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091013completeagenda CITY OF RICHFIELD, MINNESOTA TUESDAY, SEPTEMBER 10, 2013 SPECIAL CITY COUNCIL WORKSESSION BARTHOLOMEW ROOM 5:30 P.M. AGENDA Call to order Roll call 1. Discussion regarding the Pavement Management Program (Council Memo No. 82) Adjournment ******************************************************************************************************* SPECIAL CONCURRENT CITY COUNCIL AND HOUSING AND REDEVELOPMENT AUTHORITY WORKSESSION BARTHOLOMEW ROOM 6:00 P.M. AGENDA Call to order Roll call 1. Discussion regarding the development potential of the 77th Street tunnel area (Council Memo No. 81/HRA Memo No. 45) 2. Discussion regarding soliciting proposals for the Cedar Point II area (Council Memo No. 83/HRA Memo No. 46) 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 August 13, 2013; (2) Regular City Council Meeting of August 13, 2013; (3) Special Concurrent City Council and HRA Worksession of August 19, 2013; and (4) Special City Council Meeting of August 28, 2013 PRESENTATIONS 1. Presentation by Jim Rudolph regarding the Richfield Back to School 5K and Fun Run 2. Presentation of the 2013 Landscape Good Neighbor Award Winners (Council Memo No. 80) COUNCIL DISCUSSION 3. Council discussion • City Council attendance at the National League of Cities Congress of Cities in Seattle, WA, November 13-16, 2013 • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 4. Council approval of the agenda CONSENT CALENDAR 5. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action on these items is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of the approval of continuing the public hearing to September 24, 2013 regarding a resolution authorizing the City of Richfield to seek a $200,000 Minnesota Investment Fund loan from the MN Department of Employment and Economic Development to assist Solera Corporation in locating in Richfield S.R .No. 165 B. Consideration of the approval of the appointment of the firm of Kern, DeWinter, Viere (KDV) as the City's auditor for the financial reporting fiscal years 2013-2015 and authorize the City Manager and Mayor to execute an agreement for such services S.R. No. 166 C. Consideration of the approval of the agreement to extend an easement as part of a site lease agreement at 7401 Logan Avenue between the City of Richfield and Sprint Spectrum L.P. S.R. No. 167 D. Consideration of the approval of a resolution declaring costs to be assessed and ordering the preparation of the proposed assessment roll for weed elimination from private property and removal or elimination of public health or safety hazards from private property and setting the public hearing for October 8, 2013 S.R. No. 168 E. Consideration of the approval of a resolution declaring costs to be assessed and ordering preparation of the proposed.assessment roll for unpaid false alarm user fees against private property and setting the public hearing for October 8, 2013 S.R. No. 169 F. Consideration of the approval of the first reading of an ordinance relating to the interest rate for internal loans from the City's Permanent Improvement Revolving Fund; amending Subsection 315.07 of the Richfield City Code S.R. No. 170 G. Consideration of the approval of hiring Kimley-Horn and Associates, Inc. to provide preliminary engineering services for the Portland Avenue, between 67th and 77th Streets, reconstruction project at a cost not to exceed $315,000 S.R. No. 171 H. Consideration of the approval of the bid minutes and tabulation and award of contract for the water treatment plant soda ash feed system to Shank Constructors, Inc. in the amount of$402,050 and authorize the City Manager to approve contract changes under$50,000 without further City Council action S.R. No. 172 I. Consideration of the approval of the first reading of an ordinance relating to hoarding as a nuisance affecting public health S.R. No. 173 J. Consideration of the approval of the first reading of an ordinance relating to lawn maintenance and prairie vegetation and declaring noxious weeds and inadequately maintained vegetation to be a public nuisance S.R. No. 174 K. Consideration of the approval of the first reading of an ordinance relating to tobacco and regulation of nicotine or lobelia delivery devices and establishing additional penalties for noncompliance S.R. No. 175 L. Consideration of the approval of a request for a temporary expansion of the licensed premises for Lariat Lanes, 6320 Penn Avenue, to allow for the outside service of strong beer on September 15, 2013 in connection with Richfield's Open Streets at Penn Fest event S.R. No. 176 M. Consideration of the approval of a temporary parking lease agreement for Richfield Bloomington Honda to use City-owned property at 7700 Pillsbury Avenue for employee parking S.R. No. 177 N. Consideration of the approval of an agreement with Wold Architects to perform professional services in the design of a locker room addition to the Ice Arena not to exceed $32,865 unless the City gives approval to expand the project S.R. No. 178 Notes: 6. Consideration of item(s), if any, removed from Consent Calendar Notes: PUBLIC HEARINGS 7. Public hearing regarding a resolution adopting the assessment for removal of diseased trees from private property for work ordered from January 1, 2012 through December 31, 2012 Staff Report No. 179 Notes: 8. Public hearing regarding a resolution proposing to assess commercial properties in the 77th Street assessment district for costs incurred to maintain the area for 2012 and a resolution proposing a similar assessment process to be implemented for 2014 Staff Report No. 180 Notes: 9. Public hearing regarding a resolution proposing to assess commercial properties in the Lyndale/HUB/Nicollet (LHN) district for costs incurred to maintain the area for 2012 and a resolution proposing a similar assessment process to be implemented in 2014 Staff Report No. 181 Notes: PROPOSED ORDINANCE 10.Consideration of the second reading of an ordinance related to street light banners; approve a resolution authorizing the summary publication of the ordinance; and approve Penn Central's street light banner permit. Staff Report No. 182 Notes: RESOLUTION 11.Consideration of a resolution granting a site plan approval for an adult day care serving up to 29 persons at 6722 Penn Avenue Staff Report No. 183 Notes: OTHER BUSINESS 12.Consideration of the acceptance of the bid minutes/tabulation and award of contract to AAA Striping Services in the amount of$226,280.88 for the East Route (Bloomington Avenue) portion of the Federal Bikeways Project Staff Report No. 184 Notes: RESOLUTIONS 13.Consideration of the 2013 Revised/2014 Proposed Budget resolutions adopting the 2014 preliminary property tax levy, setting the truth in taxation hearing date, authorizing budget revisions, and authorizing revision of the 2013 budget of various departments Staff Report No. 185 Notes: CITY MANAGER'S REPORT 14.City Manager's Report Notes: 15.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: 16.Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. CITY OF RICHFIELD, MINNESOTA Office of City Manager September 5, 2013 Council Memorandum No. 82 The Honorable Mayor and Members of the City Council Subject: Pavement Management Program (Worksession Agenda Item No. 1) Council Members: The Public Works Staff will present options for the Pavement Management Program. This worksession is a follow up to discussions at the 2013 City Council Goal Setting Meeting (Goal 29) and the May 14, 2013 Capital Investment Strategy worksession. The goal of this session is to receive guidance from the Council on how staff should proceed with their Pavement Management Program. Res submitted, 41/ -rr �evi•� City Manager SLD:cak Email: Department Directors Assistant City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager September 5, 2013 Council Memorandum No. 81 HRA Memorandum No. 45 Housing & Redevelopment The Honorable Mayor Authority Commissioners And City of Richfield Members of the City Council Subject: Development Potential of the 77th Street Tunnel Area (Worksession Agenda Item No. 1) Council Members and Commissioners: An eastward extension of 77th Street from Richfield to the Minneapolis-St. Paul International Airport (MSP), either as an overpass or a tunnel, has been contemplated as a regional transportation improvement for over fifteen years. In addition to impacts on the transportation system, this improvement would have the potential of attracting reinvestment and redevelopment to the southeast corner of Richfield. Staff has developed a map (attached) showing the parcels which would be most likely and/or practical to redevelop as part of the 77th Street Tunnel project and is seeking input on whether the development areas identified are consistent with City Council and HRA members' vision for the area. The parcels identified on the map include: Area A: Approximately 1.49 acres and including the Motel 6 Minneapolis Airport - Mall of America, 23-unit apartment building called Cedar Properties and three seven-unit apartment buildings 7601, 7615, and 7625 18th Avenue. All of these parcels would need to be taken as a result of the transportation project as it is currently conceptualized. Area B: Approximately 3.06 acres and includes Metro Sales Inc., which makes up approximately 2.15 acres of the site, and a smaller parcel owned by the City of Richfield, formerly the location of the Normark Building. All of these parcels would need to be taken as a result of a significant grade and access change in the proposed plan. Area C: Approximately 3.76 acres and includes the vacant site formerly known as Backyard Bar and Grill, 2nd Wind Outlet, ACE Rent-A-Car and the site formerly known as Airport Bowl. This entire area is under combined ownership by John Bogen. Mr. Bogen has expressed a willingness to redevelop the area or to sell it to someone else to redevelop. Area D: Approximately 1.85 acres includes the Winton House Apartments (42 units). They are owned and managed by Highland Management Group, Inc. Area E: Approximately 1.48 acres includes the Community Court Apartment Complex containing 40 apartment units. Other currently developed areas are viewed by staff as being too expensive and/or impractical to redevelop. Among these properties are the Jim Ramstad Community Service Center (which includes Adler Graduate School), Ecosmart and several large apartment communities. Without Eminent Domain for redevelopment purposes, these sites would be impossible to purchase without the owners' consent. Even if the owner were a willing seller, the acquisition and relocation expenses associated with these properties are probably cost prohibitive. Recreation Services staff has researched the history of Washington Park and has concluded that there aren't any state or federal covenants on Washington Park that would restrict its future use. It would be legally permissible, therefore, to include the park in any redevelopment plans. Ultimately, the City Council would have to decide whether making any changes to the park would be appropriate Community Development staff is also attempting to estimate the economic impact of redeveloping the identified parcels. This topic will be discussed at a joint City Council/HRA Work Session scheduled for Tuesday, September 10 at 6 p.m. Re ully submitted, 1 4kDevic City Manager SLD:cak Attachment Email: Department Directors Assistant City Manager SE Corner of Richfield 1°if's 1 1 ii‘ '.1 1 gi tk-- '\,..•tf"... '-'2'' - ••• ' l''l . -:411- r_ . k-, �'_' i �'y{' �_ tivr ._ . INC:.,_ `� l , .s:. sor-opro.. ,. ,, . -. .1 �, tea , � : ,i _ Jk\' .,:.! - \ , m:� Area D �, b (' v prox.1.85 acres �; � Ap t r $• i a�1` 1., t F. _. 4.� . '. -al '� tlitt i Legend :. p 1 4 ` Highway 77 Underpass-Preliminary Desig ' __( r F " , r E .. �....,. -- -` A A " ' 3. Developable Parcels ,'+ '3 Approx.1.49 acres b.�°. y `ti.‘,. .,,,,,, , , itto,„.__,10000., .4 ill' "r Potential Developable Parcels _ m �.L ) 1I h II �r:a ; � 2 1 ° , t �,5 ��,_■_� $ _ ?; •��Y err t : .5 ,----'" , . '� 1, ,. - . it . ._... , . A 411111P' • ■ / � / Vt. ,, •. I ii. 4 Area E �% �` `. •- / P ryR Area C Approx.1.48 acres - - `� F o� Approx.3.76 acres ' n�i _-'�7 . th I � ij 443-� Y* � P J 4. 9 3 1 � Pip /� � Y . w• _ ` s -a, !+ k F _ /. , -"% - - \, t mow! j i ¢ .+� y -r, •r. e e F FINN t . ' . � } I A.' - t w'P •r a ) I ' E I... � .+c I fj a '� \, _ — r If �=e ... . ,,,_ ,, 4, _ . -4 er y 1 r. r A ��wer.i r > Area B s N� ' .. • .:¢ 44/', if,I NV 17 1 : � Approx.3.06 acres , a . ".• il * ,‘ 4 • . I r .. a i� - - �'+ � :.. � CITY OF RICHFIELD, MINNESOTA Office of City Manager September 5, 2013 Council Memorandum No. 83 HRA Memorandum No. 46 Housing & Redevelopment The Honorable Mayor Authority Commissioners And City of Richfield Members of the City Council Subject: Soliciting Proposals for the Cedar Point II Area (Worksession Agenda Item No. 2) Council Members and Commissioners: As you are aware, Sherman Associates withdrew their development proposal for the Cedar Point II area on August 20. Since that time, another development team has approached staff with a preliminary concept for redeveloping the area. At this early stage, staff does not see any apparent problems with this proposal and believes that it is worth exploring further. It is up to the policy-makers, however, whether additional proposals should be sought to compare and contrast with the proposal which has been brought to staff's attention. Staff is aware of at least one other development team that had expressed an interest in proposing a project in the area. Regardless of whether the City is going to entertain just this one proposal or open it up to other developers, staff is recommending that any proposal contain the information that was requested in the previous Request for Qualifications/Proposal process so that staff can conduct its due diligence in reviewing the prospective development team's background, development history, financial resources and references. City Council Members and HRA Commissioners will be able to discuss this further and give staff direction at the September 10 joint City Council/HRA Work Session. Re4ctf y submitte�� 4010 41111i r e . Devic City Manager SLD:cak Email: Department Directors Assistant City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Meeting g4C/4114'eed Advisory Board/Commission Applicant Interview August 13, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:45 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 an interview of the following applicants for appointment to a City Advisory Board and Commission: Ahmad Ansari Chad Patterson ADJOURNMENT The meeting was adjourned by unanimous consent at 6:58 p.m. Date Approved: September 10, 2013. Debbie Goettel Mayor Theresa Schyma Steven L. Devich Deputy City Clerk City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting g g Aug ust 13, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:02 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Pat Elliott; Sue Sandahl; Tom Fitzhenry; and Edwina Garcia. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Todd Sandell, Public Safety Director; Wayne Kewitsch, Fire Service Director; Jim Topitzhofer, Recreation Services Director; Jay Henthorne, Deputy Public Safety Director; Brandon Klement, Facilities Manager; Betsy Osborn, Health Administrator; Jeff Pearson, Transportation Engineer; Nancy Gibbs, City Clerk; Mary Tietjen, City Attorney; and Theresa Schyma, Deputy City Clerk. OPEN FORUM None. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Garcia, S/Fitzhenry to approve the minutes of(1) Special City Council Worksession of July 23, 2013; and (2) Regular City Council Meeting of July 23, 2013. Motion carried 5-0. Item #1 PRESENTATION BY LISA BRODSKY, BLOOMINGTON PUBLIC HEALTH, REGARDING THE PUBLIC HEALTH EMERGENCY PREPAREDNESS HEAT PLAN (COUNCIL MEMO NO. 70) Council Meeting Minutes -2- August 13,2013 Lisa Brodsky, Bloomington Public Health, made a PowerPoint presentation regarding the Public Health Emergency Preparedness Heat Response Plan. Item #2 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Mayor Goettel questioned the decision to cancel the second City Council meeting in August every year. She asked if it would be better to cancel the first meeting of August instead. City Manager Devich responded that staff is not opposed to changing the schedule. The City Council consensus was to cancel next year's first meeting in August to see if that works better for scheduling. Council Member Elliott provided an update on the preparations for the September 15 Open Streets at Penn Fest. Council Member Elliott reported on the July 23 community conversation "How Welcome Do You Feel in Richfield?" hosted by the Human Rights Commission. Council Member Garcia reported on Night to Unite. Council Member Sandahl announced the St. Peter's Pig Roast on August 17 and the Assumption Church Fun Fiesta on August 18. Council Member Sandahl reported on the August 12 Planning Commission and HRA bike tour of Richfield Rediscovered properties. Council Member Fitzhenry reported on the Urban Wildland Half Marathon and 5K on August 3. Mayor Goettel mentioned that City Council meetings are now streaming online. Item #3 COUNCIL APPROVAL OF AGENDA Mayor Goettel removed Item No. 7 from the agenda M/Sandahl, S/Fitzhenry to approve the agenda as amended. Motion carried 5-0. Item #4 CONSENT CALENDAR A. Consideration of approval of cancelling the public hearing regarding a revised plat for the area at the northwest corner of 66th Street and Richfield Parkway S.R. No. 147 B. Consideration of approval of continuing the public hearing regarding a resolution authorizing the City of Richfield to seek a $200,000 Minnesota Investment Fund loan from the MN Department of Employment and Economic Development to assist Solera Corporation in locating in Richfield S.R .No. 148 C. Consideration of approval of the resolutions pertaining to the annual Lyndale/HUB/Nicollet (LHN) maintenance assessment process and scheduling a public hearing for September 10, 2013 S.R. No. 149 RESOLUTION NO. 10820 Council Meeting Minutes -3- August 13,2013 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1, 2012 THROUGH DECEMBER 31, 2012 This resolution appears as Resolution No. 10820. RESOLUTION NO. 10821 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE LYNDALE/HUB/NICOLLET (LHN) PROJECT AREA FOR THE PERIOD JANUARY 1, 2014 THROUGH DECEMBER 31, 2014 This resolution appears as Resolution No. 10821. D. Consideration of approval of the resolutions pertaining to the annual 77th Street maintenance district assessment process and scheduling a public hearing for September 10, 2013 S.R. No. 150 RESOLUTION NO. 10822 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1, 2012 THROUGH DECEMBER 31, 2012 This resolution appears as Resolution No. 10822. RESOLUTION NO. 10823 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE 77TH STREET PROJECT AREA FOR THE PERIOD JANUARY 1, 2014 THROUGH DECEMBER 31, 2014 This resolution appears as Resolution No. 10823. E. Consideration of approval of the resolution declaring the costs to be assessed for the removal of diseased trees from private property for work ordered in 2012 and scheduling a public hearing for September 10, 2013 S.R. No. 151 RESOLUTION NO. 10824 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 2012 TO DECEMBER 31, 2012 This resolution appears as Resolution No. 10824. F. Consideration of approval of the purchase of a Toro Groundsmaster 5900 mower for use by the Park Maintenance Division from MTI Distributing for$81,660.44 plus tax S.R. No. 152 G. Consideration of approval of the agreement with JBB Properties, LLC relating to the annual inspection and maintenance of the sump manhole at 800 66th Street West S.R. No. 153 intoxicating liquor Consideration of approval of a temporary on sale int oxicatin g q uor license for the Church of the Assumption, 305 East 77th Street, for their annual Fun Fiesta on August 18, 2013 S.R. No. 154 Council Meeting Minutes -4- August 13,2013 I. Consideration of approval of a temporary on-sale intoxicating liquor license for the Church of St. Peter, 6730 Nicollet Avenue, for their annual Pig Roast event on August 17, 2013 S.R. No. 155 J. Consideration of approval of a request to purchase the Records Management System (RMS) software from LOGIS for the Police Department S.R. No. 156 RESOLUTION NO. 10825 RESOLUTION AUTHORIZING APPROVAL OF DONATION OF POLICE CANINE VESTS FROM VESTED INTEREST IN K-9'S, INC This resolution appears as Resolution No. 10825. K. Consideration of approval of a resolution accepting a donation of two Police Canine safety vests from Vested Interest in K-9's, Inc. S.R. No. 157 L. Consideration of approval of the first reading of an ordinance amending Section 840 of the Code of Ordinances relating to the sale and consumption of beer in public parks and schedule the second reading on August 28, 2013 S.R. No. 158 M/Goettel, S/Garcia to approve the Consent Calendar. Motion carried 5-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #6 CONSIDERATION OF THE FIRST READING OF AN ORDINANCE RELATED TO STREET LIGHT BANNERS AND APPROVAL TO ALLOW PENN CENTRAL OF RICHFIELD TO MOVE FORWARD WITH A DECORATIVE BANNER PERMIT APPLICATION FOLLOWING THE FIRST READING OF THE ORDINANCE, WITH ISSUANCE OF THE PERMIT FOLLOWING THE SECOND READING OF THE ORDINANCE S.R. NO. 159 Council Member Elliott presented Staff Report No. 159. M/Elliott, S/Garcia to approve of the first reading of an ordinance related to street light banners and approval to allow Penn Central of Richfield to move forward with a decorative banner permit application following the first reading of the ordinance, with issuance of the permit following the second reading of the ordinance. Motion carried 5-0. Item #7 CONSIDERATION OF A RESOLUTION GRANTING A SITE PLAN APPROVAL FOR AN ADULT DAY CARE SERVING UP TO 29 PERSONS AT 6722 PENN AVENUE S.R. NO. 160 This item was removed from the agenda. Council Meeting Minutes -5- August 13,2013 Item #8 CONSIDERATION OF THE SELECTION OF A 911 DISPATCH SERVICE PROVIDER FOR THE CITY OF RICHFIELD S.R. NO. 161 Mayor Goettel presented Staff Report No. 161. Council Member Fitzhenry stated that trying to find a dispatch center that would be as good as Richfield is impossible. He continued that he would prefer partnering with Bloomington but was impressed with Edina's dispatchers as well. Council Member Sandahl thinks that financially Hennepin County makes the most sense and wondered if the City would eventually be using them for dispatch services anyway. However, she thinks partnering with Edina is the best choice. Council Member Garcia believes that partnering with Edina for dispatching services is the best fit. However, she had hoped they would hire some Richfield dispatchers. Council Member Elliott thinks that partnering with Edina for dispatch services is the best option. Mayor Goettel thanked the Richfield dispatchers for their service to the community. She believes that partnering with Edina for dispatching services is the best option. M/Goettel, S/Sandahl to approve selection of the City of Edina for 911 dispatching service provider and direct the City Manager to initiate all necessary documents and/or contracts for the transition of the service. Motion carried 5-0. Item #9 CONSIDERATION OF REJECTING THE BID SUBMITTED FOR THE FEDERAL BIKEWAYS PROJECT AND APPROVE POSTPONEMENT OF THE WEST CONNECTION ROUTE CONSTRUCTION AND REBID THE EAST CONNECTION ROUTE CONSTRUCTION ONLY S.R. NO. 162 Council Member Fitzhenry presented Staff Report No. 162. Transportation Engineer Pearson stated that they received some feedback from potential contractors that will help with the rebid process. The rebid will focus on the east connection route to get that project completed. M/Fitzhenry, S/Sandahl to reject the bid submitted for the Federal Bikeways Project and approve postponement of the West Connection Route construction and rebid the East Connection Route construction only. Motion carried 5-0. Item #10 CONSIDERATION OF APPOINTMENTS TO THE CITY ADVISORY COMMISSIONS S.R. NO. 163 M/Sandahl, S/Goettel to make the following appointments: ARTS COMMISSION Name Term Expires Chad Patterson January 31, 2016 Council Meeting Minutes -6- August 13,2013 FRIENDSHIP CITY COMMISSION Name Term Expires Ahmad Ansari January 31, 2016 Motion carried 5-0. Item #11 CITY MANAGER'S REPORT • RECOGNITION OF TIM BORNHOLDT, VIDEO PRODUCTION ASSISTANT City Manager Devich stated that this is the last meeting for Tim Bornholdt, Video Production Assistant. He announced that Josh Wiederin will be the new Video Production Assistant. City Manager Devich thanked the representatives from Hennepin County for their help during the process of finding a new dispatching service for Richfield. He also mentioned that he is looking forward to the partnership with the City of Edina. Item #12 CLAIMS AND PAYROLLS M/Fitzhenry, S/Sandahl that the following claims and payrolls be approved: U.S. Bank 08/13/13 A/P Checks: 223815 - 224353 $ 1,975,767.25 Payroll: 94466—94845; 42166 -42169 $ 621,868.80 TOTAL $ 2,597,636.05 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:04 p.m. Date Approved: September 10, 2013 Debbie Goettel Mayor Theresa Schyma Steven L. Devich Deputy City Clerk City Manager CITY COUNCIL MINUTES Richfield, Minnesota g664leed i Council and Special Concurrent City HRA Worksession August 19, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel and HRA Chair Sandahl at 6:04 p.m. in the Bartholomew Conference Room. ROLL CALL Council Members Debbie Goettel, Mayor; Pat Elliott, and Sue Sandahl. Present: Council Members Edwina Garcia and Tom Fitzhenry. Absent: HRA Members Sue Sandahl, Chair; Steven J. Quam; Doris Rubenstein; Debbie Goettel; and Present: David Gepner (arrived 6:44 p.m.) Staff Present: Steven L. Devich, City Manager/Executive Director; John Stark, Community Development Director; Christine Costello; Economic Development Coordinator; and Cheryl Krumholz, Executive Coordinator. Item # 1 DISCUSSION REGARDING CEDAR POINT HOUSING REDEVELOPMENT AREA (HRA MEMO NO. 39 AND COUNCIL MEMO NO. 71) Community Development Director Stark provided the background related to the Cedar Point Redevelopment Area that included development of higher-density residential housing in the two blocks known as the Phase II Housing Redevelopment Area. He continued that the main impetus of the plan was and is to convert single-family land uses and structures that are incompatible with noise generated by the MSP Airport. Community Development Director Stark explained the Request for Qualifications (RFQ) and Request for Proposal (RFP) process and distribution to developers. He stated that staff received one formal proposal from Sherman Associates for the development of senior housing and office/retail which will be built in a later phase. Since the closing of the process, staff has been made aware of another developer who was not included in the distribution process and requested an opportunity to submit a proposal. The development was advised that they could submit a proposal but nothing has been received to date. Economic Development Coordinator Costello discussed the noise mitigation consent decree to which the City and the Metropolitan Airports Commission jointly agreed. Special Worksession Minutes -2- August 19, 2013 Andy Hughes, Sherman Associates, explained the limitations of the site for redevelopment and that a market study indicated a strong demand for senior housing. He added that market rate housing is not an option for this site because it is better suited for transitional housing. He stated Sherman Associates Is interested in continuing to work with the City. Mr. Hughes stated that the proposal presented this evening is the exact same as that presented to the HRA on June 17, 2013. Sherman Associates believes this is the best fit for the site. Mayor/HRA Commissioner Goettel questioned the lack of mixed use and expressed concern regarding the shadow impacts from the height of the buildings. She continued that she had hoped for something different than senior housing. HRA Commissioner Rubenstein expressed agreement with Commissioner Goettel that there is no difference from the proposal in June. HRA Commissioner Quam questioned the sound attenuation differences in the proposed 100% affordable versus 55+ market rate housing. Mr. Hughes explained that senior housing demands are more internal and affordable housing provides opportunities for other income sources needed to assist with funding gaps. Mayor/HRA Commissioner Goettel and HRA Commissioner Rubenstein requested staff seek other developers for new proposals and that the Housing Visioning Task Force values and concepts be included. Council Member Elliott stated that there needs to be a realistic approach with the airport so close to the site. HRA Commissioner Gepner arrived at 6:44 p.m. City Manager/Executive Director Devich explained the original use for the proposed site. He reminded the HRA and Council of the HRA's financial obligation on the assessments. Council Member/HRA Chair Member Sandahl stated multi-family housing made sense and suggested market rate be included. HRA Commissioner Quam stated he believed the 100% affordable housing was the biggest issue. Community Development Director Stark explained the next step would be the HRA to formally consider an exclusive rights agreement for Sherman Associates. ADJOURNMENT The meeting was adjourned by unanimous consent at 7:00 p.m. Date Approved: September 10, 2013. Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota gee*Ced Spec ial City Council Meeting August 28, 2013 CALL TO ORDER The meeting was called to order by Mayor Pro Tempore Sandahl at 5:12 p.m. in the Bartholomew Conference Room. ROLL CALL Council Members Suzanne M. Sandahl, Mayor Pro Tempore, Pat Elliott; Edwina Garcia; Tom Present: Fitzhenry; and Debbie Goettel, Mayor (via teleconference) Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Wayne Kewitsch, Fire Services Director; Bill Fillmore, Municipal Liquor Operations Director; Todd Sandell, Public Safety Director; Chris Regis, Finance Manager; Jim Topitzhofer, Recreation Services Director(via video); Brandon Klement, Facilities Manager; Jay Henthorne, Deputy Public Safety Director; Karen Shragg, Nature Center Manager; Pam Dmytrenko, Assistant City Manager; and Theresa Schyma, Deputy City Clerk. Item #1 CONSIDERATION OF THE SECOND READING OF AN ORDINANCE AMENDING SECTION 840 OF THE CODE OF ORDINANCES RELATING TO THE SALE AND CONSUMPTION OF BEER IN PUBLIC PARKS S.R. NO. 164 Mayor Pro Tempore Sandahl presented Staff Report No. 164. M/Sandahl, S/Fitzhenry that this constitutes the second reading of Bill No. 2013-16 amending Section 840 of the Richfield City Code relating to the sale and consumption of beer in public parks, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #2 DISCUSSION REGARDING HOUSING AND REDEVELOPMENT AUTHORITY COMMISSIONER RECRUITMENT Special Meeting Minutes -2- August 28,2013 Mayor Pro Tempore Sandahl stated that HRA Commissioner Quam's term was ending and that he was not seeking reappointment. She stated she liked the previous recruitment process and would like to use the same process this time. Mayor Goettel agreed with Mayor Pro Tempore Sandahl. She also encouraged people to apply. M/Sandahl, S/Garcia to use the same process for recruitment of a new Housing and Redevelopment Authority Commissioner. Motion carried 5-0. Item #3 DISCUSSION OF 2013 REVISED/2014 PROPOSED BUDGET AND 2014 PRELIMINARY TAX LEVY City Manager Devich introduced the 2014 proposed budget and preliminary tax levy. Finance Manager Regis presented the overall budget and tax levy PowerPoint. He discussed some key issues including levy limits for 2014 and the expenditures reduction due to the 911 dispatch service decision. City Manager Devich reviewed the Legislative/Executive Department budgets. He discussed the proposed funding changes in the Other Agencies Division resulting from social service funding. He also stated the increase in the Council/Mayor Division is due to the 4th of July carnival ending and the Council pledging to provide a subsidy to the 4th of July Committee. Finance Manager Regis reviewed the Administrative Services Department budgets.• Assistant City Manager Dmytrenko discussed health care reform and how that impacts the City Council tracking their hours worked. Public Safety Director Sandell reviewed the Public Safety Department budgets. He also discussed the transition to the City of Edina for 911 dispatch services and the potential timeline for completion. Fire Services Director Kewitsch reviewed the Fire Services Department budget. Community Development Director Stark reviewed the Community Development Department budgets. Public Works Director Eastling reviewed the Public Works Department budgets. He stated the Utility budgets would be discussed at the October 8, 2013 City Council Worksession. Recreation Services Director Topitzhofer reviewed the Recreation Services Department budgets via video. Facilities Manager Klement and Nature Center Manager Shragg were available for questions regarding the Recreation Services Department budgets. Municipal Liquor Operations Director Fillmore reviewed the Liquor Operations Department budgets. Special Meeting Minutes -3- August 28,2013 Mayor Pro Tempore Sandahl stated that it is important to dedicate money to promote Richfield as a young and active community. ADJOURNMENT The City Council Meeting was adjourned by unanimous consent at 7:25 p.m. Date Approved: September 10, 2013 Suzanne M. Sandahl Mayor Pro Tempore Theresa Schyma Steven L. Devich Deputy City Clerk City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 5A REPORT# 165 STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 10, 2013 REPORT PREPARED BY: CHRISTINE COSTELLO, ECONOMIC DEVELOPM NT COORDINATOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 0 ' If �a.LURE OTHER DEPARTMENT REVIEW: E A. vi 7GNAw A REVIEWED BY CITY MANAGER: E ITEM FOR COUNCIL CONSIDERATION: Continue the public hearing to consider a resolution authorizing the City of Richfield to seek a $200,000 Minnesota Investment Fund loan from the MN Department of Employment and Economic Development to assist Solera Corporation in locating in Richfield. I. RECOMMENDED ACTION: By Motion: Continue the public hearing to consider a resolution authorizing the City of Richfield to seek a $200,000 Minnesota Investment Fund loan from the MN Department of Employment and Economic Development to assist Solera Corporation in locating in Richfield to September 24, 2013. II. EXECUTIVE SUMMARY The State of Minnesota, through the Department of Employment and Economic Development (DEED), provides for revolving loan programs to certain businesses in Minnesota. These loans are generally intended to provide "seed" money for new businesses in Minnesota which will in turn, provide new higher paying jobs in the State. Under this revolving loan program the funds from DEED cannot be provided directly to the business entity. Instead, the funds are provided to the City in which the business is to be established pursuant to a grant agreement between the City and DEED. The City then loans the money to the business pursuant a loan agreement and one or more security agreements. 091013-Continue PH DEED Loan to Solera DEED and Greater MSP have approached the City of Richfield and requested that the City serve as the loan agent for Solera Corporation (Solera). The request for Richfield to act as the loan agent is essentially the same as what was requested and approved for Pinnacle Airlines Corporation in June. Solera is requesting a $200,000 loan from DEED for IT and equipment costs associated with having a centrally located worksite for the company. They will be located on one floor in the Best Buy Campus. Lease negotiations at the Best Buy Campus were expected to be completed at the time of the August City Council meeting, but negotiations have taken longer than expected. Solera was expected to come before the City Council on September 10th, but Solera has requested that the public hearing again be continued to the September 24th City Council meeting since lease negotiations are still not complete. III. BASIS OF RECOMMENDATION A. BACKGROUND • Solera is an automotive insurance claims company which was created in 2005. • Solera does business in over 60 countries handling claims for insurance companies, body-shops and independent assessors. • Solera provides services to more than 55,000 customers, which includes more than 900 automobile insurance carriers, 33,000 collision repair facilities, 7,000 independent assessors, and 3,000 automotive recyclers. Solera is also in the top 10 largest automobile insurance companies in North America and Europe. • Solera recently acquired two software/accounting services companies; Explore Information Services in Eagan and Audatex in Plymouth. The acquired companies will be known as AudaExplore. • Solera is planning to consolidate the AudaExplore workforce into one building; after an exhaustive search they chose to locate on one floor (56,000 square feet) at the Best Buy Campus. • AudaExplore will retain the current workforce (120 positions) and over the next two years to add an additional 40 employees. • The positions at AudaExplore will be high quality, high paying jobs. B. POLICY • The DEED funds must be administered through a political subdivision of the State. • Richfield will act as the loan agent for the $200,000 loan to Solera. • The State of Minnesota requires official City Council action in the form of a formal application, public hearing and adoption of a resolution to be submitted to DEED for this process. • The loan of funds from the City to Solera is a business subsidy and a public hearing is required under Minn. Stat. Section 116J.993 — 116J.995 (the "Business Subsidy Act"). C. CRITICAL TIMING ISSUES • The application for the funding to Solera through the City of Richfield has been completed. • A local public hearing must be held prior to the adoption of a resolution, submission of the application to DEED, and the provision of the loan to Solera. • Proper notice of Public Hearing was published in accordance to law. • The relocated positions and new jobs that would be created in the future will be located within the community and be potential customers of Richfield businesses and potential Richfield homeowners. D. FINANCIAL • No City funds will be used to fund the loan to Solera. Administration of the loan is expected to involve minimal staff time. E. LEGAL • Notice of this public hearing has been published in the Sun Current newspaper in accordance with notification requirements. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The City could decide not to act as the fiscal agent in this matter. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A AGENDA SECTION: CONSENT AGENDA ITEM# 5B REPORT# 166 STAFF REPORT gec*dd CITY COUNCIL MEETING SEPTEMBER 10, 2013 REPORT PREPARED BY: CHRIS REGIS,FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: di SIGNATURE OTHER DEPARTMENT REVIEW: El N/A, fillitigN REVIEWED BY CITY MANAGER: 241111/ 41116,41, ITEM FOR COUNCIL CONSIDERATION: Consideration of appointment the firm of Kern, DeWinter, Viere (KDV) as the City's auditor for the financial reporting fiscal years 2013-2015, and to authorize the City Manager and Mayor to execute an agreement for such services. I. RECOMMENDED ACTION: By Motion: Approve the appointment of the firm Kern, DeWinter, Viere (KDV) as the City's auditor for the financial reporting fiscal years 2013-2015, and to authorize the City Manager and the Mayor to execute an agreement for such services. II. EXECUTIVE SUMMARY It has been the practice of the City to periodically seek proposals from a number of auditing firms to ensure the City retains quality auditing services at a competitive price. Accordingly, city staff initiated an auditor proposal process in July of this year to select an audit firm for the next three-year period. Request for proposals were sent to five auditing firms that practice in governmental services. The City received proposals from four firms. The proposals were reviewed by the Finance Manager and the HR Coordinator. Based on the review of the proposals all four firms were invited to participate in an interview process. 0910 Audit Firm Appointment The interview panel consisted of the City Manager and the Finance Manager. The four firms interviewed were KDV, Abdo, Eick, & Meyers LLP, Clifton Larson Allen, and HLB Tautges Redpath, Ltd. Based on the selection process, it was the consensus recommendation that the firm of Kern, DeWinter, Viere (KDV) be appointed as the City's auditor for the years 2013-2015. III. BASIS OF RECOMMENDATION A. BACKGROUND • KDV is one of the leading audit firms for auditing municipalities in the Twin Cities' and in outstate Minnesota. 17 of their clients consistently receive the GFOA Certificate of Achievement. • KDV can also provide the City with considerable finance and accounting expertise in addition to their standard audit services. B. POLICY • It is most important to note that the selection of an auditing firm is exclusively within the purview of the City Council. The function of any auditor is to audit work performed by staff and report directly to the City Council with the results. • The role of staff in this selection process is to assist the City Council in identifying the qualifications, abilities and cost of selecting any audit firm. • The agreement with KDV is contemplated to be a three-year contract, subject to the annual review and recommendation of the Finance Manager, satisfactory negotiation of terms and the concurrence of the City Council. C. CRITICAL TIMING ISSUES • It is critical to select an audit firm now as firms are in the process of setting their schedules for the upcoming audit period. D. FINANCIAL • The price of$39,200 submitted by KDV for the audit of the City's 2013 fiscal year is $3,025 less than the audit fees paid in the previous year. • 41 700 40 500 and $ , edb $ , Prices submitted by 2015 are KDV for 2014 and respectively. E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • If the City Council does not wish to appoint this selected firm, another selection could be made. In that event, the selection panel would recommend the selection of HLB Tautges Redpath, Ltd. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Matthew Mayer, CPA Partner with KDV 71■11■•■•. AGENDA SECTION: CONSENT AGENDA ITEM# 5C REPORT# 167 STAFF REPORT ii c � e, "+ CITY COUNCIL MEETING SEPTEMBER 10, 2013 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER 137 NAME,TITLE DEPARTMENT DIRECTOR REVIEW: &- SIGNATURE OTHER DEPARTMENT REVIEW: ❑ N/A SIGNATURl 0 ra REVIEWED BY CITY MANAGER: EA/ Aki -•I t.■■Ihstiabill. .....a' .ilit ITEM FOR COUNCIL CONSIDERATION: Approval by motion an agreement to extend an easement as part of a Site Lease Agreement at 7401 Logan Avenue South between the City of Richfield and Sprint Spectrum L.P. i I. RECOMMENDED ACTION: By Motion: Approve the agreement to extend an easement as part of a Site Lease Agreement at 7401 Logan Avenue South between the City of Richfield and Sprint Spectrum L.P. II. EXECUTIVE SUMMARY The City of Richfield entered into a Site Lease Agreement with Sprint Spectrum LP (Tenant) at 7401 Logan Avenue South on May 24, 1999. The agreement allowed the Tenant to erect cellular telephone antenna system on the City water tower located at the 7401 Logan Avenue South location. On November 13, 2012, the City and the tenant amended the May 24, 1999 agreement to allow the tenant to add, on a temporary basis, additional antennas as part of an upgrade to the existing facilities. The tenant now desires to further upgrade their equipment and facilities to 4G capabilities. To complete the 4G upgrade the tenant needs to modify the existing 0910 Sprint easement, which is part of the original site lease agreement, in order to place fiber optic cable as required for the upgrade. III. BASIS OF RECOMMENDATION A. BACKGROUND • N/A B. POLICY • N/A C. CRITICAL TIMING ISSUES • The tenant is awaiting City Council approval prior to commencing with the upgrade. D. FINANCIAL • Any costs incurred will be borne by Sprint Spectrum L.P. E. LEGAL • The City Attorney has worked with City staff and the tenant to draft the modification to the existing easement. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • None. V. ATTACHMENTS • Easement agreement. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 5e— RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Sprint Nextel Property Services Mailstop: KSOPHT0101-Z2650 6391 Sprint Parkway Overland Park, KS 66251-2650 [space above this line for Recorder's use] Abstract EASEMENT THIS INSTRUMENT is made by the City of Richfield, a municipal corporation organized under the laws of the State of Minnesota, Grantor, in favor of Sprint Spectrum, L.P., a Delaware limited partnership, Grantee. Recitals A. Grantor is the fee owner of the following described property in Hennepin County, Minnesota(the "Property"): Parcel 1: The South (S) Twenty (20) rods of Government Lot Four (4) of Section Thirty- three (33), Township Twenty-eight (28), Range Twenty-four (24), according to the United States Government Survey thereof and situated in Hennepin County, Minnesota And The North half(N1/2) of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW1/4) of Section Thirty-Three (33), Township Twenty-eight (28), Range Twenty-Four (24), according to the United States Government Survey thereof and situated in Hennepin County, Minnesota. Parcel 2: A tract of land bounded by the following described line,to-wit: 1 429150v1 MDT RC145-643 5e,- a Commencing at the Southeast corner of the North One-half (N1/2) of the East three-fourths (E3/4) of the Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4) of Section Thirty-three (33), Township Twenty-eight (28), Range Twenty-four (24) West; thence North along the East line of the Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4) of said Section Thirty-three (33), a distance of 490 feet to the actual point of beginning; thence North 100 feet along the said Easterly line of the Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4) of Section Thirty-three (33); thence West a distance of 100 feet; thence South a distance of 100 feet; thence Easterly a distance of 100 feet to the actual point of beginning, according to the United States Government Survey thereof and situated in Hennepin County, Minnesota. B. Grantor desires to grant to the Grantee an easement, according to the terms and conditions contained herein. C. The Easement is for the benefit of and appurtenant to a wireless communications facility, as may be modified or extended from time to time, located on the Property ("Communications Site"). Terms of Easement 1. Grant of Easement. For good and valuable consideration,receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee, and each of its affiliates, the following easement: A permanent, non-exclusive easement for Fiber Optic Cable utility purposes over, under, across and through that part of the Property described as follows and further described and depicted on the attached Exhibit A: The South 326.00 feet of the West 10.00 feet of the North Half of the Northeast Quarter of the Southwest Quarter of Section 33, Township 28 North, Range 24 West of the Fifth Principal Meridian, Hennepin County, Minnesota. ("Easement Area") Said Fiber Optic Cable to be located not less than 8 feet from the water main within the Easement Area. 2. Scope of Easement. The permanent fiber optic cable utility easement granted herein includes the right of the Grantee, its contractors, agents, and employees to enter the Property at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering, replacing, upgrading and repairing fiber optic cable not less than 8 feet from the water main within the described Easement Area. The easement granted herein also includes the right to cut, trim, or remove from the easement areas trees, shrubs, or other vegetation that, in the Grantee's judgment, unreasonably interfere with the easement or facilities of the Grantee, its successors or assigns. 2 429150v1 MDT RC145-643 5C- 3 3. Warranty of Title. The Grantor warrants it is the owner of the Property and has the right, title and capacity to convey to the Grantee the easement herein. 4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants that may have existed on, or that relate to,the easement area or Property prior to the date of this instrument. 5. Restoration of Property. Whenever the Grantee shall engage in construction or repair of the fiber optic cable, the Grantee shall restore the Easement Area and any Property adjacent to the Easement Area damaged by such activity to a condition equal to or better than the condition that existed prior to such construction or repair. Grantor specifically agrees that Grantee shall have no obligation to replace or repair surface improvements installed by Grantor within the Easement Area, including without limitation fences, signs,trees,or shrubs 6. Notices. All notices must be in writing and are effective only when deposited in the U.S. mail, certified mail, return receipt requested and postage prepaid or when sent via overnight delivery service. Notices to Grantee are to be sent to: Sprint/Nextel Property Services, Sprint Nextel Property Services, Mailstop: KSOPHT0101-Z2650, 6391 Sprint Parkway, Overland Park, KS 66251-2650, with a mandatory copy to: Sprint/Nextel Law Department, Mailstop KSOPHT0101- Z2020, 6391 Sprint Parkway, Overland Park, Kansas 66251-2020, Attn.: Real Estate Attorney. Notices to Grantor must be sent to: 7. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns. 8. Duration. This Easement will terminate sixty (60) days after Grantee and its affiliates (and each of their respective heirs, successors, assigns, tenants, subtenants, mortgagees and licensees) stop using the Communications Site for communications purposes because of the expiration or termination of the lease or other agreement giving Grantee the right to use the Communications Site (and any extension, renewal, modification or replacement of that lease or other agreement). Upon the expiration or termination of the lease or other agreement for such Communications Site, the Grantee, or its successors and assigns, and Grantor shall execute and record an agreement releasing the Easement. STATE DEED TAX DUE HEREON: NONE 3 429150v1 MDT RC145-643 Dated this day of , 2013. City of Richfield By: Its: Mayor By: Its: City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2013, by Debbie Goettel, the mayor of the City of Richfield, a municipal corporation organized under the laws of the State of Minnesota, on behalf of the municipal corporation, Grantor. Notary Public NOTARY STAMP OR SEAL STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2013, by Steven Devich, the city manager of the City of Richfield, a municipal corporation organized under the laws of the State of Minnesota, on behalf of the municipal corporation, Grantor. Notary Public NOTARY STAMP OR SEAL 4 429150v1 MDT RC145-643 5`� V Dated this day of , 2013. Sprint Spectrum, L.P. By: Its: STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2013, by , the of Sprint Spectrum, L.P., a Delaware limited partnership. 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L* -1.' •n g4 ° m g$E }1=0.5,.5$= }n as• 00'Wl M.1q,01.05- �, .. °5� °n a\.-£^ °i•S B 6 W .14'4,, • o� • .. . - E� rNNY oz oSS.� Eo3 to = ., 2 a •ri- 8 ./28 t ,S rs= b $er V.. � I �° a i� g; =2eE gig 30 4,..:',711 Y 1 ° 9f8 ;e1 h irpaT6=°E ;..a °w.; s°: L� �� g E s�. 3� 9 r �eass f fr2 °� ... - u,i mss, -51 '--1=s-gdI ° b$O _ 5 $°s R a d „ ° sE Oi W �o =51, 1 o=. _ . 3 _i �„ M pZ.663'NNE'd..•CC"NS iS € 1.,11:5 lfziiin°u 8 it ii°° ,.p/1 MS 0 16,,/ MN MN 641 Co p/t MS 641 1°9/t MN w S�,_�4 k8k E.41, Zit N 641 IN»6np I67.WM 741 lo Z/t N 641 l6 0.411 446N--, G„a a d LL ;n )`` AGENDA SECTION: CONSENT AGENDA ITEM# SD REPORT# 168 STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 10, 2013 REPORT PREPARED BY: CHRIS REGIS,FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE OTHER DEPARTMENT REVIEW: ❑ N/A Ae SIGN RE REVIEWED BY CITY MANAGER: ' f ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution declaring costs to be assessed for current services performed for weed elimination from private property and removal or elimination of public health or safety hazards from private property. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution declaring costs to be assessed and ordering the preparation of the proposed assessment roll for weed elimination from private property and removal or elimination of public health or safety hazards from private property and setting the public hearing date for October 8, 2013. II. EXECUTIVE SUMMARY Minnesota State Statutes provide that the City may levy a special one year assessment for the elimination of public health or safety hazards or the elimination of weeds from private properties. The special assessments are based on costs incurred by the City in connection with the abatement of weeds or public health or safety hazards on certain properties in the City which are not properly maintained. The owners of the subject properties are notified by the City to take corrective action with regard to the issue with the property. If the specific property issues were not abated within the proper time limit the City would take the corrective action necessary and bill the property owner. 0910 Nuisance Assessment In all cases, property owners will be notified that any unpaid charges or fees may be assessed against the property. III. BASIS OF RECOMMENDATION A. BACKGROUND • B. POLICY • The nuisance properties were not maintained by the owners and the City incurred costs to abate the nuisance. • Minnesota State Statutes provide that the City may levy a special one- year assessment for these costs. • Notice of the certification will be published in the Sun Current September 19, 2013. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The proposed special assessment for the elimination of public health or safety hazards from private property is $4,030.00 with an additional 5% interest penalty. Examples include removal of debris or garbage from the property. • The proposed special assessment for weed elimination from private property is $4,090.00 with an additional 5% interest penalty. • Costs incurred for city staff time in the cleanup of the properties or to remove the weeds are included in the special assessment amount. • A $50.00 administrative fee is charged to all properties. • The affected property owner may prepay the original principal amount without interest within 30 days from the date the Council adopts the assessment, scheduled for October 8, 2013. If the original principal amount is not paid, the assessment will be charged 5% interest. E. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Do not approve the attached resolutions and have the costs absorbed by the City. V. ATTACHMENTS • Resolution declaring costs to be assessed and ordering preparation of proposed assessment for weed elimination from private property, and removal or elimination of public health or safety hazards from private property. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 5D- ) RESOLUTION NO. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR WEED ELIMINATION FROM PROVATE PROPERTY AND REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PROVATE PROPERTY. WHEREAS, costs have been determined for weed elimination and removal or elimination of public health or safety hazards from private properties in the City of Richfield and the expenses incurred or to be incurred for such work ordered amount to $8,120.00 Public Health or Weed Safety Property Address Property ID Number Elimination Hazards 1500 66th Street East 26-028-24-13-0107 170.00 110.00 1709 72nd St. W. 33-028-24-24-0061 170.00 6218 Humboldt Ave. 28-028-24-21-0018 170.00 6221 Xerxes AveS 29-028-24-12-0125 120.00 6245 13th Ave s 26-028-24-12-0128 200.00 6301 Dupont Ave S 28-028-24-11-0069 170.00 6400 17th Ave S 26-028-24-14-0019 485.00 6439 Washburn Ave S 29-028-24-13-0060 170.00 740.00 6445 1st Ave S 27-028-24-13-0043 120.00 6445 Xerxes Ave S 29-028-24-13-0021 170.00 6529 Newton Ave S 28-028-24-23-0110 120.00 6621 10th Ave. S. 26-028-24-31-0028 400.00 6713 Queen Ave S 29-028-24-41-0156 170.00 6727 Nicollet Ave. S 27-028-24-42-0051 170.00 6732 3rd Ave. S. 27-028-24-42-0021 400.00 6732 Chicago Ave s 26-028-24-32-0098 340.00 6745 Nicollet Ave S 27-028-24-42-0048 140.00 6800 Thomas Ave S 29-028-24-43-0001 120.00 6901 Harriet Ave. 27-028-24-33-0051 170.00 6908 Oliver Ave S 28-028-24-33-0052 295.00 7020 13th Ave S 35-028-24-12-0004 297.00 7040 Cedar Ave S 35-028-24-11-0011 125.00 7144 4th Ave S 34-028-24-11-0044 340.00 280.00 7233 Portland Ave S 35-028-24-23-0111 120.00 7233 Thomas Ave S 32-028-24-14-0064 170.00 7320 4th Ave S 34-028-24-14-0065 75.00 7320 Oliver Ave S 33-028-24-23-0011 303.00 7600 11th Ave. S. 35-028-24-34-0023 145.00 7626 12th Ave S 35-028-24-34-0011 740.00 235.00 7645 Nicollet Ave S 34-028-24-43-0070 170.00 Total $4,090.00 $4,030.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, N Y Minnesota: 1. The total cost to be assessed against benefited property owners is declared to be $8,120.00. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such work against each benefited property, and shall file a copy of such proposed assessment in her office for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 5D- 4. A hearing shall be held on the 8th day of October, 2013 in the City Hall Council Chambers at 7:00 p.m., or as soon as hereafter as it may be reached on the agenda, to pass upon such proposed assessment and at such time and place all persons owning property affected by the weed elimination and/or removal of public health or safety hazards assessment will be given an opportunity to be heard in reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment at least two weeks prior to the hearing and shall state in the notice the total cost of the weed elimination and the removal or elimination of public health or safety hazards. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted by the City Council of the City of Richfield this 10th day of September, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 5E REPORT# 169 STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 10, 2013 REPORT PREPARED BY: CHRIS REGIS,FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE OTHER DEPARTMENT REVIEW: ❑ N/A ' SIGNATU � C REVIEWED BY CITY MANAGER: 0/g,i, ,ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution declaring costs to be assessed for unpaid false alarm user fees against private property. . I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution declaring costs to be assessed and ordering the preparation of the proposed assessment roll for unpaid false alarm user fees against private property and setting the public hearing date for October 8, 2013. II. EXECUTIVE SUMMARY Richfield City Code and City Charter allow the City to specially assess delinquent false alarm user fees against the respective properties. State Statutes provide that the City may levy a special one year assessment for these costs. Unpaid alarm user fees must be paid to the City within 30 days from the date of written notice by the City to the alarm user. Fees not paid within the time specified will be subject to a 10% penalty charge. The special assessment for unpaid false alarm user fees from private properties is to recover costs incurred by the City in connection with the response by public safety to an alarm call on certain properties in the City that turns out to be false. 0910 False Alarm Assessment III. BASIS OF RECOMMENDATION A. BACKGROUND • N/A B. POLICY • Richfield City Code section 915.07 Subd. 3 and chapter 8.02 of the City Charter allows the City to specially assess delinquent false alarm user fees against the respective properties. • Minnesota State Statutes provide that the City may levy a special one- year assessment for these costs. • Notice of the certification will be published in the Sun Current September 19, 2013. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • A 10% penalty charge is applied to all properties which have not paid within the time specified. • The proposed special assessment for unpaid false alarm user fees from private property is $2,585.00 with an additional 5% interest charge on the assessment. • The affected property owner may prepay the original principal amount without interest within 30 days from the date the Council adopts the assessment, scheduled for October 8, 2013. If the original principal amount is not paid, the assessment will be charged 5% interest. E. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Do not approve the attached resolutions and have the costs absorbed by the City. V. ATTACHMENTS • Resolution declaring costs to be assessed and ordering preparation of proposed assessment for unpaid false alarm user fees from private property. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. E- 1 RESOLUTION NO. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR UNPAID FALSE ALARM FEES FROM PROVATE PROPERTY. WHEREAS, costs have been determined for unpaid false alarm fees from private properties in the City of Richfield in the amount of$2,585.00. Unpaid False Property Address Property ID Number Alarm Fee 1830 East 66th Street 26-028-24-14-0131 1,430.00 28 West 66th Street 27-028-24-24-0061 110.00 6234 A Lyndale Ave S. 28-028-24-11-0018 110.00 6425 Penn Ave S. 28-028-24-23-0009 55.00 6600 Penn Ave S. 29-028-24-41-0001 110.00 6636 Cedar Ave S. 26-028-24-41-0063 330.00 7644 S Lyndale Ave. 33-028-24-44-0115 110.00 980 West 78th Street 33-028-24-44-0235 330.00 Total $2,585.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The total cost to be assessed against benefited property owners is declared to be $2,585.00 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for costs incurred against each benefited property, and shall file a copy of such proposed assessment in her office for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 4. A hearing shall be held on the 8th day of October, 2013 in the City Hall Council Chambers at 7:00 p.m., or as soon as hereafter as it may be reached on the agenda, to pass upon such proposed assessment and at such time and place all persons owning property affected by the unpaid false alarm fee assessment will be given an opportunity to be heard in reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment at least two weeks prior to the hearing and shall state in the notice the total cost of the unpaid false alarm fees. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted by the City Council of the City of Richfield this 10th day of September, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 5F REPORT# 170 STAFF REPORT 64r.c ' CITY COUNCIL MEETING SEPTEMBER 10, 2013 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER N TLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE OTHER DEPARTMENT REVIEW: [] NIA' TURF REVIEWED BY CITY MANAGER: 41111 al 41 ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading amending the attached ordinance relating to the interest rate for internal loans from the City's Permanent Improvement Revolving Fund. I. RECOMMENDED ACTION: By Motion: Approve the first reading amending an ordinance relating to the interest rate for internal loans from the City's Permanent Improvement Revolving Fund; amending subsection 315.07 of the Richfield City Code. II. EXECUTIVE SUMMARY Subsection 315.07, subd. 3 of the Richfield City Code defines the disposition of funds within the Permanent Improvement Revolving Fund (PIR). Funds may be used only as directed by resolution of the City for the purposes of advancing to local improvement funds the cost of improvements for which assessments are to be levied and to provide interim financing of capital expenditures for projects of the City or the City's housing and redevelopment authority. 0910 PIR All funds provided must be paid back to the PIR Fund with interest at a rate of not less than 5% per annum. The amendment to the ordinance would allow the interest rate to be set by the City Council at the time the funds are to be provided. III. BASIS OF RECOMMENDATION A. BACKGROUND • At the February 26, 2013 City Council meeting a resolution was approved authorizing an interfund loan from the PIR Fund to the Richfield Housing and Redevelopment Authority as part of the Richfield Parkway project. • At the time the interfund loan was established, staff was aware that the interest rate established as part of the loan was not in conformance with the ordinance and subsequently, the ordinance would need to be amended. • The interfund loan is not scheduled to be made to the HRA until the fall of 2014. B. POLICY • The amending of the City Code requires both a first and second reading before the City Council C. CRITICAL TIMING ISSUES • None D. FINANCIAL • The amendment to the ordinance will allow for interest rates to be established at or near current market conditions. E. LEGAL • Legal Counsel has prepared the amendment to the existing ordinance. • A second reading of this ordinance amendment is scheduled for September 24, 2013. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • None. V. ATTACHMENTS • An ordinance relating to interest rate for internal loans from the City's Permanent Improvement Revolving Fund; amending subsection 315.07 of the Richfield City Code. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A F- BILL NO. AN ORDINANCE RELATING TO INTEREST RATE FOR INTERNAL LOANS FROM THE CITY'S PERMANENT IMPROVEMENT REVOLVING FUND; AMENDING SUBSECTION 315.07 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 315.07, subd. 3 of the Richfield City Code, is amended to read as follows: Subd. 3. Disposition of Funds. The monies in the PIR fund shall be used only as directed by resolution of the City and for the purposes of (i) advancing to local improvement funds the cost of improvements for which assessments are to be levied, and (ii) providing interim financing of capital expenditures for projects of the City or the City's housing and redevelopment authority. All such monies so furnished shall be restored when and as sufficient monies are received in said improvement funds or permanent project financing has been obtained, as the case may be, with interest at a rate of not less - _- _ - -°: _- - _ •• to be set by the City Council at the time the loan is made during the time for which such monies have been so furnished. Notwithstanding the foregoing provisions of this subdivision, the proceeds of the PIR fund, in a total amount not to exceed $300,000.00, may be transferred to the capital improvement budget of the City by resolution of the City Council to provide funds for the acquisition and betterment of public safety facilities in the City. Section 2. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Adopted this day of , 2013. By: Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 5G REPORT# 171 =AA STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 10, 2013 REPORT PREPARED BY: ELIZABETH FINNEGAN, CIVIL ENGINEER NAME,TITLE DEPARTMENT DIRECTOR El/ typo REVIEW: SIGNATURE OTHER DEPARTMENT REVIEW: N,{% REVIEWED BY CITY • MANAGER: /�� 4eird ITEM FOR COUNCIL CONSIDERATION: Consideration of work proposal from Kimley-Horn and Associates, Inc. for the preliminary engineering and coordination services for Portland Avenue, between 67th and 77th Streets. I. RECOMMENDED ACTION: By Motion: Approve the hiring of Kimley-Horn and Associates, Inc. to provide preliminary engineering services for the Portland Avenue reconstruction project at a cost not to exceed $315,000. II. EXECUTIVE SUMMARY Consistent with City Council direction and the City's Comprehensive Plan, staff is working with Hennepin County towards a program to reconstruct the balance of County Roads within the City of Richfield. Portland Avenue Reconstruction The City of Richfield was awarded the federal funds for the reconstruction of Portland Avenue from 67th Street to 77th Street and will be the lead agency for preliminary design, final design, and construction. On January 8, 2013, the Council approved the hiring of HR Green, Inc. to provide preliminary engineering services for the Portland Avenue reconstruction project. Shortly after the contract was 09102013Kimley-HornPortland approved, there was a change in principals at the firm that drastically changed the company. In light of this change, City Staff decided it was best to select a different engineering firm. In order to stay on schedule for reconstruction and enter into an exhaustive public involvement and preliminary design process prior to final design, City staff recommends the hiring of Kimley-Horn and Associates, Inc. III. BASIS OF RECOMMENDATION A. BACKGROUND • In 2012, the City was awarded a federal grant for the reconstruction of Portland Avenue to be used in 2015. • City staff uses a Qualification Based Selection process for procuring engineering services such as transportation, water treatment, stormwater management, surveying and right-of-way services. • Every five years City Staff invites engineering consultants to submit proposals featuring their qualifications in the various service areas. City staff reviews the proposals and select firms to be included in the Engineering Pool to perform work that will be needed for upcoming projects. • Kimley-Horn and Associates, Inc. is in the City's Engineering Consultant Pool and is an experienced engineering firm. They have submitted a proposal to provide the preliminary engineering services for the Portland Avenue Reconstruction Project • City Staff negotiated the tasks and the amount of time needed for the tasks. The total contract amount cannot be exceeded without further Council authorization. B. POLICY • The reconstruction of County Roads is identified in the City's Comprehensive Plan (Transportation). • Council approval is required for expenditures over $50,000. C. CRITICAL TIMING ISSUES • In order to complete a plan set to provide for 2015 reconstruction the Preliminary Engineering should begin as soon as possible. D. FINANCIAL • The total estimated cost for the Portland Avenue proposed work is $315,000 to be funded using Municipal State Aid (MSA) Funds (gas tax). E. LEGAL • The City Attorney will be available to answer questions. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council may choose not to approve the work proposal at this time and direct staff on how to proceed. V. ATTACHMENTS • Portland Avenue (CSAH 35) Preliminary Design Scope of Work from Kimley- Horn and Associates, Inc. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. SG =1� Kimley-Horn ® and Associates,Inc. August 26,2013 Suite 238N 2550 University Avenue Ms.Kristin Asher,P.E. St.Paul,Minnesota City Engineer 55114 City of Richfield 1901 E 66th Street Richfield,MN 55423 Re: Portland Avenue(CSAII 35)Improvements-66th Street to 76th Street Proposal for Preliminary Design Services Dear Kristin, Thank you for the opportunity to submit this proposal for preliminary design services for the Portland Avenue Improvements project. Based on our discussions with you on August 12,2013,we understand that the primary objective of this scope is to provide assistance to the City of Richfield in developing a preliminary design and cost estimate for improvements to Portland Avenue from 66t''Street to 76th Street,including consideration of the number and configuration of vehicle lanes,bicycle lanes,new or improved sidewalk, streetscape,and lighting. Project Understanding The City of Richfield has received Federal STP-UG funding for improvements to Portland Avenue(CSAH 35)from 67th Street to 77th Street. The City has requested that Kimley-Horn provide a Scope of Services that includes project management,data collection,environmental documentation,stakeholder engagement,traffic study,and preliminary design for this segment of Portland Avenue. The project will adhere to Minnesota Department of Transportation (MnDOT)State Aid standards for Federal Aid projects. Scope of Services The following is a summary of our proposed Scope of Services for the project. Task 1 Project Management Kimley-Horn will provide project management and coordination services including quality assurance/quality control of the project deliverables. 1.1 Project Management/Administration Kimley-Horn will coordinate project management activities including project monitoring,progress reports,the development of a detailed work plan with specific staff assignments,and preparation of a project schedule indicating critical dates,milestones, and deliverables. ■ TEL 651 645 4197 FAX 651 645 5116 56- a c=inKimley-Horn and Associates,Inc. Ms.Kristin Asher,August 26,2013,Pg.2 1.2 Kickoff Meeting Kimley-Horn will hold a kickoff meeting with a Project Management Team(PMT)including City of Richfield and Hennepin County staff to discuss the scope and schedule for the project. Kimley-Horn will also hold an internal team kickoff meeting to review the project requirements with staff involved. 1.3 PMT Meetings Hold up to eight(8)subsequent PMT meetings to discuss issues that arise during the public engagement and preliminary design work. Kimley-Hom will be responsible for preparing meeting agendas,meeting minutes,and necessary exhibits to conduct the meetings. 1.4 Quality Control Reviews Kimley-Horn will coordinate quality control reviews of deliverables. Deliverables:Meeting Minutes,Work Plan, Schedule and QA/QC Reviews. Task 2—Data Collection Field collection of survey data for the preparation of a base map for the project corridor has already been completed by another consultant. This includes horizontal/vertical control and topographic survey information,a utility structure survey,and existing right-of-way/easement identification. We have assumed that this information is available for our use and that no additional data collection efforts will be required for the preliminary design activities. We will utilize this existing conditions information to develop a base map and digital terrain model for the project corridor. Deliverables: Electronic Base Map Task 3—Environmental Documentation Environmental documentation is required on all state and federally funded projects to some degree. The following is a summary of the tasks required for this project. 3.1 Project Memorandum Kimley-Hom will complete a Project Memorandum(PM)for the project using MnDOT's State Aid for Local Transportation PM template. The PM will document the need for the proposed reconstruction; environmental impacts and any required mitigation; and project schedule,funding,and design information. The document will be prepared to demonstrate that the project does not have a significant environmental effect and is excluded from the requirement to prepare an EA or EIS in accordance with 23 CFR 771.115. The PM will include an existing roadway condition description;project purpose and need; describe project alternatives(no build alternative and preferred 5G-3 CzVI Kimley-Horn and Associates,Inc. Ms.Kristin Asher,August 26,2013,Pg.3 alternative at a minimum,three design alternatives at a maximum); project cost;funding; and schedule. It will include a social,economic, and environmental(SEE)impacts section including Section 4(f)and Section 6(f)analysis,if required.The PM will also describe agency and public involvement conducted for the project. A design summary including design standards and specifications,geometric design elements,design exception requests(if any)will be included in the PM. 3.2 Section(4)f Analysis If required,Kimley-Horn will complete a Section 4(f)Program Evaluation document using guidance from the MnDOT Highway Project Development Process. It is anticipated that a Section 4(f)Programmatic Evaluation will be required if impacts are proposed to Veterans Park during project construction. The Programmatic Evaluation will be attached to the PM and is expected to require the same review time as the PM. The Programmatic Evaluation must be reviewed by the MnDOT Office of Environmental Services and FHWA. The evaluation will include: a description of the proposed action,description of 4(f)property, permanent(if any)and temporary impacts to the 4(f)property,avoidance alternatives,measures to minimize harm,a record of coordination, conclusion on basis of 4(f)impacts,and appropriate appendices. 3.3 Section(6)f Analysis Veteran's Memorial Park is a recipient of State-funded recreation grant and any conversion from recreational land use within the park boundary will require a Section 6(f)conversion request and replacement mitigation. The State uses the same process that the federal Land and Water Conservation Fund(LAWCON)does for their conversion approval process. If necessary,Kimley-Horn will complete a Section 6(f)Conversion Request. The Minnesota DNR Grants Manager will confirm if a 6(f)conversion is required. If it is required,a narrative of the project and alternatives,description of replacement mitigation,maps of converted areas and replacement land,and appraisal and environmental review documents will be provided to the Grants Manager. Kimley-Horn will summarize replacement land characteristics (location,type of recreational land,etc.)in the conversion request,but the identification of the legal requirements of land purchase or conversion,and development of deed restrictions,etc.for the replacement land will be considered extra work. Deliverables:Project Memorandum,Section(4)f Evaluation,and Section(6)f Evaluation as needed. Task 4—Stakeholder Engagement Stakeholder ownership will be inherent to the success of the Portland Avenue Improvement project. Therefore,widespread and ongoing stakeholder engagement will be necessary and will be incorporated into each task in this scope of services. The stakeholder engagement process will include three CI- C minKim ley-Horn and Associates,inc. Ms.Kristin Asher,August 26,2013,Pg.4 distinct elements: 1)stakeholder goal setting,2)stakeholder development of measures of effectiveness to meet the goals,and 3)stakeholder evaluation of project. The development of goals and measures of effectiveness will occur early in the preliminary design process,while the project evaluation will take place as part of the Task 6.1:Design Alternatives and Evaluation in order to calibrate the design to stakeholder expectations. Stakeholder engagement activities for this project will be coordinated with the stakeholder engagement activities for the City's 66th Street project,as appropriate. The following list identifies the key stakeholder groups and public engagement activities proposed. 4.1 Public Engagement Framework and Guiding Principles In collaboration with the PMT,Kimley-Horn will develop a draft and final public engagement framework and project goals and objectives. The public engagement framework will provide an outline of agency and public coordination efforts and the project goals and objectives will be used to calibrate the preliminary design process to stakeholder expectations. Together,these will provide the overall guiding principles for the project development process which will be documented in a technical memorandum. 4.2 Technical Advisory Committee(TAC) A Technical Advisory Committee(TAC)composed of technical staff from the City of Richfield,Hennepin County,MnDOT,and Metro Transit has been assembled to guide this project. It is anticipated that the TAC will meet three(3)times at critical milestones in order to provide technical input on issues and opportunities,review proposals and recommendations,and report back from their respective agencies. TAC meetings will be coordinated with the 66th Street project as appropriate. 4.3 Richfield Transportation Commission Meetings The Richfield Transportation Commission will be the policy-making body governing this project and will be responsible for hosting public meetings,consideration of study recommendations,and approving the preliminary design plans. Kimley-Horn will present at up to three(3) meetings with the Richfield Transportation Commission,at critical milestones throughout the process. Kimley-Horn will prepare necessary meeting materials.Transportation Commission meetings will be coordinated with the 66th Street project as appropriate. 4.4 Public Meetings Kimley-Horn will participate in up to three(3)public meetings hosted by the Richfield Transportation Commission. The purpose of these meetings will be to engage the public and agencies in the development of the project. The goal of the public meeting content and format will facilitate stakeholders through the preliminary design process with a direct feedback loop to the design team,ultimately leading to the development of a design concept calibrated to the unique viewpoint of each modal group and widely supported by stakeholders and users. Kimley-Hom will establish meeting locations,prepare up to 10 exhibits, 5 Cam'/1 Kimley-Horn IM and Associates,Inc. Ms.Kristin Asher,August 26,2013,Pg.5 provide meeting summaries,and provide technical staff necessary to facilitate the meetings. Up to three(3)Kimley-Horn staff representing relevant technical areas will be present at each public meeting. These public meetings may include information regarding the 66th Street project,in order to present the public with a unified plan for these major reconstruction projects. 4.5 Agency Coordination Kimley-Horn will provide ongoing coordination with agencies having jurisdiction in the project area. At a minimum,this coordination is expected to include meetings with Hennepin County,MnDOT,and Metro Transit. • Hennepin County is the public agency with jurisdiction over Portland Avenue and will ultimately be responsible for the approval of the design. Kimley-Horn will coordinate with Hennepin County to confirm that the preliminary design for Portland Avenue meets Hennepin County roadway design standards. • Portland Avenue is part of the MnDOT County State Aid Highway system. MnDOT also has jurisdiction over MN 62,I- 35W,and I-494 which are regional highways that have an impact on traffic patterns along Portland Avenue. Kimley-Horn will coordinate with MnDOT to confirm that the preliminary design meets MnDOT State Aid standards. • Portland Avenue has been identified as a planned Arterial Bus Rapid Transit(BRT)route by Metro Transit. Kimley-Horn will coordinate with Metro Transit to identify improvements along the corridor to support plans for implementation of Arterial BRT and to maintain/increase transit ridership. Kimley-Horn will hold up to six(6)agency coordination meetings as needed to discuss issues that arise during the public engagement and preliminary design phases. Kimley-Horn will be responsible for preparing meeting agendas,meeting summaries,and necessary exhibits to conduct the meetings. 4.6 Additional Stakeholder Meetings Kimley-Horn will meet with stakeholders along the project corridor as necessary. Anticipated stakeholders could include business groups, property owners,schools,park representatives,utilities, special interest groups,etc. It is estimated that a maximum of six(6)individual stakeholder meetings will be required. Kimley-Horn will establish meeting locations,prepare exhibits,provide meeting summaries,and provide technical staff necessary to facilitate the meetings. Up to two(2) Kimley-Horn staff will be present at each stakeholder meeting. 5G.-to C (� Kimley-Horn and Associates,Inc. Ms.Kristin Asher,August 26,2013,. Pg.6 4.7 Project Website A project website(hosted by the City)will be updated periodically throughout the preliminary design process(assume three updates)in order to inform stakeholders on upcoming public meetings,provide updates,and advise the public on key design considerations. Kimley- Horn will provide the City and/or County with initial website content and updates. It is assumed that the City or County will be responsible for website hosting. This will be a joint project website for the Portland Avenue and 66th Street projects,to present the public with a unified plan for these major reconstruction efforts. 4.8 Project Newsletters A total of three project newsletters(assume one-page,front and back) will be developed and distributed at critical project milestones,in order to inform stakeholders of upcoming public meetings,provide updates, and advise on key design considerations. It is anticipated that the newsletters will correspond with the schedule for the public meetings and also serve as the public meeting notifications. Kimley-Horn will provide print and electronic versions of the newsletter. It is assumed that the City will be responsible for distribution of the newsletter. The newsletters will cover both the Portland Avenue and 66th Street projects. Deliverables: Guiding Principles Technical Memorandum,Meeting Materials, Minutes/Summaries,Project Website and Updates,and Project Newsletters. Task 5—Traffic Study Kimley-Horn will complete a traffic study that will document the existing operations,design year operations,and safety issues.The segment of Portland Avenue from 73rd Street to the TH 62 westbound ramp intersection will be included in the analysis.The portion of Portland Avenue from 66th Street to TH 62 westbound ramps is included with this analysis,even though it is not scheduled for reconstruction,to determine the operations along this 4 lane portion of Portland Avenue as this is a key segment connecting into the freeway system.The traffic study will help confirm the proposed design of the project provides acceptable operations and assist in the evaluation of alternatives. 5.1 Data Collection The data collection effort will include collecting traffic counts of the vehicle mix(cars,trucks, bus), pedestrian,and bicycle movements at 6 intersections along the corridor(TH 62 westbound ramps,TH 62 eastbound ramps,64th Street,66th Street,70th Street and 73rd Street). The collection of the vehicle mix will be important in determining the design vehicle(most common vehicle on the route)and the control vehicle(largest vehicle the route can accommodate).Data will be collected over the AM peak period(ham to 9am)and the PM peak period (3pm to 6pm)during a normal working day. If available,the City's Miovision cameras will be utilized to collect data. Kimley-Horn and Associates,Inc. Ms.Kristin Asher,August 26,2613,Pg.7 In addition to the traffic count data,the following items will also be collected: • Posted speeds • Portland Avenue travel time within the project limits • Existing roadway geometric information(number of lanes, lane width,taper rates). The following items will be provided by the Owner: • Existing traffic signal plans of signalized intersections within the project limits to obtain signal phasing,timing and detector information. 5.2 Safety Analysis A safety analysis will be completed to document the intersection and segment crash rates and crash severity rates for the most recent 5 year period of available data.The rates will be compared with the Minnesota average crash rates for similar facilities,to statistically measure roadway safety,and identify specific locations that may warrant safety improvements.Additionally,the corridor will also be driven to identify perceived safety problems that may exist. Input from the public during the stakeholder engagement process may also be used to identify any safety concerns that may not be reflected in the crash data. 5.3 Traffic Operational Analysis Kimley-Horn will complete traffic operational analysis at the Portland Avenue/TH 62 westbound ramps,Portland Avenue/TH 62 eastbound ramps,Portland Avenue/64th Street,Portland Avenue/66th Street, Portland Avenue/70th Street,and Portland Avenue/73rd Street intersections. These intersections will be analyzed for existing year traffic volumes,no build(design year traffic volumes),and selected build alternative(design year traffic volumes)using Synchro/SimTraffic (Rodel for the Roundabout)for both the AM and PM peak hour.The existing year model will be validated based on observations made during site visits.Level of Service and delay will be determined along with average and 95t1i percentile queue lengths for existing conditions and the no build and build alternatives. The City will provide Kimley-Horn with the AM and PM peak hour traffic forecast volumes to use for the no build and build design year traffic operational analysis. The operational analysis for the build scenario will assist in the refinement of the roadway geometric design.Kimley-Horn will use the model outputs to determine what geometric and operational design elements need to be adjusted to achieve an acceptable geometric design and acceptable traffic operations. Deliverables: Technical Memoranda(assume 2)will be completed to document the existing operations analysis,design year build and no build traffic operations analysis,and crash analysis.Intersection Control Evaluations will be completed coin Kimley-Horn and Associates,'Inc. Ms.Kristin Asher,August 26,2013,Pg.8 for intersections(assume 2)with all-way stop,signalized,or roundabout control to determine the most appropriate intersection traffic control device Task 6—Preliminary Design The conceptual study as described in the Federal STP-UG funding application will be the basis for the preliminary design. Alternatives will be studied and vetted through the PMT as well as through the stakeholder engagement process. Decisions made throughout this process will be incorporated into the preliminary design. The preliminary design phase serves as the opportunity for stakeholders to provide critical input early in the project. At the conclusion of the preliminary design phase the design will be considered to be 30%complete. During this phase,it is assumed sufficient information is generated to define the final design of the identified improvements. Kimley-Horn will adhere to MnDOT State Aid criteria and submit a layout and cross sections for review. 6.1 Design Alternatives and Evaluation Kimley-Horn will develop and evaluate conceptual alternatives in concert with the stakeholder engagement process. It is estimated that a maximum of three(3)conceptual alternatives will be developed. A preferred alternative will be selected through a process which combines technical analysis and stakeholder input, as described under Task 4: Stakeholder Engagement. This process will be documented in an Alternative Evaluation Technical Memorandum. The preferred alternative will be used as the basis for preliminary design. 6.2 Preliminary Roadway Design The preliminary design will establish the overall roadway design to be utilized in the final construction documents. Preliminary design of the roadway elements includes: • Incorporating comments received during the stakeholder engagement and PMT evaluation • Establishing the final horizontal and vertical design • Completing preliminary cross-sections necessary to identify grading limits • Identify necessary permanent and temporary easements 63 Preliminary Public Utility Design 6.3.1 Kimley-Horn will meet with the City's Utility Supervisor to discuss the overall required improvements for sanitary sewer and watermain. We have assumed that existing sanitary sewer, waterrnain and services within the project corridor will be replaced with new material. The general locations of utilities will remain unchanged;however, it is assumed that some minor adjustments in location will occur. 5cn-dt ErinKimley-Horn and Associates,Inc. Ms.Kristin Asher,August 26,2013,Pg. 6.3.2 Kimley-Horn will meet with the City's Street Supervisor to establish a street lighting design along the project corridor adhering to the City's lighting policy. 6.3.3 Kimley-Horn will not complete a hydraulic assessment of the existing drainage system within the project corridor. The City will complete the hydraulic assessment and provide the information to Kimley-Horn. Kimley-Horn will meet with City staff to discuss known issues with storm drainage along the corridor and address them if possible. We have assumed that the existing drainage system will be replaced with similar sized structures and pipes as required along the project corridor. 6.4 Private Utility Coordination Kimley-Horn will meet with private utilities up to two(2)separate occasions during the preliminary design work. The meetings will be held to discuss the overall project improvements,schedule,utility conflicts, and overall project coordination. Kimley-Horn will prepare agendas, exhibits,and meeting minutes necessary to conduct the meetings. 6.5 Preliminary Engineer's Estimate of Probable Cost Kimley-Horn will develop an Engineer's Estimate of Probable Cost. Deliverables:Alternative Evaluation Technical Memorandum,Conceptual Alternative Layouts,Preliminary Roadway Design Layout,Cross-sections, Preliminary Public Utility Layout,and Engineer's Estimate of Probable Cost. Estimated Costs/Fee KHA will provide the Scope of Services identified above on an hourly labor fee plus expense basis. The following is a summary of our estimated fees and expenses. TASK 1—PROJECT MANAGEMENT $40,000 TASK 2—DATA COLLECTION $10,000 TASK 3—ENVIRONMENTAL DOCUMENTATION $40,000 TASK 4—STAKEHOLDER ENGAGEMENT $55,000 TASK 5—TRAFFIC STUDY $57,500 TASK 6—PRELIMINARY DESIGN $95,000 REIMBURSABLE EXPENSES $17,500 TOTAL $315,000 Labor fee will be billed according to our current standard hourly rate schedule. Reimbursable expenses(copy/printing charges,plotting,mileage,delivery charges,etc.)will be charged as an office expense at 6.0%of the labor fee. V" Kimley-Horn ®/ 1 and Associates,inc. Ms.Kristin Asher,August 26,2013,Pg.10 Schedule Kimley-Horn will begin the preliminary design work on September 4,2013 after City Council authorization. The preliminary design work is anticipated to be completed by March of 2014. This schedule was prepared to include reasonable allowances for review and approval times required by the City,Hennepin County,and other public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses,allowing for changes in the scope of the project requested by the City or for delays or other We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES,INC. C 4,611 William C.Klingbeil,P.E. 4,3-Horn,P.E. Project Manager r Vice President Copy: Project File AGENDA SECTION: CONSENT AGENDA ITEM# 5H REPORT# 172 MIAMI STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 10, 2013 REPORT PREPARED BY: ROBERT HINTGEN, UTILITY SUPERINTENDENT NAME,TITLE DEPARTMENT DIRECTOR REVIEW: ©/ 214 ATURE OTHER DEPARTMENT REVIEW: Er i REVIEWED BY CITY MANAGER: F ifamiesi witnY.A..r-datirf6a / ITEM FOR COUNCIL CONSIDERATION: Consideration of: 1. Award of contract for the Water Treatment Plant Soda Ash Feed System. 2. Authorization for the City Manager to approve contract changes under $50,000 without further City Council action. I. RECOMMENDED ACTION: By Motion: 1. Accept the bid minutes and tabulation and award contract for the Water Treatment Plant Soda Ash Feed System to Shank Constructors, Inc. in the amount of $402,050. 2. Approve the City Manager to approve contract changes under $50,000 without further City Council action. II. EXECUTIVE SUMMARY The Soda Ash Feed System Project was identified and approved in the City's 2013 Capital Improvement Program (CIP). Staff hired the consulting firm of Short Elliot Hendrickson, Inc. (SEH) to conduct a Raw Water Study. The study analyzed the 091013 SodaAshFeedSvstem hardness of the raw water from tests taken in 2004 - 2005 to tests taken in 2011; this comparison resulted in an overall raw water hardness increase of nearly 18%. The water treatment plant's current excess lime feed system can only soften the water to a certain point. The recommendation from the raw water study is to add soda ash to aid in the softening of the raw water. The Soda Ash Feed System will allow the water treatment plant to address this increased raw water hardness resulting in softer water. Soda ash has been used as a softening agent at the Water Plant in the past, so staff believes that the customers will not notice any change in the water except for the positive effects of softer water (such as a reduction in the amount of soap needed for cleaning). III. BASIS OF RECOMMENDATION A. BACKGROUND • The Soda Ash Feed System Project was identified and approved in the City's 2013 Capital Improvement Program (CIP) after completion of a Raw Water Study. Over the past few years the water coming out of the aquifer has gradually been getting harder. The current excess lime feed system can only soften the water to a certain point. The addition of Soda Ash will aid in the treatment of this harder water. • Plans and specifications were prepared by SHE and an advertisement for bids was published on June 13 and June 20 of 2013. On July 9, 2013, the City received four bids for the Soda Ash Feed Project. Two of the bids contained irregularities in the completion of the bid form and two of the bid forms were completed correctly. The apparent low bidder was one that contained irregularities. In addition, while the project was being advertised, staff was informed that one of the proposed manufacturers for one of the project alternates had filed for Chapter 11 bankruptcy. Due to the irregularities in the bids and the bankruptcy action, staff recommended the City exercise its right to reject all bids and rebid the project. • The bids were officially rejected at the July 23, 2013 City Council meeting. The project was re-advertised on August 1 and 8 of 2013, with the bid opening held on August 22, 2013. B. POLICY • A bid opening was held on August 22, 2013 in which Shank Constructors, Inc. was the lowest responsible bidder and is an established contractor that meets all of the City's requirements. C. CRITICAL TIMING ISSUES • The acceptance of the bid tabulation and award of the contract will allow the project to stay on schedule for an October 2013 start. 2 D. FINANCIAL • The Soda Ash Feed System project was approved in the 2013 budget (line item 51000-7350). The revised 2013 and proposed 2014 budgets reflect the updated numbers of$150,000 for 2013 and $237,500 for 2014. This project will start in 2013 and be completed in 2014. E. LEGAL • All contracts or purchases in excess of$50,000 require Council approval. • All contracts over $100,000 require sealed bids to be solicited by public notice. F. ENVIRONMENTAL CONSIDERATIONS • Water is an essential resource to the community and needs to be provided in a safe manner. IV. ALTERNATIVE RECOMMENDATION(S) • Council could reject all bids. It is, however, the opinion of staff that the bid submitted by the recommended contractor is reasonable and responsible. V. ATTACHMENTS • Bid tabulation worksheet from the August 22, 2013 bid opening. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 3 6H— 1 E—I H -uC)TJ 00* � � E. ' C * O ?7r,- CO CD -* i D) C) co m v v v * O _ 0'(D 03 P. „w„ O" -0 D O O (D aG p A W N � Oe Q O N C ,0.,• (� a (n D c -1 co O 3= �. () D a- m ' w m * CD CD O CD 0 77 so —rt 3 _. -(P, w CD :'F CDC (3p 7 N Q Cn Z co v rt Cn U)m (n I O a •o a '9 C `G 0-0 C/) C a I m m 3 3 �O n- (D =� 0.. O rt -0 3 M CD CS O 3 (Cp CD N v ° v fn CD , CD CD ,-r(n D SZ v 3, o IZ —«0 v =O (n Sv TI=C to CD c co D go D 7 C 5'c v 5 —Il v m 3- Q 3Ca- <- m N (D CO N C O CD' -0 Z Ct- 0 Q s? N ` DJ N CD O CO ca - (D — O (n p ..z:n_=0 0 C) N C1 g' cn sZ `< N� 5 3'U7 3 —1 O o c' 7K(n C_ �0 _ I -< 69 0 0- = vLC) Iv- n -h CD (D i > • -< z co yya COp �`< c�, fD Q C fv m v, CO �'C7 fl?(Q O W n • so C 00 0 0 Z m ° te a - CD 0) 0 OQ CD 71 cn tir N oo 00 0o 010 - (DO 0 . 40' - NCp r rn 0 v C2 Asp N ED - CD 3 =_ 92 w O "0 CD D pNO O "' CD 0 SZ 0O _C o m � Z s n m C Q to 0 SD 3 c� co N C p CD y j C C O < —1 CD CD Z W CD y y t v CD 0. (A N CO W -rte = 0) CD'-t O O O Z x n 90 �+ H CD O O O O O O („s Ix 7 �O CD Q N v (D CD C) WO O n) 3 Q m CT ..G 0 c co p c CT O O O V 3 0 0- m 0 a' s 0 ,C N z pN (/' m rn -4 cn Z + c <CD — -co Ch In cn N U) v) W O O o W "0e' O (D•CD () o •0 - CO 0 7 -s -O o 0 o w m = _I 0 „G P C'< c) 3 n 0 n = rf, O C z ■ AGENDA SECTION: CONSENT AGENDA ITEM# 5I REPORT# 173 STAFF REPORT cgte�d CITY COUNCIL MEETING SEPTEMBER 10, 2013 BETSY OSBORN, SUPPORT SERVICES REPORT PREPARED BY: DIVISION MANAGER e.----U L019 NAME,TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE OTHER DEPARTMENT REVIEW: 0 NI' il:_ SIG 01, RE A AP REVIEWED BY CITY MANAGER: FJ + / ITEM FOR COUNCIL CONSIDERATION: First reading of an ordinance relating to hoarding as a nuisance affecting public health. I. RECOMMENDED ACTION: By Motion: Approve the first reading of the attached ordinance relating to hoarding as a nuisance affecting public health. II. EXECUTIVE SUMMARY The City staff has seen a gradual increase in the number of"hoarding" or overcrowding situations in residential properties in the City. The City's code currently does not define overcrowding or "hoarding" on residential property, nor does it provide explicit authority to address these situations by abatement. Fortunately, to date, the city staff has been able to cooperatively work with residents to deal with instances that have arisen. The proposed ordinance defines "hoarding" as a nuisance affecting public health. In addition to providing a clear definition, the ordinance gives staff an additional tool to address and remedy these situations by abatement, if necessary, for the health and welfare of the residents of the City. III. BASIS OF RECOMMENDATION A. BACKGROUND 091013 Hoarding Ordinance • City staff has been dealing with the frustrating issue of trying to respond to "hoarding" type complaints without proper ordinance authority. After an annual review of potential code changes, the environmental health and code enforcement staff recommended adding language to the code that would provide clearer direction. Also, defining "hoarding" as a nuisance would give staff the ability to intervene and abate the problem in the event that there is not full cooperation or if there is an immediate public health concern. This code has also been reviewed by Community Development staff and Fire as a courtesy and they were fine with its contents. B. POLICY • Defining "hoarding" as nuisance affecting public health provides the city with authority to abate conditions that can adversely impact the health and welfare of residents. C. CRITICAL TIMING ISSUES • This action should be taken soon to give staff a tool to deal with this problem. D. FINANCIAL • There would be not real cost to the City as any action taken by staff would be assessed to the property owner. E. LEGAL • The City Attorney has worked with staff in drafting the proposed ordinance and will be available to answer any questions. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • The Council could choose not to amend the code to define "hoarding" as a nuisance affecting public health. V. ATTACHMENTS • Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A BILL NO. AN ORDINANCE DECLARING CONDITIONS RELATED TO HOARDING TO BE A PUBLIC NUISANCE; AMENDING SUBSECTION 925.01, SUBD. 2 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 925.01, subd. 2 of the Richfield City Code is amended to read as follows. Subd. 2. Public nuisances affecting health. The following are declared to be nuisances affecting public health: (a) exposed accumulations of decayed or unwholesome food or vegetable matter; (b) diseased animals running at large; (c) ponds or pools of stagnant water; (d) carcasses of animals not buried or destroyed within 24 hours after death; (e) accumulations of manure or rubbish; (f) privy vaults and garbage cans which are not rodent free or flytight, or which are so maintained as to constitute a health hazard, or to emit foul and disagreeable odors; t (g) the pollution of any public well or cistern, stream, lake, canal or body of water by sewerage, creamery or industrial wastes, or other substances; (h) poisonous plants including but not limited to poison ivy, poison oak, and ragweed, plants detrimental to health; any growth of weeds, grass, brush or other rank vegetation to a greater height than six inches on the average; and accumulations of dead weeds, grass or brush; (i) dense smoke, noxious fumes, gas or soot, or cinders in unreasonable quantities; 413569v1 CAH RCI60-3 a) offensive trades and businesses as defined by statute not licensed by the city board f health as provided by law; and (k) public exposure of persons having a contagious disease;_ and (I) overcrowding a room or portion of a dwelling with long-term storage of items, goods, or any material so as to prevent upkeep, maintenance, or regular housekeeping. A room may be considered overcrowded when storage covers an excessive amount of the floor area of a room, constitutes a potential excessive fire load, prevents access to windows or doors, prevents access to or obstructs mechanical systems or air movement, effectively eliminates use and access to required electrical devices, impedes access and movement of emergency personnel, blocks hallways, limits the operation of doors or provides pest harborage. Sec. 2. This Ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted this th day of September, 2013. By: Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 413569v1 CAH RC I60-3 AGENDA SECTION: CONSENT AGENDA ITEM# 5J REPORT# 174 STAFF REPORT ,-, cx, i CITY COUNCIL MEETING SEPTEMBER 10, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME,TII LI, DEPARTMENT DIRECTOR REVIEW: 121/(......ThkoLid Ira SIGNATURE OTHER DEPARTMENT REVIEW: El IA SIGNNATURI" REVIEWED BY CITY MANAGER: / ITEM FOR COUNCIL CONSIDERATION: First reading of an ordinance adopting lawn maintenance standards, allowing for maintained 1 prairie vegetation and declaring noxious weeds and inadequately maintained vegetation to be a public nuisance. I. RECOMMENDED ACTION: • By Motion: Approve the first reading of the attached ordinance relating to lawn maintenance and prairie vegetation and declaring noxious weeds and inadequately maintained vegetation a public nuisance. II. EXECUTIVE SUMMARY The City of Richfield wishes to acknowledge changes from traditional landscaping to other diverse types, such as the establishment of prairie and meadow plant vegetation. These changes have value and bring diversity and richness to our community. However, in order to protect the health and welfare of all residents, such changes in vegetation must be properly managed and maintained and the length of any transition period from traditional to non-traditional must be minimized. If left unaddressed, inadequately maintained vegetation can become aesthetically unpleasing and violate community standards. The proposed ordinance addresses these concerns by establishing maintenance standards and declaring noxious 091013 Prairie Grass ordinance weeds and inadequately maintained vegetation to be a public nuisance. Doing,so will give city staff the ability to address and abate conditions in the event that it becomes necessary. III. BASIS OF RECOMMENDATION A. BACKGROUND • Residents have displayed a growing interest in a variety of landscapes in the City, including more non-traditional landscaping, such as prairie grass and meadow vegetation. The City is supportive of these changes, provided there is an established process for the management and maintenance needed during landscape transitioning. Left unregulated, vegetation can become an eyesore in violation of community standards. The ordinance would allow the establishment of more non-traditional vegetation, as well as declare certain conditions to be a public nuisance. Staff is recommending adding these provisions to the public nuisance section of the City code so that they will have the authority to abate noncompliant conditions remaining after residents have been given notice and an opportunity to remedy violations. B. POLICY • Defining noxious weeds and inadequately maintained vegetation as a public nuisance provides the city with authority to abate conditions that can adversely impact the health and welfare of the residents. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • N/A E. LEGAL • The City Attorney has worked with staff in drafting the proposed ordinance and will be available to answer any questions. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could choose not to amend the code allowing for more non- traditional landscaping and establishing maintenance standards. V. ATTACHMENTS • • Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A 5s—1 BILL NO. AN ORDINANCE RELATING TO LAWN MAINTENANCE; ALLOWING MAINTAINED MEADOW/PRAIRIE VEGETATION; AND DECLARING NOXIOUS WEEDS AND INADEQUATELY MAINTAINED VEGETATION TO BE A PUBLIC NUISANCE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Section 925 of the Richfield City Code is amended by adding a new subsection 925.06 to read as follows: 925.06. Public Nuisance Special Provision: Lawn Maintenance. Subdivision 1. Preamble. The city council finds that there are a variety of landscapes in the city that add diversity and a richness to the quality of life. There are community expectations, however, that an area that has been disturbed, landscaped, or otherwise maintained, will continue to be maintained in a consistent manner. When vegetation in that area is not continually maintained, it becomes aesthetically unpleasing and violates community standards. Property that appears neglected may decrease the value of adjacent properties. In addition, if vegetation is not properly maintained, there may be the following adverse impacts on public health, safety, and welfare: a. undesirable vegetation such as common buckthorn, quackgrass, and more other weeds may invade and threat en to supplant other desirable vegetation; b. vegetation that causes allergic reactions, such as ragweed, may develop; and c. tall vegetation along driveways and public roads may impair visibility when entering or exiting public roads. The city council also finds that it is in the public interest to allow citizens to choose the type of landscaping on their properties and to make changes in that vegetation. As a protection for the larger community, however, this change in vegetation must be properly managed and maintained and the length of the transition period must be minimized. The council finds that the establishment of prairie and meadow plant communities is an acceptable landscape treatment in the city. This requires special consideration, however, because weeds will grow during the first few years of transition before the new vegetation predominates, resulting in an appearance of neglect. Therefore, the council finds that this type of vegetation is 409537v2 CAN RCI60-3 1 acceptable if it is properly maintained to shorten the transition period and if notice is given of the intended result. In contrast, the transition to trees and other woody species does not require special consideration because untended grass or weeds are not a necessary part of that transition period. Rather, the transition period is shortened by eliminating competition around the seedlings through such techniques as organic mulch. The city council enacts this subsection to balance the public interest in a variety of vegetation with the public need to ensure proper maintenance of that vegetation. The council finds that establishing a height limitation for certain vegetation is in the best interest of the public health, safety, and welfare as outlined above and is a reasonable maintenance standard. Subd. 2. Definitions. For purposes of this subsection the following words have the meanings specified below. a. "Meadow vegetation" means grasses and flowering broad-leaf plants that are native to, or adapted to, the state of Minnesota, and that are commonly found in meadow and prairie plant communities, except weeds. b. "Noxious weeds" are those plants so designated by the state of Minnesota under Minn. Stat. § 18.77, subd. 8. c. "Regularly cut" means mowing or otherwise cutting the vegetation so that it does not exceed six (6) inches in height. d. "Turf grasses" are grasses commonly used in regularly cut lawn areas, such as bluegrass, fescue and rye grass blends, and non-woody vegetation interspersed with them. e. "Weeds" include all noxious weeds, buffalobur, burdock, common cocklebur, crabgrass, dandelions, jimsonweed, quackgrass, common and giant ragweed, field sandbur, velvetleaf, and wild sunflower. Weeds also include anything that is horticulturally out of place. For example, a tree seedling is a weed in a vegetable garden, in a gutter or near near the foundation of a house or garage. A property owner may establish that a plant or plants are not horticulturally out of place by providing a written landscape plan for the area in question, complete with a listing and locations of plant species. The plants specifically listed above may not be included within the landscape plan. Vegetation that does not comply with this plan are weeds. Subd. 3. Maintenance standard. The maintenance standard in this subsection applies to property that has been developed with a building as defined in the building code, including vacant property combined with developed property for tax purposes, and a parcel of property that has been completely or 409537v2 CAH RC160-3 2 partially disturbed by demolition, grading or other means in preparation for development or redevelopment. a. All turf grasses and weeds, including weeds within a meadow vegetation area, must not exceed a height of six (6) inches, measured from the base at ground level to the tip of each stalk, stem, blade, or leaf. b. This requirement does not apply to the following: (1) a wetland or floodplain designated in the zoning ordinance and required wetland buffers or those voluntarily created by a land owner when compatible with the character of the neighborhood and the intent of the wetland protection ordinance, Section 427 of this code; (2) a drainage pond or ditch that stores or conveys stormwater; (3) the Woodlake Nature Center; (4) an area in which the land and vegetation appears not to have been graded, landscaped, mowed, or otherwise disturbed by human or mechanical means at any time. Determination of what constitutes this type of area will be based on a reasonable judgment of the present appearance of the area. The recent history of the area may be relevant to this determination; and (5) an area established with meadow vegetation if: (a) the prior vegetation is eliminated and the meadow vegetation is planted through transplanting or seed by human or mechanical means; and (b) a sign is posted on the property in a location likely to be seen by the public, advising that a meadow or prairie is being established. This sign is required only if the meadow vegetation is in an area likely to be seen by the public. This sign must be in addition to any sign permitted by the sign ordinance but must be no smaller than ten inches square, no larger than one square foot, and no higher than three feet tall. Subd. 4. Declaration of public nuisance. The following are public nuisances subject to abatement under this section: a. noxious weeds; b. vegetation that does not meet the maintenance standard specified in subdivision 3 above; and 409537v2 CAH RC160-3 3 c. vegetation that violates the sight-distance standards in subsection 925.01, subdivision 4(a) of this code. Sec. 2. This Ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted this th of September, 2013. By: Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 409537v2 CAH RC 160-3 4 AGENDA SECTION: CONSENT AGENDA ITEM# 5K REPORT# 175 STAFF REPORT �GC46.., CITY COUNCIL MEETING SEPTEMBER 10, 2013 REPORT PREPARED BY: MARY TIETJEN, CITY ATTORNEY NAME, T/% DEPARTMENT DIRECTOR REVIEW: Ei )tilULLS4 IGNAl'(llili OTHER DEPARTMENT REVIEW: N t A REVIEWED BY CITY MANAGER: AIM ITEM FOR COUNCIL CONSIDERATION: First reading of an ordinance relating to tobacco and regulation of nicotine or lobelia delivery devices and establishing additional penalties for noncompliance. I. RECOMMENDED ACTION: • By Motion: Approve the first reading of the attached ordinance relating to tobacco and regulation of nicotine or lobelia delivery devices and establishing additional penalties for noncompliance. II. EXECUTIVE SUMMARY Electronic nicotine delivery systems, more commonly known as "electronic cigarettes" or "e-cigarettes", are quickly gaining popularity. E-cigarettes consist of battery-powered heating elements and replaceable cartridges that contain nicotine or other chemicals, and an atomizer that, when heated, converts the contents of the cartridge into a vapor that the user inhales. There is some debate about the safety of these products, but it is safe to say that further scientific study is needed to confirm the potential health risks associated with e-cigarettes. Although e- cigarettes are "smokeless", they are subject to regulation as "tobacco products". Therefore, cities may regulate the sale of e-cigarettes in the same way that they regulate the sale of traditional tobacco products. This includes, for example, 091013 Tobacco prohibiting the sale of e-cigarettes to minors, requiring that they be kept behind the counter in retail establishments, and subjecting establishments to licensing and compliance checks. The proposed ordinance amends the City's current tobacco regulations to include "nicotine or lobelia delivery devices" and subjects e-cigarettes to the same regulations placed on tobacco sales within the City, including licensing. In addition to addressing e-cigarettes, the proposed ordinance would amend the code to reduce a fine associated with a tobacco license violation if the licensee appears before the City Council, as required by the code. In addition, the ordinance would give the Council the discretion to increase a suspension or a fine if a licensee fails to comply with a suspension or revocation notice. III. BASIS OF RECOMMENDATION A. BACKGROUND • City staff recently received information from a company that is proposing to open an "E-Cigarette Lounge" in the City. The company wishes to establish a business that includes an area where customers can use free Wi-Fi, buy coffee and relax in an environment where e- cigarettes may be used. After learning of this business proposal, staff reviewed the city code and concluded that e-cigarettes are not covered in the city's current tobacco regulations. Because of the unknown risks that may be associated with e-cigarettes, staff believes it would be prudent to regulate sales of the product, including licensing and a prohibition on sales to minors. B. POLICY • The City has authority to regulate the sale of e-cigarettes in the same manner as traditional tobacco products. C. CRITICAL TIMING ISSUES • Although there is no specific deadline, the e-cigarette lounge wishes to be licensed and able to open for business as soon as possible. D. FINANCIAL • N/A E. LEGAL • The City Attorney drafted the proposed ordinance and will be available to answer any questions. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could choose not to regulate e-cigarettes. V. ATTACHMENTS • Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A b K- BILL NO. AN ORDINANCE AMENDING SECTION 1146 OF THE CITY CODE PERTAINING TO TOBACCO AND REGULATION OF NICOTINE OR LOBELIA DELIVERY DEVICES THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 1146.01 of the Richfield City Code is amended as follows: 1146.01. Purpose. The Richfield City council recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco:related devices, and nicotine or lobelia delivery devices and that such sales, possession, and use are violations of both State and Federal laws. Studies have shown that most smokers begin smoking before they reach the age of 18 years and that those persons have been shown to have several serious health problems which subsequently place a financial burden on all levels of government. This section shall-lads intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco : related devices, and nicotine or lobelia delivery devices, for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco-related devices, and nicotine or lobelia delivery devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Minn. Stat. 144.391. Sec. 2. Subsection 1146.03 of the Richfield City Code is amended as follows: 1146.03. Definitions. Subdivision 1. For the purposes of this section, the terms defined in this subsection have the following meanings given them: Subd. 2. Tobacco or tobacco products. "Tobacco products" shall mean any cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; smoking. Tobacco or tobacco products. Any substance or item containing tobacco leaf, including but not limited to cigarettes, and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any 430672v2 MDT RC160-3 1 component, part, or accessory of a tobacco product; cigars, pipe tobacco, snuff, fine cut or other chewing tobacco, cheroots, stogies, perique, granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco, snuff flowers, cavendish, shorts, plug and twist tobaccos, dipping tobaccos, refuse scraps, clippings, cuttings, and sweepings of tobacco, and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing or smoking. This term excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. Subd. 3. Tobacco-related devices. "Tobacco related devices" shall mean any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, or smoking of tobacco or tobacco products. Subd. 4. Self-service merchandising. "Self-service merchandising" shall mean open displays of tobacco, tobacco products, OF tobacco:related devices, or nicotine or lobelia delivery devices, in any manner where any person shall havchas access to the tobacco, tobacco products or-tobacco:related devices, or nicotine or lobelia delivery devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entails the actual physical exchange of the tobacco, tobacco product, or tobacco:related device, or nicotine or lobelia delivery devices, between the customer and the licensee or employee. Self- service merchandising shall not include vending machines. Subd. 5. Vending machine. "Vending machine" shall mean any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, of tobacco:related devices, or nicotine or lobelia delivery devices, upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, e-r tobacco:related device, or nicotine or lobelia delivery devices. Subd. 6. Loosies. "Loosies" shall mean the common term used to refer to a single or individually_packaged cigarette. Subd. 7. Minor. "Minor" shall mean any person who has not yet reached the age of 18 years. Subd. 8. Retail establishment. "Retail establishment" shall mean any place of business where tobacco, tobacco products or-tobacco related devices, or nicotine or lobelia delivery devices, are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, and restaurants. Subd. 9. Moveable place of business. "Moveable place of business" shall mean motorized vehicles, mobile sales kiosks, kiosks, trailers or other structure or 430672v2 MDT RCI60-3 2 5K - 3 equipment not permanently attached to the ground operated in an establishment licens-e - -- - - _ -_ : :: - - •= -- - - •"• licensed premises. Subd. 10. Sale. A "sale" shall mean any transfer of goods for money, trade, barter, or other consideration. Subd. 11. Compliance checks. "Compliance checks" shall mean the system the City of Richfield uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco:related devices, and nicotine or lobelia delivery devices, are following and complying with the requirements of this section. Compliance checks shall involve the use of minors as authorized by this section to attempt to purchase tobacco, tobacco products, or tobacco:related devices, and nicotine or lobelia delivery devices, for educational, research and training purposes as authorized by State and Federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate Federal, State or local laws and regulations relating to tobacco, tobacco products, and tobacco:related devices, and nicotine or lobelia delivery devices. Sec. 3. Subsection 1146.05 of the Richfield City Code is amended as follows: 1146.05. Sale and distribution of tobacco. Subdivision 1. License required. No person or establishment shall sell or offer to sell any tobacco, tobacco products, or-tobacco-related devices, or nicotine or lobelia delivery devices, without first having obtained a license to do so from the City of Richfield. All licenses issued under this section shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid. Subd. 2. Application. An application for a license to sell tobacco, tobacco products, Of tobacco:related devices, or nicotine or lobelia delivery devices, shall be made on a form provided by the Public Safety Director or the Public Safety Director's designee. The fee shall accompany the application. The application shall be reviewed and action taken on it by either the Public Safety Director or the Director's designee. Subd. 3. Action. The Public Safety Director or the Public Safety Director's designee may either approve or deny the license, or may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the Public Safety Director or the Public Safety Director's designee denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the decision. Subd. 4. License term. All licenses shall expire on December 31 of the year in which the license is issued. The annual license fee will not be prorated. 430672v2 MDT RC160-3 3 �V -1 Subd. 5. Denial, revocation or suspension. A license under this section may be denied, suspended or revoked by the council, after an investigation and public hearing where the licensee is granted the opportunity to be heard, for one (1) or more of the following reasons: (a) The operation of the business is in conflict with any provision of this code. (b) The operation of the business is in conflict with any health, fire, building, building maintenance, zoning, or any other applicable codes or laws. (c) The applicant or licensee has failed to comply with one (1) or more provisions of this section or any statute, rule or ordinance pertaining to the sale of tobacco, tobacco products, or any tobacco:related device or nicotine or lobelia delivery devices. (d) The applicant has committed fraud, misrepresentation or bribery in securing or renewing a license. (e) The owner of the premises licensed or to be licensed would not qualify for a license under the terms of this section. (f) The applicant is under the age of 18 years. (g) The applicant has been convicted within the past five (5) years of any violation of a Federal, State, or local law ordinance provision, or other regulation relating to tobacco, tobacco products, or-tobacco_related devices, or nicotine or lobelia delivery devices. (h) The applicant has had a license to sell tobacco, tobacco products, e-r tobacco:related devices, or nicotine or lobelia delivery devices, revoked within the 12 months preceding the date of application. (i) The applicant is prohibited by Federal, State, or other local law, ordinance, or other regulation, from holding such a license. Subd. 6. Moveable place of business. No license shall be issued to a moveable place of business. Only a fixed location business shall be eligible to be licensed under this section. Subd. 7. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. Subd. 8. Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. Subd. 9. Employee training. The applicant must provide proof that an employee training program on tobacco sales has been provided during the license year by submitting records supporting that training at the time of their license renewal each year. 430672v2 MDT RC160-3 4 Sec. 4. Subsection 1146.09 of the Richfield City Code is amended as follows: 1146.09. Prohibited sales. It shall be a violation of this section for any person to sell or offer to sell any tobacco, tobacco product, of tobacco:related device, or nicotine or lobelia delivery devices: (a) To any person under the age of 18 years. (b) By anyone under the age of 18 years. (c) By means of any type of vending machine. (d) By means of self-service merchandising. (e) By means of loosies. (f) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. (g) By any other means prohibited by Federal, State, or other local law, ordinance provision, or other regulation. Sec. 5. Subsection 1146.11 of the Richfield City Code is amended as follows: 1146.11. Vending machines. It shall be unlawful for any person licensed under this section to allow the sale of tobacco, tobacco products, er-tobacco_related devices, or nicotine or lobelia delivery devices, by the means of a vending machine. Sec. 6. Subsection 1146.13 of the Richfield City Code is amended as follows: 1146.13. Self-service sales. It shall be unlawful for a licensee under this section to allow the sale of tobacco, tobacco products, Of tobacco:related devices, or nicotine or lobelia delivery devices, by any means whereby the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, ewe tobacco:related device or nicotine or lobelia delivery devices, between the licensee or licensee's Clerkemployee and the customer. All tobacco, tobacco products, and tobacco:related devices, and nicotine or lobelia delivery devices, shall either be stored behind a counter or other area not freely accessible to customers. Any retailer selling tobacco, tobacco products, of tobacco:related devices, or nicotine or lobelia delivery devices, at the time this section is adepfedamended shall comply with this section within 30 days of the passage of this sectionthe amendments. A license holder who operates an establishment or fully 430672v2 MDT RC160-3 5 enclosed portion of an establishment that sells at least 90 percent of its products in tobacco, or tobacco related products, tobacco-related devices, or nicotine or lobelia delivery devices, is exempt from the self-service merchandising provision if the license holder prohibits anyone under 18 years of age from entering the establishment or fully enclosed portion of an establishment and the license holder conspicuously displays a notice prohibiting persons under 18 years of age from entering the establishment. Sec. 7. Subsection 1146.15 of the Richfield City Code is amended as follows: 1146.15. Responsibility. All licensees under this section shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, Of tobacco-related devices, or nicotine or lobelia delivery devices} on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the City from also subjecting the Clcrkemployee to whatever penalties are appropriate under this section, State or Federal law, or other applicable law or regulation. Sec. 8. Subsection 1146.17 of the Richfield City Code is amended as follows: 1146.17. Compliance checks and inspections. All licensed premises shall be open to inspection by Richfield law enforcement or other authorized City officials during regular business hours. From time to time, but at least once per year, the City shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of 15 years, to enter the licensed premise to attempt to purchase tobacco, tobacco products,-of tobacco: related devices, or nicotine or lobelia delivery devices. Minors used for the purpose of compliance checks shall be supervised by the Public Safety Director or the Public safety Director's designee. Minors used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco products, Of tobacco-.related devices, or nicotine or lobelia delivery devices, when such items are obtained or attempted to be obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age, asked by the licensee or licensee's employee and shall produce any identification, if any exists, for which the minor is asked.. Nothing in this subdivision shall prohibit compliance checks authorized by State or Federal laws for educational, research, or training purposes, or required for the enforcement of a particular State or Federal law. 430672v2 MDT RC160-3 6 �JI ` Sec. 9. Subsection 1146.03 of the Richfield City Code is amended as follows: 1146.19. Other illegal acts. Subdivision 1. Unless otherwise provided, the following acts shall be a violation of this section. Subd. 2. Illegal sales. It shall be a violation of this section for any person to sell or otherwise provide any tobacco, tobacco products, e- tobacco=related devices or nicotine or lobelia delivery devices, to any minor. Subd. 3. Illegal possession. It shall be a violation of this section for any minor to have in their possession any tobacco, tobacco product, ar-tobacco_related device or nicotine or lobelia delivery devices. This subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 4. Illegal use. It shall be a violation of this section for any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product, ectobacco_related device, or nicotine or lobelia delivery devices. Subd. 5. Illegal procurement. It shall be a violation of this section for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco products, er-tobacco=related devices, or nicotine or lobelia delivery devices, and it shall be a violation of this section for any person to purchase or otherwise obtain such items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, Of tobacco=related device, or nicotine or lobelia delivery devices. This subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 6. Use of false identification. It shall be a violation of this section for any minor to attempt to disguise their true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Sec. 10. Subsection 1146.23 of the Richfield City Code is amended as follows: 1146.23. Penalties. Subdivision 1. Licensees. Any licensee found to have violated this section, or whose employee shall have violated this section, shall be charged an administrative fee as follows: (a) First violation. $200.00 fine with no suspension. 430672v2 MDT RC160-3 7 (b) Second violation. If within 24 months of the first violation, $400.00 $500.00 fine with a two (2) day suspension mandate-1,y). If outside of 24 months of the first violation, it will be counted as a first violation. (c) Third violation. If within 24 months of the second violation, $600-.09 $700.00 fine with a seven (7) day suspension (Council app arancc mandatory). If outside of 24 months of the second violation, it will be counted as a second violation. (d) Fourth violation. If within 24 months of the third violation, $1,000.00 fine with a suspension of up to 60 days, with the option to revoke the license - - - • - e e-- - • .- ••. - - e . If outside of 24 months of the third violation, it will be counted as a third violation. When a license is revoked, one (1) year's time must elapse from the date of revocation before the establishment is eligible to reapply for a tobacco license. (e) Step Back Option. The City's disciplinary penalties include a "step back" option as an incentive for licensed establishments. Under the "step back" option, each time an establishment passes two (2) consecutive compliance checks, the establishment is deemed to have "stepped back" one (1) violation level. For example, if an establishment has had a total of three (3) violations but successfully passes two (2) consecutive compliance checks after the third violation, the establishment "steps back" one (1) level to the second violation level; if a subsequent violation were to occur, the penalty would be imposed as if it were a third violation rather than a fourth violation. Each step back requires two (2) new consecutive successful compliance checks. (f) Council Appearance and Fine Reduction. A licensee must appear before the City Council after a second, third, or fourth violation. Upon such appearance, the Council will reduce the applicable fine by $100.00. • Penalt for Noncom•liance. If a licensee fails to com.l with a suspension or revocation notice, the Council may increase the suspension or the fine, or both, at its discretion. Subd. 2. Other individuals. Individuals, other than licensees regulated by subdivision 1 of this subsection, found to be in violation of this section shall be charged an administrative fee of $100.00. Subd. 3. Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, OF tobacco:related devices, or nicotine or lobelia delivery devices, shall be given the option of participating in a diversion program rather than paying the violation fine. Subd. 4. Misdemeanor. Nothing in this subsection shall prohibit the City from seeking prosecution as a misdemeanor for any violation of this section. 430672v2 MDT RC160-3 8 -q Sec. 11. Subsection 1146.25 of the Richfield City Code is amended as follows: 1146.25. Exceptions and defenses. Subdivision 1. Nothing in this ordinance shall prevent the provision of tobacco, tobacco products, or-tobacco:related devices, or nicotine or lobelia delivery devices, to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. Subd. 2. It shall be an affirmative defense to the violation of this section for a person to have reasonably relied on proof of age as described by State law. Subd. 3. It shall be a defense to a violation of the section that a licensee did not intentionally aid, advise, hire, counsel or conspire with another to sell tobacco to minors or otherwise procure the sale of tobacco to minors. Sec. 12. This Ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted this of , 2013. By: Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 430672v2 MDT RCI60-3 9 AGENDA SECTION: CONSENT AGENDA ITEM# 5L REPORT# 176 STAFF REPORT • •G�' CITY COUNCIL MEETING SEPTEMBER 10, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: ❑ 110/1--ILAM SIGNATURE OTHER DEPARTMENT REVIEW: El NI AI 41 r REVIEWED BY CITY MANAGER: I A4 f ITEM FOR COUNCIL CONSIDERATION: Consideration of a request to approve the temporary expansion of the licensed premises for Lariat Lanes, located at 6320 Penn Ave. S., to allow for the outside service of strong beer on September 15, 2013, in connection with Richfield's Open Streets at Penn Fest event. I. RECOMMENDED ACTION: By Motion: Approve the request for a temporary expansion of the licensed premises for Lariat Lanes, located at 6320 Penn Ave. S., to allow for the outside service of strong beer on September 15, 2013, in connection with Richfield's Open Streets at Penn Fest event. II. EXECUTIVE SUMMARY On August 07, 2013, Lariat Lanes requested permission to serve strong beer outside in the parking lot area of their licensed establishment in connection with Richfield's Open Streets at Penn Fest event. While Lariat Lanes is currently licensed to sell wine and beer, their license is only valid for the interior area of their business and does not allow for outside service of alcohol. • This request for a temporary expansion of the licensed premises for Lariat Lanes would allow for the service of strong beer ONLY, and would be valid only on September 15, 2013, from 12:00 (noon) to 5:00 p.m. during the City of Richfield's 091013 Lariat Lanes Temporary Expansion Request Open Streets at Penn Fest event. All required information and documents have been provided. All required licensing fees have been paid. III. BASIS OF RECOMMENDATION A. BACKGROUND City staff brought this request before the city attorney last year and based on State Statute 340A.410, Subd. 7., the City of Richfield has the authority for Council to approve an expansion of the licensed premises for a period of time to allow for service in the exterior parking area, providing the following requirements are met. • Provide city staff with a drawing of the parking area showing how they will contain folks so that no one is walking out into the street with alcohol or onto other neighboring properties. • A written narrative that speaks to how they will control the flow of patrons as well as have a system in place to assure that underage youth will not be able to access alcohol through the beer truck or through another legally aged patron. • Submit proof of liquor liability insurance covering the exterior of the premises with the City of Richfield listed as an additional insured. The required drawing and narrative were submitted August 07, 2013, and reviewed by staff, as well as the certificate of liability insurance to cover both Lariat Lanes and the City of Richfield for this event only. The City has previously granted this license to Lariat Lanes for the Richfield's Open Streets at Penn Fest event. B. POLICY • Richfield City Code Section 1202 requires owners of liquor license establishments to comply with all of the provisions of both City Code and State Statutes. • Minn. Stat. 340A.410, Subd. 7 states that a licensing authority may issue a retail alcoholic beverage license only for a space that is compact and contiguous and that the retail alcoholic beverage license is only effective for the licensed premises specified in the approved license application which in this case is the interior of their business only. As a result, the city attorney has advised staff that Council would need to approve of an expansion beyond the interior of their walls. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • N/A E. LEGAL • The city attorney has reviewed this issue. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Deny the request for the temporary expansion of the licensed premises for Lariat Lanes. This would mean that the applicant would not be able to serve strong beer outside in the parking lot area of their establishment during the City of Richfield's Open Streets at Penn Fest Event. However, based on Minn. Statute 340a.410, Subd 7., there doesn't appear to be any reason to deny the temporary expansion request. V. ATTACHMENTS • Lariat Lanes — Certificate of Liability Insurance • Drawing and narrative VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Lariat Lanes Staff � � DATE(tvMUtt,,,, �C� CERTIFICATE OF LIAE3ILITY CC THE S UPON T CERTIFICATE BY THE HOLDER. THIS INFORMATION ONLY AND CONFERS N© RIGHTS UPON THE, GERTIF{CATE HOLDER• TI{l �./ AUTHORIZED THIS CERTIFICATE {S NOT AFFIRMATIVELY A MATTER +3F INFORM RANGE~ DOES NOT CONSTITUTE A C©NTRACT BETWEEN THE ISSUING INSURERS) AU subject to CERTIFICATE DDES NQT RA OR oes NO C AMEND, EXTEND 4R ALTER IS BELOW. T CERTIFICATE OF 1 AND THE CERTIFICATE HOLDER. rights to the IMPORTANT: Ih OR PRODUCER, the policy(1es) must be endorsed. If SUBROGATIO rg IMPORTANT: if the certificate holder is ernta[n policies AmBy�SU ED, policy, require an endorsement. A statement on this certificate does not confer r 9 the terms and conditions of the pD y CO Q AC Cheryl GiJader g©w11ag certificate holder in lieu of such endorsemen s S. u . PHONE (641)423-0675 r, . 1.• PRODUCER - - _.- .I Esaal ctxeryl�edwarde-brarsdt.aoTU I ,Edwards 2007 - Brandt St & Associates Inc. •'r: NAtGrT 1 2007 - 4th street SW INSURER S AFFORDING COVERAGE 003 I3 IA 50401 INSURER A;Illinois Caaualt Mason city INBU.eRa: T INSURER Powers 6t Aassoc., I SURER C: Lariat Lanes, DBA: John N. IN&URERD 16320 Penn. Avenue So. ;r. 55423 REVISION NUMBER: CERS CL138603844 COVERAGES THS TO CERTIFICATE NUMBER: NDITION OF ANY CONTRACT OR OTHER DOCUMENT HEREIN IS SUBJECT RESPECT TO TERMS - THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS CA E MAY INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CERTIFICATE MAY O ITION OR MAY PERTAIN. THE INSURANCE AFFORDED HAVE BEEN REDUCED�FEFi DESCRIBED UM/TS- t EXCLUSIONS AND CONDITIONS OF SUCH POLICIES D I R LIMITS SHOWN MAY HAVE — BY PAID CO CMS' 1N5R ,.L., POLIO NU-eBF.R EACH OCCURRENCE 3 LTR TYPE OF INSURANCE D A-Z c TL-D:r I GENERAL LIABILITY $ COMMERCIAL GENERAL LIABILITY MED EXP(An orla �u $ CLAIMS-MADE F----1 OCCUR PERS(N,AL B ADV INJURY $ PRODUCTS•COMP/OP AGG $ { P -- S GEM.AGGREGATE UNIT APPLIES PER: C B NED INGLE LIMIT ill U POI BILE " LOC AUTOMOBILE LJABILnY ANY AUTO BODILY INJURY(Pet pennon) $ BODILY INJURY(Pot occdont; 3 ALL OWNED SCHEDULED PROPERTY DAMAGE g AUTOS AUTOS PR ERTY V AUTOS NED $ . . . HIRED AUTOS . AUTOS. EACH OCCURRENCE 3 UMBRELLA LIAR OCCUR LAIM AGGREGATE $ Excess LAB ■ CLAIMS-MADE 3 DED RETENTIONS 07H. WORKERS COMPENSATION - AND EMPLOYERS'LIABILITY Y/N E.L EACH ACCIDENT 3 ANY PROPRIETOR/PARTNER/EXECUTIVE PO A E.L DISEASE-EA EMPLOYEE: $ ..._ OFPICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.g1SEA5E-POUCY LIMIT S ��_. If y ro.dascribO Dolor DESCRIPTION OF OPERATIONS below 1/1/Z073 /1/2014 $5fle,DDOoa<ncammon cat) Liquor Liability LB7382 Bowling?DESCRIPTION center located at: 632i}A Penn Avenue So��Richfielr $f morn 54523.required) Bow g Insurance is extended to outdoor service area for ,City festival being held on Sept 15, 2013 from 11 am 5 pm. City of Richfield is an Additional Insured. CANCELLATION CERTIFICATE HOLDER I THEUEXPIRA EXPIRATION DATE VTHEREOF,THEREOF, NOTICE I WILL CANCELLED BE WILL 1 DELIVERED ERED ACCORDANCE UNTTH THE POLICY PROVISIONS. City of Richfield Attn: City Clerk AUTHORIZED REPRESENTATIVE 6700 Portland Avenue South Richfield, MN 55423 I r, Doug RUr11PJCHSR]'L �4 ©1988.2010 ACORD CORPORATION. All rights maser ACORD 25(2010100 _ __., ....Maowvard marks elf ACOR ' \ li 1 . ____ , , , \ 4- ?:),( Ar \- res- u.)‘\\ 9-e- CeALeJ 0 € t).)t:36.-1 Orailk_ i-eepAParrAr9 .PeA6Ac, ex,i-ra Stv.-ct u.s,\\ t C...05t-orroers C4rici i-- erksor,1 cd.oeqt'S fu.. tiir‘ beer Staf- (.)31 tr‘ ,g eaNce.6- o.cta i * ut.I.T.t5-t Noc".3. or sktuy%ft w,,' A \v., CyVIN, .-Cir• *te.02.104,4t:0'e i, j,t)e-'ai-5 2 1 + aA ic)9.47c—,, Ai- CV\0.4-3 44 oo oJv 1 ftuts 1 /\ - r - -j-- ---.' . - • ' l:k co(L) V, 4c_it ,/ G,..&0--c.v\. it) k-.:,irv,cx-Q_ j AGENDA SECTION: CONSENT AGENDA ITEM# 5M REPORT# 177 STAFF REPORT Gc�/;ee CITY COUNCIL MEETING SEPTEMBER 10, 2013 REPORT PREPARED BY: CHRISTIN�L COSTELLO,ECONOMIC DEVELOP NT COORDINATOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: - 4 1' f' SIGNATURE OTHER DEPARTMENT REVIEW: i I CAT it I/ REVIEWED BY CITY MANAGER: i rii 0 ,,,, ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for a Temporary Parking Lease Agreement for Richfield Bloomington Honda to use City-owned property at 7700 Pillsbury Avenue for employee parking. I. RECOMMENDED ACTION: By Motion: Recommend approval of a Temporary Parking Lease Agreement for Richfield Bloomington Honda to use City-owned property at 7700 Pillsbury Avenue for employee parking. II. EXECUTIVE SUMMARY The expansion plans of Richfield Bloomington Honda ("Honda") will require parking employee vehicles off-site while construction is underway. On July 9, 2013 Honda received unanimous City Council approval for an interim use permit to temporarily lease the City-owned property at 7700 Pillsbury Avenue for use as an employee parking lot. Parking as a standalone use is not permitted in any zoning district; therefore an interim use permit was required to allow this nonconforming use. As part of the interim use permit, a Temporary Parking Lease Agreement (Agreement) lying out the terms of the Agreement such as rent, maintenance, and insurance is required (attached). The Agreement calls for Honda to pay $8,160 per year for the use of the lot plus an up-front payment of$650 for reimbursement of costs relating to time expended by staff and the city attorney. 091013-Parking Lease RB Honda.docx III. BASIS OF RECOMMENDATION A. BACKGROUND • On July 9, 2013 the Council voted unanimously to approve an interim use permit to allow Richfield Bloomington Honda to use City-owned property for employee parking. • On June 25, 2013 the Council voted in unanimous support of a number of land use approvals related to Honda's expansion. • 7700 Pillsbury Avenue is a portion of the former City Maintenance Garage that is south of 77th Street. The property is currently vacant and no redevelopment plans are proposed at this time. B. POLICY • Staff recommended on July 9, 2013 the approval of a seven-month Interim Use Permit (IUP) effective August 1, 2013 and terminating on March 1, 2014. The IUP also includes two six-month extension options, to be granted at the discretion of the Community Development Director, and terminate no later than March 1, 2015. • Redevelopment interest in the property would be a possible reason to deny an extension. • The IUP requires Honda to clean up the lot of trash and vegetation and to ensure that any area used for parking is properly paved and striped. C. CRITICAL TIMING ISSUES • Honda asked that the effective start date of the Agreement be the date the Agreement is signed. D. FINANCIAL • Honda will pay the City $8,160 per year ($680 per month) as rent for parking on the property. • This rental amount is equal to or greater than the rates at which the City rents other property (e.g. portions of Lincoln Fields Park and several parking spaces at Richfield Wine and Spirits liquor store location). • Honda will also pay to the City a one-time fee of$650.00 relating to staff time and legal fees associated with drafting and executing the Agreement. E. LEGAL • The Agreement has been drafted and reviewed by the City Attorney. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Approve the attached Agreement with additional and/or amended stipulations. V. ATTACHMENTS • Temporary Parking Lease Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Tim Carter, Richfield Bloomington Honda 5 - I TEMPORARY PARKING LEASE AGREEMENT THIS TEMPORARY PARKING LEASE AGREEMENT (the "Agreement"), made as of this day of , 2013, by and between the CITY OF RICHFIELD, a municipal corporation under the laws of the State of Minnesota (the "City"), as Lessor, and RICHFIELD BLOOMINGTON HONDA("RBH"), as Lessee. RECITALS WHEREAS, the City is the owner of the real property described and depicted on Exhibit A and located at 7700 Pillsbury Avenue in the City of Richfield, Hennepin County, Minnesota (the "Parking Property"); and WHEREAS, the City has authority and desires to Lease to RBH, the Parking Property for temporary use as an employee parking lot; and WHEREAS, on July 9, 2013, the City approved an interim use permit ("IUP") for RBH to use the Parking Property as a parking facility subject to certain conditions; and WHEREAS, the City and RBH desire to further reduce to writing their agreement with respect to the lease of the Parking Property. NOW, THEREFORE, in consideration of the mutual covenants contained in this agreement, the receipt and sufficiency of which are acknowledged by the parties, the City and RBH agree as follows: 1. The Lease. Subject to the terms and provisions of this Agreement, the City leases to RBH the Parking Property located at 7700 Pillsbury Avenue in the city of Richfield, Minnesota and described and depicted on the attached Exhibit A. RBH accepts the Parking Property in "as is" condition. 2. Term. The term of this Agreement will commence on August 1, 2013 and expire on March 1, 2014 pursuant to the terms of the IUP. The City's Community Development Director has sole discretion to grant a maximum of two (2) six- month extensions of this Agreement, to expire no later than March 1, 2015. 3. Rent. RBH will pay to the City $8,160 per year ($680 per month) as rent for the Parking Property. 4. Staff Fees. RBH will pay to the City a one-time fee of$650.00 relating to staff time and legal fees associated with this Agreement. 5. Maintenance and Limits on Use. During the term of this Agreement, RBH shall repair and maintain the Parking Property, including but not limited to, sweeping and snowplowing, at its own expense. At the end of the term, RBH shall surrender the Parking Property to the City in the same state of repair as the 428457v3 MDT RC145-673 1 — a beginning of the term, with reasonable wear and tear excepted. RBH may use the Parking Property for parking purposes only and subject to all conditions of the IUP. 6. Assignment and Subletting. RBH shall have no right, without the City's prior written consent,to sublet the Parking Property, in whole or in part. 7. Insurance. RBH shall during the entire term of this Agreement keep in full force and effect a policy of liability and property damage insurance with respect to the Parking Property. The limits of liability shall be the same as the policy limits which RBH currently carries on RBH property. The Policy must name the City as an additional insured and shall contain a provision that the City will receive notice of any cancellation of the policy at least thirty (30) days in advance of the cancellation. 8. Indemnification. RBH shall at all times defend and indemnify the City, its agents, officials, and employees, against any and all claims or causes of action arising out of RBH's lease or use of the Parking Property. 9. Event of Default and Remedies. The failure of RBH to observe any term or condition of this Agreement shall be a default. Upon such default, the City shall have the option to terminate this Agreement after notifying RBH of the default and giving RBH 30 days to cure the default. If RBH fails to cure the default, then the City may terminate the Agreement and retake possession of the Parking Property. If the City terminates this Agreement, RBH must pay any remaining balance of rent, prorated to the last day of the month of termination. RBH must remove any fixtures or personal property by the termination date, or such fixtures or personal property shall become the property of the City. 10. Entire Agreement; amendment. Except for the terms of the IUP, this Agreement contains the entire agreement between the parties. There are no verbal understandings or agreements different from those stated in this Agreement. Any amendments or modifications to this Agreement must be in writing and signed by both parties. 11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 12. Waiver. In the event any provision contained in this Agreement is breached by either party and thereafter waived by the other party, such waiver is limited to the particular breach so waived and shall not be deemed to waive any other breach. 13. Severability. If any term of this Agreement is held invalid, illegal, or unenforceable, the validity of all other terms of this Agreement shall not be affected. 428457v3 MDT RC145-673 2 5M -3 14. Notices. Any communication under this Agreement must be sent by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to the following: To RBH: To City: City of Richfield Attn: John Stark 6700 Portland Avenue Richfield, MN 55423-2560 15. Counterparts. This Agreement may be signed in counterparts, each of which constitutes one and the same instrument. IN WITNESS WHEREOF, the parties have duly executed this Agreement on the date first stated above. RICHFIELD BLOOMINGTON HONDA: CITY OF RICHFIELD By: By: Its: City Manager Its: By: Its: Mayor 428457v3 MDT RC145-673 3 1 z .....< , ...._ . .. . .. : 5111- I,, q__ .,..,,,, • a 0113 -.:L• 1, ...... _ . i i . - =II • § " i . . -' - .. °(tat. 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Itk."_:.1v-.4-4,' '4Ptie-4,461‘i'WO '.1..Z'4- ig. ° ■■■1 , , AGENDA SECTION: CONSENT AGENDA ITEM# 5N REPORT# 178 STAFF REPORT RICH 1F1 © CITY COUNCIL MEETING SEPTEMBER 10, 2013 REPORT PREPARED BY: JIM TOPITZHOFER,RECREATION SERVICES DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 0 ' ` 6 SIGN URE OTHER DEPARTMENT REVIEW: 0 N/A, REVIEWED BY CITY MANAGER: C 40 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of the agreement with Wold Architects to perform professional services in the design of a locker room addition to the Ice Arena. I. RECOMMENDED ACTION: By Motion: Approve the attached agreement with Wold Architects to perform professional services in the design of a locker room addition to the Ice Arena, not to exceed $32,865 unless the City gives approval to expand the project. II. EXECUTIVE SUMMARY The Richfield Ice Arena has now become the home of Minnesota's newest Tier 2 Junior Hockey Team, the Minnesota Magicians. To remain financially viable, the team has to promote the sale of tickets to home games and attract large crowds. In order to accommodate the new team and larger crowds, a number of building improvements are needed at the Ice Arena including the construction of a dedicated locker room, weight training area, lobby expansion and exhibit area/classrooms. These improvements will not only benefit the Minnesota Magicians, but other users as well that require additional space for large events. At a study session on April 18, 2013, staff presented initial cost estimates for all the above improvements in the amount of$1,961,960 not including parking lot 0813 Temporary Beer License expansion in the event that building code determines we would need more parking to accommodate a larger crowd for games. Wold Architects has been working on a pre-design process for the project, including a closer look at engineering issues and specific needs of the Team to refine the cost estimated further. Their refined cost estimate for a locker room addition is $539,500 including design costs and 5% construction contingency, but not including furnishings. The cost for the remaining improvements was greater than anticipated and further pre-design work is necessary to keep the cost of improvements in line with the added revenue needed to finance the improvements. To accommodate the Teams immediate need for locker room facilities, staff recommends proceeding with the locker room addition only at this time. The cost of Wold's services to prepare plans, specifications and bidding documents and to supervise construction for the locker room addition is not to exceed $32,865 unless the City gives approval to expand the project. If approved, design of the project would be completed by October 15, 2013 with construction expected to begin November 15, 2013. III. BASIS OF RECOMMENDATION A. BACKGROUND • Staff presented a proposal at a study session on April 18, 1013, to consider making improvements to the Ice Arena to accommodate a Tier 2 Junior Hockey Team including a dedicated locker room, training center, classrooms and an expanded lobby. City Council directed staff to pursue the planning of these improvements and to obtain sponsors of bill allowing issuance of on-sale wine and malt liquor licenses for beverage sales at the Arena. • Wold Architects has been working on a pre-design process for the above improvements. The cost estimate for a locker room addition is $539,500 not including furnishings. The cost for the remaining improvements was greater than anticipated and further pre-design work is necessary to keep the cost of improvements in line with the added revenue needed to finance the improvements. • The funding source for the locker room addition would be from a fifteen year lease with the Minnesota Magicians. • The Minnesota Magicians have completed their team draft and have begun practices at the Richfield Ice Arena. Their first home game is scheduled on September 19, 2013. An ordinance amendment was approved by Council on August 28, 2013 to temporarily allow a properly licensed food establishment to sell 3.2 percent malt liquor at the Richfield Ice Arena until special legislation is enacted at the beginning of next year. Richfield Champps is in the process of applying for the proper license to serve food and beer at the Arena, effective October 5, 2013. • State Representative Linda Slocum agreed to sponsor and has introduced such a bill along with Senator Melissa Wicklund. The State of Minnesota Legislature will consider enacting this bill at their next legislative session to be held at the beginning of 2014. • The City has worked on a number of recent projects with Wold Architects including the Municipal Center and the Lyndale Liquor Store Renovation. Wold Architects designed the original Ice Arena some 40 years ago. B. POLICY • Under the City's Purchasing and Spending Authority Policy, all contracts from $25,000 to $100,000 must be approved by the City Council. C. CRITICAL TIMING ISSUES • The Minnesota Magician's first home game in Richfield is scheduled on September 19, 2013. Staff is requesting that the City Council approve this agreement in order to promptly proceed with the design phase of the locker room addition in order to begin construction in 2013. • Construction Schedule is as follows: October 15 Design, specifications and construction documents completed. October 15 Bid Advertisement November 5 Bid Opening November 12 Council consider award of contract. November 28 Construction Begins March 28 Construction Complete • Construction of the locker room addition can be done in a manner that will not impact the current use of the Ice Arena. D. FINANCIAL • At a study session on April 18, 2013, staff presented initial cost amount of 1 961 960 estimates for all the above improvements in the $ , p not including parking lot expansion in the event that building code determines we would need more parking to accommodate a larger crowd for games. Wold has been working on a pre-design process, including a closer look at engineering issues and specific needs of the Team to further refine the cost estimates. The cost estimate for a locker room addition only is $539,500 including design costs and 5% construction contingency, but not including furnishings. The cost for the remaining improvements was greater than anticipated and further pre-design work is necessary to keep the cost of improvements in line with the added revenue needed to finance the improvements • The proposed funding mechanism for the entire project is through the sale of a 15-year abatement bond. The bond would be paid back through a combination of a 15-year lease from the Minnesota Magicians, additional ice rental income associated with the training center and classrooms, and the special revenue fund (liquor store proceeds). E. LEGAL NNW • The City Attorney reviewed and prepared revisions to the agreement and has reviewed this staff report. F. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • Reject the agreement and delay the construction of the locker room addition. V. ATTACHMENTS • AIA Document B101 - 2007 Standard Form of Agreement Between Architect and Owner. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Michael Klass, Architect, Wold Architects. • Brandon Klement, Facilities Manager. 1 5N- 1 !AIA TM Document BIOITM - 2007 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Tenth day of September in the year Two Thousand and Thirteen (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Architect's client identified as the Owner: added information needed for its (Name, legal status, address and other information) completion.The author may also have revised the text of the original City of Richfield AIA standard form.An Additions and 6700 Portland Avenue South Deletions Report that notes added Richfield,Minnesota 55423 information as well as revisions to the standard form text is available from and the Architect: the author and should be reviewed.A (Name, legal status, address and other information) vertical line in the left margin of this document indicates where the author Wold Architects and Engineers has added necessary information 305 St.Peter Street and where the author has added to or Saint Paul,Minnesota 55102 deleted from the original AIA text. Telephone Number:651-227-7773 This document has important legal Fax Number:651-223-5646 consequences.Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name, location and detailed description) Richfield Ice Arena—2014 Locker Room Addition 636 E.66th Street Richfield,Minnesota 55423 Basic Contract Agreement for future projects agreed upon in writing by both parties. The Owner and Architect agree as follows. AIA Document B101 TM-2007(formerly B151 TM-1997).Copyright©1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights Init reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 1 this AIA'' Document,or any portion of it,may result in severe civil and criminal penalties,and will he prosecuted to the maximum extent possible under / the law.This document was produced by AlA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. User Notes: (1749235297) Ni TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT EXHIBIT A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Article 1 and in optional Exhibit A,Initial Information: (Complete Exhibit A,Initial Information, and incorporate it into the Agreement at Section 13.2, or state below Initial Information such as details of the Project's site and program, Owner's contractors and consultants,Architect's consultants, Owner's budget for the Cost of the Work, authorized representatives, anticipated procurement method, and other information relevant to the Project.) § 1.2 The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: Richfield Ice Arena 2014 Locker Room Addition—October 2013.Future projects to be determined. .2 Substantial Completion date: Richfield Ice Arena 2014 Locker Room Addition—January 2014.Future projects to be determined. § 1.3 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that such information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the schedule,the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. Init AIA Document B101",—2007(formerly B151 TM-1997).Copyright©1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This A€A Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 2 this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. User Notes: (1749235297) 5N �3 § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. §2.5 The Architect shall maintain the following insurance for the duration of this Agreement.If any of the requirements set forth below exceed the types and limits the Architect normally maintains,the Owner shall reimburse the Architect for any additional cost: (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.) .1 General Liability $1,000,000 per claim/$2,000,000 aggregate .2 Automobile Liability $1,000,000 per occurrence .3 Workers'Compensation Statutory .4 Professional Liability $1,000,000 per claim/$2,000,000 aggregate The Architect shall furnish proof of insurance confirming that it has procured the foregoing required insurance coverages prior to execution of this Agreement.Such proof shall also confirm that the insurer has agreed that it will not cancel the insurance without giving the Owner thirty(30)days advance written notice of its intent to cancel. The Architect shall likewise demand from its consultants proof of insurance meeting the foregoing requirements as a condition precedent to their engagement to perform services on the Project." ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural,mechanical,and electrical engineering services,civil engineer,cost estimating,consultant will be hired by Architect as services are required as part of Basic Services..Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services,consult with the Owner,research applicable design criteria,attend Project meetings,communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants.The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner's consultants.The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services.The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.The schedule shall include allowances for periods of time required for the Owner's review,for the performance of the AIA Document B101 TM-2007(formerly B151 TM—1997).Copyright©1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights !nit reserved.WARNING:This AIA`' Document is protected by U.tt,Copyright Law and International Treaties.Unauthorized reproduction or distribution of 3 this AIA` Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. User Notes: (1749235297) SIN) Owner's consultants,and for approval of submissions by authorities having jurisdiction over the Project.Once approved by the Owner,time limits established by the schedule shall not,except for reasonable cause,be exceeded by the Architect or Owner.With the Owner's approval,the Architect shall adjust the schedule,if necessary as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's approval. § 3.1.5 The Architect shall,at appropriate times,contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project.In designing the Project,the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 SCHEMATIC DESIGN PHASE SERVICES § 3.2.1 The Architect shall review the program and other information furnished by the Owner,and shall review laws, codes,and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program,schedule,budget for the Cost of the Work,Project site,and the proposed procurement or delivery method and other Initial Information,each in terms of the other,to ascertain the requirements of the Project.The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2)other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches if requested by Owner.The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project's requirements agreed upon with the Owner,the Architect shall prepare and present for the Owner's approval a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design Documents for the Owner's approval.The Schematic Design Documents shall consist of drawings and other documents including a site plan,if appropriate,and preliminary building plans,sections and elevations;and may include some combination of study models,perspective sketches,or digital modeling.Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider,if requested by the Owner,environmentally responsible design alternatives, such as material choices and building orientation,together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program,schedule and budget for the Cost of the Work.The Owner may obtain other environmentally responsible design services under Article 4. § 3.2.5.2 The Architect shall consider the value of alternative materials,building systems and equipment,together .with other considerations based on program and aesthetics,in developing a design for the Project that is consistent with the Owner's program,schedule and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner,and request the Owner's approval. § 3.3 DESIGN DEVELOPMENT PHASE SERVICES § 3.3.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design AIA Document B101 TM-2007(formerly B151"1—1997).Copyright®1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights !nit reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and international Treaties,Unauthorized reproduction or distribution of 4 this AIA` Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. User Notes: (1749235297) 5N-5 Development Documents for the Owner's approval.The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural,structural,mechanical and electrical systems,and such other elements as may be appropriate.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work. '§ 3.3.3 The Architect shall submit the Design Development documents to the Owner,advise the Owner of any adjustments to the estimate of the Cost of the Work,and request the Owner's approval. § 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES § 3.4.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work.The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information,including Shop Drawings,Product Data,Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents,the Architect shall assist the Owner in the development and preparation of(1)bidding and procurement information that describes the time,place and conditions of bidding,including bidding or proposal forms;(2)the form of agreement between the Owner and Contractor;and(3) the Conditions of the Contract for Construction(General,Supplementary and other Conditions).The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. § 3.4.4 The Architect shall update the estimate for the Cost of the Work. § 3.4.5 The Architect shall submit the Construction Documents to the Owner,advise the Owner of any adjustments to the estimate of the Cost of the Work,take any action required under Section 6.5,and request the Owner's approval. The Architect shall after consultation with the Owner be primarily responsible for the preparation of the necessary bidding information and bidding forms.The Architect shall also assist the owner in the preparation of the General Conditions of the Contract for Construction,and form of agreement between the Owner and Contractor.All bidding documents and contractual agreements shall be in compliance with the requirements of Minnesota's public bidding and contracting law as those laws apply to public entities. § 3.4.6 The Architect shall work with the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project.The Architect shall have the primary responsibility to complete the required documents and ensure that they are properly filed on behalf of the Owner.The Architect shall observe those applicable laws,statues,ordinances,codes,rules and regulations in force and publically announced as of the date of this agreement or as of the date of subsequent compensation amendments whichever is the latter. § 3.4.7 Owner understands that relatively few guidelines are available with respect to compliance with Americans with Disabilities Act(ADA).Architect is aware of developments in this field,including ADA guidelines that are incorporated in the building code,and legal decisions,but cannot guarantee or warrant that Architect's opinion of appropriate compliance measures will be found valid. AIA Document B101 TM-2007(formerly 8151 TM-1997).Copyright©1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights !nit reserved.WARNING:This AlA`'Document is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of 5 this:MA- Document,or any portion of it.may result in severe civil and criminal penalties,and will he prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. User Notes: (1749235297) sisst § 3.5 BIDDING OR NEGOTIATION PHASE SERVICES § 3.5.1 GENERAL The Architect shall assist the Owner in establishing a list of prospective contractors.Following the Owner's approval of the Construction Documents,the Architect shall assist the Owner in(1)obtaining either competitive bids or negotiated proposals;(2)confirming responsiveness of bids or proposals;(3)determining the successful bid or proposal,if any;and,(4)awarding and preparing contracts for construction. § 3.5.2 COMPETITIVE BIDDING § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by .1 procuring the reproduction of Bidding Documents for distribution to prospective bidders; .2 distributing the Bidding Documents to prospective bidders,requesting their return upon completion of the bidding process,and maintaining a log of distribution and retrieval and of the amounts of deposits, if any,received from and returned to prospective bidders; .3 organizing and conducting a pre-bid conference for prospective bidders,if requested by Owner; .4 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda;and .5 organizing and conducting the opening of the bids,and subsequently documenting and distributing the bidding results,as directed by the Owner. § 3.5.2.3 The Architect shall consider requests for substitutions,if the Bidding Documents permit substitutions,and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 NEGOTIATED PROPOSALS § 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by .1 procuring the reproduction of Proposal Documents for distribution to prospective contractors,and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective contractors;and .3 participating in negotiations with prospective contractors,and subsequently preparing a summary report of the negotiation results,as directed by the Owner. § 3.5.3.3 The Architect shall consider requests for substitutions,if the Proposal Documents permit substitutions,and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.5.3.4 In the event the lowest bid(or bids)exceeds the budget for the Project,the Architect,in consultation with and at the direction of the Owner,shall provide such modifications in the Contract Documents as necessary to bring the cost of the Project within the budget,unless Owner directs the Architect to bid a project estimated over budget. § 3.6 CONSTRUCTION PHASE SERVICES § 3.6.1 GENERAL § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201Tm-2007,General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201-2007,those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Architect shall not have control over,charge of,or responsibility for the construction means,methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work. Subject to the requirements of Sections 2,2 and 3.6.2.1,the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. AIA Document B101 T"-2007(formerly B151,0—1997).Copyright m 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights !nit reserved.WARNING:This AIA' Document is protected by U.S,Copyright Law and International Treaties,Unauthorized reproduction or distribution of 6 this Alike Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. User Notes: (1749235297) § 3.6.1.3 Subject to Section 4.3,the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates at the end of the contractor's construction correction period. § 3.6.2 EVALUATIONS OF THE WORK § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,or as otherwise required in Section 4.3.3,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and report to the Owner(1)known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor,and(2)defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or not such Work is fabricated, installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors,material and equipment suppliers,their agents or employees or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Contractor,shall not show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker,as that term is defined in AIA Document A201-2007,the Architect shall render initial decisions on Claims by the Contractor as provided in the Contract Documents. § 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts.The Architect's certification for payment shall constitute a representation to the Owner,based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment,that,to the best of the Architect's knowledge, information and belief,the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents.The foregoing representations are subject(1)to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)to results of subsequent tests and inspections,(3)to correction of minor deviations from the Contract Documents prior to completion,and(4)to specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,or(4)ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. Init AIA Document B101 TM-2007(formerly B151 TM-1997).Copyright©1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA` Document is protected by U,S,Copyright Law and International Treaties,Unauthorized reproduction or distribution of 7 this AIA` Document,or any portion of it,may result in severe civil and criminal penalties,and will he prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. User Notes: (1749235297) § 3.6.4 SUBMITTALS § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval.The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or,in the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 3.6.4.2 In accordance with the Architect-approved submittal schedule,the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions,quantities,and installation or performance of equipment or systems,which are the Contractor's responsibility.The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect,of any construction means,methods,techniques,sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems,materials or equipment,the Architect shall specify the appropriate performance and design criteria that such services must satisfy.The Architect shall review Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect.The Architect shall be entitled to rely upon the adequacy,accuracy and completeness of the services,certifications and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to the provisions of Section 4.3,the Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth in the Contract Documents the requirements for requests for information.Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 CHANGES IN THE WORK § 3.6.5.1 The Architect may authorize minor change's in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.Subject to the provisions of Section 4.3,the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 PROJECT COMPLETION § 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion;issue Certificates of Substantial Completion;receive from the Contractor and forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract Documents and assembled by the Contractor;and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When the Work is found to be substantially complete,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor,including the amount to be retained from the Contract Sum, if any,for final completion or correction of the Work. !nit AIA Document 8101 TM-2007(formerly B151 TM-1997).Copyright®1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This MA' Document is protected by U.S,Copyright Law and International Treaties,Unauthorized reproduction or distribution of 8 this AM Document,or any portion of it.may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under This document was produced b AIA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for the law.Th P Y resale. User Notes: (1749235297) 61N1..-01 § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor:(1) consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final payment;(2) affidavits,receipts,releases and waivers of liens or bonds indemnifying the Owner against liens;and(3)any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Prior to the expiration of one year from the date of Substantial Completion,the Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project.The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility,and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identify the exhibit.) Additional Services Responsibility Location of Service Description (Architect, Owner (Section 4.2 below or in an exhibit or attached to this document and Not Provided) identified below) § 4.1.1 Programming Basic Services § 4.1.2 Multiple preliminary designs N/P § 4.1.3 Measured drawings Owner § 4.1.4 Existing facilities surveys Owner § 4.1:5 Site Evaluation and Planning(B203TM-2007) Basic Services § 4.1.6 Building information modeling N/P § 4.1.7 Civil engineering Basic Services § 4.1.8 Landscape design Basic Services § 4.1.9 Architectural Interior Design(B252TM-2007) Basic Services § 4.1.10 Value Analysis(B204TM-2007) N/P § 4.1.11 Detailed cost estimating Basic Services § 4.1.12 On-site project representation N/P § 4.1.13 Conformed construction documents N/P § 4.1.14 As-Designed Record drawings N/P § 4.1.15 As-Constructed Record drawings Basic Services § 4.1.16 Post occupancy evaluation N/P § 4.1.17 Facility Support Services(B210TM-2007) N/P § 4.1.18 Tenant-related services N/P § 4.1.19 Coordination of Owner's consultants N/P , § 4.1.20 Telecommunications/data design N/P § 4.1.21 Security Evaluation and Planning N/P (B206TM-2007) § 4.1.22 Commissioning(B211TM-2007) N/P § 4.1.23 Extensive environmentally responsible design N/P § 4.1.24 LEEDu Certification(B214TM-2007) N/P § 4.1.25 Fast-track design services N/P § 4.1.26 Historic Preservation(B205TM-2007) N/P § 4.1.27 Furniture,Furnishings,and Equipment Design N/P (B253TM-2007) § 4.1.28 Evaluation of the qualifications of bidders or Basic Services persons providing proposals § 4.1.29 Evaluating substitutions proposed by the Basic Services Contractor and making subsequent revisions to Instruments of Service resulting therefrom AIA Document B101 TM—2007(formerly 8151 TM—1997).Copyright©1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights Init reserved.WARNING.This AM" Document is protected by U,S,Copyright Law and International Treaties,Unauthorized reproduction or distribution of 9 this AIA` Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under t the law.This document was produced by AIA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. User Notes: (1749235297) t § 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility,if not further described in an exhibit attached to this document. § 4.3 Additional Services may be provided after execution of this Agreement,without invalidating the Agreement. Except for services required due to the fault of the Architect,any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services,the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need.The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information,previous instructions or approvals given by the Owner,or a material change in the Project including,but not limited to,size,quality,complexity, the Owner's schedule or budget for Cost of the Work,or procurement or delivery method; .2 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives,such as unique system designs,in-depth material research,energy modeling,or LEED® certification; .3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes,laws or regulations or official interpretations; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing digital data for transmission to the Owner's consultants and contractors,or to other Owner authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for,and attendance at,more than two(2)public presentations,meetings,or hearings. The Architect's attendance at two(2)public presentations,meetings,or hearings shall be included in the Architect's Basic Services;; .8 Preparation for,and attendance at a dispute resolution proceeding or legal proceeding,except where the Architect is party thereto; .9 Evaluation of the qualifications of bidders or persons providing proposals,refer to Article§4.1.28; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction;or .11 Assistance to the Initial Decision Maker,if other than the Architect. § 4.3.2 To avoid delay in the Construction Phase,the Architect shall provide the following Additional Services,notify the Owner with reasonable promptness,and explain the facts and circumstances giving rise to the need.If the Owner subsequently determines that all or parts of those services are not required,the Owner shall give prompt written notice to the Architect,and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents,field conditions,other Owner-provided information, Contractor-prepared coordination drawings,or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data,or the preparation or revision of Instruments of Service,except that the Architect's Basic Services shall include preparing Change Orders or Constructive Change Directives when the need therefor arises from the Architect's error or omission.; .4 Evaluating more than five(5)Claims as the Initial Decision Maker; .5 Evaluating substitutions proposed by the Owner and making subsequent revisions to Instruments of Service resulting therefrom,refer to Article§ 4.1.29;or .6 To the extent the Architect's Basic Services are affected,providing Construction Phase Services 60 days after(1)the date of Substantial Completion of the Work or(2)the anticipated date of Substantial Completion identified in Initial Information,whichever is earlier. AIA Document B101 TM-2007(formerly B151 T"—1997).Copyright m 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 10 this MA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by MA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. User Notes: (1749235297) 61V 11 (Paragraphs deleted) § 4.3.4 If the services covered by this Agreement have not been completed within ( )months of the date of this Agreement,through no fault of the Architect,extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the.Project,including a written program which shall set forth the Owner's objectives,schedule,constraints and criteria,including space requirements and relationships,flexibility, expandability,special equipment,systems and site requirements.Within 15 days after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of or enforce lien rights. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project,including(1)the budget for the Cost of the Work as defined in Section 6.1;(2)the Owner's other costs;and,(3)reasonable contingencies related to all of these costs.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Architect.The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf only with respect to specific matters delegated to the representative in writing by the City Council. In no event shall the Owner's representative have authority to agree to any adjustments in the Contract Sum or Contract Time,unless expressly authorized to do so in writing by the City Council.The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.4 The Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project,and a written legal description of the site.The surveys and legal information shall include,as applicable,grades and lines of streets,alleys,pavements and adjoining property and structures;designated wetlands; adjacent drainage;rights-of-way,restrictions,easements,encroachments,zoning,deed restrictions,boundaries and contours of the site;locations,dimensions and necessary data with respect to existing buildings,other improvements and trees;and information concerning available utility services and lines,both public and private,above and below grade,including inverts and depths.All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of geotechnical engineers,which may include but are not limited to test borings,test pits,determinations of soil bearing values,percolation tests,evaluations of hazardous materials,seismic evaluation,ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil conditions,with written reports and appropriate recommendations. § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's s request,the Owne r shall copies p hall furnish co ies of the scope of services in the contracts between the Owner and the Owner's consultants. i The Owner shall furnish the services of consultants other than those designated in this Agreement,or authorize the Architect to furnish them as an Additional Service,when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project.The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 5.7 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. § 5.8 The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service. § 5.10 Except as otherwise provided in this Agreement,or when direct communications have been specially authorized,the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through the !nit AIA Document B101 TM-2007(formerly B151 TM—1997).Copyright CO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA` Document is protected by U.S,Copyright Law and International Treaties,Unauthorized reproduction or distribution of 11 this AlA` Documents or any portion of it.may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. User Notes: (1749235297) ■ Architect about matters arising out of or relating to the Contract Documents.The Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services. § 5.11 The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors'general conditions costs, overhead and profit.The Cost of the Work does not include the compensation of the Architect,the costs of the land, rights-of-way,financing,contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information,and may be adjusted throughout the Project as required under Sections 5.2,6.4 and 6.5.Evaluations of the Owner's budget for the Cost of the Work,the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the Architect's judgment as a design professional.It is recognized,however,that neither the Architect nor the Owner has control over the cost of labor,materials or equipment;the Contractor's methods of determining bid prices;or competitive bidding,market or negotiating conditions.Accordingly,the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work,the Architect shall be permitted to include contingencies for design, bidding and price escalation;to determine what materials,equipment,component systems and types of construction are to be included in the Contract Documents;to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work.The Architect's estimate of the Cost of the Work shall be based on current area,volume or similar conceptual estimating techniques. § 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner,through no fault of the Architect,the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work,the Architect shall make appropriate recommendations to the Owner to adjust the Project's size,quality or budget for the Cost of the Work,and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal,the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect,revise the Project program,scope,or quality as required to reduce the Cost of the Work;or .5 implement any other mutually acceptable alternative.. § 6.7 If the Owner chooses to proceed under Section 6.6.4,the Architect,without additional compensation,shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services,or the budget as adjusted under Section 6.6.1.The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit AIA Document B101 TM-2007(formerly B151 TM-1997).Copyright®1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights !nit reserved.WARNING:This A1A`'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 12 this AIA` Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under / the law.This document was produced by AIA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. User Notes: (1749235297) r I U t such information for its use on the Project.If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form,they shall endeavor to establish necessary protocols governing such transmissions. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and shall retain all common law,statutory and other reserved rights,including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 Upon execution of this Agreement,the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing,using,maintaining,altering and adding to the Project,provided that the Owner substantially performs its obligations,including prompt payment of all sums when due,under this Agreement.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement.The license granted under this section permits the Owner to authorize the Contractor, Subcontractors,Sub-subcontractors,and material or equipment suppliers,as well as the Owner's consultants and separate contractors,to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. In the event of termination,the Owner's non-exclusive license to use the Instruments of Service shall be governed by Section 9.8. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service,the Owner releases the Architect and Architect's consultant(s)from all claims and causes of action arising from such uses and after termination the Instruments of Service are completed,revised,altered or otherwise modified by anyone other than Architect.The Owner,to the extent permitted by law,further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses,including the cost of defense,related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1.The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7,no other license or right shall be deemed granted or implied under this Agreement.The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect.Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 GENERAL § 8.1.1 The Owner and Architect shall commence all claims and causes of action,whether in contract,tort,or otherwise,against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law. § 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2007,General Conditions of the Contract for Construction.The Owner or the Architect,as appropriate,shall require of the contractors,consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. (Paragraph deleted) § 8.2 MEDIATION § 8.2.1 Any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation. Mediation is not a condition precedent to commencing litigation,but if litigation is commenced,the parties agree to mediate before any dispositive motions or trial. (Paragraph deleted) AIA Document B101 TM-2007(formerly B151 TM—1997).Copyright®1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties,Unauthorized reproduction or distribution of 13 this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. User Notes: (1749235297) `aJ 4 § 8.2.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: (Check the appropriate box.If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) • (Paragraph deleted) [ X ] Litigation in a court of competent jurisdiction [ ] Other(Specify) (Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 Except for amounts that are the subject of a good faith dispute,if the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven days' written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Architect shall be paid all sums that are not the subject of a good faith dispute prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect,the Architect may terminate this Agreement by giving not less than seven days'written notice. § 9.4 This Agreement may be terminated by the Owner upon seven(7)days written notice to Architect in its sole discretion.The Architect may terminate this Agreement only in the event of substantial non-performance by the Owner.In the event the Architect proposes to terminate this Agreement,the Architect shall notify the Owner in writing stating with specificity the alleged non-performance and further stating that the proposed termination shall be effective if the non-performance remains uncorrected for a period not less than 15 days following said notice. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 In the event of termination not the fault of the Architect,the Architect shall be compensated for services performed prior to termination,together with Reimbursable Expenses then due. (Paragraph deleted) § 9.8 In the event of Termination,and upon payment to the Architect of all sums due that are not the subject of a good faith dispute,the Owner and its designated agents and consultants,shall have a non-exclusive license to use the Architect's,and its consultant's,Instruments of Service,documents,data,and records relating to the Project, in the condition they were in on the date of Termination,for the limited purpose of completing,operating,and maintaining Init AIA Document B101 TM-2007(formerly B151 TM-1997).Copyright©1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlA` Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 14 this AlA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. User Notes: (1749235297) 61\I the Project. The Architect's contracts with its consultants shall incorporate provisions whereby its consultants agree to be bound by the terms of this section. Upon request,the Architect and its consultants shall promptly furnish the Owner with legible copies of their Instruments of Service,documents,data,and records relating to the Project,and the Owner shall reimburse the Architect and its consultants for their reasonable copying and clerical expenses therefor.Refer to Article§ 7.3.1. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2007,General Conditions of the Contract for Construction. § 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns and legal representatives to this Agreement.Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery, presence,handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 10.8 If the Architect or Owner receives information specifically designated by the other party as"confidential"or "business proprietary,"the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to(1)its employees,(2)those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project,or(3)its consultants and contractors whose contracts include similar restrictions on the use of confidential information. § 10.9 Pursuant to Minnesota Statutes§ 16C.05,Subd.5,Architect agrees that the books,records,documents,and accounting procedures and practices of Architect,that are relevant to the contract or transaction,are subject to examination by the Owner and the state auditor for a minimum of six years. Architect shall maintain such records for a minimum of six years after final payment. § 10.10 Pursuant to Minnesota Statutes§ 13.05,Subd. 11,all of the data created,collected,received,stored,used, maintained,or disseminated by Architect in performing this contract is subject to the requirements of the Minnesota Government Data Practices Act("MGDPA"),Minnesota Statutes Chapter 13,and Architect must comply with those requirements as if it were a government entity. The remedies in Minnesota Statutes § 13.08 apply to Architect. Architect does not have a duty to provide access to public data to the public if the public data are available from the Owner. !nit AIA Document B101",—2007(formerly B151 TM-1997).Copyright©1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U,S,Copyright Law and International Treaties,Unauthorized reproduction or distribution of 15 this AIA`'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law,This document was produced by AIA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. User Notes: (1749235297) giq_ lir ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.) A. Format for Fixed Fees Assigned to Specific Projects: *New Building:6%x Construction Cost Estimate *Simple Additions:7%x Construction Cost Estimate *Additions with Remodeling:7.5%x Construction Cost Estimate *Remodeling:7.5%x Construction Cost Estimate * "Gut"Job Renovations: 8.5%x Construction Cost Estimate *Commissioning by Separate Contract B. Furnish and Equipment Services(if requested) Fixed Fee Based on 6%of the Furnishings Cost Documented by Wold C. Richfield Ice Arena—2014 Locker Room Addition Construction Cost Estimate(includes construction contingency)x 7%(simple addition)=Architectural Service Fee $469,500 x.07=$32,865 § 11.2 For Additional Services designated in Section 4.1,the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.If necessary, list specific services to which particular methods of compensation apply.) I 1.25 x(salary plus overhead) § 11.3 For Additional Services that may arise during the course of the Project,including those under Section 4.3,the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.) I 1.25 x(salary plus overhead) § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect times 1.25. § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work,the compensation for each phase of services shall be as follows: Schematic Design Phase fifteen percent ( 15 %) Design Development Phase twenty percent ( 20 %) Construction Documents forty percent ( 40 %) Phase Bidding or Negotiation Phase five percent ( 5 %) Construction Phase twenty percent ( 20 %) Total Basic Compensation one hundred percent ( 100 %) § 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed,compensation for those portions of the Project shall be payable to the extent services are performed on those portions,in accordance with the schedule set forth in Section 11.5 based on(1)the lowest bona fide bid or negotiated proposal,or(2)if no such bid or proposal is received,the most recent estimate of the Cost of the Init AIA Document B101 TM-•2007(formerly 8151 TM-1997).Copyright©1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AMA" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 16 this AMA` Document,or any portion of it.may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under t the law,This document was produced by AIA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. User Notes: (1749235297) 1 l Work for such portions of the Project.The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants,if any,are set forth below. If the Architect's Basic Services are not completed within_months of execution of this Agreement,commencing with the 15`h month,the hourly billing rates set forth on the attached rate sheet shall increase 2.5%. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Employee or Category Rate § 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project,as follows: .1 mileage based on Federal rates in connection with the project and Owner requested out-of-state travel; .2 Long distance services,dedicated data and communication services,teleconferences,Project Web sites,and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project,including government agency review and permit fees; .4 Printing,reproductions,plots,standard form documents; .5 Postage,handling and delivery; (Paragraphs deleted) .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project,or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses;and .11 Other similar Project-related expenditures. .12 Expense of computer aided design and drafting equipment time when used in connection with the Project. § 11.8.2 For Reimbursable Expenses related to mileage the compensation shall be the expenses incurred by the Architect and the Architect's consultants and shall be billed at expense plus 50%of expenses incurred.All other reimbursable expenses shall be billed at actual cost to Architect plus zero percent( 0 %)of the expenses incurred. § 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE (Paragraph deleted) In the event this Agreement is terminated,the Owner's rights to use the Architect's Instruments of Service shall be governed by§9.8 and refer to Article§7.3.1. § 11.10 PAYMENTS TO THE ARCHITECT § 11.10.1 An initial payment of zero ($ 0.00 )shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice.Amounts unpaid sixty ( 60 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) Local rate of interest as set by Minnesota Statute Section 549.09. AIA Document B101 TM-2007(formerly B151 TM-1997).Copyright O 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights [nit reserved.WARNING:This AIA`'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 17 this AlA" Document,or any portion of it.may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law,This document was produced by AlA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. User Notes: (1749235297) - g § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect. The Owner's right,if any,to offset sums due the Architect shall be governed by applicable law. § 11.10.4 Records of Reimbursable Expenses,expenses pertaining to Additional Services,and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: ARTICLE 13 SCOPE OF THE AGREEMENT • § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B101TM-2007,Standard Form Agreement Between Owner and Architect .2 AIA Document E201TM-2007,Digital Data Protocol Exhibit,if completed,or the following: .3 Other documents: (List other documents,if any, including Exhibit A,Initial Information, and additional scopes of service, if any,forming part of the Agreement.) This Agreement entered into as of the day and year first written above. OWNER ARCHITECT (Signature) (Signature) Michael S.Cox Wold Architects and Engineers (Printed name and title) (Printed name and title) AIA Document B101 TM-2007(formerly B151 TM-1997).Copyright©1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights !nit reserved.WARNING:This AlA`'Document is protected by U.S,Copyright Law and International Treaties,Unauthorized reproduction or distribution of 18 this AIA` Document,or any portion of it.may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. User Notes: (1749235297) ll� Additions and Deletions Report for AIA Document B101 TM— 2007 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:09:47 on 09/04/2013. PAGE 1 AGREEMENT made as of the Tenth day of September in the year Two Thousand and Thirteen City of Richfield 6700 Portland Avenue South Richfield,Minnesota 55423 Wold Architects and Engineers 305 St.Peter Street Saint Paul,Minnesota 55102 Telephone Number:651-227-7773 Fax Number:651-223-5646 Richfield Ice Arena—2014 Locker Room Addition 636 E.66th Street Richfield,Minnesota 55423 Basic Contract Agreement for future projects agreed upon in writing by both parties. PAGE 2 Richfield Ice Arena 2014 Locker Room Addition—October 2013.Future projects to be determined. Richfield Ice Arena 2014 Locker Room Addition—January 2014.Future projects to be determined. PAGE 3 $1,000,000 per claim/$2,000,000 aggregate $1,000,000 per occurrence Additions and Deletions Report for AIA Document B101 TM-2007(formerly B151 TM-1997).Copyright©1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA'Document is protected by U.S.Copyright Law and International Treaties,Unauthorized reproduction or distribution of this AlA` Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law,This document was produced by AIA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. (1749235297) User Notes: s* O Statutory $1,000,000 per claim/$2,000,000 aggregate The Architect shall furnish proof of insurance confirming that it has procured the foregoing required insurance coverages prior to execution of this Agreement. Such proof shall also confirm that the insurer has agreed that it will not cancel the insurance without giving the Owner thirty(30)days advance written notice of its intent to cancel. The Architect shall likewise demand from its consultants proof of insurance meeting the foregoing requirements as a condition precedent to their engafiement to perform services on the Project." § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural,mechanical,and electrical engineering services.services,civil engineer,cost estimating,consultant will be hired by Architect as services are required as part of Basic Services.. Services not set forth in this Article 3 are Additional Services. • § 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services.The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.The schedule shall include allowances for periods of time required for the Owner's review,for the performance of the Owner's consultants,and for approval of submissions by authorities having jurisdiction over the Project.Once approved by the Owner,time limits established by the schedule shall not,except for reasonable cause,be exceeded by the Architect or Owner.With the Owner's approval,the Architect shall adjust the schedule,if necessary,necessary as the Project proceeds until the commencement of construction. PAGE 4 § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project,including the feasibility of incorporating environmentally responsible design approaches-approaches if requested by Owner.The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.5.1 The Architect shall consider consider,if requested by the Owner, environmentally responsible design alternatives,such as material choices and building orientation,together with other considerations based on program and aesthetics,in developing a design that is consistent with the Owner's program,schedule and budget for the Cost of the Work.The Owner may obtain other environmentally responsible design services under Article 4. PAGE 5 § 3.3.3 The Architect shall submit the Design Development Documents-documents to the Owner,advise the Owner of any adjustments to the estimate of the Cost of the Work,and request the Owner's approval. § 3.4.5 The Architect shall submit the Construction Documents to the Owner,advise the Owner of any adjustments to the estimate of the Cost of the Work,take any action required under Section 6.5,and request the Owner's approval. The Architect shall after consultation with the Owner be primarily responsible for the preparation of the necessary bidding information and bidding forms.The Architect shall also assist the owner in the preparation of the General Conditions of the Contract for Construction,and form of agreement between the Owner and Contractor.All bidding Additions and Deletions Report for AIA Document B101 TM-2007(formerly B151 TM-1997).Copyright®1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties,Unauthorized 2 reproduction or distribution of this AIA` Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced byAlA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. (1749235297) User Notes: _ 574— 1 documents and contractual agreements shall be in compliance with the requirements of Minnesota's public bidding and contracting law as those laws apply to public entities. § 3.4.6 The Architect shall work with the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project.The Architect shall have the primary responsibility to complete the required documents and ensure that they are properly filed on behalf of the Owner.The Architect shall observe those applicable laws,statues,ordinances,codes,rules and regulations in force and publically announced as of the date of this agreement or as of the date of subsequent compensation amendments whichever is the latter. § 3.4.7 Owner understands that relatively few guidelines are available with respect to compliance with Americans with Disabilities Act(ADA).Architect is aware of developments in this field,including ADA guidelines that are incorporated in the building code,and legal decisions,but cannot guarantee or warrant that Architect's opinion of appropriate compliance measures will be found valid. PAGE 6 .3 organizing and conducting a pre-bid conference for prospective bidders,if requested by Owner; § 3.5.3.4 In the event the lowest bid(or bids)exceeds the budget for the Project,the Architect,in consultation with and at the direction of the Owner,shall provide such modifications in the Contract Documents as necessary to bring the cost of the Project within the budget,unless Owner directs the Architect to bid a project estimated over budget. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Architect shall not have control over,charge of,or responsibility for the construction means,methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the , -• .= - -- Work. Subject to the requirements of Sections 2.2 and 3.6.2.1,the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be Work, § 3.6.1.3 Subject to Section 4.3,the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates :• •- •• - -- - •- - • - Payment.at the end of the contractor's construction correction period. PAGE 7 § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker,as that term is defined in AIA Document A201-2007,the Architect shall render initial decisions on Claims by the Contractor as provided in the Contract Documents. PAGE 9 § 3.6.6.5 _::- :.- : - e •- , •••: : •: Prior to the expiration of one year from the date of Substantial Completion,the Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and performance. Additions and Deletions Report for AIA Document B101 TM—2007(formerly B151"1—1997).Copyright©1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA'`Document is protected by U.S.Copyright Law and International Treaties,Unauthorized 3 reproduction or distribution of this AIA` Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law,This document was produced by AIA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. (1749235297) User Notes: § 4.1.1 Programming(B2O2TM 9) Basic Services 4.1.2 Multiple preliminary designs N/P § 4.1.3 Measured drawings Owner § 4.1.4 Existing facilities surveys Owner § 4.1.5 Site Evaluation and Planning(B203TM-2007) Basic Services § 4.1.6 Building N/P (E202TM 2008)information modeling § 4.1.7 Civil engineering Basic Services § 4.1.8 Landscape design Basic Services § 4.1.9 Architectural Interior Design(B252TM-2007) Basic Services § 4.1.10 Value Analysis(B204TM-2007) N/P § 4.1.11 Detailed cost estimating Basic Services § 4.1.12 On-site N/P (B207TM 2008)project representation § 4:1,13 Conformed construction documents N/P § 4.1.14 As-Designed Record drawings N/P § 4.1.15 As-Constructed Record drawings Basic Services § 4.1.16 Post occupancy evaluation N/P § 4.1.17 Facility Support Services(B210TM-2007) N/P § 4.1.18 Tenant-related services N/P § 4.1.19 Coordination of Owner's consultants N/P § 4.1.20 Telecommunications/data design N/P § 4.1.21 Security Evaluation and Planning N/P (B206TM-2007) § 4.1.22 Commissioning(B211TM-2007) N/P § 4.1.23 Extensive environmentally responsible design N/P § 4.1.24 LEED®Certification N/P (B21ITM 2012)(B214TM-2007) § 4.1.25 Fast-track design services N/P § 4.1.26 Historic Preservation(B205TM-2007) N/P § 4.1.27 Furniture,Furnishings,and Equipment Design N/P (B253TM-2007) § 4.1.28 Evaluation of the qualifications of bidders or Basic Services persons providing proposals 4.1.29 Evaluating substitutions proposed by the Basic Services Contractor and making subsequent revisions to Instruments of Service resulting therefrom PAGE 10 .7 Preparation for,and attendance at, : :.: '- : _ - • •: , "•• ••: = -_• • _;more than two(2)public presentations,meetings,or hearings. The Architect's attendance at two(2)public presentations, meetings,or hearings shall be included in the Architect's Basic Services;; .9 Evaluation of the qualifications of bidders or persons providing pfejaesaistproposals,refer to Article 44.1.28; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data,or the preparation or revision of Instruments of Serve;Service,except that the Architect's Basic Services shall include preparing Change Orders or Constructive Change Directives when the need therefor arises from the Architect's error or omission.; .4 Evaluating:• - •• • • • • more than five(5)Claims as the Initial Decision Maker;• Additions and Deletions Report for AIA Document B101 TM—2007(formerly B151 TM—1997).Copyright®1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Alta Document is protected by U,s.Copyright Law and International Treaties.Unauthorized 4 reproduction or distribution of this AlA`Document;or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the laaw.This document was produced byAlA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. (1749235297) User Notes: 3 .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom;therefrom,refer to Article§ 4.1.29;or PAGE 11 .1 ( )reviews of each Shop Drawing,Product Data item,sample and similar submittal of the Contractor .2 ( )visits to the site by the Architect over the duration of the Project during construction portion of the Work to determine whether such portion of the Work is .3 ( )inspections for any po P .... . . .... . . . § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf • - - :=- -t ' - . only with respect to specific matters delegated to the representative in writing by the City Council. In no event shall the Owner's representative have authority to agree to any adjustments in the Contract Sum or Contract Time,unless expressly authorized to do so in writing by the City Council.The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. PAGE 12 § 5.111 _ . •:-, .. e, .- .. _ .. Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor,including the General Conditions of the Contract for Construction. § 6.3 In preparing estimates of the Cost of Work,the Architect shall be permitted to include contingencies for design, bidding and price escalation;to determine what materials,equipment,component systems and types of construction are to be included in the Contract Documents;to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work.The Architect's estimate of the Cost of the Work shall be based on current area,volume or similar conceptual estimating techniques. •- . - =••. - '" PAGE 13 § 7.3 Upon execution of this Agreement,the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing,using,maintaining,altering and adding to the Project,provided that the Owner substantially performs its obligations,including prompt payment of all sums when due,under this Agreement.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement.The license granted under this section permits the Owner to authorize the Contractor, Subcontractors,Sub-subcontractors,and material or equipment suppliers,as well as the Owner's consultants and separate contractors,to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates •• . .. .... •... •• •.. . , • , . ,. .: • ,• --_ ':• • •. ••'•. .In the event of termination,the Owner's non-exclusive license to use the Instruments of Service shall be governed by Section 9.8. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service,the Owner releases the Architect and Architect's consultant(s)from all claims and causes of action arising Additions and Deletions Report for AIA Document B101 TM-2007(formerly B151 TM-1997).Copyright®1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNINO:This AIA'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 5 reproduction or distribution of this AIA` Document:or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. User Notes: (1749235297) 1 — Ail 51\1 J from such uses-uses and after termination the Instruments of Service are completed,revised,altered or otherwise modified by anyone other than Architect.The Owner,to the extent permitted by law,further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses,including the cost of defense,related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1.The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 8.1.1 The Owner and Architect shall commence all claims and causes of action,whether in contract,tort,or otherwise,against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable § 8.2.1 Any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to•. .. . . . . . . _ t. .. - . . •: .mediation. Mediation is not a condition precedent to commencing litigation,but if litigation is commenced,the parties agree to mediate before any dispositive motions or trial. PAGE 14 { ] Arbitration pursuant to Section 8.3 of this Agreement [ Litigation in a court of competent jurisdiction Additions and Deletions Report for AIA Document B101,0—2007(formerly B151 TM—1997).Copyright©1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 6 reproduction or distribution of this AMA` Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law,This document was produced by AIA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. (1749235297) User Notes: Ri.a5 • •. • • ...:•. •:•3 : : .: "..: • :.:. •: .:: " . • " • " • • _.• : .f.: .:-; :•• r. .; •- z :•- • • • • •_. .-, - _ . . :,•: § 9.11.Except for amounts that are the subject of a good faith dispute,if the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven days' written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Architect shall be paid all sums due-that are not the subject of a good faith dispute prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. temination-This Agreement may be terminated by the Owner upon seven(7)days written notice to Architect in its sole discretion.The Architect may terminate this Agreement only in the event of substantial non-performance by the Owner.In the event the Architect proposes to terminate this Agreement,the Architect shall notify the Owner in writing stating with specificity the alleged non-performance and further stating that the proposed termination shall be effective if the non-performance remains uncorrected for a period not less than 15 days following said notice. Additions and Deletions Report for AIA Document B101 TM-2007(formerly B151"1—1997).Copyright©1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties,Unauthorized 7 reproduction or distribution of this AlA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the taw,This document was produced byAlA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. (1749235297) User Notes: § 9.6 In the event of termination not the fault of the Architect,the Architect shall be compensated for services performed prior to termination,together with Reimbursable Expenses then :.- .-: . - • - - defined in Section 9.7.due. § 9.8 - - - ' •-• . - • ' _ _ . In the event of Termination,and upon payment to the Architect of all sums due that are not the subject of a good faith dispute,the Owner and its designated agents and consultants,shall have a non-exclusive license to use the Architect's,and its consultant's,Instruments of Service,documents,data,and records relating to the Project in the condition they were in on the date of Termination,for the limited purpose of completing, operating,and maintaining the Protect. The Architect's contracts with its consultants shall incorporate provisions whereby its consultants agree to be bound by the terms of this section. Upon request,the Architect and its consultants shall promptly furnish the Owner with legible copies of their Instruments of Service,documents,data,and records relating to the Project,and the Owner shall reimburse the Architect and its consultants for their reasonable copying and clerical expenses therefor.Refer to Article§ 7.3.1. PAGE 15 § 10.1 This Agreement shall be governed by the law of the place where the Project is _-• :, - - • • . S3located. § 10.9 Pursuant to Minnesota Statutes§ 16C.05,Subd. 5,Architect agrees that the books,records,documents,and accounting procedures and practices of Architect,that are relevant to the contract or transaction,are subject to examination by the Owner and the state auditor for a minimum of six years. Architect shall maintain such records for a minimum of six years after final payment. § 10.10 Pursuant to Minnesota Statutes§ 13.05,Subd. 11,all of the data created,collected,received,stored,used, maintained,or disseminated by Architect in performing this contract is subject to the requirements of the Minnesota Government Data Practices Act("MGDPA"),Minnesota Statutes Chapter 13,and Architect must comply with those requirements as if it were a government entity. The remedies in Minnesota Statutes § 13.08 apply to Architect. Architect does not have a duty to provide access to public data to the public if the public data are available from the Owner. PAGE 16 A. Format for Fixed Fees Assigned to Specific Projects: *New Building:6%x Construction Cost Estimate *Simple Additions:7%x Construction Cost Estimate *Additions with Remodeling: 7.5%x Construction Cost Estimate *Remodeling:7.5%x Construction Cost Estimate * "Gut"Job Renovations: 8.5%x Construction Cost Estimate *Commissioning by Separate Contract B. Furnish and Ecfuipment Services(if requested) Fixed Fee Based on 6%of the Furnishings Cost Documented by Wold C. Richfield Ice Arena—2014 Locker Room Addition Construction Cost Estimate(includes construction contingency)x 7%(simple addition)=Architectural Service Fee Additions and Deletions Report for AIA Document 8101 TM—2007(formerly B151 TM—1997).Copyright©1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA"Document is protected by U.s.Copyright L.aw and International Treaties,Unauthorized 8 reproduction or distribution of this AIA` Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law,This document was produced byAlA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. (1749235297) User Notes: $469,500 x.07=$32,865 1.25 x(salary plus overhead) 1.25 x(salary plus overhead) § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus percent( %),or as otherwise stated below:times 1.25. Schematic Design Phase fifteen percent ( 15 %) Design Development Phase twenty percent ( 20 %) Construction Documents forty percent ( 40 %) Phase Bidding or Negotiation Phase five percent ( 5 %) Construction Phase twenty percent ( 20 %) PAGE 17 § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants,if any,are set forth below. the Architect's Basic Services are not completed within months of execution of this Agreement,commencing with the 156 month,the hourly billing rates set forth on the attached rate sheet shall increase 2.5%. .1 . , : _ :• _ _ ., . .. • -- -;mileage based on Federal rates in connection with the project and Owner requested out-of-state travel; .3 Fees paid for securing approval of authorities having jurisdiction over the Project;Project,including government agency review and permit fees; .5 Postage,handling and delivery; .6 Expense of overtime work requiring higher than = • • - , • •. : Owner; .11 Other similar Project-related expenditures. .12 Expense of computer aided design and drafting equipment time when used in connection with the Project. Additions and Deletions Report for AIA Document B101 TM—2007(formerly B151 TM-1997).Copyright©1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AI 'Document is protected by U.S.Copyright Law and international Treaties.Unauthorised 9 reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law,This document was produced by AIA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. (1749235297) User Notes: § 11.8.2 For Reimbursable Expenses related to mileage the compensation shall be the expenses incurred by the Architect and the Architect's consultants and shall be billed at expense plus 50%of expenses incurred.All other reimbursable expenses shall be billed at actual cost to Architect plus zero percent( 0 %)of the expenses incurred. In the event this Agreement is terminated,the Owner's rights to use the Architect's Instruments of Service shall be governed by§9.8 and refer to Article§7.3.1. § 11.10.1 An initial payment of zero ($ 0.00 )shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice.Amounts unpaid sixty ( 60 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. -Local rate of interest as set by Minnesota Statute Section 549.09. § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the • -_ , : : :. : : -: ? ' - Architect. The Owner's right,if any,to offset sums due the Architect shall be governed by applicable law. PAGE 18 Michael S.Cox Wold Architects and Engineers Additions and Deletions Report for AIA Document B101 TM-2007(formerly B151 TM-1997).Copyright©1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIAx Document is protected by US,Copyright Law and International Treaties'Unauthorized 10 reproduction or distribution of this AIA` Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced byAlA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. (1749235297) User Notes: • Certification of Document's Authenticity AIA®Document D401 TM — 2003 I, ,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:09:47 on 09/04/2013 under Order No.2521048101_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document B101TM—2007,Standard Form of Agreement Between Owner and Architect,as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) • AIA Document 0401 T""-2003.Copyright©1992 and 2003 by The American Institute of Architects.All rights reserved._'WARNING:This Ale Docomaot is protected by U.S.Copyright Law and International Treaties,Unauthorized reproduction or distribution of this AIA"Document,or any portion of it,may result in severe civil and criminal penalties,and will he prosecuted to the maximum extent possible under the law,This document was produced by AIA software at 16:09:47 on 09/04/2013 under Order No.2521048101_1 which expires on 01/24/2014,and is not for resale. User Notes: (1749235297) ■ AGENDA SECTION: PUB.HEARING • AGENDA ITEM# 7 REPORT# 179 STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 10, 2013 REPORT PREPARED BY: CHRIS LINK, OPERATIONS SUPERINTENDENT NAME,TITLE DEPARTMENT DIRECTOR REVIEW: Er )4/ E.____ SIGNATURE OTHER DEPARTMENT REVIEW: 0 NI _ T r REVIEWED BY CITY MANAGER: G At - / / `..,4 411111g -AI ■ ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the special assessment roll for removal of diseased trees from private property for work ordered in 2012. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached resolution adopting the assessment for removal of diseased trees from private property for work ordered from January 1, 2012 through December 31, 2012. II. EXECUTIVE SUMMARY According to Section 910 of the City Code, it has been determined that the health of trees within municipal limits is threatened by shade tree diseases, and it is the City's responsibility to control and prevent the spread of these diseases. If the City has deemed it necessary to remove a diseased tree, the property owners have four options available for private tree removal: 1. Remove the tree themselves. 2. Hire and pay for their own contractor. 3. Hire the City's contractor and pay for the removal. 4. Request the cost of the tree removal be assessed against their property tax. 091013TreeAssessment In the period from January 1, 2012 through December 31, 2012, twenty (20) property owners chose the fourth option. The total amount to be assessed is $36,478.88. III. BASIS OF RECOMMENDATION A. BACKGROUND • In the early 1970's, the City of Richfield began a shade tree disease program to assist homeowners in the removal of diseased trees on private property. The following process is how the City ensures property owners are aware of their diseased tree(s). • Notification to Property Owners The following procedures were used to notify the property owners listed on the assessment roll. At time of marking for removal, paperwork is left at the property which includes: • Removal deadline • Why the tree was marked for removal • Assessment Information • Information regarding private contractors • Card informing City of owners removal plans • City Staff contacts for more information If the tree becomes hazardous or is past the removal time limit an additional deadline letter is sent to the property owner. The letter is sent to the last known owner, obtained from Hennepin County Property Records and verified with Richfield Utility Billing records. Occupied Properties As stated above, property owners of diseased trees have four options available for private tree removal: 1. Remove the tree themselves. 2. Hire and pay their own contractor. 3. Hire the City's contractor and pay for the removal. 4. Request the cost of the tree removal be assessed against their property tax. Vacant Properties In cases where the property is vacant and no owner can be found, removals must be ordered when trees have passed the removal time limit or become hazardous. B. POLICY • The work has been completed with prior approval from the affected residents. • Minnesota State Statute requires the County to be notified of all special assessments. • The proposed assessment was properly filed with the City Clerk. • The Public Hearing Notice was published in the official newspaper on August 29, 2013 and September 5, 2013. • Notices of the assessment hearing were mailed to the owner of each parcel described in the assessment roll on August 21, 2013, meeting the two-week notification requirement. C. CRITICAL TIMING ISSUES • On or before September 1st of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under Section 825 of the City Code. D. FINANCIAL • The costs to be assessed for the removal of diseased trees on private property for work ordered during the period January 1, 2012, through December 31, 2012, have been determined to be $36,478.88. • City ordinance provides that special assessments for current services may be certified to the County Auditor for collection along with taxes. This certification may provide that the assessments be completely paid in the first year or in annual installments. It is past practice such payments be due and payable over a five-year period due to the increased cost of removals. • No interest will be charged if the entire assessment is paid before October 10, 2013. After that date, the City has the right to charge interest on the amount assessed in that the City provided the funds for the initial expense. It is recommended that the interest rate be established at five percent (5%). • The original source of funding to have the work done is through the City's Permanent Improvement Revolving Fund. E. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Council may revise the special assessment roll as deemed necessary following the public hearing. V. ATTACHMENTS • Resolution • Notice of Assessment Hearing mailed to residents VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Residents on assessment roll II', RESOLUTION NO. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 2012 TO DECEMBER 31, 2012. WHEREAS, costs have been determined for the removal of diseased trees from private properties in the City of Richfield and the expenses incurred or to be incurred for such work ordered during the period of January 1, 2012 through December 31, 2012 amount to $36,478.88. Address PID Amount 1810 W 68th St 2802824310065 $965.48 6313 Aldrich Ave 2802824110038 $1,923.75 6400 Newton Ave 2802824230064 $1,282.50 6908 Oliver Ave 2802824330052 $3,099.38 6638 Bloomington Ave 2602824420006 $2,992.50 6768 Oliver Ave 2802824320072 $2,600.00 6814 Oliver Ave 2802824330039 $4,237.36 6827 2nd Ave 2702824430038 $1,928.25 7004 James Ave 3302824210033 $1,309.22 7045 Oakland Ave 3502824220040 $956.53 7126 11th Ave 3502824210017 $2,297.81 7127 10th Ave 3502824210024 $1,962.23 7132 10th Ave 3502824210026 $2,000.70 7133 Portland Ave 3502824220078 $667.97 7141 Portland Ave 3502824220077 $667.97 7301 Nicollet Ave 3402824130016 $3,200.00 7317 Lyndale Ave 3402824230115 $406.13 7401 Park Ave 3502824320107 $3,313.13 7425 Bryant Ave 3302824410035 $667.97 Total: $36,478.88 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. Such proposed assessment roll, in the amount of$36,478.88, is hereby accepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of the assessment levied against it. 2. Such assessment shall be payable in no more than five annual installments and shall bear interest at the rate of five (5%) percent from the date of adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the City's Assessing Division, and may at any time thereafter, pay to the City's Assessing Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31st of the next succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the property tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. Passed by the City Council of the City of Richfield, Minnesota this 10th day of September, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk -3 City of Richfield Public Works Department August 21, 2013 Name Address City, State, Zip PID: Property Address: NOTICE OF ASSESSMENT HEARING NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CERTAIN SERVICES OF THE CITY FOR REMOVAL OF DISEASED TREES ON PRIVATE PROPERTY (JANUARY 1, 2012- DECEMBER 31, 2012) NOTICE IS HEREBY GIVEN that the Richfield City Council will hold an assessment hearing on the date and at the time and place given below, to pass upon the proposed assessment for the removal and disposal of diseased trees on private property. DATE, TIME AND PLACE OF HEARING: Tuesday, September 10th at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda, at Richfield Municipal Center, 6700 Portland Avenue South, Richfield, Minnesota 55423. NATURE OF IMPROVEMENT AND AREA TO BE ASSESSED: Costs incurred for removal of diseased trees from private property with the consent and approval of the property owners for work ordered from the City of Richfield, January 1, 2012 through December 31, 2012. The City proposes to assess the costs for this work, which totaled $ 37,120.13. THE SPECIAL ASSESSMENT TO YOUR PROPERTY IS: $XXXXX. THIS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT. NO SEPARATE BILLING WILL OCCUR. PLEASE DO NOT MAIL PAYMENT BEFORE THE ASSESSMENT HEARING ON TUESDAY, SEPTEMBER 10TH, 2013. A copy of the proposed assessment roll is on file for public inspection at the City Clerk's office, 6700 Portland Avenue South, Richfield, Minnesota. +1 City of Richfield Public Works Department PAYMENT OF ASSESSMENT: You may pay your assessment at any time after the assessment has been adopted by presenting a check to the City Treasurer at the Assessor's office, 6700 Portland Avenue South, Richfield, Minnesota 55423. Unpaid assessments accrue interest at the rate of five percent (5%) per year. The amount of interest payable depends upon when your payment is made, and the following deadlines apply: Payment within 30 days of adopted assessment: The property owner may pay the original principal amount without interest within 30 days from the date the Council adopts the assessment, scheduled for Tuesday, September 10th, 2013. If the original principal amount is not paid, the assessment will be charged five percent (5%) interest. Payment on or after 10/10/2013: Payments received on or after 10/10/2013 but before 11/15/2013 will be charged interest at the rate of 5% through the date of payment. Payments are not accepted between November 15, 2013 and January 1, 2014. After January 1, 2014 payments can be made on the outstanding balance not certified to the current year taxes anytime with interest through December 31 of the year in which payment is made. If no prepayment is made, the tree assessments are spread over five years. Interest will be charged at the rate of five percent (5%) annually. Interest is calculated for 16 months on the first year of the assessment and 12 months thereafter. There is a $2.50 surcharge per year over the five year life of the assessment when certified to the property tax. Questions regarding the assessment payment procedure should be directed to Debbie Guiher at 612-861-9710. DEFERRED ASSESSMENTS: Under Minnesota Stat. Secs. 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person who meets certain age or disability restrictions and for whom it would be a hardship to make the payments. The policy and procedure for deferment is set forth in City Resolution No. 9531, which may be obtained from the City Clerk. When deferment of the special assessment has been granted and is terminated for any reason provided in law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of the law and the resolution may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for deferral of this special assessment. HEARING PROCEDURE AND OBJECTIONS: The City Council will conduct a public hearing on the proposed assessment on the date and time listed. Written and oral objections will be considered at the meeting, but the Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon further notice to the affected property owners as the Council deems advisable. The Council may adopt the proposed assessment at the same meeting as the hearing. RIGHT TO APPEAL: You have the right to appeal the City Council's adoption of the assessment. To appeal, you must serve notice of an appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment, and you must also file the notice of appeal with the Hennepin County District Court within ten days after service upon the Mayor or City Clerk. You may not appeal unless you file a written objection, signed by you, with the City Clerk prior to the hearing on September 10, 2013 or present the written objection to the presiding officer at the hearing on September 10,'2013. BY ORDER OF THE CITY COUNCIL THIS 13th DAY OF AUGUST, 2013. Questions? Questions concerning this assessment amount should be directed to Chris Link, Operations Superintendent @ 612-861-9174. AGENDA SECTION: PUB. HEARING AGENDA ITEM# 8 REPORT# 180 STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 10, 2013 REPORT PREPARED BY: CHRIS LINK, OPERATIONS SUPERINTENDENT NAME,TITLE DEPARTMENT DIRECTOR REVIEW: Q SIGNATURE OTHER DEPARTMENT REVIEW: El NI'S AD, win REVIEWED BY CITY MANAGER: • / ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the attached resolutions pertaining to the annual 77th Street maintenance district assessment process. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: 1. Adopt the attached resolution proposing to assess commercial properties in the 77th Street assessment district for costs incurred to maintain the area for 2012. 2. Adopt the attached resolution proposing a similar assessment process to be implemented for 2014. II. EXECUTIVE SUMMARY Since the 1988, the City has been performing special, high-quality maintenance along the 77th Street redevelopment area between I-35W and Cedar Avenue. The special maintenance services include irrigation, weeding and mowing of the landscaping on both sides of the 77th Street wall. The maintenance functions, known as current services, are funded through the maintenance assessment on the 77th Street businesses Staff is recommending the City Council approve resolutions that: 1. Assess $78,286.46 against the 77th Street properties for work done in 2012. 09101377thStAssess 2. Propose a similar assessment process for 2014. III. BASIS OF RECOMMENDATION A. BACKGROUND • City staff has determined actual costs of current services to be assessed for the 2012 maintenance of this area to be $78,286.46, and estimate the cost for 2014 maintenance to be $80,000. • Fluctuations in expenditures for the maintenance of the 77th Street Redevelopment area are caused by a number of factors: o Weather determines water usage and irrigation costs o Street light knockdowns are not foreseeable and very expensive o The need to paint streetlights o Concrete repair varies from year to year. B. POLICY • Section 825 of the City Code indicates "current services" mean one or more of the following: (a) snow, ice, or rubbish removal from sidewalks; (b) weed elimination from streets or private property; (c) removal or elimination of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes, sections 463.15 to 463.26; (d) installation or repair of water service lines; (e) street sprinkling, sweeping, or other dust treatment of streets; (f) the trimming and care of trees and the removal of unsound trees from any street; (g) the treatment and removal of insect-infested or diseased trees on private property; (h) the repair of sidewalks and alleys; (i) the operation of a street lighting system; (j) the maintenance of landscaped areas, decorative parks and other public amenities on or adjacent to street right-of-way; and (k) snow removal and other maintenance of streets in commercial redevelopment areas. • Resolution No. 7405, adopted in 1988, established a policy for assessing the costs. • Staff has calculated the proper amounts to be assessed against every assessable lot, piece or parcel of land specially benefited. • The City does not assess residential properties for maintenance • The proposed assessment was properly filed with the City Clerk. • The Public Hearing Notice was published in the official newspaper on August 29, 2013 and September 5, 2013. • Notice of the public hearing for the proposed maintenance costs in 2012 was mailed to all owners described on the assessment roll on August 21, 2013 meeting the two-week notification requirement. C. CRITICAL TIMING ISSUES • On or before September 1 of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. D. FINANCIAL • Estimated and actual costs for the 77th Street maintenance services from 2002 - 2012 are: Year Estimate Actual 2002 $80,000 $75,490.39 2003 $80,000 $59,831.07 2004 $80,000 $63,842.79 2005 $80,000 $64,841.54 2006 $80,000 $69,606.52 2007 $80,000 $77,441.46 2008 $80,000 $77,000.01 2009 $80,000 $62,894.55 2010 $80,000 $64,124.81 2011 $80,000 $72,427.48 2012 $80,000 $78,286.46 2013 $80,000 • City ordinance provides that special assessments for current services may be certified to the County Auditor for collection along with taxes. This certification may provide that the assessments be completely paid in the first year. • No interest will be charged if the entire assessment is paid before October 10, 2013. After that date, the City has the right to charge interest on the amount assessed in that the City provided the funds for the initial expense. It is recommended that the interest rate be established at five percent (5%). • The estimated maintenance cost for the period January 1, 2014 through December 31, 2014 is $80,000. All commercial properties would be assessed on a square foot basis. All residential properties, plus the two churches in the area, would be exempt from the special assessment levy. E. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • Council may make any changes to the assessment roll as deemed necessary after the public hearing by adding the phrase "and has amended such proposed assessment as it deems just." V. ATTACHMENTS • Resolution adopting assessments for 77th Street Maintenance in 2012 • Resolution proposing to specially assess for current services in 2014 • The 2012 assessment roll • The 2014 assessment roll • Copy of letter sent to assessed property owners • Graphic displaying 77th Street special assessment district VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 3-i RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT ON 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1, 2012 - DECEMBER 31, 2012 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and passed upon all objections to the proposed assessment for current services related to maintenance of the 77th Street Redevelopment Project, which is approximately bounded east of I-35W and west of Cedar Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: Such proposed assessment roll in the total amount of$78,286.46 is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of assessment levied against it. Such assessment shall be payable before or during 2013 and shall bear interest at the rate of five percent (5%) from the date of adoption of this assessment resolution. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the City's Finance Division and may, at any time thereafter, pay to the City's Finance Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31st of the year in which payment is made. Such payment must be made before November 15th or interest will be charged through December 31st of the succeeding year. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the proper tax lists of the County and such assessment shall be collected and paid over in the same manner in other municipal taxes. Passed by the City Council of the City of Richfield, Minnesota, this 10th day of September 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT 77TH STREET PROJECT AREA JANUARY 1, 2014 - DECEMBER 31, 2014 WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did establish a special assessment district and did propose that certain current services be undertaken by the City in the 77th Street Project Area, approximately bounded by I-35W, 77th Street, 1-494 and Cedar Avenue and that the cost of such services be specially assessed against benefited property; and WHEREAS, the City Council of the City of Richfield did also by such resolution set the date of the public hearing on the undertaking of such current service project and the levying of special assessment to bear the cost thereof; and WHEREAS, following due notice, such public hearing was held on September 10, 2013 at which time all interested parties desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the following examples of current services of the City shall be undertaken by the City within the 77th Street Project Area, which area constitutes the special assessment district with the exception of residential properties, plus the two churches in the area, with the cost of such services to be specially assessed against the benefited property within the district: a. Snow, ice or rubbish removal; b. Weed elimination; c. Elimination or removal of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes Section 463.15 to 463.26; d. Street sprinkling or other dust treatment of streets; e. Trimming and care of trees and the removal of unsound trees; f. Repair of sidewalks, crosswalks and other pedestrian walkways; g. Operation of the street lighting system; h. Maintenance of landscaped areas and other public amenities on or adjacent to street right-of-way; i. Snow removal and other maintenance of streets; j. General maintenance, including repairs and replacement. 2. The work to be performed may be by day labor, by City force, by contract or by any combination thereof. 3. The designated period of the project shall be from January 1, 2014 through December 31, 2014. Costs of the project shall be in the manner provided in the Richfield Ordinance Code. Passed by the City Council of the City of Richfield, Minnesota this 10th day of September, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ( . - 3 2012 Actual Charges - 77th St Maintenance (1 of 2 pages) .. .. ;::Parcel Address_._.. . Owner : Amount, Sq Feet: 3302824430019 1401 WEST 76TH STREET KEN MC CARTHY $2,402.87 114,501 3302824430049 2 MERIDIAN CROSSINGS PIEDMONT OFFICE REALTY TRUST $4,148.37 197,677 3302824430050 1 MERIDIAN CROSSINGS OTR ESOM PROPERTIES INC $4,548.88 216,762 3302824440110 7610 LYNDALE AVENUE SOUTH VIKING PARTNERS KENSINGTON LLC $1,947.95 92,823 3302824440112 7600 LYNDALE AVENUE SOUTH VIKING PARTNERS KENSINGTON LLC $1,021.18 48,661 3302824440113 7630 LYNDALE AVENUE SOUTH VIKING PARTNERS KENSINGTON LLC $258.44 12,315 3302824440114 LYNDALE AVENUE SOUTH&W 76 1/2 VIKING PARTNERS KENSINGTON LLC $22.79 1,086 STREET 3302824440115 7644 LYNDALE AVENUE SOUTH VIKING PARTNERS KENSINGTON LLC $205.24 9,780 3302824440231 1000 78Th STREET WEST CSM INVESTORS INC $7,868.66 374,955 3302824440232 710 78Th STREET WEST CSM SHOPS INC $6,892.31 328,430 3302824440233 7700 LYNDALE AVENUE SOUTH CITY OF RICHFIELD/LIQUOR $494.84 23,580 3302824440234 700 78TH STREET WEST CSM SHOPS INC $356.78 17,001 3302824440235 980 78TH STREET WEST CSM SHOPS INC $250.84 11,953 3302824440236 UNASSIGNED ADDRESS CSM SHOPS INC $491.21 23,407 3402824210004 7100 PLEASANT AVENUE SOUTH SOO LINE RAILROAD COMPANY $530.47 25,278 3402824330003 509 WEST 77Th STREET LA METTRY PROPERTIES LLC $1,296.07 61,760 3402824330004 501 WEST 77T1-1 STREET J&R INVER GROVE HEIGHTS, LLS $704.30 33,561 3402824330005 7724 HARRIET AVENUE SOUTH LE METTRY PROPERTIES LLC $123.92 5,905 3402824330006 500 WEST 78T11 STREET RICHARD A LAMETTRY $437.80 20,862 3402824330007 0401 WEST 77Th STREET THOMAS I WOOD $126.84 6,044 3402824330080 400 WEST 78TH STREET RICHFIELD-BLMGTN HONDA $3,114.29 148,401 3402824330081 7745 LYNDALE AVENUE SOUTH 7745 LYNDALE LLC $1,525.13 72,675 3402824330082 7701 LYNDALE AVENUE SOUTH 7745 LYNDALE LLC $139.18 6,632 3402824330087 301 WEST 77TH STREET CITY OF RICHFIELD/HRA $1,032.26 49,189 3402824330088 351 WEST 77TH STREET HPT CW II PROP TRUST $2,195.41 104,615 3402824330150 7645 LYNDALE AVENUE SOUTH RICHFIELD SENIOR HOUSING INC $88.24 4,205 3402824330151 7645 LYNDALE AVENUE SOUTH#2 RICHFIELD SENIOR HOUSING INC $88.24 4,205 3402824330152 7645 LYNDALE AVENUE SOUTH#3 MAIN STREET OFFICE LLC $88.24 4,205 3402824330153 7645 LYNDALE AVENUE SOUTH#4 MAIN STREET OFFICE LLC $88.24 4,205 3402824330154 7645 LYNDALE AVENUE SOUTH#5 MAIN STREET OFFICE LLC $88.24 4,205 3402824330155 7645 LYNDALE AVE S #6 MAIN STREET OFFICE LLC $88.24 4,205 3402824340001 84 WEST 78TH STREET SHERWIN-WILLIAMS DEV CORP $301.27 14,356 3402824340053 200 WEST 78TH STREET TWO S PROPERTIES, INC $1,960.73 93,432 3402824340054 7700 WENTWORTH AVENUE SOUTH LEIGHTON PARTNERS LLC ATTN CHIEF MANAGER $423.22 20,167 3402824340055 7720 WENTWORTH AVENUE SOUTH HILMER M HOVELSON $422.52 20,134 3402824340056 100 WEST 78Th STREET VIKING PAINTS $486.05 23,161 3402824340057 7721 PILLSBURY AVENUE SOUTH VIKING PAINTS,INC $706.44 33,663 3402824340058 7715 PILLSBURY AVENUE SOUTH WILLIAMS PROPERTIES MN LLC $112.67 5,369 3402824340059 7717 PILLSBURY AVENUE SOUTH ROBERTA GEORGE $98.59 4,698 3402824340060 7709 PILLSBURY AVENUE SOUTH KERKER PROPERTIES LLC $211.60 10,083 3402824340061 7701 PILLSBURY AVENUE SOUTH H&M V PROPERTIES, LLC $211.64 10,085 3402824340065 7700 NICOLLET AVENUE SOUTH 7700 NICOLLET, LLC $391.51 18,656 3402824340066 7720 NICOLLET AVENUE SOUTH REALTY INCOME PROPERTIES 3,LLC $369.64 17,614 3402824340073 7700 PILLSBURY AVENUE S CITY OF RICHFIELD ATTN: MARK HALL $858.37 40,903 3402824430005 140 EAST 7811-I STREET B NELSON&G NELSON TRUSTEES $845.68 40,298 3402824430077 7745 2ND AVENUE SOUTH ROBERT LURTSEMA $488.34 23,270 3402824430078 7701 NICOLLET AVENUE SOUTH MENARD INC $8,575.69 408,646 3402824440006 7700 PORTLAND AVENUE SOUTH ELSEN BROTHERS INC $306.10 14,586 f 2012 Actual Charges - 77th St Maintenance (2 of 2 pages) ..PID .., .Parcel Address.;.,;:. . . Owner Amnurrt ;Sq Fee#. 3402824440007 7730 PORTLAND AVENUE SOUTH D B R INC ELSEN BROTHERS INC $483.55 23,042 3402824440023 500 EAST 78Th STREET A G BOGEN CO $612.28 29,176 3402824440024 7708 5Th AVENUE SOUTH TBG, LLC $214.81 10,236 3402824440025 7714 5TH AVENUE SOUTH GARY WIBERG $214.10 10,202 3402824440027 7701 5Th AVENUE SOUTH A G BOGEN $282.74 13,473 3402824440028 415 EAST 77Th STREET RICHFIELD WHEEL ALIGNMENT $215.88 10,287 3402824440029 7731 4Th AVENUE SOUTH BLAYLOCK PLUMBING CO $436.82 20,815 3402824440030 7715 4Th AVENUE SOUTH RICHFIELD BLOOMINGTON CU $334.89 15,958 3402824440031 7744 5TH AVENUE SOUTH DJ&DJ LLC $643.94 30,685 3402824440032 345 EAST 77Th STREET RICHFIELD-BLOOMINGTON CU $770.44 36,713 3502824330006 7701 PORTLAND AVENUE SOUTH DAR LAO $470.73 22,431 3502824330007 7727 PORTLAND AVENUE SOUTH HOMES RE 1 LLC $620.04 29,546 3502824330008 7733 PORTLAND AVENUE SOUTH LMMS PROPERTIES, LLC $578.51 27,567 3502824330009 616 EAST 78Th STREET UNIVERSITY AUTO PROP LLLP $526.84 25,105 3502824340002 7744 12Th AVENUE SOUTH B&S LAND DEVELOPMENT LLC $522.16 24,882 3502824430006 7715 14TH AVENUE SOUTH BIGGOS-RICHFIELD TOWERS LLC $866.50 41,290 3502824430008 1200 EAST 78TH STREET PMB HOSPITALITY LLC $980.91 46,742 3502824430073 1400 EAST 78TH STREET A G BOGEN $305.82 14,573 3502824430074 1420 EAST 78TH STREET A G BOGEN COMPANY $1,010.65 48,159 3502824430076 1500 EAST 78Th STREET A G BOGEN COMPANY $1,253.95 59,753 3502824440004 7636 CEDAR AVENUE SOUTH G6 HOSPITALITY PROP LLC $1,166.46 55,584 3502824440006 1710 EAST 78TH STREET CITY OF RICHFIELD/HRA $704.74 33,582 3502824440007 1640 EAST 78Th STREET JERRY E MATHWIG $828.93 39,500 3502824440008 1620 EAST 78Th STREET JERRY MATHWIG METRO SALES INC $1,134.84 54,077 3502824440010 1550 EAST 78TH STREET ADLER GRADUATE SCHOOL $2,930.39 139,638 3502824440031 1600 78Th STREET EAST 494 BUILDING PARTNERSHIP LLC $700.71 33,390 3502824440032 78Th EAST BLOOMINGTON AVENUE SOUTH CLEAR CHANNEL OUTDOOR INCORPORATED $39.29 1,872 Total: $78,286.45 3,730,482 it 2014 Proposed Charges - 77th St Maintenance (1 of 2 pages) PI..? P it I Address ouvner Projected Sq Feet<' .. ,.. Arreount.. _ 3302824430019 1401 WEST 76Th STREET KEN MC CARTHY $2,455.47 114,501 3302824430049 2 MERIDIAN CROSSINGS PIEDMONT OFFICE REALTY TRUST $4,239.17 197,677 3302824430050 1 MERIDIAN CROSSINGS OTR ESOM PROPERTIES INC $4,648.45 216,762 3302824440110 7610 LYNDALE AVENUE SOUTH VIKING PARTNERS KENSINGTON LLC $1,990.58 92,823 3302824440112 7600 LYNDALE AVENUE SOUTH VIKING PARTNERS KENSINGTON LLC $1,043.53 48,661 3302824440113 7630 LYNDALE AVENUE SOUTH VIKING PARTNERS KENSINGTON LLC $264.09 12,315 LYNDALE AVENUE SOUTH&W 76 1/2 3302824440114 STREET VIKING PARTNERS KENSINGTON LLC $23.29 1,086 3302824440115 7644 LYNDALE AVENUE SOUTH VIKING PARTNERS KENSINGTON LLC $209.73 9,780 3302824440231 1000 78TH STREET WEST CSM INVESTORS INC $8,040.89 374,955 3302824440232 710 78TH STREET WEST CSM SHOPS INC $7,043.16 328,430 3302824440233 7700 LYNDALE AVENUE SOUTH CITY OF RICHFIELD/LIQUOR $505.67 23,580 3302824440234 700 78Th STREET WEST CSM SHOPS INC $364.59 17,001 3302824440235 980 78Th STREET WEST CSM SHOPS INC $256.33 11,953 3302824440236 UNASSIGNED ADDRESS CSM SHOPS INC $501.96 23,407 3402824210004 7100 PLEASANT AVENUE SOUTH SOO LINE RAILROAD COMPANY $542.09 25,278 3402824330003 509 WEST 77Th STREET LA METTRY PROPERTIES LLC $1,324.44 61,760 3402824330004 501 WEST 77Th STREET J&R INVER GROVE HEIGHTS,LLS $719.71 33,561 3402824330005 7724 HARRIET AVENUE SOUTH LE METTRY PROPERTIES LLC $126.63 5,905 3402824330006 500 WEST 78TH STREET RICHARD A LAMETTRY $447.38 20,862 3402824330007 0401 WEST 77TH STREET THOMAS I WOOD $129.61 6,044 3402824330080 400 WEST 78Th STREET RICHFIELD-BLMGTN HONDA $3,182.45 148,401 3402824330081 7745 LYNDALE AVENUE SOUTH 7745 LYNDALE LLC $1,558.51 72,675 3402824330082 7701 LYNDALE AVENUE SOUTH 7745 LYNDALE LLC $142.22 6,632 3402824330087 301 WEST 77TH STREET CITY OF RICHFIELD/HRA $1,054.86 49,189 3402824330088 351 WEST 77Th STREET HPT CW II PROP TRUST $2,243.46 104,615 3402824330150 7645 LYNDALE AVENUE SOUTH RICHFIELD SENIOR HOUSING INC $90.18 4,205 3402824330151 7645 LYNDALE AVENUE SOUTH#2 RICHFIELD SENIOR HOUSING INC $90.18 4,205 3402824330152 7645 LYNDALE AVENUE SOUTH#3 MAIN STREET OFFICE LLC $90.18 4,205 3402824330153 7645 LYNDALE AVENUE SOUTH#4 MAIN STREET OFFICE LLC $90.18 4,205 3402824330154 7645 LYNDALE AVENUE SOUTH#5 MAIN STREET OFFICE LLC $90.18 4,205 3402824330155 7645 LYNDALE AVE S #6 MAIN STREET OFFICE LLC $90.18 4,205 3402824340001 84 WEST 78Th STREET SHERWIN-WILLIAMS DEV CORP $307.86 14,356 3402824340053 200 WEST 78TH STREET TWO S PROPERTIES, INC $2,003.64 93,432 3402824340054 7700 WENTWORTH AVENUE SOUTH LEIGHTON PARTNERS LLC ATTN CHIEF MANAGER $432.48 20,167 3402824340055 7720 WENTWORTH AVENUE SOUTH HILMER M HOVELSON $431.77 20,134 3402824340056 100 WEST 78-11-I STREET VIKING PAINTS $496.69 23,161 3402824340057 7721 PILLSBURY AVENUE SOUTH VIKING PAINTS, INC $721.90 33,663 3402824340058 7715 PILLSBURY AVENUE SOUTH WILLIAMS PROPERTIES MN LLC $115.14 5,369 3402824340059 7717 PILLSBURY AVENUE SOUTH ROBERTA GEORGE $100.75 4,698 3402824340060 7709 PILLSBURY AVENUE SOUTH KERKER PROPERTIES LLC $216.23 10,083 3402824340061 7701 PILLSBURY AVENUE SOUTH H&M V PROPERTIES, LLC $216.27 10,085 3402824340065 7700 NICOLLET AVENUE SOUTH 7700 NICOLLET, LLC $400.08 18,656 3402824340066 7720 NICOLLET AVENUE SOUTH REALTY INCOME PROPERTIES 3, LLC $377.73 17,614 3402824340073 7700 PILLSBURY AVENUE S CITY OF RICHFIELD ATTN:MARK HALL $877.16 40,903 3402824430005 140 EAST 78Th STREET B NELSON&G NELSON TRUSTEES $864.19 40,298 3402824430077 7745 2ND AVENUE SOUTH ROBERT LURTSEMA $499.02 23,270 3402824430078 7701 NICOLLET AVENUE SOUTH MENARD INC $8,763.39 408,646 3402824440006 7700 PORTLAND AVENUE SOUTH ELSEN BROTHERS INC $312.80 14,586 %—W 2014 Proposed Charges - 77th St Maintenance (2 of 2 pages) 3402824440007 7730 PORTLAND AVENUE SOUTH D B R INC ELSEN BROTHERS INC $494.13 23,042 3402824440023 500 EAST 78TH STREET A G BOGEN CO $625.68 29,176 3402824440024 7708 5T1-I AVENUE SOUTH TBG, LLC $219.51 10,236 3402824440025 7714 5Th AVENUE SOUTH GARY WIBERG $218.78 10,202 3402824440027 7701 5TH AVENUE SOUTH A G BOGEN $288.93 13,473 3402824440028 415 EAST 77TH STREET RICHFIELD WHEEL ALIGNMENT $220.60 10,287 3402824440029 7731 4TH AVENUE SOUTH BLAYLOCK PLUMBING CO $446.38 20,815 3402824440030 7715 4TH AVENUE SOUTH RICHFIELD BLOOMINGTON CU $342.22 15,958 3402824440031 7744 5TH AVENUE SOUTH DJ&DJ LLC $658.04 30,685 3402824440032 345 EAST 77TH STREET RICHFIELD-BLOOMINGTON CU $787.31 36,713 3502824330006 7701 PORTLAND AVENUE SOUTH DAR LAO $481.03 22,431 3502824330007 7727 PORTLAND AVENUE SOUTH HOMES RE 1 LLC $633.61 29,546 3502824330008 7733 PORTLAND AVENUE SOUTH LMMS PROPERTIES, LLC $591.17 27,567 3502824330009 616 EAST 78Th STREET UNIVERSITY AUTO PROP LLLP $538.38 25,105 3502824340002 7744 12TH AVENUE SOUTH B&S LAND DEVELOPMENT LLC $533.59 24,882 3502824430006 7715 14T1-I AVENUE SOUTH BIGGOS-RICHFIELD TOWERS LLC $885.46 41,290 3502824430008 1200 EAST 78Th STREET PMB HOSPITALITY LLC $1,002.38 46,742 3502824430073 1400 EAST 78Th STREET A G BOGEN $312.52 14,573 3502824430074 1420 EAST 78TH STREET A G BOGEN COMPANY $1,032.77 48,159 3502824430076 1500 EAST 78TH STREET A G BOGEN COMPANY $1,281.40 59,753 3502824440004 7636 CEDAR AVENUE SOUTH G6 HOSPITALITY PROP LLC $1,192.00 55,584 3502824440006 1710 EAST 78Th STREET CITY OF RICHFIELD/HRA $720.16 33,582 3502824440007 1640 EAST 7871-1 STREET JERRY E MATHWIG $847.08 39,500 3502824440008 1620 EAST 7811-1 STREET JERRY MATHWIG METRO SALES INC $1,159.68 54,077 3502824440010 1550 EAST 78T1-I STREET ADLER GRADUATE SCHOOL $2,994.53 139,638 3502824440031 1600 78Th STREET EAST 494 BUILDING PARTNERSHIP LLC $716.05 33,390 3502824440032 78TH EAST BLOOMINGTON AVENUE SOUTH CLEAR CHANNEL OUTDOOR INCORPORATED $40.14 1,872 Total: $79,999.98 3,730,482 r1 Public Works Department August 21, 2013 Name Address City, State Zip Property ID: Property Address: NOTICE OF ASSESSMENT HEARING NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CERTAIN SERVICES OF THE CITY WITHIN THE 77th STREET REDEVELOPMENT AREA FROM JANUARY 1, 2012- DECEMBER 31, 2012 NOTICE IS HEREBY GIVEN that the Richfield City Council will hold an assessment hearing on the date and at the time and place given below, to pass upon the proposed assessment for the maintenance services to that area known as the 77th Street Redevelopment Area in the City. DATE, TIME AND PLACE OF HEARING: Tuesday, September 10, 2013, at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda, at the Richfield Municipal Center, 6700 Portland Avenue South, Richfield, Minnesota 55423. NATURE OF IMPROVEMENT AND AREA TO BE ASSESSED: From January 1, 2012 through December 31, 2012 the City of Richfield incurred costs for maintenance of the 77th Street project area, including such work as landscape maintenance of common properties, including mowing, fertilizing, irrigation repair and other maintenance services. The City proposes to assess the costs for maintenance in the 77th Street project area, which totaled $78,286.46, against the properties that benefited from this work. PROPOSED AMOUNT OF ASSESSMENT: The total amount to be assessed against all properties is $78,286.46. The amount to be assessed against your particular property is: $XXXXX. Payment can be made after the assessment is adopted and before September 12, 2012 at the City of Richfield Assessor's office, 6700 Portland Avenue, Richfield, MN 55423. Please make your check payable to the City of Richfield. A copy of the proposed assessment roll is on file for public inspection at the City Clerk's office, 6700 Portland Avenue South, Richfield, Minnesota. THIS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT. NO SEPARATE BILLING WILL OCCUR. PLEASE DO NOT MAIL PAYMENT BEFORE THE ASSESSMENT HEARING ON SEPTEMBER 10, 2013. 6700 PORTLAND AVENUE, RICHFIELD, MINNESOTA 55423 612.861.9700 FAX: 612.861.9749 SPublic Works Department PAYMENT OF ASSESSMENT: You may pay your assessment at any time after the assessment has been adopted by presenting a check to the City Treasurer at the Assessor's office, 6700 Portland Avenue South, Richfield, Minnesota 55423. Unpaid assessments accrue interest at the rate of five percent (5%) per year. The amount of interest payable depends upon when your payment is made, and the following deadlines apply: Payment within 30 days of adopted assessment: The property owner may pay the original principal amount without interest within 30 days from the date the Council adopts the assessment, scheduled for Tuesday, September 13, 2013. If the original principal amount is not paid, the assessment will be charged five percent (5%) interest. Payment on or after 10/10/13: Payments received on or after 10/10/2013 but before 11/15/2013 will be charged interest at the rate of 5% through the date of payment. Payments are not accepted between November 15, 2013 and January 1, 2014. After January 1, 2014 payments can be made on the outstanding balance not certified to the current year taxes anytime with interest through December 31 of the year in which payment is made. If no prepayment is made, the assessments are spread over five years. Interest will be charged at the rate of five percent (5%) annually. Interest is calculated for 16 months on the first year of the assessment and 12 months thereafter. There is a $2.50 surcharge per year over the five year life of the assessment when certified to the property tax. Questions regarding the assessment payment procedure should be directed to Debbie Guiher at 612-861-9710. DEFERRED ASSESSMENTS: Under Minnesota Stat. Secs. 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person who meets certain age or disability restrictions and for whom it would be a hardship to make the payments. The policy and procedure for deferment is set forth in City Resolution No. 9531, which may be obtained from the City Clerk. When deferment of the special assessment has been granted and is terminated for any reason provided in law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of the law and the resolution may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for deferral of this special assessment. HEARING PROCEDURE AND OBJECTIONS: The City Council will conduct a public hearing on the proposed assessment on the date and time listed. Written and oral objections will be considered at the meeting, but the Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon further notice to the affected property owners, as the Council deems advisable. The Council may adopt the proposed assessment at the same meeting as the hearing. RIGHT TO APPEAL: You have the right to appeal the City Council's adoption of the assessment. To appeal, you must serve notice of an appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment, and you must also file the notice of appeal with the Hennepin County District Court within ten days after service upon the Mayor or City Clerk. You may not appeal unless you file a written objection, signed by you, with the City Clerk prior to the hearing on Monday, September 10, 2013, or present the written objection to the presiding officer at the hearing on September 10, 2013. BY ORDER OF THE CITY COUNCIL THIS 13th DAY OF AUGUST 2013. Questions concerning this assessment amount should be directed to Chris Link, Operations Superintendent, at 612-861-9174. 6700 PORTLAND AVENUE, RICHFIELD, MINNESOTA 55423 612.861.9700 FAX: 612.861.9749 O vP� 1 r c I 111111 . 1 I Z - JI = cpcp - p _ z m .1111 A - I 4111111 --I x x :.9:1- m z m ��` x x 0 O - O 2 '4'Iii - - 0 H 111 o " I I m m - a111r11 lii H GARFIELD AVE S W O - (p _0 •' HARRIET AVE S „ _ _ _ _ _ GRAND AVE S 7i - N 1,/ r Ir z '_ ._. D,' m - x - w ., „ -1 ,, , ,..,,..: 5 . _ p 7 = . 1111111 m - "11111111 z �� 11 1111111 111 11 �� z ,, 1111111,_ _- _ I1 i1 C� r m m- EL m(1 Z - I- ,.. H . W H Q m — /T�■ A I 3 P � '1111111 __ I �. PI1 - m -7,1 n m p 1 rF - 1 I/11 - az - _ if b0 - T 4111111111 - "J El] , m AGENDA SECTION: PUB.HEARING AGENDA ITEM# 9 REPORT# 181 STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 10, 2013 REPORT PREPARED BY: CHRIS LINK, OPERATIONS SUPERINTENDENT NAME,TITLE DEPARTMENT DIRECTOR REVIEW: a / / SIGNATURE OTHER DEPARTMENT REVIEW: / SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the attached resolutions pertaining to the annual Lyndale/HUB/Nicollet (LHN) maintenance assessment process. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: 1. Adopt the attached resolution proposing to assess commercial properties in the Lyndale/HUB/Nicollet (LHN) district for costs incurred to maintain the area for 2012. 2. Adopt the attached resolution proposing a similar assessment process to be implemented for 2014. II. EXECUTIVE SUMMARY The Lyndale/HUB/Nicollet (LHN) maintenance assessment was established to recover extraordinary maintenance expenses in the LHN area in 1981. The extraordinary services include irrigation, weeding and mowing of landscaped areas. The LHN Redevelopment Area is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue. 091013LHNAssess Staff is recommending the City Council: 1. Assess $32,244.53 against the LHN properties for work done in 2012. 2. Propose a similar assessment process for 2014. III. BASIS OF RECOMMENDATION A. BACKGROUND • City staff has determined actual costs of current services to be assessed for the 2012 maintenance of this area to be $32,244.53, and the estimated cost for 2014 maintenance to be $50,000. • Fluctuations in expenditures for maintenance of LHN are caused by a number of factors: o Weather determines water usage and irrigation costs o Street light knockdowns are never foreseeable and very expensive o The need to paint streetlights o Concrete repair varies from year to year. B. POLICY • Section 825 of the City Code indicates "current services" mean one or more of the following: (a) snow, ice, or rubbish removal from sidewalks; (b) weed elimination from streets or private property; (c) removal or elimination of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes, sections 463.15 to 463.26; (d) installation or repair of water service lines; (e) street sprinkling, sweeping, or other dust treatment of streets; (f) the trimming and care of trees and the removal of unsound trees from any street; (g) the treatment and removal of insect-infested or diseased trees on private property; (h) the repair of sidewalks and alleys; (i) the operation of a street lighting system; (j) the maintenance of landscaped areas, decorative parks and other public amenities on or adjacent to street right-of-way; and (k) snow removal and other maintenance of streets in commercial redevelopment areas. • Resolution No. 6372, adopted in 1981, established a policy for assessing the costs. • Staff has calculated the proper amounts to be assessed against every assessable lot, piece or parcel of land specially benefited. • The City does not assess residential properties for maintenance costs in the LHN maintenance district. • The proposed assessment was properly filed with the City Clerk. • The Public Hearing Notice was published in the official newspaper on Aug 29 & Sept 5, 2013. • Notice of the public hearing for the proposed maintenance costs in 2012 was mailed to all owners on the assessment roll on August 21, 2013 meeting the two-week notification requirement. C. CRITICAL TIMING ISSUES • On or before September 1 of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. D. FINANCIAL • Estimated and actual costs for the LHN maintenance services from 2002-2013 are: Year Estimated Actual 2002 $50,000 $35,136.62 2003 $50,000 $37,785.67 2004 $50,000 $44,031.39 2005 $50,000 $45,385.31 2006 $50,000 $45,648.56 2007 $50,000 $51,605.29 2008 $50,000 $49,999.99 2009 $50,000 $49,747.02 2010 $50,000 $32,459.40 2011 $50,000 $39,090.87 2012 $50,000 $32,244.53 2013 $50,000 • City ordinance provides that special assessments for current services may be certified to the County Auditor for collection along with taxes. This certification may provide that the assessments be completely paid in the first year. • No interest will be charged if the entire assessment is paid before October 10, 2013. After that date, the City has the right to charge interest on the amount assessed in that the City provided the funds for the initial expense. It is recommended that the interest rate be established at five percent (5%). • The estimated maintenance cost for the period January 1, 2014 through December 31, 2014 is $50,000. All commercial properties would be assessed on a square foot basis. All residential properties, plus the two churches in the area, would be exempt from the special assessment levy. E. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Council may make any changes to the assessment roll as a result of the public hearing by adding the phrase "and has amended such proposed assessment as it deems just." V. ATTACHMENTS • Resolution adopting assessments for LHN Maintenance in 2012. • Resolution proposing to specially assess for current services in 2014. • The 2012 assessment roll • The 2014 assessment roll • Copy of letter sent to assessed property owners • Graphic displaying LHN special assessment district VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Property owners on assessment roll. RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT FOR LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1, 2012 THROUGH DECEMBER 31, 2012 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and passed upon all objections to the proposed assessment for current services related to maintenance of the Lyndale/Hub/Nicollet (LHN) Redevelopment Area, which is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue in the City of Richfield. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: Such proposed assessment roll, in the total amount of$32,244.53 is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of assessment levied against it. Such assessment shall be payable before or during 2013 and shall bear interest at the rate of five percent (5%) from the date of adoption of this assessment resolution. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the City's Finance Division, and may, at any time thereafter, pay to the City's Finance Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31st of the year in which payment is made. Such payment must be made before November 15th or interest will be charged through December 31st of the succeeding year. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the proper tax lists of the County and such assessment shall be collected and paid over in the same manner as other municipal taxes. Passed by the City Council of the City of Richfield, Minnesota, this 10th day of September, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE JANUARY 1, 2014 THROUGH DECEMBER 31, 2014 WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did establish a special assessment district and did propose that certain services be undertaken by the City in the Lyndale/HUB/Nicollet Redevelopment Area approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue and that the cost of such services be specially assessed against benefited property; and WHEREAS, the City Council of the City of Richfield did also by such resolution set the date of public hearing on the undertaking of such current service project and the levying of special assessment to bear the cost thereof; and WHEREAS, following due notice, such public hearing was held on September 10, 2013 at which time all interested parties desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That the following examples of current services of the City shall be undertaken by the City within the LHN Redevelopment Project Area, which area constitutes the special assessment district with the exception of single family, two family and multifamily residential properties, with the cost of such services to be specially assessed against the benefited property within the district: a. Snow, ice or rubbish removal; b. Weed elimination; c. Elimination or removal of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes Section 463.15 to 463.26; d. Installation and repair of water service lines; e. Street sprinkling or other dust treatment of streets; f. Trimming and care of trees and the removal of unsound trees; g. Repair of sidewalks, crosswalks and other pedestrian walkways; h. Operation of the street lighting system; Maintenance of landscaped areas and other public amenities on or adjacent to street right-of-way; j. Maintenance of civic plaza; k. Snow removal and other maintenance of streets; I. repair of furniture; and m. General maintenance, including repairs and replacement. 2. The work to be performed may be by day labor, by City force, by contract or by any combination thereof. (31 - 5 3. The designated period of the project shall be from January 1, 2014 through December 31, 2014. Costs of the project shall be collected in the manner provided in the Richfield Ordinance Code. Passed by the City Council of the City of Richfield, Minnesota, this 10th day of September, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • I _ 1 2012 Actual Charges - LHN Maintenance aillikagti a ' ,f sas,. f= Parcet Address. .;. t a ... <,c , Owner? .=s ......,. <.ng atigaiatti ERS7444011 2702824130001 6445 NICOLLETAVE S WELLS FARGO BANK $430.83 39,982 2702824130052 6401 NICOLLETAVENUE SOUTH HUYEN NGUYEN/YEN BUI $146.15 13,563 2702824130053 6425 NICOLLETAVENUE SOUTH HEADWAY EMOTIONAL HEALTH SERVICES $317.39 29,455 2702824130115 16 EAST66TH STREET JOHN LEE $37.76 3,504 2702824130116 6501 NICOLLETAVE SOUTH RICHFIELD SHOPPES LLC MIDWEST MGMT $1,526.44 141,658 2702824230010 6467 LYNDALE AVENUE SOUTH HNC PROPERTIES,LLC $326.34 30,285 2702824230064 6430 LYNDALE AVENUE SOUTH LYNDALE GARDENS LLC $299.68 27,811 2702824230074 6439 LYNDALE AVENUE SOUTH HNC PROPERTIES LLC $543.20 50,411 2702824230082 300 WEST 66TH STREET NW BELL TELEPHONE CO.CENTURY LINK $1,322.00 122,686 2702824230084 6436 LYNDALE AVENUE SOUTH DVM PROPERTIES INC. $87.52 8,122 2702824230085 6438 LYNDALE AVENUE SOUTH RUSSELL L.JAHN $65.56 6,084 2702824230086 6440 LYNDALE AVENUE SOUTH RUSSELL L.JAHN $130.58 12,118 2702824230087 6444 LYNDALEAVENUESOUTH CITYOFRICHFIELD-FINANCE $235.07 21,815 2702824230088 6444 LYNDALE AVENUE SOUTH CITY OF RICHFIELD-FINANCE $249.44 23,149 2702824230090 6500 LYN DALE AVENUE SOUTH NEARCO II,LLC $296.11 27,480 2702824230105 6501 WOODLAKE DRIVE C/O SILVER CREST PROPERTIES LLC $97.23 9,023 2702824230106 6501 WOODLAKE DRIVE SILVER CREST PROPERTIES LLC $24.51 2,275 2702824230107 704 WEST 66TH STREET SILVER CREST PROPERTIES LLC $2,037.36 189,073 2702824230111 6501 LYNDALE AVENUE SOUTH LYNDALE STATION LLC $1,512.35 140,351 2702824230112 6525 LYNDALE AVENUE SOUTH LYNDALE STATION LLC $713.56 66,220 2702824230113 6545 LYN DALE AVENUE SOUTH LYN DALE STATION LLC $572.24 53,105 2702824240040 6410 NICOLLETAVENUE SOUTH KIM MAI PROPERTIES,LLC $110.56 10,260 2702824240057 6440 NICOLLETAVENUE SOUTH RICHFIELD MEDICAL BUILDING PARTNERSHIP LLC $159.79 14,829 2702824240060 6500 NICOLLETAVENUE SOUTH BREMER BANK NATIONAL ASSOCIATION $841.58 78,101 2702824240061 199 65TH ST W BRIXMORE SPE 1 LLC $6,239.86 579,078 2702824240063 220 WEST 66th STREET AFC ENTERPRISES INC $294.00 27,284 2702824240064 100 WEST66TH STREET BRIXMORE SPE 1 LLC $1,555.16 144,324 2702824240065 6412 NICOLLETAVENUE SOUTH LNS REAL ESTATE PRTSHP $291.64 27,065 2702824320126 6701 LYNDALE AVENUE SOUTH PAUL J ZILKA $161.49 14,987 2702824320127 6645 LYN DALE AVENUE SOUTH RICHFIELD STATE AGENCY INC $545.46 50,620 2702824320130 400 WEST 67TH STREET PINES INVESTMENTS LLC STEVE KIRCHNER $681.14 63,212 2702824320132 67TH STREET WEST&LYN DALE AVENUE SOUTH WOODLAKE-VEFIV LLC AREA/PROPERTY PARTNERS $105.29 9,771 2702824320133 GRAND AVENUE SOUTH&67TH STREET WEST PINE INVESTMENTS LLC STEVE KIRCHNER $277.25 25,730 2702824320137 6601 LYNDALE AVENUE SOUTH WOODLAKE-VEFIVLLC AREA/PROPERTY PARTNERS $1,631.58 151,416 2702824320138 407 WEST 66TH STREET WOODLAKE-VEFIV LLC AREA/PROPERTY PARTNERS $199.06 18,473 2702824320451 6640 LYNDALE AVENUE SOUTH CITY BELLA COMMERCIAL LLC $1,919.67 178,151 2702824420078 6601 NICOLLETAVENUE SOUTH RICHFIELD SHOPPES LLC $820.05 76,103 2802824110002 6330 LYNDALE AVENUE SOUTH LYNDALE GARDENS LLC $201.15 18,667 2802824110088 6400 LYNDALE AVENUE SOUTH LYNDALE GARDENS LLC $4,369.26 405,481 2802824140010 800 WEST66TH STREET JBB PROPERTIES,LLC $560.16 51,985 2802824410039 826 WEST 66TH STREET REALTY INCOME PROPERTIES 3,LLC $309.06 28,682 $32,244.53 2,992,389.26 °I - 5 2014 Pro posed Charges - LHN Maintenance 21111001.11 ...,:.' 1st1111 1. •114►e55 t 1,1 ,_.1 ...:. :E , x . _;,e h 11 4V•.„.,.. 1.., At110_lM2 ai g54... .... 2702824130001 6445 NICOLLET AVE S WELLS FARGO BANK $668.06 39,982 2702824130052 6401 NICOLLETAVENUE SOUTH HUYEN NGUYEN/YEN BUI $226.62 13,563 2702824130053 6425 NICOLLET AVENUE SOUTH HEADWAY EMOTIONAL HEALTH SERVICES $492.17 29,455 2702824130115 16 EAST66TH STREET JOHN LEE $58.55 3,504 2702824130116 6501 NICOLLETAVE SOUTH RICHFIELD SHOPPES LLC MIDWEST MGMT $2,366.97 141,658 2702824230010 6467 LYNDALE AVENUE SOUTH HNC PROPERTIES,LLC $506.03 30,285 2702824230064 6430 LYNDALE AVENUE SOUTH LYNDALE GARDENS LLC $464.70 27,811 2702824230074 6439 LYN DALE AVENUE SOUTH HNC PROPERTIES LLC $842.32 50,411 2702824230082 300 WEST 66TH STREET NW BELL TELEPHONE CO.CENTURY LINK $2,049.97 122,686 2702824230084 6436 LYNDALE AVENUE SOUTH DVM PROPERTIES INC. $135.71 8,122 2702824230085 6438 LYNDALE AVENUE SOUTH RUSSELL L.JAHN $101.66 6,084 2702824230086 6440 LYNDALE AVENUE SOUTH RUSSELL L.JAHN $202.48 12,118 2702824230087 6444 LYNDALEAVENUESOUTH CITY OF RICHFIELD-FINANCE $364.51 21,815 2702824230088 6444 LYNDALE AVENUE SOUTH CITY OF RICHFIELD-FINANCE $386.80 23,149 2702824230090 6500 LYNDALEAVENUESOUTH NEARCOII,LLC $459.16 27,480 2702824230105 6501 WOODLAKE DRIVE C/O SILVER CREST PROPERTIES LLC $150.77 9,023 2702824230106 6501 WOODLAKE DRIVE SILVER CREST PROPERTIES LLC $38.01 2,275 2702824230107 704 WEST 66TH STREET SILVER CREST PROPERTIES LLC $3,159.23 189,073 2702824230111 6501 LYNDALEAVENUESOUTH LYN DALE STATION LLC $2,345.13 140,351 2702824230112 6525 LYNDALE AVENUE SOUTH LYNDALE STATION LLC $1,106.48 66,220 2702824230113 6545 LYN DALE AVENUE SOUTH LYNDALE STATION LLC $887.34 53,105 2702824240040 6410 NICOLLETAVENUE SOUTH KIM MA PROPERTIES,LLC $171.43 10,260 2702824240057 6440 NICOLLETAVENUE SOUTH RICHFIELD MEDICAL BUILDING PARTNERSHIP LLC $247.78 14,829 2702824240060 6500 NICOLLET AVENUE SOUTH BREMER BANK NATIONAL ASSOCIATION $1,304.99 78,101 2702824240061 199 65TH ST W BRIXMORE SPE 1 LLC $9,675.85 579,078 2702824240063 220 WEST 66th STREET AFC ENTERPRISES INC $455.89 27,284 2702824240064 100 WEST66TH STREET BRIXMORE SPE 1 LLC $2,411.52 144,324 2702824240065 6412 NICOLLETAVENUE SOUTH LNS REAL ESTATE PRTSHP $452.23 27,065 2702824320126 6701 LYNDALEAVENUESOUTH PAULJZILKA $250.42 14,987 2702824320127 6645 LYNDALE AVENUE SOUTH RICHFIELD STATE AGENCY INC $845.81 50,620 2702824320130 400 WEST 67TH STREET PINES INVESTMENTS LLC STEVE KIRCHNER $1,056.21 63,212 2702824320132 67TH STREET WEST&LYNDALE AVENUE SOUTH WOODLAKE-VEF IV LLC AREA/PROPERTY PARTNERS $163.26 9,771 2702824320133 GRAND AVENUE SOUTH&67TH STREET WEST PINE INVESTMENTS LLC STEVE KIRCHNER $429.92 25,730 2702824320137 6601 LYNDALEAVENUESOUTH WOODLAKE-VEFIV LLC AREA/PROPERTY,PARTNERS $2,530.02 151,416 2702824320138 407 WEST66TH STREET WOODLAKE-VEF IV LLC AREA/PROPERTYPARTNERS $308.67 18,473 2702824320451 6640 LYNDALEAVENUESOUTH CITY BELLA COMMERCIAL LLC $2,976.74 178,151 2702824420078 6601 NICOLLETAVENUE SOUTH RICHFIELD SHOPPES LLC $1,271.61 76,103 2802824110002 6330 LYNDALE AVENUE SOUTH LYNDALE GARDENS LLC $311.91 18,667 2802824110088 6400 LYN DALE AVENUE SOUTH LYNDALE GARDENS LLC $6,775.20 405,481 2802824140010 800 WEST 66TH STREET JBB PROPERTIES,LLC $868.62 51,985 2802824410039 826 WEST 66TH STREET REALTY INCOME PROPERTIES 3,LLC $479.25 28,682 $50,000.00 2,992,389.26 City of Richfield Public Works Department August 21, 2013 Name Address City, State, Zip Property ID: Property Address: NOTICE OF ASSESSMENT HEARING NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CERTAIN SERVICES OF THE CITY WITHIN THE LYNDALE/HUB/NICOLLET REDEVELOPMENT AREA FROM JANUARY 1, 2012- DECEMBER 31, 2012 NOTICE IS HEREBY GIVEN that the Richfield City Council will hold an assessment hearing on the date and at the time and place given below, to pass upon the proposed assessment for the maintenance services to that area known as the Lyndale/Hub/Nicollet (L/H/N) Redevelopment Area in the City. DATE, TIME AND PLACE OF HEARING: September 10, 2013 at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda, at Richfield City Hall, 6700 Portland Avenue South, Richfield, Minnesota 55423 NATURE OF IMPROVEMENT AND AREA TO BE ASSESSED: From January 1, 2012 through December 31, 2012 the City of Richfield incurred costs for maintenance of the LHN Redevelopment area, including such work as landscape maintenance of common properties, including mowing, fertilizing, irrigation repair and other maintenance services. The City proposes to assess the costs for maintenance in the LHN Redevelopment area, which totaled $32,244.51 against the properties that benefited from this work. PROPOSED AMOUNT OF ASSESSMENT: The total amount to be assessed against all properties is $32,244.51. The amount to be assessed against your particular property is: $XXXXX. Payment can be made after the assessment is adopted and before October 10, 2013 at the City of Richfield Assessor's office, 6700 Portland Avenue, Richfield, MN 55423. Please make your check payable to the City of Richfield. A copy of the proposed assessment roll is on file for public inspection at the City Clerk's office, 6700 Portland Avenue South, Richfield, Minnesota. THIS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT. NO SEPARATE BILLING WILL OCCUR. PLEASE DO NOT MAIL PAYMENT BEFORE THE ASSESSMENT HEARING ON SEPTEMBER 10, 2013. PAYMENT OF ASSESSMENT: You may pay your assessment at any time after the assessment has been adopted by presenting a check to the City Treasurer at the Assessor's office, 6700 Portland Avenue South, Richfield, Minnesota 55423. Unpaid assessments accrue 6700 PORTLAND AVENUE, RICHFIELD, MINNESOTA 55423 612.861.9700 FAX: 612.861.9749 c -1 interest at the rate of five percent (5%) per year. The amount of interest payable depends upon when your payment is made, and the following deadlines apply: Payment within 30 days of adopted assessment: The property owner may pay the original principal amount without interest within 30 days from the date the Council adopts the assessment, scheduled for September 10, 2013. If the original principal amount is not paid, the assessment will be charged five percent (5%) interest. Payment on or after October 10, 2013 Assessments are spread over five years. Interest at the rate of five percent (5%) will be charged. Interest is calculated for 17 months on the first year of the assessment and 12 months thereafter. There is a $2.50 surcharge per year over the five year life of the assessment when certified to the property tax. Questions regarding the assessment payment procedure should be directed to Debbie Guiher at 612-861-9710. DEFERRED ASSESSMENTS: Under Minnesota Stat. Secs. 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person who meets certain age or disability restrictions and for whom it would be a hardship to make the payments. The policy and procedure for deferment is set forth in City Resolution No. 9531, which may be obtained from the City Clerk. When deferment of the special assessment has been granted and is terminated for any reason provided in law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of the law and the resolution may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for deferral of this special assessment. HEARING PROCEDURE AND OBJECTIONS: The City Council will conduct a public hearing on the proposed assessment on the date and time listed. Written and oral objections will be considered at the meeting, but the Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon further notice to the affected property owners, as the Council deems advisable. The Council may adopt the proposed assessment at the same meeting as the hearing. RIGHT TO APPEAL: You have the right to appeal the City Council's adoption of the assessment. To appeal, you must serve notice of an appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment, and you must also file the notice of appeal with the Hennepin County District Court within ten days after service upon the Mayor or City Clerk. You may not appeal unless you file a written objection, signed by you, with the City Clerk prior to the hearing on September 10, 2013, or present the written obiection to the presiding officer at the hearing on September 10, 2013. BY ORDER OF THE CITY COUNCIL THIS 13 DAY OF AUGUST, 2013. Questions concerning this assessment amount should be directed to Chris Link, Operations Superintendent, at 612-861-9174. W 1 I HI I z--■1\--),„-r--1 r , . ,.„„, And 1s s-r 3 I k E2 0 61 V F— ir S And IA1IOOIN O, M W ! Oz Z t$ _ 'a Z f S and 1130sIVIS I 0 aW � < x S And HIHOM±NRM W Z Ct 'CT)Millik H.i A J cn HIE U S And AH118S111d / ( ( ( L 4 I-- CO CO 121 1NVSVA1d I W aNda0 U I i1 ■ Z ,„4 131aadH IN < .hh4 46..i. ; 14.0 no 41•1 III t..,:ii, ;i1 loam z , w 3 pie■ ._* a. IN 44!"-- N jl yrs T. s gU v QP 0 o a• ` Alla t cg 44 Lo < CI1V .77 1/6) Ng 2 , .. u N ,-. / -7 ' t e_ O sae . o Lo 00 ,00 � p\,,,,,d in J lJ S NOSadW3 LO N CV Iodna A ---,,,,, ,,„,. 1 o L. AGENDA SECTION: PROP.ORD. AGENDA ITEM# 10 REPORT# 182 milAll STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 10, 2013 REPORT PREPARED BY: CHRIS LINK, OPERATIONS SUPERINTENDENT NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 12( /)14 7 SIGNATURE OTHER DEPARTMENT REVIEW: ❑ NI II SIGNA f i REVIEWED BY CITY MANAGER: / ■40 I.....e—,,1-4/ ' ITEMS FOR COUNCIL CONSIDERATION: Consideration of an ordinance relating to street light banners. Approval to issue Penn Central of Richfield a permit following the second reading of the ordinance. I. RECOMMENDED ACTION: By Motion: 1. Approve the second reading of the attached ordinance related to street light banners. 2. Approve resolution for summary publication of ordinance. 3. Approve Penn Central's street light banner permit. II. EXECUTIVE SUMMARY The Public Works Department is proposing a "Street Light Banner Ordinance" to the City Code as a new Section 855. This ordinance would allow decorative and event-oriented street light banners within public rights-of-way to aide in the promotion of the City and Community. The purpose of this ordinance is to regulate the placement, type, appearance, and servicing of banners within public rights-of way. City staff is also requesting approval for Penn Central to move forward with a decorative banner permit application, with issuance of the permit following the 09102013Banners 429242v1 MDT RC160-4 second reading of the ordinance. This would allow for the installation of banners in time for Penn Fest, which is scheduled for September 15, 2013. III. BASIS OF RECOMMENDATION A. BACKGROUND • In April of 2013, Penn Central of Richfield asked the City if they could install banners on the City's street light poles with the goal of having them installed in time for Open Streets at Penn Fest. Because this was the first external request for street light banners, City Staff with the direction of the City Council, created an ordinance. • On June 20th, City Staff held a worksession with Council Members to receive further guidance. At this worksession, Penn Central requested to have advertising on its banners for the various businesses along this corridor. City Staff were directed to research the implications of allowing advertising on street light banners and to then provide a proposed ordinance. B. POLICY • With input from the City Attorney, Community Development, business members and other cities' policies, staff is recommending against allowing advertising on banners. • The only exception to this policy would be on event banners where there is a sponsor. In this case, only 15% of the banner may have sponsorship information. • Staff's recommendation to prohibit advertising on banners is based on several factors. Many cities, including St. Paul and Minneapolis, have similar ordinances that prohibit the use of banners for advertising of specific businesses, products or services. This is consistent with the purpose of such ordinances, which is to regulate the use of the public right-of-way and to serve the public's interest through promotion of community events and neighborhood identification. The ordinance is not intended to serve as an advertising avenue for private businesses. • Allowing private, commercial advertising on street light banners has some legal implications as well. First, if the banner ordinance allows advertising ("commercial speech"), but prohibits political issues or messages, then the ordinance could be subject to a constitutional challenge because it gives more favorable treatment to commercial speech. Second, the prohibition on advertising in the public right-of- way is consistent with the state's policy and laws against advertising within the limits of certain highways. Third (and perhaps more unlikely, but still a concern), allowing advertising on the banners could potentially open the door to complaints from businesses that do not have the opportunity to advertise in a similar manner. C. CRITICAL TIMING ISSUES • The first reading of the ordinance was approved at the August 13, 2013 meeting. If the second reading is approved on September 10, 2013 the effective date of the ordinance (30 days after publication in 429242v1 MDT RC160-4 the Sun Current) would fall after Penn Fest (Sunday, September 15, 2013). City staff is therefore recommending that Penn Central be issued a street light banner permit after the second reading of the ordinance, so that banners may be installed in time for Penn Fest. • In order to ensure the installation of street light banners meets the Penn Fest deadline, staff has committed to the following: o The Traffic Control Committee considered the application Tuesday 8/27/13 o The City Council will be considering the second read of the banner ordinance 9/10/13 o The Penn Avenue Open Streets event is 9/15/13 o City staff will install the banners 9/11/13, the day after the City Council meeting o Once Penn Central receives the banners/brackets City Staff will test at least one bracket and banner on a pole to make sure the hardware works on the pole. City Staff will leave the banner in place for pictures for Open Streets promotion. o Crews may install all the brackets prior to 9/11/13 to facilitate the banner installation that day. D. FINANCIAL • See attached proposed Fee Schedule. E. LEGAL • The City Attorney has reviewed the ordinance and will be in attendance to answer any questions. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • City Council could decide to not approve the ordinance, and direct Staff on how to proceed. V. ATTACHMENTS • Street Light Banner Ordinance • Fee Schedule • Resolution for summary publication VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Penn Central of Richfield 429242v1 MDT RC160-4 ) b - I BILL NO. AN ORDINANCE RELATING TO STREET LIGHT BANNERS; AMENDING CHAPTER 8 OF THE RICHFIELD CITY CODE BY ADDING A NEW SECTION 855 THE CITY OF RICHFIELD DOES ORDAIN: Chapter 8, Section 855 is added to read as follows: SECTION 855. STREET LIGHT BANNERS 855.01. Purpose and criteria. The purpose of the following is to regulate the placement, type, appearance, and servicing of banners within public rights-of-way so as to: • Aid in the promotion of cultural and civic events. • Promote the city and city-sponsored programs. • Identify business districts within the city. • Complement the city's beautification efforts. • Control visual distractions to traffic and directional signage. • Provide a unified and consistent appearance to city streets. 855.03. Definitions. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Subdivision 1. Street Light Banner. Any rigid or flexible material containing a static message directed at the public, either by means of a symbol, graphic design or text attached to poles in the public right-of-way. Any flag, bunting, swag, ribbon, ornament, trimming, lights or other embellishments. Street light banners include both decorative and event-oriented banners. Subd. 2. Public right-of-way. "Public right-of-way" has the meaning given it in Minnesota Statutes, section 237.162, subdivision 3. Subd. 3. Public works department. Public Works Department means the public works department, or the public works department's designee. Subd. 4. Supporting hardware. Any bracket, wire, clamp, collar or other manufactured product necessary to attach, hold or fix in place a street light banner. Any electrical or mechanical device ancillary to a street light banner. Subd. 5. District. Any area defined by a planning study area or an established redevelopment district. Subd. 6. City Manager. City Manager means the City Manager, or the City Manager's designee. 855.05. Permit required;procedure, conditions. Subdivision 1. Permit Required. Any person or agency desiring to have a street light banner and supporting hardware installed over any public right-of-way or city-owned property must first obtain a permit approved by the City Manager. 429242v1 MDT RC160-4 lb - a\ Subd. 2. Process. An application shall be submitted on a form prepared by the Public Works Department and shall contain, but not be limited to, the following information: (a) The name, address and telephone number of the person making the application and payment and to whom the permit will be issued; (b) The district or event to which the banners apply; (c) A color, graphic sample of the street light banner; (d) The specific dimensions and material of the street light banner; (e) A detailed map depicting the proposed specific location of each installation located in a consistent manner throughout the district; (f) The specific requested installation and removal dates for the street light banners. Subd. 3. Conditions. All street light banners and permits are subject to the following conditions: (a) All Street Light Banners 1. Permittees must supply the banners; 2. Permittees are responsible for paying the cost of installation and removal; 3. A nonrefundable application fee shall be charged in accordance with a schedule established by the City Council; 4. All street light banners, together with any supporting hardware, shall be installed and removed only by the Public Works Department; 5. All street light banners will be taken down within five (5) days after the date of the expiration of such permit; 6. If the permit is denied by the City Manager, the person or agency desiring to install the street light banner(s) may petition the Council by appealing through the City Manager; 7. All street light banners must be two-sided. (b) Decorative Street Light Banners 1. There is an annual renewal fee (fees schedule in Appendix D) for decorative street light banners. 2. The permittee is also required to supply the City with replacement banners within 30 days of notification of damage or fading, or risk removal of all banners at the permittee's expense. (c) Event Street Light Banners 1. Event banners may be installed no earlier than two weeks prior to the event 2. If the event is an annual event and the content and placement of the banners has not changed, then only a renewal permit and any replacement banners are required. 855.07. Decorative Street Light Banner Content. Decorative street light banners are subject to the following requirements: Subdivision 1. Decorative street light banners may identify a historical location, a place of public interest benefiting the city, or to promote arts and culture. 429242v1 MDT RC160-4 1D - Subd. 2. Decorative street light banners shall not be used to advertise specific businesses, products, or services. Subd. 3. Decorative street light banners shall not be used to advertise or promote political candidates, parties, issues, or messages. 855.08. Event Street Light Banner Content. Event street light banners are subject to the following requirements: Subdivision 1. Event street light banners must identify an event of public interest taking place within or benefiting the city. Event street light banners may include a logo, name or symbol of the sponsoring agency, provided that no more than 15% of the banner area is utilized for such purpose. Subd. 2. Decorative street light banners shall not be used to advertise specific businesses, products, or services. Subd. 3. Event street light banners shall not be used to advertise or promote political candidates, parties, issues, or messages. 855.09. Clearance required. No street light banner or supporting hardware shall be installed unless they shall have a clearance over and above the right-of-way as shall be designated and required by the Public Works Department with due regard to public safety, surrounding circumstances, and physical conditions of the area. 855.10. Banner Maintenance, The City reserves the right to remove street light banners because of construction, fading, damage, or any other practical reason, at the permittee's expense. 855.11. Permanent supporting hardware. Wherever any supporting hardware (not including electrical wires or fixtures) are installed that are intended to be kept and maintained as permanent. The Public Works Department, if at any time in their judgment, may require them to be removed or repaired. 855.13. Street Light Banner Dimensions. Street light banner dimensions must be uniform within the district and will be based on the location of the banner and the wind load limits for the type of street light. However, the dimensions may not exceed 16.25 square feet. 855.15. Revocation of permit. Any violation of this Section shall be grounds for the revocation Of any permits granted, and any person violating the provisions of this Section may be denied any future permits for the purposes set out in this Section. 855.17. Violations a nuisance. Any street light banner or supporting hardware erected or maintained contrary to the provisions of this Section is declared to be a public nuisance, and any duly authorized city employee may remove or abate the same without any other warrant or authority other than this Section. 855.19. Severability. In the event that any subsection, subdivision, or clause of this Section is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, the decision shall in no manner affect the remaining portions of this Section, which shall remain in full force and effect. 429242v1 MDT RC160-4 1D-5 NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. WHEREAS, the City has adopted the above referenced ordinance; and WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of publication of the complete text is not justified; and WHEREAS, the following summary clearly informs the public of the intent and effect of the ordinance. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES BY ADDING A NEW SECTION 855 RELATING TO THE REGULATION OF STREET LIGHT BANNERS On September 10, the Richfield City Council adopted an ordinance designated as Bill No. , the title of which is stated above. This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The purpose of the ordinance is to regulate the placement, type, appearance, and servicing of street light banners within public rights-of way. Copies of the ordinance are available for public inspection in the office of the City Clerk during normal business hours or upon request by calling 612-861-9760 of the Community Development Division. Nancy Gibbs, City Clerk BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of the ordinance in her office at City Hall for public inspection and to post a full copy of the ordinance in a public place in the City for a period of two weeks. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of September, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 429242v1 MDT RC160-4 AGENDA SECTION: RESOLUTION AGENDA ITEM# 11 REPORT# 183 STAFF REPORT RICHFIELD CITY COUNCIL MEETING immussimunir SEPTEMBER 10, 2013 REPORT PREPARED BY: MATT BRILLHART,PLANNING TECH. NAME,TITLE DEPARTMENT DIRECTOR REVIEW: El 4, 4111Mlas■ 9 - SIGNATURE OTHER DEPARTMENT REVIEW: ❑ N A 1111 fy REVIEWED BY CITY MANAGER: 111111 ITEM FOR COUNCIL CONSIDERATION: Consider approval of a Site Plan to allow an adult day care serving up to 29 persons at 6722 Penn Avenue. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution granting a Site Plan approval for a day care serving up to 29 persons at 6722 Penn Avenue. II. EXECUTIVE SUMMARY Chinese Social Service Center has applied for a permit to operate an adult day care serving up to 29 persons. A change in the use of a building requires Site Plan approval. This building was previously used as an office and meeting space. A day care serving up to 29 persons requires six parking spaces. Eight parking stalls are provided on site. The Planning Commission unanimously recommended approval of the Site Plan on July 22, 2013. The property management company is aware of site improvements that must be completed before a Certificate of Occupancy can be granted, including striping the parking lot with an accessible parking space and constructing an enclosure for trash containers. Additionally, an awning or covered entryway will be installed to bring the building into compliance with the Penn Avenue Corridor Design Guidelines. 091013 - 6722 Penn SP III. BASIS OF RECOMMENDATION A. BACKGROUND • N/A B. POLICY • A change in the use of a building requires Site Plan approval. • Day care uses require one parking space per five enrolled persons. The proposed center will serve a maximum of 29 persons and thereby requires six parking stalls. The proposed site plan includes eight parking stalls adjacent to the north side of the building. • An accessible parking space and loading area must be striped in accordance with ADA requirements. • The site includes landscaped plantings facing Penn Avenue. The plantings must be maintained to meet the intent of the Penn Avenue Design Guidelines. • The site is legally nonconforming with regard to impervious surface coverage. There is an opportunity to add a limited amount of pervious surface behind the building; however, staff does not believe that there would be any tangible benefit. • In evaluating a site plan, the Planning Commission and Council shall consider its compliance with the seven criteria outlined in Subsection 547.13 of the City Code and further articulated in the attached document. C. CRITICAL TIMING ISSUES • 60-DAY RULE: The 60-day clock `started' when this application was deemed complete on July 8, 2013. Notice of a deadline extension (up to a maximum of 60 additional days), as requested by the applicant, was sent on August 28, 2013. A decision must be given to the applicant by November 5, 2013. D. FINANCIAL • The required processing fee has been paid. E. LEGAL • A public hearing was held before the Planning Commission on July 22, 2013. The Planning Commission voted 4-0 to recommend approval with no additional stipulations. • Notice of the required public hearing was published in the Sun Current newspaper and mailed to properties within 350 feet of the proposal. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Recommend denial of the proposed Site Plan and change in use with a finding that the proposal does not meet Code requirements. V. ATTACHMENTS • Resolution • Site Plan approval requirements • Proposed plans • Planning & zoning maps • Photos VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Ms. Yi Li You, applicant • Skip Melin, property management representative RESOLUTION NO. RESOLUTION GRANTING APPROVAL OF A SITE PLAN TO ALLOW A COMMERCIAL DAY CARE FACILITY AT 6722 PENN AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of Site Plan to allow a commercial day care facility serving up to 29 persons for the parcel of land located at 6722 Penn Avenue, legally described as: Lots 5 and 6, Block 16, Tingdale Brothers Lincoln Hills Addition, Hennepin County, Minnesota WHEREAS, the requested Site Plan has been reviewed by the City Council and meets City requirements; and WHEREAS, the proposed Site Plan will adequately serve the urpose for which it is proposed and will not have an adverse effect upon the public safety or general welfare; and WHEREAS, the City has fully considered the request for approval for the Site Plan. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The City Council adopts as its Findings of Fact the WHEREAS clauses set forth above. 2. A Site Plan for a commercial day care facility serving up to 29 persons as described in City Council Report No. , on the Subject Property legally described above is approved. 3. The approved Site Plan is subject to the following conditions: • Required plantings in front of the building must be continuously maintained and include live plant materials during the spring, summer and fall and decor over the winter; • All trash must be stored inside the building or in an approved enclosure. Trash enclosure plans must be approved by staff prior to the issuance of a building permit; • The entrances to the building facing Penn Avenue must be covered; either by an overhang or the installation of awnings. • Parking lot must be re-striped in accordance with the approved plan, including one accessible parking space and loading area as close as possible to the accessible entrance; • The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City s Administrative Review Committee Report and compliance with all other City and State regulations. Permits are required prior to the commencement of any work; • This approval shall expire one year following the date of approval unless the use has commenced or a building permit has been obtained and construction begun. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of September 2013. 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AGENDA ITEM# 12 REPORT# 184 STAFF REPORT RICHFIELD CITY COUNCIL MEETING SEPTEMBER 10, 2013 REPORT PREPARED BY: ELIZABETH FINNEGAN, CIVIL ENGINEER AME,TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE OTHER DEPARTMENT REVIEW: [J N/' SIGNATU REVIEWED BY CITY MANAGER: r1 • .A.,...1140111 A. -a ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract for the East Route (Bloomington Avenue) portion of the Federal Bikeways Project. I. RECOMMENDED ACTION: By Motion: Accept the bid minutes/tabulation and award contract to AAA Striping Services in the amount of$266,280.88 for the East Route (Bloomington Avenue) portion of the Federal Bikeways Project. II. EXECUTIVE SUMMARY Earlier this summer the City received bids for both the East (Bloomington Avenue) and West (Humboldt) Bike Routes included in the Federal Bikeways Project. The bid far exceeded the project budget and was rejected. The plans were then modified to eliminate the West Route in order to re-bid only for the East Route before the grant sunsets (December 2013). Bids for the work were opened on August 29, 2013. AAA Striping Services was the lowest responsible bidder (bid tabulation attached). 091013FederalBikewaysContract The project consists of signage and on-street markings. There is no change to parking except on Bloomington Avenue from Diagonal Boulevard to 66th Street where parking will be restricted on the west side of the roadway. Public Input Three public meetings were held for the East Connection Route on the following dates: 1. March 3, 2010 at Mt. Calvary School 2. April 22, 2010 (Joint meeting both routes at Richfield Community Center) 3. June 23, 2010 (Joint meeting both routes at Richfield Community Center) Staff Visits: 1. On August 31, 2010 staff visited the residents on Bloomington Avenue in the blocks where parking would be restricted to one side of the street. Of the 54 properties visited, 17 were home at the time. A flyer with information and contact info was left at every house. 2. After the project delay, staff again visited residents on Bloomington Avenue on January 20, 2011. This time contact was made with 18 of the 54 residents. 3. A follow up visit was made on February 1, 2011 to further emphasize the request for comment on the proposed project. Most recently, the attached mailing was sent to the residents along the east route portion of the project in June of 2013. III. BASIS OF RECOMMENDATION A. BACKGROUND • The City received a federal grant in 2008 in the amount of$269,107 for construction of two bike routes under the Non-Motorized Transportation Pilot Project (NTPP). • The Transportation Commission recommended east and west bike routes based on significant public involvement and discussion. The City Council originally approved the selected east and west routes on February 8, 2011. • Originally the plans were bid in 2012, however no bids were received. • The project went out to bid a second time with a bid opening on July 16, 2013. One bid was received in the amount of$545,200, far exceeding the funds available for the project. This bid was rejected. • The plans were modified to eliminate the west route in order to complete the east route before the grant sunsets (December 2013). • City Council advised staff to re-bid the East Connection Route (Bloomington Avenue). This route is currently used by many bicyclists and connects to existing and planned bike routes at 76th Street and 12th Avenue in Richfield and at 62nd Street and Bloomington Avenue in Minneapolis. B. POLICY • All contracts over $100,000 require sealed bid to be solicited by public notice. • Council approval is required for expenditures over $50,000. C. CRITICAL TIMING ISSUES • In order to use the federal grant before it sunsets, funds must be spent in 2013. • The acceptance of the bid tabulation and the award of contract will allow the construction to occur in 2013. D. FINANCIAL • 2 bids were received for construction; the low bid was $266,280.88. • The Engineer's Opinion of Cost for construction was $263,240. • The project will be funded using federal funds under the NTPP. E. LEGAL • All contracts over $100,000 require sealed bid to be solicited by public notice. • The City attorney will be available to answer questions. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council may postpone the award of contract. V. ATTACHMENTS • Contract • Bid Minutes and tabulation • Routes Map • Residential Mailing VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. 1a- 1 HENNEPIN COUNTY, MINNESOTA CONTRACT FOR MUNICIPAL CONSTRUCTION State Project No. 157-091-005/157-091-006 City Project No. 41003 Contract No. 2793 Class of Work: Signing, pavement marking. THIS AGREEMENT, made on the tenth (10th) day of September, 2013, by and between the City of Richfield, Minnesota, acting by and through its Mayor and City Manager, herein called the "City," and AAA Striping Services, herein called the "Contractor," witnesseth; that the Contractor, in consideration of the payment of the contract price therefor, amounting substantially to TWO HUNDRED SIXTY-SIX THOUSAND, TWO HUNDRED EIGHTY DOLLARS AND EIGHTY-EIGHT CENTS ($ 266,280.88), agrees to furnish all materials (except such as are specified to be furnished by the City, if any), all necessary tools and equipment, and to do and perform all the necessary work and labor for the full completion of city projects as follows: Federal Bikeways Project City Project No. 41003 as shown in the approved plans, for the price and compensation set forth and specified in the proposal signed by the Contractor, which is hereto attached and hereby made a part of this Agreement, all in accordance with the plans, specifications and special provisions therefor on file in the office of the Public Works Department, City of Richfield, and hereby made a part of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The Contractor agrees that the work shall be done and performed in the best and most workmanlike manner; that all materials and labor shall be in strict conformity in every respect with the plans, specifications and special provisions for the improvement, shall be subject to inspection and approval of the City of a duly authorized engineer of the City, and in case any material or labor supplied shall be rejected by the City or engineer as defective or unsuitable, then such rejected material shall be removed and replaced with approved material and the rejected labor shall be done anew to the satisfaction and approval of the City or engineer and at the cost and expense of the Contractor. The contractor further agrees that he will commence work hereunder after September 10, 2013 and will have all work done and the improvement fully completed to the satisfaction and approval of the City Council of the City of Richfield, Minnesota, on or before November 22, 2013. Page 2 CITY OF RICHFIELD, HENNEPIN COUNTY, MINNESOTA CONTRACT FOR MUNICIPAL CONSTRUCTION State Project No. 157-091-005/157-091-006 City Project No. 41003 Contract No. 2793 Class of Work: Signing, pavement marking. Time is the essence of this Agreement for prompt completion and, if the Contractor shall fail to complete the work within the time herein specified, the City shall have the right to deduct from the unpaid part of the contract price fixed, agreed, and liquidated damages (it being impossible to determine the actual damages occasioned by the delay) for each calendar day of delay, until the work is completed. It is agreed, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which will delay the completion of specifications may extend the date hereinbefore specified for completion. In such case the Contractor shall become liable for said liquidated damages only for failure to perform within the time so extended. It is agreed also that delays caused by the elements or by strikes or other combined action of workmen employed in the construction or in the transportation of materials, but in no part caused or resulting from default or collusion on the part of the Contractor, shall be excused to the extent which the City may find and determine such conditions to have delayed completion within the time limit. The judgment of the City in fixing such amount shall be final and conclusive upon the parties hereto. It is distinctly understood and agreed that no claims for extra work done or materials furnished by the Contractor will be allowed by the City except as provided herein, nor shall the Contractor do any work or furnish any materials not covered by the plans, specifications, special provisions and this Agreement unless such work is first ordered in writing as provided in the specifications. Any such work or materials which may be done or furnished by the Contractor without such written order first being given shall be at his own risk, cost and expense and he hereby agrees that without such written order he will make no claim for compensation for work or materials so done or furnished. Page 3 CITY OF RICHFIELD, HENNEPIN COUNTY, MINNESOTA CONTRACT FOR MUNICIPAL CONSTRUCTION State Project No. 157-091-005/157-091-006 City Project No. 41003 Contract No. 2793 Class of Work: Signing, pavement marking. It is further agreed, anything to the contrary notwithstanding, that the City of Richfield, City Council and its agents or employees shall not be personally liable or responsible in any manner to the Contractor, Subcontractors, material men, laborers or to any person or persons whomsoever for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and improvement provided herein. Dated at Richfield, Minnesota, this tenth (10th) day of September, 2013. Signatures for AAA STRIPING SERVICES (Contractor) By Its Signatures for the CITY OF RICHFIELD, MINNESOTA By Debbie Goettel, Mayor By Steven L. Devich, City Manager CITY OF RICHFIELD, MINNESOTA Bid Opening August 29, 2013 10:00 a.m. Federal Bikeways Project Bid No. 13-11 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 the Federal Bikeways Project, as advertised in the official newspaper on August 15 & 22, 2013. Present: Nancy Gibbs, City Clerk Liz Finnegan, Civil Engineer Theresa Schyma, City Manager Representative The following bids were submitted and read aloud: Bidder's Name Bid Bond Non-collusion Total Base Bid AAA Striping Service Co. Provided Provided $ 266,280.88 St. Michael, MN Urban Companies Provided Provided $ 316,063.00 St. Paul, MN The City Clerk announced that the bids would be tabulated and considered at the September 10, 2013 City Council Meeting. Nancy Gibbs City Clerk 1 -5 ...411111 Non-Motorized Pilot Program Projects II . * *RICHFIELD City of Richfield, MN �.tr WEST PROJECT AREA EAST PROJECT AREA to It L 66th St OD, di �k ♦; Crc>sstcx+nt Ht 6? 62 67 `I" 'sz,s - Mild, /R 7T m P.,rk it ret 1 .I, .,t r, et sk ZL * i q (:d- s1,/ Sheridan ark y Read 53 , ; h St tlrr nail' 1 I`g i U UiI l �OHd 3l �. ��tiT , � Jefferson? I�irv,,�c 1 l 1 C} Pi iii Li3 Park o P::rk I <a.'S _ 1 rill II 1 11 11 Zm tF?P i' Q n a4t Wood i a v 70th St ' R PJ'iuret St rrr 70th St 0 IL— United c United Hebrew T T Cemetery • $4 t' i M 7T i S'naiEmet i,n; � Cemetery 4' x -t, t4' 24nk "inn, . . ref— TUWU_ J i�� f C r i ,alt;,,, =p— a" ,r,F'. IM f 4, MVP MINI u; mpg ,_,1 i(_� . , i 1) i' i '� f W 16th St tAr 7Eith 4t 'r - /.1 i( it if '1 1 I. it 5 IlLw 79th St ..._ E Igth St 1 ,I , t I r, --� 1 _ , LEGEND 0 TRANSIT STATION (EXSITINGlPROPOSED) ei MI REGIONAL TRAIL • • 0 • • ON-STREET ROUTE SIGNALIZED INTERSECTION la-- PROJECT UPDATE EAST CONNECTION BICYCLE ROUTE CONSTRUCTION TO BEGIN THIS SUMMER Project plans have been completed and approved for the Richfield East Connection Bike Route. The route, which was originally approved by the City Council in February of 2011, will consist of the following elements: 12th Avenue (76th Street to 73rd Street) & 73rd Street/Diagonal Blvd (Portland Avenue to 72nd St) - Signage and on-street markings, No change to parking Bloomington Avenue (Diagonal Blvd to 66th Street) - Signage and on-street markings, "No Parking" restrictions placed on west side of roadway. Bloomington Avenue (66th Street to 62nd Street) - Signage and on-street markings, No change to parking. Construction on the bike route is expected to begin in July and be completed this summer. Project maps, updates and more information can be found on the project website at: www.cityofrichfield.org/index.aspx?page=440 Please direct questions to Jeff Pearson, Transportation Engineer, at 612-861-9791. Date Mailed: June 13, 2013 PROJECT UPDATE EAST CONNECTION BICYCLE ROUTE CONSTRUCTION TO BEGIN THIS SUMMER Project plans have been completed and approved for the Richfield East Connection Bike Route. The route, which was originally approved by,the City Council in February of 2011, will consist of the following elements: 12th Avenue (76th Street to 73rd Street) & 73rd Street/Diagonal Blvd (Portland Avenue to 72nd St) - Signage and on-street markings, No change to parking Bloomington Avenue (Diagonal Blvd to 66th Street) - Signage and on-street markings, "No Parking" restrictions placed on west side of roadway. Bloomington Avenue (66th Street to 62nd Street) - Signage and on-street markings, No change to parking Construction on the bike route is expected to begin in July and be completed this summer. Project maps, updates and more information can be found on the project website at: www.cityofrichfield.org/index.aspx?page=440 Please direct questions to Jeff Pearson, Transportation Engineer, at 612-861-9791. Date Mailed: June 13, 2013 1 7 City of Richfield 6700 Portland Avenue South Richfield, MN. 55423 RICHFIELD UPDATE PROJECT City of Richfield 6700 Portland Avenue South Richfield, MN. 55423 RICHFIELD UPDATE PR 0 J E CT AGENDA SECTION: RESOLUTIONS AGENDA ITEM# 13 REPORT# 185 STAFF REPORT CITY COUNCIL MEETING SEPTEMBER 10, 2013 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: d 8tr SIGNATURE OTHER DEPARTMENT REVIEW: 0 N/A SIGNAT r 4 REVIEWED BY CITY MANAGER: di ` 1 cz!......,ITEM FOR COUNCIL CONSIDERATION: Consideration of 2013 Revised/2014 Proposed Budget resolutions adopting 2014 preliminary property tax levy, setting truth in taxation hearing date, authorizing budget revisions, and authorizing revision of 2013 budget of various departments. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolutions establishing the 2014 preliminary property tax levy and proposed date for the Truth in Taxation hearing, authorizing budget revisions, and authorizing revision of 2013 budget of various departments. II. EXECUTIVE SUMMARY On August 28, 2013, a special City Council meeting was held for the purpose of presenting and discussing the 2013 Revised/2014 Proposed Budget and 2014 preliminary property tax levy. Consequently, as a result of this meeting the City of Richfield's preliminary gross tax levy is currently set at $18,012,303 which includes a levy for general fund operations of$14,870,765, a debt service levy of$2,142,316 a tax abatement levy of$299,222, and an equipment and technology levy of$700,000. The 2014 preliminary gross levy represents a 1.51% increase from the 2013 gross levy. 0910 Proposed Budget I In addition, the City must certify its proposed property tax levy for payable year 2014 to the County Auditor and set a date for its Truth in Taxation public meeting on or before September 16, 2013. The Truth in Taxation public meeting must be held between November 25 and December 30, 2013 and must occur at 6:00 p.m. or later. The City's Truth in Taxation public meeting is scheduled for December 3, 2013 at 6:00 p.m. at the City of Richfield Municipal Center. III. BASIS OF RECOMMENDATION A. BACKGROUND • N/A B. POLICY • The City Charter establishes that at a special budget meeting of the Council on or before September 16, the City Manager must submit to the Council a proposed budget and a budget message in the form and containing the information specified in Section 7.06. This follows the Truth in Taxation Statute, which in the past overrode the Charter process for budget adoption. • Consequently, as required by the Truth in Taxation legislation (MS 275.065) each "taxing authority" must certify its proposed property tax levy for payable year 2014 to the County Auditor on or before September 16, 2013. "Taxing authority" includes all counties, all school districts, all cities regardless of population, all towns and all special taxing districts. No local units of government are exempted from this requirement. • In addition, each "taxing authority" with a population of 500 or more, must certify to their County Auditor the date that has been selected for the Truth in Taxation public meeting by September 16, 2013. This Truth in Taxation public meeting must be held between November 25 and December 30, 2013 and must occur at 6:00 p.m. or later. C. CRITICAL TIMING ISSUES • Along with the 2013 Revised/2014 Proposed budget and preliminary property tax levy, City staff is also recommending a date for this year's Truth in Taxation public meeting. It is recommended that this year's meeting be set for 6:00 p.m. Tuesday, December 3, 2013. As Council Members are aware, at these public meetings, the tax levy may be reduced from the preliminary tax levy, but not increased. • All official action concerning the preliminary tax levy and setting dates for the Truth in Taxation hearings must be concluded before September 16, 2013. D. FINANCIAL • The preliminary gross levy for taxes payable 2014 is $18,012,303. • The City's tax capacity rate will increase from 64.063% in 2013 to 64.667% in 2014. • Included in the 2014 preliminary gross levy is a levy to fund the purchase of rolling stock and technology equipment of$700,000. This levy is in place of the issuance of debt to fund these purchases. • A final resolution for consideration authorizes the revision of the 2013 budget to conform to the most recent 2013 revenue and expenditure projections. E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The City Council could adopt a lesser 2014 preliminary property tax levy or 2013 Revised/2014 Proposed budget or select other allowable Truth in Taxation hearing dates. V. ATTACHMENTS • Resolution Adopting a Proposed Budget and Tax Levy for the Year 2014 • Resolution Authorizing Budget Revisions • Resolution Authorizing Revision of 2013 Budget of Various Departments VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A 13- I RESOLUTION NO. RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2014 WHEREAS, the Minnesota Truth in Taxation law provides for a proposed tax levy to be certified to the County Auditor by September 15, 2013 and then recertified before December 31, 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The budget for the City of Richfield for the year 2014 is hereby approved and adopted with appropriations for each of the departments to be as follows: General Fund Legislative/Executive $ 817,020 Administrative Services 1,203,370 Public Safety 7,988,900 Fire Services 3,699,460 Community Development 1,327,310 Public Works 3,824,700 Recreation Services 1,704,570 TOTAL GENERAL FUND $20,565,330 2. The estimated gross revenue of the City of Richfield from all sources, including general ad valorem tax levies as hereinafter set forth for the year 2014 which are more fully detailed in the City Manager's official copy of the 2014 budget, are hereby found and determined to be as follows: TOTAL GENERAL FUND $20,565,330 3. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2012, payable in 2013 for the following purposes and in the following amounts: PURPOSE AMOUNT General Fund' $14,870,7652 Equipment 700,000 Debt Service 2,142,316 Cedar Point Tax Abatement 299,222 1 Provision has been made in the General Fund for the payment of the City's contributory share to Public Employees' Retirement Association. 2 General Fund Levy includes all fiscal disparities distribution amounts. 4. The budget for the Housing and Redevelopment Authority of Richfield for the year 2014 is hereby ratified and approved. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2013, payable in 2014 for the following purposes: PURPOSE AMOUNT Housing and Redevelopment Authority $471,424 5. A certified copy of this resolution shall be transmitted to the County Auditor. 6. The Truth in Taxation public meeting shall be set for 6:00 p.m. December 3, 2013. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of September 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING BUDGET REVISIONS WHEREAS, the City Charter and Minnesota Statutes provide for a process for adopting an annual budget and tax levy; and WHEREAS, the City Charter provides certain authority for the City Manager and/or City Council to revise the annual budget; and WHEREAS, it would be beneficial to restate such authority with the adoption of the budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The City Manager may increase the budget by City Council action provided that unbudgeted receipts will be available to equal or exceed the increased expenditures. 2. The City Manager may authorize transfers between divisions within a department providing the transfers do not increase or decrease the department or total budget. 3. The City Manager may transfer budgeted amounts between departments only with the approval of the City Council. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of September, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk )31 RESOLUTION NO. RESOLUTION AUTHORIZING REVISION OF 2013 BUDGET OF VARIOUS DEPARTMENTS WHEREAS, Resolution No. 10730 appropriated funds for personal services, other expenses and capital outlays for each department of the City for the year of 2013; and WHEREAS, The City Charter, Chapter 7, Section 7.09, gives the Council authority to transfer unencumbered appropriation balances from one department to another within the same fund at the request of the City Manager; and WHEREAS, The City Manager has requested a revision of the 2013 budget appropriations in accordance with Charter provisions and as detailed in the Proposed 2014 budget document. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the 2013 appropriations for each department of the General Fund be amended to establish the following totals: General Fund Legislative/Executive $ 804,640 Administrative Services 1,167,350 Public Safety 7,929,360 Fire Services 3,582,470 Community Development 1,255,700 Public Works 4,201,200 Recreation Services 1,635,580 Transfer Out 25,000 TOTAL GENERAL FUND $20,601,300 DECREASE $ 3,080 2. Estimated 2013 gross revenue of the City of Richfield from all sources, as the same are more fully detailed in the City Manager's official copy of the proposed 2014 budget, are hereby revised as follows: DECREASE $3,080 3. That the City Manager and the Finance Manager bring into effect the provisions of this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of September 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk