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11-13-00 agendaCITY OF RICHFIELD, MINNESOTA MONDAY, NOVEMBER 13, 2000 RICHFIELD CITY HALL • 6700 PORTLAND AVENUE SPECIAL CITY COUNCIL STUDY SESSON COUNCIL CHAMBERS - 6:00 P.M. Call to Order Roll Call I. Annual meeting with Charter Commission 11. Discussion -of City Hall communication methods III. Update on South Metro Public Safety Training Facility -- Adjournment - REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 7:00 P.M. AGENDA • INTRODUCTORY PROCEEDINGS Call to Order Pledge of Allegiance Roll Call Approval of minutes of Regular City Council Meeting of October 23, 2000 PRESENTATION Individuals who wish to address the Council are requested to print their name and address on the Speaker's Register for the record. 1. Presentation of proclamation designating American Education Week, November 12- 18, 2000 2. Opportunity for citizens to address the Council on items not on the agenda Notes: 0 AGENDA APPROVAL 3. Council approval of agenda 4. City Manager report Notes: CONSENT CALENDAR 5. Consent Calendar contains several separate items-which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of resolution approving November 13, 2000 amendment to Flexible Spending Account Plan S.R. No. 275 B. Consideration of approval of resolution designating City's 2001 contribution toward health, term life and dental insurance premiums for General Services and Management employees S.R. No. 276 C. Consideration of approval of award of contract to Rehbein Inc. for lime by- product disposal in amount of $95,850 for 2001 and 2002 with option to renew for another two years S.R. No. 277 D. Consideration of approval of resolution amending 1 -35W Solutions Alliance Joint Powers Agreement S.R No. 278 E. Consideration of approval of resolution establishing just compensation and authorizing purchase of 6338 -18th Avenue S.R. No. 279 F. Consideration of approval of consultant agreement/work order for additional final design and coordination services related to Lyndale Avenue reconstruction between 77th Street and 76th Street S.R. No. 280 G. Consideration of approval of resolution authorizing continued participation for 2001 in Local Housing Incentives Account Program under Metropolitan Council's Livable Communities Act S.R. No. 281 H. Consideration of approval of setting December 11, 2000 for public hearing to consider 2001 renewal of on -sale intoxicating and Sunday liquor licenses for: Chi Chi's Mexican Restaurant, The Ground Round, Khan's Mongolian Barbeque, Minneapolis- Richfield American Legion Post 435, Fred Babcock VFW Post No. 5555 • d /b /a Four Nickels Food and Drink, Don Pablo's Operating Corporation d /b /a Don Pablo's, American Dining Corporation d /b /a Champps Sports Cafe, and Wiltshire Restaurant, LLC d /b /a Houlihan's Restaurant & Bar S.R No. 282 I. Consideration of approvat.of setting December 11, 2000 for.public hearing for 2001 renewal of on -sale wine and on -sale 3.2 percent malt liquor licenses for: Thompson's Fireside Pizza, Red Pepper Chinese Restaurant, Ketsana's Thai Restaurant, and The Frenchmans S.R. No. 283 J. Consideration of approval of setting December 11, 2000 for public hearing for 2001 renewal of pawnbroker and secondhand goods dealer licenses for: Metro Pawn and Gun, Inc. and Plaza Pawn S.R. No. 284 Notes: PUBLIC HEARINGS 6. Continue public hearing and second reading to November 27, 2000 of transitory ordinance adopting City's Comprehensive Plan with amendment to Guide Plan and changing designation of property in Interchange West area from high density single family residential and neighborhood commercial to regional commercial /office Staff Report No. 285 Notes: 7. Continue public hearing to November 27, 2000 for approval of resolution modifying Redevelopment Plan for Richfield Redevelopment Project Area and modifying Gramercy Tax Increment Financing Plan, Urban Village Tax Increment Financing Plan, Richfield Rediscovered 1999 Tax Increment Financing Plan, A -5 Tax Increment Financing Plan and B -5 Tax Increment Financing Plan Staff Report No. 286 Notes: 8. Public hearing and table to December 11, 2000 second reading approval of transitory ordinance relating to proposed improvements and studies in 2001 for possible future capital improvements in City of Richfield Staff Report No. 287 Notes: RESOLUTION 9. Consideration of resolution determining results of City General Election on Tuesday, November 7, 2000 Staff Report No. 288 Notes: PROPOSED ORDINANCES 10. Consideration of first reading of transitory ordinance vacating right -of -way in Best Buy Campus project area Staff Report No. 289 Notes: 11. Consideration of first reading of ordinance amendment rezoning land located in southwest quadrant of 66th Street and Lyndale Avenue from single family residential and general commercial to planned general commercial for City Bella project Staff Report No. 290 Notes: 12. Consideration of first reading of transitory ordinance vacating right -of -way in City Bella project area Staff Report No. 291 Notes: ADMINISTRATIVE REPORTS AND OTHER BUSINESS Is 13. Transportation update Notes: AIRPORT BUSINESS 14. _ Airport status report Notes: CORRESPONDENCE Notes: COUNCIL CHOICE Notes: 15. Claims and payrolls COUNCIL RETIRES TO SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION IN EXECUTIVE CONFERENCE ROOM 16. Discussion of lawsuit settlement agreement COUNCIL RECONVENES TO REGULAR CITY COUNCIL MEETING IN COUNCIL CHAMBERS 17. Consideration of lawsuit settlement agreement Notes: COUNCIL RETIRES TO SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION IN EXECUTIVE CONFERENCE ROOM 18. To conduct City Manager annual performance evaluation 19. Adjournment Auxilia ry 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: P ,,n nrdi nnnces AGENDA ITEM # 12 REPORT # 291 -' STAFF REPORT CITY COUNCIL MEETING NOVEMBER 139 2000 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: 70 JULIE URBAN, PLANNING & ZONING ADMINISTRATOR NAME, TITLE BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: First reading of a transitory ordinance vacating right -of -way in the .City Bella project area. I. RECOMMENDED ACTION: By Motion: Conduct first reading of a transitory ordinance vacating right -of -way in the City Bella project area and schedule second reading and the public hearing for December 11, 2000. III. BACKGROUND I Gramercy Inc. is proposing to construct a mixed -use development in the southwest quadrant of 66th Street and Lyndale Avenue. There are streets, an alley, and a public walkway underlying the development area that need to be vacated for the development to proceed. These right -of -way areas separate the land uses that have existed for several years. The Lyndale Hardware building was built in 1942. The Trestman and Checker Auto buildings have existed since 1952. Through developer acquisition of existing uses and the Housing and Redevelopment Authority (HRA) redevelopment, seamless connections can occur within the quadrant. The HRA's 1983 Lake Shore Drive Condominium, 2000 Gramercy Park Cooperative and the proposed City Bella can share common boundaries and connections with the vacations. 1113CBvacations There is general agreement by adjacent landowners that the right -of -way can be �. vacated if development occurs. However, ownership of and compensation for the vacated right -of -way is an ongoing discussion topic between the HRA, developer, and adjacent owners. Generally, each half of vacated right -of -way belongs to the property owner on either side of the right -of -way. In the case of the City Bella development, Lake Shore Drive Condominiums and Gramercy Park Cooperative are also adjacent to the right - of -way and may be entitled to half of the right -of -way. The developer, however, needs to use both halves of all vacated right -of -way to provide adequate space for excavation, construction ,-landscape - buffering and -pedestrian connections. The Lake Shore Drive Condominiums have expressed a desire to retain half of the right -of -way adjacent to their property, although the open space for the condominium has been approved based on present lot lines since 1983. The Housing and Redevelopment Authority and the developer would pursue the acquisition of all right -of -way for the project and provide compensation to the appropriate landowners. City Bella is being designed so that no buildings encroach in either half of the right- of-way. There will be no internal roads or alleys. Once construction is complete, a substantial fence (the developer is proposing a brick base with metal railing) would be installed within the right -of -way of Auto Lane and Lake View Walk. Lake Shore Drive Condominiums could be granted a permanent easement to use any open space created by the setback of the fence subject to Gramercy also having sufficient space to maintain the fence. The remainder of the right -of -way south of the fence would be used to provide a landscape buffer between the project and the condominium property. Gramercy Park Cooperative may also be entitled to the portion of Auto Lane and Lake View Walk adjacent to that property. Auto Lane is necessary for the Cooperative and the VFW tenant to provide space for the parking'and drive aisle located to the north of the building. Upon completion of construction, Gramercy Park Cooperative would be given an easement to continue to use Auto Lane for parking purposes. If vacated, Lake View walk would continue as an improved pedestrian connection to the Wood Lake Nature Center. There is also a small portion of Lake Shore Drive to be vacated. The actual right -of- way for Lake Shore Drive curves farther to the north than the paved roadway. When Gramercy Park Cooperative was approved, a portion of Lake Shore Drive was vacated in favor of the Cooperative. This additional vacation will continue the right -of -way line that was established with this.vacation. A 12 -foot boulevard is maintained behind the street curb. Ll III. BASIS OF RECOMMENDATION A. POLICY With the City Bella development, the rights -of -way would no longer be needed for their existing public purpose. B. CRITICAL ISSUES • The developer needs to use both halves of the vacated right -of- -way for construction activities and to prevent encroachment on adjacent property. • The developer has agreed to provide a fence and a landscape buffer between the Lake Shore Drive Condominiums and the City Bella development. The vacated right -of -way between City Bella and the condominiums would be used for this purpose. • Upon completion of construction, City Bella would provide the Lake Shore Drive Condominiums an easement to utilize right -of -way no longer needed for construction activities as open space. City Bella would retain the right to maintain the north side of the fence. • Upon completion of construction, City Bella would provide Gramercy Park Cooperative with an easement to use both halves of Auto Lane for parking purposes. • If the right -of -way spaces are not vacated, it effectively prevents the seamless redevelopment and connection of uses that are desirable. C. FINANCIAL • Both halves of all right -of -way are needed by Gramercy to construct the City Bella development. Compensation would be provided to Lake Shore Drive Condominiums and Gramercy Park Cooperative for use of the portion of the rights -of -way to which they may be entitled. D. LEGAL • The following stipulations should be attached to any approval of the right -of -way vacations: • That Gramercy Corporation obtain control over all property within the development area; • That any necessary new easements be established in the plat; and • That Gramercy Corporation submit title evidence indicating they have an interest in the right -of -way to be vacated. IV. ALTERNATIVE RECOMMENDATIONS) • Deny the vacations at first reading. • Refer the vacation to the Planning Commission for further review although the Planning Commission is not required to review vacations. The Commission did review the planned unit development plan and voted unanimously to recommend approval. Delay the vacation until the compensation and the final fence /landscape plan is determined with adjacent owners. However, these are issues separate • form the vacation matter and will be dealt with by the HRA. V. ATTACHMENTS • Transitory Ordinance Attachment A: Illustration of easements to be vacated VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representatives from Gramercy Corporation will be at the meeting to answer any questions. • ATTACHMENT A Right -of -Way to be Vacated City Bella I I �/ \ 66TH ST W Areas to be vacated Q 67TH S. Cn w BOB PL Q T November 3, 2000 0 is AGENDA SECTION: Prop. Ordinance AGENDA ITEM # 11 REPORT # 290 STAFF REPORT =mom CITY COUNCIL MEETING NOVEMBER 139 2000 JULIE URBAN, REPORT PREPARED BY: PLANNING & ZONING ADMINISTRATOR NAME, TITLE BRUCE PALMBORG, REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW:�� REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: First reading of an ordinance amendment rezoning land located in the southwest quadrant of 66th Street and Lyndale Avenue from R (single family residential) and C -2 (general commercial) to PC -2 (planned general commercial) for the City Bella project. I. RECOMMENDED ACTION: By Motion: Conduct first reading of an ordinance amendment rezoning land located in the southwest quadrant of 66th Street and Lyndale Avenue from R and C -2 to.PC -2 for the City Bella project and set second reading and public hearing for December 11, 2000. III. BACKGROUND I The southwest quadrant of 66th Street and Lyndale Avenue has been part of the Housing and Redevelopment Authority's (HRA) Lyndale /Hub /Nicollet (LHN) redevelopment strategy since 1975. The acquisition and clearance of property in 1981 led to the construction of the Lake Shore Drive Condominiums. Similar actions in 1998 led to the, development of Gramercy Park Cooperative on Lake Shore Drive. The remaining part of the quadrant (Lyndale Hardware, Trestman Music, Checker Auto Parts, and residential parcels fronting on Lake Shore Drive) represent the boundary for the area yet to be redeveloped. In January 2000, the HRA entered into an exclusive rights agreement with Gramercy Corporation to 1113citybella study the feasibility of redeveloping the remaining area, and in July, 2000, the HRA approved a contract for private redevelopment with Gramercy. • Gramercy is proposing to construct a mixed -use development in the southwest quadrant. The area would be rezoned to a planned unit development. The City Bella development includes the following components: 250 apartment units in a 19 -story building with approximately 33,250 sq. ft. of office- retail- restaurant, and private health club at the corner of 66th and Lyndale; 80,000 sq. ft., five -story office building on Lyndale Avenue; A two -level underground parking structure with 673 parking spaces and an additional four surface parking stalls to service the apartment, retail, and office needs; Three -story building with 34 units of cooperative housing on Lake Shore Drive with 60 parking spaces, primarily below ground; A 1.4 acre urban plaza; and Future skyway connections to Woodlake Centre and Market Plaza and a pedestrian connection to Wood Lake Nature Center. III. BASIS OF RECOMMENDATION A. POLICY • This area has been identified for redevelopment since 1975. • The proposal is consistent with the 1999 Lakes at Lyndale Master Plan. The proposed rezoning is consistent with the Comprehensive Plan. The Comprehensive Plan references the Lakes at Lyndale Master Plan as the vision for the area. The Comprehensive Plan also designates the area between the Gramercy Park Cooperative and 66th Street as Community Commercial and the area on Lake Shore Drive as High Density Multiple Residential. Mixed use development is encouraged in the Community Commercial designation. B. CRITICAL ISSUES Issues such as traffic, building height, parking, landscaping, pedestrian connections, and land uses are addressed in the final development plan. • In order to achieve the goals of creating a pedestrian friendly environment, minimize the appearance of parking, create connections between uses, and increase housing opportunities within the downtown area, the development departs from the setback requirements of the C -2 and R zoning districts as follows: • • • Setback R District City Bella PUD (co -op) C -2 District City Bella PUD Front 30 feet 20 35 North — 2 to 25 Rear 25 feet 20 20 South —176 Streetside N/A N/A 25 East — 9 to 41 Side interior 5 feet 6 to 30 20 1 West — 50 to 122 At the December 11 public hearing, comments received from the public and Planning Commission, and responses from the developer and staff will be provided. C. FINANCIAL The HRA will consider providing financial assistance to the development through the use of tax increment financing at their November meeting. . D. LEGAL On October 24, the Planning Commission voted unanimously to recommend approval of the rezoning. IV. ALTERNATIVE RECOMMENDATIONS) Deny the rezoning at first reading. V. ATTACHMENTS Ordinance Attachment A: Existing and Proposed Zoning Attachment B: Site Plan VI. PRINCIPAL PARTIES EXPECTED AT MEETING Representatives from Gramercy Corporation will be available for any questions. 