032310completeagendaI
CITY OF RICHFIELD, MINNESOTA
TUESDAY, MARCH 23, 2010
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SPECIAL CITY COUNCIL WORKSESSION
CITY HALL COUNCIL CHAMBERS
6700 PORTLAND AVENUE
6:00 P.M.
AGENDA
Call to order
Roll call
1. Discussion regarding 2010 budget issues
Notes:
Adjournment
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
7:00 P.M.
AGENDA
INTRODUCTORY PROCEEDINGS
Call to order
Roll call
Open forum (15 minutes maximum)
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:
Pledge of Allegiance
Approval of minutes of (1) Special City Council Worksession of March 9, 2010 and (2)
Regular City Council Meeting of March 9, 2010
PRESENTATIONS
1. Presentation of proclamation designating April 10, 2010 as Richfield Optimists Club
Youth Foundation No Kids Left Behind Day
2. Presentation of 2009 Restaurant Food Safety Awards from Richfield Advisory Board of
Health (Council Memo No. 40)'
COUNCIL DISCUSSION
3. Council discussion
• Richfield Historical Society
• Hats Off to Hometown Hits
• Misinformation regarding 9-1-1 dispatching
Notes:
AGENDA APPROVAL
4. Council approval of agenda
CONSENT CALENDAR
5. Consent Calendar contains several separate items, which are acted upon by the City
Council in one motion. Once the Consent Calendar has been approved, the individual
items and recommended actions have also been approved. No further Council action is
necessary. However, any Council Member may request that an item be removed from
the Consent Calendar and placed on the regular agenda for Council discussion and
action. All items listed on the Consent Calendar are recommended for approval.
A. Consideration of approval of resolution providing for sale of $1,535,000 General
Obligation Bonds, Series 2010A S. R. No. 45
B. Consideration of approval of resolution authorizing issuance of Variable Rate
Demand Multifamily Housing Revenue Refunding Bonds, Series 2010 and Variable
Rate Multifamily Housing Revenue Notes, Series 2010 S.R. No. 46
C. Consideration of approval of resolution modifying Health Care Savings Plan for
eligible International Union of Operating Engineers, Local 49 bargaining unit
employees S.R. No. 47
D. Consideration of resolution restricting parking on both sides of 76th Street between
11th and 12th Avenues S. R. No. 48
E. Consideration of approval of award of contract to Clearwater Recreation, LLC. for
purchase and installation of play equipment and shade structure at Lincoln Athletic
Complex in amount of $55,000 S.R. No. 49
Notes:
1
6. Consideration of items, if any, removed from Consent Calendar
Notes:
RESOLUTIONS
7. Consideration of right-of-entry agreement for use of northern half of 7700 Pillsbury
Avenue, City's former Public Works Maintenance Facility, by Ron Clark Construction
and Design Company
Staff Report No. 50
Notes:
8. Consideration of revision to Exhibit D of Land Acquisition, Design and Construction
Cooperation Agreement between Metropolitan Council Environmental Services and City
of Richfield for Edina-Richfield Interceptor Improvements Project
Staff Report No. 51
Notes:
9. Consideration of resolution authorizing one-time employee Early Retirement Incentive
Program
Staff Report No. 52
Notes:
OTHER BUSINESS
10. Consideration of transfer of 2009 General Fund budget surplus up to $300,000 to
Capital Project Fund, effective December 31, 2009
Staff Report No. 53
Notes:
CITY MANAGER'S REPORT
11. City Manager's report
Notes:
12. 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:
13. 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.
J
CITY COUNCIL MINUTES
Richfield, Minnesota
Special Worksession
March 9, 2010
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 6:05 p.m.
ROLL CALL
Council Members
Present. Debbie Goettel, Mayor; Pat Elliott; Fred Wroge; Sue Sandahl; and Tom
Fitzhenry.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director;
Kristin Asher, City Engineer; Robert Hintgen, Utilities Superintendent; and
Cheryl Krumholz, Recording Secretary.
Item #1 DEMONSTRATION OF NEW SUPERVISORY CONTROL AND DATA
ACQUISITION (SCADA) UTILITY SYSTEM AND DISCUSSION OF POSSIBLE
CAPITAL INVESTMENTS AT WATER TREATMENT PLANT (COUNCIL MEMO
NO. 35)
Utilities Superintendent Hintgen demonstrated the SCADA utility system.
Utilities Superintendent Hintgen discussed the water plan and distribution improvements
project cost estimates.
City Manager Devich explained the potential funding sources.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:55 p.m.
Special Worksession Minutes -2- March 9, 2010
Date Approved:
Cheryl Krumholz
Recording Secretary
Debbie Goettel
Mayor
Steven L. Devich
City Manager
J
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
March 9, 2010
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:04 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom
Fitzhenry.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director;
Karen Barton, Acting Community Development Director; Kristin Asher, City
Engineer; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording
Secretary.
OPEN FORUM
Steve McKeown, 7104 Portland Avenue, stated his concerns regarding the poor road
condition of Portland Avenue and potential house and utilities damage from the Metro Transit
buses.
Public Works Director Eastling stated the City is having discussions with Hennepin County
regarding the County doing reconstruction of their roads, i.e. Portland, Nicollet, rather than
patching.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Council Meeting Minutes -2- March 9, 2010
M/Fitzhenry, S/Sandahl to approve the minutes of (1) Special City Council Worksession of
February 23, 2010 and (2) Regular City Council Meeting of February 23, 2010.
Motion carried 5-0.
Item #1 COUNCIL DISCUSSION
• HATS OFF TO HOMETOWN HITS
City Manager Devich discussed the public survey, as requested by the City Council, on the
website to gather input on the community's willingness to pay additional taxes for infrastructure
costs for the Dispatch Center in the new City Hall. He added the survey information and link to the
website are on the City's Twitter and Facebook accounts and will be in the Richfield Sun Current.
Council Member Fitzhenry stated he is doing research on possibly Richfield dispatching for
other cities.
Council Member Elliott and Mayor Goettel expressed concern regarding potential costs of
joining Hennepin County.
Mayor Goettel acknowledged the successful efforts of Council Member Sandahl and staff at
a Metropolitan Council meeting to stop the delay of the Richfield-Edina Interceptor Project and to
have it move forward as planned.
Mayor Goettel discussed The Biggest Loser television special taped earlier at Richfield
High School and is to be aired in the spring.
Council Member Fitzhenry stated complaints regarding the condition of Hennepin County
streets in Richfield should be directed to the City Public Works Department so a record can be
maintained and forwarded to the county.
Council Member Wroge acknowledged the death of Bob Turner, a Richfield resident active
in sports programs.
Council Member Sandahl acknowledged the recent media recognition of Frank White,
Programs/Athletics Manager, and the history of black baseball leagues.
Item #2 COUNCIL APPROVAL OF AGENDA
Mayor Goettel removed Item #3A from the Consent Calendar and moved it to Item #4 for
separate consideration.
M/Wroge, S/Fitzhenry to approve the agenda as amended.
Motion carried 5-0.
Council Meeting Minutes -3- March 9, 2010
Item #3 CONSENT CALENDAR
A. Item was removed from the Consent Calendar to be considered separately as Item #4.
B. Consideration of approval of scheduling public hearing on April 13, 2010 regarding issuance
of new on-sale wine and 3.2 percent malt liquor licenses for Joy's Pattaya Thai Kitchen,
7545 Lyndale Avenue S.R. No. 38
C. Consideration of approval of amendment to Metropolitan Council Family Affordable Housing
Cooperation Agreement to convert ten Family Affordable Housing Program units located in
Richfield to project based Section 8 units S.R. No. 39
M/Goettel, S/Sandahl to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
Former Item #3A - Consideration of approval of resolution authorizing Trailway
Cooperative Agreement between Three Rivers Park District and City of Richfield for
construction, easement rights, maintenance and use of Nine Mile Creek Regional Trail
associated with Edina-Richfield Interceptor Improvement Project S.R. No. 37
Council Member Wroge presented Staff Report No. 37.
Council Member Wroge asked about the overall cost of the trail, including cost sharing and
winter use.
City Engineer Asher explained the level of winter maintenance is still under discussion.
Kelly Grissman, Planner for Three Rivers Park District, explained the funding from the Park
District to reimburse the City for construction costs.
M/Elliott, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10347
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER
INTO A TRAILWAY COOPERATIVE AGREEMENT WITH THE THREE
RIVERS PARK DISTRICT FOR THE NINE MILE CREEK REGIONAL
TRAIL
Motion carried 5-0. This resolution appears as Resolution No. 10347.
Item #5 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING
SECTION 210.01 RELATED TO CITY COUNCIL SALARIES S.R. NO. 40
Council Meeting Minutes -4- March 9, 2010
Council Member Sandahl presented Staff Report No. 40.
Council Member Sandahl suggested the City Council receive a 0% salary adjustment.
M/Sandahl, S/Goettel that this constitutes the second reading of Bill No. 2010-1 amending
Section 210.01 related to Citv Council salaries, that it be published in the official newspaper and
that it be made part of these minutes.
Motion carried 5-0.
Item #6 CONSIDERATION OF RESOLUTION CALLING FOR PUBLIC HEARING ON
APRIL 27, 2010 TO CONSIDER MODIFICATION TO REDEVELOPMENT PLAN
FOR RICHFIELD REDEVELOPMENT PROJECT AREA AND PROPOSED
ESTABLISHMENT OF 2010-1 HOUSING TAX INCREMENT FINANCING
DISTRICT RELATING TO DEVELOPMENT OF 90-UNIT MARKET RATE
HOUSING DEVELOPMENT WITH AFFORDABLE COMPONENT AT 6401
LYNDALE AVENUE (WOODLAKE PLAZA) S.R. NO. 41
Council Member Wroge presented Staff Report No. 41.
Council Member Wroge questioned the proposed services and uses, appraisal of the site,
concerns related to how current tenants are treated, retail impacts in that area, and the lack of
blight.
Terry McNellis, Michael Development, explained the financial risks and responsibilities of the
owner and that the lender-ordered appraisal had not yet been received.
Council Member Wroge stated he liked the plans but not the providing of public financial
assistance.
Mayor Goettel expressed concern of using too much tax increment financing (TIF),
especially with the current budget issues facing the City. She added that residents have voiced
concerns with higher density, increased public safety issues, and a less-intrusive project. She also
had been contacted by current and former tenants.
Council Member Elliott stated the HRA presentation the previous evening had addressed
the concerns raised tonight. The building is attractive and tailored to lessen neighborhood impacts.
He expressed concerns voiced to him about the broker used by the owner to try to fill vacancies.
Council Member Elliott said he was not fond of TIF but he did like the higher-scale, new
development which the City had not experienced in several years.
Council Member Sandahl agreed with Council Member Elliott and expressed support for the
proposed development as new upper scale, yet affordable, rental housing and alternative for the
community.
Council Member Fitzhenry also expressed support that this development may encourage
other development in the area.
Council Meeting Minutes -5- March 9, 2010
Mayor Goettel clarified that several developers have shown interest in the Lyndale Garden
Center but that property has a difficult owner. She added other commercial sites in the City have
recently been purchased without TIF assistance.
Council Member Wroge suggested more financial negotiating be done.
end.
Mr. McNellis stated they have done other projects like this and the financial risk is on their
M/Wroge, S/Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10348
RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY
COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO
THE REDEVELOPMENT PLAN FOR RICHFIELD REDEVELOPMENT
PROJECT AREA; AND THE PROPOSED ESTABLISHMENT OF THE
2010-1 HOUSING TAX INCREMENT FINANCING DISTRICT, AND
THE ADOPTION OF A TAX INCREMENT FINANCING PLAN
THEREFORE
Motion carried 5-0. This resolution appears as Resolution No. 10348.
Item #7 CONSIDERATION OF SELECTION OF RAILING TYPE FOR INSTALLATION
ON PORTLAND AVENUE BRIDGE OVER TRUNK HIGHWAY 62 AS PART OF
MN/DOT 2010 REHABILITATION PROJECT S.R. NO. 42
Council Member Fitzhenry presented Staff Report No. 42.
Council Member Fitzhenry clarified Mn/DOT will pay the cost difference if an upgrade is
selected.
The City Council selected the Lyndale Avenue over 1-494 bridge railing.
M/Fitzhenry, S/Sandahl to approve selection of railing type for installation on Portland
Avenue bridge over trunk Highway 62 as part of Mn/DOT 2010 rehabilitation project.
Motion carried 5-0.
Item #8 CONSIDERATION OF PURCHASE OF INJECTION EQUIPMENT AND
CHEMICALS FROM JRK SEED TO INITIATE TREE INJECTION PROGRAM
TO PREVENT SPREAD OF OAK TREE DISEASE (TWO LINED CHESTNUT
BORER) IN AUGSBURG PARK FOR APPROXIMATE AMOUNT OF $21,000
S.R. NO. 43
Mayor Goettel presented Staff Report No. 43.
Public Works Director Eastling made a presentation, "Combating Tree Disease."
Council Meeting Minutes -6- March 9, 2010
Chris Link, Street Maintenance Supervisor, discussed the guidelines for diagnosing private
and public trees.
Public Works Director Eastling explained the inoculation/removal timeline.
M/Goettel, S/Sandahl to approve purchase of iniectioi
Seed to initiate tree infection program to prevent spread of o,
Borer) in Augsburq Park for approximate amount of $21,000.
Motion carried 5-0.
Item #9 CONSIDERATION OF RESOLUTION ADOPTING EMERALD ASH BORER
REMOVAL/TREATMENT POLICY S.R. NO. 44
Council Member Elliott presented Staff Report No. 44.
Public Works Director Eastling explained the inoculation of private trees is not offered by the
City but a list of professional service providers is given. Financial assistance similar to Dutch Elm
Disease is an option.
Public Works Director Eastling discussed the role of the Community Services Commission in
establishing criteria for the inoculation process. The recommended criteria would be presented to
the City Council for their consideration.
M/Elliott, S/Goettel that the following resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 10349
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ADOPT
THE FOLLOWING POLICY FOR THE REMOVAL AND TREATMENT
OF ASH TREES INFECTED WITH EMERALD ASH BORER
Motion carried 5-0. This resolution appears as Resolution No. 10349.
Item #10 CITY MANAGER'S REPORT
City Manager Devich discussed the Metropolitan Council meeting regarding the Richfield-
Edina Interceptor Project.
Item #11 CLAIMS AND PAYROLL
M/Wroge, S/Sandahl that the following claims and payrolls be approved:
Council Meeting Minutes -7- March 9, 2010
U.S. BANK 03-09-10
A/P Checks: 192791 - 193018
PAYROLL 64810 -65125
$ 1,613,189.85
$ 525,249.37
TOTAL
Motion carried 5-0.
OPEN FORUM
None.
ADJOURNMENT
$ 2,138,439.12
The City Council meeting was adjourned by unanimous consent at 8:40 p.m.
Date Approved:
Cheryl Krumholz
Recording Secretary
Debbie Goettel
Mayor
Steven L. Devich
City Manager
AGENDA SECTION: CONSENT
AGENDA ITEM # 5A
REPORT # 45
STAFF REPORT
CITY COUNCIL MEETING
MARCH 23, 2010
REPORT PREPARED BY:
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
CHRIS REGIS, FINANCE MANAGER
N"E, PYLE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution providing for the sale of $1,535,000 General Obligation, Series
2010A.
1. RECOMMENDED ACTION:
By Motion: Approve the attached resolution providing for the sale of
$1,535,000 General Obligation Bonds, Series 2010A.
II. BACKGROUND
The City is accomplishing two purposes in the proposed issuance of the $1,535,000
General Obligation Bonds, Series 2010A:
The first purpose of the 2010A bonds will use $1,345,000 of the par value to
provide funding for the purchase of rolling stock and technology equipment for
years 2010 and 2011. The City most recently issued G.O. Capital Notes in 2008
for equipment purchases in 2009.
• Prior to the imposition of state imposed levy limits, the City has funded
equipment purchases through its General tax levy. This was done to save the
City the cost of issuing bonds. However, with levy limits this option is no longer
available. Therefore, the use bonding is now part of the budget process and the
funding of equipment purchases.
• The debt service of this portion of the 2010A bonds will be supported through a
debt service tax levy over a four year period.
• The second purpose will be the use of $190,000 of the par value for the purpose
of paving the remaining alleys within the City that require paving. Paving the
0323GOBondCal l ForSale
remaining alleys will fulfill the City policy established in 1981 that dictated the
improvement of the City's alleys by concrete paving.
• At that time, it was also recommended that alleys with questionable futures
(alleys that fell within project areas) be excluded from the final paving project
until plans for adjacent projects were finalized. The projects under consideration
at the time included the 1-35W/Crosstown Reconstruction, Lyndale-Hub-Nicollet
Redevelopment, and Cedar Avenue. Due to the construction of the Cedar Point
Commons, City Bella and the 1-35W/Crosstown project, the future of the alleys in
question is now known.
• Currently there are five (5) alleys in north Richfield adjacent to 1-35W that are yet
to be paved. It has been City policy to assess the adjacent property owners for
the cost of the alley paving. Since the alleys are abutting public property (1-35W)
the City will be responsible for covering half the cost of the alley project.
• Accordingly, the $190,000 of par value of the 2010A bonds will be funded
equally by a debt service tax levy and the levying of special assessments
against the benefited property owners.
III. BASIS OF RECOMMENDATION
A. POLICY
• The issuance of Series 2010A is the fourth instance of debt being
issued to fund the purchase of rolling stock and technology
equipment.
• It has been the City's policy to pave all alleys with concrete and
subsequently assess the benefited property owners for the cost of the
project.
B. CRITICAL TIMING ISSUES
• The issuance of 2010A bonds is the only funding source for the
equipment purchases budgeted for 2010 and planned for 2011.
• The alley paving project is planned for 2010.
C. FINANCIAL
• Total Estimated Equipment purchases of 2010 and 2011 will be
$1,307,210 and the purchases will be funded entirely by the
$1,345,000 par value of the bonds.
• The equipment portion of the 2010A bonds will be financed by tax
levies in 2010, 2011, 2012 and 2013.
• The tax levy amounts will be an estimated $386,560 in 2010,
$356,696 in 2011, $357,680 in 2012, and $357,906 in 2013.
Equipment to be purchased is as follows:
2010 2011
Estimated Estimated
Description Cost Cost Total
1 - Fire Pumper $350,000 $ - $350,000
1 - Jaws of Life 25,000 - 25,000
2 - Mid Size Sedans 44,000 - 44,000
4 - Full Size Police Squads 115,000 - 115,000
3 - Full Size Police Squads - 90,000 90,000
2 - Dump Trucks - 320,000 320,000
4 -150 Tact Kettle Black Top Trailer - 6,000 6,000
1 - BE-5 Trailer
5 - %2 Ton Pickup
1 - Toro Z Mower
Network Switches & Servers
PCs & Laptops
Presentation Equipment
Printers, Copiers, & Scanners
Fiber & WiFi Network Equipment
Expansion of VoIP Phone System
Total
- 6,000 6,000
- 32,000 32,000
- 16,000 16,000
22,500 37,090 59,590
66,960 52,050 119,010
2,690 3,370 6,060
9,500 62,360 71,860
18,360 820 19,180
11,820 15,690 27,510
$665,830 $641,380 $1,307,210
• The estimated cost of the alley paving project is $180,000.
• The project will be funded through the par value amount of $190,000
of the 2010A bonds.
• The debt service on the bonds will be paid from a combination of a
debt service tax levy and a special assessment levied against
benefited property owners. The split will be 50% debt service tax levy
and 50% special assessment.
• The debt service tax levy for the Alley Paving portion of the 2010A
bonds will be over a ten year period and average approximately
$11,900 per year.
D. LEGAL
• Legal counsel has reviewed the Pre-Sale report and the attached
resolution.
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• None.
V. ATTACHMENTS
• Resolution
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Rebecca Kurtz, Ehlers & Associates, Inc.
• Jon North, Ehlers & Associates
5A-1
RESOLUTION NO.
RESOLUTION PROVIDING FOR THE SALE OF
$1,535,,000 GENERAL OBLIGATION BONDS, SERIES 2010A
WHEREAS, the City Council of the City of Richfield, Minnesota, has heretofore
determined that it is necessary and expedient to issue the City's $1,535,000 General
Obligation Bonds, Series 2010A (the "Bonds"), to finance various equipment purchases
and alley pavement improvements in the City; and
WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota
("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to
solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9);
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota, as follows:
1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals
for the sale of the Bonds.
2. Meeting; Proposal Opening. The City Council shall meet at 7:00 pm on April 27, 2010,
for the purpose of considering sealed proposals for and awarding the sale of the
Bonds.
3. Official Statement. In connection with said sale, the officers or employees of the City
are hereby authorized to cooperate with Ehlers and participate in the preparation of an
official statement for the Bonds and to execute and deliver it on behalf of the City upon
its completion.
Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of March,
2010.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
54-?'
Debt Issuance Services
E EHLERS
LEADERS IN PUBLIC FINANCE
March 23, 2010
Pre-Sale Report for
$1,535,000 General Obligation Bonds,
Series 2010A
City of Richfield, Minnesota
mmadd
www.ehiers-inc.com
Minnesota phone 651-697-8500 3060 Centre Pointe Drive
Offices also in Wisconsin and Illinois fax 651-697-8555 Roseville, MN 5511:3-1122
5?-3
Debt Issuance Services
Details of Proposed Debt
Proposed Issue: $1,535,000 General Obligation Bonds, Series 2010A
Purpose: Two purposes are contemplated in the 2010A Bonds.
1. Funding of approximately $1,345,000 for various equipment
acquisitions.
2. $190,000 of proceeds will help finance alley improvements, which
will be special assessed. The specific allocation of costs for each
project is attached to this report.
Authority: The Bonds are being issued pursuant to Minnesota Statues, Chapter 475,
and sections 410.32 and 412.301, as well as 429.
The Equipment Certificates are being issued pursuant to Minnesota
Statutes, 410.32 and 412.301. If the amount of equipment certificates
issued is more than .25% of the taxable market value, a public hearing and
reverse referendum must be held.
Because the City assessing at least 20% of the project costs for Purpose #2
(the Alley Improvements), the Bonds can be a general obligation without a
referendum and will not count against the City's debt limit.
The City has held the required public hearings and is under the maximum
amount of debt limit proscribed in each statutory authority.
Funding Source(s): For the Equipment Certificates portion of the Bonds, it is the intent of the
City to levy property taxes to support 105% of the debt service beginning
with taxes payable in 2011.
The City will special assess for the Alley Improvement projects. However,
the special assessments are over a 20 year term, while the bonds are
structured over a 10 year term. The City's PIR fund will be used to
support the first 10 years of debt service, with special assessments
repaying the PIR fund in the latter years.
The tax impact for the Bonds is found in the attached document.
Risk Factors: We have not assumed any pre-paid special assessments. This could reduce
the amount of PIR bridge financing.
Arbitrage Monitoring: The IRS is becoming more active in surveying municipal issuers. IRS
0 Presale Report October 8„ 20019
Page 2
50
Debt Issuance Services
rules regarding the amount of interest that the City may earn on bond
proceeds must be taken into consideration. If the City spends the bond
proceeds within 24 months according to specific percentages each six
months, interest earned on the proceeds above the bond interest rate does
not need to be rebated or repaid. The excess interest earnings are known
as arbitrage. The City will also need to keep its debt service funds within
IRS parameters to avoid penalties for carrying too high of a balance during
the life of the issue.
Rating: The City currently carries a Moody's Investor Service "Aa3" credit rating
on its outstanding bonds. We have discussed with staff the option of
switching to an alternative rating agency, Standard & Poor's, to rate the
current Bonds. Our experience in the past year is that Standard & Poor's
views local government ratings differently than Moody's which may lead
to an increase in the City's rating. Higher ratings mean lower interest
costs. The fees for the two different ratings agencies are comparable and
the marketplace does not appear to price one rating agency differently from
the other.
Bank Qualification: Because the City is issuing less than $30,000,000 in the calendar year, the
City will be able to designate the Bonds as "bank qualified" obligations.
Bank qualified status broadens the market for the Bonds, which can result
in lower interest rates. Today the spread between bank qualified and non-
bank qualified rates is minimal.
Term/Call Feature: The 2010A Bonds are being issued for a 10-year period. Interest is
payable each six months beginning February 1, 2011. Principal on the
2010A Bonds will be due on February 1 in the years 2011 through 2021.
The 2010A Bonds maturing February 1, 2016, and thereafter will be
subject to prepayment at the discretion of the City on February 1, 2015.
Other We will continue to monitor the market and the call dates for the City and
Considerations: will alert you to any future refunding opportunities.
40 Presale Report
October 8, 2009
Page 3
5A -5
Debt Issuance Services
Proposed Debt Issuance Schedule
Pre-Sale Review by Council: March 23, 2010
Distribute Official Statement: Week of April 6
Conference with Rating Agency: Week of April 13
City Council Meeting to Award Sale of the Bonds: April 27, 2010
Estimated Closing Date: June 1, 2010
Attachments
Sources and Uses of Funds
Proposed Debt Service Schedule
Bond Buyer Index
Resolution Authorizing Ehlers to Proceed With Bond Sale
Ehlers Contacts:
Financial Advisors: Rebecca Kurtz (651) 697-8516
Jon North (651) 697-8545
Bond Analysts: Diana Lockard (651) 697-8534
Debbie Holmes (651) 697-8536
Bond Sale Coordinator: Alicia Aulwes (651) 697-8523
The Official Statement for this financing will be mailed to the Council Members at their home address for
review prior to the sale date.
0 Presale Report
October 8, 2009
Page 4
STAFF REPORT
AGENDA SECTION:
AGENDA ITEM #
REPORT #
CITY COUNCIL MEETING
MARCH 23, 2010
CONSENT
5B
46
REPORT PREPARED BY:
CHRIS REGIS, FINANCE MANAGER
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
NAME, TITLE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution authorizing the issuance of Variable Rate Demand Multifamily
Housing Revenue Refunding Bonds, Series 2010 and Variable Rate Multifamily Housing
Revenue Notes, Series 2010.
RECOMMENDED ACTION:
By Motion: Approve a resolution authorizing the refunding of Variable
Rate Demand Multifamily Housing Revenue Bonds, Series 2007, with
the issuance of Variable Rate Demand Multifamily Housing Refunding
Revenue Bonds, Series 2010 and Multifamily Housing Refunding
Revenue Notes. Series 2010 pursuant to Minnesota Statutes 462C.
II. BACKGROUND
In May 2007, the City Council authorized the issuance of Variable Rate Demand
Multifamily Housing Bonds on behalf of Lynwood Partners, LLC (the "Borrower")
in the original aggregate principal amount of $15,445,000.
The financing provided funding for the acquisition and rehabilitation of Gateway
Pointe, a 306 unit multifamily rental housing development located at 7437
Lyndale Avenue South.
0323Lynwood
The proceeds derived from the sale of the Series 2007 Bonds were loaned to the
Borrower pursuant to the terms of a Loan Agreement, dated as of May 22, 2007
(the "Loan Agreement"), between the City and the Borrower.
As was the case with the 2007 issuance, the proceeds derived from the sale of
the Series 2010 bonds are proposed to be loaned to the Borrower pursuant to
the terms of a Loan Agreement, dated April 1, 2010, between the City and the
Borrower.
Also, the proceeds derived from the sale of the Series 2010 Notes are proposed
to be loaned to the Borrower pursuant to the terms of a Note Agreement between
the City and the Borrower
Finally, the proceeds of the loans made to the Borrower under the Loan
Agreement and the Note Agreement will be applied by the Borrower, together
with equity funds of the Borrower, to the redemption and prepayment of the
Series 2007 Bonds.
As a condition to the consideration of the issuance of such Series 2010 Bonds,
the City requires that the Borrower submit an application to the City with respect
to the proposed Refunding Bonds and Notes.
III. BASIS OF RECOMMENDATION
A. POLICY
• Under Minnesota Statutes, Chapter 462C the City of Richfield has
authority to issue revenue bonds.
• The Borrower has submitted an Application for Tax Exempt Bond
Financing to the City with respect to the proposed Refunding
Bonds.
B. CRITICAL TIMING ISSUES
• The issuance of these bonds will not count against the City's
annual allotment of Bank Qualified Debt.
C. FINANCIAL
• The, amount of the refunding will total $15,235 million. The
refunding issue will consist of the following estimated amounts:
Refunding Bonds $12,800,000
Refunding Notes 2,000,000
Cash (From Borrower) 435,000
$15,235,000
The bond and refunding note values stated in the resolution differ
from what is listed above. The amounts in the resolution are
maximum amounts only and are set at such amounts because the
Borrower and Wells Fargo Bank are still in negotiations regarding
0323Lynwood
the size of the letter of credit that will be issued to secure the
bonds. Once this amount is determined, then the respective
principal amounts of the bonds, refunding notes and the equity
contribution by the Borrower will be determined.
• The Borrower will pay all costs of issuance and other costs of the
financing out of Borrower equity funds.
• The bonds and notes will be issued in the City's name, but will not
be a charge against the City's general credit or taxing powers. The
City will act as a conduit for the financing of the project. It does not
create any financial liability to the City.
• The City is to be reimbursed and held harmless for and from any
out-of-pocket expenses related to the tax exempt financing,
including, but not limited to, legal fees, financial analyst fees, bond
counsel fees, staff costs, and any deposits or application fees
required under state law in order to secure allocation of bonding
authority.
• The applicant will be charged a non refundable application fee of
$2,500 and an annual administrative fee in the amount of 1/8th of
1 % (.125%) of the outstanding principal balance of the bonds and
notes. The amount received for 2010 would be approximately
$18,500.
D. LEGAL
• Kennedy & Graven will serve as bond counsel for the issue.
E. ENVIRONMENTAL
CONSIDERATIONS
• N/A -
IV. ALTERNATIVE RECOMMENDATION(S)
• Forgo approving the attached resolution and not proceed with the
issuance of the private activity refunding revenue bonds and notes.
V. ATTACHMENTS
• Resolution.
VI. PRINCIPAL PARTIES EXPECTED AT
MEETING
• John Utley, Kennedy & Graven, Chartered
• Representative from Lynwood Partners
0323Lynwood
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RESOLUTION NO.
AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS VARIABLE
RATE DEMAND MULTIFAMILY HOUSING REFUNDING REVENUE BONDS
(LYNWOOD PARTNERS, LLC PROJECT), SERIES 2010, AND ITS
SUBORDINATE MULTIFAMILY HOUSING REFUNDING REVENUE NOTES
(LYNWOOD PARTNERS, LLC PROJECT), SERIES 2010; APPROVING THE
FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE
BONDS, THE SUBORDINATE NOTES, AND RELATED DOCUMENTS;
PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH
RESPECT TO THE BONDS AND THE SUBORDINATE NOTES; AND
GRANTING APPROVAL FOR CERTAIN OTHER ACTIONS WITH RESPECT
THERETO
WHEREAS, the City of Richfield, Minnesota (the "City"), is a home rule city and political
subdivision of the State of Minnesota; and
WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is
authorized to carry out the public purposes described in the Act by issuing revenue bonds or other
revenue obligations to finance or refinance multifamily housing developments located within the City,
and as a condition to the issuance of such revenue bonds or other revenue obligations, adopt a housing
program providing the information required by Section 462C.03, subdivision 1 a, of the Act; and
WHEREAS, in the issuance of the City's revenue bonds and other revenue obligations and in the
making of a loan to finance a multifamily housing development the City may exercise, within its
corporate limits, any of the powers that the Minnesota Housing Finance Agency may exercise under
Minnesota Statutes, Chapter 462A, as amended, without limitation under the provisions of Minnesota
Statutes, Chapter 475, as amended, including the power to issue refunding obligations and to apply the
proceeds derived from the sale of the refunding obligations to redeem and prepay the bonds or other
obligations to be refunded; and
WHEREAS, the City prepared a housing program (the "Housing Program" or "Program") to
authorize the issuance by the City of revenue bonds in the principal amount of approximately
$16,000,000 to finance the acquisition and renovation by Lynwood Partners, LLC, a Minnesota limited
liability company (the "Borrower"), of a multifamily housing development in the City; and
WHEREAS, the Housing Program was prepared and submitted to the Metropolitan Council for
its review and on March 19, 2007, the City received correspondence from the Metropolitan Council
acknowledging receipt of the Housing Program and providing its comments with respect to the Housing
Program and the Project; and
WHEREAS, a notice of public hearing (the "Public Notice") was published in the Richfield Sun
Current, the official newspaper of the City and a newspaper of general circulation in the City, with
respect to: (i) the required public hearing under Section 147(f) of the Internal Revenue Code of 1986, as
amended (the "Code"); (ii) the required public hearing under Section 462C.04, subdivision 2, of the Act;
(iii) the Housing Program; and (iv) approval of the issuance of the Prior Bonds, as hereinafter defined;
and
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WHEREAS, the Public Notice was published at least fifteen (15) days before the regularly-
scheduled meeting of the City Council of the City and on April 24, 2007, the City Council conducted a
public hearing at which a reasonable opportunity was provided for interested individuals to express their
views, both orally and in writing, on (i) the Housing Program, (ii) the proposed issuance of the Prior
Bonds, in the approximate aggregate principal amount of $16,000,000, and (iii) the location and nature of
the Project (as hereinafter defined); and
WHEREAS, pursuant to Resolution No. 9922, adopted on April 24, 2007, the City Council of the
City approved the Housing Program and provided preliminary approval for the sale and issuance of the
Bonds, in the approximate aggregate principal amount of $16,000,000; and
WHEREAS, pursuant to Resolution No. 9931 adopted on May 8, 2007, the City Council of the
City authorized the issuance of its Variable Rate Demand Multifamily Housing Revenue Bonds
(Lynwood Partners, LLC Project), Series 2007 (the "Prior Bonds"), in the original aggregate principal
amount of $15,445,000, pursuant to the terms of an Indenture of Trust, dated as of May 1, 2007 (the
"Prior Indenture"), between the City and U.S. Bank National Association, as trustee (the "Trustee"); and
WHEREAS, the proceeds derived from the sale of the Prior Bonds were applied to make a loan
(the "Prior Loan") by the City to the Borrower pursuant to the terms of a Loan Agreement, dated as of
May 1, 2007 (the "Prior Loan Agreement"), between the City and the Borrower; and
WHEREAS, the Borrower applied the proceeds of the Prior Loan to finance the following: (i) the
acquisition and renovation of a 306-unit residential rental multifamily housing development, comprised of
nine buildings located at 7437 Lyndale Avenue South in the City (the "Project'); and (ii) the payment of
certain costs related to the issuance of the Prior Bonds; and
WHEREAS, the Project was designed and intended to be used primarily for rental to and
occupancy by persons and families of low and moderate income; and
WHEREAS, the Borrower has requested that the City issue, sell, and deliver its: (i) Variable
Rate Demand Multifamily Housing Refunding Revenue Bonds (Lynwood Partners, LLC Project),
Series 2010 (the "Bonds"), in the original aggregate principal amount not to exceed $12,800,000; and
(ii) Subordinate Multifamily Housing Refunding Revenue Notes (Lynwood Partners, LLC Project),
Series 2010 (the "Subordinate Notes"), in the original aggregate principal amount not to exceed
$4,000,000; and
WHEREAS, the proceeds derived from the sale of the Bonds will be applied to make a loan (the
"Loan") by the City to the Borrower pursuant to the terms of a Loan Agreement, dated on or after
April 1, 2010 (the "Loan Agreement"), between the City and the Borrower, whereby the City will apply
the proceeds derived from the Loan to the redemption and prepayment of a portion of the Prior Bonds;
and
WHEREAS, the Bonds will be issued pursuant to this resolution and an Indenture of Trust, dated
on or after April 1, 2010 (the "Indenture"), between the City and the Trustee, and the Bonds and the
interest on the Bonds: (i) shall be payable solely from the revenues pledged therefor under the Loan
Agreement; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory
limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the City or a charge against its
general credit or taxing powers; (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable,
upon any property of the City other than the City's interest in the Loan Agreement; and (v) shall not
constitute a general or moral obligation of the City; and
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WHEREAS, the Borrower has requested that the Subordinate Notes be issued by the City as
obligations subordinate in priority, payment, and security to the Bonds; and
WHEREAS, the proceeds derived from the sale of the Subordinate Notes will be loaned to the
Borrower pursuant to the terms of a Subordinate Note Agreement, dated on or after April 1, 2010 (the
"Note Agreement"), between the City and the Borrower, whereby the City will apply the proceeds
derived from the sale of the Subordinate Notes to the redemption and prepayment of a portion of the Prior
Bonds; and
WHEREAS, the Subordinate Notes will be issued pursuant to this resolution and the Subordinate
Notes and the interest on the Subordinate Notes: (i) shall be payable solely from the revenues pledged
therefor under the Note Agreement; (ii) shall not constitute a debt of the City within the meaning of any
constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the
City or a charge against its general credit or taxing powers; (iv) shall not constitute a charge, lien, or
encumbrance, legal or equitable, upon any property of the City other than the City's interest in the Note
Agreement; and (v) shall not constitute a general or moral obligation of the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
RICHFIELD, MINNESOTA, AS FOLLOWS:
1. The City acknowledges, finds, determines, and declares that the issuance of the Bonds
and the Subordinate Notes is authorized by the Act and is consistent with the purposes of the Act and that
the issuance of the Bonds and the Subordinate Notes, and the other actions of the City under the
Indenture, the Loan Agreement, the Note Agreement, and this resolution constitute a public purpose and
are in the interests of the City. In authorizing the issuance of the Bonds and the Subordinate Notes for the
refinancing of the Project and related costs, the City's purpose is and the effect thereof will be to promote
the public welfare of the City and its residents by providing multifamily housing developments for low or
moderate income residents of the City and otherwise furthering the purposes and policies of the Act.
2. For the purposes set forth above, there is hereby authorized the issuance, sale, and
delivery of the Bonds in one or more series in the maximum aggregate principal amount not to exceed
$12,800,000. The Bonds shall bear interest at the rates, shall be designated, shall be numbered, shall be
dated, shall mature, shall be in the aggregate principal amount, shall be subject to redemption prior to
maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed
in the Indenture, in the form now on file with the City, with the amendments referenced herein. The City
hereby authorizes the Bonds to be issued, in whole or in part, as "tax-exempt bonds," the interest on
which is not includable in gross income for federal and State of Minnesota income tax purposes.
All of the provisions of the Bonds, when executed as authorized herein, shall be deemed to be a
part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full
force and effect from the date of execution and delivery thereof. The Bonds shall be substantially in the
form in the Indenture on file with the City, which form is hereby approved, with such necessary and
appropriate variations, omissions, and insertions (including changes to the aggregate principal amount of
the Bonds, the stated maturities of the Bonds, the interest rates on the Bonds and the terms of redemption
of the Bonds) as the Mayor and the City Manager, in their discretion, shall determine. The execution of
the Bonds with the manual or facsimile signature of the Mayor and the City Manager and the delivery of
the Bonds by the City shall be conclusive evidence of such determination.
3. For the purposes set forth above, there is hereby authorized the issuance, sale, and
delivery of the Subordinate Notes in one or more series in the maximum aggregate principal amount not
to exceed $4,000,000. The Subordinate Notes shall bear interest at the rates, shall be designated, shall be
3
Sly-q
numbered, shall be dated, shall mature, shall be in the aggregate principal amount, shall be subject to
redemption prior to maturity, shall be in such form, and shall have such other terms, details, and
provisions as are prescribed in the Subordinate Notes, in the form now on file with the City, with the
amendments referenced herein. The City hereby authorizes the Subordinate Notes to be issued, in whole
or in part, as "tax-exempt bonds," the interest on which is not includable in gross income for federal and
State of Minnesota income tax purposes.
All of the provisions of the Subordinate Notes, when executed as authorized herein, shall be
deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein
and shall be in full force and effect from the date of execution and delivery thereof. The form of the
Subordinate Notes now on file with the City is hereby approved, with such necessary and appropriate
variations, omissions, and insertions (including changes to the aggregate principal amount of the
Subordinate Notes, the stated maturities of the Subordinate Notes, the interest rates on the Subordinate
Notes and the terms of redemption of the Subordinate Notes) as the Mayor and the City Manager, in their
discretion, shall determine. The execution of the Subordinate Notes with the manual or facsimile
signature of the Mayor and the City Manager and the delivery of the Subordinate Notes by the City shall
be conclusive evidence of such determination.
4. The Bonds shall be special, limited obligations of the City payable solely from the
revenues provided by the Borrower pursuant to the Loan Agreement and other funds pledged pursuant to
the Indenture and from payments made pursuant to an Irrevocable Letter of Credit, dated on or after
April 1, 2010 (the "Letter of Credit'), issued by Wells Fargo Bank, National Association, a national
banking association (the "Bank"), pursuant to the terms of a Reimbursement Agreement, dated on or after
April 1, 2010 (the "Reimbursement Agreement"), between the Borrower and the Bank. The City Council
of the City hereby authorizes and directs the Mayor and the City Manager to execute the Indenture, and to
deliver the Indenture to said Trustee, and hereby authorizes and directs the execution of the Bonds in
accordance with the terms of the Indenture, and hereby provides that the Indenture shall provide the terms
and conditions, covenants, rights, obligations, duties, and agreements of the owners of the Bonds, the City
and the Trustee as set forth therein.
All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be
a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in
full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially
in the form on file with the City, which is hereby approved, with such necessary and appropriate
variations, omissions and insertions as do not materially change the substance thereof, and as the Mayor
and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the
City Manager shall be conclusive evidence of such determination.
5. The Mayor and the City Manager are hereby authorized and directed to execute and
deliver the Loan Agreement and the Bond Purchase Agreement, dated on or after April 1, 2010 (the
"Bond Purchase Agreement"), between Dougherty & Company LLC (the "Underwriter"), the City, and
the Borrower. All of the provisions of the Loan Agreement and Bond Purchase Agreement, when
executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to
the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of
execution and delivery thereof. The Loan Agreement and Bond Purchase Agreement shall be
substantially in the forms on file with the City which are hereby approved, with such omissions and
insertions as do not materially change the substance thereof, and as the Mayor and the City Manager, in
their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be
conclusive evidence of such determinations.
