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09-28-04 agendaRevised CITY OF RICHFIELD, MINNESOTA TUESDAY, SEPTEMBER 28, 2004 SPECIAL CONCURRENT CITY COUNCIL/ HOUSING AND REDEVELOPMENT AUTHORITY/ PLANNING COMMISSION WORKSESSION COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. Call to order Roll call 1. Discussion of proposed Cedar Corridor Plan Notes: Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:30 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is fo keep their comment period to three minutes to allow sufficient time for others. Comments are to bean opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Meeting of September 8, 2004 and (2) Regular City Council Meeting of September 16, 2004 PRESENTATION 1. Presentation by Orfield Laboratories regarding completion of first phase of low frequency aircraft noise monitoring study Notes: COUNCIL DISCUSSION 2. Council discussion • Hats Off To Hometown Hits Notes: CITY MANAGER'S REPORT 3. City Manager's report Notes: AGENDA APPROVAL 4. Council approval of agenda CONSENT CALENDAR 5. Consent Calendar contains several separate items which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action 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 resolutions appointing additional election judges and high school student trainee election judges for November 2, 2004 General Election S.R. No. 154 B. Consideration of approval of resolution certifying delinquent water and sewer utility accounts to County Auditor S.R. No. 155 C. Consideration of approval of bids and award of contract to Zamboni Company for purchase of new electric ice resurFacer for Richfield Ice Arena in amount of $57,091.77 S.R. No. 156 Notes: 6. Consideration of item(s), if any, removed from Consent Calendar Notes: RESOLUTION 7. Consideration of resolution regarding 2004 labor contract with International Association of Firefighters, Local 1215 Staff Report No. 157 Notes: OTHER BUSINESS 8. Consideration of Letter of Understanding between MnDOT and City of Richfield regarding impacts of I-35 and Highway 62 Crosstown Commons Reconstruction Project on Madison Park Staff Report No. 158 Notes: 9. Consideration of modifications to license agreement with Best Buy Company for use of 1- 494 RALF property as park-n-ride lot by Metropolitan Council (Metro Transit) Staff Report No: 159 Notes: 10. Consideration of a subdivision waiver to approve the Registered Land Survey for City Bella Staff Report No. 160 Notes: 11. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and. by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to fhe meeting. Notes: Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 612-861-9702. AGENDA SECTION: Other Business AGENDA ITEM # TO REPORT # 16O ~- STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 28, 2~U4 Related to: CITY COUNCIL GOAL(S) No. N/A REPORT PREPARED BY: Arm/oR RICHFIELD 2020 GOAL(S) NO N/A CHRISTINE COSTELLO, PLANNING & ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: ACTING DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a subdivision waiver to approve the Registered Land Survey for City Bella. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution approving a subdivision waiver for Cit Bella.. II. BACKGROUND • The City Council approved the City Bella Final Development Plan and Conditional Use Permit on .July 9, 2002. A stipulation of that approval is that the property be platted. • The City Council approved the City Bella final plat on June 8, 2004. • A Registered Land Survey (RLS) has been prepared which divides the property vertically and allows the residential and commercial components of the project to be sold separately. 092804 Subdivision Waiver City Bella • The developer, Gramercy Corporation, is requesting a subdivision waiver approving the RLS in order to permit the financing and sale of Tracts A, B, C, and D. III. BASIS OF RECOMMENDATION A. POLICY • Approval of the subdivision waiver would not interfere with the purposes of platting regulations, Section 500.05. • Public hearings have been held on the planned unit development plan, conditional use permit/final development plan, and preliminary and final plats for the project. The RLS is consistent with these approved plans. An additional public hearing to approve the RLS is unnecessary. • Compliance with the regular platting requirements of Section 500.05, Subdivision 1 of the City Code would result in an unnecessary hardship. B. CRITICAL ISSUES • The subdivision waiver will facilitate approval of the RLS, which divides the commercial and residential components of the project and allows for the sale of these parcels. • Hennepin County has requested minor modifications to the RLS. Those modifications are in the process of being made and reviewed by the County. News of the final approval by the County will be available at the City Council meeting. • The RLS is required in order to close on financing for the project this week. C. FINANCIAL • N/A D. LEGAL • The City Attorney has reviewed and approved the RLS. IV. ALTERNATIVE RECOMMENDATION~S~ • Deny this subdivision waiver with a finding that regular platting regulations must be met. V. ATTACHMENTS • Resolution • Registered Land Survey VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. _ RESOLUTION AUTHORIZING A SUBDIVISION WAIVER CITY BELLA WHEREAS, an application has been filed with the City of Richfield (the "City") which requests approval of a subdivision waiver for the division of certain parcels of land generally located in the southwest quadrant of 66th Street and Lyndale Avenue, legally described as: Lots 1 and 2, Block 1, City Bella WHEREAS, the proposed division of land for which the subdivision waiver is sought is as depicted in Registered Land Survey No. (Attachment A); WHEREAS, the City has fully considered the request for approval for the subdivision waiver; and WHEREAS, the City Council finds that compliance with the City Code Section 500.05, Subdivision 1 would result in unnecessary hardship and that failure to comply therewith will not interfere with the purposes of the platting regulations of Section 500.01. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A waiver for the subdivision of the Subject Property legally described above is hereby granted; and 2. Future transfers of any of the Subject Property may be by tract or tracts A, B, C and D as depicted in Attachment A; and 3. City staff is authorized and directed to take any action necessary to effectuate this resolution and to authorize the recording of conveyances complying with the terms of this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 28th day of September, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk C A O O U O I'~ ~V Jr^ v• W W ~v~^) 1 ~8~~r`` I Y ~4SY;l£9ZS C ~~_ W, 111 I w ,~„ ~-~ l~; ~ ~„ N^ c- ~p ~~ ~ U ~ C,, I ~ h ~- ~~ _~ ~ ~ ~°~ ~' i ~~~~~<~ M- h w M. ~ tax .~ '~~Ss ~# ~ ~~~~ ~~~ V r •.O __ ~ ~ W \ , '' ~ a z ' \ \ f ,~ ~ sssyy~~p i~E ~ s~zyy~p ~ N i~LE ~ 1 3 8 88 ~ /~~ /q Zk9 E I I ' \ / ii / 3.3 / 10 v ,,, ~ \ •' ;~,, / •~ 8 r~ \ ~ ~, -~ ~ ~, . ~ / v ~ ~ i y ~ ~+b~S ~`76'~ r'b r 9~6F sue, °~ w ~ `~ ~) ~ ~~1~..,< ~~ ~Q ~ 8 y . J Ya'Y~ ~~ ~~ i ~ i r \ ~~ ~ .(fib .t~ ~ O ., \ ~. , ~ ~ ~_ ? ~ ~ ~~~ J ~ ~~~t h ~~'y~ ~~ ,~ ~, "~ ~L \<< ~ ~ ~ ~l ~~ ~~ ~~ B~ ~g ~~ ~~ ~~ ~~ ~$ ~~ ~$ ., b ~~ dpb~ ~> V .~ ~ ~. c~ _~ ro `:" <<' '~~ ~ ~, ~~ G ;; ~- ~ ~ ~ ``l ` / ~~ G \ ~l ~~ ~ ~~ c~ -~ - `~~ ~ i o ,~ ~ s d o> g I, [ L` ~ 8~ y3S i S ~ ~ yy 3 ,~ j 7~ St ~ S ~ $ 8 j~ ~ 3 gg g ~ ` $ z dd z Y Y 5 y¢f ~~ o fi 3 m ~ ~ $~ m ~g ~ ~ ~ I l s a ~ ~ Is .~ ~$ ~ o '` 8 a g ~X Agg ~~ ~ ~~ Ix J ~ c ~ ~~ J oy~0. 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'°r'`~~ l~b~ 669~~ ~$ b,~ ~ ' 34 F- ~ 4y ~~ ~~ ~ m saes Ems, ~ 7 ~ ~~ \ ~. \ / try iv1~w~. w b. ~~ ; b~ '~ ~'~ ` ~~ $ ~ 0 ~ ~~ ~ •c f~ ~ R ~ ~ro ~ ~w o w~ •Zte~?A~ ~~'~ ATTACHMENT A ~~ ~~ ~~~~ sss ~ sq~~ ~ €~s~ W S 4 O a C~ ~ t. w ~~~ sss ~~p~g~ R ~~~~ PAGE 4 __ ATTACHMENT A 3 W ~ / s s s s s s s s g o vi o iri ,~ a g n °n ~ ~ m m amo m m m m m m y ~ ~ ~ ~ ~ ~ ~ I ~ Y~ 0 U '~ O °~ o a U c - m of ` ~ L 9 ~ C ~- y O ~ O =~ Y O ~ F W H N y ~. ~ ~ ~~ %r o V o o~ n w U) ° ; ~D ~ .t ~+ p °~ °~ ~` m ` S S b O ~ ~ G ~ ~ ~ N II % O O O ^1 •~ •~ •~ I' 1 Y N W W 2 LI.~ C N o T ;r "~' ;~ O ~ ~ ~ ~ ~ ~7 V~ ~~ ON W -'_ a' a~ a~ J ~ o ~ MM O ~ ~ 1~ m~ ~~ ~`° O Z W ~ ~ ~ L~J `9 09 OV W ° V °~ O N ~ ~ ~ ~ <C N ~ ~ W N F ~ ~ ~ 03 U ~° w ~~ of a O ^ON N W ~~~ d 1~V2l1 ~~ X00 N LIJ N >> ~ .~ Z C J d NCC W J ~ ~ G ~ Y O i ~~ ~y« <~ ~ SG dFt ~ ~v_/w_J' m ~ I ~ S w ~~ 7 L. ~ m ~ ._ d d ~ ~ ~ ~~ ~ Y~ ~ o0 o ~~ ~ ~ ~o~ o~~ _~< ~ M O p O p G G C O G o ;oor~ O O O S O S O O O L .~.~ yN« o ui o vi o ui g ui c x L E ~ d PAGE 5 AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 28, 2004 Other Business 159 Related to: CITY COUNCII, GOAL(S) No. REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: NA AND/OR RICHFIELD 2020 GOAL(S) NO 37 THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, TITLE ,~ SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of modifications to the License Agreement with BestBuy Company for use of the I-494 RALF ro ert as a ark-n-ride lot b Metro Council- Metro Transit.. I. RECOMMENDED ACTION: By Motion: Approve modifications. to the license agreement with the Best Buy Compan for use of the 1-494 RALF property. IL BACKGROUND The City acquired Best Buy Outlots A, Band C in order to preserve future right of way for the expansion of I-494. (The outlots are shown in yellow on the attached map.) The City has granted a license to Best Buy to use the outlots for parking as an interim use. The license agreement covers not only the outlots but also some excess right of way owned by Mn/DOT and leased by Mn/DOT to the City. Metro Council has expressed a desire to establish a park and ride lot on Outlots A, B and C for improved transit service, and City staff and Best Buy are both supportive of that effort. 0928LicenseAg mt-BestBuy The proposed agreement would modify certain provisions of the license agreement and assign the license agreement to Metro Council for the operation of a park and ride lot. None of the City's obligations under the agreement have been modified. The changes primarily affect either Metro Council's obligations or Best Buy's obligations. Best Buy will retain the right to use the property up to 12 days each year for promotional events. III. BASIS OF RECOMMENDATION A. POLICY • The City's comprehensive plan encourages alternative forms of transportation, in particular high-speed bus service. The new park-n- ride lot at Best Buy Campus would provide express transit service to downtown Minneapolis from 6 a.m. to 10 p.m. daily on 76th Street and stopping at 66th Street and I-35W. • The proposed park-n-ride lot would enable Metro Transit to improve coordination of transit service in Richfield consistent with its recently approved Sector Five Transit Plan. B. CRITICAL ISSUES • Exhibit B Utility fee formula between Best Buy and. Metro Transit of license assignment needs to be finalized so Metro Council can begin new transit service based on the park and ride lot by December 2004. C. FINANCIAL • Although the City owns the property, Best Buy's use of the property under the license made the property taxable for real estate tax purposes. The license assignment to-Metro Council will make the property revert back to tax exempt for taxes payable in 2006. • For taxes payable in 2004, the property taxes for the three outlots are approximately $94,500. The City's portion is approximately $44,400. Under the existing agreement, Best Buy has the right to unilaterally terminate the license agreement with the City at any time and does not use the parking lot except for marketing events, so ongoing tax revenue is not guaranteed. Best Buy has not indicated that it would terminate the license agreement if the assignment were not approved. • An analysis by the City's financial consultant shows that the tax increment produced by the three outlots is approximately $2,000 per year. The future loss of this increment would not negatively impact the financial obligations of the Interchange West Tax Increment Financing District. D. LEGAL • The City Attorney has been involved in discussions with Best Buy and Metro Council about modifying the license agreement. IV. ALTERNATNE RECOMMENDATION~S~ • Oppose modifications to the license agreement. This would prevent or delay the use of the Best Buy parking lot as a park-n-ride lot. However, this alternative is not consistent with the City's policy to support improved transit service, especially Bus Rapid Transit (BRT), in Richfield. V. ATTACHMENTS • Map showing the proposed park-n-ride lot with a transit hub on Knox Avenue near I-494. • Agreement to Assign and Modify License Agreement and to Grant Easement with Best Buy Company and the Metro Council. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Adam Harrington of Metro Transit and Sally Carlson-Bancroft of the Best Buy Company -. . ~_ o - ~ - ~ - ~"~ 3 ~ y1 !'~ y ~ ,p O - ~ ~ - ~ fD ~ _... ~unui ~3 3 ~. a d3 N M e a '~ H C 7 a 'e ~? ~ , ~ L ~~\\\\\111111111' ~ ~ `y \\~4~ ~`\\\~\\\11111111' ~~~~ ~~~~~ ~ ~G11111 LLLI: ~~~ ~~.~~~ ~1\\rt~11 ~1~~\~ ~`~`unau: _ ,~`~~~~~~1m= ,; _ ~ ~. ~, ;; ~ , _ ~ .._. ~_ ~~f.._. -- I ' < ; '/,~ Avenue __ ~ ~ ~l r °g =~ ~ ~,4 , %~1 ~ ! ~ 'i Z ,t'1 ,~ `-: ~ - r ,' j l o ~ ~ ' ~~ ~F ~~ - f , ~ ._ ' [ . t - F ; k ~~`~ ~~ ~, ,: 1 ` `G ~~ ~ ..t Knox A~n~ ~ ~ I `` ~' a' ~-~~ y~~. s 0 0 0 0 0 0 0 0 0 0 ~ ~ iD ~ ~ i9 ~ i9 iD ~ tJf <7f t71 ~Jf Gf CTI N ~a d7 .A ~ N O tW0 0~0 ~ CwJI N ==~ ~s o o `~ r~;~ ~; _..., ~~ _, r- p a !i v ~ ~ -~ ~ ~ W Qo H ~ ~ y ~ C. W ~ ~ _ ~ ~ ~ H rt y ~ ~ ~ a ~ w Newton Avenue ~ ~ O ~ ,~ L7 a = , --- _ 1°. ~ Morgan Avenue_ ~ 3 _: j"`1 _. ~ H ^ ~- ~ v~~ ~ 3 ~ 1 ~~ y Lo,. an Avenue ~ _ ~^ i _~2 ~ ~ ~ . rt j ~ ~ ~ ~. H _~ ____~ ~ . ,.. ,_ ~~~ ~~. ~~a ~ ~~ ~ I .~ i ;--~ ~~ ~~ h -~,-...q ./ n ~„ e! t ~ ~~ ~ j;= ,~ ~` ~ ,. I-35W ~~r~\ 8/11104 AGREEMENT TO ASSIGN AND MODIFY LICENSE AGREEMENT AND TO GRANT EASEMENT THIS AGREEMENT TO ASSIGN AND MODIFY LICENSE AGREEMENT AND GRANT EASEMENT ("Agreement") is made and entered into this day of , 2004 ("Effective Date"), by and between the City of Richfield, Minnesota, a Minnesota municipal corporation (hereinafter referred to as the "City"), Best Buy Co., Inc., a Minnesota corporation (hereinafter referred to as "Best Buy"}, and Metropolitan Council, a public corporation and political subdivision of the State of Minnesota {hereinafter referred to as "Met Council"). WHEREAS, the City and Best Buy entered into a certain License Agreement ("License Agreement") dated the 4'~ day of April, 2002, which granted Best Buy the right to use the Property, as defined therein, which description is attached hereto as Exhibit A, as an additional parking area for its corporate headquarters located on adjacent land until such time as the Minnesota Department of Transportation (MNDOT) needs to legally and physically occupy the Property; and WHEREAS, the City, Best Buy and Met Council desire that the License Agreement be assigned from Best Buy to Met Council to use as (a} a "Park and Ride Lot" for the parking of vehicles of passengers of Met Council funded transit services; and (b} a Bus Stop for use of passengers using Met Council funded transit services (both "a" and "b" are referred to as the "Use"), subject to the modifications contained herein; and WHEREAS, MNDOT has consented to the Use and this Agreement to Assign and Modify the License Agreement; and WHEREAS, Best Buy has agreed to grant to Met Council certain easements for access and egress to the Property; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City, Best Buy and Met Council hereby agree as follows: 1. The purpose of this Agreement is for {a) Best Buy to assign the License Agreement to Met Council subject to certain modifications; (b) City to consent to such assignment; (c) Best Buy, City and Met Council to agree to modif cations to the License Agreement which modifications retain certain Best Buy rights and responsibilities; and (d) Best Buy to grant to Met Council certain access and egress easements to the Property aver property owned by Best Buy. 2. Best Buy hereby. assigns to Met Council the License Agreement, as modified in this Agreement. Commencing as of the Effective Date, Met Council hereby assumes any and all of ~ ~ the interest, rights, obligations and responsibilities of Grantee under the License Agreement as modified herein. Except as otherwise- provided in this Agreement including specifically the -- 1 -- DRAFT 8/11/04 provision in the modified Section 1.4 of the License Agreement which addresses reinstatement of the License with Best Buy as Grantee, commencing on the Effective Date, any and all of the interest, rights, obligations and responsibilities. of Best Buy under the License Agreement shall cease and be of no further force and effect. 3. City hereby consents to the assignment of the License as modified in this Agreement from Best Buy to Met Council. Met Council by its execution of this Agreement consents to the assignment of the License Agreement as required by Section 10.1 of the License Agreement. 4. Best Buy, City and Met Council agree that the License Agreement is modified as follows: (a) Section 1.1 is amended by deleting the following words from Section 1 1 "and (ii) a rie ht of ingress and egress from Lot Block 1 Best f3uv Campus to the Property." (ab} Section 1.4 -Add the following two {Z) paragraphs after the first (1~ ) paragraph of Section 1.4: In addition to the above, in the event that Met Council is a Grantee under this License Agreement by means of an assignment or sublicense pursuant to Section 10.1, Met Council may terminate the assignment or sublicense at any time during the term of the License Agreement (or the term of any extension} by written notice to the Grantor, Best Buy or assignor or subiicensor, if other than Best Buy. Termination will be effective on the date specified in the notice, and if no date is specified, thirty (30} days following receipt of notice. If Met Council elects to terminate the assignment or sublicense, .Met Council -will remove the improvements installed by Met Council on the Property and will restore the. Property to the original condition that Property was in prior to Met Council's use of the Property In the event that Met Council terminates the assignment or sublicense, Best Buy will be deemed to have assumed any and all of the interest, rights, obligations and responsibilities. of Grantee as provided in the original License Agreement between City as Grantor and Best Buy as Grantee. {-1~} (c) Section 2.1 -Delete Section 2.1 in its entirety and substitute the following Section 2.1 therefore: 2.1 GRANTEE'S USE. During the Term of this. License, Met Council will use the Property only for the Use and for no other purpose whatsoever without the express written consent of the City and Best Buy. The use of the Property by Met Council for special events or promotions shall be considered a transit location use and is included within the term "Use". Met Council will give --2-- DRAFT 8/11/04 written advance notification to the City and Best Buy of such special event or promotion. Best Buy shall have the right to the sole and exclusive use of the Property on approximately twelve (12) weekdays (Monday, Tuesday, Wednesday, Thursday and Friday) per year for special corporate events. Such use by Best Buy will be limited to the period between April 1 and October 31 and will exclude the dates of the Minnesota State Fair. Best Buy will give Met Council a minimum of fourteen (14) days advance notice as to any date or dates that Best Buy will require the use of the Property. In addition, Best Buy will have the non-exclusive right (along with Met Council) to use the Property on weekends (Saturday and Sunday) and holidays. The use of the Property by Best Buy for special corporate events as provided above shall be considered to be permitted as a Use of the Property under this License Agreement. Best Buy will restore the Property to the condition that the Property was in prior to use of the Property by Best Buy for special corporate events. {~} (d) Section 3.1 -Delete. Section 3.1 in its entirety and substitute therefore the following Section 3.1: 3.1 LICENSE FEE. The license fee for the term which has been paid to Grantor upon execution of this Agreement is $1.00. There shall be no fee for an extension of this Agreement. (e} Section 4.1 -Section 4.1 is amended by deletin the fpxst~n°~ *'~° ~ ''~ ~°~ --~-v---~-~ sentence te-t-lie-b<~~-. ~= of Section 4.1 anti re~acin~ it with. the #ollo rvin~ t~~ro {2) sentences: "Best Buv shall be responsible for ?O~J4 property taxes due and payable ;n ?~JOS >, Thereaf~ter_ Crrantee shall be responsible for all real ~s~ate tarY~s and inst~?llr~ents of special assessments which are di.e and a jab~e on the. Property until the termination of this A~reeinent inclt~din~ any extensions thereof." ~i£~i~-~-~-i-' ~"srcx-~i a~zzsa~si~-ssuc~-%~zrsC~i#2€~-'trl~c='c~~.~~-sa==i-rl~'zct'tr~~,i'~ '` ~ ~ ~ sit-e~c-#ic~_~-- -. (ef} Section 5.1 -Delete Section 5.1 in its entirety and substitute therefore the following new Section 5.1: 5.1 Charges. Best Buy shall pay for all utility services provided to the Property. -, -- ~ -- DRAFT 8/11/Q4 A Grantee which has become a Grantee under this License Agreement by means of an assignment or sublicense at any time during the term of the License Agreement shall reimburse Best Buy for the utility services provided to the Property and allocated for. use by such Grantee. Reimbursement shall be in accordance with the formula for utility fees attached as Exhibit B and incorporated herein. Such Grantee and Best Buy will review and if necessary reset the fee formula in Exhibit B on an annual basis and the reset fee formula shall be incorporated herein as a new Exhibit B without any further. need to formally amend this Agreement. (fg) Section 6.1 -Section 5.1 is amended by adding the following sentences to the end of Section 6.1: "Met Council shall provide security to the Property in accordance with the Security Procedures agreed to by Met Council and Best Buy attached hereto and incorporated herein as Exhibit C. Met Council and Best Buy agree to review and, if necessary, amend the procedures no less frequently than once a year. Such amended procedures are incorporated herein as a new Exhibit C without any further need to formally amend this Agreement." (~} (h) Section 7.1 -Section 7.1 is amended by adding the following sentences to the end of Section 7. l: "Prior to installation of any. improvements on the Property, Met Council shall ~ provide plans to Best Buy showing in sufficient detail the proposed location, ` °~~ ~ dimensions and materials relative to the improvements Met Council intends to - install on the Property. Best Buy shall provide any comments it has on the plans -.'~. to Met Council in writing within fourteen (14} days of receipt of the plans. Met `~~. Council will review and take Best Buy's comments into consideration and if ~f- s ~} ,.~ ~, ~,~ necessary consult with Best Buy to reso ve any issues a ore installation o t e `-.~,' improvement. Notwithstanding the foregoing, no improvements will be installed on-the Property without the express written consent of Best Buy, provided, however, that execution of this Agreement by Best Buy constitutes approval of the plans attached hereto and made a part hereof as Exhibit D except that Grantee shall be allowed to expand the Park and Ride Lot on the Property shown in Exhibit A to include other portions of the Propert~~acent property not owned or controlled by Best BuX. (-h-}Sections 9.1 -Delete Sections 9.1 and substitute therefore the following Section 9.1: 9.1 Each party to this License Agreement and Best Buy agree that it will be responsible for its own acts and the results thereof, to the extent authorized by - law, and shall not be responsible for the acts of the other party and the results thereof. Met Council's and Grantor's liability is governed by the provisions of -- 4 -- DRAFT 8/11/04 Minnesota Statutes Chapter 466. Met Council and Grantor each warrant that they are able to comply with the aforementioned liability requirements through an insurance or self-insurance program and have minimum coverage consistent with the liability limits contained in Minnesota Statutes Chapter 466. Best Buy shall keep in full force and effect during periods that Best Buy is using the Property pursuant to this Agreement a policy of liability and property damage insurance with respect to the Property, and the business operated by Best Buy in which the limits of liability will be the same as the Policy limits which Best Buy currently carries on similarly used property. {~} (j) Section 9.2 -Section 9.2 is amended by adding the words "and Grantee Metropolitan Council" to the -end of the last sentence of Section 9.2. ~j-}~kLArticle X, Delete the existing Section 10.1 and substitute the following new Section 10.1: "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, Best Buy, and the Metropolitan Council. (l~~Article XI. Article XI entitled Grantee's Default is amended by adding a new Section 11.4 as follows: 11.4 DEFAULT - SUBGRANTEE OR SUBLiCENSEE. With respect to a Grantee which has become a Grantee under this License Agreement by means of an assignment or sublicense pursuant to Section 10.1, in the event that at any time during the term of the License Agreement, as modified herein; Best Buy is able to affirmatively demonstrate that such assignee or sublicensee Grantee's use of the Property is (fi) materially interfering with Best Buy's need for additional parkin for its business purposes; or (iii materially interfering with Best Buy's use of the Best Buy Property, andlor the adjacent tenant's use of the adjacent property currentl~~ used as a Galvan's store, inciudin~ lint not limited to traffic can~estion and or ingress/egress issues; or (iii) constitutes a material health or safety risk to Best Buy, its employees or the Best Buy Property, Best Buy shall have the right, upon one hundred and eighty (180) days advance written notice, to terminate the Assignment of the License Agreement to such Grantee provided however, that Grantee shall have the right to cure such interference or material health or safety risk during the 180 day notice period. If such Grantee has nat cured such interference. or material health or safety risk noted iii (i~, (i; and (iii) above, within the 180 day notice period, upon the expiration of the one hundred and eighty (180) day notice period, Best Buy shall have absolute-right to possession and use of the Property, free and clear of any claims from such -- 5 -- DRAFT 8/11/04 Grantee and the terms and conditions of this Agreement shall cease being of any further force and effect and Best Buy's right to occupy and use of the Property shall be governed by the terms and conditions of the original License Agreement. Best Buy and Grantee will work together in "good faith" to resolve any use, health or safety concerns, and consider alternatives other than the termination of this Agreement, including, but not limited to, "downsizing: or "reconfiguring" the Property. (-1-}~_Section 13.7 -Section 13. 