0 BILL NO. AMENDMENT TO SECTION 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 (22) is amended to read as follows: thFawqh 49 ef P196k 2, B. Section 3, Paragraph (23) is amended to read as follows: , C. Section , Paragraph (11) is added to read as follows: (11) M-6 8 (SW corner 66th and Lyndale Lots 1 through 4 and Lots 11 through 19 of Block 1 and all of Block 2 and Lots 1 through 5 and Lots 16 through 18 of Block 3 Fairwood Shores Addition, Also, Graham Avenue and Circle Place including the vacated portion of Circle Place between the west right of way ine of Lyndale Avenue and the east line of the vacated seciton of Graham Avenue lying within PMR zone no. 2. Also, All of the alley parallel to and between Lake Shore Drive and Graham Avenue except those parts included in PMR zones nos. 2 and 5. Also, The dedicated public walkway lying along the south east lines of Lots 6 and 18. Block 3. Fairwood Shores Addition except that part included in PMR zone no. 5, D. This amendment constitutes a rezoning of 6617 to 6639 Lake Shore Drive from R to PC -2 and of 6616 to 6718 Lyndale Avenue from C -2 to PC -2. E. This ordinance shall become effective on such date as all subject parcels are held in common ownership by Gramercy Corporation or 30 days following publication or when the environmental assessment process has been favorably completed, whichever is later. Passed by the City Council of the City of Richfield, Minnesota this day of 2000. ATTEST: Deborah J. Guiher, Deputy City Clerk • Martin J. Kirsch, Mayor W h ff r si V V v w R NG •�� --� I ar �c �G� �• y�RE�•,i'•�•• '••�� i �• waCO •�'• �— ^�'°".. --- I I I� ,�� Wmmvljlri _o J R Q �pY! O N g V LL LL Q Y Q N N ,I i • 1 i I i i • I i 1 1 I • I iI I 1 I 1 1 I I = 1 • � I • I ' � I Q I • N 1 I I I W I � 1 Z W I I � 1 4 I W 1 J 1 I Q I p I • Z I I I Y I J I I ' l I I 1 1 I • I' i 1 • I 1 is • AGENDA SECTION: Prop. Ordinance AGENDA ITEM # 10 REPORT # 289 M' STAFF REPORT CITY COUNCIL MEETING NOVEMBER 13, 2000 JULIE URBAN, REPORT PREPARED BY: PLANNING & ZONING ADMINISTRATOR NA&E, TITLE REPORT PRESENTER: BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNC+r CONSIDERATION: First reading of a transitory ordinance vacating right -of -way in the Best Buy Campus project area. RECOMMENDED ACTION: By Motion: right -of -way Conduct first reading of a transitory ordinance vacating in the Best Buy Campus second readinq and the public hearir III. BACKGROUND I project area and schedule g for December 11, 2000. Best Buy Corporation is proposing to construct a corporate campus, including four buildings with 1.5 million square feet of office space and parking for 7,500 cars, in the Interchange West area (76th Street to 1 -494 and Knox to Penn Avenues). The 42 -acre site is currently developed with a mixture of 68 single family and duplex properties, three apartment complexes (89 units), 12 small businesses and the Walser and McCarthy car dealerships. There are several public streets within the development area, including 77th and 78th Streets, Logan, Morgan, Newton and Oliver Avenues. The proposed development would eliminate the streets and the utilities contained within the development. 1113bbvacations III. BASIS OF RECOMMENDATION A. POLICY The proposed site plan for the Best Buy Campus proposes an internal circulation system. Public streets would no longer be needed in this area. B. CRITICAL ISSUES . The current utility easements would no longer be needed. Any easements necessary with the new development would be established in the plat. Utilities currently located within the street rights -of -way that provide services outside the project area will be relocated. . Right -of -way necessary for the widening of 76th Street and Penn Avenue would be dedicated in the plat. Two Bloomington water lines run through the project area. The water lines would be relocated with the project. A portion of the easements for these water lines are within City streets. Best Buy plans to pursue an agreement with the City of Bloomington to provide a temporary easement for the water lines until they can be relocated. eC. FINANCIAL . N/A D. LEGAL The following stipulations should be attached to any approval of the right -of -way vacations: • that Best Buy obtain control over all property adjacent to the streets and easements to be vacated • that new easements be established in the plat • that an agreement be signed in which Best Buy acknowledges that the 1 -494 frontage will someday be needed for the widening of 1-494 and that they are not entitled to claim damages at that time • that Best Buy submit title evidence indicating that have an interest in the right -of -way to be vacated IV. ALTERNATIVE RECOMMENDATION(S) Deny the vacation at first reading. Refer the vacation to the Planning Commission for review although they are not required to review vacations. The commission did review the planned Munit development plan and voted unanimously to recommend approval. V. ATTACHMENTS • Transitory Ordinance Attachment A: Illustration of right -of -way and easements to be vacated VI. PRINCIPAL PARTIES EXPECTED AT MEETING • A representative from Opus will be present at the meeting in the event of any questions. 40 BILL NO. . TRANSITORY ORDINANCE NO. AN ORDINANCE VACATING PUBLIC RIGHT -OF -WAY AND PUBLIC UTILITY EASEMENTS (Portions of Logan, Morgan, Newton, and Oliver Avenues, 77th Street West, 1 -494 frontage road, and utility easements) THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The following 'described lands are subject-to- the-easements as described below for street, roadway or public right -of -way purposes ( "Street Easements "): That part of Oliver Avenue South lying south of the southerly right of way line of 76th Street, as dedicated in the plat of JACOBSEN AND QUIST THIRD ADDITION and as dedicated in the plat of MCHARDY'S ADDITION, Hennepin County, Minnesota, and as created by statutory user and Document No. 3649300. That part of Newton Avenue South lying south of the southerly right of way line of 76th Street, as dedicated in the plat of MCHARDY'S ADDITION and as dedicated in the plat of ROBERT WEBER'S FIRST ADDITION, Hennepin County, Minnesota and as created by statutory user and Document No. 2444987. • That part of West 77th Street lying between the easterly right of way line of Penn Avenue South and the westerly right of way line of Knox Avenue South, as dedicated in the plat of JACOBSEN AND QUIST THIRD ADDITION and as dedicated in the plat of MCHARDY'S ADDITION, and as dedicated in the plat of ROBERT WEBER'S FIRST ADDITION, and as dedicated in the plat of JUNGELL AND JOHNSEN'S FIRST ADDITION, and as dedicated in the plat of A.N. TACK'S FIRST ADDITION, Hennepin County, Minnesota, and as created by statutory user and Document Nos. 3186043, 468886, 2956722, 2956724, 2956726, 633329, 3186038, 2967023, 3267845, 3467745, 3308048 and 2444987 and as referenced in Document No. 712251. That part of Morgan Avenue South lying south of the southerly right of way line of 76th Street, as dedicated in the plat of JUNGELL AND JOHNSEN'S FIRST ADDITION, Hennepin County, Minnesota, and as created by statutory user and Document Nos. 2956726, 3186041, 3186045, 3186042 and 603584, and 35777592, and instrument 3128632 filed at Page 626 of Book 2174 of Deeds, and as referenced in Document Nos. 674199 and 839290. That part of Logan Avenue South lying south of the southerly right of way line of 76th Street, as dedicated in the plat of A.N. TACK'S FIRST ADDITION, Hennepin County, Minnesota and as created by statutory user and Document Nos. 3194118, 3186043, 3267845 and 2956722, and as referenced in Book 2471 of Deeds at Page 79 as Document No. 3513383 and in Document No. 4758025. West 78th Street as described in Doc. No. 5110315 Pathway easement per Doc. No. 1999707 10 Sec. 2: The following described land is subject to easements for public utility purposes ( "Utility Easements "): All utility easements as dedicated on the plat of "JACOBSEN AND QUIST, THIRD ADDITION" All drainage and utility easements as dedicated on the plat of "ROBERT WEBER'S FIRST ADDITION" All drainage and utility easements as dedicated on the plat of "JUNGELL AND JOHNSEN'S FIRST ADDITION" All drainage and utility easements as dedicated on the plat of "A.N. TACK'S FIRST ADDITION," all according to the recorded plats thereof, Hennepin County, Minnesota Sanitary sewer easement per Doc. No. 2956725 (West 77th Street) Storm sewer easement per Doc. No. 3236317 (Logan Avenue extended) Sewer or Road and highway easement per Doc. No. 3186041. 0 Utility easement per Doc. No. 3649300. Sec. 3: Document No. 5106079 creates certain private easements for ingress, egress, light and air. Pursuant to the provisions of said document, the City of Richfield hereby consents to the termination of the private easements for ingress, egress, light and air created by Doc. No. 5106079. Sec. 4: The City of Richfield has initiated the vacation of the Street Easements and Utility Easements. Sec. 5: The proposed vacation of the Street Easements and Utility Easements will not adversely affect the ability of the City or other utility to maintain, repair or replace any utility facilities that may be located within the area to be vacated. Sec. 6: The Council finds that, at such time that Best Buy Corporation has control over all property adjacent to the Street Easements and Utility Easements, there will no longer be a public need for the Street Easements or for the Utility Easements. Sec. 7: The Street Easements described in Section 1 of this Ordinance are hereby vacated. The City does not intend to vacate those portions of the street easements created by Document Nos. 3186041, 3186045, 3186043 which are within the right of way of 76th Street West. Sec. 8: The Utility Easements, as described in Section 2 of this Ordinance, are hereby vacated. Sec. 9: The vacation will be effective 30 days following publication. The City Clerk is directed not to publish this ordinance until Best Buy Corporation has produced evidence satisfactory to the City Attorney that Best Buy Corporation owns all of the properties adjacent to the Street Easements and Utility Easements. Passed by the City Council of the City of Richfield, Minnesota this day of ,200—. ATTEST: Deborah J. Guiher, Deputy City Clerk 0 Martin J. Kirsch, Mayor Streets to be Vacated Best Buy Campus Project LJ z a g8TH - ST� -W1 INTERSTATE HWY NO 494 . -- SOUTHTOWN DR Streets to be vacated November 3, 2000 W a a z o = 76TH ST W LJ z a g8TH - ST� -W1 INTERSTATE HWY NO 494 . -- SOUTHTOWN DR Streets to be vacated November 3, 2000 0 :7 i AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT MAO CITY COUNCIL MEETING NOVEMBER 139 2000 RESOLUTION REPORT PREPARED BY: STEVEN L:' DEVICH, ADMINISTRATIVE SERVICES DIRECTOR NAME, TITLE REPORT PRESENTER: STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR DEPARTMENT DIRECTOR REVIEW: 4 .SIGNATURE REVIEWED BY CITY MANAGER: � _ ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution determining results of City General Election held on Tuesday, November 7, 2000. I. RECOMMENDED ACTION: By Motion: Adopt the resolution determining the results of the City General Election held on Tuesday, November 7, 2000. III. BACKGROUND The City General Election was conducted on Tuesday, November 7, 2000. The City of Richfield office of Council Member for Wards 1, 2 and 3 were on the ballot. The Richfield City Charter states that the Council shall meet and canvass the election returns at the next regular or special Council meeting immediately following any regular, primary or special election, but in no event later than the Monday next following, and shall make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. III. BASIS OF RECOMMENDATION A. POLICY The election judges have certified the returns of the election. 1107ELECTIONS The City Charter provides that the City Council declare the results of the election on or before the Monday following the election. The Regular City Council Meeting of November 13 provides a timely opportunity to canvass the election results. B. CRITICAL ISSUES The City Council must take action by November 13, 2000. C. FINANCIAL • N/A D. LEGAL • City Charter Section 4.07 provides that the City Council declare the results of the Election. IV. ALTERNATIVE RECOMMENDATION(S� N/A V. ATTACHMENTS • Resolution determining the results of the November 13, 2000 General Election. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. RESOLUTION DETERMINING RESULTS OF THE GENERAL ELECTION OF THE CITY OF RICHFIELD HELD ON TUESDAY, NOVEMBER 7, 2000 BE IT RESOLVED by the City Council of the City of Richfield that the Council, having received and considered the tally of votes by the election judges of the General Election held November 7, 2000, the results are determined to be as follows: Votes cast for Council Member Ward 1: Susan Rosenberg 2945 Four Year Term Deb Nordmarken 2183 Write Ins 24 Votes cast for Council Member Ward 2: Gertrude Ulrich 2737 Four Year Term Larry Wozniczka 2698 Write Ins 26 Votes cast for Council Member Ward 3: John Enger 2165 Four Year Term Connie R. McDonald 1898 Write Ins 43 Total number of voters in this election: 17,902 Attached Attachment A is complete tabulation of results. BE IT FURTHER RESOLVED that the following list of judges were those certifying returns of said election: James Alagna (R) Mark Amberson (R) Janice Andersen (R) Clyde Anderson (R) David Arnold (R) Benjamin Arriola (R) Angela Aylward (R) Kathryn Bakke (R) Connie Bates (DFL) Kathryn Breeggman (R) Erva Brown (R) Elaine Carlson (R) Ted Chao (R) Bunkhean Chhun (R) Darlene Colbenson (DFL) Corrine Cosgrove (DFL) Stanley Cromer (DFL) Emily Day (DFL) Gladys Denesen (DFL) Robert Dover (R) Liz Ekholm (DFL) Julie Erlandson (R) Lynette. Farnell (Ind) Veronica Fashant (DFL) Mary Ann Ferber (R) Donna Fischer (DFL) Vern Fischbach (R) Jette Floberg (R) Ronald Fossum (DFL) Beatrice Frankus (DFL) Eloise Friend (R) Joe Garcia (DFL) Edwina Garcia (DFL) Nancy Garwick (DFL) Beverly Gerber (Ind) Elayne Gilhousen (R) Clara Gmach (DFL) Betty Halloran (R) Mary Lee Hanson (Ind) Betty Harrington (DFL) Gladys Hayden (DFL) Diane Mary Healey (R) Joan Helmer (DFL) Gertrude Herll (DFL) Mae Hermansen (R) Helen Hillstrom (DFL) Thomas Hoffman (R) Ilene Holen (R) JoAnn Holt (R) Marian Horning (DFL) Jill Horowitz (DFL) Bob Houlton (R) William G. Hulwi (R) Mary Lou Janco (DFL) Ray Johnson (DFL) Elaine Kaibel (DFL) Danette Kamrath (R) Olga Kelash (DFL) June King (R) Emil Sherwood Koebnick (DFL) Shirley Elaine Koebnick (DFL) Rosemary Koelln (R) Earl Kommerstad (R) Joseph Kovach (DFL) Lois Kovach (DFL) Andrew Kovalik (DFL) Robert Kraus (DFL) Michaeline Kvaale (R) Bernadette Lais (R) Dorothy Lace (DFL) Doris Liedtke (DFL) Jeanette Lofstrom (DFL) Stanley Lunderby (R) Carolyn Moe (DFL) Jerad Morey (Ind) Monica Ann Mullerleile (DFL) Marilyn Nienkerk (DFL) Mark Obinger (R) Mark Pafiolis (DFL) Barbara Peterson (DFL) Martha Prottengeier (R) Harriet Ring (DFL) Gladie Rudy (DFL) Joann Schuldt (Ind) Janice L. Smith (DFL) Pat Steffer (DFL) Jason Stroth (R) Marion Thompson (Ind) Deborah Tonn (R) Kathryn Voigt- Johnson (DFL) Pearl Weitbrecht (DFL) Ralph E. Anderson (R) Marie Dallager (D) Bernt Houghland (R) Evelyn E. Johnstone (R) Rebecca Lowden (R) Martha E. Obenchain (D) Marjorie Oswald (R) Jerome Rollay (R) Lorraine Schanzenbach (R) 2000. Pauline Leighton (DFL) Nancy Lindberg (DFL) Dorothy B. Lowe (R) Lorraine Maki (DFL) Patricia Medley (DFL) Janice Moore (DFL) Richard Morey (DFL) James Niemackl (R) James Obbink (R) Robert O. Olson (R) Ruth Pafko (DFL) "He1en'`Peterson (DFL) Eleanor Rasmusson (DFL) Ward Ring (R) Donald Solt (DFL) Judy Schultz (R) Suzanne Sower (R) William Stixrud (DFL) Charlene Swanell (DFL) Claire Todd (DFL) Bernice Utter (DFL) Claire Larson (R) Evelyn Kae Baldwin (D) H. Duane Edberg (R) Jerold E. Huntington (R) Mary Ellen Judge (R) Ann Lutz (R) Janett E. Oldowski (D) Allan R. Parker (R) Loretta J. Root (D) Kenneth L. Vevea (R) Susan Lewis (R) Jeanne Lindstrom (R) Norton W. Lund (R) Cynthia Mandl (DFL) Donna Mercer (DFL) Doug Morey (DFL) Abner Morvig (DFL) Tom Niemackl (R) Lee Ohnesorge (DFL) Fern Oreck (DFL) Dorothy A. Peabody (R) Marilyn Peterson (DFL) Carolyn Ring (R) Russ Rooney (R) Dean Schletty (R) William Sharkey (R) Mavis Spernick (R) Geraldine Stoffel (R) Mary Swanson (DFL) Pat Toney (R) Maria Winters (DFL) Jerad Morey (Ind) Robert M. Doebler (R) Sheila Fitzgerald (D) Marilyn Jackola - Roetman (D) Doris Long (R) Eleanor Maanum (R) Joan Olinger (R) Ila J. Rasmussen (D) Worthy Roy (D) PASSED by the City Council of Richfield, Minnesota this 13th day of November, ATTEST: Deborah J. Guiher, Deputy City Clerk Martin J. Kirsch, Mayor as of 4:14 PM 11/9/2000 City of Richfield November 7, 2000 General Election Unofficial Results Precinct Total % 1 2 3 4 5 6 7 8 9 RICHFIELD CITY COUNCIL Richfield City Council Member - Ward 1 Deb Nordmarken 2183 42.4% - - 831 809 543 - - - - Susan Rosenberg 2945 57.2% - - 1181 1018 746 - - - - Write In Candidates 24 0.5% - - 11 13 - - - - Richfield City Council Member - Ward 2 Gertrude Ulrich 2737 50.1% - 960 - - - 799 978 - - Larry Wozniczka 2698 49.4% - 935 - - - 635 1128 - - Write In Candidates 26 0.5% - 11 - - - 10 5 - - Richfield City Council Member - Ward 3 John Enger 2165 52.7% 610 - - - - - - 801 754 Connie McDonald 1898 46.2% 637 - - - - - - 668 593 Write In Candidates 43 1.0% 19 - - - - - - 17 7 ELECTION TURNOUT Persons Voting at Precinct 16194 1431 2094 2170 2026 1494 1540 2287 1615 1537 + Absentee Ballots 1708 124 331 263 167 83 184 213 241 102 Total Voting 17902 1555 2425 2433 2193 1577 1724 2500 1856 1639 r • • AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING NOVEMBER 139 2000 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: Iii PUBLIC HEARING 8 - 287 MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading regarding consideration of an ordinance relating to proposed improvements and studies in 2001 for possible future improvements for the City of Richfield. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: table to December 11, 2000 approval of a transitory ordinance to authorize, in 2001, recreation and open space capital improvements, right -of -way improvements, public facility capital improvements, and studies for ible future capital improvements. II. BACKGROUND Public hearings for proposed capital improvements have previously been held in conjunction with Truth in Taxation hearings. Council has approved a process that now provides an earlier opportunity for public input on the Capital Improvement Budget. The proposed transitory ordinance is as comprehensive as is possible at this time to provide the public with an opportunity to comment on improvements scheduled or pending in 2001. As each project comes before the Council for consideration, there is an additional opportunity for Council to comment and take action. 1113CIBhearing • I III. BASIS OF RECOMMENDATION A. POLICY A Charter provision mandating an ordinance to authorize certain City projects over $500,000, or with design and /or engineering fees over $75,000, took effect on July 21, 1998. Notice of the November 13, 2000 public hearing and second reading was published in the Richfield Sun - Current on October 25, November 1 and November 8, 2000. Additional notice was provided by an announcement in the November Your City. A public open house from 5:00 p.m. to 6:45 p.m. on November 13, 2000 preceded the public hearing. At the open house maps and brief project descriptions were available and City staff was present to answer any questions from residents. Residents will also be encouraged to submit their comments in writing or orally to City staff by November 20, 2000. As a result, approval of a transitory ordinance for the 2001 Capital Budget will be considered in conjunction with other budgetary actions on December 11, 2000. A new funding source is included in this year's Capital Budget. For the first time the Public Utility Commission is planning to allow cities to recover their costs for undergrounding utilities through a fee on electrical utility ratepayers. B. CRITICAL ISSUES It is the desire of the City to provide the public with an opportunity to comment in a timely manner on proposed improvements scheduled or pending in 2001. Preparation and execution of Capital Budgets and Capital Improvement Programs are an on -going process. Public input and comment adds definition and clarification to the process. Early consideration enhances the City's chances when applying for certain federal grant programs where Council approval of the Capital Improvements Budget is a requirement. C. FINANCIAL As noted on the attached summary of proposed 2001 capital improvements and studies, there are a variety of funding sources. D. LEGAL The City Attorney will be available to discuss the Charter provision. IV. ALTERNATIVE RECOMMENDATION(S) • Council may request additional information prior to final consideration of a transitory ordinance. If this option is chosen, the Council should identify the specific additional information requested. Council may decide that each improvement or proposed improvement must have its own public hearing and transitory ordinance. A public hearing on each individual improvement or study may add 60 to 90 days to the approval process needed before a project can be built. V. ATTACHMENTS Proposed transitory ordinance approving certain improvement projects pursuant to Richfield City Charter Section 8.04, including summary list of proposed 2001 capital improvement projects and studies related to possible future improvement projects. Notices published in the Richfield Sun- Current and Your City. VI. PRINCIPAL PARTIES EXPECTED AT MEETING None. CJ 0 TRANSITORY ORDINANCE NO. AN ORDINANCE APPROVING CERTAIN 2001 IMPROVEMENT PROJECTS PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings. 1.01 Section 8.04 of the'-Richfield City Charter requires that any capital improvement on City -owned property that has an estimated cost exceeding $500,000 or expenditures for design or engineering costs exceeding $75,000 must be approved by ordinance after a public hearing. • The City's Department of Public Works has identified capital improvement projects to be constructed in the year 2001. Each project requiring a public hearing to meet the Charter requirement is identified on the attached Exhibit A, together with the location of the project, and the estimated total cost of the project. Other improvement projects not requiring a public hearing to meet the Charter requirement but to be constructed in the year 2001 are identified on the attached Exhibit B, together with the location of the project and the estimated total cost of the project. The projects identified in Exhibit B do not require a public hearing under the Charter either because the engineering /design or construction costs are below the amounts stated in the Charter or because the projects are not being built on property owned in fee by the City. 1.02 The estimated costs for each of the capital improvement projects listed on the attached Exhibit A and Exhibit B include estimated costs for land acquisition, design, engineering, and /or construction. 1.03 The four projects listed on the attached Exhibit A have design and engineering and /or construction costs that exceed the amounts specified in Section 8.04 of the Richfield City Charter. 1.03 A public hearing was held on November 13, 2000 after due notice as required by Section 8.05 of the Richfield City Charter. 1.04 The Council finds and determines that it is in the best interests of the City and its inhabitants that these capital improvement projects be approved. 0 Section 2. Approval, effective date. 2.01 The listed capital improvement projects are approved, and land acquisition, planning, design, and /or construction for and of these projects may proceed according to the procedures required by law. 2.02 The purpose of this Ordinance is to comply with the requirements of Section 8.04 of the Richfield City Charter and to provide additional notice to Richfield residents regarding other capital improvement projects that are not governed by said Section 8.04. This Ordinance shall not be construed to require that the City proceed with the capital improvement projects; nor does it vest any rights in the listed capital improvement projects to any individual or entity. The City Council reserves the right to abandon any or all of the listed capital improvement projects or to modify elements of the listed capital improvement projects, if the Council deems abandonment or modification to be in the public interest. The funding sources listed in the attached Exhibit A and Exhibit B are for informational purposes only; the City Council reserves the right to finance such projects with other or additional funding sources, in accordance with applicable law. 2.03 This ordinance is effective the day following its publication. Passed by the City Council of the City of Richfield, Minnesota this • day of , 2000. ATTEST: Deborah J. Guiher, Deputy City Clerk Martin J. Kirsch, Mayor EXHIBIT A 0 PROPOSED 2001 CAPITAL IMPROVEMENT PROJECTS AND STUDIES RELATED TO POSSIBLE FUTURE IMPROVEMENT PROJECTS REQUIRING PUBLIC HEARING RELATED TO CHARTER PROVISION Improvement/Study Title Location Funding Source(s) Est. Total Cost 1. City Maintenance Facility * User Fees $1,050,000 East side of Highway 77 at 66th Street (Total Cost $7,000,000) 2. Public Safety 800 MHz Radio System * Police & Fire Fund $500,000 6700 Portland Avenue 3. Airport Service Pipe * User Fees $650,000 From Water Plant at 6221 Portland to Metropolitan MAC $650,000 Airports Commission in vicinity of 66th Street and Highway 77 4. Richfield Lake Area Stormwater Retention Pond MnDOT $800,000 Approximately bounded by 65th Street, Emerson User Fees $50,000 Avenue, Mildred Drive and Aldrich Avenue * 2001 Proposed Capital Improvement Budget • • • • EXHIBIT B PROPOSED 2001 CAPITAL IMPROVEMENT PROJECTS AND STUDIES RELATED TO POSSIBLE FUTURE IMPROVEMENT PROJECTS (NO PUBLIC HEARING REQUIRED RELATED TO CHARTER PROVISION) Improvement/Study Title Funding Source(s) Est. Total Location Cost 1. Park Shelter Replacement- Monroe /Fairwood Parks * Special Revenue $175,000 6710 Irving Avenue & 6700 Logan Avenue 2. Community Center Room Dividers * Special Revenue $25,000 7000 Nicollet Avenue 3. Community Center Carpet/Paint/Repair * Special Revenue $30,000 7000 Nicollet Avenue 4. City Owned Parking Lots - Replace * Special Revenue $120,000 Donaldson Park 7400 Irving Avenue Community Center 7000 Nicollet Avenue Wood Lake Nature Center 6710 Lake Shore Drive Taft Park 6200 -18th Avenue 5. Park Maintenance * Special Revenue $100,000 Augsburg Park 7145 Wentworth Avenue Christian Park 6900 Bloomington Avenue Jefferson Park 6700 Thomas Avenue Taft Park 6300 -18th Avenue 6. Ice Arena Second Sheet Repayment * Special Revenue $75,000 636 East 66th Street 7. Ice Arena Air Conditioning * Special Revenue $25,000 636 East 66th Street 8. Widen 76th Street * Municipal State Aid $3,700,000 I -35W to Penn Avenue 9. Reconstruct 66th Street interchange at Highway 77 * Federal Grant $3,680,000 State Grant $2,520,000 Municipal State Aid $100,000 10. Replace Penn Avenue bridge over 1 -494 * State Grant $1,800,000 State Loan $6,700,000 HRA $7,000,000 Best Buy Loan $7,000,000 1.1. County Road enhancements (move sidewalks away Hennepin County $125,000 from curb /underground utilities) * Municipal State Aid $25,000 North side of 66th Street between 11th Avenue to NSP ratepayers $100,000 Swimming Pool /Portland Avenue, east side of Portland Avenue between the Water Treatment Plant and the American Legion Club • • 12. Emergency Police /Fire Generator * Police & Fire Fund $175,000 6700 Portland Avenue Special Revenue $75,000 13. Water Plant Parking Lot * User Fees $85,000 6221 Portland Avenue 14. Reconstruct 7600 block of Lyndale Avenue HRA $500,000 Municipal State Aid $300,000 15. 77th Street - Phase III - Underpass at Highway 77 Federal Highway Grant $12,464,368 17th-Avenue to 24th Avenue State Highway Grant $2,327,546 Municipal State Sid $788,546 16. 35W/62 Crosstown Commons - Aesthetic Design, Municipal State Aid $200,000 Traffic Signals, Watermains State Highway Grant $50,000 * 2001 Proposed Capital Improvement Budget � 1 zM"�g • City of Richfield (Official Publication) CITY OF RICHFIELD Public Hearing Notice J REGARDING: Public hearing and second reading of an ordinance to consider oral and written testimony concerning the proposed 2001 Capital Improvement Budget projects, pursuant to section 8.04 of the Richfield City Charter. WREN: Monday, November 13; 2000 11. County Road enhancements (move sidewalks 7:00 p.m. $125,000 _ WHERE: Municipal State Aid Richfield City Hall - Council Chambers - North side of 66th Street between lfth Avenue 6700 Portland Avenue South $100,000 MORE DHFORMATION: Section 8.04 of the Richfield City Charter requires that any capital improvement on City -owned property that has an esti- mated coat exceeding $500,000 or expenditures for design or engineering costa exceeding $75,000 must be approved by or- dinance after a public hearing. Each project requiring a public hearingto meet the Charter requirement is identified below, together with the location of the project, and the estimated total cost of the project. - Plant and the American Legion Club . Improvement/Study Title Funding Source(s) Est. Total Cost Location 1. City Maintenance Facility User Fees $1,050,000 East side of Highway 77 at 66th Street - - 6700 Portland Avenue (Total Cost $7,000,000) $75,000 2. Public Safety 800 MHz Radio System Police & Fire Fund $500,000 6700 Portland Avenue - 6221 Portland Avenue 3, Airport Service Pipe User Fees $650,000 From Water Plant at 6221 Portland to MAC $650,000 Metropolitan Airports Commission in vicinity 15. 77th Street - Phase HI - Underpass at of 66th Street and Highway 77 $12,464,368 4. Richfield Lake Area Stormweter Retention Food MnDOT $800,000 - Approximately bounded by 66th Street, User Fees $60,000 Emerson Avenue, Mildred Drive and Altinch Avenue ; Other improvement proects not requiring a public hearing to meet the Charter requirement but to be constructed in the year 2001 db below, together d nose o ed on of the eject and the estimated total cost of the project. The de-. ari iid Traffic Signals, Watermaim - Impxovemmt/$tudy Title Funding Souroe(s) Est Total Cod Location HOW TOCOMMENT, Attend the hearing and you will be heard or submit written comments. Residents are encouraged toonbmit comments in - 1. Park Shelter Replacement - Monroe/ Fanwood Park Special Revenue $176,000 6710 Irving Avenue & 6700 Logan Avenue . 2. Community Center Room Dividers Special Revenue 7000 Nimllet Avenue .. AUXILIARYAIDS FOR INDIVIDUALS WITH DISABn =S ARE AVAILABLE UPON REQUEST REQUESTSMUST 3. mNC AR v nuo $30,000 A v - 4. City Owned Parting Lob - Replace .. Special Revenue _ $120,000 Donaldson Park 7400 Irving Avenue Community Center - 7000 Nicollet Avenue Wood Lake Nature Center - .. 6710 Lake Shore Drive Taft Park 6200 -18th Avenue -. 5. Park Maintenance - Special Revenue $160,000 - Augsburg Park . 7145- Wentworth Avenue Christian Park - - - 6900 Bloomington Avenue Jefferaon Perk 6700 Thomas Avenue Taft Park . - 6300 -18th Avenue 6. Ice Arena Second Sheet Repayment Special Revenue - $75,000 636 East 66th Street - - 7. Ice Arena Air Conditioning Special Revenue $26;000 636 East 66th Street S. Widen 76th Street Municipal State Aid - $3,700,000 I -35W to Penn Avenue 9. Reconstruct 66th Street Interchange Federal Grant $3,680,000 at Highway 77 State Grant $2,520,000 Municipal State Aid $100,000 10. Replace Penn Avenue bridge over I-494 .State Grant _ - $1,800,000 State Loan ' - HRA - $6,700,000 $7,000,000 .. Beet Buy Loan $7,000,000 _ 11. County Road enhancements (move sidewalks Hennepin County $125,000 _ away front curb/underground utilities) Municipal State Aid $25,000 North side of 66th Street between lfth Avenue NSP ratepayers $100,000 to Swimming Pool/Portland Avenue, east side of Portland Avenue between the Water Treatment - Plant and the American Legion Club -. 12. Emergency PolicelFire Generator Police & Fire Fund $175,000 - - 6700 Portland Avenue Special Revenue - $75,000 13. Water Plant Parking Lot User Fees $85,000 - 6221 Portland Avenue 14. Reconstruct 7600 block of Lyndale Avenue HRA Municipal State Aid -: $500,000 $300,000 15. 77th Street - Phase HI - Underpass at Federal Highway Grant - $12,464,368 Highway 77 State Highway Grant . $2 27,646 17th Avenue to 24th Avenue Municipal State Aid $788,546 .. 16.35W/62 Crosstown Commons- Aesthetic Design, Municipal State Aid $200,000 4601000 Traffic Signals, Watermaim - State Highway Grant -. .. QUESTION& Question, may be submitted toT1ansportation Engiaeer Tom Foley at 612-861-9791,6700 Portland Avenue, Richfield, MN .55423. ,. HOW TOCOMMENT, Attend the hearing and you will be heard or submit written comments. Residents are encouraged toonbmit comments in - -. writing or orally to City staff by November 20, 2000. - STEVEN L.DEVICH - . Acting City Clerk .. AUXILIARYAIDS FOR INDIVIDUALS WITH DISABn =S ARE AVAILABLE UPON REQUEST REQUESTSMUST BE MADE AT LEAST 96 HOURS IN ADVANCE TO THE ADMINISTRATIVE SERVICES DIRECTOR AT 861 -9702. (October 25, November I& 8, 2000)D21Cap Imp RICHFIELD 0 November 2000 CAPITAL IMPROVEMENT BUDGET OPEN HOUSE MONDAY, NOVEMBER 13 The public is invited to comment on the proposed 2001 Capital Improvement Budget at an open house on Monday, November 13, 5 p.m. to 6:45 p.m., at Richfield City Hall, 6700 Portland Avenue. Maps and brief project descriptions will be provided at the open house and City staff will be on hand to answer any questions. A public hearing for the proposed 2001 Capital Improvement Budget will be held as part of the City Council's meeting on November 13 at 7 p.m. Residents are encouraged to submit written or verbal comments on the budget to City staff by November 20. The City Council will consider adoption of a 2001 Capital Improvement Program at the December 11 Council meeting. Capital improvement projects under consideration include, but are not limited to: • City Maintenance Facility; • Public Safety 800 MHz radio system; • Water service pipe to the airport; • Richfield Lake area stormwater retention pond; • Replacement of a park shelter in Fairwood/Monroe Park; • Replacing parking lots at Donaldson Park, Taft Park, Community Center and Nature Center; • Park maintenance items at Augsburg Park, Christian Park, Jefferson Park and Taft Park; • Widening of 76th Street from 1 -35W to Penn Avenue, including Penn Avenue from 76th Street to 77th Street and the west ramp of 1 -35W at 76th Street; • Reconstruction of the 66th Street interchange at Highway 77; • Replacement of the Penn Avenue bridge over 1 -494; Moving sidewalks away from curb and putting utilities underground on 66th Street and on Portland Avenue in Veterans Memorial Park;. • Reconstruction of the 7600 block of Lyndale; • 77th Street underpass of Highway 77; and • Reconstruction of the 1 -35W /Crosstown Commons north of 66th Street. Direct questions and comments to Tom Foley, Public Works Department, 6700 Portland Avenue, 612- 861 -9791. •3• 0 • J AGENDA SECTION: Pahl i r Henri ngs AGENDA ITEM # 7 REPORT # 286 STAFF REPORT CITY COUNCIL MEETING NOVEMBER 139 2000 REPORT PREPARED BY: SID INMAN AND REBECCA KURTZ EiILERS & ASSOCIATES, INC. NAME, TITLE REPORT PRESENTER: BRUCE PALMBORG COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY EXECUTIVE DIRECTOR: U ITEM FOR COUNCIL CONSIDERATION: Continue public hearing to November 27, 2000 for approval of a resolution modifying the Redevelopment Plan for the Richfield Redevelopment Project Area and modifying the Gramercy Tax Increment, Financing Plan, Urban Village Tax Increment Financing Plan, Richfield Rediscovered 1999 Tax Increment Financing Plan, A -5 Tax Increment Financing Plan. and B -5 Tax Increment Financing Plan. L RECOMMENDED ACTION: By Motion: Continue public hearing to November 27, 2000 for approval of a resolution modifying the Redevelopment Plan for the Richfield Redevelopment Project Area and modifying the Gramercy Tax Increment Financing Plan, Urban Village Tax Increment Financing Plan, Richfield Rediscovered 1999 Tax Increment Financing Plan, A -5 Tax Increment Financing Plan, and B -5 Tax Increment Financing Plan. III. BACKGROUND I Notice for public hearing was inadvertently directed by Sun Current to be published in the Edina Sun Current rather than the Richfield Sun Current. The notice will be re -sent to the Sun Current for publication in the Richfield Sun Current to meet 1113redev mods proper notification requirements. Therefore continuation of the public hearing is requested III. BASIS OF RECOMMENDATION A. POLICY N/A B. CRITICAL ISSUES • Notification in the,. designated .newspaper is.required. Mailed notices had been sent to other affected bodies such as the school board and county. C. FINANCIAL • N/A D. LEGAL • The notice will be published in the Richfield Sun Current to meet notification requirements for the Council meeting on November 27, 2000. IV. ALTERNATIVE RECOMMENDATION(S) 40 • Do not continue the public hearing. V. ATTACHMENTS N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING N/A r • • n AGENDA SECTION: Public Hearings AGENDA ITEM # 6 REPORT # 285 �- STAFF REPORT CITY COUNCIL MEETING NOVEMBER 139 2000 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: IT, JULIE URBAN, PLANNING & ZONING ADMINISTRATOR VAk,H, TITLE BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NA&E, TITLE ITEM FOR COUNCIL CONSIDERATION: Continue public hearing and second reading of a transitory ordinance adopting the City's Comprehensive Plan with an amendment to the Guide Plan and changing the designation of property in the Interchange West area from R -SFH (high density single family residential) and C -N (neiahborhood commercial) to C -R /O (regional commercial /office). L RECOMMENDED ACTION: By Motion: Continue public hearing and second reading of a transitory ordinance adopting the City's Comprehensive Plan with an amendment to the Guide Plan and changing the designation of property in the Interchange West area from R -SFH and C -N to C -R/O. III. BACKGROUND I On October 9, 2000, the City Council set the public hearing and second reading of this transitory ordinance for November 13. Notice of the hearing was sent to the Sun Current on October 25 for publication on November 1. The Sun Current mistakenly published the notice in the Edina edition of the paper. It was too late to re- publish the notice in the Richfield edition, which is the official newspaper of the City. The hearing must be continued to the November 27 City Council meeting to allow for the proper notice to.be published. 1113compplan • • III. BASIS OF RECOMMENDATION A. POLICY • N/A B. CRITICAL ISSUES N/A C. FINANCIAL N/A D. LEGAL • It is City policy to publish notice o Comprehensive Plan in the officia the date of the hearing. Because requirement has not been met. f public hearings related to the I- newspaper at least 10 days before of an error by the Sun Current, this IV. ALTERNATIVE RECOMMENDATION(S) Continue the public hearing to a different date. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A 0 • AGENDA SECTION: Consent AGENDA ITEM # 5J REPORT # 284 J STAFF REPORT CITY COUNCIL MEETING NOVEMBER 139 2000 BETSY CmusTENSEN, ADMINISTRATIVE REPORT PREPARED BY: SUPPORT SERVICES MANAGER NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME TITLE DEPARTMENT DIRECTOR REVIEW: is I Z ) SO SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Set date for the public hearing to consider the renewal of pawnbroker and secondhand goods dealer licenses for 2001 for Metro Pawn and Gun, Inc. and Plaza Pawn. I. RECOMMENDED ACTION: By Motion: Approve a public hearing to be held December 11, 2000, for the renewal of pawnbroker and secondhand goods dealer licenses for Metro Pawn and Gun, Inc. and Plaza Pawn. II. BACKGROUND The pawnbroker and secondhand goods dealer licenses will expire on January 1, 2001. Hearings must be scheduled and held before a renewal license may be considered. The renewal process has been initiated. Holding the public hearing on December 11, 2000 will provide ample time to complete the licensing process before January 1, 2001. 1113PawnLicenses 0 �II. BASIS OF RECOMMENDATION A. POLICY City ordinance provides that the City Council conducts a public hearing to consider all pawnbroker and secondhand goods dealer license renewals. B. CRITICAL ISSUES N/A C. FINANCIAL N/A D. LEGAL N/A IV. ALTERNATIVE RECOMMENDATIONS) Schedule the hearing for another date; however, this may delay the licensing process. V. ATTACHMENTS None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A U • • i AGENDA SECTION: Consent AGENDA ITEM # 51 REPORT # 283 STAFF REPORT =090 CITY COUNCIL MEETING NOVEMBER 139 2000 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: 10 REVIEWED BY CITY MANAGER: Er BETSY CHRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Set date for the public hearing to consider the renewal of on -sale wine and on -sale 3.2 percent malt liquor licenses for 2001 for Thompson's Fireside Pizza, Red Pepper Chinese Restaurant, Ketsana's Thai Restaurant and The Frenchmans. I. RECOMMENDED ACTION: By Motion: Approve a public hearing to be held December 11, 2000, for the renewal of on -sale wine and on -sale 3.2 percent malt liquor licenses for 2001 for Thompson's Fireside Pizza, Red Pepper Chinese Restaurant, Ketsana's Thai Restaurant and The Frenchmans. II BACKGROUND The on -sale wine and on -sale 3.2 percent malt liquor licenses for restaurant establishments will expire on January 1, 2001. Hearings must be scheduled and held before a renewal license may be considered. The renewal process has been initiated. Holding the public hearing on December 11, 2000 will provide ample time to complete the licensing process before January 1, 2001. 11 MineWaltLiquorLicenses 0 III. BASIS OF RECOMMENDATION A. POLICY City ordinance provides that the City Council conduct a public hearing to consider all on -sale wine and on -sale 3.2 percent malt liquor license renewals. B. CRITICAL ISSUES N/A C. FINANCIAL N/A D. LEGAL N/A IV ALTERNATIVE RECOMMENDATIONS) Schedule the hearing for another date; however, this may delay the licensing process. V. ATTACHMENTS None VI. PRINCIPAL PARTIES EXPECTED AT MEETING N/A • • 4) AGENDA SECTION: Consent AGENDA ITEM # _5H REPORT # 282 �- STAFF REPORT CITY COUNCIL MEETING NOVEMBER 139 2000 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: INI 7M I `BETSY CE RISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Set date for the public hearing to consider the renewal of on -sale intoxicating and Sunday liquor licenses for 2001 for: Chi Chi's Mexican Restaurant; The Ground Round; Khan's Mongolian Barbeque; Minneapolis- Richfield American Legion Post 435; Fred Babcock VFW Post No. 5555, d /b /a Four Nickels Food and Drink; Don Pablo's Operating Corporation, d /b /a Don Pablo's; American Dining Corporation, dba Champps Sports Cafe; and Wiltshire Restaurants, LLC, d /b /a Houlihan's Restaurant & Bar. I. RECOMMENDED ACTION: By Motion: Approve a public hearing to be held December 11, 2000, for the renewal of on -sale intoxicating and Sunday liquor licenses for 2001 for: Chi Chi's Mexican Restaurant; The Ground Round; Khan's Mongolian Barbeque; Minneapolis- Richfield American Legion Post 435; Fred Babcock VFW. Post No. 5555, d /b /a Four Nickels Food and Drink; Don Pablo's Operating Corporation, d /b /a Don Pablo's; American Dining Corporation, d /b /a Champps Sports Cafe; and Wiltshire Restaurants, LLC d /b /a Houlihan's Restaurant & Bar. 111 KiquorLicenses • II BACKGROUND The on -sale liquor licenses for restaurant establishments will expire on January 1, 2001. Hearings must be scheduled and held before a renewal license may be considered. The renewal process has been initiated. Holding the public hearing on December 11, 2000 will provide ample time to complete the licensing process before January 1, 2001. III. BASIS OF RECOMMENDATION I A. POLICY City ordinance provides that the City Council conducts a public hearing to consider all liquor license renewals. B. CRITICAL ISSUES N/A C. FINANCIAL N/A D. LEGAL N/A IV ALTERNATIVE RECOMMENDATIONS) Schedule the hearing for another date; however, this may delay the licensing process. V ATTACHMENTS None VI. PRINCIPAL PARTIES EXPECTED AT MEETING N/A is • • • AGENDA SECTION: Consent AGENDA ITEM # 5 G REPORT # 281 STAFF REPORT CITY COUNCIL MEETING NOVEMBER 13, 2000 PAM BOOKHOUT, REPORT PREPARED BY: REHABILITATION SPECIALIST NAME, TITLE. BRUCE PALMBORG, REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing continued participation in the Local Housing Incentive Program under the Metropolitan Council's Livable Communities Act. I. RECOMMENDED ACTION: By Motion: Adopt the resolution authorizing Richfield's continued participation for 2001 in the Local Housing Incentives Account Proaram under the Metropolitan Council's Livable Communities Act. III. BACKGROUND The Livable Communities Act is a 15 -year strategy for communities in the region to develop a more diverse housing stock to cover the variety of housing needs. The Metropolitan Council requires communities to annually renew their resolution to participate in the Local Housing Incentives Program under the Act. Participation keeps Richfield competitive in securing state and regionally distributed funds as they are made available. The goals of a more diverse housing stock for Richfield remain unchanged: 1113livecomm More market -rate new construction and remodeled homes; Development of increased density attached single family homes; A greater variety of apartment choices; and • Affordable housing opportunities through redevelopment projects or through non - profit developers. III. BASIS OF RECOMMENDATION A. POLICY • Program participation and established goals for Richfield remain consistent with community goals. The Metropolitan Council supports these goals. • Participation keeps Richfield competitive in securing state and regional community development resources. B. CRITICAL ISSUES • The Metropolitan Council must be informed of Richfield's plans to participate prior to November 15, 2000 to retain the ability to compete for funding in 2001. C. FINANCIAL • By participating, Richfield has competed for and secured a $575,000 grant from the Metropolitan Council, which was used for apartment remodeling. The Minnesota Housing Finance Agency (MHFA) has provided an additional $566,000 to the Housing and Redevelopment Authority for remodeling programs because of our Livable Communities participation. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Withdraw from participation. • Modify the goals. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING N/A of RESOLUTION NO. RESOLUTION ELECTING CONTINUED PARTICIPATION IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 2001 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the Metropolitan Area defined by Minnesota Statutes Section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable.Communities Demonstration. Account, the Local Housing Incentive Account and the Inclusionary Housing Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund nor eligible to receive certain polluted - site cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan, and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life -cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and . WHEREAS, for calendar year 2001, a metropolitan area municipality that participated in the Local Housing Incentive Account Program during the calendar year 2000, can continue to participate under Minnesota Statutes, Section 473.254 if: (a) the municipality elects to participate in the Local Housing Incentives Program by November 15, 2000; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life -cycle housing goals for the municipality. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield hereby elects to participate in the Local Housing Incentive Program under the Metropolitan Livable Communities Act during the calendar year 2001. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of November 2000. Martin J. Kirsch, Mayor 0 ATTEST: Deborah J. Guiher, Deputy City Clerk is AGENDA SECTION: CONSENT AGENDA ITEM # 5F REPORT # 280 J STAFF REPORT CITY COUNCIL MEETING NOVEMBER 139 2000 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: E REVIEWED BY CITY MANAGER: a GEORGE ATKINSON, ENGINEERING SUPERVISOR NAM$ TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of consultant agreement/work order for additional final design and coordination services related to Lyndale Avenue reconstruction between 77th Street and 76th Street (City Project 401 -30 -672). I. RECOMMENDED ACTION: By Motion: Authorize execution of a work order, in an amount not to exceed $56,070, entering into agreement with URS /BRW, a consulting engineering company, to provide additional final design and coordination services for the reconstruction of the 7600 block of Lvndale Avenue. III. BACKGROUND Reconstruction of Lyndale Avenue from 76th Street south across 1 -494 and into Bloomington, including replacement of the Lyndale Avenue bridge and the addition of a second left turn lane from north bound Lyndale to west bound 77th Street, has been in the Capital Improvement Program for several years. Previous authorization to URS /BRW has been made for services including field survey, cost estimates, preliminary layout of Lyndale Avenue, and preliminary and final design services. 1113BRWIyndale The redevelopment of both sides of the 7600 block of Lyndale Avenue has made it necessary for the City to request additional services to address changes resulting from ion -going coordination issues with the adjacent developments and additional as -built information gathering required for design and project scope modifications. The requested authorization would allow URS /BRW to design and draft plans and specifications for the reconstruction of the 7600 block of Lyndale Avenue. Construction will be coordinated to tie into the Lyndale Avenue bridge replacement project. III. BASIS OF RECOMMENDATION A. POLICY • Richfield has worked at great length to provide the necessary infrastructure to accommodate new development within the City. • URS /BRW is one of the engineering consulting firms with a master agreement with the City. This proposed agreement, based on the master agreement, requires Council action because the amount exceeds $50,000. • The City Charter does not require a public hearing for this consultant agreement because the planned improvement lies within the right -of -way of Lyndale Avenue. B. CRITICAL ISSUES • Developers of the 7600 block of Lyndale Avenue will need a new street to serve their tenants. C. FINANCIAL • No right of way costs are anticipated under this project. Construction and related costs will be paid from Richfield's Municipal State Aid (MSA) construction account (gas tax proceeds). The MSA account will fund the cost of the consultant agreement. D. LEGAL • No legal issues are apparent at this time. IV. ALTERNATIVE RECOMMENDATION(S) • Council could direct staff to hire another firm to do this work; however, URS /BRW has already begun work on this project. • Council could direct staff not to proceed with this project; however, this project is a critical link in the redevelopment of the Lyndale Gateway area, replacement of the Lyndale Avenue bridge and, ultimately, the addition of new lanes to 1 -494. V. ATTACHMENTS • Proposed work order. • Map showing improvements on 76th Street. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. This is Exhibit A, consisting of 8 pages, referred to in the Agreement between OWNER and ENGINEER for Professional Services. Initials: OWNER ENGINEER _ Work Order Form WORK ORDER NO. 21 Authorization to proceed and site - specific scope of services Project: Lyndale Avenue Reconstruction (C.P. 401 -30 -672) Location: 77th Street to 76th Street We transmit the following information for your use: URSBRW proposal dated October 23 2000 We hereby authorize you to proceed with the following phases of services for the above - referenced Project and location in accordance with the agreement between OWNER and ENGINEER dated December 28, 1999 Additional (supplemental to WO 13 and WO 19) final design and coordination services (engineering design and urban design) including but not limited to, developer coordination, traffic signal work, phasing modifications to construction plans and preparation of Garfield Avenue proiect documents. Work Order No. 21 does not include construction services. Payment shall be on the basis of (select from the following): ❑ Cost Plus Fee: Direct Salary Cost times audited overhead plus fee of _ percent and reimbursable expenses. ❑ Cost Plus Fixed Fee: As for Cost Plus Fee, however total Fee shall not exceed ❑ Lump. Sum: One sum payable by percent of completion of the Services (plus reimbursable expenses). ❑ Cost Times a Factor: Direct Salary Cost times a factor of , plus reimbursable expenses. Standard Hourly Billing Rates: Hourly rates plus reimbursable expenses. The Not to Exceed Limit for this Work Order is: $56.070.00 A Construction Cost Limit of is agreed upon between OWNER and ENGINEER for this Project. ENGINEER: OWNER: URSBRW, INC. CITY OF RICHFIELD Signed: Its: — Signed: Its: Dated: Signed: Its: Signed: Its: Dated: 0 URS BRW, Inc. October 23, 2000 Mr. Michael J. Eastling, PE Director of Public Works City of Richfield 6700 Portland Avenue South Richfield, MN 55423 RE: Lyndale Avenue Reconstruction Project - 770, Street to 76`h Street City Project 401 -30 -672 Transmittal for Additional Final Design Services Proposal Dear Mr. Eastling: Please find enclosed a proposal for additional design and coordination services for the Lyndale Avenue Reconstruction Project — 77th Street to 76ffi Street. These additional services have been requested by City staff to address changes during the completion of the project resulting from on -going coordination issues with the adjacent developments, additional as -built information gathering required for design and project scope modifications. We are providing the following summary for your information: Scope of Services W.O. No. 13 Field Survey, Cost Estimates, and Preliminary Layout of Lyndale Avenue W.O. No. 19 Preliminary and Final Design Services Total: Additional Services Additional Coordination and Design Services (per Enclosed Proposal) New Proposed Total: Not to Exceed Invoiced Amount to Date $10,000.00 $10,000.00 $132,020.00 $131,882.85 $142,020.00 $141,882.85 $56,070.00 $0.00 $198,090.00 $141,882.85 Due to the critical nature of a number of the additional services included with the enclosed proposal, URS/ BRW has completed additional services to date prior to the approval of the additional services work order. Additional services completed to date include additional developer coordination, traffic signal investigation work, phasing modifications to the construction plans and the preparation of the Garfield Avenue project documents as noted in the enclosure. We will submit an invoice for the additional services completed to date after approval of the additional services proposal. Thresher Square 700 Third Street South Minneapolis, MN 55415 612.370.0700 Tel 612.370.1378 Fax URS BRW, Inc. Mr. Michael J. Eastling, PE October 23, 2000 Page 2 We appreciate the opportunity to work with you on this project. Please call me at (612) 373 -6404 if you have any questions. Sincerely, URS/ BRW, INC. f%e + 4& 6-4 � — Michele Jackson Caron, PE Associate Enclosures c: George Atkinson, City of Richfield Gary Ehret, URSBRW Tom Harrington, URSBRW Penny Lohse, URSBRW File 33897 031 1001 r.\ie- docsUnjc\41400.doc . • URS BRW, Inc. October 23, 2000 Mr. Michael J. Eastling, PE Director of Public Works City of Richfield 6700 Portland Avenue South Richfield, MN 55423 RE: Lyndale Avenue Reconstruction Project— 77h Street to 76`h Street City Project 401 -30 -672 Proposal for Additional Final Design Services Dear Mr. Eastling: URS/ BRW, Inc. is pleased to provide a proposal for additional survey and design services for the Lyndale Avenue project located in Richfield, Minnesota. These additional services have been requested by City staff to address changes during the completion of the project resulting from on -going coordination issues with the adjacent developments, additional as -built information gathering required for design and project scope modifications. Based on discussions held during recent meetings at the City of Richfield, the following proposed scope of work and fee estimate for additional services is provided. SCOPE OF WORK TASK 1.0 ADDITIONAL ENGINEERING DESIGN SERVICES Task 1.1 Additional Developer Coordination URS/ BRW will provide additional assistance with the development of the properties along Lyndale Avenue, 77th Street and 76th Street in order to ensure that the proposed private improvements are coordinated with the project. URS/ BRW will provide design assistance to include attendance at meetings to discuss proposed modifications to the public improvements as requested by the Developer. Additional field survey services will be provided to update existing conditions within the_Lyndale Avenue and 77h Street corridors and to confirm location of new building. On -going construction phasing coordination will be provided to ensure that the Developer's improvements and schedule are consistent with the Lyndale Avenue scope of work and are shown accurately on the final design plans. Task 1.2 Additional Traffic Signal Design Services URS/ BRW will investigate the configuration and condition of the existing signal system at the intersection of Lyndale Avenue and 77h Street as needed because of modifications made to the system in the field after completion of the 77`h Street construction project. We will coordinate with the original designer of the signal system modifications along 77h Street and provide engineering and field survey services as necessary to locate and identify signal system facilities to include the configuration of wiring. URS/ BRW will investigate the configuration and condition of the existing signal system at the intersection of Lyndale Avenue and 76`s Street to supplement Thresher Square 700 Third Street South Minneapolis, MN 55415 612.370.0700 Tel 612.370.1378 Fax URS BRW, Inc. Mr. Michael J. Eastling, PE October 23, 2000 Page 2 information available on the as -built drawings.. Based on the condition of the existing system facilities, additional design services will be provided for the replacement of facilities to include handholes and re -wiring as necessary. Task 1.3 Preparation of Construction Documents for Garfield Avenue URS/ BRW will prepare a separate construction plan set and project manual for the Garfield Avenue Improvements project to be bid and constructed in the year 2000. Bidding assistance is included in this task to include distribution of construction documents, response to questions from Contractors, attendance at the bid opening, and attendance at the preconstruction meeting. Task 1.4 Modification of Plans for Year 2001 Construction Construction documents will be modified to address construction of the proposed improvements along Lyndale Avenue in the year 2001. Traffic Control and Phasing Plans will be modified to show the Garfield Avenue Improvements as existing construction. Task 1.5 Removal of Proposed 7e Street and 77`h Street improvements from Plans • URS/ BRW will revise the construction plans and project manual to remove the items included within the 76`b Street scope of work and proposed right turn lane on 77"' Street included with the plans at the time of scope modification. Traffic Control and Phasing plans will be redesigned and modified to accommodate the revised scope of work. Traffic Signal plans will be modified to inccude only the improvements required for the Lyndale Avenue construction. The statement of estimated quantities plan sheet will be modified. Revised cost estimates will be prepared to assist City staff as requested mith modified funding plans. Task 1.6 Additional Meetings and Coordination with City Staff URS/ BRW will attend additional meetings and coordinate with staff to discuss modifications to the construction scope of work and schedule, as impacted by the Developer's construction and other projects within the City. For the purpose of this proposal, four additional meetings are included. Task 2.0 ADDITIONAL URBAN DESIGN SERVICES Task 2.1 Additional Developer Coordination URS/ BRW will provide additional assistance with the development of the properties along Lyndale Avenue, 771' Street and 70h Street in order to ensure that the proposed private improvements are coordinated with the project. URS/ BRW will provide design assistance to include attendance at meetings to discuss design criteria and coordinate limits and schedule of improvements. Specific design issues include types of pavement, banners, lighting components and grading coordination. Also included in this task is more detailed coordination with Metro Transit to • URS • BRW, Inc. Mr. Michael J. Eastling, PE October 23, 2000 Page 3 discuss alternate locations and facilities for the bus stop/ shelter facilities. Task 2.2 Modification of Construction Plans Construction documents will be modified to incorporate the changes in scope of work resulting from the removal of 7e Street and 77h Street roadway improvements and the delay in construction of Lyndale Avenue to the year 2001. Additional sidewalk improvements will be included along a portion of 76`h Street to provide pedestrian connections from the new multifamily housing east of the project. Comments from City maintenance staff regarding proposed median and boulevard improvements will be addressed. The statement of estimated quantities plan sheet will be modified. Revised cost estimates will be prepared to assist City staff as requested with modified funding plans. Bid alternates will be developed for a number of urban design bid items. Task 2.3 Additional Meetings and Coordination with City Staff URS/ BRW will coordinate and attend additional meetings as requested by City staff to discuss design development alternates and modifications to the scope of urban design improvements and schedule. Detailed minutes will be prepared for further coordination and discussions with the Developer. For the purpose of this proposal, four • additional meetings are included. Task 2.4 Additional Monument Design Development Services URS/ BRW will provide design development services to develop additional alternate concepts as requested by City staff during a meeting on October 16, 2000, for the proposed monuments to be located at Lyndale Avenue and 77`s Street. Alternate monument sketches provided by the Developer will be reviewed. Construction plans, details and specifications to include the detailing of planter walls, flagpoles and banners will be developed for the chosen monument alternate. URS/ BRW has not included. structural engineering or the detailing of custom metalwork or highly orate signage -type features as a part of this proposal. This scope of work does not include additional work that may result from a design review by a task force or the City Council, or other extensive rework of the design concepts presented as described above. Task 2.5 Additional Electrical Design Services Cain Ouse will provide additional design services as noted on the enclosed letter to include a number of revisions to the lighting calculations and the development of alternate lighting layouts for consideration. Construction Services This scope of work does not include construction services. A separate proposal and work order will be prepared and submitted to the City after the final design phase of the project is completed. • UFRS . BRW, Inc. Mr. Michael J. Eastling, PE October 23, 2000 Page 4 ADDITIONAL SERVICES URS/ BRW will perform additional services as requested by the City of Richfield in accordance with Section 3.0 of our Agreement. REVISED PROJECT SCHEDULE FOR LYNDALE AVENUE IMPROVEMENTS Preparation of Construction Documents Authorized by City March 2000 Submit Plans to City for Review November 2, 2000 Submit Plans to MnDOT State Aid November 6, 2000 Address MnDOT Comments December/ January 2001 Resubmit Plans to MnDOT January 8, 2001 City Council Approves Plans and Authorizes Ad for Bid January 22, 2001 Advertise for Bid January 31, 2001 Pre -Bid Meeting at City Hall February 7, 2001 Open Bids February 23, 2001 Award Contract March 12, 2001 Begin Construction April 15, 2001 Close Lyndale Avenue May 1, 2001 Complete Construction October, 2001 COMPENSATION URS/ BRW proposes to complete the additional services included in this proposal for the following estimated fees in accordance with the hourly rates by employee classification included in our Agreement and as detailed on the attachment. Engineering fees and urban design fees based on the breakdown of services detailed above will be invoiced separately. URS/ BRW will notify the City if additional services are required and provide an updated cost estimate prior to exceeding the estimated total amount. Expenses shall be billed directly to the City of Richfield. TASK 1 Additional Engineering Design Services $35,980.00 TASK 2 Additional Urban Design Services $20,090.00 Total Estimated Fee for Additional Services $56,070.00 URS BRW, Inc. Mr. Michael J. Eastling, PE October 23, 2000 Page 5 We appreciate the opportunity to work with you on this project. Please call me at (612) 373 -6404 if you have any questions. Sincerely, URS/ BRW, INC. V"& (444� Michele Jackson Caron, PE Associate Enclosures c: George Atkinson, City of Richfield Gary Ehret, URSBRW Tom Harrington, URSBBRW Penny Lohse, URSBRW 0 File 33897 031 1001 Additional Services I UJ 0 CAIN OUSE ASSOCIATES, INC. SEP I BIRCH LAKE PROFESSIONAL BUILDING September 11, 2000 (Revised on September 28, 2000) 1310 EAST HIGHWAY 96 WHITE BEAR LAKE, MN 55110 BRW, Inc. 700 Third Street South Minneapolis, Minnesota 55415 Attn: Thomas Harrington Re: Lyndale. Gateway Associate Project Number 2000 -115 As requested we have reviewed the status of our fees and agreement on this project. In particular this makes reference to your request that we review the status as a function of the extended project schedule and changes that have been considered and/or implemented. As we discussed, this project has required a greater effort than anticipated. For example, we have been asked to redo the lighting calculations several times more than the normally anticipated one or two passes. In a similar manner, several different layouts for lighting assemblies and power outlets have been completed for consideration. The most important factor is that it is nearly impossible to satisfy both the project aesthetic and the project lighting requirements and we have been valiantly trying to do so. These coupled with what we perceive as an extended project schedule have prompted this request. Our fee for this project is $5550.00 to take the project through contract documents and complete submittal review. To date we have used essentially that total fee in hours expended. However, the project is not complete as more revisions are required. As a function of the present situation we request that an additional $2500.00 be added to our fees to allow us to complete and issue the contract documents. This should allow us to satisfactorily complete the project with some flexibility for unknowns. We hope the preceding is sufficient for its intended use. Please call should you require additional information. Sincerely, Cain Ouse Associates, Inc. J J. E. 0 JJC /dlj \\ Compaq\ projects\ Projec6\2000\2000- 115\Doc \GeneratU.T J fee ageement.doc 0 • is FEE ESTIMATE FOR LYNDALE AVENUE - 77TH STREET TO 76TH STREET ADDITIONAL SERVICES WORK ORDER NO. 20 RICHFIELD, MN PREPARED BY: BRW, INC. 24- Oct -00 TITLE ASSOC- CONS II/ I SR TECH TECH III -FIELD I PARTY ;OTAL�] 1.1 Additional Developer Coordination $105.00 1 $65.00 1 $55.00 1 $120.00 $5,420 1.0 ADDITIONAL SERVICES- ENGINEERING DESIGN 1.1 Additional Developer Coordination 20 8 16 16 $5,420 1.2 Traffic Signals Additional Improvements and As -built Locabor 24 12 32 8 $6,020 1.3 Plan Revisions for YR 2001 L ndale Avenue Construction 8 16 24 $3,200 1.4 Prepare Separate Garfield Avenue Project Documents 1.4.1 Construction Plans 8 12 8 $2,060 1.4.2 Project Manual 8 16 1 $1,880 1.4.3 Bidding Assistance 12 8 4 $2,000 1.5 Remove Proposed 76th Street and 77th Street Improvements 1.5.1 Modify Street Improvement Plans to include Traffic Phasinc 12 32 32 $5,100 1.5.2 Modify Traffic Signal Plans 32 48 $6,480 1.5.3 Revise Cost Estimates 4 12 $1,200 1.5.4 Modity Specifications 4 8 $940 1.5.5 Additional Meetings/Coordination with City staff 16 $1,680 1.0 SUBTOTAL - ENGINEERING DESIGN ADDITIONAL SERVI 148 172 116 24 $35,980 2.0 ADDITIONAL SERVICES - URBAN DESIGN 2.1 Additional Developer Coordination 16 4 $1,940 2.2 Modifications to Urban Design Plans 2.2.1 Plan Revisions 20 24 32 $5,420 2.2.2 Revised Cost Estimates 4 8 $940 2.3 Additional Meetings with City staff 20 6 $2,490 2.4 Preliminary and Final Design for Monuments 24 32 40 $6,800 2.5 Additional Street Lighting Design Services Cain Ouse $2,500 2.0 SUBTOTAL -URBAN DESIGN ADDITIONAL SERVICES "1 38 40 0 $20,090 • • pppwp— � REPORT PREPARED BY: REPORT PRESENTER: AGENDA SECTION: Consent AGENDA ITEM # 5E REPORT # 279 STAFF REPORT CITY COUNCIL MEETING NOVEMBER 139 2000 DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: PERRY THORVIG, COMMUNITY DEVELOPMENT SPECIALIST NAME, TITLE BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution establishing just compensation and authorizing the purchase of one single family home located at 6338 -18th Avenue South. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution establishing just compensation and authorizing the purchase 6338 -18th Avenue South. II. BACKGROUND The 2000 Minnesota State Legislature appropriated $5 million for the City of Richfield to purchase residential properties (including all related costs) in the first two blocks west of Trunk Highway 77 (TH 77). The purpose of these purchases is to remove these homes from the extreme low frequency noise that will be caused by the new north -south runway under construction at the airport. Just compensation on the first 24 houses has already been set.. Only one purchase agreement was not accepted. That allows one more property owner to receive a purchase offer. Staff is recommending just compensation in the following amount: 1113justcomp • • Property Address Fair Market Value 6338 -18th Avenue South $138,000 In addition to the above, the property owner may also be eligible for relocation benefits. The relocation benefits will be calculated separately once an offer is made to the property owner in accordance wit the Uniform Relocation Act. Attached is the resolution for your consideration. III. BASIS OF RECOMMENDATION A. POLICY The City Council has identified this property for purchase for the project. The property is within the 87dB contour. Uniform acquisition procedures are being followed. B. CRITICAL ISSUES • An offer will be made to the homeowner upon the Council's approval by representatives of Conworth Inc. on behalf of the City. C. FINANCIAL • The Minnesota Department of Trade and Economic Development (DTED) has reviewed and approved the City of Richfield's application for the $5 million for Richfield. D. LEGAL • Offers will be made contingent on receipt of the grant funds from DTED. IV. ALTERNATIVE RECOMMENDATION(S) • Delay approval of just compensation. • Do not approve just compensation and property acquisition. V. ATTACHMENTS • Resolution establishing just compensation and authorizing the purchase of the property. • Map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF REAL PROPERTY LOCATED AT 6338 -18TH AVENUE SOUTH WHEREAS, the 2000 Minnesota State Legislature authorized the City of Richfield (City) to acquire residential property within two blocks of Trunk Highway 77 and within the 87dB; WHEREAS, within the aforenoted area the following real property is identified for purchase: Lots 10, Block 6 Iverson's Second Addition Hennepin County, Minnesota Together with all abutting streets and alleys, vacated or.to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto; and WHEREAS, upon completion of the application process with the Department of Trade and Economic Development (DTED) funds in the amount of $5 million will become available to the City for the purchase of the real property and related expenses; and WHEREAS, the City has accepted a plan for the purchase of properties along 18th Avenue S. north of 66th Street; and WHEREAS, the City is authorized by Minnesota Statutes to acquire real property within its corporate boundaries; and WHEREAS, the City has caused appraisals for the subject properties to be made by qualified independent professional appraisers to determine fair market value of real estate; and WHEREAS, a qualified review appraiser has certified the appraisal reports as being in conformity with appraisal standards; and WHEREAS, those values are as follows: Property Address Fair Market Value 6338 -18th Avenue South $138,000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the just compensation amount in the table above is approved. 2. That performance . on the offers to purchase and related expenses is subject to receipt by the City of the funds from DTED. 3. That the City's consultant is authorized to present an offer of said amount to the property owner. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of November, 2000. Martin J. Kirsch, Mayor ATTEST: Deborah J. Guiher, Deputy City Clerk Z FZ M-1 UD LEGIS ■ _.. GRAN ��-nv - -- r BE SP St 1 n ., .. u ME d . -. ■ � s�+ ■ � Vii;./ �1 �� rats/ i:� �� • ,. ;!� � ■ - iii _ /. oi, 30 LL M �� Iv L -� ■ „ • %% r.1 Us pal; /i -t �- � �.r.��a� iw■ �r■�arr 1 nm;r.mll MAW • • AGENDA SECTION: Consent AGENDA ITEM # 5D REPORT # 278 STAFF REPORT CITY COUNCIL MEETING NOVEMBER 13, 2000. REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: Ey MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of amendment to 1 -35W Solutions Alliance Joint Powers agreement. I. RECOMMENDED ACTION: By Motion: Adopt the resolution approving the amended and restated 1 -35W Solutions Alliance Joint Powers Agreement. III. BACKGROUND I The 1 -35W Solutions Alliance was formed in 1989 to improve the capacity to move people and goods in the 1 -35W corridor. Numerous improvements have been made on I- 35W including the expansion of High Occupancy Vehicle (HOV) lanes, the study of high speed buses, improvements from 1 -494 to the Crosstown Highway 62, the planned rebuilding of the 1 -35W and Crosstown Highway 62 commons, and preliminary work for reconstruction of the 1 -35W/1 -494 interchange. Proposed amendments to the agreement include an extension through December 31, 2010 and reflection of changes that have been made in laws such as the merger of the Metropolitan Transit Commission into the Metropolitan Council and elimination of some committees as previously existed. The work of the group will be conducted through monthly meetings with the Board of Directors representing the cities and counties along 1 -35W. 11 MgWSolutionsAlllance III. BASIS OF RECOMMENDATION A. POLICY • The current 1 -35W Solutions Alliance Joint Powers Agreement expires December 31, 2000 but may be continued upon agreement of all the members. Alliance members include the cities of Apple Valley, Bloomington, Burnsville, Lakeville, Minneapolis, and Richfield; Dakota County; and the Hennepin County Regional Railroad Authority. • The 1 -35W Solutions Alliance acts on behalf of its members promoting balanced transportation funding for transit and highways and bridges. The 1 -35W Solutions Alliance provides a forum for members to unite and present a unified position on most transportation issues affecting the member communities. B. CRITICAL ISSUES • 1 -35W Solutions Alliance members are asked to consider the amended and restated Joint Powers Agreement before .December 31, 2000. C. FINANCIAL • Each member of the 1 -35W Solutions Alliance agrees to contribute each year to general fund of the Solutions Alliance. The annual contribution is determined by a formula approved by the Board and paid by March 1 of each year. Richfield's contribution in 2000 was $2,500. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Council may choose to discontinue membership in the 1-35W. Solutions Alliance. V. ATTACHMENTS • October 24, 2000 letter from Michael Turner, chair of the 1 -35W Solutions Alliance. • Resolution to amend Joint Powers Agreement of the 1 -35W Solutions Alliance. Amended and Restated Joint Powers Agreement Establishing the 1 -35W Solutions Alliance. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 10 RESOLUTION NO. 0 RESOLUTION TO AMEND JOINT POWERS AGREEMENT OF THE 1 -35W SOLUTIONS ALLIANCE WHEREAS, the City of Richfield, Minnesota, is a member of the Joint Powers Agreement creating the 1 -35W Solutions Alliance; and WHEREAS, the Joint Powers Agreement will expire on December 31, 2000, unless the members agree to extend it; and WHEREAS, it is in the best interests of the City of Richfield, the region and the state to continue the work of the 1 -35W Solutions Alliance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota that: • The Amended and Restated Joint Powers Agreement Establishing the 1 -35W Solutions Alliance is hereby approved and adopted. • The City Manager for the City of Richfield is hereby directed to execute the Amended and Restated Joint Powers Agreement Establishing the 1 -35W Solutions Alliance on behalf of the City of Richfield. • The City Clerk is hereby directed to send a certified copy of this resolution and the approved and executed Amended and Restated Joint Powers Agreement Establishing the 1 -35W Solutions Alliance to be filed with the City Clerk of the City of Burnsville, Minnesota. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of November, 2000. ATTEST: Deborah J. Guiher, Deputy City Clerk Martin J. Kirsch, Mayor T H E DAKOTA COUNTY WESTERN SERVICE CENTER Au 14 9'5 5 GA- LAXIEAVENUE, APPLE VALLEY, MN 551,24 PHN: 612/891-7030 FAX 612/891 - 7031 October 24, 2000 Mike Eastling - City of Richfield 6700 Portland Avenue Richfield MN. 55423 ' Re: The 1 -35W Solutions Alliance Joint Powers, Agreement Request for Approval. of Amendment Dear Ms. Eastling: The I -35W Solutions Alliance was formed in 1989 to improve the capacity to move,people and goods in the I-35W corridor. It. has been quite successful in achieving many of its objectives. Numerous improvements have been made on 1 -35W, including the expansion -'of HOV lanes south of Highway 494, the study of high speed buses on I -35W,, the improvements to I -35W from 494 to the Crosstown Highway 62,,the planned rebuilding. of the Crosstown and I -35W interchange, and preliminary work in the reconstruction of the major bottleneck in the state of Minnesota, the 135W/494 ,interchange. It has been successful in promoting increased funding for transit and roads and. bridges. The I -35W Solutions Alliance has acted as an honest broker on behalf of its meinbers promoting balanced transportation funding for transit and highways and bridges; and has become recognized as such. The 1 -35W Solutions Alliance took the lead m promoting balanced funding through the development of a white paper entitled A Critical Need: Funding for Minnesota Highways and Transit. Since the publication of that document and its presentation -to the broader community, it has become almost a matter of acceptance that funding for roads and bridges will not solve our transportation objectives alone, but must be combined with balanced funding for transit systems throughout the metropolitan area. The I -35W Solutions Alliance has taken the lead'in forming a coalition,of transportation interests to support balanced transportation funding at the state legislature and in the executive branch, as well as with the Metropolitan Council. ` MEMBER COUNTIES: Dakota, Hennepin county Regional Railroad Authority. MEMBER CITIES: Apple Valley, Bloomington,,Bumsville, LakeAi le, Minneapolis,.Richfield. `EX- OFFICIO MEMBERS: City f -Ea an; City of Prior Lake City of Savage, Improvement 494, 135W EIS Community Task H 9 Y b 9 P ty Force; Minnesota Department oYTransportation; Metropolitan'Ceuncil, Scott County TransportabonCoalibon, State - Mike Eastling October 24, 2000 Page two The need for increased transportation capacity caused by our growing economy and our expanding population requires continued diligence and additional work in the pursuit of a balanced transportation system and the maintenance of our infrastructure to ensure the future wellbeing of our citizens. The I -35W Solutions Alliance provides a forum for all of our members to unite and present a unified position on most transportation issues affecting our communities. Consequently, we are asking you to adopt the resolution to extend the Joint Powers Agreement through December 31, 2010 and to restate the Joint Powers Agreement to reflect changes that have been made in other laws, such as the merger of the Metropolitan Transit Commission into the Metropolitan Council and elimination of some committees as previously existed. Also, there are some changes in terminology which reflect developments over the past several years. The restated agreement also proposes a change in the members of the board to provide for what we believe would be a more meaningful form of participation. We are recommending that each member appoint two directors and one alternate. They can be anyone you choose although we encourage you to appoint at least one elected or appointed public official. We ask that you present the enclosed resolution to your governing body as soon as possible, approve the changes, sign the Amended and Restated Joint Powers Agreement, and return an executed copy of the Amended and Restated Joint Powers Agreement to the Burnsville City Clerk, along with a certified resolution of your city approving the resolution. We ask that you do so before December 31, 2000. Sincerely, il Turner Chair The I -35W Solutions Alliance Enclosures Cc: Patti Sterbuck, The I -35W Solutions Alliance Executive Committee GP:736192 vl • AMENDED AND RESTATED JOINT POWERS AGREEMENT ESTABLISHING THE I -35W SOLUTIONS ALLIANCE ,7 • AMENDED AND RESTATED JOINT POWERS AGREEMENT ESTABLISHING THE I -35W SOLUTIONS ALLIANCE The parties to this Agreement are Governmental Units of the State of Minnesota which have land in the Interstate 35W corridor, or are impacted by I -35W. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statute §471.59. 1. Name. The parties hereby create and establish The I -35W Solutions Alliance. 2. General Purpose. The purpose of this Agreement is for the Governmental Units to jointly and cooperatively provide an organized effort to facilitate traffic flow and capacity in the 1 -35W corridor. 3. Definitions. Subdivision 1. "Solutions Alliance" means the organization created by this Agreement the full name of which is "The I -35W Solutions Alliance." It shall be a public agency of its Members. Subdivision 2. "Board" means the Board of Directors. Subdivision 3. "Ex-Officio Member" means a person or entity selected by the Solutions Alliance to have special status with the Solutions Alliance, with only the rights specified in this Agreement. Subdivision 4. "Governing Body" means the Governing Body of a Governmental Unit which is a Member of this Solutions Alliance. Subdivision 5. "Governmental Unit" means any city or county which is a signatory to this Agreement. Subdivision 6. "Member" means a Governmental Unit which enters into this Agreement. 4. Membership. The membership of the Solutions Alliance shall consist of the • following Governmental Units: City of Burnsville City of Bloomington City of Lakeville City of Richfield Dakota County City of Apple Valley City of Minneapolis Hennepin County Regional Railroad Authority No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any Governmental Unit listed above to be represented on the Solutions Alliance as long as such Governmental Unit continues to exist as a separate political subdivision. Any other governmental entity may become a Member upon approval of the Board, execution of this Joint Power Agreement, and payment of the contribution prescribed by the Board. 5. Board of Directors. 0 Subdivision 1. The Governing Body of the Solutions Alliance shall be its Board of Directors, which shall be responsible for managing its affairs, exercising its powers, and performing its duties. At least one Director shall be an elected official from the Governmental Unit. Subdivision 2. Each member shall appoint two Directors and one Alternate. The term of each Director shall be four years and shall serve until their successors are selected and qualify. Subdivision 3. A Director may not be removed from the Board prior to the expiration of their term, unless the Governing Body that made the appointment votes to remove the Director. Removal of a Director shall not require ratification or any other action by the Board. Removal under this Subdivision shall create a vacancy which shall be filled pursuant to Subdivision 7 of this Section. 0 Subdivision 4. Directors shall serve without compensation from the Solutions Alliance. A Governmental Unit may provide compensation for a Director it appoints to the Board. Subdivision 5. Each dDirector shall have one vote. All votes must be cast by a Director at a Board Meeting. Voting by proxy is not permitted. An Alternate may vote only in the absence of a Director. Subdivision 6. A quorum shall consist of a majority of the Members. Subdivision 7. A vacancy on the Board shall be filled for the remainder of the term by the Governing Body that made the appointment. Subdivision 8. The Board may appoint such committees as it determines necessary. Committee members, other than the chair, need not be a Director. 6. Ex- Officio Members. The Minnesota Department of Transportation, Metropolitan Council, Hennepin County, Scott County Transportation Coalition, Improve 494, and the City of Eagan State Representatives, State Senators and Metropolitan Council Members whose districts include part or all of a Governmental Unit shall also be Ex- Officio Members. The Solutions Alliance may designate additional Ex- Officio Members. Ex- Officio Members may participate in discussions of the Solutions Alliance but may not vote. The Solutions Alliance may establish such further rules for Ex- Officio Members as it deems fit and proper. 7. Powers and Duties of the Solution Alliance. The powers and duties of the Solutions Alliance shall include the power or duty: Subdivision 1. To prepare and adopt a plan and seek passage of legislation by local, state and federal governments to enhance the movement of people and goods and relieve congestion in the I -35W corridor. Subdivision 2. To cooperate with the Minnesota Department of Transportation and participate in preparation of environmental impact analysis of I -35W improvements, including preliminary geometric design and evaluation of high- occupancy vehicle lanes and transit on I -35W. Subdivision 3.- To research and recommend funding strategies to enhance the movement of people and good and relieve congestion in the I -35W corridor. Subdivision 4. To research and recommend funding strategies and seek legislation to improve traffic to relieve congestion, to create alternatives to traveling on I -35W, and to increase and improve the transportation of people and goods in the I -35W corridor. Subdivision 5. To research travel demand management strategies and ordinances, develop model ordinances and recommend joint action on such strategies and ordinances by the Members. • Subdivision 6. To research and make recommendations to the Members regarding other matters related to the Solutions Alliance's purpose. Subdivision 7. To cooperate with the Minnesota Department of Transportation and the Metropolitan Council to develop transit operation plans. Subdivision 8. To monitor land use development, traffic volumes and travel characteristics in the I -35W corridor. Subdivision 9. To consult with persons knowledgeable in transportation, such as research organizations, educational institutions, other political subdivisions, regulatory organizations, technical experts and any other persons who can provide pertinent information. Subdivision 10. To cooperate or contract with the State of Minnesota or any subdivision thereof, the Metropolitan Council, or federal agency or private or public organization to accomplish the purposes for which it is organized. Subdivision 11. To contract for or purchase such insurance as the Board deems necessary for the protection of the Solutions Alliance. Subdivision 12. To accumulate reserve funds for the purposes herein mentioned and invest funds of the Solutions Alliance not currently needed for its operations. Subdivision 13. To collect money, subject to the provisions of this Agreement, from its Members and from any other source approved by a majority of its Board. Subdivision 14. To make contracts, employ consultants, incur expenses and make expenditures necessary and incidental to the effectuation of its purposes and powers. To approve contracts in excess of $5,000 provided four (4) or more Members approve. A majority of Directors of a Member shall determine the vote of a Member. Contracts let and purchases made by the Solutions Alliance shall conform to the requirements applicable to Dakota County. Subdivision 15. To recommend changes in this Agreement to its Members. An Amendment to this Agreement shall be adopted in the same manner as the original approval of this Agreement. The Effective Date of the Amendment shall be as provided in Section 13 of this Agreement. Subdivision 16. To exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein. Subdivision 17. To cause to be made an annual audit of the books and accounts of the Solutions Alliance and shall make and file a report to its Members at least once each year. Subdivision 18. To make available for and open to inspection by its Members at all reasonable times its books and records. The Solutions Alliance's records shall be available for inspection by the public pursuant to Minnesota Statute Chapter 13. Subdivision 19. Each Member reserves the right to conduct separate or concurrent r 0 studies on any matter under study by the Solutions Alliance. 8. Meetings. Subdivision 1. The Board shall determine the time and place of meetings and hold meetings as frequently as it determines necessary to carry out the purposes of the Solutions Alliance. Subdivision 2. Special meetings of the Board may be called by the Chair or upon written request of a majority of the Directors. Five days written notice of a special meeting shall be given to the Directors, unless waived in writing by each Director. Subdivision 3. Meetings of the Board and Committees shall be open to the public. 9. Officers. Subdivision 1. Number, election, qualifications — The officers of the Board shall consist of a Chair, a Vice - Chair, secretary and treasurer. Each officer shall be elected annually by the Board and shall hold office until their successor takes office, earlier disqualification, death, resignation, or termination of appointment as a director. All officers must be Directors. No two officers may be from the same Member. Subdivision 2. Chair; Vice -Chair - The Chair shall preside at all meetings of the Board and shall perform all duties incident to the office of Chair, and such other duties as may be delegated by the Board. The Vice -Chair shall act as Chair in the absence of the Chair. Subdivision 3. Secretary - The Secretary shall be responsible for keeping a record of all the proceedings of the Solutions Alliance. The Secretary may designate a person or persons to assist the Secretary in performance of their duties. The Secretary shall send written notice of meetings and material pertaining to agenda items to each Director. 0 Subdivision 4. Treasurer - The Treasurer shall have custody of the Solutions Alliance's funds, shall collect its dues, pay its bills, shall keep its financial records, and generally conduct the financial affairs of the Solutions Alliance. The Treasurer shall be responsible for such other matters as shall be delegated by the Board. Subdivision 5. Other Officers - The Board may appoint other officers as it deems necessary. 10. Finances. Subdivision 1. The Solutions Alliance funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. The Board may designate one or more national or state bank or trust companies authorized to receive deposits of public monies to act as depositories for the Solutions Alliance funds. It may contract with a Member to provide services and assistance regarding its funds. The Solutions Alliance shall designate up to four (4) Directors who shall be authorized to sign instruments. In no event shall there be a disbursement of Solutions Alliance funds without the signature of at least two of the designated authorized signatories. Subdivision 2. General Administration. Each Member agrees to contribute each year to a general fund of the Solutions Alliance, said fund to be used for general administration purposes including, but not limited to: contracts, salaries, supplies, carrying out the purpose of this Agreement, insurance and bonds. The annual contribution by each Member shall be determined in accordance with a funding formula approved by the Board, and shall be paid by March 1 of each year. Subdivision 3. On or before July 1 of each year, the Board shall adopt a general administrative budget for the ensuing year and decide upon the total amount necessary for the general Fund. The Treasurer of the Board shall certify the budget on or before July 1 to the clerk of each Member Governmental Unit, together with a statement of the proportion of the budget to be provided by each Member. Subdivision 4. Any Member may withdraw from the Solutions Alliance by giving notice to the Solutions Alliance of such action by the Member's Governing Body prior to August 1. Any Member withdrawing under this provision shall have no further liability or obligation to the Solutions Alliance except for payment of its contribution for the year in which it withdraws, and shall not be entitled to any refund from the Solutions Alliance. The withdrawal shall be effective on December 31 of the year of withdrawal, unless an earlier date is specified by the withdrawing Member. Subdivision 5. Any Member that has withdrawn from the Solutions Alliance, may, with the approval of the Board continue as an Ex- Officio Member without further financial contribution to the Solutions Alliance. 11. Duration. Subdivision 1. Each Member agrees to be bound by the terms of this Agreement until December 31, 2010, and may be continued thereafter upon the agreement of all the Members. Subdivision 2. This Agreement may be terminated prior to December 31, 2010, by the written agreement of 3/4 of the Members. Subdivision 3. In addition to the manner provided in Subdivision 2 for termination, any Member may petition the Board to dissolve the Agreement. Upon 30 days' notice in writing to the clerk of each Member, the Board shall hold a hearing and upon a favorable vote by 3/4 of all eligible votes of then existing Board Members, the Board may by resolution recommend that the Solutions Alliance be dissolved. The resolution shall be submitted to each Member and if 9 ratified by 3/4 of the Governing Bodies of all eligible Members within 60 days, the Board shall dissolve the Solutions Alliance allowing a reasonable time to complete work in progress and to dispose of personal property owned by the Solutions Alliance. 12. Dissolution. Upon dissolution of the Solutions Alliance, all property of the Solutions Alliance shall be sold and the proceeds thereof, together with monies on hand, shall be distributed to the eligible Members of the Solutions Alliance. Such distribution of Solutions Alliance assets shall be made in proportion to the total contribution to the Solutions Alliance required by the last annual budget. The Solutions Alliance shall continue to exist after dissolution for such period, no longer than six months, as is necessary to wind up its affairs, but for no other purpose. 13. Effective Date. These amendments to the Restated Joint Powers Agreement shall be effective December 31, 2000, after all Members file a certified copy of a resolution approving the Amendment and upon the execution of this Agreement by all Members. All Members need not sign the same copy. The resolution and signed Amendment shall be filed with the City Manager of the City of Burnsville, who shall notify all Members in writing. IN WITNESS WHEREOF, the undersigned Governmental Units, by action of their Governing Bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute §471.59. GP:727665 v4 • 11 CITY OF APPLE VALLEY BY: Attest CITY OF BLOOMINGTON BY: Attest CITY OF BURNSVILLE BY: Attest CITY OF LAKEVILLE BY: Attest CITY OF MINNEAPOLIS BY: Attest CITY OF RICHFIELD BY: Attest DAKOTA COUNTY BY: Attest HENNEPIN COUNTY REGIONAL RAIL AUTHORITY BY: Attest GP:727665 v4 Approved by the City Council on Approved by the City Council on , 2000 , 2000 Approved by the City Council on , 2000 Approved by the City Council on , 2000 Approved by the City Council on , 2000 , 2000 Approved by the Dakota County Board , 2000 Approved by the Hennepin County Board , 2000 .J • AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT =Oda CITY COUNCIL MEETING NOVEMBER 139 2000 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: Er REVIEWED BY CITY MANAGER: I CONSENT 5C 277 JOHN THOM, UTILITIES COORDINATOR NAME, TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract to Rehbein Inc. for lime by- product disposal in the amount of $95,850. I. RECOMMENDED ACTION: By Motion: Award of contract to Rehbein Inc. for lime by- product disposal in the amount of $95,850 for the years 2001 and 2002 with the option to renew for another two years. II. BACKGROUND Each year, the Dewatering Plant must dispose of approximately 4,500 cubic yards of lime by- product. This material is in a solid form that is dropped from presses into waiting trucks. A formal bid opening for a two year (2001 and 2002) contract to dispose of lime by- product was held on Tuesday, October 24, 2000 with the following results: Rehbein Inc. $ 95,850 Avon Ag -Lime $100,080 1113001-ime Disposal III. BASIS OF RECOMMENDATION A. POLICY • Rehbein Inc. was the lowest responsible bidder and is an established contractor that meets all requirements. B. CRITICAL ISSUES • It is necessary to remove and dispose the lime by- product from the dewatering presses. C. FINANCIAL • There are sufficient funds in the 2001 Water Maintenance budget for lime by- product disposal. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S� • Council may reject all bids and direct staff to readvertise; however, staff does not believe we can obtain a better price from a reputable contractor. V. ATTACHMENTS • Bid minutes and tabulation VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 01 • 0 0 CITY OF RICHFIELD, MINNESOTA Bid Opening October 24, 2000 2:00 p.m. Lime By- Product Disposal for the City of Richfield City Bid No. 00 -08 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Deborah Guiher, Deputy City_Clerk, who announced. that the purpose of the meeting was to receive, open and read aloud, bids for Lime By- Product Disposal, as advertised in the official newspaper on October 11, 2000. Present: Deborah Guiher, Deputy City Clerk John Thom, Utility Coordinator Cheryl Krumholz, City Manager Representative Pat Prok, Public Works Secretary The following bids were submitted and read aloud: Vendor Bid Security Total Base Bid Avon Ag -Lime 5% Bid Bond $ 100,080.00 Avon, MN Rehbein Inc. 5% Bid Bond $ 95,850.00 Hugo, MN The Deputy Clerk announced that the bids would be tabulated and considered at the November 13, 2000 City Council Meeting. Deborah Guiher Deputy City Clerk • • AGENDA SECTION: CONSENT AGENDA ITEM # 5B REPORT # 276 STAFF REPORT CITY COUNCIL MEETING NOVEMBER 139 2000 REPORT PREPARED BY: DAWN M. WEITZEL, HUMAN RESOURCES MANAGER NAME, TITLE REPORT PRESENTER: STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: L1°J f ITEM FOR COUNCIL CONSIDERATION: Consideration of the resolution designating City's contribution toward health, term life and dental insurance premiums for General Services and Management employees. I. RECOMMENDED ACTION: By Motion: Adopt the resolution designating City's contribution toward health, term life and dental insurance premiums for General Services and Manaaement emalovees. III. BACKGROUND I At the present time, the City. contributes to the cost of premiums for four kinds of insurance coverages available to City employees. Full -time Management and General Services employee contributions are discussed within this letter as well contributions toward health insurance for part -time regular General Services employees. Other employees are covered under terms of labor agreements. LIFE A $25,000 term life insurance policy is currently provided for all full -time Management and is General Services employees. The City pays the full premium for this insurance, which is $4.88 per month per employee. This rate has not been increased from 2000 rates. DENTAL The second type of insurance provided to full -time Management and General Services employees is a self - funded group dental insurance. In 2000, the City contributed $24 per month per employee for the total cost of employee (not dependent) coverage. In 2001, the City would contribute $25. Employees who desire dependent coverage must pay the full cost of such additional premium, which for 2000 was $31. This rate will remain the same in 2001. Inasmuch as dental insurance is self - funded, the City establishes the dental rates from year to year internally, based upon administrative and benefit payout cost data. HEALTH INSURANCE FOR FULL -TIME EMPLOYEES The third type of insurance coverage available to full -time Management and General Services employees is group health coverage. The LOGIS group will once again offer a third Medica Health Plan option to its member cities. In addition to the Medica High Option Plan and Low Option Plan, employees will also have the Medica Elect Plan to choose from. In an effort to remain flexible and keep rate increases as low as possible, LOGIS offers a four -tier system, giving employees the choice of employee only, employee plus spouse, employee plus child(ren) and family options. By providing this four -tier rating system some employees are able to benefit by choosing the employee plus spouse option or employee plus child(ren) option. The City will continue to pay the full individual employee premium (for employees choosing the Medica High Option Plan this has increased by 22 %) and provide an additional contribution toward dependent coverage up to a specified maximum insurance premium. In 2001, the City's monthly contribution for Management and General Services employees would be increased by $20 to $455. The City's contribution for Management and General Services employees as a percent of premium over the past ten years is shown in Attachment 1. Full -time employees have the option to waive health insurance coverage through the City if they prove they have coverage elsewhere. Employees electing to waive coverage will receive an additional $50 per month on their pay check. This $50 will be taxed as regular income. The 2000 and 2001 monthly premium costs of the health plans are: • 2000 Medica 2001 Medica 2000 Medica 2001 Medica High Option High Option Low Option Low Option Employee Only $225.53 $274.84 $206.36 256.09 Employee Plus Spouse $524.00 $586.98 $479.46 $546.93 Employee Plus Child(ren) $495.00 $554.50 $452.93 $516.66 Family 1$646.96 1$724.72 1$591.97 $675.28 • • HEALTH INSURANCE FOR PART -TIME REGULAR EMPLOYEES The City will contribute 75% of the single health care premium for part -time Regular employees and $227.50 per month towards dependent coverage. Part-time employees may opt out of health insurance altogether. LONG -TERM DISABILITY (LTD) The fourth type of insurance provided to all employee groups, except Firefighters, is long- term disability insurance (LTD). LTD is provided through a group policy secured by the City. The premium rate of 24 cents per $100 will not change for 2001. III. BASIS OF RECOMMENDATION A. POLICY • The City is a LOGIS boardmember and has participated in the process of receiving the best possible health insurance rates. • The City continues to provide adequate insurance protection for the Management and General Services employee groups, which are comparable to other City employee groups, as well as employees performing similar jobs in comparable communities. By providing the same coverages, greater benefit equality is achieved between female classes found in General Services and Management groups and male classes found in the contracted labor units. B. CRITICAL ISSUES • The City should implement the premium increases for coverages by December 1, 2000. Payroll deductions for January insurance payments, the beginning of the new insurance period, are calculated in December. C. FINANCIAL • The 2001 Budget includes the funding necessary to provide for the premium contributions as recommended. • D. LEGAL • In order to provide the requested insurance benefit changes, the City Council must approve the resolution designating City's contribution 2000 Medica 2001 Medica Elect Elect Employee Only $202.23 $251.05 Employee Plus Spouse $469.87 $536.18 Employee Plus Child(ren) $443.87 $506.50 Family $580.13 1$661.99 HEALTH INSURANCE FOR PART -TIME REGULAR EMPLOYEES The City will contribute 75% of the single health care premium for part -time Regular employees and $227.50 per month towards dependent coverage. Part-time employees may opt out of health insurance altogether. LONG -TERM DISABILITY (LTD) The fourth type of insurance provided to all employee groups, except Firefighters, is long- term disability insurance (LTD). LTD is provided through a group policy secured by the City. The premium rate of 24 cents per $100 will not change for 2001. III. BASIS OF RECOMMENDATION A. POLICY • The City is a LOGIS boardmember and has participated in the process of receiving the best possible health insurance rates. • The City continues to provide adequate insurance protection for the Management and General Services employee groups, which are comparable to other City employee groups, as well as employees performing similar jobs in comparable communities. By providing the same coverages, greater benefit equality is achieved between female classes found in General Services and Management groups and male classes found in the contracted labor units. B. CRITICAL ISSUES • The City should implement the premium increases for coverages by December 1, 2000. Payroll deductions for January insurance payments, the beginning of the new insurance period, are calculated in December. C. FINANCIAL • The 2001 Budget includes the funding necessary to provide for the premium contributions as recommended. • D. LEGAL • In order to provide the requested insurance benefit changes, the City Council must approve the resolution designating City's contribution toward health, term life and dental insurance premiums for General Services and Management employees. ALTERNATIVE RECOMMENDATION (S) IV. ( ) • The Council may take no action to increase the insurance premiums beyond the current 2000 funding level. • Defer discussion to another date. V. ATTACHMENTS • Resolution • The City's Contribution Toward Dependent Health Insurance as a Percent of Total Premium Cost VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • 11 RESOLUTION NO. RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE PREMIUM FOR MANAGEMENT AND GENERAL SERVICES EMPLOYEES WHEREAS, the hospital - medical /surgical group health insurance plan is available from the LOGIS Health Insurance Program for City employees and their families; and WHEREAS, a term life and accidental death and dismemberment insurance plan is available from the Local Government Information Systems Association ( LOGIS) for City employees; and WHEREAS, a self - funded group dental insurance plan is available to City Management and General Services employees and their families; and WHEREAS, a group short-term and long -term disability program is available to City Management and General Services employees; and WHEREAS, the City Council is required to determine by resolution the City's contribution toward the premium for employee group insurance coverages. NOW, THEREFORE, BE IT RESOLVED that the City shall contribute a maximum of $455 per month for family health insurance, and in any event, said contributions shall not exceed the cost of single coverage for employees selecting that option. The City shall give to full -time employees not participating in the City's health plan, a sum of $50 per month which will be taxed as regular income. The City shall also pay the $25 monthly premium for the employee dental insurance plan, and the $4.88 monthly premium for the term life and accidental death and dismemberment insurance plan for Management and General Services employees, for a total possible maximum 2001 insurance premium contribution of $484.88 per month. Such contributions shall be for coverage effective January 1, 2001. BE IT FURTHER RESOLVED that the City shall contribute the full cost of long -term disability insurance for the fulltime Management and General Services employees' coverage. BE IT FURTHER RESOLVED that the City Council shall determine the City's contribution toward insurance premiums for all organized employee groups by the adoption of the appropriate resolutions concerning labor contracts with the respective organized employee groups. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of November 2000. Martin J. Kirsch, Mayor ATTEST: Debra J. Guiher, Deputy City Clerk Attachment 1 The City's Contribution Toward Dependent Health Insurance as a Percent of Total Premium Cost YEAR HEALTH DEPENDENT CITY CONTRIBUTION CITY CONTRIBUTION PLAN PREMIUM MGMT. /GEN. SVCS AVERAGE % OF COST PREMIUM 1992 MEDICA $399.00 $255.00 MCHP. $389.35 $255.00 66% GHI $356.76 $255.00 1993 MEDICA $430.92 $285.00 MCHP $437.25 $285.00 68% GHI $397.48 $285.00 1994 MEDICA $449.05 $315.00 MCHP $478.35 $315.00 69.5% GHI $431.44 $315.00 1995 MEDICA $449.05 $335.00 MCHP $478.35 $335.00 72% GHI $465.86 $335.00 1996 MEDICA $449.03 $345.00 MCHP $464.63 $345.00 76% GHI $443.32 $345.00 1997 MEDICA $490.85 $365.00 MCHP $451.86 $365.00 81% GHI $417.43 $365.00 1998 MEDICA $544.00 $395.00 MCHP $484.67 $395.00 79% GHI $466.74 $395.00 1999 MEDICA High Option $524.92 $415.00 79% Low Option $480.31 $415.00 86% 2000 MEDICA High Option • Employee + Spouse $524 $435 83% • Employee + Children $495 $435 88% • Family $646.96 $435 67% Elect Option * Employee + Spouse $469.87 $435 93% * Employee + Children $443.87 $435 98% * Family $580.13 $435 87% Low Option * Employee + Spouse $479.46 $435 91% * Employee + . Children $452.93 $435 96% * Family $591.97 $435 73% 2001 MEDICA High Option • Employee + Spouse $586.98 $455 78% • Employee + Children $554.50 $455 82% • Family $724.72 $455 63% Elect Option • Employee + Spouse $536.18 $455 85% • Employee + Children $506.50 $455 90% • Family $661.99 $455 69% Low Option * Employee + Spouse $546.93 $455 83% • Employee + Children $516.66 $455 88% • Family $675.28 $455 67% • 0 • AGENDA SECTION: (;nNSFNT AGENDA ITEM # S A REPORT # 275 J STAFF REPORT CITY COUNCIL MEETING NOVEMBER 139 2000 STEVEN L: °DEVICH REPORT PREPARED BY: ADMINISTRATIVE SERVICES DIRECTOR NAME, TITLE STEVEN L. DEVICH REPORT PRESENTER: ADMINISTRATIVE SERVICES DIRECTOR DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Amendment to the Flexible Spending Account Plan Benefit I. RECOMMENDED ACTION: By Motion: Adopt a Resolution Approving the November 13, 2000 Amendment to the Flexible Spending Account Plan. 111. BACKGROUND The City of Richfield provides City employees a Flexible Spending Account Plan benefit that is regulated by federal law. In essence, the Flexible Spending Account Plan allows employees to designate and set aside a biweekly deduction that may be used on a pre -tax basis for IRS approved medical, insurance and childcare - related expenditures. The Stanton Group, which administers the City's Flexible Spending Account Plan, ensures strict adherence to current federal law. A recent change in federal law allows for greater leeway in changing the set biweekly deduction contributed to the Flexible Spending Account Plan once the Plan Year has started. These allowable changes may be triggered by certain life changing events such as the change of residence of an employee, change in the number of tax dependents or change in legal marital status. In order to incorporate the new federal changes into the City's Plan Document, it is necessary for the City Council to adopt a resolution formally modifying the plan. III. BASIS OF RECOMMENDATION A. POLICY • The City offers a Flexible Spending Account Plan to eligible City employees. • The Plan should follow federal regulations for such plans. B. CRITICAL ISSUES • Federal law has changed to make the plan more user friendly to participants. • The City should make any changes in early November to coincide with the City's Open Enrollment period. C. FINANCIAL • There is no cost to the City if the Plan modification is done before December 1, 2000. After that date the change will cost the City $150. D. LEGAL • The proposed changes conform to federal law for such plans. IV. ALTERNATIVE RECOMMENDATION. S • The City Council could decide not to adopt the proposed changes and leave the plan as it is. • The City Council could choose to review this matter at a later date. V. ATTACHMENTS • Plan amendment resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. s RESOLUTION NO. NOVEMBER 13, 2000 AMENDMENT TO THE FLEXIBLE SPENDING ACCOUNT PLAN WHEREAS, the City of Richfield provides employees with an opportunity to pay for certain employee welfare benefits on a pre -tax basis through the above mentioned Plan (the "Plan "); and WHEREAS, the Employer considers is desirable and in the best interests of the Plan to make the following amendment to the Plan. NOW, THEREFORE, pursuant to the authority reserved in the Plan to allow amendments to the Plan, the Plan is amended as follows: Effective November 13, 2000, the provisions of the Plan governing a Participant's ability to revoke a benefit election and make a new benefit election during the Plan Year shall be administered in compliance with the Final and Proposed Cafeteria Plan Regulations issued March 23, 2000, which are summarized as follows: CHANGE IN STATUS RULES Events The following Change in Status events, when they result in an eligibility change for underlying welfare benefits, shall be recognized under the Plan: • Legal marital status change (marriage, divorce, death of spouse, legal separation and annulment) • Change in number of tax dependents (birth, placement for or adoption, death) • Employment Status Change for employee, spouse or dependent (employment termination or commencement, strike or lockout, unpaid leave of absence, change in worksite) • Dependent satisfies or fails to satisfy eligibility requirements (age, student status, marriage) • Residence change of employee, spouse, or dependent • Commencement or termination of adoption proceedings for adoption assistance. Consistency Conditions Further, the election modification on account of any of the status changes must be consistent with that status change. Where the status change makes an employee, spouse or dependent eligible for coverage, the election modification permitted is to add the newly eligible individual or increase the deduction for the coverage. Where the status change makes an employee, spouse or dependent ineligible for the underlying welfare benefit coverage (divorce, legal separation, annulment or death of the employee's spouse or dependent), the election modification permitted is to drop the coverage for that individual. If the employee, spouse or dependent becomes eligible for coverage under a family member's plan due to open enrollment, or a change in marital or employment status, the affected individuals must actually elect that coverage in order to drop coverage under this Plan. Consistency Exceptions • Where the status change is change in marital status, disability and life insurance coverages may be increased or decreased. • When the status change is loss of dependent status, an election modification to allow a participant to pay COBRA continuation premiums on a pre -tax basis may be made. Change in Cost or Coverage If a cost increase is "significant, " a participant may increase the Plan election or revoke his or her election and make a new election for coverage under a similar welfare benefit plan. If welfare benefit plan coverage is "significantly curtailed," a participant may revoke his or her election and make a new election for coverage under a similar benefit plan. To meet the "significant curtailment" standard, there must be an "overall reduction in coverage" resulting in reduced coverage to participants in general under the welfare benefit plan. If a new option is added to the welfare benefit plan or if an option is eliminated from the welfare benefit plan, participants may make new elections, corresponding to the change, under this Plan. Dependent care spending account elections shall be administered according to these rules. Health care spending account elections shall not be eligible for modification under these rules, in accordance with.the Proposed Regulations. Miscellaneous The Employer reserves the right to automatically initiate changes to participants' elections where an insignificant change in cost occurs or where the Plan is required to follow a judgment, decree or order that mandates coverage for an employee's dependent. A participant who gains Medicare or Medicaid coverage shall be allowed to drop or reduce an election amount; an employee or participant who loses Medicare or Medicaid coverage shall be allowed to begin or increase coverage. Employees rehired within 30 days of their most recent termination of employment shall have their most recent election amounts automatically reinstated. Employees rehired more that 30 days after their most recent termination of employment shall be allowed to make new elections under the Plan as new hires. THESE RULES shall hereby supercede and replace the election change rules of the Plan effective for status events that occur on and after November 13, 2000. These rules are intended to comply with the Final and Proposed Cafeteria Plan Regulations issued on March 23, 2000. In the event that these rules are ambiguous for any particular situation, the Final and Proposed Cafeteria Plan Regulations shall be the decisive authority for administration of the Plan. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of November, 2000. Martin J. Kirsch, Mayor 0 ATTEST: Deborah J. Guiher, Deputy City Clerk