4
56
6. The Subordinate Notes shall be special, limited obligations of the City payable solely
from the revenues provided by the Borrower pursuant to the Note Agreement. The City Council of the
City hereby authorizes and directs the Mayor and the City Manager to execute the Subordinate Notes and
hereby provides that the Subordinate Notes shall provide the terms and conditions, covenants, rights,
obligations, duties, and agreements of the owners of the Subordinate Notes and the City as set forth
therein.
7. The Mayor and the City Manager are hereby authorized and directed to execute and
deliver the Note Agreement. All of the provisions of the Note Agreement, when executed and delivered
as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if
incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery
thereof. The Note Agreement shall be substantially in the form on file with the City which is hereby
approved, with such omissions and insertions as do not materially change the substance thereof, and as
the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the
Mayor and the City Manager shall be conclusive evidence of such determinations.
8. To ensure compliance with certain rental and occupancy restrictions imposed by the Act
and Section 142(d) of the Internal Revenue Code of 1986, as amended (the "Code"), and to ensure
compliance with certain restrictions imposed by the City, a Regulatory Agreement, dated as of
May 1, 2007 (the "Original Regulatory Agreement"), was executed by the City, the Borrower, and the
Trustee, and delivered in conjunction with the issuance of the Prior Bonds. To ensure continuing
compliance with such restrictions, the Mayor and City Manager are hereby authorized and directed to
execute and deliver a First Amendment to Regulatory Agreement, dated on or after April 1, 2010 (the
"First Amendment to Regulatory Agreement"), between the City, the Borrower, and the Trustee. All of
the provisions of the First Amendment to Regulatory Agreement, when executed and delivered as
authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if
incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery
thereof. The First Amendment to Regulatory Agreement shall be substantially in the form on file with the
City which is hereby approved, with such omissions and insertions as do not materially change the
substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the
execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination.
9. The Bonds shall be special, limited revenue obligations of the City, the proceeds of which
shall be disbursed pursuant to the terms of the Indenture and the Loan Agreement, and the principal,
premium, and interest on the Bonds shall be payable solely from the revenues derived from the Loan
Agreement and the other sources set forth in the Indenture. The Subordinate Notes shall be special,
limited revenue obligations of the City, the proceeds of which shall be disbursed pursuant to the terms of
the Note Agreement, and the principal, premium, and interest on the Subordinate Notes shall be payable
solely from the revenues derived from the Note Agreement.
10. The Trustee is hereby appointed as Paying Agent and Bond Registrar for the Bonds.
11. The Mayor and the City Manager are hereby authorized to execute and deliver, on behalf
of the City, such other documents and certificates as are necessary or appropriate in connection with the
issuance, sale, and delivery of the Bonds and the Subordinate Notes, including an assignment to the Bank
of the mortgage granted by the Borrower to the City to secure the Bonds, various certificates of the City,
an Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038, with respect to the
Bonds and the Subordinate Notes, a certificate as to arbitrage and rebate, and similar documents, and all
other documents and certificates as shall be necessary and appropriate in connection with the issuance,
sale, and delivery of the Bonds and the Subordinate Notes. The City hereby approves the execution and
delivery by the Trustee of the Indenture and all other instruments, certificates, and documents prepared in
J 6
conjunction with the issuance of the Bonds that require execution by the Trustee. The City hereby
authorizes Kennedy & Graven, Chartered, as bond counsel to prepare, execute, and deliver its approving
legal opinions with respect to the Bonds and the Subordinate Notes.
12. The City will not participate in the preparation of an Official Statement relating to the
offer and sale of the Bonds (the "Official Statement"), and will make no independent investigation with
respect to the information contained therein, including the appendices thereto, and the City assumes no
responsibility for the sufficiency, accuracy, or completeness of such information (except for the limited
information with regard to the City that may be included therein). Subject to the foregoing, the City
hereby consents to the distribution and the use by the Underwriter of the Official Statement in connection
with the offer and sale of the Bonds. The Official Statement is the sole material consented to by the City
for use in connection with the offer and sale of the Bonds.
13. On any date subsequent to the date of issuance of the Bonds and the Subordinate Notes,
the Mayor and the City Manager are hereby authorized to execute and deliver any amendments or
supplements to any of the documents referred to in this resolution if, after review by bond counsel, the
Mayor and the City Manager determine that the execution and delivery of such amendment or supplement
is in the interests of the City. The Mayor and the City Manager may impose any terms or conditions on
their execution and delivery of any such amendment or supplement as the Mayor and the City Manager
deem appropriate.
14. Except as otherwise provided in this resolution, all rights, powers, and privileges
conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this
resolution or of the aforementioned documents shall be exercised or performed by the City or by such
members of the City Council, or such officers, board, body or agency thereof as may be required or
authorized by law to exercise such powers and to perform such duties.
No covenant, stipulation, obligation, or agreement herein contained or contained in the
aforementioned documents shall be deemed to be a covenant, stipulation, obligation, or agreement of any
member of the City Council of the City, or any officer, agent, or employee of the City in that person's
individual capacity, and neither the City Council of the City nor any officer or employee executing the
Bonds or the Subordinate Notes shall be personally liable on the Bonds or the Subordinate Notes or be
subject to any personal liability or accountability by reason of the issuance thereof.
No provision, covenant, or agreement contained in the aforementioned documents, the Bonds, the
Subordinate Notes, or in any other document relating to the Bonds or the Subordinate Notes, and no
obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to a
general or moral obligation of the City or any pecuniary liability of the City or any charge upon its
general credit or taxing powers. In making the agreements, provisions, covenants, and representations set
forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than
funds and revenues derived from the Loan Agreement and the Note Agreement which are to be applied to
the payment of the Bonds and the Subordinate Notes, as provided therein.
15. Except as herein otherwise expressly provided, nothing in this resolution or in the
aforementioned documents expressed or implied, is intended or shall be construed to confer upon any
person or firm or corporation, other than the City, and any holders of the Bonds and the Subordinate
Notes issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under
and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents,
and all of their provisions being intended to be and being for the sole and exclusive benefit of the City,
and any holders from time to time of the Bonds and the Subordinate Notes issued under the provisions of
this resolution.
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16. In case any one or more of the provisions of this resolution, other than the provisions
contained in Sections 4, 6, and 9 hereof, or of the aforementioned documents, or of the Bonds and the
Subordinate Notes issued hereunder shall for any reason be held to be illegal or invalid, such illegality or
invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of
the Bonds and the Subordinate Notes, but this resolution, the aforementioned documents, and the Bonds
and the Subordinate Notes shall be construed and endorsed as if such illegal or invalid provisions had not
been contained therein.
17. The Bonds, when executed and delivered, shall contain a recital that they are issued
pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the
regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State
of Minnesota relating to the adoption of this resolution, to the issuance of the Bonds, and to the execution
of the aforementioned documents to happen, exist, and be performed precedent to the execution of the
aforementioned documents have happened, exist, and have been performed as so required by law.
18. The Subordinate Notes, when executed and delivered, shall contain a recital that they are
issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Subordinate
Notes and the regularity of the issuance thereof, and that all acts, conditions, and things required by the
laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the
Subordinate Notes, and to the execution of the aforementioned documents to happen, exist, and be
performed precedent to the execution of the aforementioned documents have happened, exist, and have
been performed as so required by law.
19. The officers of the City, bond counsel, other attorneys, engineers, and other agents or
employees of the City are hereby authorized to do all acts and things required of them by or in connection
with this resolution, the aforementioned documents, and the Bonds and the Subordinate Notes, for the
full, punctual, and complete performance of all the terms, covenants, and agreements contained in the
Bonds, the Subordinate Notes, the aforementioned documents, and this resolution. If for any reason the
Mayor or the City Manager is unable to execute and deliver the documents referred to in this Resolution,
such documents may be executed by any member of the City Council or any officer of the City delegated
the duties of the Mayor or the City Manager with the same force and effect as if such documents were
executed and delivered by the Mayor or the City Manager.
20. The Borrower shall pay the administrative fee of the City on the date of issuance of the
Bonds and the Subordinate Notes and on each anniversary of the date of issuance of the Bonds and the
Subordinate Notes, in the amount of one-eighth of one percent (0.125%) of the outstanding principal
amount of the Bonds and the Subordinate Notes as of each such payment date. The Borrower will also
pay, or, upon demand, reimburse the City for payment of, any and all costs incurred by the City in
connection with the Project and the issuance of the Bonds and the Subordinate Notes, whether or not the
Bonds and the Subordinate Notes are issued, including any costs for attorneys' fees.
21. This Resolution shall be in full force and effect from and after its approval and
publication.
(The remainder of this page is intentionally left blank.)
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Adopted by the City Council of the City of Richfield, Minnesota, on this March 23, 2010.
CITY OF RICHFIELD, MINNESOTA
Mayor
City Manager
Attest:
City Clerk
RC145-612 (JU)
365141v.3
AGENDA SECTION: CONSENT
AGENDA ITEM # 5C
REPORT # 47
pv-?
STAFF REPORT
CITY COUNCIL MEETING
MARCH 23, 2010
REPORT PREPARED BY:
/
DEPARTMENT DIRECTOR REvIEw:
REVIEWED BY CITY MANAGER:
FRANCIE FLETCHER, H.R. COORDINATOR
NAME, YULE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution modifying the Health Care Savings Plan for the International
Union of Operating Engineers, Local 49 Bargaining Unit Employees.
1. RECOMMENDED ACTION:
By Motion: Adopt a resolution modifying a Health Care Savings Plan
for eligible International Union of Operating Engineers (IUOE), Local
49 bargaining unit employees.
II. BACKGROUND
In 2001 the Minnesota legislature granted authority to the Minnesota State
Retirement System (MSRS) to offer a post employment 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 employment 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.
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
0323HCSP
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, Police
Supervisory and IUOE, Local 49 employee groups have established a City-
approved Pos Employment Health Care Savings Plan.
The IUOE, Local 49 bargaining unit, which is comprised of approximately 39
members, has approved the attached modification to their plan based upon a
majority vote by employees eligible to vote on the matter.
III. BASIS OF RECOMMENDATION
A. POLICY
• The State Statutes have been amended to provide the opportunity for
a very valuable benefit to City employees. The City of Richfield has
made this benefit available to 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 the modifications to this program for
employees who are represented by a collective bargaining agreement
through the IUOE, Local 49.
B. CRITICAL TIMING ISSUES
• There is no critical timing issue pertaining to the implementation of this
plan. However, the IUOE, Local 49 bargaining unit has expressed a
desire to implement the program effective April 1, 2010.
• After City approval, this plan must be submitted to MSRS for their
approval and filing.
C. FINANCIAL -
• 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 Employment medical
costs.
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 IUOE, Local
49 provides the full local authorization for this plan.
IV. ALTERNATIVE RECOMMENDATION(
S?
• 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.
V. ATTACHMENTS
• Resolution
• IUOE, Local 49 Post Employment Health Care Savings Plan modified policy
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
0 None
SC-I
RESOLUTION NO.
RESOLUTION APPROVING LETTER OF AGREEMENT BETWEEN THE CITY OF
RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49
MODIFYING CURRENT POST EMPLOYMENT HEALTH CARE SAVINGS PLAN
, WHEREAS, Laws of Minnesota 2001, chapter 352.98, authorizes the Minnesota
State Retirement System (MSRS) to offer a Post Employment 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 IUOE, Local 49.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Richfield hereby approves the attached modification to the current Health Care Savings
Plan for Labor and Trades employees represented by IUOE, Local 49 in the City of
Richfield.
Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of
March 2010.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
5c-
Policy: International Union of Operating Engineers, Local
49 Post Employment Health Care Savings Plan
Approved by: Richfield City Council on March 23, 2010
Effective Date: April 1, 2010
Page: 1 of 1
Plan Purpose 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
Employment Health Care Savings Plan, administered by the Minnesota
State Retirement System (MSRS), is intended to provide an opportunity
to accomplish that goal.
Post Employment The Post Employment Health Care Savings Plan (HCSP) is an
Health Care Employer sponsored program that allows eligible employees to:
Savings Plan 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.
Eligibility to Participation in the IUOE, Local 49 HCSP is mandatory for all
Participate employees that are members of the Richfield IUOE, Local 49 Pay
Classification Plan at the time of termination of employment.
Contribution Mandatory participation in the HCSP shall be in accordance with, and
Formula limited to the following formulas for contributions:
1. Biweekly Contribution
1. An eligible Employee will contribute $25 of their base biweekly
wage to the Employee's account in the IUOE, Local 49 HCSP.
II. Severance Contribution
1. The first 40 hours of accumulated but unused Vacation Leave
or Personal Leave or a combination thereof shall be paid as
a credit to the Employee's account in the HCSP.
2. All severance payments based upon Vacation Leave and/or
Personal Leave are calculated as described above, by
multiplying the number of hours by the applicable rate of pay at
the time of termination.
3. Contributions authorized under this Plan shall continue until
such time as this policy is amended or repealed by the City of
Richfield.
50
HCSP The HCSP is authorized under the Internal Revenue Code and is
Administration administered by the Minnesota State Retirement System.
AGENDA SECTION: CONSENT
AGENDA ITEM # 5n
REPORT # L.R
M0- STAFF REPORT
CITY COUNCIL MEETING
MARCH 239 2010
REPORT PREPARED BY: KRISTIN ASHER, CITY ENGINEER
NAME, TITLE
DEPARTMENT DIRECTOR
REVIEW:
SIGNATURE
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution restricting parking on 76th Street.
1. RECOMMENDED ACTION:
By Motion: Adopt a resolution for "No Parking" on both sides of 76th
Street between 11th and 12th Avenues.
II. BACKGROUND
In order to have the option of using Municipal State Aid funding for the
reconstruction of 76th Street between 11th and 12th Avenues as part of the
Metropolitan Council's Sewer Project, the City is required to adopt a resolution
restricting parking in the construction limits of the project. The Metropolitan Council
is funding the reconstruction of the remainder of the project.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City Council has directed staff to include the reconstruction of 76th
Street between 11th and 12th Avenues in the Metropolitan Council's
Sewer Project.
B. CRITICAL TIMING ISSUES
0323201ONo Parking
• The project has currently advertised for bids and construction will
begin this summer.
C. FINANCIAL
• The cost of No Parking signs including installation will be about $400.
D. LEGAL
• The City has the authority to restrict parking on public streets.
• The City Attorney will be available to answer questions.
E. ENVIRONMENTAL CONSIDERATIONS
• n/a
IV. ALTERNATIVE RECOMMENDATION(S)
The Council may choose not to adopt the "No Parking" Resolution at this
time; however, the resolution is required to be eligible for MSA funding.
V. ATTACMAENTS
• "No Parking" Resolution
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
0 None
6D- I
RESOLUTION NO.
RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS
"NO PARKING" ON 76th STREET
BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as
follows:
1. That the City staff is hereby authorized and directed to erect the following signs
at the following locations:
"No Parking Any Time" on both sides of 76th Street commencing
from the intersection of 12th Avenue west to 11th Avenue.
2. That when the aforementioned traffic control signs have been so erected on said
street, they shall be official traffic control signs of the City of Richfield and failure to
observe such signs shall constitute a violation of the traffic ordinance of this City.
Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of
March 2010.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION: CONSENT
AGENDA ITEM # 5E
REPORT # LL Q
", For " - I
STAFF REPORT
CITY COUNCIL MEETING
MARCH 23, 2010
REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES
DIRECTOR
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW: izi n ?`
REVIEWED BY CITY MANAGER: zoo-'M //\ 'f I /
ITEM FOR COUNCIL CONSIDERATION:
Consideration of award of contract to Clearwater Recreation, LLC., in the amount of $55,000,
for the purchase and installation of play equipment and shade structure at the Lincoln Athletic
Complex.
I. RECOMMENDED ACTION:
By Motion: Award the attached contract to Clearwater Recreation,
LLC., in the amount of $55,000, for the purchase and installation of
play equipment at Lincoln Athletic Complex.
II. BACKGROUND
As part of the renovation project for Lincoln Athletic Complex, play equipment and
a shade structure has been selected by the Community Services Commission to
be installed in the center of the site near the newly-constructed concession
building. The need for a shade structure was determined by the Lincoln Athletic
Complex Task-force, mainly to protect kids playing the on new equipment from
being struck by foul balls.
The Community Services Commission conducted a neighborhood meeting on
January 26, 2010 to gather preferences on the types of components to include in
the design. The attached Request for Proposal (RFP) includes the list of
neighborhood preferences and was sent to local play equipment vendors.
Play equipment proposals were submitted by seven play equipment vendors: Earl
F. Anderson, Inc. (EFA), Midwest Playscapes, Webber Design,
0323 Lincoln Play Equipment Contract
Minnesota/Wisconsin playground, Clearwater Recreation, Flagship Recreation and
Flanagan Sales. The selection committee used objective criteria outlined in the
project RFP. Based on these criteria, the committee scored all seven proposals
chose-the design offered by Clearwater Recreation.
III. BASIS OF RECOMMENDATION
A. POLICY
• The play equipment options were determined through a neighborhood
meeting, discussion with the Community Services Commission,
maintenance considerations and staff recommendations.
• At their March 16, 2010 regular meeting, the Community Services
Commission voted unanimously to recommend approval of the
purchase and installation of play equipment from Clearwater
Recreation, LLC.
B. CRITICAL TIMING
• As provided in the RFP, the installation of the equipment and shade
structure will be completed before June 1, 2010. .
• The proposed play equipment complies with current safety and ADA
requirements.
C. FINANCIAL
• Funding for play equipment and shade structure is included project
budget for Lincoln Athletic Complex in the amount of $55,000, which is
funded through an internal loan and paid back through past and future
Liquor Store proceeds.
• The Renovation of Lincoln Athletic Complex was approved as part of
the 2009 capital improvement budget.
D. LEGAL
• The attached- contract was reviewed by the City Attorney
IV. ALTERNATIVE RECOMMENDATION(S)
• None
V. ATTACHMENTS
• Proposed contract with Clearwater Recreation, LLC
• Lincoln Athletic Complex Request For Proposal
• Proposal from Clearwater Recreation, LLC
VI. PRINCIPAL PARTIES EXPECTED AT
MEETING
0 None
CITY OF RICHFIELD
HENNEPIN COUNTY, MINNESOTA
CONTRACT FOR MUNICIPAL CONSTRUCTION
Contract No. 2767
Class of Work: General Recreation Site Improvements
THIS AGREEMENT made this March 23, 2010, between the City of Richfield,
Minnesota, acting by and through its Mayor and City Manager, herein called the "City,"
and Clearwater Recreation, LLC, herein called the "Contractor," witnesseth; that the
Contractor, in consideration of the payment of the contract price therefor, amounting
substantially to Fifty-five thousand and 0/100 Dollars ($55,000.00), agrees to furnish all
materials (except such as are specified to be furnished by the City, if any), all necessary
tools and equipment, and to do and perform all the necessary work and labor for the full
completion of city projects as follows:
Lincoln Athletic Complex Play Equipment and Shade Structure
as detailed in the approved Request for Proposal and the proposal submitted by
Contractor, for the price and compensation set forth and specified in the Request for
Proposal, which is hereto attached and hereby made a part of this Agreement, all in
accordance with the plans, specifications and special provisions therefor on file in the
office of the Recreation Services Department, City of Richfield, and hereby made a part
of this Agreement. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns.
The Contractor agrees that the work shall be done and performed in the best and most
workmanlike manner; that all materials and labor shall be in strict conformity in every
respect with the plans, specifications and special provisions for the improvement, shall
be subject to inspection and approval of the Richfield Recreation Services Director and
in case any material or labor supplied shall be rejected by the Richfield Recreation
Services Director as defective or unsuitable, then such rejected material shall be
removed and replaced with approved material and the rejected labor shall be done
anew to the satisfaction and approval of the Richfield Recreation Services Director and
at the cost and expense of the Contractor.
The Contractor agrees to pay subcontractors within ten days of receipt of payment from
the City for materials and/or services rendered. The Contractor will be required to pay
the subcontractor interest in the amount of 1.5 percent per month or any part of the
month on any undisputed amount not paid on time.
5E-),
Page 2
CITY OF RICHFIELD, HENNEPIN COUNTY, MINNESOTA
CONTRACT FOR MUNICIPAL CONSTRUCTION
Contract No. 2767
Class of Work: General Recreation Site Improvements
It is distinctly understood and agreed that no claims for extra work done or materials
furnished by the Contractor will be allowed by the City except as provided herein, nor
shall the Contractor do any work or furnish any materials not covered by the plans,
specifications, special provisions and this Agreement unless such work is first ordered
in writing as provided in the specifications.
Any such work or materials which may be done or furnished by the contractor without
such written order first being given shall be at his own risk, cost and expense and he
hereby agrees that without such written order he will make no claim for compensation
for work or materials so done or furnished.
It is further agreed, anything to the contrary notwithstanding, that the City of Richfield,
City Council and its agents or employees shall not be personally liable or responsible in
any manner to the Contractor, Subcontractors, material men, laborers or to any person
or persons whomsoever for any claim, demand, damages, actions or causes of action of
any kind or character arising out of or by reason of the execution of this Agreement or
the performance and completion of the work and improvement provided herein.
Dated at Richfield, Minnesota, this
Signatures for Clearwater Recreation, LLC ("Contractor')
By
Its
Signatures for the City of Richfield, Minnesota ("City")
By
Its Mayor
By
Its City Manager
CITY OF RICHFIELD, MN 55423
RECREATION SERVICES DEPARTMENT
REQUEST FOR PROPOSAL
FOR
DESIGN, SUPPLY -& INSTALLATION
OF PLAYGROUND EQUIPMENT AND SHADE STRUCTURE
AT LINCOLN ATHLETIC COMPLEX
GENERAL GUIDELINES.
A. Requests For Competitive Proposals.
The City of Richfield is seeking competitive proposals from interested and
qualified companies for the design, supply and installation of playground
equipment and shade structure at Lincoln Athletic Complex, 7500 Pleasant
Avenue South, Richfield, MN 55423.
B. Owner and Submission Information.
Interested companies should submit ONE COPY of their competitive proposals
to:
Jim Topitzhofer, Recreation Services Director
CITY OF RICHFIELD
7000 Nicollet Avenue South
Richfield, MN 55423
RE: Lincoln Athletic Complex Proposal
Competitive proposals shall include all of the items set forth in Section II below.
Any questions regarding this Request for Proposals should be directed to Jim
Topitzhofer, Recreation Services Director at 612-861-9394.
All proposals must be sealed and submitted to the Recreation Services
Department at the above address by 10:00 a.m. on Tuesday, March 9, 2010.
Late submissions will not be considered.
II. PROJECT DESCRIPTION AND SCOPE.
A. General Project Scope.
The City of Richfield Recreation Services Department is seeking competitive
proposals for the design, supply and installation of playground equipment and
shade structure for one existing play container at Lincoln Athletic Complex as
defined in Section II B and C.
5
B. Budge ?e
Design, supply and installation of the play equipment, shade structure (footings
for shade structure provided by owner), wood fiber, resilient surface, fabric, sand
base, benches, drain tile, freight, delivery and sales tax should not exceed the
budget of $55,000:
C. Design and Cost Proposals
The Proposer shall provide a play equipment design suitable for the proposed
play container. The shade structure shall fully cover the entire play area to
protect users from the sun and foul balls from nearby ballfields. The City has
already constructed the concrete border for the play container with sub-grade
and has excavated four holes for the shade structure footings. No further
modifications to the play container dimensions will be allowed.
The Proposer should provide materials and installation of resilient surface as part
of one base bid. Resilient surface shall be wood fiber. The Proposer shall
provide the installation of six-inch (6") sand base and fabric. All resilient surface,
play equipment materials and shade structure materials must be transported
within the construction via a skid-steer. Semi trucks and large vehicles are
prohibited at all times within the construction site.
Equipment must meet the following guidelines:
1. Proposer must visit the-site and take measurements of existing container to
ensure CPSC distance guidelines. A cad drawing of the container is
available upon request by contacting John Evans at 612-861-9395.
2. Conform to all CPSC and ASTM guidelines for the equipment itself;
3. Conform to all proposed ADA requirements, including design for sufficient
accessible resilient surfacing and sub-surfacing to meet the proposed
accessibility requirements;
4. Support posts must be a minimum of 5-inches and be powder-coated
aluminum or steel, no metal slide surfaces will be accepted, plastic
components must be graffiti-resistant and have UV protection, other
component features will be judged based on the design submitted;
5. Design should be, exciting, creative, and attractive and primarily aimed at 5-
12 year-old children. Design should include a secondary ground-level theme
oriented feature for 2-5 year-old children, to include components and
accessories listed below:
a. MAIN STRUCTURE
• Open slides only. Include two slides from a 96-inch deck and one
slide from a lower deck height.
• At least one overhead apparatus that provides a spinning motion.
• One corkscrew climber
• Simulated natural climbing wall feature, minimum 56 inches.
• Deck-to-Deck Steps
• Balcony Deck
• Talk Tubes
• Steering wheel panel, storefront type panel, and music-type panel.
• Arc Climber
6
Pods
b. Independent Play
• Ground-level spinning or spring items (animals, airplane, horse or
motorcycle) designed for ages 2 and up.
C. Swing Structures
• The design should not include swings.
d. Shade Structure
• Shade structure dimension should be 29 feet by 45 feet rectangular
• Four posts to support hip frame, square post minimum size 7 inch x
7 inch x 1/4 inch.
• Hip supports minimum 5 inch
• Shade height minimum 13 feet
• Structure must be designed to withstand 90-mile an hour wind and
be compliant with all Minnesota State Building Codes. The
Contractor is required to pull a building permit with the City of
Richfield Building Inspections Department. A stamped engineering
drawing with wind rating is required upon order.
• The City will contract the installation of footings for the shade
structure separately; however, the Contactor is required to provide
detailed specifications of the footings upon order to be compliant
with State building code.
Each competitive proposal submitted should reflect, by line item, the cost for the design,
purchase and installation of play equipment components, including all applicable sales taxes,
freight, and other costs associated with each piece of equipment. Costs should be broken
down into logical categories to aid the City in evaluation and include:
• All soft costs; including design, overhead, insurance, as well as all applicable sales taxes.
• All hard costs; including all work and materials related to the installation of play equipment,
resilient surfacing and safety surfacing.
Each Proposer must submit the following with bid:
• Written assurance that the safety surfacing and play area components meet all applicable
U.S. Consumer Product Safety Commission Guidelines, ASTM standards, proposed ADA
requirements, and other applicable state and federal requirements will be required from
each Proposer prior to contract initiation.
• Plan layout of design and catalogue(s) with proposed equipment and safety surfacing
identified for review by staff.
• Current warranty, insurance, and product specification information on all products and
materials included in your proposal.
• Written estimate of delivery and installation time frame.
D. Site Review
Each Proposer must visit the site to become familiar with the play container. See
the following exhibits for additional information:
7
5 E-?
Exhibit "A" - Park locator map which identifies the location of the park within the city.
E . References
Each Proposer shall provide a list of five municipal references. Each reference
must include the name and address of the jurisdiction where the Proposer has
installed equipment similar to the equipment proposed for this request, and the
name and daytime telephone number of an individual, who still works for the
jurisdiction that the City can contact. Municipalities should be within the
metropolitan area and the installation should not be more than five years old.
F. Specifications
Each proposal submitted shall clearly reflect post diameters, written wind rating
of shade structure and other specifications describing the type of materials
provide in the proposal.
III. EVALUATION AND SELECTION.
A. Desian Considerations
The design proposed will be a key factor in the selection process. The City
encourages innovative, interesting and exciting designs that will distinguish
Richfield parks. All available color selections will be made by the City following
the manufacture's standard color chart. Each proposal should consider the
following design issues:
1. Physical play area
2. Social and social interaction play zones
3. Creative play zones
4. Quiet play zones
5. Open and transition areas
6. Accessibility
B. Evaluation Criteria.
The Selection Committee will evaluate and rank each proposal against the
following criteria:
1. Overall design
2. Value
3. Delivery and installation timeframe
4. Warranty provisions
5. Review/Inspection of previous installations and/or references
The recommendation of the Community Services Commission will be provided to the
City Council. The City Council will award the contract to the successful vendor.
