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051314CompleteAgenda I I CITY OF RICHFIELD, MINNESOTA TUESDAY, MAY 13, 2014 RICHFIELD MUNICIPAL CENTER 6700 PORTLAND AVENUE ******,�*,�****,�,�,��*******,�,�******,�,�,�******��******,�*�*****,�******�***�,�******�******,�,�******,�*�******** SPECIAL CITY COUNCIL WORKSESSION BARTHOLOMEW ROOM 6:00 P.M. AGENDA Call to order (Worksession discussion times are approximate) 6:00 — 6:35 p.m. 1. Discussion regarding food trucks (Council Memo No. 50) Notes: 6:35 - 6:55 p.m. 2. Discussion regarding a parks and events permit policy (Council Memo No. 51) Notes: Adjournment ********��***��*,�***************�,�*****�****************************,�*****�******�,�********�**********�** REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficienf time for others. Comments are to be an opportunity to address the Council on items not on the agenda. ' Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of the minutes of tfie (1) Special City Council Worksession of April 22, 2014; (2)) Special Concurrent City Council and HRA Worksession of April 22, 2014; and (3) Regular City Council Meeting of April 22, 2014 PRESENTATIONS 1. Presentation of Certificates of Appreciation to Miss Richfield Ambassadors and Junior Ambassadors (Council Memo No. 52) 2. Annual meeting with the Advisory Board of Health 3. Presentation regarding National Public Works Week COUNCIL DISCUSSION 4. Council discussion • Fourth of July parade participation • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 5. Council approval of the agenda 6. 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 Richfield Department of Public Safety to accept grant monies from the U.S. Department of Justice, Office of Justice Programs, the Justice Assistance Grant (JAG) Program S.R. No. 80 B. Consideration of approval of a resolution authorizing the City Council to affirm the monetary limits on municipal tort liability established by Minnesota Statutes 466.04 S.R. No. 81 C. Consideration of the approval of a resolution authorizing a partnership agreement between the City of Richfield and the Minnesota Department of Transportation for the purchase/storage of salt until June 30, 2018 S.R. No. 82 D. Consideration of the approval of a resolution authorizing the partnership agreement with the State of Minnesota Department of Transportation for the purchase of fuel until June 30, 2018 S.R. No. 83 E. Consideration of the approval of a work proposal from Short Elliott Hendrickson, Inc. for engineering services to design the City's sanitary and water main utilities as part of the 66t" Street Reconstruction Project between 16t" Avenue and Xerxes Avenue S.R. No. 84 F. Consideration of the approval of an agreement between Hennepin County and the City of Richfield for funding of soccer goals and equipment in the amount of$7,500 S.R .No. 85 G. Consideration of the approval of an agreement between the City of Richfield and Sprint Spectrum L.P. for a short term lease for use of Veterans Memorial Park as a temporary site for a mobile communications facility during the 4th of July Celebration S.R. No. 86 H. Consideration of the approval of an agreement between the City of Richfield and the Richfield Foundation for the Richfield Foundation to act as fiscal sponsor of donations received for a community band shell S.R. No. 87 I. Consideration of the approval of an agreement between the City of Richfield and the Richfield Foundation for the Richfield Foundation to act as fiscal sponsor of donations received for Wood Lake Nature Center S.R. No. 88 J. Consideration of the approval of the first reading of an ordinance that will remove/correct outdated terminology; clarify a number of definitions; allow home occupations to operate within garages and accessory structures; correct and add references; add parking requirements for two-family and cluster housing developments; revise setbacks from Two-Family Residential (MR-1) properties; clarify language related to drive-thru facilities in the Mixed Use Districts; and clarify screening and temporary banner requirements S.R. No. 89 K. Consideration of the approval of a resolution authorizing an amended Planned Unit Development, Conditional Use Permit and Final Development Plan for Richfield- Bloomington Honda S.R. No. 90 L. Consideration of the approval of Contract Change Order#2 for the.Richfield Ice Arena — 2013 Locker Room Addition Project in the amount of $11,411 S.R. No. 91 Notes: 7. Consideration of item(s), if any, removed from Consent Calendar Notes: PUBLIC HEARING 8. Public hearing regarding a conditional use permit and variances to allow construction of a 75-foot telecommunication tower and accessory structure at the Richfield Public Works building, 1901 66t" Street East Staff Report No. 92 Notes: � OTHER BUSINESS 9. Consideration of the construction of Metropolitan Council Livable Communities Transit- Oriented Development grant-related improvements at Lyndale Gardens Staff Report No. 93 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. Individuals who wish to address the Council must have registered prior to fhe 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 May 8, 2014 Council Memorandum No. 50 The Honorable Mayor and Members of the City Council Subject: Food Truck Discussion (Worksession Agenda Item No. 1) Council Members: On March 11, 2014, staff met with individuals who had approached the City for a discussion concerning the ability for food trucks to be present in the City of Richfield. They were: John Levy, Food Truck Association and AZ Canteen owner, Asher Miller, Director of Operations for AZ Canteen and PJ Fiske, Owner/Operator of Kona-Ice. Also present was Steve Devich, City Manager, Pam Dmytrenko, Assistant City Manager, John Stark, Community Development Director, Angie Schaefbauer from the Richfield Chamber of Commerce and various staff members representing Recreation, Community Development and Business Licensing. John Levy, President of the Food Truck Association explained there were 63 current members of the association with another approximately 60 who were not members but operated food trucks throughout the Metro. Mr. Levy explained that this was a growing ', business and that they primarily use private events, parks and business invitations to ' reach their clientele. He indicated that approximately 10% of a crowd is likely to utilize the services of a food truck so a crowd of approximately 1,000 would be needed to ' make it attractive for them to be present. Staff concluded that discussion indicating that this would be a topic for a future City Council study session. Staff also indicated that it might make sense to try some temporary events this summer on a trial basis and go from there based on the results. On March 29, 2014, staff met with Lynn Moore, Environmental Health Division Manager for the City of Bloomington, whose staff conducts food inspections in Richfield. Ms. Moore instructed staff about food safety concerns as not all food trucks are designed and maintained at the same level. It was noted that some food trucks do an excellent job concerning food safety while others do not. Ms. Moore indicated that Richfield is currently set up to allow food trucks on a temporary basis for up to 21 calendar days each year. She indicated that her staff is on duty on weekends and that they will conduct food inspections of vehicles on the days they are operating. However, she noted that in some cases, inspectors have found food safety issues that required the trucks be shut down even after a license has been issued. In general, after considering all of the issues, staff concluded that it could recommend allowing some temporary events this summer involving food trucks to see what transpires. At this time, there hasn't been enough study to decide whether this is something the City is interested in on a larger, more frequent scale. The issue is presented to City Council for their feedback at this time. R s�e�y submi d, �� I � r ;` j, � � � , r � t„ ,� L. e ich _ ��ity Manager SLD:bao Attachments Email: Department Directors Assistant City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager May 8, 2014 Council Memorandum No. 51 The Honorable Mayor and Members of the City Council Subject: Parks and Events Permit Policy (Worksession Agenda Item No. 2) Council Members: A study session is scheduled on May 13, 2014 at 6:00 p.m. to discuss the proposed parks and events permit policy. The Community Services Commission had been discussing the need to create a policy to manage the number of event requests the City receives for use of public streets and parks. Staff reported that our current fees were low compared to other Metro area cities and that an increasing amount of permit requests could begin to have a negative impact on public use of parks and to neighborhoods adjacent to events using public streets. In response, the Community Services Commission developed the attached policy and recommends adoption. Ple s� cont ct me if you have questions. Re,'� "ctfi�{ly submitte , , � % i �' � j r �i' �� ,, .�` , . ,�� ,.� ' ..-...._--_.._-. Stev " . Devic ,� i y Manager SLD:jt Attachment Email: Department Directors Assistant City Manager POLICY REGARDING EVENT PERMITS FOR USE OF PUBLIC STREETS AND/OR PARKS CITY OF RICHFIELD Introduction It is the purpose of this policy to define guidelines for individuals or organizations to conduct events on public streets in Richfield, and/or to conduct an event using portions of a park outside of the posted rental areas. Permit Applications Individuals or organizations requesting to conduct an event on public streets and/or in parks outside of posted rental areas must complete a permit application and remit payment of application fee in the amount of$200. The permit fee is refundable in full if the permit request is denied. If the applicant demonstrates a considerable amount of green practices in conducting their event, the applicant will be refunded $100 off the permit application fee as incentive. Permit applications must be received at least 60 days from the date of the event. Permit applications submitted in less than 60 days before the date of the event will not be considered. Permit Applications will be reviewed by staff within 14 days of receipt. Permit Applications are available to the public via the City's web-site. In addition, a permit FAQ sheet will be provided on the City of Richfield website to answer frequently asked questions. Event Permits For Use of Public Streets and/or Parks Individuals or organizations conducting an event on public streets and/or in parks must have in their possession a signed Event Permit for Use of Public Streets and/or Parks during the event. Permit Fees Permit Application Fee $200 Payable upon submission of application Green Practices Discount $100 Dependent upon staff approval Park Trail Fee $175 For events that use park trails Event Fee $1 per registered participant Public Safety Personnel Varies For events requiring public safety personnel Shelter Rental Varies. All events using parks must rent all shelters present at advertised rates. Permit and Event Guidelines Permit Guidelines: • The maximum number of permits granted for events on public streets shall not exceed one event per month with no back to back calendar weekends (city events are exempt). • The maximum number of permits granted for events in parks outside of posted rental areas shall not exceed one event per month with no back to back calendar weekends (city events are exempt). • Courses for events on public streets can only be used one time per year. • Event permits on public streets are only issued from May to mid-November. Event Requirements: • All events on public streets and/or parks must have the ability to pre-register participants. Applicants must show on promotional materials that no event day registrations are accepted. • Maximum participant capacity for events on public streets is 350 per event. • Maximum participant capacity for events in parks outside of posted rental areas will be determined by staff. • Low-impact routes that stay in parks are encouraged. • Green practices (recycling and composting) are strongly encouraged. • The City of Richfield reserves the right to deny permits for future events. • One (1) portable toilet is required per 125 people. • Arrangements must be made for parking, waste, and recycling/compost (if needed). • Sufficient staffing and/or volunteers must be provided (minimum of 20). • No permanent signs and markings can be used during the event including paint. Application Requirements: • The applicant must submit map of proposed route in advance of event date. • The applicant must submit event promotional materials in advance of event date. • Plans for both inclement weather and medical aid must be provided on the permit application. • Course maps and descriptions must be provided and placement of stop signs and safety cones (if needed). • A food sales disclosure is required if selling or distributing food at the event. • Applicant must submit proof of insurance (million dollar limits minimum). Approved: James Topitzhofer, Recreation Services Director , III I I I CITY COUNCIL MINUTES Richfield, Minnesota � ' � � � Special City Council Worksession April 22, 2014 CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:45 p.m. in the Bartholomew Room. Council Members Debbie Goettel, Mayor; Sue Sandahl; Edwina Garcia; Pat Elliott; and Tom Present: Fitzhenry. Staff Present: Mike Eastling, Acting City Manager; Jeff Pearson, Transportation Engineer; and Cheryl Krumholz, Executive Coordinator. Item # 1 DISCUSSION REGARDING CROSSTOWN GATEWAY TEXT (COUNCIL MEMO NO. 43) Acting City Manager Eastling requested clarification on the tagline language to include on the Crosstown Gateway monument signs to be constructed by MnDOT at the entrances to the City on Penn, Lyndale, Nicollet and Portland Avenues. MnDOT is finalizing the plans for the project that will be used for the construction. The conflicting language direction is between `Minnesota's First Suburb' and `The Urban Hometown'. The City Council direction was to proceed with `The Urban Hometown'. Item # 2 DISCUSSION REGARDING I-494/1-35W INTERCHANGE VISION LAYOUT DEVELOPMENT (COUNCIL MEMO NO. 44) Transportation Engineer Pearson stated MnDOT representatives were in attendance to provide an update on the progress on the interchange layout development study. This is presented for review and comment by the City Council prior to the scheduled April 28, 2014 project open house. April Crockett, MnDOT; John Griffith, MnDOT; Jeff Rhoda, SEH (MnDOT consultant); and Charles Carlson, Metro Transit, presented the developed concepts for the interchange and transit way. Special Worksession Minutes -2- April 22, 2014 ADJOURNMENT The meeting was adjourned by unanimous consent at 6:25 p.m. , Date Approved: May 13, 2014 � Debbie Goettel Mayor Cheryl Krumholz Mike Eastling Executive Coordinator Acting City Manager CITY COUNCIL MINUTES Richfield, Minnesota �r" ' � '� � Special Concurrent City Council and Housing and Redevelopment Authority Worksession April 22, 2014 CALL TO ORDER The meeting was called to order by Chair Sandahl at 6:07 p.m. in the Bartholomew Room. Council Members Debbie Goettel, Mayor; Pat Elliott; Sue Sandahl; Edwina Garcia; and Tom Present: Fitzhenry. HRA Members Sue Sandahl, Chair, Doris Rubenstein; and Debbie Goettel. Present: HRA Members David Gepner and Mary Supple. Absent: Staff Present: Karen Barton, Acting City Manager/HRA Executive Director; and Cheryl Krumholz, Executive Coordinator. Item #1 DISCUSSION REGARDING LYNDALE GARDENS PROJECT UPDATE (COUNCIL MEMO 45/HRA MEMO NO. 19) Colleen Carey, President of The Cornerstone Group, provided an update on the Lyndale Gardens Project, including financing and the construction schedule. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:55 p.m. Date Approved: May 13, 2014. Debbie Goettel Mayor Cheryl Krumholz Karen Barton Executive Coordinator Acting City Manager/HRA Executive Director CITY COUNCIL MEETING MINUTES Richfield, Minnesota �r � ' ' ' Regular Meeting April 22, 2014 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7;00 p.m. Members Present: Debbie Goettet, Mayor; Sue Sandahl; Pat Elliott; Edwina Garcia; and Tom Fitzhenry. Staff Present: Mike Eastling, Acting City Manager; Karen Barton, Assistant Community Development Director; Jeff Pearson, Transportation Engineer; Mary Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM Suzanne Scholljegerdes, 6301 Dupont Avenue, requested clarification on the interpretation of the City Code related to obtaining a multi-pet license. City Attorney Tietjen explained she was familiar with the situation and would follow up with Ms. Scholljegerdes. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl, S/Elliott to approve the minutes of the (1) Special Citv Council Meetinq of April 8 2014 (2) Special Concurrent Citv Council and Planning Commission Worksession of April 8, 2014� and (3) Reqular Citv Council Meeting of April 8, 2014. — Motion carried 5-0. Item #1 PRESENTATIONS FROM VARIOUS NON-PROFIT ORGANIZATIONS THAT ' PROVIDE SOCIAL SERVICES TO THE CITY OF RICHFIELD: . MIRA– JACKIE FARRELL AND ROSA RUBIO • THE FAMILY PARTNERSHIP – MARIA ZAVALA . TRAIL– MICHELLE VEITH . CORNERSTONE – SUSAN NEIS _2_ April 22,2014 Council Meeting Minutes The presentations were made. Mayor Goettel announced the presentation from Cornerstone will be a future meeting. Item #2 PRESENTATION OF THE 2013 FOOD SAFETY AWARDS BY THE RICHFIELD ADVISORY BOARD OF HEALTH (COUNCIL MEMO NO. 46) Erin Rykken and Kirsten Johnson, Advisory Board of Health Co-chairs, presented the awards. Item #3 COUNCIL DISCUSSION • Hats Off to Hometown Hits Council Member Sandahl announced the open house on April 28 regarding the I-35W/I-494 Interchange Layout Development Study. Council Member Sandahl announced the Unity in the Community event on May 13. Council Member Fitzhenry provided a Noise Oversight Committee update. Mayor Goettel announced the SHORE, Richfield event at the Lyndale Gardens site on May 10. Council Member Garcia announced the City-wide garage sale on May 15-17. Council Member Garcia announced the Richfield High School Job Fair on May 29. Item #4 COUNCIL APPROVAL OF AGENDA M/Sandahl,�S/Elliott to approve the aaenda. Motion carried 5-0. Item #5 CONSIDERATION OF THE PRELIMINARY LAYOUT (CONCEPT 2 ALTERNATIVE) FOR THE PORTLAND AVENUE RECONSTRUCTION PROJECT AS RECOMMENDED BY THE TRANSPORTATION COMMISSION S.R. NO. 79 Mayor Goettel presented Staff Report No. 79. Transportation Engineer Pearson reviewed the elements of the proposed design concept of on-street bicycle lanes with sidewa�ks and multi-use trail. M/Goettel, S/Sandahl to approve the preliminarv lavout (Concept 2 alternative) for the Portland Avenue Reconstruction Proiect as recommended bv the Transportation Commission. Motion carried 5-0. Mr. Pearson announced the 66t" Street reconstruction project open house on May 1 at Wood Lake Nature Center. Item #6 CITY MANAGER'S REPORT Council Meeting Minutes -3- April 22,2014 None. Item #7 CLAIMS AND PAYROLLS M/Fitzhenry, S/Sandahl that the followinq claims and pavrolls be approved: U.S. Bank 04/22/14 A/P Checks: 230330-230691 1,225,187.20 Payro11: 100483-100802 $ 547,081.33 TOTAL $ 1,772,268.53 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 7:51 p.m. Date Approved: May 13, 2014 Debbie Goettel Mayor Cheryl Krumholz Mike Eastling Executive Coordinator Acting City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager May 8, 2014 Council Memorandum No. 52 The Honorable Mayor and Members of the City Council � Subject: Miss Richfield Ambassador Recognition (Council Agenda Item No. 1) Council Members: This year there are nine candidates for Miss Richfield Ambassador. Currently, there are no candidates for Richfield Junior Ambassador. The deadline for Junior Ambassadors has been extended to May 7. However, according to the Ambassador Committee Chair, if no applications are received then the program will have to proceed without Junior Ambassadors this year. The coronation is scheduled for Saturday, July 5 at 6 p.m. in the Richfield High School auditorium. The attached biographies were provided by the Richfield Ambassador Committee. Certificates of Appreciation will be presented at the May 13, 2014 City Council meeting. -� �. �ec ully subm' d,, , , , .� -- - , /, / � � � ven L. evich Ci y Manager SLD:tjs Attachment E-mail: Department Directors Assistant to the City Manager �' � 2013-2014 Richfield Junior Ambassadors Jacqueline Castro - Jackie is second-grader at Richfield STEM School. She is the daughter of Yanet Moreno and a sister to Alexander and Allan. Jackie's favorite ambassador event was the Jesse James Day Parade because she was able to watch a historical reenactment! Jackie is thankful for the opportunity to be an ambassador because she went to many unique cities and met new people. Outside of the ambassador program, Jackie is involved in acting and gymnastics. When she grows up, Jackie wants to be a nurse and have a side job as an actress! Jayla Inthasone - Jayla is a first-grader at Richfield STEM School. She is the daughter of Johnny Inthasone and Maliena Phongoudom. She has two siblings, Johnny and Isabella. Jayla's favorite ambassador event was the Anoka Halloween Parade because she dressed up as an oompa loompa! Jayla is happy that she was able to be a part of the ambassador program because she learned to be more outgoing. Outside of the ambassador program, Jayla plays soccer. When she grows up, Jayla wants to be a doctor because she wants to help people be healthy. 2013-2014 Richfield Ambassadors Cherish Kovach - Cherish is senior at Richfield High School where she is enrolled as a post-secondary student at Normandale Community College. This June, she will be graduating with both a high school diploma and an associate's degree. She is the daughter of Michael and Judy Kovach. She also has two sisters, Alyssa and Autumn. At RHS, Cherish is the captain of the Girls Cross Country team and is a student representative on the Richfield School Board. This year she participated in the Distinguished Young Woman Scholarship Program at both the local and state level. Cherish's favorite ambassador event was the Rockford River Days Festival because she was able to go on rides with her crown and gown on! She values her time spent in the ambassador program because she learned to be the best person she can be and to represent herself positively. This July, Cherish will continue as Richfield's representative at the Minneapolis Aquatennial. This fall, Cherish will be attending Augsburg College to pursue a degree in international business and marketing. She also hopes to study abroad and work as an intern at Target Corporation. Ultimately, Cherish hopes to work for an international firm that allows her to travel. She also plans to start a family and stay involved with the Richfield I Ambassador Program. '�� Deepika Pokharel - Deepika is the daughter of Babu and Sharada Pokharel. She is a I, sister to Bishwa and Bishwo. She is currently a senior at Richfield High School. Next year, Deepika will be attending the College of St. Olaf to study computer science and ' actuarial science. Deepika hopes to one day become a computer software engineer. During her time in high school, Deepika was very involved. She participated in tennis, Lego, theater, and numerous activities in the Nepali community. Deepika truly believes that the ambassador program helped her to become a better leader. Beyond that, she was able to further develop her skills in public speaking and etiquette. Deepika's favorite ambassador memory was the Rockford River Days festival because she had fun going on rides with her crown and dress on. Deepika is thankful to have been selected as an ambassador because it is one of her greatest accomplishments thus far. Brandi Haar - Brandi is a senior at Richfield High School. She is the daughter of Ray Haar III and Robin Jacobson. She is a sister to Ray Haar IV. At Richfield High School, Brandi participates in theatre year round as well as plays the flute in the school band. After graduation, Brandi will be attending Gustavus Adolphus College to pursue a degree in biology, with minors in French and neuroscience. One day, Brandi hopes to have a nice job, big house, and wonderful family. Brandi's favorite ambassador memory was any event that involved food. Specifically, she had a great time at the North Hudson Pepper Fest's spaghetti eating contest and the Cokato Corn Festival, where she ate four ears of corn with braces! The ambassador program has taught Brandi how to be more outgoing and how to hold a conversation with a complete stranger. Brandi is thankful for the opportunity the ambassador program has given her and her fellow ambassadors to grow into beautiful young ladies. 2014-2015 Richfield Ambassador Candidates Abby Knipp is a junior at Richfield Senior High School. Here she participates on the Tapaires dance team and is proud to be team captain. Along with school dance, she also participates on a studio team with Just for Kix. Abby is a strong student and is proud to maintain her high grades while taking AP and College in the Schools courses. One day she hopes to attend college out east and plans to study abroad in either Spain or England. Abby is sponsored by Richfield Bloomington Credit Union. Kawsar Yusuf, sponsored by The Cornerstone Group, is a junior at Richfield Senior High School. Kawsar recently came back from studying in Kenya for a year. During her time in Kenya, she was a part of the school track team, a member of student council, and studied Swahili to become fluent in her 3rd language. Kawsar is passionate about human rights and she plans to pursue this passion by attending the University of Minnesota to study International Relations and one-day work with the United Nations. Rachel Whitaker, a junior at Richfield Senior High School, is involved with many groups and volunteer activities in the community. Her biggest passion is music. She sings in the adult choir at church and in the Honors Choir at school. Outside of singing, she loves to play hockey, spend time with family and friends and enjoy a good book or movie. After graduating high school, she plans to attend a four-year university and pursue a career as a nurse or an occupational therapist. She is proud to be sponsored by Xcel Energy. Nicola Beilman is a junior at Richfield Senior High School. She is a participant in a variety of activities, including swimming, theatre, choir, and student government. Outside of school, she serves as a Park Square Theatre Ambassador, an Olympic Style Swimming Assistant Instructor and enjoys taking vocal and piano lessons. As for her career goals, she is torn between her artistic side and her analytical side as she plans to either study acting or neuroscience. Westrum's Quality Foods is happy to sponsor Nicola. Leah Boldt, sponsored by Murdoch Orthodontics, is a junior at Richfield Senior High School. Her biggest passion is swimming and she is very proud to have qualified for the State Tournament multiple times for synchronized swimming and for swimming and diving. Leah loves living an active lifestyle. She enjoys fishing, snowmobiling, water skiing, wake-boarding, running and biking. She plans to continue on to a 4-year university after high school and become a biochemical engineer. Hannah Springer is a junior at Richfield Senior High School. She is strong student and she is proud to be in the top 10 of her class. Her future plans include attending her dream school, The Air Force Academy. She would love to pursue her dream of a career in aviation while also serving her country. Her biggest passion is soccer. She has been playing since she was 6 years old and she is honored to represent her team as captain. Hannah is sponsored by TCF Bank. Samantha Rollay is a junior at Richfield Senior High School. She is actively involved in her community through Church and School. At school, she participates in competitive and synchronized swimming. Samantha is interested in studying history and writing, which she plans to study at college. Eventually, she wants to use her degree and pursue her dream of working at the Smithsonian in Washington D.C. The Academy of Holy Angels proudly sponsors Samantha. Ibelizet Dominguez, sponsored by Minnesota School of Business, is a junior at Richfield Senior High School. She is very passionate about volunteering and participates on the high school tennis team. One of her dreams in life is to join the Peace Corps so she can travel the world and help those in need. Ibelizet also plans on attending a 4-year University to pursue a career in Dentistry. Jennifer Hernandez is a junior at Richfield Senior High School. She is a proud member of Latinas Unidas, which is a volunteer community program much like Girl Scouts for young Latina ladies. After graduating from Richfield High, Jennifer plans to attend a 4-year University and earn a degree in dermatology. The Richfield Foundation is happy to sponsor Jennifer during her candidacy. AGENDA SECTION: CONSENT AGENDA ITEM# 6A REPORT# 80 STAFF REPORT � CITY COUNCIL MEETING MAy 13, 2014 REPORT FREPARED BY: JAY HENTHORNE, DEPUTY DIRECTOR/DEPUTY CHIEF / NAME,TlTLG I DEPARTMENT DIRECTOR REVIEW: � SIG ATURL•' OTHER DEPARTMENT REVIEW: � N/ SIG A RE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Council approval of attached resolution authorizing acceptance of JAG funds. L RECOMMENDED ACTION: By Motion: Approve the attached resolution allowing Richfield Department of Public Safety to accept grant monies from the U.S. Department of Justice, Office of Justice Programs, the Justice Assistance Grant (JAG) Program. II. EXECUTIVE SUMMARY The Richfield Police Department receives annual Justice Assistance Grants (JAG) from the Department of Justice. Several Hennepin County municipalities receive these grants. The Cities of Bloomington, Brooklyn Center, Brooklyn Park, and Minneapolis all receive grant funding. The JAG Grants are administered through Hennepin County, Office of Administration. The City of Richfield has been awarded $10,240. This money will be used to start replacing the rifles that are issued to the Police squad cars. Grant funding is based on Federal reporting of crime statistics as they relate to the ratio of citizens within the individual communities. 051314 JAG Grant for Police Squad Rifles III. BASIS OF RECOMMENDATION A. BACKGROUND . The patrol rifles have been in the squad cars for approximately 14 years. The rifles are experiencing malfunctions with ammunition and having the magazines seat properly in the weapons. The weapons are at their end of life cycle for patrol use. New rifles need to be purchased in order to provide officers with reliable weapons for patrol use. . The Public Safety Department has been informed that additional funds will be made available to the department as part of the Edward Byrne Memorial Justice Assistance Grant (JAG). The grant allows states, tribes and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. . Notification was received that the City of Richfield was approved to receive $10,240 from the JAG Grant for 2014. B. POLICY . Public Safety does not accept financial support unless it is designated for a specific program that will affect the department as a whole. . The grant money will be used by Public Safety for training and purchasing of equipment. . Minnesota Statute 465.03 requires that every acceptance of a grant or devise of real of personal property on terms prescribed by the donor be made by resolution of rnore than two-thirds majority of the City Council. . The Administrative Services Department issued a memo on November 9, 2004 requiring that all grants and restricted donations to departments be received by resolution and by more than two-thirds ma�ority of the City Council in accordance with Minnesota Statute 465.03. C. CRITICAL TIMING ISSUES . The grant money will be used by Public Safety for purchasing equipment. D. FINANCIAL . Five percent (5%) or $512 of the total $10,240 has been removed as I approved by the administrator of the grant for administrative costs. , Richfield Public Safety will receive $9,728. E. LEGAL . N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S� • Council could disapprove of the acceptance of the grant monies and the funds would have to be returned. V. ATTACHMENTS • Resolution No. VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None RESOLUTION NO. RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FOR $10,240 FROM THE OFFICE OF JUSTICE PROGRAMS TO BE USED FOR REPLACING THE SQUAD CAR RIFLES CURRENTLY USED BY RICHFIELD POLICE DEPARTMENT OFFICERS WHEREAS, Richfield Police has been approved by the U.S. Department of Justice to participate in funds made available to several Hennepin County departments through the Edward Byrne Memorial Justice Grant (JAG); and WHEREAS, Richfield is scheduled to be awarded $10,240 to be used as designated by the grant agreement which mandates that the funds be used for law enforcement related programs and or equipment; and, WHEREAS, Richfield has agreed that Hennepin County will serve as the fiscal agent on behalf of the Cities of Bloomington, Brooklyn Center, Brooklyn Park, Minneapolis and Richfield; and, WHEREAS, in accordance with the agreement, five percent (5%) ($512) of the total amount ($10,240) has been set aside for costs associated with administering the JAG funds. WHEREAS, Richfield Police has designated $9,728 for the purchase of new Police squad rifles; and, NOW, THEREFORE, BE IT RESOLVED that the City of Richfield, Public Safety Department will accept funds designated for police programs and equipment in accordance to and as listed above. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of May, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 6B REPORT# 81 � STAFF REPORT I �� ' ' 'l CITY COUNCIL MEETING r MAy 13, 2014 REPORT PREPARED BY: JESSE SWENSON, ASST. HR MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: �� SIGNATURL•' OTHER DEPARTMENT REVIEW: � N/A - ,� srcN � � ...__ � ' REVIEWED BY CITY MANAGER: � �� '� ITEM FOR COUNCIL CONSIDERATION: Resolution authorizing the City to affirm the monetary limits on statutory municipality tort liability. I. RECOMMENDED ACTION: By Motion: Adopt a resolution authorizing the City Council to affirm the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. II. EXECUTIVE SUMMARY The City purchases its insurance from the League of Minnesota Cities Insurance Trust (LMCIT). Each year, the City must either affirm or waive its statutory limits of liability by July 1st. After reviewing cost considerations measured against potential risk, the City has, historically, affirmed the liability limits which are $500,000 for an individual claimant and $1,500,000 per occurrence. Staff is recommending the same course of action for the current period. III. BASIS OF�ZECOMMENDATION A. BACKGROUND 2014 Tort Liabilityxxx A requirement of insurance coverage through the LMCIT is an annual affirmation or waiver of statutory limits of liability. The current statutory limits of liability for Minnesota cities are $500,000 for an individual claimant and $1,500,000 per occurrence. Cities can waive these limits to allow an individual claimant to recover more than $500,000, up to the $1,500,000 per occurrence limit, if excess liability insurance is purchased. However, the cost of excess liability insurance continues to be very expensive. An additional $1,000,000 of coverage would cost the City approximately $65,000 annually. Slightly more than half of the cities in Minnesota do not waive its limits of liability. B. POLICY • The State Statute establishes liability limits for cities and the current level is $1,500,000, which appears to be a reasonable limit. • Historically, the majority of municipalities in Minnesota do not waive the monetary limits on municipality tort liability as was established by Statutes 466.04. . The Council could waive its statutory limits in future years if a decision was made to do so. • The City Council may also wish to further consider purchasing excess liability in the future. If this is the case it may be purchased at any point in the future. C. CRITICAL TIMING ISSUES . The City's insurance policy with the League of Minnesota Cities Insurance Trust will renew on July 1, 2014. This action must be completed on, or before that time. D. FINANCIAL • The City has historically not purchased excess liability coverage because of the cost of such coverage. The annual premium for $1 million of coverage would be between $65,000 and $75,000 if the City decided to waive its liability limits. E. LEGAL • The tort liability limits established by Minnesota Statutes have il protected cities, historically, and no Minnesota court has ever , established a monetary award in excess of the statutory limits against a municipality. • Each city must annually decide whether the city would voluntarily waive the statute for both the single claims and each occurrence limit. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION�S� • If the Council feels that any single claimant should receive more than the $500,000 limit, the Council could elect to waive the statutory monetary limits. • If the Council feels that the $1,500,000 per occurrence limit is not adequate, the City could purchase excess liability coverage. V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. II�� I RESOLUTION NO. RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY MINNESOTA STATUTES 466.04 WHEREAS, Minnesota Statute 466.04 provides for Municipal tort liability limits for Minnesota cities; and WHEREAS, the League of Minnesota Cities Insurance Trust has asked that each city review the tort liability limits and determine if the respective city would choose to waive its limits; and WHEREAS, such decision to affirm or waive the tort liability limits must be filed with the League of Minnesota Cities Insurance Trust at the insurance renewal date. NOW, THEREFORE, BE IT RESOLVED that the City Manager is directed to report to the League of Minnesota Cities Insurance Trust that the Richfield City Council does not waive the monetary Iimits on the municipal tort liability established by Minnesota statutes 466.04. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of May, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 6C REPORT# 82 STAFF REPORT p►• ` >1 CITY COUNCIL MEETING MAY 13, 2014 REPORT PREPARED BY: CHRIS LINK, OPERATIONS SUPERINTENDENT NAME, TITLE DEPARTMENT DIRECTOR REVIEW: [Er oy_f SIGNATURE. OTHER DEPARTMENT REVIEW: NIA r- SIGNA 1 ; REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing a partnership agreement between the City of Richfield and the Minnesota Department of Transportation (Mn/DOT) for the purchase/storage of salt. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the partnership agreement between the City of Richfield and the Minnesota Department of Transportation (Mn/DOT) for the purchase/storage of salt until June 30, 2018. (Mn/DOT Contract no. 04565) II. EXECUTIVE SUMMARY The City of Richfield currently does not own/operate a salt storage facility and the original salt purchasing agreement with Mn/DOT has expired. Entering into these types of partnerships has allowed the City to: • Build a Maintenance Facility without a large salt storage area • Show good public relations looking for more efficient and cost effective ways to provide services • Reduce potential for additional pollution problems. 0513201 4 M n/D OTS a l txxx This agreement was in-place before the construction of the new Public Works Facility. III. BASIS OF RECOMMENDATION A. BACKGROUND • The City of Richfield does not have an adequate salt storage facility I for yearly ice control operations. ', • The original agreement with Mn/DOT has expired • The proximity to the Maintenance Facility is ideal for City of Richfield ice control operations. B. PoLICY • The City participates in a joint purchasing agreement with the State of Minnesota and Mn/DOT • The State of Minnesota solicits bids for all the participants in the joint . purchase agreement. C. CRITICAL TIMING ISSUES • The City of Richfield does not have adequate salt storage at the Public Works Maintenance Facility D. FINANCIAL • State and City staff will meet annually to determine the approximate cost of salt for the nest 12 month period. • Salt costs will include the price of salt and handling fees • Funding for salt is included in the annual Street Division operating budget. E. LEGaL • When the purchase of inerchandise, materials, equipment, or construction exceeds $100,000, authority to purchase shall be submitted to the City Council for consideration. • The City Attorney has reviewed this agreement F. ENVIRONMENTAL CONSIDERATIONS • Sharing salt storage facilities reduces the opportunity for chloride pollution problems. IV. ALTERNATNE RECOMMENDATION�S� • Council could choose to discontinue the partnership agreement with Mn/DOT V. ATTACHMENTS • Resolution • Partnership Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO MN/DOT PARTNERSHIP AGREEMENT NO. 04565 WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE PURCHASE/STORAGE OF SALT UNTIL JUNE 30, 2018 WHEREAS , the Public Works Maintenance Facility has limited space for salt storage; and WHEREAS, the Minnesota Department of Transportation, Cedar Avenue Truck Station is conveniently located next to the City of Richfield Maintenance Facility and has adequate storage space for both agencies. NOW, THEREFORE, BE ITRESOLVED , that the City Council of the City of Richfield hereby authorizes the Mayor and the City Manager to enter into Partnership Agreement No. 04565 between the City of Richfield and the Minnesota Department of Transportation for purchase/storage of salt until June 30, 2018. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of May, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk MnDOT Contract # 04565 PARTNERSHIP AGREEMENT BETWEEN MINNESOTA DEPARTMENT OF TRANSPORTATON AND City of Richfield FOR Salt Purchase This Agreement is between the State of Minnesota Acting through its Commissioner of Transportation (“State”) and City of Richfield (“Other Party/Local Government”) located at: 6700 Portland Ave, S. Richfield MN 55423 Recitals 1. Under Minnesota Statutes Section 174.02, subdivision 6, the Commissioner of Transportation may enter into agreements with governmental or nongovernmental entities for research and experimentation, for sharing facilities, equipment, staff, or other means of providing transportation-related services; or for other cooperative programs that promote efficiencies in providing governmental services or that further the development of innovation in transportation for the benefit of the citizens of Minnesota; and 2. The parties wish to cooperatively provide the City with purchasing salt and access to the Cedar Ave. Truck station and the State wishes to provide the City with salt and access to the Cedar Ave truck station. 3. Both parties are willing to enter this Agreement to set forth their respective rights and duties. Agreement Term of Agreement; Exhibits 1. . 1.1 Effective date This Agreement will be effective upon execution and approval by the appropriate State and Other Party/Local Government officials pursuant to Minnesota law. . 1.2 Expiration date This Agreement will expire on June 30, 2018, unless terminated earlier pursuant to Article 10. . 1.3 Exhibits Exhibit A is attached and incorporated into this agreement. Scope of Work and Responsibilities of Each Party. 2. The State will provide the City with salt from the State’s th stock pile at the Cedar Ave truck station (612-970-2802), 1900 East 66 St Richfield MN 5542. If the State is not actively working on any particular day, the gate to the truck station salt stock pile will be locked and no product will be available to the City. The City may call in advance to make arrangements for material. 2.1 State responsibilities.State will include all costs itemized in Exhibit A and the following: 2.1.1 Purchase salt materials to applicable laws and specifications. The State estimates the City’s usage at 1,500 tons annually, any change to this agreement will be done by amendment. 2.1.2 Provide State loader. Equipment needed to perform the work, at its rental rate as established by the State. 2.1.3 Provide a State equipment operator.Actual salary costs incurred by the State, at the normal rate of pay plus reasonable and customary labor additives. The State must, upon request of the City, provide documentation showing a breakdown of costs claimed for reimbursement. 1 Partnership Agreement Rev. 10/15/13 MnDOT Contract # 04565 2.1.4 Provide a log book for the purpose of recording the quantity of material used. 2.1.5 Meet with the City at least annually to verify salt usage, estimate future needs and confirm any adjustments. 2.2 Other Party/Local Government responsibilities. Other Party/Local Government will: 2.2.1 Take a minimum of 500 tons and a maximum of up to its annual estimated usage of salt materials from the site. Obtain State’s prior approval if taking more than the estimated usage quantity from the site. 2.2.2 The City will be invoiced for 1,500 tons of salt upon execution of this contract and process payment upon receiving invoice and both parties will reconcile under /overage on about May 15, 2014. 2.2.3 Take reasonable safety, security and environmental protection measures at the site and comply with State’s regulations. 2.2.4 The City will maintain a small stock pile on their property for use when the State is not on duty. 2.2.5 Meet with the State at least annually to verify usage, estimate future needs and confirm any adjustments. Authorized Representatives 3. 3.1 Each party’s Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice required or permitted under this Agreement. 3.2 State’s Authorized Representative is Name: Mark Fischbach or his/her successor. Title: Clear Roadways Superintendent MnDOT - Operations/ Metro District Street Address: 1500 West Co. Rd. B2 MS 250 City State Zip: Roseville MN 55113 Telephone: 651-234-7907 Email: mark.fischbach@state.mn.us 3.3 Other Party/Local Government ‘s Authorized Representative is: Name: Chris Link or his/her successor. Title: Operations Superintendent Other Party/Local Other Party/Local Gov’t Name: Gov’t Name: Billing Address: 6700 Portland Ave. S City State Zip: Richfield MN 55423 Street Address: 6700 Portland Ave. S City State Zip Richfield MN 55423 Telephone: 612-861-9174 Email: clink@cityofrichfield.org 4. Terms of Payment 4.1 State will invoice Other Party/Local Government as follows: upon execution of this agreement. 4.2 The Other Party/Local Government will make payment to the order of the Commissioner of Transportation. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE “MNDOT CONTRACT NUMBER” SHOWN BELOW AND AT THE TOP OF THIS CONTRACT. Remit payment to the address below: 2 Partnership Agreement Rev. 10/15/13 MnDOT Contract # 04565 MnDOT Attn: Cash Accounting RE: MnDOT Contract Number (04565) and Invoice # (TBD) Mail Stop 215 395 John Ireland Blvd St. Paul, MN 55155 4.3 The City’s total obligation for all compensation and reimbursements to the State will not exceed $122,276.08. Liability 4. 4.1 Each party is solely responsible for its own acts or omissions associated with the maintenance operations covered by this Agreement. The liability of the state is governed by Minnesota Statutes §3.736 and the city by Minnesota Statute Chapter 466. Audit: 5. Under Minnesota Statutes §16C.05, subdivision 5, the books, records, documents and accounting procedures and practices of the City relevant to this Agreement are subject to examination by State and the Legislative Auditor for a minimum of six years. Jurisdiction and Venue: 6. Minnesota Law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this agreement, or its breach, must be in Ramsey County, Minnesota. Government Data Practices: 7. The parties must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the parties under this agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either of the parties. Assignment and Amendments 8. 8.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement without the prior consent of the other party and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 8.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed this original Agreement, or their successors in office. Waiver; Contract Complete 9. 9.1 Waiver. If a party fails to enforce any provision of this contract that failure does not waive the provision or the party’s right to subsequently enforce it. 9.2 Contract Complete. This contract contains all negotiations and agreements between the parties. No other understanding regarding this contract, whether written or oral, may be used to bind either party. Termination 10. This Agreement may be terminated by either party, with or without cause, upon 180 days written notice to the other party [The remainder of this page has been intentionally left blank. Signature page follows.] 3 Partnership Agreement Rev. 10/15/13 MnDOT Contract # 04565 OTHER PARTY/LOCAL GOVERNMENT The Other Party/Local Government certifies that the appropriate person(s) have executed the contract on behalf of the Other Party/Local Government as required by applicable articles, bylaws, resolutions or ordinances. COMMISSIONER OF TRANSPORTATION By: By: Title : Title: Division Director Date Date STATE ENCUMBRANCE VERIFICATION The individual certifies funds have been encumbered as required by Minn. Stat. 16A.15 and 16C.05 COMMISSIONER OF ADMINISTRATION By: By: Date: Date SWIFT Contract # SWIFT Purchase Order # 4 Partnership Agreement Rev. 10/15/13 AGENDA SECTION: CONSENT AGENDA ITEM# 6D R.EPORT# 8; STAFF REPORT � � ` '' CITY COUNCIL MEETING MAY 13, 2014 REPORT PREPARED BY: CHRIS LINK, OPERATIONS SUPERINTENDENT NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � SIGNATZ/2E OTHER DEPARTMENT REVIEW: � N/ Q;�� %�' � SIGNATUI 1/.�� '..l REVIEWED BY CITY MANAGER: �� ti �� -- ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving a partnership agreement between the City of Richfield and the Minnesota Department of Transportation (Mn/DOT) for the purchase of gasoline and diesel fuel from Minnesota Department of Transportation (Mn/DOT) and authorizing the Mayor and City Mana er to sign the agreement. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the partnership agreement with the State of Minnesota Department of Transportation (Mn/DOT) for the purchase of fuel until June 30, 2018. (Mn/DOT Contract no.04963) II. EXECUTIVE SUMMARY The City of Richfield currently does not own/operate a fueling station and the original fuel purchasing agreement with Mn/DOT has expired. The City of Richfield relies on partnerships with Hennepin County and Mn/DOT to fulfill this need. Entering into these types of partnerships has allowed the City to: • Build a Maintenance Facility without fuel tanks • Show good public relations looking for more efficient and cost effective ways to provide services • Reduce potential for additional pollution problems. 05132014Mn/DotFuelxxx Currently the Motor Pool uses about 50,000 gallons of gasoline and 35,000 gallons � of diesel fuel per year. I III. BASIS OF RECOMMENDATION ' A. BACKGROUND • The City has the opportunity to enter into a partnership agreement with Mn/Dot at the Cedar Avenue Truck Station for the cost of fuel and applicable taxes plus 12.07% handling fee • An agreement with Mn/DOT will serve as an additional source for fuel in case of emergencies. B. POLICY • The City participates in joint purchasing agreements with the State of Minnesota • The State of Minnesota solicits bids for all participants in the purchase agreement • Council approval is required for expenditures over $100,000. C. CRITICAL TIMING ISSUES • The City of Richfield does not own/operate a fueling station • Multiple sources of fuels are an advantage, especially in emergencies D. FINANCIAL • State and City staff will meet annually to determine the approximate cost of fuel for the nest 12 month period. • Fuel costs will include the price of fuel, taxes, and handling fees • Funding for fuel is included in the annual operating budget for the Central Garage E. LEGAL • The City Attorney has reviewed this agreement F. ENVIRONMENTAL CONSIDERATIONS • Sharing fueling sites reduces the potential for pollution problems • The opportunity to purchase fuel from Mn/DOT has allowed the City to construct a Maintenance Facility without fuel tanks. IV. ALTERNATIVE RECOMMENDATION(S� • Council could choose not to enter into this partnership agreement. V. ATTACHMENTS • Resolution • Partnership Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO Mn/DOT PARTNERSHIP AGREEMENT NO 04963 WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR PURCHASE OF FUEL UNTIL JUNE 30, 2018 WHEREAS, the City of Richfield does not own/operate a fueling station; and j � WHEREAS, the Minnesota Department of Transportation, Cedar Avenue Truck ' Station is conveniently located next to the City of Richfield Maintenance Facility and has an adequate fueling station for both agencies NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Richfield hereby authorizes the Mayor and the City Manager to enter into Partnership Agreement no 04963 between the City of Richfield and the Minnesota Department of Transportation for purchase of fuel until June 30, 2018. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of May, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk MnDOT Contract# 04963 PARTNERSHIP AGREEMENT BETWEEN MINNESOTA DEPARTMENT OF TRANSPORTATON AND CITY OF RICHFIELD FOR PURCI3ASE OF FUEL This Agreement is between the State of Minnesota acting through its Commissioner of Transportation("State")and the City of Richfield acting through its City Council("City"). Recitals 1. Under Minnesota Statutes Section 174.02, subdivision 6,the Commissioner of Transportation may enter into agreements with governmental or nongovernmental entities for research and experimentation, for sharing facilities,equipment, staff, or other means of providing transportation-related services; or for other cooperative programs that promote efficiencies in providing governmental services or that further the development of innovation in transportation for the benefit of the citizens of Minnesota; and 2, The State and City are both responsible for maintaining roads in their respective jurisdictions and have a need for fuel; and 3. The City has a maintenance facility near the State's Cedar Avenue truck station; and 4. The City's maintenance facility does not have adequate fuel storage and dispensing capability; and 5. The State has adequate fuel facilities at its Cedar Avenue truck station to serve the needs of both parties and is willing to accommodate the City's fuel needs; and 6. Both parties are willing to enter this Agreement to set forth their respective rights and duties. Agreement 1. Term of Agreement; Exhibits 1.1 Effective date.This Agreement will be effective upon execution and approval by the appropriate State and City officials pursuant to Minnesota law. 1.2 Expiration date.This Agreement will expire on June 30, 2018 unless terminated earlier pursuant to Article 12. 1.3 Exhibits. E�ibit A is attached and incorporated into this Agreement. 2. Scope of Work and Responsibilities of Each Party. 2.1 State responsibilities. State will: 2.1.1 Provide access to the City to the fueling island at the State's Cedar Avenue truck station,24 hours a day 7 days a week. When the main access gate is locked, special use vehicles (police; fire)may enter through the southeast security gate. The State will provide up to 10 electronic security gate keys for special use vehicles. 1 Partnership Agreement Rev.09/26/2013 MnDOT Contract# 04963 2.1.2 Provide fueling access information and identification numbers for all City vehicles and drivers who are authorized to obtain fuel at the Cedar Avenue site.Electronic security gate key information will also be available. 2.1.3 At City's request and no less than monthly,provide electronic records of fuel dispensed to City, including quantities and dates, for both gasoline and diesel. 2.1.4 Maintain fuel composition as determined by the State. Only the State's seasonal specifications for gasoline and diesel will be placed in the storage tanks used by the City. E85 gasoline mixtures will not be dispensed from the shared fuel island. 2.1.5 Promptly notify the City when the fuel island has mechanical or electrical problems that prohibit fueling. 2.1.6 Invoice the City for use of fuel. The State will invoice the price paid when the fuel was delivered. All fuel invoices will include the price of fuel and a material handling fee("handling fee"). The handling fee is an additive covering the costs associated with handling inventoried items.The handling fee is based upon a rate which the State develops annually. The initial material handling fee for fiscal year 2014 is 12.07%. The handling fee is applied to the price of the fuel including all taxes and delivery charges. The annual handling fee rate may be obtained from State's Office of Financial Management. 2.2 City's responsibilities. City will: 2.2.1 Pay for all of the fuel dispensed to the City since September 30,2013, when MnDOT Agreement 93443-R expired. 2.2.2 Exercise reasonable care when dispensing fuel from the site. 2.23 Train City drivers who use the site on proper fueling procedures and on the hazards of fuel spilled on the ground. 2.2.4 Participate in any usage%nvironmental training provided by the State or use training materials provided by the State.Ensure that City drivers learn and apply the proper procedures to follow in case of a spill. 2.2.5 Provide all City vehicles that use this site with adequate permanent markings such as a City logo. 2.2.6 Train City drivers on how to operate the electronic fuel dispensing system. 2.2.7 Issue electronic security gate keys for police and fire vehicles to appropriate drivers only. Immediately report to the State the loss of any of the security cards. Any replacement cards will be issued at a cost of$10.00 per card. 2.2.8 Pay all costs arising from willful spillage or other damages by agents of flie City. 2.2.9 Promptly pay to State the invoiced amount for costs under this Agreement. 3. Authorized Representatives 3.1 Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any noticerequired or permitted under this Agreement. 3.2 State's Autlaorized Representative is Name: Jack Pirkl, or his successor. Title: Maintenance Operations Engineer MnDOT- Metro District Street Address: 1500 W. County Road B2,MS 50 2 Partnership Agreement Rev.09/26/2013 MnDOT Contract# 04963 City State Zip: Roseville, MN 55113 Telephone: 651-23 4-793 7 Email: jack.pirkl@state.mn.us 3 3 City `s Authorized Representative is: Name: Chris Link, or his successor. Title: Maintenance Supervisor Other Party/Local City of Richfield Gov't Name Street Address: 6700 Portland Avenue S. City State Zip: Richfield,MN 55423 Telephone: 612-861-9174 Email: clink@cityofrichfield.org 4. Payment 4.1 State and City will communicate to deterinine the approximate cost of fuel during the State's fiscal year, ("fiscal year").Fuel costs will include the price of the fuel,plus taxes, and handling fee(Article 2.1.6). Exhibit A provides an initial estimate of fuel cost based upon the initial price of fuel and the fiscal year 2014 handling fee rate. The price of fuel and handling fee charge in Exhibit A are subject to change as provided in this Agreement. 4.2 State will issue fuel invoices on approximately the first working day of every month. 43 The first invoice will be for an estimated 2 months'average usage. 4.4 Subsequent invoices will be for 1 month's average usage. I 4.5 At the end of the last month of the fiscal year, State will issue a final reconciliation invoice to account for the I difference between average usage and actual fuel usage over the fiscal year. The parties may adjust the � monthly amount priar to the end of the fiscal year in order to accommodate any substantial price changes. ��, 4.6 Subsequent years' invoices will follow the above procedure. The first invoice of the subsequent fiscal year �!, will overlap the final invoice of preceding fiscal year. ' 4.7 If this Agreement is terminated in the middle of a fiscal year, State will promptly issue a final invoice. ' 4.8 Upon receipt of invoices, City will make payment to the order of the Commissioner of Transportation. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE"MNDOT CONTRACT NUMBER" SHOWN BELOW AND AT THE TOP OF THIS CONTRACT. Remit payment to the address below: MnDOT Attn: Cash Accounting RE: MnDOT Contract Number 04963 Mail Stop 215 395 John Ireland Blvd St. Paul, MN 55155 1. Liability 5.1 Each party is solely responsible for its own acts or omissions associated with the maintenance operations covered by this Agreement.The State's liability is governed by Minnesota Statutes §3.736 and other applicable law. The City's liability is governed by Minnesota Statutes Chapter 466 and other applicable law. 5.2 Each party is solely responsible for its own employees for any Workers Compensation claims.An employee of one party will not be considered an employee of the other party for any purpose. 3 Partuership Agreement Rev.09/26/2013 MnDOT Contract# 04963 5.3 Both parties agree to comply with all applicable laws,regulations and MnDOT policies concerning the possession, storage, use,handling or generation of any pollutant, contaminant, or hazardous waste, substance or material at the site. Each party is solely responsible for all claims associated with the release or threatened release of any pollutant, contaminant or hazardous waste, substance or material where the release or threatened release is due solely to the negligent or intentional acts or omissions of that party. 2. Ownership The State retains ownership of all property and appurtenances at the Cedar Avenue trucic station. 3. Audit Under Minnesota Statutes §16C.05, subdivision 5,the books, records, documents and accounting procedures and practices of the City relevant to this Agreement are subject to examination by State and the Legislative Auditor for a minimum of six years. 4. Jurisdiction and Venue Minnesota Law governs the validity, interpretation and enforcement of this Agreement.Venue for all legal proceedings arising out of this agreement, or its breach, must be in Ramsey County, Minnesota. 5. Government Data Practices The parties must comply with the Minnesota Government Data Practices Act,Minn. Stat. Ch. 13,as it applies to all data provided by under this agreement, and as it applies to all data created, collected,received, stored,used, maintained, or disseminated by the parties under this agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either of the parties. 6. Assignment and Amendments 10.1 Assignment.Neither party may assign nor transfer any rights or obligations under this Agreement without ' the prior consent of the other party and a fully executed Assignment Agreement, executed and approved ' by the same parties who executed and approved this Agreement, or their successors in office. 10.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed this original Agreement, or their successors in office. 11 Waiver; Contract Complete 11.1 Waiver. If a party fails to enforce any provision of this contract that failure does not waive the provision or the party's right to subsequently enforce it. 11.2 Contract Complete. This contract contains all negotiations and agreements between the parties.No other understanding regarding this contract,whether written or oral, may be used to bind either party. 12 Termination This Agreement may be tetminated by either party,with or without cause,upon 6 months written notice to the other party. [The remainder of this page has been intentionally left blank. Signature page follows.] 4 Partnership Agreement Rev.09/26/2013 MnDOT Contract# 04963 CITY The City certifies that the appropriate person(s) I have executed the contract on behalf of the City as I, required by applicable articles,bylaws, resolutions I or ordinances. I COMMISSIONER OF TRANSPORTATION By; BY� Title a Title: Division Director Date Date STATE ENCUMBRANCE VERIFICATION The individual certifies funds have been encuinbered as required by Minn. Stat. 16A.15 and 16C.05 COMMISSIONER OF ADMINISTRATION By: BY� Date: Date SWIFT Contract# SWIFT Purchase Order# 5 Partnership Agreement Rev.09/26/2013 AGENDA SECTION: CONSENT. AGENDA ITEM# 6E REPORT# 84 STAFF REPORT � r CITY COUNCIL MEETING MAy 13, 2014 REPORT PREPARED BY: ELIZABETH FINNEGAN, CIVIL ENGINEER N�uc, TrTLc DEPARTMENT DIRECTOR REVIEW: �� S/GNATU2G OTHER DEPARTMENT REVIEW: � N/ . - ,� ', � SIGNATU, " I i' a REVIEWED BY CITY MANAGER: � � ,�'� � �� ITEM FOR COUNCIL CONSIDERATION: Consideration of work proposal from Short Elliott Hendrickson, Inc. (SEH) for engineering services to design the City's sanitar�r and watermain utilities as part of the 66t" Street Reconstruction Pro'ect between 16t Avenue and Xerxes Avenue. I. RECOMMENDED ACTION: By Motion: 1. Approve the hiring of SEH, Inc. to provide engineering services for the design of sanitary and watermain utilities as part of the 66t" Street pro'ect at a cost not to exceed $180,000. II. BACKGROUND � Consistent with City Council direction, the City's Comprehensive Plan and Capital Improvement Program , staff is working with Hennepin County towards a program to reconstruct the balance of County Roads within the City of Richfield. In 2012, the County was awarded a federal grant for the reconstruction of 66tn Street to be used in 2016. 66t" Street Reconstruction Hennepin Cou hty was awarded the federal funds for the reconstruction of 66tn Street from 16 Avenue to Xerxes Avenue and will be the lead agency for 05132014SEH66thUtilities preliminary design, final design of the roadway elements, and construction. If the City desires to replace the underground utilities (sewer and water) the City is responsible for providing final design plans to Hennepin County. Staff is recommending SEH, Inc. be hired to complete the utility design on behalf of the City. III. BASIS OF RECOMMENDATION A. BACKGROUND • In 2012, the County was awarded a federal grant for the reconstruction of 66t" Street to be used in 2016-2017. • SEH, Inc. is in the City's Engineering Consultant Pool and is an ;i experienced engineering firm. They have submitted a proposal to I provide the City sanitary sewer and watermain design work for the 66tn Street Reconstruction Project. • City Staff negotiated the tasks and the amount of time needed for the tasks. The total contract amount cannot be exceeded without further Council authorization. B. POLICY • The reconstruction of 66 Street is identified in the City's Comprehensive Plan (Transportation). • Council approval is required for expenditures over $100,000. C. CRITICAL TIMING ISSUES • The City will need to provide the plans to the County be the end of 2015. D. FINANCIAL • The total estimated cost for the 66th Street proposed work is $180,000. • The anticipated funding source is Street Reconstruction Bonds. Alternatively, the work could be funded using Utility Funds. E. LEGAL • The City Attorney will be available to answer questions. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S� • The Council may choose not to approve the work proposal at this time and direct staff on how to proceed. V. ATTACHMENTS • 66� Street (CSAH 53) Proposal of Work from SEH, Inc. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. � �.j SEN Suilding a 8etter tNorid {or AI3 t�f Usg SUPPLEMENTAL LETTER AGREEMENT April 30, 2014 RE: Cit�r of Richfield, MN 66' Street Water Main and Sanitary Sewer Reconstruction SEH No. P-RICHF 126575 10.00 Kristin Asher, PE City Engineer City of Richfield 1901 East 66`h Street Richfield, MN 55423-2599 Dear Kristin: Short Elliott Hendrickson Inc.�(SEH)sincerely thanks you for the opportunity to assist the City of Richfield (City)with the 66'h Street Water Main and Sanitary Sewer Reconstruction Project(Project). We will provide our services as described by our task hour budget(THB) enclosed with this Supplemental Letter Agreement to our Agreement for Professional Engineering Services dated February 22, 2011 (Agreement). Based on the Reconstruction of City-Owned Water Main and Sanitary Sewer Along County Streets Overall Study adjusted to 2014 dollars, the estimated Water Main and Sanitary Sewer reconstruction cost is$3.14 million. Our proposed not to exceed fee of$179,913 reported by our THB is 5.7%of the estimated reconstruction cost. Our not-to-exceed fee includes reimbursable expenses. If the City accepts this Supplemental Letter Agreement, we will bill the City monthly on an hourly basis for our labor and reimbursable expenses to complete our work in the project area described by the enclosed map labeled Figure No. 1. We will provide the services described by this letter and its enclosures according to our anticipated production schedule given below. Row No. Key Milestone Date Work Item Description 1 May 14, 2014 Notice to Proceed 2 December 2014 Preliminary Design (30%) Complete; Review Meeting 3 June 2015 Final Design (75%)Complete; Review Meeting Engineers � Architects � Planners � Scientists Short Elliott Hendrickson Inc.,10901 Red Circle Drive,Suite 300,Minnetonka,MN 55343-9302 SEH is 100%employee-owned � sehinc.com � 952.912.2600 � 800.734.6757 � 888.908.8166 fax Kristin Asher, PE April 30, 2014 Page 2 Row No. Key Milestone Date Work Item Description 4 January 2016 Bid Document Preparation (90%); Review Meeting 5 March 2016 Plan Submittal for State and Federal Aid 6 April 2016 Bid Document Preparation Complete; Bid Documents online 7 May 2016 Open Bids 8 June 2016 Begin Construction This Supplemental Letter Agreement, Figure No. 1, the THB, and the Agreement represent the entire understanding between the City and SEH in respect to the project and may only be modified in writing if signed by both parties. Thanks again for considering using SEH for this Project. In the meantime, please contact me at 952.912.2624 or aditzler(c�sehinc.com with questions or comments. Sincerely, SHORT ELLIOTT HENDRICKSON WC. ��.�Yr/C.. � �`v"" l f /%�� Aaron T. 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AGENDA ITEM# 6F REPORT# gs STAFF REPORT -�� ' ''� CITY COUNCIL MEETING f _ MAy 13, 2 014 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR N,vuc,TiTLE DEPARTMENT DIRECTOR REVIEW: � ^�g �� ,d �, /� �,��,. ;�.� � ��SIGNA RE � OTHER DEPARTMENT REVIEW: ?, N� f ! i � ,r� � SIGNA , ��' I� � -�� I REVIEWED BY CITY MANAGER: �� j 1 �._ ��.._.._...._ ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached Agreement between Hennepin County and the City of Richfield for funding soccer goals and equipment in the amount of$7,500. I. RECOMMENDED ACTION: By Motion: Approve the attached Agreement between Hennepin County and the City of Richfield for funding soccer goals and equipment in the amount of $7,500. II. EXECUTIVE SUMMARY The City received a grant from Hennepin County to help fund the purchase of soccer goals and equipment in the amount of$7,500 through the Hennepin County Youth Sports Program. To receive the funds, Hennepin County requires City Council approval of the attached grant agreement. III. BASIS OF RECOMMENDATION A. BACKGROUND • The grant will be used to purchase 4 new soccer goals for ponaldson Park and anchors for all the existing soccer goals in Richfield parks. • The grant does not require matching funds, however, the Richfield Youth Soccer Association agreed to provide an additional $4,000 to supplement 0225 Taft Park Sublease the project. The total equipment cost is $11,500. • The City of Richfield has received a number of Hennepin County Youth Sports Grants in the past including a $240,000 grant to help fund the renovation of Lincoln Athletic Complex in 2010. Richfield is fortunate to have a good relationship with County officials who are supportive in promoting healthy active living through youth sports. • Soccer goal anchors are used as a safety precaution in preventing the goals from tipping over. The new anchors are designed to efficiently detach when moving the goals. B. PoLICY • The attached agreement is a requirement of the Hennepin County Youth Sports Grant and City Council considers and executes these types of agreements for the City. C. CRITICAL TIMING ISSUES • Soccer season has started and kids are eagerly awaiting the new goals. D. FINANCIAL • There is no cost to the City of Richfield for the soccer goals and anchors. Funds are being provided by the Hennepin County Youth Sports Grant and the Richfield Soccer Association. • The total project cost is $11,500. E. LEGAL • The City Attorney reviewed the attached agreement and has reviewed this staff report. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMIvIENDATION�S� • None V. ATTACHMENTS '� • Hennepin County Youth Sports Grant Agreement ' VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None cc�ilcia�t No: A14o3�5 AC;ItEE��ENT Ft}I2 ��'�'I' OF�ti�'H'�'I�1�...,]E� 13t�ItitAI1I)S�1V �'r��:� 5��3�CC�T��3r�LS 'I`I�iS A�re;c,zz��nt is bet�xreen tl�i Ct�u��ty a�I-I�;l�n��in, State c�f'�!I'i��aesc�ta (::�:OUNTt`Y"), A-23U0 G<�vern��i�nt Ce�a.ter>Minnea�at�Iis, MI`�1 554�7, a�d the City c�f R:ic}�field,7(�U0 Nicollet Ave, Richfielcl, M� 55423 (:'I..(:)Ct�[.Cw1I'+i:i`i°C7F CC.��EI�NMEN"l"']�ereir� `'LGU"3. Ree�t�ls 1. S�cti��1473.757, Sr:iL�c�. 2 c�f Mi7�ncsat�Statute;5 authc�rire�:I�ennepin C'c�ua�fiy fic��nake �-a3�ts for y�utl� �et.ivixies��nc� yout�x and ana�teur s�oz•ts witl3in Hennepi�n G�ui�ty witl� cez-tain �un.ds c;oIl�cted as �ari af�tfze s�les tax autl�orized in Sectic�n�73.757, stirbd. 10 of Minnc;��ta St�tutes. 2. �'u�•su�r�.ti tc> Henne�a��Ge�unty Bcxard.IZesolu:tit�n(}9-t)3ZQR3, Het�i��iz2 C"nunty exe�tc�c�i tl�:e��lenne�in Y�uth apc�a-ts Pre��r�tn1. T.he��cn7��}�in Yc�uth apv�•ts P�•c��ram f�la:kes �rants fo�•youfh spor•ts �n�i actavzti�s ancl �tal�at�ur spc�i�Cs ��itilin Henne�ii�C�tmiy. 3. In 2t}13, as part c�i'tti�Mezxnepi�� Y�utlx S�oz-ts 1?i•t�gr4�z�1, by:Resc�lutic�rl Nc�. 13-(J��S:R1, He��nepir�Cc�unty ��utl�c�rizec�an �waa•d �#�7,504 to t1�e LGU fo�•�c�ccer�c�t�ls�t I�c�naldson I'ax�l�. 'NU1�f, TIiE:RL;F�R£:,> tl�c pa�-ties lze�•et:o cic�hercb�ag�•ee as fc�llotx�s: 'I'lte��ai�ies �gree�5 fc�ilc�"is: 1. TERM AND CC)ST t�F'1'H�F�GIZI:;EMENT TI�e LGLJ ��;t•ees te�cornplc;te ai�tl}��•ovicie a11 ne;cesslry c�c�cuinentatioaa ft�z•}�ay��eni fi��- t11e Froject ci�sc�•il�UCl in Sectiozl2 between.Taxxuary l,2014 �n.d D�ceinb�r 31, 2t?l4. Tl�c; t~C�[1N'I'�'agrees it� cc��alr-rt��.�t�, az1 amount rzat tc� excec;� �7,50�tn ihe LGU fur ttle P�•oject. 2. [.JSE�F FLJNDS '.I'lie LGt1 s1�a11 use �:ll fc�i�c3s reeei�-c;cl urlc�e.r tliis�:�;1°ee;r��ent fior caltstruction c�i'tlze Pz•aj�ct iz�accc�i•c�anue��itl�tizc applicatiozl sut�n�iitec� by tl�e LGU #o tl�e Uli�zz��;5�ta Ar�lateur S}�c��•ts C'�3n��liss�t�n. Tl�e a�a��licatian#or t:Iie Pz•c�jcc:t el�ted Marc11�,?()14 is c�r� , filc.witii I-�ennepi�l C�uniy anci t}ai.s ��p��lication is i��caz-�oi•�t�.d itlfio this A�r�:etnc�it by , tl�.is ref'erence. Tl�e LGU sha11 bc salc;ly responsit�le f'ar secirz•in�;aIl adtlitioi�ai funt�s i ile�dec� fo�cc�in��l�tion of the P1•c�ject. Ttie parties sliall cc�c��erati�=ely�;x�� cc�llahorati�.�ely�Ie�-elc��.I'��c�ject mai•l�etin�;znctueiin�; t�ut�zat li��itec�tc� a peril�anel�t I�l�que�r si�;i�,neu�s i•elc.ase;s, }aublic�n�1o��1ce��n:ts, sc�ciril n��di��,vic�co, c;ivic o�ap�r-rcu3iti�;s, Ic��c�s�nd co�nznunity e�tc,i�ts. 'I'he 1;GL7 sl��ll nat �:nrea�c�n�l�ly�•efi�se or��itlrl�nid��nz-tici��atit�t�fi�on-� �ny CC3tJN'T'Y ir�iti�itc;d 7azarketYi�� i�c�je�t,�la�l a�-strate�y. Tlxe I,GC.1 shalt p�.c�vide ad�taaxce ca�y of tl�c I�GCJ's inde:�e;��ciently c��vcl�}�ed n�essa�iil� �ncl i�larketia��1��t�.rials re�;ai•di�i�the 1'rc�j�ct tt�C�U�ITY i'or rcview anc� a��7roval. CC�LIRTY ti�<�y, in its sc�l�c�isc;reti�il, �•ejecT any l�rc�pnsc;ci ;z�a�•k�ting ifCOtJN'l"Y tiete;r•n�in�s fl�e prc��secl �z1�it•ketii��; �i�es nc�t r��lect tl�e s��i��ii c�i•r��tcnt of the;T'rc�ject,tl�is �r�nt or is c�ther�ise cc�i�t�•a�•ti;tc� Ct��JN CI''s best ii7tel�e�ts. t1�ao�i coni�l�;tit�n Qf tl��rc�jec:t,the LG'U s1��ll pra�:ric�c:i��tc�rn°�alit��,d�ta, statisfiics a71d c�tl�e�•n�et:rics rc;Iatec�to tl��rc�j�ct, facilities,pa�-�iei��xirts ��i�dlor rc:lat�;ci activitie�, ii�c.luclin�i�ut l�c�t lii��ited tc��is��e��uinb��•�, u�ho is u�in�;t1�e��a�-k, and w11at c;1a��es irt� usabe v�Tez-c notect. This infc�i�nzatic�n s.E�a1l �ie r�roviciecl wi#l�zz�on�;ycar of cor��1�letian ar►d. oYZ an ania:u�l basis i't>r t��o yeaz•s tl�ereafter. 3. F'AYMENT F'C3I2 SE:I�VICES A.tl f'ui�c�s 51�a11 be paic�io LGI� afte��C�UNTY h�s a�re�:d that the P�•t�jeci is c�c��nplete, dezx�t��tst�•atc;c�l�y a Certi�catc:of'�ccu��ncy wl7en applicable oi•aia A�fiic�lvit c��'roj�ct Cat��Ietion (See Attacllmint A). In �dclitit��a,`I"l�e Z�Ci1J s1.��11 sul��ilit invc�ic:es i�or Yt•oject e�l�e��ses wit�i a lc;ttez��uliicl�wil:l l�e f'ui-nislied by tlle COIJ1vTY (se�:Atta.�11�1Yer1t B}. Ti'tl�e tc�t�l cc�st af tlie com�I�ted Prc�ject is les�tlxan t}r�. amount ic�entifieci t�y Chc LGU in tl�c;bud�et t11e L,GU subnlittecl foi-ttie I'i•c�ject,thc CnIJNT'Y"s}�a�rmez�t��:ill be�•eclucec� ba5ec�on��»�c�r�ta sh��re of tf�e c3ifference betl��een tl�e bu�i�etee( �inouzlt lnrl tl�e rletua.l �in�c�i�nt.. P�yme;t�t s.l�all he;r�l�cte tlirectly t�tl�e L.GU «pc�n tl�c;�a�•c;sen�atic�r��Ea cnin��let�:cla:im in tihc:aa�atuie��rc�vic�ed l��.l lav�r br,verilii�;tf1c; CC�IJNTY'S pay171eni c�f'clain�s a�ldlc�r inv�ic:es. �'ay��l�nf sh�ll be m�de��jitlrin forty-five(45) days f`ram Y•ec�i�t of tlle z�l�;oice. 4. PRC)FESSTt�NAI,C"RT�D�'NT11�L.S I�IT�N'�'I�I�AI.,I.�'� C�N��T"�'�� 5. I1�DE:PE�fDFNT CC)NTRACT4R LGU s1�aI1 seleci tl�c;i�iea:�s, ��iethod, �nci in�nner•�f performing#lze s�rvic:es. Nc�lhial�is intenc�ed ar s�ai7ld I�e coi�stl�ued�s creatin�c�r est�blishin�;tl�e relatianslzip of co-�aartnurs bet��een tl�e��t-ties aa-a5 constituti.n�LGU as the a�ent, i•e��resentali�Pe, c�r e��loyee�f the COUNTY fc�r any put��5�.. L,GU is�r1cl shall�•emain an izicie��enclent I,CrU fnr�11 Ser��ices��et•foi-n�ec�uixdc�r tllis A�reer��e�it. LC'rU shall secure at its crwn expense a11 persan�sel rec�uireci in �erfc�nl�in�;sel•vicf,s t��t3er tizis.A�;z•eeme��t. Any}�ersc�niiel c�f LCU c�x•e�th�r�crs�ils r�zhil�;en��geci in tlie p��•for��tance c�f��y tivoa�k ax s��zc�s i•�qui:r�d by 2 I�GU ��rill ha�7e nc� cai�t�•�ctual relatic�nsl�ip wiiI1 ihe COUIti`T4' arzd G��ill i�c�t�e�;c�ns�dered ein�lc�yee:� c�f t11e CfltJNT�. TI1e CC)l�'I�'I'Y sl�all nc�t l�e x•espnnsil�le far�iny cltiiz�s tl��t ar�is�;out c�f'e��lc�y�n��r�fi or�lle��i et��loyn�tent unc�er th�. Vl:i�ulesc�ta Econcu�lic Sec�uriiy L�w ar tlae�?Vork�rs' C:or�rpensatic�n Act oF tl�e State c��Mit�rresota c�n belialf of nny ��crscanncl, i��c;ludin�, ��athout liir�it��tac�n, cla�t�ls oI.'c�isc.rimiilatioal a�,ainst LCU,its c�ffic:�rs, �gcnt�, LCt3;;, c�r cn�plc�yecs. GGU sI�►G�II cic�:�:z1d,iY�cte��z�i:(:y, a�ld hc�1c1 l�Gtrnl:lcss the C`C)UN'I"Y, its c�f�iciZls, ot�e�:rs, ��ez�ts, volu��teel�s, ant� e��x�l�yees �r�z�i al��ttcl� cl�iii�s ir�•es�e�ti�=e;�I'�ny�et�;r��ai��ation of��ny pe:z�iiale:zit t�•ih�►na1., ��;ez�ey,bUarc�. coni�aaissini7, ar cau�-t. Suc}�pers+�nnel ni�t�t12��°persc�ns s3�a11 neither require nnr be eniil:l:eci tc7 �a1y cc�ri��ei�sc�tic�n, ribl�ts, c�r ueile�ts of any ki�3c1 fi•c�fn tlie COUNTY, includin�,�uitlzc�ul la.�a�it�ltac�n, te.nu��e ribl�ts, zz�eclical anci}i�s�aital c>�re, sick anc:i vG�catic�r:z Ieavc;,Wc�rkers' Co�z°�rac;��:��Cia1a, Re-e;n�plc�y�nc��t C'ornpensation, cii�al�ility, se��e�•aa�ce;�ay, il22Cj FLti1I°C'.11YG111 �t'II��ItS. (i. NQN-DISCRIMIi�ATi(�N A. t:n �ccortl��7ce;y��it3� tl.zc,C04TN`t'Y'��c�lici�s ��ainst ciisc�'imirla.ti�n, LCU agre�s t�i�t it s1�all��c�t e:xcluc�c:any�aerson fi•c�tn 1'ull e1��loyment ri�;l�ts nc�r pr�l�ibit ��ar•tici�atioi�i;�1 t�r 11�e ber�etit;;ofi, ��t�y�rc�gz-ar», sc;rvice;or activity c��l tl�e�rc�ut�c�s �f r4�ce, c��lc�x•, c�•ceci, reli�ic�xa, �ge, Sr;x, d'asability,�n�rital s��tus, sexu�l �rie�itatio��,pu:t�lic a.ssist3l�cc s��.hts, ar��ati�z�al ori�;in. �o persoaa �vha is ��rntected l�y a��}�l:ic;abl�;.F'ed�;ral ar St�it�:Iaws��;ainst cii.scri��lina#it�r� sl�all t�e 5ubjecl�;d tc�discr-i�nil�atiui�. � 7. IN�1l�MNIFIC;AT7C�N �,GU �i�;rees to c��;fe«d, i�ide,�llt�ify, anc� 11a1d liarl.��IeSS tl�e CC?UI'hTY, its ot�icials, o��icers, ��;ents, vc>lurzte�rs and e�lz�l�ye;es fi-�1n ai�y tial}ili�y, clai�a�s, c�uses o('actiol�,juct�n�e.t�ts, cla�Tla�;es,lo:;�es, costs, c�r cx�enses, incluc�ing r��s�n�ble zttc�z•nc;y's f�es,re;sulfiin� ciirec�tly�r incticectly fi�ou� any act c��•c�znissi�ti of Lc:�t1, a st�bcontr�ct��•:hired tay the LGIJ, �ny�ne clirectly ar incli�•ecfily ezi�played by t)��, �tild/c�z��nya�lc#or��rt��asc,acts a��dior�inissic�ns tl�ey m��y l�e iial�Ie in the p�rfor�n��riee c��'ti�e services�•equii•ec�l�y tllis Agreement, �xnc� �i�;ainst �37.1 loss by re�isc�n t�f ihe f�ilur�c�f LGU tc��erft�ri�� ny c�bli;;�itio7l under tl�is A�;rcezl�e:nt. Nc�tlling in tt�is A�reetia�nt canstitu.l�s ��ai��r�y t��e LGUs c�f aziy statutoiy o�•aoiilinon la��defe:z�ses, i�n�nuzrities, c��lin�its t�n l:iat�ility. T11e LGUs cannot l�e required tc��ay a�� b�l7alf c�f theii�s�lv�� a►i� Ct?UI`%ITY t� a thir-d p�_��ty, any�zzlou.t�ts i�z cacess c�f t11c Iin�its �t11i�l�i.lity estal�lisl�ecl i�l Mir��lesot� St�tuTes C`ha�ter 4(i(i Z�?�IicZble to az�y c�i1c��arty. T11c l:i��lits cf liat�ility lnr CC)t,?�JTY a:r�cl I.,Gt7s��Z�y i�c�t l�c acitl�ci to�;�;tl�e�•tcz c�e;terrtlita�; tli��axz117un� aanount c�f�liability fc��•LGUs. �. DATA I'RACI:CCES � LCCI; its offic�rs, �l�wnts, owne;z•s,p��-��a�x•s, �:��alc�yec;s,v�l«�ztcers an�l sut�I�GUs shall abicle by tlle��t-c�visi�ias of 11��;IvIiall�t�sota.�i��<erninent Data Pi•�ctices Ac;f, IVlinnesot� 3 St�tutes, Ch�il�ter 1.3 (MGn�'A.},tlle,l-Ie;�It1T Insurance Pc�r��iUility anct A.cc�unialaility Act �ncl iiilpleit3cn.tiz��;l�eg�il��tinns, if�j��lical�le, ��nct a.l1 c>tlier��pplyc�t�le st�te and #'ecieral 1��,�s, r�.�les,z-e�ul�tic�ns ancl c�rc�c;�•s�•elatii��;tc�d.at� ��rivzey c�r et�ilf c�entiality. :I1�L,GU ci•c;aties, cnilects,l�e;ecives,scc�res,uses,.i�naintains or c�lissezi�i��ates ci�ta because it�ei-1'orms functicans of�l�e C()L)NT�'�uz-stiaa�i t�this A�reei�n�nt,th�n I,GtI i�lust cc�m�ly��itl1 tlie requi::z•et1�u11ts of il�e NIGnPA as �i':it w�:�•c a�;ove�•nrllent en[i:tY, �ilc�a7�ay l�e Iz�lcl IiaY�l�; undc;r•tl�c N1GT3I'A i�z•�ioncoz�7}�li€�ncc,. LCi'U a�rec:s tc� ciefentl,incle�aini:fy�zxlc�llolc� har•nale�s tlle;Cf3UNTY, iis caf�cials, c�i�cez•s, a�u:n:ts, en�plcryees, �ncl voiunt�;er•4 ti•oiti ��iy�;l�.iins resuIiil�g i�•�rn LGU's of�.c;ers'; a�;e�its',o��v:tlei•s', p�rtners°, enx��lc�yees'> ueltrr�teers', �ssi��ees' c�t•sut?L�Us' unlawful �iscic�5ure�i�3c1/c�r usc of sucl��rotecteci clat�, c>��c�iher noi�cc��zl�alia�lce witli the;rf,c�uirc;r�leilts�f this seciic�r�. LCU n��ces to �ar�xalptly�1c7tifjr iJ��.L()UNTY if it be;con�e5 a«r��re c�#'1ny pc�tec�ti�l claazx�s, c�r�lacts�ivin� risc tc� sucli clain�s, �c��c�cr tl.�e MC�DF�. Tl�e ict�il�.s c�f tl�is sectic�zl s1�a11 survive.tl?e; cancellatio�� c�r tet•n�in�.tic�n vI't1�i5 A�ree�a�e�t. 9. REC,4I�.DS—AVAII,ABII..I'T"Y/AGCESS Sc�l�jecfi t�tlle rec�ui�•i;rne�lts Ui'I�!lit�i�esc�ta Statutes S�;cCio�a 16C.t}5, Scabd. S, LC�U��r•ee;s tl��at the CC�UNT`�', tl�e St��te A:ud:itc��•, t12e Le�;isl�tive; �ucfitt�r�r•any of tI�e;ir aufhc�ri�ecl rep��esex�tatives, at�X�y ti�xzc rl:izrin�i�c�niial bu.si�les� llc�ur�, a�.�d �zs ofte�i a�t]�ey�z3.ay i°c�san�bly cleena i�e,cessaz-y, sliall ilave a.ccess tU and the ri�,1�t ta �x�:mine, audit, cx.cer•�i, �n�i tz'azisc�•ibe any bc��ks, docuz�Z�l�ts,��a�e�•s, recoz�c�s, etc., �F�l�iel� arc pei�ir°te,i�t tc�tl�e accc�ui�iing��rzctices a��c3}�x•c�ceciure�of LGU a��ci iz�volve t�•�tnsactzoYls relatinb tt� tl�is 1��reement. L�(I�1�.�.11 ix�ai��tait� t��cse;�x1a.t��•i�tls an€� �lic}w accc;ss clt�ring il�e}��rioci�i' il.�i5 AgreLr��ent ar�ci;fc��six {"(�) y�e,Zt�s �ftei•its t�rnii:nG�tion o�•c.��ncell�Tic,n. i 0. SUCCESSC�F�t:S �Ul3CONT:EZI�1C'TIN(.i ANI� �SSIG��IVIET��TS A. LGll l�irlcls itsci[,its par°trxer�s, �uccessc�7•s, assi�ns ancl leg�l re�ai•esentativcs to th:e �C)UNTY fc�r a11 c:t�vez��its> ��reen�ents an�i c�blig�itic»�s c;Qnt�ineti in the c_an:tr•act dt�cui�zent�. B. LGli s11a:I;1 a1e>t�ssigt�, �ransfe��c�r ple:c��;e tl�is �.�;ree�t�ent az�c�it�r tl�e�ervices t� ��; perfot-n�c;d,ruh�ther•in wl�c�le s�r i��art, r�o7�assigtl any inc�nies due c�r tt�l�ecc�ta.�e clue to it ��ritlic�ut tl�e prior r�rrittc�� cc�n�ent c�f`tl�c;C{JUN1`Y. A conse�zt io assi�t� sI1a11 be;;�ut�jecl to slich ec�nditic�i�s nncl��rr�visi��s ��tl�e Gt�UI�1T�'tnay deefal tlecessa�•v, zcc;c�tnk�li5l��;c�by exec;uti�r� c��'a for��n��•epa7•ed by tlZe CC}UNTY ��nd si.�;n:e:cl by LGU,tl�e;assi��lef:and th�CUL7NTY. Perniission iU ��ssi�;n, he�we�,7cr, s1��11 uncier nc,�ciz•c�7i��st�rice�;relie;v� I,(�U c�f its liabilities �x1ci�bli�atic�ns undcx° thc� Agz•etirl�erlt. C. LGU m�y subc:t�zatc-�ct fc��t11�siz�f:iees tn he pei•foi�l2�:d pursuailt tc�this c�ntr�act. Fex-n�rssion to sut�cc�ntract, 17c�v��ever, sl�ail uz�der z�v cir�t;umstaalces re.la.e�le LGll c�f its litlt}ilztic�s anci nt�Ii��tion�ur�clei�the�gr•eenlez�t. Fu��ilae.r, I1GL1 shall be�u(ly respni�sit�te f:or tl3e acis, ainissions, aflc3 iriiluz•e af its su�I.,GUs iz1 tl1c;}�ez-fc�ri��ailGe oi'tl�e speeifiecl cc?z�trnc�al ac;.��vice�, naa� ot��;ison(5) ciirectly or in�irectly 4 e�n�rlayc;d l�y subl�CTlis. Cc��tracts l�et�,ree.t� LCiU ailcl es�c_l� sui�LGU shall r•ec�ui�•e tllat tl�e;sul�LGt�'s se:r•vice;s be��erf'orn�eci i1a accar�i�tnce�uith tlie terzns 1i�c� cozlditiorls s��ciiiec�. LCr'U shall z3.l�k:e cantracts i�ct��een LGt1 ax��d sut7LGUs ��v�ilable upc�n z•eqtte��. 1 1. VI:ERGF:R�'�iD MQDI:E�ICATIC3N A. lt is u��rl�z�stot�rl ancl agi•e�d tl�ai the�nnti�•e A�'eez��ent between tl.ae l�ar~ties i:S cailtained h�;re:ir� ��ici tl�at tl�xs A�;r��;rj.�ent su}�ersedes <�Il oi-al agre:�n�ents an�1 ne�,�at��tic�ns bet�vee:n t11�;pai•tie;s r�tatin�;tc� the suE�ject i�zatterr. .A11 ite;�l�s tll�t�:��: �•e;f`e.reneec�o�•that ar•�1tt�c;.l�ed a�•e inc��c�rateci and inac�e �►ptirt nf tliis ��-�;e1lTent. Il'tltei•e is any c<>�iflic;t l»t�rfeen t11e t�r��?�c�t th:is A��rc:em��t anc� re;£ei•e�iccci or Eittaellec� iieills, t11e te�-t11s r�fvil�is f1�f•e�t��aent shall pt•c�vail. B. Ax�y a.lterat:icans, variati�ns, ;not�'rfcati�n5; rn•�,�ai��ers c�f�7�•c�vi.si.c�iss o�'tliis A��•een�ent SlZalt c�zsly��vt�liei �x�he�s tl�ey liave t�een �•e�luced tc�ti�-riti.��b��n ��zalenclnae:tlt tc�lliis A�;reex�tf;n.t signeci l�y the parties. 12. DEFAULT t1ND C`f1I'.�G��_,I�,ATIC�N A. Ii�I..GU f�ii15 tc��s�1•Cc�li37 �.ny o�'tlz�prartisic�ns c�f this A�;z•ee�netlt Ur aa fails to �idz�linist�t�tl�e ��Jcark a5 tc� e3�ci.ailber tl�e�urlor��.n.c�c�f ih�A�;reez��ei�i, it slla[1 be i�l cle:f'ault. Ll�lless IsC'rU'S cieE��ult is excus�d�y the C(JUi�i°T'�', tl�e.COUNTY ��y u�c�iz w�•itten r.�otice in�xnediately cancel tlai� A�z•eenleni in its��ziii•�ty. Aciciition�lly, faifGxre t� cc�rnply witl2 the ter•t1�s oC tI�is �;;reeme��t sl�all bc:just c�use fa�•ttle C�G�NTY i� cielay payz7iei�t��iztil LGU's c�i��l�anc;e. Iri tl�e everlt 01'a c�ecision #o w:ifh.holci�aay�xzen:t,tlle Ct)L)NTY sha11 fu�-nisll ��t�ic�a��1•itten notice t� 1_GC:1. �3. Tl�e al�o��e rcrnedic;s sl�all.be;in t�c�ciit.ior�te� a.��y otl7er ri�ht o�-r�xnedy��rail3i�le ta tl��;C�UNTY urldcr th.is A.green7�nt, law, si�tute, �-ule, t�ndJ�r ec�uity. C. The;C�UN1'Y's f:�ilui•e to i��sist u�c�7�strict pei•f��rniatsee c�f any provisiol�ar ta exercise�ny�-i�ht��x�det°this A�;t•e�t��ei�t sl�all��t��de;erned a relinc�uislia�-i�;nt c�r ��azvei•oi'tl��;sax��e, utile;;s cc�i�sentcd tt� i11 w�•itin�. Such c;onse�lt shall nc�t canstitute a �ene;�•�1 ��aive7•c�r i•elinqui�;h��ent th.c•c�t�ghUUt Che�ntire;ten1�o�'th�; �1�z•ee�llent. I?. TIais A�i�een7e,itt�nay i�c c��:n�el��i u=it1� c�r��iil��ut ca��se l�y cii.l�.et�p��i•ty ir�ac�i3 ti-�iriy(�tl) �ay written r�c�tice. If C�`flUNTY c;aixcels t}1is A:�reel��ent ti�ithout c;atiise u��n tl�irty c�ays�rr°ittc;n nc�ii��, Ct�1lJNTY sliall�3�y t11�; LG1J i•casonable ex�ers�es i��c�u•rec�f�ric�r to tl�e zlotice of cancellatio��. E. Provisic��ls tl��t by tl�eii•��atutye�rc� in:te�lc��cl tc� survive t��e ter��, c�nc�i(atioz� or t�:�l�i�i�tic�n c�i'this.A.greea�zel�t irlcl�.ule hui�re n�t 1inlitecl ta: INI?EPENT�EN'1° CQNTItAC'TC�R; II�DEI�NI'E�ICATIC3N; DAT� I?RACTIC�S; R�CURDS- S AVAIL�BILITYI�CCESS; L?I:Et�CTI,T AND CANCELLATTC7N; PRC7MC�"1'IC)Nt�L LITERATURE; Eii�d��IINNES{)T�LAW G4V�IZ:NS. l3. C(�N7'I2ACT PR(3CESSII�;C'�ANT3 AI�.MI:�ISTRI�.TION "f°he �Vti��nes�ta AE11�itet�i• S�c��•ts C;t�t3l�t�issic�r�("M�SC_'') �vill sr;�-ue as staff liaisc�n in tlxc: . �;��nt pr�c7ces� aci�l�i��istz��tic�n. R�s�x�nsibiIiti�S��ill incluc�e l�ut x��t�e;lin�zte�l tc�: �c�r��ta�•din�;�ll rcquix�d �7•�z�t 1��•t�cessi�a�c�oc;umezats tcf LGU; and fc�rwat�cling�p�rc��ri�te c�oau�i�ents tr� Ct�UNTY f�r p�•c�cessi�l��ncilaz�execuriot�{i.e., gr�7�t colzt�-ac;t��id inx�oic;e requ.�;sts). MASC «�il`I ser�}e�s co�lt�c1 fic�z•�;rant adnlinisti:ati�il ancl�or�n•c�ccssinb irlcittiri�;s. J�e M��the�fs, c�r• succ,e:sst�r, sliall nlaila�e tl�is A�;reex��.eztt t}n beha:lt c�f tI�c;CC?UNTY <�nci se�•ve a�coiatract li��ison�eitiveen tl�e COUNT�' and LGLJ. 14. C(7M�L:[ANCE AND NQ�N-I�E�ARM�NT C�::EtTIFICATIQi�( A. I..Gli sl��ll cczn�ply E��it.l�c�ll ��l.ical�le feder•al, state a:l�ci 1oGa1 st�tirtes, �•�;�ulafions, g•uies t��ci oi-ciiiaa��ces cut�•ently in fc�i��;or l.ater e��acte:ci. 13. If't11� soul•ce c�r��artial 5au�•ce c�f Fuir�s for p�tyn�eni of sc�•vrces unc:�er tlais A�;rec;nze»t is .Ce,derat, st�.te oz•c�t]ae�•�t-ant�no.i�ies, LC;U sl��zll cfl1��;�1y�vitl�ati a�r�licablc c;o:ziditi:c��ls�#'t��s�eca�ic r•�f'ere�lced c�i-�ttrtcl�ed��:�i�t. C. LGU ce��t.i�e;s tl�at it is tiat��t•c�hi}�it�ti Crc�u� cic�in�busine�s with eit'lxci•t11e fecie3,�1 gt�ver-lu��ei�t c�r•the State r�f Mi:nnesat� �s a x�esi�11 01�d�l��rznent vr s��spe�zsia�i �raceetlii7�s. 15. NC7'T°IC;FS �ny natice c�r dea�xa��c� r�{hich��usf be given ax�Y�jade E�y a��a�ty unt�er this A�r�emer��or any st�tute ar arcli��aalcc sl��ll be in writai�;, anct s��al.l tae sent T•egi:;tereci c�i•ccrtified i�zfiil. Ne�tices ta t11e C(JUNTY s.l�all be se��t tc�tl��Cc�unty Adn�i�iist��atc�r�vith a c;o�y tc7 ihe o�•i�it�ati��;Dc;��aY�i��ciat�zt fh�.zcic�ress �;ive�7 in ille;c�}�ei�iY�;�a�•��r�p11�f tlie Agr�ec��lenY, �1c�tic�:t� LGU s11�11 br:s�nt tc�1:1�e adclress statec� in thc c�pea�a.in�;}�ar��;�•�3�1a of tlle Agreeixi��Y. i t?. I'RUMC?TIOa�'.�1L LITE:RAT[1�E I� I�.�itJ ��g�•e�.s tlaat tl�e tc��i�ls "Ner�xsepitz Lozint�>" o�-an}f deri�rative s11a11 �ie�t b�;tiCiliz�d in �z�y prc�il�t�tic3n�1 litez��tuz•e, ��i�fe:rtiselnerl:ts ofany ty�3e ar•i'or-�n c�.r cli�r�t li�ts wi�iout tlie e�pt��.ss�rior�;=.i�itten ct�xasent of tl��COUNT'`r'. Ci 17. MINN�;SC?TA I�A�%S GOV�RN T11e Laws c�f't�ie�t�te c�f Mit��esc�ta shall �;ovc;�'ti ail c�uestions a1�ci ixatc�-��ret�tior�s e�ncer•nin�;the�raliciity �t�rl c��z5tructic�Xt o#.'tliis.Abreeinent a��d the le�al rel�tiozls t�etween tl�c p�rties rin.ci ti��ir perfc��-��ance. The a��at-al�x•iate venuc atld jui-isdictic��foi� anv litig��t:ic�n��Ji_ll l�e thct��c>urT� lc�cat�::c��ithir� thc;Cour�ty c�f I Ie11i��in, State o:f' Mizinc;�c�t1. Liti��tion, l�c>�n=e:�te�•, in i11e ferle;ral ca�u�s invc�lrring tl�e pa��ties��ill t7e in tl�� a��t•o��riat�fect�;ral cc�u:��t��r:it}�iil tIle Si�te Qf I��Iiii�lr;sat�. If any�rovisi.vil�f�tlii� A�;reer�7ent is laelc� invalit�,ille�al oi�uzte.nfc�i�ceahle,t}�e reYllainin��•ovi�io71�tivill nt�t t�e �ffeetec�. TI-ITS I'C}IZTIC�N UF Pr`�GE INT�NTInI�IALL�'.LEI'"�"B1:,ANh 7 IaGCi �:UTHORIZATI(�N *I,GU: By�: _ _ lts: �nci: � Its: o��anized u:i�t�:ei°: St�tciic��y C)pti�n A__.__ C)�tiaz�B_� C�:�iarter - �`ZG�C3�s�1�11 sul�i��it� �}�plical7le�l�cu��entatic�n{az•xi�cles, byia��s, resal�utions or a�•daxl�l�ces)t1��t ec�n�:it•«1s t�he sian�tt�r,y='s ciele�;��i.c��n c�f autl��rit}•. T��is d�c�u��.1��tat�ic>r�_shall be siibnvt�ed at tl�� time LGU rctu�-ns tl�e.�1�i�eeia7e��t tc}the GC�UI�TZ'. Docu�a��nt�tic�� is not rec�uirec3 f'c»�a sole ��x•c�}arietc��s}iip. C()C71�1'I"Y AO�.RI3 AUTH�RIZATI�N COUNT�'O�HENN�Pth! S"�'E1TE O�` MII��NESOTA. Revi�:we;c� by t}�e Couaaty Attarn�y's t7f'Fice ATT�ST: Dc��utyiClerk of�Caunty Bc��rd Date: D�te: And: Assist��t/T�e��utylC.out�t}t Aclmmir�i�trat�r D�t�: � t�.`�"I'A.�:`1�I�'IENT` � Affidav�t c�f��oject Co��Iet��n Ihis dc�c�c�rrr�er�t is t<�1�e c�v�nj7lctc?d fnr��rc�jcr ts t•c�c�ei��irz�,�Hcri�2�J�xr� 7o-ut6r..S`pnr-t.s I'r�r,��r•c1�z Gr�r�rat.s 3-vtica�e fr�,er�ti�%ecct� uf�Oc�cic�a��ncu,��er�t1�li�zrresUtcr Rrrlc�s I3fJ0.CI??(), i.r not r•c°qtair°czd t�a I>e issuecl. I l�e�•el�y ce�-tify tt��t: 1. The facilit},!�trt�c:tuc•e listec�b�lE�u=is nUt sul�j�;ct to tl�e cc��itiitic��is of M.inr�e5c�ta 12u1�� 13C1(),�220 2. Tl�is c�c�euzne�at sl�a:li :�e;rve ii� lieu c�f�Certifc�ic;c�f'�ccu��aticy. 3. Tl1e cc�nstructioil c�f t�c f:acil.ity i.s cc�a��leted as�tillii��;d in ct�riti•act A14t�3(�5 �ssith H�n�acpii� C;c�l�i�ty 4. '�I'l�.e i'�cility is s�:f�tc� he c�ecti��icci �ry t11e�ut�lic. 5. Tl�c re�tair•eci �i�ria�;el�l�c�ue is in�rlac�per�czu�lty�;uic�eli�les �aci'lity Address: .�.. �.,__ P:IN�(if a��lica�l�); � _..__..__.�_ _.__..._.__._..— Le�al I�escri.pti�z�:� __ __.�._.__....._...--- �oa�.i.n�IJi�trict: Q«riler Na111e: Adcir�ss. �T _ _�__ _.....__..__ _ Ciiy Sta.t�Zi�: __ _�_.�._..._�__._� I.'hoxae: Ct�n�n:ieiits: _______ ..�..._ _ Nanxe of G�•ant R�ci�ient: _...._e._._ _.�____.. _ , �Iatiie c7f Autl�orired C3fficial (prztxt} Title I Sibna�ur•e �_ T_ I�aie _.._ Tllis c{c�cirtne��t is fic�bc n�ailecl to: Jcasepf�M�the�rs and I:_yrzicia l�}=nc�}1 Offee nf Iiud�et and Final�ee J��i�7nesr�ta A�nateur S�aorCs C;�inniissiota 30�S.6t1� Str�et A-2�Q1 l 7Q(} 1�t)5'�,Ave�.��ie N� Iv1i13n�:�}�olis,J��[N 5�4f�7 I31aic�c,MN SS�49 9 AGENDA S�CTION: CONSENT AGENDA ITEM# 6G REPORT# 86 STAFF REPORT / � ' CITY COUNCIL MEETING MAY 13, 2014 REPORT PREPARED BY: JIM TOPITZHOFER,RECREATION SERVICES DIRECTOR NAME,TITLE DEPARTMENT DIltECTOR REVIEW: � ' � � S/GN RE OTHER DEPARTMENT REVIEW: � N/ � ,� f,� SIGNAT E � � i/ i/ / � REVIEWED BY CITY MANAGER: ' �� / ' � % ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached Agreement between the City of Richfield and Sprint Spectrum L.P. for a short term lease for use of Veterans Memorial Park as a temporary site for a mobile communications facilit durin the 4th of Jul Celebration. I. RECOMMENDED ACTION: By Motion: Approve the attached Agreement between the City of Richfield and Sprint Spectrum L.P. for a short term lease for use of Veterans Memorial Park as a temporary site for a mobile communications facilit durin the 4th of Jul Celebration. II. EXECUTIVE SUMMARY I! The City received a request from Sprint to use a small portion of Veterans Memorial ' Park to set up a temporary and mobile cell phone tower to aid in cell phone ' coverage during the City's Fourth of July Celebration. This trailer will be set up in the park just off of Portland Avenue, adjacent to the Richfield American Legion. The City will be compensated $2,000 by Sprint for use of a 400-square foot area from June 30, 2014 to July 8, 2014. III. BASIS OF RECOMMENDATION A. BACKGROUND 0513 Sprint Mobile Cell Tower Agreement • The below image of a mobile trailer cell tower is similar to the one that will be parked in Veterans Park for nine days to aid in cell phone coverage for the holiday: � � __ rt �. . ._. :..,,. _. ...-2. ��.•�� ri��F _ �•d ��.� �: �.ry � r� � � � G ' �" _�: ��`�P �� . � � ��1�!ftls�t£s�`.ia.'.r'1 . ,�.,`r!�� • The location of the trailer will be is just off Portland Avenue adjacent to the Richfield American Legion: , �� '� . `.,, _ ;_ � � t; ;� R �Y� lA�Y',� .�� , f `�} � `�` i y� 8 t_' �� R� �' ;'„�`-`�� 1� +�� `' 1° h � I�I 'i'!''`�'I � � �: � �� j F_ � i� ` r � � � � � � �� . _ �f � �, ,� � R� .�� i4� �h� � II � .�' - � '6R•� .� I ��>` � , ! � �� .�� ,- I l � .r� "�" a!i`�"` ', �� t�- , � �'� � 1 � ��: „� , � y +�.�� .� '� �°, _.=/ y,'�.�'�- ` . � _Y�'� -�i . t � r e1 . :,� �' . � •.�� r L.�iZ ct.-,� �-. .'�1 4 S'•tt *''"� �.�� k . .._ ; I �.j . . P l S#T y.: �1 . y. I`..� �' .�. � :�:"'��^p ��p Ilry ��, r.:>�r��: .:..-�, �.�� ,.,,�� a �. � {� � R t� �� 4 � .� .. ._ �F �itf �I ' 2v F _ .. �•• �q � � b P 4..,�",'�� .... J � . - � �:Y- ytl¢��"�'y,!-b.� . � �5 $. �� ,� ,�.�t ' �''�� I �� `ayr �, ,� '��r� ��1,� ' ��YN'`��]l)� �, i �� Yt� �. � �` � �� `�� .��, ' L £� 4�<• ` ��"� ''l� �iK° � �_��_��.` `_�- -�-�.i��s�� «�� • The City of Richfield will be compensated $2,000 for the temporary use of the Park. i • Use of mobile�communication facilities is a common practice amongst cell phone companies wanting to improve coverage during high demand periods. B. POLICY • The attached agreement is commonly used by Sprint to arrange temporary use of a park for mobile communication facilities and City Council considers and executes these types of agreements for the City. C. CRTTICAL TIMING ISSUES • The Fourth of July season is approaching and Sprint would like to schedule the project soon. D. FnvarrclaL, • The City of Richfield will be compensated $2,000 for the temporary use of the Park. 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. ATTACHMENTS • Short Term Site Agreement for Cell on Wheels VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None Site Name: City of Richfield 4`h of July Site ID#: MS99XT751 SHORT-TERM SITE AGREEMENT (FOR CELL ON WHEELS) This Short-Term Site Agreement (for Cell on Wheels) (this "Agreement") is made as of May 13, 2014, between City of Richfield Community Dev Department ("Owner") and Sprint Spectrum L.P, A Delaware Partnership ("Tenant"). Owner acknowledges receiving One Dollar ($1.00) and other sufficient consideration for entering into this Agreement. 1. Premises and Use. Owner owns the real property described on Exhibit A attached ("Owner's Property"). Owner leases to Tenant for its exclusive use the site, consisting of a portion of Owner's Property and measuring approximately Four Hundred (400) square feet of real property, as generally described on Exhibit "B" (the "Site"), together with and including in the definition of"Site" all necessary easements for access and utilities necessary to service the Site, including those shown on Exhibit "B". The Site may be used by Tenant and/or any of its contractors, agents and employees ("Tenant Parties") for the purpose of installing, removing, replacing, modifying, maintaining and operating, at Tenant's expense, a mobile communications facility commonly known as a "cell on wheels," including, without limitation a mobile communications facility trailer, utility lines, transmission lines, electronic equipment, radio transmitting and receiving antennas, power sources (including generators and fuel storage tanks), supporting equipment and structures thereto and, if applicable to the Site, an antenna support structure (the "Facilities"). All of the Facilities will remain Tenant's personal property and are not fixtures. Tenant may install around the perimeter of the Site temporary fencing. Tenant will have unrestricted access to the Site and the Facilities. 2. Term and Rent. Tenant's lease term (the "Term") will commence on the June 30th, 2014 and will run for 9 days. In consideration of Tenant's lease of Owner's Property for Tenant's intended use of the Site, Tenant will make a one-time payment of two thousand dollars ($ 2,000.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.] 3. Comnliance with Laws. Tenant agrees to comply with all applicable local, state and federal laws, rules and ordinances during the Term. 4. Indemnification. Tenant will indemnify and hold harmless Owner, its employees, agents or contractors, from all claims, actions, damages, liability and expense, including without limitation reasonable attorneys' fees and costs, in connection with personal injury or property damage arising out of the negligent acts or omissions or willful misconduct of Tenant or Tenant Parties upon the Site in conducting Tenant's activities. This indemnification obligation shall survive the expiration or termination of this Agreement. 5. Tenant Insurance. Tenant, at Tenant's sole cost and expense, shall procure and maintain on the Site and on the Facilities, bodily injury and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Tenant or Tenant Parties arising out of or in connection with Tenant's use of the Site, all as provided for herein. At Owner's request, Tenant will provide a certificate of insurance or other evidence showing insurance coverage of Tenant or Tenant Parties for its activities under this Agreement. Rev.OS/]0/06 _1_ Owner Initials: DM#232343 Tenant Initials Site Name: City of Richfield 4th of July Site ID#: MS99XT751 6. Default and Termination. If Tenant is in default under this Agreement for a period of 30 days following receipt of written notice from Owner, Owner may pursue any remedies available to it against the defaulting party at law and in equity, including, but not limited to, the right to terminate this Agreement. In the event this Agreement expires or is terminated, Tenant will remove the Facilities from the Site and substantially restore the Site to the condition in which it existed immediately prior to Tenant's entry, reasonable wear and tear and damage not caused by Tenant excepted. 7. Notices. All notices must be in writing and are effective only when deposited in the U.S. mail, certified mail, return receipt requested and postage prepaid or when sent via overnight delivery service. Notices to Tenant are to be sent to: Sprint/Nextel Property Services, Sprint/Nextel Property Services, ��•i��t I��3��°�� °��c.��, 1�3��i1stE�p� ��t).�'HTt��6�.t-�2(�5(�, �"i3��. ��°�rxi �'<��s��, �.)��eri;��c� �`��°I�, ��s t�(�251m2(��€), with a mandatory copy to: Sprint/Nextel Law Department, Mailstop KSOPHTO101-Z2020, 6391 Sprint Parkway, Overland Park, Kansas 66251-2020, Attn.: Real Estate Attorney. Notices to Owner must be sent to the address shown underneath Owner's signature. 8. Miscellaneous. This Agreement constitutes the entire understanding between the parties with respect to the activities contemplated by this Agreement. All prior agreements or understandings, whether oral or written are superseded. This Agreement may be amended only by a written document duly executed by the parties. This Agreement will be governed by the laws of the state in which the Site is located. OWNER: TENANT: City of Riclafield Community Dev Department Sprint Spectrum L.P., a Delaware i a(n) Partnership I By: By: Name: Name: Title: Title: Date: Date: TaxpayerID: Address: Contact Phone Number: Email address: Rev.OS/10/06 _2_ Owner Initials: DM#232343 Tenant Initia►s: Site Name: City of Richfield 4`"of July Site ID#: MS99XT751 EXHIBIT A TO SHORT-TERM SITE AGREEMENT (FOR CELL ON WHEELS) Legal Description of Owner's Property ' Owner's Property is located at 6700 Portland Avenue, situated in the City of Richfield, County of Hennepin, State of Minnesota and legally described as follows: PID: 26028242300008 Rev.05/10/06 _3_ Owner Initials: DM#232343 Tenant Initials: Site Name:Ciry of Richfield 4`�of July Site ID#: MS99XT751 EXHIBIT B TO SHORT-TERM SITE AGREEMENT (FOR CELL ON WHEELS) Site Drawing The Site is described as follows: , � �_ " g� ,�'¢ �„� .� x ��' �";�`� � � ��I; � r � t � � ! �f^p � t �� .� � � �f3� ��} �- � a'T 33=. ...� - ,.a" �'�.� �$r�� < �M-�.-. � �, � '� � W `d.':s�r 4 ��.. , :� �c-as- � e I 4 ¢� �_'� e f . �ti ��f� .P�' �R �y,�� ' � IP-�� : .f it i E 3s ' �?� ` I . .`.� �� h ti�� ' 9 k �.,� �+ k� a i . ,i q� ,: � �,'�� ' � . , ��` � � � , �, , - ��:� �. �,,. �� ti .: ` �e � �a� , �+��! -�'��'�� .x. ' ,*�+, �9 R 'e-�; w y�., � � x Y � � ' "1 y s ` �' ii .t ' p4- � ��. N��.- °'' ..t �" � - .� ' - . r� � t. - . . ''F .;_' � �I� L.� ��l�+oµr��A�=,�. ;}r�4v _�' ' � F)s � `,� - il <�• . i,..� - �:w . 1 . l_ ' ` � � j ��,�� ' �,�g� ,: � �� , .�� -f¢ ' :Y �`. s _..= ,� � ,x e ,�F. �� . `� � x '': � '-� ��. � . �.. '�� _!I HR'' � �fi* p yI .7�'.3' R � �A 1� � 4 -.- � ! � I� y +�� I �� t �� . �.� 'c .w #3'�. � '•-itj�°r��,} �W"�:`-#+ �„ y ;t �a� �. �u�s . � 4 �� < , n� .(+t }, - . - — - ,. . . 8, � o ��r- �{�' � �t*�� i ��. }�. 1�t��i"y�_ ��rs�� +�w , .: •� _.� ,� i�r""�' . �t�' }� ' �� c: i� � ��'t � — : � � � � �a �.�� , � � �� "� .�� * �." ,� ��!�'��' - �, �_ � Y� f '�; ��.�^ x,.�. y,� t . �� S.�41 f �%W-. �..�>1.�� # �� . i � � +� 'IM. � {�y ♦3;:� ��. v�.r�. ��. ��"f � ' � �n�A ��0 ��t� � j�a ��„ �� {' �5�• e Pk r 4 h� � T�� . .. -.. ai f '�� i�f~ ��,y�� ... ' �' .. �,... 'A" 7',.�?''.� .,a..:&.�.A�. ..:i..` � �.'�'"� ••�.:f�.°`� . Note:Owner and Tenant may,at Tenant's option,replace this Exhibit with an exhibit setting forth the legal descdption of the Site,or an as-built drawing depicting the Site. Any visual or textual representation of the Facilities is illustrative only,and dces not limit the rights of Tenant as �� provided for in the Agreement. Without limiting the generality of the foregoing: I. The Site may be setback from the boundaries of Owner's Property as required by the applicable governmental authorities. , 2. The locations of any access and utility easements,if any,are illustrative o�ily. Actual locations may be determined by Tenant and/or the ; servicing utility company in compliance with local laws and regulations. Rev.OS/10/06 _4_ Owner IniUals: � DM�i232343 Tenant Initials: ' I I � AGENDA SECTION: CONSENT AGENDA ITEM# 6H REPORT# 87 STAFF REPORT � � �' CITY COUNCIL MEETING � MAy 13, 2014 JIM TOPITZHOFER,RECREATION I REPORT PREPARED BY: SERVICES DIRECTOR I NAiYtL',TLTGE DEPARTMENT DIRECTOR REVIEW: � � � ic,v nE OTHER DEPARTMENT REVIEW: � N� f�,. SIGNA RG REVIEWED BY CITY MANAGER: �/ �r�Y ; � � �� j� fi �...- t ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached Agreement between the City of Richfield and the Richfield Foundation for the Richfield Foundation to act as fiscal sponsor of donations received for a communit band shell. I. RECOMMENDED ACTION: By Motion: Approve the attached Agreement between the City of Richfield and the Richfield Foundation for the Richfield Foundation to act as fiscal sponsor of donations received for a community band shell. II. EXECUTIVE SUMMARY The Richfield Foundation has graciously offered to provide financial services to the � Band Shell Task Force as they continue their fundraising campaign to construct a community band shell. The Richfield Foundation will serve as a fiscal sponsor giving donors a tax deduction for their pledge. After the campaign is over, the Foundation will transfer the funds to the City less a 1% administrative charge for costs associated with the service. III. BASIS OF RECOMMENDATION 0513 Band Shell Fiscal Sponsor Agreement A. BACKGROUND . City Council discussed the formation of a new group of volunteers to raise funds and finalize plans for a community band shell at a study session on January 28, 2014. During the discussion, Council selected Veterans Memorial Park as the future site of the community band shell and instructed staff to prepare a resolution to officially declare it as the final � site location. A resolution was passed by Council on February 11, 2014 . Lead by resident David Butler, the Task Force has already acquired more than $100,000 in pledges for a community band shell. The group hopes to wrap up their fund raising campaign by November 30, 2014. • The fund raising campaign to includes grants, donations and other � funding from citizens, corporate and small business to fund $750,000 of the required funding required in 2014, in anticipation of construction completion in 2015. In addition, the City has appropriated $250,000 in the Capital Improvement Budget for 2015. B. PoLICY • The City Council considers and executes these types of agreements for the City. C. CRITICAL TIMING ISSUES • The fund raising campaign is in progress and the Task Force is beginning to collect donations. D. FnvaNClaL • The budget for the band shell is up to $1,000,000 depending upon the success of the fund raising campaign. The City has appropriated $250,000 in the Capital Improvement Budget for 2015 and the remainder of the funds will be from fundraising efforts. 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. ATTACHMENTS • Fiscal Sponsorship Agreement � VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None - FISCAL SPONSORSHIP AGREEMENT On April 15, 2014, The Richfield Foundation (Grantor) decided that financial support of the design and construction and landscaping of a Richfield Municipal Band Shell, as further described in materials provided to and reviewed by the Richfield Foundation (The Project) will further Grantor's charitable tax-exempt purposes. Therefore, Grantor has created a restricted fund designated for such project, and has decided to grant all amounts that it may deposit to that fund, less any administrative charge as set forth below, to The City of Richfield (Grantee), for use in constructing a Municipal Band Shell subject to the following terms and conditions: 1. Grantee shall use the grant solely for The Project and Grantee shall repay to Grantor any portion of the amount granted which is not used for The Project. Any changes in the purposes for which grant funds are spent must be approved in writing by Grantor before implementation. Grantor retains the right, if Grantee breaches this Agreement, or if Grantee's conduct of the Project jeopardizes Grantor's legal or tax status, to withhold, withdraw, or demand immediate return of grant funds, and to spend such funds so as to accomplish the purposes of The Project as nearly as possible within Grantor's sole judgment. 2. Grantee, itself or through a committee it establishes for that purpose, may solicit gifts, contributions and grants to Grantor, earmarked for Grantor's restricted fund for this project. Grantee's choice of funding sources to be approached and the text of Grantee's fundraising materials are subject to Grantor's prior written approval. Neither Grantee or any of its representatives shall request a contribution orally or in writing using the name of Grantor, or soliciting any contribution to the Grantor without first disclosing the City (Richfield) and State (Minnesota) of the Grantor, the tax deductibility of the contribution to Grantor, and a description of the charitable program (The Project) for which the solicitation is made. All grant agreements, pledges, or other commitments with funding sources to support The Project via Grantor's restricted fund shall be executed by Grantor. The cost of any reports or other compliance measures required by such funding sources shall be borne by Grantee. It is understood that any funds solicited for the Project by the Grantee or its committee that are not solicited for Grantor and are deposited directly to the Grantee's city account will not be subject to this agreement. 4. An administrative charge of one percent (1%) of all amounts paid to Grantee from the restricted fund shall be deducted by Grantor to defray Grantor's costs of administering the restricted fund and this grant. 5. Nothing in this Agreement shall constitute the naming of Grantee as a Sponsor or legal representative of Grantor for any purpose whatsoever except as specifically and to the extent set forth herein. This Agreement shall not be deemed to create any relationship of agency, partnership, or joint venture between the parties hereto, and Grantee shall make no such representation to anyone. 6. Prior to each distribution of any amount of this grant, Grantee shall submit a request stating the amount requested together with the costs and purposes for which these grant funds shall be expended. Subsequently, Grantee shall submit a full and complete report to Grantor as of the end of each quarter of the Grantee's annual accounting period within which any portion of this grant is received or spent. The report shall describe the work on the project that has been conducted by the Grantee with the aid of this grant and the expenditures ' made with grant funds, the status of the project, and shall report on the Grantee's compliance with the terms of this grant. 7. This grant is not to be used in any attempt to influence legislation within the meaning of Internal Revenue Code (IRC) Section 501(c)(3). No agreement, oral or written, to that effect has been made between Grantor and Grantee. 8. Grantee shall not use any portion of the funds granted herein to participate or intervene in any political campaign on behalf of or in opposition to any candidate for public office, to induce or encourage violations of law or public policy, to cause any private inurement or improper private benefit to occur, nor to take any other action inconsistent with IRC Section 501(c)(3). 9. Grantee shall notify Grantor immediately of any change in (a) Grantee's legal or tax status, and (b) Grantee's executive or key staff responsible for achieving the grant purposes. 10. Grantee hereby irrevocably and unconditionally agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless Grantor, its officers, directors, trustees, employees and sponsors, from and against any and all claims, liabilities, losses and expenses (including reasonable attorneys' fees) directly, indirectly, wholly or partially arising from or in connection with any act or omission of Grantee, its employees, committees or sponsors, in applying for or accepting the grant, in expending or applying the funds furnished pursuant to the grant or in carrying out The Project to be funded or financed by the grant, except to the extent that such claims, liabilities, losses or expenses arise from or in connection with any act or omission of Grantor, its officers, directors, trustees, employees or sponsors. 11. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota applicable to agreements made and to be performed entirely within such State. 12. This Agreement shall supersede any prior oral or written understandings or communications between the parties and constitutes the entire agreement of the parties with respect to the subject matter hereof. This Agreement may not be amended or modified, except in a writing signed by both parties hereto. IN WITNESS WHEREOF, the parties have executed this Fiscal Sponsorship Agreement effective on the 13th day of May, 2014. , Grantor By: Dated: , Grantee By: Dated: AGENDA SECTION: CONSENT AGENDA ITEM# 6I REPORT# gg STAFF REPORT �s� + ' ' '� CITY COUNCIL MEETING �� _ _ MAy 13, 2014 I REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR Na,�ts,TiTZ,E DEPARTMENT DIRECTOR REVIEW: � l ' �' � � Slc zu� OTHER DEPARTMENT REVIEW: .� N/ �'F� ; � SIGNATU /��.- REVIEWED BY CITY MANAGER: � /�',., � ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached Agreement between the City of Richfield and the Richfield Foundation for the Richfield Foundation to act as fiscal sponsor of donations received for Wood Lake Nature Center. I. RECOMMENDED ACTION: By Motion: Approve the attached Agreement between the City of Richfield and the Richfield Foundation for the Richfield Foundation to act as fiscal sponsor of donations received for Wood Lake Nature Center. II. EXECUTIVE SUMMARY The Richfield Foundation has been providing financial services to Wood Lake Nature Center for a number of years. Wood Lake has received numerous grants that require the recipient to be a non-profit organization with an Internal Revenue Code (IRC) Section 501(c)(3). After these grants are received, the Foundation transfers the funds to the City less a 1% administrative fee for costs associated with the service. The two organizations have been working together without a formal written agreement. III. BASIS OF RECOMMENDATION 0513 Wood Lake Fiscal Sponsor Agreement A. BACKGROUND • Examples of grants received by Wood Lake Nature Center with the help of fiscal sponsor Richfield Foundation are nine grants from Best Buy Children's Foundation, a grant from the Shakopee Mdewakanton Sioux Community, and the seven gifts from the Chorzempa Fund. The latest grant received was from Emerson Church for the proposed Emily Day Pavilion. These grants were received through the Richfield Foundation without a formal fiscal sponsorship agreement. B. PoLICY • The City Council considers and executes these types of agreements for the City. C. C�TICAL TIMr�G ISSUES • The Richfield Foundation passed the attached agreement on April 15, 2015. D. FINANCIAL • Grant funds received through Richfield Foundation are transferred to the City less a 1% administrative charge for cost associated with the service. 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. ATTACHMENTS • Fiscal Sponsorship Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None FISCAL SPONSORSHIP AGREEMENT On April 15, 2014, The Richfield Foundation (Grantor) decided that financial support of charitable activities and projects of the Woodlake Nature Center, a department of the City of Richfield as further described in materials that shall be from time to time provided to and reviewed by the Richfield Foundation Board (The Program) will further Grantor's charitable tax-exempt purposes. Therefore, Grantor has created a restricted fund designated , for such program, and has decided to grant all amounts that it may deposit to that fund, less any administrative j charge as set forth below, to the Woodlake Nature Center, a department of The City of Richfield (Grantee), for its charitable activities and projects subject to the following terms and conditions: 1. Grantee shall use the grant solely for The Program and Grantee shall repay to Grantor any portion of the amount granted which is not used for The Program. Any changes in the purposes for which grant funds are spent must be approved in writing by Grantor before implementation. Grantor retains the right, if Grantee breaches this Agreement, or if Grantee's conduct of The Program jeopardizes Grantor's legal or tax status, to withhold, withdraw, or demand immediate return of grant funds, and to spend such funds so as to accomplish the purposes of The Program as nearly as possible within Grantor's sole judgment. 2. Grantee may solicit gifts, contributions and grants to Grantor, earmarked for Grantor's restricted fund for this project. Grantee's choice of funding sources to be approached and the text of Grantee's fundraising materials are subject to Grantor's prior written approval. Neither Grantee or any of its representatives shall request a contribution orally or in writing using the name of Grantor, or soliciting any contribution to the Grantor without first disclosing the City (Richfield) and State (Minnesota) of the Grantor, the tax deductibility of the contribution to Grantor, and a description of the charitable program (The Program) for which the solicitation is made. All grant agreements, pledges, or other commitments with funding sources to support The Program via Grantor's restricted fund shall be executed by Grantor. The cost of any reports or other compliance measures required by such funding sources shall be borne by Grantee. 4. An administrative charge of one percent (1%) of all amounts paid to Grantee from the restricted fund shall be deducted by Grantor to defray Grantor's costs of administering the restricted fund and this grant. 5. Nothing in this Agreement shall constitute the naming of Grantee as a Sponsor or legal representative of Grantor for any purpose whatsoever except as specifically and to the extent set forth herein. This Agreement shall not be deemed to create any relationship of agency, partnership, or joint venture between the parties hereto, and Grantee shall make no such representation to anyone. 6. Prior to each distribution of any amount of this grant, Grantee shall submit a request stating the amount requested together with the costs and purposes for which these grant funds shall be expended. Subsequently, Grantee shall submit a full and complete report to Grantor as of the end of each quarter of the Grantee's annual accounting period within which any portion of this grant is received or spent. The report shall describe the work or activities of The Program that has been conducted by the Grantee with the aid of this grant and the expenditures made with grant funds, the status of The Program, and shall report on the Grantee's compliance with the terms of this grant. 7. This grant is not to be used in any attempt to influence legislation within the meaning of Internal Revenue Code (IRC) Section 501(c)(3). No agreement, oral or written, to that effect has been made between Grantor and Grantee. 8. Grantee shall not use any portion of the funds granted herein to participate or intervene in any political campaign on behalf of or in opposition to any candidate for public office, to induce or encourage violations of law or public policy, to cause any private inurement or improper private benefit to occur, nor to take any other action inconsistent with IRC Section 501(c)(3). 9. Grantee shall notify Grantor immediately of any change in (a) Grantee's legal or tax status, and (b) Grantee's executive or key staff responsible for achieving the grant purposes. 10. Grantee hereby irrevocably and unconditionally agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless Grantor, its officers, directors, trustees, employees and sponsors, from and against any and all claims, liabilities, losses and expenses (including reasonable attorneys' fees) directly, , indirectly, wholly or partially arising from or in connection with any act or omission of Grantee, its employees, ' committees or sponsors, in applying for or accepting the grant, in expending or applying the funds furnished pursuant to the grant or in carrying out The Program to be funded or financed by the grant, except to the extent that such claims, liabilities, losses or expenses arise from or in connection with any act or omission of Grantor, its officers, directors, trustees, employees or sponsors. 11. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota applicable to agreements made and to be performed entirely within such State. 12. This Agreement shall supersede any prior oral or written understandings or communications between the parties and constitutes the entire agreement of the parties with respect to the subject matter hereof. This Agreement may not be amended or modified, except in a writing signed by both parties hereto. 13. This agreement may be terminated by either party with written notice. IN WITNESS WHEREOF, the parties have executed this Fiscal Sponsorship Agreement effective on the 13t" day of May, 2014. , Grantor By: Dated: , Grantee By: Dated: AGENDA SECTION: CONSENT AGENDA ITEM# 6J RG�'ORT# 89 � I TAFF PORT e�► � J CITY COUNCIL MEETING MAY 13, 2014 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � � SIGNATURE OTHER DEPARTMENT REVIEW: � r ' � ,z s1 �%' ' � ; � REVIEWED BY CITY MANAGER: � ` � � ' ITEM FOR COUNCIL CONSIDERATION: Conduct a first reading of an ordinance that will remove/correct outdated terminology; clarify a number of definitions; allow home occupations to operate within garages and accessory structures; correct and add references; add parking requirements for two-family and cluster housing developments; revise setbacks from Two-Family Residential (MR-1) properties; clarify language related to drive-thru facilities in the Mixed Use Districts; and clarify screening and tem ora banner re uirements. I. RECOMMENDED ACTION: By Motion: Approve a first reading of the attached ordinance amending Subsections 507.07, Subdivisions 57 and 62; Subsection � 509.15, Subdivision 2; Subsection 509.21, Subdivisions 5 and 15; Subsection 509.25, Subdivision 7; Subsections 512.05, 512.07, and 512.09; Subsection 514.07, Subdivision 2; Subsection 529.11, Subdivision 1; Subsection 534.11, Subdivision 1 ; Subsection 537.03, Subdivision 1; Subsection 537.05, Subdivision 5; Subsection 542.03, Subdivision 2; Subsection 544.05; Subsection 549.21, Subdivision 4; Subsection 549.23, Subdivision 1; and Appendix I, Section 3, Clause 91; adding new Subsection 507.07, Subdivision 53; and Subsection 514.15, Subdivision 4; and repealing Subsection 507.07, Subdivisions 26 and 101. Chan es are related to outdated terminolo and 051314-1st Reading Ord Amend variousxxx references, clarification of definitions and language related to drive- thru facilities, home occupations, setbacks, screening and temporary banners. II. EXECUTIVE SUMMARY City staff continually monitors and notes areas of the Zoning Code that may require review. This review may be the result of changes in State Law or its interpretation, changes in social norms and community desires, new technology or direct experience with a particular regulation. The Zoning Code is the implementation tool that helps the City to bring to life its vision for the future as demonstrated by the Comprehensive Plan and other redevelopment/revitalization plans. The attached ordinance primarily addresses minor technical issues and clarifies existing regulations. There are three items that could be considered more ' substantial. The first change would allow home occupations to operate from ,, residential garages or accessory buildings, the second would clarify permissions related to drive-thrus as a component of single-tenant buildings in the Mixed Use Districts, and the third relates to screening requirements for mechanical equipment. Home occupations in accessory buildings/garages A change in the Code to allow home occupation-related activities in garages and accessory structures has been discussed and supported by the Planning Commission for a number of years. The objective is to allow greater opportunity and flexibility for home businesses that will not adversely impact the surrounding neighborhood. Regulations will continue to require that all activities related to a home occupation be conducted within an enclosed �uilding, and operations that could negatively impact the neighborhood (e.g. auto repair) will continue to be prohibited. Drive-up service in the Mixed Use Districts The following Code language related to drive-up service in the Mixed Use Districts is unclear: Drive-up(service]must be part of a multi-tenant mixed use deve/opment. Freestanding buildings shall not have drive-up facilities un/ess they are designed to minimize impacts to the pedestrian environment and adequately address circulation issues and potential noise or light pollution�J There are two ways to read this clause: 1. Single-user developments may not have drive-thru facilities. Drive-thru is only permitted as part of a multi-tenant mixed use development and those facilities must meet the specified criteria. In this reading, the word "freestanding" is seen as unnecessary, as all buildings are freestanding. 2. Single-user developments are permitted to have drive-thru facilities so long as the specified criteria are met. In this reading, "freestanding" is understood to be synonymous with "single-tenant" and the second clause is seen as a means by which to grant an exception. Current staff was not involved in the drafting of this original ordinance. It would seem that the design criteria listed would apply to all drive-thru facilities, therefore staff has proposed an amendment that would remove the word "freestanding" and thus more clearly prohibit single-user buildings from having drive-thru facilities (unless a variance were granted). The Planning Commission has voted in favor of this amendment. If the Council feels that this is not their intent, and would prefer an ordinance that allows for single-users with drive-thru facilities, staff proposes that this item be removed from the attached ordinance so that further research can be done. Screening Current ordinance language requires the full screening of utilities and mechanical equipment from "public areas." Applicants have complained that "public areas" is not clearly defined. Staff research also indicates that screening requirements in the past have been more robust, requiring screening not only from public view, but also from nearby premises. The Planning Commission has indicated that screening of mechanical equipment remains an important requirement, and believes that screening from adjacent properties is something that should be added back into the ordinance. The proposed amendment would require that equipment be screened from ground-level observation on the subject property, adjacent properties and adjacent right-of-way. In cases where roof-top equipment may be visible from above, the Director is given the authority to require that the equipment be painted to match the roof. Summary of Additional Changes • Remove obsolete "dance or physical culture studios" terminology in favor of "health club or studio, spa." • Clarify existing policy related to use of pervious pavers on single- and two- family lots. Due to the required ongoing maintenance of these pavers, they are permitted, but are counted toward the allowable impervious surface limit. • Revised area calculation for Planned Unit Developments to allow, under specific circumstances, inclusion of adjacent right-of-way. • Correct terminology related to voltage limits for home occupations. • More precisely define the way in which fence height is measured. • Add language to clarify that banner regulations apply to all temporary signs. • Correct subsection references, symbology and inconsistencies left over from previous Code amendments. • Add footnotes where needed. • Correct an error related to the description of a particular property in Appendix I. • Remove unused and unnecessary definitions. III. BASIS OF RECOMMENDATION A. BACKGROUND • N/A B. POLICY • The regulations of the Zoning Code are intended to promote harmonious relationships among land uses and to ensure that public and private lands ultimately are used for the purposes that are most appropriate and beneficial from the standpoint of the City as a whole. • Ongoing review and periodic updating of the Code is necessary to ensure that regulations are serving their intended purposes. • Clear and correct language is important to both staff and our customers. G C�TICAL Trn��G IssuEs • None D. FINANCIAL • N/A E. LEGAL • A public hearing was held before the Planning Commission on April 28, 2014. • Notice of the public hearing was published in the Sun Current Newspaper in accordance with State and Local requirements. • The Planning Commission recommended approval of the proposed amendments (5-0). • If this reading is approved, a second reading of the proposed ordinance will be held on May 27, 2014. F. ENVIRONMENTAL CONSIDERATIONS • N/A N. ALTERNATNE RECOMMENDATION(S� • Approve a first reading with amendments. • Deny a first reading of the proposed ordinance. V. ATTACHMENTS • Ordinance VI. PRINCIl'AL PARTIES EXPECTED AT MEETING ' • N/A BILL NO. AMENDMENT TO RICHFIELD CITY CODE RELATED TO ZONING I AMENDING SUBSECTION 507.07, SUBDIVISIONS 57 AND 62; SUBSECTION 509.15, SUBDIVISON 2; SUBSECTION 509.21, SUBDIVISIONS 5 AND 15; SUBSECTION 509.25, SUBDIVISION 7; SUBSECTIONS 512.05, 512.07, AND 512.09; SUBSECTION 514.07, SUBDIVISION 2; SUBSECTION 529.11, SUBDIVISION 1; SUBSECTION 534.11, SUBDIVISION 1; SUBSECTION 537.03, SUBDIVISION 1; SUBSECTION 537.05, SUBDIVISION 5; SUBSECTION 542.03, SUBDIVISION 2; SUBSECTION 544.05; SUBSECTION 549.21, SUBDIVISION 4; SUBSECTION 549.23, SUBDIVISION 1; AND APPENDIX I, SECTION 3, CLAUSE 91; ADDING NEW SUBSECTION 507.07, SUBDIVISION 53; AND SUBSECTION 514.15, SUBDIVISION 4; AND REPEALING SUBSECTION 507.07, SUBDIVISIONS 26 AND 101. THE CITY OF RICHFIELD DOES ORDAIN: Section 1 A new Subsection 507.07, Subdivision 53 of the Richfield City Code to read as follows is added, and by now renumbering all following subdivisions accordingly: Subd. 53. "Health club or studio, spa." A facility, for profit or nonprofit, where members or nonmembers use eauipment or space for the purpose of passive or active exercises related to physical fitness. Section 2 Subsection 507.07, Subdivision 57 of the Richfield City Code is amended to read as follows: Subd. 57. "Impervious surface." A surface that has been compacted or covered with a layer of materials so that it is highly resistant to infiltration by water. It includes surfaces such as compacted sand, limerock, or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar�t��essurfaces. Open uncovered decks or porches are not included. Due to maintenance requirements, pervious pavers and similar materials shall not be calculated as a deduction from impervious surface for single- or two-family lots unless special approval from the Director is granted. (Figure 5) Section 3 Subsection 507.07, Subdivision 62 of the Richfield Code is amended to read as follows Subd. 62. "Lot area." The total horizontal area bounded by the front, side, and rear lot lines. With respect to planned unit developments only, lot area ' a�s may include, at the discretion of the Director, areas of the right- of-way that are improved and intearal to the design of the project. Section 4 Subsection 509.15, Subdivision 2 of the Richfield Code to read as follows: Subd. 2. Definitions. a) "Hedge." A row of shrubbery which forms or is intended to form a barrier. b) "Wall." This term includes retaining walls, freestanding walls, and decorative or privacy walls. c) "Height of fence." Fence heiqht is measured to include the body of the fence, plus allowing a maximum of six inches (on average between posts) above the natural arade (i.e. for drainaqe purposes�. Fence posts are permitted to extend a maximum of six inches above the body of the fence. Section 5 Subsection 509.21, Subdivision 5 of the Richfield Code is amended to read as follows: Subd. 5. Activities. A home occupation must be conducted in such a manner that activities connected with it are not noticeable from adjacent streets or residential lots, and except as permitted in Subd. 6 below, do not draw attention to the home occupation. All activities related to a home occupation must be conducted within a fully enclosed ��buildinq. Section 6 Subsection 509.21, Subdivision 15 of the Richfield Code is amended to read as follows: Subd. 15. Use of equipment. No mechanical or electrical equipment requiring in excess of�A240 volts single phase shall be permitted in the conduct of a home occupation, and no electric motor shall exceed 3 horsepower. Section 7 Subsection 509.25, Subdivision 7 of the Richfield Code is amended to read as follows: Subd. 7. Nonconforming site improvements. This subsection is primarily aimed at upgrading nonconforming site improvements that affect the appearance and impacts of a site. It is not intended to require extensive changes that would be extremely impractical such as moving or lowering buildings. a) Nonconforming Parking. Alteration, addition or expansion which results in an increased need for off-street parking shall provide additional parking according to the following guidelines i. Where modifications result in an increase in the applicable unit of measurement (dwelling unit, floor area, capacity, number or seats, etc.) which is 50 percent or less of the original total, additional parking shall be required only for this new or modified part of the development; ii. Where modifications result in an increase in the applicable unit of measurement which is over 50 percent of the original total, sufficient off- street parking shall be provided to bring the entire development into conformance with the requirements of this ordinance. b) Nonconforming Landscaping and Screening. Alternative landscaping or screening may be approved by the Director, where, due to existing structure placement, lot dimensions, parking requirements, or other improvements, it is not possible to provide the landscaping or screening required by this ordinance, according to the folfowing rules: i. The alternative landscaping or screening will not be detrimental to adjacent properties; and ii. The alternative landscaping or screening complies with the purpose and intent of standards dictated by this ordinance. c) Additional nonconforming site improvements. In addition to the requirements of a) and b) above, the following nonconforming site improvements must be made conforming if a structure or use associated with the nonconforming site improvement is enlarged or expanded. i. Impervious surFace coverage as required by applicable zoning district standards; ii. Irrigation as required by Subsection 54�� 544.03, Subd. 4(h); iii. Screening of refuse collection and utilitarian items in accordance with Subsection 54�-95 544.05; iv. Pedestrian circulation as required by Subsection �� 544.15: v. Bicycle parking in accordance with Subsection �42�544.17; and vi. Underground utilities when renovation costs exceed 50 percent of the value of the structure, in accordance with Subsection �9544.19. d) The Director may modify or waive any of the provisions above based on a written finding that the proposaL• i. Would not be detrimental to adjacent properties; and ii. The proposal complies with the purpose and intent of standards dictated by this ordinance. (Amended: 9-17-2010) Section 8 Subsection 512.05 of the Richfield City Code is amended to read as follows: 512.05. Permitted, Conditional, Accessory and Prohibited Uses in Residential Districts. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Residential Districts. Refer to Sections 514 through 527 for complete regulations. P: Permitted A: Accessory C: Conditional N: Null or Prohibited Land Use R ' R-1 'MR- : MR- MR- 1 2 3 Residential Single-family detached dwellings P P P N : N !Two-family dwellings C N ! P ' P P Twin homes N N C N N Multifamily dwellings (�minimum 3 units) N N '' N P/C ' P/C Cluster home developments C N C C N Other Bed and breakfast inns C C I N N N :Cemeteries C N N N N Day care facilities ' P/C P P/C P/C P/C Emergency shelters C N C ! C C Fences, walls and hedges A A A A A Foster family homes A/C A/C A/C A/C A/C Garages/carports for a residential structure A A A A A Gazebos/greenhouses A A A N N Governmental buildings P N ' C C C Home occupations A A A A A Libraries (public) P N C C C Parking A A A A A Private driveways A A 'A A A Public utilities, major C C : C C : C Public utilities, minor A A A A !A Recreational facilities, noncommercial, principal use C C 'C N N Religious institutions C N C C C Residential care facilities P P P/C P/C P/C i � � � Roomer 'A A : N ' N : N '', � i Satellite dish antennas A A A A A Schools, public or private C N C C C I !Storage buildings A A A A A Swimming pools, private A A A A A !Telecommunication towers C C : C :C ' C i Utility buildings accessory to telecommun. towers and A ' N A A A _ __ _ antennas Section 9 Subsection 512.07 of the Richfield City Code is amended to read as follows: 512.07. Permitted, Conditional, Accessory and Prohibited Uses in Commercial ', Districts. ' The following table summarizes which land uses are classified as permitted, I accessory, conditional or prohibited in the Commercial Districts. Refer to Sections 529 through 534 for complete regulations. (Amended, Bill No. 2011-19) P: Permitted A: Accessory C: Conditional N: Null or not Permitted Land Use S- C-1 C-2 O ' Adult businesses N N P Animal kennels N N P/C Apartments within a commercial building A A/C'C Assembly, light manufacturing, warehouse N N A Auction houses N N P i Auto mechanical/body repair N N C Auto detailing N ' N C Auto or boat sales N N C Auto stereo installation service N N P :Auto washes N N C Barber or beauty shops P/C P/C P/C Bicycle stores N P/C P/C Bicycle repair shops P/C P/C P/C Bowling alleys N N P :Carpet or paint stores N P/C P/C i Cemeteries N N C Convenience store N P P � '� � :Day care facilities C P P :Drug stores without drive-up facility N P/C P/C Drug stores with drive up window N N C :Emergency shelter N N C Enclosed storage A A A Fences, walls and hedges A A 'A :Financial institutions without drive-up service N N P ' Financial institutions with drive-up service N N C Firearms related uses N N C Fortune telling N N P �'I Funeral homes, mortuaries N ' N 'C Furniture or appliance stores N P/C P/C Governmental buildings P P P Grocery stores N P/C P/C Health club or studio,spa N P P Hospital or 24-hour urgent care P/C P/C P/C Hotel or motel (6 or more units) N N C Junk yard N N N Libraries, public P P ' P , , Liquor store, municipal N N P : Nursing home P P N Office, single-tenant, professional, executive or business P/C P/C' P/C Office, multi-tenant, professional, executive, or business P/C P/C P/� :Outdoor merchandising or storage (except as allowed by N ' N N Section 1135 of the City Code) Parking A A A Pawn shops and second hand goods dealers licensed under Section N N C 1186 or 1187 of the City Code Public utility, minor A A A Public utility, major C C C Religious institutions N N P Restaurant, take-out only (Class I� N C P I Restaurant, fast food/convenience food (Class III) or any N N 'C _ _ _ _ __ _ _ _ 'restaurant with drive-up service Restaurant, traditional or cafeteria (Class II) N C C Restaurant, full service (Class I) N N C ; Retail, general (single or multi-tenant) N P/C P/C Schools, public or private N N P Service station N N C Service station/convenience store N N C Service or non-auto repair shop P/C P/C P/C Tattoo shops N N C Taxi or limousine service N N P Theater, movie or live entertainment N N C Veterinary clinic N ' N P (Amended, Bill No. 2011-13; 2011-19) Section 10 Subsection 512.09 of the Richfield City Code is amended to read as follows: 512.09. Permitted, Conditional, Accessory and Prohibited Uses in Mixed-Use Districts. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Mixed-Use Districts. Refer to Section 537 for complete regulations. P: Permitted A: Accessory C: Conditional N: Null or not Permitted :Land Use MU MU- MU-R N C 'Residential Townhome development P N N Multifamily dwellings (min. 3 units) P P P (but see 537.07 Subd. 2a) Live-work units P P N �� Assisted living facilities, nursing, rest homes P P N Other Adult businesses N P P :Animal kennels C C C Assembly and manufacturing accessory and subordinate N A A to retail use Auto mechanical/body repair N C C Auto detailing N C C Auto rental facilities as an accessory to primary office or N A A hotel use Auto sales N N C i Clinics A* P P Convenience store P* P P Day care facilities P P P Drive-up window or teller service N C C Firearms related uses N N C � :Funeral homes, mortuaries N P N :Governmental buildings A P A :Health or athletic clubs, spas, yoga studios N P P :Hotel or motel (6 or more units) ' N P P i Hospitals N N P Libraries, public P P N .Offices A P P � � Parking 'A A A Police sub-station P P P Public utilities A A A '"Recreational facilities, noncommercial, principal use P P P :Religious institutions P P A Restaurant, take-out only (Class I� P P P Restaurant, fast food/convenience food (Class III) N C C :Restaurant, traditional or cafeteria (Class II) P P P Restaurant, full service (Class I) N C P Retail, neighborhood services ' P P P Retail, general services C P P :Retail, regional services N C P Schools, public or private P P C Service station N P P 'Service station/convenience store N : P P I i 'Tattoo shops N P P .Theaters, movie or live entertainment N N P Transit facilities A A A *Conditions ap�lv, see section 537 for complete regulations. (Amended, Bill No. 2011-13; 2011-19) Section 11 Subsection 514.07, Subd. 2 of the Richfield City Code is amended to read as follows: Subd. 2. Two-family dwellings, provided the following conditions are met: a) The lot shall abut an arterial or collector street; b) The lot area and width shall comply with Section 514.11, Subd. 2 of this code; c) Two (2) off-street parking spaces, one (1) of which must be enclosed in a garage, shall be provided for each dwelling unit; d) Private driveways, parking areas, turnaround areas and sidewalks shall comply with Section 514.05 Subd. 8 of this code; e) For new construction each dwelling unit shall contain at least �5A960 square feet of interior floor space, and for conversion of a single-family dwelling to a two-family dwelling each unit shall contain at least 500 square feet of interior floor space. For the purpose of this subsection, interior floor space shall include the total horizontal area of the dwelling unit as measured from the interior walls of the unit; and fl The structure shall meet all setback requirements for two-family dwellings as indicated under Section 514.13, except that a single-family dwelling which does not meet the required two-family interior side setback may be converted into a two-family dwelling if the dwelling is not expanded or if the expansion meets all applicable two-family dwelling requirements. Section 12 A new Subsection 514.15, Subdivision 4 of the Richfield City Code to read as follows is added, and by now renumbering all following subdivisions accordingly: ' Subd. 4. Parkinq requirement. For two-family, twin home dwellinqs and cluster home developments, there shall be provided on the site at least two �2) parkina spaces per dwellina unit, of which at least one space per dwellinq shall be enclosed in a garaqe. Section 13 Subsection 529.11, Subd.1 of the Richfield City Code is amended to read as follows: Subdivision 1. �Generally.]The following dimensional requirements apply to the S- O district. All dimensions are in feet unless otherwise noted. __ __ __ _ _ _ __ __ _ _. Minimum lot width Interior lot: 60 Corner lot: 75 i Minimum lot area ' 8,000 square feet Maximum impervious surface coverage 75 percent _ _ _ _ _ _ __ __ _ _ _ __ i Setbacks - building Principal Accessory building building :Front (see also Subd. 2) !30 '30 Rear : Adjacent to R, R-1 or MR-1 District 15 8 Adjacent to non-R, R-1 or MR-1 District 5 5 ! Interior side ��'! Adjacent to R, R-1 District 15 15 Adjacent to non-R, R-1 District 5 5 Street/corner side (see also Subd. 3) 12 12 :Setbacks - parking �measured from property line) Front (but see Subd. 5) $ Street/corner side (but see Subd 5) $ Interior lot line Adjacent to R, R-1 or MR-1 District 10 : Adjacent to non-R, R-1 or MR-1 District 5 ; i Height limitations Principal Accessory building building Maximum building height 30 15 Story limitations '2 stories 1 story Section 14 Subsection 534.11, Subd.1 of the Richfield City Code is amended to read as follows Subdivision 1. The following dimensional requirements apply to the C-2 District. All dimensions are in feet unless otherwise indicated: Minimum lot width Interior lot: 75 Corner lot: 90 :Minimum lot area :9,000 square feet :Maximum impervious surface coverage 85 percent Setbacks: building Principal building Accessory building Front (see also Subd. 2) 35 35 Adjacent to arterial roads See Subdivision 2 Rear (see also Subd. 4) Adjacent to R, R-1 or MR-1 District 15 8 Adjacent to non-R, R-1 or MR-1 District 5 ' 5 Street/corner side (but see Subd. 3) 25 25 � � Interior side (see also Subd. 4) Adjacent to R, R-1 or MR-1 District 15 8 Adjacent to non-R, R-1 or MR-1 District 0 0 Maximum building height (but see Subd. 5) 40 15 Story limitations 3 stories 1 story Setbacks: parking Front (but see Subd. 6) 8 Street/corner side (but see Subd. 6) 8 Interior lot line Adjacent to R, R-1 or MR-1 District 15 . Adjacent to non-R, R-1 or MR-1 District 5 (Amended, Bill No. 2011-13; 2011-19) Section 15 Subsection 537.03, Subd.1 of the Richfield City Code is amended to read as follows: Subdivision 1. The following table establishes permitted, conditionally permitted and accessory uses for the Mixed Use Districts: ; Table 1. Uses of the Mixed-Use District Note—The following abbreviations are used within the use table: P= permitted use A= accessory use C= conditionally permitted N= not permitted _ __ __ ___ _ __ __ _ _ Use MU- MU- MU-N ' R ' C COMMERCIAL Regional retail services P C N General retail services ' P ' P C Neighborhood retail services P P P Restaurant Class I (serving alcohol) P C N Restaurant Class II (traditional/cafeteria) P P P :Restaurant Class III (fast food/convenience) C C N Restaurant Class IV (take out only) P P P Service Station/convenience store P P N Convenience store ' P P P Offices and clinics P : P 'A Hotel/motel (defined as 6 or more rooms) P P N :Mortuaries and funeral chapels ' N P N : Health or athletic clubs, spas, yoga studios ' P P N Theaters, movie or live entertainment P N N Auto sa�es or lease -new vehicles C N N Auto mechanical or body repair shops C :C N Auto detailing C C ' N Auto rental facilities accessory to a primary office or hotel A A N use Assembly and manufacturing accessory and subordinate A A N :to a retail use Drive-up window or teller service C C N Adult business establishments as defined and regulated ' P " P N ' under Subsection 1196 of the City Code Tattoo Shops ' P P N Firearms related uses C N N Licensed day care facilities P . P P 'Animal kennels C :C C RESIDENTIAL :Dwelling, townhouse ! N : N P Dwelling, multifamily (min. 3 units) P P P (but see 537.07, Subd. 2a) Live - work units ' N : P P Assisted living facilities, nursing, rest homes N P P 'INSTITUTIONAUPUBLIC Places of worship A P ' P Government offices A P A I Police sub-station ! P P P Schools C P P Library i N ': P P ' Parks ' P P P Hospitals P N N :Transit facilities I A A A Pubhc utility 'A :A A (Amended, Bill No. 2011-13; 2011-19) Section 16 Subsection 537.05, Subd.5 of the Richfield City Code is amended to read as follows: Subd. 5. Restaurant C/ass lll or Drive-Up Window or Teller Service. Uses with drive-up window or teller service provided the following conditions are met: a) No drive-up window or lane shall be adjacent to a public street; b) Drive-up uses shall be limited to one (1) service window which is part of a primary structure and no more than two (2) queuing lanes, unless approved along with additional landscaping, screening, or other improved pedestrian amenities such as fencing, seating, raised pedestrian crossings, etc.; c) Drive-up must be part of a multi-tenant mixed-use development. Buildings shall not have drive-up facilities unless they are designed to minimize impacts to the pedestrian environment and adequately address circulation issues and potential noise or light pollution; d) There shall be no curb cuts on public streets exclusively for the use of drive-up queuing or exit lanes. Drive-up traffic shall enter and exit from internal circulation drives; � e) Queuing space for at least 4 cars �70 feet� shall be provided per drive- up service lane as measured from1 but; not including1 the first drive-up service window or teller station. Such queuing space shall not interFere with parking spaces or traffic circulation; fl Any drive-up service window, teller or order station, or exterior loudspeaker shall be located at least 150 feet from any parcel with residential uses on the first floor; g) The applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections; h) Alcoholic beverages shall not be served; and i) Exterior speakers shall comply with the noise control limits set by Subsection 930 of the City Code. Section 17 Subsection 542.03, Subd. 2 of the Richfield City Code is amended to read as follows: Subd. 2. Minimum area. A PUD district shall contain not less than one (1) acre (43,560 square feet) in lot area. With respect to planned unit developments only, lot area may include (at the discretion of the Director), areas of the right-of-way that are improved and inteqral to the design of the project. Section 18 Subsection 544.05 of the Richfield City Code is amended to read as follows: 544.05. Screening of refuse collection and utilitarian items, Refuse collection, recycling and utilitarian elements shall be designed into the interior space of buildings. All delivery and loading operations, HVAC equipment, and other utility and service function shall be grouped and arranged away from the public right-of-way and fully screened from e#�e� round level observation at any point on the property, adjacent property, or from adjacent riqht-of-way{e�c-� . Plans for screening enclosures must be shown on construction plans. a) Materials. Required screening may be achieved with fences, walls, earth berms, hedges, two (2) staggered rows of coniferous trees, a dense deciduous hedge, or other landscape materials. Earth berms shall not exceed a slope of 3:1 unless specially treated and approved. All walls and fences shall be architecturally harmonious with the principal buildinq. The use of wood, in whole or in part, as a screeninq material for roof-top equipment shall not be considered as being architecturally compatible unless the buildina is constructed with a wood exterior. In cases where roof-top equipment may be visible from above, the Director will determine if the equipment must be painted to match the roof b) Locations. All required screening or buffering shall be located on the lot occupied by the use, building, facility, or structure to be screened. No screening shall be located on any public right-of-way or within eight (8) feet of the traveled portion of any street or highway. c) Site improvements or redevelopment consisting of less than a 100 percent increase in gross floor area where the above requirements are impossible to meet based on site constraints as judged by the Director shall conform to the following requirements: i. All residential structures with more than three (3) units and all commercial, industrial, and institutional uses shall provide a screening enclosure for required dumpsters. Such enclosures shall be high enough to completely screen the dumpster from all property lines; ii. Dumpster enclosures shall be constructed of durable, weather resistant materials which are properly anchored. Enclosure materials shall be similar to the principal building; . iii. Dumpster enclosures shall provide sufficient space for required dumpsters and additional space for storage of recyclable materials. In no case shall they exceed 600 square feet in area; iv. Dumpster enclosures shall be located behind the front building line of the principal building (as extended to the side lot lines). Enclosures shall be set back not less than five (5) feet from any lot line or any other building on the premises, unless integrated into such building or approved by the Building Official; and v. All dumpster enclosures shall have a concrete floor. Section 19 Subsection 549.21, Subd. 4 of the Richfield City Code is amended to read as follows: Subd. 4. Banners and other temporarv siqns. Banners and other temporary sians, where permitted, are subject to the following standards: (Amended, Bill No. 2011-13) a) Banners shall be attached to a structure, shall be strongly constructed, and shall be securely attached to their supports; b) Banners and other temporary siqns shall be removed (including all framework and supports) as soon as damaged or torn; c) There shall be no more than one (1) banner per tenant on any building frontage (see Subsection 549.23 for size allowances); d) Due to the construction methods of banners and other temporary signs and their tendency toward damage, �e� none may be displayed for more than 28 days; and e) No more than four (4) temporary sign permits shall be issued to any business organization or institution within any calendar year. Section 20 Subsection 549.23, Subd. 1 of the Richfield City Code is amended to read as follows: Subd. 1. Residential Districts. a) Within residential zoning districts, freestanding signs are permitted as follows: District Maximum sign area Maximum Total area of all of single sign : height freestanding signs R, R-1, MR-1 6 square feet 6 feet 12 square feet MR-2, MR-3 24 square feet ! 8 feet ' 36 square feet Permitted 50 square feet 25 feet 100 square feet Nonresidential Uses b) Within residential zoning districts, wall signs are permitted as follows: District Maximum sign area of single sign R, R-1, MR-1 Not permitted except as required by Section 549.21, Subd. 3. 'MR-2, MR-3 10 percent of total wall area of the wall to which sign is attached 'Permitted Nonresidential 15 percent of the total wall area of the wall to which sign is Uses attached Section 21 Appendix I, Section 3, Clause (91) of the Richfield City Code is amended to read as follows: (91) M-5 (SW corner, 64th and ��aaeNicollet). Lot 1, Block 8, Rearrangement of Nicollet Homes 2nd Addition. Section 22 The Richfield City Code is amended by repealing Subsection 507.07, Subdivisions 26 and 101 Section 23 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this day of , 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk I I�I ' AGF,NDA SECTION: CONSENT. AGENDA 1TEM# 6K REPORT# 9G STAFF REPORT e�' � ' CITY COUNCIL MEETING MAY 13, 2014 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER , NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � SIGNATURE OTHER DEPARTMENT REVIEW: + � ' � �,: S7GNAT � � fr REVIEWED BY CITY MANAGER: " / ITEM FOR COUNCIL CONSIDERATION: Consider an amendment to the Final Development Plan and Conditional Use Permit for the Richfield-Bloomington Honda and Mitsubishi Planned Unit Development. The proposed amendment requests the addition of parking on the roof of the Honda building as well as minor site and material chan es. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution for an amended Planned Unit Development, Conditional l�se Permit and Final Development Plan for Richfield-Bloomin ton Honda. II. EXECUTIVE SUMMARY Last June, the City Council approved redevelopment plans for a new Richfield- Bloomington Honda and Mitsubishi campus along Interstate 494. The Mitsubishi building is under construction now and construction of the Honda building is expected to begin late spring or early summer. In the course of preparing final building plans, the project has undergone a revision that is mathematically large enough to require Council approval of an amendment. The anticipated impact of the changes; however, are minimaL The revised Honda project will include the addition of 143 parking stalls on the roof of the Honda building. The roof-top will be used to store vehicles requiring minor 051314-501 77th St W(Honda)APUDxxx service, but not body work. The applicant has supplied perspectives illustrating the � fact that these cars will not be visible from ground-level. This modification also allows Honda to add a second level of cantilevered display space on the south side of the building; making for a more dramatic view from Interstate 494. The developer is also requesting a change in the primary exterior building material from EIFS to precast concrete. The precast will be sandblasted to expose the underlying aggregate and the actual look of the building will not significantly change. The type and color of precast proposed was recently used in the construction of the Luther Brookdale Honda facility. Additional minor changes to the building footprint have been made which will decrease the front setback by approximately six feet and increase interior square footage slightly along both the west and south sides of the building. Both of these changes will bring the project closer to full compliance with underlying Mixed Use District requirements. III. BASIS OF RECOMMENDATION A. BACKGROUND • The property was rezoned from Mixed Use — Regional to Planned Mixed Use in 2013. • The Comprehensive Plan guides the property for Regional Commercial and/or Office use. B. PoLICY Ptanned Unit Developments are intended to encourage the efficient use of land and resources and to encourage innovation in planning and building. In exchange for these efficiencies and superior design, flexibility in the application of dimensional requirements is available. There are a number of different sets of review criteria that apply to this proposal. The following provides a summary of the specifics related to this amendment; a full discussion of all requirements is included as an attachment to this report. • More than a five percent change in the number of parking spaces or any change in approved building setbacks for a Planned Unit Development is considered a major amendment. Major arnendments are to be considered by the Planning Commission at a public hearing and decided upon by the Council. o Parking —The parking to be added is on the roof of the approved building. It will not add additional impervious surFace or significantly change the appearance of the . building/site from ground level. The roof-top vehicles will be visible to guests on the upper floor(s) of the Sheraton Four Points Hotel, as will the surface parking. o Setbacks —There will be a small decrease in the front setback as the building is expanded to the north. The proposal will reduce the front setback from 28 feet to 22 feet, bringing the building closer to compliance with the maximum 15-foot setback in this District. • Changes to building materials, parking lot/island configuration and slight increases to building area are considered minor amendments and are generally reviewed at the staff level. o Building materials —The primary material will change from EIFS to precast concrete. The proposed finish will be the same and there will be little to no noticeable difference. o Parking lot configuration — Minor changes to parking �I islands have been made in order to accommodate an , enlarged trash room and stairwell. There have been no overall changes to impervious surface. o Building floor area —The interior floor area of the building has increased from 107,000 sq. ft. to 118,000 sq. ft. Roof parking is not included in this calculation. The increased square footage is in keeping with the Regional Commercial/Office designation. C. CRITICAL TIMING ISSUES • 60-DAY RULE: The 60-day clock `started' when a complete application was received on April 14, 2014. A decision is required by June 13, 2014 OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision. � D. FINANCIAL • The required application processing fee has been paid. E. LEGAL • A public hearing was held before the Planning Commission on April 28, 2014. • Notice of the required public hearing was published in the Sun Current newspaper and mailed to properties within 350 feet of the project area. • No members of the public spoke at the public hearing. • The Planning Commission recommended approval (5-0). F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATNE RECOMMENDATION�S� • Approve the attached resolution with additional and/or modified stipulations. • Deny the request with findings that it does not meet City requirements. V. ATTACHMENTS • Resolution • Required Findings , • Proposed Plans I • Planning & Zoning Maps VI. PRINCII'AL PARTIES EXPECTED AT MEETING • Tim Carter, General Manager of Richfield-Bloomington Honda • John Oney, Architectural Alliance RESOLUTION NO. RESOLUTION APPROVING AN AMENDMENT TO THE FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AT 401-77TH STREET WEST, 501-77TH STREET WEST, 7724 HARRIET AVENUE, 400-78TH STREET WEST, 500-78TH STREET WEST AND 520-78TH STREET WEST I WHEREAS, an application has been filed with the City of Richfield which requests approval of an amendment to the Final Development Plan and Conditional Use Permit for a Planned Unit Development to allow construction of an automobile dealership and service campus at 401 — 77th Street West, 501 — 77th Street, 7724 Harriet Avenue, 400 — 78th Street West, 500 — 78th Street West and 520 — 78th Street West and legally described in the attached Exhibit A: WHEREAS, the Planning Commission of the City of Richfield held a public hearing and recommended approval of the requested amendment at its April 28, 2014 meeting; and WHEREAS, notice of the public hearing was published in the Sun-Current and mailed to properties within 350 feet of the subject property on April 17, 2014; and WHEREAS, the request meets those requirements necessary for approving a planned unit development as specified in Richfield's Zoning Code, Section 542.09, Subd. 3 and as detailed in City Council Staff Report No. ; and WHEREAS, the request meets those requirements necessary for approving a Conditional Use Permit as specified in Richfield's Zoning Code, Section 547.09, Subd. 6 and as detailed in City Council Staff Report No. ; and WHEREAS, the City has fully considered the request for approval of the amended Planned Unit Development, Final Development Plan and Conditional Use Permit; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The City Council adopts as its Findings of Fact the WHEREAS clauses set forth above. 2. A amended Planned Unit Development, Final Development Plan and Conditional Use Permit are approved for an automobile dealership and service campus as described in City Council Report No. , on the Subject Property legally described in Attachment A. 3. The approved Planned Unit Development, Final Development Plan and Conditional Use Permit are subject to the following conditions: • A recorded copy of the approved resolution must be submitted to the City prior to the issuance of a building permit. • A recorded copy of the approved resolution must be submitted to the City prior to the issuance of a building permit. • The property must be platted and the plat recorded prior the issuance of a building permit. • All conditions of the previous Planned Unit Development remain in effect. • The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City's Administrative Review Committee Reports dated May 9, 2013 and April 8, 2014, and compliance with all other City and State regulations. • Prior to the issuance of an occupancy permit the developer must submit a surety equal to 125% of the value of any improvements not yet complete. 4. The approved Planned Unit Development, Final Development Plan and Conditional Use Permit shall expire one year from issuance unless the use for which the permit was granted has commenced, substantial work has been completed or upon written request by the developer, the Council extends the expiration date for an additional period of up to one year, as required by the Zoning Ordinance, Section 547.09, Subd. 9. 5. The approved Planned Unit Development, Final Development Plan and Conditional Use Permit shall remain in effect for so long as conditions regulating it are observed, and the Conditional Use Permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 547.09, Subd. 10. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of May, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk EXHIBIT A LEGAL DESRCRIPTIONS Parcel 1: That part of the East 150 feet of the West Half of the East haif of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, lying South of the North 30 feet thereof and lying Northerly of State Highway, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. 520 78t" Street West Parcel 2: The South 44 feet of the North 324 feet of the East Quarter of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, Hennepin County, Minnesota. 7724 Harriet Avenue South Parcel 3: That part of the East Quarter of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, Hennepin County, Minnesota, lying South of the North 324 feet thereof and lying North of the Northerly right of way line of Highway No. 494 as acquired under Final Certificate filed as Document Number 3417875, except the East 30 feet thereof. 500 78t" Street West Parcel 4: The North 280 feet of the East Quarter of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, Hennepin County, Minnesota, except the North 30 feet and the East 30 feet thereof, Hennepin County, Minnesota. 501 West 77th Street � Parcel 5: The South 45 feet of the North 75 feet of the North 230 feet of the West Quarter of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, Hennepin County, Minnesota. 401 77t" Street W Parcel 6 Parcel A: That part of the East 65 feet of the West one-fourth of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, lying South of the North 314.25 feet thereof, and lying Northerly of a line running from a point in the East line of the West one-fourth of said Southeast Quarter of the Southwest Quarter of the Southwest Quarter distant 120 feet North of the Southeast corner thereof, to a point in the West line of said Southeast Quarter of the Southwest Quarter of the Southwest Quarter, distant 150 feet North of the Southwest corner thereof, Hennepin County, Minnesota. Torrens Property, Certificate No. 711184 Parcel B: That part of the West-one fourth of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, lying South of the North 230 feet thereof and lying Northerly of the following described line running from a point in the East line of the West one-fourth of said Southeast Quarter of the Southwest Quarter of the Southwest Quarter distant 120 feet North of the Southeast corner thereof to a point in the West line of said Southeast Quarter of the Southwest Quarter of the Southwest Quarter distant 150 feet North of the Southwest corner thereof, except the part of the East 65 feet of said tract lying South of the North 84.25 feet thereof, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Torrens Property, Certificate No. 711184 Parcel C: All that part of the East Three Quarters of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28 North, Range 24, West of the 4tn Principal Meridian, lying West of the East 330 feet, thereof and South of the North 220 feet thereof and North of the North line of State Highway, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Abstract Property Parcel D: The North 220 feet of all that part of the East Three Quarters of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28 North, Range 24, West of the 4t" Principal Meridian, lying West of the East 330 feet thereof. ALSO: The South 155 feet of the North 230 feet of the West Quarter of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter, Section 34, Township 28, Range 24, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Abstract Property Required Findings Findings required for an amendment to a PUD are the same as those required for the original PUD approval. The minor nature of the proposed changes leaves these findings largely unchanged. Additional text related specifically to this amendment is shown in blue. Part 1: Development proposals in the Mixed Use Districts shall be reviewed for '' compliance with the following (537.01, Subd.2): 1. Consistency with the e/ements and objectives of the City's development guides, inc/uding the Comprehensive Plan and any redeve/opment p/ans established for the area. The City's Comprehensive Plan designates these properties as Regional Commercial/Office parcels within the "urban village" framework of the I-494 Corridor Master Plan ("Master Plan"). The entire I-494 Corridor ("Corridor") is envisioned as an area of multiple story buildings that are more densely developed than the surrounding area. The vision aims to make the Corridor more unique and identifiable, urban in character, pedestrian-friendly, economically viable and ultimately, more livable. As envisioned in its final form, including the proposed multi-story parking structure, this proposal exemplifies the changes desired in this area. In its interim form, without the parking structure, the proposal makes great strides in many aspects of site and building design (I- 494 "green edge," 77th Street as a "great street", parking behind buildings, buildings that front the street with entries and interesting shop windows); however, falls far short of the building coverage and overall site density that the Community envisioned in the Master Plan. Honda is requesting an extended phasing time in order to absorb the space constructed originally and then to construct the parking ramp with a potential shared internal service facility (pre- sale inspection, repair, etc.) in 2020. Given the magnitude of the changes and investment on the site, it is reasonable to assume that Honda has every intention of increasing their sales and inventory to a point that will necessitate the multi- story parking structure and has submitted documentation indicating as much. Staff recommends that land use approvals include a requirement for construction of the proposed ramp by December 31, 2020. Beginning in 2015, the property owner and local manager must meet with City staff to discuss progress toward this goal. A PUD amendment and building permit are necessary prior to construction. If a building permit has not been requested by June 1, 2020, the property owner must return to the Council to request an extension or amendment to the approved Planned Unit Development. 2. Consistency with the regulations of the Mixed Use Districts as described by Section 537 of the Code. The proposed development meets the intent of the Mixed Use District regulations. The proposal deviates from regulations as follows: • Use —The Mixed Use Districts allow auto rental as an accessory to office and hotel uses. Honda proposes to include a small accessory auto rental business that would primarily serve Honda and Mitsubishi service customers. Staff believes that this is substantially similar to what the Code allows and recommends approval with the condition that no signage or advertising, with the exception of directional signage, for the auto rental business be permitted. • Building eoverage — In the finro Mixed Use Districts that provide for primarily commercial devetopment, the minimum building coverage requirements are 30 percent (MU-C) and 50 percent (MU-R). The proposed amendment will increase initial building coverage from 22 to 23 percent. Building coverage will again increase when the 47,000 sf ' parking structure is constructed. 'i • Impervious surFace —The maximum impervious surFace allowed is 85 percent of the site. The existing parcels are 86.6 percent impervious and the proposal is for a site that will be 86.5 percent impervious. Additional underground infiltration will be provided. When included, the overall impervious area decreases to 85.9 percent. The proposal does not strictly meet requirernents; however, the situation is improved and the green space provided is in keeping with the intent of the District regulations. The site will provide a significant amount of usable outdoor open space (8.2 percent); where none is available now. Parking lot islands will also increase from 4.9 percent of the parking lot to 6.5 percent. • Setbacks — • The proposed buildings exceed the maximum front setback limit of 15 feet. The proposed Mitsubishi building is set back 25 feet and the original Honda plans called for a setback of approximately 28 feet. The proposed amendment will decrease this setback to 22 feet and bring it closer to compliance with guiding district regulations. Of the existing buildings, the nearest to the road (LaMettry) is set back over 40 feet. Other existing buildings are set back over 100 feet from the right-of-way. The area between the proposed buildings and the street will be used for vehicle display and include substantially improved landscaping and pedestrian lighting that will coordinate with other newer developments along 77tn Street. • A buffer yard of 15 feet is required to separate auto sales businesses from all adjacent parcels. Honda proposes buffers of 10-12 feet, which maintains or expands upon the existing setbacks. Additional landscaping shall be provided to better screen the new dealership. • A 15-foot landscape buffer is required along I-494. In this particular area, there is a sound wall along the Interstate that would make this buffer yard largely invisible. To meet the intent of the regulation (creating an attractive, landscaped view of the City from I-494), the applicant has proposed a number of substantial landscape islands set farther back from the property line and therefore visible from the highway. 3. Creation of a design for structures and site features which promotes the following: i. An internal sense of order among the buildings and uses. The location of buildings, drives, amenities and walkways provide a safe and accessible site that will adequately serve everything from large tractor- trailer delivery trucks to pedestrians. ii. The adequacy of vehicular and pedestrian circulation, including wa/kways, interior drives and parking in terms of location and number of access points to the public streets, width or interior drives and access points, general interior circu/ation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. See above (i). iii. Energy conservation through the design of structures and the use of landscape materials and site grading. The proposal includes many sustainable design practices including use of only local/native landscaping plants, changing/shower facilities for employees, a "white" roofing membrane, a carwash recycle system to reclaim 90 percent of the water ' used and more. A full list of sustainable strategies is provided in the attached letter from Architectural Alliance. iv. The minimization of adverse environmental effects on persons using the development and adjacent properties. The proposed design includes improved buffering and landscaping along property boundaries and significantly reduced light levels. These modifications are anticipated to improve conditions for adjacent properties. No adverse impacts are anticipated. Part 2: The following findings are necessary for approval of a PUD application (542.09 Subd. 3): 1. The proposed development conforms to the goals and objectives of the City's Comprehensive Plan and any applicable redevelopment plans. See above — Part 1, #1. 2. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. See above — Part 1, #3. 3. The development is in substantial conformance with the purpose and intent of the guiding district, and departures from the guiding district regulations are justified by the design of the development. The development is in substantial compliance with the intent of the guiding MU Districts. Deviations from MU and Performance Standard regulations have been allowed in order to accommodate particular conditions of the site (Interstate soundwall), existing conditions and project staging needs. All deviations are consistent with the intent of the MU District regulations. 4. The development will not create an excessive burden on parks, schools, streets or other public facilities and utilities that serve or area proposed to serve the development. The City's Public Works, Engineering and Recreation Departments have reviewed the proposal and do not anticipate any issues. 5. The development will not have undue adverse impacts on neighboring properties. No undue adverse impacts are anticipated. Site improvements are expected to improve conditions in regard to adjacent properties. 6. The terms and conditions proposed to maintain the integrity of the plan are sufficient to protect the public interest. The final development plan, which establishes the terms and conditions of the development, meets this requirement. All uses are conditional uses in the PMU District. The findings necessary to issue a Conditional Use Permit (CUP) are as follows (Subd. 547.09, Subd. 6): 1. The proposed use is consistent with the goa/s, policies, and objectives of the City's Comprehensive Plan. See above — Part 1, #1. 2. The proposed use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The use is consistent with the intent of the Planned Mixed Use District and the underlying Mixed Use Districts. The proposal provides a "destination oriented commercial" use at what will be (with the multi-level , parking ramp) an increased level of density/intensity. The site plan includes pedestrian-oriented building siting, improved landscaping, and attractive public and private spaces with a pedestrian and bicycle friendly character. 3. The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. The proposal includes additional landscaping and pedestrian elements called for as part of the 77th Street Corridor. 4. The proposed use is or will be in compliance with the performance standards specified in Section 544 of this code. The proposed development is in substantial compliance with City performance standards. Deviation from Code requirements is requested as follows: • Signs — 1) The applicant is proposing three pylon signs and permission to construct a fourth should an additional dealership join the proposed campus. The proposed signs would all be 35 feet tall. This is the height of the existing sign, but exceeds the maximum height limit by eight feet. The square footage of the proposed signs is well within City allowances. 2) Plans for "The Boulevard" (vacated and redesigned Harriet Avenue) include entry elements on either side of the street. The proposed architectural walls will wrap around benches and include dealership emblems on either side of the bench. The walls are proposed to extend up to the right-of-way line. While sign requirements state that all aspects of signage must be set back a minimum of five feet from the right-of-way, the advertising aspect of these elements is limited. So long as the proposed walls maintain a three-foot setback from the sidewalk to prevent damage from snowplowing, staff supports the requested modification. • Lighting — Existing light levels at the Honda dealership exceed 90 footcandles; City Code allows 4.0 footcandles maximum in surFace parking lots. The proposal reduces overall light limits significantly. The proposed maximum is 14 footcandles. Light levels adjacent to neighboring properties meet City requirements. 5. The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. The City's Public Works and Engineering Departments have reviewed the proposal and do not anticipate any adverse impacts. 6. The use will not have undue adverse impacts on the public health, safety, or welfare. Adequate provisions have been made to protect the public heath, safety and welfare. 7. There is a public need for such use at the proposed location. 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N 77TH STREET S��ei�� Required r�o��d�d = � - Lron�Ya�J(f�omau�siJecwLeJg�) 19'ya�kineJlO'JeyWy 19'perAine/14'dirylaY � � -- _ SdcYnrdWes� IS'-0' 12'-�'/t0'-0' � SJcVarJ Wu 15'-0' 10'-0' O Ba�kYaed I5'-0' u � � � T �--------------------n--------------------------- — — r�rvia�ssn�nres �R R RIGHT IN i J T I\E E T �� `J J M�� T�� _-_-_--- �� ous Required P�avided 7 �,J,J 1'ernous��ea o�equalioilkexa�ng t3.5°6 G u- �� I1 11 � Penr eafw/uweeg�uunJi�W�ramn) 1atW \\ _. _O— -- ' '__ _" __ __— Usea6leArea: � \\ p' _¢ _ — _13 _ � —� � R�olrsd Pr-qex- O � �� w — — — I � ��--��--�j--�j---�— .. p I �5 � I Uu bl A (/d�uy..rca) Use 6kH ( d pUyarea) STOfH�e O � I � � � � � 'p - bl �IlMprnvded(nrpudkuu. � . t — �—.' . - I ' - 15 � �I = � �i apa be M1 II P e p uz� � � � I 24 / __—'_15 ._ iiii , �_�� y = s I ParkinglslandAreab d prn ded u a . x --�r��sv�'$ `+-:{ ._�;�WSV1oUS_9wtpN� � _I`�- ____ _________— ______ if I ama olpa�kmgislunds s w 9ug c,X ul parbng�u ~ � F��M�� ,� �� ) I � _ n� ,k,��o, � / � 'w, � i ��. � I Parking[ou : 1 I',"I � • _ < � I , li - .�a0p6$en � ��0�� ' Requ'red Prov'ded O �� I I Sc Bays(4+2perbay) � -�0�� - I , '�95erv�uBaysl'�opo=ed(HOMa) '102� Iiu2. � � . +{ f � 95nv��ePaysP�op d(A4�bW�i) 26 36 — � ��: i,�- =3�T`�, �� ` :� �Q��- I I Re�ail/Showroom(2pe 1000sq(i) vr.� ! n � I � ain�eP�o�d�m ) � � }� ��I�L�s MN s�5��3 � RIG`HFI�L13 IVIN f�4�3 I i � �,� �iq �;. 4.1'SSqf�I4bnJaF��c�b� � ��_. ��!. � ?�. �(( � - rye .cn(��.r - � 'S.W)sqf�(1.4�suLs1�E.�no'�nylay) � � .. . ;� I � r.y 2W yi�FAG�� i anJJinonal5u�la�eParkM Pravded 'o ��99'. 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'-o•,is'+�' Ot� ` � : 2 I ra,andr�k��R e-s•,zso• G L , 1L ��p��,y, ti _ 1� . — I I I(nvei�o'YPark�y 0'U'r1fiU' �t�� _ PBi�i�C+Yln'/ - _ �F � "'"�° �'"� N'`O�( �T��r'�� / I I I I DrveA�sleWidrh ` �"�� - N4sleLei..eeiparkingspa�es �4"4� ` � d x t� � � � FkYn[mrynNe 24"� �O� •�:.�' 2 - I __—__ __ __ I $Ignage � ;- - i � i '4sqf�perfao�o(b�fromagc ��r Q *64tLnearfretalong7Thstree� � � I I •1304 m[al Imear fect of fron�uge o�a.tm —"� �I '�� _ � �j a I ' I Allawable Propaaed � � � I I � 1304'4-5,2165q(f i2165q(f ■P�amNry o5/13/13 ❑�iSH rroposedsignagc ❑rw�sn ' p1tFY�M7$aFW�� ! 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LOCI(Efl� �fla� � , 225 P0� � 270 � 244 e �� _._ ... � �, . ., . ._.� _ ' . ____ . - �'_ �___ ... . ' �� - ___ . `. ,� c� � . � :� � . � � � . VEWCLE � � ' . . NNENTOflY - . zao . . i�.. , . . .. B` B5 G� /; � � �� - - - � 'y � � �_ � �� l.; 1' 7.1 �� — — � — — I I — — — � . . ----- — { t , . I _ ---------- ` x ; - `'�• 1 s ranTS , � G�� 0` . 233 MIIPA : ' .-..-. ,[ �. za000 ' - O�`` �� ' ---_`-- --------- - . . . � ' ,- -. - ''�. . J�' �, ,// �� ,' ;. . : . . : .... .,..: . ::: __ _ �' `, `'s�� i 6 . . .. sru�as /f��1��/��/1///1�1��/�l�/l�1l�� worn� �O I .._� _... _. , .. _ WASHEN� j/i! ` li _ URYEP j sru�as sru�as j,�� __' . . ��;/, . 238 ttrnigz T�� [STALL48 r .. _ . — — — 236 1 I`I �� ■P6Mrey 19I19 � HUSTTWCH ❑gusa 1! � - �,. STALL37 � STPLL34 STALL23 240V ❑�� O corctucron I /l _� .._ ,. ..... ._. � � STALL39 ' � STALL33 � STPLL24 ¢yzeROt4 ' � . . . . I '� ; . . . 4 � I � STALL47 �� ..� .. �_i �J. � L_--_— �, � �.{ . . _. .. I DETR0. g ..- ' . 2 OX STAILJ2 I. 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AGENDA ITEM# 6L REPORT# 91 STAFF REPORT . ,� CITY COUNCIL MEETING MAy 13, 2014 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: ❑X �� SIGN RL OTHER DEPARTMENT REVIEW: � N/ i SIG A 'URC .'' ' , REVIEWED BY CITY MANAGER: j � /� ` � � ITEM FOR COUNCIL CONSIDERATION: � Consideration of Contract Change Order#2 for the Richfield Ice Arena —2013 Locker Room I Addition Project in the amount of$11,411.00. I. RECOMMENDED ACTION: By Motion: Approve Contract Change Order #2 for the Richfield Ice Arena — 2013 Locker Room Addition Project in the amount of $11,411.00. 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#2 in the amount of$11,411.00. In Items in Change Order#2 include: 1) Dispose of garbage material excavated onsite $4,778.00 2) Repair existing brick wing wall for precast roof bearing $2,037.00 3) Additional steel angle support at ramp area $385.00 4) Add 4 inch block wall in toilet area $1,266.00 5) Additional steel angle at top of concrete block walls $2,780.00 6) Increase the size of the plumbing chase access panel 165.00 Total Change Order#2 $11,411.00 0510change orders With Change Order#2 the new contract amount with Derau Construction is $553,536. III. BASIS OF RECOMMENDATION A. BACKGROUND Mike Klass of Wold Architects is providing supervision over the construction process of the project. He has conducted a thorough study of each change order item including price verification. Details follow: GCPR#4 This item included disposal of garbage material excavated onsite to a landfill. $4,778.00 GCPR #7 Costs to repair existing brick/block wing wall for precast as required for precast roof deck bearing $2,037.00 GCPR#8 Costs to add and additional steel angle support at the ramp area as required for precast plank bearing. $385.00 GCPR#9 Costs to add 4 inch concrete block wall to the existing brick wall in the toilet area and north-south hallway. The block was required to cover up existing waterproofing membrane that could not be removed from the brick in PR#4. $1,266.00 GCPR#11 Costs to provide additional steel support angles at top of interior concrete block walls, and sealant from top of wall to deck. This work was not included in the support documents (PR#6) $2,780.00 GCPR#13 Costs to increase the size of the plumbing chase access panel from 24'x24' to 36'x36' (PR#8). 165.00 Total Change Order#2 $11,411.00 B. POLICY • 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#2 the new contract amount with Derau Construction is $553,536 and thus requires Council approval according to City policy. C. CRITICAL TIMING ISSUES • None I _— D. FINANCIAL • 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 SAC/WAC $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 • The amount of Change Order#1 and #2 exceeds the construction contingency, however, other items in the budget cost less than anticipated. The total estimated cost of the project to date including the change orders is $612,536.00 E. LEGAL • NA F. ENVIRONMENTAL CONSIDERATIONS • NA IV. ALTERNATIVE RECOMMENDATION(S� • None V. ATTACHMENTS • AIA Document G701 — 2001 CHANGE ORDER, dated April 7, 2014. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None � , �� ' �`� ��, �� April 10,2014 ��. � � �� ,� �� ' : � � � � �#� � � Jim Topitzhafer �� ` � ��°'- City of Richfieid � 6700 Portland Avenue South � �� Richfieid, Min�esota 55423 � � � 1 �1 �� `� �'�'4��'.�°��.�"�� Re: City of Richfi�ici R'ichfield Ice Arena—2013 Locker Room Addition j;'° ` "'`` �' '3 'W' Commission No. 132178 ..s1(� ��l`�f_��(�f . ,��s' �� r;�>: :��< �;;, DearJim: s , ��;� �� ?t � `3�J�o „ ,�r„ y�e �,: Enclosed qou will find Change Ord�r#2 for wark nn the Richfi�{tl fce Arena—2013 Locker Room Addition projecf. An itemized 1is1 of the items included is as follaws: GC'PR#4 This item incfuded costs Eo dispose of garbage material exca�ated onsite, to a lancifill. Aciii $ 4,778:00 I GCP(�#7 This item included costs ta repair the existing brick/block wing wal)as I, required for�precast raof deck bea��ring(PR#3), Add $ 2,0�7:0� I� GCPR#8 This item included costs to add an additional steel angle at the ramp area as I', required for precast plank beacing. Add $ 385.00 ', GCPR�9 This i�em includ�d costs to add 4" concrete block#o the existing brick wall ' in the toi9et area and the norkh-south haliway. The bdock was required�a cover up existing wa�erproofing membrane that could not be removed from the brick(PR#4). Add $ 1,266.00 GCPR#11 This item included costs to prnvide additionai support angles at the top of interior concrete block wafls,and sealant from top o#wa11 to deck, Tl�is work was not included in fhe original docurnents(P�#6). Add $ 2,78Q,00 GCPR#13 This item includes the cost�o increase the size of the piumbing chase access panel from 24"x24"to 36"x36" (PR#8). Add $ 165.�0 Total Cfiange Order#2 ADD $11,411.00 Please sign the Change Qrders and return aif tv�ro(2)copies to my attention. Sincerely, WOLD ARCHITEGTS AND ENG'I'NEEfiS � x.-�,..�,.��...�.:..-�A Michael W. Kiass//Assac.AIA, LEED AP Assoeia�e Enelosure cc: Dave Conrads,City of Richfield ��§�� Emma Survis,Wofd E��irt�� ;�� SS/CI_Richfield/132178/crsplaprlA �€��t�t� G��-��1�1"1�3`� i:9}`.`9� 1�E��`t.,,—�"*`U`'�'��'1�?�; �C?� �r��t..t�:��i�`,`; �I��ViC��I��"1Gt�� I � `-�.-� ��cu�t�n� {�7Q17M -� 20�1 Ghar�ge �rder _ PROJECT(Name and address}; CHANGE ORDER RtUMBER:Two{2) " ,flyy(��;[� Itic�eid Ice Azena--2Q33 Locker Rnnm QAt�:March 27,2014 ARCHITECT:❑ Addition 636 EaSt 66th Street �{�N��Td�:❑ ltiohfield,Mintzesota 55423 TO CONT�tACTQR(Name and address): ARCHITECT`S PRt3JECT NUMBER:t3217# FIELD:[� Darau Construction CQNTFtAGT DATE:November 13,20T3 09'HER:❑ ��-,�-(� #�8�East Cliff Road COAITRACT FOR:General Constzuctian �urnsville,Muutesota 55337 THE CQ�ITRRCT {S CNAAlGED AS FOLLOWS: (Inctude,tivhere ApplJaable,any urufisputed trmnunJ attributab/e do prevlously executed Canriruation Clun�ge Dirertives) GCPR#4 Add $4,778:00 GCPR#7 Add $2,037.40 GCPR#8 Add $3�5.0� GCPR#9 Add $1,266.a0 CICPR#11 Add $2,7$D.OQ GCPR#13 Add $1b5.00 TOTAL CHANGE URDER NU.2 Ad8 �11,411.04 The original Cantracf Sum was S 510,90Q.00 The net change by previous9y au#horized Change Qrders $ 31+223.00 The Contraet Sum prioe to this Change(7rder was $ 542,125:00 The CnntrscrS�am will be ancreased hy this Change Order in the amoun.t of $ l 1,411.00 The new Coniract Sum inciuding this Change Order will be S 553,536;00 The Contruct Time wiI1 be 3ncreased by Zera(4}days, The date of Substantiai Camplerian as of the date of this Change Order therefore is Merch 28,2014 NOTE.This Chan�e Order does not inciude changes in the Gontract Sum,Contract Time nr Guas�anteed Maximum Price whiah hsvr. been authorized by Construction Change Directive until the cast and time have been agrsed upon byhnth the Owner and Contractor,in whir.h ease a Change`Order is executed to supetsede the Construction Ctr�nge Directive. Na? VAL10 UNTlG S(GNED BY THE ARGHfTECT, CONTRACTOR,APIp Q1R�PI�R. tiVo3d Architects and Enp,ineers Deeau Construciion City of Richfietd ARCF3ITECT(Ftrm rurme) COWTRACTQR(Firm name) OYVN�R(�rm namej 305 Saint Peter Street 106I Enst CliffFioad 6700 I'ortlsnd Aveaue S�uth Saint Paul Minzresota 55102 Burnsvitle Minnesat�55337 Riahfisld=Minnesota 55423 ADD SS � ADDRES5� ADDRESS BY(Signat re} BY(Si,�rat �e) 8Y(�Ignature) �B�C �a k t./�'i�" � �,."`�._._ �..._.. (Typed name1 (Typ name) �ped nome} _____�� __-___��c� �ATE DATE ' DATE 8;;;z AtA DocumentC37a1 T"-2tl01.Copyright 3�1879,198T,200k and20o1 by 7he Amedcenlnatltute of Architeats.Ali rlght4 reaecved.WARNING:Thia AIA° Rocument 3a protecfsd by U.S.Copydght Law and lntsmaQortai 7reatlea.Unsuthodzad repraduatlanor disldbudon ofthis AtA°'oacument,or any ,� portfort ai k,may result i�ssvsra civlf and crEminat penaltfea,and wlii t+e praeecutad to the maxtmum axtent possFhle undsr the law.Thisdocumentwas produced bgAlA aattware et 1o:5Q:10 on d3/2712014 under Ordar Na.6509786878 i whlch explrea on Of/ZAl2015,andJs nofforreaale. User Notes: {127113274�j AGF_.NDA SECTION: PUBLIC NRG AGENDA ITEM#� 8 t�,PORT# 92 STAFF REPORT �/ r ' CITY COUNCIL MEETING MAY 13, 2014 REPORT PREPARED BY: MATT BRILLHART,PLANNING TECH. NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � ,� SIGNATURE OTHER DEPARTMENT REVIEW: � 1 ^ IV`' SIGNATU ;i ;, REVIEWED BY CITY MANAGER: � y,'' �� ITEM FOR COUNCIL CONSIDERATION: Public hearing to consider a request for a Conditional Use Permit and Variances to allow construction of a 75-foot antenna tower and accessory structure at the Richfield Public Works buildin . I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Approve a Conditional Use Permit and Variances to allow construction of a 75- foot telecommunication tower and accessory structure at 1901 66th Street East. II. EXECUTIVE SUMMARY Buell Consulting, on behalf of Verizon Wireless, has applied for a Conditional Use Permit (CUP) and Variances to allow construction of a new telecommunication tower at the Richfield Public Works facility. The proposed tower is intended to improve wireless communication capacity in the area. Telecommunication towers are a conditionally permitted use in the General Commercial Zoning District. The proposed tower meets all requirements of the Zoning Code. In addition to the tower, the applicant is proposing an accessory building to house communications equipment. The applicant is requesting two variances related to the accessory building. City staff and the Planning Commission have reviewed the proposal and recommend approval of the CUP and Variances. 051314-1901 E 66th St CUP&VAR(Antenna at Public Works Maintenance Facility) In addition, the City and Buell Consulting, on behalf of Verizon Wireless, are currently in negotiations to allow for the construction of a telecommunication tower and to lease land on City property. Upon completion of negotiations, the lease will be brought before the City Counal for consideration. III. BASIS OF RECOMMENDATION A. BACKGROUND . N/A B. PoLICY . In the General Commercial (C-2) Zoning District, telecommunication towers are a conditionally permitted use, when in conformance with the applicable provisions of Subsection 544.25 of the Zoning Code. The proposed tower meets the co-location, monopole structure-type, lighting, advertising and screening requirements. No existing towers are located within one quarter mile of the proposed site. The Code also requires that towers maintain a minimum distance of twice the height of the tower from residential structures. The nearest residential structure is more than 500 feet away from the proposed monopole. . Along with the proposed tower, the applicant is proposing an accessory structure to house communications equipment. The structure will be designed to match the existing Public Works building in materials and color. The applicant is requesting two variances related to the accessory structure. The first variance is to the number of accessory buildings allowed. The Zoning Code allows properties in the C-2 district to have one accessory building. As the Public Works Maintenance Facility already has an accessory storage building on the site, this requires a variance. The second variance is to the minimum side setback requirement. The street side setback requirement for an accessory building is 25 feet. The applicant is proposing a side setback of 11 feet, 10 inches facing Longfellow Avenue. • Staff finds that the criteria necessary for the issuance of a variance i are met. Strict enforcement of the Zoning Code would cause a , practical difficulty for the applicant. The proposed tower meets all requirements, but cannot be built without an enclosed storage building to house telecommunications equipment. Locating an antenna tower and equipment building on this site is a reasonable use of the property. Additionally, the Public Works Maintenance Facility property is platted in an atypical "teardrop" shape. Public Works has requested to reserve space ad�acent to their existing storage bins for future expansion, leaving limited space for the proposed antenna tower and accessory building. The proposed storage building lies in the narrowest point of the site and therefore cannot meet all setback requirements. These unique circumstances were not created by the applicant, and therefore staff is recommending approval of both variances. • The issuance of building permits will be pending confirmation of approval by the Metropolitan Airports Commission and Federal Aviation Administration, as well as proof that the applicant has recorded the CUP with Hennepin County. C. CRITICAL TIMING ISSUES . 60-DAY RULE: The 60-day clock `started' when this application was deemed complete on April 3, 2014. A decision is required by June 2, 2014 OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision. D. FINANCIAL . The required processing fee has been paid. . The applicant is in the process of negotiating a lease with the City's Finance Department for the use of the property. E. LEGAL • A public hearing was held before the Planning Commission on April 28, 2014. . Notice of the public hearing was published in the Sun Current Newspaper and mailed to properties within 350 feet. . The Planning Commission voted 5-0 to recommend approval. . In addition to the public hearing held on April 28th, variance requests applied for in conjunction with another land use request require a public hearing before the Council. Tonight's public hearing was published in the Sun Current Newspaper and notice mailed to properties within 350 feet. F. ENVIRONMENTAL CONSIDERATIONS . N/A IV. ALTERNATIVE RECOMMENDATION(S� . Approve the attached Resolution with additional and/or amended stipulations. • Deny the request with a finding that the proposed use would have an adverse impact on surrounding properties or the City as a whole. V. ATTACHMENTS 'I . Resolution , • Requirements documentation . Proposed plans ', . Zoning & Planning maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING . Rob Viera, Buell Consulting RESOLUTION NO. RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIANCES TO ALLOW CONSTRUCTION OF A 75-FOOT TELECOMM AT 1901�6TH STR ET EAST ESSORY STRUCTURE WHEREAS, an application has been filed with the City of Richfield which requests a conditional use permit and variances to allow the construction of a �5-foot telecommunication tower at property commonly known as 1901 66t Street East (Richfield Public Works Maintenance Facility, herein The Property ), property legally described as: Lot 1, Block 1, Richfield Maintenance Facility, Hennepin County, Minnesota WHEREAS, the Planning Commission of the City of Richfield recom�nended approval of this requested conditional use permit and variances at 1901 66 Street East at its April 28, 2014 meeting; and WHEREAS, this requested conditional use permit at 1901 66t" Street East meets the requirements necessa for issuing a conditional use permit as specified in Richfield's Zoning Code, Section 547�9; and WHEREAS, this requested conditional use permit at 1901 66th Street East meets the requirements necessary for issuing a conditional use permit for a telecommunication tower and related features as specified in Richfield's Zoning Code, Section 544.25; and WHEREAS, the Zoning Code allows no more than one accessory building on properties in the General Commercial (C-2) district. Further, Code requires that accessory buildings are located a minimum of 25 feet from street side lot lines; and WHEREAS, Minnesota Statutes Section 462.357, Subdivision 6, provides for the granting of variances to the literal provisions of the zoning regulations in instances where their enforcement would cause "practical difficulty" to the owners of the property under consideration; and WHEREAS, based on the findin�s below, the Richfield City Council approves the requested variances from Richfield Zoning Code Subsections 534.05, Subd. 4; 534.11; and WHEREAS, the City has fully considered the request for approval of the conditional use permit; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The City Council makes the following general findings: a. The Property is zoned General Commercial (G2). b. The Zoning Code states that no more than one accessory building shall be located on a property in the C-2 district. The proposed accessory building would be in addition to an existing accessory building on the Property used by Richfield Public Works. A variance from Subsection 534.05 is required. c. Code states that minimum street side setbacks shall be no less than 25 feet. The proposed building is set back 11 feet 10 inches. A variance from Subsection 534.11 is required. 2. With respect to the application for variances from the above-listed requirements, the City Council makes the following findings: a. Strict enforcement of Richfield Zoning Code Subsections 534.05, Subd. 4; and 534.11 would cause a practical difficulty. The proposed antenna tower meets all requirements, but cannot be constructed without an enclosed storage building to house telecommunications equipment. Constructing an antenna tower and equipment building on this site is a reasonable use of The Property. b. Unique circumstances affect the Property that were not created by the applicant. The City's Public Works Maintenance Facility p,roperty,is platted as an atypical teardrop shape. The proposed storage building lies in the narrowest point of the Property and therefore cannot meet all setback requirements. c. Granting the req uested variances will not alter the character of the neighborhood. The proposed use is separated from any residential property by Minnesota State Highway 77 and is adjacent only to the Public Works Maintenance Facility and the airport. . d. The variances requested are the minimum necessary to alleviate the practical difficulty. The proposed variances will allow the construction of an antenna tower and equipment building on the Property. 3. Based on the above findings, a variance is hereby approved to permit a second accessory building on the Property. 4. Based on the above findings, a variance is hereby approved to reduce the minimum street side setback to 11 feet 10 inches. 5. A conditional use permit is issued to allow a 75-foot telecommunication tower, as described in City Council Letter No. , on the Subject Property legally described above. 6. This conditional use permit is subject to the followin� conditions in addition to those specified in Section 547.09 of the City's Zoning Ordinance: • The applicant shall be responsible for maintenance of the landscaping and proposed "Driveable Grass" system. Any trees that die shall be replaced. The applicant shall be responsible for snow removal to access the site; and • That the recipient apply for building permits as required prior to any work beginning; and • Issuance of building permits will be conditioned on approval from the Federal Aviation Administration and Metropolitan Airports Commission; and • That the recipient of this conditional use permit record this Resolution with the County, pursuant to Minnesota Statutes Section 462.36, Subd. 1 and the City's Zoning Ordinance Section 547.09, Subd. 8. 7. This conditional use permit.shall expire one year after it has been issued unless 1) the use for which the permit was granted has commenced; or 2) Building permits have been issued and substantial work performed; or 3) Upon written request of the applicant, the Council extends the expiration date for an additional period not to exceed one year: Expiration is governed by the City Zoning Ordinance, Section 547.09, Subdivision 9. 8. This conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire.if normal operation of the use has been discontinued for 12 or more months, as required by the City's Zoning Ordinance, Section 547.09, Subd. 10. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of May 2014. e ie oette , ayor ATTEST: ancy i s, i y er Code Requirements / Required Findings Part 1: The findings necessary to issue a Conditional Use Permit (CUP) are as follows (Subd. 547.09, Subd. 6): a) The proposed use is consistent with the goa/s, po/icies and objectives of the I City's Comprehensive Plan. This requirement is met. This property is designated as "Public" in the Comprehensive Plan. The Comprehensive Plan states that telecommunications utilities provide essential services and the provision of public and private utilities is essential to a healthy community. b) The proposed use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. This requirement is met. Telecommunications towers are allowed as a conditional use in the General Commercial (C-2) district, subject to conformance with the applicable provisions of Subsection 544.25. The proposed tower meets the co-location, monopole structure-type, lighting, advertising and screening requirements. The proposed use requires two variances: to the side setback for accessory buildings, and to allow a second accessory building on the site. Public Works already has one accessory building on the site. c) The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. N/A d) The proposed use is or will be in compliance with the performance standards specified in Section 544 of this Code. This requirement is met. The applicant proposes to relocate several trees and add ten (10) new pine trees to screen the proposed tower and equipment building. The proposed equipment building will match the existing Public Works storage building in materials and color. The applicant has proposed a "Driveable Grass" system in place of a paved access driveway, in order to minimize the expansion of impervious surface on the site. e) The proposed use will not have undue adverse impacts on government facilities, utilities, services or existing or proposed improvements. This requirement is met. The submitted plans have been reviewed by the Public Works Department and no undue adverse impacts are anticipated. fl The use will not have undue adverse impacts on the public health, safety or welfare. The applicant must comply with all requirements of the Administrative Review Committee Report dated March 20, 2014. g) There is a public need for such use at the proposed location. This requirement is met. h) The proposed use meets or will meet all the specific conditions set by this Code for the granting of such conditional use permit. This requirement is met. Part 2: The findings necessary to approve a variance are as follows (Subd. 547.11): 1. There are "practical difficulties"that prevent the applicant from using the property in a reasonable manner. 2. There are usual or unique circumstances that apply to the property which were not created by the applicant and do not apply generally to other properties in the same zone or vicinity. 3. The variance would not alter the character of the neighborhood or the locality. 4. The variance is the minimum necessary to alleviate the practical difficulty. 5. The variance is in harmony with the general purpose and intent of the ordinance and consistent with the Comprehensive Plan. The applicant has requested variances from the following requirements: - No more than one accessory building shall be located on properties in the C-2 zoning district (Subsection 534.05, Subd. 4) - The minimum street side setback shall be no less than 25 feet (Subsection 534.11) The applicant is proposing to use the property in a reasonable manner. The Strict enforcement of Richfield Zoning Code Subsections 534.05, Subd. 4; and 514.11 would cause a practical difficulty. The proposed antenna tower meets all requirements and cannot be constructed as planned without an enclosed storage building to house telecommunications equipment. Constructing an antenna tower and equipment building on this site is a reasonable use. Unique circumstances affect the Property that were not created by the applicant. The City's Public Works Maintenance Facility property is platted as an atypical "teardrop" shape. Public Works has requested to reserve space adjacent to their existing storage bins for future expansion, leaving limited space for the proposed antenna tower and accessory building. The proposed storage building lies in the narrowest point of the Property and therefore cannot meet all setback requirements. Granting the requested variances will not alter the character of the neighborhood. The proposed use is separated from any residential property by Minnesota State Highway 77 and is adjacent only to the Public Works Maintenance Facility and the airport. The variances requested are the minimum necessary to alleviate the practical difficulty. The proposed variances will allow the construction of an antenna tower ', and equipment building on the Property. � The variance is in harmony with the general purpose and intent of the ordinance 'I and consistent with the Comprehensive Plan. � i - ,`--r -+ } � � / NOTE: CONTRACTOR TO COORDINATE . � ,' i ' � L � _� �- � , � PUBLIC AND PRIVATE UTILITY LOCATES i j � � j �/ j ' + ' � 1-i-_ ' ' � � PRIOR TO CONSTRUCTION START. NOTIfY FUTURE STORAGE BIN�—� / --a- ==I� � ~± ' j ''- { � ADDITION BY CIIY � � �' % � �� T � _ THE ARCHITECT AND THE VZW ' \ �---=-------------------------- � � � �- �y t f ' CONSTRUCTION ENGINEER IMMEDIATELY �, � _ � � � t ' � Y ��Y�r � I I � JV� - �� _� ------�------ j_; -' � �!_ i � � � � -� , r �� i V � � OF ANY UTILITY LINE ISSUES. ` ` � - � ___--- _-- � � ' ~ , ' , , _ , r � �� --J ♦ � � i � f ;�--L � EXISTWG NOTE: PROPOSED TRESS NOT SHOWN � � ' -��-�—-�� /� f � � I 1-� r ' _� � '_� �, PROPERiY LIN�� : � � � � � ; i FOR CLARITY. SEE LANDSCAPE PLAN FOR - --� ,� � � � r f � � �'�- � t I % _,_� , -- { PROPOSED TREES. �� J`_ '--� � �3'��er� �•i--�� _� � � F _i;-`� --i--,-rt t�,��_� ' , � � ;-t r ` , �_ � ��r � j :i/ �/ \� �JV� I � � , � � - -'- �� 1 / �� -� � �-rt � � rt t , , � '-�- 1 , , � � , % I j -0 —I _ �1710i 1 �! � -i_ �-i a �� ! �,� i- �- � � ; ,_� �r i-� / / J / X � - I �_ �_ k- I-i i 1 I � �' "� � -i i � ' � ,-r --�--+ ' � 1 0 �- �� -t-a ��.__t � ' -11� I 1 V'( r�` � ( r -I �-- � � , i_�� F, / i� - _ i 1 - t i � '`_ � _t i-� � � � � I i I �-t -'- � _+ �- � fi � ��1/ / V �EXISTING I I � � � -{--�1 �-- � 2,8+-� � -,� � i i i!� ��GR11�S �� _�-� � +--� _` � / ✓7 / UNDERGROUND � '-, � 7-� -t > �_ 0'" _ --L� �/ �R�PO�� - i- - , � � � � EXISTING TREE�"T E F, � ELECTRICAL LINE X I 1, �,��f�.a�'r �� j',�I -�-��j -i-- � ---i � /tr � � �_E EE A�5� I f -�--i�--�C i ' _J_-I-_ � �RELOCATEO (Sf A-2.1) �� - NOT FOR � � , J '_I �-�,L�'-;,1��'/ „ ,._� _ �` � �-��E'to��ro-��HI�N-lIN�C -+ I ' ' '�� i �' � � �- � �1 l L� �. �� ,� CONSTRUCTION ,� � _ � � i� i_ �1/ ,�_� i v. 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V • --I- E�-i-='__'-�T- _ �� J(��v _ . f �� T � /� � _� ' -t--i--...i---�i_ . _I � . � x � L / /` �'-o` 4,�0� --------�------ - � � I �;G'� J� '` PROJECT / I 16'-t0'1 2` 'j�-�� Q+ � % 20130875572 t ' ("� i'-0" �TE PREFABRICATED EQUIP €N)'SHELTER '�� 12'-0' / ` Q� / � f (SEE A-4)� �� EXISTWG TREES �. �, �/2, ` O �� J��` O t� �� \ M(N C I I TO REMAW �fYP.) j' \ / ` ' ^ '�` FLIGHT PATH �/� �� " � � V �� ` �v�' / /' � � / � � EXISTING TREES � � � � � ��j� �� I � ! TO REMAIN (lYP.) �� `� �Q �, V`� \J C%, � / I I 0 � � � � �}, �ro��o �J � � � 6700 LONGFELLOW AVE S X i/ � � O � � 'OPp,o O � � RICHFIELD,MN 55423 I � � �/ o�G'1'F �/ � // � � / � / I � �,,V,,� �`� , / �o X I / /� ; � � �� I ,, `' SHEET CONTENTS: I I ! 1' � � \� ENLARGED SITE PLAN 1 / � � - -- — l � _-- � —- � �.._ , --__— —' � X - -- � �, = ---- --— -- , � � �( ; - __----,-- ` f v J / � / / % i EXISTING PROPERIY / 1 � i � ;�� LINE (lYP.) i ! � DRAWN BY: A.STANLEY � � � / i x DATE: 7-31-13 � CHECKED BY: TABICDB I,`' `\,� �� REV.A 10-25-13 � ��'.// j J � REV.B 12-17-13 X � O /� � t� � I �� NORTH Rev.o oa-os-�a � % 1 '� / '� �u � % f � �" J� / � REV.E 04-25-14 " � �` � 1� � % LARGED SITE PLAN �� Ir� % J�� ;� � � SCALE:1/_"=1'-�" ° '� A � � - / / / ' ' X � , f � � V J �'-� \�—�/ � \ �/ � J-I- �, �DSCAPE KEY x � � � n � �� —� � �� f� i J �� } �; � SYMBOL Q1Y. COMMON NAME BOTANICAL NAME MATURE SIZE �/ � \ 1 / � ♦ �-�L i � ' � ��i �i EASTERN WHITE H: 50'-80' '� � � l I / rt-��--r-f-F-- '�1�\ 10 PINUS STROBUS f I � \ �--- _ / � i -�-1�-� -i--� -�-- 1__, PINE W: 20'-40,> I --- /--- ' / ' - � I T-! -,- v / -------------- _ / I /� 7 i-� . i'-�- l� � � � ` � � � � --__ - -_-__- I / -r , �� -I �� j t / � � X � � .� -� / � �-i-- -� i- � i i � T -f-I-1-� -1 � �� T J , � � , � --- _� � , �- ' � ; �� r�-� � � , �,-E-�� % -�-�-_ - � i ' � i � ��-; -' , � / � / - : ` / '_t -�-t a , � , ) ; � �--r- ?�� I I � ; � i--�--�-� �-� �- ;� A �v�' �� x I � // � ��y �I i ��- � � I�L-I- � 7--�-; `_ �-- ��-��-i- F�_I � I � � i-J��-T� , / -1 1 � � � I i � I *- I /� �1 � � t 1�� r-I�(// \ / I i � � � � � � / [��'�t f �--j � 1 r-�-j� 1�( � � ;— � � ,'—j -, -�---� ��h �`� ` ' I +—' � �� f �� i� , � \ �v� , � / I , / �-I �-t-?-+ -�i � , r �-- � r -� �- � � � �r � � �- --, T � X � � ��r}-�-I-r--}-�I_1 r�`_t � +-+-,�-7-ii,i_ � ��i -y,_�- y�{--EXI$1 T�EE� � � -� � I �I-;-I--�--1 �♦ '� � / -F--1-i-- � �� 7-1--i-;--+ '--� -�-�_� � ,�-�-+-�2�RE�,ca�rEq , ; ' � , -f-;�-�`'� ti�i v�/ NOT FOR I l -L- � ' j--r--;-E_' � �` -I-±-�-; -� i-!� i �� i t-� � I i �-j � i-� -�-+__)_ ! �` I--�-i -�---� -�--+ / 7 �/ J , , -r-.- -- �_ a � � I I , t- r � I�"- --� � �T } / CONSTRUCTION X �' !� �� -�; �-}- � �--�--1 i��-I � i--F- i � .i_�i � � 1'� r i� � i-i ir j �__� ' i'-+-� � � ' r � JVF. � I �± �� i-! � i-- G � � I � f i t -�- T__ �- E-� � �__! � t- � �� , PROPOSED I -r-a-� ' 1 �� .�.. � i 7 �-I r-�--� � ' � _ L . � � � � i +-- � 1 RELOCAiED POSTION -F �r rq��-�,_�_t- � � i-T-�� -I i rt i f � ��, I I t f � -�!��-�_L«�-�_i� i n �`�� -;-�_ � � �i+�; ;-� �� i- (-i-�- / J � X � _ -.�. �� -F-1--�- � ,�- ' i -*-;�� i � � � I� �r-� •_.,/._.:r/ -L1 I �_ i ; j � f-��_�_� i ' I�� ;' � � / • . . . � � � / ��, � ��'-i "�-r-� -I-i 1 L_ � I� ' ��, � �� ,; .� / ' ' � • � • .�. �. 1��_��1-�`-; --� L� ;� � ' / . ' �` ' �� ' ' � ' � DESIGN x 1 � ��• . ' ' '� . . j !-r -� ~�1 �! ' -;-,, ��i �I '�/ � � ! I' ' � � • . .--- - � � � • . . ' t;_ T ,1_� i I--��- �- R-� ' j v`" ' � � � �--; �-' I . --. , r �'_ ' j� r UI/ I o / I � f 7- �-'�� --I �� ;_Ir� / Q /� � ,� ROBERT J DAVIS,AIA x � / �1 ,� � . . o� . . I � � � �-�__ � �- � �1 I / � �I` �i ARCHITECT % � • • I I i � i �� T I - / S i. 9973 VAILEY VIEW RD. I � / � ' • . . . . , !!�i--EX�f�TRE��, I } �-� i l /'1 I �iv��BE-fR€L{3 A�CD== �._.j__ �_� y / / � /i�� EDEN PRAIRIE,MN 55344 . ' _ , ' • - y (952)903-9299 /tc.�� I ' ' / �--�-�-/��i -�._�. ��_ � �� y� ��/(� � � / `P�' X I J � • . . . ' . , i --�= / � �� . -`��_-I�-� +_LL ��1 � PROPOSED� �� s.r � � �, . . . � � a �-RELOCATED POSTION / x �-y �� y � ' � \ r / l ' I• -j-L_ � '� j � ( L� / J� I�� 1 � I �- '� � J` EXISTWG TREES � JVU I . 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AGENDA 1TEM # g REPORT# 93 STAFF REPORT A� � ' f' CITY COUNCIL MEETING MAy 13, 2014 �� REPORT PREPARED BY: ��N BARTON, COMMUNITY DEVELOPMENT ASSISTANT DIRECTOR NA,ttE,TzTLE DEPARTMENT DIRECTOR REVIEW: � SIGNATURE OTHER DEPARTMENT REVIEW: I J / �' j SIGN RE REVIEWED BY CITY MANAGER: i � , ITEM FOR COUNCIL CONSIDERATION: Consideration of approval to begin construction of grant-related improvements at Lyndale Gardens. I. RECOMMENDED ACTION: By Motion: Approve construction of Metropolitan Council Livable Communities Transit-Oriented Development grant-related improvements at Lyndale Gardens. II. EXECUTIVE SUMMARY On April 25, 2012 the City of Richfield was awarded $1,500,000 through the Metropolitan Council Livable Communities Act (LCA) Transit-Oriented Development (TOD) grant program for the Lyndale Gardens project. These funds are for the creation of place-making eJements and park connections, including bicycle and pedestrian connections on the project site. The Lyndale Gardens redevelopment project is located at 6401 Lyndale Avenue. The project includes Lakewinds Natural Foods grocery store, and is proposed to include approximately 151 units of multi-family rental housing, 10,000 square feet of restaurant/retail, and a number of quasi-public amenities. 05132014 Lyndale Gardens Grant Improvementsxxx Lakewinds grocery is currently under construction, with a completion date of June of this year. The apartments and restaurant/retail are anticipated to begin construction later this year and next year. The Cornerstone Group, project developer, and the Lakewinds grocery are eager to begin the quasi-public improvements to allow for public use of the site this year. Additionally, the grant is set to expire on April 30, 2015. The grant funding is predicated on the completion of the entire project (grocery, housing, and retail). Therefore, if the developer does not construct the housing and retail in association with the grant, the City could potentially be liable to repay the grant. However, the Met Council has stated that they have never required the repayment of a grant, even when a project failed to be completed. As such, the Cornerstone Group is seeking approval from the City to begin construction of the place-making elements and park connections prior to construction of the housing and retail components. III. BASIS OF RECOMMENDATION A. BACKGROUND • The Metropolitan Council LCA TOD grant was awarded to the City on April 25, 2014. • The grant provides funding of$1,500,000 for site acquisition, holding costs, trail connections {including a bridge connecting to the Richfield Lake Trail), amphitheater with plaza seating, fountain and interactive water feature, and an outdoor pizza oven/gas fireplace feature and plaza. B. PoLICY • It is policy to utilize grant funding as appropriate and applicable to advance the city's goals. C. CRITICAL TIMING ISSUES • The grant expiration date is April 30, 2015. Grant-related construction must be completed by that date or risk forfeiture. • Due to the lead-time required to order the bridge and construct other infrastructure, the developer needs timely approval to begin construction in order to complete the project this summer. D. FINANCIAL • The Met Council awarded the City $1,500,000 in LCA grant funds for the Lyndale Gardens Project. • Approximately $495,000 of the grant funds has been expended on site acquisition and holding costs, to date. • Approximately $1,000,000 in grant funds remains for the construction of the place-making elements and trail connections. • If the developer does not construct the housing and retail in association with the grant, the City could potentially be liable to repay the grant. However, the Met Council has stated that they have never required the repayment of a grant, even when a project failed to be completed, and do not foresee a reason that this grant would require repayment. E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • Environmental considerations will be made throughout the project. IV. ALTERNATIVE RECOMMENDATION(S� • Do not approve construction of grant-related improvements at this time. V. ATTACHMENTS • Rendering of place-making elements and trail connections location on the ' Lyndale Gardens site. • Lyndale Gardens site plan rendering. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Beth Reetz, Met Council Director, Housing and Livable Communities • Representatives from The Cornerstone Group } � � +°` �-��a£ ' :� �, `� �_# ��: _� � -' ;+,j *�e:.. � i '�. `4 M�1 � � � `r" . � ,� �! l a �1 f � � ?�� r `� -, �t{ � �'' � _ � ' 'ic.��i` 4i � ,,' � . � � �.e-�e1�6��4 � ' ` . " _� � g �}��'�`' 1 .. d�� . ,.i • y •� �� '�. . 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