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09-14-06 Regular CITY OF RICHFIELD, MINNESOTA THURSDAY, SEPTEMBER 14, 2006 ********************************************************************************************************** SPECIAL CONCURRENT HOUSING AND REDEVELOPMENT AUTHORITY/CITY COUNCIL/PLANNING COMMISSION MEETING RICHFIELD CITY HALL COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. Call to order Roll call 5:30 - 6:20 p.m. Metropolitan Council 2011/2020 Housing Needs Assessment (Council Memo No. 143) Adjournment ********************************************************************************************************** REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS' 6700 PORTLAND AVENUE 6:30 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment 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 Moment of silence in memory of former Council Member Howard Bunce Approval of minutes of (1) Regular City Council Meeting of July 25, 2006; (2) Special City Council Meeting of July 31,2006; and (3) Regular City Council Meeting of August 8,2006. PRESENTATIONS 1. Annual meeting with Friendship City Commission 2. Annual meeting with Charter Commission COUNCIL DISCUSSION 3. Council discussion . Relocation of siren pole on 76th between Oliver and Newton Avenues . Hats Off To Hometown Hits Notes: AGENDA APPROVAL 4. Council approval of agenda CONSENT CALENDAR 5. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of resolution accepting $200 donation from Richfield/Bloomington Eagles to Richfield Fire Department S.R. No. 174 B. Consideration of approval of first reading of transitory ordinance authorizing the planning, design and construction of the Backwash Reclaim Tanks Project and set public hearing and second reading to be held October 10, 2006 S.R. No. 175 C. Consideration of approval of resolutions authorizing acceptance of the Joint Powers Agreements between Mn/DOT and the City of Richfield to accept payment from . Mn/DOT for their portion of the design services for Richfield Lake Improvement Project and Lyndale Avenue Storm Sewer Project S.R. No. 176 D. Consideration of approval to purchase engineering services from WSB & Associates to provide final design services for Richfield Lake Improvements Project not to exceed $104,908 and Lyndale Avenue Drainage Improvements Project not to exceed $122,840 S.R. No. 177 E. Consideration of approval of resolution authorizing acceptance of agreement allowing the City to provide all maintenance of Cedar Point Pond S.R. No. 178 F. Consideration of approval of resolution accepting grant funds from State of Minnesota for alcohol compliance checks S.R. No. 179 G. Consideration of approval of amendment to Bloomington Emergency Preparedness Contract authorizing use of grant funds to provide services in the area of pandemic flu preparedness S.R. No. 180 Notes: 6. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARING 7. Public hearing and consideration of approval of resolution authorizing amendment to Conditional Use Permit at Richfield Central School, 7145 Harriet Avenue Staff Report No. 181 Notes: RESOLUTIONS 8. Consideration of approval of resolution establishing just compensation and authorizing the purchase of businesses at 6613, 6545 and 6544 Portland Avenue Staff Report No. 182 Notes: 9. Consideration of approval of 2006 Revised/2007 Proposed Budget resolutions adopting 2007 preliminary property tax levy, setting truth in taxation hearing dates, authorizing budget revisions, authorizing revision of 2006 budget of various departments, and authorizing use of Public Employees Retirement Association Police and Fire Fund refund interest earnings for police and fire expenditures Staff Report No. 183 Notes: PROPOSED ORDINANCE 10. Consideration of approval of first reading of ordinance amendment rezoning 15 properties within the 1-494 Corridor and set public hearing and second reading for October 10,2006 Staff Report No. 184 Notes: OTHER BUSINESS 11. Consideration of approval of Amendment to Right of Entry Agreement for use of southerly lots of 66th between 17th Avenue and Cedar Avenue by Ryan Companies US, Inc. prior to conveyance dates of properties to same Staff Report No. 185 Notes: CITY MANAGER'S REPORT 12. City Manager's report . Open Forum survey results (Council Memo No. 145) Notes: 13. 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 aI/ow sufficient tim 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: 14. Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. AGENDA SECTION: AGENDA iTEM # REpORT # Consent 5A 174 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 14,2006 REpORT PREPARED By: BRAD SVEUM - FIRE SERVICES DIRECTOR/CHIEF NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: [2J REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution accepting a donation of $200 from the Richfield/Bloomington EaQles #3208 to the Richfield Fire Department. 1. RECOMMENDED ACTION: By Motion: Approve the resolution accepting the donation of $200 from the Richfield/Bloomington Eagles #3208 to the Richfield Fire Department. I II. BACKGROUND I The Richfield/Bloomington Eagles, in past years, have donated gambling fund revenue to the Richfield Fire Department. I III. BASIS OF RECOMMENDATION I I A. POLICY I . Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. 0914FireDonation . The Administrative Services Department issued a memo on November 9, 2004 requiring that all grants and restricted donation to departments be received by resolution and by more than two-thirds majority of the City Council in accordance with Minnesota Statute 465.03. I B. CRITICAL ISSUES I . This donation aids in reducing the expenditure for Fire operations from the General Fund I C. FINANCIAL I . There are no financial costs associated with the acceptance of this donation I D. LEGAL I . Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. I IV. ALTERNATIVE RECOMMENDATION(S) . Decline acceptance of the donation I V. ATTACHMENTS . Council Resolution . Letter from the Richfield/Bloomington Eagles #3208 I VI. PRINCIPALPARTIESExpECTEDATMEETING I . Representative from the Richfield/Bloomington Eagles 5fJ-1 RESOLUTION NO. ACCEPTANCE OF A DONATION BY THE RICHFIELD/BLOOMINGTON EAGLES #3208 IN THE AMOUNT OF $200 BY THE RICHFIELD FIRE DEPARTMENT AND TO AUTHORIZE THE CITY TO ADMINISTER THE DONATION IN ACCORDANCE WITH THE TERMS PRESCRIBED BY THE DONORS. WHEREAS, Minnesota Statute 465.03 reads in part as follows: Any city, county school district or town may accept a grant or devise of real or personal property and maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Nothing herein shall authorize such acceptance of use for religious or sectarian purposes. Every acceptance shall be by resolution of the council adopted by two-thirds majority of its members, expressing such terms in full, and WHEREAS, the City of Richfield has been awarded the donation as described below, A donation in the amount of $200 given by the Richfield/Bloomington Eagles #3208 to the Richfield Fire Department. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. That the City Council of the City of Richfield hereby accepts the donation of $200 from the Richfield/Bloomington Eagles #3208 for the year 2006 and authorizes the City to administer the funds in accordance with the terms prescribed by the donors Adopted by the City Council of the City of Richfield, Minnesota this 14th day of . September, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 5A -;1.. July 10, 2006 It is with great regret that this letter needs to be written; however we feel it is our duty to inform charities of the present circumstances. The Richfield/Bloomington Eagles #3208 has for years generously supported both local and national charities; it's something that we feel blessed to do. There is no greater feeling in the world than to know monies generated by our local club goes to support very worthwhile organizations. It saddens us that we must scale back our normal contributions & hope eventually some day we may return to our normal charitable giving. Unfortunately the City Council of Bloomington enacted a smoking ban which has decreased our business by 50%. Nobody ever thought that this would virtually empty the 4th floor of the Mall of America and many other local establishments; but it has. Other communities south of the river are prospering and greatly expanding; several of these owners are almost apologetic for the increase in business & and sad to see many other clubs hurting. Please keep in mind we are your neighbors, we are proud to help local high schools and take great joy in coaching and mentoring the young people in our community. Weare called to do so; many other parents & friends helped us when we were just kids and now it is our turn to assist the modem generation. Our charter and motto is "people helping people", we can only hope that local councils will reverse the ban on smoking. Several people have thought that a state ban is immanent, however that is not likely in the near future since there is too much money & . influence involved. Thank you, .,.-, Richfield/Bloomington Eagles #3208 AGENDA SECTION: AGENDA ITEM # REpORT # Consent 5B 175 .... STAFF REpORT RICHFIEL0 CITY COUNCIL MEETING SEPTEMBER 14, 2006 REpORT PREPARED By: BRIAN YOUNG, UTILITY SUPERINTENDENT NAME, TInE COUNCIL PRESENTER: NAME, TInE DEPARTMENT DIRECTOR REVIEW: ~ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of a transitory ordinance authorizing the planning, design and construction of the Backwash Reclaim Tanks Project at the Water Treatment Facility with an estimated cost of $1 ,208,000.00 and schedule a public hearing and second reading for October 10,2006. I. RECOMMENDED ACTION: By Motion: Approve the first reading of the transitory ordinance authorizing the planning, design and construction of the Backwash Reclaim Tanks Project and schedule a public hearing and second readina for October 10, 2006. I II. BACKGROUND I Funding for construction of a $1,100,000 Backwash Reclaim Tank was included in the 2006 Water Utility Bond for $6,080,000. The new tank is also included in the revised 2006 Capitol Improvement Program. The Backwash Reclaim Tank will help stabilize the treatment process and extend the life of the sand filters, which were recently reconstructed. A Backwash Reclaim Tank was not constructed as part of the original Water Plant Construction in 1963 but is now recommended by the Health Department and the Ten State Standards, the guidebook for Water Plant construction and operations. The current process allows the highly turbid filter backwash water to be 0914FirstRBackwash returned to the head of the plant, and upsets the chemical make-up, affecting the downstream processes. The new tanks would allow for the backwash water to be sent to the backwash tank and allow the solids to settle to the bottom of the tank.. Once this occurs we will reclaim the decanted flow back to the head of the plant and send the solids to the lime sludge presses. This will give us better control of our backwash water and stop the spikes o~ turbidity that upsets our water treatment process. The City Attorney has determined that a public hearing, as identified in the City Charter, is needed. So, staff is recommending that a public hearing be scheduled for October 10th, 2006 beforethe contract is awarded. I III. BASIS OF RECOMMENDATION I I A. POLICY I . Pursuant to Section 8.04 of the City Charter, the project will require approval of a transitory ordinance because the estimated project cost exceeds $500,000. I B. CRITICAL ISSUES I . The current process allows the filter backwash water to be sent to the head of the plant without settling and therefore upsets the water treatment process. . The longer it takes to install the Backwash Reclaim Tanks, the more it will cost. I C. FINANCIAL I . At the April 25, 2006 City Council Meeting, Council approved the sale of $6,080,000 G.O. Water and Sewer Revenue Bonds, Series 2006A, for capital improvements at the Water Plant. . Proceeds from the G.O. Water & Sewer Bonds will fund the Installation of the Backwash Reclaim Tanks. I D. LEGAL I . Pursuant to Section 8.04 of the City Charter, the project will require approval of a transitory ordinance because the estimated project cost exceeds $500,000. . Pursuantto Section 8.05 of the City Charter, notice of the public hearing will be published twice in the Sun Current fourteen days prior to the hearing. Publication dates will be September 28,2006 and October 5, 2006. . The City Attorney has reviewed the ordinance for this capital improvement. I IV. ALTERNATIVE RECOMMENDATION(S) I . Council may choose to take no action at this time. . I V. ATTACHMENTS . Proposed Transitory Ordinance I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None 58-1 BILL NO. Transitory Ordinance No. AN ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT FOR THE INSTALLATION OF A BACKWASH RECLAIM TANK PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findinQs. 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 mustbe approved by ordinance atter a public hearing. 1.02. It is proposed that the City Council approve a capital improvement project for the Installation of a Backwash Reclaim Tank at the Municipal Water Treatment Plant. 1.03. The capital improvement project consists of the installation of a Backwash Reclaim Tank and related improvements. 1.04. The estimated construction cost ofthe capital improvement is in excess of $500,000. The estimated cost is $1,208,000.00. The estimated cost of design and engineering costs is $ 172,645.00. 1.05. A public hearing was held on October 10, 2006 atter 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 Backwash Reclaim Tank Project be approved. Sec. 2. Approval; effective date. 2.01. The Backwash Reclaim Tank Project is approved, and this 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 Backwash Reclaim TankProject; nor does it vest any rights in Backwash Reclaim Tank Project to any individual or entity. This Ordinance shall not be construed to pre-approve any contracts for the design or construction of the Backwash Reclaim Tank Project, and the City Council specifically reserves to itself the authority to approve any such contracts. The City Council reserves the right to abandon the Backwash Reclaim Tank Project or to modify elements of the Backwash Reclaim Tank Project, if the Council deems abandonment or modification to be in the public interest. . 2.03. This ordinance is effective 30 days following its publication. . 58-~ Adopted by the City of Richfield this 10th day of October, 2006. ATTEST: Nancy Gibbs, City Clerk Martin J. Kirsch, Mayor AGENDA SECTION: AGENDA ITEM # REpORT # Consent 5C 176 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 14,2006 REpORT PREPARED By: KRISTIN ASHER, ASSISTANT CITY ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ REVIEWED BY CITY MANAGER: I:ii . ITEM FOR COUNCIL CONSIDERATION: Consideration of approving the resolutions authorizing acceptance of the Joint Powers Agreement between Minnesota Department of Transportation (Mn/DOT) and the City of Richfield for ProfessionallTechnical Services to provide final design for: . Richfield Lake Improvement Project in conjunction with the Crosstown Commons reconstruction project. . Stormwater drainage improvements on Lyndale Avenue to accommodate runoff from the 1- 35WITH 62 Crosstown riqht-of-way. . RECOMMENDED ACTION: By Motion: . Approve the resolution authorizing acceptance of the State of Minnesota Joint Powers Agreement No. 89840 between the Minnesota Department of Transportation (Mn/DOT) and the City of Richfield to accept payment from Mn/DOTfor their portion of the design services for the Richfield lake Improvement Project. . Approve the resolution authorizing acceptance of the State of Minnesota Joint Powers Agreement No. 89841 between Mn/DOT and the City of Richfield to accept payment from Mn/DOT for the design services for the lyndale Avenue Storm Sewer Project. 0914RichLakeJPA I. . I II. BACKGROUND I As a result of the Crosstown Reconstruction Project, Mn/DOT will have.additional stormwater runoff entering into Richfield and Minneapolis. These agreements address the stormwater improvement projects that will accommodate stormwater traveling under Lyndale Avenue from TH 62 to 64th Street and across the Lyndale Garden Center parkinglotinto perimeter ponds at Richfield Lake. The Richfield Lake project will improve the water quality of the main lake by treating the direct runoff in perimeter ponds that will be constructed as p;:trt of the project. The construction is expected to begin in the fall of 2007. The Lyndale Avenue Drainage project is necessary to upsize the stormwater sewer that will transfer the Crosstown runoff to the pond. Lyndale Avenue will be reconstructed from TH 62 to 64th Street as a result of the project. The construction is expected to begin in the summer of2007. Staff believes it is in the City's best interest to administer both the design and construction of the improvements at Richfield Lake and along Lyndale Avenue for Mn/DOT. Administering the projects will allow staff to influence the project design and control the construction, as well as providing the opportunity to make additional improvements concurrently. The Joint Powers Agreements for Council consideration are necessary for the City to receive reimbursement funds from Mn/DOT for the final design portion of the projects. I III. BASIS OF RECOMMENDATION I I A. POLICY I . Utilizing Richfield Lake for the treatment of stormwater is consistent with City policy to use regional ponds whenever possible. lB. CRITICAL ISSUES I . The execution of the Joint Powers Agreements is necessary to receive Mn/DOT funds for the final design of both. projects. I C. FINANCIAL I . The approval of the Joint Powers Agreements will not cost the City any money. I D. LEGAL I . The City Attorney has reviewed the agreements and will be available at the Council meeting to answer any questions. I IV. ALTERNATIVEREcOMMENDATION(S) . None. The proposed agreements are consistent with discussions City staff has had with Mn/DOT officials. I V. ATTACHMENTS I . Resolution approving Mn/DOT Contract No. 89840 . Resolution approving Mn/DOT Contract No. 89841 . Mn/DOT Contract No. 89840 for Richfield Lake Improvements . Mn/DOT Contract No. 89841 for Lyndale Avenue Drainage Improvements . Graphic depicting Richfield Lake project area . Graphic depicting Lyndale Avenue project area I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None anticipated. . 5C.-1 RESOLUTION NO. RESOLUTION AUTHORIZING APPROVAL OF AGREEMENT NO. 89840 AMONG THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MN/DOT) AND THE CITY OF RICHFIELD TO PROVIDE FINAL DESIGN SERVICES AND ACCEPT PAYMENT FOR MN/DOT'S PORTION OF THE DESIGN SERVICES FOR THE RICHFIELD LAKE IMPROVEMENT PROJECT. WHEREAS, Mn/DOT wishes to utilize Richfield Lake for additionalstormwater treatment purposes for thel-35W/Crosstown Reconstruction Project (highway purposes); and WHEREAS, both the City and Mn/DOT will benefit from the improvements at Richfield Lake; and WHEREAS, the City and Mn/DOT deem it mutually advantageous to have the City administer the final design services; and WHEREAS, Mn/DOT has agreed to reimburse the City for their portion of the final design services. NOW, THEREFORE, BE IT RESOLVED by the Richfield City Council that the "State of Minnesota Joint Powers Agreement for ProfessionallTechnical Services", identified as Mn/DOT Agreement Number 89840, a copy of which was before the Council, is hereby approved for the following purposes: To provide final design services by the City in exchange for payment from Mn/DOT to the City for Mn/DOT's share of the final design costs for the stormwater improvements as part of the Richfield Lake Improvement Project. BE IT FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. Adopted by the City Council of the City of Richfield, Minnesota on this 14th day of September 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 5 C-;J.. RESOLUTION NO. RESOLUTION AUTHORIZING APPROVAL OF AGREEMENT NO. 89841 AMONG THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MN/DOT) AND THE CITY OF RICHFIELD TO PROVIDE FINAL DESIGN SERVICES AND ACCEPT PA YMENTFOR MN/DOT'S PORTION OFTHE DESIGN SERVICES FOR THE LYNDALE AVENUE DRAINAGE IMPROVEMENTS. WHEREAS, Mn/DOT wishes to reconstruct the storm sewer on Lyndale Avenue from TH 62 to 64th Street for additional stormwater treatment purposes for the 1- 35W/Crosstown Reconstruction Project (highway purposes); and WHEREAS, both the City and Mn/DOT will benefit from the improvements on Lyndale Avenue; and WHEREAS, the City and Mn/DOT deem it mutually advantageous to have the City administer the final design services; and WHEREAS, Mn/DOT has agreed to reimburse the City for their portion of the design services. NOW, THEREFORE, BE IT RESOLVED by the Richfield City Council that the "State of Minnesota Joint Powers Agreement for Professional/Technical Services", identified as Mn/DOT Agreement Number 89841 , a copy of which was before the Council, is hereby approved for the following purposes: To provide final design services by the City in exchange for payment from Mn/DOT to the City for Mn/DOT's share of the final design costs for the stormwater improvements as part of the Lyndale Avenue Drainage Improvement Project. BE IT FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. Adopted by the City Council of the City of Richfield, Minnesota on this 14th day of September 2006. Martin J. Kirsch, Mayor ATTEST: . Nancy Gibbs, City Clerk Mn/DOT Agreement No. 89840 5C," :3 STATE OF MINNESOTA JOINT POWERS AGREEMENT FOR PROFESSIONAL/TECHNICAL SERVICES CFMS Contract No. State Project Number (S.P.): 2782-281 Trunk Highway Number (T.R.): I-35W Project Identification: Richfield Lake Improvements This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and the City of Richfield, acting through its City Council, address 6700 Portland Avenue South, Richfield, MN 55423 ("City"). Recitals 1. Under Minn. Statutes ~ 15.061 State is empowered to engage such assistance as deemed necessary. 2. Minnesota Statutes So 471.59 authorizes State and City to enter into this Agreement. 3. State is in need of final design services for the Richfield Lake Water Quality Improvement Project in conjunction with the Crosstown Commons reconstruction project. 4. City represents that it is duly qualified and agrees to perform all services described in this agreement to the satisfaction of State. Agreement 1 Term of Agreement 1.1 Effective date: This Agreement will be effective on the dateState obtains all required signatures underMinnesota Statutes Section ~ 16C.05, subdivision 2. 1.2 Expiration date: This Agreement will expire on May 31, 2007, or when all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms: All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 6. Liability; 7. State Audits; 8. Government Data Practices; 9. Intellectual Property Rights; andIO. Venue. 1.4 Exhibits: Exhibits A and B are attached and incorporated into this Agreement. 2 Scope of Work and Deliverables (all Activity Code 1250) 2.1 Pursuant to applicable laws, City will enter into a subcontract with a Consultant (WSB and Associates, Inc.) to perform the following tasks: 2.1.1 Project Management 2.1.2 Data Collection/Field Design Survey 2.1.3 Geotechnical Study 2.1.4 Final Design and Preparation of Construction Plans and Cross Sections 2.1.5 Special Provisions 2.1.6 Construction Cost Opinion 2.1.7 Plan Review and Approval 2.1.8 Right"'-of-Way Plan and Layout 2.1.9 Utility Coordination 2.1.10 Obtain Permits 2.1.11 Public Involvement 2.1.12 Bid Letting See Exhibit A for additional information on the Scope of Work and Deliverables. Page 1 of5 (CSS Reviewed 8/14/2006) 3 Payment 3.1 Consideration. The total cost of this project is not to exceed $104,908.00. project will be split as follows: State: $68,190.20, or 65% of the total cost, whichever is less. City: $36,717.80, or 35% of the total cost, whichever is less. 5 c., y Mn/DOT Agreement No. 89840 Cost sharing for this 3.1.1 Compensation. State will reimburse City for subcontractor costs. Payment Liquidation: City will submit invoices for payment in accordance with the following schedule: Monthly 3.1.2 Total Obligation. The total obligation of State for all compensation and reimbursements to City will not exceed $68,190.20. 3.2 Terms of Payment 3.2.1 Invoices. State will promptly pay City after City presents an itemized invoice for the services actually performed and State's Authorized Representative accepts the invoiced services. City will use the format set forth in Exhibit B when submitting invoices. 3.2.2 Retainage. Under Minnesota Statutes Section 16C.08, subdivision 5(b), no more than 90% of the amount due under this Agreement may be paid until the final product of this Agreement has been reviewed by State's agency head. The balance due will be paid when State's agency head determines that City has satisfactorily fulfilled all the terms of this Agreement. 3.2.3 Federal funds. If federal funds are used City is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by City's failure to comply with federal requirements. 4 Authorized Representatives 4.1 State's Authorized Representative will be: Name: Mark Hagen Title: Senior Consultant Administrator Address: Minnesota Department of Transportation 1500 West County Road B-2 Roseville, MN 55113 Telephone: (651) 582-1479 Fax: (651) 582-1669 E-mail: mark.hagen@dot.state.mn.us State's Authorized Representative, or his successor, will monitor City's performance and has the authority to accept or reject the services provided under this Agreement. 4.2 State's Project Manager will be: Name: John Griffith, P.E. Title: West Area Engineer Address: Minnesota Department of Transportation 1500 West County Road B-2 Roseville, MN 55113 Telephone: (651) 582-1206 Fax: (651) 582-1308 E-mail: john.griffith@dot.state.mn.us State's Project Manager, or his successor, has the responsibility to monitor City's performance and progress. State's Project Manager will review billing statements, make recommendations to State's Authorized Representative for acceptance of City's goods or services and make recommendations to State's Authorized Representative for certification for payment of each invoice submitted for payment. Page 2 of5 (CSS Reviewed 8/14/2006) 5C.-:)" MnlDOT Agreement No. 89840 4.3 City's Authorized Representative will be: Name: Kristin Asher, P.E. Title: Project Manager Address: City of Richfield 6700 Portland Avenue South Richfield, MN 55423 Telephone: (612) 861-9795 E-mail: kasher@cityofrichfield.org 5 Assignment, Amendments, Waiver and Contract Complete 5.1 Assignment City may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the Original Agreement, or their successors in office. 5.3 Waiver. If State or City fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between State and City. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. . 6 Liability 6.1 The employees and agents of the City will not be deemed to be employees of the State for any reason. 6.2 Each party will be solely responsible for its own acts and omissions, the acts and omissions of its employees, and results thereof to the extent authorized by law. The parties will not be responsible for the acts of any others and the results thereof. 6.3 Liability of State will be governed by the provisions of Minnesota Statutes Section 3.736 and liability of City will be governed by Minnesota Statutes Chapter 466. This clause will not be construed to bar any legal remedies each party may have for the other party's failure to fulfill its obligations pursuant to this Agreement. 6.4 Each party to this Agreement will defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. 7 State Audits 7.1 Under Minn. Stat.g 16C.05, subd. 5, City-'s books, records, documents and accounting procedures and practices relevant to this Agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 8 Government Data Practices 8.1 City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained or disseminated by City under this Agreement. The civil remedies of Minn. Stat. 9 13.08 apply to the release of the data referred to in this clause by either City or State. 9 Intellectual Property Rights 9.1 Intellectual Property Rights. State owns all rights, title and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks and service marks in the Works and Documents.created and paid for under this Agreement. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, Page 3 of5 (CSS Reviewed 8/14/2006) 5C-&; notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes and disks conceived, reduced to practice, created or originated by City, its employees, agents and subcontractors, either individually or jointly with others in the performance of this Agreement. Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks or other materials, whether in tangible or electronic forms, prepared by City, its employees, agents or subcontractors, in the performance of this Agreement. The Documents will be the exclusive property. of State, and City upon completion or cancellation of this Agreement must immediately return all such Documents to State. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire." City assigns all right, title and interest it may have in the Works and the Documents to State. City must, at the request of State, execute all papers and perform all other acts necessary to transfer or record State's ownership interest in the Works and Documents. MnlDOT Agreement No. 89840 10 Venue 10.1 Venue for all legal proceedings out of 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. State or the Commissioner of Administration may terminate this Agreement at any time, with or without cause, upon 30 days' written notice to City. 11.2 Termination for Insufficient Funding. State 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 or fax notice to City. State is not obligated to pay for any services that are provided after notice and effective date of termination. However, City will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. State will not 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. State must provide City notice of the lack of funding within a reasonable time of State's receiving that notice. 11.3 Suspension. State may immediately suspend this Agreement in the event of a total or partial government shutdown due to failure to have an approved budget by the legal deadline. Work performed by City during a period of suspension will be deemed unauthorized and undertaken at risk of non-payment. 12 Additional Provisions 12.2 City must send the original of each invoice to State's Consultant Services Section for review and payment at: Minnesota Department of Transportation Consultant Services Section, Mail Stop 680 395 John Ireland Boulevard Saint Paul, Minnesota 55155-1899 City must send a copy of each invoice and support documentation to State's Authorized Agent and State's Project Manager for review and approval at the same time the originals are sent to State's Consultant Services Section. Page 4 of5 (CSS Reviewed 8/14/2006) STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat..9f 16A.15 and 16C.05. Signed: Date: CFMS Contract No. A- CITY OF RICHFIELD* City of Richfield certifies that the appropriate person( s) have executed the Agreement on behalf of City as required by applicable articles, bylaws, resolutions or ordinances. By: Title: Date: By: Title: Date: '5 t.--1 Mn/DOT Agreement No. 89840 STATE AGENCY By: (with delegated authority) Title: Date: COMMISSIONER OF ADMINISTRATION As delegated to Materials Managernent Division By: Date: * INLCUDE COPY OF RESOLUTION APPROVING THE AGREEMENT (ess Reviewed 8/14/2006) Page 5 of5 ,,< ~. 5 C.... 2 MnJDOT Agreement No. 89840 Exhibit A Detailed Scope of Work and Deliverables Introduction: This project involves the construction of a perimeter conveyance system around the north side of Richfield Lake, along with the creation of stormwater retention and treatment areas to allow perimeter areas of the lake to treat water directed to it from areas within the I..;35W and T.H. 62 Crosstown right-of-way. A similar perimeter conveyance system will also be constructed as part of this project around the south side of the lake to accommodate stormwater from the City of Richfield. The cost associated with the design and wQrk will be split between State and City based on the relative percentage of the construction cost that is associated with each party's improvements. The scope of services includes development of final plans and specifications, special provisions and bidding documents. City will enter into a subcontract with a subconsultant (WS}3 and Associates, Inc.), hereinafter "Consultant", to perform the following tasks Task 1: Project Management This task will consist of continued management and administration, project coordination and commUIiication with the City and State during the design phase. Hincludes periodic meetings with City/State staffand others to coordinate the various elements of the project including plan review by City and State. It is estimated there will be five meetings. Induded in this task are work associated with billing preparation, invoicing, progress reports and other non-technical work associated with this phase of the project. . Task 2: Data CollectionlField Design Survey Some field design surveys have been completed as part of previous design work in this area. Additional design surveys will be required. Consultant will complete the necessary field survey and also collect information on City and private utilities for the project area. Culverts, hydrants, gate valves and other drainage and utility elements in the project cOlTidor will be located as part of this field survey. It is assumed that four days offield survey will he necessary for the final design, including time to return and obtain additional information where needed. An updated design base map will be developed from the. survey information. Task 3: Geotechnical Study Consulta."lt will contract with a soils firm to collects soils information from the project area for use in the design of the traillberm, as well as side slopes, retaining walls and structural footings. A soils letter will be prepared by the soils consultant with recommendations for the trail and retaining wall design. Task 4: Final Design and Preparation of Construction Plans and Cross Sections Consultant will prepare a set of construction plans for the grading, traiIlberm and drainage improvements associated with the project. Specifically, the construction plan will consist of the following sheets and include items shown in State Aid's example plan set: · Title Sheet: Contains the location map, signature block, sheet index, project data and station-reference point comparisons. · General Layout: Layout of the project showing.the plan sheet layout and sheet numbers for reference. · Statement of Estimated Quantities: Contains State's standard pay item numbers, item . descriptions and quantity of all materials. Quantity totals will be subtotaled by funding source, including pro-rate and lump sum items, 100% State, 100% City, and split in appropriate areas. References to quantity tabulations of each individual item will be made. Notes will be included where necessary for clarification. · Quantity Tabulations: Tabulations will be prepared summarizing the earthwork volumes by station and the balance of calculations by stage. Calculations will be done using the Page 1 of 4 .'! " 5 ~- q Mn/DOT Agreement No. 89840 Exhibit A Detailed Scope or Work and Deliverables , ~~ . average end area method. Detailed tabulations of each item contained on the estimated quantities sheet will be included. Two independent quantity calculations with one set checked by a senior engineer will be prepared for each item. · Soil Construction Notes and Standard Plates: Soils and construction notes covering special requirements and critical information contained in the soils letter will be listed. Standard plates used on this project will also be listed. · Typical Sections: Sections.will be shown for berm/trail, perimeter conveyance system and other elements of the project as necessary. · Traffic Control and Haul Roads: Provide plan showing proposed haul route and traffic control required for the project. · Miscellaneous Details: Provide details necessary for the construction of unique or non- standard items and other items identified during the detail design process. · Standard Plans: Insert standard plans wherever needed to eliminate or supplement construction details in the plan. .. Alignment Plans and Tabulations: Prepare alignment plans for the traillberm if necessary showing proposed centerlines, stationing and identifying alignment points with point numbers and curves with curve numbers,incIuding permanent horizontal control points. Prepare tabulation sheets showing alignment and curve data (PC, PT, POT, POC, PCC) for the alignment points shown on the alignment plan. Tabulated data will include station, delta, degree of curve, radius, tangent, curve length, super elevation rate and X and Y coordinates. . · Existing Topography, Utility and Removal Plans and Tabulations: Prepare plans showing updated topographic features and public and private utilities, including wells, septic tanks, drain fields and field tile within the project limits; proposed centerlines and right-of-way lines;.pavement, pipe, culvert, and drainage structure removals; and tree clear and grub location and tabulations. · Sidewalks and Trails: Consultant will design a sidewalk and bicycle path system consistent with the approved. geometric layout and State.Aid .standards. · Culvert/Storm Sewer Profiles: Show centerline profiles of proposed culverts and storm sewers. Show the culvert or pipe size, Ieng-ah, grade, aprons and inlet/outlet elevations. Show all known existing and proposed utility locations along with elevations. All.utilities will be labeled. · Stormwater Rate Control and Treatment: Design and prepare plans to meet review agency requirements. This includes providing for special manhole. treatment structures. · Proposed Drainage Tabulation: List the location, type, size, length, inlet and outlet elevations, grade, class, erosion control, excavation and bedding for larger culverts. · Turf Establishment Plans and Temporary and Permanent Erosion/Sediment Control: Prepare plans showing areas requiring temporary and permanent turf establishment due to construction disturbance and the type of material to be placed (sod, seed, mulch, wood fiber blanket, etc.). Show the type and location of temporary and permanent erosion control devices, sedimentation basins, waters of the State within one half mile of the project and wetlands identified on the Nation Wetland Inventory map. · SWPPP: A Storm Water Pollution Prevention Plan (SWPPP) will be prepared by Consultant as required by the Minnesota Pollution Control Agency. · Cross SectionslEarthwork Computations: Compute earthwork volumes and balances and show end area calculations on right side of cross section sheet. Existing ground for each cross section will be created from contour information available on the base mapping. All plans will be produced according to State's Level 2 Computer-Aided Drafting and Design (CADD) Standards, incorporated by reference. Page 2 of 4 ... :5 r,....)D Mn/DOT Agreement No. 89840 Exhibit A Detailed Scope of Work and Deliverables Task 5: Special Provisions Consultant will write special provisions for unique items not covered adequately in the "Mn/DOT Standard Specification for Construction" or the "Mn/DOT SP-5 Special Provisions", both incorporated by reference. The appropriate City specifications will also be part of the special provisions. Each provision will " contain a description, materials, construction requirements, method of measurement and basis of payment for each item. Deletions from and additions to standard specifications will be written and included as necessary. An electronic copy in Microsoft Word format, or the most current version of compatible software," and a hard copy of the final special provisions will be submitted. The special provisions will be coordinated with the City's Specifications and Agreement Engineer. Task 6: Construction Cost Opinion Consultant will prepare a construction cost opinion based on quantities generated as part of the preparation of the construction plans. Costs will be split by funding source, including pro rata of lump sum items, percent State, percent City, other percentage splits and drainage flow percentages. An electronic copy and a hard copy of the final estimate will be submitted. Task 7: Plan Review and Approval Consultant will submit plans to and meet with the City and State's Design Engineer to review plans and specifications outlined in the previous tasks. Revisions will be made to plans as appropriate. Following approval of the plans by the City and State's Office of State Aid, a paper and digital- ready copy ofthe plans and bid proposal will be provided. Consultant will submit plans and supplemental provisions for review and approval at three stages of development: Stage 1- Preliminary Design (30% Complete): Consultant will develop the plans to 30% completion. The plans will meet State Aid standards. Upon.receipt of City and State Aid revIew the comments will be revised accordingly. Stage 2 - Final Design (95% Complete): After receiving approval of Preliminary Design, Consultant wilIcomplete all areas of design and all sheets in the plan, and submit eight sets of . plans and supplemental specifications. Three sets of design computations (inciuding drainage) and quantity calculations will also be submitted. Upon receipt of City and State Aid review comments the plans will be revised accordingly. Stage 3 - Final Design (100% Complete): After receiving review comments of Final Design, Consultant will incorporate the comments and submit one complete set of signed originals on bond paper with eight copies. In addition, one complete set of design computations, basis of quantity and quantity calculations, and one copy of the engineer's opinion of probable construction costs . will be submitted. Task 8: Right-of-Way Plan and Layout Consultant will prepare a right-of-way plan meeting State Aid standards forreview and approval. The plan will be included in the construction documents and will include the proposed construction plan and profile, estimated construction limits, proposed right-of-way and temporary and permanent easements. The right-of-way plan will have ownership tabulations, and will show trees and otlier topographic information. Consultant will also prepare a right-of'::way layout with this information. The layout will be developed using Hennepin County Right':of-Way Division standards, incorporated by reference. It"is anticipated that Consultant will meet with City up to two times to finalize the right-of-way plan. Consultant will prepare parcel drawings and written right- Page 3 of 4 * ..-,... . ..... ~, -- ... 5G .....11 Mn/DOT Agreement No. 89840 Exhibit A Detailed Scope of Work and Deliverables of-way and easement descriptions for up to five parcels where acquisition of construction and temporary easements may be required. Task 9: Utility Coordination Consultant will coordinate with private and public utility owners in the corridor to identify affected utilities and develop a relocation plan. Consultant will make a Gopher-State One-Call for a utility locate. Information on existing utilities will be placed on the plans and a copy will be provided to each utility to have them verify or correct the information. Potential utility impacts will be identified and a meeting will be held with each affected utility to discuss utility relocation plans. The proposed relocations will be shown on the plan and sent to each affected utility. Two meetings will be held with all utilities present; the first meeting will beheld after 30% plans are submitted and the second meeting will be held after 95% complete plans' are submitted. Meeting minutes will be provided for all utility meetings by' Consultant within two weeks after each meeting. Task 10: Obtain Permits Permit applications will be prepared and submitted to the Local Government Unit for the Wetland Conservation Act, the United States Army Corps of Engineers for Section 404 approval, and the Watershed District for stormwater management plan approval. As part of this task, a wetland replacement plan will be developed to mitigate for any wetland impact that will occur as part of the project. A stormwater management plan will also be developed to be in conformance with the City's and watershed requirements. This task will also include preparing and submitting an application for the national Pollutant Discharge Elimination System Stormwater Permit from the Minnesota Pollution Control Agency using the Hennepin County format for SWPPP documents. Task 11: Public Involvement A public involvement plan will be implemented that includes the following: 1. City meetings: Consultant will present the plans to the Richfield City Council. It is assumed that Consultant will attend up to two meetings. . 2. City website: Consultant will provide graphics and/or write ups of the project for the City website. This may include project schedules, layouts, landscaping plans or other information that may be of interest to residents in the corridor or of the City. 3. Individual property owner meetings: Approximately three individual property owner and business owner meetings will be held to discuss associated impacts during the project development and design phases. Between City Council and property owner meetings, this task includes a total of five meetings. If additional meetings are required, Consultant will bill time in accordance with the standard hourly fee schedule. This would include agenda, attendance and meeting minute preparation. Task 12: Bid Letting Consultant will prepare the bid proposal and contract documents in preparation for bidding of the proposed improvements. Consultant will provide to the City the special provisions sections of the bid proposals associated with the bidding documents on bond paper and/or in Microsoft Word or compatible format. Schedule: Begin Final Design Work: begin upon Notice to Proceed 30% Plan Completion/Submission: due six weeks following Notice to Proceed 95% Plan Completion/Submission: due three months following Noticeto Proceed Final Plan Complete: due five months following Notice to Proceed Page 4 of 4 ~. ,~ , . . ... II 6 c,/ I ~ MnlDOT Agreement No. 89840 Exhibit B - Invoice To: Consultant Services Section Minnesota Department of Transportation Transportation Building, Mail Stop 680 395 John Ireland Boulevard St. Paul, MN 55155 Period Ending: Invoice Date: Copy: John Griffith, Project Manager Mark Hagen, Agreement Administrator , . INVOICE NO. Re: Project Description: Richfield Lake Improvements State Project Number: 2782-281 C tE. f D M 31 2007 ontrac xprra Ion ate: ay , Total Total Amount Billed Contract. Billing Previously This Amount to Date Billed Invoice Mn/DOT Agreement Amount: $68,190.20 Net Earnings Totals: $68,190.20 Total Amount Due This Invoice: . Activity Total Amount Billed This Code Billing to Previously Invoice Date Billed 1250* I hereby certify that the .above statement is'just and correct and payment has not been received. Signatare: *Must match Net Earnings Total above Print Name: For Consultant Services Use Only Title: . Billing Address: City of Richfield 6700 Portland Avenue South Richficld,MN '55423 Telephone: (612) 861-9795 Recommended for Payment: Approved for Payment: Agreement Administrator State Project Manager. Page 1 of 1 Mn/DOT Agreement No. 89841 5c'/} 3 STATE OF MINNESOTA JOINT POWERS AGREEMENT FOR PROFESSIONAL/TECHNICAL SERVICES CFMS Contract No. State Project Number (S.P.): 2782-281 Trunk Highway Number (T.H.): I-35W Project Identification: Lyndale Avenue Drainage Improvements This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and the City of Richfield, acting through its City Council, address 6700 Portland Avenue South, Richfield, MN 55423 ("City"). Recitals 1. Under Minn. Statutes S 15.061 State is empowered to engage such assistance as deemed necessary. 2. Minnesota Statutes g, 471.59 authorizes State and City to enter into this Agreement. 3. State is in need of storm water drainage improvements on Lyndale Avenue to accommodate runoff from the I-35W/T.H. 62 Crosstown right-of-way. 4. City represents that it is duly qualified and agrees to perform all services described in this agreement to the satisfaction of State. Agreement 1 Term of Agreement 1.1 Effective date: This Agreement will be effective on the date State obtains all required signatures under Minnesota Statutes Section S 16C.05, subdivision 2. 1.2 Expiration date: This Agreement will expire on May 31, 2007, or when all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms: All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 6. Liability; 7. State Audits; 8. Government Data Practices; 9. Intellectual Property Rights; and 10. Venue. 1.4 Exhibits: Exhibits A and B are attached and incorporated into this Agreement. 2 Scope.ofWork and Deliverables (all Activity Code 1250) 2.1 Pursuant to applicable laws, City will enter into a subcontract with a Consultant (WSB and Associates, Inc.) to perform the following tasks: 2.1.1 Project Management 2.1.2 Final Geometric Layout 2.1.3 Data CollectionlField Design Study 2.1.4 Geotechnical Study 2.1.5 Landscaping Plans 2.1.6 Final Design and Preparation of Roadway Construction Plans and Cross Sections 2.1.7 Special Provisions 2.1.8 Construction Cost Opinion 2.1.9 Plan Review and Approval 2.1.10 Right-of-Way Plan and Layout 2.1.11 Utility Coordination 2.1.12 Obtain Permits 2.1.13 Public Involvement 2.1.14 BidLetting See Exhibit A for additional information on the Scope of Work and Deliverables, Page 1 of5 (CSS Reviewed 8/14/2006) 3 Payment 3.1 Consideration. The total cost of this project will not exceed $122,840.00. project will be split as follows: State: $112,840.00 City: $10,000.00 'Sc" I ~ MnlDOT Agreement No. 89841 Cost sharing for this 3.1.1 Compensation. State will reimburse City for actual subcontractor costs up to $112,840.00. Payment Liquidation: City will submit invoices for payment in accordance with the following schedule: Monthly 3.1.2 Total Obligation. The total obligation of State for all compensation and reimbursements to City will not exceed $112,840.00. 3.2 Terms of Payment 3.2.1 Invoices. State will promptly pay City after City presents anitemized invoice for the services actually performed and State's Authorized Representative accepts the invoiced services. City will use tpe format set forth in Exhibit Bwhen submitting invoices. 3.2.2 Retainage. Under Minnesota Statutes Section 16C.08, subdivision 5(b), no more than 90% of the amount due under this Agreement may be paid until the fmal product of this Agreement has been reviewed by State's agency head. The balance due will be paid when State's agency head determines that City has satisfactorily fulfilled all the terms of this Agreement. 3.2.3 Federal funds. Iffederal funds are used City is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by City's failure to comply with federal requirements. 4 Authorized Representatives 4.1 State's Authorized Representative will be: Name: Mark Hagen Title: Senior Consultant Administrator Address: Minnesota Department of Transportation 1500 West County Road B-2 Roseville, MN 55113 Telephone: (651) 582-1479 Fax: (651) 582-1669 E-mail: mark.hagen@dot.state.mn.us State's Authorized Representative, or his successor, will monitor City's performance and has the authority to accept or reject the services provided under this Agreement. 4.2 State's Project Manager will be: Name: John Griffith, P.E. Title: West Area Engineer Address: Minnesota Department of Transportation 1500 West County Road B-2 Roseville, MN 55113 Telephone: (651) 582-1206 Fax: (651) 582-1308 E-mail: john.griffith@dot.state.mn.us State's Project Manager, or his successor, has the responsibility to monitor City's performance and progress. State's Project Manager will review billing statements, make recommendations to State's Authorized Representative for acceptance of City's goods or services and make recommendations to Page 2 of5 (CSS Reviewed 8/14/2006) -- 5t:' \ t> MnlDOT Agreement No. 89841 State's Authorized Representative for certification for payment of each invoice submitted for payment. 4.3 City's Authorized Representative will be: Name: Kristin Asher, P.E. Title: Project Manager Address: City of Richfield 6700 Portland Avenue South Richfield, MN 55423 Telephone: (612) 861-9795 E-mail: kasher@cityofrichfield.org 5 Assignment, Amendments, Waiver and Contract Complete 5.1 Assignment City may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the Original Agreement, or their successors in office. 5.3 Waiver. If State or City fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between State and City. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 6 Liability 6.1 The employees and agents of the City will not be deemed to be employees of the State for any reason. 6.2 Each party will be solely responsible for its own acts and omissions, the acts and omissions of its employees, and results thereof to the extent authorized by law. The parties will not be responsible for the acts of any others and the results thereof. 6.3 Liability of State will be governed by the provisions of Minnesota Statutes Section 3.736 and liability of City will be governed by Minnesota Statutes Chapter 466. This clause will not be construed to bar any legal remedies each party may have for the other party's failure to fulfill its obligations pursuant to this Agreement. 6.4 Each party to this Agreement will defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. 7 State Audits 7.1 Under Minn. Stat. S l6C.05, subd. 5, City's books, records, documents and accounting procedures and practices relevant to this Agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 8 Government Data Practices 8.1 City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained or disseminated by City under this Agreement. The civil remedies of Minn. Stat. S 13.08 apply to the release of the data referred to in this clause by either City or State. 9 Intellectual Property Rights 9.1 Intellectual Property Rights. State owns all rights, title and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks and service marks in the Works and Documents created and paid for under this Agreement. Works means all inventions, Page 3 of5 (CSS Reviewed 8/14/2006) 'St- \ (p improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes and disks conceived, reduced to practice, created or originated by City, its employees, agents and subcontractors, either individually or jointly with others in the performance of this Agreement. Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks or other materials, whether in tangible or electronic forms, prepared by City, its employees, agents or subcontractors, in the performance of this Agreement. The Documents will be the exclusive property of State, and City upon completion or cancellation of this Agreement must immediately return all such Documents to State. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire." City assigns all right, title and interest it may have in the Works and the Documents to State. City must, at the request of State, execute all papers and perform all other acts necessary to transfer or record State's ownership interest in the Works and Documents. Mn/DOT Agreement No. 89841 10 Venue 1 0.1 Venue for all legal proceedings out of 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. State or the Commissioner of Administration may terminate this Agreement at any time, with or without cause, upon 30 days' written notice to City. 11.2 Termination for Insufficient Funding. State 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 mustbe by written or fax notice to City. State is not obligated to pay forany services that are provided after notice and effective date of termination. However, City will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. State will not 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. State must provide City notice of the lack offunding within a reasonable time of State's receiving that notice. 11.3 Suspension. State may immediately suspend this Agreement in the event of a total or partial government shutdown due to failure to have an approved budget by the legal deadline. Work performed by City during a period of suspension will be deemed unauthorized and undertaken at risk of non-payment. 12 Additional Provisions 12.2 City must send the original of each invoice to State's Consultant Services Section for review and payment at: MinnesotaDepartment of Transportation Consultant Services Section, Mail Stop 680 395 John Ireland Boulevard Saint Paul, Minnesota 55155-1899 City must send a copy of each invoice and support documentation to State's Authorized Agent and State's Project Manager for review and approval at the same time the originals are sent to State's Consultant Services Section. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 4 of5 (CSS Reviewed 8/14/2006) STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. sf l6A.15 and l6C.05. Signed: Date: CFMS Contract No. A- CITY OF RICHFIELD* City of Richfield certifies that the appropriate person(s) have executed the Agreement on behalf of City as required by applicable articles, bylaws, resolutions or ordinances. By: Title: Date: By: Title: Date: 5 t/ \ '1 STATE AGENCY Mn/DOT Agreement No. 89841 By: (with delegated authority) Title: Date: COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By: Date: * INLCUDE COPY OF RESOLUTION APPROVING THE AGREEMENT (ess Reviewed 8/14/2006) Page 5 of5 5 c-- I <j MnlDOT Agreement No. 89841 Exhibit A Detailed Scope of Work and Deliverables Introduction: This project involves reconstruction of Lyndale A venue from curb to curb with replacement of adjacent sidewalk from State project limits north of 63rd Street south to 64th Street in conjunction with placing a trunk storm sewer line in the Lyndale corridor that outlets westerly through the Lyndale Garden Center. The scope of work includes development of a final horizontal layout, preparation of construction plans, special provisions, right-of-way plat and bidding documents. The final horizontal layout will identify the alignments and locations of all of the construction elements in the plan including but not limited to the alignment of and location of roadways, sidewalks, parking lots, pedestrian amenities and lighting. City will enter into a subcontract with a subconsultant (WSB and Associates, Inc.), hereinafter "Consultant", to perform the following tasks: Task 1: Project Management This task will consist of continued management and administration, project coordination and communication with the City and State during the design phase. It also includes periodic meetings with City and State staffand others to coordinat:ethe various elements of the project. It is estimated there will be six design progress meetings to discuss design-related issues. Consultant will provide meeting minutes for all meetings Consultant attends as part of this project. This includes meeting preparation (agenda), meeting attendance and meeting minutes. Also included in this task is work associated with billing preparation, invoicing, progress reports and other non- technical work associated with this phase of the project. Task 2: Final Geometric Layout Consultant will create a final geometric layout for the project. The final geometric layout will identify the final location for all horizontal elements related to vehicle traffic, transit, pedestrians and bicycles. This will include but not be limited to traffic lanes, sidewalks, parking lots, lights and other amenities related to pedestrians or bicycles. Task 3: Data CollectionIField Design Survey , Some field design surveys have been completed as part of previous design work in this area. However, additional design surveys will be required. Consultant will complete the necessary field survey and also collect information on city and private utilities for the project area. Culverts, hydrants, gate valves and other drainage and utility elements in the corridor will be located as part of this field survey. It is assumed that five days of field survey may be necessary for the final , design. 'This will include survey time to return to the site and collect information where needed. This task also includes developing an updated design base map for the project from the survey information. Task 4: Geotechnical Study Consultant will subcontract with a soils firm to collect additional soils information for the project area for use in the design of the roadway section and utilities. A soils letter will be prepared with the recommendations for pavement design. Task 5: Landscaping Plans It is assumed that a separate landscaping plan will be developed for the project. Consultant will subcontract this work to a subconsultant acceptable to City. The coordination of the landscaping plan with the roadway construction plans is included in Task 6. This task will include the preparation of the landscape plan and other aesthetic treatments for the project. This will include but not be limited to special treatments for sidewalks, crosswalks, lighting or other project elements. An overall theme will be identified as part of this task which will be applied to all of the surface elements of the project. Page 1 of6 .' 5" C..... ) q Mn/DOT Agreement No. 89841 Exhibit A Detailed Scope of Work and Deliverables Task 6: Final Design and Preparation of Roadway Construction Plans and Cross Sections Consultant will prepare a set of construction plans for the grading, surfacing and drainage improvements associated with the improvements for LyIidale Avenue and the LyIidale Garden Center. Specifically, the construction plan will consist of the following sheets and include items shown in State's example plan set, incorporated by reference: . Title Sheet: Contains the location map, signature block, sheet index, project data and station-reference point comparisons. . General Layout: Layout of the project showing the plan sheet layout and sheet numbers for reference. . Statement of Estimated Quantities: Contains State's standard pay item numbers, item descriptions and quantity of all materials. Quantity totals will be subtotaled by funding source (100% State). References to quantity tabulations of each individual item will be made. Notes will be included where necessary for clarification. · Quantity Tabulations: Tabulations will be prepared summarizing the earthwork volumes by station and the balance of calculations by stage. Calculations will be done using the average end area method. Detailed tabulations of each item contained on the estimated quantities sheet will be included. Two independent quantity calculations with one set checked by a senior engineer will be prepared for each item. . Soil Construction Notes and Standard Plates: Soils and construction notes covering special requirements and critical information contained in the soils letter will be listed. Standard plates used on this project will also be listed. ' . Typical Sections: Sections will be shown for existing roadways and roadways to be constructed. The sections will be consistent with the pavement design, approved geometric layout and soils and surfacing requirements shown in the soils letter. Surface type, base materials and subgrade corrections will be shown. . Miscellaneous Details: Provide horizontal geometry and details necessary for the construction of unique or non-standard items and other items identified during the detail design process. . Standard Plans: LTlsert standard plans wherever needed to eliminate or supplement construction details in the plan. . Construction Staging Plans and Layouts: Detailed plans will be prepared demonstrating a stage-by-stage process by which .the new roadways will be constructed. It is assumed that the project will remain open to traffic during construction and that access to in-place businesses is to be maintained at all times. Detour plans will be provided if necessary. Prepare color coded general layout depicting staging sequence for use at meetings. . Traffic Control Plans and Tabulations: Detailed plans and notes will be prepared showing the locations of signs, barriers and striping necessary to accommodate the construction staging within the project area in a manner consistent with the Minnesota Manual of Uniform Traffic Control Devices, Field Manual dated January 2001, incorporated by reference, for Temporary Traffic Control Zone Layouts, City and State practices.. The signing will be included on the staging plan. Prepare a tabulation showing the description and estimated quantities of traffic control devices by stage. · Alignment Plans and Tabulations: Prepare alignment plans showing proposed roadway centerlines, stationing and identifying alignment points with point numbers and curves with curve numbers, including permanent horizontal control points. Prepare tabulation sheets showing alignment and curve data (PC, PT, POT, POC, PCe) for the alignment points shown on the alignment plan. Tabulated data will include station, delta, degree of curve, radius,. tangent, curve length, super elevation rate ~d X and Y coordinates. . Existing Topography, Utility and Removal Plans and Tabulations: Prepare plans showing updated topographic features and public and private utilities, including wells, septic tanks, Page 2 of6 5 6.....~D MnlDOT Agreement No. 89841 Exhibit A . Detailed Scope of Work and Deliverables drain fields and field tile within the project limits; proposed centerlines and right-of-way lines; pavement, pipe, culvert, and drainage structure removals; and tree clear and grub location and tabulations. . Roadway Plan Sheets: Prepare plans of the project providing detailed information on the location of items such as: roadways,. shoulders, radii, turn lanes, acceleration lanes, driveways, parking lots, tapers, right-of-way, easements, obliterations, station equations, fencing, etc. . Intersection Details: Provide drawings of major intersections showing all horizontal geometry, edge of pavement profiles and details (such as radii, tapers, offsets and profiles) necessary for construction. Provide top-of-pavement vertical elevations of intersections for construction staking. . Storm Sewer Plans: Determine size of proposed drainage system components. Consultant will determine the drainage areas for each structure and size the structure using an accepted hydrologic method. . Culvert/Storm Sewer Profiles: Show centerline profiles of proposed culverts and storm sewers. Show the culvert or pipe size, length, grade, aprons and inlet/outlet elevations. Show all known existmg and proposed utility locations along with elevations. All utilities will be labeled. . Superelevation Diagrams: Provide information in profile view labeling pavement edges and showing the station, location and cross slope at the beginning, zero cross slope point and end of the superelevation transition. The profile will show adjacent lane elevations relative to the profile. grade, transition rates and distances from the. PC or PT to critical points in the transition (e.g. crown runoff). Superelevation will also be shown in plan view on the turf establishment plans. . In-Place Drainage Tabulations: List type, size and location of in-place drainage structures within the project limits shown on the existing topography and utility plans. Proposed construction impacts (remove, leave as is, etc.) will also be tabulated. . Proposed Drainage Tabulation: List the location, type, size, length, inlet and outlet elevations, grade, class, erosion control, excavation and bedding for larger culverts. . Tu.rfEstablis!mlent Plans and Temporaz,,! and Permanent Erosion/Sediment Control: Prepare plans showing areas requiring temporary and permanent turf establishment due to construction disturbance and the type of material to be placed (sod, seed, mulch, wood fiber blanket, etc.). Show the type and location of temporary and permanent erosion. control devices, sedimentation basins, waters of the State within one half mile of the project and wetlands identified on the Nation Wetland Inventory map. . Landscaping and Architectural Treatment Coordination: Consultant will coordinate with City regarding potential landscaping and architectural treatments. Identify the ele~ents needed in the roadway plan to accommodate the proposed landscape plan. A separate task is identified for preparation of the landscaping and architectural treatment. . SWPPP: Consultant will prepare a Storm Water Pollution Prevention Plan (SWPPP) as required by the Minnesota Pollution Control Agency. . Signing Plans: Prepare permanent signing plans showing the location of proposed signs and containing all details necessary for the fabrication and installation of the signs in accordance with State specifications. Assemble plans and prepare tabulations in accordance with State Sign Plan Standards, incorporated by reference. Field check and record existing signs. It is assumed that all new signs will be used on the project. . Striping Plans and Pavement Marking: Prepare permanent striping plans showing the location, type, size and color of striping necessary for the permanent striping of this project, including standard plans. . Cross Section Sheets: Prepare mainline and side road cross sections. Show existing ground, proposed roadway template, grading grade, existing utilities, existing culverts, Page 3 of6 6e, 'd-' Mn/DOT Agreement No. 89841 Exhibit A Detailed Scope of Work and Deliverables right-of-way, temporary easements, driveway slopes, subgrade correction, unsuitable soil removal and topsoil placement. Compute earthwork volumes and balances and show end area calculations on right side of cross section sheet. Create existing ground for each cross section from contour information available on the base mapping. Include an.overview sheet to show cross section match lines. All plans will be produced using State's Level 2 Computer-Aided Drafting and Design (CADD) Standards, incorporated by reference. Task 7: Special Provisions Consultant will write special provisions for unique items not covered adequately in the "Mn/DOT Standard Specification for Construction" or the "Mn/DOT SP-5 Special Provisions", both incorporated by reference. The appropriate City specifications will also be part of the special provisions. Each provision will contain a description, materials, construction requirements, method of measurement and basis of payment for each item. Deletions from and additions to standard . specifications will be written and included as necessary. An electronic copy in Microsoft Word format, or the most current version of compatible software, and a hard copy of the fmal special provisions will be submitted. Task 8: Construction Cost Opinion Consultant will prepare a construction cost opinion based on quantities generated as part of the preparation of the construction plans. An electronic copy and a hard copy of the final estimate will be submitted. . Task 9: Plan Review and Approval Consultant will submit plans to and meet with City and State to review plans and specifications outlined in the previous tasks. Revisions will be made to plans as appropriate. Following approval of the plans by City and State, a camera-ready copy of the plans and bid proposal will be provided. Consultant will submit plans and supplemental provisions for review and approval at three stages of development: . Stage 1 - Preliminary Design (30% Complete): Consultant will develop the plans to 30% completion. The plans will meet State Aid standards and at a minimum will include existing topography and utility plans, vertical and horizontal alignment plans, intersection layouts, drainage plans, typical cross sections and preliminary utility relocations. Three sets of prints will be submitt~d. This stage will essentially be the final geometric layout. Upon receipt City and State Aid review comments the plans will be revised accordingly. Stage 2 - Final Design (95% Complete): After receiving approval of Preliminary Design, Consultant will complete all areas of design and all sheets in the plan, and submit eight sets of plans and supplemental specifications. A Hydraulic Report and a Pavement Design Report will be submitted. One copy of the engineer's opinion of probable construction costs will be submitted. Upon receipt of City and State Aid review comments the plans will be revised accordingly. Stage 3 - Final Design (100% Complete): After receiving review comments of Final Design, Consultant will incorporate the comments and submit one complete set of signed originals on bond paper with eight copies. In addition, one complete set of design computations, basis of quantity and quantity calculations, and one copy of the engineer's opinion of probable construction costs will be submitted. Page 4 of6 ... " 5e....;!d-. Mn/DOT Agreement No. 89841 Exhibit A Detailed Scope of Work and Deliverables Task 10: Right-of-Way Plan and Layout Consultant will prepare a right-of-way plan meeting State Aid standards for review and approval. The plan will be included in the construction documents and will include the proposed construction plan and profile, estimated construction limits, proposed right-of-way and temporary and permanent easements. The right-of-way plan will have ownership tabulations, and will show trees and other topographic information. Consultant will prepare a right-of-way layout with this information~ It is anticipated that Consultant will meet with City and State up to two times to finalize the right-of-way plan. Consultant will prepare parcel drawings and written right-of-way and easement descriptions for up to five parcels where acquisition of construction and temporary easements may be required. Task 11: Utility Coordination Consultant will coordinate with private and public utility owners in the corridor to identify affected utilities and develop a relocation plan. Consultant will make a Gopher-State One-Call for a utility locate. Information on existing utilities will be placed on the plans and a copy will be provided to each utility to have .them verify or correct the information. Potential utility impacts will be identified and a meeting will be held with each affected utility to. discuss utility relocation plans. The proposed relocations will be shown on the plan and sent to each affected utility. Two meetings will be held with all utilities present; the first meeting will be held after 30% plans are submitted and the second meeting will be held after 95% complete plans are submitted. Meeting minutes will be provided for all utility meetings by Consultant within two weeks after each meeting. Task 12: Obtain Permits If necessary, permit applications will be prepared and submitted to the Local Government Unit for the Wetland Conservation Act, the United States Army Corps of Engineers for Section 404 approval, and the Watershed District for stormwater management plan approval. As part of this task, a wetland replacement plan will be developed to mitigate for any wetland impact that will occur as part of the project. A stormwater management plan will also be developed to be in conformance with the City's and watershed requirements. This task will also include preparing and submitting an application for the national Pollutant Discharge Elimination System Stormwater Permit from the Minnesota Pollution Control Agency using the Hennepin County format for SWPPP documents. Task 13: Public Involvement A public involvement plan will be implemented that includes the following: 1. Agency meetings: Consultant will attend up to four agency meetings regarding plan and permit approvals. Two of these meetings will include Richfield City Council meetings. 2. City website: Consultant will provide graphics and/or write ups of the project for the City website. This may include project schedules, layouts, landscaping plans or other information that may be of interest to residents in the corridor or of the City of Richfield. Up to three updates will be provided over the length of the project. 3. Individual property owner meetings: Up to five individual property owner and business owner meetings will be held to discuss associated impacts during the project development and design phases. ~ Between City Council and property owner meetings, this task includes a total of nine meetings. If additional meetings are required, Consultant will bill time in accordance with the standard hourly fee schedule. This iric1udes agenda, attendance and meeting minute preparation. Task 14: Bid Letting Page 50f6 5C..-~3 Mn/DOT Agreement No. 89841 Exhibit A Detailed Scope of Work and Deliverables Consultant will prepare the bid proposal and contract documents in preparation for bidding of the proposed improvements. Consultant will provide to the City the.special provisions sections of the bid proposals associated with the bidding documents on bond paper and/or in Microsoft Word or compatible format. Schedule: Begin Final Design Work: begin upon Notice to Proceed 30% Plan Completion/Submission: due six weeks folIowing Notice to Proceed 95% Plan Completion/Submission: due three months following Notice to Proceed Final Plan Complete: due five months folIowing Notice to Proceed Page 6 of6 ...... ,l.o... 6" (!,'d- Y. Mn/DOT Agreement No. 89841 Exhibit B - Invoice To: Consultant Services Section Minnesota Department of Transportation Transportation Building, Mail Stop 680 395 John Ireland Boulevard St. Paul, MN 55155 Period Ending: Invoice Date: Copy: John Griffith, Project Manager Mark Hagen, Agreement Administrator INVOICE NO. Re: Project Description:Lyndale Avenue Drainage Improvements State Project Number: 2782-281 C tE . D M 31 2007 ontrac xprratlon ate: ay , Total Total Amount Billed Contract Billing Previously This Amount to Date Billed Invoice MnlDOT AgreemenfAmount: $112,840.00 Net Earnings Totals: $112,840.00 Total Amount Due This Invoice: Activity Total Amount Billed This Code Billing to Previously Invoice Date Billed 1250* I hereby certify that the above statement is just and correct and payment has not been received. Signature: *Must match Net Earnings Total above Print Name: For Consultant Services Use Only Title: ,Billing Address: City of Richfield 6700 Portland Avenue South Richfield, MN 55423 Telephone: (612) 861-9795 Recommended for Payment: Approved for Payment: State Project Manager Agreement Administrator Page 1 of 1 K:\01000-93\Cad\Exhibits OOT-Pro',d n , nt~rstaie ,~ s: ~~ J" Errterson /\~lenue A fi' ':s" ~ .~ ,''- '0-' ~~ 'i. r', Dupon! /, venue '7 ...::... = ~ n .....; ,~ .'-.-' - - .:t ....; - - ,- """ - ~~ ,.A.i - - "'-.....~ . - '0 ~ ~ ;., ),..~ ~ ;;.-. j:,.. ,...... ^ ., ...i - 7' =: '- Si ~:.;; L ) ~ :.1'0 ,\'}!.1 as ,1\ venue I\~venm' '\ Idr!~:h /\ venue 1.\ \'<~nu( I I i<J1 Ip l~ iV\ I j I t 1 i I I I I j I f r..: 1II " n 0 ,.. r- '" '" 0 0 z ~ ~ " 0 ." '" '" N -I 0 0 Cf; ::c ":" s:: ..... 1 HE!lE:BY CERTFY THAT ntS PUH, SPEClf'JCATION, OR REPORT SCAlE. AS NOTED REVIgl~ Ho. ! EXI"l.AWATtON .& 701 Xerna A_ South. StJlt& 300 RICHFIELD LAKE WM5 PREPARED BY NE OR UNXR MY DRECT SUPERVlSIOH N() THAT I NA A Oll. Y UCENSED PROFESSIONAl.. ENGfo'EE'R i .." WSB Minneapolis, MN 55416 l.N)E'N nE LAWS" OF THE STA.T~ OF' N~T" f'L.AN BYI I DtsIGH BYt 1;) _,wsbeng.oom . IMPROVE:MENT PROJECT TAW TAW i c: - ~ (';HECKEl> BY: fPROJE:CT HOt i i ::ll PRW I 000-93 m '" N6ocitJI." brc. RICHrn1ELD,MrrNNESOTA i ,_...... ,,_ _'4lll.Fa_~17OO RECCIfID CllF'y BY' DATE If/FIlASTRUCltIRE. EI/GIHEEIlJNG 'PlANNING CONSTRUCTlON " DATE~ LtC. HOI , I . ()C-~(p ....... . Final Design for 135W I Crosstown Drainage Improvements Along Lyndale Avenue City of Richfield, Minnesota July 12, 2006 AGENDA SECTION: AGENDA ITEM # REpORT # Consent.. ____ 5D 177 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 14,2006 REpORT PREPARED By: KRISTIN ASHER, ASSISTANT CITY ENGINEER NAME, TInE COUNCIL PRESENTER: NAME, TInE DEPARTMENT DIRECTOR REVIEW: ~ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of authorizing staff to hire WSB & Associates to provide final design services for: . Richfield Lake Improvements Project for an amount not to exceed $104,908 without written approval from staff. . Lyndale Avenue Drainage Improvement Project for an amount not to exceed $122,840 without written approval from staff. I. RECOMMENDED ACTION: By motion: . Approve the purchase of engineering services from WSB & Associates to provide final design services the Richfield lake Improvements Project. . Approve the purchase of engineering services from WSB & Associates to provide final design services the lyndale Avenue Drainage Improvements Project. I II. BACKGROUND I Staff has worked. with the Minnesota Department of Transportation (Mn/DOT) for many years to determine the best way to accommodate additional stormwater runoff from the Crosstown Reconstruction Project. 0914WSBWorkOrder The Richfield Lake project will improve the water quality of the main lake by treating the direct runoff in perimeter ponds that will be constructed as part of the project. The construction is expected to begin in the fall of 2007. The Lyndale Avenue Drainage project is necessary to upsize the stormwater sewer that will transfer the Crosstown runoff to the pond. Lyndale Avenue will be reconstructed from TH 62 to 64th Street as a result of the project. The construction is expected to begin in the summer of 2007. I III. BASIS OF RECOMMENDATION I I A. POLICY I . Council approval is required if Council's decision results in expenditures over $25,000. . Utilizing Richfield Lake for the treatment of stormwateris consistent with City policy to use regional ponds whenever possible. I B. CRITICAL ISSUES I . WSB has provided excellent service to the City in the various stages of this project. I C. FINANCIAL I . $36,717.80 is the City's portion of the final design of the Richfield Lake Improvements Project and will be paid for with the City's stormwater utility fund. Mn/DOT funds will cover the remainder ($68,190.20). . $10,000.00 would bethe City's portion of the final design of the LyndaleAvenue Improvements Project if a landscaping design were anticipated. Mn/DOT funds cover the remainder ($112,840.00) I D. LEGAL I . A public hearing was held on July 11, 2006 and transitory ordinance No. 18.38 (Bill No. 2006-11) was passed by the Council allowing the City to proceed with expenditures for the engineering services and design of the Richfield Lake Improvement Project. I IV. ALTERNATIVE RECOMMENDATION(S) I . Council could choose not to hire WSB & Associates and do a request for proposal for another engineering firm to provide their services for this project. Iv. . ATTACHMENTS I . WSB Proposal for Final Design for Richfield Lake Improvement Project . WSB Proposal for Final Design for Lyndale Avenue Drainage Improvement Project . Graphic depicting Richfield Lake Project areas . Graphic of Lyndale Avenue Drainage Project area I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None anticipated. . 5fJ-1 & A.ssoclates. Incz Final Design for Richfield Lake Water Quality Improvement Project City of Richfield PROJECT SCOPE/OVERVIEW This proposal outlines the Scope of Work, Estimated Fee and Schedule for completion of the Final Design documents and Construction Management Services associated with the Richfield Lake Water Quality Improvement Project. The project involves the construction of a perimeter conveyance. system. around the North side of the lake, along with the creation of stormwater retention and treatment areas to allow perimeter areas of the Lake to treat water directed to it from areas within the 1-35W and the 62 Crosstown Right-of-Way. A similar perimeter conveyance system will also be constructed around the south side of the lake to accommodate water from the City of Richfield as part of this project. The cost associated with the design and construction management work will be split between Mn/DOT and the City of Richfield based on the relative percentage of the construction cost that is associated with each parties improvements. The scope of services that will be provided includes, development of final plans and specifications, special provisions, bidding documents, construction management, and permitting. WORK SCOPE This section outlines the work tasks that would be completed for the Project. We have included work tasks that we think maybe needed to be completed as it relates to the project except for those that we believe are being completed by others. The WSB team will prepare construction documents (plans, specifications, and estimates) and complete associated engineering analyses and documentation as required per agency requirements. The following work tasks are anticipated to be completed as part of the basic work for the project. Task 1: Project Management This task will consist of continued management and administration, project coordination and communication with the City of Richfield and Mn/DOT during the design phase. It also includes periodic meetings with City/Mn/DOT staff and others to coordinate the 1 City of Richfield Lyndale Avenue - 65th Street to Crosstown July 12,2006 5 D -;).... . VVSB & various elements of the project including plan review by the City and MnlDOT. It is estimated that there will be five (5) meetings. Also included in this task is work associated with billing preparation, invoicing, progress reports and other non-technical work associated with this phase ofthe project. Task 2: Data Collection/Field Design Survey Some field design surveys have been completed as part of previous design work in this area. However, additional design surveys will be required. WSB will complete the necessary field survey and also collect information on city and private utilities for the project area. Culverts, hydrants, gate-valves and other drainage and utility elements in the project corridor would be located as part of this field survey. It is assumed that four (4) days of field survey may be necessary for the final design. This would include time to go back and pick up additional information where needed. This task also includes developing an updated design base map for the project from the survey information. Task3: Geotechnical Study WSB will contract with a soils firm to collect soils information for the project area for use in the design of the trail/berm, as well as side slopes, retaining walls and structural footings. A soils letter will be prepared by the consultant with recommendations for the trail and retaining wall design. Task 4: Final Design and Preparation of Construction Plans and Cross-Sections WSB will prepare a set of construction plans for the grading, trail/.berm and drainage improvements associated with the Project. Specifically, the construction plan will consist of the following sheets and include items shown in Mn/DOT State Aid example plan set: . Title Sheet: Contains the location map, signature block, sheet index, project data, and station-reference point comparisons. . General Layout: Layout of the project showing the plan sheet layout and sheet numbers for reference. . Statement of Estimated Quantities: Contains MnlDOT's standard pay item number, item description and quantity of all materials. Quantity totals will be subtotaled by funding source (including pro-rata of lump sum items, 100% MnlDOT, 100% City, 2 City of Richfield Lyndale Avenue _65th Street to Crosstown July 12,2006 5D-3 VI/S8 & 1"/;))5 ff"",C ~~ If if $ x and split in appropriate areas). References to quantity tabulations of each individual item will be made. Notes will be included where necessary for clarification. . Quantity Tabulations: Tabulations will be prepared summarizing the earthwork volumes by station and the balance of calculations by stage. Calculations will be done using the average end area method. Detailed tabulations of each item contained on the estimated quantities sheet will be included. Two independent quantity calculations with one set checked by a senior engineer will be prepared for each item. . Soils Construction Notes and Standard Plates: Soils and construction notes covering special requirements and critical information contained in the soils letter will be listed. Standard plates used on this project will also be listed. . Typical Sections: Sections will be shown for berm/trail, perimeter conveyance system and other elements of the project as necessary. . Traffic Control and Haul Roads: Provide plan showing proposed haul route. and traffic control required for project. . Miscellaneous Details: Provide details necessary for the construction of unique or non-standard items and other items identified during the detail design process. . . Standard Plans: Insert standard plans wherever needed to eliminate or supplement construction details in the plan. . Alignment Plans and Tabulations: Prepare alignment plans for the trail/berm if necessary showing proposed centerlines, stationing and identifying alignment points with point numbers and curves with curve numbers, including permanent horizontal control points. Prepare tabulation sheets showing alignment and curve data (PC, PT, PI, POT, POC, PCC) for the alignment points shown on the alignment plan. Tabulated data will include station, delta, degree of curve, radius, tangent, curve length, super elevation rate and X and Y coordinates. . Existing Topography, Utility and Removal Plans and Tabulations: Prepare plans showing updated topographic features and private and public utilities, including wells, septic tanks, drain fields and field tile within the project limits; proposed centerlines and right-of-way lines; and also pavement, pipe, culvert, drainage structure removals, and tree clear and grub location and tabulations. . Sidewalks and Trails: WSB will design a sidewalk and bicycle path system consistent with the approved geometric layout and state aid standards. 3 City of Richfield Lyndale Avenue - 65th Street to Crosstown July 12,2006 51J-4 Inc, . Culvert/Storm Sewer ProiIles: Show centerline profiles of proposed culverts and storm sewers. Show the culvert or pipe size, length, grade, aprons, and inlet/outlet elevations. Also show all known existing and proposed utility locations along with elevations. All utilities will be labeled. . Storm water Rate Control and Treatment: Design and prepare plans to meet review agency requirements. This includes providing for special manhole treatlhent structures. . Proposed Drainage Tabulation: List the location, type, size, length, inlet and outlet elevations, grade, class, erosion control, excavation and bedding for larger culverts. . Turf Establishment Plans and Temporary and Permanent Erosion/Sediment Control: Prepare plans showing areas requiring temporary and permanent turf establishment due to construction disturbance and the type of material to be placed (sod, seed, mulch, wood fiber blanket, etc.). Show the type and location of temporary and permanent erosion control devices, sedimentation basins, waters of the State within one-half mile ofthe project and wetlands identified on the NWI map. . SWPPP -A Storm Water Pollution Prevention Plan will be prepared by WSB as required by the MPCA. . Cross Sections/Earthwork Computations - Compute earthwork volumes and balances and show end area calculations on right side of cross-section sheet. Existing ground for each cross-section will be created from contour information available on the base mapping. Task 5: Special Provisions Special provisions will be written for unique items not covered adequately in the "Mn/DOT Standard Specification for Construction" or the "Mn/DOT SP.5 Special Provisions". The appropriate City specifications will also be part of the special provisions. Each provision will contain a description, materials, construction requirements, method of measurement and basis of payment for each item. Deletions from and additions to standard specifications will be written and included as necessary. An electronic copy in Microsoft Word format, or the most current version of compatible software, and a hard copy of the final provisions will be submitted. The special provisions will be coordinated with the City's Specification and Agreement Engineer. 4 City of Richfield Lyndale Avenue - 65th Street to Crosstown July 12, 2006 5 tJ,-5" Task 6: Construction Cost Opinion WSB will prepare a construction cost opinion based on quantities generated as part of the preparation of the construction plans. Costs will be split by funding source (including pro rata oflump sum items. % MnlDOT, % City, other percentage splits, and drainage split flow percentages). An electronic copy and a hard copy of the final estimate will be submitted. Task 7: Plan Review and Approval WSB will submit plans to and meet with the City of Richfield and MnlDOT Design Engineer to review plans and specifications outlined in the previous tasks. Revisions will be made to plans as appropriate. Following approval of the plans by the City and MnlDOT State Aid, a paper and digital ready copy of the plans and bid proposal will be provided. WSB will submit plans and supplemental specifications for review and approval at three stages of development: Stage 1 - Preliminary Design (30% Complete): WSB will develop the plans to 30% completion. The plans will meet State Aid Standards. Upon receipt of City and Mn/DOT State Aid review comments the plans will be revised accordingly. Stage 2 - Final Design (95% Complete): After receiving approval of Preliminary Design, WSB will complete all areas of design and all sheets in the plan and submit eight (8) sets of plans and supplemental specifications. Three (3) sets of design computations (including drainage) and quantity calculations will also be submitted. One (1) copy of the engineer's opinion of probable construction costs will be submitted. Upon receipt of City and Mn/DOT State Aid review comments the plans will be revised accordingly. Stage 3 - Final Design (100% Complete): After receiving review comments of Final Design, WSB will incorporate the comments and will submit one (1) complete set of signed originals on bond paper with eight (8) copies. In addition, one (1) complete set of design computations, basis of quantity, and quantity calculations, and one (1) copy of the engineer's opinion of probable construction costs will be submitted. Task 8: Right-of-Way Plan and Layout WSB will prepare a right-of-way plan meeting State-Aid standards for review and approval. The plan will be included in the construction documents and will include the proposed construction plan and profile, estimated construction limits, proposed right-of- way and temporary and permanent easements. The right-of-way plan will have ownership 5 City of Richfield Lyndale Avenue ~ 65th Street to Crosstown July 12,2006 5D-{p tabulations, and show trees and other topographic information. WSB will also prepare a right-of-way layout with this information. The layout will be developed using County Right-of-way Division Standards. It is anticipated that WSB will meet with the City up to two (2) times to finalize the right-of-way plan. WSB will prepare parcel drawings and written right-of-way and easement descriptions for up to five (5) parcels where acquisition of construction and temporary easements may be required. Task 9: Utility Coordination WSB will coordinate with private and public utility owners in the corridor to identify affected utilities and develop a relocation plan. WSB will make a Gopher-State One-Call for a utility locate. Information on existing utilities will be placed on the plans and a copy will be provided to each utility to have them verify or correct the information. . Potential utility impacts will be identified and a meeting will be held with each affected utility to discuss utility relocation plans. The proposed relocations will be shown on the plan and sent to each affected utility. Two (2) meetings will be held with all utilities present; the first meeting after 30% plans are submitted and the second meeting after 95% complete plans are submitted. Meeting minutes will be provided for all utility meetings by WSB within two weeks. Task 10: Obtain Permits Permit applications will be prepared and submitted to the Local Government Unit (LGU) for the Wetland Conservation Act (WCA), the US Corps of Engineers forSection 404 approval, and the Watershed District for stormwater management plan approval. As part of this task, a wetland replacement plan will be developed to mitigate for any wetland impact that will occur as part ofthe project. A stormwater management plan will also be developed to be in conformance with the City's and watershed requirements. This task will also include preparing and submitting an application for the NPDES Stormwater Permit from the MPCA using the County format for SWPPP documents. Task 11: Public Involvement A public involvement program will be implemented that includes the following: 1. City Meetings: WSB will present the plans to the Richfield City Council. It is assumed that WSB would attend up to two (2) meetings. 2. City Website: WSB will provide graphics and/or write ups of the project for the City website. This may include project schedules, layouts, landscaping plans, or other 6 City of Richfield Lyndale Avenue - 65th Street to Crosstown July 12,2006 5D-7 information that may be of interest to residents in the corridor or of the City of Richfield. 3. Individual Property Owner Meetings: Approximately 3 individual property owner and business owner meetings will be held to discuss associated impacts during the project development and design phases. Between City Council and property owner meetings, this task includes a total of five (5) meetings. If additional meetings are required WSB would bill time for the meetings hourly in accordance with standard fee schedule. This would include agenda, attendance and meeting minute preparation. Task 12: Bid Letting WSB will prepare the bid proposal and contract documents in preparation for bidding of the proposed improvements. WSB &Associates, Inc. will provide to the City of Richfield the special provisions sections of the bid proposals associated with the bidding documents on bond paper and/or in Microsoft Word or compatible format. Task 13: Construction Project Management WSB & Associates, Inc. will provide the overall project management ofthe project and will be responsible for all construction administration activities. The Construction Project Manager will work and coordinate with the City of Richfield and hold weekly construction meetings. The Construction Project Manager will make periodic visits to the site during construction and willbe responsible for resolving field problems. The Project Manager will be responsible for preparing and certifying all monthly pay vouchers, supplemental agreements, and change orders prior to forwarding them to the City for processing. All shop drawings, material and suppliers will be reviewed by WSB for compliance with the plans and specifications. The Project Engineer will provide coordination with the contractor, utility companies, property owners, and project personnel as well as running the weekly construction meetings. Task 14: Construction Observation WSB proposes to assign one lead full-time resident engineer to administer the field construction activities to assure that the project is constructed in conformity with the plans, specifications, and contract provisions. This observer will provide coordination with the 7 City of Richfield Lyndale Avenue -65th Street to Crosstown July 12,2006 56--~ VVSB Associa contractor, utility companies, property owners, and project personnel, and will also monitor construction operations, coordinate tests, and work on project documentation. The construction observer's responsibilities on the project would include the following: . Perform technical duties such as inspection work to assure compliance with the contract documents. . Responsible for resolving field problems and ensure that the solutions are implemented as quickly as possible. . Responsible for assembling relevant information for any supplemental agreement or change orders that may be encountered during the course of construction. . Ensure that test report records and certificates of compliance have been completed prior to incorporation of materials in the work. . Prepare daily and weekly construction diaries, document contract working days along with records consistent with Mn/DOT and City Practices. . Measure and compute quantities of all material incorporated in the work. . Document changes in plans and specifications for as-built plan preparatipn. . Perform reviews of temporary and permanent erosion control measures on the project for compliance with applicable permits and specifications. . Monitor and document conformance with applicable permits. . Prepare partial pay vouchers at regular intervals for Mn/DOT and the City of Richfield approval. . Review and monitor the contractor's schedule to ensure proper field testing of material is in accordance with Mn/DOT's schedule of material control. Compile and file all completed test results. . Coordinate construction activities with the local business and residents, as well as the emergency services. · Coordinate design issues and resolution of construction issues with the design engineer. 8 City of Richfield Lyndale Avenue - 65th Street to Crosstown July 12,2006 SlJ-q VVSB & Associa . Coordinate construction activities with theMn/DOT and the City of Richfield. . Conduct final inspection and prepare the final payment voucher and final project documentation. · Coordinate the preparation of as-built drawings. Task 15: Construction Surveying WSB will provide a survey crew to do the construction staking for the project, including construct limits, grading alignments, and grades for utilities and trail facilities, retaining walls, City sanitary sewer and water main's, storm sewer, and any other survey needs for the proj ect. · Perform all construction survey for all project construction. . Provide survey reference points as needed for private utilities. . Provide survey cut sheet and other survey reference points to the contractor for construction line and grades. · Document survey as construction progress and provide survey notes and calculation as requested by the resident engineer. . Provide field survey documentation for as-built construction plans. Task 16: Materials Sampling and Testing WSB proposes to utilize the services of American Engineering Testing, Inc. (AET) to perform the sampling and testing ofthe construction materials used on the project. WSB recommends that Mn/DOT perform the plant inspections. Mn/DOT does charge for these services and the City will be responsible for these costs; however, we have found this is cost-effective for these services. AET will collect and deliver concrete and asphalt for submittal to MnlDOT laboratories for testing. All field tests will be done in conformance with current Mn/DOT schedule of material controls and project specifications or as modified by the contract special provisions. 9 City of Richfield Lyndale Avenue - 65th Street to Crosstown July 12, 2006 Vi/S8 Associa Inc. 56-/0 . AET will provide logs and records consistent with Mn/DOT policies. Necessary concrete, bituminous, grading and base reports will be prepared by AET. . AET will provide the necessary testing personnel and certified testing equipment. . WSB will coordinate with Mn/DOT district independence assurance inspector and request for independent assurance review for the project. Task 17: Record Drawings WSB would provide a set of record drawings of the project to the City of Richfield on 22 x 34 Mylar as part of the contract. Prior to submitting Mylars, a black line copy of the record drawings will be submitted to the County and Cities for review and comments. 10 City of Richfield Lyndale Avenue - 65th Street to Crosstown July 12, 2006 ... IIVSB 5b-l/ Richfield Lake Improvement Project W orkPlan and Estimate of Cost & Associates, inc. Estimated Hours Principal! 'r. i bngmeenng Project I Project Planner! Technician! 3 Person i ClericaVOffice Task Man::lQer I Engineer F.m!ineer 'Const Obsvr. SllTVev Crew Tech Total Cost Final Design , i i ! I i 1 PROJECT MANAGEMENT 80 24 ! 24 128 $13,792.00 i 1 DATACOLL'ECTION tsURVEY 6 8 i 24 1 40 78 $8,790.00 i 3 GEOTECHNICAL I . SUBCONSULTANT See Exnenses) . , 4 FINALDESIGN/CONST,PLANPREP i : Title Sheet I 4 8 16 2 30 $2,396.00 General Layout 4 8 8 i 20 $1,704.00 Estimated Ouantities 2 i 16 16 20 1 2 56 $4,918.00 Quantity Tabulations 2 i 8 i 16 16 42 $3 658.00 Soils Consnuction Notes and Standard'Plates 4 ! 4 i 8 16 $1 364.00 Typical Sections 2 , 4 ! 8 16 30 $2546.00 , Miscell3neous Details/Standard Plans 4 I 8 i 16 I 28 $2,296.00 Utility and Removal Plans I 2 I 8 16 ! 26 $2,080.00 Stann Sewer Plan and Profile 4 12 16 1 16 48 $4,340.00 Drainage Tabulations i 4 16 20 $1 524.00 TurfEstablishmentfErosionControl i 6 i 16 I I 22 $1,694.00 StOIDl Water Pol1ution Prevention Plan 4 16 i 8 , i 28 $2,384.00 Cross-Sections 2 4 24 I 24 54 $4,498.00 Grading Plan I I 24 16 40 $3,224.00 5 SPECIAL PROVISIONS 8 i 8 32 I i , 16 64 $5,384.00 I i I 6 CONSTRUCTION COST OPINION 2 I 4 I 8 8 ! 22 $1,954.00 i 7 PLAN REVIEW AND APPROVAL 2 I 4 i 16 40 i 62 $5,002.00 i i ! 8 RIGHT-QF-WAYPLANS 2 ! 4 16 40 40 . 102 $7,002.00 i i I \ 9 UTn.ITY COORDINATION 2 i I 8 i 16 I ! 4 30 $2,314.00 , I i , 10 OBTAIN PERMITS 20 ! 24 I 8 16 i 4 72 $7,156.00 i , ! . 11 PUBLIC INVOLVEMENT 32 ! 32 i i 8 72 $7,856.00 ! 12 BIDDING 4 i 4 I , ! 2 10 $1,032.00 SUBTOTAL FINAL DESIGN ! , $98,908.00 I , , , 13 CONSTRUCTION PROJECT MANAGEMENT 80 i 24 I 40 : 8 152 $15,952.00 I , I , 14 CONSTRUCTION OBSERVATION 40 40 I 400 i I 32 512 $40,520.00 I " I I 15 CONSTRUCtION SURVEYING i I i 180 I 180 $24300.0 ! I I ! 16 MATERIALS SAMPLING AND TESTING ! I SUBCONSULTANT (See Exoenses) I I i : ! 17 RECORD DRAWINGS 16 ! 8 ! 40 ; 16 16 96 $8.784.0 SUBTOTAL CONSTRUCTION SERVICES ; , : I $89,556.0 i ! , , FINAL DESIGNI CONSTRUCTION SUBTOTAL 306 250 I 254 I 836 , 236 , 158 2040 $188,464.00 verllrte Lobor Cost $125.00 $108.00 $85.00 $74.00 $135.00 $50.00 Subtotal bv Labor Catellorv . $38,250.00 $27,000.00 $21,590.00 J $61,864.00 $31,860.00 i $7,900.00 $188,464.00 Expenses $12,000.00 Materials Sampling and Testing $6,000.00 $12,000.0 Geotechnical Subconsultant $6,000.0 10:14AM 08/29/2006 Cost' estimate proposal-Richfield Lake (2).xls ... ,.." 5 tJ-ld- WSB Associa Proposal to Provide Final Design Services for Lyndale Avenue Drainage Improvements Needed to Accommodate Runoff from I35W/Crosstown Right of Way PROJECT OVERVIEW Our proposal for final design of Lyndale Avenue drainage improvements needed to accommodate runoff from I35W/Crosstown right of way is based on the memorandum presented to Mike Eastling, City of Richfield Public Works Director, on November 3, 2005. The project involves reconstruction of Lyndale Avenue from curb to curb with replacement of adjacent sidewalk from Mn/DOT project limits north of 63rd Street traveling south to 64th Streetin conjuction with placing a trunk storm sewer line in the Lyndale corridor that outlets westerly through the Lyndale Garden Center. The scope of services that will be provided includes development of a final horizontal layout, preparation of construction plans, special provisions, right-of-way plat, and bidding documents. The final horizontal layout will identify the alignments and locations of all of the construction elements in the plan including hut not limited to the alignment of and location of roadways, sidewalks, parking lots, pedestrian amenities, and lighting. WORK SCOPE This section outlines. the work tasks that would be completed for the final design of drainage improvements in the Lyndale Avenue corridor from 63rd Street to 64th Street outletting through the L yndale Garden Center. We have included all work tasks that we think may be needed to complete the project except for those that we believe are being completed by others. The WSB team will prepare construction documents (plans, specifications, and estimates) and associated engineering analysis and documentation required per agency requirements. The following work tasks are anticipated to be completed as part of the basic work for the project. . 1 City of Richfield Final Design Services for Lyndale Avenue Drainage Improvements July 13, 2006 5D-/3 VVSB Associa Inc. . Task 1: Project Management This task will consist of continued management and administration, project coordination and communication with the City of Richfield and MnlDOT for the design phase. It includes periodic meetings with City of Richfield and MnlDOT staff and others to coordinate the various elements ofthe project. It is assumed that there will be 6 Design Progress Meetings to discuss design related issues. WSB will provide meeting minutes for all meetings WSB attends as part of this project. If additional meetings are required,WSB will charge $625.00 per meeting. This includes meeting preparation (agenda), meeting attendance, and meeting minutes. Also included in this task is billing preparation, invoicing, progress reports and other non-technical work associated with this phase of the project. Task 2: Final Geometric Layout WSB will create a final geometric layout for the project. The final geometric layout will identify the final location for all horizontal elements related to vehicle traffic, transit, pedestrians and bicycles. This would include but not be limited to traffic lanes, sidewalks, parking lots, lights, and other amenities related to pedestrians or bicycles. . Task 3: Data Collection/Field Design Survey Some field design surveys have been completed as part of previous design work in this area. However, additional design surveys will be required. WSB will complete the necessary field survey and also collect information on city and private utilities for the project area. Culverts, hydrants, gate-valves and other drainage and utility elements in the corridor would belocated as part of this field survey. It is assumed that five (5) days of field survey may be necessary for the final design. This would include survey time to return to the site and collect additional information where needed. This task also includes developing an updated design base map for the proj ect from the survey information. Task 4: Geotechnical Study WSB will contract with a soils firm to collect some additional soils information for the project area for use in the design of the roadway section and utilities. A soils letter will be prepared with the recommendations for pavement design. 2 City of Richfield Final Design Services for Lyndale Avenue Drainage Improvements July 13,2006 56-14 VifSB & Associates. Task 5: Landscaping Plans It is assumed that a separate landscaping plan will be developed for the project. WSB will sub this work to a consultant acceptable to the City of Richfield. The coordination ofthe landscaping plan with the roadway construction plans is included in Task 6. This task would include the preparation of the landscape plan and other aesthetic treatments for the project. This would include but not be limited to special treatments for sidewalks, cross- walks, lighting, or other project elements. An overall theme would be identified as part of this task which would be applied to all of the surface elements of the project. Task 6: Final Design and Preparation of Roadway Construction Plans and Cross- Sections WSB will prepare a set of detailed construction plans for the grading, surfacing and drainage improvements associated with the improvements for Lyndale Avenue and the Lyndale Garden Center. Specifically, the construction plan will consist ofthe following sheets and include items shown in Mn/DOT example plan sets. . Title Sheet: Contains the location map, signature block, sheet i~dex, project data, and station-reference point comparisons. . General Layout: Layout of the project showing the plan sheet layout and sheet numbers for reference. . Statement of Estimated Quantities: Contains MnlDOT's standard pay item number, item description and quantity of all materials. Quantity totals will be totaled by funding source (100% MnlDOT). References to quantity tabulations of each individual item will be made. Notes will be included where necessary for clarification. . Quantity Tabulations: Tabulations will be prepared summarizing the earthwork volumes by station and the balance of calculations by stage. Calculations will be done using the average end area method. Detailed tabulations of each item contained on the estimated quantities sheet will be included. Two independent quantity calculations with one set checked by a senior engineer will be prepared for each item. . Soils Construction Notes and Standard Plates: Soils and construction notes covering special requirements and critical information contained in the soils letter will be listed. Standard plates used on this project will also be listed. 3 City of Richfield Final Design Services for Lyndale Avenue Drainage Improvements July 13, 2006 5 tJ -/5 WSB & Associates. . . Typical Sections: Sections will be shown for existing roadways and roadways to be constructed under this contract. The sections will be consistent with the pavement design, approved geometric layout, and soils and surfacing requirements shown in the soils letter. Surface type, base materials and sub grade corrections will be shown. . Miscellaneous Details: Provide horizontal geometry and details necessary for the construction of unique or non-standard items and other items identified during the detail design process. . Standard Plans: Insert standard plans wherever needed to eliminate or supplement construction details in the plan. . Construction Staging Plans . and Layouts: Detailed plans will be prepared demonstrating a stage-by-stage process by which the new roadways can be constructed. It is assumed that the project will remain open to traffic during construction and that access to in-place businesses is to be maintained at all times. Detour plans will be provided if necessary. Prepare color coded general layout depicting staging sequence for use at meetings. . Traffic Control Plans and Tabulations: Detailed plans and notes will be prepared showing the locations' of signs, barriers and striping necessary to accommodate the construction staging within the project area in a manner consistent with the MMUTCD Manual, Field Manual dated January, 2001, for Temporary Traffic Control Zone Layouts, City of Richfield, and Mn/DOT practices. The signing will be included on the staging plan. A tabulation showing the description and estimated quantities of traffic control devices by stage will also be prepared. . Alignment Plans and Tabulations: Prepare alignment plans showing proposed roadway centerlines, stationing and identifying alignment points with point numbers and curves with curve numbers, including permanent horizontal control points. Prepare tabulation sheets showing alignment and curve data (PC, PT,PI, POT, pac, PCC) for the alignment points shown on the alignment plan. Tabulated data will include station, delta, degree of curve, radius, tangent, curve length, superelevation rate and X and Y coordinates. . Existing Topography, Utility and Removal Plans and Tabulations: Prepare plans showing updated topographic features and private and public utilities, including wells, septic tanks, drain fields and field tile within the project limits; proposed centerlines and right-of-way lines; and also pavement, pipe, culvert, drainage structure removals, and tree clear and grub location and tabulations. 4 City of Richfield Final Design Services for Lyndale Avenue Drainage Improvements July 13, 2006 5tJ -I fa Associates. . Roadway Plan Sheets: Prepare plans of the project providing detailed information on the location of items such as: roadways, shoulders, radii, turn lanes, acceleration lanes, driveways, parking lots, tapers, right-of-way, easements, obliterations, station equations, fencing, etc. . Roadway Prof1le Sheets: Prepare profiles of the proposed mainline, cross roads and proposed driveways or driveway connections. Information shown on the profiles will include items such as: vertical control, vertical curve data, top-of-finished surface, top-of-grading grade, culverts, sub grade corrections, removal of unsuitable materials and utilities (longitudinal and transverse crossings). Profiles along gutter flow lines will also be shown if needed. . Intersection Details: Drawings of major intersections showing all horizontal geometry, edge of pavement profiles and details (such as radii, tapers, offsets and profiles) necessary for construction. Also included will be top-of- pavement vertical elevations of intersection for construction staking. . Storm Sewer Plans: Determine size of proposed drainage system components. WSB will determine the drainage areas for each structure and size the structure using an accepted hydrologic method. . Culvert/Storm Sewer Prof1les: Show centerline profiles of proposed culverts and storm sewers. Show the culvert or pipe size, length, grade, aprons, and inlet/outlet elevations. Also show all known existing and proposed utility locations along with elevations. All utilities will be labeled. . Superelevation Diagrams: Information presented in profile view labeling pavement edges and showing the station, location, and cross slope at the beginning, zero cross slope point, and end of the superelevation transition. The profile will show adjacent lane elevations relative to the profile grade, transition rates and distances from the PC orPT to critical points in the transition (e.g. crown runoff). Superelevation will also be shown in plan view on the turf establishment plans. . In-Place Drainage Tabulations: List type, size and location of in-place drainage structures within the project limits shown on the existing topography and utility plans. Proposed construction impacts (remove, leave as is, etc.) will also be tabulated. . Proposed Drainage Tabulation: List the location, type, size, length, inlet and outlet elevations, grade, class, erosion control, excavation and bedding for larger culverts. . Turf Establishment Plans and Temporary and Permanent Erosion/Sediment Control: Prepare plans showing areas requiring temporary and permanent turf 5 City of Richfield Final Design Services for Lyndale Avenue Drai13jil.,ge Irpprovements July 13,2006 . fiD-11 VVSB Associates, establishment due to construction disturbance and the type of material to be placed (sod, seed, mulch, wood fiber blanket, etc.). Show the type and location of temporary and permanent erosion control devices, sedimentation basins, waters of the State within one-half mile ofthe project and wetlands identified on the NWI map. . Landscaping and Architectural Treatment Coordination: WSB will coordinate with the City of Richfiels regarding potential landscaping and architectural treatments. This task would also identify the elements needed in the roadway plan to accommodate the proposed landscape plan. A separate task is identified for preparation of the landscaping and architectural treatment. . SWPPP - A Storm Water Pollution Prevention Plan will be prepared byWSB as required by the MPCA. . Signing Plans: Prepare permanent signing plans showing the location of proposed signs and containing all details necessary for the fabrication and installation of the signs in accordance with Mn/DOT specifications. Assemble plans and prepare tabulations in accordance with Mn/DOT Sign Plan. Standards. Field check and record existing signs. It is assumed that all new signs will be used on the project. . . Striping Plans and Pavement Marking: Prepare permanent striping plans showing the location, type, size and color of striping necessary for the permanent striping of this project, including standard plans. . Cross-Section Sheets: Prepare mainline and side road cross-sections. Show existing ground, proposed roadway template, grading grade, existing utilities, existing culverts, right-of-way, temporary easements, driveway slopes, sub grade correction, unsuitable soil removal, and topsoil placement. Compute earthwork volumes and balances and show end area calculations on right side of cross-section sheet. Existing ground for each cross-section will be created from contour information available on the base mapping. An overview sheet will be included to show cross- section match lines. Task 7: Special Provisions Special provisions will be written for unique items not covered adequately in the "Mn/DOT Standard Specification for Construction" or the "MnlDOT SP-5 Special Provisions". The appropriate City specifications will also be part of the special provisions. Each provision will contain a description, materials, construction requirements, method of measurement and basis of payment for each item. Deletions from and additions to standard specifications will be written and included as necessary. An electronic copy in Microsoft . 6 City of Richfield Final Design Services for Lyndale Avenue Drainage Improvements July 13, 2006 5D-/8 VVSB & ABsociates. Inc. . 'Word format, or the most current version of compatible software, and a hard copy of the final provisions will be submitted. Task 8: Construction Cost Opinion WSB will prepare a construction cost opinion based on quantities generated as part of the preparation of the construction plans. An electronic copy and a hard copy of the final estimate will be submitted. Task 9: Plan Review and Approval WSB will submit plans to and meet with the City of Richfield and Mn/DOTto review plans and specifications outlined in the previous tasks. Revisions will be made to plans as appropriate. Following approval of the plans by the City of Richfield and Mn/DOT , a camera ready copy of the plans and bid proposal will be provided WSB will submit plans and supplemental specifications for review and approval at three stages of development: . Stage 1 - Preliminary Design (30% Complete): WSB will develop the plans to 30% completion. The plans will meet MnlDOT State Aid Standards and at a minimum will include existing topography and utility plans, vertical and horizontal alignment plans, intersection layouts, drainage plans, typical cross-sections, and preliminary utility relocations. Three (3) sets of prints will be submitted. This stage will essentially be the fmal geometric layout. Upon receipt of City of Richfield and MnlDOT State Aid review comments the plans will be revised accordingly. Stage 2 - Final Design (95% Complete): After receiving approval of Preliminary Design, WSB will complete all areas of design and all sheets in the plan and submit eight (8) sets of plans and supplemental specifications. A Hydraulic Report and a Pavement Design Report will also be submitted. One (1) copy of the engineer's opinion of probable construction costs will be submitted. Upon receipt of City of Richfield and MnlDOT State Aid review comments the plans will be revised accordingly. Stage 3 - Final Design (100% Complete): After receiving review comments of Final Design, WSB will incorporate the comments and, will submit one (1) complete set of signed originals on bond paper with eight (8) copies. In addition, one (1) complete set of design computations, basis of quantity, and quantity calculations, and one (1) copy ofthe engineer's opinion of probable construction costs will be submitted. 7 City of Richfield Final Design Services for Lyndale Avenue Drainage Improvements July 13, 2006 5' /J- 19 . & Task 10: Right-of-Way Plan and Layout WSB will prepare a right-of-way plan meeting Mn/DOT State Aid standards for review and approvaL The plan will be included in the construction documents and will include the proposed construction plan and profile, estimated construction limits, proposed right-of- way and temporary and permanent easements. The right-of-way plan will have ownership tabulations, and show trees and other topographic information. WSB will also prepare a right-of-way layout with this information. It is anticipated that WSB will meet with the City of Richfield and MnlDOT up to two times to finalize the right-of-way plan. WSB will prepare parcel drawings and written right-of-way and easement descriptions for up to 5 parcels where acquisition of construction and temporary easements may be required. Task 11: Utility Coordination WSB will coordinate with private and public utility owners in the corridor to identify affected utilities and develop a relocation plan. WSB will make a Gopher-State One-Call for a utility locate. Information on existing utilities will be placed on the plans and a copy will be provided to each utility to have them verify or correct the information. Potential utility impacts will be identified and a meeting will be held with each affected utility to discuss utility relocation plans. The proposed relocations will be shown on the plan and sent to each affected utility. Two meetings will be held with all utilities present; the first meeting after 30% plans are submitted and the second meeting after 95% complete plans are submitted. Meeting minutes will be provided for all utility meetings by WSB within two weeks. Task 12: Obtain Permits Ifnecessary, Permit applications will be prepared and submitted to the Local Government Unit (LGU) for the Wetland Conservation Act (WCA), the US Corps of Engineers for Section 404 approval, and the Watershed District for stormwater management plan approvaL As part of this task, a wetland replacement plan will be developed to mitigate for any wetland impact that will occur as part of the project. This task will also include preparing and submitting an application for the NPDES Stormwater Permit from the MPCA using the County format for SWPPP documents. Task 13: Public Involvement A public involvement program will be implemented that includes the following: 8 City of Richfield Final Design Services for Lyndale Avenue Drainage Improvements July 13, 2006 5B~O 1. Agency Meetings: It is assumed that WSB will attend up to four agency meetings regarding plan and permit approvals of which would include attending two Richfield City Council meetings. 2. City Web site: WSB will provide graphics and/or write ups of the project for the City web site. This may include project schedules, layouts, landscaping plans, or other information that may be of interest to residents in the corridor or of the city of Richfield. Up to three updates will be provided over the length of the project 3. Individual Property Owner Meetings: Approximately five individual property owner and business owner meetings will be held to discuss associated impacts during the project development and design phases. Between agency meetings and property owner meetings this task includes a total of nine meetings. Ifadditional meetings are required WSBwould bill the meetings separately at a cost of $625.00 per meeting. This would include agenda, attendance and meeting minutes. Task 14: Bid Letting WSB will prepare the bid proposal and contract documents in preparation for bidding of the proposed improvements. WSB & Associates, Inc. will provide to the City of Richfield the special provisions sections ofthe bid proposals associated with the bidding documents on bond paper and/or in Microsoft Word or compatible format. Task 15: Construction Project Management WSB & Associates, Inc. will provide the overall project management of the project and will be responsible for all construction administration activities. The Construction Project Manager will work and coordinate with the City of Richfield and Mn/DOT and hold weekly construction meetings. The Construction Project Manager will make periodic visits to the site during construction and will he responsible for resolving field problems. The Project Manager will be responsible for preparing and certifying all monthly pay vouchers, supplemental agreements, and change orders prior to forwarding them to the City of Richfield for processing. All shop drawings, material and suppliers will be reviewed by WSB for compliance with the plans and specifications. The Project Engineer will provide coordination with the contractor, utility companies, property owners, and project personnel as well as running the weekly construction meetings. 9 City of Richfield Final Design Services for Lyndale Avenue Drainage Improvements July 13,2006 5D-d.1 tes. Task 16: Construction Observation WSB proposes to assign one lead full-time resident engineer to administer the field construction activities to assure that the project is constructed in conformity with the plans, specifications, and contract provisions. This observer will provide coordination with the contractor, utility companies, property owners, and project personnel, and will also monitor construction operations, coordinate tests, and work on project documentation. WSB would be responsible for the grading and base, bituminous, and concrete inspection, sanitary and watermain system inspection, along with streetscaping. and electrical street light inspection. The construction observer's responsibilities on the project would include the following: · Perform technical duties such as inspection work to assure compliance with the contract documents. . Responsible for resolving field problems and ensure that the solutions are implemented as quickly as possible. . Responsible for assembling all relevant information for any supplemental agreement or change orders that may be encountered during the course of construction. · Ensure that test report records and certificates of compliance have been completed prior to incorporation of materials in the work. · Prepare daily and weekly construction diaries, document contract working days along with records consistent with City of Richfield practices. . Perform daily reviews and maintain logs of traffic control devices. . Measure and compute quantities of all material incorporated in the work. . Document changes in plans and specifications for as-built plan preparation. · Perform reviews of temporary and permanent erosion control measures on the project for compliance with applicable permits and specifications. · Monitor and document conformance with applicable permits. · Prepare partial pay vouchers at regular intervals for City of Richfield approval. 10 City of Richfield Final Design Services for Lyndale Avenue Drainage Improvements July 13, 2006 5D-d.~ . . Review and monitor the contractor's schedule to ensure proper field testing of material is in accordance with MnlDOT's schedule of material control. Compile and file all completed test results. . Coordinate construction activities with the local business and residents, as well as the emergency services. . Coordinate design issues and resolution of construction issues with the design engineer. . Coordinate construction activities with Mn/DOT and the City of Richfield. · Conduct final inspection and prepare the final payment voucher and final project documentation. · Coordinate the preparation of as-built drawings. Task 17: Construction Surveying WSB will provide a survey crew to do the construction staking for the proj ect, including construct limits, grading alignments, and grades for utilities and roadway facilities, signing, striping, signals, lighting, retaining walls, City sanitary sewer and watermains, storm sewer, and any other survey needs for the project. · Perform all construction survey for all project construction. · Provide survey reference points as needed for private utilities. · Provide survey cut sheet and other survey reference points to the contractor for construction line and grades. · Document survey as construction progress and provide survey notes and calculation as requested by the resident engineer. · Provide field survey documentation for as-built construction plans. 11 City of Richfield Final Design Services for Lyndale Avenue Drainage Improvements July 13, 2006 50-;;.3 vI/sa . Task 18: Materials Sampling and Testing WSB proposes to utilize the services of American Engineering Testing, Inc. (AET) to perform the sampling and testing of the construction materials used on the project. WSB Recommends that Mn/DOT perform the plant inspections. Mn/DOT does charge for these services and the City will be responsible for these costs; however, we have found this is cost-effective for these services. AET will collect and deliver concrete and asphalt for submittal to Mn/DOT laboratories for testing. All field tests will be done in conformance with current Mn/DOT schedule of material controls and project specifications or as modified by the contract special provisions. · AET will provide logs and records consistent with Mn/DOT policies. Necessary concrete, bituminous, grading and base reports will be prepared by AET. · AET will provide the necessary testing personnel and certified testing equipment. · WSB will coordinate with Mn/DOT district independence assurance inspector and request for independent assurance review for the project. Task 19: Record Drawings WSB would provide a set of record drawings of the project to Mn/DOT and the City of Richfield on 22 x 34 Mylar as part of the contract. Prior to submitting Mylars, a black line copy of the record drawings will be submitted for review and comments. 12 City of Richfield Final Design Services for Lyndale Avenue Drainage Improvements July 13, 2006 ..... WSB 5D -- ;1tf Proposal to Provide Final Design Services for Lyndale.Avenue Drainage Improvements Needed to Accommodate Runoff from I35W ICrosstown Right of Way & Associates, Inc. Estimate of Cost Estimated Hours Principal! 1>r. I Planner/ tmgmeenng I ; Project Project 'Technician! 3 Person : Clerical/Office Task Manaeer Engineer , Encineer ' Const.Obsvr. i Survey Crew. Tech Total Cost Final Design I : ! I I PROJECT MANAGEMENT 72 16 , 16 104 $11,528.00 i 2 FINAL GEOMETRIC LAYOUT 4 12 ; 12 28 $2,408.00 ; 3 FIELD SURVEY-BASE MAP PREP 2 , 4 16 40 62 $8,266.00 I I I 4 GEOTECHNICAL i , SUBCONSULTANT (See Expenses) I ; , i . I 5 LANDSCAPING PLANS I I SUBCONSULTANT (See Exnenses) , I . 6 FINAL DESIGN/CONST PLAN PREP : i Title Sheet I 4 4 16 i 2 26 $2,056.00 General Layout 4 4 8 I i 16 $1,364.00 Estimated Quantities 2 16 16 16 i 2 52 $4,622.00 Quantity Tabulations 2 i 8 I 24 16 ! 50 $4,338.00 Soils Construction Noles and Standard Plates ! 4 4 8 I 16 $1,364.00 Utility Tabulations 4 8 16 i . 28 $2,296.00 Typical Sections 2 4 I 8 : 16 1 30 $2,546.00 Miscellaneous Details/Standard Plans 4 i 4 i 4 I 12 $1,068.00 Construction Staging and Traffic Control 4 8 16 16 i 44 $3,908.00 Alignment Plans and Tabulations 2 8 8 ! I 18 $1,488.00 Utility and Removal Plans 2 I . 8 16 : 26 $2,080.00 Roadway Plan and Profile Sheets 2 16 I 32 24 74 $6,474.00 Intersection Details 2 8 8 18 $1,488.00 Superelevation Diagrams -:- 4 i 4 8 16 $1,364.00 Stonn Sewer Plan and Profile 4 16 32 32 84 $7,316.00 Drainage Tabulations 4 i 4 i 8 $636.00 TurfEstablishmentlErosion Control 4 ; 8 I 12 $932.00 Stonn Water Pollution Prevention Plan 4 16 8 28 $2,384.00 Signing Plans 2 8 8 16 I 34 $2,978.00 Striping and Pavement Marking Plans 2 8 8 16 i I 34 $2,978.00 Cross~Sections 2 4 24 16 I 46 $3,906.00 I 7 SPECIAL PROVISIONS 4 ! 4 24 i I 16 48 $3,772.00 I I I 8 CONSTRUCTION COST OPINION 2 I 4 8 8 22 $1,954.00 ! ; ! 9 PLAN REVIEW AND APPROVAL 2 ! 4 16 32 54 $4,410.00 I i 10 RIGHT-OF-WAY PLANS 2 ! 4 16 32 I 16 70 $5,210.00 i 11 UTILITY COORDINATION 2 8 I 4 I 4 18 $1,426.00 I ! 12 OBTAIN PERMITS 2 24 8 4 38 $3,722.00 I i 13 PUBLIC INVOLVEMENT 22 i 22 8 52 $5,526.00 . ! 14 BIDDING 4 I 4 i 2 10 $1,032.00 i I FINAL DESIGN SUBTOTAL 140 T 208 336 I 384 I 40 70 1178 $106.840.0011 verage Labor Cost $125.00 $108.00 $85.00 $74.00 $160.00 $50.00 II I~YLabOr Category $17,500.00 : $22,464.00 $28,560.00 i $28,416.00 : $6,400.00 $3,500.00 $106,840.00 II ~ IGeotechnical Subconsultant Landscaping . ESTIMATED COST OF FINAL DESIGN SERVICES 08/29/2006 K'\01000.93\COd\EXheOT .Pro j.dgn . . !ntGl'state 35'JI Emerson Avenue C/' ~ ~ ~) ..; ~~ DUHon! /\ V('!Hie ~ ::l - n ......,) ,-, '''''''; - ~ .::t ^' - ;:: ~ - :;;0 ~~ - ~ .-...-' ;c ~ ~ - '. ;..,1.....; > > (j ^ (\t '7 ~ - S\ 2: ) ":- ,;.., C\didX :\ -;:CTH1t: Bp"unj f\.''Jc~nu\' -\ lline-1: ,i\ venue ,'-'TIna ,I(~'\. vc:nu(" j ! 101 !? 1<L l~ I I I I i I I I = 1II ;:; (') 0 ". r- '" '" 0 0 z ~ ~ ;:; 0 'TO '" '" '" -< 0 0 -. ~ A (f; ^' -:- :;: 701 X.n~ AI/llnuo South. &,~ sOn ...",.. IHEREBY CERTIFY THAT T1fS F'lJN, SPECIFICATION, OR REPORT -" ...""'. REVISION NO. ! EXPUHATrOO .. RICHFIELD LAKE WAS AtEPAREO BY liE: OR UM>ER II'i DRECT SUPEJMSIOH "TE ND THAT I~ A OUl..Y UCENSEll PRQfE5SIONAI.. ENGMER i "T1 WSB MinneopoflS.!.IN 55416 l.HI€R 11E' LAWS 01" THE STATE' OF' toINESOTA I'UN BYI I DESIGN BYI G5 www.wsbeng.com . IMPROVEMENT PROJECT TAW TAW I c: CHECK~ aYI . - ~~ ..-...,.;,. I PROJECT NOI ::0 PRW 1000-93 I m &Am>cIotu,Inc. RICHFlELD,NONNESOTA i " ~ m.ulo4811O.Frxm.u~171XI RECORD CIPY BYI 'ATE I INFRASTRuonJRE' ENGINEERING . PlANMNG CONSTRUCTION 1- D"'TE.~ LIe. NOI , 5D-;)Cp \ ....... Final Design for 135W I Crosstown Drainage Improvements . Along Lyndale Avenue City of Richfield, Minnesota July 12, 2006 .,')>- . . AGENDA SECTION: AGENDA ITEM # REpORT # Consent 5E 178 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 14,2006 REpORT PREPARED By: KRISTIN ASHER, ASSISTANT CITY ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ ~ REVIEWED By CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of Maintenance Agreement between Minnesota Department of Transportation (Mn/DOT) and the City of Richfield for the City to accept maintenance responsibility of the Cedar Point Pond. I. RECOMMENDED ACTION: By Motion: Approve the resolution authorizing acceptance of the State of Minnesota Maintenance Agreement No. 89989 between the State of Minnesota Department of Transportation (Mn/DOT) and the City of Richfield allowing the City to provide all maintenance of the Cedar Point Pond. I II. BACKGROUND I Staff has worked with Mn/DOT and Ryan Companies to reach an agreement on how to best handle the stormwater requirements associated with the Ryan Development and the surrounding area, including future TH 77 expansion and redevelopment south of 66th Street in Richfield. In the best interest of all three parties, a regional pond is being constructed by Ryan Companies on Mn/DOT right of way and will be maintained by the City of Richfield. 0914CedarPointPond r -v .' . ~ I III. BASIS OF RECOMMENDATION I I A. POLICY I . Utilizing regional ponds is consistent with City policy. I B. CRITICAL ISSUES - I . The agreement is necessary in order for Mn/DOT to allow Ryan to construct the pond and move forward with the Cedar Point project. I C. FINANCIAL I . Pond maintenance is conducted on an as needed basis and will be paid for through the Stormwater Utility. I D. LEGAL I . The City Attorney has reviewed the agreement and will be available for questions. I IV. ALTERNATIVE RECOMMENDATION(S) I . Reject the proposed maintenance agreement. I V. ATTACHMENTS I . Resolution approving the proposed maintenance agreement. . Mn/DOT Agreement No. 89989 . Graphic of pond location I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None anticipated. .. ~ . ., 5E"- I RESOLUTION NO. RESOLUTION AUTHORIZING APPROVAL OF AGREEMENT NO. 89989 WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION (MN/DOT) AND THE CITY OF RICHFIELD ALLOWING THE CITY TO PROVIDE MAINTENANCE OF CEDAR POINT POND. WHEREAS, the City of Richfield wishes to comply with stormwater regulations by providing treatment to stormwater runoff within the municipal limits; and WHEREAS, Mn/DOT has agreed to allow the construction of a pond to receive stormwater runoff onto their right of way from the City of Richfield; and WHEREAS, Ryan Companies has agreed to construct the necessary stormwater pond to accommodate additional stormwater runoff created by their development and future redevelopment and expansion of Trunk Highway 77; and WHEREAS, Mn/DOT has delegated the responsibility to maintain the detention pond (Cedar Point Pond) to the City of Richfield. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield enter into Mn/DOT Agreement No. 89989 with the State of Minnesota, Department of Transportation for the following purposes: To provide for maintenance and operation of a detention pond by the City within the City limits along and adjacent to TH 77 and 63rd Street, as defined in said Agreement. IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of September, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk . ,.( 5T;/ J- MINNESOTA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT PREPARED BY METRO DISTRICT MAINTENANCE OPERATIONS Mn/DOT AGREEMENT NO. 89989 AGREEMENTBEnNEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION, AND THE CITY OF RICHFIELD FOR Maintenance and operation of the pond located west of TH 77, north of 63rd Street, and east of Cedar Avenue within the limits of the City of Richfield upon the terms and conditions set forth in the Agreement. . THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Richfield, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". oi-- . " 58/~ Mn/DOT Agreement No. 89989 WHEREAS, the City of Richfield desires to construct a pond on State property near Trunk Highway 77 within the City limits of Richfield; and WHEREAS, State and City are empowered to enter into agreements pursuant to Minnesota Statutes Section 471.59; and WHEREAS, pursuant to Minnesota Statutes, Section161.38, the parties desire to enter into an agreement relating to the maintenance and operation of a detention pond located west of TH 77, north of 63rd Street, and east of Cedar Avenue within the City limits upon the terms and conditions set forth in this Agreement; and NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS. I. GENERAL PROVISIONS A. Upon construction completion at the proposed site, the City will provide for all maintenance and operation of the pond and all facilities a part thereof as shown in Exhibit A, which is attached and incorporated into this agreement, without cost or expense to the State. B. State retains ownership of the pond and reserves the right to use the pond as treatment volume should Trunk Highway 77 be expanded in the future. The pond shall be designed to accommodate 0.24 acre feet of sediment storage and 0.24 acre feet of live pool storage from State roadway expansion. This will provide treatment for approximately 5.7 acres of impervious area (based on 5700 linear feet of roadway at a width of 44 feet). Any additional storage needed by City, beyond the treatment volume of the proposed pond, must be provided by the City and pass the drainage permit approval by State. C. Pond maintenance will include but is not limited to inspection; cleaning; repair; and replacement of all drainage structures and pipes, including but not limited to pond outlet control structures; maintenance of the turf and erosion control measures around the pond perimeter; and pond sediment removal as needed to perpetuate pond capacity and function as designed. D. The City will be responsible for all maintenance costs associated with the 36" .0utJet pipe that runs under Trunk Highway 77. This will include all costs associated with repairing TH 77 if excavation is required to maintain the pipe. E. The City will hold the State harmless from any liability claims due to maintenance and operation of the pond or failure to maintain the pond. F. The City will be responsible for any damage that may occur to public and private utilities when performing pond maintenance. G. If in the future the State needs to modify the pond for trunk highway use, the State and City will enter into a new maintenance agreement. H. If in the future the State needs to modify the pond to meet regulatory requirements, the State and City will enter into a new maintenance agreement. I. If in the future the City needs to modify the pond for City use, the State and City will enter into a new maintenance agreement prior to any modifications being. made. J. The State retains its authority to administer, issue, andreguJate access permits, sign advertising permits, drainage permits, and permits to install new utilities on trunk highway right-of-way. II. CONSIDERATION AND TERMS OF PAYMENT 2 .., " 5e/y- Mn/DOTAgreement No. 89989 The City agrees to maintain and operate the pond in consideration of the State permitting City's developmentto discharge storm water into the pond on trunk highway right-of-way. 1/1. TERM OF AGREEMENT This Agreement will be in effect until superseded by another agreement between State and City or until such time that the pond is removed. IV. AUTHORIZED REPRESENTATIVE A. State's Authorized Representative for the purposes of the administration of this Agreement is Beverly Farraher, Assistant District Engineer - Maintenance, Minnesota Department of Transportation Metro District, 1500 West County Road B2,Roseville, Minnesota 55113, (651) 582-1058, or her successor. B. The City's Authorized Representative for the purposes of the administration of this Agreement is Kristin Asher, Assistant City Engineer, City of Richfield, 6700 Portland Avenue South, Richfield, Minnesota 55423, 612-861-9795, or her successor. C. State's Authorized Representative will have final authority for acceptance of maintenance services performed by City under this Agreement. V. ASSIGNMENT A. No party wi/lassign or transfer any rights or obligations under this Agreement, in whole or in part, without prior written consent of the other. B. AI/contracts and agreements made by any party with additional parties for the performance of any work to be done under this Agreement will be made in accordance with the terms of this Agreement and comply with State of Minnesota law. C. This Agreement will not be construed as a relinquishment by State of any powers or control it may have over the trunk highway covered under this Agreement. VI. MERGER/AMENDMENTS. This Agreement contains aI/ negotiations and agreements between the State and City. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. Any amendments to this Agreement must be in writing, and must be executed by the same parties who executed the original Agreement, or their successors in office. VII. LIABILITY A. The employees and agents of the City will not be deemed to be employees of the State for any reason. B. Each party will be solely responsible for its own acts and omissions, the acts and omissions of its employees, and results thereof to the extent authorized by law. The parties will not be responsible for th acts.ofany others and the results thereof. 3 " 5~>-5 Mn/DOT Agreement No. 89989 C. Liability of State wiil be governed by the provisions of Minnesota Statutes Section 3.736 and liability of City will be governed by Minnesota Statutes Chapter 466. This clause will not be construed to bar any legal remedies each party may have for the other party's failure to fulfill its obligations pursuant to this Agreement. D. Each party to this Agreement will defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. VIII. WORKERS COMPENSATION Each party will be solely responsible for its own employees for any workers compensation claims. IX. CIVIL RIGHTS The City must comply with the provisions of Minnesota Statutes Section 181.59, and any applicable local ordinance relating to civil rights and discrimination. X. STATE AUDITS The books, records, documents, and accounting procedures and practices of the City, relevant to this Agreement, will be subject to examination by the Mn/DOT Auditor, the Legislative Auditor, or the State Auditor, as appropriate, for no less than six years following the expiration of this Agreement XI. DATA PRACTICES The State and the City must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to any information provided to or by a party to this agreement. XII. AGREEMENT APPROVAL Before this Agreement will become binding and effective; it must be approved by a City Council resolution, and be executed by State and City officers as provided bylaw. [the remainder of this page has been intentionally left blank] 4 .J, .' 5E-fo Mn/DOT Agreement No. 89989 IN TESTIMONY WHEREOF the parties have executed this Agreement through their duly authorized officials: DEPARTMENT OF TRANSPORTATION Recommended for approval: By Assistant District Engineer - Metro District Maintenance Date Approved COMMISSIONER OF TRANSPORTATION By Metro District Authorized Signature Da~e COMMISSIONER OF ADMINISTRATION By Authorized Signature Date 5 ,~ 5E-7 f MnlDOT Agreement No. 89989 CITY OF RICHFIELD. MINNESOTA Recommended for Approval: Steve Devich, City Manager Martin J. Kirsch, Mayor Date: 6 j, . .... :0 :;: x w .., c o ~ 2 :0 :;: x ~ '" > o o / '" ;0 ~ ::; I "" "" " I II) o o ,. (J) Q) c o a. E o <.l c g, 0:: ,;- (; l' ,. 'SlE - ~ @2006 RLK IHe. '" ;0 .., <D o o '" " o C) CD o o '" CEDAR POINT COMMONS PROJECT I 2005744M Dull1th, MN Hiiib~ ~ Mit111eto:t MN Phone: 952 933 0912 Fax: 952933 1153 www.tlkine.COn1 ~ RLK. ( INCORPORA'I'F.D ] ~ REGIONAL POND EXHIBIT DAlE 7/20/06 c5 '" :; J 6110 Blue Cb:cle Drive. Suite 100 . Minnetonk.. MN 55343 "-'~c.::~ !(!~) ~ o o '" '" g" ) ~[ ~ ~ e~ ! = ~ ~~ ~~at:1 ~ !~~ [~~~ tI' 0 r r 1lI~ ~ s: ~ ;~~ ~~~~ (1 o ~ (j (t) ~ ~ rJJ. """" . ~ (t) ~ ~ ~ en c ~ n (D 0... ~ ~ o ~. a n o ~ o ~ 00 Ul 01. ~ ,.., 0 H.LIION Z 0 r ..., '" ,.., ~ 0 0 .. .. .. .. .. ".. .. , , I I I , ,"" ~ ~ , ~ I , "<:: , 'J I 'J , , G) I m z , m , ?; I _r- , ;!3: , ~!E I f(j() ~ I z 0 , en I m I I I , ~ ~~ ~;s. ~ ~ ~ :r o s: m .. .. .. - ..... 'J ~ ;:.. ~ < ~ ;::'::TU Cff11'f"1I';"fT.'f1'J'" VV.I..I..I. /J.L.Lt..L:i.t:l.l RETAil 5.400 sf ! ...'~"fR'--'-'I ! g~ ! ~ 65TH STREET ..... 'J ~ ;:.. ~ < ~ 64TH STREET I I I I I , I I I , , I I I I I I I ;--_______u_------ , ' '-------- ______J o~ ~~ ~o ,,< m s: m z -f G> ,)i "c ~~ "'0 cnm "2: ii1 ;0 ~ ~ ~ ;:.. ~ < ~ .,. -- ..... Cl iii ;:.. ~ < ~ ~ I -.a AGENDA SECTION: AGENDA ITEM # REpORT # Consent 5F 179 ........ STAFF REpORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 14, 2006 REpORT PREPARED By: MIKE KOOB, POLICE LIEUTENANT NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ Iii REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding an agreement between the State of Minnesota, acting through its Commissioner of Public Safety, Alcohol & Gambling Enforcement Division and the City of Richfield, Public Safety Department, pertaininQ to Alcohol Compliance checks. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the acceptance of grant funds to be used for the payment of overtim for officers involved in Alcohol Compliance Checks. I II. BACKGROUND I The State of Minnesota, Alcohol & Gambling Enforcement Division coordinates alcohol compliance checks with local police departments throughout the state. Richfield Public Safety/Police applied for a grant through the Alcohol & Gambling Enforcement Division earlier this year 2006. The State of Minnesota, Commissioner of Public Safety, has awarded Richfield Police reimbursements not to exceed $990 for overtime to participate in the alcohol compliance checks. The contract begins August 15, 2006 and expires October 15, 2006. 0914 Res~lution Accepting Funds for Alcohol Compliance Checks I III. BASIS OF RECOMMENDATION I I A. POLICY I . Minnesota Statute 465.03 requires that the City approve a resolution accepting the funds of the grant money. I B. CRITICAL ISSUES I . The resolution needs to be signed by the Richfield City Council, adopted by two-thirds majority of its members. I C. FINANCIAL I . The overtime paid to the officers will come from Grant funds. I D. LEGAL . N/A I IV. AL TERNA TNE RECOMMENDA TIONe s) I . Council could disapprove the resolution, which would void the agreement. I V. ATTACHMENTS . Resolution No. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None 5F-1 RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD, DEPARTMENT OF PUBLIC SAFETY/POLICE TO PARTICIPATE JOINTLY WITH THE MINNESOTA ALCOHOL & GAMBLING ENFORCEMENT DIVISION IN AN AGREEMENT WITH AND TO RECEIVE GRANT FUNDS FROM THE STATE OF MINNESOTA, COMMISSIONER OF PUBLIC SAFETY, TO PAY OVERTIME TO OFFICERS INVOLVED IN ALCOHOL COMPLIANCE CHECKS WHEREAS, the City of Richfield, Public Safety/Police would like to sign a contract with the State of Minnesota, acting through its Commissioner of Public Safety, Alcohol & Gambling Enforcement Division; and WHEREAS, THE City of Richfield, Public Safety/Police would receive grant funds, . not to exceed $990, for overtime for alcohol compliance checks; and WHEREAS, the contract would cover alcohol compliance checks between August 15, 2006 through October 15, 2006. NOW, THEREFORE, BE IT RESOLVED that Richfield Public Safety/Police will enter into a grant agreement with the State of Minnesota, Commissioner of Public Safety, Alcohol & Gambling Enforcement Division for the project entitled Alcohol Compliance Checks, for August 15, 2006 through October 15, 2006. Public Safety Director Dan Scott is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Richfield Police Division and to be fiscal agent and administer the grant. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of September 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REpORT # Consent 5G 180 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 14, 2006 REpORT PREPARED By: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: gJ ri REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration and approval of an amendment to the Emergency Preparedness contract with the City of Bloomington, authorizing the use of public health emergency preparedness grant funds distributed by a federal grant from the Centers for Disease Control, to provide services in the area of pandemic flu preparedness. 1. RECOMMENDED ACTION: By Motion: Approve an amendment to the emergency preparednes contract with the City of Bloomington, to allow Public Safety to receive use public health emergency preparedness grant funds distributed by a federal grant from the Centers for Disease Control, to provide services in the area of pandemic flu preparedness. I II. BACKGROUND I The State of Minnesota has received funds from the federal government (Centers for Disease Control) to be used in developing agencies' public health emergency preparednesslresponse to bioterrorism. This is part of a nationwide effort to respond to serious public health emergencies. Council approved the original contract at their December 13, 2005 Council meeting. 0914 Pan Flu Amendment to Bloomington Emergency Preparedness Contract Since that time, a new grant has become available to the City of Richfield. This grant is in the amount of $9,164 and is to be used in the area of preparedness specific to Pandemic Flu. Of that total amount, $7,000 will be used, in a contract with the City of Bloomington, to meet the grant's activity requirements. Grant funds in the amount of $2,164 will be retained by Richfield for use in developing and exercising a tabletop exercise in 2006 specific to Pandemic Flu. These new funds will become an amendment to the City's original contract with the City of Bloomington. I III. BASIS OF RECOMMENDA nON I I A. POLICY I . The City of Richfield became a Community Health Services (CHS) agency in 1977, which makes the City eligible to receive these grant funds to use in the development of a public health emergency response system. I B. CRITICAL ISSUES I . These funds are part of a nationwide effort to respond to serious public health emergencies, to include the threat of Pandemic Flu. IV. I C. FINANCIAL I . Funds being used are those given to Richfield as a CHS agency, from the federal government, to develop a system for responding to public health emergency preparedness issues. I D. LEGAL I . The City must comply with the requirements of the grant in order to receive rant funds. AL TERNA nVE RECOMMENDA nONe s) . The City Council could decide not to approve the contract with the City of Bloomington for their services in the area of Pandemic Flu. This would mean that the City would have to hire a staff person to assume some of the grant's responsibility, which cannot be met with current City staffing levels and would result in a budget increase. ATTACHMENTS I . City of Bloomington, Pandemic Flu contract amendment Iv. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None 5EJ-1 AMENDMENT TO AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND RICHFIELD FOR PUBLIC HEALTH PREPAREDNESS AND REPONSE TO BIOTERRORISM This Amendment to the Agreement between the City of Bloomington ("Bloomington") and City of Richfield ("Richfield") is made this 14th day of September, 2006. WITNESSETH: WHEREAS, on December 13, 2005, Bloomington and Richfield entered into an Agreement (hereinafter referred to as "Agreement") wherein Richfield purchased services from Bloomington, through its Division of Public Health, to provide public health emergency preparedness and Cities Readiness Initiative services to promote, support, and maintain the health of Richfield residents; and WHEREAS, Richfield wishes to purchase additional services from Bloomington for Pandemic Flu Activities (hereinafter referred to as "Services"); and WHEREAS, Bloomington is willing to provide said Services; NOW THEREFORE, the parties hereto do mutually agree to amend the Agreement as follows: I. Bloomington, through its Division of Public Health, agrees to provide residents of Richfield with the following Services: a. Activities required under the Pandemic Flu grant, including the following: Complete the CDC Local Public Health Assessment. Prepare a list of gaps and priorities. Provide training or technical assistance to the City of Richfield, local businesses, schools, community groups, health care providers, and the general public as time and/or funding allows. Provide assistance as needed in drafting an exercise plan to guide activities for August 31, 2006 to August 30, 2007 for pandemic flu. b. Purchase of education materials for Richfield as agreed upon. c. Purchase of Personal Protective Equipment (PPE) for Richfield as agreed upon. II. Richfield agrees to pay Bloomington an additional sum of $7,000.00 for the provision of said Services. On August 1, 2006, Bloomington shall bill Richfield for Services rendered in the amount of $7,000.00. Payment shall be made within fifteen days of receipt by Richfield of Bloomington's invoice. Except as hereinabove amended, the terms, conditions and provisions of said Agreement shall remain in full force and effect. 5&-a. IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed as of the day first written aboVe, intending to be bound thereby. CITY OF BLOOMINGTON Dated: By: Its Mayor Dated: By: Its City Manager Reviewed by and approved by the City Attorney. City Attorney CITY OF RICHFIELD Dated: By: Its Mayor Dated: By: Its City Manager AGENDA SECTION: AGENDA ITEM # REpORT # Public Hearing 7 181 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 14, 2006 REpORT PREPARED By: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request to amend a Conditional Use Permit to allow an increase in the total number of children to be served by day care facilities at 7145 Harriet Avenue (Richfield Central School). I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Approve an amendment to a Conditional Use Permit at 7145 Harriet Avenue (Richfield Central School). I II. BACKGROUND I Richfield Montessori and Child Care has been serving the southern metro area since 1971. Originally located within Penn Junior High School in Bloomington, the school has operated out of the Lincoln Hills facility on Penn Avenue for the past. eight years. Due to the changes taking place at the Lincoln Hills site (upcoming demolition and reconstruction), Richfield Montessori and Child Care needed to relocate. The Richfield School District has agreed to lease space at its Central School location (7145 Harriet Avenue) to the school. Over the years, this building has been used for a variety of care facilities ranging from adult day care to latchkey and montessori programs. In the past, the facility 091406 - ACUP 7145 Harriet add'l day care students has been approved for up to 80 children. The current conditional use permit (CUP), issued in June 2000, allows for the service of up to 50 children. A Montessori school serving approximately 35-40 children currently operates at this site. To comply with the current conditional use permit, Richfield Montessori and Child Care can serve only 10-15 children. The total school year enrollment for Richfield Montessori and Child Care is 56 children between the ages of six weeks and six years. They are requesting that the total allowable number of children served at this facility be raised to 100 in order to maintain their current clients. No changes are proposed for the design of the property. I III. BASIS OF RECOMMENDA nON I I A. POLICY I Day care facilities serving more than 12 persons are a conditional use in the R District. The findings necessary to issue a CUP (546.05, subd.6) are as follows: a) The proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan. This requirement is met. The property is designated as "Quasi-Public", which is consistent with a school facility. b) The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. This requirement does not apply, as there are no official redevelopment plans for this site. c) The proposed use is or will be in compliance with the performance standards specified in Section 541 of this code. This requirement is met. The site is already in compliance with the performance standards section of the code. d) The proposed use will not have undue adverse impacts on governmental facilities, utilitif{Js, services, or existing or proposed improvements. This requirement is met. e) The use will not have undue adverse impacts on the public health, safety, or welfare. This requirement is met. f) There is a public need for such use at the proposed location. This requirement is met. Richfield Montessori and Child Care has operated successfully in the City for the past eight years. g) The proposed use meets or will meet all the specific conditions set by this code for the granting of such Conditional Use Permit. This requirement is met, as explained below. Day care facilities serving more than 12 persons are conditional uses in the R District, as specified in Section 521.07, Subdivision 2 of the Zoning Code. This section of the Zoning Code specifies four requirements for a CUP to be issued for a day care facility serving more than 12 persons, as follows: a) The day care shall abut a collector or arterial street if it is NOT an accessory use. This requirement does not apply. The proposal is an accessory use. b) Parkinq lot and screeninq requirements shall be met. This requirement is met. c) Desianated pick-up and drop-off areas shall be located on the site. This requirement is met. Parking is located to the east of the building, immediately adjacent to the door to the child care facilities. Parking from the high school is not permitted in this area. A separate drop-off area would not be created given the parking adjacent to the door. d) Outdoor plav areas shall be set back at least 15 feet from any lot line which abuts a residential parcel. This requirement is met. Play areas are located between the wings of the buildings and not visible by the surrounding single- family homes. lB. CRITICAL ISSUES I . The site has been used for various day care facilities for more than 20 years. . The Council approved service of up to 80 children in 1988. No complaints regarding parking were noted in the files. . The proposed amendment would allow a total of 100 students to be served at this facility (divided between providers as they choose). . Montessori schools are licensed as child care facilities. . As in the past, the requirements applied in this case are those related to day care facilities. . Richfield Montessori and Child Care has been operating in compliance with all City requirements for the past eight years. . Parking requirements for a day care facility serving 100 children require 20 stalls. The site has over 50 available parking spaces. I C. FINANCIAL I . The required CUP application fee has been paid. Comprehensive Plan: Notification: Other Actions: Planning Commission: HRA: Hearing Examiner: I R - Single-family Residential Current: Day care program/school facilities Proposed: Same Quasi-public Neighbors and property-owners within 350 feet I D. LEGAL Zoning: Land Use: Recommended approval on August 28,2006. N/A N/A. I IV. ALTERNATIVE RECOMMENDATION(S) I . Recommend denial of the requested amendment to allow the service of up to 100 children at 7145 Harriet Avenue. I V. ATTACHMENTS . Resolution . Site Plan . Area zoning & land use maps I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I . Ms. Marie Dias, Richfield Montessori and Child Care 1-1 RESOLUTION NO: RESOLUTION AUTHORIZING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW DAY CARE SERVICES FOR UP TO 100 CHILDREN AT 7145 HARRIET AVENUE WHEREAS, an application has been filed with the City of Richfield which requests an amendment to a Conditional Use Permit forday care facilities serving up to 100 children on land generally located at 7145 Harriet Avenue, legally described as: Blocks 2, 3, 10 and 11, Augsburg Park Addition, including adjacent parts of vacated streets and alleys. WHEREAS, the Planning Commission of the City of Richfield has recommended approval of this requested amendment at 7145 Harriet Avenue at its August 28,2006 meeting; and WHEREAS, this requested amendment at 7145 Harriet Avenue meets those requirements necessary for issuing a Conditional Use Permit as specified in Richfield's Zoning Code, section 546.05, subd.6; and WHEREAS, the City has fully considered the request for approval of the amended Conditional Use Permit; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. An amended Conditional Use Permit is issued to allow day care facilities serving up to 100 children, as described in City Council Letter No. , on the Subject Property legally described above. 2. This amended conditional use permit at 7145 Harriet Avenue is subject to the following conditions in addition to those specified in Section 521.07 Subdivision 2 of the City's Zoning Ordinance: . That the recipient of this conditional use permit record this Resolution with the County, pursuant to Minnesota Statutes section 462.36, Subdivision 1 and Richfield Zoning Code 546.05, Subdivision 7. 3. The Conditional Use Permit shall remain in effect for so long as conditions regulating it are observed, and the Conditional Use Permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 546.05, Subd. 9. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of September, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 091406 - ACUP 7145 Harriet add'l day care students 1~ d- 7145 ftA'R{Il'!T AV"1!1NU!l!. AI"~ll!ili~ti;~",~llf~ti,~~Y;Ii:Sr)l$h . n,~I~~:m~Hb~'.LWU:'-.)IfI1J"R"-:~~>~m;u;~!'t~L;,;:.. '-''''', ',.,'..-... ..... -"- .,'. .,......, -"" - ,'. ,',",- "", -,-.-'- .:' "",.. ," --. " ..",". . . .. .. ... "... .. " .. ....: . .. .... . . . ...... '.. I .. '. ,. , ..' .. ~ / ~ , ... .. ... .. " . tJU. ::;:) z w it. ..... ' . IiJ;.J i ,; m:;:. ' : ' S'!fM: <t: :t: ..' .' ... .. '. r....., .. \.: , '. - , , , ~~~Y~R0l:1~ \ .. ~. ~" ~ .. ." ".. 'O' .. '. .. o. "', :....: "', .... ~ ',', o ... .. .." .. . .... .. ., .... ..' 4 0... o. .. .. .. .... .. .... , . . RICUPle:r..D MOt.l~SS02' '.. -".' '.. , " . '0 I. .. d ....... .',' : .. ...... .. .: ' .. .. .. .." .." .... .." :.. : .. .. .. .. .... .. .... . ... , ....... .: .. ~ '... . . , -." .... . .. '.. ... .. .. .. ," - ,--' . .. , '~:"~'i::',::,:>,'<,:>:::: ',::>~':, < '.: ~r ffNt;~~ rT\ PLANNING W 20 NI NG NORTH Comlmlntty Development Oefldrtment SCALE: 1" =1l0'&1 ~ Q 6 '4 ftl :~' .~. J;:( ~.. <C. cD (/J ~. ,,*.- tel. ...' " .'"'. g LJ 1 SIT'EID\LAN 1-'3 7145 Harriet Ave S - CUP Amendment 2006 Surrounding Zoning N - l/"" R R R R~ ~ I' ""'" ". ~ R ( R R R R R - It:i R ~ R R R R R - R R R R R Ii? R R C") - . [[[ll] R R R R R R R R R R R R R R R R R R R R R R R R R R R R R I R R R R R R R R R R R - R R ~ R R R R R R R R i 1. R R R R R R R 'R R R R l\. R R R l/ , R R"'lIl R R R R R R ~ ~ R I:) I:) R . R = Residential o 120 240 480 720 960 Feet Community Development (MP) 8.10.06 1--- 7145 Harriet Ave S - CUP Amendment 2006 Surrounding Land Use N - ~ RES RES RES RES 'n ~ QUASPBLC ( RES RES RES RES RES - ~S RES R~ RES RES RES RES RES 4::: - RES RES RES RES RES C RES I RES P [IT]] . ~ RES RES RE~ RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES SCH RES RES RES RES RES RES RES RES RES I RR RES RES RES RES RES RES RES RES - RES RES ~ RES RES RES RES RES RES RES RES R1 1\ RES RES RES RES RES RES RES ~ES RES RES RES RES " R'liQ RES RES RES e-- ~ RES"lIl RES RES RES RES RES RES ~ RES RI"~ RI"C:: RES ~ . RES = Residential SCH = School QUASPBLC = Quasi-public RR = Railroad o 120 240 480 720 960 Feet Community Development (MP) 8.10.06 AGENDA SECTION: AGENDA ITEM # REpORT # Resolutions 8 182 STAFF REpORT CITY COUNCIL MEETING SEPTEMBER 14,2006 REpORT PREPARED By: KRISTIN ASHER, ASSISTANT CITY ENGINEER NAME, TiTLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: Er at ~ ~ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution establishing just compensation and authorizing the purchase of three businesses located at 6613 Portland (Zalesky), 6545 Portland (BP), and 6544 Portland Avenue (Mr. Tire). I. RECOMMENDED ACTION: By Motion: Approve a resolution establishing just compensation and authorizing purchase of three businesses located at 6613 Portland, 6545 Portland, and 6544 Portland Avenue. I II. BACKGROUND I The 66th Street and Portland Avenue Intersection Improvement Project requires additional right of way. Three single-family homes and three commercial properties will need to be acquired. Partial acquisitions are also expected on three commercial properties, one multi-family property, one single family home, one group home, and a narrow strip of land along the front of Veterans Memorial Park adjacent to 66th Street, which would be replaced with new park land contiguous to Veterans Park. Appraisal reports were prepared for the 6613 Portland Avenue property (Zalesky Printing). The review appraiser's recommended determination of just compensation is $231,150 for this acquisition. This amount reflects both real estate and fixtures and will be the basis for the offer to the property owner. 0912PortlandHomes Appraisal reports were prepared for the 6544 Portland Avenue property (Mr. Tire). The review appraiser's recommended determination of just compensation is $549,150 for this acquisition. This amount reflects both real estate and fixtures and will be the basis for the offer to the property owner. Appraisal reports were prepared for the 6545 Portland Avenue property. The review appraiser's recommended determination of just compensation is $898,400 for this acquisition. This amount reflects both real estate and fixtures and will be the basis for the offer to the property owner. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The three properties have been identified as necessary to be acquired for the 66th Street and Portland Avenue Intersection Improvement Project. . . Right of way acquisition procedures set forth by the Minnesota Department of Transportation and the Federal Highway Administration are being followed. I B. CRITICAL ISSUES I . Offers will be made to the property owners upon receipt of Council's approval of just compensation and authorization to purchase. . Properties are being processed for Council's consideration for just compensation and purchase authorization as staff receives appraisals. I C. FINANCIAL I . Funding for the purchase of these parcels will be provided by Hennepin County funds using Community Works Funds. I D. LEGAL I . The City attorneys have overseen the right of way acquisition process and will be available to answer any questions. I IV. ALTERNATIVE RECOMMENDATION(S) I . Council may choose to delay approval of the just compensation and authorization to acquire these properties or not approve them at this time. However, property owners are eager to move forward with the acquisition process. I V. ATTACHMENTS I . Resolution establishing just compensation and authorizing purchase of real estate property located at 6613 Portland, 6544 Portland, and 6645 Portland. . Project map outlining properties impacted by the intersection improvements. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None. ~-I RESOLUTION NO. RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF REAL PROPERTY LOCATED AT 6613 PORTLAND AVENUE, 6544 PORTLAND AVENUE, AND 6545 PORTLAND AVENUE (66TH STREET AND PORTLAND AVENUE INTERSECTION IMPROVEMENT PROJECT) WHEREAS, the City of Richfield, Minnesota desires to purchase certain real property pursuant to and in furtherance of the 66th Street and Portland Avenue Intersection Improvement Project (Project) heretofore adopted by the City of Richfield (City) said real property being described on Exhibit A, together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto; and WHEREAS, the City has adopted a layout for Project improvements; and WHEREAS, the Project improvements necessitate the purchase of real property appurtencmt thereto; and WHEREAS, the City is authorized by Minnesota Statutes to acquire real property within its corporate boundaries; and WHEREAS, the City has caused appraisals for the properties to be made by qualified independent professional appraisers to determine fair market value of real estate; and WHEREAS, a qualified review appraiser has certified the real estate appraisal reports as being in conformity with appraisal standards; and WHEREAS, the Richfield Public Works Department and City Attorney have reviewed all appraisal reports and review appraisal reports prepared for the properties and the City staff recommendations of just compensation for the real estate, and concur that such amounts should be determined by the City Council as the just compensation for such properties, as indicated in Exhibit A; and WHEREAS, the Richfield Public Works Department has also recommended that the City proceed to make offers to the owners of the properties in the just compensation amounts of $231,150 for the 6613 Portland Avenue real estate & fixture acquisition, $549,150 for the 6544 Portland Avenue real estate & fixture acquisition, and $898,400 for the 6545 Portland Avenue real estate & fixture acquisition. WHEREAS, the just compensation amounts indicated are consistent with said appraisal reports and review appraisal reports. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Richfield, Minnesota as follows: 1. That the total just compensation for each of the individual parcels of real estate are found to be the amounts indicated in this resolution. . ~~J- 2. Thatthe City's staff and consultants are authorized and directed to submit to property owners the City's offer to pay such just compensation amount for all interests in each such property and commence negotiations for the purchase of said property interests. 3. That the City's staff and consultants are hereby directed to notify, in writing, the owners of the properties that the City intends to acquire the property indicated in Exhibit A and establish eligibility for relocation benefits, if any. 4. That the City Manager and Mayor are authorized to execute purchase agreements in a form acceptable to them and take all other actions necessary to complete the purchase of the properties for the amount of just compensation set forth in this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of September, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk CIS - o I- Q)'a_ -cc .cClSQ) CIS t/) E >Q)c.. o a..._ E ::I ::I -C" E .~w -u.. Q) - CIS - t/) w ns Q) a:: <C !::: m J: X W C) c Q) m t/) - t/) ~'a Q) Q) -a.. c.- -::I 'l-C" o 0 c<C o ;; c.. 'i:: o t/) Q) Q t/) t/) ~ 'a 'a <C ~ 1:: Q) c.. e c. ~Q) _0 --'- Uns c. o LO ..... ..... ('I') N 6'7 o LO ..... co 6'7 o o o LD N N 6'7 ~ ro ::J 0- en CO CO 0> CO - o 0) c :2 ro - Q) Q) LL I :2 ro I- Q)..... 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"< ~ '" - id~ 3 ~~ "CS s>> (") fiT I il~~ I: il il f-i' iOj h ~i III jir li~ s;~ .jl S!!i 3: 11~!<! 28 ~ - ~ AGENDA SECTION: AGENDA ITEM # REpORT # Resolutions 9 183 STAFF REpORT CITY COUNCIL MEETING SEPTEMBER 14,2006 REpORT PREPARED By: CHRIS REGIS, FINANCE MANAGER NAME, TInE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of 2006 Revised/2007 Proposed Budget resolutions adopting 2007 preliminary property tax levy, setting truth in taxation hearing dates, authorizing budget revisions, authorizing revision of 2006 budget of various departments, and authorizing use of Public Employees Retirement Association Police and Fire Fund refund interest earnings for police and fire expenditures. . 1. RECOMMENDED ACTION: By motion: Adopt the attached resolutions establishing the 2007 preliminary property tax levy and proposed dates for Truth in Taxation hearings, authorizing budget revisions, authorizing revision of 2006 budget of various departments, and authorizing the use of Public Employees Retirement Association Police and Fire Fund refund interest earnings for Police and Fire expenditures. I II. BACKGROUND I On August 30, 2006, a special City Council meeting was held for the purpose of presenting and discussing the 2006 Revised/2007 Proposed Budget and 2007 preliminary property tax levy. Consequently, as a result of this meeting the City of Richfield's preliminary gross tax levy has been established at $11 ,993,259, which includes a levy for general fund operations of $11 ,567,859 and an equipment levy of $425,400. This levy amount represents a .48% increase from the 2006 gross levy. 09142006budgetres However, Public Safety staff has been directed to prepare a more definitive schedule regarding how much additional CSO time would be likely optimal for the type of increased property maintenance enforcement the City Council has directed for 2007. It may be that the entire additional $30,000 levy authorized at the recent budget meeting for this increased enforcement will be needed. If that is the case staff may recommend a small decrease to the proposed levy prepared as of this writing, as the results of the Public Safety analysis are not yet complete. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The City Charter establishes that at a special budget meeting of the Council on or before September15, the City Manager must submit to the Council a proposed budget and a budget message in the form and containing the information specified in Section 7.06. In effect the City Charter now more closely follows the Truth in Taxation Statute, which in the past overrode the Charter process for budget adoption. . Consequently, as required by the Truth in Taxation legislation (MS 275.065) each "taxing authority" must certify its proposed property tax levy for payable year 2007 to the County Auditor on or before September 15, 2006. "Taxing authority" includes all counties, all school districts, all cities regardless of population, all towns and all special taxing districts. No local units of government are exempted from this requirement. . In addition, each "taxing authority" with a population of 500 or more, must certify to their County Auditor the dates that have been selected for the Truth in Taxation hearings by September 15,2006. The date for this hearing must not conflict with the hearing dates of the county or of the school district in which the "taxing authority" is located. This Truth in Taxation public hearing must be held between November 29 and December 20,2006. I B. CRITICAL ISSUES I . Along with the 2006 Revised/2007 Proposed budget and preliminary property tax levy, City staff is also recommending dates for this year's Truth in Taxation public hearings. It is recommended that this year's hearings be set for 6:30 p.m. Monday, December 4, 2006 with a continuation date of 6:30 p.m. Monday, December 11, 2006. As Council Members are aware, at these public hearings, the tax levy may be reduced from the preliminary tax levy, but not increased. . All official action concerning the preliminary tax levy and setting dates for the Truth in Taxation hearings must be concluded before September 15, 2006. I C. FINANCIAL I . The preliminary gross levy for taxes payable 2007 is $11,993,259. The City's tax capacity rate will reflect an 8.86% decrease from 39.223% in 2006 to 35.752% in 2007. . A final resolution for consideration authorizes the revision of the 2006 budget to conform to the most recent 2006 revenue and expenditure projections. . At the August 30 meeting an additional $52,000 of funding for a part- time business licensing clerk and additional Community Service Officer hours was included in the 2007 Public Safety department budget in the General Fund. I D. LEGAL . N/A I IV. ALTERNATIVEREcOMMENDATION(S) I . The City Council could adopt a lesser 2007 preliminary property tax levy, or 2006 Revised/2007 Proposed budget or select other allowable Truth in Taxation hearing dates. I V. ATTACHMENTS I . Resolution Adopting a Proposed Budget and Tax Levy for the Year 2007 . Resolution Authorizing Budget Revisions . Resolution Authorizing Revision of 2006 Budget of Various Departments . Resolution Authorizing Use of Public Employees Retirement Association Police and Fire Fund Refund Interest Earnings for Police and Fire Expenditures for 2006 Revised and 2007 Proposed Budget I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A 0,-1 RESOLUTION NO. RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2007 WHEREAS, the Minnesota Truth in Taxation law provides for a proposed tax levy to be certified to the County Auditor by September 15, 2006 and then recertified before December 31 , 2006. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The budget for the City of Richfield for the year 2007 is hereby approved and adopted with appropriations for each of the departments to be as follows: General Fund Legislative/Executive Administrative Services Public Safety Fire Services Community Development Public Works Recreation Services Transfers TOTAL GENERAL FUND $ 829,960 1,112,030 7,616,250 2,790,130 260,450 3,834,160 1,580,470 40,960 $18,064,410 2. The estimated gross revenue of the City of Richfield from all sources, including general ad valorem tax levies as hereinafter set forth for the year 2007 which are more fully detailed in the City Manager's official copy of the 2007 budget, are hereby found and determined to be as follows: TOTAL GENERAL FUND $18,064,410 3. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2006, payable in 2007 for the following purposes and in the following amounts: PURPOSE General Fund1 Equipment AMOUNT $11,567,8592 425,400 1 Provision has been made in the General Fund for the payment of the City's co~tributory share to Public Employees' Retirement Association. 2 General Fund Levy includes all fiscal disparities distribution amounts. 4. The budget for the Housing and Redevelopment Authority of Richfield for the year 2007 is hereby ratified and approved. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2006, payable in 2007 for the following purposes: q"d- PURPOSE AMOUNT Housing and Redevelopment Authority $409,500 5. A certified copy of this resolution shall be transmitted to the County Auditor. 6. The Truth in Taxation public hearings shall be set for 6:30 p.m. December 4, 2006 with a continuation hearing at 6:30 p.m. December 11, 2006 if necessary. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of September 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk Cf-3 RESOLUTION NO. RESOLUTION AUTHORIZING BUDGET REVISIONS WHEREAS, the City Charter and Minnesota Statutes provide for a process for adopting an annual budget and tax levy; and WHEREAS, the City Charter provides certain authority for the City Manager and/or City Council to revise the annual budget; and WHEREAS, it would be beneficial to restate such authority with the adoption of the budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The City Manager may increase the budget by City Council action provided that unbudgeted receipts will be available to equal or exceed the increased expenditures. 2. The City Manager may authorize transfers between divisions within a department providing the transfers do not increase or decrease the department or total budget. 3. The City Manager may transfer budgeted amounts between departments only with the approval of the City Council. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of September, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk q-4 RESOLUTION NO. RESOLUTION AUTHORIZING REVISION OF 2006 BUDGET OF VARIOUS DEPARTMENTS WHEREAS, Resolution No. 9699 appropriated funds for personal services, other expenses and capital outlays for each department of the City for the year of 2006; and WHEREAS, The City Charter, Chapter 7, Section 7.09, gives the Council authority to transfer unencumbered appropriation balances from one department to another within the same fund at the request of the City Manager; and WHEREAS, The City Manager has requested a revision of the 2006 budget appropriations in accordance with Charter provisions and as detailed in the Proposed 2007 budget document. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the 2006 appropriations for each department of the General Fund be amended to establish the following totals: General Fund Legislative/Executive Administrative Services Public Safety Fire Services Community Development Public Works Recreation Services Transfers TOTAL GENERAL FUND INCREASE $ 821,720 1,082,450 7,054,460 2,724,840 262,890 3,556,910 1,532,770 52,690 17,088,730 $ 95,470 2. Estimated 2006 gross revenue of the City of Richfield from all sources, as the same are more fully detailed in the City Manager's official copy of the proposed 2007 budget, are hereby revised as follows: INCREASE $95,470 3. That the City Manager and the Finance Manager bring into effect the provisions of this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of September 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk q..-j RESOLUTION NO. RESOLUTION AUTHORIZING USE OF PUBLIC EMPLOYEES RETIREMENT ASSOCIATION POLICE AND FIRE FUND REFUND INTEREST EARNINGS FOR CERTAIN POLICE AND FIRE EXPENDITURES WHEREAS, the City of Richfield received a refund of overfunded residual assets from the closed Public Employees Retirement Association (PERA) Police and Fire Fund; and WHEREAS, the City adopted a plan where only interest earnings on the principal of the residual assets are to be used for eligible expenditures; and WHEREAS, all eligible expenditures be restricted to Police and Fire expenditures; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield. Minnesota as follows: 1. Revised 2006/Proposed 2007 Police and Fire Expenditures using PERA funds General Fund Operatina Expenditures Police and Fire 2006R 260,200 2007 394.400 Adopted by the City Council of the City of Richfield, Minnesota this 14th day of September 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Proposed Ordinance AGENDA ITEM # 10 REpORT # 184 ...... STAFF REpORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 14, 2006 REpORT PREPARED By: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: First reading of an Ordinance rezoning 15 properties within the 1-494 Corridor. 1. RECOMMENDED ACTION: By Motion: Approve a first reading of the attached Ordinance rezonina properties within the 1-494 Corridor. I II. BACKGROUND I On February 8, 2005 the Richfield City Council approved a moratorium for certain properties bounded by Knox Avenue, 77th Street, Cedar Avenue and Interstate 1-494 (the Corridor). The moratorium was intended to provide time to conduct a planning study to ensure that the Zoning Ordinance and Comprehensive Plan were in compliance with one another, and to devise a vision for future development along the 1-494 Corridor. Following an extensive study, the City Council approved a Comprehensive Plan amendment for the Corridor on December 13, 2005, and the rezoning of most properties within the Corridor on January 10, 2006. In accordance with State law, the City cannot adopt zoning controls that are not in compliance with its Comprehensive Plan. Most of the rezoning proposed in January 091406 - 1st Reading :ezoning 15 - 494 properties were in compliance with both the current Comprehensive Plan and the proposed plan and could therefore be rezoned immediately. For 15 properties within the Corridor, the proposed zoning was not in compliance with the existing Comprehensive Plan, just the proposed plan. In order to comply with State requirements, the City had to wait for approval of the new Comprehensive Plan by the Metropolitan Council before officially rezoning these 15 properties. The Metropolitan Council approved the City's amendment to the Comprehensive Plan on May 10, 2006. (This amendment included these 15 properties.) Five properties between 14th Avenue and Bloomington Avenue were further evaluated by staff, our consultant Hoisington Koegler and the property owner. Originally this area was proposed to be rezoned to the Mixed Use - Neighborhood (MU-N) District. It is now recommended that this area be rezoned to the Mixed Use - Community (MU-C) District. The reasons for the change to MU-C follows: 1. The area has two unique locational characteristics. It is at the same elevation as 1-494 and it is located under the "cross-wind" runway flight path for the Minneapolis/St. Paul International Airport. 2. The Comprehensive Plan guides this area for Multi-Family Residential/Office (MFR/O), with the primary land use being multi-family residential, but also provides for commercial uses such as office and/or ground level retail uses. This Comprehensive Plan designation is consistent with the proposed MU-C zoning district. 3. Both the MU-C and MU-N zoning districts allow office uses; however, the MU-C allows greater opportunity for offices to take advantage of these unique characteristics than the MU-N zoning district. Proposed rezonina: Properties West of Nicollet Avenue - Rezone to Mixed Use - Neighborhood (MU-N) . 100 78th Street West . 200 78th Street West . 7700 Pillsbury Avenue . 7701 Pillsbury Avenue . 7709 Pillsbury Avenue . 7715 Pillsbury Avenue . 7717 Pillsbury Avenue . 7721 Pillsbury Avenue . 7700 Wentworth Avenue . 7720 Wentworth Avenue Properties East of 12th A venue - Rezone to Mixed Use - Community (MU-C) . 1400 78th Street East . 1420 78th Street East . 1500 78th Street East . 7700 Bloomington Avenue . 7711 14th Avenue Changes to the zoning designation of the above-noted 15 properties have the potential to create a number of non-conformities. Non-conformities can refer to either a particular use or physical characteristic that exists prior to the adoption of additional controls which would no longer allow it. Some key points regarding non- conformities follow: . MN State Statute 462.357 allows owners of non-conforming businesses and/or properties to continue to operate indefinitely. . Owners may repair, replace, restore, perform routine maintenance, or improve their property, so long as the non-conforming use or occupancy is continued. . In the case of fire or other peril when the non-conformity is damaged beyond 50 percent of the market value, a building permit must be applied for within 180 days in order to continue the non-conformity. Beyond 180 days, the City may impose reasonable conditions upon a building permit. . In deference to current property owners, the City has also included regulations in the Mixed-Use Districts that will allow for some expansion of non-conformities within the 1-494 Corridor. These rules are summarized below: . Subdivision 1. Expansion of non-conformino uses. The City Council may allow expansion of legal non-conforming uses through issuance of a conditional use permit. Expansion may be allowed up to ten percent of the gross floor area. Any expansion or modification of a legal non-conforming use should not impede implementation of goals and policies of the Vision Plan for the 1-494 Corridor. . Subdivision 2. Expansion of dimensional or bulk non-conformities. Existing legal conforming uses that do not meet dimensional or bulk standards of the Mixed Use zoning district may be expanded with the approval of a site plan by the City Council. Expansion or modifications of a legal conforming use shall: a) Not increase the degree of non-conformity, b) Result in the building and property being in greater conformance with the goals and policies of the 1-494 Corridor Land Use Plan; and c) Not impede implementation of goals and policies of the 1-494 Corridor Plan. . These are the same considerations that apply to properties within the Corridor that were rezoned in January 2006. I III. BASIS OF RECOMMENDA nON I I A. POLICY I . Section 506.03 of Richfield's Zoning Ordinance states as its foremost purpose, "to assist in the implementation of the City's Comprehensive Plan." . Current zoning regulati()ns do not adequately regulate development to be in conformance with the Comprehensive Plan. I B. CRITICAL ISSUES I . The proposed amendment allows existing uses to continue "as is" indefinitely. . Current zoning designations could inhibit the City's ability to achieve the coherent vision proposed for the Corridor in the Comprehensive Plan. I C. FINANCIAL I . Implementation is intended to occur over time through both private and public investment. I D. LEGAL I . On August 28, 2006, the Planning Commission voted unanimously to recommend approval of the proposed Ordinance. . If the Council approves the first reading, a public hearing and second reading will be scheduled for October 10,2006. I IV. ALTERNATIVE RECOMMENDATION(S) I . Reject the attached Ordinance rezoning properties within the 1-494 Corridor. Iv. ATTACHMENTS . Ordinance amendment . Map: Proposed zoning designations I I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I . Interested 1-494 Corridor residents and business owners JD-I ORDINANCE NO. AN ORDINANCE RELATING TO ZONING: AMENDING APPENDIX 1 TO THE RICHFIELD ZONING CODE BY REZONING CERTAIN PROPERTIES WITHIN THE 1-494 CORRIDOR AREA AS MIXED-USE NEIGHBORHOOD AND MIXED USE COMMERCIAL THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Appendix 1 to the Richfield Zoning Code is amended by adding the following paragraph to Section 15 to read as follows: (5) M-16 (S of 77th, Soo Line Railway to Wentworth) That area lying between the original center line of 77th Street and the center line of 78th Street, and between the center line of Wentworth Avenue and the West right-of-way line of the Soo Line Railway. Section 2. Appendix 1 to -the Richfield Zoning Code is amended by adding the following paragraph to Section 16 to read as follows: (5) M-18 (S of 77th, 14th to Bloomington) That area lying between the original center lines of 77th and 78th Streets, and between the center lines of 14th Avenue and Bloomington Avenue. Sec. 2. Appendix 1 of the Richfield Zoning Code is amended by repealing Section 3, paragraphs 49 and 68. Sec. 3. This Ordinance constitutes a rezoning of the following properties: 100 78th Street West, 200 78th Street West, 7700 Pillsbury Avenue (portion south of 77th Street), 7701 Pillsbury Avenue, 7709 Pillsbury Avenue, 7715 Pillsbury Avenue, 7717 Pillsbury Avenue, 7721 Pillsbury Avenue, 7700 Wentworth Avenue, 7720 Wentworth Avenue, 1400 78th Street East, 1420 78th Street East, 1500 78th Street East, 7711 14th Avenue, and 7700 Bloomington Avenue. Sec. 4. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk !()--~ 17Os~ NOJ.8NIV'J00 Z~ CL Z 6 oos~ 4l9~ CD I o~ 00. :J OO17~ 4lv~ 0 ~:2: .....~ :E I - CD ~o OO€~ 4l€~ :J Gl-. 0 ElO OOo~ :is a.:!:: 4lC:~ 000 ..., 0)0 Q) 4H~ 0 iiiw C ..., o~ ..- ,.,> 0 - 4lO~ Q) ~UJ Q) go:: N Q) C E Q) ~ J.01113 - 0 E et:: (/) 0 N (.) ..c. 08V::lIH::l Q) - Q) I'- et:: I'- snsV'Jn1O::l :J O(/)(/)(/)(/)(/)(/)(/) (/) i (/)Q)Q)Q)Q)Q)~~ >l~Vd Q) Q) aNV1>lVO :J > SS >>>>><(<( UJUJUJ(/)<( ~__g<(<(<(<(<(..c...c. C ___Q) I:: (/)(/):e ~~~~~tt Q) (/)(/)(/)~.s Q)..c..c:0::J::J::J::J::J~~ ~ ..c. ..c. .c: .c: 0) - - c...o ..0 ..0 ..0 ..0 ~+-'......, s:::::: =~~--~tJ)~~~I::C 00 00 00 - .- o (/)=====Q)Q) J: I'-I'--I'--~E en (.)00 Q)a.. a.. a.. a.. a.. S:S: ..., 000"'-0 . - 0 0 ...- 0> IJ') I'- ...- N ONO"'-O C) Z"'-N~oO"'-"'-NOO or- V~IJ')t:CC s:: 'I- ~ I'- I'- I'- I'- I'- 0 N 'I- "'-"'-"'-1'-0 o 1'-1'-1'-1'-1'-1'-1'- 0 0 .- ::J 1'-1'- ..., I'- s:: ..., .0 fA I'- fA ~ 0 ~ oo~ CO a.. W N 0 000 fA 0 Q) en I'- os Q) Q) I'- .- 0::: .- 1:: 1:: oo~ Q) -c Q) 000 c.. c.. 0 Q) 0 OO€ ~ ~ a.. en a.. 0017 aNV~E> 0 C. 0 '- a.. - CD e - fJ) .s::. - - CD .... e .... - fJ) .s::. - .... .... AGENDA SECTION: AGENDA ITEM # REpORT # Other Business 11 185 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 14, 2006 REpORT PREPARED By: CHRISTINE COSTELLO, COMMUNITY DEVELOPMENT SPECIALIST NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ rI jl, REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration ot an amendment to the Right-ot-Entry Agreement for use ot portions of the southerly lots of 66th Street between 17th Avenue and Cedar Avenue by Ryan Companies US, Inc. 1. RECOMMENDED ACTION: By Motion: Approve an amendment to the Right-of-Entry Agreement for use of portions of the southerly lots of 66th Street between 17th Avenue and Cedar Avenue by Ryan Companies US, Inc. prior to conveyance dates of properties to same. I II. BACKGROUND I On June 13, 2006, the City Council approved a Right-ot-Entry Agreement for Ryan Companies US, Inc., (Ryan) tor the relocation of utilities (water, storm, gas, cable, and electric) from within the public right-of-way to an area that will not be impacted by the Cedar Point development. The relocation of the utilities has begun, and as the utility relocation work has progressed Ryan has found the need for additional space tor two trailers at the site. One trailer will be the job trailer, to be used as the on-site office for Ryan employees and their contractors. The second trailer will be a storage trailer for construction 091406-Amendment to Right of Entry Cedar Point equipment and materials needed at the site. There will be no materials located outside ot the storage trailer. Both the job and storage trailers will be secured. In the amended Right-ot-Entry Agreement, the location of the job trailer and storage trailer are illustrated (Attachment 2). The amendment to the Right-ot-Entry Agreement is necessary so that Ryan may continue to enter currently City-owned property and undertake the utility relocation work prior to the conveyance of the property to Ryan. The amendment to the Right- ot-Entry Agreement is attached tor reterence. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The City Council on June 13, 2006 approved a Right-of-Entry Agreement tor use ot portions ot the easterly lots ot Cedar Avenue, between 63rd and 66th Streets tor utility relocation work. . The City Council on March 28, 2006 approved the Cedar Point Concept Plan, which would require the vacation of public streets and relocation ot utilities. I B. CRITICAL ISSUES I . The attached amendment to the Right-of.;.Entry Agreement memorializes understandings and agreements with respect to Ryan's access to the City property prior to the conveyance dates of the sale of the property to Ryan. . On July 11, 2006, the City Council approved the sale ot City-owned property along Cedar Avenue and 66th Street to the Richfield Housing and Redevelopment Authority (HRA) for redevelopment purposes. I C. FINANCIAL . N/A I D. LEGAL I . Legal counsel drafted the attached amendment to the Right-ot-Entry Agreement. I IV. ALTERNATIVE RECOMMENDATION(S) I . Do not approve the amendment to the Right-ot-Entry Agreement and allow the transitory ordinance processes to complete I V. ATTACHMENTS I . Amendment to the Right-ot-Entry Agreement, includes map. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . Ryan Companies US, Inc. - applicant If -I FIRST AMENDMENT TO RIGHT OF ENTRY AGREEMENT THIS FIRST AMENDMENT TO RIGHT OF ENTRY AGREEMENT (this "Amendment") is made as of ~ 2006, by and among RYAN COMPANIES US, INC., a Minnesota corporation ("Ryan"), and CITY OF RICHFIELD, a Minnesota municipal corporation (the "City"). Ryan and the City are sometimes collectively referred to herein as the "Parties. " RECITALS A. Ryan and the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota are parties to that certain Contract for Plivate Development dated July 27, 2005, as amended (the "Development Agreement"), pursuant to which certain real property located in Richfield, Hennepin County, Minnesota will be acquired and developed. B. The Parties entered into that certain Right of Entry Agreement dated June 13, 2006 (the "Agreement"), related to providing for access to portions of the Property prior to its conveyance to Ryan, all as fully set out in the Agreement. C. The Parties desire to amend the Agreement as further set forth below. D. Capitalized terms not defined in this Amendment shall have the meanings assigned to them in the Agreement. NOW THEREFORE, in consideration of the mutual covenants of the Parties contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Exhibit A Amended. Exhibit A to the Agreement is hereby amended by adding the real property legally described on Exhibit 1 attached hereto to the real property already described on said Exhibit A. 2. Right of Entry. The following sentences are added to the end of and made a part of Section 2.01 of the Agreement: In addition, Ryan may enter on the Property for the following purposes: (i) placing a job trailer and a storage trailer (collectively, the "Trailers") within the portions of the Property that are legally described on Exhibit 1 attached hereto and approximately shown by diagonal shading on Exhibit 2 attached hereto; and (ii) accessing and using the Trailers in connection with the development of the Property and certain adjoining real property pursuant to the Contract, as amended. Notwithstanding anything to the contrary, Owner grants to Ryan the exclusive use and possession of the portions of the Property on which the Trailers are located from time to time. 2957QOvl JBD RC125-239 1 {{-d-. 3. Additional Exhibits. Exhibit 1 and Exhibit 2 attached hereto are hereby added to and incorporated in the Agreement. 4. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be deemed to be an original and together which shall constitute one and the same Amendment. This Amendment may be delivered by facsimile transmittal or other electronic communication of signed original counterparts. 5. Headings. The paragraph and section headings or captions appearing in this Amendment are for convenience only, are not a part of this Amendment and are not to be considered in interpreting this Amendment. 6. Amendment. Except as set forth herein, the Agreement shall remain unmodified and in full force and effect. IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed as of the day and year first stated above. RYAN COMP ANlES US, INC. By: Its: CITY OF RICHFIELD 1 By: Its: By: Its: 4076841_3 DOC 295700vl JBD RC125-239 2 11-3 EXHIBIT 1 Lots 11, 12 and 13, Block 1, Iverson's Third Addition, according to the recorded plat thereof, Hennepin County, Minnesota; Lot 1 and the South SO feet of Lot 2, Block 1, Iverson's Third Addition, according to the recorded plat thereof, Hennepin County, Minnesota; Lots 1 through 4, Block 4, Iverson's Third Addition, according to the recorded plat thereof, Hennepin County, MiIU1esota. 295700vl .IBD RC125-239 295700vl JBD RC125-239 /[- Lf EXHffiIT 2 [A depiction showing by diagonal shading the portion of the Property that is legally described on Exhibit 1 is attached] I IJl = c: 6 z Cl ~ Z Cl :IIi ill 5 is :z: z III ::I: :;i 8 ~ n ~. (fQ (t) ::r 0- ~ 0 ~ H) ~ tr1 ~ =' q 0 '-< I--l · tr1 = ;X r-+ ::r n ~. ~ ~. 0 ~ N S S 0 = rJ'j :::0 ,"",. (j ::r ::n G ...... 0.. ... ~ Z L tj ~ ~ (0 . . 00 ........... 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I I I I I I I I I I ________-L____ - --- , U'\ -- -- ----- -- - ------- --- ------- ----- :-----------------, I I ! I i ~ fiJi; -I,~.-ft, C1n~ A~ @ AGENDA SECTION: Consent AGENDA ITEM # ~H REpORT # 186 ....... STAFF REpORT RICHfiELD CITY COUNCIL MEETING SEPTEMBER 14, 2006 REpORT PREPARED By: BETSY OSBORN, ADMINISTRA TNE SUPPORT SERVICES MANAGER NAME. TInE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request by Richfield Visions, Inc. for itinerant amusement and itinerant food licenses for Richfield Cattail Days events, September 16, 2006 at Veterans Memorial Park, 6400 Portland Avenue South. I. RECOMMENDED ACTION: By Motion: Approve the itinerant amusement and itinerant food licenses for Richfield Visions, Inc., for Richfield Cattail Days events, September 16,2006, at Veterans Memorial Park, 6400 Portland Avenue South. I II. BACKGROUND I On September 6, 2006 Richfield Visions, Inc. applied for itinerant amusement and itinerant food licenses for the activities scheduled to take place at Veterans Memorial Park on September 16, 2006. The license fees for the event have been paid. The City has previously granted these licenses to Richfield Visions, Inc. for the Richfield Cattail Days celebration. 0914 Cattail Days Festival Licenses The committee has 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. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The applicant has complied with all of the provisions of the City application process and meets the requirements. I B. CRITICAL ISSUES . N/A I C. FINANCIAL . All license fees have been paid. I D. LEGAL . N/A I IV. ALTERNATIVE RECOMMENDATION(S) I . Deny the request for itinerant amusement and itinerant food licenses. This would result in the applicant not being able to conduct activities, especially those concerning food preparation, on September 16,2006. I V. ATTACHMENTS . N/A I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None.