10-14-08 Agenda. CITY OF RICHFIELD, MINNESOTA
TUESDAY, OCTOBER 14, -2008
SPECIAL CITY COUNCIL MEETING -
CITY HALL EXECUTIVE CONFERENCE ROOM
6700 PORTLAND AVENUE
6:30 P.M.
AGENDA
Call to order.
Roll call
1. Interview of persons interested in serving on City Hall Task Force Phase III
(Council Memo No. 159)
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) Regular City Council Meeting of September 11, 2008; (2)
Special City Council Meeting of September 23, 2008; and (3) Regular City Council Meeting
of September 23, 2008
PRESENTATIONS
1. Recognition of Centennial Babies
2. Presentation of Kids(a~Home Program award from MN NAHRO to Richfield Community
Development Director John Stark
3. Presentation by League of Women Voters Richfield regarding .conducting Naturalization
Ceremony in Richfield (Council Memo No. 162)
4. Annual meeting with Planning Commission
COUNCIL DISCUSSION
5. Council discussion
• • Hats Off To Hometown Hits
• HUB Shopping Center update (Council Memo No. 163)
Notes:
AGENDA APPROVAL
6. Council approval of agenda
CONSENT CALENDAR -
7. 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 authorizing agency agreement No. 93497
between Minnesota Department of Transportation and City of Richfield to relocate
utilities as part of Lyndale Avenue Bridge over I-494 Project S.R. No. 228
B. Consideration of approval of resolution certifying delinquent sewer and water utility
• accounts to County Auditor S.R. No. 229
C.. Consideration of approval of lease agreement with T-Mobile Central,. LLC for
.antenna space on Penn Avenue water tower S.R. No. 230
D. Consideration of approval of lease agreement with Telcom Transport Management,
Inc. (TTM} for antenna space on-Logan Avenue water tower S.R. No. 231
• E. Consideration of approval of license agreement. with Minnesota Department of
Transportation for use of old City maintenance garage site for construction trailer
S.R. No. 232
F. Consideration of approval of change order to Master Mechanical, Inc. to add and
install additional carbon monoxide and nitrous oxide sensors in vehicle storage area
of new Public Works building as required by code~for cost of $33,094.50 S.R. No.
233 _
G. Consideration of approval of request from State of Minnesota for renewal of.
currency exchange license for New Unbank Company, LLC, 6421 Penn Avenue.
S.R. No. 234
.~
Notes:
8. Consideration of items, if any, removed from Consent Calendar
Notes:
PUBLIC HEARING
• 9. Public hearing regarding resolution adopting assessment for weed elimination from
private property and _removal or elimination of public health or safety hazards from
private property '
Staff Report No.235
Notes:
PROPOSED ORDINANCES
10. Consideration of first reading of ordinance amending Subsections 420.20 and 925.01 of
Richfield City Code relating to maintenance of swimming pools and 'scheduling second
reading for October 28, 2008
Staff Report No, 236
Notes:
• 11. Consideration of second reading of proposed ordinance amendment to City
Administrative Code Chapter III, Subsection 310.07, Subd. 3 describing vacancies
Staff Report No. 237
• Notes:
~ RESOLUTION
12. Consideration of request for subdivision waiver to allow minimum division of 7300 Upton
Avenue into two single-family residential lots (Continued from July 8, 2008 and
September 11, 2008)
Staff Report No. 238
Notes:
OTHER BUSINESS
13. Consideration of proposal for additional $75,000 for additional work by WSB &
Associates to provide construction inspection services for 66th Street and Portland
Avenue Project
• Staff Report No. 239
Notes:
14. Consideration of appointment of persons to City Hall Advisory Task Force Phase II I
Staff Report No. 240
Notes:
. CITY MANAGER'S REPORT
15. City Manager's report
• Tree removal, planting and stump. grinding update (Council Memo No. 164)
Notes:
•
16. 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:
17. 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.
•
•
CONSENT
7A
228
STAFF REPORT
AGENDA SECTION:
AGENDA ITEM #
REPORT #
CITY COUNCIL MEETING
OCTOBER 14, 2008
REPORT PREPARED BY:
THOMAS FOLEY, TRANSPORTATION
ENGINEER
NAME, TITLE
,]
.DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
-ITEM FOR COUNCIL CONSIDERATION:
Consideration of an Agency Agreement for Relocation of Utilities needed to build the Lyndale
Avenue Brid a over I-494.
I. RECOMMENDED ACTION:
By .Motion: Approve the attached resolution authorizing approval of
Agency Agreement No. 93497 between The Minnesota Department Of
Transportation (Mn/DOT) and the City of Richfield to relocate utilities
as part of the Lyndale Avenue Bridge Over I-494 Project.
•
II. BACKGROUND
The construction of the new Lyndale Avenue Bridge over I-494 will require four
private utility companies (Qwest, Comcast, Centerpoint Energy (gas main) and Xcel
(electrical service lines) to move their facilities out of the way of the new bridge at a
cost of approximately $225,000. To obtain federal funds to pay for this work, the
Council must approve an agency agreement with the Minnesota Department of
Transportation that authorizes Mn/DOT to pass the federal funds through to the
City.
III. BASIS OF RECOMMENDATION
A. POLICY
1014Utility Relocation
• The City's Comprehensive Plan identifies the need to rebuild I-494
. including the Lyndale Avenue Bridge.
B. CRITICAL ISSUES
• The agreement needs to be approved promptly so that the City can
use federal funds to hire the private utility companies to perform the
necessary utility relocation work to keep the bridge project on
schedule.
C. FINANCIAL
• The agency agreement will provide 100% federal funds needed to
cover the cost of doing the utility relocation work.
D. LEGAL
• The City Attorney has reviewed the agreement.
E. ENVIRONMENTAL CONSIDERATIONS
• Construction of the Lyndale Avenue Bridge has already received all
state and federal environmental approvals.
IV. ALTERNATIVE RECOMMENDATION(S~
• None
V. ATTACHMENTS
• Resolution authorizing approval of Agency Agreement No. 93497 between
the Minnesota Department of Transportation and the City of Richfield to
Relocate Utilities as part of the Lyndale Avenue Bridge over i-494 Project.
• Lyndale Avenue Bridge Over I-494 Layout
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None anticipated.
r~
L
`7A-1
RESOLUTION NO.
RESOLUTION AUTHORIZING APPROVAL OF AGENCY AGREEMENT N0.93497
BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY
OF RICHFIELD TO RELOCATE UTILITIES AS PART OF THE LYNDALE AVENUE
BRIDGE OVER I-494 PROJECT.
WHEREAS, the City of Richfield desires to replace the Lyndale Avenue Bridge over
-494; and
WHEREAS, the construction of the Lyndale Avenue Bridge will require the
relocation of certain private utilities to make way for the new bridge; and
WHEREAS, the City of Richfield wishes to use federal highway funds to finance the
relocation of private utilities the Lyndale Avenue Bridge over I-494.
NOW, THEREFORE, BE IT RESOLVED that pursuant to Minnesota Stat. Sec.
161.36, the Commissioner of Transportation be appointed as Agent of the City of Richfield
to accept as its agent, federal aid funds which may be made available for eligible
transportation related projects; and,
BE IT FURTHER RESOLVED, that the Mayor and the City Manager are hereby
• authorized and directed for and on behalf of the City to execute and enter into an
agreement with the Commissioner of Transportation prescribing the terms and conditions
of said federal aid participation as set forth and contained in "Minnesota Department of
Transportation Agency Agreement No. 93497," a copy of which said agreement was
before the City Council and which is made a part hereof by reference.
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of October,
2008.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
•
~ ~. , ~k a
MnIDOT Agreement No. 93497
y ,.~_
STATE OF MINNESOTA AGENCY AGREEMENT
BETWEEN
DEPARTMENT OF TRANSPORTATION
AND
CITY OF RICHFIELD
FOR FEDERAL PARTICIPATION IN FORCE ACCOUNT
FOR
S.P. 157-363-28; M.P. TA05 MN090(102}
This agreement is entered into by and between CITY OF RICHFIELD ("City") and the
State of Minnesota acting through its Commissioner of Transportation ("Mn/DOT"},
Pursuant to Minnesota Statutes Section 161.36, the City desires Mn/DOT to act as the
City's agent to accept and disburse federal funds for the construction, improvement, or
enhancement of transportation financed in whole ox in part by federal funds, hereinafter referred
to as the "Project"; and
The City is proposing a federal aid project to reconstruct Lyndale Avenue in the area of
.Interstate 494. It has been determined that the utility relocation of the project is best completed
• by the owners of the utilities in the. project area. This work will- be completed as a Force
Account, hereinafter referred to as the "FORCE ACCOUNT"; and
The FORCE ACCOUNT is eligible for the expenditure of federal aid funds, and is
identified in Mn/DOT records as State Project I57-363-28, and in Federal Highway
Administration ("FHWA") records as Minnesota Project TAQS MN090(102); and
Mn/DOT requires that the terms and conditions of this agency be set forth in an
agreement.
-THE PARTIES AGREE AS FOLLOWS:
I. DUTIES OF THE CITY.
A. DESIGNATION. The City designates Mn/DOT to act as its agent to .accept and
disburse federal funds made available for the Project..
B. ELIGIBILITY /COSTS. The estimated cost of the FORCE ACCOUNT is $225,000.
1. It is anticipated that 100% (up to $ 225,000) of the cost of the FORCE
ACCOUNT is to be paid from federal, funds made available by the FHWA. The
City will pay any part of the cost or expense of the work that the FHWA does not
PaY-
Agreement no. 9;497
-1-
e I ~~ , 3
2. Any costs incurred by. the City prior to authorization, will not be eligible for
• federal participation.
3. Eligible cost and expense, if approved, may consist. of the following:
a} The cost of relocating utilities for the Lyndale Avenue project.
b} Expenditures for materials, supplies, mechanical data processing and
equipment rental, limited to the actual expenditures for the purposes of this
agreement.
4. Expenditures for general administration, supervision, maintenance and other
overhead or incidental expenses of the City are not .eligible for federal
participation.
S. Acceptability of costs under this agreement will be determined in accordance with
the cost principles and procedures set forth in the applicable Federal Acquisition
Regulations, Contract "Cost Principals and. Procedures, 48 Code of Federal
Regulations (CFR} 31 which is hereby incorporated by reference and made a part
of this agreement.
6. For costs expected to exceed $ 225;400, the City must request the preparation and
.execution of a supplement to this agreement, prior to incumng such costs.
• C. STAFFING.
1. The City will designate a publicly, employed registered engineer, ("Project
Engineer"}, to be in responsible charge of the Project and to supervise and direct
the work to be performed -under any construction contract let for, the Project: If
City elects to use a private consultant for engineering services, the City will
provide a qualified, full-time public employee of the City, to be in.responsible
charge of the Project. The services of the -City to be performed pursuant to this
agreement .may not be assigned, sublet, or transferred unless the City is notified in
writing by MnlDOT that such action is,permitted under 23 CFR 1.33 and 23 CFR
635.105 and state law: This written consent will in no way relieve the City from
its primary responsibility for performance of the work.
2. During the progress of the work on the Project, the City authorizes its Project
Engineer to request in writing specific engineering andlor technical services from
Mn/DOT, pursuant to Minnesota Statutes Section 161.39. ~ Such services may be
covered by other technical service agreements. If Mn/DOT furnishes the services
requested, and if Mn/DOT requests reimbursement, then the City will promptly
. pay Mn/DOT to reimburse the state trunk highway fund for the full cost and
expense of furnishing such services. The costs and expenses will include the
current Mn%DOT labor additives and overhead rates, subject to adjustment based
• on actual direct costs that have been verified by audit. Provision of such services
will not be deemed to make Mn/DOT a principal or co-principal with respect to
the Project.
Agreement no. 93497
" -2-
. .~~ ,,~
• 3. The City will furnish the personnel, services, supplies, and equipment necessary
to properly supervise, inspect, and document the work for the Project.
D. CONTRACT ADMINISTRATION.
1. The City will request approval from Mn/DOT for all costs in excess of the amount
of federal funds previously approved for the Project prior to incumng such costs.
Failure to obtain such approval: may result in such costs being disallowed for
reimbursement.
2. The City will prepare 'reports,. keep records, and perform work so as to enable
Mn/DOT to collect the. federal aid sought by the City. The. City will retain alI
records and reports in accordance with Mn/DOT's record retention schedule for
federal aid projects.
3. Upon completion of the Project, the Project Engineer will determine whether the
work will be accepted.
E. PAYMENTS.
1. The entire cost of the Project is to be paid-from .federal. funds made available by
the FHWA and by other funds provided by the City. The City will pay any part of
• the cost or expense of the Project that is not .paid by federal funds.
2. The City may request partial payments not more than once each thirty (3d) days:
The Project Engineer will certify each .partial estimate.
3. ° The invoice acid supplements thereto, will contain all details that may be
necessary for a proper audit. Such details will consist of at least the following:
(a) A breakdown of labor by individual, classification, dates and hours
worked times the applicable rate to arrive at a total dollar amount for each
individual.
..,.,.. .
(b) The labor additive may be applied to total Labor dollars, not including
overtime labor dollars.
(c) The equipment charges must be broken down by type of equipment times
the applicable rate and dates used to arrive at total equipment charges.
(d) A detailed breakdown of outside services used and supporting invoices.
Documentation that costs of outside services have been paid.
(e} Detail for materials, supplies, and other items with the description, units,
• and unit prices included in the invoice_ If materials or supplies are
purchased from an outside source, a copy of that invoice must be included.
Agreement no. 9397
-3-
" ~ ~l l ~ <J
" ~ (f) The invoices will include 100% of eligible charges applicable to the Force
Account so that the prorata share of federal and City participation can be
• applied to the total costs. ,
4. Following certification, by the Project Engineer, of the" fnal estimate, the City
may request reimbursement for costs eligible for federal funds. The City's request .
will be made to Mn/DOT and wi21 include a copy of the certified final estimate
along with the required records.
5. Reimbursement of costs under this agreement will be based on actual costs, but
.limited to eligible items:
F. LIMITATIONS.
1. The_ City will comply with all applicable Federal, State, and local laws,
ordinances, and regulations.
2. Nondiscrimination. It is the policy of the Federal Highway Administration and the State
of Minnesota that no person in the United. States will, on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of, ox be
subjected to discrimination under any program or activity receiving Federal financial
assistance (42 U.S:C. 2404d). Through .expansion of the mandate for nondiscrimination
in Title VI and through parallel legislation, the prescribed bases of discrimination include
race, color, sex, national. origin, age, and disability. In addition, the Title. VI program has
been extended to cover all programs; activities and services of an entity receiving Federal
financial assistance, .whether such programs and activities are Federally assisted or not.
Even in the absence of prior discriminatory practice or usage, a recipient in administering
a program ar activity to which this part applies, is expected to take affirmative action to
assure that no person is excluded from participation in, or is denied the benefits of, the
program or activity on the grounds of race, color, national origin, sex, age, or disability. It
isthe responsibility of the City to carry out the above requirements.
3. Workers' Compensation. Any and all employees of the City or other persons
while .engaged in. the performance of any work or services required or permitted
by the City under this agreement will not be considered employees of Mn1DOT,
and any and all claims that may arise under the Workers' Compensation Act of
Minnesota on behalf of said employees; or other persons while so engaged, will in
no way be the obligation or responsibility of Mn/DOT. The City will require
proof of Workers' Compensation Insurance from any contractor and sub-
contractor_
G. AUDIT.
1. The City will comply with the Single Audit Act of 1984 and Office of
Management and Budget (OMB) circular A-133 including amendments and
successors thereto, which are incorporated herein by reference.
2. As provided under Minnesota Statutes Section 16C.45, subdivision 5, aII books,
records, documents, and accounting procedures and practices of the City are'
Agreement no. g34R7
-4-
7~ - c~
' subject to examination by the United States Government, IVInIDOT, and either the
Legislative Auditor or the State Auditor as appropriate, for a minimum of six
years. The City will be responsible for any costs associated with the performance
of the audit.
H. MAINTENANCE. The City assumes full .responsibility for the _ operation and
. maintenance of any facility constructed or improved under this Agreement. -
I: CLAIIVIS. The City will pay any and all lawful claims arising out of or incidental
to the performance of the Project work. The City acknowledges that Mn/DOT is
acting only as the City's agent for receipt and disbursement of federal funds, and
not as a principal or co-principal with respect to the Project. In all events, the City
will. indemnify Mn/DOT and hold MnIDOT harmless from any claims .arising out
of the Project.
II. DUTIES OF MnlDOT
A. ACCEPTANCE. Mn1DOT accepts designation as Agent. of the City for the
receipt and disbursement of federal funds and will act in accordance herewith.
B. PROJECT ACTIVITIES. Mn/DOT will make the necessary requests to the
FHWA for authorization to use federal funds for the Project; and for
reimbursement of eligible costs pursuant to the terms of this agreement.
• C. PAYMENTS.
1. Mn/DOT will receive the federal funds to be paid by the FHWA for the Project,
:pursuant to Minnesota Statutes § 16:1.36, Subdivision 2.
2. MnlDOT will review and certify each partial pay request. Following certification
of the partial estimate; Mn/DOT will reimburse the City, from said federal funds
..made available to the Project, for each partial payment request, subject to the
availability and limits of those funds.
3. Upon completion of the Project, the City will prepare a final payment request in
accordance°with the terms of this agreement. °MnfDOT will review and certify the
fmal payment request with a final audit.
4. No more than 90% of the reimbursement due under this agreement will be paid
until completion of the final audit and approval by Mn/DOT's authorized
representative.
5. In the event Mn/DOT does not obtain funding from the FHWA or other funding
source, or funding cannot be continued at a sufficient level to allow for the
processing of the federal aid reimbursement requests, the City may continue the
work with Local funds only, until such time as Mn/DOT is able to process the
• federal aid reimbursement requests.
Agreement no. 93497
-5-
~A-'~
D. AUTHORITY. Mn/DOT may withhold federal funds, where Mn/DOT or the
• FHWA determines that the Project was not completed in compliance with federal
requirements.
E. INSPECTION. Mn/DOT, the FHWA, or duly authorized representatives of the .
state and federal government will have the right to audit, evaluate and monitor the
work performed under this agreement. The City will make available all books,
records, and documents pertaining to the-work hereunder, for a minimum of seven
years following the closing of the construction contract.
III . AUTHORIZED REPRESENTATIVES. Each authorized representative will have
responsibility to administer this agreement and to ensure that all payments due to the
other parry are paid pursuant to the terms of this agreement.
A. The City authorized representative is Thomas Foley, Transportation Engineer,
City of R.iehf eld, 6700 Portland Avenue, Richfield, MN 55423-2599or his
successor. "
B. Mn/DOT's authorized representative is Lynriette Roshell; Minnesota Department
of Transportation, State Aid for Local Transportation, 395 John Ireland
Boulevard, Mail Stop 500; St Paul, MN 55155, phone 651.366.3822, or her
successor. -
IV: TORT LIABILITY. Each parry is responsible for its awn acts and. omissions acid the
• results thereof to the extent authorized by law and will not be responsible for the acts and
omissions of any others and the results thereof. The. Minnesota Tort Claims Act,
Minnesota Statutes Section 3.736, governs Mn/DOT liability.
