060915CompleteAgenda / ' � �
r
REGULAR CITY COUNCIL MEETING
RICHFtELD MUNICIPAL CENTER, COUNCIL CHAMBERS
JUNE 9,2015
7:00 PM
INTRODUCTORY PROCEEDINGS
Call to order
Open forum (15 minutes maximum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments
are to be an opportunity to address the Council on items not on the agenda.Individua/s who wish to address
the Council must have registered prior to fhe meeting.
Pledge of Allegiance
Approval of the minutes of the(1)Special Concurrent City Council and HRA Meeting of May 26,2015 and(2) Regular
City Council Meeting of May 26, 2015.
PRESENTATIONS
1. Presentation of the Gene&Mary Jacobsen Citizen of the Year for 2015 Award to Russ King. (Council Memo No.
45)
2. Annual meeting with the Human Rights Commission.
COUNCIL DISCUSSION
3. Hats Off to Hometown Hits
AGENDA APPROVAL
4. Approval of the agenda.
5. Consent Calendar contains several separate items,which are acted upon by the City Council in one
motion.Once the Consent Calendar has been approved,the individual items and recommended actions
have also been approved. No further Council action on these items is necessary. However,any Council
Member may request that an item be removed from the Consent Calendar and placed on the regular
agenda for Council discussion and action.All items listed on the Consent Calendar are recommended for
approval.
A. Consideration of the approval of a Cooperative Agreement with Hennepin County for the Portland Avenue
Reconstruction Project.
Staff Report No. 84
B. Consideration of the approval of a resolution authorizing an interim use permit to allow construction of a
temporary 75-foot telecommunication tower at the Penn Avenue Water Tower/Richfield Fire Station#2.
Staff Report No. 85
C. Consideration of the approval of a resolution authorizing an accounting change from an Enterprise
(Proprietary) Fund to a Capital Project Fund for the Recreation Enterprise Fund.
Staff Report No. 86
D. Consideration of the approval of the purchase of Self-Contained-Breathing-Apparatus(SCBA)for the Fire
Department from Emergency Response Solutions in the amount of$229,297.85.
Staff Report No. 87
6. Consideration of items, if any, removed from Consent Calendar
PUBLIC HEARINGS
7. Public hearing regarding a resolution giving host approval for the City of Columbus to issue conduit bonds for the
benefit of Richfield Senior Living, Inc. in order to refinance its independent living and assisted living facility located
at 7601 Lyndale Avenue South.
Staff Report No. 88
RESOLUTIONS
8. Consideration of a resolution regarding a request to demolish the building at 7528 Lyndale Avenue and construct
a two-story addition to 7524 Lyndale Avenue in its place.
Staff Report No. 89
OTHER BUSINESS
9, Consideration of:
1. Award of contract for the Portland Avenue Reconstruction Project (67th Street to 77th Street).
2. Authorization for the City Manager to approve changes in the construction contract up
to $100,000.
3. Proposal for Kimley Horn &Associates to provide construction engineering services.
Staff Report No. 90
CITY MANAGER'S REPORT
10. City Manager's Report
CLAIMS AND PAYROLLS
11. Claims and payrolls
Open forum (15 minutes maximum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments
are to be an opportunity to address the Council on items not on the agenda.Individuals who wish to address
the Council must have registered prior to the meeting.
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 COUNCIL MINUTES
Richfield, Minnesota
� � i
� Special Concurrent City Council
and
Housing and Redevelopment Authority
Meeting
May 26, 2015
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 6:00 p.m. in the Bartholomew Room.
Council Members Debbie Goettel, Mayor; Pat Elliott; Michael Howard; Edwina Garcia; and Tom
Present: Fitzhenry.
HRA Members Mary Supple, HRA Chair, Pat Elliott; Debbie Goettel; Doris Rubenstein;
Present: and David Gepner.
Staff Present: Steven L. Devich, City ManageNHRA Executive Director; John Stark,
Community Development Director; Karen Barton, Assistant Community
Development Director; and Cheryl Krumholz, Executive Coordinator.
Item #1 CONSIDERATION OF THE RANKING OF DEVELOPMENT PROPOSALS FOR THE
CEDAR POINT HOUSING REDEVELOPMENT AREA(COUNCIL S.R. NO. 77/HRA
S.R. NO. 20
City Manager/HRA Executive Director Devich presented Council Staff Report No. 77/HRA
Staff Report No. 20. City Council Members and HRA Commissioners will be asked to individually
rank their development proposal preferences tonight. Staff will subsequently compile the rankings
and provide the City Council and HRA with a follow-up memo detailing the results.
Community Development Director Stark discussed the Cedar Point housing area process for
soliciting feedback from the public, including a virtual open house through Richfield Connect and the
City's website.
Mr. Stark provided an update on the Cedar Corridor Tax Increment Financing Extension
legislation. The Legislature failed to pass a tax bill this season so the extension was not approved.
He explained the impact this could have on the proposals for the Cedar Point Housing
Redevelopment area.
The City Council and HRA discussed the feedback received from the public regarding the
proposals, including a park-like setting, walk-ability, parking lot location, traffic, driveway access,
construction timeline, ages and dynamics of people, use of amenities, attracting young professionals,
and support for a combination of rental and ownership.
Community Development Director Stark stated that the City Council and HRA will formalize
the ranking at separate meetings.
Mr. Stark acknowledged there is a conflict regarding traffic on 16th Avenue due to Three
Rivers Park District desire to limit driveway access on Richfield Parkway because of the trail.
Special Meeting Minutes -2- May 26, 2015
Assistant Community Development Director Barton distributed the ranking form to each City
Council Member and HRA Commissioner. She collected the form upon its. The meeting was then
adjourned.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:30 p.m.
Date Approved: June 9, 2015.
Debbie Goettel
Mayor
Cheryl Krumholz Steven L. Devich
Executive Coordinator City Manager
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota -
� ' J �
� Regular Meeting
May 26, 2015
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 p.m. in the Council Chambers.
Council Members Debbie Goettel, Mayor; Michael Howard; Pat Elliott; Edwina Garcia; and
Present: Tom Fitzhenry.
Staff Present: Steven L. Devich, City Manager; Jay Henthorne, Public Safety
Director/Police Chief; Karen Barton, Assistant Community Development
Director; Chris Regis, Finance Manager; Pam Dmytrenko, Assistant City
Manager/HR Manager; Mary Tietjen, City Attorney; and Cheryl Krumholz,
Executive Coordinator.
OPEN FORUM
None.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Fitzhenry, S/Elliott to approve the minutes of the (1) Special Citv Council Worksession of
Ma 12 2015� 2 S ecial Concurrent Cit Council & HRA Worksession of Ma 12 2015� and 3
Reqular Citv Council Meetinq of Mav 12, 2015.
Motion carried 5-0.
Item #1 CHOIR CONCERT PRESENTED BY THE COMBINED STEM/RDLS FIFTH
GRADERS
Item #2 PRESENTATION AND RECEIPT OF THE CITY OF RICHFIELD
COMPREHENSIVE ANNUAL FINANCIAL REPORT(CAFR) FOR THE FISCAL
YEAR ENDED DECEMBER 31, 2014 S.R. NO. 78
Council Meeting Minutes -2- May 26,2015
Matthew Mayer, representative of the City's audit firm KDV, reviewed the 2014 Audit and
2014 Comprehensive Annual Financial Report.
M/Goettel, S/Fitzhenry to approve receipt of the Citv of Richfield Comprehensive Annual
Financial Report for fiscal vear ended December 31, 2014.
Motion carried 5-0.
Item #3 ANNUAL MEETING WITH THE ADVISORY BOARD OF HEALTH
Erin Rykken, Advisory Board of Health Chair, provided the report.
Item #4 PRESENTATION OF THE 2014 FOOD SAFETY AWARDS (COUNCIL MEMO
NO. 36)
Erin Rykken, Advisory Board of Health Chair, presented the awards to:
Full Service Restaurant Cadao Express, 6637 Penn Avenue
Fast Food/Piva Carry Out/Cafeteria Taco Bell, 7740 2"d Avenue
Item #5 PRESENTATION OF THE RICHFIELD TOURISM PROMOTION BOARD, INC.
FINANCIAL REPORT FOR YEAR-END DECEMBER 31, 2014 AND 2013
Pat Brekken, Richfield Tourism Board Promotion Board, Inc., presented the report.
M/Goettel, S/Fitzhenry to accept the Richfield Tourism Promotion Board. Inc. financial
report for vear-end December 31, 2014 and 2013.
Motion carried 5-0.
Item #6 PRESENTATION OF THE ASSOCIATION OF PUBLIC MANAGEMENT
PROFESSIONALS ASSISTANT OF THE YEAR AWARD TO RICHFIELD
ASSISTANT CITY MANAGER/HR MANAGER PAM DMYTRENKO
Mayor Goettel acknowledged the presentation of the award.
Item #7 COUNCIL DISCUSSION
• Cancel Tuesday, August 25 Regular City Council Meeting
• Schedule Monday, August 24 Special City Council Meeting regarding 2015
Revised/2016 Proposed Budget
• Hats Off to Hometown Hits
Council Member Fitzhenry reported on a recent press release: FAA to Re-Evaluate Method
for Measuring Effects of Aircraft Noise.
The City Council consensus was to cancel the Tuesday, August 25 Regular City Council
Meeting and schedule the Monday, August 24 Special City Council Meeting.
Council Member Garcia acknowledged the recent death of Don Priebe, long-time Richfield
resident and former Richfield Mayor and Council Member.
Council Meeting Minutes -3- May 26,2015
Council Member Garcia made several announcements related to upcoming Richfield
events.
Council Member Fitzhenry acknowledged two police unions for funding the engraving of
Fred Babcock's name on the tablet at the Honoring All Veterans Memorial.
Item #8 COUNCIL APPROVAL OF AGENDA
M/Fitzhenry, S/Howard to approve the aaenda.
Motion carried 5-0.
Item #9 CONSENT CALENDAR
A. Consideration of the approval of a resolution authorizing the City to affirm the monetary
limits on statutory municipality tort liability S.R. No. 79
RESOLUTION NO. 11086
RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS
ESTABLISHED BY MINNESOTA STATUTES 466.04
This resolution appears as Resolution No. 11086.
B. Consideration of the approval of a public hearing to be held on June 23, 2015 for the
consideration of the issuance of new on-sale intoxicating liquor and Sunday licenses for GM
Richfield, LLC, d/b/a Four Points by Sheraton Minneapofis Airport focated at 7745 Lyndale
Avenue South S.R. No. 80
M/Fitzhenry, S/Howard to approve the Consent Calendar.
Motion carried 5-0.
Item #10 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #11 pUBLIC HEARING FOR THE CONSIDERATION OF THE ISSUANCE OF NEW
ON-SALE 1NTOXICATING AND SUNDAY LICENSES FOR THOMPSON'S
FIRESIDE PIZZA, INC. D/B/A FIRESIDE PIZZA LOCATED AT 6736 PENN
AVENUE SOUTH S.R. NO. 81
Council Member Elliott presented Staff Report No. 81.
M/Elliott, S/Goettel to close the public hearinq.
Motion carried 5-0.
Council Meeting Minutes -4- May 26,2015
M/Elliott, S/Fitzhenry to aqprove the issuance of new on-sale intoxicatinq and Sundav
licenses for Thompson's Fireside Piva, Inc. d/b/a Fireside Pizza located at 6736 Penn
Avenue South.
Motion carried 5-0.
Item #12 CONSIDERATION OF A RESOLUTION REGARDING A REQUEST FOR A SIX-
MONTH EXTENSION OF LAND USE APPROVALS FOR 6330, 6400 AND 6440
LYNDALE AVENUE (LYNDALE GARDENS) S.R. NO. 82
Council Member Garcia presented Staff Report No. 82.
Colleen Carey, The Cornerstone Group developer, explained there are no funding tools yet
available for financing affordable and market rate housing combined in a single development. She
requested the scope of the Lyndale Gardens project be changed to include only market rate
housing. She added that an investor is now available for market rate housing financing and
requested an extension of the land use approvals.
Ms. Carey continued that Cornerstone is also requesting the City Council to authorize staff
to request an amendment to the Metropolitan Council Livable Communities Transportation
Oriented Development Grant to no longer include affordable housing.
Gregg Handrich, Principal of FIDES Capital Partners, discussed their company's desire and
willingness to invest in this project if it is 100% market-rate.
Ms. Carey explained the construction timeline of separating the housing and retail and a
closing by November 2015. The retail would not move forward at this time since there is no tenant.
Assistant Community Development Director Barton stated that if the extension is approved,
as long as the project in its entirety has substantial completion by December 10, 2015, the retail
component would have no bearing independently. If the substantial completion requirement is
met, land use approvals would remain open as long as progress continued to be made toward
completion of the project.
Council Member Elliott stated that the previous extension was approved based upon
substantial completion and it did not happen so he said he would not vote for the extension.
Council Member Garcia expressed disappointment that there would no longer be affordable
housing included in the project because it is an important part of public policy. She said she would
approve the land use extension tonight but probably not again.
Council Member Howard stated affordable housing was a noble part of the project but the
project does merit value in the future so he would support moving forward.
Ms. Barton stated that if the extension is not approved tonight, the developer would need to
reapply for land-use approvals for the project.
Council Member Fitzhenry stated the City is seeking younger people with disposable
incomes so he was not unhappy with the loss of the affordable housing component. He added he
would support the extension but not again.
Mayor Goettel shared the perspective on the affordable housing component. She stated
this may be the last time for this project to come before the City Council requesting an extension.
Council Member Elliott questioned if the Metropolitan Council would require repayment of
the grant with the removal of affordable housing from the project.
Council Meeting Minutes -5- May 26,2015
Ms. Barton explained the Metropolitan Council would not commit until the grant amendment
was received from the City, but did not believe repayment would be required based on statements
made by Met Council representatives at a previous City Council meeting.
City Attorney Tietjen requested the City Council motion include a recommendation that
would be contingent upon staff's definition of substantial completion.
M/Garcia, S/Fitzhenry that the followina resolution be adopted and that it be made part of
these minutes and include that it is continaent upon staff's definition of substantial completion:
RESOLUTION NO. 11087
RESOLUTION GRANTING EXTENSION OF LAND USE APPROVALS
AT 6330, 6400 AND 6440 LYNDALE AVENUE
Motion carried 4-1. (Elliott oppose) This resolution appears as Resolution No. 11087.
Item #13 CONSIDERATION OF A METROPOLITAN COUNCIL LIVABLE COMMUNITIES
TRANSPORTATION ORIENTED DEVELOPMENT GRANT AMENDMENT
REQUEST RELATING TO THE LYNDALE GARDENS PROJECT S.R. NO. 83
Council Member Howard presented Staff Report No. 83.
M/Howard, S/Goettel to approve the Metropolitan Council Livable Communities
Transportation Oriented Development arant amendment reauest related to the Lvndale Gardens
Proiect.
Motion carried 4-1. (Elliott oppose)
Item #14 CITY MANAGER'S REPORT
None.
The Mayor requested a meeting be scheduled regarding a mid-year review of the City
Council goals.
Item #15 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Garcia that the followinq claims and pavrolls be approved:
U.S. Bank 05/26/15
A/P Checks: 240780-241148 $ 1,051,919.80
Payroll: 110248-110570 42432-42433 $ 601,660.00
TOTAL $ 1,653,579.80
Motion carried 5-0.
OPEN FORUM
None.
Council Meeting Minutes -6- May 26,2015
ADJOURNMENT
The City Council Meeting was adjourned by unanimous consent at 8:36 p.m.
Date Approved: June 9, 2015
Debbie Goettel
Mayor
Cheryl Krumholz Steven L. Devich
Executive Coordinator City Manager
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
June 4, 2015
Counci! Memorandum No. 45
The Honorable Mayor
and
Members of the City Council
Subject: Presenta#ion of Gene 8� Mary Jacobsen Citizen of the Year for 2015 Award
(Agenda Item No.i )
Council Members:
The Richfield Human Rights Commission has selected a Ci#izen of the Year award
recipient since 1971. The award is given to a family, group, organization, business or
individual who lives or works in Richfield and whose a�tions demonstrate an awareness
and commitment to the attitudes and practices that foster human understanding,
tolerance and�the spirit af human relations.
The Human Rights Commission has voted to present the 2015 Gene and Mary
Jacobsen Outstanding Citizen award to Russ Kmg. Russ is a 1980 graduate of Rich#ield �
High School. Since then he has been involved in entertainment and Social Justice and
is well known for his character, Miss Richfield 1981.
Russ makes people all over America laugh. In 1995, he created Miss Richfield 1981,
and has made thousands laugh while using his position to raise money for and to bring.
positive attention to various causes.
Russ was#he Communications Director with Minnesota Aids Project from 1993 ta 1998.
He is a member of and major fundraiser for the Twin Cities Gay Men's Chorus.
He supports and raises money for Park House, a treatment facility for folks afflicted with
Aids. Russ was also involved with MNUnited and OutFront MN in combating fihe
marriage amendment and passing the Freedom to Marry bill.
sp bmitted,
.�--
St . evi
ity M nager
SLD/TS:kaa
Email: Department Directors
Assistant City Manager
AGENDA SECTION: CONSENT CALENDAR
AGENDA ITEM# 5.A.
�� STAFF REPORT NO. 84
s , �. CITY COUNCIL MEETING
�
6/9/2015
��
REPORT PREPARED BY: Jeff Pearson,Transportation Engineer
DEPARTMENT DIRECTOR REVIEW: Kristin Asher,Acting Public Works Director
6/2/2015
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: Steven L. Devich
6/2/2015
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of a Cooperative Agreement with Hennepin County for the Portland
Avenue Reconstruction Project.
EXECUTIVE SUMMARY:
In advance of the upcoming reconstruction of Portland Avenue (County State Aid Highway 53) between 67th
Street and 77th Street, City and County staff have negotiated the attached Construction Cooperative
Agreement.
According to the proposed agreement, Hennepin County will reimburse the City a lump sum$550,000 as its
share of State Aid eligible construction items and right of way costs (easements) for the project.
Additionally, the County, through its Roadside Enhancement Partnership Program (REPP), will participate in
the costs to underground overhead power lines, as set forth in the County's Cost Participation Policy (Exhibit
A). The County shall reimburse the City for 50%of the costs to underground the overhead power lines up to a
maximum of$200,000.
RECOMMENDED ACTION:
By Motion: Approve Const�uction Cooperative Agreement No. PW-48-19-14 between the County of
Hennepin and the City of Richfield for the reconstruction of Portland Avenue between 67th Street and
77th Street.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
Project Layout
• The City Council approved the preliminary layout(Concept 2 alternative) at the April 22, 2014
meeting.
• The Concept 2 alternative includes the following design elements:
� A single 11-foot vehicle travel lane in each direction with a dual direction 11-foot center
left-turn lane.
� Two 6-foot on street bike lanes using the same concrete gutter pan design as 76th
Street.
� A 6-foot vegetated boulevard behind the curb on both sides of the street.
� A 6-foot concrete sidewalk on the west side of the street.
� An 8-foot bituminous multi-use trail on the east side of the street.
� Full access center median islands at the minor intersections, including 73rd Street.
• On March 24, 2015, City Council approved final plans and specifications for the Portland
Avenue Reconstruction Project(CP 41008) and authorized staff to advertise for bids.
• On May 7, 2015, the project was advertised for bid.
• Bids were opened on May 28, 2015 and are expected to be presented to the City Council on
June 9, 2015.
Property Impacts
• The selected design extends the edge of the sidewalk by approximately 5.5' due to the
inclusion of a green boulevard.
• In areas where the right-of-way is 33'from centerline, this will require a 4' permanent
easement.
• There were 83 properties that met this requirement and all the permanent easements have
been secured for this project.
B. POLICIES (resolutions, ordinances, reaulations,statutes,etcl:
• The Portland Avenue Reconstruction Project is included in the approved Five Year Street
Reconstruction Plan and the City's Capital Improvement Plan.
• The Portland Avenue Reconstruction Project has been identified as a priority in the City's
Comprehensive Plan.
• Hennepin County and MnDOT have approved the plans.
C. CRITICAL TIMING ISSUES:
• The Construction Cooperative Agreement needs to be approved before the approval of the
construction contractor selection, expected to take place June 9, 2015.
• The $3,750,000 in federal funding is tied to the City Council approval that requires a start of
construction in 2015.
D. FINANCIAL IMPACT:
• The total project is estimated to cost$9.6 million with the following contributions:
� $3,750,000 Federal
� $750,000 County
� $5,100,000 City (includes reconstruction of City utilities and undergrounding of overhead
utilities)
• The following sources are planned for the City contribution:
� Street Reconstruction Bonds ($3,400,000)
� Municipal State Aid (gas tax) or City Utility Funds ($1,500,000)
� Xcel Rate Payers Fee ($200,000)
• Approval of the Construction Cooperative Agreement will provide the City with the final remaining
funding needed to complete the reconstruction project.
E. LEGAL CONSIDERATION:
• The City Attorney has reviewed the agreement and will be available to answer questions.
ALTERNATIVE RECOMMENDATION(Sl:
• Council may choose to take no action at this time; however, it is recommended that the Construction
Cooperative Agreement be approved before the construction contract is awarded.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description Type
o Cooperative Agreement ContracUAgreement
❑ Exhibit A Contract/Agreement
o Approved Concept 2 Backup Material
Agreement No. PW 48-19-14
County Project No. 1006
County State Aid Highway No. 35
City of Richfield
County of Hennepin
CONSTRUCTION COOPERATIVE AGREEMENT
THIS AGREEMENT,made and entered into this day of
, 20 by and between the County of Hennepin, a body politic and
corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the
City of Rich�eld,municipal corporation under the laws of the State of Minnesota,hereinafter referred
to as the"City".
WITNESSETH:
WHEREAS,the County and the City have been negotiating to bring about the reconstruction of
County State Aid Highway No. (CSAH) 35 (Portland Avenue)between 67th Street East and 77th Street
East,which improvements contemplate and include grading, aggregate base,bituminous paving, storm
sewer, concrete curb and gutter, signing and striping,watermain, sanitary sewer, lighting, landscaping,
and traffic signals; and
WHEREAS,the abovementioned roadway improvements are to be accomplished under City
Project Number 41008 (County Project Number 1006; State Aid Project Numbers 027-635-031, 157-
020-026 and 157-113-007), and hereinafter referred to as the"Project"; and
WHEREAS,the City or its agents shall be responsible to develop the plans and specifications
for the Project; and
WHEREAS,the City has requested that the County approve the plans and specifications and the
County has indicated its willingness to approve said plans and specifications; and
WHEREAS,the City or its agents shall be responsible for administering construction of the
Project and has adequate personnel available to perform the construction staking,testing, inspection
and development of as-built plans required on the Project; and
WHEREAS,the County will participate in the Project costs as provided for herein; and
WHEREAS,to ensure compatibility with the County's existing network of traffic signal
systems the County will furnish the video detection equipment, controllers, control equipment and
control cabinets for the traffic control signal systems included in the Project; and
- 1 -
Agreement No. PW 48-19-14
CSAH 35; C.P. 1006
WHEREAS,the County has Roadside Enhancement Partnership Program(REPP) funds
available and will participate in the costs with REPP funds to underground overhead power lines and
construct street lighting; and
WHEREAS, it is contemplated that said work be carried out by the parties hereto under the
provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59.
NOW THEREFORE,IT IS HEREBY AGREED:
I
The City or its agents shall prepare the necessary plans, specifications, and proposal; obtain
approval of said plans and specifications from the County; advertise for bids for the work and
construction; receive and open bids pursuant to said advertisement; enter into a contract with the
successful bidder at the unit prices specified in the bid of such bidder; administer the contract; and,
perform the required engineering and inspection; all in accordance with said plans and specifications.
The contract shall include the plans and specifications prepared by the City or its agents and
approved by the County. Said plans and specifications shall conform to Minnesota Department of
Transportation (MnDOT)Design Standards applicable to County State Aid Highways, and shall be
approved by MnDOT Metro District State Aid.
II
Prior to beginning construction,the City shall furnish the County with two (2) complete sets of
County approved plans and specifications for said Project. Upon completion of the Project,the City or
its agents shall furnish the County with a complete set of as-built plans certified as to their accuracy by
the City's Project Engineer. Said as-designed plans, specifications and as-built plans for the Project
shall be furnished by the City at no cost to the County.
III
The City or its agents shall acquire all additional right of way,permits and/or easements required
for the construction of the Project.
The City or its agents shall administer the construction contract and perform all required
engineering, inspection and testing. All construction and materials sampling and testing for the Project
shall be accomplished in accordance with all applicable standards and requirements of the Minnesota
Department of Transportation's (MnDOT) State Aid for Local Transportation Division in effect at the
time of Contract award.
-2 -
Agreement No. PW 48-19-14
CSAH 35; C.P. 1006
The City shall also obtain, and comply with, any and all permits and approvals required from
other governmental or regulatory agencies to accomplish the Project. Said permits and approvals shall
be obtained prior to the start of any construction and made available to the County upon request. It is
understood that the City or its contractor will obtain a permit from the County for the performance of
the work on CSAH 35 as provided herein. Said permit will be granted at no cost to the City or its
contractor.
IV
The construction of this Project shall be under the supervision and direction of the City Engineer
or designated representative. All work for the Project shall be completed in compliance with the plans
and specifications. The County Engineer and representative staff shall have the right, as the work
progresses,to enter upon the premises to make any inspections deemed necessary and shall cooperate
with the City Engineer and staff at their request to the extent necessary.
The County agrees that the City may make changes in the above referenced approved plans or in
the character of said contract construction which are reasonably necessary to cause said construction to
be in all things performed and completed in a satisfactory manner. It is further agreed by the County
that the City may enter into any change orders or supplemental agreements with the City's contractor
for the performance of any additional construction or construction occasioned by any necessary,
advantageous or desirable changes in plans,within the original scope of the Project. The City shall
obtain the approval of the County Engineer or designated representative on change orders or
supplemental agreements involving work on CSAH 35. The County will respond to the City's request
for approvals within seven(7) calendar days.
V
The County shall reimburse the City the lump sum amount of Five Hundred Fifty Thousand
Dollars and No Cents($550,000.00)as its share of State Aid eligible construction items and right of
way costs for the Project. It is understood that the County will not participate in the costs for
consultants.
After an award by the City to the successful bidder for construction of the Project,the City shall
invoice the County for ninety five (95)percent of the County's participating share of the costs for the
Project($522,500.00). The remainder of the County's share of the Project costs ($27,500.00),will be
due the City upon the completion of the Project, and upon review and approval of the Project by the
County Engineer or designated representative. Upon approval of the completed Project by the County
Engineer or designated representative the City shall submit its final invoice to the County. The County
will within forty five (45) days of said invoices, deposit with the City funds totaling the amount of the
invoice.
It is understood by the City that the County intends to use County State Aid funds to reimburse
the City for the County's share of the Project's construction and right of way costs. Accordingly, it is
- 3 -
Agreement No. PW 48-19-14
CSAH 35; C.P. 1006
understood and agreed that the County reserves the right not to make payment to the City for its share
of the construction and right of way costs if any action or inaction of the City causes MnDOT's State
Aid Engineer to determine that the County's costs are not eligible for State Aid funding. It is further
understood and agreed that the City shall reimburse the County monies paid the City for the County's
share of the Project construction or right of way costs which MnDOT's State Aid Engineer determines
are not eligible for County State Aid reimbursement.
�
The County,through its Roadside Enhancement Partnership Program,will participate in the
costs to underground overhead power lines. As set forth in the County's Cost Participation Policy,the
County's proportionate share of utility burial costs eligible for this funding source is fifty(50)percent.
The County shall reimburse the City for fifty(50)percent of the costs to underground overhead power
lines up to a maximum of Two Hundred Thousand Dollars and No Cents ($200,000.00).
Upon completion of the work and acceptance of the work by the County Engineer or a
designated representative,the City will submit an itemized invoices to the County for one hundred
(100)percent of the County's share of the costs to underground overhead power lines. The County
agrees to remit payment to the City within forty five(45) days after receipt of the invoices.
VII
For informational purposes only, it is anticipated that the County's cost participation share for
the Project will $750,000.00 ($550,000- construction and right of way costs, $200,000—utility burial
costs).
VIII
The County will supply the traffic signal cabinet, controller and control equipment and video
detection equipment(County Supplied Equipment)for the traffic control signal systems installed at the
following intersections as a part of the Project:
• CSAH 35 and 70th Street East
• CSAH 35 and 76th Street East
• CSAH 35 and 77th Street East
It is understood by the parties that the emergency vehicle preemption(EVP)cards will not be
supplied by the County and will be included in the Project's construction contract.
The City shall reimburse the County for one hundred percent of the costs for the County
Supplied Equipment. The estimated cost to the City for said County Supplied Equipment is One
Hundred Thirty Five Thousand Dollars and No Cents ($135,000.00). It is further agreed that said
estimate of the costs of the County supplied equipment is an estimate and that the actual quantities of
-4 -
Agreement No. PW 48-19-14
CSAH 35; C.P. 1006
equipment, as determined by the County Engineer shall govern in computing the total final cost to the
City.
The City or its agents shall notify the County's Signal Shop Supervisor two (2)weeks in advance
of need of the County Supplied Equipment. The County shall notify the City when the County
Supplied Equipment is ready to be picked up for field installation. It shall be the responsibility of the
City or its agents to pick up the County Supplied Equipment at the Hennepin County Department of
Transportation,Public Works Facility in Medina,Minnesota and install said equipment on the Project.
Upon pickup of the County Supplied Equipment by the City or its agents,the County will
invoice the City for the County Supplied Equipment.
IX
All payments to the County must be postmarked by the date due or a late penalty of one(1)
percent per month, or fraction thereof, on the unpaid balance will be charged to the City. The City
shall pay the amount due as stated on the statement, notwithstanding any dispute of such amount.
Should a disputed amount be resolved in favor of the City,the County shall reimburse the disputed
amount plus daily interest thereon calculated from the date such disputed amount was received by the
County. Daily interest shall be at the rate of one(1%)percent per month on the disputed amount.
All payments to the City must be postmarked by the date due or a late penalty of one (1)percent
per month, or fraction thereof, on the unpaid balance will be charged to the County. The County shall
pay the amount due as stated on the statement, notwithstanding any dispute of such amount. Should a
disputed amount be resolved in favor of the County,the City shall reimburse the disputed amount plus
daily interest thereon calculated from the date such disputed amount was received by the City. Daily
interest shall be at the rate of one(1%)percent per month on the disputed amount.
X
The City shall install or cause the installation an adequate three wire, 120/240 volt, single phase,
alternating current electrical power connection to the permanent traffic control signals, flashers and
integral street lights included in the Project at no cost to the County. Further,the City shall provide the
electrical energy for the operation of the traffic control signal, flashers and integral streetlights included
in the Project at no expense to the County.
It is understood by the parties that the County or its agents will provide a traffic signal service
cabinet designed for battery backup in case of electrical power outages.
It is further understood and agreed that the City shall provide the electrical energy for the
operation of the street and pedestrian lighting included in the Project at no expense to the County.
- 5 -
Agreement No.PW 48-19-14
CSAH 35; C.P. 1006
XI
The City shall not revise by addition or deletion, nor alter or adjust any component,part,
sequence, or timing of the aforesaid traffic control signals,however, nothing herein shall prohibit
prompt,prudent action by properly constituted authorities in situations where a part of such traffic
control signals may be directly involved in an emergency.
XII
Upon completion of the Project the County shall thereafter maintain and repair the traffic control
signal systems installed as a part of the Project, all at the sole cost and expense of the County. Said
maintenance shall include all EVP components. The City, at its expense, agrees to maintain the fuse,
the luminary and the wire to the load side of the meter socket.
The EVP Systems provided for herein shall be installed, operated, maintained or removed in
accordance with the following conditions and requirements:
1. Emitter units may be installed and used only on vehicles responding to an emergency as defined
in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03. The City will provide the
County Engineer or his designated representative a list of all such vehicles with emitter units.
2. Malfunctions of EVP Systems shall be reported to the County immediately.
3. In the event said EVP Systems or components are, in the opinion of the County,being misused
or the conditions set forth herein are violated, and such misuse or violation continues after
receipt by the City of written notice thereof from the County,the County shall remove the EVP
Systems. Upon removal of the EVP Systems pursuant to this paragraph,the field wiring, cabinet
wiring, detector receivers, infrared detector heads, indicator lamps and all other components
shall become the property of the County.
4. All timing of said EVP Systems shall be determined by the County.
XIII
Upon completion of the Project, all water distribution system components, municipal sanitary
sewer systems, concrete sidewalk, fencing, street and pedestrian lighting, and all municipal street
construction included in the Project will become the property of the City, and the City will perform all
maintenance, restoration, repair,replacement or other work or services required thereafter at no
expense to the County.
Upon completion of the Project, all streetscape, landscaping and associated landscaping
- 6 -
Agreement No. PW 48-19-14
CSAH 35; C.P. 1006
structures shown in the plans for the Project, including but not limited to landscaping and streetscape
within the roadway medians,will become the responsibility of the City and the City will perform all
maintenance,restoration,repair,replacement or other work or services required thereafter at no
expense to the County. The City agrees to maintain the streetscape, landscaping and associated
landscaping structures in accordance with the attached "HENNEPIN COLTNTY DEPARTMENT OF
PUBLIC WORKS -TRANSPORTATION DNISION;RECOMMENDED URBAN
LANDSCAPE/STREETSCAPE GUIDELINES" (Exhibit "A").
Upon completion of the Project the County, at its own cost and expense,will retain ownership and
maintenance responsibilities for those portions of the roadway storm sewer drainage system functioning
as catch basins and associated lead pipes that are within or between the outermost curb lines of the
County roadways, as well as those within the radius return limits of intersecting municipal streets. All
other components of the roadway storm sewer drainage system, constructed as a part of this Project
including but not limited to all trunk lines, drainage structures, drainage culverts,ponds, and storm water
treatment structures will become the property of the City and must be maintained by the City. If, at any
time in the future,the storm water trunk lines constructed as a part of this Project are reconditioned
and/or replaced,the costs of reconditioning and/or replacement must be apportioned between the County
and City by contributing flow.
Upon completion of the Project,the City, at its sole cost and expense,will perform all routine
maintenance on the retaining walls and retaining wall fencing constructed as a part of the Project. If, at
any time in the future,the retaining walls and integral retaining wall fencing constructed as a part of the
Project for highway purposes are rehabilitated and/or replaced,the County agrees to participate in fifty
(50)percent of the costs of the rehabilitation and/or replacement.
All questions of maintenance responsibilities that may arise will be jointly resolved by the City's
Director of Public Works and the County's Assistant Department Director for Operations Engineer.
The parties understand that the County requires an operational clear zone behind the face of curb
for storage of snow removed from County roadways. The City, at its discretion,will remove snow that
may be placed on the sidewalks andior pedestrianlbicycle paths within the operational clear zone, as a
result of the County's snow removal operations on CSAH 35 within the limits of the Project. This
paragraph is not intended to confer a benefit upon any third party, and the City's decision regarding
snow removal is at the City's sole discretion pursuant to its policy on removal of snow and ice from its
sidewalks and/or pedestrian/bicycle paths and trails.
XIV
All records kept by the City and the County with respect to the Project shall be subject to
examination by the representatives of each party hereto.
-7 -
Agreement No. PW 48-19-14
CSAH 35; C.P. 1006
XV
Each party agrees that it will be responsible for its own acts and the results thereof,to the extent
authorized by the law, and shall not be responsible for the acts of the other party and the results thereof.
Nothing in this Agreement shall constitute a waiver of the statutory limits on liability set forth in
Minnesota Statutes Chapter 466, as a waiver of any immunities or defenses available to the City or the
County under law, or as the City or County accepting liability for the acts or omissions of the other
under Minnesota Statutes, section 471.59, subd. la. To the fullest extent permitted by law,this
Agreement and the activities carried out hereunder shall be construed as "cooperative activity"and it is
the intent of the City and County that they shall be deemed a"single governmental unit"for the
purposes of determining total liability as set forth in Minnesota Statutes, section 471.59, subd. la(b).
The County and the City each warrant that they are able to comply with the aforementioned
indemnity requirements through an insurance or self-insurance program.
XVI
The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents,
volunteers and employees, from any liabilities, claims, causes of action,judgments, damages, losses,
costs or expenses, including,reasonable attorneys' fees, resulting directly or indirectly from any act or
omission of the City, its contractors, anyone directly or indirectly employed by them, and/or anyone for
whose acts and/or omissions they may be liable for related to the ownership,maintenance, existence,
restoration, repair or replacement of the improvements constructed as part of the Project. The City's
liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable
law.
The County agrees to defend, indemnify, and hold harmless the City, its officials, officers,
agents, volunteers, and employees from any liability, claims, causes of action,judgments, damages,
losses, costs, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from any
act or omission of the County, its contractors, anyone directly or indirectly employed by them, and/or
anyone for whose acts and/or omissions they may be liable related to the ownership, maintenance,
existence, restoration, repair or replacement of the improvements constructed as part of the Project.
The County's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other
applicable law.
XVII
The City also agrees that any contract let by the City or its agents for the performance of the
work on County State Aid Highway No. 35 as provided herein shall include clauses that will: 1)
Require the Contractor to defend, indemnify, and hold the County, its officials, officers, agents and
employees harmless from any liability, causes of action,judgments, damages, losses, costs or expenses
including, without limitation, reasonable attorneys' fees, arising out of or by reason of the acts and/or
omissions of the said Contractor, its officers, employees, agents or subcontractors; 2)Require the
- 8 -
Agreement No. PW 48-19-14
CSAH 35; C.P. 1006
Contractor to be an independent contractor for the purposes of completing the work provided for in this
Agreement; and 3)Require the Contractor to provide and maintain insurance in accordance with the
following:
1. Commercial General Liability on an occurrence basis with
Contractual Liability and Explosion, Collapse and Underground
Property Damage(XCU)Liability coverages:
Limits
General Aggregate $2,000,000
Products--Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $1,500,000
Each Occurrence- Combined Bodily Injury and
Property Damage $1,500,000
Hennepin County shall be named as an additional insured for the Commercial General
Liability coverage with respect to operations covered under this Agreement.
2. Automobile Liability:
Combined Single limit each occurrence coverage or the
equivalent covering owned,non-owned, and hired
automobiles: $1,500,000
3. Workers'Compensation and Employer's Liability:
A. Workers' Compensation Statutory
If the Contractor is based outside the State of Minnesota,
coverages must apply to Minnesota laws.
B. Employer's Liability-Bodily injury by:
Accident-Each Accident $500,000
Disease-Policy Limit $500,000
Disease-Each Employee $500,000
4. Professional Liability—Per Claim $1,500,000
Aggregate $2,000,000
The professional liability insurance must be maintained continuously for a period of two years
after the expiration, cancellation or termination of this Agreement.
- 9 -
Agreement No. PW 48-19-14
CSAH 35; C.P. 1006
It understood and agreed by the parties hereto that the above listed Professional Liability
insurance will not be required in any construction contract let by the City if the City's Contractor is not
required to perform design engineering as part of said construction contract.
An umbrella or excess policy over primary liability coverages is an acceptable method to provide
the required insurance limits.
The above subparagraphs establish minimum insurance requirements. It is the sole responsibility
of the City's Contractor to determine the need for and to procure additional insurance which may be
needed in connection with said Project.
All insurance policies shall be open to inspection by the County and copies of policies shall be
submitted to the County upon written request.
XVIII
It is further agreed that any and all employees of the City and all other persons engaged by the
City in the performance of any work or services required or provided for herein to be performed by the
City shall not be considered employees of the County, and that any and all claims that may or might
arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of
Minnesota on behalf of said employees while so engaged and any and all claims made by any third
parties as a consequence of any act or omission on the part of said employees while so engaged on any
of the work or services provided to be rendered herein shall in no way be the obligation or
responsibility of the County.
Also, any and all employees of the County and all other persons engaged by the County in the
performance of any work or services required or provided for herein to be performed by the County
shall not be considered employees of the City, and that any and all claims that may or might arise under
the Minnesota Economic Security Law or the Workers'Compensation Act of the State of Minnesota on
behalf of said employees while so engaged and any and all claims made by any third parties as a
consequence of any act or omission on the part of said employees while so engaged on any of the work
or services provided to be rendered herein shall in no way be the obligation or responsibility of the
City.
XIX
In order to coordinate the services of the County with the activities of the City so as to
accomplish the purposes of this Agreement,the Hennepin County Engineer or designated
representative shall manage this Agreement on behalf of the County and serve as liaison between the
County and the City.
- 10 -
Agreement No. PW 48-19-14
CSAH 35; C.P. 1006
In order to coordinate the services of the City with the activities of the County so as to
accomplish the purposes of this Agreement,the City Engineer or designated representative shall
manage this Agreement on behalf of the City and serve as liaison between the City and the County.
XX
It is understood and agreed that the entire Agreement between the parties is contained herein and
that this Agreement supersedes all oral agreements and negotiations between the parties relating to the
subject matter hereof. All items referred to in this Agreement are incorporated or attached and are
deemed to be part of this Agreement.
Any alterations,variations, modifications, or waivers of provisions of this Agreement shall only
be valid when they have been reduced to writing as an amendment to this Agreement signed by the
parties hereto.
XXI
The whereas clauses are incorporated herein and are hereby made a part of this Agreement.
XXII
The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to
civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall
be considered a part of this Agreement as though fully set forth herein.
XXIII
All data collected, created,received, maintained, or disseminated, or used for any purposes in the
course of this Agreement is governed by the Minnesota Government Data Practices Act,Minnesota
Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to
implement the Act, as well as state statutes and federal regulations on data privacy.
(this space left intentionally blank)
- 11 -
Agreement No. PW 48-19-14
CSAH 35; C.P. 1006
IN TESTIMONY WHEREOF,the parties hereto have caused this Agreement to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY OF RICHFIELD
(Seal) By:
Mayor
Date:
And:
Manager
Date:
COUNTY OF HENNEPIN
ATTEST:
By: By:
Deputy/Clerk of the County Board Chair of its County Board
Date: Date:
APPROVED AS TO FORM: And:
County Administrator
By: Date:
Assistant County Attorney
And:
Date: Assistant County Administrator,Public Works
Date:
APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL
By: By:
Assistant CounTy Attorney Director, Transportation Department
and County Highway Engineer
Date: Date:
- 12 -
� HENNEPIN COUNTY
DEPARTMEI�T OF PUBLIC WORKS
TRANSPflRTAT1�N DIVISION
RECOMMENDED URBAN LANDSCAPE/
� STREETSCAPE GUIDELlNES
� � .
� ansportati n Oivision ng�neer
� Revision No. 0 Date 04/03/95 �
APRIL, 1995
Hennepin CountyAgreement PW 48-19-14
Exhibit"A";Sheet 1 of 8
Apri1 3, 1995 .
TABLE OF CONTENi'S
. P3e
INTROOUCTION . . . . . . . . . . . . . 1
. . . . . . . . . . . . . . . . .
RECOMMENDED GUIOELINE CRITERIA . � 1
, . . . . . . . . . . . . . . . . . . .
� Boul evard . . . . . . . . . . . . 1 .
. . . . . . . . . . . . . .. . .
• Crasswalks . . . . . �
. . . . . . . . . . . . . . . . . . . . . . . .
� • Curb . , . , , , ' �
. . . . . . . . . . . . . . . . . . . . . . . . . 2
� • Ir.rigation . . . . . . .� . . . . . . . . . . . . . . ' . . . . . . . . 2
� Landscaping/Streetscapi�g , , , , , , , , , , , , , , , , , . . . Z
. • Medi ans . . . . . . . . . . . . . 3
. . . , . . . . . . . . . . . .
. • Operational Clear Zane . . . . . . 3
. . . . . . . . . . . . . . . . .
• Right of Way . . . . .� . . . . . . . . . . . . . . . . . . . . . . . 3
� Sidewalks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
• Stgaals, Signing and Other Traffic Cantrol Devices . , .� . . . . . . 4
� Snow Storage . . . . . . . . . . . . . . . . . . . . . . . . . . 4 .
� Street Lighting . . . . . . . . . . . . . . . . . . . . . . . . . 4 .
. Trees . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . 5
• UtiTities . . . . . . . . . . . . . . . . . .' . . . . . . . . . . 5 �
� PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
FIGURE 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Hennepin CountyAgreement PW 48-19-14
Exhibit"A"; Sheet 2 of 8
Apri] 3, 1995
HENNEPIN C�UNTY
� DEPARTMENT OF PUBLIC WORKS -
TRANSPORTATION DIVISiON
� RECOMMENDED URBAN
� LANDSCAPEISTREETSCAPE GUIDELINES
APRI�, 1995
INTRODUCTION
Hennepin County Oepartment of Public Works' Transportation Division (Divisian)
has as a delegated function and responsibility tn maintain a system of
roadways that pravide transportatian for residents of the Caunty in a safe,
efficient manner. Year around safety requires adequate slght distances and a
minimum operational ciear zone that can also acconnnodate snow storage. The
Division has prepared this Reconanended Urban Landscape/Streets�ape Guidelines
(Guidelines) to more consistently and thorouqhly respond to questions about
urban landscape/streetscape design practices.
All landscape/streetscape plans must be prepared and signed in accordance with
the Soard af Architecture, Engineering, Land Surveying, Landscape Architecture
and Interior Oesiqn. The City Engineer shall also approve and sig� the title
or cover sheet for those landscape/streetscape plans. The City Engineer must
also evaluate sight distances alang the pro�ect and assure the D1vlsion,. in a
report, that sight dlstances are adequate.
The placement of ohstacles or fixed ob�ects, such as structtires, trees etc.,
within Hennepin County's right of way sha11 be cause far the Municipality to
assume legal liability and additional maintenance respoasibi�ity through a
Cooperative Agreement.
RECOMMENDED GUIDELINE CRITERIA
The following is an alphabetical listing of the Division's recommended
guideiines for landscape/streetscape design. The criteria listed is not all
inclusive or necessarily complete. Requests for more clarification should be
addressed to the Oivision Engineer or his/her designee. Figure 1 at the end
of this document contains a summarization af the recommended operational ciear
zone guidelines.
� Bou evard
The Oivision prefers a low maintenance boulevard. Snow and 1ce control
methods may prevent the survival af some desired vegetation. The
Municipality has the responsibility for mawing and the maintenance of
facilities behind the curb.
- 1 -
. Hennepin CountyAgreement PW 48-19-14
Exhibit"A"; Sheet 3 of 8
April 3, 1995
• ai c
Crosswalks shall conform to the Minnesota Manual on Uniform Traffic Control �
. Oevices (MMUTCD).
The County's standard crosswalk is a block type pattern, pai�ted white, on
top of bituminous or concrete pavement. Municipalities have the responsi-
, bllity to maintain pavement cresswalk markings. after the initial painting.
Non-standard crosswalk surfaces (such as decorative brick, colored
aggregate, etc.) shall require prior approval by the Division.
Municipalities shall have the responsibility to install and maintain any
� crosswalk surface, as well as the abutting material, if the crosswalk
surface is not consistent wi.th the road surface. The municipality shall
also indemnify the County for the use of a non-standard crosswaik surface.
• Curb
Curb design must conform to Hennepin County's Standard Oesign and the 5tate
� Aid manual . Curb and pedestrian rarops must comply with the Americans With
Dlsabilities Act (AOA).
� Irri___�_�aation � .
Water from irrlgation systems shall not flow or spray onto the traveTed '
roadway or onta any County owned structures such as traffic signal
components and s�ignage. Concrete gutters shall collect excess water from
irrigation systems and not allaw water to flow across raadways (gutter in).
Effects of subgrade saturation shall be addressed when irrigation systems
are proposed. Provisions, such as perforated p9pe, shall be included for
. the pickup and disposal of irrlgation water.
The Division will not allow an open cut for installation or maintenance of
irrigation piping witiiin three years of construction, sa consideration
shauid be given to insta111ng irrigation piping within a sleeve for 'roadway
crossings. Maintenance and r.epair of the irrigation system is the
responsibility of the owner.
.• Landscaoina/Streetscaoina �
Roadway geometrics and driver sight distances shail be considered when
installing landscape items. A report indicating adequate sight dist'ances
have been maintained is required for all access points along the pro�ect.
The report shouid consider al] elements obstructing a driver.'s vision such
as trees, shrubs, plantings/planters, structures, etc.
� Any loose landscaping material, such as bark, must have an adequate means
of containment that wiil prevent the material from spilling onto the
roadway or sidewalk. The Municipality shall be responsible for maintaining �
such material , if instal]ed, and for removing the material from the roadway
or sidewalk if the material spills onto those surfaces. Loose landscape
rock is nat permitted within Hennepin County's right of way because of �
problems caused during mowing, etc.
- Z -
� HennePin CountyAgreement PW 48-19-14
Exhibit"A';Sheet 4 of 8
April 3, 1995
The Municipalfty or owner has the responsibility to trim all ptant9ngs and
�o maintain visibility. �
� Henoepin Caunty's responsib9lity for landscape/streetscape restoration,
after any County activity, shall be limited to top soil, sod or seed.
Restoration of specialty ]andscape/streetscape items, sidewalks and
piantings shall be the responsibility of others.
� • The Division prefers traffic contral signage to be located behind the
sidewaik. Landscape/streetscape should not abstruct the view af signage. -
Landscape/streetscape should make ailowances for placement or future �
expansion of utilities.within the right of way. •
Traffic control during maintenance of landscaping shall comply with MMUTCD
for.traffic control .
� Med�ans
The Di.visian can supply typjcal design standards for raised and depressed
medians. Median drainage is a concern of the Division and should be
discussed with the Division's Design S�ction. The Division's guideline
does not a11ow planting trees within the med�ian unless there is the minimum
operational clear zone for the posted speed limit (see Operational Clear
Zone),
Plantings, including raised planting beds, in medians shall not be higher
than 3 feet from the bottom of the curb gutter �line, however, sight lines
must still be checked. Plantings should be kept as far back from the face
of curb• as possible to minlmize disturbance due to snow plowing (see also
Irr9gation). If the Municipality proceeds with placing plantings within
Hennepin County right of way, then the Municipality has the responsibiiity
to trim p]antings to maintain siqht lines.
• Ooerational Clear Zone .
To facilitate the safe aperatlon and maintenance of a roadway facility, an �
operational clear zone is required. Encroachment into the operational
. ctear zone causes safety and maintenance concerns.
The Divisian standard provides an operational ciear zone of 6 feet from t he
face of cur.b where posted speeds are 35 miles per hour (MPH) or less. For
speeds greater than 35 MPN ta 45 MPH, the Division standard provides a 10
foot operational clear zone, The required operationai clear zone for
speeds over 45 MPH shall be analyzed on an individual hasis by the Division
(see Figure 1). .
- • Riaht of Wav � �
Streetscape/landscape items within the County's right of way are reserved.
for the publiq and owned by the Municipality. Hennepin County does not �
allow private ;enhancements within the County's right of way.
- 3 -
Hennepin CountyAgreement PW 48-19-14
Exhibit"A";Sheet 5 of 8
April 3, 1995
. • S de al .
� ' The Oivision reconanends a s�dewalk with a minimum 5 foot width and prefers
the sidewalk be placed 6 feet from the `ace of curb to accommadate snow
storaqe. '
• S�anals. Sianina and Other Traffic Co�trol Devices
All traffic control devices must comply with MMUTCD.
for urban cross sections, the Division recommends traffic signs be placed�
at least fi feet from the face of curb to the edge of sign. Sign placement
1s preferred behind the sidewalk. The lacation of utilities should be
considered with regard to future sign placement. In areas where there is
no sidewaik, clearance ta the signage s6ouTd be at Teast 6 feet from the
curb or edge of shoulder to allow for snow storage and/ar future
sidewaik(see Snow Storage). �
Landscape/streetscape shouid not obstruct the view of signage. .
Traffic signals shall have the Division's standard type and color. Any
. other color scheme requires prior review and approval by the Division and
require the Municipaiity to maintain the �aint system at no cost to the
Division. Lead based paint shall ,n,� be used. Paint must comply with
carrent Mn/DOT specifications.
• Snow Storage
. The Division requires minimum operational clear zones for snaw �storage
along the�side of the road based on the posted speed limit. The
requirement of an operational clear zone for snaw storage,allows the
Division .to.efficiently clear roads of snow and he]p maintain the road's
traffic carrying capacity. Iaadequate snow storage will reduce lane
_ widths., adverse]y affect traffic handling capacity of the road and prevent .
.. trucks from usinq the partially blocked traffic lane: Roads that are not
cleared of snow along the curb to the storm drain can also cause drainage
�problems when the snow melts.
The Division may require that the Municipality obtain an easement if the re '
is inadequate snow storage available within the riqht of way as a result of
landscape/streetscape structure placement. In areas where
tandscape%streetscape structures cause inadequate�raom to store show off
the road, the Municipality will be required to either move br haul away the
snow (see Introduction for legal liability and maintenance requirements) .
• Street Liahtiny . � �
Street lighting must be fu�ctional and meet appropriate standards for
illumination. Special consideration should b� g�van to eliminating glare
and shadows. Questions on lighting shou]d b: re•��rred to the Oivision's
Design Section.
- 4 -
Hennepin CountyAgreement PW 48-19-14
Exhibit"A"; Sheet 6 of 8
. . �
April 3, 1995
� ees �
Trees, ia general, can obstruct the view of signs and signals. Prior to
. the placement of any tree, sight lines should be evaluated that includes
conslder.ation for fully mature trees and their canopies.
� The Division standard does not sanction the planting of trees on County
right of way within the operational clear zone (see Operatianal C7ear
Zone�.
Planting coniferous trees is discouraged within Hennepin County's right of
way.
Tree grates in sidewalks ar paved areas, unless properly installed and
maintained, can be a hazard to pedestrians, people with disabilities, and �
snow removal operations, etc. .The Municipality assumes all liability for
the piacement of any tree grates or other obstac]es within the County's
right of way.
Irrigation, if deemed necessary, should be limited to a trick7e type system �
(see Irrigation) . �
The Division does not contribute to the replacement of any �
streetscape/landscape alteration as a result of any highway maintenance,
modification or utitity work..
� Utilities
Underground utilities that do not extend above the surface may be placed
within the County's operational clear zone. Above ground utilities,
however� should be placed outside the County's operatlonal clear zone.
ERP MITS
The Oivision's Permit Office shall be informed of all canstruction or
maintenance work within the County's road right of way. Traffic Cantroi and
time of work must be approved by the Division� priar to beginning any work.
(Example: Parking in a traffic lane during rush hour is not allowed.)
� - 5 -
. Hennepin CountyAgreement PW 48-19-14
Exhibit"A";Sheet 7 of 8
FIGURE 1
HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS
TRANSPORTATION DIVISION �
RECOMMENDED LANDSCAPE / STREETSCAPE GUIDELINES
� UR BAN
� TYPICAL ROADWAY CROSS SECTION
� � * PLACEMENT OF TREES,
TRAFFIC LANE MINIMUM UTILITIES FI7�D OBJECTS ETC.
2' GUTTER �PERATIONAL
CLEAR ZONE ua �
AND SNOW
� STORAGE
�- RECO1�0►�ENDED PLACaIENT OF SiGNS
BOULEVARD
� FACE OF CURB
�
� POSTED SPEED LIMIT MINIMUM OPERATIONAL CLEAR ZONE
35 M.P.H. OR LESS 6 FOOT (FROM THE FACE OF CURB)
GREATER THAN 35 M.P.H. TO 45 M,P.H. 10 F�OT (FROM THE FACE OF CURB)
GREATER THAN 45 M.P.H. ANALYZED ON AN INDIVIDUAL
. BASIS BY THE DIYISION.
APRIL 1995
�
� � Hennepin County Agreement PW 48-19-14
Exhibit"A"; Sheet 8 of 8
i ' 1 ' : � 1 � � 1 ' �
.. t Designs influenced by the following �,. :
��`•: Guiding Principles: � '
R`�"�� .
��,p�y�; , � 1. Multimodal Design �� �}°�',
�y'_ �'.. ` � � �I
r
• � �....- ?,�
����,�'��' .��� ',��:;, 2.Connectivity and Public Realm ;� � � ^�; � �. �
.�.�' .� ,�1 �.r° �, ; ���' �,
�'� '� :�""4 �.�.��r ti�: 4.Design for People y, y,���n�. �fi,,�T��
� �. � . • .: � a.�• ' � �',•.;•.•»'�,, *�, ,��:.
:d' �r �' :. .�
;,T�,` _ � � ,-�,, �;� , 6.Sustainable Solutions �,,,, � `#*� x �.�� ,��,"'
. y�� f. �..✓� .�� i.� �j.yJ�n.. ' � � � �' �, { ;, .
T.��,: "'� �� � �� ��. '� w'�� 7. Health and Active Lifest les �:!a"'" "'°° _� -� � s �� • xn
4 ti � r.�.�.��� y y ����,.� ��'.��.:,r:
'`' t ,. • ',�'��. , `�F ��� �
-j�� L
, '�� � 'Y;- �_1�Y. Yr'� -�K a��.� .
x {y�
�.��� K-v Y�{��4'�`.�7,'� Z„ 1
..� ;�+,q��y ^�;r. :� ,. 4
� �1� . _�__ �'_\ ' ' •
� V' . "�y �
�_ ..:..._., �y .
X,..m � � .a �� ��.
�. �� �� r �1
i � _�
� r-r �-� .._.. ..�r _-___-_-_. .�-� ___..__... . . . . `-r. ._ ._._`.ry _ ..__. ..�,-�—_---.. ..►+ . . . .. �-
. .. .I t.: . . .
_ 11' ','VIDEP. THA�� =X,15''
� ___ _ _ __ _�
_/ �� �=�,��°4�a',.,�-< � County Road Reconstruction Projects — Portland Avenue and 66th Street
AGENDA SECTION: CONSENT CALENDAR
AGENDA ITEM# 5.6.
�� STAFF REPORT NO. 85
' , � . CITY COUNCIL MEETING
�
6/9/2015
��
REPORT PREPARED BY: Matt Brillhart, Planning Technician
DEPARTMENT DIRECTOR REVIEW: John Stark, Community Development Director
6/1/2015
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: Steven L. Devich
6/2/2015
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approvai of a resolution authorizing an interim use permit to allow construction
of a temporary 75-foot telecommunication tower at the Penn Avenue Water Tower/ Richfield Fire
Station#2.
EXECUTIVE SUMMARY:
The Penn Avenue Water Tower will be undergoing a rehabilitation project throughout summer and fall
2015. During that time, all existing wireless telecommunication equipment must be removed from the
water tower. Vinco, Inc.,working on behalf of multiple wireless carriers, has applied for an interim use
permit(IUP) to allow construction of a temporary steel telecommunications tower on the site. The
purpose of the proposed tower is to host existing wireless telecommunication antennas for the duration
of the water tower rehabilitation project.
Telecommunication towers are not permitted in the Mixed-Use Community(MU-C)zoning district. The
purpose of an IUP is to allow a use that may not be compatible with the Comprehensive Plan to operate
for a limited period of time. In districts that allow telecommunication towers, the minimum setback from
residential structures is equal to finrice the height of the tower; in this case, 150 feet. The setback
requirement is not met, as the tower will be located approximately 95 feet from the nearest residential
structure. In order to approve the IUP, the Council must find that the temporary nature of the permit
warrants waiving certain provisions of the Zoning Code, specifically, the prohibition of
telecommunication towers in the Mixed-Use district and the minimum setback distance
requirement. Staff recommends approval of an approximately seven-month interim use permit, effective
June 10, 2015 and terminating on December 31, 2015.
RECOMMENDED ACTION:
By Motion: Approve an interim use permit to allow construction of a temporary 75-foot
telecommunication tower at 6401 Penn Avenue.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
None.
B. POLICIES (resolutions,ordinances, re4ulations,statutes, etcl:
• In zoning districts that permit telecommunication towers, the minimum setback from residential
structures is equal to twice the height of the tower(Subsection 544.25, Subd. 8); in this case, 150
feet. The minimum setback requirement is not met, as the tower will be located approximately 95
feet from the nearest residential structure(6416 Oliver Avenue).
• The Council may waive Ordinance provisions upon a finding that the temporary nature of the
interim use permit will eliminate the adverse effects the provisions were intended to prevent. The
proposed location of the temporary tower maintains as large a setback as possible from the
nearest residential structure, while meeting the needs of wireless carriers. The proposed setback
of approximately 95 feet exceeds the height of the tower(75 feet). The applicant must submit
structural plans to ensure safety in the area immediately surrounding the temporary tower; the
structural requirements for a temporary tower are no different than those of a permanent tower.
• In evaluating a request for an IUP, the Council shall consider its compliance with the criteria
outlined in Subsection 547.15 of the City Code and further articulated in the attached document.
• Staff recommends approval of an approximately seven-month interim use permit, effective June
10, 2015 and terminating on December 31, 2015. This will allow the applicant to construct and
utilize the temporary tower for the duration of the water tower rehabilitation project, which is
scheduled to be completed in early October. The applicant anticipates having all
telecommunication equipment returned to the water tower approximately eight weeks following
completion of the rehabilitation project.
• Staff recommends the inclusion of one five-month extension option, to be granted at the
discretion of the Community Development Director and to terminate no later than May 31, 2016.
The applicant has indicated that the project is anticipated to be complete in early December 2015.
The extension would only be needed if there were unforeseen setbacks in the water tower
project, leading to a delay in returning telecommunication equipment to the water tower.
• By Ordinance, interim use permits terminate upon the occurrence of any of the following events,
whichever first occurs:
a) The date stated in the permit; or
b) Upon violation of conditions under which the permit was issued.
C. CRITICAL TIMING ISSUES:
• The 60-day clock'started'when a complete application was received on May 15, 2015. A
decision is required by July 14, 2015 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.
• The applicant wishes to begin construction of the temporary tower on June 10, 2015 in order
to keep the City's water tower rehabilitation project on schedule.
D. FINANCIAL IMPACT:
None.
E. LEGAL CONSIDERATION:
• A public hearing was held before the Planning Commission on May 27, 2015.
• Notice of the public hearing was published in the Sun Current newspaper in accordance with
State and Local requirements. No members of the public spoke.
• The Planning Commission recommended approval of the proposed interim use permit(5-0).
ALTERNATIVE RECOMMENDATION(Sl:
• Approve an interim use permit with additional conditions.
• Approve an interim use permit for a different length of time (up to five years maximum).
• Deny the application with a finding that the requirements necessary to issue an interim use
permit are not met.
PRINCIPAL PARTIES EXPECTED AT MEETING:
Mike Johnson, Vinco, Inc. Robert Hintgen, Utilities Superintendent
ATTACHMENTS:
Description Type
� Resolution-interim use permit Resolution Letter
0 Interim use permit requirements Backup Material
d Consent agreement Contract/Agreement
� Proposed plans Exhibit
� Zoning & Planning maps Exhibit
RESOLUTION NO.
RESOLUTION APPROVING AN
INTERIM USE PERMIT
TO ALLOW CONSTRUCTION OF A
TEMPORARY 75-FOOT TELECOMMUNICATION TOWER
AT 6401 PENN AVENUE
WHEREAS, the City of Richfield (the City) adopted a Comprehensive Plan in 2009 to
guide the development of the community; and
WHEREAS, the City has adopted a Zoning Ordinance or other official controls to assist
in implementing the Comprehensive Plan; and
WHEREAS, an application has been filed with the City which requests an interim use
permit to allow Vinco Inc. (the "Applicant") to construct a temporary 75-foot telecommunication
tower at 6401 Penn Avenue; and
WHEREAS, the Property is zoned Mixed Use — Community (MU-C); and
WHEREAS, the requested interim use of the property is not permitted in the MU-C
District; and
WHEREAS, the requested temporary telecommunications tower does not meet setback
requirements; and
WHEREAS, the City Council finds that the temporary nature of the proposed interim use
eliminates the adverse effects the prohibition was intended to prevent. Termination of the
permit in approximately seven months eliminates the adverse effects that a telecommunication
tower will have on the area; and
WHEREAS, the City Council finds that the temporary nature of the proposed interim use
warrants waiving certain provisions of the Zoning Code, allowing a reduction in setback
distance to the nearest residential structure from 150 feet to approximately 95 feet.
WHEREAS, the Planning Commission held a public hearing on May 27, 2015 to review
the application for an interim use permit, following mailed and published notice as required by
law; and
WHEREAS, the City Council has reviewed all materials submitted by the Applicant;
considered the oral and written testimony offered by the applicant and all interested parties;
and has now concluded that the application is in compliance with all applicable standards and
can be considered for approval.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield,
Minnesota, as follows:
1. The proposed interim use permit request meets all applicable conditions and restrictions
stated in Subsection 547.15 of the 2007 Zoning Ordinance.
2. An interim use permit for a temporary telecommunication tower by Vinco Inc. at 6401
Penn Avenue, as described in City Council Staff Report No. is approved with
the following conditions:
a. The interim use permit will on December 31, 2015, or upon violation of the
conditions under which the permit was issued, whichever occurs first.
b. That the Community Development Director shall hold discretion to grant a five-
month extension of the interim use permit, to expire no later than May 31, 2016.
c. That the property be returned to its initial state following removal of the temporary
tower and completion of the project.
Adopted by the City Council of the City of Richfield, Minnesota this 9th day of June
2015.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
Interim Use Permit Requirements
Subsection 547.15 Subd. 3.
a) The period of time for which the interim use permit is to be granted will terminate
before any adverse impacts are felt upon adjacent properties. Staff recommends
that the permit expire in approximately seven (7) months. At the discretion of the
Community Development Director, the interim use permit may be extended once,
for up to a five (5) month period, with the total permit duration not to exceed one
year. At that time, if conditions continue to warrant, the Council may issue a new
interim use permit to the applicant. It is not anticipated that a temporary
telecommunication tower will adversely impact the community or this area within
the duration of the interim use permit.
b) The use will terminate upon a date or event that can be identified with certainty.
Interim use permits may not be granted for a period greater than five (5) years.
Staff recommends termination on December 31, 2015. At staff's discretion, the
interim use permit may be extended once, for up to a five (5) month period, and
terminate no later than May 31, 2016.
c) The use will not adversely impact the health, safety and welfare of the community
during the period of the interim use. It is not anticipated that a temporary
telecommunication tower will adversely impact the community or this area within
the duration of the interim use permit.
d) The use is similar to existing uses in the area. Telecommunication equipment is
currently hosted on the City water tower, which is considerably taller than the
proposed 75-foot tower. No other telecommunication towers are located in the
vicinity.
e) An interim use shall conform to zoning regulations except the City Council may
waive ordinance provisions upon a finding that the temporary nature of the
interim use will eliminate the adverse effects the provisions were intended to
prevent The site is zoned Mixed-Use Community (MU-C) and
telecommunication towers are not a permitted use. Subsection 544.25, Subd. 8
of the Zoning Code states that towers shall maintain a minimum distance from
the nearest residential structure equal to twice the height of the tower. A 75-foot
tower requires a 150-foot minimum setback. The minimum setback requirement
is not met, as the tower will be located approximately 95 feet from the nearest
residential structure (6416 Oliver Avenue). The proposed location of the
temporary tower maintains as large a setback as possible from the nearest
residential structure while meeting the needs of wireless carriers. The proposed
setback of 95 feet exceeds the height of the tower (75 feet). The short-term
nature of the permit eliminates any adverse effects that a telecommunication
tower would have on the area. The applicant must submit structural plans to
ensure safety in the area immediately surrounding the temporary tower, which
shall be subject to the same structural review as a permanent tower.
fl There is adequate assurance that the property will be left in suitable condition
after the use is terminated. The property owner has signed a consent agreement
agreeing to this condition.
g) By agreement, the use will not impose additional costs on the public if it is
necessary for the public to take the property in the future. N/A. The property is
owned by the City.
h) The property owner, by agreement, agrees to any conditions that the City Council
has deemed appropriate for permission of the use, including a condition that the
owner will provide an appropriate financial surety to cover the cost of removing
the interim use and interim structures upon the expiration of the interim use
permit. The applicant must comply with all conditions of the interim use permit.
i) The property owner agrees to abide by any additional conditions that the Council
deems appropriate for permission of the use.
CONSENT AGREEMENT
WHEREAS,on November 13,2007 the City Council of the City of Richfield adopted
Ordinance No. 2007-19,which establishes a framework for regulating temporary use of land
through the issuance of interim use permits; and
WHEREAS, Section 547.15 Subdivisian 2 of this Ordinance requires an applicant for an
interim use permit to sign a Consent Agreement wherein the applicant acknowledges and agrees
that the proposed interim use will not impose additional costs on the public if there is a future
need for public acquisition of the applicant's property through eminent domain, that the applicant
has no entitlement to �uture reapproval of the interim use permit and that the applicant will abide
by ihe conditions of approval that the City Council attaches to the interim use permit;
NOW, THEREFORE, Vinco, Inc ,as applicant
for
an interim use permit for Temporary Tower at_6401 Penn
Ave S
(use of property) (location)
Vinco, Inc. ,agree as follows:
1. The applicant acknowledges that the prvposed use is temporary and terminates
upon expiration of the interim use permit. The applicant has no legal or equitable right to future
reapproval of the interim use permit and must file a new application for that purpose.
2. The applicant will comply with all conditions imposed by the City Council on the
interim use permit.
3. This Consent Agreement shall be binding on any owner,operator,tenant and/or
user of the property for which the interim use permit has been granted and the applicant is
authorized to sign this Consent Agreement on behalf of said owner,operator,tenant and/or user
of the property.
DATED: S"'� 1 "I S
Applicant
STATE OF MINNESOTA )
) SS
COUNTY OF HENNEPIN )
The foregoing instrument wa.�acknowledged before me this�day of
_�j�y+y ,20J5, by /!?/,e�J�r�r.U'vrt� , the OQ�.�-,� ��-��of
)/iir�CO, SsrJG , , a Minnesota ,on
beha�o sff aid cornpany.
�.�f��x ��S
Notary Public
- �' Sharon Lee Derr
N j NOTARY PUBLIC
State of Minnesota
`�.ar,.-`My Commissron Expires 1-31•2017
J
NOT FOR
CONSTRUCTION
_ _
� �
� �
OFlREHOUSE � DESIGN�
ROBERTJDANS,RW
O ARCHITECT
9913 VALIEY VIFN RD.
EDEN PRNRIE,MN 553M
W � 1 1 (95f)9039R99
� � �'
w
z � , z
w (���n�N��� � W VINCO inc.
� �WA7�R LINE ey-0' �
18995 FOREST BIVO.N.
� �/ �/ � exisriNC vtw / aoeoxem
EQUIPAIENi ROOA1 ��N[( <� FOREST IAKE.MN 55p25
��T1�$�m�E � (8511801A612
DIISTINC FlRE HtDRANT
IXISfING WATER TANN
z ,� �
W MINC
W �
� � CROSS PENN
e�snNC vROa�m uN� O
6401 PENN.AVE.S.
RICHFIELD,MN SSM123
NORTH SHEET CONTENTS:
PROPOSED SITE PLAN � s��P�
� SCALE:1f32'='I'-0'
�RAWNBY: KNW
DATE: 050615
CHECKEDBY: TJR
REV.A
A-1
I
�
srte auw i
LEGEND �
e ,���,�,����T �:,..�..� :I;..Mobile•• �
T-MOBILE Usq INC,
e CATCHBPbM j �� 90WW.78iH8T.9TEWo
■ a1RB NLEf EOINh MN 35138 R4.
/ {
8 VALVEQNOMWALSQNIC� yf� _
lY AREHYDRFM �. �F�� �
� ����� forge,��
����
� ��� �� ��
o ��� � ���
roweanevpu,nrc.
,� /(�°')/ �i r.lrqnean
O v.eciRror�reR / \l J\ `1 \ � �;�.e�aessm
p �ME� / \/ �� � aN¢woicre01Y�au�"Dr,uwiei
/ p(STINGBNLD�NG �
�' TRRFFIC910WV. ,,uu�`cc`` , r twn
0 rna�c3�eox /y�( 1� �\ / ' . 'i. L�BaTGRP^Wnmii•s•"•
�\\J,
r sica � .. `�uuae
� 1141LB0% / \ j ,� FOROEPR0.IECTN0:IB862 �
B WWDHOLE / \ ,. ORIIWNBY:TL
CHECKEDBY:N8
' _ ORNWFE / � I���. �..: y`:n
'__
D FE6(ATENDOFPIPE) � � - . • . .�- .. 3<'O. .. .
, i i ,' , r � .� .� .
-�- CWUNLINKFENCE ..� ^:s'x''1016:�'�
,� . . . , �'� ..8.•..�'6.•IBOhnwnnfiVL�/
-•-^_^" WOODFENCE ,' x . , .._ ..........
I � ••�•...••rioxof
0 �EPIiE56E0CURB I � ..o.�.................................................
33'-6' �� .....;.....�s...:U:.'.�..�...��.............
= CONCRE7E CURB 60UTTER I I x x ...........%...............J. �f, � .....;............:.....................,............
� y 6 ...... _ ...........................
—ys— s�wrtam�servEa ' � I . +� ...... ............................ {
—51�— STORMSEWER I [
—'A'— WATERMNN El(13TINGWA7ERTOWER � �� I I _.... ............................ �
. .x . .....:....
...p...
J � � �.� ; � .....:..............>...............................:::
_ ....:.............:..................................
—oe— OVEHHEADELECT7EIC . .
x . � : .....:.............a................................. ;
—uf— �NDERIXtOUNDELECTRIC \ •� � . �
� •••• •• ••••••••••••• •••••�:. CONSTRVCTINJLVFROMIXiAWINQS �
—OT— OVERHEPDTELEPHONE \ �
T-MOBIIE7ELEGVMMUNILA71ON9 MqRI�D"ISBUmFORCANSTRUCTON"
—IR— UNDER�RWNDTELEPHONE \ � Cq�pqMp �
—c— OAS 4HE �/� }� �\�,/ FLNLC.71'P. I • e � 1�19�1�B{�1� OC �
—c— caaeuu� �� j�[4t � •.. C3.1 Tef�d1 Prepa�edbYR1BD►LLnda' i
� euswsrwue �4 � wnd thd 1 em aduiy �
\ � � I I EngMeer under tlie lawe uf
7REE�EGOUOUS � �/ TEMPORNtYMONOPOI.EBYOfFIBL9. �9 f
iREE NOtFDEGWOU& � 1 9�9HEk7C2.1 f
OPo11H�'AEAFROW "'� �M �. �
��_CONTOIRLR�E }
(3)IXISTINGT-MO&ttANTGNN0.4TOBERHLJCATIDTOTH�IPCARY t
SP'i SPOTELEVATKKi POtE.TP..9EE1/G'0..1 �
7�F' TOPOFFWNQ4TION ���T�REQ1)IPMENTTOBEREMOV[DANDST00.'IDP9G
T/C TOPOFCONCREfElCN530N �x T-MOBIIYDIRECfIONJ x x x z x� � 4 !
Fi FINIS�EOFLOOR �� �
A.G.L ABOVEOROUNDLEVEL i OaMra�marv�wxc.nueimmueen�rtn
—— BOfMppRYLINE I �
�;,.-� �� RICHFIELDWATERTOWER- �
.. TEMPPOLE
..��..'� AsPFwlt �
?�•rv 8401 PENN AVE S
.a��n°. aapu�
:.,a� MINNEAPOLI&,MN 55423 k
� BRICK P
WATERTOWER t
� NEW&Ip.DR1dEIX11PMEtif � t
� ��,���r� N �, �
� /. SITE PLAN i
r -� �ES� �.
L � NOiE:COMRACTOR TO VERIFY IN FlEID ALL OIMENSIONS, F
M0.TERW.S,AND BUIL�INO CON�fTION6 FOR CANFORMIN 4
70 TIiESE ORAlMN0.4 AND ORIOINAL T-MO&LE DESION
r 1 I �RAWINO3U6EDTOCONS1f2UCTSREBEFOREORDERINO �/ � y
L J A�S��� MATERIALORFABRICATiNO AM'ASSEMBLIES '� C'I.'I j
w�
t
4
ELEVATION ANfENNA PLAN�69'�8" �
' T�S,��:� T••Mobile•• �
�a.�:urs 2 �
s�:xTs
�ELEV.�3'-0•AGl T-#90BILLTa4LREGUIPMMT N �
I (S)PAN[LANTQdNA9 T-MOBILE USA,MC.
800o W.7HfH 5T.STE.400
(17aSMEJ1 TMA5 EOINA.MN 53038
(12)GOAXIIN[5 �
5PRINT ANfENNAS,N.I.G
�'�
forge��
� � ��y��. �
VCZIZDNANTENNA3.N.I.C. ��N �F� r4r��AO�Fpppet�aM,�NG
rW��P( )y�
�\ /•C� � MYMION!lTR�➢.lT�
�! �j OAK9ROORlSIMCqILWIM
CItARWIRLANfENNA9.N.I.C. ��`.�7�.A - ��BrTGRP"'"�°�'"`"�m�
FORGEPROJECTN6,6%3 e
DRRWNBY:7� f
CHECKEDBY:NB �
CVT-MOdIPANRHl1A � � .!L ,.
e�cv.ae�-o ar,� ' .�ro��Ciri:�.�. .'i�?.x.?rr i'�wi..-
wn��
C3)PROP09�T-MOBIIEANTtNNAS� ..j..��y.��sa .....
(121TMAB.SEE2/C2.1 I \ 29/8'O.D.PIPEM�/ •.�.IaeumroRPENEJi........ �
ftU9H MWNTAUAPTER Kff�M. ••i••��noziie��i�Imu�.�ortseenir•••
I (4)PROPOSmT-MO&LETMA'S.TP.QS N���PfAW.._.. ........................... {�
PROP09m uGf1TV�2161fTRINGMOUNT.M. ..••.. •.......................... (�
�IRFCf-EMBEDMONOPdP I NALAAONTUCdMW/LP-42ADAPfEPJ ..•.•. ........................... (.
,� '' .....:.... ...:... ....
(7EMPORARY) PROPOSmT-MOBILEANTENNA.IYP.OF3 •...•i•.••..•••••.•�•.•••...................•......•.. �{F
IMOHOPdE ...... _ .......................... �
.....:.... ...:... ....
PROPCAmCOAXCABlfS I
.....:.............w.................................,
ROIJimpJOU(9IDE� CONSTFiUCTONIYFROMDRAWINGS �
OPMONOPOfE
(BSFTLONG,V.I.PJ I L8 IAARI�.D•IS6UEDFORCAN&7RUCi10M
�
I zV.OQb � ce�1KY tlt�tlNS Weo.sPect� at �
z aouas ►eP� ProPM'�bY me or uixler
��� t
i � andN�ed�underthetaws C
� S
!
I � ' E' �
ieraroren2rcneieewoa, � �
SFSSHEEfC3.1�I
vExa«a.N.i.c. 42y i
' �� wrw#
� ANTENNA SCHEDULE NED:
a�����.� k
7X MECH. ELEC. RRU CABLE �
TOGROUNDEIXIIPMENT LOCRTION A7JMl7itl HEIQHT 7ECHNq.00Y ANTENNAMOOEL DWM0.T DWNIILT TPE TYPE 1
��£ A� co, .�ert �� n,�mo�-csi�.�zM - _ � �)e' RICHFIELDWATERTOWER- °
cu�oe � '�e coax TEMP POLE �
El£V.O'-0"OC�. � (121PR�P09mT-MO< �
I � ��e•cotxcna�s
u� � I CpN(5UPPORfBRAG%E�ON 6401PENNAVE3
yf � I s�ree�eaxo�n�-o•o.c. vie• MINNEAPOLIS,MN55423 �
i° I � NN��TM.y6I < BI 180° 48Ff LlE TM�F6517-R2M - - 7!M � E
�a� � � � WATERTOWER k
��o I i NAP.9TACKMANGEP..M. ;
� 1
��� � I � ci aar aarr uc rMa+o«sn-rzan - - iru` �x ELEVATION
� � I �
L�_� I
� -
_�
THIS SCNEDULE IS BASED ON RFDB DATA CONFlOURATION SHEET OATED JULY 37,2D7I.
cnurivc*cxmvwrcueuNr,muuecr�onmurv�ur.wnou.+w�ewnnnMUrrs . C2.1
R[C�Pf W M1INRLRPDS,AlL WNNRl10N5,NIDCONPORMMICETOSTRIICIIMN.pB16N;
MLDNIATOl14TOBERPFORTmIMNEUTATIfYTOT-MO&IEPflt4ONNlL CABLE MOUNTINO PLAN
eorc'ruLaq
C
6401 Pen n Ave - I U P 6/2015
Surrounding Zoning
MU-C/PAC R
MU-C/PAC R
R Q R R Q
w MU-C/PAC
MU-C/PAC R w R �
Q MU-C/PAC � R
J
Z p W
W MU-C/PAC R R Z
a
MU-C/PAC
MU-C/PAC R R
64TH STREET - — —
R
MU-C/PAC R
R
MU-C/PAC
MU-C/PAC
R R
��
�h� MU-C/PAC R R
MU-C/PAC
R R
-C/PAC
R R
MU-C/PAC
R R
MU-C/PAC -C/PAC MU-C/PAC
MU-C/PAC
Feet
0 75 150 300 450 600 750
MU-C/PAC- Mixed-Use Community/Penn Avenue Corridor ^�
R-Single Family Residential ��
Path: I:\GIS\Community Development\Staff�Planning Tech\Projects\6401 Penn Z.mxd
6401 Pen n Ave - I U P 6/2015
Surrounding Comprehensive Plan
MIXED MIXED
MIXED LDR
MIXED
Q LDR DR Q
MIXED uJ MIXED
MIXED W LDR �
Q MIXED � LDR
J
Z O W
Wa MIXED LDR LDR Z
MIXED
MIXED LDR LDR
64TH STREET - - ---
MIXED LDR
LDR
LDR
MIXED
MIXED LDR LDR
�h�� MIXED LDR LDR
MIXED
LDR LDR
IXED
LDR LD
MIXED
LDR LDR
MIXED IXED MIXED
MIXED
Feet
0 75 150 300 450 600 750
MIXED - Mixed-Use ^'
LDR- Low Density Residential ��
Path: I:\GIS\Community Development\StafflPlanning Tech\Projects\6401 Penn CP.mxd
AGENDA SECTION: CONSENT CALENDAR
AGENDA ITEM# 5.C.
.� STAFF REPORT NO. 86
s , � . CITY COUNCIL MEETING
�
6/9/2015
��
REPORT PREPARED BY: Chris Regis, Finance Manager
DEPARTMENT DIRECTOR REVIEW: Steven L. Devich,Administrative Services Director
6/3/2015
OTHER DEPARTMENT REVIEW: None.
CITY MANAGER REVIEW: Steven L. Devich
6/3/2015
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of a resolution authorizing an accounting change from an Enterprise
(Proprietary) Fund to a Capital Project Fund for the Recreation Enterprise Fund.
EXECUTIVE SUMMARY:
At the November 25, 2014 City Council meeting, the Council approved the accounting change to Special
Revenue Fund status of three operations(Ice Arena, Swimming Pool, Special Facilities)within the Recreation
Enterprise Fund.
The final operation within the Recreation Enterprise Fund, the old Rich Acres Golf Course operation, is now
requested to be reclassified from an Enterprise(Proprietary) Fund to a Capital Project(Governmental) Fund.
During the 2014 audit process, the City's auditors, KDV, recommended the reclassification from an Enterprise
Fund to a Capital Project Fund. Since the closing of Rich Acres Golf Course at the end of 1999, the fund has
not operated as an enterprise fund. The activity within this operation is limited to utilization of residual assets
for the purpose of internally financing certain recreation projects and this type of activity does not meet the
definition of an enterprise fund. Therefore, for this reason, the reclassification is recommended.
With this accounting change the Recreation Enterprise Fund would be closed. The proposed accounting
change would be effective for the current(January 1, - December 31, 2015)fiscal year.
RECOMMENDED ACTION:
By Motion:Approve a resolution authorizing an accounting change from an Enterprise(Proprietary)
Fund to a Capital Project Fund for the Recreation Enterprise Fund.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
None.
B. POLICIES(resolutions,ordinances, re4ulations,statutes.etcl:
• Staff believes that the Capital Project Fund type more accurately represents the activity of the
remaining operation and that this fund type will be a more transparent approach.
C. CRITICAL TIMING ISSUES:
None.
D. FINANCIAL IMPACT:
• There will be no financial impact with the proposed accounting change.
E. LEGAL CONSIDERATION:
None.
ALTERNATIVE RECOMMENDATIONISI:
None.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None.
ATTACHMENTS:
Description Type
� Resolution Accounting Change Resolution Letter
RESOLUTION NO.
RESOLUTION AUTHORIZING ACCOUNTING CHANGE FROM AN ENTERPRISE
(PROPRIETARY) FUND TO A CAPITAL PROJECT (GOVERNMENTAL) FUND—
RECREATION ENTERPRISE FUND (RICH ACRES GOLF COURSE)
WHEREAS, Rich Acres Golf Course operation closed at the end of 1999, and has
not operated as an enterprise since that time, and
WHEREAS, reporting the operations of the Rich Acres Golf Course operation as a
Capital Project fund would be the proper presentation of the operation, and
WHEREAS, the City Council of the City of Richfield beginning with the current
(January 1, - December 31, 2015) fiscal year wishes to change the method by which it
accounts for the Rich Acres Golf Course operation within the Recreation Enterprise Fund;
and
WHEREAS, Per GASB 54 the balances within the new Capital Project Fund will be
considered as assigned.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Richfield
that effective January 1, 2015, the Rich Acres Golf Course operation within the
Recreation Enterprise Fund, will be accounted for as a Capital Project Fund.
Adopted by the City Council of the City of Richfield, Minnesota this 9t" day of June, 2015
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
AGENDA SECTION: PUBLIC HEARINGS
AGENDA ITEM# 7.
.�� STAFF REPORT NO. 88
s , � . CITY COUNCIL MEETING
� 6/9/2015
��
REPORT PREPARED BY: Julie Eddingtion, Kennedy&Graven,Chartered
DEPARTMENT DIRECTOR REVIEW: Steven L. Devich,Administrative Services Director
6/2/2015
OTHER DEPARTMENT REVIEW: None.
CITY MANAGER REVIEW: Steven L. Devich
6/2/2015
ITEM FOR COUNCIL CONSIDERATION:
Public hearing regarding a resolution giving host approval for the City of Columbus to issue conduit
bonds for the benefit of Richfield Senior Living, inc. in order to refinance its independent living and
assisted living facility located at 7601 Lyndale Avenue South.
EXECUTIVE SUMMARY:
Richfield Senior Living, Inc. is a Minnesota nonprofit that operates a 115-unit rental housing facility designed
for independent senior living and an attached 31-unit assisted living facility located at 7601 Lyndale Avenue
South. Richfield Senior Living has asked the City of Columbus to issue tax-exempt, bank-qualified conduit
bonds on its behalf to refinance its facility.
Tax-exempt obligations are usually not eligible for purchase by banks and other financial institutions, but
Section 265(b)(3) of the Tax Code permits each issuer of tax-exempt obligations to designate up to
$10,000,000 of tax-exempt bonds as"bank-qualified bonds"that are eligible for purchase by banks and other
financial institutions. In order to issue bank-qualified bonds, an issuer of bonds must not expect to issue more
than $10,000,000 of bonds(other than private activity bonds that are not qualified 501(c)(3) bonds) in a
calendar year. Generally, bank-qualified bonds provide a better interest rate than nonbank-qualified bonds.
The City of Richfield is unable to issue the conduit bonds for Richfield Senior Living, Inc. because it plans to
issue up to$10,000,000 of its own bank-qualified, tax-exempt general obligation bonds for City projects in
2015.
Both Minnesota law and the Tax Code require the City to hold a public hearing and provide host approval
anytime another city issues conduit bonds for a facility located within the City.
Staff recommends approval of the resolution providing host approval for the issuance of a revenue note by
the City of Columbus for the benefit of Richfield Senior Living, Inc.
RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Approve the resolution giving host approval
to the issuance of a revenue note by the City of Columbus for the benefit of Richfield Senior
Living, Inc.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
• Richfield Senior Living, Inc. wishes to refinance its existing facility located in the City through
tax-exempt, bank-qualified bonds.
• The City was asked to issue the conduit bonds for the benefit of Richfield Senior Living, Inc.
but the City is unable to issue bank-qualified bonds for Richfield Senior Living, Inc. because it
plans to issue up to $10,000,000 of its own bank-qualified, tax-exempt general obligation
bonds for City projects in 2015.
• The City of Columbus has agreed to issue the bonds on behalf of Richfield Senior Living,
Inc.
• Both Minnesota law and the Tax Code require that the City hold a public hearing and provide
host approval before another city can issue conduit bonds to finance a facility located within
the City.
B. POLICIES Iresolutions, ordinances, requlations.statutes,etcl:
• Providing host approval allows Richfield Senior Living, Inc. to refinance its facility while
preserving the City's ability to issue its own tax-exempt, bank-qualified general obligation
bonds for its 2015 infrastructure projects.
C. CRITICAL TIMING ISSUES:
• The public hearing and host approval must be completed before the City of Columbus may
issue the conduit bonds for Richfield Senior Living, Inc.
D. FINANCIAL IMPACT:
• There is no negative financial impact to the City providing host approval.
• Upon closing of the refunding bonds, Richfield Senior Living, Inc. will pay the City a deferred
conduit bond fee in the amount of approximately$250,000.
E. LEGAL CONSIDERATION:
• City's bond counsel drafted the attached resolution.
ALTERNATIVE RECOMMENDATION(Sl:
• Deny host approval.
• Continue public hearing and consideration of resolution providing host approval.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None.
ATTACHMENTS:
Description Type
❑ Richfield Senior Living Host City Resolution Resolution Letter
CITY OF RICHFIELD,MINNESOTA
RESOLUTION NO.
RESOLUTION CONSENTING TO AND APPROVING THE
ISSUANCE, SALE, AND DELIVERY BY THE CITY OF
COLUMBUS OF ITS REVENUE BONDS UNDER MINNESOTA
STATUTES,CHAPTER 462C,AS AMENDED; APPROVING AND
AUTHORIZING THE EXECUTION OF A COOPERATIVE
AGREEMENT WITH THE CITY OF COLUMBUS; AND
TAKING OTHER ACTIONS WITH RESPECT THERETO
WHEREAS,the City of Richfield,Minnesota(the"City")is a home rule charter city and political
subdivision duly organized and existing under its charter and the Constitution and laws of the State of
Minnesota; and
WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly
Minnesota Statutes, Chapter 462C, as amended(the "Housing Act"), a municipality is authorized to issue
revenue bonds to finance or refinance multifamily housing developments (including nursing and assisted
living facilities); and
WHEREAS, Minnesota Statutes, Section 471.656, as amended, authorizes a municipality to issue
obligations to finance or refinance the acquisition or improvement of property located outside of the
corporate boundaries of such municipality if the obligations are issued under a joint powers agreement
between the municipality issuing the obligations and the municipality in which the property to be
acquired or improved is located; and
WHEREAS, pursuant to Minnesota Statutes, Section 471.59, as amended, by the terms of a joint
powers agreement entered into through action of their governing bodies,two municipalities may jointly or
cooperatively exercise any power common to the contracting parties or any similar powers, including
those which are the same except for the territorial limits within which they may be exercised and the joint
powers agreement may provide for the exercise of such powers by one or more of the participating
governmental units on behalf of the other participating units; and
WHEREAS, on December 14, 2004, the City issued its (i)Senior Housing Revenue Refunding
Bonds(Richfield Senior Housing, Inc. Project), Series 2004A(the"Series 2004A Bonds"), in the original
aggregate principal amount of $18,675,000; and (ii)Subordinate Senior Housing Revenue Refunding
Bonds (Richfield Senior Housing, Inc. Project), Series 2004B (the "Series 2004B Bonds," and together
with the Series 2004A Bonds, the "Series 2004 Bonds"), in the original aggregate principal amount of
$2,000,000; and
WHEREAS, the proceeds of the Series 2004 Bonds were loaned to Richfield Senior Housing,
Inc., a Minnesota nonprofit corporation (the "Company"), for the purposes of (i) refinancing the
Company's 115-unit rental housing facility designed for independent senior living and attached 31-unit
assisted living facility located at 7601 Lyndale Avenue South in the City, together with related parking
and office space (the "Facilities") through the redemption and prepayment of the (a) Senior Housing
Revenue Bonds (Richfield Senior Housing, Inc. Project), Series 2000A, issued by the City in the original
aggregate principal amount of$19,500,000, and (b) T�able Senior Housing Revenue Bonds (Richfield
Senior Housing,Inc. Project), Series 2000B, issued by the City in the original aggregate principal amount
462098v1 JAE CL290-9
of$405,000; (ii)funding a debt service reserve fund for the Series 2004 Bonds; and (iii)paying costs of
issuance of the Series 2004 Bonds;and
WHEREAS, the Company has requested that the City of Columbus, Minnesota (the "Issuer")
issue its senior housing revenue refunding bonds, in one or more series, as taxable or tax-exempt
obligations (the "Bonds"), in an aggregate principal amount not to exceed $21,000,000, for the purposes
of(i) refinancing the Facilities through the redemption and prepayment of the outstanding Series 2004
Bonds; (ii) financing capital improvements to the Facilities; (iii) funding a debt service reserve fund; and
(iv)paying costs of issuance of the Bonds;and
WHEREAS, the City and the Issuer are proposing to enter into a Cooperative Agreement, to be
dated on or after July 1, 2015 (the "Cooperative Agreement"), pursuant to which the City will consent to
the issuance of the Bonds by the Issuer to refinance the Facilities and finance capital improvements
thereto (collectively, the "Project"), and the Issuer will agree to issue the Bonds to finance the Project;
and
WHEREAS, Section 147(� of the Internal Revenue Code of 1986, as amended(the"Code"),and
regulations promulgated thereunder, and Section 462C.04 of the Housing Act require that prior to the
issuance of the Bonds, the City Council consent to the issuance of the Bonds by the Issuer after
conducting a public hearing thereon preceded by publication of a notice of public hearing (in the form
required by Section 147(fl of the Code and applicable regulations) in a newspaper of general circulation
within the City at least fifteen(15)days prior to the public hearing date; and
WHEREAS, a notice of public hearing (the "Public Notice") was published at least fifteen (15)
days before the regularly scheduled meeting of the City Council of the City in the Sun-Current, the
official newspaper and a newspaper of general circulation in the City, with respect to the required public
hearing under Section 147(fl of the Code and the Housing Act;and
WHEREAS, on the date hereof, the City Council conducted a public hearing at which a
reasonable opportunity was provided for interested individuals to express their views, both orally and in
writing on the following: (i) consent to the issuance of the Bonds by the Issuer pursuant to the
requirements of Section 147(fl of the Code and the regulations promulgated thereunder; and(ii) approval
of the Project pursuant to the requirements of the Housing Act; and
WHEREAS, the Bonds are to be issued by the Issuer pursuant to the Housing Act and an
Indenture of Trust, to be dated on or after July 1, 2015 (the "Indenture"), between the Issuer and U.S.
Bank National Association, as trustee (the "Trustee"), and the principal of, premium(if any), and interest
on the Bonds: (i)shall be payable solely from the revenue pledged therefor;(ii)shall not constitute a debt
of the City or the Issuer within the meaning of any constitutional or statutory limitation; (iii)shall not
constitute nor give rise to a pecuniary liability of the City or the Issuer or a charge against its general
credit or taxing powers; and (iv)shall not constitute a charge, lien, or encumbrance, legal or equitable,
upon any property of the City or the Issuer other than the interest of the Issuer in the Loan Agreement;
and
WHEREAS, the Loan Agreement requires the Company to make payments thereunder in
amounts and at times sufficient to pay the principal of,premium(if any), and interest on the Bonds when
due, and the loan repayments required to be made by the Company to the Issuer under the terms of the
Loan Agreement will be assigned by the Issuer to the Trustee to secure the payment of the principal of,
premium(if any),and interest on the Bonds; and
462098v1 JAE CL290-9 2
WHEREAS, to secure its obligations under the Loan Agreement, the Company will provide a
mortgage lien on and a secured interest in certain of its property to the Trustee pursuant to an Amended
and Restated Mortgage Agreement,to be dated on or after July 1,2015 (the"Mortgage"); and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
RICHFIELD,MINNESOTA,AS FOLLOWS:
1. The City Council finds that it is in the best interest of the City to approve the issuance of
the Bonds by the Issuer to finance the Project and hereby consents to the issuance of the Bonds by the
Issuer for the purposes set forth above in an amount not to exceed$21,000,000.
2. The Bonds shall be issued pursuant to the Housing Act, and the proceeds derived from
the sale of the Bonds shall be loaned to the Company pursuant to the Loan Agreement. The Bonds shall
be special, limited obligations of the Issuer payable solely from the revenues provided by the Company
pursuant to the Loan Agreement and other funds pledged pursuant to the Indenture.
3. The Mayor and the City Manager are hereby authorized and directed to execute and deliver
the Cooperative Agreement. All of the provisions of the Cooperative Agreement, when executed and
delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent
as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery
thereof. The Cooperative Agreement shall be substantially in the form on file with the City which is hereby
approved, with such omissions and insertions as do not materially change the substance thereof, or as the
Mayor and the City Manager,in their discretion,shall determine,and the execution thereof by the Mayor and
the CiTy Manager shall be conclusive evidence of such determination.
4. The Mayor and City Manager and other officers, employees, and agents of the City are
hereby authorized and directed to prepare and furnish to bond counsel, the trustee, and the original
purchaser of the Bonds certified copies of all proceedings and records of the City relating to the approval
of the issuance of the Bonds, including a certification of this resolution. Such officers, employees, and
agents are hereby authorized to execute and deliver, on behalf of the City, all other certificates,
instruments,and other written documents that may be requested by bond counsel,the Trustee,the original
purchaser of the Bonds, or other persons or entities in conjunction with the issuance of the Bonds.
Without imposing any limitation on the scope of the preceding sentence, such officers, employees, and
agents are specifically authorized to execute and deliver a general certificate of the City.
5. The Company will, upon demand, reimburse the City for costs paid or incurred by the
City in connection with this resolution and the Cooperative Agreement.
6. This resolution shall be in full force and effect from and after its passage.
Approved by the City Council of the City of Richfield,Minnesota this 9`�'day of June,2015.
Debbie Goettel,Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
462098v1 JAE CL290-9 3
AGENDA SECTION: RESOLUTIONS
AGENDA ITEM# 8.
.� STAFF REPORT NO. 89
s , � . CITY COUNCIL MEETING
� 6/9/2015
��
REPORT PREPARED BY: Melissa Poehlman, City Planner
DEPARTMENT DIRECTOR REVIEW: John Stark, Community Development Director
6/1/2015
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: Steven L. Devich
6/2/2015
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution regarding a request to demolish the building at 7528 Lyndale Avenue
and construct a two-story addition to 7524 Lyndale Avenue in its place.
EXECUTIVE SUMMARY:
Barrett Lawn Care has operated from the building at 7524 Lyndale Avenue since 2008. The business offers
commercial and residential landscape maintenance and installation, as well as snow removal services
throughout the southwest metro area. In 2013, owneNoperators Eric and Laura Barrett purchased the
adjacent building at 7528 Lyndale Avenue(formerly Kirby Vacuum). This building is in very poor condition.
The applicant is proposing to tear down this building and construct a two-story office addition to their current
building. The total square footage will be approximately the same as the building that will be removed;
however, the new structure will be designed to provide proper offices and meeting space for employees. The
new addition will also provide a greatly improved "face"to Lyndale Avenue. Outside operations will not
change with the proposed construction.
The Planning Commission recommended unanimously(5-0)to approve the request.
RECOMMENDED ACTION:
By Motion: Approve the attached resolution for site plans allowing construction of a two-story
building addition at 7524 and 7528 Lyndale Avenue.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
Addressed in the Executive Summary.
B. POLICIES (resolutions,ordinances, re4ulations,statutes,etcl:
The General Business (C-2) District allows for a wide variety of retail and service businesses. Site plan
approval is required prior to the construction or alteration of any building in the City.
General Requirements
In regard to Code compliance, the proposed building addition and site improvements either maintain or
improve upon existing conditions. The new addition will meet setback, height and architectural
requirements. The required combination of the two parcels in order to construct the addition,will create
a single lot that meets minimum lot dimensions of this District. The existing combined site is nearly 97°/a
impervious. The applicant has proposed a plan with a modest decrease to impervious surface within the
actual site boundary, but also a significant improvement to the boulevard in front of the new addition. In
cases of redeveloping, non-conforming sites, the City can approve alternative landscape plans that meet
the intent of the Code. Staff believes that the significant improvement to the appearance of the site
through the building design and robust landscaping meets this requirement.
Parking
The Code requires 25 parking spaces for the proposed business (1 per 2 employees + 1 per business
vehicle). In addition to providing sufficient parking, the applicant will have an improved ADA parking
stall along Lyndale Avenue; the current ADA space is behind the building. As explained further in the
attached narrative, the applicants almost exclusively conduct their business off-site and customers
rarely visit this location. Continued parking in the rear of the building is not expected to be an issue.
Noise
Requirements of Section 930 related to noise will continue to apply. Since 2008, the City has received
one complaint related to noise. The complaint came after an overnight snow event when crews reported
early to retrieve snow plow vehicles. City staff and the Police followed up with the applicants and were
satisfied that the applicants would continue to discuss protocols that could reduce noise in whatever
manner possible. The applicant has included the names and addresses of neighbors immediately to the
west of their property who have indicated that they do not have reason to complain about noise. In
addition, the applicants have provided details about scheduling and the proactive approach to noise
control that is taken with empioyees.
General Criteria for Site Plan Evaluation
In evaluating a site plan, the Planning Commission and City Council shall consider its compliance with
the following criteria which are discussed more fully in the attached requirements document:
• Consistency with the various elements and objectives of the City's Comprehensive Plan.
• Consistency with the purposes of the City Code.
• Consistency and harmony with the general appearance of neighboring developed areas and open
spaces.
• An internal sense of order and provision of a desirable environment.
• Appropriateness of the amount and arrangement of open space and landscaping, the building
materials, textures and colors.
• Adequacy of circulation and parking for all modes of transport.
• Use of energy-conserving design.
• Protection of adjacent and neighboring properties from negative environmental impacts.
Staff finds the identified criteria to be met.
C. CRITICAL TIMING ISSUES:
60-DAY RULE: The 60-day clock'started'when a complete application was received on May 11,
2015. A decision is required by July 10, 2015 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 IMPACT:
The required application-processing fee has been paid.
E. LEGAL CONSIDERATION:
• A public hearing was held before the Planning Commission on May 27, 2015.
• Notice of the public hearing was published in the Sun Current newspaper and mailed to
properties within 350 feet of the site.
• No members of the public spoke before the Planning Commission.
• The Planning Commission recommended approval of the proposed site plans (5-0).
ALTERNATIVE RECOMMENDATION(Sl:
• Approve the attached resolution with modifications.
• Deny the request for site plan approval with a finding that the proposal does not meet City
requirements.
PRINCIPAL PARTIES EXPECTED AT MEETING:
Eric& Laura Barrett-owners/operators Barrett Lawn Care Jeff Schuler- Firm Ground Architects and
Engineers
ATTACHMENTS:
Description Type
❑ Resolution Resolution Letter
❑ Required Findings Backup Material
d Proposed plans Exhibit
� Applicant Narrative Exhibit
� Planning &Zoning Maps Exhibit
RESOLUTION NO.
RESOLUTION GRANTING APPROVAL
OF A SITE PLAN
TO ALLOW CONSTRUCTION OF A
TWO-STORY BUILDING ADDITION
AT 7524 AND 7528 LYNDALE AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests
approval of site plan to allow demolition of an existing structure and construction of a building
addition at the property legally described as:
LOTS 8, 9, AND 10, BLOCK 25, IRWIN SHORES, HENNEPIN COUNTY, MINNESOTA
WHEREAS, the requested site plan has been reviewed by the City Council and meets
City requirements; and
WHEREAS, the proposed site plan will adequately serve the purpose for which
it is proposed and will not have an adverse effect upon the public safety or general welfare;
and
WHEREAS, the City has fully considered the request for approval of the site plan.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. The City Council adopts as its Findings of Fact the WHEREAS clauses set forth above.
2. A site plan for a two-story building addition as described in City Council Report No. ,
on the Subject Property legally described above is approved.
3. The approved site plan is subject to the following conditions:
• Properties must be combined into a single tax parcel.
• All outdoor parking spaces must be striped in accordance with City requirements;
• All required parking stalls (25) must be accessible year-round.
• Landscaping must be continuously maintained.
• A bicycle rack capable of supporting a minimum of finro bicycles is required unless
deemed unnecessary by the Community Development Director.
• All new utilities must be screened in accordance with City requirements.
• The applicant is responsible for obtaining all required permits, compliance with all
requirements detailed in the City's Administrative Review Committee Report dated
April 30, 2015, and compliance with all other City and State regulations. Permits are
required prior to the commencement of any work.
� Prior to the issuance of a temporary certificate of occupancy, security deposit for
unfinished improvements must be submitted. This security deposit shall be
calculated in accordance with Subsection 547.17 of the Code.
• This approval shall expire one year from the date of approval unless the use has
commenced or a building permit has been obtained and construction begun.
Adopted by the City Council of the City of Richfield, Minnesota this 9th day of June
2015.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
Site Plan Approval (Subsection 547.13)
In evaluating a site plan, the Planning Commission and Council shall consider its
compliance with the following:
a) Consistency with the various elements and objectives of the City's long range
plans including, but not limited to, the Comprehensive Plan. The
existing/proposed use of the property is consistent with the guiding Community
Commercial designation. Further, the Comprehensive Plan identifies a number
of goals and policies related to economic development and support for business
and employment growth. The proposal is consistent with these goals and
policies.
b) Consistency with the purposes of the Zoning Code. The purposes of the Zoning
Code include: assisting in the implementation of the Comprehensive Plan;
creating harmonious and workable relationships among land uses; enhancing
and protecting the physical appearance of the City and more. The proposal is
consistent with these purposes of the Zoning Code.
c) Preservation of the site in its natural state, insofar as practicable, by minimizing
tree and soil removal, and designing any grade changes so as to be in keeping
with the general appearance of neighboring developed or developing areas. The
site is already fully developed and nearly 100 percent impervious. The proposed
building and site have been designed so as to compliment and improve the
surrounding area.
d) Creation of a harmonious relationship of buildings and open spaces with the
terrain and with existing and future buildings having a visual relationship to the
proposed development. The proposed building addition is complimentary to the
existing building and the site design offers significant improvement along one of
the City's major roadways.
e) Creation of a functional and harmonious design for structures and site features
including:
i. Creation of an internal sense of order for the various functions and
buildings on the site and provision of a desirable environment for
occupants, visitors and the general community;
ii. Appropriateness of the amount and arrangement of open space and
landscaping to the design and function of the development;
iii. Appropriateness of the materials, textures, colors and details of
construction as an expression of the design concept of the project and
the compatibility of the same with the adjacent and neighboring
structures and functions; and
iv. Adequacy of vehicular, cycling and pedestrian circulation, including
walkways, interior drives and parking, in terms of location and number
of access points to the public streets, width of interior drives and
access points, general interior circulation, separation of pedestrian,
cycling and vehicular traffic and arrangement and amount of parking so
as to be safe, convenient and, insofar as practicable, compatible with
the design of proposed buildings, structures and neighboring
properties.
The proposal maintains or improves upon all requirements of the Code.
fl Creation of an energy-conserving design through design location, orientation and
elevation of structures, the use and location of glass in structures, and the use of
landscape materials and site grading. The proposal will decrease overall
impervious surface through the landscaping provided in the boulevard area.
g) Protection of adjacent and neighboring properties through reasonable provisions
for such matters as surface water drainage, sound and sight buffers, preservation
of views, light and air, and those aspects of design, not adequately covered by
other regulations, which may have substantial effects on neighboring land uses.
Adequate provisions are in place to protect neighboring land uses from
substantial effects.
. ��. ..: ' , ,. �.r.n -. r .- . cs .� F.-r o n
.._ - _..:_.,� ._.._ .<< 5. - s�.. s �� n�x�..❑ i sxoarstt>� r n:�. � im r r c�r y •.
�_,� �'��� . ti � � w i y � ��
� . I
� � �i �
. ., ,.-.. , �._ - m � i v u r � � i u -r � r
i ..". . . ' - -_-n_ � •° e
_< r , .. � � i eui.e i i\ �rT.r i i ui.c i u uuinae x�F� , . . �v�i
szo ,�_�n,=��: V '�
I 5 Y I I ,2� y S .�. ..�.. . .- C (�!t'fR O ('CI�IHFR TH. R PI'RT1 11 �T T '
_ «�.�,,. -., I � 4 ` � c. n rH�� E . .. i� � ��
— .s � �- 735J7 N89°58'04"E e < . 11 � i , . w �.
kl n , ,F „ cc= �
� .. ,� .," t = . �
^�� � -� s ..�, nn..�, ". •• ', I�, � ' . fR F Fl TNfRI OH TO.�f ('Ip.l f W � �
i . .� w. ,���y n� �" r, . �' 4 - I l l'� 1 1 1'I 5. ONI C�TH!<ITl'�I tllC I 1.�t.CI 1�Itl C
I i .iv N, re e<:� V�
., �, }� . M w \J . . . �� 8
ll,n.�� � .. .�ii c i . �w
I � � ~ � . s , . = 1 1 � n m
` i ir�r re rzrti n i H� �.. e r o:i ��.nro . z .
4 °`° .. LOT 8 _ �` 4 s € 4 w-�. s I � � ` ���k �„ �� a fr
I . s „,.� n'�e . S , � � 4 I Aly`I'1'R „`(1„ILT'11 F\�tICT.n\\I P�utA•_5_�RNI\SHONIS _ ` �
J t , ., `" _ �.. ,. �,� :i � , � � ,,
�
I ���,i ��� � � � � �: „ ,.� ���
f��}` . .na i . i .i
I �� � �
...ef� .. � � ������ ' � zi< nnn> i��oznm.��cr �a i�.i oiniuic�muc�suF ,� � •
� .: �
�I s - e.k �uu.
�o. `�r �
i � < �. ' =. �..:'.., _ . _ I..` � ...' ' i n< -.,,, .�.
i d s x . Iv,, nn� � �u u w �. i�ri:r
. � � � I I� ��� RC.�RS Ill IM1TT.RR R�R.. fiCT E
. I
_. . .... I �: r,l e:5 � . '.-E-.5an.�,: ���j/.-� � y . , � g - 3�/� E� F 'l� R R.I i k O
N E �- ,
3
i� x � ��s v� i : r it rn' V]
�� O � �. I _ �j _ ,�� T i T.TF ( CF(T C .�[ RCS H�CTT)Ff " w -
:' � O� .. L . . ` E . �j /' L c O `` . i 11M11i111 Itif�. tl I � o
� � z a �OT 9 .�e .a.nec�rrr� � / �z j �� i n K, e i i �� i .�i ii �i i �i o r-riu�s � � .•�o
/ ar. i. iH � i.air n� i �f-. 'N
�I .. t� o .' � .. c ///� � o r ° �, Q
N ry � fR�LL R(�S N[ pl H[FF.LT R . :�fRi'.S t� �
" • � � „ . �i IU t."� 4lHL�l'N Itkl"115 'A\UI�_ITI.UALt.\VtNl.t.li�l'I'H. � r7 ��
i �- I < � _��I�� f IIIIfIO �\I_l1lA V_ [/]
�.�. �.. I � �4 � tr.�S .\�\\ � rnNl.\1It� . . I.�_I.1� \L. t.�. .iul_e. ��� �c
I i� . .. .P°_,r.0��:
� - .` 1 «�� ��^. ' ��
, � ,.4 M .� J Ao_���<
5 �� � ,.e. � �
t `a _fi, ..� , � ,a=� ��
' Vv 5�6x ti - R'f\�114�1'RIVtIU�' �rc� �`
.
v�.��
.
. i _. �. ...... ....... . ...:�s�... _.__"..._....._... n` �:. .x1.=.NU. 11.�..�r� . �c�...r�J � I�c�.f.11. iP V _
�
.
. �
.
I �
..; ., . {I ; v ..... wna B�,iJ • � L 6 ��.. . S' , C' .\lin,.wi � C
.
.� . c.s �i�. ��.n
�,I . .nn ��i �F
— -- I .� ..unR.. E , i
- , � �or io � ,z� °_E.;
. o
, e
� ,�
� � � �
> s � .�
� � ..,.� . � � 2 ^ v (� �� .N
�
iv ' � • _ . .... . . .: �
. . � — ,. -_ - . J G .t'=x� i .�,...i r�<.. .,...,.� �.,..,�„ v�. <o ��n�,..�,. � ��
' .
� � � .. . --_ .«� � �� �' � ` - �!�A/�i.i�.
'..,.�
' .�� , --.. �.�_
n,
�
, r�
. � � � ,.': , , , � � C�t
; s , �t� , �.; �. ,,:; " � tn
' .-, _ -'r -- -- �.�, ias.ee Nas°sa'o e • _�,: a t���.r<.�• .,�..,�����. � �:..,,. T.
n tl;
�i- - ���o �� ;
.- ,,� - ^i . _ _
. ., �„ , ; <, I ����w� .�,p.r. i DRAWN BY
m
.�� x.
�.. I � - :���+ I .� s '�.. � SnP
wn�
4 .. � . r
� I I , � � I ' �' ' _- _... DA1E
� 5/0]/1<
�i
� .. I .,. .._ -_
' - ` - I � REVISIONS
�� �' ;; ' �� N SITE SURVEY
� 5 � . I� 'S' noc C Lv_._. /.. •.v � ' I � ^� � IROt+FOIfND
/' � ,�I I.IGHT POLE
— S < <+ 1 i /' u � ?1 L'LEC7RIC A!ETEP. —
./ I � �i�%I � HAN]HOI.F. �O. 1
,� I�;. — `I � VR COSDI'fIONER tiS11'
< ,
GUT:iL'F01TJ
_ r.- � . .... , � I � !C lRA S7VP
= �•, � ' I II� w G 1�rc VALVC
I V � � I �a � FO'f TIN CCRB
-: � — ..�__'. _'"__-- _ _ _ — _- '_-. ...__ ._.� 5.� I xacn G � E�'ATION
e �.� �
:� . '� ,_ "'"'_yc� ...-�'. �._. { �.y�....... . .. � DFCIJLOlBTRBF. 23DM100
� : .,i .� . I I^ .
` � Llhl f;1PC N�TtikL1L PROJECT NO.
�I �� �
. �I .VF'H,V.1 SIRFACL� _. E' 23�5<
FILE NO.
E ' . ''' I � f...'] CONCRF.TF,SURFACG ..c. . r.. I-14-04a
SHEET 1 OF 1
i-----------------\--------a=�-----------i
i � ; � ,�e i
i � � ; i
J ^� i
_ �
,_ i
�
0
m
�,
� �� , _ � i
_ �� � 8�� �� i I� i
__ � Am o �
___ _.._.._T
J_ '. ��? I n �o I
_ _1 'm� I 9�� Iam i I
�
�o ��� ', ��� ,� I
s �
m
� ��9 , �� �---- �o � �
,� �� � ryo=
—9fi�
_ �y��L i
an8 I I
I
. ...__.... . . I _... .�_..._.._... .I i I
io.V—J
..__—_____
������� ��'
I i
I . .....____. .tOJ' � �', I
-- i l � I
� _ i � — I
i ; ,
i, i � ' I
�� �
i� _ _ ' ,
� — _____ ' I
iI � � � —-II- _ _ � I
i i � I
i �
i � --'-� I
i � � r -- I
i � � n_ �::ha ��l
� i ! \���Iq
i � j '� ��° ���
� � v��,, , �
� � �'
iW—� '�----------:----------------=
� , ym�
, ;4;;. i =�F
. I- _-, ''*;r: -1� - I� ��HC �.'_I ' >�
� ..._—�. __.. . .._5 �
�
� ---� � �..�� : ��-_ �
� � � � �I _ ____J
8 �°€9 I ' '� q
�g�l ��� � ;�� p=� �o����i�g
� F �� �� 7AO�s"'"op�
'� �ti A���?�9 �� � ��
��� 6g°� ����DO� F q��� g���
��� �d� g����
� � �D ���
�' o >� S' 9�cs'., � p o Fv= "y '_` m �' � � m : e ; p � , . , a � . - - �
� � � s �aas x > �<°_ �<° A � � �� � �s � ea �� �� � � i g=` ma� � � � �"" m
� x� 's a�;I � �, o�� a�� D €E�� o "�� ��� �� 3a ���,m � ^ � � � �����a� '
m �� : ��� � s �� � �� ��gQ €xN '€� �g b� o
�, o o z ��� ��g � �i�� A � � � . � a � �° ��_ �� � � � g= �r �� � ��g �a y
� � a ��n o a � a m ' �"sm� T �� � .� � �� � �'� ��� � "�=�g �g ��� ���°� �� �� ��3� z
m F a's°c a ���� m � � ��a��, �� �t�� �€ �H� `� s�� �" �� �� °����e� o
K� O I� G�o , � o �° � � � � g � ��e� `s o $�H Q� am� �° =s ° �ScE
o m - �€ F � �� � � � � v � ��� �� ���s� m g�a F �� �> �sg��z�
RP D � �u�� w �� �� � �p�gs €���a° �R '"�� °8�o �� g�g�b�'�
' � � � � m � m� � " � �° �8�'� a� ��> �� mm �� ;=hm���
�m��L � m�., � �s,�s� � �c@� ���� " � � �� � � � � ��� � �Ro� �� �� H� gy � �F�noos
✓ � I �9��R� �"� R p N �� N ��c �� n � � � � � � � � � �� a� �� �� �U�"o � �n $� ���
� _ e &�,� � wxa� � z �a ��� �y � �� � �
z �- e � ��� � <�x ��� o � � �� s� � � � � o� o� �$ o � �� g ��
� s °P -+ � � � g�
���R�� � °€ g � � g) � �� � � � � � �g�g � ��£�� §� 5� $� �' g gmA°�=`
P �� „� ,� o � w � €g � � '� � � F�g � #>�' �g �� �� �� � ^°'o�H
��g� g �� � �D � � ��os � ��o� �o � � � � ��� € ��gr �o $� �_ ; � �=AF��
� s �; F �� � - � r::o � �r�° � � � o ��m� � m�o� � �� �m A „o�'$A
a � � � � �' �z ��_�..,°
�° g� e`-�� � ���na°
. N g� � id 9�i.4� � ?'xa4� � `� e g ^, ��� � 9��� g� g� 8" � - g��F�$
'8 �" � � � � � � ��°� '�� �g �° > �°�e��
� � � $ �"o � ���� �m �'� o .o �$
� _ € �i ,,, t � .
� _� yI— __ �-� o ��EC BARRETT LAWN CARE Z � ; g _��
�� I.m 3z�`�,a F �O� : y�3 � �EA��
\ , N j>`�. ' 752487528LVNDALEAVENUESOUTH,RICHFIELD.M1IN �T� m A ;� �9'Of
N m �. �o� : �° ° 3:�<<`�
� I� o �,s BARRETT ENTERPRISE LLC ��g o � � f;;;
O D I'�.I K I - 7 5 2 4 L Y N D A L E A V E N U E S O U T H,R ICHFIELD,MN 55423 O 9^-:�
z , �' �k
/�,:�� - T
/ ' - -
�
_ , , � -
: ; j I s ,: ; f - .
. ; '� ., ( I m � j ti � .- ' . _
',. . I i , , � .. .
I i.
I
� ,� � �� -
, ; � —-}� ���/ - f � ;=
' � �I II '.` U
� ,� � �
,, l. l 1...1 . O
., ;Ii. I � � 1X . � .
I I � } �� / - Y� ��I' f' �'� 6 , �//
GC1
�
.,, I�, � � � .
I� \ ;,r � �--.
�. A_ . . _ �;"�
�_ - __ i;
i'
I c i,�
—
i
rn �' ��
x . 'i
�r
_� ,
I �
S1
' / I � �
�r �// � � II.
�� •t.r �
�� I �
�
� I� � __
� � �- --—'�
-� !� '.�' , .
m � • t r
co + � I
�...
D '� I
< cR
� I
-� . �n - —
io a � , ��'. �
�. S � � �
In �
' •:Y. � I � � 'I I �. . . . � � ,
f { I
N
�� * � a �
\ ,. 1' j I
• � I
� D !—
r �_
�I ,. : '�,. ,
f
�� �\ I
��<, � , �
-
�
.
/,,��
13�'.I'►"P�_� ����1�Z�1 ���il'C', �1�1C �'\
,
�- ° � ' ` ' BARRET�
� i�,-�°-I Ly*ndalct Ave. S., Richfi�lcl �1� � ` ( � , '�_i
:�., �.,.� �.,„,.;, �y.. LAWN CARE, INC.
�' .;t_� 'N`
�, g_ _ �_ ° �
a� ���iii���iTi" �� iii=iir=ii
°N I I_I-1I1=1I £ , =m I I II I II I II I I�� i i
I I I II I II I I�� =1 I1=1TI - - - ---�
g; I � I I1=1 I 1=1 I
e �I1=1I1=1I ___L._-__-� o -1I1=1II ,, �
=111=111 111=111=11 -
IIIIIIIIII��I' _ =111-1TI ; �_
111= -
111=111=1 I I II i ll l ll l ll l
=111=111 , -III-III � �
i I_I=1 I 1=1 I I 1=1 I 1=1 I o
-I I1=1I I ��n -—- - -
I I1=1I1=1 IQ; I I II I III II I II I� -�
Iil�llllllll� j� � IIIIIIIII�IIII
=1TI-III - - - �
111=111=1 �� IIIIIIIII�IIII �
=1I1=1I I =1I 1=1I I
I I 1=1 I1=1 , I I_II I II I I���I I �
=iii=iii 4 q -�
iTi=i i i=i s iTi=i i i=u
=11I�III_ =III-ITI_
I I 1=�I 1=1 I I 1=1 I 1=1 I '
IT_II I II I II I II _ _ _ �J =1 I I-I I I �, � �e
111=111=11
=111=111
I I 1=1 I 1=� I I 1=1 I 1=1 I , ,v a�
=111=111 , , =111=1TI s�
I I1=1I 1=1 I I1=1I 1=1I `�
=1I1=1I I -I I1=1 I I ��
I I I-1 I 1=1 i - - - -� I I 1=1 I 1=1 I � �
I I II I II I II I�I I , =1I1=1I I '�
111=111=11 , �
=1I1=1I I -I I I-I I I
I I_I=1 I1=1 I ----� I I1=1I 1=1I ' �
-III-III_ .� -
111=111=11 ' I I II I II I II I I�I, , ,s ,
=111-III ' =111-ITI
II1=' 1=1I II1=111=11
I I II I II I 1=1I �� =1 I 1=1I I
111=111=11,
=111=11I � � � =111=11I - -�
I I 1=1I I-I I I I_I=1 I1=1I
=1 I I=1T —T�IIl - --
I I 1=1I 1=1I -� -�I1-1 I1-1I' .�� ��,� ,�
=111=111
I I 1=1 I 1=1 I ;� '�' -' €I, �= �'�
-111=111 � "
i i i=i i i=i = ��"' ; N� '�C � � >�
� � �
III-II�II
$" IIIIIIIIIIII�� I I; I 4m p I
-z =1I1=1I1 � � a�, -,,,-,,, i
i� I I I I I I�I I I I I I I � � � �, '= I I 1=1 I 1=1 I I �
=1I1=1I I- _.�
�����I��� _ y m e����—���—�� _ �_ _— m
=���—���—
���—���—�� � � ���—���—��� i
—���—��� � —���—���—
���—���—�� ���—���—���
-111=111 -III-III- g
I I1=' _ �° I I_I=1I 1=1I I
=111 III � -111=111= - �
I I1=1 I1=1 I w I I1=1I 1=1I I
-I I1=1I
IIIIIIIIIIIIII � A I I IIIIIIIIIII _
111=111-II Z'"J IIIIIIIIIIIIIT_I ° �
=1I I-I I I =1 I 1=1 I I-
I I 1=1 I I-1 I I I1-1I 1=1I I
=111=111 =111=111= -
I I 1=1 I1=1 I I I_I=1I 1=1I I �
=I I I=I I I N -I I I-I I I=
I I 1=1 I I- I I I1=1I 1=1I I;
-I I1=1I I " -I I I-I I I- _ _____ m
IIHIHI � �__ ` III-T�1L F ,
=1 I1=1I I �' -LI I-I I I-
111=111=11 w III-111=111
-III-III
_ _.�-._._--—--� -I I I-I I 1=
II1=1I1=1I m III-II1=1II
�g��N& � =1 I1=1I I � =1 I 1=1 I1= �
I I 1=1I 1=1I I I1=1I 1=1I I
N - -III-III -III-ITI-
�a��� I I_I=1 I 1=1 I I I 1=1 I 1=1 I I
�s g�A>�>.-m� -I I1=1I I , =1I1=1I1= , ,
�,x F a���,� I I1=1I 1=1 I I I1=1I I-1I I
N n =1I1=1I I =1 I I-I I I- - O
m;�� _�_�"N I I 1=1 I 1=1 I I I 1=1 I 1=1 I I � m
� ° "��w��' =1 I1=1 I I =1 I 1=1 I 1= �
°g m p p`°o w°� I I_I=1 I 1=1 I � „ I I 1=1 I 1=_ �---
F 5�� ;"g>�° -I11=11I —--Om =111=1II- ,•' '�
��9� _��p;m I I 1=1 I 1=I I I I 1=1 I 1=1 I I
�'� =I i I=I I I � =I I I=I I- N
�m g p o A N o � I I 1=1 I I�I � , I I 1=1 I 1-1 I I - -
=111=111 =111=111=
�� A n�,� z I I 1=1 I 1=1 I � I I 1=1 I 1=1 I I
=1I1=111
�g A� � m 111=111=11 ' II_IIII���II� �
c� � � =1 I 1=1 I I � -I I I-I I I- - - �- - - m
_ � I I1=1I1=1I' 1 I I1=1I1=1I I
� � � � =1 I H I I =1I 1=1I L- _�
111=111=11 �'l 111=111=tH - - - W
- =111=111 , =111=I11 , , ,
- � I I_I=111=11 111= I-11I �_
� -111=111 =1TI-
'g � 111=111=11 111-111=11
=1 I1=1I I =1I 1=1I I
r 111=111=11 ' � � II_I=111=11 � � �
� � =111=11I -II1=T _ - - A
_II1=1I1=1I ` y I II1=1I1=11 - - - - �
=1 I1=1I I - r -—-—-� =1I 1=1I I-- `"
` 111=111=11 Im ,�,� 111=111=11 ;x �,� -
a8 P�� =111=111 - �� ;;
� �� � � I I 1=1 I 1=1 _ � � �,A
�r —iii—iii � g
„ i � s
r ? '; � nf;o �; � p ;���D :
A s m i �� �i ����o� m �� ,� ;i�g� ��y �^
�D �e �- �� � • .. � ; Q?
� m� ti�i�)1 3 E3 r �t r sq6� � z v .8 ,�
A O -�i ai � �1Z��p `s s �°"a � E + '�$
��l O O q A7�'i �$ '� � c _ �.
C z;o �� J a c a �� t '_r. .���'a'
Z N ..(�� ��°P -. �
0 `" O u �^ ` � '
Y 1E Y
� �
I I
�
�� I
I, � , ..�...<<,x_��,.�_..
I I I 3cMaeket'!a 4ireat,Ste.C-2]
Minneapolis.MN SSE05
II i r.. . _�.c.
1W'-� Y `\`♦ /�'' � �n10 — — ' I ��i� ..�,..................
I �II�I����—��I—��—���—�I— � �—���—��—���
� 1��—���—�I�—���—���—���—������—��� ���������—���—���—������—��
�—���—���—���—���-7��—���—���—���—�I� —�I I—I I�—I��—�I�—���—���_���_�� �..• .'_"".'
, TRASH ENC URE EAST SIDE . TR4SH ENCLOSURE NORTH SIDE s TRASH ENCLOSURE WEST SIDE
'IE a„a a-,�- a-,a
I F * HARDIE PANEL TO MATCH BUILDING
�
I 5/8"MARINE GRADE PLYWOOD SHEATHING
r,�.....
-------- 2x4 W OOD SU PPORT Align Structurel,Inc.
, mP.�,.�ss,� ^.�ba.
I 8"GREEN TREATED WOOD POST
� —_ �� Barret�Lawe Care
I II 1=111= '°°'.°' ���.aM�,x,�
111=111:
, III 1=1I1=
III I ICONCRETE POST FOUNDATION
, I I I: w�`e,..���w��o�
I /\ � I I I_ Adtli lon
— __� __—_�k _�/{� �..�—�I�: a�cmwa.vx sv.x
�i = �I�=
; —I I 1=1 I 1=1 I I:
I 111�111=111=
=11=111=111:
I I I-1I I-1I1=
� -1 I I-1 I I-1 I I:
I
�TRASH ENCOLSURE PLAN ,. TR4SH ENCLOSURE SECTION
a_,a rz_,ff �
Issbe Nars�epN
^.NS„�u:o:,��
�aEVisioN onre
i TRASH°_P'C_OSUR�
PLAP�AD1�D='.AILS
- A403
. FIRM GROUN�
i� � �
- ---- _ '-� --
�� �� �• �• �• �• �� �• ,
O O �-' N W � � �
b N�p��l N�C \
o' o' o' o' o' a' !-�' �-'� F A,°,•$ Q,°,•3 �
o � � w in io w in ,,"3 2n o�d �
�� �n
S
=N �
p• p• p• o' o' � w' �' =3 =n
O r N �P OD V• N A n 3 �,S.c
�01 �n
a y '
anr-
O' O� O� O� �-'� N� �� p �. j Q� n ��.
O � N Ul r+ 01 O � n n n D . I
I. H
ti�D I
O� O� O� �� �-'� N� �� �''� ='-�n �
--d zz'
o r� N in N �I cn � 3 3.y ��; �..
' mn
?n 3
O� O� O� O� �-`� N� W� U7� �
O �-' N VI O �-` �O O�
ztio
O� O� O� O� O� �-'� N� N� D oo� �.,
O �-` N Ul �O U1 N O� � �'i
n; 3 II
p• p• p• O� O� r N� N� �^ 3 � . __.
O r N ln �O 111 W O� � n �
�
II W A� �r
O� O� O� O� �-`� N� �� O�� �I
O �-` N U7 �-` �-` N N '',
r 3 �F O
d -i w n
��nx -
' 03�
O� O� O� O� �-'� N� O�� �-`� �� N°
O �+ N U7 N J O� � `_ � .°o=, A'�'�
C
rn z
p� p• p' p• f+� N� (I7� l0� ' 1 1 z z D �.
O �' N ln i--� Ul W CO � �/ D D� .
/\ ;
V�• �
O� O• O� O� O• �'`• N• .A• . zz;
O �` N A OJ 01 �O O ', �F D D K
� 3
O� O� O� �� �� �� �"'� �� ... �
O �+ r� W ln t0 N �A '�, �
W
O� O� O� O� O� O� O� O� � �
O O �-' N W U'I � J V �, �
�
O� O� O� O� O� � � ' . �� �
O ...._O_-_'__—~'-_.. � N . _' 1— �� �
- -- - ' �ji0�� �f � `�
. . ;
�REF � �W I
�I
I� I
I
; ! _ 1
� � i
I
�
�� - _�i o _`' _ -----
�
o. a. e. o. ,
e ; � �___ . �
a '� v � . � a � 'o _ � . o � � � o � ma � . .. _ . o � e _ � � ., � . � - - - - �
Response to questions raised by the city:
Customer Traffic:
When Barrett Lawn Care is requested to submit a proposal for year-round maintenance the
appointments are always held at the site requesting service. We meet at their site because it is
necessary for us to walk the grounds taking pictures and observing what the terrain is in regards to the
buildings and roads. Google Earth has a hard time defining grade change;a necessary piece of
information in determining what equipment can be used in each location. (Smaller mowers for hills,
Bobcats for plowing narrow/hilly driveways,etc.) All the work for lawn/snow maintenance is perFormed
at the property which hired Barrett Lawn Care. Being we have most meetings on site we rarely if ever
have customers in our office.With this limited traffic customer parking is not an issue for us.
Occasionally, once a month or less,a client will stop by to pick up a plan or deliver payment. All the
work for landscaping is performed at the property which hired Barrett Lawn Care.
Equipment/parking for Barrett Lawn Care owned vehicles:
When the original building was purchased it was understood that vehicles/trailers would park on the
property at night and weekends. Most(if not all)vehicles are"in the field"during business operations.
Small equipment,such as lawnmowers,trimmers, blowers,etc. are stored indoors—year-round. During
the winter months,3-5 employees are allowed to take vehicles home so they can begin plowing at the
cessation of each snowfall directly from their homes. In a similar manner,3 Bobcats are parked at the
location they plow eliminating the need to trailer the machine to said location. The employee
responsible for the operation of the Bobcat reports directly to their machine—they do not report to
"the shop" and then travel their place of work. Barrett Lawn Care has off site storage in Montgomery
MN. This is used for"off season"equipment(winter equipment is stored there in the summer,and visa-
versa for summer equipment during the winter). Only the equipment for the current season is on the
property at any given time. Summer hours of operation are from 7 AM to 5 PM. All summer equipment
is loaded in enclosed trailers,or open trailers in the shop. After all employees are punched in at 7 AM,
the truck is started and travels to the first destination. Generally, minimal equipment is started and
moved in the morning;all trailers are prepared the night before. During winter,the hours are
determined by snowfall. Work begins 1 hour after cessation of snow. In a similar manner to summer,
most trucks are loaded before the snow begins. We have back up alarms on our 3 larger trucks(by law).
The reverse alarms on the Bobcats are not utilized while on Barrett Lawn Care property.
Noise:
Reasonable care is taken to minimize the amount of noise(vehicles, Bobcats)generated during business
operations. Residential neighbors who work"day jobs"(Charlie Degidio,7525 Aldrich,and Patrick&
Allison Haus,7529 Aldrich) located directiv behind our property have no complaints regarding noise
during operations that may occur at night during snow removal operations. A residential neighbor who
works a "night job" (Leah Leonard 7520 Aldrich) located across Aldrich from our property has no
complaints regarding noise during operations that occur during daytime business hours. During new
employee orientation and every training meeting the staff at Barrett Lawn Care is reminded that this
property shares a neighborhood with residences and to respectful as if it were their home on the other
side of the alley. Occasionally the neighbors located behind our building have used our parking lot
during non-business hours.
Additional points worth noting:
Barrett Lawn Care is very involved in the Richfield community. In 2014, 62%of revenue generated has a
link to Richfield. The 7 mile water stop for the Richfield Urban%Marathon is sponsored by Barrett Lawn
Care. Eric Barrett is a judge for the Good Neighbor Garden Tour, and Laura Barrett is on the Richfield
Chamber of Commerce Board of Directors and on the advisory committee for the MN College of
Business—Richfield Campus.
7524-28 Lyndale Ave - SP 6/2015
Surrounding Zoning
MR-3
75TH STREET
R R MR-3
R G2
R R R-3
R R
R G2
R R W
M -3
R R Q R C-2
R R V R C-2 G2 R W
R R � R W Q ---
� C-2 ' R
J
R R Q R C-2 W C-2 W
R R J
R LL,
R R R C_2 � �
R R Z C2 R �
- J
76TH STREET h�
�
R
PC-2 PC-2
C-2 -General Commercial Feet
PC-2 - Planned General Commercial 0 100 200 400 600 800
MR-3 - High Density Multi-Family Residential
R- Single Family Residential N
I:\GIS\Community Development\StafflPlanning Tech\Projects\7524-28 Lyndale Ave(Barret Lawncare) -Z.mxd
7524-28 Lyndale Ave - SP 6/2015
Surrounding Comprehensive Plan
MHD
75TH STREET
LDR LDR MHD
-- R LDR CC
LDR LDR
MHD
LDR LDR
LDR CC
LDR LDR W
M D
LDR LDR Q LDR CC
LDR LDR U LDR CC CCO CCO W
LDR LDR � LDR W Q -
� CC
LDR LDR Q LDR CC Q CCO CCO �
LDR LDR LD J W
Q CCO �y
LDR LDR DR �
CC ---
LDR LDR � CCO CCO �
�� J --
76TH STREET �
LDR
CCO CCO ----
CC- Community Commercial Feet
CCO- Community Commercial/Office 0 100 200 400 600 800
MHD - Medium-High Density Residential
LDR- Low Density Residential N
I:\GIS\Community Development\StafflPlanning Tech\Projects\7524-28 Lyndale Ave (Barret Lawncare) -CP.mxd
AGENDA SECTION: OTHER BUSINESS
AGENDA ITEM# 9.
� STAFF REPORT NO. 90
� , � . CITY COUNCFL MEETING
,
6/9/2015
��
REPORT PREPARED BY: Elizabeth Finnegan, Civil Engineer
DEPARTMENT DIRECTOR REVIEW: Kristin Asher,Acting Public Works Director
6/2/2015
OTHER DEPARTMENT REVIEW: None
CITY MANAGER REVIEW: Steven L. Devich
6/3/2015
ITEM FOR COUNCIL CONSIDERATION:
Consideration of:
1. Award of contract for the Portland Avenue Reconstruction Project(67th Street to 77th
Street).
2. Authorization for the City Manager to approve changes in the construction contract up
to$100,000.
3. Proposal for Kimley Horn 8�Associates to provide construction engineering services.
EXECUTIVE SUMMARY:
Consistent with City Council direction, the Capital Improvement Plan, and the City's Comprehensive
Plan, staff is working towards the reconstruction of Portland Avenue from 67th to 77th Street.
In 2012, the City was awarded a federal grant for the reconstruction of Portland Avenue in 2015.
A public involvement process was conducted, starting in 2013, which lead to City Council approval of the
preliminary layout(Concept 2) at their April 22, 2014 meeting. The approved layout included:
• three-lane section for vehicular traffic;
• on-street bike lanes;
• green boulevards;
• concrete sidewalk on the west side of the street; and
• multi-use trail on the east side of the street.
Final plans were developed by Kimley Horn &Associates and were approved by City Council at the
March 24, 2015 meeting.
An ad for bid was placed in the Richfield Sun Current on May 7th and May 14th, 2015. Bids for
construction were opened on May 28, 2015. S.M. Hentges and Sons, Inc. was the lowest responsible bidder
(bid tabulation attached).
The engineering firm of Kimley Horn &Associates has submitted a proposal to provide the construction
engineering services for the Portland Avenue Reconstruction Project in an amount not to exceed $508,320.
RECOMMENDED ACTION:
By Motion:
1. Accept the bid minutes/tabulation and award contract to S.M. Hentges 8� Sons, Inc. in the
amount of$6,893,975.08.
2. Authorize the City Manager to approve contract changes under$100,000 without further City
Council authorization.
3. Approve hiring of Kimtey Horn 8�Associates to perform Construction Engineering Services for
the Portland Avenue Reconstruction Project for a fee not to exceed $508,320.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
• In 2012, the City was awarded a federal grant for the reconstruction of Portland Avenue to be
used in 2015.
• The City Council approved the ordering of the project on January 8, 2013.
• Plans and specifications were completed by Kimley Horn &Associates for the reconstruction of
Portland Avenue.
• Advertisement for Bids was published on May 7 and May 14, 2015.
• S.M Hentges and Sons, Inc. was the lowest responsible bidder.
B. POLICIES (resolutions. ordinances, reaulations,statutes, etcl:
• The project is identified in the City's Capital Improvement Program and Five-Year Street
Reconstruction Plan.
• Council approval is required for expenditures over$100,000.
• All contracts over$100,000 required sealed bids to be solicited by public notice.
C. CRITICAL TIMING ISSUES:
• The acceptance of the bid tabulation and the award of contract will allow construction to stay on
schedule to begin in 2015.
D. FINANCIAL IMPACT:
• One bid was received for construction; the bid was$6,893,975.08
• The Engineer's Opinion of Cost for construction was$6,317,250, the bid is within 10% of the
engineers opinion of cost. Around the Twin Cities, similar road projects have seen bids 25% or
more above the engineers estimate in 2015.
• Construction engineering service provided by Kimley Horn &Associates is for a fee not to exceed
$508,320.
• The total cost of the project(including construction and construction services) is estimated to be
$9.6 million. The project will be funded by:
� Street Reconstruction Bonds($3,400,000)
� State Gas Tax Fund (MSA) or Utility Funds ($1,500,000)
� Federal Grant ($3,750,000)
� Hennepin County Funds ($750,000)
� Xcel Utility Rate Payers-CRFS ($200,000)
E. LEGAL CONSIDERATION:
• The City Attorney will be available to answer questions.
ALTERNATIVE RECOMMENDATION(Sl:
The Council may postpone the award of the contract and direct staff on how to proceed. However, the use
of Federal funds requires the contract be awarded this year.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description Type
o Bid Tabulation Cover Memo
� Hentges Contract Cover Memo
o Kimley Horn Scope of Services Cover Memo
CITY OF RICHFIELD, MINNESOTA
Bid Opening
May 28, 2015
10:30 a.m.
Portland Avenue Reconstruction Project
Bid No. 15-05
Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Elizabeth VanHoose, City
Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for the Portland Avenue
Reconstruction Project, as advertised in the official newspaper on May 7 and May 14, 2015.
Present: Elizabeth VanHoose, City Clerk
Liz Finnegan, Civil Engineer
Cheryl Krumholz, City Manager Representative
The following bids were submitted and read aloud:
Foreign Responsible Addendum
Bidder's Name Bid Non- Iron or Contractor Form CM- Nos. 1-3 Total Base Bid
Bond Collusion Steel Certificate 21126D 3234 Received
Sti ulation
SM Hentges& Sons Yes Yes Yes Yes Yes Yes Yes $ 6,893,975.08
The City Clerk announced that the bids would be tabulated and considered at the June 9, 2015 City Council Meeting.
Elizabeth VanHoose City Clerk
CITY OF RICHFIELD
HENNEPIN COUNTY, MINNESOTA
CONTRACT FOR MUNICIPAL CONSTRUCTION
City Project No.41008
Contract No.2809
Bid No. 15-05
Class of Work: Street, Underground Utility, Landscaping,and Lighting
THIS AGREEMENT is made this 9th day of June, 2015, between the City of Richfield, Minnesota, acting by
and through its Mayor and City Manager("City") and S.M. Hentges&Sons, Inc. ("Contractor").
1. Contract Price. The Contractor, in consideration of the payment of the contract price — Six
Million Eight Hundred Ninety Three Thousand Nine Hundred Seventy Five Dollars and Eight
Cents ($6,893,975.08)—will furnish all materials(except such as are specified to be furnished by
the City, if any), all necessary tools and equipment, and do and perform all the necessary work
and labor for the full completion of the City Project: Portland Reconstruction Project
("Project").
2. Compliance with Plans. Contractor shall complete the Project as shown in the approved plans,
specifications and special provisions (collectively, "Plans") that are on file in the office of the
City's Public Works Department. The Plans are attached and are made a part of this Agreement.
Contractor agrees that all work shall be done and performed in the best and most proficient
manner and that all materials and labor shall be in strict conformity with the Plans for the
Project. All work is subject to inspection and approval by the City Engineer, or her authorized
designee. If the City rejects any material or labor as defective or unsuitable,then the Contractor
must remove the rejected materials and replace it with material approved by the City Engineer,
at the cost of the Contractor. The Contractor must also perform anew any rejected labor to the
satisfaction and approval of the City Engineer, or her designee, at the cost and expense of the
Contractor.
3. Commencement and Completion of Work. The Contractor further agrees that it will commence
work as soon after the Pre-Construction Meeting and as appropriate permits have been
obtained, and will have all work done and the improvement fully completed to the satisfaction
and approval of the City Council of the City of Richfield, Minnesota, on or before June 30, 2016.
4. DelaYS and Liquidated Dama�es. Time is of the essence for completion of the Project. If the
Contractor fails to complete the Project within the time herein specified, the City shall have the
right to deduct from the unpaid part of the contract price, liquidated damages (it being
1
impossible to determine the actual damages occasioned by the delay) of $1,500 for each
calendar day of delay, until the work is completed.
Upon receipt of written notice from the Contractor that there will be delay in completion of the
Project, the City may in its discretion extend the date for completion. In such case, the
Contractor shall become liable for liquidated damages only for failure to perform within the
time so extended.
If delays are caused by the weather, labor strikes or other factors not caused by Contractor and
Contractor cannot provide written notice as described above, then the City may also in its
discretion excuse such delays and extend the date for completion.
5. Claims for Extra Work or Materials. Contractor shall not do any work or furnish any materials
not covered by the Plans and this Agreement, unless such work or materials is first ordered in
writing and approved in writing by the City. If Contractor performs such extra work or provides
additional materials without the required written order and approval, the additional costs shall
be borne by Contractor.
6. Citv Not Liable. The City, including its Council, employees and agents, shall not be liable or
responsible in any manner to the Contractor, its subcontractors, materialmen, laborers or any
other person for any claim, demand, damages, actions, or causes of action of any kind arising
out of this Agreement or the performance and completion of the Project described herein.
Dated at Richfield, Minnesota,this 9th day of 1une,2015.
Signatures for: S.M. Hentges&Sons, Inc.(Contractor)
By
Its
Signatures for: CITY OF RICHFIELD, MINNESOTA(City)
By
Its Citv Mana�er,Steven L. Devich
By
Its Mavor, Debbie Goettel
2
Kimley>>>Horn
June 2,2015 �
Suite 238N
2550 University Avenue
St.Paul,Minnesota
Ms.Kristin Asher,P.E. 55114
City Engineer
City of Richf eld
1901 E 66�'Street
Richfield,MN 55423
Re: Portland Avenue(CSAH 35)Improvements-67tb Street to 77�h Street
Proposal for Construction Phase Services
Dear Kristin,
Thank you for the opportunity to submit this proposal for construction phase
services for the Portland Avenue Improvements project. We understand that the
primary objective of this scope is to provide assistance to the City of Richfield in
providing construction observation,administration,staking,and materials testing
services for the reconstruction of Portland Avenue between 67�'Street and 77�'
Street.
Proiect Understanding
The City of Richfield has received Federal STP-UG funding for improvements to
Portland Avenue(CSAH 35) from 67'�'Street to 77�'Street. The City has
requested that Kimley-Horn provide a Scope of Services for construction
observation,administration,staking,and materials testing services for the
Portland Avenue project. The project will adhere to Minnesota Department of
Transportation(MnDOT) State Aid standards for Federal Aid projects.
Scone of Services
The following is a summary of our proposed Scope of Services for the project.
Construction Phase Services
Kimley-Horn will provide construction phase services for the project as detailed
below. For the purposes of this contract,we have assumed the following
construction schedule:
Construction Start July 6,2015
Construction Complete June 30,2016
We have assumed that this will include the following number of construction
weeks:
■
TEL 651 645 4197
FAX 651 645 5116
Kimley>>>Horn Pg.2
2015 Construction Year 20 weeks
2016 Construction Year 13 weeks
Total 33 weeks
A. Construction Observation
We will provide full-time construction observation for the duration of the 33
week construction schedule. We have assumed one(1)full-time observer at 45
hours/week for 33 weeks and one(1)part-time observer for 20 hours/week for 15
weeks. The need for a second part-time observer will be dependent on the
contractor's schedule and operations.The construction observation tasks will
include the following:
• Provide construction observation for roadway,utility,trail,traffic signal,
underpass,retaining wall,and landscape improvements.
• Act as the first point of contact for City staff to provide construction
updates and address property owner issues.
• Act as the City's liaison to other agencies during the project construction.
• Act as the City's liaison to property owners during the project
construction.
• Complete daily reports of construction activities.
• Complete IRA logs for quantities on a daily basis.
• Maintain construction paperwork documentation consistent with
MnDOT Federal Aid standards.
• Review certified payroll reports and conduct contractor staff interviews.
• Assist in coordinating private utility relocations with the
contractor.
• Attend weekly construction meetings on the proj ect site.
B. Construction Administration
Construction administration tasks will include the following:
• We will coordinate with MnDOT on the review and approval of the low
bid. We will review the contract and insurance documents prepared by
the contractor prior to the City award of the contract.
• We will provide overall project management for the duration of the 33
week construction schedule.
• We will provide a part-time construction project engineer for the
duration of the project construction. The construction project engineer
duties will include the following:
o Facilitate the pre-construction meeting
o Facilitate weekly construction meetings
o Review extra work requests and prepare change order documentation
o Prepare partial payment applications for submittal to City staff for
processing
o Coordinate with agencies during construction
Kimley>>>Horn Pg•3
• We will provide design team support during construction. We have
assumed the following efforts for the design team:
o Roadway Engineer—40 hours
o Utility Engineer—20 hours
o Drainage Engineer—20 hours
o Traffic Engineer—40 hours
o Lighting Engineer—10 hours
o Landscape Architect—20 hours
� We will coordinate the review of contractor submittals during the project
construction. We have assumed the following shop drawings/submittals
will need to be reviewed.
o Storm Sewer Structures
o Landscape Materials
o Modular Block Retaining Walls
o Water Main
o Sanitary Sewer
o Bituminous
o Concrete Mix Designs
o Traffic Control
• Upon completion of the project,we will prepare as-built drawings.
• We will assist City staff with the final project closeout. This task will
include submittals to MnDOT for final acceptance of the proj ect.
C. Construction Staking
We will provide construction staking services for the project. All construction
staking will be provided by a Kimley-Horn subconsultant,Pioneer Engineering.
D. Construction Materials Testing
We will provide construction materials testing for the project. All construction
materials testing services will be performed by a Kimley-Horn subconsultant,
Braun Intertec.
Estimated Costs
KHA will provide the Scope of Services identified above on an hourly labor fee
plus expense basis. The following is a summary of our estimated fees and
expenses.
Work Task Estimated Cost
A. Construction Observation $ 272,250
B. Construction Administration $ 70,070
C. Construction Staking $ 75,000
D. Construction Materials Testing 70 000
Total Estimated Fees $ 487,320
Reimbursable Expenses $ 21,000
Total Estimated Fees and Expenses $ 508,320
Kimley>>>Horn PB•4
A more detailed summary of our estimated hours and costs for the construction
phase services is provided on the attached spreadsheet. Labor fee will be billed
according to our current standard hourly rate schedule. Reimbursable expenses
(copy/printing charges,plotting,mileage,delivery charges,etc.)will be charged
as an office expense at 6.0%of the labor fee.
Our total estimated cost for the Scope of Services included as a part of this
proposal is,therefore, $508,320 including all labor and reimbursable expenses.
We appreciate the opportunity to submit this proposal and look forward to work
with you on this project. Please feel free to contact us if you have any questions.
Sincerely,
KIMLEY-HORN AND ASSOCIATES,INC.
William C. Klingbeil,P.E. Jon B.Horn,P.E.
Project Manager Senior Vice President
Copy: Project File