09-23-08 agendaCITY OF RICHFIELD, MINNESOTA
TUESDAY, SEPTEMBER 23, 2008
SPECIAL~CITY COUNCIL MEETING '
CITY HALL EXECUTIVE CONFERENCE ROOM
- - 6700 PORTLAND AVENUE
5:45 P.M.
AGENDA
Call to order
Roll call
1. Interview of persons interested in serving on City Hall Task Force III and as City
advisory commission youth members (Council Memo No. 144)
Notes:
Adjournment ~ -
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
7:00 P.M.
AGENDA
INTRODUCTORY PROCEEDINGS
Call to order
Roll call
Open forum (15 minutes maximum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for
others. Comments are to be an opportunity to address the Council on items not on the agenda.
• Individuals who wish to address the Council must have registered prior to the meeting.
Notes:
• Pledge of Allegiance
PRESENTATIONS
1. Recognition of Centennial Babies
2. Presentation of 2008 Landscaping Good Neighbor Awards (Council Memo No. 145)
3. Introduction of Heredia, Costa Rica guests by Friendship City Commission
4. Presentation from Ehlers & Associates regarding tax abatement (Council Memo No.
146)
COUNCIL DISCUSSION
5. Council discussion
• National League of Cities Congress of Cities & Exposition (Council Memo No. 147)
• Reschedule first meeting in November to Thursday, November 6 or Monday,
November 10
• Hats Off To Hometown Hits
• Construction update ,
Notes:
AGENDA APPROVAL
6. Council approval of agenda
CONSENT CALENDAR
7. 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 resolution authorizing City of Richfield's 2008-2010
Municipal Recycling Grant application and agreement with Hennepin County S.R.
No. 221
B. Consideration of approval of resolutions appointing additional election judges and
high school student trainee election judges for November 4, 2008 Generaf Election
S.R. No. 222
• C. Consideration of approval of formalizing permanent street easement for 75th Street
adjacent to Donaldson Park S.R. No. 223 _
D. Consideration of approval of agreement for cost participation between Hennepin
County and City of Richfield for construction of pedestrian/bicycle bridge over I-35W
along north side of 76th Street S.R. No. 224
E. Consideration of approval of request from State of Minnesota to review request for
new currency exchange license for Los Gallos 12 Inc, 6539-14th Avenue, Suite B
S.R. No. 225
Notes:
8. Consideration of items, if any, removed from Consent Calendar
Notes:
RESOLUTION
9. Consideration of resolution accepting Partnership Agreement between Minnesota _
Department of Transportation and City of Richfield on Lyndale Avenue Bridge over 1-
494 Project
Staff Report No. 226
• Notes:
OTHER BUSINESS
10. Consideration of bid tabulation and award construction contract for Lyndale Avenue
Bridge to Lunda Construction in amount of $25,224,917.78
Staff Report No. 227
Notes:
CITY MANAGER'S REPORT
11. City Manager's report
• Schedule Tuesday, October 14 Special City Council Worksession at 6 p.m. with
HUB representative regarding future plans for HUB
Notes:
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12. 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:
13. Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be
made at least 96 hours in advance to the City Clerk at 612-861-9738:
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AGENDA SECTION: CONSENT
AGENDA ITEM # ]A
REPORT# ZZj
~~ STAFF REPORT
CITY COUNCIL MEETING
SEPTEMBER 23, 2008
REPORT PREPARED BY:
KAREN SHRAGG, NATURE CENTER
MANAGER
NAME, TITLE
U'
DEPARTMENT DIlZECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of resolution authorizing the City of Richfield's 2008-2010 Municipal Recycling
Grant a lication and a reement with Henne in Count .
I. RECOMMENDED ACTION:
By Motion: Approve the attached resolution authorizing the City of
Richfield's 2008-2010 Municipal Recycling Grant application and
agreement with Hennepin County.
II. BACKGROUND
The City of Richfield receives a municipal recycling grant from Hennepin County
each year to coordinate recycling initiatives. 90% of this grant is given to Richfield
residents as a quarterly utility bill refund and 10% is used to cover administrative
costs of the. recycling program. The City of Richfield's annual waste-tonnage report
to Hennepin County serves as the application for the program.
The amount of the grant varies from one agreement to another. This year's grant
will be $86,344. Agreements are for three-year terms.
•
0923 recycling
III. BASIS OF RECOMMENDATION
A. POLICY
• Richfield. supports a residential recycling program as part of local
environmental management.
B. CRITICAL ISSUES
• Approval of the resolution is required to receive the grant.
• Action is requested on September 23 to meet the grant application
deadline.
C. FINANCIAL
• The City acts as a community partner and, with this grant, no
expenses are incurred to administer this program.
D. LEGAL
N/A
E. ENVIRONMENTAL CONSIDERATIONS
• Wood Lake Nature Center Manager Karen Shragg is the Recycling
• Coordinator and promotes and educates people about practices that
are friendly to the environment.
IV. ALTERNATIVE RECOMMENDATION~S~
• Do not approve the resolution, preventing the implementation of the
recycling program.
• Deferring action is not an alternative as the grant deadline needs to be met.
V. ATTACHMENTS
• Resolution authorizing the grant application and agreement.
• 2008-2010 Recycling Grant Agreement with Hennepin County
VI. PRINCII'AL PARTIES EXPECTED AT MEETING
None
•
1~~~
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD'S APPLICATION AND
AGREEMENT FOR THE 2008-2010 MUNICIPAL RECYCLING GRANT FROM
HENNEPIN COUNTY.
WHEREAS, Hennepin County provides annual municipal grants related to
residential recycling programs;. and
WHEREAS, the City of Richfield desires to participate in the residential recycling
grant program.
NOW, THEREFORE, BE IT RESOLVED by the Richfield City Council of the City of
Richfield that:
1. The City of Richfield's waste tonnage report serves as its application to
participate in the 2008-2010 Hennepin County Residential Recycling Program.
2. The City Manager of the City of Richfield is hereby authorized and directed to
execute the Municipal Recycling Grant agreement with Hennepin County
Department of Environmental Management.
Passed by the City Council of the City of Richfield, Minnesota this 23rd day of
September, 2008.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
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0923 recycling
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Contract No: A081248
RESIDENTIAL RECYCLING GRANT AGREEMENT
\ 'between the COUNTY OF HENNEPIN, STATE OF o ~ 1 ~ f the
This- Agreement is
the "CO_Z'") A-2300 Government Cerite~a S~eces l41 North F fth Street, Minneapolis,
Hennepin County Department of Environmen
"DEPA.RTMENT") and the -CITY OF RICHFIELD, 6700 Portland
Minnesota 554Q1-1397. (.. "CITY").
Avenue South, Richfield; Minnesota 55423-2599
WITNESSETH:
Coun Board, by Resolution No 07-539, adopted on November 27,
WHEREAS, the ty
d the Hennepin County Residential Recycling Funding Policy for the period
2007, approve ant funding for municipal
January 1, 2008, through December 31, 2010,. and- authorized gr
recycling programs consistent with said policy; and
e CiT Y ~pe"lates a'-'-'-uniGipal curbside residential recycling progr'~ and
WHEREAS, to as described iri th eir grant
other waste reduction and recycling activities (the Recycling Program)
• application referred to in Section 2 below; and
EREAS, said Recycling Program is consistent with Minnesota Statutes, Chapter
WH
15A' the Office of Environmental Assistance Solid W es~e ~nCo~~,s Resident al Recyclpng
County's Solid Waste Management Master Plan; and H p
Funding Policy.
NOW, THEREFORE, in consideration of the mutual undertakings and agreements
hereinafter set forth, the COUNTY, on behalf of the DEPARTMENT, and the CITY agree as
follows:
1 TERM AND COST OF THE AGREEMENT 1
a ~s Agreement shall commence upon execution and terminate on December 3 ,
2010:
The initial grant payment for the year 2008 shall be equal to eighty-six thousand
b four dollars ($86,344).. Grant payments for subsequent years
three hundred forty-
shall be calculated as set forth in Section 3.
- 2. SERVICES TO BE PROVIDED
Y will o ° crate its Recycling Program as more fully des ~h ~ e CO TY t
. a. The CIT P
Application that was submitted by the CITY anp legation each year of the term of
- The CITY agrees to submit an updated Grant A p
~F~ 3
this Agreement in order to be eligible for future grant funds. The. terms of the
Grant Application, as updated each year, are incorporated herein by reference.
b: In addition to the services referred to above, the CITY agrees as follows:
1. On an annual basis, .the CITY must demonstrate that the average pounds
of recyclables collected from households participating in their curbside
residential. recycling program must equal or surpass the 2007 base year
figure. The base year figure is determined by dividing total pounds of
recyclables collected in 2007 by the total number of households
participating in the curbside recycling program in 2007. Failure to achieve
this annual goal will result in the requirement that a plan be submitted for
COUNTY approval that specifies the efforts the CITY will undertake to
increase the recycling percentage within 90 days of the submittal of the
-municipal year-end report. The CITY may also be required. to participate
in COUNTY sponsored waste and recycling sorts to identify recovery
levels of various recyclables in their community and to participate in
Fl efforts to increase recovery of target select recyclable materials being
disca.*-ded in sigrificart quantities. If the average pounds der household in
any given year decreases from the base year by more than ten percent
(10%), the COUNTY reserves the right to withhold the CITI''s grant
funds until the COUNTY is satisfied that reasonable efforts have been
made to maintain the base year pounds per household.
2. At a minimum, the CITY shall collect the following materials at curbside:
a. Newspaper and inserts;
fib. Cardboard boxes;
c. Glass food and beverage containers;
d. Metal food and beverage containers;
e. All plastic bottles, except bottles that previously contained.
hazardous materials or motor oil;
f. Magazines and catalogs;
g. Cereal, cracker, pasta, cake mix, shoe ,gift, and electronics boxes;.
h. Boxes from toothpaste, medicatioris, and other toiletries; and
i. Mail, office,, and school papers.
3. The CITY must estimate its participation rate in the curbside recycling
program during the month of October of each year. Methodology for
measuring participation must be approved by the COUNTY.
4. The CITY shall submit, on forms provided by the COITNTY, a Fina12008
-Report by February 15, 2009; a Final 2Q09 Report by February 15, 201,0;
and a Fina12010 Report by February 15, 2011. The CITY shall submit an
updated Grant Application by February 15 of each year..
•
ant funds accepted by the CITY from the COUNTY pursuant to this
5, All gr
Agreement shall be used to operate its Recycling Program lantedl The
capital and operating expensaenst efiuiddin excess of actual Recycling
CITY shall not retain any gr
.- Program expenses.
The CITY may not charge its residents through property tax, utility fees,
6.
or any other method for that portion of the costs of its Recycling Program
that is funded by COUNTY grant funds.
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~_ The CITY shall establish a separate accounting mechanism, such as a
project number,. activity number, costeS ana eX e d tunes fromsal other
recycling and waste reduction revenu p and waste activities.
municipal activities, including solid waste and y
Rec cling and waste. reduction activities, revenues, and expenditures are
8. Y
subject to audit by the COUNTY.
the CITY will receive
9, If the CITY does net contract for curbsid ercent (90%) of the grant funds
grant funds provided that at least ninety p rc am ~"
are credited back to residents and the CITY .meets all mane ~ maybe
"requirements. The additional ten percent (10%) of gr
used for CITY administrative and promotional expenses.
METHOD OF PAYMENT
The COUNTY will distribute grant funds. annually onl~f ~t~ee ota. tCCORE
a.
COUNTY has received SCORE funds from the to e
funds are based on revenue received by thee sub ect tol hange based on rlevenue n
garbage collection and disposal fees .and ar J ant funds per the
received and allocated by the State. -The CITY will receive gr
formula below:
# of Households
Serviced Curbside by
CITY
Total SCORE: Grant Funds
Revenue
Distributed to
X Received. by CITY
COUNTY -from. State
of Minnesota
Total # of
Households Serviced-
- Curbside in
COUNTY
ant funds exceed
b. Under no circumstances will the COUNTY'S ~s~beived by the COUNTY.
the CITY'S proportion of SCORE fund revenu
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c. The initial grant fund payment will be forwarded after the County Board receives
and approves this Agreement signed by an authorized official of the CITY.
Provided the CITY is otherwise in compliance with the terms of this Agreement,
future grant fund payments will be made after submittal by the CITY and
approval by the COUNTY of the updated Grant Application and Final Report as
described in Section 2 and receipt by the COUNTY of SCORE funds from the
State of Minnesota.
,]
4.
INDEPENDENT CONTRACTOR
.CITY shall select the means, method, and manner of performing the services.. Nothing is
intended or should be construed as creating or establishing the. relationship of co-partners
between the parties or as constituting CITY as the agent, representative, or employee of
the COUNTY for any purpose. CITY is and shall remain an independent contractor for
all services performed. under this Agreement: CITY shall secure at its own expense all
personnel required in performing services under this Agreement. Any personnel of CITY
or other persons while engaged in the performance of any work or services required by
. CITY will have ro contra~fi,:al relationship with "e COTJI~TTY and wiii r~:,t be considered
employees of the COUNTY. The COUNTY. shall not be responsible for any claims that
arise ouf of employment or alleged employment under the Minnesota Economic Security
Law or the Workers' Compensation Act of the State of Minnesota on behalf of any
personnel, including, without limitation, claims of discrimination against CITY, its
officers, agents, contractors, or employees: CITY shall defend, indemnify, and hold
harmless the COUNTY, its officials, officers, agents, volunteers, and employees from all
such claims irrespective of any determination of any pertinent tribunal, agency; board,
commission, or dourt. Such personnel or other persons shall neither require nor be
entitled to any compensation; rights; or.benefits of any kind from the COUNTY,
including, without limitation, tenure rights, medical and hospital ,care;-sick and vacation
leave, Workers' Compensation, Re-employment Compensation, disability, severance pay,
and retirement benefits.
INDEMNIFICATION AND INSURANCE
A. CITY agrees to defend, indernify, and hold harmless the COUNTY; its officials,
officers, agents, volunteers and employees frarr~ ar~y liability, claims, causes of
action, judgments, damages, losses; costs, or expenses, including reasonable
attorney's fees, resulting directly.or indirectly.. from any act or omission of CITY,
a subcontractor, anyone .directly or indirectly employed by them, and/or anyone
for whose acts and/or omissions they maybe liable in the performance of the
services required by this Agreement, and against. all loss by reason of the failure
of CITY to perform any obligation under this Agreement.
B. In order to protect CITY grid those listed above under the indemnification
provision, CITY agrees at all. times during the term of this Agreement, and
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d such term when so required, to have and keep in fore of c els as follows:
beyon
insurance, either under aself-insurance program or msuranc p
Limits
1 Commercial General Liability on an occurrence
basis with contractual liability coverage:
$2,000,000
General Aggregate
Products--Completed Operations Aggregate 2,000,000.
1,000,000
Personal and Advertising Injury
Each Occurrence-Combined Bodily 1,000;000
`
Injury and Property Damage
' Compensation and Employer's Liability:
Workers
.
2.
` - Statutory
Workers' Compensation
CITY is based outside the State of Minnesota,
If.
coverage must apply to Minnesota law. In
if CI'~fj' is a sole
i
aw,
accordance with Minnesota
the above
exempted from
i
.
s
• .proprietor, it
Workers' Compensation requirements. In the
event that CITY should hire employees or
CITY shall obtain. the
subcontract this work,
required insurance.
Employer's Liability. Bodily injury by: 500,000
Accident Each Accident 500;000
Disease=Policy Limit 500,000
Disease-Each Employee
An umbrella or excess policy over primary liability. insurance coverages is an
.acceptable method to provide the required insurance limits.. .
e above establishes minimum insurance requirements: o tpYoie COUNTY. uest,
Th
CITY shall promptly submit copies of insurance policies t
6. DATA_PRACTICES
its officers, agents, owners, partners, employees; volunteers-and subcontractors
CITY,
shall abide by the provisions of the Minnesota Government Data Practices Act,
the Health Insurance Portability and.
Minnesota Statutes, Chapter 1`3 (MGDPA),
untabili Act and implementing regulations, if applicable, and all other applicable.
. Acco tY
state and federal laws, rules, regulations and orders red hold harmless the COUNTY, its
confidentiality. CITY agrees to defend; indemnify an claims resulting from
officials, officers, agents, employees, and volunteers from any
' ass ees' or
CITY's officers', agents', owners', partners', employees', volunteers , ~
,:... ,
,..:., ..
!/~ "" ~ ..
subcontractors' unlawful disclosure and/or use of such protected data, or other
noncompliance with the requirements of this section. CITY agrees to promptly notify the
COUNTY if it becomes aware of any potential claims, or'facts giving rise to such claims,
under the MGDPA. The terms of this section shall-survive the cancellation or
termination of this Agreement:
7. RECORDS -AVAILABILITY/ACCESS
Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5, .CITY agrees
that the COUNTY; the State Auditor; the Legislative Auditor or any of their authorized
representatives, at any time during normal business hours, and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt,
and transcribe any. books, documents; papers; records, etc., which are pertinent to, the
accounting practices and procedures of CITY and involve transactions relating to this
Agreement. CITY shall maintain these materials and allow access during the period of .
this Agreement and for six (b) years after its termination or cancellation.
8. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS
A. CITY binds itself, its partners; successors, assigns and legal representatives to the
• COUNTY for all covenants, agreements and obligations contained in the contract
documents.
B. CITY shall not assign, transfer or pledge this Agreement and/or the services to be
.performed, whether in whole or in part, nor assign any monies due or to become
.due to it without the prior written consent of the COUNTY. A consent to_ assign
shall be subject to such conditions and provisions as the COUNTY may deem
necessary, accomplished by execution of a form prepared by the COUNTY and
signed by CITY, the assignee and the COUNTY. Permission to assign, however,
shall under no circumstances relieve CITY of its liabilities and obligations under
the Agreement.
C. CITY shall not subcontract this Agreement ancUor the services to be performed,
whether in whole or in part; without the prior written consent of the COUNTY. .
Permission to subcontract; however, shall under no circumstances relieve CITY of
its liabilities and obligations under the Agreement. Further, CITY sliali be fully
responsible for the acts, omissions; and failure of its subcontractors in the
performance of the specified contractual services, and of person(s) directly or
indirectly employed by subcontractors. Contracts. between CITY and each
.subcontractor shall require that the subcontractor's services be performed in
accordance with the terms and conditions specified.
9. MERGER AND MODIFICATION
A: It is understood and agreed that the entire Agreement between the parties is '
contained Herein and that this. Agreement supersedes' all oral agreements and
~"~
negotiations between the parties relating to the subject matter. All items that are
referenced or that are attached are incorporated and made a part. of this
Agreement. If there. is any conflict between the terms of this Agreement and
referenced or attached items, the terms of this Agreement shall prevail.
B. Any alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an
amendment to this Agreement signed by the parties.
10. DEFAULT AND CANCELLATION
A. If CITY fails to perform anyYof the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement, it shall be
in default: Unless CITY's default is excused by the COUNTY, the COUNTY
may upon written notice immediately cancel this Agreement. in its entirety.
Additionally, failure to comply with the terms of this Agreement shall be just
cause for the COUNTY to delay payment until CITY's compliance. In the event
of a decision to withhold payment, the COUNTY shall furnish prior written notice
to CITY.
B. Upon early termination or cancellation of this Agreement; the CITY shall itemise
any and all grant funds expenditures up to the date of termination or cancellation
and return such grant funds not yet expended.
C. Notwithstanding any provision of this Agreement to the contrary, CITY shall
remain liable to the COUNTY for damages sustained. by the COUNTY by virtue
of any breach of this Agreement by CITY. Upon notice to CITY of the claimed.
breach and the amount of the claimed damage, the COUNTY may withhold any
payments to CITY for the purpose of set-off until such time as the exact amount
of damages due the COUNTY from CITY is determined. Following notice from
the COUNTY of the claimed breach and damage, CITY and the COUNTY shall
attempt to resolve the dispute in good faith.,
D. The above remedies shall be in addition to any other right or remedy available to
the COUNTY under this Agreement; law, statute, rule, and/or equity.
E. The COUNTY's failure to insist upon strict performance of any provision or to
exercise any right. under this Agreement shall not be deemed a relinquishment or
waiver of the same, unless consented to in writing. Such consent shall not
constitute a general waiver or relinquishment throughout the entire term of the
Agreement.
F. This Agreement maybe canceled with or without cause by either party upon
thirty (30) day written notice..
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12.
• 13.
14.
G. In the event the COUNTY does not receive any SCORE funds, this Agreement
- will be terminated upon, written notice by the COUNTY.
H. Provisions that by their nature are intended to survive the term, cancellation or
termination of this Agreement include-but are not limited to: INDEPENDENT
CONTRACTOR; INDEMNIFICATION AND INSURANCE; DATA
PRACTICES; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND
CANCELLATION; PROMOTIONAL LITERATURE;. and 1VIINNESOTA LAW
GOVERNS.
CONTRACT ADMINISTRATION
In order to coordinate the services of the CITY with. the activities of the Department of
Environmental Services so as to accomplish the purposes of this. contract, Dave McNary, .
Solid Waste Division Manager, or his or her successor, shall manage this contract on
behalf oaf the COUNTY and serve as liaison between the COUNTY and the CITY.
COMPLIANCE
CI T Y shall comply with all applicable federal, state and local statutes, regulations, rules
and ordinances currently in force or later enacted.
PAPER RECYCLING
The. COUNTY encourages CITY to develop and implement an office paper and
newsprint recycling program.
NOTICES
Any. notice or demand which must be given or made by a party under this Agreement or
any statute or ordinance shall be in writing,. and shall be sent registered or certified mail.
Notices to the COUNTY shall be sent to the County Administrator with a copy to the
originating Department at the address given in the opening paragraph of the Agreement.
Noticeto CITY shall be ent to the address stated in the opening paragraph of the
Agreement or to the address stated in CITY's Form W-9 provided to the COUNTY.
15.
16
PROMOTIONAL LITERATURE
CITY agrees-that the terms "Hennepin ,County" or any derivative shall not be utilized in
any promotional literature, advertisements of any type or form or client lists without the
express prior written consent of the COUNTY.
MINNESOTA LAWS GOVERN
The Laws of the State of Minnesota shall govern all questions and interpretations
concerning the validity and construction of this Agreement and the legal relations
8
between the parties and their performance. The appropriate venue and. jurisdiction for
any litigation. will be those courts located within the County of Hennepin, State of
Minnesota. Litigation, however, in the federal courts involving the parties will be in the
appropriate federal court within the State of Minnesota. If any provision of this
Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be
affected.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
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COUNTY BOARD AUTHORIZATION
" Reviewed by the County Attorney's COUNTY OF HENNEPIN
Office STATE OF MINNESOTA
By:
Assistant County Attorney Chair.of Its County Board
Date: ATTEST:
Deputy/Clerk of County Board
By:
Richard P. Johnson, County Administrator
Date:
- By:
Assistant Co,.inty ~ dmiristrator, Public ~h~orks
Date:
Recommended for Approval
By:
Director, Department of Environmental Services
Date:
- .CITY OF RIC~IFFIELD*
Signature:
Name:
(Printed Name)
Title:
(Printed Title)
Date:
* CITY shall submit upon request by COUNTY documentation (articles, bylaws, resolutions, or
ordinances) that confirms the signatory's delegation of authority.
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AGENDA SECTION: CONSENT
AGENDA ITEM # 7B
REPORT # ZZZ
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~~~ STAFF REPORT
CITY COUNCIL MEETING
SEPTEMBER 23, 2008
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REPORT PREPARED BY:
NANCY GIBBS; CITY CLERK
NamrE, TiTCs
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the attached resolutions appointing election judges and high school student
trainee election 'ud es for the November 4, 2008 General Election. -
I. RECOMMENDED ACTION:
By Motion: Adopt the resolutions appointing additional election
judges and appointing high school student trainee election judges for
the General Election on November 4, 2008.
II. BACKGROUND
Minnesota Statute 204B.21 Subd. 2 provides that election judges for precincts in a
municipality shall be appointed by the governing body of the municipality and that
the appointments be made at least 25 days before the election at which the election
judges will serve.
On August 12, 2008, the City Council passed Resolution No. 10124, which
appointed election judges whose names. were on the election judge availability list.
That appointment by the City Council allowed for them to serve as election judges
at the Primary Election, the General Election or both elections. Election judges are
assigned to the precincts based on availability, party balance and the number
required for each election. The General Election will require assignment of the
greatest number of available judges.
Since the August 12 City Council appointment of election judges, the City Clerk's
office has received several additional names of individuals who are eligible and able
to serve as election judges for the Tuesday, November 4, 2008 General Election.
0923electionjudges
Also Minnesota Statute 2046.19, Subd. 6 provides that a student enrolled in a high
school in Minnesota who has attained the age of 16 is eligible to be appointed as a
trainee election judge (without party affiliation). The student must meet
qualifications for trainee election judges specified in rules of the Secretary of State.
A student appointed as a trainee election judge may be excused from school
afitendance during the hours that the student is serving as a trainee election judge if
the student submits a written request signed and approved by the student's parent
or guardian_to be absent from school and a certificate from the appointing authority
stating the hours during which the student will serve as a trainee election judge to
the principal of the school at least` ten days prior to the election. The principal of the
school may approve a request to be absent from school conditioned on acceptable
academic performance.
The City utilized high school student trainee election judges in the 1994, 1996,
1998, 2000, 2002, 2004 and 2006 elections. The City Clerk's office again has
worked with Richfield High School and the Academy of Holy Angels to facilitate
student participation in the High School Student Trainee Election Judge Program for
the November 4, 2008 General Election.
The City Clerk's office has received a list of studen#s who are eligible and able to
serve as student trainee election judges for the Tuesday, November 4, 2008
General Election.
III. BASIS OF RECOMMENDATION
•
A. POLICY
• The City Council is required by State Statute to make election judge
appointments at least 25 days prior to the election.
• The proposed resolutions contain names of those qualified individuals
who have indicated a willingness and ability to serve as an election
judge and names of high school student trainee election judges for the
November 4, 2008 General Election.
B. CRITICAL ISSUES
• If the City Council does not appoint additional election judges or high
school student trainee election judges, the conduct of the election
would be hindered.
C. FINANCIAL
• N/A
D. ~- LEGAL
• Compliance with Minnesota Statute 2046.21, Subd. 2 regarding
election judges.
• Compliance with Minnesota Statute 2046.19, Subd. 6 regarding high
school student trainee election judges.
• The General Election will be conducted on Tuesday, November 4,
2008. Therefore, the City Council should appoint additional election
judges and student trainee judges to serve at this election.
ALTERNATIVE RECOMMENDATION S
IV. ( )
• The City Council could choose not to appoint the additional individuals who are
named on the resolution to serve as judge.
V. ATTACHMENTS
• Resolution appointing additional election judges for the General Election of
November 4, 2008 (distributed at City Council meeting).
• Resolution appointing high school student trainee election judges for the
General election of November 4, 2008 (distributed at City Council meeting).
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
•
•
1 ~m ~
~~~~a~~
RESOLUTION NO.
• RESOLUTION APPOINTING HIGH SCHOOL STUDENT TRAINEE
ELECTION JUDGES FOR THE
GENERAL ELECTION OF NOVEMBER 4, 2008
WHEREAS, a General Election will be held on Tuesday, November 4, 2008.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
that the following are hereby appointed as high school student trainee election judges for
said election:
Miles Abramson David Gausman Jamila Lee
Sara Adams Jessica Gotfredson June Lu ,
Stephanie Ahlstrand Tom Graham Tasia Lueders
Alicia Anderson Matt Gramlich Michelle Lunneborg
Felicia Beltran Alexandra Guetan Brandon Lynch
Jonas Bennett Tyler Guggenberger Derek Madsen
Sharita Benson David Gunderson Emily Madsen
Kaitlin Besser Gashaw Hailu Jennifer Manikong
Kevin Birt Graham Hanson Emily Mattila
Trenton Blades Kyan Hanzal Devon McMorris
Kayla Brehmer Ryan Harjula Levana McNeilly
• Katie Brekken Ashley Harmon Elie Mejia
Cynthia Briones Joe Harris Justin Mellan
Skylar Buckman Josh Harrisville James Menter
Hien Bui Nick Harrisville Andrew Meurding
Kelsey Cardarelle Mike Hayek Adrian Mitchell
Sydney Chameski Brittany Hecker Katelyn Mithun
Catriyanna Cheatom Jill Heinecke Courtney Montgomery
Alex Clements Jacoby Hernick Lakandis Neal
Kenny Coca Colton Hinz Quiana Nelson
Cody Copeland Alyssa Hollenback Cody Newman
Jerrid Crump Rayshaunda Hope Viet Nguyen-Tran
Andy Daohevang Michael James Mike Nitz
Kawyinee Dennis Pamela January Amanda Nix
Jack Dhein Kierra Jeffers Jamie Noonan
Meghan Donaghy Janie Jefferson Jack Novak
John Dummann Brita Jensen Derick Ofstad
Jordan Dyres Jeff Johnson Maki Ojeda
Laura Elfstrom Kevin Johnson Samantha Olson
Waleed Elrashidi Sophia Johnson Robert Olson
Justin Etheridge Phillip Kelly Max Oman
Brittany Fisher Justin Ker Molly Opitz
Gabriel Flores Kaycee Lammen Maurissa Overton
• Sarah Flynn James Lane Mario Palaia
Casey Ford Matt Lara Haley Paszkawicz
Phil Freeman Amy Larson Nicole Peterson
Ben Frehnd Samantha Larson Aaron Pipkin
Latricia Fuller-Reason Erik Lasserud Mandy Poke
Diamond Quinenes
Michael Ray
Kate Rivers
i Renard Robinson
Ross Rogers
Rachel Sathre
Bryon Scanlon
Derek Schramm
Caitlin Schultz
Leya Senbeta
David Sewich
Tauriana Silva
Jasmine Smith
Eliza Sorensen
Eliza Steely
Josh Stowell
Ryley Struckman
Rudy Taong
Xuan Tu
Kelsie Wangerin
Norim Wangpo
Katie Weltens
Candice Wheeler
Tyler White
Mark Whitehead
Natalia Williams
Yer Yang
Lavert Young
Mauyan Yusuf
Kendall Zilka
PASSED by the City Council of the City of Richfield, Minnesota this 23rd day of
September, 2008.
Debbie Goettel, Mayor
C
ATTEST:
Nancy Gibbs, City Clerk
•
76
~~~
RESOLUTION NO. ~~~ ~~~
RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES
FOR THE GENERAL ELECTION OF NOVEMBER 4, 2008
WHEREAS, a General Election will be held on Tuesday, November 4, 2008.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
that the following are hereby appointed as judges for said election:
Julie Daniels Mike Lueck
Mary Gagne John Rock Meland
Reed Harms Erich Russell
Ruth Hiland Kathy Tighe
Alia Johnson John Twisk
•
And, that these names be added to the list of those appointed as election judges in
Resolution No. 10124.
PASSED by the City Council of the City of Richfield, Minnesota this 23rd day of
September, 2008.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
•
~~
ILJ
•
AGENDA SECTION: CONSENT
AGENDA ITEM # ] C
REPORT # 223
STAFF REPORT
CITY COUNCIL MEETING
SEPTEMBER 23, 2008
REPORT PREPARED BY:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
THOMAS FOLEY, TRANSPORTATION
ENGINEER
NAME, TITLE
SIGNATURE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of formalizing an easement for 75th Street adjacent to Donaldson Park
I. RECOMMENDED ACTION:
By Motion: Approve the attached permanent easement for a street
ad'acent to Donaldson Park.
IL .BACKGROUND
Seventy-fifth Street will be reconstructed as part of the new Metro Sanitary
Interceptor Sewer. A review of legal .documents for the sewer project revealed that
there is no recorded permanent street, utilities and drainage easement for 75t"
Street along the south side of Donaldson Park.
The .proposed permanent street easement will provide a record of what exists today,
i.e. that 75th Street runs along the south side of Donaldson Park. See attached map.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City. needs to .show clear title that it owns the public right of way
before any construction can begin in that right of way.
0923DonaldsonParkEasement
B. CRITICAL ISSUES
• The Metro Council is asking the City of Richfield to provide evidence
that the City has control over the public right of way for the proposed
Metro Sanitary Interceptor Sewer.
C. FINANCIAL
• There is a nominal fee of less than $50 for recording an easement
with the County.
D. LEGAL
• The City Attorney has requested that the easement be formalized by
Council.
E. ENVIRONMENTAL CONSIDERATIONS
• The proposed action is a legal one that will not have any effect on the
environment.
IV. ALTERNATIVE RECOMMENDATION(S~
• Council may choose not to record the easement. This may delay construction
of the Metro Sanitary Interceptor Sewer Project.
• V. ATTACHMENT
• Proposed declaration of easement.
• Map showing the location of the proposed street, utilities and drainage
easement along the south side of Donaldson Park.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None anticipated.
•
~~ ~c-
DECLARATION OF EASEMENT
•
THIS DECLARATION OF EASEMENT (the "Declaration") is made this day of
2008, by the City of Richfield, a municipal corporation under the laws of the
State of Minnesota (the "Declarant").
Recitals
A. Declarant is the fee owner of certain real estate (the "Property") in Hennepin County,
Minnesota, described as follows:
The North half (N1/2) of the Northeast quarter (NE1/4) of the Southwest Quarter
(SW1/4) of Section Thirty-three (33), Township Twenty-eight (28), Range Twenty-
four (24), Hennepin County, Minnesota,
Subject to the public easement for highway purposes over the portion thereof taken
by the State of Minnesota for State Highway No. 65 as appears of record,
B. Declarant wishes. to establish a certain non-exclusive, permanent easement for utility
purposes as hereinafter described in, over and across portions of the Property.
Declaration
• Now, therefore, the Declarant hereby declares that the Property shall be held, sold and
conveyed .subject to the following easement, which shall inure to the benefit of the City of
Richfield:
1. Easement. The Property shall be subject to a perpetual easement for street, utility
and drainage purposes over, under and across that part of the Property which lies within
the South 30.00 feet of the Property lying westerly of the right of way of Interstate Highway
No. 35W.
2. Scope of Easement Rights. The perpetual street, utility and drainage easement
granted herein includes the right of the City of Richfield, its contractors, agents, and
employees to enter the premises at all reasonable times for the purpose of locating,
constructing, reconstructing, operating, maintaining, inspecting, altering and repairing
within the described easement area a public roadway, storm sewer, sanitary sewer and
water facilities, ground surface drainage ways and sidewalk, or other public facilities or
improvements of any type that are not inconsistent with a public right-of--way use.
The easement created herein also includes the right to cut, trim, or remove from the
easement areas trees, shrubs, or other vegetation as in the City of Richfield.'s judgment
.unreasonably interfere with the easement or facilities of the City of Richfield, its successors or
• assigns.
3. Easement to Run with .Land; No Merger. The easement created herein shall run with
the land .and be binding on all parties having any right, title or interest in the Property, their
heirs, successors and assigns. The Declarant intends that the easement created herein shall
7C-~,
not merge in Declarant's title to the Property and that any future conveyance of the Property
by Declarant shall be subject to this Declaration of Easement unless the instrument of
• conveyance expressly states an intention to terminate this Declaration of Easement.
4. Amendment; Modification; Termination. This Declaration may not be amended,
modified or terminated without the consent. of the City of Richfield.
CITY OF RICHFIELD
By:
Its: Mayor
By:
Its: City Manager
STATE OF MINNESOTA )
- - ) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2008, by Debbie Goettel, the Mayor of the City of Richfield, a
Minnesota municipal corporation, on behalf of the corporation.
Notary Public
• STATE OF MINNESOTA ) -
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2008, by Steven L. Devich, City Manager of the City of Richfield,
a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
•
~'~~-3
•
AGENDA SECTION: CONSENT
AGENDA ITEM # 7D
REPORT # ZZ/+
~~' STAFF REPORT
CITY COUNCIL MEETING
SEPTEMBER 23, 2U08
•
THOMAS FOLEY,
REPORT PREPARED BY: TRANSPORTATION ENGINEER
NAME, TITLE
DEPARTMENT DIRECTOR .
REVIEW:
SIGNATURE
REVIEWED BY CITY
MANAGER: L
ITEM FOR COUNCIL CONSIDERATION:
Consideration of approval of an Agreement for Cost Participation between Hennepin County
and the City of Richfield for the construction of a pedestrian /bicycle bridge over I-35W along
the north side of 76tH Street.
I. RECOMMENDED ACTION:
By Motion: Approve the Agreement for Cost Participation. between
Hennepin County and the City of Richfield to receive County funds for
the construction of a pedestrian /bicycle bridge over I-35W along the
north side of 76tH Street.
II. BACKGROUND
The City of Richfield received an 80% federal grant to add apedestrian /bicycle
bridge over I-35W at 76tH Street. The project was included as part of a new 76tH
Street Bridge to handle vehicular traffic. The City requested County participation
in the cost of constructing apedestrian /bicycle bridge over I-35W along the
north side of 76tH Street. The pedestrian /bicycle bridge will form a key link in a
new regional pedestrian /bike trail passing through Richfield, on the east side of
35W along 76tH Street and on-the west side of 35W along 75tH Street.
The proposed agreement provides the City of Richfield with one-half of the local
share funds needed to match the federal grant in the amount of $30,439.23.
092376thStPedBikeBridge
III. BASIS OF RECOMMENDATION
• A. POLICY
• The pedestrian /bicycle bridge is designated as a bikeway component
of the Hennepin County Bicycle Transportation Plan, the Richfield
Comprehensive Plan and the Three Rivers Park District First Tier
Trails, Greenways and Parks Master Plan. The project is also part of
a 3.5 mile long bike trail segment of the new Nine Mile Creek Bike
Trail
B. CRITICAL ISSUES
• This agreement will save the City $30,439.23 of City Funds.
C. FINANCIAL
• The engineer's estimate for the construction contract is $304,392.26.
• The Federal share (80%) of the project is $243,513.80.
•. The local share (20%) of the project is $60,878.46.
• The project is eligible for participation under Hennepin County's
bikeway cost. participation policy and the County is willing to
participate in (50%) $30,439.23 of the (20%) local costs for the
project.
• • The City's share after this agreement will be (50%) $30,439.23 of the
(20%) local share and will be paid by Municipal State Aid Funds.
D. LEGAL
• The City Attorney has reviewed the proposed agreement.
E. ENVIRONMENTAL CONSIDERATIONS
• As a financial agreement, there is no environmental impact.
IV. ALTERNATIVE RECOMMENDATION(S~
• The Council may choose to reject the agreement and the local share of the
project would be paid in full by City Municipal State Aid funds.
V. ATTACHMENTS
• Hennepin County Agreement for Cost Participation -
Agreement No. PW 17-19-08
• Map of 76~' Street Pedestrian /Bicycle Bridge over I-35W
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None anticipated.
•
~ ~ ~ _~ a
Agreement No. PW 17-19-08
County Project No. 0808
City of Richfield
County of Hennepin
AGREEMENT FOR COST PARTICIPATION
THIS AGREEMENT, Made and entered into this day of ,
20 , by and between the County of Hennepin, a body politic and corporate under the laws of the
State of Minnesota, hereinafter referred to as the "County", and the City of Richfield, a body politic
and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City".
WITNESSETH:
WHEREAS, the City has requested County participation in the costs of constructing a
pedestrian and bicycle bridge over I-35W along the north side of 76~' Street; and
WHEREAS, the pedestrian and bicycle bridge will connect to an existing trail to the east along
• 76`" Street; and
WHEREAS, the construction of the afore referenced pedestrian and bicycle bridge shall be
identified and accomplished under City Project No. 41460 (County Project No. 0808) hereinafter
referred to as the "Project"; and
WHEREAS, the City or its agents. will prepare plans and specifications for the construction of
the Project, and will supervise construction of the Project; and
WHEREAS, the City will request that the County approve the plans and specifications and that
the County authorize the City to perform the work in accordance with said plans and specifications. for
the Project; and
WHEREAS, the City or its agent has prepared an Engineer's Estimate of quantities and unit
prices for the construction contract work in the amount of Three. Hundred Four Thousand Three
Hundred Ninety Two Dollars and Twenty Six Cents ($304,392.26); and
WHEREAS, the local share of the Project has been estimated to be Sixty Thousand Eight
Hundred Seventy Eight Dollars and Forty Six Cents ($60,878.46}; and
WHEREAS, the pedestrian and bicycle bridge is designated as a bikeway component of the
Hennepin County Bicycle Transportation Plan, the Richfield Comprehensive Plan, and the Three
• Rivers Park District First Tier Trails, Greenways and Parks Master Plan; and
- _l - ~~
o~
• Agreement No. PW 17-19-08
C.P. 0808
WHEREAS, the Project is part of a 3.5 mile long bike trail segment of the new Nine Mile Creek
Bike Trail; and
WHEREAS, the Project is eligible for participation under Hennepin County's bikeway cost
participation policy; and
WHEREAS, the County is willing to participate in half (50%) of the local costs for the Project;
and
WHEREAS, it is contemplated that said work be carried out by the parties hereto under the
provisions of Minnesota Statutes, Section 162.17, .Subdivision 1 and Section 471.59.
NOW THEREFORE, IT IS HEREBY AGREED:
The City or its agents shall prepare the necessary plans and specifications. The plans and
. specifications prepared by the City or its agents shall be approved by the County.
Said plans and specifications prepared by the City or its agents shall be designed according to
County guidelines and practices, and consistent with the Mn/DOT "Bicycle Transportation Planning
and Design Guidelines".
Two (2) sets of approved plans shall be provided at no cost to the County prior to the start of any
construction.
II
.The City shall supervise construction of the Project and perform all required engineering,
inspection and testing.
The City shall apply for a permit from the County for work within the County's right of way.
Said permit will be granted to the City at no cost to the City.
The County Engineer or staff shall have the right, as the work progresses, to enter upon the job
site to make any inspections deemed necessary, but shall have no responsibility for the supervision of
the work.
III
• The County agrees that the City may make changes in the plans or in the character of said
construction which are reasonably necessary to cause said construction to be in all things performed
- 2 - VII ~--
r
• Agreement No. PW 17-19-08
C.P. 0808
and completed in a satisfactory manner consistent with the plans and specifications approved by the
County. The County Engineer or ,designated representative shall have the opportunity to review. any
proposed changes to the plans and specifications prior to the work being performed.
IV
Upon completion of the Project the City shall notify the County and shall submit an invoice
marked "fina.l" indicating the County's participating share of the Project. The City shall also submit
complete documentation showing the City's total cost for the Project.
Upon review and approval of the Project by the County Engineer or designated representative,
the County shall reimburse the City half (50%) of the. local construction- costs for the Project estimated
to be $60,878.46 .(County share - $30,439.23). The City understands and agrees that the County's total
cost participation in the costs of the Project shall not exceed Forty Three Thousand Dollars andNo
Cents ($43,000.00}.
The County will within forty five (45) days of said invoice, deposit with he City funds totaling
the amount of said invoice.
• V
All records kept by the City and the County with respect to this Project shall be subject to
examination by the representatives of each party hereto..
VI
It is understood by the parties hereto that upon completion of the Project proposed herein, all
improvements included in said Projectshall become the property of the City and all maintenance,
restoration, repair or replacement required thereafter shall be performed by the City at no expense to
the County.
The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents,
volunteers, and. employees from any liability, .claims, causes of action, judgments, damages, losses,
costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or
.omission of the City, its subcontractors, anyone directly or indirectly employed by them, and/or anyone
.for whose acts and/or omissions they may be liable, related to the ownership, maintenance, existence,
restoration, repair or replacement of the City owned improvements. The City's liability under this
indemnification obligation shall be governed by the provisions of Minnesota Statutes, Chapter 466 or
other applicable law.
VII
• Each party agrees that it will be responsible for its own acts and the results thereof,. to the extent
authorized by the law, and shall not be responsible for the acts of the other party and the results thereof
-3- ~~.
~D-~
Agreement No. PW 17-19-08
C.P. 0808
The County's and the City's liability are governed by the provisions of Minnesota Statutes, Chapter
466.
The County and the .City each warrant that they are able to comply with the aforementioned
indemnity requirements through an insurance or self-insurance program.
VIII
It is further agreed that any and all employees of the City and all other persons engaged by the
City in the performance of ariy work or services required or provided for herein to be performed by the
City shall not. be considered employees of the County, and that any and all claims that may or might
arise under the Worker's Compensation Act or the Minnesota Economic Security Law on behalf of said
employees while so engaged and any and all claims made by any third parties as a consequence of any
act or omission on the part of said employees while so engaged on any of the work or services provided
to be rendered herein shall in no way be the obligation or responsibility of the County.
Also, any and all employees of the County and all other persons engaged by the County in the
performance of any work or services required or provided for herein to be performed by the County
shall not be considered employees of the City, and that any and all claims that mayor might arise under
the Worker's Compensation Act or the Minnesota Economic Security Law on behalf of said employees
. while so engaged and any and all .claims made by any third parties as a consequence of any act or
omission on the part of said employees while so engaged on any of the work or services provided to be
rendered herein shall. in no way be the obligation or responsibility of the City.
IX
In order to coordinate the services of the City with the activities of the County so as to
accomplish the purpose of this Agreement, the County Engineer or a designated representative shall
manage this Agreement on behalf of the County and shall serve as liaison between the County and the
City.
In order to coordinate the services of the County with the activities of the City so as to
accomplish the purpose of this Agreement, the City's Transportation Engineer or a designated
representative shall manage this Agreement on behalf of the City and shall serve as liaison between the
City and the County.
X
It is understood and, agreed that the entire Agreement between the parties is contained herein and
that this Agreement supersedes all oral agreements and negotiations between the parties relating to the
subject matter hereof. All items referred to in this Agreement are incorporated or attached and are
• deemed to be part of this Agreement.
Any alterations, variations, modifications or waivers of provisions of this Agreement shall only
-4- ~~..
~1D - ~
Agreement No. PW 17-19-08
C.P. 0808
be valid when they have been reduced to writing as an amendment to this Agreement signed by the
parties hereto.
I~
•
The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to
civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall
be considered a part of this Agreement as though fully set forth herein.
XII
The matters set forth in the "whereas" clauses at the beginning of this Agreement are
incorporated into and made a part hereof by this reference.
(this space left intentionally blank)
-5-
T~~ ~.
~7Dr~
Agreement No. PW 17-19-08
C.P. 0808
IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed
by their respective duly authorized officers as of the day and year first above written.
(Seal)
Bv:
And:
Manager
Date:
• ATTEST:
CITY OF RICHFIELD
" By:
Mayor
Date:
COUNTY OF HENNEPIN
Deputy/Clerk of the County Board
Date:
•
APPROVED AS TO FORM:
By:
Assis County Attorney
Date: ~C~
T
APPROVED AS TO EXECUTION:
By:
Assistant County Attorney
Date:
-6-
By:
Chair of its County Board
Date:
And:
Acting County Administrator
Date:
And:
Assistant County Administrator, Public Works
Date:
RECOMMENDED FOR APPROVAL
By:
Director, Transportation Department
and County Engineer
Date:
~~
~o-~
.~ 17f9 tN21
Mr ~ ~ ~ ~
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w. 76th St. - ' ~,~ ~ ,
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•
AGENDA SECTION: CONSENT
AGENDA ITEM # 7g
REPORT # 225
STAFF REPORT
CITY COUNCIL MEETING
SEPTEMBER 23, 2008
REPORT PREPARED BY:
BETSY OSBORN, ADMINISTRATIVE SUPPORT
SERVICES MANAGER
DEPARTMENT DIRECTOR REVIEW: ~,
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a request from the State of Minnesota to review the request for. a new
currenc exchan a license for Los Gallos 12 Inc., 6539 14th Avenue South, Suite B.
I. RECOMMENDED ACTION:
By Motion:
• Approve a request for a new currency exchange license for Los
Gallos 12 Inc., 6539 14th .Avenue South, Suite B.
II. BACKGROUND
On September 2, _2008, the City received notification from the State of Minnesota,
Department of Commerce, of a new application for a currency exchange license in
the name of Los Gallos 12 Inc., 6539 14th Avenue South, Suite B.
All of the information required by the State of Minnesota has been provided by Los
Gallos 12 Inc. In addition, the background investigation conducted by the Bureau of
Criminal Apprehension found no information on the applicant, Aide Salgado-Diaz.
The applicant has complied with State Statute 53A.04 for a currency exchange
license with the State of Minnesota.
0923 Las Gallos New Currency Exchange License
• III. BASIS OF RECOMMENDATION
A. POLICY
• A license for this type of business is not required in the City.
However, effective on April 24, 1992, Minnesota Statute 53A.04
requires that the Department of Commerce submit any application for
licensure as a currency exchange license to the governing body of the
municipality in which the business proposes to conduct business.
• This law also requires the governing municipality to render a decision
regarding issuance or denial of the license within 60 days of the
receipt of the State's notification.
• The State requires that the applicant submit the following information
when applying for this type of license:
- License fees in the amount of $500.
- A current fee schedule used for cashing checks, money orders,
or traveler's checks.
- A surety bond in the amount of $10,000.
- Any owner, partner, director, stockholder (owning 10% or more
of the corporate stock) or any employee with the authority to
exercise management or policy control over the company must
submit to a background investigation by the Bureau of Criminal ,
Apprehension.
B. CRITICAL ISSUES
• City must reach a decision regarding issuance or denial of the license
• within the 60 days noted above.
C. FINANCIAL
• N/A
D. LEGAL
• N/A
E. ENVIRONMENTAL CONCERNS
• N/A
TERNATIVE RECOMMENDATION(S~
Deny the request for a currency exchange license for Los Gallos 12 Inc.
However, the Public Safety Department has found no reason to deny the
requested license.
V. ATTACHMENTS
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
n
U
•
THOMAS FOLEY,
REPORT PREPARED BY: TRANSPORTATION ENGINEER
NAME TITLE
DEPARTMENT DIRECTOR
REVIEW:
SIGNATURE
REVIEWED BY CITY }
MANAGER: /~
STAFF REPORT
AGENDA SECTION:
AGENDA ITEM #
REPORT #
CITY COUNCIL MEETING
SEPTEMBER 23, 2~~8
RESOLDTION
9
226
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a Partnership Agreement between the Minnesota Department of
Transportation and the City of Richfield on the Lyndale Avenue Brid a over I-494 Project.
I. RECOMMENDED ACTION:
By Motion: Approve a resolution accepting the Partnership
A reement.
III. BACKGROUND
The Richfield city staff submitted a proposal to the Minnesota Department of
Transportation as part of the Lyndale Avenue Bridge Project. The proposal was
designed to protect the City from any unanticipated cost increases associated with
construction of the bridge. Cost increases can be substantial as witnessed in the
Wakota Bridge Project over the Mississippi River.
•
The City of Richfield proposes to pay Mn/DOT $1.3 million to perform the
construction inspection services for the Lyndale Bridge Project in exchange for
Mn/DOT being responsible for any costs in excess of $600,000. The City of
Richfield would be responsible for the first $600,000 in excess costs but would have
$600,000 in federal funds available to pay for these increased costs.
By approving this partnership agreement, the City will protect itself from
unanticipated increases in construction costs.. In the case of the Penn Avenue
Bridge Project, the City had access to federal funds that were available for-the 77th
0923LyndalePartnershipAgreement
Street Reconstruction Project in the event construction costs increased
• dramatically. This situation is not available to the City on the Lyndale Avenue Bridge
Project.
The resolution and the Partnership Agreement will be distributed at the September
23~d Council meeting. -
III. BASIS OF RECOMMENDATION
A. POLICY
• Replacement of the Lyndale Avenue Bridge was identified in the City's
1997 Comprehensive Plan. -
B. CRITICAL ISSUES
• The proposed agreement needs to be approved to protect the City
from unforeseen major cost increases in construction,
C. FINANCIAL
• The construction inspection costs would be paid for using federal and
state funds.
• D. LEGAL
• The City Attorney will review the proposed agreement when it is
received.
E. ENVIRONMENTAL CONSIDERATIONS
• The Minnesota Dept. of Transportation and the Federal Highway .
Administration has approved the environmental documents needed to
allow this project to be built. -
IV. ALTERNATIVE RECOMMENDATION~S~
• Council can choose not to hire the Minnesota Department of Transportation
as its construction inspector. This would mean that the City would accept the
risk of possible construction costs increases being the City's responsibility to
paY•
V. ATTACHMENTS
• The resolution and Partnership Agreement will be distributed at the
September 23 Council meeting.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None anticipated.
AGENDA SECTION: OTHER BIISINESS
AGENDA ITEM # LO
REPORT # 227
•
STAFF REPORT
CITY COUNCIL MEETING
SEPTEMBER 23, 2008
REPORT PREPARED BY:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
THOMAS FOLEY, TRANSPORTATION
ENGINEER
NAME, TITZE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the award of construction contract for the Lyndale Avenue Bridge.
I. RECOMMENDED ACTION:
By Motion: Accept the bid tabulation and award the construction
contract for the Lyndale Avenue Bridge to Lunda Construction in the
amount of $25,224,917.78. __
II. BACKGROUND
The Lyndale Bridge bid opening was held on September 11, 2008. Four bids were
received as highlighted below. The low bid was from Lunda Construction for
$25,224,917.78.
C.S. McCrossan Construction $26,351,951.66
Ames Construction $26,251,155.40
Edward Kraemer & Sons, Inc. $26,052,969.73
Lunda Construction $25,224,917.78
•
III. BASIS OF RECOMMENDATION
A. POLICY
• The replacement of the Lyndale Avenue Bridge over I-494 was
identified in the City's 1997 Comprehensive Plan.
0923AwardContractLyndaleBridge
• B. CRITICAL ISSUES
• While the low bid was 1.9% over the Engineer's Estimate, there are
sufficient federal and state funds available to finance the project.
C. ~ FINANCIAL
• The Engineer's Estimate was $24,809,018.30. The low bid was
submitted by Lunda Construction for $25,224,917.78. The engineer's
cost estimate assumed steel at $1.75 per pound and Lunda
Construction bid steel at $2.10 per pound. This translated into an
increase in cost of $875,000, which was the primary factor in the cost
difference. Steel prices have been volatile in 2008.
The Lyndale Bridge Project will be funded using $20.8 million in
federal funds and $4.2 million in state funds. The City will be
responsible to pay $134,000 for federally ineligible costs using
Municipal State Aid and utility funds. The City of Bloomington will
contribute $112,000 for ineligible costs.
D. LEGAL
• The City Attorney will be available to answer questions.
• E. ENVIRONMENTAL CONSIDERATIONS
• The Lyndale Avenue Bridge Project has received all necessary state
and federal environmental approvals to proceed to construction.
IV. ALTERNATIVE RECOMMENDATION(S~
• The Council may reject all bids and choose not to construct the
improvements at this time.
V. ATTACHMENTS
• Bid tabulation for the Lyndale Avenue Bridge Project
• Map of Lyndale Avenue Bridge Layout
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• ,None anticipated.
•
D~-~
CITY OF RICHFIELD, MINNESOTA
Bid Opening
• September 11, 2008
2:OO p.m.
2008 I-494/Lyndale Ave Interchange Reconstruction
Bid No. 08-09
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 2008 I-494/Lyndale Ave Interchange
Reconstruction, as advertised in the official newspaper on August 21 & 28, 2008 and
the Construction Bulletin on August 18 & 25, 2008.
Present: Nancy Gibbs, City Clerk
Derick Anderson, Civil Engineer,
Tom Foley, Transportation Engineer
Sarah Trumm, Project Engineering Assistant
Cheryl Krumholz, City Manager Representative
The following bids were submitted and read aloud:
Bidder's Name Form
21126D CM
32-34 Non-
Collusion Bid
Bond Notice to
Bidders Total Base Bid
C.S. McCrossan, Inc. Provided Provided Provided Provided Provided $26,351,951.66
Edward Kraemer & Sons, Inc. Provided Provided Provided Provided Provided $26,052,969.73
Ames Construction, Inc. Provided Provided Provided Provided Provided $26,251,155.40
Lunda Construction Co. Provided Provided Provided Provided Provided $25,224,917.78
The City Clerk announced that the bids would be tabulated and considered at the
September 23, 2008 City Council Meeting.
Nancy Gibbs City Clerk
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