V. ASSIGNMENT. Neither parry will assign or transfer any rights or obligations under this
agreement without prior written approval of the other party.
VI: AMENDMENTS. Any amendments/supplements to this Agreement must be in waiting
and be executed by the same parties who executed the original agreement, or their.
successors in office.
VII. TERM OF AGREEMENT.. This agreement will be effective upon execution by the City
and by appropriate State officials, pursuant to Minnesota Statutes Section 16C.05, and
will remain in effect for .five (5) years from the effective date or until all obligations set
forth in this agreement have been satisfactorily fulfilled, whichever occurs f rst.
VIII. TERMINATION. This agreement .may be terminated by the City or Mn/DOT at any
time, with or without cause, upon ninety (90j days written notice to the other parry: Such
termination will not remove any unfulfilled financial obligations of the Ciry as set forth in
this Agreement. In the event of such a termination the City will be entitled to
reimbursement for Mn/DOT-approved federally eligible expenses incurred for work
• satisfactorily performed on the Project to the date of termination subject to the terms of
this agreement.
Agreement no. 93497
-6-
' ]/~ ~(
/'/~!~
IN WITNESSWHEREOF, the parties have caused this Agreeinenf to be duly executed intend to
be bound thereby.
clTy
DEPARTMENT OF TRANSPORTATION
City certifies that tTie appropriate person(s)
have executed the contract on its beha}f as required By:
by appficab}e reso}utions, ordinances, or char[et~
provisions Tit}e: Director State Aid for Local Transportation
Date:
By: ~ '
Debbie Goettel
Date: COMMISSIONER OF ADMI}~TISTRATION
By: '
Date:
By:
.Steven L. Devich
Date:
Title: r1trarie,~ex'
•
. Agreement no. 9397
-7-
i
~A-~
0
0
00
r
a
c~
c
c~
ao
a
O
~~
r
0
STAFF REPORT
AGENDA SECTION:
AGENDA ITEM #
REPORT #
CITY COUNCIL MEETING
•
OCTOBER 14, 2008
CONSENT
7B
229
REPORT PREPARED BY:
DEPARTMENT DIIZECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ROBERT HTNTGEN, ACTING
UTILITIES SUPERINTENDENT
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution certifying delinquent sewer and water utility accounts to the
Count Auditor.
I. RECOMMENDED ACTION:
By Motion: Adopt the resolution certifying unpaid sewer and water
service charges to the County Auditor to be collected with other taxes
on said properties.
•
II. BACKGROUND
Chapter VII of the Richfield Ordinance Code provides that unpaid water and sewer
charges may be certified to the County Auditor to be included in a property owner's
annual property tax bill. The Ordinance Code also authorizes a certification fee to
be charged against each delinquent account. By certifying the delinquent charges
to the property taxes for the delinquent properties, the City is assured of ultimately
collecting the delinquent charges.
In 2007 the City Council certified $209,466.94 of delinquent charges for 537
properties, an average cost of $390.07 per account. The 2008 certification currently
under consideration totals $325,964.85 for 874 properties, an average of $372.96
per. account. Staff expects that, as in years past, many of the now delinquent
accounts will be paid before certification.
III. BASIS OF RECOMMENDATION
1014delinquent
A. POLICY
• State Statute and Chapter VII of the Richfield Ordinance Code provide
that unpaid water and sewer charges may be certified to the County
Auditor to be included in a property owner's annual property tax bill.
B. CRITICAL ISSUES
• Property owners owing utility charges will be notified in September
that failure to pay the amount owed will result in certification to the
property owners' taxes.
C. FINANCIAL
• Throughout the year, the Division bills and collects charges for water,
wastewater and storm water from accounts within the City. The
charges include a 6.5% penalty on unpaid balances. This penalty is
paid quarterly against the accrued unpaid balance. The delinquent
accounts must be certified to the County Auditor in order-for the City to
collect the charges through the property tax process.. A $50
certification fee is charged to each account assessed to taxes. The
assessment is spread over a period of one year at the rate of 8% per
annum.
D. LEGAL
• N/A
E. ENVIRONMENTAL CONSIDERATIONS
• None
IV. ALTERNATIVE RECOMMENDATION(S~
• Do not approve the resolution. However, the certification process is the only
process the City has to collect these delinquent accounts.
V. ATTACHMENTS
• Resolution authorizing certification of unpaid sewer and water service
charges to the County Auditor to be collected with other taxes on said
properties
VI. PRINCIl'AL PARTIES EXPECTED AT MEETING
• None.
•
~v
RESOLUTIO NO.
RESOLUTION AUTHORIZING CERTIFICATION OF UNPAID SEWER AND WATER
• SERVICE CHARGES TO THE COUNTY AUDITOR.TO BE COLLECTED WITH
OTHER TAXES" ON SAID PROPERTIES
WHEREAS, Ordinance Code 715 establishes rules, rates and charges for water.
service in the City of Richfield; and
WHEREAS, Minnesota Statutes 444.075 provides that all delinquent water
service charges not paid may be certified to the County Auditor and shall. be collected
with other taxes on such property; and
WHEREAS, Ordinance Code 705 established rules, rates and charges for
sanitary sewer service in the City of Richfield; and
WHEREAS, Ordinance Code 705.1.9 thereof provides that all sewer services
charges not paid within 15 days after the quarterly due date may be certified to the
County Auditor with taxes against such property, and shall be collected with other taxes
on such property; and
WHEREAS, Ordinance Code 720 established rules, rates and charges for storm
water service in the City of Richfield; and
WHEREAS, Ordinance Code 705.19 thereof provides that all storm water service
charges not paid may be certified to the County Auditor with taxes- against such
properties, and shall be collected with other taxes on such property; and
WHEREAS, an assessment roll has been prepared specifying the amount, which
shall be certified against each particular property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota:
1. There is hereby determined to. be a total uncollected amount for water, sanitary
sewer and storm service of $325,964.85.
2. That a $50 certification charge shall be levied against each delinquent account, such
charges totaling $43,700.00..
3. That the above-described assessment be spread over a period of one year at the
rate of 8% per annum.
4. That such amount be hereby certified to the County Auditor for collection with other
.taxes on said. properties.
5. Thaf a copy of the resolution shall be sent to the Hennepin County Auditor.
Adopted by the City Council. of the.City of Richfield, Minnesota this 14th day of
October 2008.
Debbie Goettel, Mayor
•
ATTEST:
Nancy Gibbs, City Clerk
1
•
AGENDA SECTION: COi~ISEN`P
AGENDA ITEM # 7C
REPORT # 230
~~ STAFF REPORT
CITY~COUNCIL MEETING
OCTOBER 14, 2008
REPORT PREPARED BY:
CHRIS REGIS, FINANCE MANAGER
NAME, TITLE
r~
u
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of authorizing a lease for antenna space on Penn Avenue water tower to T-
Mobile Central, LLC.
I. RECOMMENDED ACTION:
By Motion: Authorize the City Manager to execute a lease agreement
with T-Mobile Central for antenna space on the Penn Avenue water
tower.
r~
LJ
II. BACKGROUND
As Council Members are aware, the mobile telephone industry represents a
significant marketplace in the Twin City metropolitan area. A number of firms. have
authorization to establish telecommunications towers and operations in the
Minneapolis/St. Paul area. As such, those firms are generallyapproaching cities
and schools in order to negotiate lease agreements for the use of some of their
respective facilities for antenna space. Lighting, radio and water towers are such
facilities that provide an excellenf base for antenna space.
The City has previously approved lease agreements with T-Mobile and Sprint at the
Logan Avenue Water Tower, Verizon Wireless and Sprint at the Penn Avenue water
tower and Sprint at the City Wall radio tower. Recently, the City has been in
discussions with T-Mobile to locate an antenna on the Penn Avenue water tower.
After considerable discussion, T-Mobile and the City have come to tentative
approval of a lease agreement including plans for the ground structure required to
support the antenna facilities. The. major terms of the lease, which follow very.
closely a model lease developed. by the League of Minnesota Cities, are as follows.
1014T-mobile 2008 cell antenna lease
1. The lease is to begin on December 31, 2008 or the start of construction, . .
whichever is earlier, pending approval of other agencies such as the FCC and
will end on December 31, 2013. The term of the lease may be extended .for
three additional five-year periods.
2. The lease for the tower antenna space shall be $22,000 for the initial year and
be increased annually by four percent or an amount equal to the CPI, whichever
° is greater, over the previous year's annualized rent. However, 2008 will be
prorated for the period beginning on December 31, 2008 or the start of
construction, whichever is earlier.
3. The facility that would be needed by T-Mobile to provide support service to the
antenna mounting would be incorporated into a fenced area under the existing
water tower and would be secured from public access.
III. BASIS OF RECOMMENDATION
A. POLICY
• The antenna on the water tower will not~cause any problems or
interference with the communications of the City.
• ~ The lease, in its entirety, provides for many favorable. provisions and .
protections for the City of Richfield, and in-most respects either
equals or exceeds the standards set forth in the League of Minnesota
Cities' model lease.
• T-Mobile has agreed to the terms of the lease agreement.
B. CRITICAL ISSUES.
• Staff is requesting approval at the October 14, 2008 City Council
meeting so that T-Mobile may begin activity in conjunction with
establishing this antenna space and the support structures needed to
accompany it.
C. FINANCIAL
• The $22,000 annual lease payment is a fair amount and is
commensurate with what Richfield and other cities are getting for
similar antenna facilities in the metro area.
D. LEGAL
• The lease document has been reviewed and approved by the City
Attorney's Office.
IV. ALTERNATIVE RECOMMENDATION(S~
• The City Council could defer action on this item to a future meeting.
V. ATTACHMENTS
• Lease Agreement
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Kari Brown, KTB Consulting, Inc.
~c-~
SITE LEASE AGREEMENT
THIS SITE LEASE AGREEMENT ("Lease"), made this day of , 2008
between the City of Richfield ("Landlord")and T-Mobile Central, LLC, a Delaware limited
liability company ("Tenant").
For good and valuable consideration, the parties agree as follows:
1. Leased Premises. Subject to the terms and conditions of this Lease, Landlord
hereby leases to Tenant and Tenant leases from Landlord a portion of Landlord's
property, located at 6355 Penn Avenue South, County of Hennepin, State of Minnesota,
legally described in Exhibit A attached hereto, consisting of ground space for an
equipment shelter, subject to any and all existing easements, and that portion of the
Water Tower ("Structure") as more particularly shown in Exhibit B attached hereto
("Leased Premises"). This Lease permits use of the Structure for attaching and locating
directional antennas, connecting cables and appurtenances, the exact location of each
to be reasonably approved by Landlord, together with appurtenant easements and
access rights. Tenant is solely responsible for evaluating the suitability of the Leased
Premises for its purposes.
2. Rent.
(a) Amount, adjustments. As consideration for this lease, Tenants shall pay
Landlord an annual rent in the amount of twenty two thousand dollars ($22,000.00) for
the initial year. Said lease payment shall be increased each year on January 1 by the
greater of: 1) 4% of the previous year's annualized rent or 2) by an amount equal to the
increase in the Consumer Price Index (CPI) from the previous year. The CPI shall
mean the Consumer Price Index for all Urban Consumers, All Cities as published by the
United States Department of Labor Statistics or if there shall be no successor index,
such comparable index as mutually agreed upon by the parties.
(b) Time of Payment, Taxes. Landlord shall communicate all rental increases
to the Tenant in writing no later than thirty-one days (31) prior to January 1 of each year.
The annual rental for the coming year shall be paid no later than December 31. The
first year, the rental shall be prorated through December 31 and shall be paid to
Landlord in full at the time Lease is executed. If the Tenant does not meet the
requirements referenced in Subparagraph 3(a) below, and Tenant has diligently
pursued such requirements, Landlord shall refund the Tenant rental payment made at
the time of Lease execution and this Lease shall terminate. In addition to the annual
rental, Tenant agrees to timely pay its prorata share of any taxes or payment in lieu of
taxes required as a result of this Lease.
~c-~
3. Governmental Approval Continaency.
(a) Tenant Application. Tenant's right to use the Leased Premises is
expressly made contingent upon its obtaining all the certificates, permits, zoning and
other approvals that may be required by any federal, state, or local authority. This shall
include the engineering study specified in Subparagraph 3(b) below on the Structure to
be conducted at Tenant's expense. Subject to Landlord's rights under its police powers,
Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals
and shall take no action which would adversely affect the status of the Leased Premises
with respect to the Tenant's proposed use thereof.
(b) Interference Study. Before obtaining a building permit, Tenant must pay
for the reasonable cost of (i) radio frequency interference study carried out by an
independent and qualified professional selected by the Landlord showing that Tenant's
intended use will not interfere with existing communications facilities and (ii) an
engineering study showing that the Structure is able to support the Tenant's Facilities,
as defined in Subparagraph 5(b), without prejudice to the City's use of the Structure. If
the study finds that there is a potential for interference that cannot be reasonably
remedied or for prejudice to the Structure, Landlord may termina#e this Lease
immediately and refund the initial rental to Tenant after payment to Landlord for the cost
of the study.
• (c) Non-approval. In the event that any application necessary under
Subparagraph 3(a) above is finally rejected or any certificate, permit, license, or
approval issued#o Tenant is canceled, expires, lapses, or is otherwise withdrawn or
terminated by governmental authority so that Tenant, in is sole discretion, will be unable
to use the Leased Premises for its intended purposes, Tenant shall have the right to
terminate this Lease and be reimbursed for the rental payment if made pursuant to
Subparagraph 2(b) above. Notice of Tenant's exercise of its right to terminate shall be
given to Landlord in writing by certified mail, return receipt requested, and shall be
effective upon receipt of such notice by Landlord as evidenced by the return receipt.
Except as required under Subparagraph 12(d) below, upon such termination, this Lease
shall become null and void and the parties shall have no further obligations to each
other.
4. Term and Renewals. The "Initial Term" of this Lease shall commence on
2008 ("Effective Date") and end on December 31 of the fifth calendar year
l (December 31, 2013) of the Lease. Subject to the terms and conditions of this Lease,
,Tenant may extend the term of this Lease for three (3) additional five (5) year renewal
periods ("Renewal Term") commencing on January 1 following the expiration date of the
Initial Term or of any subsequent Renewal Term. Tenant shall be deemed to have
elected to extend the term for each Renewal Term unless Tenant sends written notice
to Landlord of Tenant's intention not to extend at least 90 days prior to each Renewal
Term, Initial Term or any second or third Renewal Term, such notice provided in
accordance with Paragraph 19 of the Lease.
2
-~ c- 3
5. Tenant's Use.
(a) User Priority. Tenant agrees that the following priorities of use, in
descending order, shall apply in the event of communication interference or other
conflict while this Lease is in effect, and Tenant's use shall be subordinate accordingly:.
1, Landlord;
2. Public safety agencies, including law enforcement, fire, and ambulance
services, that are not part of the. Landlord;
3. Other governmental agencies where use is not related to public safety;
4. Government-regulated entities whose antennae offer a service to the general
public for a fee, in a manner similar to a public utility, such as long distance,
cellular telephone, or data transmission, not including radio or television
broadcasters, whose lease precedes this Agreement.
(b) Purposes. The Tenant shall have the exclusive use of the Leased
Premises only for the purpose of installing, maintaining, and operating a Landlord-
. approved communications antenna facility, equipment., cabinets and an accessory
building, and uses incidental thereto for providing radio and wireless telecommunication
services which Tenant is legally authorized to provide to the public. Tenant's use of any
other portion of Landlord's property (including that portion of the water tower not
included in the definition of "Leased Premises" in Section 1 hereof) shall be non-
• exclusive and Landlord specifically reserves the right to allow such other property to be
used by other parties and to make additions, deletions, or modifications to its own
facilities on such property. Tenant's communications antenna facility shall consist of
antennas at aLandlord-approved location, along with cable and appurtenances
connected to an accessory building or cabinet located on the Leased Premises
("Antenna Facilities"). Tenant shall comply with all applicable ordinances, statutes and
regulations of local, state and federal government agencies.
(c) Construction. Tenant may erect and operate an antenna array in
accordance with its submitted application attached as Exhibit B and Landlord's
requirements for mounting the antennas and brackets for cable runs. Prior to activation
of the Antenna Facilities, Tenant shall notify Landlord that installation/construction is
substantially complete and provide as-builts. Within seven (7) days, Landlord may
inspect Tenant's work, at Tenant's expense, to verify completion in accordance with this
Lease, Tenant's requirements, and the as-builts.
(d) Operation. Tenant shall have the right, at its sole cost and expense, to
operate and maintain the Antenna Facilities on the Leased Premises in accordance with
good engineering practices, with all applicable FCC rules and regulations. Tenant's
installation of all Antenna Facilities shall be done according to plans approved by
Landlord, which approval shall not be unreasonably withheld. Any damage done to the
Leased Premises or other Landlord property including the Structure during installation
or during operations shall be repaired at Tenant's expense within 30 days after
notification of damage. The Antenna Facilities shall remain the exclusive property of the
Tenant, unless otherwise provided in this Lease.
3
~c-~
(e) Tenant Maintenance. Tenant shall, at its own expense, maintain the
Antenna Facilities and any property on the Leased. Premises or attached to the
Structure. in a safe condition and in good repair and in a manner that does not conflict
with use by Landlord. Any modifications to the Leased Premises for Tenant's benefit
shall be at the Tenant's expense. Tenant's Antenna Facilities shall, at all times and at
Tenant's expense, be painted and maintained in the same color(s) as the immediate
background of the Structure or other color as selected by the Public Works Director. In
lieu of painting, Landlord may require that any coaxial cable or other connecting cables
with exterior exposure on the Structure be provided in manufactured colors matching
the immediate background.
(f) Landlord Maintenance. Tenant shall remove the Antenna Facilities at
Tenant's cost, upon reasonable notice, to permit maintenance, repair, repainting,
restoration or other activity in relation to the Structure or Leased Premises provided,
however, that Landlord may, at its discretion, permit Tenant to cover or otherwise
secure and protect the Antenna Facilities and other equipment in place. Except in the
case of an emergency, Landlord shall give Tenant thirty (30) days notice of repair,
repainting or restoration. Incase of an emergency, Landlord may remove Tenant's
Antenna Facilities but shall notify Tenant by telephone within a reasonable time. If use
of the Antenna facilities is interrupted, Tenant may maintain mobile cellular equipment
on the Leased Premises to the extent feasible. Any additional expense of maintaining
the Structure or Leased Premises Landlord's property caused by the Antenna Facilities
shall be paid promptly by Tenant upon Landlord's notice to Tenant of such additional
cost.
