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04-10-00 agenda
CITY OF RICHFIELD, MINNESOTA MONDAY, APRIL 10, 2000 is RICHFIELD CITY HALL COUNCIL CHAMBERS 6700 PORTLAND AVENUE SPECIAL CITY COUNCIL STUDY SESSION 5:30 P.M. AGENDA CALL TO ORDER ROLL CALL 1. 5:30-5:45 P.M. ANNUAL MEETING WITH ADVISORY BOARD OF HEALTH II. 5:45-6:00 P.M. PREVIEW OF 2000 BOARD OF EQUALIZATION STAFF REPORT NO. 7 III. 6:00-6:30 P.M. REVIEW OF 35W AESTHETIC DESIGN GUIDE STAFF REPORT NO. 8 is IV. 6:30-7:00 P.M. DISCUSSION OF 1999 MITIGATION AND REDEVELOPMENT COSTS STAFF REPORT NO. 9 ADJOURNMENT REGULAR CITY COUNCIL MEETING 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES OF REGULAR CITY COUNCIL MEETING OF MARCH 27, 2000 is PRESENTATION 1. PRESENTATION OF CERTIFICATE OF RECOGNITION TO MOTOR VEHICLE LICENSING EMPLOYEES, CITY CLERK DIVISION INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO PRINT THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE RECORD. 2. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA AGENDA APPROVAL 3. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR 4. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR AND PLACED ON THE REGULAR AGENDA FOR COUNCIL DISCUSSION AND ACTION.. ALL ITEMS LISTED ON THE CONSENT CALENDAR ARE RECOMMENDED FOR APPROVAL. A. CONSIDERATION OF APPROVAL OF BID MINUTES/TABULATION AND AWARD OF CONTRACT TO INGRAM EXCAVATING, INC. FOR 70TH STREET AND RUSSELL AVENUE STREET AND STORMWATER IMPROVEMENTS IN AMOUNT OF $102,406.10 S.R. NO. 95 B. CONSIDERATION OF APPROVAL OF AWARD OF CONTRACT TO EARL F. ANDERSON, INC. FOR HEREDIA PARK PLAYFEATURE REPLACEMENT PROJECT IN AMOUNT OF $58,000 S.R. NO. 96 C. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING EXECUTION OF LANDSCAPE PARTNERSHIP AGREEMENT BETWEEN MINNESOTA DEPARTMENT OF TRANSPORTATION AND CITY OF RICHFIELD FOR PLANTINGS AT WOOD LAKE NATURE CENTER S.R. NO. 97 D. CONSIDERATION OF APPROVAL OF AUTHORIZATION FOR MAYOR TO SIGN CONSENT AND CONFLICT WAIVER FOR MOSS & BARNETT REGARDING REPRESENTATION OF BERNIE'S MONTESSORI SCHOOL, INC. BEFORE CITY OF RICHFIELD S.R. NO. 98 E. CONSIDERATION OF APPROVAL OF RESOLUTION CONCURRING WITH JOINT PETITION OF RICHFIELD-BLOOMINGTON WATERSHED MANAGEMENT ORGANIZATION AND MINNEHAHA CREEK WATERSHED DISTRICT FOR BOUNDARY CHANGE TO INCLUDE RICHFIELD LAKE AND AUGSBURG PARK POND DRAINAGE AREAS S.R. NO. 99 F. CONSIDERATION OF APPROVAL OF RIGHT-OF-WAY PERMIT ALLOWING METRICOM, INC. TO INSTALL WIRELESS DATA TRANSMISSION EQUIPMENT ON SELECTED STREETLIGHT POLES THROUGHOUT RICHFIELD S.R. NO. 100 G. CONSIDERATION OF APPROVAL OF RESOLUTION ADOPTING TECHNICAL AMENDMENT TO INTERSTATE-LYNDALE-NICOLLET TAX INCREMENT FINANCING PLAN FOR ILN TAX INCREMENT FINANCING DISTRICT WITHIN RICHFIELD REDEVELOPMENT PROJECT AREA S.R. NO. 101 PUBLIC HEARING 5. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT REZONING PROPERTY TO ZONING DISTRICTS CONSISTENT WITH COMPREHENSIVE PLAN STAFF REPORT NO. 102 RESOLUTIONS 6. CONSIDERATION OF RESOLUTION APPROVING PROVISIONS OF 2000 LABOR AGREEMENT WITH LAW ENFORCEMENT LABOR SERVICES LOCAL 162 STAFF REPORT-NO. 103 7. CONSIDERATION OF RESOLUTION AUTHORIZING TRANSFER OF $500,000 FROM CAPITAL IMPROVEMENT RESERVE FUND TO HRA GENERAL FUND TO FUND 1999 AIRPORT MITIGATION AND REDEVELOPMENT EXPENDITURES STAFF REPORT NO. 104 PROPOSED ORDINANCE 8. CONSIDERATION OF FIRST READING OF PROPOSED ORDINANCE AMENDMENT TO CITY ADMINISTRATIVE CODE SECTION 1, SUBSECTION 310.31 PROVIDING HOLIDAY LEAVE FOR SPECIALIZED PAY PLAN EMPLOYEES STAFF REPORT NO. 105 ADMINISTRATIVE REPORTS AND OTHER BUSINESS 9. CONSIDERATION OF RECEIPT OF UNAUDITED 1999 FINANCIAL REPORT STAFF REPORT NO. 106 AIRPORT BUSINESS 10. AIRPORT STATUS REPORT CORRESPONDENCE 11. LEGISLATIVE REPORT COUNCIL CHOICE 12. COUNCIL DISCUSSION ITEMS 13. CLAIMS AND PAYROLLS 14. ADJOURN TO EXECUTIVE CONFERENCE ROOM FOR CLOSED EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION 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: Admin. Reports AGENDA ITEM # 9 REPORT # 106 0 STAFF REPORT CITY COUNCIL MEETING APRIL 109 2000 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE • REPORT PRESENTER: CHRIS REGIS, FINANCE MANAGER DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: NAME TITLE A SIGNATURE ?t ITEM FOR COUNCIL CONSIDERATION: Consideration of receipt of unaudited 1999 Financial Report. 1. RECOMMENDED ACTION: , By Motion: Council receipt of the unaudited 1999 Financial Report. III. BACKGROUND I The annual Financial Report for the period ended December 31, 1999 has been completed by the Administrative Services Department. The audited financial report is not available at this time. The audit began March 20, 2000. It is anticipated that the audit will be complete by the end of April or early May. As is the customary practice our auditors will give a detailed presentation to the Council at an upcoming study session. 1111. BASIS OF RECOMMENDATION A. POLICY • The Richfield City Charter requires the Financial Report to be submitted to the City Council for fiscal year-end information by April 10 of each year. The report is submitted for official receipt at the March 27, 2000 City Council meeting. 041000FinancialReport Q-1 B. CRITICAL ISSUES • • In 1999 the City's Housing and Redevelopment Authority, (HRA), incurred costs related to airport mitigation and redevelopment on behalf of the City in the amount $1,225,030. There is no identified funding for these costs. Transfers from the City's General Fund to the HRA to cover these costs total $109,000 for 1998 costs and $725,050 for 1999 costs. This leaves a gap for 1999 costs of approximately $500,000. A separate staff report for the April 10, 2000 City Council meeting has been prepared to address this funding issue. C. FINANCIAL • The attached summary report reflects the performance of the General Fund, Municipal Liquor Fund, Utility Funds, Recreation Fund and the Street Light Fund. • Audited financial reports for 1999 will not be available until May or June 2000. D. LEGAL City Charter provides that the Financial Report of the City be submitted to the City Council by April 10 of each year. • IV. ALTERNATIVE RECOMMENDATION(S) I • The City Council could request staff to make a more detailed presentation of the unaudited 1999 Financial Report at this time or at a future Council Study Session. However, a detailed presentation of the audited report will be presented in May or June 2000. I V. ATTACHMENTS • Financial Report Summary for 1999 • General Fund Financial Statements • City Enterprise Funds Combined Financial Statements • Municipal Liquor Fund Financial Statements • Utility Funds Financial Statements • Recreation Enterprise Fund Financial Statements • Street Light Fund Financial Statements VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. is • FINANCIAL REPORT SUMMARY FOR YEAR ENDED DECEMBER 31,1999 The following is a summary of fund highlights for the General Fund, Municipal Liquor Fund, Water and Wastewater Fund, Storm Sewer Utility Fund, Recreation Fund and the Street Light Fund. A more detailed, audited report will be presented to the City Council after the audit has been completed in May 2000. General Fund Revenues Expenditures Net Transfers Increase(decrease) to Fund Balance Prior Period Adjustment Fund Balance, 12/31/99 1999 Actual 1999 Budd . 1998 Actual $ 14,896,223 14,447,541 (434,200) 14,482 $ 3,879,093 $ 14,710,100 14,690,900 (19,200) $ 3,864,611 $ 14,832,065 13,932,325 (831,840) 67,900 (127,083) $ 3,864,611 As of December 31, 1999, the City General Fund has a fund balance of $3,879,093, an increase of $14,482 from December 31, 1998. The year-end fund balance is designated for working capital and is necessary to meet expenditures until property taxes are collected in July 2000. In 1999, General Fund revenue exceeded budget by approximately $186,000. This was primarily due to revenues exceeding budget in most General Fund revenue categories. In addition, expenditures in General Fund before transfers were under budget by approximately $243,000. This can be attributed to departments generally keeping spending within budget levels. in 1999 the General Fund transferred $929,050. Of this amount, $15,000 was transferred to the Elections fund, $834,050 for Airport expenditures, $30,000 Public Safety communications improvements, and $50,000 to fund City Hall building improvements. Municipal Liquor Stores 1999 Actual 1999 Budget 1998 Actual Revenues $ 8,793,011 $ 8,868,460 $ 8,438,893 Expense 8,144,405 8,096,330 7,765,667 Net Transfers (681,450) (681,450) (676,160) Net Income (Loss) (32,844) 90,680 (2,934) Retained Earnings, 12131/99 $ 2,524,595 $ 2,808,619 $ 2,557,439 In 1999, the four Richfield Liquor Stores generated $8,793,000 in gross revenues. Of this total, gross sales of merchandise was $8,755,000, an increase of $358,000 over 1998. Operating expenses in 1999 increased over 1998 by $94,000. Transfers in 1999 include $500,000 to the Special Revenue Fund for park capital improvements, and $181,450 to the General Fund for administrative costs, public safety services, and payments in lieu Is of taxes. 9-3 Water & Sanitarv Sewer Utilitv Fund Revenues Expense Net Transfers Net Income Prior Period Adjustment Retained Earnings, 12/31/99 1999 Actual $ 4,922,852 4,430,030 492,822 1999 Budget` 1998 Actual $ 5,273,080 4,436,290 $ 4,649,383 4,482,315 836,790 $ 8,206,625 $ 8,597,685 167;068 260,053 $ 7,593,827 In 1999, the Water utility portion of operating revenues increased by $58,000 from 1998. This increase can be attributed to the abnormal warm and dry fall that was experienced in 1999. Operating expenses for the water utility increased by $68,0000 in 1999 over 1998. The water utility ended 1999 with an operating loss of $250,000. A $0.10 rate increase per thousand gallons is planned. for 2000. The Wastewater utility portion of operating revenues increased approximately $226,000 in 1999. Past rate increases to the wastewater utility can be attributed to this increase. Operating expenses for the utility decreased by $120,000 over 1998 expenses. A decrease in MCES charges in 1999 is the primary reason for the decrease in expenses. The wastewater utility realized a net operating income in 1999 of $615,000. Based on the 1999 performance of the Wastewater Fund, staff will carefully analyze any proposed future increases in rates. Storm Sewer Utilitv Fund 1999 Actual 1999 Budget__ 1998 Actual Revenues $ 768,855 $ 834,000 $ 741,828 , Expense 583,617 590,740 588,680 Net Transfers 370,598 (3,329) Net Income 555,836 243,260 149,819 Retained Earnings, 12/31/99 $ 3,453,635 $ 3,141,059 $ 2,897,799 Revenues for the Storm Sewer fund increased by $25,000 in 1999 over 1998. This increase in revenues can be traced to the addition of two new large commercial customers in 1999. Operating expenses in 1999 increased only marginally over 1998. A $0.25 rate increase is planned for 2000. Recreation Fund Revenues Expense Net Transfers Net Income Prior Period Adjustment Retained Earnings, 12/31/98 1999 Actual 1999 Budget $ 2,421,325 2,079,362 (421,649) (79,686) $ 2,229,620 $ 2,057,180 172,440 $ 1,618,629 $ 1,870,755 $ 1998 Actual 2,427,886 1,998,473 179,500 608,913 (662,355) 1,698,315 The Recreation Fund includes the golf course, ice arena, swimming pool, and special facilities (miniature golf, concessions, farmers market) operations. Operating revenues for 1999 decreased slightly from 1998. The Golf Course ended the year with operating income of $427,000. The ice arena, swimming pool, and special facilities operations ended the year with operating losses of $139,315, $34,936, and $3,137 respectively. The swimming pool and special facilities operations continue to make loan repayments to the Permanent improvement Revolving Fund. 1999 was the last year of operation for the City's municipal golf course. The Metropolitan Airports Commission has terminated the golf course 9- ? lease with the City. The net transfers in the Recreation Fund relate to construction costs of the second ice sheet. 4 l 9 Street Liaht Fund 1999 Actual 1999 Budget 19 8 Actua Revenues $ 70,074 $ 82,000 $ 92,734 Expense Net Transfers (78,400) (78,400) (75,000) Net Income (Loss) (8,326) 3,600 17,734 Retained Earnings, 12/31198 $ 19,128 $ 31,054 $ 27,454 This fund was established in 1995 to account for Street Light fee revenues collected from residents as part of the Street Light reconstruction project. That project is now completed and accordingly 1999 is the last year of operation of this fund. Summary This financial summary includes the highlights of the overall financial results for the City of Richfield for the year ended December 31, 1999. Financial reports for each fund are attached to this letter. A comprehensive review of the 1999 financial operations will be presented to the City Council after the completion of the annual audit by the City's independent auditors. In 1999, the General Fund had another strong year due to revenues exceeding budget and the efforts of General Fund departments to keep expenditures within budget guidelines. This resulted in a net increase to fund balance of $464,480. The Municipal Liquor and Golf Course Funds continue to Operform well. The Water and Sanitary Sewer Utility fund showed a net operating gain of $364,123. This is an improvement over 1999 of approximately $336,000. The Sewer operations alone, showed a net income from operations of $615,000. A decrease In MCES charges is the primary reason for the improved performance of the Wastewater fund. The Ice Arena, Swimming Pool, and Special Facilities operations will be monitored in 2000 in an effort to control costs and increase revenues. 1999 was the last year of operation for the Golf course operation and the Street Light operation. 0 9-5- CITY OF RICHFIELD, MINNESOTA FORM F GENERALFUND COMPARATIVE BALANCE SHEET December 31, 1999 and 1998 ASSETS 1999 1998 Cash and investments $ 5,614,857 $ 5,405,434 Receivables: Taxes 72,465 66,475 Special assessments 7,294 7,584 Accounts 84,027 68,771 Due from component unit 58,868 91,002 Due from other governments 50,683 64,624 Prepaid Items 10,000 - Total Assets $ 5,898,194 $ 5,703,890 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable $ 265,237 $ 239,604 Accrued salaries and employee benefits payable 1,628,783 1,533,163 Due to other governments 46,055 37 Due to component unit 3,451 Deferred revenue 75,575, 66,475 Total Liabilities 2,019,101 1,839,279 Fund Balance - Unreserved: Designated for state aid reductions 353,568 337,054 Designated for working capital 3,525,525 3,527,557 3,879,093 3,864,611 Total Liabilities and Fund Balance $ 5,898,194 $ 5,703,890 0 I'VE CITY OF RICHFIELD, MINNESOTA GENERAL FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL For the Fiscal Year Ended December 31, 1999 With Comparative Actual Amounts for the Year Ended December 31, 1998 Revenues: Taxes Licenses and permits Intergovernmental revenue Charges for services Fines and forfeits Miscellaneous revenues Final Budget $ 6,144,920 987,000 6,267,370 857,830 283,000 169,980 1999 Over (Under) Budget $ 49,242 46,282 103,093 34,580 (49,328) 2,254 Total Revenues. Expenditures: General government Administrative services Public safety Community development Public works Recreation service Total Expenditures Excess (Deficiency) of Revenues over Expenditures Other Financing Sources (Uses): Operating transfers in: Special Revenue Funds Debt Service Fund Enterprise Funds Internal Service Funds Operating Transfers Out: Special Revenue Funds Capital Project Funds Internal Service Funds Component Unit Net Other Financing Sources (Uses) Excess of Revenues and Other Financing Sources over Expenditures and Other Financing Uses Fund Balance - January 1 Prior Period Adjustment Fund Balance - January 1 - Restated Fund Balance -December 31 Actual $ 6,194,162 1,033,282 6,370,463 892,410 233,672 172,234 14,710,100 14,896,223 186,123 FORM F -1 1998 Actual $ 6,066,349 1,047,731 6,373,436 867,118 296,873 180,558 14,832,065 683,810 677,114 (6,696) 674,661 962,170 954,925 (7,245) 895,568 8,163,060 8,108,546 (54,514) 7,575,721 245,040 186,722 (58,318) 196,914 3,213,710 3,127,422 _ (86,288) 3,192,692 1,423,110 1,392,812 (30,298) 1,396,769 14,690,900 14,447,541 (243,359) 13,932,325 19,200 448,682 429,482 899,740 30,000 30,000 - - 205,000 205,000 - 205,000 259,850 259,850 - 251,160 (50,000) (15,000) 35,000 (80,000) (30,000) (30,000) - (782,000) (50,000) (50,000) - - (384,050) (834,050) (450,000) (426,000) (19,200) (434,200) (415,000) (831,840) 14,482 14,482 67,900 3,864,611 3,864,611 - 3,923,794 - - (127,083) 3,864,611 3,864,611 - - $ 3,864,611 $ 3,879,093 $ 14,482 $ 3,864,611 CITY 01' RICHFIELD, MINNESOTA GENERAL FUND SCHEDULE OF REVENUES COMPARED TO BUDGET For the Year Ended December 31, 1999 With Comparative Actual Amounts for the Year Ended December 31, 1998 1999 Taxes: Current ad valorem Fiscal disparities Total Taxes Licenses and Permits: Business licenses Nonbusiness licenses and permits Total Licenses and Permits Intergovernmental Revenues: Federal Civil. defense reimbursement Grants State: Local government aid Local Performance Aid Fire State Aid Grants - other Homestead credit Police State Aid Law officer training State-aid street maintenance County - Community health services Total Intergovernmental Revenue Charges for Services: General Government Deputy Registrar Public Safety Park and Recreation Nature Center Community Center Total Charges for Services FORM F-2 Over Final (Under) 1998 Budget Actual Budget Actual $ 4,986,330 $ 5,039,270 $ 52,940 $ 4,862,958 1,158,590 1,154,892 (3,698) 1,203,391 6,144,920 6,194,162 49,242 6,066,349 169,500 152,904 (16,596) 176,267 817,500 880,378 62,878 871,464 987,000 1,033,282 46,282 1,047,731 5,000 5,671 671 5,493 69,000 54,599 (14,401) 164,398 3,501,650 3,501,650 - 3,433,953 41,740 41,740 - 45,956 104,000 110,760 6,760 192,450 120,448 120,448 4,996 1,847,790 1,848,816 1,026 1,849,004 270,000 302,582 32,582 298,671 12,000 14,485 2,485 12,660 239,690 239,692 2 242,487 176,500 130,019 (46,481) 123,368 6,267,370 6,370,462 103,092 6,373,436 33,900 40,147 6,247 151,185 290,000 319,388 29,388 305,829 276,000 316,096 40,096 157,851 131,500 97,796 (33,704) 69,677 36,350 85,757 49,407 143,390 90,080 33,226 (56,854) 39,186 $ 857,830 $ 892,410 $ 34,580 $ 867,118 CITY OF RICHFIELD, MINNESOTA FORM F-2 GENERAL FUND SCHEDULE OF REVENUES COMPARED TO BUDGET For the Year Ended December 31, 1999 With Comparative Actual Amounts for the Year Ended December 31, 1998 1999 Over Final (Under) 1998 Budget Actual Budget Actual Fines and Forfeits: Municipal court fines $ 275,000 $ 223,863 $ (51,137) $ 285,072 Forfeited bail 4,000 4,887 887 5,915 Highway patrol fines 4,000 4,922 922 5,886 Total Fines and Forfeits 283,000 233,672 (49,328) 296,873 Miscellaneous Revenues: Investment Income 125,000 121,007 (3,993) 155,452 Rent 12,430 16,947 4,517 17,150 Contributions 550 - (550) 1,575 Recovery - damage to City property 10,000 7,824 (2,176) 5,003 Other 22,000 26,456 4,456 1,378 Total Miscellaneous Revenues 169,980 172,234 2,254 180,558 Total Revenues $ 14,710,100 $ 14,896,222 $ 186,122 $ 14,832,065 0 9-q CITY OF RICHFIELD, MINNESOTA FORM F-3 GENERAL FUND SCHEDULE OF EXPENDITURES COMPARE D TO BUDGET (Continued) For the Year Ended December 31, 1999 With Comparative Actual Amounts for the Year Ended December 31, 1998 1999 Over Final (Under) 1998 Budget Actual Budget Actual GENERAL GOVERNMENT: Mayor - Council: Personnel services $ 36,390 $ 36,595 $ 205 $ 35,301 Other services and charges 64,920 66,556 1,636 81,189 Capital outlay 3,200 3,390 190 - Total 104,510 106,541 2,031 116,490 Other Agencies: Senior Outreach 1,000 1,000 - 1,200 Senior Inform and Referral 8,890 8,890 - 8,320 Cornerstone Advocacy 13,060 13,060 - 12,500 StorefrontlYouth Action 61,900 61,900 - 61,000 Youth Net 1,000 1,000 - 1,000 Shared Transportation 4,000 4,000 - 4,000 South Hennepin Regional 19,710 19,710 20,500 Total 109,560 109,560, - 108,520 Human Services: Personnel services 47,300 49,612 2,312 52,967 Other services and charges 9,630 10,774 1,144 8,586 Capital Outlay 2,600 - (2,600) - Total 59,530 60,386 856 61,553 City Manager: Personnel services 81,640 74,464 (7,176) 132,227 Other services and charges 80,670 75,549 (5,121) 32,739 Total 162,310 150,013 (12,297) 164,966 Legal: Other services and charges 247,900 250,614 2,714 223,132 Total 247,900 250,614 2,714 223,132 Total General Government $ 683,810 $ 677,114 $ (6,696) $ 674,661 0 CITY OF RICHFIELD, MINNESOTA FORM F-3 GENERAL FUND SCHEDULE OF EXPENDITURES COMPARED TO BUDGET (Continued) For the Year Ended December 31, 1999 With Comparative Actual Amounts for the Year Ended December 31, 1998 1999 Over Final (Under) 1998 Budget Actual Budget Actual ADMINISTRATIVE SERVICES: Administration: Personnel services $ 98,790 $ 94,951 $ (3,839) $ 99,023 Other services and charges 51,110 50,746 (364) 49,532 Total 149,900 145,697 (4,203) 148,555 Human Resources: Personnel services 10,320 32,089 21,769 - Other services and charges 41,730 36,475 (5,255) 25,029 Total 52,050 68,564 16,514 25,029 Finance: Personnel services 165,550 165,415 (135) 159,015 Other services and charges 52,910 45,740 (7,170) 49,475 Capital outlay - - - 5,010 Total 218,460 211,155 (7,305) 213,500 City Clerk: Personnel services. 243,410 249,304 5,894 220,700 Other services and charges 31,520 34,852 3,332 31,015 Capital.outlay - - - 6,046 Total 274,930 284,156 9,226 257,761 Assessing: Personnel services 63,190 63,513 323 57,376 Other services and charges 203,640 181,840 (21,800) 187,294 Capital outlay - - - 6,053 Total 266,830 245,353 (21,477) 250,723 Total Administrative Services $ 962,170 $ 954,925 $ (7,245) $ 895,568 PUBLIC SAFETY: Administrative Support Services: Personnel services $ 292,440 $ 298,727 $ 6,287 $ 286,244 Other services and charges 386,040 313,483 (72,557) 296,316 Total 678,480 612,210 (66,270) 582,560 CITY OF RICHFIELD, MINNESOTA FORM F-3 GENERAL FUND SCHEDULE OF EXPENDITURES COMPARED TO, BUDGET (Continued) For the Year Ended December 31, 1999 With Comparative Actual Amounts for the Year Ended December 31, 1998 1999 Over Final (Under) 1998 Budget Actual Budget " Actual PUBLIC SAFETY: (Continued) Police Protection: Personnel services 2,811,400 2,918,253 106,853 2,753,691 Other services and charges 465,000 468,783 3,783 436,281 Total 3,276,400 3,387,036 110,636 3,189,972 Fire Protection: Personnel services 1,712,290 1,772,902 60,612 1,700,649 . Other services and charges 151,250 157,050 5,800 161,709 Capital outlay 5,000 3,799 (1,201) - Total 1,868,540 1,933,751 65,211 1,862,358 Police Services: Personnel services 1,053,110 1,067,703 14,593 973,798 Other services and charges 617,780 585,584 (32,196) 531,884 Capital outlay 151,600 51,141 (100,459) 54,320 Total 1,822,490 1,704,428 (118,062) 1,560,002 Inspection: Personnel services 390,800 389,880 (920) 328,300 Other services and charges 70,610 28,888 (41,722) 16,812 Capital Outlay 7,220 7,217 (3) - Total 468,630 425,985 (42,645) 345,112 Emergency Services: Personnel services 13,090 7,248 (5,842) 6,023 Other services and charges 35,430 27,445 (7,985) 29,694 Capital outlay - 10,443 10,443 - Total 48,520 45,136 (3,384) 35,717 Total Public Safety $ 8,163,060 $ 8,108,546 $ (54,514) $ 7,575,721 9 -f D CITY OF RICHFIELD, MINNESOTA FORM F-3 GENERAL FUND • SCHEDULE OF EXPENDITURES COMPARED TO BUDGET (Continued) For the Year Ended December 31, 1999 . With Comparative Actual Amounts for the Year Ended December 31, 1998 • • Final Budget COMMUNITY DEVELOPMENT: Administration: Personnel services $ 165,840 Other services and charges 72,700 Capital outlay 6,500 Total 245,040 Total Community Development $ 245,040 PUBLIC WORKS: Administration: Personnel services $ 107,050 Other services and charges 57,290 Total 164,340 Engineering: Personnel services 109,400 Other services and charges 59,900 Total .169,300 Streets: Personnel services 489,070 Other services and charges 1,053,590 Total 1,542,660 Government Buildings: Personnel services 272,570 Other services. and charges 131,270 Total 403,840 Park Maintenance: Personnel services 375,640 Other services and charges 279,930 Total 655,570 1999 Over (Under) 1998 Actual Budget Actual $ 116,922 $ (48,918) $ 121,567 64,826 (7,874) 71,187 4,974 (1,526) 4,160 186,722 (58,318) 196,914 $ 186;722 $ (58,318) $ 196,914 $ 136,121 $ 29,071 $ 112,722 28,068 (29,222) 20,490 164,189 (151) 133,212 138,404 29,004 59,093 47,974 (11,926) 90,411 186,378 17,078 149,504 450,379 (38,691) 388,020 962,683 (90,907) 928,698, 1,413,062 (129,598) 1,316,718 307,747 35,177 241,158 99,168 (32,102) 112,207 406,915 3,075 353,365 369,600 '(6,040) 363,657 288,615 8,685 256,305 658,215 2,645 619,962 0 • q-13 CITY OF RICHFIELD, MINNESOTA FORM F-3 GENERAL FUND SCHEDULE OF EXPENDITURES" COMPARED TO BUDGET (Continued) For the Year Ended December 31, 1999 With Comparative Actual Amounts for the Year Ended December 31, 1998 PUBLIC WORKS (continued) Forestry: Personnel services Other services and charges Capital outlay Total Total Public Works RECREATION SERVICES: Wood Lake Nature Center: Personnel services Other services and charges Total Recreation: Personnel services Other services and charges Capital Outlay Total Community Center: Personnel services Other services and charges Capital outlay Total Total Recreation Services Total Expenditures 1999 Over Final (Under) 1998 Budget Actual Budget Actual 150,390 160,059 9,669 234,104 105,800 116,474 10,674 376,927 21,810 22,130 320 8,900 278,000 298,663 20,663 619,931 $ 31213,710 $ 3,127,422 $ (86,288) $ 3,192,692 . $ 276,770 $ 276,599 $ (171) $ 273,062 58,850 56,147 (2,703) 76,387 335,620 332,746 (2,874) 349,449 356,660 379,629 22,969 327,349 187,600 196,320 8,720 179,846 4,850 5,436 586 549,110 581,385 32,275 507,195 384,800 343,134 (41,666) 360,320 145,930 127,592 (18,338) 172,758 7,650 7,955 305 7,047 538,380 478,681 (59,699) 540,125 $ 1,423,110 $ 1,392,812 $ (30,298) $ 1,396,769 $ 14,690,900 $ 14,447,541 $ (243,359) $ 13,932,325 0 CITY OF, RICHFIEL'NNESOTA ENTERPRISE PONDS FORM J COMBINING BALANCE SHEET Dece mber 31, 1999 Water and Municipal Sewer Utility Storm Sewer Recreation Street Light Total ASSETS Liquor Fund Fund Utility Fund Fund Fund 1999 1998 Cash and cash equivalents $ 337,176 $ 3,326,219 $ - $ 1,787,300 $ 10,955 $ 5,461,650 $ 4,048,784 Receivables: Accounts 2,205 - - 82,260 - 84,465 82,412 Service Charges - 1,215,117 161,118 - 8,173 1,384,408 1,242,664 Due From Other Governments - 131,467 - - - 131,467 131,706 Due From Component Unit - - - - - - 525 Inventory 567,290 6,714 - - - 574,004 623,820 Prepaid Items 15,864 - - 61 - 15,925 1,367 Total Current Assets 922,535 4,679,517 161,118 1,869,621 19,128 7,651,919 6,131,278 Restricted Assets - Revenue bond debt services: Cash equivalents - - 219,215 103,356 - 322,571 216,831 Long-term Assets - Due from other government - - - - - 127,919 Due from component unit - 249,530 - - 249,530 249,530 Total Long-Term Assets - 249,530 - - 249,530 377,449 Property and Equipment: Land 499,188 53,550 - 179,135 - 731,873 731,873 Buildings 1,979,480 3,869,745 6,318 5,881,429 11,736,972 8,852,230 Office Equipment 18,052 39,898 95,389 - - 153,339 64,320 Machinery and equipment 416,019 4,653,189 5,215,302 621,826 - 10,906,336 6,091,740 Other improvements 126,101 7,955,983 957,185 2,185,218 - 11,224,487 16,113,417 Construction in Progress - - - - 1,671 - 3,038,840 16,572,365 6,274,194 8,867,608 - 34,753,007 31,855,251 Less accumulated depreciation 1,054,555 7,041,460 1,316,885 3,870,538 - 13,283,438 12,933,044 Net Property and Equipment 1,984,285 9,530,905 4,957,309 4,997,070 - 21,469,569 18,922,207 Total Assets $ 2,906,820 $ 14,459,952 $ 5,337,642 $ 6,970,047 $ 19,128 $ 29,693,589 $ 25,647,765 Water and Municipal Sewer Utility Storm Sewer Recreation Street Light TOTAL FORM J Liquor Fund Fund Utility Fund Fund Fund 1999 1998 LIABILITIES AND EQUITY Current Liabilities (Payable from Current Assets): ! R Accounts payable $ 184,939 $ 106,533 $ 20,086 $ 29,054 $ - $ 340,612 $ 266,312 \ Contracts payable - - - - 11,124 Loan Payable - - 2,900 - 2,900 - Overdraft payable - 366,654 - 366,654 541,514 Accrued salaries and employee benefits payable 101,524 84,502 69,342 - 255,368 255,065 Due to other governments 94,126 30,980 - 2,125 127,231 118,052 Total 380,589 222,015 386,740 103,421 - 1,092,765 1,192,067 Current Liabilities (Payable from Restricted Assets): Accrued interest payable - - 32,267 54,894 - 87,161 34,846 Bonds payable - - 145,000 - - 145,000 135,000 Total - - 177,267 54,894 - 232,161 169,846 Total Current Liabilities 380,589 222,015 564,007 158,315 - 1,324,926 1,361,913 Deferred revenue 1,636 - - - 1,636 1,636 Due to other funds. - - 897,355 - 897,355 532,355 Loan payable - - - 9,184 - 9,184 12,083 Bonds payable - - 1,320,000 1,660,000 - 2,980,000 1,465,000 Total Liabilities 382,225 222,015 1,884,007 2,724,854 - 5,213,101 3,372,987 Equity: Contributed capital - 6,031,312 - 2,626,564 - 8,657,876 7,332,876 Retained earnings: Reserved for capital improvements 330,000 - - - - 330,000 330,000 Reserved for Debt Service - - - 138,387 - Unreserved 2,194,595 8,206,625 3,453,635 1,480,242 19,128 15,354,225 14,611,902 Total Equity 2,524,595 14,237,937 3,453,635 4,245,193 19,128 24,480,488 22,274,778 Total Liabilities and Equity $ 2,906,820 $ 14,459,952 $ 5,337,642 $ 6,970,047 $ 19,128 $ 29,693,589 $ 25,647,765 940 CITY OF RICHFIELD, MINNESOTA ENTERPRISE FUNDS COMBINING STATEMENT OF REVENUES AND EXPENSES, AND CHANGES IN RETAINED EARNINGS For the Year Ended Dece mber 31, 1999 Municipal Water & Sewer Liquor Fund Utility Fund Operating Revenues: Sales $ 8,755,361 $ 4,794,154 Less cost of sales (6,763,047) - Net Operating Revenues 1,992,314 4,794,154 Operating Expenses: Sewer service charges - 1,677,926 Personal services 927,807 1,104,987 Other services and charges 341,140 1,177,950 Depreciation 96,492 469,167 Total Operating Expenses 1,365,439 41430,030. Operating Income (Loss) 626,875 364,124 Nonoperating Revenues (Expenses): Investment Income 11,596 107,034 Interfund loan interest - - Other revenues 10,135 21,664 Interest and fiscal charges- - - Net Nonoperating Revenues (Expenses) 21,731 128,698 Income (Loss) Before Operating Transfers 648,606 492,822 Operating Transfers In (Out): General Fund (181,450) - Special Revenue Funds (500,000) - Capital Projects Funds - - Internal* Service Funds Net Operating Transfers In (Out) (681,450) - Net Income (Loss) (32,844) 492,822 Retained Earnings - January 1 2,557,439 7,760,895 Prior Period Adjustment - - Retained Earnings - January 1 - Restated 2,557,439 7,760,895 Equity Transfer In (Out) - (47,092) Retained Earnings - December 31 $ 2,524,595 $ 8,206,625 0 • • q-/") Storm Sewer= Recreation Street Utility Fund Fund Light Fund $ 767,349 $ 2,250,793 $ 68,529 - (110,908) - 767,349 2,139,885 68,529 FORM J-1 TOTAL 1999 1998 $ 16,636,186 (6,873,955) 9,762,231 $ 16,003,848 (6,596,479) 9,407,369 1,677,926 1,771,610 160,948 1,000,898 - 3,194,640 3,113,797 181,568 740,029 - 2,440,687 2,338,186 162,880 161,258 - 889,797 899,818 505,396 1,902,185 - 8,203,050 8,123,411 261,953 237,700 68,529 1,559,181 1,283,958 - 102,578 1,545 222,753 222,745 _ - _ - 15,603 1,506 67,954 - 101,259 94,217 (78,221) (66,269) - (144,490) (100,934) (76,715) 104,263 1,545 179,522 231,631 185,238 341,963 70,074 1,738,703 1,515,589 - - (78,400) (259,850) (251,160) 100,000 - (400,000) (600,000) 370,598 (660,037) - (289,439) 176,171 138,388 138,388 - 370,598 (421,649) (78,400) (810,901) (574,989) 555,836 (79,686) (8,326) 927,802 940,600 2,897,799 1,698,315 27,454 14,941,902 14,403,604 _ _ _ (402,302) 2,897,799 1,698,315 27,454 14,941,902 14,001,302 - (47,092) - $ 3,453,635 $ 1,618,629 $ 19,128 $ 15,822,612 $ 14,941,902 CITY OF RICHFIELD, MINNESOTA EXHIBIT - J MUNICIPAL LIQUOR FUND COMPARATIVE SCHEDULE OF REVENUES AND EXPENSES BY STORE For the Years Ended December 31, 1999 and 1998 All Stores Lyndale Store Cedar Store Penn Store Shops at Lyndale 1999 1998 1999 1998 1999 1998 1999 1998 1999 1998 Sales $ 8,755,361 $ 8,397,027 $ 2,699,127 $ 2,632,605 $ 2,846,529 $ 2,764,040 $ 2,184,276 $ 2,051,414 $ 1,025,429 $ 948,968 Cost of Sales Inventory, January 1 Purchases Total Merchandise Available for Sale Less: Inventory, December 31 Cost of Sales Gross Profit on Sales Percentage of Gross Profit to Sale Less: Operating Expenses Operating Income Before Depreciation Less: Depreciation Operating Income Nonoperating Revenue (Expesnes) Interest - investments Commissions Miscellaneous Bad Checks Cash over(short) Total Nonoperating Revenue (Expenses) Net Income Before Operating Transfers 556,757 553,542 131,859 134,812 172,610 6,773,580 6,483,431 2,081,276 2,009,250 2,235,596 7,330,337 7,036,973 2,213,135 2,144,062 2,408,206 567,290 556,757 141,425 131,859 178,138 6,763,047 6,480,216 2,071,710 2,012,203 2,230,068 1,992,314 1,916,811 627,417 620,402 616,461 22.8% 22.8% 23.2% 23.6% 21.7% 1,268,947 1,173,493 322,279 294,138 362,818 723,367 743,318 305,138 326,264 253,643 96,492 97,647 24,132 24,412 24,111. 626,875 645,671 281,006 301,852 229,532 11,596 12,824 2,899 3,206 2,899 25,717 26,710 7,436 6,891 10,577 (928) 2,332 (928) 570 - (13,749) (13,842) (5,031) (5,033) (5,097) (905) (469) - (795) (1,485) 21,731 27,555 648,606 $ 673,226 $ 4,376 4,839 6,894 285,382 $ 306,691 $ 236,426 $ 166,664 127,018 124,052 125,270 128,014 2,162,660 1,679,273 1,608,621 777,435 702,900 2,329,324 1,806,291 1,732,673 902,705 830,914 172,610 116,742 127,018 130,985 125i270 2,156,714 1,689,549 1,605,655 771,720 705,644 607,326 494,727 445,759 253,709 243,324 22.0% 22.6% 21.7% 24.7% 25.6% 336,287 340,644 305,412 243,206 237,656 271,039 154,083 140,347 10,503. 5,668 24,412 24,111 24,412 24,138 24,411 246,627 129,972 115,935 (13,635) (18,743) 3,206 2,899 3,206 2,899 3,206 12,437 4,997 4,541 2,707 2,841 1,226 - 360 - 176 (5,245) (1,539) (1,893) (2,082) (1,671) 312 724 360 (144) (346) 11,936 7,081 6,574 3,380 4,206 258,563 $ 137,053 $ 122,509 $ (10,255) $ (14,537) • • • CITY OF RICHFIELD, MINNESOTA MUNICIPAL LIQUOR FUND COMPARATIVE BALANCE SHEET December 31, 1999 and 1998 1999 ASSETS Current Assets: Cash and cash equivalents $ 337,176 Accounts receivable 2,205 Inventory 567,290 Prepaid Items 15,864 Total Current Assets 922,535 Property and Equipment: Land 499,188 Buildings 1,979,480 Office equipment 18,052 Machinery and equipment 416,019 Other improvements 126,101 Construction in Progress - 3,038,840 Less accumulated depreciation 1,054,555 Net Property and Equipment., 1,984,285 Total Assets $ 2,906,820 LIABILITIES AND EQUITY Current Liabilities: Accounts payable $ 184,939 Accrued salaries and employee benefits payable 101,524 Due to other governments 94,126 Deferred Revenue 1,636 Total Current Liabilities 382,225 Equity: Retained earnings: Reserved for capital improvements Unreserved Total Retained Earnings Total Liabilities and Equity 330,000 2,194,595 2,524,595 $ 2,906,820 FORM J-4 1998 $ 312,516 2,000 556,759 1,367 872,642 499,188 1,979,480 14,832 435,238 103,873 1,671 3,034,282 1,007,165 2,027,117 $ 2,899,759 $ 159,023 95,527 86,134 1,636 342,320 330,000 2,227,439 2,557,439 $ 2,899,759 0 0 Investment Income CITY OF RICHFIELD, MINNESOTA MUNICIPAL LIQUOR FUND .COMPARATIVE STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN RETAINED EARNINGS For the Years Ended December 31, 1999 and 1998 1999 Operating Revenues: Sales Less cost of sales Net Operating Revenues Operating Expenses: Personnel services Other services and charges Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses): Other revenues Other expenses Net Nonoperating Revenues Income Before Operating Transfers Operating Transfers Out: General Fund Contributions - Liquor Fund Total Operating Transfers Out Net Income (Loss) Retained Earnings - January 1 Retained Earnings - December 31 $ 8,755,361 (6,763,047) 1,992,314 927,807 341,140 96,492 1,365,439 626,875 11,596 26,054 (15,919) 21,731 648,606 (181,450) (500,000) (681,450) (32,844) 2,557,439 $ 2,524,595 FORM J-5 1998 $ 8,397,027 (6,480,216) 1,916,811 851,608 321,885 97,647 1,271,140 . 645,671 12,824 29,042 (14,311) 27,555 673,226 (176,160) (500,000) (676,160) (2,934) 2,560,373 $ 2,557,439 0 • ASSM Current Assets: Cash and cash equivalents Receivables: Service charges: Billed Unbilled services Due from other governments Due from component unit Inventory Total Current Assets Long-Tenn Assets - Due from other governments: Metropolitan Council Wastewater Services: Interceptor acquisition contract Due from component unit Total Long-Tenn Assets Property and Equipment: Land Buildings Office equipment Machinery and equipment Other improvements Less accumulated depreciation Net Property and Equipment Total Assets LIABILITIES AND EQUITY Current Liabilities: Accounts payable Accrued salaries and employee benefits payable Due to other governments Total Current Liabilities Equity: Contributed capital: Property owners Special assessments City aid for construction Federal grant Total Contributed Capital Retained earnings: Unreserved Total Equity Total Liabilities and Equity CITY OF RICHFIELD, MINNESOTA WATER AND SEWER UTILITY FUND COMPARATIVE BALANCE SHEET December 31, 1999 and 1998 1999 $ 3,326,219 555,174 659,943 131,467 6,714 4,679,517 249,530 249,530 53,550 3,869,745 39,898 4,653,189 7,955,983 16,572,365 7,041,460 9,530,905 $ 14,459,952 $ 106,533 84,502 30,980 222,015 533,584 3,196,500 2,271,228 30,000 6,031,312 8,206,625 14,237,937 $ 14,459,952 q-Qx-)- FORM J-6 1998 $ 2,495,007 507,197 584,749 131,706 525 7,416 3,726,600 127,919 249,530 377,449 53,550 3,886,307 34,304 4,867,011 7,992,113 16,833,285 6,924,051 9,909,234 $ 14,013,283 $ 88,541 101,270 31,265 221,076 533,584 3,196,500 2,271,228 30,000 6,031,312 7,760,895 13,792,207 $ 14,013,283 is 7 CITY OF RICHFIEL D, MINNESOTA FORM J- WATER AND SEWER UTILITY FUND COMPARATIVE STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN RETAINED EARNINGS For the Years Ended December 31, 1999 and 1998 4999 1998 Operating Revenues: Sales and user fees $ 4,576,247 $ 4,281,860 Certification fees 6,000 6,276 Customer service charges 125,627 127,276 Sales of materials and supplies 1,207 4,169 Special Assessment 85,073 90,433 Total Operating Revenues 4,794,154 4,510,014 Operating Expenses: Metropolitan Council Wastewater Services - Sewer service charges 1,677,926 1,771,610 Personnel services 1,104,987 1,066,499 Other services and charges 1,177,950 1,151,753 Depreciation 469,167 492,453 Total Operating Expenses 4,430,030 4,482,315 Operating Income (Loss) 364,124 27,699 NonoPerating Revenues - Deferred current value credit 10,037 14,768 Other Revenue 11,627 7,364 Interfund loan interest - 15,603 Investment Income 107,034 101,634 Total Nonoperating Revenues 128,698 139,369 Income (Loss) Before Operating Transfers 492,822 167,068 Operating Transfers In (Out) - Internal Service Funds - - Net Operating Transfers In (Out) - - Net Income (Loss) 492,822 167,068 Retained Earnings -January 1 7,760,895 7,333,774 Prior Period Adjustment - 260,053 Retained Earnings - January 1 - Restated 7,760,895 7,593,827 Equity Transfers In(Out) (47,092) Retained Earnings - December 31 $ 8,206,625 $ 7,760,895 C? CITY OF RICHFIELD, MINNESOTA FORM J-8 STORM SEWER UTILITY FUND COMPARATIVE BALANCE SHEET December 31, 1999 and 1998 1999 1998 ASSETS Current Assets: Receivables: Service charges - Billed $ 66,011 $ 61,577 Unbilled services 95,107 89,141 Other - 4,300 Due from other funds - Due from other governments - - Total Current Assets 161,118 155,018 Restricted Assets - Cash and cash equivalents for debt service 219,215 216,831 Property and Equipment: Office equipment 6,318 6,840 Machinery and equipment 95,389 100,681 Other improvements 5,215,302 5,771,441 Construction in Progress 957,185 - 6,274,194 5,878,962 Less accumulated depreciation 1,316,885 1,159,818 Net Property and Equipment 4,957,309 4,719,144 Total Assets $ 5,337,642 $ 5,090,993 LIABILITIES AND EQUITY Current Liabilities (Payable from Current Assets): Accounts payable $ 20,086 $ 8,610 Overdrafts Payable 366,654 541,514 Contracts payable - 8,224 Total Current Liabilities (Payable from Current Assets) 386,740 558,348 Current Liabilities (Payable. from Restricted Assets): Accrued interest payable 32,267 34,846 Bonds payable 145,000. 135,000 Total Current Liabilities 177,267 169,846 (Payable from Restricted Assets) Bonds payable 1,320,000 1,465,000 Total Liabilities 1,884,007 2,193,194 Equity: Retained earnings: Unreserved $ d E it biliti T t l Li 3,453,635 337 642 5 $ 2,897,799 090 993 5 qu y es an a o a , , , , F RM J 9 CITY OF RICHFI ELD, MINNESOTA - O STORM SEWER UTILITY FUND COMPARATIVE STATEMENT OF REVENUES, EXPE NSES, AND CHANGES IN RETAINED EARNINGS For the Years Ended December 31, 1999 and 1998 1999 1998 Operating Revenues: Charges for services $ 743,007 $ 718,631 Customer service charges 17,134 17,607 Special Assessments 7,208 5,590 Total Operating Revenues 767,349. 