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06-11-01 AgendaCITY OF RICHFIELD, MINNESOTA MONDAY, JUNE 11, 200.1 • SPECIAL CITY COUNCIL MEETING WOOD LAKE NATURE CENTER 6710 LAKE SHORE DRIVE 5:30 P.M. Call to order Roll call 1. -0perr housewith°the~pubiic Adjournment REGULAR CITY COUNCIL-MEETING WOOD LAKE NATURE CENTER 6710 LAKE SHORE DRIVE 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Pledge of Allegiance Roll call Approval of minutes of (1) Special City Council Study Session of May 21, 2001; (2) Special City Council Meeting of May 21, 2001; (3) Special City Council Meeting of May 22, 2001; (4) Special City Council Study Session of May 29, 2001; (5) Regular City Council Meeting of May 29, 2001; and (6) Special City Council Meeting of May 31,2001 PRESENTATION 1. Presentation of Certificates of Appreciation to Miss Richfield Ambassadors 2. Council discussion items Notes: 3. Opportunity for citizens to address the Council on items not on the agenda (Limited to 15 minutes.) Speakers are asked to keep their comment period to • three minutes to allow sufficient time for others. Individuals who wish to address the Council are requested to print their name and address on the Speaker's Register for the record. Notes: • AGENDA APPROVAL 4. Council approval of agenda CONSENT CALENDAR 5. Consent Calendar contains several separate items which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions -have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of resolutions declaring costs to be assessed and ordering preparation of assessment roll for 2000 removal of diseased trees from private property and setting date of hearing for July 23, 2001 S.R. No. 128 • B. Consideration of approval of resolutions declaring costs to be assessed and ordering preparation of assessment roll for 2000 77th Street maintenance and setting date of hearing for July 23, 2001 S.R. No. 129 C. Consideration of approval of resolutions declaring costs to be assessed and ordering preparation of assessment roll for 2000 LHN Maintenance and setting date of hearing for July 23, 2001 S.R. No. 130 D. Consideration of approval of resolution proposing to specially assess costs of current services provided within 77th Street project area for January 1, 2002 through December 31, 2002 and setting public hearing for July 23, 2001 S.R. No. 131 E. Consideration of approval of resolution proposing to specially assess costs of current services provided within LHN project area for January 1, 2002 through December 31, 2002 and setting public hearing for July 23, 2001 S.R. No. 132 F. Consideration of approval of resolution accepting Time Warner resolution approving transfer of control of KBL Cablesystems of the Southwest, Inc. and cable television franchise to AOL Time Warner S.R. No. 133 G. Consideration of approval of updated by-laws and amended joint and cooperative agreement of Southwest Suburban Cable Commission S.R. No. 134 H. Consideration of approval of award of contract to Flanagan Sales for construction of open-sided picnic shelter at Monroe Park in amount of $16,683.55 S.R. No. 135 I. Consideration of approval of award of contract to Flanagan Sales for construction of open-sided picnic shelter at Fairwood Park in amount of $22,279 S.R. No. 136 • J. Consideration of approval of resolution authorizing execution of stipulation of final settlement on Parcel 22, 6529 Cedar Avenue S.R. No. 137 K. Consideration. of approval of resolution adopting the joint and cooperative agreement (mutual aid pact) for use of law enforcement personnel and equipment between police agencies within Hennepin County effective July 1, 2001 S.R. No. 138 • L. Consideration of approval of community celebration event license and temporary on- sale 3.2 percent malt liquor license with fee waiver for Fourth of July Committee for annual events at Veterans Memorial Park of Richfield on June 28 through July 5, 2001 S.R. No. 139 M. Consideration of approval of on-sale 3.2 percent malt liquor license with fee waiver for Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue, for activities on July 4, 2001 S.R. No. 140 Notes: PUBLIC HEARING 6. Public hearing and second reading of transitory ordinance authorizing sale of 7039 Fifth Avenue to HRA for rehabilitation • Staff Report No. 141 Notes: RESOLUTIONS 7. Consideration of resolution authorizing agreement with Hennepin County for maintaining new traffic signals on Penn Avenue on I-494 bridge and at entrance to Best Buy Campus and modifications to traffic signal at 76th Street Staff Report No. 142 Notes: 8. Consideration of resolution requesting advanced encumbrances from general State Aid Construction account to supplement available funds in City's State Aid Construction • account for anticipated construction cost for 76th Street Widening Project Staff Report No. 143 Notes: • ADMINISTRATIVE REPORTS AND OTHER BUSINESS 9. Consideration of approving plans, ordering project and authorizing ad for bids for replacement of Penn Avenue bridge Staff Report No. 144 Notes: 10. Consideration of receipt of City of Richfield Comprehensive Annual Financial Report for fiscal year ended December 31, 2000 Staff Report No. 145 Notes: • 11. Consideration of scheduling Special City Council Study Session for discussion of Council protocols Notes: AIRPORT AND LEGISLATIVE BUSINESS 12. Airport and legislative status report Notes: COUNCIL CHOICE Notes: 13. Claims and payrolls • 14. 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: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING JUNE 11, 2001 ADMIN. REPORTS 10 145 REPORT PREPARED BY: NanrE, TITLE .7 REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRIS REGIS, FINANCE MANAGER CHRIS REGIS, FINANCE MANAGER ITEM FOR COUNCIL CONSIDERATION: Receipt of the City of Richfield Comprehensive AnnuaLFinancial Report (CAFR) for the fiscal ear ended December 31, 2000. I. RECOMMENDED ACTION: By Motion: Accept the Comprehensive Annual Financial Report of the Cit for the ear ended December 31, 2000. II. BACKGROUND The City's auditing firm, HLB Tautges Redpath, Ltd., has completed the annual audit of the City's financial records for the fiscal year ended December 31, 2000. A representative of HLB Tautges Redpath, Ltd. is present tonight to make a brief presentation on the 2000 financial information and answer questions. In addition, the CAFR will be submitted to the State of Minnesota pursuant to State law and to the Government Finance Officers Association for the Certificate of Achievement for Excellence in Financial Reporting program. • III. BASIS OF RECOMMENDATION • A. POLICY • Action to be taken at the June 11, 2001 City Council meeting is the official receipt of .the December 31, 2001 City of Richfield Comprehensive Annual Financial Report by the City Council. • The City's auditor has performed an audit. of the City's financial records for the year ended December 31, 2000 and prepared reports to the City Council concerning legal compliance and internal controls. B. CRITICAL ISSUES • Action on this item is requested at the June 11, 2001 City Council meeting. C. FINANCIAL • N/A D. LEGAL • The CAFR will be submitted to the State of Minnesota, pursuant to State law. • IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council could ask the auditors for further explanations of their findings at a future Study Session. V. ATTACHMENTS • City's Comprehensive Annual Financial Report • HRA's Comprehensive Annual Financial Report • Schedule of Expenditures of Federal Wards and Independent Auditor's. Reports • Financial Analysis and Management Considerations VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Tom Hodnefield, Principal, HLB Tautges Redpath, Ltd. C/}FfZ 0.V0.~,1-Rb'~e ~L6m a~nanct fY1oe'~- ~J • AGENDA SECTION: ADMIN. REPORTS AGENDA ITEM # 9 REPORT # 144 J STAFF REPORT CITY COUNCIL MEETING JUNE 11, 2001 REPORT PREPARED BY: TOM FOLEY, TRANSPORTATION ENGINEER NAME, TITLE REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration to approve plans, order project and authorize ad for bids for Replacement of the Penn Avenue Brid e. I. RECOMMENDED ACTION: By Motion: Approve plans for the replacement of the Penn Avenue Bridge over I-494, order City Project 401-30-521 and authorize staff to advertise for bids. • IL BACKGROUND When Best Buy Co. agreed to move its headquarters to Richfield, the City agreed to make certain improvements to public infrastructure around the site including the replacement of the Penn Avenue Bridge over I-494. Project Plans The Penn Avenue Bridge Project involves: • Removal of the existing Penn Avenue Bridge; • Construction of a new single-point diamond bridge including a signal on the bridge; • Provision of piling for the bridge foundation; • Erection of retaining walls and ramps to I-494;. 0611 PennBridgePlan • New signalized intersection on Penn Avenue at the entrance to the Best Buy campus; • • Reconstruction of 78th Street frontage road west of Penn Avenue to connect to this new intersection; • Widening of Penn Avenue from about 130 feet north of 77th Street in Richfield to about 125 feet south of the Southtown entrance drive in Bloomington; • Modifications to the signal and intersection at the Southtown entrance drive • Realignment of I-494 mainlines to place the new Penn Avenue Bridge pier in its permanent location relative to the future reconstruction of I-494; • Relocation of private and public utilities along Penn Avenue; • Construction of a new stormwater lift station in the southeast corner of the interchange; • Construction of a temporary exit ramp from eastbound 1-494 to Xerxes Avenue including a temporary traffic signal on Xerxes Avenue to serve traffic while the Penn Avenue Bridge is closed; and, • Provision of an extensive traffic control plan to divert traffic while the current Penn Avenue Bridge is removed. All of the above improvements are included in the construction plans for City Project 401-30-521, which is generally referred to as "Replacement of the Penn Avenue Bridge Plan". A copy of the layout is attached. A related project will widen Penn Avenue and 76th Street adjacent to the Best Buy campus and make utility and. make road utility improvements on Knox Avenue adjacent to the Best Buy site. • Right of Way The cities of Richfield and Bloomington have been working to acquire the necessary land to build the project. Site control is expected to occur by June 28,.2001. At that time demolition can proceed under a separate contract of two buildings in Richfield (Citgo Service Station and the Century Court racquet club building) and one in Bloomington (Hyundai) needed for the project. Best Buy will dedicate the required property on the east side of Penn Avenue to the City for the purpose of roadway use. Advertising for Bids The advertisements for bids can be published once the right of way is under the cities' control. The advertisements will be published in late June and several times in July 2001 with bids opening on August 6, 2001.. Project Cost With completion of the final approved plans, the City's engineering consultant preparing the plans has determined an Engineer's Estimate of construction costs. Along with the cost for right of way acquisition, the total estimate of cost to date for this project is $29.9 million dollars. Funding for this project is discussed below. III. BASIS OF RECOMMENDATION • A. POLICY • The Replacement of the Penn Avenue Bridge over I-494 is consistent with the proposed reconstruction of I-494 and has been identified as a high priority capital improvement in the City's Comprehensive Plan. • The Developer's Agreement between Richfield and Best Buy contains language that commits the City to replace Penn Avenue Bridge over I- 494. • The Best Buy Environmental Impact Statement (EIS) identifies the existing Penn Avenue Bridge over I-494 as deficient and in need of replacement. The work contained in this plan mitigates the negative traffic impacts identified in the Best Buy EIS. B. CRITICAL ISSUES • Necessary right of way property and easements will be acquired by June 28, 2001. • To maintain the schedule for the redevelopment in the area formerly known as Interchange West, the timing of the construction of the Replacement of Penn Avenue Bridge Project is critical. • To construct the roadway improvements in the most cost and .time efficient manner, it will be necessary to detour traffic during the construction. The detour route to the west will be along 76th Street to Xerxes/York Avenues to 80th Street to Penn Avenue to 82nd Street in Bloomington. The detour route to the east will be 76th Street to 77th Street to Lyndale Avenue to 82nd Street in Bloomington. Information about the detour will be posted, included in publications such as a project newsletter and the Your City newsletter, and placed on the City's website. • The construction of the Penn Avenue bridge will require a variance from the City's noise ordinance allowing construction to occur between the hours of 6 a.m. and 11 p.m. on weekdays and Saturdays. The noise ordinance allows construction during the times from 7 a.m. to 10 p.m., Monday-Friday, and 8 a.m. to 10 p.m., Saturdays. A hearing will be held on the noise variance on July 9, 2001. C. FINANCIAL • The project is contained in the adopted 2001 Capital Improvement Budget. Funding comes from three principal sources: $14 million from the Best Buy Company ($7 million of tax increment financing bonds and a forgivable loan of $7 million, to be paid back only in the event there is surplus increment after all other obligations are paid);. $8.5 million ($6.7 million in a Transportation Revolving Loan Fund (TREE) loan; $148,000 in State Trunk Highway funds, and in-kind staff contribution for construction administration valued at $1.52 million; and (3) $7.4 million of Federal High Priority Project funds. Total project costs are $29.9 million. D. LEGAL • The City attorneys have reviewed the funding agreements needed to finance this project and have been engaged in the negotiations for acquiring the property needed to build the project. • IV. ALTERNATIVE RECOMMENDATION(S~ • Council could direct staff to not construct the Penn Avenue Bridge. However, the City has obligated to make the improvements in support of the Best Buy development. • Council could direct staff to redesign these improvements; however, staff believes that the plan as submitted adequately addresses both the short-term • and long-term plans for 1-494. V. ATTACHMENTS • A drawing showing the areas proposed for improvement. • Plans will be available at the Council meeting for inspection. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None known of at this time. • • • ~~~n/~ VJ m m ~ ;'I ~ ,~ N '~ ~ I~ - .off o ~~ Q. ' I anu • ~~~ ! 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'~ '~ ir- ~ A i ,; ~~~ a ~ i ~~ 1 -~~ ~I e e i .; „e I$ l', n i F. - - ~ - -~ ~. • AGENDA SECTION: RESOLUTIONS AGENDA ITEM # 8 REPORT # 143 STAFF REPORT CITY COUNCIL MEETING JUNE 11, 2001 REPORT PREPARED BY: JIM OLSON, PROJECT ENGINEER NAME, TITLH • REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ G% v SIGN PURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request to advance 2002 Municipal State Aid (MSA) Funds in addition to the City's current MSA account balance for the anticipated construction cost for the 76th Street Widening Project. I. RECOMMENDED ACTION: By Motion: Adopt attached resolution requesting advanced encumbrances from the general State Aid Construction account to supplement the available funds in the City's State Aid Construction account for the purpose of funding the 76th Street Widening Project, Citv Project No. 401-30-513. • III. BACKGROUND ~ Final plans and specifications for the widening of 76th Street between Penn Avenue and 1-35W have been approved and the project is ready to advertise for bid. The project includes road and utility work: on 76th Street from 800 feet west of Penn Avenue to I-35W; on Penn Avenue from the new intersection at the entrance to the Best Buy Campus to 75th Street; on Knox Avenue from 76th Street to 78th Street; and, on the I-35W exit ramp at 76th street. (See attached layout.) 0611 MSA_funding_advance An estimate of construction costs and right of way acquisition costs, which are eligible for MSA funding, has been determined to be approximately $4.5 million. • Currently the City's MSA Construction Account has a balance of $3,542,015. Since the City's MSA account will not cover all of the anticipated construction costs, the City may request an advancement from the general State Aid Construction account. The amount of advance funds that may be requested in a given year is equal the City's previous year's construction allotment. This amount is $774,874. If approved, the City will be requesting this entire amount. It is also anticipated that an additional request of approximately $183,100 for advanced funds will be made on the City's 2003 MSA construction fund in 2002 for payment of the final estimate on this project. III. BASIS OF RECOMMENDATION A. POLICY • The Developer's Agreement between Richfield and Best Buy contains language that commits the City to make necessary improvements to Penn Avenue, 76th Street and Knox Avenue. • The Best Buy Final Environmental Impact Statement (EIS) identifies some of these areas as problem areas that need to be addressed. The work contained in the plan to widen 76th Street mitigates the traffic impacts identified in the Final EIS. • B. CRITICAL ISSUES • The current balance of the City's MSA construction account will not cover all of the anticipated costs for the 76th Street Widening Project. However, under MSA rules the City is allowed to borrow against future MSA fund allotments. • By depleting the MSA construction account, other road improvements may be delayed until the account is replenished in future years. C. FINANCIAL • Construction costs on designated MSA streets are eligible for MSA funding. The City uses MSA funding on major reconstruction projects such as the 76th Street Widening Project. • The adopted 200.1 Capital Improvement Budget includes $3.7 million in MSA funding for the project. The majority of the work in the project will be paid for out of Richfield's Municipal State Aid Construction Account but the Knox Avenue improvements, that are not eligible for MSA funding, will be paid for with utility funds and with cost participation from Best Buy. D. LEGAL • The City attorneys have been involved with obtaining the necessary • right of way for the project. IV. ALTERNATIVE RECOMMENDATION~S~ • Council may refuse to adopt the resolution requesting advance MSA funds and use City funds instead to finance the project. V. ATTACHMENTS • Resolution requesting advance of Municipal State Aid Construction funds. • Layout of the proposed 76th Street Widening Project. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. n U • • RESOLUTION NO. RESOLUTION AUTHORIZING ADVANCE ENCUMBRANCE OF MUNICIPAL STATE AID FUNDS WHEREAS, the City of Richfield has obtained the Commissioner's approval of the plans for the following Municipal State Aid Projects: S.A. P No. 157-361-23 Located on 76th Street from 800. ft West of Penn Avenue to West Approach Panel of Bridge 9796 (I-35W) consisting of Grading, Aggregate Base, Bituminous and Concrete Pavement, Concrete Curb and Gutter, Storm Sewer, Sanitary Sewer Forcemain and Watermain S.A.P No. 157-020-21 Located on Penn Avenue from 600 ft South of 76th Street to 600 ft North of 76th Street consisting of Grading, Aggregate Base, Bituminous -and Concrete Pavement, Concrete Curb and Gutter, Storm Sewer, Sanitary Sewer Forcemain and Watermain S.A.P No. 157-010-04 Located on I-35W SB Exit Ramp from 76th Street to 550 ft North of 76th Street consisting of Grading, Aggregate Base, Bituminous and Concrete Pavement, Concrete Curb and Gutter, Storm Sewer, Sanitary Sewer Forcemain and Watermain; and • WHEREAS, the City of Richfield is planning on implementing the said Municipal State Aid Street Projects in 2001 which will require State Aid funds in excess of those available in its State Aid Construction Account; and WHEREAS, the City of Richfield is prepared to proceed with the construction of said projects through the use of advance encumbrances from the general State Aid Construction Account to supplement the available funds in their State Aid Construction Account; and WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subdivision 6 and Minnesota Rules, Chapter 8820. NOW, THEREFORE, BE IT RESOLVED that the Commissioner of Transportation be and is hereby requested to approve this advance for financing on the approved Municipal State Aid Street Projects of the City of Richfield in an amount up to $774,874.00 in accordance with Minnesota Rules 8820.1500, Subparagraph 9, and to authorize repayments from the following year's accruals to the Construction Account of the Municipal State Aid Street fund for said City. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of June, 2001. • Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • • • :J7 -+ 'D .'D -~ ~ - Oliver Avenue Newton Avenue Morgan Avenue Logan Avenue ~, ~t~r ''~ ~~, ~, ~, ~~ ~ ~~~ • AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT RESOLUTIONS 142 COUNCIL MEETING DATE: JUNE 11, 2001 LJ • REPORT PREPARED BY: TOM FOLEY, TRANSPORTATION ENGINEER NAME, TITLE REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ yy~ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution authorizing approval of agreement with Hennepin County for maintaining the new traffic signals on Penn Avenue on the I-494 Bridge and at the entrance to the Best Bu Cam us, and modifications to the traffic si nal at 76th Street. ~~ L RECOMMENDED ACTION: ~~ By motion: Adopt the attached resolution authorizing the Mayor and City Manager to execute Hennepin County Construction Cooperative Agreement No. PW 11-19-01 County Project No. 0021, and City Project Nos..401-30-513 and 401-30-521 for replacement of the Penn Avenue Bridge and widening of 76th Street from 800 feet west of Penn Avenue to I-35W. II. BACKGROUND Penn Avenue will be reconstructed from 75th Street to 80th Street. This will be done as part of two road projects: the Replacement of the Penn Avenue Bridge over I-494 Project and the Widening of 76th Street Project. Penn Avenue is a County road. Any new traffic signals or modifications to existing signals require a construction cooperative agreement to be signed between Hennepin County and cities where the signals are located. In this case an agreement is needed between the County and the cities of Bloomington and Richfield. 0611 HennCoSignalAgmt • Hennepin County has prepared a signal agreement for two new and two modified traffic signals along Penn Avenue in Bloomington and Richfield that will be installed as part of the two road improvement projects. The attached map shows the location of the proposed signal improvements. Under the County agreement, the County agrees to maintain the traffic signal systems once the City of Richfield completes construction of the road improvements. This is consistent with existing County policy governing traffic signal maintenance. The traffic signal improvements are part of the Replacement of the Penn Avenue Bridge over I-494 Project and the Widening of 76th Street Project. Both projects are included in the City's 2001 capital improvement budget III. BASIS OF RECOMMENDATION A. POLICY • Formal agreements are required for the County to maintain traffic signals built or modified by cities. • The agreement is consistent with Hennepin County's policy on signals. B. CRITICAL ISSUES • The proposed traffic signals along Penn Avenue will have increased spacing, the result of replacing two existing signals at the 494 ramps with a traffic signal in the center of the new Penn Avenue ..Bridge. This will improve traffic flow and provide increased storage space for vehicles traveling on Penn • Avenue. C. FINANCIAL • Council approved monies in the 2001 capital improvement fund for two road projects containing the signal improvements described in this report. • Funds to rebuild the traffic signal at 76th Street and Penn Avenue will come from Richfield's Municipal State Aid Account (gas tax funds). Funds for the three signals at (1) the entrance to the Best Buy campus, (2) the center of Penn Avenue Bridge over I-494, and (3) 7900 Drive, the entrance to the Southtown Shopping Center, will come from Best Buy funds, Federal High Priority Project funds and the Minnesota Department of Transportation funds. 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. TTACHMENTS ^ Resolution authorizing approval of agreement with Hennepin County. ^ Hennepin County Construction Cooperative Agreement No. PW 11-19-01 ^ Layout of proposed traffic signal improvements along Penn Avenue from 75th Street to 80th Street. VI. PRINCIPAL PARTIES EXPECTED AT ^ None. RESOLUTION NO. • RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE HENNEPIN COUNTY ROADWAY MAINTENANCE AGREEMENT NO. PW 11-19-01 WHEREAS, the City of Richfield, the City of Bloomington, and Hennepin County have been negotiating to bring about improved traffic signals on Penn Avenue between 75th Street in Richfield to 80th Street in Bloomington; and WHEREAS, the City of Richfield and its consultants. have prepared the necessary plans and specifications for the County Projecf No. 0021 and City Project Nos. 401-30-521 and 401- 30-513; and WHEREAS, the City has requested that the County approve said plans and specifications and participate in the maintenance of said projects as they affect Penn Avenue (CSAH 32); and WHEREAS, the County has indicated its willingness to approve said plans and specifications and participate in the maintenance of said projects as theyaffect Penn Avenue (CSAH 32); and WHEREAS, it is contemplated the said parties under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59 carry out that said work. • NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Manager are hereby authorized to execute Agreement No. PW 11-19-01 for the installation and maintenance of traffic signal system improvements on Penn Avenue between 75th Street and 80th Street. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of June, 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • Agreement No. PW 11-19-01 County Project No. 0021 County State Aid Highway No. 32 City of Richfield City of Bloomington County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT -THIS AGREEMENT, Made and entered into this day of , 2001, by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred. to as the "County", and the City of Richfield, a body politic and corporate under the laws of the State of Minnesota and the City of Bloomington, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to collectively as the "Cities". WITNESSETH: WHEREAS, the City of Richfield has entered into an agreement with the Best Buy Corporation for the construction of their corporate headquarters on a eight city block parcel. adjacent to County State Aid Highway{CSAH) 32 (Penn Avenue) and Federal Aid Interstate (FAI) 494. Said headquarters will be amulti-unit, multi-story facility which when complete will house 7,500 Best Buy employees; and .WHEREAS, as part of said City of Richfield's agreement with the Best Buy Corporation, the City of Richfield has agreed to provide for the improvement of CSAH 32 and improved access to FAI 494; and WHEREAS, due to the increase in traffic that will be generated from said headquarters, the County agrees with the City of Richfield that it is desirable to bring about the improvement of that portion of CSAH 32 between 75th Street and 80th Street ,which improvement contemplates and includes grading, drainage, aggregate base, bituminous pavement, concrete curb and gutter, retaining walls, utility improvements, signing and striping, lighting, traffic signals, bridge and highway ramping; and WHEREAS, the above mentioned improvement of CSAH 321ies within the corporate limits of the City of Richfield and the corporate limits of the City of Bloomington, and shall be identified as County Project No. 0021 (a.k.a. City of Richfield Projects Nos. 401-30-521 and 401-30-513), also referenced and identified as S.A.P. Nos. 27-632-22, 157-02-21, 157-361-23, 157-010-04 and S.P. No. 2785-328, hereinafter referred to as the "Project"; and WHEREAS, the City of Richfield will act as the lead agency for the Project and will enter into a separate agreement with the Minnesota Department of Transportation (Mn/DOT) for the aforereferenced improvement of CSAH 32; and _ 1 _ ~~~ ~- Agreement No. PW 11-19-01 CSAH 32; C.P. 0021 WHEREAS, the City of Richfield has hired the Consultant firms of URS (BRW) -and SEH to prepare the necessary plans and specifications for the aforesaid Project; and WHEREAS, the City of Richfield has requested that the County approve said plans and specifications and the County has indicated its willingness to approve said plans and specifications; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes 1992, Section 162.17, Subdivision 1 and Section 471.59. NOW THEREFORE, IT IS HEREBY AGREED: I The City of Richfield or its agents at the sole cost and .expense of the City of Richfield, shall prepare the necessaryplans, specifications, and proposal; shall advertise for bids for the work and construction, receive and open bids pursuant to said advertisement and. enter into a contract with the. successful bidder at the unit prices specified in the. bid of such bidder. Said plans and specifications shall be in conformance with existing practices, rules and requirements of Mn/DOT's Division of State Aid for Local Transportation. The contract will be in form and will include the plans and specifications prepared by the City of Richfield or its agents and approved by the County, which said plans and specifications are by this reference made a part hereof. The City of Richfield shall also apply for, obtain, and comply with, at its sole cost and expense,. all permits and approvals from all other governmental or regulator agencies as maybe required to accomplish the project. Said permits and approvals shall be obtained prior to the start of any. construction. Copies of said permits shall be given to the County Engineer or its designated representative prior to the start of construction activities. II The City of Richfield or its agents will inspect the construction, perform the necessary material testing, perform the necessary construction staking and document the contract work contemplated herewith in accordance with the existing practices and procedures required by the Mn/DOT's Division of State Aid for Local Transportation. The County Engineer shall cooperate with the City of Richfield Engineer and his staff to the extent necessary and shall have the right to enter upon the job site at any time to make any inspections deemed necessary. The City of Richfield will prepare weekly progress reports as provided in the Agreement No. PW 11-19-01 CSAH 32; C.P. 0021 specifications. A copy of these reports will be furnished to the County. It is further understood that all aspects of public relations for the Project shall be the responsibility of the City Engineer for the City of Richfield. III The County agrees that the City of Richfield may make changes in the plans or in the character of said construction which are reasonably necessary to cause said construction to be in all things performed -and completed in a satisfactory. manner consistent with the plans and specifications approved by the County. It is further agreed by the County that the City of Richfield may enter into change orders or supplemental agreements with the City of Richfield's. contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. The County shall have the opportunity to review and shall have the right to approve any proposed changes to the plans and specifications prior to the work-being performed. The County further agrees that it will participate in the settlement of any claims from the City of Richfield's contractor that involve delays attributable to unreasonable delays in approval by the County for plan or specification changes deemed necessary by the City of Richfield Engineer or his staff. The amount of County participation in any such claims shall be commensurate with the percentage of delay directly attributable to the County's actions. IV All construction costs on the Project shall be the responsibility of the City of Richfield and there shall be no cost to the County for said Project. V The City of Richfield or its agents, at its or their own expense, shall acquire all additional right of way, permits .and/or easement required for the construction of said Project. The County will not participate in the right of way and/or easement acquisition costs for said Project. Upon completion of the project, all permanent right of way acquired for CSAH 32 as provided herein shall be conveyed to the County with no consideration required. • - 3 - ~~ L Agreement No. PW 11-19-01 CSAH 32; C.P. 0021 VI All records kept by the Cities and the County with respect to this project shall be subject to examination by the representatives of each party hereto, VII The County reserves the right not to issue any permits for a period of five (5) years after completion of the project for any service cuts in the roadway surfacing of the County Highways included in this project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. VIII Upon completion ofthe construction contemplated herewith, it shall be the responsibility of the City of Richfield or its agents to prepare the as-built construction plans. The City of Richfield or its agents shall furnish the County with two (2) complete sets of as-built plans within 45 days of completion of said Project. IX It is understood and agreed that upon completion of any and all improvements proposed herein, all street lighting, water distribution system components, sanitary sewer systems, concrete sidewalk, bituminous walks, retaining walls, and all municipal street construction included in said improvement shall be the property of the City within which they lie and all maintenance, restoration, repair, replacement or other work or services required thereafter shall be performed by the City of ownership at no expense to the County. It is further understood and agreed that all seeding or sod included in said project shall not become the property of the County and all maintenance, restoration, repair or replacement required thereafter shall be .performed by the City of ownership at no expense to the County. It is hereby understood that the County requires an operational clear zone behind the face of curb for storage of snow removed from County roadways. The Cities hereby agree that the Cities shall be responsible for the removal of any snow that maybe placed on the sidewalks and/or pedestrian bicycle paths within the operational clear zone, as a result of the County's snow removal operations on CSAH 32 within the limits of said Project. This paragraph is not intended to confer a benefit upon any third party and the Cities decision to remove snow from the sidewalk and/or paths shall be made by the Cities in its sole discretion pursuant to its policy on removal of snow and ice from its sidewalks and/or pedestrian/bicycle paths and trails. -4 - • Agreement No. PW l 1-19-O1 CSAH 32; C.P. 0021 X Upon completion of the Project the County shall, at its own cost and expense, retain ownership and maintenance responsibilities for those portions of the roadway storm sewer drainage system functioning as .catch basins and associated lead pipes that are within or between the outermost curblines of the County roadways as well as those within the radius return limits of intersecting municipal streets. All other components of the roadway storm sewer drainage system, constructed as a part of this Project including but not limited to all trunk lines, and all existing or proposed drainage ponds, regardless of their location within County right of way, shall become the property of the city within which they lie and shall be maintained by each respective city. The Cities shall have the right to enter upon County right of way as necessary to perform all maintenance, restoration, repair, replacement or other work or services herein agreed to by the Cities. The Cities shall' notify the County a minimum of 24 hours prior to the performance of any such work by the Cities which will affect traffic on CSAH 32. All questions of maintenance responsibilities that may arise shall be jointly resolved by each respective City's Public Works Director and the County's Operations Division Engineer. XI The City of Richfield agrees to defend, indemnify and hold harmless the County, its elected officials, officers, agents, volunteers, and employees from any liability, claims causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the City of Richfield, its subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they maybe liable for related to the ownership, maintenance, existence, restoration, repair or replacement of the City of Richfield owned improvements constructed as part of said Project. The City of Bloomington agrees to defend, indemnify and hold harmless the County, its elected officials, officers, agents, volunteers, and employees from any liability, claims causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the City of Bloomington, its subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they maybe liable for related to the ownership, maintenance, existence, restoration, repair or replacement of the City of Bloomington owned improvements constructed as part of said Project. XII The City of Richfield or its agent shall notify the County a minimum of one (1) week prior to -5 - Agreement No. PW 11-19-01 CSAH 32; C.P. 0021 the date of any turn on of a traffic signal system installed as part of said Project. The County's Traffic Operations Engineer or his designated representative must be present at the time any signal systems are turned on. The County hereby reserves the right to perform final inspection of said signal systems at the time of energizing and also the right to require any modif cations prior to approving the systems for operation. No signal system may be placed. in operation without approval of the .installed system by the County. XIII The Cities shall install, or cause the installation of an adequate three wire, 120/240 volt, single phase, alternating current electrical power connection to the traffic control signals and integral streetlights included in said Project at the sole cost and expense of the Cities. Further, the Cities shall provide the electrical. energy for the operation of said traffic control signals and integral street lights at the sole cost and expense of the Cities. XIV The Cities shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signals, however, nothing herein shall prohibit prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signals maybe directly involved in an emergency. XV Upon completion of this Project, the County shall thereafter maintain and repair the traffic control signal systems installed as part of said Project including all components of the Emergency Vehicle Preemption (EVP), all at the sole cost and expense of the County. Further, the County, at its expense, shall maintain 110 volt power to the line side of the fuse in the junction box of the signal poles for the integral street lights. The Cities, at its expense, shall maintain the fuse, the luminaire and the wire to the load side of the fuse in the junction box of the signal poles. The EVP Systems installed as part of said Project shall be installed, operated, maintained or removed in accordance with the following conditions and requirements: (1) .Emitter units maybe installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03. The Cities will provide the County Engineer or his duly appointed representative a list of all such vehicles with emitter units. . (2) Malfunctions of the EVP Systems shall be reported to the County immediately. -6 - ~~L • Agreement No. PW 11-19-O1 CSAH 32; C.P. 0021 (3) In the event said EVP Systems or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by the Cities of written notice thereof from the County, the County shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads and indicator-lamps and all other components shall become the property of the County. (4) All timing of said EVP Systems shall be determined by the County. XVI Detouring of traffic from CSAH 32 will be necessary during construction of the Project. All traffic restrictions utilized on CSAH 32 shall be in accordance with the Minnesota Manual on Uniform Traffic Control Devices. (IVIMi1TCD). The County will not be responsible for any repair costs of any roadways used as a detour for said Project. • XVII Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof. The County's and the Cities liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City of Richfield each warrant that they are able to comply with the foregoing indemnity requirements through an insurance or self-insurance program. The City of Richfield also agrees that any contract let by the City of Richfield or its agents for the performance of the work on County State Aid Highway No. 32 as provided herein shall include. clauses that will: 1) Require the Contractor to defend, indemnify, and hold the County, its officials, officers, agents and employees harmless from any liability, causes of action, judgments, damages, losses, costs or expenses including, without limitation,-reasonable attorneys' fees, arising out of or by reason of the acts and/or omissions of the said Contractor, its officers, employees, agents or subcontractors; 2) Require the Contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement; and 3) Require the Contractor to provide and maintain insurance in accordance with the following: 1. Commercial General Liability on an occurrence basis with • Contractual Liability and Explosion, Collapse and Underground Property Damage (XCi~ Liability coverages: 7 - ~~-- Agreement No. PW 11-19-01 CSAH 32; C.P. 0021 Limits General Aggregate $1,000,000 Products--Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence -Combined Bodily Injury and Property Damage $1,000,000 Hennepin County shall be named as an additional insured for the Commercial General Liability coverage with respect to operations covered under this Agreement. 2. Automobile Liability: Combined Single limit each occurrence coverage or the equivalent covering owned, non-owned, and hired automobiles: $1,000,000 3. Workers' Compensation and Employer's Liability: • A. Workers' Compensation Statutory If the Contractor is based outside the State of Minnesota, coverages must apply to Minnesota laws. B. Employer's Liability -Bodily injury by: Accident -Each Accident $100,000 Disease -Policy Limit $500,000 Disease -Each Employee $100,000 An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The. above subparagraphs establish minimum insurance requirements. It is the sole responsibility of the City of Rich£eld's Contractor to determine the need for and to procure additional insurance which maybe needed in connection with said Project. All insurance policies shall be-open to inspection by the County and copies of policies shall be submitted to the County upon written request. XVIII • It is further agreed that any and all employees of the City of Richfield and all other persons - 8 - ~l- • Agreement No. PW 11-19-01 CSAH 32; C.P. 0021 engaged by the City of Richfield in the performance of any work or services required or provided for herein to be performed by the City of Richfield shall not be considered employees of the County, and that any and all claims that may or-might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all. claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein-shall in no way be the obligation or responsibility of the County. It is further agreed that any and all employees of the City of Bloomington and all other persons engaged by the City of Bloomington in the performance of any work or services required or provided for herein to be performed by the City of Bloomington shall not be considered employees of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services. provided. to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and .all employees of the County and all .other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the Cities, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the Cities. XIX In order to coordinate the services of the County with the activities of the Cities so as to accomplish the purposes of this Agreement, the Hennepin County Engineer or his designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the Cities. In order to coordinate the services of the Cities with the activities of the County so as to accomplish the purposes of this Agreement, the respective City's Public Works Director or his designated representative shall manage.this Agreement on behalf of the Cities and serve as liaison between the Cities and the County. • • Agreement No. PW 11-19-01 CSAH 32; C.P. 0021 XX It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto, XXI • The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin. County shall be considered a part of this agreement as though fully set forth herein. (This space left intentionally blank) • -10 - ~i~;~~-- Agreement No. PW 11-19-01 • CSAH 32; C.P. 0021 IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF RICHFIELD OF RICHFIELD By: Mayor Date: And: Manager Date: CITY OF BLOOMINGTON By: Mayor Date: And: Manager Date: • - 11 - ~L • Agreement No. PW 11-19-01 CSAH 32; C.P. 0021 COUNTY OF HENNEPIN • • ATTEST: By: Deputy/Clerk of the County Board Date: APPROVED AS TO FORM: B. s stant County Attorney Date: ~ ~ APPROVED AS TO EXECUTION: By: Assistant County Attorney Date: By: Chair of its County Board Date: And: AssistantlDeputy/County Administrator Date: And: .Assistant County Administrator, Public Works and County Engineer Date: RECOMMENDED FOR APPROVAL By: Director, Transportation Department Date: -12 - F ~ I~ ~~` C w ~, ~ ~/~ "..