(g) Additional or Replacement Antennas. Landlord must consent to any
installation of additional antennas. Tenant shall notify Landlord in writing of any request
to increase the number of antennas. Upon such request, Landlord may retain a
qualified professional to evaluate whether: (i) additional antennas will interfere with
existing or proposed antennas of higher priority and (ii) the. Structure can structurally
support the additional antennas. The Tenant shall reimburse the Landlord's cost for
evaluation within 30 days of receipt of an invoice. If Landlord consents, the parties will
negotiate the amount of additional rental for the antennas. Before the Tenant may
replace the Antenna Facilities, Tenant must notify Landlord. Tenant shall submit to
Landlord a detailed proposal for any such replacement facilities and any other
information reasonably requested by Landlord of such requested update or
replacement, including but not limited to a technical study, carried out at Tenant's
expense. Landlord may not unreasonably withhold approval of the update or
replacement.
(h) Drawings. Tenant shall provide Landlord with as-built drawings of the
equipment and improvements installed on the Leased Premises, which show the actual
location of ali Antenna Facilities. Said drawings shall be accompanied by a complete
and detailed inventory of all equipment, personal property, and Antenna Facilities
actually placed on the Leased Premises.
(i) No Interference. Tenant shall, at its own expense, maintain any
equipment on or attached to the Leased Premises in a safe condition, in good repair
4
`.~ C. `~.
• and in a manner suitable to Landlord so as not to conflict with the use of the
surrounding premises by Landlord. Tenant shall not unreasonably interfere with the
operations of any prior tenant using the Structure and shall not interfere with the
working use of the water storage facilities thereon or to be placed thereon by Landlord.
(j) Access. Tenant, at all times during this Lease, shall have access to the
Leased Premises in order to install, operate, and maintain its Antenna Facilities. Tenant
shall have access to the Structure only with the approval of Landlord. Tenant shall
request access to the Structure twenty-four (24) hours in advance, except in an
emergency, and Landlord's' approval thereof shall not be unreasonably withheld or
delayed. In the event it is necessary for Tenant to have access to the Structure at some
time other than the normal working hours of Landlord, Landlord may charge Tenant for
whatever reasonable expense, including employees' wages, that Landlord incurs in
providing such access to Tenant.
(k) Payment of Utilities. Tenant shall separately meter charges for the
consumption of electricity and other utilities associated with its use of the Leased
Premises and shall promptly pay all costs associated therewith.
6. Emergency Facilities. In the event of a natural or man-made disaster, in order
to protect the health, welfare, and safety of the community, Tenant may erect additional
Antenna Facilities and install additional equipment on a temporary basis on the Leased
Premises to assure continuation of service. Such temporary operation shall not exceed
90 days unless Tenant obtains written approval from the Landlord.
7. Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall
promptly pay to Landlord all additional Landlord expenses incurred in maintaining the
Leased Premises, including painting or other maintenance of the Structure that are
caused by Tenant's occupancy of the Leased Premises.
8. Additional Buildings. Tenant acknowledges that Landlord may permit
additional buildings to be constructed on the property described in Exhibit A. At such
time as this may occur, Tenant will permit said buildings to be placed immediately
adjacent to Tenant's building and will allow "attachments" to its building so as to give the
appearance that all buildings are a connected facility. Said attachments will be made at
no cost to Tenant and will not compromise the structural integrity of Tenant's building.
9. Defense and Indemnification.
(a) General. Tenant agrees to defend, indemnify and hold harmless Landlord
and its elected officials, officers, employees, agents, and representatives from and
against any and all claims, costs, losses, expenses, demands, actions, or causes of
action, including reasonable attorneys' fees and other costs and expenses of litigation,
which may be asserted against or incurred by Landlord or for which Landlord may be
liable in the performance of this Lease, except those which arise solely from the
negligence, willful misconduct, or other fault of Landlord; provided, however, Tenant
shall also defend all matters arising out of Landlord's inspection or permit issuing
actions or inactions. Tenant shall defend all claims arising out of the installation,
5
~c- ~
operation, use, maintenance, repair, removal, or presence of Tenant's Antenna
Facilities, equipment and related facilities on the Leased Premises. Nothing herein shall
be deemed a waiver by Landlord of the limitations on liability-set forth in Minnesota
Statutes, Chapter 466.
(b) Hazardous Materials. Without limiting the scope of Subparagraph 9(a)
above, Tenant will be solely responsible for and will defend, indemnify, and hold
Landlord, its agents, and employees harmless from and against any and all claims,
costs, and liabilities, including attorney's fees and costs, arising out of or in connection
with the cleanup or restoration of the Leased Premises associated with the Tenant's use
of Hazardous Materials. For purposes of this Lease, "Hazardous Materials" shall be
interpreted broadly and specifically includes, without limitation, asbestos, petroleum,
fuel, batteries, PCBs, or any hazardous substance, waste, or materials as defined in
any federal, state or local environmental or safety law or regulations including, but not
limited to, CERCLA, and the Clean Water Act.
(c) Tenant's Warranty. Tenant represents and warrants that its use of the
Leased Premises will not generate and Tenant will not store or dispose of on the
Leased Premises, nor transport to or over the Leased Premises, any Hazardous
Materials, unless Tenant specifically informs Landlord thereof in writing twenty four
hours prior to such storage, disposal or transport, or otherwise as soon as Tenant
becomes aware of the existence of Hazardous Materials on the Leased Premises.
The obligations of this Paragraph 9 shall survive the. expiration or other
termination of this Lease.
10. .Insurance.
(a) Workers' Compensation. The Tenant must maintain Workers'
Compensation insurance in compliance with a.ll applicable statutes. The policy shall
also provide Employer's Liability coverage with limits of not less than $500,000 Bodily
Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500,000
Bodily Injury by disease, each employee.
(b) General Liability. The Tenant must maintain an occurrence form
comprehensive general liability coverage. Such coverage shall include, but not be.
limited to, bodily injury, property damage -broad form, and personal injury, for the
hazards of Premises/Operation, broad form, contractual, independent contractors, and
products/completed operations.
The Tenant must maintain aforementioned comprehensive general liability
coverage with limits of liability not less than $5,000,000 each occurrence; $5,000,000
personal and advertising injury; $5,000,000 general aggregate, and $5,000,000
products and completed operations aggregate. These limits may be satisfied by the
comprehensive general liability coverage or in combination with an umbrella or excess
liability policy, provided. coverage afforded by the umbrella or excess policy are no less
than the underlying comprehensive general liability coverages.
6
~c--7
(c) Automobile Liability. The Tenant must carry Automobile Liability
• coverage. Coverage shall afford total liability limits for Bodily Injury Liability and
Property Damage Liability in the amount of $5,000,000 per accident. The liability limits
may be afforded under the Commercial Policy, or in combination with an Umbrella or
Excess Liability .Policy provided coverage of ridges afforded by the Umbrella Excess
Policy are no less than the underlying Commercial Auto Liability Coverage.
Coverage shall be provided for Bodily Injury and Property Damage for the
ownership, use, maintenance or operation of all owned, non-owned and hired
automobiles.
The Commercial Automobile Policy shall include at least statutory personal injury
protection, uninsured motorists and underinsured motorists coverages.
(d) Tenant Property Insurance. The Tenant must keep in force for the
duration of the Lease a policy covering damages to its property at the Leased Premises.
The amount of coverage shall be sufficient to replace the damaged property, loss of use
and comply with any ordinary or law requirements.
(e) Additional Insured -Certificate of Insurance. The Tenant shall provide,
prior to tenancy, evidence of the required insurance in the form of a Certificate of
Insurance issued by a company. (rated B+12 or better), licensed to do business in the
state of Minnesota, which includes all coverages required in this Paragraph 10. Tenant
will list the Landlord as an Additional Insured on the General Liability and Commercial
Automobile Liability Policies. The Certificate(s) shall also provide the coverage may not
be canceled, non-renewed, or materially changed without thirty (30) days prior written
notice to the Landlord.
11. Damage or Destruction. If the Leased Premises is destroyed or damaged,
without contributory fault of the Tenant or its agents, so as, in Tenant's judgement, to
hinder its effective use of the Antenna Facilities, Tenant may elect to terminate the
Lease, upon thirty (30) days' written notice to Landlord. In the event Tenant elects to
terminate the Lease, Tenant shall be entitled to reimbursement of pre-paid rent covering
the period subsequent to the date of damage to or destruction of the Leased Premises.
12. Lease Termination.
(a) Events of Termination. Except as otherwise provided herein, this Lease
may be terminated by either party upon sixty (60) days written notice to the other party
as follows:
(i) by either party upon a default of any covenant or term hereof by the
other party, which default is not cured within sixty (60) days of receipt of written
notice of default to the other party (without, however, limiting any other rights of
the parties pursuant to any other provisions hereof);
(ii) by Tenant for cause if it is unable to obtain or maintain any license,
permit or other governmental approval necessary for the construction and/or
7
~ C~ g
operation of the Antenna Facilities or Tenant's business;
iii) by Tenant for- cause if the Leased Premises is or becomes
unacceptable for technological reasons under the Tenant's Antenna Facilities,
design or engineering specifications or the communications systems to which the
Antenna Facilities belong;
(iv) by Landlord, if its Council decides, for any .reason to redevelop the
Leased Premises and/or discontinue use of the Structure for all purposes or any
purpose inconsistent with this Agreement. If Landlord decides to discontinue use
to redevelop the Leased Premises, Landlord shall provide aone-year written
notice to Tenant.
(v) by Landlord if it determines that the Structure is structurally
unsound, including, but not limited to, consideration of age of the Structure,
damage or destruction of all or part of the Structure on the. Leased Premises from
any source, or factors relating to condition of the Leased Premises;
(vi} or by Landlord if it determines that a potential user with a higher
priority under Subparagraph 3(a) above cannot find another adequate location, or
the Antenna .Facilities unreasonably interfere with another user with a higher
priority, regardless of whether or not such an interference was predicted in the
initial interference study that was part of the application process; or
(vii) by Landlord if it determines that Tenant has failed to comply with
applicable ordinances, or state or federal law, or any conditions attached to
government approvals granted thereunder, after a public hearing before the
Landlord's Council
(b) Notice of Termination. The parties shall give notice. of termination in
writing by certified mail, return receipt requested. Such notice shall be effective upon
receipt as evidenced by the return receipt. All rentals paid for the Lease prior to said
termination date shall be retained by Landlord.
(c) Tenant's Liability for Early Termination. If Tenant terminates this Lease
other than of right as provided in this Lease, Tenant shall pay to Landlord as liquidated
damages for early termination, 150% of the annual rent for the year in which Tenant
terminates unless Tenant terminates during the last year of any Term under Paragraph
4 and Tenant has paid the annual rental for that year, which shall not be refunded.
(d} Site Restoration. In the event that this Lease is terminated or not
renewed, Tenant shall have 60 days from the termination or expiration date to remove
its Antenna Facilities, and related equipment from the Leased Premises, repair the site
and restore the surface of the Structure. Upon the commencement of this Lease,
Tenant shall provide a performance bond in the amount of $10,000 (ten thousand) to
guarantee timely restoration of the Site following any lease termination. In the event
that Tenant's Antenna Facilities, and related equipment are not removed to the
reasonable satisfaction of the Landlord, they shall be deemed abandoned and become
8
~~~ 1
the property of the Landlord and Tenant shall have no further rights thereto.
13. Limitation of Landlord's Liability. If Landlord terminates this Lease other than
as of right as provided in this Lease, or Landlord causes interruption of the business of
Tenant or for any other Landlord breach of this Lease, Landlord's liability for damages
to Tenant shall be limited to the actual and direct costs of equipment removal, relocation
or repair and shall specifically exclude any other recovery of damages to Tenant,
including but not limited to, value of the business of Tenant as a going concern, future
expectation of profits, loss of business or profit or related damages to Tenant.
14. Temporary Interruptions of Service. If Landlord determines that continued
operation of the Antenna Facilities would cause or contribute to an immediate threat to
public health and/or safety (except for any issues associated with human exposure to
radio frequency omissions, which is regulated by the federal government), Landlord
may order Tenant to discontinue its operation. Tenant shall immediately comply with
such an order. Service shall be discontinued only for the period that the immediate
threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify
Tenant as soon as possible after its- action and give its reason for taking the action.
Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's
service or interference with Tenant's operation of its Antenna Facilities. If the
discontinuance extends for a period greater than three days, either consecutively or
cumulatively, Tenant shall have the right to terminate this Lease within its sole
• discretion.
15. Tenant Interference.
(a) With Structure. Tenant shall not interfere with Landlord's use of the
Structure and agrees to cease all such actions which unreasonably and materially
interfere with Landlord's use thereof no later than three business days after receipt of
written notice of the interference from Landlord. In the event that Tenant's cessation of
action is material to Tenant's use of the Leased Premises and such cessation frustrates
Tenant's use of the Leased Premises, within Tenant's sole discretion, Tenant shall have
the immediate right to terminate this Lease.
(b) With Higher Priority Users. If Tenant's Antenna Facilities cause
impermissible interference with higher priority users as set forth under Subparagraph
5(a) above or with pre-existing tenants, Tenant shall take all measures necessary to
correct and eliminate the interference. If the interference cannot be eliminated within 48
hours after receiving Landlord's written notice of the interference, Tenant shall
immediately cease operating its Antenna Facilities and shall not reactivate operation,
except intermittent operation for the purpose of testing, until the interference has been
eliminated. If the interference cannot be eliminated within 30 days after Tenant
received Landlord's written notice, Landlord may at its option terminate this Lease
immediately.
(c) Interference Study -New Occupants. Upon written notice by Landlord
that it has a bona fide request from any other party to lease an area including or in close
proximity to the Leased Premises ("Leased Premises Area"), Tenant agrees to provide
9
~1c-Icy
Landlord, within sixty (60) days, the radio frequencies. currently in operation or to be
operated in the future of each transmitter and receiver installed and operational on the
Lease Premises at the time of such request. Landlord may then have an independent,
registered professional engineer of Landlord's choosing perform the necessary
interference studies to determine if the new applicant's frequencies will .cause harmful
radio interference to Tenant. Landlord shall require the new applicant to pay for such
interference studies, unless the Landlord or other higher priority user requests the use.
In that event, the Tenant and all other tenants occupying the Leased. Premises Area
shall pay for the necessary interference studies, pro rata.
(d) Interference -New Occupants. Landlord agrees that it will not grant a
future lease in the Leased Premises Area to any party who is of equal or lower priority
to Tenant, if such party's use is reasonably anticipated to interfere with Tenant's
operation of its Antenna Facilities. Landlord agrees that it will require any subsequent
occupants of the Leased Premises Area of equal or lower priority to Tenant to provide
Tenant these same assurances against interference. Landlord shall have the. obligation
to eliminate any interference with the operations of Tenant caused by such subsequent
occupants. If such interference is not eliminated, Tenant shall have the right to
terminate this Lease or seek injunctive relief against the interfering occupant, at
Tenant's expense.
16. Successors and Assigns. This Agreement shall run with the Property and shall
be binding on and inure to the benefit of the parties, their respective successors,
. personal representatives and assigns. Tenant will not assign or transfer this Agreement
or sublet all or any portion of the Leased Premises without the prior written consent of
Landlord which consent will not be unreasonably withheld or delayed provided,
however, that Tenant may assign or sublet without Landlord's consent to any party
controlling, controlled by or under common control with Tenant or to any party which
acquires substantially all assets of Tenant. Except as provided above, Lessee shall
make no other assignment or transfer of this Agreement without obtaining the written
consent of Lessor, which consent shall not be unreasonably withheld.
17. Condemnation. In-the event the whole of the Leased Premises is taken by
eminent domain, this Lease shall terminate as of the date title to the Leased Premises
vests in the condemning authority. In event a portion of the Leased Premises is taken
by eminent domain, either party shall have the right to terminate this Lease as of said
date of title transfer, by giving thirty (30) days' written notice to the other party. In the
event of any taking under the power of eminent domain, Tenant shall not be entitled to
any portion of the reward paid for the taking and the Landlord shall receive full amount
of such award. Tenant hereby expressly waives any right or claim to any portion
thereof. Although all damages, whether awarded as compensation for diminution is
value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord,
Tenant shall have the right to claim and recover from the condemning authority, but not
from Landlord,. such compensation as may be separately awarded or recoverable by
Tenant on account of any and all damage to Tenant's business and any costs or
expenses incurred by Tenant in moving/removing its equipment, personal property,
Antenna Facilities, and leasehold improvements.
10
~~-~I
18. Enforcement and Attorneys' Fees. In the event that either party to this Lease
shall bring a claim to enforce any rights hereunder, the prevailing party, as deemed by
the arbitrator or court, including appellate courts, shall be entitled to recover costs and
reasonable attorneys' fees incurred as a result of such claim.
19. Notices. All notices hereunder must be in writing and shall be deemed validly
given if sent by certified mail, return receipt requested, addressed as follows (or any
other address that the party to be notified may have designated to the sender by like
notice):
If to Landlord, to: City of Richfield
6700 Portland Avenue South
Richfield, MN 55423
If to Tenant, to: T-Mobile USA, Inc.
12920 SE 38~' Street
Bellevue, WA 98006
Attn: PCS Lease Administrator and Legal Department
With a copy to: T-Mobile Central, LLC
8550 Bryn Mawr Avenue
Chicago, IL 60631
Attn: Lease Administration Manager
• 20. Authorit .Each of the individuals executing this Lease on behalf of the Tenant
or the Landlord represents to the other party that such individual is authorized to do so
by requisite action of the party to this Lease.
21. Binding Effect. This Lease shall run with the Leased Premises. This Lease
shall extend to and bind the heirs, personal representatives, successors and assigns of
the parties hereto.
22. Complete Lease; Amendments. This Lease constitutes the entire agreement
and understanding of the parties and supersedes all offers, negotiations, and other
agreement of any kind. There are no representations or understandings of any kind not
set forth herein. Any modification of or amendment to this Lease must be in writing and
executed by both parties.
23. Governing Law. This Lease shall be construed in accordance with the laws of
the State of Minnesota.
24. Severability. If any term of this Lease, is found to be void or invalid, such
invalidity shall not affect the remaining terms of this Lease, which shall continue in full
force and effect.
i 25. Quiet Possession. Tenant is entitled to quiet possession of the Leased
Premises throughout the Term and any Renewal Term so long as Tenant is not in
11
'1 c-~ z-
default hereunder beyond any applicable cure period.
26. Memorandum of Lease. If requested by Tenant, Landlord will promptly execute
and deliver to Tenant a recordable Memorandum of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed
their respective seals the day and year first above written.
LANDLORD: City of Richfield
By
Its Mayor
By
Its City Manager
TENANT: T-Mobile Central, LLC
By:
Hossein Sepehr
• Title: Director of Engineering & Operations
Date: , 2008
T-Mobile Legal Approval
•
12
'~C-~~
•
ACKNOWLEDGMENT
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The Foregoing instrument was acknowledged before me this day of
2008 by and ,the -Mayor and City
Manager respectively of the City of Richfield, on behalf of the corporation.
Notary Public in for the State of Minnesota
County of
My Commission expires:
ACKNOWLEDGMENT
• STATE OF )
ss.
COUNTY OF )
The Foregoing instrument was acknowledged before me this day of
2008 by the of
on behalf of the limited liability company.
Notary Public in for the State of
County of
My Commission expires:
L..~
13
~~
AGENDA SECTION: CONSENT
AGENDA ITEM # 7D
REPORT # 231
STAFF REPORT
CITY COUNCIL MEETING
OCTOBER 14, 2008
•
REPORT PREPARED BY:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
CHRIS REGIS, FINANCE MANAGER
.NAME, TITLE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of authorizing lease for antenna space on Logan Avenue water tower to
Telecom Trans ort Mana ement, Inc. TTM
I. RECOMMENDED ACTION:
By Motion: Authorize .the City Manager to execute a lease agreement
with TTM for antenna space on the Lo an Avenue water tower.
~ II. BACKGROUND
As Council Members are aware, the mobile telephone industry represents a
significant marketplace in the Twin City metropolitan area. A number of firms have
authorization to establish telecommunications towers and operations in the
Minneapolis/St. Paul area. As such, those firms are generally approaching cities.
and schools in order to negotiate lease agreements for the use of some of their
respective facilities for antenna space. Lighting, radio and- water towers are such
facilities that provide an excellent base for antenna space.
Most recently the City has been approached by Telecom Transport Management,
Inc. (TTM) to install one microwave dish antenna and one equipment cabinet to
support the antenna. TTM provides and operates a utility service, specifically T1
lines, for telecommunication carriers. This utility service allows the necessary voice
and data transfer to function efficiently. Due to the high volume of voice and data
transfer by the consumers surrounding the Logan Avenue Water Tower, additional
T1 lines are needed at this site.
This is the first lease agreement for the City with this. particular type of equipment.
The equipment that will be used is one small ground based equipment cabinet that
1014TTM 2008 Antenna Lease
will support one small microwave dish antenna that will utilize less. space on the
specific water tower. This is in contrast to previous cell antenna leases that
• encompass several arrays of antennas over a much larger space on the water
tower and larger ground support equipment.
After considerable discussion, TTM and the City .have come to tentative approval of
a .lease agreement including plans for the ground equipment box required to support
the antenna facility. The major terms of the lease, which is a variation of the model
lease developed by the League of Minnesota Cities, are as follows:
1. The IeaseJ is to begin on December 31, 2008.: or the start of construction,
whichever is earlier, pending approval of other agencies such as the FCC and
will end on December 31, 2013. The term of the lease may be extended for four
additional five-year periods.
2. The .lease for the tower antenna space shall be. $4,800 for the initial year and be
increased annually by four percent or^an amount equal to the CPI, whichever'is
greater,. over the previous year's annualized rent. However, 2008 will be
prorated for the period beginning on December 31, 2008 or the start of
construction, whichever is earlier.
3. The facility that would be needed by TTM to provide support service to the
antenna would be incorporated into a fenced area under the existing water tower
and would be secured from public access.
III. BASIS OF RECOMMENDATION
A. POLICY
• • The antenna on the water tower will not cause any .problems or
interference with the communications of the City.
• The lease, m its entirety, provides for many favorable provisions and
protections for the City of Richfield, and has been reviewed and
approved by the City Attorney's office.
• TTM has agreed to the terms of the lease agreement.
B. CRITICAL ISSUES
• Staff is requesting approval at the October 14, 2008 City Council
meeting so that TTM may begin activity in conjunction with
establishing this antenna space and the support structures needed to
accompany it.
C. FINANCIAL
• The $4,800 annual lease payment is a fair amount and is
commensurate with what Richfield and other cities are getting for
similar antenna facilities in the metro area.
D. LEGAL,
The lease document has been reviewed and approved by the City
Attorney's Office.
TERNATIVE
• The City Council could defer action on this item to a future meeting.
• V. ATTACHMENTS
PRINCIl'AL PARTIES EXPECTED AT MEETING.
• Sarah Michaels, Telecom Transport Management, Inc.
Site Name: Logan Avenue ~ ®'
• Richfield Site :Logan Water Tower
SITE LEASE AGREEMENT
This Site Lease Agreement ("Agreement") is made as of this , 2008, by and between
City of Richfield, a Minnesota municipal corporation ("Owner"), whose address is 6700 Portland
Avenue, Richfield, MN 55423-2560 and TTM Operating Corporation, Inc., a Delaware
corporation ("Lessee"), whose address is 146 N. Canal Street, Suite. #210, Seattle, WA 98103,
for the leasing of certain property interests at 7401 Logan Avenue South, County of Hennepin,
State of Minnesota, pursuant to the following terms:.
1. PROPERTY. The property interests hereby leased (collectively, the "Leased Premises")
and granted by Owner shall include the following: real .property comprised of
approximately Sixteen (16) square feet of land, water tower ("Structure") exterior space
for attachment of up to one (1) antennas; -space required for cable runs to connect
equipment and antennas; non-exclusive easements required to run utility lines and cables,
and anon-exclusive easement across Owner's Property (hereinafter defined) for access in
or upon the Owner's real property ("Owner's Property") legally described on Exhibit "A"
attached hereto. The Leased Premises are shown in relation to the Owner's Property on
Exhibit "B" attached hereto. The exact location of the Leased Premises upon the Owner's
• Property has been approved by the Owner and is a condition to Owner execution of this
Agreement.
2. TERM. The initial term of this Agreement shall begin on the "Commencement Date" (as
hereinafter defined) -and subject to the terms of the Termination paragraph herein, shall
end on December 31, 2013 ("Initial Term"). The Commencement Date shall be
December 31, 2008 or upon commencement of construction of the Communications
Facilities, whichever first occurs.
3. RENT. Lessee shall pay Owner the annual rent beginning twenty (20) days after the
Commencement Date for the first calendar year (or portion thereof) and thereafter ten
(10) days prior to the first business day of the next calendar year of the term of this
Agreement. The annual rent for the initial term shall be four thousand eight hundred and
NOl100 dollars ($4,800.00) ("initial Annual Rent") together with any applicable sales
tax. Rent for any initial partial year will be prorated. Lessee shall be entitled to a pro-rata
reimbursement of any pre-paid Rent upon early termination of this Agreement as
provided for in the termination provisions below. The annual rent shall be increased
January 1 of 2009 and each year thereafter by the greater of 4% of the previous year's
annualized rent or by the increase in the Consumer Price Index ("CPI"). The CPI shall
mean the Consumer Price Index for AU Urban Consumers, All Cities, All Items
(1984=100)" as published by the United States Department of Labor Statistics, or if such
index shall be discontinued, the successor index, or if there shall be no successor index,
such comparable index as mutually agreed upon by the parties. To determine the annual
• rental increase to be paid by Lessee under a CPI adjuster, the annual rental for the
t,J
previous year shall be multiplied by a percentage figure, computed from a fraction, the
numerator of which shall be the CPI for the third quarter of the preceding year and the
denominator of which shall be the CPI for the corresponding quarter of one year earlier.
Such fraction shall be converted to a percentage equivalent. The resulting percentage
figure shall be multiplied by the previous year's rent (annualized for the first year).
Owner shall endeavor to communicate all rental increases to Lessee in writing by the
preceding December 1 of each year,. but Owner's failure to do so shall not result in a
waiver of or an estoppel to adding such increase in any year.
4. OPTION TERMS. Lessee may extend the term of the Agreement for four (4) additional
five (5) year option periods (individually, and "Option Period" and collectively, the
"Option Periods.") Lessee shall have elected to extend the term for each successive
Option Period unless it gives Owner written notice of its intention not to extend at least
thirty (30) days prior to the expiration of the then current term.
5. USE. Lessee may use the Leased Premises for the purpose of installing, removing, ,
replacing, maintaining, modifying, altering and operating a communications facility
(collectively, the "Communications Facility" or "Facilities"). The manner in which the
Communications Facility is attached to the Leased Premises has been approved by Owner
and a building permit for such installation has been issued by Owner. Lessee shall request
access to the Structure twenty-four (24) hours in advance, except in an emergency when
• no prior notice is required, and Owner's approval shall not be unreasonably withheld or
delayed. Owner shall provide Lessee with twenty-four (24) hour, seven (7) day a week
year round access to the Leased Premises. Provided, however, that at Owner's sole
option, Owner may require that an Owner representative accompany Lessee during any
such access and that Lessee reimburse Owner at the representative's established hourly
rate of compensation. Lessee will pay all personal property taxes (if any) assessed
against the Communications Facility upon satisfactory evidence of such assessment as
provided by Owner. Owner shall timely pay all real property taxes and assessments
against the Owner's Property. Lessee will not allow any mechanics' or materialmen's
liens to be placed on the Leased Premises as a result of its work on the Leased. Premises.
6. FACILITIES.
A. Installation. Lessee agrees to install its Communications Facilities as described
in Exhibit "D" attached hereto, in compliance with the Site Standards (as outlined
in Exhibit "C") and any reasonable .amendments thereto, all FCC rules and
regulations, and with good engineering practices. Lessee agrees .that its
Communications Facilities will be of types and frequencies which will not cause
radio frequency interference to Owner or to any other lessees of the Owner's
Property existing as of the Commencement Date, provided that Owner, all lessees
and. other users of the Owner's Property are in full compliance with Subparagraph
6A herein, In the event'such interference does occur, Lessee agrees that it shall be
~7D-3
responsible for the correction. of said. interference, at its own expense, as provided
in Paragraph 7 below.
Lessee shall construct at its expense the Communications Facilities on the Leased
Premises in accordance with Owner-approved plans, specifications and site plan
on file with Owner and as identified in Exhibit "D" and in accordance with all
applicable codes, ordinances and statutes. After construction Lessee shall repair
and maintain its Communications Facilities and all antennas for reasons of safety
and aesthetics at its own expense, which repair and maintenance shall occur at
least annually.
B. Frequencies. Lessee has listed in Exhibit D the range of frequencies it shall
operate on the Leased Premises. Prior to adding additional frequencies on the
Leased Premises, Lessee agrees to notify the Owner of the modified frequencies.
Lessee shall. carry out the necessary interference studies and Owner, at its sole.
option, may independently verify the study results at Lessee's expense. For the
purpose of this Agreement, harmful interference shall be defined as transmitters
that produce receiver desensing because of inadequate frequency spacing between
new transmitters and existing receivers, or transmitters that produce second, third,
or fifth order harmful intermadulation products within twenty (20) KHZ of
existing .receivers on the Owner's Property. Lessee will not utilize transmitters at
the Leased Premises that cause harmful interference to existing radio users on the
• Owner's Property.
Lessee may, at its option, add or modify its Communications Facilities on the
Leased Premises with prior notification to and approval of the Owner, but will not
be required to notify Owner of work completed within Lessee's communications
building.
7. LESSEE INTERFERENCE.
A. User Priority. Lessee agrees that the following priorities of use, in descending
shall apply in the event of communication interference or other conflict while this
Agreement is in effect:
1. Owner;
2. Public safety agencies, including law enforcement, fire, and ambulance
services, that are not a part of the Owner; and
3. Lessee and other government-regulated entities whose antennas offer a
service to the general public for a fee, in a manner similar to a public
utility, such as long distance and cellular telephone, not including radio or
television broadcasters.
B. With Structure. Lessee shall not interfere with Owner's use of the Structure and
agrees to cease all such actions which unreasonably and materially interfere with
~fl-~
Owner's use thereof no later than three business days after receipt of written
notice of the interference from Owner. In the event that Lessee cessation of action
is material to Lessee's use of the Leased Premises and such cessation frustrates
Lessee's use of the Leased Premises within Lessee's sole discretion, Lessee shall
have the immediate right to terminate this Agreement for cause and without
payment for any damages. The term "interference" in this Section B includes
mechanical interference or any installation by Lessee that interferes with the
operation and maintenance of the Structure.
C. With Higher Priority Users. If Lessee's Communications Facilities cause
impermissible interference with higher priority users as set forth in Subparagraph
7A above or with preexisting tenants as of the Commencement Date, Lessee shall
take all measures necessary to correct and eliminate the interference: If the
interference cannot be eliminated within forty-eight (48) hours after receiving
Owner's written noting of the interference, Lessee -shall immediately cease
operating its Communications Facilities and shall not reactivate operation, except
intermittent operation for the purpose of testing, until the interference has been
eliminated. If the interference cannot be eliminated within sixty (60) days -after
Lessee received Owner's written notice, Owner or Lessee may at its option
terminate this Agreement immediately for cause and without payment of any
damages.
• D. Interference Study -- New Occupants. Upon written notice by Owner that it has
a bona fide request from any other party to lease an area including or in close
proximity to the Leased- Premises ("Leased Premises Area"), Lessee agrees to
provide Owner within sixty (60) days, the radio frequencies currently in operation
or to be operated in the future of each transmitter and receiver installed and
operational by Lessee on the Leased Premises. At the time of such request
Owner may then have an independent, registered professional engineer of Owner s
choosing perform the necessary interference studies to determine if the new
applicant's frequencies will cause harmful radio interference to Lessee. Owner
. shall require the new applicant to pay the reasonable cost for such interference.
studies.
E. Interference-New Occupants. Owner agrees that it will not grant a future lease
in the Leased Premises Area to any party who is of equal or-lower priority to
Lessee, if such party's use is reasonably anticipated to interfere with Lessee's
operation of its Communications Facilities or would contribute to causing
interference with higher priority users. Owner agrees further that any future
lease of the Leased Premises Area will prohibit a user of equal or lower priority
from interfering with Lessee's Communications Facilities. Owner agrees that it
will require any subsequent occupants of the Leased Premises Area of equal or
lower priority to Lessee to provide Lessee these same assurances against
interference. Owner shall have the obligation to eliminate any interference with
the operation of Lessee caused by such subsequent occupants. If such
• interference is not eliminated, Lessee shall have the right to terminate this
~~~
Agreement or seek injunctive relief against the interfering occupant, at Lessee's
expense.
F. Owner Consultant/Facilities Removal/Restoration Costs. Upon full execution
of this Agreement, Lessee shall deposit with. Owner the sum of five thousand and
No/100 Dollars($5,000.00) for reimbursement to Owner for costs. it may incur in
connection with Lessee's operations at the Leased Premises or its failure to
remove Communication Facilities upon termination of this Agreement, including
but not limited to Owner use of an independent, qualified consultant to undertake
frequency or .interference testing when reasonably necessary during the term of
this Agreement, including renewals, or to remove Communication Facilities or
restore the Leased Premises Area to the same condition that existed before Lessee
entered into this Agreement. Lessee expressly agrees that Owner may also draw
on this deposit to reimburse Owner for its inspection costs associated with the
installation, ongoing operation, maintenance, and modification of Lessee's
equipment.
8. UTILITIES. Payment for electric service, telephone or other communication services to
the Communications Facility shall be Lessees sole responsibility. Owner agrees to
cooperate with Lessee in its efforts to connect the Communications Facility to existing
utility service at Lessee's expense.
• 9. INSURANCE.
A. Indemnity. Lessee shall indemnify Owner and hold Owner harmless from and
against any and all claims and demands relating to the negligence or misconduct
of Lessee, its agents and employees, including the payment of reasonable
attorneys' fees and costs for' damages to property and injury or death to persons,
including any payments made under any workers' compensation law or any plan
for employees' disability and death benefits, which may arise out of or be caused
by the installation, maintenance, presence, use or removal of Lessee's
Communications Facilities in the Leased Premises described hereunder, except as
said claim or demand may arise out of or in any way result from the negligence or
willful misconduct of Owner, its employees, agents or invitees. Owner does not
waive any rights it has under Minnesota Statutes, Chapter 466, governmental
immunities.
B. Workers Compensation. Lessee must maintain Workers' Compensation
insurance in compliance with all applicable statutes. The policy shall also provide
Employer's Liability coverage with limits of $1,000,000 bodily injury each
accident, $1,000,000 bodily injury by disease, policy limit, and $1,000,000 bodily
injury by disease, each employee.
C. General. Liability. Lessee must maintain an occurrence form Commercial
General Liability Coverage. Such coverage shall provide for third party bodily
l~°"~Q
injury and property damage arising out Lessee's use, maintenance, or operation of
• the Leased Premises and Communications Facility.
Lessee must maintain aforementioned Commercial General Liability Coverage
with limits of liability of $1,000,000 each occurrence; $1,000,000 personal and
advertising injury; $2,000,000 general aggregate, and $2,000,000 products and
completed operations aggregate. These limits maybe satisfied by the Commercial
General Liability Coverage or in combination with an Umbrella or Excess
Liability Policy, provided coverage afforded by the Umbrella or Excess Policy is
no less than the underlying commercial General Liability Coverage.
D. Automobile Liability. Lessee must carry Commercial Automobile Liability
Coverage. Coverage -shall afford total combined single limits in the amount of
$1,000,000 per accident. The liability limits may be afforded under the
Commercial Automobile Liability Policy, or in combination with an Umbrella or
Excess Liability Policy provided coverage afforded by the Umbrella or Excess
Policy is no less than the underlying Commercial Automobile Liability coverage.
Coverage shall be provided for third party bodily injury and property damage
arising out of the ownership, use maintenance or operation of all owned,. non-
owned, and hired automobiles.
Unless rejectable by State law, the Commercial Automobile Policy shall include
• at least statutory personal injury protection, uninsured motorists and
underinsured motorists coverages.
E. Lessee Property Insurance. Lessee must keep in force during the term of the
Agreement a policy covering damages to its Communications Facilities at the
Leased Premises. The amount of coverage shall be sufficient to replace the
damaged property, loss of use and comply with any ordinance or law
requirements.
F. Additional Insured-Certificate of Insurance. Lessee shall provide, prior to
tenancy, evidence of the required insurance in the form of a Certificate of
Insurance issued by a company mutually agreeable to both Owner and Lessee
(rated A or better), licensed to do business in the state of Minnesota, which
includes all coverages required in this Paragraph. Lessee will name Owner as an
Additional Insured on the Commercial General Liability and Commercial
Automobile Liability Policies. The Certificate(s) shall provide that the- coverage
may not be canceled without thirty-(30) days prior written notice to Owner.
G. Casual .Neither party shall be liable to the other (or to the other's successors or
assigns) for any loss or damage caused by fire or other casualty.
H. Owner's Insurance. The Owner is covered by insurance through the League of
• Minnesota Cities Insurance Trust.
~7 D -~
.]
10. TERMINATION.
A. Termination Events. Except as otherwise provided herein, this Agreement may
be terminated, without any penalty or further liability, on sixty (60) days notice as
follows:
1. by either party upon .default of any covenant or term hereof by the other
party which default is not cured within sixty (60) days of receipt of written
notice of default (without, however, limiting any other rights available to
the parties pursuant to any other provisions hereof] unless such default
may not reasonably be cured within a sixty (60) day period in which case,
this Agreement may not be terminated if the defaulting party commences
action to cure the default within such sixty (60) day period and proceeds
with due diligence to fully cure the default;
2. by Lessee if it is unable to obtain or maintain any license, permit or other
governmental approval necessary to the construction and/or operation of
the Communications Facilities or Lessee's business;
3. by Lessee if the Leased Premises is or becomes unacceptable under
Lessee's design or engineering specifications or the communications
systems to which the Communications Facilities belong;
4. By Owner, upon nine (9) months prior written notice to Lessee, if its
Council votes to redevelop the Leased Premises in a manner inconsistent
with the continued use of the Leased Premises by Lessee and/or
discontinues use. of the Structure, including destroying the Structure, for
all purposes;
5. By Owner, upon sixty (60) days written notice, if an independent licensed
engineer determines that the Structure is structurally unsound, including,
but not limited to, consideration of age of the Structure, damage or
destruction of all or part of the Structure on the Leased Premises from any
source;
6. By Owner, upon sixty (60) days written notice, if after engineering
studies, it determines that a potential user with a higher priority under
Subparagraph 7A above cannot find another adequate location, or the
Communications Facilities unreasonably interfere with another user with a
higher priority, regardless of whether or not such an interference was
predicted in the .initial interference study that was part of the application
process, provided that Owner shall not at any time over the balance of the
• then existing term and all unexpired .Option Periods, lease the Leased
~7 b - ~
Premises space as depicted. on Exhibit A-1 attached hereto to another party
with equal or lesser priority for the same use as that of Lessee.
B. Site Restoration. In the event that this Agreement is terminated or not renewed,
Lessee shall have sixty (60) days from the termination or expiration date to
remove its Communications Facilities, and related equipment from the Leased
Premises, repair the site and restore the surface of the Structure, reasonable wear
and tear excepted. Upon the. timely removal of the Facilities and related
equipment, the repair of the site and the restoration of the Structure surface to the
reasonable satisfaction of the Owner, reasonable wear and tear and casualty
excepted, Owner shall return the remaining deposit established pursuant to
paragraph 7.F. above. In the event that Lessee's Communications Facilities and
equipment are not removed within the allotted time frame, they shall be deemed
abandoned and become the property of the Owner and Lessee shall have no
.further rights thereto. All costs incurred by Owner in the removal of said
abandoned equipment and site restoration shall be reimbursed from the deposit
established in paragraph 7.F. If said deposit is insufficient to reimburse Owner
fully for its reasonable costs, Owner shall invoice Lessee, or its successor, for the
remaining balance which shall be due and payable within thirty (30) days of
mailing. The provisions of this paragraph shall not be limited by Owner's waiver
of rights concerning the Communications Facility as provided for in paragraph
19.
• 11. COMPLIANCE WITH STATUTES AND REGULATIONS: Lessee's
Communications Facilities shall be erected, maintained and operated in accordance with
City code, and State statutes, rules and regulations and in compliance with any
regulations and in compliance with any rules or orders now in effect or that hereafter may
be issued by the FCC, and FAA and the Metropolitan Airports Commission and with the
Site Standards as outlined in Exhibit "C.
12. MAINTENANCE AND OPERATION PROPERTY.
A. Owner Right to Operate. Owner shall have the right to operate its facilities at
the Structure in such manner as will best enable it to fulfill its own service
requirements, but in accordance with the provisions herein. Owner shall not be
liable to Lessee for any interruption of the service of Lessee or for interference
with the operation of Lessee's Communications Facilities arising in any manner
from Owner's use of the Leased Premises thereunder, unless due to the gross,
negligence or willful misconduct of Owner, its employees, agents, or invitees:
B. Limitations of Owner's Liability. If Owner terminates this Agreement other
than as of right as provided in this Agreement, or Owner negligently causes
interruption of the business of Lessee or for any other Owner breach of this
Agreement, Owners liability for damages to Lessee shall be limited to the actual
and direct costs of Communication Facilities and equipment removal, relocation
or repair and shall specifically exclude any recovery for value of the business of
~'D-`~
Lessee as a going concern, future expectation of profits, loss of business or profit
or related damages to Lessee.
C. Temporary Interruptions of Service. If Owner reasonably determines that
continued operation of the .Communications Facilities would cause or contribute
to an immediate ;threat to public health and/or safety including evidence that
Lessee is failing to comply with FCC emission standards relating to radio
frequency transmission, Owner may order Lessee to discontinue its operation.
Lessee shall immediately comply with such order. Service shall be discontinued
only for the period that the immediate threat exists. If Owner does not give prior
notice to Lessee, Owner shall notify Lessee as soon as possible after its action
and give its reason for taking the action. Owner shall not be liable to Lessee or
any other party for any interruption in Lessee's service or interference with
Lessee's operation of its Communications Facilities, except as may be caused by
the gross negligence or willful misconduct of Owner, its employees or agents. If
the discontinuance extends for a period greater than three days, either
consecutively or cumulatively, Lessee shall have the right to terminate this.
Agreement within its sole discretion for cause and without payment of any
damages.
D. Maintenance, Improvement Expenses All modifications to the Leased
Premises and all improvements made for Lessee's benefit shall be at Lessee's
. expense and such improvements, including the Communications Facility and
equipment, shall be maintained in a good state of repair at least equal to the
standard of maintenance of the surrounding Owner's Property on or adjacent to
the Leased Premises and shall be secured by Lessee. Lessee's antennas shall at all
times be painted, at Lessees expense, the same color as the Structure. In the
event Owner's reasonable maintenance of Owner's Property affects areas
involving the Leased Premises, within ten (10) days of receipt of prior written
notice from Owner, Lessee agrees to protect its equipment from such repairs at
Lessees sole cost and expense. Should Owner's maintenance cause an
interruption in Lessees use of the Leased Premises (i.e. removal. of Lessee's
antennas for Structure maintenance), Lessee shall be allowed to place a
temporary facility in order to maintain uninterrupted service, provided such
facility does not endanger the public health, safety and welfare. Lessee's ability
to place a temporary facility shall also apply in the event that Owner removes the
Structure and this Agreement is allowed to remain in force as discussed earlier in
Section 4. Lessee shall remove the temporary facility as soon as the need for the
temporary facility has ended.
E. Replacements. Before Lessee may expand the Communications Facility, Lessee
must notify and provide a detailed proposal to Owner. Lessee shall submit to
Owner a detailed proposal for any such expansion and any other information
reasonably requested by Owner for such requested expansion, including but not
limited to, a technical study carried out at Lessee's expense. The proposal shall be
`7D~~.~
deemed approved if Owner has not responded within sixty (60) days of receipt of
the detailed proposal.
F. Additional Maintenance Expense Upon notice from Owner, Lessee shall
promptly pay to Owner from the deposit established in paragraph 7.F. all
..reasonable additional Owner expenses incurred in maintaining the Leased
Premises including painting of the Leased Premises that are directly caused by
Lessee s occupancy of the Leased Premises.
13. HAZARDOUS SUBSTANCES. Owner represents that Owner has no knowledge of any
substance, chemical, or waste on Owner's Property that is identified as hazardous, toxic
or dangerous in any applicable. federal, state or local law or regulation. Owner shall hold
Lessee harmless from and indemnify Lessee against any damage, loss, expense, response
costs, or liability, including consultant fees and attorneys' fees resulting from the
presence of hazardous substances on, under, or around Owner's Property or resulting
from hazardous substances being generated, .stored, disposed of, or transported to, on,
under,. or .around Owner's Property as long as the hazardous substances were not
generated, stored, disposed of, or transported by Lessee or its employees, agents or
contractors.
14. CASUALTY. If any portion of Owner's. Property or the Communications Facility is
damaged by any casualty and such damage adversely affects Lessee's use of the Leased
• Premises, this Agreement shall terminate as of the date of the casualty if Lessee gives
written notice of the same within thirty (30) days after Lessee receives notice of such
casualty.
15. CONDEMNATION. If a condemning authority takes any portion of Owner's Property
and such taking adversely affects Lessee's use of the Leased Premises, this Agreement
shall terminate as of the date of the taking if Lessee gives written notice of the same
within thirty (30) days after Lessee receives notice of such taking. The parties shall be
entitled to make claims in any condemnation proceeding for value of their respective
interests in Owners Property (which for Lessee may include, where applicable, the
value of the Communications Facility, moving expenses, prepaid rent, and business
relocation expenses). Sale of all or part of Owner's Property to a purchaser with the
power of eminent domain in the face of the exercise of such power shall be treated as a
taking by condemnation.
16. QUIET ENJOYMENT. Lessee, upon performance of its obligations hereunder, shall
peaceably and quietly have, hold and enjoy the Leased Premises. If, as of the date of
execution of this Agreement or hereafter, there is any mortgage or other encumbrance
affecting Owner's Property, Owner agrees to obtain from the holder of such
.encumbrance an agreement that Lessee shall not be disturbed in its possession, use and
enjoyment of the Leased Premises. Owner shall not cause or permit any use of Owner's
Property which interferes with or impairs (a) the integrity of the Communications
• Facility or the structure to which it is attached or (b) the quality of the communication
~~~~~
services being rendered by Lessee from the Leased Premises. Except in cases of
emergency, Owner shall not have access to the Leased Premises, except the Structure,
unless accompanied by Lessee personnel
17. MISCELLANEOUS.
A. Authority; Title. Owner represents and warrants that Owner has full authority to
enter into this Agreement and that any person or entity executing in a
representative capacity for Owner has full authority to do so, such authority being
verified and confirmed by attestation in the provided therefor. Further, Owner
represents that it has good and marketable title to Owner's Property.
B. Integration; Amendment. This Agreement supersedes all prior discussions and
negotiations and contains all agreements and understandings between Owner and
Lessee, except that Owner and Lessee also have entered into a certain Access
Agreement that shall operate independently of this Agreement. This Agreement
may only be amended in writing signed by all parties. Exhibits "A" through ~~D"
are incorporated into this Agreement by reference.
C. Counterparts. This Agreement may be signed in counterparts by the parries
hereto.
D. Successors in Interest. The terms and conditions of this Agreement shall run
• with the land and shall extend to and bind the heirs, personal representatives,
successors and assigns of Owner and Lessee.
E. Attorneys Fees. The prevailing party in any action or proceeding in court to
enforce the terms of this Agreement shall be entitled to receive its reasonable
attorneys fees and other reasonable enforcement costs and expenses from the non
prevailing party, for an amount not to exceed Five Thousand Dollars ($5,000)
total.
F. Memorandum of Agreement. Owner shall contemporaneously herewith execute,
acknowledge and deliver to Lessee for recording a Memorandum of this
Agreement ("Memorandum") in the form of Exhibit "B".
G. Notice. Notices shall be in writing and sent by United States Mail, postage
prepaid, certified or registered with return receipt requested or by courier service
to the address set forth beneath the signature of each party below. During the
Initial Term and any Option Period, Lessee shall provide Owner, the phone
number, for Lessee's person in charge of the site, i.e., site manager or project
manager. Lessee shall also send a copy of all such notices to Owner's public
works department as follows: Attn:
Richfield, MN 55364-1627.
C]
~ !~ --I 2
H. Governing Law. This Agreement shall be construed in accordance with the laws
of Minnesota. Each party agrees to furnish to the order, within ten (10) days after
request, such truthful estoppel information regarding this Agreement as the other
may reasonably request.
I. Broker. If either party is represented by any broker or listing agent, such party
shall be responsible for all commission, fee or other payment to such agent.
J. Document Execution. Owner hereby agrees to cooperate with Lessee and its
authorized representatives regarding any reasonable request made subsequent to
execution of this Agreement to correct any clerical. errors contained in the
Agreement and to provide any and all additional documentation deemed
necessary by Lessee to effectuate the transaction contemplated by this Agreement
The Owner further agrees that "to cooperate" as used in this Agreement includes
but is not limited to, the agreement by the Owner to execute or re-execute any
documents that Lessee reasonably deems necessary or desirable to carry out the
intent of this Agreement.
K. Owner's Affidavit. In order to induce a title insurance company to provide
coverage .against standard title insurance exceptions in a leasehold title insurance
policy to be issued to Lessee, Owner hereby agrees to execute, acknowledge and
deliver to Lessee an owner's affidavit in form customarily used by title insurance
companies in the community where Owner's Property is located.
• L. Owner Auurovals. Unless otherwise provided herein, Owner's approvals
required herein shall not be unreasonably withheld or unreasonably delayed.
M. Severability. If any term of this Agreement is found to be void or invalid, such
invalidity shall not affect the remaining terms of this Agreement, which shall
continue in fall force and effect.
N. Heading. Headings set forth herein are for convenience, only, and are notes be
construed against the content of any paragraphs herein.
18. ASSIGNMENT AND SUBLETTING. Lessee may not assign, or otherwise transfer all
or any part of its interest in this Agreement or in the Premises without the prior written
consent of Owner; provided, however, that Owner's consent shall not be required for any
assignment of Lessee's interest to its parent company, any subsidiary or affiliate of it or
its parent company or to any successor-in-interest or entity acquiring fifty-one percent
(51%) or more of its stock or assets, subject to any financing entity's interest, if any, in
this Agreement as set forth in Paragraph 19 below. Owner may assign this Agreement
upon written notice to Lessee, subject to the assignee assuming all of Owner's obligations
herein. Notwithstanding anything to the contrary contained in this Agreement, Lessee
may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its
interest in this Agreement to any financing entity, or agent on behalf of any financing
entity to whom Lessee (i) has obligations for borrowed money or in respect to guaranties
D-I 3
thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments,
or (iii) has obligations under or with respect to letters of credit, bankers acceptances and
similar facilities or in respect of guaranties thereof.
19. WAIVER OF OWNER'S LIEN. Owner waives any lien rights it may have concerning
the Communication Facilities which are deemed Lessees personal property and not
fixtures, and Lessee has the right to remove the same at any time without Owner's
consent, but upon written notice to Owner with a description of the Facilities removed.
Owner acknowledges that Lessee has entered into a financing arrangement including
promissory notes and financial and security agreements for the financing of the
Communication Facilities (the "Collateral") with a third party financing entity (and may
in the future enter into additional financing arrangements with other financing entities).
In connection therewith, Owner (i) consents to the installation of the Collateral; (ii)
disclaims any interest in the Collateral, as fixtures or otherwise; and (ii) agrees -that the
Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress
for any Rent due or to become due and that such Collateral maybe removed at and time
without recourse to legal proceedings.
r1
U
~fl-i~
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
respective seals the day and year first above written.
OWNER:
City of Richfield, a Minnesota municipal corporation'
By:
Bv:
Debbie Goettel, Mayor
By:
Steven L. Devich. City Manager
Address: 6700 Portland Avenue, Richfield, MN 55423-2560
Telephone: (612) 861-9700
Federal Tax ID #41-6005490
STATE OF MINNESOTA )
• ) ss.
COUNTY OF )
The foregoing instrument was acknowledged before this day of 2008, by
and Mayor and .City Manager
respectively, of the City of Richfield, a Minnesota municipal corporation on behalf of the
corporation.
•
TTM OPERATING CORPORATION, INC. ~ ~ ~
TTM Operating Corporation, Inc.
a Delaware corporation
By:
Its: its
Address:
With copies to:
STATE OF
COUNTY OF
ss.
The foregoing instrument was acknowledged
.the
Delaware corporation, on behalf of the corporation.
c:
before this day of 2008, by
of TTM Operating Corporation, Inc., a
•
~~-i~
EXHIBIT A
• LEGAL DESCRIPTION OF OWNER'S PROPERTY
The Property is legally described a follows:
S 20 Rods of Government Lot 4 And The N %2 of NE 1/a of SW '/a Also the E 100 FT of N 100 FT of S 590
FT of N %i of NW'/4 of SW 1/4 Ex Hwy
C.
•
7~-~,~
EXHIBIT "A-1"
SKETCH AND DESCRIPTION OF LEASED PREMISES SHOWN IN RELATION TO OWNER'S
PROPERTY
See Attached
•
It is agreed by Owner and Lessee that the precise legal description for any easements granted as part of the
Leased Premises, if required, will be generated by Lessee and acknowledged and approved by Owner.
Picture inserted/site plan
•
~. K~• •~:• 1~1116~'O'X6~'0•
~~"s` ~EpUlpl"<ENT~
NEiU 42'hc15~P TTP1= 3D MAC~T$K
N3R EhiGL09URE TO BE MOINfED TO
f~W H-FRAME
~.
// jJ x ~--~..
x ~~
•r t t{.
i•
TTM
ERICS80N
~~/
-cam-~-~
...f'
~-...~
x .~,~,~~
x
x
' +x
x _ 1.
'•.:~'
lTAfCs T-htOF.SU.E )_QUIPh~NT
SINETB ON p~ATfOF~J'1 TO i~~
tx ~
r c1` l1FfV 6•
~~ tUATEf2 TATk.
j"~
ice.. .4, k
}'
i~
.a'.
~.:
~.•Y
_._•`r ~-
~PRwT ~au»I~tT
pN COldGRETE QAa7 TD
~~
t Y • •rii:
.t ~:
«s . F-~
,~1.
!:
~~ ~
'.~~ .
;a
TTM 9178 NAME) ~'tO`O ~Q1
SITE App~89: ~••,~ :.,._eu /~y~
111-T JOS 1~IJMBER~ TOB~ B
SITE PLAN
6• ABOVE
3
NORTH
{, fir. ~ y'et
,~.:
'~<~'~..
!!4i
~~ t y .'
./ `•
woEi~°r ~+
YJ1RlLFRf INFRABtRU'CTW1Y.
Rpy~~9rgy0pf9Q
rx(72Q~~a;aui
ILUomrRa: ~amnae t~ov.oo9
pppypiCCRp ppS~y,TCOV.ARGCATON OESWN110.
o
E~IBIT B
Memorandum
of
Lease
MEMORANDUM OF LEASE
Assessor's Parcel Number: 33 028 24 31 001
Between the City of Richfield, a Minnesota municipal corporation ("Owner") and TTM
Operating Corporation, Inc., a Delaware limited liability company ("Lessee")
A Site Lease Agreement (the "Lease") by and between the City of Richfield, a Minnesota
municipal corporation, ("Owner") and TTM Operating Corporation, Inc., a Delaware corporation
("Lessee") was made regarding a portion of the following property:
See Attached Exhibit "A" incorporated herein for all purposes
The Agreement is for a term of Five (5) years and will commence on the date as set forth
in the Lease (the "Commencement Date"). Subject to the terms of this Agreement, Lessee shall
have the right to extend the Lease for four (4) additional and successive Five (5)-year terms.
IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum
effective as of the date of the last party to sign.
• OWNER: City of Richfield,
a Minnesota municipal corporation
By:
Its Mayor
Date:
By
Its City Manager
Date:
LESSEE: TTM Operating Corporation, Inc.
a Delaware corporation
By:
Printed Name:
Title:
Date:
•
C]
J ®'o~-~
lNotary block for Ownerl
[Owner Notary block for a Corporation, Partnership ,or Limited Liability Company)
STATE OF )
ss.
COUNTY OF )
This instrument. was acknowledged before me on by
,Mayor and by ,City Manager
of a [type of entity], on
behalf of said [name of entity].
Dated:
Notary Public
Print Name
My commission expires
(IJse this space for notary stamp/seal)
`1D-aa
lNotary block for Lesseel
STATE OF )
ss.
COUNTY OF ____ )
I certify, that. I know or have satisfactory evidence that is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath
stated .that he was authorized to execute the instrument and acknowledged it as the Director,
Engineering and Operations of TTM Operating Corporation, Inc., a Delaware corporation, to be
the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
•
(Use this space for notary stamp/seal)
•
~o-a~
Memorandum of Lease Exhibit A
Legal Description
The Property is legally described as follows:
S 20 Rods of Government Lot 4 And The N %2 of NE '/ of SW 1/a Also the E 100 FT of N 100
FT of S 590 FT of N i/i of NW's of SW 1/a Ex Hwy
•
•
~p-a~
EXHIBIT C
SITE STANDARDS
The planned communication facility complies with City of Richfield City Code Section 426.
•
! !-~'o~~
•
EXHIBIT D
COMMUNICATIONS FACILITIES (OWNER APPROVED)
r1
U
L .One antenna, model # UKY 210 78/SC15
2. Transmit Frequency 23430 Mghz
3. One cabinet 22" x 15" x 41"
4. Two coax lines
The items listed above along with other items detailed in Exhibit A-1 are included in the tenants communications
facilities.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
STAFF REPORT
CITY COUNCIL MEETING
OCTOBER 14, -2008
CONSENT
7E
232
REPORT PREPARED BY:
THOMAS FOLEY, TRANSPORTATION
ENGINEER
NAME, TITLE
•
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a .License Agreement with the Minnesota Department of Transportation for
use of the old Cit Maintenance Gara a site for a construction trailer.
I. RECOMMENDED ACTION:
By Motion: Authorize the Mayor and City Manager to sign the
attached License Agreement allowing the Minnesota Department of
Transaortation to use the old Citv Maintenance Garage site.
II. BACKGROUND
The Minnesota Department of Transportation has approached the City to lease part
of the old City Maintenance Garage site to locate a construction trailer for use in
supervising major reconstruction along I-35W from Burnsville to downtown
Minneapolis as part of the Urban Partnership Agreement Program (UPA.) This
program will demonstrate how certain critical improvements can increase the use of
transit and carpooling in a major traffic corridor such as I-35W.
III. BASIS OF RECOMMENDATION
• A. POLICY
• The City's Comprehensive Plan supports improvements to I-35W and
measures that promote transit and ridesharing.
1014License Agreement UPA
B. CRITICAL ISSUES
• None. The City can choose to accommodate Mn/DOT's need for a
field office.
C. FINANCIAL .
• The City will not incur any costs to provide a site for IVIn/DOT's field
office.
D. LEGAL
• The City Attorney prepared the attached License Agreement.
E. ENVIRONMENTAL CONSIDERATIONS
• The construction trailer will only be located temporarily on the old
garage site. No long-term environmental impacts of this action are
anticipated.
IV. ALTERNATIVE RECOMMENDATION(S~
• Council can choose to deny use of the garage site as a location for a
construction trailer.
V. ATTACHMENTS
• Proposed License Agreement between the City of Richfield and the
Minnesota Department of Transportation for. leasing the old City Maintenance
Garage site.
• Sketch showing the proposed location of the Mn/DOT trailer on the old City
Maintenance Garage site.
VI. PRINCIl'AL PARTIES EXPECTED AT MEETING
• None anticipated.
•
~i
LICENSE AGREEMENT
THIS AGREEMENT made and entered into as of this day of , 2008, by and
between CITY OF RICHFIELD, a Minnesota municipal corporation (hereinafter referred to as "Grantor"),
and STATE OF MINNESOTA, DEPARTMENT OF TRANSPORATION (hereinafter referred to as
"Grantee"). ~ .
WITNESSETH:
BACKGROUND
Grantor is the owner of the real property located at 7700 Pillsbury Avenue South, Richfield,
Minnesota, legally described as Lots 4, 5 and 6 and south %i of Lot 3, Block 4, R. C Soens Addition,
Hennepin County, Minnesota (the "Property"). That portion of the Property located north of 77~` Street
currently improved with buildings and an associated parking lot. Grantee desires to make use of a portion of
the parking lot, as shown on the attached Exhibit A (the "Licensed Premises"), on a temporary basis, in
connection with the following state transportation project: (the
"Project"). Grantor and Grantee hereby enter into this License Agreement for that purpose.
ARTICLE I -GRANT, TERM, TERMINATION
1.1 LICENSED PREMISES. In consideration of the covenants and agreements herein, Grantor
does hereby license to Grantee the Licensed Premises for the purpose of Grantee or its contractor parking a
construction office trailer anti for associated parking related to the Project. This License does not include the
• use of any buildings or structures located on the Property.
1.2 TERM. The term of this License will commence on
expire on ,unless earlier terminated unde
License. Upon termination of this License Agreement, the Grantee agrees
the same to the Grantor, or to Grantor's successor or assign.
ARTICLE II -USE OF PROPERTY
and will
r sections 4.1, 7.2 or 8.1 of this
to vacate the Property and deliver
2.1 GRANTEE'S USE. During the term of this License, the Licensed Premises may be used
only for the purposes identified in section 1.1. Grantee shall not use the Licensed Premises in connection
with any construction project other than the Project.
2.2 MAINTENANCE. The Grantee accepts the Licensed Premises AS IS, and WHERE IS with
all faults and defects. Grantee will be responsible, at its cost and expense to maintain the Licensed Premises
during the term of this Agreement. Grantee acknowledges that the Grantor will have no obligation of any
nature to Grantee to maintain, preserve or repair the Licensed Premises.
ARTICLE III -UTILITIES
3.1 CHARGES. Grantee shall pay for all utility services provided to the Licensed Premises
during the term of the License.
ARTICLE IV - DESTRUCTIONAND RESTORATION
4.1 DAMAGED. If all or part of the Licensed Premises or improvements is damaged by any
casualty, or is affected by any Act of God, whether insured or uninsured, the Grantor will have no obligation
to repair or rebuild the improvements. Grantee will have the option, but not the obligation, to .rebuild or
repair or to terminate this License by exercise of written notice to Grantor.
~~- a.
• ARTICLE V - LLABILITY
5.1 LIABILITY. Each parry is responsible. for its own employees for any claims arising under the
Workers Compensation Act. Each party is responsible for its own acts, omissions and the results thereof to
the extent authorized by law and will not be responsible for the acts and omissions of others and the results
thereof. Minnesota Statutes Section 3.736 and other applicable law govern liability of the State. Minnesota
Statutes Chapter 466 and other applicable law govern liabilities of Richfield.
5.2 INSURANCE. If Grantee allows the Licensed Premises to be used by a contractor of the
Grantee, the Grantee shall require the contractor to name the Grantor as an additional named insured on any
policy of public liability insurance that the Grantee requires of its contractor.
ARTICLE VI - ASSIGNMENT AND SUBLICENSING
6.1 NO ASSIGNMENT BY GRANTEE. Grantee may not assign its interest under this License
or sublicense the Licensed Premises, or any_part thereof without the prior consent of the Grantor.
ARTICLE VII -GRANTEE'S DEFAULT
7.1 EVENTS OF DEFAULT. The following events are deemed to be events of default by
Grantee under this License:
(a) Grantee or its contractor does or permits to be done anything which creates a lien of
record upon the Property; and does not cause said lien to be released within ten (10) days
• after written notice from Grantor; or
(b) Grantee or its contractor fails to comply with any other provision of this License and
has not cured any failure within thirty (30) days, 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.
7.2 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), may immediately
notify Grantee of such default and may, with such notice, retake possession of the Licensed Premises.
ARTICLE VIII -TERMINATION
8.1 Grantor may terminate this Agreement for any reason upon 90 days' written notice to
Grantee.
ARTICLE IX -MISCELLANEOUS PROVISIONS
9.1 COVENANT OF QUIET ENJOYMENT. Grantee, subject to the terms and provisions of
this License, on observing, keeping and performing all of the terms and provisions of this License on its part
to be observed, kept and performed, will lawfully, peaceably and quietly have, hold occupy and enjoy the
parking area of the Licensed Premises during the term hereof without hindrance or objection by any persons
lawfully claiming under Grantor.
9.2 ACCESS TO PROPERTY. Grantee acknowledges and understands that Grantor has
licensed the Property, except the Licensed Premises, to Lunda Construction Company, a contractor of
Grantor. Grantee agrees to cooperate with Grantor and Grantor's officers, agents, assigns,. contractors, and
employees in the shared use of the Property pursuant to the respective license agreements. The Grantor will
~ E-3
;~
•
use reasonable efforts not to interrupt or disturb Grantee's use of the Licensed Premises in the course of
conducting said activities.
9.3 SURRENDER OF PROPERTY. At the expiration or termination of this License, Grantee
will surrender the Licensed Premises in an "as is" condition, but shall remove therefrom all personal property
placed thereon by Grantee, its contractors, agents, or employees.
9.4 LIENS; TAXES. 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. Grantee shall be responsible for any personal property taxes, if any,
that become due and payable as a result of Grantee's use of the Licensed Premises. The provisions of this
section shall survive termination of this License.
9.5 NO PROPERTY INTEREST. This
relationship, and nothing in this Agreement will be
expressed in this Agreement.
instrument is not a lease, creates no landlord-tenant
deemed to create any property interest other than as
9.6 GOVERNING LAW. The laws of the State of Minnesota will govern the validity and
interpretation of this Agreement.
9.7 NOTICES. Any notice which is required under this License will be deemed "given" upon
hand delivery or three (3) days after prepaid posting in the U. S. Mail whichever will first occur.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures the day and year first
above written.
GRANTOR:
CITY OF RICHFIELD
By:
Its:
City Manager, Steven L. Devich
GRANTEE:
By:
Its:
Mayor, Debbie Goettel
DEPARTMENT OF
STATE OF MINNESOTA,
TRANSPORTATION
By:
Its:
•
7~`~ `~
EXHIBIT A ~,
•
E~GENDA SECTION:
AGENDA ITEM #
REPORT #
i
CONSENT
7F
233
OCTOBER 14, 2008
REPORT PREPARED BY:
NAME, TITLE
•
•
DEPARTMENT DIRECTOR.
REVIEW: -
REVIEWED BY CITY
MANAGER:
STAFF REPORT
CITY COUNCIL MEETING
RANDY HUGHES, OPERATIONS
SUPERINTENDENT
r~
ITEM FOR COUNCIL CONSIDERATION:
Approve a change order to Master Mechanical in excess of $25,000 for additional CO (carbon
monoxide) and N02 (nitrous oxide) sensors in the vehicle storage area of the new Public
Works Building.
I. .RECOMMENDED ACTION:
By Motion: Approve a change order (PCO #202) to Master Mechanical
Inc. to add and install additional CO and N02 sensors in the vehicle
storage area of the new Public Works. Building as required by code
for a cost of $33,094.50.
IL BACKGROUND
During routine inspection of the building construction it was discovered that the
location -and number of CO and N02 sensors specified for the lower level cold
storage area and .main level vehicle storage area were inadequate. These sensors
turn on the exhaust system when they sense increased levels of CO of N02 gases
in those areas. This change order is for the purchase and installation of additional
sensors to bring the system up to code. Staff is recommending payment because if
the additional sensors had been in the original contract the increased cost of the
.project would have been included in the bid. The remaining project contingency at
this time is $120,167.39.
1014 changeorder
• III.. BASIS OF RECOMMENDATION
A. POLICY
• .Change orders of $25,000 or more need City Council approval.
B. CRITICAL ISSUES
• These corrections had to be made before .the Inspections Department
would allow occupancy of the building.
C. FINANCIAL
.The approved total construction budget is $11,580,000.
• The remaining contingency at this time is $120,167.39:
• These costs will be charged to the contingency:
D. LEGAL
• None
E. ENVIRONMENTAL CONSIDERATIONS
• This equipment is required for a safe building.
IV. ALTERNATIVE RECOMMENDATION~S~
• None
V. ATTACHMENTS
• Change order PCO#202
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
•
.'%
~, • ~ ~~
sasm~arwr..rav+r unoarwvw>reA~r,+:>mraux;~arvm~+a*mart+D~.xs~cuc:~u~urmsx.;rssrx:'craw+Fwgvw<srnxs~wr,~:.y~x»m.T~AY~: a+»:!nx.Y~!J~,iv~'axv? ~nnrm•~r„.~Y.ct~rar'?mnr.>»+m+m:Ew.+9 mw.vNkH»..x.or?+nx!.~Gw~l»x+».wY4.*:~»w.?+xc
~h~{~e~~ tJr~e~ ~.egr~est . .
• :,:rss~:xei'sa::,:axxcxxva~::r..,a;~x+rvs:~:a+tv~xuasraa~uuxzrrxw~s~zsrnex~~rta;a+xxxzxpxxvxcayc~xnsw,xxnn~sxeua'vu~,~a!xft~.zxa~,.p'u~rfsnxerxvrc~.as:a~:,x~sn_snrxxu;~xzvxr~nrxxxxaaurmxwxxx•a~a',axxr.u~rsrz
Master Meehanieat, {ne
~ Gundlach Champion ~ • • - • E
600 E. Lakeshore Drive
R Houghton, MI 49931 ~ -
ptA#~ao~-
•
Project: Richfield Maintenance Faclllty
Scope: Tempco Systems - C.O. and NO2 gas sensors
Material
Project Manager Hours
Estimator Hours
compressed gas
Sales Tax
Materials Sub-Total
Fee
$736.31
6,5% $47.86
$60.00 ~'~~ ~~ ,.'
$35.00
Service tech hours ~•~-~ t "~`~
MATERIAL HANDLING 10°~ ~1.2
SUPERVISION 12.5% 1.5
DRAYAGE 5% ~ 0.6
BOND 2% 0.24
PERMIT 2% 0.24
WARRANTY 2% 0.24
TOTAL HOURS 16.02
HOURLY RATE ~~~~..0~
~'' • ~. ,
SUBTOTAL LABOR COST
TOTAL LABOR COST
Fee X10 00~,
Labor Total
Other
PARKING
LIFTS
TRUCK
Sub-Total Other Costs
Fee
Total Other Costs
Rate Units
$0.00 Hour
$250A0
$0.00 Hour
x a~1Q~~.
Total Labor & Materials
$0.00
$a.oo
$784.17
$78.42
$862.59
$1,249.56
$1,249.56
$124.98
$1,374.52
$0.00
$250.00
$0,00
$250.00
$25.00
$275,00
$2,237.10
.]
...
'.r
t ~~ A~..
1
:).+)HA}f-0H:):f,:<%..~f:X?: :JA:~+ftff%:L'ifYA.tSW x:N.Y»WiYJ%ii~^'W~:Yx'.%!4.~W.>)Yw^.~iutt®~Ty~3ik~A"r`x. ue?1J::p'»3>,:J.in.;Kf!o.r.V.'sYxS?W1)tYn'l.:tUt~~fLyY•r'i'AaiJiifil'W'yAN>hrfif}%y~.-.3>:•:~.Yt1N%~~'Y+N4`.Nrf2`)3lfA;fW.riUk.'%Y'.:5?T•4fY Tn. yfE~.fyR'IHY.~fT: NP.W{%Y~/ARY.'.)v
~~~~g~ ~rd~r lleq~e~~t
YSDL15Sf:'Sfil.Cl'.Y.'.:%7G.7tG^ffi'7':[GS~O_•WST.HRL'6£Rig.:iin"6Y~SiFXXI.!.~i3fkCY7~G=M.CRTXT. ii9S'~SXAC3AfiiKtWfF':Hi.YH~+9.'YC7L4.')liRkiSfffSRL'G'fN'JJAXT.Y%11F'SLY~1KfC.lL~:k[Y{fR7f6ff[[.YJMP!fiiS:.'Gi16:~lXT::.N.YaA~sARYK'i).M:fA~a:.~K..':+3XC.A.~YNNXY%NtiGia'V
Master Mechanical, lnc
Subcontracts
Temperature Control $29,388.00
$0..00
$o.oa
$o.oo
$o, ao
Total Subs $29,388.00
l:W^.!J~
Fee 's~VO,~U~ $1,469.40
$30,857.40
Total Change Order Cost $33,094.50
The above quoted amount covers the direct cost of this change order. ft excludes costs associated with fhe Impact of this change order
upon fhe project schedule, labor produotivity or other factors affecting the cost of performance. Master Mechanical reserves the
right to amend this quotatlonwhen such costs have been determined.
CJ
Ir~
i~J
AGENDA SECTION: CONSENT
AGENDA ITEM # ]G
REPORT # 23LF
STAFF REPORT
CITY COUNCIL MEETING
OCTOBER 14, 2008
•
REPORT PREPARED BY:
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a request from the State of Minnesota to review the request for the renewal of
a currenc exchange license for New Unbank Company LLC, 6421 Penn Avenue South.
L RECOMMENDED ACTION:
By Motion:. Approve the request for the renewal of a currency
exchange license for New Unbank Company, LLC, 6421 Penn Avenue
South.
II. BACKGROUND
On September 24, 2008, the City received notification from the State of Minnesota,
Department of Commerce, of a renewal application for a currency exchange license
in the name of New Unbank Company LLP, 6421 Penn Avenue South.
All of the information required by the State of Minnesota has been provided by New
Unbank Company LLP. In addition, the background investigation conducted by the
Bureau of Criminal Apprehension found no information on the applicants, Gary A.
Dachis, Louis A. Dachis, and Stuart D. Tapper.
• The applicant has complied with State Statute 53A.04 for a currency exchange
license with the State of Minnesota.
1014 Renewal of New Unbank Company Currency License
BETSY OSBORN, ADMINISTRATIVE SUPPORT
SERVICES MANAGER
Naas, T/TLE
Due to the uncertainty of when the background investigation was conducted by the
Bureau of Criminal Apprehension, City staff also conducted a criminal history check
on the owners of the business. These checks are conducted by Public Safety
dispatch staff and take less than five minutes to complete.
Public Safety staff also checked the number of Public Safety /Police contacts the
establishment has had in the previous year. The New Unbank Company, LLC has
had seven (7) Police contacts during the past year. These contacts included: two
forgeries, one disturbance, one suspicious person, two public assists and one
property damage accident. This check also takes City staff less than five minutes to
complete.
III. BASIS OF RECOMMENDATION
A. POLICY
• A license for this type of business is not required in the City.
However, effective on April 24, 1992, Minnesota Statute 53A.04
requires that the Department of Commerce submit any application for
licensure as a currency exchange license to the governing body of the
municipality in which the business proposes to conduct business.
• This law also requires the governing municipality to render a decision
regarding issuance or denial of the license within 60 days of the
receipt of the State's notification.
• The State requires that the applicant submit the following information
when applying for this type of license:
- License fees in the amount of $500.
- A current fee schedule used for cashing checks, money orders,
or traveler's checks.
- A surety bond in the amount of $10,000.
- Any owner, partner, director, stockholder (owning 10% or more
of the corporate stock) or any employee with the authority to
exercise management or policy control over the company must
submit to a background investigation by the Bureau of Criminal
Apprehension.
B. CRITICAL ISSUES
• The City must reach a decision regarding issuance or denial of the
license within the 60 days noted above.
C. FINANCIAL
• N/A
D. LEGAL
• • N/A
E. ENVIRON1k1ENTAL CONCERNS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• Deny the request for the renewal of a currency exchange license for New
Unbank Company, LLC. However, the Public Safety Department has found
no reason to deny the requested license.
V. ATTACHMENTS
• N/A
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
•
AGENDA SECTION: pIIBLIC HEARING
AGENDA ITEM # 9
REPORT # 23S
•
STAFF REPORT
CITY COUNCIL MEETING
•
OCTOBER 14, 2008
REPORT PREPARED BY:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
CHRIS REGIS, FINANCE MANAGER
ITEM FOR COUNCIL CONSIDERATION:
Public hearing regarding the special assessment roll for weed elimination from private property
and removal or elimination of ublic health or safet hazards from rivate ro ert .
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Approve the
resolution adopting the assessment for weed elimination from private
property and removal or elimination of public health or safety hazards
from arivate proaerty.
II. BACKGROUND
The special assessment for elimination of public health or safety hazards from
private properties is for costs incurred by the City in connection with abatement of
these hazards on certain properties in the City, which are not properly maintained.
The owners of the subject properties are notified by the City to correct the public
health or safety hazards and have failed to do so within a timely limit.
The property owners were notified that if the public health or safety hazards were
not abated within the proper time limit, the City would take the corrective action
necessary and bill the property owner.
• .Finally, each year the City utilizes City Public Works staff to cut weeds on certain
properties in the City not maintained by the owners. If the owner fails to cut the
weeds in a timely manner after notification by-the City, the City undertakes the
weed destruction and bills the property owner for the service.
1014Nuisance Sp Asmt Public Hearing
NAME TLTLE
In all cases, property owners will be notified that any unpaid charges of fees may be
assessed against the property.
M III. BASIS OF RECOMMENDATION
A. POLICY
• The nuisance properties were .not maintained by the owners and the
City incurred costs to abate the nuisance.
• Minnesota State Statutes provide that the .City may levy a special one-
yearassessment for these costs.
• Notice of the certification was published in the Sun Current September
25, 2008.
B. CRITICAL ISSUES
• N/A
C. -FINANCIAL
• The proposed special assessment for the elimination of public health
or safety hazards from private property is $4,723.35 with an additional
6% interest penalty.
• The proposed special'assessment for weed elimination from private
property is $6,552.45 with an additional 6% interest penalty.
_ Costs incurred for city staff time.in the clean up of the properties or to
remove the weeds are included in the special assessment. amount.
• A $25.00 administrative fee is charged to all properties. .
• The affected property owner may prepay the original principal amount
without interest within 30 days from the date the Council adopts the
assessment. If the original principal amount is not paid, the
assessment will be charged 6% interest.
D. LEGAL
• No legal. issues are apparent at this time. The City Attorney will be in
attendance at the Council meeting should a legal question arise.
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION~S~
• - Do not approve the attached resolutions and have the costs absorbed. by the
City.
V. .ATTACHMENTS
• Resolution.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
•
q-~
- RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT FOR
. WEED ELIMINATION FROM PROVATE PROPERTY AND REMOVAL OR ELIMINATION
OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE PROPERTY.
WHEREAS,. pursuant to p roper notice.duly given as required by law, the City
Council has met and passed upo n all objections to the proposed assessment for current-
. services related to weed eliminat ion from private property and, removal or elimination. of
public health or safety hazards from private property in the City of Richfield: -
- Public
_ _ Health or
Weed Safety
Property Address Property ID Number Elimination Hazards
7608 SHEIDAN AVE SO 32-028-24-44-0006 125.00
7127 - 10TH AVENUE SO 35-028-24-21-0024 507.00
6315 - 15TH AVENUE SO 26-028-24-12-0116 125.00 691.56
7201 THOMAS AVE SO 32-028-24-14-0069 125.00 -
6220 LOGAN AVE SO 28-028-24-22-0042 237.00 -
7045 PORTLAND AVE SO 35-028-24-22-0096 167.00 -
7645 THOMAS AVE SO ~ 32-028-24-44-0013 167.00 -
7311 - 7315 NICOLLET AVE SO 34-028-24-13-0014 250.00 553.00
6324 - 16TH AVENUE SO 26-028-24-11-0018 160.00 -
7438 WASHBURN AVE SO 32-028-24-42-0071 200.00 -
7345 NICOLLET AVE SO - 34-028-24-13-0045 317.00 -
6839 CEDAR AVE SO 25-028-24-33-0055 - 164.00
7338 OAKLAND AVE SO 35-028-24-23-0005 _ 172.00
•
6616 SHERIDAN AVE SO 29-028-24-41-0055 186.00
.6915 - 13TH AVENUE SO 26-028-24-43-0064 125.00 -
7137 - 18TH AVENUE SO 35-028-24-11-0125 125.00 -
6245 DUPONT AVE SO 28-028-24-11-0034 125.00 -
6845 - 12TH AVENUE SO 26-028-24-43-0084 - 115.00 ,-
7539 - 13TH AVENUE SO 35-028-24-42-0020 200.00 -
7101 - 13TH AVENUE SO 35-028-24-12-0064 125.00 -
7138 - 18TH AVENUE SO 35-028-24-11-0098 125.00. 144.00
6433 GIRARD AVENUE SO 28-028-24-13-0009 125.00 212.00
7437 NICOLLET AVE SO 34-028-2442-0058 147.00 -
6821 CEDAR AVE SO 25-028-24-33-0059 - 183.00
6321 - 15TH AVENUE SO 26-028-2412-0115 147.00 -
7018 - 1ST AVENUE SO 34-028-2412-0012 - 284.00
7414 UPTON AVE SO 32-028-2442-0035 - 164.00
6809 RUSSELL AVE SO 29-028-24-44-0039 250.00 -
7233 PORTLAND AVE SO 35-028-24-23-0111 - 178.00
7044 ELLIOT AVE SO 35-028-24-21-0045 ~ - 137.79
6640 - 5TH AVENUE SO 27-028-24-41-0032 125.00 -
7221 PORTLAND AVE SO 35-028-24-23-0004 125.00. -
6900 - 5TH AVENUE SO ~ 27-028-24-44-0042. 125.00 -
7600 - 11TH AVENUE SO 35-028-24-34-0023 - 240.00
10 & 12 - 67TH STREET EAST 27-028-24-42-0104 153.00 -
7204 GRAND AVE SO 34-028-24-23-0044 - 133.00
1403 - 66TH STREET EAST 26-028-24-42-0070 - 198.00
•
7420 COLFAX AVE SO 33-028-24-41-0065 160.00
7211 - 16TH AVENUE SO 35-028-24-14-0040 219.00 -
7244 STEVENS AVE SO 34-028-24-13-0054 491.00 201.00
709 - 68TH STREET EAST 26-028-24-33-0118 125.00 107.00
200 -.73RD STREET WEST 34-028-24-24-0060 - 158.00.
!`~
6812 IRVING AVENUE .SO
6821 LIPTON AVE SO
7309 HARRIET AVE SO
7044 ELLIOT AVE SO
6816 NICOLLET AVE SO
6624 COLUMBUS AVE SO
7208 CHICAGO AVE SO
28-028-24-34-0012
29-028-24-43-0019
34=028-24-23-0137
35-028-24-21-0045
27-028-2434-0051
26-02,8-24-32-0007
35-028-24-23-0114
Totaf
183.00
125.00 -
554.45 -
- 93.00
132.00 109.00
85.00 -
259.00 117.00
$6,552.45 $4,723.35
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota:
1. Such proposed assessment roll, in the amount of $11,275.80, is hereby accepted and
shall constitute the special assessment against the lands named herein, and each tract
of land therein included is hereby found to be benefited by the proposed current.
services in the amount of the assessment levied against it.
2. Such assessment shall be payable in no more than one annual installment and shall
bear interest at the rate of six (%6) percent from the date of adoption of this
assessment resolution.
3. The owner of any property so assessed may, at any time prior to certification of the.
assessment to the County Auditor, pay the whole, assessment on such property to the
City's Assessing Division, and they may at any time thereafter, pay to the City's
Assessing Division the entire amount of the assessment remaining unpaid, with interest
accrued to December 31 of the year in which such payment is made. Such payment
• must be made before November 15 or interest will be charged through December 31 of
the next succeeding year.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the
County Auditor to be extended on the property tax lists of the County and such
assessments shall be collected and paid over in the same manner as other municipal
taxes.
Adopted by the City Council of the City of Richfield this 14th day of October, 2008. .
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
•
•
•
•
AGENDA SECTION: PROP. ORDINANCE
AGENDA ITEM # 10
REPORT # 236
~' STAFF REPORT
CITY COUNCIL MEETING
OCTOBER 14, 2008
REPORT PREPARED BY:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
CORRINE HEINE, CITY ATTORNEY
ITEM FOR COUNCIL CONSIDERATION:
First reading of an ordinance amending Subsections 420.20 and 925.01 of the Richfield City
Code; relating to maintenance of swimming pools.
I. RECOMMENDED ACTION:
By Motion:
• Conduct first reading of an ordinance amending Subsections
420.20 and 925.01 of the Richfield City Code; relating to
maintenance of swimming pools; and,
• Schedule a second reading for October 28, 2008.
II. BACKGROUND
The City Council requested that staff propose regulations regarding
maintenance of swimming pools. Staff proposes that the City enact a
provision taken from the International Property Maintenance Code, requiring
that swimming pools be maintained in sanitary condition and in good repair.
In addition, the staff proposes that the City's nuisance code be clarified to
include unused and non-maintained swimming pools among identified public
nuisance conditions.
1014 First Reading of Swimming Pool Ordinance
III. BASIS OF RECOMMENDATION
A. POLICY
• Unused and improperly maintained swimming pools can
constitute a safety or health hazard in some circumstances.
• Improperly maintained swimming pools, like poorly
maintained buildings and structures, negatively impact
property values and community livability.
B. CRITICAL ISSUES
• The proposed ordinance requires that swimming pools be
properly maintained.
C. FINANCIAL
• None.
D. LEGAL
• The City may choose to enforce the proposed ordinances
civilly or criminally. Enforcement of the nuisance provision
• requires the existence of a public nuisance.
E. ENVIRONMENTAL
CONSIDERATIONS
• Improperly maintained pools could have adverse
environmental impacts.
IV. ALTERNATIVE
RECOMMENDATION(S~
• None.
V. ATTACHMENTS
• Ordinance No.
VI. PRINCIPAL PARTIES EXPECTED AT
MEETING
• None
•
Id - ~
BILL NO.
AN ORDINANCE AMENDING
SUBSECTIONS 420.20 and 925.01 OF THE RICHFIELD CITY CODE
RELATING TO REGULATION OF PRIVATE SWIMMING POOLS
THE CITY OF RICHFIELD DOES ORDAIN:.
Section 1. Subsection 420.20 of the Richfield City Code is amended to
read as follows:
420.20 General requirements.
(a) All outdoor swimming pools existing and hereafter constructed
shall must be completely enclosed by anon-climbable fence or
wall. -Ai~fence openrngs or points of entry into the pool area
enclosure shall must be equipped with gates. .The fence and
gates shaA must- eat least four feet in height and shall must be
.constructed o a minimum number 11 gauge .woven wire mesh
corrosion-resistant material or other materials approved by the
building ofFcial. All gates. shaA must be .equipped with self-
closing and self-latching devices p al ced at the top of the, gate or
otherwise inaccessible to small children. All fence posts shall
must be decay or corrosion-resistant. The opening between the
> om of the fence and the ground or other surface shall must
be not more than four inches.
(bl Swimmina oools must be maintained in a clean and sanitary
~ ~ ``No person owning or operating an outdoor swimming pool
shaA may use, operate, or allow the use of such swimming pool
• unless swch the pool complies with this section.
Sec. 2. Subsection 925.01, subdivision 4, clause (m) of the Richfield City
Code, .relating to public nuisances affecting peace and safety, is amended to
read as follows:
ml an unsecured
or
n
constitute
a hazard to any child or other person, being or coming upon the
.premises where the same is located; or any discarded or
unused icebox, refrigerator, or other similar device or ob1'ect,
which is left outside or in such condition as to be accessible to
any child being or coming upon the premises where the same is
located;
See. 3. 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 Richfeld, Minnesota this
day of , 2008.
e ie . oette , ayor
ATTEST:
ancy i s, ity er
•
AGENDA SECTION:
AGENDA ITEM #
REPORT #
STAFF REPORT
PROP. ORDINANCE
11
237
CITY COUNCIL MEETING
OCTOBER 14, 2008
REPORT PREPARED BY:
PAM DMYTRENKO
ASSISTANT TO THE CITY MANAGER
NAME, TITLE
•
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Second reading consideration of amendment to the City Administrative Code Chapter III,
Subsection 310.07, Subdivision 3, describin vacancies.
RECOMMENDED ACTION:
By Motion: Approve second reading of the proposed ordinance
amendment to the City Administrative Code Chapter III, Subsection
310.07. Subdivision 3, describing vacancies.
III. BACKGROUND I
City Administrative Code, Chapter III, Subsection 310.07, describes the selection
policies used to fill job vacancies in the City. Subdivision. 3, Vacancies, gives the
City Manager the ability to prescribe the competitive application process and
requires job vacancies for regular positions to be posted for at least five working
days.. Under current City Code, no fiiring lists can be established, except for the
positions of Police Officer and Firefighter, which -are vetted through the Civil Service
Commission process.
However, the ability for the City Manager to allow for the establishment of hiring lists
for the positions of Community Service Officer (CSO) and Dispatcher is being
recommended. Just as for police officers and firefighters, both of these positions
require that extensive background checks be conducted. These checks are time-
consuming and costly. In addition, the turnover rate for the position of CSO, in
particular, is high partly because it is routinely used as a stepping stone to a career
as a police officer. The opportunity to .utilize a hiring list would minimize the time
necessary to fill these critical positions when vacancies arise.
1014vacancies
The proposed ordinance change. to Section 310.07, Subdivision 3, Vacancies, is as
follows:
Subd. 3, Vacancies. Application to compete for a position vacancy must be filed in
the manner prescribed by the City Manager. Vacancies for regular positions will be
posted for at least five working days. For the positions of Community Service
Officer (CSO) and Dispatcher, the City Manauer may prescribe a process
which provides for the establishment of a hiring fist that would extend for a
npried of ne tenser than twelve (121 months from the date of the recruitment
process.
First reading was held on September 11, 2008 and second reading was scheduled
for October 14, 2008. .
III. BASIS OF RECOMIV~ENDATION
A. POLICY
• The new ordinance language would allow job vacancies for the
positions of CSO and Dispatcher to be filled using an established
hiring list, effective for no longer than twelve months from the date of
the recruitment, in order to minimize significant time and costs
associated with those specific job recruitments.
B. .CRITICAL ISSUES
• In order to .meet the publishing requirements, second reading of the
• ordinance amendment was scheduled for October 14, 2008.
C. FINANCIAL -
• The establishment of a hiring list for the positions _of Community
Service Officer and Dispatcher would minimize significant time and
costs associated with these specific recruitments.
D. LEGAL
• The proposed modification to the City Ordinance regarding vacancies
complies with applicable State Statutes.
E. ENVIRONMENTAL CONSIDERATIONS
~• None.
ALTERNATIVE KECOMMENDATION(S) ')
• Do not approve the ordinance amendment and take no further action.
• Defer second reading consideration to another date.
ATTACHMENTS
• ~ Ordinance.
I_VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
i ~- ~
BILL NO.
AMENDMENTS TO SECTION 310.07
OF THE ORDINANCE CODE OF THE
CITY OFRICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 310.07, Subdivision 3 of the ordinance code of the City of
Richfield entitled "Vacancies" is hereby amended:
Subd. 3. Vacancies. Application to compete for a position vacancy must be
filed in the manner prescribed by the City Manager. Vacancies for regular positions
will be posted for at least five working days. For the positions of Community
Service OfFcer (CSO) and Dispatcher, the City Manager may prescribe a
process which provides for the establishment of a hiring list that would
extend for a period of no longer than twelve (12) months. from. the date of the
recruitment process.
Passed by the City Council of the City of Richfield, Minnesota this 14th day of
October, 2008.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
•
r~
AGENDA SECTION: RESOLUTION
AGENDA ITEM # L2
REPORT # 238
J STAFF REPORT
CITY COUNCIL MEETING
OCTOBER 14, 2008
REPORT PREPARED BY:
NAM!', TITL&
•
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
MELISSA POEHLMAN, PLANNING
ZONING ADMINISTRATOR
S/GNATURE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a request for a subdivision waiver to allow the lot at 7300 Upton Avenue to be
.split into two single-family residential lots.
I. RECOMMENDED ACTION:
By Motion: Deny a request for a subdivision waiver to allow the
minimum division of 7300 Upton Avenue with a finding that the
minimum lot standards are not met (continued from July 8, 2008 and
September 11, 2008).
II. BACKGROUND
Mr. & Mrs. Rooney, the owners of 7300 Upton Avenue, are requesting permission to
split their lot into two single-family residential lots. The Rooneys wish to build a new
home in what is currently the back yard of the existing home.
Staff and the Rooneys have been in discussions regarding this proposal since
January of 2007. From the beginning, it has been the position of Community
Development staff that the proposed split is not in keeping with the existing
neighborhood (see attached surrounding neighborhood map) and that minimum lot
size requirements are not met.
The Rooneys have submitted a number of variations of their proposal; however,
none of the proposals have met setback or lot depth requirements. The Rooneys
have proposed various land swap and variance proposals, none of which have been
101408 - 7300 Upton Subd. Waiver
supported by staff or the Community Services Commission. One such proposal
• requested the sale of a 20-foot strip of land to the north of the property (Adam's Hill
Park). A storm water line runs beneath this land. The Rooneys have offered 860-
square feet at the western boundary of their land in exchange for the land to the
north. The Public Works Department does not support the sale of land in which a
storm water line is buried. The Recreation Services Department does not believe
that the proposal is advantageous to the City and has also recommended denial.
On August 19, 2008 the Community Services Commission unanimously
recommended denial of a proposal that would include a land swap involving the
park.
The Rooneys have also proposed a scenario in which they would be granted an
easement only over these 20-feet of land. In such a scenario, the minimum lot
depth requirement would not be met. Lot depth is measured from property line to
property line, as opposed to curb line. Including these 20-feet would be the
equivalent of counting the boulevard area on a typical lot.
The latest proposal is essentially the same as Option A that was included in the
September 11, 2008 Council Staff Report. The proposal still fails to meet minimum
lot depth requirements and the proposed garage does not meet setback
requirements. Additionally, the proposed driveway exceeds the allowable 22-foot
width and driveway is not set back the required 30-feet from the intersection of 73rd
Street and Vincent Avenue. The applicants have not provided the required legal
• descriptions of the proposed parcels.
In order to approve the requested subdivision, the Council would need to grant a
minimum of two variances for lot depth and the location of the driveway.
Additionally, if site plans were to be approved as they've been proposed, the
Council would have to grant a variance for a reduced rear setback and an extra
wide driveway. It is the opinion of staff that the criteria necessary to grant such
variances are not met.
Feedback received from the neighborhood has not been positive. Neighbors have
expressed concern about maintaining the existing character of the neighborhood.
Staff has also received a complaint about the continued delay in making a decision
on this matter.
III. BASIS OF RECOMMENDATION
A. POLICY
• Minimum lot requirements in the Single-Family Residential (R) District
are as follows:
o Minimum lot area - 6,700 sq. ft.
o Minimum lot width - 50 ft.
• o Minimum lot depth - 100 ft.
• The proposed lot split does not meet the minimum lot depth
requirement. The proposed lot would have a depth of 85 feet.
o Note: The front line, as determined by the Building
Official, would be the northern property line, as
ingress/egress are only possible via Vincent Avenue and
73rd Street intersection.
• None of the home orientations proposed by the Rooney's since
January of 2007 have met all setback requirements. The current
proposal does not meet the rear setback requirement of 25-feet.
• The proposed site plan does not meet driveway requirements as
follows:
o The proposed driveway as depicted is 36-feet wide (the
portion running north/south, immediately adjacent to the
garage is 20-feet wide).
o The proposed driveway is located approximately 6 feet
from the intersecting curbs of 73rd Street and Vincent
Avenue. Driveways are required to be set back a
minimum of 30-feet from intersections as measured from
the intersection point of the curbs.
• ~ In order to approve the subdivision of the existing property at 7300
Upton Avenue, the Council must grant variances from any
requirements that are not met. In order to do so, the Council must find
that all of the following criteria are met:
o The enforcement of zoning regulations causes an undue
hardship that denies the applicants a reasonable use of
the property. Staff does not believe that there is any
undue hardship present. Economic considerations do
not constitute an undue hardship. The property is zoned
as asingle-family lot and can be used accordingly. The
inability to split a lot into two is not a hardship. Most lots
throughout the City cannot be subdivided.
o There are unusual circumstances that apply to this
property which do not apply to other properties in the
Single-Family District or in the vicinity of the property.
As mentioned above, it is not unusual to have a single-
family lot that cannot be subdivided. Further, there are
no unusual circumstances related to this lot that do not
apply to other lots on the block. Lots backing up to the
park and pond are all very deep, yet none can be
subdivided.
o The variance would not alter the character of the
neighborhood. Staff believes that the subdivision
would alter the character of the neighborhood. The
feedback received from the neighborhood indicates that
neighbors feel the same way. The subdivision of this lot
is not in keeping with the surrounding design of
neighborhood lots and has the potential to diminish the
value of properties that currently have open views of the
park. Further, if this design were deemed appropriate, it
would beg the question of whether an alley should be
built through the remaining addresses on this block to
allow the subdivision of all lots in the 7300 block.
o The variance requested is the minimum required to
alleviate the undue hardship. Staff does not believe an
undue hardship is present, therefore this criteria does
not apply.
• If the Council decides to approve the subdivision waiver, it must be
contingent upon approval of the necessary variances. A public
` hearing must be scheduled for official consideration of these
variances.
B. CRITICAL ISSUES
• Minimum lot requirements are not met.
• The proposed driveway does not meet requirements.
• The proposed home does not meet setback requirements.
• It is the opinion of staff that the criteria necessary to grant variances
are not met; most importantly the proposal would alter the character of
the neighborhood.
• Feedback received by staff is in opposition to the project. Neighbors
do not believe the project is in character with the surrounding
neighborhood and will be detrimental to the park and/or pond.
• The Community Services Commission unanimously recommended
denial of any proposal that would include the sale or swap of park
land.
• The Public Works Department opposes the sale of land that houses
public infrastructure.
• If the Council approves the application, a public hearing will be
scheduled for official consideration of the required variances.
C. FINANCIAL
• The required processing fee has been paid.
• In accordance with Appendix D of the City Code, notice has been sent
to the applicants requesting reimbursement for the cost of additional
mailings necessitated by their request for continuances.
D. LEGAL
• NOTIFICATION: Although not required, notice of the Council's
consideration of this item was sent to residents and property owners
within 350-feet of the subject property. It has been the City's custom
to send mailed notice regarding all lot subdivisions.
• A public hearing is required for consideration of variances. If the
Council approves the subdivision request, a public hearing for official
consideration of the necessary variances will be published and noticed
in accordance with State and Local requirements.
E. ENVIRONMENTAL CONSIDERATIONS
• No net increase of run-off is allowed. If approved, the applicant will
need to work with the Public Works Department to design a holding
area or other system to ensure no increase in storm water run-off.
IV. ALTERNATIVE RECOMMENDATION~S~
• Approve subdivision of the lot contingent upon approval of all necessary
variances.
V. ATTACHMENTS
• Resolution
• Current proposal
• Original proposal
• Surrounding neighborhood map
• Topographical map
• Lot photographs
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Russ & Mary Rooney, owners/applicants
•
•
1 a r
RESOLUTION NO.
RESOLUTION DENYING A SUBDIVISION WAIVER
FOR 7300 UPTON AVENUE
WHEREAS, an application has been filed with the City of~Richfield which requests
approval of•a subdivision waiver for the division of certain parcels of land located at 7300
Upton Avenue, legally described as:
Lot 1, except the- North 20 feet thereof, Block, 1, Penn Lake Terrace 2nd Addition,
Hennepin County, Minnesota
WHEREAS, the City has fully considered the request for, approval for the
subdivision waiver; and -
WHEREAS, the City Council finds that the proposed subdivision does not comply
with City Code requirements as follows:
1. The minimum lot depth requirement of 100-feet is not met (Subsection
514.11, Subd. 2). The proposed lot has a depth of 85-feet.
2. The minimum building setbacks are not met in any of the proposals
the applicant has submitted (Subsection 514.13, Subd. 2). The
minimum required setbacks are as follows: front - 30-feet, rear.- 25-
feet, side - 5-feet. '
3. The required driveway setback is not met in any of the proposals. -
Driveways are required to be set back a minimum of 30-feet from an
intersection as measured from the point of intersection of the two
• curbs (Subsection 514.05, Subd. 6e(iii)).
4. The most recent proposal, submitted to the City on .September 29,
2008, exceeds allowable driveway width requirements (Subsection
514.05, Subd. 6e(i)). The proposed driveway measures 36-feet, while
the maximum allowable width is 22-feet.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
A waiver for the subdivision of the Subject Property legally described above is
hereby denied.
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of
October, 2008.
Debbie Goettel, Mayor
ATTEST:
• Nancy Gibbs, City Clerk
101408 - 7300 Upton Subd. Waiver
J
y.+~'"""'r ~ 4-
Aai?ND ~~ ~` O^b
-•
a ~ ~ ~ -~
~~, 1 ~ ~'~
~. ,, ~' d u ` .z~o- ~ ~ ~,
.~ ...e~~
r, r., -- .~ ~ t a
,~ _ ~ ~ ~ I
r :u ~ a f
r> c ~+
~ .« ~ ~ ~
r
•J J i++ ~ ~ r~ ~
;k" ~ ~ t
,.~; f
t
~' ~ `
~ , +_
.~ ~ - ;~
f
j ~~ ~ t M
i ., ?.
t t ~ j
`t /
x =; ~
C5 ,..• i
~~ fi
ry ~ M ~i ~ ~y •s 1 i ~ fl Q
4th ~ { "~1 ~ir.....---~..t` ;~~ ~ 1 11/ 4 ~ {7 'Lr+
~ ~
<P 1 t
•E ~°r, t W
r.. -a5' 1 ~ 'SSA
~ r.. ~ ~ 4 t ~ ~~ a
~ ~ C
V4~ 'o
^~ ~ e i ~{ Q
t a p y9~
t.; .e ~ ;i
~. ~ a t~.
i ~ o
YI~~ ~ i •~
P#~ ~. ~ ? N ~~o- fJOUIr ~ • b
. "~Qia • 13. G T{
a a , ~ ~ ~~ 1 ~ -~, yt
o ~~~, ~ ~4. ~ ~
~+r ~ 41 ^1 ~~' ~ j' •
C+' u P carp '..
a ~~
r
trs
~o y
~.
-.~
z
z
m ~ L
~-3 N
- - ~ _-
~,
,~
i J
O
i
l
1
i ,.
~`t
5
,
[z7 ~;
r'z o 1
, 22.5
A
a
C
~ ~,
_...
w ~ ~
`
_
t ~F ~p
I A.
w~
1"
~ ~,
1
i
~, _'
~` t
~ ~ a
~' .i
~ 1,
d N 1
~~~ _~ 1
~
~~
~
~
~~ {~ ~
{
1~I~~ N
Y
~~ y~
O
~G J `~~
~~~ ~
.x ~v ~ ,_
~A ~~ +t
~
~'
~
r~~~ ~
w
~ \
c <
~~~ ~ \
B ~
'~
O m ~
i ~ ~
1
°~ __-~--
POND 1 ~ ,
_
... ~
O
I ~~ 3 ,1
' ~
~
r ~, o
.
~, ~~~
~
~.,
~
~ ~~ m
~. ~ o
1
~ f 4G
r^
{
~
I C
~-
~
I
I rn
-C
o ~`
.
`°
.
W
.. ,, o
1
;~ ~ ~
~
,.
l
~' ~ .% ~
C/!
r J j ~~ >,~ ` t ~j',
'
~ y
. ,~~
.
I
• t
--- -- .~
fir/ ~
~
~
~~
I
o
~~
N '^
~ ~~~~+ ~
`
~ !
~
~r
1
`~
\ r
~'
ti ,;
~~ ~
~: t I t
~
~:.
~~• '
1__
'
y P '~~ I 1
ma ~ ~t
/(.8 ~
~ ~~
I
a
n
'a 'F ~
19.3 + ~ }~ '~
"1`
-
~ :'S
~ E
~
° ~~ q
~ ~2
_
58.2 'r
'~ .
l {
4 Q o
~
r X13.5 ~
Vi j r`
r
t~.i -- r+ rh at~gOO ,~
Novo -
i'. ~ 1
d c3
d C~r7
D N ~
I ~
t
~
~^
. ~ ~
~.
I R,
~ ~
~ ?. 3
m
~
n ~
t
°' `
~ (
I ro
~ ~ -+
O
~
n
~ ~
~
f^.~N_ 1
~ 1
~ r ~
a
` ^ ~ ~ t,
a ^\~~~ 2U_~~
i .. ~ SS~ SO°00'00"E
' i q v E •
upTDN ~ ._~~ ~"°~
b
1
~.. ~~_~____.~-- 4
~
•
•
~'-
7300 Upton ~-ve S -Subdivision Waiver 7/08
Neighborhood Context
i•
A
Legend
- Building Footprints
;Parcel boundaries
0 62.5 125 250 375 500
Feet
30~ vet°n
7
di~-~si°n
S - ~u~-
pwe o~rap~-~
Top
V~la-
,...:~--'°~ lines aliow
-.- 1-foot oontour .thus
_~-" - 1evation (he'ght~ and
' of equal a Hess of slopeS• vati1On
Dints sand the steep ele
tour lines join P Bailey ore rapid change a that is
Coun of hills, illustrate a m raduat Chang
~1lustrat-{ouped lines used to a more 9 one another.
fore tightly g as pp
(steeper stdoby tines that are spread out fro
~nd~cate
%a~-(~
N
O
a
o^
~~
~ ~a
o
.... ~
~w
~ ~
~ ~
~ v
a
0
~.
a
.a ,,
~~
w~v o
3 ~'
as ~
~ .~
.~ x
~ o
~ ,°
O v'
O
~.
d
'~
~.
x
w
w
w
e~
a~
~~
~ o
a~
3 ~„
as ~
x
'~ o
as
~~
O ~
~.
O
ly
C
s- .T..
;p
~,
~~.
,_
}
O
~ ...~
O ~
ao
y.. a
o ~
3 ~
o
~~
~ .°
o
0 0
~~
r. ~
o ~
~ 3
~ ...
~.
Q
l~-~
•
AGENDA SECTION: OTHER BUSINESS
AGENDA ITEM # Z 3
REPORT # Z39
D
STAFF REPORT
CITY COUNCIL MEETING
OCTOBER 14, 2UU8
•
REPORT PREPARED BY: DERICK ANDERSON, CIVIL
ENGINEER
NAME, TITLE
DEPARTMENT DIRECTOR
REVIEW:
SIGNA
REVIEWED BY CITY
MANAGER.
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a proposal for additional work by WSB & Associates for the construction
ins ection of the 66t" Street and Portland Avenue Intersection Pro'ect.
I. RECOMMENDED ACTION:
By Motion: Approve an additional $75,000 for additional work by
WSB & Associates to provide construction inspection services for the
66th Street and Portland Avenue Project.
II. BACKGROUND
On January 22, 2008, the Council awarded the contract for the reconstruction of the
intersection at 66t" Street and Portland Avenue. On April 8, 2008, the Council
approved hiring WSB & Associates to provide construction inspection services in
the amount of $232,136. Since then, additional work is needed to complete the
project that is outside the original scope of the agreement for construction
inspection services.
• Utility coordination required additional staff time by WSB in order to keep the
project moving forward.
• Utility conflicts have delayed the contractor and so the total construction time
has increased. This has led to an increase in construction inspection time.
1014WSB_66&Portland
City staff believes the WSB proposal is reasonable and necessary to complete the
construction project.
III. BASIS OF RECOMMENDATION
A. POLICY
• The reconstruction of 66th Street and Portland Avenue has been
identified as a priority in the City's Comprehensive Plan.
• Council approval is required for expenditures over $25,000.
B. CRITICAL ISSUES
• The additional construction inspection services are necessary to
ensure that the construction project is completed according to plan
and in a timely manner.
C. FINANCIAL
• The estimated additional cost for construction inspection services is
$75,000 to be paid for using Municipal State Aid Funds (Gas Tax).
D. LEGAL
• The City Attorney will be available to answer questions.
E. ENVIRONMENTAL CONSIDERATIONS
• The proposal is for additional professional services that will not
produce any environmental impacts.
IV. ALTERNATIVE RECOMMENDATION(S~
• The Council may choose to select a different engineering services consultant
but this would delay completion of the construction project.
V. ATTACHMENTS
• None
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None anticipated.
.~ -gym ~o . 1
20086 G.O. Capital Notes /a-~~G~1 VY11L~:~
Equipment Purchases
Estimated
Description Cost ,
1 -One Ton Truck 45,000
2 -Mowers 26,000
1 -Skid Steer Loader 34,000
1 -One Ton Truck 47,000
1 -Brush Chipper 70,000 ,
1 -Ice Resurfacer 115,000
4 -Mid-Size Sedans 80,000 _
1 -Sports Utility Vehicle 28,000
5 -Full-Size Police Squads 135,000
1 -.Records, Archival System Scanners 6,050
2 - NetworK Servers _ 11,980
'Fiber Optic Network Construction 1D4;000.
702, 030
Funding ,
Tax Levy 136,502
Net G.O. Capital Notes Proceeds* 498,000
Cash on Hand 67,528
• ~ 702,030 .
_
* Par Value of G.O. Capital Notes 515,000
•
•
AGENDA SECTION:
AGENDA ITEM #
REPORT #
~- STAFF REPORT
OTHER BUSINESS
14
240
CITY COUNCIL MEETING
OCTOBER 14, 2008
•
REPORT PREPARED BY:
REVIEWED BY CITY
MANAGER:
TO THE CITY MANAGER
ITEM FOR COUNCIL CONSIDERATION:
Consideration of additional appointments to the City Hall Advisory Task Force. Phase III.
I. RECOMMENDED ACTION:
B motion: Appoint persons to the, Cit :Hall Adviso Task Phase III.
II. BACKGROUND
With all the necessary approvals in place to proceed with the construction of a new
Police/Fire/City Hal! facility, the City Council requested staff to initiate a recruitment
process to add up to six new members to the existing City Hall Task Force. Seven non-
staff members currently serve on the task force and will remain through Phase III of the
project. .
The recruitment process included a posting of information in the Richfield Sun Current,
on cable television channel 16, on the outsidemessage board at City. Hall and Water
Plant, and on the City's web site.
The charge of the task force, during Phase III, will be to provide recommendations to
the City Council about the exterior design of the new building and the interior public
spaces. The task force will also be responsible for communicating- project updates to
the public and .hosting open houses to solicit feedback on the design. Additionally, the
task force will assist the Community Services Commission in determining how Heredia
Park might be enhanced.
Applicants were interviewed at Special City Council meetings on September 23 and
October 14, 2008 preceding the Regular City Council meetings.
1014CHATIII
PAM DMYTRENKO
III. BASIS OF RECOMMENDATION
A. POLICY
• The City Hall Advisory Task Force was initially created by the City Council
in April 2005 to provide citizen feedback and recommendations on the
construction of a new Police/Fire/City Hall facility. The task force is an
advisory-only body, .made up of citizen volunteers who assist in
communicating information to the public.
• The Council directed the City Manager's office to conduct a recruitment to
seek applicants to join the current City Hall Task Force for Phase .III of the
project. interviews of the applicants were conducted at Special City
Council meetings on September 23 and October 14, 2008. The City
Council meetings were- posted in accordance with the open meeting law
requirements.
B. CRITICAL ISSUES
• Applicants were interviewed at Special City Council meetings on
September 23 and October 14, 2008.
C. .LEGAL
• The Special City Council meetings were posted in accordance with the
open meeting law requirements.
• D. .ENVIRONMENTAL CONSIDERATIONS
• N/A -
~ IV. ALTERNATIVE RECOMMENDATION(S) ~
Defer appointments to a later City Council meeting.
V. ATTACHMENTS
• Appointment list.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
•
0
N
O
O
'"'
Z
W
G
'."`
Z
0.
a
a
w
U
• O
Y
N
Q
F-
O
N
Q
J
J
a
U
•
L
C~
C
0
y.d
rX
VJ
i~-i