreement with participating cities in order to qualify as an Urban County and receive Community Development Block Grant (CDBG) entitlement funds. The County then allocates a portion of these funds to Richfield. CDBG funds can be used to provide housing and public services to low-income .households. In the past, Richfield has used CDBG funds to fund the Deferred Loan Program, a rehabilitation loan program for low-income homeowners; the New Home Program, a program to construct new homes for purchase by low-income households; and four public service agencies providing assistance to low-income homeowners and renters. 061008 CDBG Joint Agreement • III. BASIS OF RECOMMENDATION A. POLICY • The Joint Cooperation Agreement (Agreement) ensures the ongoing opportunity to fund CDBG programs and projects. • CDBG provides an annual federal funding source for housing and public service programs for low-income households. B. CRITICAL ISSUES • Richfield cannot continue to receive CDBG funds without the Agreement. • The County has requested that the Council act and the Agreement be returned to the County by the end of June so that federal agreements can be completed in a timely manner. C. FINANCIAL • The City received an allocation of $194,693 in 2008. Future funding amounts will depend on the level of funding authorized by the Federal Government. Historically, funding levels have declined from year to year. • The Housing and Redevelopment Authority (HRA) and public service • agencies administer the program funding based on agreements prepared annually with the City. D. LEGAL • Legal counsel has previously reviewed the Agreement. The only change to the Agreement clarifies the automatic renewal clause in Section III of the proposed Agreement. In the future, the Agreement will be automatically renewed unless the City notifies Hennepin County of its desire not to participate in the program. E. ENVIlZONMENTAL CONSIDERATIONS. ' • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Do not act on the Joint Agreement and discontinue receiving CDBG funds from Hennepin County. V. ATTACHMENTS • Resolution • Joint Cooperation Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A C- RESOLUTI~N NO. i RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF RICHFIELD AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FISCAL YEAR 2009-2011 WHEREAS, the City of Richfield, Minnesota and the County of Hennepin have in effect a Joint Cooperation Agreement for purposes of qualifying as an Urban County under the United States Department of Housing and Urban Development Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs; and WHEREAS, the City and County wish to execute a new Joint Cooperation Agreement in order to continue to qualify as an Urban County for purposes of the Community Development Block Grant and HOME Programs. .NOW, THEREFORE, BE IT RESOLVED that a new Joint Cooperation Agreement between the City and County be executed effective October 1, 2008 and that the Mayor and the City Manager be authorized and directed to sign the Agreement on behalf of the City. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of June, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • 061008 CDBG Joint Agreement ~~~~ Contract No. A080541 JOINT COOPERATION AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, State of Minnesota, hereinafter referred to as "COUNTY," A-2400 Government Center, Minneapolis, Minnesota, 55487, and the cities executing this Master Agreement, each hereinafter respectively referred to as "COOPERATING UNIT," said parties to this Agreement each being governmental units of the State of Minnesota, and made pursuant to Minnesota Statutes, Section 471.59: WITNESSETH: COOPERATING UNIT and COUNTY agree that it is desirable and in the interests of their citizens that COOPERATING UNIT shares its authority to carry out essential community development and housing activities with COUNTY in order to permit COUNTY to secure and administer Community Development Block Grant and HOME Investment Partnership funds as an Urban County within the provisions of the Act as herein defined and, therefore, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions. • COOPERATING UNIT acknowledges that by the execution of this Agreement that it understands that it: 1. May not also apply for grants under the State CDBG Program from appropriations for fiscal years during which it is participating in the Urban County Program; and 2. May not participate in a HOME Consortium except through the Urban County. I. DEFINITIONS The definitions contained in 42 USC 5302 of the Act and 24 CFR §570.3 of the Regulations are incorporated herein by reference and made a part hereof, and the terms defined in this section have the meanings given them: A. "Act" means Title I of the Housing and Community Development Act of 1974, as amended, (42 U.S.C. 5301 et seq.). B. "Activity" means aCDBG-funded activity eligible under Title I of the Housing and Community Development Act of 1974, as amended. Example: single family rehab activity. C. "Annual Program" means those combined activities submitted by cooperating units to COUNTY for CDBG funding as part of the Consolidated Plan. D. "Consolidated Plan" means the document bearing that title or similarly required statements or documents submitted to HUD for authorization to expend the annual grant amount and which is developed by the COUNTY in conjunction with COOPERATING UNITS as part of the Community Development Block Grant Program. 1 ~iG~ 3 E. "Cooperating Unit(s)" means any city or town in Hennepin County that has entered into a cooperation agreement that is identical to this Agreement, as well as Hennepin County, which is a party to each Agreement. F. "HUD" means the United States Department of Housing and Urban Development. G. "Metropolitan City" means any city located in whole or in part in Hennepin County which is certified by HUD to have a population of 50,000 or more people. H. "Program" means the HUD Community Development Block Grant Program as defined under Title I of the Housing and Community Development Act of 1974, as amended. I. "Program Income" means gross income received by the recipient or a subrecipient directly generated from the use of CDBG. J. "Regulations" means the rules and regulations promulgated pursuant to the Act, including but not limited to 24 CFR Part 570. K. "Urban County" means the entitlement jurisdiction within the provisions of the Act and includes the suburban Hennepin County municipalities which are signatories to this Agreement. II. PURPOSE The purpose of this Agreement is to authorize COUNTY and COOPERATING UNIT to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities and • authorizes COUNTY to carry out these and other eligible activities for the benefit of eligible recipients who reside within the corporate limits of the COOPERATING UNIT which will be funded from annual Community Development Block Grant and HOME appropriations for the Federal Fiscal Years 2009, 2010 and 2011 and from any program income generated from the expenditure of such funds. III. AGREEMENT The initial term of this Agreement is for a period commencing on October 1, 2008 and terminating no sooner than the end of the program year covered by the Consolidated Plan, for the basic grant amount for the Fiscal Year 2011, as authorized by HUD, and for such additional time as may be required for the expenditure of funds granted to the County for such period. Prior to the end of the initial term and the end of each subsequent qualification period, the COUNTY, as the lead agency of the URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, shall provide a written notice to the COOPERATING UNIT of their right not to participate in a subsequent qualification period. The written notice will provide the COOPERATING UNIT a minimum thirty (30) day period to submit a written withdrawal. If the COOPERATING UNIT does not submit to the COUNTY a written withdrawal during the notice period, this Agreement shall be automatically extended for a subsequent three- year qualifying period. This Agreement must be amended by written agreement of all parties to incorporate any future changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for the year in which the next qualification of the County is scheduled. Failure by either party to adopt such an amendment to the Agreement shall automatically terminate the Agreement following the expenditure of all CDBG and HOME funds allocated for use in the COOPERATING UNIT's jurisdiction. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at the end of the program period during which HUD withdraws its designation of the COUNTY as an Urban County under the Act. ac-~ • This Agreement shall be executed by the appropriate officers of COOPERATING UNIT and COUNTY pursuant to authority granted them by their respective governing bodies, and a copy of the authorizing resolution and executed Agreement shall be filed promptly by the COOPERATING UNIT in the Hennepin County Department of Housing, Community Works and Transit, and in no event shall the Agreement be filed later than June 30, 2008. COOPERATING UNIT and COUNTY shall take all actions necessary to assure compliance with the applicant's certifications required by Section 104(b) of the Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964; the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974; and other applicable laws. IV. ACTIVITIES COOPERATING UNIT agrees that awarded grant funds will be used to undertake and carry out, within the terms of this Agreement, certain activities eligible for funding under the Act. The COUNTY agrees and will assist COOPERATING UNIT in the undertaking of such essential activities by providing the services specified in this Agreement. The parties mutually agree to comply with all applicable requirements of the Act and the Regulations and other relevant Federal and/or Minnesota statutes or regulations in the use of basic grant amounts. Nothing in this Article shall be construed to lessen or abrogate the COUNTY's responsibility to assume all obligations of an applicant under the Act, including the development of the Consolidated Plan, pursuant to 24 CFR Part 91. COOPERATING UNIT further specifically agrees as follows: A. COOPERATING UNIT will, in accord with aCOUNTY-established schedule, prepare and provide to • the COUNTY, in a prescribed form, requests for the use of Community Development Block Grant Funds consistent with this Agreement, program regulations and the Urban Hennepin County Consolidated Plan. B. COOPERATING UNIT acknowledges that, pursuant to 24 CFR §570.501 (b), it is subject to the same requirements applicable to subrecipients, including the requirement for a written Subrecipient Agreement set forth in 24 CFR §570.503. The Subrecipient Agreement will cover the implementation requirements for each activity funded pursuant to this Agreement and shall be duly executed with and in a form prescribed by the COUNTY. C. COOPERATING UNIT acknowledges that it is subject to the same subrecipient requirements stated in paragraph B above in instances where an agency other than itself is undertaking an activity pursuant to this Agreement on behalf of COOPERATING UNIT. In such instances, a written Third Party Agreement shall be duly executed between the agency and COOPERATING UNIT in a form prescribed by COUNTY. D. COOPERATING UNITS shall expend all funds annually allocated to activities pursuant to this Agreement within eighteen (18) months of the authorization by HUD to expend the basic grant amount. 1. With each annual program COOPERATING UNITS shall submit to the COUNTY activity schedules for the completion and expenditure of funds within eighteen (18) months. COUNTY will institute monitoring measures and provide technical or other assistance to insure activities are proceeding on schedule. • 2. Funds for activities not expended within eighteen (18) months may be recaptured at the discretion of the COUNTY and distributed by COUNTY as provided for in D. 4. Limited extensions to the expenditure deadlines in this section may be granted by COUNTY upon ~C'~ • written request only where the authorized activity has been initiated and/or is subject to a binding contract which provides for the expenditure to be completed within a time period acceptable to COUNTY. Amendments to an annual program by COOPERATING UNITS may be approved by COUNTY up to fifteen (15) months after initial funding has been approved only when the new activity can be completed and funding expended within six (6) months of the amendment approval. Funds not expended within the six (6) month extension period may be recaptured and distributed by COUNTY as provided for in D.4. 4. All funds recaptured by COUNTY will be transferred to a separate account for reallocation on a competitive request for proposal basis at the discretion of the COUNTY where total of such funds is $100,000 or greater. Amounts less than $ 100,000 shall be allocated by COUNTY to other existing activities consistent with timeliness requirements and Consolidated Plan goals. E. COUNTY and COOPERATING UNITS shall expend all program income pursuant to this Agreement as provided below: 1. Program income from housing rehabilitation activities administered by the COUNTY will be incorporated into a pool at the discretion of the COUNTY. The pool will be administered by COUNTY and will be used for housing rehabilitation projects located throughout the entire Urban County. When possible, COUNTY will give priority to funding housing rehabilitation projects within the COOPERATING UNIT where the program income was generated. Funds expended in this manner would be secured by a Repayment Agreement/Mortgage running in • favor of the COUNTY. Program income generated by certain COOPERATING UNITS that administer their own housing rehabilitation activities maybe retained by the COOPERATING UNIT at its discretion; however, such COOPERATING UNITS will be bound by the conditions of D.2., above. Only COOPERATING UNITS that were administering their own activities pursuant to the Joint Cooperation Agreement pertaining to the HUD fiscal years 2006-2008 will be eligible to retain their program income. 2. COUNTY reserves the option to recapture program income generated by non-housing rehabilitation activities if said funds have not been expended within twelve (12) months of being generated. These funds shall be transferred to a separate account for reallocation on a competitive request for proposal basis administered by COUNTY or, where the total of such funds does not exceed $100,000, shall be reallocated by COUNTY to other existing activities consistent with timeliness requirements and Consolidated Plan goals. F. COOPERATING UNITS are encouraged to undertake joint activities involving the sharing of funding when such action furthers the goals of the Consolidated Plan and meets the expenditure goals. G. If COUNTY is notified by HUD that it has not met the performance standard for the timely expenditure of funds at 24 CFR 570.902(a) and the COUNTY entitlement grant is reduced by HUD according to its policy on corrective actions, then the basic grant amount to any COOPERATING UNIT that has not met its expenditure goal shall be reduced accordingly. H. COOPERATING UNIT will take actions necessary to assist in accomplishing the community development program and housing goals, as contained in the Urban Hennepin County Consolidated • Plan. q' C' ~ . I. COOPERATING UNIT shall ensure that all activities funded, in part or in full by grant funds received pursuant to this Agreement, shall be undertaken affirmatively with regard to fair housing, employment and business opportunities for minorities and women. It shall, in implementing all programs and/or activities funded by the basic grant amount, comply with all applicable Federal and Minnesota Laws, statutes, rules and regulations with regard to civil rights, affirmative action and equal employment opportunities and Administrative Rule issued by the COUNTY. J. COOPERATING UNIT that does not affirmatively further fair housing within its own jurisdiction or that impedes action by COUNTY to comply with its fair housing certification shall be prohibited from receiving CDBG funding for any activities. K. COOPERATING UNIT shall participate in the citizen participation process, as established by COUNTY, in compliance with the requirements of the Housing and Community Development Act of 1974, as amended. L. COOPERATING UNIT shall reimburse COUNTY for any expenditure determined by HUD or COUNTY to be ineligible. M. COOPERATING UNIT shall prepare, execute, and cause to be filed all documents protecting the interests of the parties hereto or any other party of interest as may be designated by the COUNTY. N. COOPERATING UNIT has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its • jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction. COUNTY further specifically agrees as follows: A. COUNTY shall prepare and submit to HUD and appropriate reviewing agencies, on an annual basis, all plans, statements and program documents necessary for receipt of a basic grant amount under the Act. B. COUNTY shall provide, to the maximum extent feasible, technical assistance and coordinating services to COOPERATING UNIT in the preparation and submission of a request for funding. C. COUNTY shall provide ongoing technical assistance to COOPERATING UNIT to aid COUNTY in fulfilling its responsibility to HUD for accomplishment of the community development program and housing goals. D. COUNTY shall, upon official request by COOPERATING UNIT, agree to administer local housing rehabilitation activities funded pursuant to the Agreement, provided that COUNTY shall receive Twelve percent (12%) of the allocation by COOPERATING UNIT to the activity as reimbursement for costs associated with the administration of COOPERATING UNIT activity. E. COUNTY may, at its discretion and upon official request by COOPERATING UNIT, agree to administer, for a possible fee, ,other activities funded pursuant to this Agreement on behalf of COOPERATING UNIT. ~c-~ F. COUNTY may, as necessary for clarification and coordination of program administration, develop and • implement Administrative Rules consistent with the Act, Regulations, HUD administrative directives, and administrative requirements of COUNTY. V. ALLOCATION OF BASIC GRANT AMOUNTS Basic grant amounts received by the COUNTY under Section 106 of the Act shall be allocated as follows: A. COUNTY shall retain Thirteen percent (13%) of the annual basic grant amount for the administration of the program. Included in this administrative amount is funding for annual county-wide Fair Housing activities. B. The balance of the basic grant amount shall be made available by COUNTY to COOPERATING UNITS in accordance with the formula stated in part C and the procedure stated in part D of this section utilizing data provided by HUD. The allocation is for planning purposes only and is not a guarantee of funding. C. Allocation of funding will be based upon a formula using data supplied by HUD that bears the same ratio to the balance of the basic grant amount as the average of the ratios between: The population of COOPERATING UNIT and the population of all COOPERATING UNITS. 2. The extent of poverty in COOPERATING UNIT and the extent of poverty in all COOPERATING UNITS. • 3. The extent of overcrowded housing by units in COOPERATING UNIT and the extent of overcrowded housing by units in all COOPERATING UNITS. 4. In determining the average of the above ratios, the ratio involving the extent of poverty shall be counted twice. D. Funds will be made available to communities utilizing the formula specified in C of this Section in the following manner: All COOPERATING UNITS with aggregate formula percentages of greater than three and one half percent (3.5%) of the total using the procedure in part C. of this section will receive funding allocations in accordance with the COUNTY formula allocations. 2. COOPERATING UNITS with aggregate formula percentages of three and one half percent (3.5%) or less of the total using the procedure in part C. of this section will have their funds consolidated into a pool for award in a manner determined by COUNTY on a competitive request for proposal basis. Only the COUNTY and COOPERATING UNITS whose funding has been pooled will be eligible to compete for these funds. E. The COUNTY shall develop these ratios based upon data to be furnished by HUD. The COUNTY assumes no duty to gather such data independently and assumes no liability for any errors in the data furnished by HUD. • F. In the event COOPERATING UNIT does not request a funding allocation, or a portion thereof, the amount not requested shall be made available to other participating communities, in a manner determined by COUNTY. °~ c- 8 • VI. METROPOLITAN CITIES Any metropolitan city executing this Agreement shall defer their entitlement status and become part of Urban Hennepin County. This agreement can be voided if the COOPERATING UNIT is advised by HUD, prior to the completion of the re-qualification process for fiscal years 2009-2011, that it is eligible to become a metropolitan city and the COOPERATING UNIT elects to take its entitlement status. If the agreement is not voided on the basis of the COOPERATING UNIT's eligibility as a metropolitan city prior to July 8, 2008, the COOPERATING UNIT must remain a part of the COUNTY program for the entire three-year period of the COUNTY qualification. VII. OPINION OF COUNSEL The undersigned, on behalf of the Hennepin County Attorney, having reviewed this Agreement, hereby opines that the terms and provisions of the Agreement are fully authorized under State and local law and that the COOPERATING UNIT has full legal authority to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly-assisted housing. Assistant County Attorney U • ~C- ~ • VIII. HENNEPIN COUNTY EXECUTION The Hennepin County Board of Commissioners having duly approved this Agreement on May 6, 2008, and pursuant to such approval and the proper County official having signed this Agreement, the COUNTY agrees to be bound by the provisions herein set forth. COUNTY OF HENNEPIN, STATE OF MINNESOTA Rv• a.~ . Chair of its County Board ,...a. Assistant/Deputy/County Administrator Attest: Deputy/Clerk of the County Board RECOMMENDED FOR APPROVAL Assistant County Administrator -Public Works APPROVED AS TO FORM: Date: Assistant County Attorney Date: Department, Housing, Community Works and Transit Date: APPROVED AS TO EXECUTION: Assistant County Attorney Date: ". ~~~ ~~ IX. COOPERATING UNIT EXECUTION COOPERATING UNIT, having signed this Agreement, and the COOPERATING UNITS governing body having duly approved this Agreement on , 2008, and pursuant to such approval and the proper city official having signed this Agreement, COOPERATING UNIT agrees to be bound by the provisions of this Joint Cooperation Agreement, contract A080541. CITY OF RICHFIELD By: Its Mayor And: Its City Manager ATTEST: CITY MUST CHECK ONE: The City is organized pursuant to: • Plan A Plan B Charter May 13, 2008 • AGENDA SECTION: CONSENT AGENDA ITEM # 9D REPORT # 14?_ ~' STAFF REPORT JUNE 10, 2008 REPORT PREPARED BY: NAME, TITLE • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CITY COUNCIL MEETING BARRY FRITZ, ACTING DIRECTOR OF PUBLIC SAFETY- IGNA /~.L ~ /~1.1+ ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution to accept monetary donations to Safety Day 2008. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution to accept monetary donations from citizens and businesses in Richfield to cover costs for presenting Safety Day to Fourth Grade_Students on June 10, 2008. II. BACKGROUND Each year, the Public Safety Department/Police and the Fire Department conduct a Safety Day for students entering. the fourth grade in the fall of the year. The Safety Day is open to all Richfield students and the only requirement is that they will enter the fourth grade in the fall Various costs are incurred in preparing for and presenting the full day of safety training and fun for the participants. Community support is needed both financially and by participation in order to continue to have'a quality program for fhe youth attending. The following donations are included in the resolution: Richfield Bloomington Credit Union $ 500.00 Laundro Max $ 500.00 Best Buy $ 500.00 Richfield Rotary $1,000.00 0610 Resolution Accepting Donations to Safety Day Wells Fargo $ 250.00 M&I Bank ~ $ 500.00 American Legion Post #435 Target Gift Card $ 200.00 $ 249.00 Irwin Ketroser $ 100.00 Wal-Mart Grant/Forteiture Fund $1,000.00 Crime Prevention Fund $2,000.00 Moenke Brothers Outdoor, Inc. $ 200.00 Sam's Club 2008 $1,000.00 AAA Mpls. Auto Club Foundation for Safety $ 500.00 Jay Petersen Agency, Inc. $ 30.00 Total Donations $8,529.00 III. BASIS OF RECOMMENDATION A. POLICY • .The State requires that the City approve a resolution accepting the funds prior to their issuance. • Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council • The Administrative Services Department issued a memo on November 9, 2004 requiring that all grants and restricted donation to departments be received by resolution and by more than two-thirds majority of the City Council in accordance with Minnesota Statute 465.03. B. CRITICAL ISSUES • N/A C. FINANCIAL • The amount indicated above does not include a donation from the Fire Memorial fund in the amount of $430, which is covered by a separate Staff Report prepared by the Fire Department. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A ALTERNATIVE KECOMMENDATION(S) ~ • Council could deny the acceptance of the donations which would result in the return of such-donations and could have a direct affect on whether the Safety Day could beheld in 2008. ~V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT • None !1V ~ RESOLUTION NO. RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE DEPARTMENT AND RICHFIELD FIRE DEPARTMENT TO ACCEPT MONETARY DONATIONS FOR SAFETY DAY 2008 WHEREAS, the Public Safety Department/Police and the Fire Department have scheduled a Safety Day which is conducted annually for students entering the fourth grade in the fall; and, WHEREAS, a Safety Day has been scheduled for June 10, 2008; and, WHEREAS, businesses and residents in the community support the City's desire to bring activities to young people promoting safety; and, WHEREAS; some .businesses and residents have indicated a desire to make monetary donations to ensure the Safety Day will be held in 2008; and, WHEREAS, -those businesses and residents, along with their monetary donations are as follows: Richfield Bloomington Credit Union $ 500 Laundro Max $ 500 Best Buy $ 500 Richfield Rotary $1,000 Wells Fargo $ 250 M&I Bank $ 500 American Legion Post #435 $ 200 Target Gift Card $ 249 Irwin Ketroser $ 100 Wal-Mart Grant. $1,000 -Crime Prevention Fund $2,000 Moenke Brothers Outdoor, Inc. $ 200 Sam's Club $1,000 AAA - Mpls Auto Club Foundation for Safety $ 500 Jay Petersen Agency, Inc. $ 30 WHEREAS, Minnesota Statute requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council; and, WHEREAS, the donated funds will be used strictly for the funding of the Safety Day 2008. NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Safety will accept the donations, totaling $8,529, in addition to monies to be approved by another resolution from the Fire Memorial fund, to be used entirely for costs incurred by Safety Day. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of June 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk r~ U AGENDA SECTION: CONSENT AGENDA ITEM # 9E REPORT # 143 STAFF REPORT CITY COUNCIL MEETING JUNE 10, 2008 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIlZECTOR NAME, Ti7za • DEPARTMENT DIRECTOR r REVIEW: w~ REVIEWED BY CITY r MANAGER: L~, ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing acceptance of a donation from the Chorzempa/Kirchner Family in the amount of $4,000, to help fund the Gateway Gardens Pro'ect at Wood Lake Nature Center. I. RECOMMENDED ACTION: By Motion: Approve the resolution authorizing acceptance of a donation from the Chorzempa/Kirchner Family in the amount of $4,000, to help fund the Gateway Gardens Project at Wood Lake Nature. Center. II. BACKGROUND Wood Lake Nature Center is in the process of renovating the entrance to the facility; the project is known as the Gateway Gardens. Jan Chorzempa, daughter of Richfield Bank founders Bill and Garnett Kirchner, has donated $4,000 on behalf of the Kirchner/Chorzempa Family to fund a permanent sign for the Gateway Gardens project. • 0610 wood lake donation • III. BASIS OF RECOMMENDATION A. POLICY • Minnesota Statute 465.03 requires every acceptance of a donation or devise of real or personal property of more than two-thirds majority of the City Council. • Wood Lake Nature Center staff will use the donated funds to purchase a permanent sign for the Gateway Gardens. B. CRITICAL ISSUES • Once the donation is accepted, staff can use the funds to continue with the Gateway Gardens project. C. FINANCIAL ~ - • These funds enable staff to proceed with the project and complete it in a timely manner. D. LEGAL • Minnesota Statute 465.03 requires every acceptance of a donation or devise of real or personal property of more than two-thirds majority of • the City Council A.. ENVIRONMENTAL CONSIDERATIONS • To reduce the impact on the natural environment, a rain garden has been incorporated into the Gateway Gardens project. IV. ALTERNATIVE RECOMMENDATION~S~ • Decline to accept the donation and the contract. V. ATTACHMENTS • Resolution VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • N/A q ~'I RESOLUTION NO. RESOLUTION AUTHORIZING ACCEPTANCE OF A DONATION FROM THE CHORZEMPA/KIRCHNER FAMILY IN THE AMOUNT OF $4,000 TO HELP FUND THE GATEWAY GARDENS PROJECT AT WOOD LAKE NATURE CENTER. WHEREAS, Minnesota Statute 465.03 reads in part as follows: Any city, county, school district or town may accept a donation or devise of real or personal property and maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Nothing herein shall authorize such acceptance or use for religious or sectarian purposes. Every acceptance shall be by resolution of the council-adopted by two-thirds majority of its members, expressing such terms in full, and WHEREAS,-the City of Richfield has received donations and donations as described below: - _- _ - DONOR ~ AMOUNT June 2. 