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01-13-2004 Agenda
CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING TUESDAY, JANUARY 13, 2004 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 December 1, 2003; (2) Regular City Council Meeting of December 9, 2003; and (3) Special City Council Meeting. of December 16, 2003 PRESENTATIONS 1. Presentation by Metropolitan Council Member Russ Susag regarding funding from Metropolitan Council for City Bella plaza improvements Notes: 2. Presentation of Richfield Police Commendations Notes: COUNCIL DFSCUSSION 3. Council discussion • Hats Off To Hometown Hits Notes: CITY MANAGER'S REPORT 4. City Manager's report Notes: AGENDA APPROVAL 5. Council approval of agenda. CONSENT CALENDAR 6. Consent Calendar contains several separate items which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval A. Consideration of approval of designating Steven L. Devich, Administrative Services Director, as Acting City Manager for 2004 and directing City Manager to designate Department Director as Acting City Manager in event both City Manager and Administrative Services Director are absent from City S.R. No. 1 B. Consideration of approval of establishing Tuesday, May 4, 2004 at 6:30 p.m. for 2004 Local Board of Equalization S.R. No. 2 C. Consideration of approval of resolution designating Richfield Sun-Current as official newspaper and Star Tribune as second official newspaper for 2004 S.R. No. 3 D. Consideration of approval of resolutions designating official depositories for City of Richfield in 2004, including approval of collateral S.R. No. 4 E. Consideration of approval of resolution regarding Council Member attendance at Council meetings for 2004 S.R. No. 5 F. Consideration of approval of resolution providing 2004 human service agencies funding recommendations in total amount of $93,570 S.R. No. 6 G. Consideration of approval of Professional Services Agreement with Envirotech Remediation Services, Inc. for asbestos, lead-based paint and hazardous materials abatement in Airport Noise Acquisition Program Area S.R. No. 7 H. Consideration of approval of lease between City of Richfield and Minnesota Department of Transportation for use of excess right-of--way along I-494 located east of Penn Avenue and west of Knox Avenue S.R. No. 8 I. Consideration of approval of purchase of trackless MT5 sidewalk plow, hydraulic broom and V-plow from MacQueen Equipment Inc. in amount of $65,594.42 S.R. No. 9 J. Consideration of approval of temporary 3.2 percent malt liquor and public dance licenses for Blessed Trinity Catholic School annual Sno-Ball family event at Assumption Activities Building, 305 East 77th Street, on January 24, 2004 S.R. No. 10 Notes: 7. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARING 8. Public hearing and consideration of second reading of ordinance rezoning property at 6300-6310 Penn Avenue from Industrial to General Commercial Staff Report No. 11 Notes: OTHER BUSINESS 9. Consideration of .designation of Mayor Pro Tempore for 2004 Staff Report No. 12 Notes: 10. Consideration of designation of Council Member(s) attending March 2004 National League of Cities Congressional Conference; July 2004 N.O.I.S.E. Conference and December 2004 National League of Cities Congress of Cities Conference Staff Report No. 13 Notes: 11. Consideration of designation of representatives to serve as 2004 liaisons to various metropolitan agencies and City commissions Staff Report No. 14 Notes: 12. Discussion of response/action related to letter from Transportation Committee regarding alternatives for access ramps to and from 76th Street at I-35W Notes: 13. 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: 14. Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at feast 96 hours in advance to the Administrative Services Director at 612-861-9702. CITY OF RICHFIELD Memorandum DATE: January 5, 2004 TO: Members of the City Council FROM: Barb Kritzman and Steve Lindgren, Co-chairs of the Transportation Committee SUBJECT: I-35W Ramp at 76th Street The Transportation .Committee has been investing considerable time evaluating various alternatives for the access ramps to and from 76th Street at I-35W. The Committee is taking into. account a variety of factors in trying to arrive at a preferred alternative. These factors include: ^ Cost Effectiveness ^ Business Impacts ^ Environmentallmpacts ^ Safety ^ City Traffic Impacts o Traffic Flow on Regional System ^ Provide Convenient Access to Freeways For City of Richfield Residents ^ Travel Advantages for Non Single Occupant Vehicles (bus, carpools, pedestrians, bikes) ^ Affected Neighborhood Social Impacts ^ City Wide Social Impacts As Co-chairs of the Committee we would like to continue to look at all of the factors and a variety of alternatives as we make our deliberations. Some members of the community have suggested that the September 24, 2002 City Council Resolution limits the alternatives to be considered to those that take no residential property. Please clarify for our Committee whether we should continue to consider all of the factors with a wide variety of alternatives or restrict discussion to only those alternatives that do not take residences. AGENDA SECTION: AGENDA ITEM # REPORT # "~~ STAFF REPORT ~._..... CITY COUNCIL MEETING JANUARY 13, 2004 OTHER BIISINESS 11 14 REPORT PREPARED BY: CHERYL 11tCUMHOLZ, ADMIN. ASSISTANT Nam TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: ~I Consideration of designating representatives to serve as 2004 liaisons to various metropolitan agencies and City commissions. I. RECOMMENDED ACTION: By Motion: Designate Council liaison appointments for 2004 to various metropolitan agencies and City commissions. III. BACKGROUND ~ Members of the City Council serve as the City's representatives on various metropolitan agencies and City commissions. Each year,. the Council appoints these representatives. This item has been placed on the January 13, 2004 Council agenda as requested by the Mayor. III. BASIS OF RECOMMENDATION A. POLICY • Each year, the City Council appoints representatives to serve as liaisons on various metropolitan agencies and City commissions. 01131iaisions B. CRITICAL ISSUES • The City needs representation on metropolitan agencies and commissions. IV. ALTERNATIVE RECOMMENDATION(S~ • Defer the designation to a future Council meeting. V. ATTACHMENTS • Liaison appointment list. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 01131iaisions AGENCY 2003 LIAISON 2004 LIAISON ASSOC. METRO MUNICIPALITIES GERTRUDE ULRICH, REP. SUE SANDAHL, ALT. SOUTHWEST CABLE COMMISSION JOHN ENGER, REP. STEVE DEVICH, REP. GERTRUDE ULRICH, ALT. SAMANTHA ORDUNO, ALT. NOISE SUE SANDAHL, REP. JOHN ENGER, ALT NOISE OVERSIGHT COMMITTEE GERTRUDE ULRICH, REP. PAM DMYTRENKO, ALT. LEAGUE OF MINNESOTA CITIES SUE SANDAHL, REP. SAMANTHA ORDUNO, ALT. RICHFIELD SCHOOL DISTRICT SUSAN ROSENBERG, REP. JOHN ENGER, ALT. STOREFRONT/YOUTH ACTION KATHY FARRIS, LIA. SUSAN ROSENBERG, ALT. I-35W SOLUTIONS ALLIANCE SUE SANDAHL, LIA. MIKE EASTLING, ALT. 494 CORRIDOR COMMISSION SUE SANDAHL, LIA. TOM FOLEY, ALT. TRANSPORTATION COMMITTEE SUE SANDAHL, LIA. ADVISORY BOARD OF HEALTH MARTIN KIRSCH, LIA. SUSAN ROSENBERG, ALT. COMM. SERVICES COMMISSION JOHN ENGER, LIA. SUSAN ROSENBERG, ALT. HUMAN RIGHTS COMMISSION SUSAN ROSENBERG, LIA. GERTRUDE ULRICH, ALT. PLANNING COMMISSION MARTIN KIRSCH, LIA. SUSAN ROSENBERG, ALT. FRIENDSHIP CITY COMMISSION MARTIN KIRSCH, LIA. SUE SANDAHL, ALT. ARTS COMMISSION SUSAN ROSENBERG, LIA. GERTRUDE ULRICH, ALT. CELEBRATIONS COMMISSION RICHFIELD COMMUNITY HUMAN SERVICES PLANNING COUNCIL FOWL BOARD SUE SANDAHL, LIA. JOHN ENGER, ALT. SUSAN ROSENBERG, REP. GERTRUDE ULRICH, ALT. GERTRUDE ULRICH, REP. SUSAN ROSENBERG, ALT. RICHFIELD 2020 SUE SANDAHL AGENDA SECTION OTHER BIISINESS AGENDA ITEM # 10 REPORT # 13 STAFF REPORT CITY COUNCIL MEETING JANUARY 13, 2004 REPORT PREPARED BY: SAMANTHA ORDUNO, CITY MANAGER NAME; TITLE COUNCIL PRESENTER: NAME, TITLE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Discussion regarding Council attendance at 2004 National League of Cities Conferences and N.O.I.S.E. Conference. I. RECOMMENDED ACTION: By Motion: Designate Council Member(s) to attend the March 2004 National League of Cities (NLC) Congressional Conference; July 2004 N.O.I.S.E. Conference; and the December 2004 NLC Congress of Cities Conference. III. BACKGROUND Council Member Enger informed the City Manager in late December that he wishes to attend the National League of Cities (NLC) Congressional Conference in Washington, D.C. in March. Because the Council decided in 2003 that attendance at conferences should be rotated among the Council Members, this item is placed on the agenda so the Council may consider the attendance for the three conferences in 2004. These conferences become especially important this year as federal policy issues affecting a wide variety of local government concerns will be on the congressional agenda. Like Minnesota, 45 other states are facing budget deficits and the information obtained at these conferences can be critical in dealing with the difficult times ahead. 0113onferences Knowing which Council Member(s) will be attending each of the conferences will help staff with early registration and airline schedules. III. BASIS OF RECOMMENDATION A. POLICY The Council has determined that attendance at the NLC and N.O.I.S.E. Conferences is beneficial to the City's operations and long- range planning efforts. B. CRITICAL ISSUES • While the City faces potential and perhaps serious revenue reductions from the State, it is even more critical that the Council remains in the informational loop regarding congressional activities as it relates to airport/aviation activities, federal funds and homeland security issues. • Because the Legislature will be addressing the deficit issue, it is doubtful that State dollars will be allocated for airport mitigation in 2004. It becomes even more critical to keep the City's airport impacts issue before our congressional delegation. C. FINANCIAL • The NLC Conferences are budgeted in the City's 2004 budget. The N.O.I.S.E. Conference is budgeted in the HRA 2004 budget. D. LEGAL • None IV. ALTERNATIVE RECOMMENDATION(S~ • Address this issue prior to each conference. • Decline to send Council delegates to any or only designated conferences. V. ATTACHMENT (S~ • List of conferences. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. COUNCIL MEMBER ATTENDANCE AT NATIONAL CONFERENCES 2002 - 2004 CONFERENCE DATE LOCATION ATTENDEES 2002 NLC March Washington DC Enger NOISE July Providence, RI Enger NLC December Salt .Lake City, UT Rosenberg Ulrich 2003 NLC March 7-11 Washington, DC Enger Ulrich NOISE July 16-18 Washington, DC None NLC December 9-13 Nashville, TN Sandahl 2004 NLC March 5-9 Washington, DC NOISE July 21-23 TBA NLC November 30 - December 4 Indianapolis, IN AGENDA SECTION AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING JANUARY 13, 2004 OTHER BUSINESS 9 12 REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASSISTANT NAME, TITLE COUNCIL PRESENTER: NanrE, TITLE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of designation of Mayor Pro Tempore for 2004. I. RECOMMENDED CTION: B Motion: Council desi nation of Ma or Pro Tem ore for 2004. It is necessary to designate a Council Member to serve as the Mayor Pro Tempore for those times when the Mayor is absent from the City. Council Member Sue Sandahl served as Mayor Pro Tempore for 2004. III. BASIS OF RECOMMENDATION A. POLICY • Each year the City Council designates a Council Member to serve as the Mayor Pro Tempore. B. CRITICAL ISSUES • It is necessary to designate a Mayor Pro Tempore to ensure continuation of City operations during an absence of the Mayor. TERNATIVE • uerer the aesignation to a ruture meeting. V. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 0113tempore AGENDA SECTION: PIIgI,jG HEARING AGENDA ITEM # R REPORT # t 4 ~ ,~ STAFF REPORT ia•/'Jari" CITY COUNCIL MEETING .',. ''~------- JANUARY 13, 2004 REPORT PREPARED BY: BRUCE SYLVESTER, ZONING ADMINISTRATOR NAME, T/TLG COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: SIGNATURC REVIEWED BY CITY MANAGER: ~ (~ ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of the attached ordinance rezoning the property at 6300- 6310 Penn Avenue from "I" Industrial to "C-2" General Commercial. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve second reading of the attached ordinance rezoning the property at 6300-6310 Penn Avenue from "I" Industrial to "C-2" General Commercial. III. BACKGROUND Aldi, Inc., a grocery store company, has a purchase agreement for the property and plans to raze the existing building and construct a new 15,150 sq. ft. grocery store, a surface parking lot for 80 cars, and install landscaping at this site. The proposed use requires an approved off-street parking permit, which was granted by the City Council in a separate item at the November 12, 2003 meeting. In conjunction with the requested off-street parking permit, the City of Richfield has initiated a rezoning of the property to change the zoning from "I" Industrial to "C-2" General Commercial. While the proposed use as a grocery store would be allowed in the "I" Industrial Zoning District, the City's Comprehensive Plan calls for the elimination of industrial zoning whenever possible. 011304-RZN6300 Penn.doc III. BASIS OF RECOMMENDATION A. POLICY • State Statute 462.357 Subdivision 4 states that "An amendment to the Zoning Ordinance may be initiated by the governing body, the planning agency, or by petition of the affected property owners as defined in the Zoning Ordinance". Richfield Zoning Code Chapter 546.07, Subdivision 1 states that "An amendment to this code may be initiated by the Planning Commission, Council, or by petition of the owners of at least 50 percent of the land proposed to be rezoned...." The Planning Commission is initiating this rezoning to eliminate industrial zoning and to bring the zoning of the parcel at 6300 Penn Avenue into conformance with the proposed use as a grocery store. • The Executive Summary of the Richfield Comprehensive Plan states "Existing industrial uses and zoning should be converted to commercial or other compatible uses through the use of incentives and specific redevelopment planning." (Page 1-11.) • The Executive Summary of the Richfield Comprehensive Plan also states that "Both sides of Penn Avenue from the Crosstown to West 64th Street should be converted to regional commercial and/or office..." (Page 1-22.) • The Plan Elements of the Comprehensive Plan states "Existing industrial uses are scattered, small, and inconsistent with surrounding land uses. These individual sites and structures are proposed to be converted to uses that are compatible with the Plan proposals for the surrounding area through the use of incentives and specific redevelopment planning. Most will be converted to commercial uses." (Page 3-5). B. CRITICAL ISSUES • There are two components to the proposed redevelopment of the property at 6300 Penn Avenue that require City review and approval: 1) Rezoning the property; and 2) Approving a proposed site-plan and off- street parking configuration. • The Planning Commission reviewed the proposed rezoning at a public hearing on October 27, 2003 and voted unanimously to approve the rezoning. There were only comments from a Fraser School representative regarding Queen Avenue access. Those issues were resolved as noted in the staff report on the off-street parking permit. • The Planning Commission also reviewed the proposed site plan for the requested off-street parking permit at the October 27 public hearing. The proposed site plan for the off-street parking permit was approved in a separate action by the City Council on November 12, 2003 along with the off-street parking permit. C. FINANCIAL • N/A D. LEGAL Zoning: Currently `I', Rezoning to `C-2'. Land Use: Currently commercial catering, proposed grocery store. Comprehensive Plan: See `Policy' above. Notification: Notice for the Planning Commission public hearing was mailed to property owners and residents within 350 feet on October 14, 2003. Notice for this second reading and public hearing with the City Council was posted in the Sun Current on January 1, 2004 and mailed to owners and residents within 350 feet on December 30, 2003. Other Actions: Council: Approved at first reading on November 12, 2003. H RA: N/A Hearing Examiner: N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Deny the request to rezone the property from "I" Industrial to "C-2" General Commercial. V. ATTACHMENTS • Revision to Appendix 1 reflecting changed zoning. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mr. Michael Eggerts, Aldi, Inc: • Mr. Joseph Samuels, RLK Kuusisto, Ltd. BILL NO. AMENDMENT TO APPENDIX 1 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Appendix 1 which describes the boundaries of the various zoning districts of the City is hereby amended in the following respect: Section 1, Paragraph (1) is amended to read as follows: (1) M-9, 10 Th~++ •+r°.~ hiir,iv h°4~ei°°n +"° n°n+°r lire°c of D°nn_~nd n~ ~o°n /~~i°n~ i° ..nr~ "°~~ni°°n ~"° n°n~°r liri°c. °f ~."z~r~ ~+~~~.,,,,y ~ C+rvrrcciv. That area I r~~inq between the center line of Penn Avenue and a line drawn. parallel to and 330 feet westerly of the center line of Penn Avenue and between the center line of 63rd Street and a line parallel to and 264.01 feet south of the center line of 65th Street. Section 3, Paragraph (64) is amended to read as follows: (64) M-9 T",~aT~~~een~e-e~as~l+ne~-o~Lesf+e T-r~as~ /~rlrli~i°n ° ~°r ~in° of ~°nn /~~i°n .~nrl "°fiei°°n +"~-+ n°r~~°r tttl~-ve•~cci-rrrrcv'r-r-crrrrrtvcrrl~; -arra-acrvcccn~rrcvcnicr tin°~_~~~ C+r~F~ That area lying south of the center line of state highway 62 and west of the center line of Penn Avenue and lying easterly and northerly of the following described line: beginning at the intersection of the center line of 62nd Street and the east line of Leslie Terrace Addition; thence south along the east line of Leslie Terrace Addition to the center line of 63rd Street extended westerly: thence east along the extended center line of 63rd Street to a line parallel with and 330 feet westerly of the center line of Penn Avenue; thence south along said parallel line to a line parallel to and 264.01 feet south of the extended center line of 63rd Street; thence east along the last described parallel line to the center line of Penn Avenue and there terminating. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of January, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 011304-RZN6300 Penn.doc AGENDA SECTION: CONSENT AGENDA ITEM # 6 J REPORT # 10 STAFF REPORT CITY COUNCIL MEETING JANUARY 13, 2003 REPORT PREPARED BY: BETSY CHRISTENSEN, SUPPORT SERVICES DIVISION MANAGER NAME, T/TLL• COUNCIL PRESENTER: NAME, TrTLr_ DEPARTMENT DIRECTOR REVIEW: ~ `"~ ~ ~~ ~/_ ~~ `~ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the request by Blessed Trinity Catholic School for a temporary 3.2 percent malt liquor license and a public dance license for their annual Sno-Ball family event to be held Saturday, January 24, 2004. I. RECOMMENDED ACTION: By Motion: Approve the request by Blessed Trinity Catholic School for a temporary 3.2 percent malt liquor license and a public dance license for their annual Sno-Ball family event to be held on Saturday, January 24, 2004, at the Assumption Activities Building, 305 E. 77th St. III. BACKGROUND ~ On December 23, 2003, Blessed Trinity Catholic School submitted a request for a temporary license to serve 3.2 percent malt liquor. They also submitted a request for a public dance license for January 24, 2004. All required fees have been submitted. They will be serving such food items as sloppy joes, hot dogs, pizza, popcorn, and soda. Blessed Trinity Catholic School has contacted food sanitarians from the City of Bloomington to ensure that proper food handling practices are followed. They will 0113 Blessed Trinity Sno Ball work with Bloomington sanitarians and follow their recommendation for safe and wholesome food handling. This event will take place from 5 p.m. until 10 p.m. There will be a private crew on duty to address any issues that may arise. The City has previously issued similar licenses for this annual event. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with the City codes pertaining to these licenses. B. CRITICAL ISSUES • The applicant will supply proof of liquor liability insurance for this event prior to January 13, 2004. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request. However, the Public Safety Department has not found any basis for a denial. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: AGENDA ITEM # REPORT # " ~ STAFF REPORT n ~, ~ '~~~ ' ~ CITY COUNCIL MEETING -~w~ :~ _~ ~~ ~ ~~ ~; .z.. JANUARY 13, 2004 CONSENT 6I REPORT PREPARED BY: MARK HALL, GARAGE AND PARK MAINTENANCE SUPERVISOR NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW:- ~/ ,, SIGNATC/RE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the purchase of a sidewalk plow and attachments for the price of $65,594.42. I. RECOMMENDED ACTION: By Motion: Approve a purchase order to MacQueen Equipment Inc. in the sum of $65,594.42 for a trackless MT5 sidewalk plow, hydraulic broom and V-plow. II. BACKGROUND Unit 368, a 1994 Trackless MT5 sidewalk plow, Unit 3681, a broom attachment and Unit 3682, a V-plow attachment, are scheduled for replacement. Purchase of the new equipment has been coordinated- through the State of Minnesota Cooperative Purchasing Program. Unit 368, a 1994 Trackless MT5 sidewalk plow, has been repaired many times in the last few years and the repairs will get more extensive if the replacement is not made. The City has tried several brands of sidewalk plows over the years. The Trackless MT5 has proven to be the most reliable and versatile machine staff has found for sidewalk work. The City presently has three of these machines and all attachments 0113SidewalkPlow are interchangeable in case of mechanical breakdowns. In addition, parts are available at Macqueen Equipment Inc., whereas with other machines, staff has waited over a month to get parts.. III. BASIS OF RECOMMENDATION A. POLICY • MacQueen Equipment Inc. was one of three bidders accepted by the State of Minnesota for vehicles of this class. Base comparable prices for this class of equipment ranges from $55,279 to $58,540. • The City of Richfield participates in the Minnesota State Cooperative Purchasing Program,. B. CRITICAL ISSUES • Approval at the January 13, 2004 Council meeting will facilitate delivery of the new vehicle. C. FINANCIAL The approved 2004 budget contains $67,000 for this purchase. Breakdown of the entire purchase is as follows: Trackless MT5 sidewalk plow $58,540.00 Extra pump and kick-out valve for hydraulic snow blower $ .2,250.00 Brushguard $ 142.00 Hydraulic broom $ 5,047.00 V-plow $ 2,112.00 Trade-in unit 368 - ($6,500.00) Tax $ 4,003.42 TOTAL PURCHASE PRICE $65,594.42 • Funding for these vehicles will be equipment certificates issued in 2004. D. LEGAL • When the purchase of materials, merchandise, equipment or construction exceeds .$50,000, authority to purchase shall be submitted to the City Council for consideration. IV. ALTERNATIVE RECOMMENDATION~S~ • Council may delay approval to a later meeting. However, delayed approval will result in delayed delivery and a 9% price increase. Council may choose to deny approval and direct staff to obtain new bids for this vehicle. However, staff believes the best price(s) are available for the sidewalk plow and attachments through the joint purchase contract. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT. CITY COUNCIL MEETING ~_ JANUARY 13, 2004 CONSENT 6H 8 REPORT PREPARED BY: THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, TITLL' COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of approval of lease between the City and the Minnesota Department of Transportation for the use of excess right. of way along I-494 located east of Penn Avenue and west of Knox Avenue. I. RECOMMENDED ACTION: By Motion: Approve MnDOT Lease No. H-06048/ T.H. 494 and Penn Avenue II. BACKGROUND The Minnesota Dept. of Transportation has agreed to enter into a lease with the City of Richfield. The lease allows the City to use excess right of way for I-494 in combination with land the City owns through the Right of Way Acquisition Loan (RACE) Program to allow the Best Buy Company to build a surface parking lot on land reserved for the future expansion of 1-494. City attorneys have made several changes to the lease proposed by MnDOT so that the lease is consistent with an existing license agreement that the City has with the Best Buy Company for the use of the City-owned RALF property. In this way both parcels are governed by similar agreements. 0113-MnDOT Lease III. BASIS OF RECOMMENDATION A. POLICY • The proposed lease agreement furthers the City's policy to preserve transportation infrastructure. The excess 494 right of way covered by the agreement will only be used for surface parking until the land is needed to rebuild I-494. B. CRITICAL ISSUES • None. The wording in the lease needed to be revised to be consistent with an existing agreement that City has with the Best Buy Company. C. FINANCIAL • Approval of the lease will have no impact on City finances. D. LEGAL • City attorneys have requested revisions to the lease agreement so that it is consistent with a license agreement the City has with the Best Buy Company on adjacent land that is used for same purpose as the excess 494 right of way. IV. ALTERNATIVE RECOMMENDATION~S~ • Approve the original lease agreement proposed by MnDOT. However, the original lease is inconsistent with terms of an existing license agreement the City has with the Best Buy Company for adjacent land. V. ATTACHMENTS • Lease Agreement. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. Minnesota Department of Transportation Water's Edge Building 1500 County Road B2 Roseville, Mnnesota 55113 651.582.1535 C.S.: 2732 (52=100) 902 LEASE NO.: H-06048 PARCELS: 17,18,19,20,21,217,218 ACCOUNT NO.: 27D079 COMMERCIAL LEASE THIS LEASE is made between the State of Minnesota, Department of Transportation ("Landlord"), and the City of Richfield, a political subdivision of the State of Minnesota ("Tenant"). Mail Lease to: Thomas Foley Transportation Engineer City of Richfield 6700 Portland Avenue Richfield, Minnesota 55423 IT IS AGREED: 1. In consideration of payment of the rent hereinafter specified to be paid by Tenant, and the covenants and agreements herein contained, Landlord hereby leases to Tenant that certain property ("Premises") in the County of Hennepin, State of Minnesota, described as follows: Address of Premises: near T.H. 494 and Penn Avenue South, Richfield, Minnesota as shown on Exhibit A attached hereto and by this reference incorporated herein. Type of Premises: approximately 61,992 usable square feet of commercial vacant land. This Lease includes improvements, if any, and is in effect for the term of five (5) years commencing on September 1, 2002 and continuing through August 31, 2007 with the right of termination in both Landlord and Tenant as hereinafter set forth. Final execution of this Lease is subj ect to review and concurrence by the Federal Highway Administration (FHWA). Should such concurrence by FHWA be denied or rescinded, this- Lease shall be subject to cancellation as set forth in Section 7, CANCELLATION. lA. The parties to this Lease acknowledge that Tenant has entered into separate agreements relating to use of property adj acent to the Premises, which together with the Premises described in Exhibit A to this Lease, comprise ingress and egress to, and the surface parking lots for, the Best Buy headquarters (the "Property"). These agreements consist of a License Agreement dated Apri14, 2002 between the City of Richfield and Best Buy Company, Inc. and an Agreement and Restrictive Covenant dated. Apri14 2002between the City of Richfield and the Metropolitan Council (the "Agreements", attached as Exhibits B and C, respectively). The Agreements were reviewed by MnDot and the FHWA, and approved by the foregoing entities prior to execution by the respective parties to the Agreements. The Agreements deal generally with the use and operation of the Property, and its possible future use for improvements to Interstate Highway 494. 1B. Landlord acknowledges that even though it actively participated in the development of the Agreements, and encouraged their execution and the FHWA approved their execution, there are potential inconsistencies between the Lease and the Agreements, particularly in the potential operation of sections addressing cancellation or termination, holding over or extension and the effective date of the Lease and Agreements. 1 C. The parties to the Lease shall use their best efforts to resolve any inconsistencies or conflicts between the Lease and the Agreements if such should arise, including, but not limited to, giving parties to the Lease and the Agreements notice of any issues which may result in conflict between the Lease and the Agreements, at the earliest practicable date after discovery of such inconsistency or conflict. Landlord and Tenant acknowledge such timely communication will likely prevent or minimize any such inconsistencies or conflicts between the Lease and the Agreements. However, the parties to this Lease specifically agree that in the event of a conflict in the operation or application of any term or condition of the Lease with any term or condition of the Agreements, the applicable term or condition in the Agreements shall control. 2. RENT. The consideration for this Lease shall be Landlord will provide the Premises to Tenant for public on-street parking. At its own cost and expense, Tenant or its sublessee will maintain the Premises. 3. USE OF PREMISES. Tenant shall use the Premises for the following purpose only: parking and for no other use whatsoever. It shall be the sole responsibility of Tenant to comply with all laws, regulations, or ordinances imposed by any jurisdiction governing the use of the Premises. Failure to comply will not relieve Tenant of the obligation to pay rent. Tenant's use of the Premises must not interfere with the public's use of any adjacent highway. Signs or displays will be restricted to those indicating proprietorship and type of activities conducted on the Premises, and will be subject to regulation by Landlord and the Federal Highway Administration as to number, size, location, and design. 2 4. MAINTENANCE AND REPAIRS. Tenant shall keep the Premises in good condition at Tenant's own expense, and shall not call on Landlord to make any improvements or repairs. 5. CHARGES AND EXPENSES. Tenant shall pay when due all utility charges and any other charges or expenses connected with Tenant's use of the Premises. 6. NOTICES. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when served personally on Landlord or Tenant, or when made in writing and deposited in the United States Mail and addressed as follows: To Tenant at the mailing address above stated and to Landlord, Department of Transportation, Office of Land Management, Transportation Building Mailstop 631, 395 John Ireland Boulevard, St. Paul, Minnesota, 55155-1899. The address to which notices are mailed maybe changed by written notice given by either party to the other. 7. CANCELLATION. This Lease shall be subject to cancellation by either party at any time during the term hereof by giving the other party notice in writing at least sixty (60) days prior to the date when the cancellation will become effective. Furthermore, this Lease shall be subject to cancellation by Landlord if the Premises become needed for highway purposes (as determined solely by Landlord) by giving Tenant notice in writing at least thirty (30) days prior to the date when the cancellation will become effective. In the event of cancellation any unearned rent paid by Tenant will be returned. 8. INDEMNIFICATION AND RELEASE. Tenant shall defend, indemnify, save harmless, and release Landlord and Landlord's employees from and against all claims, demands, and causes of action for injury to or death of persons or loss of or damage to property (including Tenant and Tenant's property) occurring on the Premises and connected with Tenant's use and occupancy of the Premises, regardless of whether such injury, death, loss, or damage is caused in part by: (i) the negligence of Landlord or (ii) is deemed to be the responsibility of Landlord, because of its failure to supervise, inspect, or control the operations of Tenant or otherwise discover or prevent actions or operations of Tenant giving rise to liability to any person. If any negligence or responsibility of Landlord is unrelated to Tenant's occupancy or use of the Premises, Tenant will not be obligated to indemnify and hold harmless as set forth above. 9. INSURANCE. Prior to execution of this Lease by Landlord, the Tenant shall provide Landlord with a properly executed certificate(s) of insurance which shall clearly evidence the insurance required below, and .:.:,;,~ar.:oxide,that.:such:,i~uraa~ce.Fa~villRnot..be~ariceled,,.except.o~3D~3rs':prior.:a~ir-itten.a~atice:.tc~„Landlord. 3 9.1 Tenant shall maintain during the full term of this Lease commercial general liability insurance or equivalent form including Premises-Operations Liability, Products/Completed Qperations Liability (if applicable), Contractual Liability, and Fire Legal Liability with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it will apply separately to this Lease. 9.1.1 This insurance shall include State of Minnesota as an insured with respect to performance of Lease. 9.1.2 This insurance shall be primary with respect to any insurance or self-insurance programs covering Tenant, its officers and employees. 9.2 Tenant shall maintain during the full term of this Lease workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $500,000 each accident. 10. FIRE INSURANCE. Tenant shall not be required to keep the Premises insured against fire and extended coverage loss. Tenant shall make no claim against Landlord arising out of any loss to the Premises. 11. RIGHT TO ENTER. Tenant shall allow Landlord and Landlord's contractors and authorized licensees to enter upon the Premises for any of the following purposes: to survey the land, to take soil borings, to perform utility relocation or repair work, or to perform any other work which is preparatory to a highway construction project; also to make emergency repairs required for highway safety. If there is a highway bridge above any part of the Premises, Tenant shall allow Landlord to enter upon the Premises to inspect, maintain, and repair the bridge and its structural supports. If any of these operations substantially restrict the Tenant's use of the premises, rent will be reduced proportional to the restricted use of the Premises during the period of the restricted use. The reduction (or abatement) of rent will be Tenant's only claim against Landlord based on such restriction (or abatement) of use. Tenant shall allow Landlord to inspect the premises and to show the premises by appointment to prospective buyers or renters. Before entering the Premises for any of the purposes under this paragraph, Landlord will make a reasonable effort to notify Tenant, provided, however, that in case of an emergency affecting highway safety (the existence of which will be determined solely by Landlord), if Tenant is not present to permit entry onto the Premises, Landlord or its representatives may enter without notice to Tenant, and for such entry Landlord or its representatives will not be liable to Tenant. 12. ADJACENT HIGHWAY FACILITY. Tenant shall not permit the storage of any substance or material on the Premises which may create a fire hazard to the adjacent highway facility (including any overhead ...,bridge.andts,structural.,suppoxis)e .IfLandlord determines that Tenant is using the Premises in such a way 4 as to create a danger to the adj acent highway facility or the traveling public thereon, and if, upon receiving notice, Tenant does not immediately remedy the danger to the satisfaction of Landlord, then Landlord may immediately cancel this Lease and take possession of the Premises. Any requirement for giving notice of cancellation set out elsewhere in this Lease will not apply to cancellation under this section. Unearned rent paid by Tenant will be returned. If a part of the Premises is situate under or adjacent to a highway bridge, Tenant acknowledges that Landlord's plowing and sweeping of the bridge may cause snow, ice, sand, or road sweepings to be pushed off the sides of the bridge or otherwise expelled off the bridge, falling onto the Premises. Tenant agrees that this risk is specifically included in the Tenant's indemnification and release of Landlord appearing .elsewhere in this Lease. 13. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease or sublet the Premises. Notwithstanding anything to the contrary contained in this Section 13, Tenant may sublet the Premises one time during the term, without the consent of Landlord, provided: a. the operation being conducted in the Premises shall remain unaffected; b. the sublessee shall assume in writing the terms and conditions set forth hereunder to be observed and performed by Tenant; c. Within five (5) days after receipt by Tenant, Tenant shall pay to Landlord all revenue from any sublease; d. Copy of such sublease shall be furnished to Landlord ten (10) days prior to the effective date of the sublease; and e. Nothing contained herein shall release Tenant from any of its liabilities or obligations. 14. CIVIL RIGHTS ACT. Tenant shall not discriminate on the ground of race, color, sex, or national origin against any person in access to and use of the facilities and services operated or otherwise maintained on the Premises; and Tenant shall operate and maintain such facilities and services in compliance with Title VI of the Civil Rights Act of 1964, and Title 49, Code of Federal Regulations, Part 21. 15. DEFAULT BY TENANT -LANDLORD'S REMEDIES. The following occurrences are "events of default": (a) Tenant defaults in the due and punctual payment of rent, and such default continues for five (5) days after notice from Landlord; however, Tenant will not be entitled to more than one notice for default in payment of rent during any twelve month period, and if, within twelve months after any such notice, any rent is not paid when due, an event of default shall have occurred without further notice. 