741,828 Operating Expenses: Personnel services 160,948 187,647 Other services and charges 181,568 179,948 Depreciation 162,880 136,726 Total Operating Expenses 505,396 504,321 Operating Income 261,953 237,507 Nonoperatin9 Revenues (Expenses): Other Revenue 1,506 Interest and fiscal charges (78,221) (84,359) Net Nonoperating Revenues (Expenses) (76,715) (84,359) Income Before Operating Transfers 185,238 153,148 Operating Transfers In (Out) - Capital Projects Funds - (9,113) Capital Projects Funds 370,598 5,784 Net Operating Transfers In (Out) 370,598 (3,329) Net Income 555,836 149,819 Retained Earnings - January 1 2,897,799 2,747,980 Retained Earnings - December 31 $ 3,453,635 $ 2,897,799 0 • 0 ASSETS Current Assets: Cash and cash equivalents Accounts receivable Inventory Prepaid items Total Current Assets Restricted Assets: Cash and cash equivalents for debt service Property and Equipment: Land Buildings Office equipment Machinery and equipment Other improvements Less accumulated depreciation Net Property and Equipment Total Assets LIABILITIES AND EQUITY Current Liabilities: Accounts payable Loan payable Accrued salaries and employee benefits payable Due to other governments Total Current Liabilities (Payable from current assets) Current Liabilities (Payable from Restricted Assets) Accrued Interest Payable Total Current Liabilities- (Payable from Restricted Assets) Long-Term Liabilities Due to other funds Loan payable Bond Payable Total Long-Tenn Liabilities Equity: Contributed capital - City Retained earnings - Reserved for Debt Service Unreserved Total Equity Total Liabilities and Equity CITY OF RICHFIELD, MINNESOTA RECREATION FUND COMPARATIVE BALANCE SHEET December 31, 1999 and 1998 1999 1998 $ 1,787,300 $ 1,232,489 82,260 57,430 59,645 61 1,869,621 1,349,564 103,356 179,135 179,135 5,881,429 2,986,443 - 8,344 621,826 688,810 2,185,218 2,245,990 8,867,608 6,108,722 3,870,538 3,842,010 4,997,070 2,266,712 $ 6,970,047 $ 3,616,276 9-ca-('?p FORM J-10 $ 29,054 $ 10,138 2,900 2,900 69,342 58,268 2,125 653 103,421 71,959 54,894 - 64,894 _ 897,355 532,355 9,184 12,083 1,660,000 - 2,566,539 544,438 2,626,564 1,301,564 138,387 - 1,480,242 1,698,315 4,245,193 2,999,879 $ 6,970,047 $ 3,616,276 0(,P CITY OF RICHFIELD, MINNESOTA FORM J-11 RECREATION FUND COMPARATIVE STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN RETAINED EARNINGS For the Years Ended December 31, 1999 and 1998 1999 1998 Operating Revenues: User fees $ 2,057,813 $ 2,038,807 Sales of merchandise and concessions 192,980 225,182 Less cost of sales (110,908) (116,263) Net Operating Revenues 2,139,885 2,147,726 Operating Expenses: Personnel services 1,000,898 1,008,043 Other services and charges 740,029 684,600 Depreciation 161,258 172,992 Total Operating Expenses 1,902,185 1,865,635 Operating Income 237,700 282,091 Nonoperating Revenues: Interest income 102,578 106,543 Interest charges (66,269) (16,575) Other 67,954 57,354 Total Nonoperating Revenues 104,263 147,322 Income Before Operating Transfers 341,963 429,413 Operating Transfers In (Out): Special Revenue 100,000 179,500 Capital Projects (660,037) - Internal Service Funds 138,388 - Net Operating Transfers In (Out) (421,649) 179,500 Net Income (79,686) 608,913 Retained Earnings - January 1 1,698,315 1,751,757 Prior Period Adjustment - (662,355) Retained Earnings - January 1 - Restatement 1,698,315 1,089,402 Retained Earnings - December 31 $ 1,618,629 $ 1,698,315 • • CITY OF RICHFIELD, MINNESOTA RECREATION FUND COMBINING STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN RETAINED EARNINGS For the Year Ended December 31, 1999 and 1998 Municipal Golf Course Ice Arena Operating Revenues: User fees Sales of merchandise and concession Less cost of sales Net Operating Revenues Operating Expenses: Personnel services Other services and charges Depreciation Total Operating Expenses Operating Income (Loss) Nonoperating Revenues: Investment income Interest Charges Other Revenues Total Nonoperating Revenues Income (Loss) Before Operating Transfers Operating Transfers In (Out): Special Revenue Funds Capital Improvement Fund Internal Service Funds Net Operating Transfers In (Out) Net Income (Loss) Retained Earnings (Deficit) - January 1 Prior Period Adjustment Retained Earnings -January 1 - Restated $ 1,444,646 153,978 (78,097) 1,520,427 596,552 412,347 84,724 1,093,623 426,804 101,430 (11,375) 5,185 . 95,240 522,044 522,044 2,458,917 2,458,917 0 Retained Earnings (Deficit) - December 31 $ 2,980,961 $ 395,883 1,383 (13,932) 383,334 -ag 227,595 243,465 51,589 522,649 (139,315) 1,148 (54,894) 51,053 (2693) (142,008) 100,000 (660,037) 138,388 (421,649) (563,657) 7,533 7,533 $ (556,124) ?a q FORM J-12 is • • Swimming Special Total Pool Facilities 1999 1998 $ 1581841 $ 58,543 $ 2,057,813 $ 2,038,807 25,031 12,588 192,980 225,182 (13,063) (5,816) (110,908) (116,263) 170,809 65,315 2,139,885 2,147,726 137,067 39,684 1,000,898 1,008,043 62,180 22,037 740,029 684,600 6,444 18,501 161,258 172,992 205,691 80,222 1,902,185 1,865,635 (34,882) (14,907) 237,700 282,091 102,578 106,543 (66,269) (16,575) (54) 11,770 67,954 57,354 (54) 11,770 104,263 147,322 (34,936) (3,137) 341,963 429,413 1001000 179,500 (660,037) - 138,388 - (421,649) 179,500 (34,936) (3,137) (79,686) 608,913 (424,423) (343,712) 1,698,315 1,751,757 - (662,355) (424,423) (343,712) 1,698,315 1,089,402 $ (459,359) $ (346,849) 1,618,629 $ 1,698,315 CITY OF RICHFIELD, MINNESOTA STREET LIGHTING FUND COMPARATIVE BALANCE SHEET December 31, 1999 and 1998 1999 1998 • ASSETS 9-3D FORM J-13 Cash and cash equivalents $ 10,985 $ 8,772 Accounts receivable 8,173 7,740 Unbilled Accounts receivable - 10,942 Total Assets $ 19,158 $ 27,454 LIABILITIES AND EQUITY Equity - Retained earnings - Unreserved Total Liabilities and Equity $ 19,128 $ 27,454 $ 19,128 $ 27,454 0 r q,3 CITY OF RICHFIELD, MINNESOTA FORM J-14 STREET LIGHTING FUND COMPARATIVE STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN RETAINED EARNINGS For the Years Ended December 31, 1999 and 1998 1999 1998 it Operating Revenues: Charges for services Special Assessments Total Operating Revenues Nonoperating Revenues: Investment income Income Before Operating Transfers Operating Transfers (Out): General Fund Net Income Retained Earnings - January 1 Retained Earnings - December 31 $ 67,151 $ 89,901 1,378 1,089 68,529 90,990 1,646 1,744 70,074 92,734 (78,400) (75,000) (8,326) 17,734 27,454 9,720 $ 19,128 $ 27,454 AGENDA SECTION: Resolutions AGENDA ITEM # g REPORT # 105 • J REPORT PREPARED BY: DAWN WEITZEL, HUMAN RESOURCES MANAGER NAME, TITLE • REPORT PRESENTER: STAFF REPORT CITY COUNCIL MEETING APRIL 10, 2000 DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: STEVEN L. DEVICH, AD IS RATIVE SERVICES DIREC OR NAME, TI E NATURE d ? l ITEM FOR COUNCIL CONSIDERATION: First reading in consideration of amendment to the City Administrative Code Subsection 1, SubSubsection 310.31 describing holidays for employees on the specialized pay plan. 1. RECOMMENDED ACTION: By Motion: Approve the first reading of the proposed ordinance amendment to the City Administrative Code Section 1, Subsection 310.31 providing holiday leave for Specialized Pay Plan employees, and schedule the public hearing and second reading for May 8, 2000. -J II. BACKGROUND It has been increasingly difficult to recruit employees from the pool, ice arena and various recreation positions to work on specific holidays. If staff isn't available to work on these holidays, the related activities will need to be cancelled. The proposed ordinance change under consideration here would provide overtime compensation for such employees who work the traditional family holidays. A recommendation is being made to amend Subsection 310.31 (Holidays for shift employees) to eliminate the current language and instead read: Subd. 6 Holidavs for specialized Dav plan emplovees. Employees engaged in seasonal and intermittent work who are unable to observe the following holidays will be compensated at time and one half (1 '/) of the employee's regular base rate of pay. Eligible holidays: New Year's Day, Memorial Day, July 4, Labor Day, Thanksgiving Day and Christmas Day. The existing subd. 6 speaks to holidays for shift employees. In fact, the language was specifically targeted toward 911 dispatchers. However, the dispatchers have joined Law Enforcement Labor Services and have holiday leave and other benefits specified in a collective bargaining agreement. III. BASIS OF RECOMMENDATION A. POLICY • Subsection 310.31, Holidays for specialized pay plan employees, will aid the City in finding people to work these days. In addition employee morale and the ability to retain employees to work on these holidays will be enhanced. • Elimination of the outdated current subd. 6 "Holidays for shift employees" is in observance of the collective bargaining agreement with 911 dispatchers. B. CRITICAL ISSUES I • Subsection 310.31, Holidays for specialized pay plan employees, allows the City to remain competitive in today's job market. • In order to meet publishing requirements for the second reading of an ordinance amendment, it is recommended that the second reading and public hearing be scheduled for May 8, 2000. I C. FINANCIAL By amending Subsection 310.31 Al Payne and Jim Topitzhoffer have estimated the total cost to the affected departments be approximately $1,100 in 2000. D. LEGAL • N/A I IV. ALTERNATIVE RECOMMENDATION(S) Do not amend the ordinance. Defer discussion to another date. Amend only a portion of the Subsection presented. I V. ATTACHMENTS City Administrative Code changes VI. PRINCIPAL PARTIES EXPECTED AT MEETING 0 None g-a_ BILL NO. AMENDMENT TO SECTION 310.31 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 310.31 Subd. 2 of the ordinance code of the City of Richfield entitled "Eligibility for paid holidays" is hereby amended: Subd. 2. Eliaibilitv for paid holidavs. Regular employees and full-time probationary employees, eXGep liG safety per-sonn I who are shift °.,, ploy°° , are eligible for the paid holidays listed above. Employees must be on pay status the work day immediately preceding and the work day immediately following a holiday to be eligible for such holiday. Employees who are required to be on duty and are unable to observe a holiday will be permitted to take their allowed number of holiday hours of leave with pay within twelve months of the holiday worked. (Amended, Bill No. 1995-10, Sec. 44) Section 2. Subsection 310.31 Subd. 6 of the ordinance code of the city of Richfield entitled "Holidays for specialized pay plan employees" is hereby amended: Subd. 6. Holi, ays fnr shi ft emole4ees Holidavs for specialized pav plan emplovees. Emplovees enaaaed in seasonal and intermittent work who are unable to • observe the followina holidavs will be compensated at time and one half (1 'h) of the emDlovee's reaular base rate of Dav. Eliaible holidavs: New Year's Dav, Memorial Dav. Julv 4th. Labor Dav. Thanksaivina Dav and Christmas Dav. FFnl I[wees eRgg9@ n shaft weFk who aFe unable te ebsewe a holiday wall be i9eFmm#ed to take ea New Year'c ay Mem°rial Pay 4 th of Section 3. This ordinance is effective in accordance with section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this , 2000. Martin J. Kirsch, Mayor 0 ATTEST: day of Thomas P. Ferber, City Clerk • AGENDASECTION: Resolutions AGENDA ITEM # REPORT # 104 J REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE REPORT PRESENTER: STAFF REPORT CITY COUNCIL MEETING APRIL 109 2000 DEPARTMENT DIRECTOR REVIEW: NAME, E -rV W1 SIGNATURE • REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution to transfer $500,000 from the Capital Improvement Reserve Fund to fund 1999 Airport mitigation and redevelopment costs. RECOMMENDED ACTION: By Motion: Adopt a resolution providing authorization to transfer $500,000 from the Capital Improvement Reserve Fund to the HRA General Fund to fund 1999 airport mitigation and redevelopment expenditures. 111. BACKGROUND At the December 13, 1999 City Council meeting, the Council approved the use of up to $850,000 of unspent General Fund, fund balance for Airport related costs incurred in 1999. However, based on the unaudited 1999 financial report, the amount of excess General Fund money available is only $450,000. In addition to the extensive airport related costs that the City/HRA projected it would • incur during the 1999 budget process, the City also incurred significant additional costs associated with the Low Frequency Noise Policy Committee. Moreover, the initial expenses incurred for the Cedar Avenue Redevelopment Area must be CHRIS REGIS, FINANCE MANAGER 0410-ArptTrf // funded, since no specific development project has been identified for the area to date. III. BASIS OF RECOMMENDATION A. POLICY • The airport expenditures are necessary costs of doing business that the City has incurred and must incur to protect the residents and the best interests of the City. • While these costs have been incurred in the HRA, it is necessary for the City to provide the funding needed to cover the excess airport related costs incurred, since the HRA does not have sufficient funding to cover these costs. B. CRITICAL ISSUES • N/A C. FINANCIAL • For the fiscal year ending December 31, 1999, costs for airport mitigation were $1,087,650 and airport redevelopment was $137,380 for a total of $1,225,030. • The City has previously funded from the City's General Fund $725,050 of these costs. However, this leaves a funding deficit of $500,000. • The Capital Improvement Reserve Fund has funds available for a transfer to complete the funding of 1999 airport expenditures. D. LEGAL • Expenditures from the Capital Improvement Reserve Fund must meet the following conditions: o Certification by the City Treasurer that expenditure of the funds will not impair the ability to maintain adequate cash balances within the General Fund. o Certification by the City Treasurer that sufficient funds are available to meet emergency requirements. o City Council authorization. o Compliance with City Charter and applicable State laws. o All transfers to and from the Capital Fund will be reported by the City Manager to the City Council within seven days. IV. ALTERNATIVE RECOMMENDATION(S) • The City Council could decide to not use Capital Improvement Reserve Fund and seek other City funding sources to pay for airport expenditures. 7-c; V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • 0 .,)-3 RESOLUTION NO. RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM THE CAPITAL IMPROVEMENT RESERVE FUND WHEREAS, the City has incurred significant expenditures related to airport mitigation and redevelopment in 1999, and additional funding is needed for these expenditures; and WHEREAS, the Capital Improvement Reserve Fund has been identified as having sufficient funds for a transfer to cover airport expenditures incurred in 1999. NOW, THEREFORE, BE IT RESOLVED that the City Council authorize the Finance Manager to transfer from the Capital Improvement Reserve Fund effective as of December 31,1999, $500,000 to the HRA General Fund. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of April, 2000. • ATTEST: Thomas P. Ferber, City Clerk Martin J. Kirsch, Mayor 0 • AGENDA SECTION: Resolutions AGENDA ITEM # 6 REPORT # 103 J STAFF REPORT CITY COUNCIL MEETING APRIL 10, 2000 REPORT PREPARED BY: DAWN WEITZEL, HUMAN RESOURCES MANGER NAME, TITLE r REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR NAME, TITLE ?t SIGNATU ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the 2000 labor contract with the Law Enforcement Labor Services (LELS) Local 162. Recommended Action: By Motion: Adopt the resolution approving the provisions of the 2000 labor agreement with the LELS Local 162 and authorize the City II. Manager to execute the agreement. BACKGROUND City staff has completed labor negotiations with the LELS Local 162 for the year 2000 subject to Council approval. LELS Local 162 represents Police Supervisors - which consists of Sergeant (8), Captain (2), and Lieutenant (2) positions. There are twelve employees represented in the unit. The tentatively approved settlement includes the following changes: 1. Wages A 3% across-the-board increase effective January 1, 2000. 2. Health Insurance A $20 increase from $415 per month to $435 per month for dependent coverage for 2000. 3. Holiday The addition of five premium holidays in 2000 for Sergeants. 2000 -Veteran's Day, Martin Luther King Jr. Day, Columbus Day, Good Friday, Washington's Birthday 4. Language Inclusion to Local 162 Security Change of wording to: "Such absences from work must be approved in advance by the Department Head and only is the Department Head determines the absence would not be detrimental to division work programs." 5. Personal Leave An increase of personal leave with pay to a rate of 2.31 hours biweekly and maximum accrual to 192 hours. 6. Vacation . Option for employees to sell back twenty-four hours of vacation time to the City. 7. Injury of Duty Leave Thee-day waiting period for Workers' Compensation benefit is waived for those injuries sustained on duty. 8. Clothing An increase of clothing allowance to $580 per year. 9. Car Allowance Pilot Program to sunset on December 31, 2000: A $1,000 annual car allowance to be provided for Captains and Lieutenants. III. BASIS OF RECOMMENDATION A. POLICY • The City has met and negotiated with the Union and is bound under the Public Employers' Labor Relations Act to meet and bargain over. the terms and conditions of employment. The 2000 proposed settlement is similar to other City employee groups and is well within the range for police supervisor bargaining groups in similar cities. B. CRITICAL ISSUES • In order to allow the City's accounting personnel to modify payroll records in a timely manner for 2000 wages and benefits, it is . recommended that the City Council act on April 10, 2000 to adopt the attached resolution providing for contract changes, effective January 1, 2000. lD -? C. FINANCIAL • 3% wage increase • $1,000 annual car allowance for Captains and Lieutenants, $20 clothing allowance increase • increases in health insurance contribution and personal leave time • Addition of five premium holidays for sergeants • Option to sell back twenty-four vacation time D. LEGAL • If the terms of this agreement are not approved, further negotiation will need to take place and/or arbitration. IV. ALTERNATIVE RECOMMENDATION(S) I • Do not approve the terms of this agreement. • Defer discussion to another date. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • • &-3 RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES (LELS), LOCAL 162 BARGAINING UNIT FOR THE YEAR 2000 WHEREAS, the City Manager and the Richfield Police Supervisors (Captains, Sergeants, Lieutenants) Local 162 have reached an understanding concerning conditions of employment for the year 2000; and WHEREAS, it would be inappropriate to penalize LELS Local 162 members who have negotiated in good faith; and WHEREAS, the Human Resources Ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be completed by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City of Richfield and LELS Local 162 Bargaining Unit for the year 2000, under the provisions of the Labor Agreement to be implemented, effective January 1, 2000. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of April, • 2000. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk 0 • AGENDA SECTION: Public Hearing AGENDA ITEM # 5 REPORT # 102 J REPORT PREPARED BY: JULIE URBAN, ZONING ADMINISTRATOR NAME, TITLE is REPORT PRESENTER: STAFF REPORT CITY COUNCIL MEETING APRIL 109 2000 DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BRUCE PALMBORG, COMMUNIF DEVELOPMENT DIRECTOR NAME, TITLE SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of an ordinance amendment rezoning property to zoning districts consistent with the Comprehensive Plan. L RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Conduct second reading and approve an ordinance amendment rezoning property to zoning districts consistent with the Comprehensive Plan. II. BACKGROUND The Planning Commission is in the process of bringing the zoning ordinance into consistency with the City's Comprehensive Plan. Part of this process is to rezone properties with zoning that is inconsistent with the Plan but with land use that is consistent with the Plan. Fifteen of the properties to be rezoned are currently zoned C-2 (general commercial and used as single family residences. The Comprehensive Plan designates them as single family residential, either low or high density. The proposed zoning is R (single family residential). 0410rezoning One property is zoned C-2 and was originally recommended to be rezoned MR-2 (medium density multiple family residential). The Comprehensive Plan designation for the property is R-SFH (high density single family residential). The Commission recommended against rezoning this property. III. BASIS OF RECOMMENDATION A. POLICY • State law requires that cities' Zoning Ordinances be made consistent with their Comprehensive Plans. In 1998, the Planning Commission reviewed the City's zoning classifications and identified those parcels with zoning that is inconsistent with the Comprehensive Plan. Of those parcels, the Commission determined that one category of parcels, that in which the land use is consistent with the Comprehensive Plan but the zoning is not, should be rezoned. One group of these properties was rezoned by the City Council in December, 1999. B. CRITICAL ISSUES • The Planning Commission recommended against rezoning one of the properties originally in this group. The property at 1100 East 66th Street is currently zoned C-2 (general commercial) and is used as a day care facility. The Comprehensive Plan designates the property as single family, high density residential (R-SFH). When the day care facility was approved two years ago, the Commission at the time suggested that the property eventually be rezoned to a multi-family designation that would be consistent with the Comprehensive Plan but would still allow a day care facility as a conditional use. The property owner testified at the Planning Commission public hearing in February that the property should keep its C-2 zoning district to allow the best reuse of the property in the event that the day care facility is no longer a viable use at this location. The Commission considered rezoning the property C-1 (neighborhood commercial) to provide commercial reuse of the property but at a lesser intensity. This motion failed on a 4-4 vote. The final vote was 7-2 to leave the zoning C-2. Consistent with the Planning Commission recommendation, the staff recommendation does not include this property. C. FINANCIAL • N/A D. LEGAL • The Planning Commission reviewed the. rezonings and recommended approval of rezoning all but one property (7-2). • The City Council held first reading of the rezoning on March 13, 2000. • Notice of the public hearing was published in the Sun-Current and mailed to property owners and occupants within 350 feet of the properties to be rezoned. 5 -c'?- IV. ALTERNATIVE RECOMMENDATION(S) I • Decide not to rezone the properties. • Rezone the properties to different zoning classifications. V. ATTACHMENTS • Ordinance amendment. • List of properties to be rezoned (Attachment A). • Map of properties to be rezoned (Attachment B). VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A is 0 5-3 BILL NO. AMENDMENT TO APPENDIX 1 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Appendix 1. of the zoning ordinance code of the City of Richfield entitled "Richfield Zoning Code: Boundaries of Zoning Districts" is hereby amended: A. Section 3, Paragraph (46) is amended to read as follows: (46) M-3 That area between the west line of 11th Avenue and the center line of GedaF13th Avenue, and between the center line of 66th Street and a line distant 250 feet northerly thereof and parallel thereto; except Lot 17 Eliason Second Addition.and tR R Fth 20 feet of Lot Q gle& 12, Nel(e r,is Gar-deRe. ReaFFangemeRt A1ekemis GaFdenr, ef BleGk 7, 11 , VTj aRd '17 ?jYer^1 PaFkVi8W; evnept 1C99 Q, Blerk j rrGTCG v vw??.. v..v 1 ?G7?'QCTTGTG.OTrG 2 3, 1, and 5, GuFaFd PaFkYi B. Section 3, Paragraph (47) is amended to read as follows: (47) M-4 That area lying between the west line of 11th Avenue and the center line of GedaF13th Avenue, and between the center line of 66th Street and a line distant 250 feet southerly thereof and parallel thereto; except that aFea .,here zene-PC 2 Ayenma£ C. Section 3, Paragraph (70) is added to read as follows: (70) M-4 That area Ivina between the center line of 13th Avenue and the center line of 14th Avenue. and between the center line of 66th Street and the centerline of the allev southerlv thereof and parallel to. D. Section 3, Paragraph (71) is added to read as follows: (71) M-4 That area Ivina between the center lines of 14th and 15th Avenues. and between the centerline of 66th Street and a line distant 158 feet southeriv thereof and parallel thereto. E. Section 3, Paragraph (72) is added to read as follows: (72) M-4 That area Ivina between the center line of 15th and Cedar Avenues. and between the center line of 66th Street and a line distant 250 feet southerly thereof and parallel thereto: except that area where zone PC-2 (5) overlaps with said zone in the block bounded by Cedar and 18th Avenues and by 66th and 67th Streets. F. Section 3, Paragraph (73) is added to read as follows: (73) M-3 That area Ivina between the center lines of 13th and Bloominaton Avenues. and between the center line of 66th Street and the center line of the alley northerly thereof and aarallel thereto, and Lot 16, Block 4, Nokomis Gardens Rearranaement of Blocks 1-5. Girard Parkview. G. Section 3, Paragraph (74) is added to read as follows: (74) M-3 That area Ivinq between the center lines of Bloominaton and Cedar Avenues. and between the centerline of 66th Street and a line distant 250, feet northerly thereof and aarallel thereto. and the north 20 feet of Lot 8. Block 12,. Nokomis Gardens Rearranaement of Blocks 7. 11. and 12. Girard Parkview. H. This amendment constitutes a rezoning of the following property: 6535 11th Avenue South, 6533 13th Avenue South, 6609 13th Avenue South, 6530 14th Avenue South, 6537 14th Avenue South, 6608 14th Avenue South, 6627 14th Avenue South, 6631 14th Avenue South, 6528 15th Avenue South, 6529 15th Avenue South, 6533 15th Avenue South, 6548 15th Avenue South, 6612 15th Avenue South, 6616 15th Avenue South, and 6542 Bloomington Avenue South from R to C-2. Passed by the City Council of the City of Richfield, Minnesota this 10th day of April, 2000. is Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • Comprehensive Plan Rezonings-Group 2 ADDRESS ZONING 6535 11TH AVE S C-2 6533 13TH AVE S C-2 6609 13TH AVE S C-2 6530 14TH AVE S C-2 6537 14TH AVE S C-2 6608 14TH AVE S C-2 6627 14TH AVE S C-2 6631 14TH AVE S C-2 6528 15TH AVE S C-2 6529 15TH AVE S C-2 6533 15TH AVE S C-2 6548 15TH AVE S C-2 6612 15TH AVE S C-2 6616 15TH AVE S C-2 6542 BLOOMINGTON AVE S C-2 Friday, March 03, 2000 • Attachment A LAND USE COMP PLAN NEW ZONING RES R-SFH R RES R-SFH R RES R R RES R-SFH R RES R-SFH R RES R R RES R R RES R R RES R-SFH R RES R-SFH R RES R-SFH R RES R-SFH R RES R R RES R R RES R-SFH R Page 1 of 1 f` i • i ? KEY Zoninq C-2 General Commercial C-1 Neighborhood Commercial R Single family residential MR-2 Medium density multi-family residential Land Use RES Single family residential Comn Plan R-SFH High density single family residential R Low density single family residential f Attachment B Comprehensive Plan Rezonings Group 2 ? j l I I I I i I I I I I ? I L I I I I I I I I I I I I I I I j i i I I I I ? i I ?? H i j j I I I I I? , I I I I ? I ?I r I I i II I I;i ? I „I I I i ! l i IQI I ICI I I; ?<` I I I ? jl I iI I IIWTH niE j ? I I I I I I I I I I i ?<I ? i I I I i i ? ? Iai I f _ ? II I IW???, 5-K) II I II 1I I W I I I W ICI I I? 1-1 I I° II I I II II (CO RD NO 53) \ 1100 88th St E (CO RD NO 53) am ST E - I II I i ?I ?? II II I II , ?I II II II I I li i it l I I I I I , I ? ;, ? ?i I I I ? i i t I_ I i i i i it I I I I I I I ? ? II 7TH ST E 67TH ST E INI INI- I INI I V? I I I I ?yl <I l? I<I I NI I INI I II I I I` I I ICI I ICI I I? I Iii ICI f I I I i?I I'? ? I I I I I I I I I I FI M ST E BETH ST E I I I I I I ? I I I I I ? I ? I i I I I I I I I I I I I Properties to be Rezoned • I I I I I I I I I I I I I I I I I I I I I I I IN I I I I I { la I I I I I I I am ST E I I I I 11 I I I I I_ I I I I I I INI I I" _ i ?l I INI i? I i I< _ I g I I< I I I` I I I? I ? I I I I ICI I I? _ I? I I I? I I i_ 0TH ST E f I I I I I I I Q N 0 1000 Feet March 2000 AGENDA SECTION: Consent AGENDA ITEM # 4G REPORT # 101 W999A REPORT PREPARED BY: BRUCE NORDQUIST, HOUSING AND REDEVELOPMENT MANAGER NAME, TITLE REPORT PRESENTER: STAFF REPORT CITY COUNCIL MEETING APRIL 109 2000 DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE S- ask rcc'?or SIGNATURE l ?J ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding proposed approval of a modification to the Interstate- Lyndale-Nicollet (ILN) Tax Increment Financing Plan. , 1. RECOMMENDED ACTION: By Motion: Approve a resolution adopting a technical amendment to the I nterstate-Ly ndale-N icol let Tax Increment Financing Plan for the ILN Tax Increment Financing District within the Richfield Redevelopment Project Area. IL BACKGROUND In November 1999, the City Council and HRA approved a business subsidy agreement with Richfield State Agency to fund unanticipated storm sewer improvements at Woodlake Centre. The City is funding $35,000 from the storm sewer utility account. The HRA is paying $97,900 from the tax exempt bonds of 1988 from the I nterstate-Lynd ale-N icol let (ILN) Tax Increment District. The storm sewer work has been completed and the developer has requested payment. A technical amendment to the ILN Tax Increment Plan is required to access the Bonds of 1988 for payment of the storm sewer improvements. Currently, the tax increment finance (TIF) plan budget and summary does not account for this specific 0410ILN-TIF L4 ?r -( use. A more comprehensive list is attached and proposed to be incorporated into the TIF Plan. III. BASIS OF RECOMMENDATION A. POLICY • Increasing detail in the Plans Exhibit A "Budget Modification" clarifies that streets, sidewalks, and public utilities are all eligible uses of bond funds. B. CRITICAL ISSUES • Approval facilitates payment for agreements made between the City, HRA and Richfield State Agency. The City's financial advisor and legal counsel recommend the amendment. C. FINANCIAL • The bonds of 1988 provide for the funding of public improvements. • Modifying the list of eligible public improvements does not increase the budget amount on bonded indebtedness or increase captured net tax capacity, or increase estimated tax increment expenditures. D. LEGAL I • The budget modification does not change the boundaries of the ILN District. • Because the modification does not change the boundaries or the financial aspects, a public hearing is not required. • The accompanying resolution reaffirms the City's original findings for the ILN District, the public purpose and intent through redevelopment to meet the needs of the City. IV. ALTERNATIVE RECOMMENDATION(S) • Do not take action and identify other sources of funds. The Bonds of 1988 are an eligible source of funds and the expenditure does not impact planned ILN activities. • Delay action. However, the storm sewer improvements have been completed and the contractor is seeking reimbursement for expenses. V. ATTACHMENTS • Council resolution. • Exhibit A - Budget modifications. VI. PRINCIPAL PARTIES EXPECTED AT MEETING 0 N/A yC{?- • RESOLUTION NO. RESOLUTION ADOPTING A MODIFIED TAX INCREMENT FINANCING PLAN FOR THE INTERSTATE-LYNDALE-NICOLLET (ILN) TAX INCREMENT FINANCING DISTRICT WITHIN THE RICHFIELD REDEVELOPMENT PROJECT AREA. BE IT RESOLVED by the City Council (the "Council") of the City of Richfield, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The Housing and Redevelopment Authority for the City of Richfield (the "HRA") has heretofore established the Richfield Redevelopment Project Area (the "Project Area") and adopted the Redevelopment Plan related thereto (the "Redevelopment Plan") and established the Interstate-Lyndale-Nicollet (ILN) Tax Increment Financing District (the "District") and adopted a Tax Increment Financing Plan (the "Plan") thereto. It has been proposed that the City adopt a Modification to the Tax Increment Financing Plan (the "Modification") for the District; all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 through 469.047 and 469.174 through 469.179, all inclusive, as amended, all as reflected in the Modification, and presented for the Council's consideration. Generally, the substantive changes to the Plan include an administrative modification to the Plan's budget line items. This modification will not increase the Plan's total budget. The purpose of this modification is to ensure the Modification's budget accurately reflects the project expenditures. The boundaries of ILN District are not being modified. 1.02. The Council has investigated the facts relating to the Modification. 1.03. The City has performed all actions required by law to be performed prior to the adoption and approval of the proposed Modification. Because of the nature of this Modification, and because this Modification does not entail an enlargement of geographic area, an increase in the amount of bonded indebtedness, an increase to the amount of interest on debt, an increase in the portion of the captured net tax capacity, or an increase in the total estimated tax increment expenditures, this Modification is not subject to a public hearing requirement. Section 2. Findinas for the Approval of the Modification 2.01. The Council hereby finds that the Modification is intended and, in the judgment of this Council, the effect of such actions will be: (i) to provide an impetus for commercial development ; (ii) to increase employment; and (iii) to provide such other facilities and improvements as shall further the objectives in the Plan and Minnesota Statutes Sections 469.090 through 469.1081. 2.02. The Council hereby reaffirms the original findings for the ILN District as modified herein, namely: that the District is in the public interest and is a W G-3 "redevelopment district" under Minnesota Statutes, Section 469.174, subd. 10 (a)(1); that the proposed redevelopment would not occur solely through private investment within the reasonably foreseeable future, that the increased market value on the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the Plan; that the Modification conforms to the general plan for the development or redevelopment of the City as a whole; and that the Modification will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development of the District by private enterprise. Section 3. Public Purpose. 3.01. The Council hereby finds that the Modification, is intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for development in the public purpose and accomplish certain objectives as specified in the Modification, which is hereby incorporated herein. Section 4. Approval of the Modification: Filina. 4.01. The Modification for the ILN District is hereby approved, and shall be placed on file in the Community Development Department at the City of Richfield. Approval of the Modification does not constitute approval of any project or a Development Agreement with any developer. 4.02. The staff of the City are authorized to file the Modification with the State Department of Revenue and the Hennepin County Auditor. 4.03. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Modification and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of April, 2000. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk L165--? EXHIBIT A BUDGET MODIFICATIONS Public Improvements Public Improvements November 9, 1998 as Modified April 10, 2000 Sources of Funds: Tax increment revenue $0 $0 Bond proceeds $1,000,000 $1,000,000 Total Sources of $1,000,000 $1,000,000 Funds Uses of Funds: Land/building. $0 $0 acquisition Site imp./prep. costs $0 $0 Public Utilities $0 $97,900 Parking facilities Streets and sidewalks $0 $900,000 $0 $802,100 Public park facilities $0 $0 Social/Recreational $0 $0 Interest reduction $0 $0 payments Loan principal $0 $0 payments Loan/note int. $0 $0 payments Bond principal $0 $0 payments Bond interest $0 $0 Administrative costs $100,000 $100,000 Bond deposit $0 $0 Arbitrage Rebate $0 $0 Total Uses of Funds $1,000,000 $1,000,000 G • AGENDA SECTION: CONSENT AGENDA ITEM # 4F REPORT # 100 J APRIL 109 2000 REPORT PREPARED BY: NAME, TITLE • REPORT PRESENTER: STAFF REPORT CITY COUNCIL MEETING GEORGE L. ATKINSON, ENGINEERING SUPERVISOR MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: 0 yl,Q iSIGNATUfE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: 0 Consideration of Metricom, Inc., a provider of high speed, wireless communication service, request that Richfield enter into an agreement allowing Metricom to provide their service to Richfield residents. 1. RECOMMENDED ACTION: By Motion: Authorize the Mayor and City Manager to execute a right- of-way permit allowing Metricom, Inc. to install wireless data transmission equipment on selected streetlight poles throughout the city. II. BACKGROUND Some computer users wish to have higher speed data transmission than is normally available using standard telephone line and modem connections. Metricom, Inc. can provide this service. Metricom's system uses a small, transistor radio sized transmitter, which is attached to a computer, a small radio receiver/transmitter mounted on a light pole or similar site, and an antenna similar to a cell phone antenna. Metricom, Inc. is requesting that Richfield issue a right-of-way permit allowing the placement of radio receiver/transmitters on light poles around the City. 0410MetricomROE yF? III. BASIS OF RECOMMENDATION is I A. POLICY • The City provides boulevard space for private utilities such as U. S. West's telecommunications facilities, Minnegasco's gas mains and NSP's power transmission cables and transformers. B. CRITICAL ISSUES • In the past, private utility companies have not requested permission to use City owned facilities to mount privately owned facilities. Metricom, Inc. wishes to mount the small radio receiver/transmitters on existing, City owned light poles. C. FINANCIAL I • The proposed right-of-way permit requires that Metricom provide the following to the City: • Right-of way Management Reimbursement in the amount of 1 % .of adjusted gross revenues. • An annual fee of $60 for each unit installed on City owned light poles or other facilities. • The City shall receive up to 10 free subscriptions to Metricom's high speed wireless communication services for the length of this agreement. D. LEGAL • Metricom agrees to hold harmless and indemnify the City against any legal action arising out of Metricom's use of this agreement. • City attorney Jim Strommen was involved in the draft of the agreement. IV. ALTERNATIVE RECOMMENDATION(S) • Do not authorize the execution of the right-of-way agreement. However, the City would not receive the payments and free subscriptions listed above and City residents would be denied the high speed, wireless data transmission provided by Metricom. V. ATTACHMENTS • Display showing photographs of Metricom's radio receiver/transmitter units with standard mountings. • Right-of-Way Permit and Facility Use Agreement between the City of Richfield and Metricom, Inc. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Max W. Thompson, Metricom's Local Market Manager (MN), will be in attendance to answer questions. ?? ,,?. .. ?,^... f?,. .Y ... ..:. > :.r.? i ti? ? qF-3 RICHFIELD Right-of-Way Permit and Facility Use Agreement ?-? HIS RIGHT-OF-WAY USE AGREEMENT (this "Use Agreement") is dated as of (the "Effective Date"), and entered into by and between the CITY OF RICHFIELD, a Minnesota local government unit (the "City"), and METRICOM, INC., a Delaware corporation ("Metricom"). Recitals A. Metricom owns, maintains, and operates, in accordance with regulations promulgated by the Federal Communications Commission, a mobile digital data communications radio network known as Ricochet, utilizing Radios (as defined in § 1.10 below) and related equipment certified by the Federal Communications Commission. B. For purpose of operating Ricochet, Metricom wishes to locate, place, attach, install, operate, and maintain Radios in the Public Right of Way (as defined in § 1.9 below) on facilities owned by the City, as well as on facilities owned by third parties therein. Agreement Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: 1 DEFINITIONS. The following definitions shall apply generally to the provisions of this Use Agreement: 1.1 Adjusted Gross Revenues. "Adjusted Gross Revenues" means the gross dollar amount received by Metricom for its Services (as defined in § 1.11 below) provided to subscribers with billing addresses in the City, excluding (i) any utility users' tax, communications tax, or similar tax or fee; (ii) local, state, or federal taxes that have been. billed to the subscribers and separately stated on subscribers' bills; and (iii) revenue uncollectible from subscribers (i.e., bad debts) with billing addresses in the City that was previously included in Adjusted Gross Revenues. Right-of-Way Permit and Facilihj Use Agreement Cihj of Richfield.-: Metricorn, Inc. Page 1of 16 qF 1.2 City. "City" means the City of RICHFIELD. 1.3 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax, or levy of general application to entities doing business in the City lawfully imposed by any governmental body (but excluding any utility users' tax, franchise fees, communications tax, or similar tax or fee). 1.4 Installation Date. "Installation Date" shall mean the date that the first Radio is installed by Metricom pursuant to this Use Agreement. 1.5 Laws. "Laws" means any and all statutes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, certificates, orders, or other requirements of the City or other governmental agency having joint or several jurisdiction over the parties to this Use Agreement. 1.6 Metricom. "Metricom" means Metricom, Inc., a corporation duly organized and existing under the laws of the State of Delaware, and its lawful successors, assigns, and transferees. 1.7 MPUC. " MPUC" means the Minnesota Public Utility Commission. 1.8 Municipal Facilities. "Municipal Facilities" means City-owned street light poles, lighting fixtures, electroliers, or other City-owned structures located within the Public Right of Way and may refer to such facilities in the singular or plural, as appropriate to the context in which used. 1.9 Public Right of Way. "Public Right of Way" means the space in, upon, above, along, across, and over the public streets, roads, highways, lanes, cartways, courts, ways, alleys, boulevards, sidewalks, bicycle lanes, and places, including all public utility easements and public service easements as the same now or may hereafter exist, that are under the jurisdiction of the City. This term shall not include county, state, or federal rights of way or any property owned by any person or entity other than the City, except as provided by applicable Laws or pursuant to an agreement between the City and any such person or entity. If the City adjusts its boundaries pursuant to Minn. Stat., Chap. 414 through annexation, incorporation, combination, detachment, or other means, this Use Agreement shall be binding on the entire area within the City's boundaries after the adjustment. 1.10 Radio. "Radio" means the radio equipment, whether referred to singly or collectively, to be installed and operated by Metricom hereunder. Right-of-Way Pennit and Facilihj Use Agreement City of Richfield:: Mehicom, Inc. Page 2of 16 1.11 Services. "Services" means the mobile digital communications services provided through Ricochet@ by Metricom, which services consist principally of wireless Internet, e-mail and local area network access and may include transmission of sound and video images; provided, however, that "Services" shall not be construed, interpreted or applied to authorize either real time telecommunications services (including telephone and voice) or video or cable television communications services except as may be considered standard Internet content. 2 TERM. This Use Agreement shall be effective as of the. Effective Date and shall extend for a term of nine (9) years commencing on the Installation Date, unless it is earlier terminated by either party in accordance with the provisions herein. The term of this Use Agreement shall be renewed automatically for three (3) successive terms of five (5) years each on the same terms and conditions as set forth herein, unless either party notifies the other of its intention not to renew not less than one hundred eighty (180) calendar days prior to commencement of the relevant renewal term. 3 SCOPE OF USE AGREEMENT. Any and all rights expressly granted to Metricom under this Use Agreement, which shall be exercised at Metricom s sole cost and expense, shall be subject to the prior and continuing right of the City under applicable Laws to use any and all parts of the Public Right of Way exclusively or concurrently with any other person or entity and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect the Public Right of Way. Nothing in this Use Agreement shall be deemed to grant, convey, create, or vest in Metricom a real property interest in land, including any fee, leasehold interest, or easement. Any work performed pursuant to the rights granted under this Use Agreement shall be subject to the reasonable prior review and approval of the City. 3.1 Attachment to Municipal Facilities. The City hereby authorizes and permits Metricom to enter upon the Public Right of Way and to locate, place, attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace Radios in or on Municipal Facilities for the purposes of operating Ricochet@ and providing Services. In addition, subject to the provisions of § 4.3 below, Metricom shall have the right to draw electricity for the operation of the Radios from the power source associated with each such attachment to Municipal Facilities. 3.2 Attachment to Third-Party Property. Subject to obtaining the permission of the owner(s) of the affected property, the City hereby authorizes and permits Metricom to enter upon the Public Right of Way and to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace Right-of-Wad Permit and Facility Use Agreement City of Richfield:: Metricom, Inc. Page 3of 16 such number of Radios in or on poles or other structures owned by public utility companies or other property owners located. within the Public Right of Way as may be permitted by the public utility company or property owner, as the case may be for the purposes of operating Ricochet@ and providing Services. Upon request, Metricom shall furnish to the City documentation of such permission from the individual utility or property owner responsible. City agrees to cooperate with Metricom, at no cost or expense to City, in obtaining where necessary the consents of third-party owners of property located in the Public Right of Way. 3.3 No Interference. Metricom in the performance and exercise of its rights and obligations under this Use Agreement shall not interfere in any manner with the existence and operation of any and all public and private rights of way, sanitary sewers, water mains, storm drains, gas mains, poles, zerial and underground electrical and telephone wires, electroliers, cable television, and other information or communications, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as permitted by applicable Laws or this Use Agreement. City agrees to use reasonable efforts to require the inclusion of the same or a similar prohibition on interference as that stated above in all agreements and franchises City may enter into after the Effective Date with other information or communications providers and carriers. 3.3.1 Interference Resolution. Any actual or anticipated radio interference caused by either the presence of the Radios or the presence of any such other communications equipment or devices in the Public Right of Way shall be resolved by Metricom and any such other providers without cost to City on the basis of the applicable rules, regulations, practices, and procedures of the FCC. City agrees to assist Metricom in the resolution of any such interference dispute at Metricom's sole expense. 3.4 Compliance with Laws. Metricom shall comply with all applicable Laws in the exercise and performance of its rights and obligations under this Use Agreement. The Right-of-Way Management Reimbursement provided for in § 4.1 below shall be in lieu of all other City fees, with the exception of any City permits required for the initial installation of the Radios. City shall promptly respond to Metricom s filings and shall otherwise cooperate with Metricom in facilitating the deployment of Ricochet@ in the Public Right of Way in a reasonable and timely manner. Right-of-Way Pennit and Facility Use Agreement City of Richfield:: Metricom, Inc. Page 4of 1.6 qr=-7 3.5 Location and Installation of Radios. The proposed locations of Metricom s planned initial installation of Radios shall be determined subject to the reasonable prior review and approval of the City, promptly after Metricom's review of available street light maps and prior to deployment of the Radios. Upon the completion of installation, Metricom promptly shall furnish to the City a pole list showing the exact location of the Radios in the Public Right of Way. 4 COMPENSATION; UTILITY CHARGES. Metricom shall be solely responsible for the payment of all lawful Fees in connection with Metricomn s performance under this Use Agreement, in accordance with the terms set forth below. 4.1 Right-of-Way Management Reimbursement. In order to reimburse City for any right-of-way management costs it may incur during the term of this Use Agreement following the initial deployment of the Radios in connection with Metricom s entry upon and deployment within the Public Right of Way, Metricom shall pay to the City, on an annual basis, an amount equal to one percent (1%) of Adjusted Gross Revenues (the "Right- of-Way Management Reimbursement"), which amount may be collected from subscribers of the Services with billing addresses in the City and remitted to City as provided herein. The parties agree that such Right-of-Way Management Reimbursement represents a fair estimate of the costs of continuing management of the Public Right of Way utilized by Metricom and that such Right-of-Way Management Reimbursement is not a franchise fee or payment for use of the Public Right of Way. The Right-of-Way Management Reimbursement shall be payable for the period commencing upon the date that Services are offered to commercially paying subscribers within the City using Radios installed pursuant to this Use Agreement and ending on the date of termination of this Use Agreement, and shall be due on or before the 45th day after the end of each calendar year or fraction thereof. Within forty-five (45) days after the termination of this Use Agreement, compensation shall be paid for the period elapsing since the end of the last calendar year for which compensation has been paid. Metricom shall furnish to the City with each. payment of compensation required by this section a statement, executed by an authorized officer of Metricom or his or her designee, showing the amount of Adjusted Gross Revenues for the period covered by the payment. If Metricom discovers any error in the correct amount of compensation due, the City shall be paid within thirty (30) days of discovery of the error or determination of the correct amount. Any overpayment to the City through error or otherwise shall be refunded or offset against the next payment due. Acceptance by the Right-of-Way Permit and Facilihj Use Agreement City of Richfield:: Metricom, Inc. Page 5of 16 CIF 8 City of any payment due under this section shall not be deemed to be a waiver by the City of any breach of this Use Agreement occurring prior thereto, nor shall the acceptance by the City of any such payments preclude the City from later establishing that a larger amount was actually due or from collecting any balance due to the City. City may, at any time, at City's sole option, upon ninety (90) days written notice, require Metricom to discontinue the Right-of-Way Management ' Reimbursement compensation. Upon receiving such notice Metricom shall, no later than ninety (90) days after receiving such notice, cease making all compensation payments that would have been payable after such ninety (90) day notice period. If City requires such a discontinuation of Right-of- Way Management Reimbursement compensation, the City may then charge, on an annual basis, its actual Right-of-Way Management costs (pursuant to Minnesota Statutes Sec. 237.162, Subd. 9 and Sec. 237.163, Subd. 2 (b)), that are incurred after the expiration of the ninety (90) day period described above. Metricom shall only be liable for such actual annual Right-of-Way management costs to the extent such costs exceed the annual retail value of the service subscriptions for which the City is eligible under Section 4.5 of this Agreement. 4.1.1 Reduction of Right-of-Way Management Reimbursement by • Amount of Utility Users or Communications Tax. Notwithstanding anything to the contrary in this Use Agreement, if the Services are subject to a utility users tax, communications tax, or other similar tax or fee which accrues to the City by operation of the City's Municipal Code or other applicable law, then the amount of the -Right-of-Way Management Reimbursement shall be reduced by the amount of the applicable utility users tax, communications tax, or such other similar tax or fee. 4.1.2 Accounting Matters. Metricom shall keep accurate books of account at its principal office in Los Gatos or such other location of its choosing for the purpose of determining the amounts due to the City under § 4.1 above. The City may inspect Metricom's books of account relative to the City at any time during regular business hours on thirty (30) days' prior written notice and may audit the books from time to time at the City's sole expense, but in each case only to the extent necessary to confirm the accuracy of payments due under § 4.1 above. Alternatively, Metricom will make available for inspection by the City at Metricom's office located closest to the City, upon thirty (30) days prior written notice, the • Right-of-Way Pennit and Facility Use Agreement City of Richfield :: Metricom, Inc. Page 6of 16 44F-? • relevant portions of its books and records as reasonably necessary to confirm the accuracy of any payments due the City under this Use Agreement. The City agrees to hold in confidence any non-public information it learns from Metricom to the fullest extent permitted by Law. 4.2 Annual Fee. As compensation for the use of Municipal Facilities, Metricom shall pay to the City an annual. fee (the "Annual Fee") in the amount of Sixty Dollars ($60.00) for the use of each Municipal Facility, if any, upon which a Radio has been installed pursuant to this Use Agreement. Where light poles or other facilities to be used by Metricom within the Public Right of Way are owned by a utility, such annual fee shall be paid to the appropriate utility and not to the City. The aggregate Annual Fee with respect to each year of the term shall be an amount equal to the number of Radios installed on Municipal Facilities during the preceding twelve (12) months multiplied by the Annual Fee, prorated as appropriate, and shall be due and payable not later than forty-five (45) days after each anniversary of the Installation Date. City represents and covenants that City owns all Municipal Facilities for the use of which it is collecting from Metricom the Annual Fee pursuant to this § 4.2. 4.2.1 CPI Adjustment. Effective commencing on the fifth (5th) . anniversary of the Installation Date and continuing on each fifth (5th) anniversary thereafter during the term, the Annual Fee with respect to the ensuing five-year period shall be increased by a percentage amount equal to the percentage increase, if any, in the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index (All Items, All Consumers, 1982-1984=100) which occurred during the previous five-year period for the Midwest Urban Region Consolidated Metropolitan Statistical Area. 4.3 Electricity Charges. Metricom shall be solely responsible for the payment of all electrical utility charges to the applicable utility company based upon the Radios' usage of electricity and applicable tariffs. 4.4 Reimbursement of City's Project Review Expenses. Metricom shall reimburse the City at City's standard rates for reasonable attorney's fees and other project review expenses relating to the preparation and review of this Use Agreement, promptly upon receipt of itemized bills, paid invoices, and other such documentation as Metricom shall reasonably require, and in a total amount not to exceed One Thousand Dollars ($1,000). The reimbursement provided for in this § 4.4 shall not replace or Right-of-Wad Pennit and Faciliftj Use Agreement City of Richfield:. Metricom, Inc. Page 7of 16 yF-/© excuse Metricom from the payment of any applicable permit fee for work undertaken pursuant to the initial installation of the Radios. 4.5 Municipal Subscriber Program. City shall have the right throughout the term of this Use Agreement to receive up to the maximum number specified below (based upon the City's population) of free Ricochet@ basic service subscriptions. The number of free subscriptions which the City may receive shall be determined in accordance with the City's official population, as shown on the latest available census data, as follows: (a) for municipalities with a population of less than 100,000, up to a maximum of ten (10) free subscriptions; (b) for municipalities with a population of between 100,000 and 249,000, up to a maximum of fifteen (15) free subscriptions; (c) for municipalities with a population of between 250,000 and 500,000, up to a maximum of twenty (20) free subscriptions; and (d) for municipalities of over 500,000, up to a maximum of twenty-five (25) free subscriptions. City shall designate one person who shall be responsible for ordering and receiving any subscriptions. To take advantage of this program, the designated individual should contact Metricom's Network Real Estate Department at the address stated in § 8 below City's right to use the subscriptions shall commence at the time that Ricochet@ service is commercially available in the City and shall extend until the expiration of the term of this Use Agreement or through the length of time that Radios are deployed in the Municipal Right of Way, whichever is longer. City's use of the subscriptions shall be subject to the standard Ricochet@ terms and conditions of use. City understands and agrees that modems and equipment required to utilize the subscriptions and any additional service subscriptions or service options the City may desire may be obtained from an authorized retailer at market rates current from time to time. City shall use all subscriptions provided pursuant to this section solely for its own use and shall not be entitled to resell, distribute, or otherwise permit the use of same by any other person, excepting a local public entity that provides public service within the corporate boundaries of the City (e.g., municipal schools, public safety, or fire departments, etc.). The level of benefits and service provided to City by Metricom as "basic service" shall not be diminished or reduced during the term of this Use Agreement or renewal thereof or prior to its cancellation or termination, as the case may be. 4.6 Most-Favored Municipality Clause. Should Metricom after the parties' execution and delivery of this Use Agreement enter into a right-of-way permit and facility use agreement with another municipality of the same is Right-of-Wad Pennit and Facility Use Agreement Cihj of Richfield:: Mehicom, Inc. Page 8of 16 _... _.J LIi= % / size or smaller than the City as compared with cities in the Minnesota counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington, which agreement contains either (a) a higher Right-of Way Management Reimbursement as described in § 4.1 above or (b) a higher Annual Fee as described in § 4.2 above or (c) a higher amount of Reimbursement of City's Project Review Expenses as described in § 4.4 above, City shall have the right to require that Metricom modify this Use Agreement to incorporate the same or substantially similar superior benefits and such other terms. 5 RELOCATION AND DISPLACEMENT OF RADIOS. Metricom understands and acknowledges that City may require Metricom to relocate one or more of its Radios, and Metricom shall at City's direction relocate such Radios at Metricom's sole cost and expense, whenever City reasonably determines that the relocation is needed for any of the following purposes: (a) if required for the construction, completion, repair, relocation, or maintenance of a City project; (b) because the Radio is interfering with or adversely affecting proper operation of City-owned light poles, traffic signals, or other Municipal Facilities; or (c) to protect or preserve the public health or safety. In any such case, City shall use reasonable efforts to afford Metricom a reasonably equivalent alternate location with no duty to incur any expenses or cost to City. If Metricom shall fail to relocate any Radios as requested by the City within a reasonable time under the circumstances in accordance with the foregoing provision, City shall be entitled to relocate the Radios at Metricom's sole cost and expense, without further notice to Metricom. To the extent the City has actual knowledge thereof, the City will attempt promptly to inform Metricom of the displacement or removal of any pole on which any Radio is located. 5.1 Relocations at Metricom's Request. In the event Metricom desires to relocate any Radios from one Municipal Facility to another, Metricom shall so advise, City. City will use reasonable efforts to accommodate Metricom by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms, and conditions of this Use Agreement. 5.2 Damage to Public Right of Way. Whenever the removal or relocation of Radios is required or permitted under this Use Agreement, and such removal or relocation shall cause the Public Right of Way to be damaged, Metricom, at its sole cost and expense, shall promptly repair and return the Public Right of Way in which the Radios are located to a safe and satisfactory condition in accordance with applicable Laws, normal wear and tear excepted. If Metricom does not repair the site as just described, then the City shall have the option, upon fifteen (15) days' prior written Right-of-Way Pennit and Facility Use Agreement Cihj of Richfield :: Metricom, Inc. Page 9of 16 14=1a notice to Metricom, to perform or cause to be performed such reasonable and necessary work on behalf of Metricom and to charge Metricom for the proposed costs to be incurred or the actual costs incurred by the City at City's standard rates. Upon the receipt of a demand for payment by the City, Metricom shall promptly reimburse the City for such costs. 6 INDEMNIFICATION AND WAIVER. Metricom agrees to indemnify, defend, protect, and hold harmless the City, its council members, officers, and employees from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgements, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense (collectively, the "Losses") directly or proximately resulting from Metricom's activities undertaken pursuant to this Use Agreement, except to the extent arising from or caused by the negligence or willful misconduct of the City, its council members, officers, employees, agents, or contractors. The foregoing notwithstanding, Metricom shall defend and indemnify the City, and its officers and employees, even in the case of negligence, unless the allegations allege (a) independent negligence on the part of the City, its officers and employees or (b) a wrongful act or omission on the part of the City or its officers or employees. Metricom shall also defend and indemnify the City, its officers and employees, even in the case of negligence, if the allegations are based on the City's or its officers or employees' negligence or otherwise wrongful act or omission in issuing a permit to Metricom or approving this Use Agreement, or in failing to properly or adequately inspect or enforce compliance with the terms, conditions or purpose of any permit issued to Metricom. 6.1 Waiver of Claims. Metricom waives any and all claims, demands, causes of action, and rights it may assert against the City on account of any loss, damage, or injury to any Radio or any loss or degradation of the Services as a result of any event or occurrence which is beyond the reasonable control of the City or on account of City's exercise of its regulatory or police powers. 6.2 Limitation of City's Liability. The City shall be liable only for the cost of repair to damaged Radios arising from the negligence or willful misconduct of City, its employees, agents, or contractors. 7 INSURANCE. Metricom shall obtain and maintain at all times during the term of this Use Agreement Commercial General Liability insurance and Commercial Automobile Liability insurance protecting Metricom in an amount not less than One Million Dollars ($1,000,000) per occurrence (combined single limit), including bodily injury and property damage, and in an amount not less than One Million Dollars ($1,000,000) annual aggregate for each personal injury liability and products-completed operations. Right-of-Way Permit and Facilihj Use Agreement Cihj of Richfield :: Metricom, Inc. Page 10of 16 q=13 The Commercial General Liability insurance policy shall name the City, its council members, officers, and employees as additional insureds as respects any covered liability arising out of Metricom's performance of work under this Use Agreement. Coverage shall be in an occurrence form and in accordance with the limits and provisions specified herein. Claims-made policies are not acceptable. Such insurance shall not be canceled, nor shall the occurrence or aggregate limits set forth above be reduced, until the City has received at least thirty (30) days' advance written notice of such cancellation or change. Metricom shall be responsible for notifying the City of such change or cancellation. Prior to any five(5)-year renewal term, pursuant to Section 2 of this Use Agreement, the parties may in good faith bargain to increase the above minimum insurance amounts, if such an increase is warranted by industry standards. Such increase, if any, shall not be effective until the commencement of such renewal term. Prior to any five(5)-year renewal term, pursuant to Section 2 of this Use Agreement, the City may request and the parties shall bargain in good faith to increase the above minimum insurance amounts, if such an increase is warranted by industry standards or specific identified risk. Such increase, if any, shall not be effective until the commencement of such renewal term. 7.1 Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this Use Agreement, Metricom shall file with the City the required original certificate(s) of insurance with endorsements, which shall state the following: (a) the policy number; name of insurance company; name and address of the agent or authorized representative; name and address of insured; project name; policy expiration date; and specific coverage amounts; (b) that the City shall receive thirty (30) days' prior notice of cancellation; (c) that Metricom's Commercial General Liability insurance policy is primary as respects any other valid or collectible insurance that the City may possess, including any self-insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance; and (d) that Metricom's Commercial General Liability insurance policy waives any right of recovery the insurance company may have against the City. Right-of-Way Perrnit and Facilihj Use Agreement City of Richfield:: Metricoin, Inc. Page Ilof 16 The certificate(s) of insurance with endorsements and notices shall be mailed to the City at the address specified in § 8 below. 7.2 Workers' Compensation Insurance. Metricom shall obtain and maintain at all times during the term of this Use Agreement statutory workers' compensation and employer's liability insurance in an amount not less than One Million Dollars ($1,000,000) and shall furnish the City with a certificate showing proof of such coverage. 7.3 Insurer Criteria. Any insurance provider of Metricom shall be admitted and authorized to do business in the State of Minnesota and shall carry a minimum rating assigned by A.M. Best & Company's Key Rating Guide of "A" Overall and a Financial Size Category of "X (i.e., a size of $500,000,000 to $750,000,000 based on capital, surplus, and conditional reserves). Insurance policies and certificates issued by non-admitted insurance companies are not acceptable. 7.4 Severability of Interest. Any deductibles or self-insured retentions must be stated on the certificate(s) of insurance, which shall be sent to and approved by the City. "Severability of interest" or "separation of insureds" clauses shall be made a part of the Commercial General Liability and Commercial Automobile Liability policies. 8 NOTICES. All notices which shall or may be given pursuant to this Use Agreement shall be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is followed by- delivery through the U. S. mail or by overnight delivery service as just described, addressed as follows: if f to the City: CITY OF RICHFIELD Attn: Samantha Orduno - City Manager 6700 Portland Avenue Richfield, MN 55423-2560 if to Metricom: METRICOM, INC. Attn: Network Real Estate 980 University Avenue Los Gatos, CA 95032 Right-of-Way Pennit and Facilihj Use Agreement City of Richfield:: Metricom, Inc. Page 12of 16 8.1 Date of Notices; Changing Notice. Address. Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next business day in the case of facsimile, email, or overnight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth above. 9 TERMINATION. This Use Agreement may be terminated by either party upon forty five (45) days' prior written notice to the other party upon a default of any material covenant or term hereof by the other party, which default is not cured within forty-five (45) days of receipt of written notice of default (or, if such default is not curable within forty-five (45) days, if the defaulting party fails to commence such cure within forty-five (45) days or fails thereafter diligently to prosecute such cure to completion), provided that the grace period for any monetary default shall be ten (10) days from receipt of notice. Except as expressly provided herein, the rights granted under this Use Agreement are irrevocable during the term. 10 ASSIGNMENT. This Use Agreement shall not be assigned by Metricom without the express written consent of the City, which consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, the transfer of the rights and obligations of Metricom hereunder to a parent, subsidiary, or financially viable affiliate of Metricom or to any successor-in-interest or entity acquiring all or substantially all of Metricom's outstanding voting stock or assets shall not be deemed an assignment for the purposes of this Use Agreement. 11 MISCELLANEOUS PROVISIONS. The provisions which follow shall apply generally to the obligations of the parties under this Use Agreement. 11.1 Nonexclusive Use. Metricom understands that this Use Agreement does not provide Metricom with exclusive use of the Public Right of Way or any Municipal Facility and that City shall have the right to permit other providers of communications services to install equipment or devices in the Public Right of Way and on Municipal Facilities. City agrees promptly to notify Metricom of the receipt of a proposal for the installation of communications equipment or devices in the Public Right of Way or on Municipal Facilities. In addition, City agrees to advise other providers of communications services of the presence or planned deployment of the .Radios in the Public Right of Way and/or on Municipal Facilities. 11.2 Waiver of Breach. The waiver by either party of any breach or violation of any provision of this Use Agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other provision of this Use Agreement. Right-of-Wad Pennit and Facility Use Agreement City of Richfield :: Metricom, Inc. Page 13of 16 11.3 Severability of Provisions. If any one or more of the provisions of this Use Agreement shall be held by court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such provision(s) shall be deemed severable from the remaining provisions of this Use Agreement and shall not affect the legality, validity, or constitutionality of the remaining portions of this Use Agreement. Notwithstanding the foregoing, the parties agree that if a court or administrative agency of competent jurisdiction should declare a provision(s) of Section 4 of this Use Agreement invalid, then the parties shall each be obligated to negotiate in good faith to amend Section 4 of this Use Agreement and if, after one hundred and eighty (180) days from the commencement of negotiations or such extension thereof that may be agreed by the parties, the parties are unable to reach agreement on amendments hereto, then this Use Agreement may be terminated by either party. 11.4 Contacting Metricom. Metricom shall be available to the staff employees of any City department having jurisdiction over Metricom's activities twenty-four (24) hours a day, seven (7) days a week, regarding problems or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Radios. The City may contact by telephone the network control center operator at telephone number (800) 873-3468 regarding such problems or complaints. 11.5 Governing Law; Jurisdiction. This Use Agreement shall be governed and construed by and in accordance with the laws of the State of Minnesota, without reference to its conflicts of law principles. If suit is brought by a party to this.. Use Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of Minnesota, County of Hennepin, or in the United States District Court for the District of Minnesota. 11.6 Attorneys' Fees. Should any dispute arising out of this Use Agreement lead to litigation, the prevailing party shall be entitled to recover its costs of suit up to an amount of Five Thousand Dollars ($5,000.00), including (without limitation) reasonable attorneys' fees. 11.7 Consent Criteria. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Use Agreement, such party shall not unreasonably delay, condition, or withhold its approval or consent. 11.8 Representations and Warranties. Each of the parties to this Agreement represents and. warrants that it has the full right, power, legal capacity, Right-of-Way Pennit and Facility Use Agreement City of Richfield:: Mehicom, Inc. Page 14of 16 L%r iq and authority to enter into and perform the parties' respective obligations hereunder and that such obligations shall be binding upon such party without the requirement of the approval or consent of any other person or entity in connection herewith, except as provided in § 3.2 above. 11.9 Amendment of Use Agreement. This Use Agreement may not be amended except pursuant to a written instrument signed by both parties. 11.10 Entire Agreement. This . Use Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are. no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Use Agreement' which are not fully expressed herein. • Right-of-Wad Pennit and Facilihj Use Agreement City of Richfield :: Metricom, Inc. Page 15of 16 ,p In witness whereof,, and in order to bind themselves legally to the 1 .? terms and conditions of this Use Agreement, the duly authorized representatives of the parties have executed this Use Agreement as of the Effective Date. City: CITY OF RICHFIELD, a Minnesota municipal corporation By: Samantha Orduno [name typed] Its: City Manaeer Date: By: Martin Kirsch [name typed] Its: Mavor Date: Metricom: METRICOM, INC., a Delaware corporation By: [name typed] Its: .Date: Right-of-Way Permit and Facility Use Agreement City of Richfield:: Metricom, Inc. Page 16of 16 AGENDA SECTION: CONSENT AGENDA ITEM # 4E . REPORT # 99 STAFF REPORT wam . CITY COUNCIL MEETING APRIL 109 2000. REPORT PREPARED BY: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE • 0 DEPARTMENT DIRECTOR REVIEW REVIEWED BY CITY MANAGER: Y-04 40 r )GMTURE C ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution concurring with a joint petition for a watershed boundary change moving the Richfield Lake drainage area and Augsburg Park pond drainage area to the Richfield-Bloomington Watershed Management Organization. L RECOMMENDED ACTION: By Motion: Adopt the resolution which accepts and supports the joint petition of the Richfield-Bloomington Watershed Management Organization (RBWMO) and the Minnehaha Creek Watershed District for a boundary change to include the Richfield Lake and Augsburg Park Pond drainage areas in the RBWMO. II. BACKGROUND The Richfield-Bloomington Watershed Management Organization (RBWMO) was formed in 1984 to coordinate storm water management planning as mandated by the State of Minnesota. The RBWMO Board members believe the boundary of the RWWMO should be revised to more accurately reflect the drainage boundaries served by the RBWMO. 041 ORMMOboundaryRes ?} C-I The Minnehaha Creek Watershed District (MCWD) and RBWMO are in the process of jointly submitting a formal petition to the Board of Water and Soil Resources i (BWSR) to transfer two areas within the City of Richfield from the MCWD to the RBWMO. The two areas are the Richfield Lake drainage area and the Augsburg Park pond drainage area. Construction of a conduit from Richfield Lake to Wood Lake in 1996 directed the course of flow of stormwater runoff so that the water flowing to the Richfield Lake drainage area is now tributary to Wood Lake and the RBWMO. On completion of the Augsburg Park pond connection to Wood Lake, the Augsburg Park pond drainage area will also be tributary to Wood Lake and the RBWMO. 1111. BASIS OF RECOMMENDATION A. POLICY • The RBWMO and MCWD will submit a joint petition to the BWSR to address the proper location for the boundary between the RBWMO and the MCWD. Because the proposed revision is within the City of Richfield, it is necessary for the City to also consider the proposed revision. • Council has previously discussed possible boundary changes that should be considered as a result of the 1996 project directing the water from Richfield Lake to Wood Lake. • The proposed project to connect the Augsburg Park pond with Wood Lake is in the 2004 Capital Improvement Program. B. CRITICAL ISSUES • A resolution from the Richfield City Council concurring with the joint petition of the MCWD and RBWMO for a boundary change will be part of the joint petition. Council may delay action on a resolution but such delay with proportionately delay transmittal of the petition. C. FINANCIAL • N/A D. LEGAL • The draft joint petition for a boundary change was prepared by the MCWD attorney and has been reviewed by the City Attorney. IV. ALTERNATIVE RECOMMENDATION(S) • Do not pursue any boundary change(s). However, the MCWD and the RBWMO have concluded it is reasonable, expedient, consistent with Minnesota State Statutes and in the public interest to modify the boundaries between the MCWD and RBWMO to include the Richfield Lake and Augsburg Park Pond drainage areas with the boundaries of the RBWMO. • • Continue discussion of any proposed boundary change at a special RBWMO meeting. However, the RBWMO Board members are also members of the • Richfield City Council and the Bloomington City Council and the RBWMO on March 27, 2000 took action related to the joint petition for boundary change. The RBWMO unanimously agreed to 0 1) accept and support the revised boundary of the Richfield- Bloomington Watershed to more accurately reflect the drainage boundaries served by the Watershed Management Organization and 0 2) approve the resolution by the Richfield-Bloomington Watershed Management Organization accepting and supporting the proposed boundary change and support the submittal of this proposed boundary change to the State Board of Water and Soil Resources. V. ATTACHMENTS • Proposed boundary change figure dated March 13, 2000 as prepared by WSB & Associates. • Draft joint petition for boundary change. • Resolution concurring with the joint petition for boundary change. VI. PRINCIPAL PARTIES EXPECTED AT MEETING None. • 0 • `Lr W. r is g M. $ ST. V ?// 711E,` C. J- - S IS ST. Im M W NARNICK PL. LRELDDY LAKE RD I. NORRANDALE CT. i. NORRANDALE AVE. L NORYANDALE RD. ` '.JOSEPHINE AVE. a I, LILERIQ LA. LN]RTH FIELD AVE. I RIDDEVIEW AVE. . HDLRORN AVL 1. 69th ST. y D.' y RD. 2ELTON pRiye, WYNAN AVE. :,:1 ?HW ROBERT'S PL. 79. W. = ST, 75. W,= ST. 76.NANCY LA. 31 ST. MILLER'S LA. SB. W. Ill ST. 59.LANTANA LA. g W. / PARKLAl 4 AVL W _ 5T.71? 1 ti .E $T. EWING _ J - 350 Westwood Lake Office WSB 8441 Wayzata Boulevard Minneapolis, MN 55426 - 812541-4800 & Associates, Inc. FAX 541-1700 INFRASTRUCTURE - ENGINEERS - PLANNERS • 0 ??\ X 0 1500 3000 + l I I I I. ?i ?I ? W--7f A -1J 1 7, -1 LF I , LO INNESOTA RIVER E. Rle T] 1Iq NRSHED DISTRICT Richfield - Bloomington WMO Boundary Change City of Richfield, Minnesota Date: March 13, 2000 Proposed Boundary Change j wA1000.09ftaftound-final. dgn qg-q FINAL DRAFT 3,28-00 BOARD OF WATI+ R AND SU1L Ri..SOURCE.S 1 West Water Street, Suite 200 St. Paul, MN $51.07 . In Re: Joint Petition for Boundary-Change Mtween The Richfield Bloomington Watershed Management Organization And the Minnehaha Creek Watershed District Pursuant to--Minnesota Statutes TO. The Board of Water and Soil Resources 1 West Waiter Street, Suite 200 St. Paul.MN 55101. JOINT PETITION FOR BOUNDARY CHANGE The Richfield" Bloomington Watershed Management Organization (RBWMO) and the Minuehahs Creek Watershed District (MC.WD), together "Petitioners," hereby jointly petition-the board of Water and..Soil Resources (Board) for an order approving the change of boundary between-the- Jurwdictional-area-tv*fsaid orkanizatiotrs-.as described hertin, 1. This petition requests that the Board change the boundaries of the R.BWMO and the MCWD to transfer two areas within- the City of Richfield from the MCWD to the RBWMO. The two areas-are-designated as Areas A and-Ron Exhibit I Jwrcta.. • 2. Area A, measuring 487 acres, is tributary to Richfield L-ake (Richfield Lake Drainage Area): Stormwater that drains to Richfield LWO flows by underground conduit to Wood Locke, which lies within the City of RichfiekLand- within the boundaries pf the )WWMO. 3. Area B, measuring 144 acres, is tributary to Augsburg fond {Augsburg Pond Drainage Area). Augsburg Pond presently is landlocked but, as specified in the 2001-2005 Richfield C'apital Improvement Program, wilt. bp-connected-WWood.I.ake in 2W4.. 4. Petitioners have concluded that it is reasonable, expedient, consistent with Minnesota State Statutes and in the public interw to- modify the boundaries between the MCWD.and RBWMO to include the Richfield Lake _and_A.ugsbur-g.Pgnd Drainage Areas within the boundaries of the ICIi'WMO, The reasons for this conclusion include the following: It. The construcCibn of of conduit from Richfield Lake tu_Wood Lake in 1996 directed the course of the flow of stormwater runoff -so that the water flowing to the Richfield Lake Drainage Area= is now tributary to Wood Lake and the RBWMU. On completion of the AuphuroontLeUnneetion to.-Wood-LW%-,, the Augsburg Pond Drainage Arc*als -will-lie-tributary to -Wood Lake and -the RBWMO. Under the 0 FINAL DRAFT 3-$8-00 circumstances of these actions, it is appropriate to modify the boundary between Petitioners to.Mwogitize these-hydrological changes. b. Water quality and quantity consequences ?.?f activities in the Richfield Lake and, after outlet construction, the Augsburg Pond Drainage Areas will affect the .quality and quantity of-w--ter downstream-in-the area of the-R©WNtO, c. The Ri-cl f -ild . Lake and Augsburg Pond Drainage Areas lie entirely within the City of Richfield, which is one of the two parties to the i2.BWMO Joint Powers Agreement. Use and development of land is regulated by the-City of Richfield in accordance with its MCWD-nppravad local .stormwater management plan. The City of Riehfield has constructed, maintained and operated the-storm sewer system .in the- armof-114chf`ial Lake. at the-expense (if-Riehfield--raixpayers and ratepayers, including the- owners of property in the Richfield Lake and Augsburg Pond Draina-ge-Area r.- 5. The area tributary to Grass Lake within {he bountiaries of the MCWD, just north of the MCWDmRBWMO boundary as shown on ExWWt 1. (hereinafter referred to as the "Grass Lake 'Drainage Area") lic -almost-soiely-in=the City-of Minneapolis and to a limited extent in the City of Richfield. Stormwuter collected in Grass Lake from the Grass Lake Drainage Area also fio?ux-ivy- underground conduit--twRfchtield-hake. .However, the Grass Lake Drain-WArewlies within the boundaries of the City of Minneapolis, which is .not. a party--W. the- P.PWMf}-7oint- Powers - Agreement:-Thai a. of "Minneapolis has not adopted an approved- Vocal stormwater management plan for the Grass Luke Drainage Area. A transfer-of-the Grass Lake Drainage Area from the MCWD. to the R11WMO would necessitate adding the City of Minneapolis as a party, to the RBWMO and would impose additional planning -ante administrative- burdens on- the WMO. 't'herefore, Petitioners have concluded that it is not presently lwthepuhlic.interest,t„ include the Grass Lake Drainage Area in=the petition, notwithstanding the-fact thzrt the Crass Lake Drainage Area is tributary -to-Rivhtie- La1ct, Wood Lakc, and- waatcrs of tke RBW : 6. Pursuant to Minnesota Statutes § 1030.215,-subd. 2(c), the City of Richfield) concurs in this petition as evidenced-by resolution of the City Council, appended hereto as Exhibit 2. 7. The proposed change would bring jurisdictional-boundaries more closely into conformance with physical watershed boundaries-anct.wapld allow for a more coordinated and integrated management of stormwater itr the Richfield Bloomington watershed area. 8. Pursuant to Minnesota statutes § 10313.225, Petitioners represent that no property in.the affected area is resimnsible for any outstauding..iulebtedness, levies or assessments, and that the baun4ary change will not affect any benefits or damages for previously constructed improvements. • 2 f FINAL DRAFT . ; 00 9. Revised legal descriptions of the affected portion of the MCWD and RBWIVIO boundaries are provided at Exhibits 3 and 4 hereto. WHEREFORE, Petitioners respectfully petition the Board of Water and soil Resources, in accordance with Minnesota Statutes §10313.21.5 and the rules and procedures of the Bmmd, to make the boundary change requested herein. M.INNERAHA CREEK WATERSHED RICHFIELD BLOOMINGTON MANAG t'MENT DISTRICT WATERSHED MANAGEMENT ORGANIZATION Pamela Blixt, President. Date: 0 Date: 0 3 q V/ 1 RESOLUTION NO. RESOLUTION CONCURRING WITH THE JOINT PETITION OF THE RICHFIELD BLOOMINGTON WATERSHED MANAGEMENT ORGANIZATION AND THE MINNEHAHA CREEK WATERSHED DISTRICT FOR A BOUNDARY CHANGE WHEREAS, the Richfield Bloomington Watershed Management Organization and the Minnehaha Creek Watershed District have agreed to jointly petition the Board of Water and Soil Resources for an order approving the change of boundary between the jurisdictional areas of said organizations; and WHEREAS, the petition requests the Board of Water and Soil Resources to transfer two areas within the City of Richfield, to Wit the Richfield Lake drainage area and the Augsburg Park pond drainage area, from the Minnehaha Creek Watershed District to the Richfield Bloomington Watershed Management Organization; and WHEREAS, the City of Richfield has reviewed the proposed joint petition for boundary change and has concluded that it is reasonable, expedient, consistent with Minnesota State Statutes and in the public interest to modify the boundaries between the Minnehaha Creek Watershed District and the Richfield Bloomington Watershed Management Organization to include the Richfield Lake and Augsburg Park pond drainage areas within the boundaries of the Richfield Bloomington Watershed Management Organization, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that pursuant to Minnesota Statutes 10313.215, subd. 2(c) the City of Richfield concurs in the joint petition of the Minnehaha Creek Watershed District and the Richfield Bloomington Watershed Management Organization to the Board of Water and Soil Resources for an order approving the change of boundary between the jurisdictional areas of said organizations. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of April, 2000. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 • AGENDA SECTION: Consent AGENDA ITEM # 4D REPORT # 98 STAFF REPORT CITY COUNCIL MEETING • APRIL 10, 2000 REPORT PREPARED $Y: STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR NAME, TITLE REPORT PRESENTER: STEVEN L. DEVICH, ADMINISTRATIVE SERVIC S DIRECTOR AME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNA REVIEWED BY CITY MANAGER: - l ITEM FOR COUNCIL CONSIDERATION: Consideration to authorize. the Mayor to sign a consent and conflict waiver for Moss & Barnett regarding representation of Bernie's Montessori School, Inc. before the City of Richfield. I L RECOMMENDED ACTION: By Motion: Authorize the Mayor to sign a consent and conflict waiver for Moss & Barnett regarding representation of Bernie's Montessori School, Inc. before the City of Richfield. ?II. BACKGROUND Brian Grogan, a partner at Moss & Barnett, represents the Southwest Suburban Cable Commission (SWSCC) and indirectly, the City of Richfield on various cable communications matters. Bernie's Montessori School, Inc. has asked Glen Schumann, a partner at Moss & Barnett, to represent them in addressing certain zoning matters before the City of Richfield. Moss & Barnett has advised the City of the potential conflict of interest. However, the Moss & Barnett firm does not believe that their representation of Bernie's Montessori School, Inc. would adversely affect their relationship with the City because this matter is outside of the scope of their normal representation of the City on cable communications matters. Moss & Barnett further believes that it is 0410MossBarnett qv-1 necessary to obtain written consent from both parties and have set forth a request for a written waiver from the parties. III. BASIS OF RECOMMENDATION A. POLICY • It is appropriate in cases like this for the attorney to seek a consent and conflict waiver. The conflict waiver request has been discussed with the City Attorney. B. CRITICAL ISSUES N/A C. FINANCIAL N/A D. LEGAL • Moss & Barnett does not work directly for the City of Richfield. They are employed by the SWSCC, which covers Richfield as a member city. IV. ALTERNATIVE RECOMMENDATION(S) • The Council may decide not to authorize the conflict waiver. If this would occur, Moss & Barnett would need to consider resigning representation of either the City or Bernie's Montessori School, Inc. V. ATTACHMENTS I Letter. and acknowledgement from Moss & Barnett. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 9 LAW OFFICES MOSS & BARNETT A PROFESSIONAL ASSOCIATION 4800 NORWEST CENTER 90 SOUTH SEVENTH STREET MINNEAPOLIS, MINNESOTA 55402-4129 TELEPHONE (612) 347-0300 FACSIMILE (612) 339-6686- WRUER'S DMECT DIAL NUMBER (612) 347-0340 WR='S E-MAIL ADDRESS GroganB@ mo ss-barnetL com February 29, 2000 q D °;2- RECEIVED BY- Mr. Steve Devich Ms. Bernadette Mallawaaratchy Assistant City Manager Bernie's Montessori School, Inc. City of Richfield 13751 Shannon Pky. 6700 Portland Avenue Rosemount, MN 55068 Richfield, MN 55423 Re: Representation of Bernie's Montessori School, Inc. before the City of Richfield, Minnesota Dear Mr. Devich and Ms. Mallawaaratchy: Bernie's Montessori School, Inc. has asked Mr. Glen Schumann, a partner at Moss & Barnett, to represent it in addressing certain zoning matters before the City of Richfield, Minnesota. Mr. Brian Grogan, also a partner at Moss & Barnett, represents the City of Richfield on various cable communications matters. Both Bernie's Montessori School and the City of Richfield are very valued clients to Moss & Barnett. Under the rules that regulate the conduct of lawyers, we cannot simultaneously represent directly adverse parties unless: 1) the lawyer reasonably believes the representation will not adversely affect the relationship with the other party; and 2) each client consents after consultation. We do not believe that our representation of Bernie's Montessori School will adversely affect our relationship with the City because this matter is outside of the scope of our normal representation of the City on cable communications matters. However, we believe it is necessary to obtain written consent from both parties. This letter sets forth our request for a written waiver from the City and Bernie's Montessori School that would allow Moss & Barnett to represent Bernie's Montessori School before the City. ?J 189b r?ey.s at MOSS & BARNETT A PROFESSIONAL AssOcIATION q0-3 Mr. Steve Devich and Ms. Bernadette Mallawaaratchy February 29, 2000 Page 2 If you consent to Moss & Barnett's request to represent Bernie's Montessori School before the City of Richfield, please sign and date the below acknowledgment. If you should have any questions or if we can provide any additional information, please feel free to contact us. Very truly yours, Brian T. Grogan Glen E. Schumann BTG/tlh 317236/1 ACKNOWLEDGMENT: BERNIES MONTESSORI SCHOOL, INC. By: Date: Its: CITY OF RICHFIELD, MINNESOTA By: Date: Its: • • AGENDA SECTION: Consent AGENDA ITEM # 4C REPORT # 97 J REPORT PREPARED BY: REPORT PRESENTER: STAFF REPORT CITY COUNCIL MEETING APRIL 10, 2000 NAAE, TITLE • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR 0 / SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution authorizing the execution of a landscaping partnership agreement between MnDOT and the City of Richfield that would fund plantings at the Wood Lake Nature Center. ,a L RECOMMENDED ACTION: By Motion: Approve the resolution authorizing execution of the Landscape Partnership agreement between MnDOT and the City of Richfield for plantings at the Wood Lake Nature Center. II. BACKGROUND In order for MnDOT to construct a soundwall along the stretch of 1-35W that runs past the Wood Lake Nature Center, the removal of 393 trees along the west edge of the Nature Center was necessary. Although the removed trees were entirely located within MnDOT right-of-way, MnDOT has graciously offered mitigation for the loss of these trees. Nature Center Manager Karen Shragg has worked with MnDOT foresters to establish a landscape partnership plan (attached). The plan focuses on development of the FOWL Children's Forest, a habitat 0410 Wood Lake Agreement r 4CI restoration project on the east side of the Nature Center. Wood Lake staff had already developed a plan for the Children's Forest, but were uncertain of funding for the project. The agreement with MnDOT will provide approximately $22,000 over the next three planting seasons for trees, shrubs and plants for the Children's Forest. The resolution will authorize the execution of the attached agreement and will release the funding to the City. III. BASIS OF RECOMMENDATION A. POLICY • MnDOT policy requires the approval of a resolution authorizing the execution of the agreement before proceeding with the partnership. B. CRITICAL ISSUES 0 • The FOWL Children's Forest project had already been planned by Nature Center staff and had been awaiting funding and implementation. This landscaping partnership provides the Nature Center with the necessary funding to begin the project. • As a provision of this partnership, Nature Center staff has agreed to be responsible for the labor and materials for planting and future maintenance of the Children's Forest. Arrangements have been made for the planting and maintenance of the area. C. FINANCIAL • Without this Landscape Partnership Plan with MnDOT, the financial feasibility of proceeding with the Children's Forest project this year would be uncertain. D. LEGAL The plan has been reviewed and approved by the City Attorney. IV. ALTERNATIVE RECOMMENDATION(S) Do not approve the resolution authorizing the execution of the agreement. I V. ATTACHMENTS Resolution Draft copy of MnDOT Agreement #80051: Landscape Partnership Agreement between MnDOT and the City of Richfield. 0 VI. PRINCIPAL PARTIES EXPECTED AT MEETING None q c-D- RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF MnDOT AGREEMENT #80051 BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF RICHFIELD, WOOD LAKE NATURE CENTER, TO ENTER INTO A LANDSCAPING PARTNERSHIP FOR LANDSCAPE CONSTRUCTION TO BE PERFORMED NEAR TRUNK HIGHWAY 35W IN THE WOOD LAKE NATURE CENTER WITHIN THE CORPORATE CITY LIMITS UNDER STATE PROJECT #2782-969A. NOW, THEREFORE, BE IT RESOLVED that Martin J. Kirsch, Mayor, and Samantha Orduno, City Manager, are authorized to execute the Agreement. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of April, 2000. Martin J. Kirsch, Mayor 0 ATTEST: Thomas P. Ferber, City Clerk 0 • • • DRAFr Uc-3 OFFICE OF STATE OF MINNESOTA Mn/DOT ENVIRONMENTAL DEPARTMENT OF TRANSPORTATION AGREEMENT NO. SERVICES LANDSCAPE PARTNERSHIP AGREEMENT 80051 S.P. 2782-969A (T.H. 35W) State Funds The State of Minnesota Department of Transportation, and The Citv of Richfield Re: Mn/DOT cost landscape materials acquisition by the City for use adjacent to T.H. 35W Mn/DOT Accounting Information: Vendor Number: Fund: Org/Sub: Contract: Number/Date/Entry Initials Fiscal Year: N App: I Amount ORIGINAL AMOUNT ENCUMBERED 59064.00 AMOUNT RECEIVABLE (None) Agency: T-79 Order: Number/Date/Signatures [Individual signing certifies that funds have been encumbered as required by Minn. Stat § 16A.I5.1 Budget Office: (Authorized Signature) THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as "Mn/DOT", and the City of Richfield, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". 1 -l 80051 • WHEREAS the City is about to perform landscaping adjacent to Trunk Highway No. 35W in the Wood Lake Nature Center within the corporate City limits in accordance with City-prepared plans, specifications and/or special provisions designated as the "Wood Lake Nature Center- Children's Forest Landscaping Plan", which project has been designated by Mn/DOT as State Project No. 2782-969A (T.H. 35W); and WHEREAS the City has requested participation by Mn/DOT in the costs of landscape materials acquisition in accordance with the terms of Mn/DOT's "Community Roadside Landscaping Partnership Program"; and WHEREAS Mn/DOT is willing to participate in the costs of the landscape materials acquisition as hereinafter set forth; and WHEREAS Minnesota Statute Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I PROJECT ADMINISTRATION BY THE CITY Section A. Landscape Materials Acquisition The City shall acquire landscape materials in accordance with Mn/DOT-approved City plans,. specifications and/or special provisions designated as the "Wood Lake Nature Center-Children's Forest Landscaping Plan". Landscaping shall be performed by City forces in accordance with Mn/DOT-approved City plans, specifications and/or special provisions which are on file in the City's office and in Mn/DOT's Office of Environmental Services in St. Paul, and are made a. part hereof by reference with the same force and effect as though 0 fully set forth herein. 2 _ y c-5 80051 Section B. Purchase Order to be Furnished to Mn/DOT The City shall, within 7 days after ordering the landscape materials, submit to Mn/DOT's Landscape Programs Coordinator in St. Paul a copy of the purchase order for the landscape materials. Section C. Direction. Suvervision and Inspection Landscape materials acquisition performed in accordance with this Agreement shall be under the direction of the City; however, the Mn/DOT cost participation landscape materials to be acquired under this Agreement shall be open to inspection by Mn/DOT's authorized representatives. The City shall give Mn/DOT's Landscape Programs Coordinator five days notice of its intention to receive delivery of the landscape materials. Responsibility for the control of the Mn/DOT cost participation landscape materials acquisition covered under this Agreement shall be on the City and shall be carried out in accordance with Mn/DOT-approved City plans, specifications and/or special provisions designated as the "Wood Lake Nature Center-Children's Forest Landscaping Plan". The City must verify whether or not nursery vendors are under a Gypsy Moth Compliance Agreement between the Minnesota Department of Agriculture, hereinafter referred to as the "MDA", and the United States Department of Agriculture or under an MDA Japanese Beetle Quarantine. All plant material shipped from nursery vendors subject to quarantines must be accompanied by a Current Certificate of Compliance for Gypsy Moth and/or Japanese Beetle. To determine if vendors are subject to quarantines, call the MDA Supervisor of Plant Regulatory Services at (651) 296-8388. Section D. Comnletion of Materials Acquisition and Installation The City shall cause the acquisition and installation of landscape materials to be started and completed in accordance with the time 3 q C- (P 80051 schedule in the Community Roadside Landscaping Partnership Program Project Application, which is on file in Mn/DOT's Office of Environmental Services and is made a part hereof by reference with the same force and effect as though fully set forth herein. The completion date for the landscape materials acquisition and installation may be extended, by an exchange of letters between the appropriate City official and Mn/DOT's Landscape Programs Coordinator, for unavoidable delays encountered in the performance thereof. Section E. Comoliance with Laws. Ordinances and Regulations, The City shall, in connection with the acquisition of the landscape materials, comply with all Federal, State and Local laws, and all applicable ordinances and regulations. Section F. Riaht-of-Wav. Easements and Permits, The City is hereby authorized to work on Mn/DOT right-of-way for the purposes of installing and maintaining the landscape materials, including any necessary replacement of landscape materials that fail to survive. The City shall, without cost or expense to Mn/DOT, obtain all rights-of-way, easements, construction permits and/or any other permits and sanctions that may be required in connection with the installation of landscape materials. Prior to advance payment by Mn/DOT, the City shall furnish Mn/DOT with certified copies of the documents for those rights-of-way and easements, and certified copies of those construction permits and/or other permits and sanctions required for Mn/DOT landscaping. ARTICLE II - MN/DOT COST. Section A. Basis Mn/DOT's full and complete share of the costs of the landscaping to be performed adjacent to Trunk Highway No. 35W in the Wood Lake 4 80051 is Nature Center within the corporate City limits under State Project No. 2782-969A (T.H. 35W) shall be equal to the delivered cost of the landscaping materials acquired in accordance with the "Wood Lake Nature Center-Children's, Forest Landscaping Plan", however, the maximum obligation of Mn/DOT under this Agreement shall not exceed .$18,000.00, unless the maximum obligation is increased by execution of an amendment to this Agreement. It is estimated that the cost of the landscape materials acquisition is $9,064.00. Section B. Pavment Mn/DOT shall pay to the City an amount equal to the delivered cost of the landscape materials, not to exceed the maximum obligation, after the following conditions have been met: 1. Encumbrance by Mn/DOT of Mn/DOT's total cost share. 2. Execution and approval of this Agreement and Mn/DOT's transmittal of same to the City. 3. Receipt by Mn/DOT's Landscape Programs Coordinator, from the City, of the following: a. Copies of the purchase orders for the landscape materials, as provided for in Article I, Section B. of this Agreement. b. Certified copies of the documents, as provided for in the second paragraph of Article I, Section F. of this Agreement. C. A written request for payment, accompanied by copies of supplier invoices for the landscape materials acquisition and delivery. • 5 80051 01 ARTICLE III - GENERAL PROVISIONS, Section A. Installation and Maintenance by the City After acquisition of the landscape materials, the City shall install the landscape materials adjacent to Trunk Highway No. 35W and provide for the proper maintenance thereof, without cost or expense to Mn/DOT. Maintenance shall include, but not be limited to, removal and replacement of all materials that fail to survive. Criteria for maintenance and replacement are shown and described in EXHIBIT "A", Maintenance Responsibilities Plan and Schedule, which is attached hereto and made a part hereof by reference. Section B. Responsibilities of the City The City shall, in connection with the landscape materials acquisition, installation and maintenance, comply with the following conditions: 40 1. Use of Mn/DOT right-of-way shall in no way impair or interfere with the safety or convenience of the traveling public in its use of the highway. 2. Preserve and protect all utilities located on lands covered by this Agreement, without cost or expense to Mn/DOT. 3. As required by Minnesota Statute 216D, notify Gopher State One Call System (1-800-252-1166) at least 48 hours before any excavation is done on this project. 4. No advertising signs or devices of any form or size shall be constructed or shall be permitted to be constructed or placed upon.Mn/DOT right-of-way covered by this Agreement. 5. Upon completion of the installation of landscape materials and during performance of maintenance operations, restore all • 6 ycq 80051 disturbed areas of Mn/DOT right-of-way so as to perpetuate satisfactory drainage, erosion control and aesthetics. Any use of Mn/DOT right-of-way permitted by this Agreement shall remain subordinate to the right of Mn/DOT to use the property for highway and transportation purposes. This Agreement does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge facility that would become subject to Section 4(f) of the Federal-Aid Highway Act of 1968. ,.Section C. Examination of Books. Records.. Etc. As provided by Minnesota Statute Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of Mn/DOT and the City relevant to this Agreement are subject to examination by Mn/DOT and the City, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from.final payment. Section D. Cancellation of Aareement Mn/DOT may cancel and terminate this Agreement for any cause or reason, including Mn/DOT's desire to use any portion of Mn/DOT right-of-way subject to this Agreement for transportation purposes, by giving the City written notice at least 90 days prior to the date which such termination shall become effective. Upon cancellation of this Agreement, the City will be required to restore and return the area to a condition satisfactory to Mn/DOT's Metropolitan Division Engineer at Roseville. Section E. Claims All employees of the City and all other persons employed by the City or volunteering in the performance of landscape materials acquisition, installation and/or maintenance covered under this Agreement shall not be considered employees of Mn/DOT. All claims 7 4C-/o 80051 that arise under the Worker's Compensation Act of the State of Minnesota on behalf of the employees or volunteers while so engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees or volunteers while so engaged on landscape materials acquisition, installation and/or maintenance covered under this Agreement shall in no way be the obligation or responsibility.of Mn/DOT. Section F. Nondiscrimination The provisions of Minnesota Statute Section 181.59 and of any applicable law relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. Section G. Agreement Anvroval Before this Agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State and City officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. ARTICLE IV - AUTHORIZED AGENTS Mn/DOT's Authorized Agent for the purpose of the administration of this Agreement is Scott Bradley, Landscape Programs Coordinator, or his successor. His current address and telephone number are 395 John Ireland Boulevard, Mailstop 620, St. Paul, MN 55155, (651) 284-3758. The City's Authorized Agent for the purpose of the administration of this Agreement is Karen Schragg, Wood Lake Nature Center Manager, or her successor. Her current address and telephone number are 735 Lake Shore Drive, Richfield, Minnesota 55423, (612) 861-9366. 8 Ll C-1 1 80051 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. DEPARTMENT OF TRANSPORTATION CITY OF RICHFIELD" Recommended for approval: By By `?? ?ar Mayor Director Office of Environmenttal Services Date By Division Engineer By Approved: By State Design Engineer (Title and Date) Date DEPARTMENT OF ADMINISTRATION OFFICE OF THE ATTORNEY GENERAL Approved as to form and execution: By By Assistant.Attorney General Date 000000000000000000000000000000000000000 State of Minnesota County of Hennepin This Agreement was acknowledged before me this day of 2000, by and (Name) the Mayor and (Name) (Title) of the City of Richfield, and they executed this Agreement on behalf of the municipality intending to be bound thereby. Notary Public My Commission Expires 9 C AK-S CIc-1- EXHIBIT "A" Maintenance Responsibilities Plan and Schedule Table 1 a. REQUIRED LANDSCAPE MAINTENANCE ACTIVITIES MAINTENANCE CONSIDERATION PLANT PRUNING WEED FERTILIZATION GROUPS CONTROL See Table 5, When To Evergreen Trees Anytime - Dry Shade Trees Ornamental Trees Evergreen Shrubs Anytime - Dry* Winter* Anytime - Dry Type Of Fertilization Schedule Corrective and Maintain mulch at 3" Yes Deadwood Removal minimum around trees in mowed areas, Training and keep weed free. Yes Corrective Corrective Yes Deadwood Removal Yes Deciduous Shrubs Dormant Corrective and Maintain minimum 3" Yes Renewal woodchip mulch in a weed free condition until shrub crown closure. Vines I Dormant I Deadwood Removal No 'Groundcovers I * Do not prune oaks during April, May and June. Do not prune Honeylocust while dormant or when humid or wet. * * Do not prune apples, crabapples or Mountain Ash during April, May and June. TABLE 1 b. REQUIRED LANDSCAPE MAINTENANCE ACTIVITIES MAINTENANCE CONSIDERATION PLANT GROUPS WATERING INSECT AND RODENT DISEASE PROTECTION CONTROL Evergreen Trees Yes until established As needed. Yes - Pine Only Shade Trees Ornamental Trees Evergreen Shrubs Deciduous Shrubs Vines Groundcovers (2 yrs.). Supplemental watering may be needed during drought periods (especially during July and August) even after plants are established. Remove diseased plants which pose threats to adjacent plantings. Yes Yes No* No* No* No* REMOVALS AND REPLACEMENTS Remove all dead plants. Replace dead or dying plants unless the visual appearance or design intent are not noticeably compromised by the lost plants. * Rodent protection is generally not practical for mass shrub plantings, maintaining clean mulched planting areas free of weed growth will reduce problems. Mowed turf in formal planting areas will help reduce rodent problems. Sheet 1 of 4 9 C-) 3 TABLE 2a. CALENDAR OF LANDSCAPE MAINTENANCE il M ch A M I F I ACTIVITY pr ay ar ebruary January Pruning See Table 1 a for Best Time for Specific Species. Weed Control: Planting beds must be kept in a weed free condition. Remulch 0XX XXXX Herbicide Must be applied by a licensed Pesticide Applicator. Fertilization: Turf XXXX Shrubs, Trees I June XO Insect & Disease I Time of control depends on the type of insect or disease and when it is detected. Sunscald Protection Remove Watering Maintain Rodent Protection Turf Maintenance Mowing *Mower Damage Prevention Replanting Evergreen Trees Deciduous Trees Container Plants Turf wrap During first and second growing seasons approximately once a week or as needed to maintain adequate but not excessive soil moisture. 0000 0000 0000 0000 0000 0000 OOX XXXX X XXXX XXXX OXX XXO OXX XXXX XXX XXXX XXXO O XXXX XXOO X - Optimum Time 0 - Less than Optimum Time * Undiluted white latex paint is recommended, repaint as necessary until trees reach 4" caliper. IR Sheet 2 of 4 y e-,q BLE 2b. CALENDAR OF LANDSCAPE MAINTENANCE I I maintain paint. Install wrap*. Watering During first and second growing seasons approximately once a week or as needed. ACTIVITY July August September October November December Pruning See Table 1 a for Best Time for Specific Species. Weed Control: Planting beds must be kept in a weed free condition. Remulch XXXX XXXX XXXX XXXX 00 XO Herbicide Must be applied by a licensed Pesticide Applicator. Fertilization: Turf XXXX Shrubs, Trees XXXX Insect & Disease Time of control depends on the type of insect or disease and when it is detected. Sunscald Protection Apply or Maintain Rodent Wrotection 0000 0000 XXXX XXXX X000 0000 Turf Maintenance Mowing XXXX XXXX XXXX XXOO Mower Damage Prevention XXXX XXXX XXXX XX00 Replanting Evergreen Trees OX XXXO Deciduous Trees OXXX XO Container Plants 0000 OOOX XXXO Turf 0000 OOXX XXXX 00 X - Optimum Time 0 - Less than Optimum Time * Undiluted white latex paint is recommended, repaint as necessary until trees reach 4" caliper. is Sheet 3 of 4 SIC-I15" TABLE 3. DESCRIPTIONS OF TYPES OF PRUNING 16YPES OF PRUNING WHEN TO PRUNE DESCRIPTION Disease Removal After Diagnosis Removal of fungal bacterial growths. Sterilize pruners between cuts. Deadwood Removal See Table 1 Removal of dead branches, normally from the interior portion of the crown. Training See Table 1 Maintaining the central leaders and acceptable symmetry in evergreen, shade and ornamental trees. Removal of suckers and water sprouts. Corrective See Table 1 Removal of storm-damaged, vehicle-damaged or vandalized limbs. Renewal See Table 1 Removing all top growth at or near the ground line and remulch. Or removal of 1 /3 of the oldest stems at the ground line. TABLE 4. WEED CONTROL METHODS - INTEGRATED APPROACH CATEGORY METHOD TREES I SHRUB BEDS TURF Replanting - Filling Voids X X 0-ertilization X X X Remulch * I X X X Herbicides X X X Weed Whip I No ( X * Wood chip mulch should be replenished around shade trees and low growing shrubs every 3-5 years. Place mulch to a 4" depth. Mulching will help control weeds, reduce mower damage and conserve moisture. TABLE 5. FERTILIZATION SCHEDULE CATEGORY I FREQUENCY TIME OF APPLICATION ANALYSIS RATE Mowed Turf I Every 3 Years April or October 12-12-12 300 Ibs/acre Shrub Beds* Every 3 Years October or April 12-12-12 25 Ibs/1000 sq. ft. Shade Trees* I Every 3 Years I October or April 112-12-12 10 Ibs/1000 sq. ft. Note: Do not fertilize trees and turf during the same season. Offset tree fertilization by one season in order to prevent fertilizer burn on turf. * Plants that fix nitrogen, like Silver Buffaloberry, Caragana, Honeylocust, Russian Olive or other legumes, should not be fertilized except under special conditions. Tall shrubs do not need to be fertilized if leaf color remains normal. Sheet 4 of 4 AGENDA SECTION: Consent AGENDA ITEM 9 4 $ REPORT # 96 • • aim REPORT PREPARED BY: REPORT PRESENTER: STAFF REPORT CITY COUNCIL MEETING APRIL 10, 2000 DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE Or SIGNATURE ' u ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract to Earl F. Anderson, Inc. for the Heredia Park Playfeature Replacement Project. I. RECOMMENDED ACTION: By Motion: Approve the award of contract to Earl F. Anderson, Inc. for the Heredia Park Playfeature Replacement Project. III. BACKGROUND Based on feedback gathered at meetings with the Heredia Park neighborhood, staff and the Community Services Commission, a Request for Proposal (RFP) was written for the replacement of the playfeatures at Heredia Park. Five play equipment vendors responded to the RFP. A four-person selection committee (Chad Sharkey, Community Services Commission Member; MaryKaye Champa, Recreation Supervisor; Dave Goeman, Public Works Worker; Jim Topitzhofer, Recreation Services Director) evaluated all of the proposals and recommended the design offered by Earl F. Anderson, Inc. 0410 heredia park Proposals were scored on the following criteria: Design (30 points), Safety (10 points), Quality/Durability )15 points, Cost/Value (15 points), Delivery/Installation is (10 points), Warranty (10 points), References (10 points). Based on this selection, the Community Services Commission, at their regular March meeting, voted unanimously to recommend to the Council the award of contract to Earl F. Anderson, Inc. The amount. of the RFP is $58,000. The Selection Committee recommends awarding the contract to Earl F. Anderson (site plan and quote attached). III. BASIS OF RECOMMENDATION A. POLICY • The RFP was written with feedback from the community and staff. Earl F. Anderson's proposal was selected by a committee that represented residents, the Community Services Commission and staff from different departments and divisions. B. CRITICAL ISSUES The City is continuing its 15-year playfeature replacement cycle to remain compliant with safety requirements, the Americans. with Disabilities Act (ADA) and changes in preferences and styles. C. FINANCIAL • The Heredia Park Playfeature Replacement project is part of the 2000 Capital Improvement Budget. D. LEGAL .• N/A IV. ALTERNATIVE RECOMMENDATION(S) • Do not approve the award of contract to Earl F. Anderson, Inc. • Instruct staff to re-evaluate the proposals and select a different proposal V. ATTACHMENTS I • Unsigned contract with Earl F. Anderson, Inc. for the Heredia Park Playfeature Replacement Project. • Site plan and quote from the proposal submitted by Earl F. Anderson, Inc. VI. PRINCIPAL PARTIES EXPECTED AT MEETING None 0 46-41 0 CITY OF RICHFIELD HENNEPIN COUNTY, MINNESOTA CONTRACT FOR MUNICIPAL CONSTRUCTION City Project No. 438-40-741 Contract No. xxxx Class of Work: General Recreation Site Improvements THIS AGREEMENT made this March 27, 2000, between the City of Richfield, Minnesota, acting by and through its Mayor and City Manager, herein called the "City," and Earl F. Anderson, Inc. herein called the "Contractor," witnesseth; that the Contractor, in consideration of the payment of the contract price therefor, amounting substantially to Fifty-Eight Thousand and 0/100 Dollars ($58,000.00), 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: Heredia Park Play Equipment Installation and Related Site Improvements 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. The contractor further agrees that he will commence work hereunder as soon after May 22, 2000, and will have all work done and the improvement fully completed to the satisfaction and approval of the City on or before June 9, 2000. is Page 2 CITY OF RICHFIELD, HENNEPIN COUNTY, MINNESOTA CONTRACT FOR MUNICIPAL CONSTRUCTION City Project No. 438-40-741 Contract No. xxxx Class of Work: General Recreation Site Improvements 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 Earl F. Anderson, Inc. ("Contractor") By Its Signatures for the City of Richfield, Minnesota ("City"). By Its Mayor By Its City Manager r \?\ v?.i VV y??j T 7 wV6 N ?? O 6 . . / wr?Fi 7 w r / \ NIA O I n an J 24 \ 11101 - iv l I 1 i \\_?? wsw. ?? ?--T +r Ie 40. 6?i 16' 16 i / j 6• , r`' 72 1 N ?•Nri?.Tii u I / / ? 6 d \\ $1 1t '_- -4 1 ?? ?? f KMO ?rC6 ? \ / t -am 11 1 + we?iL ( y ??-- 6 L 40 40 Caw- -W 48 FlBER SYStEM - A966 1 a r•t ACCESS PATH - BY OTHERS Tn `BORDER BY CITY t \,-PATH BY.OTHERS r-EbSTING PATH y Earl F. Andersen TO: City Of Richfield 7000 Nicollet Ave South Richfield Mn 55423 Attn: Jim Topiitzhofer Phone: 861-9394 Project: Per Drawing C5353F Heredia Park i Qty I Unit I 1 Lump Sum 1 Lump Sum 0 4 68 Ton 228 Cu. Yds 48 5" QUOTATION Description Custom Playstructure & Equipment By LSI Per Lists Site Furnishings By Diversified Metal. Fabricators Equipment Installation By EFA Price Includes Concrete For Footings Border or Container is Not Included in , this Quotation Drain Aggregate @ 3" Depth Delivered and Installed By EFA Wood Fiber - Depth As Shown Per Plans Includes Filter Fabric, Delivered & Installed Excavating and Grade Work are Not Included in this Quotation This Plan Meets the ADA Surface Requirements for Accessibility 1 Lump Sum Drain Tile - 300 Lin. Ft. Date: 01-Mar-00 File No. 5353FOOAQS Form: OOSR001 From: EARL F. ANDERSEN, INC. 9808 James Circle Bloomington, MN 55431 Phone: (612) 884.7300 Fax: (612) 884-5619 I Price I Extension $35,725.00 $35,725.00 $13,140.00 $13,140.00 $24.90 $1,693.20 $28.20 $6,429.60 $525.00 $525.00 DISCLAIMER FOR UNKNOWN CONDITIONS: The following disclaimer ann ies o y when installation is quoted. This quotation is based on the area being free of all debris such as, but not limited to the following: * Concrete footings or blocks of any type. * Bedrock or rocky conditions of any type. * Tree stumps, trees, cans, bottles, metal or any other debris. * Utilities requiring any holes to be dug by hand. * If area is not accessible to a bobcat and other equipment necessary for installation. * If water exists in site area or footings after they are dug. * Or any other unknown conditions not listed or visible. Prices Good For 30 Days Equipment Tax is Included in Installation Price Sub Total $57,512.80 Tax Included Job Completion Date: 6 to 7 Weeks A.R.O. Equip. Frt. $487,20 prices Based on Labor Without Prevailing Wages Other Signed By:!??GT.rt Total $58,000.00 MattiFinnegaV Sales C sultant 9ROR Tame-, rirrle * Rlnnminatnn MN 15,5411 * Phnne• 617_R9d-7-inn * 1-Rnn-R&7-6026 * Fax: 612-RR4-sAio AGENDA SECTION: Consent APRIL 10, 2000 REPORT PREPARED BY: GEORGE ATKINSON, ENGINEERING SUPERVISOR NAME, TITLE REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: © t `' S(GNAT(JRE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract for street and stormwater improvements in the vicinity of 70th Street and Russell Avenue. 1. RECOMMENDED ACTION: By Motion: Accept the bid minutes/tabulation and award a contract to Ingram.Excavating, Inc. in the sum of $102,406.10 for 70th Street and Russell Avenue street and stormwater improvements, City Project No. 503-30-577. IIL BACKGROUND The area of 70th Street and Russell Avenue has suffered flooding during moderate and heavy rainfall events for many years. On February 28, 2000 the City Council approved plans and specifications and ordered City Project No. 503-30-577 for storm sewer system improvements in the vicinity of 70th Street and Russell Avenue. The project calls for reconstructing about 700 feet of 70th Street to improve storm water protection for homes in the area. This project will lower 70th Street to allow storm water to flow to the pond on Penn Avenue. Bids were opened on March 29, 2000. 40 Seven of the eight planholders submitted bids. 0410Russell-70 q/q-1 III. BASIS OF RECOMMENDATION A. POLICY • When the contract for the pond at 69th Street and Penn Avenue was awarded on June 14, 1999 it was noted that the Penn Pond would also provide storage capacity for the 70th and Russell Avenue project, which was planned for 2000. • A public information meeting was held January 25, 2000 to discuss the proposed 70th Street and Russell Avenue project with residents. • Right of entry is being obtained from the property owners where the grade of driveways will be affected by the project. I B. CRITICAL ISSUES • Traffic calming has been a concern of residents on 70th Street. This project offers the City an opportunity to narrow 70th Street in an attempt to slow traffic and discourage the use of 70th Street for through traffic. City staff will hold a neighborhood meeting to present some traffic calming options to the residents. C. FINANCIAL I • The engineer's estimate for the work was $82,542. Ingram Excavating, Inc. submitted the lowest bid. Ingram Excavating, Inc. has held other contracts in the City. • The $100,000 budgeted for the project is slightly less than the bid amount. The contractor's bid on estimated quantities and amounts will be monitored. Any costs to the project in excess of the budgeted amount will be included in the revised 2000 Stormwater Utility budget. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Council may choose to reject all bids and direct staff to obtain new bids. However, staff does not believe lower prices can be obtained from a reputable contractor. Council may choose to award a contract to another bidder. However, Ingram Excavating, Inc. submitted the lowest bid. Council may choose to delay action until traffic calming measures, if any, have been determined; however, start of construction for the project would be proportionately delayed. It should also be noted the current bids are available for only 60 days. I V. ATTACHMENTS 40 • Bid minutes/tabulation VI. PRINCIPAL PARTIES EXPECTED AT MEETING 0 None. qlq-?L CITY OF RICHFIELD, MINNESOTA Bid Opening March 29, 2000 10:00 a.m. 70th Street & Russell Avenue Storm Sewer Improvements Project No. 503-30-577 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Thomas Ferber, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for 70th Street & Russell Avenue storm sewer improvements, Project No. 503-30-577, as advertised in the official newspaper on March 15, 2000. Present: Thomas Ferber, City Clerk George Atkinson, Public Works Representative Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Vendor Bid Security Base Bid Bituminous Roadways, Inc. Minneapolis, MN 5% Bid Bond $ 116,440.00 Hardrives, Inc. Rogers, MN 5% Bid Bond $ 109,536.25 Ideal Paving of Henderson Henderson, MN 5% Bid Bond $ 116,892.50* Ingram Excavating, Inc. Eden Prairie, MN 5% Bid Bond $ 102,406.10 McNamara Contracting, Inc. Rosemount, MN 5% Bid Bond $ 112,611.00 Midwest Asphalt Corp. Hopkins, MN 5% Bid Bond $ 112,982.60 Northwest Asphalt, Inc. Shakopee, MN 5% Bid Bond $ 104,331.25 *Denotes corrected figure The City Clerk announced that the bids would be tabulated and considered at the April 10, 2000 City Council Meeting. 0 Thomas Ferber City Clerk