7 is amended by deleting the wor~`Grantee" and replacing "Grantee" with the words "Best Buy". (-n}}~Article XIII is amended by adding the following new Section 13.10: 13.10 DISPUTE RESOLUTION. If a dispute should arise between or among the Parties to this Agreement with respect to this Agreement or any of its provisions, the Parties involved agree to attempt to settle such dispute through the use of a mediator mutually acceptable to the Parties involved in the dispute prior to initiation of any legal action on the part of any of the Parties involved in the dispute with respect to this Agreement, any of its provisions and /or its enforcement. The costs of such mediation shall be shared equally by the Parties entering into the rnediation._In the event of a notice of termination by Best BuX under Article XI, Section 11.4 above, the Parties agree that resolution of the dispute involved will be completed within the 180 day notice period {-n-}That all other terms and conditions of the License Agreement not specifically modified by this Agreement shall remain in full force and effect. 5. The City and Best Buy agree that if the assignment of the License Agreement is terminated in accordance with the terms of the License Agreement as modified. by this Agreement, the original terms and conditions of the License Agreement shall be reinstated between the City and Best Buy without any of the modifications .agreed to in this License Agreement and Best Buy will be considered to have assumed any and all of the interests, rights, obligations and responsibilities of the original License between the City and Best Buy. 6. Best Buy hereby grants to Met Council, its employees, agents and customers, for the duration of the License Agreement, an easement for access and egress purposes only, over those portions of the property owned by Best Buy ("Best Buy Property") shown marked in yellow on the site plan attached hereto as Exhibit A ("Easement Area"). The Best Buy Property is legally described as Lot 1, Block 1, Best Buy Campus, Hennepin County, Minnesota. 7. Prior to its use, Met Council will evaluate the need and methods to control speed within the Easement Area, will install a gate, and will install other devices or take other -~ actions as necessary to control speed within the Easement Area. -- 6 -- DRAFT 8il 1i04 8. With respect to use of the Easement Area by Met Council as provided in this Agreement, each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by law, and shall not be responsible for the acts of the other party and the results thereof. Met Council's liability is governed by the pravisions of Minnesota Statutes Chapter 466. Met Council warrants that it is able to comply with the aforementioned liability requirements through an insurance or self-insurance program and have minimum coverage consistent with the liability limits contained in Minnesota Statutes Chapter 466. Best Buy, shall, during the entire term hereof, keep in full force and effect a policy. of liability and property damage insurance with respect to the Easement Area and the business operated by Best Buy in which the limits of liability will be the same as the Policy limits which Best Buy currently carries on similarly used property. 9. With respect to use of the Easement Area by Met Council, Met Council agrees to work cooperatively with Best. Buy to establish mutually acceptable procedures to resolve as reasonably as possible any security, maintenance or operational issues related to use of the Easement Area. ?lift !`(,-, l.;l + c_a~-~.~ ~, l3 r ~ rl,,._~ . zrFru~~s.-cc~~rii~n-~~i-~.~+ti~~^-1~-' _,1-s'c'I~~c rs ,ter, =~.J ~~~, ~n-~i-~r3-i~~-z=~ir-~rr~ a1-~-i3,''i~~ i3 10. If the Assignment of the License Agreement is terminated pursuant to the terms of the License Agreement, or if Met Council ceases to use or loses the right to use the Property the Easement granted by Best Buy to Met .Council shall also terminate and. Met Council shall provide to Best Buy for recording purposes a r~~,c~rdab;e dc:c~in~ent verij°v~=~no<i-c~; that ~Loti~ the Easement and the :~ssiga~ment of 11i~ense Agreement h~~.veh~ terminated_ *~nTrs.~c~~t~f=~.TC~~;s~Z'~i=s~-~z~iyir~. 911. Except for the Easement Area which is to be used for access and egress purposes only, Met Council shall have sole responsibility for insuring that its empl©yees, agents and customers park on and use only the Property and not any of the Best Buy Property. Met Council shall have the responsibility for towing of cars on the Best Buy Property in accordance with the Security Procedures attached hereto as Exhibit C. X1-12. If a dispute should arise between or among the Parties to this Agreement with respect to the provisions of this Agreement that pertain to the Easement {Sections 6 through 11), the Parties involved agree to attempt to settle such dispute through the use of a mediator mutually acceptable to the Parties involved in the dispute prior to initiation of any legal action on -the part of any of the Parties involved in the dispute with respect to the provisions this Agreement that -- 7 -- DRAFT 8/11/04 pertain to the Easement, any of its provisions and /or its enforcement. The costs of such mediation shall be shared equally by the Parties entering into the mediation. 13. In the event that Met Council is able to obtain an extension of the License Agreement after the initial.term or after the initial term of the License Met Council is able to secure the right to utilize the Propert t~ah any other means or agreement Best Buv and Met Council agree that the terms and conditions of this Agreement shall continue in full force and effect for as long as Met Council has the right to use the Property except that Article ~I, Section 11 4 of the amended License shall no longer apply. In the event Met Council desires to expand the Park and Ride Lot to include other portions of the Property shown on exhibit A or adjacent property not, owned or controlled by Best Buv, Best Buy agrees to consent to such expansion IN WITNESS WHEREOF, the parties have executed this Assignment and Modification of License Agreement on the date first above written. THE CITY OF RICHFIELD By: Its: BEST BUY CO., INC. By: METROPOLITAN COUNCII:, By: Its: -- 8 -- DRAFT 8/11/04 LIST OF EXHIBITS Exhibit A - Legal Description of Property Subject to License and Agreement to Assign and Modify License. Exhibit A-1 -Plat of Best Buy Campus Exhibit B - Utility Fee Formula Exhibit C - Security Procedures Exhibit D - Site Plan/Easement Area and Property Subject to Agreement and Assign and Modify License DRAFT 8/11/04 EXIT A 4utlots A, B and C -Best Buy Campus Hennepin County, Minnesota and Dedications as Shown on Attached Plat of Best Buy Campus Labeled Exhibit Al DRAFT S/11/04 EXHIBIT A-1 DRAFT S/11/04 EXHIBTT B Utility Fee Formula [see attached] KENNEDY & GRAVEN~~~HA.IEITERED 470 PILLSIil<JRY CEN" . i4~INNEAI°OIGI[S, MN--y~i'>4#12 (612j337-Q300 - FAX # (61-2}3:~~3-11t ._ NOTICE OF CONFIDENTIAL )(I'~1FORMA.TION This fax contains confidential information which is legaily privileged. the information is for the sole use of the intended recipient(s) listed below. i3istributian ur-disclostiue to an}~ individuals not se listed is s~ict~y prolnl~ited_ iDste: September 22, 200~i _ 1Vurm~berof pagesi~cludtt b-~rover-slteert: If a problem arises, cell my A,ssastant Jean ort cur ~nr Set•vieeCeafer-af (612} 33-7-9380 7f O: Tom Foley TO: Ft~X # 86i-g74c} 1~A.~ ~~-: FROM: Corrine 1-I: T~iornson . Direct Dial #: ~6i 2j 337-9217 COMMENTS: Dear Torn: Oran ~'il~ IOTo.: RC T45-408 Enclosed please find two recent faxes sent to me concerning Best Buy. 1?lease feet free to call me if you hive any questions. Conine CAH-2534$6v 1 RC145~08 E8Z-d b101100 d 8Eb-1 OlE6lEEZl9+ uene~g ~ ,tpeuueN_wo~~ Eg:~~ p0_ZZ_des - il~`arkrng jot ilie Region. ~latrningjor~.:~s l~w+e~ae .~ ' _ (TFFICB~Oft' rB1Ygj 7C~LEG~+~'Y TR11NS~.~~ S~~.'T ~,D~T~i - ~ Tom: ~ :~ 3 ~ ,PII~MBER OF PAG$S ~~(~Sl~ty:_~/ ` RE: ~ fc~ f,~ ~~'~ ~~~F~kt~t~ak~~iFl~~akik~k*~klt•~k~~9'c~k~~k+k~s~~k~k~jF*~##~t k4e~~k -- - 9~w FItD1V1: ~ANNEMrITROS~- DI~E(,~_TD}E~oa~; 651-b4Z-lliUB - ADDI'1'jONAL C~4A+F~: ~ ~~ ~i ~, e~ ~~ -, ~eerv ~~ en~ar I~•~~~D+ BLIYITST7~S'TI~N~~-~~tl,Z~~PLBeISBCrit,L; ` . ~~`- asp-+19.'~1I03 _ _ _. ~'~s ararooton aa~AmfnM Irt ~PieT~olh~~W'~ +~ ~e - `, 'o~d~Fo~~e~pbweor~v~t+~o~b~eJ6~- mid Fat ttb~ .k Aof a ~trrr alp~+~ Ord MY ~ r~YvA K 3~~ .~y~t~m~iadrJi[r Old ~ H erlar, pfe~ rer~~~lm~ly ~o~ vie ~rd'er by +~ end i~turn lJie o-~Jewf ~ la`t1iCr+e~da, by V.S bfa~7, of lRc~low~'+iig'e~l'ditss: 23o~+t~lir ~l~urss~a! ~~ _ ~~~2i~-ra+a ~~ ~ssv - d-fr~air~ :ieES021S88 . Aa ~ ~i . i8i-d '~tuii0~7'd 8i~-i Olieigeiig+ uene~~ ~ RpeuuaN_wa~~ eE:ti b~-ZZ-~aS ~apolitax~ Co~nci~ Buildin cammuni#ies that work pFFICE 4l~-~ ~OIJ~YSLL INTEil~Vrf~L ME<~ORAN,UUM Date: September 21, 20Q~ To: Corrine Thomson, Best Buy Faom; Jeanne iVlatmss,-As~ociate Crersesat Counsel . . ~Suhject: ExlaibiTs ~ $est Baq Assignmen# of~tccnse Attached is a clew version of the Agreement to Assif~a the License and the Exhibits t~ the Best Buy Assignment of License. Bxh4bit ~ l .has the Basement u~arked in gello~w' ~e :2asemeizt may not show up on the faxetr copy. It is a ~e -along tote nom edges of the 0utw-ots-~a=3uig st the Knox Avenue. Exlnbit & is still- ~8~g~- . I am also sendiag these Exhibit via mail. J"ttlYii sep Agents-- E8l-d til0/6~O d ~S~-1 OlE81EElt9+ ueneag R Rpeuua~_waa~ 6E~lt bO-tZ-d~S I u1 t tvL ut V1JU. vU UUULL ~4!-J VUJ ~i~ i 9ii4~o4 LYST UT EXHIBITS Exhibit A - ? sgal Description of Property Subject to lrice~nse and Agreement to Assign and Modify License. Exhibit A-i -- Peat ofBest Buy campus Exhibit B - Utility Fee Formula Exlsibit c - Security gmcedures Exhibit D - Site Plan/Easeuient Area and Property Subjea:t tsa Agr~eee~ment at~-to Assign and Modify Lice E8Z-d bl0/q00 d 8Eq-1 ~1E8lEElt9+ uene~~ 9 rtpeuue}~_wo~j 6E~lt V~-ZZ-daS ~ / w f• f• l~Ll YY LYY YLV fV va t avu va roust. v~~~~ifuayu t~1 vuu 9/14104 EXIT A-1 68Z-~ pt0/900 d 8EV-1 O168l6EZt9+ uene~g ? ~tpeuueH..wni~ VE:II pO-ZZ-daS UL! L1J LUUV 14_gJ 1'116 YJ1UYilY+kY U!'D1~.L~ UP bP,1Y. l.UV1V~CL EXH~3IT A Oatiots ~ B and C - Best Buy e:antpur,~ Hennepin; ~onnty,lYiinue~a~ _ and bedicstions as Shown on Attacbt~xl Piat of hest Bny Campus Lnbeied L~6~ibut Al ~ uuu DRAFT 9114104 E8Z-d bl0/!OO d 8Eb-1 OlEBlEEZl9+ uene~g R ,tpeuueH_wald pE:tl b0-ZZ-daS ~i~C _. C ` 1 ~n_s a..~ ' ~ I ~~ ` # 1' ~j >1 aria 11 r g5 rl ~g~~___~ ~.. - ~, i .. t , ~., P~ y ~ ~:, ~ ~ __._ r n n n.estir ~_ ,, r ~ / • ~ 1 Y ~ ~:. ^^ -~... v J'~+ I '~ _L~ (t~ ,A ~ ,,~~~ ,~, ~~ a I 1 r~ 4 1 0 j ~`13` ~i ''1 m ~ ~ --, -, o ~ : ,~,~,l~.~ _ _ „~ . "r ~ .+oa r .F n ~~ 1 _ ~ ' 6 ~ a~ r ~r ~ O '- Z 1. 1 . I ~,~.1 ,~ . cn 1~ I ,I ~~, ,. s ; t~~ 1 ~' ~ Si ~c a .. 1~ 1. 1 ~, V 1 1 ~ iy i 'rT' .~ r-~ ' 1~$ L iRC 1 _ ARC '1 ~X 1 t+ i 1 •~ ~ ~ ,+ 1 ii ~i~ "~' M ~~ C~! ~_~ ~~la~ , , 1 awr ~roY w ,rwa w v iy as ~ ~ t ;r v i r i ~in°i +nt ' ' ~ a' y as uc r as a \ ` ,.a \q • ~ r W r t[ '~. ~s r ai't 1 1Npafe, t~,ais»~' ~ors5e 'm, s~r~rse't^~fNAi --rll-i~,~VCIf' :SUL~i~r ~t~',~~ "='+.F!' ~' yam C ~ ~ F , ~ 1 ~sam ~ ~ ~~ 'a "°~ ~ r ~ ~~4~ E r~ - ' r . / ~ r.i ~? • 1 .... .,. _' ...~ . L .8~> c•. ' ~7['W'y~ f~Li x :~,,:: ,' li~l al~~i' 1 t ~ r ~, ~ ! \\ • i!~~~I K ~ 'RUi-rLwaa.Lr a•~ ~y ..~. \ w ~ ~_;; r ~.ee a r. a ~~~ ~ z y~ ~ f~CO~" r'NQ~OU/S TZ~~ •~ "~ ~e r `~~ - ~ a~+~ ~ ~ ~ I ~ I ~D~RD ~DD/7~f.YV ~~ y I ,' V 1 I 1 ~ ~ r ~~/'~ a~ 1 t 1 I M I C I ~ r I " Y f~I ~, ~, _ ~ ~ ~ ,~ iNc ARD S I ,~T ~~ ` ~~ -~ '~ n Y- - WtEGf /ID- NEY?ii1\ -~{ iE1WE- _ ..~/yr,~~y ~ y }~ a 1 7iG g s j a ~~ ~ ° 1 al il-T-r e o ~ ~T-T7 ~~ ~~ ~i ~ . ~ ~ w . ~ ti I I.t 19~~ ~~ ~ ~" 7C I I I OBERT ER' FIRS{'T AG~?/TIO~+~ ~' '~I ~ ~*.kuc...r..ma _ ~ ~q I I J I I~ -I~ ~ ~~I y ~' ~~ `• • •' °~~ "ti I I I ` I , .~l/JCLTLL AND JD~IIYSFN S V I __;,_. ._____ ~ ~ C ~ ~ r ~ ~ ~~[- va M-~~*~ r ~~~ J •1INKrfN O"~YE~F.iIY~-~.S.e~rw~i i~IR(~ ' Y -}*k ~ TRACT l u i i ' B ~j y I ~a I ~°w c ~' 1d ~'~ ~ ~[ ^ ~"JJ''~ ~ I ~ I I ~ I~izst Aod~n~ ~ I t" I~ ~1,~~ ~' ~~ ~ ~1"'''~ ~ ~ ; , A.Y TACK F/R TyD lnpN +~8~ ~~E~ C i as rr~ N L,-~~,,, ,. w..t ~„ a I I I I ~ ~ ~r ~~ C!~ ''~ 1 I L_B~° ~1K _L_J ~ _1__L_ ~`4_ 3 r .~.~y}~,~~'"'{~,Mr'~-,.;.. :"0~-3~6'iP/-- r }'1 a2 ^ ~sr k~ 'f 4~~ ^~ I ~ ~ r tiiUt crM ~ ~ /^ '~Y >ti ~L a VCILWr Cif ~ -IS° _~Q R " ~ 1 r ee.a p rnr rc r ^ Ir r ~ ~a 1~ ~ Y? '~~ ~ ~~. +y'J ~ c41aw~ r~he Cit 1 I~ i ; ~ ~,(' n Iq ~,v ~+Or.+~e i'~ ~~ ~'W~ +^' , ~rw TRACT :;~i it :1 ~~r: il. t ti~ r'.~ '~ :~I n " ~ ~~ ~ ~^~t-XIVa1L - -~1i'C'IYFdF ~~~B1i74+~~.~~ Z' ~ 3t _ „ fi ~ Sn77Hb i t7dGt ~ ~ . ~i jllT ,, 5 LLUrr cuarwc r ~ j, € REdSTERED LAND F! FrA m r ~~ ~ F ~ Sl/R4FY NO. )Q37 ;~ ;~~ ~ 1 ' o 7 ~ R ~ a ~ ~ ~ ~ R ~ l ~ ~ ~ ~ ~ ' r n ~ v ~ ~ `~ .Y- ' 9 a -a .°'.a°acrrc~. \ AiOl Rica ~ ,w-~-# ~t ~ af.l + ~` ..~~~ n t E i r~4nrr M~rtQa 1~ _„ S ak ^^v~ I ryR - a~ I ~`~ r ~I I f ~ ~ 1 "~ D d C'1 00 w ~~ 9114/Q4 ~7~BFt ~~ Ut~iity Fee Formula E8Z-d YlO1800 d 8EY-! 0tE8l6EZ18+ uene~g ~ RpeuuaN_wo~d 7E~tl 70-tZ-deS - - ~Yt A1• i0Y 1 l It 11 11111 YV lUYYlY lY 41 t 1LILi UL ULlt~ iIULLY IJULI i~YYY [she attached] 1:I~1rT -E ~ecarlty Procedures DRAF'Y° 9/14104 68Z-~ Yl0/8~O d BEY-1 UlE82EEZ19+ uene~g ~ RpeuuaN_woaj 9E~tt YO-2Z-daS u • . Seearity~proeedures fer Bes~:E~y _ _ 1vlsy 28, X894 For a~ ' of these rtrocedures Metro Transit mesas Metroawlitao Couneii' Metro Transit Division Party or Parties means Metro Transit an~$est Bu}!, 1~.EstablieLiuag ~itnmunications ~' a. Staff from Metro Transit's ~ant~rol Center, Street t?poratia:os, Transit poliee-aad Eugiaeering 8e Facilitresv~ill iueetvvitlzBest-Buystafl=Ba~I~iclifi~~it~oli~;+sto establisis~lines-of_ communications. Each organizationwill desigaate leadpersosts responsible faX•handling security issues at ~e Hest Buy park and ride lot/transit; center. 'fhe parries witl share names and other. pertie~ent ~informatian needed to communicate effectively. b. Metro Transit's Transit Control Center (TCC} is staffed 24 boons a day, seven days a week. The TCC dispatches Metro Transit Police. It will 6e respot~sitde fos atl itterdertt coordination and reporting by Metro Transit: c_Best Suy will provide written blanket authorization for 'Crsj:flsit Police and Richfield Police to { perform law_ enforcement on Best Buy.property. d. $est Buy will share selected security camera feeds throu i nrn-site ~; ig_wi~{as available) to Transit Police-and-Richfield-Police irrorder~o-impro~mon-itoring a:ndincidentreconstntction. e_Metro Transit will provide to Best Buy bus schedules for 1•c-utes u~iug the park and rideltransit center. 2,,,ZGenerar security~r-ocedures a If an incident is fusthoticed by Best Buy sta$', they wil! fast alert the Richfield Police pinch$eld-Police primary enforcemena. and invastigative~responsibility} and thegthe Best Bny lead person. who notifies the TCC. lti.+~hfield P'alice Department weed to be notf€ied first and given the optioa of responding oa ~aza~n~ :it. ~nff to lvt~ro Transit-Then 1Vfetro Transit will tag and taws,-eafarce the laws as iteccessaty to eas~osee that tIus is a sect3te azea, ~f an incident is first noticed by Metro Transit Police ar stEff ~irtclu~ding bus drivers and district st~enfisors3, they will &lert the TCC, who will in turn alert~ttre Best Buy lead person and police as appropriate. c~The TCC will docwment all incidents using normal Specitii S~tuatxan Ports. ,_Subjecttt~ t~ restrictions of a !.i bid state law. inciudin =the. rinesota Bata Practicesail reports an incidents at the Best Buy park -and rideJtransit center by any :?arty will be provided aatomaticaily `to the otlier patties. TCC or Transit Police will develop a procedure i'or retaining and accessing reports received_fr0in.$est $uy or Richfield Police. -I• 68Z-d 710/Ot0'd 8E7-1 0t6816E1t9+ uane~g ~ ~tpauueN_wa~j 9E~ll 70-ZZ-daS u •~_ 3Z,Parking ~ non-designated' areas, overnight packing- air atrsndoned anM~ohiles~ s a ~he park ax3d ride iot will be signed specifically forbidding. ~~ver~gbt parking, displaying of autos:forsale or abandosiug at~to~= ~'av~ing copditio~wi.ll b~; spelled-out Bec$use only park aid ridgy users are anticipated to bean the park and ride lot, it will hie wed until proven otherwise that Ivl~o Traasitwiit deal with arreocc~mringprobleut o€irrrl~mperly~ parked autos. lfsuchcars are identified by either $est Buy or Metro Trsnsitst~ff,-me parties ~~ consult with each other and decide whether to warn the veluele owner via leafleC-0rmw. it. Dace-the decision is made, Metro Transit-willbe responsble for leafleting. Either Sest Ii~uy ar-Metro Trausitpe~may call. the tow truck. ltichlSteld police must then be notified of this actin. elf a ve}uclt~ is disabled er stuck, s Metro Transit phone number should b® avaikable to tt~e vehicle owner-for notification, 612-349-7349)_Towing by either Best Btiv or R/fetro 'I~rao.sit_aft{st eamnly wit atrolicabie_ to law rpn'ents._.. 4~,Otheg sttepieisus ~ehiclea ax,persiu.Iot-. ~ 1`f sach ca€s are identificd- b3~ either Best- fla}~ or Me~cro 'l ransit staf€, the parties vu~iil consult ~ with each other and decide whether W call the police. Once the decision is made, either party may nail. ~ . ~f the suspicious vehicle oz person in the- lot appears to post; a~a.i~ediate threat to the public of to Best Buy property, either party may unilaterally call thc. fRiclafield? Metro '1'ransit?~ police, followed immediately with a Call to the other party to inform: them of actions taken. ~S~,Speeding or reckless driv#t~g in lot a If such acti~y is identified by either Best Bul3~=or-Metro 'l~~~sit staff, the psrlias will eansult with each other~aud dccide vfrhether te-ca~ the TI~iel~eld? P+'~etco-Tra~is~1 politer. Once the decision is made, eitherpasty may call. (Lieease~aomber anr,-t clritrer description requested) I£ problem is reoccurring, Ivfetro ~°ransita~or Best Buy will- n~tirfy its eust+onters, omplt-yees, or clients ss appropriat~o to curb undesirable behavior. speeding or reckless dcivi;ng in the lot is a Tecurtiug problem, Best Buy and Metro. Transit staff v~t~li meet to discuss preventive measures such as speech "3umps: ~~ ii - 68Z-d Dl0/tlU d 86b-1 AlEBl6EZ19+ uene~g ~ apeuueN_wo~d BE:tI 70-lZ-daS •AI ~~~ ~~~ • •~• • t ^lY~ YY 1t•Y~lY IY _. 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Y •' - ~ i 7 r ~' ~' ' ~ 1 . _ - ~. _ ~( .. l l 1 _. .. - - ~~~ ' ' ,•:'~ 1r~ ~ ' , . ~.. r: '. .....r~" -..___~--~-- i-35W E8Z-d Yi0Jgl0 d 6ea-1 Oie81£EZi9+ uene~g ~ ,cpeuue}i.wo~j 9~~ii VO=ZZ-~aS -- - -- AGENDA SECTION: Other .Business .AGENDA ITEM # 8 REPORT # 158 ~- STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 2$, 2004 Related to: CITY COUNCIL GOAL(S~ NO. #32 AND/OR RICHFIELD 2020 GOAL~S~ NO N/A REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR ~ . REVIEW: ~ ~, r IGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of acceptance of the content of the MnDOT Letter of Understanding for 1-35 and Highway 62 Crosstown Commons Reconstruction Subject 4(f) Mitigation Agreement relating to Madison Park. I. RECOMMENDED ACTION: By Motion: Accept the content of the letter of understanding between MnDOT and the City of Richfield regarding the impacts of the I-35 and Highway 62 Crosstown Commons Reconstruction Project on Madison Park. II. BACKGROUND The expansion and addition of lanes to Highway 62 require the acquisition of right- of-way including a portion of Madison Park. The project will require MnDOT to acquire a permanent strip of land approximately 50 feet wide from the northern edge of Madison Park where it abuts Highway 62. This acquisition is approximately 0.4 acres (16,500 square feet) in size (see Parcel A in Exhibit A). The project also 0926 madison park involves the acquisition of the adjacent residential parcels both east and west of Madison Park that abut Highway 62. It is MnDOT's intent to do a "land exchange" with the City of Richfield for the remnant portions of these parcels to be added to Madison Park. The transfer of land to the City of Richfield will need approval from the Governor's Land Exchange Board. The remaining land available to the City from these parcels is approximately 6,000 square feet, so the net taking of land is equal to 10,500 square feet. Although the taking of land does not effect the current uses of the park, it is appropriate that the City of Richfield receive compensation for the mitigation of lost property, impacts, and construction easement arrangements. The attached letter of understanding addresses the intent and process of such mitigation. As a result of gathering input from the neighborhood at a meeting on May 18, 2004, and subsequent discussions with the Community Services Commission, the proposed mitigation plan is for MnDOT to provide replacement parkland elsewhere in the City or monetary compensation for the value of land lost. The monetary value of land lost will be determined by appraisals conducted by and negotiated to the satisfaction of both parties. In addition to the compensation to be agreed upon as the damages caused by the taking of the acquired property, MnDOT will provide to the City compensation to be agreed upon for the temporary construction easement (Exhibit C) necessary to build the Project. The amount of this compensation will be determined by the approximate value of improvements recommended by the Madison Park neighborhood and the Community Services Commission, listed in the attached letter. III. BASIS OF RECOMMENDATION A. POLICY • The attached letter is intended as a letter of understanding. A final agreement will be drafted and presented to City Council at a future date. B. CRITICAL ISSUES • MnDOT has a requirement at this time to include a letter of understanding with the City of Richfield identifying the intent and process for the mitigation of impacts to Madison Park in Section 4(f) of the project environmental impact study. C. FINANCIAL • MnDOT will reimburse the City up to $1,500 for the City's cost to obtain an independent appraisal of the value of lost parkland at Madison Park. D. LEGAL • Attorney Bob Lindall, Kennedy and Graven, has assisted staff with the draft of the attached letter and has provided valuable consultation. IV. ALTERNATIVE RECOMMENDATION~S~ • Refuse to give any parkland to MnDOT. This recommendation would delay reconstruction improvements planned for the Crosstown Commons. V. ATTACHMENTS • Letter of Understanding between MnDOT and the City of Richfield regarding the -35W and Highway 62 Crosstown Commons Reconstruction Subject 4 (f) Mitigation Agreement Relating to Madison Park, with Exhibits A, B & C. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None .~_~ ~NNESpT,9 0 n yF ?s Qp ~pF 7{tP~`' Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road B2 Roseville, MN 55113 September 21, 2004 Jim Topitzhofer Recreation Services Director City of Richfield 6700 Portland Avenue Richfield, MN 55423 SUBJECT: S.P. 2782-281; I-35W and Highway 62 Crosstown Commons Reconstruction Subject 4(f) Mitigation Agreement Relating to City of Richfield's Madison Park Dear Mr. Topitzhofer, The purpose of this letter is to document the current understanding between the 11~Iinnesota Department of Transportation ("Mn/DOT") and the City of Richfield ("City") regarding the impacts of the above-referenced project ("Project") on Madison Park, a Section 4(f) resource; mitigation for the identified impacts; and the remaining steps to implement Mn/DOT's commitment to mitigation. This understanding is the result of ongoing project coordination between Mn/DOT and the City as well as consultation between the City and the Madison Park neighborhood. Coordination will continue through to the satisfactory conclusion of the Project and agreement on all parkland mitigation commitments. Impacts to Madison Park Before the takings for the Project, Madison Park contains approximately 4.5 acres (196,020 square feet). The Project will require Mn/DOT to acquire a permanent strip of land approximately 50 feet wide from the northern edge of Madison Park where it abuts Highway 62. This acquisition is approximately 0.4 acres (16,500 square feet) in size. (Parcel A depicted in Exhibit A attached hereto). The design also involves the acquisition of the adjacent parcels both east and west of Madison Park that abut Highway 62. (Parcels depicted in Exhibit B attached hereto.) It is Mn/DOT's intent to do a "land exchange" with the City for the remnant portions of these parcels. The transfer of land to the City will need approval from the Governors Land Exchange Board. The remaining land available to the City from these parcels is approximately 6,000 square feet. If transfer of the Exhibit `B' parcels to the City is approved and completed, this results in net permanent parkland loss to Madison Park of 10,500 square feet or 0.24 acres. Temporary construction easements necessary during construction of the Project will possibly impact an additional 23,100 square -feet or 0.5 acres of Madison Park from May 1, 2005 to Dec 1, 2010. (Easement Parcel, depicted in Exhibit C attached hereto). During final design, Mn/DOT will try to reduce the limits of the permanent and temporary impacts to the park needed for construction. xa.,-ZS2s2s~i RC160-7 An equal opportunity employer The affected portion of Madison Park is occupied by mature evergreen trees, lawn, and a walking trail. The proposed highway improvements would not preclude the intended use of the remainder of Madison Park as a neighborhood park. We understand that the City of Richfield has no present plans to further improve the part of Madison Park that would be impacted by the proposed Project (Parcel A). However, loss of this area will nevertheless diminish the open space available within Madison Park and Mn/DOT understands the City's desire to keep as much of the parkland as possible for park purposes. Miti ation The objective of the parties is to make the City whole for loss of City parkland, loss of the walking trail and other improvements made to the Park, if any, within the lost parkland and to compensate for any diminished utility caused by the takings for the Project to the remainder of Madison Park. Mn/DOT recognizes the value that the City places on parkland within its City limits and intends to cooperatively work with the City on these mitigation efforts. Any land purchased, including replacement land, by Mn/DOT as part of this agreement would be a part of the land exchange negotiations and subject to the approval of the Governors Land Exchange Board. Mitigation of Project impacts to Madison Park would include the purchase, by Mn/DOT, of approximately 10,500 square feet of usable replacement land (or 16,500 square feet, if the conveyance to the City of the Exhibit `B' parcels is not approved and completed) in an amount that is reasonably comparable to the appraised value and other considerations/damages caused by the taking of Parcel A. The land would be located in the City of Richfield in a mutually agreeable location (preferably near Richfield Lake, the project storm water site). The conveyance of that land ("Replacement Park Land") would be in fee simple to the City of Richfield, without cost to the City, or if the .City so chooses, an arrangement t ''C}°an agreed upon monetary compensation based on the appraised value and other considerations/damages caused by the taking of Parcel A from Mn/DOT to the City. In addition to the agreed upon compensation for the taking of Parcel A, Mn/DOT intends to provide an agreed upon compensation based on the appraised value and other considerations/damages of the temporary construction easement (Exhibit C) necessary to build the project. It is Mn/DOT's understanding that these monies would be used by the City to make improvements to Madison Park, with improvements proposed to include: 1. Construction of bituminous paths to complete a loop around the park, including restoration of the existing path on the north side of the park that will be directly affected by the Project, as well as a new path along the south side of the park. 2. Addition of four new play swings to the existing play equipment structure including concrete border, wood resilient surface and drain tile. 3. Installation of a sustainable energy source to the existing park shelter. 4. Addition of needed landscaping throughout the park, including but not limited to, replacement of landscaping that will be directly affected by the Project. RII.,-zsas2s~1 RC160-7 5. Installation of four security lights along the noise wall. 6. Construction of a safety net on the noise wall to deter balls from being launched into the highway from the softball field. In the alternative, and in its sole discretion, the City may elect to buy replacement land for park purposes in a location within the City to be determined by the City and/or improve another park or other land to be used for park purposes in the City of Richfield and, in the event the City so elects, Mn/DOT intends to pay the City as compensation, an agreed upon amount based on the appraised value and other considerations/damages caused by the taking of Parcel A, if the City so chooses, plus the appraised value and other considerations/damages of the temporary construction easement (Exhibit C) for improvements to such park. Implementation 1. Mn/DOT intends to perform appraisals of the park land now within Madison Park to be acquired as right of way for the Project, including the damages caused to the City by the takings from the City in fee simple, the damages to the remainder of Madison Park (if any), and those resulting from the taking of the temporary easements and of the adjacent remnant residential parcels (Exhibit `B' parcels) which are proposed to be a part of a land exchange with the City. Mn/DOT would provide copies of the appraisal reports and any review appraisal reports relating thereto to the City. In addition, Mn/DOT intends to reimburse the City for appraisal fees incurred by the City in securing its own appraisal report in an amount not to exceed $1500. If the City secures its own appraisal report, it will provide a copy to Mn/DOT at the time of Mn/DOT reimbursement of the City's appraisal costs. 2. The City intends to establish a value of the desired improvements to Madison Park. 3. Mn/DOT and the City would negotiate the amount of compensation to be paid by Mn/DOT to the City using the appraised values mentioned in item #1, taking into account other considerations/information available to them, to reach a satisfactory agreement by both parties. 4. The City would install improvements funded by compensation from Mn/DOT on a schedule determined by the City. 5. Mn/DOT intends to coordinate with the City throughout Project construction planning to identify opportunities for cooperation on installation of improvements. Construction performed by Mn/DOT would reduce the amount of payment to the City for temporary or permanent parkland. R.a,-as2sas~i RC160-7 City Concurrence Mn/DOT requests the City's concurrence with the understanding detailed above by signature of the aclrnowledgement form provided at the bottom of this letter. This memo is not a binding agreement. A formal agreement between the City of Richfield and Mn/DOT will be written transferring money and/or performing a land exchange based on this understanding and continued communications with the City. Mn/DOT appreciates the continued positive involvement by City staff in helping to assure that this important Project is designed in the most context-sensitive manner and moves forward in a timely manner. Please feel free to contact us if you have any questions or need additional information. Sincerely, John Griffith Mn/DOT Metro Division APPROVED: CITY OF RICHFIELD By: Samantha Orduno City Manager Date: , 2004 RJL-zsz8as~1 RC160-7 / u / / ~ /~ ~ ~ I J ``~ " ~; + 6'9L+ . 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O Wd SS~ZZ~6 AGENDA SECTION: Resolution AGENDA ITEM # ] REPORT # j5] ~' STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 28, 2004 Related to: CITY COUNCIL GOAL(S~ NO. 29 REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: AND/OR RICHFIELD 2020 GOAL(S) NO NA PAM DMYTRENKO ASSISTANT TO THE CITY MGR NAME, TITLE S NATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the contract with the Firefighters IAFF Local 1215 for the contract eriod Janua 1, 2004 throu h December 31, 2004. I. RECOMMENDED ACTON: By Motion: Adopt the resolution approving the provisions of the 2004 labor agreement with the Firefighters IAFF Local 1215 bargaining unit and authorize the City Manager to execute the agreement. II. BACKGROUND After extensive negotiations, City staff has reached a tentative agreement with the Richfield Firefighters IAFF Local 1215 (Union). The provisions of the contract agreement for 2004 cover all employees in this Union. There are twenty-four (24) employees represented in this unit. 0511 Police contract2004 The tentatively approved settlement includes the following substantive changes: 1. Wages A 3% across-the-board wage increase, effective January 1, 2004. 2. Health Insurance A $50 increase to the Employer health insurance contribution for contract year 2004 which provides full coverage to single Employee, $565 per month for Employee plus spouse or Employee plus child(ren) coverage, and $580 per month for Employee plus family. 3. Long-term Disability Insurance Employees with a qualifying disability will be eligible to receive long-term disability insurance at 60% of their base benefit level. The LTD can either be accessed after 6 consecutive calendar months or after the employee's sick leave and/or disability reserve bank has been completely exhausted. 4. Compensatory Time This article was removed from the contract. 5. Clothing Allowance An increase of $20 in the clothing allowance to $680. III. BASIS OF RECOMMENDATION A. POLICY • The City has met and negotiated in good faith with the Union and its representatives and is bound under the Public Employer's Labor Relations Act to meet and bargain over the terms and conditions of employment. • The 2004 proposed settlement is the last union contract to be settled for 2004 and is identical in wages and health insurance provisions to the City's other four bargaining units and the non-union City employees. The contract provisions are also well within the range for other comparable bargaining groups in similar metro cities. B. CRITICAL ISSUES • In order to allow the City's accounting personnel to modify payroll records in a timely manner for 2004 wages and benefits, it is recommended that the City Council act on September 28, 2004 to adopt the attached resolution providing for contract changes, effective January 1, 2004. • It is important for the City Council to act on September 28, 2004 so that the long-term disability coverage can take effect by the agreed-to date of October 1, 2004. C. FINANCIAL • 3% wage increase. • $50 increase in Employer monthly contribution towards health insurance coverage. • $20 annual increase in clothing allowance per employee. • Approximately $4,600 annual cost to provide long-term disability coverage to the bargaining unit members. The cost for 2004 is approximately $1,150. D. LEGAL • If the terms of this agreement are not approved, further negotiation and/or mediation will be necessary. IV. ALTERNATIVE RECOMMENDATION~S~ • Do not approve the terms of this agreement and prepare for further negotiation and/or mediation. • Defer discussion to another date. V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 1215 BARGAINING UNIT FOR THE YEAR 2004 WHEREAS, the City Manager and the Richfield Firefighters IAFF Local 1215 have reached an understanding concerning conditions of employment for year 2004; and WHEREAS, it would be inappropriate to penalize IAFF Local 1215 members who have negotiated in good faith; and WHEREAS, the City Ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be completed by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City of Richfield and IAFF Local 1215 Bargaining Unit for year 2004, under the provisions of the. Labor Agreement to be implemented, effective January 1, 2004 and authorize the City Manager to execute the contract. Adopted by the City Council of the City of Richfield, Minnesota this 28th day of September, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 28, 2004 Consent 5C 156 Related to: CITY COUNCIL GOAL(S~ NO. N/A AND/OR RICHFIELD 2020 GOAL~S~ NO N/A REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION - SERVICES DIRECTOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR ~ ..- ---~ ~' REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of approval of bids and award of contract to Fred Zamboni Company for the urchase of one ice resurfaces. I. RECOMMENDED ACTION: By Motion: Approve. bids and award of contract to Zamboni Company for the purchase of a new electric ice resurfaces in the amount of $57,091..77. II. BACKGROUND The Richfield .Ice Arena utilizes two electric ice resurfacers to maintain an ice surface suitable for hockey and other ice activities. The oldest of the two ice resurfacers, Zamboni 552, has exceeded its scheduled useful life of ten .years. Maintenance and repair costs are escalating with this equipment and the metal frame is badly rusted. It is time to trade the tired Zamboni for a new ice resurfaces. 0810 zam The new unit will need to be capable of performing the following tasks under the operation of one person: 1) Plane the ice 2) Pick up and store snow 3) Wash and squeegee ice surface 4) Distribute water for freezing sheet of ice 5) Dump snow from storage tank The specifications require an electric motor to propel the equipment, which doesn not emit carbon dioxide and other harmful emissions like a gas engine does. The equipment needs to be four-wheel drive to ensure proper handling on the ice. Alternates to the base bid include advertising racks to recognize sponsors, water gun for batteries, and electronic water-level sight gauge. Because the batteries have just been replaced in the existing Zamboni 552, these new batteries can be used in the new resurfacer. Thus, a deduct for heavy-duty acid batteries were also included as an alternate. Zamboni Company was the only bid received. The Zamboni Company's proposal included: BASE BID $86,583.46 ALTERNATES: DEDUCT HEAVY-DUTY ACID BATTERIES $ 6,000.00) ADD ADVERTISING RACKS $535.29 ADD WATER GUN FOR BATTERIES $798.69 ADD ELECTRONIC WATER LEVEL SIGHT GUAGE $274.33 LESS TRADE-IN OF 1994 ZAMBONI 552 $(24,500.00 TOTAL: $57,091.77 The bid also includes the attached manufacturer's warranty, which meets the requirements detailed in the specifications (two years or 2,000 hours free of defects, one year parts and labor). III. BASIS OF RECOMMENDATION A. POLICY • When the purchase. of equipment exceeds $50,000, the bidding process is required. Bids were solicited and the opening of the sealed bids took place on Thursday, September 16, 11:00 am. The bidder included a certified- check as a "performance" bond. B. CRITICAL ISSUES • It is important that each ice sheet has a resurfacer so that ice schedules can be maintained. During high school games and tournaments, the ice resurface times vary depending on the number of penalties, stoppage of play and injuries: With only one ice resurfacer for two sheets of ice, it is very likely that ice rental schedules on the second sheet would not be maintained while high school games and tournaments are being played. There will also be unavoidable occasions when ice resurfacing will be pre-scheduled at the same time on both ice sheets. In addition, the only access for the resurfacer from rink to rink is by driving outdoors. This takes a couple of minutes and requires washing of the tires before entering the rink. • The two most important pieces of equipment in the arena operation are the compressors for making the ice and the resurfacer for cleaning and maintaining the ice surface. Without a resurfacer, you would not be able to operate the arena. Therefore, dependable resurfacers are crucial. C. FINANCIAL • The new ice resurfacer will be funded by the approved 2005 Central Garage and Equipment Fund through general obligation capital. notes. • The Zamboni Company's contract amount is $'57,091.77 including alternates. D. LEGAL s The purchase cost exceeds $50,000, so the bid process was followed, ensuring a fair and responsible selection process. The advertisement for bid was published in the Richfield Sun, the bidders were asked to sign an affidavit of non-collusion and bid form, include specifications and a bid bond or certified .check. • Fred Zamboni & Co. was the only bidder. IV. ALTERNATIVE RECOMMENDATION(S~ • City Council may decide. to postpone the award of contract and continue to utilize the 1994 Zamboni 552. Repair and maintenance costs are expected to continue to increase with this equipment. The current battery pack would need to be replaced in 2005 at an estimated cost of $7,000. The repairs in hydraulic pumps, motors, bearings and controls could range from $2,000 to $5,000. It is also likely that unexpected breakdowns will occur as the machines ages and may unexpectedly render the machine inoperable. V. ATTACHMENTS • Specifications and bide documents • Manufacturer's warranty Bid Tabulation Contract between City of Richfield and Fred Zamboni & Co. VI. PRINCIPAL PARTIES EXPECTED AT MEETING None Specifications and bid documents for ONE NEW ICE RESURFACER for the Richfield Ice Arena 636 East 66T" Street Richfield, MN 55423 City Bid No. 04-08 Bid Opening Thursday, September 16, 2004, 11:00 am Richfield City Hall 6700 Portland Ave Richfield, MN 55423. NOTICE OF ADVERTISEMENT. FOR BIDS FOR ONE (1) NEW ICE RESURFACER & EQUIPMENT CITY BID N0.04-08 CITY OF RICHFIELD, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids will be received at the office of the City Clerk in the City of Richfield, Hennepin County, Minnesota until 11:00 am on the 16th day of September, 2004 and will be publicly opened and read aloud by the City Clerk in the Council Chambers of the Richfield City Hall on the above date, said bids to be for furnishing One (1) New Ice Resurfacer and Equipment Bids arriving after the designated time will be returned unopened. All bids shall be made on the proposal forms of the city and shall be accompanied by a cashier's check, bid bond or certified check, payable to the City of Richfield for five percent (5%) of the amount of bid to be forfeited as liquidated damages in the event that the bid is accepted and the bidder shall fail to enter promptly into a written contract and furnish the required bond. Each bid and all papers bound and attached thereto, together with the bid guarantee, shall be placed in an envelope and securely sealed therein. The envelope shall. be so marked as to indicate the name of the bidder and the project name and shall be addressed to the City Clerk, City of Richfield, 6700 Portland Avenue South, Richfield, Minnesota, 55423. It may be mailed, delivered by messenger or submitted in person. Copies of the specifications will be furnished on request to any prospective bidder free of charge. Specifications may be picked up in person at the Richfield Ice Arena at 636 East 66th Street, Richfield, Minnesota. Mail requests may be made to the same address, Attn: AI Payne. No bidder may withdraw his bid within forty-five (45) days after the scheduled closing time for the receipt of bids. The Richfield City Council reserves the right to reject any and all bids and to waive informalities. Nancy Gibbs City Clerk AUXILIARY AIDS FOR INDIVIDUALS WITH DISABILITIES ARE AVAILABLE UPON REQUEST. REQUESTS MUST BE MADE AT LEAST 96 HOURS IN ADVANCE TO THE ADMINISTRATIVE SERVICES DIRECTOR AT 612-861-9702. Publish: September 1, 2004 ONE NEW ICE RESURFACER AND EQUIPMENT BID NO. 04-08 INSTRUCTIONS TO BIDDERS 1. GENERAL It is the intent of these specifications to detail and specify the requirements for furnishing one new ice resurfacer to the City of Richfield. Alternates and deviations from the specifications shall be detailed on the bidder's letterhead and shall be attached to the bid proposal, plus a complete description of the deviations, performance and test data and other information pertinent to making an evaluation. The burden of proof as to the merit of the proposed substitutions shall be upon the bidder. To substantiate proof, it may be necessary to provide a test of the equipment or provide other demonstrations and/or travel to existing machine locations. Any or all of these requests shall be honored at no expense or charge to the City of Richfield. Consideration in selection will be given to .indicated delivery dates. Bidders shall indicate on the attached proposal form the number of calendar days after award for delivery of vehicle to the purchaser. Delivery date shall not be earlier than January 1, 2005, and nofi later than 180 calendar days from the date the contract is approved by the Richfield City Council. 2. CERTIFIED CHECK OR BIDDER'S BOND Bids shall be accompanied by a certified check or cashier's check from-a solvent bank in an amount of not less than five percent (5%) of the amount of the bid, payable to The City of Richfield, Minnesota. In case the successful bidder fails or refuses to enter into the contract for the performance of the contract and to give bond as required by law, such check shall be forfeited to the city as liquidated damages. Bidder's bond will be accepted as substitute for certified check.. 3. FORM OF PROPOSAL Proposals or bids must be written and conform to the form hereto attached and directed to the City Clerk of the-City of Richfield, Minnesota, securely sealed, so as to prevent its being opened without detection, and endorsed: "BID FOR ONE (1) NEW ICE RESURFACER, BID NO. 04-08". Bids must be addressed to Richfield City Clerk and received by 11:00 am on Thursday,. September 16, 2004, at Richfield City-Hall, 6700 Portland Ave, Richfield, MN 55423. Pending: approval by the Richfield City Council at their meeting on Tuesday, September 28, 6:30 pm, the sale will be awarded by contract (copy included in this .packet) to the lowest responsible bidder that meets specifications. The bidder shall not stipulate in his proposal any conditions not contained in the contract conditions prescribed by the City. The City reserves the right to hold all bids for forty-five (45) days. BIDDERS ARE REQUESTED TO CHECK THEIR PROPOSAL CAREFULLY BEFORE ~~'~. SUBMITTING AS NO CLAIM FOR ERROR IN SAME WILL BE CONSIDERED-AFTER BIDS HAVE _~ BEEN OPENED. 3 4. BASIS OF CONTRACT AWARD AND PAYMENT It is the intent of the City of Richfield to award the bid to the lowest responsible bidder meeting the specifications, provided that the bid has been submitted in accordance with the bid requirements. The city reserves the right to waive any informality or irregularity in any bid received and to award the bid which is in the best interest of the city. The City of Richfield has the right to accept or reject the trade in on the 1994 Zamboni. Payment will be made following receipt and acceptance by the City of Richfield and upon receipt of invoice. 5. AUDIT All books, records, documents, and accounting procedures and practices of the successful bidder relevant to this contract shall, pursuant to Minnesota Statute 16.085, be subject to examination at all times by the city, and as appropriate, by either the Legislative Auditor or State Auditor. 6. NON-DISCRIMINATION The contractor shall be in compliance with all applicable Federal and .State statutes. and the City of Richfield's adopted Affirmative Action Program regarding non-discrimination and equal employment opportunity. Failure to comply with such statutes and/or Affirmative Action Program may lead to the nonaward of the contract or once a contract has been let, the cancellation of such contract. 7. TAX EXEMPTION The City of Richfield is an instrumentality of the State of Minnesota and is subject to the general State sales tax provisions as of June 1; 1992. However, the City is not subject to Federal Excise Tax, and is exempt from the. State sales tax for certain purchases. Appropriate certificates shalt be furnished if required. y ONE NEW ICE RESURFACER AND EQUIPMENT BID N0.04-08 SPECIAL PROVISIONS The following specific requirements are made for the furnishing of one new, currently-manufactured model, self-propelled ice rink resun`acing unit to the City of Richfield. 1. GENERAL The unit shall be so designed that the following can be achieved with cone-person operation: Plane the ice Pick up and store snow Wash and squeegee ice surface Distribute water for freezing sheet of ice Dump snow from storage tank The unit shall be the manufacturer's currently advertised production model and shalt be delivered complete and ready for service. The unit. shall be equipped with all the manufacturer's standard equipment as advertised, whether or not specifically mentioned in these specifications, in addition to all other equipment and attachments herein. 2. DETAIL DESCRIPTION The unit shall conform to the following minimum. requirements:. A. CHASSIS Chassis shall be equipped. with four (4) wheel drive and-front wheel steering. Control of steering is to be done by an automobile-type steering wheel. B. VEHICLE POWER Vehicle shall be powered with a 510-Amp Hour heavy duty industrial typeleadacid batteries. C. VEHICLE DRIVE Machine shall have a traction drive motor directly mounted to a transfer case. Drive motor shall be a minimum 15 HP. Vehicle shall have a speed range of 0-12 mph, and shall be controlled through a foot operated device. D. ELECTRIC CONTROLS Machine shall have electric controls with full diagnostic capabilities and dash display. E. AXLES Axle loading shall be fully approved by the original equipment manufacturer for the application and minimum. capabilities of axles shall be: Front: 6,400 lbs. Rear: 6,200 lbs. F. BRAKES Machine shall have front disc brakes, rear drum brakes and a parking brake. - G. HYDRAULICS - Machine shall include an auxiliary hydraulic pump thatpowers the machine's hydraulic system. Pump will be driven by a separate electric motor. 5 H. SHAVING & CONDITIONING UNIT Machine shall be equipped with a 77" shaving blade. Blade holding apparatus shall secure the blade so that the ends are tapered upward approximately 1/16" to insure a feather edge effect under normal shaving conditions. Shaving apparatus shall include a down pressure system that provides constant downward force on the shaving blade. The blade height and angle adjustment shall be made from outside of the shaving unit and accomplished in a single, easy procedure. The conditioner shall be powder-coated. I. SNOW CONVEYOR Snow shall be collected and carried from the surface of the ice by means of a conveyor system which throws the snow into the snow dump tank by ahigh-capacity stinger of approximately 16" in diameter. All conveyor augers shall have a minimum diameter of 10" and shall be double flighted. J. SNOW DUMP TANK Snow collection tank shall dump forward from a minimum height of 48". Dump tank shall be enclosed and actual volume provided for shavings shall be no less than 100 cubic feet. Dump tank shall also be able to hold at least 110 gallons of water than can be dumped at a location away from the ice surface. K. WATER STORAGE Ice-making water tank for restoring ice surface shall contain at least 200 gallons of water and shall be made of high density polyethylene. Awash water tank constructed of high density polyethylene with a capacity of at least 82 gallons will be available forwashing ice surface. L. WASHING SYSTEM Awash water pump and squeegee shall be installed on the machine. The operator must be able to wash the ice or remove excess water, as ice surface conditions require. The water pump shall be a 1.25" self-priming pump. M. TIRES Tires shall be LT 245/75 R16 steel belted radial tires with double-shoulder tungsten-tip studs for traction or equal N. GUIDE WHEEL Roller shall be attached to the left front of the machine to protect both machine and boards in the rink corners. Roller shall be made of non-marking rubber. O. BOARD BRUSH A brush attachment shall be installed on the machine that is capable of brushing away accumulated snow at the base of the .dasher boards. The brush attachment will be hydraulically-powered through an electronic control valve. The switch to activate the system will be located- on the instrument panel. The brush shall be approximately 15" in diameter and will rotate only when extended to the operating .position. When not in operation, the brush will be capable of being retracted to'a position close to the body of the. machine and raised above .the ice surface. The attachment shall be designed so that the hydraulic cylinder absorbs the shock while the assembly is against the boards during the brushing process. .Attachment will also have a plastic roller attached to the end of the arm to act as a guide roller while against the boards. ~i P. ADDITIONAL ITEMS TO BE INCLUDED 1. One (1) spare tire and wheel 2. One (1) hydraulic jack for raising unit. 3. One (1) spare shaving blade. 4. One (1) set miscellaneous tools as may be required for servicing unit. 5. One (1) pint touch-up paint (each color): 6. One (1) water pump impeller. 7. One (1) service/maintenance manual. 3. ALTERNATE ITEMS The following items will be optional as part of the ice resurfacing unit: A. ADD ADVERTISING RACKS Racks shall accommodate signs of at least 27" x 72" and allow easy exchange of signs. B. ADD WATER GUN FOR BATTERIES C. ADD.. ELECTRONIC WATER LEVEL SIGHT GUAGE D. DEDUCT HEAVY-DUTYACID BATTERIES 4. LABELS AND WARNINGS Equipment shall comply with the American National Standards (ANSI Z 35:1) and National Safety Council recommended practices for signs and warnings. 5. TRAINING Supplier shall furnish training and instruction on safe operation of ice resurfacing unit, emphasizing resurfacing function and machine controls. 6. GUARANTEE The resurfaces shall carry cone-year warranty on all labor and atwo-year or 1,000 hour warranty on all parts. The suppliershall hold the City of Richfield: free and harmless from any patent infringements suits arising out of the purchase of this resurfacing unit. NOTE: The City reserves the right to accept, or reject any combination. of the base bid and alternates which staff determines to be in the best interest of the City. 7. REFERENCES The bidder shall furnish the names of five (5) locations where the unit bid are presently in operation. Along with the names of the locations, bidder shall furnish complete addresses, telephone numbers and contact persons. Bidders failing to furnish this information maybe disqualified. NOTE: The contact person for information on technical specifications is AI Payne, Ice Arena Manager, 612-861-9351.. 7 Bid No. 04-08 CITY OF RICHFIELD, MINNESOTA 6700 Portland Avenue South PROPOSAL FORM for ONE (1) NEW ICE RESURFACER TO: Richfield City Council The undersigned hereby agrees to provide the unit specified in accordance with the contract and approved specifications of the City of Richfield, Minnesota. BASE BID: One (1) New ICE RESURFACER (without charger) $ 86, 583.46 ALTERNATES: DEDUCT HEAVY-DUTY ACID BATTERIES $( 6, 000.00 ) ADD ADVERTISING RACKS ~ 535, 29 ADD WATER GUN FOR BATERRIES $ 1 fig, ~o ADD ELECTONIC WATER LEVEL SIGHT GUAGE $ 2-74 ~ 33 LESS TRADE-IN OF 1994 ZAMBONI 552 $( 24T500 ....00 ** TOTAL $ 57,091.77 Estimated Delivery Date: 200 Days or sooner A.R.O. Descriptive literature for this equipment is enclosed as part of this proposal. Equipment is to be completely serviced by the dealer before delivery, subject to inspection and approval by the Facility Manager of the Richfield Ice Arena. No material deviation from the specifications will be permitted. Bid price does not include Federal or State taxes. It is agreed that the units will be delivered after January 1, 2005, but not after 180 days from the approval of the contract. Delivery will be made to the Richfield Ice Arena, 636 East 66th Street, Richfield, Minnesota. Bidders are required to complete the attached Affidavit of Non-Collusion. Failure to comply shall result in disqualification of bid. '' BUSINESS NAME Zamboni Company ADDRESS 5 Co ora o Ave paramount Ca 90723 PERSON SUBMITTING PROPOSAL Doug Peters TITLE Regional Sales Manager TELEPHONE 800-9 -2664 AUTHORIZED SIGNATURE NOTE: Bids to be opened at 11:00 am on Thursday, September 16, 2004. CITY OF RICHFIELD ATTN: CITY CLERK 6700 Portland Avenue Richfield, Minnesota 55423 ** Price does not include any applicable sales tax as we do not collect. sales taxes for any states other than California. It is purchasers responsibility to report and pay any applicable sales taxes. AFFIDAVIT OFNON-COLLUSION REQUIRED OF BIDDERS I hereby swear (or affirm) under the penalty for perjury: 1. That I am the bidder (if the bidder is an individual), a partner in the bidder (if the bidder is a partnership), or an officer or employee of the bidding corporation having authority to sign on its behalf (if the bidder is a corporation); 2. That the attached bid or bids have been arrived at by the bidder independently, and have been submitted without collusion with, and without any agreement, understanding, or planned common course of action with, any other vendor of materials, supplies, equipment or services described in the invitation to bid, designed to limit independent bidding or competition; 3. That the contents of the bid or bids have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or its surety on any bond furnished with the bid or bids, and will not be communicated to any such person prior to the official opening of the bid or bids; and 4. That I have fully-inn ied~yself regarding the accuracy of the statements made in this affidavit. Signed: Firm Name: ~~a ~ K ~~ ~~ ~.~on.l ~'o . , .-z ~- ~ Subscribed and sworn to before me this~day of ~~m ~`~ 2004. ~~ ~~ 1, ~ ! ~,~ ~ ~~~ ANORA WYCNGEL (/v (/V , - Comm. ~` 1306157 ,^ ~ • NOTARY PUBLIC-CAUfOAN~A N NOTARY PUBLIC ~ ~ , I.us Angeles County MY COMMISSION EXPIRES_ yY1GL(~ ~ ~ ,20 bU ~ . ~ Ny Cumm. Expires May 27, 2005c~ Bidder's E. I. Number (number used on employer's quarterly Federal Tax Return, U.S. Treasury Department Form 941): 95-2982.566 Fair Trade Items List below each item upon which a bid is made, the price of which is affected by a resale price maintenance or "fair trade" contract between the bidder and the person or firm supplying the item to the bidder. (Use reverse side if necessary). CITY OF RICHFIELD, MINNESOTA STATEMENT OF INTENT TO COMPLY WITH EEO AND AFFIRMATIVE ACTION REQUIREMENTS The City of Richfield and various funding sources that are used for major capital projects have requirements and standards to ensure equal employment opportunities and anti-discrimination practice. These standards must be met in order to receive the funds described above. The undersigned hereby states that he fully intends to comply with these standards as required by the regulations of the City and the funding agencies. DATE: 9-14-04 SIGNATURE: ~'"' TITLE: Regional Sales Mgr FIRM NAME AND ADDRESS: Zamboni Company 15714 Colorado Ave Paramount CA 90723 FRANK J. ZAMBONI 8c CO., INC. 1 571 -l Colorado r\venue Paramount, CA n0723-(1770. • • Phone (562)633-0751 Fax (562 63:3-93h r•r_~~~~c~~7iT7 FIFTY YEARS MANUFACTURER'S WARRANTY The Frank J. Zamboni & Co., Inc., hereinafter referred to as Zamboni®, warrants all parts, and materials, manufactured by Zamboni® and installed on the ice resurfacer, to be free from defects in material and workmanship under normal use for a period of two (2) years or 2,000 hours, whichever comes first, (1 year parts and labor, 1 year parts replacement only) following shipment from our factory to the original user. All parts purchased by Zamboni® and installed on the ice resurfacer will carry the guarantee of their manufacturer. The obligation of Zamboni® under this warranty is limited to replacing at our factory any part or parts supplied by us, which shall, within the warranty period, be returned to us with transportation charges prepaid, and which our examination shall disclose to our satisfaction to have been defective. This warranty being expressly in lieu of all other warranties expressed or implied, and of all other obligations or liabilities on our part. Zamboni® neither assumes nor authorizes any other person to assume for us any other liability in connection with the sale. Zamboni® reserves the right to inspect service records for evidence of regular maintenance and proper care of the machine. The warranty will not apply to damages or failures resulting from misuse, negligence, accident, alteration or improper service. Zamboni® reserves the right, at any time or times, to revise or modify, discontinue or change any models of the ice. resurfacer, or any part or parts thereof, without notice, and without incurring any liability or obligation to the purchaser. FRANK J. ZAMBONI & CO., INC. FRANK J. ZAMBONI & CO., LTD. sall2yrwty.l +1 ~ . CITY OF RICHFIELD, MINNESOTA Bid Opening September 16, 2004 11:00 a.m. One New Ice Resurfacer City Bid No. 04-08 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for one new ice resurfacer, bid no. 04-08, as advertised in the official newspaper on September 2, 2004. Present: Nancy Gibbs, City Clerk Doris Swanson, City Manager Representative Jim Topitzhofer, Recreation Services Director AI Payne, Facilities Manager The following bid was submitted and read aloud: Name Frank Zamboni & Company, Incorporated Parumount, California Bid Securit $4500 Certified Check Base Bid $86,583.46 Alternates Deduct Heav -Dut Acid Batteries -$6,000 Add Advertisin Racks $535.29 Add Water Gun For Batteries $198.69 Add Electronic Water Level Si ht Gau e $274.33 Less Trade-In Of 1994 Zamboni 552 -$24;500 TOTAL $57,091.77 The City Clerk announced that the bid would be tabulated and considered at the September 28, 2004 City Council Meeting. Nancy Gibbs City Clerk CITY OF RICHFIELD HENNEPIN COUNTY, MINNESOTA CONTRACT FOR PURCHASE OF ONE ICE RESURFACER Contract No. 2675 THIS AGREEMENT, made this 28th day of September, 2004, .between the City of Richfield, Minnesota, acting by and through its Mayor and City Manager, herein called the "City," and Frank Zamboni & Co., herein called the "Seller," witnesseth; that the Seller, in consideration of the payment of the contract price therefor, amounting substantially to Fifty-Seven Thousand, Ninety-One. and 77/100 Dollars ($57,091.77), agrees to furnish one ice resurfacer and all related equipment as detailed in the specifications and bid documents, which is hereto attached and hereby made a part of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The Seller agrees that the ice resurfacer is subject to inspection and approval. of the City and .shall provide. aone-year warranty on all labor and atwo-year or 1,000-hour warranty on all parts. This contract also provides that the ice resurfaces will be delivered and prepared for full functionality to the Richfield Ice Arena, 636. East 66 Street, within 180 days of the contract date. It is understood that no further work, materials or special provisions not detailed in the specifications and bid documents are required under this agreement. It is further agreed that the City shalF not be personally liable or responsible in any manner to the Seller for any claim, demand, damages, actiosn or causes. of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and improvement provided herein. Dated at Richfield, Minnesota, this 28th day of September, 2004,. by CITY OF RICHFIELD " SAMANTHA ORDUNO, CITY MANAGER MARTIN J. KIRSCH, MAYOR AND BY FRANK ZAMBONI & CO. FRANK ZAMBONI, OWNER 0810 zam AGENDA SECTION: AGENDA ITEM # REPORT # -. ~ 1d r k'- STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 28, 2004 CONSENT 155 Related to: CITY COUNCIL GOAL(S~ NO. N/A REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR ~" REVIEW: REVIEWED BY CITY MANAGER: AND/OR RICHFIELD 2020 GOAL(S) NO N/A ROBERT PIINTGEN, ACTING UTILITIES SUPERINTENDENT NAME, TITLE SIGNATURE- ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution certifying: delinquent sewer and water utility accounts to the County Auditor. I. RECOMMENDED ACTION: By Motion: Adopt the resolution certifying unpaid sewer and .water service charges to the County Auditor to be collected with. other taxes on said properties... IL BACKGROUND Chapter Vll of the Richfield Ordinance Code provides that unpaid water and sewer charges may be certified to the County Auditor o be included in a property owner's annual property tax bill... The Ordinance Code also authorizes a certification fee to be charged against each delinquent account. By certifying the delinquent charges to the property taxes for the delinquent properties, the City is assured of ultimately collecting the delinquent charges. 0928delinquent In 2003 the City Council certified $140,151.79 of delinquent charges for 304 properties, an average cost of $461.03 per account. The 2004 certification currently under consideration totals $210,890.44 for 704 properties, an average of $299.56 per account. Staff expects that, as in years past, many of the now delinquent accounts will be paid before certification. III. BASIS OF RECOMMENDATION A. POLICY • State Statute and Chapter VII of the Richfield Ordinance Code provide that unpaid water and sewer charges may be certified to the County Auditor to be included in a property owner's annual property tax bill. B. CRITICAL ISSUES • Property owners owing utility charges will be notified in August and September that failure to pay the amount owed will result in certification to the. property owners' taxes.. C. FINANCIAL • Throughout the year, the Division bills and collects charges for water, wastewater and torm water from accounts within the City. The charges include a 6.5% .penalty on unpaid .balances. This. penalty is paid quarterly against the accrued. unpaid balance. The delinquent accounts must be certified to the County Auditor in order for the City to collect the charges. through the property tax process. A $25 certification is charged to .each account assessed to .taxes. The, assessment is spread over a period of one year at the rate of 8% per annum. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the resolution..: However, the certification :process is the only process the City has to collect these delinquent accounts. V. ATTACHMENTS • Resolution authorizing certification of unpaid-sewer and -water service charges to the. County Auditor to be collected with other taxes on said properties VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. RESOLUTION AUTHORIZING CERTIFICATION OF UNPAID SEWER AND WATER SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES WHEREAS, Ordinance Code 715 establishes rules, rates and charges for water service in the City of Richfield; and WHEREAS, Minnesota Statutes 444.075 provides that all delinquent water service charges not paid may be certified to the County Auditor and shall be collected with other taxes on such property; and WHEREAS, Ordinance Code 705 established rules, rates and charges for sanitary sewer service in the City of Richfield; and WHEREAS, 705.19 thereof provides that all sewer services charges nqt paid with 15 days after the quarterly due date may be certified to the County Auditor with taxes against such property, and shall be collected with other taxes on such property; and WHEREAS, Ordinance Code 720 established rules, rates and charges for storm water service in the City of Richfield; and WHEREAS, 705.19 thereof provides that all storm water service charges not paid may be certified to the County Auditor with taxes against such properties, and shall be collected with other taxes on such property; and WHEREAS, an assessment roll has been prepared specifying the amount, which shall be certified against each particular property: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. There is hereby .determined to be a total uncollected amount for water, sanitary sewer and storm service of $210,890.44. 2. That a $25 certification charge shall be levied against each delinquent account, such charges totaling $17,600.00. 3. That the above-described assessment be spread over a period of one year at the rate of 8% per annum. 4. That such amount be hereby certified to the County Auditor for collection with other taxes on said properties. 5. That a copy of the resolution. shall be sent to the Hennepin County Auditor. Adopted by the City Council of the City of Richfield, Minnesota this 28th day of September 2004. ATTEST: Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # rjA REPORT # 15~+ ~~ STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 28, 2004 Related to: CITY COUNCIL GOAL(S) No. N/A REPORT PREPARED BY: AND/OR RICHFIELD 2020 GOAL(S) NO N/A NANCY GIBBS, CITY CLERK NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ li~~ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolutions appointing additional election judges and high school student trainee election 'ud es for the November 2, 2004 General Election I. RECOMMENDED ACTION: By Motion: Adopt the attached election judges and appointing fudges for the General Election resolutions appointing additional high school student trainee election on November 2. 2004. II. BACKGROUND Minnesota Statute 2046.21 Subd. 2 provides that election judges for precincts in a municipality shall be appointed by the governing body of the municipality and that the appointments be made at least 25 days before the election at which the election judges will serve. On August 10, 2004, the City Council passed Resolution No. 9495, which appointed as election judges individuals whose names were on the updated election judge 0928Elections availability list. That appointment by the City Council allowed for them to serve as election judges at the Primary Election, the General Election or both elections. Election judges are assigned to the precincts based on availability, party balance and the number required for each election. The General Election will require assignment of the greatest number of available judges. Since the August 10 City Council appointment of election judges, the City Clerk's office has received several additional names of individuals who are eligible and able to serve as election judges for the Tuesday, November 2, 2004 General Election. Also Minnesota Statute 204B.19, Subd. 6 provides that a student enrolled in a high school in Minnesota who has attained the age of 16 is eligible to be appointed as a trainee election judge (without party affiliation) in the county in which the student resides. The student must meet qualifications for trainee election judges specified in rules of the Secretary of State. A student appointed as a trainee election judge may be excused from school attendance during the hours that the student is serving as a trainee election judge if the student submits a written request signed and approved by the student's parent or guardian to be absent from school and a certificate from the appointing authority stating the hours during which the student will serve as a trainee election judge to the principal of the school at least ten days prior to the election. The principal of the school may approve a request to be absent from school conditioned on acceptable academic performance. The City utilized high school student trainee election judges in the 1994, 1996, 1998, 2000 and 2002 elections. The City Clerk's office again has worked with Richfield High School and the Academy of Holy Angels to facilitate .student participation in the High School Student Trainee Election Judge Program for the November 2, 2004 General Election. The City Clerk's office has received a list of students who are eligible and able to serve as student trainee election judges for the Tuesday, November 2, 2004 General Election. III. BASIS OF RECOMMENDATION A. POLICY • .The City Council is required by state statute to make election judge appointments at least 25 days prior to the election. • The proposed resolutions contain names of those qualified individuals who have indicated a willingness and ability to serve as an election judge and names of high school student trainee election judges for the November 2, 2004 General Election. B. CRITICAL ISSUES ,-~ If the City Council does not appoint additional election judges or high . _ school student trainee election judges, the conduct of the election would be hindered. C. FINANCIAL • Election judges are paid the following compensation: Chair $10.00 per hour Assistant Chair $ 9.00 per hour Judge $ 8.25 per hour Student Trainee Judge $ 8.25 per hour D. LEGAL • Compliance with Minnesota Statute 2046.21, Subd. 2 regarding election judges. • Compliance with Minnesota Statute 2048.19, Subd. 6 regarding high school student trainee election judges. • The General Election will be conducted on Tuesday, November 2, 2004. Therefore, the City Council should appoint additional election judges and student trainee judges to serve at this election. IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council could choose not to appoint the additional individuals who are named on the resolution to serve as judge. V. ATTACHMENTS • Resolution appointing additional election judges for the General Election of November 2, 2004. • Resolution appointing high school student trainee election judges for the General election of November 2, 2004. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES FOR THE GENERAL ELECTION OF NOVEMBER 2, 2004 WHEREAS, a General Election will be held on Tuesday, November 2, 2004. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, that the following are hereby appointed as judges for said election: Marilyn Birkelo Robert Boehlke Gail Brinkman Patrick Conness Anne Michelle Forbes Ruth Hiland Kathryn Jeffries Robert Kraus Johnathan McClellan Geraldine Nachicas Julia O'Sullivan Julie Remarcik Margaret Schouw Donald Timmons Jen Wodnick Janelle Zein Elabdin Thomas Birkelo Mary Boespflug Michael Broadwell Shari Fisher Gertrude Herll Ruth Hoglund Evelyn Johnstone Cherill Lindquist Cynthia Miller Linda Nemitz Diane Rappe Douglas Saxton Doris Thorson Linda Vigen Betty Young Denise Gajeski And, that these names be added to the list of those appointed as election judges in Resolution No. 9495. PASSED by the City Council of the City of Richfield, Minnesota this 28th day of September, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. _ RESOLUTION APPOINTING HIGH SCHOOL STUDENT TRAINEE ELECTION JUDGES FOR THE GENERAL ELECTION OF NOVEMBER 2, 2004 WHEREAS, a General Election will be held on Tuesday, November 2, 2004. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, that the following are hereby appointed as high school student trainee election judges for said election: Neveen Ally Eric Feely Nick Johnson Lauren Maertz Lolly Hana Jicle Chukura Bryan Herrera Anna Koloc Stephanie Hawkey Jon Trench Jessica Ruona Nick Saastad Kevin Greimef Joslyn Bolson Karsta Sunne Brian Hebner Dom DeMay Benny Towler Joseph Henderson Sothyreak Pheng Erica Haugen Alex Miles Katie Mattila Jenny Rinder Nate Poke ~ Arete Hampton Peter Lord Patrick Snaza Britta Alohe Kelly Tietze Jessica Rohrich Peter Ahmenkalns .Sharon Keller Lauren Schauer Dan Powis Becky Juarez Meghan Krantz Brittany Piatz Molly Guggenberger Matt Strot Marissa Moore Paul Wawra Justin Nelson Lucas Pedersen Chad Ernst Bailey Pratt Orlando Davis Jamia Haywood Bria James Jarel Benson Erin Mamahon Chloe Novak Nick Kush Pat Mueller Will Elkington Nate Davila Alton Martin Tom Weides Johanna Olmstead Marmar Elrashidi Heidi Janzig Megan Novak Dusty Hinz Matt Strot Dan White Josh Drew Tyler Cooper Chelsea Elliott Heidi Marston Jenni Schoeder Alexander Higgin-Houser Rob Bentley Jessie Lagaard Myles Buchanan Jessie Blount Kelly Hoffman Jenny Nelson Kennon Lowe Nikki Jensen Steven Adams Janice Twiss Britany Pugnem Erin Lindvall Anna Bishop Tipuaney McKenzie leesha Taylor Jacob Cree Tamara Baker Erin Schroeder Christi Lane Chatonn McClinton Javania Collins Lindsay Forslin Cassandra Grinde Reed Larson Dai Quavid Robinson Ray Brown Alex Haney Tate Quale Vorada Savengseuksa Hannah Carlson John Paszkiewicz Jenny Lindvall Zach Schmoll Sara Holtgrave James Feroe Christine Brivold Tyler Mendele 1 Jade Moen Callie Goodiev Chris Bittmann Derek Leonard Michael Olson Kevin Holl Thao Thai Justin Tran Dustin Wade Nyima Lhamo Gwen Gomez Caitlin Worley Brandon Stroth Kelsey Flanery Sam Magney Joe Rinkel Liem Ho Nichole Symons Alex LaCroix Peter Gonzalez Samantha Jennigeis Jolene Gunner Laurine Harper Octavius Crawford Dennis Robinson Tim Gilbert Chelsea Voltin Ashley Kleist Matt Harris Ashley Gibbs PASSED by the City Council of the City of Richfield, Minnesota this 28th day of September, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 2