5 (b) Tenant breaches any of the other agreements, terms, covenants, or conditions which this Lease requires Tenant to perform, and such breach continues for a period of thirty (30) days after notice by Landlord to Tenant. At any time after the occurrence of either of the above events of default, Landlord may terminate this Lease upon giving written notice to Tenant and may then re-enter and take possession of the Premises in such manner as allowed or provided by law. Tenant shall pay Landlord all costs and expenses, including attorney's fees, in any successful action brought by Landlord to recover unpaid rent, or to recover damages for breach of any of the other covenants, agreements, terms, or conditions which this Lease requires Tenant to perform, or to recover. possession of the Premises. 16. HOLDING OVER. If Tenant remains in possession of the Premises after the end of this Lease with the consent of Landlord, express or implied, Tenant shall occupy the Premises as a Tenant from month to month, subject to all conditions, provisions, and obligations of this Lease in effect on the last day of the term. 17. MOVING OUT. At the expiration or sooner termination of this Lease, Tenant shall leave the Premises in as good condition as when delivered to Tenant (except for ordinary wear and any loss covered by insurance payment to Landlord). 18. SALE OR TRANSFER OF PREMISES. If Landlord sells or transfers the Premises, Landlord's liability for the performance of its covenants under this Lease shall end on the date of the sale or transfer, and Tenant shall look solely to the purchaser or transferee for the performance of those covenants. 19. RELOCATION ASSISTANCE: Persons, businesses, farms, non-profit organizations, and other entities (hereinafter collectively referred to as Tenant) displaced by cancellation or termination of this Lease, or by moving out prior to cancellation or termination of this Lease, are not classified as "displaced persons" and are not eligible for relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and its amendments. By signing this Lease, TENANT affirms that they are not a displaced person. 20. HAZARDOUS SUBSTANCES. Tenant shall not cause or permit any pollutant, contaminant, or hazardous substance wastes, or material to be used, stored, generated or disposed of on or in the Premises by Tenant, Tenant's agents, employees contractors, or invitees, other than those pollutants, contaminants, or hazardous substances, wastes, or materials commonly associated with operation of Tenant's use. If pollutants contaminants, hazardous substances, wastes, or materials are used, stored, or generated in any manner, or if the Tenant has caused or allowed the Premises to become contaminated in any manner by ... „pollutants,..~contaminants, ~or..hazardous substances, wastes, or materials during the term of this Lease, b Tenant shall indemnify and hold harmless the Landlord in accordance with Section 8 of this Lease. This indemnification is intended to, and shall, survive the termination of this Lease. Without limitation of the foregoing, if Tenant causes or permits the presence of any pollutant, contaminant, or hazardous substance, waste, or material on the Premises and that presence results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Premises to the condition existing prior to the contamination. Tenant shall first obtain Landlord's approval for any such remedial action. (a) As used herein, "hazardous substance(s)" means any substance, material, or waste that is toxic, ignitable, reactive, or corrosive, and that is regulated by any local government, State of Minnesota, or the United States government. (b) Any pollutant, contaminant, or hazardous substance, waste, or material permitted on the Premises as provided above, and all containers therefor, shall be used, kept, stored, and disposed of in a mariner that complies with all federal, state, and local laws or regulations applicable to those pollutants, contaminants, or hazardous substances, wastes, or materials. (c) Tenant shall not discharge, leak or emit, or permit to be discharged, leaked or emitted, any material into the atmosphere, ground, sewer system, or any body of water, if that material (as is reasonably determined by the Landlord or any governmental authority) does or may pollute the same, or may adversely affect (a) the health, welfare, or safety of persons, whether located on the Premises or elsewhere, or (b) the condition, use, or enjoyment ofthe land. 21. LEASEHOLD IlVIPROVEMENTS. Tenant and Landlord acknowledge and agree, Tenant may make improvements to the Premises pursuant to the plans and specifications approved by Landlord's Metro Division Permits Office, which approvals shall not be unreasonably withheld or delayed. Such improvements shall be at Tenant's expense and may include grading and bituminous paving on the Premises. At anytime during the term, if Landlord in its sole opinion determines the grading and the drainage is adversely affecting the surrounding property, Tenant shall make such reasonable changes/improvements to the grading as requested by Landlord. In addition, at the expiration or earlier. termination of the term, Landlord has the option to require Tenant to remove any improvements and restore the Premises to its condition at the commencement of the Lease. Landlord shall provide a thirty (30) day prior written notice to Tenant advising of the Landlord requirement to remove the Tenant-made improvements from the Premises. In the event Landlord does not require Tenant to remove such improvements from the Premises upon Tenant's surrender of the Premises the Tenant-made improvements shall become the property of Landlord. 22. ENTIRE AGREEMENT. This Lease contains the entire agreement between Landlord and Tenant with ..respect to .its subject matter and. maybe amended,only by subsequent written :agreement between them. 7 Except for those which are set forth in this Lease, no representations, warranties, or agreements have been made by Landlord or Tenant to one another with respect to this Lease. FILENAME: H:\PROPMGNT\WPDATA\27 Hennepin\27D079 City of Richfield lease #2.wpd 8 TENANT CITY OF RICHFIELD Signature. Print Name Title Date Signature Print Name Title Date LANDLORD, STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COMMISSIONER OF TRANSPORTATION By Date Allan E. Pint, Director Office of Land Management Mn/DOT Contract Management By ate EXHIBIT A Depiction of Property 1- Lil W O CV ~~ S U Z o ((~~ V~ 0 V el SC-'. _ ° S °~ n Y ~ O N ~ M,9b,1[o0 z ~~ - - M 96 III OS 81'6 ° ~ v, - N O O / N Y~ Y I J w m / 1h N P\'(J~ I N N1 N ~/ N _. .. ..- .2' • ~ ~ Y M„86,i1o0S! U . 6c•z>! ° f ~ ° [- [ ; n m d ~ o N' I--1 _ 1 ~~ ~' ! F- u o X .~ / ~ ~ m O l.n LL1 1 ~ \ : C ~ O \~ W - ~ - -L (/~ [ W Q .. i~ M„9b,[I oOS~ J J a ! ~ ~ ~ -~ w ~ W ~ L1- I H 6 [l°OS Z9'bll~ 1 I I o o NO M N s ~ N I ~ ~ 1 i ! ry U ' O ~ ~... ... ... ... .-• -- -•• 1 .. ... ~ Z ! ~ I i ° s ° end Ndo~o -- - - OS ZI OI~ M --- L.~ , , o .~ , ... ... ... ... ... ... ... ... z 1 ~ 0 I. O [ W W ..N . ~ ~ ~, Z °~" m~ Jm # I ~ Z I ~ m m F.. m N [ lJ_ I z ~ O~ N OONf •N Z H O " `` ta[ I a a ~ N W ~ ` O N Z II [ G 4 P ' ~ !.n .96 bZl o~~ N N o l \ P . r ~ !. • w 3 b1,IIo0N z fc I- O to W zC G ~ ~ I IN . ! ! , ~v ti W J °' :N O o O T• N ) '~ / N ~ N 1 p ti ;~ i J G / / ~~ 2 ~~ . ,~ N 4 2 ! ~ ~ ~ ti ~r v ~ o ~ y ~~ o • (yQ' ~ •Q N m ~ i h~ \~ ! \~ ^~ 00' f -.. ; ~ ! N 9I 6LZ[r N N °~ ,/ a « ! .r z i~ o I ~ ~ [` /• / W ~.~ NO N ~. ~ l ~I. .. •_ ...., ... __ ~ Q i es '6065 y •N ••1 f o-;M ~~ 1,;' pW.N~ M 0ti N ~ N M ? M Y ~. `~ •~ .p .n . q 0 Z N d I NO ~ M 2 ^ a 8 M 4 v ! i z 21 R. 99'Z~ ' M„8Z,9So0GN i 3„OZ,£[o0N - - - _ - _ - - - 00'08 ,n ~ , [` ~-/ M ° S ° ~ n V N N ~ d , ' ~ 3.,OZ,£ioON .00'55£ - - " 1 1 1 1 I [ 1 1 [ 1 t 1 [ [ 1 [ [ 1 [ [ N Ol N ° M 0 1 1 1 I 1 1 I 1 [ [ 1 1 1 ! [ Z 0 0 LL 2 „ O O ~ J 0 4 O LL 0 > Y .~. r ~ , u a i J d N Q U ~ '~ 1 h ["~ N W M m 1'+~1 Z O Z O W S In Q Z o: LL w 0 m 0 V J d' N 2 W } m Q a a Q U m 0 `~ EXHIBIT B License Agreement ~~1~~38 Execution Copy ~3aX (~~ LICENSE AGREEMENT THIS AGREEMENT made and entered into as of this . ~.~ day of s'' ~ , 2002, by and between THE CITY OF RICHFIELD, MINNESOTA, a Minnesota municipal corporation, (hereinafter referred to as "Grantor"), and the BEST BUY CO., INC., a Minnesota corporation (hereinafter referred to as "Grantee"). WITNESSETH: BACKGROUND. Grantee has conveyed to Grantor fee title to the real property legally described as Outlots A, B and C, BEST BUY CAMPUS, Hennepin County, Minnesota, and shown in the attached Exhibit A. (the "Outlots"}. Grantor intends to convey fee title to the Outlots to the State of Minnesota, Minnesota Department of Transportation ("MniDOT") to be used as Trunk Highway. right-of--way for future improvements to Interstate Highway 494. In the plat of Best Buy Campus, Grantee has dedicated certain additionai lands to the public which are also the subject of this license (the "Dedications"). The Outlots and the Dedications are shown on the attached Exhibit A and are also collectively referenced herein as the "Property". Grantee has requested that, until such time as Mn/DOT needs to legally and physically. cx:cupy the Property, the Grantee shall be allowed to improve and use the Property as an additional parking area for its office headquarters being constructed for it on adjacent lands. The Grantor has petitioned the Metropolitan Council-and Mn/DOT for approvals of the Property for such purpose, which has also been incorporated into the Grantee's- final development plan and conditional use permit for the Best Buy office headquarters. The approved .final development plans include a site plan showing the layout and design of the parking area that is to be located on the Property and certain other lands. Mn/DOT has consented to such use, and has authorized Grantor and Grantee to enter into this License Agreement. ARTICLE I -GRANT, TERM, TERMINATION 1.1 PROPERTY. In consideration of the fees, covenants and agreements herein reserved and contained on the part of Grantee to be performed, Grantor does hereby license to Grantee: (i) the Property and {ii) a right of ingress and egress from Lot 1, Block I, BEST BUY CAMPUS to the Property. 1.2 TERM AND EXTENSIONS. The term of this License will commence on the , date that this agreement is executed by the parties, and, unless extended as hereinafter provided, will terminate five (5) years from the final date of execution hereof, or such earlier date as may be determined in accordance with the provisions of this Agreement. At the expiration of the term `~f°thi's"`Agreement,`•°or`~ranYOr's"nntic~-~~f'~terminatirtn; ~hewGrar~tee .ngrees•~to=avaorate =.the Property and deliver the same to the Grantor, or to Grantor's successor or assign. IBD-209307x11 RC145-408 1.3 TERMINATION DURING TERM BY GRANTOR. Grantor may terminate this Agreement during its term (or the term of any extension) by written notice to Grantee. Notice of termination will not be given until Grantor has received notice from MnIDOT that the Property, or any part thereof, is needed for Trunk Highway purposes and Grantor and MnDOT have scheduled a closing for the transfer of title to the Property to MnDOT. Termination shall be effective thirty (30) days after the Grantor's tendering of such notice, to Grantee or on the day prior to the closing date specified in the notice of termination, whichever is later. The termination is effective even if the closing does not occur as scheduled. Only if Grantor's notice relates to a portion of the Property, may Grantee, at its election, continue to Iicense the unneeded portions of the Property not covered in the notice, according to the terms of this Agreement. 1.4 TERMINATION DURING TERM BY GRANTEE. Grantee may terminate this agreement at any .time during its term (or the term of any extension) by written notice to the Grantor. Termination will be effective on the date specified in the notice, and if no date is specified, thirty (30) days fallowing the receipt of notice. If Grantee .elects to terminate this Agreement, it will remove the bituminous parking lot and other improvements installed by it on the Property, will grade the Property to the grade existing while used as pazking and will provide Grantor with the right of access across Grantee's property for the purpose of maintaining the Property until it is conveyed to Mn/DOT. 1.5 EXTENSION. Subject to the consent of the Metropolitan Council, either party may extend this Agreement for two (2) additional five (5) year terms. Notice of intention to extend will be given by the party wishing to extend at least forty-five (45) days before the expiration of the initial term or the first extension as the case may be. ARTICLE II -USE C1F PROPERTY 2.1 GRANTEE'S USE. During the term of this License, the Property may be used only for the purpose of the parking of motor vehicles, and incidental uses subject to all of the provisions of the approved final development plan and the conditional use permit, and all Richfield ordinances regulating parking on private property. 2.2 CONSTRUCTION OF IMPROVEMENTS. All improvements to be constructed on the Property will be constructed by and at the expense of the Grantee, and will be designed and laid out in accordance with the approved final development plan and the conditional use permit for the Best Buy office headquarters, and detailed plans and specifications approved by the Grantor. Grantee will obtain all permits and approvals necessary for construction and use of the improvements. No advertising devices in any manner, form or size shall be constructed, placed or permitted to be constructed or placed on the Property. JBD-209307v7] 2 RC 145-408 2.3 REGULATED MATERIALS. The Grantee may not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the Property. In the event of spillage of regulated materials, the Grantee shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with al] applicable federal, state and local laws and regulations at the sole expense of Grantee. ARTICLE III -LICENSE FEE-EXTENSIONS 3.1 LICENSE FEE. The license fee for the term is $1.04, Ev be paid by Grantee to Grantor upon execution and delivery of this Agreement. The license fee for any extension of this Agreement will be in an amount agreed to by the parties at the time of any such extension; provided, however, that the license fee for any extension shall never exceed $1,000 per year. The Grantor will disclose such fees and shall make all required financial adjustments, as directed by the Metropolitan Council, in the event any fee is received from Grantee. . ARTICLE IV -TAXES 4.1. TAXES. The Grantee shall be responsible for all real estate taxes and installments on special assessments which are due and payable on the Property from the date of this Agreement and continuing until the termination of this Agreement or any extensions thereof. Grantee will also be responsible for payment of any real estate taxes payable on the Property after the termination of this Agreement, if such taxes are assessed based upon the period of Grantee's .use of the Property. ARTICLE V -UTILITIES 5.1 CHARGES. Grantee shall pay for all utility services provided to the Property. ARTICLE VI -MAINTENANCE AND REPAIRS 6.1 ACCEPTANCE OF THE PROPERTY. The Grantee accepts- the Property AS IS, and WHERE IS with all faults and defects. Grantee will be responsible, at its cost and expense to maintain and repair the Property to the required standards of the City of Richfield, during the term of this Agreement. Grantee acknowledges that the Grantor will have no obligation of any nature to Grantee to maintain, preserve or repair the Property. ,aD-ZO~~o~~i i 3 RC 145-408 ARTICLE VII -ALTERATIONS 7.1 NOTICE TO GRANTOR. After constnJCtion of the parking area has been completed, alterations costing more than $25,000 will not be undertaken until Grantee has given Grantor written notice thereof specifying the work. to be performed in reasonable detail and including the names of the contractors and materialmen to be utilized. After receipt of said notice, Grantor will have a reasonable period of time during which it will make a determination, in its sole. discretion, whether. or not to permit the work. Grantee will provide Grantor upon request with any further information reasonably necessary for such determination by Grantor and Grantee will not commence work or accept materials prior to receiving written notice of Grantor's determination ARTICLE VIII - DESTRUCTIONAND RESTORATION S.I DAMAGED. If all or part of the Property or improvements is damaged by any casualty, or is affected by any Act of God, whether insured or uninsured, the Grantor will have no obligation to repair or rebuild the improvements. Grantee will have the option to rebuild or repair or to terminate this License by exercise of notice to Grantor. If the Grantee elects to terminate this License, it shall comply with the provisions of Section 1.4. ARTICLE IX - PUBLIC LIABILITY, INDEMNITY 9.1 GRANTEE'S LIABILITY INSURANCE. Grantee shall, during the entire term hereof, keep in full force and effect a policy of liability and property damage insurance with respect to the Property, and the business operated by Grantee, in which the limits of liability will be the same as the Policy limits which Grantee currently carries on similarly used property. 9.2 INDEMNIFICATION. Except for claims arising out of the willful or negligent act of the other party or its representatives, each party will indemnify and defend the other party, the Metropolitan Council and Mn/DOT against all claims, expenses. and liabilities incurred, including reasonable attorneys' fees, in connection with loss of life, personal injury, or property damage arising out of any occurrence in, upon or at the Property, or the occupancy or use thereof by said party, or occasioned wholly or in part by any act or omission of said party, its agents, employees, or contractors. This provision will not be deemed as a waiver of any statutory liability limits available to Grantor. ARTICLE X -ASSIGNMENT AND SUBLICENSING 10.1 NO ASSIGNMENT BY GRANTEE. Neither party may assign its interest under this License or sublicense the Property, or any part thereof without the prior consent of the other party and the Metropolitan Council. JBD-209307v11 4 RC145-408 ARTICLE XI -GRANTEE'S DEFAULT 11.1 EVENTS OF DEFAULT. The fallowing events are deemed to be events of default by Grantee under this License: (a) Grantee fails to pay when due any payments or other charges provided herein, or any portion thereof and the same remains unpaid for a period of ten (10) days after the same has become due; or (b} Grantee does or permits to be done anything which creates a lien of record upon the Property; and does nat cause said lien to be released within ten {!0) days after written notice from Grantor; or (c) Grantee fails to comply with any other provision of this License and has not cured. any failure within thirty (30) days, jfive {5) days in the case of non- compliance with Section 2.1], or such longer period of time as may be reasonably required to cure such default, after Grantor, by written notice, has informed Grantee of such noncompliance. 11.2 .GRANTOR'S REMEDIES. Upon the occurrence of any of the above events of default, Grantor may without providing a notice of termination, or without affording Grantee an opportunity to cure (except as to matters for which the right to cure is specifically given in this Agreement), may immediately notify Grantee of such default and may, with such notice, retake possession of the Property. 