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112712completeagenda CITY OF RICHFIELD, MINNESOTA TUESDAY, NOVEMBER 27, 2012 RICHFIELD MUNICIPAL CENTER 6700 PORTLAND AVENUE REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of(1) Special City Council Worksession of November 13, 2012 and (2) Regular City Council Meeting of November 13, 2012 PRESENTATION 1. Swearing-in of City of Richfield Police Officers: David Mast; Kevin Blanchard; Erin Hoium; and Cassie Sisson 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 first reading of ordinance amending Richfield City Code Appendix D (Fee Schedule) and scheduling public hearing and second reading for December 11, 2012 S.R. No. 202 B. Consideration of approval of amendment to site lease agreement at 6355 Penn Avenue between City of Richfield and Sprint Spectrum Realty Company, LP S(successor-in-interest to Sprint Spectrum LP) regarding location of antenna system .R. No. 203 C. Consideration of approval of continuing agreement with City of Bloomington for provision of public health services for City of Richfield for 2013 S.R. No. 204 D. Consideration of approval of 2013 contract with City of Bloomington using federal grant funds to provide services in area of public health emergency preparedness/bioterrorism and development of response system S.R. No. 205 Notes: 5. Consideration of item(s), if any, removed from Consent Calendar Notes: PROPOSED ORDINANCE 6. Consideration of second reading of ordinance amending Richfield City Code Subsection 507.07, Subdivision 53 related to definition of building height Staff Report No. 206 Notes: CITY MANAGER'S REPORT 7. City Manager's Report Notes: 8. 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: 9. 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 COUNCIL MINUTES Richfield, Minnesota ge:641;eedSpecial City Council Worksession November 13, 2012 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:00 p.m. in the Bartholomew Conference Room. ROLL CALL Council Members Debbie Goettel, Mayor; Tom Fitzhenry; Pat Elliott; Fred Wroge; and Present: Sue Sandahl Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Todd Sandell, Public Safety Director; Chris Regis, Finance Manager; Pam Dmytrenko, Assistant City Manager; Betsy Osborn, Health Administrator; Charlie O'Brien, Code Compliance Specialist; Robert Hintgen, Utilities Superintendent; and Cheryl Krumholz, Executive Coordinator Item #1 DISCUSSION REGARDING 2012 REVISED AND 2013 PROPOSED UTILITIES BUDGETS AND REVIEW OF STREET LIGHT USER FEE (COUNCIL MEMO NO. 119) Mike Eastling, Public Works Director, made a presentation on the 2013 water, wastewater and stormwater utilities budget and street light user fee to determine rates for City Council action on December 11, 2012. The City Council consensus was to increase the street light user fee to cover actual electrical costs. Item #2 DISCUSSION REGARDING INSPECTION OPTIONS FOR ENVIRONMENTAL HEALTH CODE ENFORCEMENT PROGRAM (COUNCIL MEMO NO. 120) Todd Sandell, Public Safety Director, and Betsy Osborn, Health Administrator, reviewed options and accompanying costs in response to staffing for potential continuation of a neighborhood inspection program. The City Council consensus was to consider a third Community Service Officer (CSO) position to be hired in April 2013 and then the program reassessed in a year. ADJOURNMENT Special Worksession Minutes -2- November 13, 2012 The meeting was adjourned by unanimous consent at 6:57 p.m. Date Approved: November 27, 2012 Debbie Goettel • Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MEETING MINUTES #eed Richfield, Minnesota gedh Regular Meeting November 13, 2012 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:03 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Pat Elliott; Fred Wroge; Tom Fitzhenry; and Sue Sandahl. Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Mike Eastling, Public Works Director; Todd Sandell, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Chris Regis, Finance Manager; Nancy Gibbs, City Clerk; 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/Sandahl to approve the minutes of (1) Special City Council Meeting of October 23, 2012; (2) Special City Council Worksession of October 23, 2012; (3) Regular City Council Meeting of October 23, 2012; and (4) Special City Council/HRA/Planninq Commission Meeting of November 1, 2012. Motion carried 5-0. Council Meeting Minutes -2- November 13,2012 Item #1 ANNUAL MEETING WITH PLANNING COMMISSION Rick Jabs, Chair, presented the commission report. Item #2 COUNCIL DISCUSSION • CANCELLATION OF WEDNESDAY, DECEMBER 26, 2012 REGULAR CITY COUNCIL MEETING • HATS OFF TO HOMETOWN HITS M/Goettel, S/Elliott to cancel the Wednesday, December 26, 2012 Regular City Council Meeting. Motion carried 5-0. Council Member Fitzhenry reported on the successful Beyond the Yellow Ribbon event on Veterans' Day at the All Veterans Memorial. Council Member Fitzhenry provided an update on the change in aircraft departure routes and its impact on Richfield. Council Member Sandahl acknowledged the Transportation Commission's letter commending the assistance of City staff, specifically Jeff Pearson, Transportation Engineer. Council Member Sandahl acknowledged the Veterans' Day ceremony at the STEM school. Council Member Wroge announced this was his last City Council meeting as a Council Member. He thanked the City Council, City staff and the residents. Mayor Goettel discussed the recent open house at the Adler Graduate School. Mayor Goettel stated that she will review her schedule to determine if she is able to attend the upcoming National League of Cities Conference. Item #3 COUNCIL APPROVAL OF AGENDA MNWroge, S/Sandahl to approve the agenda. Motion carried 5-0. Item #4 CONSENT CALENDAR A. Consideration of approval of first reading of ordinance amending Richfield City Code Subsection 507.07, Subdivision 53 related to definition of building height S.R. No. 191 B. Consideration of approval of resolution determining results of City General Election on Tuesday, November 6, 2012 S.R. No. 192 RESOLUTION NO. 10713 Council Meeting Minutes -3- November 13,2012 RESOLUTION DETERMINING RESULTS OF THE GENERAL ELECTION OF THE CITY OF RICHFIELD HELD ON TUESDAY, NOVEMBER 6, 2012 This resolution appears as Resolution No. 10713. C. Consideration of approval of amendment to site lease agreement at 7401 Logan Avenue location between City of Richfield and Sprint Spectrum Realty Company, LP (successor-in- interest to Sprint Spectrum LP) regarding location of antenna system S.R. No. 193 D. Consideration of approval of continuing agreement for 2013 with Hennepin County Human Services and Public Health Department and City of Richfield Public Safety/Police for Police Cadet position and Hennepin County Joint Community Police Partnership (JCCP) training and accepting funds S.R. No. 194 E. Consideration of approval of resolution granting site plan amendment allowing construction of 900 square foot building addition at 609 74th Street West S.R. No. 195 RESOLUTION NO. 10714 RESOLUTION GRANTING APPROVAL OF A SITE PLAN AMENDMENT FOR 609 74TH STREET WEST This resolution appears as Resolution No. 10714. F. Consideration of approval of scheduling public hearing on December 11, 2012 for renewal of 2013 pawnbroker and secondhand goods dealer licenses for Metro Pawn and Gun, Inc. and University Cash Company, LLC, d/b/a Avi's Pawn and Jewelry S.R. No. 196 G. Consideration of approval of scheduling public hearing on December 11, 2012 for renewal of 2013 on-sale wine and on-sale 3.2 percent malt liquor licenses for Red Pepper Chinese Restaurant, Thompson's Fireside Pizza, Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill; Patrick's Bakery & Café; Lariat Lanes; The Noodle Shop-Colorado, Inc. d/b/a Noodles and Company and Joy's Pattaya Thai Restaurant S.R. No. 197 H. Consideration of approval of scheduling public hearing on December 11, 2012 for renewal of 2013 on-sale intoxicating and Sunday liquor licenses for Khan's Mongolian Barbeque; Champps Operating Corporation d/b/a Champp's Restaurant; Minneapolis-Richfield American Legion Post 435; Fred Babcock VFW Post No. 5555 d/b/a Four Nickels Food and Drink; Don Pablo's Operating Corporation d/b/a Don Pablo's; Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar; The Frenchmans; El Tejaban Mex. Grill d/b/a El Tejaban; Pizza Luce VII, Inc; and Financial Guidance d/b/a Four Points by Sheraton S.R. No. 198 I. Consideration of approval of setting public hearing on December 4, 2012 regarding continuing street light user fee S.R. No. 199 J. Consideration of approval of resolution authorizing Department of Public Safety/Police acceptance of$10,000 Next Generation 911 (NG911) grant from the State of Minnesota S.R. No. 200 RESOLUTION NO. 10715 RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT THE NG911 GRANT FROM THE STATE OF MINNESOTA This resolution appears as Resolution No. 10715. M/Goettel, S/Fitzhenry to approve the Consent Calendar. Motion carried 5-0. Council Meeting Minutes -4- November 13,2012 Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item #6 CONSIDERATION OF PRELIMINARY REQUEST FOR COMMUNITY CELEBRATION EVENT LICENSE AND TEMPORARY ON-SALE INTOXICATING LIQUOR LICENSE WITH REQUEST FOR FEE WAIVER FOR FOURTH OF JULY COMMITTEE FOR EVENTS SCHEDULED AT VETERANS MEMORIAL PARK, JULY 1 THROUGH JULY 5, 2013 S.R. NO. 201 Mayor Goettel presented Staff Report No. 201. Mayor Goettel stated the Fourth of July Committee is a separate entity from the City. The City has regulatory authority for issuance of permits and licenses. M/Goettel S/Wroge to approve a community celebration event license and a temporary on- sale intoxicating liquor license, with a fee waiver, for the Fourth of July Committee for the annual events scheduled to take place July 1-5, 2013, provided that a carnival is omitted from the list of planned activities for the event and pending submittal of all food vendors license applications, fire permit application, electric permit application, require insurance certificates and payment of temporary liquor license fee. Council Member Wroge expressed support for omitting the carnival due to concerns for public safety. He added that he would like the City's General Fund to include funds to cover the three-year average of carnival proceeds to assist with the financial impacts on the Fourth of July Committee. Council Member Fitzhenry stated support for omitting the carnival and clarified that the other July 4 events are not ending. He expressed concern that carnival went from a City event to a regional event. Ben Smith, Fourth of July Committee Vice President, stated that after the City Council's action this evening, more discussion regarding possible alternatives will be allowed. Council Member Elliott stated after review of the Magic Midway contract, there should be no issue with not allowing the carnival. Motion carried 5-0. Item #7 CITY MANAGER'S REPORT None. Item #8 CLAIMS AND PAYROLLS MNVroge, S/Sandahl that the following claims and payrolls be approved: Council Meeting Minutes -5- November 13,2012 U.S. Bank 11/13/12 A/P Checks: 217335-217808 $ 1,351,633.60 Payroll: 87836-88485 $ 1,092,478.80 TOTAL $ 2,444,112.40 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 7:49 p.m. Date Approved: November 27, 2012 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 4A REPORT# 202 STAFF REPORT RICHFIELD CITY COUNCIL MEETING NOVEMBER 27, 2012 REPORT PREPARED BY: JOHN STARK, COMMUNITY DEVELOP NT DIRECTOR / AL NAME,TITLE DEPARTMENT DIRECTOR REVIEW: ® �� SIGNATURE REVIEWED BY CITY MANAGER: ] ITEM FOR COUNCIL CONSIDERATION: Consider an ordinance amendment to Richfield City Code Appendix D (Fee Schedule) and schedule a public hearing and second reading for December 11, 2012. I. RECOMMENDED ACTION: By Motion: 1) Approve first reading of the attached ordinance amendment to Richfield City Code Appendix D (Fee Schedule). 2) Schedule a public hearing and second reading for December 11, 2012. II. BACKGROUND City staff conducts an annual review of Richfield's City Code Appendix D, which establishes certain fees related to Building Permits and Fees, Land Use Application Fees and Fire Services Fees. The intent is to ensure that fees charged for City services reflect actual staff costs incurred in providing those services without being onerous or excessive. Staff is recommending that fees be added for: • Issuance of a Temporary Certificate of Occupancy, and; • Extension of Land Use Approvals. A fair amount of staff time is incurred in granting the issuance of a Temporary Certificate of Occupancy. This time is spent ensuring that essential life-safety items 11272012 Ordinance Fees are addressed before allowing a building to be temporarily occupied and in developing a punch list of outstanding items and monitoring completion of those items. The proposed fee is $200 plus a letter of credit or cash escrow equal to 125% of the remaining City Code requirements. In the event that a property or business owner obtains a land use approval but does not actually begin work on their project before that approval expires (typically 1 year following City Council or similar action), staff must bring the approval back to policy makers for an extension. There is staff time involved in researching any changes in law, policy or proposal that have occurred since the original approval and in writing staff reports and attending meetings related to the extension. The proposed Land Use Extension Fee is $125. Staff is suggesting that the existing Variance Extension Fee ($75) be eliminated and that the newly proposed fee apply to Variances as well as other Land Use Approval Extensions. There are no other proposed fee revisions being proposed for Appendix D. III. BASIS OF RECOMMENDATION A. POLICY • City staff works hard to provide excellent customer service to residents and potential developers. • Fees should be sufficient to cover the costs of providing permit-based services without being onerous or excessive. • Minnesota Statutes, Section 462.353 requires that certain fees be established by ordinance. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • The City attempts to establish fees that appropriately reflect the City's costs of administering the permit or application for which the fee is charged. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • Approve a first reading of the ordinance with changes. • Reject the approved ordinance. V. ATTACHMENTS • Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX D TO THE RICHFIELD CITY CODE; ESTABLISHING A FEE SCHEDULE FOR CERTAIN PERMITS AND APPLICATIONS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background 1.01 Appendix D to the Richfield City Code consists of the schedule of fees adopted by the City Council, including those adopted by resolution and those adopted by Ordinance. 1.02 Minnesota Statutes, Section 462.353 requires that certain fees be adopted by Ordinance. The City Council has previously established certain fees by Transitory Ordinance No. . The City Council has established other fees by resolution, which resolution is also part of Appendix D. 1.03 The City Council has determined the need to update the schedule of fees under Transitory Ordinance No. _ Section 2. Fee Schedule Adopted 2.01 The fees set forth in the attached Exhibit A are hereby adopted by Ordinance. 2.02 The fees adopted at Section 2.01 of this Ordinance shall be amended only by Ordinance. Any fees established by resolution, other than those adopted at Section 2.01 of this Ordinance, may be amended from time to time by resolution of the City Council. Section 3. Effective date; codification. 3.01 This Ordinance is effective in accordance with Section 3.09 of the City Charter. 3.02 A copy of this Ordinance shall be included in Appendix D to the Richfield City Code, immediately prior to the resolution establishing fees. 3.03 This Ordinance supersedes Transitory Ordinance No. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of December, 2012. • Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk EXHIBIT A CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES A. Investigation Fees: Work without a Permit: Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. Fee. An investigation fee, in addition to the permit fee,shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in Section 2. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. B. Permit fee refunds: The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permitted not later than 180 days after the date of fee payment. TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (a) Inspections outside of normal business hours $60.00 (minimum charge-two hours) per hour (b) Reinspection fees $60.00 (minimum charge $35.00) per hour (c) Inspections for which no fee is specifically $60.00 indicated (minimum charge-one-half hour) per hour (d) Additional plan review required by changes, $60.00 additions or revision to plans(minimum charge- per hour two hours) (e) Fee to reissue building inspection record card $35.00 *Or the total hourly cost to the jurisdiction,whichever is the greatest.This cost shall include supervision, overhead,equipment,hourly wages and fringe benefits of the employee involved. (1) Building Permits 400.03-400.09 $1 to $500 $35.00 (includes one inspection) Each additional inspection $35.00 $501 to $2,000 $25.00 for the first $500 plus $3.25 each additional$100, or fraction thereof, to and including $2,000 with a minimum fee of $35.00. $2,001 to $25,000 $73.50 for the first$2,000 plus $14.75 for each additional$1,000, or fraction thereof, to and including$25,000. $25,001 to $50,000 $415.75 for the first$25,000 plus$10.75 for each additional$1,000, or fraction thereof,to and including$50,000. BOLD represents added/amended fees A-1 L R-3 TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING $50,001 to $100,000 $682.50 for the first$50,000 plus$7.50 for each additional$1,000, or fraction thereof, _ to and including$100,000. $100,001 to$500,000 $1,053.50 for the first$100,000 plus$6.00 for each additional $1,000, or fraction thereof,to and including$500,000. $500,001 to $1,000,000 $3,427.75 for the first$500,000 plus$5.00 for each additional $1,000, or fraction thereof,to and including$1,000,000. 1,000,001 and up $5,945.25 for the first $1,000,000 plus $4.00 for each additional $1,000, or fraction thereof. (2) Driveway,Parking 515.05 (no permit fee for sidewalks) $ 35.00 Area Permits (3) Swimming 420.00 Permanent or portable pools are based on building permit fees with a minimum of $ 35.00 (4) Plan Review Fee 400.03-400.09 35% of building permit fee for one and two family dwelling detached garages and basement remodels 65% of building permit fee for all other building permits, except no fee for the following: (a) Existing single family dwelling minor nonstructural alterations. (b) Single and two family dwelling repair and maintenance work. (c) Commercial and industrial repair and maintenance work not exceeding $1,000 or where plans are not required. Plan review fee for Maximum 25% of permit fee based on Minnesota State Building Code similar buildings 1300.0160 (5) Contractors License Charged once each time a contractor applies for $ 5.00 Verification Fee permit(s) (6) Moving- 845 Moving Permit Fee $ 50.00 Buildings (7) Structure Demolition 400.00-400.09 (a) Commercial Demolition cost as per Building Permit Schedule with a minimum of $ 50.00 (b) Dwelling One or two story $ 50.00 Residential-Garage and lesser structure $ 35.00 BOLD represents added/amended fees A-2 Lip TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (8) Plumbing Permit 400.03-400.09 Residential Minimum Fee 2%of Total Job cost with a minimum of $ 35.00 (includes one inspection) Each additional inspection $ 35.00 (9) Plumbing Permit 400.03-400.09 Commercial/Industrial/Multi-family Based on Total Job cost 2%of Estimated Job cost with a minimum of $ 45.00 (includes one inspection) Each additional inspection $ 35.00 Plan Review 10%of permit fee when the job cost exceeds $50,000 (10) Electrical Permit 400.03-.400.09 Residential (a) Minimum Fee which includes one inspection $ 35.00 (b) Each additional Inspection $ 35.00 (c) Complete Wiring Fee: $ 150.00 Single Family Dwelling and each dwelling unit of a two family dwelling and includes not more than three inspections. (d) New Service-up to 200 amps $ 55.00 (e) Temporary Service-(for construction) $ 45.00 (0 Installation, addition alteration, or repair of each circuit or feeder $ 8.00 (g) Swimming pool or exterior hot tub $ 55.00 (11) Electrical Permit 400.03-400.09 Commercial, Industrial and multiple dwellings Commercial (more than two units)and Technology systems:Minimum Fee which includes one inspection $ 45.00 Each additional inspection $ 35.00 (a) Based on total job cost - 2%of estimated job cost with a minimum of $ 45.00 - Over$50,000 - Fee/$1,000.00 plus 1 1/2% of cost over $50,000.00 (b) Traffic Signals: Per Intersection $ 185.00 (c) Fire Alarm: Based on 3/4% of cost of electrical job to customer with a minimum of $ 45.00 (d) Carnivals,festivals and similar events plus$35.00 for each service on generator $ 110.00 (12) Electrical Permit 400.03-400.09 Based on 2% of cost of electrical job to customer with a Signs minimum of $ 45.00 (separate electrical permit required for signs) (13)Residential 400.03-400.09 Central Systems and Additions,Alterations and Repairs Heating, 1 1/2%estimated cost with a minimum of $ 35.00 Ventilating,Air (Includes one inspection) Conditioning and Each additional inspection $ 35.00 Refrigeration Commercial $ 45.00 Heating, Central Systems and Additions,Alterations and Repairs Ventilating,Air 1 1/2%estimated cost with a minimum of Conditioning and Refrigeration Plan Review of 10%of permit fee when the job cost exceeds $50,000. (14)Sign Installation 415.01-415.11 (a) Temporary sign permit $ 35.00 (b) Permanent sign (any size) $ 100.00 Building permit is required for sign support structures Fees based on building permit fee schedule BOLD represents added/amended fees A-3 TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (15)Temporary 400 A temporary Certificate of Occupancy may be issued $200.00 plus a Certificate of before completion of the entire work covered by the letter of credit or Occupancy permit, provided the Chief Building Official deems that cash escrow the building is safe to occupy. equal to 125%of the remaining City Code requirements ZONING, LAND USE AND RELATED CHARGES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (1) Planned Unit 542 (a) $500 plus$5/$1,000 of project value up to a Development maximum fee of $ 3,500.00 (b) PUD Plan Amendment fee-major $ 550.00 (c) PUD Plan Amendment fee-minor $ 350.00 (2) Site Plan Review 547 (a) $500 plus$.50/$1,000 of project value to a maximum fee of $ 3,500.00 (b) Major amendment $ 50b.00 (c) Minor amendment $ 350.00 (3) Variance 547 Residential $ 250.00 Non Residential $ 450.00 Extension $-- Variance Appeal Residential and Non Residential $ 150.00 (4) Conditional Use 547 (a) $500 + $.50/$1,000 of project value to a maximum Permit fee of $ 3,500.00 (b) Major amendment $ 500.00 (c) Minor amendment $ 350.00 (5) Interim Use Permit 547 $ 500.00 (6) *Zoning District 547 $ 500.00 Change (7) *Subdivision Approval 500.01-500.05 $ 500.00 Subdivision Waiver 500.05-Subd.2 _ $ 350.00 (8) Street Vacation 820 $ 350.00 (9) Appeal to Board of 547 $ 350.00 Adj.&Appeals (10)Special Request to $ 350.00 City Council (11)Zoning Compliance $ 50.00 Letter (12)Comprehensive Plan $ 600.00 Amend. (13) Plat:preliminary& $ 500.00 final (14)Sketch Plan Review $ 250.00 (15)Extension Extension of a Land Use Approval (rezoning, site $ 125.00 plan approval, conditional use permit,variance,etc.) beyond its original approval period. *Any additional expense of notification necessitated by applicants request for continuance will be charged to the applicant. BOLD represents added/amended fees A-4 FIRE SERVICES FEES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (6) Fire Extinguishing Based on Building Permit fee schedule with a System Permit minimum of: $ 50.00 Plan review fee: 65% of building permit fee, except no fee for the following: (a)no charge for valuation of$1,000 or less (7) Fire Alarm Systems Based on Building Permit fee schedule with a minimum of: $ 50.00 Plan review fee: 65% of building permit fee, except no fee for the following: (a)no charge for valuation of$1,000 or less (8) Flammable or Tanks(installation or modification $ 150.00 Combustible Liquid or Gas Storage Installation or alteration of piping Tanks Each unit or dispenser $ 50.00 and Piping Underground Tank Removal $ 100.00/Tank MISCELLANEOUS FEES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (3) Antenna 426 (a)CWTS antenna permit application fee $ 100.00 Commercial Wireless ,(b)Antenna permit fee for additional antennas added to $ 35.00 Telecommunication an existing antenna location Service(CWTS) BOLD represents added/amended fees A-5 AGENDA SECTION: CONSENT AGENDA ITEM# 4B REPORT# 203 STAFF REPORT RICHFIELD CITY COUNCIL MEETING NOVEMBER 27, 2012 REPORT PREPARED BY: CHRIS REGIS,FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � REVIEWED BY CITY ® ' ` MANAGER: ITEM FOR COUNCIL CONSIDERATION: Approval by motion an amendment to the Site Lease Agreement at 6355 Penn Avenue South between the City of Richfield and Sprint Spectrum Realty Company, LP (successor-in-interest to Sprint Spectrum LP) with regard to the location of an antenna system. I. RECOMMENDED ACTION: By Motion: Approve the amendment to the Site Lease Agreement at the 6355 Penn Avenue South location between the City of Richfield and Sprint Spectrum Realty Company, LP (successor-in-interest to Sprint Spectrum LP). II. BACKGROUND On July 27, 2005, the City of Richfield entered into a Site Lease Agreement with Sprint Spectrum LP (Tenant) at the 6355 Penn Avenue South location. The original Site Lease Agreement allowed the Tenant to erect a cellular telephone antenna system on the City water tower located at the 6355 Penn Avenue South location. The Site Lease Agreement allowed the Tenant to erect a maximum of six cellular telephone antennas on the Penn Avenue water tower, which is the current number of antennas installed. The Tenant now desires to modify its installation on the site by upgrading its antennas, equipment, and equipment shelter. As part of the upgrade, the Tenant will need to add, on a temporary basis of no longer than twelve months, three additional antennas, bringing the total number of antennas on the Penn Avenue 1127Sprint Penn Tower water tower to nine. As a result of the three additional antennas, an amendment to the original Site Lease Agreement is warranted. Consequently, at the end of the upgrade process, the Tenant will remove the original six antennas bringing the total number of antennas on the Penn Avenue water tower down to three. III. BASIS OF RECOMMENDATION A. POLICY • The Tenant has completed the required permitting process for site modification. B. CRITICAL TINTING ISSUES • N/A C. FINANCIAL • Any costs incurred in the upgrade of the facility will be borne by Sprint Spectrum Realty Company. • As part of the amendment, the annual rent will be increased to be $27,400.00 beginning 2013. D. LEGAL • The City Attorney has reviewed the amendment to the Site Lease Agreement. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • None. V. ATTACHMENTS • Amendment to the Site Lease Agreement. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. qfri FIRST AMENDMENT TO SITE LEASE AGREEMENT BETWEEN THE CITY OF RICHFIELD AND SPRINT SPECTRUM LP This First Amendment to Site Lease Agreement ("First Amendment") is made and entered effective the day of , 2012, by and between City of Richfield, a Minnesota municipal corporation ("Landlord"), whose address is 6700 Portland Avenue South, Richfield, Minnesota 55423, and Sprint Spectrum Realty Company, LP, a Delaware limited partnership, successor-in-interest to Sprint Spectrum L.P., a Delaware limited partnership ("Tenant"), whose address is Sprint Nextel Property Service, 6391 Sprint Parkway, Mailstop KSOPHT0101-Z2650, Overland Park, KS 66251-2650. RECITALS A. Landlord and Tenant's predecessor-in-interest Sprint Spectrum L.P., entered into a Site Lease Agreement dated July 27, 2005 ("Lease"); B. The Lease permits Tenant to install certain facilities on and adjacent to the water tower located at 6355 Penn Avenue South, County of Hennepin, State of Minnesota ("Structure"); C. As of the date of this First Amendment, the antennas, equipment, equipment shelter and other facilities that Tenant is permitted to install and maintain on the Structure and Leased Premises is described and depicted in Exhibit B to the Lease; D. Landlord and Tenant mutually desire to amend certain terms of the Lease to: (i) authorize modifications to the antennas, equipment, and other facilities as depicted and described herein, and; (ii)provide for an increase in the rent payable to Landlord. AGREEMENT NOW, THEREFORE, in consideration of the facts contained in the Recitals above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Leased Premises. The Lease is hereby amended by the replacement of Exhibit B with Exhibit B-1 attached hereto. All references to "Exhibit B" in the Lease shall be replaced with "Exhibit B-1." Upon full execution of this First Amendment, Tenant is permitted to do all work necessary to install or otherwise modify the Antenna Facilities as described and contemplated in Exhibit B-1. 2. Rent. The annual rent beginning in 2013 shall be Twenty Seven Thousand Dollars ($27,400.00), which amount includes the annual increase set forth in Section 2(a) of the Lease. Rental payments are due on or before each January 1, partial years to be pro-rated. Paragraph 2(a) of the Lease is amended accordingly. 408036 RJV RC145-2 Lfb- a, 3. Governmental Approval Contingency. Paragraph 5 (Tenant's Use) of the Lease is amended by the addition of the following: (k) Damage to Structure. Any damage done to the Leased Premises or Structure during installation or operation of the Antenna Facilities shall be repaired or replaced by Tenant, at Tenant's sole cost and expense, and to Landlord's sole and reasonable satisfaction, within thirty (30) days after Tenant's receipt of written notification by Landlord of such damage. (1) Cables. All exposed coaxial cables installed by Tenant at the Leased Premises shall be white jacketed or in conduit painted to match the Structure. (m) Installation of Antenna Facilities. Consulting engineering inspection for any installation or modification of the Antenna Facilities will be provided beginning with the pre-construction conference and continuing through completion of installation and verification of as-builts as determined solely by Landlord, at Tenant's expense. Tenant shall pay for all such Landlord inspection costs within thirty (30) days after receipt of an invoice together with reasonable documentation evidencing such fees and costs. 4. Emergency Facilities. Paragraph 6 (Emergency Facilities) of the Lease is hereby replaced and superseded by the following: In the event of a natural or man-made disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additional Antenna Facilities and install additional equipment on a temporary basis on the Leased Premises, not to exceed 90 days, to assure continuation of service, unless Tenant obtains additional written approval from Landlord. In such event, Tenant shall promptly give Landlord written notice of such installation. Tenant shall not install or replace any generator on the Leased Premises without Landlord's prior written approval, which approval will not be unreasonably withheld, conditioned or delayed, provided, however, that Tenant may place an emergency generator within its Leased Premises without Landlord approval for up to seven (7) days in the event of a power failure to the Antenna Facilities. Landlord may limit the noise level and may prohibit use of a generator exceeding noise level limits set by Landlord. Tenant shall repair any and all damage to the extent caused by Tenant's use of a generator. 5. Additional Maintenance Expenses. Paragraph 7 (Additional Maintenance Expenses) is hereby replaced and superseded by the following: (a) Upon notice from Landlord, Tenant shall promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Leased Premises, including painting or other maintenance of the Structure, resulting from Tenant's occupancy of the Leased Premises. (b) In the event the Landlord repaints, repairs or maintains the Structure, Tenant shall take adequate measures to cover or remove the Antenna Facilities and other 408036 RJV RC145-2 Tenant property or otherwise protect same from damage which may occur during the painting, repair or maintenance process. (c) Tenant shall temporarily remove its Antenna Facilities, at Tenant's cost, to allow maintenance, repair, repainting, restoration of the Structure or other activity on the Leased Premises as required by the Landlord. There may be scheduled interruptions in use of the Antenna Facilities due to such maintenance, repair, repainting or restoration. Except in the case of an emergency, Landlord shall give Tenant at least ninety (90) days' notice of repair, repainting or restoration requiring temporary removal and relocation of the Antenna Facilities. In case of an emergency, Landlord may require Tenant to immediately remove the Antenna Facilities but shall notify Tenant by telephone within a reasonable time prior to such request for removal. In the event the use of the Antenna Facilities is interrupted, Tenant shall have the right to maintain mobile cellular equipment on or adjacent to the Leased Premises. If the site will not accommodate mobile equipment, it is Tenant's responsibility to locate suitable auxiliary sites. Tenant shall re-install its Antenna Facilities, at Tenant's cost, within sixty (60) days of receipt of written notice from the Landlord that work on the Structure or Leased Premises is complete. 6. Notices. Paragraph 19 (Notices) of the Lease is amended by replacement of Tenant's address to read as follows: If to Tenant,to: Sprint Nextel Property Services Mailstop:KSOPHT0101-Z2650 6391 Sprint Parkway Overland Park,KS 66251-2650 RE:MS13XC821 With a copy to: Sprint Nextel Law Department Mailstop:KSOPHT0101-Z2030 6391 Sprint Parkway Overland Park,KS 66251-2650 Attn.:Real Estate Attorney RE:MS13XC821 7. Landlord Costs. Within thirty (30) days of full execution of this First Amendment, Tenant shall pay Landlord the sum of One Thousand Five Hundred and No/100 Dollars ($1,500.00) for costs associated with reviewing and approving Tenant's requested modifications, including but not limited to attorney's fees, staff and administrative review time and third party consultant fees and expenses. 8. Miscellaneous. a. Except as specifically modified by this First Amendment, all terms and conditions of the Lease remain in full force and effect and are hereby ratified. In the event of a conflict between any term or provision of the Lease and this First Amendment, the First Amendment shall control. 408036 RJV RC145-2 b. All capitalized terms in this First Amendment, unless otherwise defined herein, will have the same meaning as the terms contained in the Lease. c. This Amendment may be executed in duplicate counterparts, each of which will be deemed an original. d. Each party represents and warrants that it has the right, power, legal capacity and authority to enter into its respective obligations under this First Amendment. IN WITNESS WHEREOF, Landlord and Tenant have caused this First Amendment to be executed by each party's duly authorized representative on the date written below. LANDLORD: TENANT: City of Richfield Sprint Spectrum Realty Company,LP By: By: Its: Mayor Its: By: By: Its: City Manager Its: Date: Date: The remainder of this page intentionally left blank 408036 RJV RC145-2 6-6. Exhibit B-1 See Attached Drawings 408036 RJV RC145-2 NOTE: \ AS OF THE DATE OF THESE DRAWINGS A Sprint FIBER WALK HAS NOT BEEN PERFORMED ON THIS SITE AND THE PROPOSED FIBER ROUTE \ AND NID LOCATION HAVE NOT BEEN 6580 SPRINT PARKWAY DETERMINED. OVERLAND PARK,KANSAS 66251 D050NG WATER TOWER -7Th SHELL AROSE / `i /—EXISTING BUILDING / \ EXISTING WATER TOWER LEG(1YP) / ,........C'''' COMPACTOR TO URZE f L) EXSING U.C.CROUTIT AS L yyy NECESSARY OR ROUTE � ADDITIONAL U.G.CONQURS (VERIF Y SI¢E) 121. BLACK&VEATCH \ ' __ ))_—EXISTING PATIO / / Ultei a \ 1III` SEE EQUIPMENT C+ ) `I AYOU S SHEE A-U ,1 ,.� PROJECT N0: 12.00144, IIPo /„-i ;�;, DRAWN BY: KOA / 1J// rl' ~ ,CHECKED BY: 00 / /I R� �—EXISTING 16'+25'SPRINT LEASE AREA N \ '// Ex151ING UTILITY R-FRAME w 'c 1 �� C ,aw1m m FOR wmw:cmx a 0v/,R/12 MATED FOR RmNW ISSUED FOR MIDI ' / EXISTING 12'WIDE UTILITY EASEMENT ��/�� Z � n OAT¢ owrnwnox J L DOCUMENT xoT,«E Aug onRETTE� /111 �NMPKA" �THE DNS PROfESSDNAL MINNESOTA 1 STATE OF 1D/12/12 x,,41985 �N I ODIAND CI- \ EXISTING N_ WIDE ACCESS EASEMENT EXISTING TELCO PEW. IT IS A MUD.OF TAW FOR ANY PSRSON. OF 0 NODDED PROFESSIONAL DONEE.TO DRECNON AL THIS DOCUMENT. MS70XC484 1 F2 RICHFIELD PENN AVE WT 6401 PENN AVE S. RICHFIELD, MN 55423 SHEET TITLE OVERALL SITE ITE PLAN (7 ) SHEET NUMBER OVERALL SITE PLAN A-1 • LEASE AREA 15'-0• NOTES )10, I- 1. CONDUIT ROUTING IS DIAGRAMMATICALLY SHOWN ON PLANS AND ME ONLY � APPROXIMATIONS.THE EXACT LOCATION AND ROUTING SHALL BE FIELD VERIFIED. Sprint N 2. ALL ELECTRICAL EQUIPMENT AND CONTROWNC DEVICES SHALL BE PRD/IOED WITH LAMICOID NAMEPLATES.INDICATING THE CIRCUITS ORIGINATION AND ALL EQUIPMENT TERMINATIONS. ETCSBNC =_ I 3. CONTRACTOR SHALL SUPPLY BREAKERS,CONDUITS AND CIRCUIT CONDUCTORS, OVERLAND PARK,KANSAS 66251 AS REQUIRED FOR A COMPLETED SYSTEM AND SHALL BE IN COMPLANCE - WON MANUFACTURER SPECIFICATIONS. ___ 4. PROPOSED CABINET LOCATIONS AND MOUNTING DIMENSIONS ME APPROXIMATE 6580 SPRINT - AND IN RELATION TO EXISRG AND PROPOSED STRUCTURAL STEEL.DIMENSIONS \ ARE BASED ON CENTERLINE OF STRUCTURAL STEEL AND AS INDICATED ON SHEET 5-I,UNLESS NOTED OTHERWISE.CONTRACTOR SHALL FIELD VERIFY EXISTING AND PROPOSED NOTED OTHERWISE. STEEL LOCATIONS. N FIELD E E AB CONNECTIONS,ETC.AND SHALL VERIFY EQUIPMENT MOUNTING DIMENSIONS,PER CAB. MANUFACTURER'S DRAWINGS,PRIOR TO INSTALLATION.SEE SHEET S-1. ° ` 5. CONTRACTOR SHALL INSTALL GRATING AND HANDRNLS WHEN COSTING SPRINT • O EQUIPMENT IS REMOVED.GRATING SHALL SPAN IN THE CORRECT DIRECTION AS ▪ _ INDICATED ON SHEET S-1.WWDRQLS SHALL BE INSTALLED WHEREVER THERE 1 IS A GAP OR OPENING IN THE HANDRAIL IN ACCORDANCE WTIH DETAIL ON _ EXISTING E'.<IETING I ' SHEET 5-2 OR WTO ENGINEER'S DIRECTION OR REQUIREMENTS. I 15..15 ELEVATED _ CAB. SPRINT P1/.TFORM— 6. LEASE MEA SPRINT�L LEASE SURVEY. IS APPROXIMATE.CONTRACTOR TO VERIFY BLACK&VEATCH III!III- \ !'!lIBIII Ili I J Ulteia WI — c0 000 — EXISTING TEC &J _— _ G LOAD CENTER PROJECT NO: 12.0014, EXISTING EQUIPMENT LAYOUT I SCALE:3/B"-T'-o" I A DRAWN Br: NBA 5'-5" `CHECKED BY: IJO• CLEARANCE 2'-6• 2'-S' (8) _--- (3)PROPOSED PLATO M TO __� EXISTING \\ PROPOSED D _=—_ PROPOSED CONDUIT \ � IAMBS-BATTERY e c tO/12/1x mum FOR ROUTED UNDER - IX511NG OR P � CABINET oN/tF/tt mu EXISTING SPRINT EQUIPMENT TO \ -- NG \\ ` A IN/13/12 mum FOR Ronny BE REMOVED UPON COMPLETION EXISTING \� _= 15515'ELEVATED OF EQUIPMENT MIGRATION CAB, SPRINT PLATFORM 1- \ � T��Tn�n PROPOSED 1 DATE DESDRIMON • — \ ��'-^� MMBS-BBU® n ' • \ CABINET CLEARANCE ! , ME SpIDxmOn xm II wEmTAmo Disxm[ 2'_6• 2'-5' 11111110)In)II111!!1!I— _ 14: uR WORT ORT MS PREM.', 1c ate` 'TiEB 111N111 0' 2`r f IMINI0I II 0LI1 �PRaPf.s°` ODN"u QcRmt u o n"T `YI.R.s a 1xE vy EXISTING c � 111111111111111111 I� MINNESOTA 0 (3)PROPOSED HYBRID CABLES PROPOSED I IIIIIBIIIBBI a a o O o .,I �� CP ROUTED UNDER PLATFORM TO 2 10/12/12 x,47965 EXISTING OR PROPOSED CONDUIT I n CABINET o PROPOSED CPS (J�!^ \I \ 0 ISAAC ODLAND \ ,� EXISTING LELC0& PROPOSED TU 1 EXISTING: E r c 15 x15 ELEVATED IYOTM CAB. \ � n. PC LOAD CENTER MMES-BBU CABINET SPRINT PLATFORM � M BS-MA \ LAIBS-BBU CONO ITS FROM COOSSTI G POWER& \ CABINET PPC LOAD CENTER TO PROPOSED IIIN BII BIB \\ _O EQUIPMENT(SEE SHEET E-1) 2c•-2" UNLESS B AVIOUTION ACTING INN TAN SN. IIIN m1 BIBI- I x 1111110111IIIIII =- nnl�mm mu1 = I\ OF A LICENSED PROFESSIONAL 555 D LDD�N .To PREM. IIBI NB W NOTE: ALTER ms DDDLNEN, h��:In CONTRACTOR SHALL VERIFY THE PLACEMENT PROPOSED UPS 0 OF THE PROPOSED EQUIPMENT CABINETS I MS70XC484 MOUNTED TO ® SUCH THAT AT LEAST 2 CORNERS OF THE F2 RICHFIELD PENN AVE WT oslsrCO SOV r< PROPOSED N CABINETS ARE BOLTED TO STRUCTURAL PC LOAD CENTER-J MMES-BBU CABINET 6401 PENN (3)PROPOSE)Tf1C0 POWER 1z'P O 1' z B a s• s P MEMBERS OF THE EXISTING EQUIPMENT RICHFIELD, MN VE55423 CONDUITS FROM EXISTING TELCO& PLATFORM. PPC LOAD CENTER TO PROPOSED EQUIPMENT(SEE SHEET E-I) yB^=1•d^ SHEET TITLE INTERIM EQUIPMENT LAYOUT I cr F:3/0•=1'-O• I B FINAL EQUIPMENT LAYOUT I SCALE AS NOTED I C EQUIPMENT LAYOUTS FENCE: S FIBER: — F — ��,��_y_, BBU: BASEBAND UNIT MUDS: MULTI MODAL BASE STATION ICE BRIDGE: ��NEK-"—' �� COO: DIVISION MULI1PLE VNIT�CESS ftEf: POWER OTE ELECTRICAL TILT SHEET NUMBER N LEASE AREA: — — .— POWER: F CAERE TRAY: h' x x ' HVAC: HEATING VENTILATION AIR�CONDTTIONING RRU: RADIO MOTE FREQUENCY RADIO UNIT WOOD/IRON FENCE: ❑ ❑ TELCO: I GRAPHICS LEGEND ACRONYM LEGEND A ' NOTES I. TOWER STRUCTURE ANALYSIS IS BEING PERFORMED BY OTHERS.SPRINT NETWORK VISION INSTALLATION \ SHALL NOT START UNTIL ENGINEER RECEIVES COPY OF APPROVED STRUCTURAL ANALYSIS OR ASSESSMENT. 2. CONTRACTOR RESPONSIBLE FOR PROVIDING TOWER RIGGING PLANS.SUBJECT TO OWNER APPROVAL Sprint 3. REFER TO STRUCTURAL ANALYSIS FOR APPROVED COA%,HYBRID CABLE PLACEMENT. 4. CONTRACTOR SHALL INSTALL HYBRID CABLE SUPPORTS BASED ON FOLLOWING STRUCTURE TYPE: 6580 SPRINT PARKWAY OVERLAND PARK,KANSAS 66251 • . _ TOP OF w.;TER TOwEk i i -__i ELEVATION ti0'3 aI'L 11C R(11 Ir J EXISTING SPRINT ANTENNAS E...101G w,TEP. I l l�u U'�t RI G /. \\ 0 BE REMOVED UPON OW ER LEG--� / niwnu<RAILING OORATIO ON OF EQUIPMENT \�_MIERATION R0O 0'AOL ©J`, \\ �\ EXISTING 0 MN6 \EVnTItJII 90'-0'nGL \� ,\ I- n SP_. 4 (3)RINT PROPOSED la (SEE ANTENNA SCHEDULE) , r PAD CENTER• NOTE BLACK&VEATCH \ U *I_ ELEVATION DETAIL IS SECTORS FOR JULs / 90'-0".. ALL(3)SECTORS • , Alt @la C '-EXISIINC,OTHER ND NISTk T TAp RIEP ANTENNA, N)EITKING CORK E PvC •PROJECT N0: 12.00144, I. /( CABLE ATTACHED/TO"EXISTING `DRAWN BY: KBA, GNISTRUT AV NEW PVC CHECKED BY: IJO \ (VERIFY •SIZE)OR UTILIZE , E%ISTNG PVC AS NECESSARY \ TO 90'LEVEL SEE SHEET A-4 FOR CABLE LENGTH. \ PROPOSED HYBRID COAX ROUTING DETAIL I NO SCALE I B e ISSUED FAR R ANT GABLE,TYP.EACH SECTOR(SEE NOTE 4) 10/12/12 on \ / / \ / AND DETAIL"B" NOTE: PROPOSED 800 MHZ RRU `A DATE DESORPTION ER\ / NEOPRENE PADDING IS REQUIRED WITH FILTER CH/23/12 i AT ALL CLAMP LOCATIONS. CONTRACTOR TO INSTALL EXISTING HORIZONTAL PIPE NOTE: CROSS-OVER CLAMPS / (ANTENNA FRAMO PROPOSED}"SCH 40(} -�, / SEE SHEET S-1 FOR FINAL 1/2"OA.)MOUNTING PIPE y�� ANTENNA MOUNTING DETAIL TM' ,""Mon°�N'm TTMwLNCAOCORfl�`mKeTlc11EC0A0 W/RUBBER END CAPS AT / SPECIFICATION / / \ BOTH ENDS / ai HERESY CERTIFY�R TMunl>�RwuWLrE uRTCr Pa'RFpcs�OSw"v.AND iA.sl"`aF�DinL . MINNESOTA ::RR\ ME RING\ )—�- �_ „ ∎ I J� PROPOSED 1900 MHZ RRU \� 1 . EN x 5OG rIAI FVR[AMCAL PIPE PROPOSED HYBRID FREQUENCY `CONTRACTOR TO UTILZE a IT CABLE IT 5 A PERSON. EXISTING U.G.CONDUIT AS - ME RORKN ONRL THE DIRECTOR NECESSARY OR ROUTE -!� T- OF A UCARED PFOfE uFER,TO ADDITIONAL U.G.CONDUITS (VERIFY SIZE) lir ' PROPOSED PANEL ANTENNA J� :, , ' MELD PENN 84 TH MOUNTING HARDWARE ` !I:_- -i -----_----- MOUNT F2 RICHFIELD PE AVE WT +,� MOUNNG RATS RING NOTES: l 6401 PENN AVE S. 1. NEOPRENE SHALL BE PLACED BETWEEN ALL PROPOSED JUMPER(TYP '' \\ RICHFIELD, MN 55423 CLAMPS, BRACKETS, ETC. AND EXISTING ,�WATER A ER ROSES LEG SHEET TITLE 2. ANTENNA MOUNTING HARDWARE SHALL BE _1--� ---,\ TOWER ELEVATION PROVIDED IN A NON—CORRODING MATERIAL PROPOSED FROM HYBRID --�� EXISTING HORIZONTAL PIPE & COAX DETAILS AND NOT PAINTED. MMBS-BBU CABINET (ANTENNA FRAME) PROPOSED HYBRID BREAK-OUT 3. PROPOSED ANTENNAS SHALL BE PAINTED CYLINOER AND ENCLOSURE. TO MATCH EXISTING WATER TOWER COLOR CONTRACTOR SHALL MOUNT SHEET NUMBER WITH ADEQUATE HARDWARE TO EXISTING FRAME. A-3 SITE SOUTH ELEVATION I NO 800/1900 MHz ANTENNA SCALE A INTERIM MOUNTING/COAX ROUTING DETAIL I NO SCALE I C A PROPOSED ANTENNA SCHEDULE Sprint _% ANTENNA ANTENNA NUMBER OF RAD ANTENNA ELECT MECH EFF HYBRID CABLE JUMPER JUMPER RET RET CABLE RET CABLE SECTOR NUMBER MANUFACTURER ANTENNA MODEL HYBRID CABLES AZIMUTH CENTER GAIN D—TILT TILT D—TILT RRU MODEL RRU FILTER LENGTH SIZE LENGTH LENGTH MANUFACTURER MODEL NUMBER 6580 SPRINT PARKWAY 56 SUNS HFC OVERLAND PARK.KANSAS 66251 1B 800/1900 MHz KMW ET-X-TS-70-15-62-18-IR-RD 1(PER SECTOR) 340' 90' 13.4/15.9 8/4 0/0 8/4 RRH-C2A&RRH-P4 (1)800 MHz FILTER 270'± 1/2" 6' 9.8' COMMSCOPE ATCB-B01-003 28 800/1900 M 1(PPER ER S ECTOR)Hz KMW ET-X-TS-70-15-82-18-iR-RD S( HOC 120' 90' 13.4/15.9 10/4 0/D 10/4 RRH-C2A&RRH-P4 (1)800 MHz FILTER 165'± 1/2" 6' 9.8' COMMSCOPE ATCB BOI-003 S 3B 800/1900 MHz KMW ET—X—T5-70-15-62-18-1R—RD SAMSUNC HFC 220' 90' 13.4/15.9 4/4 0/0 4/4 RRH—C2A&RRH—P4 (1)800 MHZ FILTER 195'± 1/2" 6' 9.8' COMMSCOPE ATCB-801-003 41271IP 1(PER SECTOR) 1/2 - on PCTEL GPS-TMG-HR-26NCM 1 - - - - - - - - - (PCTEL 10' - - - LMR-400) ©. BLACK&VEATCH NOTES NOTE: Ultei LI 1. 0(161198 ANTENNAS ARE COMA UNLESS NOTED OTHERWISE. 1. THESE DRAWINGS HAVE BEEN 2. DIMENSIONS OF COSTING ANTENNAS SPACING OR PLATFORMS ARE APPROXIMATE. PREPARED IN ACCORDANCE WITH THE CONTRACTOR SHALL FIELD VERIFY PRIOR TO START OF CONSTRUCTION REDS SHEET THAT WAS PROVIDED TO I (SEE GENERAL NOTES,SHEETS ON—I AND CN-2). ULTEIG ENGINEERS. PROJECT NO: 12.00144 3. FIELD TO VERIFY COSTING AZIMUTH BEFORE RELOCATING THE ANTENNA,IF 2. CONTRACTOR SHALL CONFIRM ALL REQUIRED.PRIOR APPROVAL FROM SPRINT TO BE GRANTED BEFORE RELOCATION PROPOSED RF DESIGN INFORMATION DRAWN BY: KEA OF ANTENNAS. WITH MOST RECENT RFDS PROVIDED 4. FOR HYBRID CABLE DIAMETER REFER TO X16810 CABLE TYPE DETAIL ON SHEET BY SPRINT PRIOR TO START OF CHECKED BY: IJO • E-2.DEONL C.SIZE WILL VARY BASED ON LENGTH OF RUN. CONSTRUCTION. , 3 ANTENNA SCHEDULE —EXISTING ATER .--E c WATER EXISTING. WATER 10/1x/12 ISSUE FOR CO,sRLC1MN _ E 0 E,ERF a w/tE/12 ISSUED FOR AmLW j� \ ` c.nr+. �O/1900 MHz C / �� -� 800 1900 MHz /� ----` � A 04/x3/12 mum FOR ROAM AZMUTH AZIMUTH Aj4U/ AZIMUTH - - DATE OESCxmrox 3"' \\ 34C 0 \ 3b , AZIMUTH U. AZIMUTH IS ixt 0099ECI 999099 340' \ 340' ) \ I('''I DO(BI T,N T INF 01.0±SRSEWAATRO 1NE SIGNED N- F/1 l \ L�F. � 1 ')• q1 0.7OrsRSR TC m r oe PE w 014 / SECTOR \ SECTOR 1 \ / SECTOR 1 PRO�KK 1016EL Y IUtA.SMRi M�LNYS�P�TIE t TIP. y.M, MINNESOTA 4'6 / 10/12/12 m.t,„,47985 ISAAC,ODLAND r :, �\ EXISTING OTHER EXISTING OTNEP �` \ EXISTING OTHER J CARRIER ANTENNAS. RAPPER OTA ( ANTENNAS,i1 P. ( ) CARRIER nf+. \ RAPP ER TIP— A TREY A DE LAW UNDER R m N. \ \_� \\ UCEY PROFESSIONAL ENGINEER.TO \�b (3)PROPOSED b ALTER THIS CM/RENT. IN 600/1900 MHz L Aft,I ()I rti ,T SPRINT ANTENNAS 16 ®WITH(2)RRU'S a MS70XC484 M 3 PROPOSED (6)EXISTING SPRINT W PIPE MOUNTS a F2 RICHFIELD PENN AVE WT /() ANTENNAS TO BE REMOVED (6)E✓ISrING wo/1900 MHz UPON COMPLETION OF 6401 PENN AVE S. PPIEJT ANTENNAS— / SPRINT ANTENNAS EQUIPMENT MIGRATION WITH(z)RRU'S / RICHFIELD, MN 55423 EACH,ON NEW PIPE MOUNTS SEGO AZ MUTE SECTOR 2 AZ MUTH SECTOR 2 3 1 l LA ''X'( f Imo).% 20 1 SHEEP TITLE `X / 28 - 26 eoo/19W MHx � eooAZIMUTH MH: SCHEDULE &N LAYOUTS 2D' SECTOR 3 r SECTOR 3 2C AZIMUTH O . SECTOR 3 129 nMNT �,� 2R G. 2G "� 3B ��J-� SHEEP NUMBER (.1) ?0' 800/1900 MHz SA 800/1900 MHz N AZIMUTH AZIMUTH i,AZIMUTH AZIMUTH 229 _'20' 229 A-4 EXISTING ANTENNA LAYOUT NO Row F I A INTERIM ANTENNA LAYOUT I NO SCALE B FINAL ANTENNLA A YOUT I NO SCALE I C A AGENDA SECTION: CONSENT AGENDA ITEM# 4C REPORT# 204 silli STAFF REPORT RICHFIELD CITY COUNCIL MEETING NOVEMBER 27, 2012 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME,TITLE DEPARTMENT DIRECTOR Er REVIEW: --10% ) / / SIGNATURE REVIEWED BY CITY % /" ''r k / MANAGER: l A i. .,,,, ITEM FOR COUNCIL CONSIDERATION: Approval of the continuation of the agreement with the City of Bloomington for the provision of public health services for the City of Richfield for the year 2013. I. RECOMMENDED ACTION: By Motion: Approve the continuation of the agreement with the City of Bloomington for the provision of public health services for the City of Richfield for the year 2013. II. BACKGROUND In 1977, the State of Minnesota enacted the Community Health Services Act which transferred the responsibility for the administration of public health programs to local jurisdictions. The State also provided funds for the program and encouraged local jurisdictions to increase the efficiency of their programs by grouping together whenever it made sense to do so. Richfield entered into a contractual agreement with Bloomington at the time and the program has been administered under a contract with them since then. The Act was revised in 2003 and is now referred to as the Local Public Health Act. The contract amount for providing public health services in 2013 reflects roughly a 5% increase over the 2012 contract amount. The contract amount for 2012 was $199,190. The 2013 contract amount is $209, 150. This difference reflects a 5% increase requested by Bloomington. It should be noted that there were 0% increases for 2010 and 2011 while 2012 saw a 3% increase. 112712 Health Services contract In 2004, changes were made to the Public Health Act at the State level to make reporting and accountability recordkeeping more efficient. Those changes also "regrouped" a large number of funding sources into one, which gives more personalization of the funds for the best specific use of dollars within the community to be used in conjunction with subsidy guidelines. It is now referred to as the Local Public Health subsidy. III. BASIS OF RECOMMENDATION A. POLICY • The City of Bloomington has sufficient resources to provide a professional level of public health services to Richfield residents. Annual evaluations of their services has shown that they are providing effective services in a very cost efficient manner and that Richfield residents are very satisfied. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • The City Attorney has reviewed the contents of the contract and has approved of it. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could decide to have Richfield provide its own public health nursing services. The costs of hiring the nursing staff necessary to provide the same level of services and administrative support would be more than our current expenditures and would require a budget increase. V. ATTACHMENTS • 2013 Bloomington Public Health Contract VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 112712 Health Services contract 4C" I AGREEMENT BETWEEN • THE CITIES OF BLOOMINGTON AND RICHFIELD TO PROVIDE COMMUNITY HEALTH SERVICES THIS AGREEMENT, made and entered into this day of , by and between the City of Bloomington, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ("Bloomington"), and the City of Richfield, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota("Richfield"). W I"I'N I S S ETH: WHEREAS, Bloomington warrants and represents that its Division of Public Health is a duly certified public health agency operating in accordance with all applicable federal and state requirements; and WHEREAS, Bloomington provides community health services, including, but not limited to public health nursing services(including home visits), public health clinics, health education, health promotion services, disease prevention and control, health planning, and program administration; and WHEREAS, Richfield wishes to promote, support, and maintain the health of its residents by providing community health services such as health education, communicable disease programs, public health nursing services, health assessment, counseling, teaching, and evaluation in the community, home and clinic setting at a nominal fee to those making use of such services, and to contract with Bloomington, through its Division of Public Health, to provide such services to residents of Richfield; and WHEREAS, the governing bodies of Bloomington and Richfield are authorized by Minnesota Statutes, Section 145A.04, Subdivision 5, and by Minnesota Statutes, Section 471.59, Subdivision 10, to provide community health services and to enter into agreements with each other for the providing by Bloomington of community health services to residents of Richfield; and WHEREAS, through this contractual arrangement the provision of community health services will enable Richfield to document progress toward the achievement of statewide outcomes, as stated in Minnesota Statutes, Section 145A.10, Subdivision 5. NOW,THEREFORE, the parties hereto, and for consideration of the covenants hereinafter set forth, agree as follows: 1. This Agreement shall be for a period of from January 1, 2013, to December 31, 2013. 2. Bloomington, through its Division of Public Health, agrees to provide residents of Richfield with community health services (hereinafter called "Health Services"), which includes activities designed to protect and promote the health of the general population within a community health service area by emphasizing the prevention of disease, injury, disability, and preventable death through the promotion of effective coordination and use of community resources, and by extending Health Services into the community. 3. Bloomington agrees to provide Health Services to the residents of Richfield utilizing the same quality and kind of personnel, equipment and facilities as health Services are provided and rendered to residents of Bloomington. 4. Bloomington shall provide the Health Services pursuant hereto on a confidential basis, using capable, trained professionals. 5. All Health Services to be rendered hereunder by Bloomington shall be rendered pursuant to and subject to public health policies,rules, and procedures now or hereafter, from time to time, adopted by the Bloomington City Council, and in full compliance with all applicable state and federal laws, provided, however, that(i) no policy,rule, or procedure hereafter adopted by the Bloomington City Council shall in any way affect, modify, or change the obligations, duties, liabilities, or rights of the parties hereto as set out in this Agreement, or reduce or detract from the kind, quality, and quantity of Health Services to be provided hereunder by Bloomington to residents of Richfield, and (ii) all such policies, rules and procedures shall be uniformly applied to all persons receiving Health Services from Bloomington, whether residents of Richfield, Bloomington, or any other municipality. Richfield agrees to adopt the same 3 • policies, rules, and procedures as are from time to time adopted by Bloomington, if determined by Richfield to be necessary or desirable to facilitate or regulate the provision of Health Services by Bloomington to residents of Richfield pursuant hereto. 6. Richfield agrees to pay Bloomington, for Health Services provided pursuant to this Agreement according to the following terms: a. The annual sum of TWO HUNDRED NINE TI IOUSAND, ONE HUNDRED FIFTY DOLLARS AND NO/100 ($209,150.00) shall be paid in quarterly payments of FIFTY TWO THOUSAND, TWO HUNDRED EIGHTY-SEVEN DOLLARS AND 50/100 ($52,287.50) to Bloomington within fifteen (15) days of the receipt by Richfield of each of the statements to be given pursuant to Paragraph 6.B hereof, subject, however, to the provisions of Paragraph 6.0 hereof b. On April 15, July 15, and October 15, 2013 and on January 15, 2014, Bloomington shall send Richfield a statement, certified by Bloomington's Division of Public Health as being true and correct, and covering the period of three(3) calendar months preceding the month in which the statement is given. The statement will set forth, in such detail as Richfield shall reasonably require, the numbers of persons served, the kinds of Health Services delivered, the locations where such services were delivered, and such other information as Richfield shall reasonably request. c. Should any dispute arise over this Agreement, Richfield shall pay for any undisputed charges for the previous three (3) month period when due. Disputed amounts will be addressed by both parties. If no agreeable solution is reached, the dispute will be handled pursuant to Paragraph 21. 7. In the event Richfield desires to inspect the financial books and records of Bloomington related to the providing of Health Services hereunder by Bloomington, Bloomington shall make its financial books and records available at the Bloomington City hall for inspection and copying by Richfield, or any agent, employee, or representative of Richfield, during business hours. 4-C - Lf 8. It shall be the sole responsibility of Bloomington to determine the qualifications, functions, training, and performance standards for all personnel rendering Health Services under this Agreement; provided, however, that Bloomington agrees that all such personnel shall be capable, trained professionals. 9. Bloomington will communicate with Richfield relative to I Icalth Services to be performed hereunder, such communication to be in the form of reports, conferences, or consultations, as the respective Richfield departments shall request. All reports relating to the providing of Health Services that are given by Bloomington to the Bloomington City Council or to the City Manager during the term of this Agreement shall also be given to Richfield. 10. Bloomington also agrees to send to Richfield an annual report describing the activities performed and Health Services rendered pursuant to this Agreement. Such report shall be in such detail and form as Richfield may reasonably request. The annual report shall be sent with and in addition to the last quarterly report acquired by Paragraph 6.B hereof Also, at Richfield's request, made not more than two (2) times during the term of this Agreement, responsible administrative officers of Bloomington's Division of Public Health shall attend meetings of the Richfield City Council, or appropriate board or commission, to answer questions and give further information relative to the activities performed and Health Services rendered under this Agreement. 11. Bloomington hereby agrees to maintain in force its present policy of commercial general liability insurance in compliance with Minnesota Statutes, Section 466, and professional liability coverage in the amount of$1,000,000 per occurrence for the term of this contract. Said policy shall be with an insurance company authorized to do business in Minnesota. If requested, the City of Bloomington will provide a certificate of insurance evidencing such coverage. Upon request, Richfield may be named as an additional insured on Bloomington's commercial general liability insurance only. C _tJ 12. Bloomington shall further require medical malpractice insurance coverage by its physicians and other licensed professionals with whom Bloomington has a contract for professional services. 13. Either party may terminate the Agreement by providing the other party one hundred twenty (120) days written notice to the other. Upon such termination, all obligations and liabilities of the parties hereunder shall cease and terminate, except the provisions of Paragraph 11 and 12 hereof shall continue and survive such termination. Also, in the event of termination pursuant hereto, the quarterly payment next due shall be prorated and paid for only the period ended on the date of termination, and Bloomington shall send to Richfield, within thirty (30) days after such termination, a report in the form of, and in lieu of, the annual report required by Paragraph 10 hereto, and Richfield shall pay such reduced quarterly payment for the period ended on the date of termination, within fifteen (15) days after receipt of report. 14. Bloomington and Richfield understand and agree that each shall apply and qualify, independently and separately, for any and all grants, matching funds, and/or payments of all kind from state, federal, and other governmental bodies relating to, or for the provision of, any or all of the I health Services, and any and all such grants, matching funds, and payments shall belong to the recipient and be used and applied as the recipient thereof shall determine, without regard to this Agreement. 15. All notices, reports, or demands required or permitted to be given under this Agreement shall be in writing and shall be deemed to be given when delivered personally to an officer of the party to which notice is being given, or when deposited in the United States mail in a sealed envelope, with registered or certified mail, postage prepaid thereon, addressed to the parties at the following addresses: To Bloomington: 1800 West Old Shakopee Road Bloomington, Minnesota 55431 Attention: City Manager To Richfield: 6700 Portland Avenue South Richfield, Minnesota 55423 Attention: City Manager Such addresses may be changed by either party upon notice to the other party given as herein provided. 16. The parties agree to comply with the following laws and regulations: a. Richfield agrees to comply with the Americans With Disabilities Act and agrees to hold harmless and indemnify the City of Bloomington from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought by third parties alleging a violation of ADA by Richfield. Bloomington agrees to hold harmless and indemnify Richfield from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought by third parties alleging a violation of ADA by Bloomington. The City of Bloomington does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Bloomington has designated coordinators to facilitate compliance with the Americans With Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. For information contact the Human Services Division, City of Bloomington, 1800 Old West Shakopee Road, Bloomington, Minnesota 55431; telephone (952) 563-8700; TTY: (952) 563- 8740. b. The parties agree to comply with the Minnesota State I-luman Rights Act, Minnesota Statutes, Section 363A. 17. Non-Assignment. The parties agree that this Agreement shall not be assignable except at the written consent of both parties. 18. Scope of Agreement. This Agreement represents the entire Agreement between Richfield and Bloomington and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 19. Each party will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. 20. Liability for Richfield and Bloomington shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. Nothing in this Section is intended or shall operate as a waiver of any defenses or limitations on liability available under the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. The provisions of this Section are not intended for the benefit of any third party. In the event of any claims or actions filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. 21. Bloomington and Richfield agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. 'the mediation shall be conducted through the Conflict Resolution Center, 2101 Hennepin Avenue, Suite 100, Minneapolis, Minnesota 55405. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non- binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. (LEFT INTENTIONALLY BLANK) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and their corporate seal to be affixed hereto the day and year first above written. CITY OF BLOOMINGTON: Dated: By: Its Mayor Dated: By: Its City Manager Reviewed and approved by the City Attorney. City Attorney CITY OF RICHFIELD: Dated: By: Its Mayor Dated: By: Its City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 4D REPORT# 205 STAFF REPORT RICHFIELD CITY COUNCIL MEETING NOVEMBER 27, 2012 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME,TITLE DEPARTMENT DIRECTOR irtREVIEW: SIGNATURE REVIEWED BY CITY MANAGER: '.�yLii►. _ ITEM FOR COUNCIL CONSIDERATION: Consideration and approval of a 2013 contract with the City of Bloomington, using public health emergency preparedness grant funds distributed by a federal grant from the Centers for Disease Control, to provide services in the area of public health emergency preparedness/bioterrorism and the development of a response system. I. RECOMMENDED ACTION: By Motion: Approve the 2013 contract with the City of Bloomington using federal grant funds, to provide services in the area of public health emergency preparedness/bioterrorism and the development of a response system. II. BACKGROUND The State of Minnesota has received funds from the federal government (Centers for Disease Control) to be used in developing agencies' public health emergency preparedness/response to bioterrorism. This is part of a nationwide effort to respond to serious public health emergencies. There are specific requirements in the grant in the areas of coordination, assessment, planning and exercise, response surveillance, Health Alert Network, risk communication, training and provides services and activities to improve the mass dispensing of medicines and medical supplies through the Cities Readiness Initiative. The City of Richfield will receive $35,758 for the grant cycle which runs from August 10, 2012, through June 30, 2013. The contract with the City of Bloomington for this 112712 PHEP same period of time for public health emergency preparedness is in the amount of $22,411, with a second amount of$10,847, being passed through directly to Bloomington to meet the Cities Readiness Initiative (CRI) which is intended to be used metro wide to regionally fund public health emergency preparedness planning, exercises, training and activities. A remaining amount of$2,500 is retained by Richfield for staff time, training, planning and exercises in public health emergency preparedness activities. Richfield continues to pool these federal grant dollars with Bloomington and Edina with a portion of these funds used to support a Public Health Emergency Preparedness Coordinator for the three cities. Lisa Brodsky, Public Health Emergency Preparedness Coordinator, is representing the Tri City area (Bloomington, Edina and Richfield) and has been regularly meeting with Richfield and Edina health staff to plan and develop the requirements of the grant funds. III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield became a Local Public Health Agency (LPHA) in 1977, which makes the City eligible to receive these grant funds to use in the development of a public health emergency response system specific to Richfield and its needs. B. CRITICAL TIMING ISSUES • These funds are part of a nationwide effort by the Federal government to respond to serious public health emergencies, to include threats of bioterrorism. C. FINANCIAL • Funds being used are those given to Richfield as a LPH agency, from the federal government, to develop a system for responding to public health emergency preparedness and bioterrorism threats. D. LEGAL • The City must comply with the requirements of the grant in order to receive grant funds. • The City Attorney has reviewed the contents of the contract and has approved of it. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The City Council could decide not to approve the contract with the City of Bloomington for the services of a Public Health Emergency Preparedness Coordinator in developing a public health emergency preparedness/bioterrorism plan. This would mean that the City would have to hire a staff person to assume some of the grants' responsibilities, which cannot be met with current City staffing levels and would result in a significant budget increase. V. ATTACHMENTS • 2013 City of Bloomington Public Health Preparedness/bioterrorism contract. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 112712 PHEP AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND RICHFIELD FOR PUBLIC HEALTH PREPAREDNESS AND RESPONSE TO BIOTERRORISM THIS AGREEMENT, is made and entered into this day of by and between the City of Bloomington, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ("Bloomington"), and the City of Richfield, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ("Richfield"). WITNESSETH: WHEREAS, Bloomington warrants and represents that its Division of Public Health is a duly certified public health agency operating in accordance with all applicable federal and state requirements; and WHEREAS, Bloomington's Division of Public Health provides Public Health Emergency Preparedness Services to respond to bioterrorism, infectious diseases, and other threats to public health including, but not limited to coordination, assessment, planning and exercise, response, surveillance, Health Alert Network (HAN), and training (hereinafter referred to as "PH Emergency Preparedness Services"); and provides services and activities to improve the mass dispensing of medicines and medical supplies through the Cities Readiness Initiative (hereinafter referred to as "CRI Duties"); and WHEREAS, Richfield wishes to promote, support, and maintain the health of its residents by providing public health emergency preparedness, and CRI planning activities, and to contract with Bloomington, through its Division of Public Health, to provide such services to residents of Richfield; NOW, THEREFORE, the parties hereto, and for consideration of the covenants hereinafter set forth, agree as follows: A. Term. The term of this Agreement shall be from August 10, 2012 through June 30, 2013 provided that either party may terminate the same by sixty (60) days written notice to the other. B. Bloomington, through its Division of Public Health, agrees to provide residents of Richfield with the following PH Emergency Preparedness Services: Standing Duties 1. Bloomington will conduct at least one (1) presentation per calendar year, highlighting public health emergency preparedness activities and/or accomplishments to a community group within Richfield. The presentation should include information on the Public Health component of recent and/or on- going responses, exercises and improvements to readiness. The purpose of the presentation will be to increase the visibility of public health emergency preparedness efforts among elected officials and/or new audiences with whom public health planners are not already working. Bloomington shall provide Richfield with a summary of the presentation that includes how the audience was selected, the date of the presentation, number of attendees, and topics discussed. Richfield staff will participate in the presentation, which will be coordinated by Bloomington and will focus on activities and accomplishments within Richfield. 2. Bloomington will plan and coordinate preparedness and response efforts at the local and regional level with hospitals, healthcare providers, mental/behavioral health systems, emergency medical services, emergency management and other response partners to share expertise, coordinate training and exercises and evaluate response and recovery to incidents within Bloomington-Edina- Richfield. 3. Bloomington will designate a MN Responds administrator; and coordinate with regional health care system preparedness efforts to recruit, train and deploy volunteers in accordance with state and federal law. 4. Bloomington will prepare, update and maintain a Bloomington-Edina-Richfield three (3) year exercise calendar in conjunction with each City's Emergency Manager and will submit the exercise calendar to the Office of Emergency Preparedness (OEP) Exercise Coordinator on or before November 30 of each calendar year and will provide timely updates to the OEP Exercise Coordinator �D_3 for the duration of the contract. Bloomington will provide Richfield with an exercise calendar specific to its jurisdiction. 5. All exercises developed by Bloomington will be in accordance with Homeland Security Exercise Evaluation Program (HSEEP) standards. Bloomington will submit an After Action Report and Improvement Plan (AAR/IP) to the OEP Exercise Coordinator for each exercise conducted at any level with federal funds. Any exercises that include measuring throughput for countermeasure dispensing (dispensing or vaccinating drills, including drills using Real Opt) shall include the throughput data according to STATE guidance. 6. Bloomington will reply to all STATE Health Alerts and Health Alert Updates within one (1) hour of receipt. Bloomington will transmit the STATE'S Health Alerts and Health Alert Updates to local Health Alert Network recipients as requested by the STATE within one (1) hour of receipt. 7. Bloomington will reply to all STATE Health Advisories and Health Advisory Updates within twenty-four (24) hours of receipt. Bloomington will transmit the STATE Health Advisories and Health Advisory Updates to local Health Alert Network recipients within twenty-four (24) hours of receipt. 8. Bloomington shall develop and maintain Medical Countermeasure Dispensing, Material Management and Distribution plans in compliance with current Minnesota Department of Health (MDH) and Centers for Disease Control (CDC) guidance documents including: MDH guidance posted on the Workspace; Local Technical Assistance Review (LTAR) and supporting guidance; Receiving, Distributing, Dispensing Strategic National Stockpile Assets: A Guide for Preparedness; Public Health Preparedness Capabilities: National Standards for State and Local Planning; and Point of Dispensing (POD) Standards. Bloomington will incorporate new STATE and federal guidance into plans on a minimum of an annual basis. Bloomington will address deficiencies and make changes to plans as requested by Richfield, MDH and/or CDC. 9. Bloomington will ensure that annual capacity building training specific to medical countermeasure dispensing and medical materiel distribution is provided to lead response staff, as identified by Bloomington Public Health (BPH) and Richfield. Dispensing and distribution training sources include CDC online courses and webinars, training events provided by MDH, and trainings, workshops or exercises carried out by local public health departments individually or regionally. All training shall be reported to the STATE using MN.TRAIN or by submitting the MDH training documentation form. On behalf of Richfield, Bloomington will attend Strategic National Stockpile (SNS) and other mass prophylaxis related training provided or directed by the STATE. Programmatic Duties 10. Bloomington will work with the regional Public Health Preparedness Consultant to receive approval of the 2012 work plan. Bloomington will begin or continue implementation of approved work plans within thirty (30) days of the execution of the contract. 11. Bloomington will provide information to Richfield for progress updates on achieving work plan goals and capabilities as directed by the STATE. 12. In consultation with Richfield, Bloomington will select at least three (3) of the most pressing issues identified through the risk assessment process for inclusion in an 18-month work plan which will be submitted, in a manner prescribed by the STATE, by June 30, 2013. As a component of the work plan, improvement goals will be developed that identify the Resource Elements (CDC and Prevention Public Health Preparedness Capabilities National Standards for State and Local Planning, March 2011), and the associated Capabilities and Functions, which will be addressed by each goal. Goals will be developed at the three-city level. The STATE reserves the right to identify Resource Elements that must be included in Bloomington work plans. Work plans will also include Responsible Party, Demonstration Plan and timelines as defined in the MDH contract. 13. On behalf of Richfield, Bloomington will participate in regional healthcare coalition activities designed to develop a regional risk assessment and a plan for coordinated preparedness planning and response between healthcare, public health, tribes as applicable, and other regional collaborators. Bloomington will share the most current jurisdictional risk assessment results, and other applicable assessments and plans. 14. Bloomington will conduct a minimum of two (2) Health Alert Network (HAN) exercises that include but are not limited to: Bloomington, Edina and Richfield hospitals, clinics, long term care, emergency managers and those who according to agency discretion are apparent and necessary to ensure an efficient response to any public health emergency. Bloomington will monitor the acknowledgement of response times and each exercise must achieve a rate of 80% or more from each of the partner organizations within one (1) hour. One exercise must be conducted before November 30, 2012 and the second before May 30, 2013. This grant duty may be met using a real incident. 15. Bloomington will participate in the state initiated Communication exercise, including testing the Minnesota Responds volunteer notification system, as directed by the STATE. 16. Bloomington will develop and maintain written plans and agreements for the number of mass dispensing sites necessary to complete dispensing medical countermeasures to the jurisdictional population within 36 hours of receiving materiel. 17. Bloomington will complete a Bloomington-Edina-Richfield self-assessment as directed by MDH covering LTAR elements and related public health capabilities on or before March 1, 2013. Bloomington will also complete surveys or L-D—(o respond to requests from the STATE or CDC for the following information throughout this project period. Information categories include but are not limited to: population, site, throughput, staff and volunteer data, staff and volunteer data, staff and volunteer training, updates to plans, access to supplies, materiel handling and transport and storage equipment systems. 18. Bloomington will participate in an LTAR visit in partnership with Richfield to be conducted by MDH and/or CDC during each performance period as directed by the STATE. Bloomington will schedule the LTAR visit with the STATE on or before March 1st of each year and the LTAR visit must be completed on or before April 30th of each year. 19. Bloomington will continue to develop a list of the populations (e.g., residents in LTC or assisted living facilities) in Richfield that have difficulty accessing open mass dispensing sites. Bloomington will continue to conduct outreach to organizations and facilities that reach the identified populations to explore the use of Closed Points of Dispensing (POD). Bloomington will provide a summary of their work as directed by the STATE. Any activities in planning for Closed PODs shall utilize STATE guidance to develop and/or update strategies and plans. 20. Bloomington will, if the STATE so requires, participate in a workshop or seminar sponsored by the STATE to clarify public health roles in a mass fatality event. The STATE shall provide GRANTEES with a sample written mass fatality plan that may be tailored to the jurisdiction and added to the All-Hazards Response and Recovery plan. 21. Bloomington will, if the STATE so requires, participate in a review of Regional Distribution Node (RDN) planning with appropriate regional partners. The RDN plan shall be drafted by MDH staff, in collaboration with grantees. The RDN plan will be reviewed using Section 7 of the LTAR document and other available resources to identify plan gaps and develop a strategy for continuous improvement. CRI Duties 22. During this Agreement period from August 10, 2012 — June 30, 2013 Bloomington will plan at least one (1) full-scale CRI MSA exercise that tests and validates medical countermeasure dispensing plans. Exercises will be developed in accordance with HSEEP. All after action reports/improvement plans will be submitted through the DSNS web-based data collection system before the date set by CDC. Bloomington will also submit all required documents to the OEP Exercise Coordinator in accordance with the standing duties stated within the contract. 23. Bloomington will conduct a minimum of three (3) different DSNS drills during the grant year in accordance with the following: 1. Each drill will be of a different type. Bloomington may not complete the same type of drill more than one (1) time. 2. The three (3) required drills will be chosen from any of the eight (8) available drills as indicated on the DSNS Extranet website. 3. Drill data and/or HSEEP After-Action Reports/Improvement Plans for drills must be submitted through the DSNS Web-based Data Collection System no later than the date set by CDC. Bloomington will also submit all required documentation to the OEP Exercise coordinator in accordance with the standing duties generally as stated within the contract. 24. Bloomington will submit documentation of compliance with the POD standards as described in the Medical Countermeasure Distribution and Dispensing Composite Measure Guide on or before the date set by CDC. C. Payment. Richfield agrees to pay Bloomington $22,411 for PH Emergency Preparedness Services and $10,847 for CRI Duties during the term of this Agreement. This amount of$33,258 shall be paid according to the following terms: a. Bloomington shall bill Richfield for PH Emergency Preparedness Services and CRI Duties as follows: Invoice Date Amount Upon Contract Execution $15,117 February 1, 2013 $9,070 May 1, 2013 $9,071 Payment shall be made within fifteen (15) days of receipt by Richfield of Bloomington's invoice. b. In the event Richfield desires to inspect the financial books and records of Bloomington related to the providing of PH Emergency Preparedness Services and CRI Duties by Bloomington, Bloomington shall make its financial books and records available at the Bloomington City Hall for inspection and copying by Richfield, or any agent, employee, or representative of Richfield, upon reasonable request during business hours. c. In the event of termination pursuant hereto, the payment next due shall be prorated and paid for only the period ended on the date of termination, and Richfield shall pay such reduced payment for the period ended on the date of termination, within fifteen (15) days after receipt of Bloomington's invoice. 25. It shall be the sole responsibility of Bloomington to determine the qualifications, functions, training, and performance standards for all health service personnel who render PH Emergency Preparedness Services and CRI Duties under this Agreement. 26. Bloomington will communicate with Richfield relative to PH Emergency Preparedness Services and CRI Duties to be performed hereunder by Bloomington, such communication to be in the form of reports, conferences, or consultations, as they request. 27. At Richfield's request, and not more than two (2) times during the term of this Agreement, responsible administrative officers from Bloomington shall attend meetings of the Richfield City Council or appropriate board or commission to answer questions and give further information relative to the activities performed and PH Emergency Preparedness Services and CRI Duties rendered under this Agreement. 28. Bloomington hereby agrees to maintain in force its present policy of comprehensive general liability insurance in compliance with Minnesota Statutes, Section 466, and professional liability coverage in the amount of$1.5 million dollars ($1,500,000) per occurrence and $1.5 million dollars ($1,500,000) in aggregate for the term of this contract. D. MISCELLANEOUS PROVISIONS 29. The parties agree to comply with the following laws and regulations: a. ADA. Richfield agrees to comply with the Americans with Disabilities Act of 1990 (ADA) and agrees to hold harmless and indemnify the Bloomington from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought by third parties alleging a violation of ADA by Richfield. Bloomington agrees to hold harmless and indemnify Richfield from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought by third parties alleging a violation of ADA by Bloomington. Bloomington does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Bloomington has designated coordinators to facilitate compliance with the Americans with Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. For information contact the Human Services Division, City of Bloomington, 1800 Old West Shakopee Road, Bloomington, Minnesota 55431; telephone (952) 563-8700; TTY: (952) 563-8740. b. Human Rights. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota Statutes, Section 363A. c. Non-Assignment. The parties agree this Agreement shall not be assignable except at the written consent of both parties. d. Scope of Agreement. This Agreement represents the entire Agreement between Richfield and Bloomington and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. e. Data Practices. Each party will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. 30. Indemnification. a. Richfield shall defend, indemnify and hold harmless Bloomington, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the Richfield's (including its officials, agents, employees or volunteers) performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Richfield. b. Bloomington shall defend, indemnify and hold harmless Richfield, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the Bloomington's (including its officials, agents, employees or volunteers) performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Bloomington. c. Liability for Richfield and Bloomington shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. Nothing in this Section is intended or shall operate as a waiver of any defenses or limitations on liability available under the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. The provisions of this Section are not intended for the benefit of any third party. In the event of any claims or actions filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. 31. Mediation. The parties agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through Conflict Resolution Center, 2101 Hennepin Avenue, Suite 100, Minneapolis, Minnesota 55405. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. I4D —\ 32. Signatory. The person signing this Agreement (hereafter"SIGNATORY") represents and warrants that Richfield has authorized him/her to execute this Agreement on its behalf and agrees to be bound by its terms and conditions, including the Agreement to indemnify and hold Bloomington harmless. In the event Richfield did not authorize the SIGNATORY to sign on its behalf, the SIGNATORY agrees to assume responsibility for the duties and liabilities of Richfield, as set forth herein, personally. IN WITNESS WHEREOF, the parties have hereunto set their hands on the dates written below. CITY OF BLOOMINGTON: Dated: By: Its City Manager Reviewed and approved by the City Attorney. City Attorney CITY OF RICHFIELD: Dated: By: Its Mayor Dated: By: Its City Manager AGENDA SECTION: ORDINANCES AGENDA ITEM# 6 REPORT# 206 MAI STAFF REPORT RICHFIELD CITY COUNCIL MEETING NOVEMBER 27, 2012 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME,TITLE E DEPARTMENT DIRECTOR Y REVIEW: / .4. 1N,, -""- ; JIG TU E v i 7 REVIEWED BY CITY MANAGER: :-- i ITEM FOR COUNCIL CONSIDERATION: Consider approval of an ordinance amendment that will clarify the way in which building height is defined/measured. I. RECOMMENDED ACTION: By Motion: Approve an ordinance amending Subsection 507.07, Subdivision 53 related to the definition of building height. II. BACKGROUND City staff continually monitors and notes areas of the Zoning Code that may require review. The proposed change does not constitute a policy change, but rather clarification of an existing rule. Building height is currently defined as follows: "The vertical distance to the highest point of the roof for flat roofs; to the deck line for mansard roofs; and to the average height between eaves and the ridge for gable, hip and gambrel roofs, as measured from the average elevation of the lot adjoining the front building line." It has come to staff's attention that the definition does not specify which eave or eaves shall be used to calculate the height of gable, hip and gambrel roof heights. Homes with multiple peaks at varying heights could potentially exceed the intended 112712 - 2nd Reading Ord Amend Bldg Height 25-foot height limit. In the following example, calculation using eave #2 would allow for a significantly taller structure. - ridge s��T • r i�_� u S i1 nnmLIn &r E- eave #1 gi NCI 1 . i. lal '�� F- cave #2 itevu ___zzaravi 1 9 Hy _ nowt ELEVATION ...1/8' The proposed amendment clarifies that eave #1 shall be used to calculate building height. III. BASIS OF RECOMMENDATION A. POLICY • The regulations of the Zoning Code are intended to promote harmonious relationships among land uses and to ensure that public and private lands ultimately are used for the purposes that are most appropriate and beneficial from the standpoint of the City as a whole. • Ongoing review and periodic updating of the Code are necessary to ensure that regulations are serving their intended purposes. B. CRITICAL TIMING ISSUES • None C. FINANCIAL • N/A D. LEGAL • A public hearing was held before the Planning Commission on October 22, 2012. • Notice of the public hearing was published in the Sun Current in accordance with State and Local requirements. • The Planning Commission recommended approval of the proposed amendments (7-0). • A first reading was conducted on November 13, 2012. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Approve the ordinance with changes. • Reject the proposed amendment. V. ATTACHMENTS • Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None BILL NO. AMENDMENT TO RICHFIELD CITY CODE SUBSECTION 507.07, SUBDIVISION 53 RELATED TO THE DEFINITION OF BUILDING HEIGHT THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 507.07, Subdivision 53 of the Richfield City Code is amended to read as follows: Subd. 53. "Height of building" — The vertical distance to the highest point of the roof for flat roofs; to the deck line for mansard roofs; and to the average height between the highest roof ridge and its associated eaves and +he ridge for gable, hip and gambrel roofs, as measured from the average elevation of the lot adjoining the front building line. (Figure 4) Sec. 2 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 27th day of November, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk