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051413completeagenda
CITY OF RICHFIELD, MINNESOTA TUESDAY, MAY 14, 2013 SPECIAL CITY COUNCIL MEETING BABCOCK ROOM 5:45 P.M. AGENDA Call to order Roll call 1. Interview of person interested in serving on City advisory commission (Council Memo No. 34) Notes: Adjournment SPECIAL CITY COUNCIL WORKSESSION BARTHOLOMEW ROOM 6:00 P.M. AGENDA Call to order Roll call 1. Public Works discussion on capital investments for streets and sidewalks Notes: Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of the minutes of the (1) Special City Council Meeting of April 23, 2013; (2) Special City Council Worksession of April 23, 2013; (3) Regular City Council Meeting of April 23, 2013; and (4) Special City Council/HRA/Housing Visioning Task Force Meeting of May 7, 2013 PRESENTATIONS 1. Presentation by Hennepin County Commissioner District#5 Randy Johnson 2. Presentation of Certificates of Appreciation to Miss Richfield Ambassador Candidates and current Junior Ambassadors (Council Memo No. 36) 3. Presentation by Richfield Chamber of Commerce regarding Small Business Hall of Fame inductees: Linden Hills Floral and Vinocopia Wine & Spirits 4. Presentation regarding National Public Works Week COUNCIL DISCUSSION 5. Council discussion • Fourth of July parade participation • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 6. Council approval of the agenda CONSENT CALENDAR 7. 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 the first reading of an ordinance relating to the private use of boulevards and unopened rights-of-way amending Section 811 of the Richfield City Code and scheduling the second reading for May 28, 2013 S.R. No. 78 B. Consideration of approval of a resolution authorizing the City Council to affirm the monetary limits on municipal tort liability established by Minnesota Statutes 466.04 S.R. No. 79 C. Consideration of approval of a resolution modifying the Health Care Savings Plan for eligible LELS Local #123 (Police Patrol/Detective) employees S.R. No. 80 D. Consideration of approval of a resolution authorizing the Public Safety Department/Police Division to accept a $100 donation from Alerus Mortgage, given in the name of a City resident S.R. No. 81 E. Consideration of approval of a resolution accepting a donation of$50 to the Police Safety Vest Fund from City Nails S.R. No. 82 F. Consideration of approval of the renewal of the 2013/2014 auction service contract between the City of Richfield and Adesa Minneapolis for auctioning forfeited vehicles from Public Safety/Police S.R. No. 83 G. Consideration of approval of a resolution accepting a $5,782.65 grant received by the Richfield Farmers Market and authorizing the Recreation Services staff to administer the funds in accordance with grant agreements and terms prescribed by donors to operate the Supplemental Nutrition Assistance Program S.R. No. 84 H. Consideration of approval of a resolution authorizing the Source Water Protection Plan Implementation Grant agreement between the City of Richfield and the Minnesota Department of Health S.R. No. 85 I. Consideration of approval of a resolution authorizing agreement for the purchase of 6245 Bloomington Avenue and 6300-16th Avenue for the Taft Park— Richfield Parkway Connection Project S.R. No. 86 J. Consideration of approval of the purchase of a truck chassis from Astleford International Trucks for$92,020 and box/boom from Aspen Equipment for use by the Forestry Division for $79,964 totaling $171,984 plus taxes and licensing S.R. No. 87 K. Consideration of approval of the bid minutes/tabulation and award of a contract for 2013 sidewalk, curb and gutter concrete repair to Ron Kassa Construction, Inc. in the sum of$86,095 and authorizing the Public Works Director to approve additional contract work provided it does not exceed $50,000 S.R. No. 88 L. Consideration of approval of the bid minutes/tabulation and award of a contract for the 2013 sealcoating work to Pearson Brothers, Inc. in the sum of$447,035.95 S.R. No. 89 Notes: 8. Consideration of item(s), if any, removed from Consent Calendar Notes: PUBLIC HEARING 9. Public hearing regarding a resolution granting approval of a conditional use permit and variances for a restaurant with drive thru service at 140-78th Street East, Taco Bell Staff Report No. 90 Notes: OTHER BUSINESS 10.Consideration of an amendment to the Consent Decree in State of Minnesota by City of Minneapolis, et al. v. Metropolitan Airports Commission, et al., Hennepin County Case No. 27-CV-05-5474 Staff Report No. 91 Notes: 11.Consideration of an appointment to a City advisory commission Staff Report No. 92 Notes: CITY MANAGER'S REPORT 12.City Manager's Report Notes: 13.Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: 14.Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. CITY OF RICHFIELD, MINNESOTA Office of City Manager May 9, 2013 Council Memorandum No. 34 The Honorable Mayor and Members of the City Council City of Richfield Subject: Advisory Commission Interview (Agenda Item No. 1) Council Members: In January 2013, the City Council made several appointments to the various City advisory commissions. However, some vacancies remained. Applications continue to be accepted. The attached application was received and an interview as been scheduled. The City Council is scheduled to interview the applicant on Tuesday, May 14, 2013 at 5:45 p.m. in the Babcock Room. Approval of appointment is scheduled for the May 14, 2013 Regular City Council meeting. Please contact me if you have any questions. R .pe tfully subm`ed, e en L. Devic City Manager SLD:cak Attachments E-mail: Department Directors w/partial attachments Assistant City Manager w/partial attachments 8:00 AM 05/06/13 COMMISSION VACANCIES Term Expires ADVISORY BOARD OF HEALTH January 31, 2015 January 31, 2015 ARTS COMMISSION January 31, 2014 January 31, 2014 January 31, 2015 January 31, 2015 January 31, 2016 January 31, 2016 January 31, 2016 FRIENDSHIP CITY COMMISSION January 31, 2014 January 31, 2014 January 31, 2015 January 31, 2015 January 31, 2015 January 31, 2016 Vacancies2011 CITY COUNCIL MEETING MINUTES Richfield, Minnesota ge: 41(ti.eed Special City Council Meeting Advisory Board/Commission Applicant Interview April 23, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:45 p.m. in the Babcock Room. ROLL CALL MEMBERS PRESENT: Debbie Goettel, Mayor; Pat Elliott, Sue Sandahl; Edwina Garcia; and Tom Fitzhenry. INTERVIEW OF APPLICANTS The City Council conducted interviews of the following applicants for appointment to City Advisory Boards and Commissions: Ranee Skinner Brittany Janke ADJOURNMENT The meeting was adjourned by unanimous consent at 6:00 p.m. Date Approved: May 14, 2013. Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MINUTES Richfield, Minnesota ge,C*eed City Special Ci Council Worksession April 23, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:04 p.m. in the Bartholomew Conference Room. ROLL CALL Council Members Debbie Goettel, Mayor; Pat Elliott; Edwina Garcia; Sue Sandahl; and Tom Present: Fitzhenry. Staff Present:: Steven L. Devich, City Manager; Jim Topitzhofer, Recreation Services Director; Chris Regis, Finance Manager; Brandon Klement, Facilities Manager; Mary Tietjen, City Attorney; Corrine Heine, City Attorney; and Cheryl Krumholz, Executive Coordinator. Item # I DISCUSSION REGARDING ICE ARENA IMPROVEMENTS Recreation Services Director Topitzhofer stated that Richfield will soon be home to the metro area's new and only North American Hockey League Tier II Junior A Team, the Minnesota Magicians. He discussed the potential growth opportunities related to arena improvements to accommodate the team. He added that The Academy of Holy Angels is also interested in participating with the possible addition of dedicated locker rooms. Mike Klass, Wold Architects, presented the proposed 2013 pre-design renovations and additions to the arena. He stated a cost analysis and environmental and energy efficiency would be part of the planning process. Council Member Fitzhenry stated parking space would need to be addressed. Recreation Services Director Topitzhofer presented a proposed implementation schedule, including finalizing the preliminary design and cost estimates, introducing special legislation to exempt the Ice Arena from prohibiting beer sales during MN Magicians games, and the capital improvement process required by the City Charter. Rebecca Kurtz, Ehlers and Associates, discussed the issuing of bonds. Scott Meyers, MN Magicians owner; St. Paul Figuring Skating Club representatives and the President of the U.S. Figure Skating Championship Association spoke in support of the proposed renovations. Tom Shipley, Academy of Holy Angels President, expressed support for continued discussion of the renovations, including AHA funding. Special Worksession Minutes -2- April 23, 2013 The City Council consensus was to move forward with the proposed Ice Arena improvements. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:55 p.m. Date Approved: May 14, 2013 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota ge/COeeed Regular Meeting April 23, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:03 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Tom Fitzhenry; Edwina Garcia; and Pat Elliott. Staff Present: Steven L. Devich, City Manager; Jim Topitzhofer, Recreation Services Director; Mike Eastling, Public Works Director; Wayne Kewitsch, Fire Services Director/Fire Chief; Brandon Klement, Facilities Manager; Corrine Heine, City Attorney; Mary Tietjen, 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/Fitzhenry, S/Garcia to approve the minutes of Special Concurrent City Council and Richfield School Board Worksession of April 1, 2013; (2) Special Concurrent City Council and Planning Commission Worksession of April 9, 2013 and (3) Regular City Council Meeting of April 9, 2013. Motion carried 5-0. Item #1 PRESENTATION BY HENNEPIN COUNTY MEDICAL CENTER HONORING FIRE AND POLICE RESPONDERS THAT SAVED PARAMEDIC WAYNE SCHNEIDER'S LIFE IN DECEMBER 2012 Council Meeting Minutes -2- April 23,2013 Doug Gesme, EMS Operations Manager, Hennepin EMS, presented commendations to Richfield responders. Item#2 PRESENTATION REGARDING RELAY FOR LIFE Karen George, American Cancer Society, announced the Relay for Life event on August 2- 3, 2013 at Richfield High School. Item #3 PRESENTATION REGARDING SOUTH SUBURBAN HUB Don Saber and Sharlene Shelton, Hennepin County Human Services Department, discussed the South Suburban Regional Hub Service access which will be located at the new Volunteers Enlisted to Assist People (VEAP) location, 9600 Aldrich Avenue, Bloomington, MN beginning September 9, 2013. Item #4 PRESENTATION BY RICHFIELD FOURTH OF JULY COMMITTEE Katie Robison, President Fourth of July Committee, announced the May 18 Beer Bust and Silent Auction fundraiser at Poor Richards Commonhouse in Bloomington, MN. Item #5 PRESENTATION REGARDING UNITY IN THE COMMUNITY EVENT ON MAY 16, 2013 Shelly Ellard Turner, Co-Chair of Unity in the Community, announced the event. Item #6 ANNUAL MEETING WITH THE ADVISORY BOARD OF HEALTH Chris Olson, Co-Chair, presented the annual report. Item #7 PRESENTATION TO CITY ATTORNEY CORRINE HEINE Mayor Goettel presented a plaque to City Attorney Heine recognizing her service to the City of Richfield. Item #8 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Elliott announced the Penn Open Streets event on September 15, 2013. Council Member Fitzhenry reported on recent Beyond the Yellow Ribbon activity. Mayor Goettel reported on the earlier City Council Worksession regarding the Minnesota Magicians hockey league making the Richfield Ice Arena their home. Item #9 COUNCIL APPROVAL OF AGENDA Council Meeting Minutes -3- April 23,2013 M/Fitzhenry, S/Garcia to approve the agenda. Motion carried 5-0. Item #10 CONSENT CALENDAR A. Consideration of approval of continuing the public hearing to consider plat approval for 6330, 6400 and 6430 Lyndale Avenue (the former Lyndale Garden Center and adjacent property to the north) to May 28, 2013 S.R. No. 70 B. Consideration of approval of a joint powers agreement between the City of Richfield and City of Edina for building and plumbing inspection services S.R. No. 71 C. Consideration of approval of the first reading of the Charter Commission recommendations to amend several sections of the Richfield City Charter and scheduling the public hearing and second reading for May 28, 2013 S.R. No. 72 D. Consideration of approval of a resolution authorizing the agreement for the purchase of a property located 6301 Bloomington Avenue for the Taft Park— Richfield Parkway Connection Project S.R. No. 73 RESOLUTION NO. 10784 RESOLUTION APPROVING AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY LOCATED ON BLOOMINGTON AVENUE FOR THE TAFT LAKE - RICHFIELD PARKWAY CONNECTION PROJECT This resolution appears as Resolution No. 10784. E. Consideration of approval of the revisions to the West Connection and East Connection Bicycle Route Plans as recommended by the Transportation Commission S.R. No. 74 F. Consideration of approval of the rejection of all bids submitted for the renovation of Fire Station 2 S.R. No. 75 City Manager Devich explained that the bids received for the Fire Station 2 renovation were significantly over the estimated cost so the staff recommendation is to reject the bids and, after reviewing alternatives, return to the City Council for direction. M/Goettel, S/Fitzhenry to approve the Consent Calendar. Motion carried 5-0. Item #11 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #12 CONSIDERATION OF THE RICHFIELD RECREATION SERVICES HEALTHY FOOD AND BEVERAGE POLICY FOR ALL CITY OWNED PARK AND RECREATION CONCESSION FACILITIES S.R. NO. 76 Mayor Goettel presented Staff Report No. 76. Recreation Services Director Topitzhofer explained the Smarter Choices Nutrition Guidelines. He added that the City is striving for 40% of the menu of City-owned concessions to be healthier choices. Council Meeting Minutes -4- April 23,2013 Joan Bulfer, Bloomington Public Health, described the healthier menu options, including pricing and promotion. M/Goettel; S/Sandahl to approve the Richfield Recreation Services Healthy Food and Beverage Policy for all City owned park and recreation concession facilities. Motion carried 5-0. Item #13 CONSIDERATION OF AN APPOINTMENT TO A CITY ADVISORY COMMISSION S.R. NO. 77 Council Member Sandahl presented Staff Report No. 77. M/Sandahl, S/Goettel to make the following appointments and extend the length of terms as noted: HUMAN RIGHTS COMMISSION Name Term Expires Ranee Skinner January 31, 2015 Brittany Janke (youth) August 31, 2014 Motion carried 5-0. Item #14 CITY MANAGER'S REPORT City Manager Devich reported on the proposed Local Government Aid formula. Item 15 CLAIMS AND PAYROLLS M/Garcia, S/Sandahl that the following claims and payrolls be approved: U.S. Bank 04/23/13 A/P Checks: 221214-221536 $ 980,681.85 Payroll: 91737 —92047; 42157 -42158 $ 555,073.54 TOTAL $ 1,535,755.39 Motion carried 5-0. OPEN FORUM None. Council Meeting Minutes -5- April 23,2013 ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:09 p.m. Date,Approved: May 14, 2013 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MINUTES Richfield, Minnesota g‘Chilee4 S ecial Cit p City Council/HRA/ Housing Visioning Task Force Meeting May 7, 2013 Council Members Debbie Goettel, Mayor; Sue Sandahl; and Edwina Garcia Present: Council Members Pat Elliott and Tom Fitzhenry Not Present: HRA Members Sue Sandahl, Chair; Debbie Goettel; Steven Quam; and Doris Rubenstein Present: HRA Members David Gepner Not Present: Housing Visioning Mike Andrews; Ghislaine Ball; Ann Dougherty; Michelle Dowell; Adam Task Force Members Fleitman; Heidi Gaibor; Alison Groebner; Gordon Hanson; Jeremy Larson; Present: Jen Lux; Catherine Ragozzino; James Rudolph;Steve Schneeberger; John Suck; and Tom Zarth The City Council participated in a discussion of current community development conditions, as presented by the Urban Land Institute. Date Approved: May 14, 2013 Debbie Goettel Mayor • Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager May 9, 2013 Council Memorandum No. 36 The Honorable Mayor and Members of the City Council Subject: Miss Richfield Ambassador Recognition (Council Agenda Item No. 2) Council Members: This year there are six candidates for Miss Richfield Ambassador and four candidates for Richfield Junior Ambassador. The coronation is scheduled for Friday, July 5 at 6 p.m. in the Richfield High School auditorium. The attached biographies were provided by the Richfield Ambassador Committee. Certificates of Appreciation will be presented at the May 14, 2013 City Council meeting. R sectfuliy submitted, 1` - == 'Ste L. De ich City Manager SLD:tjs Attachment E-mail: Department Directors Assistant to the City Manager 2012-2013 Richfield Junior Ambassadors Adeline Carson, the daughter of Troy and Sara Carson, is a 3rd grader at Seven Hills Classical Academy. She loves spending time outside and enjoys riding her bike to Vets Park in Richfield. She has enjoyed being an ambassador for Richfield this year because she believes it is a nice and fun community. As a Junior Ambassador, Adeline's favorite part has been all the volunteer opportunities that have come her way. She especially enjoyed helping with the golf game at the Richfield Chamber of Commerce Gala in October. Mara Lien is the daughter of Dennis and Leslie Lein. Mara is 8 years old and is in 2nd grade at Sheridan Hills Elementary School. She enjoys bowling, basketball, softball and dancing with the Swedish dance group she belongs to. Her favorite part of being a Junior Ambassador has been meeting so many wonderful people and seeing so many different community festivals. Mara is also proud to represent Richfield as she feels this is a great city to be a part of. One other thing Mara has enjoyed is making a new lifelong friend with the other Junior Ambassador Addy. 2013-2014 Richfield Ambassador Candidates Cherish Kovach is a junior at Richfield High School. She is also proud to be a PSEO student at Normandale Community College, where she has earned over 20 college credits so far. She plans to attend a four year college, with hopes of studying abroad in Germany to improve her foreign language skills and getting a degree in international business. She is well rounded with extracurriculars that range from competitive fiddling, cross country running and track, ballet, and tutoring Spanish. Deepika Pokharel is a junior at Richfield High School. Not only is she proud of her Richfield community but she is also an involved member of the Nepali community. She loves volunteering her time to teach about Nepali culture as well as at the Emergency Food Shelf. She plans to achieve degrees in Computer Science and Fashion Design. Her passions are of the artistic sort. She has been working with a local fashion designer as well as improving her photography skills. Brandi Haar is a junior at Richfield High School. She is very involved at school, participating in softball, theater, and band as well as taking AP courses. Her proudest moment thus far was passing the AP World History exam. She plans to attend a four year college, but is still undecided about her major. Her ultimate goal is the American dream of raising a loving family. Until then, she spends her time reading, dancing, and playing ultimate Frisbee. Dezaray White is a junior at Richfield High School. She is a very committed student and is planning on attending the University of Minnesota-Twin Cities, and then medical school to become a pediatrician. She knows her love for children and her dedication to school will help her reach her goals. She participates on her school's Future Problem Solvers team as well as the soccer team. She is proud to have been voted captain by her teammates for the varsity soccer team. Emily Blom is a senior at Richfield High School. She has a deep interest in people and appreciates all of her friends and the love from her family. She is proud to be a part of the Richfield Ambassador Program for a second year and is excited to make more great memories and represent the city of Richfield. She holds a part time job at Caribou Coffee. She plans on attending Normandale Community College, with plans to major in law enforcement or mechanics...or both! Sarah Catcher is a senior at the Academy of Holy Angels. She works very hard in school and is proud to have been accepted to all of her dream schools. She plans on attending the College of St. Benedict but is still undecided in her major. She has a passion for public speaking. As captain of her school's speech team, she learned much about leadership, confidence, and teamwork. She has been involved in her school's theater program, which she hopes to continue with in college. AGENDA SECTION: CONSENT AGENDA ITEM# 7A REPORT# 78 STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 14, 2013 REPORT PREPARED BY: ELIZABETH FINNEGAN, CIVIL ENGINEER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: VIVA' - SIGNATURE I REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of an ordinance relating to private use of boulevards and unopened rights-of-way amending Section 811 of the Richfield City Code, and schedule the second reading for May 28, 2013. I. RECOMMENDED ACTION: By Motion: 1. Approve the first reading of the attached ordinance related to the private use of boulevards and unopened rights-of-way amending Section 811 of the Richfield City Code. 2. Schedule a second reading on May 28, 2013. II. BACKGROUND The City Charter general provision on adoption of ordinances requires a first and second reading. The Public Works Department would like to amend City Code 811, "Private Use of Boulevards". Currently, City Code 811 excludes the use of unopened rights-of-way. Unopened rights-of-way are defined as any area in which the City has an easement for street or alley right-of-way but that the City has not opened to public travel (Section 811.02(b)). The City wishes to permit private parties to make certain improvements within city boulevards or unopened rights-of-way. These improvements would be authorized by the Public Works Director, with the ultimate goal of keeping City rights-of-way in a state of good repair and free from unnecessary encumbrances. 051413PrivateUseofBlvds/UnopenedROW Specifically, the major revisions in the ordinance concern: • Expanding the permit to include unopened rights-of-way (i.e., easement areas). . • Clarifying the restriction of permanent fencing, retaining walls, and any other feature that may require major efforts to remove or cause an unnecessary encumbrance on the City right-of-way. III. BASIS OF RECOMMENDATION A. POLICY • The City Charter general provision on adoption of ordinances requires a first and second reading on ordinances. A public hearing is not required unless a separate statute, charter provision or ordinance requires it. In this case, there is not a public hearing requirement. B. CRITICAL TIMING ISSUES • The current approval timeline will allow private use of boulevards and unopened rights-of-ways to begin for the 2013 Construction season. C. FINANCIAL • N/A D. LEGAL • This Ordinance Amendment was written by the City Attorney. • There are no legal issues known at this time that would affect passage and implementation of this ordinance. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATIONS) • The Council could choose not to approve the Ordinance Amendment and direct staff on how to proceed. V. ATTACHMENTS • Proposed Amendment to the Ordinance relating to the Private use of Boulevards and Unopened Rights-of-Way. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. BILL NO. AN ORDINANCE RELATING TO PRIVATE USE OF BOULEVARDS AND UNOPENED RIGHTS-OF-WAY; AMENDING SECTION 811 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 811.01 is amended to read as follows: 811.01. - Boulevard defined. Purpose and Intent. land. The City wishes to permit private parties to make certain improvements within city boulevards or unopened rights-of-way as authorized by the Public Works Director, while striving to keep City rights-of-way in a state of good repair and free from unnecessary encumbrances. Sec. 2. A new subsection 811.02 is added to read as follows: 811.02. Definitions. (a) For the purposes of this section, a boulevard means that area within the public right-of-way, located between the back of street curb and the nearest lot line of privately- owned land. (b) For purposes of this section, an unopened right-of-way means any area in which the city has an easement for street or alley right-of-way but that the city has not opened to public travel. Sec. 2. Subsection 811.03 is amended to read as follows: 811.03. Maintenance responsibility. A private property owner is responsible for maintenance of the boulevard or unopened right-of-way directly abutting the owner's property. Such maintenance includes, but is not limited to, mowing grass, watering, and removing weeds. Sec. 3. Section 811 is amended by adding a new Subsection 811.06 to read as follows: 811.06. — Private use of an unopened right-of-way. Within an unopened right-of-way, nothing shall be erected, placed, or installed except for private improvements as authorized by subsection 811.07 of this code. Sec. 4. Subsection 811.07 is amended to read as follows: 811.07. Certain features private improvements. Subd. 1. Definition of private improvement. The City realizes that in certain instances a private property owner may wish to erect, place, or plant certain features private improvements within the boulevard or unopened right-of-way abutting their the owner's land. Such features private improvements include, but are not limited to, ornamental fences, retaining walls, privacy walls, hedges, berms, sidewalks, driveways, pavement, planters, statues, irrigation systems, rock and landscaping (hereinafter"feature" "private improvement"). Private improvements shall not include any permanent features such a concrete foundation or other feature requiring major removal efforts. Subd. 2. Permit required. No person shall erect, place, or plant any featurc private improvement within a boulevard or unopened right-of-way abutting their private property without first obtaining a permit from the Community Services Public Works Director. In addition, any existing feature which does not hold a valid permit shall require a permit at the time of any reconstruction or repair, or earlier if required by the City. If the abutting boulevard is owned by Hennepin County or the Minnesota Department of Transportation, a permit may also be required by such jurisdiction. Subd. 3. Application and fee. A person requesting a permit under this subsection shall submit an application on forms provided by the City, together with the fee established in appendix D. The application shall be accompanied with scale drawings of the boulevard or unopened right-of-way and the proposed f turc private improvement, as well as a written description of the materials and construction methods to be used. Subd. 4 Review of application. The Director may deny any application if the Director determines that the f aturc private improvement would cause, or could cause in the future, any inconvenience to the public. In review of an application, the Director considers factors including, but not limited to, the following: (a) Effect of the fcaturc private improvement on snow plowing and snow storage; (b) Effect of the fcaturc private improvement on public safety, including traffic visibility and pedestrian safety; (c) Effect of the feature private improvement on public land and public or private utilities; and (d) The public necessity and utility of the feature private improvement and the availability of alternate locations for the feature private improvement. To appeal the denial of a permit application, the aggrieved applicant must submit a written request for hearing to the City Manager within seven (7) days following receipt of the decision of denial. Appeals will be heard within 30 days after receipt of the written request by a panel consisting of the City Manager, the Director of Public Safety, and the Director of Community Development, or their designates. The decision of the appeal panel is final. Subd. 5. Permit revocation. The City reserves the right to revoke any permit at any time and for any reason. If the permit is revoked, the property owner has 60 days to remove the private improvement. Subd. 6. Maintenance of feature private improvement. The abutting landowner shall be responsible for the maintenance of any feature private improvement located within the boulevard or unopened right-of-way. Subd. 7. Damage to or by feature private improvement. The City will assume no responsibility and the abutting landowner shall assume all responsibility for any damage caused to or by any feature private improvement located within the boulevard or unopened right-of-way. Subd. 8. Removal requirement. Any feature private improvement not holding a valid permit is deemed to be a public nuisance and is subject to abatement according to subsection 925.07 of this code. The City may bill the property owner for the cost of abatement or assess the cost of abatement against the abutting property in accordance with Minnesota Statutes, chapter 429 or other applicable law. Subd. 9. Conditions. A serson re•uestin• a •ermit under this subsection must: (a) Accept all of the terms of this subsection; (b) Commence and complete the private improvement within the time specified in the application; and (c) Make such private improvement at the person's own sole expense without any expense of any kind to the City. Section 5. This ordinance will be effective , 2013. Adopted this day of May, 2013. By: Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 7B REPORT# 79 STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 14, 2013 REPORT PREPARED BY: JESSE SWENSON,HR COORDINATOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: �! II SIGNATURE, REVIEWED BY CITY 4 MANAGER: LYJ ITEM FOR COUNCIL CONSIDERATION: Resolution authorizing the City to affirm the monetary limits on statutory municipality tort liability I. RECOMMENDED ACTION: By Motion: Adopt a resolution authorizing the City Council to affirm the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. II. EXECUTIVE SUMMARY The City purchases its insurance from the League of Minnesota Cities Insurance Trust (LMCIT). Each year, the City must either affirm or waive its statutory limits of liability by July 1st. After reviewing cost considerations measured against potential risk, the City has, historically, affirmed the liability limits which are $500,000 for an individual claimant and $1,500,000 per occurrence. Staff is recommending the same course of action for the current period. III. BASIS OF RECOMMENDATION A. BACKGROUND A requirement of insurance coverage through the LMCIT is an annual affirmation or waiver of statutory limits of liability. 0515 Tort Liability The current statutory limits of liability for Minnesota cities are $500,000 for an individual claimant and $1,500,000 per occurrence. Cities can waive these limits to allow an individual claimant to recover more than $500,000, up to the $1,500,000 per occurrence limit, if excess liability insurance is purchased. However, the cost of excess liability insurance continues to be very expensive. An additional $1,000,000 of coverage would cost the City approximately $65,000 annually. Slightly more than half of the cities in Minnesota do not waive its limits of liability. B. POLICY • The State Statute establishes liability limits for cities and the current level is $1,500,000, which appears to be a reasonable limit. • Historically, the majority of municipalities in Minnesota do not waive the monetary limits on municipality tort liability as was established by Statutes 466.04. • The Council could waive its statutory limits in future years if a decision was made to do so. • The City Council may also wish to further consider purchasing excess liability in the future. If this is the case it may be purchased at any point in the future. C. CRITICAL ISSUES • The City's insurance policy with the League of Minnesota Cities Insurance Trust will renew on July 1, 2013. This action must be completed on, or before that time. D. FINANCIAL • The City has historically not purchased excess liability coverage because of the cost of such coverage. The annual premium for$1 million of coverage would be between $65,000 and $75,000 if the City does not waive its liability limits. E. LEGAL • The tort liability limits established by Minnesota Statutes have protected cities, historically, and no Minnesota court has ever established a monetary award in excess of the statutory limits against a municipality. • Each city must annually decide whether the City would voluntarily waive the statute for both the single claims each occurrence limits. IV. ALTERNATIVE RECOMMENDATION(S) • If the Council feels that any single claimant should receive more than the $500,000 limit, the Council could elect to waive the statutory monetary limits. • If the Council feels that the $1,500,000 per occurrence limit is not adequate, the City could purchase excess liability coverage. V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. r) S- 1 RESOLUTION NO. RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY MINNESOTA STATUTES 466.04 WHEREAS, Minnesota Statute 466.04 provides for Municipal tort liability limits for Minnesota cities; and WHEREAS, the League of Minnesota Cities Insurance Trust has asked that each city review the tort liability limits and determine if the respective city would choose to waive it's limits; and WHEREAS, such decision to affirm or waive the tort liability limits must be filed with the League of Minnesota Cities Insurance Trust at the insurance renewal date. NOW, THEREFORE, BE IT RESOLVED that the City Manager is directed to report to the League of Minnesota Cities Insurance Trust that the Richfield City Council does not waive the monetary limits on the municipal tort liability established by Minnesota statutes 466.04. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of May, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 7C REPORT# 80 ••Alli STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 14, 2013 REPORT PREPARED BY: JESSE SWENSON,HR COORDINATOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 12-/ � SIC'4TUREf REVIEWED BY CITY 0 MANAGER: C-.