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10-10-06 RegularCITY OF RICHFIELD, MINNESOTA TUESDAY, OCTOBER 10, 2006 SPECIAL CITY COUNCIL MEETING RICHFIELD CITY HALL, HEREDIA ROOM 6700 PORTLAND AVENUE 5:15 P.M. Call to order Roll call 1. Interview of youth interested in serving on City's advisory commissions ....Adjournment...... SPECIAL CITY COUNCIL WORKSESSION RICHFIELD CITY HALL COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. Call to order Roll call 5:30 - 5:50 p.m. 1. Discussion related to design criteria for new City maintenance facility 5:50 - 6:20 p. m. 2. Discussion related to development inquiries process (Council Memo No. 161) 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 sp aker is to k ep th it comment period to thre minutest allow sutfficient time for oth rs. 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 th meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Worksession of September 26, 2006 and (2) Regular City Council Meeting of September 26, 2006 PRESENTATION 1. Annual meeting with Planning Commission COUNCIL DISCUSSION 2. Council discussion • .Hats Off To Hometown Hits Notes: AGENDA APPROVAL 3. Council approval of agenda CONSENT CALENDAR 4. 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 CounciF 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 continuing public hearing to October 24, 2006 regarding .resolution approving preliminary and final plat for subdivision of 6444 Portland Avenue S.R. No. 200 B. Consideration of approval of continuing public hearing to October 24, 2006 regarding ordinance rezoning 15 properties in I-494 Corridor S.R. No. 201 C. Consideration of approval of resolutions appointing additional election judges and high school student trainee election judges for General Election on November 7, 2006 S.R. No. 202 D. Consideration of approval of consent and conflict waiver for Littler Mendelson regarding representation of Metropolitan Airports Commission on airport litigation matters with City of Richfield S.R. No. 203 E. Consideration of approval of contract for demolition and hazardous materials abatement services, including environmental audit work, for 1614 and 1620 East 66th Street S.R: No. 204 Notes: 5. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARING 6. Public hearing and second reading of transitory ordinance authorizing construction of backwash reclaim tank project at Water Treatment Facility and resolution authorizing summary publication of#ransitory ordinance Staff Report No. 205 Notes: RESOLUTIONS 7. Consideration of resolution authorizing approval of preferred preliminary layout for interim Lyndale Avenue Bridge over 1-494 Staff Report No. 206 Notes: 8. Consideration of resolution approving subdivision agreement with Ryan Companies US, Inc. for construction of 63rd Street and pathway to Taft Park Staff Report No. 207 Notes: OTHER BUSINESS 9. Consideration of professional services agreements with Hoisington Koegler- Group, Inc. and SRF Consulting. Group for preparation of 2008 Comprehensive Plan update Staff Report No. 208 Notes: 10. Consideration of staff direction regarding "Green" design items and pursuing Leadership in Energy and Environmental Design certification for the new City maintenance facility Staff Report No. 209 Notes: 11. Consideration of appointment to fill youth terms on City's advisory commission Staff Report No. 210 Notes: CITY MANAGER'S REPORT 12. City Manager's report 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 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: 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 # STAFF REPORT CITY COUNCIL MEETING OCTOBER 10, .2006 CONSENT 4A 200 REPORT PREPARED BY: MELISSA POEHLMAN, .PLANNING & ZONING ADMII~TISTRATOR N~ Tr7zE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: d ITEM FOR COUNCIL CONSIDERATION: Continue the public hearing to October 24, 2006 regarding consideration of a resolution a provin a relimina and final plat for the subdivision of 6444 Portland Avenue. I. RECOMMENDED ACTION: By Motion: Continue the public hearing to October 24, 2006 regarding consideration of a resolution approving a preliminary and final slat for the subdivision of 6444 Portland Avenue. II. BACKGROUND This item was continued from the September 26 meeting to October 10 because corrections to the plat and legal description needed to be made. In a discussion with the City Attorney on September 29, the applicant indicated that this information would be ready by October 6. This date does not allow adequate time for staff report preparation, therefore the item must be continued. While the Council will not discuss this item tonight, a copy of the preliminary plat has been included for your information. The corrections mentioned above will not impact the size of the proposed Tots. Both lots meet all City requirements. The structure depicted on Lot 2 is hypothetical .and is intended to demonstrate that. a .house could be placed on this lot and meet all setback requirements. 101006 - 6444 Portland Prelim & Final Plat (continue) III. BASIS OF RECOMMENDATION A. POLICY • A public hearing is required to consider both preliminary and final plats. B. CRITICAL ISSUES • Delaying consideration of this item until October 24, 2006 is necessary to make corrections to legal documents as directed by legal counsel. • The City Code does not require the Planning Commission to review plats. • A first reading is not required for consideration of plats. • The new lot will approximate 131 ft .by 75 ft. (9,825 sq. ft.), while the lot with the existing house will approximate 131 x 90 ft. (11,790 sq. ft.). The minimum width and area of a residential lot are 50 ft. and 6,700 sq. ft. respectively. • Under the statute that governs plat approvals, the City has until February 8, 2007 to make a decision. C. FINANCIAL • N/A D. LEGAL • It is not necessary for the applicant to provide plans or drawings of structures, which may be constructed on the lot as a part of the plat approval process. IV. ALTERNATIVE RECOMMENDATION(S~ • N/A V. ATTACHMENTS • .Preliminary plat VI. 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ZS a N << o N Cn .~ N r :) z _ _ _ _ ~ b ..._.+......._ l,~ ~ I ~~ goo ~~ a _• "' z w F si =,r~ --- I --- = Y o ~ ~- ,' o O Q I W 1 I m -~ o i( ~ ~ i w ~~d I t4 W V ? z I ~~ J i ~ i ~_ ~; , s u s N o c o • 4 ~ • a AGENDA SECTION: CONSENT AGENDA ITEM # _ ~iB REPORT # 201 STAFF REPORT CITY COUNCIL MEETING OCTOBER 10, 2006 REPORT PREPARED BY: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR N~LLIE, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Continue the public hearing to October 24, 2006 regarding consideration of an ordinance rezonin 15 pro erties in the I-494 Corridor. I. RECOMMENDED ACTION: By Motion: Continue the public hearing to October 24, 2006 regarding consideration of an ordinance rezoning 15 properties in the -494 Corridor. II. BACKGROUND The public hearing is being continued because City staff did not meet the time schedule for publication and notification requirements for a hearing to be held on October 10. This is not a time sensitive matter so continuation does not create a problem. All .notification and publication requirements will be complete for the October 24 public hearing. III. BASIS OF RECOMMENDATION A. POLICY 101006 - 2"d reading & public hearing rezoning 15 properties (continue) • Legal notice is required to be published in the Sun Current at least ten days prior to a public hearing. • Notice regarding the proposed changes must be mailed to all property owners within 350 feet. B. CRITICAL ISSUES • Decaying consideration of this item until October 24, 2006 is necessary to meet notification requirements. - C. FINANCIAL, • N/A D. LEGAL, • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • N/A V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A AGENDA SECTION: AGENDA ITEM # REPORT # - ~- STAFF REPORT CITY COUNCIL MEETING OCTOBER 10, 2006 CONSENT 4C 202 REPORT PREPARED BY: NANCY GIBBS, CITY CLERK NAME, TITZE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolutions appointing election judges and high school student trainee election 'ud es for the November 7,.2006 General Election. I. RECOMMENDED ACTION: By Motion: Adopt the resolutions appointing additional election judges and .appointing high school student trainee election judges for the General Election on November 7, 2006. II. BACKGROUND Minnesota Statute 204B.21 Subd. 2 provides that election judges for precincts in a municipality shall be appointed by the governing body of the municipality and that the appointments be made at least 25 days before the election at which the election judges will serve. On August 8, 2006, the City Council passed Resolution No. 9804, which appointed election judges whose names were on the election judge availability list. That appointment by the City Council allowed for them to serve as election judges at the Primary Election, the General Election or both elections. Election judges are assigned to the precincts based on availability, party balance and the number required for each election. The General Election will require assignment of the greatest number of available judges. Since the August 8 City Council appointment of election judges, the City Clerk's office has received several additional names of individuals who are eligible and able to serve as election judges for the Tuesday, November 7, 2006 General Election. 1010ELECTIONS Also Minnesota Statute 2046.19, Subd. 6 provides that a student enrolled in a high school in Minnesota who has attained the age of 16 is eligible to be appointed as a trainee election judge (without party affiliation). The student must meet qualifications for trainee election judges specified in rules of the Secretary of State. A student appointed as a trainee election judge may be excused from school attendance during the hours that the student is serving as a trainee election judge if the student submits a written request signed and approved by the student's parent or guardian to be absent from school and a certificate from the appointing authority stating the hours during which the student will serve as a trainee election judge to the principal of the school at least ten days prior to the election. The principal of the school may approve a request to be absent from school conditioned on acceptable academic performance. The City utilized high school student trainee election judges in the 1994, 1996, 1998, 2000, 2002 and 2004 elections: The City Clerk's office again has worked with Richfield High School and the Academy of Holy Angels to facilitate student participation in the High School Student Trainee Election Judge Program for the November 7, 2006 General Election. The City Clerk's office has received a list of students who are eligible and able to serve as student trainee election judges for the Tuesday, November 7, 2006 General Election. III. BASIS OF RECOMMENDATION A. POLICY • The City Council is required by State Statute to make election judge appointments at least 25 days prior to the election. • The proposed resolutions contain names of those qualified individuals who have indicated a willingness and ability to serve as an election judge and names of high school student trainee election judges for the November 7, 2006 General Election. B. CRITICAL ISSUES • If the City Council does not appoint additional election judges or high school student trainee election judges, the conduct of the election would be hindered. C. FINANCIAL • N/A D. LEGAL • Compliance with Minnesota Statute 2046.21, Subd. 2 regarding election judges. • Compliance with Minnesota Statute 2048.19, Subd. 6 regarding high school student trainee election judges. • The General Election will be conducted on Tuesday, November 7, 2006. Therefore, the City Council should appoint additional election judges and student trainee judges to serve at this election. IV. ALTERNATIVE RECOMMENDATION~S~ • The City Council could choose not to appoint the additional individuals who are named on the resolution to-serve as judge. V. ATTACHMENTS • Resolution appointing additional election judges for the General Election of November 7, 2006. • ~ Resolution appointing high school student trainee election judges for the General election of November 7, 2006. VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • None. LJ ~c-- RESOLUTION NO. RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES FOR THE GENERAL ELECTION OF NOVEMBER 7, 2006 WHEREAS, a General Election will be held on Tuesday, November 7, 2006. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, that the following are hereby appointed as judges for said election: Reed Harms Hazel Burnside Betty Gustafson Alice Monsen Thomas Niemackl Paul Perkal Francis Ploog Jeet Sausen v Roger Swanson Alia Johnson Donna Knesting Cindy Prince Elizabeth Charloff Kathleen Kurtz Don Mueller Charlie O'Brien Brittany Piatz Elaine Ruble Bill Swanson Reed Harms Johnathon McClellan Joanne Gonzalez And, that these names be added to the list of those appointed as election judges in Resolution No. 9804. PASSED by the City Council of the City of Richfield, Minnesota this 10th day of October, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk y ~°~- RESOLUTION NO. RESOLUTION APPOINTING HIGH SCHOOL STUDENT TRAINEE ELECTION .JUDGES FOR THE - GENERAL ELECTION OF NOVEMBER 7, 2006 WHEREAS, a General Election will be held on Tuesday, November 7, 2006. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,. that the following are hereby appointed as high school student trainee election judges for said election: Erin Boland Andy Brodersen Colin Cervantes Mary Dolan O'Brien Meghan Everett Philip Hansen Maria Ignacio Kelsey Laing Araceli Perez Alexander Ratanas Bridget Rumley Marylee Schnittgen Angela Torgerson Elizabeth Young Brandon Stewart Latecia Hilliard Derek Harrey Caitlin Gerdes Franziska Johnson Christine Opitz Santino Clay Sarah Wartman Sara Ermison Jessica Gieseke Roberto Padera Kali Guyot Amanda Rupiper David Higgins Kourtney Burton Crea Lewis Caitlin Knights John Schrader Janise Alston Maddie Sutton Ashley Matuke Whitney .Moore Katie Johnson Jon Olson Brittani Carter Tanisha Mickel David Lundquist Travis Larson Aja Mitchell Chad Kranz. Jennifer Von Felden Kaela Morris Kellie Simons Caitlin Etienne Gretchen Jensen Lyshia Castro Tatiana Castro Brittany Turner Justine Currin Andy Crichton Sheree Holloway Tylor Robbins Steven Fischer Briana Helling Ashley Bradford Parris Peterson Tyrese Brent Yasin Jama Khalid Hussein Abeli Mumin Anna Thang Marla Butler Travis Harjula Fred Jara Brad Ekegren Megan Stinger Kristi Anderson Kyle Bruley Shannon Flood Shelby Savage Mike Karels Sonja Sorakrai Ben Brueggemann Visan Phothiratu Jackie Keller Dominique Warmsvy Joslyn Brandenburg Klare Case Jonathan Mussetter Jessica Burgwald Colin Stemper Dan Cutshall Christina Bartz Rosa Quiriones Ashleigh-Armstrong Brian Jensen. Shelly Lee Leah Guille Mohamed Yusuf Hannah Gorski Theresa Montgomery Joanna Utz Mitchell Balding Mike Townsend Jennifer Jallen Mike Pues Randi Keator Betsy Bole William Bainbridge Amanda Buffington PASSED by the City Council of the City of Richfield, Minnesota this 10th day of October, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # ~~~ STAFF REPORT CITY COUNCIL MEETING OCTOBER 10, 2006 CONSENT 4D 203 REPORT PREPARED BY: STEVEN L. DEVICH, CITY MANAGER NAME, TITLE.... COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration to authorize the Mayor to sign a consent and conflict waiver for Littler Mendelson regarding representation of Metropolitan Airports Commission on airport litigation matters with the Cit of Richfield. I. RECOMMENDED ACTION: By Motion: Authorize the Mayor to sign a consent and conflict waiver for Littler Mendelson regarding representation of Metropolitan Airports Commission on airport litigation matters with the City of Richfield. II. BACKGROUND Leslie Altman, an attorney with the Littler Mendelson law firm, represents the City of Richfield on workers' compensation cases. In fact, Ms. Altman has represented the City in these actions for roughly the past 20 years, commencing with her employment with the former Lefler, LeFevre law firm which (now Kennedy & Graven) served as the City Attorney for several years. Ms. Altman has just become aware that the Littler Mendelson law firm has recently been asked to represent the Metropolitan Airports Commission (MAC) in litigation commenced against it by, among others, the City of Richfield. This litigation is, of course, the lawsuit brought against the MAC by the cities of Richfield, Minneapolis and Eagan. 1010LittlerMendelson Littler Mendelson has advised the City of the potential conflict of interest. However, the firm does not believe that their representation of the MAC would adversely affect their relationship with the City because this matter is outside of the scope of their normal representation of the City on worker's compensation matters. Littler Mendelson further believes that it is necessary to obtain written consent from both parties and have presented a request for a written waiver from the parties. III. BASIS OF RECOMMENDATION A. POLICY • It is appropriate in cases like this for the attorney to seek a consent and conflict waiver. The conflict waiver request has been. discussed with the City Attorney representing Richfield. in the MAC case. Mac LeFevre, City Attorney, does not believe that this potential conflict would present a problem for the City. B. CRITICAL ISSUES • It is important that this issue be addressed as quickly as possible since both workers' compensation issues and the pending legal action against the MAC require current attention. • The MAC has already granted a waiver of conflict of interest letter to Littler Mendelson for this issue. C. FINANCIAL • N/A D. LEGAL • .Under the rules that regulate the conduct of lawyers, Littler Mendelson cannot simultaneously represent directly adverse parties unless the lawyer reasonable believes the representation will not adversely affect the relationship with the other party and each client consents after consultation. IV. ALTERNATIVE RECOMMENDATION~S~ • The Council could decide not to authorize the conflict waiver. If this would occur, Littler Mendelson would need to consider resigning representation of either the City orthe MAC. V. ATTACHMENTS • Letter and acknowledgement from Littler Mendelson. • Consent and Conflict Waiver VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. r ~~ LITTLER MENDELSON A P R O F E S S I O N A L C O R P O R A T I O N September Z5, 2006 p; ALABAMA r ~~~~ ~ SEP 2 ~ 2(~~~ ARIZONA ~. CALIFC7RNIA Leslie M. Altman co,.oRADo Direct: 612.313.7639 Direct Fax: 1.651.305.1298 laltman@littler.com D'~~~> M>nA FLORIDA .GLOB GIA Steven Devich, City Manager VIA ~ACSIIi~ILE A1~fIJ- Ii.S. Mr~IL City of Richfield 612-861-9749 ILLIN°Is 6700 Portland Avenue South , Richfield, MN 55423. INDIANA Re: Waiver of Conflict of Interest Dear Mr. Devich: MASSACHC75ETTS This letter will follow up on our telephone conversation concerning my Firm's representation MI"NESOTA - of the Metropolitan Airports Commission in litigation commenced against it by, among C others, the City of Richfield ("the Richfield Action"). We have recently been asked to MISSOUR, become involved in defending this litigation as a result of our ongoing involvement in the Weinke litigation. Given that there are common issues related primarily,. at this point, to NEVADA document discovery in the two matters, the Metropolitan Airports Commission requested. our assistance in defending the Richfield Action. NEW JERSEY 1VIy relationship with the City defending workers' compensation matters is very important to me and my Firm. Although the workers compensation cases handled by our office are NEW PORK separate and distinct, both legally and factually, .from the Richfield Action, we have -------determi:ner~ -that-the most prudent course is to obtain knowing and- informed consents from both the Airports Commission and the City of Richfield waiving any conflict of interest. NORTH CAROLINA Some clients in this type of sitixation might be concerned about receiving vigorous. OHIO representation against a party who is also a client of the firm. This might occur in .the context of the assertion of legal. positions, or in the p77~~ursuit of factual information, through either document discovery, deposition testimony, 'or oL1lerWise, PENNSY LVANI A Be assured that we will continue to vigorously represent the City in its workers' RHODE ISLAND - compensation cases. If there are subsequent developments that call into question our ability to do so; we would certainly communicate further with you on. this subject. Because the 7 SOUTH CAIiOL1NA subject matter of the workers compensation cases and the Richfield Action are unrelated, it is highly unlikely that our pursuit of information or legal positions would be affected by our involvement in these cases. TEXAS ~_ THE NATIONAL EMPLOYMENT R LAB OR LAW FIRM s^ WASHINGTON IDS Center, 80 South 8th Street; Suite 1300, Minneapolis, Minnesota 55402.2136 Tel: 612.630.1.000 Fax: 612.630.9626 ~~~ Steven Devich, City Manager September 25, 2006 Page 2 Also, as we have discussed, we will undertake measures within the office to screen confidential City information and documents from those not involved in the .workers' compensation cases, in particular the persons involved in representing the Airports Commission in the Richfield Action. It is my understanding that, in light of the above information, you are willing to waive, on ...behalf of the City, _any-conflict of interest which would otherwise .exist as a result -of the matters discussed above. Please sign this letter in the space provided below and return it to me. Don't hesitate to contact me should you have any questions about this. Ve truly yours, Leslie M. Altman LMA/ds Enclosure Dated: Steven Devich City Manager City of Richfield Firmwide:81510394.1 049522.1000 1--E ~~ ~ CONSENT & CONFLICT WAIVER - With respect to Littler Mendelson's representation of the MAC in connection with the airport litigation filed by the cities of Richfield, Minneapolis and Eagan, the City of Richfield hereby consents to said representation and waives any conflict that may arise as a result of Littler Mendelson representation of the City of Richfield in other matters, specifically .matters pertaining to workers' compensation. City of Richfield By: Its: Mayor J STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING OCTOBER lU, 2UU6 CONSENT CALENDAR 4E 204 REPORT PREPARED BY: COUNCIL PRESENTER: llEP~MENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of contracting for demolition and hazardous materials abatement services, includin environmental audit work, for 1614 and 1620 East 66th Street. I. RECOMMENDED ACTION: By Motion: Enter into a contract for demolition and hazardous materials abatement services, including environmental audit work, for 1614 and 1620 East 66th Street and authorize Mayor and City Manager to execute same. II. BACKGROUND • The City of Richfield recently purchased two, single-family residential properties at 1614 and 1620 East 66th Street for the new roadway at 17th Avenue and East 66th Street. • Ryan Companies US, Inc., developer of Cedar Point Commons, (Developer) adjacent to this site area is proposing to utilize the remnant land as a portion of the site for construction of a retail strip and needs to begin grading and other site preparation work as soon as possible. KATIA MEDVETSKI, REDEVELOPMENT SPECIALIST 101006 DemoREVISED1614-1620 E 66th • Staff recently requested estimates for demolition and hazardous materials abatement work from two contractors. The Developer also provided estimates. The results were as follows: 1614 East 66th Street Contractor Demolition Abatement Reports Total S. R. Stevens Excavating, Inc. $6,550 $2,000* $1,000** $9,550 Ginther Excavating, Inc. $8,800 Incl.' $1,000** $9,800 Ryan Companies US, Inc. $9,000 $9,000 Incl. $18,000 1620 East 66th Street Contractor Demolition Abatement Reports Total S. R. Stevens Excavating, Inc. $5,600 $2,000* $1,000** $8,600 Ginther Excavating, Inc. $8,800 Incl.* $1,000** $9,800 Ryan Companies US, Inc. $9,000 $9,000 Incl. $18,000 *Staff is not certain of validity of abatement cost from contractors but is aware that Ryan consulted with abatement professionals and. also applied its experience with similar property in the area. **Estimated consultant cost for written environmental audit reports. • .Due to site preparation mobilization work, the timing schedule required by the Developer and the need for testing for asbestos, lead and other hazardous materials, legal counsel .and staff have determined that the Developer would be in the best position to undertake demolition work, including necessary environmental audit work and abatement work. Site control remains with the Developer, which is a critical consideration. • The City would pay the Developer's costs for these contracted. items. The costs are estimates only. The total contract amount would be a not to exceed figure. Actual figures could be lower. If higher, a revision to the demolition contract would be required. • Should the Developer decide to move the structures off site rather than undertaking .demolition of the structures, the Developer will be required to offset the contract price by the cost savings involved in moving the .structures.. • A contract for the site clearance work will be prepared by legal counsel upon City Council's approval of this matter. III. BASIS OF RECOMMENDATION A. POLICY • Work estimates were requested from contractors as well as the Developer in accordance with purchasing and spending authority policies. B. CRITICAL ISSUES The 1620 East 66th Street property is available immediately for clearance activities. • The 1614 East 66th Street will be occupied until October 26, 2006. Clearance activities could begin the next day. • The Developer is in the best position. to mobilize quickly on this matter, beginning with environmental audit work. • Hazardous materials abatement work only applies to building materials, not soils. C. FINANCIAL • The cost of this work will ultimately be included in a Special Assessment 429 .Bond. D. LEGAL • Legal counsel has been working with staff and will prepare the necessary contract for execution. IV. ALTERNATNE RECOMMENDATION(S~ • Do not approve the contract. • Provide staff with alternative site clearance remedies V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A AGENDA SECTION: '~ OCTOBER 10, 2006 PIIBLIC HEARING 6 205 REPORT PREPARED BY: COUNCIL PRESENTER: BRIAN YOUNG, UTILITY SUPERINTENDENT NAME, TITLE NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading .regarding the transitory ordinance authorizing the construction of the Backwash Reclaim Tank Pro'ect at Water Treatment Facilit . I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve. second reading of the attached transitory ordinance authorizing the construction of the Backwash Reclaim Tank Project at Water Treatment Facility. Adopt the attached resolution approving summary publication. of the transito ordinance. II. BACKGROUND 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 returned to the head of the plant, and upsets the chemicalmake-up, affecting the 101006BackWash2nd 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 of turbidity that upsets our water treatment process. The City Attorney has determined that a public hearing, as identified in the City Charter, is needed. First reading of the transitory ordinance was held on September 14, 2006 and the public hearing and second reading were scheduled for October 10, 2006. III. BASIS OF RECOMMENDATION A. POLICY • Pursuant to Section 8.04 of the City Charter, the project will require approval of a transitory ordinance because the estimated project cost exceeds $500,000. B. CRITICAL ISSUES • 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. C. FINANCIAL • 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 capita( improvements at the Water. Plant. • Proceeds from the G.O. Water & Sewer Bonds will fund the installation of the backwash reclaim tanks. D. LEGAL • 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. • Pursuant to 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. TERNATIVE KECOMMENDATION(S) ~ Council may choose to take no action at this time. ~ V. ATTACHMENTS ~ ~ ransitory oramance Resolution for summary publication VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ • None -I 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; findings. 1.01.. Section 8.04 of the Richfield City Charter requires that any_capital .improvement on City- owned property that has an estimated cost exceeding $500,000.00 or expenditures for design or engineering costs exceeding $75,000.00 must be approved by ordinance after a public hearing. 1.02. It is proposed that .the City Council approve a capital improvement project 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 of the capital improvement is in excess of $500,000. The estimated cost is $1,100,000.00. The. estimated cost of design and engineering costs is $172,645.00. 1.05. A public hearing was held on October 10~', 2006 after due notice as required by Section 8.05 of the Richfield City Charter. 1.06. The Council finds and determines that. it is in the best interests of the City and its. inhabitants that the 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 Tank Project; 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. Adopted by the City of Richfield this 10th day of October, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk ~'~ RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF A TRANSITORY ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT FOR THE BACKWASH RECLAIM TANK PROJECT, PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 WHEREAS, the City has adopted the above referenced ordinance to the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. 2006 - TRANSITORY ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT FOR THE BACKWASH RECLAIM TANK PROJECT, PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The ordinance authorizes a capital improvement project to construct a backwash reclaim tank at the City's water plant. The estimated cost of the project is $1.1 million. Copies of the ordinance are available for public inspection in the Public Works Department during normal business hours or upon request by calling Utilities Superintendent Brian Young (612-861-9168). Adopted by the City Council of the City of Richfield, Minnesota this 13th day of June 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING OCTOBER 10, 2006 RESOLDTIONS 206 REPORT PREPARED BY: THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, T]7ZE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing approval. of a preferred layout for the Lyndale Avenue Brid a over I-494. L RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing approval of a preferred preliminary layout for the interim Lyndale Avenue Bridge .over I-494. IL BACKGROUND The Transportation Commission has been asked to make a recommendation to the City Council on the preferred layout for the~Lyndale Avenue Bridge over I-494. A public open house was held on September 21, 2006 on the project and written comments received are attached. Layouts were presented for the long term design. of (-494, alternatives for the I-494 and I-35W interchange that provided access from Lyndale Avenue to and from the south on I-35W, and the proposed interim design for the Lyndale Avenue and I-494 Interchange. There was also a description of the four strategies for proceeding with the Lyndale Avenue and 1-494 Bridge project and a brief history of the project. 1010 Lyndale Bridge From public comments received at the Open House and previous discussions, City staff would summarize the issues as: Access to/from I-35W to/from Lyndale Avenue- The City currently has full access from and to Lyndale Avenue and I-494. to and from I-35W. MnDOT and City staff have identified a layout for the future improvement of the 1-35W and I-494 Interchange that will provide access from NB I-35W to Lyndale Avenue and from Lyndale Avenue to SB I-35W. The layout will not provide access from Lyndale to NB I-35W or from SB I-35W to Lyndale Avenue. This would occur at the 76t" Street interchange. MnDOT has agreed to work on refining this long-term layout for the I- 35W and I-494 interchange. There is still some concern about not providing the access from Lyndale Avenue to and from the north on I-35W and the amount of right-of--way needed for access from Lyndale Avenue to and from the south on I- 35W. Local Road Access for Some Existing Businesses- The frontage roads on both the north and south sides of I-494 within the project area will be closed or altered as part of the interim Lyndale Avenue Bridge Project. This will alter access to specific businesses. Additional access impacts will occur when the long-term design for the reconstruction of I-494 occurs. Businesses are concerned about how this change in access will affect them. Design of Lyndale Avenue Bridge- Several alternative designs have been. considered for the Lyndale Avenue Bridge. The single-point diamond bridge design offers improved traffic operations on Lyndale Avenue, eliminates one traffic signal on Lyndale Avenue and .reduces the amount of right of way needed along Lyndale Avenue. There was general support for this design although there was one comment that suggested waiting for MnDOT to do the I-35W and I-494 interchange. III. BASIS OF RECOMMENDATION A. POLICY • The City's Comprehensive Plan identifies the need to rebuild I-494 including the Lyndale Avenue Bridge. B. CRITICAL ISSUES • Approval of the bridge layout will not affect future Lyndale Avenue access to -and from 35W, and will not affect future 35W access to and from .Lyndale Avenue. Also, construction of the interim bridge layout will not affect access to/from 35W until 2023 when Mn/DOT proposes to rebuild I-494. • Local access to individual businesses will require additional discussion with the affected businesses by City and Mn/DOT staffs. C. FINANCIAL The total project. cost for the bridge is $30 million. The City's share will be $1-2 million. An updated cost estimate will be done as part of the final design once a preferred layout has been selected. D. LEGAL • The City Council is being .asked to recommend a preferred layout for the interim Lyndale Avenue Bridge Project by the Minnesota Department of Transportation. IV. ALTERNATIVE RECOMMENDATION~S~ • Council may choose to insist that the long-term design for the 35W/494 interchange be completed first so that Lyndale Avenue access to and from 35W can be resolved. However, Mn/DOT plans to begin this design study in November 2006. A delay in deciding on the bridge layout will force a construction delay of another year. V. ATTACHMENTS • Resolution Authorizing Approval of a preferred layout for the Lyndale Avenue Bridge over I-494 • Layout of the proposed Interim Lyndale Avenue Bridge Project. • September 28, 2006 Staff Memo to Richfield Transportation Commission on a Preferred Layout for the Lyndale Avenue Bridge over I-494 VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Scott Pedersen, West Area Engineer for Mn/DOT Metro District, '1-1 RESOLUTION NO. - RESOLUTION AUTHORIZING APPROVAL OF A PREFERRED PRELIMINARY LAYOUT FOR THE LYNDALE AVENUE BRIDGE OVER I-494 WITH INTERIM CONNECTIONS TO THE FREEWAY SYSTEM WHEREAS, the City of Richfield has proposed asingle-point diamond bridge to replace the existing Lyndale Avenue Bridge over I-494; WHEREAS, the Transportation Commission has held a public open house on September 21, 2006 on the preliminary layout for the Lyndale Avenue Bridge over I-494 with Interim Connections to the Freeway System Project; WHEREAS., the proposed layout dated September 21, 2006 shows a stand alone bridge that can accommodate alternative designs to provide future long-term access to and from Lyndale Avenue, and access to and from I-35W; WHEREAS, the proposed layout provides good traffic operations on Lyndale Avenue to handle existing and future traffic volumes; WHEREAS, the proposed layout fits with the long-term plans for 1-494. It is an investment that will have long-term value and will. help facilitate the future reconstruction of the 1-35W and 1-494 Interchange; and, WHEREAS, the Richfield Transportation Commission has unanimously recommended approval of the proposed layout. NOW, THEREFORE,. BE1T RESOLVED that the City Council of the City of Richfield approves the preliminary layout dated September 21, 2006 for the Lyndale Avenue Bridge over I-494 with Interim Connections to the Freeway System Project as the preferred layout; BE IT ALSO RESOLVED that the staffs of Mn/DOT and the cities of Richfield and Bloomington are urged to discuss the local access concerns of local businesses affected by the bridge project; and BE IT ALSO RESOLVED that City Council approval is conditioned on the access to and from I-35W to and from Lyndale Avenue will be provided by Mn/DOT unless it can be shown that a compelling technical reason prevents this access. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of October, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • s. _I ~ -i Z -- ~, o ~ o/, ~a~ ~ ~ ~ `p ff t P P P /~•' y ~ 6 ~ •~ ~ ~. oo ~ i 4k • ~ ~ ~~ 7 --_--_ ~._- ~ -_ ~ ~ ~ - -~. ~I i ~ , oa i ~ T ' I O '~ / ~ sC. I -~ -~ - -- P a g~ ' ~ ~. __- `_ .__`-- ~-1--~ - ~~. z~ ~ ~~ , ~ ------ _ s.€ i - _ - _ ,I rn ar~-. - ~ ~ O Z , ~ I b• oI I„ ~~ ~-. 8' F ~ - '~J. J L-`- `.I~ a - - I ~ ~~ I A • V/ T -/ -~ „~ ----{ , ~. . ; g ~. I ~ C m ~ 1 ,. e $• ~ ~ li ~ I tl1 II ~ I • _d b• Ivao_ $~ P ~_ J ~- ~ 1 Q ~, ~ : s i .. m I ~ Z .e ~ ~ - _ : ~m <m~~L~ ~~ - ----- -- .a,. ~~ l _ ~v ~` ~ ~ ~ p i 6~.t~~41~ - +~ - d. i ~~ ti~ / ~ ! ' ~ Iii ____ ~^ ~ it _ f ~~ ~~ _ ' . ~~jj b ~ l~ __ _! _ ` ` _ _ - , (® ________ €^' ® Q ®~ r ~ j' o ' ~ ~ i t I ___ °~ ~ ' r sr ~ :. ; a :a ~ l . m ~ l ~ ' _ - . _ ~, 'el c , ~~.... _. --. .._ __ __ xuwrwva ~ ~ ~ ~ e i ~~ ~ I I i__ I I di~'~i I I~ 1 ~ I ~-~ ~- ~ ,, ~ ; ~Q W~~ - ----- _ - - - - ~- .-- -T --~ T- r-, , ' n r -1 -~-- - - __ ~ ! !~ -- - ~ -F--- ~ --I- -- ' , ~ a~ ,~ •~e ~ ~ I ~ '' '~ ~, < ,_ ~ ,, , - - z ' ;fi ~ T ~ :,. ~ vo v i j ~ ~ ~ I ~I ~ , ', - --- - R}N AYL T I ~ j ' I 7 • ~ i i ~. - .. .:. ~; o- ~: .: ,~, .~ r `_~ ~._,_- i r-_ _._T. ,~ S d e ~ i ~ I , 4 r t '" ~ a \ ~ s ~ .^ ' o ~ __ ___ ~ ~ - - - ~ -' e o , , - ~ -- ~ - z .. -- ---- - ~- e - -- - -- - - n - 0 - -; r ~ o ~, j --- 1 rr - --- -- } o . ~o - - ~ ~~ ~® ®`s ~Bp©i~ C ~ `YA/' Y I ~ ~ ~ ~ r n ~ p -0 ,p ~ I r ', ` i ~M ~ ~ ____ 0_R_ __~ ~~ _ ~ /jpi ~6a :Pfzi :oo` ~t.J ! ~v` :q.~L av- ~ ij N / e y A7 \ ~ o \1' ~ ~ e ~ i - i ~~ / (~ CITY OF RICHFIELD Memorandum DATE: September 28, 2006 TO: Transportation Commission Members y, p g /,~' FROM: Thomas Fole Trans ortation En ineer SUBJECT: Recommendation on a Preferred Layout for the Lyndale Avenue. Bridge over I-494 The Transportation Commission has been asked to make a recommendation to the City Council on the preferred layout for the Lyndale Avenue Bridge over I-494. A public open. house was held on September 21, 2006 on the project and written comments received are attached to this memo for your review. Layouts were presented for the long term design of I-494, alternatives for the I-494 and I-35W interchange that provided access. from Lyndale Avenue to and from the south on I-35W, and the proposed interim design for the Lyndale Avenue and I-494 Interchange. There was also a description of the four strategies for proceeding with the Lyndale Avenue and I-494 Bridge project and a brief history of the project. From public comments received at the Open House and previous discussions, City staff would summarize the issues as: Access to/from I-35W to/from Lyndale Avenue- The City currently has .full access from and to Lyndale Avenue and I-494 to and from I-35W. MnDOT and city staff have identified a layout for the future improvement of the I-35W and I-494 Interchange that will provide access from NB I-35W to Lyndale Avenue and from Lyndale Avenue to SB I-35W. The layout will not provide access from Lyndale to NB I-35W or from SB 1-35W to Lyndale Avenue. This would occur at the 76~' Street interchange. MnDOT has agreed to work on refining this long-term layout for the I-35W and I-494 interchange. There is still some concern about not providing the access from Lyndale Avenue to and from the north on I-35W and the amount of right-of--way needed for access from Lyndale Avenue to and from the south on I-35W. Local Road Access for Some Existing Businesses- The frontage roads on both the north and south sides of I-494 within the project area will be closed or altered as part of the interim Lyndale Avenue Bridge Project. This will alter access to specific businesses. Additional access impacts will occur when the long-term design for the reconstruction of I-494 occurs. Businesses are concerned about how this change in access will affect them. [\\RI-FS1\PUBWKS$\PubWorks\TRANSP\Lyndale Bridge Recommendation.doc] September 28, 2006 ~l Page 2 Design of Lyndafe Avenue Bridge- Several alternative designs have been considered for the Lyndale Avenue Bridge. The single-point diamond bridge design offers improved traffic operations on Lyndale Avenue, eliminates one traffic signal on Lyndale Avenue and reduces the amount of right of way needed along Lyndale Avenue. There was general support for this design although there was one comment that suggested waiting for MnDOT to do the I-35W and I-494 interchange. Staff Recommendation: The proposed layout dated September 21, 2006, showing a single-point diamond bridge design, is the preferred layout because: • As the inter'm bridge connects to the existing I-494 it will provide full access to/from 35W; • It can accommodate alternative plans for future long-term access to/from I-35W to/from Lyndale Avenue as part of the long term improvements for I-494; • It fits with the long-term plans for {-494 it is an investment that will have long term value and will help facilitate the future reconstruction of the I-35W and I-494 interchange; • It provides good traffic operations on Lyndale Avenue to handle existing and future traffic volumes; and, • The layout approval should be conditioned on the access to and from I-35W to and from Lyndale Avenue will be provided by Mn/DOT unless it can be shown that a compelling technical reason prevents this access. • .The layout approval should also be conditioned on Mn/DOT and City staffs meeting with affected businesses to address local road access issues. Attachments (1 map and public comments) TFF:ttf ~ -"~ `c ~ °A . °c w ~ -cs °? N °~ .-, O ~ fl ~ ~ ~ O is a~ . ,~ y O • ~ O ~ ~ 3 ° ~ ° O ~ ~ U O x" r a0 tn. M C/1 .w.. ~ ~ ~ 'd' ° ~y" W ~ ~ ~ bA ~ ~ ~ ~ -~ ~ ~ ~ o w ~ ° ~ .~ ~ ~ o '~ .Y ° 3 ~ ~ ~ a~ o ~ ~. d b ics O ix".+ ~ ~ ~ "C3 ~ O ~ cwC ''C3 y '" O ~ ~. b a d0 ~ ~ ~' ~ q ' >, s.,, ~++ U 4r O . ' C) " " ~ ~ v~ N r-+ ~. ~ ~ ~ v~ ~ c~ v ~ p, ~ S it -i O O v p ^C . U U ~ c C ct3 • ~ ~ .-. ~ O O ~ ~ sy o°u ~ 3 ~ 3 ° ~ •~ °~' ~ i ~ ~ ~ ~ ° 3 . ~ ~, o a~ ~ ~ z ' ~ a~i 1S ; +~ ~ ~ 'fl .~ 'O '~ ~ U N . a~ } U U ~ -. ,~.+ ...~ rn bA S. . ~" ~ O O a~ a~ ~ O~~. s.. y 'C ~ v ~., O 40 ' ~ O ..i ^C .~ x~„ ~ ~ U ~ ~ ~ ~ ~ ° ~ U ~ ~ o '" ° ~ ~ 3 3x ~ ~ ~ ~~ ~~ ° ~ ~~ ~ °O~3 o ~, o ~ ° ° ~ w 3 O ~ ..O bA y ~ ~ ~ O ~ Y Q I~ ~ U ~ ~ ~ ~ . LJ U 'o ~ ~ 3 ~ ... a~ r~ "a ~ ~ ~ a a ~ o .~ M ~- ~ ~ o ~I ~ ~ M N " p ~ Q o ~ ~ ~ 'i p r ~ S ,y ~f' ~ , ~ M ~ ~ ~ ~ ~ ~ ~ ~ 'r ~ V ~ ~ M ~ ~ V r--~ ~ r ~ } ~ ~ a ~ ~a~ ~ Q a ~ ~ ~ ° ~ ~~ ~ w> ~ ~ ~ ~' ~ ~ C ~ ~ ~ ~ ~ a ~ o ~ ~ ~ o ° ~ >, ~, ~ ~ ~ ~ C , :~ ~, ~ ~ U L7 Z a~~a >ri~ a> w~ a~a. tio,P1. r.~x r a:a,x ~-~ ~, ~ o O .^ ~ ~ ~ U ~ y N 3 U U ,~ ~ ~ ~ ~ ~ N 3 ' ~ O O •~ Q' j ~ ~ " O ~ '''' :~ ,~+" 3 ~"+ O -O °' `~ o ~ ~ ~ ~' 0 ~ o o 3 3 ~ ~ ~s ~ ~ . ~ ~ ~ ~ . ~ o ~ ~ ~ i > ~' ~ . ~ o ~ ~ ~ ' ~ ~ a ~ ~ 3 ~ ~ ~~~ ~ .~ ~ ~ •~ ~ ~ o ~ O U . Y - r U ~ ~ ~ O ~y ~ ~+ ~ • rl i~ Y Y .yy ~.~ iii ~ ~ y Q ~ °. -~1 3 3 0 ° CC ~ ~ ~ W ~ ~ ~ ~" ~ ~ " ~ o ~ ~ ~ ^ ~ T ~ V N N O ' O , ~ p `'~ ~ ~ V O~ '~' U c3 ~ ~ U ~ ~ ~ ~ c ~ °3 ~ w ~ a ~ ~ O w ~ •~ ~ ~3 w O` O ~ "~ ~ ~ v ~ ~ Q. ~ c v, ~ °~ ¢, O o ;~ ~' G ~ ~ O 3 c~ .~ y Ate. a ~ ~ ~ s~ > ~ x Q ~ ~ , -- ao ~ , a~ c~ ~ o ~ o o o ~ ~ 3 ~ . -o ~ ~ ~ ~ ~ M ~ ~.. ~ ~ ~ ~ ~ ~ ~ y0 ~ Oq r~ b/} ~ ~ ~ it ~+ y„y ~ ,~ ~ (~ 'L~ ~ z c °~' ~ ~ p, 4, .~ o. ~ as _ _ ~ ~ ~. C $ cUi ~ ~ ~ O c~ ~ , ~ ~ i ~ ~' ~ o ~ ~ ~ ~ ` o ~ ~, o ~ _. ~? °, ~, , ~ cn s~. v 3 ~ o ~ o ~ ~ >' o ~ iD ~ o a~ bQ ~ °' ~ ~ O p '~ „~ •° o a~ ~ o ~ au U ~ ~-' .~ O ~ ~ ~ ~ ~'" ~ ~ 3 O ~ :3 ~ ~ ~ p rn s. x ~ +~~+ ~ O p ~ ~ ;x ~ o ~ ~ 0 c~ 3 a~ ~ y «s a~ ~ o O dq U ~ ~ ~ cd >~ O Ri +~ ~ ~ , O .~ b0 o ~ ~ m ~ ~ ~ E-i ~ .-, .o cC ~ F--~ a3 U t~. ~-.~ 0. , O :~ a> ~ ~ ~ ~ ~ a ~ ~ ~ a ~ ~ ~ o ~ ~ x ~ y ~ ~ ~ N '~"' +~'-+ O i ~ N r~r ~ ~ it k O ~ O 7 ~ ~ yy M ' M ~ ~ ~ ~ ~ r~ ~ ~ ~ ~1 r.f ~ Q Y ~ ~ U F-1 ~ ~ ~ ~ 00 7 00 ~ O U U + } t"i Q ~ ~ i.n F-~ ~ ~ ~ O N + a Q ~ \O ~ ~ ~ 00 00 ~ 00 ~ ~ ~+ ~ ~ y,,, 'Q ~ ' ~ ~„ Q w N ~ N ~ U tU. ~ b4 ~ N U C~ ~ '~ ~ ~ M i .i o y ~ x ~ ~' O~ `~ y a, N ~ ~ 3 ~ ~ ~ ~ ~ p ~ a ~ ~p ~ ~ ~ ~ ~ ri o ~ 3 ~ ~ ~ p ,~ ~ " ~p ~ rO~ ~ ~r~h~~ N ~ ~ ~ ~ ~ ~ -~~ ~ W 0 ~ ~ ~ O ~ O y~ U N ~~ ~`}',,, M , ~ ~ -Uy O ,, 0~ «i ^ _O ~d N ~ c~ ~ M ~ ~, ~ ~. V V ~+ h ~ ~ ~ Ri ~ ~ R~ Py .D ~ ~Uro ~ ~+ ~ 1 V ~ ~ O ~ ~O Ri ~O O O N rt N ~ ~ ~ O r7 ~ ~ ~ ~ n y ~ VI `~ ~ O O :9 ~y ~ O M f~. ~ ~ ~ ~ •~ ~ N U N q ~ ~ O O ~ ~ 0 ~ w o v ~, 3 ~, • y~ ~ ~ M N ~ ~ i t=~ ~ LS r ~ O v i V v, O '~ ~ ' ~, P ~ ~ 3 ~ ~ ~ - 3 ~ ry ~ ~ ~"~ O ~ ~ ~ ~ v ~ O O ~ V c~ ~ y ~ v .~ O ., ~ ~ "C ~ . ~ :~ y v~ ~i 0 3 ~ ~ •~ ~ 0 ~ w U ~ G~ ~ ~ ~ o :~ N .~ a ~ ~ ~ ~ ~ .~ ~ ~ ~ ^ CQ ~ ~ '+•+ ~ ~ 7'"i ~ ~ ~' 0 ~ r `v i-1 ~0 0 3 ~ v ,~; ~, ~+, o w ;~ 4" o ~" nu ~ ~ ~ Y ~ a~ ~ o •ti .r ~ MM W ~ ~ bA ~ ~ ~ a~ a ~ ~; ~ '~ ~ ~ ~ a ~ ~ ~ ~ a ~ , o ~ ~ ~ ~ r~ ~ j N V ~ O ~ Q ~ ~ v ~ o z ~ ~ ~ ~ 3 3 ~ °~ ~ O ~ ~, ~ ~ N ~ ~l L: ~o ~~ AGENDA SECTION: RESOLDTIONS AGENDA ITEM # $ REPORT # 207 J STAFF REPORT CITY COUNCIL MEETING OCTOBER 10, 2006 REPORT PREPARED BY: PAT SMITH, COMMUNITY DEVELOPMENT MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a Subdivision Agreement with Ryan Companies US, Inc. for the construction of 63rd Street and athwa to Taft Park. L RECOMMENDED ACTION: By Motion: Adopt the attached Resolution approving the Subdivi ion Agreement with Ryan Companies US, Inc. for the construction of 63rd Street and aathwav to Taft Park. II. BACKGROUND The south parking lot of Taft Park currently is accessed via 18th Avenue. The construction of Cedar Point Commons requires the vacation of 18th Avenue. In order to maintain access to the Taft Park parking lot, Ryan will construct a 63rd Street extension to 17th Avenue. Thus, access to the south parking lot would shift from 18th Avenue to 17th Avenue. The proposed Subdivision Agreement between the City and Ryan Companies US, Inc. (Ryan) outlines the conditions and requirements of Ryan constructing the pathway to Taft Park and the 63rd Street extension, which will be a public street. 101006 Ryan Subdivision Agreement III. BASIS OF RECOMMENDATION • In July 2005 the Housing and Redevelopment Authority (HRA} approved a Contract for Private Development with Ryan to build a SuperTarget and Home Depot store at the northwest corner of TH 77 and 66th Street. • On June 13, 2006 the City Council approved the Planned Unit Development for Cedar Point Commons. The approved site plan eliminated 18th Avenue and includes an extension of 63rd Street for access to the southern parking lot of Taft Park. • On July 11, 2006 the City Council approved the Final Plat of Cedar Point Commons. • All public streets that are constructed by developers require a Subdivision Agreement to ensure they will be constructed to City __ _ standards- B. CRITICAL ISSUES • As a condition of the approvals for the project, Ryan is required to construct certain street and trail improvements on the Taft Park property in order to provide adequate traffic circulation for the project and to retain and improve access to Taft Park. • At the time of this staff report, Ryan and staff are still discussing the commencement and completion dates. These dates will be presented to the City Council at the October 10t" meeting • Before final payment is made to the contractor by Ryan for the construction of the improvements, the City Engineer shall be satisfied: that all work is satisfactorily completed in accordance with the approved plans. C. FINANCIAL • Cost for all work covered under the Agreement shall be borne by Ryan. D. LEGAL • The City's legal counsel drafted the attached Resolution and Amendment. ALTERNATIVE RECOMMENDATION(S) • Approve the proposed Agreement with added provisions or modifications. • Do not approve the proposed Agreement. ~ V. ATTACHMENTS ~ • rces~iuu~n • Subdivision Agreement ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ g-I RESOLUTION NO. RESOLUTION APPROVING SUBDIVISION AGREEMENT WITH RYAN COMPANIES US, INC. WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (the "Authority") is undertaking a redevelopment project called Cedar Point Commons, hereinafter called the "Project"; and WHEREAS, the Project is included within The Richfield Redevelopmenf Project Area, duly established by Resolution No. 8030, adopted on June 14, 1993 (the "Project Area"); and WHEREAS, on June 13, 2006 the City Council approved the Planned Unit Development for Cedar Point Commons... The approved site plan eliminated 18th Avenue and includes an extension of 63rd Street for access to the southern parking lot of Taft Park; and WHEREAS, on July 11, 2006 the City Council approved the Final Plat of Cedar Point Commons; and WHEREAS, as a condition of the approvals for the Project, Ryan is required to construct certain street and trail improvements on the Park Property in order to provide adequate traffic circulation for the project and to retain and improve access to the Park Property; and WHEREAS, the City and Ryan desire to agree to the design, construction and timing of construction of the public improvements; and WHEREAS, the City has reviewed the terms of a Proposed Agreement (the "Subdivision Agreement") with Ryan, and has received the recommendation of City staff regarding the terms of the Subdivision Agreement. NOW, THEREFORE, BE IT RESOLVED by the City of Richfield, Minnesota as follows: 1. The Subdivision Agreement is approved in substantially the form presented. 2. The Mayor and City Manager are authorized to execute the Subdivision Agreement on behalf of the Council and to take all actions and do all things that are reasonable necessary to the fulfillment of the City's obligations under the Subdivision Agreement. Approved by the City Council of the City of Richfield this 10th day of October 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 101006 Ryan Subdivision Agreement a-~ SUBDIVISION AGREEMENT THIS AGREEMENT is made this day of , 2006, by and between the CITY OF RICHFIELD, a Minnesota municipal corporation (City), and RYAN COMPANIES US, INC., a Minnesota corporation (Developer). Recitals A. Developer has received subdivision and land use approvals for a commercial retail project known as Cedar Point Commons. B. The City is the fee owner of certain property located adjacent to the Cedar Point Commons project, which is legally described on the attached Exhibit A (the "Park Property"). C. As a condition of the approvals for the project, the Developer is required to construct certain street and trail improvements on the Park Property in order to provide adequate traffic circulation for the project and to retain and improve access to the Park Property. D. In consideration of City approval of the preliminary and final plat for Cedar Point Commons, Developer agrees to perform all of the acts required and to conform to all of the conditions set forth as follows: ARTICLE ONE CONSTRUCTION OF IMPROVEMENTS 1.01. Agreement to Construct Improvements. Developer agrees to construct the public street and trail improvements (Improvements) in the approximate locations as shown on the attached Exhibit B. Developer agrees to construct the Improvements in substantial compliance with plans and specifications as approved by the City Engineer (the "Approved Plans"). All labor and work will be done and performed in the best and most workerlike manner and in substantial conformance with the Approved Plans. Any material deviation from the Approved Plans must be approved in writing by the City Engineer. 1.02. Staking` Surveying and Inspections. Developer, through its engineer, must provide all staking, surveying and inspection for the Improvements in order to ensure that the completed 299272~L CAH RC145-549 83 Improvements conform to the Approved Plans. The City will provide for general inspection. Developer must notify the City Engineer of all tests to be performed. 1.03. Time for Developer's Performance. The Developer agrees that it will commence work on the Improvements on or before November 1, 2006 and will have all work done and the Improvements completed to the satisfaction and approval. of the City's city council on or before June 1, 2007. The dates for completion will be extended for a reasonable period of time, as determined by the City Engineer, upon the City Engineer's receipt of written notice from the Developer of a force majeure event that will delay the completion of the work. The City Engineer will exercise reasonable judgment and discretion in determining the period of time for the extended completion dates. 1.04. Access Durin Construction. At all times during construction, the Developer must allow public access to the south parking lot in Taft Park. The access may be provided from the north via Cedar Avenue. 1.05. Maintenance of Improvements. Developer shall be responsible for all maintenance, upkeep and repair (including snow plowing and grading) of the Improvements until said street is substantially completed and accepted by the City. Developer hereby agrees to indemnify and hold the City harmless from any and all claims for damages of any nature whatsoever arising out of Developer's acts or omissions in performing the obligations imposed upon Developer by this paragraph. 1.06. Additional Work or Materials. All work covered by this Contract shall be done at no expense to the City. The Developer shall not do any work or furnish any materials not covered by the Approved Plans and this Contract, for which reimbursement is expected from the City, unless such work is first ordered and reimbursement is approved by the City Engineer (if the amount to be reimbursed is less than $10,000 in the aggregate for all such reimbursements approved under this Contract) or the City Council (if the amount to be reimbursed is greater than $10,000 in the aggregate for all such reimbursements approved under this Contract). Any such work or materials that may be done or fiunished by the Developer or its contractor without prior written approval are furnished at the Developer's or contractor's own risk, cost and expense; the Developer agrees that it will make no claim for compensation for work or materials so done or furnished. 1.07. Final Inspection/Acceptance. Upon completion of all work required by the City Engineer or designated representative, the City Engineer and representatives of the Developer's contractor andlor engineer will make a final inspection of the work. The City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the Approved Plans, and the Developer's engineer shall submit a written statement attesting to the same. The final approval and acceptance of the Improvements shall take the form of a resolution duly passed by the city council of the City, on the advice of the City Engineer. 1.08. As-built Plans. Upon completion of the work, the Developer shall provide the City with a full set of as-built plans for City records. 1.09. Maintenance Bond. Upon completion. of the work, the Developer and/or its contractor shall be required to furnish the City cone-year maintenance bond guaranteeing said work to the City. 299272v2 CAFi RC 145-549 ~~ 1.10. Right of Entry. The City, Developer and the Housing and Redevelopment Authority in and for the City of Richfield have entered into a separate Right of Entry Agreement dated , 2006, under which the City has granted the Developer the right to enter the Park Property for purposes of constructing the Improvements. That Right of Entry provides for termination as of November 30, 2006. It is the intent of the parties that the Right of Entry be amended by this agreement to provide for termination of the Right of Entry as to the Park Property only upon the earlier of (i) the date that the City accepts the street and trail improvements to be constructed by Ryan on the Park Property,. or (ii) the date on which the Contract is terminated. ARTICLE TWO OTHER REQUIREMENTS 2.01. Indemnification. Except as provided otherwise in that certain Right of Entry among the City, Developer and the Housing and Redevelopment Authority in and for the City of Richfield dated , 2006, the City, its officials, agents and employees shall not be personally liable or responsible in any manner to the Developer, the Developer's contractor or subcontractor, material suppliers, laborers or to any other person or persons for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Contract or the performance and completion of the work required by this Contract to be performed by the Developer. The Developer will save the City, its officials, agents and employees harmless from all such claims, demands, damages, or causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys' fees, consulting engineering services, and other technical or professional assistance, including the work of City staff and employees. City must give reasonably prompt notice to Developer of any claim and must tender to Developer the right to defend the same. 2.02. Insurance. The Developer shall fiarnish proof of insurance acceptable to the City, covering any public liability or property damage by reason of the operation of the Developer's equipment, laborers, and hazard caused by Developer's construction of the Improvements. The Developer must keep the insurance in force at all times that construction on the Improvements is in progress. The insurance must name the City as an additional insured and must provide that the insurer will give the City not less than 30 days' written notice prior to cancellation or termination of the insurance policy. ARTICLE THREE DEFAULT AND REMEDIES 3.01. Default by Developer. In the event of default by either party as to the terms of this Contract, the non-defaulting party shall have all rights and remedies available under law or equity to enforce the provisions of this Contract. 3.02. Rights Cumulative. No remedy conferred in this Contract is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more remedies shall not constitute a waiver of any other remedy. 3.03. Attorneys' Fees.. The non-prevailing party will pay the prevailing party's costs and expenses, including attorneys' fees, in the event a suit or action is brought to enforce the terms of this Contract. 299272v2 CAH RC145-549 ~~ ARTICLE FOUR MISCELLANEOUS PROVISIONS 4.01. Amendment. Any amendment to this Contract must be in writing and signed by both parties. 4.02. Assig_ ent. The Developer may not transfer or assign any of its obligations under this Contract without the prior written consent of the City, which shall not be unreasonably withheld. 4.03. Severability. The provisions of this Contract are severable, and in the event that any provision of this Contract is found invalid, the remaining provisions shall remain in full force and effect. 4.04. Force Majeure. Developer shall not be held responsible for delays in the performance of its obligations hereunder when cased by strikes, lockouts, labor disputes, acts of God, inability to obtain labor or ,materials or reasonable substitutes therefor, governmental restrictions, regulations, controls or the delay by City or any other governmental authority to issue permits or licenses or any enemy or hostile governmental action, civil commotion, fire or other casualty or other causes beyond the reasonable control of Developer ("Force Majeure"). 4.04. Notices. All notices, certificates or other communications required to be given to City and Developer hereunder shall be sufficiently given and shall be deemed given when delivered or when deposited in the United States mail, first class, with postage fully prepaid and addressed as follows: To City: City of Richfield Attn: Kristin Asher, City Engineer 6700 Portland Avenue South Richfield, MN 55423 To Developer: Ryan Companies US, Inc. Attn: 50 South Tenth Street, Suite 300 Minneapolis, MN 55403 The City and the Developer, by notice given hereunder, may designate different addresses to which subsequent notice, certificate or other communications should be sent. 4.05. No Third Party Beneficiary. This Contract and any financial guarantees required pursuant to its terms are not intended for the benefit of any third party. 4.06. Applicable Law. This. Contract shall be governed by and construed in accordance with the laws of the State of Minnesota. 299272v2 CAH RC145-549 ~' IN WITNESS OF THE ABOVE, the parties have caused this Contract to be executed on the date and year written above. CITY OF RICHFIELD By Its Mayor By Its City Manager DEVELOPER RYAN COMPANIES US, INC. By Its 299272v2 CAH RC145-549 ~~ ~ ACKNOWLEDGEMENT FOR CITY STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2006, by Martin J. Kirsch and Steven L. Devich, the mayor and city manager, respectively, of the City of Richfield, a Minnesota municipal corporation, on behalf of the corporation.. . Notary Public ACKNOWLEDGEMENT FOR DEVELOPER STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2006, by ,the of Ryan Companies US, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public 299272v2 CAH RC145-544 ~-8 EXHIBIT A (Legal Description of Park Property) Lot 6, except the North 24 feet and the South 17 feet thereof, and Lot 7, except the -North 24 feet thereof, Block 3, Iverson's Third Addition;. the North 24 feet of Lots 6 and 7, Block 3, Iverson's Third Addition, together with all that part of vacated 63rd Street as dedicated in the plat of Iverson's Third Addition which accrues to said Lots, EXCEPT That part of the North 24 feet of Lot 7, Block 3, Iverson's Third Addition and that part of vacated 63rd Street adjoining said Lot 7, lying West of a line parallel with and 118 feet East of the Southerly extension of the West line of Tract B, Registered Land Survey No. 930; That part of the North 24 feet of Lot 7, Block 3, Iverson's Third Addition and that part of vacated 63rd Street adjoining said Lot 7, lying West of a line parallel with and 118 feet East of the Southerly extension. of the West line of Tract B, Registered Land Survey No. 930; Lots 1, 2, 15 and 16, Block 6, Iverson's Second Addition, together with all. that part of vacated 63rd Street as dedicated in the plat of Iverson's Second Addition which accrues to said lots; Lot 8, Block 1, Iverson's Third Addition 299272v2 CAH RC 145-549 1 A-1 C ' ~S n ' ~_ ' V n Q n O ~ , d 0 w 0 H~~ J '_ F~ I~ O I~ fin.'' \ L O CD a ;~~d% ~ I { I~ ,.. RDEN CENTER 28,021 SF . 839.5 FF.~'E _ ,~ ~~ e I I e .~ I `I ~ ,.~"~ ~ I `W' u~ ' e 4 ~4 ~~ a fi ,,~~ I ~~ I f i j` ,o~l I ~.i..-~~ e : I ._ e .,,,~ I' I e _._i. I i ,~e I ~~ ~~ I 1 I e I } e j ~~' e - ~; I -'--'-'--~ -, ~--- I I I ~ li I '~ 1 ' e s ~'I ICI ,I I I it ~~ _~-- -- --- 1 I - 1 ,I r----~ ;~_ -~ ~'i ` i i i i i i ,i i i 'i j i __ ,__ __ -------- ,._ . 1 ~ ;CEDAR . ___ ~~ _. ~ ~ AGENDA SECTION: OTHER BIISINESS AGENDA ITEM # 9 REPORT # 208 ~- STAFF REPORT CITY COUNCIL MEETING OCTOBER 10, 2006 REPORT PREPARED BY: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: _,a j REVIEWED BY CITY MANAGER: - ITEM FOR COUNCIL CONSIDERATION: Consideration ofi a Professional Services Agreement with Hoisington Koegler Group, Inc. and SRF Consultin Grou for the re aration of the 2008 com rehensive Ian u date. I. RECOMMENDED ACTION: By Motion: Approve the attached Professional Services Agre m nts with Hoisington Koegler Group, Inc. and SRF Consulting Group for the preparation of the 2008 comprehensive plan update. IL BACKGROUND The Metropolitan Land Planning Act requires every municipality and county within the seven-county Metropolitan area to prepare and to submit a comprehensive. plan to the Metropolitan Council. This plan is required to be updated at least once every 10 years. Very generally, each plan must include the following: • Background section including the community's vision and expectations; • Land use section explaining how the community will allocate land use, accommodate population growth, and protect special resources; • Public facilities plan relating to transportation, water resources and parks; and • Implementation section illustrating how local controls will ensure the continued viability of plans outlined in other sections. 101006 - PSA HKG &SRF comp plan update While the Counci{ has an important role to play in the development and approval of the comprehensive plan, State Statutes and Local Ordinances describe guiding the development of the plan as a primary responsibility of the Planning Commission. To aid in this process and foster lively discussion throughout the community, staff recommends that the City enlist the assistance of Hoisington Koegler Group, Inc. (Hoisington) and SRF Consulting Group (SRF). This is a joint recommendation from Public Works, Recreation Services and Community Development. Consultant Selection Process: Amending the comprehensive. plan is a large undertaking that will require significant time and resources beyond what staff can provide. To aid in this task, staff solicited proposals from nine Metropolitan area consulting firms. Three proposals were received and subsequent interviews held with HKGi, SRF, and McCombs Frank Roos Associates (MFRA). Following a review of all three proposals and interviews with HKGi and MFRA, it was determined that the best comprehensive plan for Richfield would be the result of a collaboration between multiple consultants and staff. (SRF withdrew their comprehensive plan update proposal because the lead person resigned from the company.) This collaborative approach will allow the City to take advantage of work that has already begun and the particular strengths of the two consulting firms. SRF Consulting Group is currently under contract with the Public Works Department to complete a design study for the City's major roadways. To take advantage of the work currently underway, staff proposes to expand the original SRF scope of work to include analysis of additional transportation issues needed for the comprehensive plan update. Hoisington Koegler Group has demonstrated excellence in the preparation of master development plans, park master plans and comprehensive plans. Their creativity and innovation, shown both in preparation of plan documents and in communication plans for citizen and policy-maker involvement, demonstrates their ability to adapt strategies to what works best for a particular community. HKGi has an extensive history of working with fully developed suburbs and working collaboratively with other consulting firms. Richfield has benefited from their master planning work in the past. HKGi staff offers expertise in planning, landscape architecture, and a LEED (Leadership in Energy and Environmental Design) certified planner to aid in planning for sustainable development. They also have considerable expertise in the area of communication. Staff confirmed the excellent work of HKGi with various past inner-ring suburban clients: Bob Hawbaker, City of Bloomington Planning Manager - HKGi was hired to update a number of ordinances to deal with the issue of infill development. Mr. Hawbaker stated that their work was very professional, completed on time and within budget. He highly recommends working with them. Bob Streetar, City of Columbia Heights Community Development Director - Mr. Streetar has worked with HKGi at both Columbia Heights and previously at the City _ of Minnetonka. Mr. Streetar highly recommends working with HKGi for their excellent skills in dea{ing with the public. Steve Rymer, Former City of New Brighton Parks and Recreation Director - HKGi was contracted by the City of New Brighton to develop their Parks, Recreation and Trails Strategic Plan. Mr. Rymer indicated that he was very pleased with the end result and highly recommends HKGi for all aspects of parks and recreation planning. According to Mr. Rymer, HKGi is particularly strong in relating to residents, listening, and are very personable. Mr. Rymer also commented on the high degree of creativity employed by HKGi to formulate excellent ideas and plans. Mark Koegler will provide a brief overview of the proposed process. (The attached copy of PowerPoint slides provides background.) Mr. Koegler will focus his remarks on opportunities for community participation. Staff is working to identify community groups, which would be invited to have a representative on the Comprehensive Plan Advisory Committee. Suggestions from City Council are welcome. The comprehensive plan. update "kick-off' meeting will be held Thursday, November 16 from 5:30-8:00 p.m. Participants in that meeting will be City Council, HRA and Planning Commission members and representatives from community organizations. At the meeting we will begin to identify community issues and opportunities. The comprehensive plan update process will also be discussed. Food and beverages will be provided. III. BASIS OF RECOMMENDATION A. POLICY • Richfield City Code Section 305.05 Subd. 5(c), states that the Planning Commission is to work with the public and quasi-public and private planning groups to coordinate the total planning efforts of the City and other governmental units. • Minnesota Statute § 462.355 gives the Planning Commission authority to direct amendments to the comprehensive plan. The City Council cannot act upon a proposed plan or an amendment to it until it has received the recommendation of the Planning Commission. B. CRITICAL ISSUES • Local plans are due to the Metropolitan Council by December 2008. • In order to ensure adequate time to gather public input and prepare a plan that addresses both vision and practical application, it is important to begin this process soon. • The collaboration of multiple consulting firms takes advantage of work that is already underway or complete, and allows consultants to focus on areas that have not been yet been addressed. • Under the. proposed arrangement, HKGi will serve as the lead consultant and be included in transportation discussions to ensure that policies and implementation measures do not conflict throughout the plan. • The Planning Commission recommended approval of the proposed consultants. C. FINANCIAL • Cost components (revenue sources): • Background, Land Use, and Implementation Plans, formulation and coordination of communication efforts and production of final document (HKGi) - $88,000 (zoning and comprehensive plan update fund) • Transportation Plan (SRF) - $37,518 (plus $20,000 of Public Works General Revenue Fund already allocated for major roadway design study), (zoning and comprehensive plan update fund). • -Park & Open Space Master Plan (HKGi) - $30,000 (Funded and approved in 2005 Capital Improvement Budget). • Total not to exceed $155,518 (excludes the $20,000 already under contract with SRF). Staff will play a significant role in the preparation and coordination of some of the components of the plan to help manage costs. D. LEGAL • This process is being undertaken to conform with State Statutes. IV. ALTERNATIVE RECOMMENDATION(S~ • Continue this discussion. • Approve the attached agreements with modifications. • Deny approval of the attached agreements to hire Hoisington Koegler and SRF Consulting Groups to aid in the preparation of the City's 2008 comprehensive -plan update. V. ATTACHMENTS • Professional Services Agreement with Hoisington Koegler Group, Inc. • Professional Services Agreement with SRF Consulting Group. • PowerPoint presentation from September 26, 2006. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mark Koegler, Hoisington Koegler Group, Inc. • Dave Montebello, SRF Consulting Group PROFESSIONAL SERVICE AGREEMENT Hoisington Koegler Group, Inc. THIS AGREEMENT made and entered into by and between the City of Richfield, State of Minnesota, hereinafter referred to as-the "City", and Hoisington Koegler Group, Inc., hereinafter referred to as "HKGi". WITNESSETH: WHEREAS, the City wishes to purchase the services of -HKGi; and WHEREAS, there are funds available for the purchase of these services. NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the City and HKGi agree as follows: 1. TERMS AND COST OF THE AGREEMENT HKGi agrees to furnish services to the City as indicated on the attached schedule. The total cost of this Agreement shall not exceed $118,000 unless amended by the City. All reports, memos, and other data produced by HKGi become the property of the City. 2. PAYMENT FOR SERVICES Invoices may be submitted monthly. Payment for services shall be made directly to` HKGi by check. Invoices shall be of sufficient detail for the City to determine the activity and personnel for which payment is being made. Payment shall be made within 30 days of receipt of an invoice by the City. 3. INDEPENDENT CONTRACTOR HKGi shall select the means, method, and manner of performing the services herein in consultation with the City. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between HKGi and the City or as constituting HKGi as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. HKGi is to be and shall remain an independent contractor with respect to all services performed under this Agreement. HKGi represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of HKGi or other persons while engaged in the performance of any work or services required by this Agreement shall have no contractual relationship with the City, and shall not be considered employees of the (~ City. Any and all claims that may or might arise under the Unemployment .Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against HKGi, its officers, agents, contractors, or employees shall in no way be the responsibility of the City. HKGi shall defend, indemnify, and hold the City, its officers, agents, and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay, and PERA. 4. NONDISCRIMINATION The City operates in accordance with the City of Richfield's policies against discrimination. No person shall be excluded from or denied the benefits of any service performance or contemplated under the terms of this Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable Federal or State .laws against discrimination shall be otherwise subjected to discrimination. HKGi shall (1) furnish all information and reports which may be required by the City's Affirmative Action Policy, and (2) it shall comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting (See. Exhibit A). 5. .INDEMNITY AND INSURANCE HKGi agrees to defend, indemnify, and hold the City, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including reasonable attorney, fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of HKGi, its agents, employees, or assignees in performance of the services provided by this contract, and against all loss by reason of the failure of HKGi to fully performance in any respect, all obligations under this contract. 6. RECORDS -AVAILABILITY HKGi agrees that the City, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the righf to examine, audit, excerpt, and transcribe any books, ~i- 3 documents, papers, records, etc., which are pertinent to the accounting _ practices and procedures of HKGi and involve transactions relating to this Agreement. Records shall be retained for three years from date of final payment with respect to the project. 7. DATA PRACTICES COMPLIANCE This contract is governed by Minnesota Statutes, § 13.05, subds. 6 and 11, the provisions of which are incorporated by reference into this contract. The City agrees to give HKGi access to data collected or maintained by the City as necessary to perform HKGi's obligations under this contract. HKGi agrees to maintain all data obtained from the City , consistent with the requirements of the Minnesota Government Data Practices Act, Minn. Stat. §§ 13.02 et seq. (the "Act"). HKGi will not release or disclose the contents of data classified as not public to any person except at the written direction of the City. HKGi agrees to defend and indemnify the City from any claim, liability, damage or loss asserted against City as a result of HKGi's failure to comply with the requirements of this paragraph; provided that HKGi shall have no duty to defend or indemnify where HKGi has acted in conformance with the City's written directions. Upon termination of this contract, HKGi agrees to return data to the City, as requested by the City. 8. NON-ASSIGNMENT HKGi shall not assign, subcontract, transfer, or pledge this contract and/or the services to be performed hereunder, whether in whole or in part, without the prior written consent of the City. 9. MERGER AND MODIFICATION a. It is understood and agreed that the entire Agreement between the parties is contained herein and that Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and .are deemed to be part of this Agreement. b. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 10. DEFAULT AND CANCELLATION g~~ a. If HKGi fails to perform any. of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Unless the default is excused, the City, may upon written notice, immediately cancel the Agreement in its entirety. b. The City's failure to insist upon strict performance of any provision. or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. c. This Agreement may be canceled without cause by either party upon twenty (20) days written notice. 11. CONTRACT ADMINISTRATION In order to coordinate the services of HKGi with the activities of the City so as to accomplish the purposes of this contract, Melissa Poehlman, Planning and Zoning Administrator, shall manage this contract on behalf of the City. In addition, from time to time, meetings shall be held between HKGi and City staff. HKGi may also report directly to the City Council of the City. 12. .NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement shall be in writing. Notices shall be sent as follows: Community Develompent Department Melissa Poehlman, Planning & Zoning Administrator City Hall 6700 Portland Avenue South Richfield, MN 55423 Hoisington Koegler Group, Inc. Mark Koegler, President 123 North Third Street, Suite 100 Minneapolis, MN 55401 HKGi having signed this contract, and the City having -duly approved this contract on October 10, 2006, and pursuant to such approval and the proper City officials -5 having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. CITY OF RICHFIELD, MINNESOTA By: Martin L. Kirsch Its: Mayor ey: Steven L. Devich Its: City Manager Hoisington Koegler Group, Inc. By: ~ Mark Koegler Its: President Q- (o EXHIBIT A AFFIRMATIVE ACTION REQUIREMENTS On January 1, 1988, the Richfield City Council approved an affirmative action program which requires the City "to provide equality of opportunity in employment to all person and to prohibit discrimination because of race, color, religion, national origin, place of residents, political affiliation, disability, marital status, status with regard to public assistance, sex, or age in all aspects of the City's personnel policies, programs, and practices". The program further requires that the City support the various relationships with contractors, subcontracts and vendors. Therefore, requirements have been adopted for contracts as follows:. a. The contractor shall submit a signed statement (Exhibit B) signifying that they are in compliance with the standards of equal employment and anti- discrimination as cited in the Civil Rights Act of 1964 as amended in 1972 by the Equal Employment Opportunity Act. b. In accordance with the City of Richfield's Affirmative Action policy, no person shall, on the ground of race, creed, color, sex, age, disability, or national. origin be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service, or activity for which the parties received, or will receive financial assistance under the provisions of any and all applicable federal and state laws against discrimination. The contractor will furnish all information and reports if required by the City of Richfield or by Executive Order No. 11246 and Revised Order No. 4, and by the rules and regulations and orders of the Secretary of Labor or the State of Minnesota for purposes of investigation to ascertain compliance with such rules, regulations, and orders. c. 1971 Minnesota Statutes 181.59 is made a part of this contract. See Exhibit C. ~' EXHIBIT B STATEMENT OF COMPLIANCE The undersigned, in his/her capacity as agent for HKGi, hereby states that his/her principal is in compliance with the standards of equal employment and anti-discrimination as cited in the Civil Rights Act of 1964 as amended in 1972 by the Equal Employment Opportunity Act. Dated: By: Its: q-g EXHIBIT C 181.59 DISCRIMINATION ON ACCOUNT OF RACE, CREED, OR COLOR PROHIBITED IN CONTRACT. Every contract for or on behalf of the State of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. History: 1941 c 238; 1973 c 123 art 5 s 7; 1984 c 609 s 11 ~ ~ ® ~ h ~ ~ h V f T~ ~ /f 7~ /f t 'T' f V T` n O O ~ '.- C1 tTi .A W , ~ ~ ~ ~ ~ (~ p O ~ D ~ _. U R ~ ~ ~ ~ ` 'B C N. ~ T fD fD ,_. O fD O fD N ~ ~ ~ a ~ ~~ ~ c ~~ ~ ~ ~ -~ a ~ ~ ~ r ~~ ~ ~ ~ y a~ ~ 3 ^°. ~ cra -a ~ ~.` ~ ~' ~ ~ ~ ~ C ~ ~ ~ ~ c ~ ~ ~ -~ 0 N • t: AA"`~ • • x 0 ~~ ~ ~ 0 x o ,„_. ._. e .~ 0 A ©© ~© ~ ~ C a ~ T' T~ N --~ r-r: v o ~- ~ ~ n [ D ~ ro~ n ~ ~ '~ ~ ~ '". ~ ~'D ..... ..... C r. V ^^ 1...4 • -~ n ~~~~ PROFESSIONAL SERVICE AGREEMENT SRF Consulting Group, Inc. THIS AGREEMENT made and entered into by and between the City of Richfield, State of Minnesota, hereinafter referred to as the "City", and SRF Consulting Group, Inc., hereinafter referred to as "SRF". WITNESSETH: WHEREAS, the City wishes to purchase the services of SRF; and WHEREAS, there are funds available for the purchase of these services. NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the City and SRF agree as follows: 1. TERMS AND COST OF THE AGREEMENT SRF agrees to furnish services to the City as indicated on the attached proposal. The total cost of this Agreement shall not exceed $37,518 unless amended by the City. All reports, memos, and other data produced by SRF become the property of the City. 2. PAYMENT FOR SERVICES Invoices may be submitted monthly: Payment for services shall be made directly to SRF by check. Invoices shall be of sufficient detail for the City to determine the activity and personnel for which payment is being made. Payment shall be made within 30 days of receipt of an invoice by the City. 3. INDEPENDENT CONTRACTOR SRF shall select the means, method, and manner of performing the services herein in consultation with the City. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between SRF and the City or as constituting SRF as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. SRF is to be and shall remain an independent contractor with respect to all services performed under this Agreement. SRF represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of SRF or other persons while engaged in the performance of any work or services required by this Agreement shall have no contractual relationship with the City, and shall not be considered employees of the ~- ~ 1 City. Any and all claims that may or might arise under the Unemployment _ ,Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against SRF, its officers, agents, contractors, or employees shall in no way be the responsibility of the City. SRF shall defend, indemnify, and hold the City, its officers, agents, and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay, and PERA. 4. NONDISCRIMINATION The City operates in accordance with the City of Richfield's policies against discrimination. No person shall be .excluded from or denied the benefits of any service performance or contemplated under the terms of this Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. SRF shall (1) furnish all information and reports which may be required by the City's Affirmative Action Policy, and (2) it shall comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting (See Exhibit A). 5. INDEMNITY AND INSURANCE SRF agrees to defend, indemnify, and hold the City, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including reasonable attorney, fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of SRF, its agents, employees, or assignees in performance of the services provided by this contract, and against all loss by reason of the failure of SRF to fully performance in any respect, all obligations under this contract. 6. RECORDS -AVAILABILITY SRF agrees that the City, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, ~}°- ! a- records, etc., which are pertinent to the accounting practices and procedures of SRF and involve transactions relating to this Agreement. Records shall be retained for three years from date of final payment with respect to the project. 7. DATA PRACTICES COMPLIANCE This contract is governed by Minnesota Statutes, §.13.05, subds. 6 and 11, the provisions of which are incorporated by reference into this contract. The City agrees to give SRF access to data collected or maintained by the City as necessary to perform SRF's obligations under this contract. SRF agrees to maintain all data obtained from the City consistent with the requirements of the Minnesota Government Data Practices Act, Minn. Stat. §§ 13.02 et sea. (the "Act"). SRF will not release or disclose the contents of data classified as not public. to any person except at the written direction of the City. SRF agrees to defend and indemnify the City from any claim, liability, damage or loss asserted against City as a result of SRF's failure to comply with the requirements of this paragraph; provided that SRF shall have no duty to defend or indemnify where SRF has acted in conformance with the City's written directions.. Upon termination of this contract, SRF agrees to return data to the City, as requested by the City. 8. NON-ASSIGNMENT SRF shall not assign, subcontract, transfer, or pledge this contract and/or the services to be performed hereunder, whether in whole or in part, without the prior written consent of the City. 9. MERGER AND MODIFICATION a. It is understood and agreed that the entire Agreement between the parties is contained herein and that Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 10. DEFAULT AND CANCELLATION ~~ 1 a. If SRF fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Unless the default is excused, the City, may upon written notice, immediately cancel the Agreement in its entirety. b. The City's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. c. This Agreement may be canceled without cause by either party upon twenty (20) days written notice. 11. CONTRACT ADMINISTRATION In order to coordinate the services of SRF with the activities of the City so as to accomplish the purposes of this contract, Melissa Poehlman, Planning and Zoning Administrator,. shall manage this contract on behalf of the City. In addition, from time. to time, meetings shall be held between SRF and City staff. SRF may also report directly to the City Council of the City. 12. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement shall be in writing. Notices shall be sent as follows: Community Develompent Department Melissa Poehlman, Planning & Zoning Administrator City Hall 6700 Portland Avenue South Richfield, MN 55423 SRF Consulting Group David Juliff, Principal One Carlson Parkway North, Suite 150 Minneapolis, MN 55447 SRF having signed .this contract, and the City having duly approved this contract on October 10, 2006, and pursuant to such approval and the proper City officials q-i~F having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. CITY OF RICHFIELD, MINNESOTA By: .Martin L. Kirsch Its: Mayor By: Steven L. Devich Its: City Manager SRF Consulting Group, Inc. By: Its: ~.-r 5~' EXHIBIT A AFFIRMATIVE ACTION REQUIREMENTS On January 1, 1988, the Richfield City Council approved an affirmative action program which requires the City "to provide equality of opportunity in employment to all person and to prohibit discrimination because of race, color, religion, national origin, place of residents, political affiliation, disability, marital status, status with regard to public assistance, sex, or age in all aspects of the City's personnel policies, programs, and practices". The program further requires that the City support the various relationships with contractors, subcontracts and vendors. Therefore, requirements have been adopted for contracts as follows: a. The contractor shall submit a signed statement (Exhibit B) signifying that they are in compliance with the standards of equal employment and anti- discrimination as cited in the Civil Rights Act of 1964 as amended in 1972 by the Equal Employment Opportunity Act. b. In accordance with the City of Richfield's Affirmative Action policy, no person shall, on the ground of race, creed, color, sex, age, disability, or national origin be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service, or activity for which the parties received, or will receive financial assistance under the provisions of any and all applicable federal and state laws against discrimination. The contractor will furnish all information and reports if required by the City of Richfield or by Executive Order No. 11246 and Revised Order No. 4, and by the rules and regulations and orders of the Secretary of Labor or the State of Minnesota for purposes of investigation to ascertain compliance with such rules, regulations, and orders. c. 1971 Minnesota- Statutes 181.59 is made a part of this contract. See Exhibit C. -I(o EXHIBIT B STATEMENT OF COMPLIANCE The undersigned, in hislher capacity as agent for SRF, hereby states that his/her principal is in compliance with the standards of equal employment and anti- discrimination as cited in the Civil Rights Act of 1964 as amended in 1972 by the Equal Employment Opportunity Act. Dated: By: Its: q ~~ EXHIBIT C 181.59 DISCRIMINATION ON ACCOUNT OF RACE, CREED, OR COLOR PROHIBITED IN CONTRACT. Every contract for or on behalf of the State of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the contractor agrees: (1) That, in the hiring of .common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. History: 1941 c 238; 1973 c 123 art 5 s 7; 1984 c 609 s 11 10/03/2006 12:07 FAX 7634752429 SRF CONSULTING GROUP 004 ~/- I S ATT'ACHiVIENT A PROJECT SCOPE-OF-SERVICES TASK 1.0 Project Management SRF will participate in the following meetings. Meeting coordination, meeting Meetings and minutes, agendas are to be done by others: Coordination (2) Public meetings (2) City Council meetings or work sessions (6) Staff/project management meetings (1) Metropolitan Council coordination meeting (1}Design Charette TASK 2A Transportation Plan SRF will provide technical expertise in developing transportation component of Development the City's Comprehensive Plan. It is understood that background information and figures would be prepared by City staff. City staff will prepare redline draft of transportation sections {based on input from SRF). SRF will review, make suggestions an the proposed plan to ensure compliance with Metropolitan guidelines, transportation planning principles and best available traffic data. Some of the emphasis areas will include the following. a) Complete Streets Design Guide -SRF will review forecast volumes, current geometries, available right of way, and produce potential typical sections for incorporation into the Comprehensive Plan. We assume that this will include county road arterials with the City plus Lyndale Avenue (e.g., Penn Avenue, Portland Avenue, Nicollet Avenue, 66~ Street, 7bth Street and 77+~ Street). b) Organize traffic forecasts from other previous studies into 2030 forecast figure. (This assumes that the City of Richfield could opt-out of the regional forecasting process due to Limited overall development in their community.) The City will develop figures based on Consultant input. c) Review overall transportation system plans including funcfional classifications, jurisdiction and MSA, CSAH designation. Identify potential changes. for future consideration. (The City will develop figures.) d) Review draft trail and/or bikeway system plan. Identify potential gaps, opportunities and/or issues to be addressed. Review continuity, connection, route location/type, crossings, etc. e) Review existing and future traffic forecasts and roadway system capacity. Identify potential problem areas, as well as identifying potential improvements and recommended number of lanes. f} Review present access guidelines for azterial system; work with the City and County to develop an approach andlor common understanding for addressing issues and/or concerns as they relate to improvements or redevelopment. g) Review of draft and final Text for the Comprehensive Plan. It is assumed that the City will be the document holder and SRF would provide portions of text ar edits to current text to complete the Plan. The City would be responsible for formatting the document and completing the figures. q-Iq ~~ ~~~ ~ Richfield Comprehensive Plan Update September 2006. ~ q-~i Richfield Comprehensive Plan Update - September 2006 2 9-aa. Richfield Comprehensive Plan Update - September 2006 3 ~~~~ r Richfield Comprehensive Plan Update - September 2006 4 9-a~F Richfield Comprehensive Plan Update - September 2006 5 g _ ~'J Richfield Comprehensive Plan Update - September 2006 6 9-~.c~ Richfield Comprehensive Plan Update - September 2006 7 - ~~-~`? Richfield Comprehensive Plan Update - September 2006 $ 9-a ~ Richfield Comprehensive Plan Update - September 2006 9 AGENDA SECTION: AGENDA ITEM # REPORT # ~~ STAFF REPORT CITY COUNCIL MEETING OCTOBER 10, 2006 OTHER BIISINESS 10 209 REPORT PREPARED BY: RANDY HUGHES, OPERATIONS SUPERINTENDENT NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Staff is seeking decisions on "Green" design items and whether the City should seek formal Leadershi in Ener and Environmental Desi n LEED certification. I. RECOMMENDED ACTION: By Motion: • Provide direction to staff on whether or not to pursue Leadership in Energy and Environmental Design (LEED) certification for the new Maintenance Facility; • Select a traditional roof for the roof of the new Maintenance Facility rather than use a "Green" roof design. II. BACKGROUND At the September 26 Council meeting, Nancy Schultz from SEH presented information to the Council on LEED certification and the documentation costs associated with being certified. The Council seemed in agreement that energy saving expenses with aten-year or less payback should be incorporated into the design. The Council did not provide direction at that time on the formal LEED certification. SEH has now provided estimates that LEED documentation for 101006LEEDs certification will cost about $45,000 above the engineering costs needed to accomplish the ten-year pay back energy improvements. At the last meeting, the Council also asked for more information on the costs and challenges of a "Green" (grass) roof. The architect provided a preliminary cost estimate of $600,000 for half the roof (only half the roof needs to be covered to receive full credit for LEED). Costs. to put a Green roof over the entire building would be about $1.2 million. This is more than twice the cost of a traditional roof. Manufacturers claim a 50-year life expectancy on a Green roof. This is about twice the life of a standard roof. However, there are no similar Green roofs that have been around that long in this part of the country to verify these claims. Staff recommends that the claim for long life of the roof should be disregarded as premature until there is evidence of the long-life claim and that plans for a Green .roof be abandoned.... Staff is seeking guidance on LEED certification before proceeding with the design because the documentation needs to begin immediately in order to qualify. III. BASIS OF RECOMMENDATION A. POLICY • The decisions on whether to seek formal LEED certification and whether to build a grass roof are policy decisions for the City Council. B. CRITICAL ISSUES • These decisions need to be made before progressing further in the design process. C. FINANCIAL • LEED's certification is an additional $45,000 expense. • A Green roof is an additional $600,000 dollar expense (over the cost of a traditional roof). D. LEGAL • NIA IV. ALTERNATIVE RECOMMENDATIONtS~ • The City Council could direct staff to proceed to design. with a grass roof as an alternate in the bid process. V. ATTACHMENTS • Cost estimates for LEED features and certification • LEED Green Building Rating System VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Members of the architectural firm, SEH. ~~-r • Desi n O lions To Be Included Description Cost Comments Added Desi n Costs Sustetnptile Site Construction Pollution Prevention Fee Documentation Fees For Certification -Extra $45,000 total o lions with fee Site Selection Fee Documentation Fees if Certified Alt Trans, Public Access Fee Documentation Fees if Certified Alt Trans, Bike Stom a Little Install bike rack Alt Trans, Alt Fuel Vehicles $2,000 Plu -ins alon Arkin lot. Alt Trans; Parkin Ca Is Little Install si ns Storm Water Management Rain Gardens if areas to be Landsca ed Little No or little additional cost if areas were to be landsca ed an a Storm Water Management - Infiltration i e Little Perforated pipe with clean rock beddin vs. traditional storrn sewer Li ht Pollution Reduction No Added Cost Different fixtures Water Elficiericy Water Efficient Landscaping native lantin Fee Documentation Fees if Certified Water Efficient Landscaping No Irri ation Fee Documentation Fees if Certified Water Use Reduction Install Low-Flow Fixtures $1,000 Reduce need for domestic water Ener and Atmos here Fundamental Commissionin Fee Documentation Fees it Certified Ene Performance Includes Modelin Fee ASHRAE 90.1 Modelin - $10,000 CFC Reduction Fee Refri Brant Selection Optimize Energy Performance Geothermal and Infloor Heatin $300,000 Pay back in 3 to 5 yrs Climate control in bas Modelin - $3,42 ptimize Energy Performance Reuse Oil for Heatin 20,000 Reduce need for gas or electric. Typically heats for 5 months. Would need natural gas fired and oil fired heating systems. Additional modeling for points above and beyond ASHRAE 90.1. Ozone De letion Small Cost Item Equipment to minimize effect. Refri Brant selection. Meterialsand'Aeacurces ., Stour a and Collection of Rec ciabies Fee Install collection areas Construction Waste Management Divert Waste Fee Contractor benefits from r clin Rec cled ontent Fee Products are Com arable in rice Local/Regional Materials Concrete and Precast Fee Documentation Fees if Certified Rapidly Renewable Resources (Interior Finishes Fee Documentation Fees if Certified Certified Wood Interior Finishes) Fee Some cost related to a erwork Indoor Environmental t]uali r - - Carbon Dioxide Monitorin $10,000 Monitorhigh occupancy spaces like break room or conference room as well as sho areas. Ventilation Effectiveness Small cost added Construction IAO Management: During Construction $1,500 Small cost added Construction IAO Management: Before Occupan $3,000 Small cost added. Two week building flush out. Low Emitting Materials (Paint, Ca et, etc.) Little Products are Com arable in rice Indoor Chemical ontrol 2,000 Added ventilation in certain areas. Controllabili of S stems $15,000 Operable windows for perimeter areas. A few more controls needed and task li htin . Thermal Comfort-Compliance with ASHRAE Standard 55 $5,000 Small cost added Thermal Comfort-Permanent monitoring s tem $5,000 Added sensors Da li ht and Views Fee Comfortable work environment Total Cost $364,500 $73,420 I ~ -~~ Cr n B ' . ee u~ in Rahn S stem -~~- .For New Construction.& g ~:==~ . ` .s3,~`i x Ma'or Renovations y ,~~~ w. , r~ ` ~- (LEER-NC) Version 2.1 November 2002 Revised 3/14103 i ~ -~ w LEAbE0.EHIP IN ENEBYiY ! ENVIRONNENTAI bE81GN Errata Sheet .For the document titled: L:EEDTM Green Brxild9ng Rating System Version 2.1. for Ne~v Construction & Major Renovations (:NEED-NC) November 2402, R.ovised 3/14/03 Errata posted July 30, 2003 f'rerlit Page Frratnm SSc5.2 10 In the "Requirements" section, last sentence: replace "development" footprint with "buildin " foo rint. WEe1.2 17 In the subcredit ritle, add "Water" such that it reads "No Potable Water Use or No Irri ation". EQcl 50 In the "Requirements" section, last sentence: replace "Appendix D" with "A endix C". EQc7.1 62 In the `"Requirements" and "Submittals" sections: replace "California High Performance Schools" with "Collaborative for Hi h Performance Schools". Errata posted August 29, 2003 Credit Pa a Erratum E c4.2 56 Delete "current" from the Submittal lan a e of E c4.2. Errata posted March 9, 2004 C''redit Pace F.rrafi>Im SSc2 v Chan a SSc2 title in checklist to "Develo ment Densi " SSc6.1 11 In all instances where "rate" a ear's b itself, than a to "rate and uanti " MRc5.2 44 Clarification: point achievement is based on 50% of MRc5.1's 20% minimum achievement level. See the 12/1/2003 credit Tulin for more detail. Errata posted April 21, 2005 Credit Pace F,rratum MRc7 46 In the Submittals section, replace "and their cost together with the total cost of all materials for the project" with "by cost." (MRc7 only requires the cost of wood-based materials. EAcI 24 Note that the amended point extrapolation tables from the Version 2.0 Reference Guide can be used (available for download on the LEED-NC Web a e. Errata Sheet for LEED-NCv2.1 Rating System 1 of 2 /d'- / EQc2 51 In order to align with credit requirements, add to the end of the second submittal option: "Complete the table summarizing the air change effectiveness achieved for each zone must be 0.9 or reater ." EQc3. l 52 In the Requirements section, first bullet, correct to read "Sheet Metal and Air Conditionin Contractors' National Association". EQc4.1 55 Replace "current" with "March 2000" in the Requirement section. (March 2000 is the ballot date of LEED-NC v2.0, retained in v2.1. . Errata Sheet for LEED-NCv2.1 Rating System 2 Of 2 ~~, ~s LEED w,.~ .........~.~._.~,~..u,.,. Introduction The Leadership in Energy and Environmental Design (LEEDTM) Green Build- ing Rating System represents the U.S. Green Building Council's effort to pro- vide anational standard for what consistitutes a ".green building." Through its use as a design guideline and third-party certification tool, it aims to improve occupant well-being, environmental performance and economic returns of buildings using established and innovative practices, standards and technolo- gies. Consistent with USGBC polity for the continuous improvement of LEED, Version 2.1 is an administrative update of the LEED 2.0 Rating System for new commercial construction, major renovations and high-rise residential build- ings. Its purpose is to address concerns raised by USGBC members and other LEED users by providing technical clarifications and streamlining the documentation requirements for LEED certification. These improvements are expected to simplify the documentation process for project teams and to reduce the costs of documenting LEED credits while retaining the stringency and integrity of 'the LEED Version 2.0 standards. An approval vote by USGBC membership is not required for Version 2.1 because performance levels have not been altered. Version 2.1 was created through the generous volunteer efforts of the LEED Technical Advisory Groups and with the guidance of the LEED Steering Committee. This document represents general consensus, not unanimous agreement. USGBC gratefully acknowledges the contributions of its committee members. The new LEED Letter Template is a ceritral component of the Version 2.1 improvements. It is a' dynamic tracking and documentation tool that must be used by Version 2.1 project teams in preparing a complete LEED certification submittal. For each credit, the Letter Template prompts LEED practitioners for data, indicates when documentation requirements have been fulfilled ad- equately for submittal, and serves as a formatting template for the project's initial submittal. Additional support documents will be requested during the certification assessment's audit phase. This Rating System document states the basic intent, requirements and docu- mentation submittals that are necessary to achieve each prerequisite and voluntary "credit." Projects earn one or more points toward certification by meeting or exceeding each credit's technical requirements. All prerequisites must be achieved in order to qualify for certification. Points add up to a final score that relates to one of four possible levels of certification. See the LEED Checklist for a summary of credit topics and point values. A short description of technologies and strategies is included for each credit to briefly inform those who are unfamiliar with the particular topic. The LEED Reference Guide for Version 2.1=-the technical companion to the Rating System and Letter Template-provides further. background, explanations and instructions. LEEDT"' Rating. System Version 2.1 . i /®-~~ [ZLEED iueuux. ~x an.r ~ ~~n •ru aua. Disclaimer and Notices The U.S. Green Building Council authorizes you to view the LEED 2.1 Green Building Rating System for your individual use and to copy as-is, or in part if you reference the original document. No content may be altered. In ex- change for this authorization, you agree to retain all copyright and other proprietary notices contained in the original LEED 2.1 Green Building Rating System. You also agree not to sell or modify the LEED 2.1 Green Building Rating System or to reproduce, display or distribute the LEED 2.1 Green Building Rating System in any way for any public or commercial purpose, including display on a web site. or in a networked environment. Unautho- rized use of the LEED 2.1 Green Building Rating System violates copyright, trademark, and other laws and is prohibited. All text, graphics, layout and other elements of content contained in the LEED 2.I Green Building Rating System are owned by the U.S. Green Building Council and are protected by copyright under both United States and foreign laws. Also please note that none of the parties involved in the funding or creation of the LEED 2.1 Green Building Rating System, including the U.S. Green .Building Council or its members, make any warranty (express or implied) or assume any liability or responsibility, to you or any third parties for the accuracy, completeness or use of, or reliance on, any information contained in the LEED 2.I Green Building Rating System, or ,for any injuries, losses or damages (including, without limitation, equitable relief) arising out of such use or reliance. As a condition of use, you covenant not to sue, and agree to .waive and release the U.S. Green Building Council and its. members from any and all claims, demands and causes of action for any injuries, losses or damages (including, without limitation, equitable relief) that you may now or hereafter have a right to assert against such parties as a result of your use of, or reliance on, the LEED 2.1 Green Building Rating System. Copyright Copyright ©2002 by the U.S. Green Building Council. All rights reserved. Trademazk LEEDT"' is a registered trademark of the U.S, Green Building Council. U.S. Green Building Council ii ~0~7 • Table of Contents Project Checklist ~ Sustainable Sites 7 Prerequisite 1 Erosion & Sedimentation Control 1 Credit 1 Site Selection 2 Credit 2 Development Density 3 Credit 3 Brownfield Redevelopment 4 Credit 4 Alternative Transportation 5 Credit 5 Reduced Site Disturbance ~ 9 Credit 6 Stormwater Management 11 Credit 7 Heat Island Effect 13 Credit 8 Light Pollution Reduction 15 Water Efficien cy ~ 16 Credit 1 Water Efficient Landscaping 16 Credit 2 Innovative Wastewater Technologies 18 Credit 3 Water Use Reduction ~ 19 Energy & Atmosphere 27 Prerequisite 1 Fundamental Building Systems Commissioning 21 Prerequisite 2 Minimum Energy Performance 22 Prerequisite 3 CFC Reduction in HVAC&R Equipment 23 Credit 1 Optimize Energy Performance 24 Credit 2 Renewable Energy 26 Credit 3 Additional Commissioning 29 Credit 4 Ozone Depletion 30 Credit 5 Measurement & Verification 31 Credit 6 Green Power 32 LEER LEEDT"^ Rating System Version 2.1 iii ~~ O L E.E D Materials & Resources 33 Prerequisite 1 Storage & Collection of Recyc~ables 33 Credit 1 Building Reuse 34 Credit 2 Construction Waste Management 37 Credit 3 Resource Reuse 39 Credit 4 Recycled Content ~ 41 ' Credit 5 Local/Regional Materials ~ 43 Credit 6 Rapidly Renewable Materials 45 Credit 7 Certified Wood 46 Indoor Environmental Quality 47 Prerequisite 1 Minimum IAQ Performance 47 Prerequisite 2 Environmental Tobacco Smoke (ETS) Control 48 Credit 1 Carbon Dioxide (COZ) Monitoring 50 Credit 2 Ventilation Effectiveness 51 Credit 3 Construction IAQ Management Plan ~ 52 Credit 4 Low-Emitting Materials 55 Credit 5 Indoor Chemical & Pollutant Source Control 59 Credit 6 Controllability of Systems 60 Credit 7 Thermal Comfort 62 Credit 8 Daylight & Views 64 Innovation & Design Process ~ 66 Credit 1 Innovation in Design 66 .Credit 2 LEED Accredited Professional 67 U.S. Green Building Counci{ iv ., t L E_E D Project Checklist SUStdlndb~e SIteS 14 Possible Paints Prereq 1 Erosion & Sedimentation Control Required 0 0 ~ Credit 1 Site Selection 1 l' 0 N credit 2 Urban Redevelopment t l~' ~ ~ Credit 3 Brownfield Redevelopment t Credit 4.1 Alternative Transportation, Public Transportation Access 1 0 ~ Q Credit 4.2 Alternative Transportation, Bicycle Storage & Changing Rooms 1 Credit 4.3 Alternative Transportation,Alternative Fuel Vehicles 1 Q ~ Q Credit 4.4 Alternative Transportation, Parking Capacity 1 1' ~ ~ Credit 5.1 Reduced Site Disturbance, Protector Restore Open Space 1 a ~ I`; Credit 5.2 Reduced Site Disturbance, Development Footprint 1 0 ~ N Credit 6.1 Stormwater Management, Rate and Quantity 1 ® ~ ~ Credit 6.2 Stormwater Management, Treatment 1 1' ~ y credit 7.1 Heat Island Effect, Non-Roof 1 YQ" Q ® Credit 7.2 Heat Island Effect, Roof 1 Y [~ ;~ Credit 8 Light Pollution Reduction t Writer E~ICIenCy 5 Possible Points Y Q ~ Credit t.1 Wafer Efficient Landscaping, Reduce by 50% t 0 ~ Q Credit 7.2 Water Efficient Landscaping, No Potable Use or No irrigation t 1' 0 N[] Credit z Innovative Wastewater Technologies t 0 ~ Credit 3.1 Water Use Reduction, 20% Reduction 1 1' ~ N Credit 3.2 Water Use Reduction, 30% Reduction 1 Energy & Atmosphere Prereq 1 Prereq 2 Prereq 3 Y~' ~ ®Credit 1 Y~ a ~ Credit 2.1 0 ~ Credit 2.2 +~ Credit 2.3 0 ~ Credit 3 l~' ~ \ Credit 4 Y ~ N Credit 5 Y~ 0 N Credit 6 17 Possible Points Fundamental Building Systems Commissioning Minimum Energy Performance CFC Reduction in HVAC&R Equipment Optimize Energy Performance Renewable Energy, 5% Renewable Energy, to% Renewable Energy, 20% Additional Commissioning Ozone Depletion Measurement & Verification Green Power Required Required Required 1-10 t 1 1 t t 1 t LEEDT"' Rating System Version 2.1 v lD ~ID L E,E D Materials & Resources 13 Possible Points Prereq 1 Storage & Collection of Recyclables Required ~' 0 °v Credit 1.t Building Reuse, Maintain 75% of Existing Shell i ti" ~ o Credit 1.2 Building Reuse, Maintain 100%of Shell t ~..' ~ "~! Credit 1.3 Building Reuse, Maintain 100% Shell & 50% Non-Shell 1 Y ~ ~ credit 2.t Construction Waste Management, Divert 50% 1 [] ~ ~ Credit 2.2 Construction Waste Management, Divert 75% t a a a Credit 3.1 Resource Reuse, Specify 5% t 0 ~ ~ Credit 3.2 Resource Reuse, Specify 10% 1 0 Q N Credit 4.1 Recycled Content, Specify 5% (p.c. + ~/2 p.i.) 1 a ~ . a Credit 4.2 Recycled Content, Specify t 0% (p.c. + t/2 p.i.) 1 ® ~ ~ Credit 5.1 Local/Regional .Materials, 20% Manufactured~Locally 1 0 Credit 5.2 Local/Regional Materials, of 20% in MRc5.1, 50% Harvested Locally t 0 Q 0 Credit 6 Rapidly Renewable Materials 1 Credit 7 Certified Wood t ~nCIOOC EnVlrOnnlental QUallty 15 Possible Points Prereq t Minitnum iAQ Performance Required Prereq 2 Environmental Tobacco Smoke (ETS) Control Required Q Q Q credit 1 Carbon Dioxide (COZ ).Monitoring t ^Y ~ ~ Credit 2 Ventilation Effectiveness t L~' ~z ~ Credit 3.1 Construction IAQ Management Plan, During Construction t 1' Q 0 Credit 3.2 Construction IAQ Management Plan, Before occupancy. t 0 ~ ~ :Credit 4.1 Low-Emitting Materials, Adhesives & Sealants t ~~ ~ ~ Credit 4.2 Low-Emitting Materials, Paints t ~~' ~1 ~ Credit 4.3 Low-Emitting Materials, Carpet 1 0 Q ~; CrediY4.4 Low-Emitting Materials, Composite wood ~ t 0 0 Q credit s Indoor Chemical & Pollutant Source Control 1 ~Y ~ N~ Credit 6.t Controllability of Systems, Perimeter t. ^,' ~ ~ Credit 6.2 Controllability of Systems, Non-Perimeter 1 D Credit 7.1 Thermal Comfort, Comply with ASHRAE 55-1992 1 y ~ ti Credit 7.2 Thermal Comfort, Permanent Monitoring System 1 }~' 0 :fit Credit 8.1 Daylight & Views, Daylight 75% of Spaces 1 ~y ~ ;y Credit 8.2 Daylight & Views, Views for 90% of Spaces 1 In novation & Design Process ~ Possibl e Po-nts ~Y 0 ~; credit 1.1 Innovation in Design 1 ~ credit 1.2 Innovation in Design 1 QY Q ~; Credit 1,3 Innovation in Design t ~ ~'1 N Credit t,4 Innovation in Design 1 YO Q Q Credit 2 LEEDTM Accredited Professional t Project Totals 69 Possible Points Certified 26-32 points Silver 33-38 points -Gold 39-51 points Platinum 52-69 points U.S. Green Building Council vi l0~-/l Sustainable Sites wEEAMREQ ID Prerequisite 1 Erosion & Sedimentation Control Required Intent Control erosion to reduce negative impacts on water and air quality. Requirements Design a sediment and erosion control plan, specific to the site, that con- forms to United States Environmental Protection Agency (EPA) Document No. EPA 832/R 92-005 (September 1992), Storm Water Management for Con- struction Activities, Chapter 3, OR local erosion and sedimentation control standards and codes, whichever is more stringent. The plan shall meet the following objectives: Prevent loss of soil during construction by stormwater runoff and/or wind erosion, including protecting topsoil by stockpiling for reuse. Prevent sedimentation of storm sewer or receiving streams. Prevent polluting the air with dust and particulate matter. Submittals O Provide the LEED Letter Template, signed by the civil engineer or respon- sible party, declaring whether the project follows local erosion and sedi- mentation control standards or the referenced EPA standard. Provide a brief list of the measures implemented. If local standards and codes are followed, describe how they meet or exceed the referenced EPA standard. Potential Technologies & Strategies Adopr an erosion and sediment control plan for the project site during con- struction. Consider employing strategies suck as temporary and permanent seeding, mulching, earth dikes, silt fencing, sediment traps and sediment basins. LEEDT"^ Rating System Version 2.1 1 i®-~!2 WE EA MR EQ ID Credit 1 1 POlnt Site Selection Intent Avoid development of inappropriate sites and reduce the environmental impact from the location of a building on a site. Requirements Do not develop buildings, roads .or parking areas on portions of sites that meet any one of the following criteria: Prime farmland as defined by the United States Department of Agri- culture in the United States Code of Federal Regulations, Title 7, Vol- ume G, Parts 400 to G99, Section 657.5 (citation 7CFR6~7.5). • Land whose elevation is lower than 5 feet above the elevation of the 100-year flood as defined by the Federal Emergency Management Agency (FEMA). . • Land which is specifically identified as habitat for any species on Federal or State threatened or endangered lists. • Within 100 feet of any water iricluding wetlands as defined by United States Code of Federal Regulations 40 CFR, Parts 230-233 and Part 22, and isolated wetlands or areas of special concern identified by state or local rule, OR greater than distances given in stale or local regula- tions as defined by local or state rule or law, whichever •is more stringent. • Land which prior to acquisition for the project was public. parkland, unless land of equal or greater value as parkland is accepted in trade by the public landowner (Park Authority projects are exempt}. Submittals ^ Provide the LEED Letter Terflplate, signed by the civil engineer or respon- sible party, declaring that the project site meets the credit requirements. Potential Technologies & Strategies During the site selection process, give preference to those sites that do not include sensitive site elements and restrictive land types. Select a suitable ` building location and design the building with the minimal footprint to mini- mize site disruption. Strategies include stacking the building program, tuck- under parking, and sharing facilities with neighbors. U.S. Green Building Council 2 ~~ ""~~ WE EA MR EQ ID Credit 2 Development Density Intent Channel development to urban areas with existing infrastructure, protect greenfields and preserve habitat and natural resources. Requirements Increase localized density to conform to existing or desired density goals by utilizing sites that are ,located within an existing minimum development den- sity of 60,000 square feet per acre (two story downtown development). Submittals ^ Provide the LEED Letter Template, signed by the. civil engineer, architect or other responsible party, declaring that the project has achieved the required development densities. Provide density for the project and for the surrounding area., ^ Provide an area plan with the project location highlighted. Potential Technologies & Strategies During the site selection process, give preference to urban sites. 1 Point LEEDT"' Rating System Version 2.1 3 to-i ~ WE EA MR EQ ID Credit 3 1 Point Brownfield Redevelopment Intent > Rehabilitate damaged sites where development is complicated by real or perceived environmental contamination, reducing pressure on undeveloped land. Requirements Develop on a site documented as contaminated (by means of an ASTIvI E1903- 97 Phase II Environmental Site Assessment) OR on a site classified as a brownf eld by a local, state or federal government agency. Effectively remediate site contamination. Submittals O Provide a copy of the pertinent sections of the ASTM. E1903-97 Phase II Environmental Site Assessment documenting the site contamination OR provide a letter from a local, stare or federal regulatory agency confirm- ing. that the site is classified as a brownfield by that agency. ^ Provide the LEED Letter Template, signed by the civil engineer or re- sponsible party, declaring the type of damage that existed on the site and describing the remediation performed. Potential Technologies & Strategies During the site selection process, give preference.to brownfield sites. Identify tax incentives and property cost savings. Develop and implement a site remediation plan using strategies such as pump-and-treat, bioreactors, land farming and in-situ remediation. U.S. Green Building Council .. 4 1©--Is° WE EA MR EQ tD Credit 4.1 Alternative Transportation: Public Transportation Access _ 1 Point intent Reduce pollution and land development impacts from ~ automobile use. Requirements Locate project within 1/2 mile of a commuter rail, light rail or subway station or 1/4 mile of two or more public or campus bus lines usable by building occupants. Submittals ^ Provide the LEED Letter Template, signed by an appropriate party, declaring that the project building(s) are located within required proximity to mass transit. ^ Provide an area drawing or transit map highlighting the building location and the fixed rail stations and bus lines, and indicate the dis- tances between them. Include a scale bar for distance measurement. Potential Technologies & Strategies Perform a transportation survey of future building occupants to identify trans- portation needs. Site the building near mass transit. LEEDT"' Rating System Version 2.1 5 ~~~~~ N/E EA MR EQ ID Credit 4.2 T Point Alternative Transportation: Bicycle Storage & Changing Rooms Infent Reduce pollution and land development impacts from automobile use. Requirements For commercial or institutional buildings, provide secure bicycle storage with convenient changinglshower facilities (within 200 yards of the building) for S% or more of regular building occupants. For residential buildings, provide covered storage facilities for securing bicycles for 1 S% or more of building occupants in Lieu of changing/shower facilities. Submittals ^ For commercial projects: provide the LEED Letter Template, signed by the Architect or responsible party, declaring the distance to bicycle stor- age and showers from' the building entrance and demonstrating that these facilities can accommodate at least S% of building occupants. OR ^ For residential projects: provide the LEED Letter Template, signed by the architect or responsible party, declaring the design occupancy for the buildings, number of covered bicycle storage facilities for securing bi- cycles, and demonstrating that these facilities can accommodate at least 1S% of building occupants. Potential Technologies & Strategies Design the building with transportation amenities such as bicycle racks and showering/changing facilities. U.S: Green Building Council 6 /®- I`7 WE EA MR EQ ID Credit 4.3 Alternative Transportation: Alternative Fuel Vehicles 1 Point Intec~t Reduce pollution and land development impacts from automobile use. Requirements Provide alternative fuel vehicles for 3% of building occupants AND provide preferred parking for these vehicles, OR ,install alternative-fuel refueling sta- tions for 3% of the total vehicle parking capacity of the site. Liquid or gas- eous fueling facilities must be separately ventilated or located outdoors. Submittals O Provide the LEED Letter Template and proof of ownership of, or 2 year lease agreement for, alternative fuel vehicles and calculations indicating that alternative ~ fuel vehicles will serve 3% of building occupants. Provide site drawings or parking plan highlighting preferred parking for alterna- tive fuel vehicles. OR D Provide the LEED Letter Template with specifications and site- drawings highlighting alternative-fuel refueling stations. Provide calculations dem- onstrating that these facilities accommodate 3% or more of the total ve- hicle parking capacity. Potential Technologies & Strategies Provide transportation amenities such as alternative fuel refueling stations and carpool/vanpool programs. Consider sharing the costs and benefits of refueling stations with neighbors. LEEDT"' Rating System Version 2.1 7 lb-I~ WE EA MR EQ ID Credit 4.4 1 Point Alternative Transportation: Parking Capacity Intent Reduce pollution and land development impacts from single occupancy ve- hicle use. Requirements Size parking capacity to meet; but not exceed, minimum local zoning re- quirements AND provide preferred parking for carpools or vanpools capable of serving 5% of .the building occupants; OR add no new parking for rehabili- tation projects AND provide preferred parking for carpools or vanpools ca- pable of serving 5% of the building occupants. Submittals ^ For new projects: provide the LEED Letter Template, signed by the civil engineer or responsible party, stating any relevant minimum zoning re- quirements and declaring that parking capacity is sized to meet, but not exceed them. State the number of preferred parking spaces for carpools. OR ^ For rehabilitation projects: provide the LEED Letter Template, signed by the civil engineer or responsible party, declaring that no new parking capacity has been added.State the number of preferred parking spaces for carpools. Potential Technologies & Strategies Minimize parking lot/garage size. Consider sharing parking facilities with adjacent buildings. U.S. Green Building Council 8 ~ C~ - l ~ WE EA MR EQ ID Credit 5.1 Reduced Site Disturbance: Protect or Restore Open Space 1 Point Intenfi Conserve existing natural areas and restore damaged areas to provide habitat and promote biodiversity. Requirements On greenfield sites, limit site. disturbance including earthwork and clearing of vegetation to 40 feet beyond the building perimeter, 5 feet beyond primary roadway curbs, walkways and main utility branch trenches, and 25 feet be- yond constructed areas with permeable surfaces (such as pervious paving areas, stormwater detention facilities and playing fields) that require addi- tional staging areas in order to limit compaction in the constructed area; OR, on previously developed sites, restore a minimum of 50% of the site area (excluding the building footprint) by replacing impervious surfaces with na- tive or adapted vegetation. Submittals ^ For greenfield sites: provide the LEED Letter Template, signed by the civil engineer or responsible party, demonstrating and declaring that'site dis- turbance (including earthwork and clearing of vegetation} has been lim- ited to 40 feet beyond the building perimeter, 5 feet beyond primary roadway curbs, walk ways and main utility branch trenches, and 25 feet beyond constructed areas with permeable surfaces. Provide site drawings and specifications highlighting limits of construction disturbance. OR ^ For previously developed sites: provide a LEED Letter Template, signed by the civil engineer or responsible party, .declaring and describing resto- ration of degraded habitat. areas. Include highlighted site drawings with area calculations demonstrating that 50% of the site area that does not fall within the building footprint has been restored. Potential Technologies & Strategies Perform a site survey to identify site elements and adopt a master plan for development of the project site. Select a suitable building location and design the building with a minimal footprint to minimize site disruption. Strategies include stacking the building program, tuck-under parking and sharing facili- ties with neighbors. Establish clearly marked construction boundaries to mini- mize disturbance of the existing site and restore previously degraded areas to their natural state. LEEDT"' Rating System Version 2.1 9 C©-~© WE EA MR EQ tD Credit 5.2 1 Point Reduced Site Disturbance: Development Footprint Intent Conserve existing natural areas and restore damaged areas to provide habitat and promote biodiversity. Requirements Reduce the. development footprint (defined as entire building footprint, ac-. cess roads and parking) to exceed the Local zoning's open space requirement for the site by 25%. For areas with no local zoning requirements (e.g., some university campuses and military bases), designate open space area adjacent to the building that is equal to the development footprint. Submittals D _ Provide a copy of the. local zoning requirements liighlighting the criteria for open space. Provide the LEED Letter Template, signed by the civil engineer or responsible party, demonstrating and declaring that the open space exceeds the local zoning open space requirement for the site by 25%. OR ^ For areas with no local zoning. requirements (e.g., some university cam- puses and military bases), designate open space area adjacent to the building that is equal to the development footprint. Provide a letter from the property owner stating that the open space will be conserved for the life of the building. Potential Technologies & Strategies Perform a site survey to identify site elements and adopt a master plan for development of the project site. Select a suitable building location and design the building with a minimal footprint to minimize site disruption. Strategies include stacking the building program, tuck-under parking and sharing facili- ties with neighbors. Establish clearly marked construction boundaries to mini- mize disturbance of existing and restore previously degraded areas to their natural state. U.S. Green Building Council 10 lc~-~~l WE EA MR EQ ID Credit 6.1 stormwater Management: Rate and Quanti Intent Limit disruption and pollution of natural water flows by managing stormwater runoff. Requirements If existing imperviousness is less than or equal to 50%, implement a stormwater management plan that prevents the post-development 1.5 year, 24 hour peak discharge rate from exceeding the pre-development 1.5 year, 24 hour peak discharge rate. OR If existing imperviousness is greater than 50%, implement a stormwater man- agement plan that results in a 25% decrease in the rate and quantity of stormwater runoff Submittals ^ Provide the LEED Letter Template, signed by the civil engineer or respon- sible parry, declaring that the post-development 1.5 year, 24 hour peak discharge rate does not exceed the pre-development 1.5 year 24 hour peak discharge rate. Include calculations demonstrating that existing site imperviousness is less than or equal to 50%. OR ^ Provide the LEED Letter Template, signed by the civil engineer or respon- sible party, declaring and demonstrating that the stormwater manage- ment strategies result in at least a 25% decrease in the rate and quantity of stormwater runoff. Include calculations demonstrating that existing site imperviousness exceeds 50%. Potentia{ Techno{ogles & Strategies Design the project site to maintain natural stormwater flows by promoting infiltration. Specify garden roofs and pervious paving to minimize impervi- ous surfaces. Reuse stormwater volumes generated for non-potable uses such as landscape irrigation, toilet and urinal flushing and custodial uses. 1 Point LEEDT"^ Rating System Version 2.1 11 i~~-z~~ WE EA MR EQ !D Credit 6.2 1 Point stormwater Management: Treatment Intent Limit disruption of natural water flows by eliminating stormwater xunoff, increasing on-site infiltration and eliminating contaminants. Requirements Construct site stormwater treatment systems designed to remove 80% of the average annual post-development total suspended solids (TSS) and 40% of the average annual post-development total phosphorous (TP) based on the average annual loadings from all storms less than or equal to the 2-year/24- hour storm. Do, so by implementing Best Management Practices (BMPs) out- lined in Chapter 4, Part 2 (Urban Runof~, of the United States Environmental Protection Agenry's (EPA's) Guidance Specifying Management Measures for Sources ofNonpointPollution in Coastal Waters, January 1993 (Document No. EPA-840-B-92- 002) or the local government's BMP document (whichever is more stringent). Submittals ^ Provide. the LEED Letter Template, signed by the civil engineer or respon- sible party, declaring that the design complies with or exceeds EPA or local government Best Management Practices (whichever set is more strin- gent) for removal of total suspended solids and total phosphorous. Potential Technologies & Strategies Design mechanical or natural treatment systems such as constructed wet- lands, vegetated filter strips and bioswales to treat the site's stormwater. U.S. Green Building Council 12' f o - ~~ WE EA MR EQ ID Credit 7.1 Heat Island Effect: Non-Roof ~ 1 Point Intent Reduce heat islands (thermal gradient differences between developed and undeveloped areas) to. minimize impact on microclimate and human and wildlife habitat. Requirements Provide shade (within 5 years) and/or use light-colored/high-albedo materi- als (reflectance of at least 0.3} and/or open grid pavement £or at least 30% of the site's non-roof impervious surfaces, including parking lots; walkways, plazas, etc.; OR place a minimum of 50% of parking spaces underground or covered by structured parking; OR use an open-grid pavement system (less than 50% impervious) for a minimum of 50% of the parking lot area. Submittals O Provide the LEED Letter Template, signed by the civil engineer or respon- sible party, referencing the site plan to demonstrate areas of paving, land- scaping (list species) and building footprint, and declaring that: ^ A minimum of 30% o£ non-roof impervious surfaces areas are con- structed with high-albedo materials and/or open grid pavement and/ or will be shaded within five years ^ OR a minimum of 50% of parking spaces have been placed under- ground or are covered by structured parking ^ OR an open-grid pavement system (less than 50% impervious) has been used for a minimum of 50% of the parking lot area. Potential Technologies & Strategies Shade constructed surfaces on the site with landscape features and minimize the overall building footprint. Consider replacing constructed surfaces (i.e. roof, roads, sidewalks, etc.) with vegetated surfaces such as garden roofs and open grid paving or specify high-albedo materials to reduce the heat absorption. LEEDT^^ Rating System Version 2.1 13 to ~~ WE EA MR EQ ID Credit 7.2 1 Point Heat Island Effect: Roof Intent Reduce heat islands (thermal gradient differences between developed and undeveloped areas) to minimize impact on microclimate and human and wildlife habitat. Requirements Use ENERCI' STAR® compliant (highly reflective) AND high. emissivity roofing (emissivity of at least 0.9 when tested in accordance with ASTM 408) for a minimum of 75% of the roof surface; OR install a "green" (vegetated) roof for at least 50% of the roof area. Combinations of high albedo and vegetated roof can be used providing they collectively cover 75% of the roof area. Submittals ' ^ Provide the LEED Letter Template, signed by the architect, civil engineer or responsible party, referencing the building plan and declaring that the roofing materials comply with the ENERGY STAR® Label requirements and have a minimum emissivity of 0.9. Demonstrate that high-albedo and vegetated roof areas combined constitute at least 75% of the total roof area. OR ^ Provide the LEED Letter Template, signed by the architect, civil engineer or responsible party, referencing the building plan and demonstrating that vegetated roof areas constitute at least 50% of the total roof area: Potential Technologies & Strategies Visit the ENERGY STAR® Web site, www.energystar..gov, to look for compliant products. Consider installing high-albedo and vegetated roofs to reduce heat absorption. ~ , U.S. Green Building Council 14 - / p-aS WE EA MR EQ ID Credit 8 Light Pollution Reduction Intent Eliminate light trespass from the building and site, improve night sky access and reduce development impact on nocturnal environments. Requirements Meet or provide lower light levels and uniformity ratios than those recom- mended by the Illuminating Engineering Society of North America (IESNA) Recommended Practice Manual.• Lighting for Exterior Environments (RP-33-99). De- sign exterior lighting such that all exterior luminaires with more than 1000 initial lamp lumens are shielded and all luminaires with more than 3500 initial lamp lumens meet the Full Cutoff IESNA Classification. The maximum candela value of all interior lighting. shall fall within the building (not out through windows) and the maximum candela value of all exterior lighting shall fall within the property. Any luminaire within a distance of 2.5 times its mounting height from the property boundary shall have shielding 'such that no light from that luminaire crosses the property boundary. Submittals ^ Provide the LEED Letter Template, signed by an appropriate party, de- claring that the credit requirements have been met. Potential Technologies & Strategies Adopt site lighting criteria to maintain safe light levels while avoiding off-site lighting and night sky pollution. Minimize site lighting where possible and model the site lighting using a computer model. Technologies to reduce light pollution include full cutoff luminaries, low-reflectance surfaces and low- angle spotlights. 1 Point LEEDT^^ Rating System Version 2.1 15 /D ~-~ ~, SS EA MR EQ ID Water Efficiency Credit 1.1 1 Point Water Efficient Landscaping: Reduce by 50% "' Intent Limit or eliminate the use of potable water for landscape irrigation. Requirements Use high-efficiency irrigation technology OR use captured rain or recycled site water ro reduce potable water consumption for irrigation by 50% over conventional means. Submittals ^ Provide the LEED Letter Template, signed by the architect, engineer or responsible party, declaring that potable water consumption for site irri- gation has been reduced by~ 50%. Include a brief narrative of the equip- ment used 'and/or the use of drought-tolerant or native plants. Potential Technologies & Strategies Perform asoil/climate analysis to determine appropriate landscape types and design the landscape with indigenous plants to reduce or eliminate irrigation requirements. Use high-efficiency irrigation systems and consider using stormwater and/or greywater for irrigation. U S Green Building Council 16 r~-a~ Water Efficient Landscaping: No Potable Use or No Irrigation Intent Limit or eliminate the use of potable water for landscape irrigation. Requirements Use only captured rain or recycled site water to .eliminate all potable water use'for site irrigation (except for initial watering to establish plants), OR do not install permanent landscape irrigation systems. Submittals ^ Provide the LEED Letter Template, signed by the responsible architect and/or engineer, declaring that the project site will not use potable water for irrigation. Include a narrative describing the captured .rain system, the recycled site water system, and their holding capacity.. List all the plant species used. Include calculations demonstrating that irrigation require- ments can be met from captured rain or recycled site water. OR ^ Provide the LEED Letter Template, signed by the landscape architect or responsible party, declaring that the project site does not have a perma- nent landscape irrigation system. Include a narrative describing how the landscape design allows for this. Potential Technologies & Strategies Perform asoil/climate analysis to determine appropriate landscape types and design the landscape with indigenous plants to reduce or eliminate irrigation requirements. Consider using stormwater and/or greywater for irrigation. SS EA MR EQ ID Credit 1.2 1 Point in addition to WE 1.1 LEEDT"' Rating System Version 2.1 17 ~~~ag SS EA MR EQ ID Credit 2 1 Point Innovative Wastewater Technologies Intent Reduce generation of wastewater and potable water demand, while increas- ing the local aquifer recharge. Requirements Reduce the use of municipally provided potable water for building sewage conveyance by a minimum of 50%, OR treat 100% of wastewater on site to tertiary standards. Submittals ^ Provide the LEED Letter Template, signed by the architect, MEP engineer or responsible party, declaring that water for building sewage convey- ance will be reduced by at least 50%. Include the spreadsheet calculation and a narrative demonstrating the measures used to reduce wastewater by at least 50% from baseline conditions. OR ^ Provide the LEED Letter Template, signed by the civil engineer or respon- sible party, declaring that 100% of wastewater will be treated to tertiary standards on site. Include a narrative describing the on-site wastewater treatment system. Potential Technologies & Strategies Specify high-efficiency fixtures and dry fixtures such as composting toilets and waterless urinals to reduce wastewater volumes. Consider reusing stormwater or greywater for sewage conveyance or on-site wastewater treat- ment systems (mechanical and/or natural). U S Green Building Council 18 ~o~a-~i SS EA MR EQ ID Credit 3.1 Water Use Reduction: 20% Reduction Intent Maximize water efficiency within buildings to reduce the burden on munici- pal water supply and wastewater systems. Requirements Employ strategies that in aggregate use 20% less water than the water use baseline calculated for the building (not including irrigation) after meeting the Energy Policy Act of 1992 fixture performance requirements. Submittals ^ Provide the LEED Letter Template, signed by the MEP engineer or re- sponsible party, declaring. that the project uses 20% less water than the baseline fixture performance requirements of the Energy Policy Act of 1992. ^ Provi.de the spreadsheet calculation demonstrating that water-consuming fixtures specified for the stated occupancy and use of the building reduce occupancy-based potable water consumption by 20% compared to baseline conditions. Potential Technologies & Strategies Estimate the potable and non-potable water needs for the building. Use high- efficiency fixtures, dry fixtures such as composting toilets and waterless uri- nals, and occupant sensors to reduce the potable water demand. Consider reuse of stormwater and greywater for non-potable applications such as toi- let and urinal flushing, mechanical systems and custodial uses. 1 Point LEEDT"" Rating System Version 2.1 19 1~°~C~ SS EA MR EQ ID Credit 3.2 1 Point in addition to WE 3.1 Water Use Reduction: 30% Reduction Intent Maximize water efficiency within buildings to 'reduce the burden on munici- pal water supply and wastewater systems. Requirements Employ strategies that in aggregate use 30% less water than the water use baseline calculated for the building (not including irrigation) after meeting the Energy Polity Act of 1992 fixture performance requirements. Submittals ^ Provide the LEED Letter Template, signed by the MEP engineer or re- sponsible party, declaring that the project uses 30% less water than the baseline fixture performance requirements of the Energy Policy Act of 1992. ^ Provide the spreadsheet calculation demonstrating that water-consuming fixtures specified for the stated occupancy and use of the building reduce .occupancy-based potable water consumption by 30% compared to baseline conditions. Potential Technologies & Strategies Estimate the potable and non-potable water needs for the building. Use high- efficiency fixtures,. dry fixtures such as composting. toilets and waterless uri- nals, and occupant sensors to reduce the potable water demand. Consider reuse of stormwater and greywater for non-potable applications such as toi- let. and. urinal flushing, mechanical systems and custodial uses. U S Green Building Counci(~ 20 Io-3/ Energy & Atmosphere ~undamentat Building Systems Commissioning Intent Verify and ensure that fundamental. building elements and systems are de- signed, installed and calibrated to operate as intended. Requirements Implement or have a contract in place to implement the following fundamen- tal best practice commissioning procedures. Engage a commissioning team that does not include individuals . di- rectly_responsible for project design ;ox construction management. Review the design intent and the basis of design documentation. Incorporate commissioning requirements into the construction docu- ments. Develop and utilize a commissioning plan. Verify installation, functional performance, training and operation and maintenance documentation. • Complete a commissioning report. Submittals D Provide the LEED Letter Template, signed by the owner or commission- ing agent(s), confirming that the fundamental commissioning require- ments have been successfully executed or will be provided under exist- ing contract(s). ' Potential Technologies & Strategies: Engage a commissioning authority and adopt a commissioning plan. Include commissioning requirements in bid documents and task the commissioning agent to produce a commissioning report once commissioning activities are completed. SS WE ~ MR EQ ID Prerequisi#e 1 Required LEEDT"' Rating System Version 2.1 21 ~~ -32 SS WE ~ MR EQ ID Prerequisite 2 Required Minimum Energy Performance Intent Establish the minimum level of energy efficiency for the base building and systems. Requirements Design the building to comply with ASHRAE/IESNA Standard 90.1-1999 (with- out amendments) or the local energy code, whichever is more stringent. Submittals ^ Provide a LEED Letter Template, signed by a licensed. professional engi- neer or architect, stating that the building complies with ASHRAE/IESNA 90.1-1999 or local energy codes.. If local energy codes were applied, demonstrate that the local code is equivalent to, or more stringent than, ASHI2AE/IESNA 90.1-1999 (without amendments). Potential Technologies & Strategies: Design the building envelope and' systems to maximize energy performance. Use a computer simulation model to assess the energy performance and identify the most cost effective energy measures. Quantify energy perfor- mance corripared to the baseline building. U SGreen Building Council 22 !o-~.~ SS WE ~ MR EQ ID Prerequisite 3 CFC Reduction in HVAC&R Equipment Required Intent Reduce ozone depletion. Requirements Zero use of CFC-based refrigerants in new base building HVAC&R systems. When reusing existing base building HVAC equipment, complete. a compre- hensive CFC phase-out conversion. Submittals ^ Provide a LEED Letter Template, signed by a ,licensed professional engi- neer or architect, declaring that the building's HVAC&R systems do not use CFC-based refrigerants. Potential Technologies & Strategies: When reusing existing HVAC systems, conduct an inventory to identify equip- ment that uses CFC refrigerants and adopt a replacement schedule for these refrigerants. For new buildings, specify new HVAC equipment that uses no CFC refrigerants. LEEDT"^ Rating System Version 2.1 ` 23 io-~~ SS WE ~ MR EQ ID Credit 1 1-10 Points ~ Optimize Energy Performance Intent Achieve increasing levels of energy performance above the prerequisite stan- dard to reduce environmental impacts associated with excessive energy .use. Requirements Reduce design energy cost compared to the energy cost budget for energy systems regulated by ASHRAE/IESNA Standard 90.1-1999 (without amend- ments), as demonstrated by a whole building simulation using the Energy . Cost Budget Method described in Section 11 of the Standard. New Bldgs. Existing Bldgs. Paints 15% S% 1 20% 10% 2 25% 15% 3 30% 20% 4 35% 25% 5 40% 30% G 45% 35% 7 50% 40% 8 55% 45% ~ 9 60% 50% 10 ' Regulated energy systems include HVAC (heating, cooling, fans and pumps); service hot water and interior lighting. Non-regulated systems include plug loads, exterior lighting, garage ventilation and elevators (vertical transporta- tion). Two methods may be used to separate energy consumption for regu- lated systems. The energy consumption for each fuel may be prorated ac- ' cording to the fraction of energy used by regulated and.non-regulated en- ergy. Alternatively, separate meters (accounting) may be created. in the en- ergy simulation program for regulated and non-regulated energy uses. If an~ analysis has been made comparing the proposed design to local energy standards and a defensible equivalency (at minimum) to ASHRAE/IESNA Stan- dard 90.1-1999 has been established, then the comparison against the local code may be used in lieu of the ASHRAE Standard. Project teams are encouraged to apply for innovation credits if the energy i consumption of non-regulated systems is also reduced. U S Green Building Council 24 ;~ io -3~ Optimize Energy Performance (continued) Submittals ^ Complete the LEED Letter Template incorporating a quantitative sum- mary table showing the energy saving strategies incorporated in the build- ing design. ^ Demonstrate via summary printout from energy simulation software that the design energy cost is less than the energy cost budget as defined in ASHRAE/IESNA 90.1-1999, Section 11. Potential Technologies & Strategies Design the building envelope and building systems to maximize energy per- formance. Use a computer simulation .model to assess the energy perfor- mance and identify the most cost-effective energy efficiency measures. Quantify energy performance as compared to a baseline building. SS WE MR EQ ID Credit 1 1-10 Points LEEDT^" Rating System Version 2.1 25 ~©-~~ ~, SS WE ~ MR EQ ID Credit 2.1 1 Point Renewable Energy: 5% Intent Encourage and recognize increasing levels of on-site renewable energy self- supply in order to reduce environmental impacts associated with fossil fuel energy use.. Requirements Supply at least 5% of the building's total energy use (as expressed as a frac- tion of annual energy cost) through the use of on-site renewable energy systems. Submittals D Provide the LEED Letter Template, signed by the architect, owner or re- sponsible party, declaring that at least 5% of the building's energy is provided by oti-site renewable energy. Include a narrative describing on- site renewable energy systems installed in the building and calculations demonstrating that at least 5% of total energy costs are supplied by the renewable energy system(s). Potential Technologies & Strategies Assess the project for non-polluting and renewable energy potential includ- ing solar, wind, geothermal, low-impact hydro, biomass and bio-gas strate- gies. When applying these strategies, take advantage of net metering with the Iocal utility. U S Green Building Council 26 Z~-37 Renewable Energy: 10°l0 intent Encourage and recognize increasing levels of self-supply through renewable technologies to reduce environmental impacts associated with fossil fuel en- ergy use. Requirements Supply at least 10% of the building's total energy use (as expressed as a fraction of annual energy cost) through the use of on-site renewable energy systems. Submittals ^ Provide the LEED Letter Template, signed by the architect, owner or re- sponsible party, declaring that at least 10% of the building's energy is provided by on-site renewable energy. Include a narrative describing on- site renewable energy systems installed in the building and calculations demonstrating that at least 10% of total energy costs are supplied by the renewable energy system(s). Potential Technologies & Strategies Assess the project for non-polluting renewable energy potential including solar, wind, geothermal, low-impact hydro, biomass and bio=gas strategies. When applying these, strategies, take advantage of net metering with the local utility. SS WE ~ MR EQ ID Credit 2.2 1 Point in addition to EA 2.1 LEEDT"' Rating System Version 2.1 Z7 SS WE ~' ~ MR EQ ID Credit 2.3 1 Point in addition to EA 2.1 and 2:2 U S Green Building Council 28 ~©--,~ ~ Renewable Energy: 20% Intent Encourage and recognize increasing levels of self-supply through renewable technologies to reduce environmental impacts associated with fossil fuel en- ergy use. Requirements Supply at least 20% of the building's total energy use (as expressed as a fraction of annual energy cost) through the use of on-site renewable energy systems. Submittals ^ Provide the LEED Letter Template, signed by the architect, owner or re- sponsible party, declaring that at least ZO% of the building's energy is provided by on-site renewable energy. Include a narrative describing on- site renewable energy. systems installed in the building and calculations demonstrating that at least 20% of total energy costs are supplied by the renewable energy system(s).' Potential Technologies & Strategies Assess the project for non-polluting and renewable energy potential includ- ing solar, wind, geothermal, low-impact hydro, biomass and bio-gas strate- gies. V(lhen applying these strategies, take advantage of net metering with the local utility. ~~~~9 SS WE MR EQ ID Credit 3 Additional Commissioning 1 Point 1 ntent Verify and ensure that the entire building is designed, constructed and cali- brated to operate as intended. Requirements In addition to the Fundamental Building Commissioning prerequisite, imple- ment or have a contract in place to implement the following additional com- missioning tasks: 1. A commissioning authority independent of the design team shall con- duct areview of the design prior to the construction documents. phase. 2. An independent commissioning authority shall conduct a review of the construction documents near completion of the construction docu- ment development and prior to issuing the contract documents for construction. 3. An independent commissioning authority shall review the contractor submittals relative to systems being commissioned. 4. Provide the owner with a single manual that contains the information required for re-commissioning building systems. 5. Have a contract in place to review building operation with O&M staff; including a plan for resolution of outstanding commissioning-related issues within one year after construction completion date. Submittals ^ Provide the LEED Letter Template, .signed by the owner or independent commissioning agent(s) as appropriate, confirming that the required ad- ditional commissioning tasks have been successfully executed or will be provided under existing contract(s). Potential Technologies & Strategies Engage the commissioning authority early in the design phases. LEEDT"' Rating System Version 2.1 29 i ~ ~-~© SS WE ' ~ MR EQ ID Credit 4 1 Point Ozone Protection Intent Reduce ozone depletion and support early compliance with the Montreal Protocol. Requirements Install base building level HVAC and refrigeration equipment and fire sup- pression systems that do not contain HCFCs or Halons. Submittals O Provide the LEED Letter Template, signed by the architect ox engineer, stating that HVAC&R systems as-built are free of HCFCs and Halons. Potential Technologies & Strategies When reusing buildings, .inventory existing building systems using refriger- ants and fire suppression. chemicals and replace those that contain HCFCs or Halons. For new buildings, specify refrigeration and fire suppression systems that use no HCFCs or Halons. U S Green Building Council 30 f ~~ fa-~l SS WE ~ MR EQ ID Credit 5 Measurement and Verification Intent Provide for the ongoing accountability and optimization of building energy and water consumption performance over time. Requirements Install continuous metering equipment for the following end-uses: • ~ Lighting systems and controls • Constant and variable motor loads Variable frequency drive (VFD) operation Chiller efficiency at variable loads (kWlton) Cooling load Air and water economizer and heat recovery cycles • Air distribution static pressures and ventilation air volumes • Boiler efficiencies • Building-related process energy systems and equipment • Indoor water risers and outdoor irrigation systems Develop a Measurement and Verification plan that incorporates. the monitor- ing information from the above end-uses and is consistent with Option B, C or D of the 2001 International Performance Measurement e~• Yerifzcation Protocol (IPMVP) Volume I.• Concepts and Options for Determining Energy and Water Savings. Submittals ^ Provide the LEED Letter Template, signed by the licensed engineer or other responsible party, indicating that metering equipment has been installed for each end-use and declaring the option to be followed under IPMVP version 2001. ^ Provide a copy of the M&V plan following IPMVP, 200lversion, including an executive summary. Potential Techno{ogles & Strategies Model the energy and water systems to predict savings. Design the building with equipment to measure energy. and_ water performance. Draft a Measure- ment & Verification Plan to apply during building operation that compares predicted savings to those actually achieved in the field. 1 Point l_EEDT"^ Rating System Version 2.1 31 /C~- ~`~ SS WE ~~ MR EQ ID Credit 6 1 Point Green Power Intent Encourage the development and use of grid-source, renewable energy tech- nologies on a net zero pollution basis. Requirements Provide at least 50'% of the building's electricity from renewable sources by engaging in at least atwo-year renewable energy contract. Renewable sources are as defined by the Center for Resource Solutions (CRS) Green-e products certification requirements. Submittals ^ Provide the LEED Letter Template, signed by the owner or other respori- Bible parry, documenting that the supplied renewable power is equal to 50% of,the project's energy consumption and the sources meet the G'reen- e definition of renewable energy. ^ Provide a copy of the two-year electric utility purchase contract for power generated from renewable sources. Potential Technologies & Strategies Determine the energy needs of the building and investigate opportunities to engage in a green power contract with the local utility. Green power is derived from solar, wind, geo- thermal, biomass or low impact hydro sources. Green power .may be procured from a Green-e certified power marketer, aGreen-e accredited utility program, through Green-e certified Tradable Renewable Certificates, or from a supply that meets the Green-e renew able power de$nition.Visit wwwgreen-e.org for details about the Green-e program. U S Green Building Council 32 ~C~-~3 Materials & Resources SS WE EA EQ ID -Prerequisite 1 Storage & Collection of Recyclabtes ~ Required 1 ntent Facilitate the reduction of waste generated by building occupants that is hauled to and disposed of in landfills. Requirements Provide an easily accessible area that serves the entire building- and is dedi- cared to the separation, collection and storage of materials for recycling includ- ing (at a minimum) paper, corrugated cardboard, glass, plastics and metals. Submittals ^ Provide the LEED Letter Template, signed by the architect or owner, de- claring that the area dedicated to recycling is easily accessible and ac- commodates the building's recycling needs. ^ Provide a plan showing the area(s) dedicated to recycled material collec- tion and storage. Potentia{ Techno{ogles & Strategies Designate an area for recyclable collection and storage that is appropriately sized and located in a convenient area. Identify local waste handlers and buyers for glass, plastic, office paper, newspaper, cardboard and organic wastes. Instruct occupants on building recycling procedures. Consider em- ploying cardboard balers, aluminum can crushers, recycling chutes and other waste management technologies to further enhance the recycling program. LEEDT^^ Rating System Version 2.1 33 l©--~~ SS WE EA ' EQ ID Credit 1.1 1 Point Building Reuse: Maintain 75% of Existing Walls, Floors and Roof Intent Extend the life cycle of existing building. stock, conserve resources, retain cultural resources, reduce waste and reduce environmental impacts of 'new buildings as they relate to materials manufacturing and transport. Requirements Maintain at least 75% of existing building structure and shell (exterior skin and framing, excluding window assemblies and non-structural roofing material). Submittals ^ Provide the LEED Letter Template, signed by the architect, owner or other responsible party, listing the retained elements and declaring that the credit requirements have been met. Potential Technologies & Strategies Consider reuse of existing buildings, including structure, shell and non-shell elements. Remove elements that pose contamination risk to building occu- pants and upgrade outdated components such as windows, mechanical sys- tems and plumbing fixtures. Quantify the extent of building reuse. U S Green Building Council 34 !'v '~ ~~ SS WE EA EQ ID Credit 1.2 Building Reuse: ~ 1 Point .Maintain 100% of Existing Wa{Is, F{oors and Roof in addition to MR 1.1 Intent Extend the life cycle of existing building stock, conserve resources, retain cultural resources, reduce waste and reduce environmental impacts of new buildings as they relate to materials manufacturing and transport. Requirements Maintain an additional 25% (100% total) of existing building structure and shell (exterior skin and framing, excluding window assemblies and non- structural roofing material). . Submittals ^ Provide the LEED Letter Template, signed by the architect,, owner or other responsible parry, demonstrating the retained elements and declaring that the credit requirements have been met. ' Potential Technologies & Strategies Consider reuse of existing buildings, including structure, shell and non-shell elements. Remove elements that pose contamination risk to building occu- pants and upgrade outdated components such as windows, mechanical sys- tems and plumbing fixtures. Quantify the extent of building reuse. LEEDT"' Rating System Version 2.1 35 /©~~f~, SS WE EA ' EQ ID Credit 1.3 1 Point in addition to MR 1.1 and 1.2 Building Reuse: Maintain 100% of Shell/Structure and 50% of Non-Shell/Non-Structure Intent Extend the Life cycle of existing building stock, conserve resources, retain cultural resources, reduce waste and reduce environmental impacts bf new buildings as they relate to %materials manufacturing and transport. Requirements Maintain 100% of existing building structure and shell (exterior skin and framing, excluding window assemblies and non-structural roofing material) AND at least 50% of non-shell areas (interior walls, doors, floor coverings and ceiling systems). _ _ Submittals ^ Provide the LEED Letter Template, signed by the architect, owner or other responsible party, demonstrating the retained elements and declaring that the credit requirements have been met. Potential Technologies & Strategies Consider reuse of existing buildings, including structure, shell and non-shell elements. Remove elements that pose contamination risk to building occu- pants and upgrade outdated components such ~as windows, mechanical sys- terns and plumbing fixtures. Quantify the extent of building reuse. U S Green Building Council 36 l~ ~~`~ SS WE EA EQ ID Credit 2.1 Construction Waste Management: 1 Point Divert 50°lo From Landfill Intent Divert construction, demolition and land clearing debris from landfill dis- posal. Redirect recyclable recovered resources back to the manufacturing process. Redirect reusable materials to appropriate sites. Requirements Develop and implement a waste management plan, quantifying material di- version goals. Recycle and/or salvage at least 50% of construction, demoli- tion and land clearing waste. Calculations can be done by weight or volume, but must be consistent throughout. Submittals O Provide the LEED Letter Template, signed by the architect, owner or other responsible party, tabulating the total waste material, quantities diverted and the means by which diverted, and declaring that the credit require- ments have been met. Potential Technologies & Strategies Establish goals for landfill diversion and adopt a construction waste manage- ment plan to achieve these goals. Consider recycling land clearing debris, cardboard, metal, brick, concrete, plastic, clean wood, glass, gypsum wall- board, carpet and insulation. Designate a specific area on the construction site for recycling and track recycling efforts throughout the construction pro- cess. Identify construction haulers and recyclers to handle the designated materials. Note that salvage may include donation of materials to charitable organizations such as Habitat for Humanity. LEEDT"' Rating System Version 2.1 37 ~~0 SS WE EA EQ ID Credit 2.2 1 Point in addition to MR 2.1 Construction Waste Management: Divert 75% From •Landfill Intent Divert construction, demolition and land clearing debris from landfill dis- posal. Redirect .recyclable recovered resources back to the manufacturing process. Redirect reusable materials to appropriate sites. Requirements Develop and implement a waste management plan, quantifying material di- version goals. Recycle and/or salvage an additional 25% (75% total) of con- struction, demolition and land clearing waste. Calculations can be done by weight or volume, but must be consistent throughout. Submittals ^ Provide~tlie LEED Letter Template, signed by the architect, owner or other responsible party, tabulating the total waste material, quantities diverted and the means by which diverted, and declaring that the credit require- ments have been met. Potential Technologies & Strategies Establish goals for landfill diversion and adopt a construction waste manage- ment plan to achieve these goals. Consider recycling land clearing debris, cardboard, metal, brick, concrete, plastic, clean wood, glass, gypsum wall- board, carpet and insulation. Designate a specific area on the construction site for recycling and track recycling efforts throughout the construction pro- cess. Identify construction haulers and recyclers to handle the designated materials. Note that salvage may include donation of materials to charitable organizations such as Habitat for Humanity. U S Green Building Council 38 ®--~9 SS WE EA ~ EQ ID Credit 3.1 Resource Reuse: 5% Intent Reuse building materials and products in order to reduce demand for virgin materials and to reduce waste, thereby reducing impacts associated with the extraction and processing of virgin resources. Requirements Use salvaged, refurbished or reused materials, products and .furnishings for at least 5% of building materials. Submittals ^ Provide the LEED Letter Template, signed by the architect, owner or other responsible party, declaring that the credit requirements have been met and listing each material or product used to meet the credit. Include details demonstrating that the project incorporates the required percent- age of reused materials and products and showing their costs and the total cost of materials for the project. Potential Technologies & Strategies Identify opportunities to incorporate salvaged materials into building design and research potential material suppliers. Consider salvaged materials such as beams and posts, flooring, paneling, doors and frames, cabinetry and furniture, brick and decorative items. . 1 Point LEEDr^^ Rating System Version 2.1 39 6 ~ "~'~ SS WE EA EQ ID Credit 3.2 1' Point Resource Reuse: 10% in addition to MR 3.1 Intent Reuse building materials and products in order to reduce demand for virgin materials and to reduce waste, thereby reducing impacts associated with the extraction and processing of virgin resources. Requirements Use salvaged, refurbished or reused materials, products and furnishings for at least 10% of building materials. Submittals ^ Provide the LEED Letter Template, signed by the architect, owner or other responsible party, .declaring that the credit requirements have been met and listing each material or product used to meet the credit. .Include details demonstrating that the project incorporates the required percent- age. of reused materials and products and showing their costs and the total cost of all materials for the project. Potential Technologies & Strategies Identify opportunities to incorporate salvaged materials into building design and research potential material suppliers. Consider salvaged materials such as beams and posts, flooring, paneling, doors and frames, cabinetry and furniture, brick and decorative items. U S Green Building Council 40 l©-.~/ SS WE EA EQ ID Credit 4.1 Recycled Content: 5% (post-consumer + ~/2 post-industrial) 1 Point {ntent Increase demand for building products that incorporate recycled content materials, therefore reducing impacts resulting from extraction and process- ing of new virgin materials. Requirements Use materials with recycled content such that the sum of post-consumer recycled content plus one-half of the post-industrial content constitutes at least 5% of the total value of the materials in the project. The value of the recycled content portion of a material or furnishing shall be determined by dividing the weight of recycled content in the item by the total weight of all material in the item, then multiplying the resulting percentage by the total value of the item. Mechanical and electrical components shall not be included in this calcula- tion: Recycled content materials shall be defined in accordance with the Fed- eral Trade Commission document, Guides for the Use of Environmental Marketing Claims, 16 CFR 2G0.7 (e), available at www.ftc.gov/bcp/grnrule! guides980427.htm. Potential Technologies & Strategies Establish a project goal for recycled content materials and identify material suppliers that can achieve this goal. During construction, ensure that the specified recycled content materials are installed and quantify the total per- centage of recycled content materials installed. Submittals ^ Provide the LEED Letter Template; signed by the architect, owner or other responsible party, declaring that the credit requirements have been met and listing the recycled content products used. • Include details demon- strating that the project incorporates the required percentage.of.recycled content materials and products and showing their cost and percentage(s) of post-consumer and/or post-industrial content, and the total cost of all materials for the project. LEEDT"' Rating System Version 2.1 41 1~~~~ SS WE EA EQ ID Credit 4.2 1 Point in addition to MR 4.1 Recycled Content: 10% (post-consumer + ~/2 Intent -industrial) Increase demand for building products that incorporate recycled content materials, therefore reducing the.impacts resulting from extraction and pro- cessing of new virgin materials. Requirements Use materials with recycled content such that the sum of post-consumer recycled content plus one-half of the post-industrial content constitutes at least 10% of the total value of the materials in the project. The value of the recycled content portion of a material of furnishing shall be determined by dividing the weight of rerycled content in the item 6y the total . weight of all material in the item, then multiplying the resulting percentage by the total value of the item. Mechanical and electrical components shall not be included in this calcula- tion, Rerycled content materials shall be defined in accordance with the Fed= eral Trade Commission document, Guides far the Use of Environmental Marketing Claims, 16 CFR 260.7 (e), available at www.ftc.gov/bcp/grnrule/ guides980427.htm. Submittals D Provide the LEED Letter Template, signed by the architect, owner or other responsible party, declaring .that the credit requirements have been met and listing the recycled. content products used. Include details demon- strating that the project incorporates the required percentage of recycled content materials and products and showing their cost and percentage(s) of post-consumer and/or post-industrial content, and the total cost of all materials for the project. Potential Technologies & Strategies Establish a project goal for recycled content materials and identify material suppliers that can achieve this goal. During construction, ensure that the specified recycled content materials are installed and quantify the total per- centage of recycled content materials installed. U S Green Building Council 42 ~Q~ ~~ SS WE EA EQ ID Credit 5.1 Regional Materials: 20% manufactured regionally 1 Point Intent Increase demand for building materials and products that are extracted and manufactured within the region, thereby supporting the regional economy and reducing the environmental impacts resulting from transportation . Requirements Use a minimum of 20% of building materials and products that are manufac- tured* regionally within ~a radius of 500 miles. * Manufacturing refers to the final assembly of components into the building product that is furnished and installed by the tradesmen. For example, if the hardware comes from Dallas, Texas, the lumber from Vancouver, British Columbia, and the joist is assembled in Kent, Washington; then the location of the final assembly is Kent, Washington. Submittals ^ Provide the LEED Letter Template, signed by the architect or responsible party, declaring that the credit requirements have been met. Include cal- culations demonstrating that the project incorporates the required per- centage of regional materialslproducts and showing their cost, percent- age of regional components, distance from project to manufacturer, and the• total cost of all materials for the project. Potential Technologies & Strategies Establish, a project goal for locally sourced materials and identify materials and material suppliers that can achieve this goal. During construction, ensure that the specified local materials are installed and quantify the total percent- age of local materials installed. LEEDT"' Rating System Version 2.1 43 SS WE EA EQ ID Credit 5.2 1 Point in addition to MR 5.1 ID-5~{ Regional Materials: 50% extracted regionally Intent Increase demand for building materials and products that are extracted and manufactured within the region, thereby supporting the regional economy and reducing the environmental impacts resulting from transportation. Requirements Of the regionally manufactured materials documented for MR Credit 5.1, use ,a minimum of 50% of building materials and products that are extracted, harvested or recovered (as well as manufactured) within 500 miles of the project:site. Submittals D provide the LEED Letter Template, signed by the architect or responsible party, declaring that the credit requirements have been met. Include calculations dem- onstrating that the project incorporates the required percentage of regional mate- rials/products and showing their cost, percentage of regional components, dis- tance from project to manufacturer, and the total cost ofall materials for the project. Potential Technologies & Strategies Establish a project goal for locally sourced materials and identify materials and material suppliers that can achieve this goal. During construction, ensure that the specified local materials are installed and quantify the total percent- age of Local materials installed. • U S Green Building Council 44 ~o~~~ SS WE EA EQ ID Credit 6 Rapidly Renewable Materials 1 Point Intent Reduce the use and depletion of finite raw materials and long-cycle'renewable materi- als by replacing them with rapidly renewable materials. Requirements Use rapidly renewable building materials and products (made from plants that are typically harvested within aten-year cycle or shorter) for 5% of the total value of all building materials and products used in the project. Submittals ^ Provide the LEED Letter Template, signed by the architect or responsible party, declaring that the credit requirements have been met. Include cal- culations demonstrating that the project incorporates the required per- centage of rapidly renewable products. Show their cost and percentage of rapidly renewable components, and the total cost of all materials for the project. Potential Technologies & Strategies Establish a project goal for rapidly renewable materials and identify materials and suppliers that can achieve this goal. Consider materials such as bamboo flooring, wool carpets, straw board, cotton batt insulation, linoleum .flooring, poplar OSB, sunflower seed board, wheatgrass cabinetry and others. During construction, ensure that the specified rapidly renewable materials are installed. LEEDT"' Rating System Version 2.1 45 1~ - ~~ SS WE EA EQ ID Credit 7 1 Point Certified Wood Intent Encourage environmentally responsible forest management. Requirements Use a minimum of 50% of wood-based materials and products, certified in accordance with the Forest Stewardship Council's Principles and Criteria, for wood building components including, but not limited to, structural framing and general dimensional framing, flooring, finishes, furnishings, and non- rented temporary .construction applications such as bracing, concrete form work and pedestrian barriers. Submittals O Provide the LEED Letter Template, signed by the architect, owner or re- sponsible party, declaring that the credit requirements have been met and listing the FSC-certified materials and products used. Include calcula- tions demonstrating that the project incorporates the required percentage of FSC-certified materials/products and their cost together with the total cost of all materials for the project. For each material/product used to meet these requirements, provide the vendor's or manufacturer's Forest Stewardship Council chain-oF-custody certificate number. Potential Technologies & Strategies Establish a project goal for FSC-certified wood products and identify suppli- ers 'that can achieve this goal. During construction, ensure that the FSC-certi- fied wood products are installed and quantify the total percentage of FSC- certif ed wood products installed. U S Green Building Council 46 1~ ~ ~~ Indoor Environmental Quality Minimum IAQ Performance Intent Establish minimum indoor air quality (IAQ) performance to prevent the de- velopment of indoor air quality problems in buildings, thus contributing to the comfort and well-being of the occupants. Requirements Meet the minimum requirements of voluntary consensus standard ASHRAE 62-1999, Ventilation for Acceptable Indoor Air Quality, and approved Ad- denda (see ASHRAE 62-2001, Appendix H, for a complete compilation ,of Addenda) using the Ventilation Rate Procedure. Submittals ^ Provide the LEED Letter Template, signed by~ the mechanical engineer or responsible party, declaring that the project is fully compliant. with ASHRAE 62-1999 and all published Addenda and describing the procedure em- ployed in the IAQ. analysis (Ventilation Rate Procedure). Potential Technologies & Strategies Design the HVAC system to meet the ventilation requirements of the refer- enced standard. Identify potential IAQ problems on the site and locate air intakes away from contaminant sources. SS WE EA MR • ID Prerequisite 1 Required LEEDT"" Rating System Version 2.1 47 /©-~~ SS WE EA MR a ID Prerequisite 2 Required Environmental Tobacco Smoke (ETS Control Intent Prevent exposure of building occupants and systems to Environmental To- bacco Smoke (ETS). Requirements Zero exposure of non-smokers to ETS by EITHER: • 'prohibiting smoking in the building and locating any exterior desig- nated smoking areas away from entries and operable windows; OR • providing a designated smoking room designed to effectively con- tain, capture "and remove ETS From the building. At a minimum, the smoking room must be directly exhausted to the outdoors with no recirculation of ETS-containing air to the non-smoking area of the building, enclosed with impermeable deck-to-deck partitions and operated at a negative pressure compared with the surrounding spaces of at least 7 PA (0.03 inches of water gauge). • Performance of the smoking rooms shall be verified by using tracer gas testing methods as described in the ASHRAE Standard 129-1997. Acceptable exposure in non-smoking areas is defined as less than 1% of the tracer gas concentration in the smoking room detectable in the adjoining non-smoking areas. Smoking room testing as described in ASHRAE Standard 129-1997 is required in the contract documents and critical smoking facility systems testing results must be included in the building commissioning plan and report or as a separate docu- ment. Submittals ^ Provide the.LEED Letter Template, signed by the building owner or re- sponsible party, declaring that the building will be operated under a policy prohibiting smoking. OR O Provide the LEED Letter Template, signed by the mechanical engineer or responsible party, declaring and demonstrating that designated smoking rooms are exhausted to the outdoors with no recirculation of ETS-con- raining air to the non-smoking area of the building, enclosed. with imper- meable deck-to-deck partitions, operated at a negative pressure com- pared with the surrounding spaces of at least 7- PA (0.03 inches of water gauge), and performance has been verified using the method described in the credit requirements. U.S. Green Building Council 48 to-sq SS WE EA MR ~ ID Prerequisite 2 Environmental Tobacco Smoke (ETS) Control Required (continued) Potential Technologies & Strategies Prohibit smoking in the building or provide separate smoking rooms with isolated ventilation systems. LEEDT"^ Rating System Version 2.1 49 / ~ ~~~ SS WE EA MR • ID Credit 1 1 Point Carbon Dioxide (COZ) Monitoring intent Provide capacity for indoor air quality (IAA monitoring to help sustain long- term occupant comfort and -well-being. Requirements Install a permanent carbon dioxide (COZ) monitoring system that provides feedback on space ventilation .performance in a form that affords operational adjustments. Refer to the COZ differential for all types of occupancy in ac~or- •dance with ASHRAE 62-2001, Appendix D. Submittals ^ Provide the LEED Letter Template, signed by the mechanical engineer or responsible. party, declaring and summarizing the installation, operational design and controls/zones for the carbon dioxide monitoring system. For mixed-use buildings, calculate COZ levels for each separate activity level and use. Potential Technologies & Strategies . Design the HVAC system with carbon dioxide monitoring sensors and inte- grate these sensors with the building automation system (BAS). U.S. Green Building,Council 50 l~ ~- t~1 SS WE EA MR ~ ID Credit 2 Ventilation Effectiveness Intent Provide for the effective delivery and mixing of fresh air to support the safety, comfort and well-being of building occupants. Requirements For mechanically ventilated buildings, design ventilation systems that result in an air change effectiveness (Eac) greater than or equal to 0.9 as determined by ASHRAE 129-1997. For naturally ventilated spaces demonstrate a distribution and laminar flow pattern that involves not less than 90% of the room or zone area in the direction of air flow for at least 95% of hours of occupancy. Submittals D For mechanically ventilated spaces: provide the LEER Letter Template, signed by the mechanical engineer or responsible party, declaring that the design achieves an air change effectiveness (Eac) o£ 0.9 or greater in each ventilated zone. Complete the table summarizing the air change effectiveness achieved for each zone. OR ^ For mechanically ventilated spaces: provide the LEED Letter Template, signed by the mechanical engineer or responsible parry, declaring that the design complies with the recommended design approaches in ASHRAE 2001 Funda- mentals Chapter 32,.Space Air Diffusion. OR ^ For naturally ventilated spaces: provide the LEED Letter Template, signed by the mechanical engineer or :responsible party, declaring that the de- sign provides effective ventilation in at least 90% of each room or zone area in .the direction of airflow for at least 95% of hours of occupancy. Include a table summarizing the .airflow simulation results for each zone. Include sketches indicating the airflow pattern for each zone. Potential Technologies & Strategies Design the HVAC system and building envelope to optimize air change effec- tiveness. Air change effectiveness can be optimized using a variety of ventila- tion strategies including displacement ventilation, low-velocity ventilation, plug-flow ventilation such as under floor or near floor delivery, and operable windows. Test the air change effectiveness of the building after construction. 1 Point LEEDT^^ Rating System Version 2.1 51 ~a- ~2. SS WE EA MR • ID Credit ~3.1 1 Point Construction IAQ Management Plan; During Construction Intent Prevent indoor air quality problems resulting From the construction/renova- tion process in order . to help sustain the comfort and .well-being of construc- tion workers and building occupants. Requirements Develop and implement an Indoor Air Quality (IAQ Management Plan for the construction and pre-occupancy phases of the building as, follows: • During construction meet or exceed the recommended Design Ap- proaches of the Sheet Metal and Air Conditioning National Contrac- tors Association (SMACNA) IAQ Guideline for Occupied Buildings .under Construction, 1995, Chapter 3. e Protect stored on-site or installed absorptive materials from moisture damage. . • If air handlers must be used during construction, filtration media with a Minimum Efficienry Reporting Value (MERV) of 8 must be used at each return air grill, as determined by ASHRAE 52.2-1999. • Replace all filtration media immediately prior to occupancy. Filtra- tion media shall have a Minimum Efficiency Reporting Value (MERV) of 13, as :determined by ASHRAE 52.2-1999 for media installed at the end of construction. Submittals D .Provide the LEED Letter Template, signed by the general contractor or responsible party, declaring that a Constuction IAQ Management Plan has been developed and implemented, and listing each air filter used during construction and at the end of construction. Include the MERV. value, manufacturer name and model number. AND EITHER D Provide 18 photographs-six photographs taken on three different occa- sions during construction-along with identification of the SMACNA ap- proach featured by each photograph, in order to show consistent adher- ence to the credit requirements OR D Declare the five Design Approaches of SMACNA IAQ Guideline for Oc- cupied Buildings under .Construction, 1995, Chapter 3, which were used during building construction. Include a brief description of some of the important design approaches employed. U.S. Green Building Council 52 ~D - f~3 SS WE EA MR • AD Credit 3.1 Construction IAQ Management Plan: During Construction . 1 Point (continued) Potential Technologies & Strategies Adopt an IAQ management plan to .protect the HVAC system during con- struction, control pollutant sources and interrupt contamination pathways. Sequence the installation of materials to avoid contamination of absorptive materials such. as insulation, carpeting, ceiling file and gypsum wall board. LEEDT"" Rating System Version 2.1 53 ~a-~~ SS WE EA MR • ID Credit 3.2 T Point ~ Construction IAQ Management Ptan: Before Occupancy intent Prevent indoor air quality problems resulting from the construction/renova- tion process in order to help sustain the comfort and well-being of construc- tion workers and building occupants. Requirements Develop and implement an Indoor Air Quality (IAQ Management Plan for the pre-occupancy phase as follows: • After construction ends and prior to occupancy conduct a minimum two-week building flush-out with new Minimum Efficiency Reporting Value (MERV) 13 filtration media at 100/0 outside air. After the flush- out, replace the filtration media with new MERV 13 f ltration media, except the filters solely processing outside air. OR • Conduct a baseline indoor air quality testing procedure consistent with the United States Environmental Protection Agency's current Pro- tocol for Environmental Requirements, Baseline IAQ and Materials, for the Re- search Triangle Park Campus, Section 01445. Submittals ^ Provide the LEED Letter Template, signed- by the architect, general ~on- tractor or responsible party, describing the building flush-out procedures and dates. OR ^ Provide the LEED Letter Template, signed by the architect or responsible party, declaring that the referenced standard's IAQ testing protocol has been followed. Include a copy of the testing results. Potential Technologies & Strategies Prior to occupancy, perform a two week building flush-out or test the con- taminant levels in the building. U.S. Green Building Council 54 /~_~s_ SS WE EA MR • ID Credit 4.1 Low-Emitting Materials: Adhesives & Sealants 1 Point Intent Reduce the quantity of indoor air contaminants that are odorous, potentially irritating and/or harmful to -the comfort and well-being of installers and occu- pants. Requirements The VOC content of adhesives and sealants used must be less than the cur- ient VOC content limits of South Coast Air Quality Management District (SCAQMD) Rule #1168, AND all sealants used as fillers must meet or' exceed the requirements of the Bay Area Air Quality Management District Regulation 8, Rule 5 L Submittals ^ Provide the LEED Letter Template, signed by the architect or responsible party, listing the adhesives and sealants used in the building and declar- ing that they meet the noted requirements. Potential Technologies & Strategies Specify Low-VOC materials in construction documents. Ensure that VOC lim- its are clearly stated in each section where adhesives and sealants are ad- dressed. LE.EnT"' Rating System Version 2.1 55 /~~~1~ SS WE EA MR • tD Credit 4.2 1 Point ~ Low-Emitting Materials: Paints and Coatin Intent Reduce the quantity of indoor air contaminants that are odorous, potentially irritating and/or harmful to the comfort and well-being of installers and occu- pants. . Requirements VOC emissions from paints and coatings must not exceed the VOC and chemi- cal component limits of Green Seal's Standard GS-11 requirements. Submittals ^ Provide the LEED Letter Template, signed by the architect or responsible party, listing all the interior paints and coatings used in the building that are addressed by Green Seal Standard GS-11 and. stating that they comply with the current VOC and chemical component limits of the standard. Potential Technologies & Strategies Specify Low-VOC paints and coatings in construction documents. Ensure that VOC limits are clearly stated in each section where paints are addressed: U.S. Green Building Council 56 t~~t/p~ SS WE EA MR • ID Credit 4.3 Low-Emitting Materials: Carpet 1 Point Intent Reduce the quantity of indoor air contaminants that are odorous, potentially irritating and/or harmful to the comfort and well-being of installers and occu- pants. ' Requirements Carpet systems must meet or exceed the requirements of the Carpet and Rug Institute's Green Label Indoor Air Quality Test Program. Submittals ^ Provide the LEED Letter Template, signed by the architect or responsible party, listing all the carpet systems used in the building and stating that they comply with the current VOC limits of the Carpet and Rug Institute's Green Label Indoor Air Quality Test Program. Pgtential Technologies & Strategies Specify Low-VOC carpet products and systems in construction documents. Ensure that VOC limits are clearly stated where carpet systems are addressed. LEEDT"' Rating System Version 2.1 57 ~~~~~3 SS wE EA MR • ID Credit 4.4 1 Point Low-Emitting Materials: Composite Wood Intent Reduce the quantity of indoor air contaminants that are odorous, potentially irritating andlor harmful to the comfort and well-being of installers and occu- pants. Requirements Composite wood and agrifiber products must contain no added urea-formal- dehyde resins, Submittals ^ Provide the LEED Letter Template, signed by the architect or responsible party, listing all the composite wood products used in the building and stating that they contain no added urea-formaldehyde resins. Potential Technologies & Strategies Specify wood and agrifiber products that contain no added urea-formalde- hyde resins. U.S. Green Building Council 58 J~~ ~~ SS 1NE EA MR ~ ID Credit 5 Indoor chemical & Pollutant Source Control . 1 Point Intent Avoid exposure of building occupants to potentially hazardous chemicals that adversely impact air quality. Requirements Design to minimize pollutant cross-contamination of regularly occupied areas: Employ permanent entryway systems (grills, grates, etc.) to capture dirt, particulates, etc. from entering the building at all high volume entryways. • Where chemical use occurs (including housekeeping areas and copy- ing/printing rooms), provide segregated areas with deck to deck par- titions with separate outside exhaust at a rate of at Least 0.50 cubic feet per minute per square foot, no air re-circulation and maintaining a negative pressure of at least 7 PA (0.03 inches of water gauge). ' Provide drains plumbed for appropriate disposal of liquid waste in spaces where water and. chemical concentrate mixing occurs. Submittals O Provide the LEED Letter Template, signed by the architect or responsible party, declaring that: ' Permanent entryway systems (grilles, grates, etc.) to capture dirt, par- ticulates, etc. are provided at all high volume entryways. Chemical, use areas and copy rooms have been physically separated with deck-to-deck partitions; independent exhaust ventilation has been installed at 0.50 cfm/square foot and that a negative pressure differ- ential of 7 PA has been achieved. . In spaces where water and chemical concentrate mixing occurs, drains are plumbed for environmentally appropriate disposal of liquid waste. Potential Technologies & Strategies Design separate exhaust and plumbing systems for rooms with contaminants to achieve physical isolation from the rest of the building. Install permanent architectural entryway systems such as grills or grates to prevent occupant- borne contaminants from entering the building. LEEDT"' Rating System Version 2.1 59 ~a~-~~ 5S WE EA MR • ID Credit 6.1 1 Point Controllability of Systems: Perimeter Spaces Intent Provide a high Level of thermal, ventilation and lighting system control liy individual occupants or specif c groups in multi-occupant spaces (i.e. class- rooms or conference areas) to promote the productivity, comfort and well- being of building occupants. Requirements Provide at least an average of one operable window and 'one lighting control zone per 200 square feet for all regularly occupied areas within 15 feet of the perimeter wall. Submittals - = D Provide the LEED Letter Templare, signed by the architect or responsible party, demonstrating, and declaring that for regularly occupied perimeter areas of the building a minimum of one operable window and one light- ing control zone are provided per 200 square feet on average. Potential Technologies & Strategies Design the building with occupant controls for airflow, temperature and Light- ing. Strategies to consider include lighting controls, task lighting and oper- able windows. U,S. Green Building Council 60 ~a r ~/ SS WE EA MR ~ • fD Credit 6.2 Controllability of Systems: Non-Perimeter Spaces 1 Point Intent Provide a high level of thermal, ventilation and lighting system control by individual occupants or specific groups in multi-occupant spaces (i.e. class- rooms or conference areas) to promote the productivity, comfort and well- being of building occupants. Requirements Provide controls for each individual for airflow, temperature and lighting for at least 50% of the occupants in non-perimeter, regularly occupied areas. Submittals ^ Provide the LEED Letter Template, signed by the architect or responsible party, demonstrating and declaring that controls for individual airflow, temperature and lighting are provided for at least 50% of the occupants in non-perimeter, regularly occupied areas. Potential Technologies & Strategies Design the building with occupant controls for airflow, temperature and light- ing. Strategies to consider include task lighting and underfloor HVAC systems with individual diffusers. ' LEEDT"^ Rating System Version 2.1 61 1 C~-~Z SS WE EA MR • ID Credit 7.1 1 Point Thermal Comfort: Compliance with ASHRAE 55-1992 Intent Provide a thermally comfortable environment that supports the productivity and well-being of building occupants. Requirements Comply with ASHRAE Standard 55-1992, Addenda 1995, for thermal comfort standards including humidity control within established ranges per climate zone. For naturally ventilated buildings, utilize the adaptive comfort tem- perature boundaries, using the 90% acceptability limits as defined .in the California High Performance Schools (CHPS) Best Practices Manual, Appen- dix C - A Field Based Thermal Comfort Standard for Naturally Ventilated Buildings, Figure 2. Submittals ^ For mechanically ventilated spaces: provide the LEED Letter Template, signed by the engineer or responsible party, declaring that the project complies with ASHRAE Standard 55-1992, Addenda 1995. Include a table that identifies each thermally controlled zone, and that summarizes for each zone the temperature and humidity control ranges and the method of control used. OR ^ For naturally ventilated spaces: provide the LEED Letter Template, signed by the engineer or responsible party declaring that 'the project complies with the 90% acceptability limits of the adaptive comfort temperature boundaries in the California High Performance Schools (CHPS) Best Prac- tices Manual Appendix C - A Field Based Thermal Comfort Standard for Naturally Ventilated Buildings, Figure 2. Potential Technologies & Strategies Establish temperature and humidity comfort ranges and design the building envelope and HVAC system to maintain these comfort ranges. U.S. Green Building Council 62 %c~-~3 SS WE EA MR • ID Credit 7.2 Thermal Comfort: Permanent Monitoring System 1 Point in addition to Intent Provide a thermally comfortable environment that supports the productivity and well-being of building occupants. Requirements Install a permanent temperature and humidity monitoring system configured to provide operators control over thermal comfort performance and the ef- fectiveness of humidification andlor dehumidification systems in the build- ing. Submittals ^ Provide the LEED Letter Template, signed by the engineer or responsible party, declaring that a permanent temperature and humidity monitoring system will operate throughout all seasons to permit control of the build- ing zones within the seasonal thermal comfort ranges defined in ASHRAE 55-1992, Addenda 1995. Confirm that the temperature and humidity con- trols were (or will be) tested as part of the scope of work for Energy and Atmosphere Prerequisite 1, Fundamental Building Systems Commission- ing. Include the document name and section number where the cornmis- sioning work is listed. Potential Technologies & Strategies Establish temperature and humidity comfort ranges and design the building envelope and HVAC system to maintain these comfort ranges. Install and maintain a temperature and humidity monitoring system in the building to automatically adjust building conditions as appropriate. ~Q ~.~ LEEDT"' Rating System Version 2.1 63 ie -~~ 'SS WE EA MR • ID Credit 8.1 1 Point Daylight and Views: Daylight 75% of Spaces Intent Provide for the building occupants a connection between indoor spaces and the outdoors through the introduction of daylight and views 'into the regu- larly occupied areas of the building. Requirements Achieve a minimum Daylight Factor of 2% (excluding all direct sunlight pen- etration) in 75% of all space occupied for critical visual tasks. Spaces ex- .. cluded from this requirement include copy rooms, storage areas, mechanical plant rooms, laundry and other low occupancy support areas. Other excep- tions for spaces where tasks would be hindered by the use of daylight will be considered on their merits. Submittals ^ Provide the LEED Letter Template signed by the architect or responsible party. Provide area calculations that define the. daylight zone and provide prediction calculations or daylight simulation. Potential Technologies & Strategies Design the building to maximize interior daylighting. Strategies to consider include building orientation, shallow floor plates, increased building perim- eter, exterior and interior permanent shading devices, high performance glazing and photo-integrated light sensors. Predict daylighting via calculations or model daylighting strategies with a physical or computer model to assess footcandle levels and daylight factors achieved. U.S. Green Building Council 64 / ~ -~~" SS WE EA MR ~ ID Credit 8.2 Daylight and Views: Views for 90% of Spaces 1 Point Intent Provide for the building occupants a connection between indoor spaces and the outdoors through the introduction of daylight and views into the regu- larly occupied areas of the building. Requirements _ . Achieve direct line of sight to vision glazing for building occupants in 90% of all regularly occupied spaces. Examples of exceptions include copy rooms, storage areas, mechanical, laundry and other low occupancy support areas. Other exceptions will be considered on their merits. Submittals d Provide the LEED Letter Template and calculations describing, demon- strating and declaring that the building occupants in 90% of regularly occupied spaces will have direct lines of site to perimeter glazing. Pro- vide drawings highlighting the direct line of sight zones. Potential Technologies & Strategies Design the building to maximize view opportunities. LEEDTM Rating System Version 2.1 65 10-7f~ SS WE EA MR EQ ~ ~ ililOVatlOn ~iC DE'si¢¢n Process Credit 1 ~ b 1-4 Points Innovation in Design Intent To provide design teams and projects the opportunity to be awarded points for exceptional performance above the requirements set by the LEED Green Building Rating System and/or innovative performance in Green Building categories not specifically addressed by the LEED Green Building Rating Sys- tem. Requirements Credit 1.1 (1 point) In writing, identify the intent of the proposed innova- tion credit; the proposed requirement for compliance, the proposed submittals to demonstrate compliance, and the design approach (strategies) that might be used to meet the requirements. Credit 1.2 (] point) Same as Credit 1.1 Credit 1.3 (1 point) ~ Same 2s Credit 1.1 Credit 1.4 (1 point) Same as Credit 1.1 Submittals ^ Provide the proposal(s) within the LEED Letter Template (including in- tent, requirement, submittals and possible strategies) and relevant evi- dence of performance achieved. Potential Technologies & Strategies Substantially exceed a LEED performance credit such as energy performance or water efficiency. Apply strategies or measures that are not covered by LEED such as acoustic performance, education of occupants, community development or lifecycle analysis of material choices. U S Green Building Council 66 1~~~7 SS WE EA MR EQ ~ Credit 2.1 LEED Accredited Professional Intent To support and encourage the design integration required by a LEED Green Building project and to streamline the application and certification process. Requirement At least one principal participant of the project team that has successfully completed the LEED Accredited Professional exam Submittals ^ Provide the LEED Letter Template stating the LEED Accredited Professional's name, title, company and contact information. Include a copy of this person's LEED Accredited Professional Certificate. Potential Technologies & Strategies Attending a LEED Accredited Professional Training Workshop is recommended but not required. Study the LEED Reference Guide., Successfully pass the LEED accreditation exam. 1 Point LEEDT"' Rating System Version 2.1 67 AGENDA SECTION: AGENDA ITEM # REPORT # ~- STAFF REPORT CITY COUNCIL MEETING OCTOBER 10, 2006 OTHER BUSINESS 11- 2 0 REPORT PREPARED BY: CHERYL KRUMHOLZ, EXEC. COORDINATOR NAME, TITLE COUNCIL PRESENTER: SIGNATURE REVIEWED BY CITY ~ . MANAGER: ,~~ ~, ~,, ITEM FOR COUNCIL CONSIDERATION: Consideration of appointments to fill youth terms on City advisory commissions. I. RECOMMENDED ACTION: i By Motion: Approve the appointments to fill the youth terms on the Cit 's adviso commissions. II. BACKGROUND The Advisory Board of Health, Human Rights Commission, Friendship City Commission, Arts Commission and Celebrations Commission have youth term vacancies. Advertisements were placed. in the Richfield Sun, on the Cable TV Community Bulletin Board, message boards outside City Hall and the Water Plant, and the City's Website. Notices were also sent to Richfield High School and the .Academy of Holy Angels: Terms are effective upon appointment through August 31, 2007. Applicants were interviewed at a Special City Council meetings on October 4 and October 10, 2006. III. BASIS OF RECOMMENDATION A. POLICY 1010commission • The City advisory commissions were established by City ordinance or resolution. ' • The Mayor directs the City Manager's office to conduct a recruitment seeking applicants to fill expiring .terms. • Interviews of the applicants were conducted at a Special City Council meetings. The meetings were posted in accordance with the open meeting law requirements. B. CRITICAL ISSUES • Applicants were interviewed at Special City Council meetings on October 4 and October 10, 2006. Terms are effective upon appointment through August 31, 2007. IV. ALTERNATIVE RECOMMENDATION~S~ • Defer appointments to another Council meeting. V. ATTACHMENTS • Vacancy list. VL PRINCIl'AL PARTIES EXPECTED AT MEETING • None. YOUTH COMMISSION APPOINTMENTS ADVISORY BOARD OF HEALTH - 1 vacancy August 31, 2007 HUMAN RIGHTS COMMISSION - 2 vacancies .August 31, 2007 August 31, 2007 FRIENDSHIP CITY COMMISSION - 2 vacancies August 31, 2007 August 31, 2007 ARTS CITY COMMISSION August 31, 2007 August 31, 2007 CELEBRATIONS COMMISSION August 31, 2007 August 31, 2007