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041012completeagenda CITY OF RICHFIELD, MINNESOTA TUESDAY, APRIL 10, 2012 RICHFIELD MUNICIPAL CENTER 6700 PORTLAND AVENUE SPECIAL CITY COUNCIL/HOUSING AND REDEVELOPMENT AUTHORITY/ PLANNING COMMISSION WORKSESSION COUNCIL CHAMBERS 5:45 P.M. AGENDA Call to order Roll call 1. Presentation by Ron Clark Construction regarding revised proposal for Pillsbury Commons (Council Memo No. 41) Notes: Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of(1) Special City Council Worksession of March 27, 2012 and (2) Regular City Council Meeting of March 27, 2012 PRESENTATION 1. Presentation of proclamation designating Earth Day/Arbor Month 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 on these items is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of resolution opposing closure of Division IV Southdale Courthouse of Fourth Judicial District S.R. No. 67 B. Consideration of approval of resolution accepting anonymous donation of$100 to Richfield Police S.R. No. 68 C. Consideration of approval of resolution authorizing joint powers agreement between State of Minnesota acting through Department of Public Safety, Bureau of Criminal Apprehension and City of Richfield on behalf of its Housing and Redevelopment Authority S.R. No. 69 Notes: 5. Consideration of item(s), if any, removed from Consent Calendar Notes: PUBLIC HEARING 6. Public hearing regarding resolution granting final approval of plat for land located at 6501 and 6525 Lyndale Avenue (Lyndale Station) Staff Report No. 70 Notes: RESOLUTIONS 7. Consideration of resolution granting site plan approval for general office and warehouse use at 6328 Penn Avenue Staff Report No. 71 Notes: 8. Consideration of resolution approving contract with International Association of Firefighters Local 1215 for period January 1, 2012 through December 31, 2012 Staff Report No. 72 Notes: OTHER BUSINESS 9. Consideration of contract with Spohn Ranch Skateparks to design and build tier one skateboard facility in Augsburg Park in amount of$85,250 Staff Report No. 73 Notes: CITY MANAGER'S REPORT 8. City Manager's report Notes: 9. 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: 10.Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. richfield: April 2012 Page 1 of 1 City of Richfield Calendar Calendars Net Navigate: 2011 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2013 April 2012 Monday Tuesday Wednesday Thursday Friday 26 I Mar 27 28 29 30 5:30p Human Services 6:OOp Special City SATURDAY,MAR.31 Planning Council Council Worksession 9:30 a.m.-10:30 a.m. 6:OOp Richfield 7:OOp City Council Mayor's Hour-WLNC Bloomington Watershed Regular Meeting Management Organization @ Haeg Conference Room,City of Bloomington(meal at 5:30 p.m.) 6:15p Special Concurrent Richfield/Bloomington City Council Worksession @ Bloomington 7:OOp Planning Commission 2 3 4 3 6 6:30p Human Rights 7:OOp Joint Meeting with 7:OOp Arts Commission Commission Transportation ©7000 Nicollet Ave Commission and Community Services Commission- Bartholomew Room 9 10 11 12 13 7:OOp Planning 11:30a Tourism 7:OOp Friendship City Commission Study Promotion Board @ Commission Session 6601 Lyndale Ave,Suite 106 5:45p Special City Council/HRA/Planning Commission Worksession 7:OOp City Council Regular Meeting 1.6 17 11 19 20 6:00p Advisory Board of 7:OOp Community 7:00p Friendship City Health Services Commission @ Commission 6:OOp Special City 7000 Nicollet Ave (rescheduled to April 12) Council/HRA/Planning Commission Worksession 7:OOp Housing and Redevelopment Authority(HRA) 23 24 25 26 27 5:30p Human Services 5:45p Special SATURDAY,APR.28 Planning Council Concurrent City 9:30 a.m.-10:30 a.m. 7:OOp Planning Council/Richfield School Mayor's Hour-WLNC Commission Board Worksession 7:OOp City Council Regular Meeting 30 1. I May 2 3 4 11:30a Tourism 7:OOp Transportation 7:OOp Arts Commission Promotion Board© Commission ©6335 Portland Ave 6601 Lyndale Ave,Suite 106 6:30p Human Rights Commission Display: Year Month Week Day Block List Condensed Abs Slide Calendars: Search Add Events: Daily Duration Periodic Administer: This Calendar All meetings held at City Hall(6700 Portland Avenue)unless indicated otherwise Calendars Net free online interactive web calendars http://www.my.calendars.net/richfield 4/5/2012 CITY OF RICHFIELD, MINNESOTA Office of City Manager April 6, 2012 Council Memorandum No. 41 HRA Memorandum No. 18 Housing & Redevelopment The Honorable Mayor Authority Commissioners And City of Richfield Members of the City Council Subject: April 10, 2012 Worksession Regarding Pillsbury Commons Proposal (Worksession Agenda Item No. 1) Council Members and Commissioners: At the March 26, 2012 Planning Commission meeting, Ron Clark Construction (Ron Clark) requested a continuance of the public hearing to the next Planning Commission meeting due to changes they wished to make to their proposal. The City staff received information from Ron Clark on April 4, 2012 relating to the revised proposal. A joint work session of the City Council, Housing and Redevelopment Authority (HRA) and Planning Commission has been called for Tuesday, April 10, 2012 at 5:45 p.m. The purpose of the meeting is to enable Ron Clark to present the revised proposal for the development. After the presentation, members of the Planning Commission, Council and HRA are asked to identify additional information that they would like to receive regarding the revised proposal, prior to the meetings that have been scheduled for consideration of various elements of the development. That schedule of meetings is found at the end of this memo. Discussion and formal actions on the revised proposal will occur at those meetings. The key elements of the revised proposal are summarized below: • Physical expansion of development. The former proposal covered only a portion of the former city garage site, located on the south half of the block bounded by West 76th Street, Pillsbury Avenue, West 77th Street, and the CP Rail track. The revised proposal also includes the mortuary site (owned by the HRA), the remainder of the former garage site (owned by the City), and the existing single family property at 7600 Pillsbury Avenue South (owned by a Ron Clark affiliate). The attached sketch shows the original land area and the land areas that have been added in the revised proposal. • Land purchases. Ron Clark is proposing to purchase the mortuary site from the HRA and the remainder of the garage site from the City. The existing option agreement between the City and Ron Clark does not include the north part of the garage site. Ron Clark has provided proposed price information, which is attached. • Revised plat and land use proposal. The development plan for the original land is largely unchanged in the revised proposal. Ron Clark proposes to add the remainder of the garage site and improve it as a playground. The mortuary site would be platted into two outlots: Outlot A, which would provide a drive access to the south half of the lot; and Outlot B, which is proposed to be either conveyed or dedicated to the City. Recreation Services Director Jim Topitzhofer has indicated that the City likely does not have a need for an active park use at that site, but that the City has been looking for a potential community garden site. The City staff has informed Ron Clark that the public process needed to study and recommend a suitable public/park use for Outlot B would take more time than the developer has to bring his proposal forward for approval. This being the case, the decision for City participation in Outlot B as public/park space will rest with the City Council. The revised proposal also states that the three single family lots along Pillsbury Avenue will remain as such, including the currently vacant lot owned by the HRA. • Revisions to land use approvals. Staff received the revised plans late in the day on April 4th. Staff has not had an opportunity to review the plans at the time this memo was drafted for distribution. The review of the revised plans will determine what land use approvals may be needed. It is assumed that the proposed plan will need a zoning district amendment (Industrial to Planned Multi-Family Residential) and a planned unit development approval. The proposal may no longer need a comprehensive plan amendment as was required with the original proposal. Staff will verify whether a comprehensive plan amendment will be needed and will be able to comment on this at the April 10th joint worksession. • TIF Financing. The developer's request for TIF and additional information is attached to this report. The tentative schedule of upcoming meetings for consideration of the revised Pillsbury Commons development is listed below. After completing its review of the latest submissions, staff will have information at the April 10th joint work session if any changes to the schedule are needed. • April 10 Joint work session of PC, CC and HRA— Clark presentation • April 16 Joint work session of HRA, CC & PC — presentation of rental housing study • April 23 PC meeting --public hearing on rezoning, PUD; consideration of consistency of plan modification with comprehensive plan; consideration of land sale consistency under comprehensive plan • April 24 CC meeting — 1St reading of ordinance on land sale • May 8 CC meeting — 1st reading on rezoning; 2nd reading of land sale ordinance • May 21 HRA meeting — consideration of development agreement and TIF plan modification; public hearing on approval of sale of HRA property • May 22 CC meeting — public hearing on TIF plan modification; 2nd reading of rezoning; consideration of PUD final development plan; consideration of approval of agreement for sale of land Respectful submitted 19'1 Ste - . D evic City Manager SLD:cak Attachments Email: Department Directors Assistant City Manager Copy: Planning Commission Physical Expansion of Development - Original Land Area n 4y i , ''R ... _ .z ?eat ,t '. l':i_lit °..':-I.- +tss .z . ',kV'mom' p t �►. •! _ * IL �*• ' • 1.,. •.••.,,,,,,,...,.... _. ,, i ., ...• .it'• 6. . . r I, kW", wrkYf ai ...1r , �` 00! •1 Lilt' Ar^n a .y. = r it ....IP.:f s r -: . �� . `, �K LT N .1 A Legend 41111 l' ."rimmillit i ' .' Mb Original Land Area • -°--. •.„,, , ,,,,,t.., . .. , la 10,.. ,,,,,:,,,,,t,,,,,,,,its, c Pzitt- •:- t 1--- - a .,,, Physical Expansion of Development - Revised Land Area ' i- -- . y r ,..PIALL- 1, .i - I 6.`...�rm x;11, 4 ., - - - .'aw+ 'ems': i.- ,',.q.„..... , ` � 1 jj ' � _ _ � w....... : , ,. ...... 7 ...., - . ., ,• . .. . ,.. ,., • . II ..... , .. . ,. . ,,. , , . ,. . , . . „,,,,.... ..,,,,,,„-•,,,,,?...,...,,:":.-4, 'f 1. � I _ ro„„ . Ili. efi. �';1 L' ,�. _ __ _ __ _ .* ,.,,,,,, . 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If z. r .0, t &14r s } ,1 . Fs ,+ �x u} gz. °^E �¢.ni Pillsbury Commons 7641 Pleasant Avenue South, Richfield.Minnesota i'-■ ter. I , '-'S'-► J n,-' � ":,_ RonClark Construction&Design 7500 Weht 78'i■Street Edina,MN 55139 (952)947-3000 lux(952)9.7-3030 Wednesday,April 4,2012 Mr.Steven L. Devich Executive Director City of Richfield Housing &Redevelopment Authority 6700 Portland Ave South Richfield, MN 55423 Re: Pillsbury Commons Subject: Request for Tax Increment Financing Dear Mr. Devich: From our initial financial modeling that was done prior to submitting our application to Minnesota Housing Finance Agency(MHFA) it was determined that the cost of the project would exceed available funding,e.g.there would be a financial gap. Because of this gap, prior to making our application to MHFA we came to the city and requested Tax Increment Financing(TIF)to make the project feasible.The TIF will be used to pay for the costs involved in the demolition, environmental clean-up of the site,site improvements,and other TIF eligible costs and will be needed to make the project financially feasible. To justify the need for TIF we will support this request in the future with documentation that these are all TIF eligible costs. It is important to know that we will incur and pay for these costs up front and then request reimbursement from "pay as you go TIF"over an extended period of time. In this manner the reimbursement will be paid from the new, higher real estate taxes paid by our project,and not from other city sources. This letter is intended to define the amount of TIF needed to make the project financially feasible and to request the city complete the process of approving the TIF district simultaneously with the Land Use approval of our Project. Due to the lengthy time frame to get to this point in the development process,we think it would be helpful to give a brief "bullet point" history of the tax increment financing element involved in our development to date: • City Council meeting on 4/12/11:the City Council was made aware of our intent to submit an application to Minnesota Housing Finance Agency(MHFA)for a 70-unit 100% affordable housing project on the former City Maintenance Facility property to be called "Pillsbury Commons".(This was also restated in an HRA memorandum dated 10/27/2011 to the City Council.) • City Council meeting on 6/14/11:the City Council approved Resolution 10520.The Resolution states that"the City wishes to support the Project and directs staff to work with the Developer to take steps necessary to create a tax increment financing district for the Project".The"Project"is described in the Resolution to be"70 units of multifamily housing"and"is to be known as Pillsbury Commons and 100%of the units will be affordable to persons with incomes at 60%of the area median income".We submitted our application to MHFA immediately after receiving the City Council's Resolution to support TIF for our project. e srwa%, ( A r t w MN Builder i.icen,c# 1220 iP?LOL'A r' www.lionChIrk.com 2008 Recipient 1'' " RonClark Construction& Design 7500 Wcst 78th Street Edina,MN 55439 (952)947 3000 fax(952)947 3030 • In our application to MHFA for financing for this project we used the approved city TIF Resolution as a key component of our application in order to demonstrate TIF support by the city which awarded us additional points for a higher score against our competition. • On 11/17/2011 MHFA allocated federal tax credits to the Pillsbury Commons project through its competitive process.A requirement of this approval is a pay as you go TIF note of$530,082.00 from the City. On February 21,2012 Ron Clark Construction(Connelly Development, LLC)made formal application to the City of Richfield for our Pillsbury Commons project.Our project has remained unchanged in its overall concept for 70 units of 100%affordable rental housing since our meeting on this concept back on 04/12/2011 noted above. Based on the above noted City approved Resolution, our MHFA application included Tax Increment Financing(TIF)as an integral financial component for project feasibility. PRIOR TO MHFA Application The original TIF amount used in our MHFA application for sources of funds for proof of development financial feasibility was$530,082.00,which was based on the original site plan exiting onto Pillsbury Ave. Attached please find our"Project Sources& Uses"showing the financial gap in our sources of funds necessary to pay for project costs.This continues to be the amount of our TIF request even though the costs of the project have increased with the additional Land to be purchased in order to exit onto 76th street and to provide additional open space area.This additional Land purchase will be funded with an additional Developer equity contribution.This will increase the Developer Equity required for the project from the original amount of$437,589.00 to the current Developer Equity required of$738,008.00. (See attached Sources and Uses schedule) 1.Tax Increment Financing Requested$530,082.00 Tax Benefits to the City Upon the closing of the land sale this fall,the area included in the TIF District will come back onto the tax rolls at the fair market value of the land included in the district based on the Appraisal done by the city in 2011.The current TIF analysis done by Ehlers for the City shows the base taxes on the site will be about$3,900.00 per year. The estimated total property taxes produced over the 26 years by the project are expected to be about$2,000,000.00. We look forward to the upcoming City meetings to to be able to present and discuss the variations in our project and come up with the best solution for all involved. Si erely, � ie . Ronald E. Clark CEO Ron Clark Construction&Design Connelly Development,LLC R.E.C.,Inc. h� A d° Cr Builder License it 1220 St atn�° I� www.Ron(lafk.crxn 2008 Recipient tt%•'"1 C O C .r CO y N U IA C o L u a -B C 73 0 10 43 a v a a a ' I.- I--° a X a N L a p 40 N 40 O y) Q. - Q. p H t C 4, a 00 U a L a E To • C 4- p Q a L O O= U 2 NO > C + v C Q- mC p E 2 'O a 'a " a CU CII ..v D o m y N > 00 LL p 0 J CV LL 0 U H a I- y= H C =' C 'O a m a O C O Q to CU OD O f°N •_. m Y co W O a 0 l� > H v v 0 0 N , C C C N H O i .mod 'O M fC > in o U to a LL I-- 1-- C ii t= 0 U a o 0 0 0 0 0 0 0 O � nt O E er c V O 0000 .Mi 0 .Mi of M 1� CO^ v1 N' M ai N R V a-i .i e I a) _ O L d in i/► L? L? V? i? i? V► N ■i 0 0 0 0 O �, �I e-1 N 00 e�i O [t M O st 0 CO 0000 lop Lfl .M-1 0 E N R M o- j !'1 N T LL 1- in in in in IA a, 13 C 70 t0 W L ea L V p C.0 0 H N N > a> C N - 00 Q 7 li a N 1S / 0 U Q. ui .+T' LL CO a C O W 0 C N 00 it o a L co C C V Q. co C c > Q. 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N N /O O O / r4 6 C1�/� N N I _ I _J O 0-, E o M N I I c4 rn v 1 1— .._.. ........ 1 I O O C O O C O $ 9 L nwn RESOLUTION NO. 10520 ( RESOLUTION CONSENTING TO THE PROCESS FOR THE CREATION OFA HOUSING TAX INCREMENT FINANCE DISTRICT IN SUPPORT OF THE PROPOSED PILLSBURY COMMONS MULTIFAMILY HOUSING PROJECT WHEREAS, the City of Richfield (the"City") is a municipal corporation and political subdivision duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Sections 469.174-469.1799 et. seq., as amended, the City acting through the Richfield Housing and Redevelopment Authority("HRA") is authorized to use tax increment financing to carry out the public purposes described therein and contemplated thereby; and WHEREAS, a proposal has been made by R.E.C., Inc. d/b/a Ron Clark Construction and Design (the "Developer")to construct 70 units of multifamily housing at 211 West 76th Street near Pillsbury Avenue in the City of Richfield, which project is to be known as Pillsbury Commons and 100%of the units will be affordable to persons with incomes at 60%of the area median income (the"Project"); and WHEREAS,the Project would be located on land that is currently owned by the City of Richfield; and WHEREAS, the City on or about the date of this resolution has approved an Option Agreement with the Developer for the sale of the land upon which the Project is intended to be built; WHEREAS, the Developer has submitted its development proposal to the City and the City is supportive of continuing further consideration of the Project; and WHEREAS, the City wishes to support the Project and directs staff to workwith the Developer to take the steps necessary to create a tax increment financing district for the Project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield that the City supports the Project and, pending final determination of project eligibility, required reviews, public input, notices and hearings, and without surrendering its legislative discretion, hereby authorizes staff to proceed with the steps required to establish a tax increment financing district for the.Project; and BE IT FURTHER RESOLVED, that City staff, in connection with the activities required to be undertaken by the City and the HRA, continue its analysis of the Pillsbury Commons project, negotiate the terms and conditions of a development contract with the Developer or an affiliate whose general partner is controlled by the Developer, and prepare a development plan and tax increment financing plan for the Project, all subject to final determination of project eligibility, required reviews, public input, notices and hearings; and BE IT FURTHER RESOLVED, that the City Council supports implementation of the attached timeline for the Project(Attachment 1): This resolution shall be in full force and effect from and after its passage. Passed by the City Council of the City of Richfield, Minnesota this 14th day of June 2011. 0 /j De 'ie Goettel, ayor ATTEST: • ■ Nan'y Gibbs, y Clerk CITY COUNCIL MINUTES Richfield, Minnesota gt:CO"eed Special City Council Worksession March 27, 2012 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:00 p.m. in the Bartholomew Conference Room. ROLL CALL Council Members Debbie Goettel, Mayor; Tom Fitzhenry; Pat Elliott; Sue Sandahl; and Fred Present: Wroge. Staff Present: Pam Dmytrenko, Acting City Manager; Christine Costello, Community Development Specialist; and Cheryl Krumholz, Executive Coordinator. Item #1 FAA PRESENTATION ON AIRCRAFT DEPARTURES FROM MSP AND RESULTING NOISE IMPACTS Carl Ryden and Scott Shelerud, FAA representatives, discussed the MSP aircraft departure analysis and noise impacts. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:56 p.m. Date Approved: April 10, 2012 Debbie Goettel Mayor Cheryl Krumholz Pam Dmytrenko Executive Coordinator Acting City Manager CITY COUNCIL MEETING MINUTES ,�� Richfield, Minnesota G Regular Meeting March 27, 2012 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Tom Fitzhenry; Pat Elliott, Sue Sandahl; and Fred Wroge. Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Barry Fritz, Public Safety Director; Pam Dmytrenko, Assistant City Manager; Christine Costello, Community Development Specialist; Corrine Heine, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM City Attorney Heine stated the Open Forum is for individuals who do not wish to comment specifically on the Pillsbury Commons item before the City Council this evening. Holly Hanson, 7609 Harriet Avenue, spoke in opposition to the new proposal from Ron Clark which he presented at the March 26, 2012 Planning Commission Meeting. Wendy Holland, 7245 17th Avenue, spoke in opposition to the Pillsbury Commons project. John Sieberz, 6434 Washburn Avenue, questioned the City's vision for Richfield housing; including the Pillsbury Commons project. Doris Rubenstein, 6515 Emerson Avenue, spoke about airport noise impacts and demanded sound and vibration monitors in the Richfield Lake area and that this area be included in a new remediation zone. Camillo DeSantis, 6508 Newton Avenue, spoke about the misinformation on workforce housing and low income housing. He added that Pillsbury Commons is the first true multi-family housing in Richfield. Mayor Goettel announced for the record, the City Council and Housing and Redevelopment Authority have all received a copy of an e-mail/letter from the following person(s) regarding the proposed Pillsbury Commons, which will be included in the record: • Ann Somers, 7527 Grand Avenue. Received March 23, 2012. Council Meeting Minutes -2- March 27,2012 PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES MNVroge, S/Sandahl to approve the minutes of(1) Special City Council Worksession of March 13, 2012 and (2) Regular City Council Meeting of March 13, 2012. Motion carried 5-0. Item #1 PRESENTATION OF 2011 FOOD SAFETY AWARDS BY RICHFIELD ADVISORY BOARD OF HEALTH (COUNCIL MEMO NO. 34) Jennifer Turrentine, Advisory Board of Health Chair, presented the following Food Safety Awards: Full Service Restaurant: Winner— Houlihans Restaurant and Bar—6601 Lyndale Avenue Nominee— Minneapolis-Richfield American Legion Post#435—6501 Portland Avenue Nominee— Broadway Pizza—7514 Lyndale Avenue Nominee— Don Pablos—980 West 78th Street Nominee—Old Country Buffet—9 East 66th Street Fast Food/Pizza Carry Out/Cafeteria: Winner—Arby's Restaurant—7744 5th Avenue Nominee—Subway West—3016 West 66th Street Nominee—Jimmy Johns Gourmet Sandwiches—720 West 66th Street Nominee—Wendy's Four Crown—6500 Lyndale Avenue Nominee— McDonald's—6645 Lyndale Avenue Retail Grocery: Winner—Target—6445 Richfield Parkway Nominee— Rainbow Foods— 140 West 66th Street Item #2 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Fitzhenry provided a Noise Oversight Committee update. Council Member Wroge acknowledged the Richfield Girls Basketball Team being in the State tournament. Council Member Wroge discussed the timing of the distribution of City Council packets and requested consideration of moving distribution one week earlier than the current 5 days prior to a Council Meeting Minutes -3- March 27,2012 meeting. This would allow time for due diligence and the ability to do a better job in considering items before the City Council. City Manager Devich explained that information is frequently not available on more complex items and more lead time is needed. Staff tries to get the most current information to the City Council. The City Council consensus was to discuss the timing of the distribution of City Council agenda packets and the use of iPads at a future worksession. Council Member Wroge requested the Planning Commission meetings be changed so that the City Council is not required to take action the day following a Planning Commission meeting. Community Development Director Stark explained that Planning Commission agenda items that are adopted on the fourth Monday of a month are not taken to the City Council until the second Tuesday of the following month. Council Member Wroge questioned and discussed the process and procedures at the March 26, 2012 Planning Commission Meeting, specifically that Commissioner Hall had not been allowed to speak and also City Attorney Heine's comment that if a member of the public provided comment that evening on the Pillsbury Commons proposal, he or she would not be able to speak at the April 23, 2012 meeting on the same subject. City Attorney Heine explained that Commissioner Hall had attempted to address the substance of the Pillsbury Commons proposal when there was a motion pending to continue the public hearing, and that Commissioner Jabs correctly ruled him to be out of order. City Attorney Heine explained that in her comments at the meeting, she had attempted to explain that there was no public hearing on March 26 and that if the public wanted to be heard on the revised Pillsbury Commons proposal, they needed to speak at the public hearing on April 23, when their comments would be made part of the record. She indicated that Commissioner Jabs had only opened the floor for comments from people who would not be present at the April 23 meeting. She also stated that her intent was not to prevent the public from speaking but only to ensure that the public spoke at the appropriate time, when their comments would be considered as part of the official record. City Attorney Heine explained that Commissioner Hall attempted to address the substance of the Pillsbury Commons proposal but Chair Jabs stated a proposal was not before them,just the continuation of the public hearing. City Attorney Heine clarified her comment regarding residents speaking that evening—she was protecting the process and right to follow the process to be heard and officially part of the record at the appropriate time, i.e. the public hearing on April 23, 2012. Community Development Director Stark stated the City Council was notified on Thursday, March 22, 2012 of the applicant (Ron Clark) requesting a continuation and within one-half hour, that same notification was sent to the people in the leadership role of the Pillsbury Commons opposition group. The City Council acknowledged the retirement of Public Safety Director/Police Chief Barry Fritz. Item #3 COUNCIL APPROVAL OF AGENDA Council Meeting Minutes -4- March 27,2012 M/Sandahl, S/Elliott to approve the agenda. Motion carried 5-0. Item #4 CONSENT CALENDAR A. Consideration of approval of resolution granting second extension to July 31, 2012 of current cable franchise agreement with Comcast of Arkansas/Florida/ Louisiana/Minnesota/Mississippi/Tennessee, Inc S.R. No. 63 RESOLUTION NO.10639 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHFIELD, MINNESOTA GRANTING COMCAST OF ARKANSAS/ FLORIDA/ LOUISIANA/ MINNESOTA/MISSISSIPPI / TENNESSEE, INC. A FRANCHISE EXTENSION TO JULY 31, 2012 This resolution appears as Resolution No. 10639. B. Consideration of approval of Richfield Municipal Center change order report for aggregate net effect of$1,574 in items included within project budget S.R. No. 64 M/Sandahl, S/Goettel to approve the Consent Calendar. Motion carried 5-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item #6 PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE ESTABLISHING NEW WARD BOUNDARIES CONFORMING TO REDISTRICTING REQUIREMENTS PURSUANT TO MINNESOTA STATUTES AND CITY CHARTER AND RESOLUTION ESTABLISHING NEW PRECINCT BOUNDARIES S.R. NO. 65 Council Member Sandahl presented Staff Report No. 65. M/Wroge, S/Sandahl to close public hearing. Motion carried 5-0. M/Sandahl, S/Goettel that this constitutes the second reading of Bill No. 2012-6, Transitory Ordinance 18.82 establishing new ward boundaries conforming to redistricting requirements pursuant to Minnesota Statutes and City Charter, that it be published in the official newspaper and that it be made part of these minutes; and that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10640 RESOLUTION ESTABLISHING BOUNDARIES OF ELECTION PRECINCTS; AMENDING RESOLUTION NO. 9175 Council Meeting Minutes -5- March 27,2012 Motion carried 5-0. This resolution appears as Resolution No. 10640. Item #7 CONSIDERATION OF RESOLUTION CALLING FOR PUBLIC HEARING ON MAY 22, 2012 REGARDING; • MODIFICATION TO REDEVELOPMENT PLAN FOR RICHFIELD REDEVELOPMENT PROJECT AREA; AND • PROPOSED ESTABLISHMENT OF PILLSBURY COMMONS TAX INCREMENT FINANCING DISTRICT, RELATING TO DEVELOPMENT OF 70-UNIT MULTI-FAMILY AFFORDABLE HOUSING DEVELOPMENT ON NORTH PORTION OF FORMER PUBLIC WORKS MAINTENANCE FACILITY SITE LOCATED AT 7641 PLEASANT AVENUE S.R. NO. 66 Mayor Goettel presented Staff Report No. 66. M/Goettel, S/Wroge that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10641 RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE PROPOSED ESTABLISHMENT OF THE PILLSBURY COMMONS TAX INCREMENT FINANCING DISTRICT THEREIN AND THE ADOPTION OF THE TAX INCREMENT FINANCING PLAN THEREFORE Council Member Wroge requested a City Council closed session be called now regarding the Pillsbury Commons process and how to proceed. City Attorney Heine explained the requirements for a closed session and that general legal advice is not determined as a need for attorney/client privilege and confidentiality. City Attorney Heine stated Ron Clark indicated he would consult with his attorney after the March 19, 2012 HRA Meeting when the public hearing was not approved. Council Member Sandahl spoke in support of calling the City Council public hearing to get all the information from the developer and public before making a decision. Mayor Goettel agreed with Council Member Sandahl. Council Member Wroge questioned Mayor Goettel's (as an HRA Commissioner) decision to not support the calling of the public hearing at the March 19, 2012 HRA Meeting. City Attorney Heine stated the City Council has the authority to call the public hearing and it is not legally required to have the HRA request it. Council Member Elliott expressed support for the public hearing to hear public comment but that he is not pleased with the process. City Manager Devich stated that after the HRA Meeting, he met with Ron Clark to explain that the City Council and HRA have no obligation to this project. Mr. Devich continued that Mr. Clark stated he did not agree because he believed the HRA not calling for the public hearing was not proceeding with best efforts. Council Member Fitzhenry spoke in support of holding the public hearing. Council Meeting Minutes -6- March 27,2012 Council Member Wroge stated he was not trying to stay away from the public hearing and requested the proposed plan for the project be provided prior to the public hearing. Ron Clark, developer, confirmed the final plan proposal will be provided in April. Motion carried 5-0. This resolution appears as Resolution No. 10641. Item #8 CITY MANAGER'S REPORT No report. Mayor Goettel announced for the record, the City Council and Planning Commission have all received a copy of an e-mail/letter from the following person(s) regarding the proposed Pillsbury Commons, which will be included in the record: • Lois Howard, 6305 Thomas Avenue. Received March 27, 2012. Item #9 CLAIMS AND PAYROLLS M/VVroge, S/Sandahl that the following claims and payrolls be approved: U.S. Bank 03/27/12 NP Checks: 211453-211873 $ 1,430,842.60 Payroll: 82386-82705 $ 542,265.30 TOTAL $ 1,973,107.90 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:50 p.m. Date Approved: April 10, 2012 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 4A REPORT# 67 STAFF REPORT RICHFIELD CITY COUNCIL MEETING isimmilmwm APRIL 10, 2012 REPORT PREPARED BY: TODD SANDELL, ACTING PUBLIC SAFETY DIRECTOR/CHIEF NAME,TITLE DEPARTMENT DIRECTOR L=1 --- / 0 1 I. REVIEW: 410 / ' SIGNATURE 6 REVIEWED BY CITY MANAGER: u ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution in opposition to the proposed closure of the Division IV Southdale courthouse of the Fourth Judicial District. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution opposing the closure of Division IV Southdale Courthouse of the Fourth Judicial District. II. BACKGROUND Hennepin County Administrator Richard Johnson requested the Hennepin County Board of Commissioners at their February 28, 2012, meeting to cease all court operations at the Division IV, Hennepin County Courthouse at Southdale commencing on September 1, 2012, in Hennepin County Resolution 12-0119. The resolution indicates that the cases handled at Southdale Courthouse would be relocated to Brookdale Court, Ridgedale Court or the Division I courthouse in downtown Minneapolis. The requested closure of the Southdale Courthouse is based on the expense of implementing security measures at this location At the March 13, 2012 meeting of the Hennepin County Board of Commissioners, Commissioner Callison introduced a revision to Resolution 12-0119. The revision calls for further study of the security issues at the three suburban court locations including consideration of closing the court at Southdale. Recommendations from this study are to be presented to the County Board of Commissioners by November 1, 2012. 0410CIosure of the Division IV Southdale Courthouse The 2010 court statistics for Division IV show 11,428 cases were handled at the Southdale Courthouse for the cities of Richfield, Bloomington, Edina, St.Louis Park and Metropolitan Airports Commission. Richfield cases for 2010 were; Domestics — 104, DWI — 287, Criminal —471, Traffic—478, for a total of 1346 cases. Implications for assault victims; nearly all domestic assault victims are assisted by Cornerstone which is located just a few miles from the Southdale Courthouse. The convenience of the suburban courthouse location, with its ample free parking and proximity to bus lines is crucial to getting these victims to court proceedings. Implications for residents; the vast majority of people to whom police issue traffic citations are residents of Richfield or the surrounding area. The Southdale location provides Richfield prosecutors with the best opportunity to provide good customer services to these minor offenders. The courthouse is easy to travel to and parking is free of charge. Deputy Director Sandell attended the Hennepin County Board meetings on 3/6/2012 and 3/13/2012 where resolution 12-0119 was on the agenda. The Board had lengthy discussion on the resolution. It is staffs opinion, the Board believes there is a need to implement security measures at the suburban courthouse locations, however, is reluctant to invest the estimated nearly one million dollars to implement these measures at the Southdale location. Closure of the Division IV Courthouse would have a major impact on both the City and the citizens. III. BASIS OF RECOMMENDATION A. POLICY • The proposed relocation of the Richfield non-felony case prosecutions from Southdale to downtown or other suburban locations will not only reduce the level of service (court, prosecutor and police) but more importantly it will reduce our residents' access to justice. • City Staff has a fiscal responsibility to the citizens of Richfield to ensure they are provided the most cost effective access to the court system. B. CRITICAL TIMING ISSUES • It is likely that the Hennepin Board of Commissioner will be taking action on resolution 12-0119 after completion of a security study of the courthouses that is to be completed by November 1, 2012. C. FINANCIAL • The cost implications for the police department are significant. There will be increased overtime costs with officers having to drive to one of the remaining court locations. Increase transportation costs and parking fees associated with court at the Division I location in downtown Minneapolis. This will also take on-duty officers needed in court away from their regular duties for a longer period of time. • Potential increase in prosecution costs. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Council could disapprove of the resolution. V. ATTACHMENTS • Resolution • Hennepin County Resolution no. 12-0119 VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. 414,- RESOLUTION IN OPPOSITION TO THE PROPOSED CLOSURE OF THE DIVISION IV SOUTHDALE COURTHOUSE OF THE FOURTH JUDICIAL DISTRICT WHEREAS, the City,Council of the City of Richfield is the official governing body of the City or Richfield, a municipal corporation organized under the home rule provisions of laws of the State of Minnesota; and WHEREAS, the Hennepin County Administrator Richard Johnson requested the Hennepin County Board of Commissioners at their February 28, 2012, meeting to cease all court operations at the Division IV, Hennepin County Courthouse at Southdale commencing on September 1, 2012, in Hennepin County Resolution 12-0119; and WHEREAS, the requested closure of the Southdale Courthouse is based on the expense of implementing security measures at this location; and WHEREAS, At the March 13, 2012 meeting of the Hennepin County Board of Commissioners, Commissioner Callison introduced a revision to Resolution 12-0119. The revision calls for further study of the security issues at the three suburban court locations including consideration of closing the court at Southdale. Recommendations from this and study are to be presented to the County Board of Commissioners by November 1, 2012; WHEREAS, the Division IV Courthouse for the Fourth Judicial District, located at 7009 York Avenue South, Edina, Minnesota currently provides court services for the City of Richfield and it's residents; and WHEREAS, any relocation of the court functions serving Richfield from a south suburban location to any of the Division I, II or III locations will not only reduce the level of services to Richfield residents, it will reduce our residents' access to justice; and WHEREAS, any relocation of the court functions serving Richfield from a south suburban location to any of the Division I, II or III locations would result in increase costs to the Richfield Police Department and the prosecution services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD THAT: 1. The City Council opposes any proposed closure of the South Suburban Division IV, Fourth Judicial District Courthouse based on its concern that such would unduly inconvenience the citizens of Richfield served thereby, result in increased costs of prosecution and increased costs to the Richfield Police Department. 2. The City Council hereby directs the City Clerk to provide copies of this Resolution to: the Chief Justice of the Supreme Court for the State of Minnesota, the Honorable Lori Gildea; the members of the Hennepin County Board of Commissioners; the County Administrator Richard Johnson; the Chief Judge of the Fourth Judicial District, the Honorable James Swenson; and Hennepin County Court Administor Mark Thompson. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of April, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk /4 - Substitute for BAR 12-0119 Offered by Commissioner Callison WHEREAS,the Sheriff and Court Administration have asked for additional security measures to be included at the Brookdale,Ridgedale and Southdale Court Divisions; WHEREAS, Court Administration has commissioned a study of court security to be completed by May 1, 2012, and County Administration believes a comprehensive analysis of permanent court security should be undertaken; WHEREAS,the question of court security also raises issues about the adequacy of security in other areas such as Conciliation Court and the Violations Bureau; WHEREAS, in order to accommodate weapons screening,County Administration has proposed a number of interim and permanent security measures including closing the Southdale Court by Sept. 1,2012; WHEREAS,City officials have raised issues about the impact of Southdale's closure on their residents' access to justice,their staffs' ability to cost-effectively perform their duties and the ability of the remaining court facilities to handle the Southdale load; WHEREAS, Hennepin County cities have asked to partner with Hennepin County in addressing the question of court security; WHEREAS,Hennepin County wants to develop a collaborative and comprehensive solution to the issue of court security; BE IT RESOLVED,the Hennepin County Board directs the County Administrator to take the following actions: - Implement interim weapons screening measures as soon as possible at the Brookdale and Ridgedale Divisions; - Implement temporary weapons screening measures as soon as possible at the Southdale Division; BE IT FURTHER RESOLVED,the following related budget actions are approved: - Installation of interim weapons screening at Brookdale and Ridgedale Division facilities be accomplished by utilizing funds from Government Center Weapons Screening(capital project 0031696)in an amount not to exceed$280,000; - The Property Services 2012 budget be increased by a contingency transfer of $345,000 to fund additional contract security positions and equipment maintenance contract costs, for security personnel to manage the weapons screening process at the Brookdale and Ridgedale Divisions and to provide temporary security at Southdale Division; 141 BE IT FURTHER RESOLVED,the County Administrator will complete a comprehensive analysis of permanent security solutions for the following areas and present recommendations to the County Board by November 1,2012: - The Brookdale,Ridgedale and Southdale Courts, including consideration of closing the court at Southdale; - Conciliation Court; - The Violations Bureau; - And other appropriate areas. BE IT FURTHER RESOLVED,the County Administrator be authorized to utilize funding from the District Court Planning Study(capital project no. 0031747)and the HCGC C-Tower Use Study(capital project no. 0031602)in the amount of$50,000 from each project and that the funding be added to the Government Center Weapons Screening project(capital project no. 0031696)to provide an amount not to exceed $150,000 in order to secure consultant assistance in completing the comprehensive permanent security analysis; BE IT FURTHER RESOLVED,in performing this analysis of permanent security solutions, County Administration will work with the Fourth Judicial District,justice partners and Hennepin County cities to determine a plan to address the relevant issues; BE IT FURTHER RESOLVED,following review and approval by the County Attorney's Office,the Chair of the Board and the County Administrator be authorized to sign agreements for consulting services related to the comprehensive permanent security analysis within the$150,000 authorization; and the controller be authorized to transfer and disburse funds as directed; and BE IT FURTHER RESOLVED, the Hennepin County Board supports legislation that creates efficiencies in the criminal justice system including,but not limited to, online verification of automobile insurance. AGENDA SECTION: CONSENT AGENDA ITEM# 4B REPORT# 68 STAFF REPORT RICHFIELD CITY COUNCIL MEETING APRIL 10, 2012 TODD SANDELL, ACTING PUBLIC REPORT PREPARED BY: SAFETY DIRECTOR/ACTING POLICE CHIEF NAME,TITLE DEPARTMENT DIRECTOR in • I , / REVIEW: ,---- - ilk•/"Zi � . j' SIGNATURE REVIEWED BY CITY ° s' ` MANAGER: Gyt"' ITEM FOR COUNCIL CONSIDERATION: Council approval of resolution accepting anonymous donation to the police department. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution to accept an anonymous donation of $100 directed to the Richfield Police. II. BACKGROUND A Western Union money order was received on 3/8/2012 for $100, payable to "Police Richfield" and sent anonymously. III. BASIS OF RECOMMENDATION A. POLICY • Minnesota Statute 465.03 requires that every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. • The Administrative Services Department issued a memo on November 9, 2004 requiring that all grants and restricted donations to departments be received by resolution and passed by more than two- 041012 Resolution Accepting Donation to Police Department thirds majority of the City Council in accordance with Minnesota Statute 465.03. • The department will place the funds in the compliance fund and will be used as needed. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • The money order has been placed in the Compliance Fund. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • If Council disapproves, there is no one known to return the check to since it was an anonymous donation. V. ATTACHMENTS • Resolution No. • Copy of money order No. 14-486468190. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION ALLOWING THE RICHFIELD PUBLIC SAFETY DEPARTMENT/POLICE TO ACCEPT MONEY ORDER FOR $100 FROM AN ANONYMOUS DONOR WHEREAS, a money order for$100 was sent to or dropped off at the Police Department by an anonymous person; and, WHEREAS, the donor specified that the $100 was to be used by the Police Department with no other instructions; and, WHEREAS, the Police staff has determined that the money would be place in the Compliance Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that permission is granted to Richfield Public Safety through Todd Sandell, Acting Public Safety Director/Acting Chief of Police, to accept the funds being made available by means of a Western Union Money Order made payable to the Richfield Police. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of April, 2012. Debbie Goettel Mayor ATTEST: Nancy Gibbs, City Clerk t li- - d- • . _ HIS DOCU NT CONTAINS RUE,WgyATER 1�RK HOLD UP TO LIGHt TO VIEW s n -. 1(1 E y,. r`1 ^,: 4 � ,� ��.°W`-'.''k4�'tz r�';i�,�Lf�r' '%�,1�„ 1'.`` g,d Vr�s �^#h, .L x..,74[I t ,k.41 0..:a^ - ,,.4 y t,.� r 'rte hpp,�� C C�r�" rf g ,-'.(, " - " a 'iii.;-.:1'x - .Y i �� "^ h k`�� a s d ° M ' rpr .' < . tz E r T r `4. p ,a j k.' S a '. � , ,. � z � ,4-' � i - , x. s t ' ,. 9 , < n 4, S' ' 't d y r Al 'x M x4 r, i ✓t z r P � , lr t, i - ` Y .'� f sus,, tst AY 0 x � Z ''''It f s c ` T r + ` � tv' x-w **. to S ,- a r� � k a p 0-. s�� x 1 S�w a ^k r s '100+ i r i PAY TTO THE . s 41,m4,4„,,„,".),, e , .4, e.,�� F t -{4 ~fi �t e t ,, v `��` 4 , . 0 ORDER OF` A a E r® � xs � ' � o �, ro kz zg a ;k� .c i � , 3 1 i k tl t r w " dg i t � " P k s t,t-t , t„ a i va �e' 4 fi ."' ' Y r § - t . 4, `UR .. s. 1 m , , C w - � s � 44'4,4-'4.',.'rt tt , x) P 1 x� � t � ' . rc. a s^ 1 :• io 2 ioo400': �� 86468 i9o8n• A100 • e,C.v L 31$12012-J AGENDA SECTION: CONSENT AGENDA ITEM# 4C REPORT# 69 STAFF REPORT RICHFIELD CITY COUNCIL MEETING APRIL 10, 2012 REPORT PREPARED BY: LYNNETTE CHAMBERS,LEASED HOUSING SPECIALIST ,TITLE ACTING DEPARTMENT i �DIRECTOR REVIEW: •��*AM�l REVIEWED BY CITY ir MANAGER: ti ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing a Joint Powers Agreement between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Richfield on behalf of its Housing and Redevelopment Authority. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution approving the State of Minnesota Joint Powers Agreement between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Richfield on behalf of its Housing and Redevelopment Authority. II. BACKGROUND Richfield's Section 8 program is administered in accordance with the Housing and Redevelopment Authority's (HRA) Administrative Plan and Department of Housing and Urban Development (HUD) regulations. The Administrative Plan requires prospective households to successfully pass a criminal history screening and prohibits current households from engaging in any criminal or criminal drug-related activity. In order for the City's Police Department to conduct Criminal History checks for the Section 8 program, the State Bureau of Criminal Apprehension (BCA) requires a Joint Powers Agreement be approved and executed. 04102012 Joint Powers Agree - Section 8 Without the ability to access Criminal History for current and prospective Section 8 recipients, the HRA will not be in compliance with HUD regulations, risking the assessment of fines and/or the termination of the Section 8 program. There is no fee associated with the Joint Powers Agreement to access the BCA's criminal justice data communications network. Staff is recommending approval of the resolution approving the Joint Powers Agreement with BCA and the City of Richfield HRA. III. BASIS OF RECOMMENDATION A. POLICY • 2008 City of Richfield Comprehensive Plan Housing Policy: o "Promote additional housing diversity to serve families at all stages of their life-cycle through assistance, incentive programs, and the exploration of possible partnerships." o "Continue to directly assist families with housing needs as funding is available." B. CRITICAL TIMING ISSUES • Without the ability to access Criminal History for current and prospective Section 8 recipients, the HRA will not be in compliance with HUD regulations, risking the assessment of fines and/or the termination of the Section 8 program. C. FINANCIAL • The inability to allow new households into the program will result in a decrease in administrative fees obtained from HUD. • Failure to comply with HUD regulations may result in the assessment of fines and/or termination of the Section 8 program. • There is no fee associated with this Joint Powers Agreement to access the criminal justice data communications network. D. LEGAL • The HRA will not be in compliance with HUD regulations if they are not able to obtain Criminal Histories. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Do not approve the Joint Powers Agreement. V. ATTACHMENTS • Resolution • Joint Powers Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF RICHFIELD ON BEHALF OF ITS HOUSING AND REDEVELOPMENT AUTHORITY AND PUBLIC SAFETY DEPARTMENT WHEREAS, the City of Richfield on behalf of its Housing and Redevelopment Authority and Public Safety Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity systems and tools over the five year life of the Agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE BE IT RESOLVED, that the City Council of Richfield, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Richfield on behalf of its Housing and Redevelopment Authority and Police Department, are hereby approved. Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it. 2. That the Richfield Public Safety Acting Director, Todd Sandell, or his/her successor, is designated the Authorized Representative for the Public Safety Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the Agreement, John Stark, Director Community Development Department is appointed as the Authorized Representative's designee. 3. That the Community Development Director, John Stark, or his/her successor, is designated the Authorized Representative for the Housing and Redevelopment Authority. The Authorized Representative is also authorized to sign any subsequent amendment or Agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 4. That Debbie Goettel, the Mayor of the City of Richfield and Nancy Gibb, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of April, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk SWIFT Contract#42912 a STATE OF MINNESOTA JOINT POWERS AGREEMENT CRIMINAL JUSTICE AGENCY This agreement is between the State of Minnesota,acting through its Depai tiiient of Public Safety, Bureau of Criminal Apprehension ("BCA") and the City of Richfield on behalf of its Housing and Redevelopment Authority("Agency"). Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in such agreements as are necessary to exercise their powers.Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit criminal justice agencies in Minnesota.The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition,BCA either maintains repositories of data or has access to repositories of data that benefit criminal justice agencies in performing their duties. Agency wants to access these data in support of its criminal justice duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access.BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network(CJDN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three(3)methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-computer system interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation,interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement,Agency employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition,pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA will provide Agency with access to the Federal Bureau of Investigation(FBI)National Crime Information Center. 1 SWIFT Contract#42912 2.4 Agency policies.Both the BCA and the FBI's Criminal Justice Information Systems (FBI-CJIS)have policies, regulations and laws on access, use, audit, dissemination,hit confirmation, logging, quality assurance, screening(pre- employment), security, timeliness, training,use of the system,and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations,as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at www.dps.state.mn.us/cj dn/. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency(i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and(iii) acceptance by BCA of Agency's written request for use of a specific system or tool. B. To facilitate changes in systems and tools,Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement,to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access.BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement,the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function needs to be provided to the BCA in writing by giving notice to the Service Desk,BCA.ServiceDesk @state.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7,there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA's transaction record meets FBI-CJIS requirements. When Agency's method of access is a computer to computer interface as described in Clause 2.2C,the Agency must keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. 2 SWIFT Contract#42912 If an Agency accesses and maintains data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety,Agency must have a transaction record of all access to the data that are maintained. The transaction record must include the individual user who requested access, and the date,time and content of the request. The transaction record must also include the date,time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six(6)years from the date the transaction occurred and must be made available to the BCA within one(1)business day of the BCA's request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy(see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs,that govern Agency's access to and/or submission of the Court Records delivered through the BCA systems and tools. 3 Payment The Agency currently accesses the criminal justice data communications network described in Minn. Stat. §299C.46. No charges will be assessed to the agency as a condition of this agreement. If Agency chooses to execute'the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, additional fees,if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz,Department of Public Safety,Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul,MN 55106, 651-793-1007, or her successor. The Agency's Authorized Representative is Steve Devich, City Manager, 6700 Portland Ave S,Richfield,MN 55423, (612) 861-9702, or his/her successor. 5 Assignment,Amendments,Waiver,and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, or their successors in office. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement,whether written or oral,may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act,Minn. Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act,Minn. Stat. Ch.466,governs the Agency's liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books,records, documents,internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books,records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books,records, documents, and accounting procedures and practices that are relevant to this Agreement. 3 SWIFT Contract#42912 146-5 7.2 Under applicable state and federal law,the Agency's records are subject to examination by the BCA to ensure compliance with laws,regulations and policies about access,use, and dissemination of data. 7.3 If Agency accesses federal databases,the Agency's records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law,Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected,received, stored,used,maintained, or disseminated by the Agency under this Agreement.The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems,the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90)but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e)requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of,access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment,may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause, "Individual User"means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal law, state law, and policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred,BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated.The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual User's access to BCA without delay. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 4 '' ^^ SWIFT Contract#42912 G lI/ 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause,upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here.Termination must be by written notice to the other party's authorized representative.The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However,the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available.Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature,or other funding source,not to appropriate funds.Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue. (THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 SWIFT Contract#42912 The parties indicate their agreement and authority to execute this Agreement by signing below. I. STATE ENCUMBRANCE VERIFICATION 3. DEPARTMENT OF PUBLIC SAFETY,BUREAU OF Individual certifies that funds have been encumbered as required CRIMINAL APPREHENSION by Minn.Stat.§§ 16A.15 and 16C.05. Name: Name: (PRINTED) (PRINTED) Signed: Signed: Date: Title: (with delegated authority) CFMS Contract No.A- Date: 2. AGENCY Name: 4. COMMISSIONER OF ADMINISTRATION (PRINTED) delegated to Materials Management Division Signed: By: Title: Date: (with delegated authority) Date: Name: (PRINTED) Signed: Title: (with delegated authority) Date: 6 AGENDA SECTION: PUB.HEARING AGENDA ITEM# 6 REPORT# 70 STAFF REPORT RICHFIELD CITY COUNCIL MEETING APRIL 10, 2012 REPORT PREPARED BY: CHRISTINE COSTELLO, COMMUNITY DEVELOPMENT SPECIALIST NAME,TITLE DEPARTMENT DIRECTOR REVIEW: r'I� rr`_ WED BY CITY MGER: 4AP! pà9 ' ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding preliminary and final plat approval for land located at 6501 and 6525 Lyndale Avenue (Lyndale Station). I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Approve a resolution granting final approval of a plat for land located at 6501 and 6525 Lyndale Avenue (Lyndale Station). II. BACKGROUND On August 9, 2011, the City Council approved a planned unit development plan for the former Kmart site, to be redeveloped by Wellington Management, Inc. (Wellington). The approved project includes three buildings: a 45,000 square foot L.A. Fitness; a 19,700 square-foot retail building and a 9,000 square foot restaurant (to be constructed as Phase II of the project). As part of the application process Wellington is required to plat the property. Per Statutory requirements, plats that abut County roads are required to be reviewed by Hennepin County's plat review committee. At the March 13th City Council meeting the applicant requested that the consideration of approval of the plat be postponed to April due to comments received from the County. The development originally had two right-in only driveways on 66th Street to serve traffic going westbound on 66th Street. After the County's review of the plan they 04102012-6501 Lyndale_Lyndale Station Plat.doc preferred that the two driveways be consolidated into one central driveway. This change will allow for right-in/right-out movements off of 66th Street and will also not conflict with the bus pull-out area at the northeast corner of 66th Street and Lyndale Avenue. Wellington has made the change that the County requested. III. BASIS OF RECOMMENDATION A. POLICY • All plats of land must be approved by the City Council. • Preliminary and final plats are typically processed and acted upon by the Council simultaneously. • The applicant must submit two sets of mylar versions of the plat to the City for signature by the Mayor and City Manager. • Plats must be recorded within 30 days of Council approval. B. CRITICAL TIMING ISSUES • Approval of the plat is necessary for the project to move forward. C. FINANCIAL • The required application fee has been paid. D. LEGAL • Notice of this public hearing has been published in the Sun Current Newspaper in accordance with notification requirements. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • N/A V. ATTACHMENTS • Resolution • Plat VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Alison Newton, Wellington Management Inc. (fi I RESOLUTION NO. RESOLUTION GRANTING FINAL APPROVAL OF A PLAT FOR 6501 AND 6525 LYNDALE AVENUE (LYNDALE STATION) WHEREAS, Wellington Management, Inc. ("Applicant"), has requested final approval to combine the property at 6501 and 6525 Lyndale Avenue (Lyndale Station), in the City of Richfield; and WHEREAS, the proposed subdivision is to be known as LYNDALE STATION; and WHEREAS, a public hearing was held on the proposed final plat of LYNDALE STATION on Tuesday, April 10, 2012 at which all interested persons were given the opportunity to be heard; and WHEREAS, the preliminary plat for LYNDALE STATION was approved by the City Council after a public hearing was held on April 10, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, as follows: 1. The proposed plat of LYNDALE STATION satisfies the requirements of the City's subdivision ordinances. 2. Final approval is granted to the Applicant for the plat LYNDALE STATION is contingent upon the following conditions: a). The Applicant must file the final plat with the Hennepin County Recorder or Registrar of Titles, within 30 days of the approval of this resolution; b). The Applicant must file a permanent cross access agreement between the parcels and provide a copy to the City; c). The Applicant must pay the required Storm Water Fee to the Richfield Public Works Department; and d). Staff is authorized to make changes as required by the Hennepin County Surveyor's Office. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of April, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk z. .. get =n _ t Vs i rn z am .a- 4 t i o9 .:-. o C rybgkE \�..� m O 3 Z F.-- i mV._ .D{° Z G2 fit. -:ll•� �. N p A P/�A'�/ N Z"'I Z ,✓� O I M n m m,r�Yp{S i'•a)� i' w .,.- 'Y F SOU W —C)C O !" c',.o O ° D i U _Ii.. ,. .,„.,. V III$ a s-. pa i r NEE,r.,OT O N-1 C) _^,/ k� '� i "' w per.% �I coo A ( I I I 1 d ' f gD, .,11 1## m J c \ \ ............ 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O ON 1 eh N •`* .�' a /� F� q II1i1biii ' 9 a i 1/1 ill . �Q r'T` It - 'b' AGENDA SECTION: RESOLUTION AGENDA ITEM#- 7 REPORT# 71 irillill STAFF REPORT RICHFIELD CITY COUNCIL MEETING APRIL 10, 2012 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER AME,TITLE DEPARTMENT DIRECTOR ® '. REVIEW: r r a A jor ' SIGNATURE F' REVIEWED BY CITY _."/ , if MANAGER: A` _ ITEM FOR COUNCIL CONSIDERATION: Consider a request for site plan approval to allow the use of approximately 5,000 square feet of currently vacant space for general office use at 6328 Penn Avenue. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution granting site plan approval for general office and warehouse use at 6328 Penn Avenue. II. BACKGROUND The property at 6328 Penn Avenue was formerly the home of GCO Carpet Outlet. The property was purchased by Fraser School in 2008 as part of their long-term expansion plan. Fraser also owns the property to the south, 6344 Penn Avenue. Since 2008, Fraser has been using the existing warehouse space at 6328 Penn Avenue, but the retail and office portion of the building has been vacant. Fraser now proposes to remodel approximately 5,000 square feet of the building for general office use and continue to use the remaining 9,000 square feet as warehouse. 041012 - 6328 Penn Ave - SP III. BASIS OF RECOMMENDATION A. POLICY • A change in the use of a building (vacant/warehouse) requires site plan approval. • In evaluating a site plan, the Council shall consider its compliance with the following: • Consistency with the various elements and objectives of the City's long range plans, including, but not limited to, the Comprehensive Plan. The Penn Avenue Corridor is designated as Mixed Use in the Comprehensive Plan. The intent of the designation is to create a traditional neighborhood center that accommodates residential, shopping, recreational and business uses. The addition of office use to this building, along with the proposed landscaping improvements will move this property in the direction contemplated by the Comprehensive Plan. • Consistency with the purposes of the Zoning Code. The proposal is in keeping with the purposes of the Zoning Code and Mixed Use— Community and Penn Avenue Corridor Overlay Districts. • Preservation of the site in its natural state, insofar as practicable, by minimizing tree and soil removal, and designing any grade changes so as to be in keeping with the general appearance of neighboring developed or developing areas. N/A • Creation of a harmonious relationship of buildings and open spaces with the terrain and with existing and future buildings having a visual relationship to the proposed development. Landscaping and building façade improvements along Penn Avenue will improve the property's appearance and be in keeping with the Penn Avenue Corridor Design Guidelines. • Creation of a functional and harmonious design for structures and site features including: • Creation of an internal sense of order for the various functions and buildings on the site and provision of a desirable environment for occupants, visitors and the general community. See comments below, related to internal circulation. • Appropriateness of the amount and arrangement of open space and landscaping to the design and function of the development. Impervious surface and landscaping requirements are not met; however, given parking requirements the proposed landscaping is appropriate. The proposal includes screening of the front parking lot in accordance with the Penn Avenue Design Guidelines. • Appropriateness of the materials, textures, colors and details of construction as an expression of the design concept of the project and the compatibility of the same with the adjacent and neighboring structures and functions. N/A • Adequacy of vehicular, cycling and pedestrian circulation, including walkways, interior drives and parking, in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian, cycling and vehicular traffic and arrangement and amount of parking so as to be safe, convenient and, insofar as practicable, compatible with the design of proposed buildings, structures and neighboring properties. An off-street parking permit was approved for this site in 1992; however, the existing layout does not comply with either that site plan or current Code requirements. Staff feels that it is important to correct deficiencies related to parking stalls and aisles in order to provide safe passage throughout the site. Code requirements call for 25 parking stalls. There are a couple of different options by which the applicant could meet both stall and dimensional requirements. One option would allow for all parking to be provided on-site; a second option would require a shared parking agreement between this property and Fraser's adjacent property to the south (6344 Penn Avenue). Staff is open to either option. Any approval should be conditioned upon submittal of a revised site plan that meets current parking stall and aisle requirements. • Creation of an energy-conserving design through design location, orientation and elevation of structures, the use and location of glass in structures, and the use of landscape materials and site grading. N/A • Protection of adjacent and neighboring properties through reasonable provisions for such matters as surface water drainage, sound and sight buffers, preservation of views, light and air, and those aspects of design, not adequately covered by other regulations, which may have substantial effects on neighboring land uses. No impact to adjacent properties is anticipated. B. CRITICAL TIMING ISSUES • 60-DAY RULE: The 60-day clock 'started' when a complete application was received on March 12, 2012. A decision is required by May 11, 2012 OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision. • Site plan approval expires one year from issuance if the use for which it was granted has not commenced. C. FINANCIAL • The required application processing fee has been paid. D. LEGAL • A public hearing to consider the proposed request was held before the Planning Commission on March 26, 2012. • Notice of the public hearing before the Planning Commission was sent to properties within 350 feet and published in the Sun Current Newspaper in accordance with State and Local requirements. • The Planning Commission recommended approval of the request (8- 0). E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Approve of the request with additional/modified stipulations. • Deny the request with findings that it does not meet requirements. V. ATTACHMENTS • Resolution • Survey, landscape plan • Planning & zoning maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Dave Halsey, Fraser RESOLUTION NO. RESOLUTION GRANTING APPROVAL OF A SITE PLAN FOR 6328 PENN AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of site plan for the parcel of land located at 6328 Penn Avenue, legally described as: Parcel 1: That part of the East 330 feet of the South 1/2 of the East 3/8 of the East 1/2 of the North 1/2 of the Northeast Quarter lying South of the North 396 feet thereof, except the South 180.5 feet thereof, Section 29, Township 28, Range 24, Hennepin County, Minnesota Together with Parcel 2: The non-exclusive driveway easement set forth in the Warranty Deed recorded as Document No. 1205403 in the office of the Registrar of Titles, Hennepin County, Minnesota WHEREAS, the requested site plan has been reviewed by the City Council and meets City requirements; and WHEREAS, the proposed site plan will adequately serve the purpose for which it is proposed and will not have an adverse effect upon the public safety or general welfare; and WHEREAS, the City has fully considered the request for approval for the site plan amendment; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. That the proposed use of the existing building at the above address for 5,004 square feet of office space and 8,951 square feet of warehouse space, is hereby approved. 2. A revised site plan including parking stalls and aisles that meet current requirements must be submitted to and approved by the Community Development Director prior to the issuance of any permits. 3. The approved use requires 25 parking spaces to be provided either on-site or in a recorded agreement with the property located at 6344 Penn Avenue; 4. All parking spaces must be accessible year round. 5. All landscaping must be continuously maintained and not be unsightly in appearance or in a state of disrepair. 6. Obtain a Boulevard Feature Permit for any work that needs to be done within the boulevard. 7. The City will not issue the Certificate of Occupancy until these stipulations are met and/or an Escrow or Letter of Credit is provided for incomplete improvements. 8. Separate sign permits are required. 1 - a 9. Trash may not be stored outside of the building. 10.This site plan approval shall expire one year from the date of approval unless a building permit has been obtained and construction of the project begun; or an extension has been requested and issued by the City Council, as required by Section 547.13, Subd. 9 of the City Code. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of April 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 0 7/r r r i 1..n.� Ym 11,2012-7i1gn P.oIfneoVO4\0000.L'WS-fm+eA0E221\91\f1D\Frour_632.8 Floor Plm.d.g mYj . • I •. <..• 'UI • M ;;�1.,OYAQ •N �p�4'-£ 15� 3q 9N11 �,53Nw " fOF E•01> " jN1 ; 2: k(,. .9 ,w ia m Easl iN r •a -I' l 6IV.D.©ii ,V N �V {20 •"' ' ';. t �I - t�`�J I L ale!HS ntla 0141211V.323 o l 7 °r� -P 1 r . . . fQYSOLI'W!N> �0-'i»37LiS'Y3 Atl.K3NLl1 3NI7 L`Y3-� .' , 4= • , » N ' • C° _6 - �• ei3 co D In 3-i O I 7 ro-10,m ? 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Z N A 7' y m C a A I • D m CA a N co �3 ° -o m m e °mom 0 ♦ � (n i z M Q G O 7C • 0 C s�o zzwD 11 r-ri -1 g f m s u° -' m 0 I sit, r to GA T : p R z o O _ a) 0 -:, = trt (iuw CI E Ctoo CIS CI• 't 44 in tie U) 40a• CI4 Co); •� D zs a� V1 as y M y a �-- H • •t -t o z s• 4 o 0 g O 4 I c VI 0 pi p N Ctt O ;11 = 0:1 - 4 Q Alt 0 CD 1 , 0 ' 61 II C . 0 0 6328 Penn Ave '7--5 __ Site Plan 3/2012 Comprehensive Plan Designations LDR LDR MIXED MIXED MIXED MIXED LDR LDR LDR LDR LDR MIX MIXED LDR _ LDR L•' MIXED MIXED LDR LDR LDR MIXED ED LDR W W Q MIRE Q LDR LDR LDR z MIXED W LDR w MIXED MIXED > LDR W LDR LDR MIXED d 0 MIXED MIXED LDR LDR LDR MIXED MIXED LDR LDR LDR MIXED MIXED MIXED LDR LDR MIXED LDR LDR LD ri�O MIXED LDR LDR LD MIXED MIXED LDR 64TH ST , LDR MIXED LDR LDR LDR MIXED MIXED LDR LDR MIXED LDR LDR MIXED - LDR SCH LDR MIXED MIXED LDR LDR MIXED LDR LDR MIXED MIXED MIXED MIXED LDR J LDR LDR LDR MIXED MIXED MIXED LDR LDR LDR L IIgj IDR Hn IX R HDR MIXED MED MED___ IX N LEGEND A MIXED-Mixed Use LDR- Low Density Residential 0 62.5 125 250 375 500 = I Feet 1 I:\GIS\Community Development\Staff\Melissa\Projects\Zoning Cases\6328 Penn =CP.mxd � , 6328 Penn Ave Site Plan 3/2012 Surrounding Zoning R U-C/PAC MU-C i:i: R O R MU-C/PAC ' R R MU-C/PAC MU-C/PAC - R R MU-C/PAC R () IC MU-C/PAC MU-C/PAC MU-C/PAC 64TH ST MU-C/PA MU-C/PAC U-C/PAC - I MR-3 (v LEGEND A MU-C/ PAC - Mixed Use Community & Penn Ave Overlay R-Single Family Residential MR-3 - High Density Residential 0 62.5 125 250 375 500 Feet I:\GIS\Community Development\Staff\Melissa\Projects\Zoning Cases\6315 Penn -Zoning.mxd AGENDA SECTION: RESOLUTION AGENDA ITEM# 8 REPORT# 72 STAFF REPORT RICHFIELD CITY COUNCIL MEETING APRIL 10, 2012 REPORT PREPARED BY: JESSE SWENSON, HUMAN RESOURCES COORDINATOR NAME,TITLE DEPARTMENT DIRECTOR 4 REVIEW: _ � SIGNATURE REVIEWED BY CITY MANAGER: /��L/gip :.:• 1!..L.� ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the contract with International Association of Firefighters Local 1215 for the contract period January 1, 2012 through December 31, 2012. I. RECOMMENDED ACTION: By Motion: Adopt the resolution approving the provisions of the 2012 labor agreement with the International Association of Firefighters Local 1215 bargaining unit and authorize the City Manager to execute the agreement. II. BACKGROUND City staff has completed labor negotiations with the International Association of Firefighters Local 1215 (Union). The provisions of the contract agreement for 2012 cover all the employees in this Union. There are currently twenty-four employees represented in this unit. Upon ratification of this contract, all of the City's five bargaining units, as well as General Services and Management employees, will have received a one percent wage adjustment effective January 1, 2012 and a one percent wage adjustment July 1, 2012. The tentatively approved one year contract settlement includes the following significant changes: 0410Firefighter contract Wages A one percent wage adjustment effective January 1 2012, with an additional one percent increase effective July 1 2012. Health Insurance A $0 increase to the Employer health insurance contribution which provides full coverage at the High Option plan for single Employee at $616.50 per month, $915 per month for Employee plus spouse or Employee plus child(ren) coverage and $965 per month for Employee plus family coverage. For Employees who select the single tier $2500 High Deductible Health Plan option, the Employer will contribute a maximum of$250 per month into the Employee's Health Savings Plan. The City received a decrease in health insurance premiums for 2012 from the new carrier, Blue Cross Blue Shield. The entire savings was passed on to the employees in lieu of an increase in City contributions. A $2 increase to the Employer contribution for Employee single dental insurance coverage at $40 per month. Clothing Allowance A $15 increase to the annual clothing allowance, from $570 to $585. III. BASIS OF RECOMMENDATION A. POLICY • The City has met and negotiated in good faith with the Union and its representatives and is bound under the Public Employer's Labor Relations Act to meet and bargain over the terms and conditions of employment. • The proposed settlement for the health and dental provisions is identical to those provided to non-union City employees as well as to the other four unions. The City has a long history of providing the same level of insurance benefits to all eligible City employees. • The wage settlement and health insurance provision is well within the range for other comparable bargaining groups in similar metro cities. The vast majority of Logis groups passed the health insurance premium savings onto their employees. B. CRITICAL TIMING ISSUES • In order to allow the City's accounting personnel to modify payroll records in a timely manner for 2012 wages and benefits, it is recommended that the City Council act on April 10, 2012 to adopt the attached resolution providing for contract changes, effective January 1, 2012. C. FINANCIAL • One percent wage increase effective January 1 2012 and one percent wage increase effective July 1 2012, for contract year 2012. • A $2 per month increase in Employer monthly contribution towards employee single dental insurance in 2012. • A $15 increase to the clothing allowance in 2012. D. LEGAL • If the terms of this agreement are not approved, further negotiation and/or mediation will be necessary. E. ENVIRONMENTAL CONSIDERATIONS • NA IV. ALTERNATIVE RECOMMENDATIONS) • Do not approve the terms of this agreement and prepare for further negotiation and/or mediation. • Defer discussion to another date. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 1215 BARGAINING UNIT FOR THE YEAR 2012 WHEREAS, the City Manager and the Richfield Firefighters IAFF Local 1215 have reached an understanding concerning conditions of employment for year 2012; and WHEREAS, it would be inappropriate to penalize IAFF Local 1215 members who have negotiated in good faith; and WHEREAS, the City Ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be completed by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City of Richfield and IAFF Local 1215 Bargaining Unit for year 2012 under the provisions of the Labor Agreement to be implemented, effective January 1, 2012, and authorize the City Manager to execute the contract. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of April, 2012. Debbie Goettel Mayor ATTEST: Nancy Gibbs City Clerk AGENDA SECTION: OTHER BUS. AGENDA ITEM# 9 REPORT# 73 STAFF REPORT RICHFIELD CITY COUNCIL MEETING APRIL 10, 2012 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: ft)-.°- " i / * , f SIGMA J'vr REVIEWED BY CITY MANAGER: A" /___ - fr- ITEM FOR COUNCIL CONSIDERATION: Consideration to approve a contract with Spohn Ranch Skateparks to design and build a tier one skateboard facility in Augsburg Park in the amount of$85,250. I. RECOMMENDED ACTION: Motion to approve a contract with Spohn Ranch Skateparks to design and build a tier one skateboard facility in Augsburg Park in the amount of $85,250. II. BACKGROUND At the conclusion of a public hearing on June 28, 2011, City Council authorized staff to advertise a revised Request for Proposal for design and construction of a tier-one skate park in Augsburg Park. Two designs were received and a selection committee chose the design offered by Spohn Ranch Skateparks. Spohn Ranch's original design was then modified to include height level changes in two of the corners so that gravity could be used to help propel the skaters around the facility. The enhanced design will cost $40,933 more than originally budgeted, however, a local contractor was asked to consider bidding on the project with a discounted price. The favorable pricing received from Ron Kasa Concrete gave the enhanced project considerable savings. DESIGN DESCRIPTION (see attached schematics) -The selected design is a structure that is attached to the existing basketball court located in Augsburg Park 0410 Augsburg Park Skate Park Contract with the assumption that the court would be used for skateboarding as is or for potential future expansion of the facility. The new structure would be constructed in the east side of the basketball court with poured-in-place concrete including stainless steel railings and coping. The dimensions of the structure are 54 ft. x 98 ft. with 3,700 square feet of skate-able area. There are no drains needed in this design. Spohn Ranch offers a 12-Month Materials and Workmanship Guarantee. If approved, the project will begin in May, 2012, and will be ready for use this upcoming season. III. BASIS OF RECOMMENDATION A. POLICY • A contract to design and build a skate park in a Richfield park requires Council approval. Although a public hearing was not required upon executing such a contract, it has been past practice to seek feedback from and to notify the community of all major park improvements. B. CRITICAL TIMING ISSUES • Because of the recent warm weather, frost restrictions have already been lifted and construction of a concrete skate park can begin at anytime this spring. C. FINANCIAL • Total project costs include: $ 91,452 Design and Construction including Sales Tax $ 2,500 Concrete Testing and Supervision $ 3,621 Soil Testing & Site Surveys $ 13,360 Import Granular Fill and Export Organic Soil $110,933 Total Project Cost • The cost of the Augsburg Skate Park is comparable to other recently constructed pour-in place skate parks in Minnesota based upon square footage costs. The below table is a collection of projects that were completed in the last year or are in progress. Park Square Footage Total Cost Cost per Square Foot Richfield Proposed 5,289 $110,933 $20.97 Plymouth 10,000 $209,405 $20.94 Bemidji 18,000 $356,000 $19.78 St. Cloud 25,000 $576,805 $23.07 • The project is included in the 2010 Capital Improvement Budget in the amount of$70,000. The 2012 Capital Improvement Budget will be revised to reflect the additional $40,933 to fund the project. D. LEGAL • The City Attorney has reviewed the attached contract. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATIONS) • The Community Services Commission recommends the modified design offered by Spohn Ranch as a great skating facility; however the Council may choose to pass on the contract to abandon the project or to proceed working on a new design. V. ATTACHMENTS • Design Schematics VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Some members of the Community Services and Resident Roger Schmidt may be attending the meeting. G_ I Page 1 0120 saohn raoeh all Irma HEANdle TrueRidel rianuTY SPOHN RANCH SKATEPARKS _ ,.._ „:...... ... ,„,,,, RICHFIELD, MN RECREATION SERVICES SKATEPARK DESIGN-BUILD AGREEMENT 10-1514-IN F°.,i �,,; ''s as ✓ w s�' ,✓,r;*,3✓»vrtt : � ✓ ,a' .a �u to phone 877-489-3539—fax 626-330-5803—www.spohnranch.com—info @spohnranch.com 15131 B Clark Ave.City of Industry,CA 91745 398713v3 CAR 1X160-7 Page 2 of 20 spirits ranch i 0 ItoititEn e SPOHN RANCH SKATEPARKS RICHFIELD, MN RECREATION SERVICES SKATEPARK DESIGN-BUILD AGREEMENT 10-1514-IN s = S: field, a Minnesota municipal corporation,with an address at 6700 Portland Avenue, 5423 ("Client"), and Spohn Ranch, Inc., a California Corporation, ("Spohn"or cated at 15131 Clark Avenue, Unit B, City of Industry, CA 91745, (collectively, ee enter into this Design-Build Agreement("Agreement") effective on PROD WHEREAS, Richfield Re = � '° � _. �° . 'services from Spohn Ranch, Inc. for the roughly 5,000 square foot ac ion sports space at Augsburg Park in the City of Richfield, Minnesota. NOW, THEREFORE, the Parties agree as follows: 1. Scope of Work. Contractor agrees to provide or arrange for the design and construction services set forth in Exhibit A hereto (the "Work"). Included in Exhibit A is the project description and the Parties' responsibilities. The Work shall include all obligations, duties, requirements, and responsibilities required for the successful completion of the Work in accordance with the terms and conditions set forth herein. 2. Contract Documents. The documents comprising this Agreement("Contract Documents") shall be: (1) this Agreement; (2) Exhibit A --Scope of Work (3) Exhibit B -- Facility/Course List and Associated Project Fees (4) Exhibit C --Additional Hourly Rates phone 877-489-3539—fax 626-330-5803—www.spohnranch.com—info @spohnranch.com 15131 B Clark Ave.City of Industry,CA 91745 Page 3 of 20 contra ranch 0 TrueRide 1130-HEAUTYvY (5) Exhibit D --Spohn's Terms and Conditions("T&C") (6) Exhibit E --Warranty The Contract Documents are intended to supplement one another and should be so construed to the extent possible and reasonable. In the event of a conflict among one or more of the Contract Documents, this Agreement shall govern. The remainder of the Contract Documents shall take priority based on the order set forth in this Section. Spohn shall be entitled to reasonably rely on the accuracy of any information prepared by Client or other information set forth in Client's project criteria, including any performance pecifications; and (b) Spohn shall be entitled to an equitable adjustment in the Contract ice and/or Contract Time(s)to the extent Spohn's cost and/or time of performance have adversely impacted by such inaccurate design information. Fees, Expenses &Authorization to Proceed. The Project fees and costs are gp { ,f r Exhibit B. The Parties understand and agree that all work not specified within Work shall be billed on a time and materials basis. Such Work shall be in 4 •udget, bid, or guaranteed maximum price agreement, including any price eement or Exhibit B for the Work. Hourly rates for additional work are •dditional materials shall be on an effective net-cost basis. . All • y +difications to the Scope of Work must be approved by written _ x N •e in cost must be identified in the written change order rA A t authorizes Spohn to proceed with the Wor. 4. � enses Pa a $ j£ ! •• • • c #" shall be � Ez ._• The provisions of the Minnesota pro • , • is Agreement and are incorporated herein by reference. Spohn shall notify Client when Spohn considers the Project ready for Client's use. Upon receipt of that notice, Client shall have three (3)days to notify Spohn of any claimed deficiencies in the Work that are discoverable upon exercise of reasonable diligence, otherwise, the Work shall be deemed complete ("Project Completion"). Project Completion may occur earlier in the event that Client acknowledges the same in writing, including Spohn's form designated for such purposes. Project Completion commences the one-year warranty period provided in Exhibit E. All written communications described in this Section shall be transmitted pursuant to the Notices Section, below. 5. Ownership of Work Product. All drawings, specifications and other documents and electronic data, including such documents identified in the Contract Documents, furnished by Spohn to Client under this Agreement("Work Product") are deemed to be instruments of service. Spohn shall retain ownership and property interests to all Work Product, including but not limited to any Intellectual Property rights, copyrights and/or patents, subject to the provisions set forth below. phone 877-489-3539—fax 626-330-5803—www.spohnranch.com—info @spohnranch.com 15131B Clark Ave.City of Industry,CA 91745 398713v3 CAH RC160-7 Page 4 of 20 carotin ranch HEAVY r eRk de H3oury 6. Intellectual Property Rights. This term means all licenses, trade secrets, copyrights, patents, trademarks, proprietary information and other rights related to the Work or otherwise necessary for the design and maintenance of the Project, including all Project- related documents, models, computer drawings and other electronic expressions, and other expressions. Use of Design. A. Client's Limited License upon Proiect Completion and Payment in Full. Upon Client's payment in full for all Work performed under the Contract Documents, Spohn shall grant Client a limited license to use the Work Product in connection with Client's occupancy of the Project (including marketing and operation of the Project), conditioned on Client's express understanding that its alteration of the Work Product without the involvement u, of Spohn is at Client's sole risk and without liability or legal exposure to pohn or anyone working by or through Spohn ("Indemnified Parties"), and he Client's obligation to provide the indemnity set forth below. Client shall e, nor cause to be used, any of the aforementioned documents or other •n on another project or for completion of this project by others _" "' pressed, written consent of Spohn. This provision shall 1 --tuity or so long as is allowable under applicable law.T • he confidential, proprietary, and trade secr asonable and diligent effort • e"" .� 2 � )t � �� • v � � W t maintained in goo. .;, z m °��- , Client shall inform the recipient of Clien s Im es an. specific license in writing. B. Client's Limited License upon Spohn's Election to Terminate. If Spohn elects to terminate this Agreement due to a material breach by Client, Spohn shall, upon Client's payment in full of the amounts due under the Contract Documents, grant Client a limited license to use the Work Product to complete the Project and subsequently occupy the Project, and Client shall thereafter have the same rights as set forth above, conditioned on the following: Use of the Work Product is at Client's sole risk without liability or legal exposure to Spohn and on the Client's obligation to provide the indemnity set forth in this Section 5. C. Client's Limited License upon Spohn's Default. If this Agreement is terminated due to Spohn's default then Spohn grants Client a limited license to use the Work Product to complete the Project and subsequently occupy the Project, and Client shall thereafter have the same rights and obligations as set forth sub-Section A, above. D. Client's Indemnification for Use of Work Product. If Client is required to phone 877-489-3539—fax 626-330-5803—www.spohnranch.com—info @spohnranch.com 15131 B Clark Ave.City of Industry,CA 91745 i l 5 Page 5 of 20 59oha ranch WeiLETE- r e i e H3DHEAUTYw ' indemnify any Indemnified Parties based on the use or alteration of the Work Product under any of the circumstances identified in this Section, Client shall defend, indemnify and hold harmless such Indemnified Parties from and against any and all claims, damages, liabilities, losses and expenses, including attorneys'fees and any other litigation related fee, arising out of or resulting from the use (if indemnification is required Section 7.B. above) or alteration (if indemnification is required by Section 7.A above) of the Work Product. Design Credit. Should Client consent or otherwise cause images or other information elating to the Project be published in a book, magazine, newspaper, publication,web site, •g or other means of circulation, or if a job sign is erected, "Spohn Ranch" shall be • as the Project Designer and Project Builder. This provision shall continue in uity or so long as is allowable under applicable law. Client agrees to notify Spohn blicity-related actions when known; and to enable Spohn to advise and consent hat involve Spohn's brand or Intellectual Property. In addition, Client hereby acknowledges Spohn's right to publicize the Project in any reasonable to the limitation that Spohn shall not publicize the Project until Client has c a f a K e noua the full Client fide t al or proprietary ri nformation if the Client Sohn in writing of the specific information considered by the ••netary. 9. (- •- • ; , .ith a preliminary schedule f• de _ '00'e ( e - J . ;F 33� s�, � 0' �� .- 3 - .�_`° and shall starting a � � .. , contain the necess- 4ki= liE a progress of the Work. The schedule may be revised as is necessi a e• •y the conditions of the Work and for those conditions and events which are beyond the Spohn's control. Each party shall acknowledge and approve, in a writing, any schedule changes. Approval shall not be unreasonably withheld. 10. Project Commencement and Completion. Unless otherwise expressly noted, the term completion in this Agreement shall mean substantial completion. Substantial Completion is the stage of progress when the Work or a designated portion thereof is sufficiently complete in accordance with this Agreement so that the Client can occupy or use the Work for its intended use. The contract time is the time within which Spohn is to achieve substantial completion of the Work, subject to adjustments as set forth in this Agreement. A. Substantial Completion of the Work shall be achieved no later than May 1, 2012, except as otherwise provided in Exhibit A. ("Scheduled Substantial Completion Date"). B. Interim milestones and/or Substantial Completion of identified portions of the Work("Scheduled Interim Milestone Dates") shall be achieved in accordance with Exhibits A and B. phone 877-489-3539—fax 626-330-5803—www.spohnranch.com—info @spohnranch.com 15131B Clark Ave.City of Industry,CA 91745 398713v3 CAH RC160-7 Page 6 of 20 who ranch HEAVY 11. Indemnity and Limitation of Liability. Spohn shall indemnify and hold harmless Client, their agents and employees from claims, demands, causes of actions and liabilities of arising out of or in connection with Spohn's services provided pursuant to this Agreement that are solely and proximately caused by Spohn's negligence or willful misconduct; provided, that Spohn shall not be obligated to k � indemnify Client in any amount in excess of the professional liability insurance provided under section 23 of this Agreement. Client shall indemnify and hold harmless Spohn Ranch, Inc. and their agents and employees from claims, demands, causes of actions and liabilities of arising out of or in connection with Client's acts and omissions performed ursuant to this Agreement that are solely and proximately caused by Client's negligence willful misconduct. Client shall not be obligated to indemnify Spohn in any amount in ss of the limitations of liability set forth in Minnesota Statutes, Chapter 466. In the hat claims, demands, causes of actions, or liabilities arising out of or in connection hn's performance under this Agreement are jointly and proximately caused by the pohn and Client, each party shall bear its own attorney's fees and costs of suit, # +� all be apportioned pursuant to the relative fault of each party. In any case fees, expert witness or other litigation related-fees or expenses, or costs ees") have been advanced or paid under this Section ("Advanced arbitrator adjudicates that the indemnifying party should not bear -d party or parties shall be liable for those amounts; and ed to any prevailing party in a dispute relating to the ent Advanced Fees. 12. Di T� when " ' Y s known th- °��f�� r � � � � �� 13. Confidentiality. Due to the nature o e'roject, each parties' employees, officers, agents, and affiliates may be privy to information regarding one another's business operations which one or the other regards as confidential or proprietary. The parties shall only disclose such information to such persons as is reasonably necessary to complete the Project and only if such persons agree to maintain the confidentiality of such information in a written agreement, subject to applicable laws. This Agreement, and all data created, collected, received, stored, used, maintained or disseminated by either part in performing this Agreement, are subject to the requirements of the Minnesota Government Data Practices Act, Minn. Stat. c. 13. Spohn acknowledges that it is required to comply with the Act and that the remedies provided in Minn. Stat. §13.08 apply to Spohn with respect to such data. 14. Warranty. Construction will be warranted as outlined in Exhibit E—Warranty. 15. Severability. The parties agree that each of the provisions included in this Agreement is separate, distinct and severable from the other and remaining provisions of this Agreement, and that the invalidity or unenforceability of any Agreement provision shall not affect the validity or enforceability of any other provision or provisions of this Agreement. Provided however, if such provision may be modified so as to be valid as a matter of law, then the phone 877-489-3539—fax 626-330-5803—www.spohnranch.com—info @spohnranch.com 15131 B Clark Ave.City of Industry,CA 91745 C IPage 7 of 20 I who ranch socokigturrE r eRi a provision shall be deemed to be modified so as to be enforceable to the maximum extent permitted. 16. Default. In the event of a default of any provision of this Agreement the non-defaulting party shall provide written notice describing the default and what methods the non- defaulting party deems necessary to cure said default. If, after ten (10) days after receiving such a notice, the defaulting party has not cured then, the non-defaulting party shall have the right to terminate this Agreement upon written notice. Any and all sums that have been earned, including out of pocket expenses, shall remain due and payable notwithstanding any termination pursuant to this section. For purpose hereof, any failure of b " lient to pay sums due under this Agreement for a period of sixty-(60) days shall be emed justifiable grounds for declaration of default. nsion of Work. Suspension in Lieu of Termination. In the event Spohn has the right to minate as set forth above, Spohn may, at its sole and absolute discretion, •e to suspend performance of services under this Agreement. If Spohn "z ' f • suspend services, Spohn shall give 10 days'written notice to Client .ending services. f $" 'on. If Client suspends the Project, Spohn shall beY� _ << s performed prior to notice of such suspen • hall be compensated for re • g -s • • � ; m •rthe m "Y � 6 �: ' -• usted. Any suspens• _ • o terminate upon 30 days'written notice. 18. Professional Reports. The Client shall furnish, for the site of the Project, topographical surveys describing the physical characteristics; soils reports and subsurface investigations; legal limitations; utility locations; and a legal description, including a property survey and Project benchmark. The Client agrees to assume responsibility for personal and/or property damage due to Spohn's interference with subterranean structures such as pipes, tanks and utility lilies that are not correctly shown on the documents or that are not contained in written information provided prior to the commencement of the Work. Spohn shall be entitled to reasonably rely on the accuracy of any information prepared by Client or other information set forth in Client's project criteria, including any performance specifications; and (b) Spohn shall be entitled to an equitable adjustment in the Contract Price and/or Contract Time(s)to the extent Spohn's cost and/or time of performance have been adversely impacted by such inaccurate design specification. 19. Delay. If Spohn is delayed at any time in the progress of the Project by any act of the Client, or any separate contractor employed by the Client or by the action of any governmental agency or regulatory body, or by change orders in the Project, or by labor phone 877-489-3539—fax 626-330-5803—www.spohnranch.com—info@spohnranch.com 15131B Clark Ave.City of Industry,CA 91745 398713v3 CAH RC 160-7 Page 8 of 20 shahs ranch; I L 1 'rIeRk � HEAVY disputes, fire, unusual delay in transportation, unusual delay in issuance of building permits or zoning or utility services, unusual delay or shortages in material supplies, adverse weather conditions not reasonably anticipatable, unavoidable casualties, acts of God, or any other causes beyond the Spohn's reasonable control, then the time within which the Work is to be completed shall be adjusted accordingly. If Spohn is delayed by any act of Client or by any separate contractor employed by Client or for any other cause for which the Client is responsible, then in addition to an extension of the contract time, Spohn will be compensated for all costs which it incurs as a result of such delay, and a zi y tiE change order will be issued therefore. Spohn must promptly notify Client of any delay for rte. which Spohn intends to request a time extension or a change order for additional ompensation. -)3'ce. Any notice to the parties required under this Agreement shall be in writing (unless a ise specified in this Agreement), delivered to the person below for the parties at the .= • -� address unless otherwise designated in writing. Only mailing by United States q?lassreturn-receipt, courier(i.e. UPS, Federal Express, etc), personal delivery or .ble methods shall be used Notices are deemed delivered when actually facie evidence of receipt shall be any type of delivery receipt provided by • means of delivery). All notices shall be sent to .._ Client: k w Richfield, Minnesota Recreation Services 7000 Nicollet Avenue . Thfield, MN 55423 ' A a> 21. Governing Law. rued and enforced in accordance with the laws of the Sta e o inneso a,without regard to conflict of law principles. 22. Attorney's Fees. In the event of any action, suit, arbitration, or other proceeding of any nature is brought in connection with the payment terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees, expert-witness fees, other litigation costs and fees (e.g., deposition costs, trial preparation costs, etc.), and other costs and expenses of suit. 23. Insurance. Spohn shall, at its expense, procure and maintain insurance with carriers acceptable to Client, and in amounts set forth below. Client shall be an additional insured on such insurance. Contractor shall provide certificates of insurance to Client upon request. The certificates of insurance shall provide that there will be no cancellation nor reduction of coverage without thirty (30) days prior written notice to Client. Required coverage amounts: a. Workers Compensation and Employers Liability insurance in the amount of $1,000,000; phone 877-489-3539—fax 626-330-5803—www.spohnranch.com—info @spohnranch.com 15131 B Clark Ave.City of Industry,CA 91745 Page 9 of 20 snobs raocn„ HEAVY 0 r �Rl o b. Automobile Coverage for all Owned, Non-Owned and Hired vehicles in the amount of$1,000,000 per occurrence, $2,000,000 aggregate; c. Comprehensive General Liability or Commercial General Liability insurance covering all operations or job specific in the amount of $1,000,000 per occurrence, $2,000,000 aggregate; d. Excess Liability/Umbrella Insurance in the amount of$9,000,000; and e. Errors and Omissions/ Professional Liability insurance in the amount of $1,000,000 per occurrence, $1,000,000 aggregate. Assignment. Any attempt to assign or delegate the rights and obligations of either party is }: ull and void except as to affiliates,wholly owned subsidiaries, or any a lender providing fcr' -ncing for the Project if the lender agrees to assume the Client's rights and obligations -r this agreement and Spohn consents to such an assignment,which consent may only held on the grounds that, in good faith, Spohn does not believe that assignee lender 'II render full performance of the obligations and duties set forth herein. Ri•hts. Nothing contained in this Agreement shall create a contractual or a cause of action in favor of a third party against either the Client or z / n require that any contracts entered into with others for r he Work incorporate by reference similar provisions f• 27. Re �= # M • • � 33 qof the Contract _ �� ;b� red to create the relationship of princlp- �� een the Parties. 28. Entire Agreement. This Agreement embodies the entire agreement of the parties on the subject matter herein. No amendment or modification of this Agreement shall be valid or binding upon unless made in writing and signed by the parties hereto. All prior understandings and agreements relating to the subject matter of this Agreement are hereby expressly superseded and merged into this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement for themselves, their heirs, executors, successors, administrators and assignees this day of September, 2011. CITY OF RICHFIELD By: Date Steven L. Devich City Manager SPOHN RANCH, INC. phone 877-489-3539—fax 626-330-5803—www.spohnranch.com—info @spohnranch.com 15131 B Clark Ave.City of Industry,CA 91745 398713v3 CAH RC160-7 9 I Page 10 of 20 al 111w111-1EANPVI Soeh6 ranch SGettAlelLE Truea By: Kirsten Bradford Date CEO, Spohn Ranch, Inc. 7('&'('• L 3vA z 1y k j YS3; f _ 7. ✓ xi A { Sufi vi.-Rf ,'^___ ,w ,9nE ",, a � phone 877-489-3539—fax 626-330-5803—www.spohnranch.com—info @spohnranch.com 15131B Clark Ave.City of Industry,CA 91745 I I Page 11 of 20 sflahn ranch o _ rueR 13 T I EXHIBIT A-PROJECT SCOPE A. Services To Be Rendered. Spohn will provide: o Action sports course conceptual design for state of the art facility o Design reviews, meetings, webinars and phone conferences as needed o Complete construction documentation which shall be that which, in Spohn's reasoned and sole judgment, is reasonably necessary for construction of an action sports course Complete construction services for the action sports courses, including: o All labor, services, materials, installation, cartage, supplies, equipment, tools and other facilities of every kind and description required for the prompt and efficient execution of the work described herein and to perform the work necessary or incidental to complete the concrete skatepark, installed complete per plans and y specifications in strict accordance with these contract documents -- of Project Scope and Process. �� II esign •udget, schedule and overall project coordination • _ • ect a + •• epts, existing data an• F " t1 -ale o Establis o Develop final conce• • Issue Project Design Program Form and Collect Information o The Client shall provide a list of approved, required and/or prohibited construction products, materials, finishes and colors for this project o The Client shall provide all existing project information relating to the site in CAD format, including but not be limited to: • Property lines and project boundaries/topographical survey • Survey benchmark and basis of bearing • Site improvements • Vegetation Map • Soils Report o The Client shall provide a list of all agencies required to review and approve the construction document package o The Client shall provide with any specific details, title blocks, specifications and/ or document formatting requirements phone 877-489-3539—fax 626-330-5803—www.spohnranch.com—info @spohnranch.com 15131B Clark Ave.City of Industry,CA 91745 398713v3 CAR RC160-7 Page 12 of 20 saahn ranch',; 0' Qum • First Private Online Meeting o The Client and Spohn shall verify and revise the project design program, discuss the project schedule and set up any meeting dates for future public meetings, private design review meetings and/or phone conferences. o Spohn will review the current design and provide a preliminary cost estimate. o The Client will provide final input on the design. t Final Action Sports Course Design /Plan o Based on the preferred design and Client's notes, Spohn shall prepare one final Plan The Plan shall show the final action sports course, proposed Plan improvements and their relationships to the existing site in general detail he Design concept shall be in professional plan view, a 3D drawing, and a color dering « Private Online Meeting «« II present the final design to the Client in the above formats and Spohn shall discuss the final Plan and verification of Guaranteed -90% Submittal «« L = '0% design development construction documents f. « « 1%!' r « « • detailed direction as to th •n/ ••� « �, eg �c « • 90% Construction Documents o In general, the construction document package includes high quality, professional construction drawings, detailed written-specifications, a cost estimate for the skatepark complex and any required-reports necessary to build the proposed skatepark o At the 90% level the construction document package will contain enough detail to convey design intent for all Plan improvements, but some information may be omitted to allow further design refinement • Construction Drawings o Spohn shall provide one 24"X36" review set and digital .pdf files of the following sheets (typical, though additional plans/details may be added as necessary to further clarify design intent): a. Title Sheet: General project information and notes b. Site Plan: Overall plan showing the proposed improvements plus any existing features requiring additional consideration c. Action Sports Course Perspective: 3D view of the overall action sports course phone 877-489-3539—fax 626-330-5803—www.spohnranch.com—info @spohnranch.com 15131 B Clark Ave.City of Industry,CA 91745 Page 13 of 20 suohn ranch Gb RrIee B I d. Construction Specifications: Written specifications using the standard CSI (Construction Specification Institute) format for all elements within the scope of work e. Construction Layout Plan: Dimensioned plan locating slab and sports elements = Construction Sections: Dimensioned profile sections of action sports elements g. Construction Information Plan: Materials type, location, finish and color (if applicable) h. Steel Plan: Type, location, finish and color of all coping and metal components (if applicable) i. Surface Grading & Drainage Plan: All necessary spot elevations, flow arrows and drain locations needed to convey finish elevations and direction of flow within the action sports course Construction Details: Standard and custom construction detailing for proposed improvements uction Documents -100% Submittal it 90% construction documents package to the appropriate agencies nd approval lient with 100% construction documents etmg (Phone conference) .ce _._ •mments for the 90 a p �. 3. ... .... _ � ent • 90% Construction Document Review Submittal o Spohn shall submit the 90% construction documents and technical specifications for review by the Client and appropriate agencies o The Client shall provide a written response with any questions or comments o The Client and Spohn shall discuss the review comments for the 90% construction document package and the actions needed to address the comments • 100% Construction Documents o Spohn shall address the Client review comments from the 90% submittals o Upon completion of the final construction document package the following shall be delivered to the client: • One bond copy of the final construction drawings and final written specifications a. One set 24" x 36"and a compact disc with digital copies phone 877-489-3539—fax 626-330-5803—www.spohnranch.com—info©spohnranch.com 15131B Clark Ave.City of Industry,CA 91745 398713v3 CAH RCI60-7 qi4 Page 14of20 saolls ranch PHASE IV—Construction of Skatepark Objectives: o At the Client's 'Notice to Proceed' with construction, Spohn shall construct the skatepark in accordance with the plans and specifications developed during the design process, Skatepark Construction Kickoff Meeting (On-site) The Client and Spohn shall meet onsite to address any remaining items prior to construction of the skatepark `° pohn shall provide a detailed construction schedule to Client for the completion of p � -tepark rk Construction f all provide construction services including all labor, services, materials, „ cartage, supplies, equipment,tools and other facilities of every kind and ' •uired for the prompt and efficient execution of the work described herein - work necessary or incidental to complete the skatepark, installed a a- nd specifications in strict accordance with this contract. x � :.instruction and administer testing services rr • .I ram o Excavation • •• u•is yards o Geotech observations of excava ion, per soils report - performed by Braun Engineering o Supply, deliver and stockpile new imported fill material, per soils report - estimated import= 1,300 cubic yards o Testing services/deputy inspections–performed by Braun Engineering o Permitting fees–waived by client o Spohn shall perform action sports course construction work Spohn Ranch will provide the following: o Layout and stake site for construction, Spohn will use benchmark/survey control o Protection of any marked underground utilities in the immediate area of the course o Fine grading where necessary for skatepark(+/- .1 ft) o Form, reinforce and place shotcrete where necessary o Form, reinforce and pour/place concrete components phone 877-489-3539—fax 626-330-5803—www.spohnranch.com—info@spohnranch.com 15131 B Clark Ave.City of Industry,CA 91745 (1 - 15 Page 15 of 20 saoho ranch{ EAViti 0 rrr eR de H3DuTy o Form, reinforce and pour concrete flatwork (4" Concrete slab, 4000 psi, with #3 rebar 18" O.C.) o Install steel grind edges where specified o Saw cut control joints for all concrete flatwork o Supply and install caulk sealant for concrete joints in skatepark where necessary o Supply and install steel grind rails o Finish work, punchlist and demobilization o All travel costs for Spohn crew are included Alternate's to be performed by Spohn Ranch, compensated by Client o Temporary Construction Fencing (6' Tall), Toilet/Wash Basin = $2,650.00 o Silt fencing around construction site = $950.00 • Water brought to Site = $100.00 Generator for electrical needs = $500.00 aste disposal and concrete washout = $1,000.00 ^ement, Grading and Compaction of Client provided Fill = $12,500.00 g and Irrigation in and around skatepark = $3,800.00 3L J' d _r. phone 877-489-3539—fax 626-330-5803—www.spohnranch.com—info©spohnranch.com 15131B Clark Ave.City of Industry,CA 91745 398713v3 CAH RC16O-7 Page 16 of 20 saohn ranch 0 r eRi HEAVY L3U Exhibit B—PROJECT FEES Project Fees „ Base Fee: $63,750.00 dd alternates: $21,500.00 a ; •I Fees: $85,250.00 �:' services in Phases I-IV shall be completed for a Not-To-Exceed budget of phone 877-489-3539—fax 626-330-5803—www.spohnranch.com—info @spohnranch.com 15131B Clark Ave.City of Industry,CA 91745 Page 17 of 20 9 - fl saohn ranch It‘lettEn rueR Exhibit C—HOURLY BILLING RATES STAFF ROLE HOURLY RATE aron Spohn Planning& Design $250 rpKirsten Bradford Compliance $250 Damon Spohn Engineering&Design $175 hMark Bradford Construction Supervisor $175 incent Onel Project Manager, Design $125 Coordinator J j 'Doug Hagen Construction Project Manager $125 Mark Laue Programming and Operations $150 CAD Operator 3D Computer Drafting $75 Cost Estimator Cost Estimation $60 n� 3 phone 877-489-3539—fax 626-330-5803—www.spohnranch.com—info@spohnranch.com 15131 B Clark Ave.City of Industry,CA 91745 398713v3 CAR RC160-7 Page 18 of 20 aaahn ranch welaHEAvv ottolativrE torrueRide Exhibit D—SPOHN RANCH TERMS & CONDITIONS 2012 GENERAL PROJECT ASSUMPTIONS y • All written documents will be generated using Microsoft Word,Version 2004 • All spreadsheet documents will be generated using Microsoft Excel,Version 2004 • Spohn Ranch,Inc.(hereafter,SRI)shall provide.pdf files of the technical specifications for items in their scope • Spohn shall only be responsible for the skating area,unless specifically contracted otherwise SPONSIBILITIES OF THE Client—INFORMATION REQUIRED - ;m"• If deemed necessary by the Client,Client is responsible for retaining the services of a Structural Engineer,Civil Engineer, Electrical Engineer,Architect,Surveyor,Geotechnical Engineer, or any other specialty consultants that may be required for the project. he Client shall provide SRI with a description of the process for approving reports,plans,specifications,work,costs and quisition of required permits and approvals; failure to do so shall constitute a complete waiver of any objection to leteness or propriety of any work sfor failure to acquire the same. ent shall provide SRI with any specifications,details,or title blocks required by Client t shall provide SRI with all information relating to utilities, including electrical,water, sewer, irrigation and gas ff encing work. P provide all existing plans for the site,including any improvements,grading,facilities,drainage information, •l � �� < digital format(.dxf,.dwg,or.pdf). a SRI with complete contact information for all utility companies serving the site �, i • I provide SRI with underground utility locations and easement information * Ith a current field-survey locating all above-and below-ground utilities, appurtenances, ( x II coordinate within the NTE budget, a current overall base map dis. ontour interval)and spot elevations,in digital format that c- • - delineated with es • The Clien = • ; <IY � � ' specifically for the ro ect site,comp e _ sf e project is located. P p 1 O If the report is over 1 m g $ a'`` report may provide a letter certifying that the report is still valid and no updates are needed,dated within 30 days of receipt of the Geotechnical Report in lieu of Client's provision of a new report. O The Geotechnical Report shall include the following at a minimum—vicinity map of the project limits,plot plan/ aerial showing location of borings,detailed description of the findings and recommendations,a detailed report of the laboratory tests performed,and an executive summary stating general findings and recommendations • Client shall provide all permits unless otherwise agreed. • The Client is solely responsible for verifying and properly zoning the skatepark site prior to the outset of the project O The Client certifies that the site is properly zoned for the intended use O In the event that zoning or variances delay the project,the Client shall be solely responsible for any additional costs associated with these delays. TAXES/PREVAILING WAGE/BONDING • Prices include Minnesota state sales tax and required performance and payment bonds. Prices do not include prevailing wages. O The Project is not exempt from applicable Minnesota sales taxes. The City has no local sales tax. O Spohn shall provide performance and payment bonds prior to the commencement of work,in the amount of the contract price. If executed by a non-Minnesota surety, the bond must be countersigned by a Minnesota resident agent. PAYMENT TERMS • Unless otherwise specified,payment shall be made monthly based on work in process,according to Spohn's invoices LIMITATION OF LIABILITY phone 877-489-3539–fax 626-330-5803–www.spohnranch.com–info @spohnranch.com 15131 B Clark Ave.City of Industry,CA 91745 Page 19 of 20 nacho ranch 0 witrueRt-de H3DHEAuTyvvi o SRI shall not, under any circumstances, be responsible for special, reliance, general, expectation, consequential, or incidental damages such as,but not limited to,damage to or loss of other property;loss of profit, revenue or reputation; loss of capital;loss of purchased or replaced goods;or claims for delays,back charges,or loss of use o o SRI reserves the right to makes any corrections as necessary to typographic errors. �y- nxy 3 A � � r phone 877-489-3539—fax 626-330-5803—www.spohnranch.com—info©spohnranch.com 15131B Clark Ave.City of Industry,CA 91745 398713v3 CAH RC160-7 Page 20 of 20 soot's toncli StiettokizrerE r1 Ell DUTY Exhibit E—WARRANTY For Specialty Concrete Construction (Poured-In-Place): Y E 12-MONTH MATERIALS & WORKMANSHIP GUARANTEE �_u. john Ranch, Inc. hereby offers a 12-Month Materials and Workmanship Guarantee for the e-referenced project effective upon the date of completion of the project. which are vandalized, destroyed or suffer damage from abuse, neglect, or Acts of God t from any claims of warranty under this guarantee. subject to the sole discretion of Spohn Ranch, Inc. Any item which is the subject b = this guarantee shall be photographed and the issue documented as soon as fri _ o event more than 48 hours after occurrence. , � 'anch, Inc. is required to commence work under this warranty, it is h, Inc. is given a minimum 72-hour notice in order to mobilize for �a tact Doug Hagen at 626-330-5803 x 208. c " � a� � � •e submitted to Doug H-• at doug @ , �� phone 877-489-3539—fax 626-330-5803—www.spohnranch.com—info@spohnranch.com 15131 B Clark Ave.City of Industry,CA 91745