Loading...
02-14-06 Regular CITY OF RICHFIELD, MINNESOTA TUESDAY, FEBRUARY 14, 2006 ******************************************************************************************************* SPECIAL CONCURRENT CITY COUNCIL! TRANSPORTATION COMMISSION WORKSESSION RICHFIELD CITY HALL COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:00 P.M. Call to order Roll call 1. Discussion of City's stop sign policy (Council Memo No. 24) Notes: Adjournment ******************************************************************************************************* SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION RICHFIELD CITY HALL EXECUTIVE CONFERENCE ROOM 6700 PORTLAND AVENUE 5:30 P.M. Call to order Roll call 1. Discussion of City of Richfield versus Metropolitan Airports Commission litigation Adjournment ***~*************************************************************************************************** REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:30 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment p riod to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on th agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Worksession of January 17, 2006; (2) Special City Council Worksession of January 20, 2006; (3) Special City Council Closed ) Executive Session of January 20,2006; (4) Special City Council Meeting of January 24, 2006; (5) Special City Council Worksession of January 24, 2006; (6) Regular City Council Meeting of January 24, 2006; (7) Special City Council Meeting of January 25, 2006; and (8) Special City Council Meeting of January 28, 2006 PRESENTATIONS 1. Swearing-in of Richfield Police Officers Matt Riebau and Bill Stanger 2. Presentation of Richfield Police Officer of the Year award to Police Officer Mike Sieve (Council Memo No. 25) 3. Presentation of Certificate of Achievement for Financial Reporting Award to Richfield Finance Manager Chris Regis (Council Memo No. 26) COUNCIL DISCUSSION 4. Council discussion . Hats Off To Hometown Hits Notes: AGENDA APPROVAL 5. Council approval of agenda CONSENT CALENDAR 6. 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 first reading of transitory ordinance providing for expenditure of funds from Special Revenue Fund for certain capital improvements and schedule public hearing and second reading for March 14, 2006 S.R. No. 23 B. Consideration of approval of resolution establishing Health Care Savings Plan for International Union of Operating Engineers, Local 49 bargaining unit employees S.R. No. 24 C. Consideration of approval of resolution authorizing agreement between State of Minnesota, acting through Commissioner of Public Safety, State Patrol Division, and City of Richfield Public Safety Department for grant funds not to exceed $1600 for payment of overtime for Police Officers involved in Operation NightCAP S.R. No. 25 D. Consideration of approval of resolution reappointing Russ Susag to Richfield Tourism Promotion Board for three year term ending December 31,2008 S.R. No. 26 E. Consideration of approval of resolution appointing Chris Regis, Finance Manager, as Director and Sally Morton, Information Technologies Manager, as Alternate Director to Local Government Information Systems Association Board of Directors S.R. No. 27 F. Consideration of approval of resolution supporting Two Wheels to Town bicycle initiative S.R. No. 28 G. Consideration of approval of renewal of lawful gambling license for Minneapolis- Richfield American Legion Unit #435 Auxiliary, 6501 Portland Avenue, and resolution allowing #435 Auxiliary to conduct lawful gambling activity S.R. No. 29 H. Consideration of approval of assignments of professional services agreements with Conworth, Inc. to SRF Consulting Group, Inc. for land acquisition services related to Airport Noise Improvement Program and intersection improvements at 17th Avenue and 66th Street S.R. No. 30 I. Consideration of approval of consulting agreement with SRF Consulting Group, Inc. for right-of-way and relocation services for 66th Street and Portland Avenue Intersection Project S.R. No. 31 J. Consideration of approval of following 2006 renewal of business licenses for on-sale 3.2 liquor sales and 2006 license renewals to operate businesses in Richfield: S.R. No. 32 License to Operate in Richfield A New Star Limousine & Taxi Service - 7 Vehicles Gold Star Taxi - 27 Vehicles Morelos Taxi - 8 Vehicles Suburban Taxi Corporation - 20 Vehicles Paul's Rentals & Sale - Trailer and Truck Rental License to Sell 3.2 Malt Liauor Airport Bowl - On-Sale Aldi Foods - Off-Sale Davanni's Pizza - On-Sale Kwik Way Foods - Off-Sale Lariat Lanes - On-Sale Rainbow Foods - Off-Sale Richfield Mobil Mart - Off-Sale Sandy's Tavern - On-Sale SuperAmerica #4186 - Off-Sale SuperAmerica #4188 - Off-Sale SuperAmerica #4191 - Off-Sale SuperAmerica #4615 - Off-Sale Worldwide Supermarket - On-Sale Vina Vietnamese Restaurant - On-Sale Notes: 7. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARING 8. Public hearing regarding resolution authorizing use of funds for 2006 Urban Hennepin County Community Development Block Grant Program Staff Report N~ .:33> Notes: RESOLUTIONS 9. Disciplinary hearing regarding resolution imposing civil enforcement on establishment in Richfield that underwent tobacco compliance check conducted by Richfield Public Safety staff and failed by selling tobacco to underage youth Staff Report N~ 34 Notes: 10. Consideration of resolution providing for $20,000 loan to Richfield Historical Society for production of 2008 Richfield Centennial book Staff Report No. 35 Notes: 11. Consideration of resolution authorizing reimbursement for proposed improvements at City's Water Plant Staff Report No. 36 Notes: 12. Consideration of resolution approving provisions of 2006-07 labor agreement between City of Richfield and International Union of Operating Engineers Local 49 Staff Report No. 37 Notes: 13. Consideration of resolution authorizing acceptance of State of Minnesota Cooperative Agreement between State of Minnesota and City of Richfield to exchange parcels of land in vicinity of 66th Street and Cedar Avenue/Trunk Highway 77 in conjunction with bridge construction and widening of 66th Street Staff Report No. 38 Notes: OTHER BUSINESS 14. Consideration of parking policy along designated bike route on 76th Street, west of Lyndale Avenue Staff Report No. 39 Notes: 15. Consideration of requesting Metro Transit to move bus stop on southbound Lyndale Avenue from south of 66th Street to north of 66th Street Staff Report No. 40 Notes: CITY MANAGER'S REPORT 16. City Manager's report Notes: 17. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 6A 23 STAFF REpORT CITY COUNCIL MEETING FEBRUARY 14, 2006 REpORT PREPARED By: CHRIS REGIS, FINANCE MANAGER NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: First reading of transitory ordinance providing funding for certain capital improvements from the Special Revenue Fund. . 1. RECOMMENDED ACTION: By Motion: Approve first reading of the transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements and schedule public hearing and second readina .for March 14, 2006. I II. BACKGROUND I . At the December 13, 2005 City Council meeting, the City Council authorized $500,000 of Special Revenue Funds for improvements to several City recreation capital improvements in 2006. . Included in the $500,000 are: . $187,000 Outdoor Pool renovation loan repayment . $100,000 for Major Park maintenance projects . $50,000 for Ice Arena Second Sheet Loan Repayment . $77,000 for Ice Arena Parking Lot Reconstruction . $36,000 Lincoln Field and other ballfield improvements . $50,000 for Liquor Store Internal Loan . In addition, the 2006 Capital Improvement Budget also provides for expenditures for all types of funds contained in the budget including municipal state aid;'user fees, federal grants and state grants. . Authorization by ordinance is not required for expenditures other than Special Revenues. 0214Transitory Ord I III. BASIS OF RECOMMENDATION I I A. POLICY I . City Charter Section 7.12, Subd. 2 requires that Special Revenue Funds used for capital improvements must be authorized by ordinance. . This process provides for public input through a public hearing. I B. CRITICAL ISSUES I . Under Section 3.09 of the City Charter, a transitory ordinance becomes effective 30 days after publication of the second hearing notice. . The ordinance requirements must be completed early enough in 2006 so that the capital projects can be initiated on a timely basis, completed and the funds expended. . In order for the timely start of the projects under consideration in the Capital Improvement Budget, it is suggested that the first reading of the transitory ordinance take place on February 14 and a public hearing and second reading be completed at the March 14, 2006 City Council meeting. I C. FINANCIAL I . While the total 2006 Capital Improvements Budget (CIB) includes total budgeted expenditures of $27,880,000 the portion of CIB concerning proposed funding from the SpeCial Revenue fund is $ 500,000. Outdoor Pool Renovation Loan Repayment Park Maintenance Ice Arena Second Sheet Loan Repayment Ice Arena Parking Lot Reconstruction Lincoln Field and otherballfied improvements Liquor Store Internal Loan 187,000 100,000 50,000 77,000 36,000 50,000 . A transitory ordinance is necessary to finalize these appropriations pursuant to City Charter. . The source of Special Revenue funds is municipal liquor profits. I D. LEGAL I . The City Charter requires that a transitory ordinance be used to authorize the expenditure of Special Revenue funds. I IV. ALTERNATIVE RECOMMENDATION(S) I . The City Council could postpone the first reading of the transitory ordinance to a future City Council meeting. . The City Council could decide to authorize none or only a portion of the expenditures identified from special revenue in the CIB. I V. ATTACHMENTS I . An ordinance providing for the expenditure of money from the Special Revenue Fund for certain capital improvements. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING. . None loA -I BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS CITY OF RICHFIELD DOES ORDAIN: Section 1: It is found and determined to be necessary and expedient for the City to expend money from the Special Revenue Fund for the making of capital improvements listed in Section 2 hereof, for which the City would be authorized to issue general obligation bonds. Section 2: The capital improvements and amounts of expenditures for such improvements which are authorized to be paid from the Special Revenue Fund under Section 7.12, Subdivision 2 of the City Charter, are as follows: Outdoor Pool Renovation Loan Repayment Park Maintenance Ice Arena Second Sheet Loan Repayment Ice Arena Parking Lot Reconstruction Lincoln Field and Ballfield Improvements Liquor Store Internal Loan $ 187,000 $ 100,000 $ 50,000 $ 77,000 $ 36,000 $ 50,000 Section 3: The expenditures herein authorized shall be made pursuant to such contracts as are authorized from time to time by Council action. Passed by the City Council of the City of Richfield this 14th day of February, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 6B 24 STAFF REpORT CITY COUNCIL MEETING FEBRUARY 14, 2006 REpORT PREPARED By: STEVEN L. DEVICH, CITY MANAGER NAME, TITLE REpORT PRESENTER: REVIEWED BY CITY MANAGER: ;;3 ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution establishing authority for a Health Care Savings Plan for the International Union of 0 eratin En ineers, Local 49 Bar ainin Unit Em 10 ees. I. RECOMMENDED ACTION: By Motion: Adopt a resolution authorizing the City Manager to execute a Letter of Agreement establishing a Health Care Savings Plan for International Union of Operating Engineers (IUOE), Local 49 bargainina unit employees. I II. BACKGROUND In 2001 the Minnesota legislature granted authority to the Minnesota State Retirement System (MSRS) to offer a post retirement health care savings plan to eligible employees of the State of Minnesota and other governmental subdivisions. MSRS was authorized to administer these plans after they were adopted by governmental subdivisions throughout the state. A post retirement health care savings plan is an employer-sponsored program that allows employees to save money to pay medical expenses and/or health insurance premiums after termination of public service. Employees are able to choose among different investment options provided by the State Board of Investment. Assets contributed into the program are tax-free, accumulate tax free, and if used for medical expenses, remain tax-free. 2/14 L&T HCSP Legal authority to establish such plans is provided through Minn. Stat. 352.98 and Internal Revenue Service rulings. The establishment of each plan, including the contribution formula must be negotiated when dealing with a collective bargaining unit or personnel policy where non-union employees are involved. Once established, the plan must be filed with MSRS to initiate the program. Participation for each individual employee within a bargaining or employee group is mandatory once the plan is established for that respective group. Moreover, the amounts contributed for or by each employee in a particular group must be the same for every employee of the group. Contributed amounts between employee groups may vary, however. To date, General Services, Management, Patrol Officers and Detectives and the Police Supervisory employee groups have established a City-approved Health Care Savings Plan. The IUOE, Local 49 bargaining unit, which is comprised of approximately 39 members, has approved the attached plan based upon a majority vote of the eligible employees voting on the matter. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The State Statutes have been amended to provide the opportunity for a very valuable benefit to City employees. The City of Richfield is pursuing this benefit with employee groups that are interested in such a mandatory plan. . Approval by the City Council of the resolution will provide the City authority to proceed with this program for employees who are represented by a collective bargaining agreement through the IUOE, Local 49. I B. CRITICAL ISSUES I . There is no time-critical issue pertaining to the implementation of this plan. However, the IUOE, Local 49 bargaining unit has expressed a desire to implement the program effective March 6, 2006. . After City approval, this plan must be submitted to MSRS for their approval and filing. I C. FINANCIAL I . There is no cost to the City in this version of the plan since the City makes no contribution. In fact, there is a cost savings to the City in that wages and severance pay that the employee contributes to the Health Care Savings Plan are not subject to Social Security or Medicare contributions. . The plan provides a great tax savings to the participating employees and provides a tax mechanism to fund post retirement medical costs. I D. LEGAL . There is legal authority for this plan in the Minnesota Statutes and IRS Code. A Letter of Agreement between the City of Richfield and IUDE, Local 49 will provide the full local authorization for this plan. I IV. ALTERNATIVE RECOMMENDATION(S) I . The City Council could decide not to approve this plan or to pursue a change to the employee contribution limits proposed. However, if the City Council chooses to do so, this program must be renegotiated with the employee group, if there is still an interest to proceed. I V. ATTACHMENTS . Resolution . Policy regarding Health Care Savings Plan . Letter of Agreement -IUDE, Local 49 Health Care Savings Plan I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None (pt3--{ RESOLUTION NO. RESOLUTION APPROVING LETTER OF AGREEMENT BETWEEN THE CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 ESTABLISHING A POST RETIREMENT HEALTH CARE SAVINGS PLAN WHEREAS, Laws of Minnesota 2001, chapter 352.98, authorizes the Minnesota State Retirement System (MSRS) to offer a Post Retirement Health Care Savings Plan (Plan) program to state employees, as well as, other governmental subdivisions; and WHEREAS, the Internal Revenue Service Code provides for such Plans; and WHEREAS, the City of Richfield is interested in offering the Plan to eligible City employees as a tax free method for employees to set aside money to cover the ever increasing costs of health insurance and medical costs after termination of public employment; and WHEREAS, such plans must be established by the employee group, either through a collective bargaining agreement for union employees or a personnel policy for employees not covered by a collective bargaining agreement; and WHEREAS, the provisions of a Plan have been agreed upon by Labor and Trades employees, represented by IUDE, Local 49. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield hereby approves a Letter of Agreement establishing a Health Care Savings Plan for Labor and Trades employees represented by IUDE, Local 49 in the City of Richfield. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of February 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk &;fJ-9- Policy: International Union of Operating Engineers, Local 49 Retirement Health Care Savings Plan Approved by: Richfield City Council on February 14, 2006. Effective Date: March 6, 2006 Page: 1 of 1 Plan Purpose Post Retirement Health Care Savings Plan Eligibility to Participate Contribution Formula HCSP Administration The City of Richfield is interested in establishing a means for eligible employees to participate in a mandatory program to help defray some of the costs of post employment health related expenses, including health insurance premiums using pre-tax dollars. Participation in the Post Retirement Health Care Savings Plan, administered by the Minnesota State Retirement System (MSRS), is intended to provide an opportunity to accomplish that goal. The Post Retirement Health Care Savings Plan (HCSP) is an Employer sponsored program that allows eligible employees to: 1) defer payment of a portion of unused vacation and personal leave as a severance payment at the time of termination to pay for eligible health insurance premiums and/or health expenses after separation from City service: and 2) defer a portion of an Employee's biweekly salary for deposit into their HCSP for the payment of qualified healthcare related expenses after separation from City service. Employees will be able to choose among several different investment options provided by the Minnesota State Board of Investment. Under the Plan, amounts contributed into the HCSP are tax-free and not subject to FICA contributions. Assets in the HCSP will accumulate tax- free and since payouts are used for qualifying medical expenses, they will also remain tax-free. Participation in the IUOE, Local 49 HCSP is mandatory for all employees that are members of the Richfield IUDE, Local 49 Pay Classification Plan at the time of termination of employment. Mandatory participation in the HCSP shall be in accordance with, and limited to the following formulas for contributions: I. Biweeklv Contribution 1. An eligible Employee will contribute $11 of their base biweekly wage to the Employee's account in the IUDE, Local 49 HCSP. The HCSP is authorized under the Internal Revenue Code and is administered by the Minnesota State Retirement System. to 1)- 3 LETTER OF AGREEMENT Between The City of Richfield And International Union of Operating Engineers Local #49 The City of Richfield (City) and International Union of Operating Engineers, Local 49 (Union) hereby mutually agree upon the following: I) A (Post Retirement) Health Care Savings Plan (HCSP) as described in Attachment A shall be implemented on the first payroll period as is reasonably feasible following the approval and notification to the City of Richfield of said HCSP by the Minnesota State Retirement System. II) The provisions of the HCSP as described in attachment A shall be made part of the next agreed upon collective bargaining agreement between the City and the Union. Said HCSP provisions may subsequently be amended upon the mutual agreement of the City and Union. The undersigned representatives for the Union and the City hereby agree this 14th day of February, 2006. For the Union: For the City: AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 6C 25 ...... STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 14, 2006 REpORT PREPARED By: MIKE KOOB, POLICE LIEUTENANT NAME, TInE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding an agreement between the State of Minnesota, acting through its Commissioner of Public Safety, State Patrol Division, and the City of Richfield, Public Safety Department, pertaininQ to Operation NightCAP. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the acceptance of grant funds not to exceed $1600 to be used for the payment of overtime for police officers involved in Operation NightCAP. I II. BACKGROUND I The Minnesota State Patrol coordinates alcohol enforcement saturations with local police departments throughout the state and has contacted Richfield Police to participate in the periodic saturations for alcohol enforcement in coordination with the State Patrol. The State of Minnesota, Commissioner of Public Safety, has awarded the Richfield Police Department reimbursements not to exceed $1600 for overtime to participate in the NightCAP Grant Program. The contract begins February 25, 2006 and expires May 20, 2006. 0214 Operation NightCAP I III. BASIS OF RECOMMENDATION I I A. POLICY I . Minnesota Statue 465.03 requires that the City approve a resolution accepting the grant money. I B. CRITICAL ISSUES I . The resolution needs to be signed by the Richfield City Council, adopted by two-thirds majority of its members. I C. FINANCIAL ..1 . The overtime paid to the officers will come from Grant funds. I D. LEGAL . N/A I IV. ALTERNATIVE RECOMMENDATION(S) I . Council could disapprove the resolution, which would void the agreement. I V. ATTACHMENTS . Resolution No. I VI. PRINCIP AL PARTIES EXPECTED AT MEETING . None (p e.-I RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD/POLICE TO PARTICIPATE JOINTLY WITH THE MINNESOTA STATE PATROL IN AN AGREEMENT WITH AND TO RECEIVE GRANT FUNDS FROM THE STATE OF MINNESOTA, COMMISSIONER OF PUBLIC SAFETY, TO PAY OVERTIME TO OFFICERS INVOLVED IN OPERATION NIGHTCAP. WHEREAS, the City of Richfield/Police would like to sign a contract with the State of Minnesota, acting through its Commissioner of Public Safety, State Patrol Division; and WHEREAS, the City of Richfield/Police would receive grant funds not to exceed $1600 for saturated overtime alcohol enforcement in coordination with the Minnesota State Patrol; and WHEREAS, the contract would cover saturated enforcement between February 25, 2006 through May 28, 2006. NOW, THEREFORE, BE IT RESOLVED that Richfield Public Safety/Police will enter into a grant agreement with the State of Minnesota, Commissioner of Public Safety, State Patrol for the project entitled Operation NightCAP, for February 25, 2006 through May 28, 2006. Public Safety Director Dan Scott is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Richfield Police Division and to be the fiscal agent and administer the grant. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of February 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 6D 26 ..... STAFF REpORT RI@HFIELD CITY COUNCIL MEETING FEBRUARY 14, 2006 REpORT PREPARED By: STEVEN L. DEVICH, CITY MANAGER NAME, TITLE COUNCIL PRESENTER: :::;j REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding an appointment to the Richfield Tourism Promotion Board. I. RECOMMENDED ACTION: By Motion: Adopt the resolution reappointing Russ Susag to the Richfield Tourism Promotion Board for a three-year term ending December 31,2008. I II. BACKGROUND I On June 25, 1990 the City Council approved an ordinance to levy a 3% tax on gross receipts of lodging from Richfield Hotels and Motels pursuant to Minnesota Statutes. The establishment of the Richfield Tourism Promotion Board, Inc. (RTPB) and the appointment of directors were also a part of the resolution. Currently, there are five director positions on the Board. The term of each appointment is for three years and terms are staggered to maintain Board continuity. The articles and bylaws of the RTPB provide that one director is a representative of the Richfield Chamber of Commerce. The current appointments to the RTPB and the ending dates of their terms are as follows: 1. Russ Susag, representing the Richfield Chamber of Commerce, term ending December 31,2005. 0224tourism 2. Rudy Hanuman, General Manager of Candlewood Suites, term ending December 31 , 2006. 3. Rhonda Osborn General Manager of Americlnn, term ending December 31, 2006. 4. Robyn Goolsbey, Hampton Inn, term ending December 31,2006. 5. Vacant, Motel 6, term ending December 31, 2006. The term of one member, Russ Susag, of the RTPB expired on December 31, 2005. The Richfield Chamber of Commerce requests that Mr. Susag be considered for reappointment to the RTPB (see attached letter). He has been an active and vital part of the RTPB in the past and deserves consideration for reappointment. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The City Council has the authority to make appointments to the RTPB. . The RTPB has typically included a representative from the Richfield Chamber of Commerce. . The Richfield Chamber of Commerce has requested that Mr. Susag be considered for reappointment to the RTPB. lB. CRITICAL ISSUES I . Although each member serves until a successor is appointed, Mr. Susag's terms expired on December 31,2005 and an appointment should be made as soon as possible. I C. FINANCIAL . There is no cost to the City. I D. LEGAL I . The appointment conforms to City ordinance and bylaws of the RTPB. I IV. ALTERNATIVE RECOMMENDATION(S) I . The City Council could decide not to appoint Mr. Susag to the RTPB. . The City Council could choose to review this matter at a future date. I V. ATTACHMENTS . Resolution. . Letter from Richfield Chamber of Commerce. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None. Co to-I RESOLUTION NO. RESOLUTION REAPPOINTING REPRESENTATIVE TO THE BOARD OF DIRECTORS OF THE RICHFIELD TOURISM PROMOTION BOARD, INC. WHEREAS, the City of Richfield has levied a 3% tax on the gross receipts of lodging from hotels and motels in the City pursuant to Minnesota Statute Section 169.190; and WHEREAS, Minnesota Statute Section 169.190 authorizes the proceeds of the tax to fund a Tourism Promotion Board for the purpose of marketing and promoting the City as a tourist or convention center; and WHEREAS, the articles and bylaws of the Richfield Tourism Promotion Board, Inc. provide the City Council of the City of Richfield appoint five (5) directors to the Board representing the Richfield hotel-motel properties and the Richfield Chamber of Commerce; and WHEREAS, each director shall serve as a director until his or her successor has been appointed and has qualified, or until his or her earlier disqualification, death, resignation, or removal; and WHEREAS, the term of Russ Susag, representative from the Richfield Chamber of Commerce, has expired and the Chamber has requested Mr. Susag bereappointed. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that the Richfield Tourism Promotion Board directors be modified as follows: Reappoint Russ Susag as Richfield Chamber of Commerce representative to the Richfield Tourism Promotion Board for a three-year term ending December 31,2008. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of February, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk &D-'2- ichfield CHAMBER OF COMMERCE February 6, 2006 The Honorable Martin J. Kirsch Mayor City of Richfield 6700 Portland Avenue South Richfield, MN 55423 Dear Mayor: The re appointment of Dr. Russ Susag to the Richfield Tourism Promotion Board (RTPB) is up for consideration by the Richfield City Council on Tuesday, February 14, 2006. The Richfield Chamber of Commerce respectfully requests your thoughtful consideration of Russ for re appointment to the RTPB. He has proven to be an excellent addition to the Board. We look forward to working with him for another term. SL:cs cc: Mr. Steven Larson, Board Chair "Serving Richfield Since 1955" 6601 LYNDALE AVENUE SOUTH, SUITE 106 · RICHFIELD, MN 55423 · TELEPHONE: (612) 866-5100 www.RichfieldChamberCVB.org AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 6E 27 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 14, 2006 REpORT PREPARED By: SALLY MORTON, IT MANAGER CHRIS REGIS, FINANCE MANAGER NAME, TITLE COUNCIL PRESENTER: REVIEWED By CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution appointing representatives to the LOGIS Board of Directors. 1. RECOMMENDED ACTION: By Motion: Approve a resolution appointing Chris Regis, Finance Manager, as Director and Sally Morton, Information Technologies Manager, as Alternate Director to the Local Government Information Systems Association Board of Directors. I II. BACKGROUND I LOGIS (Local Government Information Systems Association) is a consortium of 32 metro cities and government agencies providing computer applications for a variety of municipal functions. The organization also offers computer networking and security services and support. Richfield joined LOGIS in 1996 as an associate member. In 2002 the City upgraded its status to that of full participating member with a voting seat on the LOGIS Board of Directors. At that time the Council appointed Sally Morton, IT Manager, as Richfield's Director, and Steve Devich, then Administrative Services Director, as the Alternate Director. The Board meets 4 - 6 times a year to discuss goals and priorities and to review and approve the consortium's annual budget and work plans. Staff recommends that the Council change the City's representatives on the LOGIS Board by appointing Chris Regis, Finance Manager, as Richfield's representative to the Board of Directors and Sally Morton, IT Manager, as the alternate. This change 0214LOGISBoard is recommended for the purpose of rotating this position. It also removes the City Manager as the Alternate Director, a responsibility which can be handled by other City staff members. I III. BASIS OF RECOMMENDATION IA. POLICY . None. I B. CRITICAL ISSUES . None. I C. FINANCIAL I . There is no cost associated with this recommendation. I D. LEGAL . None. I IV. ALTERNATIVE RECOMMENDATION(S) I . The Council can take no action. This would leave the City's representation on the LOGIS Board unchanged. . The Council can appoint other staff members as the City's representatives. I V. ATTACHMENTS . Resolution. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None. (P~-I RESOLUTION NO. RESOLUTION APPOINTING REPRESENTATIVES TO THE LOGIS BOARD OF DIRECTORS WHEREAS, the City of Richfield is a full member of the Local Government Information Systems Association (LOGIS); and WHEREAS, this membership status allows the City to have a voting representative on the LOGIS Board of Directors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota,. that: 1. Chris Regis, Finance Manager, is appointed as the City's Director representative to the LOGIS Board of Directors; and 2. Sally Morton, Information Technologies Manager, is appointed as the City's Alternate Director representative to the LOGIS Board of Directors. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of February, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 6F 28 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 14, 2006 REpORT PREPARED By: STEVEN L. DEVICH, CITY MANAGER NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution supporting Two Wheels to Town bicycle initiative. I. RECOMMENDED ACTION: By Motion: Adopt a resolution of support for Two Wheels to Town bicycle initiative. I II. BACKGROUND I Richfield is a partner in a four-city collaborative called Two Wheels to Town (TWTT) that was formed to promote bicycle transportation. Representatives of TWTT have come to the City to seek City support for the bicycle initiative and to make employees and the community aware of this support. Th support requested requires only a minimum commitment of staff resources and little or no financial expenditure. However, the visible support of the bicycle initiative would be very valuable to furthering bicycle transportation in Richfield and the metropolitan area. I III. BASIS OF RECOMMENDATION I I A. POLICY I . Support for the TWTT initiative is being formalized in the form of a resolution. 0214TWTT I B. CRITICAL ISSUES I . Support for TWTT is sought at this time because of the upcoming spring bicycle season and the Center for Transportation Studies bicycle event on April 9 and 10, 2006 featuring the Mayor of Munster, Germany. I C. FINANCIAL I. . There is little or no financial outlay needed for this action as part of the current resolution of support. . Some very limited amount of staff time would be used to promote the bicycle initiative. . Minneapolis received a $25 million grant from the federal government to further bicycle transportation initiatives in the metro area. Richfield could directly benefit from this grant with the formal support for the biking initiative. I D. LEGAL I . There is no legal requirement for this action. . I IV. ALTERNATIVE RECOMMENDATION(S) I . The City Council could decide not to support the TWTT initiative. . The City Council could decide to support the TWTT initiative either to a greater or lesser degree than indicated in the resolution of support. I V; ATTACHMENTS . Resolution . TWTT information piece I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None. &P-I RESOLUTION NO. .~ RESOLUTION OF SUPPORT FOR TWO WHEELS TO TOWN BICYCLE INITIATIVE WHEREAS, the City of Richfield, is a partner in a four city collaborative (Two Wheels To Town) including the cities of Bloomington, Edina and Minneapolis, in an effort to promote . bicycle transportation in the Southwest Metro area; and WHEREAS, the ultimate goal of TWTT is to help the residents of the four cities understand that bicycles can be a real alternative for daily transportation, and WHEREAS, the City of Munster, Germany is a leader in bicycle transportation resulting in cleaner air, quieter streets and a stronger sense of community and serves as the model and inspiration for the TWTT initiative, 'and WHEREAS, the TWTT bicycle advocacy team has asked that the City of Richfield support their efforts to urge residents to utilize greater bicycle transportation opportunities to achieve the some type of benefits in Richfield. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield does hereby: 1) Support TWTT's mission and objectives, and 2) Approve a bicycle display of a commuter bicycle in a City facility commencing in the spring of 2006, and 3) Consider making application to become a Bicycle-Friendly Community (BFC), and 4) Commit to making employees aware of the City's support for such efforts, and 5) Commit to making use of a limited amount of the City's staff time and marketing efforts to gain media attention for the TWTT initiative. PASSED by the City Council of the City of Richfield this 14th day of February, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk _un. ~ ~~ (pF- ~ '1~7~,',','='-', ~ ~pv""'~,'~~ II,,'~"'~'~ f~ if5"'~ ~{F""f'C-'--"'~"=='LCJ,P'- ("'"",,,-=,,"=-" P-=. q',""lii"'"o=r==- --'"',"P"~ 41'>-,=''''''' F~ ,', ",~.,'o'" If..' ...,r=-rfJ' ' \\ ,vB'~~ll5r ~ r!J '" D'''''N ,,,,ee . ,. .' .",., i' ". i ,...., ,\ .! I . i, .' -'. ! i I ! I I , . ~~.~ I ..' \ \ I . i'" , I . ... (i The . Southwest Metro Bicycle (onneclion f.pF'3 TWTT "Two Wheels To Town..." TWTT's ultimate goal is to help people in Richfield, Bloomington, Edina and Minneapolis understand that bicycles can be a real alternative for daily transport. In Munster, Germany, for instance, over 35 percent of all transport is done on a bicycle. In Munster, the people are leaner, the air is cleaner, the streets are quieter, and the sense of community is stronger. No wonder it was voted the most livable city in the world for a city of its size (200 - 750,000 inhabitants). With terrain, climate and light conditions similar to the Twin Cities area, Munster has successfully challenged the tired model of "one person, one car." Munster is our model and inspiration. How can the Richfield Council and Mayor assist TWTT? . Provide Council support for TWTT's mission and objectives . Communicate your support to the various city staffs, ensuring their cooperation . Approve a bicycle display in City Hall, with signage, beginning early April 2006 . Commit to some modest amount of staff time . Make application to become a Bicycle-Friendly Community (BFC) . Use your city's marketing resources to gain media attention for our initiative We appreciate your time and consideration. TWIT Bicycle Advocacy Team James Sorensen David Gepner Gary Sjoquist AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 6G 29 ...... STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 14, 2006 REpORT PREPARED By: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: I2n REVIEWED By CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of a lawful gambling license for the Mpls-Richfield American Legion Unit #435 Auxiliary, 6501 Portland Avenue South, with a resolution approving the amblin activit re uested b the a licant. I. RECOMMENDED ACTION: By Motion: . Approve the request for the renewal of a lawful gambling license for the Mpls-Richfield American Legion Unit #435 Auxiliary, 6501 Portland Avenue South; and, . Approve the attached resolution allowing the #435 Auxiliary to conduct lawful gambling activity requested by the applicant in accordance with Richfield City Code 1100.13, subd.6. . I II. BACKGROUND I On December 30, 2005, Mpls-Richfield American Legion Unit #435 Auxiliary group submitted an application for renewal of their lawful gambling license. The Public Safety Department has conducted the required background investigation and has determined that the applicant has complied with all of the requirements. 0214 Renewal of Legion Auxiliary Gambling License I III. BASIS OF RECOMMENDATION I I A. POLICY I . Richfield City Code 1100.13 requires the Public Safety department to review the request for the gambling license and make its review and recommendation to the City Council. I B. CRITICAL ISSUES I . The applicant has complied with the state statutes and city code pertaining to lawful gambling. . The applicant has submitted the request within sixty days of the renewal of the license. . The applicant has demonstrated that the gambling activity requested is a benefit to the community. I C. FINANCIAL . N/A I D. LEGAL . N/A I IV. ALTERNATIVE RECOMMENDATION(S) I . Deny the request forthe issuance of a lawful gambling license for the Mpls- Richfield American Legion Unit #435 Auxiliary. This would mean that the applicant would not be able to conduct gambling activities within their establishment; however, the Public Safety Department has not found any basis for a denial. . I V. ATTACHMENTS . Resolution I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I . Representatives from the American Legion Auxiliary. CoG-/ RESOLUTION NO. A RESOLUTION GRANTING APPROVAL FOR THE MPLS-RICHFIELD AMERICAN LEGION UNIT #435 AUXILIARY TO CONDUCT LAWFUL GAMBLING WHEREAS, the Mpls-Richfield American Legion Unit #435 Auxiliary has submitted an application for a lawful gambling license; and WHEREAS, the application requests a license to conduct raffle operations; and WHEREAS, Minnesota State Statute Section 349.213 provides authority for review of applications by local authorities; and WHEREAS, Section 1100.13 of the Richfield City Code provides regulation of lawful gambling; and WHEREAS, the Department of Public Safety has completed an investigation of the application and finds the application to be in order. NOW THEREFORE, BE ITRESOLVED by the Mayor and Council, City of Richfield, Minnesota, as follows: 1. That a lawful gambling license be granted to the Mpls-Richfield American Legion Unit #435 Auxiliary, 6501 Portland Avenue South. Passed by the City Council of the City of Richfield, Minnesota this 14th day of February 2006. Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 6H 30 ...... STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 14, 2006 REpORT PREPARED By: KA TIA MEDVETSKI, REDEVELOPMENT SPECIALIST NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEw: r:r REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution consenting to assignments of Professional Services Agreements with Conworth, Inc. to SRF Consulting Group, Inc. for land acquisitions services related to Airport Noise Improvement Program (ANAP) and intersection improvements at 17th Avenue and 66th Street 1. RECOMMENDED ACTION: By Motion: Approve the attached resolution consenting to assignments of certain agreements. I II. BACKGROUND I . On April 23, 2002, September 27,2005, and November 7,2005, the City Council (City) approved three, separate Professional Services Agreements with Conworth, Inc. (Conworth) for certain acquisition services related to the purchase of properties for the Airport Noise Acquisition Program (ANAP), and alignment of a new intersection at approximately 17th Avenue and 66th Street, respectively. . The intersection project was encumbered under two, separate agreements - one for services relating to the acquisition of eight, single-family homes on the east side of 17th Avenue (four City funded and four MAC funded) and the other for an additional four properties. 21405 AssignConworthPSA . As of January 1, 2006, Conworth, Inc. (Conworth) was acquired by the SRF Consulting Group, Inc. (SRF). . Some agreements contain a Non-Assignment clause that provide for the assignment or transfer of the Agreement only by written permission of the City. . Personnel from Conworth who were performing the contract for Conworth are now employees of SRF and will continue to perform the agreements on behalf of SRF. . The attached resolution provides the necessary consent. I III. BASIS OF RECOMMENDATION I I A. POLICY I . Some of the Professional Services Agreement between the City of Richfield and Conworth contain a Non-Assignment clause that provides for the proper assignment and transfer of the Agreement by the City to SRF Consulting Group, Inc. I B. CRITICAL ISSUES I . The consent to the assignment of two of the three agreements from Conworth to the SRF requires the written permission of the City. . The third agreement that does not contain a Non-Assignment clause is being assigned to maintain consistency. . Staff would like to expedite the consent to the assignment to allow the consultant to carry on with land acquisition services in accordance with the agreements. I C. FINANCIAL I . There is no impact on the contracted fees for this undertaking. I D. LEGAL I . Staff consulted with legal counsel on this matter. I IV. ALTERNATIVE RECOMMENDATION(S) I . Delay approval of the consent; however, the contractor will not be able to continue to perform his duties. . Do not approve the consent; however, this may have legal implications which have not been explored. I V. ATTACHMENTS . Resolution. . Professional Services Agreements (Attachment A, B, and C) I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A &(1--1 RESOLUTION NO. RESOLUTION CONSENTING TO ASSIGNMENT OF CERTAIN CONTRACTS WHEREAS, the City of Richfield and Conworth, Inc. have entered into a certain Professional Services Agreement dated April 23, 2002, relating to the acquisition of properties for the Airport Noise Acquisition Program; and WHEREAS, pursuant to approval of the City Council of the City of Richfield on September 27,2005, the City of Richfield and Conworth, Inc. entered into a Professional Services Agreement pertaining to the acquisition of eight properties for intersection improvements at 17th Avenue and 66th Street; and WHEREAS, pursuant to approval of the City Council of the City of Richfield on November 7,2005, the City of Richfield and Conworth, Inc. entered into a Professional Services Agreement relating to the acquisition of four properties for intersection improvements at 17th Avenue and 66th Street; and WHEREAS, the agreements referenced above are collectively referred to as the "Agreements"; and WHEREAS, Conworth, Inc. has been acquired by SRF Consulting Group, Inc., and a request has been made that the City consent to the assignment of the Agreements to SRF Consulting Group, Inc.; and WHEREAS, the individuals who will perform the contract on behalf of SRF Consulting Group, Inc. are the same individuals who were formerly employed by Conworth, Inc. and had performed the Agreements on behalf of Conworth, Inc.; and WHEREAS, the City deems the assignment of the Agreements to be in the public interest. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The City of Richfield hereby consents to the assignment of the Agreements by Conworth, Inc. to SRF Consulting Group, Inc. 2. City staff is authorized and directed to provide a copy of this resolution to SRF . Consulting Group, Inc. as evidence of the City's consent to the assignment. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of February, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 21405 AssignConworthPSA , ' AT:r~CHMENT A '" _.,- ORIGINAL &J~-2. PROFESSIONAL SERVICES AGREEMENT Conworth, Inc. THIS AGREEMENT made and entered into by and between the City of Richfield, State of Minnesota, hereinafter referred to as the "CITY", and Gonworth, Inc., hereinafter referred to as "CONWORTH". WITNESSETH: /' WHEREAS, the CITY wishes to purchase the services of CONWORTH; and WHEREAS, there are funds available for the purchase of these services. NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the CITY and CONWORTH agree as follows: 1. TERMS AND COST OF THE AGREEMENT CONWORTH agrees to furnish services to the CITY for the implementation of various phases ofa land acquisition project that include acquisition, relocation, property management, and professional environmental services specifically related to 6601,6609,6615,6621,6627,6633,6639 and 6645 17th Avenue, as described in the CONWORTH proposal dated September 15, 2005. The total cost of this Agreement shall not exceed $65,800.00 unless amended by the CITY. This figure does not include the cost for demolition or other site clearance. Should these additional services be required, an amendment to the AGREEMENT will be necessary. All reports, memos, and other data produced by CONWORTH become the property of the CITY. 2. PAYMENT FOR SERVICES Invoices may be submitted monthly. Payment for services shall be made directly to CONWORTH by check. Invoices shall be of sufficient detail for the CITY to determine the line item task being completed. Payment shall be made within 30 days of receipt of an invoice by the CITY. The cost of the work conducted under this Agreement shall flot exceed $65,800.00 unless amended by the CITY. 3. INDEPENDENT CONTRACTOR CONWORTH shall select the means, method, and manner of performing the services herein in consultation with the CITY. Nothing is intended or should be construed in any manner as creating or establishing.the relationship of copartners between CONWORTH and the CITY or as constituting CONWORTH as the agent, representative, or employee of the CITY for any purpose or in any 1 " (p t-f~3 manner whatsoever. CONWORTH is to be and shall remain an independent contractor with respect to all services performed under this Agreement. CONWORTH represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Anyand all personnel of CONWORTH or other persons while engaged in the performance of any work or services required by this Agreement shall have no contractual relationship with the CITY, and shall not be considered employees of the CITY. Any and all claims that mayor might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against CONWORTH, its officers, agents, contractors, or employees shall in no way be the responsibility of the CITY. CONWORTH shall defend, indemnify, and hold the CITY, its officers, agents, and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the CITY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay, and PERA. 4. NONDISCRIMINATION The CITY operates in accordance with the City of Richfield's policies against discrimination. No person shall be excluded from or denied the benefits of any service performance or contemplated under the terms of this Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. CONWORTH shall (1) furnish all information and reports which may be required by the City's Affirmative Action Policy, and (2) itshall comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting (See Exhibit A). ' 5. INDEMNITY AND INSURANCE CONWORTH agrees to defend, indemnify, and hold the CITY, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including reasonable attorney, fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of CONWORTH, its agents, employees, or assignees in performance of the services provided by this contract, and against all loss by reason of the failure of CONWORTH to fully performance in any respect, all obligations under this contract. 2 " &H-~ 6. RECORDS - AVAILABILITY CONWORTH agrees that the CITY, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of CONWORTH and involve transactions relating to this Agreement. Records shall be retained for three years from date of final payment with respect to the project. 7. DATA PRACTICES COMPLIANCE This contract is governed by Minnesota Statutes, 9 13.05, subds. 6 and 11, the provisions of which are incorporated by reference into this contract. The CITY agrees to giveCONWORTH access to data collected or maintained by the CITY as necessary to perform CONWORTH 's obligations under this contract. CONWORTH agrees to maintain all data obtained from the CITY consistent with the requirements of the Minnesota Government Data Practices Act, Minn. Stat. 99 13.02 et seq. (the "Act"). CONWORTH will not release or disclose the contents of data classified as not public to any person except at the written direction of the CITY. CONWORTH agrees to defend and indemnify the CITY from any claim, liability, damage or loss asserted against CITY as a result of CONWORTH 's failure to comply with the requirements of this paragraph; provided that CONWORTH shall have no duty to defend or indemnify where the CONWORTH has acted in conformance with the CITY's written directions. Upon termination of this contract, CONWORTH agrees to return data to the CITY, as requested by the CITY. 8. NON-ASSIGNMENT CONWORTH shall not assign, subcontract, transfer, or pledge this contract and/or the services to be performed hereunder, whether in whole or in part, without the prior written consent of the CITY. 9. MERGER AND MODIFICATION a. It is understood and agreed that the entire Agreement between the parties is contained herein and that Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 3 (PR-5 10. DEFAULT AND CANCELLATION a. If CONWORTH fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Unless the default is excused, the CITY, may upon written notice, immediately cancel the Agreement in its entirety. b. The CITY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. ' c. This Agreement may be canceled without cause by either party upon thirty (30) days written notice. 11. CONTRACT ADMINISTRATION In order to coordinate the services of CONWORTH with the activities of the CITY so as to accomplish the purposes of this contract, Patrick Smith, Community Development Manager, shall manage this contract on behalf of the CITY. In addition, from time to time, meetings shall be held between CONWORTH and CITY staff. CONWORTH may also report directly to the City Council of the CITY. 12. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement shall be in writing. Notices shall be sent as follows: Community Development Department Patrick Sm ith Community Development Manager City Hall 6700 Portland Avenue South Richfield, MN 55423 Conworth, Inc. Ken Helvey 4725 Excelsior Boulevard Suite #200 Minneapolis, MN 55416 4 (p. rf ~ f.o CONWORTH signed this contract, and the CITY having duly approved this contract on I 2005, and pursuant to such approval and the proper CITY offi ials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. CITY OF RICHFIELD, MINNESOTA By: Jj~l~'W Martin L. r<ifScll Its: Ma)fOl\ i i \ i ~ I Ii /' C /'''J By. . ,/,,' ,S(e-y,n L. Devich Its: City Manager By: Its: 5 &H-l EXHIBIT A AFFIRMATIVE ACTION REQUIREMENTS On January 1, 1988, the Richfield City Council approved an affirmative action program which requires the City "to provide equality of opportunity in employment to all person and to prohibit discrimination because of race, color, religion, national origin, place of residents, political affiliation, disability, marital status, status with regard to public assistance, sex, or age in all aspects of the City's personnel policies, programs, and practices" . The program further requires that the City support the various relationships with contractors, subcontracts and vendors. Therefore, requirements have been adopted for contracts as follows: a. The contractor shall submit a signed statement (Exhibit B) signifying that they are in compliance with the standards of equal employment and anti-discrimination as cited in the Civil Rights Act of 1964 as amended in 1972 by the Equal Employment Opportunity Act. b. In accordance with the City of Richfield's Affirmative Action policy, no person shall, on the ground of race, creed, color, sex, age, disability, or national origin be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service, or activity for which the parties received, or will receive financial assistance under the provisions of any and all applicable federal and state laws against discrimination. The contractor will furnish all information and reports if required by the City of Richfield or by Executive Order No~ 11246 and Revised Order No. 4, and by the rules and regulations and orders of the Secretary of Labor or the State of Minnesota for purposes of investigation to ascertain compliance with such rules, regulations, and orders. c. 1971 Minnesota Statutes 181.59 is made a part of this contract. See Exhibit C. . . . &f-{-g EXHIBIT B STATEMENT OF COMPLIANCE The undersigned, in his/her capacity as agent for CONWORTH, hereby states that CONWORTH is in compliance with the standards of equal employment and anti- 'discrimination as cited in the Civil Rights Act of 1964 as amended in 1972 by the Equal Employment Opportunity Act. Dated: By: Its: . . fa H- Cj EXHIBIT C 181.59 DISCRIMINATION ON ACCOUNT OF RACE, CREED, OR COLOR PROHIBITED IN CONTRACT. Every contract for or on behalf of the State of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. History: 1941 c 238; 1973 c 123 art 5 s 7; 1984 c 609 s 11 .,..~ .' " .. f,.) &H-/D STATEMENT OF COMPLIANCE The undersigned, in his/her capacity as agentfor CONWORTH, hereby states that CONWORTH is in compliance with the standards of equal employment and anti- discrimination as cited in the Civil Rights Act of 1964 as nded in 1972 by the Equal Employment Opportunity Act. Dated: (Vi \1o( By: Its: . ; ATTACHMENT B &H-f{ PROFESSIONAL SERVICES AGREEMENT Conworth, Inc. THIS AGREEMENT made and entered into by and between the City of Richfield, State of Minnesota, hereinafter referred to as the "CITY", and Conworth, Inc., hereinafter referred to as "CONWORTH". WITNESSETH: WHEREAS, the CITY wishes to purchase the services of CONWORTH; and WHEREAS, there are funds available for the purchase of these services. NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the CITY and CONWORTH agree as follows: . 1. TERMS AND COST OF THE AGREEMENT CONWORTH agrees to furnish services to the CITY for the implementation of various phases of a land acquisition project that include acquisition, relocation, property management, and professional environmental services specifically related to 6600 17th Avenue, 6601 16th Avenue, 1614 East 66th Street, and 1620 East 66th Street, as described in the CONWORTH proposal dated October 28, 2005. The total cost of this Agreement shall not exceed $33,500.00 unless amended by the CITY: This figure does not include the cost for demolition or other site clearance. Should these additional services be required, an amendment to the AGREEMENT will be necessary. All reports, memos, and other data produced by CONWORTH become the property of the CITY. 2. PAYMENT FOR SERVICES Invoices may be submitted monthly. Payment for services shall be made directly to CONWORTH by check. Invoices shall be of sufficient detail for the CITY to determine the line item task being completed. Payment shall be made within 30 days of receipt of an invoice by the CITY. The cost of the work conducted under this Agreement shall not exceed $33,500.00 unless amended by the CITY. 3. INDEPENDENT CONTRACTOR CONWORTH shall select the means, method, and manner of performing the services herein in consultation with the CITY. Nothing is intended or should be construed in any manner as creating or establishing the relationship of ro /1- -- 12- copartners between CONWORTH and the CITY or as constituting CONWORTH as the agent, representative, or employee of the CITY for any purpose or in any manner whatsoever. CONWORTH is to be and shall remain an independent contractor with respect to all services performed under this Agreement. CONWORTH represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of CONWORTH or other persons while engaged in the performance of any work or services required by this Agreement shall have no contractual relationship with the CITY, and shall not be considered employees of the CITY. Any and all claims that mayor might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against CONWORTH, its officers, agents, contractors, or employees shall in no way be the responsibility of the CITY. CONWORTH shall defend, indemnify, and hold the CITY, its officers, agents, and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal, agency," board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the CITY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay, and PERA. 4. NONDISCRIMINATION The CITY operates in accordance with the City of Richfield's policies against discrimination. No person shall be excluded from or denied the benefits of any service performance or contemplated under the terms of this Agreement on the grounds of race, color,creed, religion, age, sex, disability, marital status, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. CONWORTH shall (1) furnish all information and reports which may be required by the City's Affirmative Action Policy, and (2) it shall comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting (See Exhibit A). 5. INDEMNITY AND INSURANCE CONWORTH agrees to defend, indemnify, and hold the CITY, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including reasonable attorney, fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of CONWORTH, its agents, employees, or assignees in performance of the services provided by this contract, and against all loss by reason of the &H-13 failure of CONWORTH to fully performance in any respect, all obligations under this contract. 