2008.1 Jan Chorzem 000.00 • NOW, ,THEREFORE, BE IT RESOLVED, by the-City Council of the City of Richfield, Minnesota, as follows: That the City Council of the City of Richfield hereby accepts the Cornerstone Group donation and authorizes the City to administer the funds in accordance with donation agreements and terms prescribed by donors and to award the project contract to Prairie Restorations, Inc. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of June, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • • STAFF REPORT AGENDA SECTION: CONSENT AGENDA ITEM # 9F REPORT # 144 CITY COUNCIL MEETING JUNE 10, 2008 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE U DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for a facility dedication at Donaldson Park. I. RECOMMENDED ACTION: By Motion: Approve the attached Recreational Facility and Amenity Dedication Proposal Request from Metro Babe Ruth Umpires Association. • II. BACKGROUND In response to recent requests to rename recreational facilities to honor the contributions of two individuals, the Community Services Commission developed the attached policy to handle such requests. The new policy was adopted by City Council on March 11, 2008. A formal request was received from Metro Area Babe Ruth Umpires Association to dedicate Upper Donaldson Field in-honor of the memory of Gordon Larson. The newly created proposal form is attached. The initial proposal is requesting authorization to install a dedication plaque on a modest stone marker outside the third base. line. After talking over alternative locations for the plaque, the final request is for authorization to install a dedication plaque to the east dugout building so that it is viewable from the concession stand. The request conforms to the dedication guidelines set forth in the attached policy. A concept drawing of the proposed dedication plaque is attached for review and includes the text that will appear on the plaque. 0610 Donaldson Dedication Proposal III. BASIS OF RECOMMENDATION • A. POLICY • The Community Services Commission reviewed the attached request and recommends City Council approval. The request conforms to the dedication guidelines set forth in the attached policy. B.~ CRITICAL ISSUES • If approved, the Metro Area Babe Ruth Umpires Association would like to conduct a dedication ceremony during their summer 2008 season. C. FINANCIAL • The attached policy indicates that the nominating- person(s) of such dedication requests shall be entirely responsible for all costs associated with the dedication including application, background check fees, recognition, and memorial plaque. D. LEGAL • None • E. ENVIRONMENTAL CONSIDERATIONS • N/A ALTERNATIVE RECOMMENDATION(S~ • None IV. ATTACHMENTS • Recreational Facility and Amenity Dedication Policy • Richfield Facility Dedication Proposal Form • Rendering of Proposed Dedication Plaque. V. PRINCIl'AL PARTIES EXPECTED AT MEETING • None • Final Draft q ~~ ( 03/11/08 • City of Richfield Recreation Facility and Amenity Dedication Policy Purpose: The purpose of this policy is to establish guidelines for dedicating recreational facilities and amenities including athletic fields, park buildings, and other recreational structures located in the City of Richfield in honor of an individual or organization. The City of Richfield does not accept requests to permanently rename a park, recreational facility or amenity in honor of an individual or organization, but as an alternative offers the following guidelines to dedicate such facilities to the memory of an individual or organization by granting the installation of a dedication plaque onsite of such facilities. Nomination Criteria: Nominations for dedicating City of Richfield facilities or amenities in the memory of an individual or organization shall be based on one or more of the following criteria: 1. In honor of organizations or individuals (living or deceased) who have made a significant contribution, financial or otherwise, to the City of Richfield or who have played a leading role in advancing the City of Richfield as a good place to • live, work or recreate.. 2. In honor of a person, place or event that played a significant role in the history of the City of Richfield. The individual or organization for which the dedication is sought shall be deemed to be of good general character and should not be associated with unlawful or unseemly activities. Dedication Guidelines: The dedication of City recreational facilities via this policy shall be limited to significant facilities or amenities, including but not limited to buildings, rooms in buildings, athletic fields, ponds, bridges, playgrounds, and trails. The dedication of minor amenities such as water fountains and benches are not part of this policy and will be addressed by the Recreational Services Department. Fundraising projects conducted by the Friends of Wood Lake that benefit the Wood Lake Nature Center are exempt from this policy. The dedication of City facilities or amenities shall normally be limited to no more than two per year to maintain the stature of the facility dedication honor. Any undedicated City recreational facility may be nominated for dedication using the criteria of this policy. The nominating person(s) shall be entirely responsible for all costs associated with the dedication including application and background check fees, recognition, and memorial • plaques. The size, style, text and location of the memorial plaque shall be subject to review and approval of the Recreation Services Director and the Nominating Committee. ~i h i i ty or amen ty to t e A~~lication ProcessProcess: The process for dedicating a recreational facil memory of an individual shall be: 1. The nominating person(s) shall request a City of Richfield Recreational Facility Dedication Nomination form from the Recreation Services Department office. Nominations for deceased individuals will not be accepted until after asix-month time period from the date the individual passed away. 2. A fully completed City of Richfield Recreational Facility Dedication Nomination form shall be submitted to the Recreation Services Director and the Nominating Committee along with the specified application fee. 3. The completed application will be reviewed by Nominating Committee (consisting of assigned members of the Community Services Commission) for completeness, accuracy and adherence to policy guidelines. 4. All individuals nominated shall be subject to a criminal background check. 5. If the nomination is rejected based on the above review, the nominating person designated on the application will be notified in writing. 6. Nominations that pass the above review will. be forwarded to the Community Services Commission for review at their next regularly scheduled meeting. 7. Within 60 days of the Community Services Commission meeting at which the application is received, a recommendation will be made. If rejected by the Community Services Commission, the nominating person designated on the application will be notified by City staff in writing. • 8. If approved, the recommendation will be forwarded to the City Council for final review and approval or denial. 9. Nominating parties will be notified in writing of the City Council's actions within two weeks of the meeting at which action is taken. 10. The City Council shall have the authority to override this policy when they deem doing so to be in the best interest of the City. Revocation• Recreational facility dedications may be revoked by the Community Services Commission should information later come to light that runs counter to the substance and spirit of this policy. • LJ • By signing below... ~~ Richfield Facility Dedi~cafior~ PROPOSAL FORM ague as a dedication to en r~tlivitiua g i ouncil. Please. frlf ouf the #drm .ba_in:,, v dY must be appru~re~: by the of their deasia~ 1 understand that I, or the group I represent, will take full responsibility for the cost of purchase and instatiation of this; plaque and any other costs associated with the dedication, I understand that this plaque wil! be donated to. ar~o become property of, the City of Richfield 1 understand that the approval of this dedication may be subject to a criminal backgrcaund check of the honoree and that a fastility dedication may be revoked by the City at a later date should information .later come to light that runs counter to the substance and spirit of the dedication polic~.