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05-27-08 Agenda
• - CITY OF RICHFIELD, MINNESOTA TUESDAY, MAY 27, .2008 _ SPECIAL CITY COUNCIL WORKSESSION COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. AGENDA Call to order Roll call 5:30 - 6:15 p.m. 1. Discussion regarding Penn Corridor moratorium Notes: • Adjournment SPECIAL CONCURRENT CITY COUNCIL/HOUSING AND REDEVELOPMENT AUTHORITY/PLANNING COMMISSION WORKSESSION COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:15 P.M. AGENDA Call to order Roll call. 6:15- 6:50 p. m. 1. Discussion regarding Penn Crossing revitalization study Notes: • Adjournment • REGULAR CITY COUNCIL MEETING . COUNCIL CHAMBERS 6700 PORTLAND AVENUE 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Worksession of May 13, 2008; (2) Special City Council and Housing and Redevelopment Authority Worksession of May 13, 2008; (3) Regular City Council Meeting of May 13, 2008; and (4) Special City Council Meeting of May 14, 2008 PRESENTATIONS 1. Recognition of Richfield girls traveling softball team sponsored by Cornerstone 2. Presentation by Richfield Historical Society regarding history book, Richfield - Minnesota's Oldest Suburb 3. Presentation of Richfield Tourism Promotion Board, Inc. financial report for year ended December 31, 2007 4. Latino Community Advisory Council .Annual Report (Council Memo No. 86) 5. Presentation regarding Richfield's Urban Wildland Half Marathon & 5K 6. Presentation of Government Finance Officers Association Distinguished Budget Presentation Award to Finance Manager, Chris Regis (Council Memo No. 87) •COUNCIL DISCUSSION 7. Council discussion • Hats Off To Hometown Hits Notes: AGENDA APPROVAL 8. Council approval of agenda CONSENT CALENDAR 9. 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 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 approval of resolution adopting Richfield City Council Rules of Procedure and Decorum S.R. No. 125 • B. Consideration of approval of resolution relating to traffic control signs "No Parking Any Time" on both sides of Lyndale Avenue; I-494/Lyndale Avenue bridge project S.R. No. 126 C. Consideration of approval of resolution amending 2007-08 labor agreement designating increase iri City's contribution toward health insurance premiums for Law Enforcement Labor Services, Local 123 S.R. No. 127- D. Consideration of approval of amendment to commercial lease with ,Minnesota Department of Transportation and amendment of license agreement with Transmission Shop, Inc., for parking lot at Cedar Avenue and Diagonal Boulevard S.R. No. 128- E. Consideration of approval of environmental response fund grant agreement between City of Richfield and Hennepin County Department of Environmental Services S.R. No. 129 F. Consideration of approval of purchase of Advance sweeper/scrubber from Forklifts of Minnesota for use by garage maintenance division in amount of $39,127 plus tax S.R. No. 130 G. Consideration of approval of purchase of new Reactor Mixer from Lightnin~Mixers and Aerators for water treatment plant in amount of $40,200 S.R. No. 131. Notes: 10. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARING 'I 1. Public hearing and second reading of transitory ordinance authorizing sale of 7316 Clinton Avenue to HRA for affordable new home development Staff Report No. 132 Notes: PROPOSED ORDINANCES 12. Consideration of first reading of ordinance amending Section 930 of Richfield City Code relating to regulation of noise and scheduling second reading for June 10; 2008 Staff Report No. 133. Notes: 13. Consideration of second reading of ordinance amendment establishing regulations for storage of oversize vehicles in residential districts and resolution authorizing summary publication Staff Report No. 134 Notes: 14. Consideration of second reading of amendments to Richfield City Code Subsections 514.14, Subd. 3; 518.15 Subd. 3; and 522.15 Subd. 4 to require construction of one- cargarage for all new single-family homes and two-car garage for all new single-family homes over 1,200 square feet Staff .Report No. 135 Notes: 15. Consideration of second reading of ordinance incorporating 2004 Minneapolis-St. Paul International Airport zoning ordinance requirements; amending Richfield City Code Subsection 512.01; Subd. 1, Subsection 512.03, adding new Subsection 512.13, and amending Appendix 1 by adding new Section 18; and resolution authorizing summary publication of ordinance Staff Report No. 136 Notes: CITY MANAGER'S REPORT 16. City Manager's report • July 4, 2008 parade route Notes: 17. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: 18. 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. • • AGENDA SECTION: CONSENT AGENDA ITEM # 9A REPORT # 1 7 5 STAFF REPORT CITY COUNCIL MEETING MAY 27, 2008 REPORT PREPARED BY: REVIEWED BY CITY MANAGER: HEINE, CITY ATTORNEY ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution adopting City Council Rules of Procedure and Decorum. I. RECOMMENDED ACTION: By Motion: Approve the resolution adopting City Council Rules of Procedure and Decorum. II. BACKGROUND The Richfield City Council Rules of Procedure and Decorum were approved by the City Council on July 23, 2001. Discussion at Special City Council Worksessions on April 22 and May 13, 2008, the City Council.consensus was to amend the Open Forum (Subd.9(b) of the City Council Rules of Procedure and Decorum to permit cablecasting. The proposed resolution would re-adopt the existing rules, with Open Forum modifications. If the City Council approves theresolution, cablecasting of the Open Forum will begin at the June 1,0 Regular City Council meeting. • III. BASIS OF RECOMMENDATION A. POLICY • The City Charter provides that the Council, by resolution, may set their Rules of Procedure and Decorum. B. CRITICAL ISSUES 0527Rules • The attached Rules of Procedure and Decorum have been revised to reflect the Council's request regarding the Open Forum process at Regular City Council meetings. C. FINANCIAL • N/A D. LEGAL • None. E. ENVIlZONMENTAL CONSIDERATIONS • N/A. IV. ALTERNATIVE RECOMMENDATION~S~ • Revise the Rules of Procedure and Decorum as appropriate. • .Defer action on this matter to a future City Council meeting. V. ATTACHMENTS • Resolution. Rules of Procedure and Decorum VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • ~A- • RESOLUTION NO. RESOLUTION ADOPTING RULES OF PROCEDURE AND DECORUM FOR CITY COUNCIL MEETINGS . WHEREAS, it is appropriate for the City Council to establish rules of procedure and decorum for council meetings and Board and Commission meetings; and WHEREAS, the Richfield City Code, section 205.13, subd. 2(c) provides that the City Council may adopt such special rules by ordinance or resolution from time to time as necessary; and WHEREAS, the City Council has determined that it is appropriate to adopt these special rules of procedure and deconam. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Richfield, as follows: 1. The attached rules of procedure and decorum are hereby established. 2. -These rules shall remain in effect until modified by resolution of the City Council. This resolution supercedes Resolution No. 9927. 3. These rules shall be interpreted, wherever possible, so as to be consistent with • the rules set forth in the City Code. In the case of any irreconcilable conflict between these rules and the rules in the City Code, .the rules in the City Code shall prevail Adopted by the City Council of the City of Richfield this 27th day of May 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • ~~ • RICHFIELD CITY COUNCIL RULES OF PROCEDURE AND DECORUM SECTION 1. PURPOSE Subd. 1. General. It is recognized that in order to enhance the concept of effective and democratic government, it is essential that a legislative body establish formal rules of procedure and decorum so that a true deliberative process will be observed and not disturbed. SECTION 2. GENERAL Subd. 1. Law. The City Charter, Ordinances and State Statutes governing the City Council shall be followed and supplemented by the Rules of Procedure and Decorum of the City Council Subd. 2. General Rules. In all matters of parliamentary procedures, the Council shall be governed by the latest printed edition of the STURGIS STANDARD CODE OF PARLIAMENTARY PROCEDURE as published from time to time except as modified by these rules and the rules set forth in Section 205 of the City Code. SECTION 3. COUNCIL MEETINGS Subd. 1. Regular Meetings. Regular meetings of the Council shall be held, without necessity for notice, every second and fourth Tuesday commencing at 7:00 p.m. in the City Council Chambers, 6700 Portland Avenue, Richfield, Minnesota. Subd. 2. Other Locations. The Council may, from time to time, elect to meet at other locations within and outside the City and upon such election shall give public notice of the change of location in accordance with State law and the City Charter. Subd. 3. Location During Local Emergency. If, by reason of emergency, it shall be unsafe to meet in the City Hall,. the meetings may be held for the duration of the emergency at such other place as may be designated by the Mayor or designate. Subd. 4. Special Meetings. The Mayor or any two members of the Council may call a special meeting of the Council upon at least 12 hours written notice to each member of the Council. The notice shall be delivered personally to each member or shall be left at the Council Member's usual place of residence with some responsible person. Special meeting notices will not be published, but will be posted at City Hall, the Hennepin County Library located within the City and the City's Community Center. SECTION 4. PRESIDING OFFICER Subd. 1. Who Presides. The Mayor shall preside at all meetings of the Council. In • the absence of the Mayor, the Mayor Pro Tem shall preside. The presiding officer shall have the power to preserve strict order and decorum at meetings, enforce the rules of procedure, and determine without debate, subject to the final. decision of the Council on appeal, all questions of procedure and order. /'~~ Subd. 2. .Appeal of the Ruling of the Presiding Officer. Any member of the Council may appeal from a ruling of the presiding officer. If the appeal is . ° seconded, the member may speak once solely on the question involved and the presiding officer may explain the. ruling, but no other Council Member shall participate in the discussion. The appeal shall be sustained - if if is approved by a majority vote. Subd. 3. Rights of the .Presiding Officer. The presiding officer may speak on any question and make motions and second motions. SECTION 5. AGENDA Subd. 1. Matters for Consideration. Matters for Council action shall be submitted by members of the Council and residents to the City Manager. Subd. 2. Preparation. An agenda of business for each regular meeting shall be prepared in the office of the City Manager and completed by 4:30 p.m. on the Friday preceding a meeting. Copies thereof delivered to each Council Member as far in advance of the meeting as time for preparation will permit. Subd. 3. Order of Business at Regular Meetings. At the hour appointed for the regular meeting of the City Council, the meeting shall be called to order by the presiding officer. If a quorum is present; the City Council shall then proceed with its business in the following manner: (a) approval of minutes of previous meeting ~ (b> (d) (e) (fl (g) (h) (i) U) Subd. 4. Vai bu: presentations Council discussion agenda approval consent calendar public hearings .proposed ordinances resolutions City Manager's report other business wing Order of Business. The presiding officer may vary the order of >iness. Subd. 5. Minutes. Subdivision 1. Approval of Minutes. The clerk shall provide a printed copy of the minutes of each meeting to each Council Member as soon as possible-after each meeting. If such printed copies have' been distributed to Council Members in advance of the next regular meeting of the Council the minutes may be approved without verbatim reading. Amendments or corrections proposed by any member of the Council shall be made by the clerk, but no amendment to which objection is raised by any member shall be made without the approval of a .majority of the Council Subd. 2. General Contents of Minutes. The clerk shall record all material matters considered by the Council in the minutes. Minutes shall be summary minutes. Ordinances, resolutions, communications and claims considered by the Council need not be recorded in full in the minutes if they appear in other permanent records of the clerk and can be accurately identified from the description given in the minutes. The Council may in its discretion direct that any one of the above be fully set out in the minutes. 9A~`~ Subd. 6. .Consent Agenda.. In the preparation of the agenda for a meeting, the City • Manager may place certain items of business on a consent calendar. A member of the Council wishing to remove any item from the consent calendar may do so at the time that the consent calendar is reached on the general Council agenda. Any item removed from the consent calendar shall become one of the regular agenda items of the meeting.: All items not so removed from the consent calendar may be passed by a single, non-debatable motion. Matters proposed by the City Manager for the consent agenda shall be those that the Manager deems to be of a routine, non-controversial nature. Subd. 7. Items Not on the. Agenda. The Council may consider items not appearing on the agenda as normal business if a Council Member does not raise an objection. If a Council Member raises an objection, a vote of the majority of the Council Members present shall determine the appropriateness of further consideration of the matter at that time. The Council may not take action on any item that requires public notice or hearing. Subd. 8. , Presentation of Agenda Item. The City Manager shall introduce each agenda item, unless done so by a Council Member, followed by the presiding officer's opening of the item for Council discussion. Oral summaries of Staff Reports on agenda items will not be given, but the City Manager and appropriate staff will stand for questions and clarification on items. Subd. 9. Public Participation. Members of the public may address the City Council during: (a) Public hearings. (b) -Open Forum. Prior to the commencement of the official business of the Council at regularly scheduled Council meetings (7:00 p.m. to 7:15 p.m.), members of the public will be afforded the opportunity to address the Council on City business and items that are not on the meeting's agenda. Open Forum will be limited to a total of 15 minutes and each speaker will be limited to 3 minutes. Individuals will not be permitted to give their time to others. All persons wishing to speak during the Open Foram may register either with the City Manager's office no later than 4:00 p.m. on the day of the regularly scheduled Council meeting or by completing an Open Forum registration card and returning it to a staff member. Registration shall include their name, address and the topic on which they wish to speak. Staff will. provide a list of the Open Forum speakers to the presiding officer at the start of each Open Forum. Those who registered with the City Manager's office will be allowed to speak first, followed by those completing the registration card, and then by members of the audience wishing to speak. If there are more people registered than time allows, the Council may, after a majority vote of the City Council, provide a second .Open Forum limited to a total of 15 minutes directly before the ~~~~ adjournment of the meeting. Speakers will be restricted to 3 minutes each. From the dais. the oresidina officer will have the ability to co ntro me Speakers will not be permitted to make direct or inferred comments on personality conflicts with City Council, commission or staff members and speakers who make personal attacks, campaign endorsements or campaign statements will lose the opportunity of addressing -the Council in Open Forum. City Council will not take official action on items discussed during -Open Forum, except to refer items to staff or commission for future report. Council Members may ask questions for clarification purposes, but they may wish to investigate or research issues before responding. City Council or staff members will respond at a later date by letter, telephone or in person. The Open Forum shall xwt be videotaped or cablecast. (c) Specific issues scheduled on the agenda, other than public hearings, if no Council Member raises an objection. If a Council Member raises an objection, a vote of the majority of Council Members present shall determine the appropriateness of • accepting public comment on the. matter under consideration. (d) Items coming before the Council from the Planning Commission, HRA and other boards and commissions that do not require a public hearing may, by a majority vote of the Council, be the subject for public discussion. SECTION 6. VOTING Subd. 1. Procedure. The .votes of the members on any ordinance, resolution or motion pending before the Council shall be by voice vote, unless the Mayor or any Council Member requests that a roll. call vote be taken. The presiding officer shall call for a roll call vote whenever a voice vote of the Council is not clear as to the disposition of the action before the Council. Subd. 2. Voting Order for Roll Call. The clerk shall call for the vote in consecutive order of wards. The presiding officer shall always vote last. Subd. 3. Discussion Prior to the Vote Prior to the Vote on Any Agenda Item or Council Action Requiring a Vote. Council Members are encouraged to publicly express their reasons for the vote that they will cast on any issue before the Council requires a Council vote. Subd. 4. Excused From Voting. A Council Member maybe excused from voting on a matter properly before the Council only,with the unanimous consent of . the other members present, unless the member is required by law to abstain from voting. The Council Member must announce the member's intention to abstain prior to the vote being taken. The clerk shall record the abstention as "Abstain-name." SECTION 7. RULES OF DECORUM ~~~ ~ • Subd. 1. Council. While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member.while speaking or refuse to obey the orders of the presiding officer. Subd. 2. Recognition. Members of the Council shall first be .recognized by the presiding officer prior to addressing any other Council member, staff or member of the public. First names will not be used to address Council Members, staff or members of the public. Subd. 3. Discussion. At the request of any Council Member or the Mayor, Council discussion shall be limited as provided in this subdivision. When the rules of this subdivision are invoked, no member of the Council shall speak more than twice on any question, nor more than five minutes each time without consent of the Council Subd. 4. Staff.. Members of the City staff shall observe the same rules