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022514CompleteAgenda CITY OF RICHFIELD, MINNESOTA TUESDAY, FEBRUARY 25, 2014 RICHFIELD MUNICIPAL CENTER 6700 PORTLAND AVENUE ,�*****,�*****,�*****,�,��***,�****,�,��*****,�************,�,��*****,�,��,��****,��,�***,�,�,��,�****,�*�**********��***,�,� SPECIAL CITY COUNCIL MEETING BABCOCK ROOM 5:45 P.M. AGENDA Call to order Roll call 1. Interview of persons interested in serving on City's advisory commissions (Council Memo No. 23) Notes: Adjournment *****,�*�,�****,�*****�*****,�*�**��,�****,�*,�*****,�,�****,�,�*****,�,�,��,�***��******�*�****,�*,�,��*,�,�*****�*,�***,�,�* SPECIAL CITY COUNCIL WORKSESSION � BARTHOLOMEW ROOM 6:00 P.M. AGENDA Call to order Roll call (Worksession discussion times are approximate) 6:00 - 6:15 p.m. 1. Discussion regarding Open Streets (Council Memo No. 21) Notes: 6:15 - 6:35 p.m. 2. Discussion regarding Crosstown Gateways design (Council Memo No. 22) Notes: 6:35 - 6:55 p.m. 3. Discussion regarding Penn/Nicollet Avenue lane conversions (Council Memo No. 22) 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 fhe agenda. lndividuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of the minutes of the (1) Special City Council Meeting of February 11, 2014; (2) Special City Council Worksession of February 11, 2014; and (3) Regular City Council Meeting of February 11, 2014 COUNCIL DISCUSSION 1. Council discussion • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 2. Council approval of the agenda CONSENT CALENDAR 3. 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 authorizing the workers compensation coverage for the Mayor and City Council of the City of Richfield S.R. No. 48 B. Consideration of the approval of setting a public hearing on March 25, 2014 regarding the issuance of new on-sale intoxicating and Sunday liquor licenses for Lyn 65, LLC d/b/a Lyn 65 Kitchen & Bar, 6409 Lyndale Avenue S.R. No. 49 C. Consideration of the approval of setting a public hearing on March 25, 2014 regarding the issuance of new on-sale intoxicating and Sunday liquor licenses for EI Tejaban Mexican Restaurant, LLC d/b/a EI Tejaban Mexican Grill, 6519 Nicollet Avenue S.R. No. 50 D. Consideration of the approval of the acceptance of a grant received by the Richfield Recreation Services Department from the Richfield Foundation and authorize the city to administer the funds in accordance with terms prescribed by the donor S.R. No. 51 E. Consideration of the approval of the Facilities Sublease Agreement between Minneapolis-St. Paul Airports Commission, the City of Richfield and Three Rivers Park District to sublease the lands legally described and depicted on Exhibit C to Park District for trail purposes S.R. No. 52 F. Consideration of the approval of a resolution in support of the acquisition of easements for the Intercity Regional Trail S.R. No. 53 G. Consideration of the approval of the Americans with Disabilities Act Public Rights-of- Way Transition Plan as recommended by the Transportation Commission S.R. No. 54 H. Consideration of the approval of the request for a new therapeutic massage enterprise license for Zhong Xing, LLC d/b/a Comfort Massage and Spa, 6519 Nicollet Avenue, Suite 301 S.R. No. 55 I. Consideration of the approval of contract change order No. 1 for the Richfield Ice Arena-2013 locker room addition project in the amount of $31,225 S.R. No. 56 Notes: 4. Consideration of item(s), if any, removed from Consent Calendar Notes: PUBLIC HEARINGS 5. Public hearing and second reading of a transitory ordinance providing funding for certain capital improvements from the Special Revenue Fund Staff Report No. 57 Notes: 6. Public hearing regarding a resolution adopting a modification to the Redevelopment Plan for the Richfield Rediscovered Project Area, establishing 2014-1 Tax Increment Financing District (City garage site) therein and adopting a tax increment financing plan therefor Staff Report No. 58 Notes: 7. Public hearing regarding a resolution specifying the use of funds from the Community Development Block Grant allocation for 2014 and the opening of the written public comment period regarding the reprogramming of funds from the 2013 allocation Staff Report No. 59 Notes: PROPOSED ORDINANCE 8. Consideration of the second reading of the ordinance amending Subsection 210.01 related to City Council salaries Staff Report No. 60 Notes ;, OTHER BUSINESS 9. Consideration of appointments to the City advisory commissions Staff Report No. 61 Notes: CITY MANAGER'S REPORT 10.City Manager's Report Notes: 11.Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individua/s who wish to address the Council must have registered prior to the meeting. Notes: 12.Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. CITY OF RICHFIELD, MINNESOTA Office of City Manager February 20, 2014 Council Memorandum No. 23 The Honorable Mayor and Members of the City Council City of Richfield Subject: Advisory Commission Interviews (Agenda Item No. 1) Council Members: In January 2014, the City Council made several appointments to the various City advisory commissions. However, there are still some vacancies. Applications continue to be accepted. The attached applications were received. The City Council is scheduled to interview the applicants on Tuesday, February 25, 2014 at 5:45 p.m. in the Babcock Room. Approval of appointments is scheduled for the February 25, 2014 Regular City Council meeting. Plea contact me if you have any questions. Res �f Ily submitt , .��' ,,r.-- ..--- , ,, � . te�.� . Dev ,h_ City anager SLD:cak Attachments E-mail: Department Directors Assistant City Manager , � � rn � N O a" t� til� I� cfl �n � t� I` c� I� ti ►n � � t` �n � � � � � � � r � � � � � � � � � � •• o000000 000 00000 00 '�" � N N N N N N N N N N N N N N N N N � � _ _ � _ .. .. .. .. _ _ _ _ � � _ .. r � � � � � � � � � � � � � � � � X C'7MMMMMM MMM MMMC7M MM W �' �' �' �' �' �' �' �' �' �' �' �' �' �' �' �' �' ca co cv cv cv cv ca ca c� co ca cv ca c� cv c6 c6 E � � � � � � � � � � � � � � � � � � c c c c c c c c � c c c c � c c c � c� c� c� c� ca c� c� ca c� cv c� ca ca c� c� co cv � � � � � � � � � � � � � � � � � N W U Z U > O � � � � O U ZI O � N z � � O O cNi� N � .-..-..-� W -1 � .-..,�. � .-. � € � v � �'+ E E E � E Q� V L L L. O L O +�-� � � > �' ` .4? � .4? (� � � � � � � r � � � � � � EEE tW � U EEE = E � � n- C� H O � (> > � Z U � W � J � Q � � 2 > CITY OF RICHFIELD, MINNESOTA Office of City Manager February 20, 2014 Council Memorandum No. 21 The Honorable Mayor and Members of the City Council Subject: Open Streets Discussion (Worksession Agenda Item No. 1) Council Members: City staff submitted a grant request in November to Blue Cross Blue Shield to support another open streets event this year in conjunction with PennFest. We were recently informed that our event was not selected for a grant award. Staff and Penn Central organizers suspected this might happen because the grant was not intended for long term support. The request for $10,000 was intended to cover detour signage, portable toilets, trash containers and the extra cost of police and public works staff. To make up for lost grant I funds, Penn Central organizers will have to raise additional funds through sponsorship ' or other revenue producing activity, scale back on expenses, receive financial support from the City or a combination thereof. A discussion on the matter is scheduled at a Council Study Session on February 25, 2014. A detailed budget will be presented at the meeting. Please contact me if you have questions or concerns. Re �I , bmit , . � ,: � ;+�' � � � Stev, . Devi '�---�t�y anager SLD:jt Email: Department Directors Assistant City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager February 20, 2014 Council Memorandum No. 22 The Honorable Mayor and '� Members of the City Council !, Subject: Crosstown Gateways Design & Penn/Nicollet Avenue Lane Conversions (Worksession Agenda Items 2 & 3) Council Members: The purpose of the upcoming worksession is to receive feedback from the Council on two upcoming projects: (1) Crosstown Gateways As a final element to the Crosstown/I-35W reconstruction, MnDOT will be installing Gateways at the following entrances to the City along Highway 62: • Penn Avenue • Lyndale Avenue • Nicotlet Avenue • Portland Avenue Staff and MnDOT will present graphics of the gateway designs and tocations as recommended by the Crosstown Gateway Project Task Force. The task force was created by Council action in April of 2013 to assist MnDOT in the ptanning and design of the entrance features. Additionat information can be found on the project website: www dot state mn us/metro/proiects/i35whwv62qatewav/ (2) Penn and Nicollet Avenue 4-to-3 Lane Conversions The mill and overlay of these roads in 2014 by Hennepin County allows the City to pursue striping changes that would convert sections from 4-to-3 lanes (similar to Portland Avenue). Staff will present the proposed striping plans as well as feedback from the February 19 Open House. On March 5th the Transportation Commission is scheduled make a recommendation for the Council's consideration at their March 11 th meeting. Pleas ontact Mike Eastling, Public Works Director, at 612-861-9792 with questions. Re �- - fully submitted �' / / . l. Y �� S n . Devic City Manager SLD: jp Email: Department Directors Assistant City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Meeting �► ' � � Advisory Board/Commission � Applicant Interview February 11, 2014 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:00 p.m. in the Heredia 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 applicant for appointment to a City Advisory Board and Commission: Crystal Brakke ADJOURNMENT The meeting was adjourned by unanimous consent at 6:09 p.m. Date Approved: February 25, 2014. Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MINUTES Richfield, Minnesota 1�' � � '" � S ecial Cit Council Worksession p Y February 11 , 2014 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:15 p.m. in the Heredia Room. ROLL CALL Council Members Debbie Goettel, Mayor, Pat Elliott; Edwina Garcia, Sue Sandahl and Tom Present: Fitzhenry. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Kristin Asher, Assistant Public Works Director; Pam Dmytrenko, Assistant City Manager; Jeff Pearson, Transportation Engineer; and Cheryl Krumholz, Executive Coordinator. Item # 1 DISCUSSION REGARDING COMMUNITY BRANDING (COUNCIL MEMO NO. 18) City Manager Devich discussed the `re-branding' of the Richfield Tourism Promotion Board, in cooperation with the Richfield Chamber of Commerce. He continued that it appeared to be good business sense to join with these two organizations on their first phase of the branding exercise. He stated tha4 a unified approach by the business community and the City would provide a strong base for updating the City's image and attractiveness to business, development and potential new residents. Angie Schaefbauer, Richfield Chamber of Commerce, discussed the Phase I process of the branding exercise. The City Council was supportive of proceeding with the partnership. Item # 2 DISCUSSION REGARDING PORTLAND AVENUE RECONSTRUCTION (COUNCIL MEMO NO. 15) Transportation Engineer Pearson and Jack Broz, consultant, presented information regarding the Portland Avenue Reconstruction Project including public feedback from the January 22, 2014 open house, proposed concepts, potential right of way impacts and roadway alignment options. Public Works Director Eastling stated staff is requesting direction on how to proceed with roadway alignments and the potential right of way impacts so that preliminary design can be completed in the spring. The City Council consensus was to proceed with the alignment that resulted in the least amount of right of way impacts. Special Worksession Minutes -2- February 11, 2014 ADJOURNMENT The meeting was adjourned by unanimous consent at 6:55 p.m. Date Approved: February 25, 2014 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota � , ' � ' Regular Meeting � February 11 , 2014 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Edwina Garcia; Sue Sandahl; Pat Elliott, and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; John Stark; Community Development Director; Mike Eastling, Public Works Director; Todd Sandell, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Jeff Pearson, Transportation Engineer; Pam Dmytrenko, Assistant City Manager; Mary Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM Mac Walters, 2626 East 82nd Street, Bloomington, MN, owner of 6821 Cedar Avenue, addressed the City Council regarding locating a residential home care for elderly adults facility at this location. He stated there are zoning issues that he hopes will be on a future City Council • agenda to discuss potential.zoning changes. Roger Ose, 6824-10th Avenue, addressed the City Council with concerns regarding having multiple garbage truck traffic and street damage. He suggested one garbage truck contractor. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Garcia, S/Fitzhenry to approve the minutes of the (1) Special Citv Council Worksession of Januarv 28 2014� (2) Reqular Citv Council Meetinq of Januarv 28 2014; (3) Special Citv Council Worksession of January 29 2014� and (4) Special Citv Council Worksession of Januarv 31, 2014. Motion carried 5-0. Council Meeting Minutes -2- February 11,2014 Item #1 PRESENTATION OF THE OFFICER OF THE YEAR 2013 AWARD TO RICHFIELD POLICE OFFICER SEAN MAJEWSKI Public Safety Director Sandell presented the award. Item #2 RECOGNITION OF JIM KUNZ WHO IS RETIRING FROM THE POLICE RESERVES AFTER 50 YEARS OF SERVICE Public Safety Director Sandell presented the Certificate of Recognition. Item #3 SWEARING-IN OF RICHFIELD POLICE OFFICERS ANDREW LEYRER, ALEX BLAINE AND MATHEW SWANSON Public Safety Director Sandell administered the oaths of office. Item #4 COUNCIL DISCUSSION • Hats Off to Hometown Hits Mayor Goettel requested the social service agencies funded by the City be invited to attend a future City Council meeting to make a brief presentation on the services they provide. Council Member Fitzhenry discussed the Fire Department's use of SnowCrew, a web- enabled crowd source application to assist people with removing snow from fire hydrants. Council Member Fitzhenry acknowledged the success of the recent Taft Lake Fishing Bowl. Council Member Sandahl acknowledged the Richfield Sun featuring a Richfield resident who is participating in the Winter Olympics in Sochi. Council Member Sandahl announced the Sweet Streets lane conversion open house on February 19, 2014. Council Member Sandahl announced the February 13, 2014 Richfield Town Hall Meeting with Senator Melissa Wiklund and Senate Majority Leader Tom Bakk. Council Member Garcia announced the VEAP open house on February 28, 2014 at their new location, 9600 Aldrich Avenue. Item #5 COUNCIL APPROVAL OF AGENDA Mayor Goettel moved Consent Calendar Items 6E and 6F to Item 7 for separate consideration. M/Fitzhenry, S/Garcia to approve the aqenda, as amended. Motion carried 5-0. Item #6 CONSENT CALENDAR Council Meeting Minutes -3- February 11,2014 A. Consideration of the approval of setting a public hearing to be held on March 11, 2014, for the consideration of new on-sale wine and 3.2 percent malt liquor licenses for Tejaban Mexica Grill, LLC, D/B/A Fire Up Bar-B-Que, 2 West 66th Street S.R. No. 35 B. Consideration of the approval of the first reading of an ordinance amending Subsection 210.01 related to City Council salaries and schedule the second reading for February 25, 2014 S.R. No. 36 C. Consideration of the approval of a resolution of support for the final alignment of the Intercity Regional Trail as recommended by the Transportation Commission S.R. No. 37 RESOLUTION NO. 10912 RESOLUTION OF SUPPORT FOR THE INTERCITY REGIONAL TRAIL FINAL ALIGNMENT This resolution appears as Resolution No. 10912. ' D. Consideration of the approval of the purchase orders to Nelson Auto Center in the amount of$106,387.28 for four new Ford Interceptor SUV's S.R. No. 38 E. Moved to Item 7. F. Moved to item 7. G. Consideration of the approval of the acceptance of grants and donations received by the Richfield Recreation Services Department and to authorize the city to administer the funds in accordance with the grant agreements and terms prescribed by the donors S.R. No. 41 RESOLUTION NO. 10914 RESOLUTION AUTHORIZING ACCEPTANCE OF GRANTS RECEIVED BY THE CITY OF RICHFIELD-RECREATION SERVICES DEPARTMENT AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS PRESCRIBED BY DONORS This resolution appears as Resolution No. 10914. M/Goettel, S/Garcia to approve the Consent Calendar, as amended. Motion carried 5-0. Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR Item 7A— Former Item 6E - Consideration of the approval of the modifications to the Transportation Commission's bylaws to modify the date the commission meets S.R. No. 39 Council Member Sandahl presented Staff Report No. 30. Council Member Sandahl questioned if the City Council was required to approve changes to commission by-laws. City Attorney Tietjen explained that City Council approval is not legally required to approve a change in commission by-laws but it may be a good practice. M/Sandahl, S/Fitzhenry to approve the modifications to the Transportation Commission's bvlaws to modifv the date the commission meets. Motion carried 5-0. Item 7B — Former Item 6F -Consideration of the approval of a resolution declaring Veterans Memorial Park as the future site of a Community Band Shell S.R. No. 40 Council Meeting Minutes -4- February 11,2014 Council Member Garcia presented Staff Report No. 40. Council Member Garcia expressed support for the resolution declaring Veterans Park as the future site of a Community Band Shell. She discussed the premier features of Veterans Park and funding options, including philanthropic opportunities. She stated the Lyndale Garden Center space for a band shell did not belong to the City so there would be no ability to raise funds. Council Member Garcia stated the decision on the site of a community band shell is a City i Council policy decision, not a staff decision. She encouraged public feedback on this project. Council Member Fitzhenry stated he could not recommend Veterans Park as the site for the band shell because it is located under an airplane flight departure path and there are noise concerns. Council Member Sandahl expressed support for the resolution because Veterans Park and the Lyndale Garden Center were both tested for airport noise and the garden center was worse. Mayor Goettel stated the Veterans Park site was supported by the majority of people. She added that this site has good parking. Council Member Elliott agreed with the concerns about airport noise and stated he could not recommend Veterans Park as the best place for a band shell. M/Garcia, S/Sandahl that the followinq resolution be adopted and that it be made part of these minutes RESOLUTION NO. 10913 RESOLUTION DECLARING VETERANS MEMORIAL PARK AS THE FUTURE SITE OF A COMMUNITY BAND SHELL Motion carried 3-2. (Fitzhenry and Elliott oppose) This resolution appears as Resolution No. 10913. Item #8 PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION GRANTING FINAL APPROVAL OF A PRELIMINARY AND FINAL PLAT FOR 6700, 6710, 6734, 6754, AND 6758 PORTLAND AVENUE (RICHFIELD MUNICIPAL CENTER AND HEREDIA PARK) S.R. NO. 42 Council Member Garcia presented Staff Report No. 42. M/Garcia, S/Goettel to close public hearinq. Motion carried 5-0. M/Garcia, S/Goettel that the followinq resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10915 RESOLUTION GRANTING FINAL APPROVAL OF A PRELIMINARY AND FINAL PLAT FOR 6700, 6710, 6734, 6754, AND 6758 PORTLAND AVENUE (RICHFIELD MUNICIPAL CENTER AND HEREDIA PARK) Motion carried 5-0. This resolution appears as Resolution No. 10915. Council Meeting Minutes -5- February 11,2014 Item #9 CONSIDERATION OF A RESOLUTION GRANTING AN AMENDMENT TO THE APPROVED PLANNED UNIT DEVELOPMENT, FINAL DEVELOPMENT PLAN, AND CONDITIONAL USE PERMIT AT 100 WEST 66T" STREET (HUB SHOPPING CENTER) TO ALLOW A PUBLIC SCHOOL S.R. NO. 43 Mayor Goettel presented Staff Report No. 43. 