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111213completeagenda CITY OF RICHFIELD, MINNESOTA TUESDAY, NOVEMBER 12, 2013 SPECIAL CITY COUNCIL MEETING BABCOCK ROOM 6:00 P.M. AGENDA Call to order Roll call 1. Interview of a person interested in serving on a City advisory commission Adjournment SPECIAL CITY COUNCIL WORKSESSION BARTHOLOMEW ROOM 6:15 P.M. AGENDA Call to order Roll call (Worksession discussion times are approximate) 6:15—6:40 p.m. 1. Discussion regarding streets public relations plan (Council Memo No. 105) Notes: 6:40—6:55 p.m. 2. Discussion regarding renaming 77th Street Notes: Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of the minutes of the (1) Regular City Council Meeting of October 22, 2013; (2) Special City Council Meeting of October 26, 2013; and (3) Special City Council Meeting of November 2, 2013 PRESENTATIONS 1. Annual meeting with the Planning Commission 2. Presentation regarding the City of Richfield snow removal ordinance and winter parking restrictions COUNCIL DISCUSSION 3. Council discussion • Cancel or reschedule Tuesday, December 24, 2013 Regular City Council Meeting • OpenGov.com • 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 a resolution supporting the Move MN Campaign addressing the need for a state-level comprehensive transportation funding package S.R. No. 220 B. Consideration of the approval of the purchase order to Ziegler Inc. for the purchase of a front-end loader for the Public Works Department in the amount of$225,165 plus tax and license fees S.R. No. 221 C. Consideration of the approval of a resolution authorizing the City of Richfield to enter into an agreement with Three Rivers Park District for winter use for the Nine Mile Creek Regional Trail S.R. No. 222 D. Consideration of the approval of the first reading of an ordinance amendment to the Richfield City Code Section 551 (Zoning: Official Map) to include Subsection 551.02 77th Street Underpass and scheduling the public hearing and second reading on December 10, 2013 S.R. No. 223 E. Consideration of the approval of the renewal of the pawnbroker and secondhand goods dealer licenses for 2014 for Metro Pawn and Gun, Inc. and University Cash Company, LLC, d/b/a Avi's Pawn and Jewelry and setting the public hearing on December 10, 2013 S.R. No. 224 F. Consideration of the approval of the renewal of the on-sale wine and on-sale 3.2 percent malt liquor licenses for 2014 for Thompson's Fireside Pizza; Red Pepper Chinese Restaurant; The Noodle Shop Co.-Colorado, Inc., d/b/a Noodles and Company (two locations); Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill; Lariat Lanes; Patrick's Bakery& Café; Joy's Pattaya Thai Restaurant and setting the public hearing on December 10, 2013 S.R. No. 225 G. Consideration of approval of the renewal of the on-sale intoxicating and Sunday liquor licenses for 2014 for Khan's Mongolian Barbeque; Champps Operating Corporation d/b/a Champp's Restaurant; Minneapolis-Richfield American Legion Post 435; Fred Babcock VFW Post No. 5555 d/b/a Four Nickels Food and Drink; Don Pablo's Operating Corporation d/b/a Don Pablo's; Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant& Bar; The Frenchmans; Pizza Luce VII, Inc.; and Financial Guidance Inc. d/b/a Four Points by Sheraton and setting the public hearing on December 10, 2013 S.R. No. 226 H. Consideration of the approval of the first reading of an ordinance amending Subsection 544.13, Subd. 6 related to parking requirements for restaurants serving minimal alcohol that are located within shopping centers S.R. No. 227 I. Consideration of approval of the first reading of a transitory ordinance vacating a street right-of-way easement adjacent to and within the boundaries of 6401 Penn Avenue (Fire Station 2) and calling for a public hearing and second reading for December 10, 2013 S.R. No. 228 J. Consideration of the approval of the first reading of Ordinance 541.19, amending noise attenuation requirements for new residential construction in the 2007 60-62 and 63 or greater DNL contours and scheduling the second reading for November 26, 2013 S.R. No. 229 Notes: 6. Consideration of item(s), if any, removed from Consent Calendar Notes: PROPOSED ORDINANCES 7. Consideration of the first reading of: • An ordinance modifying the electric franchise fee on Northern States Power d/b/a Xcel Energy for providing electric service within the City of Richfield and scheduling the public hearing and second reading for December 10, 2013 • A proposed ordinance modifying the gas franchise fee on CenterPoint Energy for providing gas service within the City of Richfield and scheduling the public hearing and second reading for December 10, 2013 Staff Report No. 230 Notes: OTHER BUSINESS 8. Consideration of the acceptance of the bid minutes/tabulation and award of the contract to Derau Construction for the Minnesota Magicians locker room addition at the Richfield Ice Arena in the amount of$510,900 and authorize the City Manager to execute the contract documents Staff Report No. 231 Notes: 9. Consideration of an appointment to fill a youth term on a City advisory commission Staff Report No. 232 Notes: 10.Consideration of the City Council's confirmation of the Mayor's appointment of an Housing and Redevelopment Authority (HRA) Commissioner for a five-year term commencing on November 12, 2013 and expiring on November 12, 2018 Staff Report No. 233 Notes: CITY MANAGER'S REPORT 11.City Manager's Report Notes: 12.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: 13.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 November 7, 2013 Council Memorandum No. 105 The Honorable Mayor and Members of the City Council Subject: Streets Public Relations Plan (Worksession Agenda Item No. 1) Council Members: At the November 12, 2013 Council Worksession staff will introduce Scott Barsuhn, the consultant working with the Public Works Department on the communications strategy for the many proposed capital improvement investments related to streets. The goal of the worksession is to present the proposed communications plan for comment from the Council. The plan will be used for upcoming and future road projects, including: • 6 Year Mill and Overlay • 66th Street Reconstruction • Portland Avenue Reconstruction Please contact Mike Eastling, Public Works Director, at 612-861-9792 with questions. R= Ily submitt' 4'4 City Manager SLD:kda Email: Department Directors Assistant City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota ge,C410edRegular Meeting October 22, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Pat Elliott; Sue Sandahl; Edwina Garcia; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; Jay Henthorne, Acting Public Safety Director/Police Chief; Chris Regis, Finance Manager; Pam Dmytrenko, Assistant City Manager; Jeff Pearson, Transportation Engineer; Mary Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM None. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Fitzhenry, S/Sandahl to approve the minutes of the (1) Special City Council Worksession of October 8, 2013; and (2) Regular City Council Meeting of October 8, 2013. Motion carried 5-0. Item #1 PRESENTATION OF THE BRONZE-LEVEL BIKE FRIENDLY COMMUNITY AWARD FROM THE LEAGUE OF AMERICAN BICYCLISTS (COUNCIL MEMO NO. 94) Nick Mason, Bicycle Alliance of Minnesota, presented the award. Council Meeting Minutes -2- October 22,2013 Item #2 ANNUAL MEETING WITH THE FRIENDSHIP CITY COMMISSION Roger Swanson, Friendship City Commission Chair, presented the annual report. Item #3 ANNUAL MEETING WITH THE CIVIL SERVICE COMMISSION Phil Mortenson, Civil Service Commission President, presented the annual report. Item #4 ANNUAL MEETING WITH THE CHARTER COMMISSION Marty Kirsch, Charter Commission President, presented the annual report. Item #5 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Garcia announced the Latino Community Forum on November 4, 2013 from 6-8 p.m. at the Assumption Church. Council Member Garcia announced the Affordable Health Care Act panel discussion on October 23, 2013 at Fairview Hospital. Council Member Garcia announced the 'Navigating the Waters' discussion regarding Hennepin County services and the South Suburban Hub on October 31, 2013 at the Southdale Library. Council Member Garcia acknowledged the 100th birthday celebration of Emily Day. Council Member Elliott announced the Housing Law Workshop and Free Advice Clinic for Tenants sponsored by the Human Rights Commission and Volunteer Lawyers Network on October 30, 2013 at the Richfield Municipal Center. Council Member Sandahl announced the League of Women Voters event regarding the Richfield School District referendum at the Richfield-Bloomington Credit Union. Council Member Fitzhenry acknowledged the success of the recent open house regarding the reconstruction of 66th Street and Portland Avenue. Council Member Garcia announced the Richfield Foundation grant application process is open until the end of October 2013. Item #6 COUNCIL APPROVAL OF AGENDA M/Fitzhenry, S/Sandahl, to approve the agenda. Motion carried 5-0. Item #7 CONSENT CALENDAR Council Meeting Minutes -3- October 22,2013 A. Consideration of the approval of the transfer of assets to reimburse the City Airport Noise Acquisition Fund and the HRA Development Fund for the purchase of two properties as part of the Richfield Parkway Phase II Project S.R. No. 211 B. Consideration of the approval of the renewal of the contract with Chief's Towing, Inc., 8610 Harriet Avenue, Bloomington, MN, for Public Safety towing services from December 1, 2013 through November 30, 2014 S.R. No. 212 C. Consideration of the approval of the continuation of the agreement with the City of Bloomington for food inspection services for the City of Richfield for 2014 S.R. No. 213 D. Consideration of the approval of a request for a temporary on-sale intoxicating liquor license for St. Nicholas Episcopal Church, 7227 Penn Avenue, for the 2013 Harvest Event on November 9, 2013 S.R. No. 214 E. Consideration of the approval of a resolution authorizing the acceptance of a $2,656.63 grant from the U.S. Department of Justice, Office of Justice Programs, for the purchase of bulletproof vests for the Richfield Department of Public Safety S.R. No. 215 RESOLUTION NO. 10853 RESOLUTION APPROVING THE GRANT WITH THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS AND RICHFIELD POLICE FOR BULLETPROOF VESTS This resolution appears as Resolution No. 10853. F. Consideration of the approval of a resolution authorizing City staff to incur costs for proposed improvements at the City's Ice Arena S.R. No. 216 RESOLUTION NO. 10854 RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF RICHFIELD TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY This resolution appears as Resolution No. 10854. M/Goettel, S/Fitzhenry to approve the Consent Calendar. Motion carried 5-0. Item #8 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #9 PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION VACATING THREE EASEMENTS ADJACENT TO THE VACATED HARRIET AVENUE STREET RIGHT-OF-WAY BETWEEN 77TH STREET WEST AND 78TH STREET WEST S.R. NO. 217 Council Member Fitzhenry presented Staff Report No. 217. M/Sandahl, S/Fitzhenry to close the public hearing. Motion carried 5-0. M/Fitzhenry, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: Council Meeting Minutes -4- October 22,2013 RESOLUTION NO. 10855 RESOLUTION AUTHORIZING THE VACATION OF PUBLIC EASEMENTS AT VACATED HARRIET AVENUE IN WOOD MINNESOTA RE ADDITION Motion carried 5-0. This resolution appears as Resolution No. 10855. Item #10 CONSIDERATION OF A RESOLUTION IN SUPPORT OF THE NINE MILE CREEK REGIONAL TRAIL MASTER PLAN S.R. NO. 218 Council Member Elliott presented Staff Report No. 218. Kelly Grissman, Three Rivers Park District, reported on the purpose of tonight's resolution, route overview and way finding, cost and next steps. M/Elliott, S/Garcia that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10856 RESOLUTION OF SUPPORT FOR THE NINE MILE CREEK REGIONAL TRAIL Motion carried 5-0. This resolution appears as Resolution No. 10856. Item #11 CONSIDERATION OF A RESOLUTION DESIGNATING THE CITY'S CONTRIBUTION TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE PREMIUMS FOR GENERAL SERVICES AND MANAGEMENT EMPLOYEES FOR 2014 S.R. NO. 219 Council Member Garcia presented Staff Report No. 219. M/Garcia, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10857 RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE PREMIUM FOR MANAGEMENT AND GENERAL SERVICES EMPLOYEES Motion carried 5-0. This resolution appears as Resolution No. 10857. Item #12 CITY MANAGER'S REPORT City Manager Devich reminded the City Council that the HRA Commissioner applicants will be interviewed on Saturday, October 26, 2013 at 2 p.m. City Manager Devich provided an update on the 77th Street tunnel. City Manager Devich provided an update on the community bandshell project. Council Meeting Minutes -5- October 22,2013 The City Council requested the findings of the Community Services Commission related to the proposed bandshell be provided to the City Council. The City Council consensus was to endorse the formation of an ad hoc committee to consider a proposed community bandshell. Item #13 CLAIMS AND PAYROLLS M/Elliott, S/Fitzhenry that the following claims and payrolls be approved: U.S. Bank 10/22/13 NP Checks: 225839 - 226276 $ 1,743,019.82 Payroll: 96256—96581 $ 554,725.96 TOTAL $ 2,297,745.78 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:10 p.m. Date Approved: November 12, 2013 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota gee*leed Special City Council Meeting HRA Commissioner Applicant Interviews October 26, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 1:55 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 as an Housing and Redevelopment Authority Commissioner. Bill Kilian Molly Darsow Mary Supple Tom Rublein Rick Jabs Amy Utley ADJOURNMENT The meeting was adjourned by unanimous consent at 3:35 p.m. Date Approved: November 12, 2013. Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Meeting .�gqte� HRA Commissioner G Applicant Interview November 2, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 8:58 a.m. in the Babcock Room. ROLL CALL MEMBERS PRESENT: Debbie Goettel, Mayor; Pat Elliott (via telephone), Sue Sandahl; Edwina Garcia; and Tom Fitzhenry. INTERVIEW OF APPLICANT The City Council conducted an interview of the following applicant for appointment as an Housing and Redevelopment Authority Commissioner. Marty Kirsch ADJOURNMENT The meeting was adjourned by unanimous consent at 9:15 a.m. Date Approved: November 12, 2013. Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 5A REPORT# 220 STAFF REPORT Gc4eed CITY COUNCIL MEETING NOVEMBER 12, 2013 REPORT PREPARED BY: KRISTIN ASHER, CITY ENGINEER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE OTHER DEPARTMENT REVIEW: J NI' V SIGNATURE , REVIEWED BY CITY MANAGER: A , ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution supporting the Move MN Campaign to address the need for a state-level comprehensive transportation funding package. I. RECOMMENDED ACTION: By Motion: Adopt a resolution in support of the Move MN Campaign addressing the need for a state-level comprehensive transportation funding package. II. EXECUTIVE SUMMARY Minnesota currently has a $50 billion transportation gap between the cost to complete needed improvements and investments and the state's projected funding. In order to raise awareness of this funding need and move the Legislature to act, the Move MN Campaign has been created. The goal of this campaign is to address the urgent need for a comprehensive transportation funding package that begins to erase this deficit and creates new funding that will enable the state to properly maintain and improve transportation assets that expand access and opportunity for all and create living wage jobs. 111213MoveMN III. BASIS OF RECOMMENDATION A. BACKGROUND • The Move MN campaign is carried out by the many organizations and individuals which have committed resources, time and expertise to advance the mission of the campaign. • The Campaign's Guiding Principles regarding the transportation funding package are as follows: o Comprehensive ra sit, bike and pedestrian syst ms�thgroughoudt Minnesota for highways, both state and local systems. o Balanced — across transportation modes and between Greater Minnesota and Twin Cities Metropolitan Area. o Sustainable/Gimmick-Free — a funding source must grow with the economy. o Dedicated — it must be dedicated to transportation. • In joining this campaign, the City of Richfield agrees to: o Make the campaign policy agenda a top legislative priority; o Help in carrying out the tactical elements of the campaign; o Be a public voice for the campaign; and o Engage your constituent groups in the campaign through communications, events, calls to action and other relevant strategies. I B. POLICY • Joining the campaign is consistent with the City's desire for projects listed as key issues in the City's Comprehensive Plan (Transportation 6-4) that will not be realized without a comprehensive funding package. • Joining the campaign is consistent with the efforts supported as members of The Transportation Alliance. C. CRITICAL TIMING ISSUES • The sooner organizations sign on to this campaign, the higher visibility and support during the 2014 Legislative Session. I D. FINANCIAL I • There is no financial impact to the City in the resolution of support. • The resolution will be used for a state-level comprehensive funding package. E. LEGAL • The City Attorney will be available to answer questions. F. ENVIRONMENTAL CONSIDERATIONS • N/A I IV. ALTERNATIVE RECOMMENDATION(S) • The Council may choose not to adopt the resolution. V. ATTACHMENTS • Resolution in support of the Move MN Campaign • Move MN Campaign Support Form VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None I RESOLUTION NO. RESOLUTION FOR SUPPORT OF THE MOVE MN CAMPAIGN WHEREAS, the City of Richfield supports efforts for a new state-wide comprehensive transportation funding package to address Minnesota's $50 billion transportation deficit; and WHEREAS, the City of Richfield agrees that transportation investments provide benefits beyond new infrastructure, but also create jobs, build economic competitiveness, and improve the quality of life for all Minnesotans by enabling the state to properly maintain and improve transportation assets that expand access and opportunity for all; and WHEREAS, the City of Richfield affirms that to be effective, the new state-wide transportation funding package must be: • Comprehensive, including funding for roads, highways, transit, bicycle and pedestrian facilities throughout Minnesota. • Balanced across transportation modes and between Greater Minnesota and the Twin Cities Metropolitan Area, serving all Minnesotans equitably. • Sustainable, including long-term solutions that will grow with the economy to meet the states growing transportation needs. • Dedicated to transportation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that the City Council of the City of Richfield hereby supports the Move MN Campaign: Adopted by the City Council of the City of Richfield, Minnesota this 12th day of November, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF RICHFIELD) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Richfield do hereby certify that the attached and foregoing Resolution was duly adopted by the Richfield City Council at its Regular Meeting on November 12, 2013, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 20_ II Nancy Gibbs, City Clerk v ' Move MN Campaign Support Form Goal:To address the urgent need for a comprehensive transportation funding package that begins to erase Minnesota's$50 billion transportation deficit and creates new funding that will enable the state to properly maintain and improve transportation assets that expand access and opportunity for all and create living wage jobs. Campaign Guiding Principles:To be effective,members of the coalition agree that a transportation funding package must be: Comprehensive.Any transportation funding package must include funding for roads and highways,transit, bike and pedestrian systems throughout Minnesota for both the state and local systems. In addition,the state must work to continually improve the efficiency of transportation construction and operations. Balanced. Any transportation funding package must be balanced across transportation modes and between Greater Minnesota and the Twin Cities Metropolitan Area.We support developing a transportation system that serves all Minnesotans equitably. Sustainable/Gimmick-Free.Transportation funding solutions must be long-term and sustainable,and must grow with the economy to meet the state's growing transportation needs. Bonding or borrowing is not a suitable substitute to sustainable revenue for transportation. Bonding should only supplement additional revenue. Dedicated. New funding must be dedicated to transportation. Join the Campaign:The Move MN campaign is carried out by the many organizations and individuals which have committed resources,time and expertise to advance the mission of the campaign. By joining the campaign and signing on as an official campaign supporter your organization agrees to: • Make the campaign policy agenda a top legislative priority for your organization; • Help in carrying out the tactical elements of the campaign; • Be a public voice for the campaign;and • Engage your constituent groups in the campaign through communications,events,calls to action and other relevant strategies. Additional activities we may encourage your organization to participate in include: • Agree to publically support the campaign agenda. • Testify at the legislature. • Write a letter to the editor. • Make a statement to the media. • Take part in a presentation to key stakeholder groups. Please indicate your commitment of support by completing and signing this form. Your participation will help ensure our greatest level of success. Organization Name: Organization Member: Phone: Email: Signature: Please return signed form to: Kris Jensen,Deputy Campaign Manager 952-851-7240 I kjensen @tunheim.com AGENDA SECTION: CONSENT AGENDA ITEM# 5B REPORT# 221 STAFF REPORT Le 'CQd CITY COUNCIL MEETING NOVEMBER 12, 2013 REPORT PREPARED BY: CHRIS LINK, OPERATIONS SUPERINTENDENT NAME,TITLE DEPARTMENT DIRECTOR REVIEW: i 2_, 7 SIGNATURE OTHER DEPARTMENT REVIEW: El N/A , SIGNATURE / ' A-1- idol ...-- i REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the purchase of a Front-end Loader. I. RECOMMENDED ACTION: By Motion: Approve purchase order to Ziegler Inc. in the amount of $225,165.00, plus tax and license fees, for the purchase of a Front- end Loader II. EXECUTIVE SUMMARY Public Works staff is seeking to replace a front-end loader due to the age of the equipment and a number of mechanical issues. The age of the loader (purchased in 1989) is making it difficult to find parts necessary for needed repairs. Currently, the loader has an auxiliary hydraulic system leak, a transmission leak, and shifting problems. Because of these issues the current front-end loader cannot be used for snow plowing, and instead a back-up truck will need to be used. 111213Loader III. BASIS OF RECOMMENDATION A. BACKGROUND The front-end-loader was purchased in 1989 and was originally due to be replaced in 2009. Public Works Staff has extended the life of this unit because of work done to the loader in 2008. In 2008, the following work was done: • Fenders replaced • Entire loader repainted • New radiator was installed After these repairs the loader was extended for an additional 5 years. Public Works staff currently uses three loaders. The uses are year-round and include: • Main break repairs • Loading trucks • Street repairs • Snowplowing • Tree storm damage • Grading/leveling dirt • Stump grinding • Tree planting • Snow removal B. POLICY • The City of Richfield participates in the Minnesota State Cooperative Purchasing Program which allows the City to purchase goods, certain services and utilities from contracts established by the Materials Management Division. • Ziegler Inc. is included in the State contract for front-end loaders. • The front-end-loader is fully depreciated and scheduled to be replaced. C. CRITICAL TIMING ISSUES • Approval for this purchase will ensure a January delivery date and the ability to utilize the loader for the remainder of the snow season. D. FINANCIAL • $275,000 has been budgeted in the 2013R-2014P Central Garage Budget for purchase of a front-end loader (61000-7500). E. LEGAL • When the purchase of materials, merchandise, equipment, or construction exceeds $100,000, authority to purchase shall be submitted to the City Council for consideration. F. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • Council may delay approval to a later meeting. Delayed approval, however, will result in delayed delivery. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: CONSENT AGENDA ITEM# 5C REPORT# 222 STAFF REPORT �c4te� CITY COUNCIL MEETING NOVEMBER 12, 2013 REPORT PREPARED BY: CHRIS LINK, OPERATIONS SUPERINTENDENT NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 2t/i/ ./L__ SIGNATURE OTHER DEPARTMENT REVIEW: ❑ NIA SIGNATU / REVIEWED BY CITY MANAGER: r ITEM FOR COUNCIL CONSIDERATION: Consideration of a Winter Use Permit from Three Rivers Park District I. RECOMMENDED ACTION: By Motion: Adopt a resolution permitting the Winter Use of Three Rivers Park District's Nine Mile Creek Regional Trail. II. EXECUTIVE SUMMARY Three Rivers Park District (TRPD) requires a Winter Use permit for all regional trails. This permit is for the Nine Mile Creek Regional Trail that extends along 75th Street from Xerxes Ave to Humboldt Ave and along 76th Street from Humboldt Ave to Cedar Ave (see attached map). The permit is required because TRPD closes and does not maintain their trails during winter months (November 15- March 31). Winter Uses The winter uses identified for the segment of the Nine Mile Creek Regional Trail through Richfield are: • Walking • Jogging • Biking • Use of electric personal assistive devices • Other uses mandated by state law 111213TRPDWinterUse The trail will be open to the general public and used exclusively for outdoor activities. Maintenance To allow the winter use, City of Richfield staff will be responsible for clearing snow. The design of the trail makes it very easy to maintain and is manageable as part of normal snow removal operations. I III. BASIS OF RECOMMENDATION I A. BACKGROUND • The Nine Mile Creek Regional trail was constructed with the Metro Sewer Interceptor and 76th St East projects • City Resolutions 10347 and 10701 support the City of Richfield to enter into a Trailway cooperative agreement with TRPD for the Nine Mile Creek Regional Trail. • TRPD has drafted the Nine Mile Creek Regional Trail Master Plan B. POLICY • The City's Comprehensive Plan encourages alternative forms of transportation such as biking and walking and identifies regional pedestrian and bicycle connections as a goal. • TRPD policy is to close regional trails during winter months. C. CRITICAL TIMING ISSUES • TRPD is requesting all permit applications to be submitted for the winter season. D. FINANCIAL • Public Works Staff will plow the trail. • Because of the configuration and design it will not take crews any additional time to complete snow plowing operations E. LEGAL • TRPD requires formal City Council action to permit winter use activities on the trail. F. ENVIRONMENTAL CONSIDERATIONS • The regional trail provides an improved alternative to non-motorized travel within the City. IV. ALTERNATIVE RECOMMENDATION(S) • Delay action but then thee trails will not be plowed and un-usable by the public. V. ATTACHMENTS • Resolution • TRPD Winter Use Permit • Map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None DC- I RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO AN AGREEMENT WITH THREE RIVERS PARK DISTRICT FOR WINTER USE FOR THE NINE MILE CREEK REGIONAL TRAIL WHEREAS, the Three Rivers Park District is a political subdivision of the State of Minnesota authorized by statute to acquire, establish, operate and maintain trail systems; and WHEREAS, The City of Richfield recognizes Nine Mile Creek Regional Trail as an important component of the regional parks system that serves resident of the City and the region; and WHEREAS, The City of Richfield recognizes that Three Rivers Park District has drafted the Nine Mile Creek Regional Trail Mater Plan; and WHEREAS, The Nine Mile Creek Regional Trail Master A Plan is consistent with other approved local and regional plans, projects, and agreements including the existing Nine Mile Creek Regional Tail Cooperative Agreements, 76th Street Reconstruction, and 2009 Comprehensive Plan; and WHEREAS, the Three Rivers Park District and City desire to cooperate to design, construct, reconstruct, operate, and maintain a regional trail corridor located in the City; and WHEREAS, The Nine Mile Creek Regional Trail in Richfield is substantially compete and open to the public; and WHEREAS, Winter use of the Nine Mile Creek Regional Trail are to include walking, jogging, biking, electric personal assistive devices, and other uses mandated by state law. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield enter into a Winter Use Agreement with the Three Rivers Park District for Winter Use and Winter Maintenance of the Nine Mile Creek Regional Trail. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of November, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk THREE RIVERS PARK DISTRICT REGIONAL TRAIL SYSTEM 2013-2014 WINTER USE PERMIT Name of City City of Richfield City Hall Phone 612-861-9700 Contact Person Chris Link Phone 612-861-9174 Contact Person Email Address clink(c�cityofrichfield.org Maintenance Contact Person Chris Link Phone 612-861-9174 Maintenance Contact Person Email Address clink(a�cityofrichfield.orq Regional Trail From Xerxes Ave to Humboldt Ave, along 75th St Authorized 2013-2014 Winter Activities walking, jogging, biking Regional Trail From Humboldt Ave to Cedar Ave, along 76th St Authorized 2013-2014 Winter Activities walking, jogging, biking Regional Trail From to Authorized 2013-2014 Winter Activities Regional Trail From to Authorized 2013-2014 Winter Activities Regional Trail From to Authorized 2013-2014 Winter Activities Regional Trail From to Authorized 2013-2014 Winter Activities Authorization is hereby requested from the Park District Board of Commissioners to use portions of the Regional Trail Corridor for winter use activities between November 15, 2013 and March 31, 2014, as determined by each municipality within guidelines set forth herein on District Regional Trails located within individual City boundaries. It is understood and agreed that approval from the Park District Board of Commissioners is contingent upon the following conditions: 1. The City agrees to defend, indemnify, and hold harmless the Park District, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action,judgments, damages, losses, costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the City, its respective contractors, anyone directly or indirectly employed by the City, and/or anyone for whose acts and/or omissions they may be liable for related to the winter use of the Regional Trail Corridor. Nothing in this Agreement constitutes a waiver by the City of any statutory or common law defenses, immunities, or limits on liability. The City cannot be required to pay on behalf of itself and Three Rivers Park District, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466. If City maintains general liability insurance at the time this permit is issued, City shall provide the Park District with a Certificate of Insurance, naming Three Rivers Park District as an additional named insured. 2. The City agrees to schedule regular trash pick-up that is appropriate to the level of use expected on the permitted section(s) of trail so as not to create conditions where trash containers are overflowing or offensively odorous. 3. The City also agrees to maintain the trail, including, but not limited to, any plowing, sweeping, sanding, packing, and sign replacement, between November 15, 2013 - March 31, 2014. For ice control on aggregate trails, Cities agree to use buff colored, 3/8"clear limestone chips from Edward Kramer and Sons, Burnsville, MN. Edward Kramer and Sons is the only aggregate pit that supplies the buff colored limestone that has been specified for use on these trails. Paved trails can be treated with a Corrosion Inhibited/Treated Rock Salt; (Specifications: A mixture of Regular Road Salt, Type I, Grade I,ASTM-D-632-Modified per Mn/DOT Specification, blended with a Mn/DOT approved magnesium chloride-based product for anti-icing or deicing use or an approved blend of Regular Road Salt and a magnesium chloride-based product. The magnesium chloride-based product will also contain an agricultural processing residue or an alternative Mn/DOT approved agent that will depress the effective working temperature and decrease corrosiveness of the overall compound as well as prevent leaching of the treating solution) or other chemical treatments approved by the Park District. The City further agrees to immediately address all safety issues on or adjacent to trails. 4. The City will provide signage at locations approved by the Park District, notifying the public of authorized winter activities within its city limits; activities may include, but are not limited to, hiking, biking, cross-country skiing, snowshoeing, or walking. Winter use signs must be installed by the City at designated locations prior to November 15, 2013 and removed by the City no later than April 15, 2014. These signs are totally the responsibility of each municipality. 5. Snowmobiling is not allowed on Park District regional trails. Permitted use for snowmobiles will be limited to direct crossings only. The Hennepin County Regional Railroad Authority (HCRRA) does not allow snowmobiling or other motorized use within its corridors. The Lake Minnetonka LRT Regional Trail, Minnesota River Bluffs LRT Regional Trail, Cedar Lake LRT Regional Trail, and the Dakota Rail Regional Trail are located on HCRRA corridor property and permission for a snowmobile crossing of an HCRRA corridor must be obtained from the HCRRA prior to requesting permission from the Park District for a snowmobile crossing of the regional trail within the corridor. If a snowmobile crossing is permitted, cities must take steps to keep snowmobiles from damaging paved trails, bridges and other property. 6. The City agrees to enforce rules and regulations established by the municipality as part of its request for a Winter Use Permit. 7. The City agrees to repair all trail surface damage that occurs as a result of winter trail activities and/or maintenance, including, but not limited to, bituminous/concrete repair, bridge deck repair, grading or adding aggregate pursuant to guidelines established by the Park District. The City shall contact the Park District prior to the start of any surface repairs,for review of proposed repair plans and authorization to proceed. 8. The City agrees that winter trail use will be available to all persons, regardless of residence. C L( Each City is required to submit its annual permit requests, including proposed rules and regulations, by October 15, 2013, after which the Park District may take up to 45 business days to process. Each permit request must be submitted as a result of formal City Council action, with accompanying verification, agreeing to the terms and conditions outlined by the Park District's Winter Use Permit. The Park District reserves the right to terminate a permit at any time, if the conditions set forth herein are not followed. 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'-, , mom S3AV•JNIAaI o a) ya AV S3WVf •3WVf o �� \ - S3AV�ONN �L S .AV XONX�� S3nV X0NN .0 I I C NI Mill 01 Pillell S 3 V NV0O1 ME 3AV 55501 I O •- EMI =_ S 3A NVObOW--� S V 5505011 Z S3Atl O1M3N -� • NOLN3N F S VNOLN3N u S 3AV a3AIlO 3 ME= m S nV a3n11O /</ S 3AV NN3d F N F y m-� Et-- � N� � N33f10 � VN33N0 �--�� S 3Atl l3S� � S 3Atl 3SS0a f 1 S3AVNVOIa3HS S3A•NVOIa3H` S3AVNV. - ± 4111 ''., S 3AV SVWOHl WOHI _ S SAYS WOHl F = ( S V NO1dn ----' w'®Oldfl - m K G • , ---_ w 4 sin SVM Naf18HS. Z W S 3AV Na SHSVM y r S 3A•S3Xa3X S •53X53X • AGENDA SECTION: CONSENT AGENDA ITEM# 5D REPORT# 223 STAFF REPORT �e4 etd CITY COUNCIL MEETING NOVEMBER 12, 2013 REPORT PREPARED BY: JEFF PEARSON, TRANSPORTATION ENGINEER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 07 ()Ili GNATURE OTHER DEPARTMENT REVIEW: 0 N/A'" ' TRW j REVIEWED BY CITY MANAGER: ' A is - /_, i ., /...4z... „„,.. . Air- _ .vor ITEM FOR COUNCIL CONSIDERATION: First reading of an ordinance adopting the 77th St Underpass Official Map. I. RECOMMENDED ACTION: By Motion: Approve first reading of the attached ordinance amendment to Richfield City Code Section 551 (Zoning: Official Map) to include Subsection 551.02. 77th Street Underpass and schedule the public hearing and second reading of the ordinance for December 10, 2013. II. EXECUTIVE SUMMARY Adoption of an Official Right-of-Way Map (Official Map) for the area in which the 77th Street Underpass would be constructed protects the City and State from escalating costs associated with the purchase of property at a later date when the road improvement is made, restricting the ability of landowners to construct within the identified area. The Official Map will also allow the City to seek additional funding sources to expedite construction. The Right-of-Way Acquisition Loan Fund (RALF) is one such funding source that the City has used in the past. The fund is administered by the 1112130fficialMap Metropolitan Council and is designed to reserve right-of-way for road expansion in areas where the cost of land is escalating and land acquisition is critical to completing the project. To qualify for the interest free RALF funds, the City must adopt an official right-of-way map for the 77th Street Underpass project. III. BASIS OF RECOMMENDATION A. BACKGROUND After holding a public hearin g, the Planning Commission recommended adoption of the 77th St Underpass Official Map at the October 28, 2013 Commission meeting. No comments were received at the public hearing (According to State law, formal adoption of the Official Map is necessary because the document is considered a special land use control). The Official Map will have an effect on the issuance of building permits. Building permits are the control mechanism for carrying out the objectives of the Official Map. There are two aspects of this control: 1. Following the adoption and filing of the Official Map, a landowner, without a building permit, or in violation of the provisions of a building permit, places a building or structure within the limits of the proposed street, then when the City acquires the land for street purposes, it will not have to pay damages for the loss of that portion of the building or structure lying within the proposed street area. 2. The following procedure for issuing building permits is proposed: a. If a building permit application discloses that construction is planned within the proposed street area, the building official should deny the permit. b. Upon denial, the applicant can appeal the denial to the Council. The Council can grant the permit if it makes certain findings (1) that the property cannot yield a reasonable return to the owner unless the permit is granted, and (2) that on balance, the grant of the permit is required "in the interests of justice and equity". The proposed 77th Street Underpass Official Right-of-Way Map (attached) identifies the additional right-of-way required to complete the underpass project and identifies the parcels affected. The surplus land may be used for redevelopment where adequate. B. CRITICAL TIMING ISSUES • The City will request funding for right-of-way purchase using RALF funds once an Official Map is adopted. C. FINANCIAL • Adoption of an official map would have no financial impact to the City. D. LEGAL • Subsection 547.07 of the Zoning Code requires the City Council, after receipt of the amendment recommendation from the Planning Commission, to consider the matter at a first reading and, if approved, schedule a second reading (State statute Section 462.359, subd. 2 requires the Council to hold a public hearing). • According to State law, formal adoption of the Official Map is necessary because the document is considered a special land use control. • An adopted Official Map is required for MnDOT to certify that the project requires the identified additional right-of-way. • The City attorney will be present at the Council meeting and will be available for counsel. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • Council could recommend against or not take action on the adoption of the official map. V. ATTACHMENTS • Proposed Ordinance • 77th St Underpass proposed layout • 77th St Underpass Official Map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. ORDINANCE NO. AN ORDINANCE RELATING TO THE ADOPTION OF AN OFFICIAL MAP; AMENDING THE RICHFIELD ZONING CODE BY ADDING SUBSECTION 551.02 THE CITY OF RICHFIELD DOES ORDAIN: Appendix Section 1. The Richfield City Code is amended by adding the following new subsection 551.02. 551.02. Official Map —77th Street Underpass Subdivision 1. Adoption. For the purpose of carrying out the policies of the major thoroughfare plan and the community facilities plan of the City, the 77th Street Underpass Official Right-of-Way Map is hereby adopted. Subdivision 2. On File. A copy of the official map, or section thereof with a copy of the adopting ordinance attached shall be filed with the County Recorder and be on file in the Public Works Department of the City. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of December, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 5D-d- I I • I -i -I ,I- I r r I I-I 1 36 1 I 1 I I 1 14\ 35f/'4 EAST QUARTER CORNER I 1 1 I I '-I --I -- - 1 SECTION 35.TOWNSHIP 28,RANGE 24 I EXHIBIT A NW CORNER 1 I 1 I I 1 I E SE 1/4 SE 1/4 - - X - 1 City of Richfield Proposed Acquisition Map l E -1 [- I- I m WI 16 w�i6 I NE CORNER Pursuant to Ordinance#xxxx-xx - I SE 1/4 SE1/4 I 1 - - - 32.95 J J L 589°50'07"W (Cedar Avenue) 76TH STREET EAST _ sag°Soo?aa \I `I�/ SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, r r SOO°00'41"E -_ R=248.48 33'49 \� •\� SECTION 35,TOWNSHIP 28, RANGE 24 NORTH LINE OF THE SE 1/4 OF THE SE 1/4 4=51°30'00" 1\ oq, L I L=223.34 I ---- _ moo• i CB=S25°44'19"W- -t- /I I _ I I CD=215.90 \ I z ) - 1� - 1 PI D43502034440003 �\ // THE CITY COUNCIL OF RICHFIELD,MINNESOTA IS HEREBY DESIGNATING THE iDJFa gBWJFO g � - Total 4,44-13355 sq.ft I I 1 Ploposecl Acquisition-3,611 _I I / I �V A-03.1.62 NORTH,RANGE 24 WEST,HENNEPIN COUNTY,MINNESOTA. • I e=o3°12•16„ - \ /� R=324.48 S51°29'19"W \ _ / G=44°00'00" L-156.82 35.oo �=J j CB=NO3°17'15^ E As shown on this map prepared for the city of Richfield,is hereby certified to be the L=249.18 - -- / \ I CB=S29°29'19"W 1 ' - / I / C0=158.80 official map of that portion of said Cedar Avenue within said Section 35,pursuant to cD=243.1O - y IPID4 2824440025 A Minnesota Statutes 505.1792 and 505.1793. / \ \ - TOtalAreen=e,0 2sq.s. I R=508.54 / \ Pr4pose.ACqukilion=20,521 I- t_I_ \ �` L / \ d=06°47'19" \ I / j L=60.25 Mayor Clerk Date CB=N09°15'20"E / / CD=60.22 I s -1 \ /PID 43502824440004 Su/ V MoM60pereen9 LP I - / Total an=54,584 sq.0204eq ft e ryk \ I hereby certify that this map was prepared by me or under my direct supervision and I =, that I am a duly Registered Land Surveyor under the laws of the State of Minnesota 1 pursuant to MS 505.1793. The future acquisition lines shown on this official map are • I 230.91 _ 388.-1 accurate and can be located on the ground. S07°29'19"W r I ° t- ..' L m Certified by RLS License No. Date/ I yy -, - EAST LINE OF THE SE 1/4 OF THE SE 1/4 , I T I have examined and found this official map has been prepared in sufficient detail to I I I P10 03502624440000 permit the establishment of future acquisition lines on the ground. It is recommended SOUTH LINE OF THE SE 1/4 OF THESE 1/4 I I 1 cxy of Rkn4eE Cemmun5 Development „1' EXISTING HIGHWAY ToWArea=32,835 Sq.ft 15 /, RIGHT OF WAY for approval this _day of ,2013. I RID 43502024440006 I ProposeclAcqulnitlon=3,223cq.R 9, 1 Jegy E Ma0mg I I e' CIO Metro Saks Inc. I OW / 17o1NAre 54,077 sq.ft - - 1 Proposed Acqursilion 4 2,328 sq.ft 1 I may" I _ I PID43W20244400081 Q- Hennepin County Surveyor Date Jer5 E.Ma4n4g s' ( 1 C/o Metro sales Inc.I I f I Total Area=54,077 sq ft 25.52 I 0e05 8 , .1' , 1 534°19'32"W 46.29 • I 567°27'S8"W Pyti6j �tpe� This City of Richfield Proposed Acquisition map is Exhibit A of Ordinance#xxxx-xx 5 I o,w I / /G� recorded as Document Number on the day of 2013,in the 10.02 562.0\'''°-5"* 60 A� I / I 1s office of the Hennepin County Recorder,Hennepin County,Minnesota. This map is 1 - soo•oro2"w \ r / /2 filed for record in Plat Cabinet No. . I I IS67°27'58"w�, I 04.66 \ 1--1 ya Z Notes: 1500°02'02"W ,L-(' S 8.18 c s _N6�X63.8 z--/' 1) Parcel lines are based on GIS mapping and have not been surveyed ° - ( 2) Parcel total areas are based on Hennipen County tax records d - d 3) Proposed Pro acquisition areas are a E 589°50'47"E P q approximate 0 45.83 1 E Estimate Parcel Line/Let Lines ,^M Existing Right of way BW 11 6 Future Acquisition Line - - 2 25+6? The basis of bearings assumes the east line of 701 Xenia Avenue South,Suite 300 � Future Center Line - - - - - - 9 "1P' the Southeast Quarter, Sect on 35,Township 28. WSB Minneapolis,MN 55416 Existing Center Line - - - - / Range 24. to have a bearing of 500°00'10"E JQ wwwwsbeng.com • o m PLS Line _ C SW CORNER Hennep n County SOUTH LINE OF THE SE 1/4 OF THE SE 7/4 SE CORNER SECTION 35, 80' 0' 80' 160' 240' 518114800.54763541-1700'C SE 1/4 SE 1/4 P i y Monument 0 / TOWNSHIP 26,RANGE 24 Associates,Mc. • INFRASTRUCTURE 1 ENGINEERING'PLANNING i CONSTRUCTION C.-. GRAPHIC SCALE 03 Sheet 1 of 1 J • ; , . L ::::‘ ' ----1414-i, .. , �# � i1 X l'i:�i r r ! ,: :: ., # �.� � EXHIBIT A■ t t �_ 'L' , `t . , ,_ City of Richfield Proposed Acquisition Ma �r i ►' .. I C Y P q Map _ t � � '. -1 I !°m NF CO• t Pursuant Ordinance �. , 1 s 3i!„°.,,,,. ,,•` i SE 14 .E• i }t`, nt to O d i n ce #xxxx-xx !` ; r 33.00 �{ I Y.-� -.. a «.•_.ts" ", ;xs ...,a !! 5850 2&"h 3 • (Cedar Avenue) x `6TH'STREET EAST S•9°so'2e w _ e ,5;. i' ` t s Sze w SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, �. _ _ - ; a4 _- ,,,,,..„> #/4 OF THE SE V4 a • SECTION 3 TOWNSHIP 2 RANGE 24 ili 4." at ' #__ _. _„3 R .. 00„- s T f :.'�t! «e Tt + II x23: 4 .7:1k:.„ ¢ ,i 5 T 8 R —46- 1 „, -t, 1, - Jf x �, r THE CITY COUNCIL OF RICHFIELD,MINNESOTA IS HEREBY DESIGNATING THE . 9 + 7 K - `, v r5 I f, ""u a r tit j� I. PROPOSED LOCATION OF CEDAR AVENUE IN SECTION 35,TOWNSHIP 28 1.i # ass sz NORTH,RANGE 24 WEST,HENNEPIN COUNTY,MINNESOTA. +. .''- � c- > _'�.. 4 3c i 8 82 I a ,=•;'\ ^'!. 03 .',s As shown on this map prepared for the city of Richfield,is hereby certified to be the .t, I , C _29°2 V,,; i5 s'a° #`\. Y CD-243._jyz / �- 1 y. official map of that portion of said Cedar Avenue within said Section 35,pursuant to - ;f = / ,°;` Minnesota Statutes 505.1792 and 505.1793. i if �3<t.fiwnan,cP,. _ G6°x7'99” - '�' ' i I 0 1`4_=60.25 - f- s e ce°15'za„ry, 'a Mayor Clerk Date I TR °n ' `� # 7.2 r \ :, I hereby certify that this map was prepared by me or under my direct supervision and • II • t l;>i _ _ that I am a duly Registered Land Surveyor under the laws of the State of Minnesota_ . 1 -� }�,� pursuant to MS 505.1793. The future acquisition lines shown on this official map are .: ,,. .. - ,, ., . _, __ .14*-kb. -- - . - ;.. '-‘- -- - '-- - --- - - . . .f or°z9'i w ('"� accurate and can be located on the ground. III 77TH STREET EAST- • _. - .�, ,,. � @_ I Certified by RLS License No Date w ...,- —_ : t b 07. a E o E sE. I have examined and found this official map has been prepared in sufficient detail to EAST LINE P AJSGIc CC WrF SOUTH LINE OF THE SE 1/4 OF THE SE tw s �0 �ryo, �e • oe,e �, / ' permit the establishment of future acquisition lines on the ground. It is recommended , , a_ ^'pgr� E n '� `o'°`e•',... bon n 123sq.ft ,`'y� 15 F '<< "*`` ` - for approval this day of ,2013. h 4�” �FOra-m !' L �yt ® P @ `QA „F 4 �` Hennepin County Surveyor Date 2 ::2 a Aw,mc a s a 4 II Nia°t9,3 t* « t t 9 �P 0 �, This City of Richfield Proposed Acquisition map is Exhibit A of Ordinance#xxxx-xx ,,_ . o M' i _. ° recorded as Document Number on the day of 2013,in the , o L ° Y S62 17--, n :� ., /� j office of the Hennepin County Recorder,Hennepin County,Minnesota. This ma is o 4 filed for record in Plat Cabinet No 1 o , .. P .,r �' cis ..,. -fir o °, �- -. - .� 61 ' 1) Parcel lines are based on GIS mapping and have not been surveyed o _ d 2) Parcel total areas are based on Hennipen County tax records . _T as Go 4z v ,. r YF „?E' 3) Proposed acquisition areas are approximate .4 F 3 j I o MM Estimate Parcel Line/Lot Lines III — tiO N.R29 The basis of bearings assumes the east line of .. \,°� E Existing Right of way the Southeast Quarter. Section 35.Township 28. A,.,o 14/11 6 35 36 701 Xenia Avenue South,Suite 300 o. Future Acquisition Line A 2 t s' Range 24. to hove a bearing of S00°00'10"E ax I Future Center Line -. _ _ _ i 29 +,�1 ,/�/[�Q Minneapolis,MN 55416 -°off Existing Center Line I W 1. 0, rrJQ www.wsbeng.con? 'i � PLS Line , 8 ■ ■ ■ ■ �' 80' 160' 240' — m SW CORNER ■ ■ ■ ■ ■ ��— ffAssociates,Inc. SE 1!4 SE 1/4 Hennepin County Monument O SOUTH LINE OF THE SE 1/4 OF THESE 1/4 i GRAPHIC SCALE ..��763591.600-Fax 763541-1700 Ls' , SE CORNER SECTION 35, INFRASTRUCTURE 1 ENGINEERING 1 PLANNING,CONSTRUCTION TOWNSHIP 28,FtANGE 24 .S _...-_---------------_-.-----_.....__-------..-.._-------_....._.-.......-._..---......_..._--.-.....-_..-.-.......-_-...-._.__--.-._. ._.--_-------.......--..._..-_ heet 1 of 1 AGENDA SECTION: CONSENT AGENDA ITEM# SE REPORT# 224 STAFF REPORT ee*ee CITY COUNCIL MEETING NOVEMBER 12, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: Er ...Ucil,il.v.ta SIGNATURE OTHER DEPARTMENT REVIEW: ❑ N/'• ,_-.I t MI Rev.REVIEWED BY CITY MANAGER: �(A/ �;� / r / _ .ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of pawnbroker and secondhand goods dealer licenses for 2014 for Metro Pawn and Gun, Inc. and University Cash Company, LLC d/b/a Avi's Pawn and Jewelry, and setting date of public hearing. I. RECOMMENDED ACTION: By Motion: Approve the setting of a public hearing to be held December 10, 2013, for the renewal of pawnbroker and secondhand goods dealer licenses for 2014 for Metro Pawn and Gun, Inc, and University Cash Company, LLC d/b/a Avi's Pawn and Jewelry. II. EXECUTIVE SUMMARY Richfield City ordinance provides that the City Council conduct a public hearing to consider all pawnbroker and secondhand goods dealer license renewals and that a date be set for the public hearing prior to the hearing. Therefore, this request is for approval of a public hearing to be scheduled for December 10, 2013, for the consideration of these license renewals. III. BASIS OF RECOMMENDATION 111213 Set Hearing Pawnxxx A. BACKGROUND • The pawnbroker and secondhand goods dealer licenses will expire on December 31, 2013. • Hearings must be scheduled and held before a renewal license may be considered. • The renewal process has been initiated. • Holding the public hearing on December 10, 2013 will provide ample time to complete the licensing process before January 1, 2014. B. POLICY • City ordinance provides that the City Council conduct a public hearing to consider all pawnbroker and secondhand goods dealer license renewals. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • N/A E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: CONSENT AGENDA ITEM# 5F REPORT# 225 STAFF REPORT .c4#e" CITY COUNCIL MEETING NOVEMBER 12, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: Br( iLrectallt SIGNATURE OTHER DEPARTMENT REVIEW: J N/A S/GNATU REVIEWED BY CITY MANAGER: 1 4.kA'1110 I ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of on-sale wine and on-sale 3.2 percent malt liquor licenses for 2014 for: Thompson's Fireside Pizza, Red Pepper Chinese Restaurant, The Noodle Shop Co. — Colorado, Inc., d/b/a Noodles and Company (two locations), Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill, Lariat Lanes, Patrick's Bakery & Café, Joy's Pattya Thai Restaurant, and setting date of public hearing. I. RECOMMENDED ACTION: By Motion: Consideration of the renewal of on-sale wine and on-sale 3.2 percent malt liquor licenses for 2014 for: Thompson's Fireside Pizza, Red Pepper Chinese Restaurant, The Noodle Shop Co. — Colorado, Inc., d/b/a Noodles and Company (two locations), Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill, Lariat Lanes, Patrick's Bakery & Café, Joy's Pattya Thai Restaurant, and setting date of public hearing. II. EXECUTIVE SUMMARY Richfield City ordinance provides that the City Council conduct a public hearing to consider the renewal of all on-sale wine and 3.2 percent malt liquor license applications and that a date be set for the public hearing prior to the hearing. 111213 Set Hearing Wine Therefore, this request is for approval of a public hearing to be scheduled for December 10, 2013 for the consideration of these license renewals. III. BASIS OF RECOMMENDATION A. BACKGROUND • The on-sale wine and on-sale 3.2 percent malt liquor licenses for restaurant establishments will expire on December 31, 2013. • Hearings must be scheduled and held before a renewal license may be considered. • The renewal process has been initiated. • Holding the public hearing on December 10, 2013 will provide ample time to complete the licensing process before January 1, 2014. B. POLICY • City ordinance provides that the City Council conduct a public hearing to consider all on-sale wine and on-sale 3.2 percent malt liquor license renewals. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • N/A E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: CONSENT AGENDA ITEM# 5G REPORT# 226 STAFF REPORT ge:644e d CITY COUNCIL MEETING NOVEMBER 12, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME TITLE DEPARTMENT DIRECTOR REVIEW: I� SIGNATURE OTHER DEPARTMENT REVIEW: El N/A • S/GNAT REVIEWED BY CITY MANAGER: I At ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of on-sale intoxicating and Sunday liquor licenses for 2014 for Khan's Mongolian Barbeque, Champps Operating Corporation d/b/a Champp's Restaurant, Minneapolis-Richfield American Legion Post 435, Fred Babcock VFW Post NO. 5555 d/b/a Four Nickels Food and Drink, Don Pablo's Operating Corporation d/b/a Don Pablo's, Wiltshire Restaurants, LLC d/b/a/ Houlihan's Restaurant & Bar, The Frenchmans, Pizza Luce VII, Inc., and Financial Guidance, Inc. d/b/a Four Points by Sheraton, and setting date of public hearing. I. RECOMMENDED ACTION: By Motion: Consideration of the renewal of on-sale intoxicating and Sunday liquor licenses of 2014 for Khan's Mongolian Barbeque, Champps Operating Corporation d/b/a Champp's Restaurant, Minneapolis-Richfield American Legion Post 435, Fred Babcock VFW Post NO. 5555 d/b/a Four Nickels Food and Drink, Don Pablo's Operating Corporation d/b/a Don Pablo's, Wiltshire Restaurants, LLC d/b/a/ Houlihan's Restaurant & Bar, The Frenchmans, Pizza Luce VII, Inc., and Financial Guidance, Inc. d/b/a Four Points by Sheraton, and setting date of public hearing. 111213 Set Hearing Liquor II. EXECUTIVE SUMMARY City Ordinance provides that the City Council conduct a public hearing to consider all on-sale liquor license renewals and that a date be set for the public hearing prior to the hearing. Therefore, this request is for approval of a public hearing to be scheduled for December 10, 2013 for the consideration of these license renewals. III. BASIS OF RECOMMENDATION A. BACKGROUND • The on-sale liquor licenses for restaurant establishments will expire on December 31, 2013. • Hearings must be scheduled and held before a renewal license may be considered • The renewal process has been initiated. • Holding the public hearing on December 10, 2013 will provide ample time to complete the licensing process before January 1, 2014. B. POLICY • City ordinance provides that the City Council conduct a public hearing to consider all liquor license renewals. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • N/A E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • AGENDA SECTION: CONSENT AGENDA ITEM# 5H REPORT# 227 STAFF REPORT s'ee, Gee' CITY COUNCIL MEETING NOVEMBER 12, 2013 REPORT PREPARED BY: MELISSA POE I MAN, CITY PLANNER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: El / SIG 7 OTHER DEPARTMENT REVIEW: ❑ AN r .1,05,G arif REVIEWED BY CITY MANAGER: / 1l ITEM FOR COUNCIL CONSIDERATION: First reading of an ordinance amending parking requirements for restaurants serving minimal alcohol that are located within shopping centers. I. RECOMMENDED ACTION: By Motion: Approve a first reading of the attached ordinance amending Subsection 544.13, Subd. 6 related to parking requirements for restaurants within shopping centers. II. EXECUTIVE SUMMARY City staff continually monitors and notes areas of the Zoning Code that may require review. Parking requirements have been, and will likely continue to be, one of the more challenging regulatory items, as the City works to find a balance that allows for thriving commercial areas in close proximity to single-family neighborhoods. Staff will continue to evaluate parking requirements for various uses, but proposes this initial change related to restaurants located within shopping centers. Shopping centers require 3.5 —4 parking spaces per 1,000 square feet of floor area, depending on the total size of the shopping center. Parking for restaurants within these shopping centers is calculated at this same rate, unless: - the shopping center is under 20,000 square feet; 111213 - 1st Read Restaurant Parking Ord Amend.docx - the restaurant serves alcohol or has wait staff; - the restaurant has a drive-thru; OR - total restaurant square footage exceeds 25% of the shopping center. If any of these conditions apply, parking for the restaurant is calculated separately at the same (higher) rate as stand-alone restaurants. The proposed ordinance change addresses the issue of alcohol service as a trigger for higher parking requirements. Historically, alcohol sales were associated with traditional, sit-down restaurants. In these cases, it is reasonable to require additional parking given that the time an individual customer spends at this type of restaurant is typically longer. In recent years, however, "fast casual" restaurants have begun to offer beer and/or wine. Alcohol sales tend to make up a very small portion (less than 5%) of sales at these locations and the increased parking requirement does not seem justified. The proposed amendment will change the trigger for separate parking calculations from a restaurant that serves any alcohol, to restaurants in which alcohol sales exceed five percent of annual sales. III. BASIS OF RECOMMENDATION A. BACKGROUND • The Council has asked staff to evaluate impediments to business development within the Community. Excessive parking requirements are not in the best interest of the City. • Neither the American Planning Association nor the Institute of Transportation Engineers differentiate restaurant parking standards based on alcohol service. Parking standards are determined primarily by customer turnover rates. B. POLICY • Zoning Code regulations are intended to promote and protect public health, safety and welfare. No adverse impacts are expected as a result of the proposed amendment. • Ongoing review and periodic updating of the Code is necessary to ensure that regulations are serving their intended purposes. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • N/A E. LEGAL • A public hearing was held before the Planning Commission on October 28, 2013. • Notice of the public hearing was published in the Sun Current in accordance with State and Local requirements. • The Planning Commission recommended approval of the proposed amendment (7-0). • A second reading is scheduled for November 26, 2013. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Approve a first reading with additional changes. • Deny approval of a first reading. V. ATTACHMENTS • Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A 1-i - I BILL NO. AMENDMENT TO RICHFIELD CITY CODE SUBSECTION 544.13 RELATED TO MINIMUM PARKING STANDARDS FOR RESTAURANTS OR FOOD SERVICE WITHIN SHOPPING CENTERS THE CITY OF RICHFIELD DOES ORDAIN: Section 1 The "Restaurants or food service in shopping centers" portion of Subsection 544.13, Subdivision 6 of the Richfield City Code is amended to read as follows: I Restaurants or food service in I Calculated separately unless the shopping centers. I restaurant meets all of these requirements: • The shopping center floor area is over 20,000 square feet. • The restaurant does not have wait staff serving food directly to the customer while seated. • The restaurant does not have an iIntoxicating liquor liccnscsales at the restaurant shall not exceed five percent of annual revenue. I • The restaurant does not have in- vehicle sales or service. • The combined total erof all restaurants and food services total less than 25 percent of the gross floor area of the building andshopping center......................................................................� Sec. 2 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 26th day of November, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 5I REPORT# 228 STAFF REPORT epee CITY COUNCIL MEETING NOVEMBER 12, 2013 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: y' IGN URE OTHER DEPARTMENT REVIEW: 4' FW4 r, REVIEWED BY CITY MANAGER: / ITEM FOR COUNCIL CONSIDERATION: First reading of a Transitory Ordinance vacating a street right-of-way easement adjacent to and within the boundaries of 6401 Penn Avenue (Fire Station 2). Necessary right-of-way shall be reserved through the platting of the property and an easement is no longer necessary. I. RECOMMENDED ACTION: By Motion: • Conduct a first reading of a Transitory Ordinance vacating a right-of-way easement at 6401 Penn Avenue; and • Call for a public hearing and second reading to be held on December 10, 2013. II. EXECUTIVE SUMMARY As part of the Fire Station 2 remodel, the City has undertaken the platting of the property. This process not only provides the City with a current survey of its land, but also affords the City the opportunity to review all property title work. There exists a right-of-way easement along Penn Avenue that will become redundant with the filing of the plat and therefore should be vacated. There is also an easement for street purposes along the northern 50 feet of the property. This easement goes through the existing building and should also be vacated. 111213-1st Read 6401 Penn vacate ROWxxx III. BASIS OF RECOMMENDATION A. BACKGROUND • N/A B. POLICY • The Council may by ordinance vacate a street, alley, public grounds or a part thereof, on its own motion or upon the petition of the owners of half of the land abutting the street, alley, public grounds or part thereof to be vacated. • The City owns the adjacent land. • No vacation may be made unless it appears in the interest of the public to do so. • The existing right-of-way easement will no longer be necessary upon adoption of the plat for 6401 Penn Avenue. • It is good policy to remove easements or other property encumbrances that are no longer necessary. C. CRITICAL TIMING ISSUES • Consideration of the plat of 6401 Penn Avenue is scheduled for December 10, 2013. • A public hearing and second reading of this Transitory Ordinance should be scheduled for the same evening. D. FINANCIAL • N/A E. LEGAL • Notice of the public hearing shall be published in the Sun Current newspaper as required. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • N/A V. ATTACHMENTS • DRAFT Transitory Ordinance • Vacation area exhibit • Proposed plat VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A 5J-- DRAFT BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY EASEMENT (6401 PENN AVENUE) THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The following described lands are subject to the easements as described below for public street right-of-way purposes ("Street Easement"): [INSERT LEGAL DESCRIPTION] Sec. 2: Required right-of-way has been dedicated through the platting of the property. Sec. 3: The Council finds that there is not a public need for the Street Easement. Sec. 4. The City of Richfield held the first reading on November 12, 2013 and second reading on . Legal notice was published in the City's official newspaper as required by ordinance. Sec. 5: The vacation of the Street Easement is effective in accordance with City Charter requirements. Sec. 6: The City Clerk is directed to prepare a certificate of completion of vacation proceedings and to record the vacation in the office of the Hennepin County Registrar of Titles or Hennepin County Recorder, as appropriate. Passed by the City Council of the City of Richfield, Minnesota this , 2013. Debbie Goettel, Mayor ATTEST: PH 2nd Read: Transitory Ordinance vacating Right-of-way Easement at Fire Station 2- 6401 Penn Ave. Nancy Gibbs, City Clerk g . .... .. g v i a ' 8 tt 1 - 21a a v z .-1() 3 A a . . r ° , 3 , 2 L,..,y, ! E — ■ !i E 1 8. = r--,E'.= . 1:4„1,16.16i'.11,g11-ttil.§.51,rg',1,1 EF, . =P r8 . . ,^' • ttl i't- .[ E 0) ; 2 ''.3., •°'LII .9':=•:'f.'.'.- L - 'lIl i ing N itt r ti 6 io Et a 21■'-,...tV t e'-"..6 ea;g i. 6 Lt Gi 4 E u ! 6 o o 6 i .z.,:a. gl t 6 21" 6 Eli8 “. A o 22 . . . . .. * '431 8ctii I ) ,.47S-6'71,4,, ' ,, 4-.4 10 • x * •,-.9c , - '-' -4" H 110S' , al1N3AV tonna' rz, , ' 1 - i-- n I < ...4.., Ca 1 - 4 '1.-4 i ' . 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Hinos 3r1N3AV NN3d' 3 .,, : 4 z A 1 3 AP --A , 0 g 5 .7. ,,, r- rA ' f g Hi r - -- - AGENDA SECTION: CONSENT AGENDA ITEM# 5J REPORT# 229 STAFF REPORT 04 4 a�;eie CITY COUNCIL MEETING NOVEMBER 12, 2013 REPORT PREPARED BY: CHRISTINE COSTELLO,ECONOMIC DEVELOPM T COORDINATOR f NAME,TITLE f DEPARTMENT DIRECTOR REVIEW: SIGNATURE OTHER DEPARTMENT REVIEW: D / IFT .41 REVIEWED BY CITY MANAGER: • kw, tom.. ITEM FOR COUNCIL CONSIDERATION: Conduct a first reading of Ordinance 541.19, amending noise attenuation requirements for new residential construction in the 2007 60-62 and 63 or greater DNL contours and schedule a second reading for November 26, 2013. I. RECOMMENDED ACTION: By Motion: 1. Approve a first reading of Ordinance 541.19, amending noise attenuation requirements for new residential construction in the 2007 60-62 and 63 or greater DNL contours, 2. Schedule a second reading for November 26, 2013. II. EXECUTIVE SUMMARY City staff continually monitors and notes areas of the Zoning Code that may require review. Staff has identified deficiencies in the City's airport noise attenuation standards. The proposed changes will clarify existing standards in an effort to improve compliance. The proposed ordinance will continue to recommend that homeowners who are remodeling or adding on to existing homes consider noise mitigation measures, but will not require such measures. Mitigation measures are not meant to be a deterrent to investment in existing homes. For new residential construction it is 111213-1st Rdg Ord Amend Noise Attenuation.docx much easier to incorporate noise attenuation measures. The requirements for noise attenuation are the same as originally written; only the language has changed. The ordinance will continue to require the following for new single-family and multi-family construction: • 2007 63+ or greater DNL Contours shall utilize building materials with a Sound Transmission Class (STC) rating of at least 40 and shall include installation of central air conditioning and mechanical ventilation throughout the habitable area of the structure; and • 2007 60-62 DNL Contours must include the installation of central air conditioning and mechanical ventilation throughout the habitable areas of the structure. The proposed language will be easier for homeowners and builders to interpret and apply to construction projects. Additionally, the proposed ordinance will incorporate a map to more clearly indicate which category applies to specific homes. III. BASIS OF RECOMMENDATION A. BACKGROUND In 2005 the cities of Richfield, Minneapolis, and Eagan were parties to litigation related to airport noise against the Metropolitan Airports Commission (MAC). In October 2007 the lawsuit was settled and under the terms of the settlement, MAC has been providing varying degrees of noise mitigation measures to single and multi-family homes. Additionally, as part of the settlement Consent Decree, all of the affected cities were required to formally consider a draft ordinance (prepared by MAC) for airport noise attenuation by September 1, 2008. In July 2008, the Planning Commission and City Council held hearings regarding the proposed ordinance. The City Council voted to reject the proposed ordinance and directed staff to write an ordinance that was specific to the needs and goals of the community. On March 10, 2009 the City Council adopted an ordinance that reflected the community's needs for noise mitigation, but that did not put an undue burden on homeowners. Since the ordinance's approval in March 2009, it has served its intent, but staff has found that the language is unclear for those who may not read and/or review zoning ordinances frequently. B. POLICY • Ongoing review and periodic updating of the Code is necessary to ensure that regulations are serving their intended purposes. • The Ordinance has not changed since originally approved in March 2009. • The proposed changes will make the Ordinance more user-friendly. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • N/A E. LEGAL • A public hearing was held before the Planning Commission on October 28, 2013. • Notice of the public hearing was published in the Sun Current in accordance with State and Local requirements. • The Planning Commission recommended approval of the proposed amendment (7-0). • A second reading is scheduled for November 26, 2013. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE.RECOMMENDATION(S) • Recommend approval of the revised Ordinance with additional changes. • Recommend denial of the revised Ordinance. V. ATTACHMENTS • Proposed Ordinance • Noise Attenuation Areas in Richfield for New Residential Construction Map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A BILL NO. AMENDMENT TO RICHFIELD CITY CODE SUBSECTION 541.19 RELATED TO NOISE ATTENUATION THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 541.19, of the Richfield City Code is amended to read as follows: 541.19. Noise Attenuation. Subdivision 1. It is in the best interest of the City and of current and future residents that the integrity of all residential structures which have received a 5dB or other sound insulation package from the Metropolitan Airports Commission be maintained subject to the following: Subd. 2. 2007 63+ or greater DNL Contour Definition. For the purpose of determining noise attenuation for new residential construction on a property, this area is defined as the area in which noise is greater than within the 2007 60-62 DNL Contour. Subd. 33. Noise Attenuation Required. Any new '- - - - - - . - •' residential construction on property located within the 69* 2007 63+ or greater DNL Contours, or any infill construction or rebuilding of residential structures after tearing down the original structure which takes place within blocks or between structures that have received noise attenuation pursuant to the Consent Decree or pursuant to previous noise mitigation programs of the Metropolitan Airports Commission, shall utilize building materials with a Sound Transmission Class (STC) rating of at least 40 and shall include installation of central air conditioning and mechanical ventilation throughout the habitable areas of the structure. Subd. 34. Requirements within the 2007 60-62 Contours. All new residential construction -- . _ - - - _ -- located in blocks or between structures that have received noise attenuation pursuant to the Consent Decree that are in the 60 to 62 DNL contours, as defined in the Consent Decree, must include installation of central air conditioning and mechanical ventilation throughout the habitable portion of the structure.•e . -- - _ _ •_- "" - -- - - - - - - - - -- - - - - -- - - - - - Subd. 5. Noise Attenuation Recommended but not required. For construction of a habitable addition to a dwelling unit that expands the habitable area of a dwelling unit which had previously received 5dB sound insulation package from the Metropolitan Airports Commission pursuant to the Consent Decree or pursuant to previous noise mitigation program of the Metropolitan Airports Commission, the property owner is 111213-1st Rdg Ord Amend Noise Attenuation.docx encouraged to consider (i) the inclusion of central air conditioning and mechanical ventilation for the expanded area and (ii) utilization of materials with a Sound Transmission Class (STC) rating of at least 40 in order to achieve similar noise attenuation in the expansion of the structure as existed in the principal structure prior to the expansion. Subd. 6. Noise Attenuation Map. Final determination of noise requirements for this ordinance will be based on the map titled, "Noise Attenuation Areas in Richfield for New Residential Construction". 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AGENDA ITEM# 230 REPORT# STAFF REPORT , wed CITY COUNCIL MEETING 11/12/13 REPORT PREPARED BY: CHRIS LINK, OPERATIONS MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: /)47 7�j SIGNATURE OTHER DEPARTMENT REVIEW: ❑ N/A 9 SIGNA.URE A REVIEWED BY CITY MANAGER: Adik IL ‘, ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of the proposed ordinances modifying the electric and gas franchise fees and scheduling a public hearing and second reading for December 10, 2013 for both. I. RECOMMENDED ACTION: By Motion: 1. Approve first reading of the attached ordinance modifying the electric franchise fee on Northern States Power d/b/a Xcel Energy for providing electric service within the City of Richfield and schedule the public hearing and second reading for December 10, 2013. 2. Approve first reading of the attached ordinance modifying the gas franchise fee on CenterPoint Energy for providing gas service within the City of Richfield and schedule the public hearing and second reading for December 10, 2013. 111213FranchiseFee II. EXECUTIVE SUMMARY The recommendation to increase the franchise fees for Richfield residents and businesses came after much deliberation. In response to City Council Goal #29-Capital Investment Plan-Streets, staff recommended an accelerated Mill and Overlay program. This need was discussed at the May 14, 2013 worksession, and then further details were provided at the September 10, 2013 worksession. And finally, payment options were given to the Council at the October 8, 2013 worksession. The below summary provides more details of the program. Accelerated Mill and Overlay Program This program will address the 85 miles of residential streets that have not received any type of surface treatment in the recent past, many of which are 15-20 years past their expected life. City staff has deemed mill and overlay as an acceptable repair to the roads due to the existing pavement depth and quality, as determined by Braun Intertec. This program will also include the repair of Sanitary and Storm Sewer manholes and catch basins. The total cost for this project is estimated to be $20M which will be funded through an increase to the Franchise Fees. Increase to Franchise Fees Currently residential properties pay $4.10/month or $49.20 yearly collected by Xcel and CenterPoint. The proposed increase to residential properties is $8.20/month or $98.40 yearly. This would result in annual revenue of$1.85M for the City which will then be used to pay down the bonds sold to cover the cost of the program and continue the Pavement Management Program. Communications Plan Also in response to City Council Goals (#24, 25, and 29), staff has prepared a Communications Plan to inform the public of upcoming street capital improvements. This will include projects like the 66t Street Reconstruction project, but it would also include the Mill and Overlay Program. The draft communications plan will be presented to the Council at the worksession on November 12. Key elements of the Communication Plan prior to Council approval of the franchise fee are: • City-wide mailers (notifying residents of public hearing) • Open House (advertised through City-wide mailing), and • Newspaper publication III. BASIS OF RECOMME NDATION A. BACKGROUND Accelerated Mill and Overlay (M&O) Program Consistent with City Council Goal #29-Capital Investment Plan-Streets, staff surveyed the condition of the base-layer of pavement across the City to confirm that the base was sufficient to support an M&O program to renew the top layer of pavement and prolong the life of the roadway. At the September 10, 2013 worksession staff presented the results of the study and recommended an accelerated M&O program using an increase in the franchise fees to fund the program. At the October 8, 2013 worksession the proposed franchise fee rates were identified for Council consideration (see attached). This proposed program will address the remaining 85 miles of residential streets that have not received any type of surface treatment since they were constructed in the 1970's. Upon completion of the city-wide pavement coring analysis, conducted by Braun Intertec, staff deemed M&O as an acceptable alternative to rebuilding the road section. The good condition and remaining life of the base layer is attributed to the existing pavement depth and sandy sub-soil. This program will also include the repair of Sanitary and Storm Sewer manholes and catch basins. The total cost for this project is estimated to be $20M. Franchise Fees for Right-of-Way Improvement Purposes The City first adopted an Electric and Gas Franchise Fee Ordinance in December 2003 to fund primarily right-of-way items, including the City's Pavement Management Program and Forestry. In meetings with Xcel and CenterPoint, Xcel requested the City include in the ordinance that the funds be used for Pavement Management. It is the City's intention to include verbiage that the ordinance will be used for Right-of-Way Improvements. The proposed franchise ordinances include a fee schedule that outlines the current and proposed meter fees for the corresponding meter classes (see attached). Currently residential properties pay $4.10/month or $49.20 yearly collected by Xcel and CenterPoint. The proposed increase to residential properties is $8.20/month or $98.40 yearly. Communications Plan City residents and business owners will be informed of the proposed M&O program, associated rate increases, and the upcoming open house and public hearing via city- wide mailing and newspaper publication and can find more information regarding the program by: • Visiting the project website at http://www.cityofrichfield.org/millandoverlay • Attending the project Open House on December 4, 2013 Consistent with City Council Goals 24, 25, and 29, staff has worked with a consultant to prepare a communications plan to inform the public of upcoming street capital improvements, including the accelerated M&O program. The draft public relations plan will be presented to the Council at the November 12, 2013 worksession. Timeline: Below is the timeline for the rate increase and when the rates, if approved would be effective. Meeting with Chamber of Commerce President 09/30/13 Meeting with Xcel and CenterPoint (1) 10/02/13 Meeting with Xcel and CenterPoint (2) 10/04/13 Sent Rate Increase Notification to Utility Company 10/09/13 Community Services Commission Meeting 10/15/13 Council Worksession: Communications Plan 11/12/13 Approve first reading of the ordinance modifying the electric 11/12/13 and gas franchise fee and schedule the public hearing and second reading for December 10, 2013 Meeting at Chamber of Commerce 11/20/13 Publish Public Hearing Notice in the Sun Current 11/28/13 Pavement Management - Open House 12/4/13 Approve second reading of the ordinance modifying the 12/10/13 electric and gas franchise fee service within the City of Richfield and conduct the public hearing. Summary Publication Published in Sun Current 12/19/13 Ordinance Effective 1/18/14 Utility Co. Billing 4/01/14 B. POLICY • The dedicated funds generated from franchise fees provide a reliable funding source for right-of-way improvements. C. CRITICAL TIMING ISSUES • Collection of a Franchise Fee increase cannot occur until April 1, 2014. A delay in this process could delay the start of the M&O Program D. FINANCIAL • The fee increase would be $8.20/month or $98.40 yearly. • The cumulative annual fees generated by the increase amount to approximately $1.85M. • The total cost for this project is estimated to be $20M. E. LEGAL • Schedule public hearings and second readings for December 10, 2013. • The City Attorney will be at the meeting to answer questions. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could not approve the increase and direct staff on how to proceed. V. ATTACHMENTS • Ordinance modifying the gas franchise fee on CenterPoint Energy • Ordinance modifying the electric franchise fee on Northern States Power d/b/a Xcel Energy VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Affected businesses • Xcel and CenterPoint representatives n - i ORDINANCE NO. CITY OF RICHFIELD COUNTY OF HENNEPIN STATE OF MINNESOTA AN ORDINANCE MODIFYING THE GAS FRANCHISE FEE ON CENTERPOINT ENERGY FOR PROVIDING GAS SERVICE WITHIN THE CITY OF RICHFIELD THE CITY OF RICHFIELD ORDAINS: SECTION 1. The City of Richfield Municipal Code Appendix E is hereby amended as follows: Subdivision 1. Purpose. The Richfield City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Richfield. (a) Pursuant to City Ordinance No. 2003-10, a Franchise Agreement between the City and CenterPoint Energy ("CenterPoint"), the City has the right to impose a franchise fee on CenterPoint in an agreed upon amount and fee design, as set forth in Section 6.1 of the CenterPoint Franchise. (b) Pursuant to City Ordinance 2010-7, the City exercised its right to impose a franchise fee on CenterPoint. This includes the right to modify the fee amount with the consent of CenterPoint as to amount and notice period, to which CenterPoint has consented. Subd. 2. Franchise Fee Statement. Pursuant to Ordinance 2010-7, the franchise fee imposed on CenterPoint under its Gas Franchise is hereby amended. The amended fee schedule is attached hereto as Exhibit A and made a part of this ordinance, commencing with CenterPoint's April 2014 billing month. The franchise fee income shall be used for right-of-way improvements. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth as follows. The franchise fee shall be payable quarterly and shall be based on the complete billing months during the period for which payment is to be made. The payment shall be due the last business day of the month following the period for which the payment is made. The fee may be changed by ordinance from time to time; however each change shall meet the same notice requirements and may not occur more often than annually. Such fee shall not exceed any amount, which the Company may legally charge to its customers prior to payment to the City by imposing a surcharge equivalent to such fee in its rates for Gas service. The Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles or customer refunds. The time and manner of collecting the franchise fee is subject to approval of the Public Utilities Commission, which the Company agrees to use best efforts to obtain. The Company agrees to make its records available for inspection by the City at reasonable times, provided that the City and its designated representative agree in writing not to disclose any information that is not public data which would indicate the amount paid by any identifiable customer or any other information regarding specific customers. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that CenterPoint will surcharge its customers in the City the amount of the fee. Subd. 5. Record Support for Payment. CenterPoint shall make each payment when due and, if requested by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subd. 6. Enforcement. Any dispute, includin g enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 the Franchise Agreement. Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication or after the sending of written notice enclosing a copy of this adopted ordinance upon CenterPoint by certified mail. It has been agreed to in advance by CenterPoint's representatives that CenterPoint will abide by the provisions of this Subdivision 7, provided fee collection will not commence before the later of the Company billing month set forth in subdivision 2 or the first billing month commencing 20 days after the foregoing effective date of the franchise fee. SECTION 2. This Ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of December, 2013 Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk EXHIBIT A CENTERPOINT GAS FRANCHISE FEE SCHEDULE Class Fee Per Meter Residential 2,05 4.10 Comm-A 2.05 4.10 Comm/Ind-B 643 12.50 Comm/Ind-C 44.08 30.00 SVDF-A 14.08 30.00 SVDF-B 1'1.08 30.00 LVDF 4408 185.00 FRANCHISE FEES ARE TO BE COLLECTED BY THE UTILITY IN THE AMOUNTS SET FORTH IN THE ABOVE SCHEDULE, AND SUBMITTED TO THE CITY ON A QUARTERLY BASIS AS FOLLOWS: January— March collections due by April 30. April — June collections due by July 31. July— September collections due by October 31. October— December collections due by January 31. T1-1 ORDINANCE NO. CITY OF RICHFIELD COUNTY OF HENNEPIN STATE OF MINNESOTA AN ORDINANCE MODIFYING THE ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER D/B/A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF RICHFIELD THE CITY OF RICHFIELD ORDAINS: SECTION 1. The City of Richfield Municipal Code Appendix E is hereby amended as follows: Subdivision 1. Purpose. The Richfield City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Richfield. (a) Pursuant to City Ordinance No. 2007-5, a Franchise Agreement between the City and Northern States Power Company, d/b/a Xcel Energy, the City has the right to impose a franchise fee on Xcel Energy in amount and fee design as authorized in Section 9.1 of the Xcel Energy Franchise. (b) Pursuant to City Ordinance 2010-6, the City exercised its right to impose a franchise fee on Xcel Energy. This includes the right to modify the fee amount with the consent of Xcel Energy as to amount and notice period, to which Xcel Energy has consented. Subd. 2. Franchise Fee Statement. Pursuant to Ordinance 2010-6, the franchise fee imposed on Xcel Energy under its Electric Franchise is hereby amended. The amended fee schedule is attached hereto and made a part of this ordinance, commencing with the Xcel Energy's April 2014 billing month. The franchise fee income shall be used for right-of-way improvements. Subd. 3. Payment and Fee Design. The franchise fee shall be payable to the City in accordance with the terms set forth in Section 9.3 of the Franchise. This fee is an account- based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the city will control. * 5 Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Xcel Energy will surcharge its customers in the City the amount of the fee. Subd. 5. Record Support for Payment. Xcel Energy shall make each payment when due and, if requested by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 the Franchise Agreement. Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication or after the sending of written notice enclosing a copy of this adopted ordinance upon Xcel Energy by certified mail. It has been agreed to in advance by Xcel Energy's representatives that Xcel Energy will abide by the provisions of this Subdivision 7, provided fee collection will not commence before the later of the Company billing month set forth in subdivision 2 or the first billing month commencing 20 days after the foregoing effective date of the franchise fee. SECTION 2. This Ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of December, 2013 Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ,II EXHIBIT A XCEL ENERGY ELECTRIC FRANCHISE FEE SCHEDULE Class Fee Per Meter Residential 2:95 4.10 Sm C & I — Non-Dem 6,33 12.50 Sm C & I - Demand 4498 30.00 Large C & I 91.51 185.00 FRANCHISE FEES ARE TO BE COLLECTED BY THE UTILITY IN THE AMOUNTS SET FORTH IN THE ABOVE SCHEDULE, AND SUBMITTED TO THE CITY ON A QUARTERLY BASIS AS FOLLOWS: January— March collections due by April 30. April —June collections due by July 31. July— September collections due by October 31. October— December collections due by January 31. AGENDA SECTION: OTHER BUS. AGENDA ITEM# 8 REPORT# 231 STAFF REPORT RICHFIELD CITY COUNCIL MEETING NOVEMBER 12, 2013 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: FA ` / NATURE OTHER DEPARTMENT REVIEW: N/' A�� SIGNAT (Eir REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the award of the contract to Derau Construction Company for the Minnesota Magicians Locker Room Addition at the Richfield Ice Arena. I. RECOMMENDED ACTION: By Motion: • Accept the bid minutes/tabulation and award the contract to Derau Construction in the amount of $510,900 for the Minnesota Magician Locker Room Addition at the Richfield Ice Arena and • Authorize the City Manager to execute the contract documents. 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. 1102 Arena Locker Room Council approved an agreement with Wold Architects on September 10, 2013 to proceed with design of the locker room addition only. The estimated cost for the remaining improvements was greater than anticipated and further pre-design work is in progress to keep the cost of the remaining improvements in line with the added revenue needed to finance the improvements. A bid opening for the locker room addition was conducted on November 5, 2013 and fourteen bids were received (see attached bid minutes and tabulation). Derau Construction offered the lowest responsible bid. If the attached contract is approved, construction will begin November 15, 2013 with anticipated completion on March 28, 2014. Funding for the locker room addition will be from a fifteen year lease with the Minnesota Magicians with annual lease payments in the amount of$53,000. III. BASIS OF RECOMMENDATION A. BACKGROUND • Staff presented a proposal at a study session on April 18, 2013, 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 a 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 was $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 Minnesota Magicians played their first home game 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 has been serving 3.2 beer and food at the Arena during Magician's games since October 5, 2013. • State Representative Linda Slocum agreed to sponsor and has introduced a bill for special legislation along to sell strong beer in the Richfield Ice Arena with Senator Melissa Wiklund. The State of Minnesota Legislature will consider enacting this bill at their next legislative session to be held at the beginning of 2014. B. POLICY • Under the City's Purchasing and Spending Authority Policy, all contracts greater than $100,000 must be approved by the City Council. • City contracts that involve a prime contractor must require the prime contractor to pay subcontractors within ten days of the prime contractor's receipt of payment from the city for undisputed services provided by the subcontractor. The contract must require the prime contractor to pay interest of 1.5 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time. • Contracts greater than $100,000 require a performance bond and a payment bond. • The attached Ad for Bid was published in the SunCurrent Newspaper on October 24, 2013 in accordance with City policy. C. CRITICAL TIMING ISSUES • The Minnesota Magicians have started their season without a dedicated locker room. Staff is requesting that the City Council approve this contract 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 estimates for all the above improvements in the amount of$1,961,960 not including parking lot expansion in the event that building code requires more parking to accommodate a larger crowd for games. The entire cost of the locker room addition is about $600,000 including design costs, furnishings and 5% construction contingency. Cost estimates for the remaining improvements were greater than anticipated and further pre-design work is in progress to keep the cost of improvements in line with the added revenue needed to finance the improvements. Staff will present a design and funding plan for the remaining improvements in January, 2014. • The proposed funding mechanism for the entire project is through the sale of a 15-year G.O. Tax Abatement bonds. 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). • The construction and design of the locker room addition will be funded entirely through a fifteen year lease with the Minnesota Magicians with annual lease payments in the amount of$53,000. E. LEGAL • 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 • Bid Minutes and Tabulation. • Advertisement for Bids. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Michael Klass, Architect, Wold Architects. CITY OF RICHFIELD, MINNESOTA Bid Opening November 5, 2013 2:00 p.m. Richfield Ice Arena — 2013 Locker Room Addition Bid No. 13-14 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Theresa Schyma, Deputy City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Richfield Ice Arena — 2013 Locker Room Addition, as advertised in the official newspaper on October 24, 2013. Present: Theresa Schyma, Deputy City Clerk Jim Topitzhofer, Recreation Services Director Brandon Klement, Facilities Manager Joe Balzer, Facility Operations Assistant Mike Klass, Wold Architects and Engineers Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Bid Addendums Bidder's Name Bond 1, 2 & 3 Base Bid Black & Dew Yes Yes $ 640,000.00 CM Construction Company, Inc. Yes Yes $ 577,000.00 Ebert Construction Yes Yes $ 574,200.00 JS Cates Construction Yes Yes $ 563,000.00 Maertens-Brenny Construction Co. Yes Yes $ 615,000.00 Meisinger Construction Company, Inc. Yes Yes $ 634,200.00 Met-Con Companies Yes Yes $ 611,000.00 Morcon Construction Co., Inc. Yes Yes $ 612,700.00 1 Parkos Construction Yes Yes $ 605,800.00 Rochon Co. Yes Yes $ 604,000.00 Terra General Cont. Yes Yes $ 619,000.00 Derau Construction Yes Yes $ 510,900.00 Weber Inc. Yes Yes $ 613,000.00 CPMI Yes Yes $ 601,750.00 The Deputy City Clerk announced that the bids would be tabulated and considered at the November 12, 2013 City Council Meeting. Theresa Schyma Deputy City Clerk SECTION 00 11 13 ADVERTISEMENT FOR BIDS RICHFIELD ICE ARENA—2013 LOCKER ROOM ADDITION 636 East 66th Street Richfield,Minnesota C ity of Richfield will receive single prime sealed bids for Richfield Ice Arena—2013 Locker Room Addition until 2:00 p.m. local time on November 5, 2013 at the Richfield City Hall, 6700 Portland Avenue, Richfield,MN 55423, at which time and place all bids will be publicly opened and read aloud. Bidding documents, including the Proposal Form, Drawings and Specifications, will be on file at the Offices of the Architect, Wold Architects and Engineers, 305 St. Peter Street, St. Paul, Minnesota 55102. (651) 227-7773; at the Minneapolis Builders Exchange; Builders Exchange at St. Paul; McGraw Hill Construction/Dodge Plan Center; Reed Construction;iSqFt Plan Room(St.Paul,MN);and from PlanWell at www.e-arc.com/MN/Plymouth. This project includes: a 2,000 square foot, single story locker room addition, including built up roof, cavity wall brick/block construction, windows, steel framing, precast hollow core planks roof deck, HM frames, finishes of rubber tile flooring,carpet,ceramic floor and wall tile,paint, all site,mechanical and electrical work. American Reprographics Company, 4730 Park Glen Road, St. Louis Park, Minnesota 55416 (612) 722-2303, facsimile (612) 722-2958wi11 provide complete downloadable sets of the Bidding Documents to prospective bidders and subcontractors. The downloads will be available October 16, 2013. A deposit check in the amount of$25 made out to ARC for each set downloaded via the internet at www.e-arc.com and clicking on the PlanWell icon,then the Public Plan Room icon,select"Richfield Ice Arena—2013 Locker Room Addition". Make proposals on the bid forms supplied in the Project Manual. No oral, telegraphic or telephonic proposals or modifications will be considered. Submit with each bid, a certified check or acceptable bidder's bond payable to City of Richfield in an amount equal to five percent (5%) of the total bid. The successful bidder will be required to furnish satisfactory Labor and Material Payment Bond,and Performance Bond. Bids may not be withdrawn within thirty(30) days after the scheduled time of opening bids, without the consent of the Owner. The Owner reserves the right to accept any bid or to reject any or all bids, or parts of such bids, and waive informalities or irregularities in bidding. The Owner requires Substantial Completion of the project on or before March 28,2014 City of Richfield CITY OF RICHFIELD No. 132178 00 11 13-1 Advertisement For Bids AGENDA SECTION: OTHER BUS. AGENDA ITEM# 9 REPORT# 232 STAFF REPORT gec*eld CITY COUNCIL MEETING NOVEMBER 12, 2013 REPORT PREPARED BY: CHERYL KRUMHOLZ, EXEC. COORDINATOR NAME, TITLE OTHER DEPARTMENT REVIEW: N/ or S/GNA '• 411, REVIEWED BY CITY MANAGER: PE T 1 ITEM FOR COUNCIL CONSIDERATION: Consideration of an appointment to fill a youth term on a City advisory commission. I. RECOMMENDED ACTION: By Motion: Approve the appointment to fill the youth term on a City advisory commission. II. EXECUTIVE SUMMARY The Advisory Board of Health, Human Rights Commission and Friendship City Commission have youth members. Terms are effective upon appointment through August 31, 2014. A recruitment was conducted to fill vacant or expired terms. An applicant was interviewed at a Special City Council Meeting on November 12, 2013. III. BASIS OF RECOMMENDATION A. BACKGROUND • N/A. B. POLICY 1112Commsisionxxx • The City advisory commissions were established by City ordinance or resolution. • An interview was conducted at a Special City Council Meeting on November 12, 2013. C. CRITICAL TIMING ISSUES • Terms are effective upon appointment through August 31, 2014. D. FINANCIAL • N/A E. LEGAL • The Special City Council Meeting was posted in accordance with the open meeting law requirements. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The City Council could defer the appointment to a future City Council Meeting. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. AGENDA SECTION: OTHER BUS. AGENDA ITEM# 10 REPORT# 233 STAFF REPORT geca#:et CITY COUNCIL MEETING NOVEMBER 12, 2013 CHERYL KRUMHOLZ, EXEC. REPORT PREPARED BY: COORDINATOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 0 N/A SIGNATUR• SIGNAT •. REVIEWED BY CITY MANAGER: Elf V 4,,,,,L.Aer , ITEM FOR COUNCIL CONSIDERATION: Consideration of the City Council's confirmation of the Mayor's appointment of an Housing and Redevelopment Authority (HRA) Commissioner. I. RECOMMENDED ACTION: By Motion: Confirm the Mayor's appointment of an HRA Commissioner for a five year term commencing November 12, 2013 and expiring November 12, 2018. II. EXECUTIVE SUMMARY HRA Commissioner Steve Quam was appointed to a five-year term on October 28, 2008. Commissioner Quam's term has expired and he is not seeking reappointment. The City Council, directed staff to conduct a recruitment for a citizen HRA Commissioner using the same process as for City advisory commission appointments. The recruitment was advertised in the Richfield Sun Current and the City's website. A Special City Council Meeting was held on October 26, 2013 and November 2, 2013 to conduct interviews of persons interested in serving on the HRA. To ensure a quorum at future HRA meetings, the City Council should make an appointment at tonight's meeting. 1102HRAxxx III. BASIS OF RECOMMENDATION A. BACKGROUND • At the November 14, 2011 Special City Council Worksession, the City Council determined that the public's interest is best served by having a composition of two appointed Council Members serve on the HRA and three Mayor-appointed citizens. • The City Council directed staff to conduct a recruitment for citizen HRA Commissioners using the same process as for City advisory commission appointments. B. POLICY • Under State law, the Mayor appointments HRA Commissioners subject to confirmation of the City Council. • The Mayor has indicated an appointment will be made to the HRA for a five year term at the November 12, 2013 City Council Meeting. C. CRITICAL TIMING ISSUES • To ensure a quorum at future meetings, the City Council should appoint an HRA Commissioner on November 12, 2013. • If the City Council does not approve the Mayor's appointment, a quorum may not be present at future HRA meetings. D. FINANCIAL • N/A. E. LEGAL • The Special City Council Meetings were posted in accordance with the open meeting law requirements. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The City Council could decide not to confirm the Mayor's appointment. • The City Council could defer the appointment to a future City Council Meeting. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None.