C. Contract and Insurance Reauirements.
The selected vendor will be required to enter into a contract with the City, provide
the City with a performance bond in an amount equal to the full amount of the
contract (or in the discretion of the City an irrevocable letter of credit) to assure
the timely performance of and payment for the work proposed, and assure their
availability to have the Project play equipment delivered no earlier than May 1,
2010, and the Project completed by June 1, 2010. Other contract and insurance
requirements include:
8
5-(-7
1. Worker's Compensation Insurance: The Contractor shall take out and
maintain, during the life of the contract, Worker's Compensation Insurance
with a company that is lawfully authorized to do business in the State of
Minnesota. Such insurance shall protect the Contractor, or Subcontractor or
anyone directly or indirectly employed by any of them from claims under
worker's compensation, disability benefit and other similar employee benefit
acts.
2. Commercial/Comprehensive General Liability Insurance: The
Contractor shall take out and maintain during the life of this contract Public
Liability Insurance, Property Damage Liability, and Personal Injury
Insurance with a company that is lawfully authorized to do business in the
State of Minnesota. Such insurance shall protect the Contractor,
Subcontractor, or anyone directly or indirectly employed by the Contractor
or Subcontractor performing work covered by this contract from claims
arising out of public liability, property damage, or personal injury including
death, as well as claims for property damage which may arise out of work.
The Contractor's policy shall list the City as an additional insured on a
primary or non-contributory basis. The recommended minimum limits of
insurance per project are:
• General Aggregate $500,000
• Product-Completed Operations Aggregate $500,000
• Personal and Advertising Injury $500,000
• Per Occurrence (Bodily Injury & Property Damage) $500,000
3. Fire Insurance: The Contractor is responsible for insuring for fire, and
extended coverage including vandalism and malicious coverage on the work
included in the contract from the beginning of the work until final acceptance
of the completed project. The policies shall cover all work incorporated in
the project and all material in place or stored at the site for installation
against loss by fire and wind. This provision does not exclude material
partially paid for by the Owner. This insurance shall be for the full insurable
value of the material and shall be kept in full force until final acceptance of
the work by the Owner.
4. Automobile Insurance: The Contractor shall take out and maintain during
the life of the contract Automobile Insurance with a company that is lawfully
authorized to do business in the State of Minnesota. The recommended
minimum limits of insurance are $1,000,000 combined single limit (131 & PD).
5. Payment to Subcontractors: The Contractor will be required to pay
subcontractors within ten days of receipt of payment from the City for
materials and/or services rendered. The Contractor will be required to pay
the subcontractor interest in the amount of 1.5 percent per month or any
part of the month on any undisputed amount not paid on time.
6. Building Permit: The shade structure must be designed to withstand 90-
mile an hour wind and be compliant with all Minnesota State Building
Codes. The Contractor is required to pull a building permit with the City of
Richfield Building Inspections Department. A stamped engineering drawing
9
with wind rating is required upon order. The Contactor is required to provide
detailed specifications of the footings upon order to be compliant with State
building code.
All insurance referenced in paragraphs 1 through 4 shall be placed with
companies acceptable to and approved by the City prior to the commencement
of the work. The Contractor shall submit copies of the certificate with the City
prior to commencement of the work. Certificates of insurance will not be canceled
or allowed to expire until at least 30 days prior written notice has been given to
the City. The City shall be shown on the General Liability coverage as an
"additional insured."
Any proposals received with limits lower than those referenced above may still be
considered for this project.
D. Reservations and Other Considerations.
1. The City of Richfield reserves the right to reject any or all proposals for
reasons of safety, quality, quantity, design or other issues deemed important
to the successful completion of the project. Any proposals exceeding the
maximum funding or footprint-on the site will be excluded.
2. Proposals are to be submitted on or before 10:00 a.m., March 9, 2010, to
Richfield Recreation Services Department, 7000 Nicollet Ave South, Richfield,
MN 55423, RE: Lincoln Park Proposal. For additional information contact Jim
Topitzhofer, Recreation Services Director, 612-861-9394. City Council award
of contract is scheduled on March 23, 2010. Proposal amounts will need to
be effective for 45 days after the above deadline.
3. The City reserves the right to accept proposals based upon factors other than
the lowest price as set forth in the evaluation criteria.
4. The City will not be responsible for any costs incurred by those submitting or
preparing competitive proposals. At the request of the Proposer, proposals
will be returned after the selection process has been completed and a vendor
selected.
5. The City reserves the right to revise the scope of the project based on budget
limitations and other relevant considerations.
6. The City reserves the right to select more than one provider for the play
containers.
Each Proposer must meet the City of Richfield contract requirements. The City reserves the
right to reject proposals that cannot meet contract requirements.
10
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Clearwater Recreation
Unique f'arkandKocreationAdventures
15070 Oakcrest Court
Savage Mn 55378
Phone (952)-440-7641 Fax (952)440-3864
EMAIL softail87@integraonline.com
Bill To:
City Of Richfield
7000 Nicollet Ave S
Richfield MN 55423
Alin Jim Topitzopher
612-861-9394
Comments or Special Instructions:
In compliance with your request for play design, we provide the following:
Quote in effect until March. 26th 2010
DATE 3/8/2010
Customer
Lincoln Complex
P.O. NUMBER SHIP DATE SHIP W4 F.O.B. POINT TERMS
MFINNEGAN May Best net 30
QUANTITY DESCRIPTION
1 Unique Custom Playfeature with shade
structure per drawing 669-50889
UNIT PRICE
Also included is 2 6R benches, woodfiber with
sand base and fabric.
This includes install of the above items
With Clearwater install warranty.
De/v of equipment in 4 weeks with install
to follow for a June 1st Grand opening.
GRADING OF SITE NOT INCLUDED/DOES NOT INCLUDE PREVAILING
WAGESJTHIS QUOTE DOES NOT INCLUDE UNKNOWN CONDITIONS
SUCH AS. BEDROCK TREES, STUMPS.. SHIPMENTS APPROX 45 WEEKS
PLEASE MAKE PO TO: CLEARWA TER RECREATION
Approved By Date
SIGNED BY.
Matt Finnegan
SUBTOTAL
AMOUNT
FREIGHT INC
INSTALL INC
TAX Inc
TOTAL $ 55,000.00
AGENDA SECTION: RESOLUTIONS
AGENDA ITEM # 7
REPORT # 50
WW7
STAFF REPORT
CITY COUNCIL MEETING
MARCH 239 2010
REPORT PREPARED BY:
CHRISTINE COSTELLO, COMMUNITY
DEVELOPMENT SPECIALIST
NAME, TITLE
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
SIGNATURE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a Right-of-Entry Agreement for use of the northern half of 7700 Pillsbury
Avenue, the City's former Public Works Maintenance Facility, by Ron Clark Construction and
Design Company.
1. RECOMMENDED ACTION:
By Motion: Approve Right-of-Entry Agreement for use of the northern
half of 7700 Pillsbury Avenue, the City's former Public Works
Maintenance Facility, by Ron Clark Construction and Design
Comnanv.
II. BACKGROUND
Ron Clark Construction and Design (Ron Clark) has presented a proposal to both
the Richfield City Council and the Richfield Housing and Redevelopment Authority
(HRA) regarding their plan to develop the former City Garage/HRA Mortuary site.
That proposal includes the development of 66 for-sale two and three-story
townhome units.
In recent months, another party (Minnesota Life College) had expressed an interest
in developing this property as well. Staff has been informed, however, that
Minnesota Life College's development plans will take quite some time to formulate
and that they do not wish to hinder other development opportunities from
proceeding.
10
032310-Right of Entry Ron Clark.doc
Ron Clark is now in the process of determining the financial feasibility of moving
forward with their project. On March 8, 2010 the HRA approved a Preliminary
Development Agreement (Agreement) with Ron Clark. This Agreement provides an
eight month period during which time the developer can conduct their site
investigation and other "due diligence" without the risk that the HRA would enter into
a Development Agreement with another party.
A major part of the site investigation to be undertaken by Ron Clark is related to
environmental investigation. The HRA's Agreement, which was drafted jointly by
staff, legal counsel and representatives of Ron Clark, allows the developer access
to the HRA-owned land. The attached Right-of-Entry Agreement, however, would
be needed to provide Ron Clark access to the City-owned property (the former
north half of the Public Works Maintenance Facility). This access is necessary in
order to conduct environmental studies such as soil borings and sample monitoring
in order to ensure that any hazardous substance or contaminants that may be found
in the soils or groundwater can be remediated.
While this Right-of Entry Agreement would allow Ron Clark access to the City's
property for their environmental investigation, it does not commit the City to
remediating any contaminants that may be identified. If such issues were identified
as a part of the proposed environmental investigation, the resolution to those issues
would be subject to a future agreement or in negotiations for the sale of the property
(subject to City Council consideration).
III. BASIS OF RECOMMENDATION
A. POLICY
• The Richfield Comprehensive Plan has been used as a guide for the
redevelopment of the former Richfield Public Works Maintenance
Facility (7700 Pillsbury Avenue).
• The Comprehensive Plan indicates that this area is guided for
Medium-High Density Residential use.
• Medium High Density Residential is considered a density that would
range from 12 to 24 units per acre and no greater than four stories tall.
• It is typical for a prospective property buyer to conduct environmental
investigation on a property before entering into negotiations to
purchase that property.
B. CRITICAL TIMING ISSUES
• The Right-of Entry Agreement is necessary so that Ron Clark may
enter City owned property to undertake environmental work prior to
the conveyance of the property to Ron Clark.
C. FINANCIAL
• The City is not responsible for any of the costs associated with the
proposed environmental investigation.
• The costs of any environmental remediation, if ultimately required,
would be the subject of future City Council deliberation.
D. LEGAL
• Legal counsel drafted the. Agreement and Right-of-Entry Agreement in
cooperation with staff and Ron Clark.
E. ENVIRONMENTAL CONSIDERATIONS
• This Agreement would allow for the implementation of soil borings,
sample monitoring wells, and other environmental studies on the
property in order to identify whether there may be hazardous
substances, pollutants or contaminants present that would need to be
removed before any development could begin on the site.
IV. ALTERNATIVE RECOMMENDATION(S)
• Approve the Right-of-Entry Agreement with added provisions or
modifications.
Do not approve the Right-of-Entry Agreement.
Continue the consideration of the Right-of-Entry Agreement to a later
meeting date.
V. ATTACHMENTS
• Right of Entry Agreement
• Map
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
0 Mike Roebuck, Vice President of Ron Clark Construction
I'l
CITY
RIGHT OF ENTRY
AND STANDSTILL AGREEMENT.
THIS AGREEMENT, made on this day of , 2010, by and between
THE CITY OF RICHFIELD, a Minnesota municipal corporation ("City") and THE HOUSING
AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, a
Minnesota public body corporate and politic ("HRA") and R.E.C.,Inc.a Minnesota Corporation
DBA RON CLARK CONSTRUCTION AND DESIGN, (" CLARK")
1.
RECITALS
1.01. City is the fee simple owner of the real estate located at the addresses and legally
described as such on the attached Attachment A ("City Property"). HRA is the owner of real estate
located at the address and legally described as such on the attached Attachment A ("HRA
Property").
1.02. HRA is undertaking discussions Clark concerning the possibility of redeveloping all
of the property shown on Attachment A. Such redevelopment would necessitate Clark purchasing
the City Property and the HRA Property.
1.03. HRA wishes to have its consultants conduct soil borings, dig and sample monitoring
wells and conduct other environmental studies on the City Property in order to identify whether
there may be hazardous substances, pollutants or contaminants present on the City Property, and to
conduct appraisals to determine the fair market value of the City Property.
1.04. Clark also desires to secure the consent of City to enter the City Property for the
purpose of conducting land surveys, and geotechnical testing. CLARK has requested that City grant
358788v6 JBD RC125-292
C-1
1its consent to the entry of these additional consultants onto the City Property to conduct their
studies.
1.05. It is understood that in executing this agreement, City will not be granting (a) any
permanent interest in the City Property to CLARK or the HRA, or (b) exclusive use or possession of
the City Property to CLARK or the HRA.
II.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and their mutual promises, the
parties hereto hereby agree as follows:
2.01. Right of Entry. Effective upon the date hereof, City hereby grants: (i) to Clark, its
agents, employees, contractors and invitees, and such other consultants as Clark may elect, the right
to enter upon the City Property, for the purpose of conducting the activities described in 1.04 above;
and (ii) to the HRA, its agents, employees, contractors and invitees and such other consultants as the
HRA may elect, the right to enter upon the City Property, for the purpose of conducting the
activities described in 1.03 above.
2.02. Consideration. In consideration for such right of entry, as to their separate activities,
Clark and the HRA agree to:
(a) Notify City of the date and time that work by Clark or the HRA or Consultants on
the City Property will commence under this Agreement which notice shall be at least
five (5) business days prior to doing any work on the City Property in order to
permit City's employees or consultants retained by City to be present during the
time any work is being done by CLARK or its Consultants;
(b) Secure all appropriate government approvals and permits for any work that will
358788v6 JBD RC125-292
C-2
1,,5
occur within public streets adjacent to the City Property;
(c) Provide a copy of all test results and reports prepared by Clark's or HRA's
employees or Consultants (except appraisal reports) evaluating the conditions
present on the City Property to City as soon as reasonably possible following final
completion thereof.
(d) Dispose of all solid waste generated during the course of Clark's or HRA's sampling
activities and other work on the City Property in accordance with applicable federal,
state and local laws, rules and regulations.
(e) Do the work in the shortest period of time reasonably necessary to complete such
activities authorized under this Agreement as Clark or HRA, in their sole discretion,
shall elect to undertake;
(f) Use the City Property only for the purposes described herein and not park or store
any equipment on the City Property, except during the limited periods of time when
the work on the City Property which is contemplated by this Agreement is actually
in progress;
(g) Do no unnecessary damage to the City Property and restore the City Property to
substantially the same condition as the condition in which it was found by Clark or
HRA at the time of Clark's or HRA's or their Consultants' entry upon the City
Property pursuant to this Agreement. As soon after completion of its work on the
City Property as allowed by applicable authorities, HRA shall properly abandon and
remove any well installed by HRA or its Consultants, in accordance with Minnesota
Department of Health regulations;
(h) Hold City harmless from and indemnify City from any and all claims, damages,
358788v6 JBD RC125-292
C-3
I'd
judgments or obligations, including the cost of defense of suit, arising out of
damage to City Property or arising out of injury to anyone incurred or alleged to
have been incurred in connection with or as a result of any work done pursuant to
this Right of Entry, or as a result of Clark's or the HRA or their Consultants'
intentional torts or negligence. Notwithstanding the foregoing, unless the City
Property is acquired by it, neither Clark nor the HRA shall not be responsible for
any submission or application for further investigation or feasibility analysis or the
proper methods or cost of removal, treatment or disposal of any pollutants,
contaminants or hazardous substances present on the City Property, it being the sole
responsibility of City to perform these tasks if required;
(i) Clark or HRA shall ensure that its Consultants or their contractors or invitees which
enter the City Property pursuant to this Agreement shall carry insurance during the
time any work is done on the City Property in accordance with the following
minimum requirements:
Workers' Compensation Insurance with limits as provided by statute, with all
necessary statutory elections to provide coverage for and/or claims made by any
person doing work on the City Property pursuant to this Right of Entry;
Employer's liability insurance (often included as coverage (b) in the Workers'
Compensation policy) with limits of $100,000;
Comprehensive Auto (and truck) Liability Insurance with minimum
combined single limits of $1 million per occurrence;
Comprehensive General Liability Insurance (including coverage for
contractual liability, products and completed operations liability, liability arising out
358788v6 JBD RC 125-292
C-4
q,5
of explosion, or underground related incidents) with minimum combined single
limits of $1 million per occurrence. In addition, the Comprehensive General
Liability policy shall include City as additional insured with respect to work done on
the City Property.
0) Clark will upon completion of all soils testing provide a complete copy of all soils
reports to the City and HRA
(k) Protect all monitoring wells with lockable caps and at least three protected posts.
2.03. Expiration. Unless extended by the mutual agreement of the parties, the right of
entry provided under this Agreement will automatically expire on November 1, 2010.
2.04 Standstill. Until the expiration of this Agreement, the City agrees that it will not:
(i) sell or encumber or engage in discussions involving the sale or encumbrance of the City Property
to anyone other than the parties to this Agreement; (ii) solicit proposals from any third party
involving the proposed development of the City Property. Nothing herein shall be construed: (i) as
obligating the City to subsequently agree to sell the City Property to the HRA or Clark; (ii) as
agreeing to any of the terms of any sale; or (iii) as agreeing to any potential use or development of
the City Property in the event of sale.
2.05. Governing Law. This Agreement shall be interpreted in accordance with the laws of
the state of Minnesota.
2.06. Notices and Demands. All notices, demands or other communications under this
Agreement shall be effective only if made in writing and shall be sufficiently given and deemed
given when delivered personally, transmitted by facsimile, or mailed by certified mail, return receipt
requested, postage prepaid, properly addressed as follows:
358788v6 JBD RC 125-292
C-5
J/l
If to City: City of Richfield
Attn:
6700 Portland Avenue South
Richfield, MN 55423
With a copy to: Corrine A. Heine
Kennedy & Graven, Chartered
470 U. S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
If to CLARK: Ron Clark
RON CLARK Construction and Design
7500 West 78th Street
Edina, MN 55439
With Copy to:
If to HRA: Richfield HRA
Attn:
6700 Portland Avenue South
Richfield, MN 55423
With a copy to: John B. Dean
Kennedy & Graven, Chartered
470 U. S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
Or to such other persons as the parties may from time to time designate in writing and
forward to the other persons entitled to receive notice as provided in this section.
2.07. Amendment. This Agreement may be amended by the parties hereto only by written
instrument executed with the same procedures and formality as were followed in the execution of
this Agreement.
358788v6 JBD RC125-292
C-6
A
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in
their names and on their behalves on or as of the above date.
City:
CITY OF RICHFIELD
By:
Its Mayor
By:
Its City Manager
RON CLARK Construction and Design, a
Minnesota
By:
Its:
Richfield HRA
By:
Its Chair
By:
Its Executive Director
358788v6 JBD RC 125-292
C-7
1A
ATTACHMENT A
List of City Property Addresses and Legal Descriptions
7700 Pillsbury Avenue South (north portion only
Lot 3, except the north 75.00 feet thereof, all of Lots 4 and 5, Block 4, R.C. Soens Addition,
according to the recorded plat thereof on file or of record in the office of the Registrar of Titles,
Hennepin County, Minnesota.
RJL-186567vl
NE 136-163
Map of Ron Clark Proposed Development Area / 1
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Created: CC
10/26/09
AGENDA SECTION: RESOLUTIONS
AGENDA ITEM # g
REPORT # 51
RPPPPP_1
STAFF REPORT
CITY COUNCIL MEETING
MARCH 23, 2010
REPORT PREPARED BY:
KRISTIN ASHER, CITY ENGINEER
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
NAME, TITLE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a Revision to Exhibit D of the Land Acquisition, Design, and Construction
Cooperation Agreement between the Metropolitan Council's Environmental Services (MCES)
and the City of Richfield for the Edina-Richfield (1-RF-491 Relief) Interceptor Improvements
Proiect.
I. RECOMMENDED ACTION:
By Motion: Approve Exhibit D - Revision 1 which summarizes
modifications to the Land Acquisition, Design, and Construction
Cooperation Agreement 091004 dated February 24, 2009 between the
Citv of Richfield and the Metropolitan Council.
II. BACKGROUND
Additional capacity in Metro Sewer Interceptor needed
The Metropolitan Council is the regional planning agency that serves the Twin
Cities' seven-county metropolitan area. The Council works with local communities
to provide many critical services, including the collection and treatment of
wastewater. The Metropolitan Council has adopted a plan for improving its facilities
in the Richfield and Edina area. Parts of the regional wastewater collection system
serving this area require additional capacity to manage additional flow volumes
generated by current and anticipated development and population growth in the
area.
032310MetCouncilCoop
Two sections completed
Two small areas of construction were completed in 2008 (1-35W crossing, between
Penn & Sheridan Avenues. Further construction will take place in 2010-11.
Restoration of 75th and 76t Streets, after the sewer construction, will implement the
City's new streetscape design that better reflects the values of the community and
provide recreational and alternative transportation opportunities.
Original Agreement
The original cooperative agreement essentially covered two items:
1. Allows City staff to provide services to MCES where interactions with
residents and businesses are needed throughout the project. Staff will work
with MCES to support and coordinate obtaining construction easements,
public information, and design tasks. The goal is to keep the residents and
businesses informed about the project and construction as it moves across
the City. In return for the services, the Metropolitan Council will reimburse
the City for staff time (by hourly rate) and reimbursable expenses.
2. Allows the City to reimburse Metropolitan Council for additional streetscape
work on 76th Street between 11th and 12th Avenues. The new streetscape
will be carried to 12th Avenue and the transition to the 4-lane section will
happen at the signal. This portion of the work may be funded using
Municipal State Aid dollars.
Requested Revisions
Exhibit D - Revision 1 includes the following:
1. Add a stipulation to the construction phase of the agreement which requires
the Metropolitan Council to reimburse the City for any tree replacements that
may occur within one year of construction completion, in the event attempts
to save the trees fail.
2. Remove from the construction phase of the agreement that the City will
remove street lights; the contractor is now expected to do this work.
3. Add the lining of approximately 100 linear feet and replacement of 1950
linear feet of City sanitary sewer (est. $49,223).
4. Add the replacement of City sanitary sewer (est. $43,875).
5. Add the relocation of utility poles, sidewalks, and control boxes on the 1-35W
Bridge to accommodate the new regional trail (est. $100,000).
6. Add the removal of 6' sidewalk and replacement with 10' multi-use trail
between the 1-35W Bridge and 76th Street (est. $17,925).
7. Add the undergrounding of overhead utilities (est. $550,000).
Section VI Rights of Entry -Change December 31, 2010 to December 31, 2012.
Next Steps
• Once the bid prices are known, the City Council may want to consider
securing Xcel User Fee (undergrounding surcharge) as a funding option for
the City's portion of the utility undergrounding. City staff will monitor the Met.
Council bid process and report the results. The attached Estimated Funding
Uses/Sources worksheet includes contingency expenses and $158,100 in
either MSA or Xcel Energy User Fees. _
• The City Council can finalize the funding plan once the bid prices are known
(see attached Estimated Funding Uses/Sources worksheet)
III. BASIS OF RECOMMENDATION
A. POLICY
• The City wishes to be involved in the project in order to respond to the
residents/businesses in a timely and efficient manner.
B. CRITICAL TIMING ISSUES
• Council action on the approval of Exhibit D is being requested at
tonight's meeting. However, any decision on how to pay for under
grounding of utilities would not be required until early summer. At that
time, more specific information on project costs and available
revenues will be known.
• This project was expected to commence in 2009, but was delayed.
The Metropolitan Council, at the urging of the City of Richfield,
recently decided to go ahead with this project beginning this summer.
This is good news for Richfield and the resident affected by the
construction and as such, staff would like to facilitate that schedule.
C. FINANCIAL
• The agreement allows the City to be reimbursed up to $375,000 for
staff time and reimbursable expenses.
• The total reimbursement from the City to the Metropolitan Council for
the additional streetscape between 11th and 12th Avenues and Exhibit
D - Revision 1 items shall not exceed $1,200,000. These items will
be funded through the cooperative agreement between the City and
Three Rivers Park District ($1,000,000), Xcel Energy User Fees,
and/or Municipal State Aid Funds.
D. LEGAL
• The City Attorney has reviewed the agreement and will be available to
answer questions.
E. ENVIRONMENTAL CONSIDERATIONS
• The project will replace many old water, storm water, and sanitary
sewer mains and service lines.
IV. ALTERNATIVE RECOMMENDATION(S)
• Do not approve the Exhibit D - Revision 1 at this time.
V. ATTACHMENTS
• Project Map
• Exhibit D - Revision 1
• Estimated Funding Uses/Sources Worksheet
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
0 Jeff Schwarz, Metropolitan Council
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Environmental Services
January 12, 2010
Kristin Asher
City of Richfield
6700 Portland Avenue
Richfield, MN 55423-2599
Subject: Revision to Cooperation Agreement 091004
MCES Project 805450 - 1-RF-491 Relief Interceptor
Dear Ms. Asher,
Please find attached "Exhibit D - Revision 1" that summarizes modifications to Land Acquisition, Design,
and Construction' Cooperation Agreement 091004 dated February 24, 2009 as identified during the design
phase of the referenced project. These revisions are allowed by Article V.3 of the Cooperation Agreement.
If the revisions are acceptable to the City, please sign and return an original copy of this letter for our files.
Please call me at 651-602-1176 if you have any questions or require additional information.
Sincerel ,
Avclfwarz, P. E.
ect Manager
I Environmental Services
REVISION: Section VI: Rights of Entry
Change December 31, 2010 to December 31,. 2012
CITY OF RICHFIELD
By
Steven L. Devich
Its City Manager
By
Debbie Goettel
Its Mayor
www.metrocouncil.org
390 Robert Street North • St. Paul, MN 55101-1805 • (651) 602-1005 • Fax (65?) 602-1477 • TTY (651) 291-0904
An Equal Opportunity Employe?
?/5
Exhibit D
Coordination, Support, and Execution Tasks
REVISION 1
344402v1 CAB RC145-588
?,4
City Services to Council
City staff and Contract Engineer will provide services to Council in the project management and
execution of land acquisition, design, and construction tasks as described below. Definition of
the tasks and the Consultant's responsibilities for the tasks are contained in Exhibit B.
Phase 3: Land Acquisition
3.1 Acquisition Planning
• Participate in and be a liaison for field inspections and surveys
• Participate in acquisition meetings and Acquisition Plan preparation
3.2 Public Information
• Participate in preparation of Property Owner Notification Letters and scheduling public
meetings
• Provide facilities and participate in public meetings
• Participate in web site updates with the Council Public Information Officer
8 Property Owner Negotiations and Agreements
• Contact Property Owners identified in the acquisition plan and negotiate City agreements
• Participate in Council Property Owner negotiations and agreements on acquisitions if
City agreements are not successful.
3.11 Condemnation Testimony
• Participate in condemnation proceedings if required.
Phase 4: Design
4.1 Public Involvement
Review and comment on public information materials, act as liaison between local
community and Council, and be a first point of contact for residents and business owners
Provide facilities and participate in public meetings
Participate in web site updates with the Council Public Information Officer
4.3 Utility Locations and Mapping
• Provide the latest versions of as built drawings to Council
• Participate in planning meetings with utility companies
• Enforce City Ordinance 802.47 requiring undergrounding of utilities at no additional cost
to the Council or City
4.7 Preparation of Draft Design Report
• Review and comment on H.R. Green's Design Technical Memorandum 60% Submittal
• Provide assistance with the design of the streetscape on 76th Street between 11 th and 12th
Avenues that the City has requested the Council install for the City at the City's expense
3444020 CAH RC145-588
0
• Act as Three Rivers agent to incorporate Three Rivers requirements into the streetscape
design
4.8 Technical Review Panel - Design
• Participate in Council's Independent Technical Review Panel
• Identify City facilities requiring design coordination
• Review construction sequencing plan, detailing the resident and business-related issues
that the design and construction should address.
4.9 Final Design Report
• Review and comment on H.R. Green's Final Design Report
4.12 Support of Securing Permits and Regulatory Approvals
• Waive City Excavation and Obstruction Permits
• Assist Council in obtaining regulatory approvals
Phase 5: Construction
5.2 Weekly Progress Meetings and Site Visits
• Participate in weekly progress meetings with Council and Contractor
• Schedule, provide facilities, and conduct weekly progress meetings with residents
• Act as liaison between local community and Council, and be a first point of contact for
residents and business owners
• Provide 80% of full time site inspection
• Communicate with MCES inspectors and provide copies of inspection reports
• Remove City owned street lights
REVISION 1 TO CITY SERVICES TO COUNCIL
Add the following items to Phase 5: Construction:
• Replace trees adjacent to the construction limits that die one year after work is
complete in the event attempts to save the trees fail.
Remove the following items from Phase 5: Construction:
• Remove Street Lights
The total reimbursement from the Council to the City shall not exceed $375,000.
344402v1 CAH RC145-588
Council Services to City
The Council will provide services to the City in the project management and execution of
construction tasks described below.
• Demolish all surface improvements on 76th Street from the north back of sidewalk to the
south back of sidewalk between 11 "' and 12th Avenues
• Furnish and install all material and labor required to provide streetscaping on 76th Street
between 11th and 12th Avenues including sidewalk, bike trail, curb, gutter, tree, and
pavement restoration.
• Furnish and install all material and labor required to replace the existing 9" City sanitary
sewer beneath 76th Street between 4th and Blaisdell Avenues with 10" PVC.
REVISION 1 TO COUNCIL SERVICES TO CITY
Add the following services:
• Line approximately 100 linear feet of existing City 12" sanitary sewer on the
intersection of Nicollet Ave. and 76th Street with cured in place pipe (CIPP).
• Remove and replace existing City 9" sanitary sewer on 11th Ave. between 73rd and
76th Streets.
• Relocate utility poles, sidewalks, and control boxes on I-35W bridge to
accommodate the new bike trail on West 76th Street.
• Remove the existing 6' sidewalk on the north side of West 76th Street between 76th
Street and the I-35W bridge. Replace with a 14' wide multi-use trail.
• Underground overhead utilities.
The revised total reimbursement from the City to the Council shall not exceed $1,200,000.
344402v1 CAH RC145-588
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Metropolitan Council Environmental Services (MCES) Sewer Project
1-RF-491 Relief Interceptor
City Project No. 41480
Estimated Funding Uses/Sources
Estimated Uses:
Interceptor Sewer Construction $7,400,000
Streetscape Reconstruction $4,300,000
Local Utilities $2,145,000
11th-12th Streetscape $266,700
Sanitary Sewer $47,300
Utilty Undergrounding" $1,500,000
Regional Trail $150,000
Miscellaneous Items $100,000
Contingency 10% $1,440,900
Total Uses $17,349,900
Estimated Sources: Recommended Alternative
Metropolitan Council $16,144,500 $16,144,500
City Utility Fund $47,300 $47,300
Municipal State Aid (MSA) $0- $158,100
Three Rivers Park District $1,000,000 $1,000,000
Xcel Energy User Fees $158,100- $0
Total Sources $17,349,900 $17,349,900
** The City's portion of the utility undergrounding is $550,000 per agreement.
AGENDA SECTION: RESOLUTION
AGENDA ITEM # 9
REPORT # S
PPP"7
STAFF REPORT
CITY COUNCIL MEETING
MARCH 23, 2010
REPORT PREPARED BY: ST?XEN L. DEVICH, CITY MANAGER
REVIEWED BY CITY
MANAGER:
TITLE
4
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution establishing a one-time employee early retirement incentive
program.
1. RECOMMENDED ACTION:
By Motion: Adopt the attached resolution authorizing a one-time
employee Earl Retirement Incentive Program.
II. BACKGROUND
The City is currently facing deep cuts in state financial aids for 2010 in the
impending Local Government Aid (LGA) reductions. While it is too soon to tell the
full extent of those cuts, it could be in the range of $1 million or more. There is no
way for the City to absorb that magnitude of state aid cuts in conjunction with levy
limits without significant reductions in services and ultimately, personnel.
One way to approach those reductions is to once again offer a mechanism to
encourage and soften the transition of some of the longest tenured employees into
retirement. The voluntary retirement of some employees would provide for a
reduction in staff that would assist in the City achieving the budget expenditure
reductions that will be necessary to meet the cuts in LGA that are expected for 2010
and beyond. Voluntary retirements will also reduce the number of staff reductions
that may be needed.
However, qualifying for a PERA pension and being in a financial position to be able
to retire are distinctly different matters, considering the high cost associated with
medical insurance. Moreover, most of the City employees who may qualify for a
PERA pension are considerably younger than 65 years of age, which would qualify
them for Medicare benefits. Thus, it is essential to provide some type of financial
0323retire
assistance to cover the costs of future medical insurance as an incentive for eligible
employees to consider early retirement.
The incentive program that has been developed by staff and is being proposed for
City Council approval is a two option lump sum payment incentive such as was
offered in 2009. Eligible employees who would retire on or before May 31, 2010
would receive a one-time lump sum contribution of $18,000 into their respective
Post Employment Health Care Savings Plan (HCSP). Eligible employees who
voluntarily retire after May 31 but before July 31, 2010 would receive a one-time
lump sum contribution of $15,000 into the employee's respective HCSP.
The program would utilize a formal application process and require timely
submission of such application for consideration by the City Manager.
The sooner such a program would be implemented; the sooner staff would know
who may be interested in such a program and how much savings may be attained
by the early retirement. It also provides a better framework for City staff to analyze
what further reductions will be needed.
III. BASIS OF RECOMMENDATION
A. POLICY
• There is currently no City early retirement incentive program available
to offer City employees.
B. CRITICAL TIMING ISSUES
• The timing of any early retirement incentive is critical. The sooner
staff knows if this will be an option, the sooner the information can be
conveyed to City employees who might want to take advantage of this
option.
• The retirement of any eligible employees is an important initial step in
preparing an analysis of any potential staff reductions that may be
required.
• Employees are concerned about what action the City will ultimately
take in meeting the LGA reductions for 2010 and beyond. The sooner
that staff has direction on this option the sooner that these decisions
can be made.
C. FINANCIAL
• The Early Retirement Incentive Program would potentially generate
significant savings to the City General Fund in that most, if not all, of
the positions vacated through the program would not be replaced or, if
necessary, be filled at a lower rate of pay and benefit, accrual.
• The cost of the program to the City is relatively not significant when
viewed in the context of savings that would be generated by each
early retirement.
The early retirement incentive proposed in this program is typical to
other programs offered by other governmental subdivisions.
• The actual funding from the program would be established through the
City's Self Insurance Fund and would not be charged to the City
General Fund.
D. LEGAL ,
• The City has the legal authority to provide such one-time early
retirement incentives.
• The Early Retirement Incentive Program has been reviewed by the
City Attorney.
• Such financial incentives programs should be formally authorized by
City Council Resolution.
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(
S?
• The City Council could decide not to approve this incentive program.
• The City Council could direct staff to revise this proposed incentive program.
• The City Council could decide to postpone consideration of this matter to a
future meeting. However, delays to implementing the program result in less
potential cost savings to the City.
V. ATTACHMENTS
• Resolution
Early Retirement Incentive Program
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
q11
RESOLUTION NO.
RESOLUTION AUTHORIZING A ONE-TIME EARLY RETIREMENT INCENTIVE
PROGRAM FOR CALENDAR YEAR 2010
WHEREAS, the City has determined that it will face significant state aid reductions
for calendar year 2010 and beyond, and
WHEREAS, such reductions in state aids represent a significant portion of the City
2010 budget, and -
WHEREAS, such reductions in state aids will require significant cuts in the City
2010 budget including likely necessary staff reductions and reduction in services, and
WHEREAS, the City Council finds that it is desirable to.approach staff reductions
through attrition and retirement of existing employees to the extent possible in order to
minimize staff layoffs; and
WHEREAS, in order to facilitate the opportunity for eligible City employees to take
advantage of their respective retirement option, financial assistance be provided to help
defray the future costs associated with medical insurance premiums for such employees;
and
WHEREAS, a program providing for such an Early Retirement Incentive has been
prepared and is ready for implementation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Richfield hereby adopts the attached Early Retirement Incentive Program, dated March 23,
2010, and directs the City Manager to implement such program.
Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of
March, 2010.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
?a
CITY OF RICHFIELD
EARLY RETIREMENT INCENTIVE PROGRAM
MARCH 23, 2010
Eligibility
1. You are in a position that is eligible for this program.
2. You are a full-time benefit earning employee.
3. You must be eligible during calendar year 2010, through one of the following
provisions:
a. Employees who have attained or will attain, during 2010, the Rule of 90
(Employees who started in PERA before July 1, 1989 are eligible)
b. PERA Coordinated employees who have attained the age of 62 during 2010
and have at least 10 years of fulltime service with the City.
c. PERA Police and Fire employees who have reached the age of 50 in 2010.*
d. Employees who have completed 20 years of service with the City of Richfield
in 2010.
*Employees who take early retirement before age 55 do not qualify, under State Statute, to
remain on the City's health insurance plan until age 65. Only Federal COBRA law applies.
EARLY RETIREMENT INCENTIVE PROGRAM OPTIONS
A. The City will provide the following benefit to an eligible employee who voluntarily
elects to take advantage of the early retirement incentive, and retires on or before
May 31, 2010:
• The City will provide the retiring employee with a one time contribution of
$18,000 into the Employee's Health Care Savings Plan.* (The equivalent of
$500 for 36 months or $750 for 24 months.)
B. The City will provide the following benefit to an eligible employee who voluntarily
elects to take advantage of the early retirement incentive, and retires after May 31
and before July 31, 2010.
• The City will provide the retiring employee with a one time contribution of
$15,000 into the Employee's Health Care Savings Plan.* (The equivalent of
$625 for 24 months.)
* If the eligible employee does not have a Health Care Savings Plan (HCSP) the
City will assist the employee in obtaining an HCSP, if applicable under the terms of
the collective bargaining agreement or provide other arrangements for the payment
of the applicable incentive.
C. Annual leave balances will be paid in accordance with current labor agreements,
City Ordinance and/or Health Care Savings Plan Provisions, whichever is
applicable.
q,,?
APPLICATION AND APPROVAL
Applications for the early retirement incentive program can be obtained from Human
Resources and must be submitted to Francie Fletcher on or before May 15, 2010 at
4:30 p.m. to be eligible for option A, or July 15, 2010 by 4:30 p.m. to be eligible for
option B.
To be eligible for this early retirement program, pending application approval,
employees must retire prior to May 31, 2010 or July 31, 2010 depending on the
option chosen. The chosen retirement date must be recorded in writing on the
program application, and no changes may be made after approval.
ADDITIONAL CONSIDERATIONS
• Participation in this program is strictly voluntary.
• To accept this offer, you must sign a release agreement acceptable to the City,
which waives your right to pursue any legal claim against the City of Richfield or its
employees or Council Members.
• Program application forms must be completed and submitted within the timeframe
set for the program.
• All payments made are subject to customary payroll deductions.
• All incentives contained in this incentive program are supplemental to traditional
benefits of a retiring employee.
• The City reserves the right to decline any employee's request for the early
retirement incentive program based on the number of requests received, an
employee's critical skills, or service delivery needs.
• Employees that terminate employment with the City during the early retirement
incentive program may not be rehired as a benefit-earning employee.
Any questions regarding this program may be directed to Pam Dmytrenko or Francie
Fletcher.
AGENDA SECTION: OTHER BUSINESS
AGENDA ITEM # 10
REPORT # 53
STAFF REPORT
CITY COUNCIL MEETING
MARCH 23, 2010
REPORT PREPARED BY:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
CHRIS REGIS, FINANCE MANAGER
NAME, TITLE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the transfer of 2009 General Fund budget surplus up to $300,000 to a Capital
Project Fund, effective December 31, 2009.
1. RECOMMENDED ACTION:
By Motion: Approve the transfer of 2009 General Fund budget
surplus up to $300,000 to a Capital Project Fund, effective December
31, 2009.
II. BACKGROUND
During the summer of 2009, the Governor unallotted state appropriations to balance
the $2.7 billion deficits that remained after the 2009 legislative session. The City
was notified that $1,295,263 of certified local government aid (LGA) would be
unallotted for 2010. Based on that information, the City certified a 2010 property tax
levy and did not budget for any additional LGA unallotment for fiscal year 2010.
In December 2009, the state budget forecast projected another $1.2 billion deficit
for the remainder of the 2010-2011 bienniums. These additional projected deficits
prompted another review of the state budget for the current biennium.
On Monday February 15, 2010, the Governor announced his recommendations to
balance the $1.2 billion state budget deficit through his supplemental budget. The
impact on cities would be an additional $118.1 million cuts in LGA and $6.9 million
in Market Value Homestead Credit (MVHC).
0323General Fund
The effect on the City of Richfield due to the Governor's proposed additional cuts is
the loss of the remainder of budgeted City 2010 LGA in the amount of $1,218,346
and an additional cut in MVHC of $233,974 for a total reduction of 2010 budgeted
General Fund revenues of $1,452,320.
The grave concern for the City with these reductions is that the City's 2010 budget
and tax levy have been set and the City's options for reacting to these reductions is
extremely limited.
Proactive actions taken by the City in early 2009 in response to 2009 LGA
reductions, resulted in a positive year-end budget for 2009. Through a combination
of reducing expenditures and better than expected revenues, the City closed the
2009 budget year with a surplus of approximately $340,000 in its General Fund.
Consequently, in response to the proposed cuts in LGA and MVHC as proposed by
the Governor, staff is recommending the transfer of $300,000 of the 2009 year-end
surplus to the 2010 General Fund budget. This would be accomplished by first
transferring the $300,000 into the same Capital Project Fund that was used to hold
the previous LGA set aside from 2007. These funds would then be available to put
towards the 2010 General Fund budget and the deficit created by the Governor's
recommended cuts.
1111. BASIS OF RECOMMENDATION
A. POLICY
• The City's auditors recommend that all non budgeted transfers be
approved by the City Council.
B. CRITICAL TIMING ISSUES
• The transfer will need to be made before finalizing the 2009 budget
year.
• Funds will be needed soon to help assure that the General Fund not
be placed in a position of a temporary negative cash balance.
C. FINANCIAL
• The recommended transfer is $300,000 of current 2009 General Fund
surplus for use in balancing the unallotment in the 2010 General Fund
budget. These funds were saved during budget year 2009 and are
needed now.
D. LEGAL
• N/A
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
ALTERNATIVE RECOMMENDATION(S)
I V. ATTACHMENTS I
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
0 None