'I Representatives of the Flex Academy described the school's operation and structure. M/Goettel, S/Fitzhenry that the followinq resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10916 RESOLUTION APPROVING AN AMENDMENT TO THE PLANNED UNIT DEVELOMENT, FINAL DEVELOMPENT PLAN AND CONDITIONAL USE PERMIT TO ALLOW A PUBLIC SCHOOL FACILITY WITHIN THE "HUB" SHOPPING CENTER AT 100 WEST 66TH STREET WEST Motion carried 5-0. This resolution appears as Resolution No. 10916. Item #10 CONSIDERATION OF: • THE BID MINUTES/TABULATION AND AWARD OF CONTRACT TO NORTHWEST ASPHALT, INC. IN THE AMOUNT OF $652,833.04 FOR THE NORTH RICHFIELD PARKWAY RROJECT; • AUTHORIZING THE CITY MANAGER TO APPROVE CONTRACT CHANGES UNDER $100,000 WITHOUT FURTHER CITY COUNCIL AUTHORIZATION; AND • THE HIRING OF WSB &ASSOCIATES TO PERFORM CONSTRUCTION ENGINEERING SERVICES FOR A FEE NOT TO EXCEED $96,389 S.R. N O. 44 Council Member Fitzhenry presented Staff Report No. 44. Public Works Director Eastling explained that the demolition and/or moving of the homes was delayed due to the weather but it should begin soon. Council Member Elliott asked if change orders were anticipated since the City Manager has the authorization to approve contract changes under$100,000. Transportation Engineer Pearson explained that there is an anticipated increase in construction costs related to the delay in obtaining easement documents to realign the north access to the retail center from the multiple parties involved (Home Depot, Target and Ryan Companies). Public Works Director Eastling added that there are unexpected issues that arise in projects. City Attorney Tietjen explained that the City Manager's maximum amount to approve without City Council authorization is $100,000 based upon the City Charter. M/Fitzhenry, S/Goettel to approve the bid minutes/tabulation and award of contract to Northwest Asphalt Inc. in the amount of$652 833.04 for the North Richfield Parkway Proiect; to authorize the Citv Manaqer to approve contract chanqes under$100,000 without further Citv Council authorization� and to hire WSB &Associates to perform construction enqineerinq services for a fee not to exceed $96,389. Council Meeting Minutes -6- February 11,2014 Motion carried 5-0. Item #11 CONSIDERATION OF THE LYNDALE AVENUE "FULL IMPROVEMENTS" PRELIMINARY PLAN AS RECOMMENDED BY THE TRANSPORTATION COMMISSION S.R. NO. 45 Council Member Elliott presented Staff Report No. 45. M/Elliott, S/Garcia to approve the Lyndale Avenue "Full Improvements" Preliminarv Pian as recommended by the Transportation Commission. Motion carried 5-0. Item #12 CONSIDERATION OF AN APPOINTMENT TO A CITY ADVISORY COMMISSION S.R. NO. 46 Council Member Sandahl presented Staff Report No. 46. M/Sandahl, S/Garcia to appoint the followinq person to a Citv Advisory Commission: COMMUNITY SERVICES COMMISSION Name Term Expires Crystal Brakke January 31, 2017 Motion carried 5-0. Item #13 CITY MANAGER'S REPORT City Manager Devich discussed the 77t" Street Underpass bill in the Legislature. Item #14 CLAIMS AND PAYROLLS M/Fitzhenry, S/Sandahl that the followinq claims and pavrolls be approved: U.S. Bank 02/11/14 A/P Checks: 288438-228865 $ 1,866,529.57 Payroll: 98854-99182 $ 585,740.17 TOTAL $ 2,452,269.74 Motion carried 5-0. OPEN FORUM None. Council Meeting Minutes -7- February 11,2014 Item #15 SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION IN THE BABCOCK CONFERENCE ROOM REGARDING THE CITY MANAGER ANNUAL PERFORMANCE EVALUATION City Attorney Tietjen stated the City Council has the authority pursuant to State Statute to go into Closed Session to conduct the City Manager's annual performance evaluation. The City Council adjourned to the Closed Executive Session at 8:15 p.m. , The City Council Closed Executive Session was called to order by Mayor Goettel in the I�I Babcock Conference Room at 8:16 p.m. Members Present: Debbie Goettel, Mayor; Sue Sandahl; Tom Fitzhenry; Edwina Garcia, and Pat Elliott. Staff Present: Steven L. Devich, City Manager. The Closed Executive Session was convened pursuant to M.S. 13D.05 The Closed Executive Session was adjourned by unanimous consent in the Babcock Conference Room at 9:00 p.m. Item #16 RECONVENE REGULAR CITY COUNCIL MEETING IN COUNCIL CHAMBERS The meeting was called to order by Mayor Goettel in the Council Chambers at 9:02 p.m. Item #17 SUMMARY REPORT OF THE CITY MANAGER ANNUAL PERFORMANCE EVALUATION FOR 2013 AND CONSIDERATION OF A RESOLUTION AMENDING THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF RICHFIELD AND CITY MANAGER STEVEN L. DEVICH FOR 2014 S.R NO. 47 Mayor Goettel presented Staff Report No. 47. The City Council provided a summary of the City Manager's annual performance evaluation. M/Goettel, S/Fitzhenry that the followinq resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10917 RESOLUTION AMENDING THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF RICHFIELD AND STEVEN L. DEVICH, CITY MANAGER Motion carried 5-0. This resolution appears as Resolution No. 10917. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 9:10 p.m. Council Meeting Minutes -8- February 11,2014 Date Approved: February 25, 2014 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager 'I AGENDA SECTION: CONSF,NT AGENDA ITEM# 3A REPORT# 48 STAFF REPORT ��" � ` J'� CITY COUNCIL MEETING i, FEBRUARY 25, 2014 JESSE SWENSON, REPORT PREPARED BY: ASSISTANT HR MANAGER NAME,TITLE � - DEPARTMENT DIRECTOR REVIEW: � � SIGNATURE 1 r1 � OTHER DEPARTMENT REVIEW: `� , � SLGNATURE '� �� v� j REVIEWED BY CITY MANAGER: , -=`�� ,,; / � / �� ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving workers compensation coverage for the Mayor and City Council of the City of Richfield. I. RECOMMENDED ACTION: By Motion: Adopt the resolution approving the workers compensation coverage for the Mayor and City Council of the City of Richfield. II. EXECUTIVE SUMMARY The City of Richfield self-insures its worker's compensation coverage through the WCRA (Workers Compensation Reinsurance Association). Workers' compensation reinsurance is designed to protect an insurer or self-insurer against catastrophic losses from work-related injuries. The insurer or self-insurer is responsible for indemnity and medical benefits up to a selected deductible level, or "retention limit." Customarily, once that retention limit is reached, the WCRA reimburses the insurer or self-insurer for all statutory benefits above that limit. WCRA coverage applies only to Minnesota jurisdiction claims, and claim costs are covered on a per-occurrence basis. In early February of 2014 the WCRA conducted a yearly audit of the City's workers compensation fund. During the audit it was noted the City should have Council Workers Compensation a resolution on file, per state statute, covering the Mayor and City Council members as employees under the City's workers compensation coverage. The action under consideration here fulfills that requirement. III. BASIS OF RECOMMENDATION A. BACKGROUND In response to a WCRA yearly audit the City has prepared a resolution covering elected officials under the City's workers compensation coverage. B. POLICY • Minnesota State Statute 176.011, subd. 9 includes elected officials as covered employees under workers compensation coverage. Each governing body is required to adopt a resolution covering said public officials. C. CRITICAL TIMING ISSUES • This resolution should be considered in 2014 in order for the City to be in compliance with Minnesota Statue 176.011. D. F�rraNClaL • NA E. LEGaL • The resolution ensures compliance with all applicable laws governing workers compensation for elected officials. F. ENVIRONMENTAL CONSIDERATIONS • NA IV. ALTERNATIVE RECOMMENDATION(S� • Adopt a modified resolution. • Defer consideration of this matter to a future meeting. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION PROVIDING FOR WORKER'S COMPENSATION COVERAGE FOR THE MAYOR AND C1TY COUNCIL OF THE CITY OF RICHFIELD WHEREAS, the City Council of the City of Richfield is the official governing body of the City of Richfield; and WHEREAS, by the provisions of Minnesota Statutes 176.011, subd. 9, an elected official of the City of Richfield can be covered by Worker's Compensation only after the governing body of the political subdivision has adopted a resolution so covering said public officials; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that pursuant to the provisions of Minnesota Statutes 176.011, subd. 9, the City Council, the governing body of the City of Richfield, hereby resolves to cause all elected officials of the City of Richfield to be covered as employees for purposes of Worker's Compensation under said statute. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of February 2014. Debbie Goettel � Mayor ATTEST: Nancy Gibbs City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 3B REPORT# 49 STAFF REPORT 1► � `�` CITY COUNCIL MEETING FEBRUARY 25, 2014 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: d SlGNATURE OTHER DEPARTMENT REVIEW: � N/A '%�� SLCNAT !' _= REVIEWED BY CITY MANAGER: ��„ ' l ._ _ / � , ITEM FOR COUNCIL CONSIDERATION: Consideration of the issue of new on-sale intoxicating and Sunday liquor licenses for Lyn 65, LLC, d/b/a Lyn 65 Kitchen & Bar, 6409 L ndale Avenue South. I. RECOMMENDED ACTION: By Motion: Approve the setting of a public hearing to be held on March 25, 2014, for the consideration of new on-sale intoxicating and Sunday liquor licenses for Lyn 65, LLC, d/b/a Lyn 65 Kitchen & Bar, 6409 L ndale Avenue South. II. EXECUTIVE SUMMARY On December 20, 2013, the City received the application materials for new on-sale intoxicating and Sunday liquor licenses for Lyn 65, LLC, d/b/a Lyn 65 Kitchen & Bar. All required information and documents have been provided. All licensing fees have been received. III. BASIS OF RECOMMENDATION 022514 Lyn 65 Kitchen&Bar A. BACKGROUND Applications for new on-sale intoxicating liquor and Sunday liquor licenses for Lyn 65, LLC, d/b/a Lyn 65 Kitchen & Bar were received by the City on December 20, 2013. I B. PoLICY � • City ordinance requires the City Council to conduct a public hearing to consider all on-sale intoxicating and Sunday liquor license applications and a date be set for the public hearing prior to the hearing. • The hearing must be scheduled and held before a new license may be considered. • The new process has been initiated. C. CRITICAL TIMING ISSUES • . Holding the public hearing on March 25, 2014 will provide ample time to complete the licensing process. D. FINANCIAL • N/A E. LE�AL • N/A � F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S� • Reject the application for new on-sale intoxicating and Sunday liquor licenses for Lyn 65 LLC, d/b/a Lyn 65 Kitchen & Bar. • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A � AGENDA SECTION: CONSENT AGENDA ITEM# 3C REPORT# 50 STAFF REPORT 1 � ` �' CITY COUNCIL MEETING FEBRUARY 25, 2014 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � SIGNATURL OTHER DEPARTMENT REVIEW: � N/A � i SIGNAT 1 - � -- � 1 REVIEWED BY CITY MANAGER: �� , ITEM FOR COUNCIL CONSIDERATION: Consideration of the issue of a new-on sale intoxicating and Sunday liquor licenses for EI Tejaban Mexican Restaurant, LLC, d/b/a EI Tejaban Mexican Grill, 6519 Nicollet Avenue South. I. RECOMMENDED ACTION: By Motion: Approve the setting of a public hearing to be held on March 25, 2014, for the consideration of new on-sale intoxicating and Sunday liquor licenses for EI Tejaban Mexican Restaurant, LLC, d/b/a EI Te'aban Mexican Grill, 6519 Nicollet Avenue South. II. EXECUTIVE SUMMARY On November 13, 2013, the City received the application materials for new on-sale intoxicating and Sunday liquor licenses for EI Tejaban Mexican Restaurant, LLC, d/b/a EI Tejaban Mexican Grill. All required information and documents have been provided. All licensing fees have been received. III. BASIS OF RECOMMENDATION 022514 EI Tejaban Mexican Grill _ __ _ - A.-__ BACKGROUND Applications for new on-sale intoxicating liquor and Sunday liquor licenses for EI Tejaban Mexican Restaurant, LLC, d/b/a EI Tejaban Mexican Grill were received by the City on November 13, 2013. B. PoLICY • City ordinance requires the City Council to conduct a public hearing to consider all on-sale intoxicating and Sunday liquor license applications and a date be set for the public hearing prior to the hearing. • The hearing must be scheduled and held before a new license may be considered. 'i • The new process has been initiated. i C. CRITICAL TIMING ISSUES • Holding the public hearing on March 25, 2014, will provide ample time to complete the licensing process. D. FINANCIAL • N/A E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION�S� • Reject the application for new on-sale intoxicating and Sunday liquor licenses for EI Tejaban Mexican Restaurant, LLC, d/b/a EI Tejaban Mexican Grill. • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A AGENDA SECTION: CONSENT AGENDA ITEM# 3D __ __ REPORT# -- 51 STAFF REPORT s � CITY COUNCIL MEETING r FEBRUARY 25, 2014 JIM TOPITZHOFER,RECREATION REPORT PREPARED BY: SERVICES DIRECTOR NAME,TITGE DEPARTMENT DIRECTOR REVIEW: � ' �' ,�,� �,,.. SIC 'Unc ,r OTHER DEPARTMENT REVIEW: ❑ N� / �, S/GNA' RE �. �� , REVIEWED BY CITY MANAGER: � �°'``� � _�_...— d ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing acceptance of a grant received by the Richfield Recreation Services Department from the Richfield Foundation and to authorize the city to administer the funds in accordance with terms prescribed b the donor. I, RECOMMENDED ACTION: By Motion: Approve the resolution authorizing acceptance of a grant received by the Richfield Recreation Services Department from the Richfield Foundation and to authorize the city to administer the funds in accordance with terms prescribed b the donor. IL EXECUTIVE SUMMARY The Richfield Foundation awarded a grant to the Richfield Arts Commission on December 10, 2013 in the amount of$2,000 for the purchase of two potter's wheels to use for the promotion of arts in the community. Grants received by the City require approval of a resolution by Council accepting the grant in accordance with the terms prescribed by the donor. 0225 Rec Serv Grants III. BASIS OF RECOMMENDATION A. BACKGROUND . The Richfield Foundation awarded a grant to the Richfield Arts Commission on December 10, 2013 in the amount of $2,000. . The Arts Commission will use the grant to purchase two potter's wheels to be used to promote arts to the public at the Richfield Farmers Market and various Community events such as Open Streets at PennFest, Richfield Wellness EXPO and the Richfield Remodeling Fair. B. PoLICY . The Administrative Services Department issued a memo on November 9, 2004 requiring that all grants and restricted donations to departments be received by resolution and by more than two-thirds majority of the City Council in accordance with M7innesota Statute 465.03. C. CRITICAL TIMING ISSUES . None D. F�rraNClaL . This grant was given without obligation to provide any additional matching funds. E. LEGAL . Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property of more two-thirds majority of the City Council. F. ENVIRONMENTAL CONSIDERATIONS . None IV. ALTERNATNE RECOMMENDATION(S� . None V. ATTACHMENTS . Council Resolution Vj, PRINCIPAL PARTIES EXPECTED AT MEETING . N/A RESOLUTION NO. RESOLUTION AUTHORIZING ACCEPTANCE OF GRANTS RECEIVED BY THE CITY OF RICHFIELD-RECREATION SERVICES DEPARTMENT AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS PRESCRIBED BY DONORS WHEREAS, Minnesota Statute 465.03 reads in part as follows: Any city, county, school district or town may accept a grant or devise of real or personal property and maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Nothing herein shall authorize such acceptance or use for religious or sectarian purposes. Every acceptance shall be by resolution of the council adopted by two-thirds majority of its members, expressing such terms in full, and WHEREAS, the City of Richfield has received grants and donations as described I below: I � i ` �°p�+rTE,' "` '` ��,°K �DOl��R ` �� PU, POSE�, .y .� .��AMOU�7 � , December, 2013 Richfield Foundation Richfield Arts Commission $2,000 I NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of I Richfield, Minnesota, as follows: ' That the City Council of the City of Richfield hereby accepts the grants and donations as listed above, received in 2013, and authorizes the City to administer the funds in accordance with grant agreements and terms prescribed by donors. , Adopted by the City Council of the City of Richfield, Minnesota this 25th day of February, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SEC7 ION: CONSENT AGENDA 1TEM# 3E REPORT# 5� , STAFF REPORT �':s%�' r ' �'�' CITY COUNCIL MEETING __ FEBRUARY 25, 2014 REPORT PREPARED BY: JIM TOPITZHOFER,RECREATION SERVICES DIRECTOR NAME,TITLG DEPARTMENT DIRECTOR REVIEW: `� r' ' j` ' '� � /G 1� ' SIG 'TURIl 4 OTHER DEPARTMENT REVIEW: � N : SIG URE Jr REVIEWED BY CITY MANAGER: '� � ITEM FOR COUNCIL CONSIDEIZATION: Consideration of the attached Facilities Sublease Agreement between Minneapolis-Saint Paul Metropolitan Airports Commission, the City of Richfield, and Three Rivers Park District, to sublease the lands legally described and depicted on Exhibit C to Park District for trail purposes. I. RECOMMENDED ACTION: By Motion: Approve the attached Facilities Sublease Agreement between Minneapolis-Saint Paul Metropolitan Airports Commission, the City of Richfield, and Three Rivers Park District, to sublease the lands legally described and depicted on Exhibit C to Park District for trail purposes. II. EXECUTIVE SUMMARY Council approved a resolution of support for the Intercity Regional Trail Master Plan on May 22, 1012. A portion of the trail will be constructed in Taft Park. Because a portion of Taft Park is leased to the City by the Metropolitan Airports Commission (MAC), a sub-lease agreement is necessary to construct the regional trail through the Park as planned. 0225 Taft Park Sublease Under the provisions of the sublease, the Park District shall abide by all applicable provisions of the original 1971 Lease between MAC and the City and the 2002 Lease Amendment (see attached exhibit 1 & 2). The Park District will be responsible for construction, operation and maintenance of the Trail as a regional trail consistent with its customary standards and practices. The Park District may enforce its ordinances with regard to the Trail and in accordance with the Lease and Lease Amendment. In the event lands comprising the Trail are conveyed to City, City shall convey such lands to Park District without consideration for regional trail purposes. III. BASIS OF RECOMMENDATION A. BACKGROUND • The original lease between MAC and the City of Richfield was executed on June 14t", 1971 to lease the north half of Taft Park to the City. The lease was later amended on February 14, 2002, renewing the lease period. • Below is a timeline of past action taken by the City on the TRPD Master Plan: Apr 4, 2012 Master Plan presented to Transportation Commission May 8, 2012 Master Plan presented to Council at a work session. May 2, 2012 Transportation Commission unanimously recommended the resolution of support for the Master Plan May 22, 2012 City Council approved resolution of support for the Master Plan • The selected Intercity Regional Trail alignment reflects the input from both the public and multi-agency staff through multiple meetings and open houses. Three Rivers Park District contacted residents adjacent to the selected routes as part of the design process. B. POLICY • The Intercity Regional Trail Master Plan is consistent with the City's Comprehensive Plan (Transportation p. 6-39). C. CRITICAL TIMING ISSUES • The trail is scheduled to begin construction in 2014. ' D. FlrrarrclaL • There is no cost to the City of Richfield to sublease the north portion of '� Taft Park to the Park District for a regional traiL • The Park District will pay for the entire construction of the trail and will be responsible for operating and maintenance costs, except for snow ' removaL • At its sole discretion, The City of Richfield has the option to provide ' snow removal services for the traiL The City currently removes snow ' on all trails in Taft Park. The portion of the proposed InterCity Regional Trail that passes through Taft Park is mostly on existing ', trails, already plowed by the City during the winter. Therefore, ', i , ,II ' maintaining the regional trail through Taft Park during winter months will have a very insignificant cost to the City. E. LEGAL • The City Attorney reviewed the attached agreement and has reviewed this staff report. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S� • None V. ATTAC�-IMENTS ' • Park and Recreation Facility Sublease i • Exhibit 1, Original Richfield/MAC Lease �i • Exhibit 2, Amendment to Original Richfield/MAC Lease �i • Exhibit 3, Sublease legal description and graphic depiction � VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Kelly Grissman, Director of Planning, Three Rivers Park District PARK AND RECREATION FACILITIES SUBLEASE This AGREEMENT is made this day of , 2014, by and between MINNEAPOLIS-SAINT PAUL METROPOLITAN AIRPORTS COMMISSION, a public corporation and agency of the State of Minnesota, hereinafter called ��Commission", the CITY OF RICHFIELD, municipal corporation and political subdivision of the State of Minnesota, hereinafter called ��City", and THREE RIVERS PARK DISTRICT, a political subdivision of the State of Minnesota, hereinafter called "Park District", I RECITALS: I I WHEREAS, the Commission and City agreed to a Park and Recreation Facilities Lease (hereinafter ��Lease") on June 14, 1971 which is attached as Exhibit A, and WHEREAS, the Commission and City on February 14, 2002 agreed to a First Amendment to the June 14, 1971 Lease (hereinafter "Lease Amendment") which is attached as Exhibit B, and WHEREAS, the Lease and Lease Amendment in general provide for the construction and maintenance of a park and recreation area on Commission lands located in the City of Richfield, and WHEREAS, Park District and City are cooperating to build and operate the Intercity Regional Trail (hereinafter��Trail"), and WHEREAS, Park District plans to construct and operate the Trail through portions of the land described in the Lease, and WHEREAS, the Commission, City, and Park District agree that certairr lands leased to the City of Richfield should be made available for the Trail, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS: 1. Commission and City hereby agree.to sublease the lands legally described and depicted on Exhibit C to Park District for Trail purposes. 2. Park District will be responsible for construction, operation and maintenance of the Trail. 3. Park District shall abide by all applicable provisions of the Lease and Lease Amendment. 4. Park District may construct, operate and maintain the Trail as a regional trail consistent with its customary standards and practices and may enforce its ordinances with regard to the Trail and in accordance with the Lease and Lease Amendment. 5. In the event lands comprising the Trail are conveyed to City, City shall convey such lands to Park District without consideration for regional trail purposes. IN WITNESS WHEREOF, the parties hereto have executed this Park and Recreation Facilities Sublease in duplicate the day and year first written above. �, I Date: , 2014 METROPOLITAN AIRPORTS COMMISSION By: Title: STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on the day of , 2014, by , the (name) (title) On behalf of METROPOLITAN AIRPORTS COMMISSION. Notary Public Date: , 2014 CITY OF RICHFIELD By: Its: Mayor By: Its: City Manager STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on the day of , 2014, by , the Mayor, and by , the City Manager On behalf of CITY OF RICHFIELD. Notary Public Date: , 2014 THREE RIVERS PARK DISTRICT By: Its: Board Chair By: Its: Superintendent and Secretary to the Board i STATE OF MINNESOTA ) I )SS. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on the day of , 2014, by , the Board Chair, and by the Superintendent and Secretary to the Board On behalf of THREE RIVERS Park District. Notary Public $ . . . . . . , .. . ` . / � ' • / J Pe,RI{ AIQI7 kZ3:Ct"t.E79.TI4iv . FAGILS`PIES L�I�S� ii, � ' � �''t AGRE�t�t�NT, riacle �hi.s1� day of ��Uti%� r �.971, uy anu betw��:n ' axTI1Nr'.AP4L25-SA21�!T PAUZ, IIE:TROPOT,TT�1:N ��FZPORTS CO.l4MZ5SI�i�1, 2. puktJ..iC I' carpara-�3»on and agency of the 5�ae� of �1i.nne5a�a, h�re,;.n��ter called "Comm�.sszon" ana �Yie CITY 0� :t�GI3FZ£LD, muna.ci.pal carpox�at:;.on anci p�litical. subdiva.sian of tha Sta�� o� I�3innase��a, hLr�inafter �al.l;ed n�L'�y��r 4 � W T T Iv � S 5 � T H : tatiERE7�S, The City, having neec� r"or � municipal par}. and recr�ation iaca.Izty for use by� 'Ehe public, has souaht�fr�m �he Commisszon lease of some :7�J�"sf( acres of land of t�e Comm�ssi�n in ti�e nazthtiJCSterl� t�ar�ioi�a of td%nnQa�ol.is-Saint Pau1 Ini:exnational �.ir�ort - L7old- Chamberlazn I'i�ld, which lands constitute an air�axt buffar zo1�e a� �c1�� northw�scerly end o� sai.d a.ir}?ort; i•7:�EREAS, I�f-�ax .��udy of the r�ques�c tor sueh l�:as�, �i7� Commiss.i.c�n has decerminad (a} tilat ocanerst�za b�� t?�° CDRiFttXSS.�:pI1 of tha 3.anc�s s.n quastion is essantial to secuze for th� airpart �afs aircraf� approaches fram and dap�rfi:ures to ttze narthwes�, but (b) thai. ti't.� use of such larad Eor park azd recreai:ian pur�oses is co�r�naLibJ,e o�=�h th� nresen� I�Iastez Plan deva3opment an1 use o� said airpor� and ful.��,1Ls ch4 clearance and �pproach zeq.uiremen�s far th� «ir�ort's x-unt�ray systam, anrT t:ia�c devalopmc�nt af said lands �or park ana recx�aciAn purnoses w?11 relieve th� Cam�-ni.ssiar� a� maintenancp operatians in resgec�.�h�reto anrl saill imprqva �h� overa��: aix��orf: appearanc�r Arovided, hoxvev�x, that {c) 3:aase o� �aid 7.and to the City mus� be made subjec� to higl�way material, dispos'a1, �ermit r�ranteC by �:�e Co:nm�.ssion in ai:c1 0� in'Y:eschange recon- s�crucrion, betws�.n TFI n36 and I:enn�oin Cnunzy Road �62, a��ci waxk �o '�e c�er�orm�d t1ler�under, and (d) �Ilat anv Z�as� for �.h:: usr at saicl landa �oz' pa:rk �d xecrs8tlon ;o�xx`pnses musi; ;;.nclu�� prov,is:�ons �or �tz� .; .�. ' „ ' . f xecovery of said lands ox portions thereo� as may be r�;quired far aa.spoz� �urposes by xeason af changes in the I�aster Plans �or said I airprsr� nr in �hp land use xequirem�n�s under the pres�nt or future I Master Plans for i-.�se airport, or as required bv ohanges in 'Ehe cl.ear- ance az�d approach requirements for the ai�par�; WFiEREAS, �'he Fede�al Auiation Agency and the Depar�:men� of Aeraz�.auti.cs o� the Sta�e of Minneso�a have �ach concluded �ha�t �he davel.opm�n�k and . us� of such lands ior park a:nr1 recr�atiar� pur�oses iaoul.d not con�Iict wi.th airc=aft operations �o and from �he air�oz� and would aomply wi�h �he clearance and approach rc.quirements presen�,ly appla.cable at said airport, and thc Metropcali�an Couracil af �he Twin Cities has zevzewed � �.nd approved of pax�k and rPcr�atian use of saa.d lands to augmel'i� th.e open space �teeds of �he 2`win Cities metropalitan axea. t�oW, ��iEREFOR�, In consideratian o£ one Dollar ($1.00) and ather va�.uab1.� cansidera�ian, including the mutual und�rtakings of the parties here�o, �he Gommission h�reby leases �o fihe City ar�d �� Ci�y her�by takas �rom �he Cammissian the fallowa.ng described lands in the County of fiennep'irs, State af �Iinn�sota, a part o� Minz�sapol.is-Sai:z�t Paul Int�rnational �.irpor� - �do1�-Chambez.Lain Fielfl, a publ.ic airpar� under the management, dzrection and aon�rol Qf the Commzssion, �lxs de- mised pr�misas heirig more parta.cular�.y descr�.bed as. follaws:. That po�.ion of �he 5E lf4 of SE 1./A, Sec. 23, fi. 28 I�, R. 24 5�7, bounded by 62nd S�reez on �.he 9outh, 8loomington 1�venue on the We�t, the CrQSS�own Highway {Hennepin Coun�y Raad �527 on �he Nortk� and Trun}: xighwav n36 {GeBar avenu�} on �:he East, aIl in 'tYl� City v2 Rich�'ield� Ei�nnepin Countyt kIa.xxxaeso�a, as desig-- na�ed an the plat at�ached here�o as E:�hibit A and made a part hereaf. Ta FiAVE 1aZiD To xoLt� �rhe same to �.hs caty subjec� ta �che grant of fh� hi.q?��ay materials pezmi.t, copy a� wniGh is here�o attached as E�ibzt , B arid raacl.e a par� hereof, for a texm ana subject �o x'ents, covenants anc] condi�ions to which �hu City jointly and severa].'ly is ob1S.r,aied, to-wzt: . Pag� Two •ti . '�r ; . . ' . . . . `% � {13 Term and Figh�L of Renewal. This Lease sha21 aommenae on the 1s� day of oc�ober, ],97Ix subject �c� Commission`s zi,ghts und�r Paragraph t6) belaw, shall .cantinue thereafter �caW a term a� �wenty--�ive years �nd frc�m �raar to year �kheraaft�r subject ta terminata.on at the en�3 0� the initial. rerm ox any annual. ren�c,ral thereaf 'by notica ia w�iting bY °_ithe� ��.rty ta the othsx, given .at Isast nine�y {9fl) days griax to �the termina�a.on date o� snch initi.al tersn or ren�ural periori, and furti�er � subj�c� to �ersnina�S.rstz by �he. Ci.ty as pxovic?ed �.n Paragz`�ph (23 . (2j Use of �rem�.ses, The Gity enters into this Lease for �he cons�ruc- t�:on and '�kaexea,fter far maintenance thereon o� a park and recreat.i.on area far �he residen�Ea o.f the ��ssee City, Prov3ded, hnwever, in view ox the fact that the C�mzniss,�on was created as a pubZze corporati�an in and •for the ci�ies of Minneapolis and Saint Paul, riinnesata, �nd is an agency of �he 5�ate af �znnesota, thexe� sha�1 be no d�,scr.i:minatian against �he gublic a.n use o� said facilzties_ Nof.ice in fozm as s�� ont xn E�hi.bi�t C a��ached wi�l be post�8 whera readily readable by the uszng public. Z� const,�uction and dr�valapment o� facilita.es thereon in conjunctian wz�h concurrent canstx�uetian and daval:opm�nt of such faazlities on 'z`�� '�r�=r ��7�c�nt pxnperty owned or i.n process of acquisitia.n by the . City, those faci.l.i�ies which �hzough rQCreationa7, use are mast 7.i}ce1.y � to resul� in conc�n�ra�ipn af th� usirsg .or sAectator publi� sha3.1 ta the ex�cent nossible be concentra�ed on Gity oraperty. A,ny ?iyhts �o be us.ed far z�ight use a� rrcrea�ianal faci.lz�ies and �he physical. location of �acilities to be constxucted on th*� leased pxemises sha1.1 require specifi� approval aL the .p,ix�aort Direc�ox a� �vold-Chambexlaa,n �'isld, nof only as �.o method and place af instal.lati.on and/or construc�iox�, but aiso as t� us� so that such lights or Faciliti.es shal.Z not �hrongh ccrnstructa.on, main�enanc� ox us� constitute a hazard to flights af ai.rcraf� to atxfl .from the a.irporf. Any use; o� •�e demXSed pxemises or any part thereof ather than for pazk ar recreationa�. purposes shall require �he consen� in writi.ng of �.he Page Thre� . y a , i ,' Gammission. Sa1e of nan-intoxicating mal� ��quars ar zn�oxicating liqua�s incident to operati:on of the gark and recrea�ion facil'st�.�s sti�ll require consent i.n wri.ting af the Ganmu.ssien and such consent being pracured shaXl be subject to licen5ing requirements as hy Zaw provided. At any time dnr.ing �he ini�ial terrn of this Lease, �he Ci�.y may ze2inquish �n the Comrna.ssian its leasehold in�erest by q�.v.inq at least ninety (90) d�ys natice in writing to the. Comin3.ssa:on with sur.h notice to be effectiv'e an September 30 of the appro�ariate year: (3} Ttexa�. In consideration o� �h� public purpases far which; �e City is tak,i.ng t.he leased preani.ses hereundex and of its car�t.inuing ak�l.igation �o improve, main�ain and vperate �h,e sam� �or park �d _ r�.crea�ion purpasas, all at i�s expense and at 720 C05'� or expense �to the Cammission, no dollar rzn� shaZl be charged �o �he City by the ' Comm.i.s�ion in addition �.o Ci�ty's undarta]ca.ngs liereunder. t4) Construction, Maint�zkance and Repair. 5c�bject to such review of plans and ccans�?-uatian by authoxa.zed Cammi.ssion r�ersann�l as are herei.n requi.red, C.itv, at j.�s awzi cast and sxperese, throngh muni.ci-- p�l zevenues at �h�i; disposa3. or �hrongh bond�cl indeb�;er�ness o� saifl Ci�y, shal3 aesign, annstruct and -chereaftex maintaan and operate, repair and r�place as necessary the park a.i�;d recxeation facil.ities to be con�tructed on th� d�misec� premi.ses, including landscapi�n.g, saeding ar sodding as required azid construction of physz.cal imprave- ments thareto and thexeon., including, wi.thou� lisni�in� the foregoi.ng, watering facili�ies, anczll.axy buildzng, i.� an.y, and parking facili�Eies. Iii 3dd3:tiort, all Ctans�ruc�zan, repazx ttnd rep�scem�nt pi�ns mus-t mee� , the r�quireYnents af Fed�ral and State regula�,ory agencies for clearanc� and �'or pro�ection ot appro�:ches, in xespect to the airpor�. A11 work shall be narried pn at such tim� or �imes a:�d under such control as , • Page Four . ! ' � • �. � .. . `r the �sirpar� Direc�az ma.y reguire to coordzna�;e tha same w*iti-� �he n�cessaz-y continuous opeza�ion o� �he airpart. � {5) Recovery by Gammzssian. Commission at any tinie during Y�ie ].ease � �erm a� renewal tex�n shall have the right �o re�ak� poss�ssion af al1 oz portions of fhe premises tlzen und�r. lease to the Ci�� pursuant hereto fnr airport purposes based upon a real �nd presei�t a2eecl for use of such land by Commisszon ��r aeronautical or ather purpnses direct�y re3a�Eing �ta �Ehe deve];apmsn�. and use of the airpo�t, or relating �o �he eliminacion a� 2xazara to flight af aixcxaf'� to o;r �roin th� airpor�., or hazazd �o: �ersons fram fligh� oi aa.rcraf� to ar �xam th� airpor�, In the event a� Commission's exe�Gise af its rzght �a retake possession, it shalZ give at leas� n3.nety t90) days notice in wz�zt.ing af its inten- tiox� sa do �fl, with notice bea.ng ef£ective on September 30 of the ao�ropriate y�ar. Sn the event r:�eovery is only of a pnrti�n a� th�: ieased premi:ses, Commission may, but s�al1 not be required, ta gi.ve the Gi,ty the right �o relcrc�ta the facili�ies'bo o�hez Iands as -�kse Co�r�i.ssian may designal:e, which lands shall be o� szmi.Iaz aareage and usabiZity and o�' equai or rela�ively �qua1, acces�ib�.la�ky �ko �Ehe r�mainder of �e park .and recrea�ian, faciJ.it�;es xemaining, incl.u�a.ng thnse an City lands cazis�:i.tuting Taft park, �.n �ahicl�c event the Ci�y sha3.I, have at I.eas� nin�ty (90) clays wa.thin which to relocate th� faci,li�ies, grade and seed the alcerna�ive area. �'hereupon the 1.�ase shall conti.nue for i.ts fu11. term upon such al.t�rnative area. Shoulcl Gomm�.ssion reta.'ke possessio of �he entir*� leased premis?s or shauld it nat provide alternata.ve s�ace s.»d repZ�c� or r�locat� tha park and recrea�ic,si £�ca.la.t3,�s as rec�uiz�d to con�inue thezr operatian for park and recxea�.icrn purposes, then f.his leas� shal.l tex7ninaEe aixty (6fl} cTa��s a�tez Commiss�,on mails �ko the Ci�y notice in writing of i�s intentio,n to ra�ak� possessxon. (6) Nu�a.ntenance ar�d ppRration, The Ci.�y, at al.l �zmas and a� no cas� or exnense .�a Cnmmission, sha1� :nain�ai.n the lands undnr �.ease and a13 pag� Fiv� � ,,g,..;.. • ' � � i . . ^' � . ' . I� r�y improvements ther�cin in a nea� and cle�n conrlicion anc: in gaad repair and sha�.l keep ��e pxemises free fxom t3ebx'is, keeds and e�'osion, The Ci.ty sha13. no'c su�£er ar permit any c�as4e or nuisance on the dema.sefl premises and shall p�rmi�t no illega2 acts or conduct �hereon or such as wi11 constztute a nuisance. City sha11 be resnonsible Par cantrol and policing of fhe leasacl premXSes and of park and recreatianal. ac�ivi-- ties �conduc�ed tharean. {7) A�,�1'xeable z,aws. The City shall comply c.*ith all Iaws, ordinanaes, ruies a:t1d regula�xons of tha Unitied States af Amer.ica, th� 6ta�A ot biinneso�a; �dz of agencies, depar�ments or divisians of eith.er, or of �he comrnission re.lating to fhe l.ands under lease and th� use �hereof or zelating to contral o£ ground and aiz _txa�fic, aircraft operati.on� and the qeneral use and operatian of the ai.raozt; and the City sha11 see to the payment of any and a1J takes, assessments, la.cense fees or ather charge� •�ha� ma� be Iegally levied, assessed or mafl e during the �erm t�� th:is laase or any e�:ten��an �:Yzer�of b}• re�son o� tha uses hereby permitt� of the lands under -1.ease. (8) Iademnity b,y City. �h� Ci�y ag�ee5 to hold and s�ve hazmless �ha Cnmmissian frozn any and all cl.aims, li�MS csr I.iahility which ma,y ari9s from City's constrzxctzon, main�enazzce, xepair flr rnplacem�n� aforesaid or from claims oP labor or matera.al:men invo3.ved in oz arising out of the sanie. . The City sha1.1 andemnify anc� huld harr�l�ss Commiss�.on from liabil,ity or t cla.im o� 7.iability �or 7.ass, d�m�ge or ,izxjuzy tc, nersons or proFs�rzy on ox about the lands und�r l�ase fzom wha�ever caus4, and Commission sha1J. not be ].iable to the City to any extent, nor wi11 tha Ci�y make any c].aim agazns� Cammission fr,x or on account o� damage ta tha l�x�ds under lease or ,�,ass damage t� nr des�ructinn of improvem�nts, facilities anc3 structures th�zeon. (9} G°oinmi�sian Righ� of En�ry. Cozunission sha11 �t a.11. �imes an;d thfiough i�s aqants and emoloyees or contractors havA a r�ght vf entry �age S:.x l; ,y� . . , . . . . I uoon #:he lands under 7.ezse, as ma$� be nece�sary in the c3�velopm�nt, maa.ntenanc�, apera�ion and cont�ol of th� axrport. c�xzh the fuz��r r.ighL resex'ved iso Cozamission to install and maintain upon ox under �he 1.ands under lease such uti],ity 1in�s, conduits, pipes and faciliti�s as m�v be necessar� to the de��lopmenf a� saic3 airport, provided commis- sian sha1l at its cost and exriensII rena,ir any damag�s and restore any par�ion of the leased premises damaged k�y zaason of such inst�llation and maintenance. ' (lOJ Assiqnment an� Subleasing. Subjec� �a th� provisions hereof the City 'si�a7.3 ha.ve �he righ� to determine th� basis, and laased t�ereon, cont�ol �he use ot the lands un8er l�:ase and the facilitias therein fqr parY., zecreation and related uses, but exce,pt �or th� �oregoing the• City shall �ave nn right to assign this leas� or sub�et 'r.he lands unc3er , lease and improv�men�s t'iereor� unless �;�e consent of Commission is fixst � obtained �hersto in wxit.ing. (�,l) bamaga ta Pramises. Ti�.le ta im�ravemenf.s an tha zeasec3 gremises 5hal�. remain in tk�e Czty. Sn �he event of damac�e �o t}ae 1.eas�d premises which, however, does no� result in tlie premises bei.ng unt�nantal�l�. for tt�.e purposes h�r�under the City wil]. repai.r or replaca as reguized, Tf damage is suoh that the City determines that �lae premises aze unusab7.e for �he purpnses hereu,�der, the Ci�y aRay r�paix or replace as rec�uired or, it �.he City e,lects no� �.o r�pair or r�place �hen this lease shall thareupon terminate and t�e Cit�l sha11 dismantle and remove desi�rayed °z dam�ged �aeili'cies thexaon and .impravem�nts th�reto so as �o rsstara �h� premises �o a conaition simil�x- tp that prevai3.ing el.setirh�r� on adjacent airport pxoperty. (12) Lease �inds 5ucaessors and Dssigns. �:�cept as here�n oi:herwiss Frovz.ded,' all of th� te�-rns, covenants and condi.�.ions of this I,ease shall be bindang upott and inure to �;n� banefst of fihe successors ancl as�igns Paqe S�v�n ' , �-' .' L�. ; . ' ' • �. : .. � � oF �the Ct�mmissi.on arsd the Ci.ty, rzspec�ively. T�d WSTNESS WHEF2EOF, The �ar�ies h�reto I��ave execu�.ad tha.s �ease in dupl�.oa�e t�e day and year �irs� above written. ' In Yres�nce Q�: MINN�POL�S-SAI�iT PAUL TtE�'x�Ok�OLIT��T ; A3RPOF2�`S C�hftZl�SIbt� �� ,iIY~ �� ._� Ul � ��T.�� '� I � Chainnaz� �� . ( • _ � Secretary �� cz�� Q.� xxc rx�x�n . 'r _ •-.. ..,.�..,. c � � � Hy � � .� ...--- _ ,"� ^��s—'_t��.:i.,._ �b . � � i t�ayoz ?`t-�� •�?2!.� i/j.!��/�,� •�� !� �r /�,r:�l S� ; /�.' �X ,�QG'Y' �./ Fage ��,ght " ... . , . , • ' , . . . .'. - ,' � s�r�z� o� ��r�r soxn ) } ss cau��x aF��p'�,�'�_, 3 On tt�is � clay o� , 197I, be.fo�,e me, a Ian�Eary public wi�hin and f. r sa�.d oUn� n 5�a�te,persanally appeared L ren e ancl , �o me p�rsanall,y known, wha, �`�1��l�y me duly swo i sa t a� they are respec�tively thw Chairinan and Seere�az o innc.apolis-S�in� Paul. Nietropolitan Air�orts Comitu.ssion, the carp atian namefl in the faregoinq ins�rument, and thst the 5eal , aftzxeci to sai.d instrum�n� is the corporate seal of said corparation, and ' that said ins�rument was signed ancl sealed in behalf of said cozporation ' by au hority o ` its G verninc� Bod,y, and said l:zwr,�srre t�f. f'�e�! �i and ��f `i��r.�/ acknowle3ged said �.ns�r�msn� to be '�he zee ac� ar� o saz ecrpozation. • - r��t�YYttr�'�' -�i.�ar�oa�r;r�� L} �(!7df�ry Publia.Mcnnepin Cnurity,tvtinn. My Commissian ExpiresAuE..3.1.4�.. SZATE UF MINNESOTA ) � �S CO�r�x� 0�' j i� On this �;,*� day o� �U.,Qu( ^. 1971, befora me, a Natary Publ.ic wa.tk►i and for sa�d County an�S��e,��personal7.y appeared �' ,, �1„�'�-�C;L" as�dl3Jb_ti •��L ^ _ �o me pRrsonally kno�an, who being each by ane duly swar i say sy are �espectivaly the Mayor and Cii.y Managex of tki� City o� Rzchfie.ld, the incxnicipal corparation named in tha for�goin ins�rument, ai�zd �nat �he seal affixed ta said instrurnent is �ha corpara�e sea7. of said nunicipal corporati.on and tha� said instrument was signed an sea{�led in behanlf of said munici�al corpora�Eion by atzthority o zts �.i�44k �.R`tls`�;`tWt..-\ 171�C� Sr�.3.d. ��xc �<�, �fp„�..�._,�_ c'�.27C��`.:.c4,.. ��• >��.t��s�g��t��:�._. . acknci�i�.ed'ged saa.d�.r.s�rtiment to k�e �he fzPe ac� and deed' said a` corpazatian. __._�_.� -. �y ,�� `y M :��j�y.��'��..��.'`�. ..� ... .. , � �;.r \�....1•./i�t f.. � -. .. . � 1 S.ti.�1J� �• , .-��f�...� . . .. . .. . .... . . � .��'e... 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S ,.y: , . _: , � • ' : %� . ,- . .. .," .s.s c'° ;k. � - ' . t r � "A,..t Y� ` � . .. .�l . �,�`, _ � + 1 f . .` . _ E i . r 3�7�t-�! , }i ...� . .�. ,i� ..,�. t�, ��;r.�. - �M t-�r 4 tf ��},:.,,+; . 1�.,.�� n�.. *°u$3"_�'s`'p'i�(r�t�ti�'. . . . �. ., ..a„�....F�..� . �'.a: .� �,, i}R{t.Wy; .�`..-vK� ., , ' ' ,' � , , � �iA'!'ERZALS UiSi�DS.�L P£R`iiT '7' � TF2�tP01LAFY PE1t1S�T, Gzven ctaSs �� #day :aE d�l r`� 1! �, 197I, by the MI:12iEAPOLT5-S�lI[vT PAUI. ?fETs�OPOLItiA.l AT.itx ORT5 C4*L`SZ5SInN, a pub:lXC cor�:aracion and a�ency of th� State o£ }15.nneso�a, hcreir, re:errc�l to as "Permittor," Go 3dHIiS(}N B�05.. F�tIGitW�1Y & 1�AVX CQ�ISTRUCTURS, YYC, , a �usiness cozpoXat�.on of Che Seate of �f�:nnesata, herein re�arred Co as "Yermi.[tee," W Z T N E S 5 E T k : .� W1�P.F.AS, Parmittee i.s undsr co:�tract trith the r.in�tesota ScaCe F{igh- way Deparemen4 �fnr recons�ructi.on af L-he Inserchan�e between Cedar Avgnue {TH 1136) and che Cross--Town Highway (1�3enn_ Cty. �d. 116Z) ta the design of a I"ull Cloverleaf. WHEREAS, Pezmittee,, a.ncidenr co the afaresaid contracc, by lEtC�r dated April ].b, 1971, seeks tl�e rigllr [o ��.spose of higttcray matcrials on 1'ermicco�''s lands, a part o�' i•Sinneapa�is-Saine Paul Isic�r.naCivnzil Airpnrc - t+'v3d-G1zamU¢rlein Field in the nei�hborhood ot L-he canstruction projec� and w�thin an area zp which i[ is proposcd to pravide 'lar�dscapin� anc! bufferis�� throu�h tree ,:lantin;�s of£ che nozthwesterly snd of aircraft zunc�a�•s, a.n consideration far wh3ch PeTtniCCee offazs to landscage the di.sposal area so as to e£fecC a park development thereon co t�eet Pezroitcec's requiremencs in respect ther�[a. . HOW, T2iCREPaRE, Permictor heret�y �,ronCS ra �he PermiCtee �he right ca � anter upon lands of �he PermiC�.or it� tlennepin Courr�y, Minnesa�a, a part o.[ che aforesaid aitparc as desz�;nated on the plan i.dcr+tifi.ed as �xhzbSC A Y��zeto at'cached an3 bade a part hareoz", far ehe pur�ose of c3eposa.ti:nr� highuay matexaals in connec- tian wS�h reconsCruccion ta the design ti£ a ��Zl c3.ovexlea£, of tlse �ntar�hange be- tween TH z'�3c and Herzn. Cty. Rd. 1162, said �ranc of Temporary Fennit to bs for a Cez�m and su3ject ta the £al.J.owing provisions: - (1) This Furmi[ shall coatinue and ehLend tor a period of n2neteen (39) �nonths from che date here:of or for suck� turrher perio� � as Per�ittor speci.`icalJ.y agrees co i.n �riting. • (Z} Disposal o: mat�rial� incide;�: t� ttte afure5ai.1 righway , consxzu�cznn praject sliall be limiced to ti�e di5posa,t area as ��. . :' ' . , „ : . ' describvcl and desibna��d on c':cliil�it A an�l shall bc �.xt suCii fs;ahiatl ' � and sha:1J. bN rliscributeci wi;ttin �tie area anB the arca wii.z be graded and eaiTroured 1�y Per�ttiCee¢ ;;u ;.is Cc� �e..coFlsis�enL w�.cl� .rhe 9.anc3scz+p- ing of sai�} ci�spsosa]� c�rea eu eftecC a nar�: d�velopme�at zh�rean. (3) Plans ipr Che lancf5capin� of s�i�i dis�rosai ar.ea, inc.lud�- ing pl.antin�s o� Ciees and bush and see�iing ox soddin�, shaJ.1 be ' prepared co the sat�sEaccian oP Pet�ui[tor by landscape planner. re= tained�hy 1'ennittee fox Chis �,urpase. , (y} Perrnittee shall, wiLhin ten (1Q} days afcer receivin� . , wriCten�deraand fr�m Petmitkor (but nat beFa:e �ugmst 15, 1971) , uay � CD iC Chc �wn of �ifcu Tl�ousand Dollars ($5U,0�0) as consideraci.on I, for this l�i�cexial� Ui.spnsal 1'ernic or ac cha o,�cian of the �'ermittar, . � exerciscd by natzce ixlloriting eo Ch� Permittee an or before January 1, I' 1972, Perrnittee s�all compleCe lan�3scaping 1n accardante wi,rh the �foremen.ioned plans wichin �he �ezm hereof or as saxd tern is excended by Peru3ictor to germit complecion of che woxk, aIl ac no cost tp Pez- miccor and aG a cost of Pifty Thousand Dol]ars ($50,ODU} to Perr�it�ee. (5) Permitcee shall (aroctire and pa� �11 fees in connection Nith permiCS, federal, state and locai, as may apply t� and be re- quired;.:for a11 work hereunder co �� per£ormed by Yermittee; and nperatibns aF PerMicce� }tezeunder shatl b�: in comp�.ianc�: wx.ch a11 � . lac+s or nrdinances hav�:ng applicatian �hereto, and Yermiecee wiST indemnify and sttve Permi�•cor harnJ.ess fron 3n� claim or act'ion by whomseover assercr:c�, arisin� t�v resson o�' operaCions l�ereunder o£ Pezmittee, ics .e�r�ployees and thos� opera[in� he�et�nder wzder cnn- � trate crith a.t. {b} Permi�tce �hall furnish ro the Pezmittor parEormanr_e bonc{ in �he sum of Fa.:ty 1'I�ousancl Qol2ars ($50,000) to guarancee pay7ent . eo the Yermictor of Fifty Tko�sand Dailzxs ($SO,OqO) a.f demanded or to gua'ran[ee che completian of. rhe wark r.�qui.rcd hereunder in accordance vi�h plaRS th�refor and wichin t42 cime specifiecl and in compliance wiCh the tertns hereo£. Permittor cer�ifies chat ic has zitie in che dtspasal area suff,icient to supporc the, permit granC here�n m�de ax�d �he uc�r1: [a be don� chereon. 7�2 WITY�55 SJ:iEREOF, The Pr.rmit[or anJ �'ermittse have execuCed th3.s instrumenc che day at�d yeaz �irsc above wr�ct�n. , In presence of: MTNtlE�?OLIS-S.�lI\1' k'„l'L NiE'*.°.'OI'OiZTAl�T AIRI'URT5 Cp;�lJ�SiUV ��-� �`^=---- �Y y U 'i \, r' ' ��,�l� �+�� . I C s C�an 1 lv �' And y , ''r. ,t � Fj i. .:i: � �-C.r_,�.�,. its ,S�creCary r�i.,,�,� 3DHN50.� BRpS, ifICh'iJAY & Y.EAVY COyS7�UCTORtr;�.�tC. . �'` �_�_.,�'�' . Ey � ,..'GL�C.r'�-... � kcs v � eS�clEnc • �„—.-,� ` � . � And " _ • ` Its Secr.et y — 'L — • ' . .. .. • . �. . . s�ar� oF �txuh�:�o�� ) } ��_ • couh� o�- �S�° � dn �liis �day of k��C�� , 19i1., �iefore me, a t,otary Public �.+iLh'n and tor sazd Couney and 5 te, personally a�peared and�� —!.�l5xra�a n,t �� py�, to me persaaally knawn, who being eac by rtse d 1y svorn did ay that. they are respectively �he Chairtnan and Secxc;r��l °�� Minneapolis-Saint Paul Pfe'[rapalita;� AirpnrCS Gam,�isszon, the corporatzorr �ta�aed lzi the �oregoing insc:unenc, ar,d chat c)le sea;1 affi>:ed to said insLrumenc is che corparaee seal oE said corporatiot� 1nd chat saitl inscxvment was signed and seal�d in behalf. of saic3 corporacion by au�h4rity at irs ove�ni�g Bndy and said Cair�rence M. F�11 a,d ..r�.'a�,., acknoaledged �aid instrumenc to be �he free act and eed o said corparation. ~ • ��1_x�L • {S�T,) E�EANOR bABLER ' � , �Fdtmy Pu�Gc,Hennepin Caunty,Mfnn. � My Comml:sion Expiras Aug.3.1972. szax� oF M�r�NESOxa 1 ) sa. courrr�i o� �tc�t� 1 t7n this 7 �h day of .i.,�.� , }9J1, beEore me, a t�otary Pwblic x:thin and far said County and SCaCe, personalJ.y appeared IT�'u� !� Joh.�s „ . ancl �"�?, �'/�Q�c �, to me personally knocrn, crho bezng each by me duly sworn did say t45a� they are respecCively zhe VS.ce Presldent and 5ecre.[ary o£ Johnson Hras. Highway :6 Keavy Cans[zucEors, Tne:, the corporation named in.the � fazegoxn�; insirument and that the seal affir.ed to said inscxumenc is �he cr�rporaCe sea], �f said corppracl,on and that �aia instru�aenc �vas si�ned and sealed i� behalf ` of said cazporacion by authority oE acs Baard af Directnrs, and said v,�c� �i..r,d�-,� and S�.r�r�.,.-.� acknowleri�eci said i.ristrument ••� ra be �he free aer and deed of said corporation. ��:�� — �ts:..� �.. ;. . ts�e�L� NoSa.cy�v�bfle..Meekct O..o.Y..y.:;iR:�. � � �X Commission Expires Apr.9.197�. _ � _ t , .. .' . _ . .A . � EXHIt3S7.' C NOTICE The public is herzbp advised �2iat �.hese paxk and recre�:fi.=on . facili�ies er� loca��d a:�d op�ra�ed an pr�mises a part a� wold- Chambarlain F'ielc2, a pul�lic aix°odr2 of the Mli.nneapali�-Saint Pau1 Metropolz�an Airparts Comtaissi4zi, and are m�.intair.ed and operated thereon b� �he City a� Ric2Yfield un�.ex T�ease from �ha NIiiu�eapo3.is-5ainz Pav]. �til�tropolit;a.:z� �ir�or.ts Commission. Thase facz�,i�:a.es are made availak�le to �h� City o� Richfa,eld a� �no charge,,but on fih� uhderstanaing �h:hat iizs Comm„.ssion has na responsibzl.i�y �or maincenazace, care or op�ra�ion, nor for po.licing ar supezvision af activi�a.es zhereon. � CTTY OF P,ICHE" ET,D Lsepartment of R�crea't:�.on F��2��''AM�NT71VI�1�T T� �A�K Asl\'D R��AT�C�I�t FACI�I'�'�ES I.FA�JE M�NIWEAF��..��-�T. P1�UI.��d�'�I�tNAT�6�N.�.L AI�2PE}�tT �;, THIS AGREEMENT, made ti�is i�1`` ` day oi' ' t`::�� F tf r'=.; , �;��2, by and Y�etwee�a tl�e METRQPOLITAN AIRP017TS CUMIVIISSION, a public'`cc�rp�ration, I'ani�erly knowu as t�ie MTNNEAPOLI�-S�1II�IT PAUL METROPOLITAN ATRP(�RTS COMMISSIOiV (herei�after ``Coniniissioli") an�i the CITY" OF RTCHFIELD, �munieipal c�i�oration �znd �alitical subdivisit�n of the Sta�e of Min�ae5ota(l�ereinaf�ter j`City"). I2ECI�A�,S: t�HEREAS, �n t11e I4Ch day of Ju�c, i971, tl�e Conl��aission an�3 �ity ente�•ec1 into a Park ar�d Recre�2tion F�cilities I..�ase, a cc�py of which is attac.l3eci l��reto, for �ropei�ty loCated 'zxl the naz�thwestez�ly�ortion of M7Y��ea�olis-St. �'aul Intcrnation:al Airpart, wt�icl�l�nds constit��te an aiz-�oz� buffer zc�rte (hcrein�ft:er"I..�;ase"); �ind � WHEREAS, th� Caznr�issza�� and City acknc�wledge Ch�t pur�uant to the terms af t1�e Lease, Conln�issi�n Iias entered int� a lease for tIie constiuctit�n and opertition of �i ce11 fiower ��ith Conc�uz�se ComzY�uz�icatioans Grou�, LLC, on July 2, 2p(}1, which shall canfiint�e tJiz'otz�hout the term �F this A�reert�et�t; a�1d ' WHERE�IS, the CoriZrilissi�zz aizt� City are cu��rently �arties t� liti�atit�n regai�ding tlr� acc�uisition l�y ', Cazilmission af pi-operty �n�wi� as the l�rcvv Fard TowiT az�d Ric11 Acres P�rks, f�rinGrly l�catec� � �uithin the City �f RiclifieId; arlci I I WHEREAS, tile Coni►zlission and City h��ve reaclied a settlement c�i'the liti�atian ii��c�Iving tlle N�w I Faz�c�Tawr� �1id Ric;li Acres Parks, which �ett.lerne7�t izlcludes, in p��i-t, an a�reement t� exte�id tl�e tef�in af the L..��se t�n terrns a5 hei�cinattez•set �ortl�. N�W THEREFORE, an cozisiderati.oii �f the f��goizlg and of the n�ut�ia117z�ciertakings of the plrties IleretU, the Cornn�issz�n a��d City �g��ee as fallows: (1) Fara��a�h{1} of tlie Lease is her•e�y anlend�d t� reaci as follows: Tlie Lease tet-n:i as set�o3-t11 at F'ar�graph (1) of tlle Lease is l�er�t�y extentied tc� a date tlxat i� 3E) yeaz•s after tlae datc c�f this A�zlendnle7it and f��o�n year tc� yezr tll.ereatter, ��z�iject to the Comri3is5ion's ��ighls under Pa��az<i�lx(E) c�1'tl�e I,ea�e, and subject tc� ter;�lination �t the e��d �i� the extended 30-year t:erm oF aii�! znnual renewal �I�ereo�� hy� notice ir� w�-iting by eitli�r ��ty to the a�I�er, �ive�� t least ni7�zty(9(�} days prior to tI�e t�i�nli:nation date �f tt;e extendeci 3t}-yea�� tez�n c�r i-�nec�al periad, anci fui�tller sul�ject to ternlinitic�rl by the City as �rovic�ed ii� Para�zapt� (2) of the Le��se, (�) The Lease is a��ier�.ded by addin�Par�,�l�apl� 13 tc�read �s f�1Z��Fs: {13) Citv �ia11t t0 Purchase. Conz�z�issic��1 �ind City ��gree t� �roceed i�i �aod �azCl� to n��otiaCe an agreeinent fc�f•tlae �aie of tlie pi�operty tla�Lt is tlie subject of t11is AgreeFncnt fronl ��t,-�o4fis��;� xc:t as-�3� 1 C�rr�xl�issior� tc� Ciiy. It is uncicrst�od that �he sale: wili rec�trire appr�val ��f the Fed�ral Aviati�n Adzninistration; wi11 be subject to retentiozi by the Co�zirnissiUi� of certair� easem�;nts ancl r��trictions o�� use of the pr��e��ty such as hci�ht r��;trictions, Iand use restrictions, ar�d nc�ise �asements; and wi11 be for market value of tixe :fee title subjeet to sucll rest�ctiUns a.nd �t�bject to tl�is A�z�ee�l7ent. IN WITNESS WHEREOF,t��parties l�ereto have executed this Amerrdrraent in �Iuplieate the day and year fzrst written above. } Date ;1'` ` v=:� ' ':` j' ��` , 2(1C12 METROP L AN A:tRP4RTS COMMI�SION , t�.-%�`�. ��: �i��: tJ�RE��R CO��ERCIAE�R;4P�AG��EREt AND STATE UF Iv�INNESC�TA } ��-��'�'��RS �55. �'OUNTY LF ! ' �t: ,;fr,,;�,,': � `=f '.� r �- _,''"t`��r,r.l !x 1 -. ,! Th�s instrunlent was ae:k�aowled��d befc�re zile on the day o� / - , 2Q02, by ��1: �.�1 i j'' ' I ; t t ?�..+� { s�: d� 7 � r .(� ! �' 1= -. .f.. 1 e .�_,1. . � l��_}6` ,�}lE: t.f�� -i t-r � �.(� i ....t '� �'(�! , . t:_� �Il.ilIT1C:� , _. ��lt�f.'� . u' �+1 �{��. i,f'� ;,l'I,ii.,E a �� ;"i�� ,j. . on belialf oF METRf�POLIT�.N AIRPORTS COMMISSION. a �.,., .. . t , � �i _`; f"lELJCCCf'1 h . _�_ .. 'P ir s� ��t j-_.j� 3 �f� ! ��,�t ��3't �. :I. _.f �NQTANY PUBLIC -�,Pt.'�� > ` r J ��} �Y Comm.�(r&s Jan 37 2�0�g �UL1Ty�li}�11G #�: � � Date: .�f �-� � , 2f)02 CITY OF RTCHFI�LD � , r; �7 � �-� i� ,:, � f t�� $�r, '.7-C't v��j�1-? > .`� ,- �v��)_� � TtS: Mfty(l� �,_._�:, STATE OF MINNESOTA } ,/ �Sfi. COUNTY nF "�:;a��a«�� ) �-��, This inst�-��nlent was acknawlec��ed before�r�e on i:l�e �=�' day a#��_�a� .r� , 200?,l�y I'��i�/��l�7 ,�• !`\1 i2:.�>!� , ,thE ,�y)C°.�.�,K�L� r (21�1ITIG� �c1�0I' on bchalf�f CI'TY OF RICHFIELA. r'I// J�.. .Y �ip /,,��'* ,.�° C#��!�.�t.k°FI4J�°$4L._7'. ( 'if/<r�r,'r (..r!L ��.r'�-�..,,L'.es„,y,y,a. Ft.�`F...�f .,�.� n�o��y�ut��ic N�tary Public � ,� � '�{'St'16�012 /��J�?.) 1 t '� My G�mc-�i„�ut.Expires Jzn 3t.i:� � . 'vs-Zar,_ . JML-20R680v1 RCI�S-�34 2 Date: �� :..�°�' , 2��2 CT1 Y OF ;..ICHFIELD �r.� By;� r � ItS: '�t�rF " ana�ez.`°`' . STATE O�'MINNESOTA � . )ss. COUNTY QF �,��.��.�.�-• ) This inst��zme��t was ac�nawled�eci befc�re me on tl�e <�'� clay t�f ��-�.>'�r:��,� _, 20�2, by /l� , / �y� ---��--- <��l i'7)'�t`'i'f lY'.,l3 �f"4�t��"'�r;�t`.1 T��1�.' C� LZ' /l!�/.,�",!'.Gi (y�,::.✓ (na�ire) City M nagez� on behalf nt CITY OF RICHFIELD. �,��u,..�.k' ��. ,:��:.x t�_�' ,.—, r...,� GNERYt.A.K�tU�9F#4�Z Nntary PubTlt; %� ��,1�f� F ': �"s:�ry Pt�tsiiC � �j-..� ;i� �` i"innesnta !Ry Gommission ExpMes 3an Sf.�i8 1i�L-20A680v1 RC'145-33�k 3 I I L=116.86' L=69.98' L=93.33' R=300.00' R=698.67' R=323.67' \, 22'19'08" 5'44'21" 16'31'18° L=7.86' � L .37' R=100.00' � R=150.0 ' 4'30'17" \ 3'34'41" � L=7.86' I � , R=100.00' g w �— � :_ 4'30'17" �� =9.37' a � - � R= �0.00' ;� � � 3'34i 1° � s, � ztr,rl�ia�sie�si- . LL S31• 11� 1�1°E � S31' 11� 11°E rl�?�111 i��.�r14� �_ n r. � 152.0� 18.19' ��QIJr��(�[��0/1%�j z � = S34' 45' 52"E a 17.33' z �� %k,t Ifj o%y S ' S ' 19"W 6�L� � -�j �r�;,� 30.33' `L1 �1 `�,!'� '%, S13' 3 ' S�1 11 z a� 1��`�yGy�'"s,� Y .3.�2� o Z ��f�j�'✓ z ,- � w m � � � � N m � c L � o `° � o o � o `° � L n o .� v � ±° �° ° � ° '° � ,��., � a�i C0 ° � a�i c° � M ,.� +� � a�°i a� a� +� � v o � m a� c �n o W a; 3 a� o a�i � � °� � � w � � w ri � `� � a� � � � � N O � � .U.�V � uj C C � C � � � � pi� � N t�0 a�-+ �� +'�-, � r0 �O V tp CO U t0 M � U p O � v O O o � � � a°. � o! 3 � � �o � � m c � � � ;-� �n s o ro � � � -o co a -a rn o -a cn o � o a� v :,6 o a� (!1 � � T M w � � O C 'D W C C 'a � � � N 7 � y � � (6 f0 � V (O � V @ � U C � C � � � C tn V \� -C � T >' � O � L � � ,-� 01 O � 01 O�O � N ..0 � a-' � C N � � N � � 4J u- (o O�`�- �vl � �"- � Q � � ,u � r0 � lA O � .-i N � i- C C M M '�' . � � � `�- � N � � N O � C � L � O a L '� O 3 U C t0 L tn C L �p V p 0 • � �p y O � u- 7 "- rp � 'D O .0 � 'O a N � � � C �t N N C LLl �. "" o O � � �p -� p 7 � a0-� -6 � W � OO U V � U @ � U � i' �7 (0 � t0 � (O w _ ..O �' Q� �a 2 a"' w � O N � � � !0 �' O � � �p u- � O C N C C �p 07 � '� L � � 7 v C +m-� U U V � �0 f`'1 C . LLJ L � � (A � (6 ^ O U O a..�,r C O� � C N � O (LO �O � � � O � � .0 uUi \-� N C C _ u�i � � � N � W � O .a� t�A N � U N C � � U v- � O�� 'O Oi M 'p a-+ � � I� . � � I� . � �r c "o w -o ¢ _ � `6 � �c o, 3 ~ c �o � � � '_-� � '� `6 � � � " "- r�o a-' ° � ,�o ° ro ;� ° m >� m °c'o � ��o � � Qi (/� C � a-± r0 C L N � � � d..� ''i y O � � O O .0 C � r0 .0 l!i �n > 'j M M N > M � Z @ � L � � @ � W � � � O N C d' � Q O � p Z � � M � O U "O C (�6 u0- O�� m� w �p 1- 'C � � > L � i) O a.+ Q� 3 t0 � a � Z � L � U .� M l!1 N i-�^ 7 Ln C t0 y. C (LO C (L6 M N � Q p �� U � = s � C s= U) O � OJ = � N .�u �p � •-i U .-I � (O y � � Q e O • M ,L i�w (n � v- � � O � 'o �1 L = 7 � (0 t ++ O � N M ��'' � � ^ "-- � O � � � O�O !0 N N � �0 � 0 7 � � � N � � � � O N p O p U �6 � +-r � �.�'' � �O �rp O � C M O C �n � ,y,� Oi C Oi i C�� C M � � � Oi O N � Oi u- � � m C Z C � � (6 w O y;,1 cn U1 .0 N-� V N 7 � tn C > ,-I � > o N > o ,L � � ,.0 � � � u"' O � 3 �'a C N p�'� O Z N N y- 4- � � 01� L (6 � (6 0 � (6 � L (0 \p L N � � i� y (O C � �d � t 7 N N ,O C �p u- u�- a- � � � U � '�- �0 � � � W �6 "C N � L p � L ,1 j C O � V ' O � i6 �' .0 Z y � a.� C C .O rp 'U vl � p O � C Q) O .N ,� . �+� � � y � C a..i� +� o a � co o ° c > a�i � � a�i o c o,v�i � .� �`� ° � � v �o `6 ;-� � � 3 0 � � o � � o � � � � � w � -°�a Z � � F" N ln U O Q 2 � � � � ..0 L l0 � � � O N O � (0 Q7 C�,'�d. � � � N U � N V � N U (O f6 M f0 (0 O� � �-' � C O .+-' O N r: � N � LNff j L�11 � p � (0 0 � p O C t L �t L �t � O � � O O � Z U � � � � U � Z � � 'D U N ,-i U .--i 'O u- �0 L M M �n ln (6 a..� a.- N a.- +� r0 +-+ w U r0 w M U r6 O w v=i � � � �� Q � (n u O U AGENDA SECTION: CONSENT AGENDA ITEM# 3F REPORT# 53 STAFF REPORT . CITY COUNCIL MEETING FEBRUARY 25, 2014 REPORT PREPARED BY: JEFF PEARSON, TRANSPORTATION ENGINEER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � SIGNATURE OTHER DEPARTMENT REVIEW: � N/ SIG RE_--- i� - „- � _ , REVIEWED BY CITY MANAGER: �!�� _ _=- �..�,.r-- i ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution supporting acquisition of easements for the Intercity Regional Trail. I. RECOMMENDED ACTION: By Motion: Adopt a resolution in support of the acquisition of easements for the Intercit Regional Trail. II. EXECUTIVE SUMMARY The Three Rivers Park District (TRPD) has completed the plans for the Intercity Regional Trail connecting Bloomington, Richfield and Minneapolis. The attached resolution of support will allow the Park District to formally purchase the easements required to complete the trail. The resolution also supports the ability of the Park District to obtain easements through eminent domain if necessary, however it appears from meetings to date that all affected parties are open to the easement purchases. III. BASIS OF RECOMMENDATION A. BACKGROUND 022520141 ntercityRegionalTrail • April 4, 2012: TRPD presented the Master Plan to the Transportation Commission. • May 2, 2012: The Transportation Commission unanimously recommended the Master Plan for Council Approval. . . May 22, 2012: The Intercity Regional Trail Master Plan was approved by City Council. . • Federal Funds have been secured for this project and TRPD plans to begin construction in 2014. B. POLICY • The Intercity Regional Trail Master Plan is consistent with the City's Comprehensive Plan (Transportation p. 6-39) C. CRITICAL TIMING ISSUES • Three Rivers Park District needs to approve their easement acquisition in March so they can stay on schedule with the secured federal funds sunset date. D. FlrraNCraL • There is no financial impact in the resolution of support. • The resolution will assist Three Rivers Park District in capturing easements necessary to construct the Intercity Regional Trail. E. LEGAL • The City Attorney will be available to answer questions. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECONIMENDATION(S� • The Council may choose not to adopt the Resolution at this time. Failure to secure a resolution from the City could affect easement acquisition for Three Rivers Park District. V. ATTACHiVIENTS • Resolution of Support • Easement sketches VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. A RESOLUTION OF SUPPORT FOR THE ACQUISITION OF EASEMENTS FOR THE INTERCITY REGIONAL TRAIL IN THE CITY OF RICHFIELD WHEREAS, the City of Richfield (City) participated in and provided a Resolution of Support for the Intercity Regional Trail (Trail) Master Plan on May 22, 2012; and WHEREAS, the City intends to enter into a Cooperative Regional Trail Agreement (Agreement) for the Trail with the Park District in March 2014; and WHEREAS, the Agreement will require the Park District to acquire at Park District cost any additional non-public property rights as may be necessary to provide a continuous and contiguous Trail corridor where achievable through direct purchase; and WHEREAS, the Agreement will require the City to approve acquisition by Park District of said property rights and approve condemnation of property rights if Park District is unable to acquire property through direct purchase; and WHEREAS, at this time it is necessary to acquire one permanent public trail way easement and two temporary construction easements from a total of two private property owners in order to provide a continuous and contiguous Trail corridor; and WHEREAS, the Park District is actively negotiating with the property owner with the intent to acquire property rights for the property described below through direct purchase: Permanent Public Trailway Easement Location Description 7700 12th Avenue South, 969 square feet of permanent easement Richfield, MN 55423 PID 35-028-24-34-0003 Temporary Construction Easement Location Description 7700 12th Avenue South, 1,233 square feet of temporary easement for 1.7507 Richfield, MN 55423 years P I D 35-028-24-34-0003 7744 12th Avenue South Richfield, MN 55423 1,260 square feet of temporary easement for 1.7507 years PID 35-028-24-34-0002 WHEREAS, failure to secure property rights for the aforementioned property jeopardies the availability of a $5.72 Million federal SurFace Transportation Program grant and ultimately the ability of the Park District to construct the Trail; and WHEREAS, the City continues to support the Park District efforts to design, construct, operate, and maintain the regional trail and acquire any necessary property rights to do so; and NOW, THEREFORE, BE IT RESOLVED, that the City, in accordance with Minnesota Statute 398.09 subd. b1, approves the direct purchase of the aforementioned property by the Park District for the Intercity Regional Trail and approves condemnation of property rights described in this resolution if direct purchase is not successful. Adopted by the City Council of the City of Richfield, Minnesota this day of , 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Three Rivers Park District— Intercity Regional Trail Page 2$ RKR Reai Estate Holdings, LLC —7700— 12th Ave. S. � tl S'GR 'T ON: EF��'�C�TS.O � � � � �R �C� U1� � � N � � � ��, � 3CALE IN FEEf D�4 � I � I — o � I I � I o I � � � IIk t I I � I I � I I 9 � EXIST. RrW � � 7�00 � I q i � I 5�.. �� I � t� �.1.�� -�.l � � Temporary � �� Easement , � xisT � �' 5' T.E. " � � 4' F'.E. � E��WT. � i � � .�117.�,��" �� 1 J ��>��. ,:��..,,��--...,,-� k _-��>a� � 4 �.�,,,«.g�...- � � . , i � TRAIL B 54 � E. Urre of Aarcei a5B � ---------- ----- - _ --------- J-----� � Pe. e � 12TH AVE S 3 � �• , se n ��c. 35, T2��v t�� E�° ACQUI�ITION ARE4S (so. �-.} EXISTIPlG FEATURE —————CUNSTRUCTIdN LIMITS PRQPOSE[3 FER7URE P.E. T.E. 77�{} 12th AVE: S TAX I.�. hl�}, 35�3�82434��C}3 sss ,z�� evergreen Land Services Three Rivers Park District— Intercity Regional Trail Page 28 B & S Land Development, LLC—7744— 12th Ave. S. t, �.� ;�� „�,�°;�� -�• w, . . ,._ . ,� " �DESC 1 �� F'�F'��CT�S�O�P�4POSED A.�� U _S 1"10' �;.n��:�'� �:�': r� � �� .� � „ �. � $CALE IN FEEf � o �o zo �� 7744 � � � c� � fl Q � Temporary EXI T. R/W Easement EXIST. R 12' T.E. Remove Recc�nstruct Shrt�bs Trench Orain ❑° � , ,15.Q0; � r• � TRAIL B �� 12TH AVE. S. �cEr�o ACQUISITION AREAS c�a. �.� EXISTING FEATIiRE —————CdNSTREJCTION LIMITS PRQPQSED FEATUi�E P.E. T.E. 7744 12th Ave S �� "� � TA}( I.U. Nt7. 35t�282�34�402 �t� ��so evergreen Land Ser��ices AGENDA SECTION: CONSENT AGENDA ITEM# 3G REPORT# Sq STAFF REPORT ,� � � ' CITY COUNCIL MEETING FEBRUARY 25, 2014 REPORT PREPARED BY: JEFF PEARSON, TRANSPORTATION ', ENGINEER ! NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � SIGNATURE OTHER DEPARTMENT REVIEW: � N/A SIGNAT � � i REVIEWED BY CITY MANAGER: � � /,f" � , . �, �, ITEM FOR COUNCIL CONSIDERATION: Consideration of Americans with Disabilities Act (ADA) Public Rights-of-Way Transition Plan approval. I. RECOMMENDED ACTION: By Motion: Approve Americans with Disabilities Act (ADA) Public Rights-of-Way Transition Plan as recommended by the Transportation Commission. II. EXECUTIVE SUMMARY The Americans with Disabilities Act (ADA), Title II requires the City to conduct a self-evaluation of facilities within public rights-of-way (ROW) and develop a Transition Plan detailing how the organization will ensure their facilities are accessible to all individuals. The ROW Transition Plan serves as a supplement to the City's existing Transition Plan covering buildings, services, programs and activities. The following practices are proposed in the Transition Plan: • Coordinate ADA improvements with the planned Mill & Overlay Program and street reconstruction projects. 02252014ADATransitionPlan • Complete ADA improvements on previously improved streets with future sealcoat maintenance. • Consider accessibility improvements requested prior to scheduled work or in areas not programed for improvements in the City's Capital Improvement Plan through the City Traffic Control Committee and/or the Transportation Commission. These practices are consistent with current City practices during street maintenance and construction projects. III. BASIS OF RECOMMENDATION A. BACKGROUND Self Evaluation • As required by Title II of the ADA, the City conducted a self-evaluation of facilities in the public right-of-way in 2012. The self-evaluation results are as follows: • Approx. 50% of sidewalks met accessibility criteria • Approx. 39% of curb ramps met accessibility criteria (includes Hennepin County roads). • Less than 1% of intersections with sidewalks did not have curb ramps. • Approx. 50% of trails met accessibility criteria. • Approx. 45% of City of Richfield controlled traffic signals had push buttons that are accessible or had pedestrian indications on recall (came on automatically). • Approx. 45% of City of Richfield traffic signals had Accessible Pedestrian Signals (Audible). • Estimated 90% of bus stops had amenities that met accessibility criteria. • The goal in the Transition Plan is to have 80% of City ROW facilities meet ADA criteria within 20 years. This is less than 100% due to the expectation that rules and requirements will change over time, making some facilities non-compliant that are currently compliant. Public Input Opportunities • The Draft Transition Plan was presented at the following events: • December 4, 2013 Open House ' • Draft Transition Plan posted on the City website for public review ' until February 4, 2014 (approx. one month review). , • February 5, 2014 Transportation Commission • No comments were received at either the Open House or via online ', submittal. The Transportation Commission unanimously ', recommended approval of the Plan at the February 5, 2014 meeting. ! II , B. POLICY • The City is required by Title II of ADA to perform a self-evaluation of facilities within the ROW and develop a Transition Plan to outline improvements to make facilities compliant. C. CRITICAL TIMING ISSUES • Approval of the Transition Plan will provide guidance for the City's I, upcoming projects. I D. FINANCIAL • The costs of improving facilities to be compliant will be factored in to the individual projects. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION�S� • Council may choose to not approve the plan. V. ATTACHMENTS • ADA Transition Plan. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None Richfield ADA Transition Plan-Public Rights-of-way � 2014(Draft) In��-oc�uc�inn s"�-��_�� Ir�� I'� ;;�� :,, �.��e. ;� As required by Title II of ADA 28 CFR. Part 35 Sec. 35.105 and Sec. 35.15U, the City of Richfield has conducted a self-evaluation of its facilities within public rights of way and has developed this Transition Plan detailing how the organization will ensure that all of those facilities are accessible to all individuals. This document serves as a supplement to City's existing Transition I Plan covering buildings, services, programs and activities which may be reviewed at the ��I Richfield Municipal Center, 6700 Portland Ave S. , t�PS�b e:�� t.�a.,�a k�i��i�9.�Z��:y�#��1' �.4i �a€.��.� 6 i:s�v,� ':'`; Title II of ADA is companion legislation to two previous federal statutes and regulations: the Architectural 6arriers Acts of 1968 and Section 504 of the Rehabilitation Act of 1973. The Architectural Barriers Act of 1968 is a Federal law that requires facilities designed, built, altered or leased with Federal funds to be accessible. The Architectural Barriers Act marks one of the first efforts to ensure access to the built environment. Section 504 of the Rehabilitation Act of 1973 is a Federal law that protects qualified individuals from discrimination based on their disability. The nondiscrimination requirements of the law apply to employers and organizations that receive financial assistance from any Federal department or agency. Title II of ADA extended this coverage to all state and local government entities, regardless of whether they receive federal funding or not. Richfield ADA Transition Plan-Public Rights-of-way � 2014(Draft) Self-Evaluation �V�I'V�P_�?7 Richfield is required, under Title II of the Americans with Disabilities Act (ADA) and 28CFR35.105, to perform a self-evaluation of its current transportation infrastructure policies, practices, and programs. This self-evaluation will identify what policies and practices impact accessibility and examine how the City impiements these policies. The goal of the self- evaluation is to verify that, in implementing the City's policies and practices, the department is providing accessibility and not adversely affecting the full participation of individuals with disabilities. The self-evaluation also examines the condition of the City's Pedestrian Circulation Route/Pedestrian Access Route) (PCR/PAR) and identifies potential need for PCR/PAR infrastructure improvements. This will include the sidewalks, curb ramps, bicycle/pedestrian trails,traffic control signals and transit facilities that are located within the City rights of way. Any barriers to accessibility identified in the self-evaluation and the remedy to the identified barrier are set out in this transition plan. �'� - -r::,r .��.::,a__�,�=�t,,� � From 2008- 2012, the City of Richfield conducted an inventory of pedestrian facilities within its public right of way consisting of the evaluation of the following facilities: '� • 43.5 miles of sidewalks • 1,196 curb ramps • 17.8 miles of trails • 47 traffic control signals • 234 bus stops A detailed evaluation on how these facilities relate to ADA standards is found in Appendix A and will be updated periodically. Richfield ADA Transition Plan-Public Rights-of-way 2014(Draft) Policies and Practi�� '�•�k��a� �a°��°�:�r.�,;. Since the adoption of the ADA, the City of Richfield has strived to provide accessible pedestrian features as part of the City's capital improvement projects. As additional information was I made available as to the methods of providing accessible pedestrian features, the City updated i their procedures to accommodate these methods. Maintenance of pedestrian facilities within the public right of way has followed the practices set forth by the City. Prior to yearly Mill and Overlay and Sealcoat Maintenance Projects, all pedestrian curb ramps in the project area are brought up to standard during concrete repairs. In addition, a project was completed in 2012 that ground all offset joints on public sidewalks. Sidewalks are brought up to standard with new construction projects. �,��1°�'��2e �''t��::�� The City of Richfield has several established policies that guide decisions on accessible pedestrian design. Specific policies, plans, and procedures include: • Sidewalk Policy • Pavement Management Program • Complete Streets Policy • Bicycle Master Plan • Traffic Control Committee • Transportation Commission The City of Richfield 's goal is to continue to provide accessible pedestrian design features as part of the City's capital improvement projects. Requests for accessibility improvements can be submitted to the Transportation Engineer Contact information for Transportation Engineer is located in Appendix D.The City has established ADA design standards and procedures as listed in Appendix E. These standards and procedures will be kept up to date with nationwide and local best management practices. The City will continue to consider and respond to all accessibility improvement requests. All accessibility improvements that have been deemed reasonable will be scheduled consistent with transportation priorities. The City will coordinate with external agencies to ensure that all new or altered pedestrian facilities within the City's jurisdiction are ADA compliant to the Richfield ADA Transition Plan- Public Rights-of-way 2024(Draft) maximum extent feasible. ADA signage requests are processed through the City Traffic Control Committee. Improvement Schedule ��iority��°ea� The City of Richfield has identified priority areas in the 2012 self-evaluation as follows: • Arterials • Collectors in Maintenance Areas • Local Streets in Maintenance Areas Special consideration should be given to driveway approach areas along Lyndale Avenue that are not scheduled for reconstruction or maintenance within 10 years. b:.� �. ._._ } � `'' ��7 ....._.. _�. a� L Other agencies, including MN DOT, Hennepin County, and Metro Transit, are responsible for pedestrian facilities within the jurisdiction of the City of Richfield. The City will coordinate with those agencies to track and assist in the facilitation of the elimination of accessibility barriers along their routes. �s��F,��;,�.� The City of Richfield has set the following schedule goals for improving the accessibility of its pedestrian facilities within the City's jurisdiction: • After 20 years, 80%of accessibility features within the jurisdiction of City would be ADA compliant. A�� COOI't�IIl��Or In accordance with 28 CFR 35.107(a), the City of Richfield has identified an ADA Title II Coordinator to oversee the City policies and procedures. Contact information for this individual is located in Appendix D. Implementation Schedule i4��.��1��Y The City of Richfield will utilize the scheduled street and utility improvement projects for upgrading pedestrian facilities to the current ADA standards. In some cases, special funding Richfield ADA Transition Plan-Public Rights-of-way � 2014(Draft) � - .. . , _ = . ,. _ _ > .,:_:. .: ,, � . ... _ .� ., , may allow for stand alone sidewalk and ADA accessibility improvement projects. These projects, regardless of type, will be incorporated into the Capital Improvement Program (CIP) as determined by the City of Richfield's staff. The City's CIP, which includes a detailed schedule and budget for specific improvements, is included in Appendix B. �u��i�: ��$��h. The City of Richfield recognizes that public participation is an important component in the development of this document. Input from the community has been gathered and used to help define priority areas for improvements within the jurisdiction of the City of Richfield. Public outreach for the creation of this document consisted of the following activities: Project Open House Meetings Transportation Commission Meetings This document was also available for public comment. A summary of comments received and detailed information regarding the public outreach activities are located in Appendix C. ��°I��ilt'� �I'�Cet�lil'� � The grievance procedure for all City facilities shall follow that detailed in the overall City ADA �,, Plan. I I l�Io�i��- �� r� re�� This document will continue to be updated as conditions within the City evolve. The appendices in this document will be updated periodically, while the main body of the document will be updated as needed with a future update schedule to be developed at that time. With each main body update, a public comment period will be established to continue the public outreach. Richfield ADA Transition Plan-Public Rights-of-way 2014(Draft) Appendices A. �elf-Eval��a�i€�� i I3. Schedule J Budget Infor�nation II C. Public Outreach !, D. Contact Informatioii E. Agency ADA Design ��a�ic��°r�� IC� ��°e��e�tj�� F. Glossag�� of'�'erms I Richfield ADA Transition Plan-Public Rights-of-way � 2014(Draft) Appendix A - Self-Evaluation Results �Ilpcla�eda 2012� This initial self-evaluation of pedestrian facilities yielded the following results (includes facilities along Hennepin County roads): • Estimated 50%of sidewalks met accessibility criteria • 39% of curb ramps met accessibility criteria • Less than 1% intersections did not have any curb ramps • Estimated 50%of trails met accessibility criteria • Estimated 45%of City of Richfield traffic control signals had push buttons that are accessible, or had the pedestrian indications on recall • 45% of City of Richfield traffic control signals had APS • Estimated 90%of bus stops met accessibility criteria • Estimated 90%of bus stops had amenities that met accessibility criteria �I � Richfield ADA Transition Plan-Public Rights-of-way 2014(Draft) � __ , __. -- __ � Appendix B -Budget/Schedule Infor�natio� ' Cost Informatiol� I �1�� 1'rice°� Construction costs for upgrading facilities can vary depending on each individual improvement and conditions of each site. Costs can also vary on the type and size of project the improvements are associated with. Listed below are representative 2011 costs for some typical accessibility improvements based on if the improvements are included as part of a retrofit type project, or as part of a larger comprehensive capital improvement project. Intersection corner ADA improvement retrofit: +/- $4,000 per corner Intersection corner ADA improvement as part of adjacent capital project: +/- $1,500 per corner Traffic control signal APS upgrade retrofit: +/-$ 15,000 Traffic control signal APS upgrade as part of fuli traffic control signal installation: +/-$10,000 Sidewalk/Trail ADA improvement retrofit: +/- $5.00 per SF Sidewalk/Trail ADA improvement as part of adjacent capital project: +/-$3.50 per SF Bus Stop ADA improvement retrofit: +/- $400 per stop Bus Stop ADA improvement as part of adjacent capital project: +/- $250 per stop .3��k��f<��;°i�t��.�.i.. . Based on the results of the self-evaluation, the estimated costs associated with providing ADA accessibility within the entire jurisdiction is considerable. A systematic approach to providing accessibility will be taken in order to absorb the cost into the City of Richfield budget for improvements to the public right of way. Richfield ADA Transition Plan Public Rights-of-way � 2014(Dr•aft) _ _ __ _. x, ,..,., - - - �,� _ . -__.w _._�:_ . __ _ ,. . . ..,,.,.,�� :: ___;;..a ._. . _ _ __- _ _ Schedule Information Maia��enanc� �'t��sj��t Sch�tlule 1 � � =� � � a .. __ . � — �.�� —� � _ � � � a.j �� 3. �� rp � ' � � �o �) ; f a ._ �I {� � N N NI �� i +K� ' ' � _ I. �._ , .. . �.. �.... �_�,.;,;; �� a �y c.�' . .. . ��., m o.. _.Y. � � � _ ` Q' � Nj � g � �,.... _ ' � r� }� � `;, i ( , � � I � F�� L � I �, ^ _� � �� ,, � �. :.I � ... � .: 1 � N ry�f � �. 6 z� � � ' .� �.\� ' 4 (v U�d§Fr � � I .. ... � � 'F ,,._._<.�., yl� 7 '�I 1 . I _.� 4 I , � O �� ((� � ( 1 i�� ,.�: : � � : s,;�� 5,r � j � _ � I I .,. =i � - � N :'-�, 4) � - � �� - , ! � ,,.. °� ,; �� ,,;, ?..__-�__-.__ � � �� .. �� l. _' � � 3 I � __ �, o } � � { _ � I ; � � � C1 � I , ; � � _ �— m � S a ��: I ..3 n 't•• � N � (' I y -�- �� „ �: c� �`` �I-_r�'—'— a: � r� � 1 ,. �-�-� ., f � � � I`j��. � ._,` �_. � o ; � �'111�� I'� _ N � i � �`�'_��.— �;--�, _ --� �' �� . c , � � j � �-�-� , — ,:.�� ; �, � �� - _ � , � � s � �..,. — - ��; � Na � � :' _ ° - � � ! I - ., � in u7 � . ,�. .,.. � '.ti .. .., , � cGV � � .., _ , � _ � O i ....;. _ ._ - - - -- �- a` � I _ - `a --°i-- ;; ,_... , . _. - ` _ . , ��, . . - :r - .. ,. - � E £. ....��_. r . . � ' _ Richfield ADA Transrtion Plan Public Rights-of way � 2014(Draft) :r�.�.___�.,� �.__.��_.�,.�, ,T �_��-_�� . �— -- -- �' �---� �__:� .�._ , ..,_ ..�.� _ ..m_� -._. _ __�.�. _ -- _�- -- _ I� Capital Improvement Projects I, II Richfield ADA Transition Plan-Public Rights-of-way I 2014(Draft) i Appendix C - Public Outreach Public Open House-December 4, 2013 • Posted Notice on City Website/Cable • Targeted Notices Public Comment Period-December 10, 2013-January 10, 2014 Transportation Commission Presentation-February 5, 2014 Richfield ADA Transition Plan-Public Rights-of-way ( 20�4(Draft) I I i Appendix D - Contact Information �I, I ADA Title II Coordinator Name:Jesse Swenson Address: 6700 Portland Ave S, Richfield, MN 55423 I Phone: 612-861-9700 � Fax: E-mail: jswenson@cityofrichfield.org ',I Public Right of Ways ADA Implementation Coordinator Name:Jeff Pearson Address: 6700 Portland Ave S, Richfield, MN 55423 Phone: 612-861-9791 Fax: 612-861-9796 E-mail:jpearson@cityofrichfield.org Richfield ADA Transition Plan-Public Rights-of-way I 2014(Draft) Appendix E - Agency ADA ROW Design Standards and Procedures Design Procedures Intersection Corners Curb ramps or blended transitions will attempt to be constructed or upgraded to achieve compliance within all capital improvement projects. There may be limitations which make it technically infeasible for an intersection corner to achieve full accessibility within the scope of any project.Those limitations will be noted and those intersection corners will remain on the transition plan. As future projects or opportunities arise, those intersection corners shall continue to be incorporated into future work. Regardless on if full compliance can be achieved or not, each intersection corner shall be made as compliant as possible in accordance with the judgment of City staff. Sidewalks J Trails Sidewalks and trails will attempt to be constructed or upgraded to achieve compliance within all capital improvement projects. There may be limitations which make it technically infeasible for segments of sidewalks or trails to achieve full accessibility within the scope of any project. Those limitations will be noted and those segments will remain on the transition plan. As future projects or opportunities arise, those segments shall continue to be incorporated into future work. Regardless on if full compliance can be achieved or not, every sidewalk or trail shall be made as compliant as possible in accordance with the judgment of City staff. Traffic Control Signals Traffic control signals will attempt to be constructed or upgraded to achieve compliance within all capital improvement projects. There may be limitations which make it technically infeasible for individual traffic control signal locations to achieve full accessibility within the scope of any project.Those limitations will be noted and those locations will remain on the transition plan. As future projects or opportunities arise,those locations shall continue to be incorporated into future work. Regardless on if full compliance can be achieved or not, each traffic signal control location shall be made as compliant as possible in accordance with the judgment of City staff. Bus Stops Bus stops will attempt to be constructed or upgraded to achieve compliance within all capital improvement projects. There may be limitations which make it technically infeasible for individual bus stop locations to achieve full accessibility within the scope of any project.Those Richfield ADA Transition Plan-Public Rights-of-way � 2014(Draft) limitations will be noted and those locations will remain on the transition plan. As future projects or opportunities arise,those locations shall continue to be incorporated into future work. Regardless on if full compliance can be achieved or not, each bus stop location shall be made as compliant as possible in accordance with the judgment of City staff. Other Transit Facilities Additional transit facilities are present within the limits of the City of Richfield. Those facilities fall under the jurisdiction of Metro Transit. The City of Richfield will work with Metro Transit to ensure that those facilities meet all appropriate accessibility standards. Other policies,practices and programs Policies, practices and programs not identified in this document will follow the applicable ADA standards. Design Standards The City of Richfield has PROWAG, as adopted by the Minnesota Department of Transportation (MnDOT), as its design standard. A copy of this document is included in the following pages of this appendix. II Richfield ADA Transition Plan—Public Rights-of-way I 2014(Draft) Appendix F - Glossary of Terms ABA:See Architectural Barriers Act. ADA: See Americans with Disabilities Act. ADA Transition Plan: Mn/DOT's transportation system plan that identifies accessibility needs, the process to fully integrate accessibility improvements into the Statewide Transportation Improvement Program (STIP), and ensures all transportation facilities, services, programs, and activities are accessible to all individuals. ADAAG: See Americans with Disabilities Act Accessibility Guidelines. Accessible:A facility that provides access to people with disabilities using the design requirements of the ADA. Accessible Pedestrian Signa) (APS):A device that communicates information about the WALK phase in audible and vibrotactile formats. Alteration: A change to a facility in the public right-of-way that affects or could affect access, , circulation, or use.An alteration must not decrease or have the effect of decreasing the '' accessibility of a facility or an accessible connection to an adjacent building or site. Americans with Disabilities Act(ADA):The Americans with Disabilities Act; Civil rights legislation passed in 1990 and effective July 1992. The ADA sets design guidelines for ' accessibility to public facilities, including sidewalks and trails, by individuals with disabilities. , Americans with Disabilities Act Accessibility Guidelines(ADAAG): contains scoping and � technical requirements for accessibility to buildings and public facilities by individuals with ''I disabilities under the Americans with Disabilities Act (ADA) of 1990. I APS: See Accessible Pedestrian Signal. � i Architectural Barriers Act (ABA): Federal law that requires facilities designed, built, altered or leased with Federal funds to be accessible. The Architectural Barriers Act marks one of the first efforts to ensure access to the built environment. Richfield ADA Transition Plan-Public Rights-of-way ( 20�4(Draft) Capital Improvement Program (CIP):The CIP for the Transportation Department includes an annual capital budget and a five-year plan for funding the new construction and reconstruction projects on the county's transportation system. Detectable Warning:A surface feature of truncated domes, built in or applied to the walking surface to indicate an upcoming change from pedestrian to vehicular way. DOJ: See United States Department of Justice Federal Highway Administration (FHWA):A branch of the US Department of Transportation � that administers the federal-aid Highway Program, providing financial assistance to states to � construct and improve highways, urban and rural roads, and bridges. I FHWA: See Federal Highway Administration Pedestrian Access Route (PAR): A continuous and unobstructed walkway within a pedestrian circulation path that provides accessibility. Pedestrian Circulation Route(PCR): A prepared exterior or interior way of passage provided for pedestrian travel. PROWAG:An acronym for the Guidelines forAccessible Public Rights-of-Way issued in 2005 by the U. S. Access Board.This guidance addresses roadway design practices, slope, and terrain related to pedestrian access to walkways and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and other components of public rights-of-way. Right of Way: A general term denoting land, property, or interest therein, usually in a strip, acquired for the network of streets, sidewalks, and trails creating public pedestrian access within a public entity's jurisdictional limits. Section 504:The section of the Rehabilitation Act that prohibits discrimination by any program or activity conducted by the federal government. Uniform Accessibility Standards(UFAS): Accessibility standards that all federal agencies are required to meet; includes scoping and technical specifications. United States Access Board:An independent federal agency that develops and maintains design criteria for buildings and other improvements,transit vehicles,telecommunications equipment, and electronic and information technology. It also enforces accessibility standards that cover federally funded facilities. Richfield ADA Transition Plan-Public Rights-of-way I 2014(Draft) �I United States Department of Justice (DOJ):The United States Department of Justice (often referred to as the Justice Department or DOJ), is the United States federal executive department responsible for the enforcement of the law and administration of justice. Richfield ADA Transition Plan-Public Rights-of-way I 2014(Draft) Appendix F - Relevant Memos BRIEFING MEMO SUBJECT: Department of Justice/Department of Transportation Joint Technical Assistance on Title II of the Americans with Disabilities Act Requirements to Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing ISSUE: Throughout the nation,there are different interpretations and inconsistencies in enforcement of when curb ramps are required. BACKGROUND:The Americans with Disabilities Act of 1990 (ADA) is a civil rights statute prohibiting discrimination against persons with disabilities in all aspects of life, including transportation, based on regulations promulgated by the United States Department of Justice (DO1). DOJ's regulations require accessible planning, design, and construction to integrate people with disabilities into mainstream society. Further,these laws require that public entities responsible for operating and maintaining the public rights-of-way do not discriminate in their programs and activities against persons with disabilities. FHWA's ADA program implements the �� D01 regulations through delegated authority to ensure that pedestrians with disabilities have I the opportunity to use the transportation system's pedestrian facilities in an accessible and safe ��i manner. '� FHWA and DOJ met in March 2012 and March 2013 to clarify guidance on the ADA's II�, requirements for constructing curb ramps on resurfacing projects. Proiects deemed to be ' alterations must include curb ramps within the scope of the project. I � SUMMARY OF GUIDANCE CLARIFICATION:This clarification provides a single Federal policy � that identifies specific asphalt and concrete-pavement repair treatments that are considered to ' be alterations—requiring installation of curb ramps within the scope of the project—and those , that are considered to be maintenance, which do not require curb ramps at the time of the I� improvement. I, i � Richfield ADA Transition Plan-Public Rights-of-way 2014(Draft) � i '� 1 �, � � i � � � � � � � � I � � 1 c.� � �:� � I "� � ' � � � � � � � � an � Q �v � � � � nn � ° ° � � i � � �' a�n � � � � ° �v � � � � v � ,� � � ,� � r� � � � � � o � o�n� ,� .� ,� � � t�. � Q. � ,� � �, � � � a � �, �', � �' ,� '� � ,� *' r� � �, � � � � `� ta, o�i � � � s�i � � r° °°� � 1 � � � � � � o �: � +• � � ta v, ,��, � U �, � ;� o � � �+'� � � p � � cet � � U � s .s�: s.. �� 3 0 � � � � a.� +_ � � �n.�. ,� s°s 3 �. � � � ° " � ° Q �i� a 1 oc� � x° � � ¢ � aaz ca cn cs va cc. va ,--. �. � This approach clearly identifies the types of structural treatments that both DOJ and FHWA agree require curb ramps (when there is a pedestrian walkway with a prepared surface for pedestrian use and a curb, elevation, or other barrier between the street and the walkway) and furthers the goal of the ADA to provide increased accessibility to the public right-of-way for persons with disabilities. This single Federal policy will provide for increased consistency and improved enforcement. MOVING FORWARD: Divisions are expected to initiate discussions with their Partnering Agency/State to: 1) Disseminate this clarification with regard to when curb ramps are required a. States are expected to inform/assist local agencies 2) Establish a plan to implement this single Federal policy as soon as practical a. FHWA Headquarters is not providing a set deadline for all projects to comply with this policy. b. Projects that are ready for Construction Advertisement or are under contract may proceed. c. The Division should evaluate the projects in the state pavement preservation/resurfacing program and agree on projects to comply with this policy. d. The Division should work with its Partnering Agencies/States to evaluate and modify, if necessary,their existing resurfacing ADA policies to comply with this policy. Richfield ADA Transition Plan-Public Rights-of-way ( 2014(Draft) POINTS OF CONTACT: Brooke Struve, RC Safety& Design Team, CTSRC-LAK, 720-963-3270, Brooke.Struve@dot.�ov Candace Groudine, Director-External Civil Rights, HCR, 202-366-4634, Candace.Groudine@dot.�ou Robert Mooney, Pre-Construction Team Leader, HIPA, 202-366-2221, Robert.Moonev@dot.�ov AGENDA SECTION: CONSENT AGENDA ITEM# 3H REPORT# 55 STAFF REPORT � , ` ' CITY COUNCIL MEETING FEBRUARY 25, 2014 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAML,TITLE DEPARTMENT DIRECTOR REVIEW: �� SIGNATURE OTHER DEPARTMENT REVIEW: � nJ/ � � SIGNAT i' � / REVIEWED BY CITY MANAGER: , :�_��`- ITEM FOR COUNCIL CONSIDERATION: Consideration and approval of a request for a new Therapeutic Massage Enterprise license for Zhon Xing, LLC, d/b/a Comfort Massage & Spa, 6519 Nicollet Avenue South, Suite 301. I. RECOMMENDED ACTION: By Motion: Approve the request for a new Therapeutic Massage Enterprise license for Zhong Xing, LLC, d/b/a Comfort Massage & S a, 6519 Nicollet Avenue South, Suite 301. II. EXECUTIVE SUMMARY On January 08, 2014, the City received an application for a new Therapeutic Massage Enterprise license for Zhong Xing, LLC, d/b/a Comfort Massage & Spa. All required information and documents have been provided. All licensing fees have been received. III. BASIS OF RECOMMENDATION A. BACKGROUND On January 08, 2014, Zhong Xing, LLC, d/b/a Comfort Massage & Spa, 6519 Nicollet Avenue South, Suite 301, submitted an application for a new Therapeutic Massage Enterprise license. 022514 Comfort Massage&Spa New Therapeutic Massage License . The Public Safety background investigation has been completed and reveals the following: � • The applicant has paid the required licensing fees. • The required proof of liability insurance has been submitted. • All real estate and personal property taxes due and payable for the premises have been paid. • Comfort Massage & Spa is located at 6519 Nicollet Avenue South, 3rd floor, Suite 301 at the Shoppes of Richfield. • The business is owned by Zhan Wang. He also submitted a Therapeutic Massage Therapist License application. He will be the only massage therapist at Comfort Massage & Spa. He has no known criminal history. He also currently owns a Comfort Massage & Spa in Crystal, MN. • Zhan Wang is in good standing and a certified member of the Associated Bodywork and Massage Professionals (ABMP). B. POLICY • The applicant has complied with all the provisions of the application process, has paid all the licensing fees, and has provided proof of liability insurance. • Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the license request. C. CRITICAL TIMING ISSUES • None D. FnvarrclaL • All licensing fees have been paid. E. LEGAL • None F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S� • Deny the request for the Therapeutic Massage Enterprise license for Comfort Massage and Spa; however, the Public Safety Department has not found any basis for denial. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Zhan Wang, Owner AGENDA SECTION: CONSENT AGENDA ITEM# 3I REPORT# 56 STAFF REPORT I r r CITY COUNCIL MEETING FEBRUARY 2 5, Z 014 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAMG,TITLE DEPARTMENT DIRECTOR REVIEW: � r � ''� • �� / r , SIGN %aE OTHER DEPARTMENT REVIEW: � _ ;/ S�Grv ec ; i REVIEWED BY CITY MANAGER: � �" - f ITEM FOR COUNCIL CONSIDERATION: Consideration of Contract Change Order#1 for the Richfield Ice Arena —2013 Locker Room Addition Project in the amount of$31,225.00. I. RECOMMENDED ACTION: By Motion: Approve Contract Change Order #1 for the Richfield Ice Arena — 2013 Locker Room Addition Project in the amount of $31,225.00. II. EXECUTIVE SUMMARY The City of Richfield authorized a contact with Derau Construction Inc. on November 12, 2014 for the construction of a locker room addition to the Richfield Ice Arena. Staff is recommending Council to approve Contract Change Order#1. Change Order#1 consists of three items as follows: 1) Fire Alarm Connections $3,211.00 2) Roof Penetration and Flashing $1,868.00 3) Soils Correction and Slab Reinforcement 26 146.00 Total Change Order#1 $31,225.00 0510change orders III. BASIS OF RECOMMENDATION A. BACKGROUND • In Items in Change Order#1 include: GCPR#1 —This item included costs to connect new fire alarm connections from the old `Radionics' fire alarm panel to the newer `Simplex Grinneli' panel. GCPR#2 —This item included costs to provide roof penetration and flashing for three existing columns through the new locker room roof, not shown in contract document drawings. GCPR#3 —The work was required due to the actual soil conditions differing from conditions notes in the construction plans. The costs include installing flowable fill beneath the footings and foundation walls, and increased slab thickness � and rebar to span between the walls for support. B. PoLICY • In Under the City's Purchasing and Spending Authority Policy, all contracts greater than $100,000 must be approved by the City Council. With Change Order#1 the new contract amount with Derau Construction is $542,125 and thus requires Council approval according to City policy. C. CRITICAL TIMING ISSUES • None D. FnvaNClaL • The construction budget for the project is as follows: Derau Contract $510,900 Construction Contingency (5% $25,545 Architectural & Engineering $35,000 Reimbursables $2,000 Soil Survey $2,000 SACM/AC $15,000 Health Department Inspections Fee $500 Bid & Printing $2,500 Construction Testing $2,000 Special Structural Inspections $2,000 Fees & Testing Contingency 9 000 Total Project Budget $606,445 • Although the amount of Change Order#1 exceeds the construction contingency, other items in the budget are expected to be much less than anticipated. As an example, the actual SAC/WAC charges for the project are only $4,570, which is $10,430 less than anticipated. Given the savings on this item and other items in the budget thus far, it is reasonable to expect the project is still within budget at this stage of construction. E. LEGAL � • NA F. ENVIRONMENTAL CONSIDERATIONS • NA IV. ALTERNATIVE RECOMMENDATION(S� • None V. ATTACHMENTS • AIA Document G701 —2001 CHANGE ORDER, dated February 5, 2014. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None � TM ==-.== Document G101 - 200� � Changte �rder PROJECT(N�rme and addr�ess): GHANGE QRDERflUMBER:One(l) QWNER:❑ I2lchfield ice Arena-2013 Locker Room DATE:February 5,2Q14 ARCHtTECT;❑ Addition 636 East 66th Street CONTRACTOR:� Richfielc�Minnesota 5542� I Tt3 CONTRACTflR(Name and�rcldress): ARGHITECT'S PROJECT NUMBER;132178 FtELD;❑ Darau Construction CONTRACT DATE;November t3,2013 OTHER:❑ IU61 East CliffRoad CONTRACT FOR:General Construction Burnsville,.Minnesota 55337 THE CONTRACT iS CiiANGED AS:FOLL(3WS: �Inelude,,where applicuble,any ut�disputed amount attributable to previously executed Construction Change Directives) �CPR#1 . Add $ 3,211.00 _ GCPR#2 Add $ 1,868.00 GCPR#3R Add $26,146,00 TOT.AL GF�TANCrE flRDER NO. 1 Add $31,225.OU The origin�al Contract Sum was $ 510,900,00 The n�i change by previously authorized Change Orders $ 0.00 The Contract Sum priar ta this Change Order was $ 510,900.00 The Cantract Sum will be increesed by this Change Order in the amount of $ 31,225.00 The new Coniract Sum including this Change Order will be � 542,125.00 The Con�cac,�t Time will be increased by Zero{0)days. The date af SubsCantial Comptetion as of the date of this Changs Order therefore is March 28,2014 NOTE;This Change Order does not include changes in the Conhact Sum,Contract Time:or Guaranteed Maximum Price which have been suthorized by Construction Change Directive untii the cost and time have been agreed upon by both the Owner and Contraotcar,in which case a Change qrder is executed to supersede the Construction Change Directive. NOT V,4UD UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. VJold Architeccs and Engineers Derau Construction City of Richfield ARCHITEGT(Firm name) CONTRACTOR(Firm name) OWNER(Firm»ame) 305 Saint Peter Street 106:1 East C1iffRoad 6700 Portland Avenue South SainEPaul,Minnesota S51'02 Burnsville,Minnesota 55337 Richfieid,Minnesota 55423 A� ESS ADDRESS ADDRESS BY(Signat re) BY(Signature) BY(Signature) �!/CN� Kl.�SS (TYPed tzqme), (7'yPed name) lT)'Ped name) DATE DATE DATE AIA DocumentG701"'—2007,Copyright�1979,1987,2000 and 2001 by The American Institute of Architects.All rights reaerved.WARNlNG:Thls,4FA� Dacument is protected by U.S.Copyrlght Law and InternaUonai Treaties.Unautho�ized reproduct(on or distribution of this AIA�Document,or any � po�tion ofiG may result in severe civfi and crimtnal penalNes,and will be prosecuted3o the maximum extentpossibie undertheiaw.This<documentwas produced 6y AlA sofiware at 11:21:18 on 02/oS/2014 under Order No:5509786B78 1 which expires on 01/2q/2015,antl is not for resate. User Note�: {1147556420) AGENDA SECTICN: PUB. HEARING AGENDA TTEM#, � REPORT.# �� STAFF REPORT '� f ��' � ' ` '� CITY COUNCIL MEETING FEBRUARY 25, 2014 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NaNtc,Tir�c - �F _ DEPARTMENT DIRECTOR REVIEW: SIGNATURE OTHER DEPARTMENT REVIEW: � N��t / SIGNATURE � � � / j� / REVIEWED BY CITY MANAGER: �`� ��' ��" � , � ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of transitory ordinance providing funding for certain capital improvements from the Special Revenue Fund. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve second reading of the transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements. IL EXECUTIVE SUMMARY As part of the Capital Improvement Budget and annual City Budget process, certain special revenue funds are allocated each year to fund capital projects identified through the budget process. The source of the special revenue funds are profits derived from the City's Liquor Store operation. These profits are transferred to the Liquor Contribution Special Revenue Fund. Before the funds within the Special Revenue Fund can be used for the identified capital projects, the City Charter requires that a transitory ordinance be used to authorize the expenditure of the funds. In addition, the ordinance process allows for public input through a public hearing. The proposed funding for 2014 totals $450,000 and encompasses several park and recreation related projects. Finally, staff is recommending a redirection of funds from a few of the projects approved in the 2013 transitory ordinance process. The changes have come about due to a higher priority of needs being determined subsequent to the ordinance process by the Community Services Commission. III. BASIS OF RECOMMENDATION A. BACKGROUND • At the December 10, 2013 City Council meeting, the City Council authorized ', $450,000 of Special Revenue Funds for improvements to several City capital I improvements in 2014. • Included in the $450,000 are: • $50,000 for Major Park Maintenance Projects • $28,600 Lincoln Field Internal Loan Repayment • $60,000 Taft Lake Fishery • $10,000 Community Garden Relocation • $65,000 Taft Athletic Facility Lighting & Improvements • $47,400 Vets Park Play Equipment Replacement • $14,000 Wood Lake Nature Center Boardwalk Repair • $175,000 Wood Lake Nature Center Parking Lot Reconstruction • Subsequent to the December 10, 2013 City Council meeting, it was determined that there has been adequate funding provided for the Taft Lake Fishery in 2012 ($33,600) and 2013 ($30,000) for a total of$63,600. Therefore staff is recommending that the 2014 budgeted amount of$60,000 for the Taft Lake Fishery be redirected towards the Vets Park Play Equipment Replacement Budget. • At the January 28, 2014 City Council meeting, the City Council approved the first reading of the transitory ordinance with the recommended change for the proposed funding and projects for 2014. The planned expenditures subsequent to the change are as follows: • $50,000 for Major Park Maintenance Projects • $28,600 Lincoln Field Internal Loan Repayment • $10,000 Community Garden Relocation • $65,000 Taft Athletic Facility Lighting & Improvements • $107,400 Vets Park Play Equipment Replacement • $14,000 Wood Lake Nature Center Boardwalk Repair • $175,000 Wood Lake Nature Center Parking Lot Reconstruction • In 2013, $450,000 of Special Revenue Funds was approved through a transitory ordinance process for certain capital improvements within the City. Approximately $60,000 of those funds were not spent in 2013, $40,000 of Park Maintenance funds and $20,000 for the purchase of a Pool Floatable play feature for the Swimming Pool operation. These funds were not spent due to a higher priority of needs being determined subsequent to the ordinance process. • Therefore, staff is recommending that $40,000 of the unspent 2013 Park Maintenance funds be redirected to improvements needed at the Ice Arena operation. The Ice Arena is required to install Bleacher Railings in Rink 1 and the estimated cost to complete is $40,000. • Staff is also recommending that the $20,000 originally budgeted for the Pool Floatable be redirected to the Vets Park Play Equipment Replacement Budget. This would bring the total of available funds for this improvement to $127,400 ($47,400 + 60,000 + 20,000). • At the January 28, 2014 City Council meeting, the City Council approved the first reading of the transitory ordinance with the recommended changes to the 2013 transitory ordinance/special revenue funding process. • The 2014 Capital Improvement Budget also provides for expenditures for all types of funds contained in the budget including municipal state aid, user fees, federal grants and state grants. • Authorization by ordinance is not required for expenditures other than Special Revenues. B. PoLICY I • City Charter Section 7.12, Subd. 2 requires that Special Revenue Funds '' used for capital improvements must be authorized by ordinance. • This process provides for public input through a public hearing. C. CRITICAL TIMING ISSUES • Under Section 3.09 of the City Charter, a transitory ordinance becomes effective 30 days after publication of the second hearing notice. • The ordinance requirements must be completed early enough in 2014 so that the capital projects can be initiated on a timely basis, completed and the funds expended. D. FINANCIAL • While the total 2014 Capital Improvements Budget (CIB) includes total budgeted expenditures of$3,527,500 the portion of CIB concerning proposed funding from the Special Revenue fund is $450,000. Major Park Maintenance Projects 50,000 Lincoln Field Internal Loan Repayment 28,600 Community Garden Relocation 10,000 Taft Athletic Facility Lighting & Improvements 65,000 Vets Park Play Equipment Replacement 107,400 Wood Lake Nature Center Boardwalk Repair 14,000 Wood Lake Nature Center Parking Lot Recon. 175,000 • In addition, the following changes are recommended with regards to 2013 Special Revenue funding: • Unexpended Park Maintenance Project Special Revenue Funds to Bleacher Railings Ice Arena Rink 1: Bleacher Railings Ice Arena Rink 1 $40,000 • Unexpended Pool Floatable Special Revenue Funds to Vets Park Play Equipment Replacement. Vets Park Play Equipment Replacement $20,000 • A transitory ordinance is necessary to finalize these appropriations pursuant to City Charter. • The source of Special Revenue funds is municipal liquor profits. E. LEGAL • First reading of the ordinance was approved at the January 28, 2014 City Council meeting and a notice of the public hearing was published on February 13, 2014. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S� • The City Council could postpone the first reading of the transitory ordinance to a future City Council meeting. • The City Council could decide to authorize none or only a portion of the expenditures identified from special revenue in the CIB. V. ATTACHMENTS • An ordinance providing for the expenditure of money from the Speciat Revenue Fund for certain capital improvements. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. ,I I I I BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS CITY OF RICHFIELD DOES ORDAIN: Section 1: It is found and determined to be necessary and expedient for the City to expend money from the Special Revenue Fund for the making of capital improvements listed in Section 2 hereof, for which the City would be authorized to issue general obligation bonds. Section 2: The capital improvements and amounts of expenditures for such improvements which are authorized to be paid from the Special Revenue Fund under Section 7.12, Subdivision 2 of the City Charter, are as follows: Major Park Maintenance Projects $ 50,000 Lincoln Field Internal Loan Repayment $ 28,600 Community Garden Relocation $ 10,000 Taft Athletic Facility Lighting & Improvements $ 65,000 Vets Park Play Equipment Replacement $ 107,400 Wood Lake Nature Center Boardwalk Repair $ 14,000 Wood Lake Nature Center Parking Lot Reconstruction $ 175,000 Section 3: Unexpended Park Maintenance Special Revenue Funds from 2013 shall be transferred to the Bleacher Railings Ice Arena Rink 1 project as follows: Bleacher Railing Ice Arena Rink 1 $ 40,000 Section 4: Unexpended Pool Floatable Special Revenue Funds from 2013 shall be transferred to Vets Park Play Equipment Replacement project as follows: Vets Park Play Equipment Replacement $ 20,000 Section 5: The expenditures herein authorized shall be made pursuant to such contracts as are authorized from time to time by Council action. Passed by the City Council of the City of Richfield this 25t" day of February, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: PUB.HEARING. AGENDA ITEM# 6 REPORT# Sg ' STAFF REPORT e�' r '' CITY COUNCIL MEETING FEBRUARY 25, 2014 REPORT PREPARED BY: JOHN STARK, COMMUNITY DEVELOP ENT DIRECTOR NAME,TIT/C DEPARTMENT DIRECTOR REVIEW: � S/GNAT OTHER DEPARTMENT REVIEW: � - - r� SICNATU � '�' . / �= REVIEWED BY CITY MANAGER: / ITEM FOR COUNCIL CONSIDERATION: Conduct a Public Hearing for the Consideration of a Resolution Adopting a Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area, Establishing 2014-1 Tax Increment Financing District (City Garage Site) Therein and Adopting a Tax Increment Financin Plan Therefor. I. RECOMMENDED ACTION: Conduct and Close a Public Hearing and By Motion: Adopt a Resolution Adopting a Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area, Establishing 2014-1 Tax Increment Financing District (City Garage Site) Therein and Adopting a Tax Increment Financin Plan Therefor. II. EXECUTIVE SUMMARY Staff has recommended the creation of a Tax Increment Financing (TIF) District on the 7600 block between Pleasant and Pillsbury Avenues as well as the south portion of the former City Garage site at 7700 Pillsbury Avenue (see map on page 4 of the attached TIF Plan Summary). The only privately owned property (a residen#ial house) located on the block has been excluded from the proposed TIF District. The purpose of this TIF District would be to clear the site of vacant and substandard buildings owned by the City and the Housing and Redevelopment 02252014 2014-1 (City Garage)TIF Districtxxx Authority (HRA) (the former Gleason's Mortuary and former City Garage buildings) and to prepare the site for redevelopment. On January 14, 2014 the Richfield City Council approved holding a Public Hearing on February 25, 2014 for consideration of establishing a TIF District for the former City Garage and Gleason's Mortuary sites. That action was the first taken by public bodies in Richfield relating to the establishment of this TIF District. Since that time, both the City Council and HRA have passed resolutions approving the demolition of buildings and confirming that the buildings in the proposed TIF District are substandard as well as adopting resolutions for the creation of an interfund loan for lending the TIF District funds to demolish the buildings. The Planning Commission also took action on January 27, 2014 with a finding that the proposed TIF Plan is in compliance with the City's Comprehensive Plan. On February 18, 2014 the Richfield HRA unanimously adopted a similar Resolution to approve a Modification to the Richfield Redevelopment Project Area Redevelopment Plan and to Establish the 2014-1 Tax Increment Financing District (City Garage Site) and its Plan. The TIF Plan estimates the generation and use of up to $3,152,400 (net present value) of Tax Increment (see page 2 of the attached TIF Plan Summary). This amount is estimated to be the maximum TIF that could be generated on the site and is included in the TIF Plan to give the City and HRA the greatest flexibility in the future generation and use of tax increment. The TIF Plan does not commit the City or HRA to pledge any amount of TIF to a future developer of the site. In the future, the City and/or HRA could elect to enter into a Redevelopment Agreement with a developer that would possibly pledge a portion of the available tax increment to that developer for qualified redevelopment costs. III. BASIS OF RECOMMENDATION A. BACKGROUND • The buildings on this site are hazardous and should be demolished in the interest of public safety. • The costs of demolition, environmental remediation and other "TIF Qualified Expenses" could be reimbursed by future tax increment funds if a TIF District is established. B. POLICY • The City Council must take action to approve a Modification to the Richfield Redevelopment Project Area Redevelopment Plan and to Establish the 2014-1 Tax Increment Financing District (City Garage Site) and its Plan. • The Richfield HRA adopted a similar Resolution by unanimous vote on February 18, 2014. G C�TICAL TIM�vG ISSUES • A legal publication has been posted.as required for the Public Hearing to occur on February 25, 2014. D. FINANCIAL • The only immediate costs associated with this proposed TIF District would be the pledge to use TIF funds to reimburse an InterFund Loan from the City in an amount of up to $300,000 for environmental and demolition costs plus using TIF funds to reimburse consulting, legal and other administrative costs expended on creating the TIF District. E. LEGAL • Legal Counsel from the City's legal firm, Kennedy & Graven, has been involved in every step of this process and has reviewed the attached resolution. F. ENVIIZONMENTAL CONSIDERATIONS • Among the purposed of establishing this proposed TIF District would be to reimburse funds necessary to conduct environmental remediation of the buildings on the site. IV. ALTERNATIVE RECOMMENDATION�S� • Defer consideration of the attached Resolution to seek further information and either hold and close the public hearing and continue consideration of the item to a later date or continue the public hearing to a later date. • Do not approve the attached resolution and direct staff to identify alternate funding sources for the demolition and environmental abatement of publicly owned properties on the site. V. ATTACHMENTS • Resolution • A summary of the TIF Plan. • A Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area, Establishing 2014-1 Tax Increment Financing District (City Garage Site) Therein and Adopting a Tax Increment Financing Plan Therefor. VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • Rebecca Kurtz, Ehlers & Associates CITY OF RICHFIELD HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. I RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT I PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA AND ESTABLISHING THE 2014-1 TAX INCREMENT FINANCING DISTRICT (CITY GARAGE SITE)THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. � BE IT RESOLVED by the City Council (the"Council")of the City of Richfield,Minnesota(the "City"), as follows: Section 1. Recitals 1.01. The Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Richfield(the "HRA")has heretofore established the Richfield Redevelopment Project Area and adopted a Redevelopment Plan therefor. It has been proposed by the HRA and the City that the City adopt a Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area(the "Redevelopment Plan Modification")and establish the 2014-1 Tax Increment Financing District(City Garage Site)(the "District")therein and adopt a Tax Increment Financing Plan(the "TIF Plan")therefor (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the "Plans"); all pursuant to and in conformity with applicable law, including Minnesota Statutes,Sections 469.001 to 469.047 and Sections 469.174 to 469.1794,all inclusive, as amended, (the "Act")all as reflected in the Plans, and presented for the Council's consideration. 1.02. The IIRA and City have investigated the facts relating to the Plans and have caused the Plans to be prepared. 1.03. The HRA and City have performed all actions required by law to be performed prior to the modification of the Redevelopment Plan and the establishment of the District and the adoption and approval of the proposed Plans, including,but not limited to,notification of Hennepin County and Independent School District No. 280, a review of and written comment on the Plans by the City Planning Commission, approval of the Plans by the IIRA on February 18, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports(the"Reports")relating to the Plans and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and made a part of the City files and proceedings on the Plans. The Reports, including the redevelopment qualifications report, include data, information and/or substantiation constituting or relating to the basis for the other findings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports,which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. 1.05 The City is not modifying the boundaries of Richfield Redevelopment Project Area,but is however,modifying the Redevelopment Plan therefor. 1.06. On the date hereof,the City Council held a duly-noticed pubhc hearmg regardmg the creation of the District and the adoption of the Plans. Section 2. Findin�s for the Adoption and A�roval of the Redevelopment Plan Modification. 2.01. The Council approves the Redevelopment Plan Modification, and specifically finds that: (a)the land within the Project area would not be available for redevelopment without the financial aid to be sought under this Redevelopment Plan; (b)the Redevelopment Plan, as modified,will afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Project by private enterprise; and(c)that the Redevelopment Plan, as modified, conforms to the general plan for the development of the City as a whole. Section 3. Findin�s for the Establishment of the 2014-1 Tax Increment Financing District(Citv Gara e� Site) 3.01. The Council hereby finds that the District is in the public interest and is a "redevelopment district" under Minnesota Statutes, Section 469,174, Subd. 10 of the Act,based on the Reports and the findings set forth in the TIF Plan. 3.02. The Council further finds that the propbsed redevelopment would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the Tax Increment Financing Plan,that the Plans conform to the general plan for the development or redevelopment of the City as a whole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 3.03. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 3.04. The Richfield Housing and Redevelopment Authority elects to calculate�scal disparities for the District in accordance with Minnesota Statutes, Section 469.177, Subd. 3,clause b,which means the fiscal disparities contribution would be taken from inside the District. 3.5. The reasons and facts supporting the findings set forth in this resolution are further stated in the Plans, which are incorporated herein by reference. Section 4. Public Purpose 4.01. The adoption of the Plans conforms in all respects to the requirements of the Act and will help fulfill a need to redevelop an area of the City which is already built up,to improve the tax base and to improve the general economy of the State and the City, and thereby serves a public purpose. For the reasons described in E�ibit A,the City believes these benefits directly derive from the tax increment assistance provided under the TIF Plan. A private developer will receive only the assistance needed to make this redevelopment financially feasible. As such, any private benefits received by a developer are incidental and do not outweigh the primary public benefits. Section 5. Apnroval and Adoption of the Plans 5.01. The Plans, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved,ratified, established,and adopted and shall be placed on file in the office of the Community Development Director. 5.02. The staff of the City,the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions,documents and contracts necessary for this purpose. 5.03 The Auditor of Hennepin County is requested to certify the original net tax capacity of the District, as described in the Plans, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the Richfield Housing and Redevelopment Authority is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify,together with a list of all properties within the District,for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.04. The Community Development Director is further authorized and directed to file a copy of the Plans with the Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. , The motion for the adoption of the foregoing resolution was duly seconded by Council member , and upon a vote being taken thereon,the following voted in favor thereo£ and the following voted against the same: Dated: February 25, 2014 ATTEST: Debbie Goetel,Mayor John Stark, Community Development Director (Seal) EXHIBIT A RESOLUTION NO. The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan (TIF Plan) for 2014-1 Tax Increment Financing District(City Garage Site)(District), as required by Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that 2014-1 Tax Increment Financing District(City Garage Site) is a redevelopment district as defined in M.S., Section 469.174, Subd. 10. The District consists of five parcels, with plans to redevelop the area for rental housing purposes. At least 70 percent of the area of the parcels in the District are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures and more than 50 percent of the buildings in the District, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance. (See Appendix F of the TIF Plan for a report supporting these findings.) 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result fi•om the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan, The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the redevelopment proposed in the TIF Plan meets the City's objectives for redevelopment. Due to the high cost of redevelopment on the parcels currently occupied by substandard buildings,the limited amount of property for development and expansion adjacent to the existing project,the incompatible land uses at close proximity,and the cost of financing the proposed improvements, this project is feasible only through assistance, in part, from tax increment financing. The City and HRA will use a portion of the taac increment to pay for demolition and clean-up costs on the site. A developer for the site has not been selected; however, prior to providing assistance the developer will be required to provide a letter and a proforma as justification that the developer needs tax increment assistance to be able to redevelop the site. The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the DistNict permitted by the TIF Plan: This finding is justified on the grounds that the cost of a clean and developable site adds significant costs to the cost of redeveloping the property within the District. Demolition of existing substandard buildings and environmental clean- up costs are estimated at $300,000. The City anticipates expenses related to clean-up of contaminated soils and asbestos abatement, based on the previous use of the site and the petroleum products stored on the site. In addition,the City anticipates the area to be developed as multi-family housing, and based on previous development analysis, the projected rents will be too low to support market rate rents. Historically, site costs in this area have made redevelopment infeasible without tax increment assistance. This site has been marketed for over nine years and been considered by several potential developers, but has not been able to be redeveloped. The City and HRA will use tax increment to demolish the substandard buildings and clean-up the site. The City reasonably d velo ment is antici ated on this site without assistance being provided determines that no other re e p p to the development. � Therefore,the City concludes as follows: a. The City's estimate of the amount by which the market value of the entire District will increase without the use of ta�c increment financing is$0. b. If the proposed development occurs, the total increase in market value will be $13,727,747 (see Appendix D and G of the TIF Plan) c. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $4,549,031 (see Appendix D and G of the TIF Plan). d. Even if some development other than the proposed development were to occur,the Council finds that no alternative would occur that would produce a market value increase greater than $9,178,716 (the amount in clause b less the amount in clause c) without taa� increment assistance. 3. Finding that the TIF Plan for the District conforms to the general plan for the development or redevelopment of the municipality as a whole. The Planning Commission reviewed the TIF Plan and found that the TIF Plan conforms to the general development plan of the City. 4. Finding that the TIF Plan for the District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Richfield Redevelopment P�oject Area by private enterprise. The project to be assisted with Tax Increment from the District will result in the renovation of substandard properties and increased tax base of the State and City. In addition, through the implementation of the TIF Plan, the HRA or City will increase the availability of safe and decent multi-family housing in the City. Tax Increment Financing District Overview City of Richfield 2014-1 Tax Increment Financing District (City Garage Site) The following summary contains an overview of the basic elements of the Tax Increment Financing Plan for the 2014-1 Tax Increment Financing District(City Garage Site). More detailed information on each of these topics can be found in the complete Tax Increment Financing Plan. Proposed action: ➢ Establishment of the 2014-1 Tax Increment Financing District (City Garage Site)(District)and the adoption of a Tax Increment Financing Plan (TIF Plan). ➢ Modification to the Redevelopment Plan for the Richfield Redevelopment Project includes the establishment of the 2014-1 Tax Increment Financing District (City Garage Site), which represents a continuation of the goals and objectives set forth in the Redevelopment Plan for the Richfield Redevelopment Project. Type of TIF District: A redevelopment district Parcel Numbers: 34-028-24-34-0070 34-028-24-34-0049 34-028-24-34-0067 34-028-24-34-0072 _ 34-028-24-34-0073 Right-of-way Proposed The District is being created to facilitate the construction of a multi-phase, Development: affordable, rental housing development in the City. Please see Appendix A of the TIF Plan for a more detailed project description. Maximum duration: The duration of the District will be 25 years from the date of receipt of the first increment(26 years of increment). The City elects to receive the first tax increment in 2018. It is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after December 31, 2042, or when the TIF Plan is satisfied. Estimated annual tax Up to $585,146 increment: EHLERS LEADERS IN PUBLIC FINANCE Authorized uses: The TIF Plan contains a budget that authorizes the maximum amount that ' may be expended: , ' Land/Building Acquisition.................................................$2,000,000 Site Improvements/Preparation...................................:.........$750,000 Other Qualifying Improvements........................................$2,380,805 Administrative Costs(up to 10%)...................................... 1 O51 415 PROJECT COSTS TOTAL...............................................$1,234,400 Interest................................................................................$1,918,000 PROJECT COSTS TOTAL............................................�3,152„400 See Subsection 2-10, on page 2-6 of the TIF Plan for the full budget authorization. Form of financing: The project is proposed to be financed by a pay-as-you-go note. Administrative fee: Up to 10% of annual increment, if costs are justified. Interfund Loan If the City wants to pay for administrative expenditures from a tax increment Requirement: fund, it is recommended that a resolution authorizing a loan from another fund be passed PRIOR to the issuance of the check. 4 Year Activity Rule After four years from the date of certification of the District one of the (�'469176 Subd. 6) following activities must have been commenced on each parcel in the District: • Demolition • Rehabilitation • Renovation • Other site preparation (not including utility services such as sewer and water) If the activity has not been started by approximately February 2018, no additional tax increment may be taken from that parcel until the commencement of a qualifying activity. 5 Year Rule Within 5 years of certification revenues derived from tax increments must be (�469.1763 Subd. 3) expended or obligated to be expended. Any obligations in the District made after approximately February 2019, will not be eligible for repayment from tax increments. The reasons and facts supporting the findings for the adoption of the TIF Plan for the District, as required pursuant to M.S., Section 469.175, Subd. 3, are included in Exhibit A of the City resolution. Page 2 EHLERS LEADERS IN PUBLIC FINANCE MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AND THE 2014-1 TAX 1NCREMENT FINANCING DISTRICT(CITY GARAGE SITE) Ricl�tizld Recle�relc��il��i�t� �'rti�j�ct_��e�� Tlie 2�J]-I-1 Ti�Increiue��t Financuig Llrstri��t i;C'in C=�,�aRe�itej � ` _ k } 4 s ; { � � � x � . .. - N Y s�� ` �. . > . _ o � . S � . ,, . rardS xs . . ., _ . . F �ffh , , d .. - _ R _ F -'f ' um �awn.,�, . t:f a ,.�wv. 1 1�- .... a` — � � 1��Er�e��"i � . , ) r - �- F �E �-�f� -� �f r�I#�H" �lF"�i-�� r �. 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AGENI�A ITEiVI# � REPORT# 59 STAFF REPORT ; �' � `' CITY COUNCIL MEETING FEBRUARY 25, 2014 REPORT PREPARED BY: JULIE URBAN/K�1TE AITCHISON, HOUSING SPECIALISTS E,T/TLE ACTING DEPARTMENT DIRECTOR --__� REVIEW: S/GNATURE OTHER DEPARTMENT REVIEW: � �, I U� � \ � � , SIGNAT REVIEWED BY CITY MANAGER: � i; ,%' �� / � ITEM FOR COUNCIL CONSIDERATION: Public hearing and consideration of a resolution specifying the use of funds from the Community Development Block Grant allocation for 2014 and opening of the written public comment eriod re ardin the re ro rammin of funds from the 2013 allocation. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: 1. Approve a resolution authorizing the use of funds for the 2014 Urban Hennepin County Community Development Block Grant Program and authorizing execution of a Subrecipient Agreement with Hennepin County and any required third party agreements. 2. Open a 30-day written public comment period on the reprogramming of 2013 Urban Hennepin County Community Development Block Grant Program funds from the New Home Acquisition Program to the Penn Avenue Fa�ade Improvement Pro ram and Deferred Loan Pro ram. II. EXECUTIVE SUMMARY Hennepin County (County) is annually awarded Community Development Block Grant (CDBG) funding on a formula basis from the federal Department of Housing 02252014-CDBG.docxxxx and Urban Development (HUD). Richfield is allocated a portion of these funds to address local needs relating to affordable housing, community development and public services. The City is proposing to use its 2014 allocation of$201,637 (estimated) as follows: Deferred Loan Rehabilitation Program $110,901 Penn Avenue Fa�ade Improvement Program $60,491 Public Services Household Outside Maintenance for Elderly $18,098 Homeline Tenant Services $6,147 Community Action Partnership for Suburban Hennepin $6,000 In addition, the City is proposing to reprogram $98,000 of the City's 2013 allocation as follows: Activitv Approved Proposed Budaet Budqet New Home Acquisition Program $98,000 $0 Deferred Loan Rehabilitation Program $73,392 $110,901 Penn Avenue Farade Improvement Program $0 $60,491 Public Services � $30,245 $30,245 The reprogramming proposes to fund the Penn Avenue Fa�ade Improvement Program, which is a new activity. Under CDBG guidelines, funding a new activity requires a 30-day written comment period. Written comments on the proposed reprogramming will be accepted by the Community Development Department through March 27, 2014. III. BASIS OF RECOMMENDATION A. BACKGROUND • The City can use up to 15 percent ($30,245) of its CDBG allocation to fund eligible public services. The following service organizations have been funding recipients in the past and have requested funds totaling ' $30,245 for 2014. • Household Outside Maintenance for Elderly (H.O.M.E.) H.O.M.E. provides household maintenance and chore services for residents who are 60 years old or older or are disabled, with the goal of helping people stay in their homes. Clients are asked to pay for services based on a sliding fee scale. In 2013, HOME provided services to 103 Richfield households. • HOME Line HOME Line offers a Tenant Hotline that provides information and advice on tenant/landlord law and court procedures, maintenance/repair issues, management responsibilities, and tenant rights in the event of foreclosure. In 2013, HOME Line provided services to 159 Richfield households. • Community Action Partnership for Suburban Hennepin (CAPSH) CAPSH provides foreclosure prevention counseling and loan assistance, first-time homebuyer education and counseling, financial literacy and budget counseling, reverse mortgage counseling, and home repair and maintenance counseling and education. In 2013, CAPSH provided services to 43 Richfield households. • $60,491 is proposed to be allocated to the Housing and Redevelopment Authority (HRA) for a Penn Avenue Fa�ade Improvement Program. The program would provide a 10-year deferred � loan of up to 20% of the eligible project costs (maximum of$25,000) i to property owners who make exterior improvements to their building. • $110,901 is proposed to be allocated to the HRA for the Deferred Loan program, which provides no-interest, 30-year loans up to $30,000 to low-income homeowners to address health, safety and property maintenance needs. This program has been in existence since 1984 and has been administered for the City by the County since 2006. In 2013, three loans were completed and work began on an additional five loans. There is currently a waiting list for this program. • In 2013, the City allocated $98,000 of its 2013 CDBG award to the HRA for the acquisition of property to be developed for future affordable single-family housing through the New Home Program. Funds were allocated to this activity over the past several years when there were a significant number of foreclosed and substandard properties available on the market. As the housing market has recovered, the number of available properties has declined. In addition, the HRA currently has several lots available for new construction of affordable single-family housing (four purchased with CDBG funds). Due to these two factors, these funds are proposed to be reallocated as follows: $37,509 to the Deferred Loan Program and $60,491 to a new activity: the Penn Avenue Fa�ade Improvement Program. B. PoLicY • The allocation of federal CDBG funds is an annual activity. • At least 70 percent of CDBG expenditures must be used for activities benefitting very low and low income persons. • All funded activities must meet one of three national objectives: benefitting low and moderate-income persons, preventing or eliminating slums and/or blight, or meet an urgent need. In addition, activities must be consistent with priorities identified in the County's Consolidated Plan. Those priorities include a variety of housing activities such as housing rehabilitation, public services to maintain or increase self-sufficiency, and neighborhood revitalization activities. • Applications for the public service portion of the funding were distributed to eligible public service agencies. Funds were divided among the agencies requesting funding. C. C�TICAL TIM�G ISSUES . A local public hearing must be held prior to submission of the 2014 application. . The application for 2014 funds is due to Hennepin County by February 27, 2014. . The 2014 Fiscal Yearwill begin on July 1, 2014. Recipients have 18 months in which to expend the funds. . The Penn Avenue Fa�ade Improvement Program is a new activity, and the reprogramming of 2013 funds to a new activity requires a 30- day comment period, according to CDBG guidelines. Written comments can be issued to the Community Development Department between February 25 and March 27, 2014. . Final consideration of the reprogramming of 2013 funds to a new activity will be scheduled for the Council meeting on April 8, 2014. D. FlrraNClaL . The City's estimated allocation for 2014 is $201,637. This is a preliminary figure provided by Hennepin County based on last year's allocation and is subject to change. . Under the CDBG funding guidelines, no more than 15 percent ($30,245) of the allocation can be spent on Public Services. . Under the CDBG funding guidelines, at least 70 percent ($141,146) of the CDBG allocation must be spent on activities benefitting very low , and low-income persons. the amount of funds � . In the event of a change in the final allocation, 'i allocated to each activity will be increased or decreased proportionally, within the limits allowed by CDBG guidelines. E. LEGAL . A notice of the public hearing was published on February 13, 2014, in the Sun Current. . CDBG guidelines require a 30-day written comment period to reprogram 2013 funds to a new activity. Information on the public comment period will be posted in the Municipal Center. F. ENVIRONMENTAL CONSIDERATIONS . N/A IV. ALTERNATIVE RECOMMENDATION(S� . Modify the amount of funds allocated to each project in a way that still meets funding guidelines. V. ATTACHMENTS . Resolution authorizing use of funds for 2014 Vj, PRINCIPAL PARTIES EXPECTED AT MEETING . Representatives from HOME Line, H.O.M.E. and CAPSH may attend. RESOLUTION NO. RESOLUTION APPROVING PROPOSED USE 2014 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS AND AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY REQUIRED THIRD PARTY AGREEMENTS WHEREAS, the City of Richfield, Minnesota, through execution of a Joint Cooperation Agreement with Hennepin County, is participating in the Urban Hennepin County Community Development Block Grant (CDBG) Program; and WHEREAS, the City of Richfield has developed a proposal for the use of 2014 CDBG funds made available to it; and WHEREAS, the City held a public hearing on February 25, 2014 to obtain the views of citizens on local and Urban Hennepin County housing and community development needs and priorities for the City's proposed use of$201,637 from the 2014 Urban Hennepin County CDBG Program; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of Richfield, Minnesota as follows: 1. Approves the following projects for funding from the 2014 Urban Hennepin County Community Development Block Grant Program and authorizes submittal of the proposal to Hennepin County. Activit Bud et 1. Public Service a. H.O.M.E. $18,098 j b. HOME Line $6,147 c. CAPSH $6,000 , TOTAL $30,245 2. Penn Avenue Fa�ade Improvement Pro ram $60,491 3. HRA Deferred Loan Pro ram $110,901 TOTAL CDBG ALLOCATION $201,637 2. That the Mayor and City Council hereby authorize and direct the execution of the Subrecipient Agreement with Hennepin County and any required Third Party Agreements on behalf of the City to implement the 2014 CDBG Program. 3. That should the final amount of FY 2014 CDBG available to the City be different from the preliminary amount provided to the City, the City Council hereby authorizes the City Manager to adjust project budget(s) to reflect an increase or decrease in funding. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of February, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: PROP. ORU. AGENDA ITEM# g REPORT# 6� STAFF REPORT r �;�" � ' ` ', CITY COUNCIL MEETING ) FEBRUARY 25, 2014 REPORT PREPARED BY: STEVEN L. DEVICH, CITY MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: Q N/A SIGNATURE OTHER DEPARTMENT REVIEW: � N/A % ' / SIGNATURE � ' ;'� / %�j� _ / __. �� w REVIEWED BY CITY MANAGER: ; i' � � - ��-�--`` ITEM FOR COUNCIL CONSIDERATION: Consideration of the second reading of an ordinance amending Subsection 210.01 related to City Council salaries. I. RECOMMENDED ACTION: By Motion: Approve the second reading of the ordinance amending Subsection 21Q.01 related to Cit Council salaries. II. EXECUTIVE SUMMARY Chapter II, Section 210 of the City Code establishes the salaries of the City Council. Subsection 210.01, Subd. 5, provides that salaries of the Council Members shall be reviewed by the City Council set by this section by May 1 in each year in which an election is held pursuant to Section 200 of this code. An ordinance amending the salaries established in this section must not take effect until after the next succeeding municipal election. The next City Council salary adjustment would be effective January 1, 2015, if the City Council approves this ordinance. III. BASIS OF RECOMMENDATION 0128salariesxxx A. BACKGROUND • According to previously established City Council policy, any increase should be based upon the amount of increase granted to employees in the year(s) subsequent to the previous salary adjustment. The salary adjustment increase for employees in the Management and General Services pay plans was 2% in January 2013. However, the City Council may set their salaries in relationship to other metropolitan cities. • First reading of the proposed ordinance was held on February 11, 2014. B. POLICY • Chapter II, section 210 of the City Code establishes the salaries of the City Council and provides that the salaries of the Council Members be reviewed each year in which an election is held. • The City Charter stipulates that City Council salaries may be adjusted only by ordinance. C. CRITICAL TIMING ISSUES • A public hearing is not required per State Statute or City Charter. ' D. FnvaNClaL I • The City Council received a salary adjustment in 2014. '�, - • The City Council budget includes a salary adjustment. 'I � E. LEGAL !, • N/A �' F. ENVIRONMENTAL CONSIDERATIONS I • None. IV. ALTERNATIVE RECOMMENDATION(S� • The City Council could defer action on this item to a future meeting. • The City Council could not approve the first reading and take no further action. V. ATTACHMENTS • Proposed ordinance. • Salary survey. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. BILL NO. AN ORDINANCE AMENDING SECTION 210 RICHFIELD CITY CODE PERTAINING TO CITY COUNCIL SALARIES THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 210 of the Richfield City Code is hereby amended as follows: Subdivision 1. Mayor. The annual salary of the mayor as of Januarv 1, �9�24�4 is �_�-�-9 10 591. Effective January 1, ��-�2015, the salary of the mayor shall be increased by a percentage that is the lesser of 3.5 percent or the percentage increase in the annual pay structure granted on January 1, �8-�-�2014 to Management and General Services pay plans. Subdivision 2. Council. The annual salarv of a member of the council as of January 1, �8� 2414 is ��9-1-�$8,220. Effective January 1, �91-�2015, the salary of a member of the council-shall be increased by a percentage that is the lesser of 3.5 percent or the percentage increase in the annual pay structure granted on January 1, �� 2014 to Management and General Services pay plans. Subdivision 3. Effective January 1, 2-0�-4 2016, the annual salary of the mayor and a member of the council as provided in Subdivision 1 and 2 above shall be increased by a percentage that is the lesser of 3.5 percent or the percentage increase in the annual pay structure granted on January 1,-�9-�-� 2Q15 to Management and General Services pay plans Section 2. Effective Date. This ordinance becomes effective on January 1, 2015. Passed by the City Council of the City of Richfield, Minnesota this 25th day of February 2014. Debbie Goettel, Mayor ATTEST: ' Nancy Gibbs, City Clerk METROPOLITAN AREA CITY COUNCIL 2013 SALARY SURVEY 2012 Annual Salary 2013 Annual Salary Cit Po ulation Ma or Council Ma or Council Apple Valley 49,084 $11,220 $ 8,028 $11,220 $ 8,028 Blaine 57,186 13,637 10,003 13,637 10,003 � Eden Prairie 60,797 9,900 7,500 13,500 10,740 ' Edina 47,941 10,348 7,758 10,348 7,758 �� Fridley 27,208 10,531 7,647 10,531 7,647 Golden Valley 20,355 11,619 8,696 Maplewood 37,755 12;855 11,314 Maple Grove 61,567 14,000 12,000 14,500 12,500 Minnetonka 49,734 12,000 9,000 12,000 9,000 Richfield 35,228 10,179 7,901 10,383 8,059 Roseville 33,660 9,300 7,020 9,300 7,020 St. Louis Park 42,250 11,796 6,807 $11,796 6,807 Average Salary: $11,321 $ 8,396 $11,824 $ 8,989 NOTES: Updated: 1/31/14 AGENDA SECTION: OTHER BUS. AGENDA ITEM#-' 9 REPORT# 61 STAFF REPORT - �t � °' CITY COUNCIL MEETING FEBRUARY 25, 2014 CHERYL KRUMHOLZ,EXEC. REPORT PREPARED BY: COORDINATOR Natirc,TiTLc DEPARTMENT DIRECTOR REVIEW: � N/A SIGNATURE OTHER DEPARTMENT REVIEW: � N/A � � -�, SIGN9T E'� � I ITY MANAGER: ; ,-; ` ' ,i` �, REVIEWED BY C � �._. r ITEM FOR COUNCIL CONSIDERATION: Consideration of the appointments to City advisory commissions. j. RECOMMENDED ACTION: By Motion: Approve the appointments to fill vacant terms on the City advisory commissions. II. EXECUTIVE SUMMARY In January 2014, the City Council made several appointments to the various City advisory commissions. However, there continue to be some vacancies following these appointments. The City Council continues to accept commission applications and interviews all applicants. Applications were received and a Special City Council Meeting was scheduled for February 25, 2014 to conduct interviews. Consideration of the approval of the appointments is on the February 25, 2014 Regular City Council Meeting agenda. III. BASIS OF RECOMMENDATION 0924Commission A. BACKGROUND . In January 2014, the City Council made several appointments to the various City advisory commissions. . There were some remaining vacancies following those appointments. . The City Council continues to accept applications and interviews all applicants. B. PoLICY . The City advisory commissions were established by City ordinance or resolution. Interviews of the applicants are conducted at Special City Council meetings. The required meeting notice is posted in accordance with the open meeting law requirements. C. C�TICAL TIM�G ISSUES . Applications were received and interviews were conducted on February 25, 2014. D. FINANCIAL . N/A E. LEGAL . The February 25, 2014 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 appointments to a future City Council ��, Meeting. V. ATTACHMENTS . Commission vacancy list. VI. 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