of order and decorum as are applicable to the City Council Subd. 5. Pertinent to Matter Under Debate. Members of the Council, staff and public shall confine remarks to the matter under debate. Subd. 6. Addressing the Council. Each member of the public addressing the Council shall step up to the. microphone provided for the use of the public and after being recognized by the presiding officer give his/her name and • address in an audible tone of voice for the records, state the subject to be discussed, and state who the speaker is representing if representing an organization or other persons. All remarks shall be addressed to the Council as a whole .and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without permission of the presiding officer. No question may be asked a Council Member or a member of the staff without the permission of the presiding officer. The .presiding officer may impose athree-minute time limit. on remarks by speakers, whenever in the presiding officer's judgment, a time limit is necessary in order to expedite the progress of the meeting or ensure the opportunity for other speakers to be heard. The City Council may by majority vote extend the time limit imposed by the presiding officer. Subd. 7. Spokesman for Group of Persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject. matter, it shall be proper for the presiding officer to request that a spokesperson be chosen by the group to address the Council and, in case additional matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council. • Subd. 8. After Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing the permission to do so by a majority vote of the City Council. ~~ Subd. 9. Conduct. Any member of the Council, staff or person indulging in personal attacks or_making impertinent, slanderous, or profane remarks or who willfully utters loud,. threatening or abusive language, or engages in any disorderly conduct which would impede, disrupt, or disturb the orderly conduct of any meeting, hearing or other proceeding, shall be called to order by the presiding officer and, if such conduct continues, may at the discretion of the presiding officer, be ordered barred from further audience before the Council during that meeting. Subd. 10. Members of the Audience. No person in the audience shall engage in. disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting. If, after being cautioned. to cease and desists from such behavior, the behavior continues, the presiding officer may call a recess until such time that the members of the audience refrain from such conduct. SECTION 8. ENFORCEMENTS OF DECORUM Subd. 1. Warning. All persons shall, at the .request of the presiding officer, be silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, said officer may order the person removed from the meeting. If the person .does not remove himself/herself, the presiding officer may order that the Sergeant-at-Arms remove the person. Subd. 2. Sergeant-at-Arms. The Public Safety Director, or such member or members of the Police Department, shall be Sergeant-at-Arms of the Council meetings. The Public Safety Director or such member or members of the Police Department shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the presiding officer it shall be the duty of the Sergeant-at-Arms to remove from the meeting any person who intentionally disturbs the proceedings of the Council. Subd. 3. Resisting Removal. Any person who resists removal by the Sergeant-at- Arms may be charged with violating City ordinance. Subd. 4. Motions to Enforce. Any Council Member may move to require the presiding officer to enforce these rules and the affirmative vote of a majority of the Council shall require the presiding officer to do so. Subd. 5. Adioumment. In the event that any meeting is willfully disturbed by a .person or group of persons so as .that orderly conduct of the meeting is not~feasible, and when order cannot be restored by the removal of individuals who are creating the disturbance; the meeting may be adjourned with the remaining business considered at the next regular meeting or at a special meeting called by the presiding officer. SECTION 9. WORKSESSION MEETINGS Subd. 1. General. Worksession meetings of the City Council may be held at the call of the Mayor. No official Council action will be taken at Worksession meetings. . ~~-8 Subd. 2. Rules of Procedure and Decorum. The Rules of Procedure and Decorum of the City Council shall be observed in Worksessions so far as they are applicable.. Subd. 3. Audio Recording of Worksessions. All Council Worksessions shall be audio taped and maintained in the same manner used for recording and maintaining audio tapes for regular meetings of the Council. SECTION 10. CAMERA AND RECORDING DEVICES Subd. 1. Use of Cameras and Recording Devices Limited. Cameras, including television and motion picture cameras, electronic sound recording devices and any other mechanical, electrical or electronic recording devices may be used in the Council Chamber, but only in such a manner as will cause a minimum of interFerence with or disturbance of the proceeding of the Council. SECTION 11. SEPARABILITY Subd. 1. General. If any section, subdivision, sentence, clause, phrase or portion of these Rules of Procedure and Decorum is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distincf and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION 12. ITEMS PRESENTED TO COUNCIL • Subd. 1. General. Any and all written materials, documents and other materials presented to the City Council at a Regular, Special or Worksession meeting including but not limited to maps, models, pictures and drawings shall become the property of the City. SECTION 13. ORDINANCES AND RESOLUTIONS Subd. 1. Introduction and Adoption. All. legislation of the City shall be by ordinance. Ordinances, resolutions and other matters requiring Council action shall be .introduced by a member of the Council. The Manager may present ordinances, resolutions and other matters for consideration. Subd. 2. Readings. Every ordinance shall receive two readings before the Council prior to final adoption. An ordinance need not be read in full unless a member of the Council. requests such a reading. Subd. 3. Emergency Ordinances.- An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health and morals, safety, or welfare in which the emergency is defined and declared in the preamble. An emergency ordinance must be adopted. by the unanimous vote of the Council Members present. Subd. 4. Amendments. Amendments may be made o a proposed ordinance after either its first or second reading. • Subd. 5. City Charter Provisions. The procedure for the adoption of ordinances and resolutions shall conform to the requirements of the Charter. Subd. 6. Public Hearing Requirements. Public hearings will be held only for those matters required by State law or City Charter. ~~~~ • SECTION 14. ATTENDANCE AT COUNCIL MEETINGS Subd. 1. Attendance at Council Meetings. Attendance of Council Members at meetings is one of the most important duties imposed by law on members. Member presence to participate in the hearings, delib- erations and decisions of the Council is essential to the proper discharge of the member's official duties. Recognizing that it is not always possible for a member to be present at all meetings, and that by reason of business demands, state of health, personal problems, vacations and other matters occasional absences are excusable, the following rules apply to absences of Council Members from meetings when invoked by resolution of the Council: (a) such rules shall remain in effect until the, end of the calendar year during which the resolution is passed unless revoked prior to that time by resolution of the Council; (b) unless excused by a majority of the City Council, a member of the Council may not be absent from any regular meeting or from such special meetings as the Council may specify in the resolution; (c) for each unexcused absence from a regular or special meeting of the Council each Council Member may be penalized by a fine of not to exceed $75, and the Mayor may be penalized by a fine of an amount not to exceed $100, but the resolution may specify a lesser penalty for absence from a special. meeting than a regular meeting; (d) any member of the Council desiring to be excused shall .insofar as possible give advance notice to the Manager, stating (i) the meeting at which the member will be absent, (ii) the member's reason for being absent and, (iii) the member's location during the meeting. SECTION 15. RULES OF ORDER Subd. 1. Suspension of Rules. The operation and effect of a rule set forth in this subsection may be suspended upon the unanimous vote of the Council. (Rev. 07/23/01) (Rev. 12/10/01) (Rev. 05/08/07) (Rev. 05/27/08) • s • AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT ~ CITY COUNCIL MEETING MAY 27, 2008 CONSENT 9B 126 REPORT PREPARED BY: KRISTIN ASxER, CITY ENGINEER NAME, TITLE U • DEPARTMENT DIlZECTOR 1~ REVIEW: u REVIEWED BY CITY MANAGER. ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution restricting parking on Lyndale Avenue. I. RECOMMENDED ACTION: By Motion: Adopt a resolution for "No Parking" on both sides of L ndale Avenue II. BACKGROUND In order to secure Federal and Municipal State Aid funding for the I-494/Lyndale Avenue Bridge project the City is required to adopt a resolution restricting parking in the construction limits of the project. This restriction includes Lyndale Avenue from the southern City limits north to the Lyndale Avenue and 77th Street intersection which is currently posted as "No Parking". III. BASIS OF RECOMMENDATION A. POLICY • The reconstruction of 1-494, including the Lyndale Avenue Bridge, has. been identified as a priority in he City's Comprehensive Plan. B. CRITICAL ISSUES • The Lyndale Bridge is scheduled for reconstruction starting in September 2008. A "No Parking" resolution is required to meet 0527NoParkingResolution Municipal State Aid (MSA) standards for Mn/DOT plan approval so that the City may use Federal and MSA funds toward the project. C. FINANCIAL • There is no cost to adopting the resolution.. No Parking signs are already posted along Lyndale Avenue, so no additional signs will need to be purchased and installed. D. LEGAL • The City has the authority to restrict parking on public streets. • The City Attorney will be available to answer questions. E. ENVIRONMENTAL CONSIDERATIONS • n/a IV. ALTERNATIVE RECOMMENDATION(S~ • Choose not to adopt the "No Parking" Resolution at this time; however, the resolution is required to be eligible for Federal and/or State Aid funding. V. ATTACHMENTS • Resolution • Graphic of the project area VI. PRINCIPAL PARTIES EXPECTED AT 1VIEETING • None • z ~~- l RESOLUTION. NO. • RESOLUTION RELATING. TO TRAFFIC CONTROL SIGNS "NO PARKING" ON LYNDALE AVENUE • BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That the City staff is hereby authorized and directed to erect the following. signs at the following locations: "No Parking Any Time" on both sides of Lyndale Avenue commencing from the South City Limits and continuing north approximately 650 feet to the intersection. of Lyndale Avenue and 77t" Street. 2. That when the aforementioned traffic control signs have been so erected on said street, they shall be official traffic control signs of the City of Richfield and failure to observe such signs shall constitute a violation of the. traffic ordinance of this City. Adopted by the City Council of the City of Richfield., Minnesota this 27th day of May 2008. ATTEST: Nancy Gibbs, City Clerk • Debbie Goettel, Mayor ~~, • • • a u .. ~ 4i ~ ' --~" i ~` ~ 1 ~ a Qt r ' , Z p J ~ ~`' ~ r-,..i ~ ~ g v:_. > 'i3 A ~~ it ? -~"' $p# '! tit , (' ~ ` ; ~ ~ ~*~ ~ a3 ~ G ~y~' ~ ~it t,.e Y #~ '~"4 r- ~ _. _.. 3~ ~ r F ,~y ~ a..-r : ! ' '~ ~~ ~~.. ~ ~ err ` ^~ ~, sne r ~ # ,~ i~~.. ~ i !t {~} r~ f~ s s ~. ~ ~ '~ 8 ~ %>rA K 7 4 F S 1 ~ ~(~~ ~` dia~_ YTS F ~ i~» '^i. ~~ _7i ~ ~ ~~ ~ 1~ rs ° _~ -~ Q r a• ~! •1W ~ ~ t s` ?.K _ .. _ ~~-~ • -- -- - ;- j ~T j ~ ' 1 - rr 7 7 9 T.. ` ~ c' i 3 'iT 'J. .f g t _~ y e4y _ 1 :~"~ f k 1 '~ 1 ... F' >* i ~ !' ~ . , ~` _ ~. _ 2 ._. i >< w p v - i. M * ~~ { i ~y 6 ~ ~1~ ~ ~ ~ --° ~~ rah ,+_ . ~ :,_., ~. ~,r 1 .~ !~ '~ R ~ F r i ~ _ - t~ ' a a 5. t ~ t` ~ Cs 'L ~It ~ ~, {- ~ s~ ~ ~ i a ~ ~ ~ ~ ~x y ! ~~ ..._ __. _... ._ . ~ r - - : :~.:---~. . r F 1 ~ ~~ w .fr - ~~ _ ..__ :: ._ .:..._ ~ ~ _ ~ ~ - v i ~J~` .M ~ ~ .Y ]j ~ i ..~.. ~ € ~ 1jC2 ~ ' ~~ `~ j z "~ ~_' ; ~ 'Sir ~ +~ a ({{~y~ ~ ~ S ~ y^°^-#p -}}~~~~y{ ~ ~ ~~ ~r ~ o .____. AGENDA SECTION: CONSENT • AGENDA ITEM # 9C REPORT # 127 STAFF REPORT CITY COUNCIL MEETING MAY 27, 2008 REPORT PREPARED BY: DEPARTMENT DIlZECTOR REVIEW: REVIEWED BY CITY MANAGER: PAM DMYTRENKO, ASSISTANT TO THE CITY MANAGER NAME, TITZE ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving an amendment to the 2007-08 labor agreement with the Law Enforcement Labor Services, Inc. Local 123. I. RECOMMENDED ACTION: By Motion: Adopt the resolution designating an increase in the. City's contribution toward health insurance premiums for the Law .Enforcement Labor Services, Inc. Local 123. II. BACKGROUND City staff completed negotiations with the Law Enforcement Labor Services, Inc. Local 123 (Union) for the contract re-opener provisions of its 2007-08 contract. There are 31 employees represented in this unit: 28 Police Officers and 4 Detectives. There-were two re-opener provisions for the 2007-08 contract. Subject to Council approval, a tentative agreement was reached on .Article 16, Health insurance. However, the parties were not able to reach agreement on Article 24, Wages and are in the process of preparing for arbitration on this issue. The tentatively approved settlement on the health insurance provision includes the following changes: 0527police A maximum $30 increase to the Employer health insurance contribution for contract • year 2008 which provides full coverage for single Employee, $730 per month for Employee plus spouse or Employee plus child(ren) c_ overage, and $780 per month for Employee plus family. III. BASIS OF RECOMMENDATION A. POLICY • _ The City has met and negotiated in good faith with the Union and its representatives and is bound under the Public Employer's Labor Relations Act to meet and bargain over the terms and conditions of employment. • The proposed settlement for health insurance contributions is identical in health insurance provisions to non-union City employees and the other four bargaining units. The City has a long history of providing the same level of health and dental insurance contributions to all eligible .City employees and strives to maintain that equity. B. CRITICAL ISSUES • In order to allow the City's accounting personnel to modify payroll records in a timely manner for 2008 benefits, it is recommended that the City Council act on May 27, 2008 to adopt the attached resolution • providing for contract changes, effective January 1, 2008. C. FINANCIAL • Up to a maximum $30 per employee increase in the City's contribution towards health insurance coverage. D. LEGAL • If the terms of this agreement are not approved., further negotiation and/or mediation will be necessary. E. ENVIlZONMENTAL CONSIDERATIONS • None. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the terms of this agreement`and prepare for further negotiation and/or mediation. • .Defer discussion to another date. V. ATTACHMENTS • Resolution. VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • None. ~C-?~ • RESOLUTION NO. RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH INSURANCE PREMIUMS FOR EMPLOYEES COVERED BY THE LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL 123 WHEREAS, the City of Richfield and Law Enforcement Labor Services, Inc. Local 123 signed a bargaining agreement covering a two year period from January 1, 2007 through December 31, 2008; and WHEREAS, the labor agreement covers all terms and conditions of employment including the City contribution for health insurance benefits; and WHEREAS, Article 28 of the labor agreement provides for either party to amend the provisions in Article 16, Section 1 -Health Insurance; and WHEREAS, the City has historically provided the same level of health insurance contribution to all eligible City employees, both union and non-union; and WHEREAS, the City desires to maintain such a position of equity; and • WHEREAS, the City Council is required to determine, by resolution, the City's contribution toward the premium for employee group insurance coverage. NOW, THEREFORE, BE IT RESOLVED that the City shall contribute a maximum of $730 per month for employee plus spouse or employee plus child(ren) health. insurance coverage, and $780 per month for family health insurance, and in any event, said contributions shall not exceed the cost of single coverage for employees selecting that option. Such contributions shall be for coverage effective January 1, 2008. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of May 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk LJ • AGENDA SECTION: CONSENT AGENDA ITEM # 9D REPORT # 128 ~,- STAFF REPORT CITY COUNCIL MEETING MAY 27, 2008 • REPORT PREPARED BY: INTERIM DEPARTMENT DIlZECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRISTINE COSTELLO, COMMUNITY ITEM FOR COUNCIL CONSIDERATION: Consideration of an Amendment of Commercial Lease with the Minnesota Department of Transportation and Amendment of License Agreement with. Transmission Shop, Inc. for arking lot at Cedar Avenue and Diagonal Boulevard. I. RECOMMENDED ACTION: By Motion: Approve attached Amendment of Commercial Lease with the Minnesota Department of Transportation and Amendment of License Agreement with Transmission Shop, Inc. for parking lot at Cedar Avenue and Diagonal Boulevard. II. BACKGROUND In August 2001 the City of Richfield (City) approved a Commercial Lease between the City and the Minnesota Department of Transportation (MnDOT) for the construction of a parking lot on excess right-of-way land (45,750 sq. ft.) at approximately Cedar Avenue and Diagonal Boulevard. At the same time, the City also approved a License Agreement between the City and, the Transmission Shop, Inc. (located at 6958 Cedar Avenue) for the use of the parking lot. The City pursued this arrangement with MnDOT as a way to remedy neighborhood parking problems resulting from the relocation of a transmission shop. from 6409 Cedar Avenue, acquired for the 66th Street/TH 77 Interchange bridge and ramp project, to the Transmission Shop Inc. location. The original Lease and License Agreement were to expire on June 30, 2006. 052708-Amend Commercial Lease Agreement Trans Shop DEVELOPMENT SPECIALIST In June 2006 the City approved an amendment to the Commercial Lease with • MnDOT and an amendment to the License Agreement with the Transmission Shop, Inc. for an extension that was effective through June 30, 2008. The parking lot has been successful in remedying parking problems in the area. The Transmission Shop Inc., is interested in extending the License Agreement. MnDOT has provided an amendment to the lease to extend it for another two years, after which time, additional extensions can be considered. The License Agreement is also being extended for the same term. Barring any redevelopment in the area or use of the excess land by MnDOT, it is understood by all parties to the Lease and License Agreement that the excess land can be used until at least 2010. III. BASIS OF RECOMMENDATION A. POLICY • The original Commercial Lease and License Agreement allow for term extensions. • Amendments to the Lease and License Agreement are set for another two years. Term extensions can be made once the proposed term expires. • B. CRITICAL ISSUES • MnDOT could terminate the Lease if the subject land is needed for highway purposes. Currently it continues to be considered excess right-of-way. • The City could terminate the Lease with MnDOT. However, the Lease is tied to the License Agreement, which calls for use of the premises until at least 2010. This date was set to protect the Transmission Shop's business interests at the 6958 Cedar Avenue location and to amortize the cost of construction of the parking lot, which was borne by the business owner. The cost of construction of the parking lot was $91,000. C. FINANCIAL • Neither Agreement calls for rent to be paid. The Transmission Shop's construction of the improvements on the excess land was the consideration for this transaction. • Taxes are current and being paid by the business owner through a personal property tax account. Taxes for 200.8 are $13,754.98 and distributed by Hennepin County to the appropriate taxing jurisdictions. • Maintenance and repair of the licensed premises are the responsibilities of the Transmission Shop. • D. LEGAL • Kennedy and Graven prepared the original License and the Amendment to the License Agreement for the City. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATNE RECOMMENDATION~S~ • Do not extend the lease with MnDOT or License Agreement with the Transmission Shop. However, parking could again become an issue for the neighborhood. V. ATTACHMENTS • Amendment of Commercial Lease No. 2 • Amendment of License Agreement No. 2 • Commercial Lease • License Agreement • Map of the general, area surrounding the leased property VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A . .7 • • Minnesota Departure t ~f Transportation Metro District 1500 W. County Road B2 Roseville, MN 55113 651-234-7699 Amen) ~nd- Commero~a ( l.tasG ~k2 S.P.: 2758 (77=279) 901 LEASE NO. 27692 PARCEL: 0009 AMENDMENT OF COMMERCIAL LEASE No. 2 • THIS AGREEMENT, is made by and between the -State of Minnesota, Department of Transportation ("Landlord") and City of Richfield ("Tenant"), and shall be an amendment and addition to Lease No. 27692. VVITNESSETH: WHEREAS, Landlord and Tenant entered into Lease No. 27692 ("Lease") involving the rental. of commercial property; WHEREAS, the parties deem certain amendments and additional terms and conditions mutually beneficial for the effective continuation of said Lease; and NOW THEREFOR, Landlord and Tenant agree to substitution and/or addition of .the following terms and conditions which shall become a part of the Lease No. 27692, effective as of the date set forth hereinafter. 1 2. Effective on June 30, 2008, this Lease No. 27692 shall be renewed for a period of Two (2) years commencing on July 1, 2008 and continuing through June 30, 2010, with the right of termination in both Landlord and Tenant as set forth in the Lease. The terms of the original lease and its amendment(s) are expressly reaffirmed and remain in full force and effect. By this reference the original lease and its amendment(s) are attached and incorporated into this agreement. • Commercial Amendment Page 1 of 2 LS1022 4/14/2008 TENANT ~~~ City of Richfield Signature -' • Print Name Title Date Signature Print Name Title Date J LANDLORD, STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COMMISSIONER OF TRANSPORTATION By Susan M. Mulvihill, P.E. • ,Metro Program Delivery Director Date Approved as to form and execution OFFICE OF CONTRACT MANAGEMENT By _ Title Date • F I Commercial Amendment Page 2 of 2 LS1022 4/14/2008 ilmenelncrr~ ~,iGehst. q~~3 ~rccmer~l- ~Z May 27, 2008 AMENDMENT TO LICENSE AGREEMENT THIS AMENDMENT is made and entered into as of May 27, 2008; by and between THE CITY OF RICHFIELD, MINNESOTA, a Minnesota municipal corporation ("Grantor")and the TRANSMISSION SHOP, INC., a Minnesota corporation ("Grantee), and amends that certain License Agreement between Grantor and Grantee dated August 16, 2001. Recitals A. Grantor and Grantee entered into a License Agreement involving the use of certain land at 6945 Cedar Avenue, Richfield, Minnesota, depicted on the attached Exhibit A. B. The parties desire to extend the term of the License Agreement by this Amendment. Terms • 1. Effective on June 30, 2008, the License Agreement shall be renewed for a period of two years, commencing on July 1, 2008 and continuing through June 30, 2010, with the right of termination as set forth in the License Agreement. 2. The terms of the original License Agreement are expressly reaffirmed and remain in full force and effect, except as modified by this Amendment. GRANTOR THE CITY OF RICHFIELD By Debbie Goettel, Mayor By Steven L. Devich, City Manager q 0 _'-F • STATE OF MINNESOTA ss.. COUNTY OF HENNEPIN GRANTEE: TRANSMISSION SHOP, INC. By Its President The foregoing instrument was acknowledged .before me this day of 2008 by Debbie Goettel and Steven L. Devich, the mayor and city manager, respectively, of the City of Richfield, a municipal corporation under the laws of Minnesota, by and on behalf of said corporation. • STATE OF MINNESOTA ss.. COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me this day of 2008, by the president of Transmission Shop, Inc., a corporation under the laws of Minnesota, by and on behalf of said corporation. • Notary Public 2 ~~~ • .] EXHIBIT A (Sketch Depicting Location of Licensed Premises) • 1 I ' 1 ~ . . I I i 1 I I I ~'1 I I 1 I 1 1 1 I 1 , 1 1 I , 1 , 1 1 I ~ I I 1 I 1 1 I I 1 1 1 1 1 I ~ I I I I 1 I I 1 1 I i I I 1 I 1 1 1 1 I I 1 1 i 1 1 1 1 1 1 ~, I I I 1 I ~I 1 I 1 1 i 1 I 1 I I I I 1 1 I 1 1 1 I 1 I 1 1 1 I 1 i (I i ~i I i C 1 I 1 ~1 I 1 z 1 I 1 I I 1 ' ~' I 1 1 -- t v I 1 V I I 1 i I 1 1 I I ~ 1 ± I ~ i I~1 mil I 1 1 , I 1 i I I 1 1 1 , 1 i 1 1 I ~ 1 1 1 1 1 1 1 i 1. 1 1 1 I 1 I I 1 1 1 I I 1 1 I 1 ~ 1 I 1 1 1 1 1 1 1 I ' 1 1 • ' I i 1 I i / . 1 I 1 1 1 1 1 1 1 I i r I I , I i I 1 I i ' 1 1 1 I 1 . ' 1 1 1 1 1 1 I , 1 1 , 1 , I I 1 1 1 , 1 , 1 , 1 , I I , ~, I , i , ~ 1 I fl 1 , s, 1 1 0 I N I , ~ 1 1 1 I i 6 1 I 1 i' 1 I _.~ ~ i f,,..., , , o a ~ 1 1 O ~ 1• ,1 ; ~ , •r ~ ' J o r ~ ~--~" f s' 1 _ '~.~ 1 1 1 1 1 ;';' •, 1 ,f i ~ 1 / ~ Z f,+[}~ i / nOQ~q 1 . I / r [[~C 1 I , i ,y .-rn C 1 ~ ( .o ~ (.~ ~ , 1 .,,,,~ ~ ~ s. m - / ~ `+' !n I ~ ~ 1 ~ 1 / i f C7 '~. / `~.. ,. ~ '0 it / 11 ~ m I 11 1 1 1 / 1 1 I ~ ~ Z ~ I~ , 1 ~ ~ , ~ 1 I / ~ ~ 1 ~ II 1 c 1 ~ 1 / 1 / ~ ~ 1~ I ~~ 1 I 1 ~ / 1 / !/ ~ 11 I -~ / I ~~ 1 / 1 1 ~ / , I ""_ 1 ~ .~ I r ' I '_ '~.~ 1 i I 1 ~ 1 ~ / I 1 1 O 1 I ~ f ~ , ~~ ~'~ -____ ,1 1 1 1 1 I , ~~ -___ i Vl -~ ~ ~ 1 I 1 1 1 I ~~p~ , I ~.~ -~ i f , 1 I _- ~ _. ~ -~ .~_ I _~ 1 I ~ - , oa sl 1 I D I ~ I --~~ W 1 , I ~ '~ W ' ~ ~ I ~~~ ~~ ~P (D of ~4w ~ I ~ D a = x 1 ~ ,o I "'~ ~ . ~ ? .T ~ ~ ""`~.~ .... n ~ S ' y D ' 5 ~ ~~ ~ = ~F y1f - i ~ r ~ ~I !~ ~_ -- , -__ ~ ~ ~ __ .'S7 ~ ~o , ~ .~ m d Coo ~ ~~- rn ~ ~=z ~ I ~ T~ 1 , D ;. D O N ~ .._. I RICHFIELD, MINNESOTA ?007 PARKING l0T IMPROVEMENTS CEYIAR/JENSEN PARKING L07 SITE PUN . •.. ~ ., ~ I N ~.` I ..,_ I .~ m° rn N I 1 1 1 1 1 Im IX O I m rv > c N (tS JD '2 ~ C ~ JN Boneefroo ~, Hoeene 11f Anderifk 6 ~l_u`, Aeaocletea VP~«. ~ AteM.el. N C7 _.^Y ~ .. ,.... ._ , - . ... T-. - _ ...-..-.. ......~...._-.. - - I _. I I I I 1 I 1 I ~ I N D !n , ,w. 9~-- ~ -.t~l\ 'I f 1 ., .., ~ I I it I ' ( h I~ 1 f ~~ry~ --.J.._... I•~ v 1 O '.I . ~~ ~~ 1~~~ ~ 1 I N N D .Z1 1 D O 'O D 1 I = ~ 1 I ° D I ~ n V? n m m i O I ~ n f. C 1 I m S o.i co ~ D i J n g~I v ~ al I'I ~ C ~' ... ~ I I I i ' o of n 1 I 1 D I ~ I 1 a I 1 c I m 1 I 1 I 1 I I I I I 1 I I • I ~ ~7 1 ,p W 1 3 1 n O ~ D W 1 F n I C I S p. 1 I o D i ~, a 1 1 1 T T I ~ 1 I I J ' I 1 I i ~ 1 I ~ I ~ 1 ~ I 1 1 ~ 1 O ~ ~ w rn m x 1 m f D r~ I I~ 1~ 1 i~ 1 In 1~ 1, I 1; IN I~ I IA 1 h ID' ID 1 is fc ( I.+ n ...... omw_ o11N TC~~ . oNnl 0 4 y ~ ~ a ~ s ~ m£Zm a ;N~ ~~~ m~~ a n n . (.+ N -" Z O p X OJ ~ ~T1 ~ C g ~ coo = n N m I "' C) UI ~ x { O 4 ~. 'o' F m Ic 'O 4N~ A ~ D S .~ N N nl a~ ~•~ o n m ~ ~ nr m a~ w ~, ~~ 4 ~ 1 D IQ ~ ~ m 'p ~~ ~• • • ~Vt9iY1~.~ q p-'? p (~MMtvGia) Minnesota Department of Transportation Office of Land Management Transportation Building Mailstop 631 395 John Ireland Boulevard St. Paul, Minnesota 55155-1ggg 651.296.9744 S.P.: 2758 (36=279) LEASE NO.: H-06047 PARCEL: 9 ACCOUNT NO.: 27D078 LtA55~ COMMERCIAL LEASE THIS LEASE is made between the State of Minnesota, Department of Transportation ("Landlord"), City of Richfield, a political subdivision of the State ('Tenant"). Mail Lease to: Mr. Perry J. Thorvig Community Development Specialist 6700 Portland Avenue Richfield, Minnesota 55423 !T tS AGREED: 1. to consideration of payment of the rent hereinafter specified to be paid by Tenant, and the covenants and agreements herein contained,. Landlord hereby leases to Tenant that certain property("Premises") in-the County of Hennepin, State of Minnesota, described as follows: Address of Premises: adjacent to the- intersection of Cedar Avenue and Diagonal Boulevard, in the City of Richfield as shown on Exhibit A attached hereto and by #his reference incorporated herein. Type of Property: approximately 45,750 usable square feet of commercial vacant land T his Lease includes improvements, if any, and is in effect for the term of five (5} years commencing on July 1, 2001 and continuing through June 30, 2006, with the right of termination in both. Landlord and Tenant as hereinafter set forth. 2. RENT. The consideration for this Lease shall be the mutual benefrts to both parties of this Lease. 3. USE OF PREMISES. Tenant shalt use the Premises for the following. purpose only: public parking and no other use whatsoever. It shall be the sole responsibility of Tenant. to comply with ail laws, regulations, ar ordinances imposed by any jurisdiction governing the. use of the Premises, Failure to comply will not relieve Tenant of the obligation to pay rent. Tenant's use of the Premises must not interfere with the public's use of any adjacent highway. Signs or displays will be restricted to those indicating proprietorship and type. of activities conducted on the Premises, and will be subject to regulation by Landlord as to number, size, location, and design. ..~ n ' ;;tee '~` -1 ~' • 4. MAINTENANCE AND REPAIRS. Tenant shalt keep. the Premises in good condition at Tenant's expense, and shall not ca-I on Landlord to make any improvements or repairs. own 5. CHARGES ANO EXPENSES, Tenant shall pay when due all utility charges and any other charges or expenses connected with Tenant's use of the Premises. 6. NOTICES. Ail notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when served personally on Landlord ar Tenant, or when made in writing and deposited in the United States Mail .and addressed as foQows: To Tenant at the malting address above stated and to Landlord, Department of Transportation,. Office of Land Management, Transportation Building Mailstop 631., 395 John treiand 8outevard, St. Paul, Minnesota, 5515b-1899. The address to which notices are mailed may be changed by written notice given by either party to the other. 7. CANCELLATION. This Lease shall be subject to canceifa6on by either party at any time during the term hereof by giving the other party notice in writing at least sixty (60) days prior to the date when the cancellation wilt become effective. Furthermore, this Lease shall be subject to cancellation. by Landlord if the Premises become needed for highway. purposes (as determined solely by Landlord) by giving Tenant notice in writing at least thirty (30) days prior to the date when the cancellation wiill .become effective. In the event of cancellation any unearned rent paid by Tenant wits be returned. 3: 8. INDEMNIFICATION AND RELEASE. Tenant shelf defend, indemnify, save harmless, and release Landlord and Landlord's. employees from and against all claims. demands, and causes of action for injury to or death of persons or loss of or damage to property (including Tenant and Tenant's property) occurring on the Premises and connected with Tenant's use and occupancy of the iremises, regardless of :vi.e;`;t:r ,;~c;-: injur,~, death, loss,. or damage is caused in part by: (i) the negligence of Landlord or (ii) is deemed to be the responsibility of Landlord, because of its failure to supervise, inspect, or control the operations of Tenant or otherwise discover or prevent actions or operations of Tenant giving rise to liability io any person. tf any negligence or responsibility of Landlord is unrelated is Tenant's occupancy or use of the Premises, Tenant will not be obligated to indemnify and hold harmless as seYforth above: 9. 1NSUR,4NCE. Prior to execution of this Lease by Landlord, the Tenant shall provide Landlord with a properly executed certificates} of insurance which shall etearfy evidence the insurance required below, and provide that such insurance will not be canceled, except on thirty (30) days' prior written notice to Landfard. 9.1 Tenant shah maintain during the full term of this Lease commercial general Liability insurance or equivalent form including Premises-Operations Liability, ProductslCompleted Opera#ions Liability (if applicable), Cohtractua( Liabittty, and Fire Legaf Liability with. a limit of not less than 51,000,000 each occurrence. !f such insurance contains a general aggregate Limit, it will apply separately to this Lease. 9.1.1 This insurance shall include State of Minnesota as an insured with respect to !•~ U ~D--~ Performance of Lease. 9.1.2 This insurance shall be primary with respect to any insurance or self-insurance programs covering Tenant, its officers and employees. 9.2 Tenant shall maintain during the fuH term of this Lease workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than 5500,000 each accident. 10. FIRE INSURANCE. Tenant shall not be required to keep the Premises insured against fire and extended coverage loss. Tenant shat) make no claim against Landlord arising out of any loss to the Premises. 11. RIGHT TQ ENTER. Tenant shall allow Landlord and Landlord's contractors and authorized licensees to enter upon the Premises for any of the following purposes: to survey the land, io take soil borings, to perform utility relocation or repair work, or to perform any other work which is preparatory to a highway construction project; also to make emergency repairs required for highway safety.- ff there is a highway bridge above any part of the Premises, Tenant shall allow Landlord to enter upon the Premises to inspect, maintain, and repair the bridge and its structural supports. !f any of these operations substantially restrict the Tenant's use of the premises, rent will be reduced proportional to the restricted use of the Premises during the period of the restricted use. The reduction (or abatement) of rent wit! be Tenant's only claim against Landlord based on such restriction (or abatement) of use. Tenant shall allow Landlord to inspect the premises jand to show the premises by appointment to prospective buyers or renters. Before entering the Premises for any of the purposes under this paragraph, Landlord will make a reasonable effort to notify Tenant, provided,. however, that in case of an emergency affecting highway safety (the. existence of which will be detem~ined solely by Landlord), if Tenant is not present to permit -entry onto the Premises, Landlord ar its representatives may enter withou# notice io Tenant, and for such entry Landlord or its representatives will not be Iiable to Tenant. i 2. ADJACENT HIGHWAY FAClLlTY. Tenant shall. not permit the storage of any substance or material on the Premises which may create a fire hazard to the adjacent highway facility (including any overhead bridge and its structural supports). !f Landlord. determines that Tenant is using the Premises in such a way as to create a danger to the adjacent highway facility or the. traveling public thereon, and if, upon receiving. notice; Tenant does . not immediately remedy the danger to the satisfaction of Landlord, then Landlord may immediately cancel this Lease and take possession of the Premises. Any requirement for giving notice of cancellation set out elsewhere in this Lease will not apply to cancellation under this section. Unearned rent paid by Tenant will be returned. If a-part of the Premises is situate under or adjacent to a highway bridge. Tenant acknowledges that Landlord's plowing and sweeping of the bridge may cause snow, ice, sand, or road sweepings to be pushed off the sides of the bridge or otherwise. expelled off tfie bridge, falling onto the Premises. Tenant agrees that this risk is specifically included in the Tenant's indemnification and- release of Landlord appearing elsewhere in this Lease. ~ 3. ASSIGNMENT ANO SUBLETTING.. Tenant shalt not assign this Lease or sublet the Premises. Notwithstanding anything to the contrary contained in this Section 13; Tenant may sublet the Premises one time during the term, without the consent of Landlord, provided: a. the operation being. conducted in the Premises shalt remain unaffected; b. the sublessee shall- assume in writing the terms and conditions set forth hereunder to be observed and performed by Tenant; c. Within five (5) days after receipt by Tenant, Tenant shat! pay to Landlord all revenue from any sublease; d- copy of such sublease shall be famished ten {10j days prior to .the effective date of the • 3 ~Q--fd sublease; and e. nothing contained herein shall release Tenant from any of its liabilities or obligations hereunder. i4. CIVIL RIGHTS ACT. Tenant shall not discriminate on the ground of race, color, sex, or national origin against any person in access to and use of the facilities and services operated or otherwise maintained on the Premises; and Tenant shall operate and maintain such tacilities and services in compliance with Title VI of the Civil Rights Act of 1964, and Title 49, Code of Federal Regulations, Part 21. 15. DEFAULT BY TENANT -LANDLORD'S REMEDIES. The following occurrences are "events of default": (a} Tenant defaults in the due and punctual payment of rent, and such default continues for five (5) days after notice from Landlord; however, Tenant will not be entitled to more .than one notice for default in payment of rent during any twelve month period, and if. within twelve months after any such notice, any rent is not paid when due, an event of default shalt have occurred without further notice. (b) Tenant breaches any of the other agreements, terms, covenants, or conditions which this Lease requires Tenant to perform, and such breach continues #or a period of thirty (30) days after notice by Landlord to Tenant. At any time after the occur ence of either of the above events of default, Landlord may terminate this Lease - upon giving. written notice to Tenant ahd may. then re-enfer and take possession. of the:Premises in such manner as allowed or provided by law. Tenant. shall pay Landlord all costs and expenses, including attorney's fees, in any successful action brought by Landlord to recover unpaid rent, or to recover damages for breach of any of the other covenants, agreements, terms, or conditions which this Lease requires Tenant to perform, or to recover possession of the Premises. • 16. HOLDING OVER. tf Tenant remains in possession of the Premises after the end of this Lease with .the. consent of Landlord, express or implied, Tenant shall occupy the Premises as a Tenant from month io month, subject to ail conditions, provisions, and obligations of this Lease in effect an the last day of the term. 17. MOVING OUT. At the expiration ar sooner termination of this Lease, Tenant shat! Leave the Premises in as good condition as when delivered to Tenon (except far ordinary wear and any loss covered by insurance payment to Landlord). 18. SALE OR TRANSFER Or= PREMISES. I# Landlord sells or transfers the. Premises, Landlord's liability for the performance of its covenants under this Lease shall end on the date of the sale ar transfer, and Tenant shall look solely to the purchaser or transferee for the performance at those covenants, 19. RELOCATION ASSISTANCE: Persons, businesses, farms, non-profit organizations, and other entities {hereinafter collectively referred to as Tenant} displaced by cancellation or termination of this Lease, or by moving out prior to cancetiation ar termination of this Lease, are not ciassifred as "displaced persons" and are not eligible for relocation assistance under the Unrform Relocation Assistance and Real Property Acquisition Policies Act of 1970. and its amendments. By signing this Lease, TENANT affirms that they are not a displaced person. • , q 1~~ I l 20. HAZARDOUS SUBSTANCES. Tenant shat! not cause or permit any pollutant, contaminant. or hazardous substance wastes, or material to be used, stored, generated or disposed of on or in the Premises by Tenant. Tenant's agents, employees contractors, or invitees, other than those pollutants, contaminants, or hazardous substances, wastes, or materials commonly associated with operation of Tenant"s use. tf pollutants contaminants, hazardous substances, wastes, or materials are used, stored, or generated in any manner, or if the Tenant has caused or allowed the Premises to become contaminated in any manner by pollutants, contaminants, or hazardous substances, wastes, or materials during the term of this Lease, Tenant shall indemnify and hold harmless. the Landlord in accordance with Section 8 of this Lease. This indemnifrcation is intended to, and shall, survive the termination of this Lease. Without limitation of the foregoing, if Tenant causes or permits the presence of any pollutant, contaminant, or hazardous substance, waste, or material on the Premises and that presence results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Premises to the condition existing prior to the contamination. Tenant shall first obtain Landlord's approval for any such remedial action. (a} As used herein, "hazardous substance(s)" means any substance, material, or waste that is toxic, ignitable, reactive, or corrosive, and that is regulated by any total government, State of Minnesota,. or the United States government. (b} .Any pollutant, contaminant, or hazardous substance, waste, or material permitted on the Premises as provided above, and all containers therefor, shall be used, kept, stored, and disposed of in a manner that compiles with ail federal, state, and local laws or regulations applicable to those pollutants, contaminants, or hazardous substances, wastes, or materials. (c} Tenant shall not discharge. leak or emit, or permit to be discharges, Peaked or emitted, any material into the atmosphere, ground, sewer system, or any body of water, if that material (as is reasonably determined by the Landlord or any governmental authority) does or may pollute • the same, or may adversely affect (a) the health, welfare, or safety of persons, whether located on the Premises or elsewhere, or (b) the condition, use, orenjoyment of the land. 21. LEASEHQLD 1MPROVEivIENTS, Tenant and Landlord acknowledge and agree, Tenant may make improvements to the Premises pursuant to the plans and specifications approved by Landlord's Metro Division Permits Office, which approvals shall not be unreasonably withheld or delayed. Such improvements shall be at Tenant's expense and mayrnclude a five foot (5') in height perimeter security fence, grading and bituminous paving on the Premises. At anytime during the term, if Landlord in its sole opinion determines the grading and the drainage is adversely affecting the sun'ounding property, Tenant shalt make such reasonable.changeslimprovements to the grading as requested by Landlord. fn addition, at the expiration or earlier termination of the term, Landlord has the option to require Tenant to remove any improvements (including the. security fence and grading) and restore the Premises to its condition at .the commencement of the Lease. Landlord. shalt provide a thirty (30) day prior written notice to Tenant advising of the Landlord requirement to remove the Tenant-made improvements from the Premises. In the even! Landlord does not require Tenant to remove such improvements from the Premises upon Tenants surrender of the Premises the Tenant-made improvements shall become the property of Landlord. 22. ENTIRE AGREEMENT. This Lease contains the entire. agreement between .Landlord -and Tenant with respect to its subject matter and may be amended only by subsequent written agreement between them. Except. for those which are set forth in this Lease, no representations, warranties, or agreements have been made by Landlord or Tenant to one anotherwith respect to this Lease. FILENAME: k:1PR0Pk1GNT1WPDATAIZ7 HennepintZ7D078 City of Richfield iease.wpd • TENANT • CITY OF RICHFIELD C Signature ~GL~'~~_ Print Name ~~~/ 1d/ /~/ieSC'rJ Title ~~ YOB Date Print Mme ~~MAn~Ty {}~~ UlVti Title ~I T7 ~AN~4G~i2 Date LANDLORD, STATE OF MINNE50TA DEPARTMENT OF TRANSPORTATION COMMISSIONER OF TRANSPORTATION "- ~~ ~ ~ORPORATE ACKNOWLEDGMENT FOR TENANT $y ta.c.~ ~ K.F. Rasmussen. Director C. OK~ce o(Land Management Date ~'--t (• co / Approved as to form and execution FOR THE ATTORNE~ ENERAL BY ~~~ Title /.~tS,J-__ /-~ ~Ot~t, [t~ ate CO C`6 Ui STATE OF IU't`yt,Wi-~~c.~ } COUNTY OF ~, '~ }ss. CORPOR,A_TE [' ~ t ~ 1 On this 1~~ _day of JC. f~t.V~ _ . 20 ~ 1 , M,UAr"f! r ki r5~ and twurtet ~A~W~~'~^~c-' l~Y~u.VLQ ,H,,,,~t ,personally known to me, did swear that they are respectively the ft:o~f ~ and of e~(L . a corporation underthe laws of the State of ~_, and did execute this instrument on behalf of the corporation by authority of its Board of Directors on behalf of the corporation. r. 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( II I a,l~ f /O ,1 t ,' ,r ~ ~~ v cA --- I ~, '~ ~ • ~ 0 / ~° L ~ '~ I + i s :ot ..a n..,. , • 1 4 e ~ , i I i . 1 r i i I ;m ~~ ;^ i ~ i 1Y i~ ~H i I I I 1 1 i 1 i i 1 ' 1 ~` i t t i 1 I i r i~ 1 i~ , I i i i r. C 1 a C n (r • ~i o-i ~- ORIGINAL August 1, 2001 LICENSE AGREEMENT THIS AGREEMENT made and entered into as of this /6?H day of ,~JVf, ~$ T , 2001, by and between THE CITY QF RICHFIELD, MINNESOTA, a Minnesota municipal corporation, (hereinafter referred to as "Grantor"}, and the TRANSMISSION SHOP, INC. , a Minnesota corporation (hereinafter referred to as "Grantee"). R'ITNESSETH: BACKGROUND. • Grantor currently holds an interest in the property that is the subject of this license agreement by virtue of a lease agreement between it, as tenant and the State of Minnesota, Department of Transportation (MnDOT), as Landlord. A copy of the lease agreement is attached hereto as Exhibit A.(hereafter referred to as the "Lease"). Grantee acknowledges that until such time as Grantor acquires title to the property all of Grantor's rights to and in the property that is subject to this Agreement derive from the Lease, and are subject to the provis}ons and terms of the Lease. ARTICLE I -GRANT, TERM. 1.1 LICENSED PREMISES. In consideration of the fees, covenants and agreements herein reserved and contained on the part of Grantee to be perfonmed, Grantor does .hereby license to Grantee the tract of land located at 6945 Cedar Avenue, Richfield, Minnesota and located on land legally described in the attached Exhibit A (hereinafter referred to as the "Licensed Premises"). 1.2 TERM AND EXTENSIONS..- The term of-this License shall commence on the Commencement Date, and, unless extended as hereinafter provided, will .terminate June 30, 200 or such earlier date as may bedetermined in accordance with the provisions of this Agreement. At the expiration. of the term the Grantee agrees to vacate the Licensed Premises and deliver the same to the Grantor, Grantee acknowledges that. as long as the MnDot Lease: or its extension is in places Grantor's ability to extend this Agreement is dependent upon whether the Grantor's Lease is extended Grantor agrees that so tong as Grantee requests an extension, and is not in default of its obligations hereunder, and. further assuming that the. use of the Licensed Premises remains appropriate, that it will utilize its best efforts to obtain an extension of the Lease, and if successful, will extend this Agreement as well. Upon the acquisition of the property, Grantor shall be entitled to terminate this License at any time following the giving of 180 days written notice of such :termination. Provided, however, .that such termination must be based upon a failure of the parties to agree upon an appropriate license fee applicable beyond the period described in Section 4.1. Grantor may also terminate the .License after August 13, 2011 based on a good faith determination by the Grantor that the property along ;with the property awned by Grantee located at 695$ Cedar Avenue is needed for redevelopment or other public purposes. 1HD-198267v3 RC160.4 ~d-1 S Page 2 ARTICLE II -USE OF LICENSED PREMISES 2.1 GRANTEE'S USE. During the term of this License, the Licensed Premises may be used only -for the purpose of the temporary parking of passenger motor vehicles for continuous periods of not more that seven days. At Grantor's written direction, the Grantee shall immediately remove from the lot any vehicle, equipment or item that does not in Grantor's reasonable judgment comply with that purpose. ARTICLE III-IMPROVEMENTS 3.1 CONSTRUCTION OF IMPROVEMENTS. The Grantor, acting through its City Council has previously approved the plans and specifications and authorized the advertisement for bids an construction of the parking lot. (City Project 9i7-25-957, the "Project"). Subject to its ability to award the contract, the Grantor will commence and prosecute to completion the construction of the parking lot and related site work all as described in the approved plans for the Project. It is anticipated that the work will be completed so that the parking.lgt will be available for use. by September I5; 2001. 3.2 PAYMENT OF COSTS OF IMPROVEMENTS. The Grantee shall be • responsible to the Grantor for reimbursement of Grantor's. expenses incurred in connection with constructing the Project including the transplanting. of any trees that need to be moved for construction. Following the tabulation of bids for construction of the Project, but prior to the award, the Grantor will confer with the Grantee as to the amount. of the bids. Grantee shall deposit with the Grantor security in a form acceptable to the Cnantor equal to 125% of the lowest responsible bid. The Grantor shall be entitled to draw upon the security to reimburse itself for payments made for construction of the Project. If the Grantee, for whatever reason, does not make such deposit, this Agreement shall become null and void, the parties shall be released-from any further obligation hereunder, and the Grantor shall have no obligation to Grantee to construct the Project. However, the Grantee shad pay the project design and city administration costs incurred prior to the time that this agreement becomes null and void. 3.3 COMPLETION OF CONSTRUCTION--COMMENCEMENT DATE.. Provided that Grantee is not in default of any of its obligations hereunder, and has fully reimbursed the Grantor for the .cost of the Project, the Grantor shall make the Licensed Premises available to the Grantee upon completion of construction of the Project.. The date on which Grantor notifies Grantee that the Licensed Premises are available (or such later date. as-may be stated in the notice) shall be the Commencement Date. 3.4 TREE .PRESERVATION AND PROTECTION. Any trees that need to be removed for the construction shall be transplanted elsewhere on the parking lot site at a location. designated by the Grantor,. Furthermore, any tree that dies within one year of the Commencement Date shall be replaced by the Grantee with a tree of similar variety and of two • and one-half inch caliper. JBD-1982b7v3 RC160~ ~~-~l~ Pale 3 ARTICLE IV -LICENSE FEE 4.1 LICENSE FEE. The parties have determined that the payments made by Grantee for the construction of the Project are equal to the fair value of -the license for ten years. Consequently, the parties agree that for the term. of the license, and for any extension thereof, not to exceed a total time of ten years from the. Commencement Date, no license fee will be charged Grantee. ARTICLE V -TAXES 5.1. TAXES. The Grantee shall be responsible for all. real estate taxes and installments on special assessments which are due and payable. in any year following the Commencement Date and continuing until the termination of this Agreement ar any extensions thereof. ARTICLE VI -UTILITIES • 6.1 CHARGES.. Grantee shall pay for .all. utility. services furnished the Grantee for use on the Licensed Premises. ARTICLE VII - MAINTENANCEAND REPAIRS 7.1 ACCEPTANCE OF LICENSED PREMISES. The Grantee. accepts the Licensed Premises AS IS, and WHERE IS with all faults and defects. Grantee shall. be responsible, at its cost and expense to maintain and .repair the Licensed Premises to the required standards of the City of Richfield, during the term of this Agreement. Grantee acknowledges that the Grantor shall have no obligation of any nature to maintain,. preserve or repair the Licensed Premises. ARTICLE VIII - ALTERATIQIYS 8.1 NOTICE TO GRANTOR. Prior to the initiation of any alterations costing more than $5,000,.. Grantee .shall give Grantor written notice thereof and specify the work to be performed in reasonable detail and- include the names of the. contractors and materialmen to be utilized. After receipt of said notice, Grantor shall have a reasonable period of time during which it shalt make a determination, in its sale discretion, whether or .not to permit the work. Grantee shall .provide Grantor upon request with-any further inforrnationreasonably necessary for such determination by Grantor and Grantee shall not commence work or accept materials prior to receiving written notice of Grantor's determination. • JBD-198267v3 RC16011 ~D-~~ Page 4 ARTICLE IX - DESTRUCTIONAND RESTORATION 9.1 DAMAGED. If a significant .:portion of the Licensed Premises shall be damaged by any casualty whether insured or uninsured, the Grantor shall have no obligation to repair or rebuild the Licensed Premises.. Grantee shall have the option to rebuild or repair or to terminate this License by exercise of notice to Grantor. ARTICLE X -PUBLIC LIABILITY, INDEMNITY 10.1 GRANTEE'S LIABILITY INSURANCE. Grantee shall during the entire term hereof keep in full force and effect a policy of liability and property damage insurance with respect to the Licensed Premises, and the business operated by Grantee, in which the limits of liability shall exceed the Policy limits which Grantee currently carries on the Licensed Premises to cover the automobiles that will be parked on the premises.. T0.2 INDEMNIFICATION, Except for claims arising out of the willful or negligent act of the other party or its representatives, each party shall indemnify and defend the other party against all claims,. expenses and liabilities incurred, including reasonable .attorneys' fees, in connection with loss of life, personal injury, or property damage arising out of any occurrence in, upon or at the Licensed Premises, or the occupancy or'use thereof by -said party, or occasioned • wholly or in part by any act or omission of said party, its agents,. employees, contractors. This; provision shall not be deemed as a waiver of any statutory liability limits available to Grantor. ARTICLE XI - ASSIGNMENT AND SUBLICENSING i 1 NO ASSIGNMENT BY GRANTEE. Grantee may not assign this License to a third party, .including, without limitation, a purchaser of .Grantee's business at 695$ Cedar Avenue, without the prior written., consent of the Grantor. ARTICLEXII -GRANTEE'S DEFAULT 12.1 EVENTS OF DEFAULT. The following events shall be deemed to be events of default by Grantee under this License: (a) Grantee shall fail to pay when due any payments or other charges provided herein, or any .portion thereof and the same shall remain unpaid for a period of ten ~ -~ (i 0} days after the same has become due; or (b) Grantee shall do or permit to be done anything which creates a lien of record upon the Licensed Premises; and does not cause said lien to be released within ten (10} days after written notice from Grantor; or • JBD-19$267v3 RC160-4 Gl~-/S Pa e 5 g (c) Grantee has failed to comply with any other provision of this License and has not cured any failure within thirty (30) days, [five (5) days in the case of non- compliance with Section 2.1 ], or such longer period of time as may be reasonably required to .cure such default, after Grantor, by written notice, has informed Grantee of such noncompliance. 12.2 GRANTOR'S REMEDIES. Upon the occurrence of any of the above events of default, Grantor may without providing a notice of termination, or without affording Grantee an opportunity to cure (except as to matters for which the right to cure is specifically given in this Agreement), immediately notify Grantee of such default and may; with such. notice, retake possession of the Licensed Premises. 12.3 COSTS; EXPENSES .AND ATTORNEYS' FEES. If one party is required to seek legal counsel for collection ar to commence or defend litigation in order to enforce or enjoy the covenants and agreements in this License, the party prevailing in such. collection, litigation shall have the right. to reimbursement from the ..other party of all reasonable. costs, expenses and attorneys' fees. ARTICLEXIII -GRANTOR DEFAi1LT 13.1 DEFAULT NOTICE TO GRANTOR.. Should Grantor .default in the performance of any of the covenants on the part of the Grantor io be kept or performed and such default shall continue far ten {10} days after written notice- to Grantor from Grantee specifying such default, Grantee shall have the same remedy as is available to the Grantor in section 1.2.2 above. ARTICLE Xlly -MISCELLANEOUS PROVISIONS 14.1 COVENANT OF QUIET ENJOYMENT. Grantee, .subject to the terms and provisions of this. License, on payment of the license fee and observing, keeping and performing all of the terms and provisions of this License on its part to be observed, kept and performed, shall lawfully, peaceably and quietly and exclusively have, hold occupy and enjoy the Licensed Premises during the term hereof without hindrance or objection by any .persons lawfully claiming under Grantor. 14.2. ACCESS TO LICENSED PREMISES. Grantee shall allow Grantor and its officers, agents, assigns, contractors and employees access to .the Licensed Premises during regular business hours, on 24 hours` prior notice for purposes of inspecting, surveying, testing and any other pre-demolition activities which are deemed. necessary to the Grantor for purposes of reuse of the Licensed- Premises. The Grantor will use. reasonable efforts not to interrupt or disturb Grantee's business in the course of conducting said activities, and shall indemnify Grantee far any damage to inventory, stock, moveable trade fixtures and. like items occasioned by such activities. • 14.3 SURRENDER OF LICENSED PREMISES. At the expiration or termination of 1BD-198267v3 RCI60-4 Q~-gig Page 6 this License, Grantee shall surrender the Licensed Premises in an "as is" condition, but may remove thereftom ali advertising signs and devices and all other property placed on the Licensed Premises by Grantee. All such items not removed shall forfeit to and be deemed the exclusive property of Grantor. 14.4 LIENS. Grantee agrees not to suffer or allow any liens. to be placed against the Licensed Premises as a result of Grantee's activities during the term of this Agreement; including, without limitation any liens for labor or materials provided for any repair, maintenance, modification, alteration or construction of the Licensed Premises. I4.5 NO DAMAGES, NO RELOCATION BENEFITS. Grantee understands and acknowledges that Grantor is willing to enter into this Agreement and carry out its obligations hereunder only because Grantee has agreed that. it will make no claim for damages upon termination of this Agreement. Specifically, and without limitation of the foregoing, Grantee understands that upon the expiration or other termination of this Agreement,. Grantor has no obligation to provide it with other parking, to compensate it for the value of lost parking, to compensate it for the- impact. of the lost. parking on the value of the business, or on the income or profitability of the business, to acquire the business or any part thereof, to pay or offer relocation benefits or relocation assistance. 14.6 NO PROPERTY INTEREST. This instrument is not a lease, creates no landlord- . Tenant relationship, and nothing in this Agreement will be deemed to create any property interest other than as expressed in this Agreement. 14.7 GOVERNING LAW. The laws of the State of Minnesota will govern. the validity and interpretation of this Agreement. 14.8 NOTICES. Any notice which is required under this License shall. be deemed "given" upon hand delivery or three {3) days after prepaid posting in the U. S. Mail whichever shall first occur. IN WITNESS WHEREOF, the parties hereto have affixed their signatures the day and yeaz first above written. GRANTOR; THE CITY OF RICHFIELD ;~ Martin Kirsch Its: Mayor. By: • Samar a d o IBD-198267v3 RC 160-4 ~ ~- a-a • Page ~ Its: City Manager GRANTEE: TRANSMISSION SHOP, INC. By: Its: Presiden STATE OF MINNESOTA ~ ss.. COUNTY OF HENNEPIN ,/j The foregoing .instrument was acknowledged before me .this i ~Ca day of /~~zc us~ 200L, by Martin Kirsch, the Mayor of the City of Richfield, a Minn ota public corporation, on behalf of the corporation, • • 1BD-198267v3 RC 160-4 ~ ~- ~. ~ • Pa e s g STATE OF MINNESOTA } COUNTY OF HENNEPIN ss.. The oregoing instrument was .acknowledged before me this ~ day of W , 2001, by Samantha Orduno, the City Manager of the City of Richfield, a Mi sofa public co oratio ~~ir~ co ration. FRANCES M. FLEfCtiF3i ~ ~~ • ~ ---~ L-~~:, No~ralav Put~lc-aaa~F.so~u Ct- y1 ~C.~i c._../~ MY COMMISS{oN Public JANUARY 31, STATE OF MINNESOTA } ss.. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this 8-~ ~ day of 2001, by ~, . ~eilS~et~ ,the President ofTransmission Shop, nc., a corporation under the laws of the State of Minnesota, on behalf of the corporation. • -Notary Public wwn. Pa~u,r. eoacHOUT JBD-198267v3 RC 160-4 .Parking Lot at Cedar Avenue and Diagonal Boulevard STAFF REPORT CITY COUNCIL MEETING MAY 27, 2008 • • AGENDA SECTION: CONSENT AGENDA ITEM # 9E REPORT # 129 ~i REPORT PREPARED BY: INTERIM DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRISTINE COSTELLO, COMMUNITY ITEM FOR COUNCIL CONSIDERATION: Consideration of an Environmental Response Fund Grant agreement between the City of Richfield and Henne in Count 's De artment of Environmental Services. I. RECOMMENDED ACTION: By Motion: Authorize an Environmental Response Fund Grant Agreement between the City of Richfield and Hennepin County's Department of Environmental Services. II. BACKGROUND The City of Richfield (City) applied for and was approved to receive a grant of $53,982 for the required investigation and cleanup plan development for potentially contaminated soil at 6700 Cedar Avenue. The City purchased 6700 Cedar Avenue with funds from the Airport Noise Acquisition Program (ANAP) in 2003. The property was originally in the proposed United Bankers' Bank (UBB) site location, but now is a part of the proposed TOLD Development Company, Inc. plan, since UBB withdrew their Preliminary Agreement with the City.. It was during UBB initial environmental work that analysis indicated that there is a "minor" release of groundwater contamination. Though "minor" it is still above the allowed limit by the Minnesota Department of Health (MDH). The funding received from Hennepin County's Environmental Response Fund grant money will assist in the investigation and cleanup development plan that will be 052708-AET ERF Grant Accept DEVELOPMENT SPECIALIST .prepared by American Engineering Testing, Inc. (AET)._ AET did the initial soil borings for UBB during their Preliminary Agreement. The services AET will conduct for the City will define the extent and magnitude of impacts in the soil and groundwater at the lot. In order to determine the extent of impact AET will conduct a number of tests, which include: • Test pits to determine if fuel tanks remain underground and if so, whether they are leaking; and • Advanced soil borings for analysis; and • Nested wells to delineate contaminated plume if necessary to test groundwater and soils for volatile organic compounds. AET will also prepare a Phase II Investigation Report that will be submitted to the Minnesota Pollution Control Agency (MPCA) in order to determine whether the lot will need additional cleanup in order to make the site viable for redevelopment. III. BASIS OF RECOMMENDATION A. POLICY • The City is committed to seeking funding to assist developers to investigate and potentially clean up sites in which the City owns. B. CRITICAL ISSUES • The City is in no way obligated to find funds or to participate financially in the investigation and cleanup of City purchased lots. • The contamination of the site was discovered after the City purchased- - the lot. C. FINANCIAL • If the grant funds are not received there are no funds budgeted for investigation and potential cleanup. This could delay any redevelopment on this site. D. LEGAL • The Agreement is a standard Hennepin County Agreement that has been reviewed by legal counsel in the past. E. ENVIRONMENTAL CONSIDERATIONS • Since the source of the "minor" release of groundwater contamination is unknown, this could potentially impact surrounding lots. • The solvent, PCE was detected. PCE can cause health effects dependant on the length and frequency of exposure. IV: ALTERNATIVE RECOMMENDATION~S~ • Do not enter into the. Agreement V. ATTACHMENTS. • • Environme • Map approved grant amount. rant Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Contract No: A072271 ENVIRONMENTAL RESPONSE FUND GRANT AGREEMENT BETWEEN THE CITY OF RICHFIELD AND FIENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES by and between the County of Hennepin, State of This Agreement is made on Minnesota ("County") at A2300 Government Center, Minneapolis, MN 55487 by and through its Department o Environmental Services ("Department") and the City of Richfield, 6700 Portland Avenue South, Richfield, Minnesota 55423 ("Grantee"). Grantee has made application to the County for a grant to be used for additional environmental investigation and cleanup plan development at the 6700 Cedar Avenue South project site in Richfield, which application is incorporated into this Agreement by reference. In consideration of the mutual promises set forth below, the parties agree as follows: 1. GRANT AMOUNT AND COMPLETION Three Thousand Nine Hundred and Eighty Two Dollars The County shall grant to Grantee a sum not to exceed Fifty erformina activities specified in the Application ($53,982.00) which fiznds shall be only for expenses incurred in p roved b the County. Approved and as may be further described in Exhibit A to this Agreement or as app Y assessment and/or clean-up activities as-may b Grantee are not eligible for reimbursem nhe referred to herein as the "Project". Administrative costs incurred y Grantee agrees to complete the Project within one (1) year of execution of this Agreement and within the terms stated herein. Any material change in ton a or ovaltby Phe,CountylAdmi strato rthe duraton of this Agreement approved in writing by the County. Up pP may be extended for up to twelve (12) months. 2. ACCOUNTING AND RECORD KEEPING For all expenditures of funds made pursuant to this Agreement, Grantee shall keep financial records including properly executed contracts, invoices, and other ods shall be in accordance d ~ generally a c epted accounting d propriety of the expenditures. Accountmb meth principles. the State Auditor, or any of their duly authorized representatives at any time during Grantee agrees that the County, shall have access to and the right to normal business hours, and as often as they may reasonably dee a ers, records, etc., which are pertinent to the examine, audit, excerpt, and transcribe any books, documents, p p accounting practices and procedures of Grantee had be in forceand effect durmg the pleriod of the Agreementtandls shall be maintained and such access and nghts s for six (6) years after its termination or cancellation. 3. PAYMENT/DISBURSEMENT SCHEDULE will disburse funds to Grantee pursuant to this Agreement, based on a payment request form provided by the County roved b the County. Payment requests can be submitted once per month and County, submitted by Grantee and app Y must be accompanied by supporting invoices that relate to activitieTO ahof conrsistenProWe~hbad A • Bement, the Y gr verification of adequacy of a written disbursement request and app County will disburse the requested amount to Grantee within six (6) weeks after receipt of a written disbursement • request. ~~~~ • EMNIFICATION 8. IND the County, its officials, officers, agents and employees Grantee agrees to defend, indemnify and hold harmless, from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omissithat directlt or indireclacbenefits from t e tors Y y or anyone directly or indirectly employed by them, and/or any party activities specified in this Agreement, and/or any Bement and against a~loss by reason o the falure of Grantee to performance of the activities specified in this Agr perform fully, in any respect, all obligations under this Agreement. 9. INSURANCE Grantee agrees at all times In order to protect the County and those listed above under the indemnification provision, during the term of this Agreement and beyo do likewise, the followmglinsurtance coerages under eithe~ a purchased kept in force, and to cause all contractors t insurance or self-insurance program: 1, Commercial General Liability on an occurrence basis, with Contractual Liability Lomirage: $2,000,000 General Aggregate QQ a ate' 2,000,000 Products-Completed Operations A~~r g 1,000,000 Personal and Advertising Injury Each Occurrence - 1,000,000 Combined Bodily Injury and Property Damage 1,000,000 2, Automobile Liability eCO dama es ogvering owned, non-oewned~and hired • bodily in ury and prop rty b automobiles. 3, Workers' Compensation and Employer's Liability:. Statutory a. Workers' Compensation If the contractor is based outside the State of Minnesota, coverage must apply to Minnesota laws. b. Employer's Liability. Bodily Injury by: 500,000 Accident -Each accident 500,000 Disease -Policy Limit 500,000 Disease -Each Employee Q e~ate 1,000,000 4. Professional Liability -Per Claim and Abgr b The insurance must be maintained continuously for a period of two years after the termination of this Agreement. Grantee shall require that any independent contractoee of thee insurancercovera ~s listed abovec andlprovide updated Agreement furnish certificates of insurance to Gran certificates as coverages expire. An umbrella or excess policy over primary liability. coverages is an acceptable method to provide the required insurance limits. The above establishes min~n ~ ~an~ cWhich may besneededm onnecton wbth thisf Agreement. determine the need for and to procure addrt • Copies of policies shall be submitted to the County upon written request. Grantee-shall not commence work until it and any contractors have obtained the required proof of insurance which clearly evidences required insurance coverages. ~i~-3 • • COUNTY BOARD APPROVAL GRANTEE, having signed this agreement, and the Hennepin County Board of Commthe oror er Countyuly approved this agreement on the of , 2008, and pursuant to such approval , p P officials having signed this ab eement, the parties hereto agree to be bound by the provisions herein set forth. Reviewed by the County Office ~~, Assistanf~County Att ~rney Date: COUNTY OF HENNEPIN STATE OF MINNESOTA B , - air of Itsl Co/un oard Date: ~I f`f( ATTEST: ~-~~-~~ Duty/ Jerk o County Boaz By. ty Administrator Rich d P. Johnson, Date: y ~~a By: / ' ---s~ Assistant County Administrator, Public Works Date: Recommended for Ap royal By: ~p ~ ' IJirector, Department of Environmental Services Date: `-~ ~ Z ~ GRANTEE Grantee certifies that the person who executed this Ab eement is authorized to do so on behalf of Grantee as required by applicable articles, bylaws, resolutions or ordinances.* Name: F RICHF L , ` ~ By: ; en L. Devic ,City Manager Date: 3 -' -~ - O S b laws, resolutions or ordinariees) that confirms the *GRANTEE shall submit applicable documentation (articles, y signatory's delegation of authority. This documentation shall be submitted at the time Grantee returns the Agreement to • the County. Documentation is not required for a sole proprietorship. HCA Form No. 101 2008 (Revised 11/07) ~~-y • Exhibit A City of Richfield Project Summary: The project site consists of a 0.4-acre vacant lot that was previously occupied by an American Fame y Mutual Insurance Company auto claims service center and, before that, a Shell service station. The parcel is part of a 2.5-acre commercial redevelopment project. The solvent, PCE, was detected in groundwater samples from the property during a limited Phase II investigation. According to the City's redevelopment plans, atwo- to three-story office building with possible retail on the ground floor will be constructed on this property. The redevelopment of this property is a result of the construction of the new north-south runway at the MSP airport. ERF assistance is requested for the additional investigation and cleanup plan preparation costs. The following costs are based on a budget submitted by Grantee. Modifications must be approved in writing by the County. Approved Budget for the 6700 Cedar Avenue South Project Site: Additional Environmental Investigation and Cleanup Plan Development Total: $ 53,982 r Required Documentation to be Submitted to Hennepin County: Consultant/Contractor/MPCA Invoices Final Investigation and Remedial Action Plan Reports MPCA Approval letters Annual Project Progress/Summary Report(s). • E-1 6700 C ~ ~/ ~ edarAvenue South current condition: Vacant Lot 20 "° e° 120 ,6° Feet f Y u • • AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING MAY 27, 2008 CONSENT 9F 130 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY .CITY MANAGER: d d MARK L. HALL, FLEET & PARK SUPERVISOR ITEM FOR COUNCIL CONSIDERATION: Consideration of the purchase of a new sweeper/scrubber for use by the Garage Maintenance Division. I. RECOMMENDED ACTION: By Motion: Approve the purchase of an Advance sweeper/scrubber from Forklifts of Minnesota#or $39,127.00 plus tax. II. BACKGROUND The new City Maintenance Facility will have approximately 72,000-sq. ft. of floor space that will need to be swept and scrubbed on a regular basis: Our street sweepers cannot be used because they are too large and will not fit into the basement areas or the .tuck under areas of the main shop. Also, they are not capable of washing the floor, only sweeping it. Purchase has been coordinated through the State of Minnesota Cooperative Purchasing Program. Under this program, the State of Minnesota solicits bids from a variety of dealers for specific motor-pool equipment. The low bidder for the type. of equipment required is then awarded a contract to supply equipment to the participating members of the Cooperative Purchasing Program at the low bid. price. The City of Richfield participates in this. program. III. BASIS OF RECOMMENDATION 052708sweeperscrubber.doc i A. POLICY • The City of Richfield participates in -the Minnesota State Cooperative Purchasing Program B. CRITICAL ISSUES Approval at the May 27, 2008 Council meeting will facilitate timely delivery of the sweeper/scrubber. C. FINANCIAL. • Funding for this .machine will be from the Furniture, Furnishings & Equipment funding of the building project. D. LEGAL • When the purchase price of materials, merchandise, equipment, or construction exceeds $25,000.00, authority to purchase shall be submitted to the City Council for consideration. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Council may delay approval to a later meeting. Delayed approval, however, will result in delayed delivery. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT METING • None • • AGENDA SECTION: CONSENT AGENDA ITEM # 9G REPORT # 13 j J STAFF REPORT CITY COUNCIL MEETING LJ MAY 27, 2008 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BRIAN YOUNG, UTILITY SUPERINTENDENT NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of purchase of new Reactor Mixer for Water Treatment Plant. RECOMMENDED ACTION: By Motion: Approve the purchase of a new Reactor. Mixer from Lightnin Mixers and Aerators for the Water Treatment Plant in the amount of $40,200. • IL BACKGROUND The 2008_ Water Utility Budget includes the replacement of the two reactor mixers. Reactor mixers are used to mix the raw water with lime slurry and polymer to start the softening process. One of the existing mixers failed in December 2007 and was replaced with Council approval on February 12, 2008 at a cost of $36,125. The other mixer is now failing and repair is not feasible since many parts needed for repair are obsolete and not manufactured any longer. J Since the estimated cost for the replacement of the second motor was less than $50,000, the formal bidding process was not required. Two quotes were obtained; one from Philadelphia Mixing Solutions. at $41,340 and the other from Lightnin Mixers and Aerators at $40,200. The 2008 Water Utility Budget identified $28,000 for the replacement of both mixer motors. The cost of the replacement is significantly higher than expected. The new motors produce more torque than the old motors, so the structural framing around 0527Reactor Mixer the motor needs to be strengthened at the same time the motor is installed. With the • ~ bids now received, the total cost for motor and framing for both units is $76,325 ($36,125 and $40,200). In order keep the 2008 Capital Expenditures of the 2008 Water Utility Budget within the total budgeted amount, the replacement of the troughs in the clarifier ($75,000) will be removed in the 2008 Revised Budget and reconsidered in the 2009 Budget. III. BASIS OF RECOMMENDATION A. POLICY • The City can contract up to $50,000.00 by obtaining quotes. • The lowest quote was provided by Lightnin Mixers and Aerators in the amount of $ 40,200. B. CRITICAL ISSUES • The reactor mixer-needs to be replaced quickly in order to meet the • summer water demands. • Approval at the May 27 Council Meeting will facilitate delivery of the new mixer. C. FINANCIAL • The replacement of this mixer was provided for in the approved 2008 • budget (line Item 51000 - 7350, $28,000 - to be revised to $40,200 in • the 2008 Revised Budget). D. LEGAL • All contracts and purchases in excess of $25,000.00 require Council approval E. ENVIRONMENTAL CONSIDERATIONS • Anew reactor mixer is necessary to continue providing the environmentally safe and high quality water for the City of Richfield. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may choose to reject all quotations and direct stafF to obtain more quotations, however, staff does not believe. we can obtain a better price from a reputable contractor. V. ATTACHMENTS ' • None • VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • AGENDA SECTION: PIIBLIC HEARING AGENDA ITEM # 11 REPORT # 132 ~~' STAFF REPORT CITY COUNCIL MEETING MAY 27, 2008 {' ~ LJ REPORT PREPARED BY: INTERIM DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: JULIE URBAN, INTERIM HOUSING SPECIALIST ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of a Transitory Ordinance authorizing the sale of the pro ert at 7316 Clinton Avenue to the Housin and Redevelo ment Authorit . I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve second reading of a Transitory Ordinance authorizing the sale of 7316 Clinton Avenue to the Housing and Redevelopment Authority for affordable new home development. • II. BACKGROUND A representative of the owner of 7316. Clinton Avenue approached staff and expressed interest in selling the property to the City. The house was built in 1938, ° has two bedrooms and 838-square feet of living space. The house is situated at the rear of the lot and is in need of repairs. The house is located on a double lot with .approximately 12,742-square feet. A lot split would be requested of the Council in the future, each lot providing asingle-family-housing opportunity. The property has been appraised at $150,00, and the City Council approved a resolution authorizing the purchase of the house for that amount at its April 22, 2008 meeting (although the closing on the transaction is yet to occur). The costs to acquire and demolish the home are being covered by a Community Development Block Grant (CDBG) and the HRA's Housing Fund; there will be no costs borne by the City's general fund. 052708 2nd Reading - 7316 Clinton Acquis The property would be conveyed to the Housing and Redevelopment Authority . (HRA) and developed for affordable housing under the New Home Program. Established in 1978, the New Home Program allows the City or HRA to purchase substandard property, demolish the existing home and sell the property to a nonprofit developer with plans to build a new affordable home. A number of steps would follow acquisition of the property: • A subdivision waiver would be requested to divide the lot into two 50-foot lots. • A nonprofit would be selected as a developer. • A house concept and Development Agreement between the developer and the HRA would be prepared. III. BASIS OF RECOMMENDATION A. POLICY • The property will be purchased with Housing Fund and CDBG funding. Use of these funds to buy small substandard houses and to construct affordable new homes with a nonprofit developer has been a successful program model for the HRA that the City has supported. • On March 24, 2008 the Planning Commission found the acquisition and disposition of 7316 Clinton Avenue for single family housing purposes to be consistent. with the Comprehensive Plan. • • The City conveys property through a Transitory Ordinance/Public Hearing process. • The City Council approved a resolution authorizing the purchase of the house for an amount of $150,000 at its April 22, 2008 meeting (although the closing on the transaction is yet to occur). B. CRITICAL ISSUES • The owner has moved and. wants to sell the vacant home to the City/HRA. • The HRA approved the acquisition on May 19, 2008. • Acquisition for demolition and redevelopment on sites scattered throughout Richfield has been well received. The neighborhood will be invited to participate as the new housing concept is developed. • A small house with limited remodeling potential will be replaced with two newly constructed three to four bedroom houses. • The use of CDBG funds requires that households with income less than 80 percent of median income be served. A family of four would need to have an income of less than $59,600 to qualify. C. FINANCIAL • CDBG funds will cover approximately $32,000 of the purchase price. • The funds are from 2007 and should be spent by the end of June, 2008. Housing Fund resources administered by the HRA would cover the remainder of the purchase. The 2008 HRA budget provides for this expense. • When CDBG funds are used, the City acquires the property and then • sells the property for $1 to-the HRA. If the City acquires the property first, any program income (i.e. repayment of second mortgage) can be retained by the HRA for housing programs. If the HRA purchases the property directly, program income must be paid back to Hennepin County. • The City Council approved a resolution authorizing-the purchase of the house for an amount of $150,000 at its April 22, 2008 meeting (although the closing on the transaction is yet to occur). • No relocation assistance will be paid to the owner because this is a voluntary acquisition and it is not part of a larger project. D. LEGAL • First reading of the Transitory Ordinance was held on April 22, 2008. • The Council approved a resolution authorizing the purchase of the property on April 22, 2008. • A legal notice of the public hearing was published in the Sun Current on May 15, 2008. E. ENVIlZONMENTAL CONSIDERATIONS • The Department of Housing and Urban .Development made a finding that the project would not significantly impact the quality of the human . environment, as required by CDBG regulations. • The construction of new homes provides an opportunity for greater energy efficiencies than the current 1938 structure provides. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not sell the property to the HRA. V. ATTACHMENTS • .Transitory Ordinance • Land Use Map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A • ~ l-~ TRANSITORY ORDINANCE NO. AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA (7316 CLINTON AVENUE) The City of Richfield Does Ordain: Section 1. The following described real properties located in the City of Richfield, County of Hennepin, State of Minnesota, are hereby authorized to be sold, transferred or otherwise disposed of and conveyed by the City as herein provided: 7316 Clinton Avenue South Lots 4 and 5, Block 4, Blairs Wooddale 3~d Addition, Hennepin County Section 2. The Mayor and City Manager are hereby authorized to take all action as is required to sell, transfer, or otherwise dispose of and convey the real property described in the foregoing Section 1, including, by way of illustration and not limitation, the execution of all • documents, purchase agreements, deeds of conveyance, and other instruments connected with such sale, transfer or disposition and conveyance. Passed this 27th day of May, 2008 by the Richfield City Council. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • 052708 2nd Reading - 7316 Clinton Acquis 11-a- 7316Clinton Avenue • 4^i Q I Z 0 U ST E i c r a ~ b 73RD ST E I • 731 N I Z .Z ~ Z N ~ J ~ I iV i U N ,y ~ a Land Use gT E _ Commercial ~ i _ Industrial N Mixed Land Use ~ W _ Multiple Family ~~ Duplex N N N y N Residential _ Public SCh001 ~ ` ` ` a _Quasi-Public ® Church "-_'^ ~ ,.-<:~~ _ Park _ _ Railroad ~ ~~~ Vacant ~ N 0 125 250 500 Feet w~E S May 27, 2008 • AGENDA SECTION: AGENDA ITEM # REPORT # PROP. OR 7N N .~ 133 MAY 27, 2008 • • REPORT PREPARED BY: ACTING DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: STAFF REPORT CITY COUNCIL MEETING CORRINE HEINE, CITY ATTORNEY NAME, TITLE ITEM FOR COUNCIL. CONSIDERATION: First reading of an ordinance amending Section 930 of the Richfield City Code; relating to re ulation of noise I. RECOMMENDED ACTION: By Motion: • Approve a first reading of an ordinance amending Section 930 of the Richfield City Code; relating to regulation of noise; and, • Schedule a second reading for June 10, 2008. II. BACKGROUND City staff recently determined that the City's ordinances regarding maximum noise limits purports to establish a standard that is-.more strict than the noise limits established by the Minnesota Pollution Control Agency rules. State law prohibits cities from adopting noise limitations that are more strict than the State regulations. City staff has proposed an amendment that would bring the City Code into conformance with State law. The existing ordinance also refers to the State rules by an outdated form of citation. The proposed amendment updates the ordinance to the current form of citation. Second reading would be scheduled for June 10, 2008. 0527 First Reading of Ordinance Regulating Noise • III. BASIS OF RECOMMENDATION A. POLICY • .State law prohibits the City from adopting noise limitations that are more stringent that those established by State rules. B. CRITICAL ISSUES • The proposed ordinance conforms the City's noise regulations to those in State law. The ordinance adopts State regulations by reference rather than repeating the contents of the State rules in the City ordinance. This manner of adopting State rules should assure that the City and State regulations will remain consistent. C. FINANCIAL • N/A D. LEGAL • The proposed ordinance will conform City noise limits to State law • A. ENVIRONMENTAL CONSIDERATIONS • The noise limits established in the amended ordinance will be legally enforceable. IV. ALTERNATIVE RECOMMENDATION~S~ • None. V. ATTACHMENTS • Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. r~ U I ~s BILL NO. . AN ORDINANCE AMENDING SECTION 930`OF THE RICHFIELD,CITY CODE; RELATING TO REGULATION OF NOISE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 930.01 of the Richfield City Code is amended to read as follows: 930.01: Subd. 3. "Motor vehicle" means (i)-any self-propelled vehicle not operated exclusively upon railroad tracks, (ii) any vehicle propelled or drawn by any self-propelled vehicle, except snowmobiles. Sec. 2. Subsection 930.03 of the Richfield City Code is amended to read as follows: 930.03. Adoption of regulations by reference. The following state agency regulations are adopted by reference: Minnesota Pollution Control Agency, Noise Pollution Control Section, F nnraR SS4 2004 and NPS' ~ Minnesota Rules Chapter. 7030, as amended. • Sec. 3. Subsection 930.05 of the Richfield -City Code is amended to read , as follows: 930.05. Receiving land use standards. Subdivision 1. Maximum noise levels by receiving land use district. ratannni cnarifiarl tharAin ~nihr~n For- purposes Of enfOrCing maximum noise levels by the receiving land use district as established by state rules. noise levels will be measured at the property line of the receiving use which is closest to the source. • Subd. 2. Exceptions. .The nnica limits nracrrihari in ciihrli~iicinn 1 shall not annly to thA following exceptions to the maximum noise limits established by state rules -shall apply: 333713v1 CAH RC160-3 3 r a-~. (a) construction activities described in subsection 930.09. (b) situations in which public health and safety require that immediate work be done on any property the perFormance of which exceeds the sound levels permitted for that time of day or for that day. (c) situations in which the purpose of the sound is to alert persons to an emergency or for the purpose of testing any alarm system. Sec. 4. Subsection 930.13 of the Richfield. City Code is amended to read as follows: 930.13. Motor vehicles. Subdivision 1. General restrictions. No person may operate a motor vehicle or combination of vehicles in such a manner as to exceed the noise limits contained in Pollution Control Agency Rules, FiAQCAB 4 Anna Minn. R. 7030.1000-1060. as amended. Sec. 5. This ordinance shall be effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the :City of Richfield, Minnesota this • day of , 2008. ATTEST: .Debbie Goettel, Mayor Nancy Gibbs, City. Clerk n U 333713v1 CAH RC160-3 4 n AGENDA SECTION: PROP. ORDINANCE 13 134 AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING MAY 27, 2008 REPORT PREPARED BY: DEPARTMENT DIlZECTOR 1~ REVIEW: REVIEWED BY CITY MANAGER: CHARLIE O'BRIEN, CODE COMPLIANCE OFFICER NA,1~, TI77.E ITEM FOR COUNCIL CONSIDERATION: Second reading of an ordinance amendment establishing regulations for the storage of oversize vehicles in residential districts. I. ~ RECOMMENDED ACTION: By Motion: • Approve the ordinance amendment establishing regulations for the storage of oversize vehicles in residential districts. • Approve the resolution authorizing summary publication of the ordinance amendment. II. BACKGROUND At a Council work session in July 2007, staff presented information regarding similar ordinances from other cities and research material on various types and sizes of vehicles, illustrating that regulating storage of vehicles by vehicle weight could allow for the storage of very large vehicles. on residential property, while still meeting the weight restrictions of our current ordinance. Staff was instructed, after discussion with Council, to prepare a draft ordinance . addressing vehicle storage in residential districts by dimension and stating the dimensions to be allowed. 0527 Second Reading of Ordinance Amendment on Storage of Oversize Vehicles The proposed ordinance defines oversized vehicles as any vehicle that exceeds twenty-two feet in length; or seven and one half feet in width or seven and one half • feet in height. The provisions of this proposed ordinance do not apply to recreational vehicles or buses converted to recreational vehicles as defined by other sections of the City Code. The first reading of the amendment to the ordinance was conducted on May 13, 2008. III. BASIS OF RECOMMENDATION A. POLICY Richfield City Code section 1.320 does not allow: vehicles that are in excess of one ton; a bus designed to carry more than nine passengers; any tractor, truck-tractor, ortruck-trailer to be stored on residential property. This method is problematic for several reasons: • There has been a trend toward larger and larger vehicles being owned by citizens and being kept on residential property in general. The proliferation of larger and larger SUVs and Pickups is obvious. Some vehicles are kept for commercial purposes but many are not. They • are still in violation of the ordinance. • There is a trend in business. for individuals to be employed by a firm but seldom going to a facility owned by the firm. Service industries commonly ship. the items needed by their employees to their homes and provide a vehicle that the individual uses daily for business but stores at his residence. • Staff has difficulty determining the weight of vehicles in a manner that allows for easy enforcement that can be understood easily by citizens as well • Vehicles can be very large while not being in violation of the current restrictions by weight. For example, a large cube van used for delivery may not be in violation of our weight standard but may have a high impact on surrounding properties. B. CRITICAL ISSUES • Richfield City code section 1320 does not allow for vehicles that are in excess of one ton, a bus designed to carry more than nine .passengers, or any tractor, truck-tractor, ortruck-trailer to be stored on residential property. C. FINANCIAL. • • N/A D. LEGAL • N/A • E. ENVIRONMENTAL. CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • .Council could decide to make no changes to the current ordinance. This would, however, prohibit residents whose every day vehicle or truck is over the one-ton limit from .parking their vehicle on their property without risk of receiving a violation notice and possible enforcement action while allowing the storage of oversize vehicles on residential properties that did not cross the current regulatory weight threshold to impact surrounding properties. V. -ATTACHMENTS • Ordinance No. amending Richfield City Code, Section 1320. . • Resolution No. approving the amendment to City Code, Section 1320, with Summary Publication. VI. PRINCII'AL PARTIES EXPECTED AT MEETING • None C7 • ~' RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. WHEREAS, the City has adopted the above referenced ordinance; and WHEREAS, the verbatim text of the ordinance is cumbersome,- and the expense of publication of the complete text is not justified; and WHEREAS, the following summary clearly informs the public of the intent and effect of the ordinance. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. AN ORDINANCE RELATING TO ENFORCEMENT OF THE CITY CODE; RELATING TO THE PROHIBITION OF THE STORAGE OF OVERSIZE VEHICLES IN RESIDENTIAL DISTRICTS; AMENDING SUBSECTIONS 1320.01 THROUGH 1320.05 OF THE RICHFIELD CITY CODE On May 27, 2008, the Richfield City Council adopted an ordinance designated as Bill No. ,the title of which is stated above. This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. - • The ordinance establishes a definition and dimensions for "Oversize Vehicles" in residential districts based in general upon the size of the vehicle. The ordinance establishes maximum dimensions, of twenty-two feet (22') in length; or, seven and one half feet (7.5') in width; or, seven and one- half feet (7.5') in height as the maximum allowable dimensions for a vehicle to be allowed to be stored on property within residential districts within the City. Exceeding any one of these dimensions would make the vehicle an "Oversize Vehicle" and prohibit its storage on residential property within the City. The previous language regulating vehicle'storage by weight is repealed. This ordinance change does not affect Recreational Vehicles as defined elsewhere in this code. Copies of the ordinance are available for public inspection in the office of the City Clerk during. normal business hours or upon request by calling 612-861-9800 of the Public Safety Department. Nancy Gibbs; City Clerk BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of the ordinance in her office at City Hall for public inspection -and to post a full copy of the ordinance in a public place in the City for a period of two weeks. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of May, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk l3-a CITY OF RICHFIELD STATE OF MINNESOTA ORDINANCE NO, AN ORDINANCE AMENDING THE CITY CODE PERTAINING TO PARKING AND STORAGE OF OVERSIZE VEHICLES IN THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 1320.01 of the Richfield City Code is amended to read as follows: Section 1320: Parking: outside storage. .1320.01. Declaration of nuisance. The outside parking or outside storage, on or near residential district properties, of vehicles, materials, .supplies or equipment not customarily used or needed for use in connection with the occupancy of residential property for residence residential purposes, is found to create a nuisance and detrimental influence upon. the public health, safety, prosperity, good order and general welfare in such distxirt residential districts, including; obstruction of view on streets and on private properties, bringing unhealthful and noisome odors and materials into .residential neighborhoods, creating a' cluttered and otherwise • unsightly areas, preventing the full use of residential streets for residential parking, introducing commercial advertising signs into areas where commercial advertising signs are otherwise prohibited, and otherwise adversely affecting residential property values and neighborhood patterns. Sec. 2. Section 1320 of-the Richfield City Code is amended by adding a subdivision to read as follows: 1320.02. Definition: Oversize Vehicle: Any vehicle whose dimensions exceed twenty-two feet (22') in length; or, seven and one half feet (7.5') in width• or seven and one half feet (7.5') in height, exclusive of any additional racks or equipment Measurements to conform to this standard shall be taken with tires inflated to manufacturer specifications and on a flat, smooth, impervious parking surface. The length of any Oversize Vehicle shall be measured from end to end includina any hitch. Sec. 3. Subsection 1320.03 of the Richfield City Code is amended- to read as follows: 1320.03. Unlawful parking. It is unlawful for any person owning, driving or in charge of a vehicle of any of the types hereinafter specified as an Oversize Vehicle to cause or ,permit such vehicle to be parked or to -stand continuously for more than twn four hours on any residential property or on any public street directly abutting residential districts within the city. This prohibition applies to the following vehicles and other similar vehicles. ~ 3 -3 (a) Ally bUS riasinnari to rarrv mnrP than nines narennc Other than a bUS COnVerted t0 • an RV as allowed by other sections of the city code. (b) Any mntnr to irk nr nirki in to Eck havinn a ranarity of nna tnn nr mnra OVerSIZe Vehicle as defined in this section on any city street unless a Right of Way Obstruction Permit has been issued by the Public Works Department. (c) Any tractor, truck-tractor, truck-trailer or any type of trailer defined as an Oversize Vehicle in this section. Sec. 4. Subsection 1320.05 of the Richfield City Code is amended to read as follows: 1320.05. -Exceptions. This section does not apply to the following vehicles: (a) A motor truck, pickup truck or similar vehicle being used by a public utility, moving company, or similar company, which is actually being used to service a residence not belonging to or occupied by the operator of the vehicle; (b) Any vehicle engaged in emergencv response by the City, County State or any other agency responding to requests for mutual aid in an emergencv situation or time of disaster; • (c) A private public service vehicle, such as but not limited to; BOOkmobiles Bloodmobiles, Public Health/Medical Diagnostic mobile units, or other public service vehicles as approved by the Director of Public Safety; ,(~ A vehicle which is actually making a pickup or delivery at the location where it is parked. Parking for any period of time beyond the period of time reasonably necessary to make such pickup or delivery and in excess ,of the #~acn four hour limit shall be unlawful; or (e) Recreational vehicles and equipment as defined by this code. (f) Oversize or commercial vehicles in non residential areas as allowed elsewhere in this code. Sec. 5. This ordinance .will become effective in accordance with Section 3.09 of the City Charter. Adopted this 27th day of May, 2008. Debbie Goettel, Mayor • ATTEST: Nancy C. Gibbs, City Clerk • AGENDA SECTION: PROP. ORDINANCES AGENDA ITEM # j 4 REPORT # 13 5 STAFF REPORT CITY COUNCIL MEETING MAY 27, 2008 C] REPORT PREPARED BY: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NAME, Tr7zE INTERIM DEPARTMENT DIRECTOR REVIEW: SIGNATZ7 REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Conduct a second reading of a Ordinance amendment that would require all new single-family homes constructed in the City to include aone-car garage and all new homes exceeding 1,200 s uare feet to include atwo-car ara e. I. RECOMMENDED ACTION: By Motion: Approve second reading of amendments to Richfield City Code Subsections 514.14, Subd. 3; 518.15 Subd. 3; and 522.15 Subd. 4 to require construction of a one-car garage for all new single-family homes and atwo-car garage for all new single-family homes over 1,200 square feet. IL .BACKGROUND The City Code currently requires that new single-family dwellings either include garage space for two vehicles or designate space on the lot for future construction of such garage space without requirement of variances. The proposed Ordinance change will remove the option of designating space for future construction of the garage. All new homes will be required to include at least aone-car garage and designate space on the lot for future construction of an additional stall. New homes that will exceed 1,200 square feet will be required to construct atwo-car garage. To be excused from these requirements, an applicant would need to apply for a variance and meet the specified variance criteria (undue hardship, unique circumstances, will not alter the neighborhood character, minimum variance to alleviate the hardship). 052708 - 2nd Reading require garages III. BASIS OF RECOMMENDATION A. POLICY • The current policy does not require that a garage be constructed, just that space be available for its construction in the future if the property owner decides to add a garage. • The proposed policy will require the construction of a one-car garage for all new homes. Space for the construction of an additional stall must be reserved. • The proposed policy will require the construction of a two-car garage for all new single-family homes exceeding 1,200 square feet. • Two-family and cluster home developments currently require the provision of two spaces per dwelling, one of which is enclosed within a garage. This requirement will not change. • For the purposes of this Ordinance only, each vehicle stall is required to be not less than 10 feet in width by 20 feet in depth. This requirement will not change. B. CRITICAL ISSUES • This issue is being addressed at the request of the Council. • Homes without a garage are considered sub-standard by some. • Square footage for the most recent new homes constructed in the City are as follows: 0 1,224 sf 0 1, 642 sf* 0 1,127 sf* 0 1,592- sf* 0 1,663 sf* * Indicates homes constructed under the City's New Home Program (constructs new affordable homes). • The requirement of two-car garages for homes over 1,200 square feet could impact the ability of developers to build affordable housing. Developers may ask the City for additional subsidies to -off-set additional costs. • The criteria for a variance are not easy to meet and the City is not in the habit of issuing many variances from Code requirements. However, it is important to have a mechanism in place to address unusual or unforeseen circumstances. • It is the opinion of the City Attorney that State Statute requires the City to allow property owners to submit applications for variances from the proposed Ordinance. This does not mean that variances will be granted. As mentioned above, applicants must :meet the specified variance criteria. • In regard to the particular criteria necessary, variances may not be granted based on economic conditions alone. Therefore, an owner would not be granted a variance simply by claiming that it is too costly to build a garage. Additionally, it would be difficult for an owner to establish that the garage requirement creates an undue hardship because, as discussed at the May 13, 2008 meeting, even on a small lot, it would be possible to comply with the requirement by constructing a "tuck-under" garage. C. FINANCIAL • Construction costs will increase for new home builders who were not planning to provide the garage space that will not be required. • In the case of construction of new affordable single-family housing, the requirement to construct a garage may impact whether the construction is feasible. Housing programs such as the New Home Program may be adversely impacted by this additional requirement. • Affordable .home developers may ask the City to provide additional funds to help off-set the additional construction costs. D. LEGAL • State Statute requires that the City allow property owners the opportunity to submit applications for variances. • A public hearing was held before the Planning Commission on April 28, 2008. No members of the public spoke on this issue. • The Planning Commission voted to recommend approval of this item (8-1, Schuller dissenting). • A first reading of this Ordinance was held on May 13, 2008. • If adopted, the Ordinance amendments will take effect 30 days following publication in the Sun Current. E. ENVIRONMENTAL CONSIDERATIONS • The requirement of garages, specifically two-car garages, will cut down on green space and increase impervious surface and surface water run-off. IV. ALTERNATNE RECOMMENDATION(S~ • Approve an Ordinance requiring the construction of a one-car garage and the reservation of space for a second stall (without the need for variances) for all new single-family homes. • Deny approval of the attached Ordinance.. V. ATTACHMENTS • Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING N/A BILL NO. • AN ORDINANCE RELATED TO ZONING; AMENDING SUBSECTION 514.15, SUBDIVISION 3; SUBSECTION 518.15, SUBDIVISION 3; AND SUBSECTION 522.15, SUBDIVISION 4 OF THE RICHFIELD CITY CODE TO REQUIRE CONSTUCTION OF A ONE-CAR GARAGE FOR ALL NEW SINGLE-FAMILY HOMES AND ATWO-CAR GARAGE FOR ALL NEW SINGLE-FAMILY HOMES OVER . 1,200 SQUARE FEET THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 514.15, Subdivision 3 and Subsection 518.15, Subdivision 3 of the Richfield City Code are amended to read as follows: Subd. 3. Garage planning. Building plans submitted after d-u~~9~ [the effective date of this ordinance] for new single-family dwellings 1 200 square feet or less shall include garage space for not less than-twe one vehicles;-er and shall designate area{} on the lot for future construction of sdsla-garage space for a second vehicle that lees will not require any variances. Building plan submitted after fthe effective date of this ordinancel for new single-family dwellings over 1.200 square feet shall include garage space not less than two vehicles. For the purposes of this subdivision only, each vehicle shall require a garage space of not less than 10 feet in width by 20 feet in depth. • Section 2 Subsection 522.15, Subdivision 4 of the Richfield City Code is amended to read as follows: Subd. 4. Garage planning. Building. plans submitted after dt~ea-,-a-9~95 [the effective date of this ordinance] for new single-family dwellings 1,200 square feet or less shall include garage space for not less than-twe one vehicles-;-er and shall designate area{s~ on the lot for future construction of sash-garage space for a second vehicle that lees will not require any variances. Building plan submitted after fthe square reef snail inciuae garage space not less tnan two venic~es. ror the purposes of this subdivision only, each vehicle shall require a garage space of not less than 10 feet in width by 20 feet in depth. Section 3 This Ordinance. is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this day of 2008. Debbie Goettel, Mayor ATTEST: • Nancy Gibbs, City Clerk 052708 - 2nd Reading require garages • AGENDA SECTION: PROP.ORDINANCES AGENDA ITEM # 1S REPORT # 136 STAFF REPORT CITY COUNCIL MEETING • MAY 27, 2008 REPORT PREPARED BY: INTERIM DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: MELISSA POExI,MAN, PLANNING & ITEM FOR COUNCIL CONSIDERATION: Consideration of a second reading of an .ordinance incorporating the provisions of the 2004 Minneapolis - St. Paul International Airport Zoning Ordinance and creating an overlay zoning district in which the rovisions will a I . I. ~ RECOMMENDED ACTION: • By Motion: Approve second reading of an ordinance. incorporating 2004 Minneapolis - St. Paul International Airport Zoning Ordinance requirements; amending Richfield City Code Subsection 512.01, Subdivision 1; amending Richfield City Code Subsection 512.03; amending Richfield City Code by adding new Subsection 512.13; and amending Appendix 1 of the Richfield City Code by adding new Section 18. • By Motion: Approve the at#ached resolution authorizing summary publication of an ordinance incorporating the 2004 .Minneapolis - St. Paul International Airport Zoning Ordinances. II. BACKGROUND • - In 2004, the Wold -Chamberlain Field Joint Airport Zoning Board (JAZB) adopted an amended Minneapolis - St. Paul International Airport Zoning Ordinance (MSP Ordinance). The MSP Ordinance takes precedent over municipal ordinances related to height restrictions and land use within certain areas in .the City that are in the vicinity of the Airport. 052708 - 2nd Reading JAZB provisions and summary pub ZONING ADMINISTRATOR The proposed overlay district shall apply to all land within the City falling within the designated Safety Zone B and Safety Zone C (see attached maps). Safety Zone B generally prohibits the following land uses: • Amphitheaters; • Campgrounds; • Churches; • Fuel storage tank farms; • Above-ground fuel tanks; • Gas stations; • Hospitals; • Nursing homes; • Residential uses (including low, medium and high density); • Schools; • Stadiums; • Theaters; • Trailer courts; and • Ponds or other uses that might attract waterfowl. Certain "established residential neighborhoods" are exempted from the provisions of Safety Zone B. Richfield is included in this exemption, therefore, all existing. low, medium and high density housing in Safety Zone B may be improved and/or • expanded and new housing may. be developed subject to the height and general safety restrictions of the MSP Ordinance (discussed below). Further, all nonconforming structures and uses are allowed to remain and can be altered, changed or rebuilt in accordance with these same height and general safety restrictions. Safety Zone C does not prohibit any particular uses, but requires compliance with height and general safety requirements. Construction height limitations vary from 60 feet to 150 feet with most areas falling within the range of 130 feet to 140 feet: The general restrictions of the MSP Ordinance prohibit and land use that could endanger landing, taking off or maneuvering of aircraft. III. BASIS OF RECOMMENDATION A. POLICY • The regulations of the 2004 MSP Ordinance apply whether or not they are incorporated directly into the City's Code. • Section 3.12 of the Richfield City Charter allows the City Council to authorize by unanimous vote summary publication of an ordinance when the summary clearly informs the public of the intent and effect of the ordinance. B. CRITICAL ISSUES • The City is responsible for administering the rules of the 2004 MSP Ordinance. C. FINANCIAL • N/A D. LEGAL • A public hearing was held before the Planning Commission on April 28, 2008. No members of the public spoke on this item. • The Planning Commission voted unanimously (9-0) to recommend approval of the attached Ordinance. • The Council approved a first reading of the attached Ordinance on May 13, 2008. E. ENVIlZONMENTAL CONSIDERATIONS- • N/A IV. ALTERNATNE RECOMMENDATION~S~ • N/A V. ATTACHMENTS • Ordinance • Resolution for summary publication • • Safety Zone Maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A C BILL NO. AN ORDINANCE RELATING TO ZONING; INCORPORATING 2004 MINNEAPOLIS - ST. PAUL INTERNATIONALAIRPORT ZONING ORDINANCE REQUIREMENTS; AMENDING RICHFIELD CITY CODE SUBSECTION 512.01, SUBDIVISION 1; AMENDING RICHFIELD CITY CODE SUBSECTION 512.03; AMENDING RICHFIELD CITY CODE BY ADDING NEW SUBSECTION 512.13; AND AMENDING APPENDIX 1 OF THE RICHFIELD CITY CODE BY ADDING NEW SECTION 18 THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 512.01, Subdivision 1 of the Richfield City Code is amended to read as follows: 512.01. Zoning districts. Subdivision 1. Establishment of districts. In order to carry out the purposes and provisions of this code, the City is hereby divided into the following zoning districts: C~ • Residential Districts Single Family Residential R . Low Density Single Family Residential s R-1 i . _.. i ............._Two Family_Residential . . . . _ ~......_MR-1 ! . .... .......... ................ ._. . :_ Multi-Famil Residential ............. ........_... ..... _..... ........... ....._y . ~ M R-2 4 ~ . . . _. . _ _ . _ ~......._.... ..........~._.._.....~....................................................... .. _ _ High .Density_Multi-Family .Residential 1 . .... ................... _.. . ( MR-3 ! ..... ' .............................................. ;Commercial Districts ' Service Office S-O ....... .. .. ... Nei hborhood Business ................................9..._..._......._.........._._..._._..............................................................................................................................................._. t......._.........__._ ............................1 i C-1 _ .... ....... ................ ! _General Commercial . ......... ............ ........................................................................................................................................................................................... 1 . E C-2 ....q. E ~__M.ixed-Use__Districts_ _ i ! ~ Mixed-Use Regional MU-R ........_Mixed-.Use....Community .................:........:.............__......_...:......... . .__._ ...... _. .. 1.. . . M ~ .-C J _ . . ... . I Mixed-Use Neig.h.borhood _ _ _ . . .................. i MU-N ! Industrial Districts Industrial ~ I Planned Unit Development Districts ! Planned Residential i PR j Planned Two Family Residential i PMR-1 _ Planned Multi-Family__Residential. ... . ................................ . . PMR ~ __ ___ _ ____ .... j .Planned Neigh borh ood Commercial .........._ ... ................ PC-1 j . . Planned General Commercial _____.._____ ... ............._PC-2..........{ j Overlay Districts . I Airport RunwayTOverla~r District _ _ ~. _._.~r ~ ......................_.~,.,, ......._................... ! AR ~.__._..._._...~_._......_..._w 052708 - 2nd Reading JAZB provisions and summary pub • Section 2 Subsection 512.03 of the Richfield City Code is amended to read as follows: 512.03. Permitted uses in all districts. Except when otherwise noted, Tthe following uses shall be construed to be permitted in. all zoning districts within the City: a) Public streets and highways; b) Underground public utilities; c) Parks and related recreational facilities owned by a governmental unit; d) Solar equipment as an accessory use; and e) Horticulture on land which cannot be put to other uses, provided no sale of products is conducted on the lot. Section 3 The Richfield City Code is amended by adding new Subsection 512.13 to read as follows: 512.13. Airport runway overlay district. Subdivision 1. Purpose and intent. The Airport Runway Overlay District is established to implement the 2004 Minneapolis- St. Paul International Airport (Wold-Chamberlain Field) Zoning Ordinance . (hereinafter 2004 MSP Zoning Ordinance). The 2004 MSP Zoning Ordinance, pursuant to the provisions and authority of Minnesota Statutes Section 360.063, takes precedent within areas of the City of Richfield regulating and restricting the height of structures and obiects of natural growth and otherwise regulating the use of property in the vicinity of the Minneapolis - St. Paul International Airport. The 2004 MSP Zoning Ordinance creates zones and establishes boundaries that extend into the City of Richfield. It s_the purpose of the Airport Runway Overlay District to protect the public health, safety, order, convenience, prosperity and general. welfare and to promote the most appropriate use of land by preventing the creation or establishment of Airport Hazards subject to the 2004 MSP Zoning Ordinance and Minnesota Statutes. .Subd. 2. Creation of districts and applicability. The Airport Runway Overlay District shall apply to all land within the City of Richfield designated as Safety Zone B and Safety Zone C in the 2004 MSP Zoning Ordinance. Subd. 3. Supplemental definitions: The following words and terms when used in this subsection shall have the following meanings unless the context clearly indicates otherwise: a) "2004 MSP Zoning Ordinance" -The restated and amended Minneapolis - St. Paul . International Airport (Wold -Chamberlain Field) Zoning Ordinance adopted by the Wold -.Chamberlain Field Joint Airport Zoning Board on April 29, 2004 which became effective on May 7, 2004. b) "Above-ground fuel tank" - A container, vessel or other enclosure designed to contain or dispense fuel that is located above the ground surface, that is not contained within a building or structure and thatis not part of or connected to a boat, motor vehicle or rail car. c) "Airport hazard" - Anv structure. tree or use of land that obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the Airport; and any use of land that is hazardous to persons or property because of its proximity to the Airport. d) "Airspace surfaces" -The surfaces established in Section IV.A of the 2004 MSP Zoning Ordinance. e) "Airspace zones" -The land use zones established in Section IV.A of the 2004 MSP Zoning Ordinance. fl "Board of adjustment" -The body established in Section XII.A of the 2004 MSP Zoning Ordinance. g) "Established residential neighborhood in a built-up urban area" -The areas identified in the 2004 MSP Zoning Ordinance and listed in Exhibit B -Legal Description of Established Residential Neighborhoods and shown on Exhibit C - Map of Established Residential Neighborhoods in Built-up Urban Areas and • pursuant to the criteria noted in the 2004 MSP Zoning Ordinance. h) "Low density residential structure" - Asingle-family ortwo-family home. "Low density residential lot" -Asingle lot located in an area which is zoned for single-family ortwo-family residences and in which the predominant land use is such type of residences. I) "Safety zones" -The land use zones established in Section V.A of the 2004 MSP Zoning Ordinance. Subd. 4. Uses. All permitted, accessory, conditional and interim uses allowed in the underlying zoning district are allowed in the Airport Runway Overlay District with the exception of the following prohibited uses: a) Within the portion of the Airport Runway Overlay District designated as Safety Zone B as contained in Section V Land Use Safety Zoning of the 2004 MSP Zoning Ordinance and shown on MSP Zoning Map Safety Zones -Plate SZ-20, the following uses are prohibited unless a variance permitting the use is granted by the Board of Adjustment established by the 2004 MSP Zoning Ordinance: ~) Amphitheaters; • (ii) Campgrounds, (iii) Churches; (iv) Fuel storage tank farms; (v) Above-ground fuel tanks; (vi) Gasoline stations; (vii) Hospitals; • (viii) Nursing homes; fix) Residential uses (including low, medium and high density residential uses); fix) Schools; (xis Stadiums; (xii) Theaters; (xiii) Trailer courts; (xiv) Ponds or other uses that might attract waterfowl or other birds such as putrescible waste disposal operations, wastewater treatment facilities and associated settling ponds, and dredge spoil containment areas; provided, however, the prohibition on ponds or other uses that might attract waterfowl or other birds shall not apply to acres below an elevation of eight hundred X800) feet above mean sea level along the Bluff of the Minnesota River. b) Within the portion of the Airport Runway Overlay District designated as Safety Zone C as contained in Section V Land Use Safety Zoning of the 2004 MSP Zoning Ordinance and shown on MSP Zoning Map Safety Zones -Plates SZ-13, SZ-14, SZ-15 and SZ-20 no land use shall violate the height restrictions imposed by the 2004 MSP Zoning Ordinance and described in Subsection 512.13 Subd. 4 of this code. Subd. 5. Height restrictions. Except as necessary and incidental to Airport operations, no new structure shall be constructed or established; no existing • structure shall be altered, changed, rebuilt, repaired or replaced; and no tree shall be allowed to prow or be altered, repaired, replaced or replanted in any way so as to project above any Airspace Surface as shown on MSP Zoning Map Airspace Zones -Plates A-13, A-14, A-15, A-19 and A-20. Subd. 6. Exemption for established residential neighborhoods-. The following regulations shall apply to an "established residential neighborhood in a built-up area" as defined in 2004 MSP Zoning Ordinance: a) A low density residential structure or isolated low density residential lot as defined in 2004 MSP Zoning Ordinance which existed in an "established residential neighborhood in a built-up area" on or before January 1, 1978, and all other land uses with existed in an established residential neighborhood in a built-up area on or before June 30, 1979, shall be subject to the height restrictions. of Subdivision 4, but shall not be subject to the Safety Zone B restrictions of Subdivision 3. In addition, such structure, lot or use shall be deemed a conforming use that shall not be prohibited under the. 2004 MSP Zoning Ordinance. b) In Safety Zone B in an established residential neighborhood in a built-uo urban area or in an area immediately adjacent to such a neighborhood, existing low, medium and high density residential uses may be improvetl and expanded, and new low, medium and high density residential uses may be developed, all subject to the height restrictions of Subdivision 4 and all other provisions of this code. • Subd. 7. 2004 MSP Zoning Ordinance use variances. Within the Airport Runway Overlay District, variance to allow uses listed as prohibited in the Airport Runwav Overlay District that are granted by the Board of Adjustment as contained in the 2004 MSP Zoning Ordinance may only be established in the City of Richfield to the extent that they comply with all of provisions of this code.. A use not allowed in the . underlying zoning district shall not be established under any circumstances. Section 4 Appendix 1 to the Richfield Zoning Code is amended by adding a new Section 18 to read as follows: SECTION 18. AIRPORT RUNWAY OVERLAY DISTRICT (AR) The Airport Runway Overlay District (AR) shall apply to all land within the Cit roof Richfield designated as Safety Zone B and Safety Zone C in the 2004 MSP Zoning Ordinance and shown on MSP Zoning Map Safety Zones- Plates SZ-14. Plate SZ- 15 and Plate SZ-20. Passed by the City Council of the City of Richfield, Minnesota this day of 2008. • Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Richfield has adopted the above referenced ordinance, relating to the incorporation of the 2004 Minneapolis - St. Paul International Airport Zoning Ordinance; and WHEREAS, Section 3.12 of the Richfield City Charter allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT .RESOLVED by the City Council of the City of Richfield that the following summary of Bill No. is hereby approved for official publication: *** SUMMARY PUBLICATION BILL NO. On May 27, 2008, the City Council of the City of Rich .field adopted an ordinance designated as Bill No. The ordinance incorporates the . regulations established by the 2004 Minneapolis - St. Paul International Airport Zoning Ordinance (MSP Zoning Ordinance) and established an overlay zoning district in which these regulations will apply. The MSP Zoning Ordinance generally establishes height and land use regulations to avoid endangering the landing, take-off or maneuvering of aircraft. All non- conforming structures and uses are allowed to remain and can be altered, changed or rebuilt in accordance with height and general safety restrictions. The regulations of the MSP Zoning Ordinance apply within the City whether or not they are incorporated directly into the City's Code. The full text of Bill No. is available for inspection at Richfield City Hall during regular business hours. Nancy Gibbs, City Clerk Adopted by the City Council of the City of Richfield, Minnesota this 27th day of May, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Airport Safety Zones (Map 1 of 2) ~~ 'N 0 437.5 875 1,750 2,625 3,500 Feet ®Safety Zone B ® Safety Zone C Airport Safety. Zones (Map 2 of 2) ~ N ®safety Zone B ® Safety Zone C 0 437.5 875 1,750 2,625 3,500 Feet • AGENDA SECTION: Other:Business AGENDA ITEM # 15A REPORT # 137 J STAFF REPORT CITY COUNCIL MEETING MAY 27, 2008 n U • REPORT PREPARED BY: DEPARTMENT DIRECTOR ~{ REVIEW: u REVIEWED BY CITY MANAGER: THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, Tz7zE ITEM FOR COUNCIL CONSIDERATION: Consideration of approval to deposit funds with the District Court to complete the Quick Take process to acquire atl the right of way needed to build the Lyndale Avenue Bridge over I-494 and. approval of funds to reimburse. the. City of Bloomington for acquiring land from Home Depot for the Lyndale Avenue Bridge. I. RECOMMENDED ACTION: By Motion: • Approve the .deposit of funds with the District Court for all the parcels needed to build the tylndale Avenue Bridge over I-494. • Approve reimbursement of funds to the City of .Bloomington. for the purchase of land from Home Depot for the Lyndale Avenue Bridge Project. ~ II. BACKGROUND Under an agreement with the City of Bloomington,. the Richfield .City Council, acting as the lead agency for the Lyndale Avenue Bridge project, must also approve the offers made by Bloomington. The cities of Bloomington and Richfield have begun the Quick Take: process to obtain the necessary land to-build the Lyndale Avenue Bridge over 1-494., The next-step in the process is to deposit the funds with the District Court in the amount of the City's offer for each parcel of land needed for the project. 0527 Lyndale Bridge ROW The quick-take deposit is a major decision point: Once the Cities make the quick- • take deposit, they are obligated to pay whatever the District Court determines the final number to be. Also, the quick-take deposit is necessary to maintain the project on schedule for bidding in July 2008. Council has already approved the amounts offered to purchase four partial take parcels in Richfield. Richfield staff has reviewed all the Bloomington offers and found. them to be acceptable. The amounts offered for the partial take acquisition of Forklifts of Minnesota is $622,000 and the partial take acquisition of Acura is $240,000. Council is also asked to approve the monetary settlement for the impact to the property owned by Home Depot in Bloomington that was mutually agreed to between the City of Bloomington and Home Depot in the amount of $142,988.47. This amount includes the land purchase cost plus- related acquisition expenses. III. -BASIS OF RECOMMENDATION A. POLICY • Right of way acquisition procedures set-forth by the Minnesota Department of Transportation and the Federal Highway Administration are being followed. • $. CRITICAL ISSUES • Deposit of funds with the District Court is needed to acquire title to the parcels needed. for the Lyndale Avenue Bridge. The deposit of funds needs to be done in early June of 2008 to keep the construction project. on schedule for a July 2008 bid letting. C. FINANCIAL • Federal Highway High Priority Project (HPP) funds will pay 100% of the cost to acquire the necessary right of way... D. LEGAL . • The City attorneys have overseen the righf of way acquisition process and will be available to answer any questions. E. ENVIRONMENTAL CONSIDERATIONS. • The purchase. of the ,parcels needed for the Lyndale Avenue Bridge Project has been evaluated as part of the environmental review that vvas approved by both the Minnesota Department of Transportation and the Federal Highway Administration in 2007. • IV. ALTERNATIVE RECOMMENDATION~S~ • Council may choose to delay approval of depositing the funds for just compensation to acquire these properties. This would result in aone-year delay in construction of the Lyndale Avenue with a resultant increase in construction costs. • V. ATTACHMENTS • Parcel sketches outlining the three Bloomington properties impacted by the Lyndale Avenue Bridge Project. • Schedule of Remaining Steps in Lyndale Avenue Bridge Project Development Process. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. • c; Schedule of Remaining Steps in Lyndale Avenue B ridge Project Development Process Deposit of Quick Take Funds with District Court For Bloomington Parcels June 2, 2008 Deposit of Quick Take Funds with District Court For Richfield Parcels June 9, 2008 Lyndale Avenue Bridge Project Plan Approval By Richfield City Council June 10, 2008 Cooperative Agreement with Minnesota Department of Transportation June 24, 2008 Bid Advertisement of Construction Project July 8, 2008 .Bid Opening of Construction Contract August 1, 2008 Contract Award August 12, 2008 • .Start Construction September 1, 2008 • • • 4TE: 7////2007 1:15:36 PM PATH & F/LENAME: a I~ ~~ 00 +~ ~ ~ ~ z ~~~ m ~ z J ~evaao T ~~~i s © w a 'ydPAATAt \O~~ti H O ~r O Cif ~ a~ ~ r W ~ N O O ~ ~ ~ / O ~ I~ ! ~ O I ~ ~ I I p O ' v ~ ~~~~~~~~~~~~~ ~~~~ I ~~~ ~~~ ~~~~~~ ~~ ~ ~ ~ ~~ \\\ i n ~ o I o I O ~~~~~~~ ~~~~~~~ ~ ~~~~~~~ ~~~~~~~~ \\\\\\ \~ \ .~ ~~ O o ~ ~ ~ ~ ® ~~ ~~ n m I r 0 ~ 0 ® I 11 m ~ . ° n ~ n N Z m C7 N m ~ -O ~ ~ v ' -+ m z ~ o~ r ~ z n~ --i m m ~ -I ~ ~ ~ -~ # m ~ N O O = „ z o ,.. -o ~ rm ~ p ~ m .. ~ D ~ p ~ w D N~ ~ ~ Z 717 p ~ O O ~ z .-- c~ C7 St° ~ ~ ~ v ~ (-~ ~ vo O C ~ D O ~ D (D Z I N m r I N F--~ Z .-. n -G i II Ii ~' -I ~ m m r- N ~ i ~ ,n Z Z .. ~ N li C~ m ~' -I n n D 1 0 ~ I ~ - 0 ~ '< N Z ~ ~ ~ p 0 ~ ~ ~ m m DWW n w ~ ~ m m ~ ~, ~( ~ ~ m n ~~~ -I ~ I I ~ N O~ Z C ~ m m v v Z H I ~ r O Z ~ ~ N ~ ~ ~ II II 11 II II N m ! ~ i I I ~-.- -J U1 N ° Z '~ pp cD Ul 11 m m x m x v m ~ 'o m ~ m x m x U~ N .A c0 0~ N m m o o ~ Ol ~ ~ .-~ N (/1 ~ N ~ J~ N Uf ~ w -~ O V1 1 O N -1 ~-. -i w 1 ~-+ z o z o ~ ~ c N Ul (/1 N U1 ~ c i i c i ~ ~ TI -rl ~ r o m c cn M to M CY o c7 o ~ m ~ o N ~ ~ m vm n ~ ~ ~ o r v >E n ~ n ~ m ~ m n z z m z o r x r x -~ rn -a m m ~ ~ ~ n ~ n m m cn m b y y yR] ~-+ ~ ~--' • • • SATE: 7////2007 L•13:46 PM PATH & F/LENAME: m I~ v~ +I ~: ~~ ~ z~ >~ 3 m m rrl D ~ D m Z v N H j m o n in ~ ~ ,-. m -o -~ ' z ~w m ~ m ~ N m ~ v ~" O _ m z ~ v ~ --~ D ~ ~~~yvaao ~ ,-a., ~ ~7 Z ~ ~ n ©° vo O C ~'~s,~ ~~ D Z Z H °er~T~o~ m = ~ r L D ~ ~ D ~ Z ~~ m m ~ _ ~ ~ z m ~ y C t1y o z -I ~ ray to oo G1 (n O ~N'~ II II ~ ~~ 0 N y ~ ~ CD ~~9 _ 4, yR~ cn c.n N ~~ TI n y ~ ~-+ ~ ~--~ -~ I f ~ ~i 33 i IiI I 1 I I! i t i I ~` ~ I ~ r f ~ ~ ii I I ~ I X X ~ X ~ X X X .. ~. o ~+ o -+ ~+ t+ V1 N ~ to '0 V1 V7 f/~ -i -i o ~ o -+ -i ~ N -+ (A z z m z m z z z c~ n o n v c~ n n r m ~n cn n n v ~ o C -+ o O m o r v ~ ~ z ~ a ~. ~-+ a a m m z m ~ x ~ m m z ~ ~ a m °' m m Z o ~ ~ ~ O O m o o N ~ m O ~ ~ ~ _ O C ~ Z m m Z Z ~ (") C7 O c c ~ ~ ~ D W W r- m m zJ Z7 ~ m m ~ v v ~~~ O .~ cn N CTt ~ O 6~ .A U1 N N ~ ~ ~ O Z fTl Z1 -~ n H z r D # '- ~ O ~ r w ~ i-+ I O _ ~ v O ~ I ~ ~ N ~ ~ ~ .1~ H I Z N Z N m I ~/1 O O O -I N D ~ E--i Z C") ~' m ~ D ~ D ~ Z v ~ O ~D m ~ O ~N m S N n m D v ~ ~ m ~ ~ ~ ~ ~ O ~ v ,-. o N O ~ v ~ '-' D ~7 .-. ~~ ~ z ~m ~~ ~ ~ ~ ~ ~ c D ,-. c ~ ~ D = ~ ~ Z ~ ~ m m Z r m frl C Z -1 C p w ~ D N Z O W W f rl f r1 D ~m ~ z r m --~ r.,., ~ ~ v o Z ~ ~ O v C ~ ~ I1 ~ II ~ II II II ~' O ~ U1 N ~ ~ r ~ 'J A U'~ O CT1 O ~ ~ N d'~ U1 V1 (/~ N Ul 'rl TI ~l "~'1 TI D fTl r 0 Z m ~ ~ z r D # r ~ o ~ r w ~ ~+ I _ ~ o v O ~ ~ Ti N ~ ~ ~ n ~-+ 1 Z N °° Z N m r cn O O O D ~ H z n 0 D n m r C~ I D N A s m 0 o z m N O 0 V c.1 7`~-~ • ~ • 1ATE: 7/11/2007 /:00:28 PM PATH & F/LENAME: I~ __~~ ~ ~ i LJ `r----- ., Z g;~ 3~~ ~ ~ 0 c Z ~, ~~ I j s ,~ I, Z 1j ~ ~ ~1 ~ ~ Ti~`i j} T i~ I j ° ~ I ''ss ~~ I ~ P~~/AT 1~~' i~ ~ ~ '' I I ~ ii m m v m ~ m m m x x ~ x ~ x x x ~ ~-+ o ~-. o .+ .. ~ -Ni o 1 0 -Ni -Ni ~ N M N N N M M H czi ~ v ci o ~ ~ cZi b r v N cn n n v ~ $ o r vm my n ~ ~ ~ cy 4 r v ~ ~ ~ ~ a z he'd z z r ~mimi m ~ yy m c~ x x m m z J i~ ~ N ~(~ c c m ~ ~~ z N y .~ y ~. 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