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091112completeagenda CITY OF RICHFIELD, MINNESOTA TUESDAY, SEPTEMBER 11, 2012 RICHFIELD MUNICIPAL CENTER 6700 PORTLAND AVENUE SPECIAL CITY COUNCIL WORKSESSION BARTHOLOMEW CONFERENCE ROOM 6:15 P.M. AGENDA Call to order Roll call 1. Discussion regarding Taft-Legion Storm Water Quality Improvement Project Cooperative Agreement (Council Memo No. 102) 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) Regular City Council Meeting of August 13, 2012; (2) Special City Council Meeting of August 17, 2012; and (3) Special City Council/HRA/Planning Commission Worksession of August 20, 2012 PRESENTATION, 1. Update regarding Emerald Ash Borer COUNCIL DISCUSSION 2. Council discussion • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 3. Council approval of agenda CONSENT CALENDAR 4. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action on these items is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of rejecting all bids submitted for 6444 Lyndale Avenue Municipal Liquor Store upgrade S.R. No. 151 B. Consideration of approval of first reading of ordinance authorizing capital improvements to upgrade Municipal Liquor Store at 6444 Lyndale Avenue pursuant to Richfield City Charter Section 8.04 and setting public hearing and second reading for October 9, 2012 S.R. No. 152 C. Consideration of approval of resolution declaring costs to be assessed and ordering preparation of proposed assessment roll for unpaid false alarm user fees against private property and setting public hearing for October 9, 2012 S.R. No. 153 D. Consideration of approval of resolution declaring costs to be assessed and ordering preparation of proposed assessment roll for weed elimination from private property and removal or elimination of public health or safety hazards from private property and setting public hearing for October 9, 2012 S.R. No. 154 E. Consideration of approval of accepting bid minutes/tabulation and award of contract to NAC Mechanical and Electrical Services for emissions reduction improvements for water system generators in amount of$158,027 and authorizing staff to approve construction contract changes up to $15,000 S.R. No. 155 F. Consideration of approval of resolution authorizing acceptance of Statewide Health Improvement Program (SHIP) reimbursement grant in amount of$3,333 for purchase of video traffic count system S.R. No. 156 G. Consideration of approval of contract change order#1 to Maenke Brothers Outdoor to install irrigation for final phase of Honoring All Veterans Memorial in amount of $23,997 S.R. No. 157 H. Consideration of approval of temporary expansion of licensed premises for Lariat Lanes, 6320 Penn Avenue, to allow outside service of strong beer on September 16, 2012 in connection with Richfield's Open Streets at Penn Fest S.R. No. 158 I. Consideration of approval of award of contract to Semple Building Movers, Inc. for sale and removal of house at 6420-17th Avenue S.R. No. 159 J. Consideration of approval of temporary on-sale intoxicating liquor license for Church of the Assumption, 305 East 77th Street, for Festember event on September 22, 2012 S.R. No. 160 Notes: 5. Consideration of item(s), if any, removed from Consent Calendar Notes: PUBLIC HEARING 6. Public hearing and second reading of ordinance authorizing capital improvement project for renovation of Fire Station 2 Staff Report No. 161 Notes: PROPOSED ORDINANCE 7. Consideration of second reading of ordinance amending Richfield City Code, Subsection 601.25, relating to placement of garbage, refuse and recyclable containers Staff Report No. 162 Notes: RESOLUTIONS 8. Consideration of resolution approving conditional use permit allowing lighted ball field and new accessory features at 7001 Harriet Avenue, Richfield High School Staff Report No. 163 Notes: 9. Consideration of 2012 Revised/2013 Proposed Budget resolutions adopting 2013 preliminary property tax levy, setting truth in taxation hearing date, authorizing budget revisions, and authorizing revision of 2012 budget of various departments Staff Report No. 164 Notes: CITY MANAGER'S REPORT 10.City Manager's Report Notes: 11.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: 12.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. CITY OF RICHFIELD, MINNESOTA Office of City Manager September 6, 2012 Council Memorandum No. 102 The Honorable Mayor and Members of the City Council Subject: Taft-Legion Storm Water Quality Improvement Project Cooperative Agreement (Agenda Item No. 1) Council Members: During the City Council Worksession on Monday, September 11, 2012, staff will present the following for discussion: • A brief review of the Taft/Legion Storm Water Quality Improvement Project • Terms of the Cooperative Agreement between the City and the Minnehaha Creek Watershed District (MCWD) • Elements of a Letter of Understanding with the Metropolitan Airport Commission (MAC) • Project Schedule Ple-.-e ontact Mike Eastling, Public Works Director, at 612-861-9792 with questions. 9,-ctfully nxtte. l , r.-0,1)ICA // ,, :.S wevich -- City Manager SLD:cak Email: Department Directors Assistant City Manager CITY COUNCIL MEETING MINUTES .eel Richfield, Minnesota #g14411 Regular Meeting August 13, 2012 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Pat Elliott; Fred Wroge; Tom Fitzhenry; and Sue Sandahi. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; Todd Sandell, Public Safety Director; Wayne Kewitsch, Fire Services Director; Chris Regis, Finance Manager; Karen Barton, Acting Community Development Manager; Chris Link, Operations Superintendent; Corrine Heine, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM None. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Wroge, S/Elliott to approve the minutes of(1) Regular City Council Meeting of July 24, 2012. Motion carried 5-0. Item #1 RECOGNITION OF DAVID, BRAD AND SAM SCHRICK (COUNCIL MEMO NO. 93) Mayor Goettel and Fire Services Director Kewitsch presented certificates of recognition to David, Brad and Sam Schrick for their heroic efforts during a fire at a neighbor's home. Council Meeting Minutes -2- August 13,2012 Item #2 PRESENTATION OF 2012 LANDSCAPE GOOD NEIGHBOR AWARD WINNERS (COUNCIL MEMO NO. 94) Mayor Goettel and Acting Community Development Director Barton presented the following awards: The following residents are the winners of the"Best Overall Garden": • Joe Krzyzankiak— 1920 76th Street W • Deb Kelly—6415 Wentworth Avenue • Jim &Julie Miller—6514 Irving Avenue The following residents are the winners of the "Best Overall Landscaping": • Hiller George Hibbard—7301 1st Avenue • Dale Kenney—7439 14th Avenue • Marilyn Hill—7445 Girard Avenue Item #3 COUNCIL DISCUSSION • DESIGNATION OF CITY COUNCIL ATTENDANCE AT NATIONAL LEAGUE OF CITIES CONGRESS OF CITIES AND EXPOSITION; NOVEMBER 28— DECEMBER 1; BOSTON, MA • HATS OFF TO HOMETOWN HITS The City Council suggested Council Members Fitzhenry and Elliott determine which one of them should attend the NLC Conference. They also suggested City Manager Devich considered attending. The City Council acknowledged the success of the August 7 Night to Unite event. Mayor Goettel announced the Lyndale Garden Center Farmers Market on August 16. Council Member Elliott discussed the Planning Commission walking tour of the Lakes at Lyndale. Council Member Wroge expressed concern regarding a recent newspaper article on population changes in the west metro and Richfield projected growth. Council Member Wroge questioned how the dead sod and weeds on the north side of the 76th Street trail are going to be handled. Public Works Director Eastling explained maintenance of new sod along the curb is a chronic problem and will continue to be monitored to determine if it is dormant as well as stay in contact with the neighbors. Council Member Wroge stated if the July 4 carnival does not return, the City should consider taking up the financial gap in the General Fund to help the Fourth of July Committee defray costs. Recreation Services Topitzhofer explained there is a formal evaluation process with the conclusion presented to the Fourth of July Committee and changes discussed. Council Member Wroge suggested the Neighborhood Property Maintenance Program be reinstated for six months (May—October) and funds be put back in the General Fund. He added that it is obvious property maintenance is going in the wrong direction again. City Manager Devich responded that the program ended in 2009 and staff is still doing proactive inspections,just not the systematic inspections. Council Meeting Minutes -3- August 13,2012 Council Member Sandahl requested Consent Calendar Item #5G be removed for separate consideration. The City Council acknowledged the success of the recent Urban Wildland 5K and Half Marathon races. Council Member Wroge questioned all the vehicles parked on the street by the post office. Acting Community Development Director Barton explained the postal delivery vehicles are parked at Lyndale Garden Center and the vehicles on the street are postal employees. Item #4 COUNCIL APPROVAL OF AGENDA Mayor Goettel removed Consent Calendar Items 5C & 5G for separate consideration as Item #6. M/Wroge, S/Fitzhenry to approve the agenda as amended. Motion carried 5-0. Item #5 CONSENT CALENDAR A. Consideration of approval of modification in cellular telephone antenna facilities at Logan Avenue and Penn Avenue water tower sites by T-Mobile S.R. No. 135 B. Consideration of approval of transfer of funds to close out certain capital project funds S.R. No. 136 C. Item moved to be considered separately as Item#6. D. Consideration of approval of temporary on-sale intoxicating liquor license for Church of St. Peter, 6730 Nicollet Avenue, Pig Roast event on August 18, 2012 S.R. No. 138 E. Consideration of approval of temporary on-sale intoxicating liquor license for Church of St. Peter, 6730 Nicollet Avenue, annual Fall Festival on September 28, 29 and 30, 2012 S.R. No. 139 F. Consideration of approval of new lawful gambling license for Richfield Lions Club to conduct gambling activities at The Frenchman's, 1400 East 66th Street, with resolution approving gambling activity requested by applicant S.R. No. 140 RESOLUTION NO.10691 RESOLUTION GRANTING APPROVAL FOR RICHFIELD LIONS CLUB TO CONDUCT LAWFUL GAMBLING This resolution appears as Resolution No. 10691. G. Item moved to be considered separately as Item#6. H. Consideration of approval of bid minutes and tabulation and award of contract to Castrejon, Inc. for construction of fiber optic network to connect Lyndale and Wine & Spirits liquor stores and Wood Lake Nature Center to City's existing fiber network in amount of$149,295 S.R. No. 142 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 Council Meeting Minutes -4- August 13,2012 Former Item #5C - Consideration of approval of first reading of ordinance amending Subsection 601.25 of Richfield City Code relating to storage of garbage, refuse and recyclable containers and scheduling second reading for September 11, 2012 S.R. No. 137 Mayor Goettel presented Staff Report No. 137. City Attorney Heine explained the revised language in the ordinance. The City Council requested visual diagrams related to the placement be included at the second reading. M/Fitzhenry, S/Wroge to approve first reading of ordinance amending Subsection 601.25 of Richfield City Code relating to storage of garbage, refuse and recyclable containers and scheduling second reading for September 11, 2012. Motion carried 5-0. Former Item#5G -Consideration of approval of first reading of ordinance authorizing capital improvement project for renovation of Fire Station 2 pursuant to Richfield City Charter Section 8.04 and scheduling public hearing and second reading for September 11, 2012 S.R. No. 141 Council Member Sandahl presented Staff Report No. 141. Council Member Sandahl suggested Fire Station No. 2 be renamed to Richfield Penn Central Station No. 2 to help establish the Penn Central area. Fire Services Director Kewitsch explained the renaming may take away its identity and ownership of the station because it serves the entire community not just that area. He added geography and response time are essential to the fire stations. Council Member Elliott stated he did not see the renaming as a problem. The City Council directed staff to research the pros and cons of renaming the fire station and include the findings at second reading. M/Sandahl, S/Goettel to approve first reading of ordinance authorizing capital improvement project for renovation of Fire Station 2 pursuant to Iichfield City Charter Section 8.04 and scheduling public hearing and second reading for September 11, 2012. Motion carried 5-0. Item #7 PUBLIC HEARING AND CONSIDERATION OF: • SECOND READING OF ORDINANCE GRANTING CABLE TELEVISION FRANCHISE TO COMCAST OF ARKANSAS/FLORIDA/LOUISIANA/ MINNESOTA/MISSISSIPPI/TENNESSEE, INC.; AND • SECOND READING OF ORDINANCE REPEALING RICHFIELD CITY CODE SECTION 726; AND • RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE GRANTING CABLE TELEVISION FRANCHISE S.R. NO. 143 Mayor Goettel presented Staff Report No. 143. Brian Grogan, SWSCC Attorney, outlined the negotiation process and key provisions, including the Public Educational Governmental (PEG) channels, and the public access studio operation changes and closure the end of August if the ordinance is approved. Council Meeting Minutes -5- August 13,2012 Mr. Grogan continued that there may have been a failure in providing adequate notification to the public access studio users and if the City directed, he could try to arrange a temporary solution for the short term to allow time for a long term solution related to the proposed changes. Mayor Goettel asked if the public hearing could be continued to allow time to reach a quick conclusion to address the gap in the PEG studio closure and finding an option for the local producers. City Manager Devich responded he did not believe continuing the public hearing would be in the best interest of the City and explained the cost benefit perspective of the proposed franchise agreement. He added negotiations for a studio are underway. Council Member Elliott stated the PEG studio is a value to the community and an important part of negotiations. Mr. Grogan explained Comcast's refusal to maintain the studio. Ahmed Tharwat, Minnetonka resident and producer and host of"BelAhdan," stated he was disheartened with the studio closing because public access is important. Phil Mortenson, 7028 Oakland Avenue, producer of"Republican Roundtable" expressed his concern regarding the lack of notice of the public access studio closing. Pam Scherling, 4925 West End Lane, Minnetonka, "Democratic Visions," stated public access is needed and requested approval be delayed until the public access and studio are in place. John Wexler, 8040 Mississippi Lane, Brooklyn Park, stated public access is important and suggested collaboration. Lisa Butts, PO Box 24621, Edina, producer and host of"Let's Learn to Get Along," questioned why the studio was being closed. Jeff Strate, 15021 Summerhill Drive, Eden Prairie, producer of"Democratic Vision," requested the contract not be approved until the SWSCC cities are in accord and that another public hearing be held because of the public access issues. Robert Hall, 7309 Oliver Avenue, expressed concern the number of PEG viewers was not determined and the lack of communication preceding this decision. M/Wroge, S/Elliott to close public hearing. Motion carried 5-0. Mayor Goettel stated the priority is to find a solution to the gap in PEG and information be provided to the City Council and the local access producers. Council Member Elliott agreed that there should be a seamless transition. Council Member Fitzhenry agreed the communities need to come together to fix this gap quickly. Mr. Grogan explained the survey was conducted by Holly Hanson Consulting and followed the scope of service drafted by the SWSCC. He added the concerns expressed this evening were similar to the other cities in SWSCC. Council Member Wroge stated he supported the proposed franchise but local access should be resolved soon. Council Meeting Minutes -6- August 13,2012 M/Elliott, S/Sandahl that this constitutes the second reading of Bill No. 2012-10 approving ordinance granting cable television franchise to Comcast of Arkansas/Florida/Louisiana/Minnesota/ Mississippi/Tennessee, Inc.; and that this constitutes the second reading of Bill No. 2012-11 repealing Richfield City Code Section 726; that they be published in the official newspaper and that they be made part of these minutes, and that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO.10682 RESOLUTION APPROVING SUMMARY PUBLICATION OF ORDINANCE NO. 2012-10 Motion carried 5-0. This resolution appears as Resolution No. 10682. Item #8 PUBLIC HEARING REGARDING RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR FULL-SERVICE RESTAURANT AT 6439 LYNDALE AVENUE S.R. NO. 144 Council Member Elliott presented Staff Report No. 144. Bruce Hinks, HNC Properties, Inc., owner, described the proposed restaurant. M/Wroge, S/Goettel to close public hearing. Motion carried 5-0. M/Elliott, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO.10683 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A FULL-SERVICE RESTAURANT AT 6439 LYNDALE AVENUE Motion carried 5-0. This resolution appears as Resolution No. 10683. Item #9 PUBLIC HEARING REGARDING RESOLUTION ADOPTING SPECIAL ASSESSMENT ROLL FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR WORK ORDERED IN 2011 S.R. NO. 145 Council Member Sandahl presented Staff Report No. 145. M/Wroge, S/Sandahl to close public hearing. Motion carried 5-0. M/Sandahl, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO.10684 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 2011 TO DECEMBER 31, 2011 Motion carried 5-0. This resolution appears as Resolution No. 10684. Council Meeting Minutes -7- August 13,2012 Item#10 PUBLIC HEARING REGARDING RESOLUTION ADOPTING SPECIAL ASSESSMENT ROLLS FOR 2011 MAINTENANCE SERVICES AND RESOLUTION ORDERING CURRENT 2013 MAINTENANCE SERVICES, 77TH STREET MAINTENANCE DISTRICT S.R. NO. 146 Council Member Fitzhenry presented Staff Report No. 146. Tim Carter, 400 West 78th Street, Richfield-Bloomington Honda, questioned how the percentage of assessment was determined and if the maintenance services rates were competitive. He also requested an itemization of the services provided for his properties. M/Wroge, S/Goettel to close public hearing. Motion carried 5-0. M/Fitzhenry, S/Sandahl that the following resolutions be adopted and that they be made part of these minutes: RESOLUTION NO.10685 RESOLUTION ADOPTING ASSESSMENT ON 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1, 2011 - DECEMBER 31, 2011 This resolution appears as Resolution No. 10685. RESOLUTION NO.10686 RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT 77TH STREET PROJECT AREA JANUARY 1, 2013 - DECEMBER 31, 2013 This resolution appears as Resolution No. 10686. Motion carried 5-0. Item #11 PUBLIC HEARING REGARDING RESOLUTION ADOPTING SPECIAL ASSESSMENT ROLLS FOR 2011 MAINTENANCE SERVICES AND RESOLUTION ORDERING CURRENT 2013 MAINTENANCE SERVICES; LYNDALE/HUB/NICOLLET MAINTENANCE DISTRICT S.R. NO. 147 Council Member Wroge presented Staff Report No. 147. M/Wroge, S/Goettel to close public hearing. Motion carried 5-0. M/Wroge, S/Fitzhenry that the following resolutions be adopted and that they be made part of these minutes: RESOLUTION NO.10687 RESOLUTION ADOPTING ASSESSMENT FOR LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1, 2011 THROUGH DECEMBER 31, 2011 This resolution appears as Resolution No. 10687. Council Meeting Minutes -8- August 13,2012 RESOLUTION NO.10688 RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE JANUARY 1, 2013 THROUGH DECEMBER 31, 2013 This resolution appears as Resolution No. 10688. Motion carried 5-0. Item#12 CONSIDERATION OF RESOLUTION AWARDING SALE OF $2,150,000 GENERAL OBLIGATION STREET RECONSTRUCTION BONDS, SERIES 2012A S.R. NO. 148 Mayor Goettel presented Staff Report No. 148. Rebecca Kurtz, Ehlers and Associates, reviewed the bid process and recommended the award to Baird of Milwaukee, Wisconsin for$2,120,000 with interest cost of 2.33%. M/Goettel, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO.10689 RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION STREET RECONSTRUCTION BONDS, SERIES 2012A, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $2,120,000; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT Motion carried 5-0. This resolution appears as Resolution No. 10689. Item #13 CONSIDERATION OF RESOLUTION AWARDING SALE OF $2,985,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2012B S.R. NO. 149 Council Member Sandahl presented Staff Report No. 149. Rebecca Kurtz, Ehlers and Associates, recommended the award to Raymond James and Associates of Memphis, Tennessee for$2,970,000 with interest cost of 2.25%. M/Sandahl, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO.10690 RESOLUTION AWARDING THE SALE OF TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2012B, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $2,970,000; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; PROVIDING FOR THEIR PAYMENT; PROVIDING FOR THEIR PAYMENT; PROVIDING FOR THE ESCROWING AND INVESTMENT OF THE PROCEEDS THEREOF; AND PROVIDING FOR THE REDEMPTION OF BONDS REFUNDED THEREBY Motion carried 5-0. This resolution appears as Resolution No. 10690. Item #14 CITY MANAGER'S REPORT Council Meeting Minutes -9- August 13,2012 City Manager Devich announced: • Friday, August 17 at 8 a.m. there is a Special Council Meeting in the Chambers to canvass the primary election. • Monday, August 20 at 5:45 p.m. there is a Special HRA/Council/Planning Commission Worksession in the Bartholomew Room regarding housing policy and vision followed by the 7 p.m. Regular HRA Meeting. • Tuesday, August 28 Regular Council Meeting is canceled. • Wednesday, September 5 at 6 p.m. there is a Special Council Meeting (budget.) Item #15 CLAIMS AND PAYROLLS M/Fitzhenry, S/Sandahl that the following claims and payrolls be approved: U.S. Bank 08/13/12 A/P Checks: 214948-215423 $ 1,715,914.81 Payroll: 85757-86129 $ 554,555.65 TOTAL $ 2,270,470.46 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 10:10 p.m. Date Approved: September 11, 2012 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota g4641(t.eeci Special City Council Meeting August 17, 2012 CALL TO ORDER The meeting was called to order by Mayor Goettel at 8:00 a.m. in the Council Chambers. ROLL CALL Council Members Debbie Goettel, Mayor; Pat Elliott; Fred Wroge; and Tom Fitzhenry Present: Council Members Sue Sandahl Present: Staff Present: Nancy Gibbs, City Clerk and Theresa Schyma, Deputy City Clerk Item #1 CONSIDERATION OF RESOLUTION DETERMINING RESULTS OF CITY PRIMARY ELECTION ON TUESDAY, AUGUST 14, 2012 S.R. NO. 150 Mayor Goettel presented Staff Report No. 150. M/Goettel, S/Wroge that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO.10692 RESOLUTION DETERMINING RESULTS OF THE PRIMARY ELECTION OF THE CITY OF RICHFIELD HELD ON TUESDAY, AUGUST 14, 2012 Motion carried 4-0. This resolution appears as Resolution No. 10692. Special Meeting Minutes -2- August 17, 2012 ADJOURNMENT The City Council Meeting was adjourned by unanimous consent at 8:02 a.m. Date Approved: September 11, 2012 Debbie Goettel Mayor Theresa Schyma Nancy Gibbs Deputy City Clerk City Clerk CITY COUNCIL MINUTES Richfield, Minnesota GC Special City Council/HRA/Planning Commission Worksession August 20, 2012 CALL TO ORDER The meeting was called to order by Chair Sandahl at 5:45 p.m. in the Bartholomew Room. ROLL CALL Planning Members Debbie Goettel, Mayor; Pat Elliott; Fred Wroge; Tom Fitzhenry; and Sue Absent: Sandahl HRA Members Sue Sandahl, Chair; David Gepner(arrived 5:50 p.m.); Steven J. Quam; and Present: Debbie Goettel HRA Members Doris Rubenstein Absent: Planning Members Rick Jabs, Chair; Robert Hall, Daniel Kitzberger; Tom Rublein; Dennis Present: Schuller; and Maureen Scaglia (arrived 5:50 p.m.) Planning Members Gordon Vizecky and Josh Root Absent: Staff Present: Steven L. Devich, City Manager/HRA Executive Director; John Stark, Community Development Director; and Nancy Gibbs, City Clerk Item #1 DISCUSSION REGARDING RICHFIELD HOUSING POLICY(HRA MEMO NO. 41, COUNCIL MEMO NO. 96) Community Development Director Stark provided a PowerPoint presentation regarding Richfield Housing Policy. After much discussion the consensus was to form a task force led by a facilitator and consisting of various groups within the community and some outside organizations, such as the Metropolitan Council. Community Development Director Stark stated he would provide a memo to all members with suggested categories of people to fill technical advisory roles, names of facilitators and their credentials, a futurist, and a schedule that will start the group to move forward. Special Worksession Minutes -2- August 20, 2012 ADJOURNMENT The HRA/City Council/Planning Commission worksession was adjourned by unanimous consent at 6:55 p.m. Date Approved: September 11, 2012 Debbie Goettel Mayor Nancy Gibbs Steven L. Devich City Clerk City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 4A REPORT# 151 STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 11, 2012 REPORT PREPARED BY: WILLIAM F. FILLMORE, LIQUOR OPERATIONS DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: t ._ SIGNATUR REVIEWED BY CITY �� MANAGER: �� = 41 ITEM FOR COUNCIL CONSIDERATION: Consideration of rejecting all bids submitted for the 6444 Lyndale Avenue South Municipal Liquor Store upgrade. I. RECOMMENDED ACTION: By Motion: Reject all bids submitted for the 6444 Lyndale Avenue South Municipal Liquor Store upgrade. II. BACKGROUND At the annual City Council/staff goal setting session on February 8, 2012, the City Council directed staff to plan and proceed with an upgrade to the municipal liquor store at 6444 Lyndale Avenue South. Plans and specifications were prepared by Wold Architects and an advertisement for bids was published on August 9, 2012. It was estimated that the project cost would be well below $500,000. A public bid opening was held on August 21, 2012 at 2 p.m. with a total of nine bids from construction firms. All nine bids exceeded $500,000. It is staffs recommendation to reject all nine bids. Any capital improvements on City-owned property which have an estimated cost exceeding $500,000 or expenditures for design or engineering costs exceeding $75,000 must be approved by ordinance after a public hearing. (Section 8.04 Richfield City Charter) III. BASIS OF RECOMMENDATION A. POLICY 0911 LyndaleLiquorStoreBidReject • The City has the authority to reject all bids and re-bid the project based upon City Charter requirements. • In similar bid situations in the past, the City has rejected all bids and started the bid process over. B. CRITICAL TIMING ISSUES • Due to the potential significant loss of business due to construction occurring during the holiday season, staff is recommending postponement of construction of this project until early 2013. • In order to have construction ready to proceed in January and February, re-bid of the project will occur this fall. C. FINANCIAL • Costs associated with re-bidding and postponement of the project would be minimal. D. LEGAL • Due to limits in the City Charter, the City must reject all bids and re- start the process under provisions of the City Charter for projects in excess of$500,000. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • None V. ATTACHMENTS • Bid Tabulation VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None CITY OF RICHFIELD, MINNESOTA Bid Opening August 21, 2012 2:00 p.m. Richfield Liquor Store — 2012 Renovation Bid No. 12-06 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Richfield Liquor Store — 2012 Renovation, as advertised in the official newspaper on August 9, 2012. Present: Nancy Gibbs, City Clerk Bill Fillmore, Liquor Operations Director Dave Conrads, Building Maintenance Supervisor Mike Cox, Wold Architects and Engineers Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Bidder's Name Bond Addendum 1 Total Base Bid CM Construction Co. Provided Provided $528,000.00 Burnsville, MN Kue Contractors Provided Provided $561,990.00 Watkins, MN Ebert Construction Provided Provided $572,200.00 Corcoran, MN Met-Con Construction Provided Provided $585,000.00 Faribault, MN Black & Dew, LLC Provided Provided $586,000.00 North St. Paul, MN JS Cates Construction, Inc. Provided Provided $590,000.00 Hamel, MN McFarland Construction Provided Provided $607,300.00 Eden Prairie, MN George F. Cook Construction Provided Provided $610,500.00 Golden Valley, MN Jorgenson Construction, Inc. Provided Provided $649,000.00 Coon Rapids, MN The City Clerk announced that the bids would be tabulated and considered at the September 5, 2012 City Council Meeting. Nancy Gibbs City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 4B REPORT# 152 STAFF REPORT RICHFIELD D CITY COUNCIL MEETING SEPTEMBER 11, 2012 REPORT PREPARED BY: WILLIAM F. FILLMORE, LIQUOR OPERATIONS DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR filREVIEW: S � �`� _GNA ►RE f REVIEWED BY CITY /� MANAGER: f'` ®(� / _ ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of an ordinance to authorize a capital improvement to upgrade the Municipal Liquor Store at 6444 Lyndale Avenue South and set a public hearing and second reading for October 9, 2012. I. RECOMMENDED ACTION: By Motion: Consider a first reading of an ordinance to authorize expenditures for the planning and upgrade of the Municipal Liquor Store at 6444 Lyndale Avenue South pursuant to the Richfield Charter, Section 8.04, and set the public hearing and second reading of the ordinance for October 9, 2012. II. BACKGROUND At the February 8, 2012 City Council/staff goal setting session, staff proposed an upgrade and was directed to plan and implement an upgrade to the Municipal Liquor Store at 6444 Lyndale Avenue South. Besides two major improvements (roof and HVAC system), no major improvements have been made at that store location for over 30 years. The store lighting fixtures, coolers, and flooring are all well beyond normal replacement. Moreover, the general appearance of the store has deteriorated and does not present an attractive customer appeal. With the influx of hundreds of potentially new customers to the area of 65th-66th Streets and Lyndale Avenue due 0911 LyndaleLiquorUpgrade-FirstReading to recent redevelopment it is especially critical to refresh the store both in terms of appearance and functionality. The plan to upgrade includes the following: • Replacement of entryway doors which will be ADA compliant. • Replacement of south and east windows with energy efficient glass and the addition of a "knee wall". • Energy efficient interior lighting • Cooler, display doors, racks and mechanical refrigeration equipment. • Office relocation (to expand cooler). • Current ceiling removed and conversion to open ceiling. • Sales floor treatment. • Retail shelving and point of sale counter replacement. • Exterior soffit and fascia lighting replacement • Loading dock repair or replacement. • Miscellaneous concrete replacement. • Exterior Landscape improvements. The revised estimated cost of the project is $800,000 with possible add alternatives. The project would take place in early 2013 and would take six weeks to complete, with four weeks interruption of business. During, and leading up to actual construction, staff will be actively promoting and directing our Lyndale store customers to another Richfield location. III. BASIS OF RECOMMENDATION A. POLICY • City Charter, section 8.04 requires that any capital improvement on City owned property which has an estimated cost exceeding $500,000 or expenditures for design and engineering exceeding $75,000 must be approved by ordinance after a public hearing. • The attached transitory ordinance reflects the City Charter requirements pursuant to section 8.04 and includes an estimate of the project costs as well as exterior and interior architect renderings. • The public hearing is scheduled for October 9, 2012. B. CRITICAL TIMING ISSUES • Original plans for the project would have jeopardized holiday sales. • Staff is recommending construction in early 2013. C. FINANCIAL • Staff and Wold Architects estimate a project cost of$800,000 with add alternatives with design costs of$48,000. D. LEGAL • Legal Counsel has reviewed the attached transitory ordinance. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • None V. ATTACHMENTS • Transitory ordinance. • Architect's renderings. • Floor plan VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None BILL NO. Transitory Ordinance No. AN ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT FOR RENOVATION OF MUNICIPAL LIQUOR STORE AT 6444 LYNDALE AVENUE SOUTH, PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings. 1.01. Section 8.04 of the Richfield City Charter requires that any capital improvement on City-owned property that has an estimated cost exceeding $500,000.00 or expenditures for design or engineering costs exceeding $75,000.00 must be approved by ordinance after a public hearing. 1.02. It is proposed that the City Council approve a capital improvement project for the renovation of the municipal liquor store located at 6444 Lyndale Avenue South in the City of Richfield. 1.03. The capital improvement project consists of the design, engineering and construction of improvements to the municipal liquor store, including, but not limited to: new windows and entryway door system; replacement of beer cooler, doors, shelving and mechanicals for cooling system; installation of ceiling treatment; retail shelving and point of sale counter area replacement; soffit and facia replacement; exterior tuck pointing; concrete replacement; exterior landscaping improvements (the "Project"). 1.04. The estimated construction cost of the capital improvement, excluding design and engineering costs, is in excess of $500,000. The preliminary estimates for total construction cost is $800,000.00. The estimated cost of design and engineering costs is $48,000.00. 1.05. A public hearing was held on October 9, 2012 after due notice as required by Section 8.05 of the Richfield City Charter. 1.06. The Council finds and determines that it is in the best interests of the City and its inhabitants that Project be approved. Sec. 2. Approval; effective date. 2.01. The Project is approved, and planning, design and construction of the Project may proceed according to the procedures required by law. 2.02. The purpose of this Ordinance is to comply with the requirements of Section 8.04 of the Richfield City Charter. This Ordinance shall not be construed to require that the City 410435v1 CAHRC160-6 1 6- a proceed with the Project; nor does it vest any rights in the Project to any individual or entity. This Ordinance shall not be construed to pre-approve any contracts for the design or construction of the Project, and the City Council specifically reserves to itself the authority to approve any such contracts. The City Council reserves the right to abandon the Project or to modify elements of the Project, if the Council deems abandonment or modification to be in the public interest. 2.03. This ordinance is effective 30 days following its publication. Adopted by the City of Richfield this day of , 2012. Debbie Goettel, Mayor ATTEST: Nancy C. Gibbs, City Clerk 410435v1 CAH RC160-6 2 ya � . i ..j M itr' ---"-3 _ Illi '- e' Y� i ' ;' ,r.f. • • %•x a t'�:ti,� 4∎,, ::::.. x = - .ri'{A . i �'f s *, r t . j { .*«y .ffi rr IL- I 'L :.:•!:',), ' ', '1" • " , , ' ',,'t', 1 ''';', '''':-:-,t''''';',:-:,;,,, • 4:-Jii F q '-F-- ; ( � a i 1 pp y F !tr—,t, O i 1 it � ' x -mom III� I i S }• i :_ • , . • — ''''. 'i:_,.,,,':,,,,-1.11-1.: -' ''''- ' 4 ' n , .i.' ' '." '1.-''.'. • °I*146"..41‘.40,11,...4.,•..k.......t....44046.‘4.0 d } ' .! ot %,C.'...• --- - ' r"'rte .A'uir—„rte 1 'ni- ' r ,'' : °Y,--. k :s' F F t ' • ,6 F' s t C ' ,_l :4 y i..." . - 4 ' « } . , A Y il i + /. 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'4: n r 3 City of Richfield • Richfield Liquor Store-2012 Renovation September 5,2012 32"HIGH SPLIT FACE CONCRETE BLOCK BASE §GLAZING SYSTEMS ==========m L4=.----__:_-_--- — 1---7,--___-1 NEW STOREFRONT GLAZING I'll AUTOMATIC°PENNE/ POLISHED PALK OFF 3155 CHECK 1 ENTRANCE SYSTEMS(4) CONC. MAT --1 LOUNGE NE14 RECESSED MAT I EC4);ANSION 11 IT -T- 7- -r Tr T -IT --r- T -IT 7- T T T T T -I- 7 CAR—7 SYSTEM — I 1 ___F___1____F___F__d____1___d____E__d___d___ __d___d____F__ t---"E Ts_j _1_ 1 1 1 _L 1 1 _L. _L _I_ J_ 1 1 J r, 11 POLISHED/STAINED CONCRETE FLOOR 11 WINE --7---7---7--- 1 TASTING )FI----E--,L___F__d 7 T T "1-- T T T 1 II ___. 11 BAR L.__J.__-L___L___1 L 1 J_ L. -L J_ 1 .J PRIMARY BUILT IN PCRHUT 11 PAINT EXPOSED STEEL JOISTS 0 METAL DECK DISPLAY ICE MACHINE SEX COOLER SYSTEM III IT -r T T T 7 r---r--1----r--7T TT T7---r--7 • LOH WALL 32''HIGH SPLIT FACE L J_ J_ 1_ 1 _J L _L -L 1 1 _L 1 J — •\/ CONCRETE BLOCK BASE ■GLAZING SYSTEMS III 11 1 T Tr 7- 7T 7 I----F---Fr---F---1-. d r T T -T- 7- T- --T- -1 1 5c ll L 1_ 1 _L _L J L 1 -L _L L. 1_ 1_ J — CHECKOUT 7 I 11 L J lir UP 1 OFFICE I E 1 11 r 1 Imo r.—----, _ -.....,-,._.-.....-._.-._.-._,.-.,_.-..,1 iir----.....■- '.- -...,------ . *--. • ilt DNEWELAEXIT OEGNLRY5D50/OR m OFFICE 32''HIGH SPLIT FACE -ONE SPY VISION GLASS CONCRETE BLOCK BASE .A. -RAISE FLOOR 21" 4 GLAZING SYSTEMS f 9/5/2012 1214.02 PM CVevit_Project_Files\1220B6(mkVapvt 54Nnneso5SSuACI-Richlieldtlquor Rea\122086Vied122086(Cntral)nt FLOOR PLAN Comm No:122086 AGENDA SECTION: CONSENT AGENDA ITEM# 4C REPORT# 153 STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 11, 2012 REPORT PREPARED BY: CHRIS REGIS,FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR - - REVIEW: '� __ter SIG TURE REVIEWED BY CITY / % MANAGER: ■�/� / r_ /AA ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution declaring costs to be assessed for unpaid false alarm user fees against private property. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution declaring costs to be assessed and ordering the preparation of the proposed assessment roll for unpaid false alarm user fees against private property and setting the public hearing date for October 9, 2012. II. BACKGROUND • Unpaid alarm user fees must be paid to the City within 30 days from the date of written notice by the City to the alarm user. Fees not paid within the time specified will be subject to a 10% penalty charge. • The special assessment for unpaid false alarm user fees from private properties is to recover costs incurred by the City in connection with the response by public safety to an alarm call on certain properties in the City that turns out to be false. III. BASIS OF RECOMMENDATION A. POLICY • Richfield City Code section 915.07 Subd. 3 and chapter 8.02 of the City Charter allows the City to specially assess delinquent false alarm user fees against the respective properties. • Minnesota State Statutes provide that the City may levy a special one- year assessment for these costs. 0911 False Alarm Fee Sp Asmt Declar Costs • Notice of the certification will be published in the Sun Current September 20, 2012. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • A 10% penalty charge is applied to all properties which have not paid within the time specified. • The proposed special assessment for unpaid false alarm user fees from private property is $3,520.00 with an additional 5% interest charge on the assessment. • The affected property owner may prepay the original principal amount without interest within 30 days from the date the Council adopts the assessment, scheduled for October 9,2012. If the original principal amount is not paid, the assessment will be charged 5% interest. D. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATIONS) • Do not approve the attached resolutions and have the costs absorbed by the City. V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. C- I RESOLUTION NO. • RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR UNPAID FALSE ALARM FEES FROM PROVATE PROPERTY. WHEREAS, costs have been determined for unpaid false alarm fees from private properties in the City of Richfield in the amount of$3,520.00. Unpaid False Property Address Property ID Number Alarm Fee 1 100 78th Street West 33-028-24-44-0231 110.00 1550 E 78th Street 35-028-24-44-0010 110.00 345 East 77th Street 34-028-24-44-0032 110.00 6301 Richfield Parkway 26-028-24-11-0077 110.00 6310 South Penn Ave z 29-028-24-11-0003 110.00 6525 Nicollet Ave 27-028-24-13-0116 330.00 6625 Lyndale Ave S 27-028-24-32-0137 110.00 6636 Cedar Ave 26-028-24-41-0063 880.00 7001 Harriet Ave 34-028-24-21-0003 110.00 7128 S 16th Ave 35-028-24-11-0116 110.00 7145 S Harriet Ave 34-028-24-22-0001 220.00 7305 South 5th Avenue 34-028-24-14-0035 110.00 7610 S Lyndale Ave S 33-028-24-44-0110 110.00 7644 Lyndale Ave S 33-028-24-44-0115 330.00 7701 Portland Ave 35-028-24-33-0006 110.00 7745 South 2nd Ave 34-028-24-43-0077 220.00 980 78th Street West 33-028-24-44-0235 330.00 Total $ 3,520.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The total cost to be assessed against benefited property owners is declared to be $3,520.00 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for costs incurred against each benefited property, and shall file a copy of such proposed assessment in her office for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 4. A hearing shall be held on the 9th day of October, 2012 in the City Hall Council Chambers at 7:00 p.m., or as soon as hereafter as it may be reached on the agenda, to pass upon such proposed assessment and at such time and place all persons owning property affected by the unpaid false alarm fee assessment will be given an opportunity to be heard in reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment at least two weeks prior to the hearing and shall state in the notice the total cost of the unpaid false alarm fees. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. L1C- a Adopted by the City Council of the City of Richfield this 11th day of September, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT 1 AGENDA ITEM# 4D I REPORT# 154 =add STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 11, 2012 REPORT PREPARED BY: CHRIS REGIS,FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: ♦ SIGNATURE % REVIEWED BY CITY �1 MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution declaring costs to be assessed for current services performed for weed elimination from private property and removal or elimination of public health or safety hazards from private property. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution declaring costs to be assessed and ordering the preparation of the proposed assessment roll for weed elimination from private property and removal or elimination of public health or safety hazards from private property and setting the public hearing date for October 9, 2012. II. BACKGROUND • The special assessment for elimination of public health or safety hazards from private properties is for costs incurred by the City in connection with abatement of these hazards on certain properties in the City, which are not properly maintained. • The owners of the subject properties are notified by the City to correct the public health or safety hazards and have failed to do so within the proper timeframe. • The property owners were notified that if the public health or safety hazards were not abated within the proper time limit, the City would take the corrective action necessary and bill the property owner. • Finally, each year the City utilizes City Public Works staff to cut weeds on certain properties in the City not maintained by the owners. If the owner fails to cut the 0911 Nuisance Sp Asmt Declare Costs weeds in a timely manner after notification by the City, the City undertakes the weed destruction and bills the property owner for the service. • In all cases, property owners will be notified that any unpaid charges of fees may be assessed against the property. III. BASIS OF RECOMMENDATION A. POLICY • The nuisance properties were not maintained by the owners and the City incurred costs to abate the nuisance. • Minnesota State Statutes provide that the City may levy a special one- year assessment for these costs. • Notice of the certification will be published in the Sun Current September 20, 2012. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • The proposed special assessment for the elimination of public health or safety hazards from private property is $4,110.00 with an additional 5% interest penalty. • The proposed special assessment for weed elimination from private property is $10,820.00 with an additional 5% interest penalty. • Costs incurred for city staff time in the clean up of the properties or to remove the weeds are included in the special assessment amount. • A $50.00 administrative fee is charged to all properties. • The affected property owner may prepay the original principal amount without interest within 30 days from the date the Council adopts the assessment, scheduled for October 9, 2012. If the original principal amount is not paid, the assessment will be charged 5% interest. D. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. E. ENVIRONMENTAL CONSIDERATIONS • N/A. IV. ALTERNATIVE RECOMMENDATION(S) • Do not approve the attached resolutions and have the costs absorbed by the City. V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. Li D- 1 RESOLUTION NO. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR WEED ELIMINATION FROM PROVATE PROPERTY AND REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PROVATE PROPERTY. WHEREAS, costs have been determined for weed elimination and removal or elimination of public health or safety hazards from private properties in the City of Richfield and the expenses incurred or to be incurred for such work ordered amount to $14,930.00 Public Health or Weed Safety Property Address Property ID Number Elimination Hazards 6244 Oliver Ave S 28-028-24-22-0005 380.00 260.00 6300 14th Ave S 26-028-24-12-0136 230.00 365.00 6308 2nd Ave S 27-028-24-12-0067 170.00 - 6414 Grand Ave S 27-028-24-23-0045 170.00 - 6420 15th Ave S 26-028-24-13-0056 230.00 - 6430 Portland Ave S 27-028-24-14-0005 170.00 140.00 6445 Xerxes Ave S 29-028-24-13-0021 340.00 - 6504 Logan Ave S 28-028-24-23-0118 - 190.00 6514 Stevens Ave S 27-028-24-13-0081 170.00 - 6530 14th Ave S 26-028-24-13-0137 230.00 - 6542 Bloomington Ave S 26-028-24-13-0103 170.00 - 6732 3RD AVE S 27-028-24-42-0021 170.00 220.00 6732 Chicago Ave S 26-028-24-32-0098 340.00 200.00 6738 Emerson Ave S 28-028-24-42-0089 170.00 - 6744 Irving Ave S 28-028-24-31-0023 170.00 - 6821 Cedar Ave S 25-028-24-33-0059 230.00 490.00 6830 Columbus Ave S 26-028-24-33-0092 170.00 - 6859 Portland Ave 26-028-24-33-0113 170.00 - 6907 Knox Ave S 28-028-24-34-0081 230.00 - 6908 Nicollet Ave S 27-028-24-34-0066 740.00 145.00 6908 Oliver Ave S 28-028-24-33-0052 - 170.00 6932 Portland Ave S 27-028-24-44-0085 800.00 - 7005 18th Ave S 35-028-24-11-0003 400.00 - 7011 Penn Ave S 33-028-24-22-0022 170.00 - 7027 2nd Ave s 34-028-24-12-0040 340.00 230.00 7141 Portland Ave S 35-028-24-22-0077 170.00 - 7144 4th Ave S 34-028-24-11-0044 570.00 140.00 7200 Nicollet Ave S 34-028-24-24-0001 170.00 140.00 7215 Harriet Ave 34-028-24-23-0060 290.00 100.00 7221 2nd Ave S 34-028-24-13-0155 - 120.00 7227 11th Ave S 35-028-24-24-0012 400.00 - 7233 Thomas Ave S 32-028-24-14-0064 - 770.00 7235 18TH AVE S 35-028-24-14-0062 170.00 - 7244 16th Ave S 35-028-24-14-0057 400.00 290.00 7314 1st Ave S 34-028-24-13-0011 170.00 - 7344 Portland Ave S 34-028-24-14-0026 340.00 - 7400 3rd Ave S 34-028-24-42-0001 340.00 - 7425 Portland Ave S 35-028-24-32-0006 115.00 - 7427 Pillsbury Ave S 34-028-24-31-0044 630.00 - 7544 Nicollet Ave S 34-028-24-31-0118 185.00 - 7626 12th Ave S 35-028-24-34-0011 170.00 - 7632 Oakland Ave S 35-028-24-33-0042 170.00 - 7645 Nicollet Ave S 34-028-24-43-0070 170.00 - 915 Rae Drive 28-028-24-14-0008 - 140.00 Total $10,820.00 $4,110.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The total cost to be assessed against benefited property owners is declared to be $14,930.00. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such work against each benefited property, and shall file a copy of such proposed assessment in her office for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 4. A hearing shall be held on the 9th day of October, 2012 in the City Hall Council Chambers at 7:00 p.m., or as soon as hereafter as it may be reached on the agenda, to pass upon such proposed assessment and at such time and place all persons owning property affected by the weed elimination and/or removal of public health or safety hazards assessment will be given an opportunity to be heard in reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment at least two weeks prior to the hearing and shall state in the notice the total cost of the weed elimination and the removal or elimination of public health or safety hazards. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted by the City Council of the City of Richfield this 11th day of September, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 4E - REPORT# 155 MIII STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 11, 2012 REPORT PREPARED BY: Robert Hintgen, Utility Superintendent NAME,TITLE DEPARTMENT DIRECTOR REVIEW: ' -/A �r ! SIGNA , 4 REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract for the Emissions Reduction Improvements for the Water Systems Generators and authorization for staff to approve changes in the construction contract up to $15,000. I. RECOMMENDED ACTION: By motion: 1. Accept the bid minutes/ tabulation and award contract to NAC Mechanical and Electrical Services in the amount of $158,027 for the Emissions Reduction Improvements for the Water System Generators 2. Authorize staff to approve contract changes totaling up to $15,000 without further City Council authorization. II. BACKGROUND The Public Works Water Division currently has three stand-by generators. These generators supply enough power to run the water treatment plant and all seven wells in emergency situations as well as being part of the load sharing program with Xcel Energy. 09112012emissions EPA Ruling In August of 2010, Utility staff was notified that the Environmental Protection Agency (EPA) passed a ruling called the "National Emissions Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines". This ruling states that diesel generators over 300 horsepower and manufactured before June 12, 2006 are required to be retrofitted with emissions controls equipment to reduce hazardous air pollutants before May 3, 2013. All three generators in the Water Division must be retrofitted. Consultant Hired Short Elliott Hendrickson, Inc. (SEH) was hired in July of 2012 to provide engineering services for the planning, design, and construction oversight of the Emissions Reduction Improvements for Water System Generators Project. One Bidder The bid for work to be performed was opened on August 15, 2012. NAC Mechanical & Electrical Services was the only formal bidder. Although they submitted the only formal bid, staff is recommending this bid be accepted because NAC Mechanical & Electrical Services is an established contractor and staff does not believe we can obtain a better price from a reputable contractor. The cost of this project is $158,027. The revised 2012 Water Division budget contains $160,000. III. BASIS OF RECOMMENDATION A. POLICY • Bids were solicited by advertisement according to City purchasing policies, and a bid opening was held on August 15, 2012. • All contracts or purchases in excess of$50,000 require City Council approval B. CRITICAL TIMING ISSUES • Approval of the recommended contract will require the contractor to commence the work by November 19, 2012 and complete the work by January 25, 2013. • Installation of Emissions Control Equipment to reduce hazardous air pollutants is required before May 3, 2013. C. FINANCIAL • The Revised 2012 Water Division budget reflects $160,000. (51000-7400). • The bid amount is $158,027. • There was no engineers estimate because of the complexity and uniqueness of the project. However, staff received an estimate from Excel Energy for the retrofit costs. Their estimate was $60,000 per generator for a total of$180,000. • Financing for the emissions work was identified in the Water Division Capital Projects bond list financed by: o Council approved the sale of a $1,490,000 General Obligation Bond on April 12, 2011. o Council approved resolution authorizing an internal loan of $1,000,000 on November 23, 2010. D. LEGAL • All contracts or purchases over $100,000 require seal bids to be solicited by public notice. • The Ad for Bid was published in the Sun Current on August 2, 2012. E ENVIRONMENTAL CONSIDERATIONS • Based on 1000 hours of combined run time a year; there would be an estimated reduction of Carbon Monoxide (CO) of 2,480 pounds. IV. ALTERNATIVE RECOMMENDATIONS) • Council may reject the bid and direct staff to re-advertise; however, staff does not believe we can obtain a better price from a reputable contractor. V. ATTACHMENTS • Bid Tabulation VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None E 1 CITY OF RICHFIELD, MINNESOTA Bid Opening August 15, 2012 2:00 p.m. Emissions Reduction Improvements for Water Systems Generators Bid No. 12-03 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Theresa Schyma, Deputy City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Emissions Reduction Improvements for Water Systems Generators, as advertised in the official newspaper on August 2, 2012. Present: Theresa Schyma, Deputy City Clerk Robert Hintgen, Utilities Superintendent Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Bidder's Name Bond Total Base Bid NAC Mechanical & Electrical Services Provided $158,027.00 Vadnais Heights, MN The Deputy City Clerk announced that the bids would be tabulated and considered at the September 11, 2012 City Council Meeting. Theresa Schyma Deputy City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 4F REPORT# 156 STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 11, 2012 REPORT PREPARED BY: JEFF PEARSON, TRANSPORTATION ENGINEER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � r/ SIGNATURE REVIEWED BY CITY MANAGER: � �w A ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing the acceptance of the Statewide Health Improvement Program reimbursement grant. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the acceptance of the Statewide Health Improvement Program (SHIP) reimbursement grant in the amount of $3,333 for the purchase of a video traffic count system. II. BACKGROUND The City of Richfield has received reimbursement funding through the Statewide Health Improvement Program to use in the aid of purchasing a vehicle counting system capable of including bicyclists and pedestrians. The SHIP funding allots $10,000 to be divided between Richfield, Bloomington, and Edina, or $3,333 per city. Product Research SHIP staff has met with the Minnesota Department of Health, the Department of Transportation, and a consulting engineer regarding bicycle and pedestrian count methodology and available products that would meet the needs of Bloomington, Edina, and Richfield. Their conclusion was that the Counting Cars COUNTCam system provided the best match for the goals of the communities. City staff had been researching data collection systems and agreed with this assessment. The 091112SHIPFunding count system can be used for a wide variety of traffic data collection and will drastically reduce the staff time required to collect the information compared to the current in-person collection method. Funding Sources Purchase of the COUNTcam system is included in the revised 2012 budget under line item 10610-6415: "Sign parts and supplies." This line item is dedicated for traffic control supplies and devices. Total purchase price was $6,000 so the reimbursement grant will recover approximately 56% of the cost. III. BASIS OF RECOMMENDATION A. POLICY • Minnesota Statue 465.03 requires all donations to be accepted by resolution of the council and adopted by two-thirds majority of its members. B. CRITICAL TIMING ISSUES • Bicycle and pedestrian counts for Richfield, Bloomington, and Edina will occur simultaneously in September 2012 per Minnesota Department of Health requirements. C. FINANCIAL • This donation aids in reducing the expenditure from the Public Works budget for vehicle and pedestrian volume data collection. D. LEGAL • The City Attorney has reviewed the resolution. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • Council may choose not to approve the resolution, which would void the acceptance of the grant. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ACCEPT A STATEWIDE HEALTH IMPROVEMENT PROGRAM REIMBURSEMENT GRANT FOR $3,333 TO BE APPLIED TO THE PURCHASE OF A VIDEO TRAFFIC COUNTING SYSTEM. WHEREAS, the Statewide Health Improvement Program (SHIP) has allocated funds to use in the purchase of bicycle and pedestrian counting systems for Richfield, Bloomington, and Edina; and WHEREAS, The City intends to use these funds as partial reimbursement for the purchase of a COUNTcam video traffic count system capable of meeting the requirements of both the City and SHIP; and WHEREAS, Minnesota statute 465.03 requires every acceptance of a grant or devise of real personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The Mayor and City Manager are authorized to accept the Statewide Health Improvement Program reimbursement grant in the amount of $3,333. 2. Appropriate City personnel are authorized to administer the funds in accordance with the terms described by the Minnesota Department of Labor & Industry. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of September 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 4G REPORT# 157 STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 11, 2012 REPORT PREPARED BY: JIM TOPITZHOFER,RECREATION SERVICES DIRECTOR NAML TITLE DEPARTMENT DIRECTOR REVIEW: a - ' i (/ SIGN JY RE REVIEWED BY CITY MANAGER: V ■ _oaf/ i ITEM FOR COUNCIL CONSIDERATION: Consideration of Contract Change Order#1 to Maenke Brothers Outdoor to install irrigation for the final phase of the Honoring All Veterans Memorial in the amount of$23,997. I. RECOMMENDED ACTION: By Motion: Approve Contract Change Order #1 to Maenke Brothers Outdoor to install irrigation for the final phase of the Honoring All Veterans Memorial in the amount of $23,997. II. BACKGROUND The City of Richfield authorized a contract with Maenke Brothers Outdoor June 26, 2012 to install landscaping for the final phase of the Honoring All Veterans Memorial. Irrigation was included in the landscaping bid set as an add-alternate and was expected to be funded by the Minnehaha Creek Watershed District and designed to irrigate a large area around the monument with water stored in Legion Lake. Because Taft/Legion Lake Storm Water Improvement Project was not scheduled until 2014, the irrigation alternate was not accepted in the landscaping contract. Staff is recommending a down-sized irrigation system to be installed at this time to a much smaller area that is immediate to the monument so that landscaping materials will have a better chance to establish. The down-scaled irrigation design takes advantage of a connection to the Ice Arena Irrigation System. It will use City water and be separate of the larger system that will utilize storm water and be installed in two years pending Council and Watershed Board approval. It is beneficial to have a separate irrigation system that is not 091112 Maenke Brothers Change Order reliant on storm water in the event the water levels are low due to drought. The area of the smaller system is attached. The irrigation design was prepared by Aqua City Irrigation, Inc., subcontractor of Maenke Brothers Outdoor. III. BASIS OF RECOMMENDATION A. POLICY • It is appropriate for City Council to review and approve contract change orders which are additions to the project contract. B. CRITICAL TIMING ISSUES • It is desired to install an irrigation system along with the monument landscaping to help the plant materials establish and look appealing to monument visitors. • It is desired to complete the project this year to help stimulate the sale of engravings which is the source of funds that pays the City back for final construction costs. C. FINANCIAL • The following cost estimate based on the lowest bids received was reported to Council: Concrete $178,354 Electric $24,800 Landscaping, without irrigation $30,832 Granite $32,297 Design and Construction Management $16,710 Contingency (10%) $26,628 Total Project Cost $309,621 • The amount of funding needed to install irrigation in Contract Change Order#1 falls within the amount of contingency funds planned for the project. • Funding got all remaining work on the Monument will come from the City's Recreation Fund and then be fully reimbursed over time through the proceeds of engravings sales. D. ENVIRONMENTAL CONSIDERATIONS • If the City receives funding from the Minnehaha Creek Watershed District, a larger irrigation system will be installed using storm water from Legion Lake as a water source. Using storm water to irrigate turf reduces excess storm water volume and helps remove the nutrient laden storm water from Legion Lake. This type of irrigation system contributes to improved water quality in Legion Lake and all bodies of water downstream. E. LEGAL • None. IV. ALTERNATIVE RECOMMENDATION(S) • Council may choose to direct staff to delay the installation of a smaller irrigation system until it can be installed later using Watershed District Funds if approved. Delaying irrigation will have a negative impact on the establishment and maintenance of the landscaping around the monument. guarantee V. ATTACHMENTS • Irrigation Proposal from Aqua City Irrigation, Inc. (Maenke Brother Outdoor's subcontractor) and Schematic of Proposed Irrigation Area. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None /4G- 1 PROPOSAL 3 AQUA CITY IRRIGATION, INC. 6045 Pillsbury Ave. S. MINNEAPOLIS, MN 55419 (612) 866-3300 Fax (612) 866-8999 PHONE TO: CITY OF RICHFIELD -FATE-3142 VETERAN'S MEMORIAL PARK JOB NAME I LOCATION RICHFIELD MN 55423 VETERAN'S MEMORIAL PARK.REVISED JOB NUMBER JOB PHONE 12153 We hereby submit specifications and estimates for: AUTOMATIC UNDERGROUND SPRINKLER SYSTEM: We propose to tie in to the existing 2" copper stub on the outside of Richfield Ice Arena provided by owner/others. Run 2" Mainline and two wire system up to area shown on plan and install the system as per our.job# 12153. QTY: The controller would be the R.ainbird ESP-LXMD solid state. 1 The solenoid valves would be the Rainbird PGA series 24v. 10 The spray heads would be the Rainbird 1800 series with nozzle. 20 The rotor heads will be the Rainbird 5500 and 7005 stainless gear driven rotor heads. 50 The quick coupling valve will be the Rainbird#5 'l"brass located as shown on plan. The isolation valves will be 4"brass gate valves located as shown on plan. 0 The system will carry a full one year warranty on all labor and material. Aqua City Irrigation Inc. will notify Gopher State One Call for location of all PUBLIC utilities. Any and all PRIVATE utilities would be marked or identified by the owner. Aqua City Irrigation Inc.will attempt to avoid all private utilities but will not take responsibility for private utilities that are unmarked or that we are unaware of on the property. We Propose hereby to furnish material and labor—complete in accordance with the above specifications,for the sum of: Twenty Three Thousand Nine Hundred Ninety Seven and 00/100 Dollars dollars is 23,997.00 j. Payment to be made as follows: One half on acceptance,balance on completion. All material is guaranteed to be as specified.All work to be completed in a professional manner according to standard practices.Any alteration or deviation from above specifications Authorized involving extra costs will be executed only upon written orders,and will become an extra Signature i r charge over and above the estimate.All agreements contingent upon strikes,accidents or delays beyond our control.Owner to carry fire,tornado,and other necessary insurance.Our Note:This proposal may be workers are fully covered by Worker's Compensation insurance, withdrawn by us if not accepted within 30 days. Acceptance of Proposal—The above prices,specifications and con- ditions are satisfactory and are hereby accepted.You are authorized to do the work as specified.Payment will be made as outlined above. Signature Signature Date of Acceptance:. T_ za I�ODUCT 131?8G USE WITH 7710 ENVELOPE Deluxe For Business 1-800-7P5-G380 or www:nebs.COm PRINTED IN U.BA. A -;^ "- 1+& g‘ !, !,?!. :r .!:!.• •‘,..4.0 - ,.:,.. -•-, ,- "A, .,1 . , c. ,,,. '7,- ' .3' .',., '''' ' ) • ' I -,`. • i ..., , g -i• . :-, ' , 1:,..„ rz.. ,--.. i - , .,,,-. z : I',, . : P.a,E,41g ': t E 6,4gR. 0 : - • - , i e I I I t.„ ........J ..- 1 gi 1 gl 9!-,-:eggt: e 8Elg 99-0 ti'-q ,,v ':: Vj 8.1 yg.tvp N ,..,Iv ,,,.A. ,4,e0311'.,, t' ''.4"14 .1 uu.,... .g- • '. 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I . ■ 2 -i. =ge 1 CD ,sxl.k . 141, VIP c° le% 1.,In C‘I riliR.i.„.., I AGENDA SECTION: CONSENT AGENDA ITEM# 4H REPORT# 158 =2•All STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 11, 2012 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME, TITLE DEPARTMENT DIRECTOR pie,/REVIEW: I�' / Z' SIGNATURE ' F REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request to approve for the temporary expansion of the licensed premises for Lariat Lanes, located at 6320 Penn Ave. S., to allow for the outside service of strong beer on September 16, 2012, in connection with Richfield's Open Streets at Penn Fest event. I. RECOMMENDED ACTION: By Motion: Approve the request for a temporary expansion of the licensed premises for Lariat Lanes, located at 6320 Penn Ave. S., to allow for the outside service of strong beer on September 16, 2012, in connection with Richfield's Open Streets at Penn Fest event. II. BACKGROUND On August 21, 2012, Lariat Lanes requested permission to serve strong beer outside in the parking lot area of their licensed establishment in connection with Richfield's Open Streets at Penn Fest event. While Lariat Lanes is currently licensed to sell wine and beer, their license is only valid for the interior area of their business and does not allow for outside service of alcohol of any kind. City staff brought this request before the City attorney for review. Based on the findings of State Statute 340A.410, Subd. 7., it was determined that the City of Richfield has the authority for Council to approve of an expansion of the licensed premises for a period of time to allow for service in the exterior parking area provided some requirements are met. 091112 Lariat Lanes Temporary Expansion Request This request for a temporary expansion of the licensed premises for Lariat Lanes would allow for the service of strong beer ONLY, and would be valid only on September 16, 2012, from 12:00 (noon) to 5:00 p.m. during the City of Richfield's Open Streets at Penn Fest event. Staff contacted Lariat Lanes regarding Minn. State Statute and the City's requirement to them to provide a drawing of the parking area showing how they will contain folks so that no one is walking out into the street with alcohol or onto other neighboring properties. A written narrative was also to be included that speaks to how they will control the flow of patrons as well as assure the City that they will have a system in place for monitoring so that the City is assured underage youth will not be able to access alcohol through the beer truck or through another legally aged patron. Another requirement was to submit proof of liquor liability insurance covering the exterior of the premises with the City of Richfield listed as an additional insured. The required drawing and narrative were submitted Tuesday August 28th, 2012, and reviewed by Director Sandell as well as the certificate of liability insurance to cover both Lariat Lanes and the City of Richfield for this event only. III. BASIS OF RECOMMENDATION A. POLICY • Richfield City Code Section 1202 requires owners of liquor license establishments to comply with all of the provisions of both City Code and State Statutes. • Minn. Stat. 340A.410, Subd.7 states that a licensing authority may issue a retail alcoholic beverage license only for a space that is compact and contiguous and that the retail alcoholic beverage license is only effective for the licensed premises specified in the approved license application which in this case is the interior of their business only. As a result, the City Attorney has advised staff that Council would need to approve of an expansion beyond the interior of their walls. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • The City Attorney has reviewed this issue. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Deny the request for the temporary expansion of the licensed premises for Lariat Lanes. This would mean that the applicant would not be able to serve strong beer outside in the parking lot area of their establishment during the City of Richfield's Open Streets at Penn Fest Event. However, based on Minn. Statute 340a.410, Subd 7., there doesn't appear to be any reason to deny the temporary expansion request. V. ATTACHMENTS • Lariat Lanes — Certificate of Liability Insurance • Drawing and narrative VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Lariat Lanes Staff 1 AciaRD CERTIFICATE OF LIABILITY INSURANCE uAnoAmyyy,e; 8/24/2012 _ ..._ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER;AND THE CERTIFICATE HOLDER. — — — ------ ..— iMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(kis) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endamement(sy — PRODUCER glOCI Cheryl Cinder - Bowling _ Edwards Brandt li Assoc iat es Inc= lif)14E. (641)4230B75 {PAX ,mic jj,,,: I).4I1,1:13-2,:4 i 2007 - 4th Street SW "A."- ,cheryldwards-brandt.com •,k• — INSURER(S)AFFORDING COVERAGE _1. NAIC n MiS,LT,011 Ci ty INSURED IA 50401 Lariat Lanes, DBA: John E. Powers & ASsoc. , 6320 Penn Avenue So. Richfield _ L MN 5 542 3 INSURER A Illinois Casualty INSURER 5: INSURER C: INSURER 0: vlsnneR E. PPOlfiER F' i +- 1 . _. 1 I COVERAGES CERTIFICATE NUMBER:CL128240 aos6 REVISION NUMBER: lilts IS TO:DERTIFY THAT THE POLICIES OF INSURANCE I isTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY c'E RC!) INDICATED NOTWITHSTANDING ANY REQUIREMENT, TER141 OR CONDITION OF ANY SONS RACT OH OTHER DOCUMENT WITH RESPEO1 10 wrir.,i illit:; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SOSO:CI TO ALL I HE TERMS, LXCLUSIONS AND CONDIT IONS OF SUCH POLICILS.LIMITS SHOWN MAY I-IAVE SEEN REDIJCED BY PAID CLAIMS irrotirc ! poucy EFF re-POLICY EXP ;— TV TYPE OF IssuRANcE POil y NUMBER , , 11.tyy Y I ,.men' Y ' LIMITS GENERAL LIABILITY I EAGr I OCCURRE VICE , ,I,III.R(1A1 Cqs1),),-,At iAeLI"f PR:.!,11S.g$',T7'i.:,■'-' ,,,, ,':' , r , CLAIMS-MAOL { Crj:liG 1 MCI II:XF Po,',ss:perlicx.; _li, 1 1 tS.:21LAL 6 AL,,INJU1-., 1,....j_,. ________ _______ ______ GLUE R.!,L —- :IT:NT AGGREGATE L101/6l-' :.IES PLR: I PRCIAICTS.((IMP/OP MI6 5 -1 pi f 7;,,,,,. . 1 . —7------ — _____,____ r I s,,,,,,t E UMI■ AUI°MOBILE LIABILITY , t_s,4ttntl : Any AL00 Eouity IwURY'Pe'vs,,,-, ! i i -- Ail 0,W.IF:o I t,h.IT.I ' tioDiLy IC 1(4,Per iis-:,•Icr,: ! i _ AUTCS NON-GI/NOLO PROPERTY DAMAGE 17 — ).14,:i)AUTOLI _ MIMS 0 ,-;.±. 1) _ '' 1--, 1_i UMBRELLA LIAB _ I 1 ,EXCESS L1AE :OCCUR '1 ,;_ : CLALIS.MAOE I IGED I 1 RETEwnoN 3 ; wORKERS COMPENSATION AND EMPLOYERS'LIABILITY ! I Pi ! I •.,;, •';<,i,•,:iETW:).AP.T•i7_•I•.:•- ' !,. r— r------- {.-----' ,E,,,,,,,...,..EE ,. LA(:.:ILEGATE II J., 1 wc.,,,,,. 1 10•11.1 1.0±1Y 1 Ifitl.:-., 1 Ia. F.,:. EACH AC(.7a_NT _ I — i.L,EF:Cif,_•SAFLIE•ER•XCL-..1,..*T. J N F A-'' 1 t Mandatory In Nli) I F.L.DISEASE•CA EMPLOYL VI Oyss0,, ,,psw )2E-ICR N 31 w;L.LL■ER.,:,i•-) ,,,k,,.;._ ECAS A 1 Liquor Liability 1.5673112 1/1/201:: 1/1/2013 vxy:, — — DESCRIPTION OF OPERATIONS 1 LOCATIONS)VEHICLES (Attach ACORD 101,Addnional Renrat Ks Schedule,if mom space Is inquired) Bowling center located at 6320 Peun Avenue So„ Richfield, mN 55423. For City Festival being held on 9-16-12 from 11 am to 5 pm including outdoor aervice area. city of Richfield is an Additional insured. [..---. CERTIFICATE HOLDER CANCELLATION i ....... _ City of Richfield Attn: City Clerk 6700 Portland Avenue S outh , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEL LED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. --- AUTHOInZEE)REPRESENTATIVE Richfield, MN 55423 H I Doug Rurvp/cERvh --27......cori.--A-.71:;--,': 2.---- ?._.-......, ,,,, . ACORD 25(2010105) ---- —-— 1988-2010 ACORD CORPORATION. All rights reserved. INS025:2eic,7:„:t The ACORD name and logo are registered marks of ACORD ) 21 \i' -3\)_ritr‘ I Ti-ocv. \\P\ 12 1 __,D -Z, I At x ---J S 3 - - 1- 9--,.., CI- - --? ' . " 2 0 . z. , 1/4-/, I Re.N- M V.: � � nv o11e 1c r ;ti x,,,11 c�15ca (30\, (� Ci ��,� heec, he' Sv,min beer V CA.n d,. l` t0oc c'� ��.S � �� Qti 0,..14,435i),()9 AGENDA SECTION: CONSENT AGENDA ITEM# 4I REPORT# 159 MAI STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 11, 2012 REPORT PREPARED BY: JULIE URBAN, HOUSING SPECIALIST NAME,TITLE DEPARTMENT DIRECTOR REVIEW: ' 74. IGNAT REVIEWED BY CITY j" t MANAGER: Lam! ITEM FOR COUNCIL CONSIDERATION: Consideration to award a contract to Semple Building Movers, Inc. for the sale and removal of the house at 6420 17th Avenue. I. RECOMMENDED ACTION: By Motion: Award a contract to Semple Building Movers, Inc for the sale and removal of the house at 6420 17th Avenue. II. BACKGROUND On January 10, 2012, the City Council authorized the purchase of 6420 17th Avenue. The property is located in the Cedar Avenue Corridor Redevelopment Area and was considered a prime candidate for acquisition to facilitate the future construction of Richfield Parkway and the eventual redevelopment of the Cedar Point area. The house located on the property is a three bedroom rambler in fair condition. Rather than demolishing it, a request for quotes (RFQ) was issued for the sale and removal of the house. The RFQ was originally issued on June 1; however, no bids were received. An amendment to the RFQ was issued on August 27 clarifying that negative bids would also be considered. Semple Building Movers, Inc. submitted the only quote, in the amount of$6,999.52; the total cost to the City of Richfield for removing the home 09112012 6420 17th House Move.doc and grading the site. When compared with an estimated residential demolition cost of$11,000, acceptance of this bid would result in significant savings. III. BASIS OF RECOMMENDATION A. POLICY • The property is part of the Cedar Avenue Corridor, and was acquired to assist in facilitating the future development of the Richfield Parkway and Cedar Point Redevelopment area. • Moving the house instead of demolishing it conserves a housing resource, and allows for reuse rather than demolition. • Paying for the house to be moved reduces demolition costs and uses public funds more efficiently for future projects. • Full remediation work will be done on the site, removing hazardous materials and readying it for future development. B. CRITICAL TIMING ISSUES • The house move must be completed by November 30, 2012. C. FINANCIAL • Funds from the Airport Noise Abatement Program (ANAP) and the Cedar Avenue Mitigation Area (CAMA) were used to purchase this property. • The recent cost to demolish a comparable City -owned house was $11,356. It is expected that a bid to demolish 6420 17th Avenue would be similar; therefore, the bid to have the house moved results in significant savings to the City. D. LEGAL • The City Attorney reviewed the contract. E. ENVIRONMENTAL CONSIDERATIONS • Moving the house instead of demolishing it conserves a housing resource and reduces the amount of waste taken to a landfill. • The successful bidder is expected to conduct all necessary abatement activities and to demolish and fill the basement and regrade the site. IV. ALTERNATIVE RECOMMENDATION(S) • Reject the bid. V. ATTACHMENTS • Quote Form/Description Sheet • Contract for Sale of Building VI. PRINCIPAL PARTIES EXPECTED AT MEETING • NA DESCRIPTION SHEET FOR THE SALE AND REMOVAL OF BUILDING ON CITY OF RICHFIELD-OWNED PROPERTY • ADDRESS: 6420 17th Avenue South Richfield,MN K_ �� V. DESCRIPTION: one story house (with tuck- ,_t 5k . under garage) •` 411"'. ':,'tly 1,032 square feet R'__�s 3 bedrooms,2 baths at' ►� . Built in 1954 I , ` ; , QUOTE AMOUNT: $ 6` 9 99 `�� A/6G.p9 T lit- QUOTE SECURITY-5%of QUOTE AMOUNT: $ * OR$250, WHICHEVER IS GREATER OR$0 IF NEGATIVE BID *Quoter is required to submit this security with each house quoted on. If security is in the form of a personal check or cashier's check,a separate check must be issued for each house. $5,000.00 surety deposit will be required at closing (surety deposit shall be in the form of cash, letter of credit, or certified funds made payable to the Richfield HRA). Buyer is responsible for city sewer and water disconnects at the main and for restoring the street per City requirements. Please contact the City of Richfield Inspections Division at 612-861-9860 for a permit. All accessory structures and features shall also be removed. Removal/Completion date: November 30,2012 Liquidated Damages on Delay in Removing Building&Debris: $500.00 per day Information deemed reliable but not guaranteed. The house will be opened for inspection upon request; for further information call the Housing Specialist at 612/861-9778. I hereby quote the above amount. - - - Via Signatur D e _ LI 1— a _ BUILDING# CONTRACT FOR SALE OF BUILDING This Contract for Sale of Building made as of the day of , 2012, by and between the City of Richfield (hereinafter referred to as the"City"),and (hereinafter referred to as the"Buyer"). RECITALS: For good and valuable consideration,the sufficiency of which is hereby acknowledged,City,as owner of,the_full legal beneficial title to the Building described herein,has this day sold,and agrees to convey by Bill of Sale,said Building. The terms,and conditions of this purchase and sale are as follows: ---4,-- 1. Sale Property. The property to be conveyed(hereinafter referred to as the"Building")coi slsts of the hose located at Address, Richfield,Minnesota,legally described in Exhibit A,but not the land upon which such Building�ts sited(which kind shall be referred to herein as the"Property"). "e P 2. Consideration. Buyer agrees to purchase said Building for the price of$; (dollar NOTE:XURCHASE PRICE MAY BE A POSITIVE NUMBER OR A NEGATIVE NUMBER) Buyer must pay a Deposi 4. 50 ;_ r 30% of the purchase price,whichever is greater,at the time of submission of Buyer's quotati n. the purchase price is a pose sitirimber,the Buyer must pay the balance of the purchase price in cash to City at closing. If the purchase ai • is a negative number,the'City will refund the Deposit and pay the purchase price to Buyer upon completion of perform ± s f this s 41,34.t The entire De osit will be forfeited if the balance of the urchase -rice if-applicable, Sure Re uirements`an t .: _i s fIns . ce a not aid delivered within five 5 P p �� app � �' eq � Paid' ( ) business days following the Bid Award date of a cordanc j,4k Section 3 s low. 3. Closing. Closing must occur within five(5)bus ess days r:,`o e Bio Award dafe of September 11.2012 at a location designated by the City. At closing,Buyer shall: ;„ _ (a) pay to the City the b alance of the purch. s,`I 1 c.1,1i.or c 41 funds(applicable only if purchase price is a positive number); - 4.' �,Iv (b) deliver surety in the form required by S o i: •-,',00-. , 2 (c) deliver the certificates o '0, : ce recto!' d k yy. fit ,„Blow. -/ Upon receipt of the foregoing,the 9 ll, xe an .dive `t® Xuyer a Quit Claim Bill of Sale in the form attached hereto as Exhibit B,conveying the Building to Buyer su ; ' ®�,a • 4h of this -®ntract,which shall survive the delivery of the Bill of Sale. If Buyer fails to meet the requirements of thi: Sc. 3 ?' E;5)b ess days after the Bid Award date of June 26,the City may terminate this Contract,by written notice t® ,t er .10.. etain e s �yesit as liquidated damages. 4. Post-Closing Requ a etc,ts; Remova -; Bui in ,:Buyer shall complete, on November 30, 2012 or before this date (the "Completion Date"),each of the s l uireme : ._ (a) Buyer shall gi r all note ,� r i stain an pay for all permits,licenses,bonds,and franchises which may be required for the removal and transpo�ation„Qfi the :ilk!. 9 , sy federal, state,county or City laws,rules,statutes,regulations and ordinances, before 13u�e�r begins to re ove the Building from the Property. Buyer shall provide the City with copies of all required permits before Buyer commences k on moving the Building; L(b) Buyer shall have tha municipal water service and sewer service connections into the Building cut off permanently at the main and sealed in accordance-rith applicable regulations and ordinances of the City of Richfield. In this regard, Buyer acknowledges being`ca Lion eclth at the City requires permits to be issued for disconnection of water and sewer prior to any work being"performed. For u�lity disconnects contact the Inspections Division at 612-861-9165 and for street cut permits contact the Public Works Department at 612-861-9790; (c) Buyer shall remove the Building(s),which shall include all structures at-grade level or higher such as:house,garage and outbuildingsrohiie Property; (d) Immediately upon removing the Building from its foundation, Buyer shall post a sign on the Property stating "NO TRESPASSING,"which shall be clearly visible from the street; (e) Immediately upon the removal of the Building from its foundation,Buyer shall furnish and erect on the Property a wood slat snow fence or an approved substitute,either one being in good repair and reasonably acceptable to the City. The fence shall be at least four feet in height,shall completely enclose the open basement,and shall remain in place until the basement is filled,at which time it shall be removed; % : s•. .' - . e•-• o ' •o- ', i , ' . - , 'e a mace, aun'ry 's, app lances, ducts, pipes, wiring, wood, wallboard, columns, flooring, and any other non-masonry items. Buyer shall also remove foundation walls and the basement floor slab, and shall remove all other at grade masonry, concrete slabs, sidewalks, steps, Page 1 -Buyer's Initials 407859v1 CAH RC160-5 - 3 - - and driveways from the Property. ALL ASPHALT, MASONRY, AND NON-MASONRY MATERIAL MUST BE TRANSPORTED AWAY FROM THE SITE. (g) After removing all foundation walls and the basement floor slab, as provided above,Buyer shall fill the basement less than ground level,sloped 4:1 (gradual enough to mow)from existing grade and graded so it drains without holding water,or as directed by the City(Contact the Engineering Division at 612/861-9798). Fill shall be an acceptable mineral soil that is free of clods,stones over 3 inches in greatest dimension,sod,and roots meeting MnDot Spec.3149 for"Granular Backfill"and 4 inches of topsoil. The basement hole MUST BE inspected by the City prior to filling, and any unauthorized debris removed. The fill must not contain any hazardous substance or disposed building material. (h) Buyer shall remove all other personal property or debris from the Property; t (i) All sheds and other accessory structures,clothesline and other poles,and landscape structures shall be removed from the Property. (j) Any trees cut or felled in the moving process shall be removed immediately,and the tree stumps maay remain; (k) As directed by the City, a silt fence shall be erected around the perimeter of- a propertytto'I prevent erosion and unwanted run-off onto adjacent properties, streets, and alleys. Silt fences must conform to standards set by the Minnesota Pollution Control Agency and the City of Richfield. 5. General Covenants. (a) Buyer represents and warrants to the City that Buyer is in thesusiness of house moving and, has all the necessary qualifications and abilities to perform the obligations under this contract awad ;Buyer will not subcontract or otherwise assign the responsibility of moving the building without the prior written_ • ent of the�City. - t re resentaton or warranty of any kind, (b� �Buyer ts"purcliasirig the-ButPdirig-in "AS=IS"`iconl�h�_:i''a�= faults;w}tt� p ty y including,but not limited to,implied warranties of merch t .tlity or =Lc. for a par purpose: (c) The City makes no representation or warranty exp s .lies a: t the Builddting will conform to the building code or permit restrictions of any local jurisdiction having co trol ove f 0• on . e Buildinne (d) Buyer shall have sole responsibility for :ther-pro. @ _1,11 ildm-;the City makes no representations as to the work which may have been done by the City in this re!iligt •j r,v*1 pr to make its own inspection and determination as to the need for additional steps to be taken. (e) The Buyer assumes all risk that the Buil® ' e ®e ="oved over any'contemplated route,that necessary permits for relocating the Building can be obtained,that a B_;9 g a c.�, .yemoved n,.any weather conditions,and that the Building can be moved off the Property within the tune period a le we•P' ��is �._ r,Ct. (f) The Buyer shall furnish = ,.o a t ®or, ,�eral,° ,a uipment which is required for the removal of the Building and required work on the Property. ,,g t y.,.11 one in . •rdance with this Contract and in accordance with City of Richfield ordinances and regulatio=_ con t Rich teld is Rick Regnier,Public Safety Department:612/861-9862. In the event there is a conflict plih. een 3; Contract °'chfield Ordinances and regulations, the Richfield ordinances and regulations shall govern (g) No work ma be done on th- =' site, or any showing of the Building to prospective buyers, except for complete removal of the Building off e Property, . }e,. tie hours of 7 p.m.and 7 a.m. (h) A Sign stating FOR SA�'l "ma.be posted on the Building.Sign must be no larger than six(6)square feet and must be made professionally. No�haand written asi ay be used. Any other signs of any kind posted anywhere on the site is strictly prohibit except for no trespassing signs. (i r'' Ay materials removed from the Building or Property must be stacked neatly behind the Building and removed from the Property within 48 hours. (t) A.sutiable container t ust?be kept on the job site to be used for trash disposal. Buyer shall at all times keep the Property nee from t aoc�u ton of waste materials and debris caused by Buyer's operations. (k) `"Buyer may not;cut or remove a tree from the Property without prior permission from the City. If any trees are cut or destroyed by Buyer without prior approval, Buyer will pay to the City damages of$200 per tree. Any such damages shall be deducted from Buyer's surety. (1) Any reported damage to other lots,rights-of-way or property of others,be it real or personal property caused as a result of or in connection with the Building removal is the responsibility of the Buyer. Buyer shall promptly inform the City of any such reported damage. The City will retain all surety until all such damage is satisfactorily repaired and inspected by the City. (m) Buyer and/or House Mover shall not store any Building and/or house moving related equipment on property owned by the City other than the property where the Building is located,nor on City of Richfield streets,rights-of-way and easements.Any violations shall result in the Buyer and/or House Mover being disqualified from future bidding on buildings and/or removal of buildings. •• _ - - • •e or trthe-Pro:- - • • - -- - - - etion-l)ate,_or if any other requirements set forth herein are not satisfied within the time required by these specifications, damages of five hundred dollars ($500.00)will be collected per day that has not fulfilled the terms and conditions set forth herein and surety will be retained by Page 2-Buyer's Initials 407859v1 CAIRCI60-5 the City until such time as Buyer has fulfilled the requirements undertaken in this contract to the reasonable satisfaction of the City. After Buyer has complied with the requirements described herein, the City will return the surety deposit, minus any damages assessed. (o) If the Buyer sells the Building before it has been removed from the property,the Buyer shall continue to be responsible to the City for all of the obligations of the Buyer contained in this Contract. In addition,the Buyer agrees to hold harmless the City, its officers and employees from any claims brought by the subsequent buyer which arise as a consequence of the City exercising its rights under this Contract to dispose of the Building. (p) Neither Buyer nor any representative of Bu yer shall enter the Property until closing has occurred and the Bill of Sale has been delivered. Alteration or removal of any item on the Property prior to delivery of the Bill of Sale shall constitute trespass and/or theft. (q) Buyer shall comply with any road weight restrictions imposed by the Minnesota Department of Transportation or any other weight restrictions imposed by other applicable entities of government. Buyer shall not receive any extension of the rt Completion Date by reason of road weight restrictions,however long the period of resri°ict ion tltay be. � \ (r) Any damage done to street pavement,or adjacent properties may result in money b g,wit held from surety bond to recover cost of repair of said damage. t°, 6. Default; Remedies. In the event Buyer defaults in the performance of any of its obligations under t 1isfcontracttthe City shall be entitled to the following remedies,in addition to those provided elsewhere m this Contract or by applicatilela : (a) In the event Buyer fails to complete all of the requirements of SF61ona4 and 5 on or before the-Completion Date,the City shall be entitled to liquidated damages equal to all sums prey's usly paid fifth;'city,plus an amottnt equal to$500.00 per day -_ ° for each day=after`the Completion--Date-during which the`rey=; -1: I set fort =a ire remain unsatisfed. In this regard, the Q parties agree that the actual damage which will be real . sy the I all be cdifficult to ddeeteiiuine, and that the liquidated damages provided for herein represent a reasonable esti i. 3«,',f a m d (b) Buyer shall be deemed to have abandon•C the :::::,p: it' 3 ny her item 4 maining on the Property after the Completion Date, and Buyer authorizes CITY ® ®'spose o 3 t :a s in any manner CITY deems appropriate, including, without limitation, demolition or removal. Bu '"`, 1!)1..,11v® : Y for all costs incurred by CITY in disposing of such property and otherwise completing the requiremens Y41t} 's { ;0 4V:d:5, and any other costs incurred by CITY as a result of , - Buyer's default;and 4 - N y 4 (c) The City may take all action necessary s! . RN s failure to perform and collect from Buyer the costs incurred in doing so;and ,. _ "vi(d) The City may enjoin Buyer� the. tivt ,ono e Petty until Buyer's default is cured;and (e) All sums which the City is enfiitl /,-,,,i,...-..1� l "o-_ `om Buye ay be collected from Buyer's surety deposit. If the surety is not adequate to cover such obligati, s,; `�er h .(.diirectly liable to CITY or the excess;and (f) Nothing herein shall ■ :;ens s_ . a waiver CITY's right to seek specific performance of Buyer's obligations hereunder. - 7. Surety Requirements. Sure rn the form ' ,certified funds,or an irrevocable letter of credit acceptable to the City in the amount of Five Thousand Dollars,($5,000:0a0att be provided by Buyer to the City as a condition precedent to the issuance of a Bill of Sale for the Building by the City Any surety pro id by Buyer,other than cash,must be executed by an appropriate financial institution licensed to dobusiness in the State ofMinnesota slid acceptable to the City. In the event a letter of credit is provided,the term of said security shall at a minimum extend thirty days(30)beyond the Completion Date. After all of the conditions set forth in Section 4 and 5 have been met and the City has inspected and accepted the Property,the Buyer's surety will be returned. If any or all of said conditions have not heen met within the time limit set forth in Section 4 and 5,the surety shall be applied by the City in accordance with Section 6. 8. Insurance Requirements. The Buyer shall provide insurance coverage as follows: Comprehensive General(Public)Liability: -$1,000,000 Each Occurrence(Bodily Injury&Property Damage) -$1,000,000 Personal&Advertising Injury -$5,000 Medical Expenses -$2,000,000 General Aggregate -$2,000,000 Products&Completed Operations Aggregate Automobile: -$1,000,000-Combined Single Limit-with symbol 1-Any Auto Workers'Compensation: Statutory Limits Umbrella:$10,000,000 A minimum AM Best Rating of:A-VIII Page 3-Buyer's Initials 407859v1 CAH RC160-5 CITY requires the following to be named as additional insured: City of Richfield The insurance company or companies providing such coverage must be acceptable to the City and be licensed to conduct business in the State of Minnesota. Certificates evidencing such coverage must be furnished to the City at closing. -Payment will not be accepted at closing without valid certificates of insurance. 9. Hold Harmless. The Buyer shall be responsible to the City for the acts and omissions of Buyer,tht_Buyer's building mover,any other person or organization performing any of the work under a contract with or at the direction of the buyer and any individual purchasing the building from Buyer prior to its removal from the property. The Buyer agrees to indcp mify and hold harmless the City,its officers and employees from all suits,actions,and claims of any character brought because of in es received or amages sustained by any person,persons,or property arising out of the removal of the Building or the performance or nu' rfonn nce of~Buyeq obligations under this Contract or in consequence of any neglect in safeguarding the Building or Property; or becaus f"`ny other act of omission, neglect, or misconduct of the Buyer, or by any person or organization employed directly or indirectly by eABuyer. In addition,Buyer shall indemnify and defend the City from and against any mechanics' liens or other claims asserted by any party who claims to have performed work or provided materials in connection with the removal of the Building or restoration of the Prope '-' 10. Hazardous Materials Report. The Buyer acknowledges receipt of a Hard us Materials Repo of the Building, a copy of which is attached to this Agreement as Exhibit A, with attached notific..':'n_form. Buye acknowledges that the Building may contain known and/or unknown hazardous materials. It is the Buyer's full res"" is g It, E a remove te,mitigate d dispose of any hazardous materials and conduct such activities in accordance with state and f.®_✓f.1 regula ��: `=Buyer is by notified that the Minnesota Pollution Control Agency(MPCA)requires the attached notification forlp ' .Ili', ` a o !!‘.1;, ,,J 'CA prianWtrating building moving activities. Buyer agrees to accurately complete the notification form, submit t ®'E r ' ...e e itr A, and pride a copy to the City. Buyer shall indemnify the City for any cost,loss,or damage resulting ' Buyer's a€ _;'. ',A<omply with this Section 10. 11. Payment of Subcontractors. Contractor agree eve <l, b ol%�tractor within 10 days of receipt of payment from the City pursuant to Minn. Stat. §471.425. ,x 3+r- t ,r-.J' this as of this day of IN WITNESS WHEREOF,the Buyer and�� k =�v�r Co q� y , 2012. By:Buyer By: Seller Company Name: -'z,. City of Richfield t 6700 Portland Avenue South Address , a - Richfield,MN 55423 Telephone By: By: Its: Its:Mayor By: Its:City Manager Page 4-Buyer's Initials 407859v1 CAH RC I60-5 AGENDA SECTION: CONSENT AGENDA ITEM# 4J REPORT# 160 =Ad STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 11, 2012 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR / ( / REVIEW: .i.L° L1111•116• • i SIGNATU I, REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of requests for a Temporary on-sale Intoxicating Liquor license for the Church of The Assumption, 305 E. 77th St., for their Festember event to be held September 22, 2012. I. RECOMMENDED ACTION: By Motion: Approve the request by the Church of The Assumption for a Temporary on-sale Intoxicating Liquor license for their Festember event scheduled to take place on September 22, 2012. H. BACKGROUND On August 20, 2012, the Church of The Assumption submitted a request for a Temporary on-sale Intoxicating Liquor license for their Festember event to be held on September 22, 2012. All required licensing fees have been received. The Church of the Assumption will also be holding a dance during this event; however Richfield City Code 1110.03 exempts the requirement of obtaining a Public Dance license when the proceeds are devoted to benevolent, fraternal, educational or charitable organizations as is the case with the Church of The Assumption. The event will take place from 12:00 p.m. (noon) to 7:00 p.m. The applicant has requested a Temporary on-sale Intoxicating Liquor license to serve wine and 3.2 percent malt liquor at this event. No other intoxicating liquor beverages will be permitted. 092212 Church of The Assumption Festember event. They plan to serve corn on the cob, hot dogs, tacos, chips, roast beef, tamales, soda, fruit, popcorn and a dessert. The Church of the Assumption has contacted food sanitarians from the City of Bloomington to ensure that proper food handling practices are followed. III. BASIS OF RECOMMENDATION A. POLICY • Richfield City Code Section 1202 requires applicants of Temporary on-sale Intoxicating Liquor licenses to comply with all of the provisions of both City Code and State Statutes. • Richfield City Code 1110.03 exempts the requirement of obtaining a Public Dance license when the proceeds are devoted to benevolent, fraternal, educational or charitable organizations. B. CRITICAL TIMING ISSUES • Service of wine and 3.2 percent malt liquor will be allowed only during the specified time of 12:00 p.m. (noon) to 7:00 p.m. on September 22nd. In addition, no other intoxicating liquor beverages will be permitted. C. FINANCIAL • The required licensing fees have been received. D. LEGAL • The required proof of liquor liability insurance coverage has been submitted showing The Catholic Mutual Society of America affording the coverage. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Deny the request for a Temporary on-sale Intoxicating Liquor license for the Church of The Assumption. This would mean that the applicant would not be able to serve wine or 3.2 percent malt liquor. However, the Public Safety Department has not found any basis for a denial. In addition, the Council has previously granted licenses to the applicant for similar events. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • The Church of the Assumption staff have been notified of the date of this meeting. AGENDA SECTION: PUB.HEARING AGENDA ITEM# 6 REPORT# 161 STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 11, 2012 REPORT PREPARED BY: WAYNE KEWITSCH,FIRE CHIEF N E,TITLE DEPARTMENT DIRECTOR REVIEW: 1+ _ I - ZIGNATU �f REVIEWED BY CITY MANAGER: , / .1 ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of an ordinance to authorize a capital improvement to renovate Fire Station 2. I. RECOMMENDED ACTION: By Motion: Conduct public hearing and second reading of an ordinance to authorize expenditures for the planning and renovation of Fire Station 2 pursuant to the Richfield Charter, Section 8.04. II. BACKGROUND At the present time Fire Station 2 is in need of a major renovation. Council initially discussed this issue at a work session on June 26, 2012 and the first reading of the ordinance was held on August 13, 2012. The renovation would provide the following: • Alleviate gender equity issues. The current fire station was originally built in 1963 and was remodeled in 1983, on neither occasion was it deemed necessary to modify the facilities to accommodate women in the fire service. In the recent past, the department has been able to accommodate the single woman on the department by assigning her to the officer dormitory when she was assigned to Station 2. Currently the department has three women and this facility is unable to accommodate this gender make up adequately on an equitable basis. The facility only has one common locker room which does not have a door and is adjacent to a frequently traveled pathway between the firefighter dormitory and the apparatus bay. There is no adequate space that will work efficiently as a locker/changing facility for female firefighters. The renovation will create two unisex bathrooms with showers that can be used for changing with a common locker/personal item storage area. This will allow the station to be used into the future regardless of the gender makeup of the department. Additionally, four individual sleeping rooms, similar to Station 1, will be created to solve the dormitory gender issues. • It would allow the installation of energy efficient updates. Over the past several years the City has made several improvements in Station 2. A new energy efficient boiler was installed along with a new efficient water heater. These improvements will not be replaced during the renovation. However, there are several windows, doors and lighting fixtures which will be upgraded to energy efficient models along with additional air handling equipment. • Replacement of equipment that is beyond it effective operational life cycle. The main heat exchanger located in the apparatus bay does not function properly and will need to be replaced whether Station 2 is renovated or not. It requires manual adjustments which are made by government building staff on a seasonal basis, but that does not allow for adjustments if the weather suddenly gets hot or cold after the adjustment. This results in poor conditions throughout the living spaces and can result in a degradation of equipment life. • Accommodate equipment storage needs. The current facility has inadequate storage space for departmental needs. Equipment and paper goods are stored on top of lockers and some space is no longer properly utilized. The existing hose tower could be better used as storage space. The renovation will build in dedicated storage for linens, paper goods, equipment and emergency medical equipment along with creating a specific information technology closet, which will facilitate the IT needs of Station 2. • Facilitate operational needs due to increased station run volume. Run volume at Station 2 has increased 14% over the past ten years. It is anticipated that this trend will continue. As the station becomes busier, it necessitates operational modifications that the current station is incapable of accommodating. • Currently the fitness equipment at Station 2 is co-located with the dormitory. Firefighting is a strenuous job and requires a high level of individual fitness. Currently fitness equipment is co-located in the dormitory; the renovation will create new space that will be dedicated for fitness. • A new front entrance and façade will be part of the project. The architect has been tasked with adhering to the development guidelines established by the City for the Penn Avenue corridor. The estimated cost of the renovation is $900,000, with an estimated start of construction planned for the fall of 2012 and is anticipated to take six to eight months to complete. Station 2 will remain operational during the renovation. An architect's preliminary rendering of the new facade along with a proposed floor plan is attached. Notification of the public hearing was published in the Sun Current on August 30, 2012 and September 6, 2012. III. BASIS OF RECOMMENDATION A. POLICY • City Charter, Section 8.04 requires that any capital improvement on City owned property which has an estimated cost exceeding $500,000 or expenditures for design or engineering exceeding $75,000 must be approved by ordinance after a public hearing. • The attached transitory ordinance reflects the City Charter requirement pursuant to Section 8.04 and includes an estimate of the project costs as well as estimated design and engineering costs. B. CRITICAL TIMING ISSUES • Delay in acting will increase the cost of the project approximately 5% annually and may result in a project cost that would require debt financing rather than cash. C. FINANCIAL • The estimated cost to remodel Fire Station 2 is $900,000. • Design & Engineering $ 72,000 • Construction $770,000 • Information Technology/Furnishings And Contingency $ 58,000 Total $900,000 • Funding for the project will be provided from the following: • Capital Improvement Reserve Fund $500,000 • 2013 Additional LGA $300,000 • 2012 General Fund Surplus $100,000 Total $900,000 D. LEGAL • Legal Counsel has reviewed the attached transitory ordinance. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • None. V. ATTACHMENTS • Transitory ordinance. • Rendering of renovated Station 2 • Floor plan VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. Le - I BILL NO. Transitory Ordinance No. AN ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT FOR RENOVATION OF FIRE STATION NO. 2, PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings. 1.01. Section 8.04 of the Richfield City Charter requires that any capital improvement on City-owned property that has an estimated cost exceeding $500,000.00 or expenditures for design or engineering costs exceeding $75,000.00 must be approved by ordinance after a public hearing. 1.02. It is proposed that the City Council approve a capital improvement project for the renovation of Fire Station No. 2, located at 6401 Penn Avenue South in the City of Richfield. 1.03. The capital improvement project consists of the design, engineering and construction of improvements to Fire Station No. 2, including, but not limited to renovation of bathrooms, dormitories, heating, ventilation, windows and exterior façade, the "Project"). 1.04. The estimated construction cost of the capital improvement, excluding design and engineering costs, is in excess of $500,000. The preliminary estimate for total construction cost is $770,000. The estimated cost of design and engineering is $72,000. 1.05. A public hearing was held on September 11, 2012 after due notice as required by Section 8.05 of the Richfield City Charter. 1.06. The Council finds and determines that it is in the best interests of the City and its inhabitants that Project be approved. Sec. 2. Approval; effective date. 2.01. The Project is approved, and planning, design and construction of the Project may proceed according to the procedures required by law. 2.02. The purpose of this Ordinance is to comply with the requirements of Section 8.04 of the Richfield City Charter. This Ordinance shall not be construed to require that the City proceed with the Project; nor does it vest any rights in the Project to any individual or entity. This Ordinance shall not be construed to pre-approve any contracts for the design or construction of the Project, and the City Council specifically reserves to itself the authority to approve any such contracts. The City Council reserves the right to abandon 408938v1 CAH RC160-8 1 the Project or to modify elements of the Project, if the Council deems abandonment or modification to be in the public interest. 2.03. This ordinance is effective 30 days following its publication. Adopted by the City of Richfield this 11th day of September, 2012. Debbie Goettel, Mayor ATTEST: Nancy C. Gibbs, City Clerk 408938v1 CAR RC160-8 2 LE -3 ` � T Li Q - - - g j f 1, ,,, x - ..,,s,,, „..4.-,4. .. 7,-.6_,,, ,.., ...„.., t tit:, , . . c `rte..` ks5`. `ss. fir 'y . .... x y t _ [ tr-k-c;:!.=-;%_;,,:%,%:', —7-4'1 in A,„..-...., ,.. A.„trfi.. 1.I I' l! 0 c(t-,�SS- r-, A I p - a.,,..a a�` • Ate-• I5 • 1M _ f� Ij4 i ”- I , �, ®� Fe , .14. .4 .__, a R S 4 yr :.;�1. � �, 1 - i1�. _x S'--f.•-+. --- --- —" ---- • 1 „�a 3.a.71-1. :84;:* . tdy '• 3" •Ifix. ld ,. -P. 4:x' 1,. •rf' i' /- NEW OVERHEAD DOOR ................°. : NEW WINDOWS THROUGHOUT HOSE TOWER/STORAGE iii." �` NEW WINDOWS THROUGHOUT _�.: h' STORAGE • • _ -_- - ' 6* DORM DORM DORM . LOCKERS . � ._..... ■ (12)24"X24'X6'LOCKE-© T I\®.I> LINEN/STORAGE HALL gIF LINER/STORAGE ii__EQ11111j _l_LJ r DORM = JAN URGER I�C UNIIX __.�__ H ^,,5 f)CUIBIX LAUNORYATDLRY _ m ` -+. APPARATUS RD \ .-J1 f J / NEW THROUGHOUT CLOSET KITCHEN/DAY ljJ ROOM IIP EXERCISE I� HALL • . . 1 „ I_I ii „. . J 6z _- EXISTING URLITY 1 ....„....„....... .. . . .... ........................... . ..... „,,,..,_ ,---, i . Ll.. L--NEW OVERHEAD DOORS--/ I. LI F .. _ a CE --NEW STATION SIGNAGE ABOVE ,OFfIC \ J VESITBUL _ NEW FACADE OVER EXISTING WALLS .................... - FIRST FLOOR PLAN __ LED DALV --OFFICENESTIBULE ADDITION: NEW FOOTINGS/FOUNDATION,OFAN WALLS ROOF AND CANOPY AGENDA SECTION: ORDINANCES AGENDA ITEM# 7 REPORT# 162 will STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 11, 2012 REPORT PREPARED BY: CORRINE HEINE, CITY ATTORNEY NAME,TITLE DEPARTMENT DIRECTOR Oft I— / / REVIEW: 14. 14�.r• / , SIGNATURE 'r REVIEWED BY CITY / , �'` �� , MANAGER: f , / .LIWIII.„, -- / , / ITEM FOR COUNCIL CONSIDERATION: Second reading and consideration of adoption of an ordinance amending subsection 601.25 of the Richfield City Code, relating to placement of waste containers I. RECOMMENDED ACTION: By Motion: Approve adoption of an ordinance relating to storage of garbage, refuse and recyclables containers, amending subsection 601.25 of the Richfield City Code. II. BACKGROUND In a recent environmental health enforcement action, a property owner contended that the City's ordinance regarding placement of waste containers included ambiguous language. The City code states that "garbage cans, refuse, and recyclables containers must be located alongside or behind the house or garage of a residential dwelling unit.” The resident had placed their garbage can forward of the front line of the house and was cited for failing to have it either alongside or behind the home. The City has been enforcing this code in this way for over 30 years. The citizen challenged the citation in District Court and a Hearing Officer dismissed the citation; stating that our ordinance language was not supported by a definition for the term "alongside". This effectively rendered our current waste container placement ordinance language moot. Staff contacted the City Attorney and the City Attorney recommended that the ordinance be amended to clarify the City's intent. 091112 Garbage Container Revision The City Council considered a first reading of the proposed ordinance on August 13, 2012. At that time, Council Member Fitzhenry suggested that the ordinance was difficult to understand. In response to those concerns, staff has simplified the language but has not altered the substance of the proposed change. The last sentence of the proposed ordinance previously said: "Containers may not be stored in the area that lies between the front lot line and the front line of the principal building that is farthest from the front lot line, as projected to the side lot line(s)." That has been revised to read: "Containers may not be stored in front of any part of the principal building on the property." III. BASIS OF RECOMMENDATION A. POLICY • The City wants its ordinances to be clear and unambiguous, so that the public can readily understand what the ordinance requirements are, and so that Public Safety can effectively enforce the ordinances. B. CRITICAL TIMING ISSUES • The Public Safety Department is not enforcing the ambiguous ordinance language but is only enforcing clear violations of the existing ordinance. C. FINANCIAL • None. D. LEGAL • The City Attorney prepared the ordinance. E. ENVIRONMENTAL CONSIDERATIONS • Placement of containers behind the front plane of the principal structure reduces visual clutter and unsightly conditions. IV. ALTERNATIVE RECOMMENDATION(S) • None. V. ATTACHMENTS • Ordinance. • Diagram. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 091112 Garbage Container Revision BILL NO. AN ORDINANCE RELATING TO STORAGE OF GARBAGE, REFUSE AND RECYCLABLES CONTAINERS; AMENDING SUBSECTION 601.25 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 601.25 of the Richfield City Code is amended to read as follows. Storage of garbage, refuse and recyclables containers. Garbage cans, refuse, and recyclables containers for single- and two-family residential properties must be located - - - - - - e- -.-e -- • - - - - - - - - - residential dwelling unit as provided in this subsection,. Except when placed for collection, containers must be stored within an enclosed structure or in the rear or side yard of the property immediately adjacent to a principal or accessory structure. Containers may not be stored in front of any part of the principal building on the property. Sec. 2. This ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted this of , 2012. By: Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 091112 Garbage Container Revision Allowed . o Garage d I / Allowed I I I . I . I Allowed . I Building Roof v . 0 Ar .7 0 zt Al / rrAr I . I . I —. — . ■ • - • ■ - ■ • ■ • ■ • ■ - —#I • - Cans must be stored immediately adjacent to a building but not in front of the principal building Legend 7/,' Prohibited Allowed AGENDA SECTION: RESOLUTIONS AGENDA ITEM# 8 REPORT# 163 =MAI STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 11, 2012 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME,TITLE DEPARTMENT DIRECTOR t . REVIEW: ;`��,- A ■ ''' / SIGNATURE,„.. REVIEWED BY CITY �` •- MANAGER: �j 1 ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for a conditional use permit to allow lighted ball fields and new buildings, bleachers and a backstop at 7001 Harriet Avenue, Richfield High School. I. RECOMMENDED ACTION: By Motion: Approve a conditional use permit to allow a lighted ball field and new accessory features at 7001 Harriet Avenue, Richfield High School. II. BACKGROUND Richfield High School has requested permission to install lights at the existing ball field adjacent to the High School. Additionally, they plan to construct new bleachers, a press box and concession building, and replace the existing back stop. The new bleachers will curve around the home plate and will take advantage of the grade change between the street and the playing field. The press box and concession building will sit at the top of the rise, behind the bleachers. The new back stop will be of a similar design and height as the redesigned City fields at Lincoln Park. The back stop will be approximately 38 feet tall. III. BASIS OF RECOMMENDATION A. POLICY 091112 - 7001 Harriet CUP Outdoor facilities related to school are conditionally permitted in the R District, provided the following conditions are met: 1. Outdoor recreational facilities designed for group activities shall be set back at least 40 feet from any lot line. The site is currently nonconforming in regard to this requirement. The existing bleachers are set back 27 feet from the south lot line. All new and/or replacement ball field components must be at least 27 feet from the lot line. This requirement does not apply to fences. 2. Buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties. The field is an existing facility. The proposed changes will modernize and improve its appearance. There have been no complaints related to the existing ball field. 3. Lighted playing fields shall be permitted only upon demonstration that off-site impacts can be substantially mitigated. Light levels will not exceed 0.3 footcandles on the south side of 72nd Street. General City standards require that light levels remain below 1.0 footcandles at either the center of an adjacent street or a residential property line. The light levels from street lights typically measure between 0.5 and 2 footcandles at street level. The findings necessary to issue a Conditional Use Permit (CUP) are as follows (547.09, Subd. 6): a) The proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan. The property is designated for School use. b) The proposed use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The purpose of the R (Single-Family) District regulations is to protect and preserve the single-family residential character of the area. c) The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. This requirement does not apply, as there are no official redevelopment plans or design guidelines for this site. d) The proposed use is or will be in compliance with the performance standards specified in Section 544 of this Code. The building design and lighting comply with the performance standards section of the Code. e) The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. No undue adverse impacts are anticipated. f) The use will not have undue adverse impacts on the public health, safety, or welfare. No undue adverse impacts are anticipated. g) There is a public need for such use at the proposed location. Ball fields are necessary for the High School Athletics Program. h) The proposed use meets or will meet all the specified conditions set by this Code for the granting of such conditional use permit. See above conditions 1-3. B. CRITICAL TIMING ISSUES • 60-DAY RULE: The 60-day clock `started' when a complete application was received on July 25, 2012. A decision is required by September 23, 2012 OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision. • If approved, the applicants must record the Conditional Use Permit with Hennepin County. Proof of recording is required prior to the final inspection. C. FINANCIAL • The required application processing fee has been paid. D. LEGAL • A public hearing to consider the proposed request was help before the Planning Commission on August 27, 2012. No members of the public spoke. • Notice of the public hearing was sent to properties within 350 feet in accordance with State and Local requirements. • The Planning Commission was concerned at the lack of specificity related to the potential for scheduling night games in the future. • The Planning Commission recommended approval of the proposal with an added condition that would require ball field lights to be extinguished by 11:00 p.m., as is the policy for City-run ball fields. E. ENVIRONMENTAL CONSIDERATIONS • Light spillover will remain below City standards. No additional environmental impacts have been identified. IV. ALTERNATIVE RECOMMENDATION(S) • Deny the requested conditional use permit with findings indicating that the requirements necessary to issue it are not met. V. ATTACHMENTS • Resolution • Site plans • Area zoning & land use maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representative(s) of School District 280 8- RESOLUTION NO. RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A LIGHTED BALL FIELD AND NEW ACCESSORY STRUCTURES AT 7001 HARRIET AVENUE WHEREAS, an application has been filed with the City of Richfield which requests a conditional use permit for a lighted ball field and new ball field accessory structures on land generally located at 7001 Harriet Avenue, legally described as: That part of Government Lots 4 and 5 lying West of a line running parallel with and a distance of 415 feet East from the East line of Minneapolis Northfield and Southern Railroad right-of-way except roads, Hennepin County, Minnesota WHEREAS, the Planning Commission of the City of Richfield recommended approval of this requested conditional use permit at its August 27, 2012 meeting; and WHEREAS, this requested conditional use permit meets those requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, Section 547.09, Subd.6; and WHEREAS, this requested conditional use permit meets the requirements necessary for issuing a conditional use permit for outdoor recreational facilities and lighted playing fields as specified in Richfield's Zoning Code, Section 514.07, Subdivision 4; and WHEREAS, the City has fully considered the request for approval of the conditional use permit; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. An amended conditional use permit is issued to allow a lighted ball field and new access ball field accessory structures, as described in City Council Letter No. , on the Subject Property legally described above. 2. This amended conditional use permit at 7001 Harriet Avenue is subject to the following conditions in addition to those specified in Section 514.07 Subdivision 9 of the City's Zoning Ordinance: • That the recipient of this conditional use permit record this resolution with the County, pursuant to Minnesota Statutes Section 462.36, Subdivision 1 and Richfield Zoning Code 547.09, Subdivision 8. The City Council authorizes staff to make changes to the legal description as required for recording purposes. • Proof of recording must be submitted to the Community Development Department prior to the Final Inspection. • All new and/or replacement ball field components must be at least 27 feet from the lot line. This requirement does not apply to fences. • Light levels must be maintained in a manner consistent with the requirements of the Code. • Ball field lights must be extinguished by 11:00 p.m. 3. This conditional use permit shall expire one year after it has been issued unless 1) the use for which the permit was granted has commenced; or 2) Building permits have been issued and substantial work performed; or 3) Upon written request of the applicant, the Council extends the expiration date for an additional period not to exceed one year. Expiration is governed by the City Zoning Ordinance, Section 547.09, Subdivision 9. 4. This conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the City's Zoning Ordinance, Section 547.09, Subd. 10. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of September, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk EXISTING CONDITIONS g — 4: R' j j 'li RICHFIELD nv-eA2u``.YI 9 , III C LEGAL DESCRIPTION: __ A II NO LEGAL DESCRIPTIONS WERE PROVIDED BY THE _ --_ PROPOSED V J © • r ° O N Z NORTH \ / C -m _= I•.', — / to s C-OM E R ism_- •1 O•L 1 m C c a._ - i =_ amrno m �n 2 3 a ,° , 04.92 43. w : 3� '1 = uNi:c in � � IIIIIII , •- o IV il' 19 O i. , ; cn — OW _ j _ Q z cc P ^ 11.1 LO - . NOT TOSCALE„N < z = moo in ,. I w I I UV = = I W J o C? 11 I SYMBOL LEGEND CO P _ ! A _ t NEW fi"CONCRETE PAVEMENT OVER c _ _ NEW 6"CRUSHED AGGREGATE BASE m SEE DETAIL 1/O1 / - NEW 5"INFIELD AGLIME - •, _ m f - - t� SEE DETAIL 7/D1 J I I J 1 RETAINING WALL i - - - O II WHERE APPLICABLE,DIMENSIONS ARE FROM 1 j i _ 2 ii BACK OF CURB TO BACK OF CURB OR BACK OF = Q ■ j CURB TO END OF STALL LINE. cn I. 1 ' - V`^ F- L .1 vJ W ! = I - � , I I � � � . t I , I f i J W 4G.13 I 1 � I, I RETAINING WALL - ■ ` 1 - I i; mO/ '" 2. I t '�' I AG-LIME ak I _ .11 r -J w CC Ii - i I .a �i - W LL I 1 E 1 f I I Q j 1 I 7. r.--.--.. y , i f -� r r ?./r 1 I.LJf v 4 HIGH k. " I F U f .II 1 x �° ': I II 1 1 I \ RETAIN WALL a• .`:-` _ ® ®\ , I hereby certify that this plan, ' 'gi BLEACHERS �, - 1 -- - / t speci0cations or report rt was prepared 7 ,_. ,..._ �' ® ® - - by me or under direct supervision e -'1 _I I i I P� _. r and that I am a duty licensed a laws 3 Professional Engineer under r..._f 3� _, ® of the state of Minnesota. i �l. I,) 10,HIGH FENCE y. i gig g BACK STOP Q /f- /f Q I© ! `s; I ' AG-LIME Gregory A.Buchal,P.E. -w` 111 I ! E w � -- Date:03.26.12 Reg.No.:23793 I t ICONCESSIONBU LDING I Ste°-gi -A-A/... 9 = " II 4.57";' j '- Y. .* .1 Rev. Date Description 1• i-T < Y ",�,2 1. 114.09.12 Addendum el•f � \ .. � .41-4=4- --..;=rt�'2,' CONCRETE PAVEMENTQ 46 14 I 1 I �� ,T `f 33.25 i I BUILDING. 1.'4,.' �,..4-../ ' `Sq _ (SEE SHEETS S1-S3)I - 1- i--7 f - 4� c rte::: _ ! '-':4 - RETAINING WALL ll�.: ,+. i, i i w- h 24"HIGH RED •,I`- 1K Project fl: 12128016 { e'x. PAVERS FOR .°-' 4'HIGH FENCE Q Drawn By: KW I LETTERING © N y' I gf WITH GREY I Checked By: GAB 1fLwa a PAVERS FOR I .l I I Issue Date: 03.28.12 I *T� I X BACKIROUND X W ! j LL_ I �'�,1 X-..--- • _-'• - ._ __....__ ......_._t _ _.- __.__.-< .. .. __. _._.-.- - .-__._.._ _._ --_. .... _...... _.._._._... ._...._ __.__ _ _ ..... __..__. Sheet Title: ,' > ii:; © D4fU_ILEGATE - _+s 10 HIGH FENCE© PAVING AND Q j:1 1 1 m!1- __ __ _= = — =._._ __ __. DIMENSION PLAN z ' —' r; 72ND STREET Oil Q iI s ADARAMP" NORTH 1 Cl) j W C2.0 ..__.._......._ J .h i. 0 10 20 40 M.tF,gectAnnieCS•2012112126016.RAY.Baseball Fek Improvement...De+;9nOrarOg Fhat126016 C205C2.I dreg ALL EXISTING ITEMS AND CONDITIONS SHOULD BE VERIFIED BY THE CONTRACTOR BEFORE CONSTRUCTION Sheet: 5 of 18 z —5 1 a C NORTH d X F z I CAL dIi • 1 Y) C .o �� ,, 1 1 L/� C a°are o m F -I ,`' a V co J.v I1 I � ' iL U F i;�3 tom. �2 } ti /CEy ' --- t i ` 2 9 ' z . _ 4: , ., i_.._ __: :......,___ w1 e a 1 L / v J �I MODULAR BLOCK u O Z n co # UNITS PER MANUFACTURER 18"THICK J W Lq DRAINAGE 4°TOPSOIL KEY PLAN W_ = > z I - AGGREGATE AND SOD• -.X _ NOT TO SCALE ! 1 H 2 i \.J AG-LIME SURFACE LL W cs • C11--IIC�11 IL:IL l—L 3a JL Llt' m _ ::t,v ..Pa11AIL- �n.11=I1 it il.�-g U 0 1 IL 2 If. a I rl=ndlr.=lr ll _ — x I , 111.(1=.1t:1I�l�.Rona[[= '-. EXISTING SUBGRADE .1 0• �' '� e m m e .,,,-.,,, j=[1-1L IIa1L:Il:1I. .Il�-!L. o fX 1 liter.':; f lo1:�' .. • '•,•J._, -. r- 11FI1�11,-1. !--: SOIL SYMBOL LEGEND m f IhIB 1L l- D1 SOIL SEPARATION FABRIC NEW 6"CONCRETE PAVEMENT OVER - . 1 RETAINING WALL �. Il'1f{{ '�J - NEW 6"CRUSHED AGGREGATE BASE m EL _ 4 6"THICK MIN. SEE DETAIL 1/D1 V S �y©y� - `-EXISTING SOILS ' WO ' - NEW 5"INFIELD AGLIME J NOTE: - SEE DETAIL 7/D1 O ' SEE PLAN FOR FENCE LOCATION. I 1 6'HIGH FENCE© 0 RETAINING WALL DETAIL - WHERE PPLICABLE,DIMENSfONS ARE FROM /� N i i �_ � NOT TO SCALE BACK OFA CURB TO BACK OF CURB OR BACK OF I 0 V J i CURB TO END OF STALL LINE. L - I! 1 U) W Z j ; 1 j I �'t> W W � , I , 1! 1 C • U- JW W C BULL PEN PLAN W- Q �- NOT TO SCALE LL. co 2 W U a I hereby certify that this plan, spera6catlons or report was prepared by me or under my direct supervision f I and that I am a duly li censed 1__I I R�� %J I - oT the state of Minnesotader the laws i I I c x I I ff 1i ! - a- ,e I I !__1 - xa- r_ Gregory A.Buchal,P.E. -I „__. i- I— -- _-_ __ _ Date.03.26.12 Reg.No..23793 RR t ; r •I I.1. I . . _. _ __...- Q Rev. Dale n I Description i ` �r: 09.04.12 Addendum kt ti-.r I!- i �a` �� R TEP -- 7' Y Project#: 12126016 ii \ I I 161.54' 4 Dawn By: KBK f I ',V.€\� ,b_ . - Checked By: GAB \ ..; -' j----X--X X—X—X X—X—X—X X—X i o 'eUL4A*N Issue Date: 03.26.12 -1'-. S � 5 m 6 HIGH FENCE© Q _ Bp Sheet Title: I ;`4' � '�,: „, BID ALTERNATE#3 _f L. .#?:Ns'' '�"f '? T 0 DIMENSION PLAN I' NORTH C31 BULL PEN PLAN C2. I NOT TO SCALE 0 10 20 40 W:1Pryeas�➢rgecls-41nOr2l2ae!fi-Rernetl BaveU&I Fxk lmpamre0000'900,a,Sn Fta\120015020002.¶0vg ALL EXISTING ITEMS AND CONDITIONS SHOULD BE VERIFIED BY THE CONTRACTOR BEFORE CONSTRUCTION SheEi- 8 of 18 —Le Ti CHAIN LINK FENCE FABRIC TOP RAIL V o N Z 3"O.D.TERMINAL POST BOTTOM RAIL 3"O.D. LINE POST. NETTING C N 1S MAX rn NETTING SUPPORT 10"STRAIGHT POLES TENSION BAR `BEAM — !E- U a TENSION BANDS SPACE II; t - - O, CC at-----M ail . 8 S m 15"APART MAXIMUM - - _ m N �I — - C!—'m°D a 6 .. N t r- 1 i Jw �3� 114 cv U 1 `-FENCE POSTS IN 30"WOOD WALL ON Alk . 1 12"0X5'CONCRETE 36"0,96"DEEP BALL FIELD SIDE OF FOOTING(TYPICAL) CONCRETE FOOTINGS FENCE POSTS 12, Q O CO D 04 OPEN EYE BOLT J W In k, W 4' HIGH FENCE DETAIL NOT TO SCALE ) i PULLEY NET N U u_ ^ LIJ ROPE RING = V —TETHER O W SPRING HOW U Q LL • _ 7 3"O.D.TERMINAL POST //! :ST LINK ,/ ^`-% `�_!„_ BLACK 1S0.NT' I lidVi/ON ROPE EDGE B ^ TOP OF POLE 0.� TOP RAIL�' ii TENSION BANDS SPACED ' MAXIMUM OF 15”APART MIDDLE RAIL o I ' J O 0 _� ROPE CLEAT _ FOR SEETHING O TENSION BAR _ ROPE TETHER MIDDLE OF POLE BOTTOM RAIL 1 ''/• ALUMINUM POLE '_ W. '( t z )l I ) ' i I t 1. 1:- - GROUND VE BLACK ZIP TIES T 1 i t t t I I I 1 I ' - BASED ON HEIGHT NET SECURING SYSTEM . -+- i' l I I 1::::.-I! 1 -. I I III I__ OF SYSTEM �•{� I 1...-----,I it II III II' I:I 2 I i t I I L: I I C.:. i;:;::!11::::::.),17,--.7,!.., III I I I 1 III i- ti, BOTTOM OF POLE Li I � (:iil II I II1_,..11 I I II 1 = 1 < II 1_ F III_ II I III 1� Ii I I III ,i: _ 11 I III I!1=---.!_ II j! -_i I I I LEI I - BASEBALL FIELD m a 0 I i I III I I_ I ill :1I II_ II I - I:::=1 I 1 II , ' �- 1 I 1 t ' 1 1 I I I —1I 1 i I I - ' 1J fI I-I I I II il I III11 III-'1' III II,11 1 F IILEI ..I-' t, It II'. ^^ 12 DIA.X 5'CONCRETE t,- � FOOTING(TYPICAL) T 3 W 0 FENCE DETAIL F 0 NOT TO SCALE o^ CHAIN LINK FENCE FABRIC a` ALL JOINTS SHALL BE I hereby certify that this plan, WELDED TO PROVIDE A �'0,, by me or or report was prepared RIGID FRAME by me or under my direct supervision YlT and that I am a duty licensed • 12 •a FENCE POST • Professional Engineer under the laws 3 MAX Q of the state of Minnesota. I � 1 Bethel,Gregory t,P.E. Date:03.2fi.12 Reg.No.:23793 — - . . . ., ., .,,.-, . , ... \ Rev. Dale Oescdption / Y PROVIDE CROSS BRACING O 40'HIGH BACKSTOP O 7Q 04.D4.12 Addendow8T I, FOR GATES AS RECOMMENDED —• - BY MANUFACTURER 6 t t>Ct 7. , > q -,is i'` I l 11 I ) 111 it IEH II I III I'— 11;- I I I III 1 I I III I Project#: 12126016 !T!7!-!!!' -.-1 III III I t ' 1':: t I i.....11 I I ..1 I 1 :I t 11 ,_l Drawn By: KBK 1 11 I III_ .-I I l t I I I'. 1 1 I - I III Checked By: GAB io� 1 I III III II II 1E7:1 ll I - III f' 1 I 17 I I I I(l ;I i - III 15.2' Issue Date: 03.26.12 f Sheet Title: :_ I III ��1 .1 III III 1 III 111 III f III 'I I II - I i�.- I I I I I I III !i= 1 1:2-1!1--_. II n .111 I I I! II fri I ' ni III 111 f DETAILS 12"DIA.X 5'CONCRETE BASEBALL FOOTING(TYPICAL) BACKSTOP DETAIL DOUBLE SWING GATE DETAIL NOT TO SCALE D3 NOT TO SCALE LtVmaOsd�o4aOa.2012.21280115-11...1 BaaOGI FxM Irs,,,aGSC.EcNsIDm ng Fhall2,Ufa BI.O28Dadg ALL EXISTING ITEMS AND CONDITIONS SHOULD BE VERFIED BY THE CONTRACTOR BEFORE CONSTRUCTION Sheet 12 Of 18 ic- --7 DESIGN LOADING TREAD&SEAT AREA 100psf UNIFORM LIVE LOAD. = o°° SEAT(VERTICAL)120lbs/If. I'°°v m SEAT(HORIZONTAL SWAY)241bs/If PARALLEL AND 07 Z, E a 1OIbs/If PERPENDICULAR TO SEAT. m `O ><. °s5rn HANDRAIL&GUARDRAIL 50 lbs/If IN ANY DIRECTION. e 3 o c HANDRAIL&GUARDRAIL 200 lbs CONCENTRATED IN ANY DIRECTION. N d E`m"i o m SNOW LOADS AS PER STATE ADOPTED CODE 1.m. E n m ` WIND LOADS AS PER STATE ADOPTED CODE C a-,m ISI w SEISMIC LOADS AS PER STATE ADOPTED CODE 9 GAUGE CHAINLINK �' = N s- JwN� FENCE(TYP) 1V- r. ANOD.ALUM. / �rr�%r%�♦ NOTES fi♦r♦► ;VOX ° RAIL(TYP) ;A:0Qiir♦� i♦♦ir,♦r:74i. V) lO ALL STRUCTURAL AND MISCELLANEOUS STEEL SHALL ii♦i�rp4��♦,44, ��I, �♦��♦r��.040 4"ALUMINUM JOINT COVER CONFORM TO THE FOLLOWING A.I.S.C.STANDARDS i♦i41k,:�r1.4.4r,11. ,♦,44,ror♦w•r,t iOj ♦ q♦♦ ♦ p♦♦ tor i ♦ ♦ ♦ p ♦r♦p ♦ ► ♦r ♦ ♦ ♦ 14' VJ PLATE UP TO 1/2"THICK=A36 i01* i♦ri�r♦i♦♦ir****rr♦*♦♦** irr♦%iir♦i*♦♦�ri PLATE U.N.O.=A572 GRADE 50 > ♦pV ty♦♦1.444•♦4♦4♦%ra.• 04.4...04... (1)2X10N INT.2000 ANGLE=A36/A36M GRADE 50 i N O ♦r♦♦ij 4•41i♦4 i♦♦•i♦i�ri44'4i ►i1,4i 4102: 1, Co ROW#5 ONLY u J iir♦i <o♦rr 4 ter..4 **4 441:!4:: ra44r:♦r�♦ri�°° a�f WIDE FLANGE=A992 Fy=50 ksi r1•�v ' ..�i .��.:�:.1..��411:4;x7, "44.4,10,7,♦ ; CHANNEL=A36/A36M GRADE 50 '47q e g Irr♦i, rititi:i•Qro�♦i4i�r♦4i Vi.r.! / ( s'' I O N ROD=A36/A529 GRADE 50 ♦♦♦ 4♦4 ►rripr::'�ir�i0♦rgr•►a i mil a O Z TUBE=A500 GRADE"B"46 ksi .♦4 p♦rQ�♦i .44,.�.,#...,4.4..,..-4.1, .1 , F• Il i>.�. _1 W N in r.O WELDS ARE ALL AROUND WITH TYPE ER70S-6 0•; ♦$♦♦�ig 'rOi♦♦t♦.� — `��I\y-— WIRE MIG. . ♦♦C*igl 1:_4r4I4Y / :�. '1,A, W ' ` Q Z O ALL STEEL TO BE HOT DIPPED GALVANIZED ► ?%•iIrrf' �! ' Cl)v w Q TO A.S.T.M. A-123-89 eel. ��!�• ® 32 �.. AND BACKSTOP WIPP" 2 W w O STRUCTURAL BOLTS ARE HOT DIPPED GALV.A �w' r , Q LL ARE EQUAL TO OR GREATER THAN A-307. V ` !'. <;' U V =GAL ANIZED L3X3X1/4 2 5 NO CONNECTIONS UTILIZING HIGH STRENGTH ' j• o N J o U O RAIL RISER(TYP) - t 11" - o �� L L. BOLTS ARE CLASSED AS SLIP CRITICAL. � �. �fI �. •' ,�.�,'. u1 � � 0 ANODIZED ALUMINUM RAIL IS 1 1/4"NOMINAL PIPE SIZE.(1 5/8"O.D.) TYPICAL SIDE RAILING .__-__ �.; :r.• D '® ^^ 7 SOUTHERN BLEACHER COMPANY AS A MANUFACTURER AND •p'.,t• € LL NOT TO SCALE � - O INSTALLER OF GRANDSTAND SEATING IS NOT AUTHORIZED N I •'s!..<.%••.~ TO CERTIFY PLANS AS ADA COMPLIANT.HOWEVER,TO THE I fi , '+••{ •. - f t BEST OF OUR KNOWLEDGE THESE PLANS MEET OR EXCEED I 32" I 2'-0" 8'-0" 1-7" 1" —f ADA REQUIREMENTS FOR QUANTITY OF ADA SEATING, r ACCESS/EGRESS TO ADA SEATING,&DISPERSAL OF ADA SEATING. /'�9 D GAP O IAA%1 0 SECTION VIEW U-J I- SCALE:1/2"=1'-0" CO z SEATING • AISLE AREA f`/nJ V J W ■I1•1IIC�IS1I1�5M� > M Cniima�lil�i[L o m 0N L K I J W Et N +_sDfD�e�f�s� E W ( 0- I �I�••• Gi•Jl�lsf�f H II F LL. co L K I '—m — - I • lIIIIIslMII ' U F. C D D E l lw F g Ct w B amnws�msmlulsiw�•i C D I hereby certify that this plan, D E specifications or report was prepared ■ A=2 X 12RS ANODIZED ALUMINUM SEAT by me or under my direct supery slon F and that I am a duly licensed B=MILL ALUMINUM SEAT BRACKET r_ Professional Engineer under the laws C=2 X 8 MILL ALUMINUM INTERLOCK 2000 TREAD-NOSE /I of the slate of Minnesota. I111IDf�Isl�llw D=2 X 8 MILL ALUMINUM INTERLOCK TREAD-DECK i'1 E=2 X 8 MILL ALUMINUM INTERLOCK ER( TREAD-HEEL (I"�_ t n F=1 X 81/2 DUR-KYN ALUMINUM FLAT RISER(RED) .,--;=II .a...e-C_ G=1 X 1 PAINTED ALUMINUM CONTRASTING NOSING(BLACK) -' Ii�l, Gregory A.Buchal,P.E. H=2 X 9 MILL ALUM.INTERLOCK HALFSTEP-DECK j�l IIS!`i` Date:03.26.12 Reg.No.:23793 J=2 X 7 MILL ALUM.INTERLOCK HALFSTEP-NOSE W/RISER f j '�i\a1 �®`' �^ K=4 1/2''MILL ALUMINUM HALFSTEP BRACKET \♦U L=4 1/2"ANODIZED ALUMINUM INTERLOCK STEP RISER • .' - Rev. Dae Descyrion M=6"DUR-KYN ALUMINUM BACKREST(RED) ir`ali i� - " :• ••. N=ANODIZED ALUMINUM BACKREST STANCHION ilic � .•'., •• f`''PLANK ARRANGEMENT o NOT TO SCALE 12"X32" � • :r ;- n ;,s / Project:: 12126016 Warlir ,II© Drawn By: KBK ;'�' I •" d•• Checked By: GAB f0 I` I A � '.�• r�'. ... • 1 Issue Date: 03.28.12 I t Sheet Title: 14'-9 1/2" t ROW#1 BLEACHER DETAILS Q ROW#6 SECTION VIEW SCALE:1/2"=1'-0" D4 BLEACHER PROFILE DETAIL M:Aigect Por9e S.2014\1412 fi1ne-R[MrtMnonoSi FAA IeE,,,rsma`C.DCig1,Dor inp FDea\12fi01fi O4SO5 trxp NOT TO SCALE ALL EXISTING ITEMa Afv0 CON0ITIONS 01,05108E VERIFIED BY TFIE CONTRACTOR BEFORE CONSTRUCTION Sheet 13 of 18 S ' U 28'-1 3/16' C1 o" e il N W V t a a = d _ Q d C p";jgj `PRESSBOX BUILDING d �' 1 \,9a a d d .a (BY OTHERS) ° .d d 9i�6 CO C N s: 5 a a E d d O pQ l''' \W. _MIMIIIIIMIIIIIIIIIIIIIIIIMI- / /% o - 4kr. ` ' q el d e d , , d d a d M . � � . • . o ° 48, 0 O z 4"ALUMINUM JOINT COT iEPR m ^ -6 LL. d BACKSTOP(TYP.) 19' J 0 0 2 0 U) W ® BLEACHER SEATING LAYOUT _ LLI NOT TO SCALE 253 TOTAL NET 18" SEATS -J w 81 TOTAL SEATING CAPACITY SPACES 0 W O 0 0 o e ® 261 0 • 4'-411/16" 6-0" 6'-0" 6'-0" 4'-411/16" w r a_ O \\\`b igrfr4.%' . * �y M 10'0"X 20'-0" U 1.1 1�� PRESSBOX BUILDING © bA (BY OTHERS) 0 a I hereby certify that this plan, © CT — — 60„ by me or under my direct supervision b - :_ __ ® and that I am a duty licensed 11="\ / Professional tat of MIneeso a. the laws of the state of Minnesota. f 0 Q by /' I I � 1 � � /�U—�u._�\ ;\K\i'413---1 / / Gregory A.Bu<---P.E. © _ __ O __ p, Date:03.28.12 Reg.NO.:23793 / \-111<1 \ / / Rev. Date Description 11 0r O , ...... / y, 0 \O \ i� 5 b / Project#: 12126016 / Drawn By: KBK / \ Checked By: GAB Issue Date: 03.26.12 \ GI ,..,. / Sheet Tole: �� BACKSTOP(TYP.) ' )96" BLEACHER \ / \ / DETAILS .\<, ,>i(. BLEACHER FOOTING LAYOUT D5 M.`P,gec01Pnweda-2012112126010-RaWe0 5000 1 Fe18 ImpeuementslC.DemstOrameg F4a1126018 DASD5 dwg NOT TO SCALE ALL EXISTING ITEMS AND CONDITIONS SHOULD BE VERIFIED BY THE CONTRACTOR BEFORE CONSTRUCTION Sheet 14 of 16 0.3 0.2 0.1 0,1 0.1 0, 0.4 0.2 C.1 0.1 01 rZi 015 0.2 0.2 0.1 OI; 0.7 0.3 0� O.S S IIi 9.1 7001 Harriet Ave S - CUP 2012 1 Surrounding Zoning 1 1 I R i R R R R R �� R R R R R R R R R R R R $ R R R R R R LO R R ch R R R R R R R R R R 70TH STREET j R R R R R R NI R R R . R R R R R R R R , R R w R R Q H R R R R E R R Q R I R R R R R R R R R R R g I I R R BALL FIELD R R _ R _ R 72ND STREET R R R R R R R R R R R R R R R R R R R R R R R 0 R R R R R R R R R R R R R R R R R - R N R= Residential 0 125 250 500 750 1,000 Feet I:\GIS\Community Development\Staff\Melissa\Projects\Zoning Cases\7001 Harriet Zoning 2012.mxd 1 8 - i ) 7001 Harriet Ave S - CUP 2012 1 Surrounding Comp. Plan Designations i' i LDR PUB LDR LDR LDR LDR /r\----- LDR LDR Li LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR R M LDR LDR LDR LDR LDR LDR LDR LDR LDR In 70TH STREET LDR LDR LDRLDR LDR LDR 1 IN LDR LDR si LDR ■ LDR LDR LDR LDR LDR LDR LDR LDR , LDR LDR w LDR LDR Q I-W SCH PRK LDR LDR ET LDR LDR Q I LDR LDR I LDR _ LDR LDR I RK LDR LDR LDR LDR LDR LDR LDR LDR 11 B LDR LDR I BALL FIELD LDR LDR 72ND STREET LDR LDR LDR LDR LDR LDR LDR LDR E, LDR LDR LDR LDR LDR LDR LDR LDR LDR DR LDR LDR LDR LDR ra L LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR R LDR LDR LDR LDR LDR �' N A . , LDR-Low Density Residential 0 125 250 500 750 1,000 PRK-Park Feet SCH-School I:\GIS\Community Development\Staff\Melissa\Projects\Zoning Cases\7001 Harriet CP 2012.mxd AGENDA SECTION: RESOLUTIONS AGENDA ITEM# 9 REPORT# 164 STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 11, 2012 REPORT PREPARED BY: CHRIS REGIS,FINANCE MANAGER Naves,TITLE DEPARTMENT DIRECTOR - REVIEW: _�� -- yr_ REVIEWED BY CITY MANAGER: �� / / ITEM FOR COUNCIL CONSIDERATION: Consideration of 2012 Revised/2013 Proposed Budget resolutions adopting 2013 preliminary property tax levy, setting truth in taxation hearing date, authorizing budget revisions, and authorizing revision of 2012 budget of various departments. I. RECOMMENDED ACTION: By motion: Adopt the attached resolutions establishing the 2013 preliminary property tax levy and proposed date for the Truth in Taxation hearing, authorizing budget revisions, and authorizing revision of 2012 budget of various departments. II. BACKGROUND On September 5, 2012, a special City Council meeting was held for the purpose of presenting and discussing the 2012 Revised/2013 Proposed Budget and 2013 preliminary property tax levy. Consequently, as a result of this meeting the City of Richfield's preliminary gross tax levy is currently set at $17,744,951 which includes a levy for general fund operations of$14,687,755, a debt service levy of$2,047,557 a tax abatement levy of$309,639, and an equipment and technology levy of$700,000. The 2013 preliminary gross levy represents a 4.50% increase from the 2012 gross levy. III. BASIS OF RECOMMENDATION A. POLICY • The City Charter establishes that at a special budget meeting of the Council on or before September 15, the City Manager must submit to the Council a proposed budget and a budget message in the form and containing the information specified in Section 7.06. This follows the Truth in Taxation Statute, which in the past overrode the Charter process for budget adoption. • Consequently, as required by the Truth in Taxation legislation (MS 275.065) each "taxing authority" must certify its proposed property tax levy for payable year 2013 to the County Auditor on or before September 15, 2012. "Taxing authority" includes all counties, all school districts, all cities regardless of population, all towns and all special taxing districts. No local units of government are exempted from this requirement. • In addition, each "taxing authority" with a population of 500 or more, must certify to their County Auditor the date that has been selected for the Truth in Taxation hearing by September 15, 2012. This Truth in Taxation public hearing must be held between November 25 and December 28, 2012 and must occur after 6:00 p.m. B. CRITICAL ISSUES • Along with the 2012 Revised/2013 Proposed budget and preliminary property tax levy, City staff is also recommending a date for this year's Truth in Taxation public hearing. It is recommended that this year's hearing be set for 7:00 p.m. Tuesday, December 4, 2012. As Council Members are aware, at these public hearings, the tax levy may be reduced from the preliminary tax levy, but not increased. • All official action concerning the preliminary tax levy and setting dates for the Truth in Taxation hearings must be concluded before September 15, 2012. C. FINANCIAL • The preliminary gross levy for taxes payable 2013 is $17,744,951. • The City's tax capacity rate will increase from 60.806% in 2012 to 64.001% in 2013. • Included in the 2013 preliminary gross levy is a levy to fund the purchase of rolling stock and technology equipment of $700,000. This levy is in place of the issuance of debt to fund these purchases. • A final resolution for consideration authorizes the revision of the 2012 budget to conform to the most recent 2012 revenue and expenditure projections. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The City Council could adopt a lesser 2013 preliminary property tax levy or 2012 Revised/2013 Proposed budget or select other allowable Truth in Taxation hearing dates. V. ATTACHMENTS • Resolution Adopting a Proposed Budget and Tax Levy for the Year 2013 • Resolution Authorizing Budget Revisions • Resolution Authorizing Revision of 2012 Budget of Various Departments VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2013 WHEREAS, the Minnesota Truth in Taxation law provides for a proposed tax levy to be certified to the County Auditor by September 15, 2012 and then recertified before December 31, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The budget for the City of Richfield for the year 2013 is hereby approved and adopted with appropriations for each of the departments to be as follows: General Fund Legislative/Executive $ 738,050 Administrative Services 1,168,270 Public Safety 8,095,470 Fire Services 3,568,360 Community Development 1,194,600 Public Works 4,175,300 Recreation Services 1,636,970 TOTAL GENERAL FUND $20,577,020 2. The estimated gross revenue of the City of Richfield from all sources, including general ad valorem tax levies as hereinafter set forth for the year 2013 which are more fully detailed in the City Manager's official copy of the 2013 budget, are hereby found and determined to be as follows: TOTAL GENERAL FUND $20,577,020 3. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2012, payable in 2013 for the following purposes and in the following amounts: PURPOSE AMOUNT General Fund $14,687,7552 Equipment 700,000 Debt Service 2,047,557 Cedar Point Tax Abatement 309,639 1 Provision has been made in the General Fund for the payment of the City's contributory share to Public Employees' Retirement Association. 2 General Fund Levy includes all fiscal disparities distribution amounts. 4. The budget for the Housing and Redevelopment Authority of Richfield for the year 2013 is hereby ratified and approved. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2012, payable in 2013 for the following purposes: PURPOSE AMOUNT Housing and Redevelopment Authority $456,617 5. A certified copy of this resolution shall be transmitted to the County Auditor. 6. The Truth in Taxation public hearing shall be set for 7:00 p.m. December 4, 2012. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of September 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 9 - 3 RESOLUTION NO. RESOLUTION AUTHORIZING BUDGET REVISIONS WHEREAS, the City Charter and Minnesota Statutes provide for a process for adopting an annual budget and tax levy; and WHEREAS, the City Charter provides certain authority for the City Manager and/or City Council to revise the annual budget; and WHEREAS, it would be beneficial to restate such authority with the adoption of the budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The City Manager may increase the budget by City Council action provided that unbudgeted receipts will be available to equal or exceed the increased expenditures. 2. The City Manager may authorize transfers between divisions within a department providing the transfers do not increase or decrease the department or total budget. 3. The City Manager may transfer budgeted amounts between departments only with the approval of the City Council. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of September, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk c _� RESOLUTION NO. RESOLUTION AUTHORIZING REVISION OF 2012 BUDGET OF VARIOUS DEPARTMENTS WHEREAS, Resolution No. 10587 appropriated funds for personal services, other expenses and capital outlays for each department of the City for the year of 2012; and WHEREAS, The City Charter, Chapter 7, Section 7.09, gives the Council authority to transfer unencumbered appropriation balances from one department to another within the same fund at the request of the City Manager; and WHEREAS, The City Manager has requested a revision of the 2012 budget appropriations in accordance with Charter provisions and as detailed in the Proposed 2013 budget document. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the 2012 appropriations for each department of the General Fund be amended to establish the following totals: General Fund Legislative/Executive $ 748,550 Administrative Services 1,131,250 Public Safety 7,873,870 Fire Services 3,481,410 Community Development 1,159,000 Public Works 4,085,920 Recreation Services 1,593,860 TOTAL GENERAL FUND $20,073,860 INCREASE $ 121,330 2. Estimated 2012 gross revenue of the City of Richfield from all sources, as the same are more fully detailed in the City Manager's official copy of the proposed 2013 budget, are hereby revised as follows: INCREASE $121,330 3. That the City Manager and the Finance Manager bring into effect the provisions of this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of September 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk