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02-12-02 agendaCITY OF RICHFIELD, MINNESOTA TUESDAY, FEBRUARY 12, 2002 .SPECIAL CITY COUNCIL WORKSESSION COUNCIL CHAMBERS 5:30 P.M. AGENDA Call to order Roll call I. Update regarding budget reduction process II. Presentation of I-494 Cedar/France Subarea Travel Demand Management Study by Hennepin County Department of Transit and Community Works III. Discussion of proposed false alarm fee adjustment IV. Discussion of posted notices for community meetings attended by City Council Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6:30 P.M. ~~ AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open Forum (15 minutes maximum) Each speaker is asked to complete a speaker's form and provide it to a staff member. Speakers are also asked 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. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Meeting of January 16, 2002; (2) Special City Council Meeting of January 17, 2002; (3) Special City Council Meeting of January 22, 2002; (4) Special City Council Worksession of January 22, 2002; and (5) Regular City Council Meeting of January 22, 2002 2002; (4) Special City Council Worksession of January 22, 2002; and (5) Regular City Council Meeting of January 22, 2002 ~_. PRESENTATIONS Presentation of Richfield Public Safety Departmental Commendation for Officer of the Year 2001 to Police Officer Christopher Seehuetter 2. Recognition of Bill Brusman for his service as member of Richfield Tourism Promotion Board _ _. 3. Presentation by Michael Rentz, Researcher with Hubert F~. Hump~karey tnstifute of Public Affairs, regarding Curbing Congestion -Improving Traffic Flow, Transit and Transportation Funding through Value Pricing COUNCIL DISCUSSION • Council attendance at community meetings Notes: AGENDA APPROVAL 4. Council approval of agenda CONSENT CALENDAR 5. Consent Calendar contains several separate items which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of resolution supporting adequate 9-1-1 emergency telephone system funding S.R. No. 30 B. Consideration of approval of first reading of transitory ordinance providing for expenditure of funds from Special Revenue Fund for certain capital improvements and schedule public hearing and second reading for March 12, 2002 S.R. No. 31 C. Consideration of approval of resolution authorizing application for 2002 Municipal Recycling Grant from Hennepin County and signing of 2002 recycling contract S.R. No. 32 D. Consideration of approval of resolution appointing Robyn Goolsbey to Richfield Tourism Promotion Board for unexpired portion of three-year term ending December 31, 2003 S.R. No. 33 E. Consideration of approval of amended transitory ordinance vacating right-of--way for former West 77-1 /2 Street at Shops at Lyndale S.R. No. 34 F. Consideration of approval of bid minutes/tabulation and purchase of high velocity cleaner and chassis from Flexible Pipe Tool Company in amount of $105,523.40 S.R. No. 35 G. Consideration of approval of purchase of Elgin street sweeper from Mac Queen Equipment, Inc. in amount of $104,195.34 S.R. No: 36 PUBLIC HEARING 6. Public hearing and second reading of transitory ordinance authorizing planning, design and execution of Phase One of Outdoor Pool Renovation Project with estimated project cost of $820,531 Staff Report No. 37 Notes: PROPOSED ORDINANCE 7. Consideration of first reading of transitory ordinance authorizing planning, design and execution of Phase Two of Outdoor Pool Renovation Project with estimated cost of $1,549,861 and schedule public hearing and second reading for March 12, 2002 Staff Report No. 38 Notes: RESOLUTIONS 8. Consideration of resolution authorizing agreement with Minnesota Department of Transportation for cost sharing of irrigation system construction and other associated construction upon and along I-35W from 76th Street to 66th Street in estimated amount of $26,187.84 Staff Report No. 39 Notes: 9. Consideration of resolution: • Designating member of Richfield Community Human Services Council as City's representative to Hennepin South Services Collaborative Coordination Advisory Team • Appointing_member_.of Richfield..Community.Human_~encices.Planaing,.C~uncil_#o a two year term Staff Report No. 40 Notes: 10.Consideration of resolution awarding sale of $1,460,000 General Obligation Capital Notes, Series 2002A n Staff Report No. 41 " Notes: PUBLIC HEARING 11. Public hearing and consideration of: • Supplement to Amended Stipulation Agreement with Century Court Apartments • Second reading of transitory ordinance authorizing conveyance of remnant parcel to Century Court Apartments Staff Report No. 42 Notes: OTHER BUSINESS 12. Consideration of license agreement between Best Buy Co., Inc. and City of Richfield to allow Best Buy to construct and use parking area within future I-494 right of way Staff Report No. 43 Notes: '~ 13. Consideration of master Bloomington-Richfield water main agreement Staff Report No. 44 Notes: 14. Consideration of easement agreement between ..Best Buy Co., Inc., City of Bloomington and City of Richfield Staff Report No. 45 Notes: 15. City Manager's report ~~ Notes: ~~ ; 16. 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 asked to complete a speaker's form and provide it to a staff member. Speakers are also asked 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. Notes: 17.Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 612-861-9702. AGENDA SECTION: Other Business AGENDA ITEM # \ / REPORT # \ STAFF REPORT ~ CITY COUNCIL MEETING FEBRUARY 12, 2002 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: JIM OLSON, PROJECT ENGINEER NAME, TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of easement agreement between Best Buy, the City of Bloomington and the City of Richfield. I. RECOMMENDED ACTION: By Motion: Approve the attached Easement Agreement between Best Buy Co., Inc., the City of Bloomington and the City of Richfield and authorize the Mavor and Citv Manager to execute the Agreement. ~ II. BACKGROUND ~ On January 8, 2002 the City Council conducted a public hearing and adopted Resolution No. 9138 granting final approval of a subdivision for Opus Northwest and the Best Buy campus. To file the plat resulting from that action, it is necessary that an easement agreement be in place. The proposed easement agreement between Best Buy, the City of Bloomington and the City of Richfield relates to water, wastewater and storm sewer utilities and facilities. III. BASIS OF RECOMMENDATION A. POLICY 021266easement • The City's existing lift station on Knox Avenue is kept in the public right-of-way rather than being incorporated into the platted area. • The necessary utility easements are established on the plat, with the exception of a sidewalk easement along 76th Street and along Penn Avenue from 76th Street to the new Best Buy entrance. The county does not allow dedication of sidewalk easements in a plat (as opposed to right of way), and Best Buy has agreed to separately convey that sidewalk easement to the City. B. CRITICAL ISSUES • The easements for water main, sanitary sewer and storm sewer shown along the westerly, southerly and easterly perimeters of Lot 1 must be recorded prior to or simultaneously with the recording of the plat. • The proposed Agreement is being submitted simultaneously to the parties involved. C. FINANCIAL - • Approval of the Easement Agreement will allow filing of the plat. This, in turn, will facilitate the transfer of outlots A (former Buick Isuzu site), B (former BMW Motorwerks site) and C (former McCarthy site) and make available additional funds for. the Penn Avenue Bridge project. D. LEGAL • The attorneys and staff of Best Buy, the City of Bloomington and the City of Richfield have worked together to finalize the Easement Agreement. IV. ALTERNATIVE RECOMMENDATION(S~ • Approve the Easement Agreement with revisions. • Do not approve the Easement Agreement. V. ATTACHMENTS • Easement Agreement between Best Buy Co., Inc., the City of Bloomington and the City of Richfield. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 2/4/02 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (this "Agreement's is made as of the day of 2001, by and between BEST BUY CO., INC., a Minnesota corporation ("Best Buy's, the CITY OF BLOOMINGTON, IvEIVNESOTA, a Minnesota municipal corporation ("Bloomington', and the CITY OF RICHFIELD, MINNESOTA, a Minnesota municipal corporation ("Richfield'. RECITALS A. Best Buy owns certain real property in the City of Richfield, County of Hennepin and State of Minnesota legally described on Exhibit A attached hereto (the "Property"). B. Best Buy desires to grant to Bloomington a water main easement in, under and upon that certain portion of the Property legally described on Exhibit B attached hereto (the "Bloomington Easement Area"), pursuant to the terms and conditions described herein. C. Best Buy desires to grant to Richfield a water main easement in, under and upon that certain portion of the Property legally described on Exhibit C attached hereto (the "Richfield Water Main Easement Area', pursuant to the terms and conditions described herein. D. Best Buy .also desires to grant to Richfield a sanitary sewer line easement in, under and upon that certain portion of the Property legally described on Exhibit D attached hereto (the "Richfield Sanitary Sewer Easement Area"), and a storm sewer easement in, under and upon that certain portion of the Property legally described on Exhibit E attached hereto (the "Richfield Storm Sewer Easement Area"). NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: Bloomington Water Main Easement. 1.1 Water Main Easement Grant. Best Buy hereby grants, bargains, sells and conveys to Bloomington, its successors and assigns, an exclusive, perpetual easement at all times to inspect, protect, operate, maintain, alter, abandon, relocate, repair, replace, substitute and remove a water pipeline and appurtenances thereto (the "Bloomington Water Facilities") in, under and upon the Bloomington Easement Area. This grant of an easement shall include the right of Bloomington to ingress and egress to and from the Property for the purpose of inspecting, protecting, operating, maintaining, altering, abandoning, relocating, repairing, replacing, substituting and removing the Bloomington Water Facilities from the Bloomington Easement Area. n 1.2 Non-Interference. Best Buy agrees that it will not interfere with Bloomington's operation of the Bloomington Water Facilities or Bloomington's easement rights hereunder. Best Buy agrees that it will not encroach upon the Bloomington Easement Area, nor permit others to do so, by the erection or construction therein of any`buildings, permanent enclosures, trees; monument signs, landscaping structures with footings below ground level, other improvements with footings below ground level, or any underground utilities, except as provided for in Sections 1.3 through 1.5 of this Agreement. 1.3 Reservation of lti hg`ts. Subject to the provisions set forth herein, Best Buy hereby reserves the following rights: 1.3.1 Best Buy reserves the right to use the surface of the Bloomington Easement Area for gardens, shrubs, landscaping, curbing, gutters, sidewalks, parking and paving, or any other improvement, except as previously excluded herein. 1.3.2 Best Buy also reserves the right to place up to four rigid steel conduits, each up to six inches in diameter, across that certain portion of the Bloomington Easement Area 2 depicted on Exhibit F attached hereto, for the purpose of providing telephone, electric, and (-) other utility services to the improvements located on the Property, provided, however, that (i) such conduits shall be of steel construction or other material acceptable to Bloomington, (ii) such conduits and all facilities related thereto shall be at a depth not more than three feet below the ground surface of the Property, (iii) Best Buy shall give Bloomington not less than 48 hours advance notice of the installation of such rigid steel conduits, and (iv) after such installation, Best Buy shall provide to Bloomington an "as built" survey showing the location of the Bloomington Water Facilities and such rigid steel conduits. 1.3.3 Best Buy also reserves the right to place conduits in, under and upon the Bloomington Easement Area for the purposes of providing electrical lines to parking lot light poles and water lines for a sprinkler system on the Property, provided that such conduits and all facilities related thereto shall be a depth not more than two feet below the ground surface of the Property. 1.3.4 Best Buy also reserves the right to place private sanitary sewer and storm sewer pipelines within that certain portion of the Bloomington Easement Area depicted on Exhibit F attached hereto, provided that (i) such pipelines shall be installed and at all times maintained not less than eighteen (18) inches below the Bloomington Water Facilities, measured from the top of such pipelines to the bottom of the~Bloomington Water Facilities, or, in the alternative, not less thantwenty-four (24) inches above the Bloomington Water Facilities, measured from the top of the Bloomington Water Facilities to the bottom of such pipelines; (ii) Best Buy shall give Bloomington not less than 48 hours advance notice of the installation of such pipelines, and (iii) after such installation, Best Buy shall provide to Bloomington an "as built" survey showing the location of the Bloomington Water Facilities and such pipelines. 1.3.5 Best Buy also reserves the right to place natural gas utility pipelines and conduits with electrical lines serving the improvements on the Property within that certain portion of the Bloomington Easement Area depicted on Exhibit F attached hereto, provided that (i) such pipelines and conduits shall be installed and at .all times maintained not less ('~ than twenty-four (24) inches above the Bloomington Water Facilities, measured from the 3 top of the Bloomington Water Facilities to the bottom of such pipelines and conduits, (ii) Best Buy shall give Bloomington not less than 48 hours advance notice of the installation of such pipelines and conduits, and (iii) after such installation, Best Buy shall provide to Bloomington an "as built" survey showing the location of the Bloomington Water Facilities and such pipelines and conduits. 1.4 Richfield Right to Lay Sewer Lines and Water Main. Best Buy reserves the right to grant the easements provided for in this Agreement to Richfield as provided for in Section 2 of this Agreement. Best Buy also reserves the right to grant to Richfield a 5-foot wide sidewalk easement by separate instrument, along or near the northerly boundary of the Property. Best Buy further reserves the right to dedicate to the public additional right of way for 76"' Street and Penn Avenue in any future plat of the Property. Richfield agrees that it will not interfere with the operation of the Bloomington Water Facilities or with Bloomington's easement rights except as provided in this Agreement. With respect to areas of the Bloomington Easement Area and Bloomington Water Facilities lying therein that may also be within street right of way dedicated to the public by plat, the obligations and relationships of Richfield and Bloomington with respect to each other's facilities shall be governed by the separate agreements of the two cities. When maintaining or repairing the Richfield Water Main Facilities, the Richfield Sanitary Sewer Facilities or the Richfield Storm Sewer Facilities (as those terms are defined in Section 2.5 of this Agreement), Richfield agrees to adequately support and protect the Bloomington Water Facilities at Richfield's cost. 1.5 Metropolitan Council Right to Erect Enclosed Bus Shelter. Best Buy reserves the right to permit the Metropolitan Council to construct and maintain a bus shelter on the surface of the Bloomington Easement Area in the area shown on Exhibit G attached hereto, subject to the requirements of this Section 1.5. In order to access the Bloomington Water Facilities pursuant to this Agreement, Bloomington shall have the right to require the Metropolitan Council to move such bus shelter to another location agreed upon by Best Buy, the Metropolitan Council and Bloomington, at the Metropolitan Council's sole cost and expense. Furthermore, by constructing a bus shelter on the surface of the Bloomington Easement Area, the Metropolitan 4 Council agrees to release and hold harmless Bloomington from and against any damage to said bus '~ ') shelter in the event Bloomington exercises its rights under this Agreement to gain access to the Bloomington Water Facilities or to require the Metropolitan Council to move such bus shelter to another location. 1.6 Damage to Water Facilities. Best Buy will not perform or undertake, or permit others to perform or undertake, any activity that could damage or restrict the use of the Bloomington Water Facilities in the Bloomington Easement Area. 1.7 Due Care. Bloomington shall at all times exercise due care and diligence to avoid injury or damage to buildings, and other personal property of Best Buy. 2. Richfield Water Main, Sanitary Sewer and Storm Sewer Easements. 2.1 Water Main Easement Grant. Best Buy hereby grants, bargains, sells and conveys to Richfield, its successors and assigns, an exclusive, perpetual easement at all times to inspect, protect, operate, maintain, alter, abandon, relocate, repair, replace substitute and remove underground lines, pipes and related water main facilities and appurtenances thereto (the "Richfield Water Facilities") in, under and upon the Richfield Water Main Easement Area. This grant of an easement shall include the right of Richfield to ingress and egress to and from the Property for the purpose of inspecting, protecting, operating, maintaining, altering, abandoning, relocating, repairing, replacing, substituting and removing the Richfield Water Facilities from the Richfield Water Main Easement Area. 2.2 Sanitary Sewer Easement Grant. Best Buy hereby grants, bargains, sells and conveys to Richfield, its successors and assigns, an exclusive, perpetual easement at all times to inspect, protect, operate, maintain, alter, abandon, relocate, repair, replace, substitute; and remove underground lines, pipes and related sanitary sewer facilities and appurtenances thereto (the "Richfield Sanitary Sewer Facilities"), in, under and upon the Richfield Sanitary Sewer Easement Area. This grant of an easement shall include the right of Richfield to ingress and egress to and from the Property for the purpose of inspecting, protecting, operating, maintaining, altering, abandoning, relocating, repairing, replacing, substituting and removing the Richfield Sanitary Sewer Facilities from the Richfield Sewer Easement Area. 5 2.3 Storm Sewer Easement Grant. Best Buy hereby grants, bazgains, sells and conveys to Richfield, its successors and assigns, an exclusive, perpetual easement at all times to inspect, protect, operate, maintain, alter, abandon, relocate, repair, replace, substitute and remove underground lines, pipes and related storm sewer facilities and appurtenances thereto (the "Richfield Storm Sewer Facilities"), in, under and upon the Richfield Storm Sewer Easement Area. This grant of an easement shall include the right of Richfield to ingress and egress to and from the Property for the purpose of inspecting, protecting, operating, maintaining, altering, abandoning, relocating, repairing, replacing, substituting and removing the Richfield Storm Sewer Facilities from the Richfield Storm Sewer Easement Area. 2.4 Non-Interference. Best Buy agrees that it will not interfere with Richfield's operation of the Richfield Water Main Facilities, the Richfield Sanitary Sewer Facilities, the Richfield Storm Sewer Facilities or Richfield's easement rights under this Agreement. Best Buy agrees that it shall not encroach upon the Richfield Water Main Easement Area, the Richfield Sanitary Sewer Easement Area or the Richfield Storm Sewer Easement Area, nor permit others to do so, by the erection or construction therein of any buildings, permanent enclosures, trees, ~ monument signs, landscaping structures with footings below ground level, other improvements with footings below ground level, or any underground utilities, except as provided for in Sections 2.5 and 2.6 of this Agreement or as approved by the Richfield city engineer. 2.5 Reservation of Rights. Subject to the provisions set forth herein, Best Buy hereby reserves the following rights: 2.5.1 Best Buy reserves the right to use the surface of the Richfield Water Main Easement Area, the Richfield Sanitary Sewer Easement Area and the Richfield Storm Sewer Easement Area for gardens, shrubs, landscaping, curbing, gutters, sidewalks, parking and paving, or any other improvement, except as previously excluded herein. 2.5.2 Best Buy also reserves the right to place up to four rigid steel conduits, each up to six inches in diameter, within the Richfield Water Main Easement Area, for the purpose of providing telephone, electric, and other utility. services to the improvements on the Property, provided that such conduits and all facilities related thereto shall be at a depth ' not more than three feet below the ground surface of the Property. 6 2.5.3 Best Buy also reserves the right to place conduits in, under and upon the Richfield Water Main Easement Area, the Richfield Sanitary Sewer Easement Area and the Richfield Storm Sewer Easement Area for the purposes of providing electrical lines to parking lot light poles and water lines for a sprinkler system on the Property, provided that such conduits and all facilities related thereto shall be at a depth not more than two feet below the ground surface of the Property. 2.5.4 Best Buy also reserves the right to place private sanitary sewer and storm sewer pipelines within the Richfield Water Main Easement Area, the Richfield Sanitary Sewer Easement Area and the Richfield Storm Sewer Easement Area, provided that such pipelines shall be installed and at all times maintained not less than eighteen (18) inches below the Richfield Water Facilities, the Richfield Sanitary Sewer Facilities or the Richfield Storm Sewer Facilities (as the case may be), measured from the top of such pipelines to the bottom of the relevant Facilities, or, in the alternative, not less than twenty-four (24) inches above the Richfield Water Facilities, the Richfield Sanitary Sewer Facilities or the Richfield Storm Sewer Facilities (as the case maybe), measured from the top of the relevant Facilities to the bottom of such pipelines, (ii) Best Buy shall give Richfield not less than 48 hours advance notice of the installation of such pipelines, and (iii). after such installation, Best Buy shall provide to Richfield on an "as built" survey showing the location of the Richfield Water Facilities, the Richfield Sanitary Sewer Facilities, the Richfield Storm Sewer Facilities and such pipelines. 2.5.5 Best Buy also reserves the right to place electrical lines and natural gas utility pipelines serving the improvements on the Property within the Richfield Water Main Easement Area, the Richfield Sanitary Sewer Easement Area and the Richfield Storm Sewer Easement Area, provided that (i) such lines and pipelines shall be installed and at all times maintained at a safe and appropriate distance from the relevant Facilities, (ii) Best Buy shall give Richfield not less than 48 hours advance notice of the installation of such lines and pipelines, and (iii) after such installation, Best Buy shall provide to Richfield an "as built" survey showing the location of the relevant Facilities and such lines and pipelines. 7 2.6 Bloomington Ri t to Lay Bloomington Water Main Facilities. Best Buy -~ reserves the right to grant an easement to Bloomington as provided for in Section 1 of this Agreement. Bloomington agrees that it will not interfere with the operation of the Richfield Water Main Facilities, the Richfield Sanitary Sewer Facilities or the Richfield Storm Sewer Facilities, or with Richfield's easement rights except as provided for in this Agreement. Bloomington further agrees that it will not interfere with the public sidewalk facilities to be installed by Richfield along or near the northerly boundary of the Property pursuant to a separate easement instrument to be given by Best Buy in favor of Richfield. When maintaining or repairing the Bloomington Water Main Facilities, Bloomington agrees to adequately support or protect the Richfield Water Main Facilities, the Richfield Sanitary Sewer Facilities or the Richfield Storm Sewer Facilities at its cost. Bloomington further agrees to repair or replace at its cost sidewalk facilities installed within the sidewalk easement to be granted to Richfield if the facilities are damaged as a result. of Bloomington's maintenance or repair activities to the Bloomington Water Main Facilities 2.7 Placement Restrictions for Richfield Sanitary Sewer Facilities and Richfield Storm Sewer Facilities. The Richfield Sanitary Sewer Easement Area and the Richfield Storm Sewer Easement Area cross the Bloomington Easement Area. In order to maintain an adequate distance between the Bloomington Water Facilities and the Richfield Sanitary Sewer Facilities and the Richfield Storm Sewer Facilities, the following placement restrictions shall apply: (a) The Richfield Sanitary Sewer Facilities shall be installed and at all times maintained not less than eighteen (18) inches below the Bloomington Water Facilities, measured-from the top of the Richfield Sanitary Sewer Facilities to the bottom on of the Bloomington Water Facilities; and (b) The Richfield Storm Sewer Facilities shall be installed and at all times maintained not less than twenty-four (24) inches above the Bloomington Water Facilities, measured from the top of the Bloomington Water Facilities to the bottom of the Richfield Storm Sewer Facilities. 2.8 Shared Area Restriction. A portion of the Richfield- Water Main Easement - - Area is parallel and overlaps with a portion of the Bloomington Easement Area. This azea of 8 overlap (the "Shared Easement Area") is depicted on Exhibit. G attached hereto. Bloomington ~" and Richfield agree to preserve a horizontal distance of not less than ten feet (the "No Build Area") between the Bloomington Water Facilities and the Richfield Water Main Facilities, measured from the closest edge of the Bloomington Water Facilities to the closest edge of the Richfield Water Main Facilities. Neither Bloomington nor Richfield shall build, lay, construct or place any item within the No Build Area, but either Bloomington or Richfield may utilize the Shared Easement Area to gain access to the Bloomington Water Main Facilities or the Richfield Water Main Facilities, as the case may be, for inspection, maintenance, replacement, substitution and removal purposes. 2.9 Damage to Richfield's Property. Best Buy will not perform or undertake, or permit others to perform or undertake, any activity that could damage or restrict the use of the Richfield Water Main Facilities, the Richfield Sanitary Sewer Facilities or the Richfield Storm Sewer Facilities. 2.10 Due Care. Richfield shall at all times exercise due care and diligence to '~ avoid injury or damage to buildings, and other personal property of Best Buy. . 3. Miscellaneous. 3.1 Leal Title. Best Buy promises and warrants that it has legal and fee title to the Property, and has the right, without title restriction, to execute and deliver this instrument. 3.2 Easements Run with the Land.. The terms and provisions of this instrument shall run with the land, and shall extend to and be binding upon Best Buy, Best Buy's heirs, legal representatives, successors, and assigns. 3.3 Entire Agreement. This Agreement embodies the entire agreement and understanding between Best Buy, Bloomington and Richfield, and supersedes any prior oral or written agreements, relating to the subject matter covered by this Agreement. 3.4 Agreement Severable. If this Agreement or any term of this Agreement or any application thereof shall be invalid or unenforceable, the remainder of this Agreement and any other application of such termination shall not be affected. 9 3.5 Headings. The headings used herein are included only for convenience of Y " reference and shall be disregarded in the construction and interpretation of this Agreement. 3.6 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. [Signature Pages to Follow] n t` ,' 10 IN WITNESS WHEREOF, the parties hereto have caused these presents to be made as of the date and yeaz first above written. BEST BUY CO., INC. By Its STATE OF MINNESOTA COUNTY OF ss T'he foregoing instrument was acknowledged before me this 2001, by ,the Minnesota corporation, on behalf of the corporation. . day of , of Best Buy Co., Inc., a Notary Public 11 CI Reviewed and approved: By City A orney By ~~fihg .-, STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this s day of 200 by C~ W i y~s{ew~ and (A (Jt.~ the Mayor and t~.~ty Manager, respectively, of the City of Bloomington, Minnesota municipal corporation, on e f of the municipal corporation. _ =' ' ERIC R. BERG _~ NOTAF.Y PUBLIC ~ F.!.NNESOFA' ~~~~ My Comm. =xo~reS Jai 37 2005 .,.•'~.. 5;,. Notary 12 Reviewed and approved: City Attorney CITY OF RICHFIELD, MINNESOTA By Its Mayor By Its City Manager STATE OF MINNESOTA ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2001, by and ,the Mayor and the City Manager, respectively, of the City of Richfield, a Minnesota municipal corporation, on behalf of the municipal corporation. e Notary Public ~ 1 _____- TTENTION COUNTY RECORDER: Please mail this document subsequent to recording to: Eric Berg, Esq. Office of the Bloomington City Attorney City of Bloomington 2215 West Old Shakopee Road Bloomington, MN 55431 THIS INSTRUMENT WAS DRAFTED BY: Paul S. Moe Faegre & Benson, LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 (12) 766-7000 M1:779526.10 13 EXIIIBIT A Leal Description of the Property Those parts of the following described property: All of "McHARDY'S ADDITION", Blocks 1 and 2, JUNGELL AND JOHNSEN'S FIRST ADDITION, Block 1, A.N. TACK'S FIRST ADDITION, all according to the recorded plats thereof, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17, Block 1, Jacobsen and Quist Third Addition, according to the recorded plat thereof, Hennepin County, Minnesota. (See Certificates of Title Nos. 242394, 306657, 592547, 755556, 865142, 694029, 691273, 760398, 800933, 392834, 241945, .1040745, 543374, 788793, 857409, 802867, 249485, 787556, and 747712.) Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9, Block 1, Robert Weber's First Addition, according to the plat thereof on file or of record in the office of the Registraz of Titles in and for Hennepin County, Minnesota. (See Certificates of Title Nos. 689688, 823944, 1029198, 807204, 800943, 794970, 754963, 390837 and 812943.) The North 21.5 feet, front and reaz, of that part of the Southeast Quarter of the Southwest Quarter in Section 33, Township 28 North of Range 24 West of the Fourth Principal Meridian, according to the Government Survey thereof, described as follows, to-wit: Beginning at a point on the East line of the West 5 acres of said Southeast Quarter of the Southwest. Quarter which point is 103 feet South, measured along said East line from the Northeast corner of said 5 acres of said Southeast Quarter of Southwest Quarter; thence East on a line pazallel with the North line of said Southeast Quarter of Southwest Quarter a distance of 140 feet; thence South on a line parallel with the East line of said West 5 acres of said Southeast Quarter of Southwest Quarter, a distance of 80 feet; thence West on a line parallel with the North line of said Southeast Quarter of Southwest Quarter a distance of 140 feet to the East line of said West 5 acres of said Southeast Quarter of Southwest Quarter; thence North along the East line of said 5 acre tract, a distance of 80 feet to the point of beginning. That part of the Southeast Quarter of the Southwest Quarter of Section 33, in Township 28 North of Range 24 West of the Fourth Principal Meridian, bounded by a line beginning at a point on the East line of the West 5 acres of said Southeast Quarter of Southwest Quarter, which point is 33 feet South, measured along said East line from the Northeast corner of said West 5 acres of said Southeast Quarter of Southwest Quarter; thence East on a line parallel with the North line of said Southeast Quarter of Southwest Quarter, a distance of 140 feet; thence South on a line parallel with the East line of said West 5 acres of said Southeast Quarter of Southwest Quarter, a distance of 70 feet; thence West on a line parallel with the North line of said Southeast Quarter of Southwest Quarter, a distance of 140 feet to the East line of said West 5 acres of said Southeast Quarter of Southwest Quarter; thence North along the East line of said 5 acre tract, a distance of 70 feet to the point of beginning, according to the Government survey thereof. That part of the Southeast Quarter of the Southwest Quarter of Section 33, Township 28 North of Range 24 West of the Fourth Principal Meridian, described as follows, to-wit: Beginning at a point on the East line of the West 5 acres of said Southeast Quarter of Southwest Quarter, which point is 103 feet South, measured along said East line from the Northeast comer of said 5 acres of said Southeast Quarter of Southwest Quarter; thence East on a line parallel with the North line of said Southeast Quarter of Southwest Quarter, a distance of 140 feet; thence South on a line pazallel with the East line of said West 5 acres of said Southeast Quarter of Southwest Quarter, a distance of 80 feet; thence West on a line pazallel with the North line of said Southeast Quarter of Southwest .Quarter, a distance of 140 feet to the East line of said West 5 acres of said Southeast Quarter of Southwest Quarter; thence North along the East line of said 5 acre tract, a distance of 80 feet to point of beginning, except the North 21.5 feet front and rear. Tracts A, B, and D, Registered Land Survey No. 618, Files of Registrar of Titles, County of Hennepin, Minnesota. Tracts A, B, C, D, E, F, G, H, I, J, K, L and M, Registered Land Survey No. 800, Files of Registrar of Titles, Hennepin County, Minnesota. . Tract B, Registered Land Survey No. 1037, Files of Registrar of Titles, County of Hennepin, Minnesota. Together with vacated Oliver Avenue South, vacated Newton Avenue South, vacated Morgan Avenue South, vacated Logan Avenue South, vacated 77th Street West and vacated 78th Street West, AND The Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. lying within a parcel described as commencing at the southwest corner of said Section 33; thence on an assumed bearing of North 89 degrees 59 minutes 25 seconds East, along the south line of said Section 33, a distance of 60.00 feet to a line 60.00 feet east of and pazallel with the west line of said Section 33; thence North 0 degrees 13 minutes 20 seconds East, along said parallel line, a distance of 253.51 feet to the point of beginning of the pazcel to be described; thence continuing North 0 degrees 13 minutes 20 seconds East, along said parallel line, a distance of 80.00 feet to the northeasterly right of way line of Interstate No. 494 per Document Number 3419310; thence North 70 degrees 16 minutes 28 seconds West, along said northeasterly right of way line of Interstate No. 494, a distance of 28.64 feet to a line 33 feet east of and parallel with said west line of Section 33; thence North 0 degrees 13 minutes 20 seconds East, along the last described parallel line, a distance of 343.8 t feet to the south line of the north 83.00 feet of the south 113.00 feet of the north half of the Southwest Quarter of said Southwest Quarter of Section 33; thence North 89 degrees 59 minutes 45 seconds West, along said south line of the north 83.00 feet of the south 113.00 feet of the north half of the Southwest Quarter of the Southwest Quarter of Section 33, a distance of 33.00 feet to said west line of Section 33; thence North 0 degrees 13 minutes 20 seconds East, along said west line of Section 33, a distance of 83.00 feet to the north line of said south 113.00 feet of the north half of the Southwest Quarter of the Southwest Quarter of Section 33; thence South 89 degrees 59 minutes 45 seconds East, along said north line of the south 113.00 feet of the north half of the Southwest Quarter of the Southwest Quarter of Section 33, a distance of 50.00 feet to a line 50.00 feet east of and parallel with said west line of Section 33, also being the west line of Block 1, "JACOBSEN AND QUIST, THIRD ADDITION", according to the recorded plat thereof; thence North 0 degrees 13 minutes 20 seconds East, along the last described parallel line, a distance of 510.83 feet to the northwest corner of said Block 1, "JACOBSEN AND QUIST, THIRD ADDITION"; thence South 89 degrees 56 minutes O1 second East, along the north line of said Block 1, "JACOBSEN AND QUIST, THIRD ADDITION" and its easterly extension, a distance of 277.61 feet to the west line of said "McHARDY'S ADDITION"; thence North 0 degrees 12 minutes 17 seconds East, along said west line of "McHARDY'S ADDITION", a distance of 0.39 feet to the westerly extension of the north line of Lots 1 & 16 said "McHARDY'S ADDITION"; thence South 89 degrees 58 minutes 55 seconds East, along said north line of Lots 1 & 16, "McHARDY'S ADDITION", the north line of Block 1, ROBERT WEBER'S FIRST ADDITION, according to the recorded plat thereof, and the north line of said Block 1, JUNGELL AND JOHNSEN'S FIRST ADDITION, and their extensions, a distance of 656.39 feet to Line A described below; thence North 0 degrees 13 minutes 20 seconds East, along said Line A, a distance of 33.00 feet to the north line of said Southwest Quarter of the Southwest Quarter of Section 33; thence South 89 degrees.58 minutes 55 seconds East, along said north line of the Southwest Quarter of the Southwest Quarter of . Section 33, a distance of 163.80 feet; thence South 0 degrees 13 minutes 20 seconds West, pazallel with said west line of the Southwest Quarter of Section 33, a distance of 33.00 feet to a line 33.00 feet south of and parallel with said north line of the Southwest Quarter of the Southwest Quarter of Section 33; thence South 89 degrees 58 minutes 55 seconds East, along the last described parallel line, a distance of 164.01 feet to the east line of said Southwest Quarter of the Southwest Quarter of Section 33; thence North 0 degrees 11 minutes 46 seconds East, along said east line of the Southwest Quarter of the Southwest Quarter of Section 33, a distance of 33.00 feet to the north line of the Southeast Quarter of said Southwest Quarter of Section 33; thence South 89 degrees 58 minutes 55 seconds East, along said north line of the Southeast Quarter of the Southwest Quarter of Section 33, a distance of 165.84 feet to the northeast corner of the west 5 acres of said Southeast Quarter of the Southwest Quarter of Section 33; thence South 0 degrees 11 minutes 46 seconds West, along the east line of said west 5 acres, a distance of 33.00 feet to a line 33.00 feet south of and parallel with said north line of the Southeast Quarter of the Southwest Quarter of Section 33; thence South 89 degrees 58 minutes 55 seconds East, along the last described parallel line, a distance of 140.00 feet to the northerly extension of the east line of Tract A, REGISTERED LAND SURVEY N0.618, files of the Registrar of Titles; thence South 0 degrees 11 minutes 46 seconds West, along said east line of Tract A and its northerly extension, and the east line of Tract B, said REGISTERED LAND SURVEY NO. 618, a distance of 653.60 feet to the northeast corner of Tract C, said REGISTERED LAND SURVEY NO.618; thence North 89 degrees 59 minutes 45 seconds West, along the north line of said Tract C, REGISTERED LAND SURVEY N0.618, a distance of 60.50 feet to the northwest comer of said Tract C, REGISTERED LAND SURVEY N0.618; thence South 0 degrees 11 minutes 46 seconds West, along the west line of said Tract C, REGISTERED LAND SURVEY N0. 618, a distance of 30.00 feet to the southwest corner of said Tract C, REGISTERED LAND SURVEY N0.618; thence South 89 degrees 59 minutes 45 seconds East, along the south line of said Tract C, REGISTERED LAND SURVEY N0.618, a distance of 60.50 feet to the southeast corner of said Tract C, REGISTERED LAND SURVEY N0.618; thence South 0 degrees 11 minutes 46 seconds West, along the east line of Tract D, said REGISTERED LAND SURVEY N0.618 and the east line of Tract B, REGISTERED LAND SURVEY NO. 1037, files of the Registraz of Titles, a distance of 478.02 feet to the southeast corner of said Tract B, REGISTERED LAND SURVEY NO. 1037; thence South 86 degrees 14 minutes 46 seconds West, along the south line of said Tract B, REGISTERED LAND SURVEY NO. 1037, a distance of 60.64 feet to the southwest corner of said Tract B, REGISTERED LAND SURVEY NO. 1037; thence South 0 degrees 11 minutes 46 seconds West, parallel with the west line of said Southeast Quarter of the Southwest Quarter of Section 33, a distance of 114.62 feet to said south line of Section 33; thence South 89 degrees 59 minutes 25 seconds West, along said south line of Section 33, a distance of 901.73 feet to the southwest corner of Tract C, REGISTERED ~ _: ~ LAND SURVEY NO. 800, files of the Registrar of Titles; thence North 0 degrees 11 minutes 14 seconds East, along fhe west line of said Tract C, REGISTERED LAND SURVEY N0.800, a distance of 120.03 feet to said northeasterly right of way line of Interstate No. 494 per Document Number 3419310; thence North 70 degrees 16 minutes 28 seconds West, along said northeasterly right of way line of Interstate No. 494, a distance of 278.43 feet to ~a line distant 180.00 feet northerly of and pazallel with Line B described below; thence westerly, parallel with said Line B, a distance of 3 8.95 feet on anon-tangential curve concave to the north, having a radius of 11279.16 feet, a central angle of 0 degrees 11 minutes 52 seconds and a chord which bears North 85 degrees 27 minutes 36 seconds West; thence North 85 degrees 21 minutes 40 seconds West, pazallel with said Line B, tangent to 4he last described curve, a distance of 77.19 feet; thence westerly, pazallel with said Line B, a distance of 100.08 feet on a tangential curve concave to the south, having a radius of 5909.58 feet and a central angle of 0 degrees 58 minutes 13 seconds to aline which beazs South 79 degrees O1 minute 39 seconds East from the point of beginning; thence North 79 degrees 01 minute 39 seconds West a distance of 119.94 feet to the point of beginning. Line A is described as beginning at a point on said south line of the Southwest Quarter of Section 33 distant 984.00 feet east of said southwest corner of the Southwest Quarter of Section 33; thence North 0 degrees 13 minutes 20 seconds East, pazallel with said west line of the Southwest Quarter of Section 33, a distance of 1313.52 feet to the north line of said Southeast Quarter of the Southwest Quarter of Section 33 and said Line A there terminating. Line B is described as commencing at the southwest corner of said Section 33, run easterly at an angle of 89 degrees 46 minutes 00 seconds from the west line of said Section 33 (measured from north to east) for 1359.14 feet to the paint of beginning of Line B to be described; thence run westerly on the last described course for 89.23 feet; thence deflect to the right on a 00 degree 30 minutes 00 second curve (delta angle 04 degrees 39 minutes 00 seconds) for 930 feet; thence on tangent to said curve for 77.19 feet; thence deflect to the left on a O1 degree 00 minute 00 second curve (delta angle 07 degrees 31 minutes 48 seconds) for 753 feet and there terminating. Except the following parcels: Parcel 1: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17, Block 1, Jacobsen and Quist Third Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Parcel 2: Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9, Block 1, Robert Weber's First Addition, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. Parcel 3: Par 1: The North 21.5 feet, front and rear, of that part of the Southeast Quarter of the Southwest Quarter in Section 33, Township 28 North of Range 24 West of the Fourth Principal Meridian, according to the Government Survey thereof, described as follows, ' to-wit: Beginning at a point on the East line of the West 5 acres of said Southeast Quarter of the Southwest Quarter which point is 103 feet South, measured along said East line from the Northeast corner of said 5 acres of said Southeast Quarter of Southwest Quarter; thence East on a line parallel with the North line of said Southeast Quarter of Southwest Quarter a distance of 140 feet; thence South on a line parallel with the East line of said West 5 acres of said Southeast Quarter of Southwest Quarter, a distance of 80 feet; thence Weston a line parallel with the North line of said Southeast Quarter of Southwest Quarter a distance of 140 feet to the East line of said West 5 acres of said Southeast Quarter of Southwest Quarter; thence North along the East line of said 5 acre tract, a distance of 80 feet to the point of beginning. Par. 2: That part of the Southeast Quarter of the Southwest Quarter of Section 33, in Township 28 North of Range 24 West of the Fourth Principal Meridian, bounded by a line beginning at a point on the East line of the West 5 acres of said Southeast Quarter of Southwest Quarter, which point is 33 feet South, measured along said East line from the Northeast corner of said West 5 acres of said Southeast Quarter of Southwest Quarter; thence East on a line parallel with the North line of said Southeast Quarter of Southwest Quarter, a distance of 140 feet; thence South on a line parallel with the East line of said West 5 acres of said Southeast Quarter of Southwest Quarter, a distance of 70 feet; thence West on a line parallel with the North line of said Southeast Quarter of Southwest Quarter, a distance of 140 feet to the East line of said West 5 acres of said Southeast Quarter of Southwest Quarter; thence North along the East line of said 5 acre tract, a distance of 70 feet to the point of beginning, according to the Government survey thereof. Pazce14: That part of the Southeast Quarter of the Southwest Quarter of Section 33, Township 28 North of Range 24 West of the Fourth Principal Meridian, described as follows, to-wit: Beginning at a point on the East line of the West 5 acres of said Southeast Quarter of Southwest Quarter, which point is 103 feet South, measured along said East line from the Northeast corner of said 5 acres of said Southeast Quarter of Southwest Quarter; thence East on a line pazallel with the North line of said Southeast Quarter of Southwest Quarter, a distance of 140 feet; thence South on a line parallel with the East line of said West 5 acres of said Southeast Quarter of Southwest Quarter, a distance of 80 feet; thence West on a line parallel with the North line of said Southeast Quarter of Southwest Quarter, a distance of 140 feet to the East line of said West 5 acres of said Southeast Quarter of Southwest Quarter; thence North along the East line of said 5 acre tract, a distance of 80 feet to the point of beginning, except the North 21.5 feet front and reaz. Parcel 5: Tract A, B, and D Registered Land Survey No. 618, Files of Registrar of Titles, County of Hennepin, Minnesota. Pazce16: Tracts A, B, C, D, E, F, G, H; I, J, K, L and M Registered Land Survey No. 800, Hennepin County, Minnesota. Parcel 7: Tract B, Registered Land Survey No. 1037, Files of Registrar of Titles, County of Hennepin, Minnesota. AND Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17, Block 1, Jacobsen and Quist Third Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9, Block 1, Robert Weber's First Addition, according to the plat thereof on file or of record in the-office of the Registrar of Titles in and for Hennepin County, Minnesota. AND Par 1: The North 21.5 feet, front and rear, of that part of the Southeast Quarter of the Southwest ,rte Quarter in Section 33, Township 28 North of Range 24 West of the Fourth Principal Meridian, ~ J according to the Government Survey thereof, described as follows, to-wit: Beginning at a point on the East line of the West 5 acres of said Southeast Quarter of the Southwest Quarter which point is 103 feet South, measured along said East line from the Northeast corner of said 5 acres of said Southeast Quarter of Southwest Quarter; thence East on a line parallel with the North line of said Southeast Quarter of Southwest Quarter a distance of 140 feet; thence South on a line parallel with the East line of said West 5 acres of said Southeast Quarter of Southwest Quarter, a distance of 80 feet; thence West on a line parallel with the North line of said Southeast Quarter of Southwest Quarter a distance of 140 feet to the East line of said West 5 acres of said Southeast Quarter of Southwest Quarter; thence North along the East line of said 5 acre tract, a distance of 80 feet to the point of beginning. Par. 2: That part of the Southeast Quarter of the Southwest Quarter of Section 33, in Township 28 North of Range 24 West of the Fourth Principal Meridian, bounded by a line beginning at a point on the East line of the West 5 acres of said Southeast Quarter of Southwest Quarter, which point is 33 feet South, measured along said East line from the Northeast corner of said West 5 acres of said Southeast Quarter of Southwest Quarter; thence East on a line parallel with the North line of said Southeast Quarter of Southwest Quarter, a distance of-140 feet; thence South on a line parallel with the East line of said West 5 acres of said Southeast Quarter of Southwest Quarter, a distance of 70 feet; thence West on a line parallel with the North line of said Southeast Quarter of Southwest Quarter, a distance of 140 feet to the East line of said West 5 acres of said Southeast Quarter of Southwest Quarter; thence North along the East line of said 5 acre tract, a distance of 70 feet to the point of beginning, according to the Government survey thereof. AND That part of the Southeast Quarter of the Southwest Quarter of Section 33, Township 28 North of Range 24 West of the Fourth Principal Meridian, described as follows, to-wit: Beginning at a point on the East line of the West 5 acres of said Southeast Quarter of Southwest Quarter, which point is 103 feet South, measured along said East line from the Northeast corner of said 5 acres of said Southeast Quarter of Southwest Quarter; thence East on a line parallel with the North line of said Southeast Quarter of Southwest Quarter, a distance of 140 feet; thence South on a line parallel with the East line of said West 5 acres of said Southeast Quarter of Southwest Quarter, a distance of 80 feet; thence West on a line parallel with the North-line of said Southeast Quarter of Southwest Quarter, a distance of 140 feet to the East line of said West 5 acres of said Southeast Quarter of Southwest Quarter; thence North along the East line of said 5 acre tract, a distance of 80 feet to the point of beginning, except the North 21.5 feet front and rear. Tract A, B, and D Registered Land Survey No. 618, Files of Registrar of Titles, County of Hennepin, Minnesota. AND Tracts A, B, C, D, E, F, G, H, I, J, K, L and M Registered Land Survey No. 800, Hennepin County, Minnesota. Tract B, Registered Land Survey No. 1037, Files of Registrar of Titles, County of Hennepin, Minnesota. THE ABOVE LEGAL DESCRIPTION INCLUDES ALL OF THE PROPERTY INCLUDED WITHIN THE PROPOSED PLAT OF "BEST BUY CAMPUS". UPON FILING OF THE PLAT OF BEST BUY CAMPUS, THE INSURED LEGAL DESCRIPTION SHALL BE AMENDED TO READ AS FOLLOWS: Lot 1, Block 1, Best Buy Campus, according to the recorded plat thereof, Hennepin County, Minnesota. (Abstract and Torrens Property) l EXHIBIT B Legal Description of Bloomington Easement Area An easement for water main purposes over, under and across the following described property: All of Block 1, "JACOBSEN AND QUIST, THIRD ADDITION", according to the recorded plat thereof, - Lot 16, "McHARDY'S ADDITION", according to the recorded plat thereof, Vacated Oliver Avenue South, Vacated 77th Street West, AND The Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. Said easement being 30.00 feet wide with a centerline described as commencing at the northwest corner of said Lot 16; thence on an assumed bearing of North 89 degrees 58 minutes 55 seconds West, along the westerly extension of the north line of said Lot 16, a distance of 13.14 feet to the point of beginning of the centerline to be described; thence South 0 degrees 15 minutes 49 seconds West a distance of 14.68 feet; thence South 45 degrees 39 minutes 00 seconds West a distance of 26.83 feet; thence North 89 degrees 21 minutes 00 seconds West a distance of 96.43 feet and said centerline there terminating. The sidelines of said 30.00 foot easement are to be prolonged or shortened to terminate at said north line of Lot 16 and its westerly extension. Together with a 25.00 foot easement for water main purposes over, under and across the above described property, lying 15.00 feet northerly of and 10.00 feet southerly of a line described as beginning at the terminus of the above described 30.00 foot wide easement; thence continuing North 89 degrees 21 minutes 00 seconds West a distance of 31.87 feet, and said line there terminating. Together with a 30.00 foot easement for water main purposes over, under and across the above described property, the centerline of which is described as beginning at the terminus of the -above described 25.00 foot wide easement; thence continuing North 89 degrees 21 minutes 00 seconds West a distance of 51.70 feet; thence South 45 degrees 39 minutes 00 seconds West a distance of 75.00 feet; thence South 0 degrees 39 minutes 00 seconds West a distance of 352.78 feet; thence South 34 minutes 21 minutes 00 seconds East a distance of 681.03 feet; thence South 79 degrees 21 minutes 00 seconds East a distance of 76.83 feet; thence South 42 degrees 50 minutes 03 seconds East a distance of 34.97 feet; thence South 1 degree 14 minutes 04 seconds East a distance of 94.02 feet to the northeasterly right of way line of Interstate Highway No. 494 per Document No. 3419310, and said centerline there terminating. The sidelines of said easement are to be prolonged or shortened to terminate at said northeasterly right of way line of Interstate Highway No. 494. EXHIBIT C ~_ Legal Description of the Richfield Water Main Easement An easement over, under and across the following described property: Lots 9 and 10, Block 1, "JACOBSEN AND QUIST, THIRD ADDITION" according to the recorded plat thereof, Tracts C, D, E, F, G, H, I, J, K, and L, REGISTERED LAND SURVEY NO. 800, Office of the Registrar of Titles, Tract D, REGISTERED LAND SURVEY N0.618, Office of the Registrar of Titles, Vacated 77th Street West, Vacated Morgan Avenue South, The Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. Said easement being 20.00 feet wide with a centerline described as commencing at the southwest corner of said Southwest Quarter of Section 33; thence on an assumed bearing of North 0 degrees 13 minutes 20 seconds East, along the west line of said Section 33, a distance of 744.99 feet; thence South 89 degrees 52 minutes 33 seconds East a distance of 44.00 feet to a line lying 44.00 east of and parallel with said west line of Section 33 and the point of beginning of the centerline to be described; thence continuing South 89 degrees 52 minutes 33 seconds East a distance of 170.24 feet; thence on a bearing of South a distance of 54.14 feet; thence South 34 degrees 21 minutes 00 seconds East a distance of 477.05 feet; thence South 79 degrees 21 minutes 00 seconds East a distance of 63.06 feet; thence South 34 degrees 21 minutes 00 seconds East a distance of 8.75 feet; thence South 79 degrees 37 minutes 30 seconds East a distance of 179.81. feet; thence. South 89 degrees 44 minutes 20 seconds East a distance of 190.85 feet to a point hereinafter referred to as Point "A"; thence continuing South 89 degrees 44 minutes 20 seconds East a distance of 66.16 feet; thence North 89 degrees OS minutes 33 seconds East a distance of 232.64 feet to a point hereinafter referred to as Point "B"; thence continuing North 89 degrees OS minutes 33 seconds East a distance of 125.54 feet; thence South 89 degrees 07 minutes 48 seconds East a distance of 169.16 feet; thence North 44 degrees 57 minutes 25 seconds East a distance of 148.73 feet to the east line of said Tract D, REGISTERED LAND SURVEY N0.618, and said centerline there terminating. The sidelines of said easement are to be prolonged or shortened to terminate at said line lying 44.00 feet east of and parallel with the west line of Section 33 and at said east line of Tract D; REGISTERED LAND SURVEY N0.618. Together with a 20.00 foot wide easement over, under and across the above described property; the centerline of said easement is described as beginning at said Point "A" described above; thence North 0 degrees 56 minutes 22 seconds East a distance of 31.35 feet and said centerline there terminating. Together with a 20.00 foot wide easement over, under and across the above described property; the centerline of said easement is described as beginning at said Point "B" described above; thence North 1 degree 00 minutes 21 seconds East a distance of 27.88 feet and said centerline there terminating. '~,_ EXHIBIT D Legal Description of the Richfield Sanitary Sewer Easement An easement over, under and across the following described property: Tracts B, C, D, E, F, G, H, I, J, K, and L, REGISTERED LAND SURVEY NO. 800, Office of the Registrar of Titles, Tract D, REGISTERED LAND SURVEY N0.618, Office of the Registrar of Titles, Vacated 78th Street West, Vacated Morgan Avenue South, The Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. Said easement being 30.00 feet wide with a centerline described as commencing at the ~_ southwest corner of said Southwest Quarter of Section 33; thence on an assumed bearing of North 0 degrees 13 minutes 20 seconds East, along the west line of said Section 33, a distance of 324.23 feet; thence South 69 degrees 11 minutes 03 seconds East a distance of 64.10 feet to a line lying 60.00 east of and parallel with said west line of Section 33 and the point of beginning of the centerline to be described; thence continuing South 69 degrees 11 minutes 03 seconds East a distance of 105.76 feet; thence North 89 degrees OS minutes O 1 second East a distance of 259.71 feet; thence South 83 degrees 47 minutes 30 seconds East a distance of 207.17 feet; thence North 84 degrees 54 minutes 43 seconds East a distance of 106.66 feet; thence South 89 degrees 46 minutes 59 seconds East a distance of 255.20 feet; thence North 89 degrees OS minutes 33 seconds East a distance of 358.16 feet; thence South 89 degrees 07 minutes 48 seconds East a distance of 163.98 feet; thence North 44 degrees 57 minutes 25 seconds East a distance of 98.95 feet; thence North 0 degrees 12 minutes 22 seconds East a distance of 215.35 feet and said centerline there terminating. The sidelines of said easement are to be prolonged or shortened to terminate at said line lying, 60.00 feet east of and parallel with the west line of Section 33. Together with an easement over, under and across said Tract D, REGISTERED LAND SURVEY NO.618, lying northerly, easterly and northwesterly of a line described as commencing at the point of termination of the above described centerline; thence North 89 degrees 47 minutes 38 seconds West a distance of 20.28 feet to the west line of said Tract D, REGISTERED LAND SURVEY N0.618, and the point of beginning of the line to be described; thence South 89 degrees 47 minutes 38 seconds East a distance of 20.28. feet; thence South 0 degrees 12 minutes 22 seconds West a distance of 46.43 feet; thence North 35 degrees 40 minutes OS seconds East a distance of 69.33 feet to the east line of said Tract D, REGISTERED LAND SURVEY N0.618 and said line there terminating. EXIIIBIT E ~. Leal Description of the Richfield Storm Sewer Easement An easement over, under and across the following described property: Tracts B, C, D, E, F, G, H, I, J, K, and L, REGISTERED LAND SURVEY NO. 800, Office of the Registrar of Titles, Tracts A, B, and D, REGISTERED LAND SURVEY N0.618, Office of the Registrar of Titles, Vacated 77th Street West, Vacated Morgan Avenue South, 78th Street West The Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. Said easement being 30.00 feet wide with a centerline described as commencing at the southwest corner of said Southwest Quarter of Section 33; thence on an assumed bearing of North 0 degrees 13 minutes 20 seconds East, along the west line of said Section 33, a distance of 328.23 feet; thence South 83 degrees 54 minutes O1 second East a distance of 261.84 feet to the point of beginning of the centerline to be described; thence continuing South 83 degrees 54 minutes O1 second East a distance of 179.26 feet; thence South 57 degrees 35 minutes 09 seconds East a distance of 57.75 feet; thence South 83 degrees 50 minutes 37 seconds East a distance of 138.96 feet; thence North 70 degrees 24 minutes 07 seconds East a distance of 94.93 feet; thence South 89 degrees 44 minutes 20 seconds East a distance of 270.76 feet to a point hereinafter referred to as Point "A"; thence North 89 degrees OS minutes 33 seconds East a distance of 332.91 feet; thence South 0 .degrees 23 minutes 23 seconds East a distance of 14.22 feet to a point hereinafter referred. to as Point "B"; thence continuing South 0 degrees 23 minutes 23 seconds East a distance of 166.94 feet and said centerline there terminating. Together with a 56.00 foot wide easement over, under and across the above described property, the centerline of said 56.00 .foot easement is described as beginning at said Point "B" described above; thence South 89 degrees 07 minutes 48 seconds East a distance of 46.37 feet to a point hereinafter referred to as Point "C"; thence continuing South 89 degrees 07 minutes 48 seconds East a distance of 143.86 feet; thence North 44 degrees 56 minutes 41 seconds East a distance of 81.01 feet to a point hereinafter referred to as Point "D" and said centerline there terminating. Together with a 30.00 foot wide easement over, under and across the above described property, the centerline of said 30.00 foot wide easement is described as commencing at said Point "D" described above; thence South 45 degrees 03 minutes 19 seconds East a distance of 13.00 feet to a point hereinafter referred to as Point "E" and the point of beginning of said centerline to be described; therice North 44 degrees 56 minutes 41 seconds East a distance of 60.65 feet to the east line of said Tract D, REGISTERED LAND SURVEY N0.618 and said centerline there terminating. The sidelines of said easement are to be prolonged or shortened to terminate at said east line of Tract D, REGISTERED LAND SURVEY N0.618. Together with a 30.00 foot wide easement over, under and across the above described property, the centerline of said 30.00 foot wide easement is described as beginning at said Point "E" described above; thence North 30 degrees 33 minutes 07 seconds West a distance of 155.19 feet; thence North 23 degrees 33 minutes 40 seconds West a distance of 88.04 feet; thence North 16 degrees 33 minutes 18 seconds East a distance of 242.27 feet; thence North 46 degrees 38 minutes 24 seconds East a distance of 34.20 feet; thence North 23 degrees 48 minutes 24 seconds East a distance of 80.04 feet; thence North 88 degrees 52 minutes 19 seconds East a distance of 13.54 feet; thence on a bearing of North, a distance of 272.41 feet and said centerline there terminating. Together with a 30.00 foot wide easement over, under and across the above described property, the centerline of said easement is described as beginning at said Point "A" described above; thence North 0 degrees 13 minutes 44 seconds East a distance of 60.71 feet and said centerline there terminating. Together with a 30.00 foot wide easement over, under and across the above described property, the centerline of said easement is described as beginning at said Point "C" described above; thence North 59 degrees 51 minutes 14 seconds West a distance of 147.94 feet and said centerline there terminating. n EXHIBIT F Depiction of Approved Location for Rieid Steel Conduits Across the Bloomington Easement Area and the Richfield Water Main Easement Area, and the Sanitary Sewer and Storm Sewer Pipelines Within the Bloomington Easement Area and the Richfield Water Main Easement Area ~------ i ' EXH/B/T F HltlV.~ ~idir~i+r rvv.7G ,~.,.,.,. ~,...-,,., ....-.. Oe~ction of Approved Location for Rigid Steel Conduits Across the Bloomington Easement Area and the Richfield Water Moin Easement Area. and the Sanitary Sewer and Storm Sewer Pipelines Withrn the Bloomington Easement Area 1 I I +~ '~ 1 ----~~ ~ , ;, __-~ ~ - -- i i i! i 1 i ~ 1 \.. !~ F ~ ~ i _„ ._ _ I i Ii i t ~~ ~ UJ f~ + +~ 1 ~_._ i i ~~ i _ _ -----~ I ~~ ~§ ~ ~ V ~ ~ a ~ ~¢ `s» a" ~ i ~~~ $~ g~ ~~ ~~ ~„ ~ ~~ x M aC ~a s ` a ~ a pg ~ ~„ ~ NO SCALE ~j9 3 v ~~b ~~ ~~ g ~~~i ~~ ~ ~ ~5 ~ ~ ~ ~ 1 ~' ~ ~ p~ pa a k R¢ ~~ , ~~~ ~o $o ~8~ ~ l .; ~ ~ e ~ z ^^~ , ~`, , - jA _. 1J ~___~_ 1. \ \ ~ `\f, i ~ i f ~ i i ~ i r~ ,. ~ i i ~ i }'--1 ^ r' ~ `x ~ ' /. g i ~ i / ~ \ ~ n i ~ J \ / / /' // i / t ~ ` / l'iii `~ " ` -~ .,\ / ~ i-~` ~<`3 - ~ it ~ ! ¢ /1 L_ ~ y~, \ // ~ ~ __.~J ai ~ .~ 4+7d.S LL u 7~ ~; ~, c c ~ < ~ ~.i.i O F I i `:. s ~,• Q :~ ~~.~`; ~J 4\ \\ t .\ ---==-- ~`%i . --- r---- ~~s ( ~ -- -, ;`~ .~.yy- ~ , 'y _ -~ ,,, ,.t + ~_,,'~,j 1 ~ ti ~ 1 ~` ~ ~ ' ".: ;~ i __ 1 ~ ~~ ~ ~ ~ I ~ ~ ~ % y^~ ~ ~ 1 I i i 1 i i e '-~ ~ i~ i~~ ;z ~~ ems' ~~ f ~ ~~ S s ~^ T~ ~~.t Yr •. ~ .` ~ f, a l~ ~P~ ~~ s' ~~ EXHIBIT G Depiction of Location of Bus Shelter and Shared Easement Area r------ 1 a ~ , i ~, ------~ V I a!~ ~ ~ _ NO SCALE ~ ~~~ ~ ~ #~J ~ 9Q3 ~1 VJ 1 ~~ ~x ~ __~ ~! i ~ ~ I i ' -- EXH/B/T ~ ~~ ~~ ~ ~ ~~ gg Depiction of Location of Bus She/ter and Shored a~~ ~R $k Eosemen t Area ~~~ ~~ ~~ ~ ~~ R~~ ~'~~ ~ ~b a ~b ~o ~~-- ____---~._...~w__~_._i-.~..._,_~...._._ g ___.__ - -z--•^• --.~ _.~-J ---~ ~ I ~ ~ I i~ ~~ ; ---~~ ,~ '~ ~- ` ~ __~ ' -_ i ~~ i I 's. `;; ~ i -- ~ -- U, ~a I ~, 4'~ t ;1 C ~'i ~~~A r ``' ;n Y ~_____~. ~..,' ~~^ ~ ~ V ~,y %' ~ ~' . ' f ~ ~ - T ~ r ~' i i i ~..._ ~ 1 ~ ~ n 4 ~ ~ ~ ~ ~ ~ ~ f ~ / ~ / n ! i ~ /~ 1 i l T` l J~ P i ~ §n ~ ... .. _ ' '~._...--.J Q _ w ~-.. ~:~ ~ „ C: / z i n i ~ ~, W g ~ ,~ .P ~ W 0 ~ ,. ~ ~~ ~ ~ , ti} ~ `\ ~~ ~ . ~ ~ - ~ ~. W E ~ ~ ~ ~~yY _ J"~ i/Y r~ to w ~~~~ m ~ ~- R ~ ~ ~ \ ._/ ;- .. ~ ~ i ~I ~, i i ~ ~ ~ _ i 'd~ ~ ' (~, i i ~ ~ ~A i i i i ' --! v. _~__~ ~~ s -~ ~~, ~; _; ~ ,,'` ,- c~ `; i / :c i~ ~~ $ ;~ ~~ ~~ 9 ~` ~ w~ +~, e ~~~ Q ~~ ~ f,`) n~ u ~f J h <' ,, ~i AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING FEBRUARY 12, 2002 Other Business 13 44 REPORT PREPARED BY: JAMES OLSON, PROJECT ENGINEER NAME, TITLE REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: i' G~2G' ~ SIGNATURE REVIEWED BY CITY MANAGER: ~ n _ ~1 1 ! ~ ITEM FOR COUNCIL CONSIDERATION: Consideration of master Bloomington-Richfield Water Main Agreement. RECOMMENDED ACTION: By Motion: Approve the attached Master Bloomington-Richfield Water Main Agreement and authorize the Mayor and City Manager to execute the Agreement on behalf of the City of Richfield. II. BACKGROUND The. City of Bloomington owns two large water mains that pass through the City of Richfield within the right of way of Logan Avenue and Oliver Avenue. Two agreements were entered into, one in 1960 and another in 1966. The agreements govern the placement of these water mains along with the rights and responsibilities of the parties involved on how work is to be performed within Richfield's right of way when working on or around the Bloomington water mains. The purpose of the proposed Master Bloomington-Richfield Water Main Agreement is to amend the old agreements and provide the same terms of the old agreement to those portions of Bloomington's water main that were relocation around the Best Buy development and lie within Richfield street right of way other than Logan or Oliver Avenue or within Richfield utility easements. 0212RBwatermain III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield has previously, in 1960 and 1966, entered into agreements with the City of Bloomington regarding water mains. The proposed Master Agreement is made to update the prior agreements in light of the partial relocation of two Bloomington water mains B. CRITICAL ISSUES The Council is considering, at the February 12, 2002 meeting, a proposed Easement Agreement between Best Buy Co., Inc., the City of Bloomington and the City of Richfield. The Easement Agreement, in section 1.4, makes reference to the Master Bloomington-Richfield Water Main Agreement. C. FINANCIAL • The City of Richfield has no financial obligations as a result of the proposed Master Bloomington-Richfield Water Main Agreement. D. LEGAL • The attorneys and staff for the City of Richfield, City of Bloomington ~ ) and Best Buy Co., Inc. have prepared the draft Master Bloomington- Richfield Water Main Agreement. The Richfield City Attorney will be available at the February 12, 2002 Council meeting to answer any questions. IV. ALTERNATIVE RECOMMENDATION(S~ • The Council may defer action on this item to a later meeting. However, because of the association with the Easement Agreement between Best Buy Co., Inc., the City of Bloomington and the City of Richfield, action regarding the Easement Agreement would also need to be deferred. • Approve the Master Bloomington-Richfield Water Main Agreement with revisions. V. ATTACHMENTS Proposed Master Bloomington-Richfield Water Main Agreement. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. n MASTER BLOOMINGTON-RICHFIELD WATER MAIN AGREEMENT This Agreement (the "Master Agreement") is made this day of February, 2002, by and between the City of Richfield, a Minnesota municipal corporation ("Richfield") and the City of-Bloomington, a Minnesota municipal corporation ("Bloomington"), hereinafter collectively referred to as the "Cities". Recitals: The Cities are currently parties to two agreements concerning two water main lines owned by Bloomington that pass through Richfield. These water mains transmit water purchased by Bloomington from the City of Minneapolis. The two agreements referred to are the "Bloomington-Richfield Agreement Re Water Main In Oliver Avenue" dated July 11, 1960 (the "1960 Agreement") and the "Bloomington-Richfield Agreement Re Water Main in Logan Avenue" dated November 14, 1966 (the "1966 Agreement"). Copies of these two agreements are attached hereto as Attachment A and Attachment B, respectively, and they are hereinafter collectively referred to as the "Prior Agreements". The 1960 Agreement relates to a 36" diameter water main line owned by Bloomington that generally followed the Oliver Avenue corridor through Richfield. The 1966 Agreement relates to a 42" diameter water main line owned by Bloomington that generally followed the Knox and Logan Avenue corridors through Richfield. The Prior Agreements contain similar language and provisions, and they set forth the terms and conditions upon which Bloomington was able to construct and maintain those two water mains through Richfield. Richfield and its Housing and Redevelopment Authority are currently in the process of redeveloping the lands located generally east of Penn Avenue, south of 76th Street, and north and west of the I-494 and I-35W freeways. The redevelopment project involves the creation of a corporate headquarters site (the "Project Site"), and the project necessitates the relocation of those portions of the two water main lines situated within the Project Site to locations outside of or along the periphery of the Project Site. This relocation work is being done by the private entity that will occupy the Project Site. The 36" water main is being diverted westerly from Oliver Avenue corridor to the western edge of the Project Site, near Penn Avenue, where it proceeds northerly to 76th Street; at 76th Street, it proceeds easterly to Oliver Avenue where it reconnects with the pre-existing line. Most of the 36" water main in this area will be located within a water main easement on the Project Site that runs in favor of Bloomington, but small portions of that water main easement and the water main itself will extend into street right of way for Penn Avenue and 76th Street before reconnecting to the pre-existing water main at Oliver Avenue and 76th Street. The path of the relocated portion of the 36" water main is depicted on Attachment C hereto. ~ The 42" water main is being diverted from Logan Avenue to Knox Avenue in the azea ~~_ J south of 76~' Street. The relocated po won of this water main will lie entirely within street right of way for Knox Avenue and 76 Street, except where it occupies a small utility easement over property at the northeasterly quadrant of Logan Avenue and 76~' Street. The path of the relocated portion of the 42" water main is depicted on Attachment D hereto. This Master Agreement is made to update the Prior Agreements in light of the partial relocation of the two Bloomington water mains and to address certain other matters. NOW, THEREFORE, in consideration of the premises, the parties hereby agree as follows: (1) Except as otherwise provided in this Master Agreement, the terms and the provisions of the Prior Agreements shall remain in effect with respect to the applicable water mains and shall also now apply to the relocated sections of the two water mains that lie within street right of way and the aforementioned utility easement in Richfield, as depicted on Attachments C and D hereto, (2) The Prior Agreements are amended with respect to the areas. in Richfield permitted to be used by Bloomington for its water mains. In this respect, Bloomington shall be permitted to use (a) those areas of Penn Avenue, Knox Avenue, and 76~' Street right of way shown on Attachments C and D, and (b) the aforementioned utility easement, as shown on Attachment D. (3) To the extent that the water main relocation work described above is done by a party other than Bloomington, Richfield agrees that it will look to that third parry rather than to Bloomington for compliance with the provisions of the Prior Agreements relating to the construction of the water mains and for the responsibility for any damages and penalties related to such construction activities. (4) Bloomington and Richfield each mutually agree that, when either party is in the process of repairing or maintaining its own utility facilities or other public. improvements within the Richfield street right of way, it will adequately support and protect the other parry's utility facilities. IN WITNESS WHEREOF, the parties have caused this Master Agreement to be executed by their appropriate officers as of the day and year first above written. CITY OF RICHFIELD By Its Mayor By Its City Manager `, / CITY OF B By yr By Its City Manager Reviewed and approved ttorney n _ •: •a~.rP~. _.!f==- - '"~`.3=:+': ~=. _~~...:..vr:[~s-r...-.,oa-r.--_. ..-_.~ - - _ ..~..et ~±.:...•_ _''s_ ~.,.+--~...r..w - .. _.:..-~;=of"~" - .~'i:r= ~_ -~:~:~~:a;;:.~_~:,:~-~~. -~ :1gb4~==~by~:and~between:~.the ~'Iti'11age~o .7.,..s-- ~.-•.=:.t~ - - -=r~:/: sx:;:''_t~ - ~ - --:~,~;syr~r "s Zet=..;':rl.~:r~sd+t~-'-fit... ......~ti.. ~_, _ • -- -- - -- -Hnne~~ota~.ai?urc a~cor o~ratioa~~i~erefaaf:ter~~.l~lt' .-. _ _ -:..tom'" - - -= - ,~..:- : . ~"Richfield"_~_'_and -the-:Village•-of~=~3loomitri~top~_a=:Minneso_ t~a~ muni~cgal . _ _ _ _ _ _ _ _ _ __ - _ ~..7.+.~"a~ ,. ~~ ~ ~ ~co ~ aration~"hereinafter' called; "Dloom~:ngaori".~~•- W_IT1V'ESSETH. ~ - ;~;~M_,. .:..:.. ... .~_.~. - ~ - - _ _ -- _ - - -water -Ys~. sten•~~w~cli- . . WHEREAS;... Bloomington=:~plans•.:tor'canstruct:~a•.. _ _ ... .. . • .would haPe ~as its source of water.~supplp.:the~~water system of the City of Minneapolis Minnesota, aad t~FfiEREAS, Bloomington therefore desires to construct a aateM ~~ main leading from Minneapolis to IIloomingto7 through hichfield *~rith,n the right-of-w.~y of Oliver Avenue in accordance. kith the attuct:ad plot plan which is made a part of this agreement,, and ltii~rZi'.A.S, Richfield is agreeable to the construction of sLC:3 water main on Oliver Avenue,. but only if 131oominpton observes the provisions of this agreement as hereinafter set forths ;~~!:ti Ttit;R1::F~Ut'.E, it is ;ie:yby agraed, by and bztueen the l:::r:i4~ hereto as follows: 7, The foiiowir~ words .1nd k~hrases, as tu:ed in this agre%r.~eat shall have the following m~:a7ingss "Water main" means the water main and appurtenances tltereth to . ...._. . . ~ _. _ ,. _.. be~ constructed ~~in Oliver:Atienue..•in.;ltichfield,:.by.. Kloomingto.n.., ~s.: per-.~~.:::;..~__:_; matted by this ~ agreemento . ~: . _ ... .. :... :; ' - . _ . ~~- ~ . ~~ - "Work" refers to water main construction, reconstructions re-_.. -~,.~ ~~:_~~~~ ~" ~~'~~~~~~_.locatio-in~--mai~:iltenance.~~and~~repair~; ".s~treet..~.~nd right-of-xap.con~s~tructri'oi . _.. .. •- -- ~ ~~resurfacin -and ,re air• 'and allother ~acts_~or: _thin~s_~neces~a~•y ar~:~;,::.~~ _ ~:~==,= • .: ... .. . ..: .. .Z' .. _ - - ~ - _....-. .. . - -~ - _ _ .-~ . zn.cidental 'tothese .ZCtiviti~ , . ----.._.__..- -.__-- _ . y„~....,,..~W~'~w.'!~w'S!~t,°_:'°r;,-eau".i~;1•lyE:~%^r~~'.i~:C[~uV.~~111c.t~u.~a.a.v.ac:~ga.... .t:b.,;r^s..,re,.:n...~.7~R~°'~""~'~'a~.-1'7 ~i:..,.~-.. i+.- ,a,.~-.:I•t~C .~.... .u, Y.ky glw+!~+R _ w W..w~l- ~_ '~~.'.Sia?- ~ :.:u ~iliLFrx. ...r1'..^Z`..~'!'gat ,w'"Ti ,~a"~r ~'1!Y"...T.'~Pb~rT '!v~'~' Y~•~.~c. '. ~ fY''KT,ziaiiiaf' .u::ssy~.wowx• ayq.p~. +~~3"~xv+ +4+~..~ _w*+,q w-...~: -- -_ --a=-=r=ltfc~~eld~~as~well=was:~the~~xteins•~.on-.~~h"~rebfo'~~~ x r . ,._......_......._~ _ ... ....._._ ~= T . _. ..~. ,..._ .-_ -- - - _ - - .~~.,ss..:~~•wow:is2~~xl+~`s:l:.-a:sii:Y.r::::~ ~::r'~ _r~::-»eZC:.;ka4~_r xs~r.?rorsaiai.:a:{~~i~:~~LS~;zs - .. - ,:._ =•~~ of ielii:~.tiere -..;-:... :.~:.. ~._ _._..... .. _ ~,.. d ~ ~~ ~"`~ :: ~.~: _____ =:_= -__R.ic _ wzth'_gives=~pe•rinissiori~t'o:=I31•oo%f_u~jtott~t.. _ . == _ venue ~~to~•~'coustruct. ~ ~~o ~•r:atie- ~~maintain =recanat•rut.~=~ s • _ y;~:;upoa~~_Oliverrt:A - - _~~,~ _P~.,.,....x,..~;w_ - -- - ~~:~4.~,,._.~_,:~.:.:•._~.:~~t~~ .. .. ::...:I :' _ - _ .Yf~--=°- +.•:f •:-. ~•~J~sw..hrtiA!fNw•.:c ^T :•_~riii.L:iti~+V41V:G'aaYii . .. . - - ~'•o_do=-~n- :~.~orkM e:rmitt~ec~c _._ ,. ' '. ._ '•- -r'.e-locate.:ard-~repair~~a'water`^niain~~iri~.~r____._._.. Y~. _P _.~. . _ .: ::-...._ .. ._ .. . . .... _ .b -this =a reement•;,... _ .. - --_ -_ - - ._. _ - ~ ' ,required Y.. g - _ _ _..:=~:~:::.:.:__. __...~_ .... ~. .. . - __ _ _ _ :~ • ~ ~I1 work shall be at the ~ expense of Bloomington and unless~_~=-~-.~:~-_~:-~~~ otherwise provided he reins shall be done by Blaomington, ': • IY :. 0 The water main .shall be so located that it will avoid present and future underground installations such as Richfield sewer, Crater and storm sewer installationso if ar any time, for sound con•~ struction engineering reasons, it is necessary to re?ocate any par: of the grater main so as to accoianodate any Nicl:field install.; *_ion~, the expense of such moving shall be paid by Bloomington. Si.-nilarlj£ if, at ,1r.Y time, the presence of the w:~ter main in l~l.ivcr ,tvcnue . increases the expense of flny installation made by l~ichf field. such expense shall be paid by 131ooraingtono Yo The eater main shall be and relaain the property of iiloomington~. and at all times be maintained and repaired by Bloomingtona unless the parties hereto shall hereafter agree in ~rriting that such main- -_ tenance aad repair shall .be done by _ltichfieldo ._.. ,:. ('~ YIo' .~ ~. .... ~ . ~ .. - _ _ _. _ The sequence:.or. order in which the water main ,will be install~ed~=~•:~. :: - ~ su ch~: ~ .._ _ ~. .~ - •shall be deteriained.:by.ltichfield~ it ..being~•coritemplatecl~'_that~.:`:=w~~'~`- .... ,_ --- ~-'~~-~ • ~ .installations wi31~~•commence.-~during~"the•=month_of.~•Julys.:•1960;x-~and:~:Nil~:=~~K-~- :~•~~ s ~.~e-„_ ... - 'p1 ~t~'1~T~@ O~f~C~Bt~~'~' mil ,. .., ~' .Q1"h'.,"~6:.a . ' .,.,..w ._ . ,nwr+: ~ ...._.. :e~. -. .~. _. . ..iw..es. .p.-;.w7. --~.w.n.-~~...m..iec+: ..1'i' ,:~. ..' .. ~ - -. .. _ -c~ .r.:'Rt9LU`-:.'-'7G" 'y~~~..~ :+r>.•.:~+w~-•a..+-:~.q~ Mwweiie•_ .. .... .. .~ ~"Olf r v~nu~~;Janci~:upon~completioa:•ahereof~~Blooa~ilpr~t~. ._- - - .Y[~iili....w.4.. . - .r.«ii4}~i?iww+. ^~^Ci . ....~._......... '7.r.3'i'.~.FX+..-'1~ '.imiC~6.+i - _ h~C~=it=!gill. com~;1-with=ttie_=follow~ng-~re.qu~re~ents• _ - ~- ....-.. - 'nsfct~r _ _~ti"'!_ ~s:^~;c"':'n..,~'~~:s.,C~-~:•s~:. ; .._ -... .~...:'':..~ . ,~Lr..,.r.._ ~~i/iwLiir me.C~~ - ~~-'=r~~-- =--, ~,A-~An =excavaxions~=inade~`~sh~all gibe,.:backflled:~ __ ,~ - ~~r' -~, .~__~:.~ ... _..._w _ .._..._ . ... ..Y.. ....... - - ~~ - ~he~s~~=yin-accordance ~~f"~=ape'c_ _ ~.p - .;tamping=eve~ry,.~iX~.-~:nc , _ _ _ .. _. _ _ .. _ _ _~.._ _ _ ~ ~ ~~rt _ - ~"t't ia...17-r3:swG'i~: __ch.'-- ~.ati::- ri'_ ':s;~.r~:.:~1:tiJ~:',~%s_«~'iir:+. -:.4:e;~ :~::J%3v.:..--~~.w..f•-+...:i H - ..:+a.. -- ::o%- ~.=-/,vH•.e~.:.•' •.ro. _~~.- '.~,:: _ .: ,c~:.,~.a:..~:~~'z'•w%'~i=a+ic7~~twaa~. _ . _ --ti-iie•T•~+i :'~~ - -- -.Vie!..-.r..:~+r-rr..'..:~--.;.., :.~-~.:-r.~---- -•'~-.r.... _:~+:~.._+.,{;.:,..,.~ ~.~.-f... 7t_ ^.in: a,~ ~ . .~tRd _ ..._ _ ..- --_ - - -- - Sao=~~ f- --- - - _- . -._... - . __ - -- - _- ~.-=.~= .. .. ... " ~"~by: Richf _ - .. . .::. _ _ .___ - .._. - - - -- - - - - _ - _ _ r~.. - - 'is ti l~ichf ~ield~ ~~~ ~ _ ~-: .. ._. -- :B -~~~Precautions:a ~ai;iiat.:~daniage`~tia~arig.:we _ ng. _ _ _ r___~~w: - - - - .en• b. B'loomin~toti•' 'wh-ether ~such=~~instal . __ ,~. installatioris~~siall be.~~tak T. _ _ _ s _. . __ -.__._=.~~:-_ .. :.. _ .._ . _. . _ .::. . lationa are~~ is or near. Oliver . Avenue o ~...... . - . :.. -.: ..:.,.:: ~ --~_- . - . -- C. Service of all existing Lichfield installations shall be -~ ~ -- _ -- maintained during cons~tructiono - .- --- D. Damage to any Richfield installations shall be repaired imrsediatelyo E, I,~nmediately after the co~apletion of each block of water main installation, Richfield shah resurface :;he roadway ~,rith a - 2" stabilized base at Blocmington's expense as hereinafter sr$cified in accordance with the Minnesota Highway Department's see cificationa, Which are attached hereto aril trade apart hereof. For such staE`il- d b ton Bloomin shall pay ttichf iel,d fnrt~-~'iY e oar. -_ ~u~reths ass ize g (~S/1C~~ ~a~ll~ra `s~ ~:~a,,: ~~~o Thereafter a 1~" bituminous mat shall be installed upon said stabili::~d base in accordance with said Minnesota tii~hway Department specifications, but .the time when such mat shall be installed shall be de ermined' by 12ichf ieldp If Kichfield determines to. have such mat installed during neither 1960 _ _ ` ~ or 1961, it may elect to ward the contract at Bloomington~a.`expet!isa . ;.~ .~ ar it nay: elect ~ to have Bloomington .award the contract ~ 4'or~auch work.: __:..~~ ~:~• ~ ~ ~: _ In ~: the-'event =that ~ Richf field decidcs~ :-to. defer' the-~itastalla~i - - i.: _ _ ___ ~ -s .._ _. - _. .~ __ _ ~ ~i:: _..-. ++~ •i .ter .196I~ .it.~shall~~not.ifyBloomington :of;-_suc _ - _ _ :_ said 1~ . ~-iaat:.unt 1 of , _ _ -~ ::. ..:._ ..- .. .. .... .. -. y _ _M. - - _ -•~~_ - - - - ~lt~ichfe~~d:~thewe~s't:imated~~-_ _ •--~ _..... .. r...ele.ction_~ and ~ Bloomington_ shalt :~tlie"r_eupon ~ pay:: ~ . ..~-._. ....- _. __ ^-'.V ~:^ ._ -_ . ... _. t ~ _ ~~ :-: ~_ _ f d~ -s u ,_ ii-~~ -~ _ _ •~ ~`- r r ~ ' ~ - _ ~, ~..., . ~ _; .. ~ E,. - -:. -,_.. ::~-~ .. - ~~~_-~~~a_emetir~„ c ,~pa_irs.~r~or~.~emer. ~snc .~sa,~eBua_. ..._.._a.~r.u...... Z '"~_Y.F~--.y+w+•.._ :c.....r.a _:.:rr.~r.y... ~:---+.:...~~ ---ii ~-v"- - .........«--~.+..~.= ._ ,~,.,, _ ~ L: `n+i..4..:aa~+tn'S6..v..a~.::rr~:r:..r.~'s uv ~~:..a` w .a.~:- .....~:....«:..'+~:--:~::~~.~... : w ...._ - =~'tIa>~ag~;~cxweme Inc rovfa3on~.=.f.~o ~:t~n'fn _ -_ tSYJ-••~~'~`^r^-_ - -.•-'~t~Jifa~dY•w!2?itr.Ctltii~:c^=_.r«~~::•s`~hx°.:itv!_!%t!+~sa•^,+-1sy't~`.~it'.A~'•ry~~-.~'„~.=,IN-NSr. - . -. - _ .- ...:_ ._w.~.~".r-~~.a. jai mis.:r......::~...= n -~w.~....: ~~~ - _ _-~t3i~tfch--work ~.~.o`ut`sid'e~=~•of~°ttie~hoursa~mentiorisd, -- =;~ >a<~--:oi-1 With~he~prior a~~royaT~af~~tictif~ield:!~a Lngiues_r~ : Q ~ - - ._ a.+i.~-.~~ _T.'-r)+.r._M?sr.9Mw+~a±. 1T~i -_ - - __ ~ - -.wY:V.--.+'YiX_...Nw~~.s:.+':.+:Y'.~'~.. ~:..~-!. ... ... .... iz~:s^~- _~....~ . _.........~..._.._.. _ _ ~lr f.r .. .- - __ ._ _- __ ~..:GC.w. ra: .Ar ..v.i'~"-- v~i~.iwM4t+l~iwi:~4•li.rw+h::..a4i.:ii'w:. J..r-~a ._ .. .i~~w .`v~~ii .... ...:.:- .. .:_:... r . .. ... .. ~ ~ .. ~~ .::~". ~~ - o .;= h' ~-]a~be~iriaiiitained ~fiisofar.~as'3_t ~: K.: =-:wAccess==t _ residences _s a _ _ _ __ .,_ _ -- ... . _...:. ---.:: _.. . _ ~.l ~ ~~ _.: .. ._ ... ~b~ ~os~sfbleY~~o-~=day =so~~`_dur-f' =con~struation -and" tfieroaft~er~.,,. -~- . ... ~is==reasons ly ~,p t - .. _ _ -._ ~ _ ~._=. . _. .. _ _ -_ - - _ .~:-s-- .-.i ~i:w t:•:., . ~ ' __~ '~- .. .. - .... .. _ ,_.... :. ._s: .-..: :. _. _ - - _ _ __- __ -.__ _ _. _ _ ..... .. .. .. vA. .. t... .. .. _ _... . .. .r J .. ~.. ::":~.:~•-.If.:.:access~ ~is:=~temporarly?obstructed~~~~~it~:shall:be restored as:~soon_=~-;~~_~~~: ~.as it is possible to do soo ~ .. - ~~- _ = - YIII. .. . Hanholes for such water main shall be located at points desip- -~ nated by ltic~ifield so as to avoid other existing and future uader- ground iastallatioas~ IX . t~'henever any maintenance or repair of such avatar main ss;31i be aecessary~ Bloomington shall do such ~-ork im~nediately~ as as t4 eliminate, or minimize as far as possible, anp damage to properties of anf kind in ltichfield~ X. In the doing of any maintenance, repair, reconstn~ction or relocation pursuant to this agreement, Bloo,etnhton shall a,nfax3 to the regulations set forth in Article VII above, to the exteni -that the provisions of that article can be made applicable. . :. .. ' . '` XIo ~ ~ :.. -..... In the event that II3oomington shall fail to do ..promptlT any ~ . ' _ - .. xork .required ~to:.be done pursuant.. to :this'.a~reemeni.~. Richfield.~mayr_ _ _ __ ,_ ~~.. .. .... ~ -- - :a.~ -- _ ._ .. ~~~ ~o' ton!~s`:"ex en~e"~~~~a_ nd _r.~-,Y.;::,~. _ - at:.its.;,opt_iori`=pro.ceed_:~to,~~,do 'such:~:~orka:;,._ 1 anit~_ P. _ - :1' a..:.-.rvi. ' :'.w ~T:n~.. :~ a~~:~v~= - -- . - .. _ -- . -.. - ~ ..._.. _ . -- .. ~ "- ter:-~-.:~:. - - - ^e •oV n such'=xork -sha11•.~be ~made'=~b ~Hloomin~ ~on="as ~he_ireinaf .~s.a..._ r.. :~vt'y': _ - - a~:1S.. :='ra¢a~} •flry:..~+aa..+`rl^+'~.ia.':'~.r.~f3 r£•• •..s.s3-I~.s:.::a.,.Y.;:.M•.V.•.G11'C++~~axR +%'~. ~.'v.: :...5+.k:..if-.71~.L'-" _ _ __ _':4.. .i_[v - ..TT.~1'i.w:. •I"r :.l':' •'-w•ri..L.~.K ~L~ :'\!•1:a4 ~.."iT.l!~ ~~ ~.~,:: ~~~'-~ .'~~: W#~~r~- ~- _... ._ . _._..:: ~...-._..pr ...-........~ .. --- .___ .. .-_. o- . .... .. - - . ~OVidod~ .. _ -._. _. .. _ _ - ...... _. _ . _ _ . ..... .... _. _ .. ~ y..a.ra_ w ._..+vs :~~ ~.-~B~~ol~ingt~n ~;re`e "t _ -_ . ~= w =22_~ v_e _he~ ~ Lla _ _ - ~.~ . ~ ,~/ .. . . .._. .r_..-.._. _ .r- f~.tMwiY6..TiMK~w+rYw..!T- ~~ . i.M~Mw~i'iil~ ...5. _..w~rr.rr.w. .. -... ... - - _ .....~...... _.. r-... -.. - ~ _ - := _ ...:_ ----a~id~all::of~~~ita-_offic- - - - - - . . ers, , agen :.again" ta'~aad~.. ploye~~ _,_„,.~:a ~"cla~ .. ._.:._...-- ~ ----- .........._ _....... _ --: - em~- - - - _ _ _ _ -_ _ - -s.~; _ _._._ fir-:-~ . . ~'-- - -- - --- _' - -- _ -- - ~:ict:.is4.rl.r_:aj,iw~qur.«,,:v'i"+M:r~=~. ~}:: :<: -.r'_+.±~W~!e!Y~'W~'ik~t- .. . ..dai~ud, acti.o ~~ ~ :cause: -.of.._ ..._ _...... ,._ __ _.._ .. _.. 5._; ~..,.~ n,: ~a~~;- f. _:action.:arsfn gout ~of ~~or~: b"'~:'te .. . aso ~o .. ~- ._. .. -- ~. ~-the. construction.;: =recoaa:tructfon~=-o~ eratoa manteri~ -= =_ . .. ... -- = .:.:;_~w:~w~..p _ i:,. aiice~_or'~re."~~~ ., _ ._ ... ...:. _..._. _ .._ ' - ' ' - - ::^s+%ai _:b:::. s.~a:~.ue.='_:... __ _ _ --mow.-:::swrt:~~an.:vcsri• ..- ..- ._ ...... . . .. fit ~~tate~~_aiai'=1n=-01ver==Aveniie ~. an~ - - - ;~ d~`~s~gA~iigt==anji=an~~~~:~-- u ::... ~.... . -~. nos.. .: ...: ~.: . awards,_:_coats~ .or expenses :of defending'the.'same~:~ In -the eeen~t~~of_ ~~_'..Tw'== . any such claim, demand action or cause of ~ ~ ~ --`°` "``~ `Y''``~~~'-"~' . ~ .action, ~Bloomingtoa:_agirees`~.~=. that upon being notified of the same it xill promptly intervene and. ~ ~Y defend the same :uid will indemnify Richfield and its said officers agents and employees against the same. xrxa, Bloomington further agrees that it «lIl same a.~y a;~rnar of prfl,. party in Richfield or other .persons, including the YillagL~ harviless against any injury or damage sus taiaed as a rasult of *.ae constz~;c Lions operation, reconstruytian, ~ainten~.nce o? rrpai,~ c~ s~xc~~ grater rain. it being the intentio:~ ~' the partie.: that neither the Pillage off' Richfield nor anyone o~rning property or being w-itnin Richfield 3+lall in am manner sustsiy any loss or dustage Xhich wo;:id sot, 1~•r~ reaulte3 had such water vain not been located on Oliver A~~enueo XiY, Giheneeer it shall hereafter be agreed in vrit:~g bcstweea the parties heretc, Richfield map perform any Fart of the worfc required to be done by Bloomington under this agreement, on such basis as fs ,, . then agreed to between the~partiea, and Bloomington shall pap Rich- field for such work as hereinafter proYidedo . ~ ~ : - -... - _ -_. .._.. .. -: ~ i. ... ... _ ...... .. : _ . - - ~: :.. "~Y -P 3'm any~~sum:due:ltichfFeld ;from ~B o gton'~wicter~this. - .. _ -. agreement ~ahall ~ be ~ffiade~~xithin:45 day: ;after;:the~~aaount ~due~~:has. ~beea - _ ~~ -- ... _ .... r,,,~ _ ..- .- .. ~ ~.. ..-~.~i+LiF.::.T- -...... +w-.. _ .•~.~sw.~ ..:. _. _„_ ~e~R!+'~.-. ~ _. -..:aa 'av~..s.~....- - '-'.'s.~+~"~!~-a ',s'_i. _r^ .., .....w-`--•. . .: _ .. ... -~ -_~ ~~-~`_`~'=`~-r"".B fore~.i31 omington `shall`at"'an9"'-t~:me~=en~er~onto ~~livery=A~ea ..~. _.. ^~......._.~....__.__ ..r,..-;rat.o.7~M.saw'e.P4xX'~~f3~vY~,Y~,RGr`:h~-.~ ,rrt,a~4. _ . F'~t... ~~14:i:~~-..C:y~~Tii~...s. '="~.----f•-•--"-~'' r.,... .. :~:.a'__. w.~..s-.•.,...~.:......r.><.r-~;,...,....-.....:.•_..r-. - -- ..rr,es-.... .~ ':nr5 '.~i+.:~ ~ -~ - ~.w1..-~~.•,r~t es.vK..: r-.- _..,r r...-..~-*F^-^..~'~.'. ~"sY~TS•ti'~ -. - . ~- -- '"' ~"-= -- ..inkorder"~to-,~.do~;any--work; ~~it~shall~sfiraive~-~~reasonable not cep • - : - . - - - f ~ o` li `w rk-• -- T~ ~schedu _ .~:Kichfield:~~Except.~:fn-=:ca'se-. .~'g. .Y.:.:.. -- _ ~ ._ ..x .-- :jW+.L6J~1~ ~ :r~lL'+~:vi'..~~f~.StW^.-.'^~ti:~ti:...•.:.-..•.,::.i'.:.L:3:.i+1~~-w'C.~r. -- _ .~1.,..(~r_'z :. ,. .: _..:~ _ .v...._ . =' --_ -.. =shall-be~done:with ahe~LaPProva~2~~~-..~it~iclif~feld~`w' ~ . ~ -: .- : -- - ~ .:.~_~.::= ...:___- . ... ... ... .. .. .. ~ Y= _s--. - -~ ~ -It is ~ihe~~~intentior~. of the parties ~to li~ii the amount of~-~ia:-~=- _'=_~~. conTenience~ to the occupants of property in Richfield abutting ~upoir ~, _.~: Oliver AYenuea resulting from the granting of this permito Bloomington, = therefore, agrees that in substantially completing the installation. of the water main it iYill sot consume more than seven (?) working days in each block, and will not obstruct access :.nto any black for ~-/ more than seven (7) successive working days, In the evert that , Bloomingtor. should occupy any 'olock for :~orc than ? worki::~ days ir_ the doing of any ;pork, bI eking access into si!ch block, Bloomi„~tQo shall pay to Richfield liquidated damages in the amount of ~100t,C0 ger day. dYIZZo Ia the installation of the wat°_r m.';n, Bloomington shall: rot destroy the existing concrete surfacing of 6bth Street at its intersection with Oliver Avenue, but will install the aster main beneath such concrete surfacingo Bloomington also agr;aea that it will not ulock 7btli Sty eEt for :- the doing of any work for a period of more than twenty-four (24) - -~ ~ : - (F//~~J~ ~ hours and that,°ita failure~~ to.. cbsPrre-~ this _:: provision shall. re s.ult:~~:~-_: =~ .~: - - - - _ - - - - - -.amount :of~'-$104004° ~-:~,•~, - ... -~ted;._dama es: •.able.-~:to--Riciifeld4~in~-;tha ,:, ,~--. -„~ ;:~~~:, . _ is :- liquids _ _ g : PaY _ .. -. _ _ ~ <'.6 - ~.c;. ...~.+::: fir. ~°' ~Y... .-i= ; ~.a}. - :::.rte - - _ - - _ -....._....... _ _ _ a•- a er 7. - - - ~P - - - _ 7,~l •._ -_ 'iYr~4-+L; y_a.•.1.,~y 16~.~..:-~vw\tial ~'>- aYM _.' .. - - - ~Y _ - w ,,.~.~-.~,"~..~r...~.:.r.,,~'' OII 3_S 1~ '_OT.:..'~' ~.wa17I'$ "'1I&!! ~~~~-~-=---~-This:.permis~s _ - _-- _ _ vn~o ° ... ._. ..... ~ ..wx-:.~..w:i~ ...,.. r...ne~ii,-n.iru..+.~+ w. :r.zr~: ~.~...ww+«s.sww..+i4.,.iw....:.-:-.:~::~ ~.:!?P!uca'd+viwfs . .. -~ .... ._.. _ =~of=the wate•r'=main-~which -;is tle= ~sub,je`c_ ~~ti~.~gre~:~,. =tom` - ~_.~-.::yam.,;..-:au..» _~,.~ ~-._::... _ ,>_.-~.._;:- ~..~..._.....rz~ _._., _ ,~ h`",'~}lo.om~ri~ton.-:shall obse~re ft~wo 'l__ ~at" _ .~. ."--..;'~" v ded t at ~ .._: _ ~' ---on"s=uri~:e _ . - - ~ - a - -1--ta:~ob~ - -- =:th:~~~"~3-loomii~'~toa.,sh~uld =~fai seMr~. - . - .. --=~agre~ment~= -:In~=the :•evenL= at'.. .g.. ___ _- _ _ _-- .. -- -. _.. .. ~ ~ _ ,.. _ .. a~~ ._ . . .. .'_ _ _ r~ ..,.wry:.: _ - -. - ..._. ~=its= obli~"jationa~°and~~~agreeinents`hereunder~ ~.after~rrcason`a~la~:=n~o~c ~. . g_ - _ -- ~...._ ..f .~ ~.----T _ _~.----;. _ -:and~,opportunitp~~ao -do ~so~~-~this~Y?agreement:.maya~be::~_terminated-'bye'--.~~, ..,. _. ..~:.~ ..r:;:::~, .... _ .Richfield-upon~six months notice~~-~:Blooniington~may terminate=ahis-~~-;`-~~ "-agreement upon: six months.notice:and -upon~~terminating the uses-.~f._:;'-~-:::~`~-~= said water main. In the event of termination of this agreement -:~; ~ - - such water main shall become the property of Richfield, No obli- gation which ~iloomington has. incurred prior to termination shall in any Way be abrogated by reason of terminations n IN WITNESS ~itiEttL~F, the parties hereto have caused this ., , agreemeat to oe executed by their appropriate officers and their seals affixed hereto as of the day sad pear .~::.:~~p arittan, Y Z LL~1GL OF -- 3 By, B LOt3~t I!i~?~ ~ ~~ /, r:.G ~: t ~ ~' f (Seal) .~ ~~ . ~ 1. __.__ .. s ' b~ an ag e r Y I LLAG~: OF R IC HT IL LD g r '%~ !' ~ ~ -.!;l'~'~-~~Lts Mayor 9 . gy ~~ (i,~+~~.cct: ' Its' Manager - ~7~- .:~: _ _ ... - - ~_ - - :./s_:..Y.^:: .:.:.~~.... _ Lam.::«~.=°_ - - _ _ _ - - Se.a2~1 - - .'~ - i" _ - - - - _ i..;v.. ';~,.~' _i'xSG_'.::~ .....z'r'«=.:ri'-'F~-x_.J ~rti .t,~, .j -:':N:~::r: .~'.:'a-w~ = Sc:: z:: _ - ~s,;;'r'~ '-s b.,~.~. ~.r~~,.~~e ~~-iN.. :F L. yrtY:2~3•r~a-i: :,.~a.e :•].•: _ ~ -.) r.Y'..Y•~ ~-N'.-L' ..~ :S-. vt-~~.~i~.'i~•..y~I,li~'iKr. ~ - I"..Y...u'.riir wi wr..... n.. .-.3. _ ...... - ... .. - .....~ - F..y .- - ~~ - -.. - ... - .. .. - - •.S.Caw.~:+.~M:~`-s.:^i'C `•:. iw: :~::]i•.~•wiu...:~«•..~ -y ::....:-r~~.L. r. tir~tii~.w -.....-.. - .-..-_._ __ _.... .-.._..--..~.. .. .. - - ~``~~. -_ - _ ~-~':3' - ~:w~.7fi:.~.:.Y.i~7•a?'~S~yi. 7.:!!4:.T"...:',r r.Yv.`6r:s'~:i'tifi i.^!i '.~+..-w~.-.-. * .. - .~~ --- _ . .. y _- p(•,~~li~li I~M~ QE r ~"`...~.~'~•~'sr+~M1^~l~7lA~Ut 1~1~ ~~J. ~ .. -. __ _ _ _ _- - _ .r. - LTA"' ~ ~ ,ryo ~ n~ ...-ss..~..f .... _ _ .ss'iu.W.a'.SUdu~.~mis:-' -- it .... --.::+^:.Ts~.~+=b. '-i:..' :~ .":'.:..+...^..3~+'a.....~•- ~_ .... "• ^k !- .11. 4lG -,N4T' .. •l~Y• . .+n::: ~..r. RL"C Jr1'-.y5:i~:-r'.~'1C41.~+iw..!~V111/{w~~-JY~~t ._ .-_~.}~~. ~__. _~x.~7~fiTa~T./Y....-.~-.. _ _ _ ...-.~-=: _ .RffidLUT~ON_COIVCERNII'~GYSER_Y.ICB_wOB:A..PORTION ~ •BD~U~~' "~`'~ W'^r~ ~ r---..~ .~..r.w.-r+. :•t4..`.. 'w„~^' fy~yryry- ~L~i:J...r..:~.4r~A.~-6.~+..;.YC~.4tr/j~'W'yl'ff!~_.~ _ .. . ... .. ~. ..r~r .... _...~.~_. ~.r~ ~.. _ ~_ ~ ~•~ _ .--3w+w'~u~0N.:.~n~l.GnL:~ ~:3ir~~i..7%k'-:i~il~at i.i.:Ft`'d.'M+~i, ecL•~3~-~e.'.~n0~6i?w9~+iv~r _ _ _ ___ ____ _____ ww _ _ _ __ ...f. 3i'3G.Yi :31f~ ~~:t1L-. -=~_'+R's ~'~.C -.T* ~ - - ..rlit4~;!i rS~'•~iiFe*'~r~y.Tr`n~r~f~.~. ~R7! - l~~•- _. : i ~. _.. ~. _ _ - RBAS~,ahe:-Viilage_~of`-Richfield-entered~~.irito°a~,~cantzact da~ed:M=thc~ - "- :': ~ :~~ - ' •.27th._day~o~,=•December 1955,-:providing: for~:•interconnectio~df_~=sanit~y-"~---`~~" °`~"aJ '°-- . ~~ --'- ~:- s -rs of~tlie•Viliag' ~Bioomiiigton=:vrit ~ the~~V.ilL.agezof~Rchfield; ~''-~` -_~.,.,. ~_ .. ,. a `of_-: ~ ~-~~,~. R. '".'~ u` :.;:~wh3ch~coiitract"wa .. ..... _`- ._- •--- r.;~`•~ ~-~.'r'a~~-• .n. -- • ~ -~ ~~ s 'subsequently''anieiided~eff..ective as of „ttI"~ --, --~•• _ - - - -.,,..-,~_ _ ~:rAu us t'1959` and - .. - .. -- = _ ~ -- _ - .. _.._.' . -: - _ _ .::~ :;W~--- __ . _~-~~-J~: . . - ~ -. . .. . ... w.. . .,.. ... •. .:_.._.. .._•::_.:.:_._. ~ - ... ........ :. ...=.s-cam. .:'-::::. '.•_•. . V- .. --... =. :_.~ :. :':., - ~° .. _: x-. ~:_z_~,=: - - ... , ~..; WI-~RBAS,~ the.-village has no+~r• received .a .request from.the. Director... of :;:_-.~.~~ ~~.. -' :.:~. _ _~ _`_- Public Woks- of the City of Bloomington (successor -to -the Village of - -_ _:-.-- ~Y:~~;";: - _ - - _~ Bloomington) wherein he requests village approval for Bloomington to ~ :........ '~ ='i:; '':-=- `~ - ~ '-serve a small portion of -the Village of Edina through the Bloomington ~--~ - - - - -_ f ... - sewer- outlet, through the Village of Richfield: - ~ ~ ~.~. NOW Tf-ZE4EFORE, be it resolved bg the Village Council of the Yiliage of 3ichfield, as follows: 1. The Village of Richfield herewith gives its consent to the City of Bloomington to serve the following portion of the Village of Edina with a sanitary sewer outlet through the Pillage of Richfield: The area east of '.Vormandale Boulevard adjacent to the north boundary of Bloomington, described as Tracts A and B of Registered Land Survey No. 990. 2. The discharge of sanitary sewage from said portion of Edina through the Bloomington sewer outlet, through the Village of Richfield, shall be subject to all the terms and conditions of the aforementioned agreement as amended on the 10th day of August 1959. 3. The Village Manager is hereby authorized and directed to request from the City of Minneapolis approval of the discharge of such sewage through the Bloomington and Richfield sewer systems .into the City of Minneapolis sewer system. Passed by the village council of the Village of Richfield this 11th dap of June, 1962. Stanley W. Olson, I~layor ATTEST: ~ 0. R. Van lCrevelen, Hansger ~-, - _ _... _ Edward. J. Line, Clerk-Treas. _- --_ _. ~~ -... - ~•:_; _' "W~_'"``~::~ !r" ti: ~~ ~. rX ..-r rr _ ~~t~q~y."t:~~:r~w~!~.s~.~7w~ ~.!rR._=_.5~.!~~Y~T'-`T•~~-.-... ,. .L __ - ~i..~: .::r-.e.:.+: -..:ate{:: x-- ::.-~re' .~'. f.~:- •3~_.. .},.j.:~~+M{.~FL"it~~!'vt~l.~ "~ie: .~.t, S».'r ~cr~ri_~~r~:.~:)~'......~?i3~w_'~...:_::.Ja•:~:.~`.-.^''Y._': r:•±ya-:-r_~w:. _..~.. _z_...~..~.~.., :.L~-~u•..ri~`."=_'~r'•r~:' .a•'+'ri,.:'_...._ ..._ .t`r...=. ..~_ . - _ ..._ _ - _ _ _ _ =r z: •s`~.; :` .L.r<: , -•''-Vie;:-!r! :sv.-~. _ - = _ '~ c-~-ti..~:~. - ti r _ .`. - - - __ _ fie';. _ ~:~:. •.~.:f.a „J'. _ - 'x.11 r ..t...^ ~ _- ~ *-'d. .L! r%~.~-'~ -- - .~r3:_~r_.i.+-ca'+~t«~!r..L :.~ ~9',.« :X::. .~..::-C'.w~ ^il.: i~):wL..f...`'ila. .:rte. - ..C ~.) _ - • - __ _ _ _. . ~ , ~~+ _ -=fF 7- .. . .- .r_.:..-: ~ ~ : - - - ~ _: s . . .. .': . -... -.~. ~- -..sa ................-. ~~ ..... .--. .-._ - -- _.~ - __ ......w.t-.-... -. .`. .. _ .~3e~sk .. -- - °STAZS `OF.= KINNESO'Tl~ ~) - _ - ~ -_ _ a= - _ --~ ~._. + COUNIY OF HENI~PIN ~ ) -ss ~ .. - - ..--"`~_. YILIAGB OP RICHFIELD ) - - - ~ ---- - - I, Edward J. Moline, being the duly qualified and acting Clerk of the Village of Richfield, Hennepin County, Minnesota, do hereby certify that the foregoing is a true and exact copy of Resolution No.2758 duly passed by the Village Council of said Village on June 11,,1962 ; and that the same is on file and of record in my office. Given under my hand and seal this 28th day of June, 1962 ~~~ Edward J. Moline Village Clerk Village of Richfield - Hennepin County, Kinnesoto _. __ .. _ i. '~ y, • _- ^ ' ~, _ e~ .Z F- ~- t. 3_. i. -~. >: ~~ • n '• •• * '. j 1 ;` ' ~~ .;~ ;,J • ~3 K;'i .. : t. ~'•- . .• ~ . • .. ~ . 196 b ~r2e-ivuPivtt ' .f."+ 4 !T 1 • BLOOMINGTON-RICHFIELD AGREEMENT • = ` :. ' • RE WATER MAIN IN.LOGAN AVENUE •• . . .. K • THIS AGREEMENT; made and entered into as of this l!L ~ •:~': day of ~~_.. _ _._~, 1966, bq• and. between the CITY OF RZCH- ~~ FIELD, a Minnesota'.municipal.corporation•,.hereinafter called "Richfield", and the CITY OF BLOOMINGTON, a Minnesota munici- •t pal corporation, hereinafter called "Bloomington", WITNES3ET~i:••~, • .. -• WHEREAS, Bloomington•has constructed a water system which.; has as its source of water supply' the water system of the City ' • .~ of Minneapolis, Minnesota, and .. , • WIiEREAS, Bloomington desires to• construct a water main.leadr`•' ing•from Minneapolis tb Bloomington through Richfield within the? • .:.. right-of-way of Knox Avenue, 77th Street and Logan 'Avenue anci;~31'~'~-~~~,. • -~: , . across several Richfield park areas in accordance with the.. at.-~.~; _ tached plot plan which is made a part of this agreement,,•and,r..;.~`;?,~ x.. A • •' •'• '~'`= ~Z•ky~' ' • RFAS Richfield is agreeable to• the • construction ' of,`~ ~• ,; .. ~- {(~a such water main within Richfield,'•but _oaly~,if~ Bloomingtoa~:oti-;i;'t,::.Aa~• serves the. provisions of this .agreement . as;.hereinafter°`se't;•,`••r::!: ~i~.~.;, :~ r•:.~r.,; ~~y ... forth .. ~t r: `}. r, Y.~ _~.• •i`;?_;~ •Iw+•!i•?~.lty. NOW THEREFORE, it igthereby agreed by 'and between the` par=~;;3,: ~' ties hereto as follows: '~ ~~~~ ~' ;~ ' '"'•~~ ~:~'.•;ks.' 'f~• • .. .. I • ~ ~ . e f rv+•1Lr4.IrC .t .l•'~% The following words and phrases, as 'used •in .this Hagree~.•`?~'~"~~ .,7f:~ .• went; .shall have the following meanings : • • • ~ - • `~~;F;~;'~ "Water main" means the water main and appurtenances`thereto~,~; ' ., ~:~~ 'to be constructed in Riehfieeld ~-#iy Bloomington as permitted'. by~~''~ ;: this agreement: :i~:~iur{, "Work" refers to water main construction; reconstruction;;,:;;?' '- relocation, ~ maintenance and repair; street • and right•-of-way.;.;~~~+;~.°°~.•~~., construction, • resurfacing and repair';', and.. all other acts or~?i~ k;;;; things necessary or• incidental • tof these activities.~•'~•~a••=?= :` •? ~~~•. ~ ~: .j' (.1..' ~•r.~ :a`i:•t. •~^irt~: '.i: •'t}.~,.V n. ,.j•4j.ri{4'',1~«. • •. r.. ••i1•...f.~ ~i Wis. •r,^`r:: ..,.•..•~: •~~S •J~~Sr'.: ^.~~., 1,'i{' ~~- .:'':. v1• . f•S{= -1 rr ..• .i .(!. ~ • -'i•• •'` ~ .i~...