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102610completeagendaCITY OF RICHFIELD, MINNESOTA TUESDAY, OCTOBER 26, 2010 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) S ecial City Council Meeting of October 12, 2010; (2) Special City Council Worksession ofpOctober 12, 2010; and (3) Regular City Council Meeting of October 12, 2010 COUNCIL DISCUSSION 1. Council discussion • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 2. Council approval of agenda CONSENT CALENDAR 3. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of resolution authorizing Richfield continued participation and implementation of Hennepin County Multi-Jurisdictional All-Hazard Mitigation Plan S.R. No. 191 B. Consideration of approval of resolution authorizing reimbursement for planning and design of proposed Taft Lake Regional Stormwater Improvement Project S.R. No. 192 C. Consideration of approval of contract for purchase of services between City of Richfield and Hennepin County for Sentencing to Service work crews in amount of $42,445 for 2011 and $43,719 for 2012 S.R. No. 193 D. Consideration of approval of Richfield Municipal Center change order report for aggregate net effect of $44,524.13 in items included within budget and reinstate City Manager's authority to approve change orders up to aggregate of $25,000 for non- budgeted items and up to an aggregate of $100,000 for items within project budget S.R. No. 194 Notes: 4. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARING 5. Public hearing regarding resolution approving assessment roll for 2010 Concrete Alley Paving Project Staff Report No. 195 Notes: OTHER BUSINESS 6. Consideration of award of contracts for interior window treatments, furniture and work stations for new Richfield Municipal Center Staff Report No. 196 Notes: CITY MANAGER'S REPORT 7. City Manager's report Notes: 8. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: 9. 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. richfield: October 2010 Page 1 of 1 t fie le Calendars Net Navigate: 2x09 J..an Feb Mar A.pr May Jun Ju! Aug Sep Oct Nay Dec 2011 October 2010 ~~~-n~~~ ~~e~d~~ ~~~~~~~~~- ~~~~~- r>~ti~ 27 Sep 2~ 29 j() 1 t)et 7 PM Planning 7 PM Regular City 7 PM Special Friendship Commission Council Meeting City Commission CANCELED Meeting @ Richfield Community Center, 7000 Nicollet Avenue ~ 5 fi 7 5:30 PM Special City 7 PM Human Rights 7 PM Transportation 7 PM Arts Commission Council Worksession Commission Commission @ Community Center 11 2 13 14 1~? 7 PM Special Planning 8 AM Civil Service 7:00 PM Bike Task Commission Study Commission Meeting Force @ Maintenance Session Facility Lunchroom 5:30 PM Special City Council Meeting (commission interviews) in Executive Conference Room 6 PM Special City Council Worksession 7 PM Regular City Council Meeting 1£~ 19 20 21 2? 6 PM Advisory Board of 5:30 PM Hearing 6:30-7:30 PM Bicycle 4:30 PM-FOWL Board Health Examiner in Heredia Master Plan public input Meeting @ WLNC Room meeting @ Richfield 7 PM HRA Meeting Community Center, 7 PM Friendship City CANCELED - 7 PM 7000 Nicollet Ave. Commission Community Services (rescehduled to Oct. 28) Commission @ Community Center 25 26 '7 28 ?c~ 7 PM Planning 7 PM Regular City 7 PM Friendship City SATURDAY, OCT. 30 Commission Council Meeting Commission 9:30-10:30 AM Mayor's Hour @ Farmers Market Display: Year Month Week Day Block List Condensed Abs Slide Calendars: Search Add Events. Daily D..u..ration Perinclic Adrninister: This Calen.d..ar All meetings held at City Hall (6700 Portland Avenue) unless indicated otherwise Calendars Net free online interactive web calendars http://www.my.calendars.net/richfield 10/21/2010 J CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Meeting Advisory Board/Commission Applicant Interview October 12, 2010 CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:36 p.m. in the City Hall Executive Conference Room. ROLL CALL MEMBERS PRESENT: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom Fitzhenry. INTERVIEW OF APPLICANTS The City Council conducted interviews of the following applicants for appointment to City Advisory Boards and Commissions: Molly Olson Nancy Roberts ADJOURNMENT The meeting was adjourned by unanimous consent at 5:51 p.m. Date Approved: Cheryl Krumholz Recording Secretary Debbie Goettel Mayor Steven L. Devich City Manager CITY COUNCIL MINUTES ~ Richfield, Minnesota Special City Council Worksession October 12, 2010 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:00 p.m. ROLL CALL Council 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; Robert Hintgen, Utilities Superintendent; Kristin Asher Osberg, City Engineer; Chris Regis, Finance Manager; and Cheryl Krumholz, Recording Secretary. Item #1 DISCUSSION REGARDING 2011 UTILITIES BUDGET (COUNCIL MEMO NO. 153) Public Works Director Eastling, City Engineer Asher Osberg and Finance Manager Regis made a PowerPoint presentation (City Clerks File No. 456) regarding the 2011 utilities budget. City Manager Devich stated he had concerns regarding the cash balance and the impact on the City's bond rating. The City Council requested they be provided water usage information. City Manager Devich concluded that staff would return to the City Council with recommendations on utility rates and capital investments needing to be completed. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:50 p.m. Date Approved: Debbie Goettel Mayor Cheryl Krumholz Recording Secretary Steven L. Devich City Manager CITY COUNCIL MEETING MINUTES ~ Richfield, Minnesota Regular Meeting October 12, 2010 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; Tom Fitzhenry; and Pat Elliott. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Barry Fritz, Public Safety Director; Jim Topitzhofer, Recreation Services Director; John Stark, Community Development Director; Brad Sveum, Fire Services Director; William Fillmore, Municipal Liquor Operations Director; Chris Regis, Finance Manager; Mary Tietjen, City Attorney; and Cheryl Krumholz, Recording Secretary. OPEN FORUM None. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl, S/Wroge to approve the minutes of the Regular City Council Meeting of September 28 2010 and~2) Special City Council Worksession of October 4, 2010. Motion carried 5-0. Item #1 PRESENTATION BY RICHFIELD FIRE SERVICES DEPARTMENT OF CITIZEN LIFE SAVER AWARDS AND FIREFIGHTER CREW MERITORIOUS AWARD The Richfield C-Shift Firefighters that received Meritorious Service Pins were: Council Meeting Minutes -2- Capt. Dana George Lt. Dale Perrault FF Steve Paszkiewicz FF Allen Murphy FF Mark Watczak FF Sherri Kaczmarczyk The Citizen "Life Saver Award" recipients were: Don Machacek Jim Thomas Steve Agliano Jason Weismann October 12, 2010 Item #2 ANNUAL MEETING WITH FRIENDSHIP CITY COMMISSION Roger Swanson, Friendship City Commission Chair, reported on the commission's accomplishments and activities. Item #3 ANNUAL MEETING WITH PLANNING COMMISSION Rick Jabs, Planning Commission Chair, reported on the commission's accomplishments and activities. Item #4 PRESENTATION OF WATER FLUORIDATION QUALITY AWARD TO ROBERT HINTGEN, CITY OF RICHFIELD UTILITIES SUPERINTENDENT Mayor Goettel presented the Water Fluoridation Quality Award to Robert Hintgen, City of Richfield Utilities Superintendent. Item #5 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Elliot acknowledged the positive comments he received during a casual conversation with the League of MN Cities legal representatives regarding City staff. House. Council Member Sandahl announced the October 20, 2010 Bicycle Task Force Open Council Member Sandahl requested the City Council and Housing and Redevelopment Authority be provided an update regarding the legal changes on variances. Council Member Fitzhenry acknowledged Richfield residents for cleaning up the leaves in their yard. Public Works Director Eastling provided an update regarding the 75th Street/Penn Avenue construction project. City Manager Devich discussed the MAC's proposed billboard installation