- //_ it H'EM FOR COUNCIL CONSIDERATION: Resolution modifying the Health Care Savings Plan for LELS Local #123 Employees. I. RECOMMENDED ACTION: By Motion: Adopt a resolution modifying the Health Care Savings Plan for eligible LELS Local #123 employees. II. BACKGROUND In 2001, the Minnesota legislature granted authority to the Minnesota State Retirement System (MSRS) to offer a post-employment health care savings plan to eligible employees of the State of Minnesota and other governmental subdivisions. MSRS was authorized to administer these plans after they were adopted by governmental subdivisions throughout the state. A post-employment health care savings plan is an employer-sponsored program that allows employees to save money to pay towards medical expenses and/or health insurance premiums after termination of employment. Employees are able to choose among different investment options provided by the State Board of Investment. Assets contributed into the program are tax-free, accumulate tax free, and if used for medical expenses, remain tax-free. Legal authority to establish such plans is provided through Minn. Stat. 352.98 and Internal Revenue Service rulings. The establishment of each plan, including contribution formulae, must be negotiated when dealing with a collective bargaining unit or personnel policy where non-union employees are involved. Once established, the plan must be filed with MSRS to initiate or modify the plan. Participation for each individual employee within a bargaining unit or employee group is mandatory once the plan is established for that respective group. Moreover, the amounts contributed for or by each employee in a particular group must be the same for every employee of the group. Contributed amounts between employee groups will vary however. A Health Care Savings Plan was established by the City Council for LELS Local #123 (Police Officers/Detectives) employee group on October 1, 2004. The LELS Local #123 group has now agreed upon a modification to the plan that modifies severance contributions. Under state statute, plan modifications may be made no more frequently than once every two years. III. BASIS OF RECOMMENDATION A. POLICY • The statutes have been amended to provide the opportunity for a very valuable benefit to city employees. The City of Richfield has offered this benefit to employee groups that are interested in such a mandatory plan. • Approval by the City Council of the attached resolution will provide the City authority to proceed with this modified program for LELS Local #123 employees represented by a collective bargaining unit. Plan modifications made be made ... B. CRITICAL TIMING ISSUES • There is no time critical issue pertaining to the timing of this modification. However, the majority of LELS Local #123 employees have expressed a desire to implement the modified program, so it should be pursued at the City's earliest opportunity. • After City approval, this plan must be submitted to MSRS for filing and implementation. C. FINANCIAL • There is no cost to the City in this version of the plan since the City makes no contribution. In fact, there is a cost savings to the City in that wages and severance pay that the employee contributes to the Health Care Savings plan are not subject to Social Security or Medicare contributions. • The plan provides a great tax savings to the participating employees and provides a tax mechanism to fund post-employment medical costs. D. LEGAL • There is legal authority for this plan in Minnesota Statutes and IRS Code. • The plan modification has been sent to the State for review and has received informal approval. E. ENVIRONMENTAL CONSIDERATIONS • None. IV. ALTERNATIVE RECOMMENDATIONS) • The City Council could decide not to approve this plan modification. In that case, the current plan would remain in effect. However, this decision contradicts the wishes of the majority of this employee bargaining unit. V. ATTACHMENTS • Resolution • Health Care Savings Plan VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. plc- 1 RESOLUTION NO. RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A POST EMPLOYMENT HEALTH CARE SAVINGS PLAN FOR LELS LOCAL #123 EMPLOYEES WHEREAS, Laws of Minnesota 2001, chapter 352.98, authorizes the Minnesota State Retirement System (MSRS) to offer a Post Employment Health Care Savings Plan (Plan) program to state employees, as well as, other governmental subdivisions, and WHEREAS, the Internal Revenue Service Code provides for such Plans, and WHEREAS, the City of Richfield is interested in offering the Plan to eligible City employees as a tax free method for employees to set aside money to cover the ever increasing costs of health insurance and medical costs after termination of public employment, and WHEREAS, such plans must be established by employee group, either through a collective bargaining agreement for union employees or a personnel policy for employees not covered by a collective bargaining agreement, and WHEREAS, the provisions of a Plan have been agreed to by the LELS Local #123 group of City employees and the City of Richfield, and WHEREAS, the proposed plan is a net savings to the City of Richfield. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield hereby authorizes the City Manager to modify the Health Care Savings Plan for the LELS Local #123 group of employees in the City of Richfield. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of May, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Police Patrol/Detective Post Employment Health Care Savings Plan Memorandum of Agreement Between The City of Richfield & LELS Local 123 Effective Date: October 1,2004 Plan Purpose The City of Richfield and the Police Patrol/Detective(LELS Local #123)bargaining unit are interested in establishing a means for eligible employees to participate in a mandatory program to help defray some of the costs of post employment health related expenses, including health insurance premiums using pre-tax dollars. Participation in the Post Employment Health Care Savings Plan, administered by the Minnesota State Retirement System (MSRS), is intended to provide an opportunity to accomplish that goal. Post Employment A Post Employment Health Care Savings Plan(HCSP) is an Health Care Employer-sponsored program that allows eligible employees to: Savings Plan 1) defer payment of a portion of unused vacation and personal leave as a severance payment at the time of termination to pay for eligible health insurance premiums and/or health expenses after separation from City service, and 2) defer a portion of an Employees' bi-weekly salary for deposit into their HCSP for the payment of qualified healthcare related expenses after separation from City service. Employees will be able to choose among several different investment options provided by the Minnesota State Board of Investment. Under the Plan, amounts contributed into the HCSP are tax-free and not subject to FICA contributions. Assets in the HCSP will accumulate tax-free and since payouts are used for qualifying medical expenses,they will also remain tax-free. Eligibility to Participation in the Police Patrol/Detective HCSP is mandatory for all Participate employees that meet the following requirements: 1. The Employee must be a member of the Richfield Police Patrol/Detective Bargaining Unit at the time of termination of employment, and 2. The Employee must have been employed by the City of Richfield for at least 5 consecutive years. `1c - 3 Contribution Mandatory participation in the Police Patrol/Detective HCSP shall be in Formula accordance with, and limited to the following formulas for contributions: I. Bi-weeklv Contribution 1. An eligible Employee with more than 5 but less than 10 years of service must contribute$15 per pay period to the Employee's account in the Police Patrol/Detective HCSP. Such contributions shall not exceed$15 per pay period. 2. An eligible Employee with more than 10 but less than 15 years of service must contribute$20 per pay period to the Employee's account in the Police Patrol/Detective HCSP. Such contributions shall not exceed$20 per pay period. 3. An eligible Employee with more than 15 but less than 20 years of service must contribute$25 per pay period to the Employee's account in the Police Patrol/Detective HCSP. Such contributions shall not exceed$25 per pay period. 4. An eligible Employee with more than 20 years of service must contribute$30 per pay period to the Employee's account in the Police Patrol/Detective HCSP. Such contributions shall not exceed$30 per pay period. II. Severance Contribution 1. Severance based on all accumulated but unused Personal Leave,Vacation Leave,Holiday Leave and Compensatory Time hours shall be paid based on years of employment to the Employee's account in the Police Patrol/Detective HCSP. a. Employees with less than 15 years of employment shall be paid as cash. b. Employees with 15 years or more of employment shall be paid as credit to the Employee's account in the Police Patrol/Detective HCSP. 2. All severance payments based upon Personal,Vacation,Holiday,and Compensatory Leaves are calculated as described above,by multiplying the number of hours by the applicable rate of pay upon termination. Contributions authorized under this Plan shall continue until such time as this memorandum is amended or repealed by the City of Richfield and LELS-Local 123. HCSP The HCSP is authorized under the Internal Revenue Code and is Administration administered by the Minnesota State Retirement System. FOR THE CITY OF RICHFIELD: For LELS #123 —POLICE PATROL/DETECTIVES: City Manager Union representative Administrative Services Director Union representative AGENDA SECTION: CONSENT AGENDA ITEM# 7D REPORT# 81 STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 14, 2013 TODD SANDELL ,PUBLIC REPORT PREPARED BY: SAFETY DIRECTOR/CHIEF OF POLICE NAME,TITLE DEPARTMENT DIRECTOR Mf /RE VIEW: �I►1L1F 1 light.. - ,," V SIGNAT iir REVIEWED BY CITY �'` MANAGER: '/ A.,.. � ) ,_____ r ITEM FOR COUNCIL CONSIDERATION: Council approval of attached resolution authorizing the Public Safety Department/Police Division to accept donation from Alerus Mortgage. I. RECOMMENDED ACTION: By Motion: Approve attached resolution allowing the Public Safety Department/Police to accept $100 donation from Alerus Mortgage, given in the name of a City resident. II. BACKGROUND Public Safety/Police received a letter from Jan Fitzer, a Mortgage Banker with Alerus Mortgage. She indicated that Alerus was making a donation to the Police Department through their "Refer a friend: Build your community" program that makes a donation to the group designated by their client at the time of loan closing. Kaye Rosvold, Richfield resident, who is a client of Alerus, asked that a donation be made to the Richfield Police Department. A copy of the letter received form Alerus is attached. In previous years,other residents asked that Alerus (formerly Residential Mortgage Group) make their donation to Richfield Public Safety/Police and there were no problems involved with the acceptance of the funds. 051413 Resolution accepting donation from Alerus Mortgage III. BASIS OF RECOMMENDATION A. POLICY • Businesses, organizations and occasionally residents are proud of the law enforcement programs and accomplishments in Richfield because the programs and quality of service add to their sense of safety and security as they live and work in Richfield. To ensure that programs continue, they will offer to contribute to specified areas, such as protective vests for officers or a K-9 unit. • Public Safety does not accept financial support unless it is designated for a specific program that will affect the department as a whole. • Minnesota statute 465.03 requires every acceptance of a grant or a devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. • The Administrative Services Department issued a memo on November 9, 2004, requiring that all grants and restricted donation to departments be received by resolution and more than two-thirds majority of the City Council in accordance with Minnesota Statute 465.03. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • The $100 donation will be placed in the Compliance fund to be used towards the purchase of bullet proof vests for police officers. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Council could deny the resolution and the funds would be returned to Alerus Mortgage. However, donations were given in 2007, 2010 and 2012 under this program and it was acceptable. V. ATTACHMENTS • Resolution no. • Letter from Alerus Mortgage to Richfield Police. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None r7 - I RESOLUTION NO. RESOLUTION AUTHORIZING RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE TO ACCEPT A DONATION OF $100 FROM ALERUS MORTGAGE IN THE NAME OF RICHFIELD RESIDENT KAYE ROSVOLD. WHEREAS, the Public Safety Department/Police Division, through its Director, received a check form the company Alerus Mortgage, in the amount of$100 designated to Richfield Police; and, WHEREAS, Alerus Mortgage has a charitable donation program in which they donate funds to Second Harvest Heartland, a school, police or fire department in the community of and in the name of their clients at their loan closing; and, WHEREAS, Minnesota Statute requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council; WHEREAS, the donated funds will be used towards the purchase of equipment for Richfield police officers. NOW, THEREFORE, BE IT RESOLVED that the Director of Public Safety will accept the donation of$100 from Alerus Mortgage in the name of Richfield resident Kaye Rosvold to be placed in the Compliance fund account and used to purchase equipment for the police officers. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of May, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk MORTGAGE Formerly RMG /RESIDENTIAL MORTGAGE GROUP December 15,2012 Richfield Police Department 6700 Portland Avenue South Richfield, MN 55423 Dear Richfield Police Department Staff RMG has a charitable donation initiative program called"Refer a friend.Build your community."TM We are extremely excited about this exclusive initiative. Enclosed you will find a check payable to your organization. Our client or referral source has selected your group to be a beneficiary in conjunction with their loan closing with us. Congratulations! We hope there will be more to come. Listed below is the name of the donor that has selected you: Kaye Rosvold 7244 13th Avenue South Richfield,MN 55423 Every loan that RMG closes can result in up to$100 donated to Second Harvest Heartland,the school,police or fire department in their local community. To date,we have donated more than $915,000 dollars for this program. We believe everyone in our communities will benefit. Call us if you have any additional questions about how this program works. Sincerely, Y Jan Fitzer Loan Officer Enclosure cc: Kaye Rosvold Expert Home Financing. Guaranteed:' AGENDA SECTION: CONSENT AGENDA ITEM# 7E REPORT# 82 mildial STAFF REPORT RIO-MEW CITY COUNCIL MEETING MAY 14, 2013 REPORT PREPARED BY: TODD SANDELL, DIRECTOR/CHIEF OF POLICE NAME,TITLE DEPARTMENT DIRECTOR / lb 1 i , REVIEW: SIGNATU" I: / / REVIEWED BY CITY Lo( MANAGER: ' / ITEM FOR COUNCIL CONSIDERATION: Approve the attached resolution accepting donation from City Nails. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution accepting a donation of $50 to police safety vest fund from City Nails. II. BACKGROUND Richfield Police Department has been presented with a money order in the amount of$50 from City Nails in Richfield. Richfield Police Department has received donations under this program for the past several years from various civic organizations, businesses and private parties. The money order for$50 was received in the mail without a cover letter; just a notation that it was a donation. III. BASIS OF RECOMMENDATION A. POLICY • Businesses, organizations and occasionally residents wish to show that they are proud of the law enforcement programs and accomplishments in Richfield because the programs and quality of service add to their sense of safety and security as they live and work in Richfield. To ensure that programs continue, they will offer to 051413 Approval of Donation from City Nails contribute to specified areas, such as protective vests for officers or the K-9 unit, or to general police programs. • When donations are received without making specific designations, Public Safety accepts the donations with the understanding that the funds will be used for programs affecting the department as a whole. • Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. • The Administrative Services Department issued a memo on November 9, 2004 requiring that all grants and restricted donations to departments be received by resolution and by more than two-thirds majority of the City Council in accordance with Minnesota Statute 465.03. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • The $50 donation will be placed in the compliance fund to be used towards the purchase of police officer safety vests. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Council could deny the resolution and the funds would be returned to City Nails. However, donations have been accepted in past years. V. ATTACHMENTS • Resolution No. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None Known. 7E - 1 RESOLUTION NO. RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE TO ACCEPT A DONATION OF $50 FROM CITY NAILS. WHEREAS, the Public Safety Department/Police Division, through its Director, has been notified that City Nails has presented a money order in the amount of$50 to Richfield Police; and, WHEREAS, Minnesota Statute requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council; and, WHEREAS, the donated funds have been designated by the donor for and will be used towards the purchase of safety vests for Richfield police officers. NOW, THEREFORE, BE IT RESOLVED that the Director of Public Safety will accept the donation of$50 from City Nails to be placed in the compliance fund account and directed for the purchase of police officer safety vests. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of May 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 7F REPORT# 83 STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 14, 2013 REPORT PREPARED BY: JAY HENTHORNE, DEPUTY DIRECTOR/DEPUTY CHIEF OF POLICE NAME,TITLE DEPARTMENT DIRECTOR ' REVIEW: SIGNATU'p REVIEWED BY CITY -'4 7 / MANAGER: Af(?.‘A../ ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of the contract with Adesa Minneapolis for 2013/2014 for auctioning forfeited vehicles from Public Safety/Police. I. RECOMMENDED ACTION: By Motion: 1. Approve the renewal for 2013/2014 of the attached auction service contract between the City of Richfield and Adesa Minneapolis, for auctioning forfeited vehicles from Public Safety/Police. 2. No changes in contract in terms and fees. • II. BACKGROUND The City currently has a contract with Adesa Minneapolis, formerly ABC of Minneapolis, and would like to renew the contract for the year 2013/2014 as the contract expires on April 9, 2013. Adesa's performance during the past year of the contract period with the owners of ABC Minneapolis was satisfactory, as in the previous first year with the new owners. They auction forfeiture vehicles for many cities, including the City of Bloomington. Adesa Minneapolis has submitted the new contract for 2013/2014 with no changes in services or fees. Adesa indicates that, as in the past, they have three different 051413 2013-2014 Contract with Adesa Minneapolis towing services that can handle Richfield, and they will use the least expensive when they can. III. BASIS OF RECOMMENDATION A. POLICY • "Adesa Minneapolis" notified the City that they wish to renew the contract Richfield. • The Public Safety Department wishes to renew the contract with Adesa Minneapolis. • The contract has numerous conditions that must be met. Adesa Minneapolis is a reputable, established auction company that meets all contract requirements. B. CRITICAL ISSUES • A 30-day written notice must be given either party to terminate the contract. • Public Safety must have a company to store and auction forfeited vehicles on April 9, 2013. • Adequate space is not available in the City to store forfeited vehicles. C. FINANCIAL • There are no changes to fees for the contract period 2013/2014. D. LEGAL • The City Attorney has reviewed and approved the past contract with Adesa Minneapolis, and there are no contract changes under the new contract. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • Do not sign the contract; however, Public Safety would need to find other means to auction forfeited vehicles. V. ATTACHMENTS • ADESA Contract for 2013/2014 VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. r- l AGREEMENT BETWEEN THE CITY OF RICHFIELD AND ADESA MINNEAPOLIS THIS AGREEMENT is made and entered into this 8th day of April, 2013 by and between the City of Richfield, a Minnesota municipal corporation located at 6700 Portland Ave., S., Richfield, Minnesota 55423 (hereinafter referred to as the"City"), and ADESA Minnesota, LLC dba ADESA Minneapolis, a Minnesota limited, liability company with its principle business offices located at 18270 Territorial Road, Dayton, Minnesota 55369 (hereinafter referred to as "ADESA"). WITNESSETH WHEREAS, the City comes into possession of and is authorized to retain various motor vehicles which are identified as potentially being subject to forfeiture of other civil processes under the laws of the State of Minnesota as a result of their having been used in the connection with a criminal act(hereinafter referred to as"Forfeiture Vehicles") and upon successful completion of the forfeiture or civil process the City is authorized to dispose of said vehicles in accordance with Section 315 of the Richfield City Code; and WHEREAS, ADESA represents that it has the professional expertise and knowledge to perform its duties as an automobile dealer, and is licensed by the State of Minnesota in that capacity; and WHEREAS, THE City desires to hire ADESA to transport, store, repair, maintain and sell its Forfeiture Vehicles; NOW,THEREFORE, in consideration of the terms and conditions expressed herein, the parties agree as follows: I. TERM OF AGREEMENT The term of this Agreement shall begin April 8th, 2013 and shall continue until April 1st, 2014, subject to termination as provided in Article IV. II. DUTIES OF ADESA A. Upon specific authorization from the City, ADESA agrees to drive or transport those vehicles identified by the City as one of its Forfeiture Vehicles to a secure location to be determined and managed by ADESA. B. Upon receipt of a City Forfeiture Vehicle and except for fire, storm, flood, war, civil disturbance, riot, act of God, lightning, earthquake, or other similar casualty, which is not within the control of ADESA or any act/omission of City or its officers, employees or agents, ADESA accepts full responsibility for it and agrees to exercise due diligence in its care, maintenance and storage of said vehicle until the time that it is sold or released; so as to avoid waste and obtain a reasonable sale price at auction. C. Upon specific authorization from the City, ADESA agrees to perform such minor repair work on the City's Forfeiture Vehicles so as to prepare them for auction and maximize the City's return at auction, but in no event shall such repair work exceed the cost of TWO HUNDRED AND NO/100 DOLLARS ($200.00)without prior, written authorization by the Richfield City Manager or his/her designee. D. Upon specific authorization from the City, ADESA agrees to release the City's Forfeiture Vehicles prior to auction on such terms and conditions as the City may direct. E. ADESA agrees to box and store personal property that is not affixed to, but located within, the City's Forfeiture Vehicles and upon specific authorization from the City to release such property on such terms and conditions as the City may direct. F. Upon specific authorization from the City, ADESA agrees to promptly sell the City's Forfeiture Vehicles in a commercially reasonable manner by an open and competitive automobile dealer or salvage auction. G. ADESA agrees to defend, indemnify and hold harmless the City, 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 ADESA's(including its officials, agents or employees) performance of the duties required under this Agreement, provided that any such claim, damage, 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 ADESA. H. During the term of this Agreement ADESA agrees to maintain general comprehensive liability insurance in the amount of$1,000,000 for any damage to property, theft, loss or other claims as a result of ADESA's negligence or malfeasance in performing this Agreement. In addition, ADESA agrees to maintain such motor vehicle liability insurance as required by state and federal laws. ADESA shall be licensed and bonded in the State of Minnesota to perform its duties under this Agreement and shall provide a certificate of licensure, bonding and insurance to the City. J. ADESA agrees to comply with all applicable local, state and federal laws, rules and regulations in the performance of the duties of this Agreement. K. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting ADESA's staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. ADESA and its staff are to be and shall remain an independent contractor with respect to all services performed under this Agreement. ADESA represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of ADESA or other persons, while engaged in the performance of any work or services required by ADESA under this Agreement, shall have no contractual relationship with the City and shall not be considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or person or personnel arising out of employment or alleged employment including, without limitation, clams of discrimination against ADESA, its officers, agents, contractors or employees shall in no way be the responsibility of the City; and ADESA shall defend, indemnify and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers'Compensation, Unemployment Compensation, disability, severance pay and PERA. L. The books, records, documents, and accounting procedures of the Contractor, relevant to this Agreement, are subject to examination by the City, and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 16C.05, Subdivision 5. � F -� M. ADESA agrees to comply with the Americans with Disabilities Act(ADA), Section 504 of the Rehabilitation Act of 1973 and not discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs or activities. ADESA agrees to hold harmless and indemnify the City from, costs, including by not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA and/or Section 504 caused by the ADESA. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs and activities. The City has designated coordinators to facilitate compliance with the Americans With Disabilities Act of 1990, 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. N. The Contractor will comply with all applicable provisions of the Minnesota Government Data Practices Act., Chapter 13 of the Minnesota Statutes. O. Any Forfeiture Vehicles which ADESA has been authorized and directed to sell but was unable to under the terms of this Agreement shall be returned to the City at a site designated by it as soon as reasonably practicable but in no event more than sixty (60) days from the occurrence of the event making sale under this Agreement impossible. III. DUTIES OF THE CITY A. The City shall consign specifically identified Forfeiture Vehicles to ADESA to sell to the highest bidder at public dealer or salvage auctions. B. The City shall certify that it has good title and right to sell those of its Forfeiture Vehicles which it directs and specifically authorizes ADESA to sell at public dealer or salvage auctions and shall provide and deliver merchantable title to the purchaser upon notification from ADESA. C. The City shall defend, indemnify and hold harmless the ADESA, 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 City's 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 � p 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 City. Notwithstanding the above, City shall also fully defend, indemnify and hold ADESA harmless for and against any and all claims, expenses (including reasonable attorney's fees), suits and demands arising out of, based upon and resulting from alleged or actual damage caused by the forfeiture process or from inaccuracy of the odometer reading on any Forfeiture Vehicle prepared in connection with the sale at auction, unless such inaccuracy is caused by an employee, agent or officer of ADESA. D. The City shall pay to ADESA and ADESA shall deduct from the sale proceeds of the Forfeiture Vehicle, the following amounts as and for its services properly authorized and provided pursuant to this Agreement: 1. Transportation of an operable Forfeiture Vehicle to or from the City of Richfield to ADESA's designated storage site: $50.00. 2. Tow of an inoperable Forfeiture Vehicle (tow or trailer)to or from the City of Richfield to ADESA's designated storage site: Not to Exceed $100.00. 3. Basic cleaning of a Forfeiture Vehicle: $37.00. 4. Complete detail of a Forfeiture Vehicle(vacuum and shampoo carpets, detail interior, etc.): $85.00. 5. Repair of a Forfeiture Vehicle: Shop Rates. 6. Sale by auction of a Forfeiture Vehicle: $110.00. 7. Release of a Forfeiture Vehicle prior to auction: $50.00 redemption, fee plus any charges (i.e., transportation). 8. Storage fee if car is not sold within 90 days: $3.00/day. 9. Inventory fee for lease of personal property: $25.00. IV. TERMINATION Either party may terminate this Agreement for any reason upon thirty(30) days advance written notice to either party. The City reserves the right to cancel this Agreement at any time in the event of default or violation by ADESA of any provision of this Agreement. The City may take whatever action at law or in equity that may appear necessary or desirable to collect damages arising from a default or violation or to enforce performance of this Agreement. V. MISCELLANEOUS A. Any material alterations, variations, modifications or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an amendment to this Agreement and signed by both parties. B. This Agreement shall not be assignable except at the written consent of the City. C. This Agreement represents the entire Agreement between ADESA and the City 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. D. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota Statutes, Section 363. E. The parties hereto agree to comply with Section 504 of the Rehabilitation Act of 1973/31 CFR Part 51. This Act states in part that, "...all recipients of federal funds, whether in the form of a grant or a contract, review, and if necessary modify, their programs and activities so that discrimination based on handicap is eliminated." F. The terms and conditions of this Agreement shall be binding on ADESA's successors and assigns and to the extent any assignee of ADESA. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF RICHFIELD DATED: BY: Director of Public Safety r)F DATED: BY: ADESA MINNEAPOLIS DATED: BY: Its AGENDA SECTION: CONSENT AGENDA ITEM# 7G REPORT# 84 STAFF REPORT o ei CITY COUNCIL MEETING ?Avec MAY 14, 2013 REPORT PREPARED BY: JIM TOPITZHOFER,RECREATION SERVICES DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 0 , IG URE f I REVIEWED BY CITY MANAGER t / � ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing acceptance of grant received by the Richfield Farmers Market in the amount of$5,782.65 and to authorize Recreation Services Staff to administer the funds in accordance with grant agreements and terms prescribed by donors to operate the Supplemental Nutrition Assistance Program. I. RECOMMENDED ACTION: By Motion: Approve the resolution authorizing acceptance of grant received by the Richfield Farmers Market in the amount of $5,782.65 and to authorize Recreation Services Staff to administer the funds in accordance with grant agreements and terms prescribed by donors to operate the Supplemental Nutrition Assistance Program II. EXECUTIVE SUMMARY The Richfield Recreation Services Department is receiving a Supplemental Nutrition Assistance Program grant to fund the administration of SNAP payments for fresh foods at the Richfield Farmers Market in the amount of$5,782.85. The SNAP program benefits citizens that receive food stamp assistance through the use of issued debit cards to purchase local fresh and nutritious food at our Market. The program helps our farmers market to be more accessible to all citizens of Richfield regardless of economic status. III. BASIS OF RECOMMENDATION 0514 Farmers Market Grant Acceptance A. BACKGROUND • The Richfield Farmers has participated in the SNAP program for two years and is experiencing a growth in the number of debit card transactions. The program has a slow start in 2011 with 180 transactions and total of$2,214 of food purchases. In 2012 the number of SNAP transactions increased to 700 fora total of$12,091 of food purchases. B. POLICY • Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property of more two-thirds majority of the City Council. • The Administrative Services Department issued a memo on November 9, 2004 requiring that all grants and restricted donations to departments be received by resolution and by more than two-thirds majority of the City Council in accordance with Minnesota Statute 465.03. C. CRITICAL TIMING ISSUES • None D. FINANCIAL • All of the donations listed were given without obligation to provide any additional matching funds. E. LEGAL • Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property of more two-thirds majority of the City Council. F. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATIONS) • None V. ATTACHMENTS • Council Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING N/A 7G - 1 RESOLUTION NO. RESOLUTION AUTHORIZING ACCEPTANCE OF GRANTS RECEIVED BY THE CITY OF RICHFIELD-RECREATION SERVICES DEPARTMENT AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS PRESCRIBED BY DONORS WHEREAS, Minnesota Statute 465.03 reads in part as follows: Any city, county, school district or town may accept a grant or devise of real or personal property and maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Nothing herein shall authorize such acceptance or use for religious or sectarian purposes. Every acceptance shall be by resolution of the council adopted by two-thirds majority of its members, expressing such terms in full, and WHEREAS, the City of Richfield has received grants and donations as described below: ......___.____._._................__ DATE DONOR PURPOSE AMOUNT May 2013 US Department of Agriculture Farmers Market SNAP $5,783 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: That the City Council of the City of Richfield hereby accepts the grants and donations as listed above and authorizes the City to administer the funds in accordance with grant agreements and terms prescribed by donors. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of May, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 7H REPORT# 85 STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 14, 2013 REPORT PREPARED BY: ROBERT HINTGEN,UTILITY SUPERINTENDENT NAME,TITLE DEPARTMENT DIRECTOR + REVIEW: �J All REVIEWED BY CITY �MAN AGER: � ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing the Source Water Protection Plan Implementation Grant agreement between the City of Richfield and the Minnesota Department of Health. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the Source Water Protection Plan Implementation Grant agreement between the City of Richfield and the Minnesota Department of Health (MDH). II. BACKGROUND According to Minnesota Statute 465.03, the City is required to approve a resolution when accepting grant funding. In February of 2013, the City of Richfield applied for and received the Source Water Protection Plan Implementation Grant. The total grant awarded is $10,000 with funding availability on May 15, 2013. The grant will be used to fund the first year of a 2-year inspection program of all commercial properties to ensure a complete physical separation between the City's water system and private water supplies (wells). These inspections are being scheduled to enforce the existing city ordinance (Section 710.33). When MDH's next grant funding becomes available the City of Richfield will apply for another grant to fund the second year. 05142013 Source water protection grant III. BASIS OF RECOMMENDATION A. POLICY • Minnesota Statute 465.03 requires that the City approve a resolution accepting the funds of the grant money. B. CRITICAL TIMING ISSUES • Terms of the grant agreement are May 15, 2013 through June 30, 2014. The allotted grant funds must be spent by June 30, 2014. C. FINANCIAL • The grant money aids in reducing the costs associated with managing the City of Richfield Wellhead Protection Plan — Part 2. D. LEGAL • The City attorney has reviewed the staff report and resolution. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could choose not to approve the resolution, which would void the acceptance of the grant. V. ATTACHMENTS • Resolution • Minnesota Department of Health Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A SOURCE WATER PROTECTION PLAN IMPLEMENTATION GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF HEALTH FOR $10,000 TO BE USED IN THE CONTINUED DEVELOPMENT, PUBLIC EDUCATION, AND ENFORCEMENT OF THE CITY OF RICHFIELD WELLHEAD PROTECTION PLAN — PART 2. WHEREAS, the City of Richfield Water Department, has applied for and received a Source Water Protection Plan Implementation Grant in the amount of$10,000; and WHEREAS, The City intends to use these funds to aid in the development, education, and enforcement of the City's Wellhead Protection Plan — Part 2; and WHEREAS, Minnesota statute 465.03 requires every acceptance of a grant or devise of real personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The City Council of the City of Richfield hereby authorizes the Mayor and City Manager to enter into a Source Water Protection Plan Implementation Grant agreement with the Minnesota Department of Health in the amount of $10,000. 2. Appropriate City personnel are authorized to administer the funds in accordance with the grant agreement and the terms described by the Minnesota Department of Health. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of May, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk vrn f nrrnc•m MDH Encumbrance Worksheet (Attach to all contracts, grants, and amendments) Vendor Name: Vendor Number: City of Richfield 0000 / / 1 Address: Federal Employer I.D.or Social Security#: 6700 Portland Ave 41-6005490 City,State,Zip: Minnesota Tax I.D. No.(if applicable): Richfield, MN 55423 Starting Fiscal Year: 2013 Total Amount of Amendment: $10,000 Start Date: 06/16/2013 End Date: 6/30/2014 Accounting Information Fiscal Year 1 Fund Dept ID Appr ID Project ID Activity ID Amount • 2302 H123 2137 H12552P $ 10,000 1-1123 $ H123 $ CFDA#(if Federal$) Fiscal Year 2 Fund Dept ID Appr ID Project ID Activity ID Amount H123 $ H123 $ H123 $ CFDA#(if Federal$) Fiscal Year 3 Fund Dept ID Appr ID Project ID Activity ID Amount H123 $ H123 $ H123 $ CFDA# (If Federal$) Financial Management Only Authorized Signature for 177\-J.1)1 Date 9' 1 t.0 ((3 Encumbrance Contract Number 005as Origin Code Purchase Order Number 3 00 DO 140 (4-7 Source Type Category Code ' ` 1 0 ( 3 0 • Account ID 45 , NOTE: This page of the Agreement Contract contains confidential information and should not be reproduced or distributed externally without written permission from the Vendor. Internal circulation of this page should only be to individuals/offices signing this Agreement Contract and those that require access to the tax Identification number. 1 I I I I i � Standard Grant Template Version 1,2 Grant Agreement Number 6rl/5 I pp Between the Minnesota Department of Health and City of Richfield I f Minnesota Department of Health Grant Agreement This grant agreement is between the State of Minnesota,acting through its Commissioner of the Department of Health("State") and City of Richfield ("Grantee"). Grantee's address is 6700 Portland Ave, Richfield,MN 55423 Recitals 1, Under Minnesota Statutes §114D,50 Clean Water Fund,the State is empowered to enter into this Grant Agreement. 2. The State is in need of assisting public water suppliers to protect the source of drinking water. 3. The Grantee represents that it is duly qualified and will perform all the duties described in this agreement to the satisfaction of the State, Pursuant to Minnesota Statutes §16B.98,subd. 1,the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Agreement 1. Term of Agreement 1.1 Effective date May 15,2013,or the date the State obtains all required signatures under Minnesota Statutes §16C.05, subd. 2,whichever is later. The Grantee must not begin work until this contract is fully executed and the State's Authorized Representative has notified the Grantee that work may commence. 1.2 Expiration date June 30, 2014, or until all obligations have been fulfilled to the satisfaction of the State,whichever occurs first. 1.3 Survival of Terms The following clauses survive the expiration or cancellation of this grant contract: 8. I r Liability;9. State Audits; 10.1 Government Data Practices; 10.2 Data Disclosure; 14.1 Publicity; 14.2 Endorsement;and 15. Governing Law,Jurisdiction, and Venue. 2, Grantee's Duties The Grantee,who is not a State employee, shall: - Complete to the satisfaction of the State all of the following duties: -Inspect commercial properties within the boundaries of the DWSMA to ensure a complete physical separation between private water supply wells and the City's water supply system,in order to prevent cross-contamination of the public water supply systems. The inspections will include approx, 260 properties within the DWSMA and will involve verifying that any private wells are not connected to public water supply infrastructure. - On or before the end date of this Agreement, the Grantee shall provide the State with one electronic' copy of all final products produced under this Grant Agreement, including reports,publications, software and videos. 3 - The Grantee shall use the Clean Water Land and Legacy Amendment logo on all materials that are produced under this Grant Agreement(reports,publications,displays,videos). An electronic copy of the logo will be made available to the Grantee. Failure to display the logo may render the Grantee ineligible for reimbursement. j f - The Grantee shall pay in full any contractor hired for the purpose of completing any work under this Grant Agreement within 10 days of receiving payment from the State. - The Grantee shall submit an itemized invoice for the total cost of the project. - The Grantee shall submit a Final Report upon submittal of the Final Invoice. The Final Report shall be due no later than the expiration day of this Grant Agreement. The Final Report shall describe activities undertaken and accomplishments of each task,and any problems encountered in the performance of the work under this Agreement, including the costs associated with completion of the tasks. - In the event the Grantee is unable to begin grant activities or to satisfactorily perform the duties specified in this grant agreement, including but not limited to paying the contractor in full for all work performed by the contractor,the Grantee shall remit to the State within five days of demand all amounts paid to the Grantee pursuant to this Grant Agreement minus any actual expenses incurred and specifically authorized,in advance, by the State and which are documented by adequate invoices acceptable to the State. 3. Time The Grantee must comply with all duties within the time requirements described in this Grant Agreement. The State is not obligated to extend this Agreement. In the performance of this Grant Agreement, time is of the essence,and failure to meet a deadline may be a basis for a determination by the State's Authorized Representative that the Grantee has not complied with the terms of the Grant Agreement and require the Grantee to remit to the State all amounts previously paid to the Grantee. 4. Consideration and Payment 4.1 Consideration The State will pay for all services performed by the Grantee under this Grant Agreement as follows: (a) Compensation The Grantee will be paid according to the following breakdown of costs: Activity Grant Amount Inspection of approx. 260 properties within the DWSMA $10,000 TOTAL $10,000 EF S (b) Travel Expenses The Grantee shall not be reimbursed for any travel or subsistence expenses whatsoever (c) Total Obligation The total obligation of the State for all compensation and reimbursements to the Grantee under this Grant Agreement will not exceed$1 0,000 (ten thousand dollars) 4.2 Terms of Payment (a) Invoices The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted in a timely fashion,upon completion of the services. The State does not pay merely for the passage of time. 9 (b)Invoices must be submitted using the form attached as Exhibit A and sent to:. Attn: Cristina Covalschi Source Water Protection Minnesota Department of Health PO Box 64975 I 1 St.Paul, MN 55164-0975 (c) If the final invoice is not received by the State before the end date of this Grant Agreement,the j Grantee may forfeit the final payment. (d)If necessitated by the nature of the project,the Grantee is allowed to reallocate up to 10%of the • amount originally awarded for a given expense category to another approved category without obtaining permission from the State. Should the Grantee find it necessary to re-budget the Grant beyond the 10% reallocation allowance, a written or e-mail request must be submitted to the State for approval. S. Conditions of Payment All services provided by Grantee pursuant to this Agreement must be performed to the satisfaction of the State, as determined in the sole discretion of its Authorized Representative. Further,all services provided by the Grantee must be in accord with all applicable federal, State,and local laws,ordinances, rules and regulations. The Grantee will not be paid for work that the State deems unsatisfactory, or performed in violation of federal, State or local law,ordinance, rule or regulation. 6. Authorized Representatives 6.1 State's Authorized Representative The State's Authorized Representative for purposes of • administering this agreement is Cristina Covalschi, SWP Grants Coordinator,625 Robert Street N,PO I Box 64975, Saint Paul,MN 55164-0975,Phone number: 651-201-4696,email address: Cristina,Covalschi @State.mn.us, or her successor, and has the responsibility to monitor the Grantee's performance and the final authority to accept the services provided under this agreement. If the services are satisfactory,the State's Authorized Representative will certify acceptance on each invoice submitted for payment. 6.2 Grantee's Authorized Representative The Grantee's Authorized Representative is Robert Hintgen, Utilities Superintendent,address: 1901 East 66th Street,Richfield,MN 55423,phone: 612-861-9181.. The Grantee's Authorized Representative has full authority to represent the Grantee in fulfillment of the terms,conditions,and requirements of this agreement. If the Grantee selects a new Authorized k Representative at any time during this agreement, the Grantee must immediately notify the State. 7. Assignment,Amendments, Waiver, and Merger 7.1 Assignment The Grantee shall neither assign nor transfer any rights or obligations under this I Agreement without the prior written consent of the same parties who executed and approved this Agreement,or their successors in office. 7.2 Amendments If there are any amendments to this Agreement,they must be in writing. Amendments will not be effective until they have-been executed and approved by the same parties who • executed and approved the original Agreement, or their successors in office. 7.3 Waiver If the State fails to enforce any provision of this Agreement,that failure does not waive the provision or the State's right to enforce it. 7.4 Merger This Agreement contains all the negotiations and agreements between the State and the Grantee. No other understanding regarding this Agreement,whether written or oral,may be used to bind either party. 8. Liability Each party will be responsible for its own acts and behaviors and the results thereof;The Minnesota Tort Claims Act, Minnesota Statutes.section 3.736, and other applicable laws governs the State's liability.The Grantee's liability is governed by the Minnesota Municipal Tort Claims Act,Minnesota Statutes chapter 466 and other applicable laws. 9. State Audits Pursuant to Minnesota Statutes § 16C.05, subd. 5,the Grantee's books,records,documents, and accounting procedures and practices of the Grantee,or any other relevant party or transaction, are subject to examination by the State,the State Auditor, and the Legislative Auditor, as appropriate,for a minimum of six (6)years from the end of this Grant Agreement,receipt and approval of all final reports, or the required period of time to satisfy all State and program retention requirements, whichever is later. 10. Government Data Practices and Data Disclosure 10.1 Government Data Practices Pursuant to Minnesota Statutes Chapter 13,the Grantee and the State must comply with the Minnesota Government Data Practices Act as it applies to all data provided by the State under this agreement, and as it applies to all data created,collected,received,stored,used, maintained, or disseminated by the Grantee under this Grant Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this clause,the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before any data is released. The Grantee's response to the request must comply with the applicable law. 10.2 Data Disclosure Pursuant to Minnesota Statutes § 270C.65,subd. 3, and all other applicable laws,the Grantee consents to disclosure of its social security number,federal employee tax identification number,and Minnesota tax identification number,all of which have already been provided to the State,to federal and State tax agencies and State personnel involved in the payment of State obligations. These identification numbers may be used in the enforcement of federal and State tax laws which could result in action requiring the Grantee to file State tax returns and pay delinquent State tax liabilities,if any. 11. Ownership of Materials and Intellectual Property Rights 11.1 Ownership of Materials The State shall own all rights,title and interest in all of the materials conceived or created by the Grantee, or its employees or sub-Grantees,either individually or jointly with others and which arise out of the performance of this grant agreement,including any inventions,reports, studies,designs, drawings,specifications,notes, documents,software and documentation,computer based training modules, electronically,magnetically or digitally recorded material,and other work in whatever form("materials"). The Grantee hereby assigns to the State all rights,title and interest to the materials. The Grantee shall, upon request of the State, execute all papers and perform all other acts necessary to assist the State to obtain and register copyrights,patents or other forms of protection provided by law for the materials. The materials created under this grant agreement by the Grantee,its employees or sub-Grantees, individually or jointly with others, shall be considered "works made for hire" as defined by the United States Copyright Act. All of the materials, whether in paper,electronic,or other form, shall be remitted to the State by the Grantee. Its employees and any sub-Grantees shall not copy,reproduce, allow or . 9 H — ) I cause to have the materials copied,reproduced or used for any purpose other than performance of the Grantee's obligations under this grant agreement without the prior written consent of the State's Authorized Representative. 11.2 Intellectual Property Rights Grantee represents and warrants that materials produced or used under this grant agreement do not and will not infringe upon any intellectual property rights of another including but not limited to patents, copyrights,trade secrets, trade names,and service marks and names, Grantee shall indemnify and defend the State,at Grantee's expense,from any action or claim brought against the State to the extent that it is based on a claim that all or parts of the materials infringe upon the intellectual property rights of another. Grantee shall be responsible for payment of any and all such claims,demands,obligations,liabilities,costs,and damages including,but not limited to,reasonable attorney fees arising out of this grant agreement,amendments and supplements thereto,which are attributable to such claims or actions. If such a claim or action arises or in Grantee's or the State's opinion is likely to arise, Grantee shall at the State's discretion either procure for the State the right or license to continue using the materials at issue or replace or modify the allegedly infringing materials. This remedy shall be in addition to and shall not be exclusive of other remedies provided by law. • 12. Workers'Compensation The Grantee certifies that it is in compliance with Minnesota Statutes §176.181, subd.2,which pertains to workers'compensation insurance coverage. The Grantee's employees and agents,and i • any contractor hired by the Grantee to perform the work required by this Grant Agreement and its employees, will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees,and any claims made by any third party as a consequence of any act or omission on the part of these employees,are in no way the State's obligation or responsibility. 13. Publicity and Endorsement 13.1 Publicity Any publicity given to the program,publications,or services provided resulting from this grant agreement, including,but not limited to,notices, informational pamphlets, press releases, research,reports,signs, and similar public notices prepared by or for the Grantee or its employees I individually or jointly with others,or any sub-Grantees shall identify the State as the sponsoring agency and shall not be released without prior written approval by the State's Authorized Representative,unless such release is a specific part of an approved work plan included in this grant agreement. 13.2 Endorsement The Grantee must not claim that the State endorses its products or services. 19. Termination • . 14.1 Termination by the State The State or Grantee may cancel this Grant Agreement at any time, with or without cause,upon thirty(30)days written notice to the other party. 14.2 Termination for Cause If the Grantee fails to comply with any of the provisions of this Grant Agreement,the State may terminate this Grant Agreement without prejudice to the right of the State to recover any money previously paid. The termination shall be effective five business days after the State mails,by certified mail, return receipt requested,written notice of termination to the Grantee at its last known address. 14.3 Termination for Insufficient Funding The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the work scope covered in this Agreement. Termination must be by written or facsimile notice to the Grantee. The State is not obligated to pay for any work performed after notice and effective date of the termination. However, the Grantee will be entitled to payment,determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if this Agreement is terminated , I I because of the decision of the Minnesota legislature, or other funding source,not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State receiving notice of the same. 15. Governing Law,Jurisdiction, and Venue This Grant Agreement, and amendments and supplements to it,shall be governed by the laws of the State of Minnesota.Venue for all legal proceedings arising out of this grant agreement, or for breach thereof,shall be in the State or federal court with competent jurisdiction in Ramsey County,Minnesota. IN WITNESS WHEREOF,the parties have caused this grant agreement to be duly executed intending to be bound thereby. APPROVED: 1. Grantee 2. STATE AGENCY The Grantee certifies that the appropriate persons(s)have executed the Grant Agreement approval and certification Mat STATEfands have been grant agreement on behalf of the Grantee as required by applicable encumbered as required by Minn.Stat.§§16/1,15 and 160.05, articles,bylaws,resolutions,or ordinances. By: By: (with delegated authority) Steven L. Devich I Title: City Manager Title: Date: May 14, 2013 Date: By: Debbie Goettel. Title: mayor Date: May 14, 2013 Distribution: Agency—Original(fully executed)Grant Agreement Grantee State Authorized Representative • AGENDA SECTION: CONSENT AGENDA ITEM# 7I REPORT# 86 STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 14, 2013 REPORT PREPARED BY: JEFF PEARSON, TRANSPORTATION ENGINEER NAME,TITLE DEPARTMENT DIRECTOR Er REVIEW: SIGNATURE i REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving agreement for the purchase of two properties located at 6245 Bloomington Avenue South and 6300 16th Avenue South. I. RECOMMENDED ACTION: By Motion approve a resolution approving agreement for the purchase of the following two properties for the Taft Park - Richfield Parkway Connection Project: • 6245 Bloomington Avenue South • 6300 16th Avenue South II. BACKGROUND Consistent with City Council direction, staff is working towards the completion of the Taft Lake Water Quality Improvement (TLWQI) Project. This project includes construction of the Richfield Parkway North Connection, water quality improvements at Taft Lake, and improvements at Veteran's Park. Richfield Parkway North Connection On March 22, 2011, the City Council approved the 25 mph Curve Alternative as the future alignment for the Richfield Parkway North Connection between 17th and Bloomington Avenues. The North Connection is a replacement roadway for the Taft Lake Frontage Road and old Cedar Avenue. If all right-of-way is secured by mid- June, the project can remain on schedule to begin construction this summer. 051413 6245Bloom&630016th 419262v1 CAH RC145-624 Project Right-of-Way Acquisitions The Richfield Parkway Connection Project requires additional right of way for construction. In addition to a partial acquisition and permanent easements, three single-family homes will need to be acquired. Appraisal reports were prepared for all three properties. The City public works staff and the right-of-way consultant have negotiated purchase agreements with the property owners of all three parcels. The Purchase Agreement for the first parcel, 6301 Bloomington Avenue South, was approved at the April 23, 2013 City Council meeting. This resolution seeks approval of the purchase agreements for the final two full property acquisitions needed. The purchase price for the property at 6245 Bloomington Avenue South is $169,000. The purchase price for the property at 6300 le Avenue South is $135,000. Both purchase prices are the value as appraised by the City's independent appraiser. The project also requires a partial acquisition of 6239 Bloomington Avenue and permanent and temporary easements. An offer for the partial acquisition has been presented to the property owner. Project Update Attached are copies of the graphics presented to attendees at the Neighborhood Informational Project Meeting held on April 30, 2013 at the Mt. Calvary School Gymnasium. At this time, the project is still on schedule for construction to begin in mid-July and to be completed in October. Staff will continue to update the City Council as project plans are finalized. III. BASIS OF RECOMMENDATION A. POLICY • This project is consistent with City Council direction, the Capital Improvement Plan, the City's Comprehensive Plan, and the City's Comprehensive Surface Water Management Plan. • The City has identified the need to acquire 3 complete properties to construct the Richfield Parkway Connection Project. • In following the procedures set for by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, when a City acquires property, it must be approved by the City Council. B. CRITICAL TIMING ISSUES • In order to keep the project on schedule for the summer of 2013 all property must be acquired by mid-June. • These properties are scheduled to begin the closing process after City Council approval of the attached resolution. C. FINANCIAL • Funding for the Richfield Parkway Connection, including roadway construction and purchase of the impacted parcels, will be provided through the use of Municipal State Aid funds (gas-tax). D. LEGAL • The City attorneys have overseen the property acquisition process and will be available to answer any questions. E. ENVIRONMENTAL CONSIDERATIONS • The Richfield Parkway Connection is required as part of the Taft Lake Storm water Improvements. IV. ALTERNATIVE RECOMMENDATION(S) • The Council may decide to not approve the purchase agreement and direct staff on how to proceed. V. ATTACHMENTS • Resolution approving agreement for the purchase of properties for the Taft Lake - Richfield Parkway Connection Project. • Purchase Agreement for 6245 Bloomington Avenue S • Purchase Agreement for 6300 16th Avenue S • Project Display Graphics from April 30 Neighborhood Meeting VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Impacted Residents '7z- 1 RESOLUTION NO. RESOLUTION APPROVING AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTIES FOR THE TAFT LAKE - RICHFIELD PARKWAY CONNECTION PROJECT WHEREAS, the City of Richfield has undertaken an improvement project, No. CP 410005 (Taft Lake — Richfield Parkway Connection Project) (the "Project"), which involves the extension of Richfield Parkway to connect to Bloomington Ave at 63rd Street; and, WHEREAS, in order to construct the Project, the City Council has determined that it is reasonably necessary to purchase certain real properties located adjacent to 63rd Street, all in the City of Richfield, Hennepin County, Minnesota; and WHEREAS, the City has obtained an appraisal of the property from qualified independent professional appraisers; and WHEREAS, the City staff and consulting right of way agent have negotiated a purchase agreement for the purchase of property located at 6245 Bloomington Avenue and 6300 16th Avenue S. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The City Council hereby approves the purchase agreement for 6245 Bloomington Avenue South, in the amount of$169,000.00. 2. The City Council hereby approves the purchase agreement for 6300 16th Avenue South, in the amount of$135,000.00. 3. The Mayor and City Manager are to execute the purchase agreement for said properties and to take all other actions necessary to effectuate the transfer contemplated by the agreement. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of May, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (the "Agreement") is made as of this*ate day of 2013,by and between Helen Leary, as Trustee of the Leary Family Trust dated 9/9/2003, ("Selle " whether one or more) and the City of Richfield , a Minnesota municipal corporation r "Buyer"). RECITALS A. Seller is the owner of property located at 6245 Bloomington Avenue So., Richfield, Minnesota, which is legally described on the attached Exhibit A ("Property"). The Property includes all plants, shrubs and trees, storm windows and/or inserts, storm doors, screens, awnings, window shades, blinds, curtain-traverse-drapery rods, attached lighting fixtures with bulbs,plumbing fixtures, water heater, heating system, humidifier, central air conditioning, electronic air filter, automatic garage door opener with controls, water softener, cable television outlets and cabling, and built-ins, including dishwasher, garbage disposal, trash compactor, oven(s), cook top stove, microwave oven, hood-fan, intercom and installed carpeting located on the premises which are the property of Seller. The Property also includes the following personal property: NONE. B. Buyer desires to purchase the Property according to the terms and conditions of this Agreement, which includes the right of the Seller to lease the Property from Buyer after closing. AGREEMENT 1. Offer/Acceptance for Sale of Property. The Seller agrees to sell the Property to the City and the City agrees to purchase the same, according to the terms of this Agreement. 2. Purchase Price for Property and Terms. A. PURCHASE PRICE: The total purchase price for the Property is One Hundred Sixty Nine Thousand and 00/100ths Dollars ($169,000.00) (the "Purchase Price"). B. TERMS: (1): EARNEST MONEY. The sum of NO Dollars ($0.00) (the "Earnest Money") shall be paid by the Buyer to the Seller. (2): BALANCE DUE SELLER. Buyer agrees to pay by check or electronic transfer of funds on the date of closing on the Property (the "Closing Date") any remaining balance of the Purchase Price due to Seller according to the terms of this Agreement. 1 419663v2 CAH RC145-661 (3): DEED/MARKETABLE TITLE. Subject to performance by Buyer, Seller agrees to execute and deliver a Warranty Deed or Personal Representative's Deed conveying marketable title to the Property to Buyer, subject only to the following exceptions: a. Building and zoning laws, ordinances, state and federal regulations. b. Reservation of minerals or mineral rights to the State of Minnesota, if any. c. Public utility and drainage easements of record which will not interfere with Buyer's intended use of the Property. (4): DOCUMENTS TO BE DELIVERED AT CLOSING BY SELLER. In addition to the Warranty Deed required at paragraph 2B(3) above, Seller shall deliver to the Buyer: a. Standard form Affidavit of Seller. b. A "bring-down" certificate, certifying that all of the warranties made by Seller in this Agreement remain true as of the Closing Date. c. Certificate that Seller is not a foreign national. d. If an environmental investigation by or on behalf of the Buyer discloses the existence of petroleum product or other pollutant, contaminant or other hazardous substance on the Property, other than asbestos, Seller will provide either (i) a closure letter from the Minnesota Pollution Control Agency (MPCA) or other appropriate regulatory authority that remediation has been completed to the satisfaction of the MPCA or other authority; or (ii) Agreement for remediation/indemnification and security as the City may require. e. Well disclosure certification, if required, or, if there is no well on the Property, the Warranty Deed given pursuant to paragraph 2B(3) above must include the following statement: "The Seller certifies that the Seller does not know of any wells on the described real property." If Seller is unaware of the location of a well and there is a building permit issued for the Property prior to installation of a City water system, the Seller agrees to have a licensed well contractor examine the Property for purposes of locating a well. Buyer will 2 419663v2 CAH RC145-661 be responsible for the cost of sealing any well. f. Any other documents reasonably required by the Buyer's title insurance company or attorney to evidence that title to the Property is marketable and that Seller has complied with the terms of this Agreement. (5) SELLER OPTION TO LEASE OR OCCUPY. At the Closing, Seller may elect to (a) lease the Property from Buyer beginning on the Closing Date, according to the terms and conditions set forth in the Lease attached as Exhibit B; if Seller exercises this option, the Buyer and Seller shall execute and deliver the Lease at Closing; or (b) occupy the Property for a period not to exceed 90 days, according to the terms and conditions set forth in the Escrow andOccupancy Agreement attached as Exhibit C; if Seller exercises this option, the Buyer and Seller shall execute and deliver the Escrow and Occupancy Agreement at Closing; or (c) deliver possession of the Property to Seller on the Closing Date. Seller must make the election at Closing, and Seller's election shall be irrevocable. 3. Contingencies. Buyer's obligation to buy is contingent upon the following: a. Buyer's determination, in its sole discretion, that the results of any environmental investigation of the Property conducted pursuant to this Agreement are satisfactory to Buyer. Buyer shall have until May 30, 2013 to make its determination. In the event Buyer's environmental investigation requires performance by Seller of the obligations in paragraph 2B(4)d, Seller may instead terminate this Agreement. b. Approval by the city council of the City, no later than May 30, 2013 of this Agreement. The contingency at above is solely for the benefit of Buyer and may be waived by Buyer. The contingency at b above may not be waived by either party. If Buyer or its attorney gives written notice to Seller that the contingencies are duly satisfied or waived, the Buyer and Seller shall proceed to close the transaction as contemplated herein. If one or more of Buyer's or Seller's contingencies is not satisfied, or is not satisfied on time, and is not waived, this Agreement shall automatically be void. In that event, Seller shall return the Earnest Money, if any, to Buyer, and Buyer and Seller shall execute and deliver to each other a termination of this Agreement. As a contingent Agreement, the termination of this Agreement is not required pursuant to Minnesota Statutes, Section 559.21, et. seq. Seller is expressly cautioned that this Agreement is not binding until all contingencies have been waived or satisfied. If Seller purchases a replacement dwelling before this Agreement is binding, Seller takes all risk of this Agreement being terminated,including the risk that Seller will be financially responsible for both the Property and the replacement dwelling. 3 419663v2 CAH RC145-661 J--5 4. Title Examination/Curing Title Defects. As soon as reasonably possible after execution of this Agreement by both parties, (a) Seller shall surrender any abstract of title and a copy of any owner's title insurance policy for the property, if in Seller's possession or control, to Buyer or to Buyer's designated title service provider; and (b) Buyer shall obtain the title evidence determined necessary or desirable by Buyer. The Buyer shall have 20 days from the date it receives such title evidence to raise any objections to title it may have. Objections not made within such time will be deemed waived. The Seller shall have 90 days from the date of such objection to effect a cure; provided, however, that the Seller shall have no obligation to cure any objections, and may inform Buyer of such. The Buyer may then elect any of the following: (a) close notwithstanding the uncured objections; (b) commence a condemnation proceeding to acquire the Property by eminent domain, in which instance Seller agrees to stipulate to public purpose and stipulate to the entry of an award in the amount of the Purchase Price; or (c) or declare this Agreement null and void, and the parties will thereby be released from any further obligation hereunder 5. Environmental Investigation. The Seller warrants that the Property has not been used for production, storage, deposit or disposal of any toxic or hazardous waste or substance, petroleum product or asbestos product during the period of time the Seller has owned the Property. The Seller further warrants that the Seller has no knowledge or information of any fact which would indicate the Property was used for production, storage, deposit or disposal of any toxic or hazardous waste or substance, petroleum product or asbestos product prior to the date the Seller purchased the Property. Notwithstanding the above, the Seller's warranty regarding petroleum products does not preclude the presence of heating oil or other similar products used as a heating fuel for the dwelling but the Seller does warrant that if there was a fuel tank on the Property used for the storage of heating oil or other similar product, the Seller has no knowledge of any leak in the tank or contamination caused thereby. Seller hereby grants to Buyer and Buyer's agents a license to enter and evaluate the Property for the purpose of conducting an environmental assessment. Further, the Buyer or Buyer's agent shall have the right pursuant to the license to bring persons and equipment onto the Property, make inspections and perform tests and analyses as Buyer may deem reasonable to determine the presence of any toxic or hazardous waste, substance, or petroleum product or asbestos product, and ascertain soil conditions on the Property. Buyer shall bear the cost of the environmental assessment. If the results of the environmental assessment are not to the satisfaction of the Buyer, the Buyer at its sole discretion may cancel this Agreement; provided, however, that the presence of asbestos may not be not a basis for canceling this Agreement. If the Buyer cancels this Agreement pursuant to this provision, the Buyer shall restore the Property to its original condition or nearly so as is reasonably practicable. 6. Real Estate Taxes and Special Assessments. Real estate taxes payable in the year of closing will be pro-rated between the Buyer and Seller to the Closing Date. Seller shall pay 4 419663v2 CAH RC145-661 all real estate taxes payable in previous years, the entire unpaid balance of all levied special assessments, including installments payable after the year of closing; EXCEPT, Buyer will assume any pending assessments for the proposed 2013 Richfield Parkway improvement project, if that project is approved. Seller also agrees to pay all assessments related to service charges furnished to the Property prior to the Closing Date(e.g., delinquent water or sewer bills, removed or diseased trees), including those charges levied, pending, or certified to taxes payable in the year of closing. If closing occurs prior to the date the amount of real estate taxes due in the year of closing are available from Hennepin County, the current year's taxes will be pro-rated based on the amount due in the prior year. 7. Closing Date. The Closing Date will be on or before June 30, 2013. Delivery of all papers and the closing shall be made at the offices of the City's Public Works Department, 1901 East 66th Street, Richfield, Minnesota 55423, or at such other location as is mutually agreed upon by the parties. All deliveries and notices to City shall be made to the above address and marked to the attention of Kristin Asher. 8. Possession/Utilities/Removal of Property/Escrow. (a) Possession. The Seller agrees to deliver possession of the Property to Buyer not later than the Closing Date, or such later date as may be provided in the Escrow and Occupancy • Agreement or Lease, as applicable, depending upon the election made by Seller at Closing (the "Possession Date"). (b) Utilities. City water and sewer charges, electricity and natural gas charges, fuel oil and liquid petroleum gas shall be pro-rated between the parties as of the Possession Date. Seller shall arrange for final readings as of the Possession Date. (c) Personal Property. The Seller agrees to remove all debris and all personal property not included herein from the Property before the Possession Date. Personal property not so removed shall be deemed forfeited to and shall become the property of the Buyer. The Buyer may charge and the Seller agrees to pay amounts reasonably necessary to remove any debris or personal property then remaining on the Property. The provisions of this paragraph shall not merge with the deed and shall survive closing on the property. Buyer agrees to remove the yard shed, swing set and basketball facilities at its own expense, and Seller may leave said items after vacating the Property. (d) Salvage. Seller may remove the following fixtures from the Property prior to Closing, provided Seller does not cause unnecessary damage to the Property: With regard to any rights of salvage herein, Seller will, and hereby agrees to, cap all gas, water and electric lines, pipes, wires and any other fixtures or systems related to the removal of any salvaged fixtures described herein. Seller agrees and warrants that all doors and windows shall be in place or sufficiently sealed. If Seller elects to lease the Property, this paragraph constitutes the Landlord's written consent to the salvage of items listed in this paragraph. 5 419663v2 CAH RC145-661 9. Seller Warranties. (a) Sewer and Water. Seller warrants that the Property is connected to City sewer and City water. (b) Mechanics' Liens. Seller warrants that, prior to the closing, Seller shall pay in full all amounts due for labor, materials, machinery, fixtures or tools furnished within the 120 days immediately preceding the closing in connection with construction, alteration or repair of any structure upon or improvement to the Property. (c) Notices. Seller warrants that it has not received any notice from any governmental authority as to violation of any law, ordinance or regulation in connection with the Property. (d) Tenants. Seller warrants that the Property is not now occupied by tenants and was not occupied by tenants at the time the Seller first received the Buyer's written offer to purchase the Property. (e) Broker Commission. Each party represents to the other that it has not utilized the services of any real estate broker or agent in connection with this Agreement or the transaction contemplated by this Agreement. Each party agrees to indemnify, defend, and hold harmless the other party against and in respect of any such obligation and liability based in any way upon agreements, arrangements, or understandings made or claimed to have been made by the party with any third person. (f) Structures. The Seller represents that, to the best of its knowledge, the buildings, if any, are entirely within the boundary lines of the Property. The parties acknowledge that the Property is being sold in "as is" condition relating to the structural, operational, and mechanical systems. 10. Closing Costs/Recording Fees/Deed Tax. The City will pay: (a) the closing fees charged by the title insurance or other closing agent, if any, utilized to close the transaction contemplated by this Agreement; (b) fees for title evidence obtained by the City; and (c) the recording fee for the deed transferring title to the City; (d) transfer taxes, recording fees and well disclosure fees required to enable the City to record its deed from Seller under the Purchase Agreement; and (e) recording fee for any mortgage satisfaction document. Seller shall pay other fees and charges, if any, required to make Seller's title marketable. Each party shall pay its own attorney fees. 11. Inspections. From the date of this Agreement to the Closing Date, City, its employees and agents, shall be entitled to enter upon the Property to conduct such surveying, inspections, investigations, soil borings and testing, and drilling, monitoring, sampling and testing of groundwater monitoring wells, as the City shall elect; provided, that Seller is given at least 24 hours' notice. No invasive or destructive testing shall occur without the express written consent of the Seller, and any testing shall not interfere with the right of quiet enjoyment and 6 419663v2 CAH RC145-661 habitability of the Seller while Seller is in possession. 12. Risk of Loss. It there is any loss or damage to the Property between the date hereof and the Closing Date, for any reason including fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on the Seller. If the Property is destroyed or substantially damaged before the closing date, this Agreement shall become null and void, at the City's option. At the request of the City, Seller agrees to sign a cancellation of Agreement. After the date of Closing, the City shall assume all Risk of Loss to the Property and improvements thereon due to fire, vandalism, flood, earthquake or act of God, and hereby waives any claim that City may have against Seller for property damage or loss resulting from such causes, except those resulting from the intentional acts of the Seller. The City will not indemnify or hold harmless the Seller against any claims made by third parties against City for personal injury, death, or damage to third party's property that occur during Seller's possession of the Property. 13. Default/Remedies. If the Buyer defaults in any of the covenants herein, the Seller may terminate this Agreement, and on such termination all payments made hereunder shall be retained by the Seller as liquidated damages, time being of the essence. This provision shall not deprive either party of the right to enforce specific performance of this Agreement, provided this Agreement has not terminated and action to enforce specific performance is commenced within six months after such right of action arises. In the event the Buyer defaults in its performance of the terms of this Agreement and Notice of Cancellation is served upon the Buyer pursuant to Minn. Stat. Section 559.21, the termination period shall be thirty (30) days as permitted by Minn. Stat., Section 559.21, Subd. 4. 14. Notice. Any notice, demand, request or other communication which may or shall be given or served by the parties, shall be deemed to have been given or served on the date the same is personally served upon one of the following indicated recipients for notices or is deposited in the United States Mail, registered or certified, return receipt requested, postage prepaid and addressed as follows: SELLER: Helen Leary 6245 Bloomington Ave. So. Richfield, MN 55423 BUYER: City of Richfield Attn: Kristin Asher 1901 East 66th Street Richfield, MN 55423 7 419663v2 CAH RC145-661 With a copy to: Kennedy& Graven, Chartered ATTN: Catherine B. Rocklitz 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 15. Entire Agreement. This Agreement, Exhibits, and other amendments signed by the parties, shall constitute the entire Agreement between Seller and the City and supersedes any other written or oral agreements between the parties relating to the Property. This Agreement can be modified only in a writing properly signed on behalf of Seller and the City. 16. Survival. Notwithstanding any other provisions of law or court decision to the contrary, the provisions of this Agreement shall survive closing. 8 419663v2 CAH RC145-661 IN WITNESS WHEREOF,the undersigned have executed this Agreement on the date and year above. Buyer: Seller: City of Richfield Veto, of By: Its Mayor And by: Its City Manager 9 419663v2 CAH RC145-661 EXHIBIT A Legal Description of Property Lot 14, Block 9, Girard Parkview Addition, Hennepin County, Minnesota A-1 419663v2 CAH RC145-661 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (the "Agreement") is made as of this 31.1 day of N2013, by and between Edward and Rena Leutschaft, Husband and Wife, ("Seller," w. eth r one or more) and the City of Richfield , a Minnesota municipal corporation ("City' or "Buyer"). RECITALS A. Seller is the owner of property located at 6300 16th Avenue So., Richfield, Minnesota, which is legally described on the attached Exhibit A ("Property"). The Property includes all plants, shrubs and trees, storm windows and/or inserts, storm doors, screens, awnings, window shades, blinds, curtain-traverse-drapery rods, attached lighting fixtures with bulbs, plumbing fixtures, water heater, heating system, humidifier, central air conditioning, electronic air filter, automatic garage door opener with controls, water softener, cable television outlets and cabling, and built-ins, including dishwasher, garbage disposal, trash compactor, oven(s), cook top stove, microwave oven, hood-fan, intercom and installed carpeting located on the premises which are the property of Seller. The Property also includes the following personal property: NONE. B. Buyer desires to purchase the Property according to the terms and conditions of this Agreement, which includes the right of the Seller to lease the Property from Buyer after closing. AGREEMENT 1. Offer/Acceptance for Sale of Property. The Seller agrees to sell the Property to the City and the City agrees to purchase the same, according to the terms of this Agreement. 2. Purchase Price for Property and Terms. A. PURCHASE PRICE: The total purchase price for the Property is One Hundred Thirty Five Thousand and 00/100ths Dollars ($135,000.00) (the "Purchase Price"). B. TERMS: (1): EARNEST MONEY. The sum of NO Dollars ($0.00) (the "Earnest Money") shall be paid by the Buyer to the Seller. (2): BALANCE DUE SELLER. Buyer agrees to pay by check or electronic transfer of funds on the date of closing on the Property (the "Closing Date") any remaining balance of the Purchase Price due to Seller according to the terms of this Agreement. 1 419663v2 CAH RC145-661 (3): DEED/MARKETABLE TITLE. Subject to performance by Buyer, Seller agrees to execute and deliver a Warranty Deed or Personal Representative's Deed conveying marketable title to the Property to Buyer, subject only to the following exceptions: a. Building and zoning laws, ordinances, state and federal regulations. b. Reservation of minerals or mineral rights to the State of Minnesota, if any. c. Public utility and drainage easements of record which will not interfere with Buyer's intended use of the Property. (4): DOCUMENTS TO BE DELIVERED AT CLOSING BY SELLER. In addition to the Warranty Deed required at paragraph 2B(3) above, Seller shall deliver to the Buyer: a. Standard form Affidavit of Seller. b. A "bring-down" certificate, certifying that all of the warranties made by Seller in this Agreement remain true as of the Closing Date. c. Certificate that Seller is not a foreign national. d. If an environmental investigation by or on behalf of the Buyer discloses the existence of petroleum product or other pollutant, contaminant or other hazardous substance on the Property, other than asbestos, Seller will provide either (i) a closure letter from the Minnesota Pollution Control Agency (MPCA) or other appropriate regulatory authority that remediation has been completed to the satisfaction of the MPCA or other authority; or (ii) Agreement for remediation/indemnification and security as the City may require. e. Well disclosure certification,if required, or,if there is no well on the Property, the Warranty Deed given pursuant to paragraph 2B(3) above must include the following statement: "The Seller certifies that the Seller does not know of any wells on the described real property." If Seller is unaware of the location of a well and there is a building permit issued for the Property prior to installation of a City water system, the Seller agrees to have a licensed well contractor examine the Property for purposes of locating a well. Buyer will 2 419663v2 CAH RC145-661 be responsible for the cost of sealing any well. f. Any other documents reasonably required by the Buyer's title insurance company or attorney to evidence that title to the Property is marketable and that Seller has complied with the terms of this Agreement. (5) SELLER OPTION TO LEASE OR OCCUPY. At the Closing, Seller may elect to (a) lease the Property from Buyer beginning on the Closing Date, according to the terms and conditions set forth in the Lease attached as Exhibit B; if Seller exercises this option, the Buyer and Seller shall execute and deliver the Lease at Closing; or (b) occupy the Property for a period not to exceed 90 days, according to the terms and conditions set forth in the Escrow andOccupancy Agreement attached as Exhibit C; if Seller exercises this option, the Buyer and Seller shall execute and deliver the Escrow and Occupancy Agreement at Closing; or (c) deliver possession of the Property to Seller on the Closing Date. Seller must make the election at Closing, and Seller's election shall be irrevocable. 3. Contingencies. Buyer's obligation to buy is contingent upon the following: a. Buyer's determination, in its sole discretion, that the results of any environmental investigation of the Property conducted pursuant to this Agreement are satisfactory to Buyer. Buyer shall have until May 30, 2013 to make its determination. In the event Buyer's environmental investigation requires performance by Seller of the obligations in paragraph 2B(4)d, Seller may instead terminate this Agreement. b. Approval by the city council of the City, no later than May 30, 2013 of this Agreement. The contingency at above is solely for the benefit of Buyer and may be waived by Buyer. The contingency at b above may not be waived by either party. If Buyer or its attorney gives written notice to Seller that the contingencies are duly satisfied or waived, the Buyer and Seller shall proceed to close the transaction as contemplated herein. If one or more of Buyer's or Seller's contingencies is not satisfied, or is not satisfied on time, and is not waived, this Agreement shall automatically be void. In that event, Seller shall return the Earnest Money, if any, to Buyer, and Buyer and Seller shall execute and deliver to each other a termination of this Agreement. As a contingent Agreement, the termination of this Agreement is not required pursuant to Minnesota Statutes, Section 559.21, et. seq. Seller is expressly cautioned that this Agreement is not binding until all contingencies have been waived or satisfied. If Seller purchases a replacement dwelling before this Agreement is binding, Seller takes all risk of this Agreement being terminated,including the risk that Seller will be financially responsible for both the Property and the replacement dwelling. 3 419663v2 CAH RC145-661 4. Title Examination/Curing Title Defects. As soon as reasonably possible after execution of this Agreement by both parties, (a) Seller shall surrender any abstract of title and a copy of any owner's title insurance policy for the property, if in Seller's possession or control, to Buyer or to Buyer's designated title service provider; and (b) Buyer shall obtain the title evidence determined necessary or desirable by Buyer. The Buyer shall have 20 days from the date it receives such title evidence to raise any objections to title it may have. Objections not made within such time will be deemed waived. The Seller shall have 90 days from the date of such objection to effect a cure;provided,however, that the Seller shall have no obligation to cure any objections, and may inform Buyer of such. The Buyer may then elect any of the following: (a) close notwithstanding the uncured objections; (b) commence a condemnation proceeding to acquire the Property by eminent domain, in which instance Seller agrees to stipulate to public purpose and stipulate to the entry of an award in the amount of the Purchase Price; or (c) or declare this Agreement null and void, and the parties will thereby be released from any further obligation hereunder 5. Environmental Investigation. The Seller warrants that the Property has not been used for production, storage, deposit or disposal of any toxic or hazardous waste or substance, petroleum product or asbestos product during the period of time the Seller has owned the Property. The Seller further warrants that the Seller has no knowledge or information of any fact which would indicate the Property was used for production, storage, deposit or disposal of any toxic or hazardous waste or substance, petroleum product or asbestos product prior to the date the Seller purchased the Property. Notwithstanding the above, the Seller's warranty regarding petroleum products does not preclude the presence of heating oil or other similar products used as a heating fuel for the dwelling but the Seller does warrant that if there was a fuel tank on the Property used for the storage of heating oil or other similar product, the Seller has no knowledge of any leak in the tank or contamination caused thereby. Seller hereby grants to Buyer and Buyer's agents a license to enter and evaluate the Property for the purpose of conducting an environmental assessment. Further, the Buyer or Buyer's agent shall have the right pursuant to the license to bring persons and equipment onto the Property, make inspections and perform tests and analyses as Buyer may deem reasonable to determine the presence of any toxic or hazardous waste, substance, or petroleum product or asbestos product, and ascertain soil conditions on the Property. Buyer shall bear the cost of the environmental assessment. If the results of the environmental assessment are not to the satisfaction of the Buyer, the Buyer at its sole discretion may cancel this Agreement; provided, however, that the presence of asbestos may not be not a basis for canceling this Agreement. If the Buyer cancels this Agreement pursuant to this provision, the Buyer shall restore the Property to its original condition or nearly so as is reasonably practicable. 6. Real Estate Taxes and Special Assessments. Real estate taxes payable in the year of closing will be pro-rated between the Buyer and Seller to the Closing Date. Seller shall pay 4 419663v2 CAH RC 145-661 all real estate taxes payable in previous years, the entire unpaid balance of all levied special assessments, including installments payable after the year of closing; EXCEPT, Buyer will assume any pending assessments for the proposed 2013 Richfield Parkway improvement project, if that project is approved. Seller also agrees to pay all assessments related to service charges furnished to the Property prior to the Closing Date(e.g., delinquent water or sewer bills, removed or diseased trees), including those charges levied, pending, or certified to taxes payable in the year of closing. If closing occurs prior to the date the amount of real estate taxes due in the year of closing are available from Hennepin County, the current year's taxes will be pro-rated based on the amount due in the prior year. 7. Closing Date. The Closing Date will be on or before June 30, 2013. Delivery of all papers and the closing shall be made at the offices of the City's Public Works Department, 1901 East 66th Street, Richfield, Minnesota 55423, or at such other location as is mutually agreed upon by the parties. All deliveries and notices to City shall be made to the above address and marked to the attention of Kristin Asher. 8. Possession/Utilities/Removal of Property/Escrow. (a) Possession. The Seller agrees to deliver possession of the Property to Buyer not later than the Closing Date, or such later date as may be provided in the Escrow and Occupancy Agreement or Lease, as applicable, depending upon the election made by Seller at Closing (the "Possession Date"). (b) Utilities. City water and sewer charges, electricity and natural gas charges, fuel oil and liquid petroleum gas shall be pro-rated between the parties as of the Possession Date. Seller shall arrange for final readings as of the Possession Date. (c) Personal Property. The Seller agrees to remove all debris and all personal property not included herein from the Property before the Possession Date. Personal property not so removed shall be deemed forfeited to and shall become the property of the Buyer. The Buyer may charge and the Seller agrees to pay amounts reasonably necessary to remove any debris or personal property then remaining on the.Property. The provisions of this paragraph shall not merge with the deed and shall survive closing on the property. Buyer agrees to remove the yard shed, swing set and basketball facilities at its own expense, and Seller may leave said items after vacating the Property. (d) Salvage. Seller may remove the following fixtures from the Property prior to Closing,provided Seller does not cause unnecessary damage to the Property: With regard to any rights of salvage herein, Seller will, and hereby agrees to, cap all gas, water and electric lines, pipes, wires and any other fixtures or systems related to the removal of any salvaged fixtures described herein. Seller agrees and warrants that all doors and windows shall be in place or sufficiently sealed. If Seller elects to lease the Property,this paragraph constitutes the Landlord's written consent to the salvage of items listed in this paragraph. 5 419663v2 CAH RC145-661 9. Seller Warranties. (a) Sewer and Water. Seller warrants that the Property is connected to City sewer and City water. (b) Mechanics' Liens. Seller warrants that, prior to the closing, Seller shall pay in full all amounts due for labor, materials, machinery, fixtures or tools furnished within the 120 days immediately preceding the closing in connection with construction, alteration or repair of any structure upon or improvement to the Property. (c) Notices. Seller warrants that it has not received any notice from any governmental authority as to violation of any law, ordinance or regulation in connection with the Property. (d) Tenants. Seller warrants that the Property is not now occupied by tenants and was not occupied by tenants at the time the Seller first received the Buyer's written offer to purchase the Property. (e) Broker Commission. Each party represents to the other that it has not utilized the services of any real estate broker or agent in connection with this Agreement or the transaction contemplated by this Agreement. Each party agrees to indemnify, defend, and hold harmless the other party against and in respect of any such obligation and liability based in any way upon agreements, arrangements, or understandings made or claimed to have been made by the party with any third person. (f) Structures. The Seller represents that, to the best of its knowledge, the buildings, if any, are entirely within the boundary lines of the Property. The parties acknowledge that the Property is being sold in "as is" condition relating to the structural, operational, and mechanical systems. 10. Closing Costs/Recording Fees/Deed Tax. The City will pay: (a) the closing fees charged by the title insurance or other closing agent, if any, utilized to close the transaction contemplated by this Agreement; (b) fees for title evidence obtained by the City; and (c) the recording fee for the deed transferring title to the City; (d)transfer taxes, recording fees and well disclosure fees required to enable the City to record its deed from Seller under the Purchase Agreement; and (e) recording fee for any mortgage satisfaction document. Seller shall pay other fees and charges, if any, required to make Seller's title marketable. Each party shall pay its own attorney fees. 11. Inspections. From the date of this Agreement to the Closing Date, City, its employees and agents, shall be entitled to enter upon the Property to conduct such surveying, inspections, investigations, soil borings and testing, and drilling, monitoring, sampling and testing of groundwater monitoring wells, as the City shall elect; provided, that Seller is given at least 24 hours' notice. No invasive or destructive testing shall occur without the express written consent of the Seller, and any testing shall not interfere with the right of quiet enjoyment and 6 419663v2 CAH RC145-661 habitability of the Seller while Seller is in possession. 12. Risk of Loss. It there is any loss or damage to the Property between the date hereof and the Closing Date, for any reason including fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on the Seller. If the Property is destroyed or substantially damaged before the closing date, this Agreement shall become null and void, at the City's option. At the request of the City, Seller agrees to sign a cancellation of Agreement. After the date of Closing, the City shall assume all Risk of Loss to the Property and improvements thereon due to fire, vandalism, flood, earthquake or act of God, and hereby waives any claim that City may have against Seller for property damage or loss resulting from such causes, except those resulting from the intentional acts of the Seller. The City will not indemnify or hold harmless the Seller against any claims made by third parties against City for personal injury, death, or damage to third party's property that occur during Seller's possession of the Property. 13. Default/Remedies. If the Buyer defaults in any of the covenants herein, the Seller may terminate this Agreement, and on such termination all payments made hereunder shall be retained by the Seller as liquidated damages, time being of the essence. This provision shall not deprive either party of the right to enforce specific performance of this Agreement, provided this Agreement has not terminated and action to enforce specific performance is commenced within six months after such right of action arises. In the event the Buyer defaults in its performance of the terms of this Agreement and Notice of Cancellation is served upon the Buyer pursuant to Minn. Stat. Section 559.21, the termination period shall be thirty (30) days as permitted by Minn. Stat., Section 559.21, Subd. 4. 14. Notice. Any notice, demand, request or other communication which may or shall be given or served by the parties, shall be deemed to have been given or served on the date the same is personally served upon one of the following indicated recipients for notices or is deposited in the United States Mail, registered or certified, return receipt requested, postage prepaid and addressed as follows: SELLER: Edward and Rena Leutschaft 6300 16th Ave. So. Richfield, MN 55423 BUYER: City of Richfield Attn: Kristin Asher 1901 East 66th Street Richfield, MN 55423 7 419663v2 CAH RC145-661 With a copy to: Kennedy& Graven, Chartered ATTN: Corrine Heine and Catherine B. Rocklitz 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis,MN 55402 15. Entire Agreement. This Agreement, Exhibits, and other amendments signed by the parties, shall constitute the entire Agreement between Seller and the City and supersedes any other written or oral agreements between the parties relating to the Property. This Agreement can be modified only in a writing properly signed on behalf of Seller and the City. 16. Survival. Notwithstanding any other provisions of law or court decision to the contrary,the provisions of this Agreement shall survive closing. 8 419663v2 CAH RC145-661 IN WITNESS WHEREOF,the undersigned have executed this Agreement on the date and year above. Buyer: Seller: City of Richfield By: Edward Leutschaft Its Mayor /1°°A` • Rena Leutschaft P And by: Its City Manager 9 419663v2 CAH RC145-661 EXHIBIT A Legal Description of Property Lot 1, Block 10, Girard Parkview Addition, Hennepin County, Minnesota A-1 419663v2 CAH RC145-661 z-aa •dhstruction Stain ..., ...,,, .,........, , . . _,.. •..„.....,,,.. 77..,,, „ , ,.., t., I, ... itii. 1 p 1.- - . .. 7 - ---. Taft , Park ' E63rd i IT S . Street _ . 7'; , , tY 1 c r . . _ . 4: = ", .Cedar Point' • �-: , --e W u' 4, , ,1 :Commons I - ' yy����I 'C• 41 yIf..-.:,:f,r C' h:Itlt•1111 -t... ` _..'4!n ! t Y,; K ,1"111q !1'f�1 .._ „� Itggrte ` E 64th Street ! `• Stage I - 4 Weeks Stage I - Detour Route ' " �; ' Taft Park E 63ii1• •°1 \ :! a ui•. Street —} .fig. 't �.i 1 +�eT N - r`. t,. t 1 ' "'IIP++WWW o �` a .Cedar Point `. : . '' .:(' ,1 Commons �. .` t• ,,, i :•,' :¢ IQ •- ia.4 c° ,1:11i1n11.•"rr'N I - a �• 3•°' ,.• it ' _ i _ w "� W ..tr1tf��•4- i l �' } 1 f • i, -,4.'k.,_ t! if` t + / `1 11-11-. - } I ''' -. � . E 64tfStreet _. § I t,I. • C t: t Stage 2 - 6 Weeks Stage 2 - Access for CenturyLink and Zerorez and Taft Park South Lot. S : r.i .i 74 �Taft � L---.:-,3!••,' �; "i 1, , r . Park \`. o� 4;1 'L -. ,` #-. T' • 63rd UUU��, .Gs 5 --f yt • s 't " �.alp: . S I�f: S 1`-1 w.:. . ' * .. ,.1'2;3' s T.1 p , tl' ,t -kj., z . I', k',. `' 1■ .. �`� , a `� 411 __COmrnons "r .b:'+r- . ts "} :•1 - 1 t- iE 3 { �'n'1.1=,-; �'m e iY •o .., aw C � °j1,1 llfi l-. _ 1 R ?/,.:t ;-. 4> 3 ' t ;�SiIle F _..., •1 -111 _ _ '(/ '{ ''• t E 64th street _... k `1 'r1•�1.1. -• _^ 1--'a�irxi Stage 3 - 2 Wee lcs Stage 3 - Access for CentruyLink and Zerorez. RICHFIELD n ( /� / /� �}/ A cJ\ Lef2T L£LQ �aT waLJ . VO'Zt/ COYLf£e�'LOYL WSB AIIIMIIIIIIL imeIine and Cost TIMELINE* Plans Complete - Late May 2013 Finalize Property Acquisition - June 2013 Construction - July 2013 - October 2013 * NOTE: Schedule assumes timely completion of property acquisition. COST Project Cost: - Estimated $ 1 .8M Possible Funding Sources: - Minnehaha Creek Watershed District - Metro State Aid (Gas Tax) - Storm Water Utility Fund RICHFIELD /� / /� �/� L /J L - cJ\ LC'/�LEf Partkway �J V O'LtI (�DffEC'tLDYL WSB ■ ro ect Timeline a TIMELINE* Finalize Property Acquisition - Summer 2013 Plans Complete - Fall 2013 t Bid/Award - January 2014 Construction - May 2014 - August 2014 kg rtc".t _1., , r r• t ,_-',P- _r rr7 a r - ,,- a a< +y N !>$, '!] U r •• x € y 14°' a `•+% .� Future Regional Trail r, tan t i:{- . Y t g 6i 4 `-a t'4. ( ,Connetton to iris I . a z iv < lr �. (4o14)' { {y r(��y I y�ig ,jiEc FVtu'Reoa•elo ant Area 1 )li _Oe l I `•+4 ¢. 5.r .r -k41 I4-4.-----�d 'fit`•R . �l jlr °"'{ Tt 1'3t". �""7 ■ .•,r,,„ { _^ r I _ - ' , .."r"`°'``_ ",r rf 1`8B sag po if+, 3) '4, .r, '� >� 1 �,{;-•'s it.;# -%1 ice > t Future Re onal Trail �1/�,�1i1 ffa I (0749to Blooming`o _..__ .. �.}���1® 1 ®1��® ,fi/S�.'S k q ■ ' chf �.• �eT esafaa. a.aa . a PothANd Parkway G _ ��+�"� Connachon t -, i!- D ri n—��++yy,, d - I +. .� }fir]► ,`�:V r ? R:h area k.ay Pnele 11 � _ •' .Y �i � y��� Pro�6.t Ar5d � n _ r _ '''''• iY :e -,ate r '.r i^ p 1 . 2 i 11 �; t r � llse�,{ ill 1 �'h !a .I y f.I ;-_are T a4a jr i .. .Flew°` RICHFIELD Richfield Parkway Phase II WSB &9.csocinles,/ac. 1 Fo 'ect e ,.. 1 vim- - .7, ,..,,....., ,,, -1 tow ^�_ ' 1,•,. ! I '• �� f n Taft r- .,, Park 4 •j . � • I ;gn E 63rd Street s • a� —� �/ °� rF >:,.t 4 . is - -.•• •- 7 7-A T r , r A'y ,1,C 1 'fi 0 11 F�Ty Milli 3-a► s R -fir-•,� �.Ci ,tom �., t . ::� � .6 r+ trr s -t•"7".`:+ s I , r1c. ;7YS `r + r+ �1f L `-� 1 1- . 1 E • ' ' f.,t , , Rt ..rc r 'i .1. ( ,1 , ,:,,. `; \ , A„y . ` 1 ( C°eda -%°C�ctit 11� r L!'. �`- • r: A °� ∎ - loot" h �~ f1:�,11 1�1� 1 . ^'fA/=.�•QI _ Arilef■ J : — -1\ ,' ,; Ki '' '. ,,.....a. ,' s 4 V * i .Pl&' 11‘3 ' - -I ., e. .++ a ..�" .r f (Ytia Street r. II c pA ' s' , I r 1 i�'a1 :4 {:R - <f f eRi 2I f id'd a¢kuray _Illoa n t� �onEetion WSB AGENDA SECTION: CONSENT AGENDA ITEM# 7J REPORT# 87 STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 14, 2013 REPORT PREPARED BY: CHRIS LINK OPERATIONS SUPERINTENDENT NAME,TITLE DEPARTMENT DIRECTOR REVIEW: ® ,,i _ ii/ ___ _ - V SIGNATURE IF I REVIEWED BY CITY MANAGER: ITEM NCIDERATIO Consideration of the purchase of a FOR Log COU Truck for IL use CONS by the Forestry N:Division I. RECOMMENDED ACTION: By Motion: Approve purchase of Truck Chassis from Astleford International Trucks for $92,020 and box/boom from Aspen Equipment for $79,964 totaling $171,984 plus taxes and licensing. II. EXECUTIVE SUMMARY Richfield Forestry Staff uses the Log Truck on a daily basis. This truck is used to load smaller logs into the chipper and hauls larger logs from the job site when completing tree removals. This is a specialized piece of equipment that requires the purchase of a truck chassis and box/boom to be purchased separately. Chassis The truck chassis will be purchased using the State of Minnesota Cooperative Purchasing Program. This program enables the City to purchase truck chassis at the lowest possible price. Box/Boom Because this is a specialty piece of equipment cooperative programs are not available. Two quotes were obtained for this purchase. Quotes were obtained from: • Aspen Equipment $79,964.00 • Truck Utilities $82,793.00 The current log truck has outlasted its scheduled replacement date. The City's mechanics have deemed that it is no longer cost effective to make major repairs. The original piece of equipment was purchased in 1995 and will be resold at auction after delivery. III. BASIS OF RECOMMENDATION A. POLICY • When the purchase of materials, merchandise, equipment, or construction exceeds $50,000, authority to purchase shall be submitted to the City Council for consideration. • The City of Richfield participates in the Minnesota State Cooperative Purchasing Program which allows the City to purchase goods, certain services and utilities from contracts established by the Materials Management Division. • Contracts or purchases between $10,000 and $100,000 may be made by direct negotiation, by obtaining two or more quotations for the purchase when possible. B. CRITICAL TIMING ISSUES • Approval at this meeting will allow sufficient time for delivery of the chassis and building of the box to be complete by the end of the year. • It also assures the purchase occurs in the year the equipment was budgeted. C. FINANCIAL • Purchase of the log truck is identified in the 2012R-2013P Central Garage Budget (61000-7500) for $90,000. However, the Revised 2013/Proposed 2014 Central Garage Budget will be updated to eliminate a line item for a $170,000 Dump Truck to allow for the remainder of the total purchase of the log truck D. LEGAL • When the purchase of materials, merchandise, equipment, or construction exceeds $50,000, authority to purchase shall be submitted to the City Council for consideration. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATIONS) • Council may delay approval to a later meeting. Delayed approval, however, will result in delayed delivery. V. ATTACHMENTS • Drawing of Log Truck VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None T.-g ,_:-.,.=. ,r1 ?,', rT, PA-2-, II 1-ir .,,,,,,.., _ --_ t __„_._...„ F•pz,F,,, wil= _5 ... o. MPle .;;!1. \./111, ,, \ 1 1 : ''ital 1 ' -----T---- 1-• —0 , • -: ---- , I __ 1=1 Ifil / / 1 l-, a. .. 1 %. .• 0 \ . a.•.' , , 1 II 1-4 ] I , - I E---- , , / 1 ill . 1 1 , 1 r , __ \,:,,i ■ 123 0 ''''-'• ---- 4 trilitlit /'Yfr ' \\ Vt" fil13. : ZU14i -=, •- - Y2 31 F t',;,7; T c' 1" 6,,,, G 1' g- •■•■■ 2 -0 gi G = =o CONFIDENTIAL WE ..k41111 IA N8 t'51jr;,' 1 II 1 ---- ,llhk;,-:--"N...ID \ --- 7 I 1 0,4.1i1,,r6._ i 31g;,,s. - —iii , K.11* " - ill lir -----"; , ._„, 10 11 ( 0 1[4" WOK I. =', 6 g , 1 Wil011. 4- ID n,•,,T ..v.,3; „ —=x1, 13 • - 0 , a_ - 1 17!--- • 1 • il „-et/v,r) 1 -r'' -. j„.4 3 IIIL e' .P7i 11 - -,..,,, ?,.= ,F4 r §,,=-21 j I1 61 1 V.6"t 1 1 AGENDA SECTION: CONSENT AGENDA ITEM# 7K REPORT# 88 ENNA!!! STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 14, 2013 REPORT PREPARED BY: DERICK ANDERSON, ENGINEERING TECHNICIAN DEPARTMENT DIRECTOR REVIEW: / REVIEWED BY CITY � f MANAGER: �jI �i f •! ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract for the 2013 Concrete Sidewalk, Curb and Gutter Repair. I. RECOMMENDED ACTION: By Motion: 1. Accept the bid minutes/tabulation and award a contract for 2013 Sidewalk, Curb and Gutter Concrete Repair to Ron Kassa Construction, Inc. in the sum of $86,095.00. 2. Authorize the Public Works Director to approve additional contract work provided it does not exceed $50,000. II. BACKGROUND Each year the City awards a contract to replace cracked and heaved sidewalk, curb and gutter, and other concrete as necessary at various locations throughout the City. Due to budget constraints, repairs are generally concentrated in the sealcoat area and only curbs in the worst condition are made. Other repairs are made as identified. The contract specifications are written early in the year when not all 2013 concrete needs have been identified. Therefore, the contract provides for an increase/decrease in quantities to meet the required amount of work based on available budget. 051413SideCurbGutter III. BASIS OF RECOMMENDATION A. POLICY • As part of the City's street maintenance program, each year the City contracts to replace cracked and heaved curb and gutter and other concrete work. B. CRITICAL TIMING ISSUES • Concrete repair work is scheduled to begin June 3, 2013 in order to be completed July 24, 2013 in advance of Sealcoating. C. FINANCIAL • A recent history of prices for curb repair (remove and replace) is: Year Bid Price Curb R&R ($/ft) Contractor 2008 $14.96 Create Construction 2009 $18.00 Ron Kassa 2010 $19.00 Ron Kassa 2011 $21.00 Ron Kassa 2012 $21.00 Ron Kassa 2013 $23.00 Ron Kassa • The Budget for the purchase of concrete repairs is $90,000 from the 2013 Street Maintenance Budget, line item 6315 (Other Contractual Services), and $45,000 from the 2013 Storm Maintenance Budget, line item 6205 (Maintenance and Repairs). D. LEGAL • When the amount of a contract is estimated at between $25,000 and $100,000, the City may let the contract by sealed bids or by negotiation. • The advertisement for bids for this contract was published in the Richfield Sun-Current on April 4, 2013 and on the QuestCDN website on April 4, 2013. • A bid opening was held on May 25, 2013, and three bids were received. Ron Kassa Construction, Inc. submitted the lowest bid. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • Council may choose to reject the bid and direct staff to obtain new bids. • Council may choose to not do the work. V. ATTACHMENTS • Bid minutes/tabulation. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. � K- 1 CITY OF RICHFIELD, MINNESOTA Bid Opening April 25, 2013 10:15 a.m. 2013 Concrete Sidewalk, Curb and Gutter Repair Bid No. 13-03 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud bids for 2013 Concrete Sidewalk, Curb and Gutter Repair, as advertised in the official newspaper on April 4, 2013. Present: Nancy Gibbs, City Clerk Derick Anderson, Civil Engineer Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Bidder's Name Bond Total Base Bid Standard Sidewalk, Inc. Provided $ 110,457.50 Blaine, MN Ron Kassa Construction Inc. Provided $ 86,095.00 Elko, MN Urban Companies Provided $ 153,950.00 St. Paul, MN The City Clerk announced that the bids would be tabulated and considered at the May 14, 2013 City Council Meeting. Nancy Gibbs City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 7I, REPORT# 89 STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 14, 2013 REPORT PREPARED BY: DERICK ANDERSON,ENGINEERING TECHNICIAN DEPARTMENT DIRECTOR i REVIEW: SIGNAT REVIEWED BY CITY ► MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract for the 2013 Pavement Management Project. I. RECOMMENDED ACTION: By Motion: Accept the bid minutes/tabulation and award contract for 2013 Sealcoating work to Pearson Brothers, Inc. in the sum of $447,035.95. II. BACKGROUND In 1995, Council initiated an ongoing street maintenance program. That program included sealcoating and asphalt crack repair for all residential streets. Mill and overlay was later added for streets that were becoming too deteriorated for sealcoat. That policy direction was established to maintain the quality of the streets for residents. Sealcoating has been the leading cost-effective technique for slowing the deterioration of our residential streets. The sealcoating process involves applying a thin coat of emulsified oil, then covering it with rock. The franchise fee, implemented in 2004, solely provides the funding for the City's Pavement Management Program. 05142013 Pavement Mgmt III. BASIS OF RECOMMENDATION A. POLICY • In 2011, the pavement maintenance policy was revisited and set to sealcoat the entire city in four projects over a 6 year cycle. Excess franchise fee funds are banked and then spent on mill and overlay projects during the two years that sealcoating does not take place, at an average of 2 miles/year. Rout and seal takes place only on new mill and overlay streets. B. CRITICAL TIMING ISSUES • Regular preventive maintenance techniques, such as sealcoating and mill and overlay, delays costly reconstruction projects. C. FINANCIAL • The cost of oil used for sealcoating and the installed price of rock are both up 10% from 2012 prices. • A recent history of bid prices for Sealcoating: Year Bid Price Rock Bid Price Oil Contractor 2005 $20.00 /ton $0.86 /gal Pearson Brothers 2006 $21.52 $1.39 Pearson Brothers 2007 $25.35 $1.76 Pearson Brothers 2009 $27.00 $2.15 Pearson Brothers 2011 $0.34* $2.19 Pearson Brothers 2012 $0.51* $2.39 Pearson Brothers 2013 $0.56* $2.63 Pearson Brothers *Starting in 2011, unit price for bidding switched from per ton to per square yard and the aggregate switched to trap rock from "buckshot". • The budget for sealcoating is $470,000; provided by the City's Franchise Fee; and is in the 2013 Street Maintenance Budget, line item 6315 (Other Contractual Services) D. LEGAL • When the amount of purchase is estimated to exceed $100,000, sealed bids shall be solicited by public notice in the manner and subject to the law governing contracts or purchases by the City of Richfield. • The advertisement for bid was published in the Richfield Sun-Current on April 4, 2013 and on the QuestCDN.com website on April 4, 2013. • The City has followed the competitive bid process and should award the contract to the lowest responsible bidder. • On the opinion of the City Attorney; the bid from Allied Blacktop, Inc., for the amount of$446,603.12, was rejected due to irregularities in the proposal form. • Bid openings were held on April 25, 2013. A copy of the bid tabulations for the sealcoating contract is attached. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Council may choose to reject all bids and direct staff to obtain new bids. • Council may choose not to continue with the Pavement Management Program as planned and direct staff on how to proceed. V. ATTACHMENTS • A copy of the April 25, 2013 sealcoating bid tabulation. • A map depicting the 2013 sealcoating project area. • Copy of the bid rejection letter to Allied Blacktop, Inc. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None °7 L— CITY OF RICHFIELD, MINNESOTA Bid Opening April 25, 2013 10:00 a.m. 2013 Sealcoat Bid No. 13-02 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud bids for 2013 Sealcoat, as advertised in the official newspaper on April 4, 2013. Present: Nancy Gibbs, City Clerk Derick Anderson, Civil Engineer Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Bidder's Name Bond Total Base Bid Pearson Brothers, Inc. Provided $ 447,035.95 Hanover, MN **Allied Blacktop, Inc. Provided $ 446,603.12 Maple Grove, MN Asphalt Surface Technologies Corp. Provided $ 518,941.67 St. Cloud, MN ** Bid was rejected due to irregularities in the proposal form The City Clerk announced that the bids would be tabulated and considered at the May 14, 2013 City Council Meeting. Nancy Gibbs City Clerk / • 2013 Sealcoat Project W E S c --_ z w • T > - - uuia 11111 Z > cn z ¢ > y W (tO? o Z J � >� Iii CO CO O a 6ST O 5 \ O m Z w `\ 6y�� > 2_ O.• 66TH Si H Z Q• ma - ,.. Q 1,_ 67T ST VA z z 0 sy 67TH ST W FOREST DR w �R BoB • TIM IL w�I iE >co LLI ' W J > W 68T ST / vai z Y� O Q Z r w .o W p Tt D C xx a .,. zQ w m tr X ''69TH ST Vl,, > CO cn ' c- o C�7 d > • j 1� a Z a u • Q u co cQ7 o W � - ° Y a o� 1IS .1/2 SIX/ z J a w w x CO W Q cc E •71 ST ST co z 71ST ST co > = 71ST Q ' a 5 ST W ST w m w LC 72ND ST W p SykF f� CD 72ND S.. W. -- - mill 1/. ORFOR v� 0 PLE•.AP >' N V\ G > LA K Q 73RD ST W —.73RD STW °z . CB CZ O "III > °RD St 3 1/2 Q W > .T W QCC co a 74TH ST II w m Q = w > FM w Q u�j m. z co Q w 75TF ST ¢ a ° Z z 'R ¢ SEALCOAT Q 11 lot co g .< a Q o co Cl)w STOCKPILE W x 6TH STW z o w a LOCATION 0- w O X w W •, z ` uJ K w Q Cl) M. O ° _ 77TH 51 > O r U`. �� p 771/2STW �_`, 'I. 78TH ST=�I .� 78TH.T _•INTERSTATE H.... .•_ -.: Legend RICHFIELD PUBLIC 0 400 800 1,600 2,400 WORKS en — ��Eeet 2013 Sealcoat eed Public Works Department �c4�G 1901 66th Street E • Richfield, Minnesota 55423-2599 April 29, 2013 MAYOR Peter Capistrant DEBBIE GOETTEL Allied Blacktop Company CITY COUNCIL 10503 — 89th Ave. North PAT ELLIOTT Maple Grove, MN 55369 TOM FITZHENRY EDWINA GARCIA SUZANNE M.SANDAHL RE: City Bid No. 13-02 Rejection Notice CITY MANAGER Dear: Mr. Capistrant: STEVEN L.DEVICH p Upon further review of your proposal, the City unfortunately must reject your bid for the 2013 Bituminous Sealcoat Construction Project. The opinion of the City Attorney is that your bid proposal is non-responsive: • As required by the Instructions to Bidders and the bid form, you declined to provide unit price bids for line items 1, 2, and 3. • The unit bid price that is listed on your bid form is an obvious error, but the City cannot determine whether you intended a fixed-sum bid for those items (which is not permitted by the contract documents) or whether you intended a unit price that would result in the extension as set forth in your bid. If the latter, the City does not have authority to correct errors in unit prices. In either case, the bid is non- responsive. • Line 8 in the Instructions to Bidders states that proposals may be rejected for irregularities of any kind. The City appreciates your interest and thanks you for submitting your proposal for consideration. Since, /' Kristin Asher, PE Assistant Director City Engineer The Urban Hometown Telepf A4U),,$6 9P0PFEA- n,(i612061-9796 AGENDA SECTION: PUB.HEARING AGENDA ITEM# 9 _ REPORT# 90 immildil STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 14, 2013 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME, TITLE DEPARTMENT DIRECTOR i 41„„ 0 _ REVIEW: ./.411% 4 REVIEWED BY CITY MANAGER: 441,14 L L( / l ITEM FOR COUNCIL CONSIDERATION: Public hearing to consider a request for a Conditional Use Permit and Variances to allow construction of a new restaurant with drive thru service (Taco Bell) at 140 - 78th St East. I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Approve a Conditional Use Permit and Variances for a restaurant with drive thru service at 140 — 78th Street East. II. BACKGROUND Border Foods, Inc. has applied for a conditional use permit (CUP) and variances to allow construction on a new Taco Bell restaurant at the former Burger King location along 1-494. This site is zoned Mixed Use — Community, which conditionally permits restaurants with drive-up service. The applicant has attempted to meet or improve the site in regard to all required standards, but has applied for variances in instances where requirements cannot be met. In 2005, the City adopted an 1-494 Corridor Master Plan which has since been incorporated in to the City's Comprehensive Plan. These plans stress a mix of uses, walkability, cohesive design and active uses. The subject site is significantly constrained by its size, location and limited visibility. The applicant has proposed a plan that includes a new building; significantly improved landscaping; improved parking; and enhanced walkability. It is the opinion of staff that the proposal meets the intent of the Comprehensive Plan. 051413 - CUP & VAR 140 78th St E Menard, Inc. submitted two letters (attached) and spoke in opposition to the proposed plan at the public hearing on April 22nd. Menards stated concerns are primarily in regard to the proposed aesthetics of the building and site. III. BASIS OF RECOMMENDATION A. POLICY • There are a number of sets of separate review criteria that apply to this proposal. A full discussion of all requirements is included as an attachment to this report. Areas of Note: • Variances from the following requirements have been requested: o Minimum building stories, minimum building coverage, maximum front and side setbacks, patron entrances, parking location, and drive-up lane location. o The Zoning Code states the following: 537.05, Subd. 5(c). Drive-up must be part of a multi- tenant mixed-use development. Freestanding buildings shall not have drive-up facilities unless they are designed to minimize impacts to the pedestrian environment and adequately address circulation issues and potential noise or light pollution!.] o It is staff's interpretation that this regulation is intended to permit stand-alone drive-up facilities if the above- listed criteria can be met. Staff also believes that the criteria for a variance from this requirement are met if the first sentence is meant to completely prohibit stand- alone buildings with drive-up service. An ordinance amendment to clarify this regulation will come before the Council this summer. • It is the opinion of staff that the requirements necessary to approve the requested variances are met. o The applicant is proposing to use the property in a reasonable manner. The applicant would be permitted by right to replace the existing building as it is under Minnesota State nonconformity laws. Instead, the applicant has proposed a new building that will significantly improve the site and bring it closer to compliance with current regulations. o The particulars of this site make it nearly impossible to meet all current requirements. The minimum square footage of a building that would meet building coverage and building story requirements on this site is over 16,000 square feet. The parking requirement for an office of this size would be 48 spaces. This is not feasible. The intent of the Mixed Use District requirements was to encourage the combination of smaller parcels; however, there is no possibility for combination with another site in this case. In regard to the site design standards, there is no way to simultaneously meet all requirements. The applicant has worked with staff to identify those elements that were most critical to the intent of the District (placement of the building, landscaping, pedestrian connections, architecture). This results in a drive-up service lane that is adjacent to 78th Street. The alternative is to push the building back into the corner; however, this creates a site in which parking is the most prevalent element. In regard to stand-alone buildings with drive-up service, the existing use could be rebuilt as is under laws governing nonconforming uses. Rather than do so, the applicant has proposed an improved site. Further, the Code exempts sites under two acres from having to have multiple (mixed) uses. o No negative impacts are anticipated. • Parking — Code allows applicant to request a modification of the minimum parking requirements by submitting a study of anticipated demand. The applicant has submitted a memo requesting a reduction based on the corporate requirements for Taco Bell locations. City Code would require 43 spaces. Taco Bell standards are calculated as follows: 61 seats/2 + 5 employee = 36 stalls. Staff supports a reduction to the proposed 39 stalls based on the fact that Border Foods, Inc. has extensive knowledge of their customer habits and what is necessary to meet their operational needs. • Usable outdoor open space — Staff and the applicant are continuing to discuss the type of amenity that will be added to the area on the north side of the site. Possibilities include a picnic table, a bench or other item that will help to create a space that will be of a benefit to employees. B. CRITICAL TIMING ISSUES • 60-DAY RULE: The 60-day clock `started' when this application was deemed complete on April 1, 2013. A decision is required by May 31, 2013 OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision. C. FINANCIAL • The required application processing fee has been paid. D. LEGAL • A public hearing was held before the Planning Commission on April 22, 2013. • Notice of the public hearing was published in the Sun Current Newspaper and mailed to properties within 350 feet. • Mr. Theron Berg, representing Menard, Inc., spoke against the proposal (draft Planning Commission minutes attached). • The Planning Commission voted 4-1 (Schuller dissenting) to recommend approval. • In addition to the public hearing held on April 22nd, variance requests applied for in conjunction with another land use request require a public hearing before the Council. Tonight's public hearing was published in the Sun Current Newspaper and notice mailed to properties within 350 feet. E. ENVIRONMENTAL CONSIDERATIONS • The proposal decreases impervious surface from 85 to 72.5 percent of the site and will include an irrigation system to manage water usage. IV. ALTERNATIVE RECOMMENDATION(S) • Approve the proposed or recommended site plan and variances with modifications. • Reject the proposed site plan and variances. V. ATTACHMENTS • Resolution • Requirements documentation • Proposed plans • Menard, Inc. 4/16/13 Letter • Menard, Inc. 5/1/13 Letter • Draft Planning Commission minutes • Planning & zoning maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Barbara Schneider— Border Foods, Inc. • Dean Madson —WCL Associates, Inc. q - I RESOLUTION NO. RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT AND VARIANCES AT 140 78TH STREET EAST WHEREAS, an application has been filed with the City of Richfield which requests approval of conditional use permit for a Class III Restaurant with Drive-up Service on the parcel of land located at 140 78th Street East (the "Property"), legally described in the attached Exhibit A; and WHEREAS, the proposed conditional use permit includes a one story building covering seven percent of the property, that is located approximately 80 feet from 2nd Avenue and 40 feet from 78th Street East. Further the proposed permit includes a drive- up service lane adjacent to 78th Street East, a parking lot adjacent to 2nd Avenue and is lacking a primary entrance facing 78th Street East; and WHEREAS, the City Codes require two story buildings covering a minimum of 25 percent of the property, that are located a maximum of 15 feet from side and front lot lines. Further, Code prohibits parking between a primary patron entrance and the street and requires a patron entrance on sides of the building that are adjacent to public sidewalks; WHEREAS, Minnesota Statutes Section 462.357, Subdivision 6, provides for the granting of variances to the literal provisions of the zoning regulations in instances where their enforcement would cause "practical difficulty" to the owners of the property under consideration; and WHEREAS, based on the findings below, the Richfield City Council approves the requested variances from Richfield Zoning Code Subsections 537.05, Subd. 5; 537.07; 537.11, Subd. 4 and Subd. 7; and WHEREAS, the City has fully considered the request for approval for the conditional use permit; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The City Council makes the following general findings: a. The Property is zoned Mixed Use — Community. b. The existing building is legally nonconforming and could be replaced as it is. c. The proposed site plan will improve or fully comply with the following requirements which are currently unmet: impervious surface, architectural design, lighting, pedestrian connection, setbacks, trash and recycling treatment, parking lot orientation, parking lot setbacks, landscape islands, useable open space, and active building frontage. d. Code states that building must be a minimum of two stories in the Mixed Use — Community District. The proposed building is one story. A variance from Subsection 537.07 is required. e. Code states that minimum building coverage is 25 percent of a site. The proposed building covers 7 percent of the site. A variance from Subsection 537.07 is required. f. Code states that maximum front and side setbacks shall not exceed 15 feet. The proposed building is set back approximately 80 (front) and 40 (side) feet. A variance from Subsection 537.07 is required. g. Code states that all buildings shall have at least one primary patron entrance facing an abutting public street rather than a parking lot. A variance from Subsection 537.11, Subdivision 4(a) is required. h. Code states that Commercial structures that have over 60 linear feet of frontage on a public sidewalk must have a principal patron entrance onto the sidewalk. A variance from Subsection 537.11, Subdivision 4(c) is required. Code states that parking lots shall be oriented behind or to the side of buildings. The proposed site includes a parking lot in front of the building. A variance from Subsection 537.11, Subdivision 11 is required. j. Code states that drive-up service/lanes shall not be adjacent to a public street. The proposed plan includes a drive-up lane adjacent to 78th Street. A variance from Subsection 537.05, Subsection 5(a) is required. k. Code states that drive-up service must be part of a multi-tenant mixed use development. Code seems to allow for stand-alone buildings with drive-up service so long as mitigating improvements are added; however, this regulation is unclear. A variance from Subsection 537.05, Subsection 5(c) may be appropriate and is therefore considered here. 2. With respect to the application for variances from the above-listed requirements, the City Council makes the following findings: a. Strict enforcement of Richfield Zoning Code Subsections 537.07; 537.11, Subd. 11; 537.05, Subd. 5, Clauses a and c would cause a practical difficulty. The applicant is proposing to use the site in the same manner that is has been used historically. The applicant has proposed site improvements that will in most cases improve overall compliance with current Code requirements. Alternatively, the applicant could replace the existing building under State nonconformity laws. The size and location of this site do not allow for simultaneous compliance with all District regulations. It is not feasible to place a two-story building that meets minimum building coverage requirements on this site without finding additional off-site parking. On a corner lot, it is not possible to achieve the City's desire for buildings that front on the public street without placing some element of a drive-thru adjacent to one of those public streets or by creating an unsafe parking lot that would direct all drive-thru traffic through the parking area. b. Unique circumstances affect the Property that were not created by the land owner. There is no opportunity to combine the land and therefore create a parcel that could support a multi-story, multi-tenant development. The site has limited visibility and limited redevelopment potential. Neither the land owner, nor the applicant created these circumstances. c. Granting the requested variances will not alter the essential character of the neighborhood. The requested variances will allow the applicant to eliminate a vacant and outdated building, thereby improving the character of the neighborhood. d. The variances requested are the minimum necessary to alleviate the practical difficulty. The proposed variances will allow for the redevelopment of a constrained site. 3. With respect to the proposed conditional use permit, the City Council makes the following findings: a. The proposed site plan is consistent with the elements and objectives of the City's development guides, including the Comprehensive Plan and any redevelopment plans established for the area. b. The proposed use of the site for Class III Restaurant with Drive-up Service is consistent with the purposes of the Code, which allows for a wide variety of retail and service businesses. c. The proposed use will be in compliance with Code guidelines related to performance standards (excepting the above-requested variances). d. Undue adverse impacts to government services are not anticipated. e. The proposed use and variances serve to avoid potential adverse impacts. 4. Based upon the above findings, variances are hereby approved to permit a one- story building. 5. Based upon the above findings, a variance is hereby approved to reduce the minimum building coverage requirement to seven percent. 6. Based upon the above findings, a variance is hereby approved to allow a maximum 80-foot front setback and 40-foot side setback. 7. Based upon the above findings, a variance is hereby approved to allow a building without a primary patron entrance abutting a public street. 8. Based upon the above findings, a variance is hereby approved to allow a building without a patron entrance onto an adjacent public sidewalk. 9. Based upon the above findings, a variance is hereby approved to allow a parking lot in front of the proposed building. 10. Based upon the above findings, a variance is hereby approved to allow position a drive-up service lane adjacent to the public street (78th Street). 11. Based upon the above findings and variances, the proposed conditional use permit is hereby approved according to the terms of Richfield City Code Subsection 547.09, Subdivision 6, with the following additional stipulations: a) That the applicant continue to work with Community Development staff to enhance the usable outdoor open space indicated on the approved plans; 9- 4 b) That the property owner is responsible for replacing any landscaping/plant materials that die; c) That all parking stalls be maintained and free of snow year round; d) That approval of this conditional use permit does not include approval of any signs. Sign permits must be applied for separately; e) That the recipient of this conditional use permit record this Resolution with the County, pursuant to Minnesota Statutes Section 462.36, Subd. 1 and the City's Zoning Ordinance Section 546.05, Subd. 7; and f) Prior to the issuance of an occupancy permit, the applicant shall: a) Submit a copy of the recorded conditional use permit; b) Submit a surety equal to 125% of the value of any landscaping and/or site improvements (based on two bids including labor cost) not yet complete. 12. This conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the City's Zoning Ordinance, Section 547.09, Subd. 9. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of May 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Code Requirements / Required Findings Part 1: The following conditions apply to fast food (Class III) restaurants in the Mixed Use Districts (Subsection 537.05, Subd. 5): 1. No drive-up window or lane shall be adjacent to a public street. The applicants have requested a variance in order to allow the drive-up lane to be adjacent to 78th Street. All variance requests are discussed in Part 4 below. 2. Drive-up uses shall be limited to one service window and no more than two queuing lanes unless additional described improvements are made. This requirement is met. 3. Drive-up must be part of a multi-tenant mixed-use development. Freestanding buildings shall not have drive-up facilities unless they are designed to minimize impacts to the pedestrian environment and adequately address circulation issues and potential noise or light pollution. The conditions listed for the freestanding (stand-alone) building exception are met. Additionally, the site would meet the requirements for a variance from this standard (discussed in Part 4 below). 4. There are no curb cuts on public streets exclusively for the use of drive-up queuing or exit lanes. Drive-up traffic shall enter and exit from internal circulation drives. This requirement is met. 5. Queuing space for at least 4 cars (70 feet) shall be provided per drive-up service land as measured from but not including the first drive-up service window or teller station. Such queuing space shall not interfere with parking spaces or traffic circulation. This requirement is met. 6. Any drive-up service window, teller or order station, or exterior loudspeaker shall be located at least 150 feet from any parcel`with residential uses on the first floor. This requirement is met. 7. The applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections. The Public Works Department has reviewed the proposed plans and has found this requirement to be met. 8. Alcoholic beverages shall not be served. This requirement is met. 9. Exterior speakers shall comply with the noise control limits set by Subsection 930 of the City Code. The applicant is aware of this requirement. Part 2: Development proposals in the Mixed Use Districts shall be reviewed for compliance with the following (537.01, Subd.2): 1. Consistency with the elements and objectives of the City's development guides, including the Comprehensive Plan and any redevelopment plans established for the area. The size and location of this site make it challenging for redevelopment. There is limited visibility and no opportunity to combine with an adjacent property for a larger mixed use project. The proposed plan addresses the Comprehensive Plan and 1-494 Corridor objectives of increasing landscaping, cl - (0 de-emphasizing parking, creating an attractive edge along 1-494 and increasing the walkability in this area. 2. Consistency with the regulations of the Mixed Use Districts as described by Section 537 of the Code. Given the particulars of this site and the proposed use, it is impossible for the applicant to meet all requirements. Variances from the following have been requested (See Part 4 for Variance requirements): • Building stories and coverage — Code requires a minimum of two stories and a minimum building coverage of 25 percent. The proposed building is one story and building coverage will decrease from nine percent to seven percent. • Setbacks— Front and side setback maximums are 15 feet in this District. The proposed building is set back approximately 80 feet from 2nd Avenue (front) and 40 feet from 78th Street (side). The existing building is set back 137 feet from 2nd Avenue and 50 feet from 78th Street. • Entrance location — Buildings are required to have a primary entrance facing an abutting street, rather than a parking lot and structures that have over 60 linear feet of frontage on a public sidewalk must include an entrance facing that public sidewalk. The proposed building includes a primary entrance facing 2nd Avenue; however, there is parking lot between the entrance and the street. The proposed building does not include an entrance fronting 78th Street due to the drive-up lane. The existing building has an entrance facing 78th Street, but the lack of a sidewalk along the street makes this unlikely to be used as an entrance by patrons. The entrance facing 2nd Avenue is set back over three times as far from the street as the proposed entrance. • Parking Lot Location — In an effort to increase walkability, parking in the Mixed Use Districts is to be located to the side or behind buildings. The proposed design minimizes the amount of parking between the street and the building. • All other requirements are met. 3. Creation of a design for structures and site features which promotes the following: An internal sense of order among the buildings and uses. The location of buildings, drives, amenities and pedestrian connections provide a safe and accessible site. ii. The adequacy of vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width or interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. See above (i). iii. Energy conservation through the design of structures and the use of landscape materials and site grading. The proposal decreases impervious surface from 85 to 72.5 percent of the site and will include an irrigation system to manage water usage. iv. The minimization of adverse environmental effects on persons using the development and adjacent properties. Adverse environmental impacts are not anticipated. Part 3: The findings necessary to issue a Conditional Use Permit (CUP) are as follows (Subd. 547.09, Subd. 6): 1. The proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan. See above — Part 2, #1. 2. The proposed use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. There are a number of purposes of the Mixed Use District regulations. The overall intent of these regulations is to provide an attractive, walkable, identifiable, mixed use corridor along Richfield's southern border. The proposed use includes a new, attractive building and site design that improves overall compliance with many important District regulations. While every single regulation is not met, given the particulars of this site, the proposal is consistent with the intent and purposes of the Code. 3. The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. This requirement does not apply. 4. The proposed use is or will be in compliance with the performance standards specified in Section 544 of this code. The proposed development complies with performance standard requirements. A parking reduction has been requested based on the corporate requirements for Taco Bell locations. City Code would require 43 spaces. Taco Bell standards are calculated as follows: # of seats/2 + 5 employee stalls. For a 61-seat restaurant, this would require 36 parking stalls and the proposed site includes 39 stalls. Staff supports the proposed modification based on the Border Foods intimate knowledge of their own operational needs. 5. The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. The City's Public Works and Engineering Departments have reviewed the proposal and do not anticipate any issues. 6. The use will not have undue adverse impacts on the public health, safety, or welfare. Adequate provisions have been made to protect the public heath, safety and welfare. 7. There is a public need for such use at the proposed location. The existing vacant building is detrimental to the area. The proposal includes a new building and site design that will complement the recent redevelopment of the adjacent Menards property. 8. The proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. This requirement is met. Part 4: The findings necessary to approve a variance are as follows (Subd. 547.11): 1. There are `practical difficulties"that prevent the property owner from using the property in a reasonable manner. 2. There are usual or unique circumstances that apply to the property which were not created by the applicant and do not apply generally to other properties in the same zone or vicinity. 3. The variance would not alter the character of the neighborhood or the locality. 4. The variance is the minimum necessary to alleviate the practical difficulty. 5. The variance is in harmony with the general purpose and intent of the ordinance and consistent with the Comprehensive Plan. The applicant has requested variances from the following requirements: - Minimum building stories (537.07), minimum building coverage (537.07), maximum front and side setbacks (537.07), patron entrances (537.11, Subd 4), parking location (537.11, Subd. 7) and drive-up lane location (537.05, Subd. 5). - The Zoning Code states that drive-up facilities must be part of a multi-tenant mixed-use development. It also seems to suggests that stand-alone (freestanding) buildings may have drive-up service lanes so long as they are designed appropriately (537.05, Subd. 5), although this exception is not explicitly clear. The applicant is proposing to use the property in a reasonable manner. The applicant would be permitted by right to replace the existing building as it is under Minnesota State nonconformity laws. Instead, the applicant has proposed a new building that will significantly improve the site and bring it closer to compliance with current regulations. The particulars of this site make it nearly impossible to meet all current requirements. The minimum square footage of a building that would meet building coverage and building story requirements on this site is over 16,000 square feet. The parking requirement for an office of this size would be 48 spaces. This is not feasible. The intent of the Mixed Use District requirements was to encourage the combination of smaller parcels; however, there is no possibility for combination with another site. In regard to the site design standards, there is no way to simultaneously meet all requirements. The applicant has worked with staff to identify those elements that were most critical q - cl to the intent of the District— specifically pulling the building closer to the street, adding landscaping and pedestrian connections, and the building architecture. This results in the drive-up service lane being adjacent to a public street. The alternative is to push the building back into the corner; however, this creates a site in which parking is the most prevalent element. In regard to stand-alone buildings with drive-up service, again, there is the fact that the applicant would be allowed to replace the existing structure as it is by right. The Code also exempts sites under two acres from the mixed use requirement. Given these facts, it seems reasonable to allow a new, architecturally and functionally improved stand-alone building with drive-up service on this particular site. This site has limited visibility and a limited number of neighbors. The previous use was also a fast food restaurant. It is anticipated that this will be an improvement to the area. The requested variances are the minimum necessary to alleviate the practical difficulty. The proposed plan is in keeping with the intent of both the Zoning Ordinance and the Comprehensive Plan. The proposed plan significantly improves compliance with current regulations. 0 - ID Ai SITE DATA: _ PARKING DATA: SITE PLAN NOTES: ZONING: Mu-c MIXED USE-COMMERCIAL GENERAL NOTES: PROVIDED PARKING STALLS. 1. ALL DIMENSIONS SHOWN ARE TO FACE OF CURB. EDGE OF , w,^ PROPOSED USE: 9x18.0 37 STALLS SIDEWALK OR EXTERIOR OF BUILDING UNLESS OTHERWISE I. PRIOR TO STARTING CONSTRUCTION,THE CONTRACTOR SHALL VERIFY V►V/(V" RESTAURANT CLASS III WITH DRIVE-THROUGH 17 spaces(ADA) 2 STALLS NOTED. REFER TO ARCHITECTURAL DRAWINGS FOR BUILDING THAT ALL REQUIRED PERMITS AND APPROVALS HAVE BEEN OBTAINED. PROVIDED TOTAL: NO CONSTRUCTION OR FABRICATION SHALL BEGIN UNTIL THE GROSS LOT AREA: 40.298 SQ.Ff.OR 0.92 ACRES 39 STALLS DIMENSIONS AND SPECIFICATIONS FOR LOCATION OF EXITS, Associates. Inc. REQUIRED PARKING STALLS: RAMPS, CONCRETE APRONS AND STOOPS. CONTRACTOR HAS THOROUGHLY REVIEWED ALL PLANS AND OTHER TOTAL BUILDING FOOTPRINT AREA:(CFA) 2,830 S0.FT. 17 spaces per 1,000 s(gross floor area 2. TACK SHALL BE USED ON BITUMINOUS EDGE PRIOR TO DOCUMENTS APPROVED BY THE PERMITTING AUTHORITIES. OacBUI vein FOOTPRINT are) less 10%transit proximity PATCHING. MATCH EXISTING GRADES. 2. WORK SHALL IO S PERFORMED IN ACCORDANCE WITH THE PLANS AND (17 x(2,830x.9)/IOOD) 3- ALL CONCRETE SIDEWALKS ADJACENT TO BUILDING SHALL BE SPECIFICATIONS AND THE REQUIREMENTS AND STANDARDS OF THE LOCAL O PERCENT BUILDING COVERAGE 7.07. GOVERNING THEREIN ARE IN. THE SOILS REPORT AND RECOMMENDATION SET (x or gross Al area) REQUIRED PARKING: 43 STALLS SEPARATED WITH A�" EXPANSION JOINT. FORTH THEREIN AR A PART OF THE REQUIRED CONSTRUCTION FLOOR AREA RATIO (23330/40.298) 0.0702 4. CONTRACTOR SHALL VERIFY ALL CONDUIT REQUIREMENTS FOR LIGHTING, IRRIGATION, MENU BOARD, COMMUNICATION DOCUMENTS AND IN CASE OF CONFLICT SHALL TAKE PRECEDENCE UNLESS SPECIFICALLY NOTED OTHERWISE ON THE PLANS. THE SETBACK: MINIMUM REQUIREMENTS PEDESTAL, ETC WITH OWNER PRIOR TO PAVING. CONTRACTOR SHALL NOTIFY THE TACO BELL CONSTRUCTION MANAGER OF Architecture ture EXISTING IMPERVIOUS A34,257 SO.Ff. 5. CONTRACTOR SHALL VERIFY LOCATION OF THE MENU BOARD ANY DISCREPANCY BETWEEN SOILS REPORT AND PLANS. Interiors (buAG IMPERVIOUS PERVIIO d: AREA.REA.n0 LOCATION: BUILDING PARKING AND COMMUNICATION PEDESTAL WITH OWNER PRIOR TO 3. SITE CLEARING SHALL INCLUDE THE LOCATION AND REMOVAL OF ALL PERCENT EXISTING IMPERVIOUS AREA: 85.07, PLACEMENT. UNDERGROUND PIPING, VALUING, ETC. 4931 wes[351h Seoet (z or gross at woo) PUBLIC R/W 78th STREET 15' 8' 6. ACCESSIBLE ROUTE SHALL BE PROVIDED FROM ACCESSIBLE 4. SITE GRADING SHALL BE PERFORMED IN ACCORDANCE WITH THESE PLANS seas zp O 20 40 60 (setback to I-494) STALLS TO BUILDING ENTRANCE (SEE ADAAG REQUIREMENTS). AND SPECIFICATIONS AND THE RECOMMENDATIONS SET FORTH IN THE St.Louts Park,Minnesota ���.-� PROPOSED IMPERVIOUS AREA: PUBLIC R/W 2nd AVENUE 0'min 8' POLE MOUNT APPROVED SIGNS CENTERED ON STALLS. PAINT SOILS REPORT. THE CONTRACTOR SHALL BE RESPONSIBLE FOR 55918 (building,pr,vete S.ae..ew,s Po.eme„0 28'228 SO FT. 15'max g' INTERNATIONAL SYMBOL OF ACCESSIBILITY ON STALL. REMOVING AND REPLACING ALL SOFT, YIELDING OR UNSUITABLE T..852_591-9969 GRAPHIC SCALE IN FEET SIDE 5' 5' 7. CONSTRUCT ACCESSIBLE PEDESTRIAN RAMP PER ADAAG AND MATERIALS AND REPLACING WITH SUITABLE MATERIALS AS SPECIFIED. PERCENT PROPOSED IMPERVIOUS AREA: 72.59 F_96z..sa4e559 (N or gross b4 wee) REAR 5 5 WARNING STANDARDS. PROVIDE CONTRASTING DETECTABLE CONTRACTOR SHALL SUBMIT A COMPACTION REPORT PREPARED BY A wvw.woa.mm QUALIFIED SOILS ENGINEER, LICENSED WITHIN THE STATE WHERE THE 8. CONTRACTOR IS RESPONSIBLE FOR COORDINATING WITH FIRE WORK IS PERFORMED, VERIFYING THAT ALL FILLED AREAS AND SUBGRADE PROPOSED LANDSCAPE AREA: 17,069 SQ-Fr. MARSHAL FOR POSTING OF FIRE LANES, CURB MARKING AND AREAS WITHIN THE BU(LDLNG PAD AND PAVEMENT AREAS HAVE BEEN PERCENT LANDSCAPE AREA: 27.57, SIGNAGE IF NEEDED. COMPACTED IN ACCORDANCE WITH THE SPECIFICATIONS AND LEGAL DESCRIPTION: PERCENT e gLAN S APE USABLE OPEN SPACE: 9 CONTRACTOR IS RESPONSIBLE FOR DEMOLITION AND REMOVAL RECOMMENDATIONS SET FORTH IN THE SOILS REPORT. OF ALL EXISTING STRUCTURES THAT INTERFERE WITH NEW 5. THE LOCATIONS OF THE UNDERGROUND FACILITIES SHOWN ON THIS PLAN REQUIRED USABLE OPEN SPACE: WORK AS SHOWN. ARE BASED ON FIELD SURVEYS AND LOCAL UTILITY COMPANY RECORDS. Part or Government Lots I and 8 o lying in the SITE PLAN BASED ON SURVEY INFORMATION DATED DECEMBER 04,2D 12 5.07.of gross to 10.CITY OF RICHFIELD ENGINEERING STAFF MUST BE PRESENT TO IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO CONTACT THE Southeast Quarter of Section 34,Township 28, PROVIDED BY LOT SURVEYS COMPANY,INC. 5.07.x 40,298 2.105 SF INSPECT ALL CONCRETE FORMS WITHIN PUBLIC RIGHT-OF-WAY VARIOUS UTILITY COMPANIES TO LOCATE THEIR FACILITIES PRIOR TO Range 24,Hennepin County,h0nnesotu PRIOR TO CONCRETE POUR. MINIMUM 24 HOUR NOTICE STARTING CONSTRUCTION. NO ADDITIONAL COMPENSATION SHALL BE - (see ALTA Survey for full legal description) REQUIRED. PROPOSED USABLE OPEN SPACE: PAID TO THE CONTRACTOR FOR DAMAGE AND REPAIR TO THESE Sidewalk Area 1,612 SF 11.STREET SIGNS IN PUBLIC RIGHT-OF-WAY TO MEET CITY FACILITIES CAUSED BY HIS WORK FORCE. T ACCII Assessable Green area 621 SF REQUIREMENTS. SIGNS LOCATED IN CONCRETE SHALL BE IN 6. ALL EXISTING DIMENSIONS AND GRADES SHOWN ON THE PLANS SHALL BELL 2,233 SF 4" SLEEVES OR MOUNTED TO STREETLIGHTS. COORDINATE BE FIELD VERIFIED BY THE CONTRACTOR PRIOR TO CONSTRUCTION. 13.S_LNNEW UTILITIES EF RICHFIEEDiFOR BE APPROVED IRR COATED LOCATION OF NECESSARY PLAN EXIST PRIOR T TO PROCEEDING WITH CONSTRUCTION FOR 12. LANDSCAPE AREAS ARE Taco -USABLE OPEN SPACE II S MUST BE UNDERGROUND. SHALL BE PAID TO THE CONTRACTOR FOR WORK HAVING TO BE REDONE -.... ACCESSIBLE GREEN AREA Cr DUE TO DIMENSIONS OR GRADES SHOWN INCORRECTLY ON THESE PLANS Bell -- - CURB TU SETBACK �""'1d IF SUCH NOTIFICATION HAS NOT BEEN GIVEN. C e. ea.Y LINE = 621 SF ' T 4_. I ! : N 80','30'E 268.66 e0 -- ,��-- 7740 2nd AVENUE SOUTH • z -.-:.- _. .._-_. :.-::-• 0 .--. .; : ._: - - RICHFIELD,MN 55423• y --�_ _ r���� / �t u UILOING G 7- _ 's-t,../cam/•®V PS��/ iS LS // ------:-��- �0 APIN�A _SETBACK -�- 110 II 2&j 5'B LANDSC AND ARKINC ,• r- Cr18;1'�Q,� :O O`� /I 36: KEY NOTES / OrLt'= 12 , rn /; '(J 10 \ l4 1 -- ---- "r .S BITUMINOUS PAVEMENT AS R -` ---i -- -- SPECIFIED BELOW: ASPHALT PAVING SECTION Mn00T �/! `21 ` 0 @ e o`C ?, `� art' _ I . J' - f SITE LEGEND: 0 (PARKING LOT ONLY) HEAVY DUTY LIGHT DUTY SPECIFICATIONS 9 . ®:- 13 - `�7 �4 2_ BIT.WEAR COURSE O N. O- ®. - 13 1 `--r 2" 1 1/2" SPWEA240B.MnDOT 2360 • d 2 ' C ji ? 13 ._ BIT.BASE COURSE 2" 1 SPNW 2308 MnDOT 2360t , -.- 13 I _ AGGREGATE BASE(CL 5) /2 _ = z�� E i� I s _ ® ® - ,--+� O 14 1, HEAVY DUTY BITUMINOUS PAVEMENT 7" 6"i " 2211•3 u 1 - _ -__ - -P�_-✓ ' S I "2$ I I COMPACTION DENSITY BETWEEN 957.AND 100%OF THE MARSHALL a i I !� : - - - ® 9 16 F. O I I AGGREGATBi B i-- - - LIGHT DUTY BITUMINOUS PAVEMENT r AM 5 81.-.I� L. SOIL FNGINFER RECOMMENDATIONS SUPERSEDE ABOVE LISTED SPECS�o 24 _ I 25 CONCRErE PAVEM4 3C 8612 6 CONCRETE OUTFLOW CURB&GUTTER TIP 'I . 1 .- ..,a ,-.,/I I Y -� a t - 8672 CURB AND GUTTER O3 ( ) ) I 3Y22A -�- I: '' •!F g, �5n "�� _ (�S- U SLIPFORM PLACEMtNT OR MnDOT 2461 MI%3Y32A MANUAL PLACEMENT. u' I g ■ (`- _ , r e ( \/ �,'/ .•R�, �/ I I m W 8612 OUTFLOW CURB AND GUTTER Developed by: 4 z II II I_ 0 O -,�a _._� r .___ 'i-9 - - .-__. _ 4 SENSOR v' g I :1 Ii O �'12 O - , l ---. EXISTING CURB AND CURER O E SOR LOP CONFIRM WITH ARCHITECTURAL PLANS a, ,I N �' O CONCRETE SIDEWALK,WIDTH IVARIES.HI 4°CONCRETE SIDEWALK W/6"X6 /)10/10 W.W.M. (CONST. a I I: l 21 0 , TA - �J O Border Foods - i �\ " T 26 i '" 19' d I 2I PARKING COUNT JTS E 6'O.C.) OVER 4"CUSS 5 AGGREGATE BASE.PLACEMENT.2461 MIX 3Y22A SLIPFORM m '��' 121 7 �H. P2,\',CO a -----: _� l 61 • SEATS 5 3 I tj\- I. 10 3 p - PLACEMENT OR MnDOT 2461 MIX 3Y32A MANUAL PUCEMENT.SOILS SPECIFICATIONS SUPERSEDE 965 Decatur Ave North Z "I it,-:j -== i�� BELL � O" 24 _ O ILA O .. �. TRAFFIC DIRECTION ARROWS ABOVE LISTED SPECIFICATIONS.EXCLUDE W.W.M.IN PUBLIC SIDEWALK. USE 6"CONCRETE AT Golden Valley MN 55427•`, i 1 j1 D 2 i 1„�C�� 1 2,830 GSF .� I' -� I� Z DRIVEWAY CROSSING. 24.. l - B C _ __ 1 L_t_ 6 0 LIMITS OF CONSTRUCTION• .r 10 4,t n��r !)\ \ - 10 -!EA 2( _ _T 2P _ 21 15 -6-10 ). O ' STANDARD SIDEWALK RAMP DETAIL.SEE DETAIL SHEET FOR MNDOT STANDARD Phone. 63 -2 \�(• LL.� --- $j( .. - 0.� 6 PLATE 7036FER 7 489 970 \.., .,� �} -/, _ _ _ ._ _- ,I vl 1 (v O7 PAINT INTERNATIONAL SYMBOL OF ACCESSABNtt-WHITE LATEX PAINT. \• o I 1 h, 9 .� J� --M -- "'�>, r-. F v 8 6"CONCRETE PAVEMENT W/6'X6" //10/1 O W.W M. (CONNT.JTS 12'O.C.)OVER 4"CUSS 5•1 \�( Contact:Barb Schneider •"< / �• 3• 2 o • ��-�+ I 10 - O AGGREGATE BASE. MnDOT 2461 MIX 3Y22A$LIPFORM PLACEMENT OR MnDOT 2461 MIX 3Y32A •va I-. ^iN" �,� O ,o l2 2 v :. 14 ©;� i I MANUAL PLACEMENT. SOILS SPECIFICATIONS SUPERSEDE ABOVE LISTED SPECS. 0 `P ©�® - O N (MNDOT#'S R7-84 AND R7-8B).CENTER SIGN ON PARKING STALL. j ®�%, --'-- -_L--- z_= ®� -`(�6 ,.:fy\ (T 13 Px' 12® O LOCATION LPERAGENERALGCONTRACTOR. MOUNT ON 6"CONCRETE BOLLARD. SEE DETAIL SHEET S sConeNMaLlt 6l PREPARED BY _ ��j 1_ t0 GREEN AREA- SEE LANDSCAPE PUN. CONSTRUCTION CIVIL ENGINEERING ,rva`t LI I __ 5 ��L. 76 cy, 1t TRANSFORMER PAD BY GENERAL CONTRACTOR.INSTALL PER UTILITY COMPANY SPECIFICATIONS SITE DESIGN •-e •, .-5'.BUILDING AND LANDSCAPE SETBACK 30 �O I 'C''' .� 1 t la East Broaaway 59. -O 25 - 14` i 10 O PAINT 4"WIDE SOLID STRIPE-WHITE ao Bo. er gi_ 12 Pf�onbc Monticello.Ain 55�Sg2 a C J N 89"5530 E 268.66 - PAINT TRAFFIC ARROWS-WHITE. is 9m spelticalion.or 3 -- �_ _ ,. -_ -_ PALM 24 HIGH SOLID C - WHITE. �plan, 14 PAINT 12"WIDE SOLID CROSSWALK STRIPING - WHITE. supervision,sill Nail dnallay Ucoosed 6 15 Erylne6rlmMrtlw laws of the Stele of I 28 USABLE OPEN SPACE ,--(f i - tunnmob ,nw.c_r 3U -f4 r. SIDEWALK AREA = [,612 SF !t) 3D c ® ---3_ 30 •°_ 16 PAINT 24'WIDE SOLID STRIPE-WHITE. Printed N SCOTT OAIRI� '•cam ;n 17 CLEARANCE BAR INSTALLED BY SIGN COMPANY. FOUNDATION BY GENERAL CONTRACTOR. SEE 7577- p L7 /, r i- ARCHITECT PLANS FOR DETAILS. B�u1un: ` �0� 1 STREET �ryS/ t MENU BOARD AND SENSOR LOOP INSTALLED BY SIGN COMPANY FOUNDATION BY GENERAL ? `.4= 19 CONTRACTOR. VERITY SIZE WITH OWNERS ARCHITECT. SEE ARCHITECT PUNS FOR DETAILS" (frontage.:Dad) _. )`• Deb: "In Licmae t: 24398 '_--'- ---"' "'-"'- LT AtG // [ - is ,;3 r p- p t9 OF NEW POLES GN CABINET.ELEVATED SIGN CABINET EXISTING POLES TO REMAIN IN PLACE FOR SUPPORT -- - A N . SIGN VENDOR TO OBTAIN SIGN PERMIT FROM CITY. P,;nl H;Oo,y Da1a•Vii.____._.- -__.___._ "-' 20 LIGHT POLE.REFER TO LIGHTING AND PHOTOMETRIC PLAN FOR LIGHT LOCATIONS AND SPECIFICATIONS. CUP SUBMITTAL 03.08.2013 FOUNDATIONS BY GENERAL CONTRACTOR. VERIFY FOUNDATION SIZE WITH OWNERS ARCHITECT. CUP SUBMITTAL 04,08.2013• /NTFk7TATt tllGl iV/AY No. 4.94 21 GUARD POST BOLLARD. SEE DETAIL SHEET. 22 CONCRETE DRIVEWAY APRON PER CITY STANDARDS. - 23 MATCH EXISTING CONCRETE SIDEWALK. ®- INDEX OF CIVIL SITE DRAWINGS: ®- 0 24 BRICK PAVERS ON SAND. SEE LANDSCAPE PUN. ®• _ .O SITE PLAN 26 INSTALL SIGNS,MOUNTED ON 6"CONCRETE BOLLARD. SIGNS TO BE PLACED BACK TO BACK ON CI ROPERTY OWNER: ARCHITECT: CIVIL ENGINEER SAME BOLLARD- GENERAL CONTRACTOR TO COORDINATE LOCATION. • a)'STOP SIGN 61 New Seats: , BORDER FOODS, INC. WCL ASSOCIATES, INC. CIVIL ENGINEERING SITE DESIGN, LLC cz.o EXISTING CONDITIONS PLAN ® T) 'DO NOT ENTER'SIGN T-50,61 Seats:2,830 SF CONTACT: BARB SCHNEIDER CONTACT: DEAN MADSON C3.0 DEMOLITION PLAN TRASH ROOM. CONTACT: SCOTT DAHLKE ® BIKE RACK.SEE PROJECT SPECIFICATIONS. SITE PLAN 965 DECATUR AVENUE NORTH 4931 W. 35TH ST, STE 200 118 EAST BROADWAY ST., PO BOX 566 c4.0 GRADING, DRAINAGE AND EROSION CONTROL PLAN ze GOLDEN VALLEY, MN 55427 ST. LOUIS PARK, MN 55416 MONTICELLO, MN 55362 8618(6")CONCRETE CURB&GUT ER.MnDOT 2461 MIX Y22A SLIPFORM PUCEMENT OR Mn00T 2461 MIX 3Y32A MANUAL PLACEMENT. MATCH E%ITING CONCRETE CURB&GUTTER ON PUN SET IWX COMPLETE PH 763) 489-2970 PH 952 541-9969 C5.0 UTILITIES PLAN 29■ 78th STREET AND 2nd AVENUE. MATCH GUTTER ELEVATION WITH EXISTING PAVEMENT ELEVATION ( ) PH (763) 314-0929 COORDINATE WITH UTILITY COMPANY FOR EXISTING POWER POLE REMOVAL OR RELOCATION. FX (763) 489-2971 FX (952) 541-9554 www.civilesd.Corn C6.0 DETAILS SAWCUT AND REMOVE EXISTING BITUMINOUS CURB AND EXISTING PAVEMENT AT MIN.2.0'WIDTH PO`n 2012.06.05 30 FROM UP EDGE OF REPLACEMENT CONCRETE CURB&GUTTER. PATCH WITH HEAVY DUTY Draw„ SD ^If I•O C 7.0 DETAILS BITUMINOUS PAVEMENT. MATCH EXISTING PAVEMENT ELEVATIONS AND CROSS SLOPE.. c ecked SD (V" CESDP4A18 W430 TACO BELL RICHFIELD,MN - ii WCL Associates. Inc. �� Architecture � Interiors '� 4931 West 35th Street Salo 200 St.Loots Park,M4re.da 55416 T.952..541.9959 F..952.541A554 0 20 40 60 GRAPHIC SCALE IN FEET Benchmark:Top not of hydrant located on 78th Street E and 2nd Ave. S. Elevation = 847.29 feet TACO BELL. Survey information provided by: Lot Surveys Company,Inc. Taco MENARDS RICHFIELD ADDITION Dated: December 04,2012 Bell cohere to 1 °� I E. I b,tumr0ous b,c 64647-s5W.•4=%�•.621 • _.k N 89°55'30"E 268.66 6 4 2 AVENUE SOUTH• •- :'- - -�'- - --- -I____ e4s] -__ 3t 6gA96 I ' LEGAL DESCRIPTION: 7RICHFIELD,MN55423H o &66 6 t ., °4e 345.42 °' _ _ _ .117/1 -t I(, P; Part of Government Lots 1 and 8 lying it • •• °^O+E •• � 7 --- -------r-- in the Southeast Quarter of Section 34, ^ /Slab /•b • ' •• 644.71 r 645.6 615.4 a I I Township n S h I $91 ,,s, wood p 28, Range 24, Hennepin 1-..�_,.�_,�_---- ="� ,.o-wa-,. -,,.6..4 I County, Minnesota •z;!, • I e,z a *F„,,..,.:_, 1 l'�? V tato 911 v (see ALTA Survey for full legal hs 1 '64661 '' Y C ® q •r-- ( °.� 645 1, .3] �i I I description) Y V II ' .. u e 1-5tory Brick Building xw,.r / 64s.3 > -4 • I o-r3.aa O Eosting o SI •.,.•\ n• ,e (old address) 645.54.2 ,> >_-- > " Iv i,.,4 u • .•• o - 14O E.78th Street /4. � r V rearchors a ° a54yKa Rchfie/d,MN SURVEY LEGEND: (new address)e [ „ I u YI W €€4 bra. " 4 a • 7740 2nd Avenue 5. ` n _.T �, �) I S W, e4 d 1 °""'9 A38 R,chheld MN 1- h If 1 ^- e.l , j `� 1 T� Catch basins Developed b• �� a f m 8 n Q I Border Foods EZ 5 °°I' $ n ary J s5 '4I ,' t o - A I 965 Decatur Ave North ZI m s49 I t ° t I �{ Hydrant Golden Valley MN 55427 p 2J.T Jve.645.4 .0• 0�• i S Z !. �/I 645.Cb .• 645.424 - 5.4: . g eoncrete 6 I n F l';' Z i Light standard Contact:Barb Schneider• v, 8 N II Phone: 763-489-2970 E,519.4 a �1 4 �F:� �; i b ia$I x,943 - Gas main 693.26 '• S concrete<uh 644.66 I 67OIISBnt •6O` I S. .N.4IVIF N� t °I J I Sanitary sewer °"r°SY / •r I '4. �$„ • a a I CIVIL ENGINEERING •.1 °" cP j0" SITE DESIGN er.B.C./.rfm an I I ex.B•e.l.wale man _S yt'R ( -' 1 - -- • 1 • 1 a 1 1 I qA L \� - --P�-oo- Storm sewer 5 Pot�t°eESO se 64,.6, •t< 6,,.52 644.51 I -, t w, �� 4.1 FroT»»]a.v.5516 6H.r2 644.15 /'_ < < e.763-319-0929 . 5 ��"4 r°" - us_,e N 89°55'30"E 268.66 a49.] � % d nra„,r rNn uze,` eb'9s o - 699079 corn 6,4.4] ,- 359 64].29 '(2649 .v-639./5 '� \ -I Watermain IMeby sentry et this Ow,a °�"'or Ober-row rota ya �\ r•Wn�P,•Pand by mewuder my that cxcn Pea \ '" L1ReMSiui,stl tlull emedAyllmnsed o �z• �\ I-• m6aw.atnosroma �•� Overhead wires ',�� PrI6Yd Nmw: SCOTT ENSUE R •644,4 •693.1] Y -»�»�� Sy441144: �6.�7].4kL^ .643.46 78Ttl STREET EAST (frontage road) \�-� 'tt/ __,�, „P Underground electric ar: o<�N13 � ••�: 243 9 5011TH 11NE OF 711F 5{41 1/4 OF THE SE 1/4 OF 5EG.32 TWP 2d.R.24 \__._%1.- - - - Fj1 Wet HSt, Dale 5� CUP SUBMITTAL 03.08.2013 INTERSTATE HIGHWAY No. 4.94 CUP SUBMITTAL 04.08.2013 v INDEX OF CIVIL SITE DRAWINGS: .1- - c1.0 SITE PLAN A.- - C20 EXISTING CONDITIONS PLAN New Building C3-0 DEMOLITION PLAN 1-50,61 Seats:2,830 SF C4 0 GRADING, DRAINAGE AND EROSION CONTROL PLAN EXISTING CONDITIONS C5 0 UTILITIES PLAN PLAN PLAN SET 100.COMPLETE • 06.0 DETAILS Protect 2012 06 05 C7.0 DETAILS o sn C r.,,, so C2e0 SEW M..600430 TACO BELL RICHFIELD,MN 0 _ ITS WCL IT I I Associates. Inc. " PRu E AS FIELD DIRECTED BY THE �� LANDSCAPE ARCHITECT TO IMPROVE 'DRIP'IRRIGATION REQUIRED IN PLANTING AREAS APPEARANCE(RETAIN NORMAL TREE SHANE) -_ - ALONG EXISTING AD-IALBIF FENCE. Co c r c c c I ' 'T CC: I _ THREE 2'X4'%8'WOODEN STAKES,STAVED ofi OROHW WITH TWO STRANDS OF WIRE 7WI57ED 5 PND y,r ,;. a - - MULCH TO EXIST.FENCE.TYP I I ■ I _ _SHALL BE PLAGED AT MY e4>ao __ b-BE5 2-MJ 6 363, 2 49189'55' . • 8,6,, a,t I °' ' crz r ?�f _ _�TTP1nn THROUGH RllBBERI105EL COLLARS �� Q1„toL.,oresro gp :Mt 11—_� ... � .,.� ....,-.411,t42,-- =e_ _ice-i--v-,i r .> 3..z o-f$ ' 'Bills $S._ 'T}o f 9..I,D .!, ` 4 air I j - PLnt r FLARE-2.ABOVE EXISTING GRADE 6+'•: • - -✓ ^1. �4:98' 71 'J,AUK G S.I t?A.:Kaly r�,._.e •"._ M. Q_ _ g +>_a T _ ( ri „ I1 I 09]1 NlsI J61M1 61reet 1,,,-.J ` _ I 2 KES `, -- - '' i I I� i 2'FROM TWA:K. s1.Leea ssata,' �e:aa 3-MJ ,2 '''" _�- --'ye 3'i Ir I r '1 ".I' _ i� MULCH TO OUTER EDGE OF SAUCER.KEEP FILCH Sucre 2aa 1 7 A "4-550 �•_ 'i¢f 4�� - � �`.) I _ �__-��� � It''Stt EDGING �� _ x..952.6419989 '��'+ •'�`i�ti-�'���� < �///jf 1 PSG 'h02(� _\ _ I I� r n il i� EXISTING GRADE F..952..541A554 W ap VV ` I 4-PhD 9'g ,' �d L 5-RMD '".q{ ( ... --_-7= r `�I --1 I CUT AND REMOVE BURLAP FROM TOP 1/3 OF vnr,.xw.mm 2 d 1,91 _•1 V 1 PSG LAM TYP. WP I I 1 LAM,TYP.I li, i ( _ SLOPE SIDES NON-BIODEGRADABLE.REMOVE h 1 �i-- �-+ I I �� - SLOPE 51Dc5 OF HOLE T- -✓ 3-IUD. _-- - T- -1,1-44--.--;n I - I BACKFILL AS SPECIFIED �I %�. 3_r _ $ 3 4 r.L .I I __-.--- I i I T „ O DO NOT EXCAVATE BELOW ROOTBALL ° , P7g, INST if t'3 'LNG" `� ♦ - 'F, / i I I , 1 I TazE£TIMES LL i:1 t 5'KFG 1 re it �" of ROOTBALL r NG •r DE✓• T • A5 e��1' 0 �Q "'gyp@ i� e r -7-(1 r "- ' t. 3,:` EN T". o i ✓il /: `s o ' L ii; 3-550 I,, j F'////,�.A GH,ttP n 0� Oq ,i� I ADJACENT FENCE, o .,. fit_-_ II `_ •1__ ,•` -_.. __, •' �>' _ -_�_.. «e 7 1� �°l1 }I j c NTSR x 3- �� 59 3-KF6 IV fl nI i-_ _—I—_ ---_.• I" NCB •�r e eE;, ry. IT'- _ �( F C / —_ __�.I 5-pltV FP,. LLl I �. I FRIRE AS FIELD DIREGT'T BY THE TA - ' 3-r�0 �_ �. -- • __ __ Jam'-°--_l� �F r II ?i �I I ej LANDSCAPE ARCHITECT TO IMPROVE v ', 5_Pt� OI . — j O _ C3 p$'' ,n I I I e:I .S +� / -.�_-APPEARANCE(RETAIN NORNN_5,TREE 5T SHAPE/ •MJod�R I 1 F`--- _ 8-SSD a ° Q 1 THREE 2'X4`XB'WOODEN STAKES,STAINED a . F II t� _KF6 3-KEG-Q I i 1—. '.. /' t b.-, II ' "a�� `` - TOGETHER.STAKES:MALL BE PLACED AT 11220' Taco ' I _ l s°e«#h� L_y7� ;le,. 1 =` r THROUGH BLACK RUBBER HOSE DOLLARS• f 9 . 9i Z \ / TO OW ANOBER WIRE SHALL BE THREADED ' {' ! n �' C !�, ®� q..NLee' 1 z, TR MK FLARE J NGnoN: ,(� a �R - s.�. ___-Q _ 3 ® I 43' °N" I ' ° - - PLANT TREE I'_2"ABOVE Bell „�T� ry .! fh I.'! Jr 41 I (\I .,_'1 EXISTING GRADE 140 78TH STREET E. ' V (� .y -�){��J �/(�� i MACH TO FROM EDGE OF SAUCER KEEP T �` It l\� 11 a �� �� �,t� f MA CH2'FROMTWRK. RICHFIELD,MN 55423 �• \ ]i-- q KEG _ a t ui-- g_pMp j I I I I �_ INSTALL EDGINGS ens. '� \ ' ,� - _ 6 4=fiD 8- `_ - {�„f'.� 5-PFD ,^—i��4�\ LAL'N.TT 1 �, Co n,<� � aj,,,a 0 - __. —__—___—a3 q \VI�`M,LID Ik EXISTING GRADE `_ IVa/eE3y'dLS .� - Fa 25 I -... '�f°f" { ►r++1 . ' 1 �� T =4 04 t-------- r�➢t� ngq�a a�`�C 11 I ,, —__ !!!. CU AND REMOVE BURLAP FROM TOP Irs .- k\' II I I � i - OF ROOT BALL.IF NON-BIODEGRADABLE. --- 4•,,t om _.* _._... -' ''°':'''IUD .gut�,f`a1--rBAe INSTALL EDGING �_,I aol.a f, c' + 'r f.71,1\LL EIN3.•. I REravE COMLETELr �� ma'''r-' INSTALr"ET 6616—- _-._-_ - µ a �,< SLOPE SIDES OF HOLE '___`�_`_ e _____________________________//_-- �.�L AGKFILL AS SPECIFIED _-- _ N 89°5 0"E 268.66 o- :,ess.,a - __ens- ___ -_ - -ar. r, -__ ___ -__ a+3_ _ P,3.59 `. i"/s'v ,,:•eJe-s TL12EE TIES-4t5iiN- DO NOT EXCAVATE -- 5e44, ------ LAM TYP. 2:'"`e.xnn _.. -_. 'a"' x..ss--_ {T'T, - �•� OF RooTBALL BELOW RooTBALL -ea e 2 DECIDUOUS TREE o �. NT5 .e>3as b PRUNE AS FIELD DIRECTED BY 78711 STREET EAST LANDSCAPE ARCHITECT TO 114 ROVE NORMAL road) 1 `T APPEARANCE(RETAIN RMAL SHAPE/ --- PLANT TOP OF ROOTBALL I-2'ABOVE — --- ----- :.O✓M ME OF ME.541,1/4 OF MC 53 1/4 Of SEC.32,RV;26,R.24 7 ABOVE SURROUNDING GRADE `a=*+ KEEP MULCH 2"FROM TRUNK. INTERSTATE HIGHWAY No. 494 " 'Z.s.`: EXISTING GRADE LANDSCAPE PLAN 1'=29-0 I 1 Y: ROOTS AT OUTER EDGE OF 000100LL LOOSENED J� TO ENSURE PROPER BACKFILL-To-ROOT CONTACT Developed by: LANDSCAPINS NOTES S a���5 of HOLE Border Foods F T1r2EFCtFE5 sm.? -: BACKFIIL AS PER -.__ OF R00T9ACL.. SPECIFICATION I. ALL SHRUB BEDS SHALL BE MLCHED WITH 4'DEPTH(MIN AFTER INSTALLATION AND/OR TOPDRE551NG PLANT SCHEDULE - ENTIRE 51 TE DO NOT EXCAVATE BELOW OPERATIONS)OF I-In'BUFF LIF£5TONE ROCK MACH OVER WEED BARRIER CRIER TO APPROVE ROCK O SHRUB ROOTBALL. SAMPLE PRIOR TO INSTALLATION POLY-EDGER TO BE VALLEY VIEW BLACK DIAMOND OR APPROVED SYM WANT, COMMON NAME BOTANICAL NAME SIZE ROOT COMMENTS 3 965 Decatur Ave North EGIAL N T 5 Golden Valley MN 55427 DECIDUOUS TREES 2. RANDOM SIZED LIMESTONE BOIADERS COLOR AND SIZE TO COMPLIFENT NEW LANDSCAPING.OWER TO ARM 3 A33.64N RADIANCE AM Ater rt. 'Autumn Rodlmce' 25' 548 STRAIGHT LEADER FILL FORM APPROVE BOULDER SAMPLE PRIOR TO INSTALLATION. ILIL 3 IMPERIAL HOtEYLOGYT GIedR9lo trtoceethos'Impeole' 25' BIB 51RAI6HT LEADER FULL FORM IM1e,ebr certify Thal ma plan was prepared Mme« PSG 2 PRINCETON SENTRY PSG PSG IXldw Princeton Sentry' 25' 545 STRAIGHT LEADER FULL FORM LANDSCAPING REQUIREMENTS under my area suce�vwun.na mall em a nary 3. PLANT MATERIALS SHALL CONFORM WITH THE AMERICAN ASSOCIATION OF NARSERYtMEN STANDARDS AND keened landscape araa«a under Ma lava w me SHALL BE OF HARDY STOCK,FREE FROM DISEASE,DAMAGE AND DISFIGURATION.CONTRACTOR 15 samaNllnneseta EVER RESPONSIBLE FOR MAINTAINING PLUMBNE5S OF PLANT MATERIAL FOR DURING OF ACCEPTANCE PERIOD. GREEN TREES CITY OF RICHFIELD,MINNESOTA WP 3 MITE RUE Pkes strobes 6'I N. BIB STRAIGHT LEADER FULL FORM ZONING: MIXED USE COMMUNITY-NAFG ....re: 4. UPON DISCOVERY OF A DISCREPANCY BETWEEN THE QUANTITY OF PLANTS SHOFN ON THE SCHEDULE AND BHS 5 BLACK HILLS SPRUCE Picea ya.°17enscrta' 6'M. BIB STRAIGHT LEADER FULL FORM LANDSCAPE PLANTING, Patrick J6amer THE d1ANTITY 5HO1W ON THE PLAN,THE PLAN SHALL GOVERN. REIANTIN I TREE/2500 5F DIM DEGDUgY SHRUBS 40,298/2,500 16 TREES ,,„9,,„,,„9,,„,,„,,,e9iYm �: 24904 5. CONDITION OF VEGETATION SHALT.BE MONITORED BY THE LAtVSGAPE ARCHITECT THROUGHOUT TIE CBB 4 COMPACT BURNING BUSH Euoryres°lotus' poetus' M5 CONT. DENISE BRANCHING PROVIDED, 16 TREES P,yee owe.: dean Maascn DURATION OF THE CONTRACT.LANDSCAPE MATERIALS PART OF THE CONTRACT SHALL ER WARRANTED 5* 8 EMERALD wuto HONEYSUCKLE LOR/Gero llsLeun Emerald Mound' Piwne Number: 952.541.9%9 FOR TWO(2)FULL 6RGfNING SE,0.°i0l1'i FROM SUBSTANTIAL COMPLETION DATE. r^1 115 CONT. DENSE BRANCHING, REGTIIRED, 1 SHRUB/1000 5F M.A. 40298/2300 = 40 SORES 1.94 History Date 6. DISTURBED BY CONSTRUCTION ACTIVITIES=.,HALT.RECEIVE 4'LAYER LOAM AND SOD AS EVERGREEN SHRUB PROVIDED, q0 5FM2UB5 CUP 3/6/13 SPECIFIED UNLESS OTHERWISE NOTED ON THE DRAI•YNGS. NJ II FEDORA JMIPER Jslpervs scopuloNTn Madero' 15 CONT. FILL FORM CUP 4/8/13 NCB lb NORTHERN CHARM BOXWOOD Bonus Wilson' •5 �T• FULL FORM PERIMETER PLANTING:MAY rY7.10®x1IF 815 L1 FRONTAGE R.ANrn1s) 1, COORDINATE LOCATION OF VEGETATION WITH UNDERGROUND AND OVERHEAD UTILITIES,LIGHTING REQUIRED, I TREE/40 LF STREET FRONTAGE _ _ FIXTURES,DOORS AND W.NPOWS.CONTRACTOR SHALL STAKE IN THE FIELD FINAL LOCATION OF TREES PERENNIALS 418 LF/40 = it TREES AND SHRUBS FOR REVIEW AND APPROVAL BY THE LANDSCAPE ARCHITECT PRIOR TO INSTALLATION. PROVIDED, II TREES P1417 35 PARDON FE DAYLILLY Hemer'ocalis Pardon Me' *2 GONE. - S. ALL PLANT MATERIALS SHALL BE WATERED AND MAINTAINED UNTIL ACCEPTANCE. 580 21 STELA 5UPREFE DAYLILLY HemerocollN Stella Sopremo' M2 CANT. REQUIRED: 25%SF=PLANTING BED ®- _ 8E5 12 BLACK EYED 51)5AN Rucbecklo 16191d0'6oldstum' •2 CONT. 1236 SF X 025 1,810 5F ®- 9. REPAIR AT NO COST TO OPFER ALL DAMAGE RESULTING FROM LANDSCAPE CONTRACTORS ACTMTIES. PROVIDED: 1,402 SF(26330 4. SRASSES 10. SWEEP AND MAINTAIN ALL PAVED SURFACES FREE OF DEBRIS GENERATED FROM LANDSCAPE 'aA•DEVe.oPAele WoSCME AREA=ALL 51TE,vEw MT wn1N A YETI.NO OR WATER BODY New Building CONTRACTORS ACTIVITIES. __ 29 KARL FOB25TER GRASS GalanajastK x acutNbra'Karl Foerster' *2 CONT. 11. REPAIR AT NO COST TO THE OTSER IRRIGATION SYSTEM DAMAGED FROM LANDSCAPE CONSTRUCTION ACTIVITIES. LEGEND 159,61 SEATS.2030 G. 12. INSTALL PAVERS PER MANLPAC URER SPECIFICATIONS AND AS SHOW ON TTE PLAN. OPRER TO SELECT E�o LANDSCAPE PLAN PAVER TYPE AND COLOR. IAA—LIMIT OF PULCI1 13. PROVIDE SITE WIDE IRRIGATION SYSTEM DESIGN AND INSTALLATION SYSTEM SHALL BE A FULLY PROGRAMMABLE SYSTEM CAPABLE OF ALTERNATE DATE WATERING.THE SYSTEM SHALL PROVIDE HEAD PROPOSED TRH P.4,,, 2010 06.06 TO HEAD COVERAGE AND BE CAPABLE OF DELIVERING ONE INCH OF PRECIPITATION PER PEEK.SYSTEM Dram osu _ SHALL EXTEND INTO THE PUBLIC RIGHT-OF-NAY TO THE EDGE OF PAR-HAY/BACK OF CURB. ��.pp�� 14. CONTRACTOR SHALL SECURE APPROVAL OF PROPOSED IRRIGATION SYSTEM INCLUDING ORIGINS FROM �tlCr-PROPOSED SHRUBS-SIZE VA-SO'PIE SCHEDULE GM1eeked oc OPEER PRIOR TO INSTALLATION. ®—DECORATIVE BOU ENS,18'-30'DIA. TACO BELL RICHFIELD,MN WCL Associates. Inc. Architec tore Interiors 4931 Nest 35MStreat Suds 200 St Lou.Palk,Wrewa he to to to 5, to 51 be L b, 5z 62 56 b 13 13 53 53 53 Dz h Ito b 13 b to 53 63 43 53 be 52 52 5z 13 13 53 53 13 b 13 5z 12 5r b 61 51 Dl 1; to It 5o h to to h la be 55416 T..952 5419969 I. 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It 5z 1z b Is is s 1.9 1 le }. 3, Is 43 it 16 to Is 34 57 5.7 !s 1, 1s s is 13 5, b bs 1z in b It 6s + 1s 14 /. 53 52 1i It 50 1 b6 be to St RICHFIELD, MN II b 53 bo 52 I3 56-I. is—It 5 -1-2 -5I •a-1s—L--}e"!e -1A 11 1 h--1[ 5, -'Fa '-}5 IT !i 51—Sz 5—36-5> 14 Tz le bs Sr-tc 1.-13-12 -11 It , h 5e to De i.� . A b b it 13 1a 1i Is b -9 ,n :_• , , , a , a , 5, 5a 4 4, !> 5 4, t a _' e }= b ,; 3 fe 7 , 1.. 5< b 1e b 1 51 1. le Se PREPARED BY: J D H N B U J A K E In 5, b b 53 b 1, le 1, l L�(�)�' m►(�)�' �{I)� 3.,4i ACCUSERV LIGHTING & EQUIPMENT a"'Alt, �("n M( !> . b 33 4a }3 !s Ss as So !z t, In b b . U , Ss i3 `z D, , i, I, ba Ie L I. 51 5z 52 D. Is le t- ` - 4. •1 3.s -R,`1� 3s 33 30 !a !1 }.4 46 1 z 53 -- 44 5e 1, �13 5, 56 1s 53 52 11 L Si b be Taco b h b Iz 53 13 , 10 4 , 51 54 5 ., I 877-707-7378 §3 5a ks }s !s }. 1s is le Le 41 56 + b L e I. 10 1e to bz 51 51 L. 55 b b, Dz Iz b. 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Ss 59 1. 56 12 Dz b bt b b bl b 6z fa S. k s '�'. b �}.9 > is 13 52 5i it b o fe Do iv De g16 56 Is SI 5. b - 11 5z—12—la-7s - -11 55 55 1T DT-b—b-51—11-11 -11 -S 5. 15 i.— Developed by: T - IT' 1 b—5a 5t�l 6 66 is to 4 to 5, E 56 5. 1a 1v b b b it i.. 11 1z 1z D. bs s. e Border Foods 3 Iz , io b Sl 1, b 1, 52 53 14 15 la D, i, 56 is b. 13 bz i1 Yo le bn be it 1a 5. 4a be q fa 5e to be le 5o 51 b 11 b b 52 52 t. is Ss 5+ . , 5, 13 54 53 b b 56 56 Ito 1a to De Do to 51 56 b b bz 52 b 53 1. 56 53 13 53 1z 5, It 51 In to 10 6e to to Is be QuQ le it 1d 5e 50 50 50 la 5o 5, 11 It 52 bz fz 13 1. 5. 5. 5. 13 S. 5z 11 b b 5e 5o to b 5e to to 5e to b. 11 It 51 5e Sz Sz Sz bz 5z bz f. It b b to le Dn De to le Se 50 N 965 Decatur Ave North le 5o Se 6o to la 16 to In ba 11 D. b 51 Ss 1z 12 Dz fz Sz 12 lz 11 b b La So to le 11 be 5o 10 be to 1e 11 5. b In 5. 11 11 b 11 11 11 b S. to le to 50 5e b to le S. Golden Valley MN 55427 U te 8 lo le to be 50 to b in Ss to 5o b la Do 11 b 51 b b 11 b In to 11 S. le Sa So S. S. to 5a Se le be So Ss to to L 11 S1 Si b, b b Si 5e 5, 5e 5e 5o le to fa to le to 11mSD ass Hal His lo L 10 So to So S. So le to 1e De ta tt 5, D1 is b 11 is b D. to In to to la Se to bo to 1e la to ba S0 So Le So to be le It So is So Ia to De to be So to 10 be to So to under d died *awns Mal Iad by dues UZ my supervision and Mallarnaduly O ioeased ardtaed ender Me Wes date State of D nes. a Statistical Area Summary Luminaire Schedule 5•9041,I: Project; All Projects Project: All Projects Rao„ Daae cure t Label Avg Max Min Avg/Min Max/Min Symbol Qty Label Arrangement Lumens LLF Watts Description Registration: u.683 PARKING LOT SURFACE 221 3.9 0.6 3.68 6.50 Q 14 TB SINGLE 700 0.900 20 ACCU 05247-051-052 w/ LTI LP10566SP2D @ 9.17' A.F.G. Pooled Contact: DIP^6 >an 8 DRIVE-THRU LANE SURFACE 1.93 3.9 0.3 6.43 13.00 --EJ 7 A SINGLE 22500 0.750 288 ACCU 95200-FP25PS-FG / 95200-421.5S P1,aea,a.nna„ 952 541.9969 �1 LIGHT LEVELS ARE MAINTAINED FOOT-CANDLES, INITIAL LEVELS ARE SLIGHTLY HIGHER LIGHTING RESTRICTIONS FIXTURES MUST BE FULL CUTOFF Not tssrory Dab CUP 03062013 FIXTURE MOUNTING HEIGHT NOT TO EXCEED 24' A.F.G CUP 04.082013 MAXIMUM LIGHT LEVEL NOT TO EXCEED 4.0 FOOT-CANDLES ° MINIMUM LIGHT LEVEL TO BE 0.2 FOOT-CANDLE OR GREATER ®- F SITE FIXTURES ARE FULL CUTOFF 250W PULSE START METAL HALIDE w/ FLAT LENSES ®- - POLES ARE 21'-63 FOR AN OVERALL FIXTURE MOUNTING HEIGHT OF 24'-0' A.F.G. A- 7 A- iF New Building T-50,61 Seats:2830 SF PHOTOMETRIC PLAN Project 20120805 lDavin DSM PHOTOMETRIC PLAN A d PM i.0 TACO BELL RICHFIELD,MN 9 - 14, WCL INOTE:SEE FULLERTON BUILDING SYSTEMS Associates. I R C. FOR ADDITIONAL INFORMATION NOTE INSTALL ACCESSIBLE PARKING SIGNS FROM THE HEAD END OF THE PARKING SPACE AT60.66-ABOVE THE FLOOR OF THE PARKING SPACE F Architecture 0 AN ® Interiors: ® ® irk 96-2X-STUD TO STUD 49N West 3An street Suite 200 58-2 - 51.Louis Paek,Minnesota 7.4 8-0 14 14-6Y' 23-6 55410 R0 8 3-10 0 9 2-6' I-IX- S-0X' 'Y' 5.0X 'Y 5-0X' 5. 24-4 26Y 9' 8- T..%3.541A%9 7-9 2 3-0X' 8.0 3-OX2 3 Ol' - _ - '411 q - R.O _ --•_ _ _ Oi 1-2 F.951_541.%59 R O R.O R.O R.O NOTE-I TERIOR © 4 8-0' I -11X- g-p wex.vaa.wm WALLS AND IUN3 © CLEAR AT EIFS-IN TRAS.ROOM ARE TO BE HOUR I © Ir, 0 ----- _ - PgTEO Eel .;-_ - i•-=:.__1•-=.-.. - -- E O �I _.1! _ ❑ " m O - �1! CIO O O �!40 1e © 0 1 _ © Q s7- 9 IPA"ASE z7 ®IiAASH Rtv '.9 15-2Y' m 25.6X- -8 I -\- T: H O I-- SINK _ e iLk ©7 O ' 27 I, - I ® 0� 7 A8WARe ;I� O ( � 5-0 2-3 " 6 ,�•11': :?. Taco I °o� e WASHING A. t n 7 _'.� J ® �� V �• --� I MEN I " 5 A80 :::�,,. © Bell i®� J © It-IIY 7-0�.1��1 CO 0 Its m O if N CD ��1 „ii 7740 2ND AVE SOUTH 1 _��.� m 11, RICHFIELD,MN 55423 p 2/ © �ut IS77 C © I I 430 C);;; P '..2 I DINING I .--( -4---J i-\ 10 1. OFFICE /( --._J •I Mr O ® �ai / / , t j I I E �1 �� ISERWNGI �__li:, ICUSTOMERI q �i 0 l 1��1. ' Ills-i� Y11} ;44 1i I I., ,1 m E - ...11716NMe e L PREP I NOTE.PROVIDE IN I 0' 0, ` 1 - 1 1 ® 3 fD OI. To AM nq o -� __-, 0 6 FLOOR PTOR(NS) �-Q _--_/e® t,.. y 2r w �� I in• ABS P8.2 121 N - INTERCEPTOR(NSF) , _�I--- y °i N ® ,i 7-10 I ® 10 • C f • NOTE'.PROVIDE SIGNAGE 1 GI I 2-5 �2 I I 4c, AThIEMRANCES 1' I b` DRY DUAL PRODUCTION UNE ' 15 / ITd COOK) `i I IDENTIFYING FACILITY IS ©I ', \ 1 © NON SMOKING. 0 I A0� © i�� --- _.- \ _ 47-4X 70% 32.6Y' = ©{ NANO: �`�r_C I --I' ,1-6 -- HOOD 1.6- 9-t0 (DRIVE-THRUI I �"' I1 o I (� (O O 1. ® I FW OM. 11 ® _ Q � -`v FREEZER I - ® �' • O %I S''-• 27 - I \ .��v I• i¢`-0' 11 20 4310 I KITCHEN I ® 430 NI • Aft S - G i O I I 1, n 2 �� '° j ` ® 0 27 ® 8 arm ..2.:r.. ..... .. ..:... '\ �� 0 .1,el 2 ,_, ,_, ,- - ...-4.-.. • 72-tX 16-0 11.7 W/,' 4Y as.1 AS d Ali 4-83/i 4 5-7 45-436 r 4-BY:' sa. --- - ---' 2 1 i 3,1% Developed by: �I 14-2 5-6X' 5-6X" '4�T 5.6X- 1- 40-0 2-9 9.3 R.0 R.O R.O. 97-10'STUD TO STUD \ 2-9 I 272}r 57 Border Foods 0 ■ ® A41 NV ® A 965 Decatur Ave North lel Golden Valley MN 55427 I 12 I 11 I 10 I 9 I 8 L 7 I 6 I 5 I 4 8 I 3 I 2 I I I hereby certify Nat Nh Man was Prepared by me or U under,direct sopervisi.and Mat I am a duty FLOOR PLAN 1/<=1-0 A Oceved a¢naect under We larva of Slate of y TYPICAL EXTERIOR WALL' - INTERIOR SOUNQRATED WALL' DIMENSIONS: STARTING POINT.ALL SUB-TRADES SHALL USE THIS POINT Minnesota z / 2k6 WO STUDS AT 16 O.C.W/SHEATHING AS SCHEDULED TYPICAL INTERIOR WALL W/3-12085.1/2 A. ALLDIMENSK)NS ARE TO FA OF STUDIIO.N.REFER TO 1O CD SPLASH GUARD.SEE DETAIL SHALL 25 WALLPAfl11T:ON-GA FILE No.MWALL(I HOUR FIRE RATING) $ ;- ( (SEE STRUCT.DWGS.)AND 6-19 KRAFT-FACED FIBERGLASS , UNPAGED FIBERGLASS PATT INSULATION FOUNDATION PLAN FOR FACE OF CONS.DIMENSIONS AS ABEGINNING IAMOUT(INSIDE FACE OF EXTERIOR WALL STUDS). BE COORDINATED WITH HAND SINK INSTALLATION PROVIDE O ONE LAYER 5,8 TYPE X GYPSUM WALLBOARD.APPLIED AT RIGHT ANGLES TO EACH BLOCKING AT WALLS. SIDE OF 2x6 WOOD STUDS I6'O.0 WITH 2 TYPE S CR 65 DRYWALL SCREWS 7- sgrewre: gg BAIT INSULATION U.O.N.G.C.SHALL PROVIDE2LAVERS OF DIMENSIONS NOTED AS-CLEAR OR HOLD-ARE MIN REIS D. O2 6-STUD WALL.FINISHED PER WALL LEGENDS/THIS SHEET Name Dave Clad/ .D GRADE D 601b.BUILDING PAPER NET CLEARANCE NT SIZES FROM FACE OF WALL FINISH VERIFY FINAL O.C.VERTICAL JOINTS STAGGERED I6'O.C..HORIZONTAL JOINTS HOODWALL' EQUIPMENT SIZES W./VENDOR PRIOR TO IM WALL FRAMNG cip LIGHT CONTROL PANELS. STAGGERED 24.a 0 ON OPPOSITE SIDES. I8N3 v TYPICAL EXTERIOR WALL WITH 20 GA S S.PANEL O3 PIPE BOLLARD.REFER TO SITE DWGS COORDINATE WITH LOCATION RegisKaf: m TYPICAL STUDSIORWALL: BEHIND HOOD.VERIFY HEIGHT WINDOWS SE /DAI.1F OF GAS METER. i6 PROVIDE HORIZONTAL DOOR SWEEPS AT ALL EXTERIOR DOORS. Dean Madson $ 2x4 WD STUDS AT 16'0.0(2x6 OR 2(8 WHERE NOTED.) A S S/DOOfFORN7NDOW TYPES AND DOOR SCHEDULE 2g SLOPE CONCRETE FLOOR TO DRAIN Prefect Contact: B ALL DOOR AND WINDOW OPENING DIMENSIONS ARE TO 110 SEE SHEET AI.1. phone Number: 052'591,9969 II, 0 HOOD WALL SEE WALL LEGEND 27 DUPLEX OUTLET.VERIFY HEIGHT WITH OWNER KNISH SUBSTRATES. FRP TO 48'AFF.PAINT ABOVE WHITE SATIN FINISH_PROVIDE Prklt Hialory Dam DASHED UNE INDICATES INTERIOR SUBSTRATE A PROVIDE I/2 THICK MO ISTURE RESISTANT GYP.BD FROM O5 ELECTRICAL MAIN SWITCH BOARD.REFER TO ELECT DWGS. 17 2X10 CONT WOOD BUMPER VERIFY HEIGHT SEE SECTION A;A5.3 CUP 03.06.2013 LOCATION WALL SUBSTRATES: FLOOR SLAB T012'A.FF.MIN.IN LIEU OF GYP.BD..U.ON 28 METAL STUDS REQUIRED PER LOCAL CODES. B ALL JOINTS.GAPS OR SPACES LEADING TO ALL HOLLOW OR UP 04.08.2013 ©CO2 C0 FILL BOX LOCATION. O 29 WATER HEATER LOCATION.WALL MOUNTED. -DINING ROOM. INACCESSIBLE SPACES SHALL BE SEALED WITH'NSF 18 6'DIq PVC STUB CEILI,VG.SEE DETAIL 18;A6.4. c ALL BNCPOFH APPROVED FILE WAS METAL THRESHOLD WITH TILE EDGE ON INTERIOR SIDE �- 1;2-CEMENT WALLBOARD FROM SLAB TO MIN.WITH I/2GYPSUM WALLBOARD FROM T.O.CEMENT TO6ABOVE CEILING C. ALL BACK OF HOIISEAN7 OFFICE WALLS SHALL HAVE O 19 PRO`/!DE-'-BENT STEEL PLATE JAMB AT EACH SIDE OF POOR 30 FIRE DEPT CONNECTION AND LOCK BOX ml HEIGHT U.O.N SEE 6.8816!A6.5.(NOTE THE CEMENT BOARD SPECIFICATION IS DESIGNED TO ALLOW THE GC.FLIXBLITY) 112'COX PLYWOOD SUBSTRATE.U.0N PAINT 70 MATCH ADJACENT SURFACES te)y- E$i a ORO`nDE SOUP BLOCKING FOR WALL SUPPORTED ITEMS O8 INSULATE TRASH ROOM WALLS AND CEILING 31 GAS FIRED UNIT HEATER IN TRASH ROOM GC PROVIDED AND INSTALLED -KITCHEN WALLS AND DINING ROOM CLOSET. A SE 20 STAINLESS STEEL PAN OWNER PROVIDED.G C.TO INSTALL i 12-CEMENT WALLBOARD FROM TO.SLAB TO 12 AFT.WITH 1/2 CDX PLYWOOD W/FRP SURFACE FINISH TO 6'ABOVE CEILING HEIGHTUO.N A SEE A2.0 FOR SEATING PLAN ANO DETAILS CD SCUPPER AND DOWNSPOUT. 32 CANOPY ABOVE SEE ELEVATIONS. IF DOUBLE SIDED SHEAR WALL PLYWD IS SPECIFIED THE PLYWOOD SHALL SHALL BE CONTINUOUS FROM SILL PLATE TO TOP PLATE 8 SEE A7.0 FOR FLOOR FINISHES CD PROVIDE HOSE BIB IN TRASH ROOM FREEZE PROOF. • SEE 4,116,201 A65 C. SEE A8.0-A8.3 F O R W A L L S FINCHES (-7--. SS.CORNER GUARD/WALL CAP,TP.ALL CORNERS IN D SEE A7.I FOR CEILING FINISHES. BACK-OF-HOUSE FROM REAR WALL TO THE KITCHEN SIDE OF CD KNEE WALL TO SUPPORT SERVICE COUNTER AT 31-3/4 AFF. -RESTROOM WALLS. GENERAL THE SERVICE COUNTER SEE DETAIL 19/A63 PROVIDE 12 AFF CEMENT BOARD ALL SIDES.PROVIDE New Building 5.18:CEMENT WALLBOARD PRONTO SLAB TO TOP OFPLE WITH 5.18'HI-IMPACT BEANO XPWALLBOARD.TYPE XCORE FROM T.O CEMENT BOARD A PROVIDE THREE FIRE EXTINGUISHERS-(3)K TYPE-TO 314:PLYWOOD AND BASE ALL SIDES.PROVIDE FRP ON KITCHEN T-50,61 Seats:2830 SF TO 6-ABOVE CEILING HEIGHT kJ,D.N. NO SUBSTITUTIONS ALLOWED.FINISH AS SCHEDULED.SEE I 1(SIMI.12/A6.5 COMPLY WITH LOCAL FIRE CODE.LOCATE PER DIRECTION 71 ELECT.PANELS IN 6'(NOM.I STUD WALL SIDE.SUPPLY AND INSTALLED BY GC.DECOKE TO PROVIDE AND OF ARE MARSHALL OR LOCAL AUTHORIZING AGENT. REFER TO ELECTRICAL DRAWINGS INSTALL FRONT AND SIDE WALL FINISHES AND SERVICE COUNTER. -TRASH ROOM WALLS: B. DRAWNGS ARE BASED UPON WOOD FRAMING.UTILIZATION NOTE NO EXPOSED WOOD TO BE ALLOWED FLOOR PLAN ONE LAYER 5:81 TYPE X GYPSUM WALLBOARD.APPLIED TO EACH SIDE OF 2x6 WOOD STUDS 16-0.C.WITH 21/4 TYPE ORW DRYWALL SCREWS OF METAL STUDS ON NONBFAR:NGINTER:OR PARTITIONS. p 4-DIA PVC SYRUP LINE CHASE-IN-WALL SEE DETAIL I9/A6.4. 7 0 C.VERTICAL JOINTS STAGGERED 16'O C,HORIZONTAL JOINTS STAGGERED 24'O.0 ON OPPOSITE SIDES GA FILES No WP 3660 BULKHEADS AND SOFFITS IS ACCEPTABLE. (1 HOUR FIRE RATING).SEE SECTION A/A55 C ALL ATTACHMENTS MADE THROUGH EI.F.S SHALL BE BUSHED 13 8x8-HORIZONTAL OPENING FOR SYRUP TUBES.COORDINATE 23 PROWOEBEMSTEEL JAMB AT EACH SIDE OF OVERHEAD DOOR TO PREVENT DAMAGE TO T,£FlNIES PER 17/A63. WALL PENETRATION PANT TO MATCH ADJACENT SURFACES. O ALL PENETRATIONS THROUGH CI ES S SHALL BE SEALED USING -ALL OTHER FRAME WALL CONDITIONS. MFRS-APPROVED METHOD. 24)GAS METER 1/2-CEMENT WALLBOARD FROM TO SLAB T012 AF.F.WITH 12 GYPSUM WALLBOARD FROM T.O.CEMENT BOARD TO 6 ABOVE CEILING HEIGHT Prged 2072%% . U.ON FlWSH AS SCHEDULED- Dreem DSM WALL LEGEND E FLOOR PLAN NOTES D KEY NOTES I B Checked D` A1.0 I TACO BELL RICHFIELD,MN ■ 0 -- i 9— WCL Associates,Inc Architecture Interiors t — SBIEGHNAD GE LAT WALL I�} aasl West 35th so-en State 200 Et Low Park,Minnesota 55416 ' 1 952 541 9969 I 052 5419554 5 eem 4.:: TACO BELL _;. 1 1 .__-.._ _ __�._ __.--- __.._ 1 TACO BELL 1 3 I 1 1.' 140 EAST 78TH STREET 7 RICHFIELD,MN 55423 �I ) 1 i III; I . $ OSIDE ENTRY ELEVATION 184"a1'-0" 0 © 3 I 1 1 " I F61 0 • 14. . . _44 1 :,...,..._, ._ SYMBOL AREA MANUFACTURER COLOR ALTERNATE MFR. ALTERNATE COLOR IAereb,OehN 0.e 0s Wn was Ptepeied by — me or order my deed supervision and that! - am a duly licensed ar<b laws aed racier Me la of MAIN BUILDING COLOR SHERWIN WILLIAMS SW 6122°CAMEL BACK' LOTUSAN NA08-0011 Me Stale of Minnesota © -- SIGNATURE: WALL COLOR BEHIND SCREEN WALL SHERWIN WILLIAMS SW 6831"CLEMATIS" DAVE CLARK REGISTRATION- 14.883 ACCENT COLOR SHERWIN WILLIAMS SW 2823"ROOKWOOD CLAY" LOTUSAN NA08-0010 PRINT HISTORY DATE fl SLAT WALL AND VALANCE COLOR SHERWIN WILLIAMS SW 7034"STATUS BRONZE" © PARAPET CAP COLOR SHERWIN WILLIAMS SW 7069"IRON ORE" 13 STONE WALL BORAL-PROSTONE LEDGERSTONE VINTAGE WINE"PRO-482284 El STOREFRONT WINDOWS TBD "DARK BRONZE fl PIPE BOLLARDS STREET SMART YELLOW-1/4"THICK PLASTIC COVER(US.POSTMAN.COM)OR EQUAL EXTERIOR ELEVATIONS PROJECT: 2012.0605 CRAM: DM CHECKED OC ■_-I TACO BELL RICHFIELD,MN I r I '` WCL Associates,Inc Architecture Interiors 4' 2 BEHIND SLAT WALL 4 463,West 351M1 Sheet f 1 SIGNAGE 1111 St Leers Park,M nnescla 55416 1..952.541 9554 011L‘. i I 952 5419554 171 I ssswewcla corn '_ TACO BELL _ .v ;, _ -�� (�� ! TACO _ . BELL � I 4111 F"-. . • 140 EAST 78TH STREET j1 c RICHFIELD,MN i I 11 1-,,---j F I 1 55423 • ._ Y ir OFRONT ELEVATION REAR ELEVATION 1f4.. 1.-o.. O 1f4"=1,.0., 5 S 5 2 BEHIND IILATWALL 4 5 5 x� A� 4_I ,.--.. I I Y _ 4: . Iher hereby planwarona.that aI 4 a pe rsmaaMl y. TR# 1 yfi - �YA3 C am auY licensed acftecen.,dm kcs cf i i ley+ r s� ra ISM- ? S.Sw.a'4 4s:3,L 3 1 L-1 Q, K K .;s a� v > S s a: ='�" °• SIDN4iONE.•11-'43,.,.T-- 4 I -a K -.i 3ra Z::�+r ^.Z. e 're .4 DAVE CLARK Q.—r.. s' 7.. _.. - _ .K+7� ReclSirunoNKR.x- � e 1.rl _-- . x-.�+ .a^� � t i � POINT HISTORY DATE • i S ' L _i iii}. z i j r� #l 3 '_ i ; { 'fie_•_; :f4-':t—; Fr s J ODRIVE THRU ELEVATION 124-=1•-o" EXTERIOR ELEVATIONS PROJECT 2012 c605 DRAWN DM CHECKED DC ■2 TACO BELL RICHFIELD,MN q - i-) WCL Assoc aces,Inc Architecture Interiors _ • Taco Bell �I w,l�al 5u.r ``-- EVOLUTION DRIVE TH'R.0 MENU BOARD-W/AlidPl. sPair Y1 ' EXTERIOR SPECIFICATION `'- ',�z PART#:E002131P �`� �_.�am f 91'362" 72.0" — 11.599" 7,375' Decorative Lighting 8��� ` (- -- PROJECT: 18,584" Taco Bell TACO ,,,_ BELL Type T3 7 _ Accusery 140 EAST 78TH STREET n ` { a RICHFIELD,MN fi z LIGHTING& EQUIPMENT 55423 3865 Produce Rd 70.131" Suite 208 Louisville,KY 40218 Toll Free:877-707-7378 Phone:502-961-0096 Fax:502-961-0357 Web:www.accu-serv.com 15,650" 1 Item#05247-05 I 105247-052 33,0" i FRONT VIEW SIDE VIEW SCA SCALE:1/2-=l'-0' LE:1/2-=1'-0" =ii=n—il=ri-ii-li-u. io ihii-il-iianau-ir-ii-q- Classification: Up/Down(2)light Wet location wall mounted cylinder with top cap 6=�i=n=ii=Tru.-- H-n=n-T-TI-Ti=T1-II- SION SPECIFICATIONS 11-Z=11=1J=11=li I it =4∎=11=er=a=11=11=11= ia-11=11-0=11= { 11=11=11=11=11=11=11- ' 0=11=11=11=11 +11-11=11-11-11=u-" IAaterlala 'I=u-u a-n=' li—n=ir •Cabinet Ddruded aluminum •11=11-11=1_I-II':g ,I •11=1_1=' '.11=0=n-11= r. II- — •Face.150 Sta PoIycarbenate Dimensions:Diameter-6" -11.=i1=11=6 , II- -11=11=11- AMOS ,•,n, -11.,411X111"• ;' I•E ELECTRICAL EUWIJIT •Open doom&remove panels 11 fi ' WO FOVEA ID NM ROARED NOTE, S LOV VOLTAM WIRING IS REWIRED. Squared 66.44&I FL Height-IB" E-I'ELECTRICAL COMM„UST((M • Wild Load eted Depth-8 7/8" 13 cEM m k s TIES •50 PSF,150MPH wind speed-exposure C. FOUNDATION DETAIL `"R " haeey cedrydx lc.ed under De o,woe.n.,t d.eel soPervbbn: 1M11 maduy licensed a,chM , the lava of GALE:NTS _ IMMo MUM ELECTRICAL SPECIFICATIONS Finish:Bronze 0,So,of M nnesola _i' w• ve ncAL REARS Ballast.4)F025/74136"4100K,(10)F032/74148'4100K SIGNATURE DAVE CURK SPACED EQUALLY E•1 er CIRCLE • Electrode ballasts 0 S6 empa each •�Electronic ballast O.17 amps Lamp Type:(2)18w PAR38 LED REGISTRATION .eaT 9' -_ ' Una Isar •4.08 Amps 0120VAC E#-E52809190 PRINT HISTORY DATE tP c-] •(1)15 Amp clout 60 Hz U.48 6 NEC Compliant q. COLOR SPECIFICATIONS Location Exterior 6" Interim WI HMO '" BASE PLATE DETAIL i-I 1'1' ,75"thick �rDoors�3Mu 30 �°"�° Lamp Type: �.a.: SCALE.1"=1'-0" — I I Graphic Woeeb Specifications: -6-- Leadtime TBD II I DISCLAIMER Renderings are tor graphic purposes only and not Flendad for actual Domtudion daemons FDreindDad requirements,actual dimensions Everbrlte and mulling deml.please refer lo engineering apeci6ea5ens d Install drawings. 235729 denay systems ann 4949 5 1101h St.•Greenfield,Wisconsin 53220•Phone:414-529-3500•Fax:877-430-7364•www.everbrite.com rb 11/7/07 LIGHTING/DRIVE THRU ODRIVE THRU MENU BOARD O BUILDING DOWNLIGHTING PROJECT 20120005 2 DRAVU2 GM CNECKED. DC L_4 TACO BELL RICHFIELD,MN - 1 WC Associates,Inc Architecture Interiors 4931 Nest 35th Street -.;� Suite 21)0 Louis St.Lo Park,Mnnesota 70'-O" EVOLUTION PORTAL DRIVE-THRU CANOPY 55916 1.952..511.9969 VA C° 1,ww 952..59,9559 ..Na.com 6'-1115/32` _i_- 7'-33/16" II�1° I— 4'-6 7/8" 9'-8 9/16` 4't — 9'-4 9/16" � _ ° BELL O f 1'-29/16' 70w METAL HALIDE i 8'2" - �<OOD LIGHT FIXTURES / 140 EAST 78TH STREET � RICHFIELD,MN • 14r Don't Rht j Your On This! — 55423 9'-61/32" 117.89° 6.-0" 8`-0 9/16" J I 8'-6 15/32" I 10'0` SCALE:3/8"=1'-0 1 j I till'Iii [4-111 P 1 COLOR SPECIFICATIONS '� FOUNDATION REQUIRED. Yellow PMS 108 --uI-1 1 REFRENCE SITE SPECIFIC Violet PMS lydet C [[�1.+J_O ENGINEER DRAWINGS Bronze TB Bronze Tiger DDryla 49-68230 C33 1 u�'` 1-i 3 1 ! d --' 1=1 11 )i)-1 I I-1 I I u1 1 ' 111=11 11 11-111=1 3 ' c 1,1- 1----111-1=1I1= it Ii =III—III ",�- +' �,,`5`- he,�e.N�the�aP�nwas,Y)r . t,0 n.dveclsup oo4e.05 III—)1 ! !! 1 111—I m aevrensed atehaect under the aw:m by 1 r--- 10" the Slate of Mnresoa 1=111—_ I i FOUNDATION REQUIRED. I_ REFRENCE SITE SPECIFIC SIGNATURE: 111-1 1 I I! 1 1 ENGINEER DRAWINGS DAVE CLARK 1=111- 1 — 4' 9.SS3 _ REGISTRAnON. _ V71—�V7 III—I I 11-1 I I -1 • l 10.0` 7'Oe [- I COLOR SPECIFICATIONS PRINT HISTORY DATE 1-111— _111-111 _ _ _ T Bronze TB Bronze Tiger Drylao 49-66230 C33 111=II II IIII White SW2123 I 111= -2 — i l 1=11. . , .—II—III—III—III 1=1 I I-1 11=III-1 .1,a 1.w DISCLAIMER:Rendetit� brprepf Ieglll<erll¢(119,edire!dimenabrls DISCLAIMER'.Ron derirpcarebrpfphbprposesonlyendriotintended fractreirmelnrctiOnfrflleCTIDR3.For%Woadree{une/neds,actualdmtrl9lorn ' ' Everb ill - end ft dafal.plasm,refer to erelneedng ulkations 8 ku drex{3nanebru.ForwFrdaed CV�r1...iie vr,d">orr/ll>B detei.pbeae rebr m erglneedng apedAcatlors Q ..... ingf. 282691 282691 G �LJI�� • 4949 S 110th St.•Greenfield,Wisconsin 53220•Phone:414-529-3500•Fax 877.430-7364•www.everbdte.com rb 5/4/12 • 4949 S 11 nlh St.•Greenfield,Wisconsin 53220•Phone:414529 500•Fax:877 430-7364• v.everbdte.com rb 5/4/12 LIGHTING/DRIVE THRU ODRIVE THRU CLEARANCE BAR O DRIVE THRU ORDER CANOPY PROJECT: 20126695 DRANK: DM CHECKED: DC L-3 TACO BELL RICHFIELD,MN ,„ MENARD q - (9 0 Ma April 16, 2013 City of Richfield Steve Devich—City Manager 6700 Portland Ave Richfield, MN 55423 Dear Mr. Devich, Menards has reviewed the plans for the new Taco Bell located at the intersection of 2°a Ave and 78`t' St south and objects to the Boarder Foods teardown/rebuild plans based on the findings below. We object to the proposed plans because they fall short of the upgrade in materials and site design that should guide the development of this property. If the city recommends approval of the property the site plan and elevations should be upgraded to a much higher level. The proposed building design falls short of what is expected along the highly visible 494 corridor. This Nicolet Ave exit ramp and its surrounding blocks is one of the main entrances to the city and should be designed to a higher standard. The Andale Taqueria & Mercado redeveloped their property and created a very attractive building with decorative features, large open windows, and extensive landscaping that all make the.property more attractive. Menards redeveloped the property on the east side of Nicolet Ave and did the same thing. The building was constructed out of brick, the windows and awnings were added to the north elevation, the landscaping was upgraded extensively. Menards also incorporated pedestrian lighting, a bus stop, and a screened loading dock as part of the new store. During our meetings with the city and elected officials the city emphasized their desire to also upgrade the Super America on the west side of the intersection to complete the neighborhood redevelopment. The proposed Taco Bell plans incorporate very little of what the city emphasizes as upgraded façade treatments. The façade is comprised of Camel Back (tan) EIFS panels. EIFS panels are a cheap and easy way to put up a wall and insulate it at the same time. They come with very little texture and are essentially a smaller version of a tilt-up concrete panel. A more appropriate building material would be brick. Brick matches several other buildings in the area including the new Menards store and is a more durable material. The proposed building incorporates no brick and has a thin layer of wainscot made to look like rock. These fake rocks look cheap and tacked on when they are used on buildings. An appropriate alternative would be natural stone or a more realistic treatment. The proposed Taco Bell plans do not fit within the context of the neighborhood and does not match the properties that have already upgraded their buildings. The remainder of the building does not seem to be upgraded in anyway. The windows and entrances of the Taco Bell are bland and incorporate no distinctive features to attract patrons to the entryways. Entryways should be treated with pronounced awnings, F1n1 AAFNARfI fRI II= I=AI I (`I AIIRI %An IZA7A4_CU') ounnic I-7-1r% 07D cnIa rAV i'.7.4 r-% n-vi. nnnn -� D columns,projections, or other features to distinguish them from the rest of the building. The windows have very little treatment and will be standard box windows. Windows should be treated with pronounces features to create visual interest and break up the facade. The east portion of the building has a metal mesh on a majority of the building. This type of treatment should be decorative only not a major building material. Site lighting appears to be very basic and does not consider pedestrians in any way. The lights on the side of the building are box lights with no decorative features at all. There should also be decorative lighting in the parking lot and along the sidewalk on the south side of the store. In the northwest corner of the building is what appears to be the delivery dock. This dock has no screening from the public and is left out in the middle of the parking lot. All loading and unloading areas should be properly screened from view as much as possible though the use of solid walls or extensive landscaping. A large truck making a delivery would block a large portion of the parking lot creating an access problem. The restaurants dumpster is located on the north side of the parking lot. The dumpster is not screened from public view and is directly in the way of the entrance to the drive thru line. If an employee is bringing trash to the dumpster or the garbage truck is making a pickup during the day the parking lot will be blocked and it would be extremely difficult for a large garbage truck to turnaround in that small lot. The transformer and mechanical units are located on the west side of the building. Even though this is '`behind"the restaurant it is still highly visible from 78th St and the 494 corridor. These mechanical units need to be property screened or moved to a new location to make them less visible. For drivers not using the drive through the site is a dead end on the west side of the proposed building. Anyone that has ever visited a restaurant or shop with this style of flow knows that is can be a nightmare to try to back out of the spot get turned around and out of the tight lot with cars entering from the other direction waiting to park. How will the applicant solve this issue to prevent a bottleneck in the parking not causing traffic to back up into the street? There should be a second entrance/exit on the west end of the parking lot. The proposed plans also show the existing entrance along 78th St moving closer to the intersection with 2nd St. Moving access points closer to intersections can create delays when there is no room to turn left therefore increasing conflicts between vehicles. As 78th St is under MNDOT control and a permit would be required to create a new access point. Has the applicant had any discussion with MNDOT representatives regarding access? The 39 proposed parking spaces do not seem adequate enough to handle a busy mealtime as well as employee parking. When a parking study was requested staff stated that one was not required. Without a parking study there is no way to know for sure if there is enough capacity in the lot to accommodate customers when the restaurant is busy. Snow storage is not specified on the plans and with little green space between the parking lot cl -a,I and the property line there is no room for snow. If the parking lot is further reduced by snow storage there could be a serious problem with lack of space to maneuver and park. The landscaping plans have very few large trees and several bushes proposed. This plan does not include screening for headlights and decorative fences along the property lines to increase the attractiveness of the parking lot. The site also located the landscaping in the least visible corner of the parking lot. More landscaping should be located between the drive thru and 78th St as that is the most visible part of the site. No sidewalk or connection is proposed along 2nd St, forcing pedestrians to walk in the road or walk to the Menards property to reach the site safely. MNDOT made Menards aware doing our meetings with them regarding 78th St access that 494 will be expanded and the frontage road will be eliminated. That would reduce the access to Taco Bell strictly to 2nd St resulting in one access point and no pedestrian connectivity. For these reasons Menards strongly objects to the proposed plans Boarder Foods has submitted for this location. If staff is going to support this project it needs to be upgraded to a higher level of design like the surrounding properties and the code requirements and more thought needs to be put into the design of the site itself. Menards would like to see Taco Bell treated the same as the remainder of the neighborhood so it can be developed as one and be an attractive destination for a long time to come. Sincerely, . Menar Ire dl� ' 'Cheron Berg � Real Estate Manager Menard, Inc. 5101 Menard Drive Eau Claire, WI 54703 715-876-2391 CC: John Stark Community Development Manager Debbie Goettel Mayor 6525 James Ave. So. Sue Sandahl At-Large 7601 Bryant Ave Pat Elliott Ward 1 6720 Oliver Ave Edwina Garcia Ward 2 6908 Fifth Ave Torn Fitzhenry Ward 3 6737 Park Ave Rick Jabs Planning Commission Chair 6805 Knox Ave . . MENARDU o May 1, 2013 City of Richfield Steve Devich—City Manager 6700 Portland Ave Richfield, MN 55423 Dear Mr Devich, After some further research on the proposed Taco Bell store located at the intersection of 71St St and 2nd Ave it is apparent that the City of Richfield is getting nothing more than a prototypical Taco Bell. The proposed store is part of the corporate makeover Taco Bell is undergoing to update the look of the store and keep the costs of building down. I have attached several recently published articles referencing the prototypical Taco Bell design. In today's market monitoring building cost is a key component of development however reducing costs should not be accepted in exchange of compromised aesthetic quality. The proposed Taco Bell utilizes the same color scheme on the same EIFS panels it has been using for the past 50 years. I have included photos that show various store designs over the years and not much has changed. The City of Richfield set the precedent long ago that prototypical buildings are not good enough and upgrades are required to the facades. Several examples include every building in the Target/Home Depot development located on the corner of Richfield Parkway and 66th St, the new Lifetime Fitness building,the new Menards store, the buildings at the intersection of 77th and Lyndale, and the intersection of Lyndale and 66th. All of these locations have been recently built and designed beyond prototypical standards. The Culvers across 494 from the subject location in Bloomington is a prime example of a fast food restaurant going beyond prototypical standards. Many of the businesses that have recently invested in the community would be alarmed to know that the city is now accepting prototypical designs after they made the effort to significantly upgrade their facades. What precedent will the approval of Taco Bell set for future businesses? If all of the developers of the properties mentioned above knew that they could put their investment off a few years and come back with prototypical plans they would likely not have invested at all. This approval will also have significant impact on future developments as they bring prototypical plans forward. Photos of potential options for upgraded materials have been attached for consideration. Several of the locations utilized a brick exterior and natural stone around the entryways. They also include pronounced entryways with awnings over the windows and changes in texture and materials. There are a multitude of alterations that can be made to the façade to make it match the community theme and still keep the project economically sound. 5101 MENARD DRIVE EAU CLAIRE, WI 54703-9625 PHONE (715) 876-5911 FAX (715) 876-2868 041 As the owner of the adjacent property Menards has a couple of concerns regarding the hours of operation the Taco Bell will be held to. Serving food after 11 pm does not attract the most wholesome crowds and this could impact the entire neighborhood. There is also an issue of noise and activity after normal business hours. What sort of benefit could the community get by allowing this property to be a gathering place during late night hours? Loitering at the Taco Be could lead to loitering on adjacent properties and no one to monitor these activities because it is after their business hours. Approving the proposed plans would be approving the most basic plans the company has setting a precedent for the future. The proposed design is a simple shell that can be used in almost any location without any special features. We urge you to reconsider accepting these basic plans and revising the recommendation to incorporate upgraded features to fit with the other new development in the city. Sincerely, Menara1 // i Theron :erg Real Estate Manager Menard, Inc. 51.01 Menard Drive Eau Claire, WI 54703 715-876-2391 CC: John Stark Community Development Manager Debbie Goettel Mayor 6525 James Ave. So. Sue Sandahl At-Large 7601 Bryant Ave Pat Elliott Ward 1 6720 Oliver Ave Edwina Garcia Ward 2 CH5 6908 Fifth Ave Tom Fitzhenry Ward 3 6737 Park Ave • k I How dol pay my Finding a job What is the vat., ` ' 01 ii `'t ``'i i " student debt? after college? otmydegree April 24,2013 ' ' FOOD Taco Bell Redesign To Cost Less To Build, Make Exterior Glow Purple The Huffington Post I By Joe Satran Posted:10/01/2012 8:44 am Like Jon Bon Jovi and Tom Cruise,Taco Bell turned 50 this year.And like Jon Bon Jovi and Tom Cruise,Taco Bell does not intend to start looking its own age anytime soon. Not with younger,hipper rival Chipotle nipping at its heels. So the Irvine,Cali.-based fast food chain is getting a facelift. Taco Bell is testing out its new look at newly-built locations in Commerce City, Colo., Sanger,Texas and Redwood City,Cali. this fall, with three more slated to open in 2013.The design for the six locations was codified in a master plan for the brand developed internally about a year ago,Taco Bell's director of concept development Don Roberts told The Huffington Post. An exterior photo of the Sanger, Texas prototype of the redesigned Taco Bell. i.(b y4-..' f.t R. Y .` ' The design's most striking feature is a layer of narrow black metal slats covering one of the building's four tan exterior walls. At night, LED " lights shine Taco Bell purple light out from between -° .-_';- the wall and the slats,which are spaced out slightly �- to let light through. "As night falls, and as late night begins,we really P.t"; wre=La celebrate that light-night feeling with a purple glow w that comes from behind the slat wall,"Roberts said. m ' L. tit 7 "You will be able to see it from a quarter-mile away. * t; f . This building is truly going to be best on block, it i ,e. A * E will truly be a beacon in the night." ■ The rest of the changes are more subtle, but they bring the look of the stores closer to the sleek, minimalist look native to newer chains like Smashburger and Chipotle and also on display in recent redesigns of quick-service restaurants such as As such, the chain hopes the new designs will reinforce the consumer goodwill inspired by the recent success of Doritos Locos Tacos and the new Cantina Bell menu. M The interior of the Sanger location. But marketing is not the sole concern Taco Bell - -- - hopes to address with the redesign. Roberts said -,-' that the new restaurants will cost less to build than t those that follow the current guidelines. He declined to specify how much the new design will .. save franchise owners, but he emphasized that his IP 11- en group was guided by its "maniacal focus on cost yam- " reduction" in the hopes of making outposts • v affordable for new franchisees and markets. * ' """"" Elements of the new design will also be applied to existing locations. Roberts said that every outpost 1 � lg'` will eventually get a new Taco Bell sign,with new typography and graphics, and that other features, P _ including the backlit slats, will be installed on a - 4 case-by-case basis. Roberts claimed that the company's master plan does not specify a time ' frame for these renovations. SO Yum Bmnda 0 -,9,"/ BUSINESS Retail NSJ DER Here's A Look At The New Prototype Store T. Kim Bhasin I Oct. 2, 2012, 2:58 PM I 7,508 I 10 Recommend 20 Shale 2 T,rveet 25 3 Email IA Taco Rell isn't just making changes on its menu — it's testing some maji well. It's trying out the new look at three brand new locations in Sanger, TX., Commerce City, CO. Taco Bell developed the design about a year ago as part of its brand rep development Don Roberts tells The Huttington Post. What's new at the prototype stores? It uses a simple shell for its exterior so that it can be easily adapted to ft. configurations (like a lounge area, counter seating and "Bell booths") an people with laptops, reports Lisa Jennings at Nation's Restaurant News. There's also a "more balanced," but still vibrant, new color scheme. Take a look at the prototype store in Sanger, courtesy of Taco Bell: st.'",K411g2A, ...A., '',`,,,,e , 4-,,ti_ tit ,, --tr.44,, ,,, .. „ • ' , ,. ,i,',".,..'''.-, 1,-,-*7 4, '..,'--V"' s ,•t- : ".1"4'-' ,..; ,'"., 4-4' . ....go., ow -,.....„,„ -"...,.. .--,....„..,....... ...**4 ---„,........... "1111101b.. '1.111410 ' "'''"'""" ___......-.'°'"n"'""""""'""%"...*,...„,k"::..............................................."."'"'""......,...,„„................._ ----- -----------..._ --__________ illtY _ . >) . a --......__—____---. -----_----7.::::------. ""------------. - -; --,------___ ------.-:-- ------- -----__ ------ ----------.__._____ -----__ AMINOMNIMMINNENNum,................................ 1 '1 s -+t' ''. ' I '' '' IF - lull ' • ...<1 ill . r < RI- ,, itiliP alii i NI , -0 . 4., ... ii c 12 - ''" III ..-.. NA, 4' .,... . , NO ,., ow!. , , .w.,, 4..... , . 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F. _ , .,. 0 30 .., :• •L'441'.:414 4 titgil . ....--."'"-'" ....,4•- N. .,--...,..'',......**7.., ,,,, 1110 , a -- ..----_--- —.....0._4_ ...;„„:1t ..--........„....- _______ ::.__.........._-___ ..........,............-- ._. _ . .......::::_--..............—...,, .........--s--- „....---___ _., _.....-- .----t,..----- 4. ...............%.,......* ......... ,. ..... ... .".""....... ...•••■".............. '-'..'". -.'---'-'- -' ..-'..'-. --”..:"■=:.'..•••••. .' . ---....-..-..........._,„ .' 1.':-.■ y..: - 7 -.- ,.„._ -41::,-, .„„.- ----:2_--._:_•—•72--------:___------_________ .. ---. • -sr- - . .,-.' - • ---- , - —_, ---------: • "fr' .f." 41111.Illa, ro r • e .. • 1 -. 4..., .94441-''''t:';', -e:..,.••_,,•., . ,,44,0•:,.. 4_.Ar,., .. .„. -,.. ... ,.....0,,,,,,ttLs .,,...„,;,."40,4,-.. . . ,• , . .. ._ ...---- NOW SEE: Here's The Upscale Taco Bell Menu That David Einhorn Recommended For You ,.. - :. .,. 11111Li, , 11114 illfil , . .t. ,t. isCit,f . Pr Here HOUSE a?CARDS II d 11111111 4. 3Ct •-1 i 4 if f Here Are 3 Hiring On National TV Last How Location-Based Why The Entire TV Trends That Night, The Austerity Services Are Industry Will Be Watching Netflix's a - 31 III rc7 H.. d41 �-4U • Yum Brands . I PA r • 4• '4 troistsi 4 . I jillarill 4 ---,--.0., a INCLL 4. • . , ... 0.40i . • . .., ....-f . . 4 a*X . - 1 1 ,..,, , !-, 7' ,-. - '' '''-$.. -' ''. _-,.. ,1 ... , ... Du ti. ..., .... - 7, • • ,-iott-. ,• .1,7•If . • .,;.' 4041r ^',.7. .• i, ■ *V e ' -. . ... -,-. 4-• lt-;,. •—f., ' 0 s.- , 4' •It — . ' ' • . . . . .. i . ,... . ............. . . . .. . . + e . , (-r'. 4 ! C ammueopasmaysimill sisowassimilIVOMIS d44,.%* ' ' 1 i'ACO ElELI. si t, I p.: I 031.-I \ 1 i 3 b:1 i '' � -� ww.t...7 iii-i ...al 79jant n 1 ---.....1121 4, r ,,it r • - v - y mat«.ixa e- ,r: r. .- -- ` I A ` -i 0 -- 3) flicks Y.'-/ The Tour Sign tJp Explore Upload Sign In Favorite Actions Share Newer Older a; r,, 'i,By Darrell L James Darrell James +Add Contact This photo was taken on August 29,2010 using a Canon PowerShot SD870 IS. .....+ 83 views 1 favorite :.- . - ....r,,1 This This photo belongs to . Darrell L James'photostream(11,326) r 17..,-1,3: _ rr , ._ 4v4 This photo also appears in 1/1---r a '4 Taco Hell formerly the site...(set) peA9 3i :. , f;;' " Tags Taco Bell Kansas City MO State Line Rd 103rd St Watt's Mill Additional info Taco Bell, all brick, 103rd at State Line, 1_wm Settings: 1/200 f/2 8 ISO 80 4.6 mm Looking almost due east. If we were to take forty steps backward,we'd be straddling Kansas and Missouri.But we'd also be in the License middle of State Line Rd,a very busy artery,and we'd be dead!. All Rights Reserved Comments and faves Privacy RetailByRyan95 added this photo to his favorites (32 months ago) This photo is visible to everyone • • Add your comment here... Want to formal your comment? POST COMMENT keyboard shortcuts: previous photo next photo L view In light box F favorite < scroll film strip left > scroll film strip right ? show all shortcuts About Flickr Community Help Apps and the API Follow us /150•.ve are Community Guidelines Need help?Start here! Flickr for mobile Like us rake the our Report abuse Help forum App Garden Flick,.bug FAQs API documentation Jobs About Our Ads Developer Hog Developer Guide Deutsch English Espanol Francais Italiano Portugues Ti ng Vi t Bahasa Indonesia terms of Use I Your mosey I Yahoo!Safely I CopyrightltP Policy Copyright m 2013 Yahoo!Inc.All rights reserved. Map images by Nokia,copyright info flickr The Tour Sign Up Explore Upload Sign In Favorite Actions Share Newer Older 'By Darrell L James Darrell James +Add Contact This photo was taken on January 18,2010 using a Canon PowerShot S0870 IS 153 views 3 favorites 1 u 4 This photo belongs to • Darrell L James'photostream(11,328) 4,. Alt `a This photo also appears in • 7 Taco Bell,College Blvd,aka_(set) Tags Y Taco Bell Kansas City MO Missouri Overland Park KS Kansas JUCO din ,Y. s College Blvd College Boulevard JCCC Additional info Taco Bell, College Blvd, 1 wm Settings: 1/100 f/4 ISO 200 9.1 mm This Taco Bell is not new,as it appears,but is a newly repackaged unit,which opened around 1990. It is in an affluent area of Overland Park,and always did have brick,and some extra touches,even when a red-tiled,mansard-roof unit.It is across from Johnson County Community College,or JCCC.Note that License the parapet wall is not multi-colored,around the top,also due to codes,no doubt. All Rights Reserved It is a very good update. Privacy Comments and faves This photo is visible to everyone ,tetailByRyan95 added this photo to his favorites.(40 months ago) Thomas the Bible Believer added this photo to his favorites.(36 months ago) ShopKo Fan added this photo to his favorites.(32 months ago) Add your comment here... ae� Want to format inirr I:omnleht? POST COMMENT keyboard shortcuts: is previous photo next photo L view in light box F favorite < scroll film strip left > scroll film step right ? show all shortcuts About Flickr Community Help Apps and the API Follow us Who we are Community Guidelines Need help?Start here) Flickr for mobile Like us rake the tour Report abuse Help forum App Garden Flick(Wag FACs API documentation Jobs About Our Ads Developer Clog Developer Guide /3$ flickr v,s+• c;! The Tour Sign Up Explore Upload Sign In See more photos of brick taco bell? illi There are 69 photos on Flickr that match your search.Check them out! P. { ttt• Favorite Actions Share Newer Older f~1: By Darrell L James ,. Darrell James +Add Contact This photo was taken on September 6,2010 using a Canon PowerShot SO870 IS. it 127 views 3 favorites 2 comments This photo belongs to Darr,: i .I lines PhcloSl a iu•,(11.326) 1jt1 A tit 1 a it.sit St • This photo also appears in _ - Taco Bell on NW 64th,...(set) Tags Taco Bell Kansas City MO Missouri Northland NW 64th St hot,- .Pas e ell.L James oraA:aszjay Cc , AlG3.foccr6 Additional info Taco Bell Brick&Stone,2_wm Settings: 1/200 1/8 ISO 80 4.6 mm A couple of daytime shots to add to the photoset for this store,which had only a couple of rough looking night shots. License It is in a posh shopping center,so has stone and brick,and a slate-look roof. All Rights Reserved Comments and faves Privacy RetailByRyan95 and Thomas the Bible Believer added this photo to their favorites. This photo is visible to everyone professionalwannabe (19 months ago) For a new TB,this looks better than how their new prototype locations have tended to look. Wish other new TB locations could look as decent as this location does.... professionalwannabe added this photo to his favorites.(19 months ago) tialDarrell L James (19 months ago) It is rather striking,you're right. • • Add your comment here... a Want to format your comment? POST COMMENT keyboard shortcuts: - previous photo next photo L view in light box F favorite < scroll film strip left > scroll film strip right ? show all shortcuts c _ 31 . ,,,,7::,:.tt - ,.:.,,s1,,,At„ryAlt.,,,,,,, ,,P,,,A 0,--P .'et,:q..-' . ' ` OA • , , •ii //I s , {...„ LIi-Aco E; BELL. L. Picky The Tour Sign Up Explore Upload Sign In See more photos of brick taco bell? k There are 69 photos on Flickr that match your search.Check them out! ry P Y 1!!tr' Favorite Actions Share Newer Older ���11 �'T�DB mA Contact This photo was taken on September 6,2010 using a Canon PowerShot SD870 IS. 67 views 3 favorites This photo belongs to Darrell L James'photostream(11,326) FA/ Apt Ito...0,1111111114„ � 't•, This photo also appears in - --- Taco Bell on NW 64th. (set) .art {r1q�1f !_ — • Tags Taco Bell Kansas City MO Missouri T * ' Northland NW 64th St • i /727 -, �1r-Traf'YAW l?'l+�el.T�/{ rOYm+..,...w .�._..,-F _ �, 7';'--;".'`47'...1'...• Additional info Taco Bell Brick&Stone, 1 wm Settings: 1/125 1/8 ISO 80 4.6 mm A couple of daytime shots to add to the photoset for this store,which had only a couple of rough looking night shots. License It is in a posh shopping center,so has stone and brick,and a slate-look roof. All Rights Reserved Comments and faves Privacy RetailByRyan95 added this photo to his favorites (32 months ago) This photo is visible to everyone Thomas the Bible Believer added this photo to his favorites.(32 months ago) professionatwannabe added this photo to his favorites (19 months ago) Add your comment here... rr.+ 'r;yell!rC h rmaf your_einrlept? POST COMMENT keyboard shortcuts: previous photo next photo L view In light box F favorite < scroll film strip left > scroll film strip right ? show all shortcuts About Flickr Community Help Apps and the API Follow us Who we are Community Guidelines Need help?Start here! Flickr for mobile Like us Take the tour Report abuse Help forun. App Garden Flickr bloc FAOs API documentation qwi Planning Commission CITY OF Minutes RICHFIELD April 22, 2013 MEMBERS PRESENT: Chairperson Rick Jabs and Commissioners Susan Rosenberg, Dennis Schuller, Tom Rublein, and Gordon Vizecky MEMBERS ABSENT: Commissioners Dan Kitzberger and Josh Root STAFF PRESENT: Melissa Poehlman, City Planner Matt Brillhart, Planning Technician OTHERS PRESENT: Daniel Rosen (Counsel for Border Foods) Barb Schneider (Border Foods VP of Real Estate) Dean Madson (project architect) Greg Nelson (property owner) Theron Berg (Menards representative) Chairperson Jabs called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES M/Vizecky, S/Rublein to approve the minutes of the February 25, 2013 regular meeting. Motion carried: 5-0 OPEN FORUM No members of the public spoke. PUBLIC HEARING(S) ITEM #1 13-CUP-03, 13-VAR-02 — Consideration of a request for a conditional use permit and variances for Taco Bell, 140 East 78t" Street. April 22, 2013 O Lid City Planner Poehlman (Poehlman) presented the staff report, recommending approval of the conditional use permit and variances. Poehlman stated that notices were sent to surrounding property owners and a letter from Menards had been distributed. In response to a question from Chairperson Jabs, Poehlman stated that widening of 494 and removal of 78th Street at this location are not in MNDOT's 20-year plans. Staff and the applicant have discussed the proposal with MNDOT. Chairperson Jabs opened the public hearing. In response to a question from Chairperson Jabs, Daniel Rosen stated that they had reviewed the letter from Menards and felt that it raised many points about the aesthetics of the project, but nothing to do with whether the application ought to be approved. In response to a question from Commissioner Rublein, Poehlman stated that the ownership of the property had not changed. Theron Berg, representing Menards, gave a summary of recent redevelopments in the Nicollet & 494 area, and asked that the proposal reflect the high quality of those redevelopments. He raised questions regarding pedestrian connections, trash enclosures, traffic circulation, and the aesthetics of the proposed building. In response to a question from Commissioner Rublein, Berg stated that he would like to see the building use higher quality materials and a different color scheme. Chairperson Jabs pointed out that the sidewalk would be continued along 78th Street. In response to Commissioner Rublein, Barb Schneider stated that they expect the majority of their business to be drive-thru, and they did not expect heavy pedestrian traffic. Schneider clarified that the dumpster would be enclosed within the footprint of the building. She stated that this was a new design for Taco Bell and would be the first for their franchise. Chairperson Jabs stated that he felt a sidewalk along 2nd Avenue would have some value. In response to a question from Chairperson Jabs, Dean Madson, the project architect, described the EIFS material to be used on the building and stated that it is a very durable, watertight material. In response to a question from Commissioner Schuller, Madson stated that the building would approximate a 2-story building in height. Poehlman addressed the sidewalk issue, stating that staff had declined to require Menards to install a sidewalk along 2nd Avenue, therefore requiring Taco Bell to do so would be inconsistent and create a sidewalk to nowhere. The intent is that there will be a sidewalk installed along the east side of 2nd Avenue, with any potential redevelopment on that side of the street. Poehlman addressed the height issue and stated that staff had not required developers to create false second stories or parapet walls. 2 April 22, 2013 9-(0 In response to a question from Commissioner Rublein, Schneider stated that they expected very little pedestrian cross-traffic between Menards and Taco Bell. Commissioner Rublein commented on MNDOT's lack of maintenance of the area and would like to see the area made more attractive. Berg made additional comments on the attractiveness of the building and urged staff to ask for more. Schneider stated that this was a prototype and would be a very attractive building. M/Rublein S/Vizecky, to close the public hearing. Motion carried: 5-0 Commissioner Vizecky commented that the Menards proposal was a very different issue, due to multiple parcels and other extenuating circumstances and he hoped that their concerns were not inspired by having gone through a more difficult approval process. In response to a question from Commissioner Rublein, Poehlman stated that this would not be an expansion of a non-conforming use and the footprint of the proposed building is actually smaller than the existing Burger King. Commissioner Rosen stated her support for the proposal. Commissioner Schuller stated that he was nervous about the loss of 4 to 6 parking spaces. Commissioner Vizecky noted that aesthetics were not a condition of approval for the variance or conditional use permit and complimented staff for their work on the project. MNizecky S/Rosen, to recommend approval of the conditional use permit and variances. Motion carried:4-1 (Schuller dissenting) NEW BUSINESS ITEM #2 PC Letter No. 7— Reschedule the regular May 2013 Planning Commission meeting from May 27, 2013 (holiday) to Wednesday, May 29, 2013. MNizecky, S/Rublein to reschedule the meeting date. Motion carried: 5-0 3 140 70TH ST E - 4/2013 CUP q- gq Surrounding Zoning R R R R R LL! R R I a R R R R R Q R R R 0 Z — CV 77TH STREET MU-C 2UC ARDS in Q MU-C MU p MU-C - Z N 78TH STREET e Now- ___ _______ MIEMIll ■ 1■1•1. Feet 0 50 100 200 300 400 500 MU-C - Mixed-Use Community N R-Single Family Residential Path: I:\GIS\Community Development\Staff\Planning Tech\Projects\140 E 78th St Z.mxd I4O78THSTE - CUp4/2013 61 -'45 Surrounding Comprehensive Plan LDR LDR LDR LDR LDR LDR LDR j LER LDR LDR LDR LDR LDR Q LDR LDR LDR a z 77TH STREET RCO RCO PUB MENARDS re) Lu RCO 0 v PUB — Z 78TH STREET _— i Feet 0 50 100 200 300 400 500 RCO-Regional Commercial/Office n' PUB-Public/Quasi-public 'V LDR- Low Density Residential Path: I:\GIS\Community Development\Staff\Planning Tech\Projects\140 E 78th St CP.mxd AGENDA SECTION: OTHER BUS. AGENDA ITEM# 10 REPORT# 91 ilmAill STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 14, 2013 REPORT PREPARED BY: PA DMYTRENKO,ASSISTANT CITY AGE' I' MANAGER / - E,TITLE REVIEWED BY CITY --. MANAGER: / ,* ITEM FOR COUNCIL CONSIDERATION: Consider approval of an amendment to the Consent Decree in State of Minnesota by City of Minneapolis, et al. v. Metropolitan Airports Commission, et al., Hennepin County Case No. 27- CV-05-5474. I. RECOMMENDED ACTION: By Motion: Approve the proposed Amendment to Consent Decree. II. BACKGROUND In 2005, the Cities of Minneapolis, Richfield and Eagan, and the Minneapolis Public Housing Authority (MPHA), sued the Metropolitan Airports Commission ("MAC") for violations of the Minnesota Environmental Rights Act, related to alleged inadequacies in the MAC's noise mitigation program. The parties settled the litigation in 2007 by entering into a Consent Decree that required the MAC to provide noise mitigation according to the Consent Decree. The MAC intends to undertake improvements as identified in the Minneapolis-St. Paul International Airport (MSP) 2020 Improvements Project (the "2020 Project"). As required by federal and state law, the MAC has prepared an Environmental Assessment (EA) and Environmental Assessment Worksheet (EAW) for the 2020 Project. The EA is prepared under the federal environmental review laws, and the FAA is the responsible agency. The EAW is prepared under state environmental review laws, and the MAC is the responsible agency. If no further environmental review is required, the FAA would issue a "finding of no significant impact— record of decision" or "FONSI-ROD." Under state law, the equivalent document is called a "negative declaration." It is anticipated that the 2020 Project could result in changes in noise contours for MSP operations, and the environmental impacts of those changes are proposed to be addressed through noise mitigation programs. The parties to the Consent Decree (MAC, Richfield, Eagan, Minneapolis and MPHA) would like the Consent Decree to govern future noise mitigation. However, the FAA has adopted a program guidance letter (PGL) that imposes limits on the use of airport revenues for noise mitigation. Under the PGL, a dwelling is not eligible for noise mitigation unless it is within a contour that has an exterior measurement above 60-DNL AND the interior noise level is above 45 DNL. The existing Consent Decree does not include the interior-level requirement. If the FAA conditions its approval of the FONSI-ROD upon noise mitigation being provided in compliance with the PGL, it is expected that fewer homes would qualify for noise mitigation than currently qualify under the Consent Decree. The MAC, Richfield, Eagan, Minneapolis and MPHA have negotiated an amendment to the Consent Decree that addresses future noise mitigation that will result from the implementation of the 2020 Project. The proposed amendment would continue noise mitigation based on the standards under the Consent Decree and would not require interior-level measurements. The amendment requires FAA approval, but MAC officials have taken the position with FAA that further restriction of the noise mitigation program would interfere with the parties' negotiated settlement and undermine the cooperative relationship that the local communities have worked to achieve. The proposed amendment reflects the combined efforts of the parties to preserve the noise mitigation standards of the original Consent Decree in a manner that the FAA will accept as a condition of its approval of the FONSI-ROD. The attached amendment is being submitted to the governing bodies of all five parties for approval at one of their regularly scheduled meetings in May. III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield wants to secure the benefits obtained for its residents under the Consent Decree. • The City of Richfield wants to avoid further litigation over the adequacy of the noise mitigation program offered by the MAC. B. CRITICAL TIMING ISSUES • The MAC issued the negative declaration on April 15, and the FAA approved the FONSI-ROD in March, which triggered time periods for appealing those decisions under the Minnesota Environmental Policy Act and the National Environmental Policy Act. The proposed amendment settles those potential claims and claims under the Minnesota Environmental Rights Act. • Construction of interchange improvements at 34th Avenue and 1-494 cannot proceed until the environmental review processes are completed, and that interchange construction must be coordinated with improvements to Lindau Lane in Bloomington. Although the greatest impacts would be felt by Bloomington, lack of coordinated construction could have impacts on 1-494 traffic. C. FINANCIAL • Approval of the amendment will not result in any additional costs to the City. • Settlement of potential claims related to environmental impacts of the 2020 Project would avoid litigation costs. D. LEGAL • The City Attorney participated in the negotiation of the amendment to Consent Decree. • The amendment is contingent on FAA approval and approval by the Hennepin County District Court. E. ENVIRONMENTAL CONSIDERATIONS • Continuation of the noise mitigation program in accordance with the Consent Decree will provide environmental benefits to residents of dwellings that are affected by future changes in MSP noise contours. IV. ALTERNATIVE RECOMMENDATION(S) • None. V. ATTACHMENTS • Proposed Amendment to Consent Decree VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT STATE OF MINNESOTA BY THE CITY OF MINNEAPOLIS,et al., Plaintiffs, Case No. 27-CV-OS-S474 v. METROPOLITAN AIRPORTS COMMISSION, Defendant, and NORTHWEST AIRLINES, Defendant-Intervenor. FIRST AMENDMENT TO CONSENT DECREE WHEREAS, the City of Minneapolis, City of Richfield, City of Eagan, Minneapolis Public Housing Authority (collectively, the "Cities"), and the Metropolitan Airports Commission (the "MAC") are parties to a Consent Decree entered by this Court on October 19, 2007 (the "Consent Decree"); WHEREAS, the MAC will complete all noise mitigation requirements established in the October 19, 2007 Consent Decree no later than September 1, 2014; WHEREAS, the MAC intends to implement the proposed Minneapolis St.-Paul International Airport (MSP) 2020 Improvements Project to accommodate the expected demand such that the level of service is acceptable throughout MSP's facilities under both existing and 2020 conditions, and that regional roadways provide an acceptable level of service under both existing and 2030 conditions; WHEREAS, the Cities allege that the Metropolitan Council has formally adopted 60 DNL as a local noise mitigation standard for MSP, whether or not the interior noise level in a residence is below 45 DNL; WHEREAS, the Cities allege that the final MSP 2020 Improvements Project Environmental Assessment/Environmental Assessment Worksheet is inadequate under the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321-4370h, and the Minnesota Environmental Policy Act(MEPA), Minn. Stat. §§ 116D.01-116D.10; WHEREAS, the Cities allege that failure to provide noise mitigation for existing homes that are newly within the 60 DNL for exterior noise surrounding MSP, whether or not the interior noise level in a residence is at or below 45 DNL, violates the Minnesota Environmental Rights Act(MERA), Minn. Stat. §§ 116B.01-116B.13; WHEREAS, the MAC contends that the MSP 2020 Improvements Environmental Assessment/Environmental Assessment Worksheet is adequate under NEPA and MEPA; WHEREAS, the MAC contests the Cities' allegations under NEPA, MEPA, and MERA and does not admit any liability to the Cities arising out of the allegations; WHEREAS, the Cities allege that they have adopted ordinances requiring new residential construction to include specified noise attenuation within the 2007 60 DNL Contour for exterior noise surrounding MSP, whether or not the interior noise level in a residence is at or below 45 DNL; WHEREAS, the MAC and the Cities desire to resolve the issues arising out of the MSP 2020 Improvements Environmental Assessment/Environmental Assessment Worksheet and the Cities' allegations under NEPA, MEPA, and MERA, and avoid litigation with respect to those issues and allegations; and -2 ID -3 WHEREAS, Section 8.1(j) and Section 8.7 of the Consent Decree allow the Cities and the MAC to modify the Consent Decree by mutual agreement and in writing; and WHEREAS, this Amendment will be submitted to the Federal Aviation Administration Office of Legal Counsel for a legal determination regarding its consistency with federal requirements regarding the use of airport revenue; NOW THEREFORE, upon (a) receipt of a written legal determination by the Federal Aviation Administration Office of Legal Counsel that use of airport revenue to fund the programs contemplated by this Amendment is permitted and (b) approval of this Amendment by the Court, the Consent Decree shall be amended as follows: 1. The Consent Decree is hereby modified to insert the following language after Section 8.14: IX. NOISE MITIGATION PROGRAM TO BE IMPLEMENTED FOLLOWING FAA APPROVAL OF THE MSP 2020 IMPROVEMENTS ENVIRONMENTAL ASSESSMENT/ENVIRONMENTAL ASSESSMENT WORKSHEET 9.1 Goal of the Program. The MAC's goal in adopting the noise mitigation program in Section IX of this Consent Decree is to minimize the environmental impacts on residents in communities adjacent to MSP, consistent with the unique noise characteristics associated with air carrier aircraft operations. 9.2 Duration of the Program. The noise mitigation program in Section IX of this Consent Decree will commence immediately and terminate on December 31, 2024. 9.3 Noise Contours and Program Eligibility Assessment. The MAC will determine eligibility for the program based upon actual noise contours that MAC develops under Section 8.1(d) of this Consent Decree. The MAC will assess eligibility for noise mitigation under the program annually based upon the Section 8.1(d) actual noise contours prepared for the previous calendar year. -3 16-1( 9.4 Eligibility Criteria. The owners of Single-Family homes and Multi-Family homes, as those terms are defined in Section 4.27 and Section 4.16 of this Consent Decree, shall be eligible for the noise mitigation program in Section IX of this Consent Decree. There is no requirement that the interior noise level in any Single-Family or Multi-Family home receiving mitigation under Section IX of this Consent Decree be above 45 DNL. The owner of a Single-Family or Multi- Family home will be considered eligible for mitigation under the noise mitigation program in Section IX of this Consent Decree if the following criteria are met: (a)the community in which the home is located has adopted local land use controls and building performance standards applicable to the home for which mitigation is sought that prohibit new residential construction, unless the construction materials and practices are consistent with the local land use controls and heightened building performance standards for homes within the 60 DNL Contour within the community in which the home is located, and (b) the home is located, for a period of three consecutive years, with the first of the three years beginning no later than calendar year 2020 (i) in the actual 60-64 DNL noise contour prepared by the MAC under Section 8.1(d) of this Consent Decree and (ii) within a higher noise impact mitigation area when compared to the Single-Family home's status under the noise mitigation programs for Single-Family homes provided in Sections 5.1 through 5.3 of this Consent Decree or when compared to the Multi-Family home's status under the noise mitigation programs for Multi-Family homes provided in Section 5.4 of this Consent Decree. The noise contour boundary will be based on the block intersect methodology. The MAC will offer noise mitigation under Section IX of this Consent Decree to owners of eligible Single- Family homes and Multi-Family homes in the year following the MAC's determination that a Single-Family or Multi-Family home is eligible for noise mitigation under this Section. 9.5 Single-Family Home Mitigation Package. -4 \6 -6 (a) If a Single-Family home is in the 63 or higher DNL annual noise contour prepared by the MAC under Section 8.1(d) of this Consent Decree for three consecutive years and meets the Eligibility Criteria in Section 9.4, the Single-Family home will be eligible for the Five-Decibel Reduction Package, as that term is defined in Section 4.11 of this Consent Decree. The Five- Decibel Reduction Package shall be designed to achieve a program average Noise Level Reduction, as that term is defined in Section 4.19 of this Consent Decree, of five decibels and shall be achieved by an application of some or all of the mitigation measures set forth in Section 4.11 of this Consent Decree, depending solely upon the characteristics of each home. (b) If a Single-Family home is in the 60-62 DNL annual noise contour prepared by the MAC under Section 8.1(d) of this Consent Decree for three consecutive years and meets the Eligibility Criteria of Section 9.4, the Single-Family home will be eligible for one of two mitigation options, to be selected by the owner of the home. The two mitigation options are: (1) if no central air conditioning exists in the home as of April 1, 2013, the MAC will install central air conditioning and provide a total not to exceed $4,000 (in 2007 dollars) of noise mitigation products and services from the Mitigation Menu, as that term is defined in Section 4.14 of this Consent Decree, including reasonable and customary installation costs; or (2) if central air conditioning exists in the home as of April 1, 2013, or if central air conditioning does not exist in the home as of April 1, 2013, but the homeowner chooses not to receive central air conditioning, the MAC will provide a total not to exceed $14,000 (in 2007 dollars) of noise products and services from the Mitigation Menu, including reasonable and customary installation costs. In providing any reimbursements or mitigation improvements for a particular home under this Section 9.5(b), the MAC shall reduce the reimbursement or mitigation improvements by the amount of reimbursement (if any) actually paid for that particular home under Section 5.3(e) of this Consent Decree. -5 9.6 Multi-Family Home Mitigation Package. Multi-Family homes in the 60-64 DNL annual noise contours prepared by the MAC under Section 8.1(d) of this Consent Decree that meet the Eligibility Criteria of Section 9.4 will be eligible for the Multi-Family Home Mitigation Package as defined in Section 4.17 of this Consent Decree. 9.7 Opt-Out Eligibility. Single-Family and Multi-Family homes that previously opted out of mitigation under this Consent Decree are not eligible to participate in the mitigation program provided under this Section. 9.8 Releases from Homeowners. The MAC may require owners of Single-Family and Multi- Family homes receiving noise mitigation under Section IX of this Consent Decree to sign a release in the form substantially similar to the release used previously by the MAC in its Part 150 noise mitigation program. 9.9 Release and Waiver. The Cities and any other communities participating in the mitigation program under Section IX of this Consent Decree hereby waive any and all past, present, and future claims regarding the M S P 2020 Improvements Environmental Assessment/Environmental Assessment Worksheet or in any way making a challenge to the adequacy or nature of the environmental review for the MSP 2020 Improvements projects, including but not limited to claims based in whole or in part on the National Environmental Policy Act, and the Minnesota Environmental Policy Act. The Cities and any other communities participating in the noise mitigation program under Section IX of this Consent Decree hereby waive any claims relating to aircraft noise from MSP under the Minnesota Environmental Rights Act (MERA) or any other legal theory, subject to the exceptions stated in Section 8.1 of this Consent Decree. By adopting the noise mitigation program under Section IX of this Consent Decree, the MAC is not conceding that -6 it has created an environmental quality standard, limitation, rule, order, license, stipulation agreement or permit. Entered this day of , 2013 District Court Judge -7 FOR THE CITY OF MINNEAPOLIS By: Susan L. Segal Its: City Attorney Dated: , 2013 -8 I ( -GI FOR THE CITY OF RICHFIELD By: Debbie Goettel, Its: Mayor Dated: , 2013 By: Steven L. Devich Its: City Manager Dated: , 2013 -9 FOR THE CITY OF EAGAN By: Mike Maguire Its: Mayor Dated: , 2013 By: Christina M. Scipioni Its: Clerk Dated: , 2013 -10 J - H FOR THE MINNEAPOLIS PUBLIC HOUSING AUTHORITY IN AND FOR THE CITY OF MINNEAPOLIS By: Its: Dated: , 2013 -11 FOR THE METROPOLITAN AIRPORTS COMMISSION By: Jeffrey W. Hamiel Its: Executive Director/CEO Dated: , 2013 -12 AGENDA SECTION: OTHER BUS. AGENDA ITEM# 11 REPORT# 92 STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 14, 2013 REPORT PREPARED BY: C I ' l 'UMHOLZ,EXEC. COORDINATOR Nair&TITLE REVIEWED BY CITY ' MANAGER: ., A. / ITEM FOR COUNCIL CONSIDERATION: Consideration of appointment to a City advisory commission. I. RECOMMENDED ACTION: By motion: Appoint person to fill the vacant term on the City advisory commission. II. EXECUTIVE SUMMARY In January 2013, the City Council made several appointments to the various City advisory commissions. However, there were some remaining vacancies following those appointments. The City Council continues to accept commission applications and interviews all applicants. One application was recently received and a Special City Council Meeting to conduct an interview was held on May 14, 2013. Consideration of approval of the appointment is scheduled for the May 14, 2013 Regular City Council Meeting. III. BASIS OF RECOMMENDATION A. BACKGROUND • In January 2013, the City Council made several appointments to the various City advisory commissions. • There were some remaining vacancies following those appointments. • The City Council continues to accept applications and interviews all applicants. 0514commission • One application was recently received and a Special City Council Meeting to conduct an interview was held on May 14, 2013. B. POLICY • The City advisory commissions were established by City ordinance or resolution. Interviews of the applicants are conducted at a Special City Council meeting. The required meeting notice is posted in accordance with the open meeting law requirements. C. CRITICAL TIMING ISSUES • One applicant was interviewed at a Special City Council meeting on May 14, 2013. • D. LEGAL • The Special City Council Meeting was posted in accordance with the open meeting law requirements. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • Defer appointments to a later Council meeting. V. ATTACHMENTS • Commission vacancy list VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 7:53 AM 05/06/13 COMMISSION VACANCIES Term Expires ADVISORY BOARD OF HEALTH January 31, 2015 January 31, 2015 ARTS COMMISSION January 31, 2014 January 31, 2014 January 31, 2015 January 31, 2015 January 31, 2016 January 31, 2016 January 31, 2016 FRIENDSHIP CITY COMMISSION —� January 31, 2014 January 31, 2014 January 31, 2015 January 31, 2015 January 31, 2015 January 31, 2016 Vacancies2011