• +±~' •~}. t••.:I~~~~ut r~i;j. k• 4.: •• Tt• ~.1,~ y~` •f • .~~ •' :.ti~•' ~~ •,•• ..~i`:i..:::.rrfw.i:.lC'~a.}~•a~•7i'Y«~}{• ..i.: ~j~.;~.~p~ r('.L,,l:.~'u;.r,~.•,.l'. • •:f' •~'1. .:.~~ ,,~«:; cy'~~~'~'pYh ••,~T'f :Li !~: rl:'•: •~s~: ~":.•t •. }i•C•~'y......r. ':i;~;. fi • •.i H. .~.~~,.~ •'~ . ::.;••,: ~ I: •••i.. •.y.}:,• •.•t~•i•s., r1 ~ ~}: / '•.(: ,. s•:~.'Sr r~ •:: ~i.•~'{ • ::r . \` / j J:: `~ '.1~, ' °~: . _.~h ... ~'. t~ ~{: .: 1 ~;; . ti. . , , ;. ••t ,, •. i. .. 3' .. 1:. , ~~ ... ~ •~ •S ~~,'. 'i,~ ~Y .i~ 1. ' "Authorized construction area" means the right-of-way of '~~`:.~:: -~_ •.,~= Knox Avenue from Highway 494. to 77th Street, 77th Street from %„~:;€ ,a 't.•IL Knox Avenue. to Logan Avenue, Logari Avenue from ??th Street to ':~~,•::.~: ~s 62nd Street,• and those • areas of Fairwood Park and Donaldeon''''•~~°:~~:~• .,. Park lying within the z'ight-of-way lines of Logan Avenue ex-`~ -,';.'; ;~ tended. ~ ' ' . ~'/.: Richfield herewith gives permission to Bloomington to ' ,' ` '" • enter upon the authorized construction area to construct;:oper-:. ate, maintain, reconstruct, relocate. and repair a water main and:.•~~' to do any work permitted or required by this agreement:~~,••• . • ~ .. .,.' . ~ III. '. • . All work shall be at the expense of Bloomington; and,.unless's :~ • 'f . {;.: . otherwise provided herein, shall. be done by Bloomingtoa.'~~••. ~..j; . • ~ S~~ The water main shall be, so located that 'it will avoid present and future underground' installations such as Richfield .~;'.'~. ~` • .~`4 sewer, water and_ storm sewer installations .•' • ;If at any time, for'~r sound construction engineering reasons,; •it ~ is necessary to re-•~ _',.;;c ~` ~.=~; .'. locate any part of the water main so as to accommodate any •Rich-~:~~'• field installation, the expense of such •moving shall be paid ~. =~~~;~:.•, , :._• by Bloomington, Similarly, •if at tany time the presence '• ~ . ~t:. ;.:;: ' • 'ty~ of the water main in the authorized construction'area.increases--;~-"~ the expense of •constructing,•.reconstructing,~•maintaining or.'•;.;; :~~,~~ repairing any installation made by Richfield., such expease.shall;'~~` be paid by Bloomington: .' • •• _ ... •• • ' •'" =~ ..• :', The water main shall be• and remain the property of. Bloom-V~~;x'~:_ .~ ington~ and at all times shall be maintained and repaired` by•;~' ;='~;; ~;, •~. = a }._ :, Bloomington, unless the parties hereto shal•1 hereafter agree :•'.;.;_y:: in writing that such maintenance andt.repair •shall be done. by'.~:•.~•°'.~'~' . Richfield. •:7.' ~_.'. :,:a• t . •~•\~ " , ... • j~•1. .J ..;+~Y. .. 2. ~ • is /f ' - f;~' •a:, . ~ :~s;,; ... L ` VI ` .~~ ^.f ' • • ~ • . ai•. i4.a•^•.ti • • .The sequence or •order in which the water main will be in= ::~~~ _ stalled shall be determined by Richfield, it being contemplated.+~~• ` • ' - ~ '`• ''" that such installation will commence during the month of May; ' =~. ' and will proceed as rapidly as possible to completion ia~;":. 1967 ~ , ~ ' .Xa ~_ .. 1967• ~ • • • • '' no event •later than _Septemt5er 1, .•• •- :~":,; . i VII . j . '`' =K:•.:~1' •af• . .. ~. ~~, ~ ' , '` ' :•'~;~ construction of such water main ih During the course of : • • •~ • • . •• .: . ' ~ 3 • •' •• •:~ the authorized construction area, and upon completion •theroof, ~• '" ,; • Bloomington agrees that •it will comply with the following ;re- _ T • f quirements : ~ ' ~~ A. My excavation made shall be backfilled with mechani • - cal tamping •as provided in the specifications for the pro3ect. '.--:~~ : :: ~: . ~ri ' Excess granual materials shall •tie placed on the street to con= '~L~4f `; r •. form with the .grade and cross•section••area•approved by Richfield•.i ` ~ Excess materials not needed for .such ~ "crowning" shall be 'deposi=~,` . `~ /~ ~ ~ . • ted by Bloomington on Richfield •property,in •the Legion Lake ~ ~•''• •~ ~i \ : .. area, at designated locations. ~• ~ '. - ;~ ,~. ' ~ ~ ._ B. Precautions against damage•to any existing. Richfieldf ~; surface and underground improvements shall betaken by Blooming=~`'~ : ton, whether sucti~improvements are in or.near.the•authorized con=ice K '. ~.~ struction area.- " ~ ~ ' • ~• `• ~• Service oY• all existing utility and public service;::=. C .ti . ~_• • •~ . installations in Richfield shall be maintained .during construc-;;`:..i ~ . ' •~ D. Damage to any utility and public service ~installat':.:~ ~ tions or other improvements •in Richfield shall be repaired, im-••;°~'.; ~~ ; ~ .. • `, No trees in Richfield, whether on:public land or ?~•~ E ~ ~ ~, . . _ t x - ~ - _ ~: f: right-of-way or on private property, shall be •taken, daina~ed ~~ ;'~ ~~ ' or destroyed. •• ~:'~': } , F. Richfield shall have responsibility for. resurfacing='~ ' `~ s` the roadway in ,such manner ~as' it may determine, ~ and • at such r~ K~~''.; ~.^ ti. ,lrt a `ip)Y .l ~f.: . ~,• • ; n' • -•L jl ~.. . . ~:j •• '). • 1 ~ '\. 1: . ,; t - ~ _i n '3•;-`: .: .~ =~~ z' ~~- z • ~ ~~ . : . ~. ~, . ;~ .. T ~~ ~ 'X ... .. ::;. • • :~. • • ' y. .• ;;•. •• j _ - .:t+ ." •:r ~`s x ' :; ~.} . . • •. .- °?' • .. :+.: s; time as it may determine, after the completion of each. block of """.. • water main installation: For such work Bloomington shall reim-_~`• bursa Richfield, in the sum of $ !:6,200.00 •.. This.•~:~'•`:=; :sum is calculated on the basis of the estimated cost of pro- :•~: .ti •'%: viding a 4" stabilized base and a l~" bituminous mat of the•type.' ::;fir. described in Minnesota Highway Department Specification 2341. -;•;•i The sum payable to Richfield•by Bloomington for such street ~ '•~•-` • t ~r restoration work shall be paid on or prior to the time that work:i is commenced. by Bloomington in the authorized construction era's.". In the event that the backfilling of the water main.~ex- •'.?•:?t • .. c• cavation is insufficiently compacted by Bloomington so that ' . ':~:~° the street surfacing .done by' Richfield .pursuant to'this pare= • • :b . . ;.=•~ graphs must, be replaced, the, cost of •~sucli replacement shall be.~;;:~' borne by Bloomington: ~ ~'r~ r' . . • ~;~;' • G. Immediately' after the completion of• each block •of~t;;=.: water main installation, Bloomington shall clean up and restore~°"•:»• :.cs ~ 'any driveways, boulevards, trees, • shrubs, lawns, or other . . ~-:.~,-i •. . .xj. .. properties in any manner adversely affected by such instaliation::l~ • ;.~: H. If it is necessary for Richfield to restore any s' ~; ,: • ~•yj street surface in the. authorized construction area by .reason' "`~~;'~: • • ~ "•;. of the failure of Bloomington to provide proper compaction,. or•'r':~~. by, reason of -any other defect in the construction of the work,...; xx `' Richfield shall notify Bloomington of such claimed defect before..,.'•.~~`.. undertakin such restoration work so as to'give Bloomington an: s. g - . ,.c~, opportunity to see the restoration work claimed to• be necessar ••``~" .. y ~':::}~~ . I. During consctruction Bloomington 'shall use •calcium~;..;i,• chloride and water on excavated materials so as to minimize as`'•';~'i~ much as possible the blowing of• any dirt in the construction ,• ~~ ;.. , area. ~ • , • ' -~~~'~ • - ~~. J. Construction shall be, conducted only between the'' •;':;~•. . ~ ~ '_.: , , hours of 7:00 o clock A.M. .. and ?:00 o clock P. M., .unless neces-•:~ ,•. . . . sary to make emergency`~repairs,`'or 'emergency safeguards against. • . ~ •~• .r ].. • . ~-•iw-~ t ~ i •• • ' • +~' •.} • ^: : f . tw ••~i :.}}' ~ • r ~P ^~tt ~•~. ~p •r4~•• :~1•, :;: .~I. .1 ~ }.•.!7~ ;~ ~~• ~, rs': r 5 `O .t-. 1, r . h S .4 . t. ' Tc :.n':` •=~; _f ~:. - ;~_ 3 Y ~: i • .r w•t:~ ~b:~:r • ' F. I .• ' .: .. .. ,r. t• '.`. • ~•~ • ~ v;: ' '••' i.. t •. • • 'Y •• • •• • .alt. • •• _ , , ~,~•~t storm damage, or emergency provisions for maintaining street..- _•'';' s1 • .. i. access, but any such work, outside of the hours mentioned above,;; shall be done only with the prior approval of Richfield's ~ '•••': =°.:•:~' :: engineer. ~ - :~.:. ' K. Access to residences shall be maintained, insofar,:'' •~ as it is reasonably possible to do so, during construction and~`.'• . •t _ thereafter. If ~ access ~is temporarily obstructed, it shall be - •; ': '~• • :~ restored as soon as it is possible 'to do so. ti• .'-•" ' L. Except as otherwise provided ia.this agreement, the' •~. II work shall be done as shown on plan's .and specifications therefor .. prepared by Orr-Schelen-Mayeron & Associates, Inc., dated July;:;::•;:, 26, 1965,• copies of which are°on file- in the oPfice•of .Richfield•~~ • • •, iii •y~~t. engineer • ' •• :'i:'. _ +'~" - . f •Y. A~, ' M. During. any work Richfield may` have an inspectors ~~,~:; ~~• present at all times,. and the cost to `Richfield. of sucIi_~inspec y '~ ~: tion shall be paid by Bloomington. • ... ~ ~ •~ '' ' . • . VIII. ".:: • . ' . .... •- ':, Manholes for such water main' shall..be located ~at•.points '••a~~' '=. designated by Richfield so as 'to avoid'~other existing, and future ~•~ ,: underground installations. ' .' ••• •' ' ' ~`'' • ~ :j ~~., • i .. ~ _. Whenever any maintenance or repair oP•such water main .shall•~• • ,:. be necessary, Bloomington shall .do• such work immediately; ~so•~ ; '.':;; ; . . j` . as to eliminate, or minimize as Par~.as' possible,:~•any:damage toj;•~, " properties of any kind~.in Richfield. ~'''. : ;• _ •'"~•• •~ _ ~~ " ' . ' X. ~ • .. ~ ... .. .:. In the doing of any maintenance,••repair, reconstruction or ." relocation pursuant to this agreement, Bloomington shall conform to the••,regulations set forth in Article VIZ above, to the ex-•:-•.~ tent that the provisions' of that article. can` be made applicable.. -.; '- • ;.. . In the event that. Bloomington shall ~ f ail ,to do promptly ~ :•Z;::~; ' •' any work required to be•~done'pursuant to this agreement,' Rich-•;•'~:, ~. .. •,. .. . l,'.. 1, .~•~' •• :. 7:~.~•,.N; ~~•~:• •,e 'tai+•:~. ri:•' ; 1 •;. i .. 5 ~1` ~`.-.. `:: ~.~ 3 f,•.: :'~: .y~. • I .j . .. t• .. • '•~: • .. • . •..•. t'• .•.;~ i_ ~~ .. ,. :. •Y...K!' • ~7 i ' •:T . .; , . :;; ' ,~, . field maq at its option proceed to do such work at Bloomington's ~• expense, and payment for any such work shall be~made by Blooming=•... ~:. ._~,. ton as hereinafter provided ' . '~ '' •• ' •• ~ •: , •+'•'~ .• ' ' XII.. . ,~i• Bloomington agrees that it will save Richfield, and all:;of;~. •.*:.. its officers, agents and employees, •against any claim, • demand; "'~'' ~~ action or cause of action arising out of or by reason of the` :':.i;~i; '. '~:~ construction, reconstruction, operation,•mairitenance or repair•':•t`: of the water main in the authorized construction area, and • against-any and all judgments, awards, costs or expenses~ot. defending the same. In• the event of any such claim, demand, . '`: r • ~~ z..- action or cause of. action; Bloomington agrees that upon 'being •:~::=~ • . ~ •, _ notified of the same • it•.will promptly .,intervene 'and defend ,the '_F'~~• ~: same and will indemnify Richfield and it6• said: officers,. agents•;'~~: .. • • • ,•::' • • 3' and employees against the same. ~ . • `~ ~' " ~~~ ~ ' • "i-. •; .. ~ .a • XIII. •.' '. •• Bloomington further agrees that it will save any owner of=;z .' M 'property in Richfield or other' persons, •, including the city; ~ ~~t,; ;,:: :; ~ .. •harmless .against any injury or damage sustained as 'a result of •-' the construction, operation, reconstruction, maintenance or . repair of such water main,• it being the ,intention of the par- • ties that neither the Gity of Richfield nor•anyone owning proper• I', or being within Richfield shall in any • manner sustain' any.'•loss ':: ';~ ; ': • 4 or damage which would not have resulted had••siich water• main not~•z :. ' 4 s., w; been located in the • authorized construction area.•'~ •• a • . ••tr'~~. • •. XIV. . • ~ •`.~• • ~ , ~y Whenever it shall hereafter. lie agreed• in writing between •.:~ ~ •~ the parties hereto, Richfield may perform any part of the work.- ~'` requited to be done by Bloomington under this agreement,'.on. - •.'••':~ •= such basis as is then'agreed•to between the parties,''•and Blooming-•. . .. •. ton shall pay Richfield ~for~ such work as, hereinafter ~provided.,•,?, '. •fr • .' , •: ~t .. . .i:..:.- • ~t.w;.a. +!' .ro~~;•!.`.<<r«!"{r•'ir•+... .f'•:!s:. ta.r.:•.1 •'•'~%~t~'''3~af:u;,~: `•~•~ g: rt ';i' ..,: „a:.+••S ,~ ~~ iYN'; w•• t ' 'r'vi. ~t'a }r.i.: • •. {. • ~d •:a+•r. t t~ t•• +''•F:•; • t ..,. .. c vt,~,tr~f~%n«,:~"j. ^t~ " t" tt,i"~ td'• ~~~ C • ~•~'': ' •t~ ^~"' •'Z'! -rt'.e•::::'gti•.T;d t. .,`°~~ ~~ ~„~;~a.ula••~•YtE`l .,a rti iii •.•. '•f1.j:=Y•' tiJ%~;+~„~r,.~ ~. ..4 y ~ ~~rt ~! i ... !' Y • . (//^~\ ~4 , .. ~ri } . ~J ', .~. ~l ~, l w"S , w `:.~ ~ r . -,~.- . : ~ . ~ . :.;: f ; ~ f ~ ~ . t.:. y ~ .. .. ' ~~ r ~ fi.~ ~ y :.,. r ~ ~! .. fi' t &.. . .~ ~` . \_ :~ •: . .. `~•?: t - 3 . ~ ', ,_ 2 :,~. s. a f ,y:~ ... ~. . A I • ~ l~. • - '' `t Any payment of any sum due Richfield from Bloomington un=~ -';~` . der this agreement shall be made ~withia ' 45 days after the .~ ~~': • ~'.~`: r~ amount due has been ascertained and a•statement has been received . ~ a•~.- from Richfield by Bloomington.' • . ~ ~~ _ •'~:: . XYI. . Before Bloomington shall at any•;time enter onto, the auth-:;~ ~;:' , orized construction area in order to'do any work, it shall first'::; give reasonable notice to •Aichfield. .,:Except in case ~of emer-. '~ gency, 'the scheduling of .work shall be~ done.with •the approval ~`~~{ ... `. of Richfield. ~ '.. '• .. .~- •'r .. .4~r ;; XVII. .: t'+r ~~ • .,•~t. .. ... 'r .: It is the intention•of the parties to limit the•amount of:"tj•... . y..; •1 inconvenience to the occupants of property in Richfield abut- '• . :~.. • .• ';:.; ting upon the authorized construction area,_resulting from the °~:;: .granting of this permit.. Bloomington, therefore, agrees that ;::: in substantially completing the installation of the water main,:`•;•~,•~ it will not obstruct access into any property 'for •more than ~''~'•~`' ' . .. ?i seven (7) successive calendar days.:••' No more than one block• of ~::•.•.` Richfield street shall be rendered unfit for normal and safe . ~ : • automotive travel at any one time.` In the~event'that Bloomington, shall block access into any one property for•more than ?calendar.' days or shall cause more than one"block•to ~be ~uafit for~•use,at•'.;~'- one time, Bloomington shall pay to. Richfield~.liqu3dated; damages:at:~:, ;, in the amount of $200.00 per• day. '_ .',:. ~t••~• ',' „ ;• ti *rf.,• In the installation of the water main, Bloomington shall .~:_'''• not destroy the existing concrete surfacing of ?6th Street or '•~•'~:~ 6¢th Street at their intersections with Logan' Avenue, but' will~;~::~: install the water main beneath such. concrete •~surfacing.t.•,'; :~ ~•.•~. ` ' `; " t , • t,~;.•'!jl~ :t;:ta5 :e•i•.~'..~~ 5''°! ~•.~;.}...~.,a' ~a?• " '$'v..;. .;y•~~ ~;'tl.: tt •S• ~t• ..'i ~•-i y'j~.:~;t:. p~ '',: .~..'.:; fFy.r ti• t..:~'ii:..tt,...V' .. ;•~..{i', . w • .j.«~r.:,.5',:~ a~s•M y1.'•t:44 ~ •~:}k• ~•.^« •.~: ~4.'4S"i~•xi r~' ~t('•:`' •• ~ n ~ ~ ~ . , .. • ;{ - ~ _ ~ ~ ~, ~~~ •• ~. . :.a>> _ b ~~. ... • •. .: _ _ ~~.•, .~•~ • ~•~ _ .. .. .. • . . - ':y ~ . .. . J• f.. a- ~. x 3'~ :~ ~- .. ^}~ - T 3 ~. . p. }•~ _ .. 'J' . `Mr" .. '4ir ~ ~~. . `~: • il• • iy.~. Bloomington also agrees 'that it will not block any inter=~.~:;; section in the doing of any work for a period of more than sevent~ 'two (72) hours and that its failure to observe this provision ." G +~ r shall result in liquidated damages payable' to••Richfield•-~in ~•the',',rf•' . ..,r: s -, amount of $200.00 per day. • ~ ~ ~ • . ,• ; Y;; This permission shall be for the duration of the useful- .~:;;,~' .•` ~ 's Hess of the water main which is• the sub3ect of this agreement',"~" provided that Bloomington shall observe its obligations•under~= this agreement. In the event that Bloomington should fail to •.•-.?' ~; observe its obligations and agreements hereunder, after reason-~~'• able notice and opportunity to do so, this agreement may be ter-'.;: urinated b Richfield u on-six months notice: Bloomin ton ma ~~'~ Y P g Y ~ ~;. terminate this agreement upon six months' notice and upon ter-:;,~;. urinating the use of said water main.' In the event of terming-~•:;-` tion of this agreement, such water main shall become the property; of Richfield. No obligation which Bloomington has incurred • .. „~••:,; prior to termination shall in anyway be .abrogated by reason 'ofd.':` .. • •;.,: termination. .'."~ • . .. .: ~ :': ~' :: °.r •. IN WITNESS WHEREOF,•.the parties hereto have caused this~i,~ agreement to be executed by their appropriate officers and their~~~ . ;~ seals affixed hereto as•`of` the day and year .above written.:____ .:°'•=•~r' • -~•,~: • ~ ~ ~`~`~ ' ,CITY OF BLOOMINGTON ' `' • ~~ '~L~" . •~:=:: " ~~~ By ~Its`•.Mayor Attest: •~;: By .. Its'~;ari~a.ger:;.: Milo Hall; City Clerk•.~:;T~ `~•• '•'" . • (Seal) -`~• ~~~' ;s`~'~~'~•~~ •'~' •,A' ... .. • ' '~~ 'CITY OF RICHFIELD ~' '~' ;~;:,. •' By w-~-a~-~ Its, Mayor . ~ .-a:; •~~:: By .. Its Manager: '~'~. .(Seal). ~'.:• 'u.=::~ ~.. •r+C'":~•.•t,`r.. :t'~.i1;~is~••.::.t ,.awiy`al^M ..t.+r ~ .,, `412 ~a~:~. •4,:i ..; ~«ti..y~~:; ~.~ •i;ti~ •h•:• •s. • ! .. ~ ~ l__~_ ~ -- -- - _ . _..__.. _.._J I. r 7 tir itil=c= r r~ir~,r^G. i ' ,.~, _ , - - E ~ ~ ~~~~ i Aitachrne.r-t C I I ReiocA}~d 36 `~ '`;~~> ~-~ (Alater Maiw ~ ~ ~.. ~ ~:, j ,) .4 ~ ~ ~ ~~~ ~~ ~ r~ ~ / ~4 :~ ~ ~ - ,, i ~a ~ '; ' ~ ~ j~~ / (' i ~ ~ ~_ ,~ , ~e • s -~ R -~ F, , ' `, ' ~ K~I , `~-1 ~ . ~~, 2. . f _~ ; - . ~ ~ ~~ .. ~ ~ ~. ~~ ,1 ,. ~ ~ , r'~_ ~ ~ , ~! i ~ ~ 1\ ~ ~ I ~ ~ ~~ ~` i f ~ J .~ ~ \ 1~ ~ .fit y \ l~~ ,}, i ~,~ \ ~~ i S' I '~4. ~ `°~ ~- i ~ ., k ~t I ,. r T i'v .~ _.. - ., ~r ~'~, ~~ ... t,~, t SfCETCH FOR• l a~~ r our co., inrc %.___ t ; -, ~ - r,4r , (- r ~~ --. _ -- -li~~ I A r---_ __.. - ~ ~~ a I _. { -. i i l' \~ ~ n ~~ i , ~ ~ ~1ow~ed 42 ,~/ ar' ! ~ ~ Ma'n~ ,l ,a;~~~ `y ~~ f~~ ,, _, '~ }, '~,b=, ,'f , ~ .b /~. ' ~• /'~ 1 ~ ~I ~J lily ( I !' y j f ., - E1 M1~: ?. ~/ I 't r ~ , r .~ f 7, a ' ~j,. n .r i. e:nr~ ;. k , w . ,E ~:,. :,... \\.,,,~ 4 .+a ._. ,. ... _. r fJ I y . ,_ __ _. _.._ I ~ _ I ~~ i ,~~-- i i~ ...~~ i $ende Land ~urveyin~, H.LL. ~- STAFF REPORT Other Business 12 43 AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING FEBRUARY 12, 2002 REPORT PREPARED BY: JIM OLSON, PROJECT ENGINEER NaNrc, Trrc,E n REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NanaE, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ~~~ ~~ ~y~-, REVIEWED BY CITY MANAGER: /~ ITEM FOR COUNCIL CONSIDERATION: Consideration of a License Agreement between Best Buy and the City of Richfield. I. RECOMMENDED ACTION: By Motion: Approve the attached License Agreement between Best Buy Co., Inc. and the City of Richfield to allow Best Buy to construct and use a parking area within the future I-494 right of way. III. BACKGROUND ~ Certain parcels acquired for the Best Buy development are to be use as right of way for the future widening of I-494. These parcels are to be conveyed to the City of Richfield from Best Buy. These parcels are located along the southerly portion of the development area, approximately 125 feet in width from north to south, and are designate as Outlots A, B, and C in the BEST BUY CAMPUS plat. The City of Richfield, working in cooperation with the Minnesota Department of Transportation (MnDOT), has agreed to grant limited use of the Outlots to Best Buy. Best Buy will be allowed to develop the area into surface parking for use during the interim period from now until that time when I-494 is widened. III. BASIS OF RECOMMENDATION 021202LicenseAg reement A. POLICY • Approval of the License Agreement is consistent with the final - developer's agreement, the approved final development plan, and MnDOT's use of right of way on an interim basis. B. CRITICAL ISSITES • Delaying the approval of this License Agreement may delay the conveyance of Outlots A, B and C to the City of Richfield which, in turn, would delay the acquisition of the RALF loan (Right of Way Acquisition Loan Fund) used in the financing of the Penn Avenue Bridge. C. FINANCIAL • The City of Richfield will not participate in any of the costs to construct the parking area. D. LEGAL • The Attorneys and staff of Best Buy, the Minnesota Department of Transportation, the Metropolitan Council and the City of Richfield have worked together to finalize the License Agreement. • Final comments from Best Buy have not been received at the writing ~ of this staff report. Revisions to the License Agreement may occur ~ prior to the Council meeting. IV. ALTERNATIVE RECOMMENDATION~S~ • None recommended. V. ATTACHMENTS • License Agreement between Best Buy and the City of Richfield. • Map showing Outlots. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. ~j January 29, 2002 LICENSE AGREEMENT THIS AGREEMENT made and entered into as of this day of , 2002, by and between THE CITY OF RICHFIELD, MINNESOTA, a Minnesota municipal corporation, (hereinafter referred to as "Grantor"), and the BEST BUY COMPANY, INC., a Minnesota corporation (hereinafter referred to as "Grantee"). WITNESSETH: BACKGROUND. Grantee has conveyed to Grantor fee title to the real property described in the attached Exhibit A. (the "Property"). Grantor .intends to convey fee title to the Property to the State of Minnesota, Minnesota Department of Transportation ("MN/DOT") to be used for future improvements to Interstate Highway 494. Licensee has requested that, until such time as MN/DOT needs to physically occupy the Property, the Licensee be allowed to improve and use the Property as an additional parking area for the office headquarters being constructed for it on adjacent lands. The use of the Property for such purpose has been incorporated into the final development plan and conditional use permit for the Best Buy office headquarters. The approved final development plans include a site ,plan showing the layout and design of the parking area that is to be located on the Property and other lands. MN/DOT has consented to such use, and has authorized Grantor and Grantee to enter into this License Agreement. ARTICLE I -GRANT, TERM, TERMINATION 1.1 PROPERTY. In consideration of the fees, covenants and agreements herein reserved and contained on the part of Grantee to be performed, Grantor does hereby license to Grantee the Property. 1.2 TERM AND EXTENSIONS. The term of this License will commence on the date that this agreement is executed by the parties, and, unless extended as hereinafter provided, will terminate or such earlier date as may be determined in accordance with the provisions of this Agreement. At the expiration of the term the Grantee agrees to vacate the Property and deliver the same to the Grantor, or to Grantor's successor or assign. 1.3 TERMINATION DURING TERM BY GRANTOR. Grantor may terminate this Agreement during its term (or the term of any extension) by written notice to the Grantee that Grantor requires physical possession and control of the Property. Termination will be effective 30 days after the giving of such notice. If such notice relates only to a portion of the Property, Grantee may, at its election, continue to license the portions of the Property not covered in the notice according to the terms of this Agreement. JBD-209307v2 RC 145-408 1 1.4 TERMINATION DURING TERM BY GRANTEE. Grantee may terminate this n agreement at any time during its term (or the term of any extension) by written notice to the Grantor. Termination will be effective on the date specified in the notice, and if no date is specified, 30 days following the notice. ARTICLE II -USE OF PROPERTY 2.1 GRANTEE'S USE. During the term of this License, the Property may be used only for the purpose of the temporary parking of passenger motor vehicles subject to all of the provisions of the approved final development plan and the conditional use permit, and all Richfield ordinances regulating parking on private property. 2.2 CONSTRUCTION OF IMPROVEMENTS. All improvements to be constructed on the Property will be constructed by and at the expense of the Grantee, and will be designed and laid out in accordance with the approved final development plan and the conditional use permit for the Best Buy office headquarters, and detailed plans and specifications approved by the Grantor. Grantee will obtain all permits and approvals necessary for construction and use of the improvements. ARTICLE III -LICENSE FEE 3.1 LICENSE FEE. The license fee for the term is $1.00, to be paid by Grantee to Grantor upon execution and delivery of this Agreement. The license fee for any extension of this Agreement will be in an amount agreed to by the parties at the time of any such extension; provided, _ however, that the license fee for any extension will never exceed $1,000 per year. ARTICLE IV -TAXES 4.1. TAXES. The Grantee will be responsible for all real estate taxes and installments on special assessments which are due and payable on the Property from the date of this Agreement and continuing until the termination of this Agreement or any extensions thereof. Grantee will also be responsible for payment of any real estate taxes payable on the Property after the termination of this Agreement, if such taxes are assessed based upon the period of Grantee's use of the Property. ARTICLE V -UTILITIES 5.1 CHARGES. Grantee will pay for all utility services furnished the Grantee for use on the Property. 2 ARTICLE VI - MAINTENANCEAND REPAIRS 6.1 ACCEPTANCE OF THE PROPERTY. The Grantee accepts the Property AS IS, and WHERE IS with all faults and defects. Grantee will be responsible, at its cost and expense to maintain and repair the Property to the required standards of the City of Richfield, during the term of this Agreement. Grantee acknowledges that the Grantor will have no obligation of any nature to maintain, preserve or repair the Property. ARTICLE VII -ALTERATIONS 7.1 NOTICE TO GRANTOR. After construction of the parking area has been completed, alterations costing more than $25,000 will not be undertaken until Grantee has given Grantor written notice thereof specifying the work to be performed in reasonable detail and including the names of the contractors and materialmen to be utilized. After receipt of said notice, Grantor will have a reasonable period of time during which it will make a determination, in its sole discretion, whether or not to permit the work. Grantee will provide Grantor upon request with any further information reasonably necessary for such determination by Grantor and Grantee will not commence work or accept materials prior to receiving written notice of Grantor's determination. ARTICLE VIII - DESTR UCTIONAND RESTORATION 8.1 DAMAGED. If all or part of the Property or improvements is be damaged by any n casualty whether insured or uninsured, the Grantor will have no obligation to repair or rebuild the Property or the improvements. Grantee will have the option to rebuild or repair or to terminate this License by exercise of notice to Grantor. ARTICLE IX -PUBLIC LIABILITY, INDEMNITY 9.1 GRANTEE'S LIABILITY INSURANCE. Grantee will during the entire term hereof keep in full force and effect a policy of liability and property damage insurance with respect to the Property, and the business operated by Grantee, in which the limits of liability will be the same as the Policy limits which Grantee currently carries on similarly used property. 9.2 INDEMNIFICATION. Except for claims arising out of the willful or negligent act of the other party or its representatives, each party will indemnify and defend the other party against all claims, expenses and liabilities incurred, including .reasonable attorneys' fees, in connection with loss of life, personal injury, or property damage arising out of any occurrence in, upon or at the Property, or the occupancy or use thereof by said party, or occasioned wholly or in part by any act or omission of said party, its agents, employees, contractors. This provision will not b.e deemed as a waiver of any statutory liability limits available to Crrantor. ARTICLE X -ASSIGNMENT AND SUBLICENSING ( ~ 10.1 NO ASSIGNMENT BY GRANTEE. Grantee may not assign this License or sublicense the Property, or any part thereof without the prior consent of the Grantor. 10.2 ASSIGNMENT BY GRANTOR. Grantee consents to the assignment of Grantor's interest in this Agreement to the State of Minnesota Department of Transportation. Following such assignment, MN/DOT will be deemed Grantor for the purposes of this Agreement. ARTICLE XI -GRANTEE'S DEFAULT 11.1 EVENTS OF DEFAULT. The following events are deemed to be events of default by Grantee under this License: (a) Grantee fails to pay when due any payments or other charges provided herein, or any portion thereof and the same remains unpaid for a period often (10) days after the same has become due; or (b) Grantee does or permits to be done anything which creates a lien of record upon the Property; and does not cause said lien to be released within ten (10) days after written notice from Grantor; or (c) Grantee fails to comply with any other provision of this License and has not cured any failure within thirty (30) days, [five (5) days in the case of non- compliance with Section 2.1], or such longer period of time as may be reasonably required to cure such default, after Grantor, by written notice, has informed Grantee of such noncompliance. 11.2 GRANTOR'S REMEDIES. Upon the occurrence of any of the above events of default, Grantor may without providing a notice of termination, or without affording Grantee an opportunity to cure (except as to matters for which the right to cure is specifically given in this Agreement), may immediately notify Grantee of such default and may, with such notice, retake possession of the Property. 11.3 COSTS, EXPENSES AND ATTORNEYS' FEES. If one party is required to seek legal counsel for collection or to commence or defend litigation in order to enforce or enjoy the covenants and agreements in this License, the party prevailing in such collection, litigation will have the right to reimbursement from the other party of all reasonable costs, expenses and attorneys' fees. 4 ARTICLEXII -- GRANTOR DEFAULT 12.1 DEFAULT NOTICE TO GRANTOR. Should Grantor default in the performance of any of the covenants on the part of the Grantor to be kept or performed and such default will continue for ten (10) days after written notice to Grantor from Grantee specifying such default, Grantee will have the same remedy as is available to the Grantor in section 11.2 above. ARTICLE XIII -MISCELLANEOUS PROVISIONS 13.1 COVENANT OF QUIET ENJOYMENT. Grantee, subject to the terms and provisions of this License, on payment of the license fee and observing, keeping and performing all of the terms and provisions of this License on its part to be observed, kept and performed, will lawfully, peaceably and quietly and exclusively have, hold occupy and enjoy the Property during the term hereof without hindrance or objection by any persons lawfully claiming under Grantor. 13.2 ACCESS TO PROPERTY. Grantee will allow Grantor and its officers, agents, assigns, contractors and employees access to the Property during regular business hours, on 48 hours' prior notice for purposes of inspecting, surveying, testing and any other pre-demolition activities which are deemed necessary to the Grantor for purposes of reuse of the Property. The Grantor will use reasonable efforts not to interrupt or disturb Grantee's business in the course of conducting said activities. ~~ 13.3 SURRENDER OF PROPERTY. At the expiration or termination of this License, Grantee will surrender the Property in an "as is" condition, but may remove therefrom all advertising signs and devices and all other property placed on the Property by Grantee. All such items not removed will forfeit to and be deemed the exclusive property of Grantor. 13.4 ASSIGNMENT. Grantee may not assign this License to a third party without the prior written consent of the Grantor. 13.5 LIENS. Grantee agrees not to suffer or allow any liens to be placed against the Property as a result of Grantee's activities during the term of this Agreement; including, without limitation any liens for labor or materials provided for any repair, maintenance, modification, alteration or construction of the Property. 13.6 NO DAMAGES, NO RELOCATION BENEFITS. Grantee understands and acknowledges that Grantor is willing to enter into this Agreement and carry out its obligations hereunder only because Grantee has agreed that it will make no claim for damages upon termination of this Agreement. Specifically, and without limitation of the foregoing, Grantee understands that upon the expiration or other termination of this Agreement, Grantor has no obligation to .provide it with other parking, to compensate it for the value of lost parking, to compensate it for the impact of the lost parking on the value of the business, or on the income or profitability of the business, to acquire the business or any part thereof, to pay or offer relocation benefits or relocation assistance. 5 13.7 NO PROPERTY INTEREST. This instrument is not a lease, creates no landlord- , Tenant relationship, and nothing in this Agreement will be deemed to create any property interest other than as expressed in this Agreement. 13.8 RESTORATION FOLLOWING TERMINATION. Nothing in this Agreement may be deemed to alter, modify, or relieve Grantee from its obligations under the final development plan and conditional use permit for the Best Buy headquarters, including, without limitation, its obligation, when the Property is no longer available for parking, to submit and have approved "a revised design for the south edge and for any replacement parking". 13.8 GOVERNING LAW. The laws of the State of Minnesota will govern the validity and interpretation of this Agreement. 13.9 NOTICES. Any notice which is required under this License will be deemed "given" upon hand delivery or three (3) days after prepaid posting in the U. S. Mail whichever will first occur. IN WITNESS WHEREOF, the parties hereto have affixed their signatures the day and year first above written. GRANTOR: THE CITY OF RICHFIELD By: ~ J Martin Kirsch Its: Mayor By: Samantha Orduno Its: City Manager GRANTEE: BEST BUY COMPANY, INC. By: Its: President 6 STATE OF MINNESOTA } COUNTY OF HENNEPIN ss.. The foregoing instrument was acknowledged before me this day of 2002, by Martin Kirsch, the Mayor of the City of Richfield, a Minnesota public corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA } COUNTY OF HENNEPIN ss.. The foregoing instrument was acknowledged before me this day of 2002, by Samantha Orduno, the City Manager of the City of Richfield, a Minnesota public corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ~ COUNTY OF HENNEPIN ss.. The foregoing instrument was acknowledged before me this day of 2002, by the of Best Buy Company, Inc., a corporation under the laws of the State of Minnesota, on behalf of the corporation. Notary Public 7 9 s0 wH s amn +~w 1.0 eNiu.t on •sw¢ 7 wr """'m ~ 11100 t~eu~ 3~nvx3n-+o~ smavd ova `~ ,n~ ..._.. .. wwl ar .,es.. 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Q 0 -= t~ W r- ~ ~' ~,-~ '~, l AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT PUBLIC HEARING 11 42 CITY COUNCIL MEETING FEBRUARY 12, 2002 REPORT PREPARED BY: TOM FOLEY, T~ZANSPORTATION ENGINEER NAME, TITLE REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading regarding a transitory ordinance authorizing the conve ance of a remnant arcel to Centu Court A artments. I. RECOMMENDED ACTION: Conduct and close continued public hearing and by motion: Approve 1) the attached Supplement to Amended Stipulation Agreement with Century Court Apartments and 2) second reading of the attached transitory ordinance to authorize the conveyance of a remnant parcel to Centu Court A artments. II. BACKGROUND At the November 26, 2001 Council meeting, Council continued the public hearing to December 10, 2001 related to a transitory ordinance to transfer a remnant parcel to Century Court Apartments. The hearing was continued at subsequent meetings to allow additional time to address public right-of--way issues. The changes needed to clarify the need for. public right of way along the east side of the 78th .Street frontage road have been resolved and are included in the Supplement to Amended Stipulation Agreement with Century Court Apartments. 0212PHconvey As requested by the Council at the November 26, 2001 meeting, the width (28') of the new service road along the Penn Avenue entrance ramp is shown on the map attached to the resolution. There was a question of a need for aright-turn lane to the Century Courts parking lot west of the new intersection. The parking lot in question serves only one of the apartment buildings so there will be a low number of right turns. Also, the right-turn lane would eliminate either parking lot or snow storage. In addition, the right-turn lane would be developed adjacent to the tight turn leaving the intersection. This close proximity could lead to drivers inadvertently entering the turn lane. Staff recommends not pursuing the turn lane. III. BASIS OF RECOMMENDATION A. POLICY • First reading of the proposed transitory ordinance was held and approved on October 22, 2001. • Notice of the November 26, 2001 public hearing was published in the Richfield Sun-Current on November 14, 2001.. The Open Meeting Law indicates that if a public hearing is continued,. with the time and place of the continuance recorded in the minutes, then no further published or mailed notice is necessary. B. CRITICAL ISSUES • The remnant parcel to be transferred to Century Court Apartments is considered to be too small for redevelopment. The City and State of Minnesota have no need for the land. • Century Court Apartments donated to the City, the land that the Racquet Club used to occupy. The remnant. parcel to be transferred by the City is less than the size of the parcel that was donated. • The remnant parcel provides adequate public right of way along both sides of the realigned 78th Street frontage road. Public easements on the west side of the frontage road are not needed beyond the south side of the Century Court driveway. The attached Right of Way Transfer map shows that the Minnesota Department of Transportation owns this portion of the frontage road and it will be transferred to the City after the new road is built. C. FINANCIAL • The City acquired the property using Best Buy Company funds committed to the Penn Avenue Bridge project. D. LEGAL • City Attorneys have drafted the proposed transitory ordinance on transferring the land to the Century Court Apartments. • The City Attorney drafted the supplement to amended stipulation of settlement on behalf of the City. IV. ALTERNATIVE RECOMMENDATION~S~ • The Council may choose not to approve the supplement to amended stipulation of settlement. However, staff believes the clarified public right of way along both sides of the 78th Street frontage road meets the needs of the City as well as the interests of Century Court Apartments. • Postpone approval of the ordinance. However, the original stipulation agreement has a December 31, 2001 deadline for transfer of the remnant parcel. It is in the interest of both the City and the owners of Century Court Apartments to approve the supplement to amended stipulation agreement quickly. V. ATTACHMENTS • Supplement to Amended Stipulation of Settlement, Parcel 2- Century Court Apartments • Proposed transitory ordinance (including map) for remnant parcel to be conveyed to Century Court Apartments. • Right of Way Transfer Map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. STATE OF MINNESOTA COUNTY OF HENNEPIN Case Type: Condemnation City of Richfield, a municipal coiporation under Minnesota law, Petitioner, v. RK Green L.L.P., formerly a Minnesota limited .liability partnership, dba Citgo Service Station; Roger H. Green; Richfield Bank & Trust Co., a Minnesota corporation; Richfield Housing Associates I Limited Partnership, a Minnesota limited partnership; Glaser Financial Group, Inc., a Minnesota corporation; Minnesota Housing Finance Agency; Northwest Racquet Swim & Health Clubs, Inc., aka Northwest Racquet Swim & Health Clubs, LLC, aka NWR, LLC, formerly a Minnesota corporation; The Sumitomo Trust & Banking Co., Ltd., aka Sumitomo Bank, Limited; The Bank of Tokyo Trust Company; Marvin Wolfenson and Harvey Ratner, dba Northwest Unit Investment Co., aka N.W. Un. Inv. Co.; Midwest Federal Savings and Loan Association; City of Richfield; County of Hennepin; all other parties unknown, together with unknown heirs or devisees and spouses, if any, DISTRICT COURT FOURTH JUDICIAL DISTRICT Court File No. CD-2633 SUPPLEMENT TO AMENDED STIPULATION OF SETTLEMENT PARCEL 2 Respondents. THIS SUPPLEMENTAL STIPULATION is made by and between Petitioner City of Richfield ("City") and Respondent Richfield Housing Associates I Limited Partnership, a Minnesota limited partnership, dba Century Court Apartments ("Housing") and Recreation Facility Limited Partnership, a Minnesota limited partnership ("Recreation"). (Collectively, RJL-209076v1 1 RC145-447 Housing and Recreation are referred to herein as "Respondents".) I. RECITALS 1. City and Respondents previously entered into that .certain Amended Stipulation of Settlement dated October 4, 2001, in settlement of the claims of Respondents for damages herein caused by the taking of interests by City in this proceeding, as described in that agreement ("Settlement Agreement"). 2. Since execution of the Settlement Agreement, City has requested Respondents to agree to: a) accept conveyance of the Mitigative Parcel subject to reservation by the City of a drainage and utility easement in favor of the City, as provided in Exhibit A attached hereto; b) convey an additional drainage and utility easement to the City as provided in Exhibit B attached hereto; and c) accept payment of the $525,000 amount described in the Settlement Agreement from the District Court Administrator pursuant to a motion by counsel for the City rather than by direct payment from the City in return for Respondents receiving the interest accrued on the Quick Take Deposit from date of deposit to date of payment. 3. Respondents are agreeable to the requests of City and the parties desire that this agreement represent their mutual understanding concerning amendment of the Settlement Agreement. II. AGREEMENT NOW, THEREFORE, the City and Respondents agree as follows: 1. The foregoing Recitals are hereby incorporated into this Agreement by reference. 2. .The City's conveyance of the Mitigative Parcel shall be subject to the drainage and utility easement described in Exhibit A attached hereto and incorporated herein. RJIr209076v1 2 RC145-447 3. Not later than the date of recording of the City's deed for the Mitigative Parcel, Housing shall execute and deliver to City a drainage and utility easement in recordable form covering the real estate described in Exhibit B attached hereto and incorporated herein. 4. Respondents agree that City may pay the $525,000 amount described in the Settlement Agreement by means of directing its counsel in this matter to seek an order of the District Court directing the District Court Administrator to pay the Quick Take Deposit in that amount plus accrued interest to Respondents rather than by direct payment from City to Respondents. 5. All provisions of the Settlement Agreement which are consistent with this Supplemental Stipulation shall remain in force and effect. ~~ ,, RJL.209076v1 3 RC145-447 PETITIONER CITY OF RICHFIELD KENNEDY &GRAVEN 470 Pillsbury Center Minneapolis, MN 55402 By: Telephone: (612)337-9300 Its Mayor By: And by: Robert J. Lindall (63277) Its City Manager ATTORNEYS FOR PETITIONER CITY OF RICHFIELD Dated: , 2002 RESPONDENT RICHFIELD HOUSING KELLY & BERENS, P.A. ASSOCIATES I LIMITED PARTNER- 3720 IDS Center SHIP, a Minnesota limited partnership, dba 80 South. Eighth Street CENTURY COURT APARTMENTS Minneapolis, MN 55402 Telephone: (612) 349-6171 By: Richfield Housing Associates, L.L.P. . A Minnesota limited liability partnership By: ~~ Timothy D. Kelly ~ - Its: General Partner Joseph Beckman By: ATTORNEYS FOR RESPONDENTS Paul R.Sween RICHFIELD HOUSING ASSOCIATES I Its General Partner LIMITED PARTNERSHIP AND RECREATIONAL FACILITY LIMITED Dated: , 2002 PARTNERSHIl' RESPONDENT RECREATIONAL FACILITY LIMITED PARTNERSHIP a , Minnesota limited partnership By: Richfield Housing Associates, L.L.P. A Minnesota limited liability partnership Its: General Partner By: Paul R. Sween Its: General Partner Dated: .2002 RJL209076v1 4 RC145-447 ~~ EXHIBIT A ~. MITIGATIVE PARCEL That part of the Southeast Quarter of the Southeast Quarter of Section 32, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of said Section 32; thence North 0 degrees 13 minutes'12 seconds East on an assumed bearing along the east line of the Southeast Quarter of the Southeast Quarter of said Section 32, a distance of 355.00 feet; thence South 79 degrees 03 minutes 21 seconds West, a distance of 100.63 feet to the point of beginning of the land to be described; thence North 6 degrees 20 minutes 24 seconds East, a distance of 193.95 feet; thence North 17 degrees 42 minutes O1 seconds East, a distance of 61.12 feet; thence North 3 degrees 49 minutes 02 seconds West, a distance of 93.05 feet; thence North 0 degrees 06 minutes 34 seconds East, a distance of 13.35 feet; thence South 86 degrees 43 minutes 46 seconds West, a distance of 30.64 feet; thence Southwesterly along a tangential curve, concave to the southeast, having a radius of 35.00 feet, a central angle of 80 degrees 25 minutes 21 seconds, a distance of 49.13 feet; thence South 6 degrees 18 minutes 25 seconds West, tangent to said curve, a distance of 228.96 feet; thence South 2 degrees 31 minutes 45 seconds West, a distance of 108.51 feet to the intersection with the north right-of--way line of Interstate Highway No. 494; thence North 79 degrees 03 minutes 21 seconds East, along said north right-of--way line, a distance of 60.59 feet to the point of beginning. Subject to a temporary construction easement over, under, across and through all of the foregoing tract until December 31, 2003. Subject to a permanent easement for public drainage and utility purposes over, under, across and through the following portion of said property, which easement is hereby reserved to Grantor: That part of the Southeast Quarter of the Southeast Quarter of Section 32, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of said Section 32; thence North 0 degrees 13 minutes 12 seconds East on an assumed bearing along the east line of the Southeast Quarter of the Southeast Quarter of said Section 32, a distance of 355.00 feet; thence South 79 degrees 03 minutes 21 seconds West, a distance of 100.63 feet; thence North 6 degrees. 20 minutes 24 seconds East, a distance of 193.95 feet; thence North 17 degrees 42 minutes O1 seconds East, a distance of 61.12 feet; thence North 3 degrees 49 minutes 02 seconds West, a distance of 93.05 feet; thence North 0 degrees 06 minutes 34 seconds East, a distance of 13.35 feet to the actual point of beginning of the permanent easement to be described; thence South 86 degrees 43 minutes 46 seconds West, a distance of 30.64 feet; thence Southwesterly along a tangential curve, concave to the RJIr209076v1 A-1 RC145-447 n ;; 1 southeast, having a radius of 35.00 feet, a central angle of 80 degrees 25 minutes 21 seconds, a distance of 49.13 feet; thence South 6 degrees 18 minutes 25 seconds West, tangent to said curve, a distance of 228.96 feet; thence South 2 degrees 31 minutes 45 seconds West, a distance of 108.51 feet to the intersection with the north right-of--way line of Interstate Highway No. 494; thence North 79 degrees 03 minutes 21 seconds East, along said north right-of way line, a distance of 8.23 feet; thence North 2 degrees 31 minutes 44 seconds' East, a distance of 106.26 feet; thence North 6 degrees 20 minutes 34 seconds East, a distance of 228.79 feet; thence Northeasterly along a tangential curve, concave to the southeast, having a radius of 25.00 feet, a central angle of 69 degrees 14 minutes 59 seconds, a distance of 30.22 feet; thence Easterly along a compound curve, concave to the south, having a radius of 140.00 feet, a central angle of 10 degrees 04 minutes 00 seconds, a distance of 24.60 feet; thence Easterly along a compound curve, concave to the south, having a radius of 25.00 feet, a central angle of 28 degrees 56 minutes 21 seconds, a distance of -12.63 feet; thence North 0 degrees 06 minutes 34 seconds East, a distance of 8.15 feet to the point of beginning. RJL-209076v1 RC145-447 A-2 EXHIBIT B DRAINAGE AND UTILITY EASEMENT That part of the Southeast Quarter of the Southeast Quarter of Section 32, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at the southwest corner of JACOBSEN QUIST SECOND A17DI'TION, according to the recorded plat thereof; thence Easterly to the southeast corner thereof; thence Northerly to a point distant 258 feet south of the northeast corner thereof; thence Easterly 170 feet; thence Northerly 258 feet to the north line of the Southeast Quarter of the Southeast Quarter of said Section 32; thence Easterly to the northeast corner thereof; thence Southerly along the east line of the Southeast Quarter of the Southeast Quarter of said Section 32 to the intersection of the northeasterly extension of the northerly line of the Roadway parcel deeded to the City of Richfield (per document number 3650706); thence South 53 degrees 33 minutes 10 seconds West along said northeasterly extension of the northerly line, a distance of 89.74 feet; thence South 88 degrees 43 minutes 12 seconds West along said last described line, a distance of 83.62 feet; thence Southwesterly along a tangential curve, concave to the northwest, having a radius of 60.00 feet, a central angle of 25 degrees 37 minutes 16 seconds, a distance of 26.83 feet to the actual point of beginning of the permanent easement to be described; thence North 0 degrees 14 minutes 19 seconds East, a distance of 140.18 feet; thence Northeasterly along a tangential curve, concave to the southeast, having a radius of 81.00 feet, a central angle of 86 degrees 21 minutes 39 seconds, a distance of 122.09 feet; thence North 86 degrees 35 minutes 58 seconds East, tangent to said curve, a distance of 33.18 feet; thence North 3 degrees 24 minutes 12 seconds West, a distance of 8.00 feet; thence South 86 degrees 35 minutes, 58 seconds West, a distance of 33.18 feet; thence Southwesterly along a tangential curve, concave to the southeast, having a radius of 89.00 feet,- a central angle of 86 degrees 21 minutes 39 seconds, a distance of 134.1.5 feet; thence South 0 degrees 14 minutes 19 seconds West, tangent to said curve, a distance of 145.11 feet to an intersection with said northerly line of the Roadway parcel; thence northeasterly .along said northerly line fora distance of 9.41 feet along anon-tangential curve, concave to the southeast, having a radius of 60.00 feet, a central angle of 8 degrees 58.minutes 53 seconds and a chord bearing of North 58 degrees 36 minutes 38 seconds East, to the point of beginning. RJL-209076v1 RC145-447 B-1 CENTURY COURTS PROPERTY MITIGATIVE PARCEL DRAINAGE & UTILITY EASEMENT EXHIBIT 8.0 FT WIDE DRAINAGE & UTILITY I l EASEMENT---~ H 6OUNDARY OF EASEMENT ____.`c---'--~,,,,r., y ~,-CURB ~, , ~,., IS SET 10.0 W LY, NW'LY & •~ ;,_" ""~` , ' RADIUS=35.00 N'LY OF CURB LINE `•~ `~- ~,, ~~ ~''~ gp,CK OF CURB ~3. CENTU~X~~-,~ 35 ! ~` I I ~ ~ EXISTING BUILDING ~ ~~I ~~ ~~G ~ ~ I I `I~ ~~Q?~ i r~,j I I ,~. N .w rn LiJ --------- , I i ~ Q COURT I ~ ~~ ~. 3s.o -i ~~ _ ~ z ~ ~! Z PROPERTY ~~~ Q N <, ___ so.s _ a ~ ~~, ~ j > ~~~ BOUNDARY OF EASEMENT != ', ,_ ~ IS SET i0.(3 E'LY, SE~LY & y, ~ S'LY OF CURB LINE ----------~ I ~ I I ~ ..., I I I - I I '~ EXISTING BUILDING ( - -~~ ' ~'~~ so.59 ~ VARIABLE WID - DRAINAGE & UTILITY ~R~CE ~R ~`~ NOM NALLY 8.0 FT WIDE ~~-~,5 8~ ~8 s~FF~ ~o~` a ~ ~J z 1 INCH = 100 FEET tlr.M.r t«w no ,... s...~ s..+ ~ ,o~N DATE:12/28/01 soamoa w. ~w, ~nG 33897036 494PEN-EX26.DWG WAL -,,, oFFlc BUILDING BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE SALE TO CENTURY COURT APARTMENTS OF CERTAIN REAL PROPERTY OF THE CITY AT PENN AVENUE SOUTH S.P. NO. 2785-328 S.A.P. NO. 27-632-22 CITY PROJECT N0.401-30-521 THE CITY OF RICHFIELD DOES ORDAIN AS FOLLOWS: Section 1. The following property of the City is hereby authorized to be sold to the Century Court Apartments A portion of the southeast 1/4 of the southeast 1/4 of Section 32, Township 28 Range 24, Hennepin County, Minnesota as shown on the attached map. Section 2. The Mayor and City Manager are authorized and directed to sign all documents necessary to effect the sale contemplated by this ordinance. Passed by the City Council of the City of Richfield this day of , 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk Date of Publication February 27, 2002 (estimated Effective Date March 29. 2002 n X OU .~ W (~ u77~ r"] ~ y( ' u ~ ,~ r~ N O J c{ ~ ~ ~ ~ (F +Y i yV„ .T. ~ Pi O ~ b b b ~ m a m v w^ w^ s=. U ~ U y a i~ i~ v ~ 4~. ~ p ~ 4, ~. w ~ c o ~~ y z J L~ U ~ w ~ ff 1 I J I I ~~. a z z 0 U Cif ~. ~\ M o -_ __~.. _ ~_ M f _ _ 0 - _ _ 4~ / ~, ~ J w H U --- % I ~ a a r rn ~ ~ '~ 1~ m 3 i- I X W L~ _:f; ~ ~ N i n i j I N O } ~ . ~ N ~ t '1 ~ tD W + 7! ~ ~ N r N W > a ~.. : ~ a ~ > z ~ ! , rn w ~ ; 1- m 1 w 2 W Z d ' I• UN . ~ wm~ > a W Z . ~ ac j - m i tv ' ~, ; 4 ~ w v~ z \ ~ ` ! ll~~ ~ ~~ ~' 1 ~'I- ' - . ti m , cv - -~, ~ i ~ ~ _ ` N O m n w N Z a Q~ r 4Q _~ ~' ~o v i II ~~! `=i Q i =i ~ 3 m ~e Q 0 a ~ "~~ g ~ ?~-~ AGENDA SECTION: Resolution AGENDA ITEM # 10 REPORT # 41 STAFF REPORT CITY COUNCIL MEETING FEBRUARY 12, 2002 REPORT PREPARED BY: NAME, TITLE REPORT PRESENTER: TITLE 1 DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRIS REGIS, FINANCE MANAGER FINANCE MANAGER ~IVu/fn ' >,(La~i ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution awarding the sale of $1,460,000 General Obligation Ca ital Notes, Series 2002A. I. RECOMMENDED ACTION: By Motion: Approval of the attached resolution awarding the sale of $1,460,000 General Obligation Capital .Notes, Series 2002A; fixing their form and specifications; directing their execution and delivery; and providing for their payment. II. BACKGROUND In a response to the new Omnibus tax laws and imposed levy limits, the City is issuing General Obligation (G.O.) Capital Notes. With the new tax laws and levy limits, and the need to increase equipment rental rates to a market level, the General Fund was no longer in a position to internally absorb the increased rates. Therefore, in an effort to present a balanced budget and remain within statutorily imposed levy limits, the City, as part of the 2002 budget process approved the issuance of Capital Notes to purchase capital equipment. These certificates are short-term borrowing supported by a separate tax levy above imposed levy limits. The use of certificates will have the effect of reducing charges from Internal Service Funds to General Fund departments. 0212equipcert Accordingly, at the January 22, 2002 City Council meeting, the City Council approved a resolution calling for the sale of the G.O. Capital Notes, Series 2002A. Bids on the certificates are due in the offices of Ehlers & Associates, Inc. on Tuesday, February 22, 2002. A representative from Ehlers & Associates, Inc. will be at the City Council meeting to recommend the successful bidder and review attached documents, and provide information that is absent from the resolution and available only after the bidding on the certificates has closed. Following Ehlers & Associates, Inc. recommendation, it would be appropriate for the City Council to award the bond sale to the qualified buyer and undertake other related actions as necessary as delineated in the approving resolution. The closing on the G.O. Capital Notes is scheduled for early March 2002. III. BASIS OF RECOMMENDATION A. POLICY • The City Council approved the issuance of G:O. Capital Notes at the December 10, 2001 City Council meeting. • The City Council approved the call for sale of the G.O. Capital Notes, Series 2002A at the January 22, 2002 City Council meeting. l ; B. CRITICAL ISSUES ~. • N/A C. FINANCIAL • The Capital Notes will be financed by tax levies in 2002 and 2003. • The tax levy amounts will be $774,425 in 2002 and $750,811 in 2003. • The Capital Notes are proposed to be sold as non-rated and non- - callable. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • None. V. ATTACHMENTS • Resolution awarding the sale of $1,460,000 G.O. Capital Notes, Series 2002A. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • A representative from, Ehlers & Associates, Inc. RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF $ GENERAL OBLIGATION CAPITAL NOTES, SERIES 2002A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Richfield, Hennepin County, Minnesota. (City) as follows: Section 1. Sale of Notes. 1.01. It is hereby determined that: (a) the City is authorized by Minnesota Statutes, Sections 410.32 and 412.301 (the Act) to issue its general obligation capital notes (Notes) on such terms and in such manner as the City determines to finance the purchase of items of capital equipment (Equipment), .subject to certain limitations contained in the Act; (b) the City has [will] purchase[d] and acquire[d] various items of Equipment, which items and the [estimated] cost thereof, are listed on Exhibit B, attached hereto and made a part hereof; (c) as required by the Act, (i) .the expected useful life of each item of Equipment is or will be at least as long as the term of the Notes; and (ii) the principal amount of Notes to be issued in the year 2002 will exceed 0.25 percent of the market value of taxable property in the City for the year 2002; (d) it is necessary and expedient for the City to issue its Notes for the purchase of Equipment and related expenses as shown on Exhibit B. (e) it is necessary and expedient to the sound financial management of the affairs of the City to issue approximately $1,460,000 General Obligation Capital Notes, Series 2002A pursuant to the Act to provide financing for the Equipment. 1.02. The proposal of (Purchaser) to purchase $ General Obligation Capital Notes, Series 2002A (Notes) of the City described in the Terms of Proposal thereof is found and determined to be a reasonable offer and is accepted, the proposal being to purchase the Notes at a price of $ plus accrued interest to date of delivery, for Notes bearing interest as follows: Year of Maturity Interest Rate Year of Maturity Interest Rate 2003 True interest cost: 2004 1.03. The sum of $ being the amount proposed by the Purchaser in excess of $ is credited to the Debt Service Fund hereinafter created. The City Manager is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Notes, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.04. The City will forthwith issue and sell the Notes pursuant to Minnesota Statutes, Chapters 410 and 412 (Act), in the total principal amount of $ originally dated March 1, 2002, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 without option of prior payment in the years and amounts as follows: Year Amount Year Amount 2003 2004 Section 2. Registration and Payment. 2.01. Registered Form. The Notes will be issued only in fully registered form. The interest thereon and, upon surrender of each Note, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Note will be dated as of the last interest payment date preceding, the date of authentication to which interest on the Note has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Note will be dated. as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the. Note will be dated as of the date of original issue. The interest on the Notes is payable on February 1 and August 1 of each year, commencing August 1, 2002, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day.. ;, 2.03.. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Notes and the registration of transfers and exchanges of Notes entitled to be registered, transferred or exchanged. (b) Transfer of Notes. Upon surrender for transfer of a Note duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Notes of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Notes. When Notes are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Notes of a like aggregate principal amount and maturity as requested by the ~ registered owner or the owner's attorney in writing. ~-_-' (d) Cancellation. Notes surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Note is presented to the Registrar for transfer, the Registrar may refuse to transfer the Note until the ~ Registrar is satisfied that the endorsement on the Note or separate instrument of ~` J transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur. no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Note is registered in •the bond register as the absolute owner of the Note, whether the Note is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Note and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid. (g) Taxes. Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Notes sufficient to reimburse. the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Notes. If a Note becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Note of-like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Note or in -lieu of and in substitution for any Note destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and; in the case of a Note destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Note was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Notes so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Note has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new - Note prior to payment. 2.04. Appointment of Initial Registrar. The City appoints Wells Fargo Bank Minnesota, N.A., Minneapolis, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation,: if the resulting corporation is a bank or trust company authorized by law to conduct the resulting business, such corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves. the right to remove the Registrar upon 30 days' notice and upon .the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Notes in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Manager must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Notes will be prepared under the direction of the City Manager and .executed on behalf of the City by the. signatures of the Mayor and the City Manager, provided that all signatures may be printed, engraved or ~"1 lithographed facsimiles of the originals. If an officer whose signature or a facsimile of ~ ) whose signature appears on the Notes ceases to be such officer before the delivery of any Note, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Note will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Note has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Notes need not be signed by the same representative. The executed certificate of authentication on a Note is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Notes have been so prepared, executed and authenticated, the City Manager will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaseris not obligated to see to the application of the purchase price. 2.06. Temporary Notes. The City may elect to deliver in lieu of printed definitive Notes one or more typewritten temporary Notes in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Notes the temporary Notes will be exchanged therefor and cancelled. Section 3. Form of Note. 3.01. The Notes will be printed or typewritten in substantially the following form: ' [Face of the Note] No. R- UNITED STATES OF AMERICA $ STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF RICHFIELD GENERAL OBLIGATION CAPITAL NOTES, SERIES 2002A Date of Rate Maturit Original Issue CUSIP March 1, 2002 Registered Owner: Cede & Co. The City. of Richfield, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (City), acknowledges itself to be indebted and for value received promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ on the maturity date specified above without option of prior payment,. with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing August 1, 2002, to the person in whose name this Note. is registered at the close of business on the fifteenthday (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof .are payable in lawful money of the United States of America by check or draft by Wells Fargo Bank Minnesota, N.A., Minneapolis, Minnesota, as Note Registrar, Paying Agent, Transfer Agent and Authenticating Agent,. or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby. irrevocably pledged. The. City Council has designated the issue of Notes of which this Note forms a part ~'''~ as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal ~.% Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. This Note is one of an issue in the aggregate principal amount of $ all of like original issue date and tenor, except as to number, maturity date, and interest rate, all ~~ issued pursuant to a resolution adopted by the City Council on February 12, 2002 (the '~_J Resolution), for the purpose of providing money to defray expenses incurred or to be incurred in purchasing various items of capital equipment, pursuant to and in full conformity with the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 412.301 and 410.32 and the principal hereof and interest hereon are payable primarily from ad valorem taxes, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Note and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency, which taxes may be levied without limitation as to rate or amount. The Notes of this series are issued only as fully registered Notes in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Note is transferable upon the books of the City at the principal office of the Note Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Note Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Notes of other authorized denominations. Upon such transfer or exchange the City will cause a new Note or Notes to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Note Registrar may deem and treat the person in whose name this Note is registered as the absolute owner hereof, whether this Note is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Note Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter of the City and the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in .the issuance of this Note in order to make. it a valid and .binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Note does not cause the indebtedness of the City to exceed any constitutional, .statutory or charter limitation of indebtedness. -This Note is not valid or obligatory for any purpose or entitled to :any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Note Registrar by manual signature of one of its .authorized representatives. IN WITNESS WHEREOF, the City of Richfield, Hennepin County, Minnesota, by its City Council, has caused this Note to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Note to be dated as of the date set forth below. Dated: CITY OF RICHFIELD, MINNESOTA (facsimile) (facsimile) City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Notes delivered pursuant to the Resolution mentioned within. WELLS FARGO BANK MINNESOTA, N.A. By Authorized Representative The following abbreviations, when used in the inscription on the face of this Note, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT Custodian in common (Gust) (Minor) TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors JT TEN -- as joint tenants with right of survivorship and not as tenants in common Act ...................... (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Note and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Note on the books kept for registration of the within Note, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Note in every _ particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to,- or in substitution for, STAMP, .SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Note Registrar will not effect transfer of .this Note unless the information concerning the assignee requested below is provided. Name and Address: Please insert social security or other identifying number of assignee (Include information for all joint owners if this Note is held by joint account.) PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Registered Owner Signature of Officer of the. Registrar Cede & Co. Federal ID #13-2555119 3.02. The City Manager is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to be printed on or accompany each Note. Section 4. Payment: Security: Pledges and Covenants. 4.01. The Notes will be payable from the General Obligation Capital Notes, Series 2002A Debt Service Fund (Debt Service Fund) hereby created, and the proceeds of the ad valorem taxes hereinafter levied are pledged to the Debt Service Fund. If a payment of principal or interest on the Notes becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the Finance Director will pay such principal or interest from the general fund of the City, and the general fund may be reimbursed for those advances out of the proceeds of the taxes levied by this resolution when collected. There is appropriated to the Debt Service Fund (i) all capitalized interest financed from Note proceeds, if any, (ii) any amount over the minimum purchase price of the Notes paid by the Purchaser, and (iii) the accrued interest paid by the Purchaser upon closing and delivery of the Notes. 4.02. For the purpose of paying the principal of and interest on the Notes, there is levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, to be spread upon the tax rolls and collected with and as part of other general taxes of the City. The tax will be credited to the Debt Service Fund above provided and is in the years and amounts as follows (year stated being year of levy for collection the following year): YEAR LEVY YEAR LEVY (See Attachment A) 4.03. It is determined that the estimated collection of the foregoing taxes will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Notes. The tax levy herein provided is irrepealable until all of the Notes are paid, provided that at the time the City makes its annual tax levies, the City Manager may certify to the Taxpayer Services Division Manager of Hennepin County the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the Taxpayer Services Division Manager will thereupon reduce the levy collectible during that year by the amount so certified. 4.04. The City Clerk is authorized and directed to file a certified copy of this resolution with the Taxpayer Services Division Manager and to obtain the certificate required by Minnesota Statutes, Section 475.63. 0 Section 5. Authentication of Transcript. 5.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Notes, certified copies of proceedings and records of the City relating to the Notes and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the. facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Notes, and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 5.02. The Mayor, City Manager and Finance Director are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Notes and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 5.03. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered as Bond Counsel) to U.S: Trust Company, Minneapolis, Minnesota on the closing date for further distribution as directed by the City's financial adviser, Ehlers & Associates, Inc. Section 6. Tax Covenant. 6.01. The City covenants and agrees with the holders from time to time of the Notes that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Notes to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Notes. 6.02. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Notes under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Notes, and the rebate of excess investment earnings to the United States if the Notes (together with other obligations reasonably expected to be issued in calendar year 2002) exceed the small-issuer exception amount of $5,000,000. (b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Notes are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(C) of the Code. 6.03. The City further covenants not to use the proceeds of the Notes or to cause or permit them or any of them to be used, in such a manner as to cause the Notes to be "private activity bonds" within the meaning of Sections 103 and 141 through 150. of the Code. 6.04. In order to qualify the Notes as "qualified tax-exempt. obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Notes are not "private activity bonds" as defined in Section 141 of the Code; (b) the City designates the Notes as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated than .private activity bonds that are not issued by the City (and all subordinate 2002 will not exceed $10,000,000; and amount of tax-exempt obligations (other qualified 501(c)(3) bonds) which will be entities of the City) during calendar year (d) not more than $10,000,000 of obligations issued by the City during calendar year 2002 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-Entr~ystem; Limited Obligation of City. 7.01. The Notes will be initially issued in the form of a separate single typewritten or printed fully registered Note for each of the maturities set forth in Section 1.03- hereof. Upon initial issuance, the ownership of each Note will be registered in the registration books kept by the Note Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (DTC). Except as provided in this section, all of the outstanding Notes will be registered in the registration books kept by the Note Registrar in the name of Cede & Co., as nominee of DTC. 7.02. With respect to Notes registered in the registration books kept by the Note Registrar in the name of Cede & Co., as nominee of DTC, the City, the Note Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Notes as securities depository (Participants) or to any other person on behalf of which a Participant holds an interest in the Notes, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Notes, (ii) the delivery to any Participant or any other person (other than a registered owner of Notes, as shown by the registration books kept by the Note Registrar,) of any notice with respect to the Notes, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Notes, of any amount with respect to principal of, premium, if any, or interest on the Notes. The City, the Note Registrar and the Paying Agent may treat and consider the person in whose name each Note is registered in the registration books kept by the Note Registrar as the holder and absolute owner of such Note for the purpose of payment of principal, premium and interest with respect to such Note, for the purpose of registering transfers with respect to such Notes, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Notes only to or on the order of the respective registered owners, as shown in the registration books kept by the Note Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Notes to the extent of the sum or sums so paid. No person other than a registered owner of Notes, as shown in the registration books kept by the Note Registrar, will receive a certificated Bond evidencing the obligation of this. resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (Representation Letter) which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Note Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of -the City in the Representation letter with respect to the Note Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Notes that they be able to obtain Note certificates, the City will notify DTC, whereupon DTC will notify the Participants, of .the availability through DTC of Note certificates. In such event the City will issue, transfer and exchange Note certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Notes at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Note Registrar will authenticate Note certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of ..this Resolution to the contrary, so long as a Note is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Note and all notices with respect to the Note will be made and .given, respectively. in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. The City hereby covenants and agrees that it will comply with and- carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 8.02. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of February, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk n STATE OF MINNESOTA ) O COUNTY OF HENNEPIN ) SS. CITY OF RICHFIELD ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Richfield, Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a special meeting of the City Council of the City held on February 12, 2002 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $ General Obligation Capital .Notes, Series 2002A of the City. WITNESS My hand officially as such City Clerk and the corporate seal of the City this day of , 2002. City Clerk Richfield, Minnesota (SEAL) STATE OF MINNESOTA TAXPAYER SERVICES DIVISION MANAGER'S CERTIFICATE AS TO COUNTY OF HENNEPIN TAX LEVY AND REGISTRATION I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota, hereby certify that a certified copy of a resolution adopted by the governing. body of the City of Richfield, Minnesota, on February 12, 2002, levying taxes for the payment of $ General Obligation Capital Notes, Series 2002A, of said municipality dated March 1, 2002, has been filed in my office and said bonds have been entered on the register of obligations in my office and that such tax has been levied as required by law. WITNESS My hand and official seal this day of (SEAL) 2002. County Auditor Hennepin County, Minnesota By Deputy n AGENDA SECTION: Resolutions AGENDA ITEM # 9 REPORT # 4 ~ STAFF REPORT COUNCIL MEETING DATE: FEBRUARY 12, 2002 l~ j' REPORT PREPARED BY: KATHY FARRIS, HUMAN SERVICES/PLANNER COORDINATOR NAME, TITLE REPORT PRESENTER: SAMANTHA ORDUNO, CITY MANAGER NAME, TITLE REVIEWED BY CITY MANAGER: ~ /~~~~~ ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution designating a member of the Richfield Community Human Services Council (RCHSPC) as the City's representative to the Hennepin South Services Collaborative (HSSC) Coordination Advisory Team (CAT) and appointing a member of the RCHSPC to a two-vear term. ~~ I. RECOMMENDED ACTION: ~~ By Motion: Approve the attached .resolution designating a member of the Richfield Community Human Services Council (RCHSPC) as the City's representative to the Hennepin South Services Collaborative (HSSC) Coordination Advisory Team (CAT) and appointing a member of the RCHSPC to a two-vear term. IL BACKGROUND The City of Richfield has had a joint and cooperative agreement with the cities of Bloomington, Eden Prairie and Edina for the past 28 years to provide human service planning in South Hennepin, and with the four cities and school districts for the past eight years to provide family services collaborative activities. In 1991, the planning agency was reorganized to establish the South Hennepin Regional Planning Agency (SHeRPA). FamiLink, the South Hennepin family Services. Collaborative per Minnesota Statutes Section 124D.23, began in 1994 to more effectively meet the needs of families and children in South Hennepin. FamiLink formally incorporated in 1998 and contracted with SHeRPA for the provision of administrative and fiscal services to FamiLink. 0212HSSC In August 1999, the SHeRPA Board of Directors, consisting of the four City Managers, and the FamiLink Board, consisting of the four City Managers, the four School Superintendents, arepresentative of Hennepin County, and a representative of Community Action for Suburban Hennepin, voted to merge the two organizations. into one entity called Hennepin South Services Collaborative (HSSC). The HSSC created the RPC Commission to establish policies and objectives for the Agency's research, planning, and coordination activities. The RPC consisted of one representative from each City. The HSSC created the FamiLink Commission to establish policies and objectives for the agency's family services collaborative activities. The FamiLink Commission consisted of representatives from each city, school, service provider partner and Community Council. Service provider. partners have a formal agreement to participate in HSSC activities. Each area Community Council operated a FamiLink Resource Center. Each Community Council has been given the responsibility of the HSSC Board to distribute Local Collaborative. Time Study revenue generated by the schools within each community and mandated by state law to provide:,prevention and early intervention services for children and families. The HSSC hired a consultanf in December 2000 to make recommendations to resolve several problems that had arisen within the organization over the past three years including: • Financial deficits; high cost of maintaining four resource centers • Communication problems among. stakeholders • Unclear roles and responsibilities of the FamiLink Commission and family service n collaborative components • Time spent on process/governance .instead of results • Database problems • -Lack of attention to research, planning and coordination functions- .The consultant held transition discussions with HSSC partners over a six to eight week period and developed a transition discussion group that met four times. On June 6, 2001, the HSSC Board approved the adoption of a new HSSC model and transition to this new model began in July 2001. The mission of the new model is to, within the South Hennepin region: provide research and planning to identify emerging needs and gaps in human services and..#o coordinate existing services and develop potential. resources to facilitate solutions. The objectives of the transition to the new modeF are to: • .Reduce governance • Eliminate management. layers • Return to the basics: research, planning and coordination • Clarify roles and responsibilities • Create a more flexible and responsive organization In the new. HSSC model, the RPC Commission and the FamiLink Commissions have been abolished, and the four FamiLink Resource Centers will be merged-into one central center by March 2002. A revised staffing configuration has been approved and some new staff hired. Research, planning and coordination goals and objectives will be developed bi-annually through a Strategic Planning .process that includes broad representation throughout the HSSC partner community. This strategic planning process determines the HSSC two-year work plan, which is carried out through the work of Coordination Teams. The Coordination Advisory Team (CAT) has been created to provide a link between these coordination teams and to: 1) ensure community, accountability and coordination; 2) realize the HSSC mission and work plan; and 3) serve as the family services commission. The HSSC Board has determined that each City, School, mandated Family Services Collaborative partner, Community Council, and Coordination -Team appoint a representative to serve on the CAT. The Richfield Community Human Services Planning Council (RCHSPC), a City Commission, was developed in 1991 as a result of its relationship to the regional human services planning agency (formerly SHeRPA, and now the HSSC): The RCHSPC advises the City Council on issues related. to human services, assesses human services issues and needs within the City of Richfield, works with human service liaisons on .local planning issues and work plans, serves as a community resource to HSSC, and is a fundamental link to the community human service planning process. III. BASIS OF RECOMMENDATION A. POLICY • The new HSSC model includes a representative from each City to serve on the Coordination Advisory Team. • The City has historically looked to the RCHSPC as a critical component of human service planning. • Membership on the CAT of a representative of the RCHSPC is consistent with the City's policy of integrating the City's human service planning needs with those of he region. B. CRITICAL ISSUES • The first official CAT meeting is scheduled for February 25, 2002. • C. FINANCIAL • The City of Richfield provides in-kind personnel services to HSSC and the City Council approved the contribution of $20,910 to HSSC in 2002 for research; planning and coordination functions. D. LEGAL • None ALTERNATNE RECOMMENDATION(S~ • The Council may decide not to appoint representation from the RCHSPC on the HSSC Coordination Advisory Team. • The Council may decide to appoint representation from outside the RCHSPC to the HSSC Coordination Advisory Team. • The Council may decide not to appoint a representative to the HSSC Coordination Advisory Team.. ; ~ V. ATTACHMENTS ~ • Kesoiution • HSSC Coordination Advisory Team Overview • RCHSPC Member List CIPAL PARTIES BXPECTED AT MEETING RESOLUTION NO. A RESOLUTION AUTHORIZING DESIGNATING A MEMBER OF THE RICHFIELD COMMUNITY HUMAN SERVICES PLANNING COUNCIL AS THE CITY'S REPRESENTATIVE TO THE HENNEPIN SOUTH SERVICES COLLABORATIVE COORDINATION ADVISORY TEAM AND APPOINTING A MEMBER OF THE RICHFIELD COMMUNITY HUMAN: SERVICES PLANNING COUNCIL TO A TWO-YEAR TERM .WHEREAS, The City. of Richfield is a member of HSSC through a joint and cooperative agreement with the cities of Bloomington, Eden Prairie and Edina for the purpose of providing human service planning and family services collaborative activities in South Hennepin; and WHEREAS, the HSSC Board has, as a result-of reorganization of the agency, created the Coordination Advisory Team and has directed that each joint powers member appoint a representative to the Coordination Advisory Team; and WHEREAS, the RCHSPC, a City Commission, advises the City Council on issues related to human services and human service planning and research issues. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Richfield establish that the City's representative to the CAT shall be a member of the RCHSPC. BE IT FURTHER RESOLVED, that a member of the RCHSPC shall be appointed to the HSSC's CAT for atwo-year term beginning in 2002. Passed by the City Council of the City of Richfield, Minnesota this 12th day of February, 2002. Martin J. Kirsch, Mayor ATTEST: NancyGibbs, City Clerk n 0 0 N L Q~ ~c C a~ U N O r n L_ ~R t ~U ~ 'v u o V 0 o v V c ~~ N :~ ca L O V d F d d > > _ O C ~ ~ d t W C ~ d cva~~ ~ ~ ~ ~ H O Q V r w ' _ ~ O Q ~ > a d d ~ x ~ W i N N 2 c 'a F O O V O N O L ~ ~ 0 r~+ N i N !0 V1 t4 c ~ w d ~ '~ L ~ a c U C = N t A i ~ a . ~ ) L C V ~m Q- ~ c ~ ~a ~ ~ w ~. a (0 c co d V ~ ~ ~.~ ~ L G1 +' ~ d ~ Q Y N U C U) -p ~~ 3 o c aN~~ v N ~ U Q ` d ~ ~ ~ _ C r d ~ ~ O ~ ~ 7 ~ N ~ y L: ~ ~ ~ ~ C E E cn ~ o N c2 E ~ ~ ~fcon o N N• ~ o o ~ ~ • ~ • ~ ° i ~ ~ a i ~ W+ ~ ~ ~ O ~ ~ N C (n ~ ~ ~ V ~ ~ ~ V ~ U ~ = ~Q ~ Q ~ ~ O ~ ~ ~ ~ !0 lC U O d Y w O N ~ ~ma ~;, Boa U ~ $~ ~o•E ~ ~ 3~a ~ ~ ~ i~~ ~ ~ •NOOO~ C p U Z ~ o ~ ECC •~ ~; o a y U ~ ~ G L ~ /~ G~ > ' ~ ~ ~ ~ o O U U ~ 4~- ~ N O cn L v' yr w ~' ~ • •G U y.. L ~ ~ •C V-- YO Q O~ L. Q N ~ ~ ~ ~ A ~ ~ ~ C z" ~ O 'o ii N~~ o ~ ~ ~ ~ .? o ~ N ' Q - ~ O V U~ U ~ ~ ~ N U >~ e d o~j O o o ~•>~ ~ d O Z `? ~ •> N ~ cv U cv = d ~ ~ ~ ~ ~c..+ ~ytLW ~ o~ UW a~ p ~~ af°iavo~ ~a ~~ ~ ` ~ ~ Q . . . . . . . . . N i r N N d 3 3 C ~ ~ G1 O 'C ~ ~ 1- Q U U V RICHFIELD COMMUNITY HUMANS SERVICES PLANNING COUNCIL (RCHSPC) 2001 Member List John Bjostad Planning Commission 7016 Harriet Ave. Richfield, MN 55423 Jaabee2(a~aol.com Camillo DeSantis 6508 Newton Ave. Richfield, MN 55423 612-866-5171 Cynthia Dubansky, MSW Advisory Board on Health 7214 Pleasant Ave. Richfield, MN 55423 Cdubansky~a)_juno.com Joan Helmberger HRA Commission 6914 Park Ave. Richfield, MN 55423 612-869-8057 (h) 952-922-6521 (b) Rick Jabs Community Services Commission 6805 Knox Ave. Richfield, MN 55423 612-866-2660 RJabs aandl-labs.com Sally Parsons (Alternate) Advisory Board on Health 6637 Sheridan Ave. Richfield, MN 55423 Susan Rosenberg City Council Liaison 6633 Thomas Ave. Richfield, MN 5.5423 612-866-2683 Tom Scaglia (Chair) Hennepin County 6410 Washburn Ave. Richfield, MN 55423 612-879-3739 (b) 612-879-3390 (Fax) 612-798-0485 (h) tom.scaaliaCa~co.hennepin.mn.us tscaglia mn.rr.com Tashika Sykes Human Rights Commission 6604 Fifth Ave. Richfield, MN 55423 tashika.sykes _nwa.com Gertrude Ulrich (Alternate) City Council 7601 Aldrich Ave. Richfield, MN 55423 612-866-8171 RPC Manager HSSC 5701 Normandale Road, #302 Edina, MN 55424 952-922-5999 04/01 ~ ~ AGENDA SECTION: AGENDA ITEM # REPORT # ~I STAFF REPORT CITY COUNCIL MEETING FEBRUARY 12, 2002 Resolutions 8 39 REPORT PREPARED BY: GEORGE ATKINSON, ENGINEERING SUPERVISOR REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR DEPARTMENT DIRECTOR REVIEW: ~ /%,~/j~ //~ i REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of agreement with the Minnesota Department of Transportation for cost sharing of irrigation system construction and other associated construction upon and along I-35W from 76th Street to 66th Street. RECOMMENDED ACTION: By Motion: Adopt the attached resolution authorizing the Mayor and City Manager to execute Minnesota Department of Transportation Cooperative Construction Agreement No. 82745-R, State Project No. 2782-280 and City Project No. 401-30-537, for City lump sum payment of an estimated $26,187.84 for irrigation system construction by the State on I-35W from 76th Street to 66th Street. n III. BACKGROUND The State of Minnesota will advertise for bids and award a construction contract for performance of landscaping and irrigation construction and other associated construction upon, along and adjacent to I-35W from 76th Street to 66th Street. The State has requested participation by the City of Richfield in the costs of the irrigation system construction. 02121rrigation III. BASIS OF RECOMMENDATION A. POLICY • The proposed Minnesota Department of Transportation (MnDOT) Cooperative Construction Agreement No. 82745-R indicates the City of Richfield construction cost share will be 100 percent of the construction bid price for the irrigation system (to be finalized at the time a construction contract is awarded) and a construction engineering charge in an amount equal to 8 percent of the total cost of the City participation under the proposed Agreement. • The proposed MnDOT Cooperative Construction Agreement No. 82745-R further indicates, upon satisfactory completion of the irrigation system construction, the City of Richfield will provide for the proper maintenance and repair of the irrigation system without cost or expense to the State. • The proposed MnDOT Cooperative Construction Agreement No. 82745-R further indicates, after atwo-year plant establishment period, the City of Richfield will perform all maintenance of the planting beds without cost or expense to the State. Such maintenance will include, but not be limited to, debris removal, pruning, weeding, mulching, watering and replacement of diseased or dead plants and any other maintenance necessary to perpetuate the life of the landscaping materials. • The proposed MnDOT Cooperative Construction Agreement No. 82745-R further indicates the City of Richfield will provide the necessary electrical energy and water supply for the maintenance operation without cost or expense to the State. B. CRITICAL ISSUES • Should Council choose to not participate in this agreement, MnDOT will most likely revert to a simple planting scheme that does not need irrigation. Without irrigation MnDOT is likely to install little more than turf. Previously Richfield paid to MnDOT $260,000 for special architectural features on the bridge. The features included the installation of retaining walls to form planting beds. The water service was installed to provide water to a future irrigation system. The agreement with MnDOT for the special bridge features did not include irrigation. C. FINANCIAL • Upon award of the construction contract, the State will notify the City of its participation cost based on construction contract unit price. The City's cost share for the work, an estimated $26,187.84, will be funded through Richfield's Municipal State Aid (gas tax revenues) O construction account. D. LEGAL • The City Attorney will be present at the Council meeting and available for counsel IV. ALTERNATIVE RECOMMENDATION(S~ • The Council may defer action on this item to a later meeting. • Council could decline to approve this agreement and request a new agreement for landscaping only. However, without irrigation, the City's task of maintaining plant materials would be more time consuming and costly. • Council could decline to approve this agreement. Without landscaping, the area along I-35W between 76th Street and 66th Street could be covered with rock material which could be viewed as less than aesthetically pleasing and could still result in maintenance costs to eliminate noxious weeds, volunteer trees, trash and other debris. V. ATTACHMENTS • Resolution authorizing execution of Agreement 82745-R with the State of Minnesota Department of Transportation for cost sharing of irrigation- system construction and other associated construction upon and along I-35W from 76th Street to 66th Street. • Cooperative Construction Agreement Number 82745-R between the City of Richfield and the Minnesota Department of Transportation. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF COOPERATIVE CONSTRUCTION AGREEMENT N0.82745-R WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR COST SHARING OF IRRIGATION SYSTEM CONSTRUCTION PERFORMED UPON AND ALONG I-35W FROM 76TH STREET TO 66TH STREET IT IS RESOLVED that the City of Richfield enter into Minnesota Department of Transportation Agreement No. 82475-R with the State of Minnesota Department of Transportation for the following purposes: To provide for a lump sum payment by the City of Richfield to the State of Minnesota of the City's share of the costs of the irrigation system construction and other associated construction to be performed upon and along Trunk Highway No. 35W from West 76th Street to West 66th Street within the corporate City limits under State Project No. 2782-280 (T.H. 35W = 392). IT IS FURTHER RESOLVED that the Mayor and City Manager are authorized to execute the Agreement and any amendments to the Agreement. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of February, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk n PRE-LETTING STATE OF MINNESOTA SERVICES DEPARTMENT OF TRANSPORTATION SECTION COOPERATIVE CONSTRUCTION AGREEMENT S.P. 2782-280 (T.H. 35W=392} State Funds The State of Minnesota Department of Transportation, and The City of Richfield Re: City lump sum payment for irrigation system construction by the State on T.H. 35W from 76th Street to 66th Street. Mn/DOT AGREEMENT NO. 82745-R AMOUNT ENCUMBERED (None) AMOUNT RECEIVABLE 526,187.84 n THIS AGREEMENT is made and entered into.by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Richfield, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". 1 82745 WHEREAS the State is about to perform landscaping and irrigation system construction and other associated construction upon, along and adjacent to Trunk Highway No. 35W from West 76th Street to West 66th Street within the corporate City limits in accordance with State plans, specifications and/or special provisions designated as State. Project No. 2782-280 (T.H. 35W=392); and WHEREAS the State has requested participation by the City in the costs of the irrigation system construction; and WHEREAS the City agrees to participate in the irrigation system construction and associated construction engineering in a lump sum amount based on bid prices as hereinafter set forth;. and WHEREAS Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purpose of _~ constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE STATE Section A. Contract Award The State shall advertise for bids and award a construction contract to the lowest responsible bidder for State Project No. 2782-280 (T.H. 35W=392). in accordance with State plans, specifications and/or special provisions which are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and are made a part hereof by reference with the same force and effect as though fully set forth herein. Section B. Direction-and Supervision of Construction The State shall direct and supervise all construction activities performed under the construction contract, and perform all 2 82745 construction engineering and inspection functions in connection with the contract construction. All contract construction shall be performed in compliance with the approved plans, specifications and/or special provisions. Section C Plan Changes Additional Construction, Etc. The State shall make changes in the plans and/or contract construction and enter into any necessary addenda, change orders and/or supplemental agreements with the State's contractor which are necessary to cause the contract construction to be performed and completed in a satisfactory manner. However, the State's Metropolitan Division Engineer at Roseville or his authorized representative will inform the appropriate City official of any proposed addenda, change orders and/or supplemental agreements to the construction contract. ~` ~ Section D. Satisfactory Completion of Contract ` The State shall perform all other acts and functions necessary to cause the construction. contract to be completed in a satisfactory manner. Acceptance by the State of the completed contract construction shall be final,. binding and conclusive upon the City as to the satisfactory completion of the contract construction. ARTICLE II - INSPECTION BY THE CITY The contract construction shall be open to inspection by the City. If the City believes the contract construction has not been properly performed or that the construction is defective, the City shall inform the State Division Engineer's authorized representative in writing of those defects.. Any recommendations made by the City are not binding on the State. The State shall have the exclusive right to determine whether the contract construction has been satisfactorily performed by the State's contractor. 3 82745 ARTICLE III - BASIS OF PAYMENT BY THE CITY Section A. City Cost Participation Construction 100 Percent shall be the City's cost participation in the contract construction bid item "2504.601, IRRIGATION SYSTEM" as described and tabulated in the contract construction plan. Section B. Construction Engineering Costs The City shall pay a construction engineering charge in an amount equal to 8 percent of the total cost of the City participation construction covered under this agreement. ARTICLE III - PAYMENT BY THE CITY It is estimated that the. City's share of the irrigation system contract construction costs plus the construction engineering .costs is the sum of _$26,187.84. Upon the award of the construction contract the State shall revised the City's .participation cost-based on construction contract unit price. After the following conditions have been met, the City shall advance to the Commissioner of Transportation the City's revised total lump sum irrigation system construction cost: A. Execution and approval of this Agreement and the .State's transmittal of same to the City. B. Award of the construction contract for the construction to be performed hereunder. C. Receipt by the City of a written request from the State for the advancement of funds. n 4 82745 ARTICLE IV - GENERAL PROVISIONS Section A. Maintenance by the City Upon satisfactory completion of the irrigation system construction to be performed within the corporate City limits under the construction contract, the City shall. provide for the proper maintenance and repair of the irrigation system and all of the facilities a part thereof, without cost or expense to the State. Maintenance required shall be all activities necessary to perpetuate the irrigation system in a safe and usable condition. After .the 2-year plant establishment period which is provided for in the construction contract, the City shall perform all of the maintenance of the associated planting beds, without cost or expense to the State.. Such maintenance shall include, but not be limited to, debris removal, pruning, weeding, mulching, watering and replacement of diseased or dead plants and any other maintenance ~ necessary to perpetuate the life of the landscaping materials. The City shall also provide the necessary electrical energy and water supply for the maintenance operation, without cost or expense to the State. Section B. Examination of Books, Records, Etc. As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of the State and the City relevant to this Agreement are subject to examination by the State and the City, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from final payment. Section C. Claims Each party is responsible for its own employees for any claims arising. under the Workers Compensation Act. Each party is responsible for its own acts, omissions and the results thereof to 5 82745 the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Liability of the State is governed by Minnesota Statutes Section 3.736 and other applicable law. Liability of the City is governed by Minnesota Statutes chapter 466 and other applicable law. Section D. Agreement A~,vroval Before this Agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State and City officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. ARTICLE V - AUTHORIZED AGENTS The State's Authorized Agent for the purpose of the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, St. Paul,. .Minnesota 55155, (651) 296-0969. The City's Authorized Agent for the purpose of°the administration of this Agreement is George L. Atkinson, Engineering Supervisor, or his successor. His current address and phone number. are 6700 Portland Avenue South, Richfield, Minnesota 55423-2599 (612) 861-9191. n 6 82745 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. CITY OF RICHFIELD DEPARTMENT OF TRANSPORTATION Recommended for approval: By Mayor BY District Engineer Date Approved: By State Design Engineer By Date Title OFFICE OF THE ATTORNEY GENERAL Date Approved as to form and execution: OMMI SIONER OF ADMINISTRATION By delegated to Materials Management Division Date By Date 00000000000000000000000000000000000000000000000 This Agreement was acknowledged before me this day of ,.:'2002, by and (Name) (Name) the Mayor and of the City of Richfield. (Title) a Notary Public g,;• My Commission Expires ~`~`'~ 7 ~~~ AGENDA SECTION: Proposed Ordinance AGENDA ITEM # 7 REPORT # 38 STAFF REPORT CITY COUNCIL MEETING FEBRUARY 12, 2002 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIlZECTOR NAME, TITLE REPORT PRESENTER: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ~~ ~ ~~~ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of a transitory ordinance authorizing the planning, design and execution of Phase Two of the Outdoor Pool Renovation Project and scheduling the public hearin and second readin for March 12, 2002. I. RECOMMENDED ACTION: By Motion: Approve first reading of the attached transitory ordinance authorizing the planning, design and execution of Phase Two of the Outdoor Pool Renovation Project with an estimated project cost of $1,549,861 and schedule a public hearing and second reading for March 12, 2002. II. BACKGROUND The Richfield Outdoor Pool suffered two closures this past season due to leaks in the perimeter re-circulation system caused by aged, corroded pipes. Staff has determined that the pool can no longer serve customers reliably until permanent repairs of the re- circulation system and replacement of the main pool re-circulation pump is executed. In response to the critical condition of the re-circulation system, the City Council has directed the Outdoor Pool Task Force and the Community Services Commission to develop a preliminary plan and cost estimates to renovate the pool. Gremmer and 0212 pool phase two Associates was selected to assist with the preliminary plan as consulting engineer. After working closely with City staff, the Outdoor Pool Task Force and the Community Services Commission, Gremmer and Associates have completed preliminary plans for the Outdoor Pool Renovation Project. At a special meeting on November 29, the Community Services Commission made some suggestions and voted unanimously to recommend approval of these preliminary project plans. The preliminary plan is divided into three parts: Phase One, Phase Two and Future Spray Pool. Phase One includes the following: 1. Main Pool • Replace re-circulation pipes. • Replace main pool re-circulation pump. • Replace gutter system. • Sandblast, paint and caulk pool surfaces. • Construct a handicapped ramp to comply with ADA. 2. Adventure Pool (definition: a shallow wading pool with state-of--the-art play equipment, similar to playground equipment but designed for water play). • Replace existing wading pool (2,200 square feet) with a new 4,500 square-foot adventure pool. Adventure pool to comply with ADA and State codes. • Install water play equipment in the adventure pool. • Construct separate mechanical system for the adventure pool. Phase Two includes the following; •: Replace existing bathhouse (4,000 square-foot) with new, 6,510 square-foot bathhouse. New bathhouse to comply with ADA and State codes. • .Relocate pool mechanical to bathhouse. • Replace main pool filter with new sand filters. • Redesign front driveway for handicapped parking and drop-off area. • Replace perimeter fence. Future Spray Pool includes the following; • Construct a 1,300 square-foot, zero-depth spray pool. with separate mechanical and water spray features. The Adventure Pool was included in Phase One along with main pool repairs for several reasons. First, the current wading pool shares a filtration system with the main pool. State codes require a separate filtration system for each. pool container. Second, it is desirable have something new and exciting to attract customers after closing the pool for construction. The Outdoor Pool Task Force determined that a larger percentage of pool users are attracted to shallow-water amenities. Lastly, staff has identified a funding source to cover both the costs of main pool repairs and a new adventure pool at this time. The construction of Phase One and Phase Two would require the pool to be closed down for one season. If approved, staff would proceed with plans, specifications, and bidding documents. Phase One and Phase Two would be completed in time to open in the summer of year 2003. At their January 15 regular meeting, the Community Services Commission considered recommending approval of a transitory ordinance authorizing the Outdoor Pool Renovation Project. III. BASIS OF RECOMMENDATION A. POLICY • Pursuant to Section 8.04 of the City Charter, the project will require approval of a transitory ordinance because the estimated project cost exceeds $500,000. B. CRITICAL ISSUES ^ .The Outdoor Pool cannot serve customers reliably until permanent repairs to the perimeter re-circulation system and replacement of the main pool re-circulation pump are executed. ^ The Outdoor Pool currently does not comply with State codes and ADA. ^ The aged and outdated condition of the Outdoor Pool is a contributing factor to an ongoing operation budget deficit. ^ The Outdoor Pool remains an integral part of Richfield's character and ~~ appeal, receiving over 40,000 visits from customers last season. t~J Combining the construction of Phase One and Phase Two will be less .costly than carrying out the phases on separate timetables. ^ If a renovation is desired, approval of the transitory ordinance must be made at this meeting to meet construction timetables for this year. C. FINANCIAL • The estimated costs for each pool phase follows: Construction Design Total Phase One $ 765,478 $ 55,053 $ 820,531 Phase Two $1,445,735 104 126 $1,549,861 Total Costs $2,211,213 $159,179 $2,370,392 Future $ 157,306 $ 11,186 $ 168,492 Spray Pool Funding sources for each pool phase includes: 1) Condemnation proceeds of Rich. Acres and New Ford Town Parks will cover funds needed for-Phase One. 2) A Future Spray Pool is desired to help retain customers after five years of renovated pool operation, pending the availability of funds. 3) An internal loan from the Recreation Fund, with annual payments for five consecutive years from future proceeds. of the liquor stores, will fund Phase Two (see loan schedule below). Special Revenue Funds can be offset by fundraising efforts. The Outdoor Pool Task Force intends on putting forth an effort to launch a successful fundraising campaign. ~~1 ~~~ . .: Condemnation $850,000 Recreation Fund $1,520,392 Total $2,370,392 .- • ~ ~ rincipal % Interest ayment Loan Balance Recreation Fund -Balance Startin Balance $1,520,392 $2,180,000 7/1/03 $304,443 $60,816 $365,259 $1,215,949 .$1,024,867 7/1/04 $304,443 $48,638 $353,081 $911,506 $1,377,948 7/1/05 $304,443 $36,460 $340,903 $607,063 $1,718,851 7/1/06 $304,443 $24,283 $328,726 $302,620 $2,047,576 7/1/07 $302,620 $12,105 $314,725 $2,362,301 TOTAL $1,520,392 $182,301 $1,702,693 A conservative forecast of attendance, revenues and expenses after the completion of Phase One and Phase Two are highlighted in the attached materials, along with financial comparisons of neighboring pools with recent renovations. A summary of estimates for the Richfield project follows: Before After Renovation Renovation Pool attendance .40,560 59,750 Revenues $215,134 $300,453 Expenses, less depreciation. 233 183 279 984 Profit (Loss) ($18,048) $ 20,469 Proposed Pool Fees: Although proposed pool fees have not been approved, the following fees were assumed in the above forecasts: Before After Renovation Renovation Daily Regular > 42" $6.00 < 42" $3.50 Daily Evening > 42" $4.50 < 42" $3.00 Season Passes Resident $26.00 Non-resident $29.00 Daily Regular Daily Evening $6.50 $5.00 Season Passes Resident $30.00 Non-resident $40.00 D. LEGAL • Pursuant to Section 8.04 of the City Charter, the project will require approval of a transitory ordinance because the estimated project cost exceeds $500,000. IV. ALTERNATIVE RECOMMENDATION~S~ • None V. ATTACHMENTS • Proposed Transitory Ordinance -Phase Two • Please refer to the other Council report related to the Outdoor Pool for supporting materials. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Members of the Outdoor Pool Taskforce Jody Dahms and Tim Gremmer, Gremmer and Associates BILL NO. Transitory Ordinance No. ~- AN ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT FOR PHASE TWO OF THE RENOVATION OF THE RICHFIELD OUTDOOR POOL, PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings. 1.01. Section 8.04 of the Richfield City Charter requires that any capital improvement on City- owned property that has an estimated cost exceeding $500,000.00 or expenditures for design or engineering costs exceeding $75,000.00 must be approved by ordinance after a public hearing. 1.02. It is proposed that the City Council approve a capital improvement project at the Richfield Outdoor Pool, 630 East 66th Street, which is City owned property. 1.03. The capital improvement project consists of the design, engineering and construction of improvements to the existing pool (the "Outdoor Pool Renovation Project"). 1.04. On October 8, 2001, the City Council previously approved a contract for preliminary architectural, design and engineering planning services for outdoor pool improvements in the amount of $5,000. The estimated construction cost for Phase Two of the capital .improvement, excluding design, engineering and construction management costs, is $1,445,735. Design, engineering and construction management costs for Phase Two is $104,126. The preliminary estimates for total construction cost of Phase Two is $1,549,861. ~~ 1.05. A public hearing was held on March 12, 2002, after due notice as required by Section 8.05 of the Richfield City Charter. 1.06. The Council finds and determines that it is in the best interests of the City and its inhabitants that Phase Two of the Outdoor Pool Renovation Project be approved. Section 2. Approval; effective date. 2.01. Phase Two of the Outdoor Pool Renovation Project is approved, and planning, design and construction of Phase Two of the Outdoor Pool Renovation Project may proceed according to the procedures required by law. 2.02. The purpose of this Ordinance is to comply with the requirements of Section 8.04 of the Richfield City Charter. This Ordinance shall not be construed to require that the City proceed with the Outdoor Pool Renovation Project; nor does it vest any rights in the Outdoor Pool Renovation Project to any individual or entity. The City Council reserves the right to abandon the Outdoor Pool Renovation Project or to modify elements of the Outdoor Pool Renovation Project, if the Council deems abandonment or modification to be in the public interest. 2.03. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Adopted by the City of Richfield this 12th day of March 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: PUBLIC HEARING AGENDA ITEM # REPORT # 3 STAFF REPORT CITY COUNCIL MEETING FEBRUARY 12, 2002 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE REPORT PRESENTER: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and consideration of second reading of the attached transitory ordinance authorizing the planning, design and execution of Phase. One of the Outdoor Pool Renovation Pro'ect. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached transitory ordinance authorizing the planning, design and execution of Phase One of the Outdoor Pool. Renovation Project with an estimated aroiect cost of $820,531. II. BACKGROUND The Richfield Outdoor Pool suffered two closures this past season due to leaks in the perimeter re-circulation system caused by aged, corroded pipes. Staff has determined that the pool can no longer serve customers reliably until permanent repairs of the re- circulation system and replacement of the main pool re-circulation pump is executed. In response to the critical condition of the re-circulation system, the City Council has directed the Outdoor Pool Task Force and the Community Services Commission to develop a preliminary plan and cost estimates to renovate the pool. Gremmer and Associates was selected to assist with the preliminary plan as consulting engineer. 0212 pool After working closely with City staff, the Outdoor Pool Task Force and the Community Services Commission, Gremmer and Associates have completed preliminary plans for the Outdoor Pool Renovation Project. At a special meeting on November 29, the ~~ Community Services Commission made some suggestions and voted unanimously to recommend approval of these preliminary project plans. The preliminary plan is divided into three parts: Phase One, Phase Two and Future Spray Pool. Phase One includes the following: 1. Main Pool • Replace re-circulation pipes. • Replace main pool re-circulation pump. • Replace gutter system. • Sandblast, paint and caulk pool surfaces. • Construct a handicapped ramp to comply with ADA. 2. Adventure Pool (definition: a shallow wading pool with state-of--the-art play equipment, similar to playground equipment but designed for water play). • Replace existing wading pool (2,200 square feet) with a new 4,500 square-foot adventure pool. Adventure pool to comply with ADA and State codes. • Install water play equipment in the adventure pool. • Construct separate mechanical system for the adventure pool. Phase Two includes the following: • Replace existing bathhouse (4,000 square-foot) with new, 6,510 square-foot bathhouse. New bathhouse to comply with ADA and State codes. • Relocate pool mechanical to bathhouse. • Replace main pool filter with new sand filters. • Redesign front driveway for handicapped parking and drop-off area. • Replace perimeter fence. Future Spray Pool includes the following: • Construct a 1,300 square-foot, zero-depth spray pool with separate mechanical and water spray features. The Adventure Pool was included in Phase One along with main pool repairs for several reasons. First, the current wading pool shares a filtration system with the main pool. State codes require a separate filtration system for each pool container. Second, it is desirable have something new and exciting to attract customers after closing the pool for construction. The Outdoor Pool Task Force determined that a larger percentage of pool users are attracted to shallow-water amenities. Lastly, staff has identified a funding source to cover both the costs of main pool repairs and a new adventure pool at this time. The construction of Phase One would require the pool to be closed down for one season. If approved, staff would proceed with plans, specifications, and bidding documents. Phase One would be completed in time to open in the summer of year 2003. At their January 15 regular meeting, the Community Services Commission considered recommending approval of a transitory ordinance authorizing the Outdoor Pool Renovation Project. III. BASIS OF RECOMMENDATION A. POLICY • Pursuant to Section 8.04 of the City Charter, the project will require approval of a transitory ordinance because the estimated project cost exceeds $500,000. • The City Council held a first reading of this ordinance on January 8, 2002 and scheduled the public hearing and second reading for February 12, 2002. B. CRITICAL ISSUES ^ The Outdoor Pool cannot serve customers reliably until permanent repairs to the perimeter re-circulation system and replacement of the main pool re-circulation pump are executed. ^ The Outdoor Pool currently does not comply with State codes and ADA. ^ The aged and outdated condition of the Outdoor Pool is a contributing factor to an ongoing operation budget deficit. ^ The Outdoor Pool remains an integral part of Richfield's character and ~~ appeal, receiving over 40,000 visits from customers last season. ^ A decision must be reached to complete the construction of Phase One and Phase Two separately, or combining Phase One and Phase Two into one. construction period. ^ If a renovation is desired, approval of the transitory ordinance must be made at this meeting to meet construction timetables for this year. C. FINANCIAL • The estimated costs for each pool phase follows: Construction Design Total Phase One $ 765,478 $ 55,053 $ 820,531 Phase Two $1,445.735 104 126 $1,549,861 Total Costs $2,211,213 $159,179. $2,370,392 Future $ 157,306 $ 11,186 $ 168,492 Spray Pool ^ Funding sources for each pool phase includes: 1) Condemnation proceeds of Rich Acres and New Ford Town Parks will cover funds needed for Phase One. 2) A Future Spray Pool is desired to help retain customers after five years of renovated pool operation, pending the availability of funds. 3) An internal loan from the Recreation Fund, with annual payments for five consecutive years from future proceeds of the liquor stores, will fund Phase Two (see loan schedule below). Special Revenue Funds can be offset by fundraising efforts. The Outdoor Pool Task Force intends on putting forth an effort to launch a successful fundraising ~~ campaign. .: Condemnation $850,000 Recreation Fund $1,520,392 Total $2,370,392 .- • ~ ~ rincipal % Interest ayment Loan Balance Recreation Fund Balance Startin Balance $1,520,392 $2,180,000 7/1/03 $304,443 $60,816 $365,259 $1,215,949 $1,024,867 7/1/04 $304,443 $48,638 $353,081 $911,506 $1,377,948 7/1/05 $304,443 $36,460 $340,903 $607,063 $1,718,851 7/1/06 $304,443 $24 283 $328,726 $302,620 $2,047,576 7/1/07 $302,620 $12,105 $314,725 $2,362,301 TOTAL $1,520,392 $182,301 $1,702,693 A conservative forecast of attendance, revenues and expenses after the completion of Phase One and Phase Two are highlighted in the attached materials, along with financial comparisons of neighboring pools with recent renovations. A summary of estimates for the Richfield project follows: Before After Renovation Renovation Pool attendance 40,560 59,750 Revenues .$215,134 $300,453 Expenses, less depreciation 233 183 279 984 Profit (Loss) ($ 18,048) $ 20,469 Proposed Pool Fees: Although proposed pool fees have not been approved, the following fees were assumed in the above forecasts: Before After Renovation Renovation Daily Regular Daily Regular $6.50 > 42" $6.00 < 42" $3.50 Daily Evening > 42" $4.50 < 42" $3.00 Season. Passes Resident $26.00 Non-resident $29.00 Daily Evening $5.00 Season Passes Resident $30.00 Non-resident $40.00 D. LEGAL • Pursuant to Section 8.04 of the City Charter, the project will require approval of a transitory ordinance because the estimated project cost exceeds $500,000. IV. ALTERNATIVE RECOMMENDATION(S) • Defer action indefinitely. • Defer action to a time specific. V. ATTACI-IMENTS • Proposed Transitory Ordinance -Phase One • Preliminary Plan Sketches • Project Cost Estimates • Estimated Operating Budget • 2002 Proposed Area Pool Fees Chart. • Operating budget summaries of neighboring pools that have recently undergone improvements • Charts of neighboring pool budgets (expenditures and revenue) before and after renovation. • Descriptions of area outdoor pool renovation projects • Richfield Pool Attendance Chart ~~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Members of the Outdoor Pool Taskforce Jody Dahms and Tim Gremmer, Gremmer and Associates n BILL NO. Transitory Ordinance No. AN ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT FOR PHASE ONE OF THE RENOVATION OF THE RICHFIELD OUTDOOR POOL, PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings. 1.01. Section 8.04 of the Richfield City Charter requires that any capital improvement on City- owned property that has an estimated cost exceeding $500,000.00 or expenditures for design or engineering costs exceeding $75,000.00 must be approved by ordinance after a public hearing. 1.02. It is proposed that the City Council approve a capital improvement project at the Richfield Outdoor Pool, 630 East 66th Street, which is City owned property. 1.03. The capital improvement project consists of the design, engineering and construction of improvements to the existing pool (the "Outdoor Pool Renovation Project"). 1.04. On October 8, 2001, the City Council previously approved a contract for preliminary architectural, design and engineering planning services for outdoor pool improvements in the amount of $5,000. The estimated construction cost for Phase One of the capital improvement, excluding design, engineering and construction management costs, is $765,478. Design, engineering and construction management costs for Phase One is $55,053. The preliminary estimates for total construction cost of Phase One is $820,531. 1.05. A public hearing was held on February 12, 2002, after due notice as required by Section 8.05 of the Richfield City Charter. 1.06. The Council finds and determines that it is in the best interests of the City and its inhabitants that Phase One of the Outdoor Pool Renovation Project be approved. Section 2. Approval; effective date. 2.01. Phase One of the Outdoor Pool Renovation Project is approved, and planning, design and construction of Phase One of the Outdoor Pool Renovation Project may proceed according to the procedures required by law. 2.02. The purpose of this Ordinance is to comply with the requirements of Section 8.04 of the Richfield City Charter.. This Ordinance shall not be construed to require that the City proceed with the Outdoor Pool Renovation Project; nor does it vest any rights in the Outdoor Pool Renovation Project to any individual or entity. The City Council reserves the right to abandon the Outdoor Pool Renovation Project or to modify elements of the Outdoor Pool Renovation Project, if the Council deems abandonment or modification to be in the public interest. 2.03. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Adopted by the City of Richfield this 12th day of February 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk o ~~~ ~ o ~°- ~ ~ ~a~ ~ ~ ~~ ~ z~~ ~o ~ ~~§~~~~~ ,~ ~11 ~ ~ I < r ~~I Q N ~ ~ ~ ~it~ a~, V U ~ U Q 0 ~ n" ~ w J _I W ~ ~ ~ ~ U Z 2 W U ~ ( ~ J Ur ~ Q Z J ' (n W W Q ~ ~ 2 Z fn 0- U _ z o ~o LL a- LL~- e ~~ ~ `~ ~ ~ ~ O Q• ~~~ ~ ~~ ~~a ~ ~~ lU ~N o ~~ ~uW~IU p ~~~ Q ~ ~ '~ ~~ ~ ~~ ~ ~ ~~ ° ~~ ao d~~~ (~ ql......... ~~ )~ ~~ ~~ RICHFIELD, MINNESOTA ~~ RENOVATION OF RICHFIELD MUNICIPAL POOL COST ESTIMATE-ALTERNATE #4 PREPARED BY TIM GREMMER OF GREMMER ~ ASSOCIATES -NOVEMBER 29, 2001 FOR BID OPENING NO LATER THAN MAY 2002 EXISTING 50 METER POOL AREA = 13,895 PROPOSED ADVENTURE POOL AREA = 4,500 SQUARE FEET FUTURE SPRAY POOL AREA = 1,300 SQUARE FEET TOTAL PATRON CAPACITY ALL POOLS = 1,164 PATRONS .P 1.1 GENERAL CONDITIONSIBOND/MOBILIZATION Q BOND @ 1.5% LS 10,200 GENERAL CONDITIONS @ 4.0% LS $ 27,200 MOBILIZATION @ 2% LS $ 13,600 $ 680,000.00 TOTAL $ 51,000 1.2 SITE WORK SAWCUT CONCRETE DECK LF 575 $ 2.00 $ 1,150 DEMOLISH EXISTING DECK LS 7,145 $ 1.25 $ 8,931 EXCAVATION CY 2,550 $ 6.00 $ 15,300 SITE ELECTRICAL SF 13,895 $ 0.75 ~ $ 10,421 SITE MECHANICAL SF 13,895 $ 0.75 $ 10,421 MASTER MANHOLE LS 1 $ 10,000.00 $ 10,000 12 INCH DIAMETER STORM SEWER LF 100 $ 25.00 $ 2,500 CONCRETE DECK AND DECK DRAINS SF 14,819 $ 5.00 $ 74,095 REMOVE TAR FROM JOINTS, SANDBLAST DECK LS 1 $ 4,000.00 $ 4,000 STONE FILL TN 2,000 $ 12.00 $ 24,000 SITE ELECTRICAL -ADVENTURE POOL LS 1 $ 10,000.00 $ 10,000 SITE MECHANICAL -ADVENTURE POOL LS 1 $ 10,000.00 $ 10,000 TOPSOIL SY 1,200 $ 1.50 $ 1,800 SOD SY 1,200 $ 2.00 $ .2,400 TOTAL $ 185,019 WORK ITEM UNITS QUAN. PRICE TOTAL 1.3 SWIMMING POOL POOL PERIMETER PIPING LF 1,300 $ 20.00 $ 26,000 CORE OPENINGS EA 50 $ 200.00 $ 10,000 GUTTER GRATING LF 580 $ 35.00 $ 20,300 SEAL GUTTER LF 580 $ 5.00 $ 2,900 WATERSLIDE SUCTION CHAMBER LS 1 $ 3,000.00 $ 3,000 SANDBLAST, CAULK AND PAINT POOL SF 16,154 $ 4.50 $ 72,693 REPLACE POOL RECIRCULATION PUMP LS 1 $ 15,000.00 $ 15,000 HANDICAP RAMP LS 1 $ 15,000.00 $ 15,000 TOTAL $ 164,893 1.4 ADVENTURE POOL ADVENTURE POOL PLAY STRUCTURE MATERIALS LS 1 $ 125,000.00 $ 125,000 INSTALLATION LS 1 $ 30,000.00 $ 30,000 ADVENTURE POOL SF 4,500 $ 12.00 $ 54,000 ADVENTURE POOL GUTTER LF 270 $ 50.00 $ 13,500 PAINT SPRAY POOL SF 4,500 $ 2.50 $ 11,250 POOL WATER TREATMENT SYSTEM AND PIPING SF 4,50.0 $ 9.00 $ 40,500 SURGE TANK LS 1 $ 5,000.00 $ 5,000 POOL WATER HEATER LS 1 $ 8,000.00 $ 8,000 TOTAL $ 287,250 TOTAL ITEMS 1.1 THROUGH 1.4 $ 688,162 1.5 PROFESSIONAL FEES AND MISCELLANEOUS CITY COSTS LS PRINTING OF CONTRACT DOCUMENTS FOR BIDDING LS $ 2,000 GOVERNMENT REVIEW FEES LS $ 1,000 SOILS AND MATERIALS TESTING LS $ 5,500 PROFESSIONAL SERVICE FEES @ 8.0% LS $ 55,053 CONTINGENCY @ 10% LS $ 68,816 TOTAL $ 132,369 TOTAL PHASE 1 F -,. .. `- > $_ . 820,53'1,_ ,~. <. PHASE 2 UPGRADE 50;METER PQOL' NEW BATHHOUSE -~ 2.1 GENERAL CONDITIONS/BOND/MOBILIZATION BOND @ 1.5% LS $ 18,000 GENERAL CONDITIONS @ 4.0% LS $ 48,000 , MOBILIZATION @ 0.5% LS $ 24,000 $ 1,200,000 TOTAL $ 90,000 2.2 SITE WORK SAWCUT EXISTING DECK LF 170 $ 2.00 $ 340 DEMOLISH EXISTING WADING POOL SF 2,021 $ 2.00 $ 4,041 DEMOLITION EXISTING DECK AND SIDEWALK SF 33,580 $ 1.25 $ 41,975 DEMOLISH EXISTING BATH HOUSE SF 4,050 $ 4.00 $ 16,200 PARTIALLY DEMOLISH ENTRANCE CURB LF 354 $ 3.00 $ 1,061 PARTIALLY DEMOLISH EXISTING BITUMINOUS SY 1,354 $ 2.50 $ 3,384 REMOVE EXISTING FENCE LF 2,064 $ 1.50 $ 3,096 FILL CY 1,000 $ 5.00 $ 5,000 EXCAVATION CY 1,000 $ 5.00 $ 5,000 ELECTRICAL SERVICE LS 1 $ 15,000.00 $ 15,000 GAS SERVICE LS 1 $ 10,000.00 $ 10,000 WATER BUILDING SERVICE LS 1 $ 5,000.00 $ 5,000 SANITARY BUILDING SERVICE LF 1 $ 5,000.00 $ 5,000 TELEPHONE LS 1 $ 5,000.00 $ 5,000 SITE ELECTRICAL LS ;1 $ 15,000.00 $ 15,000 SITE MECHANICAL" SF 1 $ 1.5,000.00 $ 15,000 CONCRETE CURB AND GUTTER LF 289 $ 12.00 $ 3,463 CRUSHED AGGREGATE BASE COURSE TN 115 $ 13.00 $ 1,495 BITUMINOUS CONCRETE TN 50 $ 45.00 $ 2,268 MARKING HANDICAP AREA LS 1 $ 500.00 $ 500 SIDEWALK SF 10,324 $ 4.50 $ 46,458 CONCRETE DECK AND DECK DRAINS SF 24,505 $ 5.00 $ 122,527 TOPSOIL SY 2,500 $ 1.50 $ 3,750 SOD SY 2,500 $ 2.00 $ 5,000 EXIT TURNSTILE EA '1 $ 3,000.00 $ 3,000 8'-0" VINYL COATED FENCE LF 1,195 $ 30.00 $ 35,844 ORNAMENTAL FENCE LF 165 $ 50.00 $ 8,225 TOTAL 2.3 BATHHOUSE $ 382,627 BATHHOUSE FIRST FLOOR ARCHITECTURAL SF 5,230 $ 75.00 $ 392,250 BASEMENT ROOM SF 1,280 $ 40.00 $ 51,200 BATHHOUSE MECHANICAL SF 6,510 $ 30.00 $ 195,300 BATHHOUSE ELECTRICAL SF 6,510 $ 20.00 $ 130,200 BATHHOUSE FURNISHINGS/LOCKERS LS 1 $ 35,000.00 $ 35,000 CONCESSION EQUIPMENT LS 1 $ 25,000.00 $ 25,000 TOTAL $ 828,950 TOTAL CONSTRUCTION ITEMS 2.1 THROUGH 2.3 $ 1,301,577 2.5 PROFESSIONAL FEES AND MISCELLANEOUS CITY COSTS LS PRINTING OF CONTRACT DOCUMENTS FOR BIDDING LS $ 2,500 GOVERNMENT REVIEW FEES LS $ 1,500 SOILS AND MATERIALS TESTING LS $ 10,000 PROFESSIONAL SERVICE FEES @ 8.0% LS $ 104,126 CONTINGENCY @ 10% - LS $ 130,158 TOTAL $ 248,284 ~.. _:-r ~~ a ~ -~ .. ,.._ ~ _ - -~-- ~. ~ ~ _' ' . TOTAL PHASE`2 - ~ - '~ .~~..._. ~. ~ ~. ~~1,~54~9861~~ .._,..._~~s._.~,___._s,.._~.___~.___..--_.___.~.~__..,~ - .~..___.~-- _ - .~ ~- ,, ~~t?TAL PHASE 1 AND 2 ~ ~ :~, - ~~ -` ~ $ ~2,`37Q392 - _ ~ _._ ~._______ ~ _u. _ _ ~-. v -- - -~--- .~.. ~..~_ ~._ ~r s. FUTURE. SPRAY. P4aL `- ~` ; -~. 3.1 GENERAL CONDITIONS/BOND/MOBILIZATION - -BOND @ 1.5% GENERAL CONDITIONS @ 4.0% n MOBILIZATION @ 0.5% ~% $ 3.2. SITE WORK LS $ 1,500 LS $ 4,000 LS $ 2,000 100,000.00 TOTAL $ 7,500 STONE FILL TN 500 $ - 12.00 $ 6,000 EXCAVATION CY 500 $ 6.00 $ 3,000 SITE ELECTRICAL SF 1,300 $ 3.00 $ 3,900 SITE MECHANICAL SF 1,300 $ 3.00 $ 3,900 CONCRETE DECK AND DECK DRAINS SF 3,623 $ 5.50 $ 19,924 TOPSOIL SY 300 $ ~ 1.50 $ 450 SOD SY 300 $ 2.00 $ 600 TOTAL 3.3 SPRAY POOL $ 37,774 SPRAY POOL PLAY STRUCTURE LS 1 $ 50,000.00 $ 50,000 SPRAY POOL SF 1,300 $ 12.00 $ 15,600 PAINT SPRAY POOL SF 1,300 $ 2.50 $ 3,250 POOL WATER TREATMENT/DISTRIBUTION SYSTEM LS 1,300 $ 9.00 $ 11;700 POOL HEATER EA 1 $ 4,000.00 $ 4,000 SURGE TANK LS 1 $ 5,000.00 $ 5,000 POOL WATER TREATMENT SYSTEM LS 1 $ 5,000.00 $ 5,000 TOTAL $ 94,550 TOTAL CONSTRUCTION ITEMS 3.1 THROUGH 3.3 $ 139,824 3.4 PROFESSIONAL FEES AND MISCELLANEOUS CITY COSTS LS 1 $ - PRINTING OF CONTRACT DOCUMENTS FOR BIDDING LS 1 $ 1,000.00 $ 1,000 GOVERNMENT REVIEW FEES LS 1 $ 500.00 $ 500 SOILS AND MATERIALS TESTING LS 1 $ 2,000.00 $ 2,000 PROFESSIONAL SERVICE FEES @ 8.0% LS 1 $ 11,186 CONTINGENCY @ 10% LS 1 $ 13,982 TOTAL $ 28,668 -•TOTAL FUTURE :SPRAY POOL ~ - . ~ , ~ • . $ 849Z-~ _ ~ TOTAL Pi~fASES 1,2sAND FUTURE SPRAY POO L ; ~ '2,53$;~84~: n Richfield Outdoor Pool Operating Budget Forecast REVENUE ~ ' ~~' ~ ~ ~' CHG FOR SER CHG FOR SER DAILY ADMISSIONS $65,060 $68,848 DAILY ADMISSIONS $127,150 Daytime rate, more than 42" 8400 @ $5.63 Daytime Rate 17,000 @ $6.10 Daytime rate, less than 42" 1200 @ $3.29 Evening Rate 5,000 @ $4.69 Evening rate, more than 42" 3000 @ $4.23 Evening rate, less than 42" 400 @ $2.82 SEASON PASS $57,480 $48,166 SEASON PASS $86,543 Single Season Ticket 180 @ $33.80 Resident 1,500 @ $28.17 Season Ticket 2 170 @ $56.34 Non-Resident 900 @ $37.56 Season Ticket 3 190 @ $74.18 Day Care 300 @ 28.17 Season Ticket 4 170 @ $92.02 Assistance Ticket 80 @ $12.68 Season Ticket 5 70 @ $107.98 Season Ticket 6+ 30 @ $125.82 Assistance Ticket 80 @ $9.39 GROUP DISCOUNT $9,730 $10,479 GROUP DISCOUNT $15,480 2,300 @ $4.23 3,000 @ $5.16 DAY CARE PASS $9,090 $8,954 DAY CARE PASS Included in $0 440 @ $21 season pass RENTAL - NO TAX $8,850 $9,809 RENTAL - NO TAX $18,650 Non-Prime Time 60 hr @ $50 Non-Prime Time 60 hr @ $65.00 Prime Time 90 hr @ $65 Prime Time 160 hr @ $80.00 ENTAL -TAX $3,100 $3,653 RENTAL -TAX $5,400 10 hr @ $50 30 hr @ $55 40 hr @ $65 60 hr @ $70 CONCESSIONS $27,500 $24,456 CONCESSIONS $32,000 LESSONS $12,720 $14,458 LESSONS $15,230 Red Cross 300 @ $32 Red Cross 350 @ $33 Pre-Beginner 80 @ $32 Pre-Beginner 30 @ $33 Waterbabies $0 Waterbabies 8 @ $33 Water Tots $0 Water Tots 8 @ $33 Private Instruction 40 @ $14 Private Instruction 40 @ $14 SALES TOTAL $0 $193,530 $188,823 SALES TOTAL $0 $300,453 OVER/SHORT $18 OVER/SHORT Other Ref/Re $0 Other Ref/Re MISC REV $1,293 MISC REV Cell Tower Revenue Operating Transfers In $0 $25,000 Operating Transfers In SALE OF PR SALE OF PR TOTAL 3780 $0 $26,311 TOTAL 3780 $0 TOTAL REVENUE $0 $793,530 $215,134 TOTAL $0 $300,453 c Richfield Outdoor Pool Operating Budget Forecast EXPENDITURES ~ ' ~~' ~ ~ ~- ERSONAL SERVICES PERSONAL SERVICES Seasonal employees $105,660 $96,932 Seasonal employees $142,260 1 Coordinator (0 hr) $0 1 Coordinator (370 hr) $5,850 3 Supervisors (1,400 hr) $15,780 3 Supervisors (1,050 hr) $13,810 28 Aquatic (7,200 hr) $65,590 28 Aquatic (10,000 hr) $88,000 10 Cash/Conc (1,440 hr) $10,840 12 Cash/Conc (2,500 hr) $20,300 6 Attendants (550 hr) $3,410 8 Attendants (600 hr) $3,700 1 Maintenance (630 hr) $7,230 1 Maintenance (750 hr) $7,700 1 Clerk (270 hr) $2,810 1 Clerk (270 hr) $2,900 Overtime $0 $1,513 Overtime $0 FICA $6,550 $6,104 FICA $8,820 Medicare $1,530 $1,427 Medicare $2,034 Employee PERA $0 $0 Employee PERA $0 Worker's Comp. $5,890 $5,401 Worker's Comp. $6,200 Interdepart.labor $30,080 $25,132 Interdepart.labor $31,380 Ice Arena-4840 $25,150 Ice Arena-4840 $26,450 Govt Bldg-4250 $4,370 Govt Bldg-4250 $4,370 Water Mtc-4836 $120 Water Mtc-4836 $120 Park Mtc-4751 $320 Park Mtc-4751 $320 Street Mtc-4220 $120 Street Mto-4220 $120 PERSONAL SERVICES TOTAL $149,710 $136,509 PERSONAL SERVICES TOTAL $190,694 OTHER SERVICES &CHG OTHER SERVICES &CHG Professional Service $1,750 $2,516 Professional Service $2,000 Plumbing $650 Plumbing $500 Printing $450 Printing $500 Electrical $650 Electrical $500 Painting $0 Painting $500 Rents & leases $920 $740 Rents & leases $g70 Tools $120 Tools $120 Inst. Equipment $110 Inst. Equipment $110 Videos $50 Videos $0 Controller $640 Controller $640 Date Process Rental $1,090 $1,034 Date Process Rental $1,230 Fixed Rental $1,330 $0 Fixed Rental $0 Lawn Mower Lawn Mower Equip. Rent-Operatio $760 $76 Equip. Rent-Operatio $p Maintenance & repair $1,890 $0 Maintenance & repair $1,850 Office Equipment $120 Office Equipment $100 Concession Equip. $170 Concession Equip. $200 Motors/Pump $550 Motors/Pump $600 Electrical $300 Electrical $200 Plumbing $500 Plumbing $500 Irrigation $250 Irrigation $250 Waterslide $0 Waterslide $0 Utility services $28,050 $24,275 Utility services $35,500 Gas $9,050 Gas $14,000 NSP $8,900 NSP $9,000 Water/Sewer $10,100 Water/Sewer $12, 500 Advertis. &Publictn $2,550 $2,896 Advertis. &Publictn $3,450 Ads & Flyers $2,100 Ads & Flyers $2,700 Inst. Books $50 Inst. Books $50 Brochure $400 Brochure $700 Richfield Outdoor Pool Operating Budget Forecast r EXPENDITURES ~ ' ~•' ~ ~ •' ' Communication $1,490 $1,455 Communication $3,130 Office Phone $1,260 Office Phone $1,550 Pay Phone $200 Pay Phone $0 Long Distance $30 Long Distance $30 E36Chemical Monitor $1,550 Travel-confer-school $750 $425 Travel-confer-school $750 Mileage $200 Mileage $200 Seminar $350 Seminar $350 CPO $200 CPO $200 Membership Sub. $210 $0 Membership Sub. $170 NPRA $70 NPRA $70 MRPA $90 MRPA $100 Magazine $50 Magazine $0 Insurance & bonds $4,500 $3,547 Insurance & bonds $4,500 Property liability $900 $900 Property liability $900 Licenses $180 $0 Licenses $250 Conc, pool Conc, pool Contracts $810 $447 Contracts $960 Red Crass $450 Red Cross $600 SKB Environmental $150 SKB Environmental $150 Alarm $210 Alarm $210 Office supplies $200 $160 Office supplies $400 Paper, pens, pencils Paper, pens, pencils Copying charges $80 $0 Copying charges $80 Postage $500: $963 Postage $700 Clothing $1,900 $1,348 Clothing $1,200 Swim Suits $950 Swim Suits $1,000 Sweat Shirts $500 Sweat Shirts $0 T-Shirts $450 T-Shirts $50 Lettering $0 Lettering $150 Parts and Tools $200 $0 Parts and Tools $0 Hdwe, hand/power tools Hdwe, hand/power tools Maint & Cont. Materi $1,070 $0 Maint & Cont. Materi $1,070 Sprinkler System $150 Sprinkler System $150 Treated Lumber $100 Treated Lumber $100 Valves & Motors $500 Valves & Motors $500 Plumbing/Pipes $220 Plumbing/Pipes $220 Caulk/Patch $100 Caulk/Patch $100 Chemicals $7,720 $4,877 Chemicals $7,000 Caustic $4,900 Caustic $3,900 Chlorine $2,600 Chlorine $2,600 Muriatic Acid $100 Muriatic Acid $100 Sodium Bicarbonate $0 Sodium Bicarbonate $400 General Supplies $5,430 $20,056 General supplies $7,180 Signs $100 Signs $100 Safety Products $400 Safety Products $500 Kickboards $100 Kickboards $100 Teaching Equipment $250 Teaching Equipment $250 Paint & Paint Supplies $1,800 Paint & Paint Supplies $200 Paper Products $330 Paper Products $330 L.G. Equipment $250 L.G. Equipment $250 Garbage Containers $50 Garbage Containers $50 Richfield Outdoor Pool Operating Budget Forecast r EXPENDITURES ~ '~~' ~ ~ •' General Supplies (continued) Electrical Supplies $300 Electrical Supplies $300 Plumbing $500 Plumbing $500 Patches $250 Patches $250 Ropes/Floats $150 Ropes/Floats $150 Concession Equip. $200 Concession Equip. $200 Cleaning Supplies $750 Cleaning Supplies $1,000 Deck Chairs $0 Deck Chairs $2,000 Tables $0 Tables $1,000 Other Charges $0 $124 Other Charges $100 CHARGES 8~ SERVICES TOTAL $64,280 $65,839 CHARGES & SERVICES TOTAL $73,290 Pur Resale $13,500 $13,297 Pur Resale $16,000 PURCHASE FOR RESALE TOTAL $13,500 $73,297 PURCHASE FOR RESALE TOTAL $16,000 CAPITAL OUTLAY CAPITAL OUTLAY Other equipment $10,000 $0 Other equipment $0 Lounge Chairs $5,000 Lounge Chairs $0 Umbrellas $5,000 Umbrellas $0 Other Improvements $0 $17,538 Other Improvements $0 CAPITAL OUTLAY TOTAL $10,000 $17,538 CAPITAL OUTLAY TOTAL $0 IR Fund $0 $0 PIR Fund $0 PIR TOTAL $0 $0 PIR TOTAL $0 $0 TOTAL EXPENSES $237,490 $233,183 TOTAL EXPENSES $279,984 Personal Services $149,710 $136,509 Personal Services $190,694 Other Charges and Services $64,280 $65,839 Other Charges and Services $73,290 Supplies $13,500 $13,297 Supplies $16,000 Capital Outlay $10,000 $17,538 CapifalOutlay $0 Transfers Out $0 $0 Transfers Out $0 TOTAL EXPENDITURES $0 $237,490 $233,183 TOTAL EXPENDITURES $0 $279,984 TOTAL REVENUE $0 $193,530 $215,134 TOTAL REVENUE $0 $300,453 DIFFERENCE $0 ($43,960) ($18,048) DIFFERENCE $0 $20,469 n 7; O a L a L o~ N Q O a N O O N n ~ ~ a~ ca ~ 'c `~ W O ~ I` ~ O ~' 'd' d' EA Ef} EA Ef? 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O U m .~ Y L a .~ c~ o c ~ w cn 0 0 ~ 0 0 0 ~ Q ~ ~ ~ Q f~ (fl ~ ct M N ~- 69 b9 d9 EA d4 69 ff} L L M L N (0 r L ++ 0 ~ M~ W ~ 0 Q N~ L.L L R d saelloa L a .~ c J ~: w cyn T L Q~ L Q~ n M L N L r L O N ~L O L ~_~ ^~ W V~ W _~ ~ M~ W Q C L Q Q x w E~ O O O O O O O O O O O O O O O O O O ~ M O N O to O ~ '7 !f~ EA EA 69 b4 EA EA EA ~ '~ n Comparisons Between ® Area Outdoor Pool Renovation Projects The following pages indicate the effects of a pool renovation on the facility's operating and revenue budgets. The Cities of St. Louis Park and Edina have conducted renovation projects in recent years and the renovation of the City of Bloomington's outdoor. pool is currently in progress. To clarify, these projects are not identical in scope and magnitude. Here is more detail about these pool renovations: Spiral and tunnel slides, a tire swing, sprays, fountains and other water-in-motion amenities. For easy entry, water depth begins at zero and increases to 18 inches. The Edina Aquatic Center also features an Olympic-size pool with a 215-foot twisting water slide, athree-meter diving board, City of Edina two one-meter diving boards and lap-swimming lanes. For ' swimmers comfort, the water temperature in both pools is at least 84 degrees Fahrenheit. When it's time for a break, swimmers can relax in lounge chairs or take shelter under large shade umbrellas. Afull-service concessions area, located near the children's pool, offers light _ _ _ meals and snacks. St. Louis Park's "state-of-the-art" aquatic park features - • 20,000 square feet of water • Water playground with geysers and splash toys • 25-meter lap pool City of St= Louis Park • Zero-depth entry to allow visitors to wade into the water ~ Two drop slides • Two winding water slides nearly four-stories high. • Wet sand playground • Picnic gazebo - _ _ • Concession stand Construction began the second week of August 2001 on the renovation of the former Valley View Pool. The pool will be upgraded to the new standards of a "family aquatics park." City of Bloomington Amenities will include zero-depth entry, water play features such as a beach boat slide, tumble buckets and arch spray sets, as well as a renovated bathhouse. The City Council approved $3.6 million for renovation, which is being funded entirely from existing capital replacement funds. n (1 ~ O ~ O ~ N C ~ d Q ~ O ~O O ~ a a o c ~ `~ ~, r ~~ ~ O N ~ O ~ ~ s ~ ~ o~ O O O O O O O O O O O O O O O O O O w O w O w O O O O O O O O w O _ O _ O ~. O _ O 00 I` CO ~ d- M N ~- CnO ~~ ~O ~~ ~O ~~ ~~ ~~ ~~ 6'~ ~~ 6'~ c9~ ~~ s~, ~~ 1s6, 6'~ `~6' 6'~ c'6, 6'~ ~6' 6'~ 06, 6'~ 6'~ 6'~ AGENDA SECTION: AGENDA ITEM # REPORT # ~' STAFF REPORT CITY COUNCIL MEETING FEBRUARY 12, 2002 CONSENT 36 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ~' RICK BEANE, GARAGE AND PARK MAINTENANCE SUPERVISOR NAME, TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of purchase of a street sweeper in excess of $50,000: I. RECOMMENDED ACTION: By Motion: Approve the purchase of an Elgin street sweeper from Mac Queen Equipment Inc. in the amount of $104,195.34 including tax, trade-in and delivery. III. BACKGROUND I Unit #292, a 1986 Elgin street sweeper, is scheduled for replacement in 2002. Purchase of a replacement vehicle has been coordinated through the State of Minnesota Cooperative Purchasing Program. Under this program, the State of Minnesota solicits bids from a variety of dealers for specific motor pool vehicles. The bidder for the type of vehicle required is then awarded a contract to supply vehicles to the participating members of the Cooperative Purchasing Program at the lowest possible price. III. BASIS OF RECOMMENDATION 0212Sweeper A. POLICY • When the purchase of materials, merchandise, equipment or construction exceeds $25,000, authority to purchase shall be submitted to the City Council for consideration. • When the purchase price exceeds $50,000, competitive bids are required. The City of Richfield participates in the State. of Minnesota Cooperative Purchasing Program. • Mac Queen Equipment, Inc. submitted the bid for the type of vehicle requested. B. CRITICAL ISSUES • Approval at the February 12, 2002 Council meeting will facilitate delivery of the new sweeper. C. FINANCIAL • The approved 2002 Garage Motor Pool budget contains $120,000 for this purchase. • On the state bid, Mac Queen Equipment, Inc. offered $8,500 as a trade-in on the old sweeper. • Funding for this vehicle will be capital notes issued in 2002. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Council may delay approval to a later meeting: However, the sweeper bids submitted to the State Cooperative Purchasing Program are valid only until April 30, 2002. • Council may choose to deny approval and direct staff to obtain new bids for this vehicle. However, staff believes the best price(s) are available for the street sweeper through the joint purchase contract. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. n STAFF REPORT Consent 5F 35 AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING FEBRUARY 12, 2002 REPORT PREPARED BY: ROBERT HINTGEN, UTILITY SUPERVISOR REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR DEPARTMENT DIRECTOR REVIEW: S]GNAT REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of approval to purchase a high velocity cleaner and chassis from Flexible Pipe Tool Company. I. RECOMMENDED ACTION: By Motion: Approve the bid minutes/tabulation and authorize the purchase of a high velocity cleaner and chassis in the sum of $105,523.40 to Flexible Pipe Tool Company. II. BACKGROUND Unit #375, a 1995 "fetter," is scheduled for replacement in 2002. A formal bid opening was held on January 29, 2002 for the purchase of a utility maintenance high velocity cleaner and chassis (known familiarly as a "fetter"). Two vendors submitted bids as shown below: ABM Flexible Pipe Tool Company $128,865.00 (without trade) $ 92,865.00 (with trade-in) $105,523.40 (without trade) $ 84,223.40 (with trade-in) 021202Jetter The utility divisions recommend purchase of the high velocity cleaner and chassis without trading in unit #375. The utility divisions propose to keep unit #375 and use it as a back-up machine and to start a maintenance program regarding storm water mains. This way twice the lines are maintained in the same amount of time. The maintenance and repair costs on the old jetter will be monitored closely. If the maintenance costs become excessive, the old jetter will be sold. Staff will evaluate the use of the extra jetter over the next year. III. BASIS OF RECOMMENDATION A. POLICY • City Council policy resolution on purchasing provides that when the purchase of materials, merchandise, equipment or construction exceeds $25,000, authority to purchase shall be submitted to the City Council for consideration. When the purchase price exceeds $50,000, competitive bids are required. • Flexible Pipe Tool. Company submitted the lowest bid and is an established contractor that meets all the requirements. B. CRITICAL ISSUES • Approval at the February 12, 2002 Council meeting will facilitate delivery of the high maintenance cleaner and chassis. C. FINANCIAL • The approved 2002 Wastewater budget contains $140,000 for the purchase of a high velocity cleaner and chassis. There is sufficient funding for purchase of the new unit without using the trade-in of the old jetter. D. LEGAL • The bid opening held on January 29, 2002 was in accordance with legal requirements. Bid prices will remain in effect for 60 days. IV. ALTERNATIVE RECOMMENDATION~S~ • Council may reject all bids and instruct staff to re-advertise. However, ,it is the opinion of staff that the bid submitted by Flexible Pipe Tool Company is responsible and responsible. • Council could accept the trade-in bid to be included as part of the purchase of new equipment. V. ATTACHIVIENTS • Bid minutes and tabulation. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. CITY OF RICHFIELD, MINNESOTA ,-, Bid Opening January 29, 2002 10:00 a.m. Purchase of one Utility Maint. High Velocity Cleaner & Chassis Bid No. 02-01 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for the purchase of one Utility Maint. High Velocity Cleaner and Chassis, as advertised in the official newspaper on January 16, 2002 and the Construction Bulletin on January 18, 2002. Present: Nancy Gibbs, City Clerk Randy Hughes., Public Works Representative Cheryl Krumholz, City Manager Representative Robert Hintgen, Public Works Representative Ray Wroblewski, Public Works Representative The following bids were submitted and read aloud: Vendor Bid Security Base Bid Bid Less Trade-In ABM Equipment & Supply 5% $128,865.00* $92,865.00* Hopkins, MN Flexible Pipe Tool Co. 5% $105,523.40 $84,223.40 St. Cloud, MN `Denotes corrected figure The City Clerk announced that the bids would be tabulated and considered at the February 12, 2002 City Council Meeting. Nancy Gibbs City Clerk AGENDA SECTION: Consent AGENDA ITEM # 5 E REPORT # 34 J STAFF REPORT CITY COUNCIL MEETING FEBRUARY 12, 2002 BRUCE SYLVESTER, REPORT PREPARED BY: ZONING ADMINISTRATOR NAME, TITLE BRUCE PALMBORG, REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: 1,~~7 SIGNATURE REVIEWED BY CITY MANAGER: ~ _ ~ ~- / ~ ITEM FOR COUNCIL CONSIDERATION: Consideration of a technical amendment to the transitory ordinance that approved the vacation of ri ht-of-wa at the Sho s at L ndale former West 77'h Street . I. RECOMMENDED ACTION: By Motion: Adopt the attached amended transitory ordinance vacating right-of-way for the former West 77'/2 Street at the Shops at Lyndale. II. BACKGROUND On August 26, 1996, the City Council approved vacating the right-of--way of West 77'/ Street where the Shops at Lyndale are currently located. CSM Corporation owns this land and is working to finalize the plat for the Shops at Lyndale. As part of their efforts to finalize the plat for the Shops at Lyndale, CSM has asked Hennepin County to record the vacation of West 77%Z Street. Hennepin County has requested changes to the language of the transitory ordinance that vacated West 77'h Street before it will record the vacation. The requested language changes will more accurately describe the area that was vacated. J 0212-StreetVacation.doc III. BASIS OF RECOMMENDATION A. POLICY • Hennepin County must record vacations of right-of--ways. Hennepin County is requesting a more exact description of the area that was vacated before it records the vacation. B. CRITICAL ISSUES • The proposed amendment to the transitory ordinance vacating West 77'/ Street are technical amendments that only clarify the legal description of the vacated area. • The area in question has been incorporated into the Shops at Lyndale. C. FINANCIAL • N/A D. LEGAL • Street vacations require public hearings. A public hearing was held for this item when it was originally approved by the Council in 1996. Since this action is a clarification only, another public hearing is not required. IV. ALTERNATNE RECOMMENDATION(S~ • Do not approve the amended transitory ordinance vacating West 77'/ Street. V. ATTACHMENTS • Amended transitory ordinance vacating West 77'/2 Street • Current transitory ordinance No. 17.69 vacating West 77%2 Street • Survey of vacated West 77'/ Street VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A J ~' Item 5E C~~~ S.R. 434 revised BILL NO. TRANSITORY ORDINANCE NO. ~` ~ ' AN ORDINANCE VACATING A PORTION OF WEST 77-1/2 STREET THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The following described land has been dedicated to the public for right of way purposes: That part of West 77-1/2 Street as dedicated in the plat of STRAND'S SECOND ADDITION TO RICHFIELD, according to the recorded plat thereof, Hennepin County, Minnesota, described as beginning at the southwest corner of Lot 5, Block 1 of said STRAND'S SECOND ADDITION TO RICHFIELD, thence easterly, along the south line of said Lot 5, a distance of 75.65 feet to an angle point in said south line of Lot 5, thence northeasterly, along said south line of Lot 1, a distance of 62. 72 feet to the east line of said Lot 5, thence southerly, along the the southerly extension of said east line of Lot 5, a distance of 59.71 feet to the north line of the south 30.00 feet of said West 77'/ Street; thence westerly, along said north line of the south 30.00. feet of West 77%2 Street, a distance of 130.87 feet to the southerly extension of the east line of Lot 6, said Block 1; thence northerly, along said southerly extension of the east line of Lot 6, a distance of 30.00 feet to the point of beginning. `~~--~` Section 2. The fee owner of abutting land, the City or Richfield, has petitioned for the vacation of that part of West 77-1/2 Street as described in Section 1 of this ordinance. Section 3. The Council finds that there is no longer a public need for a street easement over that portion of West 77-1/2 Street as described in Section 1. Section 4. The street easement over that portion of 77-1 /2 Street, as described in Section 1 of this ordinance, is hereby vacated. Passed by the City Council of the City of Richfield, Minnesota this 12th day of February, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk BILL NO. 1996-19 TRANSITORY ORDINANCE NO. 17.69 AN ORDINANCE VACATING A PORTION OF WEST 77-1/2 STREET THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The following described land has been dedicated to the public for right of way purposes: CTDAAII'1'C CC(`(lAlrl AI"11' llTlr'lAl T(1 l?1(`I-ICIC t ~l ~ ~ih~nh Iwe. on~Grlo of thQ crv~-r-rr-rte -- , - - ... _ .. . - - - - -- ~ ~ s That part of West 77-1/2 Street as dedicated in the plat of STRAND'S SECOND ADDITION TO RICHFIELD, according to the recorded plat thereof, Hennepin County Minnesota described as beginning at the southwest corner of Lot 5 Block 1 of said STRAND'S SECOND ADDITION TO RICHFIELD thence easterly along the south line of said Lot 5, a distance of 75.65 feet to an angle point in said south line of Lot 5, thence northeasterly. along said south line of Lot 1 a distance of 62. 72 feet to the east line of said Lot 5 thence southerly alonq_the the southerly extension of said easf line of Lot 5. a distance of 59.71 feet to the north line of the south 30.00 feet of said West 77'/2 Street thence westerly. along said north line of the south 30.00 feet of West 77'/2 Streef a distance of 130.87 feet to the southerly extension of the east line of Lot 6 said Block 1; thence northerly, along said southerly extension of the east line of Lot 6, a distance of 30.00 feet to the point of beginning. Section 2. The fee owner of abutting land, the City or Richfield, has petitioned for the vacation of that part of West 77-1/2 Street as described in Section 1 of this ordinance. Section 3. The Council finds that there is no longer a public need for a street easement over that portion of West 77-1/2 Street as described in Section 1. Section 4. The street easement over that portion of 77-1/2 Street, as described in Section 1 of this ordinance, is hereby vacated. Passed by the City Council of the City of Richfield, Minnesota this 26th Day of August, 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk DEC. 21. X91 1N~ SIF#'I 5uride Land LLC. ~/ seal Eost Bloomington Freeway {35W) Vacation Description suite 1 18 Htoornington. Minnesota 55420-3435 Business:93z-881-2455 Sketch Fora Fax: 952-898-s52s ~) CSlll' CORPDRATION w. ~~rH sr. T-1- .,;r ~ ~ , ~ /1T L.VI ~ n n / i,V ` ` / ~ /--i t !J ~ o ~. a {'. ~~ 'a4 C1 ~~ ~~ ~~ iJ ~e~r'' w o Q '~ ~~ r ~ t~~y ~ I 4 ~ ~Z ~ OF LOT 5 7~r ~r r ~ 1 I ~~I i~ ~ rr-n a $ =W ~77 ~/%2~ ~STREE7`: ~ ~ - r' ` _ `T _ _ ~ s,745 SQ.'FT: ~ ~ (TO BE VACATED) °n fA! -s-s ~ i7 ^x130.87 1 .- I Yv. / / ~ / ~ J / . "' i f ~ I+ ~o~ a PROPOSED VACATION DESCRIPTION a ~^ ~ ~~ That port of West 77 I /2 Street as dedicated in the plat of STRANp'S SECOND AppiTION TO RICHFIELp, according to the recorded plot thereof, Hennepin County, Minnesota, described as beginning of the southwRst corner of tot S, Block I, sold STRANp'S SECOND ADDITION TO RICHFIELD; thence easterly, along the south line of sold Lot 5, o distance of 75.65 feet to an angle point in sold south tine of Lot 5; thence northepsterly, along said south Tine of Lot I, a distance of 62,72 feet to the east line of said Lot 5; thence southerly, along the southerly extension of said east line of Lot 5, o distance of 59.7 t feet to the north line of the south 30.00 feet of said West 77 I /2 Street; thence westerly. along said north line of the south 30.00 feet of West 77 t/2 Street, a distance of 130.87 feet to the southerly extension of the east tine of Lof 6, said plock I; khence northerly, along said southerly extension of the east line of Lot 6, o distance of 30.00 feet to the point of beginning. 200/-156 6/6/5 I T.2B R.?4 .533 SIIT ?00/1,S6GOt.dwg W a U We hereby certify that thi$ sketch, pion or report was prepared by me or under my instruction and that I qm q duly Registerotl Lond Surveyor Under the Iowa of the State of Minnesota. Dpted this 13th day of December, 2001 SONDE LAND SURVEYING, LLC. By. -.~~~ ___ _.._ _ Scott J, Souku R.L.S.~ Minn. Reg. No, 17256 REv1SE0; December 21, 2001 (Per comments) AGENDA SECTION: Consent AGENDA ITEM # 5D REPORT # 3 3 J STAFF REPORT CITY COUNCIL MEETING FEBRUARY 12, 2002 REPORT PREPARED BY: STEVEN L. DEVICH ADMINISTRATIVE SERVICES DIRECTOR NAME TITLE REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: STEVEN L. DEVICH AD IS THE SERVICES DIRECTOR NAME, T LE /~~ ~~ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of attached resolution regarding an appointment to the Richfield Tourism Promotion Board. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution appointing Robyn Goolsbey to the Richfield Tourism Promotion Board for the unexpired rtion a three-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. (Rl"PB) 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: 1. Bill Brusman, Vice President of Realty Management Services, Inc., December 31, 2001. 0212tourism 2. Cathy Sulla, representing the Richfield Chamber of Commerce, term ending December 31, 2002. 3. Erika Hiestand, General Manager of Candlewood Suites, term ending December 31, 2003. 4. Shelly King, General Manager of Americlnn, term ending December 31, 2003. 5. Randy Benson, Hampton Inn, term ending December 31, 2003. Randy Benson, the former General Manager of Hampton Inn, holds a position on the RTPB, which is set to expire on December 31, 2003. However, Mr. Benson is no longer with the Hampton Inn and has now been replaced by Robyn Goolsbey. Ms. Goolsbey has been in the hotel industry for 12 years. She was formerly the General Manager of the AmeriSuites Mall of Amercia and the Days Inn BloomingtonM/est. Ms. Goolsbey has expressed an interest in being appointed to fill the unexpired term of Mr. Benson. The Hampton Inn has been represented on the board since its inception and has been a very active participant. Mr. Brusman's term is also now expired. However, the members of the RTPB are discussing potential candidates to replace him on the board. This matter will come to the City Council sometime in the next several weeks. III. BASIS OF RECOMMENDATION A. POLICY ' The City Council has the authority to make appointments to the RTPB. • Since it's inception, the RTPB has included hotel/motel representatives. O . Ms. Goolsbey is interested in appointment to the RTPB representing the Hampton Inn. B. CRITICAL ISSUES • A vacancy on the RTPB exists as of December, 2001 and should be filled as soon as possible. C. FINANCIAL • There is no cost to the City, as board members receive no compensation. D. LEGAL The appointment conforms to City Ordinance and the bylaws of the RTPB. IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council could decide not to appoint Ms. Goolsbey to the RTPB. • The City Council could choose to review this matter at a future date. ~ V. ATTACFIMENTS ~ 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 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 Randy Benson, the representative for the Hampton Inn, has been vacated due to his employment separation from the Hampton Inn; and I WHEREAS, Robyn Goolsbey has replaced Mr. Benson as the General Manager of the Hampton Inn and is interested in appointment to the unexpired term. 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 Robyn Goolsbey, Hampton Inn., be appointed to the Richfield Tourism Promotion Board for the remainder of a three-year term ending December 31, 2003, replacing Randy Benson. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of February, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 0212tourism AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING ~_~ FEBRUARY 12, 2002 Consent 5C 32 REPORT PREPARED BY: JOHN EVANS, ADMINISTRATIVE AIDE NAME, TITLE REPORT PRESENTER: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ~ ` IGN RE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution authorizing the City of Richfield's application for the 2002. Municipal Recycling Grant from Hennepin County and the signing of the 2002 recycling contract. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the City of Richfield's application for the 2002 Municipal Recycling Grant from Hennepin County and the signing of the 2002 recycling contract. II. BACKGROUND The City of Richfield receives a municipal recycling grant from Hennepin County. each year to promote recycling initiatives. 90% of this grant is given to Richfield residents as a quarterly utility bill refund and 10% is used to cover administrative costs of the recycling program. The amount of the grant varies from year-to-year; last year's grant was approximately $93,000. III. BASIS OF RECOMMENDATION 0212 recycling A. POLICY • Richfield supports a residential recycling program as part of local environmental management. B. CRITICAL ISSUES • Approval of the resolution is required to receive the grant. • Action is requested on February 12 to meet the grant application deadline. C. FINANCIAL • The City acts as a community partner and, with this grant, no expenses are incurred to administer this program. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the resolution, preventing the implementation of the recycling program. Deferring action is not an alternative as the grant deadline needs to be met. V. ATTACHMENTS • Resolution authorizing the grant application. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None expected RESOLUTION NO. RESOLUTION AUTHORIZING SUBMITTAL OF THE MUNICIPAL GRANT APPLICATION FOR 2002 HENNEPIN COUNTY RESIDENTIAL RECYCLING PROGRAM AND THE SIGNING OF THE 2002 MUNICIPAL RECYCLING. PROGRAM CONTRACT. WHEREAS, Hennepin County provides annual grants related to residential recycling programs; and WHEREAS, the City of Richfield desires to participate in the residential recycling grant program. NOW, THEREFORE, BE IT RESOLVED by the Richfield City Council of the City of Richfield: 1. That a municipal grant application be processed for participation in the 2002 Hennepin County Residential Recycling Program. 2. That the City Manager of the City of Richfield is hereby authorized .and directed to execute and file such application with Hennepin County Department of Environmental Management... Passed by the City Council of the City of Richfield, Minnesota this 12th day of February, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk C~ ~- STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING FEBRUARY 12, 2002 Consent 5B 31 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE REPORT PRESENTER: CHRIS ~'EGIS, FINANCE MANAGER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: LJ i ITEM FOR COUNCIL CONSIDERATION: First reading of the attached transitory ordinance providing funding for certain capital im rovements from the S ecial Revenue Fund.. ~~ I. RECOMMENDED ACTION: ~~ By Motion: Approve first reading of the attached transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements and schedule the public hearing and second reading hearing for March 12,2002. II. BACKGROUND At the December 10, 2001 City Council meeting, the City Council authorized $545;000 of Special Revenue Funds for improvements to several City recreation capital improvements in 2002. Included in the $545,000 approved, was $200,000 for- Community Center renovations, $80,000 for the Tri-City Skate Park project and $100,000 for major park maintenance projects. . O However, due to impending reductions in state aid to be incurred by the City, the City Council has directed staff to defer Community Center and Tri-City Skate Park projects and reduce the park project amount by $25,000 at this time. In addition to the Special Revenue Funds, the 2002 Capital Improvement Budget provides for expenditure for all types of funds contained in the budget document including municipal state aid, user 0212transitory fees, federal grants and state grants. However, authorization by ordinance is not required for these expenditures. III. BASIS OF RECOMMENDATION A. POLICY • City Charter Section 7.12, Subd. 2 requires that Special Revenue Funds used 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 2002 so that the capital projects can be initiated on a timely basis, completed and the funds expended. • In order for the timely start of the projects under consideration in the Capital Improvement Budget, it is suggested that the first reading of the transitory ordinance take place on February 12 and a public hearing and second reading be completed at the March 12, 2002 City Council meeting. C. FINANCIAL • While the total 2002 Capital Improvements Budget (CIB) includes total budgeted expenditures of $10,405,000 the portion of CIB concerning proposed funding from the Special Revenue fund is $ 545,000. However, $280,000 will be deferred by Council direction and $25,000 reduced for 2002_ Therefore, total project expenditures have been reduced to $240;000 as shown below: Park Maintenance Ice Arena Second Sheet (repayment). Ice Arena Air Conditioning ($50,000) Pleasant Avenue Bike Trail Segments $ .75,000 125,000 25, 000 15,000 • A transitory ordfinance is necessary to finalize these appropriations pursuant to City Charter. • The source of Special Revenue funds is municipal liquor profits. D. LEGAL • The City Charter requires that a transitory ordinance be used to authorize the expenditure of Special Revenue funds. IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council could postpone the first 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 special revenue in the C1B. V. ATTACI-IMENTS • An ordinance providing for the expenditure of money from the Special Revenue Fund for certain capital improvements.. VI. PRINCIPAL PARTIES EXPECTED AT MEETING Q 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 $ 75,000 Ice Arena Second Sheet (repayment) $ 125,000 Ice Arena Air Conditioning ($50,000) $ 25,000: Pleasant Avenue Bike Trail Segments $ 15,000 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 12th day of February, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # SA REPORT # 3 ~ STAFF REPORT CITY COUNCIL MEETING FEBRUARY 12, 2002 REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASST. NAME, TITLE REPORT PRESENTER: SAMANTHA ORDUNO, CITY MANAGER NAME, TITLE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution regarding adequate 9-1-1 emergency telephone s stem fundin I. RECOMMENDED ACTION: By Motion.: Approve. the attached resolution supporting adequate 9-1-1 emer enc tele hones stem fundin . II. BACKGROUND The 9-1-1 surcharge Minnesota telephone subscribers pay is currently $.27 per phone, both wireline and wireless. The $.27 is distributed to Public Safety Answering Points (PSAPs) located throughout the State, the Metropolitan Radio Board for the 800 MHz regional radio system, and the Minnesota State Patrol for their 10 PSAPs. The remainder stays with the Department of Administration to pay the providers of wireless and wireline 9-1-1 and to defray some of the department's own administrative costs. The PSAP's share of the $.27 is $.10 and is dEVided between 117 centers on a formula basis. The formula for dividing up this dime gives half of the total equally to all counties (and their city PSAPs on a per capita basis) and to PSAPs operated by the State Patrol, the Metropolitan Airports Commission, the University of Minnesota and the Red Lake Band of Chippewa. The other half is given to county and city PSAPs on a per capita basis. III. BASIS OF RECOMMENDATION The MN Chapters of the National Emergency Number Association (NENA) and the Association of Public Safety Communications Officials (APCO) have both identified 0212funding911 a need to improve the 9-1-1 system within the State of Minnesota. Both ^ professional organizations passed resolutions in 1999, 2000 and 2001 supporting (~) an increase in the surcharge amount. The current $.10 received by PSAPs is inadequate to meet the needs of providing a reliable system that saves lives, reduces crimes and property damage, and instills public confidence. A. POLICY • NENA and APCO seek to raise the surcharge cap by an additional $.10 per month for all wired and wireless phone subscribers. • This additional revenue should be distributed amongst PSAPs to fund wireless and other needed upgrades. B. CRITICAL ISSUES • PSAPs will be faced with significant costs in the future in order to keep pace with technology. • The advent of wireless enhanced 9-1-1 (ability to geographically locate cell phone callers) will require upgrades in both the PSAPs and in the telephone network. • Other advances will also require. costly upgrades that are not affordable under the current revenue stream. • The Department of Administration annually conducts a survey of 9-1-1 centers in an effort to determine budget needs over the next few Q years. The survey has clearly shown that an increase in funding is needed. C. FINANCIAL • A doubling of the $.10 that PSAPs receive is required to meet the minimum anticipated needs. • Minnesota is currently among the bottom five states in terms of revenues collected for 9-1-1. Even at $.50, Minnesota citizens will be paying less in 9-1-1 surcharges than in most states, and less than the cost of a single *69 usage to determine the phone number of your last call D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • The City Council could decide not to adopt the resolution. • The City Council could choose to review this matter at a future date. V. ATTAC~IMENTS • Resolution • Rates for calendar year 2001 distribution of E 9-1-1 funds VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION SUPPORTING ADEQUATE 9-1-1 EMERGENCY TELEPHONE SYSTEM FUNDING WHEREAS, protecting the lives and property of citizens is one of government's fundamental responsibilities; and WHEREAS, it is essential to a community's well being that in times of emergency, all persons be able to summon help quickly; and WHEREAS, 9-1-1 emergency telephone systems increase public confidence and provide efficient emergency services; and WHEREAS, the City of Richfield recognizes that public safety answering points and the entire 9-1-1 system in Minnesota must be maintained- and remain in excellent working condition in order for the system to do what it is designed to do -save lives, assist in reducing crime and reduce property damage; and WHEREAS, as hardware, software and training costs escalate, and as new technologies emerge, the City of Richfield- believes that the current surcharge will not allow the Minnesota 9-1-1 system to keep pace; and WHEREAS, the City of Richfield wants to ensure that the costs of implementing 9-1-1 service and improvements to the 9-1-1 system are. provided for sufficiently by the fees collected; and WHEREAS, the .City of Richfield wants to ensure thatall Public Safety Answering Points receive adequate revenues from the 9-1-1 fees collected. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield supports an increase of the Minnesota 9-1-1 surcharge to more adequately fund 9-1-1 system costs in Minnesota. BE IT FURTHER RESOLVED that the City of Richfield supports the legislative efforts of-the 9-1-1 professional organizations to secure an increase to the 9-1-1 surcharge to an adequate amount. ADOPTED by the City Council of the City of Richfield, Minnesota this 12th day'of February, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk C~ J n /yq..._ ~.~.„~ pn~~nnry~^nnr.nnwN~. a .. Q pQ CCpp GOpOOOOd~Q}pOoN~Np=QQ~oNf~agdpp pQ_oNm daQr p nnom~{{ Q~{ SJi .Q .Q S.R N Ps~.~SM Psi .~.~.i Q1 .~ M+N OIA~N.QiM Pg$?~P~~.Q~s?~ SZ 3w~?Ji Q~~.i Si3A~8 A~~ ~"+-MOD-M R pq~ p. n T.p hMOn P yet Ny ^ M ApM •CJ PQ ~PjP@• Yn C A'O06 v Oi GD'C'~h...Mrl ~p~tl' O aHyh ^...TNOp~p pp O •4 ~. 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