10-11-05 Agenda
CITY OF RICHFIELD, MINNESOTA
TUESDAY, OCTOBER 11, 2005
SPECIAL CITY COUNCIL MEETING
CITY HALL HEREDIA ROOM
6700 PORTLAND AVENUE
4:30 P.M.
Call to order
Roll call
1. Interview of youth interested in serving on City advisory commissions
Adjournment
SPECIAL CITY COUNCIL WORKSESSION
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
5:30 P.M.
Call to order
Roll call
5:30 - 6:15 p.m.
1. Discussion regarding property maintenance action plan
(Council Memo No. 125)
Notes:
6:15 - 6:20 p.m.
2. Demonstration of new Police vehicle radar equipment
Notes:
Adjournment
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS ,
6700 PORTLAND AVENUE
6:30 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 Meeting of September 21, 2005; (2)
Special Concurrent City Council/HRA/Planning Commission Worksession of September
26, 2005; (3) Special City Council Worksession of September 27, 2005; (4) Regular City
Council Meeting of September 27, 2005; and (5) Special City Council Meeting of
September 28, 2005
PRESENTATIONS
1. Presentation by Susan Palmer, State Program Administrator Principal, OfFice of Traffic
Safety, Safe and Sober Program
1A. Presentation by Bill McHale, Ryan Companies US Inc., regarding Cedar Point
2. Presentation of proclamation designating October 2005 Toastmasters Month in
Richfield
3. Presentation by Richfield School Board Member regarding proposed School District
operating levy referendum
4. Annual meeting with Planning Commission
COUNCIL DISCUSSION
5. Council discussion
• Hats Off To Hometown Hits
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 amendment to Flexible Spending
Account Benefit Plan document S.R. No. 189
B. Consideration of approval of resolution authorizing agreement with Hennepin County
for public entity waste abatement incentive fund grant in amount of $1,050 S.R. No.
190
C. Consideration of approval of resolution revising just compensation for multi-family
property at 6400 Cedar Avenue (Airport Noise Acquisition Program and Cedar Point
Project) S.R. No. 191
D. Consideration of approval of minor amendment to final development. plan/conditional
use permit for 6600 and 6640 Lyndale Avenue (City Bella) to allow on-site directional
ground signs that do not conform to sign ordinance S.R. No. 192
Notes:
8. Consideration of items, if any, removed from Consent Calendar
Notes:
OTHER BUSINESS
9. Consideration of appointments to fill youth terms on City advisory commissions
Staff Report No. 193
Notes:
CITY MANAGER'S REPORT
10. City Manager's report
Notes:
11. 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:
Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be
made at least 96 hours in advance to the City Clerk at 612-861-9738.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
STAFF REPORT
CITY COUNCIL MEETING
OCTOBER 11, 2005
OTHER BUSINESS
REPORT PREPARED BY:
CHERYL KRUMHOLZ, EXEC. COORDINATOR
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of appointments to fill youth terms on City advisory commissions.
I. RECOMMENDED ACTION:
By Motion: Approve the appointments to fill the youth terms on the
Cit 's adviso commissions.
II. BACKGROUND
The Advisory Board of Health, Human Rights Commission, Friendship City
Commission, Arts Commission and Celebrations Commission have youth term
vacancies. Advertisements were placed in the Richfield Sun, on the Cable TV
Community Bulletin Board, message boards outside City Hall and the Water Plant,
and the City's Website. Notices were also sent to Richfield High School and the
Academy of Holy Angels.
Terms are effective upon appointment through August 31, 2006.
Applicants were interviewed at a Special City Council meeting on October 11, 2005.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City advisory commissions were established by City ordinance or
resolution.
1011 commission
• The Mayor directs the City Manager's office to conduct a recruitment seeking
applicants to fill expiring terms.
• Interviews of the applicants were conducted at a Special City Council
meeting. The meeting was posted in accordance with the open meeting law
requirements.
B. CRITICAL ISSUES
• Applicants were interviewed at Special City Council meeting on
October 11, 2005.
• Terms are effective upon appointment through August 31, 2006.
IV. ALTERNATIVE RECOMMENDATION~S~
• Defer appointments to another Council meeting.
V. ATTACHMENTS
Vacancy list.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
YOUTH COMMISSION APPOINTMENTS
ADVISORY BOARD OF HEALTH - 1 vacancy
HUMAN RIGHTS COMMISSION - 2 vacancies
FRIENDSHIP CITY COMMISSION -1 vacancy
August 31, 2006
August 31, 2006
August 31, 2006
August 31, 2006
AGENDA SECTION: CONSENT
AGENDA ITEM # 7I1
REPORT # 19 2
STAFF REPORT
CITY COUNCIL MEETING
OCTOBER 11, 2005
REPORT PREPARED BY:
MELISSA POEHLMAN, ZONING
ADMINISTRATOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW: ~~
SIGNATURE
REVIEWED BY CITY
~~
MANAGER: ~
ITEM FOR COUNCIL CONSIDERATION:
Consideration of approval of a minor amendment to the Final Development Plan/Conditional
Use Permit for 6600 and 6640 Lyndale Avenue South (City Bella) to allow on-site directional
round si ns that do not conform to the Si n Ordinance.
I. RECOMMENDED ACTION:
By Motion: Approve a minor amendment to the Final Development
Plan/Conditional Use Permit for 6600 and 6640 Lyndale Avenue. South
(City Bella) to allow on-site directional ground signs that do not
conform to the Sign Ordinance.
II. BACKGROUND
The City Bella Homeowners' Association is requesting a directional ground sign at
each of the two entrances to the City Bella development. Residents believe that
drivers have difficulty identifying entrances due to the curvature of the road on 66th
Street and cars parked along the street on Lyndale Avenue. Final Development
Plans for City Bella included two brick tower signs on either side of the entrance at
66th Street and a brick and gate combination sign at the Lyndale Avenue entrance.
To date, no signs have been erected at either entrance. The requested signs are
significantly more modest than those that were originally approved and will be
located in the same location as the originally proposed signs.
R:/CDAdmin/CCLTR/101105 City Bella signs
Normally, minor amendments such as this are approved administratively. The City
Code however, requires that the Council approve all signs that vary from the
provisions of the Sign Code.
III. BASIS OF RECOMMENDATION
A. POLICY
• Proposed signs are considered on-site directional ground signs.
o On-site directional signs cannot exceed three square
feet; the proposed signs are eight square feet.
o Ground signs located in front of the building setback line
must maintain a vertical clearance of seven feet below
the sign; the proposed ground sign for the Lyndale
Avenue entrance is two feet in front of the principal
building line and maintains only two feet of vertical
clearance.
• Section 416.03 Subd. 6. Special approval from Council. In the case
of an application for a sign of unusual height, or location, the manager
shall refer such sign to the Council for approval. No permit for any
such sign, so referred, shall be issued without first obtaining the
approval of Council.
B. CRITICAL ISSUES
• The proposed on-site directional ground signs are significantly more
modest than the originally proposed signs.
The proposed signs would be located in the same locations as the
originally proposed signs.
The proposed location for the Lyndale Avenue sign is in front of the
building line, however the sign is significantly smaller than the
originally proposed sign and should not cause visibility issues for
exiting vehicles.
• The particular relationship between the City Bella buildings, the
parking lots, road curvature and street parking makes entrances
difficult to find. Directional signs of three square feet would not give
sufficient notice of the upcoming entrance.
The City Bella Homeowners' Association has modified the sign
designs to come closer to compliance with City sign regulations.
Both the residential cooperative residents and the commercial
property owner support the proposed signs (Attachments B and C).
C. FINANCIAL
N/A
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION~S~
• Deny minor amendment to the Final Development Plan/Conditional Use
Permit to allow on-site directional ground signs at City Bella that do not
conform to the Sign Ordinance.
V. ATTACHMENTS
• A -Proposed sign design
• B -September 26, 2005 support letter from The Gramercy City Cooperative
at City Bella
• C -September 29, 2005 letter of hardship and support from Mr. Jan Susee
of City Bella Commercial, L.L.C.
• D -Proposed sign location at 66th Street entrance
E -Proposed sign location at Lyndale Avenue entrance
• F -Proposed sign locations in relation to whole site plan
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Dr. Stiegler, representing The Gramercy City Cooperative at City Bella
• Mr. Susee, City Bella Commercial, L.L.C.
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Live With Us.
Date: September 26, 2005
To: City of Richfield Community Development D
7000 Nicollet Av. S.
Richfield, MN 55423
Attention: Director of Community Development
From: Carol J. Christenson, Administrator
cc: The Gramercy GIub,Cooperative at City Bella Board of Directors
The Gramercy Club at City Bella Building and Grounds Committee
Enclosure
Please accept this letter for approval for the proposed exterior signs for
The Gramercy City Cooperative at City Bells.
Enclosed is the required license fee payment in the amount of $250.00.
a
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Information Center
6601 Lyndale Avernte South Suite 110 • Richfield, MN • 55423 • www.gramercycorp.com • TEL: 612-861-2202 • FAX: 612-866-2889
~u~.ee & ~~P~e, ~'~d.
JAN HENRY SUSEE ATTORNEYS AT LAW
EMAIL JSUSEEC4?SLLTD.COM
DAVID W. LEE
EMAIL DLEE®SLLTD.COM
CYNTHIA L. CHAM BERLIN
LEGAL ASSISTANT
EMAIL CCHAM BERLIN®SLLTD.COM
September 29, 2005
Richfield City Council
6700 Portland Avenue South
Richfield, MN 55423
Dear Sir/Madam:
The management of City Bella, 6600 Lyndale Avenue South, respectfully requests your
permission to erect two modest illuminated signs (see attached drawings) at the driveway
entrances to the off street parking areas of City Bella.
These signs are necessary to mitigate the hardship for drivers approaching these entrances and,
thereby allows drivers to see the entrances in a timely manner, enabling them to slow down and
signal their turn safely to avoid a sudden turn that may cause a closely following car to rear end
the turning vehicle.
The curve in 66~' Street before the east bound intersection with Lyndale obscures the entrance to
City Bella with only a very short distance to prepare for the right turn into the City Bella
driveway. The cars parked on Southbound Lyndale similarly obscure the Lyndale entrance.
These signs will also enable visitors and vendors to quickly and safely locate the appropriate
entrances.
Your favorable decision will be greatly appreciated.
Very truly yours,
SUSEE ,LTD.
By
Jan Henry usee
JHS/mas
Encls.
MARY ANNUHS\City Bella-Richfield Ltr.doc
6640 LYNDALE AVENUE SOUTH SUITE 100 fZICHFiELD, MINNESOTA 55423-2323
TELEPHONE • (612) 861-8531 • FACSIMILE • (612) 861-8535
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AGENDA SECTION: (:C)N~F.NT
AGENDA ITEM # ~ r
REPORT # 1 Q 1
STAFF REPORT
CITY COUNCIL MEETING
OCTOBER 11, 2005
REPORT PREPARED BY:
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
f
KATIA MEDVETSKI,
REDEVELOPMENT SPECIALIST
NAME, TITLE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of resolution regarding revising just compensation for amulti-family residential
ro ert at 6400 Cedar Avenue Air ort Noise Ac uisition Pro ram and Cedar Point Pro~ect .
I. RECOMMENDED ACTION:
By Motion: Approve the attached resolution revising just
compensation for 6400 Cedar Avenue (Airport Noise Acquisition
Program and Cedar Point
II. BACKGROUND
• On August 9, 2005, the City Council approved just compensation and acquisition
of amulti-family residential property (4-unit apartment building) located at 6400
Cedar Avenue in the amount of $405,000.
• The purchase of this property is being funded from the remaining balance of the
$10 million of Federal Aviation Administration (FAA) airport improvement
program funds provided by the Metropolitan Airports Commission (MAC).
• The City has been in negotiations with the property owner (Owner) since the
initial offer was made in early August. The Owner is willing to accept $434,000
as a purchase price and is motivated to close on November 1, 2005.
• The Owner's counteroffer is $4,000 over the maximum negotiating authority that
the City has from MAC. However, the MAC has cleared this amount and is
willing to accept $434,000.
101105_RevJ ustCom p64000edar
• Staff is recommending that the City Council revise the just compensation from
$405,000 to $434,000 and proceed to execute a purchase agreement.
• The apartment tenants were made eligible for relocation benefits at the time the
initial offer was made to the Owner. The benefits are being calculated
separately and on a case by case basis, in accordance with the Uniform
Relocation Act.
• The 90-Day Notice to Vacate will be given to the tenants upon the execution of
the purchase agreement by both parties.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City and MAC have identified certain properties for purchase for
the Airport Noise Acquisition Program in accordance with the
Agreement.
• The subject property is within the 87 dB contour.
• The property will need to be conveyed from the City to the Richfield
Housing and Redevelopment Authority for inclusion in the Cedar Point
Project.
• Uniform acquisition procedures are being followed.
B. CRITICAL ISSUES
• City staff, Conworth, Inc. and legal counsel are coordinating efforts to
purchase the property.
• Settling at this time would be more amenable to both parties than
acquiring the property through eminent domain.
• A revised purchase agreement will be prepared for execution upon the
City's approval of the revised just compensation.
• The 90-Day Notice to Vacate will be given to the tenants upon
execution of the purchase agreement. It is estimated that apartment.
building will be vacated sometime in February, assuming all tenants
will be able to find suitable replacement housing.
C. FINANCIAL
• Sufficient airport improvement program funds remain for the purchase
of this property at the revised just compensation amount.
• MAC is obligated to fund this transaction in accordance with the 2002
Agreement for the $10 million airport improvement program funds.
D. LEGAL
• MAC has approved the additional funds necessary to purchase the
property.
~ IV. ALTERNATIVE RECOMMENDATION(S) ~
• uelay approval of the revised just compensation.
• Do not approve the revised just compensation and acquisition..
~ V . ATTACHMENTS
• Resolution.
~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~
RESOLUTION ESTABLISHING REVISED JUST COMPENSATION
AND AUTHORIZING PURCHASE OF REAL PROPERTY
LOCATED AT 6400 CEDAR AVENUE
AIRPORT NOISE ACQUISITION PROGRAM
WHEREAS, on September 10, 2001, the City Council approved the acquisition
strategy for residential. property in the airport mitigative area, using $10 million in federal
funds secured, by Congressman Sabo; and
WHEREAS, on March 26, 2002, the City Council approved an agreement
(Agreement) with the Metropolitan Airports Commission (MAC) to provide $10 million of
Federal Aviation Administration (FAA) airport improvement program funds to the City of
Richfield to purchase properties (including all related costs) that are, or will be, negatively
impacted by airport operations; and
WHEREAS, within the aforementioned airport mitigative area the real property
identified for purchase is:
Propert Address Le al Description
6400 Cedar Ave S Lot 6, Block 2, Iverson's Third Addition, Hennepin County
Together with all abutting streets and alleys, vacated or to be
vacated, and all easements, gaps, overlaps and gores,
appurtenant thereto
WHEREAS, the City is authorized by Minnesota Statutes to acquire real property
within its corporate boundaries; and
WHEREAS, the City has extended an offer of fair market value, as determined by
qualified independent professional appraisers, to the owner of real property listed above;
and
WHEREAS, the owner of real property at 6400 Cedar Avenue has presented a
counter offer to the. City for the purchase of the property in the amount of $434,000; and
WHEREAS, the City is authorized to negotiate for the purchase of property and to
extend purchase offers to owners within 110 percent of the appraised value, up to
$25,000; and
WHEREAS, the owner's counter offer exceeds the authorized negotiating limit by
$4,000; and
WHEREAS, the Metropolitan Airports Commission (MAC) has approved the
additional $4,000 that exceeds the authorized negotiating limit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:
1. That the revised just compensation amount of $434,000 for the purchase of 6400
Cedar Avenue is hereby approved.
2. That the City's acquisition/negotiation/relocation consultant, Conworth, Inc., and legal
counsel are authorized to present a revised purchase offer of the approved amount to
the respective property owner.
3. The Mayor and City Manager are authorized to execute all appropriate documents to
consummate the purchase in accordance with the approved purchase agreement.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of
October, 2005.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION: CONSENT
AGENDA ITEM # 7B
REPORT # 19 0
J
STAFF REPORT
CITY COUNCIL MEETING
OCTOBER 11, 2005
REPORT PREPARED BY:
JIM TOPITZHOFER, RECREATION
SERVICES DIRECTOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of resolution authorizing the City of Richfield to process an agreement with
Hennepin County for a Public Entity Waste Abatement Incentive Fund Grant in the amount of
$1,050.00.
I. RECOMMENDED ACTION:
By Motion: Approve the attached resolution authorizing the City of
Richfield to process an agreement with Hennepin County for a Public
Entity Waste Abatement Incentive Fund Grant in the amount of
$1,050.00.
II. BACKGROUND
Beginning in 2003, the City of Richfield has held the annual Urban Wildland Half
Marathon and 5K in August. The event raises funds to support Wood Lake Nature
Center's environmental education programming for the Richfield Public Schools.
The event attracts 1,500 runners, spectators and sponsor representatives.
In an effort to organize the handling of waste materials generated by the race, City
staff applied for and received a matching grant from Hennepin County's Department
of Environmental Services to promote recycling and composting at the event and
streamline the waste abatement process.
1011 recycling
This year, staff purchased containers for recycling, composting and waste and
signage to direct people to the waste abatement areas. A budget of $1,050.00 over
three years was identified for the purchase of these items. Through this grant
agreement, Hennepin County will provide a grant to the City equal to this budgeted
amount.
III. BASIS OF RECOMMENDATION
A. POLICY
• Richfield supports recycling and composting program as part of local
environmental management.
• A special effort is required to manage and organize the waste
abatement at events of this size.
B. CRITICAL ISSUES
• Approval of the resolution is required to receive the grant.
• Action is requested on October 11 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
IV. ALTERNATIVE RECOMMENDATION(S~
• Do not approve the resolution, preventing the processing of the grant check.
• Deferring action is not an alternative as the grant deadline needs to be met.
V. ATTACHMENTS
• Resolution authorizing the grant application.
• Hennepin County Public Entity Waste Abatement Incentive Fund Agreement
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
RESOLUTION NO.
RESOLUTION AUTHORIZING SUBMITTAL OF THE PUBLIC ENTITY WASTE
ABATEMENT INCENTIVE FUND GRANT AGREEMENT FOR THE WASTE
ABATEMENT EFFORTS AT THE URBAN WILDLAND HALF MARATHON AND 5K.
WHEREAS, the Hennepin County Board established a Municipal Waste Abatement
Incentive Fund to provide matching assistance to selected municipal residential waste
abatement projects; and
WHEREAS, the City of Richfield has been selected to receive $1,050.00 for their
participation in an organized waste abatement program at the Urban Wildland Half
Marathon and 5K.
NOW, THEREFORE, BE IT RESOLVED by the Richfield City Council of the City of
Richfield that City staff is hereby authorized and directed to execute the Waste Abatement
Incentive Grant agreement with the Hennepin County Board.
Passed by the City Council of the City of Richfield, Minnesota this 11th day of
October, 2005.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
Contract No: A051329
PUBLIC ENTITY WASTE ABATEMENT INCENTIVE FUND AGREEMENT
THIS AGREEMENT made and entered into by and between the COUNTY OF.
HENNEPIN, STATE OF MINNESOTA, hereinafter referred to as tree "COUNTY," A-2300
Government Center, Minneapolis, Mimiesota 55487, on behalf of the Hennepin County
Department of Environmental Services, 417 North Fifth Street, Minneapolis, MN 55401-3206,
hereinafter referred to as the "DEPARTMENT" and the CITY OF RICHFIELD, 6700 Portland
Avenue South, Richfield, MN 55423,. hereinafter referred to as the "CITY".
WITNESSETH:
WHEREAS, the Hennepin County Board, by Resolution No. 99-8-532, established a
Municipal Waste Abatement. Incentive.Fund to provide matching assistance ("incentive Funds")
to selected municipal residential waste abatement projects; and
WHEREAS, the Hennepin County Board, by Resolution No. 01-12-771R2, modified the
existing policy. for the. Municipal Waste Abatement Incentive Fund by making all public entities
within the, County eligible to apply for and receive grant funds; and
WHEREAS the CITY has made an application for a public entity waste abatement prof ect
and has been selected for.partial funding of said described project in accordance with the terms of
this-Agreement (application copy attached~as Exhibit A)
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
This Agreement shall commence upon execution and terminate on December 31', 2007.
The cost of this Agreement shall not exceed one thousand fifty dollars ($1,050).
2. SERVICES TO BE PROVIDED
a. The CITY will operate its public entity waste abatement project, Urban Wildland Half
Marathon & Sk Race Recycling Project (hereinafter the "Project"), including the
proposed Project budget, as described in the original application~submitted by the
CITY and kept on file with the COUNTY (See Exhibit. A).
b. In addition to the services referred to above, the CITY' agrees:
.. 1 .
1. The CITY shall submit to the DEPARTMENT an interim report by December .
31, 2006, acid a final report by November 30, 2007. The reports should
include at a minimum:
^ . Project findings and summary;
^ Results achieved;
^ .Obstacles/challenges encountered; -
^ Amount of material collected, recycled, and composted; and
^ Detailed budget expenditures and acost/benefit analysis of the
Project.
In addition, the CITY will present the Project findings, as set forth in the final
report, to municipal recycling coordinators and other public entity
representatives at such tunes and places as the County may request.
2. All incentive Funds accepted from the COUNTY over the term of the
Agreement shall be used for Project expenses relating to waste reduction and
recycling, as described in the' Project budget. The CITY shall'not retain any
Incentive Funds in excess of actual Project expenses and shall return any such
excess Incentive Funds to the COUNTY upon completion of the Project.
3, The CITY may not charge its residents through property tax, utility fees, or
any other method for-that portion of the costs of the Project-that is funded by
COUNTY Incentive Funds.
4. The CTTY shall establish a separate accounting mechanism, such as a Project
number, activity number, cost center, or fund that will separate Incentive Fund
revenues and expenditures from all other CITY activities, including other
solid waste; recycling, and yard waste activities.. '
5. Incentive Fund Project activities; revenues; and expenditures are subject to
- audit by the COUNTY.
c: All right, .title and interest in 'all copyrightable material which the CITY shall conceive
or originate either individually or jointly with others, and which arises out of the
performance of this Agreement, shall be the property of the COUNTY and are by this
Agreement assigned to the COUNTY along with ownership of any and all copyrights
of the copyrightable material. The CITY also agrees, upon request of the COUNTY,
to execute all papers and perform all other acts necessary to assist the COUNTY to
.obtain and register. copyrights on such materials. Where applicable, works for
authorship. created by the. CITY for the COUNTY in performance of this Agreement
shall be considered "works made for hire" as defined in the U.S. Copyright Act.
d. The CITY hereby warrants that, when legally required, the CITY shall obtain the
written consent of both the owner and licensor to reproduce, publish, .and/or use any
material supplied to the COUNTY hereunder including but not limited to software,
2
hardware, documentation, and/or any other item. The CITY further warrants that any
material or item delivered by the CITY hereunder will not violate the United States
Copyright Law or any property right of another and, in such event, agrees that the
CITY will defend, indemnify, and hold harmless the COUNTY,. its officials, officers,
agents, volunteers, and employees, at CITY's own expense against any alleged
infringement of any copyright or property right.
3. PAYMENT FOR~SERVICES
The COUNTY shall pay Incentive Funds to the CITY in an amount not-to-exceed one
thousand fifty dollars ($1,050). The Incentive Fund payment of one thousand fifty dollars
($1,050) shall be disbursed upon execution of the Agreement.
4: INDEPENDENT CONTRACTOR
The CITI' shall select the:means, method, and manner of performing the services herein.
Nothing is intended or should be construed in any manner as creating or establishing the
relationship of co-partners between the parties hereto or as constituting the CITY as the
agent; representative, or employee of the COUNTY for any purpose or in any manner
whatsoever. The CITY is to be and shall remain an independent contractor. with respect .
to all services performed under this Agreement. The CITY represents that it has or will .
secure at its own expense all personnel required in .performing services under this
Agreement. Any and all personnel of the CITY or other persons while engaged in the
performance of any work .or services required by the CITY under this Agreement shall
have no contractual relationship~with the COUNTY, -and shall not be considered
employees of the COUNTY. Any and all claims that xnay or might arise under the
Minnesota Economic Security Law or the Workers' Compensation Act of the State of
.Minnesota on behalf of said personnel, arising out of employment or alleged employment,
including, without limitation, claims of discrimination against the CITY, its officers,
agents, contractors, or employees shall in nQ way lie tl~e responsibility of the COUNTY. .
The CITY shall defend, indemnify, and hold harmless the COUNTY, its officials,
officers, agents, volunteers, and employees from any and all such claims irrespective of
any determination of any pertinent tribunal, agency, board, commission, or court. Such
personnel or other persons shall.neither require nor be entitled to any compensation,
rights, ~or benefits of any kind whatsoever. 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..
5. INDEMNIFICATION AND INSURANCE
a. 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, a subcontractor, anyone directly or indirectly employed'by them,
3
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 the-CITY to perform fully, in anyrespect, a1I obligations
under this contract.
b. In order to protect the CITY and those listed above under the indemnification
provision, the CITY .agrees at all times during the term of this Agreement, and
beyond such term when so required, to have and keep in force the following
insurance coverages: _
Limits
(1) Conunercial General Liability on an occurrence
basis with contractual liability coverage:
General Aggregate (The full limits of coverage
must be dedicated to apply to this project, per
ISO form CG2501, or equivalent.)'
Products-Completed Operations Aggregate
Personal and Advertising..Injury
Each Occurrence-Combined Bodily -
Injury and Property Damage
(2) Workers' Compensation and Employer's Liability:
Wflrkers' Compensation
Employer's Liability. Bodily injury by:
Accident=Each'Accident
Disease-Policy Limit -
Disease-Each Employee
$1,000,000
1,000,000
1,000.,000
1-,000,000
Statutory
100,000
500,000
100,000
Copies of insurance policies shall be promptly submitted to the COUNTY upon written
request.
6. .DATA PRIVACY
CITI', its officers, agents, owners, partners, employees; volunteers and subcontractors.
agree to abide by the provisions of the Minnesota Govenunent Data Practices Act,
Minnesota Statutes, Chapter 13, the Health Insurance Portability and Accountability Act
and implementing regulations, if applicable, and all other applicable state and federal
laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of
the same may be amended. CTTY..agrees to defend, indemnify and hold harmless the
COUNTY, its officials, officers, agents, employees, and volunteers from any~claims
resulting from CIT'Y's officers', agents', owners', parhners', employees', volunteers',
4
assignees' or subcontractors' unlawful disclosure and/or use of such protected data. The
teens of this paragraph shall survive the cancellation or termination of this Agreement.
7. RECORDS -AVAILABILITY/ACCESS
,Subject to the requirements of Minnesota Statutes. Section 16C.05, Subd. S (as maybe
amended); the CITY agrees that the County,.the State Auditor, the Legislative Auditor or
any of their duly authorized representatives, at any time during normal business hours,
and as often as they may reasonably deem necessary, shall have access to and the right to
examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which
are pertinent to the accounting practices and procedures of the CITY and involve
transactions relating to this Agreement. Such materials shall be maintained and such
access and rights shall be in force and effect during the period of the Agreement and for
six (6) years after its termination or cancellation.
8. ~ SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS
The CITY binds itself, its partners; successors, assigns and legal representatives to the
COUNTY in respect to all covenants,. agreements and obligations contained in the.
contract documents. The CITY shall not assign, subcontract, transfer or pledge this
Agreement and/or the services to be performed hereunder, whether in whole or in part,
nor assign any monies due or "to become due.to it hereunder without. the priorwritten
consent of the COUNTY:
Permission to subcontract, however, shall under no circumstances relieve the CITY of its
liabilities and.obligations under the Agreement. Further, the CITY shall be fully
responsible for the acts, omissions, and failure of its subcontractors in the performance of
the herein specified contractual services, and of person(s) directly or indirectly employed
by subcontractors.. Contracts between the CITY and each subcontractor shall require that
the subcontractor's services be performed in accordance with-the terms and conditions
herein specified. A consent to assign shall be accomplished by execution of a form
.prepared by the COUNTY and signed by the CITY, the assignee and the COUNTY.
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 hereof. All items
referred to in this Agreement are incorporated or attached and are deerried to be
.part of this Agreement..
b. Any alterations, -variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an
amendment to this Agreement. signed by the parties hereto.
5
1 Q. DEFAULT AND CANCELLATION
a. If the CITY fails to perform any of the provisions of this Agreement or so fails to
administer the. work as to endanger the performance of the Agreement; this shall
constitute a default. Unless the 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 for delaying payment until. the CITT''s compliance.
In the event of a decision to withhold payment, the COUNTY shall fiu~ish prior.
written notice to the CITY.
b. Upon cancellation or termination of this Agreement:
The CITY shall itemize any and all Incentive Fund expenditures -up to the
date of cancellation or termination and return such Incentive Funds not yet
expended.
2. At the discretion of the COUNTY and as specified in writing by the
- Contract Administrator, CITY shall deliver to the Contract Administrator
copies of all writings so specified by the COUNTY and prepared by the
CITY pursuant to this Agreement. The term "writings" shall be construed
to mean and include: -
Handwriting, typewriting, printing, photocopying, -
photographing, facsimile transmitting, and every other
means of recording, including electronic media, any form
of communication or representation, including letters,
works, pictures, drawings, sounds,-or symbols, or .
--.combinations thereof. - -
3. The COUNTY shall have full ownership and control of all such writings.
The CITY shall have the right to retain copies'of said writings.. However,
it is agreed that the CITY without the prior written consent of the
COUNTY shall not use such writings for any purpose or in any manner
whatsoever; shall not assign, license, loan, sell, copyright, patent and/or
transfer any or all of such writings; .and shall not do anything which in the
opinion of the COUNTY would affect the COUNTY'S ownership-and/or
control of such writings.
c. Notwithstanding any provision of this Agreement to the contrary, the CITY shall
not be relieved of liability to the COUNTY for damages sustained by the
COUNTY by virtue of any breach of this Agreement by the CITY. Upon notice to
the CITY of the claimed breach and the amount of the claimed damage, the
COUi~tTY may withhold any payments to the. CTTY for the purpose of set-off until
such time as the exact amount of damages due the COUNTY from the CITY is
6
determined. Following notice from the COUNTY of the claimed breach and
damage, the 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, andJor 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) days' written notice.
l~l. CONTRACT ADMINISTRATION
In order to coordinate the services of the CITY with the activities of the Hennepin County.
Department of Environmental Services so as to accomplish the purposes of this
Agreement, Carl Michaud, Solid Waste & Recycling Program Manager, or his or her
-successor, shall manage-this Agreement on behalf of the COUNTY and serve as liaison
between the COUNTY and the CITY.
Karen Shragg, who can be contacted at 612-861-9365 or kshragg@ci.richfield.mn.us1
shall manage the contract on behalf of. the CITY. CITY may replace. such person but
shall immediately.give written notice to the COUNTY.of the name, phone number and
email' address (if available) of such. substitute person and of any other subsequent
substitute person.
12. ~ COMPLIANCE
a: ~ The CITY shall comply with all applicable federal, state and local statutes,
regulations, rules and ordinances in force or hereafter enacted.
b. If the source or partial source of funds for payment of services under this
Agreement is federal, state or other grant monies, .CITY shall comply with all
applicable conditions of the specific grant. .
13 . PAPER RECYCLING
The COUNTY encourages the CITY to develop and implement an office paper and
newsprint recycling program.
7
14. NOTICES
Any notice or demand which must be given or made by a party hereto under the terms of
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 of the address given in the opening paragraph of the
Agreement. Notice to the CITY shall be sent to the address.stated in the opening
paragraph of the Agreement.
15. PROMOTIONAL LITERATURE
CITY agrees that the teams "Hennepin County" or any derivative thereof 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.
16. MIl~NESOTA 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
between the herein parties and performance under it._ The appropriate venue and
jurisdiction for any litigation hereunder will be those courts located within the County of
Hennepin, State of Minnesota. Litigation; however, in the federal courts involving the
herein 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
COUNTY BOARD APPROVAL
CITY OF RICHFIELD, having signed this agreement, and the Hennepin County Board.of
Commissioners having duly approved this agreement on the of , 2005, and pursuant
to such approval ~, the proper County officials having signed this agreement, the parties hereto agree to be
bound by the provisions herein set forth.
Approved as to form COUNTY OF HENNEPIN
and execution STATE OF 1VIlNNESOTA
Assistant County Attorney
Date:
By:
Chair of Its County Board
ATTEST:
. Deputy/Clerk of County Board
And: '
Assistant/Deputy/County Administrator
_By:
Assistant County Administrator, .Public Works
Date:
Recommended for Approval
By:
~ Director, Department of Environmental Services
• Date:
CITY OF RICHFIELD ~ ~ .
The City certifies that the person who executed this
Agreement is authorized to do so on behalf of the City
as required by applicable articles, bylaws, resolutions or
ordinances:
Name:
By:
Date: ,
*City shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confums the
signatory's delegation of authority. This documentation shall be submitted at the time City returns the
Agreement to the County.
9
Exhibit A
2005 Waste Abatement Incentive Fund Grant Application
Application Due - 5:00 PM, Tuesday, March '15, 2005
Mail Signed Copy to: John Jaimez
Hennepin County Dept. of Environmental Services
417 N. 5~' St., Suite 200
Minneapolis, MN 55401-1309
(612) 348-5893 ~ ,
E-mail Couv (if possible) to:
Applicant Information:
j ohn.j aunez@co.hennepin.mn.us
Public Entity Cty of Richfield; Wood Lake Nature Center
Contact Person: Karen Shra~~ Title: Manager
Address:671.0 Lake Shore Drive
City,. State, Zip: Richfield .Minnesota 55423
Phone: 612-861-9365 Fax: 6.12-861-9367 E-_
Mail: Kshra ci.riehfield.mn.its
Grant Request:_$1,050 Matching Funds: Total Project Cost:_$1,050
Authorizing Signature: The signature of a person who has the authority to entez into a contract
with Hennepin County on behalf of the public entity (Admuustrator, Superintendent, Board
Chair, etc.).
Name (Typed or Printed):. Dr. Karen I. Shragg
Signature: Title: Nature Center
Manager ~ -
Project Title: Urban Wildland Half Marathon & SK Race Recycling Project
Project Description:
To provide the funding support for streamlining the handling of recycling at the Urban Wildland
Half Marathon and Sk Race to beheld at Richfield's Ice Arena on Saturday Augu t 6th, 2005 for
1200 runners.
Project Budget:
$1,050.00
History: The Urban Wildland Haff Marathon and 5k Race was established in 2003 as a
fundraising event for Wood Lake Nature~Center's environmental education program to
the Richfield Public School. The start and finish lines are located at the Richfield Ice
Arena at 66~' and Portland and the route is run through the city, including the nature
center trails. Races generate lots of waste, as da most public special events. Staff has
made an effort to separate and recycle compost and plastic water bottles from the trash
and take it to the proper places. But without enough properly designated barrels, it has
been ah uphill battle to get runners to fhrow'th.eir trash into the proper receptacles.
Proposal: We propose that with this grant we can streamline the recycling and
composfing so that it is easier to identify.the proper bins and disposal is .made easier as
well. With clearly identifiable barrels for trash,. recycling and compost, the race will not
only achieve a higher volume of recycled and composted items, it will also be a more
visible sign that this race is trying to do the right thing byway of the environment. The
runners do appreciate that the race is. setup to recycle anal have made many positive
comments about our efforts during the first two races. .
Budget:
. Items purchased:
3 Recycl-ing bins for Food Compost ~ $150.00
Waterproof/reusable Recycling/compost signage .
or Finish Line area $600.00
Services.Purchased:
Twelve 96 gallon containers $160.OD
Eight 9.6 gallon recycling containers $140.00
Total $1,050.00
Plan for continuation of project: If we are fortunate enough to receive the grant for
improvement of recycling opportunities at this ever-growing event; we will, be able to
reuse the items. and to ask for sponsorship for the services from the vendors or from
other businesses in trade for publicity. I am enclosing a page which shows how many
vendors we had in 2004. There should be no problem continuing.this vastly improved
recycling plan of 2005 into future years.
AGENDA SECTION: CONSENT CALENDAR
AGENDA ITEM # 7F,
REPORT # I ~'
~~ STAFF REPORT
CITY COUNCIL MEETING
OCTOBER 11, 2005
REPORT PREPARED BY:
FRANCIE FLETCHER, HUMAN RESOURCES
COORDINATOR
NAME, Tr7zE
COUNCIL PRESENTER:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution authorizing an amendment to the Flexible Spending Account
Benefit Plan Document.
I. RECOMMENDED ACTION:
By Motion: Adopt the attached resolution authorizing an amendment
to the Flexible S endin Account Plan Document.
II. BACKGROUND
The City of Richfield provides City employees a Flexible Spending Account Plan
benefit that is regulated by federal law. The Flexible Spending Account Plan allows
employees to designate and set aside a biweekly deduction that may be used on a
pre-tax basis for IRS approved medical, insurance and childcare-related
expenditures. Acclaim Benefits administers the City's Flexible Spending Account
Plan and ensures strict adherence to current federal law.
The City of Richfield desires to amend the Plan Document by increasing the Health
Care Reimbursement Account Maximum from $3,500 to $4,000 effective January 1,
2006.
In order to incorporate this change into the Plan Document, it is necessary for the
City Council to adopt a resolution formally modifying the Plan.
III. BASIS OF RECOMMENDATION
1011 FlexPlan
A. POLICY
• The City offers a Flexible Spending Account Plan to eligible City
employees.
• The Plan should follow federal regulations for such plans.
B. CRITICAL ISSUES
• Employees have expressed a desire to have the maximum Health
Care Reimbursement amount. increased from $3,500 to $4,000.
• :The last increase was November 2003.
• .The City should make any changes in October to coincide with the
City's Open Enrollment period for benefits offered in 2006.
C. FINANCIAL
• There is no cost to the City for the Plan modifications.
D. LEGAL
• The proposed change conforms to federal law for such plans.
IV. ALTERNATIVE RECOMMENDATION~S~
• ,The City Council could decide not to adopt the proposed change and leave
-the plan as it is.
• The City Council could choose to review this.matter at a later date.
V. ATTACHMENTS
• Plan amendment resolution
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
None.
RESOLUTION NO.
RESOLUTION AUTHORIZING AMENDMENT TO THE
CITY OF RICHFIELD HEALTH CARE AND DEPENDENT DAY CARE
FLEXIBLE SPENDING ACCOUNT PLAN
WHEREAS, the City of Richfield previously adopted the City of Richfield Health
Care and Dependent Day. Care Expense Reimbursement Plan (Plan) January 1, 1991; and
WHEREAS, the City of Richfield desires to amend and restate such Plan as
presented to the City Council; and
NOW, THEREFORE, BE IT RESOLVED that the City of Richfield Health Care and
Dependent Day Care Expense Reimbursement Plan be amended, restated and adopted in
the form presented to the City Council.. The stated change will be effective January 1,
2006; and
BE IT FURTHER RESOLVED that any authorized persons of the City are hereby
authorized to make such contributions from the funds of the City as are necessary to carry
out the provisions of said Plan at any time; and
BE IT FURTHER RESOLVED that in the event any conflict arises between the
provisions of said Plan and the Employee Retirement Income Security Act of 1974
(FRIBA) or any other applicable law or regulation (as such law or regulation may be
interpreted or amended), the City shall resolve such conflict in a manner which complies
with ERISA or such law or regulation.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of
October 2005.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk