Loading...
051011completeagendaCITY OF RICHFIELD, MINNESOTA TUESDAY, MAY 10, 2011 SPECIAL CITY COUNCIL MEETING CITY HALL EXECUTIVE CONFERENCE ROOM 6700 PORTLAND AVENUE 6:45 P.M. . AGENDA Call to order Roll call 1. Interview of applicants interested in serving on City advisory commissions (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 April 26, 2011 and (2) Regular City Council Meeting of April 26, 2011 PRESENTATIONS 1. Presentation by Richfield Dual Language School 2. Annual meeting with Civil Service Commission 3. Presentation regarding National Public Works Week COUNCIL DISCUSSION 4. Council discussion • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 5. Council approval of agenda CONSENT CALENDAR 6. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of resolution authorizing 2011 Specialized Pay Plan to reflect zero percent increase to overall pay plan and adjustments to different pay grades for certain seasonal and intermittent staff and adjustment to step increase process S.R. No. 93 B. Consideration of approval of .resolution supporting submittal of application to Minnesota Department of Employment and Economic Development (DEED} for Contamination Investigation and Response Action Plan Development Grant Funds at former Lyndale Garden Center site, 6400 Lyndale Avenue S.R. No. 94 C. Consideration of approval of resolution supporting submittal of application to Metropolitan Council Livable Communities Tax Base Revitalization Account grant program for contamination site investigation at 6400 Lyndale Avenue S.R. No. 95 D. Consideration of approval of Richfield Municipal Center change order. report for aggregate net effect of $12,508 in items included within project budget S.R. No. 96 E. Consideration of approval of resolution adopting Bureau of Criminal Apprehension new master joint powers agreement with Richfield Public Safety/Police S.R. No. 97 F. Consideration of approval of bids and award contract to JC Environmental & Demolition Inc. for Richfield City Hall abatement project in amount of $83,000 S.R. r No. 98 G. Consideration of approval of bid minutes/tabulation and award of contract to Pearson Bros. Inc. for 2011 Pavement Management Project sealcoating work in amount of $388,539.08 S.R. No. 99 H. Consideration of approval of community garden plots lease agreement with Minneapolis-St. Paul Metropolitan Airports Commission S.R. No. 100 I. Consideration of approval itinerant places of amusement, temporary on-sale 3.2 percent malt liquor and temporary food licenses for Church of St. Richard's carnival on June 3, 4 and 5, 2011 S.R. No. 101 Notes: 7. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARING 8. Public hearing regarding Community Services Commission recommended skate park concept for Augsburg Park and consideration of proceeding with negotiating contract with Hardcore Skateparks, Inc. to design and build tier one skateboard facility in Augsburg Park Staff Report No. 102 Notes: PROPOSED ORDINANCE 9. Consideration of approval of: • First reading of transitory ordinance authorizing planning, design and rehabilitation of water plant clarifiers/baffles and replacement of chain room piping/pumps at .estimated cost of $1,480,000 and scheduling public hearing and second reading of transitory ordinance for June 14, 2011; • Authorizing hiring Short Elliot Hendrickson Inc. to provide engineering services for planning, design and construction oversight of project for fee not to exceed $151,925 without further written staff authorization; and • , Authorizing staff to approve changes in engineering services contract up to maximum of $25,000 without further City Council authorization Staff Report No. 103 Notes: RESOLUTION 10. Consideration of approval of resolution accepting bids for reconditioning of Logan Avenue Water Tower, 7420 Logan Avenue, and awarding contract to TMI Coatings, Inc. in amount of $796,000 effective May 23, 2011 Staff Report No. 104 Notes: OTHER BUSINESS 11. Consideration of authorizing execution of option agreement with Sherman Associates dba Skylark Apartments Limited Partnership for sale of south portion of former Public Works Maintenance Facility Staff Report No. 105 Notes: 12. Consideration of appointment to City advisory commissions Staff Report No. 1.06 Notes: 13. Consideration of request for City Council to confirm appointment of Wayne Kewitsch as Fire Services Director/Fire Chief for City of Richfield, effective June 30, 2011 Staff Report No. 107 Notes: CITY MANAGER'S REPORT 14. City Manager's report Notes: 15. 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: 16.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: May 2011 Page 1 of 1 City of Richfield Calendar Calendars Net Navigate: 2010 Jan Feb Mar Air May Jun Jul Auk Sep Oct Nov Dec 2012 May 2011 5:30p Human Services 5:30 P.M. Special City Planning Council Council Worksession 6 PM Special Planning Commission 7 PM City Council Worksession Meeting 7PM Regular Planning Commission CANCELED 2 3 ~ 5 E 8:00a Richfield Police 7:00p Transporation 7:00p.Arts Commission Civil Service Commission @ 6335 Portland Ave Commission Meeting 11:30a Richfield Tourism Promotion Board @ 6601 Lyndale Ave, Suite 106 7:00p Human Rights Commission @ Community Center 10 11 1? l3 7:00p Planning 6:45 PM Special City Commission Study Council Meeting Session (commission interviews) in Executive Conference Room 7 PM Regular City Council Meeting 1~ 17 I~ 1~~ 20 7:00p Housing and 7:00p Community 7:00p Friendship City Redevelopment Services Commission @ Commission @ 6401 Authority 7000 Nicollet Avenue 14th Avenue 5:30p Human Services 7:00p City Council Planning Council Meeting CANCELED 6:00p Advisory Board of Health 7:00p Planning Commission 3{} ~1 I Jx~ 2 ~ City Administrative 7:00p Transportation 7:00p Arts Commission CITY ADMINISTRATIVE C)ffices closed -- Commission @ 6335 Portland Ave OFFICES CLOSED -- MemoEial Day observed MOVING TO NEW MUNICIPAL CENTER - REOPEN JUNE 6 Display: Year Month Week Day Block List Condensed Abs Slide Calendars: Search Add Events: Daily Duration Periodic Ad€ninister: This Calendar 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 5/5/2011 CITY COUNCIL MINUTES ~~11~f1 Richfield, Minnesota Special Worksession Ap ri 126, 2011 CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:30 p.m. ROLL CALL Council Members Debbie Goettel, Mayor; Fred Wroge; Sue Sandahl (arrived at 5:36 p.m.); Pat Present: Elliott; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Chris Regis, Finance Manager; Chris Link, Street Maintenance/Supervisor; Kristin Asher, City Engineer; and Cheryl Krumholz, Recording Secretary. Item # I DISCUSSION REGARDING CITY STREET AND SIDEWALK CONDITION AND RECONSTRUCTION AND FUNDING SOURCES, INCLUDING REVIEW OF FRANCHISE FEES (COUNCIL MEMO NO. 47) Public Works Director Eastling, City Engineer Asher and Street Maintenance/Supervisor Link made a presentation (Clerk File No. 460) and updated the City Council on the following: • Review of condition of City streets and sidewalks • Review of Franchise Fees as a tool for funding street maintenance and forestry operations • Timing and funding street reconstruction • Alternative funding sources for street maintenance and reconstruction Public Works Director Eastling stated the deficient condition of the Hennepin County roads (66`h Street, Portland Avenue, Penn Avenue and Nicollet Avenue) is being brought to Hennepin County's attention. Council Member Wroge stated he would not support assessing adjacent property owners for reconstruction of streets because streets are used by everyone. Public Works Director Eastling discussed the Street Reconstruction Bond. Mayor Goettel stated the City should financially plan for future street reconstruction so a portion of the funds is available and not completely bonded. City Manager Devich said the best dollar spent is continuing the extension of the life of the streets. Specia(Worksession Minutes -2- April 26, 2011 Council Member Elliott stated there should be a mechanism to ensure that the funding reserved for streets remains for streets and not used for another crisis or a future City Council changes its use. Council Member Fitzhenry expressed concern that federal funding may be decreasing. The City Council consensus was to not use special assessments but acity-wide bonding for funding. Mayor Goettel stated the City plowing the County roads in Richfield should be discussed. City Engineer Asher explained an agreement could be negotiated with Hennepin County being invoiced for City services. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:45 p.m. Date Approved: May 10, 2011 Cheryl Krumholz Recording Secretary Debbie Goettel Mayor Steven L. Devich City Manager J CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting April 26, 2011 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; Pat Elliott; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; John Stark, Community Development Director; Melissa Poehlman, City Planner; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. OPEN FORUM Giovanna Ingram, 3905 W 60t" Street, Edina, addressed the City Council regarding inflated late fees for landlords and requested the City Council consider a tier process in determining fees. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Fitzhenry, S/Wroge to approve the minutes of (1) Special City Council Worksession of April 12 2011 and (2) Regular City Council Meeting of April 12, 2011. Motion carried 5-0. Council Meeting Minutes -2- April 26, 2011 Item #1 PRESENTATION OF RICHFIELD TOURISM PROMOTION BOARD, INC. FINANCIAL REPORT FOR YEAR ENDED DECEMBER 31, 2010 Patti Sterbuck, Richfield Tourism Promotion Board Chair, presented the financial report. Item #2 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS The City Council consensus was to ride bikes again in this year's July 4 parade. The City Council requested a Richfield City Council banner be made and then carried by 2 individuals in the parade. Council Member Fitzhenry provided an update on the Beyond the Yellow Ribbon Campaign. The City Council consensus was to participate in the Hennepin County Step To It Challenge. Council Member Sandahl stated that street maintenance was discussed at a worksession and that 66t" Street, Penn Avenue, Portland Avenue and Nicollet Avenue are Hennepin County roads and the county's responsibility to maintain. Item #3 COUNCIL APPROVAL OF AGENDA M/Wroge, S/Fitzhenry to approve the agenda. Motion carried 5-0. Item #4 CONSENT CALENDAR A. Consideration of approval of resolutions adjusting City's municipal state aid street network S.R. No. 86 RESOLUTION NO. 10504 RESOLUTION REVOKING MUNICIPAL STATE AID DESIGNATION FROM CERTAIN CITY STREETS This resolution appears as Resolution No. 10504. RESOLUTION NO. 10505 RESOLUTION FOR MUNICIPAL STATE AID DESIGNATION OF CERTAIN CITY STREETS This resolution appears as Resolution No. 10505. Council Meeting Minutes -3- April 26, 2011 B. Consideration of approval of resolution affirming monetary limits on statutory municipality tort liability S.R. No. 87 RESOLUTION NO. 10506 RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY MINNESOTA STATUTES 466.04 This resolution appears as Resolution No. 10506. C. Consideration of approval of resolution accepting grants and donations received by Richfield Recreation Services Department S.R. No. 88 RESOLUTION NO. 10507 RESOLUTION AUTHORIZING ACCEPTANCE OF ALL GRANTS AND DONATIONS RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS PRESCRIBED BY DONORS This resolution appears as Resolution No. 10507. D. Consideration of approval of memorandum of understanding between City of Bloomington and any Richfield entities who will agree to support goal of alternative methods of dispensing preventive medication to entire population within 48 hours S.R. No. 89 E. Consideration of approval of award of contract to North Star Tree Care for diseased boulevard tree removal for amount not to exceed $99,000 S.R. No. 90 M/Goettel, S/Sandahl to approve the Consent Calendar. Motion carried 5-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item #6 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING ZONING ', CODE REGULATIONS RELATED TO SETBACK ENCROACHMENTS FOR BAY WINDOWS, PLACEMENT OF FENCES, CERTIFICATION REQUIREMENTS FOR MASSAGE THERAPY PRACTITIONERS, SIZE OF PERMITTED BUSINESSES IN NEIGHBORHOOD COMMERCIAL DISTRICT, SETBACKS RELATED TO TWO- FAMILY DISTRICT PROPERTIES, MEDICAL CLINICS AS PERMITTED USE IN GENERAL COMMERCIAL DISTRICT, SIGN PERMIT EXPIRATION DATES, NUMBER OF TEMPORARY BANNER SIGNS ALLOWED, NUMBER OF TEMPORARY SIGN PERMITS PERMITTED PER YEAR, AND NUMBER OF CORRECTIONS AND CLARIFICATIONS AND RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE AMENDMENTS (STAFF REPORT NO. 91) Council Meeting Minutes -4- Mayor Goettel presented Staff Report No. 91. April 26, 2011 M/Goettel, S/Sandahl that this constitutes the second reading of Bill No. 2011-13 amending Zoning Code regulations related to seback encroachments for bay windows, placement of fences, certification requirements for massage therapy practitioners, size of permitted businesses in Neighborhood Commercial District setbacks related to Two-Family District properties, medical clinics as permitted use in General Commercial District, sign permit expiration dates, number of temporary banner signs allowed number of temporary sign permits permitted per year, and number of corrections and clarifications and resolution authorizing summary publication of ordinance amendments: RESOLUTION NO. 10508 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING SUBSECTION 509.11; 509.15, SUBDIVISIONS 3 AND 10; 509.21, SUBDIVISION 11; 512.07; 512.09; 514.05, SUBDIVISION 5; 514.14, SUBDIVISION 2; 518.13, SUBDIVIDION 2; 522.13, SUBDIVISION 2; 532.03, SUBDIVISIONS 4, 5 AND 6; 532.11; 534.07, SUBDIVISION 9; 534.11; 537.03, SUBDIVISION 1; 537.13, SUBDIVISION 2; 544.13, SUBDIVISIONS 5 AND 6; 544.25, SUBDIVISION 3; 549.21, SUBDIVISIONS 4 AND 5; AND 549.23, SUBDIVISION 2; ADDING NEW 549.19; AND REPEALING 507.07, SUBDIVISION 122; AND 549.23, SUBDIVISION 3 OF THE CITY CODE RELATED TO VARIOUS ZONING REGULATIONS Motion carried 5-0. This resolution appears as Resolution No. 10508. Item #7 CONSIDERATION OF RESOLUTION AWARDING SALE OF $1,480,000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 2011A (STAFF REPORT NO. 92) Mayor Goettel presented Staff Report No. 92. Jon North, Ehlers & Associates, reported on the bond sale and recommended the award to Northland Security from Minneapolis, MN. City Manager Devich reported on the City's AA+ bond rating from Standard and Poor and now, with the current bond issue, the rating was enhanced to AAA. M/Wroge, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10509 A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 2011A, IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,480,000; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT Motion carried 5-0. This resolution appears as Resolution No. 10509. Item #8 CITY MANAGER'S REPORT Council Meeting Minutes -5- April 26, 2011 City Manager Devich reported on MN Public Television segments on May 1 and May 8 entitled "New Metropolis Minnesota" on which he is a panel member. Item #9 CLAIMS AND PAYROLLS M/Wroge, S/Sandahl that the following claims and payrolls be approved: U.S. Bank 4/26/2011 A/P Checks: 202907-203252 $ 2,022,011.89 Payro11:74407-74718 $ 494,502.05 TOTAL $ 2,516,513.94 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 7:40 p.m. Date Approved: May 10, 2011 Debbie Goettel Mayor Cheryl Krumholz Recording Secretary Steven L. Devich City Manager AGENDA SECTION: CONSENT AGENDA ITEM # 6A REPORT # 93 STAFF REPORT CITY COUNCIL MEETING MAY 10, 2011 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: JESSE SWENSON HUMAN RESOURCES COORDINATOR ITEM FOR COUNCIL CONSIDERATION: Consideration and approval of the 2011 Specialized Pay Plan resolution to reflect a zero percent increase to the overall pay plan and adjustments to certain seasonal and intermittent pay rates and an adjustment to the step increase process. I. RECOMMENDED ACTION: By Motion: Adopt the resolution approving the 2011 Specialized Pay Plan to reflect a zero percent increase to the overall pay plan and adjustments of different pay grades for certain seasonal and intermittent staff and an adjustment to the step increase process. II. BACKGROUND Periodically, the City reviews and evaluates its pay plans based upon comparable positions within other municipalities. Such a review and comparison was conducted in February and March 2011 for the various positions on the Specialized Pay Plan. As part of this analysis, the municipal operations of Stanton 5 eities.vvere reviewed. The primary finding was no increase to the overall pay plan was necessary. However, the analysis indicated that Richfield's pay rates for certain seasonal and intermittent positions were higher and needed to be adjusted to bring them more in line with the Stanton 5 cities. Conversely, the pay rate for the position of Administrative Services Clerk was indicated to be lower and is being upgraded. In order to meet the City's long-held goal to keep its wages and benefits in the middle of the pay ranges of similar metro cities and operations, the following compensation adjustments are being recommended and/or implemented: 1. The position of Administrative Services Clerk should be upgraded from a SP8- NE to a SP9-NE. Effective July 1, 2011, all new hires in this position will be paid at the SP9-NE pay rate and current employees in this position will be reclassified to the new pay grade. 2. Various recreation department positions will be reclassified to the pay rate below which they are currently. The positions being reclassified are: Recreation Attendant, Cashier/Concession, Winter Sports Attendant, Adaptive Leader/Specialist, Lead Concession, Building Attendant, Pool Supervisor, and Pool Coordinator. 3. Also, various recreation department positions will be removed from the pay plan since they are no longer an active position in the City. These positions include, Concessions I, Scorer/Timer, Arena Attendant, Facility Cashier, Mini Golf Attendant, Adaptive Program Supervisor, Concession Supervisor, Mini Golf Supervisor, Concession Supervisor, Pool Night Watch, and Special Facilities Coordinator. 4. The SP6.1 L pay grade will be removed. This pay grade was created in 2008 when the Liquor Sales Associate position was downgraded from an SP7-NE. Since 2009 all new Liquor Sales Associates were hired at the SP6-NE rate and any employee at a SP6.1-L has been reclassified as a SP6-NE. 5. The other significant change to the Specialized Pay Plan is the normal progression through the plan. Currently, an active employee, after 1 year of service, moves from Step 1 to Step 2, with a total of 4 steps. Staff is now recommending only employees who work a minimum of 500 hours per year can -move to their next respected step or wait a total of 2 years before the next step can be reached. III. BASIS OF RECOMMENDATION A. POLICY • The City periodically conducts an analysis of its pay rates in order to ensure_it meets its goal of staying in the middle of the pay ranges for similar metro communities and operations. Based upon these evaluations and the data collected, the City makes upwards or downwards adjustments to its pay rates. The recent analysis of various seasonal and intermittent pay rates indicates the need for a downward adjustment in several areas except Administrative Services Clerk in order to be more in line with other similar cities. B. CRITICAL ISSUES • In order to make these pay plan adjustments, Council action on May 10, 2011 is necessary. • The effective date is in concurrence with the summer hiring process and the yearly evaluation schedule, which delays implementation to July 1. C. FINANCIAL • Zero percent wage increase for 2011. • The recommended pay rate changes are expected to bring the seasonal and intermittent positions into an appropriate pay comparison with other Stanton 5 cities. D. LEGAL • None. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION~S~ • The City Council could decide not to adopt this resolution. However, current pay rates are considerably higher than those of similar sized cities. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~~ ! l RESOLUTION NO. RESOLUTION RELATING TO THE JULY 2011 SPECIALIZED PAY PLAN WHEREAS, Section 310.17 of the Ordinance Code of the City of Richfield provides that the pay grades, the number of steps or range of each pay grade, the compensation rates in each pay grade and the method of normal progression through the pay grade be established by Council resolution; and WHEREAS, the City administration has prepared a 2011 pay plan for the positions for which there are no essentially similar position classification in other regular pay plans. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 2011 the following- pay plan which is to be effective July 1, 2011 and subject to the provisions of the personnel rules and regulations ordinance: 2011 SPECIALIZED PAY PLAN INTERMITTENT AND SEASONAL Pay Grade Step 1 Step 2 Step 3 -Step 4 SP1-E/NE HR 7.24 7.60 7.91 8.32 SP2-E/NE HR 7.98 8.35 8.75 9.20 SP3-E/NE HR 8.59 9.01 9.48 9.96 SP4-E/NE HR 9.29 9.77 10.25 10.75 SP5-E/NE HR 10.01 10.55 11.04 11.60 SP6-E/NE HR 10.85 1.1.39 11.94 12.54 SP7-E/NE HR 11.69 12.28 12.89 13.51 SP8-E/NE HR 12.62 13.27 13.92 14.61 SP9-E/NE HR 13.64 14.35 15.03 15.78 SP10-E/NE HR 14.77 15.48 16.28 17.11 SP11-E/NE HR 15.87 16.72 17.55 18.41 SP12-E/NE HR 17.21 18.02 18.92 19.91 SP13-E/NE HR 18.43 19.42 20.42. 21.47 ~~ Normal Progression Through the Specialized Pay Plan Individual employees will be eligible to received increases to the next higher-grade step based on individual performance and the following progression: Step 1 -Start Step 2 -Minimum 500 hours worked per year from anniversary start date or two years from anniversary date Step 3 -Minimum 500 hours worked per year from anniversary date or two years from last increase. Step 4 -Minimum 500 hours worked per year from anniversary date or two years from last increase Passed by the City Council of the City of Richfield, Minnesota this 10th day of May 2011. Debbie Goettel Mayor ATTEST: Nancy Gibbs City Clerk ~A--'~ 1 E Cross Walk Attendant E Student Intern 11 NE Community Relations Coordinator 2 3 NE Bike Patrol Officer E Facility Rental Attendant NE Recreation Attendant E Cashier/Concession 4 NE Dance Coordinator & Skate Coordinator NE Winter Sports Attendant 5 NE Adaptive Assistant NE Custodian NE Professionallntern NE Survey Crew Person NE Adaptive Leader/Specialist NE Lead Concession 6 NE Receptionist NE _ Teeri Leader NE Liquor Sales Associate E Lifeguard E Outdoor Skating/Warming House Supv E Playground Leader NE Building Attendant 7 NE Accounting Clerk NE Construction Specialist NE Housing Intern NE Ice Resurfacer/Supervisor NE Maintenance Laborer NE Naturalist I NE Video Production Assistant NE Zamboni Operator 12 E Pool Coordinator 13 NE 911 Dispatcher Instructors NE Building Inspector NE Figure Skating NE Hockey (Arena) NE Housing & Redevelopment Tech. NE Sports Official NE Substitute Naturalist NE Dance E Cross Country Ski E Hockey (outside) E Tennis E WSI OTHER Instructor's Range: $5.75 - $50 Election Judge $9.00 Election Co-Chair $9.50 Election Chairperson $10.00 NE=Non-Exempt, may work up to 40 hours per week without overtime pay. E-Exempt may work up to 48 hours per week without overtime pay. All Pool positions are exempt from overtime, even Concessions. All Playground and outdoor Rink positions are exempt. All Community Center, Wood Lake Nature Center, Ice Arena and Maintenance positions are non-exempt. (Revised 5-11) 8 NE Adaptive Coordinator NE Clerk Typist -Int. & Substitute NE Construction Inspector NE Farmers Market Coordinator NE Publication Supervisor . NE Teen Coordinator E Maintenance Technician E Playground Coordinator E Tennis Coordinator 9 NE Community Development Tech. NE Administrative Services Clerk E Pool Supervisor 10 NE Engineering Aide AGENDA SECTION: CONSENT AGENDA ITEM # 6B REPORT # 94 J STAFF REPORT CITY COUNCIL MEETING MAY 10, 2011 KAREN BARYON, COMMUNITY REPORT PREPARED BY: DEVELOPMENT ASSISTANT DIRECTOR Na,~rr:. TiTtE DEPARTMENT DIRECTOR REVIEW REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution supporting the submittal of an application to the Minnesota Department of Employment and Economic Development (DEED) for Contamination Investigation and Response Action Plan Development Grant Funds at the former Lyndale Garden Center site, 6400 Lyndale Avenue. I. RECOMMENDED ACTION: By Motion: Adopt the Resolution supporting the submittal of an application to the Minnesota Department of Employment and Economic Development (DEED) for Contamination Investigation and Response Action Plan Development Grant Funds at the former Lyndale Garden Center site, 6400 Lyndale Avenue. IL BACKGROUND The Lyndale Garden Center Property is currently owned by Rancho Richfield LLC and consists of approximately nine acres of land currently zoned for commercial use. The property is vacant and has been since the Lyndale Garden Center ceased operations in 2005. The property has been developed since prior to the 1950's for commercial and residential use. Prior to the property being developed for commercial retail use, a portion of the property was used for illegal dumping. Areas primarily along the western side of the property were low lying/wetland areas that have been filled in 05102011 Lyndale Garden Ctr DEED Grant App Resolution1 with soil and debris, reportedly including concrete, building materials, railroad ties, etc. The property is currently occupied by one building that is roughly 42,500 square feet, including approximately 12, 500 square feet of greenhouse space. The building is in a significant state of deterioration of both the exterior and the interior. In early 2011, The Cornerstone Group secured a purchase agreement with Rancho Richfield LLC for the purchase of the property. As part of the purchase of the property The Cornerstone Group hired Landmark Environmental LLC to conduct the Phase I Environmental Site Assessment to evaluate-the potential for subsurface contaminants that resulted from previous land use activities. The report indicated the likelihood of subsurface contaminants and recommended further investigation. In order to bring the contaminated land back into productive use, the property has been enrolled in the Minnesota Pollution Control Agency's Voluntary Investigation and Cleanup (VIC) program. VIC provides technical assistance and legal assurances for individuals or businesses seeking to investigate or cleanup contaminated property. As part of the VIC program, the developer is required to further investigate the soil contamination and determine the extent of the contamination and the appropriate action to take (monitor or cleanup). To assist in the financial aspect of the investigation and any potential cleanup of the property, DEED offers a grant program for the investigation and cleanup. of contaminants. It is necessary to submit an application to access funds to assist with the investigation and potential cleanup. The grant requires a local match of 25% of the costs, which The Cornerstone Group has pledged, and a resolution indicating the City Councils support of the application. III. BASIS OF RECOMMENDATION A. POLICY • It is prudent to seek outside funding whenever practical B. CRITICAL TIMING ISSUES • The Developer's purchase agreement specifies a closing in August 2011 The DEED grant application was due May 2, 2011. C. FINANCIAL • Not completing the investigation and cleanup could make the redevelopment more expensive. • A local match of 25% is required. The Developer has pledged this match. D. LEGAL • The program guidelines for this grant require the City Council to pass a resolution in support of the application. E. ENVIRONMENTAL CONSIDERATIONS • Funding will aid in the determination of contaminates on the property which then can subsequently be remediated. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve application and direct staff to withdraw application. V. ATTACHMENTS • Resolution authorizing application to DEED for a. Contamination Investigation and Response Action Plan Development Grant Funds for 6400 Lyndale Avenue. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A ~n$ - ~ RESOLUTION NO. RESOLUTION AFFIRMING AND RATIFYING CITY'S STAFF SUBMITTAL OF AN APPLICATION AND COMMITTING LOCAL MATCH AND AUTHORIZING CONTRACT SIGNATURE TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT (DEED) FOR CONTAMINATION INVESTIGATION AND RESPONSE ACTION PLAN DEVELOPMENT GRANT FUNDS FOR 6400. LYNDALE AVENUE WHEREAS, the City of Richfield (the "City") is a city located within Hennepin County and is therefore eligible to access the contamination Investigation and Response Action Plan Development Grant Fund; and WHEREAS, the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and NOW, BE IT RESOLVED, that the City of Richfield act as the legal sponsor for the project contained in the Contamination Cleanup Grant Program submitted on May 2, 2011 and that the City Manager is hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Richfield; and BE IT FURTHER RESOLVED, that the City of Richfield has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration; and BE IT FURTHER RESOLVED, that the sources and amounts of the local match identified in the application are committed to the project identified; and BE IT FURTHER RESOLVED, that the City of Richfield has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice, and BE IT FURTHER RESOLVED, that upon approval of its application by the State, the City. of Richfield may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that the City of Richfield certifies that it will comply with all applicable laws and regulation as stated in all contract agreements; and NOW, THEREFORE BE IT FINALLY RESOLVED, that the City Manager is hereby authorized to execute such agreements as are necessary to implement the project on . behalf of the applicant. Adopted by the City Council of the City of Richfield, Minnesota this10th day of May, 2011. Debbie Goettel, Mayor ATTEST: ncy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 6C REPORT # 95 STAFF REPORT CITY COUNCIL MEETING MAY 10, 2011 KAREN BARYON, COMMUNITY REPORT PREPARED BY: DEVELOPMENT ASSISTANT DIRECTOR rr,,..,n 'r„~. r DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution supporting the submittal of an application to the Metropolitan Council Livable Communities Tax Base Revitalization Account grant program for contamination site investigation at the former Lyndale Garden Center site, 6400 Lyndale Avenue. RECOMMENDED ACTION: By Motion: Adopt the Resolution supporting the submittal of an application to the Metropolitan Council Livable Communities Tax Base Revitalization Account grant program for contamination site investigation at 6400 Lyndale Avenue. II. BACKGROUND The Lyndale Garden Center property is currently owned by Rancho Richfield LLC and consists of approximately nine acres of land currently zoned for commercial use. The property is vacant and has been since the Lyndale Garden Center ceased operations in 2005. The property has been developed since prior to the 1950's for commercial and residential use. Prior to the property being developed for commercial retail use, a portion of the property was used for illegal dumping. Areas primarily along the western side of the property were low lying/wetland areas that have been filled in 05102011 -Lyndale Garden Ctr TBRA Grant App Resolution1 with soil and debris, reportedly including concrete, building materials, railroad ties, etc. The property is currently occupied by one building that is roughly 42,500 square feet, including approximately 12,500 square feet of greenhouse space. The building is in a significant state of deterioration of both the exterior and the interior. fn early 2011, The Cornerstone Group secured a purchase agreement with Rancho Richfield LLC for the purchase of the property. As part of the purchase of the property, The Cornerstone Group hired Landmark Environmental LLC to conduct the Phase I Environmental Site Assessment to evaluate the potential for subsurface contaminants that resulted from previous land use activities. The report indicated the likelihood of subsurface contaminants and recommended further investigation. Irr order to bring the contaminated land back into productive use, the property has been enrolled in the Minnesota Pollution Control Agency's Voluntary Investigation and Cleanup (VIC) program. VIC provides technical assistance and legal assurances for individuals or businesses seeking to investigate or cleanup contaminated property. As part of the VIC program, the developer is required to further investigate the soil contamination and determine the extent of the contamination and the appropriate action to take (monitor or cleanup). To assist in the financial aspect of the investigation and any potential cleanup of the property the Metropolitan Council offers a Tax Base Revitalization Account (TBRA) grant program for the investigation and cleanup of contaminants. It is necessary to submit an application to access funds to assist with the investigation and potential cleanup. The grant requires a resolution indicating the City Council's support of the application. III. BASIS OF RECOMMENDATION A. POLICY • It is prudent to seek outside funding whenever practical. $. CRITICAL TIMING ISSUES • The Developer's purchase agreement specifies a closing in August 2011. • Metropolitan Council Tax Base Revitalization Account (TBRA) grant applications were due May 2, 2011. C. FINANCIAL • Not completing the investigation and cleanup could make the redevelopment more expensive. • A local match of 25% is required. The Developer has pledged this match. D. LEGAL • The program guidelines for this grant require the City Council to pass a resolution in support of the application. E. ENVIRONMENTAL CONSIDERATIONS • Funding will aid in the determination of contaminates on the property which then can subsequently be remediated. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve application and direct staff to withdraw application. V. ATTACHMENTS • Resolution authorizing application to Metropolitan Council for a TBRA Grant for 6400 Lyndale Avenue. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A ~c-1 RESOLUTION NO. RESOLUTION AFFIRMING AND RATIFYING CITY'S STAFF SUBMITTAL OF AN APPLICATION AND AUTHORIZING CONTRACT SIGNATURE TO THE METROPOLITAN COUNCIL LIVABLE COMMUNITIES TAX BASE REVITALIZATION ACCOUNT GRANT FUNDS FOR 6400 LYNDALE AVENUE WHEREAS, the City of Richfield is a participant in the Livable Communities Act's Local Housing Incentives Account Program for 2011 as determined by the Metropolitan Council, and is therefore eligible to make application apply for funds under the Tax Base Revitalization Account; and WHEREAS, the City has identified a contamination clean-up project within the City that meets the Tax Base Revitalization Account's purpose/s and criteria; and WHEREAS, the City has the institutional, managerial and financial capability to ensure adequate project and grant administration; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the contract grant agreements; and WHEREAS, the City seeks funding assistance to conduct the required contamination site investigation and subsequently aid in returning the land to productive economic use; and BE IT FURTHER RESOLVED, that if the City is awarded a Tax Base Revitalization Account grant for this project, the City Council of Richfield, Minnesota acknowledges it will be the grantee and agrees to act as legal sponsor administer and be responsible for grant funds expended for the project contained in the Tax Base Revitalization grant application submitted on May 2, 2011. NOW, THEREFORE BE IT FINALLY RESOLVED, that the City Manager is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. Adopted by the City Council of the City of Richfield, Minnesota this10th day of May, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 6D REPORT # 96 STAFF REPORT CITY COUNCIL MEETING MAY 10, 2011 REPORT PREPARED BY: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Accept the change order report for the Richfield Municipal Project for an aggregate net effect of $12,508 in items included in the project budget. L RECOMMENDED ACTION: By Motion: Accept the Richfield Municipal Center change order report for an aggregate net effect of $12,508 in items included within the project budget. __ IL 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 since the April 12, 2011 City Council meeting. Some change orders represent an increase to the originally awarded contract and some represent a decrease. The aggregate net effect of the change orders before the Council on May 10, 2011 is $12,508. All of the change orders are budgeted items. Total net project change orders to- date is $291,422. 0510change orders PAM DMYTRENKO, 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. C. FINANCIAL • . The change orders before the Council for review on May 10, -2011 represent a net effect of $12,508 for budgeted items. • Total net project change orders to-date is $291,422. D. LEGAL • NA E. ENVIRONMENTAL CONSIDERATIONS • NA IV. ALTERNATIVE RECOMMENDATION~S~ • None V. .ATTACHMENTS • Richfield Municipal Center Change Order Log VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None Lo ~ ~ + 0 U C _ (0 O N ~ L ~ ,~ U .Q v ~ a c ~ ~ C ~ V ~ _ ~ ~ (~ ~ O aS Q ~ J fA H ~ ~ c ~ U ~ '- v c o _ Q ~ ~ C ~ U - Q J y U z = ~ ~. f6 ~ ~` J ~ U o ~ ~ a~i U c u~ O ~ ~ vi .fl c C c ~ p U Q U ~ inin Q > > Q > Q '''~ O O o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O co d' d' o CO ~ri O o M c~ CO ti M o N ~ O tt C4 ~ ~ N OD M M ~ Q M N M ~ N r L O) J 3 0 0 m o ~' o ~ ~ _ o N T U > m ~ d ~ ,~ ~ ~ ~ v ` M CA ~ N d Q .(6 ..r C •V . o ~ .~ c o c ~ p Q o 0 o ~ O ~ N m a~i Q (6 ~ m r ,Q- -Y U ~ d ~ ~ v m m c - > N W ~. -gyp V m U L ~~ d ~ ~ Q ° 0 ~ 3 ~ U ~ Q ~ m m ~ ~ ~ J ~ c ~ ~p ~ ~- c °' c o E U O ~ ~ .N O o ~ C a Q Q ~ ~ m ~ ~ N o ~ °~ 'Y ~n L ~~ u1 z ~ ~° U o m m ~ -°'a > m U O L ~ N C L o ~ ~ ~> ~ T o m to ~ ~ o m ~ f0 = U ~ O Q- (6 U .m Sri () U c6 ~ ~ t=6 _ ~~ U ~ o O N d~ ° ~ ~ C ° :Y _ U ~ V c ~ E U as E > "O "~ _ ~ N U ¢ °~ ~ Q Q ~ Z F- cn ~ oO ti M ti f~ ~ O~ W O M ~ ~ ~ a ~ Q' d' O ~ ~' r N N O H O 00 O h ti W U J L d L Q d a C s U AGENDA SECTION: CONSENT AGENDA ITEM # 6E REPORT # 97 STAFF REPORT CITY COUNCIL MEETING MAY 10, 2011 TODD SANDELL, DEPUTY DIRECTOR REPORT PREPARED BY: OF PUBLIC SAFETY/DEPUTY CHIEF OF POLICE NAME, T/TLF_ DEPARTMENT DIRECTOR REVIEW: - ~ IGNATURE REVIEWED BY CITY /~ - . _ _ _ _- MANAGER: Di _ J/ ITEM FOR COUNCIL CONSIDERATION: Consideration of adopting BCA's new Master Joint Powers Agreement (JPA). I. RECOMMENDED ACTION: By Motion: Approve the attached resolution adopting the Bureau of Criminal Apprehension's (BCA's) new Master Joint Powers Agreement with Richfield Public Safety/Police. II. BACKGROUND Minnesota State Statute §299C.46 states that the BCA must provide a criminal justice data communications network to benefit criminal justice agencies in Minnesota. The agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in the Joint Powers Agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit criminal justice agencies in performing their duties, and the agency wants to access these data in support of its criminal justice duties. 051011 Resolution Adopting BCA's New Master Joint Powers Agreement III. BASIS OF RECOMMENDATION A. POLICY • Department has previously been a part of a Joint Powers Agreement with the State of Minnesota, Dept. of Public Safety, Bureau of Criminal Apprehension. • BCA will provide Richfield Police with access to the Minnesota Criminal Justice Data Communications Network (CJDN). • Access to the BCA's data is a necessary part of the operations of the Richfield Public Safety Department/Police. B. CRITICAL TIMING ISSUES • This agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.46, Subdv. 2, and expires five (5) years from the date it is effective. C. FINANCIAL • The department agrees to pay BCA for the access to the data in the amount of $630 quarterly or $2,520 per year. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Council could disapprove the resolution; however, the BCA must provide this service to agencies as noted in paragraph one under Background and State Statute §299C.46, and Richfield Public Safety/Police is authorized by law to utilize the criminal justice data communications network. V. ATTACHMENTS • Resolution for the State of Minnesota Joint Powers Agreement, Criminal Justice Agency VI. PRINCII'AL PARTIES EXPECTED AT MEETING • N/A ~~ -i RESOLUTION NO. RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENT WITH THE CITY OF RICHFIELD ON BEHALF OF .ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Richfield on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible; and, WHEREAS, The Joint Powers Agreement further provides the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Richfield, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Richfield on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it. 2. That Deputy Chief Todd Sandell, or his successor, is designated the Authorized Representative for,. the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Elaine Elsen, Records Management Supervisor, or her successor, is appointed as the Authorized Representative's designee. 3. That Attorney Martin Costello, or his successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems.and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Attorney John Dillon is appointed as the Authorized Representative's designee. 4. That Debbie Goettel, the Mayor for the City of Richfield, and Nancy Gibbs, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the City Council of the City of Richfield on this 10th day of May, 2011. CITY OF RICHFIELD By: Debbie Goettel Mayor ATTEST: Nancy Gibbs City Clerk -J ~~_ -a DPS- M-1168 MN0271800 STATE OF MINNESOTA JOINT POWERS AGREEMENT CRIMINAL JUSTICE AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ("BCA") and City of Richfield on behalf of its Police Department ("Agency"). Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in such agreements as are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit criminal justice agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit criminal justice agencies in performing their duties. Agency wants to access these data in support of its criminal justice duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-computer system interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors inay use any of these methods to use BCA's systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA will provide Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. ~~ -3 DPS- M-1168 MN0271800 2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre- employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at www.dps. state.mn.us/cj dn/. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https•//sps x state mn us/sites/bcaservicecatalo~/default.aspx. 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency's written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function needs to be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk(a~state.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA's. transaction record meets FBI-CJIS requirements. When Agency's method of access is a computer to computer interface as described in Clause 2.2C, the Agency must keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. (oE - ~I DPS- M-1168 MN0271800 If an Agency accesses and maintains data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety, Agency must have a transaction record of all access to the data that are maintained. The transaction record must include the individual user who requested access, and the date, tune and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and/or submission of the Court Records delivered through the BCA systems and tools. 3 Payment The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn. Stat. § 299C.46 as specified in this Agreement. The bills are sent quarterly for the amount of six hundred thirty dollars ($630.00) or a total annual cost of two thousand five hundred twenty dollars ($2,520.00). Agency will identify its contact person for billing purposes, and will provide updated information to BCA's Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, or her successor. The Agency's Authorized Representative is Todd Sandell, Deputy Chief, 6700 Portland Ave S, Richfield, MN 55423, (612) 861-9800, or his/her successor. Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, or their successors in office. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract CompCete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency's liability.- (~~ - S DPS- M-1168 MN0271800 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6:551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the.Agency's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Govermnent Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of Minn. Stat. § § 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause, "Individual User" means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal law, state law, and policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. 9.2.1 For BCA systems and tools that are not covered by'the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must-report 4 l~~ DPS- M-1168 MN0271800 the status of the Individual User's access to BCA without delay. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access maybe made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Facnding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. ~E -~1 DPS- M-1168 MN0271800 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and lO.Venue. The parties inclicate their agreement and authority to execute this Agreement by signing below. 1. STATE ENCUMBRANCE VERIFICATION 3. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF Individual ceriifzes that funds have been e~zcumbered as required CRIMINAL APPREHENSION by Minn. Stat. §§ 16A.15 and 16C.05. Name: Name: (PRINTED) (PRINTED) Signed: Date: CFMS Contract No. A- 2. AGENCY Name: (PRINTED) Signed: Title: (with delegated authority) Date: Name: (PRINTED) Signed: Title: (with delegated authority) Signed: Title: (with delegated authority) Date: 4. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: _ Date: Date: 6 (off- - 8 RESOLUTION NO. RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENT WITH THE CITY OF RICHFIELD ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Richfield on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible; and, WHEREAS, The Joint Powers Agreement further provides the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Richfield, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Richfield on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it. 2. That the -[title] -, -[name) , or his or her successor, is designated the- Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, [-name or position name] is appointed as the Authorized Representative's designee. 3. That the _[title] -, _[name] , or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, [-name or position name] is appointed as the Authorized Representative's designee. 4. That -, the Mayor for the City of ,and City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Council on this day of CITY OF By: [name of mayor] Its Mayor the ATTEST:_ By: [name] Its City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 6F REPORT # 98 STAFF REPORT CITY COUNCIL MEETING MAY 10, 2011 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW REVIEWED BY CITY MANAGER: DAVE CONRADS, ITEM FOR COUNCIL CONSIDERATION: Consideration of the award of contract for the Richfield City Hall abatement project. RECOMMENDED ACTION: • By Motion: Accept the bids and award contract to JC Environmental & Demolition Inc., in the amount of $83,000, for the Richfield City Hall abatement project. II. BACKGROUND On Apri128, 2011, bids were opened for the lead and asbestos abatement of the current Richfield City Hall. A total of six bidders submitted bids after a mandatory work-through of the site. The bid specs were prepared by Angstrom Analytical & Environmental Services. After bids were received and opened, Angstrom Analytical reviewed all bids and determined that the low bidder met all qualifications. III. BASIS OF RECOMMENDATION A. POLICY • Per City Ordinance, the ad for bids was published in the Sun Current on April 7, 2011 and bid openings were held on April 28, 2011. • The recommended contractor is the lowest responsible bidder and is an established contractor that meets all of the City's requirements. BUILDING MAINTENANCE SUPVR. Under the City's Purchasing and Spending Authority policy, contracts estimated to have a value over $100,000 require that sealed bids be solicited through public notice. $. CRITICAL TIMING ISSUES • Approval of the recommended contract is crucial to meeting the "timeline for the demolition of the City Hall building and subsequent construction of the new parking lot. C. FnvANCIAL • The contract being recommended for award on May 10, 2011 is valued at $83,000 and is well within the anticipated cost for this scope of work. D. LEGAL • All contracts that exceed $25,000 require Council approval. • Contracts estimated in value between $25,000 to $100,000 can be made either by sealed bids or by direct negotiation based on quotes. • All contracts over $100,000 require that sealed bids be solicited by public notice. E. ENVIRONMENTAL CONSIDERATIONS • Environmental considerations have been made in all aspects of project planning and meet State guideliries. IV. ALTERNATIVE RECOMMENDATION(S~ _ • Council may chose to reject all of the bids and direct staff to obtain new bids. However, re-bids will likely delay the critical abatement and demolition timeline. V. ATTACxMENTS • Bid tabulation VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None expected C~~-~ CITY OF RICHFIELD, MINNESOTA Bid Opening April 28, 2011 2:00 p.m. Asbestos and lead abatement of existing Richfield City Hall Bid No. 11-03 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for asbestos and lead abatement of existing Richfield City Hall (6700 Portland Avenue), as advertised in the official newspaper on April 7, 201.1. Present: Nancy Gibbs, City Clerk Dave Conrads, Building Maintenance Supervisor Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Bidder's Name Bid Bond TOTAL MAVO Systems X $159,460. Sterling Systems, Inc. X $148,500 JC Environmental X $83,000 Environmental Plant Services X $137,420 Lindstrom Environmental, Inc. X $174,000 VCI -Environmental Inc. X $107,250 The City Clerk announced that the bids would be tabulated and considered at the May 10, 2011 Regular City Council Meeting.. Nancy Gibbs City Clerk ~~ c 0 +~ ~ ~ ~ ~ o N 1- 0\0 -p N fd ~~ U N i. d ~+ C N C ~ N c-I (~Q "~ d' ~ ~ L() Q ~ _ ~ czc ~ ~ G = Y f6 Ll1 a~j "~ i O U ~ a O ~ N .~ N N U 7 ~ ~ O N J v O N ~ O N ~ '~ 1# ~ O ,4 ~ ~ ~~ M y~ ~ `~ ~~ 0 0 0 0 0 0 I~ O N O LA O O .-~ v d- m ~t ~ ~n d~ ~t F- ~ ~ an s c N . ~ U O 0 O O ~ d U N Ol 0 }, ~ ~ N N M M M M M LL i (6 N O c O G i/} '(/~ i/} i/? i/} iJ} '(/} 4A 0 0 0 0 0 0 tD m 0 0 0 0 0 0 CD t O f6 N N m M 00 lD 00 1~ W O ~ i/} i/} {/} V? i1~ .V} i/? 0 0 0 0 0 0 c-I ~ O ~ O O i11 u'f . Ol ~ +'' N I~ Gf' Ln lD l0 lD a.=, ~ ~ ~ (6 N ~ v O ~ LL ~ ~ Q a0 A ~- ~- T A T Z I .~ 00 O O O O O O O 0 0 0 0 0 0 O -p 0 O O O O O M m 0 N l D O ~ L11 'cY O Q1 N `~ ~ 00 O M 'cf' t!1 I~ M CD c1 c-1 ci c-i c-I c-1 ~ ~ CC C ~ ~ - N .c O o ~ ~ U U ~ L Q N 7 ~ ~ ~ W N ~ ~ 00 V m ~ N Q AGENDA SECTION AGENDA ITEM # REPORT # ~~' STAFF REPORT -CITY COUNCIL MEETING MAY 10, 2011 CONSENT 6G 99 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: DERICK ANDERSON, CIVIL ENGINEER ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract for the 2011 Pavement Management Project. I. RECOMMENDED ACTION: By Motion: Accept the bid minutes/tabulation and award contract for 2011 Sealcoating work to Pearson Bros. Inc. in the sum of $388.539.08. II. BACKGROUND The pavement management program was implemented in 1988. That policy direction was set to improve the quality of the roads within the City and maintain an acceptable roadway system for residents. Committing to and continuing the preventive maintenance program is essential to delay the high costs associated with the deterioration of the streets to the point of major repair. Sealcoating has been the leading cost-effective technique for slowing the deterioration of our residential streets. The sealcoating process involves applying a thin coat of emulsified oil, and then covering it with 1/8" minus, Dresser Trap Rock. The City switched aggregate to trap rock in place of FA2 "buckshot" in 2011 for better performance and longer lifespan of the sealcoat. The franchise fee implemented in 2004 provides the funding for the City's Pavement Management Program. 051011 Pavement Mgmt III. BASIS OF RECOMMENDATION A. POLICY • In 1995, Council initiated an accelerated street maintenance program. The program includes sealcoating for all City streets in five-year cycles, asphalt crack repair, and asphalt mill and overlay when needed. B. CRITICAL TIMING ISSUES • Regular preventive maintenance techniques, such as sealcoating and mill and overly, delay costly reconstruction projects. C. FINANCIAL • The cost of oil used for sealcoating has remained steady since 2009. Starting in 2011, the aggregate used is the more expensive 1/8" minus Class A Trap Rock in place of the Class C, FA2 used in previous years. A recent history of bid prices for sealcoating is: Year Bid Price Rock Bid Price Oil Contractor 2005 $20.00 $0.86 Pearson Brothers 2006 $21.52 $1.39 Pearson Brothers 2007 $25.35 $1.76 Pearson Brothers 2009 $27.00 $2.15 Pearson Brothers 2011 $40.00* $2.19 Pearson Brothers *Trap rock is specified in place of buckshot for better performance and longer life span. Funding for sealcoating is provided by the City's Franchise Fees and is in the 2011 Street Maintenance Budget, line item 6315 (Other Conractual Services) D. LEGAL • When the amount of purchase is estimated to exceed $100,000, 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 all contracts was published in the Richfield Sun-Current on April 14, 2011 and in the Construction Bulletin on April 18, 2011. • The City has followed the competitive bid process and should award -the contract to the lowest responsible bidder. • Bid openings were held on April 28, 2011. A copy of the bid tabulations for the sealcoating contract is attached. E. ENVIRONMENTAL CONSIDERATIONS • N/A 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 are 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 • A copy of the April 28, 2011 sealcoating bid tabulation. • A map depicting the 2011 sealcoating project area. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None Q H W Z CZ C W LL V O ~_ V T .Q O Q N ~ '~_ 'i O m Q ~ r r O N O O _U N d., ~ O N ' O ~E z DO DO Y L _~ U N ~p ~_ U ~ vi ~ p ~_ o U (~ U (/) C ~ f0 ~ Z O ~ ,c E ~ ~ 00 U ~ N O R5 ~_ ~ ~ ~ ~ ~ ~ O O > ~ .~ N (n L •~ •~ ~O O j ~ U ~ ~ 0 ~ r ~ ~ O t(j ~ N ~ O) o~~ a~ -_ O O ~L Z EQ c N c ~ O ~ o o ~ ~NCa ~ °Q ~ aH L O ~ N ~ N - N''r'U ~ ~ ... ~ O .~ ~ U ~ C .~ O ~ ~ a--~ O ~~~ i O ~ ~ ~ ~ a ~ ca Q N N L (0 ~ Y ~ . N ~, ~ UVW _~ U NU O ~ ~ ~ L (~ Y ~ c a~i ~ (Q .~ N ZU~ c N 0 ca (6 ca E N ~_ O C O 0 N t H oD o N ~ M ~ O ~ ~ 0 ~ 0 0 N ~ Ef} ~ ~ ~ m .> ~ .~ '~ ~ 0 0 m a ~ Z v ~ _~ L _ p L Z ~_ m O ~./ iY1 ~ ~ U O O N ~ L m ~ i O ~ ~ N (~ ~ 2 ~ ~ Q ~ c a~ ~U C O U U O N O f6 N O U .O C Rf N _~ tB N ~_ m c~'a N U C O c C Y N _~ U N H Y N U .,A U .Q .O U Z AGENDA SECTION: CONSENT AGENDA ITEM # 6H REPORT # 100 STAFF REPORT CITY COUNCIL MEETING MAY 10, 2011 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR N~r~, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration to approve the attached Community Garden Plots Lease Agreement. I. RECOMMENDED ACTION: By Motion: Approve the-attached Community Garden Plots Lease Agreement with the Minneapolis -Saint Paul Metropolitan Airports Commission. II. BACKGROUND The City of Richfield has leased land and an adjoining parking- lot from the Minneapolis -Saint Paul Metropolitan Airports Commission (MAC) to use as a community garden for the past 10 years. The lease has expired and MAC has prepared a new one. The main change in the new agreement is that MAC is charging the City a yearly rent in the amount of $208.75 with a 3% annual increase thereafter. MAC has incorporated a rent into the lease to fulfill new requirements set forth by the Federal Aviation Administration. The term of the lease is 3 years. IIL, BASIS OF RECOMMENDATION A. POLICY ~ • Contracts and agreements of this type are typically reviewed and considered by City Council 051011 Community Garden Plots Lease Agreement B. CRITICAL TIMING ISSUES • The gardening season begins in May. C. FINANCIAL • The first year rental fee of $208.75 will be funded out of the proceeds of Wood Lake Nature Center's Community Garden Program Operating Budget. Rental fees in subsequent years will be offset by increases in participant fees, (about $1.20 per plot). D. LEGAL The City Attorney has reviewed the attached agreement. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S~ • Staff believes that the new rental fee is reasonable and will -have minimal impact on the program. However, the Council may chose not to approve .the Agreement and discontinue the program or find another location. V. ATTACHMENTS • Community Garden Plots Lease Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None to ~C31~IMUNITY GARDEN PI~~TS LEASE AGREEMENT ~, ,y' ~f ~~ fl~ ~~ ~~y ~` z a f~ o~ G Minneapolis-St. Paul International Airpoz-~ MARCH X011 ~~ (O ~ ~ o~- COMMUNITY GARDEN PLOTS LEASE AGREEMENT THIS COMMUNITY GARDEN PLOTS LEASE AGREEMENT ("Lease"~ was made this ,.__ day of , 2011 between the Metropolitan Airports Commission ("Camrt~ission"}, a public corporation of the State of Minnesota., as Lessor, and the City of Richfefd, 6700 Portland Ave, Richfield, MN 55423 ("City„~, as Lessee< WITNESSETH: WHEREAS, the Commission has determined that it currently has na specific airport use suitable far the property described in this Lease and is authorized. to lease ar license the property for compatible uses; and WHEREAS, the City leased the property as .shown on attached Exhibit A from the Commission pursuant to a license dated October 4, 1909; and WHEREAS, the City desires to continue to lease the property, including nonexclusive use of a portion of the adjacent parking area, to operate. community garden plats orl the property; and WHEREAS, the Commission has determined that the authorized uses under this Lease would not interfere with airport operations; and WHEREAS, The City and commission .desire to terminate the license dated. October 4, 1999, and replace ft with tht`s Lease; and WHEREAS, Commission is willing to lease the property to the City upon the terms and conditions of this Lease, which has been approved by the Commission an March 2i, 2011.. NOW THEREFORE, in consideration of the mutual covenants hereinafter stated, the parties hereto agree as follows: ~. PROPERTY. The Commission grants to City a .lease to occupy and use, subject to the terms and conditions stated herein, a portion of the. lands .located at 5844 28~~' Avenue South, City of Nfinneapolis constituting the Minneapolis-St. Pouf International Airport.:("Airport"~ in Hennepin County, Minnesota, tataiing 1.67 acres, as Shawn an attached sketch ("Premises"}. 2. -USE.. The Premises may be occupied and used by the City far recreational purposes as fellows: Solely for the aperat`ran of community garden plots, C~~-3 Use of the Premises hereunder and improvements made in furtherance of such use shall at all :times comply with clearance requirements under FAA regulations and state :zoning requirements. At its own expense, Tenant may make minor improvements to the :Premises such as tiding soil and installing water spigats. Major improvements may only be made with the prior written approval of MAC. Tenant may use the Premises onfy for community gardens and related projects and will not occupy the Premises for other purposes without the permission of the Commission. The parking lot located on the Premises is accessible to tenant, .its employees, guests, or invitees on anon-exclusive basis while utilizing the Premises in conjunction with the community gardens program. The Tenant promises; (~.) .not to permit or allow -its employees, guests or ,invitees to act in an unruly, destructive, or thoughtless .manner.; Cz) not to permit use of the Premises in any way that is illegal or dangerous or that would cause a cancellation, restriction, or increase In premium in any insurance carried by the MAC on the Premises; (3:} .not to interfere in the management or operation of the .property immediately surrounding .the Premises. 3. TERM. The- Perm of this Lease shall be three (3} years, commencing April 1, 2011, The Prem-ices are subject to recapture by the Cornmissan upon six t~) months written notice to City, with no monetary compensation to the City. The City .may terminate- this Lease upon six (6} months written notice to the :Commission with no monetary compensation to the Commission. In the. event of termination or recapture, the City steall have 90 days within which to remove its property, equipment and fixtures located or placed thereon and to restore the 'Premises. to a condition acceptable to the Commission. Termination 'by either party may not become effective during the months of May through October. Renewal of this Lease will be based on a new determination by the Commission and the FAA that the property is not needed for exclusive aviation use during the proposed renewal period and that the use of the area for recreational ..purposes lees not conflict with. the safe operation of the airport. The City must .submit. a written request for renewal at .least 90 days prior to expiration of the -last year of the term of the agreement. Any renewal lease will be under [ease terms and conditions to be determined at the time of renewal, and at rental .rates to be determined at the time of renewal. ~N-4 Upon termination of this lease, Commission has no obligation to provide the Premises or any other Commission or Airport property to City, 4. ASSTGNMEIVT OF LEASE: The City shall .not assign or transfer this Lease, nor permit this lease to t~ecome transferred by operation of law or otherwise, nor do or suffer any acts to be done whereby the same may be or become assigned in whale or in part. The City shall not sublease the whole or any part of the Premises, 5. CONSTRUCTION AND MAINTENANCE. All .plans for the grading and construction of and relating to replacement of or alterations to the Premises, facilities or improvements shall require Commission staff review and approval, and in addition, :all expansion, construction, repair, replacement and alteration .plans must meet the requirements of the Federal and State regulatory agencies for clearance and protection of approaches in respect to the airport. Final design by City for the Premises -shall be subject to review nd approval by Commission for conformance with FAA and state rules and regulations and compatibility with airport operational requirements. All work shall be carried. on at such time or times and under such control as the Commission`s Airport Manager may impose to coordinate the same with the necessary continuous operation of -the airport. The City shall fence the Premises, according to Commission requirements, to prevent unauthorized access to the airport operational .areas. In addition, the City agrees to comply with the notification and review .requirements covered in Part 77 of the 1=ederal Aviation Regulations in the event -.any future structure or building is planned for the Premises, ar in the event of any planned modification or alteration of any present or future wilding or structure situated on the Premises. All work shall be completed at City's cost, and City shall notify Commission prior to continuing any -work if any foreseen or unforeseen environmental conditions exist or manifest; keep the Premises, this Lease and every improvement on the Premises free and clear from all liens for labor performed and materials fiurnished; and defend, at City's cost, each and every lien asserted or flied against the .land, any part thereof, or against this lease or any improvement on the .Premises and pay each and every judgment resulting from such lien. in addition to the monetary rent paid to the Commission, the City .shall, at all times and at no cost or expense to Commission, maintain the Premises and all improvements thereon in a neat and clean condition and in good repair and shall keep the .Premises free from debris, weeds .and erasion. The City shall not suffer or permit any waste or nuisance on the Premises and :shall permit no illegal acts or conduct thereon or such as will constitute a nuisance. C~~ - 5 6. RENT. As rent far -the Premises the City -shat[ .pay annually in advance an amount of $125,00 per acre for the first year, with a 3% annual escalator. See table below for annual rates. The rental rate must be consistent with any change made in the future to federal revenue diversion policy. Thus, the rental amount may be changed during the term of the Lease in order to maintain compliance with federal revenue diversion policy upon 180 days written notice from the Commission to the City. .20].1. $208J5 201 $215.00 ~~~~ - 221.46 City shall pay for all water, sanitary sewer, gas, electricity., telephone, refuse collection, and :storm sewer charges, environmental charges and fees, or other .similar charges used on or attributable to the Premises, together with any taxes, penalties, interest or surcharges associated with such utilities and charges.. City shall pay all applicable taxes (including, but not limited to, property taxes), assessments, license fees, regulatory fees and other charges, if any, imposed by any other governmental authority during the Term of this Lease .upon or related to the Premises, buildings, improvements or other property located thereon, or upon City`s use or occupancy, far whatever .term deemed applicable to City by that governmental authority. City shall pay these amounts without deduction or set-off against Rent to be paid under this Lease. 7. INSURANCE. The City agrees to indemnify and save harmless. the Commission from any and all claims or causes of action arising or claimed to .arise by reason of injury ar death to person or damage to property and arising out of or incidental to the Commission's grant to the City of this Lease or out of act ar omission of person or persons incident to use and occupancy of the .premises, The City shall either (i} maintain insurance, a standard term policy or policies of insurance in amounts as hereinafter set out against public liability, blanket contractual liability and property damage including personal and advertising and products liability, or (iij provide self insurance of equivalent protection.. Such policy of policies shad be in the amount of statutory limits provided by Minn.. Stat. 466.04, or as such statute may be amended or modified from time to time, which currently requires one million. five hundred thousand dollars (~I,500,00(l) per accident or occurrence or fsve .hundred thousand dollars ($500,00(1) per person. The general liability insurance shall name the City as insured and sha11 also Warne the Commission as additional insured by endorsement to the policy ar policies.. The City .also shall maintain statutory workers' compensation insurance or self insurance for ail employees performing work under this agreement. l0 ~ "' t0 Nothing in this Lease constitutes a waiver by fine City of any statutory or common law, ,defenses, immunities, or limits on liability. The obligation of the City of Richfield under this section cannot exceed the. greater of (i) amount that the City would be .obligated to pay under the provisions and limitations of Minn.. Stat. Chap. 4:66 ~r (ii) the amount of .insurance carried by City applicable to a claim referred to in the first sentence of this Section 7. S. HOLD HARMLESS. To the extent permitted by lava, the City agrees to hold and save harmless the Commission .from any and all claims, liens or liability which may arise from City's construction, maintenance, repair or replacement aforesaid or from claims of labor or materials involved in or rising out of the same.. The City shall indemnify, defend and hold harmless Commission front and against any and all losses, liability, fines, lawsuits, charges, damages, penalties, or claims of liability for loss, damage or injury to persons or property on or about the sands under Lease from whatever cause, and Commission shall not be liable to the City to arty extent, nor will -the City make a-ny claim against .Commission for or on account of damage to the lands under Lease or lass damage to or destruction of improvements, facilities and structures thereon. - Nothing in this Lease .Agreement constitutes a waiver by the City of any statutory or common law, defenses, immunities, or limits on liability. The obligation of fhe City of Richfield,under this section cannot exceed the greater of (i} amount that the City would be obligated to pay under the provisions and limitations of .Minn. Stat> Chap 466 or (ii) the amount of insurance carried by City applicable to a claim referred to in the first sentence of this Se~ion 8, 9. FAA AND MNDOT. Execution and continuation of this Lease is conditioned upon approval and agreement of the FAA and MNJDOT, Division of Aeronautics that the development and .use of such lands for recreational purposes would not conflict with aircraft operations to and from the. airport and would comply with the clearance and approach requirements presently applicable at said airport. i<0. COMPLIANCE WITH LAWS. The City shall comply with all laws, ordinances, rules artd regulations of the United States of America, the State of Minnesota, or of agencies, departments or divisions of either (including but not limited to) the Minnehaha Creek and/or the lower Minnesota Watershed Districts, Minnesota Pollution Control Agency, or of the Commission .relating to the Premises and the use thereof or .relating to control of ground and air traffc, aircraft operations and the general use and operation of the airport; and the City -shall see to the payment of .any all `taxes,: assessrrtents, license fees or other charges that may be legally levied, assessed or made during the term of this ..Lease or any extension s ~~ -~ thereof by reason of the uses hereby .permitted of the Premises.. City .shah be fully responsible of obtaining all necessary permits ar other approvals, under environmental laws, in its name and shall have full. responsibility for signing and :submitting any necessary applications, forms, documentation, notiFcations or certifcations. City shad provide evidence of compliance with such laws to the Comm. fission upon request of the Commission. 11. HEIGHT. The City expressly agrees for itself, its successors and assigns to restrict .the. height of structures, objects of natural growth, and other objects on the .Premises to a~height that will not constitute an obstruction as determined by the standards in .Federal Aviation Regulation, Part 77. Tn the event the aforesaid covenants are breached.., the Commission reserves the right to enter upon the Premises and to .remove the offending structure. or object and cut the offending tree, all of which shall be at the expense of the City. Further, the City agrees that no lights will be .permitted (including automobile headlights} or Installed on the Premises which will have a detrimental effect on control tower operations or otherwise affect night operations. 12. .FLIGHT 4F ATRCRAFT. The City expressly agrees for itself, its 'successors and assigns to prevent any use of the Premises which might interfere with the landing and taking off of aircraft from the Airport or to the flight of aircraft over the Premises or otherwise constitute a hazard, or interfere with air navigation and communication facilities presently or in the future serving the Airport. In the event the aforesaid covenant is breached, the Commission reserves the right to enter upon the Premises and cause the abatement of such interference at the expense of the City. 13. V1lTTHOUT PREJLIQTCE. It is understood that grant of this Lease and use of the Premises is conditioned upon and shall be without prejudice to the rights of the Commission as' owner and operator of the aforesaid public airport of which the subject Premises constitute a part. 14. NONDISCI?TMTNATIORi. The City for itself, its heirs, personal representatives, successors iri interest, and assigns, as a part of the consideration hereof, does hereby covenant and. agree, as a covenant running with the land, that in the event facilities are constructed, maintained, or otherwise operated.. on the Premises for a purpose for which a QOT program or activity is extended or far another purpose involving the provision- of similar services or benefits, the City sha.N maintain. and operate such facilities and services in compliance with all other requirements imposed. pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. Cod -$ The City .far itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land..., that. ~I) na person on the grounds of race, color, ar national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2} -that in the construction of any .improvements an, over, or under such land and the furnishing of services thereon, na person an the grounds of race, color, or nation origin shall be excluded frorn participation in, denied the benefits' of, or otherwise be subjected to discrimination; and {3) that the City shall use the Premises in compliance with all other requirements imposed by ar pursuant to 49 CFR 21, :Nondiscrimination in Federally Assisted Programs of the ©epartment of Transportation, and as said Regulations may be amended. 15. COMMISSIQN RESERVATIONS. Commission reserves the right to further develop or improve -the landing area of the Airpork as it sees .fit, regardless of the:desires ar view of the City, and without interFerence or hindrance. :Commission reserves the right, but shall not be obligated to the City; to maintain and keep in repair the landing area of the Airport and :all publicly-owned facilities of the airport, together with the right to direct and. control all activities of the City in this -regard. 16. CQMMISSIC?N RIGHT QF ENTRY. Commission shall at all times and through its agents and employees or contractors have a right of entry upon the Premises, as may be necessary in the development, maintenance and operation of the airport, including for the purpose of wildlife management, Further, the Commission reserves the right to install and maintain on the Premises such utility lines, conduits, pipes and facilities as may be necessary to the development, maintenance and operation of said airport, provided Commission shall at its cost and expense, repair any damages and restore any portion of the Premises damaged by reason of such instal'kation and maintenance. However, if the City causes the need -for such repair, construction, .installation, ar maintenance, the Commission will- not pay to repair or restore any part of the Premises. 17. REDUIRED NOTICE. Incident to .use and occupancy of the Premises hereunder, the City will advise those making use of or corning an the Premises and .the ..parents- of those children making use of the Premises that Commission has na :responsibility in respect to mainten-once, care, policing, control and supervision of the premises so long as this Lease is in effect. The MAC will post signage visibEe to property users that the Premises are owned by the Metropolitan Airports Commission. to ~ ~ 1 18. ENVIftONMENTAi_ OPERATING CONDITIONS. .Any materials/waste (hazardous or otherwise) "left over" .from City's use .and occupancy of the -Premises are the property of the City and must be removed by the City. Waste disposal must follow all county, state and federal regulations. MAC `is not the owner, generator or the party responsible for removaljdisposal of `this r~waste/material. City shall also notify MAC of any spills or dumping, regardless of the amount, occurring on Airport property to which the City has knowledge. If MAC- incurs -costs .related to a spill or other environmental expense related to Cry`s operations at the Airport, unless due to the gross negligence of MAC, MAC will bill City -.for ail MAC's costs, plus a fifteen percent (i5p/o) administrative fee, City shall pay MAC within thirty (30) days of invoice. The use of :herbicides is prohibited; cultivation or mulches should be utilized to control weeds. i9. NC3TICE. All notices or communications between Commission and City shall be deemed suffciently given or rendered if in writing and delivered to either party (i) personally, (ii} by registered or certified mail return receipt requested, or (iii) by nationally recognized .overnight courier service, Except as otherwise specified herein, all notices and other communications .shall be deemed to -have been duly giver} {a) the date of receipt or rejection if given personally, (b) three (3) business days after the date of posting if given by certified or registered mail, or fc) the first (ls~) business day after the date of posting if delivered by a nationally recognized courier delivery service. Notices hereunder may be given by the respective attorneys for any of the parties. Addresses for all .notices are as follows: Commission; Metropolitan Airports Commission Office of Commercial Management & Airline Affairs 6040 28t~' Avenue South Minneapolis, MN 55450 City: City of Richfield Attn: City Manager 6700 Portland Avenue Richfield, MN 55423 Either party may change the party's address for notice by .providing written notice to the other party. C~i-~-lo ~:9. WATVi=R. The waiver by Commission or City of any breach of any term of this .Lease shall not be deemed a waiver of any prior or subsequent breach of the same term or any other term of this Lease. . 22. CC3NiMITMENTS TO FEDERAL AND STATE AGENCIES. Nothing in this Lease shall be construed to .prevent Commission from making such commitments as it desires to :the Federal Govern-meat or the State of Minnesota in order to qualify for the expenditure of Federal or State funds on the Airport. This Lease shall be subordinate to .the :provisions of and .requirements of any existing or future agreement between Commission and the United States, relative to the development, operation, or maintenance of the Airport. 23. RIGHT OF FLIGHT /NOISE. There is .hereby reserved to the Commission,. its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises, together with the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from, or operation on the Airport, 24. ENTIRE AGREEMENT. This Lease represents. the entire agreement between -the parties and supersedes any prior agreements regarding the Premises or any part thereof. ~u- ii ~ IN 1NITNESS WHEREOF, the parties hereto lave signed this Lease Agreement the day and year written beiow. METROPOLITAN AIRPQRTS COMMISSTCIN By Eric L..7ohnson Director, Commercial Management & Airline Affairs Date CITY OF RICHFIELD ~y Mayor .Date 8y City Manager Date LESSOR NOTARY STATE OF MINNESOTA } SS COUNTY Ol= HENNEPIN } This instrument was acknowledged before me on the day of , 2011, by as the .authorized representative of the Metropolitan Airports Commission. :(Notarial .Seal) CITY NOTARY Notary Public I~ ~~ - ~a STATE Oi~ MINlVESQTA } SS COUNTY OF This instrument was ac[cnowledged be€ore me on the day of 202.1, by and Mayor and City Manager, respectively of the City of Richfield. i`iotary Public i;i~otaria! Sea!} 11 (~~I-13~ 12 Rt~hffeld Community Garden Lease AGENDA SECTION: CONSENT AGENDA ITEM # 6I REPORT # 101 ~- STAFF REPORT CITY COUNCIL MEETING MAY 10, 2011 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME, TiTrr: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for itinerant places of amusement, temporary on-sale 3.2 percent malt liquor, and temporary food licenses for the Church of St. Richard's Carnival to be held on June 3, 4 and 5, 2011. I. RECOMMENDED ACTION: By Motion: Approve itinerant places of amusement, temporary on- sale 3.2 percent malt liquor, and temporary food licenses for the Church of St. Richard's Carnival to be held on June 3, 4, and 5, 2011. II. BACKGROUND On April 28, 2011, the Church of St. Richard submitted a request for itinerant places of amusement, temporary on-sale 3.2 percent malt liquor, and temporary food licenses for their carnival to be held June 3, 4 and 5, 2011. The required licensing fees have been received. This event will be open to the public and will take place from 4 p.m. to 10 p.m. on Friday, June 3; 10 a.m. to 10 p.m. on Saturday, June 4; and 12:30 p.m. to 4 p.m. on Sunday, June 5. They will have ten (10) rides including a Ferris wheel, slide, merry- go-round, zipper, and children's rides. A detailed activity plan of the days' events is currently on file. The applicant is anticipating that the maximum number of persons likely to attend at any one time would be approximately 500. 051011 St. Richard's Carnival Licenses The Church of St. Richard will be serving such food items as hamburgers, brats, chicken sandwiches, tacos in a bag, corn on the cob, and soda. In addition, Minnesota's Magic Midway will be providing three food trailers to include the sale of cotton candy, mini donuts, corn dogs, and foot long hotdogs. The Church of St. Richard and Minnesota's Magic Midway have both contacted food sanitarians from the City of Bloomington to ensure that proper food handling practices are followed. They will work with Bloomington sanitarians and follow their recommendations for safe and wholesome food handling. All fees for food licensing have been received by the applicant as well as by each professional concessionaire. A detailed map outlining the property and location of proposed tents and carnival rides has been submitted. The Richfield Zoning Administrator has indicated that there are no zoning issues or requirements for this event. The applicant has hired Affordable Sanitation to handle all sanitary issues during the event. There will be four (4) port-o-potties placed throughout the lot. Each will be checked and cleaned on Saturday morning and Sunday morning. Liquor Liability insurance coverage has been provided showing The Catholic Mutual Relief Society affording the coverage. Insurance coverage for Minnesota's Magic Midway has also been provided showing National Fire and Marine Insurance Company affording their coverage. The required bond or certified check in the amount of $1,000 has not yet been received. The requirement of a bond or certified check is conditioned upon faithful compliance with the terms and provisions of City Code 1100.05 by the operator, agents, employees, associated, or other persons acting for or on behalf of the applicant. The Richfield Fire Department requires that the applicant have a Fire Safety permit for erecting a tent and for carnival operation. At this time, the required application and fee have not been submitted, nor has the fire safety permit been issued. The applicant has indicated that the required information and fee will be supplied and that the proper fire safety permit will be acquired prior to the date of the Council meeting. At this time, the applicant has not made contact with the Building Inspections Division to obtain the required electrical permit. The applicant has assured City staff that the permit will be acquired and that the inspection will be scheduled to take place at the time set-up of the carnival rides takes place. The Public Safety Department has been contacted by the applicant for the contract of an on-site officer for this event. The initial officer request was only for services for Friday, a partial day on Saturday and no coverage on Sunday. However, the applicant has been informed that the officer must remain on-site for the entire duration of operational hours. The Public Safety Department has also not received the detailed information regarding traffic management. The applicant indicated that they have hired private security to handle this issue. The Public Safety Department is not satisfied with this arrangement and has required a detailed drawing to indicate traffic flow and pedestrian concerns. More detailed information is currently being worked out with the applicant and Police Lt. Flaherty. The applicant has agreed that all requirements by the Public Safety Department will be adhered to and that all staffing, traffic and other issues will be resolved and in place prior to May 10, 2011. III. BASIS OF RECOMMENDATION A. POLICY • The requirements for a carnival operation under the itinerant place of amusement ordinance are in conflict with similar provisions under the community celebrations ordinance. More specifically, under the itinerant place of amusement ordinance, there is a requirement that the carnival operator submit to the City, the names of those individuals who will be working the event so that a background investigation be -done on each of them. There is no such requirement under the community celebrations ordinance. The carnival operator applicant for this event is the same carnival operator that has been used for the past several years at the Fourth of July celebration in Richfield where no such backgrounds are required or performed. The carnival operator does not wish to comply with the request to submit the names of the individuals who will be working this event based upon the previously stated ordinance disparity. Staff is recommending that this back grounding requirement be waived for this particular event due to this contradiction in the ordinance and the critical timing of this approval for the upcoming event. Staff intends to further investigate this ordinance language disparity and recommend changes in the future. The applicant must be in compliance with all other City codes pertaining to these licenses. B. CRITICAL TIMING ISSUES • The required bond or certified check in the amount of $1,000 must be received prior to May 10, 2011. The Fire Safety permit for erecting a tent and for carnival operation must be obtained prior to operation. The electrical permit must be obtained prior to carnival operation and the inspection completed by City and State electrical inspectors during the set up process. • All requirements to include police staffing and traffic issues must be approved and in place by May 10, 2011. C. FINANCIAL • The fire safety permit fee has not yet been received. The contract and fees for the staffing of police officers has not yet been received. Electrical permit fees have not yet been received. • The $1,000 bond requirement has not been met. D. LEGAL . N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request. This would mean that the applicant would not be able to conduct the activities requested for the carnival event. V. ATTACHMENTS . N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING . Church of St. Richard's staff/representative. AGENDA SECTION AGENDA ITEM # REPORT # a STAFF REPORT CITY COUNCIL MEETING MAY 10, 2011 PUBLIC HEARING S 8 102 REPORT PREPARED BY: TIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Conduct a public hearing to allow the public to testify regarding the Community Services Commission's recommended skate park concept for Augsburg Park, and consideration to proceed negotiating a contract with Hardcore Skateparks, Inc. to design and build a tier one skateboard facility in Augsburg Park. __ L RECOMMENDED ACTION: Conduct and close the public hearing and proceed negotiating a contract with Hardcore Skateparks, Inc. to design and build a tier one skateboard facility in Augsburg Park. II. BACKGROUND After a lengthy process over two and a half years, the Community Services Commission is recommending City Council to proceed negotiating a contract with Hardcore Shotcrete Skateparks, Inc. to design and construct a concrete tier-one skating facility in Augsburg Park. CONCEPT DESCRIPTION -The selected concept is to construct a structure that is attached to the existing basketball court located in Augsburg Park with the assumption that the court would be used for skateboarding as is or for potential future expansion of the facility. The new structure would be constructed in the east side of the basketball court. The new structure is constructed with poured-in-place concrete including stainless steel railings and coping. The dimensions of the structure are 24 ft. x 70 ft. There are no drains needed in this design. 05 10 11 Augsburg Park Skate Park Contract CHANGE OF SKATEPARK ORIENTATION - Hardcore Skateparks, Inc. has prepared a recently modified design to change the orientation of the proposed facility to the east side of the basketball court. The change was made so that no tree removal is necessary. The new location is out of view from the library windows and is now further away from the existing sledding hill. SITE SELECTION CRITERIA AND SCORING -The Commission developed the following criteria to define the desired space in a park to locate the skatepark: • Existing hard surface court that is used to a lesser extent compared to other Richfield courts, to use as a base or for future expansion. • Residential buffer. • Visibility for Public Safety. • Separation from other park uses. • Central location. • .Proximity to restrooms and water facilities. Based on the above criteria, the Commission scored all Richfield parks and Augsburg Park received the highest score (see attached). III. BASIS OF RECOMMENDATION A. POLICY • A contract to design and build a skate park in a Richfield park requires Council approval. Although a public hearing would not be required upon executing such a contract, it has been past practice to seek feedback from and to notify the community of all major park improvements. If Council decides to proceed, a contract will be included in the agenda of the following Council meeting. B. CRITICAL TIMING ISSUES • Construction of a concrete skate park can begin after frost restrictions are lifted which is usually after May 1. C. FINANCIAL • Total project costs include: $66,500 Design and Construction (RFP Budget) $2,500 Soil Testing 1 000 Site Survey $70,000 Total Project Cost • The project is included in the 2010 Capital Improvement Budget in the amount of $70,000. D. LEGAL • None E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION~S~ • The Community Services Commission recommends Augsburg Park as the best site to construct a tier one skatepark, however the Council may choose another location or to abandon the project. V. ATTACHMENTS • Skatepark Site Selection Criteria and Scoring VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Some members of the Community Services and Roger Schmidt may be attending the meeting. B. CRITICAL TINTING ISSUES • Construction of a concrete skate park can begin after frost restrictions are lifted which is usually after May 1. C. FINANCIAL • Total project costs include: $66,500 Design and Construction (RFP Budget) $2,500 Soil Testing 1 000 Site Survey $70,000 Total Project Cost • The project is included in the 2010 Capital Improvement Budget in the amount of $70,000. D. LEGAL • None E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S~ • The Community Services Commission recommends Augsburg Park as the best site to construct a tier one skatepark, however the Council may choose another location or to abandon the project. V. ATTACHMENTS • Public hearing meeting notice • skatepark Site Selection Criteria and Scoring VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Some members of the Community Services and Roger Schmidt may be attending the meeting. ~-1 CITY OF RICHFIELD Public Hearing Notice REGARDING: Public hearing and consideration of authorization of contract with Hardcore Skateparks, Inc. to design and construct atier-one skate facility in Augsburg Park. WHEN: Tuesday, May 10, 2011 7:00 pm WHERE: Richfield City Hall -City Council Chambers 6700 Portland Avenue SUBJECT ADDRESS: Augsburg Park 7145 Wentworth Avenue QUESTIONS: For more information, call Jim Topitzhofer, Recreation Services Director, at 612-861-9394. HOW TO COMMENT: Attend the hearing and you will be heard or submit written comments. NANCY GIBBS City Clerk 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. Publish: April 27, 2011 ~-a Tier-One Skate Facility Site Selection Criteria _~ N _v - m ~ U ~ U ry w O U ` d ~ ~ - N N ti 3 ~ ~ L ~ Y ~ O U U ~ y~ a a C ti v ~ L ~ ~ N E ~ = O U ~ ° O ~ p O o ~ ~ ~ E ~ ~ ~' u U m m ~ ° a a m ~ ~ U ~ ..J ~ °' E ~ ° c v w _ = - ~ E I- PARK w U ~ N ~' K m v a ti d a v ° I- PARK TYPE w..~_. ~ > ~ v a Adams Hill Neighborhood ~~ 13.0 0 2 0 0 0 0 2 Apple Blossom Mini o.s 0 0 2 2 0 0 4 Augsburg 1 2 2 2 2 2 11 Community - z1.o Christian 1 1 0 2 0 2 6 Neighborhood/CommunityPlayfield .•~i:.. .. 11.0 Donaldson Community Playfield/ .. 23.6 1 2 2 2 0 2 9 Athletic Complex Fairwood 0 1 2 2 0 1 6 Neighborhood ~~ .. z.5 Fremont Mini - o.s 2 0 2 2 2 0 8 Garfield Mini .. -.•- o.a 0 1 0 2 1 0 4 Heredia 2 0 2 0 2 2 8 Neighborhood ~ -. 3.s Jefferson 2 1 2 2 0 1 8 Neighborhood ~~ a.o Lincoln Field Community Playfield/ ~~ - -. , - 7.1 0 1 0 0 2 2 5 Athletic Complex Little Bob's Mini . ~~ 0.3 0 0 2 1 2 0 5 Madison 2 0 0 0 0 1 3 Neighborhood • a.5 Monroe 0 0 0 1 0 1 2 Neighborhood r 9.5 Nicollet 2 0 0 0 1 1 4 Neighborhood . ~~ s.5 Richfield Lake 2 2 2 2 2 0 10 Neighborhood .•rr ~ .. 24.0 Roosevelt Neighborhood/ • . 13.5 1 1 1 1 1 2 7 Athletic Complex Sheridan 1 1 2 1 0 2 7 Neighborhood .„ .. s.s Taft Community Playfield/ : ~ ~ . 42.0 1 2 2 2 0 2 9 Athletic Complex Veterans Memorial Community -. _ 108.0 0 2 2 2 0 2 $ Washington Neighborhood/ ~~ 8.0 1 2 Z 1 0 2 8 Community Playfield Does not meet requirements = 0 POINTS Partially meets criteria = 1 POINT Meets criteria = 2 POINTS AGENDA SECTION AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING MAY 10, 2011 PROPOSED ORDINANCE 9 103 REPORT PREPARED BY: ROBERT HINTGEN, UTILITY SUPERINTENDENT NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: n ITEM FOR COUNCIL CONSIDERATION: 1. Consideration of the first reading of a transitory ordinance authorizing the planning, design and rehabilitation of the Water Plant Clarifiers/Baffles, the Chain Room Piping/Pumps and schedule a public hearing and second reading for June 14, 2011. 2. Hiring Short Elliot Hendrickson Inc. (SEH) to prepare plans and perform construction services for the rehabilitation of the Water Plant Clarifiers/Baffles and the replacement of Chain Room Piping and Pumps. 3. Authorization for staff to make changes in the engineering services contract up to $25,000. I. RECOMMENDED ACTION: By Motion: 1. Approve the first reading of the transitory ordinance authorizing the Qlanning design and rehabilitation of the Water Plant Clarifiers/Baffles and the replacement of Chain Room Piping/Pumps (the Project) at an estimated cost of $1,480,000.00 2. Schedule a public hearing and second reading of the transitory ordinance for June 14, 2011. 3. Approve the hiring of Short Elliot Hendrickson Inc. to provide engineerin services for the plannin ,design, and construction oversight o~ the Project for a fee not~o exceed $151,925.00 without further written staff authorization. 4. Authorize staff to approve Chan es in the en ineering services contract, up to a maximum of $,000 withou~ further City Council authorization. 05101.1 waterplant 385816v1 CAH RC160-4 II. BACKGROUND The Water Treatment Plant was built in 1963. In 1994 the treatment plant went through a renovation from a single train to a dual train treatment system. The clarifiers that were installed in 1994 are showing significant signs of deterioration. The deteriorated sections of the clarifier will be replaced with a corrosion resistence material while other sections will be rehabilitated. The motors and drives that were installed in 1994 have become obsolete and are in need of replacement. The Chain Room Piping and Sludge Pumps were also installed in 1994. The lime softening process produces an abrasive high pH liquid by-product. Through these pumps and piping this by-product is transferred from the treatment plant to the sludge building for dewatering. These pumps and piping are all in need of replacement. Both areas are vital in the overall functioning of the water treatment plant. The City Attorney has determined that a public hearing, as identified in the City Charter, is needed. Staff is recommending that a public hearing be scheduled for June 14, 2011 before going out for bid. III. BASIS OF RECOMMENDATION A. POLICY • Pursuant to Section 8.04 of the City Charter, the project will require approval of a transitory ordinance because the estimated cost exceeds $500,000 and the engineering services exceed $75,000. B. CRITICAL TIMING ISSUES • If the improvements are not completed, the Water Utility infrastructure could possibly face equipment failures and interruptions in operations. C. FINANCIAL • At the April 12, 2011 City Council Meeting, Council approved the sale of $1,490,000 G.O Water Revenue Bond, Series 2011A for the capital improvements at the Water Plant. • Proceeds from the G.O Bonds will fund the replacement of Water Plant Clarifiers/Baffles and the replacement of Chain Room Piping/Pumps. I~. LEGAL • Pursuant to Section 8.05 of the City Charter, notice of the public hearing will be published twice in the Sun Current within fourteen days prior to the hearing. Publication dates will be ?JI-~,°~~~~?-1-~-n~ June 2, 2011 and June 9, 2011. • The City Attorney prepared the Transitory Ordinance. 385816v1 CAH RC160-4 E. ENVIRONMENTAL CONSIDERATIONS • Water is an essential resource to the community and drinking water needs to be provided in a safe manner. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may choose to take no action at this point, V. ATTACHMENTS • Proposed Transitory Ordinance. • Proposal from SEH VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 385816v1 CAH RC160-4 ~~~ TRANSITORY ORDINANCE NO. AN ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings. 1.01. Section 8.04 of the Richfield City Charter requires that any capital improvement on City-owned property that has an estimated cost exceeding $500,000.00 or expenditures for design or engineering costs exceeding $75,000.00 must be approved by ordinance after a public hearing. 1.02. It is proposed that the City Council approve a capital improvement project affecting the City-owned water plan property. 1.03. The capital improvement project consists of rehabilitation of the Water Plant Clarifiers/Baffles and the replacement of Chain Room Piping and Pumps (the "Project"). 1.04. The estimated construction cost of the capital improvement, excluding design and engineering costs, is $1,480,000.00. The estimated design and engineering costs are $151,925.00. 1.05. A public hearing was held on June 14, 2011 after due notice as required by Section 8.05 of the Richfield City Charter. 1.06. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Project be approved. Sec. 2. Approval; effective date. 2.01. The Project is approved, and planning, design and construction of the Project may proceed according to the procedures required by law. 2.02. The purpose of this Ordinance is to comply with the requirements of Section 8.04 of the Richfield City Charter. This Ordinance shall not be construed to require that the City proceed with the Project; nor does it vest any rights in the Project to any individual or entity. The City Council reserves the right to abandon the Project or to modify elements of the Project, if the Council deems abandonment or modification to be in the public interest. 2.03. This ordinance is effective 30 days after its publication. Adopted this day of , 2011. Debbie Goettel, Mayor ATTEST: Nancy C. Gibbs, City Clerk 385816v1 CAH RC160-4 q-a ~~ SEH May 3, 2011 Robert Hintgen City of Richfield, Minnesota 6221 Portland Avenue Richfield, MN 55423 Dear Robert, RE: City of Richfield, Minnesota Clarifiers, South Reactor and Chain Room Renovation SEH No. RICHX 116349 The City of Richfield is proposing to rehabilitate the existing clarifiers, southern reactor and the lower level of the facility referred to as the chain room (sludge piping/pump room) of the water treatment facility. This letter is our proposal for engineering services associated with Step 2, which includes planning, design, preparation of construction documents, and bidding, and Step 3, which includes construction contract administration and construction observation and project close out efforts. Background The water treatment facility was constructed in 1964 and included a single clarifier for treatment. In 1994 a north and south treatment train were installed, replacing the single clarifier. Each treatment train consists of a rapid mix reactor and a clarifier. The new treatment units provide the City with the ability to remove one treatment train from service for maintenance while second train remains in service. In 2008, the drive on the northern rapid mixer failed. It was replaced with a new mixer and improvements were made to the reactor to improve mixing and maintenance. At that time the mixer for the south reactor was also purchased. Rehabilitation of the south rapid mix reactor was planned for the Fall/Winter of 2011/2012. In preparation for this work, the south reactor and north and south clarifiers were removed from service last fall for inspection. Based on the findings of the inspection it was recommended that the units be rehabilitated rather than replaced with new. The concrete for all structures was found to be in good condition. The clarifier mechanisms, located below the water level, also appeared to be in overall good to fair condition. There were several locations on the truss members and at welds were deterioration of metal was evident. Upon evaluation it was recommended that the clarifier mechanism and scrappers be blasted, welds and members repaired as needed and the structure be recoated. The launders and support members located at or above the water level were found to be in poorer condition. It was recommended that these items be replaced along with the each clarifier's telescoping valve and scrapper drive. Modifications to the sludge pumping/piping (chain) room were also made in 1994 when the rapid mix reactors and clarifiers were installed. The existing pumps are in need of replacement along with piping modifications to allow the City to optimize flexibility with sludge removal and to provide redundancy. Project Description The work includes the renovation of the two existing clarifiers, the south reactor and the existing sludge piping/pump (chain) room. Prior to the renovation of a clarifier, the existing media (tube assemblies) will be removed by the contractor and stored on-site. Once the media has been removed from a clarifier, the clarifier Short Elliott Hendrickson Inc. ~ 3535 Vadnais Center Drive ~ Saint Paul MN 55110-5196 SEH is an equal opportunity employer ~ www.sehinc.com ~ 651.490.2000 ~ 800.325.2055 ~ 651.490.2150 fax ~-3 Richfield Clarifiers -South Reactor and Chain Room Renovation May 3, 2011 Page 2 and corresponding reactor will be isolated from the treatment train remaining in operation. The clarifier mechanism and scrappers will be sand blasted, welded as needed, and recoated. The clarifier weirs, launders, launder supports, telescoping valves, and scrapper drives will be replaced with new and ladders will be added to each clarifier to provide access. In the corresponding rapid mix reactor (southern only), the mixing equipment will be removed, new mixer, and baffle wall will be installed and a sump constructed in the basin for ease of cleaning. Walkways for the both reactors and clarifiers will be blasted and recoated and handrails replaced to match handrails installed in 2008. Once one treatment train is completed and returned to service, the remaining treatment train will betaken off-line, isolated and renovated. The work in the chain room will occur at the same time work is being performed on the rapid mix reactor and clarifiers. Work in the chain room includes replacing the sludge press feed pumps, clarifier sludge pumps, flow meters, and valves with new. Currently each clarifier sludge pump is dedicated to one clarifier with no interconnecting piping to allow for back-up or redundancy. Piping modifications will allow the clarifier sludge pumps to pull from either clarifier. The piping, walls and ceiling in the chain room will be blasted and recoated. Scope of Services Our proposed scope for the Step 2 (Planning, Design and Construction Documentation Preparation) and Step 3 (Construction Administration/Observation) engineering services is detailed in Appendix A. The proposed schedule for the project is to have the final construction plans and specifications completed by June 30, 2011. This will allow the City time to bid and award the project by the end of July, providing the contractor sufficient time to submit shop drawings of equipment for approval and to order equipment in September. This will be critical due to the long lead times for varies pieces of equipment, in particular the clarifier drives which can take 12 to 14 weeks to ship, once the order has been placed. See Appendix A for a detailed description of the scope of the engineering services. Project Schedule Recognizing that Richfield's water plant must remain in operation during the construction process, it is proposed that the rehabilitation work occur late fall through early spring, when water demand is the lowest. This will allow the City to remove one treatment train (rapid mix reactor and clarifier) from operation for rehabilitation. Based on water demands, the following is schedule is proposed for the project: Start Design: June 1, 2011 Submit Bidding Documents to MN Dept. of Health: June 30, 2011 Bid Project: July 22, 2011 Award Contract: July 26, 2011 Contracts Signed: August 9, 2011 Shop Drawings: August 10, 2011 Order Equipment (drives 12-14 week delivery): September 15, 2011 Start Construction: November 1, 2011 End Construction (Plant on-line): April 1, 2012 Consultant Staff I will serve as the project manager for this Project and will be responsible for coordinating the work efforts and schedules of our team members. Preparation of the project drawings and specifications will include significant effort from our process design team of Karen Cavett and Jesse Anibas. Karen is very familiar with your facilities and this project in particular. q-y Richfield Clarifiers -South Reactor and Chain Room Renovation May 3, 2011 Page 3 Compensation Phase 2 -Final Design Engineering Fees We propose to complete the outlined Step 2 efforts for an hourly basis that is in accordance with our standard billing rate schedule. We proposed aNot- to-Exceed amount of $84,290 which includes reimbursable expenses. Plan review fees assessed by the Minnesota Department of Health are not included in this proposal and will need to be covered by the City. We understand this Not-to-Exceed amount cannot increase without further authorization from you Phase 3 -Construction Engineering Fees We propose to complete the outlined Phase 3 efforts on an hourly basis which is in accordance with our 2011 billing rate schedule. Assuming a six and a half month construction period, we propose aNot-to- Exceed amount of $67,635 for contract administration, construction engineering and periodic construction observation, plus Reimbursement Expenses. We understand this Not-to-Exceed amount cannot increase without further authorization from you. General Services Agreement The terms and conditions of this proposal wholly include the contents of the February 22, 2011 General Services Agreement between the City of Richfield and Short, Elliot, Hendrickson, Inc. Closure We want to thank you for the opportunity to provide the City of Richfield with this proposal. As always, it is very important to us our services continue to meet and surpass your needs and expectations. After you have had an opportunity to review this proposal, we would like to hear any comments, concerns or questions you may have. If this proposal is acceptable, please sign and return a copy of this proposal letter, authorizing us to proceed with the project. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Miles B. Je en, PE Associate ~ Regional Practice Center Leader amc Enclosure or Attachment s:\pt\r\richflcommon\richx 116349\clarifiers -south reactor & chain room renovation proposal to hintgen.docx This is accepted by the City of Richfield, Minnesota on this day of , 2011 By: Date: q-5 1 Appendix A SEH Scope of Engineering Services A. Basic Services Phase 2 -Final Design Services Purpose: Purpose: To work closely with the City of Richfield to finalize construction renovation documents for the south reactor, clarifiers and sludge piping/pump room; to complete the creation of specifications, layout drawings to serve as project bidding and construction contract documents; and to submit documents necessary to obtain the necessary agency approvals. Tasks 2.1 Kick Off Meeting at Water Treatment Plant 2.2 Prepare Layout Drawings for Reactor, Clarifiers, and Chain Room 2.2.1 Plans 2.2.2 Sections 2.2.3 Demolition 2.3 Verify location, size and materials of baffle wall in reactor. 2.4 Verify sump location, size and construction. 2.5 Verify location of clarifier ladders 2.6 Select materials for clarifier launders and weirs 2.7 Project Specifications 2.7.1 General Sections 2.7.2 Technical Sections 2.7.2.1 Clarifier equipment 2.7.2.2 Sludge press feed pumps 2.7.2.3 Clarifier sludge pumps 2.7.2.4 Flow meters 2.7.2.5 Piping and valves 2.7.2.6 Painting 2.7.2.7 Ladders 2.7.2.8 Handrail 2.7.2.9 Electrical 2.7.3 Demo and Renovation Sections 2.7.3.1 Repair work: Blasting and Welding 2.7.3.2 Repainting of equipment piping and structures 2.7.4 Project Squencing 2.7.5 Bid Form 2.8 Submit 60% Project Drawings to the City of Richfield 2.9 Submit 60% Project Drawings to Minnesota Department of Health 2.10 Begin Cost Estimate 2.11 Submit 95% Project Documents to the Richfield 2.12 Complete Final Construction Cost Estimate 2.13 Complete Final Construction Plans 2.14 Complete Final Project Specifications 2.15 Submit Final Documents for Approval to: 2.15.1 City of Richfield 2.15.2 Minnesota Department of Health 2.16 Receive Formal Approval from City to Bid Phase 3 -Construction Services Task 1 -Bidding and Award 3.1.1 Prepare bid proposal and contract forms 3.1.2 Issue bid advertisement 3.1.3 Reproduce project bid documents and distribute to interested contractors 3.1.4 Respond to questions from prospective bidders Appendix A RICHX 116349 Richfield Clarifiers -South Reactor and Chain Room Renovation Page 1 -1 ' tP 3.1.5 Issue necessary addenda to Project Bid Documents 3.1.6 Attend bid opening to receive bids 3.1.7 Analyze bids, prepare bid tabulation and prepare bid summary letter to City Staff Task 2 -Contract Administration 3.2.1 Hold pre-construction conference 3.2.2 Begin contract administration, act as City's Liaison with Contractor. 3.2.3 Review shop drawings. Engineer shall review shop drawings, samples and other submissions of the Contractor solely for their general compatibility with the Engineer's design intent and the conformance with information given in the Contract Documents. The Engineer shall not be responsible for any aspects of a shop drawing submission relating to the duties of the Contractor (such as the means, methods, techniques, sequences and operations of construction, safety precautions and programs incidental thereto) all of which are the Contractor's responsibility and not the responsibility of the Engineer. 3.2.4 Answer initial Contractor questions in the interpretation of contract documents. Interpretation of contract documents will be limited to one answer per issue. Interpretations beyond the initial response will constitute "dispute resolution," a Supplemental Service. 3.2.5 Review and recommend approval of Contractor's partial payment requests 3.2.6 Attend twice-monthly meetings with Contractor and City Staff 3.2.7 Process change order requests as required. After consulting with the Utility, prepare Change Orders for work not covered by the Contract or for substantial over-run of estimated "contract quantities" as defined in the Project's Contract Documents, for the Utility's approval and execution. Change Orders shall be processed as soon as practical after the City provides written approval to the Engineer. The City understands that Change Orders may be required during a project for many reasons, including because of incompleteness, errors or ambiguities in the Construction Documents. The Engineer shall not be liable for any type of quantity of Change Orders that are within professional standards. In no event shall the Engineer be responsible for paying the cost of a Change Order or other change to the extent that it would have been otherwise necessary to the Project or otherwise adds value or betterment to the Project. Task 3 -Construction Observation 3.3.1. Perform periodic on-site construction observation to become generally familiar with the progress and quality of the contractor's work and to determine if the work is proceeding in general accordance with the Contract Documents. The City has not retained the Engineer to make detailed inspections or to provide exhaustive or continuous Project review and observation services. Further, the Engineer does not supervise or have control over the Contractor's work, the means or methods of construction, or safety precautions in connection with the work. As a result, the Engineer does not guarantee the performance of a contractor, and has no responsibility for the acts or omissions of any contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on the Project. 3.3.2. Coordinate construction activities with City staff. 3.3.3. Review and advise City staff on Contractor submitted construction progress schedule. Respond to Contractor on appropriateness of the submitted construction progress schedule as it relates to the specified schedule. 3.3.4. Maintain field records during on-site observation 3.3.5. Note work activities and work force for all contractors and subs 3.3.6. Record site deliveries 3.3.7. Record meetings, discussions, observations and decisions 3.3.8. Photograph Project progress and buried details 3.3.9. Attend periodic job site progress meetings 3.3.10. Assist City with coordination of material compliance testing work 3.3.11. Endeavour to observe that all plant piping be cleaned and disinfected per AWWA and State Plumbing Code guidelines prior to start-up. Task 4 -Contract Close Out 3.4.1. Request and obtain final Operation and Maintenance manuals for Contractor provided equipment. Appendix A RICHX 116349 Richfield Clarifiers -South Reactor and Chain Room Renovation Page 2 9-7 3.4.2. Request and obtain final copies of as-built drawings and sketches from Contractor 3.4.3. Assist with training of operators 3.4.4. Prepare construction punch lists to expedite project completion 3.4.5. Provide notification to City and contractor of potential liquidated damages 3.4.6. Fully execute and bring closure to any liquidated damages issue 3.4.7. Recommend final payment to contractor upon project completion 3.4.8. Notify surety of final payment and commencement of warranty period. B. Basic Services The following items involve expenditures made by SEH employees or professional consultants on behalf of the Client. Their costs are not included in the hourly charges made for services and shall be paid for as described in this Agreement but instead are reimbursable expenses required in addition to hourly charges for services: 1. Transportation and travel expenses. 2. Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets. 3. Lodging and meal expense connected with the Project. 4. Fees paid, in the name of the Client, for securing approval of authorities having jurisdiction over the Project. 5. Plots, Reports, plan and specification reproduction expenses. 6. Postage, handling and delivery. 7. Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner. 8. Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner. 9. All taxes levied on professional services and on reimbursable expenses. 10. Other special expenses required in connection with the Project. 11. The cost of special consultants or technical services as required. The cost of subconsultant services shall include actual expenditure plus 10% markup for the cost of administration and insurance. The Client shall pay SEH monthly for expenses. C. Equipment Utilization The utilization of specialized equipment, including automation equipment, is recognized as benefiting the Client. The Client, therefore, agrees to pay the cost for the use of such specialized equipment on the project. SEH invoices to the Client will contain detailed information regarding the use of specialized equipment on the project and charges will be based on the standard rates for the equipment published by SEH. The Client shall pay SEH monthly for equipment utilization. Appendix A RICHX 116349 Richfield Clarifiers -South Reactor and Chain Room Renovation Page 3 AGENDA SECTION: RESOLUTION AGENDA ITEM # 10 REPORT # 104 ~I STAFF REPORT CITY COUNCIL MEETING MAY 10, 2011 REPORT PREPARED BY: ROBERT HINTGEN UTILITIES SUPERINTENDENT NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: u ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract for the Logan Avenue Tower Reconditioning Project. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution accepting the bids for the reconditioning of the Logan Avenue Water Tower (7420 Logan Avenue) and awarding contract to TMI Coatings, Inc. in the amount of $796,000 effective as of May 23, 2011. IL .BACKGROUND The one million gallon Logan Avenue Water Tower located at 7420 Logan Avenue South (near Donaldson Park) was built in 1963. The last reconditioning for this water tower occurred in 1996. In September 2010 KLM Engineering performed a routine evaluation of the overall condition on the water tower. Based on their observations, the water tower was found to be in need of reconditioning within the next one to two years. This type of reconditioning if applied and maintained properly has a life span of 15 to 20 years. On March 22, 2011, Council approved the first reading of Transitory Ordinance No. 18.74. On April 12, 2011, Council conducted a public hearing and approved the second reading of the ordinance. It was published in the Sun Current on April 21 2011 with an effective date of (Sunday) May 22, 2011. 051011LoganTower 385810v1 CAH RC160-4 On April 21, 2011 the ad for bid was published and a bid opening was held on May 3, 2011. Four contractors submitted bids with TMI Coatings, Inc. being the lowest bidder. Because the project is weather sensitive and the City Council Meeting scheduled for May 24, 2011 has been cancelled, the City Attorney recommended a resolution be considered allowing Council to accept the bids and award the contract on May 10, 2011 with an effective date of May 23, 2011. III. BASIS OF RECOMMENDATION A. POLICY • Pursuant to Section 8.04 of the City Charter, Council approved Transitory Ordinance 18.74 given the estimated cost exceeded $500,000. • Bids were solicited by advertisement according to City purchasing policies, and a bid opening was held on May 3, 2011. The recommended contractor is the lowest responsible bidder. B. CRITICAL TIMING ISSUES • Based on the 2010 water tower inspection data, the recommended repairs should be addressed within the next one to two- years. • Approval of the recommended contract will require the contractor to commence the work by July 18, 2011 and complete the work by October 7, 2011. C. FINANCIAL • Council approved the sale of a $1,490,000 General Obligation Water bond on April 12, 2011 to fund this project. D. LEGAL • -The resolution has been reviewed by the City Attorney • All contracts or purchases in excess of $50,000 require Council approval. • All contracts or purchases over $100,000 require sealed bids to be solicited by public notice. E. ENVIRONMENTAL CONSIDERATIONS • Water is an essential resource to the community and needs to be provided in a safe manner. ALTERNATIVE KECOMJ • Council could rej of staff that the ~ and responsible. ;ct all bids and instruct staff to re-advertise. It is the opinion d submitted by the recommended contractor is reasonable V . ATTACHMENTS ~ Resolution Bid Tabulation VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ • None 385810v1 CAH RC160-4 l0-1 RESOLUTION NO. RESOLUTION ACCEPTING BIDS FOR THE RECONDITIONING OF THE LOGAN AVENUE WATER TOWER (7420 LOGAN AVENUE SOUTH) AND AWARDING A CONTRACT TO TMI COATINGS, INC. IN THE AMOUNT OF $796,000.00 EFFECTIVE MAY 23, 2011. WHEREAS, the City Council of the City of Richfield has adopted Transitory Ordinance No. 18.74, approving a capital improvement to the Logan Avenue Water Tower pursuant to Section 8.04 and 8.05 of the Richfield City Charter; and WHEREAS, Transitory Ordinance No. 18.74-has an effective date of May 22, 2011; and WHEREAS, in accordance with applicable state law and city ordinance, the City solicited bids for the proposed water tower reconditioning contract; and WHEREAS, a bid opening was held on May 3,-2011. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: The bids referenced on the attached bid tabulation form are accepted. 2. The contract for the reconditioning of the Logan Avenue Water Tower (7420 Logan Avenue) is awarded to TMI Coatings, Inc. in the amount of $796,000.00 effective as of May 23, 2011. 3. The Mayor and City Manager are authorized and directed to execute the contract documents on behalf of the City, no earlier than May 23, 2011. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of May, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 051011LoganTower 385810v1 CAH RC160-4 CITY OF RICHFIELD, MINNESOTA Bid Opening May 3, 2011 2:15 p.m. Logan Tower Renovation Bid No. 11-05 ~o-~ Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Logan Tower renovation, as advertised in the official newspaper on April 21, 2011. Present: Nancy Gibbs, City Clerk Robert Hintgen, Utilities Superintendent Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Bidder's Name Bid Bond TOTAL PCI Roads X $971,051 St. Michael, MN TMI Coatings X $796,000 St. Paul, MN MK Painting Inc. X $987,500 Wyandotte, MI Classic Protective Coatings X $940,000 Menomonie, WI The City Clerk announced that the bids would be tabulated and considered at the May 10, 2011 Regular City Council Meeting. Nancy Gibbs City Clerk AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # 11 REPORT # 105 STAFF REPORT CITY COUNCIL MEETING MAY 10, 2011 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRISTINE COSTELLO, COMMUNITY DEVELOPMENT SPECIALIST ITEM FOR COUNCIL CONSIDERATION: Consideration of an Option Agreement with Sherman Associates d.b.a Skylark Apartments Limited Partnership for the sale of the south portion of the former Public Works Maintenance Facility. I. RECOMMENDED ACTION: By Motion: Approve and authorize execution of attached Option Agreement with Sherman Associates d.b.a Skylark Apartments Limited Partnership for the sale of the south portion of the former Public Works Maintenance Facility. II. BACKGROUND At the March 21st joint worksession of the Richfield City Council, Housing and Redevelopment Authority (HRA) and Planning Commission, the future status of the Candlewood outlot, located at 301 W. 77th Street was discussed. The development firm of Sherman and Associates (Sherman) currently has a Preliminary Agreement with the HRA that precludes the HRA from: entering into any agreements with another party related to this property; soliciting any proposals for the development of this property, or selling this property until its expiration on June 24, 2011. Richfield-Bloomington Honda (R-B Honda) expressed interest at the worksession. in purchasing the property. Staff has not had any in-depth conversations with R-B Honda, but staff felt that it was our obligation to bring their interest in the property to 051011-Option Agreement Sherman the attention of policy makers at the worksession prior to HRA's consideration of a Development Agreement with Sherman for the Candlewood outlot. Based on the feedback from policy makers at the worksession, Sherman decided that they would precede instead with a proposal for the south portion of the former Public Works Maintenance Facility instead of pursuing the Candlewood outlot. Sherman's proposal for the south portion of the Public Works Maintenance Facility is for athree-story 47 unit affordable apartment building. For this proposal Sherman is also applying for funding through the Minnesota Housing Finance Agency (MHFA) Housing Tax Credit program. The MHFA funding offers a ten year reduction in tax liability to owners and investors for eligible affordable rental housing units produced as a result of new construction, rehabilitation, or acquisition. The MHFA funding application uses a "local financial support" as evaluating criteria. A price reduction or donation would increase the likelihood that the project would get approval. Under the terms of the attached Option Agreement, Sherman would pay the fair market value of the property and then be reimbursed for the purchase price of the property through the Housing TIF District that has been in place since 2009. The Option Agreement will demonstrate to MHFA that the "local financial support" for the grant funding has been supported by the City. The Option Agreement is contingent upon Sherman receiving approval from the HRA for a Contract for Private Development and funding from MHFA. If funding is not received, the City will still retain ownership of the parcel. III. BASIS OF RECOMMENDATION A. POLICY • Sherman currently has a Preliminary Agreement with the HRA for the Candlewood outlot that precludes the HRA from entering into any agreements with another party related to the property soliciting any proposals for the development, or selling this property until its expiration on June 24, 2011. • The Preliminary Agreement with Sherman was intended as a preliminary step prior to drafting and executing a Development Agreement. Sherman, HRA staff and legal counsel were in the process of drafting that Development Agreement when Richfield- Bloomington Honda (R-B Honda) expressed their interest in purchasing the property. • On March 21st at a joint worksession of the Richfield City Council, HRA and Planning Commission, the future status of the vacant Candlewood outlot was discussed. • Based on the reaction of, and feedback from policy makers at the joint worksession, Sherman decided to shift their focus to the south portion of the former Public Works Maintenance Facility. • Sherman would be willing to terminate their Preliminary Agreement on the Candlewood outlot so that the City/HRA can enter into further discussions with R-B Honda. B. CRITICAL TIMING ISSUES • Sherman is required to have agreements pertaining to site control and public financing in place prior to making application to the Minnesota Housing Finance Agency (MHFA) for Tax Credits on June 14th. It is Sherman's.hope, therefore, to seek Council approval of their purchase of the property at the May 10th City Council meeting. The site is already designated as a Housing TIF District. • Approval of the Option Agreement is dependant on the HRA's consideration of approval of a Contract for Private Development. A special meeting in May will be scheduled, since the original HRA meeting was canceled due to the City's move to the new Municipal Center. • If Sherman does not receive funding from MHFA, the City will still retain ownership of the parcel. C. FINANCIAL • The Option agreement requires Sherman to pay the fair market value of the property, $610,000. • Sherman will make an initial deposit to a title company of $5,000 upon the effective date of the agreement. • Sherman will also make an additional deposit to the City of $2,000. • The deposited funds will be credited towards the purchase price of the property. • The city will receive cash for the property up front but Sherman will be reimbursed through tax increment financing (TIF) for the purchase of the property (as later defined through a Contract for Private Development between Sherman and the HRA). D. LEGAL • The HRA's legal counsel has drafted the proposed Option Agreement. E. ENVIRONMENTAL CONSIDERATIONS • There are environmental contaminations on the site that will require clean up before any redevelopment of the site could move forward. • The City will assist in applying for any environmental grants related to assessment and clean up of the site. ALTERNATIVE RECOMMENDATION~S~ • Approve the Option Agreement with added provisions or modifications. • Do not approve the Option Agreement. • Continue the consideration of the Option Agreement to a later meeting date. V . .ATTACHMENTS ~ • Option Agreement with Sherman Associ< VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Ryan Sailer, Sherman Associates 11-~ OPTION AGREEMENT THIS AGREEMENT, made and entered into this day of , 2011, by and between City of Richfield, Minnesota, a Minnesota municipal corporation (hereinafter called "Seller"), and Skylark Apartments Limited Partnership, a Minnesota limited partnership (hereinafter called "Purchaser"). 1. Seller hereby irrevocably grants and conveys unto Purchaser the exclusive right and option from the earlier of: (i) the date the Richfield Housing and Redevelopment Authority approves a Contract for Private Redevelopment with Purchaser covering the land which is the subject of this option, or (ii) June 10, 2011 (the "Effective Date") and continuing until December 31, 2011 (the "Option Period"), to purchase that certain land situated in the County of Hennepin, State of Minnesota, as generally described in Exhibit "A" attached hereto (the "Subject Property"). In consideration of the granting of this option, Purchaser shall, within five (5) days of the Effective Date, deposit with a title company designated by Purchaser, an initial option money payment (the "Initial Option Deposit") in the amount of Five Thousand Dollars ($5,000). In the event this option is exercised, and closed, the Initial Option Deposit shall be applied as a credit on the purchase price hereinafter provided. 2. The consideration for the purchase of the Subject Property shall be the total sum of Six Hundred and Ten Thousand Dollars ($610,000), which includes the Initial Option Deposit, and the further sum of Two Thousand Dollars ($2,000) (the "Part Payment") deposited with the Seller on the Effective date. The Part Payment will be credited to the total sum if the purchase of the Subject Property closes. If the option is not executed, or if once executed, the matter does not close, the Part Payment will be returned after first deducting amounts equal to the City's costs incurred in connection with this transaction. 1 ~i-a 3. [Blank]. 4. At any time, and from time to time during the Option Period, and between the exercise of this option and the closing, Purchaser shall have, and Seller hereby gives and grants unto Purchaser, the right of Purchaser, Purchaser's employees, agents, and representatives to enter upon the Subject Property, or any part thereof, with workmen, tools, materials, and equipment, and to make such examination, surveys, and tests, by drilling or otherwise, of said lands as Purchaser may deem desirable to determine the suitability of said premises for Purchaser's purposes. Prior to entry, Purchaser shall give Seller at least 24-hour advance notice of its intention to do so. Such notice will also, if requested by Seller, be given to anyone named by Seller as being in occupation or possession of the Subject Property at the time of the entry. In the event this option is not exercised, or is exercised but not closed, Purchaser shall be obligated to restore the lands to its prior condition, repair and restore all fences damaged as a result of such operations, and compensate Seller for any actual damages done to the lands resulting from the operations provided for in this paragraph. Purchaser shall indemnify and hold Seller harmless from any costs or expenses (including reasonable attorney fees) which Seller could incur as a result of Purchaser exercising its rights to go upon the Subject Property. In the event this option is exercised and closed, Purchaser shall not be liable for any damage done to said lands or to fences resulting from such operations. 5. In the event the option is not exercised, of if not closed following exercise, the Initial Option Deposit, the Additional Option Deposit, and the Part Payment, except as limited in Section 2, shall be returned to Purchaser, and neither party shall have any further claim against the other, except as provided in Section 4. 6. The option hereby granted may be exercised by Purchaser by written notice to Seller given at any time before the expiration of the Option Period. Such notice shall be deemed 2 Il-3 sufficiently given if and when it is addressed to Seller as provided in Section 20 below and either (a) delivered personally to Seller, (b) deposited in the United States mail, registered or certified, with postage prepaid, (c) deposited with an overnight delivery service for next day delivery, or (d) telecopied. 7. Notwithstanding any title commitment that Purchaser may have received previously, Seller shall cause to be delivered to Purchaser, within thirty (30) days of the date this Agreement is fully executed, a current ALTA form commitment for title insurance, in an amount equal to the purchase price, covering the Subject Property, setting forth all exceptions from the title insurance coverage, and enclosing copies of all documents of record recited in such commitment. Purchaser shall have thirty (30) business days from receipt of: (i) said commitment for title insurance, and (ii) an ALTA survey which the Purchaser may at it own cost order not later than five (5) days after exercise of the option, to examine the commitment and survey and, in its sole discretion, provide written notice to Seller that it: (a) objects to the title and conditions its purchase of the property upon the removal of specified exceptions ("Purchaser's Title Objections"), (b) objects to matters disclosed in the survey, or (c) rejects the same. In the event Seller is unwilling or is unable to cure any matters set forth in Purchaser's Title Objections, Seller shall, within 15 business days of receipt of Purchaser's Title Objections, notify Purchaser in writing of the matters that Seller is unwilling or unable to cure, it being understood and agreed that any outstanding mortgages, liens or other instruments identifying financial obligations must be satisfied by Seller either prior to closing or with proceeds provided at closing. Purchaser may then either waive such objections or terminate and cancel this agreement by delivering written notice to Seller, specifying the unacceptable exceptions, and Purchaser shall be entitled to a refund of the amount paid to Seller. Exceptions to title not timely objected to or later waived by Purchaser in writing are herein referred to as "Permitted Exceptions." Title to the Subject 3 I ~ -- u Property shall be conveyed by Seller by Quitclaim Deed free and clear of all liens, encumbrances, restrictions, and easements, except for the "Permitted Exceptions." As soon as is possible following the closing, Seller shall cause the title company to furnish, at Purchaser's sole expense, an ALTA Extended Coverage Form policy of title insurance, dated as of closing date, insuring title to the Subject Property vested in Purchaser, free from all encumbrances except "Permitted Exceptions." 8. Closing of title shall take place by June 30, 2012 or upon fifteen (15) days prior written notice to Seller from Purchaser, given at any time after Purchaser has exercised the option and has notified Seller in writing that title is acceptable to Purchaser (the "Closing Date"). Purchaser shall have the further right, in its sole discretion, and assuming Purchaser is not in default of any of its obligations hereunder, to extend the Closing Date to not later than December 31, 2012 by notifying Seller in writing of such election, and depositing with escrow agent an additional option deposit of Five Thousand Dollars ($5,000) (the Additional Option Deposit"). Such election and deposit must be made not later than June 30, 2012. The Additional Option Deposit will be applied as a credit on the purchase price at closing. 9. The Seller agrees to pay the real estate taxes and assessments payable in the year prior to the year of closing, and all prior years' taxes. Real estate taxes payable in the year of closing shall be prorated to the closing effective as of the closing date. Seller shall pay on or before closing all special assessments levied or pending as of the date of closing. 10. Seller warrants there will not be at closing any contracts relating to the Subject Property. 11. This Option Agreement is specifically contingent upon, among other things, the following conditions being completed or satisfied in Purchaser's sole discretion: (a) Soils encountered-after subsurface investigation are compatible with the proposed 4 ~t-5 development and no adverse environmental problems exist or are discovered, (b) The parties have agreed: (i) to an allocation of the costs of abating any contamination on the Subject Property to a level required for the proposed use, (ii) the timing and nature of any grants or other funds available to pay costs related to any required abatement, and (iii) whether any required abatement would take place before or after closing. (c) Purchaser shall have obtained satisfactory financing for the proposed housing development, and (d) Purchaser shall have obtained all necessary governmental approvals, including, if required by a lender, an appraisal equal to or greater than the purchase price of the Subject Property. If these contingencies are not satisfied, or if the closing does not occur for any reason, the Initial Option Deposit, the Additional Option Deposit and the Part Payment, except as limited in Section 2, will be returned to Purchaser. In the event that Purchaser determines that any contingency is not capable of being satisfied or otherwise waived or released by Purchaser before the Closing Date, Purchaser shall, within 30 days following making such a determination, notify the Seller whereupon this Agreement will be null and void, except as provided in Section 5. The parties acknowledge the Subject Property is being purchased in an open market and Seller does not know of any condemnation or eminent domain proceedings involving the Subject Property. 12. [Blank] 13. [Blank] 14. Possession of the Subject Property shall be delivered by Seller to Purchaser at the time of the closing. 5 Il- ~ 15. The terms "Seller" and "Purchaser" as used herein shall include the heirs, successors, and assigns of the parties hereto, respectively. It is acknowledged that this agreement may be assigned by Purchaser to an entity formed by Purchaser to acquire the Subject Property. Such assignment does not relieve Purchaser of its indemnification obligation under Section 4 unless the Seller determines that the assignee is capable of such indemnification. 16. [Blank] 17. Each party shall be responsible for paying the fees or commissions of any broker retained by that party. 18. Time is of the essence of this agreement. 19. Each party shall, at the request of the other, and subject to the exercise of its legislative judgment, execute acknowledge (if appropriate), and deliver whatever additional documents, and do such other acts, as may be reasonably required in order to accomplish the intent and purposes of this agreement. 20. All communications, notices, and demands of any kind which either party may be required or may desire to give to or serve upon the other shall be made in writing, and such notice shall be deemed sufficiently given if and when it is addressed to then other party as provided below and either (a) delivered personally, (b) deposited in the United States mail, registered or certified, with postage prepaid, (c) deposited with an overnight delivery service for next day delivery, or (d) telecopied: To Seller: City of Richfield, Minnesota Attention Mr. John Stark, AICP, Director of Community Development 6700 Portland Avenue Richfield, Minnesota 55423-2599 Fax: (612) 861-8974 6 1t-7 To Purchaser: Skylark Apartments Limited Partnership 233 Park Avenue South, Suite 201 Minneapolis, MN 55415 Attn: George Sherman Fax: (612) 332-8119 21. Seller represents that it is the actual owner, in fee simple, of the Subject Property, and that no other party holds any actual or beneficial ownership interest in the Subject Property. 22. Seller represents that the Subject Property has legal access to afully-improved public right of way. 23. This agreement and the transaction herein contemplated shall be construed in accordance with, and governed by, the laws of the State of Minnesota. 7 i~-~ IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. By: SELLER: City of Richfield Debbie Goettel Its: Mayor PURCHASER: Skylark Apartments Limited Partnership By: Skylark Apartment GP LLC, its General Partner By: 8 George Sherman Chief Manager i~-~ EXHIBIT "A" SUBJECT PROPERTY The parties intend that this agreement covers Lot 6, Block 4, except the north 60 feet thereof, R.C. SOENS ADDITION as such is shown on the attached survey. The legal may also reflect the reservation of an easement for the portion of a public sidewalk shown on the survey lying south of the north 60 feet of Lot 6. Prior to closing, the parties will determine whether the legal needs to be reformed to comply with subdivision and recording requirements. 385246v4 JBD RC125-307 A-1 ._. v a - ~ :: , - - ~~ ~ ~ p ~ . ~ ~ ~ . ~ ._- ~ ~ _ :.. . r ~ : ~ Y ~ 1 ~,~ f ~ 2.~~ _ ... .-: ~ ._. ___ ___.- . - - o: { ~ k . ~ .... _ .T r..: _.. N._ _ __ _. _ . ... . 1 a~ :~ 'a r ~ _ _ .~ .., 4 ~;.'~ •~ ,. a ~{~ ~ g ~ FI~+ ~ 1 1~. li ~. i ~~ 1 L'.. ~_ 1 II-lo 385246v4 JBD RC125-307 A-2 AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # 12 REPORT # 106 STAFF REPORT CITY COUNCIL MEETING MAY 10, 2011 REPORT PREPARED BY: REVIEWED BY CITY MANAGER: YL I~RUMHOLZ, EXEC. COORDINATOR. ITEM FOR COUNCIL CONSIDERATION: Consideration of appointment to City advisory commission. I. RECOMMENDED ACTION: By motion: Appoint person to fill the expiring or vacant terms on the City advisory commission. IL BACKGROUND Several terms of City commission members expired on January 31, 2011. In addition, there are mid-term vacancies due to resignations that need to be filled. Several advisory commission appointments were made at the January 25, 2011 City Council meeting. Additional appointments were made in the past few months. However, vacancies remain on the Advisory Board of Health and Arts, Friendship City and Human Rights Commissions. III. BASIS OF RECOMMENDATION A. POLICY • The City advisory commissions were established by City ordinance or resolution. Terms are for three-years and are staggered. Several terms expire on January 31 annually. The Council directs the City Manager's office to conduct a recruitment seeking applicants to fill the vacancies. Interviews of the applicants are conducted at Special City Council meetings. These Council meetings are posted in accordance with the-open meeting law requirements. 0510commission B. CRITICAL TIMING ISSUES • Applicants were interviewed at Special City Council meeting on May 10, 2011. There are vacancies on some commissions. A. LEGAL. • The Special City Council Meeting was posted in accordance with the open meeting law requirements. $. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION~S~ • Defer appointments to a later Council meeting. V. ATTACHMENTS • Commission vacancy list VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. ' ~a-~ N 0 NN 'd'd'MN d'MNN c-c- r-~~~ ~~~-~ d'NNN d' 00 0000 0000 ~~r-~ o N N N N N N N N N N _ 0 0 0 0 r, ~ .. .. _ _ .. .. .. .. .. .. NNNN ~ - MM MMMM MMMM ~~~r- X ~ ~ ~ ~ M M M M W ~~ fQ(af~f6 4t c 6c 6 ~'~'~'~' ~~ ~~~~ ~~~~ ct5coca(6 ~ ~ ~ ~ L ~ ~ ~ ~ N W Z U Q Z O N O U _ J Q _ Z O N ~ z °- N O ~ ~ Z O o U y- ~ O U O m ~ N ~ O I- U a N = ~ ~ N O U ~ Z ~ N N Z W Q ~ Q Q ~{. _ U ~ AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # 13 REPORT # 107 ~J STAFF REPORT CITY COUNCIL MEETING MAY 10, 2011 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: JESSE SWENSON, HUMAN RESOURCES COORDINATOR ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for the City Council to confirm the appointment of Wayne Kewitsch as Fire Services Director/Fire Chief for the City of Richfield. I. RECOMMENDED ACTION: By Motion: Confirm the appointment of Wayne Kewitsch as Fire Services Director/Fire Chief for the City of Richfield, effective June 30, 2011. II. BACKGROUND On June 29, 2011 the City's current Fire Services Director/Fire Chief, Brad Sveum, will retire after 29 years of service with the City of Richfield. A recruitment process for a new Fire Chief was undertaken in April 2011. An internal recruitment was posted and the City received two applicants. Both applicants were interviewed by City Manager, Steve Devich and Assistant City Manager, Pam Dmytrenko, and Edina Fire Chief, Marty Scheerer on May 2, 2011. Both candidates also went through a leadership assessment at Martin-McAlister Consulting Psychologists, Inc. As a result of this screening process, and based on Mr. Kewitsch's exemplary performance in his role as Assistant Chief/Fire Marshall, he has been selected by the City Manager for appointment to the position of Fire Services Director/Fire Chief. Mr. Kewitsch is presently the Assistant Chief/Fire Marshall in Richfield. He has been with the Richfield Fire Department since October 2000. Other positions held 0510FirDirAppt on the Richfield Fire Department include firefighter and fire lieutenant. Mr. Kewitsch also served on the St. Louis Park, MN Fire, Department for 3.5 years as a paid-on- call firefighter. Mr. Kewitsch graduated from Edina High School and received a Bachelors of Science degree in Neurobiology & Physiology from Northwestern University. He has also completed various fire service classes at Hennepin Technical College and is in the 3~d year of a rigorous 4-year Executive Fire Officer Program through the National Fire Academy in Emmitsburg, MD. III. BASIS OF RECOMMENDATION A. POLICY ' • According to Richfield's City Charter, Section 6.02 Powers and Duties of the City Manager, Sub.3, Appointment or removal of department heads shall be made final only upon a majority vote of the Council. B. CRITICAL TIMING ISSUES • The Fire Services Department will be without a Director beginning June 30, 2011. C. FINANCIAL • The 2011 Budget includes the funding necessary to provide for the salary and benefit contributions as negotiated. D. LEGAL • According to Richfield's City Code, Council must approve the selection of Mr. Kewitsch before he is appointed Fire Services Director/Fire Chief. E. ENVIRONMENTAL CONSIDERATIONS • NA IV. ALTERNATIVE RECOMMENDATION~S~ • The Council may reject the candidate and direct the City Manager to undertake a new selection process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None.