6. RECORDS - AVAilABILITY CONWORTH agrees that the CITY, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of CONWORTH and involve transactions relating to this Agreement. Records shall be retained for three years from date of final payment with respect to the project. 7 . DATA PRACTICES COMPLIANCE This contract is governed by Minnesota Statutes, S 13.05, subds. 6 and 11, the provisions of which are incorporated by reference into this contract. The CITY agrees to give CONWORTH access to data collected or maintained by the CITY as necessary to perform CONWORTH 's obligations under this contract. CONWORTH agrees to maintain all data obtained from the CITY consistent with the requirements of the Minnesota Government Data Practices Act, Minn. Stat. 99 13.02 et sea. (the "Act"). CONWORTH will not release or disclose the contents of data classified as not public to any person except at the written direction ofthe CITY. CONWORTH agrees to defend and indemnify the CITY from any claim, liability, damage or loss asserted against CITY as a result of CONWORTH 's failure to comply with the requirements of this paragraph; provided that CONWORTH shall have no d.uty to defend or indemnify where the CONWORTH has acted in conformance with the CITY's written directions. Upon termination of this contract, CONWORTH agrees to return data to the CITY, as requested by the CITY. 8. NON":ASSIGNMENT CONWORTH shall not assign, subcontract, transfer, or pledge this contract and/or the services to be performed hereunder, whether in whole or in part, without the prior written consent of the CITY. 9. MERGER AND MODIFICATION a. It is understood and agreed that the entire Agreement between the parties is contained herein and that Agreement supersedes all oral agreements and negotiations between the parties relating to.the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. (PH ~l+ b. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 10. DEFAULT AND CANCELLATION a. If CONWORTH fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Unless the default is excused, the CITY, may upon written notice, immediately cancel the Agreement in its entirety. b. The CITY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. c. This Agreement may be canceled without cause by either party upon thirty (30) days written notice. 11. CONTRACT ADMINISTRATION In order to coordinate the services of CONWORTH with the activities of the CITY so as to accomplish the purposes of this contract, Patrick Smith, Community Development Manager, shall manage this contract on behalf of the CITY. In addition, from time to time, meetings shall be held between CONWORTH and CITY staff. CONWORTH may also report directly to the City Council of the CITY. 12. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement shall be in writing. Notices shall be sent as follows: Community Development Department Patrick Smith Community Development Manager City Hall 6700 Portland Avenue South Richfield, MN 55423 Conworth, Inc. Ken Helvey C& 1-1 ~ I b 4725 Excelsior Boulevard Suite #200 Minneapolis, MN 55416 CONWORTH having signed this contract, and the CITY having duly approved this contract on--/1AY..i1'J1i:l.bi ~ ' 2005, and pursuant to such approval and the proper CITY officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. CITY OF RICHFIELD, MINNESOTA 1 , . n \ I ~ . / i i ' ~ ' i t:'v1t At'-iDf'\ By: C' ~..,. . .-'J /'1 ".<'~' "..,1, , .. ". \ ,.' 'l . A,.' '.-,,1 /' / /,j1N/.rJ.rJ \ f"" irsch-./) Its: ven L. Devich Its: City Manager ~ CONWORTH, I);. I / By: ~ V v Ken Helvey Its: Vice Preside t (pH,- / (p EXHIBIT A AFFIRMATIVE ACTION REQUIREMENTS On January 1, 1988, the Richfield City Council approved an affirmative action program which requires the City "to provide equality of opportunity in employment to all person and to prohibit discrimination because of race, color, religion, national origin, place of residents, political affiliation, disability, marital status, status with regard to public assistance, sex, or age in all aspects of the City's personnel policies, programs, and practices" . The program further requires that the City support the various relationships with contractors, subcontracts and vendors. Therefore, requirements have been adopted for contracts as follows: a. The contractor shall submit a signed statement (Exhibit B) signifying that they are in compliance with the standards of equal employment and anti-discrimination as cited in the Civil Rights Act of 1964 as amended in 1972 by the Equal Employment Opportunity Act. b. In accordance with the City of Richfield's Affirmative Action policy, no person shall, on the ground of race, creed, color, sex, age, disability, or national origin be excluded fromJull employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service, or activity for which the parties received, or will receive financial assistance under the provisions of any and all applicable federal and state laws against discrimination. The contractor will furnish all information and reports if required by.the City of Richfield or by Executive Order No. 11246 and Revised Order No, 4, and by the rules and regulations and orders of the Secretary of Labor or the State of Minnesota for purposes of investigation to ascertain compliance with such rules, regulations, and orders. c. 1971 Minnesota Statutes 181.59 is made a part of this contract. See Exhibit C. (p J-f,. /7 EXHIBIT B STATEMENT OF COMPLIANCE The undersigned, in his/her capacity as agent for CONWORTH, hereby states that CONWORTH is in compliance with the standards of equal employment and anti- discrimination as cited in the Civil Rights Act of 1964 as amended in 1972 by the Equal Employment Opportunity Act. Dated: By: Its: (PH~J8 EXHIBIT C 181.59 DISCRIMINATION ON ACCOUNT OF RACE, CREED, OR COLOR PROHIBITED IN CONTRACT. Every contract for or on behalf of the State of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person' or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. History: 1941 c 238; 1973 c 123 art 5 s 7; 1984 c 609 s 11 . .. r ~.. " (pH--IC{ STATEMENT OF COMPLIANCE The undersigned, in his/her capacity as agent for CONWORTH, hereby states that CONWORTH is in compliance with the standards of equal employment and anti- discrimination as cited in the Civil Rights Act of 1964 as amended in 1972 by the Equal Employment Opportunity Act. 1,1 ~ Dated: illl~/6,) By: b / l+ V"f Its: (p[-t ~Jo PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT entered into this Z5.,d day of ~,.; ( ,2002, by and between the City of Richfield, Minnesota, hereinafter referr d to as the "Contractor" and Conworth, Inc. hereinafter referred to as the "Consultant." ATTACHMENT C WITNESETH THAT: WHEREAS, the Contractor proposes to acquire certain property under the Airport Noise Acquisition Program, as described in "Exhibit A" and "Exhibit 8" and desires that the Consultant furnish the Contractor certain services with respect to such property including and inclusive of the services described in this Agreement and the Consultant represents that it is fully qualified to perform such services and will provide such services; and WHEREAS, the services to be provided under this Agreement are necessary to achieve the purposes of the Contractor's project, the Uniform Real Property Acquisition and Relocation Policies Act of 1970, as amended and of the implementing regulations applicable thereto. ' NOW, THEREFOREs be it i'esolved that the Contractor and the Consultant, .for the consideration and under .the conditions hereinafter set forth, do agree as follows: . A. Services 1. Acquisition of Properties: The Consultant will perform services related to the purchase of property including preparation and presentation of the offering letter, negotiations, organization and maintenance of the files in conformance with applicable regulations. 2. Residential Relocation Services Implementing the Project: a. The Consultant will distribute an information booklet on residential relocation assistance and all appropriate forms and data to each resident expected to be displaced. At this time the Consultant will: 1) Obtain a signed receipt for the informational booklet provided by the Consultant in accordance with applicable regulations. 2) Explain the residential relocation program and the resident's responsibilities to receive benefits. 3) Explain how to receive various kinds of assistance in finding replacement housing. 4) Survey the resident's relocation needs. 1 (p H~d-I 5) Advise residents of their right to appeal the amount of each payment and the services, as well as the procedure to foJlow. b. Upon the Contractor's initiation of negotiations to acquire the project site, the Consultant will: 1) Analyze existing data to determine eligibility of the resident's relocation expenses for compensation. 2) Assist the resident in determining the most advantageous payment alternatives to claim and provide further instructions on how to proceed. c. Moving Expense Claims. 1) Advise the resident of the two types of payment for moving: fixed payment schedule and actual reasonable moving expenses. 2) Review the fixed moving schedule and advise the resident of the benefits under the fixed payment move costs option. 3) If choosing the actual move costs option, advise the resident on procedure to obtain required bids. 4) Assist the resident when necessary in preparing moving specifications. 5) Act when appropriate as agent in regard to accepting bids. 6) Analyze the bids to determine their reasonableness. 7) Notify the resident of the low acceptable bids. 8) When appropriate inspect the move of personal property while.in progress. 9) Assist the resident in assembling all invoices, paid receipts and other documentation necessary to substantiate the relocation claim. 10) When necessary analyze billings to determine their reasonableness. 11) Assemble the appropriate claim forms and documentation for signature and submission to the Contractor for approval. d. Replacement Housing Payment. 1) Determine eligibility of the resident to receive this relocation payment. 2) Survey the housing market and prepare a comparable housing analysis to determine the limit on amount of payment. 2 (PH-~ 3) Inspect the replacement housing to determine if the dwelling meets the requirements of decent, safe and sanitary housing. 4) Analyze the mortgage data on the acquired and replacement dwellings to determine eligibility for an interest differential payment. 5) Assemble the appropriate claim forms and documentation for signature and submission for approval. e. Other. 1) The Consultant shall prepare, at the Contractor's request, the required and proper formats to be used by the Contractor in notifying occupant(s) being displaced about their relocation eligibility and benefits to which they may be entitled. The Consultant will also, upon the Contractor's request, assist the Contractor in the preparation of the required notices to vacate for delivery to the residents. 2) The Consultant shall search for replacement sites for the residents being displaced and refer suitable, comparable housing found to each resident. The Consultant shall expend appropriate and necessary time searching for such referrals, documenting all time expended. The Consultant does not warrant that suitable referrals will be found. f. Recommendations. The Consultant will transmit to the Contractor the relocation claim(s) for its action. Recommendations will include the amount of payment to be made and any special considerations. Recommendations will be made in a detailed written format satisfying required regulations. g. In completing this Agreement, the Consultant does not assume the responsibility for: . 1) Preparation of status reports; 2) Accounting and recordkeeping (except as related to the specific claim); 3) Arrangement of real estate closings on replacement housing; 4) Payment for replacement housing appraisals and moving cost estimates and/or bids; or 5) Work associated with a relocation grievance. 3 (p t-J -~ 3 3. Business Relocation Services Implementing the Project a. The Consultant will distribute an informational booklet on business relocation assistance and all appropriate forms and data to each business expected to be displaced. At this time the Consultant will: 1) Obtain a signed receipt for the informational statement provided by the Consultant in accordance with applicable regulations. 2) Explain the business relocation program and the business's responsibilities to receive benefits. 3) Explain how to receive various kinds of assistance in finding new locations. 4) Survey the business's relocation needs. 5) Advise the business's owner(s) of their right to appeal the amount of each payment and,the services provided, as well as the procedure to follow. b. Upon the Contractor's initiation of negotiations to acquire the project site, the Consultant will: 1) Analyze the existing data to determine the appropriate documentation required and determine the eligibility of the business's relocation expenses for , compensation. 2) Check the personal property inventory against the acquisition data to verify that each item on the inventory is personal property and eligible for relocation. 3) Assist the business in determining the more advantageous payment alternative to claim and provide further instructions on how to proceed. c. Moving Expense Claims. 1) Assist the business in preparing specifications for work generally eligible for compensatioh. 2) Advise when necessary on procedure to obtain required bids. 3) Act when appropriate as agent in regard to accepting bids. 4) Analyze the bids to determine their reasonableness. 5) Notify the business of the low acceptable bid. 6) When appropriate inspect the move of personal property while in progress. 4 (P t-I-d + 7) Assist the business in assembling all invoices, paid receipts, and other documentation necessary to substantiate its relocation claim. 8) When necessary, analyze billings to determine their reasonableness. 9) When appropriate, advise claimant of eligible reestablishment costs and assist in assembling documentation of costs incurred. 10) Assemble the appropriate claim form and documentation for signature and submission for approval. d. Direct Loss Claims 1) Develop a moving cost estimate and secure a direct loss appraisal for each item not to be moved. 2) Obtain business and contractor approval of the appraisal and moving estimate. 3) Notify the business to proceed with the sale and provide instructions regarding necessary recordkeeping. 4) Assist when necessary in the preparation of advertising. 5) If necessary determine that bonafide sale requirements have been met. 6) Assist the business with preparation of necessary documents and obtain required certifications of sales receipts, advertising, and so forth. e. Fixed Payment Claims. 1) Determine eligibility of the business to receive this alternate payment. 2) Review and analyze IRS or other appropriate documents to determine limit of the payment. 3) Assemble the appropriate claim forms and documentation for signature and submission for approval. f. Other. 1) The Consultant shall prepare, at the Contractor's request, the required and proper formats to be used by the Contractor in notifying occupant being displaced about their relocation eligibility and benefits to which they may be entitled. The Consultant will also, upon the Contractor's request, assist the Contractor in the preparation of the required notices to vacate for delivery to the residents. 5 ',--..~......-' (p (-l-dS" 2) The Consultant shall search for replacement sites for the businesses being displaced and refer available suitable sites found to each business. The Consultant shall expend appropriate and necessary time searching for such referrals, documenting all time expended. The Consultant does not warrant that suitable referrals will be found. g. Recommendations. The Consultant will transmit to the Contractor the relocation claim(s) for its action. Recommendations will include the amount of payment to be made and any special considerations. h. In completing this Agreement, the Consultant does not assume the responsibility for: '1) Preparation of status reports; 2) Accounting and recordkeeping (except as related to the specific claim); 3) Payment for direct loss appraisals, property analyses, and moving cost estimates and/or bids; or . 4) Work associated with a relocation grievance. 4. Relocation Planning Services a. The Consultant will provide relocation survey services which will include the following: 1) An estimate of the number of households to be displaced including information such as owner/tenant status, rental rates of tenant-occupied properties to be acquired, family characteristics, and special consideration of the impacts on minorities, the elderly, large families, and the handicapped when applicable. 2) An estimate of the number of comparable replacement dwellings in the area (including price ranges and rental rates) that are expected to be available to fulfill the needs of those households displaced. 3) An estimate of the number, type, and size of the businesses to be displaced and the approximate number of employees that may be affected. 4) Consideration of any special relocation advisory services or possibility of last resort housing needs that may be required for the project relocations. 6 (p H ~d-- (p B. Data to be Furnished by Contractor. The Contractor. does hereby agree to furnish to the Consultant any such and all data, documents, studies, surveys, reports, or other materials and services mutually agreed upon by the Contractor and the Consultant as being relevant to this effort. All such data, documents, studies, surveys, reports and other materials and services shall be provided to the Consultant in a timely manner in light of the purpose of this Agreement. C. Compensation. The Contractor agrees to make monthly payment to the Consultant in the amount of $70.00 per hour, portal to portal, for each and every hour expended. All office overhead, secretarial services and other supportive services shall be included within such hourly charge. The Agreement amount shall not exceed $126,750.00 for the property listed in Exhibit A and $225,000.00 for the property listed in Exhibit B. D. Method of Payment Monthly requisitions will be made subject to receipt of an invoice from the Consultant specifying the time and subject matter for which it has peliormed the work under this Agreement, and that it is entitled to receive the amount requisitioned under the terms of the Agreement. The Contractor will make payment on such invoices within 35 days from submission; provided, however, that payment shall not be made for any incomplete, inaccurate, or defective work until same is remedied by Consultant without additional cost to the Contractor. E. Scope of Work. To provide services as delineated in the Agreement in support of the Airport Noise Acquision Program. F. Court Preparation. It is understood and agreed that the amount of compensation stated above does not include necessary court preparation and testimony, and that in the event the testimony of the Consultant is required in any legal proceeding in connection with the relocation of occupants for the project. The Consultant agrees to bring its file up to date, to make the necessary preparations for testimony, and to appear as a witness on behalf of the Contractor on the dates required, and further agrees that the fair and reasonable compensation for its services shall be at the rate of $280.00 per half day, plus necessary and reasonable travel expenses. Any part of a day less than four hours expended by the Consultant shall constitute a half-day for the purpose of this section of this Agreement. 7 G. Agreement Period. & H -J-1 The Consultant shall commence performance of this Agreement upon execution of this Agreement, after the release of the project by the Contractor, and shall complete performance of this Agreement no later than April 1, 2004 for acquisition services related to all property, as identified in Exhibit A and Exhibit B. H. Interest of Certain Federal Officials. No member of or delegate to the Congress of the United States, and no other Federal Official, shall be admitted to any share or part of this Agreement or to any benefit to arise herefrom. I. Covenant Against Contingent Fees. The Consultant warrants that it has not employed or retained any company or persons, other than a bonafide employee or technical subcontractor working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company, or person other than a bonafide employee or technical subcontractor working solely for the Consultant any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach or violation of this warranty, the Contractor shall have the right to annul this Agreement with liability. J. Changes in Agreement The Contractor or the Consultant may, from time to time, request changes in the scope of the services to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consultant's compensation, which are mutually agreed upon by and between the Contractor and the Consultant shall be incorporated in written amendments to this Agreement. K. Termination of Agreement. The Contractor or the Consultant may terminate this Agreement or renegotiate this Agreement upon thirty (30) days written notice of such. In the event of termination, all property and finished or unfinished documents, data, studies, and reports purchased or prepared by the Consultant under this Agreement shall be disposed of according to Contractor directives and the Consultant shall be entitled to compensation for any unreimbursed expenses reasonably and necessarily incurred in satisfactory performance of this Agreement. L. Extent of Agreement. This Agreement represents the entire and integrated agreement between the Consultant and the Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Consultant and Contractor. 8 & H - J.-~ M. Personnel. 1. The Consultant represents that it has or will secure all personnel required in performing the services under this Agreement as provided above. 2. All of the services required hereunder will be performed by the Consultant or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services. N. Non-Discrimination. The Consultant will not discriminate against any employee, or applicant for employment because of race, creed, color, sex, national origin, religion, marital status, disability, status in regard to public assistance, or age. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex, national origin, religion, marital status, disability, status in regard to public assistance, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of payor other forms of compensation; "and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contractor setting forth the provisions of this nondiscrimination clause. In addition, the Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, marital status, disability, status in regard to public assistance, or age. O. Interest of Members of Contractor No member of the governing body of the locality in which the project is situated, and no other officer, employee, or agent of the Contractor who exercises any functions or responsibilities in connection with the carrying out of services to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Ag reement. P. Interest of Consultant. The Consultant covenants that it presently has no interest and shall not acquire throughout the duration of this Agreement any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Consultant further covenants that in the performance of this Agreement no person having such an interest shall be employed. 9 [p 1--1 ' 'J- 9 a. Workmen's Compensation. The Consultant, at its expense, shall provide Workmen's Compensation insurance coverage for all of its employees involved in the performance of this Agreement. R. Copyright. If this Agreement results in any book or other copyrightable material, the Consultant is free to copyright the work, but the Contractor will have the right of royalty free, non-exclusive and irrevocable right to reproduce, publish or otherwise use the work for government purposes. S. "ATTACHMENT A" is hereby made a part of the Agreement. "ATTACHMENT A" consists of two pages containing ten numbered paragraphs. IN WITNESS WHEREOF, the Contractor and the Consultant have executed this Agreement on or as of the date above written. ::~ O;;~~f\~JNrw Martin J. Ki;s.J . . Its: Ma Attest: By: Attest: .~ ~ Its: By: Attest: '..~ r!fJ Ken Helvey Its: Vlck PT1-l.~llJG--I ANTONINA Y BARKER NOTARY PUBUC . MINNESOTA My CommJsslon Expires Jan. 31, 2005 10 {p H-3D EXHIBIT A Address PIO 6614 18th Ave. So: 26-028-24-41-0066 6620 18th Ave. So. 26-028-24-41-0067 6626 18th Ave. So. 26-028-24-41-0068 6632 18th Ave. So. 26-028-24-41-0069 663818th Ave. So. 26-028-24-41-0070 6644 18th Ave. So. 26-028-24-41-0071 6700 18th Ave. So. 26-028-24-41-0080 6701 18th Ave. So. 26-028-24-41--0107 6708 18th Ave. So. 26-028-24-41-0081 670918th Ave. So. 26-028-24-41-01 06 6714 18th Ave. So. 26-028-24-41-0082 6715 18th Ave. So. 26-028':'24-41-0105 6720 18th Ave. So. 26-028-24-41-0083 6721 18th Ave. So. 26-028-24-41-0104 6726 18th Ave. So. 26-028-24-41-0084 6727 18th Ave. So. 26-028-24-41-0103 673218thAve. So. 26-028-24-41-0085 6733 18th Ave. So. 26-028-24-41-0102 6738 18th Ave. So. 26-028-24-41-0086 6739 18th Ave. So. 26-028-24-41-0101 6744 18th Ave. So. 26-028-24-41-0087 6745 18th Ave. So. 26-028-24-41-0100 6700 Cedar Ave. So. 26-028-24-41-0096 11 (p {-t - 31 EXHIBIT B Address PIO 6328 Cedar Ave. So. 26-028-24-11-0059 6344 Cedar Ave. So. 26-028-24-11-0058 6400 Cedar Ave. So. 26-028-24-14-0067 6412 Cedar Ave. So. 26-028-24-14-0066 6444 Cedar Ave. So. 26-028-24-14-0065 6520 Cedar Ave. So. 26-028-24-14-0056 6528 Cedar Ave. So. 26-028-24-14-0055 12 Co [-l,-3Q. ATTACHMENT A 1. RIGHT TO AUDIT. To insure compliance with all applicable Federal regulations and laws, the Commissioner on the Minnesota Department of Transportation, hereinafter referred to as the "Commissioner," or his representative, shall have the right to audit, evaluate and . monitor, as deemed necessary, the work to be performed under this Agreement. In addition, as provided under Minn. Stat. Sec. 16.095, all books, records, documents and accounting procedures and practices of the City of Richfield hereinafter referred to as "Contractor," are subject to examination by the Commissioner or his authorized representative and either the legislative auditor or the State auditor as appropriate. 2. INSPECTION OF WORK. The Commissioner shall, at all times during the agreement and for the three (3) years from the date of the final payment of Federal funds to .the State with respect to the project, be accorded proper facilities for inspection of the work hereunder and shall at all times have access to the premises, to all books, records, correspondence, instruction, receipts, vouchers, memoranda . of every description pertaining to the work hereunder. The Federal Highway Administration shall have the same right of inspection as accorded the Commissioner herein. . 3. RECORDS. Contractor shall maintain accurate records as to all costs incurred in connection with the subject of this agreement and shall produce or cause to be produced for examination bills, invoices, vouchers and other reports and information at such reasonable time and place as may be designed by the Federal Highway Administration or by the Commissioner or his duly authorized representatives and shall permit extracts and copies to be made thereof. . 4. COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State and local laws, together with all ordinances and regulations applicable to the work. 5. NONDISCRIMINATION REGULATIONS. During the performance of this agreement, Contractor itself, its assignees and successors in interest agrees to comply with Title VI of the Civil Rights Act of 1964, as amended. Accordingly, 49 Code of Federal Regulations (CFR) 21 through Appendix Hand 23 CFR 710.405 (b) are made a part hereof by reference with the same force and effect as though fully set forth herein. 6. MINORITY BUSINESS ENTERPRISE POLICY. It is the policy of the Federal Department of Transportation and the State that Disadvantaged Business Enterprises and Women Business Enterprises as defined in 49 CFR, Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the requirements of 49 CFR, Part 23, apply to this agreement. In this regard, Contractor shall take all necessary and reasonable steps in accordance with 49 CFR, Part 23, to insure that Disadvantaged Business Enterprises and Women Business Enterprises have the maximum opportunity to 13 '. {p H~ 33 compete for and perform on contracts and subcontracts. The Contractor shall not perform on contracts and subcontracts. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of federally funded contracts under the terms of this agreement. Failure to carry out the above requirements shall constitute a breach of this agreement by the State, and possible debarment from performing other contractual services with the Federal Department of Transportation. 7. ANTITRUST CLAUSE. Contractor hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this agreement resulting from antitrust violations which arise under the antitrust laws of the United Stqtes and the antitrust laws of the State of Minnesota. - 8. SUBLETTING. The services of the consultant to be performed hereunder shall not be assigned, sublet, of transferred unless written authority to do so is granted by the County. This written consent shall in no way relieve the Consultant from primary responsibility for performance of the work. 9. WORKERS' COMPENSATION. Evidence of workers' compensation insurance coverage shall be provided to the City prior to beginning 'any work. . 10. OWNERSHIP OF DOCUMENTS. Any reports, studies, photographs, negatives, of other documents prepared by contractor in the performance on its obligation under this Agreement shall be the exclusive property of the City and all such material shall be remitted to the City by Contractor upon completion, termination, or cancellation of this Agreement. Contractor shall not use such material for any purpose other than performance of Contractor's obligation under this Agreement without the prior written consent of the City. ,. ~ 14 ""y'''' AGENDA SECTION: AGENDA ITEM # REPORT # CONSEBT 61 31 ~ STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 14, 2006 REpORT PREPARED By: THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: gr Pi REVIEWED ByCITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consider approval of a consulting agreement with SRF Consulting Group, Inc. for Right of Way and Relocation Services for the 66th Street and Portland Avenue Intersection Project. I. RECOMMENDED ACTION: By Motion: Authorize the Mayor and City Manager to enter into an agreement with SRF Consulting Group, Inc. for Right of Way and Relocation services on the 66th Street and Portland Avenue Project. I II. BACKGROUND I On October 25, 2005 Council approved a layout for the 66th Street and Portland Avenue Project. The layout will rE?quire the acquisition of both commercial and residential property. In order to purchase the necessary right of way, the City needs to hire a consultant to administer the right of way and relocation process. SRF Consulting Group, Inc. recently purchased Conworth, Inc., the firm the City has used in the past for all relocation services. I III. BASIS OF RECOMMENDATION 0214Consultant Agreement I A. POLICY I . The reconstruction of 66th Street and Portland Avenue has been identified as a priority in the City's Comprehensive Plan. I B. CRITICAL ISSUES I . The needs to adhere to state and federal law on the acquisition of property and relocation. I C. FINANCIAL I . Funds to pay for the contract will come from the City's Municipal State Aid Street (gas tax revenues) funds. I D. LEGAL I . The City Attorney will review the proposed agreement and be involved in all acquisition of property for the project. I IV. ALTERNATIVE RECOMMENDATION(S) I . Hire a different consultant. However, Conworth staff has performed well for the City in the past. I V. ATTACHMENTS I . Proposal letter from SRF Consulting Group, Inc. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None anticipated. ~ ~.c ONSULTING {pr~1 GROUP, I N c. Transportation. Civil. Structural. Environmental · Planning · Traffic · Landscape Architecture · Parking · Right of Way February 7, 2006 Proposal No. P06003 Mr. Thomas Foley CITY OF RICHFIELD 6700 Portland A venue Richfield, MN 55423 Dear Mr. Foley: SUBJECT: Right of Way & Relocation Services - REVISED 66th & Portland Avenue Project We appreciate your interest in utilizing SRF's services for Right of Way Acquisition and Relocation Assistance on the above referenced project. As you are aware, Conworth, Inc. has recently joined SRF's Right of Way group to provide complete right of way services to clients. Our right of way and relocation group includes professionals who have a wide variety of experience in highway, municipal, utility, relocation and community redevelopment projects. The acquisition efforts will be lead by Lisa Beckman, SRF Associate, and Ken Helvey, SRF Associate, will lead the relocation tasks. We propose to perform the following activities, some of which are mandated by the Uniform Act and others which are highly recommended based on our experience for: . Appraisal advisory services related to the Sinclair Service Station regarding right of way impacts. . Acquisition and Relocation services for 3 commercial and 7 single family properties. . Acquisition services for 8 commercial partial take parcels. . Acquisition serviced for 4 residential partial take parcels. . Appraisal and appraisal review services to be provided by our sub consultants for all 22 parcels. . Property Management for 10 relocation parcels. Project Management SRF's Project Managers will maintain contact with City personnel throughout the project, provide weekly status reports and be available for meetings as requested by the City. Title Analysis The City's Attorney, Kennedy & Graven Chartered, will provideSRF with a written title report for all affected properties in order to identify all parties of interest who must be contacted during the acquisition process. One Carlson Parkway North, Suite 1 SO Minneapolis, Minnesota 55447-4443 Tel: 763-475-0010. Fax: 763-475-2429 Case Plaza, One North Second Street Fargo, North Dakota 58102-4807 Tel: 701-237-0010 . Fax: 701-237-0017 srfconsulting.com An Equal Opportunity Employer Mr. Thomas Foley (p S-6l -2- February 7, 2006 Owner Notifications SRF will notify affected property owners about the acquisition process, identify the appraisal firm and the appraiser, and briefly discuss the overall acquisition, appraisal process and project timelines. The agents will follow up this letter with a visit in order to complete a field title investigation of the property. Appraisals and Review Appraisals We have proposed to utilize three separate firms to prepare the different types of appraisals needed on this project. A separate firm will be preparing the fixture appraisal for incorporation into the real estate appraisal. All appraisers are qualified to perform the type of report assigned and we have worked successfully with all of the individuals and firms on projects similar to this City project. Listed below are the types of appraisals and the firms that will be completing the reports. Mr. Jason Messner has provided an hourly rate of $ 150/hour for advisory services in regards to the right of way impacts on the Sinclair Services Station. Per your request we have included 6 hours at this rate within our total appraisal subconsultant fees. ApPRAISAL FEES FOR THREE (3) COMMERCIAL TOTALT AKE PROPERTIES Fee Appraiser BP Station Mr. Tire Zalesky Printin~ Nicollet Partners $6,000 $4,500 $4,500 Patchin Messner & Dodd $6,000 $4,750 $3,250 ApPRAISAL FEES FOR THREE (3) FIXTURE ApPRAISALS Steven Wall Appraisal $4,500 $3,500 $2,000 ApPRAISAL FEES FOR SEVEN (7) RESIDENTIAL TOTAL TAKE PROPERTIES BCL Appraisals $350 per parcel $2,450 ApPRAISAL FEES FOR EIGHT (8) COMMERCIAL PARTIAL TAKE PROPERTIES Patchin Messner & Dodd $3,250 per parcel I $26,000 ApPRAISAL FEES FOR FOUR (4) RESIDENTIAL PARTIAL TAKE PROPERTIES Patchin Messner & Dodd $2,250 per parcel $9,000 " ApPRAISAL ADVISORY FEES FOR SINCLAIR SERVICE STATION Patchin Messner & Dodd I 6 hours @ $150 per hour 1$900 REVIEW ApPRAISAL FEES FOR TWENTY Two (22) PROPERTIES . Ruppert Appraisal & Consultation, Inc. 3 Commercial Total Take $1,200 per parcel $3,600 7 Residential Total Take $250 per parcel $1,750 8 Commercial Partial Take $1,200 per parcel $9,600 4 Residential Partial Take $1,200 per parcel $4,800 Total Appraisal Fees including reviews I $97,100 We will work closely with the appraisal firms to provide them with the necessary information for completing the appraisals. SRF will prepare the Just Compensation approval form for City approval based on the Review Appraisers Certification of value. Mr. Thomas Foley (p r -3 -3- February 7, 2006 Offer Packages and Document Preparation SRF will prepare all offer letters, statements of compensation, appraisal notifications and receipts and any other documents and forms required by the City. The City's Attorney, Kennedy & Graven Chartered will prepare the conveyance documents, perform closings and record documents. Acquisition Activities Offers will be presented to owners, in person where possible, at the earliest possible time the affected owners are willing to meet with SRF personnel. In the case of out of town owners or when required by time constraints, offers will be presented by Certified Mail but continuing attempts will be made to contact the owner and meet at the earliest possible time after mailing the offer. All concerns and issues raised by owners will be communicated to the City. Communications will be by means of periodic status reports, telephone or written correspondence, depending upon the nature of the issue. We will make recommendations and prepare administrative settlement forms for allparcels where a settlement in excess ofthe certified offer seems appropriate. All acquisition files include a contact diary in which every contact or attempted contact with the property owner is noted, whether by the agent responsible for the parcel or by other SRF staff. We require that this diary include relevant detail about the substance of each contact. Relocation Assistance SRF will provide all relocation assistance, adhering to the Uniform Relocation Assistance and Real Property Acquisition Policies Act and Minnesota Statute 117.52. SRF relocation specialists pride themselves on their ability to listen and communicate, thus enabling both the acquiring agency and the displaced occupants to go through a potentially difficult time with better understanding and cooperation. . Property Management As the properties are acquired, basic property management will be required. We will provide services to secure the buildings and simple routine maintenance. It can also include rent collection and the like, however, it is anticipated that most, if not all, of the properties will be vacated shortly after the City takes ownership. It does not include services such as board-up, facility repairs, snow removal and grass mowing or major maintenance. If the management period extends beyond two (2) months after acquisition, we will need to discuss an increase in hours to further facilitate the management. Closing Activities SRF will obtain the proper executed documents for the 12 partial acquisitions. Completed files will be transmitted to the City for recording and payments. It is our understanding that Kennedy & Graven Chartered will handle the closing function for the 10 total take parcels. " Mr. Thomas Foley &r-LJ -4- February 7, 2006 .. Cost Proposal Property Acquisition Relocation BP Station $3,000 $7,000 Mr. Tire $3,000 $6,000 Zalesky Printing $3,000 $5,000 7 Residential Total Takes $2,000 per parcel = $14,000 $2,500 per parcel = $17,500 8 Commercial Partial Acquisitions $3,250 per parcel = $26,000 $0 4 Residential Partial Acquisitions $2,000 per parcel = $8,000 $0' Total Fees $57,000 $35,500 Property Management for Total Take Parcels I $10,000 SRF will provide acquisition, relocation, property management services as well as coordination of all sub consultants for $102,500 exclusive of the sub consultant fees ($97,100). We propose to be reimbursed for our services on an hourly basis for actual time expended. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. As you review this, please feel free to contact Lisa Beckman or Ken Helvey at 763-475- 0010 if you have any questions or comments. Sincerely, a J ~atthew D. Hansen, P.E., L.S. rv. Principal ..,..fJ i1~ . ,..... ", .iff 17//' ik /" ken Helvey . Associate . H:\ROWIProposals\City of RiclifieltlJ>06003.doc AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 6J 32 ....... STAFF REpORT RICHFIEL.D CITY COUNCIL MEETING FEBRUARY 14, 2006 REpORT PREPARED By: BETSY OSBORN, ADMlNISTRA TIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal for 2006 of business licenses for 3.2 Malt Liquor sales and licenses to do business in Richfield. I. RECOMMENDED ACTION: By Motion: . Approve the 2006 renewal of named business licenses for on-sale 3.2 liquor sales; . Approve 2006 renewal of licenses to operate named businesses in the City of Richfield. I II. BACKGROUND I The below listed business have not been required to have a staff report prepared in the past, nor is there a requirement for a public hearing to be held for renewal of these types of licenses. Staff has presented a report for each business at the time that they originally applied for and received Council approval to operate their businesses or to sell malt liquor at their businesses in the City of Richfield. For the sake of preserving time, 0214 Annual Renewal of Consent Licenses the license renewal requests were placed on the consent calendar. However, a staff report is presented to the City Council for informational purposes. The businesses named below with the corresponding licenses are presented for Council approval on this date. license to Operate in Richfield A New Star limousine & Taxi Service - 7 Vehicles Gold Star Taxi - 27 Vehicles Morelos Taxi - 8 Vehicles Suburban Taxi Corporation - 20 Vehicles Paul's Rentals & Sale - Trailer and Truck Rental license to Sell 3.2 Malt liquor Airport Bowl - On-Sale Aldi Foods - Off-Sale Davanni's Pizza - On-Sale Kwik Way Foods - Off-Sale Lariat Lanes - On-Sale Rainbow Foods - Off-Sale Richfield Mobil Mart - Off-Sale Sandy's Tavern - On-Sale SuperAmerica #4186 - Off-Sale SuperAmerica #4188 - Off-Sale SuperAmerica #4191 - Off-Sale SuperAmerica #4615 - Off-Sale Worldwide Supermarket - On-Sale Vina Vietnamese Restaurant - On-Sale I III. BASIS OF RECOMMENDATION I I A. POLICY I . All businesses must annually request renewal of their licenses to the City Council. . . Businesses must meet the set requirements for renewal of their licenses. I B. CRITICAL ISSUES I . All license fees must be paid and application forms submitted in order to be considered for license renewal. I C. FINANCIAL I . All licenses listed have met the requirements and paid the required fees. I D. LEGAL . N/A I IV. ALTERNATIVE RECOMMENDATION(S) I . Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. I V. ATTACHMENTS . None I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I . None; however, businesses have been notified of the date of presentation to the City Council. AGENDA SECTION: AGENDA ITEM # RE;PORT# PUBLIC BEARING 8 ~3.3 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 14, 2006 REpORT PREPARED By: KELLY BERG, HOUSING COORDINATOR NAME, TITLE COUNCIL PRESENTER: BRUCE NORDQUIST, HOUSING AND REDEVELOPMENT MANAGER REVIEWED BY CITY MANAGER: DEPARTMENT DIRECTOR REVIEW: ITEM FOR COUNCIL CONSIDERATION: Public hearing and consideration of resolution regarding the use of funds from the Community Development Block Grant allocation for 2006. . I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached resolution authorizing the use of funds for the 2006 Urban Hennepin County Community Development Block Grant Program and authorizing signature of a Subrecipient Agreement with Hennepin Count and an re uired third art a reements. I II. BACKGROUND I The City Council is scheduled to conduct a public hearing on February 14, 2006 to authorize Richfield's use of the 2006 Community Development Block Grant (CDBG) allocation of $192,960, as proposed. As in past years, Richfield proposes the funds go toward home rehabilitation and public service. CDBG funds come from the federal government to Hennepin County. Hennepin County then distributes the funds to local communities. The Richfield Housing and Redevelopment Authority (HRA) administers a home rehabilitation loan program for low-income homeowners. Often times, because it is 021406 CDBG a deferred loan that requires no monthly payment, homeowners on limited incomes can make necessary repairs and improvements without an additional financial burden. The loan is satisfied in the future when the home is sold. Richfield supports four public service agencies through the CDBG allocation: Household and Outside Maintenance for Elderly (H.O.M. E.), Greater Minneapolis Day Care Association (GMDCA), Community Action for Suburban Hennepin (CASH), and HOME Line: . H.O.M.E. is a homemaker, maintenance and chore service program for residents who are 60 years old or more, or who have a disability, with the goal of keeping people in their homes longer to avoid the high costs of nursing homes care. Clients are asked to pay for services based on a sliding fee scale. . GMDCA provides funds to help cover day care costs of lower-income families who are working, in school, or who are experiencing a short-term emergency need. Co-payments are determined on a sliding scale basis. . CASH provides homebuyer workshops, individual homebuyer counseling, foreclosure prevention services and counseling, and reverse mortgage services. Services are available to residents of any income level, but CASH estimates that two-thirds of the Richfield households served are below 50 percent of the median income. . HOME Line provides support to renters by offering free call-in or walk-in service, providing information and advice on tenant/landlord law and on court procedures. Staff also helps solve problems such as maintenance/repair related issues or instances of management abuses. A Renter Education Program for high school students is a program presenting the basics of renting for young people soon to be entering the rental market for the first time. This program has been successful at Richfield High School and Academy of Holy Angels. Third party agreements with each of these agencies are prepared annually. The Richfield Community Development Department and Richfield Community Human Services Planning Council (RCHSPC) work collaboratively to address public service needs. RCHSPC makes recommendations to the City Council regarding public service funding for CDBG funds. This year's recommendation by RCHSPC is below. The recommendations for public service funding with the prescribed county guideline of a maximum of 15 percent would provide a total allocation of $28,940. The chart below summarizes the recommended funding: Project Allocation Per Total Recommendation Proiect 1. Public Service: a. HOME Line $ 5,000 b. GMDCA $ 12,000 c. CASH $ 5,000 d. H.O.M.E. $ 16,568 $28,940 Rehab of Owner-Occupied Property $164,020 $164,020 TOTAL COBG ALLOCATION $192,960 $192,960 I III. BASIS OF RECOMMENDATION I I A. POLICY I . Allocation of federal CDBG funds is an annual activity. . Hennepin County has an allocation system, which is unique in providing an annual funding source that can be planned for. I B. CRITICAL ISSUES I ~~ . A public hearing on this matter has been scheduled for February 14, 2006. . This year, funds are not contributed for first- time homebuyer housing. The HRA was awarded $80,000 in Affordable Housing Incentive Fund monies from Hennepin County to provide for first-time homebuyer opportunities. . Hennepin County allows 15 percent of available funds to go to public service. The $28,940 available this year for public service was distributed on a percentage basis as in the past, based on recommendations ofthe Richfield Community Service Planning Council. . Staff is working with the Attainable Housing Committee to identify other programs and resources that support lower income households. I C. FINANCIAL I . The total Urban Hennepin County CDBG Program allocation for Richfield in 2006 is $15,500 less than 2005. This continues a pattern of funding decline from the federal government for the past few years. Staff has been able to identify other sources of funds to sustain important programs. . The amount of funds being acted upon by the City Council is the best estimates to date from Hennepin County. Final amounts may change slightly. If there is an increase in funding, it would be added to housing rehabilitation activities. If a decrease occurs, the reduced amount would be taken from housing rehabilitation activities. I D. LEGAL I . Notice of public hearing was published February 2, 2006 in the Sun Current. I IV. ALTERNATIVEREcOMMENDATION(S) I . Modify the amount of funds allocated to each project in a way that still achieves funding guidelines. . Fund other projects. I V. ATTACHMENTS . Resolution. . Staff memo regarding RCHSPC recommendations. I VI. PRlNCIP AL PARTIES EXPECTED AT MEETING . N/A. g~l RESOLUTION NO. RESOLUTION AUTHORIZING USE OF FUNDS FOR THE 2006 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY REQUIRED THIRD PARTY AGREEMENTS WHEREAS, the City of Richfield, Minnesota, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Oevelopment Block Grant (COBG) Program; and WHEREAS, The City of Richfield developed a proposal for the use of COBG funds made available to it, and held a public hearing on February 14, 2006 to obtain the views of citizens on local and Urban Hennepin County housing and community development needs and priorities for the City's proposed use of $192,960 from the 2006 Urban Hennepin County COBG Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of Richfield, Minnesota approves the following projects for COBG and authorizes submittal of the proposal to Hennepin County for review and inclusion in the 2006 Urban Hennepin County COBG Program. Project Allocation Per Total Recommendation Project 1. Public Service: e. HOME Line $ 5,000 f. GMDCA $ 12,000 g. CASH $ 5,000 h. H.O.M.E. $ 16,568 $28,940 Rehab of Owner-Occupied Property $164,020 $164,020 TOTAL CDBG ALLOCATION $192,960 $192,960 BE IT FURTHER RESOLVED, that the Mayor and City Council hereby authorize and direct the execution of the Subrecipient Agreement with Hennepin County and any required Third Party Agreements on behalf of the City to implement the 2006 COBG Program. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of February, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk ~--1- CITY OF RICHFIELD Memorandum Date: January 24, 2006 To: Bruce Nordquist, Housing and Redevelopment Manager From: Kathy Farris, Human Services Planner/Coordinator Subject: Allocation of 2006 Community Development Block Grant (CDBG) Funds for Public Service Programs-Recommendations from RCHSPC The Richfield Community Human Services Planning Council met on January 23, 2006 to make recommendations regarding 2006 CDBG Public Service allocations. It is the assessment of the RCHSPC that: . The applicant agencies are providing valuable and effective service to the people of Richfield and meet the CDBG definition of Public Service. . In a variety of ways these programs support the City's housing goals by maintaining dwellings and contributing to the stability of the community. The RCHSPC recommends that the following CDBG allocations be made for 2006: Agency 2006 Recommendation Senior Community Services HOME ProQram $14,940 Greater Mpls. Dav Care Association $ 9,000 CASH Homeownership Assist $ 2,500 HOME Line Renter Assist $ 2,500 TOTAL $28,940 AGENDA SECTION: AGENDA ITEM # REpORT # RESOUITTONS q 1!J' -34- ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 14,2006 REpORT PREPARED By: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Council consideration of a disciplinary hearing and resolution regarding civil enforcement for establishment in Richfield that underwent tobacco compliance check that were conducted by Richfield Public Safety staff, and failed by sellinQ tobacco to underaQe youth. I. RECOMMENDED ACTION: By Motion: Approve the resolution imposing the following disciplinary actions for the establishment violating underage tobacco sales for the second time: . Suspending the license to sell tobacco for two consecutive days for the second time violating establishment; . Levying a fine against the establishment in the amount of $400 for the second violation; and, . Proposing that the Public Safety Director select the two consecutive days that the license will be suspended. . 0214 Non Compliance Tobacco Violators I II. BACKGROUND I On October 28, 2005, Richfield Public Safety staff conducted tobacco compliance checks at all of the establishments in Richfield that sell tobacco. They were assisted by three underage youth that were 16-17 years of age. These compliance checks were the second checks conducted in 2005. On October 28,2005, the Police Division made arrangements for the minors to enter the establishments with undercover Police Officers. In one instance, tobacco was sold to underage youth. The business that sold tobacco to underage youth on October 28, 2005 is: . Richfield 66 Station - 1217 East 66th Street This is a second offense for Richfield 66, due to the fact that the compliance check conducted on October 28, 2005 was within 24 months of their first failure on November 1 , 2004. At no time did any of the minors use the tobacco products. The youth presented their IDs, if requested, and at no time attempted to convince anyone that they were of legal age. Establishments were visited at various times, busy or riot busy, in an effort to determine if busy times produced more successful buys. It doesn't appear to have made a difference at either time. After each attempt, successful or unsuccessful, the officers identified themselves to the clerks and issued a citation if they failed. If the underage youth was unsuccessful in purchasing tobacco, the clerk was congratulated by officers. The employee that sold tobacco will be charged criminally in court. The action being taken today is for civil enforcement and penalties against the businesses that hold a license to sell tobacco within the City. The fines being recommended at this time are intended to recover 100% of the costs for conducting the compliance checks and to penalize the businesses punitively. Compliance checks will continue to occur during 2006. It is also recommended that 15% of the punitive fines be designated for future tobacco and alcohol education efforts within the community. I III. BASIS OF RECOMMENDATION I I A. POLICY I . Richfield City Code Section 1146 specifies certain improper conduct of tobacco license holders and delineates the progressive discipline that can be expected when violations occur, such as the sale of tobacco to minors. ....m em .Staffrecommends.thatthe..eityeouncilsuspendtheftcensetosetl ..... ..nU.. tobacco for two consecutive days for the second time violating establishment; levying a fine against the establishment in the amount of $400. Staff further recommends that the Public Safety Director select the two consecutive days that the .Iicense will be suspended. lB. CRITICAL ISSUES I . It is a violation of Minnesota State Statute and City ordinance to sell tobacco to underage youth. . Citizen representatives of the Richfield Advisory Board of Health support severe actions against establishments in an effort to protect the youth of the community and to send a message that youth and their well-being are a high priority in this City. I C. FINANCIAL I . All costs of conducting compliance checks will be reimbursed through the fines that are levied against an establishment for'failing a tobacco compliance check. . Furthermore, .15% of the punitive fines are designated for future tobacco and alcohol educational efforts within the community. I D. LEGAL . N/A I IV. . ALTERNATIVE RECOMMENDATION(S) I . The Council could decide to take no action against the establishments for the sale of tobacco to a minor, which would result in no disciplinary actions against the establishments. This would, however, send a message to the community that children and their well being are not a priority in Richfield. . The Council may consider taking more or less severe action against the establishments that sold tobacco to underage youth; however; that would deviate from the guidelines set for progressive discipline in City Code 1146. I V. ATTACHMENTS . Resolution for Richfield 66 Station I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I . A representative from the establishment is expected to be in attendance at the meeting. They have been notified in writing of this requirement. q-f RESOLUTION NO. RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR RICHFIELD 66 STATION, 1217 EAST 66TH STREET, AND IMPOSING A CIVIL PENALTY FOR SECOND TIME . TOBACCO COMPLIANCE FAILURE WHEREAS, Richfield 66 Station ("Licensee") holds a license to sell tobacco products within the City of Richfield; and WHEREAS, on October 28, 2005, the City of Richfield Public Safety Department conducted a compliance check of the Licensee's establishment, and during the compliance check, an employee of the Licensee sold tobacco to a minor; and WHEREAS, this is their second failed tobacco compliance check as a result of the fact that it is within 24 months of their first offense which occurred on November 1, 2004; and WHEREAS, the Licensee appeared before the Richfield City Council on February 14, 2006 and admitted the violation and stipulated to the suspension and penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: . 1. The Licensee's tobacco license is hereby suspended for a period of two (2) consecutive days, commencing on a date to be determined by the Public Safety Director, but to take place within 30 days of their Council appearance. 2. A civil penalty of $400 is hereby imposed. On or before March 14, 2006 the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $400. Passed by the City Council of the City of Richfield this 14th day of February 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REpORT # RESOLUTIONS 10 35 STAFF REpORT CITY COUNCIL MEETING FEBRUARY 14, 2006 REpORT PREPARED By: STEVEN L. DEVICH, CITY MANAGER NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution providing for a $20,000 loan to the Richfield Historical Society for the production of a 2008 Richfield Centennial book. I. RECOMMENDED ACTION: By Motion: Adopt a resolution authorizing a loan to the Richfield Historical Society for the production of a 2008 Richfield Centennial book. I II. BACKGROUND I At the January 24, 2006 City Council Worksession, the City Council and representatives of the Richfield Celebrations Commission and the Richfield Historical Society held a discussion regarding the production of a 2008 Centennial book featuring the history and development of Richfield. During the course of those discussions, it was suggested that the City of Richfield advance up to $20,000 to the Historical Society for the production of a Centennial book. The City would then be repaid through proceeds from the sale of the book. The City Council asked staff to bring this item back to the City Council at its next regularly scheduled meeting for potential action. I III. BASIS OF RECOMMENDATION I A. POLICY 0214Historical . The City has been approached by the Celebrations Commission and the Richfield Historical Society to assist with the production of a 2008 Centennial book. . It has been suggested by the City Council that the City advance $20,000 to the Historical Society in the form of an interest free loan to assist in the production of the Centennial book. . The loan of any City funds would have to be incorporated into a Memorandum of Agreement between the City and the Historical Society. I B. CRITICAL ISSUES I . Work on the Centennial book needs to begin in the very near future. The first part of that project is to raise funds for its production. I C. FINANCIAL I . The City could advance funds to the Historical Society on a predetermined basis as would be defined in an agreement between the City and Historical Society. These advanced funds would be limited to only costs directly related to the production of the book. . Staff would suggest that the funds be advanced in response to invoices incurred for the work on the book. . Staff would suggest that the City be repaid with the first $20,000 of proceeds from the sale of the book. . Staff would further suggest the in exchange for the advancement of the funds, one stipulation of the agreement be that the City be able to purchase any number of the Centennial books at cost. I D. LEGAL I . MN Statutes 471.93 authorizes cities to pay for the costs of producing a publication that would commemorate a city's Centennial, providing such action is taken at either a regular or properly noticed special meeting. . The City Attorney would review any agreement prior to its execution. I IV. ALTERNATIVE RECOMMENDATION(S) I . The City Council could decide on another course of action with regard to the Centennial book. I V. ATTACHMENTS . Resolution I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I . David Butler, Richfield Historical Society 10 --I RESOLUTION NO. RESOLUTION AUTHORIZING THE MA VOR AND CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CITY OF RICHFIELD AND THE RICHFIELD HISTORICAL SOCIETY FOR THE PRODUCTION OF A 2008 CENTENNIAL BOOK WHEREAS, the City of Richfield will celebrate its Centennial in 2008; and WHEREAS, the City wishes to celebrate the Centennial event including the production of a Centennial book, and WHEREAS, the City of Richfield does not have the staff nor is it in the best position to produce such a document; and WHEREAS, the Richfield Historical Society has stated a willingness to undertake the production of a Centennial book for Richfield; and WHEREAS, the Richfield Historical Society does not have the funding available to begin the production of the Richfield Centennial book and desires financial assistance from the City in this project; and WHEREAS, the City Council of the City of Richfield desires to assist the Historical Society in the production of the Centennial Book by providing an interest free loan to the Richfield Historical Society in an amount not to exceed $20,000; and WHEREAS, MN Statutes 471.93 authorizes cities to pay for the costs of producing a publication that would commemorate a city's Centennial, providing such action is taken at either a regular or properly noticed special meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1) That the Mayor and City Manager of the City of Richfield are hereby authorized to execute a Memorandum of Agreement between the Richfield Historical Society and the City of Richfield which provides for an interest free loan from the City to the Historical Society in an amount not to exceed $20,000. 2) That the City be repaid in full for any amounts loaned to the Historical Society from the first $20,000 of proceeds received form the sale of the Centennial book. 3) That the City be entitled to purchase copies of the Centennial book at "cost" from the Historical Society. 4) That the specific terms of the loan and repayment be incorporated into above Memorandum of Agreement. 5) That the funds loaned to the Richfield historical Society be used only for the production of the Centennial book. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of February, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REpORT # RESOLUTIONS 11 36 ..... STAFF REpORT RICHFIEL13 CITY COUNCIL MEETING FEBRUARY 14,2006 REpORT PREPARED By: CHRIS REGIS, FINANCE MANAGER NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: rnI ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing reimbursement for proposed improvements at the City's Water Plant. 1. RECOMMENDED ACTION: By Motion: Approve the resolution authorizing City staff to incur costs for proposed improvements at the City's Water Plant. I II. BACKGROUND I The City's Water Plant is in need of certain capital improvements. Previously, Council has approved improvements to the Water Plant's HV AC system and a renovation of the water filters within the plant. Accordingly, the Water Plant is still in need of additional capital improvements. As a result of the two projects currently underway, the cash balance of the fund has been spent down. To fund the remaining capital improvements, the issuance of a Utility Revenue bond is being considered. The Council can authorize certain expenditures as eligible for reimbursement in anticipation of approval of an issuance of utility revenue bonds. Passage of the attached resolution will enable City staff to begin incurring planning and engineering costs for the Water Plant improvements. The resolution allows costs incurred up to 60 days prior to Council approval of the resolution to be reimbursed using the proceeds of a utility revenue bond. 02142006 Water Plant ReimbursementResolution I III. BASIS OF RECOMMENDATION I I A. POLICY I . The Water Plant is an important infrastructure asset of the City and needs to be maintained in up to date operating condition. I B. CRITICAL ISSUES I . The reimbursement resolution makes improvement costs eligible for reimbursement from the proceeds of the utility revenue bonds. I C. FINANCIAL I . The total of improvements before capitalized interest and issuance costs are $5,800,000 and include the following: o Installation of Backwash Tanks $ 1,100,000 o Replace Sludge Presses 1,300,000 o Expand Recarbonation Basin 500,000 o Replace Lime Feed System 400,000 o Replacement of Water Meter System 2,500,000 . The total of the utility revenue bonds to be issued is estimated to be $6,750,000. . All improvements listed with the exception of the recarbonation basin are included in the 2006 Capital Improvement Budget and 2007-2010 Capital Improvement Plan included in the 2006 Adopted Budget. I D. LEGAL . NA I IV. ALTERNATIVE RECOMMENDATION(S) I . Delaying approval of the resolution will limit the City's ability to incur costs associated with the proposed improvements at the City's Water Plant. I V. ATTACHMENTS . Resolution. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None anticipated. I I-I RESOLUTION NO. DECLARING THE OFFICIAL INTENT OF THE CITY OF RICHFIELD TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, the Internal Revenue Service has issued Treas. Reg. 9 1.150-2 (the "Reimbursement Regulations") providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City expects to incur certain expenditures that may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a tax- exempt bond; WHEREAS, the City has determined to make this declaration of official intent (the "Declaration") to reimburse certain costs from proceeds of bonds in accordance with the Reimbursement Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD AS FOLLOWS: 1. The City proposes to undertake the following projects with relation to the City's Water Plant (the "Project"). Installation of Backwash Tanks Replace Sludge Presses Expand Recarbonation Basin Replace Lime Feed System Replacement of Water Meter System 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Project from the proceeds of bonds in an estimated maximum principal amount of $6,750,000. All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Reimbursement Regulations. 3. This Declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or (c) "preliminary expenditures" up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that finance or are reasonably expected by the City to finance the project for which the preliminary expenditures were incurred. The term "preliminary expenditures" includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction. I (-~ 4. This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof. The anticipated original expenditures for the Project and the principal amount of the bonds described in paragraph 2 are consistent with the City's budgetary and financial circumstances. No sources other than proceeds of bonds to be issued by the City are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside pursuant to the City's budget or financial policies to pay such Project expenditures. 5. This Declaration is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. Approved by the City Council of the City of Richfield this 14th day of February, 2006. CITY OF RICHFIELD, MINNESOTA ATTEST: Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REpORT # RESOLUTIONS 12 37 STAFF REpORT CITY COUNCIL MEETING FEBRUARY 14, 2006 REpORT PREPARED By: PAM DMYTRENKO, ASSISTANT TO THE CITY MANAGER NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the contract with the International Union of Operating Enaineers, Local 49 for the contract period January 1,2006 throuah December 31,2007. 1. RECOMMENDED ACTION: By Motion: Adopt the resolution approving the provisions of the 2006-07 labor agreement with the International Union of Operating Engineers, Local 49 bargaining unit and authorize the City Manager to execute the agreement. I II. BACKGROUND I City staff has completed labor negotiations with the International Union of Operating Engineers, Local 49 (Union). The provisions of the two-year contract for calendar years 2006 and 2007 cover all of the employees in this Union, which consists of approximately 40 City employees including Public Works Workers, Mechanics and Water Plant Operators. The tentatively approved settlement includes the following significant monetary changes: Waaes A 3% across-the-board wage increase, effective January 1, 2006, with an additional .5% increase effective the first full pay period in July 2006. The contract calls for a re-opener of this provision for contract year 2007. 0214Local49 Health Insurance A $50 increase to the Employer health insurance contribution for contract year 2006 which provides full coverage to single Employee, $655 per month for Employee plus spouse or Employee plus child(ren) coverage, and $700 per month for Employee plus family. The contract calls for a re-opener of this provision in 2007. Effective January 1, 2006, the Employer would contribute an additional $3 towards the employee single dental insurance premium for a total monthly contribution of $30. Vacation Leave Effective January 1, 2006, the annual sell back cap will be increased 16 hours to a total of 40 hours. Also effective January 1,2006, employees with 25 years of service will receive an additional 8 hours of vacation leave. Personal Leave Effective the first full pay period after contract ratification, the personal leave accrual rate will increase from 2.77 hours biweekly to 3 hours biweekly. Clothinq Allowance Effective January 1, 2006, an increase of $5 in the contribution towards the purchase of qualifying safety boots for Auto Mechanics from $85 to $90 per year. Workinq out of Classification Effective January 1, 2007, a $ .10 increase in the Specialist pay rate from $1.15/hour to $1.25/hour. Licensure/Certification Pay Effective January 1, 2006, an increase to the pyramid cap of concurrent specialized pay from $1.1 O/hour to $1.25/hour and in 2007, an increase to $1.40/hour. Effective January 1,2007, a $ .05 increase to the following licensure pay rates: Class B Water & Class B Wastewater from $ .50/hour to $ .55/hour Boiler license from $ .50/hour to $ .55/hour Automobile Test Series from $ .50/hour to $ .55/hour Effective January 1,2007, a new licensure pay rate of $ .25/hour for employees who hold a Class A Commercial Drivers License (CDL). Effective January 1,2007, a new licensure pay rate of $ .70/hour for Water Plant Operators, Water Plant Mechanics or employees who have been selected for assignment to the Relief Operator pool with a Class A Water license. I III. BASIS OF RECOMMENDATION I A. POLICY I . The City has met and negotiated in good faith with the Union and its representatives and is bound under the Public Employer's Labor Relations Act to meet and bargain over the terms and conditions of employment. . The 2006-07 proposed settlement is the fourth union contract settled for 2006. It is identical in wage increase to non-union City employees, Police, Police Supervisors and Fire and is identical in health insurance provisions to non-union employees and Police Supervisors. Police and Fire have re-openers in health insurance for 2006. . This contract reflects the second settlement for 2007. . The 2006-07 contract provisions are within the range for other comparable bargaining groups in similar metro cities. . The vacation leave benefit provisions granted for 2006 are the same as those previously granted to other employee groups. The personal leave provision is the same benefit recently provided to the Police Supervisors' bargaining unit. I B. CRITICAL ISSUES I . In order to allow the City's accounting personnel to modify payroll records in a timely manner for 2006 wages and benefits, it is recommended that the City Council act on February 14, 2006 to adopt the attached resolution providing for contract changes, effective January 1, 2006. I C. FINANCIAL I . 3% wage increase effective January 1, 2006 and an additional .5% increase the first full pay period in July 2006. . A $50 increase in the Employer contribution towards health insurance coverage for 2006. . A $3 increase in the Employer contribution towards dental insurance. . A $5 increase in the qualifying safety boot allowance for Auto Mechanics. . Effective January 1, 2007, a $ .1 O/hour increase in the Specialist pay rate to $1.25/hour. . Effective January 1, 2007, a $ .25/hour new licensure pay rate for employees with Class A CDL. . Effective January 1, 2007, a $ .70/hour new licensure pay rate for Water Plant Operators, Mechanics and other employees assigned to the Relief Operator pool with a Class A Water license. I D. LEGAL I . If the terms of this agreement are not approved, further negotiation and/or mediation will be necessary. I IV. ALTERNATIVE RECOMMENDATION(S) I . Do not approve the terms of this agreement and prepare for further negotiation and/or mediation. . Defer discussion to another date. I V. ATTACHMENTS . Resolution I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None I~-{ RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 BARGAINING UNIT FOR THE YEARS 2006-2007 WHEREAS, the City Manager and the International Union of Operating Engineers, Local 49 have reached an understanding concerning conditions of employment for years 2006-2007; and WHEREAS, it would be inappropriate to penalize Local 49 members who have negotiated in good faith; and WHEREAS, the City Ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be completed by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City of Richfield and International Union of Operating Engineers, Local 49 Bargaining Unit for years 2006-2007, under the provisions of the Labor Agreement to be implemented effective January 1, 2006 and authorize the City Manager to execute the contract. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of February 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk . AGENDA SECTION: AGENDA ITEM # REPORT # RESOLUTIONS 13 38 .... STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 14, 2006 REpORT PREPARED By: RANDy HUGHES, OPERATIONS SUPERINTENDENT NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED By CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of approval of an agreement with the State of Minnesota and the City of Richfield to exchange parcels of land in the vicinity of 66th Street and Trunk Hwy 77 (TH77) in coniunction with the bridge construction and widening of 66th Street. I. RECOMMENDED ACTION: By Motion: Approve the resolution authorizing acceptance of the State of Minnesota Cooperative Agreement between the State of Minnesota and the City of Richfield to exchange parcels of land in the vicinity of 66th Street and Cedar Avenue/Trunk Hwy 77 consistent with the Memorandum of Understanding dated January 31, 2000. I II. BACKGROUND I In order to accomplish the construction of the Cedar Avenue (Trunk Hwy 77), 66th Street Bridge and other cooperative projects around the Minneapolis St. Paul International Airport, the City of Richfield, Mn/DOT and MAC signed a Memorandum of Understanding (MOU) on January 31, 2000. The MOU expressed the parties' intent to exchange properties. The exchanged properties are needed for roadway, redevelopment and City Garage site purposes. . 0214Ramp This cooperative agreement states: 1. The City will transfer portions of parcels on the west side of TH 77 between 63rd and 66th Streets that the City owns to Mn/DOT for construction of the TH77 west side ramps 2. Mn/DOT will transfer property in the Longfellow Loop area that was originally owned by MAC and then conveyed to Mn/DOT over to the City of Richfield. 3. Mn/DOT will transfer Mn/DOT's easement interest in the property owned by Irwin Ketroser in the Longfellow Loop when the City acquires the underlying fee to the Ketroser property. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The January 31,2000 MOU identified the expected trade-offs among Mn/DOT, MAC and the City. I B. CRITICAL ISSUES I . At the May 29, 2001 Council meeting, Dave Gepner, Chair of the City Maintenance Facility Task Force, confirmed the task force's recommendation of 66th Street and Cedar Avenue as the site for a new maintenance facility. I C. FINANCIAL I . The City Council, at their December 13, 2005 meeting, approved the agreement with Irwin Ketroser to purchase his interest in the parcel he owns in the Longfellow Loop area. No funds will be exchanged as a result of this agreement with Mn/DOT. I D. LEGAL I . Corrine Thomson, the City's Attorney, has been involved in this transaction. . The parties are authorized to enter into this agreement by Minnesota Statutes 9471.59 Subd. 10; 9161.20; and 9473.608, Subd. 2. I IV. ALTERNATIVE RECOMMENDATION(S) I . The Council may choose not to sign this agreement or alter it if they believe it is necessary. I V. ATTACHMENTS I . Resolution authorizing the Mayor and the City Manager to execute this Cooperative Agreement on behalf of the City of Richfield. . State of Minnesota Cooperative Agreement for the 66th Street Ramp . Map of properties involved. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None anticipated. 13-1 RESOLUTION NO. RESOLUTION AUTHORIZING ACCEPTANCE OF STATE OF MINNESOTA COOPERATIVE AGREEMENT FOR 66TH STREET RAMP BETWEEN THE STATE OF MINNESOTA ACTING THROUGH ITS COMMISSIONER OF TRANSPORTATION AND THE CITY OF RICHFIELD TO EXCHANGE CERTAIN PARCELS OF LAND IN THE VICINTY OF 66TH STREET AND TRUNK HWY 77 (TH 77). WHEREAS, The City of Richfield, Minnesota Department of Transportation (Mn/DOT) and Metropolitan Airports Commission (MAC) entered into a Memorandum of Understanding (MOU) on January 31,2000; and WHEREAS, these parties have undertaken various cooperative projects to acquire right-of-way and construct improvements in the vicinity of the Minneapolis S1. Paul International Airport; and WHEREAS, the construction of the 66th Street, TH77 bridge is one of these projects; and WHEREAS, there are remnant parcels of land left at the end of the project which need to be transferred to the proper entities as specified in the MOU. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the Mayor and City Manager are hereby authorized and directed for and on behalf of the City of Richfield to execute and enter into a cooperative agreement for the 66th Street Ramp with the Commissioner of Transportation representing the State of Minnesota Adopted by the City Council of the City of Richfield, Minnesota this 14th day of February 2006. Martin J. Kirsch, Mayor Steven L. Devich, City Manager ATTEST: Nancy Gibbs, City Clerk /3-;;2.. CERTIFICATION I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution presented to and adopted by the City of Richfield at a duly authorized meeting thereof held on the 14th day of February, 2006 as shown by the minutes of said meeting in my possession. Nancy Gibbs, City Clerk Notary Public My Commission expires 13-3 MnlDOT Contract No: CFMS Contract No: STATE OF MINNESOTA COOPERATIVE AGREEMENT FOR 66th ST. RAMP This agreement is between the State of Minnesota, acting through its Commissioner of Transportation (hereinafter "State") and the City of Richfield, a Minnesota municipal corporation, acting through its City Council (hereinafter "City"). Recitals The Parties are authorized to enterinto this Agreement by Minnesota Statutes ~471.59, subd. 10; ~161.20; and ~473.608, subd. 2; and The parties have undertaken various cooperative projects to acquire right of way and construct improvements in the vicinity of the Minneapolis/St. Paul International Airport, including but not limited to, reconstructing the 66th St./ Trunk Highway 77 (TH 77) interchange with bridge and 66th St. widening; and The City has acquired certain parcels on the west side ofTH 77 between 63rd St. and 66th St. A portion of these parcels are needed by the State for construction of the TH 77 west side ramps, as shown in orange on the . attached Exhibit I labeled "Right-of-Way Transfer" (hereinafter "Exhibit I"); and The property shown in dark green on Exhibit I (hereinafter Highway Easement Parcel), is owned in fee by Irwin Ketroser (subject to a highway easement in favor of the State). The City shall acquire the underlying fee to the Ketroser portion of the Highway Easement Parcel property and the State shall convey its easement interest in . the property to the City; and The Metropolitan Airports Commission ("MAC ") is th~ owner of a parcel located in the loop of the 66th St. Ramp "D", as shown in light green on Exhibit I (hereinafter the "Longfellow Loop Parcel"). The Longfellow Loop Parcel includes a 15-foot wide strip, running along the western edge of the parcel, which is subject to a highway easement in favor of the State. The State shall enter into a separate arrangement or agreement with MAC whereby MAC shall convey the Longfellow Loop Parcel to the State, and the State shall subsequently convey such property to the City. The Highway Easement Parcel and the Longfellow Loop Parcel in the Longfellow Loop are needed by the City for construction of a truck station and maintenance facility. These properties consist of everything east of the TH 77/66th St. ramp on the east side of Cedar St. southerly, westerly, and northerly of Longfellow Ave; and The Parties entered into a Memorandum of Understanding dated January 31,2000, (the "MOU"), which is on file with the State's Metro District Engineer at Roseville. The MOU contemplated that, 1) the State would transfer the Highway Easement Parcel to the City, 2) the State would transfer the Longfellow Loop Parcel to the City, 3) the City would transfer to the State the right of way necessary for construction ofthe west side AamPs and widening of 66th St as shown in orange (and limited to those parcels lying north of 66th 81.) on ~xhibit I, and 4) the parties would enter into such binding agreements as may be necessary to effectuate the intent ofthe MOU; and Joint Powers Contract (Rev: 2/7/2006) - 1 - 13 -y. Mn/DOT Contract No: CFMS Contract No: .e Parties are entering into this Agreement to provide for the final disposition and settlement of the west side ramp and Longfellow Loop remnant parcels. Agreement 1. Term of Agreement 1.1 Effective date: This Agreement is effective on the date the State obtains all signatures as required by Minnesota Statutes ~ 16C.05, subdivision 2. 1.2 Expiration date: This Agreement shall expire five years from its effective date, or when all obligations have been satisfactorily fulfilled, whichever occurs first. 2. Agreement between the Parties 2.1 Incorporation of Exhibits. Exhibit I, attached hereto, is incorporated into this Agreement. 2.2 Legal Descriptions. The State shall prepare such legal descriptions of the Longfellow Loop Parcel and the Highway Easement Parcel as is deemed necessary for the proper conveyance of the parcels. The City shall review and approve the legal descriptions. The State, and the City shall work together to resolve any discrepancies in such legal descriptions. 2.3 Transfer of Highway Easement Parcel; Underlying Fee Acquisition of Highway Easement Parcel. The City shall review the legal description of the Highway Easement Parcel property prepared by the State. The State shall then convey its interest in the Highway Easement Parcel to the City by quitclaim deed. The State shall prepare conveyance documents in accordance with its normal procedures. Prior to signing such conveyance documents, the State shall afford the City an opportunity to review such documents. The City shall be responsible for recording the conveyance documents and providing' copies of the recorded conveyance documents to the State. The City shall acquire the underlying fee to the Highway Easement Parcel within the Longfellow Loop. 2.4 Transfer of Longfellow Loop Parcel. After MAC and the City have approved the legal description, the State shall arrange for MAC to convey the Longfellow Loop Parcel, including the IS-foot wide strip on which the State has an easement interest, to the State by quitclaim deed. The State shall then convey to the City, by quitclaim deed, the Longfellow Loop Parcel. The State shall prepare conveyance documents in accordance with its normal procedures. Prior to signing such conveyance documents, the State shall afford the City the opportunity to review such documents. The City shall be responsible for recording the conveyance documents, and providing copies of the recorded conveyance documents to the State. 2.5 No Warranty of Title for Longfellow Loop Parcel and Highway Easement ParceL The State provides no warranty, express or implied, that the title to the Longfellow Loop Parcel and the Highway Easement Parcel is clear and marketable and free from any defects, liens, or encumbrances. Prior to accepting the conveyance, the City shall have a reasonable period of time to investigate title. If the City concludes that title to the properties is unsatisfactory, then the City may, at its discretion, either terminate this Agreement or pursue such legal action as it deems necessary to quiet title at no expense to the State. 2.6 Transfer of West Side Ramp Parcels. Simultaneous to the Longfellow Loop Parcel ,!nd the Highway Easement Parcel being conveyed by the State to the City, the City shall convey to the State, by quitclaim deed, fee title to certain parcels on the west side ofTH 77, and north of 66th St., as shown in orange on Exhibit I. The State shall prepare and record conveyance documents in accordance with its Joint Powers Contract (Rev: 2/7/2006) -2- J3-5 Mn/DOT Contract No: CFMSContract No: normal procedures. Prior to signing such documents, both parties shall be afforded the opportunity to review such documents. The State shall provide copies ofthe recorded conveyance documents to the City. Prior to accepting the conveyance, the State shall have a reasonable period of time to investigate title. If the State concludes that title to the property is unsatisfactory, then the State may, at its discretion, either terminate this Agreement or pursue such legal actions as it deems necessary to quiet title at no expense to the City. Neither the State nor the City shall be obligated to convey to the other until both parties are able to convey their respective properties. 2.7 Cooperation with MAC. The State and the City shall work with MAC as reasonably necessary to secure MAC's review and approval oflegal descriptions and conveyance documents, as well as to investigate title and quiet title (if necessary) to parcels previously owned by MAC that are the subject of this Agreement. 3. Payment There shall be no direct payment from one party to another as result of this agreement. The parties agree that the transfers of property interests contained herein shall be mutually beneficial to maintenance of their respective road systems and that such mutual transfers constitute the full and sufficient consideration for entering into this Agreement. 4. Authorized Representatives Each party's Authorized Representative shall be responsible for administering this Agreement, and shall have the right to accept or reject legal descriptions or conveyance documents proffered by another party and to give or receive any notice required or permitted pursuant to the terms of this Agreement. 4.1 The State's Authorized Representative is Debra Sleeper, Metro District RIW Engineer; 1500 W. County Road B2, Roseville, MN 55113 (651-582-1658), or her successor. 4.2 The City's Authorized Representative is Steven Devich, City Manager; 6700 Portland Ave, Richfield, MN 55423 (612-861-9702), or his successor. 5. Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. No party may assign or transfer any rights or obligations under this agreement without the prior consent ofthe other parties and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this agreement must be in writing and shall not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 5.3 Waiver. If a party fails to enforce any provision ofthis agreement, that failure does not waive the provision or its right to subsequently enforce it. 5.4 Contract Complete. This agreement contains all negotiations and agreements between the Parties. No other understanding regarding this agreement, whether written or oral, may be used to bind a party. This Agreement was mutually drafted by the parties and they had opportunity to review this Agreement with legal counsel. 6. Liability Joint Powers Contract (Rev: 2/7/2006) - 3 - " 13-lP Mn/DOT Contract No: CFMS Contract No: Each party shall be responsible for its own acts and omissions and the results thereof to the extent authorized by law. The liability of the City is governed by Minnesota Statutes chapter 466 and other applicable law. The State;s liability is governed by Minnesota Statutes ~3.736 and other applicable law. 7. State Audits Under Minnesota Statutes ~ 16C.05, subd. 5, the parties books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement. 8. Government Data Practices The Parties must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by a party pursuant to this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by a party pursuant to this agreement. The civil remedies of Minnesota Statutes ~ 13.08 apply to the release of the data referred to in this clause by either the State or its political subdivisions. 9. Venue Venue for all legal proceedings arising out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10. Termination This Agreement may be terminated only by the written agreement of the parties. [The remainder ofthis page has been intentionally left blank] Joint Powers Contract (Rev: 2/7/2006) -4- " {3.....1 Mn/DOT Contract No: CFMS Contract No: STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minnesota Statutes ~ 16A.15 and 16C.05. , DEPARTMENT OF TRANSPORTATION Signed: By: . (With delegated authority) , Date: Title: CFMS Contract No. A- Date: CITY The City certifies that the appropriate person(s), have executed this agreement on behalf of the City as required by applicable resolutions, ordinances, or charter provisions. COMMISSIONER OF ADMINISTRATION By: -BY: (With delegated authority) Date: MARrIN KIRSCH Title: MAYOR Mn/DOT Contract Management Date: February 14, 2006 By: (as to form and execution) By: Date: STEVEN DEVICH Title: CITY MANAGER Recommended for Approval by Metro District Right of Way Engineer By: Date: Date: February 14, 2006 Joint Powers Cmitract (Rev: 2/7/2006) - 5 - .. "" 13.- $fMn/DoT Contract No: CFMS Contract No: INCLUDE COpy OF RESOULUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. 'I, Joint Powers Contract (Rev: 2/7/2006) - 6 - w.' s CEDAR AVE SITE o 25 50 100 150 200 Feet ~-_ I ...... . AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # 14 REPORT # 39 ~ STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 14, 2006 REpORT PREPARED By: KRISTIN ASHER, ASSISTANT CITY ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: Er ri . REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Parking policy on 76th Street where designated bike route exists. 1. RECOMMENDED ACTION: By Motion: Determine parking policy along designated bike route on 76th Street - west of Lyndale Avenue to provide guidance to City staff. I II. BACKGROUND I 76th Street has historically been signed "No Parking Anytime Except Sundays". Recently the stretch west of Lyndale Avenue was striped to include a designated bike lane on both sides of the roadway. It was assumed that parking would be restricted due to the bike lanes so when the bike route signs were installed, "No Parking Anytime" signs replaced the existing signs, which allowed for parking on Sundays. Staff received a request from an adjacent property owner - Berea Lutheran Church, 7538 Emerson Avenue - to allow for parking on the north and south sides of 76th Street on Sundays between Emerson and Dupont Avenues due to the inadequate 0214Parking size of their parking lot. They stated that 10 to 12 cars have parked on 76th Street during Sunday church services prior to the creation of the bike lane. City staff is aware that a similar concern may surface near the House of Prayer Church if the 76th Street bike lane is extended east to Cedar Avenue. Mn Statute 169.18 Subd. 3(3) - The operator of a motor vehicle overtaking a bicycle... in the same direction of the roadway shall leave a safe distance, but in no case less than three feet clearance, when passing the bicycle... and shall maintain clearance until safely past the overtaken bicycle or individual. Based on statute, 76th Street is wide enough to minimally accommodate limited parking, but less than desirable. Staff suggests limiting allowable parking to areas near churches and other special need situations to be determined on a case by case basis. Staff also recommends placing time restrictions on the parking (Le., "No Parking Except Sundays Between 8 a.m. - 12 p.m.). Berea Lutheran Church is located north of 76th Street. Consideration should be given to allowing restricted parking on the north side only. I III. BASIS OF RECOMMENDATION I I A. POLICY I . City staff is looking for guidance on a parking policy for on-street parking spaces adjacent to designated bike routes. I B. CRITICAL ISSUES I . The right-of-way width on 76th Street (44') will minimally accommodate a parked vehicle, a bicyclist, and one lane of moving traffic in both directions. However, this space provided would be less than desirable. I C. FINANCIAL I . Staff time to replace parking signs if Council recommends allowing parking on Sundays. . Cost for sign fabrication if signs with parking time restrictions are recommended. I D. LEGAL I . The issue of on-street parking is discretionary and does not have legal implications. I IV. ALTERNATIVE RECOMMENDATION(S) I . Allow for parking along the 76th Street bike lane on Sundays. . Allow for parking along the 76th Street bike lane on Sundays only near . churches and other special case situations determined on a case by case basis. . Allow for parking along the 76th Street bike lane on Sundays near churches with restricted times to accommodate services. . Allow for parking along the 76th Street bike lane on Sundays near churches with restricted times and only on one side of the street. . Do not allow parking at anytime along the 76th Street bike lane. I V. ATTACHMENTS . Cross section of 76th Street. . Map of area. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I . Representatives of Berea Lutheran Church. I I ~ ~. en 3:, w c en ~ C"J --- -- 00 :- , .. ~ w w z 0 ex:: I-t I- ~ U W CI') (/) -.l <t U I-t I 0.... >- ~ I- \D f"-- ~ ~ . LLJ . :z: ::s LU :~ " ex:: ,'0 ~ I- : u.J z :z W :, ::s LI- .' U-I Wz . ::> >I---i -;:;= <[D 00 ,0 O..-J I I N " '. U-I : :z :: <C , --1 . u.J .~ .as . ~ ~ en ~ c en I '-f~~ FREMONT DUPONT COLF AX ~ 0) II" I :::T en II" I ., CD CD ,...... 1J ., o -C o en CD c. 1J Q) ., ~ -- ::J <C AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # 15 REpORT # 40 ........ STAFF REpORT RICHFIELD CITY COUNCIL MEETING FEBRUARY 14, 2006 REpORT PREPARED By: THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ItS) REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consider moving bus stop on southbound Lyndale Avenue from south of 66th Street to north of 66th Street I. RECOMMENDED ACTION: By Motion: Request that Metro Transit move its southbound bus stop on Lyndale Avenue from south of 66th Street to north of 66th Street. I II. BACKGROUND I The City Bella Project has been open for some time and is fully leased with office tenants rather than retail tenants. Both retail tenants, Quiznos and Caribou Coffee, want to try more short-term parking. Many customers are impulse buyers who will not seek parking spots located far away. Parking is available on the street and behind the City Bella buildings. and pick up passengers. After a period of time an evaluation of the effect of additional on-street parking on City Bella businesses could be performed. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The City's Comprehensive Plan encourages business growth and promotes transit. The recommendation tries to balance these two policies. I B. CRITICAL ISSUES I . Business owners, residents and transit users will notice and be able to react to the change. I C. FINANCIAL I . The cost of moving bus stop signs and adding short-term parking signs should not exceed $500. I D. LEGAL I . The City Attorney will be available at the Council meeting to answer any legal questions Council may have. I IV. ALTERNATIVE RECOMMENDATION(S) I . Notify the manager of City Bella who Would notify his residents to obtain their comments before requesting the proposed change. This would delay moving the bus stop. City staff does not believe that moving the bus stop is a major issue that requires extensive public involvement. . Do nothing. The existing bus stop has a bus pullout and bus shelter that is well suited to transit needs. I V. ATTACHMENTS . None I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None anticipated.