The URL can be used to link to this page

03-11-03 agendaCITY OF RICHFIELD, MINNESOTA TUESDAY, MARCH 11, 2003 REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:30 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open Forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior fo the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special Concurrent City Council and HRA Meeting of February 14, 2003; (2) Special City Council Meeting of February 19, 2003; (3) Regular City Council Meeting of February 25, 2003; and (4) Special City Council Meeting of February 26, 2003 PRESENTATION 1. Recognition of Russ Susag, District 5 Metropolitan Council Representative Notes: COUNCIL DISCUSSION 2. Council Discussion Notes: AGENDA APPROVAL 3. Council approval of agenda CONSENT CALENDAR 4. 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. A. Consideration of approval of continuation of second reading of ordinance amendment to Richfield City Code Section 820.05 regarding legal notice requirements for vacating public ri~fi~-ofiway to'March'25; 2003-City Council meeting "S:R`: No:"52 B. Consideration of approval of establishing Tuesday, April 29, 2003 at 6:30 p.m. for 2003 Local Board of Equalization S.R. No. 53 C. Consideration of approval of resolution supporting legislation allowing Richfield Fire Department to establish ambulance service S.R. No. 54 D. Consideration of approval of resolution appointing Russ Susag to Richfield Tourism Promotion Board for three-year term ending December 31, 2005 S.R. No. 55 E. Consideration of approval resolution appointing Rhonda Osborne to Richfield Tourism Promotion Board for three-year term ending. December 31, 2003 S.R. No. 56 F. Consideration of approval of resolution between City of Richfield and MnDOT for federal participation in design of Lyndale Avenue bridge over I-494 S.R. No. 57 G. Consideration of approval of resolution opposing proposed closure of any suburban division courthouse of Fourth Judicial District S.R. No. 58 H. Consideration of approval of revised joint powers agreement between cities of Bloomington, Edina and Richfield and Southdale YMCA for construction, ownership and operation of YMCA Tri-City Skate Park S.R. No. 59 I. Consideration of approval of bid minutes/tabulation and award contract to A Top Notch Treecare for 2003 diseased tree removal on private property in amount of $83,766 S.R. No. 60 J. Consideration of approval of plans and specifications for construction of screening wall at Fountainhead Apartments as part of 76th Street Widening, Project S.R. No. 61 Notes: 5. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARING 6. Public hearing and consideration of second reading of transitory ordinance providing expenditure of funds from Special Revenue Fund for certain capital improvements Staff Report No. 62 Notes: RESOLUTIONS 7. Consideration of resolution approving provisions of 2003 labor agreement with Law Enforcement Labor Services Local 162 Staff Report No. 63 Notes: 8. Consideration of resolution approving provisions of 2003 labor agreement with Richfield International Union of Operating Engineers Local 49 Staff Report No. 64 Notes: OTHER BUSINESS 9. Consideration of appointment to City's Advisory Commissions Staff Report No. 65 Notes: CITY MANAGER'S REPORT 10. City Manager's report Notes: 11. Claims and payrolls Open Forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting, Notes: 12.Adjourn to Special City Council Closed Executive Session in Executive Conference Room for purpose of discussing proposed settlement with Pollution Control Agency regarding Warden Oil Super Fund site 13. Reconvene Regular City Council meeting 14. Report regarding proposed settlement with Pollution Control Agency regarding Warden ~~Oil.Super Ft~t~d -site Notes: 15.Adjournment of Regular City Council meeting Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 612-861-9702. AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING MARCH 11, 2003 OTHER BUSINESS 65 REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASST. NAME, TITLE COUNCIL PRESENTER: MARTIN .1. KIRSCH, MAYOR REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of appointments to City's Advisory Commissions. I. RECONIlVIENDED ACTION: By motion: Appoint persons to fill the terms on the City's Arts Commission and two unexpired terms on the Advisory Board of Health; and defer appointments on the Celebrations Commission. II. BACKGROUND • On December 22, 2002, the City Council established two new City advisory commissions; Arts Commission and Celebrations Commission. The goals of these commissions will be to promote the positive aspects of the community in new activities and events that will be exciting and fun for the people who. live and work in Richfield. - Arts Commission -The mission of this commission will be to promote activities, events and an awareness of various art forms such as theatre arts, art and design as well as community beautification. Membership. shall consist of 15 members. The date and time of meetings have yet to be determined. - Celebrations Commission -The mission of this commission is to develop, coordinate and promote celebration activities in the community. Examples include the Centennial celebration in 2008, marking the City's 100th anniversary of incorporation, holiday celebrations and special events that will bring together the people of Richfield to enjoy all the things that make this a great community. Membership shall consist of an unlimited number of members. The date and time of meetings have yet to be determined. 0311 commission In addition, two vacancies remain on the Advisory Board of Health following commission appointments in January. These terms expire January 31, 2004 and January 31, 2005, respectively. The recruitment was advertised in the Richfield Sun-Current, on cable television channel 16, outside message board at City Hall and Water Plant, City's Website, and in the January Your City. The deadline was originally January 31, 2003, but was extended by the City Council to February 7, 2003. Applicants were interviewed at a Special City Council meeting on February 19, 2003. Due to a minimal number of applicants for the Celebrations Commission, the City Council may defer appointments to this commission at this time. The City Council has directed staff to conduct another recruitment for the Arts Commission and Celebrations Commission seeking additional applicants. The deadline for submitting applications to the City Manager's office for this new recruitment is Friday, March 28, 2003. III. BASIS OF RECOMMENDATION A. POLICY • The Arts Commission and Celebrations Commissions were established by City Council resolution. The appointments will be for one, two or three year terms initially to establish staggered terms so not all positions are vacant at one time, with three year appointments thereafter. • Appointments to fill the remaining vacancies on the Advisory Board of Health will ensure a quorum for future meetings. • The Council directed the City Manager's office to conduct a recruitment seeking applicants. Interviews of the applicants were conducted at a Special City Council meeting. The Council meeting was posted in accordance with the open meeting law requirements. B. CRITICAL ISSUES • Applicants were interviewed at Special City Council meeting on January 19, 2003. C. FINANCIAL • N/A D. LEGAL • N/A ALTERNATIVE RECOMMENDATION(S) ~ • Defer appointments to a later Council meeting. V. ATTACHMENTS • Commission vacancy ~_ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ • None_ M O O M O W a x W W F- Z O ~ .~ ~ N~ H O ~ TO V '~' `i r '^ V T ~/ Q .J W Q Z L 0 `/ M O .--~ N O zv OL m .~ ~~ ~ °' v o Z ~ ~_ ~ H ~ W E J - W ~ U~ W a x w E E ~ m a~ ~ _ ~ ~ J a ~ o ~ N _ N _ O O = ~ W J m ~ ~ X W ~ W I- M ~' ~ co ~ M ~' ~ ca ~ W Q Z W Q Z AGENDA SECTION: Resolutions AGENDA ITEM # $ REPORT # h L~ STAFF REPORT CITY COUNCIL MEETING MARCH 11, 2003 REPORT PREPARED BY: STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR Nom, TITLE REPORT PRESENTER: TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the 2003 labor agreement with the Richfield International Union of Operating Engineers Local 49. RECOMMENDED ACTION: By Motion: Adopt the resolution approving the provisions of the labor agreement for the year 2003 with the Richfield International Union of Operating Engineers Local 49. II. BACKGROUND City staff has completed labor negotiations with the Richfield International Union of Operating Engineers Local 49 for the year 2003 subject to Council approval. Local 49 represents the following job classifications: Public Works Worker, Automotive Mechanic, City Forester, Meter Repair and Record Control Worker, Automotive Mechanic, Water Plant Mechanic, Water Plant Operator, and Temporary Leadworker. There are 38 employees represented in the unit. The tentatively approved settlement includes the following changes: 1. Wages • A 3% across-the-board increase effective January 1, 2003. 2. Health Insurance • Increase the maximum health insurance contribution for dependent coverage to $515/month for employee plus spouse and employee plus child(ren) and $530/month for family coverage. • $1 increase from $26/month to $27/month for single dental coverge. 3. Personal Leave • Update the personal leave provision to coincide with City Ordinance (2001 amendment.) • Update accrual rate to 2.77 hours biweekly and maximum accrual to 204 hours. 4. Bereavement Leave: • Update the bereavement leave provision to coincide with the City Ordinance (2002 amendment.) • Change occurrence from 16 to 24 hours and update of eligible relative list. 5. Working Out of Classification • Delete the Sewer Root Control Specialist and replace with Competent Person Specialist. This will satisfy OSHA requirements. 6. Clothing Allowance • No additional money for clothing however, allow a portion of current clothing allowance for the purchase of approved safety boots. III. BASIS OF RECOMMENDATION A. POLICY • The City has met and negotiated with the Union and is bound under the Public Employers' Labor Relations Act to meet and bargain over the terms and conditions of employment. The 2003 proposed settlement is similar to other City employee groups and is well within the range for police supervisor bargaining groups in similar cities. B. CRITICAL ISSUES • In order to allow the City's accounting personnel to modify payroll records in a timely manner for 2003 wages and benefits, it is recommended that the City Council act on March 11, 2003 to adopt the attached resolution providing for contract changes, effective January 1, 2003. C. FINANCIAL • 3% wage increase and shortened wage steps. Increases in health and dental insurance contribution and personal leave time. Addition of 8 hours bereavement leave. Change Personal Leave accrual to 2.77 hours biweekly and cap to 204 hours. D. LEGAL, • If the terms of this agreement are not approved, further negotiation will need to take place and/or mediation. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the terms of this agreement. • Defer discussion to another date. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. RESOLUTION APPROVING 2003 LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND RICHFIELD INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49 WHEREAS, the City Manager and the Richfield Public Works employees (Public Works Workers, Automotive Mechanic Assistants, Meter Repair and Record Control Workers, Automotive Mechanics, Public Works III, Water Plant Mechanic, and Water Plant Operators) Local 49 have reached an understanding concerning conditions of employment for the year 2003; and WHEREAS, it would be inappropriate to penalize the Richfield International Union of Operating Engineers Local 49 members who have negotiated in good faith; and WHEREAS, the Human Resources 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 the Richfield International Union of Operating Engineers Local 49 Bargaining Unit for the year 2003, under the provisions of the Labor Agreement to be implemented, effective January 1, 2003. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of March 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Re of ~tionG AGENDA ITEM # 7 REPORT # H ~ J STAFF REPORT CITY COUNCIL MEETING MARCH 11, 2003 REPORT PREPARED BY: STEVEN L. DEVICH, ADMINISTRATNE SERVICES DIRECTOR NAME, TITLE COUNCIL PRESENTER: NAME, DEPARTMENT DIltECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution approving the 2003 labor contract with the Law Enforcement Labor Services LELS Local 162. Recommended Action: By Motion: Adopt the attached resolution approving the provisions- of the 2003 labor agreement with the LELS. Local 162 and authorize the Citv Manaaer to execute the agreement. II. BACKGROUND City staff has completed labor negotiations with the LELS Local 162 for the year 2003 subject to Council approval. LELS Local 162 represents Police Supervisors -which consists of 12 positions: 8 Sergeants, 1 Captain and 3 Lieutenants. The tentatively approved settlement includes the following changes: 1. Wages: • A 3% across-the-board increase effective January 1, 2003. 0311 PoliceSupervisors 2. Insurance Benefits: • Increase the maximum health insurance contribution for dependent coverage to $515/month for employee plus spouse and employee plus child(ren) and $530/month for family coverage. • $1 increase from $26/month to $27/month for single dental coverge. 3. Work Schedule Language: • The normal workday shall be 8 to 12 consecutive hours. Previous language read 8 to 10 hours. 4. Bereavement Leave: • Update the bereavement leave provision to coincide with the City Ordinance (2002 amendment.) • Change occurrence from 16 to 24 hours and update eligible relative list. 5. Clothing: • An increase of clothing allowance to $640 per year - a $15 increase. 6. In addition, the City and Union agree to preserve the right for the Union to participate in a Post Retirement Health Care Savings Plan. III. BASIS OF RECOMMENDATION A. POLICY • The City has met and negotiated with the Union and is bound under the Public Employers' Labor Relations Act to meet and bargain over the terms and conditions of employment. The 2003 proposed settlement is similar to other City employee groups and is well within the range for police supervisor bargaining groups in similar cities. B. CRITICAL ISSUES • In order to allow the City's accounting personnel to modify payroll records in a timely manner for 2003 wages and benefits, it is recommended that the City Council act on March 11, 2003 to adopt the attached resolution providing for contract changes,. effective January 1, 2003. C. FINANCIAL • 3% wage increase. • Increases in health and dental insurance contribution. • Addition of 8 hours of bereavement leave. • $15 per year increase in clothing allowance. D. LEGAL • If the terms of this agreement are not approved, further negotiation will need to take place and/or arbitration. ALTERNATNE RECOMMENDATION(S) • Do not approve the terms of this agreement. • 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 LAW ENFORCEMENT LABOR SERVICES (EELS), LOCAL 162 BARGAINING UNIT FOR THE YEAR 2003 WHEREAS, the City Manager and the Richfield Police Supervisors (Captains, Sergeants, Lieutenants) Local 162 have reached an understanding concerning conditions of employment for the year 2003; and WHEREAS, it would be inappropriate to penalize EELS Local 162 members who have negotiated in good faith; and WHEREAS, the Human Resources 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 EELS Local 162 Bargaining Unit for the year 2003, under the provisions of the Labor Agreement to be implemented, effective January 1, 2003. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of March 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk J STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING MARCH 11, 2003 PUBLIC HEARINGS 6 62 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIlZECTOR REVIEW: REVIEWED BY CITY MANAGER: ~' ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of the attached transitory ordinance providing funding for certain ca ital im rovements from the S ecial Revenue Fund. ~~ I. RECOMMENDED ACTION: ~~ Conduct and close the public hearing and by motion: Approve second reading of the. attached transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements. II. BACKGROUND • At the December 10, 2002 City Council meeting, the City Council authorized $500,000 of Special Revenue Funds for improvements to City recreation capital improvements in 2003 • Finally, the 2002 Capital Improvement Budget provides for expenditure for all types of funds contained in the budget document including, municipal state aid, user fees, federal grants and state grants, however, authorization by ordinance is not required for these expenditures. III. BASIS OF RECOMMENDATION 0311 TransitoryOrd A. POLICY • City Charter Section 7.12, Subd. 2 requires that Special Revenue Funds for capital improvements must be authorized by ordinance. • This process provides for public input through a public hearing. B. CRITICAL ISSUES • Under Section 3.09 of the City Charter, a transitory ordinance becomes effective 30 days after publication of the second hearing notice. The ordinance requirements must be completed early enough in 2003 so that capital projects can be initiated on a timely basis, completed and funds expended. This needs to be completed promptly so payments can be made for projects authorized. C. FINANCIAL • While the total 2003 Capital Improvements Budget (CIB) includes total budgeted expenditures of $18,073,000 the portion of CIB concerning proposed funding from the Special Revenue fund is $500,000 as shown below: Park Maintenance 100,000 Community Center Renovation 85,000 Wood Lake Roof 45,000 Wood Lake Fence 15,500 Lincoln Field 3,600 Outdoor Pool Renovation 250,900 • A transitory ordinance is necessary to finalize these appropriations pursuant to City Charter. • The source of Special Revenue funds are municipal liquor profits. D. LEGAL • First reading of the ordinance was approved at the February 11, 2003 City Council meeting and a notice of public hearing was published on February 27, 2003. IV. ALTERNATIVE RECOMMENDATION~S~ • The City Council could postpone the second reading of the transitory ordinance to a future City Council meeting. • The City Council could decide to authorize none or only a portion of the expenditures identified from the special revenue in the CIB. V. ATTACHMENTS • An ordinance providing for the expenditure of money from the Special Revenue Fund for certain capital improvements. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • .None. BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS CITY OF RICHFIELD DOES ORDAIN: Section 1: It is found and determined to be necessary and expedient for the City to expend money from the Special Revenue Fund for the making of capital improvements listed in Section 2 hereof, for which the City would be authorized to issue general obligation bonds. Section 2: The capital improvements and amounts of expenditures for such improvements which are authorized to be paid from the Special Revenue Fund under Section 7.12, Subdivision 2 of the City Charter, are as follows: Park Maintenance 100,000 Community Center Renovation 85,000 Wood Lake Roof 45,000 Wood Lake Fence 15,500 Lincoln Field 3,600 Outdoor Pool Renovation 250,900 Section 3: The expenditures herein authorized shall be made pursuant to such contracts as are authorized from time to time by Council action. Passed by the City Council of the City of Richfield this 11th day of March 2003. Martin J. Kirsch, .Mayor ATTEST: Nancy Gibbs, City Clerk J STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING MARCH 11, 2003 Consent 4J 61 REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: JIM OLSON, PROJECT ENGINEER NAME, TrzcE ITEM FOR COUNCIL CONSIDERATION: Consider approval of plans and specifications for the construction of a screening wall at Fountainhead Apartments as part of the 76th Street Widening Project. I. RECOMMENDED ACTION: By Motion: Accept the plans and specifications for the construction of a screening wall at the Fountainhead Apartments. III. BACKGROUND ~ The 76th Street Widening Project required permanent right of way takings from the Fountainhead Apartments located at the southeast corner of 76th Street and Knox Avenue. The construction of the new roadway on 76th Street required that the front driveway entrance to Fountainhead be relocated further south along Knox Avenue. The relocation resulted in the new driveway entrance being closer to some apartment units and also created a situation where the headlights from cars entering the driveway would shine into those units. The City with its Consultant worked with the owners of Fountainhead to design a screening wall to mitigate these damages. The plans for the screening wall were not completed in time to include with the 76th Street Widening Project. It was also determined that the contractor for the roadway 0311 FountWallBid improvements was not appropriate to use for the construction of the screening wall. The City, therefore, solicited bids from three qualified contractors to construct the screening wall. The bid prices ranged from $108,000 to $125,000. The City is now preparing to advertise for bids and go through the competitive bid process as required under State Statutes for contracts in excess of $50,000. III. BASIS OF RECOMMENDATION A. POLICY • Contracts in excess of $50,000 require competitive bidding. B. CRITICAL ISSUES • Construction of the screening wall is part of the Commissioner's awards in the condemnation on this property. C. FINANCIAL • The 76th Street Widening Project is being funded with Municipal State Aid Construction funds (gas tax monies). • Cost for right of way expenses are reimbursed through- the State Aid account over a period of 15 years for 75% of the total cost. D. LEGAL • The City has accepted the award of Commissioners for the condemnation on the Fountainhead Apartments property. That award included responsibilities of the City to construct a screening wall to mitigate certain damages to the property. IV. ALTERNATNE RECOMMENDATION(S~ • None recommended V. ATTACHMENTS • Graphic of proposed screening wall. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None I' •.I x:. ~, ^~..: ~~ ~4 ~; s ~_ 1 ' ~:;- ~~ .S ~•~ _;~ ~~ Y 9 _` ~'.,' ~ rh ., :~K i ~ . .~. <'~. S Y a. ~. k, aY '.. ~' 1~~~ It ~ i f ~ g't t .; ,Y '~ Via': t~` ,r .~, ,r -wr.~."'- 'v STAFF REPORT AGENDA SECTION AGENDA ITEM # REPORT # CITY COUNCIL MEETING MARCH 11, 2003 Consent 4I 60 REPORT PREPARED BY: RAYMOND WROBLEWSKI, FORESTRY INSPECTOR/OPERATIONS ASSISTANT NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ ~'//~ C SIG U2E REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract to A Top Notch Treecare in the amount of $83,766 for removal of diseased trees from private property in 2003. I. RECOMMENDED ACTION: By Motion: Accept the bid minutes/tabulation and award a contract to A Top Notch Treecare for $83,766 for 2003 Diseased Tree Removal on Private Property. III. BACKGROUND ~ In the early 1970's, the City of Richfield began a shade tree disease program to assist homeowners in the removal of diseased elm and oak trees on private property. When the City's Forestry Inspector marks a diseased tree on private property for removal, the homeowner has three options: • Removal of the tree by the homeowner; • Homeowner hires a contractor to perform the work; • Homeowner authorizes the City's contractor to perform the work. If the City's contractor performs the tree removal, the homeowner has the option to pay the removal costs immediately or have the cost assessed to the property taxes over a three year period. 031103distrees A formal bid opening for this work was held on February 20, 2003. Two bids were submitted. The companies were asked to bid aper-inch. cost, based on the average number and sizes of trees removed in the past three years. Bids were as follows: A Top Notch Service, Inc $ 83,766.00 S & S Tree Specialists, Inc. $107,465.00 Contract amounts for the past three years are listed below: Year Amount 2000 $53,775 2001 $61,073 2002 $59,880 III. BASIS OF RECOMMENDATION A. POLICY • When the purchase of materials, merchandise, equipment or services exceeds $50,000, authority to purchase shall be submitted to the City Council for consideration. • A Top Notch Service, Inc. submitted the lowest qualifying bid for this work. • The City has had a previous positive working relationship with A Top Notch Service, Inc. • Staff believes the per-tree prices are low enough to provide Richfield homeowners with a reasonable removal cost should they decide to have the City coordinate the removal of their diseased tree(s). B. CRITICAL ISSUES • Approval at the March 11, 2003 Council meeting will assure sufficient time to process the necessary paperwork before the first trees are marked for removal. C. FINANCIAL • Funding to allow the assessment option is through the Permanent Improvement Revolving fund. D. LEGAL • State and City ordinance provides authority to conduct a diseased tree program. IV TERNATIVE KECOMMENDATION(S) ~ Council may choose to reject this bid and direct staff to readvertise in an attempt to receive a lower bid. However, staff does not believe lower prices could be obtained from a responsible contractor. V. ATTACHMENTS • Bid minutes/tabulation VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None CITY OF RICHFIELD, MINNESOTA Bid Opening February 20, 2003 11:00 a.m. Removal and Disposal of Diseased Trees on Private Property Bid No. 03-01 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Deborah J. Guiher, Deputy City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for removal and disposal of diseased trees on private property, bid no. 03-01, as advertised in the official newspaper on February 6, 2003. Present: Deborah J. Guiher, Deputy City Clerk Doris Swanson, City Manager Representative Randy Hughes, Public Works Representative Ray Wroblewski, Public Works Representative The following bids were submitted and read aloud: Vendor Bid Security Bid Amount S & S Tree Specialists 5% Bid Bond $107,465.00* Arborists Top Notch Cashier's Check Provided $83,766.00 "Denotes corrected figure The Deputy City Clerk announced that the bids would be tabulated and considered at the March 11, 2003 City Council Meeting. Deborah J. Guiher Deputy City Clerk AGENDA SECTION: Consent AGENDA ITEM # 4H REPORT # 5 9 STAFF REPORT CITY COUNCIL MEETING MARCH 11, 2003 REPORT PREPARED BY: AIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ~- .SIGNATURE REVIEWED BY CITY MANAGER: ~ ~ r.~...,~-/~---; l l l ITEM FOR COUNCIL CONSIDERATION: Consideration of joint powers agreement between the Cities of Richfield, Edina and Bloomin ton and the Southdale YMCA to construct and o erate the YMCA Tri-Cit Skate Park. I. RECOMMENDED ACTION: By Motion: Approve the execution of the revised joint powers agreement between the Cities of Bloomington, Edina and Richfield and the Southdale YMCA for the construction, ownership and n of the YMCA Tri-City Skate Park. II. BACKGROUND The attached is a joint powers agreement between the Cities of Richfield, Edina and Bloomington and the Southdale YMCA for the construction, ownership and operation of the YMCA/Tri-City Skate Park. This is a revised version of the agreement approved by the Richfield City Council on April 23, 2002. Changes have been made to reflect revisions to the YMCA/Tri-City Skate Park budget. The attached joint powers agreement is the product of two years of planning between the Cities of Richfield, Edina and Bloomington and the Southdale YMCA. The agreement articulates the joint participation of all partners in the initial construction of an outdoor skate park for skateboarding, inline skating and trick bikes, at an estimated cost of $351,243. When completed, the Southdale YMCA will assume full responsibility for the facility. The skate park will be constructed in Edina's Yorktown Park, adjacent to the Southdale YMCA, 7355 York Avenue South. The name of the skate park will be YMCA/Tri-City Skate Park, unless a new name is arranged with a significant donation. The YMCA/Tri-City Skate Park will be operated from April through October, weather-permitting. With approval of this agreement, construction of the facility will begin this summer. III. BASIS OF RECOMMENDATION A. POLICY • Pursuant to City Charter Section 7.12, Subdivision 2, a transitory ordinance and public hearing was held on April 23, 2002, to authorize Richfield's portion of capital funds for the skate park in the amount of $80,000. B. CRITICAL ISSUES • The Southdale YMCA will be responsible for all operating costs of the skate park. • If the Southdale YMCA terminates the agreement, the City of Edina will own the facility. • The Southdale YMCA will set the fees for the skate park, with the stipulation that Richfield residents (and residents of the other partner cities} will receive a reduced rate equal to the YMCA member rate. C. FINANCIAL • After the initial construction contribution in the amount of $80,000, the City of Richfield is under no obligation to cover any future costs of the skate park, capital or operating. • The Southdale YMCA is obligated to submit an operating budget of the skate park to the City of Richfield on an annual basis, to be reviewed by the Community Services Commission. D. LEGAL • The City Attorney has reviewed the joint powers agreement. • The Southdale YMCA will assume all liability with respect to operation, ownership and maintenance of the skate park. • The Southdale YMCA will hold the City of Richfield harmless and will name the City of Richfield as a named insured. IV. ALTERNATIVE RECOMMENDATION S • None V. ATTACHMENTS • Southdale YMCA/Tri-City Skate Park Joint Powers Agreement with exhibits • Additional funding report offered by the City of Bloomington. ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ FINAL DRAFT - 02/25/03 TRI-CITY/YMCA SKATE PARK AGREEMENT THIS AGREEMENT is made on the day of ,2003, by and among the City of Bloomington, a Minnesota municipal corporation ("Bloomington"), the City of Edina, a Minnesota municipal corporation ("Edina"), the City of Richfield, a Minnesota municipal corporation ("Richfield"), and the Young Men's Christian Association of Metropolitan Minneapolis ("YMCA"). RECITALS A. Each party to this Agreement desires that a facility be constructed to be used by the community for in-line skating, skate boarding and trick biking (the "Skate Park"). B. It is more economical for the parties to provide jointly for the construction and maintenance of the Skate Park than for each party to construct and maintain its own facility. The parties desire to jointly provide for the construction, operation and maintenances of a Skate Park by the YMCA in accordance with the terms set forth herein. NOW, THEREFORE, in consideration of the mutual understandings and- agreements hereafter set forth, the Members agree as follows: Section 1. Construction of Facility; Location of Facility. The YMCA shall cause the Skate Park to be constructed and equipped as described in Exhibit A hereto. Construction will be undertaken so that the Skate Park will be available for community use no later than September 1, 2003. The Skate Park shall be constructed by the YMCA on property owned by Edina and located in Yorktown Park in the corporate limits of Edina adjacent to the YMCA's facility in Edina as more specifically described in Exhibit B hereto (the "Premises"). Edina shall lease the Premises to the YMCA as provided in the Ground Lease attached hereto as Exhibit C (the "Ground Lease"). The YMCA shall permit users of the Skate Park to park in its parking lot adjacent to the Premises. Section 2. Construction of Skate Park and Payment of Initial Costs of Construction and Equipping of Skate Park. The Skate Park will be constructed by the YMCA. Thee initial costs of construction and equipping the Skate Park are estimated to be $351,243, which includes a $25,704 contingency as further described on Exhibit D hereto. To provide for the payment of the costs of constructing and equipping the Skate Park, Edina, and Richfield shall each contribute $80,000 to the YMCA to pay the initial costs of construction and equipping the Skate Park. The City of Bloomington .shall contribute $120,000 to the YMCA to pay the initial costs of construction and equipping the Skate Park. The YMCA wil(contribute an additional $35,000 towards the initial costs of construction and equipping the Skate Park. An additional $36,250 in donations from fund-raising efforts will also be given to the YMCA and shall be applied by the YMCA towards the initial costs of construction and equipping the Skate Park. All three cities and the YMCA must approve the initial design/build master plan. SKATE PARK FUNDING SOURCES SUMMARY Donations $36,250 City of Bloomington $120,000 City of Edina $80,000 City of Richfield $80,000 YMCA 35 000 TOTAL FUNDS $351,250 If the costs of constructing and equipping the Skate Park exceed the budgeted amount, the YMCA shall pay the additional costs. Section 3. Operation of Skate Park; Fees and Charges. The YMCA shall manage and operate the Skate Park and shall maintain the Skate Park as provided in the Ground Lease. At its expense, the YMCA shall employ such personnel as are required to operate and maintain the Skate Park. The Skate Park shall be made available for use by the general public and the YMCA shall determine the hours of operation and operating policies of the Skate Park. The YMCA will determine the fees and charges necessary to be charged to users of the Skate Park by the YMCA to pay the costs of operation and maintenance of the Skate Park. Such fees and charges shall be at such levels as the YMCA determines, in its reasonable discretion are necessary in order that the Skate Park is self supporting and the YMCA does not have to subsidize the operations and maintenance of the Skate Park from other funds of the YMCA. In setting such fee schedule, the YMCA shall provide that users who are either residents of the cities of Bloomington, Edina and Richfield, or members of the Southdale Branch of YMCA, will pay a lower fee than other users of the Skate Park. In addition, users who are residents of Bloomington, Edina and Richfield and members of the Southdale Branch of the YMCA shall be given other preferences over other users of the Skate Park, such as the ability to register early for special events and lessons offered at the Skate Park. Section 4. Insurance. The YMCA shall assume all liability with respect to the operation and ownership of the Skate Park and shall maintain and provide for the insurance required by the Ground Lease naming the YMCA and Edina: and the YMCA as named insureds, as their respective .interests may appear, and naming Bloomington and Richfield as additional insureds. The YMCA shall provide to Bloomington, Edina and Richfield a certificate of insurance evidencing that the insurance required by the Ground Lease is in effect prior to commencing construction of the Skate Park. ection 5. Additional Capital Improvements. The parties recognize that following the initial construction of the Skate Park additional. capital improvements to the Skate