~. ~ru~>:. as ~' p ~~~~ NLrJ~E FURWARD THIS FORIN TO JOHN EVANS AT THE RICHFIELD COMtv~JNm, CENT'Er~. ~~ ~`, $Y FAX: ~ ~3(,. ~'1( PHANI ~ Ctartjrrrtrnrty Center 6t2-861-3388 jhvarrr~tyofripht`tQd: ; , 3 Nico~et Ave _ <_. ~9 612-86'1-395 Riielcf N 5 423 Richfield Community Center 7000 Nicollet Avenue, Richfield, MN 55423 Phone: 612-861-9395 Fax: 612-861-9388 E-Mail jevans(a~Cityofrichfield.org Gordy Larson began his st~'ted out as a Little League c Ri~th Baseball Program. 1979 1982 Gordy expanded the Senio teams to provide an opportunity Commissioner for Babe Ruth. Committee for several yeazs. Hi Babe Ruth events. His name Minnesota as well as azound the He brought numerous prgmoting bpth Babe Ruth bas The kids were always f fragile health did not keep him many of the youth baseball pla; Gordy helped to start a in Richfield summer baseball in 1975. He In 1978 he became a coach in the Richfield Babe v Gordy become President of Richfield Babe Ruth. ~ Babe Ruth (17 to 19 yeaz olds) from one team to two ~r more kids to play ball. He became State -rdy. served on the National Babe Ruth Tournament traveled throughout the country helping to run National synonymous with Babe Ruth Baseball throughout Jnited States. and district tournaments to be played in Richfield, and pur community. and foremost in his mind. He was totally selfless. His n his goal of improving and providing programs for as in Richfield and the state of Minnesota. baseball program, the Cal Ripkin League, in the state of Minnesota. It was Gordy's id a to form an umpire's group, Metro Babe Ruth Umpires, to officiate Richfield B be Ruth baseball games. This group has been doing so for'tast 18 yeazs. He and his ifelong partner Lois traveled about the state bringing goodwill in the name of Babe In 2006, the yeaz Gordy d ed, he was posthumously inducted into the National Babe Ruth Baseball Hall of Fam . An honor he richly deserved. With his passing, the of Richfield lost a true and devoted friend. Gordy ~~ • was a mentor to many and a frie to all. qr--4 Gordy Larson began his involvement in Richfield summer baseball in 1975. He stated out as a Little League coach. In 1978 he became a coach in the Richfield Babe Ruth Baseball Program. 1979 saw Gordy become president of Richfield Babe Ruth. In 19'82 Gordy expanded the Senior Babe Ruth (17 to 19 year olds) from one team to two teams to provide an opportunity for more kids to play ball. He became State Commissioner for Babe Ruth. Gerdy. served- on the National Babe Ruth Tournament Committee for several years. He traveled throughout the country helping to run National $abe Ruth events. His name was synonymous with Babe Ruth Baseball throughout Miruiesota as well as azound the United States. He brought numerous state and district tournaments to be played in Richf eld, promoting bpth Babe Ruth baseball and pur community. The kids were always first and foremost in his mind. He was totally selfless. His • fragile health did not keep him from his -goal of improving and providing programs for as many of the youth baseball. players in Richfield and the state of Minnesota. Gordy helped to start a new baseball program, the, Cal Ripkin League, in the state of Minnesota. It was Gordy's idea to form an umpire's group, Metro Babe Ruth Umpires, to officiate Richfield Babe Ruth baseball games. This group has been .doing so foz~'!'ast 18 yeazs. He and his lifelong partner Lois traveled about the state bringing goodwill in the name of Babe Ruth. In 2006, the yeaz Gordy died, he was posthumously inducted into the National ~abE Ruth Baseball riaii of Farne. r`in honor he richly deserved. With his passing; the youth of Richfield lost a true and devoted friend. Gordy was a mentor to many and afriend -to all, ~~~ • Donaldson Park Ci-~ of ~~~Fi9~~ ~ O This Facility Dedicated July 19, 2008 is Memory of • CiORDON J. LAR80N Member Minnesota Babe Ruth Baseball Hall of Fame Gordy gave generously of his time and effort to promote the growth of Babe Ruth Baseball is the City of Richfield aad the State of Minnesota. ~~L.fa-c..,.~ ~--o Gordy worked to give all youth an opportunity aad a play ~eball.~ He was a mentor and a friend to all. Donors The Family of Gordy Larson Rod and Mary Keith Metro Babe Ruth Umpire Association • ~~ _ '' (Plaque Size 30"z40") • AGENDA SECTION: PUBLIC HEARING AGENDA ITEM # 11 REPORT # jl~g STAFF REPORT CITY COUNCIL MEETING JUNE 10, 2008 REPORT PREPARED BY: PAM DMYTRENKO, ASSISTANT TO THE CITY MANAGER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION:. Public hearing and second reading regarding the transitory ordinance authorizing the planning, desi nand construction of a new Police/Fire/Cit Hall facilit . I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion:. • Approve second reading of the attached transitory ordinance authorizing the planning, design and construction of a new Police/Fire/City Hall Facility. • Approve resolution for summary publication of the transitory ordinance. • II. BACKGROUND In 2004, the City Council appointed a citizen taskforce (CHAT I) to research the feasibility of remodeling the existing facility versus building a new one. After a through analysis and research, the CHAT I group determined that building a new facility was the best option. Lack of space, technology challenges, significant maintenance costs, and failure to meet ADA regulations were a few of the reasons the group cited for recommending a new facility. In August 2005, the City Council appointed a second citizen taskforce (CHAT II). CHAT II was charged with determining site location, developing preliminary site plans, and analyzing feasibility. 0610CityHall 2nd read CHAT II explored numerous sites and determined that the site of the current • Police/Fire/City Hall facility at 6700 Portland Avenue was the optimum site upon which to build the new facility. Through a request for proposal process, Wold Architects was hired to work with CHAT II to analyze space needs, develop preliminary site plans and building design, and assist with cost estimates. During the fall of 2008, preliminary design and cost estimates were completed and two open. houses were held in December. The feedback received at the open houses was shared with the Council during a workession on December 11, 2007. At its annual goal-setting session in January 2008, the City Council discussed the new Police/Fire/City Hall project and incorporated it as one of the City's 2008 capital projects. Two additional public open houses were held on May 1 and 3, 2008 to provide more opportunity for public feedback on the project. Wold Architects has provided all of the services set forth under its contract with the City and the City has fully expended its not.to exceed limit of $75,000. In order to proceed with the planning, design and construction of a new facility, a public hearing is required by the City Charter. III. BASIS OF RECOMMENDATION A. POLICY • Pursuant to Section 8.04 of the City Charter, the project will require approval of a transitory ordinance because the estimated project cost exceeds $500,000. B. CRITICAL ISSUES • The existing facility is old, outdated and inadequate to accommodate City staff and services. Issues with the current facility include lack of space (community meeting space, storage space and lobby waiting area), inadequate security, rusted pipes with asbestos; mold concerns, outdated electrical equipment, and failure to meet ADA compliance regulations. • According to an April 2003 report prepared by Tushie Montgomery Architects, the cost to remodel the current facility versus building new was determined to be greater. The risk of unanticipated costs is higher for remodeling because the extent of deterioration can be difficult to accurately assess prior to renovation. • .The current state of the construction business and interest rates indicates that it is more favorable to build now than to delay. The longer the construction of the new facility is delayed, the more it will cost. • The current state of City Hall indicates that there is not a no-cost option. A decision to remain in the current facility will require the expenditure of significant funds to correct current, ongoing problems • as well as to plan for other anticipated needs/problems. C. FINANCIAL • Estimated total project cost of the new facility, at 87,507 square feet, is $21,650,000. • Financing for the new facility is expected to come from the issuance of General Obligation Capital Improvement bonds or Voted General Obligation bonds. The term of both types of bonds would be 20 years. • Estimated taxpayer impacts would vary depending on the taxable market value of properties. For example, it is estimated taxes would increase for a home valued at $250,000 by $136.04/year. D. LEGAL • Pursuant to Section 8.04 of the City Charter, the project will require approval of a transitory ordinance because the estimated project cost exceeds $500,000. • Pursuant to Section 8.05 of the City Charter, notice of the public hearing was published twice in the Sun Current fourteen days prior to the hearing. Publication dates were May 29, 2008 and June 5, 2008. • The City Attorney has reviewed the procedure for this .capital improvement and finds that it complies with the City Charter. • The City Attorney has reviewed the resolution for summary publication. E. ENVIRONMENTAL CONSIDERATIONS • Any new facility will incorporate sustainability features as determined through acost/benefit analysis. IV. ALTERNATIVE RECOMMENDATION~S~ • Council may choose to take no action at this time or defer action to a later date. Any deferment will impact the scheduling of future Council actions . required under the City Charter and, ultimately, the construction of the project. V. ATTACHMENTS • Proposed Transitory Ordinance. • Resolution for Summary Publication. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Wold Architect Representatives • City Hall Task Force members (CHAT II) • l l- l BILL NO. Transitory Ordinanc~o: AN ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT .FOR CONSTRUCTION OF A POLICE/FIRE/CITY HALL PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings. 1.01. Section 8.04 of the Richfield City Charter requires that any capital improvement on City-owned property that has an estimated cost exceeding $500,000.00 or expenditures for design or engineering costs exceeding $75,000.00 must be approved by ordinance after a public hearing. 1.02. It is proposed that the City Council approve a capital improvement project for the improvement of .property at the southwest comer of .the intersection of 67 Street. and Portland Avenue, the current site of the existing Police/Fire/City Hall. 1.03. The capital improvement protJect consists of the design, engineering and construction of a new Police/Fire/City Hall Facility~~and related improvements, including, but not limited. to parking and utilities connections (the, City Hall Project).. 1.04. The estimated construction cost of the capital improvement, excluding preliminary design costs, is in excess of $500,000. The preliminary. estimates for total .construction cost is $21,650,000.00. 1.05. A public hearing was held on June 10, 2008 after due notice as required by Section • 8.05 of the Richfield City Charter. 1.06. The Council finds and determines that it is in the best interests of the City. and its inhabitants that the City Hall Project be approved.. Sec. 2. Approval; effective date. 2.01. The City Hall ProJJ'ect is approved, and planning, design and construction of the .City Hall. Project mayproceed according to the procedures required by law. 2.02. The purpose of this Ordinance is to comply with the requirements of Section 8.04 of the. Richfield City Charter. This Ordinance shall not be construed to require that the City proceed with the City Hall Project; nor does it vest any rights in the City Hall Project to any mdividuai or entity. This Ordinance shall not be construed to pre-approve any contracts for the desiggn or construction of .the City Hall ProJ'ect, and the City Council specifically reserves to itself. the authority to approve any such contracts. The City Council. reserves 'the right to abandon the City -Hall Project or to modify elements of the City -Hall Project, if .the .Council deems abandonment or modification to be in the public interest. 2.03. This ordinance is effective 30 days following its publication. Adopted by the City of Richfield this 1 Oth day of June, 2008. De ie oette , ayor ATTEST:. • ancy i s, ity er ~' ~ RESOLUTION NO. • RESOLUTION APPROVING SUMMARY PUBLICATION OF A TRANSITORY ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT FOR THE CONSTRUCTION OF A POLICE/FIRE/CITY HALL, .PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 WHEREAS, the City has adopted the above referenced ordinance to the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official. publication: SUMMARY PUBLICATION BILL NO. 2008 - TRANSITORY ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT FOR THE CONSTRUCTION OF A POLICE/FIRE/CITY HALL, PURSUANT TO RICHFIELD CITY .CHARTER SECTION 8.04 This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The ordinance authorizes a capital improvement project consisting of the design, engineering and construction of a police/fire/city hall facility. The preliminary estimate for total construction cost is $21,650,000.00. Copies of the ordinance are available for public inspection in the Administrative Services Department during normal business hours or upon request by calling Assistant to the City Manager Pam Dmytrenko (612-861-9708). Adopted by the City Council of the City of Richfield, Minnesota this 10th day of June 2008. Debbie Goettel, Mayor ATTEST: - Nancy Gibbs, City Clerk n U .7 AGENDA SECTION: p.ROP. ORDINANCE AGENDA ITEM # 12 REPORT # 146 ~~- STAFF REPORT CITY COUNCIL MEETING JUNE 10, 2008 REPORT PREPARED BY: INTERIM DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR ITEM FOR COUNCIL CONSIDERATION: First reading of an ordinance amendment reducing the required clear view distance at intersections. I. RECOMMENDED ACTION: By Motion: Approve first reading of the attached ordinance amending the Richfield City Code by repealing Subsection 509.17 and amending Subsection 925.01, Subd. 4(a) related to clear visibility at intersections. • II. BACKGROUND The City Code currently regulates traffic visibility. at corners as follows (also see attached illustrations): • Intersections not controlled in all directions: Nothing shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision between the height of 30 inches and 10 feet above the abutting curb line of the intersecting streets within a triangular area beginning at the intersection of the projected curb lines, extending 50 feet along each curb line, thence connecting. • Intersections controlled in all directions (stop signs or traffic signals): Same as above but for the distance along each curb is decreased to 30 feet. 061008 - 1st Read sight triangles With the adoption of the stop sign policy eliminating uncontrolled intersections within • the City, it is the opinion of staff that the 50-foot requirement should be reduced to 30 feet. The recently-adopted policy will provide for some control at every intersection in the City, thereby reducing the need for such extensive clear zones. The proposed ordinance revision would require the maintenance of a clear "sight triangle" extending 30 feet along each curb. Staff conducted a review of sight triangle regulations in nearby suburban communities for comparison: BlooPnington: 15 feet along property lines (not curb line) Eagan: 30 feet Edina: 30 feet Hopkins: 30 feet St. Louis Park: 50 feet III. BASIS OF RECOMMENDATION A. POLICY • City regulations are intended to protect and promote public health and safety. • The proposed ordinance revisions will continue to do so. • B. CRITICAL ISSUES • The new stop sign policy will provide a minimum of two-way traffic control at all intersections. This additional control reduces the need fora 50-foot clear zone. • Staff is of the opinion, based on the experience of enforcement of current regulations, that a 50-foot sight triangle is excessive in terms of visibility needs. • A 50-foot sight triangle can significantly limit a property owner's ability to landscape and enhance their property. • The revised ordinance will allow the City to require a larger clear zone if it is determined to be necessary in order to protect public safety. C. FINANCIAL. • N/A D. LEGAL • A public hearing was held before the Planning Commission on May 28, 2008. • One resident shared concerns related to public utility boxes/vaults, campaign signs and solid fences within sight triangles and a specific • concern about the intersection at 70th Street and Clinton Avenue. • The Planning Commission voted unanimously to recommend approval of the attached Ordinance. • A second reading is scheduled for June 24, 2008. • If a second reading is approved, the Ordinance will take effect 30 days • following publication in the Sun Current. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny a first reading of the attached Ordinance. V. ATTACI-IlVIENTS • Ordinance • .Sight triangle illustrations VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A • a-1 BILL NO. • AMENDMENT TO RICHFIELD CITY CODE REPEAL SUBSECTION 509.17 AND AMEND SUBSECTION 925.01, SUBD. 4(a) OF THE CITY CODE RELATED TO CLEAR VISIBILITY AT INTERSECTIONS THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Richfield City Code Subsection 509.17 is hereby repealed upon the effective date of this Ordinance. Section 2 Subsection 925.01, Subdivision 4(a) of the Richfield City Code is amended to read as follows: Subd. 4. Public nuisances affecting peace and safety. The following are declared to be nuisances affecting peace and safety: (a) ~ Trees, hedges, billboards or other obstructions which prevent persons from having a clear view of traffic approaching an intersectlon from cross streets in sufficient time to bring a motor vehicle drawn at a reasonable speed to a full stop before the intersection is reached. In general, on corr to • In area as defined as follows: "beginning at the intersectlon or the prolectea to Section 3 This Ordinance is effective in accordance with Section 3.09 of the Richfield .City Charter. Passed by the City Council of the City of Richfield, Minnesota this day of 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • 061008 - 1st Read sight triangles 50-foot sight triangle (uncontrolled intersections) 30-foot sight triangle • (4-way controlled intersections) PROPOSED REGULATION FOR ALL . INTERSECTIONS ~ a-~. a~w~~r;, ~~~ ~ ~ ~~: i-1. y ~ ' .. ..~...w~ - .: t. ::> ' ~, a ~~: `' RvA~wA~r ~t~~` ~.__ . ~ . ~ F116WT~ WAY '. ` ~ ~ -'- ~- - '~-fT la~... ~....~ ~ ~~~ ` ,~ F t BCAkf P-2G • • STAFF REPORT CITY COUNCIL MEETING JUNE 10, 2008 • • REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: AGENDA SECTION: Q~jt BIISINESS AGENDA ITEM # 13 REPORT # 147 TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract for both the 73~d Street and 1St Avenue Storm Sewer Improvement Project and the Augsburg Pond Lift Station and authorization to hire WSB & Associates to provide construction oversight of the Lift Station construction. I. RECOMMENDED ACTION: By Motion: • Accept the bid minutes/tabulation and award contract to Nodland Construction Company in the amount of $876,407.41 for the 73rd Street and 1St Avenue Storm Sewer Project. • Accept the bid minutes/tabulation and award contract to Veit and Company, Inc. in the amount of $285,087.01 for the Augsburg Pond Lift Station. • Approve the purchase of construction engineering services from WSB & Associates to provide construction oversight services required to complete the project. IL BACKGROUND There has been a history of flooding at the 73 Street and 1St Avenue intersection; needed improvements were identified in-1988. The proposed design includes a new storm sewer system that exceeds 100-year storm protection, prevents more than 6" of water from building up in the intersection during rain events, and removes the intersection from the Norby's Pond watershed and Minnehaha Creek Watershed 0610Augsburg&73&1 st KRISTIN ASxER, CITY ENGINEER District. The proposed. storm sewer design provides infrastructure to convey the water up 1St Avenue, across 72"d Street to Augsburg Park and into Augsburg Pond (Project Map attached). A lift station is included in the design to give Augsburg Pond an outlet to Wood Lake. III. BASIS OF RECOMMENDATION A. POLICY • The 73~d Street and 1St Avenue Storm Sewer Project is identified as a high priority by the City Council in the City's Comprehensive Surface Water Management Plan. • Council approval is required for expenditures over $25,000. B. CRITICAL ISSUES • The funding for the projects will be provided by he 2006 Storm Utility Bond sale proceeds and must be spent down by October 2008 to avoid arbitrage. • WSB and Associates serves as the City'sstorm water engineer and has been involved with the planning .and design of these projects. C. FINANCIAL • Nine bids were received for the 73~d Street & 1St Avenue Project; the .low • bid was $876,407.41. The engineer's estimate was $1,225,552.00, so the project is within the expectedbudget estimates. • Eight bids were. received forthe Augsburg Pond Lift Station; the low bid was $285,087.01... The engineer's estimate was $419,091.50, so the project is within the expected budget estimates. • The total estimated cost for the construction administration is $34,943 to be paid on an hourly basis. • The projects will be funded by the City's Storm Sewer Utility. D. LEGAL • The City Attorney will be available to answer questions. • WSB & Associates is included in the City's engineering consultant pool and this work would be completed as a work order. E. ENVIRONMENTAL CONSIDERATIONS • None. IV. ALTERNATIVE RECOMMENDATION(S~ • The Council may .reject all bids and choose not to construct the improvements at this time; however, the City is obligated to spend down the 2006 Storm Utility Bond proceeds prior to October 2008 to avoid arbitrage. • The Council may choose not to approve the purchase of engineering • services from WSB & Associates for the construction oversight of the lift station construction. V. ATTACHMENTS • Bid minutes and tabulation for 73~d Street and 1St Avenue Storm Sewer Project • Bid minutes and tabulation for Augsburg Pond Lift Station Project • Project Layout • WSB Work Plan for construction inspection services. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. • • ~~-'~ CITY OF RICHFIELD, MINNESOTA U Bid Opening June 2, 2008 1:00 p.m. 73rd St. & 1st Ave. Stormwater Project Bid No. 08-06 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for the 73rd St. & 1st Ave. Stormwater Project, as advertised in the official newspaper on May 15 & 22, 2008. Present: Nancy Gibbs, .City Clerk Cheryl Krumholz, City Manager Representative Derick Anderson, Civil Engineer • U The following bids were submitted and read aloud: Contractor Bid Security (5%) Addendum No. 1 Grand Total Bid Burschville Construction, Inc. Provided Received $1,100,163.15 GL Contracting, Inc. Provided Received $1,019,659.51 Kuechle Underground, Inc. Provided Received $923,564.00 Lametti and Sons, Inc. Provided Received $1,243,711.00 Minger Construction, Inc. Provided Received $1,084,083.78 Nodland Construction Co. Provided Received $876,407.41 Northdale Construction Co., Inc. Provided Received $953,896.58 Northwest Asphalt, Inc. Provided Received $926,382.42 S.R. Weidema Provided Received $965,426.30 The City Clerk announced that the bids would be tabulated and considered at the June 10, 2008 City Council Meeting. Nancy Gibbs City Clerk 3-d-- CITY OF RICHFIELD, MINNESOTA • Bid Opening June 2, 2008 1:15 p.m. Augsburg Pond Lift Station Bid No. 08-07 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for the Augsburg Pond Lift Station, as advertised in the official newspaper on May 15 & 22, 2008. Present: Nancy Gibbs, City Clerk Cheryl Krumholz, City Manager Representative Derick Anderson, Civil Engineer • • The following .bids were submitted and read aloud: Contractor Bid (5%) rity Grand Total Bid Burschville Construction, Inc. Provided $326,986.76 G.F. Jedlicki, fnc. Provided $337,649.00 Kuechle Underground, Inc. Provided $288,141.81 Lametti and Sons, Inc. Provided $441,723.00 Minger Construction, Inc. Provided $307,837.05 Northdale Construction Co. Provided $313,726.26 Penn Contracting, Inc. Provided $420,391.00 Veit & Company, Inc. Provided $285,087.01 The City Clerk announced that the bids would be tabulated and considered at the June 10, 2008 City Council Meeting. Nancy Gibbs City Clerk !3-~ Proposed Lift Station New 42" Storm Sewer Legend Existing Storm Sewer Proposed- Storm Sewer 73rd Street & 1st Avenue Drainage Improvement Project '- ~.sB City of Richfield, MN ~A~~~,,,~. Proposed Improvements 0 N W ~ E 125 250 O Feet / WSB l ~ ° ~f &assnc- Infrastructure ^ Engineering a Planning ^ Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 541-4800 Fax: 763 541-1700 June 3, 2008 Ms. Kristin Asher City of Richfield 6700 Portland Avenue Richfield, MN 55423 Re: Augsburg Pond Lift Station Construction Services City Project No. 53003 WSB Project No. 1532-19 Dear Ms. Asher: As requested we have developed a work plan and fee to provide construction phase engineering services for the Augsburg Pond Lift Station. The tasks associated with the construction phase engineering services of this project are outlined below. Task 1-Pre-construction-conference This task will include preparation for and conducting the Pre-Construction Conference, preparing and distributing the meeting minutes, and review and comment on-the contractor's preliminary construction schedule. Task 2 -Contract administration The major responsibility of this task will be to support the field activities and to react to field conditions as they are encountered so that modifications, adjustments, and/or corrections can be made, as necessary, to meet the overall goals for the project. Anticipated activities include reviewing a detailed construction schedule based on the approved preliminary schedule; monitoring of submittals and correspondence using a document tracking system; reviewing progress schedule updates; responding to Request(s) for Information (RFIs); identifying potential :change .orders; recommending potential change orders for, approval by the. City,. as needed; providing final inspection; reviewing monthly applications for payment; and attending monthly progress meetings/site visits. Task 3 -Shop drawing and Equipment O&M Manual review This task will involve receiving and logging all contractor submittals required by the contract documents; reviewing and providing comments or approval of submittals as appropriate; returning submittals marked with appropriate comments to the City, the contractor, and the construction observer; and maintaining files of all submittals as received and as returned. Task 4 -Construction staking Construction staking will be provided at the lift station site and along the forcemain route for the contractor to use as a reference for construction. • Task 5 -Soils testing WSB & Associates, Inc. will coordinate necessary soils and materials testing with the City's Geotechnical Testing firm.. The scope of services proposed herein does not include performance of the soils and materials testing services.. C: (Documents and SettingslKAsherlLocal SettingslTemporarylnternet FilesIOLK421LTR-Prop -kosher-060308.doc y Ms. Kristin Asher ..~ June 3, 2008 ~ ~J "' J Page 2 Task 6 -Construction observation WSB will provide construction observation to monitor construction and installation of the improvements. We have estimated half-time construction observation over a period of 10 weeks, which is the time we anticipate it will take to construct the lift station and storm sewer. Estimated time for the construction observer is assumed to be 200 hours total. Task 7 -Record drawing preparation WSB will provide record drawings to the City based on the contractor's marked up record drawings. The record drawings shall be included in the electronically formatted drawings using AutoCAD. ]n addition, two hard copies of the record drawings will be submitted to the City for future-use. SCHEDULE It is the City's intent to have the project complete and operational by October 1, 2008. In order to meet this construction completion date the following schedule is anticipated: Council Accept Bids and Award Project....: .................:::............:...........:...... June 10, 2008 Preconstruction Meeting ...........: ..:......:..::.................:....:.:............................. June 23, 2008 Begin Construction ................::.....:......................:..............................._.......... June 30, 2008 Substantial Completion ..........: .........................:.:...:.............:..:.....::........ September 1, 2008 Final Construction Complete ........................................:.-..:.::....:.................October 1, 2008 PROPOSED FEE • We propose to complete the tasks outlined above on an hourly basis with an estimated of $34,943. We will review our progress monthly and will not exceed this amount without your prior approval: We appreciate the opportunity to provide you with this scope of services and fee and look forward to working with you on the construction phase portion of this project. If you have any questions, please contact me at 763-512-5240. Sincerely, WSB & Associates, Inc. Kevin F. Newman, PE Project Manager cc: Pete Willenbring, WSB & Associates, Ina ACCEPTED BY: Kristin Asher Date City of Richfield C: (Documents and SettingslKAsherlLocal SettingslTemporary Internet Files10LK421LTR-Prop - kosher-060308.doc f ~J ~' STAFF REPORT 148 AGENDA SECTION: OTHER BIISINESS AGENDA ITEM # REPORT # 14 CITY COUNCIL MEETING JUNE 10, 2008 • REPORT PREPARED BY: DEPARTMENT DIItECTOR REVIEW: REVIEWED BY CITY MANAGER: MARK L. HALL, FLEET BL PARK SUPERVISOR ITEM FOR COUNCIL CONSIDERATION: Consideration of the purchase of a new sweeper/scrubber for use by the Garage Maintenance Division. I. RECOMMENDED ACTION: By Motion: Approve the purchase of an Advance sweeper/scrubber from Forklifts of Minnesota for $39,127.00 lus tax. II. BACKGROUND The new City Maintenance Facility will have approximately 72,000-sq. ft. of floor space that will need to be swept and scrubbed on a regular basis. Our• street sweepers cannot be used because they are too large and will not fit into the. basement areas or the tuck under areas of the main shop. Also,-they are not capable of washing the floor, only sweeping it. At the Council's May 27, 2008 meeting, the Council tabled action on the purchase of this machine until staff determined the costs to rent or lease this machine in comparison to purchasing it. • The City has the option to lease this machine instead of purchasing it. Fora 36- month lease at $1,190.24 /month, the total cost would be $42,848.64 plus a $1.00 buyout. A 48- month lease would be $919.09 /month-for a total cost of $44,116.32 plus a $1.00 buyout. A 60-month lease would be $756.32 for a total cost of 061008sweeperscrubber • $45,379..20 plus a $1.00 buyout (See attachment). These machines are not available for long term rental. Purchase has been coordinated through the State of Minnesota Cooperative Purchasing Program. Under this program, the State of Minnesota solicits bids from a variety of dealers for specific motor pool equipment. The low bidder for the type of equipment required is then awarded a contract to supply equipment to the participating members of the Cooperative Purchasing Program at the low bid price. The City of Richfield participates in this program. The low bid for the sweeper is $39,127.00 from Forklifts of Minnesota. Staff recommends purchasing the sweeper rather than leasing because of lower overall cost. III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield participates in the Minnesota State Cooperative Purchasing Program B. CRITICAL ISSUES • Approval at the June 10; 2008 Council meeting will facilitate timely delivery of the sweeper/scrubber. • C. FINANCIAL. • Funding for this machine will be from the Furniture, Furnishings & Equipment funding of the building project. D. LEGAL • When the purchase price of materials, merchandise, equipment, or construction exceeds $25,000.00, authority to purchase shall be submitted to the City Council for consideration. E. ENVIRONMENTAL CONSIDERATIONS • N/A ALTERNATIVE KECOMMENDATION(S) ~ • Council may delay approval to a later meeting. Delayed approval, however, will result in delayed delivery. • Council may decide to lease machine, at an overall higher cost, which would spread payments over a specified period of time. . TTACHMENTS I • Lease advertisement from Forklifts of Minnesota, Inc. I V 1. PRINCIPAL PARTIES EXPECTED AT MEETING I • None • i r' ---- _ i 06toin NEW labor-saving equipment r, fight away and day for the equipment as it is being used. Use the monthly tabor savings to make the monthly lease payments. You avoid the caprtoJ approval process! - t Preserve cash or other needs! f ~ Established budget allocations are preserved and cash may be kept available for operational and emergency needs 7 ~ Stay within budget, Leasing spreads payments our over severs! budget periods. ~ Lease payments can come out of operation, not capital budgets. 1 j Uwn the Equipment for $1.00 of the end o f the lease. ' '• Typically, municipalities ore unable to sign anon-rnnrefnble contract. That is whyAdvonce Leasing provides a municr`pa! addendum ~ with a "Non-Appro~hriations"clause. This important document provides the terms and conditions that o(lows the entity io terminate the tease without penalty if funding for any subsequent year of the lease cannot 6e appropriated. _..__3 Typically Who's Eligible?~ i i States * Counties ~ Public Universities and Colleges ~ Cities ~ Villages Public School Districts ~ Towns ~ Townships ~ 1/o/unteer Fire Departments * IRS Section 103 entities are typiplly eligible. Please consult your local governance for eligibility. Get NEW Advance. labor saving equipment now and make no payments for 9D Days!'r Term Multiplier Term Multiplier 24 .04583 36 .03176 documentation fee ($90 in PA} is due This Advance Leasing special o f fer is goad from April l through June 30! 100 Prairie. Center Drive • Eden Prairie, MilenesQta 55344 • {888 384-5245 _ _, !_' - - .Quotation Nt55AN rH~ io~cuFr. FORKLIFTS OF MINNESOTA, INC. Fi'iRKU1=t- • I'O Box 20028 • SOF Wesc 78rh Sr • Bloomington, MN 55420 (9521887-5400 • FAX (952) 581-3030 • www.forkiifrsofrnn.cam n, Sind IS49" ~M~MOV~ IAdvance yrs,r.e Lease Information Lease payment does not include freight and taxes $1.00 Purchase Options -Finance Leases 36 month dollar buy-out ,_ _ $ 1,190.24 48 month dollar buy-out ~ $ 919.09 60 month dollar buy-out ___ $ _,_ _ 756.32 Fair Market Value Lease O bons FMV lease payments teased on tote! equipment value: $48,907.00 _ _ _ month FMV ~ $ 1,039.21 month -FMV - $ 891.31. __.__-......______ -_ .__ _._..- _._.- _.. _--.._-- ~T^..---._ ... __-___.__.____ .month FMV.. ___.. _.. _ - . $ 745.37 tease rates subject to change. A..~L~ Jl 97'L'G AA\/ • ~• yS,3?9 ZO /1 Jl 1 J ~~ STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING JUNE 10, 2008 OTHER BUSINESS 17 149 REPORT PREPARED BY: CORR,~iE HEINE, CITY ATTORNEY ' NAME, T/7ZE REVIEWED BY CITY MANAGER: ,N~~ v!~ ITEM FOR COUNCIL CONSIDERATION: Receive information regarding utility relocation in connection with 66th Street and Portland Avenue construction ro'ect and consider ossible liti ation. L RECOMMENDED ACTION: By Motion: • Adjourn to Closed Executive Session to receive legal advice concerning litigation to require utility relocation and to provide direction. In reconvened open session, if necessary, By Motion: • Authorize the City Attorney to commence litigation. II. BACKGROUND . The City has approved a project for the reconstruction of the intersection of 66th Street. and Portland Avenue and has awarded a contract to Shafer Contracting; Inc. to perform that work. City staff and consulting engineers have kept.affected utility companies informed. about needed utility relocations throughout the development and implementation of the project plans. Shafer Contracting, Inc. has reported, however, that the utility companies are not performing the utility relocation in a timely manner and that continued delays by the utility companies may result in project delays and claims for additional costs. Delays could result in the project not being completed during the 2008 construction season. City staff has consulted with the City Attorney regarding potential litigation to force the utility companies to perform in a timely manner. The City Attorney wishes to meet with the Council in Closed Executive Session to discuss the risks, strategies 0610closed and potential outcomes of such litigation. Following the Closed Session, the Council may be asked to authorize the City Attorney to commence litigation. III. BASIS OF RECOMMENDATION A. POLICY • It is in the public interest for the 66th Street and Portland Avenue project to be completed in a timely manner without undue cost or delay. B. CRITICAL ISSUES • Decays by the utility companies in relocating utilities could delay the project, which could result in claims by the contractor for additional costs. • A delay in the project completion date, especially a delay until the 2009 construction season, would have an adverse impact on the traveling public through a major intersection. C. FINANCIAL • Project delays could result in claims by the contractor. • The City Attorney will provide an estimate of possible legal costs during the Council discussion. • D. LEGAL • The City Attorney has advised staff that absolute confidentiality is necessary in order to discuss the legal issues, risks, and strategies of litigation. Public disclosure of the City Attorney's discussion with the ~ Council could provide an advantage to the opponents in the litigation that would be contrary to the public interest. E. ENVIRONMENTAL CONSIDERATIONS • None. ~w. ALTERNATIVE RECOMMENDATION(S) • None. VI. ATTACHMENTS • The City Council packet will include a confidential memo from the City Attorney; that attachment will not be included in the public packet because it is classifed as not public data under the Minnesota Government Data Practices Act. V~I. PRINCIPAL PARTIES EXPECTED AT MEETING I - • None.