041310completeagendaCITY OF RICHFIELD, MINNESOTA
TUESDAY, APRIL 13, 2010
SPECIAL CITY COUNCIL WORKSESSION
CITY HALL COUNCIL CHAMBERS
6700 PORTLAND AVENUE
5:30 P.M.
AGENDA
Call to order
Roll call
1. Discussion regarding parks capital improvement plan (Council Memo No. 47)
Notes:
2. Discussion regarding fire staffing models (Council Memo No. 49)
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 23, 2010 and (2)
Regular City Council Meeting of March 23, 2010
PRESENTATIONS
1. Presentation of proclamation designating May 1, 2010 as City of Richfield Silver Star
Banner Day
2. Presentation of proclamation designating City of Richfield Earth Day/Arbor Month in
April 2010
3. Annual meeting with Transportation Commission
COUNCIL DISCUSSION
4. Council discussion
• Walk A Mile in Her Shoes
• Hats Off to Hometown Hits
Notes:
AGENDA APPROVAL
5. Council approval of agenda
CONSENT CALENDAR
6. Consent Calendar contains several separate items, which are acted upon by the City
Council in one motion. Once the Consent Calendar has been approved, the individual
items and recommended actions have also been approved. No further Council action is
necessary. However, any Council Member may request that an item be removed from
the Consent Calendar and placed on the regular agenda for Council discussion and
action. All items listed on the Consent Calendar are recommended for approval.
A. Consideration of approval of first reading of transitory ordinance vacating Market
Drive street right-of-way and scheduling public hearing and second reading for April
27, 2010 S.R. No. 54
B. Consideration of approval of first reading of ordinance relating to municipal elections,
amending Sections 4.02 and 4.06 of Richfield City Charter and scheduling public
hearing and second reading for May 11, 2010 S.R. No. 55
C. Consideration of approval of renewing auction service contract with Adesa
Minneapolis for 2010/2011 auctioning forfeited vehicles from Public Safety/Police
S.R. No. 56
D. Consideration of approval of bid minutes/tabulation and award of contract to Wilson
Custom Tree for 2010 diseased tree removal from private property in amount of
$78,811 S.R. No. 57
E. Consideration of approval of bid minutes/tabulation and award of contract to Valley
Paving, Inc. for mill and overlay and Ice Arena parking lot projects in amount of
$788,157.46 S.R. No. 58
F. Consideration of approval of extending 2009 curb and gutter and miscellaneous
concrete repair contract with Ron Kassa Construction, Inc. in amount of $99,612.50
S.R. No. 59
G. Consideration of approval of purchase of equipment and chemicals from JRK Seed
for injection treatment of ash trees in amount not to exceed $50,000 S.R. No. 60
Notes:
7. Consideration of items, if any, removed from Consent Calendar
Notes:
PUBLIC HEARINGS
8. Public hearing regarding issuance of new on-sale wine and 3.2 percent malt liquor
licenses for Joy's Pattaya Thai Kitchen, LLC, 7545 Lyndale Avenue
Staff Report No. 61
Notes:
9. Public hearing regarding City granting Comlux America, LLC. a loan of Minnesota
Investment Fund grant monies in amount of $1,000,000 and resolution approving
documents related to loan
.Staff Report No. 62
Notes:
RESOLUTIONS
10.Consideration of resolution authorizing major site plan amendment at 7700 Nicollet
Avenue allowing main floor addition for market and basement area for additional
storage
Staff Report No. 63
Notes:
11. Consideration of resolution approving contract with International Union of Operating
Engineers, Local 49 for contract period January 1, 2010 through December 31, 2010
Staff Report No. 64
Notes:
12. Consideration of resolution approving contract with Police Supervisors Law
Enforcement Labor Services Local 162 for contract period of January 1, 2010 through
December 31, 2010
Staff Report No. 65
Notes:
13. Consideration of resolution approving contract with Police Officers and Detective Law
Enforcement Labor Services 123 for contract period of January 1, 2010 through
December 31, 2010
Staff Report No. 66
Notes:
OTHER BUSINESS
14.Consideration of capital infrastructure investment for City's 9-1-1 Dispatch Center in
new Richfield Municipal Center
Staff Report No. 67
Notes:
CITY MANAGER'S REPORT
15. City Manager's report
• .Gas line inspection at 66th Street and Portland Avenue roundabout
(Council Memo No. 48)
• Fire inspections
Notes:
16. 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 (heir 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:
17. 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.
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
April 8, 2010
Council Memorandum No. 47
The Honorable Mayor
and
Members of the City Council
Subject: Parks Capital Improvement Plan (Worksession Agenda Item No. 1 )
Council Members:
The Community Services Commission has been working on its annual task of updating
the Parks Capital Improvement Plan. The existing plan is summarized below. Note that
there are three payments of $103,800 remaining to pay off an internal loan for the $2.1
million Outdoor Pool Renovation project completed seven years ago. The Parks
Maintenance item is used annually for park upkeep of items such as trail resurfacing,
parking lot and hard surface court resurfacing, field repair, roofs, building equipment
replacement, and other larger maintenance costs associated with parks. This item was
reduced to $50,000 in 2010 and 2011 and increased to the full amount of $100,000 in
years thereafter. The remaining items for 2010 include funding an internal loan
payment for Lincoln Athletic Complex in the amount of $226,200 and aTier-One
Skate Park in the amount of $70,000 for a grand total $450,000 for 2010.
EXISTING PLAN
Capital Improvement Pro'ects 2010 2011 2012 2013 2014 2015
Outdoor Pool Renovation 103,800 103,800 103,800
Mini olf at Pool Site & Do Park 200,000
Vets Monument Sin 25,000
Parks Maintenance 50,000 50,000 100,000 100,000 100,000 100,000
Lincoln Fields 226,200 151,200 119,200 80,000 202,200 287,500
Arena Rink 1 Bleachers & Railin s 63,600
Arena Restroom Renovation 50,000
Tier One Skate Park 70,000
Wood Lake Carpet 20,000
Wood Lake Parkin Lot 136,400
Community Center Boiler 15,000
Communit Center Car et 12,000
Amphitheater Sound System and
Backdrop
15,000
Replace Outdoor Li htin at Taft 105,000 100,000
TOTAL 450,000 450,000 450,000 450,000 502,200 387,500
The Community Services Commission is recommending the following revisions to the
Parks Capital Improvement Plan. After discussing the matter at their last meeting, the
Commission recommends keeping aTier-One Skate Park in the CIP for 2010. Roger
Schmidt, a Richfield resident and skateboard advocate, has been working with Jim
Topitzhofer to help plan a unique facility that will resemble a `street' type experience for
skaters and will be free to the public. Roger Schmidt and Jim Topitzhofer will present
their ideas of the skatepark at the Worksession.
The Community Services Commission is planning to study the need and possible
options for a modest Amphitheater Sound System and Backdrop for outdoor
concerts and to do so with the majority of funding through grants and donations. The
Commission recommends postponing the project to 2013 after a plan is possibly
developed and sufficient funds are raised.
Staff recommends reducing the internal loan payments for Lincoln Athletic Complex
in 2010 and 2011 by a total of $240,000 to help fund additional construction costs of the
new City Municipal Center. The net effect of the internal loan will not change, however,
because the City will receive $240,000 in the form of a grant from Hennepin County
after the project is complete this summer. Therefore, the repayment timetable will not
be delayed.
The recommended plan is summarized below:
RECOMMNDED PLAN
Capital Improvement Pro'ects 2010 2011 2012 2013 2014 2015
Outdoor Pool Renovation 103,800 103,800 103,800
Mini olf at Pool Site & Dog Park 200,000
Vets Monument Sin 25,000
Parks Maintenance 50,000 50,000 100,000 100,000 100,000 100,000
.Lincoln Fields 152,400 119,200 65,000 202,200 287,500
Arena Rink 1 Bleachers & Railings 63,600
Arena Restroom Renovation 50,000
Tier One Skate Park 70,000
Wood Lake Carpet 20,000
Wood Lake Parkin Lot 136,400
Communit Center Boiler 15,000
Communit Center Carpet 12,000
Amphitheater Sound System and
Backdrop
15,000
Replace Outdoor Li htin at Taft 105,000 100,000
TOTAL 223,800 436,200 450,000 450,000 502,200 387,500
If you have any questions, please contact me.
R ectf y submitt d,
S L. e is
Citv anaaer
SLD:cak
Email: Department Directors
Assistant to the City Manager
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
April 8, 2010
Council Memorandum No. 49
The Honorable Mayor
and
Members of the City Council
Subject: Fire Staffing Models
(Worksession Agenda Item No. 2)
Council Members:
At the April 13, 2010 Worksession, the Fire Department staffing model will be
discussed. In 2009, the City Council directed staff to explore different Fire Department
service models and associated costs.
Staff has developed several staffing scenarios. As part of this study, several
"Labor/Management" meetings have been held to assure all alternatives were
uncovered and to begin to dissect the pros and cons of each.
Staff will present several alternative models at the Worksession for the Council to
consider.
If you
City Manager
uestions, please contact me.
SLD:cak
Email: Department Directors
Assistant to the City Manager
J
CITY COUNCIL MINUTES
Richfield, Minnesota
Special Worksession
March 23, 2010
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 6:02 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; Barry Fritz, Public Safety Director; Mike
Eastling, Public Works Director; John Stark, Community Development
Director; Jim Topitzhofer, Recreation Services Director; Brad Sveum, Fire
Services Director; Bill Fillmore, Municipal Liquor Operations Director; and
Cheryl Krumholz, Recording Secretary.
Item #1 DISCUSSION REGARDING 2010 BUDGET ISSUES
City Manager Devich discussed the following:
• State aid cuts are unknown until May or June and there are differences in the
Governor's proposed reduction versus the legislature's.
• Proposed transfer of 2009 year-end General Fund surplus to Capital Fund to be
used in 2010
• Proposed employee early retirement incentive
• Review of service levels
• Possible one-time option to levy back the loss of 2011 state aids
• Dispatching services
o Possible use of Special Revenue Funds for capital costs of new building to
retain dispatch center
o Unknown costs of Hennepin County dispatch services
o No other cities want to move their 9-1-1 service to Richfield
o Bloomington and Edina preparing cost estimates to move Richfield dispatch
center to their facility
Special Worksession Minutes -2- March 23, 2010
• Process of dispatching of emergency responders by Richfield and Hennepin County
o Process/create time
o Dispatch time
Council Member Fitzhenry stated he liked the personal touch of Richfield dispatchers to
provide updates during calls.
Mayor Goettel expressed her disappointment with WOLD for their under-estimating the bid
for the new dispatch center.
City Manager Devich stated the monopole cost was unanticipated.
Council Member Wroge said he did not condone moving dispatch to Hennepin County
without knowing the cost.
Mayor Goettel said there were too many unknowns and expressed concern regarding the
type of service provided by Hennepin County.
City Manager Devich stated he brought this issue to the City Council so they could make a
conscious decision with building the new City Hall and dispatching services.
Council Member Fitzhenry reviewed his researched costs and impacts with Ramsey and
Dakota Counties dispatching services.
Council Member Sandahl stated raising franchise fees could be an option.
City Manager Devich suggested if there was the ability to levy back what is lost in state
aids, the City should do it.
Council Member Wroge stated he did not support increasing franchise fees. The City
should put services on taxes and get off of Local Government Aid (LGA). If LGA continues, that
should be used to pay off debt.
Council Member Sandahl responded that there is a benefit to the community to finance
projects.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:45 p.m.
Date Approved:
Debbie Goettel
Mayor
Cheryl Krumholz
Recording Secretary
Steven L. Devich
City Manager
J
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
March 23, 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;
John Stark, Community Development Director; Barry Fritz, Public Safety
Director; Jim Topitzhofer, Recreation Services Director; Pam Dmytrenko,
Assistant to the City Manager; Kristin Asher, City Engineer; Corrine Heine,
City Attorney; and Cheryl Krumholz, Recording Secretary.
OPEN FORUM
Heidi Gaibor, 6915 Wentworth Avenue, discussed the dispatch center costs to stay in
Richfield versus going to Hennepin County.
center.
Floyd Roman, 7208 Penn Avenue, spoke in support of keeping the Richfield dispatch
Roger Schmidt, 7504 Aldrich spoke in support of establishing a skateboard park in Richfield
and requested the City Council consider this at a future City Council Meeting.
Cathy Anderson, 6808 12th Avenue, a Hennepin County dispatcher but not representing
Hennepin County, stated it did not matter what was decided but requested the facts regarding
dispatching be clarified, including that changing to Hennepin County would not create a dangerous
situation.
Fran Sirany, 6808 12th Avenue, stated it did not matter what was decided on dispatching
unless it meant increased taxes to stay in Richfield.
Marty Kirsch, 6725 Penn Avenue, spoke in support of keeping the dispatching services in
Richfield.
Council Meeting Minutes -2-
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
March 23, 2010
M/Sandahl, S/Wroge to approve the minutes of (1) Special City Council Worksession of
March 9, 2010 and (2) Regular City Council Meeting of March 9, 2010.
Motion carried 5-0.
Item #1 PRESENTATION OF PROCLAMATION DESIGNATING APRIL 10, 2010 AS
RICHFIELD OPTIMISTS CLUB YOUTH FOUNDATION NO KIDS LEFT
BEHIND DAY
Mayor Goettel presented to Steve Larson, Richfield Optimists Club, a proclamation
designating April 10, 2010 as Richfield Optimists Club Youth Foundation No Kids Left Behind Day.
Item #2 PRESENTATION OF 2009 RESTAURANT FOOD SAFETY AWARDS FROM
RICHFIELD ADVISORY BOARD OF HEALTH (COUNCIL MEMO NO. 40)
Jennifer Turrentin, Advisory Board of Health Chairperson, presented the 2009 Richfield
Restaurant Food Safety Awards to:
• Full service Restaurants category:
• Nominations: Fred Babcock VFW Post #5555, American Legion Post #435,
and Don Pablo's
• Winner: Broadway Pizza
Fast food/Pizza/Cafeteria category:
• Nominations: Davanni's Pizza, Arby's, and Subway
• Winner: Boston Market
Retail Grocery category:
• Nominations: Rainbow Foods
• Winner: Target
Council Meeting Minutes -3- March 23, 2010
Item #3 COUNCIL DISCUSSION
• RICHFIELD HISTORICAL SOCIETY
• HATS OFF TO HOMETOWN HITS
• MISINFORMATION REGARDING 9-1-1 DISPATCHING
Sarah Hummel, Richfield Historical Society, requested the City Council to designate June
12, 2010 "Mal Freeburg Day" as an official event in Richfield.
Fredrick Johnson, Author of Richfield: Minnesota's Oldest Suburb and Suburban Dawn,
explained the history of Mr. Freeburg.
M/Goettel, S/Sandahl to designate June 12, 2010 as Mal Freeburg Day in the City of
Richfield.
Motion carried 5-0.
Council Member Fitzhenry acknowledged the efforts of the City street maintenance crew for
their prompt responses to filling potholes.
Council Member Wroge announced there were several vacancies on the Human Rights
Commission and encouraged residents to apply.
Council Member Elliott discussed the staff working with residents to assist with the
development of an inoculation program for Emerald Ash Borer.
center.
City Manager Devich discussed and clarified information regarding the 9-1-1 dispatching
Council Member Elliott stated the dispatch issue is not to discredit Hennepin County but
rather promote Richfield.
Council Member Fitzhenry stated there could be audio difficulties with tonight's meeting but
they are due to Comcast problems.
Item #4 COUNCIL APPROVAL OF AGENDA
M/Wroge, S/Sandahl to approve the agenda.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
A. Consideration of approval of resolution providing for sale of $1,535,000 General Obligation
Bonds, Series 2010A S.R. No. 45
Council Meeting Minutes -4- March 23, 2010
RESOLUTION NO. 10351
RESOLUTION PROVIDING FOR THE SALE OF
$1,535,000 GENERAL OBLIGATION BONDS, SERIES 2010A
This resolution appears as Resolution No. 10351.
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
RESOLUTION NO. 10352
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
This resolution appears as Resolution No. 10352.
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
RESOLUTION NO. 10350
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
This resolution appears as Resolution No. 10350.
D. Consideration of resolution restricting parking on both sides of 76th Street between 11th and
12th Avenues S.R. No. 48
RESOLUTION NO. 10353
RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS
"NO PARKING" ON 76th STREET
This resolution appears as Resolution No. 10353.
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
Council Meeting Minutes -5-
M/Goettel, S/Sandahl to approve the Consent Calendar.
Motion carried 5-0.
March 23, 2010
Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
Item #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 S.R. NO. 50
Council Member Wroge presented Staff Report No. 50.
M/Wroge, S/Sandahl to approve the right-of-entry agreement for use of the northern half of
7700 Pillsbury Avenue, City's former Public Works Maintenance Facility, by Ron Clark Construction
and Design Company.
Motion carried 5-0.
Item #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 S.R. NO. 51
Council Member Sandahl presented Staff Report No. 51.
M/Sandahl, S/Goettel to approve the revision to Exhibit D of land acquisition, design, and
construction cooperation agreement between Metropolitan Council Environmental Services and the
City of Richfield for Edina-Richfield interceptor improvements project.
Motion carried 5-0.
Item #9 CONSIDERATION OF RESOLUTION AUTHORIZING ONE-TIME EMPLOYEE
EARLY RETIREMENT INCENTIVE PROGRAM S.R. NO. 52
Mayor Goettel presented Staff Report No. 52.
Council Meeting Minutes -6- March 23, 2010
M/Goettel, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10354
RESOLUTION AUTHORIZING AONE-TIME EARLY RETIREMENT
INCENTIVE PROGRAM FOR CALENDAR YEAR 2010
Motion carried 5-0. This resolution appears as Resolution No. 10354.
Item #10 CONSIDERATION OF TRANSFER OF 2009 GENERAL FUND BUDGET
SURPLUS UP TO $300,000 TO CAPITAL PROJECT FUND, EFFECTIVE
DECEMBER 31, 2009 S.R. NO. 53
Council Member Elliott presented Staff Report No. 53.
Council Member Wroge acknowledged the City Manager's efforts to manage expenditures
to end 2009 with a positive balance.
City Manager Devich explained the total balance is not being transferred because there
needs to be a cushion if there is a reclassification of funds and it shows the bond rating agencies a
positive fund balance.
M/Elliott, S/Wroge to approve the transfer of 2009 General Fund budget surplus up to
$300,000 to the Capital Project Fund, effective December 31, 2009.
Motion carried 5-0.
Item #11 CITY MANAGER'S REPORT
None.
Mayor Goettel requested more lighting be considered for the new City Hall construction site.
Item #12 CLAIMS AND PAYROLL
M/Wroge, S/Sandahl that the following claims and payrolls be approved:
U.S. BANK 03-23-10
A/P Checks: 193019 - 193459 $ 1,688,926.64
PAYROLL 65126 - 65432 $ 487,234.32
TOTAL $ 2,176,160.96
Council Meeting Minutes -7- March 23, 2010
Motion carried 5-0.
OPEN FORUM
None.
ADJOURNMENT
The City Council meeting was adjourned by unanimous consent at 8:15 p.m.
Date Approved:
Debbie Goettel
Mayor
Cheryl Krumholz
Recording Secretary
Steven L. Devich
City Manager
AGENDA SECTION: Consent
AGENDA ITEM # A
REPORT #
J
STAFF. REPORT
CITY COUNCIL MEETING
APRIL 13, 2.010
REPORT PREPARED BY: MELISSA POEHLMAN, CITY
PLANNER
NAME, .TITLE
DEPARTMENT DIRECTOR
REVIEW:
Stc TunE
REVIEWED BY -CITY
MANAGER: ~
ITEM FOR COUNCIL CONSIDERATION:
Conduct a first reading of a Transitory Ordinance vacating Market Drive street right-of-way and
schedule a public hearing and second reading for April 27, 2010.
I. RECOMMENDED ACTION:
By Motion:
• Conduct a first reading of a Transitory Ordinance vacating
Market Drive street right-of-way; and
• Call for a public hearing and second reading to be held April 27,
2010.
II. BACKGROUND
In connection with the- Lyndale Avenue Bridge reconstruction project, the City
acquired right of way from the Shops at Lyndale property. The land acquisition
required relocation of the Shops at Lyndale pylon sign located nearest to Boston
Market. Working together with MnDOT and the Shops, the City identified a potential
relocation site for the sign. The relocation site was located within a platted but
never-constructed city- street known as Market Drive, on the southeast side of the
Boston Market parcel. MnDOT had taken that city street into the state highway
system as state right of way many years ago, but in 2009 MnDOT determined that it
no longer needed that right of way and released it to the City's jurisdiction. The City
now has the authority to vacate the street, and the Public Works Department has
recommended that the street be vacated.
041310 - 1st Reading -Market Drive Vacation
III. BASIS OF RECOMMENDATION
A. POLICY
• .The Council may by ordinance vacate a street, alley, public grounds or
apart thereof, on its. own motion or upon the petition of the owners of
half of the land abutting on the street, alley, public grounds or part
thereof to be vacated.
• No vacation may be made unless it appears in the interest of the
public to do so.
• .Easements for identified: utilities will be maintained.
B. CRITICAL TIMING ISSUES
• CSM Corporation would like. to reinstall their pylon sign as soon as
possible.
G FINANCIAL
• N/A
D. LEGAL
• Notice of .the public hearing shall be published in the Sun Current
Newspaper as required.
• The Cit Attorne has reviewed the attached Transitory Ordinance
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
N/A
V. ATTACHMENTS
• DRAFT Transitory Ordinance.
Maps
VL PRINCIPAL PARTIES EXPECTED AT MEETING
• None
~a ~
BILL NO.
TRANSITORY ORDINANCE NO.
AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY EASEMENTS
(MARKET DRIVE)
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1: The following described lands are subject to the easements as
described below for public street right-of-way purposes ("Street Easement"):
That part of Market Drive as dedicated in the plat of STRAND'S SECOND
ADDITION TO RICHFIELD, according to the recorded plat thereof, Hennepin
County, Minnesota, lying southerly of the north line of said Block 2, and its easterly
extension thereof, and also which lies northerly of a line drawn parallel with and
distant 10.00 feet northerly of the following described line:
Commencing at the southwest corner of Lot 2, Block 1, THE SHOPS AT LYNDALE,
according to the recorded plat thereof, Hennepin County, Minnesota; thence North
86 degrees 49 minutes 57 seconds East, assumed bearing along the south line of
said Lot 2, 482.89 feet, to the point of beginning of said line to be hereinafter
described; thence North 73 degrees 22 minutes 25 seconds East, 48.54 feet;
thence easterly, 182.55 feet, along a tangential curve, concave to the south, having
a radius of 576.26 feet and a central angle of 18 degrees 09 minutes 01 seconds, to
the point of compound curvature; thence easterly, 49.20 feet, along a tangential
curve, concave to the south, having a radius of 1628.50 feet and a central angle of
01 degrees 43 minutes 52 seconds, to the point of compound curvature; thence
easterly, 57.15 feet, along a tangential curve, concave to the south, having a radius
of 582.50 feet and a central angle of 05 degrees 37 minutes 17 seconds, to the
southeasterly right-of-way line of said Market Drive as dedicated in said plat of
STRAND'S SECOND ADDITION TO RICHFIELD, and said line there terminating.
All in Hennepin County, Minnesota.
Sec. 2: The Street Easement is not open to public travel and is not required for
access to the abutting properties.
Sec. 3: The following public facilities are located in the Street Easement:
Sec. 4: The City has notified the service providers for gas, electric, telephone, and
cable communications services of the proposed vacation, and the following facilities are
reported to be located in the Street Easement:
Sec. 5: The Council finds that there is not a public need for the Street Easement.
Sec. 6. The City of Richfield held the first reading on 2010 and
second reading on , 2010. Legal notice was published in the City's official
newspaper as required by ordinance.
~A-~
Sec. 7: The Street Easement is vacated reserving, however, to the public an
easement for
Sec. 8: The vacation of the Street Easement is effective 30 days following
publication of the ordinance.
Sec. 9: The City Clerk is directed to prepare a certificate of completion of vacation
proceedings and to record the vacation in the office of the Hennepin County Registrar of
Titles or Hennepin County Recorder, as appropriate.
Passed by the City Council of the City of Richfield, Minnesota this , 2010.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
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AGENDA SECTION: Consent
AGENDA ITEM # E)B
REPORT #
~J STAFF REPORT
CITY COUNCIL MEETING
APRIL 13, 2010
REPORT PREPARED BY: CO HEINE, CITY ATTORNEY
NAME, TITLE
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of an ordinance relating to municipal elections, amending Sections 4.02 and
4.06 of the Richfield City Charter
I. RECOMMENDED ACTION:
By Motion: Approve the first reading of the attached ordinance
relating to municipal elections; amending Sections 4.02 and 4.06 of
the Richfield City Charter and schedule a public hearing and second
reading for Mav 11, 2010.
~ II. BACKGROUND ~
The Minnesota Legislature amended state statutes to provide that state and
municipal primary elections be held on the second Tuesday in August rather than
the first Tuesday after the second Monday in September of the years in which such
elections are held. The City Charter is inconsistent with state law as a result of this
change.
In addition, since 2000, state laws have established a deadline of 5:00 p.m. two
days after the last day of filing, for municipal office candidates to withdraw from an
election. The City Charter still contains a deadline of noon on the day following the
last day of filing for office. The state law controls over the charter, and the
inconsistency creates the potential for confusion.
As of the writing of this report, the City Charter Commission has scheduled a
meeting on April 12, 2010 to consider recommending that the City Council adopt an
ordinance to conform sections 4.02 and 4.06 of the City Charter to state election
laws. If the Commission recommends the adoption of the attached ordinance, state
law requires the council to publish a notice of public hearing on the proposal within
one month of receiving the Charter Commission recommendation. The public
hearing must be held at least two weeks after publication but not more than one.
0413CharterAmendment
month after publication. The Council must vote on the proposed charter
amendment within one month after the public hearing.
III. BASIS OF RECOMMENDATION
A. POLICY
• State law establishes the date on which municipal primaries are held,
and the deadline for municipal candidates to withdraw from an
election.
• The City Charter should conform to state law.
B. CRITICAL TIMING ISSUE
• The City Charter is inconsistent with state law as a result of legislation
enacted in 2000 and 2010.
C. FINANCIAL
• The ordinance method of adopting charter amendments is the only
way to adopt a charter amendment without holding an election.
Amending the charter by submitting the question to voters at an
election is significantly more expensive that adoption by ordinance.
D. LEGAL
• The City Attorney drafted the proposed ordinance.
• If the Commission recommends the ordinance at its meeting on April
12, state law requires that the council hold a public hearing on the
amendment.
• Once the public hearing is held, the Council must vote on the
proposed amendment within one month after the public hearing is
closed.
• If the ordinance is approved by unanimous vote of all council
members and the mayor and published as in the case of other
ordinances, the charter amendment will become effective 90 days
after publication, unless a referendum petition is filed within 60 days
after publication.
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
~ IV. ALTERNATIVE RECOMMENDATION(S~ ~
None. The City Council is required by law to hold a public hearing on the
charter amendment as proposed by the Charter Commission.
V. ATTACHMENTS
• Ordinance
~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~
~s-I
BILL NO.
AN ORDINANCE RELATING TO MUNICIPAL ELECTIONS;
AMENDING SECTIONS 4.02 AND 4.06 OF THE RICHFIELD
CITY CHARTER
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Background; findings; authorit rL.
1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to
the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act).
1.02. The Charter Commission of the City has proposed the adoption of Amendments to
two sections of the charter and recommended to the City Council that the Amendments be
adopted by City Council ordinance in the manner prescribed by Section 410.12,
Subdivision 7, of the Act. The form of the Amendments are set out in Sections 2.02 and
2.03 of this ordinance.
1.03. A public hearing on the Amendments was held on , 2010 by the
City Council after two weeks' published notice containing the text of the Amendment as
required by the Act. The notice contained a brief description of the nature and scope of
the Amendments. All persons desiring to be heard with reference to the Amendments
were heard at the public hearing.
1.04. The Council finds and determines that it is in the best interests of the City and its
inhabitants that the Amendments be adopted.
Section. 2 Adoption; effective date; filing.
2.01. The Amendments as proposed by the Charter Commission are adopted.
2.02. Section 4.02 of the Richfield City Charter is amended to read as follows:
Section 4.02. Primary Election. On the second Tuesday after
~ ~°,.^n,+ nn^.,,+.,,. in ~°^+~~~ August preceding the regular municipal
election there shall be a primary election for the selection of two nominees
for each elected office at the regular municipal election unless no more than
two nominees file for each elective office. The City Clerk shall give at last
two weeks previous notice of the time and place of holding such election and
of the officers to be elected by posting in at least one public place in each
voting precinct and by publication at least once in the official newspaper, but
failure to give such notice shall not invalidate such election.
2.03. Section 4.06 of the Richfield City Charter is amended to read as follows:
Section 4.06. Withdrawal of Candidate. Any person whose name has been
presented in the manner provided for in the foregoing section as a candidate may, not
later than ~~ ^'^~^^~- ^^^^ ^++"° ~^~~ 5:00 p.m. two days after the last day for filing,
(I~'" ~~.
cause his or her name to be withdrawn .from nomination by filing with the City Clerk a
request to do so in writing, and no name so withdrawn shall be printed upon the ballot.
2.04. This ordinance is effective ninety (90) days after its publication, except that if within
sixty (60) days after publication a petition requesting a referendum on this ordinance,
signed by the number of registered voters of the City required by the Act is filed with the
City Clerk, this ordinance will not be effective until approved by 51 % of the voters voting on
the question of its adoption at the special election called by the Council for that purpose.
2.05. On the effective date of the Amendments, the City Clerk is authorized and directed
to file copies of the Amendments with the Secretary of State of the State of Minnesota, the
Hennepin County Recorder, and the City Clerk's office together with the certificate required
by Section 410.11 of the Act.
Passed by the City Council of the City of Richfield, Minnesota this day of
.2010.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION: Consent
AGENDA ITEM # C
REPORT #
~,' STAFF REPORT
CITY COUNCIL MEETING
APRIL 13, 2010
REPORT PREPARED BY:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
TITLE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the renewal of the contract with Adesa Minneapolis for 2010/2011 for
auctioning forfeited vehicles from Public Safety/Police.
I. RECOMMENDED ACTION:
By Motion:
1. Approve the renewal for 2010/2011 of the attached auction
service contract between the City of Richfield and Adesa
Minneapolis, for auctioning forfeited vehicles from Public
Safety/Police.
2. No changes in contract in terms and fees.
II. BACKGROUND
The City currently has a contract with Adesa Minneapolis, formerly ABC of
Minneapolis, and would like to renew the contract for the year 2010/2011 as the
contract expires on April 9, 2010.
Adesa's performance during the first year of the contract period with the new
owners of ABC Minneapolis was satisfactory, as in the past. They auction forfeiture
vehicles for many cities, including the City of Bloomington.
Adesa Minneapolis has submitted the new contract for 2010/2011 with no changes
in services or fees. Adesa indicates that, as in the past, they have three different
JAY HENTHORNE, POLICE
LIEUTENANT
0413 ADESA Minneapolis Contract Renewal for Forfeiture Vehicles
towing services that can handle Richfield, and they will use the least expensive
when they can.
III. BASIS OF RECOMMENDATION
A. POLICY
• "Adesa Minneapolis" notified the City that they wish to renew the
contract Richfield.
• The Public Safety Department wishes to renew the contract with
Adesa Minneapolis.
• The contract has numerous conditions that must be met. Adesa
Minneapolis is a reputable, established auction company that meets
all contract requirements.
B. CRITICAL TIMING ISSUES
• A 30-day written notice must be given either party to terminate the
contract.
• Public Safety must have a company to store and auction forfeited
vehicles on April 9, 2010
• Adequate space is not available in the City to store forfeited vehicles.
C. FINANCIAL
• There are no changes to fees for the contract period 2010/2011.
D. LEGAL
• The City Attorney has reviewed and approved the past contract with
Adesa Minneapolis, and there are no contract changes under the new
contract.
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION~S~
• Do not sign the contract; however, Public Safety would need to find other
means to auction forfeited vehicles.
V. ATTACHMENTS
• ADESA Contract for 2009/2010
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
~-i
AGREEMENT BETWEEN THE CITY OF RICHFIELD
AND ADESA MINNEAPOLIS
THIS AGREEMENT is made and entered into this 8th day of April, 2010 by and
between the City of Richfield, a Minnesota municipal corporation located at 6700 Portland
Ave. S., Richfield, Minnesota 55423 (hereinafter referred to as the "City"), and Adesa
Minneapolis (hereinafter referred to as ADESA), a limited, liability corporation with its
principle business offices located at 18270 Territorial Road, Dayton, Minnesota 55369.
WITNESSETH
WHEREAS, the City comes into possession of and is authorized to retain various
motor vehicles which are identified as potentially being subject to forfeiture or other civil
processes under the laws of the State of Minnesota as a result of their having been used in
the connection with a criminal act (hereinafter referred to as "Forfeiture Vehicles") and
upon successful completion of the forfeiture or civil process the City is authorized to
dispose of said vehicles in accordance with Section 315 of the Richfield City Code; and
WHEREAS, ADESA represents that it has the professional expertise and
knowledge to perform its duties as an automobile dealer, and is licensed by the State of
Minnesota in that capacity; and
WHEREAS, the City desires to hire ADESA to transport, store, repair, maintain and
sell its Forfeiture Vehicles;
NOW, THEREFORE, in consideration of the terms and conditions expressed
herein, the parties agree as follows:
I. TERM OF AGREEMENT
The term of this Agreement shall begin April 9, 2009 and shall continue until April 9,
2010, subject to termination as provided in Article IV.
II. DUTIES OF ADESA
A. Upon specific authorization from the City, ADESA agrees to drive or transport
those vehicles identified by the City as one of its Forfeiture Vehicles to a secure location to
be determined and managed by ADESA.
B. Upon receipt of a City Forfeiture Vehicle, ADESA accepts full responsibility
for it and agrees to exercise due diligence in its care, maintenance and storage of said
~c-a--
vehicle until the time that it is sold or released; so as to avoid waste and obtain a
reasonable sale price at auction.
C. Upon specific authorization from the City, ADESA agrees to perform such
minor repair work on the City's Forfeiture Vehicles so as to prepare them for auction and
maximize the City's return at auction, but in no event shall such repair work exceed the
cost of TWO HUNDRED AND NO/100 DOLLARS ($200.00) without prior, written
authorization by the Richfield City Manager or his/her designee.
D. Upon specific authorization from the City, ADESA agrees to release the
City's Forfeiture Vehicles prior to auction on such terms and conditions as the City may
direct.
E. ADESA agrees to box and store personal property that is not affixed to, but
located within, the City's Forfeiture vehicles and upon specific authorization from the City
to release such property on such terms and conditions as the City may direct.
F. Upon specific authorization from the City, ADESA agrees to promptly sell the
City's Forfeiture Vehicles in a commercially reasonable manner by an open and
competitive automobile dealer or salvage auction.
G. ADESA agrees to defend, indemnify and hold harmless the City, its officials,
employees and agents from any and all claims, causes of action, lawsuits, damages,
losses, or expenses, including attorney fees, arising out of or resulting from ADESA'S
(including its officials, agents or employees) performance of the duties required under this
Agreement, provided that any such claim, damage, loss or expense is attributable to bodily
injury, sickness, diseases or death or to injury to or destruction of property including the
loss of use resulting therefrom and is caused in whole or in part by any negligent act or
omission or willful misconduct of ADESA.
H. During the term of this Agreement ADESA, agrees to maintain general
comprehensive liability insurance in the amount of $1,000,000 for any damage to property,
theft, loss or other claims as a result of ABC's negligence or malfeasance in performing
this Agreement. In addition, ADESA agrees to maintain such motor vehicle liability
insurance as required by state and federal laws.
I. ADESA shall be licensed and bonded in the State of Minnesota to perform its
duties under this Agreement and shall provide a cerkificate of licensure, bonding and
insurance to the City.
~~3
J. ADESA agrees to comply with all applicable local, state and federal laws,
rules and regulations in the performance of the duties of this Agreement.
K. It is agreed that nothing herein contained is intended or should be construed
in any manner as creating or establishing the relationship of copartners between the
parties hereto or as constituting ADESA'S staff as the agents, representatives or
employees of the City for any purpose in any manner whatsoever. ADESA and its staff are
to be and shall remain an independent contractor with respect to all services performed
under this Agreement. ADESA represents that it has, or will secure at its own expense, all
personnel required in performing services under this Agreement. Any and all personnel of
ADESA or other persons, while engaged in the performance of any work or services
required by ADESA under this Agreement, shall have no contractual relationship with the
City and shall not be considered employees of the City, and any and all claims that may or
might arise under the Workers' Compensation Act of the State of Minnesota on behalf of
said personnel or other persons while so engaged, and any and all claims whatsoever on
behalf of any such person or personnel arising out of employment or alleged employment
including, without limitation, claims of discrimination against ADESA, its officers, agents,
contractors or employees shall in no way be the responsibility of the City; and ADESA shall
defend, indemnify and hold the City, its officers, agents and employees harmless from any
and all such claims regardless of any determination of any pertinent tribunal, agency,
board, commission or court. Such personnel or other persons shall not require nor be
entitled to any compensation, rights or benefits of any kind whatsoever from the City,
including, without limitation, tenure rights, medical and hospital care, sick and vacation
leave, Workers' Compensation, Unemployment Compensation, disability, severance pay
and PERA.
L. The books, records, documents, and accounting procedures of the
Contractor, relevant to this Agreement, are subject to examination by the City, and either
the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section
16C.05, Subdivision 5.
M. ADESA agrees to comply with the Americans with Disabilities Act (ADA),
Section 504 of the Rehabilitation Act of 1973 and not discriminate on the basis of disability
in the admission or access to, or treatment of employment in its services, programs, or
activities. ADESA agrees to hold harmless and indemnify the City from, costs, including
but not limited to damages, attorney's fees and staff time, in any action or proceeding
~.~I
brought alleging a violation of ADA and/or Section 504 caused by the ADESA. Upon
request, accommodation wilt be provided to allow individuals with disabilities to participate
in all services, programs and activities. The City has designated coordinators to facilitate
compliance with the Americans With Disabilities Act of 1990, as required by Section
35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with
Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S.
Department of Housing and Urban Development regulations.
N. The Contractor will comply with all applicable provisions of the Minnesota
Government Data Practices Act, Chapter 13 of the Minnesota Statutes.
0. Any Forfeiture Vehicles which ADESA has been authorized and directed to
sell but was unable to under the terms of this Agreement shall be returned to the City at a
site designated by it as soon as reasonably practicable but in no event more than sixty (60)
days from the occurrence of the event making sale under this Agreement impossible.
III. DUTIES OF THE CITY
A. The City shall consign specifically identified Forfeiture Vehicles to ADESA to
sell to the highest bidder at public dealer or salvage auctions.
B. The City shall certify that it has good title and right to sell those of its
Forfeiture Vehicles which it directs and specifically authorizes ADESA to sell at public
dealer or salvage auctions and shall provide and deliver merchantable title to the
purchaser upon notification from ADESA.
C. The City shall defend, indemnify and hold harmless the ADESA, its officials,
employees and agents, from any and all claims, causes of action, lawsuits, damages,
losses or expenses, including attorney fees, arising out of or resulting from the City's
performance of the duties required under this Agreement, provided that any such claim,
damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to
injury to or destruction of property including the loss of use resulting therefrom and is
caused in whole or in part by any negligent act or omission or willful misconduct of City.
D. The City shall pay to ADESA the following amounts as and for its services
properly authorized and provided pursuant to this Agreement:
1. Transportation of an operable Forfeiture Vehicle to or from the City of
Richfield to ADESA'S designated storage site: $50.00.
~C~~
2. Tow of an inoperable Forfeiture Vehicle (tow or trailer) to or from the City
of Richfield to ABC's designated storage site: Not to Exceed $100.00.
3. Basic cleaning of a Forfeiture Vehicle: $37.00.
4. Complete detail of a Forfeiture Vehicle (vacuum and shampoo carpets,
detail interior, etc.): $85.00.
5. Repair of a Forfeiture Vehicle prior to auction: Shop Rates.
6. Sale by auction of a Forfeiture Vehicle: $110.00.
7. Release of a Forteiture Vehicle prior to auction: $50.00 redemption, fee
plus any charges (i.e., transportation).
8. Storage fee if car is not sold within 90 days: $3.00/day.
9. Inventory fee for release of personal property: $25.00.
IV. TERMINATION
Either party may terminate this Agreement for any reason upon thirty (30) days
advance written notice to the other party. The City reserves the right to cancel this
Agreement at any time in event of default or violation by ADESA of any provision of this
Agreement. The City may take whatever action at law or in equity that may appear
necessary or desirable to collect damages arising from a default or violation or to enforce
performance of this Agreement.
V. MISCELLANEOUS
A. Any material alterations, variations, modifications or waivers of provisions of
this Agreement shall be valid only when they have been reduced to writing as an
amendment to this Agreement and signed by both parties.
6. This Agreement shall not be assignable except at the written consent of the
City.
C. This Agreement represents the entire Agreement between ADESA and the
City and supersedes and cancels any and all prior agreements or proposals, written or
oral, between the parties relating to the subject matter hereof; and amendments, addenda,
~C-~
alterations, or modifications to the terms and conditions of this Agreement shall be in
writing and signed by both parties.
D. The parties agree to comply with the Minnesota State Human Rights Act,
Minnesota Statutes, Section 363.
E. The parties hereto agree to comply with Section 504 of the Rehabilitation Act
of 1973/31 CFR Part 51. This Act states in part that, "...all recipients of federal funds,
whether in the form of a grant or a contract, review, and if necessary modify, their
programs and activities so that discrimination based on handicap is eliminated."
F. The terms and conditions of this Agreement shall be binding on ADESA'S
successors and assigns and to the extent any assignee of ADESA.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed the day and year first above written.
DATED:
CITY OF RICHFIELD
BY:
Its Public Safety Director/Chief of Police
DATED:
BY:
Its City Manager
DATED:..
ADESA MINNEAPOLIS
BY:
Its General Manager
AGENDA SECTION: Con n
AGENDA ITEM # ~'yD
REPORT # 5 7
J
STAFF REPORT
CITY COUNCIL MEETING
APRIL 13, 2010
REPORT PREPARED BY:
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
CHRIS LINK, OPERATIONS MANAGER
STREETS/FORESTRY
ITEM FOR COUNCIL CONSIDERATION:
Consideration of award of contract to Wilson Custom Tree for removal of diseased trees from
private property in 2010.
I. RECOMMENDED ACTION:
By Motion: Award a contract to Wilson Custom Tree in the amount of
$78,811.00 for 2010 diseased tree removal from rivate ropert .
II. BACKGROUND
Property owners have an option of hiring the City's contractor to remove diseased
trees from their private property. They may hire the City's contractor and pay for
the removal or hire the City's contractor and request that the cost of the tree
removal be assessed against their property tax.
A bid form based on estimated number and size of trees and was supplied to the
bidders. A formal bid opening for cone-year contract for the removal of diseased
trees from private property was held on April 1, 2010 with two bidders present.
Wilson Custom Tree was the lowest bidder that met all bid specifications and is an
established contractor that meets all requirements.
Contract amounts for the last eight years are as follows:
Year Amount Contractor
2003 $ 83,766 Top Notch Tree Care
2004 $107,746 Asplundh Tree Expert Company
041310Tree Removal Contract
2005 $116,928 Asplundh Tree Expert Company
2006 $120,436 Asplundh Tree Expert Company
2007 $106,980 North Star Tree Care
2008 $110,189 North Star Tree Care
2009 $110,189 North Star Tree Care
2010 $ 78,811 Wilson Custom Tree
III. BASIS OF RECOMMENDATION
A. POLICY
• If the amount of the purchase is estimated to exceed $100,000.00
dollars, sealed bids shall be solicited by public notice:
• All contracts or purchases over $25,000 require Council Approval.
• The ad for bids for diseased tree removal was published in the
Richfield Sun-Current on March 18, 2010.
B. CRITICAL TIMING ISSUES
• Staff believes the per-tree prices are low enough to provide Richfield
homeowners with a reasonable removal cost should they decide to
have the City coordinate the removal of their diseased tree(s).
• Approval at the April 13, 2010 Council meeting will assure sufficient
time to process the necessary paperwork before the first trees are
marked for removal.
C. FINANCIAL
• Funding to allow the assessment option is through the Permanent
Improvement Revolving fund.
D. LEGAL
• State and City ordinance provides authority to conduct a diseased tree
program.
E. ENVIRONMENTAL CONSIDERATIONS
• Diseased trees need to be removed to keep the environment healthy
and attractive.
IV. ALTERNATIVE RECOMMENDATION(S~
• Council may reject the bid and. direct staff to readvertise, however, staff does
not believe we can obtain a better price from a reputable contractor.
V. ATTACHMENTS
• Bid minutes and tabulation
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
CITY OF RICHFIELD, MINNESOTA ~ ~,
Bid Opening
April 1, 2010
10:30 a.m.
2010 Diseased Tree Removal
Bid No. 10-03
Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff
was called by Theresa Schyma, Deputy City Clerk, who announced that the purpose of
the meeting was to receive, open and read aloud bids for 2010 Diseased Tree
Removal, as advertised in the official newspaper on March 18, 2010.
Present: Theresa Schyma, Deputy City Clerk
Chris Link, Street Maintenance Supervisor
Cheryl Krumholz, City Manager Representative
The following bids were submitted and read aloud:
' Non- Intent
- Bidder
s Name Bond Collusion To Total Base Bid
Comply
Wilson Custom Tree Provided Provided Provided $78,811.00
NSTCI: NONE Provided Provided $93,945.00
The Deputy City Clerk announced that the bids would be tabulated and considered at
the April 13, 2010 City Council Meeting.
Theresa Schyma Deputy City Clerk
AGENDA SECTION: COriSerit
AGENDA ITEM # F) E
REPORT # 5 g
~~~ STAFF REPORT
CITY COUNCIL MEETING
APRIL 13, 2010
REPORT PREPARED BY:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
DERICK ANDERSON, CIVIL ENGINEER
NAME, TITLE
I i71
ITEM FOR COUNCIL CONSIDERATION:
Consideration of award of contract for the 2010 Mill and Overlay and Ice Arena Parking Lot
Project.
I. RECOMMENDED ACTION:
By Motion: Accept the bid minutes/tabulation and award of contract
for the Mill and Overlay Project to Valley Paving, Inc. in the sum of
$788,157.46.
II. BACKGROUND
The residential roads were originally paved between 1972 and 1977. A pavement
management program began in 1980. That policy direction was set to protect the
City's capital investment and maintain an acceptable roadway system. The City's
ongoing preventive maintenance program is essential in delaying the costs
associated with reconstruction.
In 2000, the City incorporated mill and overlay maintenance into the program for
streets that have deteriorated past the point where sealcoating remains effective.
Milling the surface and applying new asphalt maintains the surface integrity of the
road and eliminates significant patching needs every year. The base of these roads
has typically been found in fair condition. In conjunction with regular sealcoating,
the life of that roadway can be extended far beyond the intended life.
0413Mi11&Overlay
The franchise fee implemented in 2004 provides the funding for the City's mill and
overlay program.
The Ice Arena parking lot and the roads behind the arena are in very poor condition.
The original lot was constructed for the swimming pool in 1961. Projects to replace
the parking lot have been planned for years. In 2009, WSB and Associates, Inc.
estimated a total reconstruction and expansion of the lot would cost approximately
$425,000, while a mill and overlay of the existing lot would cost considerably less.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City has adopted a pavement management program to maintain
the. quality of the road and prolong the life of the capital investment
(Comprehensive Plan -Road Pavement Conditions).
B. CRITICAL TIMING ISSUES
• Regular preventive maintenance techniques are effective in delaying
costly street reconstruct projects.
• Several streets in this year's mill and overlay are in extremely poor
condition after this winter.
This year's project includes a repaving of the Ice Arena and swimming
pool parking lot and improvements to the road and parking area
behind the arena.
C. FINANCIAL
• Asphalt pavement costs have increased over 17% since 2008 bid
prices.
• A recent history of bid prices for mill and overlay is:
Year Bid Price Asphalt (ton) Contractor
2006 $38.40 Valley Paving
2007 $39.75 Bituminous Roadways
2008 $40.00 Hardrives
2010 $47.00 Valley Paving
• Funding for mill and overlay is provided by the City's Franchise Fees
and is in the 2010 Street Maintenance Budget, line item 6103
(Professional Services) .
• The Ice Arena project funding is provided by special revenue funds in
the City's capital improvement budget and has a total budget of
$280,000; the paving portion of the Ice Arena in this bid is
approximately $177,000 of the $788,157.
• Additional work may be added or subtracted from the mill and overlay
contract depending on actual cost of construction.
D. LEGAL
• When the amount of purchase is estimated to exceed $50,000, sealed
bids shall be solicited by public notice in the manner and subject to the
law governing contracts or purchases by the City of Richfield.
• The advertisement for bid for the contract was published in the
Richfield Sun-Current on March 18, 2010 and in the Construction
Bulletin on March 15, 2010.
• Bid opening was held on April 1, 2010. A copy of the bid tabulation for
the contract is attached.
• The City has followed the competitive bid process and should award
contract to the lowest responsible bidder.
• Valley Paving, Inc. submitted the lowest responsible bid within the mill
and overlay budget amounts.
IV. ALTERNATIVE RECOMMENDATION~S~
• Council may chose to reject all bids and direct staff to obtain new bids;
however, the prices received for the contract was competitive, and staff does
not believe lower prices can be obtained from a reputable contractor.
• Council may chose not to continue with the Pavement Management Program
as planned. However, the program is essential to maintaining and extending
the usable life of the City's streets.
V. ATTACHMENTS
• April 1, 2010 Mill and Overlay Bid Tabulation
• 2010 Mill and Overlay Project Map
• Ice Arena Parking Lot Project Map
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
_,
CITY OF RICHFIELD, MINNESOTA ~~~'
Bid Opening
April 1, 2010
2:00 p.m.
2010 Mill & Overlay
Bid No. 10-02
Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff
was called by Theresa Schyma, Deputy City Clerk, who announced that the purpose of
the meeting was to receive, open and read aloud bids for 2010 Mill & Overlay, as
advertised in the official newspaper on March 18, 2010 and the Construction Bulletin on
March 15, 2010.
Present: Theresa Schyma, Deputy City Clerk
Derick Anderson, Civil Engineer
Cheryl Krumholz, City Manager Representative
The following bids were submitted and read aloud:
Bidder's Name
Bond Non-
Collusion Intent
To
Comply Receive
Add.
#1
Total Base Bid
GMH Asphalt Corp. Provided Provided Provided Provided $856,150.58
Ace Blacktop, Inc. Provided Provided Provided- Provided $910,187.24
Bituminous Roadways Provided Provided Provided Provided $875,198.90.
Hardrives, Inc. Provided Provided Provided Provided $897,743.90
McNamara Contracting Provided Provided Provided Provided $928,063.15
Midwest Asphalt Corp. Provided Provided Provided Provided $1,013,256.56
Northwest Asphalt Provided NONE -NONE Provided $883,848.00
Valley .Paving Provided Provided Provided Provided $788,157.46
The Deputy City Clerk announced that the bids would be tabulated and considered at
the April 13, 2010 City Council Meeting.
Theresa Schyma Deputy City Clerk
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AGENDA SECTION: Consent _
AGENDA ITEM # C F
REPORT # 5 9
J
APRIL 13, 2010
REPORT PREPARED BY:
DEPARTMENT DIIZECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
DERICK ANDERSON, CIVIL ENGINEER
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a 2009 Concrete Curb and Gutter Repair contract extension for the 2010
Concrete Curb and Gutter Repair.
I. RECOMMENDED ACTION:
By Motion: Approve an extension to the 2009 Curb and Gutter and
Miscellaneous Concrete Repair contract with Ron Kassa
Construction, Inc. in the sum of $99,612.50.
II. BACKGROUND
Each year the City awards a contract to replace cracked and heaved curb and
gutter, and other concrete as necessary. This year's concrete contract includes:
removal, replacement and appurtenant work for concrete curb and gutter at various
locations.
In 2009, the specifications were changed to allow the City to extend the contract an
additional twelve (12) months if both parties agree to the terms of an extension.
The contractor is allowed to request price adjustments at this time. Terms and
conditions for 2010 have been negotiated and include a 4.5% overall increase.
III. BASIS OF RECOMMENDATION
A. POLICY
• As -part of the City's street maintenance program, each year the City
contracts to replace cracked and heaved curb and gutter and other
concrete work as necessary.
STAFF REPORT
CITY COUNCIL MEETING
041310SideCurbGutter
B. CRITICAL ISSUES
• Ron Kassa Construction, Inc. was the lowest responsible bidder to
submit a bid in 2009, and the contract provided for aone-year
extension.
C. FINANCIAL
• A recent history of prices for curb repair (remove and replace) is:
Year Bid Price Curb R&R (ft) Contractor
2006 $19.25 Ron Kassa
2007 $18.00 Standard Sidewalk
2008 $14.96 Create Construction
2009 $18.00 Ron Kassa
2010 $19.00 Ron Kassa
Funding for the purchase of concrete repairs is in the 2010 Street
Maintenance Budget, line item 6103 (Professional Services)
D. LEGAL
• When the amount of a contract is estimated at between $25,000 and
$100,000, the City may let the contract by sealed bids or by
negotiation.
• This contract was competitively bid in 2009, and the contract permitted
a one-year extension. The amount of the proposed one-year
extension is less than $100,000, and the City staff has negotiated the
extension amount with the current contract holder.
IV. ALTERNATIVE RECOMMENDATION(S~
• Council may choose to reject the contract extension and direct staff to
renegotiate the contract price or to obtain quotations for the work; however,
the prices received for this work are fair, -and staff does not believe lower
prices can be obtained from a reputable contractor.
• Council may choose to not do the work.
V. ATTACHMENTS
• Extension Agreement
• Attachment A -Updated bid prices
• 2009 Bid Tabulation
VI. PRINCIl'AL PARTIES EXPECTED AT MEETING
• None.
~F.I
EXTENSION OF AGREEMENT
FOR CURB, ARPON AND SIDEWALK REPLACEMENT
BETWEEN THE CITY OF RICHFIELD
AND RON KASSA CONSTRUCTION, INC.
:This Agreement is made this _day of April, 2010, between the City of Richfield (the "City")
and Ron Kassa Construction, Inc. ("Ron Kassa")
Recitals.:
The City and Ron Kassa are currently parties to an agreement, dated June 9, 2009 (the "Agreement"),
pursuant to which Ron Kassa is providing curb, apron and sidewalk replacement as needed within the
City of Richfield. The term of this agreement is from June 9, 2009 through June 10, 2010.
Under this agreement, the parties may extend the Agreement for up to one additional 12-month contract
period beyond the June 9, 2010 expiration date with an increase'in price for direct costs to provide the
contract services: The parties in this case desire to extend the Agreement for an additional 12-month
contract period through June, 9 2011 at the increased unit prices requested by the Contractor (See
Attachment A).
NOW, THERFORE, iri consideration of the above terms and conditions expressed herein, the parties do
hereby agree as follows:
(1) Section J of the General Conditions shall be amended by extending the termination date
of the- Agreement from June 9, 2010 to June 9, 2011.
(2) Page 2 of the Bid Proposal shall be amended by replacing page 2 with Attachment A of
this Extension Agreement.
(3) Paragraph 4 of the Special Provisions shall be amended by replacing paragraph 4 with the
following language: A list of curb, driveway apron and sidewalk repair locations will be
available and marked by May 1, 2010. More repairs throughout the City will be added at
a later date if budget allows. Curb and sidewalk work may begin anytime after May 1,
2010 and the contract extension is signed and executed by City officials. All work in the
Ice Arena parking lot must be completed by June 1, 2010 and the Mill and Overlay area
by August 1, 2010 (See Attached Map): All other work to be corstracted under this
project shall be completed in place and accepted no later than October 1, 2010.
Except as hereinabove amended, all the terms and conditions of the Agreement shall remain in full force
and effect.
~~~o
IN WITNESS to this Extension, the parties have caused this instrument to be executed as of the
day and year first above written, subject to all. of the terms. and conditions set forth herein.
Signatures for:
Signatures for:
Ron Kassa Constnzction, Inc..
By
Its
.CITY OF RICHFIELD, MINNESOTA (City)
By
Its City Manager
By
Its Mayor
Bid No. 09-11, Bid Proposal
ATl"ACHMENT A
PROPOSED SCHEDULE: The bidder agrees to peform all work described in the specifications and shown on the plans for the following
unit prices:
2009 2009 2010 2010
LINE EST. UNIT TOTAL UNIT "TOTAL INCREASE/
ITEM ITEM DESCRIPTION UNITS QTY. COST ($) COST ($) COST ($) COST ($) DECREASE
1 2104.503 REMOVE CONCRETE WALK/PAVEMENT S.F. 1100 $1.10 $1,210.00 $1.10 .
$1,210.00 0.0%
2 2521.501 4"`CONCRETE WALK S.F. 500 $2.40 $1,200.00 $2.45 .
$1,225.00 2.1%
3 2521.501 6"'.CONCRETE WALK S.F. 500 $2.80 $1,400.00 $2.
85 $1,425.00 1.8%
4 2521.501 8"':CONCRETE WALK S.F. 100 $4.00 $400.00 .
$4.10 $410.00 2.5%
REMOVE CONCRETE CURB OR CURB AND
5 2104.501 GUTTER L.F. 4500 $4.00 $18,000.00 $4.00 ; $18,000.00 0.0%
B618 CONCRETE CURB OR CURB AND
6 2531.501 ', GUTTER L.F. 4500 $14.00 $63,000.00 $15.00 $67,500.00 7.1%
REMOVE CONCRETE CURB OR CURB AND
7 2104.5011 GUTTER AT CATCH BASIN L.F. 200 $4.00 $800.00 $4.00 $800.00 0.0%
CONCRETE CURB OR CURB AND GUTTER AT
8 2531.501 CATCH BASIN L.F. 200 $15.00 $3,000.00 $16.00 $3,200.00 6.7%
ADA PEDESTCtIAN CURB RAMP TRUNCATED
9 2531.602 ~ DOMES EACH 30 $200.00 $6,000.00 $185.00 $5,500.00 -8.3%
10 2211.5011 AGGREGATE BASE, CLASS 5, 100% CRUSHED TON 5 $15.00 $75A0 $15.00 $75.00 0.0%
BITUMINOUS REMOVAL FOR
11 2104.503 MISCEL4ANEOU$ PROJECTS S.F. 75 $1.00 $75.00 $1.00 $75.00 0.0%
SAW CUT BITUMINOUS FOR
12 2104.513 MISCELLANEOUS PROJECTS L.F. 50 $3.80 $190.00 $3.85 $192.50 1.3%
TOTALS $95,350:00 $99,612.50 4.5%
J
~'
Sidewalk Concrete Curb and Gutter - 2009
BID TABULATION SHEET
Bid #: 09-11
Bid Opening: June 2, 2009 at 9:45 a.m
Council Chambers, City Hall
Award of Contract: June 9, 2009
Vendor
Bond
Non-Collusion Intent to
Compl
Total Base Bid
1. City of Richfield
2. TI-Zack Concrete
3. Construction Technology
4. Design Cemente
5. Ron Kassa Construction x x x $90,350.00
6. Standard Sidewalk x x x
$158,975.00
7. Ryan Contracting x x x
$137,080.00
8. H.S Concrete
9.
10.
11.
12.
13.
AGENDA SECTION: Consent
AGENDA ITEM # 6 G
REPORT # ( ~
~~ STAFF REPORT
CITY COUNCIL MEETING
APRIL 13, 2010
REPORT PREPARED BY:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
~~
CHRIS LINK, OPERATIONS MANAGER
STREET/FORESTRY
N~rE TITZE'
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the purchase of equipment and chemicals from JRK Seed for the injection
treatment of ash trees not to exceed $50,000.00.
I. RECOMMENDED ACTION:
By Motion: Approve the purchase of injection equipment and
chemicals from JRK Seed for the injection treatment of ash trees not
to exceed $50,000.
~ IL BACKGROUND
At the March 9i" meeting the City Council approved an Emerald Ash Borer Policy
(EAB) that included chemical injection treatment. At that meeting it was also
discussed that the following items would be discussed at a future meeting:
• Quotes for Chemicals and Supplies
• Funding
• Public Relations Plan
• Criteria for Trees Receiving Injection Treatments
Quotes for Chemicals and Supplies
The chemical that will be used to treat ash trees is called Tree-age which is owned
by Arborjet. Arborjet has three distributors in Minnesota that carry this chemical and
has set-up anon-competitive pricing system. All companies that distribute this
chemical must charge the same amount. Staff recommends that the chemical be
purchased from JRK Seed for the following reasons
041310EABEquipment
• Location (Eagan)
• Availability of chemical
• Availability of parts and supplies
• Support and Training offered
City staff will make an initial purchase of chemical and equipment after the proper
training takes place. Staff estimates that 1100 trees can be treated for
approximately $50,000. Staff will audit the progress of the injection program and
periodically update City Council of the progress.
Funding
At;the March 9 Meeting, the City Council reviewed funding options (see the
attached "Combating Tree Disease" Presentation). City staff will present the City
Council with Franchise Fee options and cash flow considerations at their April 27,
2010 meeting.
Public Relations Plan
The Public Works Forestry Division's Emerald Ash Borer Preparedness Plan
includes trees that are on public property, but does not address ash trees that are
on private property. There are 3,254 ash trees on the boulevard and it is estimated
that there are 3,000 to 4,000 ash trees on private property. To include private
property trees staff will be receiving input on ways to reach the public from the
Community Services Commission at an upcoming meeting.
Injection Criteria
City staff will also ask the Community Services Commission to help develop criteria
for which ash trees are to be removed or candidates for treatment. All findings from
the Community Services Commission will be brought to City Council for approval.
III. BASIS OF .RECOMMENDATION
A. POLICY
• City Council direction for Forestry policy will guide staff in making
operation changes.
• A timely decision will assist staff in budget preparation.
• The City Council funded Summer DED tree removal in 2009 through
the initiation of a $.23 increase in franchise fees. The cost for the
summer 2009 DED removal will be recovered by November 2010.
There will be additional summer DED removal in 2010. The City
Council may want to consider extending or adjusting the franchise fee
rates.
B. CIUTICAL TIMING ISSUES
• If franchise fees are to be used to fund the project, the rate should be
adjusted as soon as possible to provide adequate cash flow to pay for
chemicals and supplies.
• Adjusting franchise fees takes several months to implement.
• Injection treatments must occur in the late spring and early summer
months to be effective.
C. FINANCIAL
• Staff is recommending that the funding for this project will come from
franchise fees.
If Council decides to use the General Fund, other City services would
have to be reduced to balance the 2010 budget.
Staff estimates that a franchise fee rate increase of $.16 would
generate enough money, in one year, to pay for chemicals and
supplies for EAB treatment and Two-Lined Chestnut Borer in
Augsburg Park.
D. LEGAL
• When the purchase of materials, merchandise, equipment or
construction exceeds $25,000, authority to purchase shall be
submitted to the City Council for consideration.
• The City of Richfield's Purchasing policy states that purchases
between the amounts of $25,000 and $100,000 may be made either
upon sealed bids or by direct negotiation,. by obtaining two or more
quotations for the purchase or sale when possible.
• Injection equipment and chemicals are available from asingle-source
vendor, and all three distributors have provided identical price
quotations.
• Because all quoted prices are equal, the City Attorney has advised
that the contract may be awarded based upon consideration of other
factors in the public interest, such as proximity and reliability.
E. ENVIRONMENTAL CONSIDERATIONS
• Diseased trees need to be removed to maintain a healthy and
attractive environment.
The EAB insecticide affects some insects other than the Emerald Ash
Borer.
IV. ALTERNATIVE RECOMMENDATION(S~
• Delay decision to another City Council Meeting.
V. ATTACHMENTS
• Combating tree disease presentation
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
~~,1
Tree Diseases in Richfield
Combating Tree Disease
March 9, 2010
City Council Meeting
^ Gypsy Moth
. Treated last June in West Richfield
. Dutch Elm Disease (DED)
^ 30 years of removals
. Summer removal policy developed
^ Emerald Ash Borer (EAB)
. Oak tree diseases -Augsburg Park
^ Oak wilt
. Two Lined Chestnut Borer -newly discovered
Dutch Elm Disease
^ Summer (before July 15) 2009 removals
^ Contractor tree removals
^ Franchise fee funded ($99,000)
^ City Staff restores lawn
^ 2010 Forestry Budget
^ Summer 2010 removals by contractor
^ Franchise Fee funded (less than 2009?)
^ Post July 15 removals by staff
Oak Tree Diseases
. Augsburg Park trees
^ Oak wilt slow moving, difficult to detect,
treat by trenching
. Trenched in Fall of 2009
. Two Lined Chestnut Borer (TLCB)
. Discovered this winter in Augsburg
^ 17 TLCB oaks were removed from the park
^ TLCB inoculation cost estimate $21,000
^ Same equipment (different chemical) used for
EAB
Emerald Ash Borer
. 4 outbreaks in Mpls/St. Paul east of river
. Likely Richfield infested or soon to be
^ Until a year ago removal only option
^ $1.3M to $2.3M to remove
^ Inoculation now appears viable
^ Spring is best time to inoculate
^ $40-60k treats 1/3 of City
. Equipment
. Chemical
. Seasonal staff person
Diseased Tree Policy Guidance
. Diseased Boulevard trees as a City issue
.Option to return ownership to resident
^ Remove DED trees before July15
. Franchise Fees as the funding source
^ $.23 increase Nov '09 to Nov. `10 ($99k/yr)
^ Summer'10 DED, EAB, new 2LC6 may mean
extending or adding to FF tree rate
. Tonight's decisions can wait until March 23
1
AGENDA SECTION: Public Hearing
AGENDA ITEM # 8
REPORT # 61
~' STAFF REPORT
CITY COUNCIL MEETING
APRIL 13, 2010
REPORT PREPARED BY:
BETSY OSBORN, ADMINISTRATIVE
SUPPORT SERVICES MANAGER
NAME, TITLE
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public Hearing for consideration of the issuance of new on-sale wine and 3.2 percent malt
liquor licenses for Joy's Pattaya Thai Kitchen, LLC, 7545 Lyndale Avenue South, Richfield.
I. RECOMMENDED ACTION:
Conduct and close the Public Hearing for Joy's Pattaya Thai Kitchen
and By Motion: Approve the issuance of new on-sale wine and 3.2
aercent malt liauor licenses.
II. BACKGROUND
On December 7, 2010, the City received the application and other required
documents for new on-sale wine and 3.2 percent malt liquor licenses for Joy's
Pattaya Thai Kitchen, LLC.
The applicant has satisfied all objective criteria for eligibility under state and local
ordinances.
The following requirements for license issuance have all been satisfied. They are
as follows:
1. The applicant has paid the required licensing fees.
2. The required proof of liquor liability insurance coverage has been received
showing Travelers Casualty Insurance Company of America affording the
coverage.
0413 PH New Liquor Licenses for Joy's Pattaya Thai Kitchen
3. Proof of worker's compensation insurance has been supplied.
4. The property being leased by Joy's Pattaya Thai Kitchen, LLC is owned by
Kenneth Johnson. The lease between the applicant and the landlord are in
effect with all payments current.
5. All real estate property taxes are paid and current.
6. There are no unpaid general sales and withholding taxes.
7. As these are new licenses, there are no previous "calls for service" or contact
records.
The Public Safety background investigation has been completed and reveals the
following:
The owners of Joy's Pattaya Thai kitchen are Dale Lynn Mueller and Buathan
Mueller (Datthuyawat). Each of these individuals owns 50% of the business.
Temsiri Green is the on-premise manager of the establishment.
Criminal history checks were conducted on Dale Lynn Mueller, DOB 04/10/1966;
Buathan Mueller, DOB 03/07/1963; and Temsiri Green, DOB 10/15/1985. The
queries conducted indicated no criminal convictions or arrests for any of the
individuals. In addition, a records check indicated that there have also been no
police contacts with any of the individuals.
The Mueller's purchased the restaurant from Naviya's Kalico Elephant on August 2,
2009. Neither Dale nor Buathan have had any prior interest or employment in a
restaurant, cafe, tavern, hotel, or any other business of similar nature. Temsiri has
had prior experience as a cook and wait staff at the Mango restaurant in St. Paul;
Chars restaurant in Minneapolis; Hong Thai restaurant in Albertville, and Culver's
restaurant in Albertville.
According to the Minnesota Liquor Control Board, neither of the applicants has ever
applied for a liquor license, nor has there ever been any reports regarding violations
of any type of liquor law.
There were no issues found during this investigation that raised any concerns about
the applicant's suitability for licensing regarding the application for on-sale wine and
3.2 percent malt liquor.
On-sale wine and 3.2 percent malt liquor licenses require owners of these
establishments to comply with Resolution No. 9511, which outlines discipline they
can expect if any on-going problems occur. A copy of this resolution has been
given to the owner of the establishment.
There are no distance requirements to notify neighbors of the issuance of on-sale
wine and 3.2 percent malt liquor licenses.
The Notice of Public Hearing was published in the Richfield Sun Current on April 1,
2010.
III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with all of the provisions of both City
Codes and State Statues pertaining to on-sale wine and 3.2 percent
malt liquor licenses.
B. CRITICAL TIMING ISSUES
• That the requirements in Resolution 9511 are met.
C. FINANCIAL
• The required background investigation and licensing fees have been
received.
D. LEGAL
• N/A
E. ENVIRONMENTAL CONCERNS
• N/A
IV. ALTERNATNE RECOMMENDATION~S~
• The Council could decide to deny the license request, which would mean that
the current applicants would not be able to obtain on-sale wine and 3.2 malt
liquor licenses.
V. ATTACHMENTS
• None
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Dale Mueller, Owner
AGENDA SECTION: Public Hearin
AGENDA ITEM # 9
REPORT # 62
.~
STAFF REPORT
CITY COUNCIL MEETING
APRIL 13, 2010
JULIE EDDINGTON, KENNEDY &
REPORT PREPARED BY: ~ GRAVEN, CITY' S BOND COUNSEL
NAME, TITLE
SIGNATURE
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing regarding the City granting Comlux America, LLC a loan of Minnesota
Investment Fund grant monies in the amount of $1,000,000 and consideration of resolution
approving documents related to the loan
I. RECOMMENDED ACTION:
Conduct and close a public hearing regarding a business subsidy for
Comlux America, LLC and by motion approve the attached resolution
approving Minnesota Investment Fund Loan Agreement between the
City and Comlux America. LLC
On November 10, 2009, the City Council held a public hearing and approved
entering into a grant agreement with the Department of Employment and Economic
Development ("DEED") to obtain grant funds in the amount of $1,000,000.
Pursuant to the Grant Agreement, dated March 1, 2010, the initial grant of funds to
the City are to be loaned to Comlux America, LLC. 20% of the loan repayments
received by the City from Comlux may be retained by the City to fund its revolving
fund loan program (up to a maximum of $100,000). The remaining percentage of
loan repayments will be returned to DEED.
The loan from the City to Comlux will be used to establish a new business in
Minnesota in a vacant hangar near the airport. Comlux specializes in outfitting large
aircraft to the specifications of the purchaser and also provides maintenance for
aircraft. Comlux expects to create 50 to 200 high paying jobs to the area. The
initial operations would focus more on aircraft maintenance and employ up to 50
skilled personnel.
0413Comlux
Pursuant to the Grant Agreement with DEED, the City is required to enter into a
loan arrangement with Comlux in order to loan the funds ,granted to the City to
Comlux. This loan constitutes a business subsidy and a public hearing is required.
Pursuant to a Loan Agreement, it is proposed that the City loan the grant funds
received from DEED to Comlux. No City funds will be used to fund the loan.
Administration of the loan is expected to involve minimal staff time.
III. BASIS OF RECOMMENDATION
A. POLICY
• By entering into the grant agreement with DEED and loaning the grant
monies to Comlux pursuant to the loan documents, the City is
fostering economic development in the area,
B. CRITICAL TIMING ISSL7ES
• Proper notice of public hearing was published pursuant to the
Business Subsidy Act.
• The Grant Agreement between the City and DEED requires the loan
agreement between the City and Comlux be approved by the Council
and submitted to DEED prior to the City's receipt of grant funds.
• The Comlux proposed facility will be located near the east border of
the City and is likely to provide potential customers to City businesses
and potential homeowners for the City.
C. FINANCIAL
• The City has no financial obligation or liability in this matter beyond
distribution of grant proceeds to Comlux and remitting a portion of the
loan repayments to DEED.
• The City is not responsible for non-payment of loan installments to
DEED.
• The City will receive 20% of the repayments made by Comlux under
the loan documents (up to a maximum of $100,000). Such monies
must be used by the City to fund its revolving loan fund program.
D. LEGAL
• The City's Bond Attorney drafted the proposed resolution.
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATIONS}
• Do not approve the attached resolution. This may result in the City losing the
grant funds from DEED.
• Modify the attached resolution.
I V . ATTACHMENTS I
PRINCIPAL PARTIES EXPECTED AI' MEETING
• N/A
9I
CITY OF RICHFIELD
RESOLUTION NO.
RESOLUTION APPROVING MINNESOTA INVESTMENT FUND LOAN
AGREEMENT BETWEEN THE CITY AND COMLUX AMERICA,. LLC
WHEREAS, pursuant to a resolution adopted on November 9, 2009, the City
Council (the "City Council") of the City of Richfield (the "City") approved the submission of
an application for a grant from the Minnesota Investment Fund Program administered by
the Minnesota Department of Employment and Economic Development ("DEED") and the
execution of a grant agreement with the DEED; and
WHEREAS, the City executed a Grant Agreement with DEED, dated March 1,
2010 (the "Grant Agreement") to obtain grant funds in the amount of $1,000,000 and loan
such grant funds to the Comlux America, LLC (the "Developer"); and
WHEREAS, the City Council has received and reviewed a Loan Agreement for
Loan of Minnesota Investment Fund Grant (the "Loan Agreement"), between the City and
the Developer, providing for the loan of the grant funds in the amount of $1,000,000 to the
Developer (the "Loan"), which agreement includes a "business subsidy agreement" as
defined in Minnesota Statutes, Section 166J.993 to 116J.995; and
WHEREAS, on the date hereof, the City has conducted a duly noticed public
hearing as required by Minnesota Statutes, Section 116J.994, subd. 5 on-the proposed
Loan to be made to the Developer pursuant to the Loan Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, that:
The Loan Agreement, and the business subsidy agreement contained
therein, is approved. The Mayor and the City Manager are authorized and
directed to sign the Loan Agreement and any other documents or certificates
necessary to carry out the transactions described in the Grant Agreement
and the Loan Agreement.
2. The Loan Agreement is approved in substantially the form on file in City
Hall, subject to modifications that do not alter the substance of the
transaction and are approved by the Mayor and the City Manager;
provided that execution of the documents will be conclusive evidence of
their approval.
Approved by the City Council of the City of Richfield this 13th day of April, 2010.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION: Resolution
AGENDA ITEM #
REPORT # 63
STAFF REPORT
CITY COUNCIL MEETING
.APRIL 13, .2010
REPORT PREPARED BY:
MELISSA POEHLMAN, CITY
PLANNER
NAME, TITLE
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a major site plan amendment at 7700 Nicollet Avenue that would allow a
main floor addition for a market and a basement area for additional storage.
I. RECOMMENDED ACTION:
By Motion: Approve the attached resolution authorizing a major site
plan amendment at 7700 Nicollet Avenue.
II. BACKGROUND
Applicant John Gross purchased the former Ember's property at the corner of 77th
Street and Nicollet Avenue last year and has completed a substantial exterior
remodel of the existing building. Mr. Gross is now proposing a 3,226 main floor
building addition to accommodate a tenant who would like to operate a restaurant
and market (restaurant 1,388 s.f., market 3,226 s.f.).
The proposed site plan is designed to incorporate the ideas of the 1-494 Corridor
Plan and the Mixed Use -Community Zoning. District in terms of building coverage,
architectural design, pedestrian access and additional green space. The plan also
improves safety along Nicollet Avenue by eliminating a curb cut near the
intersection and by creating a new code-compliant commercial ingress/egress.
041310 - 7700 Nicollet ASP
III. BASIS OF RECOMMENDATION
A. POLICY
• A major site plan amendment requires a public hearing before the
Planning Commission and final approval by the Council.
o A public hearing was held on March 22, 2010. No
members of the public spoke.
o The. Planning .Commission voted unanimously (8-0) to
recommend approval of the proposed amendment.
• The proposed site plan. moves in the direction contemplated by both
the Comprehensive. Plan and the f-494 Corridor Study.
o -In general, the Regional Commercial/Office designation
contemplates very large development (over 150,000
square: feet); .however, on a site of this size, that is not
possible.. The proposal maximizes the building footprint,
includes multiple uses, provides a building design that is
interesting from both streets through the use of windows,
incorporates a sidewalk to directly connect the building
to pedestrians on 77th Street, and offers a public green
space between the two entrances. These are all goals
and objective of both the Comprehensive Plan and the 1-
494 Corridor Plan.. Strict compliance with the Regional
Commercial/Office designation is not required for the
approval of a site plan amendment.
• The proposed site plan is consistent with the requirements of the
Zoning Ordinance, including the following:
0 28 parking spaces are required. 28 parking spaces have
been provided. Code requires that these spaces be
available year-round.
o Impervious surface will. be reduced from 91 percent of
the site to 86 percent. Due to the constrained nature of
the site; the Public Works Department is willing to issue
a Boulevard Feature Permit to allow additional
landscaping along Nicollet Avenue. This additional
landscaping will serve to screen cars in the parking lot
and add to the aesthetic of the property. This will further
decrease the impervious surface at this corner. All
landscaping will be maintained by the property owner.
o A minimum of 20 percent of walls along streets must be
windows -this requirement is met.
o .Minimum building coverage requirement is 25 percent -
this requirement is met.
o Parking lots must be screened to block the view of
parked `cars -this requirement is met.
o Final landscape and lighting plans must be reviewed and
..approved by staff prior to the issuance of any permits.
o An odor control system is required to protect adjacent
residential
The proposed site plan increases safety at the intersection and along
Nicollet Avenue. The applicant proposes to eliminate the curb cut
closest to the intersection and to .redesign and reposition the southern
ingress/egress.- .The .new driveway will meet current standards and
reduce confusion for drivers wishing to visit the gas station to the
south. Some internal traffic movements are not ideal based on the
constrained site; however, these movements should be contained
within the site, rather than impact traffic along Nicollet Avenue, as is
the current situation.
B. CRITICAL TINTING ISSUES
• 60 Day Rule: The 60 day `clock' started when a complete application
was received on March 16, 2010. A decision must be given to the
applicant by May 15, 2010 OR the Council must notify the applicant
that it is extending the deadline (up to a maximum of 60 additional
days or 120 days total) for issuing a decision..
C. FINANCIAL
• The .required application fee has been paid.
D. LEGAL
• A public hearing was held before the Planning Commission on March
22, 2010. No comments were made by the public.
• Notice of the public .hearing was sent to property owners and residents
within 350 feet of the`subject property.
E. ENVIRONMENTAL CONSIDERATIONS
• The proposed site plan decreases impervious surface and adds
significant landscaping to the site.
IV. ALTERNATIVE RECOMMENDATION(S~
• Deny the request with a finding that. City requirements are not met.
V. ATTACHMENTS
• Resolution
• .Area maps
• .Site photograph and existing plan
• Proposed site plan
• Draft landscaping plan
• Elevations
• Renderings
VI. PRINCIPAL PARTIES EXPECTED AT. MEETING
• John Gross, owner
RESOLUTION NO. r
ID,
RESOLUTION GRANTING APPROVAL t
OF A MAJOR SITE PLAN AMENDMENT FOR
7700 NICOLLET AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests
approval of site plan for the parcel of land located at 7700 Nicollet Avenue, legally described
as:
Lot 1, Block 7, R.C. SOEN'S ADDITION, Hennepin County, Minnesota
WHEREAS, the requested site plan amendment has been reviewed by staff and meets
City requirements; and
WHEREAS, the proposed site plan will adequately serve the purpose for which
it is proposed and will not have an adverse effect upon the public safety or general welfare;
and
WHEREAS, the City has fully considered the request for approval for the site plan
amendment; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. That the proposed site plan, including 28 parking spaces, is hereby approved.
2. All parking spaces must be striped in accordance with City standards.
3. All parking spaces must be accessible year round.
4. Final landscaping and lighting plans must be approved by the Community
Development Department.
5. All landscaping must be continuously maintained and not be unsightly in
appearance or in a state of disrepair.
6. All landscaping must be irrigated.
7. Obtain a Boulevard Feature Permit and any necessary County approvals for
work done in the boulevard and access changes.
8. An odor control system is required for restaurant use.
9. The City will not issue the Certificate of Occupancy until the stipulations are
met and/or an Escrow or Letter of Credit is provided for incomplete
improvements.
Adopted by the City Council of the City of Richfield, Minnesota this 13th day of April
2010.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
7700 Nicollet Avenue -ASP 3/10 ~~-~
R
Zoning
R -Single Family Res.
MR-1 -Two Family Res.
U-N -Mixed Use - Neighborh
MU-C -Mixed Use - Commun
R
R
R R
77TH STREET
MU-N
MU-N
0 62.5 125 250 375
Feet
L
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LDR LDR
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77TH STREET
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Comp Plan
LDR -Low Density Res.
HDR -High Density Res.
RCO -Regional Com./Offic
HDR
7700 Niwllet LLC
7700 Niwllel Ave South
RichOeld, MN 55423
JULIE SNOW ARCHRECTS INC.
v suoz av
NOT FOR
CONSTRUCTION
Sile Plen Revlew 03.16.10
Project Number Drawn By
2010.02 pt, mk
InereOr ceni7 to
Matthew Krelllch, AIA
tYPea or Vrlntetl Name
45716
Title Sheet
G0.0
~~
SURVEY FOR:
JOHN GROSS 8c 7'700 NICOLLET LLC
Legend
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- e - Overhead Electric
Overheatl Telephone
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Square Calchbasin
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Gas Meter
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SCALEO TO FITj
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7700 Mallet LLC
7700 Mallet Ave Sauth
Richfieltl, MN 55423
JULIE SNOW ARCHDECTS INC.
11ap FPNpioWER
51)MAgppETrE AVE
MPLS MN 55191
iEl 611359 5130
FPX 8113599530
NOT FOR
CONSTRUCTION
Site Plan Rcviaw m as to
Project NumFUr Drawn By
2070.02 pt, mk
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Matthew Krelllch, AIA
ryPOe or Pdmea xame
45716
Reg. No.
Site Survey
A1.0
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- -„_ _,,. -~-gx W. 77TH ST. i ~~ . -
-_ -- .. _ =N, _
/~ 98 SOSFAPING _ h8a"° s.elw _ ° --~ ~__ N RKSCAP NIDEWAOOR 15,588 sf
]700N II ILLC
_ _ / 2 \\ - -- _ -- EXISTINGEBAND WN -IE GSTING 3 508 sf
7]00 N II 4 South
LOT TOTAL ~ Rir I,.IA Mn-~:~4"L3
. ~-'p.-~ -. .~:. 18.673 sf ['
I
EXISTING-
WOOD - _ -_- - AREA BREAKDOWN-PROPOSED
FENCE ~ I ~\~~' JULIE SNOW aH HITE TS INC.
(-6' 0 HIGH) ~ EXISTING BUILIDNG -MAIN FLOOR 1,388 st
f I NEW BUILDING ADDITION-MAIN FLOOR ~ .
+, _.._f 3,226 sf
NEW BUILDING - \ NEW BUILDING ADDITION -BASEMENT STORAGE 2.500 sf
DOWNSPOUT ADDITION - 19-0 ~ 24'-0" ~ 13 C ~ "` - NON TEMPERED TRASH SHED 310 sf uv»sao
~y MAIN FLOOR= ~,~` PARKING +SIDEWALK 11,162 sf
3,226 SO. FT. _ - ~'~ -~- s ~ LANDSCAPING 5,002 sf
- - ~ ~ o, s ~ a To LOT TOTAL
. ~ 18,673 sf
NEW CONCRETE
j ~e~ E- SIDEWALK `~'.~
(- -- - REMOVE EXIWING
51'~i' - 5 7 ROOF
- ~ DRIVEWAY (S OWN PARKING REQ MTS PER 544.13
_ -~ o\FRHnNG " - oasI1ED)AN NOT FOR
REPAIR 3 per 1000 sf of Market sf (5 726/1000) x 3 = 17.18 PARKING SPACES C~N$TRUCT~N
j m }- }- (~ ~y~ SIDEWALK/CURB 10 per 1000 sf of Restaurane sf (1 38811000) x 10 = 13.88 PARKING SPACES
F~ : \ BITUMINOUS ice! \ TOTAL = 31.06 PARKING SPACES ~ S'te Plan Review 03.16.10
PARKING
I ?~"'
I .y.~ PER 544.13. Subtl. B-PARKING MAV BE REDUCED BY 10%:
°° { ~ 10%OF 31.06 PARKING SPACES=3.11
' - ~) GREEN WAIT. - 31.06 - 3.11 = 27.95 PARKING SPACES REQUIRED
_~;~ ~ 3 ~ ~ ~~ ~ - - -
~~- PLANTING ON
DOWNSPOUT - THIS ELEVATION ~
~ A:`.0 -t . - LANDSCAPING ACTUAL PARKING
. I ~ ~\\~~~ ~~ ~ ~; 2321 sG. FT. I W
4 E (- -- - - LANDSCAPING ~ STANDARD SIZED PARKING SPACES 20
[/ ~ ~ ~' ~ ACCESSIBLE PARKING SPACES 2
/ ~
,,2 0 473 SO. F1. _ ~ COMPACT SIZED PARKING SPACES 6
^a~ / \ o
`\ TOTAL 28
/~ ~ ~ ~ ~~ E ~ ~. < II EXISTING ~
CONCRETE L_LJ
/ - ~ LANDSCAPING
~ C 45 SO. FT. A2.) ~- ~ ~~ SIDEWALK J
_ .y J
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~ BUILDING AREA- - Project Number DrawnB
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- L 188 SO. FT. ;J ~~,~ 45716 _
EMPLOYEE 5 \ LANDSCAPING 16'-r ~ ,j~ <" REMOVE EXISI~ING Req. NO. -
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45716
Reg. No.
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Landscape Plan
C1V LANDSCAPE PLAN
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7700 Nlcollrl Avg. So ilh
Richfield MN 55423
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~~
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7700 Nicollet LLC
7700 Nkollel Ave South
Richfield, MN 55423
JULIE SNOW ARCHITECTS INC.
1480 RPNBTOWER
531MMWETTEAVE
MFLS MN .5 W2
TEL fit33599a30
F0.C 81t 3599530
NOT FOR
CONSTRUCTION
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2070.02 - pt, mk
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was preperetl by me arunaermy tlirect
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SlgnaWre Date
Matthew Krelllch, AIA
TyPaa or vdmea xame
45716
Neg. No
Building Elevations
A2.0
c
7700 Nicollef LLC
7700 Nicollef Ave Saulh
Richfield, MN 55423
~,1 EAST ELEVATION
ao-wa rsu~w ~` * ,.
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~2J
yfi'~4 ~-, '''t<
JULIE SNOW AkCHITECTS INC.
NOT FOR
CONSTRUCTION
Sile Plan Review 03.16.10
Project Number Drawn By
2010.02 pt, mk
~mrym
sig~aw~ - oa~e
Matthew Krelllch, AIA
45716
Reg. No.
Building Renderings
J A2.1
c
AGENDA SECTION: Resolution
AGENDA ITEM # 11
REPORT # 64
~' STAFF REPORT
CITY COUNCIL MEETING
APRIL 13, 2010
REPORT PREPARED BY:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
a
r~
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution approving the contract with the International Union of Operating
Engineers, Local 49 for the contract period January 1, 2010 through December 31, 2010.
I. RECOMMENDED ACTION:
By Motion: Adopt the resolution approving the provisions of the 2010
labor agreement with the International Union of Operating Engineers,
Local 49 bargaining unit and authorize the City Manager to execute
the agreement
II. BACKGROUND
City staff has completed labor negotiations with the International Union of Operating
Engineers, Local 49 (Union). The provisions of the 2010 contract cover all of the
employees in this Union, which consists of 38 City employees including Public
Works Workers, Mechanics and Water Plant Operators.
During the course of negotiations, City staff made the Union aware of the severe
financial constraints the City is facing in 2010 and beyond, and sought a zero
percent wage increase for the entire contract year, to which the Union has agreed.
The City did not provide a wage adjustment for General Services and Management
employees for 2010 and has sought the same for the other bargaining units.
PAM DMYTRENKO, ASSISTANT TO
THE CITY MANAGER
Nanir,
0413Local49
The tentatively approved settlement includes the following significant changes:
Wages
A zero percent wage increase for contract year 2010 (eligible employees will still
receive a step increase).
Health Insurance
A $75 increase to the Employer health insurance contribution which provides full
coverage at the High Option plan for single Employee at $666.76 per month, $855
per month for Employee plus spouse or Employee plus child(ren) coverage and
$905 per month for Employee plus family coverage. For Employees who select the
single tier $2500 High Deductible Health Plan option, the Employer will contribute a
maximum of $227 per month into the Employee's Health Savings Plan.
A $3 increase to the Employer contribution for Employee single dental insurance
coverage from $34 per month to $37 per month.
An increase to the Employer-provided basic term life and accidental death and
dismemberment insurance policy from $25,000 to $35,000.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City has met and negotiated in good faith with the Union and its
representatives and is bound under the Public Employer's Labor
Relations Act to meet and bargain over the terms and conditions of
employment.
• The proposed settlement for the health, dental and life insurance
provisions is identical to those provided to non-union City employees.
The City has a long history of providing the same level of insurance
benefits to all eligible City employees.
• The zero percent wage increase represents the same. zero percent
wage adjustment implemented for non-union City employees. The
Union has agreed to a zero percent wage increase as long as the
other bargaining groups within the City also adopt the same wage
terms. This is one of three contract settlements before the Council on
April 13, 2010. Only Fire and 911 Dispatcher bargaining units remain
unsettled for 2010.
• .The zero percent wage adjustment and health insurance increase is
comparable to other bargaining groups in similar metro cities. A
survey of Stanton 5 cities indicates that those cities are not providing
wage increases for 2010 or they are re-opening previously settled
contracts to renegotiate wage terms. The City has a long history of
trying to remain as close to the mid-range as possible for Stanton 5
cities, in terms of wages and benefits.
B. CRITICAL TIMING ISSUES -
• In order to allow the City's accounting personnel to modify payroll
records in a timely manner for 2010 wages and benefits, it is
recommended that the City Council act on April 13, 2010 to adopt the
attached resolution providing for contract changes, effective January
1, 2010.
C. FINANCIAL
• No general wage increase, for contract year 2010.
• A maximum $75 increase in Employer monthly contribution towards
health insurance coverage for 2010.
• $3 per month increase in Employer monthly contribution towards
employee single dental insurance in 2010.
• An increase in the Employer-provided basic life and accidental death
and dismemberment insurance policy from $25,000 to $35,000. The
City has not increased the value of this policy in over ten years. As a
member of the Local Government Information Systems group
(LOGIS), the City joined the switch in life insurance providers to The
Hartford, effective January 1, 2010. The Hartford's lower rates allow
the City to increase Employer-provided life insurance benefits at no
additional cost.
D. LEGAL
• If the terms of this agreement are not approved, further negotiation
and/or mediation will be necessary.
E. ENVIRONMENTAL CONSIDERATIONS
• NA
IV. ALTERNATIVE RECOMMENDATION~S~
• Do not approve the terms of this agreement and prepare for further
negotiation and/or mediation.
• Defer discussion to another date.
V. ATTACHMENTS
• Resolution
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
__ _ ~~-(
RESOLUTION NO.
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49
.BARGAINING UNIT FOR THE YEAR 2010
WHEREAS, the City Manager and the International Union. of Operating Engineers,
Local 49 have reached an understanding concerning conditions of employment for year
2010; and
WHEREAS, it would be inappropria_ to to penalize Local 49 members who have
negotiated in good faith; and
WHEREAS, the City Ordinance requires that contracts between the City and the
exclusive representative of the employees in an appropriate bargaining unit shall be
completed by Council resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve
the Labor Agreement between the City of Richfield and International Union of Operating
Engineers, Local 49 Bargaining Unit, for year 2010 under the provisions of the Labor
Agreement to be implemented effective January 1, 2010 and authorize the City Manager to
execute the contract.
Adopted by the City Council of the City of Richfield, Minnesota this 13th day of April
2010.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION: Resolution
AGENDA ITEM #
REPORT #
J STAFF REPORT
CITY COUNCIL MEETING
APRIL 13, 2010
REPORT PREPARED BY: PAM DMYTRENKO
ASSISTANT TO THE CITY MANAGER
N ,TITLE
DEPARTMENT DIRECTOR
REVIEW:
SIGNATURE
REVIEWED BY CITY ~ ~
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution approving the contract with the Police Supervisors LELS Local
162 for the contract period January 1, 2010 through December 31, 2010.
I. RECOMMENDED ACTION:
By Motion: Adopt the resolution approving the provisions of the 2010
labor agreement with the Police Supervisors LELS Local 162
bargaining unit and authorize the City Manager to execute the
agreement.
II. BACKGROUND
City staff has completed labor negotiations with the Police Supervisors LELS Local
162 (Union). The provisions of the 2010 labor agreement cover all of the
employees in this Union which consists of 11 positions: 8 Sergeants and 3
Lieutenants.
During the course of negotiations, City staff made the Union aware of the severe
financial constraints the City is facing in 2010 and beyond, and sought a zero
percent wage adjustment for the entire contract year, to which the Union has
agreed.
The City did not provide a wage adjustment for General Services and Management
employees for 2010 and has sought the same for the other bargaining units.
0413Police Supervisors
The tentatively approved one year contract settlement includes the following
significant changes: _
Wages
A zero percent wage increase for contract year 2010 (eligible employees will still
receive a step increase).
Health Insurance
A $75 increase to the Employer health insurance contribution which provides full
coverage at the High Option plan for single Employee at $666.76 per month, $855
per month for Employee plus spouse or Employee plus child(ren) coverage and
$905 per month for Employee plus family coverage. For Employees who select the
single tier $2500 High Deductible Health Plan option, the Employer will contribute a
maximum of $227 per month into the Employee's Health Savings ,Plan.
A $3 increase to the Employer contribution for Employee single dental insurance
coverage, from $34 per month to $37 per month.
An increase to the Employer-provided basic term life and accidental death and
dismemberment insurance policy from $25,000 to $35,000.
Clothing Allowance
A $25 increase to the annual clothing allowance from $795 to $820.
Vacation Leave
Effective January 1, 2010, an additional 8 hours of vacation leave for employees
with 30 years or more of service to the City.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City has met and negotiated in good faith with the Union and its
representatives and is bound under the Public Employer's Labor
- Relations Act to meet and bargain over the terms and conditions of
employment.
• The proposed settlement for the health, dental and life insurance
provisions is identical to those provided to non-union City employees.
The City has a long history of providing the same level of insurance
benefits to all eligible City employees. These provisions are also
identical to settlements reached with LELS 123 and Local 49.
• The zero percent wage increase represents the same zero percent
wage adjustment implemented for non-union City employees. The
Union has agreed to a zero percent wage increase as long as the
other bargaining groups within the City also adopt the same wage.
terms. This is one of-three contract settlements before-the Council on
April 13, 2010. Only Fire and 911 Dispatcher bargaining units remain
un-settled for 2010.
• The zero percent wage adjustment and health insurance increase is
comparable to other bargaining groups in similar metro cities. A
survey of Stanton 5 cities indicates that those cities are not providing
wage increases for 2010 or they are re-opening previously settled
contracts to renegotiate wage terms. The City has a long history of
trying to remain as close to the mid-range as possible for Stanton 5
cities, in terms of .wages and benefits.
B. CRITICAL TIMING ISSUES
• In order to allow the City's accounting personnel to modify payroll
records in a timely manner for 2010 wages and benefits, it is
recommended that the City Council act on April 13, 2010 to adopt the
attached resolution providing for contract changes, 'effective .January
1, 2010.
C. FINANCIAL
• No general wage increase for contract year 2010.
• A maximum $75 increase in Employer monthly contribution towards
health insurance coverage for 2010.
• $3 per month increase in Employer monthly contribution towards
employee single dental insurance in 2010.
• An increase in the Employer-provided basic life and accidental death
and dismemberment insurance policy from $25,000 to $35,000. The
City has not increased the value of this policy in over ten years. As a
member of the Local Government Information Systems group
(LOGIS), the City joined the switch in life insurance providers to The
Hartford, effective January.1, 2010. The Hartford's lower rates allow
the City to increase Employer-provided life insurance benefits at no
additional cost.
• A $25 increase to the clothing allowance for 2010.
• An additional 8 hours of vacation leave for employees with 30 years or
more of service. With the current personnel in this Union, it would be
at least 5-6 years before anyone is eligible for this benefit.
D. LEGAL
• If the terms of this agreement are not approved, further negotiation
and/or mediation will be necessary.
E. ENVIRONMENTAL CONSIDERATIONS
• NA
ALTERNATIVE KECOMMENDATION(S) ~
• Do not approve the terms of this agreement and prepare for further
negotiation and/or mediation.
• Defer discussion to another date.
I V . ATTACHMENTS I
~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~
• none
RESOLUTION NO.
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND
LAW ENFORCEMENT LABOR SERVICES (EELS), LOCAL 162
BARGAINING UNIT FOR THE YEAR 2010
WHEREAS, the City Manager and the Richfield Police Supervisors EELS Local 162
have reached an understanding concerning conditions of employment for year 2010; and
WHEREAS, it would be inappropriate to penalize EELS Local 162 members who
have negotiated in good faith; and
WHEREAS, the City Ordinance requires that contracts between the City and the
exclusive representative of the employees in an appropriate bargaining unit shall be
completed by Council resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve
the Labor Agreement between the City of Richfield and EELS Local 162 Bargaining Unit for
year 2010, under the provisions of the Labor Agreement to be implemented, effective
January 1, 2010 and authorize the City Manager to execute the contract.
2010.
Adopted by the City Council of the City of Richfield, Minnesota this 13th day of April
Debbie Goettel,Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION: Resolution
AGENDA ITEM # 13
REPORT # 66
STAFF REPORT
CITY COUNCIL MEETING
APRIL 13, 2010
REPORT PREPARED BY:
DEPARTMENT DIRECTOR
REVIEW
REVIEWED BY CITY
MANAGER:
N,~us, TITLE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution approving the contract with Police Officers and Detectives LELS
Local 123 for the contract period January 1, 2010 through December 31, 2010.
I. RECOMMENDED ACTION:
By Motion: Adopt the resolution approving the provisions of the 2010
labor agreement with the Police Officers and Detectives LELS 123
bargaining unit and authorize the City Manager to execute the
agreement.
II. BACKGROUND
City staff has completed labor negotiations with the Police Officers and Detectives
LELS 123 (Union). The provisions of the 2010 labor agreement cover all the
employees in this Union. There are thirty-two employees represented in this
bargaining unit.
During the course of negotiations, City staff made the Union aware of the severe
financial constraints the City is facing in 2010 and beyond, and sought a zero
percent wage increase for the entire contract year, to which the Union has agreed.
The City did not provide a wage adjustment for General Services and Management
employees for 2010 and has sought the same for the other bargaining units.
PAM DMYTRENKO,
ASSISTANT TO THE CITY MANAGER
0413Local49
The tentatively approved settlement includes the following significant changes:
Wages
A zero percent wage increase for contract year 2010 (eligible employees will still
receive a step increase).
Effective January 1, 2010, compensation for the special assignment of Juvenile
Investigator/School Liaison Officer will increase from $225 per month to
$250/month. There are currently 3 police officers in this special assignment.
Effective July 1, 2010, the rate of pay for officers acting as Field Training Officers
(PTO's) will increase from $1.75 per hour to $2.25 per hour. Officers only serve in a
FTO capacity when new police officers are hired.
Health Insurance
A $75 increase to the Employer health insurance contribution which provides full
coverage at the High Option plan for single Employee at $666.76 per month, $855
per month for Employee plus spouse. or Employee plus child(ren) coverage and
$905 per month for Employee plus family coverage. For Employees who select the
single tier $2500 High Deductible Health Plan option, the Employer will contribute a
maximum of $227 per month into the Employee's Health Savings Plan.
A $3 increase to the Employer contribution for Employee single dental insurance
coverage, from $34 per month to $37 per month.
An increase to the Employer-provided basic term life and accidental death and
dismemberment insurance policy from $25,000 to $35,000.
III. BASIS OF RECOMMENDATION
A. POLIO'
• The City has met and negotiated in good faith with the Union and its
representatives and is bound under the Public Employer's-Labor
Relations Act to meet and bargain over the terms and conditions of
employment.
• The proposed settlement for the health, dental and life insurance
provisions is identical to those provided to non-union City employees.
The City has a long history of providing the same level of insurance
benefits to all eligible City employees.
• .The zero percent wage increase represents the same zero percent
wage adjustment implemented for non-union City employees. The
Union has agreed to a zero percent wage increase as long as the
other bargaining groups within the City also adopt the same wage
terms. This is one of three contract settlements before the Council on
_ April 13, 2010. Only Fire and 911 Dispatcher bargaining units remain
unsettled for 2010.
• The zero percent wage adjustment and health insurance increase is
comparable to other bargaining groups in similar metro cities. A
survey of Stanton 5 cities indicates that those cities are not providing
wage increases for 2010 or they are re-opening previously settled
contracts to renegotiate wage terms. The City has a long history of
trying to remain as close to the mid-range as possible for Stanton 5
cities, in terms of wages and benefits.
B. CRITICAL TIMING ISSUES
• ~ In order to allow the City's accounting personnel to modify payroll
records in a timely. manner for 2010 wages and benefits, it is
recommended that the City Council act on April 13, 2010 to adopt the
attached resolution providing for contract changes, effective January
1, 2010.
C. FINANCIAL
• No general wage increase for contract year 2010.
• A maximum $75 increase in Employer monthly contribution towards
health insurance coverage for 2010.
• $3 per month increase in Employer monthly contribution towards
employee single dental insurance in 2010.
• An increase in the Employer-provided basic life and accidental death
and dismemberment insurance policy from $25,000 to $35,000. The
City has not increased the value of this policy in over ten years. As a
member of the Local Government Information Systems group
(LOGIS), the City joined the switch in life insurance providers to The
Hartford, effective January 1, 2010. The Hartford's lower rates allow
the City to increase Employer-provided life insurance benefits at no
additional cost.
• A $25 per month increase in compensation for officers assigned as
Juvenile Investigator/School Liaison officer. A portion of the salary
and benefit pay for these officers is provided by the school districts in
which they work (Richfield School .District 280 and Intermediate
District 287) through State grant funding.
• A $ .05 per hour increase to Field Training Officer pay rate. OfFcers
receive this additional $2.25/hour pay for hours worked as an FTO.
D. LEGAL
• If the terms of this agreement are not approved, further negotiation
and/or mediation will be necessary.
E. ENVIRONMENTAL CONSIDERATIONS
• NA
ALTERNATIVE RECOMMENDATION(S~
• Do not approve the terms of this agreement and prepare for further
negotiation and/or mediation.
• Defer discussion to another date.
I V . ATTACHMENTS I
n
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None '
~~s
RESOLUTION NO.
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND
LAW ENFORCEMENT LABOR SERVICES (EELS), LOCAL 123
BARGAINING UNIT FOR THE YEAR 2010
WHEREAS, the City Manager and the Richfield Police Officers and Detectives
LELS Local 1.23 have reached an understanding concerning conditions of employment for
year 2010; and
WHEREAS, it would be inappropriate to penalize EELS Local 123 members who
have negotiated in good faith; and
WHEREAS, the City Ordinance requires that contracts between the City and the
exclusive representative of the employees in an appropriate bargaining unit shall be
completed by Council resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve
the Labor Agreement between the City of Richfield and EELS Local 123 Bargaining Unit for
year 2010, under the provisions of the Labor Agreement to be implemented, effective
January 1, 2010 and authorize the City Manager to execute the contract.
Adopted by the City Council of the City of Richfield, Minnesota this 13th day of April
2010.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION: pthe llGl n R$
AGENDA ITEM # 14
REPORT # ti 7
J
STAFF REPORT
CITY COUNCIL MEETING
APRIL 13, 2010
REPORT PREPARED BY:
REVIEWED BY CITY
MANAGER:
S'~VE DEVICH, CITY MANAGER
NAME,
ITEM FOR COUNCIL CONSIDERATION:
Decide whether to invest in the capital infrastructure of the City's 911 Dispatch Center, at a
cost of an additional $240,000, in order to relocate the dispatch center in the new Richfield
Municipal Center or to pursue another option.
RECOMMENDED ACTION:
By Motion:
1. Invest in 911 dispatch capital infrastructure at a cost of $240,000 in
order to provide local dispatching from the new Richfield Municipal
Center; and
2. Accept the Access Flooring bid (contract #32) from Architectural
Sales of MN, Inc. in the amount of $12,767; and
3. Authorize the City Manager to execute dispatch/911 related
contracts with Qwest, Motorola and Hennepin County.
II. BACKGROUND
At its February 23, 2010 meeting, the City Council was provided with a number of
options to consider for scope and cost reduction in order to bring the Richfield
Municipal Center within budget.
One of the items identified as an additional project cost was to fully fund all Dispatch
Center equipment upgrades. These upgrades are critical to the successful
installation of a new Dispatch Center and were not included in the original project
budget because they were not anticipated at the time the budget was created. The
project budget allocated $210,000 for the installation and moving costs associated
with a new dispatch center. However, the equipment upgrades, considered
0413Dispatch decision
essential to relocating this service, adds approximately $240,000 to this item for a
total cost in the range of $450,000 - $475,000 for a new Dispatch Center.
Given the unanticipated $240,000 necessary to fully fund dispatch, as well as
ongoing annual operational costs of approximately $700,000, a possible scope and
cost reduction option for Council consideration is to have Richfield dispatching done
by another entity, such as Hennepin County, saving the project $450,000 as well as
future operating costs of approximately $700,000 annually and an additional
technology upgrade five years hence of another $200,000 - $350,000. As was
explained on February 23, if the dispatch center was not included in the new
Municipal Center, the $210,000 originally allocated in the project budget could be
unallocated and used to pay Richfield's initial capital costs into the Hennepin
County Dispatch Center.
However, at present, the Hennepin County Board of Commissioners has not
determined whether it will allow more cities to join the County Dispatching Center
and what costs would be associated with such a move, both initially as well as
annually. In fact, it is now likely that it will take several months of study by
Hennepin County to assess the direction they will take with respect to dispatching
for other municipalities within Hennepin County. Therefore, at the present time,
Hennepin County is not a certain option.
Moreover, while there may be other dispatching service models that could be used
in the future, the City must make a decision today. Having the capital infrastructure
for the 911/dispatching center in the new City Municipal Center will assure that the
City can count on the current local dispatching service for the immediate future
while the City may investigate other dispatching service models for the long-term
future. Such options might include Hennepin County, the City of Minneapolis or a
joint powers agreement among a number of independent metro cities that could
share staffing resources through options such as "virtual dispatching". If the City
later decided to contract for dispatching and eliminate local dispatching, the
monopole could be used as leased antennae space for cell phone providers, which
would bring in an annual lease payment of roughly $25,000 per provider. In that
situation, two providers could easily co-locate on the pole, perhaps even a third.
The City's construction manager, Stahl Construction, has indicated that a final
decision to invest in the capital infrastructure of the City's dispatch center is required
on April 13, 2010 so that construction can continue on schedule. Structural work
necessitates a definitive answer. Additionally, the bid award (contract #32) for
access flooring, which was set aside at the February 23, 2010 City Council meeting,
must be considered and acted upon.
If the City Council wants to continue to provide local dispatching services, at least
into the near future, the gap of $240,000 must be addressed in order to relocate the
911 communications center and tower to the new facility. Additionally, the annual
operating cost of $720,000 will have to be levied in property taxes as has been
done in the past.
Other contracts that need to be approved to implement the capital infrastructure
needed for the 911/dispatch portion of the new City Municipal Center include
Motorola Inc., Qwest 911 Communications, and Hennepin County.
The project budget for the new Richfield Municipal Center allocated $210,000 for
the costs associated with relocating the City's 911 Dispatch Center and tower to the
new facility. However, at the time the project budget was developed and
subsequently approved by the City Council, it was not anticipated that an additional
$240,000 would be required for necessary system upgrades. The system upgrades
are the addition of one (1) new dispatch console and a Positron Viper/Power 911
upgrade for the existing 911 lines coming into the Communications Center along
with a new mono pole tower to house the micro wave dish connection to Hennepin
County and the Sprint equipment.
III. BASIS OF RECOMMENDATION
A. POLICY
• Per City ordinance, the ad for bids was published in the Sun Current
on November 19, 2009 and November 26, 2009 and bid openings
were held on December 22, 2009.
• The recommended contractor is the lowest responsible bidder and is
an established contractor that meets all of the City's requirements.
B. CxITICAL TIMING IssUEs
• The Council must accept or reject bids in a timely manner. The
Access Flooring bid was submitted on December 22, 2009 and the
award was deferred at the February 23, 2010 City Council meeting. If
not acted upon on April 13, it is possible that the contractor might
exercise the option to retract their bid and a re-bid would be required.
• Approval of the recommended contract is critical to allow the
contractor time to schedule work to meet our project timeline.
• A decision on locating the Dispatch Center in the new facility is critical
at this juncture because of shop drawing and structural work that
needs to occur to accommodate the dispatch center. Any further
delay in the decision will likely delay the entire project.
• As of this time, Hennepin County cannot provide the City with any
certain information regarding dispatching services or costs.
• The immediate execution of the Motorola, Qwest and Hennepin
County contracts is necessary in order not to delay the project.
C. FINANCIAL
• The award of the Access Flooring contract on April 13, 2010, valued at
$12,767, brings the total contract awards to $18,045,882.
• A contract with Qwest in the amount of $153,376.61 must be
approved for Positron Viper/911 trunk lines, moving to the new
building, 3 work station positions, and installation of primary and back
room server, along with additional equipment.
• A contract with Motorola in the amount of 330,000 must be approved
for Dispatch Console expansion, moving to the new facility and mono
pole construction.
• A contract with Hennepin County in the amount of $14,500 must be
approved to remove and re-install the microwave dish and link,
relocate microwave racks and realign microwave.
• Funds to pay for the additional $240,000 needed for the dispatch
capital facility could be paid for by adjusting Liquor Operations
contributions for the 2010 and 2011 Capital Budgets. This can be
done without delaying other capital projects.
D. LEGAL
• All legal requirements for the bidding associated with this component
of the project have been met.
E. ENVIRONMENTAL CONSIDERATIONS
• Environmental considerations have been made in all aspects of
project planning.
IV. ALTERNATIVE RECOMMENDATION~S~
• Forego the dispatch capital infrastructure investment and direct staff to
immediately begin negotiating with another political entity for contracted
dispatching services.
V. ATTACHMENTS
• Letter from Dale Sonnichsen, Project Manager, Stahl Construction Co., dated
February 23, 2010.
• Excerpt from bid tabulation from Stahl Construction Co.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
__ _ __ _..
I~~~
~TAH~ ~ _ .
-the PEOPLE. the PROJECTS. the PROMISE.
STAHL CONSTRUCTION COMPANY ~ ~.
1
February 23, 2010
Mr. Steve Devich
- City Manager
City of Richfield -
6700 Portland Avenue
Richfield, MN 55423
RE: -Bid Award Recommendations
New City~Hall ~ Fire /Police Project
Dear Mr.. Devich:
After receiving bids on December 22, 2009 and re-bids on February ] b, 2010, and after interviewing the
apparent tow bid contractors below, we recommend acceptance and award for the following contracts at
the next City Council meeting:
Contract 02 -Asphalt Paving _
T. A. Schifsky & Sons, Inc. $ 204,000
2370 East Highway 36 _
North 5t. Paul, MN 55109
Contract 03 -Site Concrete
Noth Country Concrete, lnc. $ 255,500_
7040 143~a Avenue NW
Ramsey, MN 55303
Carrtract 05 -Tennis Courts
C &.H Sports Surfaces, Ina - $ 9,654
2312 Seurer Street
New Market, MN 55054 -
Contract 06 -Chain Link Fence
Mid-Metro Construction of Fridley Inc.. $ 32,000
18114 Greenbrook Drive NE
:'Wyoming, MN 55092
Contract 07 -Landscaping and Site Funnishings
Greenscape Co., Inc. $ 194,400
11684 219' Avenue NW
Elk River, MN 55330
Contract 32 -Access Flooring
Architectural. Sales of MN, Inc. $ 12,767
,4550 Quebec Avenue North
Minneapolis, MN 55428
wwwstahlconstruction.com
5755 Wayzata Blvd. St. Louis Parl<, MN 55416 952-931-9340 ° fax 952-931-9941
An affirmative action, equal opportunity employer
./
i
- - ~ - ~ - ~
Contract 35 -Visual Display Boards and Display Cases
W. E. Neal Slate Co. $ 55,465
2840 Highway 25
Watertown, MN 55388 - ~ ~1
Contracts 36 -Fitness Lockers I
J. S. Cates Construction Co. lnc. $ 5,000
2400 Cates Ranch Drive
Hamel, /u1N 55340
i'
Contract 39 - Signage
Designer Sign Systems $ 5,206
9975 Flanders Caurt NE
.Blaine, MN 55449
.-
Contract 46 - HVAC and Controls
Thelen Heating & Roofing, Inc. $3,004,000
i 717 13~ St. S.E.
Brainerd, MN 56401
Contract 47 -Electrical -
Vinco, Inc. $2.165,300.
P.O. Box 907
Forest Lake, MN 55025
The total of the above contracts is: ~ $5,943,292
This recommendation includes the six contracts remaining from the December 22, 2009 bid opening, as
well as the five contracts opened an February 1 b, 2010. With this recommendation, all construction
contracts will have been awarded. The total of all of the recommended contracts is $18,045,882 including
recommended alternates. ~
I do not recommend acceptance of Alternate #2 -Vertical Fins (Add $34,050}, Alternate #3 -Landscape
Upgrades (Add $92,100); Alternate #4 -Humidification (Add $48,725) or Alternate #6 -Sound
Masking (Add $54,000) at this time, based solely on budgetary considerations. If desired, and as has
been previously discussed, all of these alternates could be added in the future.'
Upon receipt of your authorization, I will prepare contracts and get insurance certificates from the above
contractors.
Sincerely, ~
Stahl Cons ion Company
Dale Sonnichsen ~ - -
Project Manager
~.
SUMMARY a/BIDS RECEIVED
City or Richfied. Rolke 51a4on, Fire Sptlon an4 ciy Hai
epS RECENEp ON DecemEer 22.2oe9
CONTRACT # DESCRIPTION BOND ADDENDA BASE BID APPARENT LOW
Y/N
AK1 Ak5 AWARD#1 AWARD #2 AWARD#3
27 DRYWALL/PLASTER -
O m is Wa1S stems Y 1-5 $820
925
Fried es D wal Y 1-5 ,
$1
040
551
Im erial Wall Y 1-5 ,
,
$962
000
W. Zintl Y 1-5 ,
$1
166
820
Minuti-O k
R Y 1-8 ,
,
$843,940
TL Corstruc8on Y 1S $744
469 $
28 TILE ,
744,489
Grazzini Bros Co
CD Til
& St Y 1-6 $374,800
e
one Y 1-5 $328
200
Advance Terrazzo 8 Tile Y 1-5 ,
$369
960
Dale Tile Co. Y 1-5 .
5329,900
29 TERRAZZO
Grazzini Bros Co Y 1 5
WTG Terrazzo
Advance Terrazzo Y 1-5
Hawke e Floori Y
Y 1-5
1-5
Tenn Ci Tile & Marble Y 1-5
28 8 29 Combined Tib /Terrazzo
Grazzini Bros Co Y 15 $392,500
30 ACOUSTICAL CEILINGS 8. war I o
TCA
Kirk Acoustics Y 1-5 $211,780
So
I
t
i Y 1 5 $214980
nus
er
n
ors Y 1-5 $189
400
Acoustics Associates Y 1-5 ,
$240
000
Architectural Sales of MN Y 1-5 ,
$239,335
32 ACCESS FLOORING -----"-"~ "~~ --
W.L. Hall Y 1 5 $15 015
o, n t
- - Y 1 5 $12 767 $
12 767
$ 119,500
$ 134,585
$ 108,000
$ 138,592
$ 114,970
37 RESINOUS FLOORING ~ - - -----
FbrDekCoaB LLC
Y 1-5 $44,300 $ 44;500
TMI Coati Y 1-5 $69,900
Grazzi ri Brothers Co Y 1-5 $51 640
Twin Ci Tile 8 Marble Y 1-5 $54,160
34 PAINTING 8 WAI I Cnvcwrur
Wasche Commercial Finishes Y 1-5 $198
270
Prism
Rainmaker Paint Y 1-5 ,
$181.335
6t
i
b
h V 1-5 $244,000
e
n
rec
er PairAi Inc.
SlYdnson&You dale Y
Y 1-5
1-5 $178,400
$179,880
31 CARPET d RESILIENT FI
Sonus Interior
MC Y 1-5 $230,650
I, Inc.
Master Fbors, LLC
St. Paul Linoleum Y
Y
Y 1.6
1-5
i-5 $224,990
$258965
$267,766
35 VRUAL DISPLAY BOARDS b DISPLAY CASES -REBID ON 1116/10
W.E. Neal Slate Com an Y 1-7 $55,465 $ 55,465
36 FRNESS IOCKERC
JF E ui ment
HaldemarFHomme
JS Cates Colstruction
Mid-America Business S stems Y
Y
Y
Y i-5
1-5
1-5
1-5 $6,900
$7671
$5,000
58.947
$ 5,000
37 LOCKERS
JL E u meM Y 1-5 $105 200
Mid Amenca Business Systems N ne
$113 712 _
uu..,~
$94 609 $ g4
g>
38 gp
$ 94.609
OPERABLE SHELVING
Mid
A
-
merica Business Y 1-5 $21,772 $ 21 TE3-'
Tab Products Y 1-5 $32
716 $ 21
772
.
,
HakfemarvHomme Y 1-5 $28,969
Preparetl Cy spry COmtructlon CamwM
$ (93 800)
$ 328,200 $ (90,630)
$ (102.790)
5 (89.000)
$ 12,767
$ 55,465
$ 5,000
~anery 7, 2010
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
April 8, 2010
Council Memorandum No. 48
The Honorable Mayor
and
Members of the City Council
Subject: Gas Line Inspection at 66th and Portland Roundabout
(Council Agenda Item No. 15 )
Council Members:
Centerpoint Energy has been requiring that Michels Pipeline investigate and repair
faulty welds on certain steel gas mains installed in the past few years, depending on the
weldor.
Unfortunately, one of the weldors in question worked for Michels Pipeline on the 8" steel
gas main relocation that Centerpoint Energy completed for the roundabout project at
66th and Portland. Centerpoint Energy has received a permit from Hennepin County to
investigate these welds. Hennepin County has specifically stipulated on the permit the
following special provision:
"Potholing the pavement will not be allowed since the pavement was placed in
2008. All restoration of the sidewalk and boulevard areas must be coordinated
with the City of Richfield and must match what was placed in conjunction with the
roundabout construction project."
The inspection work includes 45 spot checks around the intersection and is expected to
take three weeks. Work will begin in mid-April.
Re ectfull submitted,
en e
City Ma ager
SLD:cak
Email: Department Directors
Assistant to the City Manager