Park may be desired at a later date, including the construction of a permanent building. The parties agree to work cooperatively toward addressing future capital needs of the Skate Park. Section 6. Termination by YMCA. If the YMCA determines to terminate its operation of the Skate Park and cancel the Ground Lease, the Skate Park will then be owned by Edina. In such event, Edina shall not be liable to refund any capital contributions made by the parties to the construction of the Skate Park. Upon any such termination by the YMCA, Bloomington, Edina and Richfield will negotiate for the cooperative operation of the Skate Park by Bloomington, Edina and Richfield. The YMCA may terminate the Skate Park Agreement at any time, upon thirty (30) days' written notice to the other parties, if the YMCA has decided to cease operating the Skate Park. Section 7. Name of Skate Park. The Skate Park will initially be named "The YMCA/Tri-City Skate Park." The Skate Park may be renamed in the event of a substantial donation to the Skate Park to the name designated by such donor provided that such name is approved by all of the parties to the Agreement. Any such donation shall be used to pay for additional improvements to the Skate Park. Section 8. Operating Budget and Reports. The YMCA shall prepare an operating budget for the Skate Park for each season of operation not less than 60 days prior to the anticipated opening date of the Skate Park for such operating season and shall furnish a copy of such budget to Bloomington, Edina and Richfield. Following the conclusion of each operating season, the YMCA shall prepare a report showing the operating results for the Skate Park for such season and detailing the usage of the Skate Park for such season and shall furnish a copy of such report to Bloomington, Edina and Richfield. Section 9. Term. The term of this Agreement will commence on March 20, 2003 and will continue thereafter until March 20, 2018. The term of the Agreement may be extended for an additional period of 10 years upon the agreement of all parties hereto. The YMCA may terminate the Skate Park Agreement in accordance with Section 6. Section 10. Indemnity. The YMCA shall defend, indemnify and hold harmless Bloomington, Edina and Richfield and each of its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the YMCA's (including its officials, agents or employees) performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting there from and is caused in whole or in part by any negligent act or omission or willful misconduct of the YMCA. Section 11. Mediation.. The parties agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1821 University Avenue, St. Paul, Minnesota. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party- may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. Section 12. Audit. The books, records, documents and accounting procedures of the YMCA relevant to the Agreement are subject to examination by Bloomington, Edina, Richfield and the legislative auditor or state auditor, as appropriate, pursuant to Minnesota Statutes, Section 16C.05, subdivision 5. Section 13. Assignment. A party shall not assign or transfer its rights and obligations under this Agreement without the prior written consent of all other parties. Section 14. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed by their duly authorized officers by authority of their respective governing bodies. CITY OF BLOOMINGTON Mayor Approved for Execution: City Manager Date CITY OF EDINA Mayor City Manager Date CITY OF RICHFIELD Mayor City Manager Date YOUNG MEN'S CHRISTIAN ASSOCIATION OF METROPOLITAN MINNEAPOLIS Its City Attorney Date EXHIBIT A: DESCRIPTION OF TRI-CITY/YMCA SKATE PARK The Tri-City/YMCA Skate Park will be a 25,000 square foot facility that will consist of two concrete bowls with varying levels of challenges and skating elements. The facility will include: intermediate and advanced bowls; and additional street skating elements for all abilities (rails, spines, pyramids, fun boxes, quarter pipes, etc.); security fencing; spectator area; and drinking fountain. This in-ground concrete structure with two separate bowl-like areas and numerous street skating elements will cater to skateboard, in-line skate and trick-style bike enthusiasts of all abilities. This skate park will include elements to ensure a challenging, fun, and safe environment for the users. The Tri-City/YMCA Skate Park will be open to both youth and adults. The facility with its central location to Bloomington, Edina and Richfield will serve users of these three communities as well as the entire metro area. The facility will be open to in-line skaters, skateboarders and trick bikers. EXHIBIT B: DESCRIPTION OF SKATE PARK SITE The entire skate park will be located on City of Edina park property located immediately east of the existing Edina Fire Station within Yorktown Park, which is adjacent to the Southdale YMCA. The legal description of the site is described as "OUTLOT C, YORKTOWN" and its recorded plat and map are shown on the following page. The skate park is designed to be approximately 25,000 square feet enclosed with chain link fencing. The existing site is currently a softball field with backstop fencing and player benches. EXHIBIT C• SKATE PARK GROUND LEASE (ATTACHED) EXHIBIT D: ESTIMATED COSTS OF INITIAL CONSTRUCTION AND EQUIPPING OF SKATE PARK Item Descri tion Total Gost EARTHWORK $29,1.99.00 PAVEMENT $4,401.00 ITE UTILITIES $7,530.00 FENCING $12,900.00 LANDSCAPING $3,570.00 ITE CONCRETE $37,464.00 MISCELLANEOUS METALS $15,100.00 EALANTS $1,875.00 KATE PARK STRUCTURE $145,000.00 BUILDERS RISK INSURANCE $500.0 MATERIAL TESTING AND INSPECTION $3,000.0 GENERAL REQUIREMENTS, OVERHEAD & PROFIT $40,000.0 DESIGN FEES & CIVIL ENGINEERING $25,000.00 CONTINGENCY $25,704.00 OTAL BUDGET $351,243.00 FINAL DRAFT - 02-25-03 EXHIBIT C GROUND LEASE THIS GROUND LEASE ("Lease") is made and entered into as of 2003, between the City of Edina, a Minnesota municipal corporation ("Landlord"), and Young Men's Christian Association of Metropolitan Minneapolis, YMCA ("Tenant"). WITNESSETH: PREMISES AND TERM Premises. Landlord demises and leases unto Tenant, and Tenant hires and takes from Landlord, all of that certain parcel of land situated in the City of Edina, County of Hennepin and State of Minnesota, more particularly described on Exhibit A attached hereto and made a part hereof, subject to the encumbrances described on said Exhibit A and together with all rights, privileges, easements and appurtenances belonging, or in any way appertaining thereto (the "Premises"). The Tenant shall construct and- operate on the Premise facilities for in-line skating, skateboarding and trick biking (the "Skate Park") in accordance with this Lease and Tri-City Skate Park Agreement (the "Skate Park Agreement") dated , 2003, by and among the Landlord, the Tenant, the City of Bloomington and the City of Richfield. Term. The initial term of this Lease will commence on March 20, 2003, and will continue thereafter until March 20, 2018, unless sooner terminated in accordance with the provisions hereof. Renewal. The Term of this Lease shall be extended for an additional period of 10. years (the "Extension Term") if the Skate Park Agreement is extended as provided in Section 9 thereof, subject to and upon. the following conditions: The Extension Term will be upon all of the terms and conditions of this Lease, including rent. The initial term, together with the Extension Terms are collectively referred to herein as the "Term." Early Termination. If at any time the Tenant is no longer operating the Skate Park on the Premises or has made a determination to cease operating the Skate Park this Lease will automatically terminate upon 10 days written notice by either party. RENT Base Rent. Tenant shall pay to Landlord for the Premises an annual base rental equal to One Dollars ($1.00) in advance on the first day of each and every calendar year during the term hereof. Such rental shall be paid to Landlord at 4801 West 50~' Street, Edina, Minnesota 55424, Attn: Parks and Recreation Director. Base rent for the first calendar year and the final calendar year of the Term, whether this Lease ends by expiration or earlier termination, will be prorated based on the number of days in such calendar year within the Term. It is acknowledged that Landlord is a party to the Skate Park Agreement and that the rental provided herein, combined with additional consideration provided to the Landlord as a party to the Skate Park Agreement, is adequate consideration for Landlord's lease of Premises to Tenant. Additional Rent. As additional rental hereunder, Tenant will pay, or cause to be paid, before penalty attaches, all taxes, fees and other charges of whatsoever nature levied, assessed or imposed by the State of Minnesota or political subdivisions thereof on the Premises and any improvements now or hereafter located thereon or on the ownership thereof, which are payable during the term hereof, commencing with those payable in the calendar year in which the Term commences, and concluding with those payable in the calendar year in which the Term expires; provided, however, that the taxes, fees and other charges payable in the calendar years in which the Term commences and expires shall be apportioned between Landlord and Tenant according to the number of months this Lease is in effect during such calendar years. Tenant shall pay all special assessments levied against the Premises and any improvements now or hereafter constructed thereon; provided, however, to the extent said special assessments maybe paid over a period of time, Tenant's obligation with regard to the same will be met so long as at any one time the then current installment shall be paid before delinquent. If at any time any taxes, fees or other charges payable during the term hereof, commencing with those due and payable in the calendar year in which the Term commences and . concluding with those payable in the calendar year in which the Term expires, shall be levied by the State of Minnesota or any political subdivision thereof against Landlord with respect to its interests in said property, or rentals payable by Tenant hereunder: in lieu of, or in substitution in whole or in part for, any taxes, fees or other charges that might otherwise be levied or assessed by such taxing authority on the Premises or any part thereof and any improvements thereon, Tenant will pay, or cause to be paid, when due, any and all such taxes, fees and other charges. If any substitute taxes, fees or other charges are based on income, Tenant's obligations hereunder shall be calculated as if Landlord had no income other than that payable to it under the terms of this Lease. Tenant shall deliver to Landlord, not later than 10-days after the date when payment would otherwise be delinquent, a paid receipt evidencing payment of all amounts to be paid by Tenant pursuant to this Article. A-2 Net Lease. It is the intention and purpose of the parties hereto that this Lease will be a "net lease" to Landlord, all cost or expense of whatever character or kind, general and special, ordinary and extraordinary, foreseen and unforeseen and of every kind and nature whatsoever that may be necessary in or about the operation of the Premises and Tenant's authorized use thereof during the entire Term to be paid by Tenant (other than the maintenance of landscaping on the Premises and mowing of grass, care of any shrubs and general landscaping of Premises which will be undertaken by Landlord). All provisions of this Lease relating to expenses are to be construed in light of such intention and purpose to construe this Lease as a "net lease." USE OF THE PREMISES Use. Tenant will use the Premises only for the Skate Park in accordance with this Lease and the Skate Park Agreement. Compliance with Laws. Tenant shall, at its sole cost and expense, indemnify Landlord and its officers, agents and employees against all claims, demands and actions, and all related costs and expenses (including attorneys' fees) for any failure of Tenant to comply with all valid, applicable laws, ordinances and regulations of any nature whatsoever now or hereafter in any manner affecting the Premises or Improvements or the use thereof. Tenant shall not commit any unlawful occupation, business or trade to be conducted on the Premises or any use to be made thereof contrary to any law, ordinance or regulation as aforesaid with respect thereto, and shall protect Landlord and the Premises against any tax, fee or other charge or penalty imposed or levied against the Premises on account of any failure to comply with any such law, ordinance or regulation. Tenant shall maintain in force and effect all permits, licenses and similar authorizations necessary for it to use and operate the Premises; provided that neither this clause nor any other provision in this Lease shall be construed as granting or allowing any uses other than the uses expressly permitted under this Lease. CONSTRUCTION; ALTERATIONS Construction of Skate Park. Tenant shall construct upon the Premises the improvements necessary for operation of the Skate Park as provided in the Skate Park Agreement. No construction will commence until Tenant shall have procured all necessary governmental permits and authorizations necessary for such construction. Landlord will join in the application for such permits and authorizations, as Landlord, whenever such action is necessary. The construction of all improvements will be done in a good and workmanlike manner and in compliance with all applicable building and zoning laws and all other laws, ordinances,. orders, rules, regulations and requirements of federal, state and municipal governments having jurisdiction over the Premises. Tenant will complete the construction of the improvements free and clear of all mechanics' liens, conditional bills of sale, chattel mortgages, or other liens, and shall indemnify and hold Landlord harmless from and against all claims, losses, damages and expenses of whatsoever nature that maybe incurred or become chargeable against Landlord or the A-3 Premises by reason of any work done or materials furnished to or upon the Premises in connection with the initial construction of the improvements or by reason of any fine, penalty or imposition or any other matter or thing arising out of the construction of the improvements. Alterations. Tenant shall have the right at any time during the Term, at its sole cost and expense, to make such changes in, and additions and alterations, structural or otherwise, to the Premises and to any improvements now or hereafter located thereon as Tenant shall deem necessary or desirable in connection with the operation of its business; provided, however that: all work is done in a good and workmanlike manner, in compliance with all applicable laws, ordinances, rules and regulations; and 2. the cost of the work is fully paid for by Tenant. Nothing contained in this Article shall be deemed to require Landlord's consent or approval to normal tenant fixturing of any improvements now or hereafter constructed on the Premises. UTILITIES Payment of Utilities. Tenant will pay or cause to be paid all charges for cleaning and building services, gas, water, steam, electricity, light, heat, air conditioning, power, telephone, trash removal and other service or utility used, rendered or supplied upon, or in connection with the Premises during the Term, and will save the Landlord harmless against any liability or expense for any such charge. INDEMNITY Tenant Indemnity. Tenant will indemnify, defend and hold Landlord harmless from and against all claims, demands and actions, and all reasonable costs and expenses relating thereto (including reasonable attorneys' fees), for damage, injury, death, disability or illness of or to any persons or property, arising out of, or as a result of, surveying or inspecting or testing of soil and land conditions of the Premises, Tenant's possession of the Premises, construction of the improvements thereon, or Tenant's use of the Premises or any breach or default of Tenant in the performance of any of its covenants hereunder. INSURANCE Builder's Risk Insurance. During the construction of any improvements on the Premises, at Tenant's sole cost and expense, Tenant shall maintain builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an A-4 amount equal to 100% of the replacement costs of the improvements as of the date of completion, with coverage on the so-called "all risk," non-reporting form of policy. Casualty Insurance. At Tenant's sole cost and expense, Tenant shall keep .all improvements now or hereafter located on the Premises insured at all times throughout the Term against loss or damage by fire and "all-risk" coverage risks in an amount not less than the actual cash value thereof. Liability Insurance. During the Term, as additional rent hereunder and at Tenant's sole cost and expense, Tenant shall maintain comprehensive general liability insurance protecting Landlord equally with Tenant from liability with respect to accidents occurring on or about the Premises or arising out of the use thereof in reasonable amounts, but not less than $300,000 for injury or death to any person, $1,000,000 for injury or death arising out of any one accident, and $100,000 for property damage claims arising out of any one accident. Workers' Compensation Insurance. Tenant shall maintain. Workers' Compensation Insurance as required by Minnesota Statutes, Section 176.181. Miscellaneous. All insurance. required to be maintained by Tenant hereunder shall be effected under valid and enforceable policies issued by a reputable insurance company or companies authorized to do business in the State of Minnesota and reasonably acceptable to Landlord. Upon commencement of the Term, and thereafter not less than 10 days prior to the expiration of any current policy; Tenant shall deliver to Landlord certificates evidencing the existence of all-insurance policies which Tenant is required to maintain hereunder and payment of all required premiums for the same. All builder's risk, casualty and liability insurance policies required to be maintained by Tenant hereunder shall name Landlord and Tenant as named insureds, as their respective, interests may appear and shall name the City of Richfield and Bloomington as additional insureds, and shall provide that any loss shall be payable notwithstanding any act of negligence of Landlord, Tenant, or any sublessee or other occupant of the Premises which might otherwise result in a forfeiture of said insurance. The loss, if any, under any casualty insurance policies required to be maintained by Tenant hereunder shall be adjusted. with the insurance companies by Tenant, but Landlord will have the right to confer with Tenant in adjusting any such loss. Each policy required to be maintained by Tenant hereunder shall, to the extent obtainable, contain an agreement by the insurer that such policy shall not be cancelled without at least 10 days prior written notice to Landlord and Tenant. Nothing in this Lease will prevent Tenant from taking out the insurance required to be maintained by Tenant hereunder under a blanket insurance policy or policies which can cover other properties as well as the Premises; provided, however, that any such policy or policies of blanket insurance shall specify therein, or Tenant shall furnish Landlord with a written statement from the insurers under such policy or policies,. specifying the amount of the total insurance allocated to the Premises and improvements located on the Premises, which amount shall not be less than the amounts required hereunder. A-5 HAZARDOUS SUBSTANCES Hazardous Substances. The term "Hazardous Substances," as used in this Lease, shall include, without limitation, medical waste, flammables, explosives, radioactive materials, asbestos, polychlorinated biphenyls (PCBs), chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic substances or related materials, petroleum and petroleum products, and substances declared to be hazardous or toxic under any law or regulation now or hereafter enacted or promulgated by any state, local or federal authorities (the "Authorities"). Tenant agrees to the following with regard to Hazardous Substances and environmental laws: Tenant shall not cause any violation of any federal, state , or local law, ordinance, or regulation now or hereafter enacted, related to environmental conditions on, under, or about the Premises, or arising from Tenant's use, alteration or occupancy of the Premises, including, but limited to, soil and ground water conditions. Tenant shall not cause the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Substance on, under, or about the Premises, or the transportation to or from the Premises of any Hazardous Substance, to the extent any such activity is prohibited by, or results in liability under ,any law regulating the use, generation, storage, transportation, or disposal of Hazardous Substances ("Laws"). Should any Authority or any third party demand that aclean-up plan be prepared and that aclean-up be undertaken because of any deposit, spill; discharge, or other release of Hazardous Substances that occurs during the Term, at or from the Premises, Tenant shall, but only to the extent such release of Hazardous Substances was caused by Tenant or persons under Tenant's direction or control, at Tenant's own expense, prepare and submit the required plans and all related bonds and other financial. assurances; and Tenant-shall carry out all such clean-up plans. Tenant shall promptly provide all information regarding the use, generation, release, storage, transportation, or disposal of Hazardous Substances that is known. to Tenant reasonably requested by Landlord. If Tenant fails to fulfill any duty imposed under this Article within a reasonable time, Landlord may, without obligation, perform such actions after 10 days' prior notice to Tenant of Landlord's intention and, upon demand by Landlord Tenant will reimburse Landlord for all costs in connection therewith, including. without limitation attorneys' fees, as additional rent hereunder; and in such case, Tenant will cooperate with Landlord to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Laws to the Premises and Tenant's use thereof, and for compliance therewith, and Tenant will execute and deliver all documents promptly upon Landlord's request. No such action by Landlord and no attempt made by Landlord to mitigate damages. under any Law shall constitute a waiver of any of Tenant's obligations under this Article. A-6 Tenant will indemnify, defend, and hold harmless Landlord and its officers, directors, beneficiaries, shareholders, partners, agents, and employees from all fines, suits, procedures, claims, and actions of every kind, and all costs associated therewith (including, without limitation, attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Substances that occur during the Term, at or from the Premises, or which arise at any time from Tenant's use, alteration or occupancy of the Premises, or from Tenant's failure to provide all information, make all submissions, and take all steps required by all Authorities under the Laws and all other environmental laws, but only to the extent such release of Hazardous Substances was caused by Tenant or persons under Tenant's direction or control. Tenant's obligations and liabilities under this Article will survive the expiration or earlier termination of this Lease. CASUALTY Damage to Premises. In the event of damage to, or destruction of, the Premises or any building, buildings or other improvements now or hereafter located thereon, by any cause whatsoever, Tenant will, at its own expense and without cost to Landlord, proceed immediately and diligently to restore the Premises and such building, buildings and other improvements located thereon to the same or equivalent condition that they were required to be kept in before such damage or destruction. If such damage or destruction was caused by perils insured against, Tenant shall use the proceeds from such insurance, to the extent necessary, to pay for the restoration of the Premises. In the event the insurance proceeds are insufficient to pay for the restoration, Tenant shall be obligated to supply the deficiency. No Abatement. The rental to be paid by Tenant to Landlord hereunder shall not be abated, either in whole or in part, by reason of any damage to, or destruction of, any building, buildings or other improvements currently constructed or hereafter constructed, either in whole or in part, on the Premises.' MAINTENANCE; LIENS Maintenance. Tenant, at Tenant's sole cost and expense, shall take good care of the , Premises and the improvements constructed thereon during the Term and will maintain the same in reasonably good condition, including all sidewalks, curbs and parking areas located on the Premises, and Tenant shall make all, repairs thereto, interior, and exterior, structural and non-structural, ordinary and extraordinary, and foreseen and unforeseen, all as may be necessary to keep the Premises and all improvements thereon in good order and condition. When used in this Lease, the term "repairs" shall include all replacements, renewals, alterations, additions and betterments, when necessary and appropriate. All repairs made by Tenant shall be equal in quality and class to the original work. Tenant shall also keep and maintain the Premises free of accumulated dirt, rubbish, snow and ice, A-7 and any unlawful obstructions. The Premises shall not be maintained as, nor shall Tenant permit the Premises to become, a public or private nuisance. Landlord shall not be required to make any expenditure whatsoever in the maintenance of the Premises or any improvements thereon except that Landlord shall be responsible for taking care of the landscaping on the Premises and the mowing of grass, care of any shrubs and general landscaping. Liens. Tenant shall not permit any mechanics', laborers' or materialmen's liens or the claims thereof to stand against the Premises by reason of any cause whatsoever. ASSIGNMENT Tenant shall not assign this Lease or sublet the Premises either in whole or in part, or mortgage, pledge or hypothecate this Lease without in each such case receiving the prior written consent of Landlord, which consent maybe withheld in Landlord's sole discretion. Any consent given by Landlord hereunder shall be with respect to the particular transaction for which consent is requested, and the giving of such consent shall not be deemed consent to a subsequent transaction. No assignment or sublease, regardless of Landlord consent requirements, will relieve Tenant of any liability hereunder. TITLE TO IMPROVEMENTS Prior to the expiration or earlier termination of this Lease, title to all improvements heretofore or hereafter constructed on the Premises shall be vested in the Tenant. Without the further act of either of the parties hereto, title to all improvements heretofore or hereafter constructed on the Premises will vest in Landlord, its successors or assigns, free and clear of all encumbrances, except encumbrances listed on Exhibit A attached hereto, as of the expiration or earlier termination of this Lease. Without limiting the generality of the foregoing, Tenant shall, upon the expiration or earlier termination of this Lease, execute such instruments and in such form as Landlord,. its successors or assigns, may require for the purpose of confirming title to said improvements in Landlord, its successors or assigns. DEFAULT Self Help. If Tenant fails to make any payment or perform any act required to be made or performed hereunder, or shall fail to make any payment or perform any act required to be made or performed by any mortgage which is a lien on the Premises, or Tenant's interest therein, or shall fail to make any payment or perform any act required to be performed by Tenant under any lease or sublease from Tenant, Landlord, without waiving or releasing any obligation or default, may, but shall be under no obligation to, make such payment or perform such act for the account and at the expense of Tenant, and may enter upon the Premises or any part thereof for such purposes and take- such action A-8 thereon as, in Landlord's opinion, may be necessary or appropriate therefor. In the event of an emergency, such actions maybe taken at any time and without any notice. In the event of anon-emergency, such actions maybe taken at any time after such failure continues for more than 10 days after written notice thereof from the Landlord (or if the failure is of such a character as to require more than 10 days to cure and Tenant has commenced the cure and is continuing to use reasonable diligence in curing such failure, at any time after that period of time reasonably necessary to cure such failure). No such entry shall be deemed an eviction of Tenant. All sums so paid by Landlord and all reasonable costs, fees and expenses so incurred shall constitute additional rent hereunder and shall be paid immediately upon demand. Tenant Default. If any of the following events of default shall occur: (a) if Tenant shall fail to pay any installment of rent and such failure shall continue for 10 days after written notice thereof from the Landlord; or (b) if Tenant shall fail to perform or comply with any other term hereof and such failure shall continue for more than 30 days after written notice thereof from Landlord (or, if such failure is of such a character as to require more than 30 days to cure and if Tenant continues to use reasonable diligence in curing such failure, for more than that period of time reasonably necessary to cure such failure); or (c) if Tenant shall make an assignment for the benefit of creditors, be adjudicated insolvent or bankrupt pursuant to the provisions of any State or Federal insolvency or bankruptcy act, or if a receiver or trustee of the property of Tenant shall be appointed and shall not be discharged within 60 days after such appointment, or if any voluntary proceedings are instituted under any insolvency or bankruptcy act seeking to effect a reorganization of Tenant or a composition with its creditors, or an arrangement; or (d) Tenant shall fail to pay any amounts owing under or perform or comply with any requirement of any mortgage which is a lien on the Premises or Tenant's interest therein, and such failure shall continue for more than 30 days after written notice from either Landlord or the mortgagee of such mortgage; or (e) Tenant shall. fail to make any payment or perform any act required to be performed by Tenant under any lease or sublease from Tenant and such failure shall continue for more than 30 days after written notice from either Landlord or any tenant or sublessee, then and in any such event, Landlord may, at its option, declare a forfeiture of this Lease and, whether or not such a forfeiture shall be declared, may re-enter into possession of the Premises and remove all persons therefrom and collect all rents owing. but unpaid for ail periods to and including the last day of the month during which Landlord shall obtain possession of the. Premises together with any costs, expenses or damages incurred or suffered as a result of such default, which sums shall thereupon become immediately due and payable, and in the event that Landlord shall elect to declare a forfeiture and shall recover possession of the Premises, Tenant shall nevertheless remain liable for, as liquidated and agreed current damages, and shall pay amounts equal to the rent hereunder as such rent becomes due, plus all payments to be made by Tenant hereunder, less (i) the net proceeds, if any, of any reletting effected for the account of Tenant pursuant to the provisions of this Article after deducting from such proceeds all of Landlord's expenses in connection with such repossession or such reletting; or (ii) the net proceeds, if any, of all rents, issues and profits arising from or related to the Premises and all buildings and improvements constructed thereon after deducting from such proceeds all of Landlord's expenses in connection with receiving such rents, issues and profits. A-9 Assignment of Rents. If Landlord recovers possession. of the Premises by reason of Tenant's default under the terms of this Lease, Tenant does hereby assign unto Landlord all rents, issues and profits, if any, arising from or related to the Premises and all buildings and improvements constructed thereon. Re-Letting. At or from time to time after repossession of the Premises or any part thereof pursuant to the provisions of this Article, whether or not the Term ends pursuant to the provisions of this Article, Landlord may (but shall not be obligated to) relet the Premises or any part thereof for the account of Tenant, in the name of Tenant, or Landlord or otherwise, without notice to Tenant, for such term or terms (which may be greater or less than the period which would otherwise have been constituted the balance of the term of this Lease) and on such conditions (which may include concessions or free rent) and for such uses as Landlord, in its sole discretion, may determine, and may collect and receive the rents therefor. Landlord shall not be responsible or liable for any failure to relet the Premises or any part thereof or for any failure to collect any rent due upon such reletting. Remedies Not Exclusive. Except insofar as is inconsistent with, or contrary to, any provisions of this Lease, no right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute. No Waiver. Except to the extent that Landlord may otherwise agree in writing; no waiver by Landlord of any breach of Tenant of any of its obligations, agreements or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same, or any other obligations, agreements or covenants, nor shall any forebearance by Landlord to seek a remedy for such breach by Tenant be deemed a waiver by Landlord of its rights or remedies with respect to such breach. MISCELLANEOUS Quiet Enjoyment. Landlord represents and warrants that it is the lawful owner of the Premises, that the same are free from all encumbrances, liens. or defects in title, except those set. forth on Exhibit A attached hereto, that it has full right and power to make this Lease and that so long as Tenant shall not be in default hereunder, Tenant shall quietly hold, occupy and enjoy the Premises during the Term. No Personal Liability. Notwithstanding any provision herein to the contrary, Landlord and Tenant agree that if either party is in default of this Lease, that the other parry shall look solely to the interest of the defaulting party in the Premises, and that neither Landlord nor Tenant, nor their shareholders,. directors, officers, employees, agents or representatives, shall have any personal liability to pay any indebtedness hereunder or to perform any covenant contained herein, and that no personal liability or personal responsibility of any sort is assumed by, nor shall at any time be asserted or enforceable against, Landlord, Tenant, or their directors, officers, employees, agents or A-10 representatives. Each party and all persons claiming by, through or under such party hereby expressly waives and releases all such personal liability. The terms "Landlord" and "Tenant" as used in this Lease shall mean, at a given time, the person, firm or corporation who is the owner or owners, collectively, for the time being of the fee or leasehold estate in the Premises, and any successor or assignee thereof. Amendment. None of the covenants, provisions, terms or conditions of this Lease shall be in any manner modified, waived or abandoned except by written instrument duly signed and delivered by Landlord and Tenant. Partial Invalidity. If any term, condition or provision of this Lease or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder thereof and the application of such term, provision and condition to persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Lease and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and complied with to the full extent permitted by law. Inspection Rights. Upon reasonable prior notice (except in the case of an emergency when no notice will be required), Tenant will permit Landlord's authorized representatives to enter the Premises and all improvements located thereon at all times during the usual business hours for the purpose of inspecting the same and of curing Tenant's defaults as Landlord is permitted to do under the Article titled "DEFAULT"; provided that Landlord shall not unreasonably interfere with the conduct of Tenant's operations on the Leased Premises. Notices. Any notice or election herein required or permitted to be given or served by either party hereto upon the other, shall be deemed given or served in accordance with the provisions of this Lease if delivered to an officer of such other party hereto and his or her receipt obtained therefor, or if mailed in a sealed wrapper by United States registered or certified mail, postage prepaid, properly addressed to such .other party at the address hereinafter specified. Unless and. until changed. by notice as herein provided, notices and communications shall be addressed as follows: If to the Landlord: City of Edina 4801 West 50~' Street Edina, MN 55424 Attn: Parks and Recreation Director If to the Tenant: The Young Men's Christian Association Of Metropolitan Minneapolis 30 South Ninth Street Minneapolis, MN 55402 Attn: Senior Vice President A-11 Each such mailed notice or communication shall be deemed to have been given to, or served upon, the party to which addressed, on the date the same is deposited in the United States registered or certified mail, postage prepaid, properly addressed in the manner above provided. Each such delivered notice or communication shall be deemed given and served personally upon delivery thereof in the manner above provided. Either party may change the address to which mailed notice is to be sent to it by giving the other party not less than thirty (30) days advance written notice thereof. Binding Effect. All of the terms and conditions of this Lease shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Memorandum of Lease. At the request of either party hereto, ashort-form lease will be prepared by the requesting parry in form and substance reasonably satisfactory to each of the parties hereto, and shall be executed by each of the parties hereto in duplicate and delivered to the requesting party for filing by such party in the Hennepin County property records. Estoppel Certificates. Landlord and Tenant each agree at any time and from time to time upon not less than 10 days prior written notice to execute, acknowledge and deliver to the other party a statement certifying that this Lease is in full force and effect (or if not in full force and effect or if modified or amended stating the nature of the default, modification or amendment as the case may be) and the dates to which rental has been paid hereunder, it being intended that any such statement delivered pursuant to this Article may be relied upon by any prospective purchaser of either the Premises or the leasehold estate created hereby. IN WITNESS WHEREOF, the parties hereto have executed this Crround Lease as of the day and year first above written. LANDLORD: City of Edina By Its Mayor And Its City Manager TENANT: The Young Men's Christian Association Of Metropolitan Minneapolis By Its A-12 BLOOMINGTON .~cPARKS fi !C AND /I MEMO TO: Mayor & City Councilmembers FROM: Randy Quale, Parks and Recreation Manager DATE: March 3, 2003 SUBJECT: Item 6.12 -Additional Funding for Tri-City/YMCA Skate Park For the past two years staff has been working on plans for the development of the Tri- City/YMCA Skate Park to be located adjacent to the Southdale YMCA in cooperation with the cities of Edina, Richfield and the YMCA. In an effort to reduce the estimated $450,000 construction cost for the Skate Park, the project has been scaled back to conform with a $351,243 budget that includes a $25,704 contingency. The revised project will delete the beginner's bowl area, reduce the amount of concrete around the exterior of the bowls, eliminate the park shelter building, and open the intermediate bowl on the east side, thus eliminating the need for a storm sewer catch basin in the intermediate bowl. Attached is a copy of the revised project plans for the 25,000 square foot concrete bowl facility as well as a revised construction budget. In preparing the revised plans and construction cost estimate, the project architect has received proposals from a number of qualified skate park design/construction firms to undertake the project. In addition, a construction management firm (Kraus-Anderson) has been retained to prepare construction cost estimates for the project. Accordingly, we have high confidence that the project can be constructed within the new $351,243 budget. In order to proceed with the project, an additional $40,000 will need to be secured to cover the $351,243 estimated construction cost for the project. Funds secured to date are as follows: 2 3 4 6 City of Bloomington $80,000 City of Edina 80,000 Donations secured by the City of Edina 25,250 City of Richfield 80,000 Donations secured by the City of Richfield 11,000 YMCA 35,000 Total $311,250 On January 22, 2003 the Parks, Arts and Recreation Commission voted to approve a recommendation to Council to allocate an additional $40,000 for the Tri-City/YMCA Skate Park project from the Parks Capital Replacement Fund. To date the City of Bloomington has earmarked $80,000 for the project (1999 and 2000 Strategic Priority Funds previously approved by Council). There is currently approximately $807,000 in undesignated dollars available in the Parks Capital Replacement Fund. While the City of Bloomington would be contributing the most dollars to the project if the additional $40,000 is approved, the cities of Edina and Richfield along with the Southdale YMCA are contributing to the project in other equitable ways. Since the Skate Park will be located within Edina's Yorktown Park, Edina will be eliminating a ballfield to accommodate the Skate Park and will lease out parkland valued at $250,000 for $1.00 per year to the YMCA. Edina has also secured $25,250 in donations for the project beyond their $80,000 in City dollars. The Southdale YMCA will be solely responsible for all costs associated with operating the Skate Park in addition to the $35,000 they are contributing to the project. The City of Richfield has secured $11,000 in donations for the project beyond their $80,000 in City dollars. Also, Richfield has spent $7,000 to date in landscaping to screen the Skate Park from adjacent residents. Furthermore, the cities of Edina and Richfield along with the Southdale YMCA will have to deal with ongoing citizen concerns due to Skate Park being located either on or immediately adjacent to their properties. Staff recommends that the Council allocate an additional $40,000 from the available dollars in the Park Capital Replacement Fund for the Tri-City/YMCA Skate Park project. Pending Council approval of the funding, a formal agreement between the Southdale YMCA and the cities of Bloomington, Edina and Richfield for the construction and operation of the Skate Park will be brought to each governing body for approval. Construction of the Skate Park is proposed to commence in April with completion by August 2003. RQ/rq COUNCIL/TRI-CITYSKATEPK3-03-03 AGENDA SECTION: Consent AGENDA ITEM # 4G REPORT # 58 STAFF REPORT CITY COUNCIL MEETING MARCH 11, 2003 REPORT PREPARED BY: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME. TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution to oppose the proposed closure of any suburban division courthouse of the Fourth Judicial District. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution in opposition to the District Court's proposed closure of any suburban division courthouse of the Fourth Judicial District and calling for the City of Richfield to join in the formation of a task force with other Hennepin County suburban cities to work with Hennepin County District Court to examine possible solutions to its anticipated loss of state funding II. BACKGROUND It was announced at the Criminal Justice Coordinating Committee (CJCC) meeting held on February 27, 2003, that the District Court is considering closing one or more suburban courthouses in response to proposed state funding decreases. That would mean, in other words, that the Division IV Courthouse for the Fourth Judicial District, located at 7009 York Avenue in Edina, could be closed. Although the cities involved wish to work with the court administration, the closure of any suburban courthouse and the sharp reduction of court access and court 0311 Opposition to Closing Suburban Courthouse services to the citizens of the suburban communities is prompting each city to appeal by resolution against the closing of any suburban courthouse. The following numbers illustrate the cases processed in the south suburban communities: • The Edina courthouse currently provides suitable quarters for the holding of regular terms of court in a southern suburban location within the county serving the City of Richfield. The City of Richfield, through its City Attorney's office, has filed hundreds of petty misdemeanor, misdemeanor and gross misdemeanor cases, and made at least twice weekly full-day court appearances on those cases involving citizen victims, witnesses, City police officers and prosecutors during calendar year 2002. • The Division IV courthouse processed at least 16,370 court filings in 2002 for the six communities it already serves (St. Louis Park, Edina, Richfield, Eden Prairie, MAC and Richfield). • Other suburban courthouses (Division III Western and Division II Northern) process court findings in numbers over 10,000. • Suburban cities are suggesting to the leadership of the Hennepin County District Court, the formation of a Task Force to meet and. cooperatively examine possible solutions to the proposed funding cuts for the county. (See attached letter from Mayor Kirsch to the Hennepin Co. District Court leadership.) III. BASIS OF RECOMMENDATION A. POLICY • Minnesota Statute Section 488A.01, Subd. 9, requires that the Municipal Building Commission or the County of Hennepin, or both, provide suitable quarters for the holding of regular terms of court in Minneapolis, a south suburban location, and at such other northern and western suburban locations disbursed throughout the county as may be designated by a majority of the judges of the court. • Minnesota Statute Section 383B.65, Subd. 2, provides that the county of Hennepin's relocation of the court serving the City of Richfield requires it to provide suitable quarters for the holding of regular terms of court in a southern suburban location within the county. B. CRITICAL ISSUES • There will be much longer court calendars. and overcrowding at the remaining courthouses, should one or more be closed, as those courthouses would not have the space to absorb additional defendants and the court staff needed for the increased workload; • Police officers will be off the streets for longer period of time to travel longer distances and to wait longer period of time for overcrowded court schedules; • Suburban citizens will suffer major inconvenience from traveling longer distances and waiting longer periods of time to be heard; • Cooperation of civilian witnesses and crime victims with the prosecution will be lost, particularly in domestic abuse cases, due to the remote location and increased waiting time; and, C. FINANCIAL • Suburban police departments will incur increased costs to pay for longer waiting times, additional officers to cover the longer absences, and pay parking fees while attending court; • Prosecution costs will potentially increase if each city's cases are spread. between more courtrooms. D. LEGAL • Minnesota Statutes Section 488A.1, Subd. 9 and Section 3836.65, Subd. 2 (reference made above). IV. ALTERNATIVE RECOMMENDATION(S~ • None. V. ATTACHMENTS • Resolution. • Memo from Martin J. Costello, Richfield City Prosecutor. • Letter from Mayor Kirsch to Hennepin County District Court leadership. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. A RESOLUTION IN OPPOSITION TO THE PROPOSED CLOSURE OF ANY SUBURBAN DIVISION COURTHOUSE OF THE FOURTH JUDICIAL DISTRICT WHEREAS, the City Council of the City of Richfield is the official governing body of the City of Richfield, a municipal corporation organized under the home rule provisions of the laws of the State of Minnesota; and WHEREAS, the Court Administrator for the Fourth Judicial District serving Richfield announced at the Criminal Justice Coordinating Committee on February 27, 2003, that the closure of one or more of the suburban division courthouses was a possible response to proposed state funding decreases; and WHEREAS, Minnesota Statutes Section 488A.01, subdivision 9, requires that the municipal building commission, or the county of Hennepin, or both, provide suitable quarters for the holding of regular terms of court in Minneapolis, a south suburban location, and at such other northern and. western suburban locations disbursed throughout the county as may be designated by a majority of the judges of the court; and WHEREAS, Minnesota Statutes Section 3838.65, subdivision 2, provides that the county of Hennepin's relocation of the court serving the City of Richfield requires it to provide suitable quarters for the holding of regular terms of court in a southern suburban location within the county;. and WHEREAS, the Division IV Courthouse for the Fourth Judicial District, located at 7009 York Avenue, Edina, Minnesota, currently provides suitable quarters for the holding of regular terms of court in a southern suburban location within the county serving the City of Richfield; and WHEREAS, the City of Richfield, through its City Attorney's office, filed hundreds of petty misdemeanor, misdemeanor and gross misdemeanor cases at Division IV Hennepin County Courthouse, and at that location made at least twice weekly full-day court appearances on those cases involving citizen victims, witnesses, City police officers and prosecutors during calendar year 2002; and WHEREAS, the south suburban, Division IV Hennepin County courthouse processed at least 16,370 court filings in year 2002 for the six communities it already serves (St. Louis Park, Edina, Richfield, Eden Prairie, MAC and Richfield), the western suburban, Division III, courthouse processed at least 11, 081 court filings and the northern suburban, Division II, courthouse processed at least 12,573 court filings in year 2002, it is inevitable that the closure of any one of the three Hennepin County Division courthouses would adversely affect the remaining suburban courthouses to which those cases would be reallocated, each of which is already running at capacity; and WHEREAS, the City of Richfield's police department must make daily trips to the courthouse serving the City of Richfield with case filings, criminal reports, and other duties on its misdemeanor and gross misdemeanor cases, in addition to police officer witness trips to the courthouse for the purpose of offering testimony at those hearings and trials of these criminal cases; and, WHEREAS, the closure of the Division IV Hennepin County courthouse or any of the other Hennepin County Division courthouses will deprive the citizens of the City of Richfield of convenient, suitable access to court system of the Fourth Judicial District and increase the City's costs of providing police and prosecution services; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that: 1. The City Council opposes any proposed closure of the south suburban, Division IV, Fourth Judicial District Courthouse based on its concern that such would unduly inconvenience the citizens of Richfield served thereby, result in increased costs of prosecution and increased costs to the Richfield Police Department; 2. The City Council opposes any proposed closure of the Division III and II, Fourth Judicial District courthouses based on its concern that such would result in a reduction of the level of services currently offered at the Division IV courthouse due to the resultant overcrowding of that facility by the reallocation of the other suburban cases. 3. The City Manager and. the City Attorney are authorized to cooperate with other Hennepin County suburban cities to form a task force for the purpose of working with the leadership of the Hennepin County District Court to examine possible solutions to its anticipated loss of state funding. 4. The City Council hereby directs the City Clerk to provide copies of this Resolution to: the Chief Justice of the Supreme Court for the State of Minnesota, the Honorable Kathleen Blatz; the members of the Hennepin County Board; the Chief Judge of the Fourth Judicial District, the Honorable Kevin Burke; and Hennepin County Court Administrator Mark Thompson. Passed and adopted this 11th day of March, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk HUGHES & COSTELLO ATTORNEYS AT LAW 1230 LANDMARK TOWERS 345 ST. PETER STREET ST. PAUL, MINNESOTA 55102-1637 TELEPHONE (651) 227-8427 TELECOPIER (651) 227-8428 VOICEMAIL (651) 268-3207 E-MAIL martinjohnesq@cs.com MEMORANDUM TO: Dan Scott, Director of Public Safety City of Richfield 6700 Portland Avenue South Richfield, Minnesota 55423 FROM: Martin J. Costello, Richfield City Prosecutor RE: Potential Closure of Suburban Courthouses Summary: On February 27, 2003, at the Criminal Justice Coordinating Committee meeting, Mark Thompson, the Hennepin County Court Administrator, announced that due to anticipated budget cuts it was likely that one or more of the suburban division courthouses, potentially the Southdale facility serving Richfield, would be closing. He went on to indicate that the suburban cases displaced .by the closing would not necessarily be diverted to the other suburban courthouses; they might go to the downtown courthouse. Thompson advised that if the anticipated budget cuts went beyond the initially anticipated 6%, Hennepin County's chief judge, Kevin Burke, would be announcing the closure and that it would be done very swiftly. The Minnesota Bar Association announced today that the legislature anticipates cutting 10% of the state court's budget. Suburban prosecutors, the head of the Minnesota Chiefs of Police, Chief Joy Rikala, and Hennepin County Commissioner Koblick met and agreed that the closure of any suburban division courthouse would have an .adverse impact on the remaining ones and might signal the demise of all of the division courthouses. It was agreed that we would attempt to work with court administration to find more efficient methods of processing our cases, including better utilization of the suburban courthouses. All of the suburban prosecutors agreed to propose draft resolutions for our respective city councils to consider opposing any closure of suburban courthouses, asking to be included in the Hennepin County District Court budget cutting process, and for input in devising cost-saving measures for the processing of suburban cases for the consideration of our City Councils. Issues: 1. What would be the impact of the closure of another suburban courthouse with the reallocation of a portion of those cases to the Southdale, Division IV, Courthouse? 2. What would be the likely impact of diverting Richfield's petty misdemeanor, misdemeanor and gross misdemeanor cases downtown? A. Implications of a Reallocation of Other Suburban Cases to Division IV. The Division IV Courthouse is already running at capacity with the following 2002 caseload: 1,656 Gross Misd. Case filings 10,593 Misd. Case filings 4,121 Petty Misd. Case filings 16,370 cases Richfield in 2002 made court appearances at Division IV at least two full days per week, sharing a courtroom with at least one other city. Other appearances, e.g., jury trials, are held downtown in .Division I, Minneapolis. The .courthouse serves 6 communities: St. Louis Park, Edina, Richfield, Eden Prairie, MAC and Richfield. The other suburban courthouses at Ridgedale and Brookdale each had about 12,000 cases in 2002. If another courthouse closed and its filings split between the remaining two divisions, the Southdale courthouse could expect to receive approximately 5,500 of those cases. This is the equivalent of adding another Richfield to the courthouse capacity. Potential Problems: 1. The current court administration staff is unable to keep up with their existing caseload. 2. There is no expansion space at Division IV for additional administrative staff, probation officers or public defenders. 3. There is inadequate lobby and courtroom seating for the number of defendants set on for court at any given time. 4. There is inadequate office space for prosecutors. Originally, each jurisdiction was assigned their own office space from which to work while the court was in recess. Because of the need for additional public defender and probation officer space, 6 jurisdictions work out of one office so that it is no longer possible to make the court recess time productive. Conclusion The closure of any suburban courthouse and the increased caseload from a reallocation of their cases will result in sharp reduction of court access and court services to the citizens of the suburban communities assigned there. It will also shift some of the costs of the court system onto the suburban communities in the form of increases in the cost of delivering prosecution and police services. B. Potential Loss of Suburban Court and its Implications. There is reason to believe that it is the eventual plan of court administration to close all of the suburban courthouses, requiring all court appearances (even speeding tickets) to be heard downtown. The likely implications for the cities would include: 1. Inconvenience to citizens requiring access to the courts only at a 24-story downtown courthouse along with all other Hennepin County communities and more serious felony offenses and offenders. There will be much longer court calendars. 2. Additional cost of delivering prosecution services resulting from the remote location and shared calendars with other jurisdictions. It is possible that cities may have cases set for the same time and date in separate courtrooms. Suburban communities do not typically have sufficient prosecutors to cover more than one courtroom at any given time. 3. Additional cost of police services. Police officers would not only have to appear at a remote location, but their waiting time at court will also increase on multi-jurisdictional calendars. More significantly, their day-to-day one of transporting criminal case filings, complaints and prisoners to the downtown courthouse instead of simply the Southdale court will be time consuming and likely to result in additional cost, such as booking costs. 4. Loss of civilian witness and crime victim cooperation with the prosecution. The remote location and the waiting time at court will have a direct impact on the prosecutor's ability to get victims and witnesses to court when needed. Law: Minn. Stat. §488A.01, subd. 9, provides that: • The municipal building commission or the county of Hennepin, or both shall provide suitable quarters for the holding of regular terms of court in Mpls, Richfield, and at such other northern and western suburban locations disbursed throughout the county as may be designated by a majority of the judges of the couch, and • In addition to the regular locations of holding court, trials of traffic and criminal violations before court without a jury shall be held in such locations as may be designated by a majority of the judges of the court. Minn. Stat. §383B.65, provides that: • The county of Hennepin may relocate the municipal court serving the City of Richfield and thereupon shall provide `suitable quarters for the holding of regular terms of court in a southern suburban location with the county as may be designated by the majority of the fudges of the court. All functions of the court may be discharged, including both court and jury trials of civil and criminal matters.... In 1986, pursuant to Minn. Stat. §487.191 and aatate-wide initiative to consolidate all the various lower level courts into a single district court, the Hennepin County municipal court, processing petty misdemeanor and misdemeanor and gross misdemeanor cases, merged with the existing District Court for the Fourth Judicial District. This did not result in a physical consolidation of the courthouses, the division courthouses continued to handle the non-felony criminal cases. Despite the merger, the statutes requiring suitable suburban court locations continues to be good law. That was made clear in the case of In re Petition Regarding the Assignment of Judges in the 9rh Judicial District, 416 N.W.2d 450 (Minn. 1987) where the Minnesota Supreme Court held that the unification statute did not repeal existing statutes regarding court administration, only those provisions that might be irreconcilable. Minn. Stat. §488A.01 has been amended twice since unification of the courts without any effort to repeal it. Also clear is that the Chief Justice of the Supreme Court has overall supervision over the court system and the chief judges of our state's ten judicial districts under Minn. Stat. §2.724. Generally speaking, the Board of County Commissioners has authority over the physical plant of the division courthouses, with the court system paying them rent for the use of the facility. The Ridgedale court's rent is $7,000.00 per month. Minn. Stat. §375.18, subd. 3 provides that each county board may erect, furnish and maintain a suitable courthouse. Minn. Stat. §475.52 allows the board to issue bonds for the acquisition or betterment of the courthouses. In the end, however, Minn. Stat. §488A.01, subd. 9, seems to require that there be separate southern, western and northern suburban court locations, but allows a majority of the judges of the district to designate the exact location. Accordingly, it runs contrary to statute to require the suburban cases to be heard downtown. A majority of the bench in conjunction with the county board could move the Southdale courthouse, but only to another south suburban location. Finally, it is not obvious how the closure of a suburban courthouse would result in a significant cost savings to the district court. Court administration and the court must still process the cases wherever they are heard. This should require the same level of staffing and equipment. The only savings realized would be the approximate $7,000.00 per month in rent for the facility. However, it would require the same amount of office and courtroom space at another location. Conclusion: The suburban communities in the past have effectively opposed such bench initiatives with the potential to negatively impact the delivery of court services to their residents by the adoption of resolutions in opposition to the bench proposal. Attached is such a resolution for the consideration of the City Council. MJC/ns Enclosures .I MAYOR MARTIN J. KIRSCH CITY COUNCIL JOHNENGER SUSAN ROSENBERG SUZANNE M.SANDAHL GERTRUDE ULRICH CITY MANAGER SAMANTHA ORDUNO March 11, 2003 Chief Justice Kathleen Blatz Minnesota Supreme Court Minnesota Judicial Center 25 Rev Dr Martin Luther King Jr Blvd St. Paul, MN 55155 Chief Judge Keven Burke Hennepin County District Court Hennepin County Government Center 300 South Sixth Street Minneapolis MN 55487 Representative Steve Smith Chair, Judiciary Policy and Finance Committee 545 State Office Building St. Paul, MN 55155 Hennepin County Board of Commissioners c/o Sandra Vargas, County Administrator Hennepin County Government Center 300 South Sixth Street Minneapolis, MN 55487 Mark Thompson Court Administrator Hennepin County District Court Hennepin County Government Center 300 South Sixth Street Minneapolis, MN 55487 Dear Colleagues: Hennepin County District Court Administrator Mark Thompson announced at the Criminal Justice Coordinating Committee (CJCC) meeting on February 27, 2003, that the District Court was considering closing one or more suburban courthouses in response to proposed state funding decreases. Mr. Thompson had budgetary or statistical information that he declined to share with CJCC participants because it was only in draft form. At no time has the leadership of the Hennepin County District Court involved the suburban cities in a cooperative effort to analyze possible measures to absorb the anticipated budget cuts. I believe that the closing of one or more suburban courthouses will result in the. following: • There will be much longer court calendars and overcrowding at the remaining courthouses, which do not have the space to absorb additional defendants and the court staff needed for the increased workload; • Police officers will be off the streets for longer periods of time to travel longer distances and to wait longer periods of time for overcrowded court schedules; • Suburban police departments will incur increased costs to pay for longer waiting times and additional officers to cover the longer absences, and pay for parking fees while attending court; The Urban Hometown 6700 PORTLAND AVENUE, RICHFIELD, MINNESOTA 55423 612.861.9700 FAX: 612.861.9749 www.ci.richtield.mn.us AN EQUAL OPPORTUNITY EMPLOYER Hennepin Co. District Court Leaders March 11, 2003 Page 2 • Suburban citizens will suffer major inconvenience from traveling longer distances and waiting longer periods of time to be heard; • Cooperation of civilian witnesses and crime victims with the prosecution will be lost, particularly in domestic abuse cases, due to the remote location and increased waiting time, and • Prosecution costs will potentially increase if each city's cases are spread between more courtrooms. I am opposed to the closure of any suburban courthouse because of the consequences listed above. I recognize, however, the real need to cut costs at the district court level. Suburban cities are themselves struggling with proposed cuts in their own state funding. My city wants to cooperate with the District Court in analyzing other alternatives that could avoid shifting the court's budget cuts to the cities. I am requesting that the leadership of the Hennepin County District Court immediately provide accurate budget and statistical information to the suburban cities and to meet cooperatively to examine possible solutions to the proposed funding cuts. Our City Manager and City Attorney are cooperating with other suburban cities to create a task force of representatives to meet with the Court. Thank you for your consideration. Sincerely, Martin J. Kirsch Mayor, City of Richfield Copy: Samantha Orduno, City Manager Dan Scott, Director of Public Safety DS/MJK:Ima AGENDA SECTION: Consent AGENDA ITEM # 4F REPORT # S ~ J STAFF REPORT CITY COUNCIL MEETING MARCH 11, 2003 REPORT PREPARED BY: TOM FOLEY, TRANSPORTATION NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ~ ,~~~~ ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution between the City of Richfield and Minnesota Department of Transportation for federal participation in the design of the Lyndale Avenue Bridge over I-494. I. RECOMMENDED ACTION: By Motion: Adopt the resolution which allows the Minnesota Department of Transportation to act as the City's agent in accepting federal funds in connection with the design of the Lyndale Avenue Bridge over I-494. ~ II. BACKGROUND ~ The City has proposed replacing the Lyndale Avenue Bridge over I-494 and wants to use federal funds to hire an engineering firm to design the bridge. The project is eligible for federal high priority project funds. An agreement between a city and MnDOT is the regular way that federal highway funds are passed through to cities to finance road projects. The proposed Agency Agreement No. 84355 between the City of Richfield and the Minnesota Department of Transportation (MnDOT) allows MnDOT to act as the City's agent in accepting federal funds in connection with the design work needed to build the Lyndale Avenue Bridge Project. 0311 Lyndale Bridge Agreement III. BASIS OF RECOMMENDATION A. POLICY • The replacement of the Lyndale Avenue Bridge is identified in Richfield's Comprehensive Plan and its 2003 Capital Improvement Budget as a high priority project. • Minnesota Statutes Section 161.36 allows the City to have MnDOT act as its agent in accepting federal funds in its behalf for the design and construction of transportation improvements financed either in whole or in part by federal funds. B. CRITICAL ISSUES • The final layout of the Lyndale Avenue Bridge over I-494 needs to be resolved between MnDOT and the City of Richfield to determine if access to northbound I-35W can be provided from the westbound entrance ramp at Lyndale Avenue. C. FINANCIAL • The estimated cost of the Lyndale Avenue Bridge design is $2,000,000. It is anticipated that 80% (up to $1,600,000) of the cost is to be paid from federal funds made available by the Federal Highway Administration. The remaining 20% (up to $400,000) will be paid by the City's Municipal State Aid (gas tax) account or other local funds. • The construction of the Lyndale Avenue Bridge is estimated to cost. $25,000,000. Additional federal funding will be needed before construction can begin in 2005. D. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may choose not to enter into Agency Agreement 84355 and not proceed to design the Lyndale Avenue Bridge. However, this could delay construction of the Lyndale Avenue Bridge by about ten years. V. ATTACHMENTS • Resolution accepting State of Minnesota Agency Agreement 84355 and authorizing the Mayor and City Manager to execute the agreement on behalf of the City of Richfield. • State of Minnesota Agency Agreement 84355 between the Department of Transportation and the City of Richfield for Federal Participation in Preliminary Engineering for the Replacement of the Lyndale Avenue Bridge over I-494. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. RESOLUTION AUTHORIZING ACCEPTANCE OF STATE OF MINNESOTA AGENCY AGREEMENT NO. 84355 BETWEEN THE DEPARTMENT OF TRANSPORTATION AND THE CITY OF RICHFIELD FOR FEDERAL PARTICIPATION IN PRELIMINARY ENGINEERING FOR REPLACEMENT OF LYNDALE AVENUE BRIDGE OVER I-494 WHEREAS, the City of Richfield is proposing to use federal highway funds to design the Replacement of the Lyndale Avenue Bridge over I-494 Project; and WHEREAS, the project is eligible for the expenditure of federal aid funds, and is identified by the City of Richfield as City Project 42000, and is identified by Minnesota Department of Transportation records as State Project 157-363-21, and is identified in Federal Highway Administration records as Minnesota Project HPP MN 10 (103). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that, pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Richfield to accept as its agent federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED by the City Council of the City of Richfield that the Mayor and City Manager are hereby authorized and directed for and on behalf of the City of Richfield to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 84355," a copy of which said agreement was before the City Council and which is made a part hereof by reference. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of March, 2003. Martin J. Kirsch, Mayor Samantha Orduno, City Manager ATTEST: Nancy Gibbs, City Clerk CERTIFICATION I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution presented to and adopted by the City of Richfield at a duly authorized meeting thereof held on the 11th day of March, 2003 as shown by the minutes of said meeting in my possession. Nancy Gibbs, City Clerk Notary Public My Commission expires Mn/DOT Agreement No. 84355 STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND CITY OF RICHFIELD FOR FEDERAL PARTICIPATION IN PRELIMINARY ENGINEERING FOR S.P. 157-363-21; M.P. HPP MN10(103) This agreement made and entered into by and between the City of Richfield, hereinafter referred to as the "City," and the Commissioner of Transportation of the State of Minnesota, hereinafter referred to as "Mn/DOT," WHEREAS, pursuant to Minnesota Statutes Section 161.36, the City desires Mn/DOT to act as its agent in accepting federal funds in its behalf for the construction, improvement, or enhancement of transportation financed either in whole or in part by federal funds; and WHEREAS, the City is proposing a federal aid project to reconstruct the interchange of Lyndale Avenue and I-494, hereinafter referred to as the "Project"; and WHEREAS, City desires to obtain federal aid participation in eligible costs for preliminary engineering and final design documents in connection with the Project, hereinafter referred to as the "Preliminary Engineering Work." WHEREAS, Minnesota Statutes Section 161.36 requires that the terms and conditions of this agency be set forth in an agreement. THE PARTIES AGREE AS FOLLOWS: I. DUTIES OF THE CITY. A. APPOINTMENT. Pursuant to Minnesota Statutes Section 161.36, the City appoints Mn/DOT to act as its agent in accepting federal funds in its behalf made available for the Preliminary Engineering Work in connection with the Project. B. ELIGIBILITY /COSTS. The estimated cost of the Preliminary Engineering Work is $ 2,000,000. 1. It is anticipated that 80% (up to $ 1,600,000) of the cost of Preliminary (Mn/DOT Agreement No. 8355) C:\Documents and Settings\roshllyn\Local Settines\Temp1157-363-021 Preliminary Engineering for a Project.doc 01/09/03 Page 1 Engineering Work is to be paid from federal funds made available by the Federal Highway Administration, and that the remaining 20% shall be paid by the City. The City will pay any part of the cost or expense of the work that the Federal Highway Administration does not pay. 2. Any costs incurred by the City prior to authorization, as described in section II.B. AUTHORIZATION, will not be eligible for federal participation. 3. Eligible cost and expense, if approved, may consist of the following: (a) The cost of preparing the preliminary engineering and final design documents. (b) The direct labor charges of all City employees for the time that said employees are engaged in the work to be performed by the City hereunder. Said labor charges may include the prorata share of"labor additives" applicable to said labor charges. Costs to the City of "labor additives" consisting of holiday pay, vacation, sick leave, retirement, pension, unemployment taxes, compensation and liability insurance, lost time charges and similar costs .incidental to labor employment will be reimbursed only when supported by adequate records. (c) The applicable equipment rental charges for City owned equipment used by the City and mileage charges for employee owned vehicles used by the City on the work to be performed hereunder, at rates reflective of the City actual cost. (d) Expenditures for materials, supplies, mechanical data processing and equipment rental, limited to the actual expenditures for the purposes of this agreement. (e) The cost incurred by the City in the employment of outside forces for performance of all or a portion of the work hereunder as subj ect to the agreement provisions of section I.G. SUBLETTING. 4. Expenditures for general administration, supervision, maintenance and other overhead or incidental expenses of the City are not eligible for federal participation. 5. Acceptability of costs under this agreement will be determined in accordance with the cost principles and procedures set forth in the applicable Federal Acquisition Regulations, Contract Cost Principals and Procedures, 48 Code of Federal Regulations (CFR) 31 which is hereby incorporated by reference (Mn/DOT Agreement No. 843») C:~Documents and Settings\roshllyn\Locai Settings\Temp\1~7-363-021 Preliminary Engineering for a Project.doc 01/09/03 Page 2 and made a part of this agreement. 6. For costs expected to exceed $ 2,000,000, the City must request the preparation and execution of a supplement to this agreement, prior to incurring such costs. C. SUPERVISION. 1. The City will furnish and assign a qualified employee of the City, (Project Manager), to be in responsible charge of the Preliminary Engineering Work and to supervise and direct the work to be performed under this agreement. 2. The City will furnish the personnel, services, supplies, and equipment necessary to properly supervise, perform, inspect, and document the Preliminary Engineering Work. 3. The City will prepare reports, keep records, and perform work so as to enable Mn/DOT to collect the federal aid sought by the City. All records and reports will be retained by the City in accordance with Mn/DOT's record retention schedule for federal aid projects. D. REQUEST FOR PAYMENT. 1. Partial payments may be requested by the City not more than once each thirty (30) days. 2. The City will submit to Mn/DOT's District State Aid Engineer one original itemized invoice .and supporting documentation, for eligible expenses incurred during that period, for review, concurrence, and further processing. 3. The invoice and supplements thereto, will contain all details that may be necessary for a proper audit. Such details will consist of at least the following: (a) A breakdown of labor by individual, classification, dates and hours worked, times the applicable rate to arrive at a total dollar amount for each individual. (b) The labor additive applied to total labor. dollars. (c) The equipment charges broken down by type of equipment times the applicable rate and dates used to arrive at total equipment charges... (d) A detailed breakdown of outside services used and supporting invoices. Documentation that costs of outside services has been paid. (Mn/DOT Agreement No. 843») C:\Documents and settings\roshl Iyn~l.ocal Settings\Temp\1~7-363-021 Preliminary Engineering for a Project.doc OI/09/03 Page 3 (e) Detail for materials, supplies, and other items with the description, units, and unit prices included in the invoice. If materials or supplies are purchased from an outside source, a copy of that invoice should be included. (f) The invoices will include 100% of eligible charges applicable to the Preliminary Engineering Work so that the prorata share of federal and City participation can be applied to the total casts. 4. A statement certifying work completed, which must be signed by the Project Manager and included with each request. 5. Reimbursement of costs under this agreement will be based on actual costs. E. LIMITATIONS. The City must comply with all federal, state, and local laws, together with all ordinances and regulations applicable to the work. 1. Nondiscrimination. It is the policy of the Federal Highway Administration and the State of Minnesota that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of the mandate for nondiscrimination in Title VI and through parallel legislation, the prescribed bases of discrimination include race, color, sex, national origin, age, and disability. In addition, the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financial assistance, whether such programs and activities are Federally assisted or not. Even in the absence of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part applies, is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. It shall be the responsibility of the City to carry out the above requirements. 2. Workers' Compensation. Any and all employees of the City or other persons while engaged in the performance of any work or services required or permitted by the City under this agreement will not be considered employees of Mn/DOT, and any and all claims that may arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons while so engaged, will in no way be the obligation or responsibility of Mn/DOT. The City will require proof of Workers' Compensation Insurance from any sub-contractor. F. AUDIT. (hin/DOT Agreement No. 8~J355) C:\Documents and Settings\roshl lyn\Local Settings\Temp\157-363-021 Preliminary Engineering for a Project.doc 01/09/03 Page 4 1. The City must comply with the Single Audit Act of 1984 and Office of Management and Budget (OMB) circular A-133, which aze hereby incorporated by reference and made a part of this agreement. 2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books, records, documents, and accounting procedures and practices of the City are subject to examination by the United States Government, Mn/DOT, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years. The City will be responsible for any costs associated with the performance of the audit G. SUBLETTING. The services of the City to be performed hereunder will not be assigned, sublet, or transferred unless written authority to do so is granted by Mn/DOT. This written consent will in no way relieve the City from its primary responsibility for performance of the work. Subcontractor agreements must contain all appropriate terms and conditions of this agreement. H. CLAIMS. The City will pay any and all lawful claims arising out of or incidental to the performance of the Preliminary Engineering Work, in the event that the federal government does not pay the same. In all events, the City will hold Mn/DOT harmless from any claims arising out of the Preliminary Engineering Work. II. DUTIES OF Mn/DOT. A. ACCEPTANCE. Mn/DOT accepts appointment as Agent of the City and will actin accordance herewith. B. AUTHORIZATION. Mn/DOT will make the necessary requests to the Federal Highway Administration for authorization of federal participation in the Preliminary Engineering Work, and reimbursements therefor under the terms of this agreement. C. PAYMENT. 1. Mn/DOT will receive the funds to be paid by the Federal Highway Administration for the Preliminary Engineering Work. 2. After review and approval of the payment request by Mn/DOT, Mn/DOT will reimburse the City from said funds for the eligible federal shaze of each payment request. 3. No more than 90% of the reimbursement due under this agreement will be paid until completion of the final audit and approval by Mn/DOT's authorized representative. (Mn/DOT Agreement No. 813») C:\Documents and settin~sUoshllyn\Loca1 Settings\Temp\1~7-363-021 Preliminary Engineering for a Project.doc 01/09/03 Pale ~ D. AUTHORITY. Mn/DOT may suspend unsatisfactory work, perform actions necessary to complete the Preliminary Engineering Work in a satisfactory manner, and/or withhold federal and/or state aid funds as may be appropriate, as provided in Minnesota Rules 8820.3000. E. INSPECTION. Mn/DOT, the Federal Highway Administration, or duly authorized representativestyill have the right to audit, evaluate and monitor the work performed under this agreement, and will have access to all books, records, and documents pertaining to the work hereunder, for a minimum of six years. III. AUTHORIZED REPRESENTATIVES. Each authorized representative will have responsibility to insure that all payments due to the other party are paid pursuant to the terms of this agreement. A. The City authorized representative for the purposes of administration of this agreement is Thomas Foley, Transportation Engineer, City of Richfield, 6700 Portland Avenue, Richfield, MN 55423-2599, phone 612.861.9791, or his successor. B. Mn/DOT's authorized representative for the purposes of administration of this agreement is Lynnette. Roshell, Project Development Engineer, Minnesota Department of Transportation, State Aid For Local Transportation, Mail Stop 500, St Paul, MN 55155, phone 651.282.6479, or her successor. IV. LIABILITY. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts of any others and the results thereof. Mn/DOT liability is governed by the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, and other applicable law. V. ASSIGNMENT. Neither the City nor Mn/DOT will assign or transfer any rights or obligations under this agreement without prior written approval of the other parry. VI. AMENDMENTS. Any amendments/supplements to this Agreement must be in writing, and must be executed by the same parties who executed the original agreement, or their successors in office. VII. TERM OF AGREEMENT. This agreement is effective upon execution by the appropriate State officials, pursuant to Minnesota Statutes Section 16C.OS, and will remain in effect for three (3) years from the effective date or until all obligations set forth in this agreement have been satisfactorily fulfilled, whichever occurs first. VIII. CANCELLATION. A. This agreement may be canceled by the City or Mn/DOT at any time, with or without cause, upon ninety (90) days written notice to the other party. Such termination will (Mn/DOT Agreement No. 843») C:\Documents and Settings\roshllyn\Local Settings\Temp\157-363-021 Preliminary Engineering for a Project.doc 01/09/03 Page 6 not remove any unfulfilled financial obligations of the City as set forth in this Agreement. In the event of such a cancellation the City will be entitled to reimbursement for eligible expenses incurred for work satisfactory performed on the Preliminary Engineering Work to the time of cancellation. B. In the event the State does not obtain funding from the Minnesota Legislature or other funding source, or funding cannot be continued at a sufficient level to allow for the processing of the federal aid reimbursement requests, the City may continue the work with local funds only, until such time as Mn/DOT is able to process the federal aid reimbursement requests. (bin/DOT Agreement No. 84350 C:\Documents and Settinos\roshl lyn\Local Settings\Temp\157-363-021 Preliminary Engineering for a Project.doc 01/09/03 Page 7 M W[TNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. 1. STATE ENCUMBRANCE VERIFICATION Individual certifes that funds have been encumbered as requir by ,~ ~ . Stat. 16 15 and 16C.05. By: ate• l ' ~ ~ „ZC.G ~ ~.~66~ CFMS Contract No. A- 2. CITY City certifies that the appropriate person(s) have executed the contract on behalf of the City as required by applicable articles, bylaws, resolutions, or ordinances. 3. DEPARTMENT OF TRANSPORTATION By: Title: Director. State Aid for Local Transportation Date: 4. COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By: By: Title: Date: By: Title: Date: 5. ATTORNEY GENERAL As to form and execution By: Date: (htn/DOT Agreement No. 84350 C:\Documents and Settings\roshllyn\Local Settings\Temp\157-363-021 Preliminary Engineering for a Project.doc 01/09/03 Page S AGENDA SECTION: ('.nnGPnt AGENDA ITEM # 4F REPORT # 5 h J STAFF REPORT CITY COUNCIL MEETING MARCH 11, 2003 STEVEN L. DEVICH REPORT PREPARED BY: ADMINISTRATIVE SERVICES DIRECTOR NAME, TITLE REPORT PRESENTER: NAME, DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution regarding an appointment to the Richfield Tourism Promotion Board. RECOMMENDED ACTION: By Motion: Adopt the attached resolution appointing Rhonda Osborne to the Richfield Tourism Promotion Board for athree-year term ending December 31, 2003. II. BACKGROUND On June 25, 1990 the City Council approved an ordinance to levy a 3% tax on gross receipts of lodging from Richfield Hotels and Motels pursuant to Minnesota Statutes. The establishment of the Richfield Tourism Promotion Board, Inc. (RTPB) and the appointment of directors were also a part of the resolution. Currently there are five director positions on the Board. The term of each appointment is for-three years and terms are staggered to maintain Board continuity. The current appointments to the Tourism Board and the ending dates of their terms are as follows: 031103 Tourism Bd Appt Americlnn 1. Catherine (Sulla) Reller, representing the Richfield Chamber of Commerce, term ending December 31, 2002. 2. Rebecca Ortega, General Manager of Candlewood Suites, term ending December 31, 2003. 3. Paul Skaiem General Manager of Americlnn, term ending December 31, 2003. 4. Robyn Goolsbey, Hampton Inn, term ending December 31, 2003. 5. Jerod Endersbe, General Manager of Motel 6, December 31, 2004. Paul Skaiem is the current Americlnn representative to the RTPB. Mr. Skaiem was appointed to the Board in September 2002 for the remainder of a three-year term. Mr. Skaiem was the General Manager of the Richfield Americlnn property but has now left that position and a new General Manager for the property has been selected. Rhonda Osborne is the new General Manager of the Richfield Americlnn property. Ms. Osborne was appointed in March 2003. The Americlnn has requested that she replace Mr. Skaiem for the remainder of his term on the RTPB. Historically, the Americlnn has had a representative on the RTPB and has been active in the Board. III. BASIS OF RECOMMENDATION A. POLICY • The City Council has the authority to make appointments to the RTPB. • Since inception, the RTPB has included an Americlnn representative. • Mr. Skaiem is no longer with Americlnn. • The Americlnn has submitted a request that Mr. Skaiem's position on the RTPB be filled by Ms. Osborne. B. CRITICAL ISSUES • A vacancy on the RTPB exists as of March 2003 and should be filled as soon as possible. C. FINANCIAL • There is no cost to the City. D. LEGAL • The appointment conforms to City Ordinance and bylaws of the RTPB. TERNATIVE RECOMMENDATION(S) The City Council could decide not to appoint Ms. Osborne to the RTPB. The City Council could choose to review this matter at a future date. I V . ATTACHMENTS I VL PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. RESOLUTION APPOINTING A REPRESENTATIVE TO THE BOARD OF DIRECTORS TO THE RICHFIELD TOURISM PROMOTION BOARD, INC. WHEREAS, the City of Richfield has levied a 3% tax on the gross receipts of lodging from hotels and motels in the City pursuant to Minnesota Statute Section 169.190; and WHEREAS, Minnesota Statute Section 169.190 authorizes the proceeds of the tax to fund a Tourism Promotion Board for the purpose of marketing and promoting the City as a tourist or convention center; and WHEREAS, the articles and bylaws of the Richfield Tourism Promotion Board, Inc. provide the City Council of the City of Richfield appoint five (5) directors to the Board representing the Richfield hotel-motel properties and the Richfield Chamber of Commerce; and WHEREAS, each director shall serve as a director until his or her successor has been appointed and has qualified, or until his or her earlier disqualification, death, resignation, or removal; and WHEREAS, the term of Paul Skaiem, the representative for the Americlnn, expires on December 31, 2003; and WHEREAS, Mr. Skaiem is no longer the General Manager of the Richfield Americlnn, and WHEREAS, the Richfield Americlnn. has submitted a request that Rhonda Osborne, their new General Manager, be appointed as their representative to the RTPB to complete the term ending December 31, 2003. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that the Richfield Tourism .Promotion Board directors be modified as follows: Appoint Rhonda Osborne, General Manager of the Richfield Americlnn, to the Richfield Tourism Promotion Board for the remainder of athree-year term ending December 31, 2003. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of March 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING MARCH 11, 2003 Consent 4D 55 REPORT PREPARED BY: STEVEN L. DEVICH ADMINISTRATIVE SERVICES DIRECTOR NAME, TITLE COUNCIL PRESENTER: NAM TITLE DEPARTMENT DIRECTOR REVIEW: r~. SIGNATURE REVIEWED BY CITY MANAGER: ~ ~~~ / , ~ ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution regarding an appointment to the Richfield Tourism Promotion Board I. RECOMMENDED ACTION: By Motion: Adopt a resolution appointing Russ Susag to the Richfield Tourism Promotion Board for athree-year term ending December 31.2005. III. BACKGROUND ~ On June 25, 1990 the City Council approved an ordinance to levy a 3% tax on gross receipts of lodging from Richfield Hotels and Motels. pursuant to Minnesota Statutes. The establishment of the Richfield Tourism Promotion Board, Inc. (RTPB) and the appointment of directors were also a part of the resolution. Currently there are five director positions on the Board. The term of each appointment is for three years and terms are staggered to maintain .Board continuity. The current appointments to the Tourism Board and the ending dates of their terms are as follows: 031103 Tourism Bd Appt 1. Catherine (Sulla) Reller, representing the Richfield Chamber of Commerce, term ending December 31, 2002. 2. Rebecca Ortega, General Manager of Candlewood Suites, term ending December 31, 2003. 3. Paul Skaiem General Manager of Americlnn, term ending December 31, 2003. 4. Robyn Goolsbey, Hampton Inn, term ending December 31, 2003. 5. Jerod Endersbe, General Manager of Motel 6, December 31, 2004. Catherine (Sulla) Reller is the current Chamber of Commerce representative to the RTPB. Ms. Reller was appointed to the Board in January 2000 for athree-year term. Her term has now expired and Ms. Reller has indicated that she does not wish to be re-appointed to the Board as the Chamber of Commerce representative for another three-year term. Russ Susag is a current member of the Chamber of Commerce and former City Council Member. Mr. Susag has expressed an interest in representing the Chamber of Commerce on the Tourism Board. He has been endorsed by the Chamber Board of Directors and they have forwarded a letter to the City requesting his appointment to the RTPB as their representative. III. BASIS OF RECOMMENDATION A. POLICY • The City Council has the authority to make appointments to the RTPB. • Since inception, the RTPB has included a Chamber of Commerce representative. • Ms. Reller is not interested in re-appointment to the RTPB. • The Chamber of Commerce has submitted a letter requesting Mr. Susag's appointment as the Chamber representative. B. CRITICAL ISSUES • A vacancy on the RTPB exists as of December 31, 2002 and should be filled as soon as possible. C. FINANCIAL • There is no cost to the City. D. LEGAL • The appointment conforms to City Ordinance and bylaws of the RTPB. ALTERNATIVE KECOMMENDATION(S) ~ • The City Council could decide not to appoint Mr. Susag to the RTPB. • The City Council could choose to review this matter at a future date. V . ATTACHMENTS ~ • Resolution. • Letter from Chamber of Commerce. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. RESOLUTION APPOINTING A REPRESENTATIVE TO THE BOARD OF DIRECTORS TO THE RICHFIELD TOURISM PROMOTION BOARD, INC. WHEREAS, the City of Richfield has levied a 3% tax on the gross receipts of lodging from hotels and motels in the City pursuant to Minnesota Statute Section 169.190; and WHEREAS, Minnesota Statute Section 169.190 authorizes the proceeds of the tax to fund a Tourism Promotion Board for the purpose of marketing and promoting the City as a tourist or convention center; and WHEREAS, the articles and bylaws of the Richfield Tourism Promotion Board, Inc. provide the City Council of the City of~Richfield appoint five (5) directors to the Board representing the Richfield hotel-motel properties and the Richfield Chamber of Commerce; and WHEREAS, each director shall serve as a director until his or her successor has been appointed and has qualified, or until his or her earlier disqualification, death, resignation, or removal; and WHEREAS, the term of Catherine (Sulla) Reller, the representative for the Chamber of Commerce, expired on December 31, 2002; and WHEREAS, Ms. Reller has indicated she is not interested in re-appointment to another three-year term; and WHEREAS, the Richfield Chamber of Commerce has submitted a written request that Mr. Susag be appointed as their representative to the RTPB. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that the Richfield Tourism Promotion Board directors be modified as follows: Appoint Russ Susag, Richfield Chamber of Commerce, to the Richfield Tourism Promotion Board for athree-year term ending December 31, 2005. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of March 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk ichfield CHAMBER OF COMMERCE March 3, 2003 The Honorable Mayor of Richfield Martin J. Kirsch 6700 Portland Avenue South Richfield, MN 55423 Dear Mayor Kirsch: The Richfield Tourism Promotion Board (RTPB) has been fortunate the past three years to have Cathy Sulla serving as President. In fact, the Richfield Chamber of Commerce has been most ably represented on the RTPB first by Larry Zielke for nine years and Cathy Sulla these past three years. We believe the RTPB has served an extremely valuable service to the community of Richfield. Due to the decision by Cathy to not seek another term on the RTPB, the Chamber Board of Directors has considered this matter with great care. Fortunately, Dr. Russ Susag has agreed to serve a term on the board should the Richfield City Council see fit to appoint him to a three year term. Please accept this letter as a recommendation for this annointment of Russ to the Richfield Tourism Promotion Board. PRESIDENT SL:cs cc: Mr. Marv Bjugan Mrs. Cathy Reller "Serving Richfield Since 1955" 6601 LYNDALE AVENUE SOUTH, SUITE 106 RICHFIELD, MN 55423 TELEPHONE: (612) 866-5100 www. RichfieldChamberCVB.org AGENDA SECTION: Consent AGENDA ITEM # 4C REPORT # 5 4 STAFF REPORT CITY COUNCIL MEETING MARCH 11, 2003 REPORT PREPARED BY: KEVIN MCGINTY, FIRE SERVICES DIRECTOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution supprting House File #693 -Legislative initiative to allow a Fire De artment based ambulance service. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution supporting Legislative action to allow Richfield Fire Department to establish an ambulance service. II. BACKGROUND • Current State Statute makes it difficult, if not impossible, for cities to acquire their primary service area to begin ambulance service to residents. • As previously discussed in prior City Council Worksessions, it would be beneficial to the City of Richfield. and its residents if the Fire Department were allowed to provide the ambulance service to the City. This would require some modification to State Statutes. The City Council has directed staff to work toward the goal of establishing a Fire Department based ambulance service. 0311 ambulance III. BASIS OF RECOMMENDATION A. POLICY • In order for City staff to testify at the Legislature in support of this House File, it is appropriate to have the support of the City Council in the form of a resolution. B. CRITICAL ISSUES • It is important for legislators to be assured the City Council is in support of this legislative initiative. C. FINANCIAL • None D. LEGAL • None IV. ALTERNATIVE RECOMMENDATION(S~ • None V. ATTACPIMENTS • Resolution House File #693 VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION AUTHORIZING SUPPORT OF LEGISLATION ALLOWING RICHFIELD FIRE DEPARTMENT TO ESTABLISH AN AMBULANCE SERVICE WHEREAS, the City Council of the City of Richfield finds that providing an ambulance service would be beneficial to the citizens of Richfield by providing quicker response times and more effective use of personnel; and WHEREAS, the City of Richfield should be allowed to provide an ambulance service as it is allowed to provide other public safety services; and WHEREAS, the City Council recognizes it would be fair and equitable for the Richfield Fire Department to implement this service as other municipalities have been; and WHEREAS, the City Council believes special legislation is required to allow the City of Richfield to acquire jurisdiction to provide an ambulance service. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield supports legislation to achieve this objective, specifically House File #693 of the 83rd Legislative Session (2003-3004). Adopted by the City Council of the City of Richfield, Minnesota this 11th day of March, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk H.F No. 693, as introduced Page 1 of 1 ~:.~gtsur~t:~1~: ~ ~~3~-~.1~~~p ~ E~~k~ ~atha~ ~la~r~e1 ~~` KEY: ~ = old language to be removed underscored = new language to be added NOTE: If you cannot see any difference in the key above, youneed to change the dis.~lav of stricken and/or underscored language. Authors and Status ^ List versions H.F No. 693, as introduced: 83rd Legislative Session (2003-2004) Posted on Mar 3, 2003 1.1 A bill for an act 1.2 relating to health; exempting certain municipally 1.3 operated ambulance services from certain license 1.4 application requirements; proposing coding for new law 1.5 in Minnesota Statutes, chapter 144E. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE. STATE OF MINNESOTA: 1.7 Section 1. [144E.115] [MUNICIPALLY OPERATED AMBULANCE 1.8 SERVICES.] 1.9 (a) Except for the submission of a written application to 1.10 the board under section 144E.11, subdivision 1, a municipality 1.11 seeking a license to offer ambulance service is exempt from 1.12 section 144E.11, if the municipality: 1.13 (1) is located within the metropolitan area, as defined 1.14 under section 403.02, and has a population of at least 15,000 1.15 but no more than 50,000 persons, as determined by the most 1.16 recent decennial census; 1.17 (2) has more than 400 persons over the age of 65 per square 1.18 mile, as determined by the most recent decennial census; and 1.19 (3) operates the ambulance service for which it seeks 1.20 licensure through a nonvolunteer municipal fire department. 1.21 (b) The board shall grant a license to a municipality that 1.22 meets the requirements of this section within 30 days after 1.23 receiving the municipality's written application. 1.24 (c) Notwithstanding section 144E.07, subdivision 3, if, at 1.25 the time a license is granted under this section, the primary 2.1 service area of an existing ambulance service overlaps with the 2.2 geographical boundaries of the municipality, the board shall 2.3 direct the existing ambulance service to withdraw service 2.4 coverage from that portion of the primary service area that 2.5 overlaps with the geographical boundaries of the municipality. 2.6 Sec. 2. .[EFFECTIVE DATE.) 2.7 Section 1 is effective the day following final enactment. AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 4 B REPORT # 5 "i STAFF REPORT CITY COUNCIL MEETING MARCH 11, 2003 REPORT PREPARED BY: STEVEN L. DEVICH ADMINISTRATIVE SERVICES DIRECTOR NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Setting a date for the 2003 Local Board of Equalization. I. RECOMMENDED ACTION: By Motion: Establish Tuesday, April 29, 2003 as the date for the 2003 Local Board of Equalization. II. BACKGROUND State Statutes provide that each County Assessor establish a date for local Boards of Review each year, for the purpose of reviewing the assessment of property within each respective city in the county. These meetings are to be held between March 1 and May 31 and must be preceded by at least 10 days published notice before the date of the first meeting. The Board of Review (Equalization) must complete its work within 20 days of the first local board meeting each year, unless the Commissioner of Revenue approves a longer period of time. However, the commissioner will not issue an extension past May 31. 0311 board of equal The County Assessor has recommended Tuesday, April 29, 2003 as the date of the 2003 Local Board of Equalization meeting for Richfield. The meeting will be scheduled to begin at 6:30 p.m. Approximately a month prior to the Local Board meeting, the Administrative Services Director and staff of the Hennepin County Assessor's office assigned to Richfield will brief Council Members on the Board of Equalization process and of typical cases that may come before the Board. III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield has historically held its Board of Equalization meetings on either the last Tuesday (Monday) of April or the first Tuesday (Monday) in May of each year. B. CRITICAL ISSUES • Richfield's date should be established by the City Council in March to enable the County Assessor to complete the scheduled calendar of local board dates as soon as possible. C. FINANCIAL • None D. LEGAL • Minnesota Statute 274.01 provides that County Assessors establish Board of Equalization dates for local boards within their respective jurisdictions. IV. ALTERNATIVE RECOMMENDATION(S~ • Select a different date, such as the first Tuesday in May, if it is available. • Postpone consideration of setting a date to a future meeting. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: Consent AGENDA ITEM # 4A REPORT # 5 STAFF REPORT CITY COUNCIL MEETING MARCH 11, 2003 BRUCE SYLVESTER, REPORT PREPARED BY: PLANNING & ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ ~~',~ SIGNATURE REVIEWED BY CITY MANAGER: ~ ~~~ , ~ .~ / ,~ , ITEM FOR COUNCIL CONSIDERATION: Continuation of a second reading of an ordinance amendment to Richfield City Code Section 820.05 re ardin le al notice re uirements for vacatin ublic ri ht-of wa . I. RECOMMENDED ACTION: By Motion: Continue second reading of an ordinance amendment to Richfield City Code Section 820.05 regarding legal notice requirements for vacating public right-of way to the March 25 City Council meeting. II. BACKGROUND Second reading and adoption of this proposed ordinance amendment require a vote of four Council Members to approve. There will only be three Council Members in attendance at the March 11, 2003 City Council meeting, so this item must be continued. to the March 25 meeting, at which there should be at least four Council Members present. 0311-2ndRead-VacateROW-Continuance.doc III. BASIS OF RECOMMENDATION A. POLICY • N/A B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Continue the second reading to a different date. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A