11.3 COSTS, EXPENSES AND ATTORNEYS' FEES. If one party is required to seek legal counsel for collection or to commence or defend litigation in order to enforce or enjoy the covenants and agreements in this License, the party prevailing in such collection or litigation will have the right to reimbursement from the other party of all reasonable costs, expenses and attorneys' fees. ARTICLE XII -- GRANTOR DEFAULT 12.1 DEFAULT NOTICE TO GRANTOR. Should Grantor default in the performance of any of the covenants on the part of the Grantor to be kept or performed and such default will continue for ten (10) days after written notice to Grantor from Grantee specifying such default, Grantee may seek specific performance of this License and recovery of attorneys' fees as provided in Section 1 i.3 above. JHD-209307v11 5 RC145-408 ARTICLE XIII -MISCELLANEOUS PROVISIONS 13.1 COVENANT OF QUIET ENJOYMENT. Grantee, subject to the terms. and provisions of this License, on payment of the license fee and observing, keeping and performing all of the terms and provisions of this License on its part to be observed, kept and performed, will lawfully, peaceably and quietly and exclusively have, hold occupy and enjoy the Property during the term hereof without hindrance or objection by any persons lawfully claiming under Grantor. I3.2 ACCESS TO PROPERTY. Grantee will allow Grantor and its officers, agents, assigns, contractors and employees access to the Property during regular business hours, on forty-eight (48) hours' prior notice for purposes of inspecting, surveying, testing and any other pre-demolition activities which are deemed necessary to the Grantor for purposes of reuse of the Property. The Grantor will use reasonable efforts not to interrupt or disturb Grantee's business in the course of conducting said activities. 13.3 SURRENDER OF PROPERTY. Except as provided in Sections 1.4 and 8.1 of this License, at the expiration or termination of this License, Grantee will surrender the Property in an "as is" condition, but may remove therefrom all property placed on the Property by Grantee. All such items not removed will forfeit to and be deemed the exclusive property of Grantor. 13.4 LIENS. Grantee agrees not to suffer or allow any liens to be placed against the Property as a result of Grantee's activities during the term of this Agreement; including, without limitation any. liens for labor or materials provided for any repair, maintenance, modification, alteration or construction of the Property. 13.5 NO DAMAGES, NO RELOCATION BENEFITS. Grantee understands and acknowledges that Grantor is willing to enter into this Agreement and carry out its obligations hereunder only .because Grantee has agreed that it .will make no claim for damages upon termination of this Agreement.- Specifically, and without limitation of the foregoing, Grantee understands that upon`the expiration or other termination of this Agreement, neither Grantor nor MnDOT has any obligation to provide it with other parking, to compensate it for the value of lost parking, to compensate it for the impact of the lost parking on the value of the business, or on the income or profitability of the business, to acquire the business or any part thereof, or to pay or offer relocation benefits or relocation assistance. 13.6 NO PROPERTY INTEREST. This instrument is not a lease, creates no landlord- Tenantrelationship, and nothing in this Agreement will be deemed to create any property interest other than as expressed in this Agreement. 13.7 COMPLIANCE WITH ZONING APPROVALS. Nothing imthis Agreement may be deemed to alter, modify, or relieve Grantee from its obligations udder the final development plan and conditional use permit for the Best Buy headquarters, including, without limitation, its "~obiigati~n~~hen~~t#~e~Property~is~a~or~ger~~railable for<parking;-~tt~°s+~bn~rt=~nd~~have{apPrt~ved "a revised design for the south edge and for any replacement parking" on Lot 1, Block 1, BEST JBD-209307v11 6 RC i 45-408 BUY CAMPUS. I3.8 GOVERNING LAW. The laws of the State of Minnesota will govern the validity and interpretation of this Agreement. 13.9 NOTICES. Any notice which is required under this License will be deemed "given" upon hand delivery or three (3) days after prepaid posting in the U. S. Mail whichever will first occur. IN WITNESS WHEREOF, the parties hereto have affixed their signatures the day and year first above written. GRANTOR: THE CITY OF RICHFIELD By: Its: By: Its: JBD-209307v11 7 RC t 45-408 ~~ 1 Martin Kirsch GRANTEE: sES~ sy: Its: JBD-209307v11 RC 145-408 STATE OF MINNESOTA ) ) SS.. COUNTY OF HENNEPIN ) ' e foregoing instrument was acknowledged before me this 7 ` day 2002, by Martin Kirsch, the Mayor of the City of Richfield, Minnesota public corporation, on behalf of the corporation. ,--~ Notary Public CATHERINE ROCKtJTZ STATE OF MINNESOTA ) NOTARY PU9UC -MINNESOTA '`"".' • . My Cornmission Expires Jan $1,2005 ) SS.. COUNTY OF HENNEPIN ) -' of a he foregoing instrument was acknowledged before ~ me this ~ day of 2002, by Samantha Orduno, the City Manager of the City of Richfield, a Minnes to public corporation, on behalf of the corporation. ~> e ~ \ ~ n Notary Public CATHERINE 130CIa.rR NOTARY Pt16LIC -MINNESOTA STATE OF 1VIINNES OTA ) My Commission Expires Jan. 81, 2005 ) SS.. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ~ day of t'~ ` 2002, by ~n,~ Z • (~,vuc,~ the .C.. - of Best Buy Co., Inc., a corporation under the laws of the State of Minnesota, on behalf of the core atlon. c (~/ , "• ; : DENISE K. HElNBUCH NOTARY PUBLI MfN OT . . '~";~ C • NES A DAKOTA COUNTY • , ~ My Camm. Expires Jan 3i, 2005 JBD-209307v11 9 RC145-408 CONSENT AND APPROVAL In accordance with that certain Agreement and Restrictive Covenant dated , 2002 and recorded , 2002 as Document No. in of the Office of the Hennepin County Recorder and as Document No, in the Office of the Hennepin County Registrar of Titles, the Metropolitan Council hereby consents to the foregoing License Agreement. Dated: '~~ ~ ~ ~ STATE OF MINNESOTA COUNTY OF RAMSEY ss.. TETROPO AN COUNCIL Y Region mirastrator The foregoing instrument was acknowledged before me this .~..~_ day of 2002 by Lee E. Sheehy, the Regional Administrator of the Metro olitan Council, a political subdivision of the State of Minnesota, on behalf of the Metropolitan Council. N Public THIS DOCUMENT DRAFTED BY: Kennedy & Graven, Chartered 470 Pillsbury Center Minneapolis, MN 55402 (612) 337-9300 MI :8G2987.02 JBD-2a9367v11 RC145.408 ---- eL1z,4BEn~t ~GUAROT NOTARY PUBL1G8pM$~ ^ t MY C04Gp5SION E7~(REg 131,E R 10 Q _-~--~ W -1; ~ ~~ ww ~ ~ 6 4 ~ ~ ~~ Q ; ~ _ . ~ ~ c p i G ~~ ~ q ~ ~ I ~ y / i LFOI ON.~3~IN/1S I ~~ ~~ ONY7 03tl31Sg3t/ y.r ~J i~alw~ Oi 7 i ~ ~~ yg~4 a ~ 9 ~ ~~ J/ ~ =~ f i _37tiA ~ ~ ~~_~~_~~ ~ j ` ~~ 1 ~ `, „, ~ 5 tr.R ~ ~ 'fk '-r. i Y ~si:l~Ytlt ~'~,~-, ~,!':'~ r r hr # ~, ~• z z , .raw ~r.a~ O 4 'fas:e.'~`iei ~ ~ ~ raA [ L' U a5~ ~M\ ao wi i~awn . I at -,.. v~.... ~i f` wres Ki,- rcas , ~•~..~ ~. ~~~ Yat ~ ~~~ ~1 p-TT~T Q L -ti ZGa I Q '~ jS ticc idi ',)W711' - " ~s~ I ~ ~5~'' ~ s a~ ratceia i ra + ~ y ~ 1 `~~ ~-~ 0 3~ v ~~~ .. , ~ s T-,/--~ ~ C) O ~ r ee sr ~ , . .. . ~s ~r~ w i par' wr 3a~ nj ~+~~~ `~ ;fix ~ . ~; Q ~~ 1 V ~ JQ~ ww,. V ~~R i~ Iii w Iy~ m I~~ -~r R wwl pare .~wr R~ I~ iwur11 rt'. ~~;;~ I g~~ J' ,_'~` .~ ~ •~l~ ~ .r7~i= •t, ~~ +nraor 11 a, I ~ ~ r-f* (.. M w+ ~a~~~~h~.wwa iffier. .a~w.amw I Ti ~'~.~ . ~• I ~ ~ a ° ^^^ w.r.nr O .afi.•s~`nw..• i u ~ ~ ~--Ik1~9S•~[i4Y~---AW9Yi7~-~-B3tY~iN--~~~ ~ ~~~~~ ----~--T- l r--~- ~r~ o~ s-~~IKI R8~_ i.~,!^I,! ~ ~ NOtL/ OY 1~5'b/I~ J1.7d1 YV'Y ~ ~ ,_ ~+ ~~~~~~ , I ; _. an i ~ ae+, ~ w ~ , ,.. e ~ I w S,N~SNf~' 0/I~Y`77~N/~" ` + ar++-~' I I I ~I I '~ ! '~ _ ...~.m.~.,.f.?.. a --- =t desra.utw)nN~M r~ -I I A~OLL/~Y 1~L1/~ ,t13 ~I380 ( Y, ,.~ xa. I.,.,~-~.- -~--~ I ... ~ . ~} .~ Q ,.. ., -. f - ~ - -r+rnas--~n~sw- -~„sr- -a~rhrn--~- I ~ %' ~''r t I ~ ~ Jig .{s ~'~ _ `I ~~ ~I ~:. f ._ 9kinnl nae~ rv~eian.~dr I ,rE~ _ ~~f ~•~•,•,•• ~i obi rsmc „ ~- iaKraar ~ ' aonc ~ ~E1 i - a r a or a _ -aoa.±~ •~tie. Misr.. nrer,tiw.. a.f. vasNr ~ ~ R f f-san.h an r+r ~•/ 1 ~7.rre~ i.. M~ra~t/f ~• f sa.an Yfs . a.rvrsu~sa. ~ s: 1 # ~ ~, ..,.w,..r... ~, ,; f i 1 i y~ ~I ~' ~' ~~ ~r ~~- ~ ,, ,. i ~ ~~ ',1 ~~ ~. ,~ .~ ~,~ ,- _ ~ r r• ~ ~ t~ ~; ~ 1- ~}~ ~t~'' Q ~~~~ 'T ,,- ~' .1 ~t K~. r -! lii ~ tea. Z 0 Q U v _,.:,~? 0 ~~ rxnn ~. ~ . ~~ ~ z=, n <e'_ ~ ' Y- G.'c,a ~' } ' ~ ~' 'r. n ~ ~~ ~ a ,: ya acv W +4 G a ~. ~+ . .~ ,z ~ c~`~ / ~~- ~ ~`~~ ~ Y " ~~~ Flrst American Tie . ~ insurance Company ~ 1$00 Midwest Plaza West ' 801 iVicollet Mall MlMeapoiis, Minnesota 56402 5y. !o t f ~zo~• EXHIBIT C Restrictive Covenant ~•' T REC FEE ~ COPY FEE ~` Kennedy & Graven Box 198 '7'71343'7 OFFICE GF rSLUf1i'i ' ,:~3~uER lIENlii:Pif{ C4Ub~T'f. H:.il~c'.i07A CEO Tl~ic'D FfLF ^. :HU 0~ 2~011~PP 29 Pik 3~ 43 . 'T713~~'7 ,, ~~~•.~~G~1..~-~c.rs'+.cPU7Y ' AGREEMENT AND RESTRICTIVE COVENANT p~~. ,off THIS AGREEMENT is made and entered into this ~`~ day, of , 2002, between the City of Richfield, a Minnesota municipal corporation, (" e City"), and the Metropolitan Council, a political subdivision of the State of Minnesota, ("the Council"). WHEREAS, the City has acquired fee simple title to the real property described in Exhibit A attached hereto and incorporated herein; and WHEREAS, the Council has contributed funds toward the acquisition of the City's interest in the real property pursuant to the Council's Loan Program and a Loan Agreement between the Council and the City as authorized by Minnesota Statutes section 473.167; and WHEREAS, the Loan Program was established to provide for the acquisition of property within the right-of way of a state trunk highway shown on an official map .when necessary to avoid imminent conversion of such property to a use which would jeopardize the property's availability for highway construction. NOW, THEREFORE, in consideration of the loan made by the Council to the City and in consideration of the mutual agreements and covenants, the Council and City agree as follows: 1. No sale, lease, mortgage, or other conveyance, nor the creation of any easement, restriction or other encumbrance against the real property described in Exhibit A shall be valid for any purpose unless the written approval of the Council, or its successors, is duly filed and recorded at the time of the filing and recording of the instrument to which such approval pertains. 2. The. real property described in Exhibit A shall not be used for any purpose except the construction of the expansion of Interstate Highway 494 unless the Council, ar its successors, shall consent to such other use or uses by instrument in writing duly f led and recorded and designating the nature, extent and duration of the use for which such consent ' i§ given. . CAH-21171 Iv2 RC145-4118 /, .. ..~.'. This Agreement and Restrictive Covenant may be enforced by the Council, .its successors, or by any citizen residing within the metropolitan area as defined by appropriate action. in the courts of the State of Minnesota. ' IN WITNESS WHEREOF, the parties have caused this instrument to be executed in their respective names all as of the above date. METROPOLITAN COUNCIL .J+. Re oval ministrator CITY OF RICHFIELD ~cX~ By ~~ ayor By Ci Manager cnN-21171 Iv2 Rc1as-aas ~• STATE OF MINNESOTA ss.. COUNTY OF RAMSEY The foregoing instrument was acknowledged before me this day of ,~/ , 2002 by Lee E. Sheehy, the Regional Administrator of the Metibpolitan Council, a political subdivision of the State of Minnesota, on behalf of the Metropolitan Council. N Public ^ ELiZABE-i'Fi MARQUARDT v~ NOTARY PUBLtGMINNESOTA ~~' MY COMMISSION EXPINES 1,714006 t STATE OF MINNESOTA ss.. COUNTY OF HENNEPIN e oregoing instrument was acknowledged before me this day of 2002 by Marvin J. Kirsch and Samantha Orduno, the mayor and city manager, r spectively, of the City of Richfield, a municipal corporation under the laws of Minnesota, on behalf of said corporation. THIS DOCUMENT DRAFTED BY: Kennedy & Graven, Chartered 470 Pillsbury Center Minneapolis, MN SS402 (612)337-9300 Notary Public } CATHERINE ROGK(.ITZ -'•' NQTARY PUBLlG -MINNESOTA My Co+nm(sslon Expires Jan. 31, 2005 ca,xal 1711v2 RC145~08 ~ r ~+ t~ EXHIBIT A Outlots A, B and C, BBST BUY CAMPUS, Hennepin County, Minnesota r~ CAH-211711v2 • RC145.408 AGENDA SECTION: CONSENT AGENDA ITEM # 6G REPORT # STAFF REPORT CITY COUNCIL MEETING .~ ~ JANUARY 13, 2004 REPORT PREPARED BY: JOHN STARK, ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT NAMC, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration for approval of a Professional Services Agreement with Envirotech Remediation Services, Inc. for asbestos, lead-based paint and hazardous materials abatement in the Airport Noise Acquisition Program Area. I. RECOMMENDED ACTION: By Motion: Approve the execution of a Professional Services Agreement with Envirotech Remediation Services, Inc. for asbestos, lead-based paint and hazardous materials abatement in the Airport Noise Acquisition Program Area. IL BACKGROUND • In 2003, the City of Richfield acquired the apartment buildings at 6412 and 6444 Cedar Avenue as part of the Airport Noise Acquisition Program (ANAP). • Environmental testing was undertaken on these properties resulting in findings that asbestos, lead-based paint and hazardous materials are present in the buildings or on the property. • The properties cannot be demolished until the asbestos, lead-based paint and hazardous materials have been abated (removed or contained). 011304Abate • Three quotes were obtained for the abatement of asbestos, lead-based paint and hazardous materials. • Envirotech Remediation Services, Inc. (Envirotech) quote of $30,520 was the lowest; the other two solicited firms quoted prices of $32,800 and $42,300. III. BASIS OF RECOMMENDATION A. POLICY • Entering into a Professional Services Agreement with project consultants is standard procedure. Contracts over $25,000 require City Council approval B. CRITICAL ISSUES • Demolition bids have already been accepted for these properties. The demolition is to be completed prior to March 1, 2004. Environmental abatement, however, must be completed before demolition can begin. C. FINANCIAL • The funds for the ANAP acquisitions came from a $10 million grant from the Metropolitan Airports Commission (MAC). • There are sufficient grant funds to pay for the proposed work and the proposed work is consistent with the terms of the grant agreement between the City of Richfield and MAC. D. LEGAL • Environmental abatement is legally required before the demolition of these properties can commence. IV. ALTERNATIVE RECOMMENDATION(S~ • Reject the quote and direct staff to seek additional quotes; this may delay the demolition of the buildings in question. V. ATTACHMENTS • Proposed agreement. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A ASBESTOS, LEAD-BASED PAINT AND HAZARDOUS MATERIALS ABATEMENT PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into by and between the City of Richfield, STATE OF MINNESOTA, hereinafter referred to as the City, and Envirotech Remediation Services, Inc., herein referred to as Envirotech. WITNESSETH: WHEREAS, the City wishes to purchase the services of Envirotech; and WHEREAS, there are funds available for the purchase of these services. NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the City and Envirotech agree as follows: TERMS AND COST OF THE AGREEMENT Envirotech agrees to conduct Asbestos,. Lead-Based Paint and Hazardous Materials Abatement, as described in Exhibit A, of the property listed in Exhibit B. Work shall be completed within 30 days of written authorization by the City to commence work. The total cost of this Agreement shall not exceed $30,250. All reports, memos, and other data produced by Envirotech become the property of the City. 2. PAYMENT FOR SERVICES Invoices may be submitted monthly. Payment for services shall be made directly to Envirotech by check. Invoices shall be of sufficient detail for the City to determine the activity and personnel for which payment is being made. Payment shall be made within 30 days of receipt of an invoice by the City. 3. INDEPENDENT CONTRACTOR Envirotech shall select the means, method, and manner of performing the services herein in consultation with the City. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between Envirotech and the City or as constituting Envirotech as the agent, representative, or employee of the City for any purpose or in any manner whatsoever Envirotech is to be and shall remain an independent contractor with respect to all services performed under this Agreement. Envirotech 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 Envirotech or other persons while engaged in the performance of any work or services required by this Agreement shall have no contractual relationship with the City, and shall not be considered employees of the City. Any and all claims that mayor might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on 011304Abate behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against Envirotech, its officers, agents, contractors, or employees shall in no way be the responsibility of the City. Envirotech shall defend, indemnify, and hold the City, its officers, agents, and employees harmless 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 City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers' compensation, unemployment insurance, disability, severance pay, and PERA. 4. NONDISCRIMINATION No person shall be excluded from or denied the benefits of any service performance or contemplated under the terms of this Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status, public assistance status, ex- offender status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. Envirotech shall (1) furnish all information and reports which may be required by the City's Affirmative Action Policy, and (2) it shall comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting (See Exhibit B). 5. INDEMNITY AND INSURANCE Envirotech agrees to defend, indemnify, and hold the City, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including reasonable attorney, fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of Envirotech its agents, employees, or assignees in performance of the services provided by this contract, and against all toss by reason of the failure of Envirotech to fully .perform in any respect, all obligations under this contract. 6. DATA PRIVACY Envirotech agrees to abide by all applicable State and Federal laws and regulations concerning the handling and disclosure of private and confidential information concerning individuals and/or data including but not limited to information made non-public by such laws or regulations. Envirotech shall maintain all reports submitted to him on behalf of City as confidential until released by counsel for the City. 7. RECORDS -AVAILABILITY Envirotech agrees that the City, the State 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 Envirotech and involve transactions relating to this Agreement. Records shall be retained for three years from date of final payment with respect to the project. 8. NON-ASSIGNMENT Envirotech shall not assign, subcontract, transfer, or pledge this contract and/or the services to be performed hereunder, whether in whole or in part, without the prior written consent of the City. 9. MERGER AND MODIFICATION a. It is understood and agreed that the entire Agreement between the parties is contained herein and that 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. b. Any material 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. 10. DEFAULT AND CANCELLATION a. If Envirotech 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 default is excused, the City, may upon written notice, immediately cancel the Agreement in its entirety. b. The City'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. c. This Agreement may be canceled without cause by either party upon twenty (20) days written notice. 11. CONTRACT ADMINISTRATION In order to coordinate the services of Envirotech with the activities of the City so as to accomplish the purposes of this contract, John Stark shall manage this contract on behalf of the City. 12. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement shall be in writing. Notices shall be sent as follows: City of Richfield Attn: John Stark Community Development Department City Hall 6700 Portland Avenue South Richfield, MN 55423 Envirotech having signed this contract and the proper City officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. CITY OF RICHFIELD STATE OF MINNESOTA City Manager STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2003, by Samantha Orduno, the City Manager, of the City of Richfield, Minnesota, a municipal corporation under the laws of Minnesota, on behalf of the City. Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this 2003., by ,the a corporation under the laws of Minnesota, on behalf of the corporation. day of of Envirotech, Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) H:CdAdmin:Agreeements:Professional Service Agmt - aptabatement.doc EXHIBIT A WORK TO BE PROVIDED BY Envirotech See attached technical specifications prepared by Peer Engineering, dated November 26, 2003. TECHNICAL SPECIFICATIONS ASBESTOS, LEAD-BASED PAINT AND HAZARDOUS MATERIALS ABATEMENT STRUCTURES TARGETED FOR DEMOLITION 6412 CEDAR AVENUE SOUTH 6444 CEDAR AVENUE SOUTH Prepared for: City of Richfield November 26, 2003 TECHNICAL SPECIFICATIONS ASBESTOS, LEAD-BASED PAINT AND HAZARDOUS MATERIALS ABATEMENT STRUCTURES TARGETED FOR DEMOLITION 6412 CEDAR AVENUE SOUTH 6444 CEDAR AVENUE SOUTH NOVEMBER 26, 2003 Prepared for: City of Richfield 6700 Portland Avenue South Richfield, Minnesota 55423 Prepared by: Peer Engineering, Inc. 4801 West 81St Street, Suite 118 Bloomington, Minnesota 55437 (952) 831-3341 Peer File #13027 © Peer Engineering, Inc., 2003 TABLE OF CONTENTS SECTION 1-GENERAL REQUIREMENTS ...................................................................................1 1.01 PROJECT LOCATION .................................................................................................. .1 1.02 GENERAL WORK DESCRIPTION .............................................................................. .1 1.03 PROJECT SCHEDULE AND SEQUENCING ...............................................................2 1.04 CONTRACT LIMITS ......................................................................................................2 1.05 CODES AND REGULATIONS ......................................................................................2 1.06 PERMITS, FEES, PATENTS ..........................................................................................4 1.07 CONTINGENCY PLAN ................................................................................................. 4 1.08 PRE-WORK SUBMITTALS ........................................................................................... 4 1.09 SUBMITTALS DURING WORK ................................................................................... 6 1.10 TEMPORARY FACILITIES AND CONTROLS ........................................................... 6 1.11 PROJECT CLOSEOUT ................................................................................................... 7 SECTION 2 -ASBESTOS ABATEMENT ......................................................................................... 1 2.01 SITE WORK .................................................................................................................... 1 SECTION 3 -LEAD-BASED PAINT ABATEMENT ...................................................................... 1 3.01 SITE WORK -GENERAL .............................................................................................. 1 3.02 ABATEMENT ................................................................................................................. 1 3.03 TRANSPORT AND OFF-SITE DISPOSITION ............................................................. 1 SECTION 4 -HAZARDOUS MATERIALS REMOVAL ................................................................. 1 4.01 GENERAL ....................................................................................................................... 1 4.02 FLUORESCENT LIGHT BALLASTS ........................................................................... 1 4.03 FLUORESCENT LAMPS ............................................................................................... 1 4.04 MERCURY SWITCHES AND COMPONENTS ........................................................... 1 4.05 REFRIGERANT COMPONENTS ..................................................................................2 4.06 OTHER IDENTIFIED MATERIALS .............................................................................2 4.07 TRANSPORT AND OFF-SITE DISPOSITION .............................................................2 Attachment 1-Hazardous Material Inventory Summary Forms QUOTE FORM QUOTE FOR: Asbestos, Lead-Based Paint and Hazardous Materials Abatement Structures Targeted for Demolition 6412 and 6444 Cedar Avenue South Richfield, Minnesota DUE DATE: December 15, 2003 - 4:00 p.m. local time SUBMIT QUOTE TO: Peer Engineering, Inc. Attn: Kenneth Larsen 4801 West 81St Street, Suite 118 Bloomington, Minnesota 55437 The undersigned has examined the Technical Specifications, is familiar with the Site and location of the project, the nature of the Work and local conditions affecting the cost of the Work, and hereby proposes to furnish all labor, materials, and equipment required for the completion of the Work described in the Technical Specifications for the following prices: 1. Mobilization and Demobilization $ lump sum 2. Abatement Work - 6412 Cedar Avenue South $ lump sum 3. Abatement Work - 6444 Cedar Avenue South $ lump sum Total Quote (Sum of Lines 1 through 3 above) $ Quote Form Page 2 It is understood by the undersigned that the right is reserved by OWNER to reject any or all quotes and to waive irregularities and informalities in order to serve the best interests of the OWNER and that this quote may not be withdrawn until ninety (90) days after the date of opening. It is understood that if accepted by OWNER, this Quote becomes a part of the Contract Documents upon the signing of an Agreement by the OWNER and the selected Contractor. Respectfully submitted, Firm: By: Title: Date: Address: Telephone: State Contractor License Number: Acknowledges receipt of addenda (write in each addenda received): SECTION 1 -GENERAL REQUIREMENTS 1.01 PROJECT LOCATION The project is located at 6412 and 6444 Cedar Avenue South in Richfield, Minnesota. Two 19-unit apartment buildings occupy the properties. The project includes required asbestos, lead-based paint and hazardous materials abatement at the two properties to prepare the buildings for future demolition. 1.02 GENERAL WORK DESCRIPTION A. For purposes of these Technical Specifications, the term "Owner" is defined as the City of Richfield. B. A Hazardous Material Inventory was previously completed for each of the two properties. The results were presented in separate reports prepared by Peer dated November 14, 2003. The work performed as part of the hazardous materials inventories was completed to meet the following objectives: 1. Identify friable and non-friable asbestos-containing materials (ACM) at the property as defined by the Environmental Protection Agency (EPA), Minnesota Pollution Control Agency (MPCA), and the Minnesota Department of Health (MDH). 2. Identify regulated ACM (friable or non-friable) at the properties that could become friable during demolition activities, and according to current State and Federal regulations, would require abatement prior to initiating demolition activities. 3. Inventory potentially hazardous materials that should be removed and properly disposed prior to initiating demolition activities. 4. Identify surfaces that contain lead-based paint in poor condition that should be stabilized prior to initiating demolition activities. The ACM, lead-based paint and/or hazardous materials that were identified at the properties are summarized in the Hazardous Materials Inventory Summary Forms included in Attachment 1. Section 1 -General Requirements Page 1 C. The two buildings are targeted for demolition in preparation for future development by the City of Richfield. These specifications address the complete removal and disposition of the ACM, lead-based paint and/or hazardous materials as indicated on the Hazardous Materials Inventory Summary Forms included as Attachment L D. The work included in this specification includes the furnishing of all labor, materials, appliances, and services required and necessary for the prompt and satisfactory completion of the ACM, lead-based paint and/or hazardous materials abatement work identified in Attachment 1. E. Contractor shall provide lump sum costs for completing the required abatement work on the Quote Form included with these Technical Specifications. Contractor shall factor all necessary costs associated with removing the identified ACM, lead-based paint and/or hazardous materials. No additional compensation will be allowed for removal of identified ACM and other materials addressed by these specifications. F. The Contractor will be required to attend apre-bid walkthrough of the properties to confirm the quantities of ACM, lead-based paint and/or hazardous materials requiring removal, and to observe the location and accessibility of the respective materials. G. The targeted structures are locked at all times. Owner or Owner's Representative will provide access to the structures as necessary during the period of this contract. 1.03 PROJECT SCHEDULE AND SEQUENCING Upon Contract acceptance and authorization, the Contractor should complete the specified Work within 30 days of their notice to proceed. 1.04 CONTRACT LIMITS A. All work shall be conducted at the two referenced properties. B. Hours of operation and workdays available to the Contractor shall be limited to those described in the contract to be furnished by the City of Richfield. 1.05 CODES AND REGULATIONS A. References are made in these specifications to published Standards and Specifications of Manufacturers, Societies, Associations, Codes and other Standards. Section 1 -General Requirements Page 2 B. Where conflict occurs between referenced documents, the document containing most stringent requirements governs. C. Where referenced documents are not specified by date, the current document published as of the date set for receipt of the Contractor's Quote for the project applies. D. Materials, application, tests specified by reference to published standards of a Society, Association, Code or other Published Standard are included in these Technical Specifications as if written in their entirety. E. Applicable Publications 1. Code of Federal Regulations (CFR) Publications: a. OSHA -Occupational Safety and Health Administration 1) 29 CFR 1910.1001 General Industry Safety and Health Standards 2) 29 CFR 1926.1101 Construction (August 10, 1994) 3) 29 CFR 1910.134 Respiratory Protection 4) 29 CFR 1910.145 Specifications for Accident Prevention Signs and Tags 5) 29 CFR 1926.59 Hazard Communication Standard b. EPA -Environmental Protection Agency 1) 40 CFR 61 National Emission Standard for Hazardous Air Pollutants (NESHAPS) Subpart A: General Provisions 2) 40 CFR 61 NESHAPS Subpart M: National Emission Standard for Asbestos 2. American National Standard Institute (ANSI) Publications: a. Z9.2-79 Fundamentals Governing the Design and Operations of Local Exhaust Systems b. 288.2-80 Practices for Respiratory Protection National Institute for Occupational Safety and Health (NIOSH) Revised Recommended Asbestos Standard. 3. Environmental Protection Agency a. 560/5-85-024 Guidance for Controlling June 1985 Asbestos Containing Materials in Buildings b. 40 CFR Part 61 National Emission Standards for Hazardous Air Pollutants, Subparts A and M. 4. Minnesota Asbestos Statute effective September 19, 1988. Section 1 -General Requirements Page 3 1.06 PERMITS, FEES, PATENTS A. Contractor shall pay for all Permits required by the City and any other Governmental Agencies having jurisdiction. Contractor shall make application, obtain and be responsible for posting at job site. B. Contractor shall establish location of disposal sites and include costs for disposal. C. Contractor shall be responsible for maintaining all licenses as pertains to this project. D. The MDH and MPCA notification and project fee requirements will apply. 1.07 CONTINGENCY PLAN A. Contractor shall prepare a Contingency Plan for emergencies including fire, accident, power failure, differential pressure system failure, supplied air system failure or any other event that may require modification or abridgment of decontamination or work area isolation procedures. Include in the plan specific procedures for decontamination or work area isolation. Note that nothing in this specification should impede safe exiting or provisions for adequate medical attention in the event of an emergency. B. Contractor shall post telephone numbers and locations of emergency services including but not limited to fire, ambulance, doctor, hospital, police, power company, telephone company. 1.08 PRE-WORK SUBMITTALS A. Governmental Regulations 1. Prior to commencement of work, Contractor shall furnish documentation that the firm and its employees are familiar with the following regulations of OSHA and the EPA relating to the application, removal, disposal and treatment of asbestos: a. OSHA regulations, Section 1926.1101. b. EPA regulations, Subparts A and M of 40 CFR Part 61, National Emission Standards for Hazardous Air Pollutants (NESHAPS). c. Minnesota Asbestos Abatement Rules. Section 1 -General Requirements Page 4 2. Prior to commencement of work, Contractor shall furnish proof that all employees have been instructed in the use of respirators and other protection equipment; required use of decontamination facilities and procedures; and dangers of asbestos exposure. Identify foreman including name, professional background, training received and specific experience. Provide worker releases and medical certificates. B. Product Data 1. Prior to commencement of work, Contractor shall provide MSDS (Material Safety Data Sheets) or all materials to be used on the project such as encapsulant, mastic removers, etc., as well as specification information on all equipment to be used on the project. C. Abatement Specific 1. The Contractor shall prepare a Work Plan describing the procedures to be used to complete the asbestos abatement work. The Work Plan shall meet the requirements of the MDH 12-point plan and shall include the following at a minimum: a. Description of work practices to be observed by employees b. Description of methods to be used to abate the various types of identified ACM c. Details concerning proposed use of HEPA-filtered ventilation systems d. Description of the air monitoring plan for obtaining Final Clearance Samples e. Identification of landfill to be used for disposal of asbestos wastes f. Methods of transporting asbestos waste to targeted landfill The Work Plan shall be consistent in all respects with these Technical Specifications. 2. The Contingency Plan described in Section 1.07 shall be submitted to the Owner's Representative. D. Name and qualifications of Contractor's air sampling personnel and testing laboratory used for area and OSHA compliance monitoring. E. Name, experience and training of person to be Site Supervisor of the project. Provide evidence person is accredited as an Asbestos Abatement Supervisor. F. Project schedule. Section 1 -General Requirements Page 5 G. Copy of Contractor's current Minnesota Asbestos Abatement Contractor License. H. Copy of the project permit issued by the MDH. 1.09 SUBMITTALS DURING WORK The Contractor shall submit copies of the following items, when requested: A. Security Logs: Security and safety logs showing names of the persons entering the workspace, date and time of entry and exit, record of any accident, emergency evacuations, and any other safety and/or health incident. B. Disposal Certificates. Copies of all .transport manifests, trip tickets, and disposal receipts for all asbestos waste removed from the work area during the abatement process. C. Required Permits, Clearance, Licenses, and other submissions required by these Technical Specifications. D. Daily work reports on all abatement activities by the Contractor. Such reports shall include mention of all matters necessary to be accomplished in order to assure the satisfactory completion of all asbestos abatement work. E. Logs documenting filter changes on respirators, HEPA vacuums, negative pressure ventilation systems and other engineering controls. F. Results of air sampling data collected during the course of abatement including compliance air monitoring (to be posted at site within 48 hours of sample collection). 1.10 TEMPORARY FACILITIES AND CONTROLS A. Water 1. The Contractor must assume that water service to the structures will not be available. The Contractor is responsible for transporting and storing water for abatement purposes. 2. The Contractor shall also provide water for decontamination unit showers, if required. Section 1 -General Requirements Page 6 B. Electricity 1. The Contractor must assume that utility electrical service will not be available to the work site. The Contractor is responsible for providing the electrical power generating equipment required to complete the agreed upon work. 2. The Contractor is responsible for implementing electrical power safety requirements in accordance with OSHA and the National Electrical Code for Wet Environment (all protected by GFCI's). C. First Aid 1. Contractor shall provide and maintain a basic First-Aid Kit for use by all project workers. D. Weather Protection 1. Contractor shall provide protection against weather necessary to maintain all materials, apparatus, fixtures and other work free from damage whether in shipment, storage or in- place. E. Telephone 1. Contractor will have a portable (cellular) phone at job site. F. Sanitary Facilities 1. Sanitary facilities are not readily available at the job site. The Contractor must provide portable, self-contained toilets. 1.11 PROJECT CLOSEOUT A. Cleaning Up 1. The Contractor shall keep premises free of accumulation of surplus materials and rubbish resulting from operations and operations of Subcontractors. 2. Accomplish rubbish removal daily. Keep interior of structures free at all times of unattended combustible rubbish. 3. Remove all tools, equipment, scaffolding and temporary facilities immediately when no longer required for execution of the work. Section 1 -General Requirements Page 7 B. Inspections Final Completion: All work shall be complete when written notice requesting final inspection is submitted to the owner representative. END OF SECTION 1 Section 1 -General Requirements Page 8 SECTION 2 -ASBESTOS ABATEMENT 2.01 SITE WORK The Contractor will conduct the following. activities associated with the abatement of identified asbestos-containing materials (ACM) in accordance with current State and Federal regulations and standards: • Licenses, permits and notifications. • Work azea preparation. • Medical monitoring. • Personnel protection. • Removal of ACM. • Decontamination. • Air monitoring. • Handling and disposal of asbestos waste. The identified ACM or assumed ACM at each property is described in the Hazazdous Materials Inventory Summary Forms included in Attachment 1. The Contractor shall assume full responsibility and liability for the compliance with all- applicable Federal, State, and local regulations, and standards pertaining to work practices, hauling and disposal of ACM, and protection of workers, visitors to the site, and persons occupying azeas adjacent to the site. The Contractor is responsible for providing medical examination and maintaining medical records of personnel as required by the applicable Federal, State, and local regulations. END OF SECTION 2 Section 2 -Asbestos Abatement Page 1 SECTION 3 -LEAD-BASED PAINT ABATEMENT 3.01 SITE WORK -GENERAL A. The lead paint abatement Contractor shall have all necessary licenses, completed all necessary training courses, shall provide all necessary notifications to relevant Federal, State and Local authorities and obtain and comply with the provisions of all permits necessary to complete the work. Costs for these permits are considered incidental to the overall project cost and shall be included within the quoted price. B. The Contractor shall be responsible for providing and using all necessary personal protective equipment (PPE), including but not limited to, respiratory protection and protective clothing. C. The Contractor shall ensure proper usage of PPE during completion of the work. D. The Contractor shall comply with all applicable federal, state and local laws and regulations while completing the work. 3.02 ABATEMENT A. Lead-based paint to be addressed at the properties is identified in the Hazardous Materials Inventory Summary Forms included in Attachment 1. Any surfaces with any lead-based paint remaining on them will require abatement of loose, flaking, or delaminating paint. B. All paint removal shall be completed in accordance with OSHA Standard 29 CFR 1926.62 ("Lead Exposure in Construction"). C. Upon completion of the work in an area, any remaining paint shall be intact with the wood substrate and no loose, flaking or delaminating paint shall remain on its surface. 3.03 TRANSPORT AND OFF-SITE DISPOSITION A. Contractor shall collect samples of the paint residuals requiring disposal for analytical testing by a qualified laboratory. The analytic testing of the samples shall include analyses required for acceptance by the selected disposal facility. Analyses shall, at a minimum, include Lead by the Toxicity Characteristic Leaching Procedure (TCLP). Contractor shall provide copies of all testing results to the Owner's Representative and to the selected disposal facility. Contractor shall factor in all costs related to completing the required sampling and analytical testing into their quote. Section 3 -Lead-Based Paint Abatement Page 1 B. Contractor shall notify the Owner's Representative prior to initiating loading, transportation and off-site disposition activities for the materials removed under these specifications. C. Contractor shall comply with applicable federal, state, and local regulations concerning transport and disposal of materials. END OF SECTION 3 Section 3 -Lead-Based Paint Abatement Page 2 SECTION 4 -HAZARDOUS MATERIALS REMOVAL 4.01 GENERAL Hazardous, or potentially hazardous, materials and equipment identified at the properties are listed in the Hazardous Materials Inventory Summary Forms included in Attachment 1. 4.02 FLUORESCENT LIGHT BALLASTS A. All fluorescent light fixture ballasts located within the structures are assumed to be manufactured prior to 1978 and may contain PCBs. B. Contractor shall remove and dispose of the ballasts from all fluorescent light fixtures located within the structures. C. Unless the ballast has a "No PCBs" label, Contractor shall assume the ballasts contain PCBs and shall containerize and dispose of the ballasts as a hazardous waste. D. Any ballasts with a "No PCBs" label may be segregated and disposed of by Contractor as anon-hazardous solid waste, as appropriate. All ballasts with a "No PCBs" label require removal and disposal by Contractor. E. Contractor shall arrange for packaging, labeling, pickup, transport and disposal of the removed ballasts at a permitted disposal facility. 4.03 FLUORESCENT LAMPS A. The fluorescent lamps identified in the light fixtures shall be removed and recycled by Contractor. B. Contractor shall utilize a qualified recycling facility for this work. C. Contractor shall arrange for packaging, labeling, pickup, transport and recycling of the fluorescent lamps at the selected facility. 4.04 MERCURY SWITCHES AND COMPONENTS A. The identified mercury switches and components shall be removed and recycled by Contractor. B. The mercury-containing portion of the switches and components shall be removed intact. Contractor shall utilize care to ensure that breakage of the components does not occur. Section 4 -Hazardous Materials Removal Page 1 C. Contractor shall identify and utilize a qualified recycling facility for this work. D. Contractor shall arrange for packaging, labeling, pickup, transport and recycling of the mercury switches and components at the selected facility. 4.05 REFRIGERANT COMPONENTS A. Man-made refrigerants such as chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs) must not be released into the atmosphere. B. These refrigerants must be recovered by technicians certified by an EPA- approved program using proper refrigerant recovery equipment. 4.06 OTHER IDENTIFIED MATERIALS A. Contractor shall address all other items potentially containing hazardous substances as identified in Attachment 1. B. Contractors shall remove the identified material, affected component, or entire appliance for off-site disposal or recycling, as appropriate. C. If required by the end facility, Contractor shall complete any sampling and laboratory testing of potentially hazardous materials requiring off-site disposition for this project. 4.07 TRANSPORT AND OFF-SITE DISPOSITION A. Contractor shall comply with applicable federal, state, and local regulations concerning shipping materials. B. Contractor shall secure materials in transport vehicles/containers in accordance with regulations governing transportation of these materials. C. If required by the end facility, Contractor shall complete any sampling and laboratory testing of potentially hazardous materials requiring off-site disposition for this project. D. Contractor shall provide and prepare manifests as required for the transport and disposal of the removed materials. Shipping manifests shall be of a form acceptable to the State of Minnesota and the state to which the material is destined. The Contractor shall completely and properly prepare the manifests. The Owner or an authorized agent of the Owner will sign all manifests. Section 4 -Hazardous Materials Removal Page 2 E. Contractor shall transport materials for off-site disposition as follows: 1. Transport material removed from the Site directly to the .selected disposal or recycling facility. 2. Comply with applicable requirements of regulatory publications including, but not limited to 49 CFR 171, 49 CFR 172, 49 CFR 173, 49 CFR 174, 49 CFR 176, and 49 CFR 177. 3. Mark and placard shipments in accordance with DOT, 40 CFR 262, and 40 CFR 279 requirements. 4. Employ transport vehicle operators trained in conformance with federal, state and local regulations for hazardous materials haulers. F. Contractor requirements for off-site disposition are as follows: 1. Dispose or recycle materials handled under these specifications at licensed or permitted facilities. 2. Storage, treatment and disposal facilities used for hazardous wastes shall at a minimum have all appropriate permit(s) and operating license(s) as required by all local, state and federal agencies governing such facilities for the specific wastes to be stored, treated, or disposed of under this contract. 3. Facilities accepting hazardous or TSCA-regulated wastes from the site shall have a current, valid hazardous waste facility permit from EPA or the respective state where located, and shall meet or exceed the requirements of the federal regulations governing the respective disposal facilities. 4. Facilities accepting solid waste from the site shall have a current, valid solid waste facility permit from the respective state where located and shall meet or exceed the requirements of the federal regulations governing solid waste disposal facilities. 5. Disposal and recycling facilities selected by the Contractor are subject to approval by the Owner. END OF SECTION 4 Section 4 -Hazardous Materials Removal Page 3 ATTACHMENT 1 HAZARDOUS MATERIALS INVENTORY SUMMARY FORMS - 6412 CEDAR AVENUE SOUTH - 6444 CEDAR AVENUE SOUTH EXHIBIT B PROPERTY TO BE ABATED City Parcel Property Address PID Number 4A .6412 Cedar Ave S 26-028-24-14-0066 5A 6444 Cedar Ave S 26-028-24-14-0065 AGENDA SECTION: COHSBNT AGENDA ITEM # 6F REPORT # 6 STAFF REPORT CITY COUNCIL MEETING JANUARY 13, 2004 REPORT PREPARED BY: KATHY FARRIS, HUMAN SERVICES PLANNER/COORDINATOR NAME, TITLE COUNCIL PRESENTER: NAME, TITLE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: I, Consideration of the attached resolution approving the 2004 Social Service agency funding recommendations and authorizing the City Manager to execute agreements for service with those agencies funded by the City. I. RECOMMENDED ACTION: By motion: Approve the attached resolution providing funding amounts of certain human service agencies in the recommended amounts for 2004. III. BACKGROUND ~ A review committee has been formed comprised of the Richfield Community Human Services Planning Council (RCHSPC). This committee serves as the review and recommending group for City Social Service Funds. The following process was used in making. funding recommendations: • The RCHSPC established the following priority areas for funding consideration: 1) services for frail elderly persons; 2) services for physically and/or mentally disabled persons; 3) services for families and children at risk; 4) housing services for low- income persons. • An announcement was made soliciting funding proposals for service in the Richfield Sun. Applications were sent to prospective agencies. • The Grant Review Committee met on November 24 to review proposals from the applicant agencies and make recommendations for funding. 0113socialservicefunding The Grant Review Committee recommends $93,570 of City Other Agency Division funds be allocated to the following agencies in the amounts indicated for 2004: Agency 2002 2003 2004 Actual Actual Recommended Cornerstone $10,000. $12,500 $12,500 Family & Children's Service 15,000 14,000 12,000 Fraser - - 0 Oak Grove Lutheran-SAFE 6,200 6,700 6,500 Augsburg Library/RF Schools 2,000 2,000 2,000 Senior Community Services 9,021 9,000 9,000 The Storefront Group 45,349 34,870 35,000 VEAP 5,000 13,000 15,070 Youth Net 1, 000 1, 500 1, 500 TOTAL $93,570 $93,570 $93,570 III. BASIS OF RECOMMENDATION A. POLICY • All funding recommendations meet the priorities established for 2004 as indicated above (see attached "Guidelines and Instructions for 2004 Funding Assistance" and "2004 Application for Funding Assistance"). • Agencies recommended for funding have met review criteria in the areas of service need and program management (see attached "Guidelines and Instructions for 2004 Funding Assistance" and "2004 Application for Funding Assistance"). • Agencies recommended for funding have stated service outcomes and have established methods for evaluating service results. Agencies recommended for funding are receptive to collaboration and several participate in FamiLink and the Richfield Community Council. B. CRITICAL ISSUES • Services are to be provided in calendar year 2004. C. FINANCIAL • Recommendations are based on the unallocated portion ($93,570) of the 2004 Other Agencies Division Budget, 10105. A City Council/Administration 2004 allocation of $22,190 of this budget is designated for the Hennepin South Services Collaborative for research, planning and coordination functions. D. LEGAL • Agencies awarded funding will be required to sign a service agreement. IV. ALTERNATIVE RECOMMENDATION~S~ • Recommendation in regards to funding are advisory. Final determination is subject to Council approval. Council has the discretion to revise amounts. V. ATTACPIMENTS • Resolution • Descriptions of Proposed Services • Guidelines and Instructions for 2004 Funding Assistance • 2004 Application for Funding Assistance • 2003 RCHSPC Members VI. PRINCIPAL PARTIES EXPECTED AT MEETING • John Bjostad, Chair, RCHSPC RESOLUTION NO. A RESOLUTION APPROVING THE 2004 SOCIAL SERVICE AGENCY FUNDING RECOMMENDATIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS FOR SERVICE WITH THOSE AGENCIES FUNDED BY THE CITY WHEREAS, a review committee has been formed comprised of the Richfield Community Human Services Planning Council (RCHSPC) members to serve as the review and recommending group for City Social Service Funds; and WHEREAS, this committee reviewed applications from human service agencies for City Social Service Funds. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Richfield that the funds be allocated as follows: Cornerstone -Criminal Justice Intervention Family & Children's Service Fraser Oak Grove Church-Support & Housing Assistance for Families Enduring Hardships Richfield Community Education/Augsburg Library-Technology Outreach to Latino Families Senior Community Services -Senior Outreach Program The Storefront Group -Youth Counseling Program VEAP YouthNet TOTAL 12,500 12, 000 0 6, 500 2, 000 9,000 35, 000 15, 070 1, 500 $93,570 BE IT FURTHER RESOLVED that the City Manager be authorized to execute contractual agreements with the above-named agencies summarizing services to be provided to Richfield residents. Passed by the City Council of the City of Richfield, Minnesota this 13th day of January, 2004. Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk. W V Z Q F- C9 Z D Z W U w J U Z 0 V Z W Q W L2 r O 0 V O 0 N V a 2 U N ~+ Q ~L V N d O .~ N ' Z W Z ~ O ~ OQ W ~ o° ~n 'N r Efl~ °o a N r- i ° o° ~n CO °o o N ~ °o 0 ~ ~ i °o ° 0 ~ o ~ i~ M ~- °o ~.n r ~n M Q~ FF? o -o ~ ~ ~ ~~ ~ I ~ c~ ~ - o ~ a~ o o~ ~~~ ~ a~ ~"= ~ ~•~ ~ o'~ . ~~ Qw ' ~ ~ ~ ~ ~ ~ Q C C ~ ~ ~ 'O' ~ ~ ~ E ~ ~ ~ =°~ ~ ~ u'_oUa~ _ ~3 ~o °~ N E ~ ~ ~ ~~o~ ~ 7 ~ (3 c ~ .c ~ N I- ' ~ ,_ N ~ ~ ~ '~ 7 ~ I O ' _ _?' N ~. i~ ~ ~ i ~ to -p N ~ ~ `~~ Q T C~ ~. ~ ~ C L ~ ~. ~ : ~ (n ` - (~ ~ L ~ L (~ ~ ' O `'a ~ N L O~ o O **J O ~ ~ ~ N (0 ~ ~ I> O W c ~ - O c ti ~ -p ~ N .~ 'p ~ ~ W N O ~ ~ ~~ ~ ~ ~ Q~ cn ~ . ~ p U ;~ O C 3 ~ '~ U i~ O~~ = ~ 3 O O Q ~_ ~ ~~ V ~ E N , p I C N ~ , .r,- N I~ Q ~~ 4--~ ~ ~ ~ ~ ' ~O E ~ U ~ = ~~ ~ ~ ~ L N ~ ~ ~ U ~ O ~ _ ~ ~ O ~ L ~ ~ ~ _ O (B ~ L ..-. ~ ~ ~ N N .~ ++ L >_ C ~ _C > d? ~ i C ~ ~ O ~ ~ ~ ~ ~ •+ ~+ L 3 O ~ Z _U _v ' ~ cB L ~ O~ ~ N cn ~ ~ ~ ~ O ~ N U f0 c ~ -p ~ -O . O ~ ~ p 4'~- L O 'C O ~ . 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L .~ a ~ ~ L ca ~ N -O ~ ~ ~ ~ v, (n i ~. ~ ~ ~ ~ ~ L ~ ~ ~ p ~ U O L C ' ~ N fB ~ O ~ O_ ~~~ pI p O _ _ p U I ~ ~~ ~ ~ j i ~ _C o c u i ~ Q ~ ~ ~ ~ ~ N Q.> ~ p cn O O O 'N O ~ _ N ~ C C ~' O ~~ L O N O ~ v 0 ~ ~ ~ p p ~ ` ~. ~ ~~ N -p O -L C O i ~ ~ O ~- ~ ~ O ~ ~ O ~ ~ ~ c ~ O N U ~ ~ O U LE O O ~ N~ c6 to _~ c ~ C p ~ N y~+ ~ O i O 3 N , Q U O O i N ca - .~ Q ~~ O ~ a~ ~ N N> N ~ O ; N ~ a~ N ~ N N ~ O .~ a~ ~ ._ `~ C N O o ~ Q- ~ N > ~ ~ ~ _ >- U ~> p (B ~_. ~ ~ r- > C > N > ~, > O O ~ ~~ N ,fn i N ~ ~ ~ a a ~ ~ ~ ~~ ~ O ~ .~ a~; 0' ~ ~ ~ U ' ~ -o ~ ~ U C a .E m ~ ~ ~ O a ~ ~ ~ ~I ~ y o' N ~ O N•"= Q ca c~ ~ 3'I i L O , ~+ ^` U W 1 ~ can 1 (~ ~ ~ ~ Q- ~ ~ ~ J "~ ~ I `n ~ ~ _ ~ i O ~ U QJ U t_ ~ ~ ~ cn Y J i ~ ~ ~ O ! }- ~ cn ~ U ~ ~ ~~ CQ= ~ p)U (~ ~ j ~ O C~ U O ~ ~ ~ ~ . ~ cn ~. ~ ~ (~ rn ~' Q a -_~ J o-o E ~O ~ `~ ca c~ ~o ~=~ oQ~ ~~ ~° ~W ~ ' c"nc ~~ ~ or~; ° ' ~o w UO o a' o I I ~ o >,.~_ ~ I CS ° - I Q - ;~ ~ ~ •~ U `o _o ~ N C c °-' Q ~ .,_, Q i _O C~ ~ ~ Q C ~ =~ ca U O V E .- ~ N fa r ~ ~ ~ N~ ~ ~ O ~ O O O I ~ ~ O H O U ~ ~ ~i ~ O cn ~ , ~ W I- ~ cry cn F- U > ~ ?+ >- ~ ~ _ _ CITY OF RICHFIELD GUIDELINES AND INSTRUCTIONS FOR 2004 FUNDING ASSISTANCE The Richfield Community Human Services Planning Council (RCHSPC) is responsible for setting priorities for City of Richfield Social Service funding and for making recommendations for grant awards. Each year the RCHSPC examines the City Social Service Funding process to determine funding parameters and priority goals for the purpose of making the best use of funds. Funding Parameters • Any non-profit organization is eligible to apply. • Projects must serve Richfield residents. • Because of limited funds, requests made should not cover all expenses of a proposed service. Priority Goals Projects must address at least one of the following priorities: • Services for frail elderly persons • Services for persons with physical and/or mental disabilities • Services for families and children at risk • Housing services for low-income persons Award .Criteria Priority will be giving to proposals that meet the following criteria: • Collaboration with other service providers. • Participation in the Richfield Community Council and South Hennepin Services Collaborative and its related activities. • Efforts to serve cultural/ethnic/racial populations, low-income persons, and persons with physical or mental disabilities. • Demonstrated need of the proposed service for the targeted population based on data, studies, etc. • Capacity to continue the service if future funding is not available from the City of Richfield. CITY OF RICHFIELD GUIDELINES AND INSTRUCTIONS FOR 2003 FUNDING ASSISTANCE Page 2 Application Instructions The attached Application for Funding Assistance must be used in your request for funds. Proposals should: • Include agency and program name and address, and contact person name, title, phone #, fax # and Email address as applicable. • Be typewritten, printed on both sides and include page numbers. • Include the questions along with the responses. • Be as brief, clear and concise as possible. • NOT include expensive binding, brochures, letters of support or materials not asked for in the application. Completed applications plus 12 copies must be submitted by October 22, 2003 to: Kathy Farris Human Services Planner/Coordinator City of Richfield 6700 Portland Avenue Richfield, MN 55423 In addition, if you are able, please email one copy of the completed application to Kfarris(a~ci. richfield. mn. us. The RCHSPC will review applications for social service funds at its November 24, 2003 meeting. Recommendations for fund allocations will be made to the Richfield City Council at its January 13 or 27, 2004 City Council meeting. Agencies awarded social services grants will be required to sign a service agreemenf for calendar year 2004 and submit semi-annual reports on service outcomes. If you have any questions, please contact Kathy Farris at 612-861-9754 (voice), 612- 861-9749 (fax), Kfarris@ci.richfield.mn.us. CITY OF RICHFIELD 2004 APPLICATION FOR FUNDING ASSISTANCE ADMINISTRATION 1. Indicate agency name, address, contact person, and phone/fax/email. 2. Provide a mission statement for your agency. 3. Provide statement of your organization's legal status. 4. Indicate your total agency budget for 2004. 5. Indicate your proposed project budget for 2004. Itemize proposed expenses and describe as applicable. Indicate both proposed City funds and other funds to support the project. PROPOSAL 1. Provide a summary paragraph of the services you propose to provide using City of Richfield Funds. Include the goals of the proposed service and which of the priority areas you are addressing. 2. Indicate the amount of funding requested. If city funds were reduced or not available after 2004, how would you continue to provide these services? 3. Specify the target population(s) you are proposing to serve and how you established the need for the service to this population. 4. Estimate the total number of unduplicated individuals you will serve and what percentage will be Richfield residents. Identify service sites that Richfield residents can access. 5. Describe your efforts to outreach to immigrant and low-income individuals. PROGRAM QUESTIONS 1. Describe admission criteria and process for the proposed service. 2. Explain how clients are involved individually and collectively in the planning process for services. 3. Indicate desired outcomes of your service and describe methods of evaluating and measuring client progress (use attached "Proposed Outcome/Evaluation Methods" form). 4. Describe methods used for evaluating client satisfaction and provide recent results. 5. Describe termination criteria. COLLABORATION EFFORTS 1. Are you a partner in the Richfield Community Council, South Hennepin Family Service Collaborative (FamiLink) or the Children's Mental Collaborative? If so, briefly describe your involvement. 2. Describe your efforts to collaborate with other agencies and describe your involvement in developing and participating in these collaborations. 3. Describe any plans to participate in new collaborations. 0 0 N N ~ N ~ O a~ s o ~ a~ ~ G __ O ~ ~ _ ~ 7 ~ LL ~ m ~ ., w ;~ m ~ N o ~~ 00 ~~ 'a ~ ~ o s °' V 0 ~a 0 ~_ U U C O Q .~ E W C O t d O L O O Q. ~L U N '~ N ~L fLf Z 3 0 a~ 0 v 0 -~ m 0 0 Q -, a- `~ ~ ~, ~ ~' ~ O'; ca a > ++ m ~ O O ~ ~ .a ~ O ~ L' ~' ~ ~ ~ O ~ O ~ - ~ ~~ 3 ~ ~' a~ ° o >, ~' m o a' 0 ~ L ~, C C i-~ o ~, ~, ~ U O O ~ ~' ~ ~ ~ L ~' ~ O O O ~ M `L. O O c~4 V ~ ~ N Ai O (~ O ~ ~ ~ ~ ~ Q.;. RICHFIELD COMMUNITY HUMAN SERVICES PLANNING COUNCIL (RCHSPC) 2003 Member List John Bjostad (Chair) Planning Commission 7016 Harriet Ave. Richfield, MN 55423 612-869-5669 Jbjostad(a~mn.rr.com Cindy Dubansky Community Representative 7214 Pleasant Ave. Richfield, MN 55423 612-866-2297 (h) 612-866-2297 (fax) 651-232-6253 (b) Cdubansky~juno.com Beth Fagin Richfield Community Council 6425 Nicollet Ave. Richfield, MN 55423 612-798=8174 612-861-3446 (fax) Bfa in _storefront.org Joan Helmberger HRA Commission 6914 Park Ave. Richfield, MN 55423 612-869-8057 (h) 952-922-6521 (b) Joanhelmberger _yahoo.com Jeanette Lofstrom League of Women Voters 7325 5th Ave. Richfield, MN 55423 612-869-3772 (h) Susan Rosenberg City Council Liaison 6633 Thomas Ave. Richfield, MN 55423 612-866-2683 Rrosenberq~mn.rr.com Marc Boone Human Rights Commission 6738 10th Ave. Richfield, MN 55423 61 Z-861-6983 (h) 952-882-5472 (b) 952-894-0086 (fax) marc.boone(a?farmersinsurance.com Gertrude Ulrich City Council Liaison (Alternate) 7601 Aldrich Ave. Richfield, MN 55423 612-866-8171 Jo Romer Advisory Board on Health 7405 Aldrich Ave. Richfield, MN 55423 612-869-5087 (h) JromermnCa~juno.com Jeanne Salinas Advisory Board on Health 6331 Wentworth Ave. Richfield, MN 55423 612-869-6906 (h) JeanneSalinas(c~msn.com John Garry Executive Director HSSC 9801 Penn Ave. So. Bloomington, MN 55431 952-922-5999 igarry~shfsc.org Lynda Gault Richfield Public Schools 7001 Harriet Ave. So. Richfield, MN 55423 612-798-6000 Iynda.gault(c~richfield.k12.mn.us Linda Slocum (Vice Chair) Communlty SerVICeS Commission 6421 12th Ave. Richfield, MN 55423 612-866-3962 6/03: AGENDA SECTION CONSENT AGENDA ITEM # ( g REPORT # 5 STAFF REPORT CITY COUNCIL MEETING JANUARY 13, 2004 REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASSISTANT Nance, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding Council Member attendance at Council meetings. I. RECOMMENDED ACTION: By Motion: Approve the resolution regarding attendance by Council Members at Council meetings for 2004. III. BACKGROUND ~ Subsection 205.15 of the Richfield City Code establishes an attendance policy for Council Members. The policy requires attendance to be taken at every regular and special meeting of the City Council and provides for the imposition of a monetary penalty for unexcused absence from a Council meeting. The policy may be annually invoked by resolution of the City Council. III. BASIS OF RECOMMENDATION A. POLICY • -The Richfield City Code establishes attendance rules, which may be invoked for any calendar year by Council resolution. Council Members have requested that this matter be placed on the agenda for consideration at the January 13, 2004 meeting. IV. ALTERNATIVE RECOMMENDATION(S~ • Defer action on this item to another Council meeting. 0113attendance V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. RESOLUTION REGARDING ATTENDANCE BY COUNCIL MEMBERS AT COUNCIL MEETINGS WHEREAS, the attendance of Council Members at meetings is one of the most important duties imposed by law on members; and WHEREAS, member presence to participate in hearings, deliberations and decisions of the Council is essential to the proper discharge of the member's official duties; and WHEREAS, recognizing that it is not always possible for a member to be present at all meetings and that by reason of business demands, state of health, personal problems, vacations and other matters, occasional absences are excusable; and WHEREAS, Subsection 205.15 of the Richfield City Code establishes rules for attendance at City Council meetings that may be invoked by resolution of the Council. NOW, THEREFORE, BE IT RESOLVED, by the City of Richfield, Minnesota that the following rules apply to absences of Council Members from meetings during calendar year 2004: 1. This resolution applies to all regular meetings of the Council, as defined in Subsection 205.01 of the Richfield City .Code. This resolution also applies to duly called special business meetings of the Council.. The resolution does not apply to special informational or special ceremonial meetings. Special Council meetings are those called pursuant to Subsection 205.03 of the Richfield City Code. For purposes of this resolution, special meetings are further categorized as: a) Special business meetings. Special business meetings include: Special meetings called to conduct official business of the City where the Council considers action requiring a vote of the City Council; special work study meetings; and special meetings called for the purpose of conducting a public hearing. b) Special informational meetings. Special informational meetings are those called for the City Council to receive information or to participate in discussion but where no official action of the City Council is taken, except that the term does not include special work study meetings or meetings called for the purpose of conducting a public hearing. c) Special ceremonial meetings. Special ceremonial meetings are those called for ceremonial activities but where no official action of the City Council is taken, including ribbon cuttings, community celebrations and similar activities. 2. Any member of the Council desiring to be excused shall insofar as possible, give advance notice to the City Manager stating i) the meeting at which the member will be absent; ii) the member's reason for being absent; and iii) the member's location during the meeting. 3. At the beginning of each regular or special business meeting, the Clerk shall call the roll. If a member is absent, the City Manager shall report any communication from the absent Council Member regarding the reason for absence. The Mayor shall request the Council Members to determine whether the absence is excusable or inexcusable. 4. For each unexcused absence from a regular or special business meeting, the absent member shall be penalized by a fine of $25 and the Mayor, if absent, shall be penalized by a fine of $50. The fine shall be automatically deducted from the next Council Member payment unless otherwise directed by a majority of the City Council Members present. 5. This resolution remains in effect until December 31, 2004 unless revoked prior to that date by resolution of the City Council. This resolution supersedes Resolution No.9287. Adopted by the City Council of the City of Richfield, Minnesota this 13th. day of January, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk i- STAFF REPORT AGENDA SECTION: CONSENT AGENDA ITEM # 6D REPORT # 4 CITY COUNCIL MEETING JANUARY 13, 2004 REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRIS REGIS, FINANCE MANAGER NANrE, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of resolutions designating official depositories for the City of Richfield for 2004, including the approval of collateral. RECOMMENDED ACTION: By Motion: Adopt the attached resolutions designating official depositories, with the understanding that the City could not. invest in any of the depositories beyond the level of insurance coverage of the pledged collateral. II. BACKGROUND N/A III. BASIS OF RECOMMENDATION A. POLICY • In accordance with Minnesota Statutes Section 118A.01 - 118A.06, the City of Richfield must designate financial institutions annually. The institutions must pledge the collateral over and above the amount of federal insurance, as public depositories. C ityDepositories01132004 ~~ • M&I Marshall &Illsley Bank, pledging $1,540,000 of collateral, has fulfilled this requirement and should be considered as a depository for ~ the City's Deputy Registrar, payroll and vendor accounts and all - savings deposits in excess of $100,000. • The City must also designate annually, certain savings and loan associations and banks as official depositories for investment of certain City funds. With approval of these official depositories, the City will be able to invest funds in these institutions, not exceeding the federal insurance of $100,000. • The City must also designate annually, certain credit unions as ofFcial depositories for the deposit of certain City funds. With approval of these depositories, the City will be able to invest funds in these institutions,. not to exceed the federal insurance of $100,000. • Finally, a designation must be made for certain financial institutions as depositories for the investment of City funds for 2004. These institutions, such as investment brokerage firms, offer government securities in the manner required by law. These financial institutions include M&I Marshall &Illsley Bank, Dain Rauscher, Wells Fargo Brokerage Services, Morgan Stanley Dean Witter, Morgan Keegan and N.A. Investment Services, Inc. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • The City is required by Minnesota Statute 118A.01 - 118A.06, to designate as a depository of funds, insured banks or thrift institutions. Any collateral so deposited is accompanied by an assignment pledged to the City in the amount specified in the attached resolutions. IV. ALTERNATIVE RECOMMENDATION(Sl • The City Council could solicit other financial. institutions for official depositories, but past relationships with the depositories recommended have proven satisfactory for the City. ~ V. ATTACHMENTS ~ • Resolution designating M&I Marshall &Illsley Bank a depository of funds of the City of Richfield for the year 2004 and approving collateral. • Resolution designating certain savings and loan associations and banks as depositories for the investment of City funds in 2004. • Resolution designating certain financial institutions as depositories for the investment of City of Richfield funds in 2004.. • Resolution designating Richfield/Bloomington Credit Union as a depository for the deposit of City funds in 2004. ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ • rvone RESOLUTION NO. RESOLUTION DESIGNATING M & I MARSHALL & ILLSLEY BANK A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 2004 AND APPROVING COLLATERAL BE IT RESOLVED, by the City Council of the City of Richfield as follows: That, in accordance with Minnesota Statutes, Section 118A.01- 118A.06, M & I Marshall & Illsley Bank be, and hereby is designated a depository of the funds of the City of Richfield, subject to modification and. revocation at any time by said City, and subject to the following terms and conditions: The said depository shall not be required to give bonds or other securities for such deposits provided that the total sum thereof shall not at any time exceed in any depository the sums for which its deposits are insured under the Acts of Congress of the United States relating to insurance of bank deposits; but that in case such deposits in any such depository shall at any time exceed such insured sum, said depository shall immediately furnish bonds or other security for such excess according to law, approved by the City Council of said City. That said depository shall pay on demand all deposits therein; and shall pay all time deposits, at or after the end of the period for which the same shall be deposited, on demand. BE IT FURTHER RESOLVED, that there shall be maintained a general account in which shall be deposited all monies from the water, sewer, storm sewer, liquor, swimming pool/ice arena, deputy registrar fees, City permits and other deposits not otherwise specifically provided for. The following officers or their facsimile signatures shall sign checks on this account; SAMANTHA ORDUNO, CITY MANAGER STEVEN L. DEVICH, TREASURER BE IT FURTHER RESOLVED, that there shall be a daily interest savings account. All withdrawals from said account will be for transfers to the general checking account. BE IT FURTHER RESOLVED, that collateral in the amount of $1,540,000 is deposited for safekeeping at the Deutsche Bank of Tennessee, is hereby approved. Passed by the City Council of the City of Richfield, Minnesota this 13th day of January, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION DESIGNATING CERTAIN SAVING AND LOAN ASSOCIATIONS AND BANKS AS DEPOSITORIES FOR THE INVESTMENT OF CITY FUNDS IN 2004 BE IT RESOLVED, by the City Council of City of Richfield, Minnesota WHEREAS, pursuant to Minnesota Statutes, Sections 118A.01 - 118A.06, municipal funds may be deposited in any Savings and Loan Association or Bank which has its deposits insured by the Federal Savings and Loan Insurance Corporation (FSLIC) or the Federal Deposit Insurance Corporation (FDIC}, and WHEREAS, the amount of said deposits may not exceed the FSLIC/FDIC insurance covering such deposits which insurance amount is presently $100,000, and WHEREAS, the deposit of City funds in Savings and Loan Associations and Banks would provide greater flexibility in the City's investment program and maximize interest income thereon, and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. It is hereby found and determined that it is in the best interest of the proper management of City funds that various banks be designated as additional depositories for City funds for 2004. 2. It is further found and determined that the purpose of such depository designation is to facilitate the proper and advantageous investments of City funds and that such designation is not exclusive nor does it preclude the deposit of any City funds in other officially designated depositories of the City. 3. The Treasurer and Finance Manager are hereby authorized to deposit City funds in various depositories up to the amount of $100,000, or such other amount as may be subsequently permitted by law, such deposits to be in the form of demand accounts for Public Unit Savings Certificates purchased by the City, payable to the City of Richfield on the signatures of the City Treasurer or Finance Manager. Such deposits may be made and withdrawn from time to time. by the Treasurer or Finance Manager as his best judgment and the interests of the City dictates. 4. The investment of funds and the reporting thereof pursuant to this resolution shall be conducted in accordance with established policies of the City regarding the investment of City funds. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of January, 2004. Martin J. Kirsch, .Mayor - ATTEST: Nancy Gibbs, City Clerk - RESOLUTION NO. RESOLUTION DESIGNATING CERTAIN FINANCIAL INSTITUTIONS AS DEPOSITORIES FOR THE INVESTMENT OF CITY OF RICHFIELD FUNDS IN 2004 WHEREAS, the City of Richfield has money which is available for investment, and WHEREAS, different financial institutions offer different rates of return on investments, and WHEREAS, the City of Richfield shall purchase U. S. Treasury Bills, U. S. Treasury Notes and other such government securities in the manner required by law from the institution offering the highest rate to the City of Richfield providing greater flexibility in the investment program and maximize interest income thereon. NOW, THEREFORE, BE IT RESOLVED, by the City of Richfield, Minnesota, in accordance with Minnesota Statutes, Sections 118A.01 - 118A.06, as follows: 1. It is hereby found and determined that it is in the best interest of the proper management of City of Richfield funds that certain financial institutions be designated as additional depositories for City of Richfield funds for 2004. 2. The following financial institutions designated as depositories for the City of Richfield funds:. Dain Rauscher, Inc. Wells Fargo Brokerage Services N.A. Investment Services, Inc. Morgan Stanley Dean Witter Morgan Keegan 3. The Treasurer and Finance Manager are hereby authorized to deposit the. City of Richfield funds in any or all of the depositories herein designated. Such deposits may be made and withdrawn from time to time by the Treasurer or Finance Manager's judgment and as the interest of the City of Richfield dictates. 4. The investment of funds and the reporting thereof pursuant to this resolution shall be conducted. in accordance with established policies regarding the investment of these funds. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of January, 2004. ATTEST: Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION DESIGNATING RICHFIELD/BLOOMINGTON CREDIT UNION A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 2004 BE IT RESOLVED, by the City Council of the City of Richfield as follows: That, in accordance with Minnesota Statutes, Section 118A.01- 118A.06 Richfield/Bloomington Credit Union be, and hereby is designated a depository of the funds of the City of Richfield, subject to modification and revocation at any time by said City, and subject to the following terms and conditions: The said depository shall not be required to give bonds or other securities for such deposits provided that the total sum thereof shall not at any time exceed in any depository the sums for which its deposits are insured under the Acts of Congress of the United States relating to insurance of bank deposits; but that in case such deposits in any such depository shall at any time exceed such insured sum, said depository shall immediately furnish bonds or other security for such excess according to law, approved by the City Council of said City. That said depository shall pay on demand all deposits therein; and shall pay all time deposits, at or after the end of the period for which the same shall be deposited, on demand. BE IT FURTHER RESOLVED, that there shall be maintained a general account in which shall be deposited all monies from passport application fees and other deposits not otherwise specifically provided for. The following officers or their facsimile signatures shall sign checks on this account; SAMANTHA ORDUNO, CITY MANAGER STEVEN L. DEVICH, TREASURER Passed by the City Council of the City of Richfield, Minnesota this 13th day of January, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 6D REPORT # 4 ~~~. STAFF REPORT n~~...»........... CITY COUNCIL MEETING JANUARY 13, 2004 REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRIS REGIS, FINANCE MANAGER NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of resolutions designating official depositories for the City of Richfield for 2004, including the approval of collateral. RECOMMENDED ACTION: By Motion: Adopt the attached. resolutions designating official depositories, with the understanding that the City could not invest in any of the depositories beyond the level of insurance coverage of the pledged collateral. III. BACKGROUND III. BASIS OF RECOMMENDATION A. POLICY • In accordance with Minnesota Statutes Section 118A.01 - 118A.06, the City of Richfield must designate financial institutions annually. The institutions must pledge the collateral. over and above the amount of federal insurance, as public depositories. CityDepositories01132004 ~~ • M&I Marshall &Illsley Bank, pledging $1,540,000 of collateral, has fulfilled this requirement and should be considered as a depository for the City's Deputy Registrar, payroll and vendor accounts and all savings deposits in excess of $100,000. • The City must also designate annually, certain savings and loan associations and banks as official depositories for investment of certain City funds. With approval of these official depositories, the City will be able to invest funds in these institutions, not exceeding the federal insurance of $100,000. • Finally, a designation must be made for certain financial institutions as depositories for the investment of City funds for 2004. These institutions, such as investment brokerage firms, offer government securities in the manner required by faw. These financial institutions include M&I Marshall &Illsley Bank, Dain Rauscher, Wells Fargo Brokerage Services, Morgan Stanley Dean Witter, Morgan Keegan and N.A. Investment Services, Inc. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • .The City is required by Minnesota Statute 118A.01 - 118A.06, to designate as a depository of funds, insured banks or thrift institutions. Any collateral so deposited is accompanied by an assignment pledged to the City in the amount specified in the attached resolutions. IV. ALTERNATIVE RECOMMENDATION~S~ • The City Council could solicit other financial institutions for official depositories, but past relationships with the depositories recommended have proven satisfactory for the City. V. ATTACHMENTS • Resolution designating M&I Marshall &Illsley Bank a depository of funds of the City of Richfield for the year 2004 and approving collateral. • Resolution designating certain savings and loan associations and banks as depositories for the investment of City funds in 2004. • Resolution designating certain financial institutions as depositories for the investment of City of Richfield funds in 2004. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION DESIGNATING M & I MARSHALL & ILLSLEY BANK A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 2004 AND APPROVING COLLATERAL BE IT RESOLVED, by the City Council of the City of Richfield as follows: That, in accordance with Minnesota Statutes, Section 118A.01- 118A.06, M & I Marshall & Illsley Bank be, and hereby is designated a depository of the funds of the City of Richfield, subject to modification and revocation at any time by said City, and subject to the following terms and conditions: The said depository shall not be required to give bonds or other securities for such deposits provided that the total sum thereof shall not at any time exceed in any depository the sums for which its deposits are insured under the Acts of Congress of the United States relating to insurance of bank deposits; but that in case such deposits in any such depository shall at any time exceed such insured sum, said depository shall immediately furnish bonds or other security for such excess according to law, approved by the City Council of said City. That said depository shall pay on demand all deposits therein; and shall pay all time deposits, at or after the end of the period for which the same shall be deposited, on demand. BE IT FURTHER RESOLVED, that there shall be maintained a general account in which shall be deposited all monies from the water, sewer, storm sewer, liquor, swimming pool/ice arena, deputy register fees, City permits and other deposits not otherwise specifically provided for. The following officers or their facsimile signatures shall sign checks on this account; SAMANTHA ORDUNO, CITY MANAGER STEVEN L. DEVICH, TREASURER BE IT FURTHER RESOLVED, that there shall be a daily interest savings account. All withdrawals from said account will be for transfers to the general checking account. BE IT FURTHER RESOLVED, that collateral in the amount of $1,540,000 is deposited for safekeeping at the Deutsche Bank of Tennessee, is hereby approved. Passed by the City Council of the City of Richfield, Minnesota this 13th day of January, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk. RESOLUTION NO. RESOLUTION DESIGNATING CERTAIN SAVING AND LOAN ASSOCIATIONS AND BANKS AS DEPOSITORIES FOR THE INVESTMENT OF CITY FUNDS IN 2004 BE IT RESOLVED, by the City Council of City of Richfield, Minnesota WHEREAS, pursuant to Minnesota Statutes, Sections 118A.01 - 118A.06, municipal funds may be deposited in any Savings and Loan Association or Bank which has its deposits insured by the Federal Savings and Loan Insurance Corporation (FSLIC) or the Federal Deposit Insurance Corporation (FDIC), and WHEREAS, the amount of said deposits may not exceed the FSLIC/FDIC insurance covering such deposits which insurance amount is presently $100,000, and WHEREAS, the deposit of City funds in Savings and Loan Associations and Banks would provide greater flexibility in the City's investment program and maximize interest income thereon, and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. It is hereby found and determined that it is in the best interest of the proper management of City funds that various banks be designated as additional depositories for City funds for 2004. 2. It is further found and determined that the purpose of such depository designation is to facilitate the proper and advantageous investments of City funds and that such designation is not exclusive nor does it preclude the deposit of any City funds in other officially designated depositories of the City. 3. The Treasurer and Finance Manager are hereby authorized to deposit City funds in various depositories up to the amount of $100,000, or such other amount as may be subsequently permitted by law, such deposits to be in the form of demand accounts for Public Unit Savings Certificates purchased by the City, payable to the City of Richfield on the signatures of the City Treasurer or Finance Manager. Such deposits may be made and withdrawn from time to time by the Treasurer or Finance Manager as his best judgment and the interests of the City dictates. 4. The investment of funds and the reporting thereof pursuant to this resolution shall be conducted in accordance with established policies of the City regarding the investment of City funds. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of January, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION DESIGNATING CERTAIN FINANCIAL INSTITUTIONS AS DEPOSITORIES FOR THE INVESTMENT OF CITY OF RICHFIELD FUNDS IN 2004 WHEREAS, the City of Richfield has money which is available for investment, and WHEREAS, different financial institutions offer different rates of return on investments, and WHEREAS, the City of Richfield shall purchase U. S. Treasury Bills, U. S. Treasury Notes and other such government securities in the manner required by law from the institution offering the highest rate to the City of Richfield providing greater flexibility in the investment program and maximize interest income thereon. NOW, THEREFORE, BE IT RESOLVED, by the City of Richfield, Minnesota, in accordance with Minnesota Statutes, Sections 118A.01 - 118A.06, as follows: 1. It is hereby found and determined that it is in the best interest of the proper management of City of Richfield funds that certain financial institutions be designated as additional depositories for City of Richfield funds for 2004.. 2. The following financial institutions designated as depositories for the City of Richfield funds: Dain Rauscher, Inc. Wells Fargo Brokerage Services N.A. Investment Services, Inc. Morgan Stanley Dean Witter Morgan Keegan 3. The Treasurer and Finance Manager are hereby authorized to deposit the City of Richfield funds in any or all of the depositories herein designated. Such deposits may be made and withdrawn from time to time by the Treasurer or Finance Manager's judgment and as the interest of the City of Richfield dictates. 4. The investment of funds and the reporting thereof pursuant to this resolution shall be conducted in accordance with established policies regarding the investment of these funds. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of January, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION AGENDA ITEM # REPORT # ..~ STAFF REPORT CITY COUNCIL MEETING JANUARY 13, 2004 CONSENT 6C REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: NANCY GIBES, CITY CLERK NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution designating an official newspaper for 2004. I. RECOMMENDED ACTION: By Motion: Approve the resolution designating for 2004 the Richfield Sun-Current as the official newspaper and the Minneapolis Star Tribune as the second official newspaper for the City of Richfield. III. BACKGROUND I The Richfield Sun-Current, published by Minnesota Sun Publications, has been the City's official newspaper for many years. Attached is a copy of a letter from Minnesota Sun Publications requesting that they be designated the official newspaper for the City of Richfield for 2004. The 2004 advertising rate structure for legal notices is as follows: 1 Column width $14.30 per inch $7.15 per subsequent inch 0113newspaper L~' There are 11 lines per inch. The 2003 rate was the same as the rate proposed for 2004. For 2004, the Minneapolis Star Tribune should be considered as the second official newspaper to be used only in rare situations where more timely publication dates are required. The 2004 advertising rate structure for legal notices in the Sunday and week day, metro and statewide, issues is $4.50 per line. The 2003 rate was $4.15 per line. III. BASIS OF RECOMMENDATION A. POLICY • The Charter of the City of Richfield requires in Section 13.01 thereof that the City Council annually designate an official newspaper for the City. The Sun-Current has expressed an interest in continuing to serve as the official newspaper of the City. • The Sun-Current has served well as the official paper for many years. The Sun-Current is delivered to nearly all residences in the City. B. CRITICAL ISSUES The designation must be made at the first meeting of the new year. C. FINANCIAL The cost for the official publications is reasonable. D. LEGAL A newspaper must be designated each year by the City for publication of all official and legal City business. IV. ALTERNATIVE RECOMMENDATION(S~ Not make a designation and request the City Clerk's office to check into using another publication. V. ATTACHMENTS Resolution Letter from Minnesota Sun Publications Fax from Star Tribune VI. PRINCIPAL PARTIES EXPECTED AT MEETING None RESOLUTION NO. RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER FOR 2004 WHEREAS, the Charter of the City of Richfield requires in Section 13.01 thereof that the City Council annually designate an official newspaper for the City. NOW, THEREFORE, BE IT RESOLVED that the Richfield Sun-Current is designated the official legal newspaper for the City of Richfield for 2004 for all publications required to be published therein. BE IT FURTHER RESOLVED that the Minneapolis Star Tribune is designated as the City of Richfield's second official newspaper for 2004. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of January, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 1L/ LL/ 4VVV L9vv ac va- v... .vv --•--- --- - 425 Portland Ave~t~e, Minneapolis, MN-55488 Fax 612-673-48$• t StarTribune FaX To: •r~ ~~c- 1 ~~-t ~~ From ~..w~.y ^ ~ y1. L ~ "~./~ . fax: (p 1 ~ ~ ~• ~~ ~ ~~ ~`~ Phone: 692-673-7000, ext Phone: [y l.a. '~ ~ ~+~,D- 1 ~ ~ ~ ~ ~ Or. Toil free: 1-800 927-9233 Date: L ~-'" e~ ~ ~ ~" a ~ Pages:- (including this onej O tla~ent ~_Enc~e~,~r -[~-Tease-Reply CI Please itecycle • Comments; :~ ~ ttiVf f2AT1A Qaity Sunday ! trgal ftat® ~ ~ ~0 $ 4.50 ;;,. "':~ ~,~.-- December 16, 2003 °= newspapers City of Richfield City Council 6700 Portland Avenue Richfield, MN 55423-2599 Dear City Council Members: The Richfield Sun Current would like to be considered for designation as the legal newspaper for the City of Richfield for the year 2004. All published legal notices are posted on our website (www.mnsun.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broaden the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun Current is our home delivery. Sun Newspapers has become the primary source of community news in the suburbs. Your notices in our paper have the best chance of being seen and read. We would like to continue working with you, therefore, we will not be making a rate change for the coming year. The rate structure for legals effective January 1, 2004 will be: 1 column width: $14.30 per inch for first insertion $7.15 per inch for subsequent insertions Our columns are 14 picas wide There are 11 lines per inch Two notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 pm the Thursday prior to publication. E-mailing the, legal notices is an efficient and accurate way of getting the notices to us. The a-mail address for the legal department is IegalsCa3mnsunpub.com. We still accept notices on disk, faxed or through the mail. If you require more information to make your decision, please contact me or Meridel Hedblom, our Legal Representative, at 952-392-6829. Thank you for considering the Sun Current as the official newspaper for the City of Richfield in 2004. We .appreciate the opportunity to serve the needs of your community. Sincerely, Jeffrey Coolman Vice President of Sales and General Manager 10917 V.~LLF.l" t'IE~C Ro:w ®EDE~: PR.~IRIE ®~IL~~-~soT~ 553 ®952-829-0797 ®F~.Y: 952-9~1-3588 AGENDA SECTION AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING JANUARY 13, 2004 CONSENT CALENDAR (3B 2 REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: NANCY GIBBS, CITY CLERK NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Setting a date for the 2004 Local Board of Equalization. I. RECOMMENDED ACTION: By Motion: Establish Tuesday, May 4, 2004 as the date for the 2004 Local Board of Equalization. III. BACKGROUND State Statutes provide that each County Assessor establish a date for local Boards of Review each year, for the purpose of reviewing the assessment of property within each respective city in the county. These meetings are to be held between. March 1 and May 31 and must be preceded by at least 10 days published notice before the date of the first meeting. The Board of Review (Equalization) must complete its work within 20 days of the first. local board meeting each year, unless the Commissioner of Revenue approves a longer period of time. However, the commissioner will not issue an extension past May 31. 0113board of equal 1.~1 (~ The County Assessor has recommended Tuesday, May 4, 2004 as the date of the _ 2004 Local Board of Equalization meeting for Richfield. The meeting will be scheduled to begin at 6:30 p.m. Approximately a month prior to the Local Board meeting, the Administrative Services Director and staff of the Hennepin County Assessor's office assigned to Richfield will brief Council Members on the Board of Equalization process and of typical cases that may come before the Board. The changes to the City Charter that took place on November 12, 2003 addressing the Local Board of Equalization will not become effective until February 27,.2004 (90 days after publication). Due to timing set by Hennepin County, the City Council will need to establish a date for the Board meeting by January 26, 2004. III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield has historically held its Board of Equalization meetings on either the last Tuesday of April or the first Tuesday in May of each year. B. CRITICAL ISSUES _ • Richfield's date should be established by the City Council in January to enable the County Assessor to complete the scheduled calendar of local board dates as soon as possible. C. FINANCIAL • None D. LEGAL • Minnesota Statute 274.01 provides that County Assessors establish Board of Equalization dates for local boards within their respective jurisdictions. IV. ALTERNATIVE RECOMMENDATION(S~ • Select a different date,. such as the third. Tuesday in April, if it is available. • Postpone consideration of setting a date to a future meeting. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION CONSENT AGENDA ITEM # 6A REPORT # I STAFF REPORT ~~~.~ ,, CITY COUNCIL MEETING JANUARY 13, 2004 REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASSISTANT NAME, TITLE COUNCIL PRESENTER: NAME, TITLE REVIEWED BY CITY MANAGER: ~J~~/ ITEM FOR COUNCIL CONSIDERATION: Consideration of a designation of an Acting City Manager for 2004. I. RECOMMENDED ACTION: By Motion: Designate Steven L. Devich, Administrative Services Director, as the Acting City Manager for 2004 and direct the City Manager to designate a Department Director as Acting City Manager in the event both the City Manager and Administrative Services Director are absent from the City. II. BACKGROUND It is necessary to designate a person to serve as the Acting City Manager for those times when the City Manager is absent from the City. The Director of Administrative Services has previously been designated as the Acting City Manager. In the event, both the City Manager and Administrative Services Director are absent from the City, the City Manager will designate a Department Director to serve as Acting City Manager. III. BASIS OF RECOMMENDATION 0113actingmanager A. POLICY • Past practice has been for the City Council to designate an Acting City Manager for times when the City Manager is absent from the City. • The Administrative Services Director has previously been designated as the Acting City Manager. B. CRITICAL ISSUES • It is necessary to designate a person to serve as the Acting City Manager to ensure continuation of City operations during an absence of the Manager. • In the event both the City Manager and Administrative Services Director are absent from the City, the City Manager will designate a Department Director to serve as Acting City Manager. IV. ALTERNATIVE RECOMMENDATION(S~ • Defer this designation to another Council meeting V. PRINCIPAL PARTIES EXPECTED AT MEETING • None.