along Cedar Avenue. Bruce Rineer, MAC representative, explained there is a MAC policy and permit process. He will bring Richfield's concerns back to MAC. Council Meeting Minutes -3- October 12, 2010 The City Council requested City staff send MAC the dynamic sign/vehicle accident data study they had recently discussed. Item #6 COUNCIL APPROVAL OF AGENDA Mayor Goettel moved Consent Calendar from Item 7A to Item 8 for separate consideration. M/Wroge, S/Fitzhenry to approve the agenda, as amended. Motion carried 5-0. Item #7 CONSENT CALENDAR A. Moved to Item 8. - B. Consideration of approval of resolution authorizing agreement between Minnesota Department of Public Safety and City of Richfield, Public Safety Department, pertaining to Safe and Sober Enforcement Program S.R. No. 184 RESOLUTION NO. 10428 RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF RICHFIELD/POLICE AND THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY TO APPROVE GRANT FUNDS TO BE SHARED BY RICHFIELD POLICE, EDINA POLICE AND THE AIRPORT POLICE DEPARTMENT AS PART OF THE SAFE & SOBER COMMUNITITES PROGRAM This resolution appears as Resolution No. 10428. C. Consideration of approval of reappointing Malloy, Montague, Karnowski, Radosevich & Co., P.A. (MMKR) as City's auditor for financial reporting fiscal years 2010-2012 S.R. No. 185 D. Consideration of approval of closing Community Center Contribution Fund and transferring assets to Recreation Contribution Fund S.R. No. 186 M/Wroge, S/Fitzhenry to approve the Consent Calendar, as amended. Motion carried 5-0. Item #8 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR A. Consideration of approval of resolution amending Appendix D of Richfield City Code related to fees for housing inspection and rental licensing S.R. No. 183 Council Member Wroge presented Staff Report No. 183. He said due to feedback he received from realtors, he requested the point of sale re-inspection schedule be extended from 1 year to 2 years for homes that have been on the market but have not sold. Community Development Director Stark explained the reasons for the re-inspection and fee, including seasonal issues, follow up compliance checks and staff time. The City Council consensus was to review the options related to the point-of-sale re- inspection process in the future. M/Wroge, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION N0.10427 Council Meeting Minutes -4- October 12, 2010 RESOLUTION ESTABLISHING 2011 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 10290 Motion carried 5-0. This resolution appears as Resolution No. 10427. Item #9 PUBLIC HEARING REGARDING RESOLUTION ADOPTING ASSESSMENT FOR WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE PROPERTY. STAFF REPORT NO. 187 Council Member Wroge presented Staff Report No. 187. Mike Salvatore, tenant and future owner of 7300 Upton Avenue, objected to the assessment because he said he was never notified, over charged and unfair. Russ Rooney, Rogers, MN, and owner of 7300 Upton Avenue, encouraged the City Council to review the notification process to consider sending another invoice or making another telephone call on an assessment. Godfrey Edaferierhi, 6711 14`h Avenue, objected to the assessment because the problem had been handled. M/Wroge, S/Sandahl to close thepublic hearing. Motion carried 5-0. City Attorney Teitjen explained the City is required to notify the legal owner of the property. Community Development Director Stark stated the property maintenance notification of non- compliance has been streamlined as requested by the City Council. M/Wroge, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION N0.10429 RESOLUTION ADOPTING ASSESSMENT FOR WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE PROPERTY Motion carried 5-0. This resolution appears as Resolution No. 1042. City Attorney Tietjen explained the appeal process. Item #10 PUBLIC HEARING REGARDING RESOLUTION ADOPTING ASSESSMENT FOR UNPAID FALSE ALARM USER FEES AGAINST PRIVATE PROPERTY. STAFF REPORT NO. 188 Council Member Fitzhenry presented Staff Report No. 188. M/Wroge, S/Sandahl to close the public hearing. Motion carried 5-0. M/Fitzhenry, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: Council Meeting Minutes -5- October 12, 2010 RESOLUTION NO. 10430 RESOLUTION ADOPTING ASSESSMENT FOR UNPAID FALSE ALARM FEES FROM PRIVATE PROPERTY Motion carried 5-0. This resolution appears as Resolution No. 10430. Item #11 PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDING RICHFIELD CITY CODE APPENDIX D INCREASING APPLICATION FEE FOR VARIANCES AND VARIANCE APPEALS AND RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE. STAFF REPORT NO. 189 Council Member Sandahl presented Staff Report No. 189. M/V1/roge, S/Sandahl to close the public hearing. Motion carried 5-0. M/Sandahl, S/Goettel that this constitute second reading of Ordinance No. 2010-21 amending Richfield City Code Appendix D increasing application fee for variances and variance appeals and that it be published in the official newspaper and be made part of these minutes; and that the following resolution be adopted and be made Dart of these minutes: RESOLUTION N0.10431 RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2010-21 Motion carried 5-0. This resolution appears as Resolution No. 10431. Item #12 CONSIDERATION OF APPOINTMENTS TO FILL VACANT TERMS ON CITY'S ADVISORY COMMISSIONS. STAFF REPORT NO. 189 Mayor Goettel presented Staff Report No. 189 on the City's Advisory Commissions. M/Goettel, S/Elliott to appoint Mol r Roberts to the Human Rig Motion carried 5-0. Item #13 CITY MANAGER'S REPORT • Council direction for winter maintenance of multi-use path (Council Memo No. 156) Public Works Director Eastling discussed the winter maintenance of the blacktop path adjacent to 75th Street, Humboldt Avenue and Diagonal Boulevard. The path along 75t Street and Humboldt Avenue will become the property of the Three Rivers Park District upon the completion of the project and execution of anon-exclusive, permanent easement across the right-of-way. Three Rivers Park District paths are not plowed by District staff in the winter. City staff is proposing to plow the new paths starting this winter at the same priority as other neighborhood sidewalks, that is, after sidewalks on arterial and collector streets are plowed. The additional plowing would add less than 2 hours of labor and equipment for each snow event. The City Council consensus was to plow the path for 1 year and notify neighbors along the path and invite their feedback. Council Meeting Minutes -6- October 12, 2010 Item #14 CLAIMS AND PAYROLLS M/Wroge, S/Sandahl that the following claims and payrolls be approved: U.S. BANK 10/12/2010 A/P Checks: 198042-198420 31013-31015 $ 969,660.27 PAYROLL 69628-70261, 41559 $ 538,369.92 TOTAL $ 1,508,030.19 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:35 p.m. Date Approved: Debbie Goettel Mayor Cheryl Krumholz Recording Secretary Steven L. Devich City Manager AGENDA SECTION: Consent AGENDA ITEM # 3A _ REPORT # 191 r STAFF REPORT CITE COUNCIL MEETING OCTOBER 26, 2010 REPORT PREPARED BY: JAY HENTHORNE, POLICE LIEUTENANT NAMC, TII'Lli DEPARTMENT DIRECTOR ~ ' REVIEW: -__ - - Si Tuns REVIEWED BY CITY '- - ' , ~~ _ __ _:~-, ~l` MANAGER: -~ ,~~~~ f,. ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution allowing the City of Richfield to continue participation in the development and implementation of the Hennepin County All-hazard mitigation plan. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution allowing Richfield to continue participation and implementation of the Hennepin County Multi-Jurisdictional All-Hazard Mitigation Plan. II. BACKGROUND The Hennepin County Multi-Jurisdictional All-Hazard Mitigation Plan was jointly developed by the following municipalities: Bloomington, Brooklyn Center, Brooklyn Park, Champlin, Corcoran, Crystal, Dayton, Deephaven, Eden Prairie, Edina, Excelsior, Golden Valley, Greenfield, Greenwood, Hanover, Hopkins, Independence, Long Lake, Loretto, Maple Grove, Maple Plain, Medicine Lake, Medina, Minneapolis, Minnetonka, Minnetonka Beach, Minnetrista, Mound, New Hope, Orono, Osseo, Plymouth, Richfield, Robbinsdale, Rogers, Shorewood, Spring Park, St. Anthony, St. Bonifacius, St. Louis Park, Tonka Bay, Wayzata and Woodland. The Plan is a guide for all communities that have participated in the preparation of the Plan, and the preparation of it fulfills the requirements of the Federal Disaster Mitigation Act (DMA 2000) as administered by the Minnesota Department of 1026 Adoption of the Hennepin County All-Hazard Mitigation Plan Homeland Security and Emergency Management (HSEM) and the Federal Emergency Management Agency (FEMA). Hazard mitigation is any action taken to permanently reduce or eliminate long-term risks to people and their property from the effects of hazards. Natural hazards come in many forms; including, tornadoes, floods, severe storms, drought, earthquakes, winter storms, or dam failures resulting from natural disaster crises. Communities can take steps to prepare and implement mitigation techniques for almost any type of hazard that may threaten its citizens, businesses and institutions. All county and municipalities adopting this plan will be eligible to receive FEMA hazard mitigation assistance grants. III. .BASIS OF RECOMMENDATION A. POLICY • Section 409 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288 as amended), Title 44 CFR, as amended by Section 102 of the Disaster Mitigation Act of 2000, provides the framework for state and local governments to evaluate and mitigate all natural hazards as a condition for receiving Federal disaster assistance. A major requirement of the law is the development of a local natural hazard mitigation plan. • The Hennepin County Multi-Jurisdictional All-Hazards Mitigation Plan has been reviewed by FEMA, has met all the criteria and has been given an "approved pending adoption" status. B. CRITICAL TIMING ISSUES • All municipalities must approve the Plan so that it can go before the Hennepin County Board for approval. C. FINANCIAL • The Minnesota Department of Homeland Security and Emergency Management awarded a $109,985 Pre-Disaster Mitigation Grant to Hennepin County for the preparation of this plan in November 2009. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A TERNATIVE ~ V . ATTACHMENTS ~ • Kesolution. • A copy of the Plan can be viewed in Public Safety. The plan is approximately 200 pages; therefore, copies were not made for attachment. ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ • None. RESOLUTION NO. RESOLUTION ADOPTING THE HENNEPIN COUNTY MULTI-JURISDICTIONAL ALL- HAZARD MITIGATION PLAN WHEREAS, the City of Richfield has participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000; and, WHEREAS, the Act establishes a framework for the development of a multi- jurisdictional County Hazard Mitigation Plan; and WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and WHEREAS, the Hennepin County Plan includes a risk assessment including past hazards, hazards that threaten the County, an estimate of structures at risk, a general description of land uses and development trends; and, WHEREAS, the Hennepin County Plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and, WHEREAS, the Hennepin County Plan includes a maintenance or implementation process including plan updates, integration of the plan into other planning documents and how Hennepin County will maintain public participation and coordination; and WHEREAS, the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management and the Federal Emergency Management Agency for review and comment; and, WHEREAS, the Hennepin County All-Hazard Mitigation Plan will make the county and participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants; and WHEREAS, this is amulti-jurisdictional Plan and cities that participated in the planning process may choose to also adopt the County Plan. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Richfield, Minnesota, supports the hazard mitigation planning effort and wishes to adopt the Hennepin County All-Hazard Mitigation Plan. Adopted by the City Council of the City of Richfield, Minnesota this 26th day of October, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # ~7{ REPORT # ~ n~ STAFF REPORT CITY COUNCIL MEETING OCTOBER 26, 2010 REPORT PREPARED BY: KRISTIN ASHER, CITY ENGINEER r, - - , NAME, TITL& ,._r, DEPARTMENT DIRECTOR , ,' ` j ~' ; -= REVIEW : ~ ~'```-~°~ ~ X ,~i.., .~'~ ,~ ay ~ ,,~ .=~--v--- _. ~, '° ~ E ,f° SIGNATURE REVIEWED BY CITY ~~~~ MANAGER: ~ ~,, ~:.>,> " ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing reimbursement for planning and design of the proposed Taft Lake Regional Stormwater Improvement Project. I. RECOMMENDED ACTION: By Motion: Approve the resolution authorizing City staff to incur costs for planning and design of the proposed Taft Lake Regional Stormwater Imarovement Project. II. BACKGROUND Consistent with City Council direction and the City's Comprehensive Plan, staff is working towards the completion of Taft Lake Regional Stormwater Improvement Project which includes the construction of the Richfield Parkway North Connection. Staff has been coordinating with the Minnehaha Creek Watershed District (MCWD) during the development of the Taft Lake Regional Stormwater Improvement Project and it is anticipated that the MCWD and City will enter into a cooperation agreement in which the City will sell a General Obligation Storm Sewer Utility Revenue Bond to deliver the project and the District will make annual payments to support the debt service on the bond, covering the capital costs. The first step in realizing the Taft Lake project is the construction of the Richfield Parkway North Connection between Bloomington Avenue and Richfield Parkway. This connection must occur prior to the removal of the Taft Lake Frontage Road 102610TaftReimburse which is essential to the water quality improvement portion of the project. Staff anticipates a preliminary design process for the north connection to occur prior to April 2011 so that final design can be completed before the end of 2011 and construction can occur in 2012. The Council can authorize certain expenditures as eligible for reimbursement in anticipation of approval of an issuance of utility revenue bonds. Passage of the attached resolution will enable City staff to begin incurring planning and engineering costs for the development of the project. The resolution allows costs incurred up to 60 days prior to Council approval of the resolution to be reimbursed using the proceeds of a utility revenue bond. III. BASIS OF RECOMMENDATION A. POLICY • The Taft Lake Regional Stormwater Improvement Project is identified in the City's Comprehensive Surface Water Management Plan • The replacement of Cedar Avenue with Richfield Parkway is identified in the City's Comprehensive Plan (Transportation) B. CRITICAL TIMING ISSUES • The reimbursement resolution makes improvement costs eligible for reimbursement from the proceeds of a future Utility Revenue Bond. • The preliminary design of the Richfield Parkway North Connection should be completed prior to April 2011 if a 2012 construction is desired. C. FINANCIAL • It is anticipated that the bond will be sold based on an engineer's estimate after preliminary design for the project has been completed. The capital cost for both the Taft Lake improvements and the Richfield Parkway connection, and associated bond sale, are expected to be less than $3,000,000. D. LEGAL • The City Attorney will be available to answer questions. E. ENVIRONMENTAL CONSIDERATIONS • The Taft Lake Regional Stormwater Improvement Project includes various elements to improve the stormwater quality of Legion Lake and Taft Lake along with habitat enhancement. TERNATIVE The Council may choose not to adopt the resolution at this time and direct staff on how to proceed. ~ V. ATTACHMENTS ~ Reimbursement Resolution Project Graphic VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF RICHFIELD TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150-2 (the "Reimbursement Regulations") providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City of Richfield expects to incur certain expenditures that may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of tax-exempt bonds; WHEREAS, the City has determined to make this declaration of official intent ("Declaration") to reimburse certain costs from proceeds of bonds in accordance with the Reimbursement Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD AS FOLLOWS: 1. The City proposes to undertake street and storm water system improvements known as the Taft Legion Regional Storm Water Improvements (the "Project"). 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Project from the proceeds of bonds in an estimated maximum principal amount of $3,000,000. All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Reimbursement Regulations. 3. This Declaration has been made not later than 60 days after payment of any original expenditure to be sub1'ect to a reimbursement allocation with respect to the proceeds of bonds, except for the following expenditures: (a) costs of issuance of bonds; b costs in an amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or ~c~ "preliminary expenditures" up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that finance or are reasonably expected by the City to finance the project for which the preliminary expenditures were incurred. The term "preliminary expenditures" includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction. 4. This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof. The anticipated original expenditures for the Project and the principal amount of the bonds described in paragraph 2 are consistent with the City's budgetary and financial circumstances. No sources other than proceeds of bonds to be issued by the City are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside pursuant to the City's budget or financial policies to pay such Project expenditures. 5. This Declaration is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. Approved by the City Council of the City of Richfield this 26th day of October, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 1 ^~ d' 1 Stone Sewer Outlet from Lcyion Lake [o Taft Lakc T R 1:,' fi w! ~r ~' ~` Construct Enhanced Sedtmentation ,w~ ~~ e. ~~;i Systems at Outfalls ~ ~ - `1 .~~ -.sue ~ _. ~ • ~.~ ~~ ~ y ~ . _' Outfall to Mlnnehaha Creek `~ " Flocculation Treatment Facility i , ' r ~ f ' ~ - ~ ~i Yf ' -' ~ ~ ~ ~ ~- i +'„ ~~t~,, ,yi ~ ~" • '^~ "~ ~ Pretreatment Arca For ~ ~ Floccuiat~on Treatment System Low Ftow Bypass _ stem ~; ~~' -~ to Pretreatment S ± ., ~ ~ "` y ,1, ~ ~~ r- `.^+" F ~ L 5 ~i:,llJls ~i.)~. (" oa'<:ow Bypass ~ it}oft r. ~kJ ~' 1~ .w4 ~ ~ ) ~ ""' y ~ -e r'....sea:ment S stem It i~ ~ a „ ~ - 0 ~ . ~~ f R ... ~ { ' I" ~ ~` ~ '^ ~ , • tt ) a• ~- ~ - ~ ~ t:~``'~'' fis -- r .' ~ % ` ~Fviother Lakc Outlet -- ! /~J r ' ~ tlet ~ ~ Hi h Fl O ~ 4 `t ~~"t ~r. g ow u _ ~."" ~ " I fr'~ ~ h Flow Outlet F Hi .: ~ t ~ ~ ~, j . #"r. ~~~ ~ 1 ,s ` ~ ~` ~ y r g . ; j Remove 2210 Linear Feet of ExlsLng !',,~~'_ ~'- fi ' ~'~ `' ° c~, ~ e ~ %{ Road to Reduce Impervious Surface y ~t '~>• '~ ~rtm( N"' ~ f - + Area and Construct 770 Linear Feet _ ''~' ~" ~. ~~ ~~ ~ of New Bypass Road to Allow for ~.f 6''~.•~'v •}.~,N ~ Construction of Flocculation Treatrrrent '.'t.f'"~'t~~at.tt~ ~~'- E7~G, / ^ System Stormwater Reuse Areas (30-40 Acres) r '~ ~ _ Protect Elements ; '~~ >.., t. . ,`,; ~$,~-~ Sto rnnra ter ReuseProgrnm [ i'~' ~ - o Install irrigation;inlittrauonidtain file systemsm (. }~ ~ ~ ~ ~ Veterans Park/Tall Laho Park ' y h'~ o Operas sistems for G8 mondrs/year ~ ~y:C~ ~ ~ o S see ns can aduce annual dorv nslream runol6olum es G - bC eIIUU acre-ll and tolol phosphona loadings b}~ 2~5 lbs. ~~~ Estimated construction cost. $9UU,IHIt) o ~" m r _ y o ;u-4o noes oC I:md ~ ' `~' G - - ' '"; ~ V ~ a , ~ ~' Flocculation Treatment System ~ ~~ ~= " _ ,, Construct/install intake and outlall pipes. pumps,terage tanks. r'; ~ met nag ss-st ms.pretreatm~nl and Cinishmeponds, mtd contra a- o o Treats cater dtsc h:used to AImnehuha Cteek to an a.~ueme h ff ~. hi h cater qualitc slattdard remoc urg solubie phosphorus n esm s o Reduce total phosphonis Wading bc~-1NI2~ IVs czar ~~ . '_ c Treats rtnler lrom 1282 acres t+itttin Richfield and i?U -~ ~~ adduional acres from b7o Uter Lake Watershed 0 2-3 acres oCland ~ ' Inhanced Sedimentation System ~ 1 . ~ o Wrll remove sediment prior totischarge into Legion Lake I ~~= ;" _ ~ Nalivc ~i'etland Buffer Plan tinge 6. . ,.r- . /y,..... ... Figure 2 ---; Taft Lake/Legion Lake Watershed Water Qaaality Improvement Project ®etail Map s 0 500 1.000 :- .:.,...~~ Feet ~ ,r,,...•.,,. ~.,. AGENDA SECTION AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING OCTOBER 26, 2010 Consent 193 REPORT PREPARED BY: MARK HALL, OPERATIONS MANAGER FLEET/PARKS NAME, TITLE DEPARTMENT DIRECTOR REVIEW: _ e,._ ~~ SIGNATURE REVIEWED BY CITY ,. MANAGER: ~~~~ ~~ ~ u ITEM FOR COUNCIL CONSIDERATION: Consideration of approval of Contract No. A101409 for purchase of services between the City of Richfield and Hennepin County for Sentencing to Service (STS) work crews. I. RECOMMENDED ACTION: By Motion: Approve the contract for purchase of services between the City of Richfield and Hennepin County for Sentencing to Service (STS) work crews in the amount of $42,445.00 for the year 2011, and $43,719.00 for 2012. II. BACKGROUND The City of Richfield takes great pride in the curb appeal of its public areas and its borders that are shared with neighboring cities. Most of this maintenance is done by Sentencing to Service (STS) crews, where the skilled labor of one or two employees, are replaced by many hands and manual labor to get the clean-up done. This allows our skilled labor, reduced by cutbacks, to perform the more skilled work that needs to be done everyday. 102610STS Labor Intensive Tasks The attached "Tasks for `Sentencing to Service"' lists larger labor intensive tasks that are delegated to STS crews. These tasks require manual work using hand tools and small tools. Typical labor intensive tasks performed by STS are: • Hand shoveling bus stops on a regular basis • Picking up trash along freeways andhat parks and ponds • Setting up and cleaning up for the 4 of July celebration Other Cities/Agencies use STS Many other cities/agencies participate successfully in this program including Bloomington, St. Louis Park, Minneapolis, St. Paul, Mn/DOT and Three Rivers Park District. III. BASIS OF RECOMMENDATION A. POLICY • Offering meaningful work for fulfilling the court ordered community service requirement for low level offenses meets a societal need. B. CRITICAL TIMING ISSUES • The existing agreement will lapse at the end of this year. C. FINANCIAL • Funding for STS is 1/3 from the Street Maintenance, 1/3 from Park Maintenance, and 1/3 from Storm Sewer and Sanitary Sewer Budgets, line item 6315. • The work crew varies in size from week to week, but averages about eight people plus a crew leader. The net cost to the City is less than $4.90 per hour for each worker. 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. E. ENVIRONMENTAL CONSIDERATIONS • None ALTERNATIVE KECOMMENDATION(S) ~ • Council may choose to not approve the contract; however, STS crews provide an excellent service at a very inexpensive cost that could not be obtained elsewhere. ATTACHMENTS ~ • Resolution • Listing of examples of Sentencing to Service work projects. • Contract No. A101409 ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO HENNEPIN COUNTY CONTRACT NO. A101409 WITH THE COUNTY OF HENNEPIN, STATE OF MINNESOTA FOR SENTENCING TO SERVICE (STS) PROGRAM SERVICES THROUGH DECEMBER 31, 2012. WHEREAS, Hennepin County Community Corrections operates the Sentencing to Service (STS) general work program, which uses offenders who are working off court- ordered obligations for low level offenses; and WHEREAS, Many other cities participate successfully in this program including Bloomington, St. Louis Park, Minneapolis, St. Paul, Mn/DOT and Three Rivers Park District; and WHEREAS, The City of Richfield has used these forces for many years to help clean up after the Fourth of July celebration and to help with occasional labor intensive projects that helps reduce the number of full-time staff needed to accomplish these tasks; and WHEREAS, STS crews provide an excellent service at a very inexpensive cost that could not be obtained elsewhere. NOW, THEREFORE, BE IT RESOLVED, that the Richfield Mayor and City Manager are hereby authorized and directed for and on behalf of the City of Richfield to execute and enter into Contract No. A101409 between the City of Richfield and the County of Hennepin, State of Minnesota for Sentencing to Service Program Services through December 31, 2012. Adopted by the City Council of the City of Richfield, Minnesota this 26th day of October, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk TASKS FOR "SENTENCING TO SERVICE" • Mowing an picking up trash at City-owned vacant lots on 18th Ave. • Shoveling snow at bus stops and fire hydrants • Weed control along curb lines • Picking up trash along freeway fences and on minor arterial roads • Washing and cleaning City equipment • Clean garage stalls • Trimming along freeway fences • Weed control around ball field fences • Clean tennis courts • Clean tot lots and park trash pickup • Weed whip parks and freeway fences • Sweep slabs under bleachers • Clean and wash park buildings • 4t" of July setup and cleanup • Half-Marathon setup and cleanup • Clean Ice Arena • Shovel gate boards • Restore and paint picnic tables • Paint park buildings • Shovel debris out of catch basins • Clean under bridge decks • Paint Garage building • Cleanup trash around storm water ponds • H U B garbage • Wood chipping along 77t" street wall • Rebuild retaining walls Contract No: A101409 SERVICES AGREEMENT SENTENCING TO SERVICE PROGRAM WITH GOVERNMENTAL iTNIT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA ("COUNTY") A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Department of Community Corrections and Rehabilitation, C-2300 Government Center, 300 South Sixth Street, Minneapolis, Minnesota 55487 ("DEPARTMENT"), and the CITY OF RICHFIELD, 6700 Portland Avenue South, Richfield, Minnesota 55423 ("CITY"). WHEREAS, the COUNTY operates the Sentencing to Service Program (STS Program) which offers offenders an opportunity to learn landscaping and other marketable skills; and WHEREAS, the CITY wishes to purchase the services of the STS Program; .NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the COUNTY, on behalf of the DEPARTMENT, and the CITY agree as follows: 1. TERM AND COST OF THE AGREEMENT This Agreement shall be in effect from January 1, 2011 through December 31, 2012, unless terminated earlier in accordance with the Default and Cancellation provisions of this Agreement. The total cost of this Agreement, including all reimbursable expenses, shall not exceed: A. Forty-Two Thousand, Four Hundred and Forty-Five Dollars ($42,445.00) for the period January 1, 2011 to December 31, 2011, and B. Forty-Three Thousand, Seven Hundred and Nineteen Dollars ($43,719.00) for the period January 1, 2012 to December 31, 2012. 2. SERVICES TO BE PROVIDED The CITY wishes to utilize the services of the STS Program participants to perform labor intensive forestry, park maintenance, and utility maintenance related projects ("Work"). The DEPARTMENT agrees to the following with respect to the Work requested: A. Provide one (1) work crew, one (1) day per week, for the period of January 1, 2011 through April 30, 2011. Provide one (1) work crew, four (4) days per week, for the period of May 1, 2011 through October 31, 2011. Provide one (1) work (STS Form/Governmental Unit-Revised 9-24-2009) Page 1 of 6 crew, one (1) day per week, for the period of November 1, 2011 to December 31, 2011. Provide one (1) work crew, one (1) day per week, for the period of January 1, 2012 through April 30, 2012. Provide one (1) work crew, four (4) days per week, for the period of May 1, 2012 through October 31, 2012. Provide one (1) work crew, one (1) day per week, for the period of November 1, 2012 to December 31, 2012. Provide work crews for a minimum of six (6) hours per day, excluding paid breaks. A work crew will consist of a minimum of eight (8) participants per day, excluding the crew leader. B. Provide COUNTY employed crew leader who will be responsible for transportation, instruction and supervision of the STS Program work crew. C. Provide required personal safety equipment and clothing needed for specific work. D. Provide basic landscaping tools and equipment needed for specific work. E. Train each STS Program work crew in necessary safety principles and techniques. F. Provide quarterly reports to the CITY that show the number of days worked and total hours of service received. G. Assume all medical liability for the STS Program participants. H. STS Program participants are not employees of the CITY. 3. .RESPONSIBILITIES OF THE CITY The CITY agrees to the following: A. Obtain all necessary permits or licenses or special authority for all Work. B. Assign all work and coordinate material purchases and delivery for projects to be performed. 4. COST AND PAYMENT FOR SERVICES A. The CITY shall pay the COUNTY: 1. Forty-Two Thousand, Four Hundred and Forty-Five Dollars ($42,445.00) in 2011 for the services described in this Agreement, and 2. Forty-Three Thousand, Seven Hundred and Nineteen Dollars ($43,719.00) in 2012 for the services described in this Agreement. -(STS Form/Governmental Unit -Revised 9-24-2009) Page 2 of 6 3. The above-mentioned annual amounts comprise a price per crew of $326.50 in 2011 and $336.30 in 2012. B. Payment for services performed by the COUNTY shall be paid by the CITY within thirty (30) days from the date of invoice. The COUNTY will invoice for services on a quarterly basis reflecting the cost for the crews provided for the preceding quarter. If this agreement is terminated early under the Default and Cancellation provisions of this Agreement, the COUNTY shall be entitled to payment for the services actually provided up to the time of termination. 5. INDEPENDENT CONTRACTOR Nothing is intended or should be construed as creating or establishing the relationship of co-partners between the parties or as constituting either party as the agent, representative, or employee of the other party for any purpose. Each party is and shall remain an independent contractor for all services performed under this Agreement. Each party shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel or other persons engaged in the performance of any work or services required by a party will have no contractual relationship with the other party and will not be considered employees of the other party. 6. INDEMNIFICATION Each party agrees that it will be responsible and agrees to defend, indemnify, -and hold harmless the other party, its officials, officers, agents, and employees for its own errors, acts and omissions and the results thereof to the extent authorized by the law and shall not be responsible for the errors, acts and omissions of the other party and the results thereof. Notwithstanding anything to the contrary in this Section 6, the COUNTY shall have no liability to the CITY for any cause under or related to this Agreement for any consequential, special, incidental, punitive, or indirect damages (including without limitation loss of profit, revenue, business opportunity or business advantage), whether based upon a claim or action of tort, contract, warranty, negligence, strict liability, contribution or any other legal theory or cause of action. Each party's liability shall be governed by and limited in accordance with Minnesota Statutes, Chapter 466. 7. DATA PRACTICES Both parties shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), and all other applicable state and federal laws, rules, regulations and orders relating to data privacy and confidentiality. 8. SUBCONTRACTING AND ASSIGNMENTS Neither party shall assign, subcontract, transfer or pledge this Agreement, in whole or in part, without the prior written consent of the other party. (STS Form/Governmental Unit- Revised 9-24-2009) Page 3 of 6 9. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. 10. DEFAULT AND CANCELLATION A. If either party fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, it shall be in default. Unless the default is excused by the nondefaulting party, the nondefaulting party may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure of the CITY to comply with the terms of this Agreement shall be just cause for the COUNTY to immediately cease providing services under this Agreement until the CITY's compliance. B. The above remedies shall be in addition to any other right or remedy available to the parties under this Agreement, law, statute, rule and/or equity. C. Either party's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. D. This Agreement may be cancelled with or without cause by either early upon thirty (30} days written notice. 1 1. CONTRACT ADMINISTRATION In order to coordinate the services of the CITY with the activities of the Hennepin County Department of Community Corrections and Rehabilitation, so as to accomplish the purposes of this Agreement, John Ekholm, Corrections Program Manager, or his successor (Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve as liaison between the COUNTY and the CITY. City of Richfield Project Contact: Mark Hall Operations Manager, Parks and Fleet City of Richfield (STS Form/Governmental Unit -Revised 9-24-2009) Page 4 of 6 1941 East 66th Street Richfield, MN 55423 612-861-9173 mhal ~cityofrichfield. org 12. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the originating DEPARTMENT at the address given in the opening paragraph of this Agreement. Notice to the CITY shall be sent to the address stated in the opening paragraph of this Agreement. 13. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK .(STS Form/Governmental Unit- Revised 9-24-2009) Page 5 of 6 COUNTY BOARD AUTHORIZATION Reviewed by the County Attorney's Office Date: COUNTY OF HENNEPIN STATE OF MINNESOTA By: Chair of Its County Board Date: ATTEST: Deputy/Clerk of County Board Date: And: -- Assistant/Deputy/County Administrator Date: CITY OF RICHFIELD The CITY warrants that the person who executed this Agreement is authorized to do so as required by applicable articles, bylaws, resolutions or ordinances.* By: Debbie Goettel, Mayor Date: And: Steven L. Devich, City Manager Date: The CITY shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. This documentation shall be submitted at the time the Agreement is returned to the County. (STS Form/Governmental Unit -Revised 9-24-2009) Page 6 of 6 AGENDA SECTION: Cnn~Pnt AGENDA ITEM # ~D REPORT # 194 ~~ ~ ~~.~: STAFF REPORT CITY COUNCIL MEETING OCTOBER 26, 2010 REPORT PREPARED BY: REVIEWED BY CITY MANAGER: PAM DMYTRENKO, ASSISTANT TO E CITY MANAGER .: NanrE, Tip / ~ ,.~"" ...F. i- . _ r~~. ITEM FOR COUNCIL CONSIDERATION: Accept the change order report for the Richfield Municipal Project for an aggregate net effect of $44,524.13 in items included in the budget and reinstate the City Manager's authority to approve change orders up to an aggregate of $25,000 for non-budgeted items and up to an aggregate of $100,000 for items within the project budget. I. RECOMMENDED ACTION: By Motion: Accept the Richfield Municipal Center change order report for an aggregate net effect of $44,524.13 in items included within the budget and reinstate the City Manager's authority to approve change orders up to an aggregate of $25,000 for non- budgeted items and up to an aggregate of $100,000 for items within the project budget. II. BACKGROUND Resolution No. 10309 provides the City Manager the authority to approve change orders for all contracts awarded by the City Council for the construction of the new Richfield Municipal Center subject to the following limitations: • Up to an aggregate of $25,000 for non-budgeted items • Up to an aggregate of $100,000 for items within the project budget Following the approval of such change orders, the City Manager must report this information to the City Council Attached is the list of the approved project change orders. Some change orders represent an increase to the originally awarded contract and some represent a 1026Change orders decrease. The aggregate net effect of the change orders before the Council on October 26, 2010 is $44,524.13. All of the change orders are budgeted items. III. BASIS OF RECOMMENDATION A. POLICY • In order to maintain the construction schedule of the Richfield Municipal Center project and respond to change order requests in a timely manner, the City Council has authorized (Resolution No. 10309) the City Manager to approve change orders up to an aggregate value of $100,000 for budgeted items and up to an aggregate value of $25,000 for non-budgeted items. B. CRITICAL TIMING ISSUES • The City Manager must report approved change orders for the Richfield Municipal Center to the City Council at the next Council meeting. • These change orders have already been approved and, in most cases, implemented. Future change order reports will most likely be made on a monthly schedule depending upon the number and timing of the change orders. C. FINANCIAL • The change orders before the Council for review on October 26, 2010, represent anet effect of $44,524.13 for budgeted items. D. LEGAL • NA E. ENVIRONMENTAL CONSIDERATIONS • NA IV. ALTERNATIVE RECOMMENDATION(S~ • None V. ATTACHMENTS • Richfield Municipal Center Change Order Log VL PRINCIPAL PARTIES EXPECTED AT MEETING • None Change Order Log COR # PR # Description ~ Amounts Subcontractor(s) ~ 1010 1 ', Areas A & D Provide 45 min rating label @ doors ' 490.00 ~ Kendell Doors & Hardware 1011 2 I Revise capacity & hoistway size for Area D elevator only - I Schindler Elevator 1012 3 ! CW revisions; sun shades, glass railings, thermal storef. framing , (54,941.00)! WL Hall 1013 4 Rev. to G2/M5.20, E1/M5.30, M5.61, H3/M1.01, H3/M1.02, etc. ~ (56,465.00)IEgan Co 1015 5 i Revisions to draings S1.02, 2/S1.04, and S3.11 - I Hollenback, AIW, Gresser 1017 6 Revisions to galvanizing requirements ~ - IAIW 1020 , 7 Revisions to doors and door hardware 301.00 I Kendell, RTL, H&N, Crossroad 1021R 8 Delete cleanouts & revise cleanouts from bronze to iron (1,286.00)IEgan Co 1025 9 Hollow Metal Door, Frame & Hardware Revisions 3,198.00 Kendell, Vinco, Crossroad 1027 1 U tlectncal cnanges relates to nowre cnanges In rK ~a to to.vuti vuicu ' 1028R i, 1 R hanges #o storm water system and tennis court area ~ Imperial, Greenscape, T.A. Schifsky, North Country Concrete, C&H Sport, Mid-Metro, St. Paul Utilities, Gresser, I Midwest Land Surveyors ' 79,231.00' II 1029 !, 12 i Revisions to Door & Frame Mat. and Hose Tower D138 (4,030.00) I H&N, AIW, W.L. Hall, Kendell ', 1031 I - ~ Tremco Air Barrier Substitution I (4,000.00) Kremer & Davis ! 1034 I SI 13 i Roof revisions in Areas C&D, P.H. revisions at mech chase 420.00 I County Mat., AIW, H&N, Thelen, WL Hall ' 1035 !, 13 !Provide Masonry Core Insulation ~ 14,222.00 ',County Materials Corp. I 1036R 'I - 'Borrow Pit Option (topsoil) & Buried Concrete Slab 7,280.00 'Imperial Developers 1037 I - 'Olympiatech Pre-construction Charges , 8,575.00 IOlympiatech 1038 ~, SI 14 I Penthouse Floor Revisions at Mechanical Chase ' 868.00 'IAIW, Thelen, County Materials 1041 ~ 14 I Monument Sign Revisions 1,600.00 Hollenback, Gresser 1042 I 15 'Wood Door Veneer Revisions 2,384.00 ~ Kendell 1043 '', I 16 I Institutional S rinkler Heads P ~ 602.00 ~ Breth-Zenzen Fire Protection ! 1045R ' SI 17 ~ Relief Hood Modification 669.00 (Thelen 1046 17 Power Supply Revisions for Electric Locks I (4,237.00); Kendell, Vinco 1047 ~, 18 I Skylight Detail Modifications 10,418.00 icrossrd., AIW, AME, WL Hall, RTL, BL Dal. 1048 , - i Addition of Hand Hole for Separation of Owest & Mediacom 1,355.00 I Vinco I 1049 I SI 19 Ductwork Coordination Items 785.00 !,Thelen, Sonus Interiors 1051 19 '1 Hose Tower Stair and Trench Drain Modifications 6,318.00 ',AIW, AME, Gresser, Egan, Vinco 1 1053 1054 I 21 22 'Floor Drain and Trench Drain Revisions ~, I Floor Drain at Room D209 Laundry 606.00 i Egan 445.00 j Egan ~I 1056 23 ~', Fire Department Driveway Entrance ~ ~I Imperial, Greenscape, North Country Conc, T.A. Schifsky, '~ 1,500.00 Midwest Land Surveyors it 1059 ~ 25 I Struct. Steel Detail -Grid 'Q' /Retaining wall railing rev. 422.00 ;AIW, AME, RTL 1060 ~ 26 'Casework Elevation at Evidence Garage B006 - Egan, LSI 1061 ~ 27 iSW Side of Fire Apparatus Bay Drive revision ' 1,702.00 scnitsky, N.ctryconc., Imperial, Gmscape 1062 I 28 !Transformer Location Revisions ! VOID i North Country, Imperial, Vinco 1065 - I Credit for Floor Mat Substitution ' (1,075.00)!, Crossroad Construction 1066 29 Gear Wash Room Revisions 3,097.00 I Egan, AIW, Gresser, LSI, Vinco 1076 I, 31 Architectural Precast Date Stone 900.00 I, Hollenback 1084 - Dr in in Parkin Gara e ', Relocate Floor a s 9 9 4,487.00 i E an 9 1085 I - Engineering Field Fix per Sketch FSK 1-52810 ' 249.00 ';AIW 1086 - ~ Lintels for Field Fix I 273.00 jAIW ~ 1087R I - Hose Tower Stair -Revise Rail Heights & Add Guardrails 3,199.00 jAIW 1088 - Add 60 LF of Railing at Retaining Wall 3,641.00 IAIW R1 l Interior Signage ~ (2,266.90)Takeform Architectural Group R2 i I Addition of one guest chair ', 289.03 I Innovative Office Solutions ! MOT-0011 I Monopole Tower Height from 80' to 110'/change foundation type ' 13,614.00 !.Sprint. I I Net Change Orders _44,524.13 I AGENDA SECTION: public Hearing AGENDA ITEM # rj REPORT # 195 STAFF REPORT CITY COUNCIL MEETING OCTOBER 26, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: DERICK ANDERSON, CIVIL ENGINEER ._ , ~,~"'" "" NAME, TITLG •~. ..- ; ~~ `y ~ ITEM FOR COUNCIL CONSIDERATION: Public Hearing regarding the special assessment roll for the 2010 Concrete Alley Paving Project. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Adopt the attached resolution approving the assessment roll for the 2010 Concrete Alley Pavina Project. II. BACKGROUND The City Council has taken steps to move forward with the paving of unpaved alleys within the City. The public hearing and adoption of the assessment roll resolution is the last Council action in the Minn. Statute 429 (local improvement) process for special assessments. Project Timeline February 24, 2009 - A public hearing was held as part of the regular Council meeting. The Council adopted Resolution No. 10224 ordering the preparation of plans and specifications for the project. The total estimated cost of the project was $214,000. February 23, 2010 -The Council awarded the contract for construction of the alley project to Ron Kassa Construction, Inc. for the sum of $144,657.00. The total estimated cost of the project was revised to $200,000. 102810Alleyassess March 23, 2010 -Council approved sale of a $1,535,000 General Obligation Bond, of which $190,000 of the par value was to be used for the 2010 Alley Paving Project (actual par value $185,000). May 10, 2010 -Construction of 2010 Alley Paving Project begins. September 13, 2010 - 2010 Alley Paving Project reaches substantial completion. September 15, 2010 -City receives final cost for the project totaling $200,133.47. September 28, 2010 -Council adopts resolution 10426 based on total project costs. Public Hearing is scheduled to be held October 26, 2010. October 8, 2010 -Notice of public hearing was mailed to residents stating the total project cost, the total amount assessed and the amount assessed to their property. October 26, 2010 -City Council will hold the assessment Public Hearing and considers a resolution adopting the assessment roll. Optional 30 day prepayment period begins. November 25, 2010 -Optional 30 day prepayment period ends. November 29, 2010 - 2011 assessment roll due to Hennepin County. III. BASIS OF RECOMMENDATION A. POLICY • It is City policy to pave alleys with concrete. • It is City policy to assess the adjacent property owner for the cost of the alley paving. • Staff is following the Minn. Statute 429 (local improvements) process for the assessment. B. CRITICAL TIMING ISSUES • The property owner's have an optional 30 day prepayment period whereby no interest will be charged on the prepaid portion of the special assessment. • No interest will be charged if the entire assessment is paid before November 25, 2010. C. FINANCIAL • The total cost of the project is $200,133.47 • The total cost to be assessed is $100,066.67. • $84,933.33 debt service tax levy for G.O. bond • $15,133.47 funded using other City Funds D. LEGAL • The City Attorney will be available to answer questions. E. ENVIRONMENTAL CONSIDERATIONS • N/A I~. ALTERNATIVE RECOMMENDATION(S~ • Council may revise the special assessment roll as deemed necessary following the public hearing.. V. ATTACHMENTS • Resolution adopting assessment • Graphic of project location • Assessment Roll VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT FOR CONCRETE ALLEY PAVING. WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for Improvement No. 43200, the improvement of Concrete Alley paving between the east side of Girard Avenue from the north line of 66th Street to the south line of 63rd Street and the west line of Emerson Avenue from 66th Street to the south line of 64th Street. See attached Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1: Such proposed assessment roll (Exhibit B), in the amount of $100,066.67, is hereby accepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of the assessment levied against it. 2. Such assessment shall be payable in annual installments extending over a period of 20 years, the first of the installments to be payable on or before the first Monday in January 2011, and shall bear interest at the rate of five (5%) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2011. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments and shall bear interest at the rate of five (5%) percent from the date of adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the City's Assessing Division, and he may at any time thereafter, pay to the City's Assessing Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31St of the year in which such payment is made. Such payment must be made before November 15t" or interest will be charged through December 31St of the next succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the property tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. Passed by the City Council of the City of Richfield, Minnesota this 26t" day of October, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~~ Eik:ll I ICI AT o'~ 2010 ALLEY PA@ 111i!IP', PRpJEC~ 63rd Street ~ ~ k ~~ ~ Legend ~~ ~ J 4 %~V ~' ` / ~ Proposed Alleys V•~ :~ t { ~ / , ~ ~ ~ Assessed Parcels ~ ~ ,; - ii - 64th Street ~ / 6401_ ~~~ 6400 6405 6404 ~~ 6409 6408 ~ Richfield = 6415 6412 ~ ~ Lake ~ -- 6416 Q 6417 ~ i .,I '. 6420 ~ 6421 L - _ ~~ 6424 6433 ~~ I j' •~ ~~~ ~ 6430 i i' '.i 6441 i f, 6436 L_ ~ 6449 ';'~ 6444 ~ 65th Street °' ~~I, ~ ',` ,, ssoo ~ 6501 6504 Q ~- N i' i ~ 6508 ~ 6505 ~ ~ 6512 I I` W '~. ~'~ '',~~~. ~i 6516 6525 II 'l ',~~'. ~~- ,1~! ~ y, 6520 6529 I, {{{{{{~ ~ I,. ~ ~ 6524 ~Il 6528 6533 ~~ 6537 ~I'~i ' ~~lV'~ I. 'I 66th Street 0 250 500 1, 000 Feet 1:r ,,~; J '~ EXHIBIT B ASSESSMENT ROLL NAME ADDRESS PID # ASSESSMENT DOUGLAS & SHARILYN THOMPSON 6345 GIRARD AVE S 2802824120017 $1,536.93 DONALD L CARLSON 6343 GIRARD AVE S 2802824120018 $1,536.93 ALICE A ANDERSON 6339 GIRARD AVE S 2802824120019 $1,536.93 MARGARET MATHERN 6337 GIRARD AVE S 2802824120020 $1,536.93 STEVEN HAVERLY 6333 GIRARD AVE S 2802824120021 $1,536.93 ISABELLA & JAMES P HOCKETT 6331 GIRARD AVE S 2802824120022 $1,536.93 JOAN BROADSTON 6325 GIRARD AVE S 2802824120023 $4,610.80 LEONARD S SMITH 6319 GIRARD AVE S 2802824120024 $1,536.93 CHARLES NELSON & JODI HERZIG 6315 GIRARD AVE S 2802824120025 $2,305.40 KARL H & KATHERINE L KRUEGER 6309 GIRARD AVE S 2802824120026 $2,305.40 STEVEN GAYLORD JOHNSON 6305 GIRARD AVE S 2802824120027 $1,536.93 PATRICK W ELCOMBE 6301 GIRARD AVE S 2802824120028 $1,456.25 KIMBERLY ANN HILL 6529 GIRARD AVE S 2802824130032 $2,305.40 JANIS NELSON 6533 GIRARD AVE S 2802824130033 $2,305.40 SCOTT D & JENNIFER L MCVAY 6537 GIRARD AVE S 2802824130034 $960.58 KART R. SCHMALTZ 6401 GIRARD AVE S 2802824130003 $1,492.75 LINDA FUCHS 6405 GIRARD AVE S 2802824130004 $2,426.44 RODNEY & MARTHA HJELM 6409 GIRARD AVE S 2802824130005 $2,535.94 JACK FEARE & MARY HABIB 6415 GIRARD AVE S 2802824130006 $2,535.94 WELLS FARGO BANK NA 6417 GIRARD AVE S 2802824130007 $2,535.94 HEIDI NIESEN 6421 GIRARD AVE S 2802824130008 $2,535.94 BRIAN LINDQUIST 6433 GIRARD AVE S 2802824130009 $2,881.75 DONALD & KATHLEEN PRIMOUS 6441 GIRARD AVE S 2802824130010 $2,881.75 LAUREEN CAROL MALMBERG 6449 GIRARD AVE S 2802824130011 $3,227.56 ABDELHAK BARBOUCHE 6501 GIRARD AVE S 2802824130029 $3,227.56 DONALD POTTER 6505 GIRARD AVE S 2802824130030 $4,322.63 LISA A KURRUS 6525 GIRARD AVE S 2802824130031 $3,746.28 KENNETH L TRZCINSKI 6400 EMERSON AVE S 2802824130052 $1,833.56 BRADLEY J MARSHALL 6404 EMERSON AVE S 2802824130053 $1,921.17 CARLOS M ESCOBAR-NOLASCO 6408 EMERSON AVE S 2802824130054 $1,921.17 DARREN MCCANNON 6412 EMERSON AVE S 2802824130055 $2,305.40 JENNIFER G TORMOEN 6416 EMERSON AVE S 2802824130056 $2,305.40 JAMES L SAATHOFF 6420 EMERSON AVE S 2802824130057 $2,305.40 GEO C HOLTER 6424 EMERSON AVE S 2802824130058 $2,305.40 KEVIN SIMONDET 6426 EMERSON AVE S 2802824130059 $384.23 KEVIN SIMONDET 6430 EMERSON AVE S 2802824130060 $1,921.17 KEITH & CANDICE WALDRON 6436 EMERSON AVE S 2802824130061 $2,881.75 ERIK AND LAURA PRINK 6500 EMERSON AVE S 2802824130067 $1,717.52 MARGARET E SHULTS 6504 EMERSON AVE S 2802824130068 $1,921.17 NARCISCO CORTEZ-DOMINGUEZ 6508 EMERSON AVE S 2802824130069 $1,921.17 BRENDEN & ANN KENNEDY 6512 EMERSON AVE S 2802824130070 $1,921.17 MARY J SCHROEDER 6516 EMERSON AVE S 2802824130071 $1,921.17 CHARLOTTE L GRELL 6520 EMERSON AVE S 2802824130072 $1,921.17 HSBC BANK USA NA TRUSTEE / OCWEN LOAN SERVICING LLC 6444 EMERSON AVE S 2802824130002 $2,881.75 RABENA BAKSH 6524 EMERSON AVE S 2802824130073 $1,921.17 SANDRA MAE HOLIEN 6528 EMERSON AVE S 2802824130074 $960.58 AGENDA SECTION: Other Business AGENDA ITEM # 6 REPORT # 196 STAFF REPORT CITY COUNCIL MEETING OCTOBER 26, 2010 PAM DMYTRENKO, ASSISTANT TO REPORT PREPARED BY: - .,.~__ ~ ~ . _ _ . ___ `: ~ MIME, TITLE I REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consider the award of contracts for interior window treatments, furniture and work stations for the new Richfield Municipal Center. I. RECOMMENDED ACTION: By Motion: • Award of contract to Offisource in the amount of $31,900 for interior window treatments. • Award of contract to Intereum in the amount of $32,118.74 for executive chairs. • Award of contract to S&T Office Products in the amount of $442,706.80 for work stations, chairs and file cabinets. IL BACKGROUND Staff has been assisting representatives from Wold Architects to determine furniture needs in the new Richfield Municipal Center and make furniture and work station selections. While some of the existing furniture in City Hall will be re-used in the new facility, the majority of work stations and furniture will need to be replaced. Wold Architects solicited several quotes from a variety of vendors and staff tested and vetted many of the items. Additionally, a staff committee was formed to tour four work station options and a consensus of the group was achieved based on cost, flexibility of use, quality of construction, and appearance. The work station also meets the requirements for light and air flow recommended by Orfield Labs Inc. Because the City will be purchasing the most expensive items, the work stations, off the Cooperative Purchasing Venture (otherwise referred to as the "State Contract"), 0928purchase agreements a competitive bidding process was not required. However, several quotes were received in making a determination of work station selection, as well as for the blinds and the chairs being recommended for purchase. The interior blinds do not fall within the Furniture, Fixtures & Equipment (FF&E) budget line item and are considered part of the overall project budget. However, the chairs, file cabinets and work stations are considered FF&E items. III. BASIS OF RECOMMENDATION A. POLICY • Quotes for each item included in this motion were requested from at least three qualified vendors. • Under the City's Purchasing and Spending Authority policy, contracts estimated to have a value between $25,000 and $100,000 may be made by direct negotiation based on multiple quotations. • Under Minnesota State Statute 371.345, the City may purchase supplies, materials and equipment without regard to the competitive bidding requirements if the purchase is through the Cooperative Purchasing Venture (State Contract). B. CRITICAL TIMING ISSUES • Approval of the contracts at the October 26, 2010 meeting will allow ordering of the items, some of which have a several week production and shipment timeframe. C. FINANCIAL • When the total project cost was developed, the FF&E portion was determined to be approximately 5% of the total construction cost or $612,000 (minus Wold's design fee). • The total amount of contracts recommended to be awarded at the October 26, 2010 meeting totals $506,725.54. • With the furniture contracts approved at the Sept. 28, 2010 meeting and the FF&E purchases slated for approval on October 26, 2010, we will be at $648,000 (an overage of roughly $36,000). There are three reasons why we are over this budget: o The Dispatch stations were budgeted at $15,000 each, but came in at $28,000/workstation instead. o The conference room tables are approx. $10,000 more than anticipated (due to the need for more tables and lack of tables to reuse from the current building. Also, the conference table in the Council's conference room is an upgraded table with a data jack installed in the center of it to accommodate taping closed sessions, etc.) o The bulk of the "overage" is in the work stations. The target was $3,000/work station, but they are costing $3,323/work station instead. (A total of 105 work stations are being ordered). Per Orfield's standards, we had to add glass panels to the work stations which increased the price. • The entire Richfield Municipal Center project is still within budget. D. LEGAL • All contracts or purchases in excess of $25,000 require Council approval. E. ENVIRONMENTAL CONSIDERATIONS • NA IV. ALTERNATIVE RECOMMENDATION~S~ • Do not approve some or all of the recommended contracts. However, this may significantly delay the order and shipment of some of the items. V. ATTACHMENTS • Bid tabulation VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None W~LO Project Name: Commission No.: 092049 Date: October 20, 2010 BID TABULATION Wold Architects and Engineers 305 St. Peter Street 1 Interior Signage Takeform Architectural Graphics $28,499.22 1 Mahar Way Medina, NY 14103 X 585-798-8888 2 Dispatch Workstations KARNS Services $28,151.32 9801 Little Rd Bloomington, MN 55437 X 612-644-9174 Meeting Room, Break Room KI $31,970.84 Tables 10921 Excelsior Blvd. Suite 123 Hopkins, MN 55343 X 952-929-5686 4 Executive Chairs Intereum $32,118.74 845 Berkshire Ln N Plymouth, MN 55441 763-238-0107 Chairs, Executive Conference Innovative Office Solutions $90,165.80 Tables, Lobby Furniture 151 E. Cliff Road Burnsville, MN 55337 X 612-701-9488 Break Room Chairs, Children's General Office Products $23,013.17 Size Furniture, Breifing Tables, 4521 Highway 7 Side Tables Minneapolis, MN 55416 X 952-925-7543 7 Workstations, Chairs and File S&T Office Products $442,706.80 Cabinets 1000 Kristen Court St. Paul, MN 55110 651-486-1268 8 lnteriorWindowTreatments Offisource $31,900.00 2137 Niles Ave St. Paul, MN 55116 651-690-0456 GRAND TOTAL $708,525.89 Saint Paul, Minnesota 55102 651.227.7773 Fax: 651.223.5646