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052212completeagenda CITY OF RICHFIELD, MINNESOTA TUESDAY, MAY 22, 2012 RICHFIELD MUNICIPAL CENTER 6700 PORTLAND AVENUE SPECIAL CITY COUNCIL WORKSESSION BARTHOLOMEW ROOM 6:15 P.M. AGENDA Call to order Roll call 1. Discussion regarding the draft Richfield Bicycle Master Plan (Council Memo No. 57) 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 May 8, 2012 and (2) Regular City Council Meeting of May 8, 2012 PRESENTATIONS 1. Swearing-in of Richfield Police Canine Units of Officer Nate Kinsey and his canine partner Rocky and Officer Brian Bataglia and his canine partner Bodie 2. Presentation and receipt of City of Richfield Comprehensive Annual Financial Report for fiscal year ended December 31, 2011 (Council Memo No. 58) Staff Report No. 88 Notes: COUNCIL DISCUSSION 3. Council discussion • Council participation in July 4 parade • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 4. Council approval of agenda CONSENT CALENDAR 5. Consent Calendar contains several separate items,which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action 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 award of contract to Airtech Thermex Corporation to replace the lower floor air conditioning unit at the Community Center in the amount of$19,825 S.R. No. 89 B. Consideration of approval of Amendment of Commercial Lease with Minnesota Department of Transportation and Amendment of License Agreement with Transmission Shop, Inc. for the parking lot at Cedar Avenue and Diagonal Boulevard S.R. No. 90 C. Consideration of approval of resolution authorizing City staff to incur costs for the potential reconstruction of Richfield Parkway Phase II (63`d to 65th Streets) S.R. No. 91 Notes: 6. Consideration of item(s), if any, removed from Consent Calendar Notes: RESOLUTION 7. Consideration of resolution supporting the Intercity Regional Trail Master Plan as recommended by the Transportation Commission Staff Report No. 92 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: May 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 May 2012 Monday Tuesday Wednesday Thursday Friday 30 I Apr 1 I May 2 3 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 7 8 9 10 11 5:30p Special City Council Worksession 7:OOp City Council Regular Meeting 14 15 16 17 18 7:OOp Community 4:30p-7:OOp Unity in the Services Commission @ Community at Veterans 7000 Nicollet Ave Memorial Park 7:OOp Friendship City Commission CANCELED 21 22 23 24 25 6:OOp Advisory Board of 6:15p Special City SATURDAY, MAY 26 Health Council Worksession 9:30 a.m.-10:30 a.m. 6:OOp Special 7:OOp City Council Mayor's Hour-Farmer's Concurrent HRA/ Regular Meeting Market City Council/Planning Commission Worksession 7:OOp Housing and Redevelopment Authority(HRA) 28 29 30 31 1 I Jun CITY ADMINISTRATIVE 7:OOp Planning OFFICES CLOSED Commission MEMORIAL DAY SATURDAY,JUNE 2 9 AM to 1 PM RICHFIELD MUNICIPAL CENTER BUILDING DEDICATION 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 5/17/2012 CITY OF RICHFIELD, MINNESOTA Office of City Manager May 17, 2012 Council Memorandum No. 57 The Honorable Mayor and Members of the City Council Subject: Draft Bicycle Master Plan (Worksession Agenda Item No. 1) Council Members: Staff will present an overview of the draft Richfield Bicycle Master Plan at the May 22, 2012 City Council Worksession. The Master Plan is a guiding document that contains recommendations for bicycle related policy and infrastructure changes within the City of Richfield. The draft Bicycle Master Plan is available on the City website at the following address: http://www.cityofrichfield.org/PublicWorks/bicycle_master plan.htm Printed copies of the plan will also be available at the worksession. Please contact Mike Eastling, Public Works Director, at 612-861-9792 with questions. Rz r�' -u,= submitte� ./..... 4 . Devi• „_, , ity ) anager SLD:tjs Email: Department Directors Assistant City Manager CITY COUNCIL MINUTES Richfield, Minnesota ge,C4#eed Special City Council Worksession May 8, 2012 CALL TO ORDER The meeting was called to order by Mayor Pro Tempore Fitzhenry at 5:30 p.m. in the Bartholomew Conference Room. ROLL CALL Council Members Tom Fitzhenry, Mayor Pro Tempore; Pat Elliott; Sue Sandahl; Fred Present: Wroge; and Debbie Goettel, Mayor (arrived 5:52 p.m.). Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; Nancy Gibbs, City Clerk; Karen Barton, Community Development Manager; Kristin Asher-Osberg, City Engineer; Robert Hintgen, Utilities Superintendent; Theresa Schyma, Deputy City Clerk; Corrine Heine, City Attorney; and Cheryl Krumholz, Executive Coordinator. Item #1 VOTER ID (COUNCIL MEMO NO. 48) This year the legislature made a decision to have a question regarding Voter ID placed on the ballot as a constitutional amendment. The City Council requested that balanced information be provided to the City Council regarding this matter. Staff showed two videos regarding Voter ID that offered two different perspectives to this question. The League of Women Voters opposes Voter ID requirements and a video was provided to show their concerns and reasoning. The Minnesota Majority supports Voter ID and a video was provided to show their concerns and reasoning. Tom Ferber, former Richfield City Clerk, Washington County Elections Director, Bloomington City Clerk, and currently a Consultant for Hennepin County Elections and a member of the Governor's Elections Task Force, was available for questions as a nonpartisan representative on this issue. Mr. Ferber stated there must be a 50% plus 1 "Yes" votes of the people voting that day to approve the amendment. Not voting is the same as a "No" vote. Special Worksession Minutes -2- May 8, 2012 Items#2 &4 TAFT— LEGION REGIONAL STORM WATER IMPROVEMENT PROJECT (COUNCIL MEMO NO. 49) RICHFIELD PARKWAY— PHASE II (63RD STREET TO 65TH STREET) (COUNCIL MEMO NO. 49) Public Works Director Eastling and City Engineer Asher-Osberg provided an update on the Minnehaha Creek Watershed District Cooperative Agreement process, project features, and proposed schedule. Public Works Director Eastling and City Engineer Asher-Osberg discussed the remaining two blocks (63rd Street to 65th Street) of Richfield Parkway Phase II and possible funding options in order to include the reconstruction in with the Richfield Parkway North Connection included as part of the Taft— Legion Project. The City Council consensus was to proceed with Special Assessment Option 2 which is resident driven. Council Member Wroge expressed concern regarding removal of the frontage road because of truck traffic. Public Works Director Eastling explained that the Minnehaha Creek Watershed District would not fund the project if that road is not eliminated around Taft Lake. Item #3 THREE RIVERS PARK DISTRICT (TRPD) INTERCITY REGIONAL TRAIL MASTER PLAN (COUNCIL MEMO NO. 49) Kelly Grissman, Three Rivers Park District, presented an overview of the Intercity Regional Plan and requested the City Council adopt a resolution supporting the Master Plan at the May 22, 2012 City Council Meeting. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:57 p.m. Date Approved: May 22, 2012 Tom Fitzhenry Mayor Pro Tempore Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota #g641(ieecl Regular Meeting May 8, 2012 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:03 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; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; Todd Sandell, Acting Public Safety Director; Karen Barton, Community Development Manager; Robert Hintgen, Utilities Superintendent; Corrine Heine, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM Gertrude Ulrich, 7024 Oak Grove Blvd and League of Women Voters member, spoke in opposition to the proposed constitutional amendment requiring Voter ID. Mary Gover, 6711 Lake Shore Drive#1007, spoke in opposition to the proposed constitutional amendment requiring Voter ID. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES Council Meeting Minutes -2- May 8,2012 M/Wroge, S/Sandahl to approve the minutes of(1) Special Joint Richfield — Bloomington City Council Worksession of March 26, 2012; (2) Special City Council/HRA/Planninq Commission Worksession of April 10, 2012; (3) Special City Council/HRA Meeting of April 16, 2012; (4) Special City Council/HRA/Planning Commission Worksession of April 16, 2012; (5) Special Concurrent City Council/Richfield School Board Worksession of April 24, 2012; and (6) Regular City Council Meeting of April 24, 2012. Motion carried 5-0. Item #1 SWEARING-IN OF RICHFIELD POLICE OFFICERS MILES BECKNER, AMANDA JOHNSON, AND ORLANDO ZABALA Acting Public Safety Director Sandell administered the swearing-in of Richfield Police Officers Miles Beckner, Amanda Johnson, and Orlando Zabala. Item #2 PRESENTATION REGARDING NATIONAL PUBLIC WORKS WEEK Public Works Director Eastling made a presentation regarding Public Works Week. Item #3 COUNCIL DISCUSSION • MAY 21 CITY COUNCIUHRA/PLANNING COMMISSION WORKSESSION AT 6:00 P.M. REGARDING RENTAL HOUSING INVENTORY AND NEEDS ASSESSMENT • HATS OFF TO HOMETOWN HITS Council Member Wroge requested the League of Women Voters and Minnesota Majority videos regarding Voter ID shown at the earlier worksession be placed on the City's website. Council Member Wroge suggested that in the future there should be discussion involving the business community regarding the vision and focus of the community. Council Member Wroge questioned why Richfield Patch had information related to the new development proposal received on April 30 from Ron Clark but the Council did not. City Manager Devich explained the City did not send information to Richfield Patch but that they may have gotten the proposed development materials from the City's website. The material was placed on the website shortly after it was received on April 30. Posting materials on the website has been done in the past. Council Member Wroge expressed concern about Ron Clark's approach to contact the City Council Members individually. City Attorney Heine explained the City Council could meet individually with the developer but cautioned that they not be the go-between to build consensus or indicate their position. Council Member Wroge expressed concerns regarding the approval of Transformation Home Loan Program funds related to 7320 Colfax Avenue at the March 19 HRA Meeting agenda, the source for those funds, and the terminology used by staff at the meeting. Council Meeting Minutes -3- May 8,2012 Community Development Director Stark explained the Transformation Home Loan Program, including the funding source, and that the decision on the loans is the authority of the HRA. He also clarified the terminology used in reference to the funds. City Manager Devich added the HRA could decide to revisit the loan guidelines. Council Member Sandahl announced the June 2 Municipal Center dedication event. Council Member Fitzhenry discussed the Beyond the Yellow Ribbon Program. Recreation Services Director Topitzhofer announced the Memorial Day events. Mayor Goettel announced the May 19 Avenues of Opportunities Open House at First National Bank of the Lakes sponsored by the Penn Central Group. Mayor Goettel stated there will be a Special City Council/HRA/Planning Commission Worksession on May 21 at 6:00 p.m. regarding the housing needs assessment. Item #4 COUNCIL APPROVAL OF AGENDA Mayor Goettel removed Consent Calendar Item #5C. M/Fitzhenry, S/Sandahl to approve the agenda as amended. Motion carried 5-0. Item #5 CONSENT CALENDAR A. Consideration of approval of resolution authorizing Department of Public Safety to accept donated monies from Richfield Bloomington Credit Union and Richfield Visions S.R. No. 79 RESOLUTION NO.10651 RESOLUTION AUTHORIZING THE RICHFIELD DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT THE DONATION OF $950.00 FROM RICHFIELD BLOOMINGTON CREDIT UNION AND RICHFIELD VISIONS TO BE USED FOR UNITY IN THE COMMUNITY EVENT This resolution appears as Resolution No. 10651. B. Consideration of approval of setting a public hearing to be held on June 12, 2012, for the consideration of new on-sale intoxicating and Sunday liquor licenses for Pizza Luce VII Inc., 800 West 66th Street S.R. No. 80 C. Item removed from agenda. D. Consideration of approval of resolution authorizing the City of Richfield's 2012-2015 Municipal Recycling Grant application and agreement with Hennepin County S.R. No. 82 RESOLUTION NO.10652 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD'S APPLICATION AND AGREEMENT FOR THE 2012-2015 MUNICIPAL RECYCLING GRANT FROM HENNEPIN COUNTY This resolution appears as Resolution No. 10652. Council Meeting Minutes -4- May 8,2012 E. Consideration of approval of bid minutes/tabulation and award contract for 2012 Sealcoating work to Pearson Bros. Inc. in the sum of$564,958.00 S.R. No. 83 F. Consideration of approval of 12-month extension to the 2011 Concrete Sidewalk, Curb and Gutter Repair contract with Ron Kassa Construction, Inc. in the sum of$98,850.00 S.R. No. 84 G. Consideration of approval of resolution authorizing the Source Water Protection Grant agreement between the City of Richfield and the Minnesota Department of Health (MDH) S.R. No. 85 RESOLUTION NO.10653 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A SOURCE WATER PROTECTION GRANT AGREEMENT WITH MINNESOTA DEPARTMENT HEALTH FOR $10,000 TO BE USED FOR SECURITY UPGRADES AT SELECTED WELL HOUSES This resolution appears as Resolution No. 10653. M/Goettel, S/Wroge to approve the Consent Calendar as amended. Motion carried 5-0. Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item #7 CONSIDERATION OF RESOLUTIONS SUPPORTING THE SUBMITTAL OF APPLICATIONS TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT (DEED)AND THE METROPOLITAN COUNCIL LIVABLE COMMUNITIES TAX BASE REVITALIZATION ACCOUNT FOR CONTAMINATION CLEAN-UP GRANT FUNDS AT THE FORMER LYNDALE GARDEN CENTER SITE, 6400 LYNDALE AVENUE S.R. NO. 86 Mayor Goettel presented Staff Report No. 86. M/Goettel, S/Sandahl that the following resolutions be adopted and that they be made part of these minutes: RESOLUTION NO.10654 RESOLUTION AFFIRMING AND RATIFYING SUBMITTAL OF AN APPLICATION AND COMMITTING LOCAL MATCH AND AUTHORIZING CONTRACT SIGNATURE TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT (DEED) FOR CONTAMINATION CLEAN-UP GRANT FUNDS FOR 6400 LYNDALE AVENUE This resolution appears as Resolution No. 10654. Council Meeting Minutes -5- May 8,2012 RESOLUTION NO.10655 RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE METROPOLITAN COUNCIL LIVABLE COMMUNITIES TAX BASE REVITALIZATION ACCOUNT FOR CONTAMINATION CLEAN-UP GRANT FUNDS FOR 6400 LYNDALE AVENUE This resolution appears as Resolution No. 10655. Motion carried 5-0. Item #8 CONSIDERATION OF AWARD OF CONTRACT TO REDSTONE CONSTRUCTION CO. INC. IN AMOUNT OF $1,562,501.92 FOR THE 76TH STREET EAST PUBLIC IMPROVEMENT PROJECT AND AUTHORIZATION FOR THE CITY MANAGER TO APPROVE CHANGES IN THE CONSTRUCTION CONTRACT UP TO $50,000 S.R. NO. 87 Mayor Goettel presented Staff Report No. 87. M/Goettel, S/Fitzhenry to approve award of contract to Redstone Construction Co. Inc. in the amount of$1,562,501.92 for the 76th Street East public improvement project and authorization for the City Manager to approve changes in the construction contract up to $50,000. Motion carried 5-0. Item #9 CITY MANAGER'S REPORT None. Item #10 CLAIMS AND PAYROLLS M/Wroge, S/Goettel that the following claims and payrolls be approved: U.S. Bank 05/08/12 A/P Checks: 212523-212848 $ 928,792.12 Payroll: 83338-83650 $ 548,592.39 TOTAL $ 1,477,384.51 Motion carried 5-0. OPEN FORUM None. Council Meeting Minutes -6- May 8,2012 ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:11 p.m. Date Approved: May 22, 2012 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager May 17, 2012 Council Memorandum No. 58 The Honorable Mayor and Members of the City Council Subject: 2011 Comprehensive Annual Financial Report (Agenda Item No. 2) Council Members: At the May 22, 2012 City Council meeting, Bill Lauer, a representative of the City's audit firm MMKR, will make a presentation on the 2011 Audit and the 2011 Comprehensive Annual Financial Report (CAFR). Included in your packet for the May 22, 2012 meeting will be a CD ROM of the 2011 City CAFR and HRA CAFR, hardcopies of the 2011 Special Purpose Audit Report, the 2011 Management Report, and a restated 2010 Special Purpose Report. Mr. Lauer's presentation will concentrate on information contained in the 2011 Management Report. Consequently, Council may find it helpful to bring to the meeting the 2011 Management Report to have as a reference to Mr. Lauer's presentation. Finally, subsequent to Mr. Lauer's presentation, the City Council will be asked to formally accept the Comprehensive Annual Financial Report (CAFR) for the year ended 2011 . ,Re ■=cfful !submittedJ i'. ff �Zy i 4 Ste-=�' . Dev' ity Manager SLD:tjs Attachment Email: Department Directors Assistant City Manager AGENDA SECTION: PRESENTATION AGENDA ITEM# 2 REPORT# 88 STAFF REPORT RICHI1 L[ CITY COUNCIL MEETING MAY 22, 2012 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: / •►.14 pr i REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Receipt of the City of Richfield Comprehensive Annual Financial Report (CAFR) for the fiscal year ended December 31, 2011. I. RECOMMENDED ACTION: By Motion: Accept the Comprehensive Annual Financial Report of the City for the year ended December 31, 2011. II. BACKGROUND The City's auditing firm, Malloy, Montague, Karnowski, Radosevich, & Co., P.A. (MMKR), has completed the annual audit of the City's financial records for the fiscal year ended December 31, 2011. As part of the audit, MMKR has issued an unqualified opinion on the City's financial statements for the year ending December 31, 2011. A representative of MMKR will be present at tonight's Council meeting to make a brief presentation on the 2011 financial information and answer questions. In addition, the CAFR will be submitted to the State of Minnesota pursuant to State law and to the Government Finance Officers Association for the Certificate of Achievement for Excellence in Financial Reporting program. III. BASIS OF RECOMMENDATION A. POLICY 052212-2011 CAFRReceipt • Action to be taken at the May 22, 2012 City Council meeting is the official receipt of the December 31, 2011 City of Richfield Comprehensive Annual Financial Report by the City Council. • The City's auditor has performed an audit of the City's financial records for the year ended December 31, 2011 and prepared reports to the City Council concerning legal compliance and internal controls. B. CRITICAL TIMING ISSUES • Action on this item is requested at the May 22, 2012 City Council meeting. C. FINANCIAL • N/A D. LEGAL • The CAFR will be submitted to the State of Minnesota, pursuant to State law. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The City Council could ask the auditors for further explanations of their findings at a future Study Session. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Bill Lauer, Principal, Malloy, Montague, Karnowski, Radosevich, & Co., P.A. AGENDA SECTION: CONSENT AGENDA ITEM# 5A REPORT# 89 STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 22, 2012 REPORT PREPARED BY: JIM TOPITZHOFER,RECREATION SERVICES DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: Er e 1 • •rz r-if- REVIEWED BY CITY MANAGER: /n / _ fix..L,A. ......../ / ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract to Airtech Thermex Corporation to replace the lower floor air conditioning unit at the Community Center in the amount of$19,825. I. RECOMMENDED ACTION: By Motion: Approve the award of contract to Airtech Thermex Corporation to replace the lower floor air conditioning unit at the Community Center in the amount of $19,825. II. BACKGROUND The existing 10-ton air conditioning unit at the Community Center was originally installed in 1961 and has lasted well beyond its operating life of 25 years. The lower air handler currently operates in conjunction with an outdoor cooling tower unit that helps remove waste heat from the system with water. This maintenance intensive cooling tower will be replaced by a more efficient condensing unit in addition to a new 10-ton air handling unit. The project will take several days to complete and will not interfere with scheduled Community Center activities. III. BASIS OF RECOMMENDATION 052212CommunityCenterAirConditioner A. POLICY • Under the City's Purchasing and Spending Authority Policy, contracts or purchases from $1,000 to $25,000 must be approved by the division manager, department director, finance director and the City Manager. • If the amount of the contract is estimated at $25,000 or less, the contact or purchase may be made either upon quotation or in the open market in the discretion of the governing body. If the contract or purchase is made upon quotation, it shall be based on at least two quotations. Four quotes were received and Airtech Thermex Corporation offered the lowest price. • There are no publication or notification requirements that apply to this action. B. CRITICAL TIMING ISSUES • Installation of a new air handling unit should be accomplished before the hot summer months of the year to best accommodate Community Center customers. Upon the execution of this contract, work to replace the air handling unit will begin immediately. I ` . ._.. - FINANCIAL • Funding for a new air handling unit and cooling tower was included in the City's Capital Improvement Budget in the amount of$45,000. It was determined that a new condensing unit to accompany a new air handling unit was less expensive then replacing the cooling tower and the quotes for the project came in considerably less than budgeted. • Quotes were received from the following companies: 1. Airtech Thermax Corporation $19,825* 2. Harris Mechanical $34,015 3. Corporate Mechanical $32,444 4. Dalbers Mechanical Contractors $30,646 * lowest quote and recommended contract • The City will receive a rebate from Xcel Energy in the amount of$950 for the new equipment. D. LEGAL • The City Attorney has reviewed the attached contract and will be available for discussion at the meeting. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • Council may choose to direct staff to seek additional quotes on the new system or abandon the project. If the project is abandoned, the City will continue to pay higher repair and energy costs for the Community Center. V. ATTACHMENTS • Contract with Airtech Thermex Corporation VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 3-4_, A,.........,„,_,........„,.., HVL6YSJla,.<n,1NCtt4ELRlN.b 7tl:.tatE-r7t06"' -- IVIELTII-I fel rit 1 kr4 4918 West 35th Street • St. Louis Park • MN 55416-2612 March 19,2012 Proposal# 120213 Mr. Jim Breviu Richfield Community Center 7000 Nicollet Ave. Richfield,MN. RE: Replacing 10-Ton Air Handler and Adding 10-Ton Condenser Dear Jim, Thank you for this opportunity to be of service to you. We propose the following as detailed below: SCOPE OF WORK: • Remove existing 10-Ton,Air Handler and dispose of unit • Furnish and install (1) one 10-Ton Air Handling Unit • Furnish and install all Air Duct and supports to tie-in new unit with existing duct • Furnish and install 10-Ton Condensing Unit in rear of building 4 Furnish and install Refrigerant Piping from AHU to Condenser • Run Pressure Checks on complete system to insure proper operation • Furnish and install Electrical Power Connections and Control Wiring 0 Start-up and all adjustments required to Air Handler System for proper operation of units • Obtain permits and inspections m Provide Crane and all lifts to install equipment • Turn Over/Orientation meeting with maintenance crew. RELATED WORK ITEMS NOT INCLUDED: • Code requirements above and beyond the scope of this proposal. • Bid is based on uninterruptable access to job site. CONTRACT AMOUNT: The above will be done for the sum of$'19,$25.00 Page 1 of 2 Airtech Thermex LLC Office 952 929 8810 Fax 952 929 8902 www airtechthermex:com 5 �A rt.HVAC'SYSTEMS.ENGINEERING&'INSTALLATION ` HVAC MAINTENANCE PROGRAMS&SERVICES '�' 4918 West 35th Street • St. Louis Park • MN 55416-2612 ACCEPTANCE: If you find the above proposal acceptable,please sign the proposal below and mail the original copy to our office. If you need further information or clarification or have revision,please contact me at 952-278-4630. AIRTECH THERMEX CORPORATION Robert Bahr Accepted: Date: Page 2 of Airtech Thermex LLC Office: 952.929.8810 Fax: 952.929.8902 www.airtechtherrnex.cam AGENDA SECTION: CONSENT AGENDA ITEM# 5B REPORT# 90 rade STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 22, 2012 REPORT PREPARED BY: CHRISTINE COSTELLO, COMMUNITY DEVELOPMENT SPECIALIST NAME,TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: / iris .. / ITEM FOR COUNCIL CONSIDERATION: Consideration of an Amendment of Commercial Lease with the Minnesota Department of Transportation and Amendment of License Agreement with Transmission Shop, Inc. for the parking lot at Cedar Avenue and Diagonal Boulevard. I. RECOMMENDED ACTION: By Motion: Approve attached Amendment of Commercial Lease with the Minnesota Department of Transportation and Amendment of License Agreement with Transmission Shop, Inc. for the parking lot at Cedar Avenue and Diagonal Boulevard. II. BACKGROUND In August 2001 the City of Richfield (City) approved a Commercial Lease between the City and the Minnesota Department of Transportation (MnDOT) for the construction of a parking lot on excess right-of-way land (45,750 sq. ft.) at approximately Cedar Avenue and Diagonal Boulevard. At the same time, the City also approved a License Agreement between the City and the Transmission Shop, Inc. (located at 6958 Cedar Avenue) for the use of the parking lot. The City pursued this arrangement with MnDOT as a way to remedy neighborhood parking problems resulting from the relocation of a transmission shop from 6409 Cedar Avenue, acquired for the 66th Street/TH 77 Interchange bridge and ramp project, to the Transmission Shop Inc. location. The original Lease and License Agreement were set to expire on June 30, 2006. That Lease and License Agreement were continued via an amendment by the City Council in 2006, 2008 and 2010. 05222012-Amend Commercial Lease Trans Shop.doc The parking lot has been successful in remedying parking problems in the area. The Transmission Shop Inc. is interested in extending the License Agreement. MnDOT has provided an amendment to the lease to extend it for another two years, after which time, additional extensions can be considered. The License Agreement is also being extended for the same term. Barring any redevelopment in the area or use of the excess land by MnDOT, it is understood by all parties to the Lease and License Agreement that the excess land can be used until at least 2014. III. BASIS OF RECOMMENDATION A. POLICY • The original Commercial Lease and License Agreement allow for term extensions. • Amendments to the Lease and License Agreement are set for another two years. Term extensions can be made once the proposed term expires. B. CRITICAL TIMING ISSUES • MnDOT could terminate the Lease if the subject land is needed for highway purposes. Currently it continues to be considered excess right-of-way. • The City could terminate the Lease with MnDOT. However, the Lease is tied to the License Agreement, which calls for use of the premises until at least 2012. This date was set to protect the Transmission Shop's business interests at the 6958 Cedar Avenue location and to amortize the cost of construction of the parking lot, which was borne by the business owner. The cost of construction of the parking lot was $91,000. C. FINANCIAL • Neither Agreement calls for rent to be paid. The Transmission Shop's construction of the improvements on the excess land was the consideration for this transaction. • Taxes are current and being paid by the business owner through a personal property tax account. Taxes for 2012 are $13,549.28 and disbursed by Hennepin County to the appropriate taxing jurisdictions. • Maintenance and repair of the licensed premises are the responsibilities of the Transmission Shop. D. LEGAL • Kennedy and Graven prepared the original License and the Amendment to the License Agreement for the City. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Do not extend the lease with MnDOT or License Agreement with the Transmission Shop, Inc. However, parking could again become an issue for the neighborhood. V. ATTACHMENTS • Amendment of Commercial Lease No. 4 • Amendment of License Agreement No. 4 • Original Commercial Lease • Original License Agreement • Map of the general area surrounding the leased property VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A 581 Minnesota Department of Transportation Metro District AMENDMENT TO COMMERCIAL LEASE 1500 W. County Road B2 #4 Roseville, MN 55113 651-234-7699 C.S. 2758 (77=279) 901 LEASE NO. 27692 PARCEL: 0009 AMENDMENT OF COMMERCIAL LEASE No. 4 THIS AGREEMENT, is made by and between the State of Minnesota, Department of Transportation ("Landlord") and City of Richfield ("Tenant"), and shall be an amendment and addition to Lease No. 27692. WITNESSETH: WHEREAS, Landlord and Tenant entered into Lease No. 27692 ("Lease") involving the rental of a commercial property; WHEREAS, the parties deem certain amendments and additional terms and conditions mutually beneficial for the effective continuation of said Lease; and NOW THEREFOR, Landlord and Tenant agree to substitution and/or addition of the following terms and conditions which shall become a part of the Lease No. 27692, effective as of the date set forth hereinafter. 1. Effective on June 30, 2012, this Lease No. 27692 shall be renewed for a period of two (2) year(s) commencing on July 1, 2012 and continuing through June 30, 2014, with the right of termination in both Landlord and Tenant as set forth in the Lease. 2. Effective June 30, 2012, Section 9 of the Lease are deleted in their entirety and the following Section of the Lease is substituted thereof: 9. INSURANCE. Prior to execution of this Lease by Landlord, the Tenant shall provide Landlord with a properly executed certificate(s) of insurance which shall clearly evidence the insurance required below, and provide that such insurance will not be canceled, except on 30 days' prior written notice to Landlord. 9.1 Tenant shall maintain during the full term of this Lease commercial general liability insurance or equivalent form including Premises-Operations Liability, Products/Complete Operations Liability (if applicable), Contractual Liability, and Fire Legal Liability with a limit of not less than $2,000,000 each occurrence. If such insurance contains a general aggregate limit, it will be equal to or greater than $2,000,000 and apply separately to this Lease. Commercial Amendment Page 1 of 3 LS1022 4/4/2012 9.1.2 This insurance shall be primary with respect to any insurance or self-insurance 5 programs covering Landlord, its officers and employees. 9.2 Tenant shall maintain during the full term of this Lease workers' compensation insurance with statutory limits and employers' liability insurance with limits not less than $100,000 bodily injury by disease per employee, $500,000 bodily injury by disease aggregate and $100,000 bodily injury by accident. An Umbrella or Excess Liability insurance policy may be used to supplement the policy limit to satisfy the full policy limits required by the Lease. If Minnesota Statute 176.041 exempts Tenant from Workers' compensation insurance or if the Tenant has no employees in the State of Minnesota, Tenant must provide a written statement, signed by the authorized signer of the contract, stating the qualifying exemption that excludes Tenant from MN Workers' Compensation requirements. If during the course of the contract the Tenant becomes eligible for Workers' Compensation, the Tenant must comply with the Worker's Compensation Insurance requirements included herein and provide the State of Minnesota with a certificate of insurance. 3. Effective June 30, 2012, Section 20 of the Lease is hereby deleted and the following Section is substituted therefore: Section 20 HAZARDOUS SUBSTANCES OR POLLUTANTS OR CONTAMINANTS. Tenant shall not cause or permit any hazardous substance or pollutant or contaminant to be used, generated, stored or disposed of on or in the Premises by Tenant, Tenant's agents, employees, contractors or invitees. If the Tenant causes or allows the Premises to become contaminated in any manner by hazardous substances or pollutants or contaminants, during the term of this Lease, Tenant shall indemnify and hold harmless the Landlord in accordance with Section 8 of this Lease. This indemnification is intended to, and shall, survive the termination of this Lease. Without limitation of the foregoing, if Tenant causes or permits the presence of any hazardous substance or pollutant or contaminant on the Premises, and that presence results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions approved by the Landlord to return the Premises to a condition that is in accordance with all applicable Federal, State and Local regulations. 4. The terms of the original Lease and its amendment(s) are expressly reaffirmed and remain in full force and effect. By this reference the original Lease and its amendment(s) are attached and incorporated into this agreement. Commercial Amendment Page 2 of 3 LS1022 4/4/2012 TENANT `'j 1n 9)'." City of Richfield Signature Print Name Title Date Signature Print Name Title Date LANDLORD, STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COMMISSIONER OF TRANSPORTATION By Tom O'Keefe, P.E. Metro Program Delivery Engineer Date Approved as to form and execution OFFICE OF CONTRACT MANAGEMENT By Title Date Commercial Amendment Page 3 of 3 LS1 022 4/4/2012 AMENDMENT TO LICENSE AGREEMENT #4 May 22,2012 AMENDMENT TO LICENSE AGREEMENT THIS AMENDMENT is made and entered into as of May 22, 2010, by and between THE CITY OF RICHFIELD, MINNESOTA, a Minnesota municipal corporation ("Grantor") and the TRANSMISSION SHOP, INC., a Minnesota corporation ("Grantee), and amends that certain License Agreement between Grantor and Grantee dated August 16, 2001. Recitals A. Grantor and Grantee entered into a License Agreement involving the use of certain land at 6945 Cedar Avenue, Richfield, Minnesota, depicted on the attached Exhibit A. B. The parties desire to extend the term of the License Agreement by this Amendment. Terms 1. Effective on June 30, 2012, the License Agreement shall be renewed for a period of two years, commencing on July 1, 2012 and continuing through June 30, 2014, with the right of termination as set forth in the License Agreement. 2. The terms of the original License Agreement are expressly reaffirmed and remain in full force and effect,except as modified by this Amendment. GRANTOR THE CITY OF RICHFIELD By Debbie Goettel, Mayor By Steven L. Devich, City Manager 1 GRANTEE: TRANSMISSION SHOP, INC. By Its President STATE OF MINNESOTA ss.: COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 2012 by Debbie Goettel and Steven L. Devich, the mayor and city manager, respectively, of the City of Richfield, a municipal corporation under the laws of Minnesota, by and on behalf of said corporation. Notary Public STATE OF MINNESOTA ss.: COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of 2012, by the president of Transmission Shop, Inc., a corporation under the laws of Minnesota,by and on behalf of said corporation. Notary Public 2 EXHIBIT A (Sketch Depicting Location of Licensed Premises) , .�• ,. �„b ./1141 l u 07,5,„, ..::.a., ..._.....,, _., .. ..�__..._. _. • ±'�fL4 ,•''.. f,1"unea „ ''.i.«i~v., Ws w..'i,:..leq • Iw1,t.,1 — a.r.7.w w.:;,'w' rO1110oreV NMd 3115 _ 11'1x1^`41s t'O`pe+t4isl"'1'w 1,^:. ,I"'w,�e'a^„ .1ev1t 1444,,,~ "" 9 NU�opu y 101 0N1k1Yd N3SN31'/21v030 p - ...,,n'v4'.`4:1°, r .7: ,.,.71,44... ri1�Y.4w4._, auaroy a1rt/✓~ SW3W3A021dW! •i IVY[•r.WI Ir,tMMY M4M. 4414,~ a tGT a*•411:4 oo�lrouo 101 f NIN21bd LOOZ ' "` V10S3NNIW 0131.UH01e1 s T. iii ° t I i ..... I I N I I Y I C 1 h S I w Yr r I 1 ' o Ry i a 0 u w, >, LL „t N p I °1'n Ui ' I I z_... ,7 1 1 I L. 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I .I .. O up 5 t , °=° I r o ii ' r r . • ORIGINAL COMMERCIAL LEASE Minnesota Department of Transportation Office of Land Management Transportation Building Mailstop 631 395 John Ireland Boulevard St. Paul. Minnesota 55155-1899 651.296.9744 S.P.. 2758 (36=279) LEASE NO.: H-06047 PARCEL: 9 ACCOUNT NO.: 27D078 COMMERCIAL LEASE THIS LEASE is made between the State of Minnesota, Department of Transportation ("Landlord"), City of Richfield, a political subdivision of the State ("Tenant"). Mail Lease to: Mr. Perry J.Thorvig Community Development Specialist 6700 Portland Avenue Richfield, Minnesota 55423 IT IS AGREED: 1. In consideration of payment of the rent hereinafter specified to be paid by Tenant, and the covenants and agreements herein contained, Landlord hereby leases to Tenant that certain property("Premises")in the County of Hennepin, State of Minnesota, described as follows: Address of Premises: adjacent to the intersection of Cedar Avenue and Diagonal Boulevard, in the City of Richfield as shown on Exhibit A attached hereto and by this reference incorporated herein. Type of Property. approximately 45,750 usable square feet of commercial vacant land This Lease includes improvements, if any, and is in effect for the term of five (5)years commencing on July 1, 2001 and continuing through June 30, 2006, with the right of termination in both Landlord and Tenant as hereinafter set forth. 2. RENT. The consideration for this Lease shall be the mutual benefits to both parties of this Lease. 3. USE OF PREMISES. Tenant shall use the Premises for the following purpose only: public parking and no other use whatsoever. it shall be the sole responsibility of Tenant to comply with all laws, regulations, or ordinances imposed by any jurisdiction governing the use of the Premises. Failure to comply will not relieve Tenant of the obligation to pay rent. Tenant's use of the Premises must not interfere with the public's use of any adjacent highway. • Signs or displays will be restricted to those indicating proprietorship and type of activities conducted on the Premises, and will be subject to regulation by Landlord as to number, size,location, and design. 1 • 6i5;1 4. MAINTENANCE AND REPAIRS. Tenant shall keep the Premises in good condition at Tenant's own expense,and shall not call on Landlord to make any improvements or repairs. 5. CHARGES AND EXPENSES. Tenant shall pay when due all utility charges and any other charges or expenses connected with Tenant's use of the Premises. 5. NOTICES. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when served personally on Landlord or Tenant, or when made in writing and deposited in the United States Mail and addressed as follows: To Tenant at the mailing address above stated and to Landlord, Department of Transportation, Office of Land Management, Transportation Building Maifstop 631, 395 John Ireland Boulevard, St. Paul, Minnesota, 55155-1899. The address to which notices are mailed may be changed by written notice given by either party to the other. 7. CANCELLATION. This Lease shall be subject to cancellation by either party at any time during the term hereof by giving the other party notice in writing at least sixty (60)days prior to the date when the cancellation will become effective. Furthermore, this Lease shall be subject to cancellation by Landlord if the Premises become needed for highway purposes (as determined solely by Landlord) by giving Tenant notice in writing at least thirty (30)days prior to the date when the cancellation will become effective. In the event of cancellation any unearned rent paid by Tenant will be returned. • • 8. INDEMNIFICATION AND RELEASE. Tenant shall defend, indemnify, save harmless, and release Landlord and Landlord's employees from and against all claims, demands, and causes of action for injury to or death of persons or loss of or damage to property (including Tenant and Tenant's property) occurring on the Premises and connected with Tenant's use and occupancy of the Premises,regardless of•.vhather such injury,death, loss, or damage is caused in part by: (i) the negligence of Landlord or (ii)is deemed to be the responsibility of Landlord, because of its failure to supervise, inspect, or control the operations of Tenant or otherwise discover or prevent actions or operations of Tenant giving rise to liability to any person. If any negligence or responsibility of Landlord is unrelated to Tenant's occupancy or use of the Premises,Tenant will not be obligated to indemnify and hold harmless as set forth above. 9. INSURANCE, Prior to execution of this Lease by Landlord, the Tenant shall provide Landlord with a property executed certificate(s) of insurance which shall clearly evidence the insurance required below, and provide that such insurance will not be canceled, except on thirty(30)days'prior written notice to Landlord. 9.1 Tenant shalt maintain during the full term of this Lease commercial general liability insurance or equivaient form including Premises-Operations Liability, Products/Completed Operations Liability (if applicable), Contractual Liability, and Fire Legal Liability with a limit of not less than 51,000,000 each occurrence. If such insurance contains a general aggregate limit, it will apply separately to this Lease. 9.1.1 This insurance shall include State of Minnesota as an insured with respect to 2 • performance of Lease. 9.:.2 This insurance shall be pnmary with respect to any insurance or self-insurance programs covering Tenant, its officers and employees. 9.2 Tenant shall maintain dunng the full term of this Lease workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than 5500,000 each accident. 10. FIRE INSURANCE. Tenant shall'not be required to keep the Premises insured against fire and extended coverage loss. Tenant shall make no claim against Landlord arising out of any loss to the Premises. 11. RIGHT TO ENTER. Tenant shall allow Landlord and Landlord's contractors and authorized licensees to enter upon the Premises for any of the following purposes: to survey the land,to take soil borings, to perform utility relocation or repair work, or to perform any other work which is preparatory to a highway construction project; also to make emergency repairs required for highway safety. If there is a highway bridge above any part of the Premises, Tenant shall allow Landlord to enter upon the Premises to inspect, maintain, and repair the bridge and its structural supports. If any of these operations substantially restrict the Tenant's use of the premises, rent will be reduced proportional to the restricted use of the Premises during the period of the restricted use. The reduction(or abatement)of rent will be Tenant%only claim against Landlord based on such restriction (or abatement)of use. Tenant shall allow Landlord to inspect the premises and to show the premises by appointment to prospective buyers or renters. Before entering the Premises for any of the purposes under this paragraph, Landlord will make a reasonable effort to notify Tenant, provided, however, that in case of an - emergency affecting highway safety (the existence of which will be determined solely by Landlord), if Tenant is riot present to permit entry onto the Premises. Landlord or its representatives may enter without notice to Tenant, and for such entry Landlord or its representatives will not be liable to Tenant. 12. ADJACENT HIGHWAY FACILITY. Tenant shall not permit the storage of any substance or material on the Premises which may create a fire hazard to the adjacent highway facility (including any overhead bridge and its structural supports). If Landlord determines that Tenant is using the Premises in such a way as to create a danger to the adjacent highway facility or the traveling public thereon,and if, upon receiving notice,Tenant does not immediately remedy the danger to the satisfaction of Landlord, then Landlord may immediately cancel this Lease and take possession of the Premises. Any requirement for giving notice of cancellation set out elsewhere - in this Lease will not apply to cancellation under this section. Unearned rent paid by Tenant will be returned. If a part of the Premises is situate under or adjacent to a highway bridge, Tenant acknowledges that Landlord's plowing and sweeping of the bridge may cause snow,ice, sand, or road.sweepings to be pushed off the sides of the bridge or otherwise expelled off the bridge, falling onto the Premises. Tenant agrees that this risk is specifically included in the Tenant's indemnification and release of Landlord appearing elsewhere in this'Lease. 13. ASSIGNMENT AND SUBLETTING.i ING. Tenant shall not assign this Lease or sublet the Premises. Notwithstanding anything to the contrary contained in this Section 13,Tenant may sublet the Premises one time during the term, without the consent of Landlord, provided: a. the operation being conducted in the Premises shall remain unaffected; b. the sublessee shall assume in writing the terms and conditions set forth hereunder to be observed and performed by Tenant; c. Within five (5) days after receipt by Tenant, Tenant shall pay to Landlord all revenue from any sublease; d. copy of such sublease shall be furnished ten (10) days prior to the effective date of the 3 • • sublease: and e. nothing contained herein shall release Tenant from any of its liabilities or obligations hereunder. 14. CIVIL RIGHTS ACT, Tenant shall not discriminate on the ground of race, color, sex, or national orioin against any person in access to and use of the facilities and services operated or otherwise maintained on the Premises: and Tenant shall operate and maintain such facilities and services in compliance with Title VI of the Civil Rights Act of 1964,and Title 49, Code of Federal Regulations, Part 21. 15. DEFAULT BY TENANT-LANDLORD'S REMEDIES. The following occurrences are "events of default": (a) Tenant defaults in the due and punctual payment of rent,and such default continues for five(5)days after notice from Landlord; however, Tenant will not be entitled to more than one notice for default in payment of rent during any twelve month period,and if, within twelve months after any such notice,any rent is not paid when due, an event of default shall have occurred without further notice. (b) Tenant breaches any of the other agreements, terms, covenants, or conditions which this Lease requires Tenant to perform, and such breach continues for a period of thirty (30) days after notice by Landlord to Tenant. At any time after the occurrence of either of the above events of default, Landlord may terminate this Lease upon giving written notice to Tenant and may then re-enter and take possession of the remises in such manner as allowed or provided by law. Tenant shall pay Landlord all costs and expenses, including attomey's fees, in any successful action brought by Landlord to recover unpaid rent, or to recover damages for breach of any of the other covenants, agreements, terms, or conditions which this Lease requires Tenant to perform, or to recover possession of the Premises. • 16. HOLDING OVER. If Tenant remains in possession of the Premises after the end of this Lease with the consent of Landlord, express or implied, Tenant shall occupy the Premises as a Tenant from month to month, subject to all conditions, provisions, and obligations of this Lease in effect on the last day of the term. 17. MOVING OUT. At the expiration or sooner termination of this Lease, Tenant shall leave the Premises in as good condition as when delivered to Tenant (except for ordinary wear and any loss covered by insurance payment to Landlord). 18. SALE OR TRANSFER OF PREMISES. If Landlord sells or transfers the Premises, Landlord's liability for the performance of its covenants under this Lease shall end on the date of the sale or transfer, and Tenant shall look solely to the purchaser or transferee for the performance of those covenants. 19. RELOCATION ASSISTANCE: Persons, businesses, farms, non-profit organizations, and other entities (hereinafter collectively referred to as Tenant) displaced by cancellation or termination of this Lease, or by moving out prior to cancellation or termination of this Lease, are not classified as "displaced persons" and are not eligible for relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and its amendments. By signing this Lease, TENANT affirms that they are not a displaced person. 4 20. HAZARDOUS SUBSTANCES. Tenant shall not cause or permit any pollutant, contaminant, or hazardous substance wastes, or material to be used, stored, generated or disposed of on or in the Premises by Tenant, Tenant's agents, employees contractors. or invitees, other than those pollutants, contaminants, or hazardous' substances, wastes, or materials commonly associated with operation of Tenant's use. if pollutants contaminants, hazardous substances, wastes, or materials are used, stored, or generated in any manner, or if the Tenant has caused or allowed the Premises to become contaminated in any manner by pollutants, contaminants, or hazardous substances, wastes, or materials during the term of this Lease, Tenant shall indemnify and hold harmless the Landlord in accordance with Section 8 of this Lease. This indemnification is intended to.and shall, survive the termination of this Lease. Without limitation of the foregoing, if Tenant causes or permits the presence of any pollutant, contaminant, or hazardous substance, waste, or material on the Premises and that presence results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Premises to the condition existing prior to the contamination. Tenant shall first obtain Landlord's approval for any such remedial action. (a) As used herein,"hazardous substance(s)'means any substance,material,or waste that is toxic, ignitable, reactive, or corrosive, and that is regulated by any local government, State of Minnesota, or the United States government. (b) Any pollutant, contaminant, or hazardous substance, waste, or material permitted on the • Premises as provided above, and all containers therefor, shall be used, kept, stored, and disposed of in a manner that complies with all federal, state, and local laws or regulations applicable to those pollutants, contaminants,or hazardous substances,wastes, or materials. (c) Tenant shall not discharge. leak or emit, or permit to be discharges, leaked or emitted, any material into the atmosphere, ground, sewer system, or any body of water, if that material (as is reasonably determined by the Landlord or any governmental authority) does or may pollute the same, or may adversely affect (a) the health,welfare, or safety of persons, whether located on the Premises or elsewhere,or(b)the condition, use, or enjoyment of the land. • 21. LEASEHOLD IMPROVEMENTS. Tenant and Landlord acknowledge and agree, Tenant may make improvements to the Premises pursuant to the plans and specifications approved by Landlord's Metro Division Permits Office, which approvals shall not be unreasonably withheld or delayed. Such improvements shall be at Tenant's expense and may include a five foot (5') in height perimeter security fence, grading and bituminous paving on the Premises. At anytime during the ten-n, if Landlord in its sole opinion determines the grading and the drainage is adversely affecting the surrounding property, Tenant shall make such reasonable changes/improvements to the grading as requested by Landlord. In addition, at the expiration or earlier termination of the term, Landlord has the option to require Tenant to remove any improvements (including the security fence and grading) and restore the Premises to its condition at the commencement of the Lease. Landlord shall provide a thirty(30) day prior written notice to Tenant advising of the Landlord requirement to remove the Tenant-made improvements from the Premises. In the event Landlord does not require Tenant to remove such improvements from the Premises upon Tenant's surrender of the Premises the Tenant-made improvements shall become the property of Landlord. 22. ENTIRE AGREEMENT. This Lease contains the entire agreement between Landlord and Tenant with respect to its subject matter and may be amended only by subsequent written agreement between them. Except for those which are set forth in this Lease, no representations, warranties, or agreements have been made by Landlord or Tenant to one another with respect to this Lease. FILENAtdE: H'\PROPMGNTWPDATA:27 Hennepen:270078 City of Ricnree'd lease.wpd 5 TENANT CORPORATE ACKNOWLEDGMENT FOR TENANT- CITY OF RICHFIELD STATE OF I Y 44.32-tf`b4li ) f ; - COUNTY OF ri ✓1 )s"' Signature /C >�/ 2JAZ ,1Q ) Print Name /BAR /rte/ /6€ 5(71 CORPORATE [ w 1 On this 10 day of SC. reVVJO-it ,20 I Title M4 YOA Date 1�; 'k! t YSUn and mane, maim) , personally known to me,did swear that they are respectively the Signatu ■ ,,�/, Jr ,6Y mom, and of Print e LAN7H dk'/�G'/V0 (Tao rwme cn,a,o,, Cl T corporation under the taws of the State of M , and did Title `7 �'11�N•4C,,rf2 Date execute this instrument on behalf of the corporation by authority of its Board of Directors on behalf of the corporation. fit 1 16_ i OT•RY PUBLIC My Commission Expires: r '1 '05' LANDLORD, STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION JULIE A.URBAN , COMMISSIONER OF TRANSPORTATION �_y' "0'�"YpusucwMlye'SOiA NY C°ftM!SSI°!i EY.A;ggS'37.2305. It dye-��_ L Mw. 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CVO I I i I ■■■ ..■.....,.....:4.....I■L.■,....%.■..i.i... . i CO.....7,..}.2____._ ...6.. i •/ : 1 . I V") 1• 1 , i 'i i I . . . . .. , . ....... , 1 .. ... ,..., • . . . . . 4. • ,i 7 1 • •, tr.• . ...,..../ • 3 \ i ! ". ., I I • . : ., .i •c ‘ • ., : -4 s ' • , ., •. . . . a, 1 •, ,,z,,, ••• / • . , 1 I' ■ , • .-:. • ! i • ! =; • It : . . . • . , \ ---1 % • ... p • ;..J : . , • c. : . • .. . i I .• : • . • ; I 1'.; .i CO '• , ., ■ : . ... . i• ! .• - • . ; . • 1 • ;• • • ORIGINAL LICENSE AGREEMENT- ` , . • August 1,2001 • LICENSE AGREEMENT THIS AGREEMENT made and entered into as of this /6 7// day of /11141;:.; ;' , 2001, by and between THE CITY OF RICHFIELD, MINNESOTA, a Minnesota municipal corporation, (hereinafter referred to as "Grantor"), and the TRANSMISSION SHOP, INC. , a Minnesota corporation(hereinafter referred to as "Grantee"). WITNESSETH: BACKGROUND. Grantor currently holds an interest in the property that is the subject of this license agreement by virtue of a lease agreement between it,as tenant and the State of Minnesota, Department of Transportation(MnDOT),as Landlord. A copy of the lease agreement is attached hereto as Exhibit A.(hereafter referred to as the "Lease"). Grantee acknowledges that until such time as Grantor acquires title to the property}all of Grantor's rights to and in the property that is subject to this Agreement derive from the Lease, and are subject to the provisions and terms of the Lease. ARTICLE I- GRANT, TERM. 1.1 LICENSED PREMISES. In consideration of the fees, covenants and agreements herein reserved and contained on the part of Grantee to be performed, Grantor does hereby license to Grantee the tract of land located at 6945 Cedar Avenue, Richfield. Minnesota and located on land legally described in the attached Exhibit A (hereinafter referred to as the "Licensed Premises"). 1.2 TERM AND EXTENSIONS. The term of this License shall commence on the Commencement Date, and, unless extended as hereinafter provided,will terminate June 30,2006 or such earlier date as may be determined in accordance with the provisions of this Agreement. At the expiration of the term the Grantee agrees to vacate the Licensed Premises and deliver the same to the Grantor.. Grantee acknowledges that as long as the MnDot Lease or its extension is in places Grantor's ability to extend this Agreement is dependent upon whether the Grantor's Lease is extended. Grantor agrees that so long as Grantee requests an extension, and is not in default of its obligations hereunder, and further assuming that the use of the Licensed Premises remains appropriate, that it will utilize its best efforts to obtain an extension of the Lease, and if successful, will extend this Agreement as well. Upon the acquisition of the property, Grantor shall be entitled to terminate this License at any time following the giving of 180 days written notice of such termination. Provided, however, that such termination must be based upon a failure of the parties to agree upon an appropriate license fee applicable beyond the period described in Section 4.1. Grantor may also terminate the License after August 13, 2011 based on a good faith determination by the Grantor that the property along with the property owned by Grantee located at 6958 Cedar Avenue is needed for redevelopment or other public purposes. JBD-198267v3 RC160-4 ✓ . Page 2 ARTICLE II- USE OF LICENSED PREMISES 2.1 GRANTEE'S USE. During the term of this License, the Licensed Premises may be used only for the purpose of the temporary parking of passenger motor vehicles for continuous periods of not more that seven days. At Grantor's written direction, the Grantee shall immediately remove from the lot any vehicle, equipment or item that does not in Grantor's reasonable judgment comply with that purpose. ARTICLE III—IMPROVEMENTS 3.1 CONSTRUCTION OF IMPROVEMENTS. The Grantor,acting through its City Council has previously approved the plans and specifications and authorized the advertisement for bids on construction of the parking lot. (City Project 917-25-957,the "Project"). Subject to its ability to award the contract,the Grantor will commence and prosecute to completion the construction of the parking lot and related site work all as described in the approved plans for the Project. It is anticipated that the work will be completed so that the parking 19t will be available for use by September 15, 2001. 3.2 PAYMENT OF COSTS OF IMPROVEMENTS. The Grantee shall be responsible to the Grantor for reimbursement of Grantor's expenses incurred in connection with constructing the Project including the transplanting of any trees that need to be moved for construction. Following the tabulation of bids for construction of the Project,but prior to the award,the Grantor will confer with the Grantee as to the amount of the bids. Grantee shall deposit with the Grantor security in a form acceptable to the Grantor equal to 125%of the lowest responsible bid. The Grantor shall be entitled to draw upon the security to reimburse itself for payments made for construction of the Project. If the Grantee, for whatever reason,does not make such deposit, this Agreement shall become null and void, the parties shall be released from any further obligation hereunder,and the Grantor shall have no obligation to Grantee to construct the Project: However, the Grantee shall pay the project design and city administration costs incurred prior to the time that this agreement becomes null and void. 3.3 COMPLETION OF CONSTRUCTION--COMMENCEMENT DATE. Provided that Grantee is not in default of any of its obligations hereunder, and has fully reimbursed the Grantor for the cost of the Project, the Grantor shall make the Licensed Premises available to the Grantee upon completion of construction of the Project. The date on which Grantor notifies Grantee that the Licensed Premises are available (or such later date as may be stated in the notice) shall be the Commencement Date. 3.4 TREE PRESERVATION AND PROTECTION. Any trees that need to be removed for the construction shall be transplanted elsewhere on the parking lot site at a location designated by the Grantor. Furthermore, any tree that dies within one year of the Commencement Date shall be replaced by the Grantee with a tree of similar variety and of two and one-half inch caliper. JBD-198267v3 RC I60-4 56 -17 .. Page 3 ARTICLE IV-LICENSE FEE 4.1 LICENSE FEE. The parties have determined that the payments made by Grantee for the construction of the Project are equal to the fair value of the license for ten years. Consequently,the parties agree that for the term of the license, and for any extension thereof, not to exceed a total time of ten years from the.Commencement Date, no license fee will be charged Grantee. ARTICLE V- TAXES 5.1. TAXES. The Grantee shall be responsible for all real estate taxes and installments on special assessments which are due and payable in any year following the Commencement Date and continuing until the termination of this Agreement or any extensions thereof. ARTICLE V7- UTILITIES 6.1 CHARGES. Grantee shall pay for all utility services furnished the Grantee for use on the Licensed Premises. ARTICLE VII-MAINTENANCE AND REPAIRS 7.1 ACCEPTANCE OF LICENSED PREMISES. The Grantee accepts the Licensed Premises AS IS, and WHERE IS with all faults and defects. Grantee shall be responsible, at its cost and expense to maintain and repair the Licensed Premises to the required standards of the City of Richfield, during the term of this Agreement: Grantee acknowledges that the Grantor shall have no obligation of any nature to maintain,preserve or repair the Licensed Premises. ARTICLE VIII-ALTERATIONS 8.1 NOTICE TO GRANTOR. Prior to the initiation of any alterations costing more than $5,000, Grantee shall give Grantor written notice thereof and specify the work to be performed in reasonable detail and include the names of the contractors and materialmen to be utilized. After receipt of said notice, Grantor shall have a reasonable period of time during which it shall make a determination, in its sole discretion, whether or not to permit the work. Grantee shall provide Grantor upon request with any further information reasonably necessary for such determination by Grantor and Grantee shall not commence work or accept materials prior to receiving written notice of Grantor's determination. JBD-198267v3 RC160-4 -1S Page 4 ARTICLE IX-DESTRUCTION AND RESTORATION 9.1 DAMAGED. If a significant portion of the Licensed Premises shall be damaged by any casualty whether insured or uninsured, the Grantor shall have no obligation to repair or rebuild the Licensed Premises. Grantee shall have the option to rebuild or repair or to terminate this License by exercise of notice to Grantor. ARTICLE X-PUBLIC LL4BILITY, INDEMNITY 10.1 GRANTEE'S LIABILITY INSURANCE. Grantee shall during the entire term hereof keep in full force and effect a policy of liability and property damage insurance with respect to the Licensed Premises, and the business operated by Grantee, in which the limits of liability shall exceed the Policy limits which Grantee currently carries on the Licensed Premises to cover the automobiles that will be parked on the premises.. 10.2 INDEMNIFICATION. Except for claims arising out of the willful or negligent act of the other party or its representatives,each party shall indemnify and defend the other party against all claims, expenses and liabilities incurred, including reasonable attorneys' fees, in connection with loss of life,personal injury, or property damage arising out of any occurrence in, upon or at the Licensed Premises, or the occupancy or use thereof by said party, or occasioned wholly orr in part by any act or omission of said party, its agents, employees, contractors. This provision shall not be deemed as a waiver of any statutory liability limits available to Grantor. ARTICLE XI-ASSIGNMENT AND SUBLICENSING 11 NO ASSIGNMENT BY GRANTEE. Grantee may not assign this License to a third party, including, without limitation, a purchaser of Grantee's business at 6958 Cedar Avenue, without the prior written.consent of the Grantor. ARTICLE XII- GRANTEE'S DEFAULT 12.1 EVENTS OF DEFAULT. The following events shall be deemed to be events of default by Grantee under this License: (a) • Grantee shall fail to pay when due any payments or other charges provided herein, or any portion thereof and the same shall remain unpaid for a period of ten -r (10) days after the same has become due; or (b) Grantee shall do or permit to be done anything which creates a lien of record upon the Licensed Premises; and does not cause said lien to be released within ten(10)days after written notice from Grantor; or JBD-198267v3 RC]60-4 Page 5 (c) Grantee has failed to comply with any other provision of this License and has not cured any failure within thirty (30) days, [five(5) days in the case of non- compliance with Section 2.1), or such longer period of time as may be reasonably required to cure such default, after Grantor, by written notice, has informed Grantee of such noncompliance. 12.2 GRANTOR'S REMEDIES. Upon the occurrence of any of the above events of default, Grantor may without providing a notice of termination, or without affording Grantee an opportunity to cure (except as to matters for which the right to cure is specifically given in this Agreement), immediately notify Grantee of such default and may, with such notice, retake possession of the Licensed Premises. 12.3 COSTS,EXPENSES AND ATTORNEYS' FEES. If one party is required to seek legal counsel for collection or to commence or defend litigation in order to enforce or enjoy the covenants and agreements in this License, the party prevailing in such collection, litigation shall have the right to reimbursement from the other party of all reasonable costs, expenses and attorneys' fees. ARTICLE XIII—GRANTOR DEFAULT 13.1 DEFAULT NOTICE TO GRANTOR. Should Grantor default in the performance of any of the covenants on the part of the Grantor to be kept or performed and such default shall continue for ten (10) days after written notice to Grantor from Grantee specifying such default, Grantee shall have the same remedy as is available to the Grantor in section 12.2 above. ARTICLE XIV-MISCELLANEOUS PROVISIONS 14.1 COVENANT OF QUIET ENJOYMENT. Grantee, subject to the terms and provisions of this License,on payment of the license fee and observing, keeping and performing all of the terms and provisions of this License on its part to be observed, kept and performed, shall lawfully, peaceably and quietly and exclusively have, hold occupy and enjoy the Licensed Premises during the term hereof without hindrance or objection by any persons lawfully claiming under Grantor. 14.2 ACCESS TO LICENSED PREMISES. Grantee shall allow Grantor and its officers, agents, assigns, contractors and employees access to the Licensed Premises during regular business hours, on 24 hours' prior notice for purposes of inspecting, surveying, testing and any other pre-demolition activities which are deemed necessary to the Grantor for purposes of reuse of the Licensed Premises. The Grantor will use reasonable efforts not to interrupt or disturb Grantee's business in the course of conducting said activities, and shall indemnify Grantee for any damage to inventory, stock, moveable trade fixtures and like items occasioned by such activities. 14.3 SURRENDER OF LICENSED PREMISES. At the expiration or termination of JBD-198267v3 RC 160.4 51?) /)1) Page 6 this License, Grantee shall surrender the Licensed Premises in an "as is" condition, but may remove therefrom all advertising signs and devices and all other property placed on the Licensed Premises by Grantee. All such items not removed shall forfeit to and be deemed the exclusive property of Grantor. 14.4 LIENS. Grantee agrees not to suffer or allow any liens to be placed against the Licensed Premises as a result of Grantee's activities during the term of this Agreement; including, without limitation any liens for labor or materials provided for any repair, maintenance,modification,alteration or construction of the Licensed Premises. 14.5 NO DAMAGES, NO RELOCATION BENEFITS. Grantee understands and acknowledges that Grantor is willing to enter into this Agreement and carry out its obligations hereunder only because Grantee has agreed that it will make no claim for damages upon termination of this Agreement. Specifically, and without limitation of the foregoing, Grantee understands that upon the expiration or other termination of this Agreement, Grantor has no obligation to provide it with other parking, to compensate it for the value of lost parking, to compensate it for the impact of the lost parking on the value of the business, or on the income or profitability of the business, to acquire the business or any part thereof, to pay or offer relocation • benefits or relocation assistance. 14.6 NO PROPERTY INTEREST. This instrument is not a lease, creates no landlord- Tenant relationship,and nothing in this Agreement will be deemed to create any property interest other than as expressed in this Agreement. 14.7 GOVERNING LAW. The laws of the State of Minnesota will govern the validity and interpretation of this Agreement. 14.8 iNOTICES. Any notice which is required under this License shall be deemed "given" upon hand delivery or three (3) days after prepaid posting in the U. S. Mail whichever shall first occur. IN WITNESS WHEREOF, the parties hereto have affixed their signatures the day and year first above written. GRANTOR: . THE CITY OF RICHFIELD By ,41:}1-1 Martin Kirsch Its: Mayor By: �4,4•-32r i { _. ��, Samar a �no 1BD-198267v3 RC16Q-4 Page 7 Its: City Manager GRANTEE: TRANSMISSION SHOP, INC. By: Its: Presiden STATE OF MINNESOTA I ss.: COUNTY OF HENNEPIN i The , foregoing instrument was acknowledged before me this / day of t ztgLIS7'— , 2001, by Martin Kirsch, the Mayor of the City of Richfield, a Minn ota public corporation,on behalf of the corp•ration. II .. -,��7 yr' f - *'�' ,:._; FRANCES M.FLET «' - G_,,L,L..a t 1'u—e-�4 ;, ;:' .,. NOTARY PUBLIC— "•'ten '—`,-,. ' e'. MY JANUARY 2005 A YV1AMMA.W./Wt'•1MtselVrt VIAA MAMWit 1BD-198267v3 RC 160-4 Page 8 STATE OF MINNESOTA } ss.: COUNTY OF HENNEPIN i The foregoing instrument was acknowledged before me this /f day of 1`/u gtc.� ,2001, by Samantha Orduno, the City Manager of the City of Richfield, a Minnesota public co .oratio •, .--t;,,. .._. • co_'oration. I *'`x^ FRANCES M.FLETCHER ' /1 ,l :' # waraF,PUBtic-�r+ sarn A CSC. kt e L., -c`( (�f �� ;^_.. _, MY COMMISSION ae-i "m Public ",?- JANUARY 31, $1. - r. STATE OF MINNESOTA } ss.: COUNTY OF HENNEPIN Q The foregoing instrument was acknowledged before me this B \ day of uc,-k- , 2001, by �-- e-re.. ) P...,kn5-e , the President ofTransmission _ Shop`;'Inc., a corporation under the laws of the State of Minnesota, on behalf of the corporation. Notary Public r74,... PAMELA J.800KHOLTT Notary Public . Minnesota JM-1982670 RC1 60.4 - Parking Lot at Cedar Avenue and Diagonal Boulevard 56 -)3 ,.. . . -m, , . ON r 1111-;4?"':-# -. --'7!''''. ' .'. ,.. ....."' 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AGENDA SECTION: CONSENT AGENDA ITEM# 5 C REPORT# 91 STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 22, 2012 REPORT PREPARED BY: KRISTIN ASHER, CITY ENGINEER NAME,TITLE DEPARTMENT DIRECTOR Er REVIEW: ` /� / SIGNATURE 01 REVIEWED BY CITY I A, MANAGER: q/ Are. g ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached reimbursement resolution to incur costs for the potential reconstruction of Richfield Parkway Phase II (63rd to 65th Streets). I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution authorizing City staff to incur costs for the reconstruction of Richfield Parkway Phase II (from 63rd Street to 65th Street). II. BACKGROUND At the May 8, 2012 City Council Worksession the Council asked staff to pursue a Special Assessment Project for Richfield Parkway as outlined in the staff presentation (attached). The attached reimbursement resolution is the first step in that process. Richfield Parkway North Connection Consistent with the Capital Improvement Plan and with both the City's Comprehensive Plan and Surface Water Management Plan, the City Council has approved the 25 mph Curve Alternative as the future alignment for the Richfield Parkway North Connection between 17th Avenue and Bloomington Avenue. The North Connection is a replacement roadway connection for the old Cedar Avenue and Taft Lake Frontage Road that will be removed with the upcoming Taft/Legion Improvement Project. The Richfield Parkway North Connection is expected to be constructed in spring 2013. 05222012RichParkRes Richfield Parkway Phase II (63rd to 65th) In order to include the Richfield Parkway Phase II (63rd to 65th) in the 2013 construction with the North Connection, the development of the project and purchase of 13 homes must occur in a timely manner. Special Assessment Bonds Staff is recommending the City Council move forward with a Special Assessment Bond to finance the purchase of the homes. At a minimum, 25% of the bond amount would be assessed to the adjacent property owner (anticipated Housing and Redevelopment Authority), the remainder would be assessed citywide. Staff will pursue the Resident Driven Option requiring a petition from the neighbors to trigger the assessment of the project. Reimbursement Resolution Upon adoption of the attached Reimbursement Resolution, the Council may authorize certain expenditures (such as appraisals and engineering costs) for the Richfield Parkway Phase II project. Expenditures will then be eligible for reimbursement in anticipation of approval of an issuance of a special assessment bond. The approval of the resolution does not commit the City to bond for the project. Neighborhood Meeting A neighborhood meeting is scheduled with the residents identified as a total acquisition in Phase II. That meeting will be held on Thursday, May 24, 2012 at 6:30 p.m. at the Richfield Public Works building. III. BASIS OF RECOMMENDATION A. POLICY • Replacement of Cedar Avenue by a new Richfield Parkway is identified in the Comprehensive Plan (6-19) • The proposed Richfield Parkway would provide a secondary access to Cedar Point Commons as required in the developer's agreement. B. CRITICAL TIMING ISSUES • In order to include Richfield Parkway Phase II in with the 2013 construction of the North Connection, staff needs to begin working on the acquisition of the necessary properties. C. FINANCIAL • Total Estimated Uses $3,165,000 • Estimated Sources: Three Rivers Park District $ 320,000 Hennepin County $ 627,000 Total Estimated Sources $ 947,000 Estimated Funding Gap $2,218,000 • Estimated Special Assessment Bond Sale $2,283,000 (includes origination fees, etc) • The attached resolution establishes an estimated maximum principal amount of$2,500,000 for the Special Assessment Bond. D. LEGAL • The City Attorney will be present to answer any questions. E. ENVIRONMENTAL CONSIDERATIONS • None. IV. ALTERNATIVE RECOMMENDATIONS) • The City Council may choose to not adopt the resolution at this time and direct staff on how to proceed. V. ATTACHMENTS • Resolution • Graphic of Richfield Parkway Phase II (63rd to 65th) • Proposed Special Assessment Bond Graphic • Worksession Presentation VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. DECLARING THE OFFICIAL INTENT OF THE CITY OF RICHFIELD TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WITH RESPECT TO RICHFIELD PARKWAY 2012 IMPROVEMENT AND STREET RECONSTRUCTION PROJECT WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150-2 (the "Reimbursement Regulations") providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City of Richfield, Minnesota (the "City") expects to incur certain expenditures that may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of tax-exempt bonds; and WHEREAS, the City has determined to make this declaration of official intent (the "Declaration") to reimburse certain costs from proceeds of bonds in accordance with the Reimbursement Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD, MINNESOTA AS FOLLOWS: 1. The City proposes to undertake the Richfield Parkway 2012 Improvement and Street Reconstruction Project within the City (the "Project"). 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Project from the proceeds of bonds in an estimated maximum principal amount of$2,500,000. All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Reimbursement Regulations. 3. This Declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount not in excess of$100,000 or 5 percent of the proceeds of an issue; or (c) "preliminary expenditures" up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that finance or are reasonably expected by the City to finance the Project for which the preliminary expenditures were incurred. The term "preliminary expenditures" includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction. 4. This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof. The anticipated original expenditures for the Project and the principal amount of the bonds described in paragraph 2 are consistent with the City's budgetary and financial 05222012 Rich ParkRes J'7` circumstances. No sources other than proceeds of bonds to be issued by the City are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside pursuant to the City's budget or financial policies to pay such Project expenditures. 5. This Declaration is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following voted in the affirmative: The following voted against: Councilmember was absent. Adopted by the City Council of the City of Richfield, Minnesota, this 22nd day of May, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk + ,q� .g yam,ps �� ,,, - ,,,, .„,,,, ....,, , 1 • .,„...„ ,., C . y . - .. -- r eli4 - �0;.. p 7 J 4,, t � e. , ..—. a .. . u✓ I —.''''. 4'..?: Mkt AK, 0 L .. 7 2 n tl a 4 x- _3;`ya �p a ' m fl 8. 9 -.�6 • __ 1.:. b I — daAsa a 1 b i n .e..7 > i ,41i.....wiri. f',,,,,ke.74.:NtiA1'1 -!!"" 0 t:i WI:4'i;.;s!':i ,,' i , ''''' 2 AlUli t' - -r„... *. .. '', , ro_ . d —. u 1 _ •. tlam= z .. . Et ......• , 0 r--- ��apeyl y4' a✓ ., '-,..'''•' ' '4 4.1•.. ,:- ' , .. illk ' •,. ..:di�� .. - + r °" a - }� � , .* y A"._�'j a d i d d d od 1 -: + 1 �``i — jadd i P _ • ., �! m . is J a a .i- + '. . - +. d r!' - ' J . ''�: gee- 9 , isc ' L `= , :: :,,pplit, 4: . k ,: __ '.‹,rjoimpitir.:: ,, , 1-.1 ., .,:,;;'-,-,•:-.7 J Qf 7 c - a c,� m°v v ,• - � � I� ,F ; O�C Q�— N 1) n p n . i. 5C-4 0) I rn -0 ,_,, xi: cn m m II 1 f< i • 0 *. x) co -o a < < 3 > D O 0_ o O, a 0 = CD 7' > (1) 2 cn a) CI - .-i- — 3 (7" = - 13 0 W .... :-� 0 -a -Go -Go -ij 3 CD 00 -p o 000i -Eft O (•) 0 0 C `< 0 al b CO V -I o W o Oa W o -o (I)X rn m — ^ . . K K o 2 .A CD < < rn N N N � o N CD C� o o 0 0o0 3 . . G) 0 CD te -Go '--h -o Oo W 0) CO O IL a El a Legion Lake Elements City Council Worksession x-- � i • Grit Chambers May 8, 2012 • Storm Water Reuse 1. Taft—Legion Project Update ,. —Irrigation —Infiltration 2. Richfield Parkway Phase II (63rd to 65th) ' • Wetland Buffers 3. Three Rivers Park District 't Intercity Regional Trail Master Plan ' : if .em.MSw.•a.rea• ` •p,aay J rwm y. Fft Taft Lake Elements Taft-Legion Project Timeline • Flocculation Treatment • April 26th - Minnehaha Creek Watershed System District(MCWD) Completed Plan 2 • Storm Water Reuse Amendment Process —Infiltration • Summer 2012 ii` • PW Storage Area •Approval of Cooperative Agreement • Order Final Design of Project it yet ; ` • Frontage Road Removal Purchase 3 homes at 63rd/Bloomington 7 ; Richfield Parkway North • Winter 2012—Advertise Project Connection • Spring 2013—Construction Begins "._ * us Saturday Morning Tour Taft — Legion Project Who: MCWD Board of Managers Estimated Uses: Taft Lake Storm Water Elements 51,800,000 What: Taft Lake Tour North Connection ROW S600,000 Review of Project Features North Connection Road Construction $900.000 J ROW Services $20,000 EngineeringlLegalAdmin 5225,000 When: 10:20 a.m. Conangency20% 5300.000 Saturday, May 12th Total Uses $3,845,000 Estimated Sources: Where: Meet in the Parking Lot off of cit0 Munic5el Orate Aid) 01,145,000 Bloomington Avenue Minnehaha Creek WO 52,700.000 Total Sources 83,845.000 The tour should last about 1/2 hour. .rremn ronbew• Funding Gap $0 p,++Ke,s,,.,p ,. nftJ J 1 1 i Richfield Parkway— Phase I Richfield Parkway North Connection (North Connection) • 2010 Technical Advisory Committee +1600ADT • City—Public Works,Community Development,Recreation 1 IN • Hennepin County • Metro Transit '.- 4� •.•„4. MO MT 2500 ADT • Three Rivers Park District tom'\_ - • WSB&AssociatesQD1 6300 "'"”" �, • Open Houses—11/17/10&1/19/11 • March 2,2011 Transportation Commission Final e Recommendation -900 ADT z000 ADT • March 10,2011 Open House • March 22,2011 Council Approval !:,• T�aCM.. ii Richfield Parkway— Phase I I Phase I I Estimated Funding Status (63rd Street to 65th Street) Iw-4 ( .. s I- t• Estimated Uses , c •14 homes needed 1, t 17th Avenue ROW $1,050,000 �!:: �lpatrid:, I�. •HRA purchased 6420 17. Row Services $too,000 lT >f d 1"-::::,;;-. Peso Construction i634.65Nl $400,000 ,s Y�- , 0; ,. EngeerinO LTeg RP I/O A Pem0n $$120050 ] -M Contingency 20% $400,000 :.t! 411 g''yG, F I- Tow Wes 50.166,000 ..'s Estimated 3000 0$ 4 p . TRPD Capital $120,000 i~ ® gam Ov"-r TRPD RAM et Way $286.000 1.1:,....,- I'+... Hennepin County Community Works $627,000 ,Y" Y.;'* . %1 7 5 Total Sources $547,000 f 'r �■I I n Funding G.p 52.218,000 !` •pmMS•'rW ak05w. •woa7 J NMI.y. Proposed Special Assessment Bond Special Assessment Options Est. Bond Sale(to cover gap): $2,283,000 Opt 1: Council Driven Opt 2: Resident Driven • Council ordered • Residents petition(35%) HRA Assessment: $600,000(-25%of Gap) • 4/5 vote • 3/5 vote HRA Annual Payment:$45,330 • Negotiate after the • Advance negotiation project is ordered Citywide Debt: $1,658,000 • Higher condemnation • Costs identified before Estimated Annual Property Tax Increase potential project is ordered EMV$125k: $5.40 EMV$200k: $9.86 • Limited condemnation EMV$150k: $6.89 EMV$275k: $14.32 potential •Po"J nkt+w• ,pro"J waa.lu• 2 1 2012 Project Timeline Policy Direction May/June Resolution—Feasibility Study Open House 1. Does the Council want to move forward Obtain Appraisals July/August Obtain Petitions/Order Project with Richfield Parkway Phase I I ? Execute Purchase Agreements Resolution—Public Hearing 2. If so, should staff proceed with Special September Hold Public Hearing Begin Purchasing Homes Assessment Bond funding scenario? Begin Condemnation Process Winter 2012 Advertise for Bids Spring 2013 Award Construction Contract/Begin Work •pp"U.9 M... •ploWN J WdO.. Intercity Regional Trail Master Plan Intercity Regional Trail Master Plan • Three Rivers Park District • Transportation Commission recommended • Kelly Grissman,Senior Manager of Planning approval of the Master Plan • Stephen Shurson, Landscape Architect • City Council consideration on May 22nd .p,u,•;J ama,y. •vmnM J W?.15y ! 3 AGENDA SECTION: RESOLUTION AGENDA ITEM# 7 REPORT# 92 STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 22, 2012 REPORT PREPARED BY: JEFF PEARSON, TRANSPORTATION ENGINEER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 1_I f. REVIEWED BY CITY MANAGER: r ' >°r V ,. f ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution supporting the Intercity Regional Trail Master Plan. I. RECOMMENDED ACTION: By motion: Approve the attached resolution of support for the Intercity Regional Trail Master Plan as recommended by the Transportation Commission. II. BACKGROUND Three Rivers Park District is nearing completion of the Master Plan for the Intercity Regional Trail. As part of the plan approval process, the Park District is requesting a resolution of support from local agencies in which the proposed trail will reside. Staff from the Park District presented the Master Plan to the Richfield Transportation Commission at their meeting on April 4, 2012 and to the City Council at a work session on May 8, 2012. A copy of that presentation is attached. The Transportation Commission unanimously recommended the resolution of support at the meeting on May 2, 2012. The Intercity Regional Trail Master Plan reflects the input from both the public and 052220121 ntercityTrailRes multi-agency staff through multiple meetings and open houses. Three Rivers Park District has secured Federal funds for the construction of the trail and is proposing to begin work in 2014. III. BASIS OF RECOMMENDATION A. POLICY • The Intercity Regional Trail Master Plan is consistent with the City's Comprehensive Plan (Transportation p. 6-39) B. CRITICAL TIMING ISSUES • Three Rivers Park District needs to receive local resolutions of support in order to obtain approval of the Master Plan by the Park District Board and the Metropolitan Council in 2012. C. FINANCIAL • Supporting the Master Plan will not have any financial impact on the City. D. LEGAL • No legal issues are apparent. E. ENVIRONMENTAL CONSIDERATIONS • Environmental considerations were included in the master planning process. IV. ALTERNATIVE RECOMMENDATION(S) • The City Council may choose not to adopt the resolution at this time. Lack of local support could prevent plan approval and future trail construction. V. ATTACHMENTS • Resolution of support • May 8, 2012 Worksession Presentation VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION OF SUPPORT FOR THE INTERCITY REGIONAL TRAIL WHEREAS, The City of Richfield recognizes Intercity Regional Trail as an important component of the regional parks system that serves residents of the City and the region; and WHEREAS, The City of Richfield recognizes that Three Rivers Park District, the cities of Minneapolis, Richfield, and Bloomington, Minneapolis Park and Recreation Board, Hennepin County, Metropolitan Airport Commission, Minnesota Department of Transportation, and United States Fish and Wildlife Service have gathered significant public input in the development of the master plan for Intercity Regional Trail corridor; and WHEREAS, The City of Richfield recognizes that the Intercity Regional Trail Master Plan is consistent with other approved local and regional plans including the 2008 Comprehensive Plan and 2012 Draft Bicycle Master Plan; and WHEREAS, the City of Richfield supports the Intercity Regional Trail master plan, acquisition, construction, operation, and maintenance as is necessary to implement a contiguous and continuous regional trail corridor; and WHEREAS, the City of Richfield supports the use of public right-of-way and parkland to successfully implement a contiguous and continuous Intercity Regional Trail corridor in accordance with the Master Plan; and WHEREAS, The City of Richfield supports Three Rivers Park District, Minneapolis Park and Recreation Board, and City of Bloomington in the acquisition of land necessary to successfully implement a contiguous and continuous Intercity Regional Trail corridor in accordance with the Master Plan where adequate public right- of-way and parkland does not exist; and WHEREAS, The City of Richfield supports Three Rivers Park District, Minneapolis Park and Recreation Board, and City of Bloomington in the construction, operation, and management of a contiguous and continuous Intercity Regional Trail in accordance with the Master Plan; and WHEREAS, The City of Richfield recognizes that Three Rivers Park District with the support of the cities of Minneapolis, Richfield, and Bloomington, Minneapolis Park and Recreation Board, Hennepin County, Metropolitan Airport Commission, Minnesota Department of Transportation, and United States Fish and Wildlife Service secured a Federal Surface Transportation Program (STP) Grant in the amount of$5.72 million to construct 3.8 miles of the Intercity Regional Trail; and r �] �.T WHEREAS, The City Richfield supports the development of a Regional Trail Cooperative Agreement further establishing the acquisition, construction, operation, maintenance, and funding responsibilities of the Intercity Regional Trail within six months of the date of this resolution in light of the Federal STP grant sunset date of March 31, 2015. NOW, THEREFORE, BE IT RESOLVED, that the City of Richfield supports the Intercity Regional Trail Master Plan and hereby recommends that Three Rivers Park District, Minneapolis Park and Recreation Board, and City of Bloomington acquire, construct, operate, and maintain the Intercity Regional Trail pursuant to the conditions and guidelines delineated by the Master Plan and Federal STP grant. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of May, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ,v).) ThreeRivers PARK DISTRICT City of Richfield : City Council Work Session Intercity Regional Trail Master Plan Regional Trail ThreeRivers PARK DISTRICT •,x• ..., ' Rush Crank o.a nnr.. Regional Trail Three Rivers Park Lake Independence Regional Trail C (/� ie r.. D I s t r I V t R ° 0,_. CN take Shingle Creek Regional ion lonal Trail \ Regional Trail Haan.take y Regional Trail System +a M"ai�-°� gpaur \\\\\\ T RWer Sarah Creek �1 -.•i.iai 1 Twln Lakes „ xx Regional Trail �� •" ' I � Reglenal Troll x +�'•."•. Luca Line Regi ✓ 120 miles of existing ope Line at:;,, °nal Trail f State Troll Diagonal Regional Trail trails IS Cree North Ctlar Lake Regional Trail Regional Trail Lake minotenice "7"7 ✓ 70 miles of planned Cedar Lake L trails ._a�u�%•� %Dakota Rpbn.IT ail Rain Regional Trail / i .art d Re9lonlalT Ilk ✓ 3+ million annual visits +recta Lake Mimietonka LRT Regional Trail Minnesota River Bluffs LRT Regional Trail x L In[ercRy Regional Trail n Minnesota Valley State Trail Y NORTH Three Rivers Park District I Regional Trail System Open Alternative Route �ei.raM.ar.el..rwn Under Construction Future Planning Current Planning Lakes r w Three Rivers Park District: � — LT §-,-i_! t ` , g 2 5 K r '.<J ",z City of Richfield Regional Trails `¢"°"` ` 3 dtcre > ,t..sr' SI Nine Mile Creek Regional Trail:Under Construction _ _ <3 Co ection to •�'x° e iii • • • Nine Mile Creek Regional Trail:Future G • d Rounds ' g „ Tra System at e •••• Proposed'Intercity'Regional Trail N ='-"'' La e Nokomis OS,5, Miles SJ • `" 0 0.25 0.5 0 75 t • :-) qq 7w2 ,61:T4 ST* t : ., ar„;rr ” re - ST,re • w n ,>w ^j... Connection to ,,,:hf-,:I -_... ,r e G CO. Southdale Mall and § _ „,,,s,„1_ 77Sr,a 7,.r,rr 77c Minnesota River Bluffs _ „s sr„ sa ” a ♦7 '':, LRT Regional Trail 737D ST 73x°s.37 7311°rrr o Connection to " S o Mall of America, " 31 �� g 73RD ST a .,t°,,r 01 Cedar Avenue Bridge W a .� ,.Y ,.x,.r and 7,r„,r� 3 Mi esota River Wildlife e p Y R uge Visitor Center .,-..i,:,,,6,6 S W ,,;••• •g•$.gq�a�;:fit=• •g_s;errv< �- G v j >7.„33■ 663 3 s ° • 7,„<e - •• nut 7m„ C __... .-.. } _... r„•. 7a*.sr a -_ •.. .. Vr„lah,4 „5„ ..-.. a ... IV e .°wx of ,L r�,.r . • Duce ox °o i t e7vcm sv:str _ m I*. Presentation Outline ✓ Public Engagement Processes ✓ Intercity Regional Trail Summary ✓ Next Steps 7 -6 Public Engagement Processes : Key stakeholders and engagement methods Municipality and Agency Engagement and Involvement ✓ Task Force: January 2011-May 2012 ✓ Check in with local committees/councils o Richfield Transportation Committee (January 5, 2011) o City Council Work Session (April 12, 2011) o Transportation and Community Services Commissions (April 4, 2012) ti . . General Public Engagement and Involvement is ✓ Open Houses: ..N o June 20, 2011 (Bloomington) �,� o June 29, 2011 (Richfield) " o February 21, 2012 (Minneapolis) ~%` ;.� ,ow✓ Public Comment Period: April 2012 Minneapolis Grand Rounds la Minneapolis Trail la t Intercity �� Minneapolis/ St.Paul Regional Trail Airport Nine Mile Creek Intercity Regional Trail Regional Trail SummaryRichfield Rine Mae Creek Proposed Route and Regional Trail (Future) ;" Key Connections ' M.11of 'NNine Mile Creek v (Am.lca Regional Trail(Interim) o R Bloomington I h oA s e / ■ \ y �o 0 0 0.5 1 1.5 2 Miles #TH 1 "N.Existing Trail -- Current Planning 1 - t Intercit Y Regional Tonal Trail �. Summary Proposed Richfield Segment 'i c F, i 'ili ✓ Selected route shown in red o Taft Park ,, o Richfield Parkway (west side) i ;o 66th Street (north side or : , .,, alternative route) I; - o Cedar Avenue (east side) � o 76th Street (north side) . o 12th Avenue (undetermined) i is '* tr, .r ♦. Minneapo l inneapolis Trail Ro Intercity Regional Trail Summary Areas of further study and flexibility y Intercity Regional ✓ 12th Avenue chfield Nine P. o East -OR- West side of 12th Avenue 1Regiol ✓ Location of new pedestrian/bicycle bridge over I-494 II o East -OR- west side of 12th Avenue MaFFef �N [Alen R • Connection between Richfield , _. Parkway and Cedar Avenue o 66th Street - OR - r ,„.1..,,,, - cz on 17th Avenue to 67th Street .. Key' (�' a STP Route t, e m so Option 1 NN I1 (STP Route) . ; Option 2 �, 4 Intercity Regional Trail Summary Typical Cross Sections ✓ Trail design within 0Eyy DTH AT MAX 296SLOPE ON right—of—way will be p T } f£,.,. „4,, SHOULDER. e rT ,� �sr5 « MA%IMUM SLOPE(H:V ^ Aa yI fl OUTSIDE OF7SHOULD ER. similar in nature to •' .I: 9 PREFERRED 3'CLE ARPNCE Q' .MIN FROM TREES OR OTHER Nine Mile Creek OBSTRUCTION. Regional Trail along 0 SEEP EI SHEETS FOR TRWL PINGING c Street BOULEVARD VARIES IN WIDTH, 76th Street BUT SHALL BE AMIN OF SIGN INSTALLATION NOT ■PLICABLE IN ALL AREAS. 0 n4AX ,e Mwuam w'wnI CROSSOPIO. NZS%F OR SLOPE DIRECTION Clem Zone Afore TlK, O MIN.3 BETWEEN EDGE OF Tun nee BUnones 1' TRAIL AND EDGE OF SION. Aco0,MOIT. 0 W y �a 9f Y G O reap, -eJ _- .—_•_ -- — "� auae,r „uand + ' &Tops aI,TVP— Intercity Regional Trail Summary Wayfinding and Kiosks ✓ Level A - map of regional trail system and trail etiquette information, map and aerial of Intercity Regional Trail, and directional signage o None proposed in Richfield ". ✓ Level B - map and aerial of Intercity Regional Trail °� and directional signage o 1 at Taft Park o 1 near Washington Park or near 12th and 494 }' ✓ Level C - directional signage o N4 located at key directional changes ✓ Upon City's request, garbage receptacles will be -., added to Kiosk locations 156 Intercity Regional Trail Summary Anticipated Trail Visitation ✓ Annual Visitation: 184,000 O UGr.n6 ROUDCS Tt o 50% of visitation from within . ,10,....---,,,- " Minneapolis, .5 miles of trail corridor / * I 1 / Port o 75% of visitation from within -,- %a,tar<ltT Minneaaolis l Snel 2 miles of trail corridor Regional Tr --4., croon Richfield Nine Mile creek// /Regional T allf(.FUture) Regional Trail Activity Use ' Nine Mil creek In."'"{---~—' I , Regional Trail I Percent of Trail Activity 1 Nine Mile C eek Expected Use � Regional Trail(•Interim) Bloomingcon \ / Walking/Hiking 12% I d ■ Bicycling 79% 1 i 1 Running/logging 6% \` s° / j In-line Skating 3% a. / 0 ■ Other <1% ■ - { O Core Service Area(0.5 Miles) ti Intercity Regional Trail 0 O S tuiks A 1 •.,primary Service Area(2 0i100 Current Planning '�Existing Trail Intercity Regional Trail Summary Estimated Cost ✓ Acquisition Costs: $630,000 o Estimate designated for Richfield: $326,000 ✓ Capital Costs: $8,994,000 o Estimate designated for Richfield: $1,989,960 ✓ Operations and Maintenance Costs: $3,817/yr o Estimate designated for Richfield: $3,000/yr �, 1 .Existing Lake Nokomis Parkway.+________J___J L.__—__f__ (part of the Minneapolis Grand I ►� i1 Rounds Regional Traip ��"'liFol — +� Funded Trai Segment 1 —" (OIF--Street Traip Intercity Taft Park Olydate Trail (Construction date:tbd) -- Retrofit Existing Bloomington Ave Bridge r`-`�ti lL. i f�c, Regional Tra i I l Future Richfield Parkway e:t Street Trei (Construction date:tbd) Funded Trey Se 2 L �yl (IXFStreet Traip I I Bike Lockers at Cedar Summary /__- __ Pant Commons Transit Hub Existing Trai Surface Transportation - _ ' . Funded Trail Segment3 Nine Nile Creek (Ott-Street Traip / Regional Trail New pedestrian/bicycle bridge Program Federal Grant . I y o'er 1-494 adjacent to 12th Aye ✓ Grant status: received — - Ill FundedTralSegmext4 ________ �_ (OIFSreet Trai) Existing Trail __._ U ✓ Project overview and cost - - �� NORTH$u MENT T QS' SOUTH S, MENT. 4' ‘Z Local support _ Future Trail ✓ Funded/unfunded sections '� (COnsUdionedatetbd) CmneQim wih e>asting ✓ Timing ��\ pedestraM ebadga aer the Mnnesda River A/ and Dakda Cwnty Trail O,,,, , Ndwvk - Connection to proposed �, 4' .. / MN ValleyState Trail 2� 0.5 1 I 4- _ �.I 0 l Miles Intercity Regional Trail-Surface Transportation Program Funded Segments Next Steps ✓ Master Plan Approval • Local resolution of support: Minneapolis, Minneapolis Park and Recreation Board, Richfield, Bloomington (Spring/Summer 2012) o City of Richfield Transportation/Community Services Commissions April 4/May2, 2012 o City of Richfield Council work Session May 8, 2012 o City of Richfield Council May 22, 2012 • Letters of support: MnDOT, Hennepin County, US Fish and Wildlife Service (Spring/Summer 2012) • Regional approvals: Metropolitan Council and Three Rivers Park District (Fall 2012) ✓ Typical Regional Trail Agreement (Fall/Winter 2012) ✓ Trail Design (Spring/Summer 2013) • Public involvement process ✓ Trail Construction (2014)