~ fn ~~ ~ L ~ - - 3Atl NN3d i O _ ~ - Q 7 _ ~ ~ -~ z `_ z 1 -~ ~J ~, w - ; ~ , ~ ~- ~_ AGENDA SECTION: PUBLIC HEARING AGENDA ITEM # 6 REPORT # 141 • J STAFF REPORT CITY COUNCIL MEETING JUNE 11, 2001 • REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: JOHN OLINGER, COMMUNITY DEVELOPMENT SPECIALIST NAME, TITLE BRUCE PALMBORG, ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of a transitory ordinance authorizing the sale of the property at 7039 Fifth Avenue South to the Housing and Redevelopment Authority for rehabilitation. RECOMMENDED ACTION: Conduct and close the public hearing and by motion:- Approve second reading of the attached transitory ordinance authorizing the sale of 7039 Fifth Avenue South to the Housing and Redevelopment Authority. III. BACKGROUND ~ On April 23, 2001, the City Council authorized the acquisition of 7039 Fifth Avenue South and held the first reading of a transitory ordinance authorizing the sale of the property to the Housing and Redevelopment Authority (HRA). Federal Community Development Block Grant (CDBG) funds will be used to acquire the property. Upon sale to the HRA, the structure will be demolished. Hennepin Technical College will then build a new structure, which will be available for sale to an income-qualified, first-time homebuyer. To fully utilize the federal funding for acquisition, the City must purchase the property and subsequently transfer it to the HRA to resell at the appropriate time.. 0611-7039Fifthave COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE The City could acquire the property in June. Following acquisition by the City, the City and HRA would enter into a purchase. agreement for $1.00. The purchase agreement would be contingent on publication of the transitory ordinance. Sale of the property to the HRA would occur 30 days after publication of the ordinance. The HRA would be responsible for any holding or maintenance costs incurred at the property after acquisition by the City. The existing house on the property is a 600-square-foot, single-story,house with detached garage. The owner of the house was ordered to sell the property as part of a private party settlement agreement. The lot is 50 ft. by 144 ft. III. BASIS OF RECOMMENDATION A. POLICY • The purchase of a poor quality property using CDBG funds and subsequent sale to the HRA to provide an affordable housing opportunity using Hennepin Technical College students for construction of a new house is a successful process, which has been followed for several years. • The City Council authorized the acquisition of 7039 Fifth Avenue South on April 23, 2001 for conveyance to the HRA. • In April the HRA authorized purchase of the property from the City. • City-owned property requires a public hearing and the adoption of a transitory ordinance to effectuate a sale. • B. CRITICAL ISSUES • A poor quality house will be replaced by a new home. C. FINANCIAL • Funds have been budgeted for acquisition and rehabilitation from federal CDBG funds and proceeds of sale to the end buyer. The CDBG funds must be utilized for this purpose and the site must be used to provide a new home for an income-qualified buyer. D. LEGAL • Notice of public hearing was published in the Sun-Current on May 10, 2001. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not conduct the second reading of the transitory ordinance. V. ATTACHIViENTS • Transitory ordinance • VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A BILL NO. • TRANSITORY ORDINANCE NO. AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY-OWNED REAL PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA (7039 Fifth Avenue South) THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The following described real property located in the City of Richfield, County of Hennepin, State of Minnesota, is hereby authorized to be sold, transferred or otherwise disposed of and conveyed by the City as herein provided: Lot 30 & 31, Block 1, Savage's Addition, Hennepin County, Minnesota, and having the street address of 7039 Fifth Avenue South, Richfield, Minnesota Section 2: The Mayor and City Manager are hereby authorized to take all action as is required to sell, transfer, or otherwise dispose of and convey the real property described in the foregoing Section 1, including, by way of illustration and not limitation, the execution of all documents, purchase agreements, deeds or conveyance, and other instruments connected with such sale, transfer or disposition and conveyance. • Passed this 11th da of June, 2001 by the Richfield City Council. Y Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk .7 • AGENDA SECTION: CONSENT AGENDA ITEM # 5M REPORT # 14 ~ STAFF REPORT CITY COUNCIL MEETING ,1 '' JUNE 11, 2001 REPORT PREPARED BY: BETSY CxRISTENSEN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE • DEPARTMENT DIRECTOR REVIEW: ~, REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of an annual request for a temporary on-sale 3.2 percent malt liquor license, with a request for a fee waiver, for activities scheduled to take place on July 4, 2001 for Minnea olis-Richfield American Le ion Post 435, 6501 Portland Avenue. I. RECOMMENDED ACTION: By Motion: Approve an on-sale 3.2 percent malt liquor license, with a fee waiver, for the Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue, for activities scheduled to take place on July 4. 2001. II. BACKGROUND On May 29, 2001, the Minneapolis-Richfield American Legion Post 435 submitted their annual request for a temporary license to serve on-sale 3.2 percent malt liquor for Fourth of July activities. They are requesting that any fee be waived. This request is in conjunction with the Richfield Fourth of July Celebration organized • by the Fourth of July Committee. The Legion plans to have an open house and community dance outside on their property, and they would like to serve refreshments, including beer. Their current liquor license is only valid for the serving of alcohol within the establishment and does not cover the exterior serving. 0611 LegionFourth of July Proof of liquor liability insurance coverage to cover the exterior of their property has • been provided, showing CGU Insurance as affording the coverage. III. BASIS OF RECOMMENDATION _~ A. POLICY The applicant has complied with the City codes pertaining to a temporary on-sale 3.2 percent malt liquor license. The City has previously issued temporary on-sale 3.2 percent malt liquor licenses in conjunction with the Fourth of July Celebration. B. CRITICAL ISSUES The sale of 3.2 percent malt liquor will cease no later than midnight. The applicant has hired a professional security organization to oversee all hours of operation for this event. • There have been no alcohol-related incidents in the past for this event. C. FINANCIAL N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ Deny the request of a temporary 3.2 percent malt liquor license. This would result in the applicant not being able to conduct activities, especially those concerning the temporary sale 3.2 percent malt liquor, in conjunction with the Fourth of July Celebration. However, the Public Safety Department has not found any basis for denial V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Roger Wysong, Legion Manager, has been notified of the date for Council consideration of this request. LJ • AGENDA SECTION: CONSENT AGENDA ITEM # S L REPORT # 139 STAFF REPORT CITY COUNCIL MEETING " '~ JUNE 11, 2001 REPORT PREPARED BY: NAME, TITLE REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BETSY CHRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER DAN SCOTT, DIRECTOR OF PUBLIC SAFETY ITEM FOR COUNCIL CONSIDERATION: Consideration of an annual request for a community celebration event license and a temporary on-sale 3.2 percent malt liquor license, with a request for a fee waiver, for the Fourth of July Committee for events scheduled to take place at Veterans Memorial Park, June 28 through Julv 5, 2001. I. RECOMMENDED ACTION: By Motion: Approve a community celebration event license and a temporary on-sale 3.2 percent malt liquor license, with a fee waiver for the Fourth of July Committee for the annual events scheduled to take place June 28 through Jul 5, 2001. II. BACKGROUND Each year the Fourth of July Committee makes application for a community celebration event license and requests that the fee be waived for the activities that take place throughout the City. This year's events are scheduled on June 28 through July 5, 2001. As in the past two years, they have also included a request for a temporary on-sale 3.2 percent malt liquor license that would allow them to serve beer and wine coolers 0611 Fourth of July Committee NAME, TITLE at Veterans Memorial Park during the July 3 activities. They have provided proof of liquor liability insurance to cover this event. A detailed activity plan of the days' events is currently on file. A copy of the committee's bylaws and articles of incorporation are also on file. The food concessions will be staffed by members of various organizations, most of which have been with the committee since the celebration began. The committee has contacted food sanitarians from the City of Bloomington to ensure that proper food handling practices are followed. They will work with Bloomington sanitarians and follow their recommendations for safe and wholesome food handling. In addition, each individual concessionaire has been approved by Duane Hudson of the Bloomington Health Department. All fees for each professional concession have been received. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of the City application process and meets the requirements for fee waiver. B. CRITICAL ISSUES • Public Safety Police Officers have been hired by the Fourth of July Committee to patrol the area for this event. • -There have been no alcohol-related incidents in the past for this event. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request of a community celebration event license and an on-sale 3.2 percent malt liquor license. This would result in the applicant not being able to conduct activities, especially those concerning food preparation and temporary on-sale 3.2 percent malt liquor sales, on June 28 through July 5, 2001. V. ATTACHMENTS • None . VI. PRINCIPAL PARTIES EXPECTED AT MEETING • John Bjostad, President of the Fourth of July Committee, has been notified of the date for Council consideration of this request. Ir l~_J AGENDA SECTION AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING • • `~~"~" JUNE 11, 2001 CONSENT 5K 138 REPORT PREPARED BY: BARRY FRITZ, POLICE CAPTAIN NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ® ~~ 11~ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution adopting the Joint and Cooperative Agreement For Use Of Law Enforcement Personnel and E ui ment of Jul 1, 2001. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution that enables the Richfield Public Safety Department to participate in a Joint Powers Agreement .(mutual aid pact), between the police agencies within Hennepin County. This agreement, effective July 1, 2001, preempts the previous Hennepin County Mutual Aid Agreement. last updated in 1990. II. BACKGROUND Police agencies typically enter into Joint Powers Agreements that enable them to utilize resources from other police agencies in times of need. The police agencies within Hennepin County have such an Agreement, but it was last updated in 1990. A Hennepin County Mutual Aid Pact Committee recently updated the Agreement. The new Agreement will take effect on July 1, 2001 and will replace the previous agreement. All agencies wishing to be members of the Agreement must have their City Councils approve a resolution stating same by July 1, 2001. 0611 PoliceMutualAidResolution III. BASIS OF RECOMMENDATION A. POLICY • Previous Hennepin County Mutual Aid Agreement replaced with new agreement, effective July 1, 2001. B. CRITICAL ISSUES Any Police agency has limited resources. When an agency does not have adequate resources to handle a particular situation, they must draw upon the resources. of other police agencies. Due to jurisdiction issues, there must be an Agreement in place that allows for the use of resources across jurisdictional boundaries. Without the Agreement, Richfield Police could not utilize the resources of other agencies in a time of need. C. FINANCIAL • None D. LEGAL • The Agreement is made pursuant to Minnesota Statutes, Section 471.59, which authorizes the joint and cooperative exercise of powers common to the Parties. The Agreement gives personnel-from participating agencies the legal authority to operate outside their jurisdictions when requested to do so by authorized persons from other agencies. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the resolution. V. ATTACHMENTS • The Joint Powers Agreement Resolution • Joint Powers Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • RESOLUTION NO. RESOLUTION AUTHORIZING THE ADOPTION OF THE JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT, DATED JULY 1, 2001 WHEREAS, the City of Richfield, Department of Public Safety, has previously approved and participated in a mutual aid agreement between the police agencies within Hennepin County to provide cooperative use of police personnel and equipment; and WHEREAS, such agreement was most recently approved by the Council in May of 1990; and WHEREAS, the participating governmental units have determined that it is advisable to clarify and update the language of that agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, as follows: 1. That the revised Joint and Cooperative Agreement For Use of Law Enforcement Personnel and Equipment ("Agreement"), dated July 1, 2001, from the Hennepin County Chief's of Police Association, involving the Richfield Public Safety Department and other police agencies within Hennepin County be approved; 2. That the Richfield Department of Public Safety is withdrawing from the previous Hennepin County Mutual Aid Agreement on the effective date in the new Agreement; and, 3. That Dan Scott, Director of Public Safety, is authorized and directed to execute said Agreement on behalf of the City of Richfield, Department of Public Safety as a participating member of the Agreement. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of June, 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT GENERAL PURPOSE The general purpose of this Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment ("Agreement") is to provide a means by which a Party to this Agreement may request and obtain Law Enforcement Assistance from other Parties when the Party deems such assistance necessary. This Agreement is made pursuant to Minnesota Statutes, Section 471.59, which authorizes the joint and cooperative exercise of powers common to the Parties. II. .DEFINITION OF TERMS For the purposes of this agreement, the terms defined in this section shall have the meanings: Subd. 1. "Eligible Party" means a governmental unit that is permitted to become a Party to this agreement, at its own option. The Eligible Parties are the County of Hennepin and every governmental unit authorized to exercise police powers within the County of Hennepin, State of Minnesota. Subd. 2. "Law Enforcement Assistance" means equipment and personnel, including but not limited to, licensed peace officers and non-licensed personnel. Subd. 3. "Party" means a governmental unit that elects to participate in this Agreement. Subd. 4. "Requesting Official" means a person who is designated by the Requesting Party to request Law Enforcement Assistance from other Parties. Subd. 5. "Requesting Party" means a Party that requests Law Enforcement Assistance from other Parties. Subd. 6. "Sending Official" means a person who is designated by a Party to determine whether and to what extent that Party should provide Law Enforcement Assistance to a Requesting Party. Subd. 7. "Sending Party" means a Party that provides Law Enforcement Assistance to a • ~ Requesting Party. Subd. 8. "Sheriff" means the Hennepin County Sheriff or designee. III. PARTIES The Parties to this Agreement shall consist of as many Eligible Parties that approve this Agreement and execute a separate signature page to become Parties. Upon approval, the executed signature page of this Agreement shall be sent to the Sheriff along with a certified copy of the documentation evidencing approval. Approval of this Agreement by a Party shall be evidenced by: • for a municipality, a resolution adopted by the governing body, or • for anon-municipality, a resolution adopted by the governing body or a letter executed by an official with sufficient authority to bind that party which recites the basis of that authority. IV. PROCEDURE Subd. 1. Each Party shall designate, and keep on file with the Sheriff, the name of the person(s) of that Party who shall be its Requesting Official and Sending. Official. A Party may designate the same person as both the Requesting Official and the Sending Official. Also, a Party may designate alternate persons to act in the absence of an official. Subd. 2. Whenever, in the opinion of a Requesting Official of a Party, there is a need for Law Enforcement Assistance from other Parties, such Requesting Official may, at their discretion, call upon the Sending Official of any other Party to furnish Law Enforcement Assistance to and within the boundaries of the Requesting Party. Subd. 3. Upon the receipt of a request for Law Enforcement Assistance from a Party, the Sending Official may authorize and direct personnel of the Sending Party to provide Law Enforcement Assistance to the Requesting Party. Whether the Sending Party provides such Law Enforcement Assistance to the Requesting Party and, if so, to what extent such Law Enforcement Assistance is provided shall be determined solely by the Sending Official (subject to such supervision and direction as may be applicable within the governmental structure of the Party by which they are employed). Failure to provide Law Enforcement Assistance will not result in liability to a Party. Subd. 4. When a Sending Party provides Law Enforcement Assistance under the terms of this agreement, it may in turn request Law Enforcement Assistance from other Parties as "back-up" during the time that such Law Enforcement Assistance is provided. • Subd. 5. Whenever a Sending Party has provided Law Enforcement Assistance to a Requesting Party, the Sending Official may at any time recall such Law Enforcement Assistance or any part thereof, if the Sending Official in their best judgment deems such recall necessary to provide for the best interests of their community. Such action will not result in liability to any Party. Subd. 6. The Requesting Party shall be in command of all situations where Law Enforcement Assistance is requested. The Sending Party shall coordinate with the Requesting Party the Law Enforcement Assistance that it provides. Subd. 7. When a Sending Party supplies personnel to a Requesting Party, such personnel shall remain under the direction and control of the Sending Party; shall be subject to the policies and procedures of the Sending Party; shall be paid by the Sending Party; shall be protected by the worker's compensation of the Sending Party; and shall otherwise be deemed to be performing their regular duties for the Sending Party. Subd. 8. A Sending Party shall be responsible for its own personnel, equipment, and supplies and for injuries or death to any such personnel or damage to any such equipment or supplies. Unused equipment and supplies shall be .returned to the Sending Party by the Requesting Party when circumstances permit. Each party waives the right to sue any other Party for any worker's compensation benefits paid to its own employee or volunteer even if the injuries were caused wholly or partially by the negligence of any other Party, its officers, employees or volunteers. Subd. 9. A Sending Party shall demand no charges or costs for Law Enforcement Assistance rendered under this Agreement. V. LIABLITY The Requesting Party shall not be responsible for any injuries, losses or damages to persons or property arising out of the acts of any of the personnel of a Sending Party nor shall the Sending Party be responsible for any injuries, losses or damages arising out of the acts of any personnel of the Requesting Party or the personnel of any other Sending Party. No Party shall be responsible for injuries, deaths, losses or damages arising out of the actions of Law Enforcement Personnel of any other Party. By entering into this Agreement, the Parties are not waiving any provisions or liability limitations established in Chapter 466, Minnesota Statutes. • For purposes of efficiency and similar interests, any Party to this Agreement may enter into an agreement with another Party for defending any claim arising out of the Parties' participation in mutual aid. VI. EFFECTIVE DATE This Agreement shall become effective and operative beginning July 1, 2001, 12:01 A.M., local time, for those Eligible Parties that have provided resolutions and executed documents to the Sheriff by that date. An Eligible Party may join the Agreement after July 1, 2001, by providing the necessary documents. to the Sheriff. This Agreement shall continue in force until a Party or this Agreement terminates under the provisions of Section VII. Upon the beginning date of this Agreement or any time after the beginning date that an Eligible Party joins, this Agreement shall supersede, replace and void for the Party the Joint and Cooperative Agreement for Use of Police Personnel and Equipment, dated 1968, that provides for mutual aid. The Sheriff shall maintain a current list of the Parties to this Agreement and, whenever there is a change, shall notify the designated Sending Officials. The Sheriff shall send a copy of each Party's executed signature page to all Parties of this Agreement. VII. WITHDRAWAL AND TERMINATION A Party may withdraw at any time upon thirty (30) days' written notice to the Sheriff. The Sheriff shall thereupon give notice of such withdrawal, and of the effective date thereof, to all other parties. Parties that have withdrawn may rejoin after executing the appropriate resolution and document. This Agreement will terminate when the number of Parties to the Agreement falls below eleven (11). End of Agreement r 1 r ~ U AGENDA SECTION: CONSENT AGENDA ITEM # 5 J REPORT # 13 ] J STAFF REPORT CITY COUNCIL MEETING JUNE 11, 2001 • REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ~' PERRY THORVIG, COMMUNITY DEVELOPMENT SPECIALIST NAME, TITLE BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution approving a .Stipulation of Final Settlement on Parcel 22, 6529 Cedar Avenue. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution approving the Stipulation of Final Settlement on Parcel 22, 6529 Cedar Avenue. III. BACKGROUND Parcel 22 (Brisson), 6529 Cedar Avenue, is one of thirty parcels along Cedar Avenue and 66th Street that is being purchased for the realignment and expansion of the Trunk Highway 77 and East 66th Street Interchange. This parcel was originally appraised at $193,525, including fixtures and real estate. The proposed settlement amount is $216,665. Robert Lindall, City legal counsel at Kennedy & Graven, opines this proposed settlement is reasonable and if not accepted the condemnation process could result in a higher number. Therefore, he recommends that the City authorize the $216,665 payment. • 0611 brissonstipulation NanrE, TITLE III. BASIS OF RECOMMENDATION • A. POLICY • The subject property has been identified for purchase for the project. • The Memorandum of Understanding between the City, the Minnesota Department of Transportation (MnDOT), and the Metropolitan Airport Commission (MAC), approved by the Council on February 28, 2000, outlines the responsibilities for each participating agency. • An agreement between the City and MAC, dated February 28, 2000, allows the use of condemnation proceedings as a means of acquiring property. • In accordance with the agreement, MAC is responsible for approving and recommending to the. City just compensation and condemnation settlement payments with property owners. B. CRITICAL ISSUES • Approval of the Stipulation of Final Settlement for the Brisson property would prevent the need for further condemnation proceedings for this property. C. FINANCIAL • MAC is obligated to fund this transaction. • MAC has approved this final settlement amount. D. LEGAL • The Stipulation of Final Settlement was prepared by Robert Lindall and approved by MAC and the Brissons. E. TIMING • Upon Council approval of the final settlement, payment will be made to the owner within ten days. The property has already been vacated. IV. ALTERNATIVE RECOMMENDATION~S~ • Do not accept the final settlement amount. V. ATTACHMENTS • Resolution authorizing the City to enter into a .Stipulation of Final Settlement. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A .7 RESOLUTION NO. • RESOLUTION AUTHORIZING EXECUTION OF A STIPULATION OF FINAL SETTLEMENT FOR 6529 CEDAR AVENUE (66TH STREET/TRUNK HIGHWAY 77 INTERCHANGE PROJECT) WHEREAS, the City of Richfield, Minnesota desires to purchase certain real property pursuant to and in furtherance of the 66th Street/Trunk Highway 77 Interchange Project (the "Project") heretofore adopted by the City of Richfield (the "City") said real property being described as follows: Lot 8, Block 1, New Ford Town, Hennepin County, Minnesota Together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto; and WHEREAS, the. City Council has adopted a layout for Project improvements; and WHEREAS, the Project improvements necessitate the purchase of real property; and WHEREAS, the City is authorized by Minnesota Statutes to acquire real property within its corporate boundaries; and • WHEREAS, the Metropolitan Airports Commission (MAC) is initially funding the Project; and WHEREAS, the City has caused appraisals for the subject property to be made by qualified independent professional appraisers to determine fair market value of real estate and immovable fixtures and equipment appurtenant thereto; and WHEREAS, a qualified review appraiser has certified the appraisal reports as being in conformity with appraisal standards; and WHEREAS, a qualified fixture review appraiser has certified the fixture appraisal report as being in conformity with appraisal standards; and WHEREAS, MAC has reviewed all appraisal reports and review appraisal reports prepared for the subject property and has recommended that the just compensation for the real estate be determined by the City Council to be $193,525; and WHEREAS, on July 24, 2000, the City Council approved just compensation for the real estate in the amount of $193,525 including immovable fixtures and equipment appurtenant thereto and did make an offer to the property owner in said amount; and WHEREAS, the City Council authorized condemnation of the subject property on August 14, 2000, such proceedings were commenced on behalf of the City by the city attorney; and WHEREAS, the city attorney has reached a settlement with the property owner in • the amount of $216,665 and MAC has concurred with the terms of final settlement. NOW, THEREFORE, BE IT RESOLVED. by the City Council of the City of Richfield, Minnesota as follows: 1. That the proposed settlement amount of $216,665 is hereby approved. 2. That the city manager and mayor are authorized to execute the Stipulation of Final Settlement and take all other actions necessary to complete the obligations of the City pursuant to its terms. 3. That the city attorney is authorized to take all actions necessary to complete the obligations of the City pursuant to the .Stipulation of Final Settlement. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of June, 2001. Martin J. Kirsch, Mayor • ATTEST: Nancy Gibbs, City Clerk • AGENDA SECTION: • AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING JUNE 11, 2001 CONSENT SI 136 REPORT PREPARED BY: • REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: TIM TOPITZHOFER, RECREATION SERVICES DIRECTOR Na~uc, TizLs TIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TrTrc d r~' ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract to Flanagan Sales for the construction of an open-sided picnic shelter at' Fairwood Park. I. .RECOMMENDED ACTION: By Motion: Award the attached contract to Flanagan Sales in the sum of $22,279.00 for the construction of an open-sided picnic shelter at Fairwood Park. III. BACKGROUND ~ In response to neighborhood feedback, staff incorporated the construction of an open- sided picnic shelter at Fairwood Park into the capital improvement plan. • Shelter replacement recommendations were determined through- neighborhood meetings, adoor-to-door neighborhood survey, and action with the Community Services Commission. Recommendations include installing an open picnic shelter and drinking fountain each at Fairwood Park and Monroe Park, remove the existing Monroe Shelter from the site, and install bituminous paths to the new shelters. 0611 fairwood A Request for Proposal (RFP) was advertised for the construction of the shelter and four vendors responded. Criteria used by the Selection Committee to select a shelter proposal included review of specifications, price, delivery, warranty, and reference checks. Polygon Park Architecture, the product offered by Flanagan Sales, meets or exceeds the specifications called for in the Request for Proposal. Flanagan Sales offered the lowest price quote, and has a faster delivery than the other submitted proposals. Polygon shelters carry afive-year warranty and scored excellent in the reference checks. III. BASIS OF RECOMMENDATION • The project was approved as part of the 2001 Capital Improvement Budget for an amount up to $175,000.00, and will be funded by special revenue. This amount was later revised to $102,500.00 and was submitted in the Revised 2001 Capital Improvement Budget. Unused funding for this project will remain in the Special Revenue Fund or will be applied to the purchase of an additional open picnic shelter to be considered m Capital Improvement Budget for 2002 for another park. B. CRITICAL ISSUES N/A C. FINANCIAL • Project cost estimates are as follows: • Fairwood Shelter materials, bond and installation $22,279.00 Monroe Shelters materials, bond and installation .$16,683.55 Demolition of existing shelter $8,000.00 Concrete Pads $12,000.00 Bituminous Paths $4,000.00 Drinking Fountains $6,000.00 Site Preparation and Engineering 4 000.00 Total $72,962.55 D. LEGAL • N/A ~ IV. ALTERNATNE RECOMMENDATION(S) ~ • Council may choose to award the contract to another bidder. However, the selection committee selected Flanagan Sales based on the objective criteria defined in the project RFP. V. ATTACHMENTS • Proposed contract between th • Flanagan Sales Quotation • Proposal Evaluations • Fairwood Park Shelter Design • and Flanagan Sales, Inc. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. CITY OF RICHFIELD HENNEPIN COUNTY, MINNESOTA CONTRACT FOR MUNICIPAL CONSTRUCTION City .Project No. 404-40-746 Contract No. 01-06 Class of Work: Construction of Open-Sided Picnic Shelter at Fairwood Park THIS AGREEMENT made this June 11, 2001, between the City of Richfield, Minnesota, acting by and through its Mayor and City Manager, herein called the "City," and Flanagan Sales, herein called the "Contractor," witnesseth; that the Contractor, in consideration of the payment of the contract price therefore, amounting substantially to Twenty-two thousand, two-hundred, seventy-nine and 0/100 Dollars ($22,279.00), agrees to furnish all materials (except such as are. specified to be furnished by the City, if any), all necessary tools and equipment, and to do and perform all the necessary work and labor for the full completion of city projects as follows: Construction of Open-Sided Picnic Shelter at Fairwood Park as detailed in the approved Request for Proposal and the proposal submitted by Contractor,.for the price and compensation set forth. and specified in the Request for Proposal, which is hereto attached and hereby made a part of this Agreement, all in accordance with the plans, • specifications and special provisions therefor on file in the office of the Recreation Services Department,. City of Richfield, and hereby made a part of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The Contractor agrees that the work shall be done and performed in the best and most workmanlike manner; that all materials and labor shall be in strict conformity in every respect with the plans, specifications and special provisions for the improvement, shall be subject to inspection and approval of the Richfield Recreation Services Director and in case any material or labor supplied shall be rejected by the Richfield Recreation Services Director as defective or unsuitable, then such rejected material shall be removed and replaced with approved material and the rejected labor shall be done anew to the satisfaction and approval of the Richfield Recreation Services Director and at the cost and expense of the Contractor. Page 2 CITY OF RICHFIELD, HENNEPIN COUNTY, MINNESOTA CONTRACT FOR MUNICIPAL CONSTRUCTION City Project No. 404-40-746 Contract No. 01-06 Class of Work: Construction of Open-Sided Picnic Shelter at Fairwood Park It is distinctly understood and agreed that no claims for extra work done or materials furnished by the Contractor will be allowed by the City except as provided herein, nor shall the Contractor do any work or furnish any materials not covered by the plans, specifications, special provisions and this Agreement unless such work is first ordered in writing as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being given shall be at his own risk, cost and expense and he hereby agrees that without such written order he will make no claim for compensation for work or materials so done or furnished. It is further agreed, anything to the contrary notwithstanding, that the City of Richfield, City Council and its agents or employees shall not be personally liable or responsible in any manner • to the Contractor, Subcontractors, materialmen, laborers or to any person. or persons whomsoever for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and improvement provided herein. Dated at Richfield, Minnesota, this Signatures for Flanagan Sales ("Contractor") gY Its Signatures for the City of Richfield, Minnesota("City") By Its Mayor BY Its City Manager U • SPECIFICATION REVIEW FOR FAIRWOOD & MONROE SHELTERS 1. Shelter size shall be 28 feet diameter, post to post for Fairwood, 24' square for Monroe. Fairwood Monroe Earl F. Anderson Y Y Flanagan Y Y Miracle Y Y St. Croix Y Y 2. Design loads shall be a minimum of 40 pounds per square foot snow load, a minimum 80 mile per hour wind speed (exposure B), and conform to all Richfield -and Minnesota State Building Codes. Earl F. Anderson 40 - 100, applicable zone Flanagan 40 - 80, zone 4 Miracle 40 - 80 St. Croix 40 - 80 3. Structural framing shall. be made of powder-coated structural steel tubing. All frame members shall be sand blasted to a white finish removing all rust, scale, oil, and grease. Framing shall be a minimum ASTM 500 grade b and sized according to engineering. Framing shall be factory primed with zinc-rich primer, minimum of 3-mil thickness. Framing shall be finished with powder coat finish of TGIC polyester, minimum 3-mil thickness. I-beams, angle iron, tapered columns, open or welded channels, or wood products will not be accepted. ASTM 500 grade b, .frame thickness, zinc primer & thickness, . Earl F. Anderson Y .12" Y 3 mil Flanagan Y ? Y 3 - 6 mil Miracle Y .125" ? ? St. Croix Y .188" Y 3 - 6 mil Powder coat finish TGIC polyester & thickness, tubes only Earl F. Anderson Y Y 3 mil Y Flanagan Y Y 3- 6 mil Y Miracle Y Y ? Y St. Croix Y Y 3- 6 mil Y 4. Metal roofing shall be a minimum of 24 gauge painted steel with ribs and panels to run with the pitch of the roof for proper drainage. Roofing thickness Proper Ribs & Panels Zincalume/Galvalume Earl F. Anderson 24 Y Y Flanagan 24 Y Y Miracle 24 ~' Y St. Croix 24 Y Y 5. Roof pitch shall be 8:12 for Fairwood, 6:12 for Monroe Fairwood Monroe Earl F. Anderson Y Y Flanagan Y 5:12 • Miracle 4:12 4:12 St. Croix Y Y 1. Metal trim .shall be formed with a minimum 24 gauge painted steel and hemmed at both sides. Trim should match the color of roof. Trim thickness Hemmed Color match Earl F. Anderson 24 Y Y Flanagan 26 Y Y Miracle ? ? Y St. Croix 24 N Y 2. The structural plans and specifications must be designed and certified by a structural engineer licensed in the State of Minnesota. Earl F. Anderson Y Flanagan Y Miracle Y St. Croix Y 3. Written assurance that the shelter design is in accordance to American Institute of Steel Construction (AISC) specifications for all members, the American Iron and Steel Institute (AISA) specifications for cold-formed members, the structural welding code of the American Welding Society (AWS) specifications for all welds, and other applicable state and federal requirements will be required from each proposer prior to contract initiation. AISC AWS .Earl F. Anderson Y Y Flanagan Y Y Miracle did not submit St. Croix did not submit 10. Written assurance that pad forks and other precautions will be used when unloading and handling materials on site, steel is cleaned and scratches touched up before installing roof deck, and chips and scratches on powder coat is repaired to City's satisfaction. Earl F. Anderson Y Flanagan. Y Miracle did not submit St. Croix did not submit 11. Insurance Requirement Documents Earl F. Anderson Y Flanagan Will provide with- order, has 1, 000, 000 coverage Miracle did not submit St. Croix Y COST/VALUE REVIEW FOR FAIRWOOD & MONROE SHELTERS • Quotes for Fairwood: Materials Installation Freight Sales Tax Perf, Bond Building Permit Engineer Cert. Earl F Anderson 19,234 10,020 1,486 1,282 Included Not Included 490 Total Flanagan 14,959 6, 395 Included Included 275 Not Included 650 Flanagan 14,959 6,395 Included Included 176 Not Included 650 32,514 22,279 27,830 Quotes for Monroe: Materials Installation Freight Sales Tax Perf, Bond Building Permit Engineer Cert. Earl F Anderson 19,234 10,020 1,680 622 Included Not Included Included Total Miracle 16,710 8,865 669 1, 086 Not Included 500 Miracle 16,710 8, 865 499 511 Not Included 500 17,040 16,683.55 17,736 St. Croix 25,306 Included Included Included Included Included Included 25,306 St. Croix 25,306 Included Included Included Included Included 16, 750 DELIVERY REVIEW FOR FAIRWOOD & MONROE SHELTERS Earl F. Anderson 8 - 10 weeks delivery Flanagan 6 - 8 weeks delivery Miracle 8 - 12 weeks delivery St. Croix 8 - 10 weeks delivery WARRANTY REVIEW FOR FAIRWOOD & MONROE SHELTERS Structure: Earl F. Anderson Flanagan Miracle St. Croix • Roof: Earl F. Anderson Flanagan Miracle St. Croix 5 years 5 years 5 years 5 years 20 years 5 years (is warranted by a separate manufacture) 5 years 5 years • REFERENCE REVIEW FOR FAIRWOOD & MONROE SHELTERS Are you satisfied with the overall design and appearance of your shelter? Earl F. Anderson Y Y Y Flanagan Y Y Y Miracle St. Croix Y Y Was your shelter installed within your time expectation? Earl F. Anderson N/A N/A N/A Flanagan N/A N/A N/A Miracle St. Croix N/A N/A Were there any complications in the installation of your shelter? If so, what? Earl F. Anderson N/A N/A N/A Flanagan N/A N/A N/A Miracle St. Croix , N/A N/A Does your shelter appear to be designed to handle normal park use? • Earl F. Anderson Y Y Y Flanagan Y Y Y Miracle St. Croix Y Y Would you recommend the City of Richfield purchase a shelter from the same vendor? Earl F. Anderson Y Y Y Flanagan Y Y Y Miracle St. Croix Y Y COMMENTS: EFA Very little maintenance/worries, recommends wood under metal roof. Flanagan People love them, frames are excellent, powder coat good, will buy again, make sure the concrete pad has a pitch. Miracle St. Croix Avoid using stucco columns, looks great with Christmas lights. Snow melts off roof easy, very tough, . • VVr VJf GVVi 1Y. wJi VJi- VJJ iw,1J 1 La1~Tri~.f."«• J~".i...L.J ~ T,L+~. VJ F 1~ n a~ a S a l e s I. n c. • ~~~ ,«- C~~JC3TAT~Q1~ To: City of Richfield Date: June 5, 2001 Mr. Jim Top'rtzhafer 7000 Nicotlet Avenue South Contact: tUir. Jim Topitzhofer Richfiekt, MN 55423 Phone: 642-861-9394 Fax: Proyect: Fainxood Park . Poiigon Shelter We are pleased to provide the following quotation on Items supplied by Poligon Park Architectur+~ !tern Description Unit Price Exfiensiarr 1~Y. GOX 28 28' GOXMR -Hexagon, two tiered park shelter wJ cupola. $'t 4,QS9.On MR tnctudes: (S) square upright cotdmns, PotiRib metal roof. Based on 4t3#f snow Load and 80 nlph wind speed. Frame to be powder coated prior to shipping, standard 8!'i2 pitch 'Does not include handrails and overhead omamer~tation. 1 lnsta8 lnstatiation of above. powder coated park Shelter and ~ 6,395.00 concrete footings only. Concrete slabs and aggregate base excavation, sitework, sidewalks, etc.. ere not included. • 1 Deduct Deduct if shelter frame is delivered with a primed finish. ($1,849.00} Flanagan Sates to paint frame during installation process. 1 Bond. Additional cost fOr a performance bond. ('sf necessary} $ 275.x0 1 Caption Optional instatiation of approx. 1,OOt} sq. feet 4" concrete- $ 3,425.OQ pad stow shelter only. City to provide excavation, sitework and provide sand or graver base below concrete. Sub Total Above `Footing design and engineering by others. Tax. 6.5% included Freight price based on both shelters shipping together. Freight included • Add $65t1.0t) for sealed engineering (if required). T©t2t1 _-_.______ tMPOR~AtT tNFORMATiON: • Quotation in effect unfit: Jury 15th 2001 • Freight based on shipment to Richfield, MN • Shipment can be made in 6 - 8 weeks • Terms: 30 Qays Net Invoice. Orders wits be placed upon receipt of Purchase Order or Signed Quotation. • Purchase Qrders should be made out to Flanagan Sates, tnc. Thank You! Ffarragan Sates. Inc. ""`" rlJohnson ACCEPTED BY: DATE: 2845 Harz-line Avenue North • Suite 148 • Roseville • i1=1N • 55113 ..Phone: ~51.~33.0123 • 1.800.328.3557 • Fax: b5l_633.15I5 • E-mail: FSalesTnsrCaol.com Fairwood Park Shelter Design y T. ~.~. .. ~~.a1 ~ yt^ y M 9 ~ ~ , ~~ii ~ ~ 1~ 3 ,ry~1t w.t A .. ~~~ x ~t ~~:y 1 Zip ~ ~ ~.~~,~ .~ i~. 4 G i w,....~ 7, ,,, _~ ~'~: -.. ~ y.y _ ~~~ ~4 ~ ~ • AGENDA SECTION: CONSENT AGENDA ITEM # 5H REPORT # 135 _' STAFF REPORT CITY COUNCIL MEETING JUNE 11, 2001 REPORT PREPARED BY: REPORT PRESENTER: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE • DEPARTMENT DIRECTOR REVIEW: ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract to Flanagan Sales for the construction of an open-sided picnic shelter at Monroe Park. I. RECOMMENDED ACTION: By Motion: Award the attached contract to Flanagan Sales in the sum of $16,683.55 for the construction. of an open-sided picnic shelter at Monroe Parka REVIEWED BY CITY MANAGER: III. BACKGROUND In response to neighborhood feedback, staff incorporated the construction of an open- sided picnic shelter at Monroe Park into the capital improvement plan. The Monroe shelter would replace the existing shelter, which is sub-standard due to extensive water. damage caused by water leakage through the walls and roof. Shelter replacement recommendations were determined through neighborhood meetings, adoor-to-door neighborhood survey, and action with the Community Services Commission. Recommendations include installing an open picnic shelter and drinking 0611 monroe • fountain each at Fairwood Park and Monroe Park, remove the existing Monroe Shelter from the site, and install bituminous paths to the new shelters. A Request for Proposal (RFP) was advertised for the construction. of the shelter and four vendors responded. Criteria used by the Selection Committee to select a shelter proposal included review. of specifications, price, delivery, warranty, and reference checks. Polygon Park Architecture, the product offered by Flanagan Sales, meets or exceeds the specifications called for in the Request for Proposal. Flanagan Sales offered the lowest price quote, and has a faster delivery than the other submitted proposals. Polygon shelters carry afive-year warranty and scored excellent in the reference checks. III. BASIS OF RECOMMENDATION A. POLICY • The project was approved as part of the 2001 Capital Improvement Budget for an amount up to $175,000.00, and will,be funded by Special Revenue. This amount was later revised. to $102,500.00 and was submitted in the Revised 2001 Capital Improvement Budget. Unused funding for this project will remain in the Special Revenue Fund or will be applied to the. purchase of an additional openpicnic shelter to be considered in Capital Improvement Budget for 2002 for another park. • B. CRITICAL ISSUES • A study and report was submitted on June 8, 1998 by Short Elliot Hendrickson, Inc. concluding that the cost to adequately repair and correct the existing Monroe Shelter's water problem would exceed the cost to replace the shelter. C. FINANCIAL • Project cost estimates are as follows: Fairwood Shelter materials, bond and installation $22,279.00 Monroe Shelters materials, bond and installation $16,683.55 Demolition of existing shelter $8,000.00 Concrete Pads $12,000.00 Bituminous Paths $4,000.00 Drinking Fountains $6,000.00 Site Preparation and Engineering 4 000.00 Total $72,962.55 r~ LJ • D. LEGAL N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Council may choose to award the contract to another bidder. However, the selection committee selected Flanagan Sales based on the objective criteria defined in the project RFP. V. ATTACHMENTS • Proposed contract between the City and Flanagan Sales, Inc. • Flanagan Sales Quotation • Proposal Evaluations • Monroe Park Shelter Design VI. PRINCIPAL PARTIES EXPECTED AT MEETING None • • CITY OF RICHFIELD HENNEPIN COUNTY, MINNESOTA CONTRACT FOR MUNICIPAL CONSTRUCTION City Project No. 404-40-746 Contract No. 01-07 Class of Work: Construction of Open-Sided Picnic Shelter at Monroe Park THIS AGREEMENT made this June 11, 2001, between the City of Richfield, Minnesota, acting by and through its Mayor and City Manager, herein called the "City," and Flanagan Sales, herein called the "Contractor," witnesseth; that the Contractor, in consideration of the payment of the contract price therefore, amounting substantially to Sixteen-thousand, six-hundred eighty-three and 55/100 Dollars ($16,683.55), agrees to furnish all materials (except such as are specified to be furnished by the City, if any), all necessary tools and equipment, and to do and perform all the necessary work and labor for the full completion of city projects as follows: Construction of Open-Sided Picnic Shelter at Monroe Park as detailed in the approved Request for Proposal and the proposal submitted by Contractor, for the price and compensation set forth and specified in the Request for Proposal, which is hereto attached and hereby made a part of this Agreement, all in accordance with the plans, • specifications and special provisions therefor on .file in the office of the Recreation Services Department, City of Richfield, and hereby made a part of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The Contractor agrees that the work shall be done and performed in the best and most workmanlike manner; that all materials and labor shall be in strict conformity in every respect with the plans, specifications and special provisions for the improvement, shall be subject to inspection and approval of the Richfield Recreation Services Director and in case any material or labor supplied shall be rejected by the Richfield Recreation Services Director as defective or unsuitable, then such rejected material shall be removed and replaced with approved material and the rejected labor shall be done anew to the satisfaction and approval of the Richfield Recreation Services Director and at the cost and expense of the Contractor. • Page 2 CITY OF RICHFIELD, HENNEPIN COUNTY, MINNESOTA CONTRACT FOR MUNICIPAL CONSTRUCTION City Project No. 404-40-746 Contract No. 01-07 Class of Work: Construction of Open-Sided Picnic Shelter at Monroe Park It is distinctly understood and agreed that no claims for extra work done or materials furnished by the Contractor will be allowed by the City except as provided herein, nor shall the Contractor do any work or furnish any materials not covered by the .plans, specifications, special provisions and this Agreement unless such work is first ordered in writing as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being given shall beat his own risk, cost and expense and he hereby agrees that without such written order he will make no claim for compensation for work or materials so done or furnished. It is further agreed, anything to the contrary notwithstanding, that the City of Richfield, City Council and its agents or employees shall not be personally liable or responsible in any manner to the Contractor, Subcontractors, materialmen, laborers or to any person or persons whomsoever for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and improvement provided herein. Dated at Richfield, Minnesota, this Signatures for Flanagan Sales ("Contractor") By Its Signatures for the City of Richfield, Minnesota ("City") sy Its Mayor By Its City Manager • • SPECIFICATION REVIEW FOR FAIRWOOD & MONROE SHELTERS 1. Shelter size shall be 28 feet diameter, post to post for Fairwood, 24' square for Monroe. Fairwood Monroe Earl F. Anderson Y Y Flanagan Y Y Miracle Y Y St. Croix Y Y 2. Design loads shall be a minimum of 40 pounds per square foot snow load, a minimum 80 mile per hour wind speed (exposure B), and conform to all Richfield and Minnesota State Building Codes. Earl F. Anderson 40 - 100, applicable zone Flanagan 40 - 80, zone 4 Miracle 40 - 80 St. Croix 40 - 80 3. Structural framing shall be made of powder-coated structural steel tubing. All frame members shall be sand blasted to a white finish removing all rust,- scale, oil, and grease. Framing shall be a minimum ASTM 500 grade b and sized according to engineering. Framing shall be factory primed with zinc-rich primer, minimum of 3-mil thickness. Framing shall be finished with powder coat finish of TGIC polyester, minimum 3-mil thickness. I-beams, angle iron, tapered columns, open or welded channels, or wood products will not be accepted. ASTM 500 grade b, .frame thickness, zinc primer & thickness, Earl F. Anderson Y .12" Y 3 mil Flanagan Y ? Y 3 - 6 mil Miracle Y .125" ? ? St. Croix Y .188" Y 3 - 6 mil Powder coat finish TGIC polyester & thickness, tubes only Earl F. Anderson Y Y 3 mil Y Flanagan Y Y 3- 6 mil Y Miracle Y Y ? Y St. Croix Y Y 3- 6 mil Y 4. Metal roofing shall be a minimum of 24 gauge painted steel with ribs and panels to run with the pitch of the roof for proper drainage. Roofing thickness Proper Ribs & Panels Zincalume/Galvalume Earl F. Anderson 24 Y Y Flanagan 24 Y Y Miracle 24 Y Y St. Croix 24 Y Y 5. Roof pitch shall be 8:12 for Fairwood, 6:12 for Monroe Fairwood Monroe Earl F. Anderson Y Y Flanagan Y 5:12 • Miracle 4:12 4:12 St. Croix Y Y 6. Metal trim shall be formed with a minimum 24 gauge painted steel and hemmed at both sides. Trim should match the color of roof. Trim thickness Hemmed Color match Earl F. Anderson 24 Y Y Flanagan 26 Y Y Miracle ? ? Y St. Croix 24 N Y 7. The structural plans and specifications must be designed and certified by a structural engineer licensed in the State of Minnesota. Earl F. Anderson Y Flanagan Y Miracle Y St. Croix r1 Y 8. Written assurance that the shelter design is in accordance to American Institute of Steel Construction (AISC) specifications for all members, the American Iron and Steel Institute (AISA) specifications for cold-formed members, the structural welding code of the American Welding Society (AWS) specifications for all welds, and other applicable state and federal requirements will be required from each proposer prior to contract initiation. AISC AWS Earl F. Anderson Y Y Flanagan Y Y Miracle did not submit St. Croix did not submit 10. Written assurance that pad forks and other precautions will be used when unloading and handling materials on site, steel is cleaned and scratches touched up before installing roof deck, and chips and scratches on powder coat is repaired to City's satisfaction. Earl F. Anderson Y Flanagan Y Miracle did not submit St. Croix did not submit 11.Insurance Requirement Documents Earl F. Anderson Y Flanagan Will provide with order, has 1, 000, 000 coverage Miracle did not submit St. Croix Y • • COST/VALUE REVIEW FOR FAIItWOOD & MONROE SHELTERS • Quotes for Fairwood: Earl F Anderson Flanagan Miracle St. Croix Materials .19,234 14,959 16,710 25,306 Installation 10,020 6,395 8,865 Included Freight 1,486 Included 669 Included Sales Tax 1,282 Included 1,086 Included Perf, Bond Included 275 ? Included Building Permit Not Included Not Included Not Included Included Engineer Cert. 490 650 500 Included Total 32,514 22,279 27,830 25,306 Quotes for Monroe; Earl F Anderson Flanagan Miracle St. Croix Materials 9,566. 10,422.55 7,861 16,750 Installation 5,172 5,386 8,365 Included Freight 1,680 Included 499 Included Sales Tax 622 Included 511. Included Perf, Bond Included 225 ? Building Permit Not Included Not Included Not Included Included Engineer Cert. Included 650 500 Included Total 17,040 16,683.55 17,736 16,750 DELIVERY REVIEW FOR FAIRWOOD & MONROE SHELTERS Earl F. Anderson 8 - 10 weeks delivery Flanagan 6 - 8 weeks delivery Miracle 8 - 12 weeks delivery St. Croix 8 - 10 weeks delivery WARRANTY REVIEW FOR FAIIiWOOD & MONROE SHELTERS Structure: Earl F. Anderson Flanagan Miracle St. Croix • Roof: Earl F. Anderson Flanagan Miracle St. Croix 5 years 5 years 5 years 5 years 20 years 5 years (is warranted by a separate manufacture) 5 years 5 years • REFERENCE REVIEW FOR FAIRWOOD & MONROE SHELTERS Are you satisfied with the overall design and appearance of your shelter? Earl F. Anderson Y Y Y Flanagan Y Y Y Miracle St. Croix Y Y Was your shelter installed within your time expectation? Earl F. Anderson N/A N/A N/A Flanagan N/A N/A N/A Miracle St. Croix N/A N/A Were there any complications in the installation of your shelter? If so, what? Earl F. Anderson N/A N/A N/A Flanagan N/A N/A N/A , Miracle St. Croix N/A N/A Does your shelter appear to be designed to handle normal park use? . Earl F. Anderson Y Y Y Flanagan Y Y Y Miracle St. Croix Y Y Would you recommend the City. of Richfield purchase a shelter from the same vendor? Earl F. Anderson Y Y Y Flanagan Y Y Y Miracle St. Croix Y Y COMMENTS: EFA Very little maintenance/worries, recommends wood under metal roof. Flanagan People love them, frames are excellent, powder coat good, will buy again, make sure the concrete pad has a pitch. Miracle St. Croix Avoid using stucco columns, looks great with Christmas lights. Snow melts off roof easy, very tough, . • F 1 S a • • • ~. 11 ct g ~. f1 Y e s I n c ~~~ - ;. ~uo~rAT~on~ To: City of Richfield late: June 5, 2001 Mr. Jim Topitzhafer 7000 Nicxrtlet Avenue South Contact: Mr. Jim Topitzhafer Riehfieki, MN Sa423 Phone: 612861-9394 Fax: Project: Monroe Park Poligon Shelter .__.. We are pleased to provide the following quotation on items supplied by Poligon Park Architecture t~ tti., item Descricrtion Unit Price Extension 1 HEX 241iA 24` Hexagon Poligon Park shelter. EnGudes: Cupola, (6j square upright columns, Pfltif2ib metal roof. Based on 40# snow toad and 8t) mph wind speed. Frame to be powder coated prior to shipping. $14,422.55 i InstaA insfallation of above powder coated park shelter and concrete footings only. Concrete slabs and aggregate base excavation, sitework, sidewalks, etc.. are not included. 1 Bond Additional cost #or a performanee bond. {if necessary) " Footing design and engineering ay others * Freight price based on shipping both shelters together 'Add $650.40 for sealed engineering (if required) Ate' iriww~l+rananr. • Quotation in effect unfit:. July t5~' 2001 • Freight based on shipmenito Richfield, MN • .Shipment can be made in B - 8 weeks .Terms: 3t1 Days Net invoice. Orders wilt be placed upon receipt of Purchase Order or Signed C;luotatian. • Purchase Orders should be made out to Flanagan Sales, Inc. ~...--~. C !, Thank Youi Flanagan Sales, inc. Johnson , $5,386.4Q $225.00 Sub Total Above Tax 6.5°~- included Freight included Total Above ACCEPTED 13Y: DATE: v 285 Haznline Avenue Noah • Suite 10$.• Roseville • N1N • 55113 Phone: 651.633.0123 + 1.800,328.3557 • Fax: 651.b33.1515 • E-mail: FSalesInc@aol.com J ~ ® ~, I ~ ~- ~ , ® Monroe Park Shelter Desi n g .9 .~ ,._ ..~. ~ ~. "~~ .~ s ~.. ~ _f ~t ,. ~~ ,.,~ .~-' ~, ,l }~~k ~~~s'~~ }~~ ~L~4x~<~:~c~~K~~~ Xs "~.1 :: Cr sx 3..YT s4i.lyji s~ r:a ,., ~: - r ~ j ~ ~. ~ ,~~u I .~ g • AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CONSENT 5G 134 CITY COUNCIL MEETING JUNE 11, 2001 r1 U REPORT PREPARED BY: .STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR NAME, TITLE REPORT PRESENTER: STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ~~ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Approval of By-laws. and Amended Joint and Cooperative Agreement of the Southwest Suburban Cable Commission I. RECOMMENDED ACTION: By Motion: Adopt the attached updated By-laws and Amended Joint and Cooperative Agreement of the Southwest Suburban Cable Commission. II. BACKGROUND The Southwest Suburban Cable Commission (SWSCC) has recommended that each of the five member cities adopt the updated version of the SWSCC By-laws and Amended Joint and Cooperative Agreement. Both documents are in substantially the same form as the original documents except for minor modifications that reflect the way in which the SWSCC now conducts its business. For example, the By-laws call for quarterly meetings of the SWSCC, while in reality, • the SWSCC meets twice a year. The original By-laws also anticipated hiring staff to administer the Commission. Instead the SWSCC has no staff and operates with minimal administration performed. by a contractor. 0611 SWSCC The Amended Joint and Cooperative Agreement has been similarly modified, with terms such as "Party" changed to "Member City" and "Operating" Committee to . "Manager's" Committee. There has been no change in the delegation of authority to grant or deny a franchise in either document, nor have there been any significant changes in the structure of the SWSCC. III. BASIS OF RECOMMENDATION A. POLICY • The By-laws and Joint and Cooperative Agreement of the SWSCC are both outdated and need to be amended to reflect the streamlining in the operation of the SWSCC that has taken place in the past few years. The SWSCC has reviewed this matter and has recommended to each of the member cities that the amended documents be adopted. B. CRITICAL ISSUES • Brian Grogan, Attorney for the SWSCC, has asked that these amended documents be forwarded to the respective City Council of each of the five member cities at their next-meeting. • C. FINANCIAL There is no financial impact due to these proposed amendments. D. LEGAL • Brian Grogan, Attorney for the SWSCC, has prepared these documents on behalf of the SWSCC for consideration by each member city. IV. ALTERNATIVE RECOMMENDATION~S~ • Decline to adopt the amendments presented. • Adopt only a portion of the amendments proposed. V. ATTACHMENTS • By-laws of the SWSCC • Amended Joint and Cooperative Agreement -SWSCC VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • AMENDED JOINT AND COOPERATIVE AGREEMENT SOUTHWEST SUBURBAN CABLE COMMISSION ARTICLE I. PREAMBLE The U.r-anic~ parties to this Agreement are governmental units of the State of Minnesota. This Agreement supersedes anv prior Agreement between the parties covering the establishment of a Cable Communications Commission and is made pursuant to Minnesota Statutes 2 and §471.59 as~amended. ARTICLE: II. GENERAL PURPOSE The general purpose of the Agreement is to establish an organization to analyze the • operation and Systems of the U.,r'ani°c~ Member Cities; to coordinate administration and enforcement of the respective Franchises of the Dies Member Cities; to report and recommend to the D.r-urcies Member Cities relative to the operation of their respective Systems and the activities of their respective Grantees; and to perform such other duties as are required of the organization hereby created pursuant to this Agreement. ARTICLE III. NAME The name of the organization hereby created is Southwest Suburban Cable Commission. ARTICLE IV. DEFINITION OF TERMS Section 1. Definitions. For the purpose of this Agreement, the terms defined in this Article shall have the meanings given them by this Article. Section 2. Commission. Section 3. Section 4. 392644/RED " ""Board" or "Board of Directors" means the governing body of the "Commission" means the organization created pursuant to this Agreement. "Council" means the governing body of a ~ Member Citv. • Section 5. "Directors" means the persons appointed pursuant to this Agreement to serve as Directors, and includes alternate Directors when serving as Directors. Section 6. "Franchise" means *'~° ^^"'° ^ ^^+~^M~ °,.a;,,^"^° °~°^^'' D^~*•~~ Cable Television Franchise eranted by a Member City to this Agreement. Section 7. "Grantee" means tke ~ person to whom ~ a Member Citv has granted a Franchise. Section 8. "Mang ers' Committee" means the committee consisting of the . Director of each Member City who is the city manager. or his or her alternate. ~e ~ . " ection 9. "Member Citv" means a municipality which has entered into this Agreement and is in good standing. Section 10. "System" means tie ~ cable communications system operated within each D^r*•~ ~„r~„^„* *° *'~^* D^~•*••'^ ~'~•^„^'~~°°. Member City pursuant to a Member City's Franchise. ARTICLE V. MEMBER CITIES T~° ,..., r^';*;°^ °';,~;~.'° *° ,.°^°,,,° *~,° ° °' D^~+;°° The Member Cities to this C7 Agreement are Eden Prairie, Edina, Hopkins, Minnetonka and Richfield. Any other municipality served by a System through the same Grantee as the •' Member Cities to this Agreement may become a Member Citv upon approval by all of the then Dr-ani°cT Member Cities. Eligible municipalities may become a Member Citv effective January 1 of any year thereafter, upon approval by atwo-thirds (2/3) vote of the total Directors and upon payment of 392644/RED 2 the initial contribution set out in Article XI, Section 2 hereof, and contributions for the year it becomes a p Member City. ARTICLE VI. EFFECTIVE DATE Section 1. Execution of Agreement. A municipality shall enter into this Agreement <~ by duly executing a copy of this Agreement and by ~'~~~ ~ •^'' ^ ~ +^^°+''°r «~~+'' ^ ^°~*~~°'' ,.^r„ „~~~,° „~~,,. ,.~„~;,. ,;~~, +~,° rte;+<, r~„~^,<°,. „~~~,° r;+< ,.~~a;., i.,,~ .,~+°,. ~~,° . action of its Council and the authorizing execution of a copv of this Agreement by its authorized officers. Whereupon, the clerk or other appropriate officer of that municipality • shall file a duly executed copv of this Agreement with the Commission. Section 2. Effective Date. This Agreement is effective on the date executed by all of the Member Cities. ARTICLE VII. POWERS AND DUTIES OF THE COMMISSION AND PARTIES Section 1. General Authority. The Commission is established for the purposes of coordinating administration and enforcement of the individual Franchises of the lies Member Cities and providing uniformity in that administration and enforcement to insure that the System of the Grantee is constructed, operated, maintained and upgraded in a manner that will, to the extent possible, be to the maximum benefit of each gam Member Citv. To accomplish this purpose, the following divisions are made of authority and responsibilities among the Dr- Member Cities and the Commission. • 392644/RED 3 • Section 2. lit Member City Powers and Duties. The Commission shall have only such powers and duties as are specifically granted in this Agreement or necessarily implied from those specifically granted. All powers and duties not so granted or necessarily implied are reserved to the dies Member Cities. Specifically, the Commission shall have no powers and duties in the following areas and the D.~ Member Cities retain sole authority in the following areas: A. General Powers. Each 1?a~y Member City retains authority to amend and renew its Franchise, initiate and defend lawsuits, and prosecute violations of its Franchise. B. Permits and Licenses. Each y Member Citv retains authority to issue all required permits and licenses for the construction and operation of the System. • Section 3. Powers and Duties of the Commission. Subject to the provisions of Section 2, the following powers and duties are delegated by the 1?arties Member Cities to the Commission. A. Policy Decisions and Recommendations. The Commission shall make policy decisions and recommendations to U.r-ani~ Member Cities on the following: 1) Enforcement of Laws. Enforcement of laws, regulations and ordinances, related to cable communications, against Grantee and others. 2) Insurance Policies and Letters of Credit. The content and adequacy of insurance policies and letters of credit. 3) Marketing Practices. Review and report to the dies Member ities on any marketing practices or subscription contracts which maybe contrary to any of the Franchises, or which are not uniform in each 392644/RED 4 Member Citv. 4~ Granting of Franchises. The grant of new franchises by Member ities. B. Complaints Relating to Grantee Actions. Receive, collect, tabulate and attempt to resolve by negotiation with Grantee all customer complaints and report to the affected Member Citv all unresolved complaints. C. Institutional Network. Monitor development of the institutional networks in each Member Citv and work with Grantee to promote prompt completion of the institutional network in each P,a~} Member City. D. Cable Programming, Content, Scope, Alterations in Programming Services. Deal with all matters relating to programming on its own initiation or upon request of a Member Citv. E. Access and Local Ori 'nib ation. Encourage and promote the use and development of access channels and programming; and local origination programming} work with Grantee to coordinate such development and programming in each y Member Citv, including the development of rules, training of persons and the use and maintenance of equipment. F. Performance Evaluation. Cause technical evaluations of the System whenever the Commission, in its sole discretion, concludes that such evaluations are required or desirable, including the periodic review and evaluation specified in the Member Cities' Franchises. • 392644/RED 5 G. Grantee Rules. Help to develop Grantee's rules regarding development and supervision of the System including, but not limited to, public access, local origination and line extensions. H. Technology and State of Art Review. Review changes and developments in the cable communications industry and facilitate the upgrading of the System. I. Statutory and Regulator~ges. Advise the Member Cities of any required or recommended Franchise amendments. J. Interconnection with Other S., stems. Monitor the planning and development of the regional interconnection of the System with other cable television systems and supervise the implementation of interconnection to the extent not requiring Franchise amendment. K. Lobb i~ng of Commission Policy at Other Governmental Levels. , Present its policies to other governmental bodies involved in the regulation or operation of cable communications. L. Mediation of D^~~ °^ ~~'~-^M+°° Member Cities/Grantee Disputes. Mediate disputes arising between a Member Citv and the Grantee when and if submitted to the Commission for resolution upon the mutual agreement of that Member Citv, the Grantee and the Commission. M. Franchise Fees; Grantee Audits. Coordinate payment of franchise fees to the 1?~ies Member Cities; examine books and records of Grantee and conduct any audits it deems appropriate and as maybe required by the Franchises. 392644/RED 6 N. Gifts. In appropriate circumstances, accept gifts, apply for and use grants, enter into agreements required in connection therewith, and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. O. Annual Report. "~+''°''°~-;~'~';~'^ ^~°^^'' ~,°°~', ~~~^"° ^ Prepare an annual report to the Dies Member Cities describing and summarizing its functions and activities for the preceding year. P. Coordination and Defense of Civil Lawsuits. , ° ~•°^* °~ ^ p^~*-• ^r p^~*~°° rr^~~~a° Provide assistance and coordination regarding the defense of any lawsuit pertaining to cable communications, or the enforcement of Franchises. Any such requested assistance or coordination s-~ra~l shall be paid for by the ' Member Citv or Member Cities requesting its ~e defense of lawsuits in which the Ee~i~ Commission is named as a defendant shall be handled in a manner decided by the Commission. Q. Rates and Chargees. ~i~ To the extent permitted under the law, maintain records of rates and charges and evaluate changes requested by Grantee; advise and recommend to the l~iesr Member Cities as to all requested rate or charge changes; obtain from Grantee and from any other source, such information relating to rates, costs and service levels as any ley Member City is entitled to obtain from Grantee or others; and conduct hearings as the Commission deems appropriate. R. Contracts. Make such contracts and enter into such agreements as it deems necessary to make effective any power granted to it or perform any duties imposed upon it by this Agreement or delegated to it by a y Member City. The Commission 392644/RED 7 may contract with any of the dies Member Cities or others to provide to it space, services or materials. S. Consultants and Legal Counsel. Contract with such persons as it deems necessary to accomplish its powers and duties. T. Procedures Relating to the Governance of Commission Operations. Notwithstanding anv provision contained in this Agreement. with respect to the operating procedures of the Commission, the Commission is herebv authorized to establish from time to time bylaws or other policies and procedures relating to its own governance and operations, including procedures relating to meetings. dates of meetings. agendas. information contained on agendas and the functions of the Managers' Committee and Commission. • ARTICLE VIII. BOARD OF DIRECTORS Section 1. General Powers. The property, affairs and business of this Commission shall be managed by the Board of Directors. Section 2. Qualifications; Appointment; Notices. Each ~ Member Citv shall be entitled to two (2) Directors and two (2) alternate Directors. Each alternate shall serve as a Director when the Director for which he/she is an alternate cannot serve or is absent. One (1) Director and his/her alternate shall be a member of that l~ Member City's Council. The other Director and his/her alternate shall be an administrator or staff member having, or likely to have, administrative responsibility for that liar-t~s Member City's System. Directors and alternates shall be appointed by the Council of each Member Citv at the time it becomes a ley Member Citv. When a Council appoints a Director, it shall give written notice initially of such appointment to the , 392644/RED g ~R~~tiz~^"~~~o~~sZhG th° :: roc: hair. Such notice shall include the mailing address of the person so appointed. The names and addresses shown on such notices as the same maybe challenged by subsequent notices given in writing, may be used as the official names and addresses for the purpose of giving notices to such persons for all purposes under this Agreement, including meetings of the Commission. Section 3. c°~T Officers Selection. At }"° ~:r^+ ~°°+~^~ ^~+''° r^mm~°°~^^ ^r~-^t each annual meeting thereafter while the Commission is in existence, the Commission shall elect the Commission officers from its Directors. n~ Section ~ ~<, T ^ ~ ~ ~~,° ~,.~~ ~, °~;,, ,,,,,, ~~,° ~^~^,. ^ ;+ ,.° ^i.,. , i.° de„~~ 4. By-Laws. The Commission shall adopt By-Laws governing its procedures including the time, place and frequency of its regular meetings, and the time and place of its annual meeting. The Commission may amend the By-Laws from time to time. T''° ~•~ T ^«~^ d by either of the following methods: A. A proposed By-Law amendment maybe submitted by a Director at any regular meeting. It shall then be referred to the 8pe~g Manauers' Committee for its recommendation. The recommendation shall be presented to the Board at a regular meeting and voted upon at that or a subsequent meeting of the Commission; or B. A proposed By-Law amendment maybe submitted by a Director by giving written notice thereof to all other Directors at least fourteen (14) days prior to a regular meeting at which it is to be acted on. The proposed amendment shall then be 392644/RED 9 referred to the Ape~g Managers' Committee for its recommendation. The recommendation shall be presented to the Board at the meeting stated in said notice and voted upon at that or a subsequent meeting of the Commission. In no event shall a proposed By-Law amendment be acted upon without a review by the 9pe~ati~}g Managers' Committee of not more than sixty (60) days. Section g 5. Compensation. Directors shall serve without compensation from the Commission no matter in what capacity they serve, but this shall not prevent a l~a~ty Member C~ from providing compensation for its Directors if such compensation is authorized by the Member Citv and bylaw. Section ~ 6. Voting. There shall be no voting by proxy. Each Director shall have one (1) vote. Votes must be cast at a Commission meeting. Directors shall not be eligible to vote during the time the ~ Member Citv that appointed such Directors is in default on any contribution or payment to the Commission. During the existence of such default, the votes allotted to such Member Citv shall not be counted for any purposes under this Agreement. Section ~ 7. Term; Resignation. Directors shall serve, at the pleasure of the Council appointing them, a term of two (2) years. In the case of Council member Directors, his/her term shall automatically cease when his/her term as a Council member is ended. Likewise, the term of a Director that is an administrator or staff member of a Member Citv shall cease upon termination of that person's employment with the appointing ley Member Citv. Directors may be reappointed at the pleasure of the Council appointing them. A Director may resign at any time by giving written notice to the r~...;-,....°-' °~+''° r°,.,..,...,;.,~;,.,, Chair, effective upon the date stated in said notice, or if no date is stated, effective upon receipt by E~r~ hair. Acceptance of a resignation is not necessary to make it effective. 392644/RED 10 Section 18. Vacancies. A vacancy on the Commission, created by any cause, shall be filled, for the remaining term of the prior Director, by the Council of the Member Citv whose Director position on the Commission is vacant. Section ~A 9. Quorum and Manner of Action. Except as provided in Article VII, Section 3, Paragraph K, a majority of the Directors shall constitute a quorum of the Commission, and the act of a majority of the Directors present at any meeting at which a quorum is present shall be the act of the Board. In the absence of A a quorum, a majority of the Directors present may adjourn any meeting from time to time until a quorum is present. Notice of any adjourned meeting need not be given other than by announcement at the meeting at which adjournment is taken. If a quorum is present when a duly called meeting is convened, the Directors present may adjourn the meeting, notwithstanding that the withdrawal of a number of Directors originally present leaves less than a quorum. No other business shall be transacted. Section -1-10. Annual and Regular Meetings.. An annual meeting of the Commission shall be held in April of each year to elect officers of the Commission and for transaction of any other business to come before the meeting. Regular meetings shall be held at such times and places as shall be established in the By-Laws of the Commission. Section ~ 11. Special Meetings. Special meetings of the Commission maybe called 4i}t}y~ the c~.~;~y Chair. (iil by the 9pe~g Managers' Committee, or (i~}k~y iii b the hair or Mana ers' Committee upon the written request of a majority of the Directors. Five (5) d-a-ys' davs written notice of special meetings shall be given to the Directors. Such notice shall include the agenda for the special meeting. Only matters set forth in the. agenda shall be considered at the special meeting. 392644/RED 11 Section ~ 12. Notice. Notice of regular and annual meetings of the Commission shall be given to the Directors at least seven (7) days in advance and the agenda for such meetings shall accompany the notice. Business at regular meetings of the Commission is not limited to matters set forth in the agenda. Section X413. Notices Excused. Any meeting of the Board shall be a legal meeting without any notice thereof having been given if all of the Directors then in office are present at the meeting or waive notice in writing before, at or after the meeting. ARTICLE IX. OFFICERS Section 1. Number; Election; Qualifications. The officers of the Commission shall consist of a E~ hair a Vice ~~ hair and aSecretary/Treasurer. Each officer shall be elected at the annual meeting by the Board and shall hold office until the next annual election of officers and until his/her successor shall have been elected and have qualified or until his/her earlier disqualification, death, resignation or removal. All officers shall be Directors. New officers shall take office at the adjournment of the annual meeting of the Commission at which they were elected. Not more than one (1) Director of a ley Member City shall be elected an officer during the same term. Directors of a gamy Member City that have given notice of withdrawal shall not be eligible to become officers or to vote on the selection of officers. Any officer who ceases to be a Director shall at the same time cease to be an officer. Section 2. Resignation. Any officer of the Commission may resign at any time by giving written notice of his/her resignation to the Board, to the ~~ Chair or to the Secretary/Treasurer of this Commission. The resignation shall take effect at the time, if any, specified therein or, if no time is specified therein, upon receipt thereof by said Board, ~ 392644/RED 12 Chair or Secretary/Treasurer. The acceptance of a resignation shall not be necessary to make it effective. Section 3. Removal. Any officer maybe removed, with or without cause, by a vote of four-fifths (4/5) of the total number of Directors, at any meeting of the Board, provided that such purpose is stated in the notice or waiver of notice of the meeting unless all of the Directors of this Commission are present at the meeting. Section 4. Vacancies. A vacancy in any office because of disqualification, death, resignation or removal shall be filled for the unexpired portion of the term in the manner prescribed herein for election to that office. Section 5. ~~ Chair: Vice E~ Chair. The ~~r~ hair shall preside at all meetings of the Commission and shall perform all duties incident to the office of ~~ Chair and such other duties as maybe delegated by the Commission. The Vice ~~ Chair shall act as E~ Chair in the absence of the ~ Chair. Section 6. Secretary/Treasurer. The Secretary/Treasurer shall be a Director who is an administrator or staff member of a party Member Citv. He/she shall be responsible for keeping a record of all of the proceedings of the Commission and 9pefa~ir~rg Managers' Committee and shall serve as the ~ hair of the ~~ Managers' Committee. The Secretary/Treasurer ~,~.,~, ~°„a <.,<.;++°~ ,,,.~;,.° .,,,a ,r.,~°ri.,~ „°,~.,;,,;;,~. ~,, .,n°„a., ;*°r,~ ~„_°.,,.k have custody of the Commission's funds, shall pay its bills, shall keep its financial records and generally conduct the financial affairs of the Commission. eke c°~r°~.,,.<,i•r,.°~~,,,.°r He/she shall be responsible for such other matters as shall be delegated to him/her by the Commission. Orders, checks and drafts of the Commission shall require the • s'~ signature of the Secretary/ Treasurer 392644/RED 13 *~^„ *~^* °~'*~° ^°^r°*^,...~T,.°^°~~r°r In conducting the Commission's financial affairs, the Secretary/Treasurer shall, at all times, act in accordance with generally accepted accounting principles. The Secretary/Treasurer's ~eperts report, including any bills or claims to be acted upon by the Commission, shall be distributed to all Directors not less than five (5) days prior to the meeting at which action on such bills or claims is to be taken. The Secretary/Treasurer shall post a fidelity bond or other insurance in an amount, on terms and with a company approved by the Commission. The Commission shall bear the cost of the bond or insurance. Said fidelity bond or other insurance shall cover all persons authorized to handle funds of the Commission. Any persons maybe engaged to perform such services under the Secretary/Treasurer's supervision and direction, when authorized by the Commission. Section 7. Other Officers. The Commission may appoint such other officers as it deems necessary. All such officers shall be Directors. Section 8. Committees. The Commission may appoint such committees as it deems necessary or desirable to accomplish its purposes. ARTICLE X. MANAGERS' COMMITTEE Section 1. Qualifications. The ~~ Managers' Committee shall consist of the administrator or staff member Director appointed by each ley Member Citv. Section 2. Authority. The 9perati~g Managers' Committee shall have the authority to manage the property, affairs and business of the Commission between Commission meetings, to the extent specifically delegated by the By-Laws or resolution of the Board, but at all times, shall be subject to the control and direction of the Board. Section 3. Meetings. The 9pe~g Managers' Committee shall meet ~y as • necessary at a time and place to be determined by the ~~~g Managers' Committee. Special 392644/RED 14 meetin s ma be called b +'' r~ ' ~+''° ^"°""+'"^ ^.,..u ::t:ee cr'c" an other two 2 g Y Y ~, ~n~~r~ "r.,=~....5 ~ ~ Y members of the spe~g Managers' Committee or by the Commission. The date and place of the special meeting shall be fixed by the person or persons calling it. At least seventy-two (72) hours (from the time of mailing) advance written notice of a special meeting shall be given to all members of the Ape~g Managers' Committee by the person or persons calling the meeting. The notice shall state the matters to be considered at the special meeting and only those matters shall be considered at that meeting: Section 4. Personnel. The 9pe~ati~g Managers' Committee shall have authority to hire, supervise and discharge full or part time employees but their compensation shall be within budget limitations. The 8peg Manaeers' Committee may make any required employer contributions which local government units are authorized or required to make bylaw. Section 5. Notices Excused. The provisions of Article VIII, Section x-413, shall apply to meetings of the ~~~g Manaeers' Committee. Section 6. Quorum and Manner of Action. The provisions of Article VIII, Section ~-A 9, shall apply to meetings of the 9pe~g Manaeers' Committee. ARTICLE XI. FINANCIAL MATTERS Section 1. Fiscal Year. The fiscal year of the Commission shall be the calendar year. Section 2. Initial Contributions. An initial contribution of Two Thousand Five Hundred Dollars ($2,500.00) shall be made to the Commission by each l~ty Member Citv at the time it becomes a Member Citv. ~ ' 392644/RED 15 £estien-4: Section 3. Contribution for Subsequent Years. F;a~y Be~innin~ in the calendar Year 2001 and for each vear thereafter. each Member Citv shall contribute Two Thousand Five Hundred and No/100 Dollars ($2.500.001. Budget amounts recruited in excess of this minimum amount shall be paid by each Member Citv contributing. Each Member City shall contribute an amount which bears the same ratio to the total budget as that ~ Member Citv's franchise fees received for the period ending August 31 of the year prior to the year for which such budget has been prepared bears to the total franchise fees received for such prior period by all of the Dies Member Cities combined, or such other amount or ratio as is agreed to by all of the Directors by August 1 of the year prior to the year for which such budget has been prepared and approved by the Council of each Member Citv. However, in any event, no 1~t3Ls Member Citv's contribution shall exceed the franchise fees received in such prior year by such ~~y Member City. Section ~ 4. Pa lent. Contributions, pursuant to Section 4 3, shall be due in full on each January 15, or by such installment method as the Commission shall determine. Section 6 5. Default. Contributions shall be due in full, or in accordance with an installment plan, within thirty (30) days after the date of the billing statement from the Commission. If payment has not been made within that time, a y Member City will be in default. The Commission may recover any contribution in default by a civil suit, and the defaulting Member Citv, in such case, £~rall shall pay all costs of the suit, including reasonable attorneys' fees. • Section 6. Budget Process. A nronosed budget Eess: 392644/RED 16 ~ia~t~eEessf~nse-e~9~8~ ~x~;~i.,;,, +~,;,.~„ izm a^~,^ ^~°,. *~,° °~f°,.~;.,aa^~v~ ~ ~„a„°,- n,. ° ., ~ ,. c„~.^° °„~ v° n „^°,~~,„a,.°~ ~ „i.^° °„~ , ° ^ shall be formulated and approved by the Commission ^Ma ^••'~~~++°a +~ +~,° ~^,~;°° ,. r i.°~ ,.° n„^.,,°+ ~-ef at the October Commission meetinu each year. No budget shall become effective unless approved by ~'°^°'~~+~^~ °~+''° r°~•~°~'^ °~a majority of the lies Member Cities. If any Council approves a proposed budget prior to notice having been received by its Directors of the withdrawal of any I~t-y Member Citv (which maybe done by notice given prior to October 1 of any year), that approval shall not be binding on that Member Citv, but that Council may reconsider such prior approval of the budget. All parties shall endeavor to approve the proposed budget on or before' December of each year. If the budget is not approved, the Commission shall promptly formulate a revised budget and submit it to the lies Member Cities for their review and approval. This process shall be continued until a budget is approved. The lies Member Cities shall use their best efforts to approve a budget for the then succeeding year by December 31 of each year. Section ~ 7. Expenditures. The Commission may expend its funds as it deems necessary and appropriate pursuant to this Agreement. Section °~al 8. Audit. The Commission's financial books and records shall be audited or reviewed by an independent financial advisor and approved by the Commission at least once everv two (21 vears, or at such other times as the Commission may direct, . A copy of the audit report shall be given to each ley Member 392644/RED 17 • Citv. The Commission's books and records shall be available for and open to examination and copying by the Dies Member Cities and their respective representatives at all reasonable times. ~ ARTICLE XII. WITHDRAWAL Section 1. Withdrawal. Any gamey Member City may withdraw from this Agreement effective on January 1 of any year by giving notice pursuant to Section 2 of this Article prior to October 1 of the preceding year. Section 2. Notice. In order to effectuate a withdrawal, a 1?a~y Member Citv • withdrawing from the Commission shall give written notice to the E~ Chair of the Commission, served personally on the ~~ Chair or addressed to the ~~ Chair at the address shown on the records of the Commission, and by giving with such notice a certified copy of a resolution of its Council stating its decision to withdraw from the Commission. The withdrawal shall be effective upon actual receipt by the ~~ Chair of such notice and resolution. The withdrawing 1?a~y Member City shall have the responsibility for such actual receipt by the ~~ hair. Upon receipt of such notice and resolution, the ~~ Chair of the Commission shall forward a copy of the notice and resolution to each Director. Section 3. Financial Effect of Withdrawal. No financial benefit shall inure to a y Member Citv that withdraws from this Commission nor shall there be any reimbursement for any contribution made by the withdrawn Member Citv. ~ ARTICLE XIII. AMENDMENTS Section 1. Amendments. This Agreement maybe amended only by written • amendment entered into by all the then Dies Member Cities to this Agreement in the same manner as this Agreement is entered into pursuant to Article VI hereof. 392644/RED 18 • ~ ARTICLE XIV. DISSOLUTION Section 1. Duration of Commission. The Commission may continue for a term up to and including the date the Franchises of the D„~ Member Cities expire. The Commission shall be dissolved if less than four (4) Dies Member Cities remain, or by operation of state or federal law or regulation, now or hereafter enacted, or by mutual signed agreement of all of the Dies Member Cities. Section 2. Distribution of Assets. Upon dissolution of the Commission, all L' remaining assets of the Commission, after payment of all obligations, shall be distributed among the Dies Member Cities that are ~rties Member Cities to the Agreement at the time of dissolution, in proportion to their contributions and in accordance with procedures established by the Commission. The Commission shall continue to exist after dissolution for such period, no longer than six (6) months, as is necessary to wind up its affairs, but for no other purposes. ~ ARTICLE XV. PRIOR AGREEMENTS SUPERSEDED This Agreement, when effective, supersedes all previous agreements between the l~rties • Member Cities hereto establishing a joint cable communications commission. IN WITNESS WHEREOF, the undersigned municipalities have caused this Agreement to be signed on ' .their. behalf. DATED: B~ Its: Manager/Clerk 392644/RED 19 CITY OF EDINA, MINNESOTA 4801 West 50th Street Edina. MN 55424-1394 B: Its: Mavor DATED: By: Its: Manager/Clerk • DATED: Bv: Its: Manager/Clerk DATED: Bv: Its: Manager/Clerk DATED: Bv: Its: Manager/Clerk • 392644/RED 20 CITY OF EDEN PRAIRIE, MINNESOTA 8080 Mitchell Road Eden Prairie. MN 55344-4485 By: Its: Mayor CITY OF HOPKINS, MINNESOTA 1010 1st Street South Hopkins. MN 55343-7573 B~ Its: Mayor CITY OF MINNETONKA, MINNESOTA 14600 Minnetonka Boulevard Minnetonka, MN 55345 B: Its: Mayor CITY OF RICHFIELD. MINNESOTA 6700 Portland Avenue Richfield. MN 55423-2599 Bv: Its: Mayor cD'rnATTI A AdDAmAdDRTT Tn T nTT~TT AR m !'~nnDD D ATT~ 7D A('!D DDAADA TT v > > ~ f s f ~ ~ ~ v ~ • ~ r,,,,,,o,.,,+;.,o n .,..vo,,,o.,+ ~,. ~o a„i., o.,e,.,,~°a +~e a~+e ~,.~~ „~,,,.,o ...,„++or 392644/RED 21 • BY-LAWS Southwest Suburban Cable Commission ARTICLE I. PREAMBLE These By-Laws are for the express purpose of assisting in the administration of the Southwest Suburban Cable Commission and shall be subordinate to the Joint and Cooperative Agreement in any matter of dispute. ARTICLE II. DEFINITION OF TERMS Section 2.1. Definitions. For purposes of these By-Laws, the terms defined in this Article shall have the meanings given them. Section 2.2. "Administrator" means the person or firm appointed to manage the • operations of the Commission. Section 2.3. "Board of Directors" or "Board" means the governing body of the Commission. Section 2.4. "Commission" means the organization created pursuant to the Joint and Cooperative Agreement. Section 2.5. " " " " r °~. "Director" means a person appointed pursuant to the Joint and Cooperative Agreement by a member to serve as a Director and includes alternate Directors when serving as Director. Section ~ 2.6. "Managers' Committee" means the committee consisting of the Director of each member who is the city manager, or his or her alternate. • 393030/RED • Section ~ 2.7. "Member" means a municipality which has entered into the Joint and Cooperative Agreement and is, at the time involved, a member in good standing. ARTICLE III. BOARD The Board shall consist of two (2) Directors from each Member. Each Member shall also be entitled to two (2) alternates. Each alternate shall serve as a Director when the Director for which he/she is an alternate cannot serve or is absent. ARTICLE IV. MEETINGS Section 4.1. Regular Meetings. Regular meetings of the Board shall be held on the fourth Wednesday of ' , April and October at a place determined by the Board. The Administrator shall send appropriate material pertaining to agenda items to each Director at least seven (7) days prior to the meeting. Business at regular meetings of the Board, however, need not be limited to matters set forth in the agenda. Section 4.2. Cancellation of Meetings. Regular meetings maybe cancelled by a majority vote of the Directors or by the n~ Managers' Committee. Section 4.3. Annual Meetings. An annual meeting of the Board shall be held in April of each year which can be held on the same date of the regular meeting to elect officers of the Board and for transaction of any other business to come before the Board. Section 4.4. ~ecial Meetings. Special meetings of the Board maybe called: (a) e ' by the Managers' Committee or ' bl by the Chair. • Three 3 days written notice of special meetings shall be given to the Directors. Such notice 393030/RED 2 • shall include the agenda for the special meeting. Only matters set forth in the agenda shall be considered at the special meeting. Section 4.5. Notice. Notice of regular and annual meetings of the Board shall be given to the Directors by the Administrator at least seven (7) days in advance and the agenda for such meetings shall accompany the notice. The notice need not state the purpose of the meetings. Written notice maybe given by mail, facsimile or email transmission or may be hand delivered to the address maintained for each Director. Section 4.6. Meetings Open to the Public. All meetings of the Board, or any of its committees shall be open to the public, provided that the Board or any of its committees may close a meeting as permitted under the Minnesota Open Meeting Law. The Chair may, subject to challenge by a majority of the Directors present, permit or close public discussion on any agenda item. Public participation at Board meetings relative to specific agenda items already considered by a sub~t~e committee should, to the extent possible, present new information not previously made available to the Board. Section 4.7. Posting Notice of Meetings by Each Party. At least one (1) day before a re~g~rla~ meeting of the Board or a committee, each Member should display or post *'~° ~a_„a~ ~f a meeting notice for that meeting at its city hall or official bulletin board or otherwise make it available for public inspection. The failure to post the ~ notice shall not invalidate any meeting. Section 4.8 Meeting Agenda. The business of the Commission and its Board of Directors shall be conducted in accordance with the annroved meeting agenda order. the • ~r 393030/RED 3 n no.,;o.~, ,.~,-t,o .,,.~;.,;~;e~ ,.~~~,o r,r.,~.,,.e,.~~ r,.,,,,,,;,+oo ~ o +~,o i.,~+,.o,~„i.,,. u,,.,,.a ,^ Section 4.9. Board Rules. The rules contained in the current edition of Robert's Rules of Order- Newly Revised shall govern the Board to the extent that they are not inconsistent with these By-Laws. Board rules maybe suspended by atwo-thirds (2/3) vote of the Board of Directors present. ARTICLE V. VOTING Section 5.1. Director Votes. Each Director shall have one (1) vote. Votes must be cast at a Board meeting. There shall be no voting by proxy. Directors shall not be eligible to vote during the time the Member that appointed such Director is in default on any contribution or payment to the Commission. During the existence of such default, the votes allotted to such • Member shall not be counted for any purposes. 393030/RED 4 Section 5.2. Quorum and Manner of Acting. Except as otherwise provided, a majority of the Directors shall constitute a quorum of the Board, and the act of a majority of the Directors present at any meeting at which a quorum is present shall be the act of the Board. In the absence of a quorum, a majority of the Directors present may adjourn any meeting from time to time until a quorum is present. Notice of any adjourned meeting need not be given other than by announcement at the meeting at which adjournment is taken. ARTICLE VI. OFFICERS Section 6.1. Number; Election; Qualifications. The Officers of the Board shall consist of a Chair, a Vice Chair and aSecretary/Treasurer. Each Officer shall be a Director and shall be elected at the annual meeting by the Board and shall hold office until: (a) the next ~ election of Officers and until his/her successor shall have been elected and have qualified; or (b) • until his/her disqualification, death, resignation or removal. New Officers shall take office at the adjournment of the annual meeting of the Board at which they were elected. Not more than one (1) Director of a Member shall be elected an officer during the same term. No two (2) offices maybe held by the same Director. Directors of a Member that have given notice of withdrawal shall not be eligible to become Officers or to vote on the selection of Officers. Any Officer who ceases to be a Director shall at the same time cease to be an Officer. Section 6.2. Resignation. Any Officer of the Board may resign at any time by giving written notice of his/her resignation to any other Officer of the Board. The resignation shall take effect at the time specified therein or, if no time is specified therein, upon receipt thereof by any other Officer of the Board. The acceptance of a resignation shall not be necessary to make it effective. • 393030/RED 5 Section 6.3. Removal. Any Officer maybe removed, with or without cause, by a vote of four-fifths (4/5) of the total number of Directors, at any meeting of the Board includes notice of such action, and provided further that at any meeting or at which all of the Directors of this Board are present at the meeting. Removal shall be effective upon adjournment of the meeting. Section 6.4. Vacancies. A vacancy in any office because of disqualification, death, resignation or removal shall be filled for the unexpired portion of the term by an election at the next Board meeting in a manner consistent with the election procedures prescribed herein. Section 6.5. Chair; Vice Chair. The Chair shall: (a) preside at all meetings of the Board; and (b) see that all orders and resolutions are carried into effect; (c) sign and deliver instruments pertaining to the business of the Commission, except in cases in which such execution and delivery shall be expressly delegated by the Directors or by these By-laws to some other Officer or agent of the Commission or shall be required by law to be otherwise executed and delivered; and (d) shall perform all duties incident to the office of Chair and such other duties as maybe delegated by the Board. The Vice Chair shall act as Chair in the absence of the Chair. Section 6.6. Secretary/Treasurer. The Secretary/Treasurer shall be a city manager or delegate of a city manager. He/she shall serve as the Chair of the Managers' Committee. The Secretary/Treasurer shall be responsible for such other matters as shall be delegated to him/her by the Commission. The Secretary/Treasurer shall be responsible for receiving the bank statements to review the financial transactions of the Commission. In conducting the Commission's financial affairs, the Secretary/Treasurer shall, at all times, act in accordance with generally accepted accounting principles. • 393030/RED 6 Section 6.7. Other Officers, Agents and Employ. The Board may appoint such other officers as it deems necessary, and all such officers shall be Directors. The Board shall have the authority to hire, supervise and discharge full or part time agents, legal counsel empleyee~. administrator and emplovees. aeC~ie~ H-g--A€f~Eer~06 '~,- rr~, r~. ~ ~r;^° ri.., ,.~ c° °~ ~,irr~-°^^„ ° GGIl / 11 V<l Y, £estie~s3 Section 6.8. Dele ag tion. An Officer elected or appointed by the Board may delegate in writing some or all of the duties and powers of his/her office to other persons. Section ~9 6.9. Bond. The Board shall, from time to time, determine which, if any, Officers and employees of the Commission shall be bonded and the amount of each bond. The Commission shall bear the cost of any required bond. ARTICLE VII. ADMINISTRATOR Section 7. 1. Administrator. The Administrator is employed by the Commission to manage the operations of the Commission. The Administrator will be responsible for organizing Commission meetings, giving proper notice to the Directors of Commission meetings, developing agendas, handling complaints, c°^*~°„ ''.'"'°r°~„', attending Commission meetings, coordinating with cable operator representatives, preparing minutes of meetings, assisting Commission members, participating and/or attending cable and telecommunications conferences as directed by the Board, meeting and coordinating with school and access personnel, coordinating with other municipalities on • matters of cooperation and such other duties as delegated by the Board. 393030/RED 7 Section 7.2. Financial Responsibilities. The Secretary/Treasurer shall: (a) keep accurate financial records for the Commission; (b) deposit all monies, drafts and checks in the name of and for the credit of the Commission in such bank and depository as the Board shall designate from time to time; (c) endorse for deposit all notes, checks and drafts received by the Commission as ordered by the Board, making proper vouchers therefor; (d) disburse Commission funds and issue checks and drafts in the name of the Commission; e~all transactions regarding the financial condition of the Commission} and lfl provide a written Secretary/Treasurer's report to the Board for action at all Commission meetings. Section 7.3. Powers. The Administrator shall have the power to manage the business and affairs of the Commission in the intervals between the meetings of the Board, subject to the direction and control of the Board. ARTICLE VIII. MANAGERS' COMMITTEE Section 8.1. Qualifications. The Managers' Committee shall consist of the city manager or his or her designee appointed by each Member. The Secretary/Treasurer shall act as Chair of the Managers' Committee. Section 8.2. Authority. The Managers' Committee shall have the authority to manage the property, affairs and business of the Commission between Commission meetings, to the extent specifically delegated by the Board, but at all times, shall be subject to the control and direction of the Board. The Managers' Committee may make any required employer contributions which local government units are authorized or required to make by law. Section 8.3. Meetings. The Managers' Committee shall meet at a time and place to be • determined by the Board. Special meetings maybe called by the Chair of the Managers' 393030/RED 8 Committee or by any other two (2) members of the Managers' Committee. The date and place of the special meeting shall be fixed by the person or persons calling it. At least seventy-two (72) hours (from the time of mailing) advance written notice of a special meeting shall be given to all members of the Managers' Committee by the person or persons calling the meeting. The notice shall state the matters to be considered at the special meeting and only those matters shall be considered at that meeting. Section 8.4. Quorum and Manner of Action. The provisions of Article V, Section 5.2 shall apply to meetings of the Managers' Committee. Section 8.5. By-Laws. The Managers' Committee shall review the By-Laws and shall facilitate By-Law changes pursuant to the procedures set forth in Article VIII, Section ~ 4 of the Joint and Cooperative Agreement. ARTICLE IX. OTHER COMMITTEES Other committees maybe established as necessary by the Board. Such committees shall conduct business in a manner consistent with the Bylaws and shall at all times be accountable to the Board. ARTICLE X. OFFICIAL ADDRESS The official address and telephone number of the Southwest Suburban Cable Commission shall be the Administrator's address and telephone number. I certify that the foregoing By-Laws of the SOUTHWEST SUBURBAN CABLE COMMISSION were adopted by the Board of Directors at the regular meeting thereof on this ~e ' °°'' '~~~ as of 2001, by James Genellie, Secretary/Treasurer. • By: James Genellie. Secretary/Treasurer 393030/RED 9 U AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CONSENT 5F 133 CITY COUNCIL MEETING JUNE 11, 2001 REPORT PREPARED BY: STEVEN L. DEVICH ADMINISTRATIVE SERVICES DIRECTOR NAME, TITLE REPORT PRESENTER: STEVEN L. DEVICH ADMINISTRATIVE SERVICES DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ~ ~ ~'~- .SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Resolution accepting Time Warner resolution approving transfer of the control of KBL Cables stems of the Southwest, Inc. and cable television franchise to AOL Time Warner. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution accepting the resolution approving the transfer of control of KBL Cablesystems of the Southwest, Inc., the cable television franchise, to AOL Time Warner. • II. BACKGROUND In April, 2000 the Southwest Suburban Cable Commission (SWSCC) and the individual five member cities each acted on the approval of the transfer of ownership of the company and cable franchise from KBL Cablesystems of the Southwest, Inc. (KBL) to AOL Time Warner. The final portion of the formal transfer process was for AOL Time Warner to approve a resolution for Acceptance of the Resolution Approving the Transfer of Control. AOL Time Warner inadvertently failed to execute and forward the signed acceptance resolution upon 30 days of the date of transfer closing as required. They have discovered their error and are now requesting permission to submit the acceptance resolution to the SWSCC. 0611 Cable Transfer III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield adopted Resolution No. 8874 on April 24, 2000 that approved the transfer of the local television franchise from KBL to AOL Time Warner due to the merger of AOL and Time Warner. The final portion of that transfer process was to be the execution of a resolution of acceptance by AOL Time Warner within 30 days after the transfer. • AOL Time Warner inadvertently failed to execute and submit such a resolution within the 30-day period and have brought the matter to the attention of the SWSCC. • The SWSCC acted on this matter on April 25, 2001 and is recommending that each member City adopt the attached resolution extending the deadline until July 31, 2001. • This resolution is a housekeeping matter that should be concluded. • The AOL Time Warner resolution is unexecuted at this time pending authorization of the filing extension by the five cities. B. CRITICAL ISSUES • The AOL Time Warner resolution of acceptance was not filed in accordance with the timeframe outlined in the transfer process adopted in April 2000. The resolution under consideration would extend the timeframe forAOL Time Warner until July 31, 2001. C. FINANCIAL • None D. LEGAL • A resolution of acceptance must be submitted by AOL Time Warner to complete the transfer process. • An extension of the time period must be approved by the member cities to allow AOL Time Warner to file a timely resolution of acceptance. • Technically, AOL Time Warner may be in breach of the franchise agreement if the cities do not approve the extension. However, it is unclear what the ramifications of such a breach may be at this time. IV. ALTERNATIVE RECOMMENDATION(S~ • Disallow the extension of time for AOL Time Warner placing them in a potential breach of contract situation. ~ V. ATTACHMENTS ~ • Resolution Approving Acceptance Resolution • SWSCC letter • Resolution of Acceptance from AOL Time Warner: VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • • RESOLUTION NO. APPROVING THE ACCEPTANCE OF THE RESOLUTION APPROVING THE TRANSFER OF CONTROL OF KBL CABLESYSTEMS OF THE SOUTHWEST, INC., THE CABLE TELEVISON FRANCHISEE, TO AOL TIME WARNER WHEREAS, the City of Richfield, Minnesota ("City") passed and adopted Resolution No. 8874, approving the transfer of control of KBL Cablesystems of the Southwest, Inc. to AOL Time Warner ("Franchisee") subject to certain specified criteria including, but not limited to, the receipt of a signed Acceptance upon thirty (30) days of the date of the transfer closing. WHEREAS, AOL Time Warner inadvertently failed to execute and forward • a signed Acceptance upon thirty (30) days of the date of the transfer closing as required. NOW, THEREFORE, the City Council for the City resolves as follows: 1. The City hereby extends the thirty (30) day requirement required in Resolution No. 8874 Section 3(c) until July 31, 2001. This Resolution shall take effect and continue and remain in effect from and after the date of its passage, approval, and adoption. A motion to approve the foregoing Resolution No. by Council Member was made and duly seconded by Council Member _ The following Council Members voted in the affirmative: • The following Council Members voted in the negative: 420946/1 r~ u Passed and adopted by the City Council for the City this day of , 2001. . ATTEST: CITY OF RICHFIELD, MINNESOTA sy: By: its: 420946/1 its: 2 • SOUTHWEST SUBURBAN CABLE COMMISSION c/o Moss & Barnett, A Professional Association 4800 Wells Fargo Center, 90 South Seventh Street Minneapolis, MN 55402 Phone: (612) 347-0340 Fax: (612) 339-6686 • n U May 10, 2001 VIA EMAIL AND U.S. MAIL Mr. Gordon Hughes City Manager City of Edina 4801 West 50th Street Edina, MN 55424 E'MI'. Steve Devich Assistant City Manager .City of Richfield 6700 Portland Avenue Richfield, MN 55423 Mr. Chris Enger City Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Mr. John Gunyou Mr. Jim Genellie Assistant City Manager City of Hopkins 1010 South First Street Hopkins, MN55343 City Manager City of Minnetonka 14600 Minnetonka Boulevard Minnetonka, MN 55345 Re: Time Warner/AOL Transfer -Southwest Suburban Cable Commission Dear Gentlemen: As we discussed at the Full Commission meeting on Apri125, 2001, enclosed herewith please find a Resolution regarding AOL Time Warner's Acceptance of the transfer resolution and franchise. The Resolution should be placed on your City Council's agenda for review, consideration and action. If you have any questions or require modification of the enclosed document, please feel free to contact me. Very truly yours, /~.~~ ~~~ Brian T. Grogan BTG/tlh Enclosure (via email and U.S. Mail) 418984/1 • CITY OF RICHFIELD, MINNESOTA ACCEPTANCE OF THE RESOLUTION APPROVING THE TRANSFER OF CONTROL KBL Cablesystems of the Southwest, Inc. hereby agrees to comply with the terms and conditions of Resolution No. 8874 and the Franchise referenced therein. KBL CABLESYSTEMS OF THE SOUTHWEST, INC. By: Its: • Subscribed and sworn to me this to me this day of , 2001 Notary Public • 420946/1 3 AGENDA SECTION: CONSENT AGENDA ITEM # 5 E REPORT # 13 2 J STAFF REPORT CITY COUNCIL MEETING JUNE 11, 2001 REPORT PREPARED BY: RANDY HUGHES, OPERATIONS COORDINATOR NAME, TITLE REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE • DEPARTMENT DIRECTOR REVIEW: ~" REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution relating to the 2002 maintenance assessments, LHN L ndale/HUB/Nicollet redevelo ment area. RECOMMENDED ACTION: By Motion: Adopt the attached resolution proposing to specially assess for the costs of current services provided within the LHN project area for the period of January 1, 2002 through December 31, 2002, and to set the public hearing date for July 23, 2001. II. BACKGROUND On January 26, 1981, the City Council adopted Resolution No. 6372, which established a service in the LHN area (approximately bounded. by 64th Street, First Avenue, 67th Street .and Emerson Avenue) which would be specially assessed. The special assessment to commercial property would be made on the basis of area, with each square foot of assessable commercial property within the district being assessed an equal amount. All single-family, two-family and multiple-family residential property within this area were eliminated from the special assessment- levy. 06111hn02assess In 1982, agreements were reached with owners in the LHN area related to maintenance of • property. For the most part, each owner was to be responsible for property to the curb while the City is responsible for common areas such as street islands. Although the City does do some maintenance work for individual property owners, these costs are directly assessed to the appropriate owner and maintenance of common areas continues to be assessed to the entire district. Current maintenance services for the district would include, but not necessarily be limited to, one or more of the following: 1. Landscaping, including tree trimming; 2. Sidewalk sweeping in summer; 3. Snow removal in winter; 4. Sidewalk deicing; 5. Painting and repair of wood furniture; 6. Trash removal; 7. General maintenance, including. repairs and replacement; 8. Irrigation maintenance; 9. Ornamental street light maintenance. These items .are extra services provided directly to the LHN Redevelopment Area and do not include services provided to the entire City. For example, all City streets are swept twice a year, and for this service there would be no charge to the. LHN maintenance assessment. However, any additional street sweeping in the LHN area would be an assessable item. • Estimated and actual costs for LHN maintenance services 1989-2002 are: Year Estimated Actual 1989 $43,151.19 1990 $44,560 $43,539.10 1991 $44,153 $43,825.22 1992 $46,484 $47,005.26 1993 $45,050 $34,866.01 1994 $45,115 $44,635.70 1995 $45,516 $36,105.50 1996 $46,080 $48,118.39 1997 $47,730 $31,208.46 1998 $49,165 $39,127.73 1999 $50,640 $47,480.80 2000 $45,000 $31,273.61 2001 $50,000 2002 $50,000 III. BASIS OF RECOMMENDATION A. POLICY • Resolution No. 6372, adopted in 1981, established policy for assessing the costs. • This policy allows staff to continue to provide excellent service to the LHN Redevelopment Area. • B. CRITICAL ISSUES • N/A C. FINANCIAL • The estimated cost of the maintenance assessments for the LHN Redevelopment area will be $50,000. D. LEGAL • Section 825.05, Subd. 2. of the City Code states that "the City Clerk, under the Council's direction, shall publish notice that the Council will meet to consider the undertaking of current services and the levying of special assessments to pay costs thereof." IV. ALTERNATIVE RECOMMENDATION(S~ • Council may choose to establish a set rate and limit the maintenance performed to that dollar amount; however, staff believes the redevelopment area would suffer if limited maintenance was performed. V. ATTACHMENTS • Resolution proposing to specially assess the costs of current services • provided within the Lyndale/HUB/Nicollet (LHN) project area for the period January 1, 2002 through December 31,.2002. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • RESOLUTION NO. RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE LYNDALE/HUB/NICOLLET (LHN) PROJECT AREA FOR THE PERIOD JANUARY 1, 2002 THROUGH DECEMBER 31, 2002. BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. There is hereby established a special assessment district, the boundaries of which are conterminous with the Lyndale/HUB/Nicollet Redevelopment Project Area, for the purposes of assessing for current services provided by the City. 2. The following current services of the City are hereby proposed to be undertaken by the. City in the district, with the costs of such services to be specially assessed against benefited property within the district: • Snow, ice or rubbish removal; • Weed elimination; • Elimination or removal of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes Section 463.15 to 463.26; • Installation or repair of water service lines; • Street sprinkling or other dust treatment of streets; • Trimming and care of trees and the removal of unsound trees; • Repair of sidewalks, crosswalks, and other pedestrian walkways; • Operation of the street lighting system; • Maintenance of landscaped areas and other public amenities on or adjacent to street right-of-way; • Maintenance of Civic Plaza; • Snow removal and other maintenance of streets; • .Painting and repair of wood furniture; • General maintenance, including repairs and replacement. 3. The area proposed to be specially assessed for such current services consists of every assessable lot and parcel of land within the district. It is proposed that special assessments on commercial property be made on the basis of the area with each square foot of assessable. commercial property within the district being assessed an equal amount for maintenance of common are. Exempt from the special assessment levy shall be all single family, two-family, multiple family residential property within the LHN redevelopment district. Special maintenance of individual commercial properties shall be assessed directly for costs incurred in performing said maintenance to said property. 4. The City Clerk is authorized and directed to give public notice of a hearing by this Council at which the Council will consider the undertaking of such current services and the levying of special assessments to bear the costs thereof. The City Clerk shall also give mailed and published notice of such hearing as required by law. Such hearing shall be held on Monday, July 23, 2001, commencing at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda. 5. It is hereby proposed that the project consist of the costs of the aforementioned services for the period of January 1, 2002 through December 31, 2002. The estimated cost of providing all the aforementioned current services during that period is $50,000. Adopted by the City Council of the City of Richfield, Minnesota this 11 h day of June, 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • .7 STAFF REPORT AGENDA SECTION: CONSENT AGENDA ITEM # SD REPORT # 131 CITY COUNCIL MEETING JUNE 11, 2001 • r REPORT PREPARED BY: .RANDY HUGHES, OPERATIONS COORDINATOR NAME, TITLE REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of .resolution relating to 2002 maintenance assessments for the 77th Street redevelo ment area: RECOMMENDED ACTION: By Motion: Adopt the attached resolution proposing to specially assess for the costs of current services provided with the 77th Street Project Area for the period of January 1, 2002 through December 31, 2002 and to set the public hearing date for Monday, July 23, 2001. • II. BACKGROUND Resolution No. 7405, adopted in 1988, established a policy for assessing the costs to the special assessment district for the Interstate/Lyndale/Nicollet (ILN) project area, an approximate two-block area. The district included properties east of Lyndale and south of 77th Street, and the properties were assessed for current services required to maintain special landscape features and other public amenities on or adjacent to the right-of-way. On June 12, 1994, the City Council took action to support the continuance of specially assessing a redefined ILN expanded 77th Street Project Area (from I-35W to Portland Avenue) for the period of January 1, 1995 through December 31, 1995. 061177th02assess On November 25, 1996, the City Council took action to support the continuance of specially assessing another redefined expanded (from I-35W to Cedar Avenue) 77th Street Project Area for the period of January 1, 1996 through December 31, 1996. For the most part, each owner is to be responsible for property to the curb while the City is responsible for common areas such as street islands, the north boulevard and sound wall. Although the City does do some maintenance work for individual property owners, common areas continue to be assessed to the entire district. Current maintenance services for the district would include, but not necessarily be limited to, one or more of the following: 1. Landscape maintenance of common properties including, among other things,. tree trimming, mowing, fertilizing and edging. 2. Irrigation maintenance. 3. General maintenance including repair and replacement of Tights, signs, curbs and plantings. These items are extra services provided directly to the 77th Street Project Area, and do not include services provided to the entire City. Most of the routine maintenance (mowing, weeding, litter cleanup) has been and will continue to be contracted; leaving City crews to perform repairs on irrigation, lights and signs. Estimated costs for the ILN/77th Street maintenance services from 1988- 2002 were/are: Year Estimate Actual 1988 $ 7,00.1.47 1989 $ 7,254 $ 6,135.54 1990 $ 7, 514 $ 7, 762.52 1991 $ 7,780 $ 8,855.46 1992 $ 8,894 $ 7,031.70 1993 -0 1995 $18,000 $10,569.06 1996 $33,795 $36,850.31 1997 $58,973 $44,729.90 1998 $74,765 $54,629.54 1999 $80,000 $76,674.70 2000 $75,000 $70,594.70 2001 $85,000 2002 $80,000 * The $0 estimate was provided to the Council in a 12/28/93 memorandum. III. BASIS OF RECOMMENDATION • A. POLICY • Resolution No. 7405, adopted in 1988, established a policy for assessing the costs. • Commercial property owners will be assessed on aper-square-foot basis. However, all single family and multi-family residential properties, plus the two churches in the area, would be exempt from the special assessment levy. B. CRITICAL ISSUES • N/A C. FINANCIAL • The estimated cost of the maintenance assessments for the 77th Street area will be $80,000. D. LEGAL • Section 825.05, Subd. 2. of the City Code states that "the City Clerk, under the Council's direction, shall publish notice that the Council will meet to consider the undertaking of current services and the levying of special assessments to pay costs thereof." IV. ALTERNATIVE RECOMMENDATION~S~ • Council may choose to establish a set rate and limit the maintenance performed to that dollar amount; however, staff believes. the redevelopment area would suffer if limited maintenance was performed. ATTACHMENTS V • Resolution proposing to specially assess for current services provided to the 77th Street project area for the period January 1 through December 31, 2002. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • RESOLUTION NO. RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE 77TH STREET PROJECT AREA FOR THE PERIOD JANUARY 1, 2002 THROUGH DECEMBER 31, 2002 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. There is hereby established a special assessment district, the boundaries of which are east of I-35W and west of Cedar Avenue, for the purposes of assessing for current services provided by the City. 2. The following current services of the City are hereby proposed to be undertaken by the City in the District with the cost of such services to be specially assessed against benefited property within the District; • The trimming and care of trees and shrubs and the removal of any unsound trees from any street; • The repair of sidewalks; • The maintenance of landscaped areas and other public amenities on or adjacent to street rights-of-way; • Trash and litter removal 3. The area proposed to be specially assessed for such current services consists of each and every commercial lot and parcel of land within the District. It is proposed that the special assessments on the commercial property be made on the basis of area. 4. The City Clerk is hereby authorized and directed to publish notice of a hearing by this Council at which the Council will consider the undertaking of such current services and the levying of special assessments to bear the costs thereof. Such notice shall be published in the official newspaper at least once, at least two weeks prior to the date of hearing. The City Clerk shall also give mailed notice of such hearing as required by law. Such hearing shall be held Monday, July 23, 2001, commencing at 7:00 o'clock p.m. or as soon thereafter as the matter can be reached on the agenda. 5. It is hereby proposed that the project consist of the aforementioned services for the period from January 1, 2002 through December 31, 2002. The estimated cost of providing all. of the aforementioned services during that period is $80,000. Passed by the City Council of the City of Richfield, Minnesota this 11th day of June, 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk CJ AGENDA SECTION: CONSENT AGENDA ITEM # 5 C REPORT # 130 J STAFF REPORT CITY COUNCIL MEETING JUNE 11, 2.001 REPORT PREPARED BY: RANDY HUGHES, OPERATIONS COORDINATOR NAME, TITLE REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for 2000 LHN Maintenance, and consideration of resolution setting the date of hearin on the. ro osed assessment for Jul 23, 2001. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for 2000 LHN Maintenance, and adopt the resolution setting the date of hearing. on the proposed assessment for July 23, 2001. :~ IL BACKGROUND The Lyndale/HUB/Nicollet (LHN) maintenance assessment was established to recover extraordinary maintenance expenses in the LHN (66th Street/Lyndale/Nicollet) area. The Lyndale/Hub/Nicollet Redevelopment Area is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue. City staff has determined costs of current services to be assessed for the 2000 maintenance of the LHN redevelopment area, 06111hn00assess III. BASIS OF RECOMMENDATION A. POLICY • Section 825 of the City Code indicates "current services" mean one or more of the following: (a) snow, ice, or rubbish removal from. sidewalks; (b) weed elimination from streets or private property; (c) removal or elimination of public health or safety hazards from private property, excluding and structure included under the provisions of Minnesota Statues, sections 463.15 to 463.26; (d) installation or repair of water service lines; (e) street sprinkling, sweeping, or other dust treatment of streets; (f) the trimming and care of trees and the removal of unsound trees from any street; (g) the treatment and removal of insect-infested or diseased trees on private property; (h) the repair of sidewalks and alleys; (i) the- operation. of a street lighting system; Q) the maintenance of landscaped areas, decorative parks and other public amenities on or adjacent to street right-of-way; and (k) snow removal and other maintenance of streets in commercial redevelopment areas. • Amend Council directive. B. CRITICAL ISSUES • On or before September 1 of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. C. FINANCIAL • Estimated and actual costs for the LHN maintenance services 1989- 2001 were/are: Year Estimated Actual 1989 $43,151.19 1990 $44,560 $43,539.10 1991 $44,153 $43,825.22 1992 $46,484 $47,005.26 1993 $45,050 $34,866.01 1994 $45,115 $44,635.70 1995 $45,516 $36,105.50 1996 $46,080 $48,118.39. 1997 $47,730 $31,208.46 1998 $49,165 $39,127.73 1999 $50,640 $47,470.80 2000 $45,000 $31,273.61 2001 $50,000 2002 $50,000 Fluctuations in expenditures for maintenance of LHN are caused by a number of factors. Weather determines water usage and irrigation costs; street light knockdowns are never foreseeable and very expensive; and the need to paint streetlights and repair concrete varies from year to year. D. LEGAL • No legal issues are apparent at this time. The City Attorney will be in .attendance at the Council meeting should a legal question arise. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may make any changes to the assessment roll as deemed necessary after the public hearing. V. ATTACHMENTS • Resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for 2000 LHN Maintenance. • Resolution setting the date of hearing on the proposed assessment for July 23, 2001. VI. PRINCIPAL PARTIES EXPECTED AT MEETING . • None. RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR LHN MAINTENANCE JANUARY 1, 2000 THROUGH DECEMBER 31, 2000 WHEREAS, costs have been determined for the maintenance of the Lyndale/Hub/Nicollet (LHN) Redevelopment Area which is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue in the City of Richfield and the expenses incurred or to be incurred for such maintenance amount to $31,273.61 for the period of January 1, 2000 through December 31, 2000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The portion of the cost to be assessed against benefited property owners is declared to be $31,273.61. 2. The City Clerk shall forthwith. calculate the proper amount to be specially assessed for such maintenance against every assessable lot, piece or parcel of land within the district affected, without regard to cash. valuation, as provided by law, and shall file a copy of such proposed assessment in his office for public inspection. . 3. The City Clerk shall, upon the completion of such proposed assessment, notify the City. Council thereof. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of June, 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • RESOLUTION NO. • RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR LHN MAINTENANCE JANUARY 1, 2000-THROUGH DECEMBER 31, 2000 WHEREAS, by a resolution passed by the City Council of the City of Richfield on June 11, 2001, the City Clerk was directed to prepare a proposed assessment of the cost of maintaining the Lyndale/Hub/Nicollet Redevelopment Area which is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue in the City of Richfield, Minnesota for the period of January 1, 2000 through December 31, 2000. WHEREAS, the City Clerk has notified the City Council that such proposed assessment has been completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: A hearing shall be held on the 23rd day of July, 2001, in the Council Chambers of the City Hall at 7:00 p.m. or as soon thereafter as the. matter can be reached on the agenda to pass upon such proposed assessment and at such time and place all persons owning property affected by said maintenance assessment will be given an opportunity to be heard in reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the maintenance. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less that two weeks prior to the hearing. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of June, 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • • STAFF REPORT CONSENT 5B 129 AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING TUNE 11, 2001 • REPORT PREPARED BY: RANDY HUGHES, OPERATIONS COORDINATOR NAME, TITLE REPORT PRESENTER: 1VIIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ %~~ ~%v SIGNATURE REVIEWED BY CITY MANAGER: ~ ~ . ~~~ n ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for 2000 77th Street Maintenance, and consideration of resolution settin the date of hearin on the ro osed assessment for Jul 23, 2001. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for 2000 77th Street Maintenance, and adopt the resolution setting the date of hearing on the proposed assessment for July 23, 2001. • II. BACKGROUND Since the 1988 construction of the short section of 77th Street around the Hampton Inn, the City has been performing special, high-quality maintenance along 77th Street. The maintenance specifications required as part of the 77th Street construction projects have now lapsed so the special maintenance responsibilities rest entirely on the City. The maintenance functions, known as current services, are funded through the maintenance assessment on the 77th Street businesses. City staff has determined costs to be assessed for the maintenance of the 77th Street redevelopment area between. I-35W and Cedar Avenue. 061177th00assess III. BASIS OF RECOMMENDATION A. POLICY • Section 825 of the City Code .indicates "current services" mean one or more of the following: (a) snow, ice,. or rubbish removal from sidewalks; ~~ (b) weed elimination from streets or private property; (c) removal or elimination of public health or safety hazards from private property, excluding and structure included under the provisions of Minnesota Statues, sections 463.15 to 463.26; (d) installation or repair of water service lines; (e) street sprinkling, sweeping, or other dust treatment of streets; (f) the trimming and care of trees and the removal of unsound trees from any street; (g) the treatment and removal of insect-infested or diseased trees on private property; (h) the repair of sidewalks and alleys; (i) the operation of a street lighting system; ~) the maintenance of landscaped areas, decorative parks and other public amenities on or adjacent to street right-of-way; and (k) snow removal. and other maintenance of streets in commercial redevelopment areas. • Ame nd Council directive. B. CRITICAL ISSUES • On or before September 1 of each year, the City shall list the total • unpaid charges for current services against. each separate lot or parcel to which they are attributable under section 825 of the City Code. C. FINANCIAL • Estimated and actual costs for the 77th Street maintenance services 1988-2001 were/are: Year Estimate Actual 1988 $7,001.47 1989 $7,254 $6,135.54 1990 $7,514 $7,762.52 1991 $7,780 $8,855.46 1992 $8,894 $7,031.70 1993 $9,200 $3,614.94 1994 $0 estimate in a 12/28/93 Council memorandum 1995 $18,000 $10,569.06 1996 $33,795 $36,850.31 1997 $58,973 $44,729.90 1998 $74,765 $54,629.54 1999 $80,000 $76,674.70 2000 $80,000 $70,594.20 2001 $85,000 2002 $80,000 D. LEGAL i • No legal issues are apparent at this time. The City Attorney will be in attendance a t the Council meeting should a legal question arise. • ~ IV. ALTERNATIVE RECOMMENDATION(S) ~ • Council may make any changes to the assessment roll as deemed necessary after the public hearing. ATTACHMENTS ~ • Resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for 2000 77th Street Maintenance. • Resolution setting the date of hearing on the proposed assessment for July 23, 2001. ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ • None. • n U RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 77TH STREET MAINTENANCE JANUARY 1, 2000 THROUGH DECEMBER 31, 2000 .WHEREAS, costs have been determined for the maintenance of the 77th Street Redevelopment Area the boundaries of which are approximately east of I-35W and west of Cedar Avenue in the City of Richfield and the expenses incurred or to be incurred for such maintenance amount to $70,594.20 for the period of January 1, 2000 through December 31, 2000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: The portion of the cost to be assessed against benefited property owners is declared to be $70,594.20. 1. The City Clerk shall forthwith calculate the .proper amount to be specially assessed for such maintenance against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in his office for public inspection. 2. The City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of June, 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • • RESOLUTION NO. RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR 77TH STREET MAINTENANCE JANUARY 1, 2000 THROUGH DECEMBER 31, 2000 WHEREAS, by a resolution passed by the City Council of the City of Richfield on June 11, 2001, the City Clerk was directed to prepare a proposed assessment of the cost of maintaining the 77th Street redevelopment area, the boundaries of which are east of 1-35W and west of Cedar Avenue in the City of Richfield, Minnesota for the period of January 1, 2000 through December 31, 2000. WHEREAS,-the City Clerk has notified the City Council that such proposed assessment has been completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. A hearing shall be held on the 23rd day of July, 2001, in the Council Chambers of the City Hall at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda to pass upon such proposed assessment and at such time and place all persons owning. property affected by said maintenance assessment will be given an opportunity to be heard in reference to such assessment. • 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the maintenance. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less that two weeks prior to the hearing. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of June, 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk n L.J • AGENDA SECTION: CONSENT AGENDA ITEM # 5A REPORT# 128 ~~ STAFF REPORT CITY COUNCIL MEETING JUNE 11, 2001 REPORT PREPARED BY: RANDY HUGHES, OPERATIONS COORDINATOR NAME, TITLE REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: 1~ ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution declaring costs to be assessed for removal of diseased trees from private property for the period January 1, 2000 through December 31, 2000, and consideration of a resolution settin date of hearin . I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution declaring costs to be assessed and ordering the preparation of the proposed assessment roll for the 2000 removal of diseased trees from private property, and adopt the resolution setting the date of hearing on the proposed assessment for Jul 23, 2001. II. BACKGROUND Property owners of diseased trees have four options available: 1. Remove the tree themselves. 2. Hire and pay their own contractor. 3. Hire the City's contractor and pay for the removal within 30 days. 4. Use the City's contractor and request that the cost of the tree removal be assessed against their property tax. 0611TreeAssess In the period from January 1, 2000 through December 31, 2000, 45 property • owners chose the fourth option. III. BASIS OF RECOMMENDATION A. POLICY • The work has been done with prior approval from the affected residents. • Minnesota State Statute requires the County to be notified of all special assessments.. B. CRITICAL ISSUES • N/A C. FINANCIAL The costs to be assessed for the removal of Dutch Elm diseased trees on private property for the period January 1, 2000 through December 31, 2000 have been determined to be $37,807.77. • The original source of funding to have the work done is through the City's Permanent Improvement Revolving Fund. The property owner may prepay the special assessment, but if it is certified on or before October 10, 2001, for the 2002 taxes, the interest rate is eight percent • with payment spread over three years: D. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. IV. ALTERNATIVE RECOMMENDATION(S~ • .Council may revise the special assessment roll as deemed necessary following the public hearing. V. ATTACHMENTS • Resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for 2000 removal of diseased trees from private property. • Resolution setting the date of hearing on the proposed assessment for July 23, 2001. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • . RESOLUTION NO. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 2000 TO DECEMBER 31, 2000 WHEREAS, costs have been determined for the removal of diseased trees from the following private properties in the City of Richfield and the expenses incurred or to be incurred for such work during the period of January 1, 2000 through December 31, 2000 amount to $37,807.77. Property Address Property Identification Number 7313 Grand Avenue 34-028-24-23-0147 6629 Logan Avenue 28-028-24-31-0054 1017 W 76th Street 33-028-24-44-0024 6532-2nd Avenue 27-028-24-13-0093 7101-12th Avenue 35-028-24-12-0032 6408-15th Avenue 26-028-24-13-0053 7141 Portland Avenue 35-028-24-22-0077 7300-3rd Avenue 34-028-24-13-0001 7021 Augsburg Avenue 34-028-24-22-0036 • 7200 Morgan Avenue 7639 Harriet Avenue 33-028-24-23-0031 34-028-24-33-0042 2500 W 70 1 /2 Street 32-028-24-11-0027 7137 Nicollet Avenue 34-028-24-12-0106 7006 Logan Avenue 33-028-24-22-0006 7044 Morgan Avenue 33-028-24-22-0028 6234 Pillsbury Avenue 27-028-24-21-003.1 7432 Sheridan Avenue 32-028-24-41-0014 7201 Newton Avenue 33-028-24-23-0046 7344-18th Avenue 35-028-24-14-0105 7115 Morgan Avenue 33-028-24-22-0078 7037 Logan Avenue 33-028-24-21-0111 6325-14th Avenue 26-028-24-12-0092 7544 Vincent Avenue 32-028-24-42-0104 6601 Logan Avenue 28-028-24-31-0061 7226 Chicago Avenue 35-028-24-23-0117 6813 Knox Avenue 28-028-24-34-0112 6312-15th Avenue 26-028-24-12-0078 6805 Thomas Avenue 29-028-24-44-0087 6628 Lynnwood Boulevard 28-028-24-42-0072 6525 Emerson Avenue 28-028-24-13-0062 7244 Logan Avenue 33-028-24-23-0022 7408 Stevens Avenue 34-028-24-42-0034 • 6940 Sheridan Avenue 29-028-24-44-0098 6801 James Avenue 28-028-24-34-0110 • 6401-16th Avenue 26-028-24-14-0004 6744 Stevens Avenue 27-028-24-42-0039 6645 Oliver Avenue 28-028-24-32-0044 6600 Knox Avenue 28-028-24-31-0042 6800 Irving Avenue 28-028-24-34-0009 6929 Russell Avenue 29-028-24-44-0151 6540 Emerson Avenue 28-028-24-13-0077 7108-5th Avenue 34-028-24-11-0008 7440 Fremont Avenue 33-028-24-42-0041 6944-3rd Avenue 27-028-24-43-0051 6633 Lynnwood Boulevard 28-028-24-41-0032 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The total cost to be assessed against benefited .property owners is declared to be $37,807.77. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such work against each benefited property, and shall file a copy of such proposed assessment in his office for public inspection. • 3. The Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. Adopted by the City Council of the City of Richfield this 11th day of June, 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs,. City Clerk • • RESOLUTION NO. RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR DISEASED TREE REMOVAL FROM PRIVATE PROPERTY FOR THE PERIOD JANUARY 1, 2000 TO DECEMBER 31, 2000 WHEREAS, by a resolution passed by the City Council of the City of Richfield on June 11, 2001, the City Clerk was directed to prepare the assessment of the cost of removing diseased trees from the following private properties in the City of Richfield for the period January 1, 2000 through December 31, 2000. Property Address Propert rLldentification Number 7313 Grand Avenue 34-028-24-23-0147 6629 Logan Avenue 28-028-24-31-0054 1017 W 76th Street 33-028-24-44-0024 6532-2nd Avenue 27-028-24-13-0093 7101-12th Avenue 35-028-24-12-0032 6408-15th Avenue 26-028-24-13-0053 7141 Portland Avenue- 35-028-24-22-0077 7300-3rd Avenue 34-028-24-13-0001 7021 Augsburg Avenue 34-028-24-22-0036 7200 Morgan Avenue 33-028-24-23-0031 7639 Harriet Avenue 34-028-24-33-0042 • 2500 W 70 1 /2 Street 32-028-24-11-0027 7137 Nicollet Avenue 34-028-24-12-0106 7006 Logan Avenue 33-028-24-22-0006 7044 Morgan Avenue 33-028-24-22-0028 6234 Pillsbury Avenue 27-028-24-21-0031 7432 Sheridan Avenue 32-028-24-41-0014 7201 Newton Avenue 33-028-24-23-0046 7344-18th Avenue 35-028-24-14-0105 7115 Morgan Avenue 33-028-24-22-0078 7037 Logan Avenue 33-028-24-21-0111 6325-14th Avenue 26-028-24-12-0092 7544 Vincent Avenue 32-028-24-42-0104 6601 Logan Avenue 28-028-24-31-0061 7226 Chicago Avenue 35-028-24-23-0117 6813 Knox Avenue 28-028-24-34-0112 6312-15th Avenue 26-028-24-12-0078 6805 Thomas Avenue 29-028-24-44-0087 6628 Lynnwood. Boulevard 28-028-24-42-0072 6525 Emerson Avenue 28-028-24-13-0062 7244 Logan Avenue 33-028-24-23-0022 7408 Stevens Avenue 34-028-24-42-0034 6940 Sheridan Avenue 29-028-24-44-0098 • 6801 James Avenue 28-028-24-34-0110 6401-16th Avenue 6744 Stevens Avenue 6645 Oliver Avenue 6600 Knox Avenue 6800 Irving Avenue 6929. Russell Avenue 6540 Emerson Avenue 7108-5th Avenue 7440 Fremont Avenue 6944-3rd Avenue 6633 Lynnwood Boulevard 26-028-24-14-0004 27-028-24-42-0039 28-028-24-32-0044 28-028-24-31-0042 28-028-24-34-0009 29-028-24-44-0151 28-028-24-13-0077 34-028-24-11-0008 33-028-24-42-0041 27-028-24-43-0051 28-028-24-41-0032 WHEREAS, the City Clerk has notified the City Council that such proposed assessment has been completed and filed in his office for public inspection.. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. A hearing shall be held on the 23rd day of July, 2001 in the City Hall Council .Chambers at 7 p.m., or as soon as hereafter as it may be reached on the agenda, to pass upon such proposed assessment and at such time and place all persons owning property affected by said diseased tree removal assessment will be given an opportunity to be heard in reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment at least two weeks prior to the hearing, and he shall state in the notice the total cost of the diseased tree removal. He shall also cause mailed notice to be given to the owner. of each parcel described in the assessment roll not less than two weeks prior to the hearing. By order of the City Council of the City of Richfield, Minnesota this 11th day of June, 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk •