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10-28-08 AgendaCITY OF RICHFIELD, MINNESOTA TUESDAY, OCTOBER 28, 2008 SPECIAL -CITY COUNCIL WORKSESSION CITY HALL COUNCIL CHAMBERS 67.00 PORTLAND AVENUE- 6:00 P.M. AGENDA Call to order Roll call - _ 1. Discussion regarding renaming 77th Street in Richfield (Council Memo No. 176) Notes: Adjournment 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 youth interested in serving on City advisory commissions (Council Memo No. 175) Notes: Adjournment REGULAR CITY COUNCIL MEETING- 000NCIL CHAMBERS 6700 PORTLAND AVENUE 7- • 7:00 P.M. AGENDA • • INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to, the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Meeting of October 14, 2008; (2) Regular City Council Meeting of October 14, 2008; and (3) Special City Council Meeting/City Hall Advisory Task Force Meeting of October 16, 2008 PRESENTATIONS 1. Presentation of Certificate of Recognition to Robert and Darlene Lesney on 50th • Wedding Anniversary 2. Presentation of Richfield School District annual report by Richfield School Superintendent Robert Slotterback 3. Annual meeting with Arts Commission 4. Annual meeting with Community Services Commission 5. Consideration of resolution accepting $1,520 grant donation from CenterPoint Energy Community Partnership Grant Program to Richfield Fire Services Department Staff Report No. 241 COUNCIL DISCUSSION 6. Council discussion • Hats Off To Hometown Hits Notes: AGENDA APPROVAL • 7. Council approval of agenda CONSENT CALENDAR • • 8. Consent Calendar contains several separate items, which are acted upon by the City 9. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARING .~ 10. Public hearing. regarding resolution granting exception from development moratorium approved September 11, 2008 to allow consideration of conditional use permit application at 6301 Penn Avenue Staff Report No. 250. 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 first reading of ordinance amendment to Richfield City Code Appendix D establishing fee schedule for certain. permits and applications and scheduling second reading for November 25, 2008 S,R. No. 242 B. Consideration of approval of resolution amending Cooperative Construction Agreement between City of Richfield and Minnesota Department of Transportation allowing for lump sum payment from State of Minnesota for storm sewer construction of Lyndale Avenue related to reconstruction of 6300 block of Lyndale Avenue reconstruction projecfi S.R. No.,243 C. Consideration of approval of resolution authorizing agency agreement between City of Richfield and Minnesota Department of Transportation for federal participation in two non-motorized transportation pilot program projects to design two pedestrian/bike paths in Richfield S.R. No. 244 D. Consideration of approval of facility use agreement with Hope Presbyterian Church for use as polling location for November 4, 2008 General Election S.R. No. 245 E. Consideration of approval of agreement with State of Minnesota Department of _ Transportation fo_r purchase of gasoline and diesel fuel S:R. No. 246 F. Consideration of approval agreement for purchase of services for 2008 between • City of Richfield. and Hennepin County for Sentencing to Serve work crews in amount of $48,000 S.R. No. 247 ._ G. `Consideration of approval of 2009 contract renewal with Chief's Towing, Inc., 8610 Harriet Avenue, Bloomington, MN, for Public Safety towing services for December 1, 2008 through November 30, 2009 with 5% increase in all prices for all categories of services S.R. No. 248 H. Consideration of approval of award of contracts to Crosstown Masonry for concrete, forming, rebar materials and placement in amount of $10,800 and Atlas Foundation for helical anchors in amount of $7,840 for Honoring All Veterans Memorial S.R. No. 249 Notes: • Notes: PROPOSED ORDINANCE 11. Consideration of second reading of ordinance amending Subsections 420.20 and 925..01 of Richfield City Code relating to maintenance of swimming pools and resolution authorizing summary publication of ordinance .amendment Staff Report No. 251 Notes: RESOLUTIONS 12. Consideration of resolution granting conditional use permit allowing day care services for up to 75 children at 6301 Penn Avenue Staff Report No. 252 • Notes: 13. Consideration of resolution providing for sale of $515,000 General Obligation Capital Notes, Series 20086 Staff Report No. 253 Notes: 14. Consideration of resolution providing for sale of $9,480,000 Series 2008A and $4,550,000 Series 2009A General Obligation Capital Improvement Bonds - Staff Report No. 254 Notes: OTHER BUSINESS 15. Consideration of City Hall Advisory Task Force (CHAT III) recommendation against using services of Orfield Laboratories Inc. to implement performance standards for new Police/Fire/City Hall facility Staff Report No. 255 C • Notes: 16. Consideration of Penn Avenue Master Revitalization Plan and Design Guidelines Staff Report No. 256 Notes: 17. Consideration of appointments to fill youth terms on City advisory commissions Staff Report No: 257 Notes: 18. Consideration of City Council confirmation of Mayor's appointment of Housing and Redevelopment Authority Commissioner for five year term ending October 2013 Staff Report No. 258 • Notes: CITY MANAGER'S REPORT 19. City Manager's report Notes: 20. 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 ifems not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: 21. 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. .7 • AGENDA SECTION: PRESENTATIONS AGENDA ITEM # rj REPORT # 241 STAFF REPORT CITY COUNCIL MEETING OCTOBER 28, 2008 • REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BRAD SVEUM -FIRE SERVICES DIRECTOR ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution accepting a grant donation in the amount of $1,520 from CenterPoint Energy Community Partnership Grant Program to be used to defray part of the cost to purchase a vehicle stabilization rescue system to be purchased in 2008. I. RECOMMENDED ACTION: By Motion: Approve the resolution accepting a grant donation in the amount of $1,520 from CenterPoint Energy Community Partnership Grant Program to be used to defray part of the cost to purchase a vehicle stabilization rescue system to be purchased in 2008. • II. BACKGROUND CenterPoint Energy has made grant donations for several years to area emergency responders for emergency response equipment as part of their Community Partnership Grant program. This is the second time the City of Richfield and the ~. Richfield Fire Department have been recipients of this grant III. BASIS OF RECOMMENDATION A. POLICY 1028FireGrant • • Minnesota State Statute 465.03 requires all donations to be accepted by resolution of -the City Council and adopted by two-thirds majority of its members. B. CRITICAL ISSUES • This donation aids in reducing the expenditure for Fire operations from the general fund. C. FnvartCIAL • There are no financial costs associated with the acceptance of the grant donation. D. LEGAL • Minnesota State Statute 465.03 requires all donations to be accepted by resolution of the City Council and adopted by atwo-thirds majority vote of its members. E. ENVIIZONMENTAL CONSIDERATIONS • None. IV. ALTERNATIVE RECOMMENDATION~S~ • • None V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Ellie Fischer - CenterPoint Energy • • RESOLUTION NO. • RESOLUTION AUTHORIZING ACCEPTANCE OF CENTERPOINT ENERGY COMMUNITY PARTNERSHIP GRANT FUNDS RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEEMENTS-AND TERMS PRESCRIBED BY THE DONORS. WHEREAS, Minnesota Statute 465.03 reads in part as follows: Any city, county school district or town may accept a grant or devise of real or personal property and maintain such property for the benefit of its citizens in accordance with. the terms prescribed by the donor. Nothing' herein shall authorize such acceptance or use for religious or sectarian purposes. Every acceptance shall be by resolution of the council adopted by two-thirds majority of its members, expressing such terms in full, and WHEREAS, the City of Richfield has been awarded the grant as described below, CenterPoint Energy Community Partnership Grant for $1,520 to be used to defray part of the cost to purchase a vehicle stabilization rescue system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, • Minnesota, as follows: 1. That the City council of the City of Richfield hereby accepts the CenterPoint Energy Community Partnership Grant funds in the amount of $1,520 and authorizes the City to administer the funds in accordance with the grant agreements and terms prescribed _ by the donors Adopted by the City Council of the City of Richfield, Minnesota this 28th day of October, 2008: Debbie Goettel, Mayor ATTEST: _ Nancy Gibbs, City Clerk • r~ ~_J AGENDA SECTION: CONSENT AGENDA ITEM # $A REPORT # 242 ~~- STAFF REPORT CITY COUNCIL MEETING OCTOBER 28, 2008 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: RICK REGNIER, BUILDING OFFICIAL ITEM FOR COUNCIL CONSIDERATION: First reading of an ordinance amendment to Richfield City Code Appendix D establishing a fee schedule for certain permits and applications and set second reading for November 25, 2008. I. RECOMMENDED ACTION: By Motion: • Approve first reading of the attached ordinance amendment to Richfield City Code Appendix D establishing a fee schedule for certain permits and applications. • Set second reading for November 25, 2008. • II. BACKGROUND • The Inspections Division of the Department of Public Safety is recommending that fees for building and driveway permits be increased, effective January 1, 2009. The building permit fees have not been increased since 2001. The proposed building permit fees will be a 6% increase over the current fee schedule. • .The Community Development Department is recommending changes to the site plan review fee. • The Fire Department is recommending changes to fire service fees. 1028 First Reading Ordinance for Fee Schedule NAME, TITLE • • III. BASIS OF RECOMMENDATION A. POLICY • City fees are intended to be established at rates that reflect the current cost of providing the services associated. with the fees. B. CRITICAL ISSUES • Minnesota State Statute 462.353 requires that certain fees be adopted by ordinance. C. FINANCIAL • The proposed amendment will increase fee revenues and avoid further subsidization of those services by the general tax base. D. LEGAL • None. E. ENVIRONMENTAL CONCERNS • None. • IV. ALTERNATIVE. RECOMMENDATION(S~ • None. V. ATTACHMENTS • Transitory Ordinance No. • Exhibit A, Construction and Related Permit Fees and Charges. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A • r~ ORDINANCE NO. TRANSITORY ORDINANCE NO. • AN ORDINANCE AMENDING APPENDIX D TO THE RICHFIELD CITY CODE; ESTABLISHING A FEE SCHEDULE FOR CERTAIN PERMITS AND APPLICATIONS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background 1.01 Appendix D to the Richfield City Code consists of the schedule of fees adopted by the City Council, including those adopted by resolution and those adopted by ordinance. 1.02 Minnesota Statutes, Section 462.353 requires that certain fees be adopted by ordinance. The City Council has previously established certain fees by Transitory Ordinance No. The City Council has established other fees by resolution, which resolution is also part of Appendix D. 1.03 The City Council has determined the need to update the schedule of fees under Transitory Ordinance No. Section 2. Fee Schedule Adopted 2.01 The fees set forth in the attached Exhibit A are hereby adopted by ordinance. • 2.02 The fees adopted at Section 2.01 of this Ordinance shall be amended only by ordinance. Any fees established by resolution, other than those adopted at Section 2.01 of this Ordinance, may be amended from time to time by resolution of the City Council. Section 3. Effective date; codification. 3.01 This ordinance is effective as of January 1, 2009. 3.02 A copy of this ordinance shall be included in Appendix D to the Richfield City Code, immediately prior to the resolution establishing fees. 3.03 This ordinance supersedes Transitory Ordinance No. to the extent that Transitory Ordinance No. is inconsistent with this ordinance. Adopted by the City Council of the City of Richfield, Minnesota this of , 2008. Debbie Goettel, Mayor ATTEST: • Nancy Gibbs, City Clerk • ~~' • EXHIBIT A CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES A. Investigation Fees: Work without a Permit: Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in Section 2. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. B. Permit fee refunds: The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. • • TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (a) Inspections outside of normal business $60.00 hours (minimum charge -two hours) per hour (b) Reinspection fees $60.00 (minimum charge $35.00) per hour (c) Inspections for which no fee is specifically $60.00 indicated (minimum charge -one-half hour) per hour (d) Additional plan review required by changes, $60.00 additions or revision to plans (minimum per hour charge -two hours) (e) Fee to reissue building inspection record $35.00 card *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employee involved. (1) Building Permits 400.03-400.09 $1 to $500 (includes one inspection) $35.00 Each additional inspection $35.00 $501 to $2,000 $259 25.00 for the first $500 plus $~-A5-3.25 each additional $100, or fraction thereof, to and including $2,000 with a minimum fee of $35.00. $2,001 to $25,000 $69:~~ 73..50 for the first $2,000 plus $44-.A8 14.75 for each additional $1,000, or fraction thereof, to and includin .$25,000. • • ~~-3 C7 n U • TYPE OF PERMIT OR LICENSE SECTION REQUIRING DESCRIPTION FEE $25,001 to $50,000 $3~5 415.75 for the first $25,000 plus $~'I-910.75 for each additional $1,000, or fraction thereof, to and includin $50,000. $50,001 to $100,000 $a 682.50 for the first $50,000 plus $~-A9 7.50 for each additional $1,000, or fraction thereof, to and includin $100,000. $100,001 to $500,000 $99~a 1053.50 for the first $100,000 plus $~9 6.00 for each additional $1,000, or fraction thereof, to and includin $500,000. $500,001 to $1,000,000 $5 3427.75 for the first $500,000 plus $4:7-5 5.00 for each additional $1,000, or fraction thereof, to and includin $1,000,000. 1,000,001 and up $a 5945.25 for the first $1,000,000 plus $~ 4.00 for each additional $1,000, or fraction thereof. (2) Driveway, Parking 515.05 (no permit fee for sidewalks) $ 2a-A8 35.00 Area Permits (3) Swimming 420.00 Permanent or portable pools are based on building permit fees with a minimum of $ 35.00 (4) Plan Review Fee 400.03-400.09 35% of building permit fee for one and two family dwelling detached garages and basement remodels Plan review fee for 65% of building permit fee for all other building permits, except no similar buildings fee for the following: (a) Existing single family dwelling minor nonstructural alterations. (b) Single and two family dwelling repair and maintenance work. (c) Commercial and industrial repair and maintenance work not exceeding $1,000 or where plans are not required. Maximum 25% of permit fee based on Minnesota State Building Code 1300.0160 (5) Contractors Charged once each time a contractor applies for $ 5.00 License permit(s) Verification Fee (6) Moving Gv~'n"rte= 845 P-Fe-i;-~es ;nn G~: IPI Rirhf;nlrl ~= ~ B ildi (1! ITCIr1C rainhf;nlrJ ~~ ar -= u ngs _ _ c~th@r-#~aar+ Bweifiags_ Moving Permit Fee: $ X5.-98 50.00 IAITfI Dinhfin~ ~_~~ _ ~~_ Dro incncn+inn Coo: /,f~6~+ort~ri (~nrnnn Mnvinn Dnrmi+ Cn _ ~~--35:99 • ~~-~ • • • TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (8) Structure 400.00-400.09 (a) Commercial Demolition Demolition cost as per Building Permit Schedule with a minimum of $ ~-8850.00 (b) Dwelling One or two story $ ~-8850.00 Residential -Garage and lesser structure $ 35.00 (9) Plumbing Permit 400.03-400.09 Residential Minimum fee 2% of total job cost with a minimum of $ 35.00 (includes one inspection) Each additional inspection $ 35.00 (10)Plumbing Permit 400.03-400.09 Commercial/Industrial/Multi-family Based on Total Job cost 2% of Estimated Job cost with a minimum of $ 45.00 (includes one inspection) Each additional inspection $ 35.00 Plan Review 1.0% of permit fee when the job cost exceeds $50,000 (11)Electrical Permit 400.03-.400.09 Residential (a) Minimum Fee (includes one inspection) $ 35.00 (b) Each additional Inspection $ 35.00 (c) Complete Wiring Fee: $ 150.00 Single Family Dwelling and each dwelling unit of a two family dwelling and includes not more than three inspections. (d) New Service - up to 200 amps $ 55.00 (e) Temporary Service - (for construction) $ 45.00 (f) Installation, addition alteration, or repair of each circuit or feeder $ 8.00 (g) Swimming pool or exterior hot tub $ 55.00 (12)Electrical Permit 400.03-400.09 Commercial, Industrial and multiple dwellings Commercial (more than two units) and Technology systems: Minimum Fee which includes-one inspection $ .45.00 Each additional inspection $ 35.00 (a) Based on total job cost - 2% of estimated job cost with a minimum of $ 45.00 - Over $50,000 -Fee/ $1,000.00 plus 1 1/2% of cost over $50,000.00 (b) Traffic Signals: Per Intersection $ 185.00 (c) Fire Alarm: Based on 3/4% of cost of electrical job to customer with a minimum of $ 45.00 (d) Carnivals, festivals and similar events plus $35.00 for each service on generator $ 110.00 (13) Electrical 400.03-400.09 Based on 2% of cost of electrical job to customer Permit with a minimum of $ 45.00 Signs (separate electrical permit required for signs) • • ~~ ^~~ TYPE.OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (14) Heating, 400.03-400.09 Central Systems and Additions, Alterations-and Ventilating, Air Repairs Conditioning and Refrigeration 1 1/2% estimated cost with a minimum of $ 35.00 (Includes one inspection) Residential Each additional inspection $ 35.00 Heating, Ventilating, Air Central Systems and Additions, Alterations - Conditioning and and Repairs Refrigeration 1 1/2% estimated cost with a minimum of $ 45.00 Commercial /4 G\4.1e~}inn Ci gel 4A8 A3-4 9A A9 ~~~~~y~~ , Rcfrivrt - ~ : , , ale-~er~#~ `r ' ""• "" (16)Sign Installation 415.01-415.11 (a) Temporary sign permif $ 35.00 (b) Permanent sign (any size) $ 75.00 Building permit is required for sign support structures Fees based on building permit fee schedule BOLD represents added/amended fees A. ZONING, LAND USE AND RELATED CHARGES • TYPE OF PERMIT SECTION DESCRIPTION FEE ORiICENSE REQUIRING (1) *Planned Unit 542 (a) $500 plus $5/ $1,000 of project value up to a Development maximum fee of $ 3;500.00 (b) PUD Plan Amendment fee -major $ 550.00 (c) PUD Plan Amendment fee -minor $ 250.00 (2) Site Plan Review 547 (a) $500 plus $5 / $1,000 of project value to a maximum fee of $ 3,500.00 (b) Change in use or g-lafl- Ip an A~~~t $ SSA:-89 amendment €-ee- other than buitdinq 350.00 addition. $- ~A89-A8 e (3) *Variance 547 Residential $ 250.00 Non Residential $ 450.00 Extension $ 75.00 Variance Appeal Residential and Non Residential $ 150.00. (4) *Conditional Use 547 (a} change in use or amendment other than $ 350.00 Permit building addition (b) new construction or building addition up to $ 600.00 20,000 sq. ft. (c) new construction or building addition over 20,000 sq. Ft. $600 + $.50/$1,000 of construction value up to a maximum fee of $ 3,500.00 • s ~~~`N • • TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (5) Interim Use Permit 547 $ 350.00 (6) *Zoning District 547 $ 500.00 Chan e (7) *Subdivision 500.01-500.05 $ 500.00 Approval Subdivision 500.05 $ 350.00 Waiver Subd. 2 *Any additional expense of notification necessitated by applicants request for continuance will be charged to the applicant. (8) Street Vacation 820 $ .350.00 (9) Appeal to Board of 547 $ 350:00 Adj. & Appeals - (10)Special Request to $ 350.00 City Council (11)Zoning $ 50.00 Compliance Letter (12) Comprehensive $ 500.00 Plan Amend. (13) Plat: preliminary & $ 500.00 final BOLD represents added/amended fees II. PUBLIC WORKS FEES TYPE OF PERMIT OR LICENSE SECTION REQUIRING DESCRIPTION FEE (8) Utility Services Sanitary Sewer 700.05 All land uses New Service $ 100.00 Repair $ 100.00 Disconnect $ 100.00 Replacement $ 100.00 Water Service 715.01 All land uses New Service ~ $ 100.00 Repair $ 100.00 Disconnect $ 100.00 Replacement $ 100.00 Turn on/off $ 35.00 Meter Installation $ 35.00 Private Hydrant $ 50.00 Storm Sewer 720 All land uses . New Service $ 100.00 Repair ~ $ 100.00 Disconnect $ 100.00 • g ~ -'~ • TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING Re lacement $ 100.00 FIRE SERVICES FEES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (6) Fire Extinguishing Based on Building Permit fee schedule with a System Permit minimum of: $ 50.00 Plan review fee: 65% of building permit fee, except no fee for the following: (a) no charge for valuation of $1,000 or less (7) Fire Alarm Based on Building Permit fee schedule with a Systems minimum of: $ 50.00 Plan review fee: 65% of building permit fee, except no fee for the following: (a) no charge for valuation of $1,000 or less bl 8 Fl ( ) amma e or Combustible ~-e~ $ ~0~9 Liquid or Gas ~ ° ~et~ Storage Tanks and Pi i n , Tanks (installation or modification) $ 150.00 Installation or alteration of piping Each unit or dispenser $ 50.00 Underground Tank Removal $ 100.00/Tank A. MISCELLANEOUS FEES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (3)Antenna 426 (a) CWTS antenna permit application fee $ 75.00 Commercial (b) Antenna permit fee for additional antennas $ 25.00 Wireless added to an existing antenna location Telecommunication Service CWTS • AGENDA SECTION: CONSENT AGENDA ITEM # $$ REPORT # 2LF3 STAFF REPORT CITY COUNCIL MEETING • OCTOBER 28, 2008 REPORT PREPARED BY: DERICK ANDERSON, CIVIL ENGINEER NAME, Ti7zs DEPARTMENT DIRECTOR REVIEW: SIGNA REVIEWED BY CITY ~ MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of an amendment to the Cooperative Construction Agreement between the City of Richfield and the Minnesota Department of Transportation (Mn/DOT) allowing the City to administer the Reconstruction of the 6300 Block of L ndale Avenue Pro'ect. I. RECOMMENDED ACTION: By Motion: Adopt the attached amended resolution to the City's Cooperative Construction Agreement with the Minnesota Department of Transportation. ~ II. BACKGROUND The agreement is amended to include an additional lump sum amount of $4,800 funded by Mn/DOT and an adjustment downward from the original Engineer's estimate to the actual contract award price. The total agreement amount is now $1,094,430.58. • The additional lump sum amount covers the cost encumbered by the City of Richfield's contractor, Eureka Construction, to .install an extra 32 feet of 60 inch diameter storm pipe past our project limit and into the construction limits of Mn/DOT's Crosstown/35W reconstruction project. The purpose of Eureka installing the extra pipe was to avoid closing the intersection of 63~d Street and Lyndale Avenue a second time when Mn/DOT would have connected to the pipe. 10286300Lyndale • The City has been coordinating with Mn/DOT regarding-the project along Lyndale Avenue including a new storm water pipe to convey additional runoff from the Crosstown Project to Richfield Lake. The project includes the reconstruction of the 6300 block of Lyndale Avenue and construction of a storm water pipe across the Lyndale Garden Center property to the perimeter ponding system around Richfield Lake via easement. The project began in August 2008 with the City administering the project on behalf of Mn/DOT. The attached agreement is required by the Minnesota Department of Transportation to provide the City with additional funds to cover the cost of additional work requested by the State. III. BASIS OF RECOMMENDATION A. POLICY • The City is administering the project in order to control the project details and schedule. B. CRITICAL ISSUES • The proposed amendment must be signed by the City and returned to Mn/DOT • The City has been coordinating the timing of the project with the • Mn/DOT Crosstown. Project closure of the Lyndale Avenue underpass. C. FINANCIAL • An additional lump sum amount for Work Order #1 of $4,800 will be funded entirely by Mn/DOT. • The total project cost is now $1,094,430.58. Most of the funds for this project are coming from the state of Minnesota. D. LEGAL • The City Attorney has reviewed the revised agreement. E. ENVIRONMENTAL CONSIDERATIONS • n/a IV. ALTERNATIVE RECOMMENDATION(S~ • Do not authorize the execution of the amendment. V. ATTACHMENTS • Resolution • Amendment to Proposed Cooperative Construction Agreement • Amended Revised Schedule I VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • ~~-i RESOLUTION NO. RESOLUTION AUTHORIZING THE. CITY OF RICHFIELD TO ENTER INTO AMENDMENT NO. 1 TO MN/DOT AGREEMENT NO. 92642 ALLOWING FOR A LUMP SUM PAYMENT FROM THE STATE OF MINNESOTA FOR STORM SEWER CONSTRUCTION ON LYNDALE AVENUE WHEREAS, the City is performing grading, surfacing, curb and gutter, storm sewer, sanitary sewer, water main, signing and lighting construction and other associated construction upon, along and adjacent to Trunk Highway No. 35W and on Lyndale Avenue from 64t" Street to 63rd Street within the corporate City limits in accordance with City-prepared plans, specifications and special provisions designated by the City as City Project No. 414-70 and by the State as State Projects No. 2782-302 (T.H. 35W=394) and No. 157-363-027; and WHEREAS, the State is currently constructing T.H. 35W and T.H. 62 Cross-town under S.P. 2781-281, of which the 60 inch RC pipe storm would connect to this project at drainage structure No. 5020; and WHEREAS, the State requested and the City agrees to construct 32 feet of the S.P. 2781- 282 connecting 60 inch RC pipe storm .under the City contract, due to time constraints and traffic congestion of 63rd Street and Lyndale; and WHEREAS, the State and the City desire that Agreement No. 92642 be amended so that the Agreement reflects additional lump sum payment amount by the State to the City for work included in Work Order No. 1 under S.P. 2782-302, as shown in the attached Amended Revised Schedule "I." NOW, THEREFORE, BE IT RESOLVED that the City of Richfield enter into Amendment No. 1 of Mn/DOT Agreement No. 92642 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City of the State's share of the costs of storm sewer construction as called for in Work Order No. 1 under S.P. 2782-302 (T.H. 35W=394). BE IT FURTHER RESOLVED by the City Council of the City of Richfield that the Mayor and City Manager are hereby authorized and directed for and on behalf of the City of Richfield to execute and enter into an Agreement and any amendments to the Agreement. Adopted by the City Council of the City of Richfield, Minnesota this 28th day of October 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • ~~ ~' • PRE-LETTING STATE OF MINNESOTA SERVICES DEPARTMENT OF TRANSPORTATION SECTION COOPERATIVE CONSTRUCTION AGREEMENT AMENDMENT NO. 1 The State of Minnesota Department of Transportation, and The City of Richfield Re: State cost for additional storm sewer construction by the City adjacent to T.H. 35W and on Lyndale Avenue S.P. 2782-302 (T.H. 35w=394) S.A.P. 157-363-027 C.P. 414-70 State Funds • AMENDMENT TO Mn/DOT AGREEMENT Nb. 92642 ORIGINAL AMOUNT ENCUMBERED ~. $1,483,032.61 AMENDMENT AMOUNT ($388,202.03) TOTAL OBLIGATION $1,094,430.58 AMOUNT RECEIVABLE (None) THIS AGREEMENT AMENDMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Richfield; Minnesota, acting by and through its City Council, hereinafter referred to as the "City".. 1 C~ C~ r'1 -__I . ~ ~-3 92642-1 WHEREAS, the State and the City did enter into Agreement No. 92642 dated July 18, 2008 providing for lump sum payment based on bids by the State to the City of the State's share of the cost of the grading, surfacing, storm sewer, watermain and sanitary sewer construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 35W and on Lyndale Avenue within the corporate City limits under State Project No. 2782-302 (T.H. 35W=394);-and WHEREAS, the State is currently constructing T.H. 35W and T.H. 62 cross-town under. S.P. 2781-281, of-which the 60 inch RC pipe storm would connect to this project at drainage structure No. 5020; and WHEREAS, .the State requested•and the City agrees to construct 32 feet of the S.P. 2781=281 connecting 60 inch'RC pipe storm under the City • contract, due to time constraints and traffic congestion of 63rd St. and Lyndale~Ave., and WHEREAS, the State and the City desire that Agreement No. 92642 be amended so that the Agreement reflects additional lump sum payment amount by the State to the City for work included in .Work Order No. 1 under S.P. .2782-302, as shown in the attached Amended Revised SCHEDULE "I". IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: I ARTICLE III, PARAGRAPH NO. 2 OF AGREEMENT NO. 92642 DATED July 18, 2008, IS HEREBY AMENDED AND MODIFIED TO READ AS FOLLOWS: After the following conditions have been met, the State shall pay to the City the. State's full and complete lump sum cost share amount which includes the original construction and construction engineering 2 • 8~-`f 92642-1 plus the additional amendment lump sum amount, as shown in the attached Amended Revised SCHEDULE "7". II EXCEPT AS AMENDED AND MODIFIED HEREIN, ALL OF THE TERMS AND CONDITIONS SET FORTH IN AGREEMENT NO. 92642 DATED July 18, 2008, SHALL REMAIN IN FULL FORCE AND EFFECT. III BEFORE THIS AGREEMENT AMENDMENT BECOMES BINDING AND EFFECTIVE, IT SHALL BE APPROVED BY A CITY COUNCIL RESOLUTION AND EXECUTED BY SUCH STATE AND CITY OFFICERS AS THE LAW MAY PROVIDE IN ADDITION TO THE .COMMISSIONER OF TRANSPORTATION OR THEIR AUTHORIZED REPRESENTATIVE. • (The remainder of this page intentionally left blank) =~-- • 3 • 8~-5 -. 92642-1 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. By Date MAPS Encumbrance No. CITY. OF RICHFIELD By Mayor Debbie Goettel Date •By Steven-::L ~ Devich Title City Manager Date DEPARTMENT OF TRANSPORTATION Recommended for approval: By District Engineer Approved: By .. State Design Engineer Date Approved as to form'and execution: By Contract Management Date COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By Date • 1 J • ' 1 O N ^ 0 O 0 0 N v'i N ~ ~ , / l0 ""' .--~ O N ~ , •G N - - , v ~ ~O vii ,00 ~, C N y ~ ~ r- ~: ,O d v oo ' 7 ti ~ ~ . x ~a x M oo M rn D, oo 'cY ss '~, _ a ..d ~ ° = ~ = ~ ~ °^ ~ ~ y ~ ~ ' f d~ ~ ,~ r; .~ ~ ~ i . % ~~ -~ I N r ~. .--i p ~ ~ ~~ .r. _ ~. o `~• ~. ~ z d ~~ = b = o ~ ~. ~ U 2 ~ ~ O ~' ~ ~ ~ ~ ¢ '" '~ o o U ¢ ~, o _ ~ W ~ ~. ~ ¢ ~" r ~ ~ ~ M ~ ~ O w ~ ~ ~ p C O -, s. 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Z ~n N ~n N vi N v-~ N ~n N vi N v~ N v~ N v~ N ~n N v-, N ~n N v~, N ~n N ~n N ~n N ~n N ~n N ~n N v~ N v-, N ~n N ~n N v~ N ~n N ~/ ~ N ~n N ~/ ~ N v~ N v~ N ~n N v~ N ~n N ~n N t,/I~ • . - ~ q ~ '; ~~ - O ~.d ~ O -~ I ~ N ~ ~ c3 -~ M ~ ~ . q. v O ~ p Q d- O ~D ~`? ~ ~p O'~ p M q ~"' J r~^` ~r1 lrr ~ 1 O O ~ p ~ ~ G _ .-~ ~ ~, {~` W 4 ~ ~~ ~, ~ '~~~~ •' I ~-i t M~ . ~ r rl F t- N r, p I01 p O I~ f3 N IWI is ~~ ~O ~~Oa',,~[~a d~ua~a.W~' ~~~~~~ ~~w3p, o~ O i0 Q ', 7w~~Wal w ~ ~Z d p-' P,~~ O ~ u °a ,~ o 'QG ~ w ~~ ~~ ~ a N N ~' ~ ~ ~ ~ ~ w N N ~ N ~ 7 -` Tl~s~-~O • • AGENDA SECTION: CONSENT AGENDA ITEM # $C REPORT # 244 ~i STAFF REPORT CITY COUNCIL MEETING OCTOBER 28, 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 between the City and the Minnesota Departrx~ent of Transportation to authorize Mn/DOT to pass through federal funds to the City to design two pedestrian/bicycle paths in the City. L RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing approval of Agency Agreement No. 93492 between the Minnesota Department Of Transportation (Mn/DOT) and the City of Richfield to authorize Mn/DOT to pass through federal funds to design two pedestrian/bike paths in Richfield. II. BACKGROUND The City was awarded federal grant funds to design and build two pedestrian/bike paths in Richfield. The first would be built along the south side of Highway 62 from Penn Avenue to Humboldt Avenue to complete a trail that is being partially built by Mn/DOT as part of the 35W/Highway 62 Crosstown Reconstruction Project. The second would be built along the west side of .Richfield Parkway north of 65th Street and connecting to 63~d Street and Bloomington Avenue. Improvements to paths in Taft Park are also possible as part of this project. Based on neighborhood input a proposed bike- route on Oliver Avenue has been tabled by the Transportation Commission until completion of the Richfield Arterials Study. 1028Non-Motorized Agreement • The attached agency agreement permits Mn/DOT to accept federal funds on behalf of the City and pass those funds through to the City to design both projects. Adopting this agreement does not obligate the City to complete the pedestrian/bike paths. Nor does-the agreement prevent the City from modifying the proposed Oliver Avenue bike path project if the City Council decides to do so. III. BASIS OF RECOMMENDATION A. POLICY • The City's Comprehensive Plan encourages alternate forms of transportation such as biking and walking. B. CRITICAL ISSUES • Coordination is needed between these projects and the 35W/Highway construction Project and the housing redevelopment proposed as Cedar Point Phase 2 Project. • Based on neighborhood input a proposed bike. route on Oliver Avenue has been tabled by the Transportation Commission until completion of the Richfield Arterials Study.. • C. FINANCIAL • The federal funds will cover 100% of the $41,025 of design work needed to produce construction plans for both projects. D. LEGAL • The City Attorney has reviewed the attached agreement. E. ENVIRONMENTAL CONSIDERATIONS • Both pedestrian/bike paths have received federal and state environmental .approvals to begin the design process. IV. ALTERNATIVE RECOMMENDATION~S~ • Council can choose to reject the agreement and return the federal funds. However, the pedestrian/bike paths would not be built. . V. ATTACHMENTS • Resolution approving Agency Agreement No. 93492 • Mn/DOT Agency Agreement No. 93492 • Two maps showing the location of both trails. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. ~C-I RESOLUTION NO. . RESOLUTION AUTHORIZING ACCEPTANCE OF AGENCY AGREEMENT N0.93492 BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF RICHFIELD FOR FEDERAL PARTICIPATION IN TWO NON-MOTORIZED TRANSPORTATION .PILOT PROGRAM PROJECTS WHEREAS, the City of Richfield has proposed two pedestrian/bike paths, the first follows along the south side of Highway 62 from PennAvenue to Humboldt Avenue and the second is on the west side of Richfield Parkway from 65t" Street to 63~d Street and through Taft Park; and WHEREAS, both projects are eligible for federal funds under the Non-Motorized Transportation Pilot Program and are identified by the Minnesota Department of Transportation as State Projects SP 157-091-02 and SP 157-091-03; 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. 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. 93492," 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 28th day of October, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • • • S ~' ~ MnlDOT Agreement No. 93492 STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND .CITY OF RICHFIELD FOR FEDERAL PARTICIPATION IN PRELIMINARY ENGINEERING FOR' S.P. 157=091-02 and 157-091-03; M.P. NMTP 2709(118) and NMTP 2709(119) 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 in accepting federal funds on the City's behalf for the construction, improvement, or enhancement of transportation financed either in whole or in part by federal funds, hereinafter referred to as the "Project"; and The City is proposing two federal aid projects to develop- construction.plans. for projects • to increase bicycle safety and use within the City of Richfield, hereinafter referred to as the "Preliminary Engineering;" and The Preliminary .Engineering for the Oliver Avenue bicycle street is eligible for the expenditure of federal aid funds, and is identified in Mn/IllOT records as State Project 157-091- - 02., and in Federal Highway Administration ("FHWA") records as Minnesota Project NMTP 2709(118); and The Preliminary Engineering for Stage 2 of the Richf eld Parkway is eligible for the expenditure of federal aid funds, and is identified in Mn/DOT records as State Project 157-09~1- 03, and in Federal Highway Administration ("FHWA") records as Minnesota Project NMTP 2709(119); 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 in accepting • federal funds in its behalf made. available for the Project., (Mn/DOT Agreement No. 93492} Page. 1. • gC-~ B. ELIGIBILITY /COSTS. I. The estimated cast of the Preliminary Engineering for Oliver Avenue is $18,025. It is anticipated that 100% (up to $ 18,025) of the cost of the Preliminary . Engineering 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. 2. The estimated cost of the Preliminary Engineering for Stage 2 of Richfield Parkway is $23,000. It is anticipated that 100% (up to $ 23,000) of the cost of the Preliminary Engineering 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. 3. Any costs incurred by the Cityprior to authorization of the Federal Funds; will not be eligible for federal participation. 4. Eligible cost and expense, if approved, may consist of the following: a) The cost of conducting the environmental studies and development of construction plans and specifications for the above referenced projects. b) The direct labor charges .for City employees for the time that said employees are performing work pursuant to this agreement must be documented in a Public Interest Finding and approved by the FHWA. Said Labor charges may include the prorata share of "labor additives" applicable to said labor charges. Costs to the City of "labor additives" consisting of holiday pay, vacation, sick leave, retirement, pension, unemployment taxes, compensation and liability insurance, lost time charges and similar costs incidental to labor employment will be reimbursed only when supported by adequate records. c) The applicable equipment rental charges for City owned equipment used by the City and mileage charges for employee owned vehicles used by the City on work performed pursuant to this agreement, at rates reflective of the City actual cost. d) Expenditures for materials, supplies, mechanical data processing and equipment rental, limited to the actual expenditures for the purposes of this agreement. e) The cost incurred by the City to employ outside forces to perform any or all of the work pursuant to this agreement, subject to the provisions of section I.D. SUBLETTING. 5. Expenditures for general administration, supervision, maintenance and other overhead or incidental expenses of the City are not eligible for federal participation. 6. Acceptability of costs under this agreement will be determined in accordance with (Mn/DOT Agreement No. 93492) Page 2 • • ~C 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. 7. For costs expected to exceed $ 41.,025 the City must request the preparation and execution of a supplement to this agreement, prior to incurring 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 performed under any 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 Mn/DOT 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 and/or 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. . 3. The City will furnish the personnel, services, supplies, and equipment necessary to properly supervise, inspect, and document the work for the Project. D. SUBLETTING. The City will prepare request for proposals in accordance with Minnesota law and applicable Federal laws and regulations. 1. The City will solicit proposals for Preliminary Engineering after obtaining written notification from Mn/DOT that the FHWA has authorized the Project. Any Project advertised prior to authorization will not be eligible for federal reimbursement. 2. The. City will prepare the .request for proposal, which will include all of the federal-aid provisions supplied by Mn/DOT. 3. The. Ci will re are and ublish the ro osals solicitation for the Project as ty P p p p P required by state and federal laws. The City will include in the solicitation the (Mn/DOT Agreement No. 93492) Page 3 • • 8~-~ ~ . required language for federal-aid- contracts as supplied by Mn/DOT. The solicitation will state where the City will receive the sealed proposals. 4. The City may not include other work in the contract for the authorized Project without obtaining prior notification- from Mn/DbT that such work is allowed by FHWA.. Failure to obtain such notification may result in the loss of some or all of the federal .funds for the Project. 5. The City will prepare proposal packages and prepare -and distribute- any addendums, if needed. 6. The City will receive open, and evaluate proposals. 7. After the proposals are opened, the City will consider the proposals begin .negotiations on the price of the Preliminary Engineering in accordance with the practice commonly known as Quality. Based Selection. If the proposal. contains a goal for Disadvantaged Business Enterprises, the City will not award the bid until it has received certification of the Disadvantaged .Business Enterprise participation from the Mn/DOT-Equal Employment Opportunity, Office. 8. This written consent will in no .way relieve the City from its primary responsibility for performance. of the work. Subcontractor agreements must contain all appropriate terms-and conditions of this agreement. E: CONTRACT ADMINISTRATION. 1. The City will request approval from Mn/DOT for ali costs in excess of the amount of federal funds previously approved for the Project prior to incurring 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 all 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. F. 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 fiznds. 2. The City may request partial payments not more than once each thirty (3d) days. • The Project Engineer will certify each partial payment. (Mn/DOT Agreement No. 93492) Page 4 • • ~ C-- ~ 3. The invoice and 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 hQUrS worked times the applicable rate to arrive at a total dollar amount for each individual. (b) The labor additive shall be applied to total labor dollars. (c} The equipment charges shall 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 and 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 should be included. (f) The invoices will include 100% of eligible charges applicable to the Preliminary Engineering so that the prorata share of federal and • City participation can be applied to the total costs. 4: Following certification of the final estimate, the City may request reimbursement for costs eligible for federal funds. The City's request will be made to Mn/DOT and will 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.. G. 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 FHWA 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, or be subjected to discrimination under any program or activity receiving Federal financial. assistance (42 U.S.C. ZOOOd). 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.su~h programs and activities. are Federally assisted or not. Even in the absence of prior discriminatory practice- or usage, a recipient in (Mn/DOT, Agreement No. 93492) Page 5 • ~ C' ' administering~a program or 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 is the 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 Mn/DOT, 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. H. 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, all books, records, documents, and accounting procedures and practices of the City are subject to examination by the United States Government, Mn/DOT, 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.. I. MAINTENANCE.. The City assumes full responsibility -for the operation. and maintenance of any facility constructed or improved under this Agreement. J. ,CLAIMS. The City acknowledges that Mn/DOT is acting only as the City's agent for acceptance and disbursement of federal funds, and not as a principal or co- principal with respect to the Project. The City will pay any and all lawful claims arising out of or incidental to the Project including, without limitation, claims related to contractor selection (including the .solicitation, evaluation, and acceptance or rejection of bids or proposals), acts or omissions in performing the Project work, .and any ultra vires acts. The City will indemnify, defend (to the extent permitted by the Minnesota Attorney .General), and hold Mn/DOT harmless from any- claims or costs arising out of or incidental to the Project, including reasonable attorney fees incurred by Mn/DOT: The City's indemnification obligation extends to any actions related to the certification of DBE participation, even if such actions are recommended by Mn/DOT. II. DUTIES OF Mn/DOT. . A. .ACCEPTANCE. Mn/DOT accepts designation as Agent of the City for the receipt and disbursement of federal funds -and will act in accordance herewith. (Mn/DOT Agreement No. 93492) Page 6 ~ G_~ B. PROJECT ACTIVITIES. 1. 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. 2. Mn/DOT will provide to the City copies of the required Federal-aid clauses to be included in the proposal solicitation and will provide the required Federal-aid provisions to be included in the Proposal. 3. Mn/DOT will review and certify the DBE participation and notify the City when certification is complete. If certification of DBE participation cannot be obtained, then the City must decide whether to proceed with awarding the contract. Failure to obtain such certification will result in the project becoming ineligible for federal assistance, and the City must make up any. shortfall. C. PAYMENTS. 1. Mn/DOT will receive the federal funds paid by the- FHWA for the Project, pursuant to Minnesota Statutes § 161.36, Subdivision 2. 2. Mn/DOT 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 f nal payment request in accordance with the terms of this agreement. Mn/DOT will review and certify the final 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. If 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. D. AUTHORITY. Mn/DOT may withhold federal funds, if Mn/DOT or the FHWA determines that the Project was not completed in compliance with federal requirements. E. INSPECTION. MnlDOT, 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 ail books, records, and- documents pertaining to the work hereunder, for a minimum of seven years following the closing of the construction contract. (Mn/DOT Agreement No. 93492) Page 7 • ~ C=- ~ III. AUTHORIZED REPRESENTATIVES. Each authorized representative will have i responsibility to administer this agreement and to ensure that all payments due to the other party are paid .pursuant to the terms of this agreement. A. The City authorized representative Thomas Foley, Transportation Engineer, City of Richfield, 6700 Portland Avenue, Richfield, MN 55423-2599. B. Mn/DOT's authorized representative is Lynnette 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 party is responsible for its own acts and omissions and 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 party 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 writing 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 u on execution b the Cit P Y Y -and by appropriate State officials, pursuant to Minnesota Statutes Section 16CA5, and will remain in effect for two (2) years from the effective date or until all obligations set forth in this agreement have been satisfactorily fulfilled, whichever occurs first. VIII. TERMINATION. This agreement may be terminated by the- City or Mn/DOT at any time, with or without cause, upon ninety (90) days written notice to. the other party. Such termination will not remove any unfulfilled financial obligations of the City 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. • (Mn/DOT Agreement No. 93492) Page 8 • • ,` gC-1~ IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending • to be bound thereby. eITY DEPARTMENT OF TRANSPORTATION City certifies that the appropriate person(s) have executed the contract on its behalf as required by ~ By: . applicable .resolutions, ordinances, or charter provisions Title: Director. State Aid for Local Transportation By: Date:: Debbie Goettel Title: M~~~~r By: Steven L. Devich Date: • Title: City Manager • COMMISSIONER OF ADMINISTRATION By: Date: (Mn/DOT Agreement No. 934921 Page 9 • SC-~ N City of Richfield W E Ped/Bike Trail Along. Hwy. 62 & 35W s CITY OF MINNEAPOLIS Paved Path. Paved Path Penn to Newton ' Irving to Humboldt __ Legend ,,,~ I ~ ~~- ~ E TRAIL ALONG 62-35V11~ 0 185 370 '740 1,110 1,480 Feet PubWoricslStaff/TomF/Projects/Bikeways/62-35W Trail 4/28/2008 • C SC-I~ • :7 AGENDA SECTION`. CONSEN'P AGENDA ITEM # 8D REPORT # 245, J STAFF REPORT CITY COUNCIL MEETING • OCTOBER 28, 2008 REPORT PREPARED BY: NANCY GIBBS, CITY CLERK AME, TITLE DEPARTMENT DIRECTOR REVIEW: t IGNATURE REVIEWED BY CITY ~ ~ MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a Facility-Use Agreement with Hope Presbyterian. Church to use the facility as a ollin location for the November 4, 2008 General Election. I. RECOMMENDED ACTION: By Motion: Authorize the Mayor and City Manager to sign- the attached agreement allowing the City of Richfield to use Hope Presbyterian Church from November 3, 2008 through November 5, 2008 as a aollina location for the November. 4, 2008 General Election. II. BACKGROUND • The City has used Hope Presbyterian Church without an agreement as a polling location for many years. This year Mr. Keith Koenig, Property Manager of Hope Presbyterian Church, contacted the City Clerk and stated the Church wants a signed agreement for use of the room as a polling location to release, indemnify and hold harmless Hope Presbyterian Church from any claims that may result from the use of this location. III. BASIS OF RECOMMENDATION A. POLICY 1028Hope Church Agreement B. CRITICAL ISSUES • The City needs this location as a polling place for the November 4, 2008 State General Election. No other large buildings with adequate parking are available in this precinct. C. FINANCIAL • None. D. LEGAL • The City must provide a polling location within the boundaries of the precinct. E. ENVIRONMENTAL CONSIDERATIONS • None. IV. ALTERNATIVE RECOMMENDATION~S~ • None. V. ATTACHMENTS • Facility Use Agreement • VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • L' g~_I • FACILITIES USE AGREEMENT This Agreement is made by and between Hope Presbyterian Church and the City of Richfield: l.. Hope Presbyterian Church agrees to allow the City to use its facilities as a polling location for the conduct of elections. 2. City agrees to limit its use of the facilities under this agreement to the conduct of election activities. During the term of-this agreement; City will limit its use to the days designated by law for the conduct of public elections (both special and general elections for schools, cities, state and federal offices) and to 'one day preceding each designated election day (for set-up) and one day following each designated' election day (for take-down). „ 3. City agrees to pay the costs to replace or repair any equipment or. other Hope Presbyterian Church property that is damaged by the City, its officials or employees as a result of the City's use of the facilities under this Agreement. 4. City agrees to~ release, defend, -hold harmless and indemnify Hope Presbyterian Church against any claims, losses, liabilities, damages to person(s) or property, costs and expenses that arise out of or result from the negligent or intentional acts or omissions of the City, its officials or employees. City does not agree to release, defend, hold harmless or indemnify Hope Presbyterian Church against claims, losses, liabilities, damages, costs or expenses resulting from the negligent acts, or, omissions of Hope Presbyterian Church; if the Church would be liable therefore under the • standard of care due to a trespasser. City also does not agree to release, defend, hold harmless or indemnify Hope Presbyterian Church against the actions of third parties not within the control of ' City. 5, Nothing in this agreement is intended or shall be construed as a waiver of defenses, immunities or limitations on liability available to the City under Minnesota Statutes, Chapter 466 or other law. 6. This Agreement shall be 'for an indefmite term. The City or Hope Presbyterian Church may terminate the City's use of the facilities as a designated polling location upon six months' written notice to the other. Dated: • CITY OF RICHFIELD By Its HOPE PRESBYTERIAN CHURCH By, Its CAH-169608 CT155-1 ~J AGENDA SECTION: AGENDA ITEM # REPORT # ~J STAFF REPORT CITY COUNCIL MEETING • OCTOBER 28, 2008 CONSENT 8E 246 REPORT PREPARED BY: DEPARTMENT DIIZECTOR REVIEW: REVIEWED BY CITY MANAGER: RANDY HUGHES, OPERATIONS SUPERINTENDENT Naas; TITLE ITEM FOR COUNCIL CONSIDERATION: . Consideration of the purchase of gasoline and diesel fuel from Minnesota Department of Trans ortation Mn/DOT . I. RECOMMENDED ACTION: By Motion: Authorize Staff to enter into an agreement with the State of Minnesota Department of Transportation (Mn/DOT) for the purchase of fuel II. BACKGROUND • The City motor pool uses about 50,000 gallons of gasoline and about 35,000 gallons of diesel fuel each year. • Presently, the City has a contract with Hennepin County through 2010 to purchases gasoline and diesel fuel at their Bloomington truck station. • With the relocation of the City Garage to Cedar Avenue; the County's Bloomington site is not as convenient, especially for slower moving vehicles like loaders and park equipment. • The City has the opportunity to enter into an agreement with (Mn/DOT) at their Cedar Avenue Truck Station for the cost of fuel and applicable taxes plus 10% administrative fees through the year 2013. • An agreement with Mn/DOT will -also give us a backup source of fuel when the pumps at the County site are out of order. • Partnerships such as this are good public relations for both agencies as everyone looks for more efficient and cost effective ways to provide services. 1028FuelAgreement • .7 III. BASIS OF RECOMMENDATION A. POLICY • The City participates in joint purchasing agreements with the State of Minnesota. • The State of Minnesota solicits bids for all participants in the purchase agreement B. CRITICAL ISSUES • The City of Richfield does not have a fueling Station at the new maintenance facility. • Multiple sources of fuel are an advantage, especially in emergencies. C. FINANCIAL • State and City will annually meet to determine the approximate cost of fuel. for the next 12-month period.. Fuel costs will include the price of the fuel, .plus taxes and overhead. • Funding for fuel is included in the annual operating budget for the Central Garage. • D. LEGAL • When purchase of merchandise, materials, equipment or construction exceeds $25,000.00, authority to purchase shall be .submitted to the City Council for consideration. • The City Attorney has reviewed this agreement E. ENVIRONMENTAL CONSIDERATIONS • The opportunity to purchase fuel from Mn/DOT allowed the City to build a facility without fuel tanks, which would have taken up valuable space on a tight site. Sharing a fueling: site-also reduces potential for pollution problems IV. ALTERNATIVE RECOMMENDATION(S~ • Council could choose not to enter into this cooperative agreement V. ATTACHMENTS • Agreement between the State of Minnesota and the City of Richfield for use of fuel VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • ~~'~ Mn/DOT Agreement Number 93443-R AGREEMENT BETWEEN STATE OF MINNESOTA AND CITY OF RICHFIELD FOR USE OF FUEL This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and the City of Richfield, Minnesota, acting through its City Council ("Cin'") Recitals Under Minnesota Statutes, Section 174.02 subdivision 6, the Commissioner of Transportation may enter into agreements with other government or non government entities for research and experimentation, for sharing facilities, equipment, staff, or other means of providing transportation related services; or for other cooperative programs that promote efficiencies in providing governmental services or that further the development of innovation in transportation for the benefit of the citizens of Minnesota; and • 2. Under Minnesota Statutes, Section 471.59, subdivision 1, two governmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental unit; and 3. The State and City are both responsible for maintaining roads in their respective jurisdictions, and have a need for fuel; and 4. 'The City plans to relocate a maintenance facility near the State's Cedar Avenue truck station; and 5. The City's new maintenance facility will not have adequate fuel storage and dispensing capability; and 6. The State has adequate fuel facilities at its Cedar Avenue truck station to serve the needs of both parties; and 7. Combining fuel operations is in the best interest of the environment. NOW THEREFORE, the parties agree as follows: • • ~~J~ • Mn/DOT Agreement Number 93443-R Agreement 1. Term of Agreement 1.1 Effective date: upon execution and approval by City and State officials pursuant to applicable laws, including Minnesota Statutes. § 16C.05, subdivision 2. 1.2 Expiration date: September 30, 2013, unless terminated earlier: The parties intend to renew this agreement every 3 years. 2. Authorized Representatives 2.1 State's Authorized Representative for purposes of administering this Agreement is Jack Pirkl, 651-234-7937, jack.pirkl~a,dot.stat.mn.us ,1500 W. County Road B2, Roseville, MN 55113 or his successor. 2.2 City's Authorized Representative for purposes of administering this Agreement is Randy Hughes, 612-861-9175, RHughes ,cityofrichfield.org or his successor. 3. State Responsibilities 3.1 Provide access to the City to the fueling island at the State's Cedar Avenue truck station, 24 hours a day, 7 days a week. When the main access gate is locked, special use vehicles (police; fire) may enter through the southeast security gate. The State will provide up to 10 electronic security gate keys for special use vehicles. 3.2 Provide fueling access information and identification numbers for all City • vehicles and drivers who are authorized to obtain fuel at the Cedar Avenue site. Electronic Security gate key information will also be available. 3.3 At City's request and no less than monthly, provide electronic records of fuel dispensed to City, including quantities and dates, for both gasoline and diesel. 3.4 Maintain fuel composition as determined by the State. Only the State's seasonal specifications for gasoline and diesel will be placed in the storage tanks used by the City. E85 gasoline mixtures will not be dispensed from the shared fuel island. 3.5 Promptly notify the City when the fuel island has mechanical or electrical problems that prohibit fueling. 3.6 Invoice the City for use of fuel. All fuel invoices will include a 10% overhead charge after all applicable taxes have been added to the fuel cost. The overhead charge will cover maintenance and contingencies such as accidental dispenser damage, underground environmental problems, security at the site and damage to the fuel facility itself. 4. City Responsibilities 4.1 Exercise reasonable care when dispensing fuel from the site. 4.2 Train City drivers who use the site on proper fueling procedures and on the hazards of fuel spilled on the ground. 4.3 .Participate in any usage/environmental training provided by the State or use training materials provided by the State. See that City drivers learn and apply the proper procedures to follow in the case of a spill. • 4.4 Provide all City vehicles that use this site with adequate permanent marking such • f • Mn/DOT Agreement Number 93443-R as a City logo. 4.5 Train City drivers on how to operate the electronic fuel dispensing system. 4.6 Issue electronic security gate keys for police and fire vehicles to appropriate drivers only. Immediately report to the State the loss of any of the security cards. Any replacement cards will be issued at a cost of $10 each: 4.7 Pay all costs arising from willful spillage or other damage by agents of the City. 4.8 Promptly pay to Mn/DOT the invoiced amount for fuel received. 5. Payment 5.1 State and City will annually meet to determine the approximate cost of fuel for the next 12-month period. Fuel costs will include the price of the fuel, plus taxes and overhead (Article 3.7). 5.2 State will issue fuel invoices on approximately the first working day. of every month. 5.3 The first month's invoice will be for an estimated 2 months' average usage. 5.4 The second through tenth month invoices will be for 1 month's average usage. 5.5 At the end of the 12~' month, State, will issue a final "catch up" invoice. The parties may adjust the monthly amount prior to the end of 12 months in order to accommodate any substantial price changes. 5.6 Subsequent years' invoices will follow the above procedure. The first invoice of year 2 will overlap the final invoice of year 1. • 5.7 If this Agreement is terminated in the middle of a year, Mn/DOT will promptly issue a final invoice. 5.8 Upon receipt of invoices, City will remit payment to the State, made payable to Minnesota Department of Transportation Accounting & Finance Section, MS215 395 John Ireland Blvd St. Paul, MN 55155 Attn: Accounts Receivable, Agreement #93443-R 6. Liability 6.1 Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law. The State's liability is governed by Minnesota Statutes §3.736 and other applicable law. The City's liability is governed by Minnesota Statutes Chapter 466 and other applicable law. 6.2 Each party is solely responsible for its own employees for any workers compensation claims. An employee of one parry will not be considered an employee of the other party for any purpose. 6.3 Both parties agree to comply with all applicable laws, regulations and Mn/DOT policies concerning the. possession, storage, use, handling or generation of any pollutant, contaminant, or hazardous waste, substance or material at the site. Each party is solely responsible for all claims associated with the release or threatened release of any pollutant, contaminant or hazardous waste, substance or material • where the release or threatened release is due solely to the negligent or intentional acts or omissions of that party. ,~ ~~~`~ Mn/DOT Agreement Number 93443-R 7. Ownership The State retains ownership of all property and appurtenances at the Cedar Avenue truck station. 8. Termination T'he State or City may terminate this Agreement with or without cause by giving the other party 6 months' written notice. 9. Audit The books, records, documents and accounting procedures and practices of the State and City relevant to this Agreement are subject to the examination of the City and State auditors and the State Auditor or Legislative Auditor, as appropriate, for a minimum of 6 years from the expiration of this Agreement. 10. Assignment, Amendment, Waiver and Contract Complete 10.1 Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 10.2 Amendments. Any amendment to this Agreement will be in writing and will of be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 10.3 Waiver. If a party fails to enforce'any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 10.4 Contract Complete. This Agreement contains all prior negotiations and agreements between the State and City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either parry. * The remainder of this page left intentionally blank.* • g ~' ~~ • :~ Mn/DOT Agreement Number 93443-R CITY OF RICHFIELD* MINNESOTA DEPARTMENT OF TRANSPORTATION By Title Debbie Goettel Mayor Date By Title Steven L. Devich City Manager Date *Please attach copy of Council action approving this Agreement. By Title Date Approved as to form and execution: By Mn/DOT Contract Management Date COMMISSIONER OF ADMINISTRATION (As delegated to Materials Management Division) By Date 5 • CONSENT SF 247 STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING OCTOBER 28, 2008 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER. / RANDY HUGHES, OPERATIONS SUPERINTENDENT SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of approval of agreement for purchase of services between the City of Richfield and Henne in Count for Sentencin to Serve work crews. I. RECOMMENDED ACTION: By Motion: approve an agreement for purchase of services between the City of Richfield and Hennepin County for Sentencing to Serve work crews in the amount of $48,000 for the year 2008. II. BACKGROUND Hennepin County Community Corrections operates-the Sentencing to Service (STS) general work program, which utilizes offenders who are working off court- ordered obligations for low level offenses. The City of Richfield has utilized these forces for many years to help clean up after the Fourth of July celebration and to help with occasional labor intensive projects. In 2003, STS crews helped with the extensive storm clean up and did an excellent job. In 2004, the City contracted with Hennepin County to have a crew work two days a week for eight months for $20,000. They were very helpful and did many projects that the reduced number of full-time staff would not have been able to accomplish. (See attached sheet.) • In 2007 the City contracted with STS for a work crew for 4 days a week for 6 months during the summer and 2 days a week for-6 months during winter for $48,000.00. The 2008 contract is a renewal of the 2007 contract with no increases. 1028Sentence to Serve • • • This contract is normally processed earlier in the. year but was overlooked this year. III. BASIS OF RECOMMENDATION A. POLICY • City policy has been to encourage mutually beneficial joint agreements with other agencies. • Council must approve contracts over $25,000. B. CRITICAL ISSUES • This partnership has worked very well. in the past. • Many other cities participate successfully in this program including Bloomington, St. Louis Park, Minneapolis, St. Paul, Mn/DOT and Three Rivers Park District. C. FINANCIAL • The average work crew is eight people plus a crew leader. The net cost to the City is less than $4.80 per hour for each worker. D. LEGAL • • When the purchase of materials, merchandise, equipment or construction exceeds $25,000, authority to purchase shall be submitted to the City Council for consideration. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may choose to not approve the contract; however STS crews have provided. the City with approximately 9 months of services already this year, totaling $36,660.00 dollars for which they should be compensated, even if we do not use them for the rest of the year. STS crews provide an excellent service at a very inexpensive cost that could not be obtained elsewhere. V. ATTACHMENTS • Listing of examples of Sentencing to Service work projects. • Contract for 2008. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • :7 O~_`~ TASKS FOR "SENTENCE TO SERVE" n U • Maintain City-owned vacant lots on 18th Ave. • Weed control along curb lines • Picking up trash along freeway fences and on minor arterial roads • Washing and cleaning City equipment • Clean garage stalls • Trimming along freeway fences • Weed control around ball field fences • Clean tennis courts • Clean tot lots and park trash pickup • Weed whip parks and freeway fences • Sweep slabs under bleachers • Clean and wash park buildings • 4t" of July setup and cleanup • • Half-Marathon setup and cleanup • Cattail Days setup and cleanup • Clean Ice Arena • Shovel gate boards • Restore and paint picnic tables • Paint park buildings • Shovel snow at bus stops and fire hydrants • Shovel debris out of catch basins • Clean under bridge decks • Paint Garage building • Cleanup trash around storm water ponds • H U B garbage • Wood chipping along 77t" street wall • Rebuild retaining walls • • ~ F- ~. • Agreement for Purchase of Services Between City of Richfield And Hennepin County This agreement made by and between the City of Richfield (herein after "CITY") and Hennepin County, on behalf of the Hennepin County Department of Community Corrections (herein after "HENNEPIN COUNTY) for the purpose of the CITY to utilize Hennepin County Sentencing to Service ("STS") work crew(s). HENNEPIN COUNTY Community Corrections operates the Sentencing to Service general work program which utilizes offenders who are working off court ordered obligations in lieu of other sanctions, or as sole sanction, for low level offenses. The CITY wishes to utilize STS participants to work at CITY facilities for labor intensive .Forestry, Park Maintenance and Utility Maintenance related projects. Each STS crew will be supervised by a Hennepin County employed STS crewleader who will be responsible for transportation, instruction and supervision of the crew for quality work performance and job safety. STS program participants are not employees of the CITY. IT IS AGREED: • Duties of HENNEPIN COUNTY. HENNEPIN COUNTY AGREES TO: A. Provide a HENNEPIN COUNTY employed crewleader who will be responsible for transportation, instruction and supervision of the STS crew for quality work performance and job safety. B. .Provide STS work crew(s) fora minimum of six (6) hours per day, excluding paid breaks. C. Assume all medical liability for the STS program participants and the HENNEPIN COUNTY employed supervisor. D. Train each STS work crew in safety principles and techniques set forth by applicable federal, state and local agency requirements E. Provide. required personal safety equipment and clothing needed for specific work. F. Provide basic construction tools needed for specific work. G. Provide quarterly reports to the CITY that shows number of days worked and total hours of service received: ~I • U~~~ • Duties of the CITY. The CITY agrees to: A. Obtain all necessary permits or licenses or special authority for all projects that utilize STS labor. B. Assign all work and coordinate material purchases and delivery for STS projects to be performed. Consideration and terms of payment. A. CONSIDERATION: The CITY agrees to pay an annual cost of $ 48,000.00 for a crew in 2008 and HENNEPIN COUNTY guarantees a minimum of four (4) days per week service for six (6) months (May through October) and two (2) days of service per week. for six (6) months (for the remainder of the year) at an average of eight (8) offenders per day. B. TERMS OF PAYMENT: Payment for services are to be billed quarterly to the CITY by HENNEPIN COUNTY, payable within thirty (30) days. C. Additional temporary and/or partial crews may be utilized by the CITY during the term of this agreement upon mutual agreement of both parties at an agreed upon negotiated rate consistent with the terms of this agreement. • Terms of Contract. This agreement shall authorize the CITY to utilize one (1) HENNEPIN. COUNTY Sentencing to Service work crew during the. period of January 1, 2008 through December 31, 2008. Cancellation. The CITY and HENNEPIN COUNTY reserve the absolute right to cancel this agreement upon thirty (30) days written notice. Payments would be made only for actual work performed until the date of cancellation. Indemnification. Each party shall be liable for its own acts and the results thereof, to the extent provided by law, and agrees to defend, indemnify, and hold harmless each other (including their officials, employees, volunteers, and agents) from any liability claims, causes of action, judgements, damages, losses, costs or expenses, including reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the party, anyone directly or indirectly employed by it, and/or anyone for whose acts and/or omissions it may be liable, in the performance or failure to adequately perform its obligations under this agreement. The provisions of Minnesota Statutes, Chapter 466 (Tort Liability, Political Subdivisions) and other applicable law shall govern each party's liability. 2 ;~ • CITY OF RICHFIELD Bv: ~ ~~ COUNTY OF HENNEPIN STATE OF MINNESOTA Bv: Debbie Goettel, Mayor Date: By: Steven L. Devich, City Manager Date: • • Assistant Deputy County Administrator Date: Bv: Chair of the County Board Date: Approved as to Form: Assistant County Attorney Date: Approved as to Execution: Assistant County Attorney Date: 3 • • • J STAFF REPORT AGENDA SECTION: CONSENT AGENDA ITEM # $G REPORT # 2!E$ CITY COUNCIL MEETING OCTOBER 28, 2008. REPORT PREPARED BY: JAY HENTHORNE, POLICE LIEUTENANT DEPARTMENT DIRECTOR REVIEW: SIGNAT REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: onsideration of the renewal of the contract with Chiefs Towing, Inc. for Public Safety towing services for December 1, 2008 through November 30, 2009. RECOMMENDED ACTION: By Motion: • Approval the renewal of the attached contract for Public Safety towing services, December 1, 2008 through November 30, 2009 .between the City of Richfield and Chief's Towing, Inc., 8610 Harriet Avenue South, Bloomington, MN. • .Approve an increase of 5% in all prices for all categories of services: revised aroposal attached. II. BACKGROUND The City currently has a contract with Chief's Towing, Inc. for Public Safety towing services. Chief's Towing, Inc. was awarded the contract for 2008 and would like to renew the contract for the year 2009, as the contract expires on November 30, 2008. The contract can be automatically renewed if both parties agree to the renewal and if Chief's notifies the City in writing 30 days in advance of the expiration of the contract that they wish to renew. Chief's Towing, Inc. is located in the City of Bloomington and previously contracted with the City of Richfield for Public Safety towing services. Their performance during the previous 1028 Renewal of Chief's Towing Service Contract for 2009 ~J contract period was satisfactory. They, meet all requirements stated in the contract and - currently tow for Bloomington Police, as well • Chief's notified the City that they wish to renew the contract for 2009. • The Public Safety Department wishes to renew the contract with Chief's Towing, Inc. • Contracts for services need not be competitively bid. • The contract has numerous conditions that must be met. Chief's Towing, Inc. is a reputable, established towing business that meets all contract requirements. • A six-month notice-must be given by either party in writing to terminate the contract. • On December 1, 2008, Public Safety must have towing services. This is particularly- important with the possibility of snow emergencies occurring at any time. • Chief's is a large towing company that can handle the needs of Public Safety regarding seizure/impound vehicles and comply with City ordinances that a smaller company could not handle effectively. -- • The current contract with Chief's reflects rates from 2008. Rates will increase 5% for the period December 1, 2008 -November 30, 2009. This is based upon • the Consumer Price Index as it relates to the St. Paul/Minneapolis area. • There is adequate funding in the Public Safety budget to cover the increased costs. • The City Attorney has reviewed and approved the past contract with Chief's Towing, Inc. E. ENVIRONMENTAL CONCERNS • N/A ALTERNATIVE RECOMMENDATION(S~ • Do not sign the contract. However, Public Safety must have towing and impounding services beginning December 1, 2008. ~ V . ATTACHMENTS ~ • 2008-2009 Contract with Chief s Towing, Inc. - • Price Sheet for Towing, Impounding & Storage VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • • 8 ~^--1 AGREEMENT BETWEEN THE CITY OF RICHFIELD AND CHIEF'S TOWING, INC. FOR TOWING, IMPOUNDING AND STORAGE OF MOTOR VEHICLES THIS AGREEMENT is made this 30th day of November, 2008, between the City of Richfield, a Minnesota municipal corporation located at 6700 Portland Avenue South, Richfield, Minnesota 55423 (hereinafter referred to as the "City"), and Chief's Towing, Inc., located at 8610 Harriet Avenue South (hereinafter referred to as the "Contractor") WITNESSETH WHEREAS, the City has a need to contract for the towing, impounding and storage of motor vehicles; and WHEREAS, the City requires that the towing operators are located within three (3) miles of the ~ity limits; and WHEREAS, the Contractor is the operator of a towing. and storage facility within three (3) miles of the City limits and has the expertise and capabilities to provide the required services; NOW THEREFORE, in consideration of the terms and conditions expressed herein, the parties agree as follows: I. TERM OF AGREEMENT The term of this Agreement shall be from December 1, 2008, to November 30, 2009, subject to termination as provided in Subdivision V. II. DUTIES OF CONTRACTOR A. The Contractor shall tow, impound, and store all motor vehicles, which are ordered removed under the direction of the police chief, or the fire chief, of the City of Richfield • or their authorized and legal representatives. The Contractor shall be entitled to a charge for its towing and storage services pursuant to those fees specified in the • • c~ ~ ' oL- Contractor's Proposal (Exhibit B), It is agreed that neither the City nor the Richfield Police Department is responsible for any charges as a result of towing and/or storage, with the exception of those vehicles identified by the Police as subject to forfeiture, and that the Contractor assumes liability for any unpaid charges. B. The Contractor agrees to provide the services, as proposed, and perform all other terms and conditions according to the City's Specifications and the Contractor's Proposal, incorporated by reference herein as Exhibit A and Exhibit B. C. The Contractor shall defend, indemnify and hold harmless, the City of Richfield, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the Contractor's (including its officials, agents or employees), performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Contractor.. D. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Contractor's staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. The Contractor and its staff are to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Contractor represents that it has, or will secure. at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the Contractor or other persons, while engaged in the performance of any work or services required by the Contractor under this Agreement, shall have no contractual relationship with the City and shall not be considered ~~-3 employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Contractor, its officers, agents, contractors or employees shall in no way be the responsibility of the City; and the Contractor shall defend, indemnify and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. E. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota Statutes, Section 363. F. The Contractor agrees to maintain for the full term of this Agreement, the following minimum insurance coverage: a) $1,000,000.00 Comprehensive General Liability insurance, Business Auto Policy with $1,000,000.00 limits and Garage Keeper's Legal Liability. b) Workers' Compensation insurance covering all employees of the Contractor, or his agents, in accordance with the Minnesota Workers' Compensation Law. Certifications of insurance must be filed with the City and shall include a provision that states the insurance company shall give the City at least 25 days written notice prior to cancellation, non-renewal, or any material change in the policy. The Contractor further 8~-`~ agrees to name the City of Richfield as additional insured on said comprehensive general liability policy. G. The Contractor agrees to furnish on or before the date this Agreement becomes effective, an acceptable corporate surety bond in the amount of $10,000, payable to the City of Richfield and subject to approval by the Richfield City Attorney,. for the faithful performance of all duties and obligations imposed under the terms and conditions of the Agreement. III. DUTIES OF THE CITY The City agrees to pay the Contractor the flat rate charge of $152.00 per vehicle for the towing and storage of vehicles identified by the Police Department as.subject to forfeiture and which are subsequently released to the Police Department. IV. MISCELLANEOUS A. This agreement represents the entire Agreement between the Contractor and the City and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. B. The Contractor agrees to comply with the Americans With Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and not discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. The Contractor agrees to hold harmless and indemnify the City from costs, including but, not limited to damages, attorney's fees and staff time, in any action or proceeding brought, alleging a violation of ADA and/or Section 504 caused by the Contractor. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs and activities. The City has designated coordinators to facilitate r -"~ U ~~~~ compliance with the Americans with Disabilities Act of 1990, as required by Section 35.107 M of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. C. The Contractor will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. The Contractor agrees to comply with all applicable local, state and federal laws, rules and regulations in the performance of the duties of this contract. D. This Agreement shall not be assignable except at the written consent of the City. E. The books, records, documents, and accounting procedures of the Contractor, relevant to this Agreement, are subject to examination by the City, and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 168.06, Subdivision 4. F. The City and the Contractor agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1821 University Avenue, St. Paul, Minnesota. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and commence such action prior to the expiration of the applicable statute of limitations. V. TERMINATION Either party may terminate this Agreement for any reason upon giving six (6) months advanced written notice to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the lay and year first above written. • g~-~ CITY OF RICHFIELD DATED: BY: DATED: BY: Its Mayor Its Manager CHIEF'S TOWING, INC. DATED: BY: Its: • ~~ ~J EXHIBIT A D (~ ' 2008-2009 SPECIFICATIONS TQWING, IMPOUNDING AND STORAGE OF MOTOR VEHICLES GENERAL: It is the intent and purpose of these specifications to specify and detail the requirements for the Towing, Impounding and Storage of Motor Vehicles for the City of Richfield 24 hours per day, 365 days per year, on an as needed and directed basis. Such direction is to be by the Chief of Police, the Fire Chief, or their authorized and legal representatives. The contract for service shall commence on December 1, 2008 and terminate on November 30, 2009. The City reserves the right to extend the contract for additional (1) one year periods if such an extension is permitted by the Contractor, the standard of service is satisfactory, and, has the approval of the Richfield City Council At the time of contract extension, the contractor may request a price increase for all categories to be effective during the contract extension period.. Any requested increase shall not exceed the Consumer Price Index for the Minneapolis/St Paul urban area and have the approval of the Richfield City Council. Application for extension and -price increases or decreases shall be initiated by the performing contractor, must be submitted in writing and be- in the hands of the proper Director of Public Safety at least sixty (60) days prior to the date of contract expiration. All of the towing, impounding and storage of motor vehicles under this contract shall be in accordance with Minnesota Chapter 1686 and any section of the Richfield City Code related thereto. SPECIAL PROVISIONS: The contractor must own or have direct access to satisfactory equipment and trained, available personnel, in order to provide immediate and prompt service as ordered and requested by the authorized City officials. 2. The contractor must own or have available within (3) miles of Richfield's city limits the following equipment as a minimum: A. Two trucks having a manufacturer's gross vehicle weight rating of 4 ton or more, to be equipped with a crane and winch, and further equipped to control the movement of the towed vehicle, and B. Equipment sufficient and designed to move a completely demolished vehicle by means of dollies or low-bed trailers. . ~ A listing of all equipment to be utilized shall be submitted to the City. Such listing shall show the make and model of all equipment available for use under this contract, along with size and all other pertinent information, such as specialized equipment not necessarily herein specified, but which may be a factor in performing effectively and efficiently. • • V `~ / All equipment to be used by the contractor under this contract shall be maintained in good repair and condition. The City reserves the right to inspect the equipment from time to time for the, purpose of determining that equipment condition is in conformance with the terms and conditions of the specifications and the contract. 3. All storage and parking lot facilities and all equipment to be used by the contractor .under this contract must be located within (3) miles of Richfield's city limits. The storage and parking lot facilities must meet all of the applicable State building code standard and municipal license and zoning requirements, including those relating to screening and landscaping of the City in which the facility is located. 4. The facilities proposed to be utilized under this contract must have the capability of storing a minimum of one (1) vehicle inside and a further capability of providing storage for a minimum of (25) twenty-five vehicles outside. Inside storage will be necessary only when so requested or directed by an authorized official of the City of Richfield as identified in these specifications. When a direction is given- to store a unit inside, such directions may be accompanied by certain instructions for security measures to be employed. The security responsibilities become the responsibility of the storing agent while the unit is in their keeping. 5. The Contractor performing under this contract shall assume all and full responsibility for the conduct of his/her employees. The Contractor guarantees that all of the employees performing under this contract will be adequately trained in their profession, will respond promptly to all calls, will provide safe and adequate equipment (as herein specified), be clean and neat in appearance, use decent language, free of profanity, and treat the public courteously at all times. Request for service from the Richfield Police Department must be given priority by all dispatchers. Failing to meet any or all of the requirements of this section may result m cause for terminating the contract at any time as per the conditions specified for contract termination. 6. The Contractor will be solely responsible for loss or damage to any vehicle, including all equipment and contents, from the time direction is given by the authorized City representative turning the vehicle over to the Contractor or his Agency ,and until such time as the vehicle is legally released to the registered or actual owner or legal agent thereof. 7. The performing contractor must agree to maintain proper records of all vehicles received. The record keeping system shall meet the approval of the Richfield Public Safety Director and records are to be available at all times for inspection by authorized City officials. The records must include a copy of the police impounding report. A report shall be submitted monthly to the Richfield Public Safety Director detailing all vehicles stored or released during that current month. All contents of such reports shall meet the approval of the Richfield Public Safety Director. 8. All vehicles towed or impounded are to be released only upon proper authority of the Richfield Public Safety Director, except for private tows. 9. While performing under this contract and under these specifications, the Contractor or their designated representative(s) must be present at the storage facility six (6) days a week, Monday through Saturday, between the hours of 8:00 a.m. and 6:00 p.m. (excluding legal holidays), and from 12:00 p.m. (noon) to 1:00 p.m. each Sunday and all legal holidays, for the purpose of releasing vehicles to authorized claimants. Police requested releases will be handled anytime. • ~~~ 10. It shall be agreed under this contract that motor vehicles will not be driven at anytime during the towing procedure. In the. event that the vehicle is without tires or has flat tires, the performing Contractor agrees to tow the vehicle without damaging the wheels and further agrees not to tow any vehicle on its rims, on wheels without tires, or on flat tires. 11. Upon arrival at the scene of a tow where a vehicle accident has occurred, the performing Contractor, in addition to the physical removal of the vehicle, assumes full responsibility for removing any vehicular parts or other debris, excluding liquids and other commercial cargo, resulting from the accident. This clean-up is to be completed without any additional compensation. 12.The performing Contractor shall be entitled to a charge for his/her towing and storage services. pursuant to the fees submitted in the accompanying bid proposal. The Contractor shall agree .that neither the City nor any Department thereof is responsible for any charges as a result of towing and/or storage and that the Contractor assumes all liability for any and all unpaid charges. NOTE: This Provision and these Specifications are in no way a law or regulation relating to "price, route, or service of any motor carrier with respect to the transportation of property," under 49 U.S.C. Sec. 14501(c)(1)(1997). 13.If an involved private owner/operator makes a timely request for a tow by other than our Contractor, such request shall be honored by the Police Department. In either instance, the owner/operator is solely responsible for all associated charges. 14. For vehicles identified by the Police Department as subject to forfeiture, and subsequently released to the Police Department pending the outcome of forfeiture proceedings, the performing contractor shall indicate a flat rate charge per forfeited vehicle. The flat rate shall include the towing, storage on the date of the tow, and three days of storage after the date of the tow. The flat rate applies to all cars, vans, small trucks, 4-wheel drive vehicles, utility vehicles, and motorcycles identified by the Police Department as subject to forfeiture to the City. 15. Should the Contractor fail to appear at a designated tow point within twenty (20) minutes after receiving a call for a tow, the City reserves the right to call another towing service to perform the work. If the Contractor is called and is unable to respond due to conditions beyond their control, the authorized City officials shall be immediately so informed, and the right is hereby reserved to call another service to perform the work. If, at any time, it becomes necessary for the City to request the services of another towing service for the reasons detailed above, the City retains the right to hold the Contractor retained under this contract responsible for any additional charges over and above the fee schedule recorded in this bid proposal. Such charges shall be assessed only if the response time is due to negligence or laxity on the part of the contractor, which negligence might include equipment failure. 16. The Contractor performing under this contract shall operate and maintain its parking and storage facility in compliance with the terms of this contract and all State and City applicable laws, ordinances, and rules and regulations that are presently in effect, or which may hereafter be adopted. 17. No alterations or modifications of the terms of this contract shall be valid unless made in writing and signed by authorized representatives of both parties hereto. C7 ~~-~ I'o ~18.In the event of a breach by the Contractor of any terms or conditions of this agreement, the City shall have, in addition to any other legal recourse, the right to terminate this agreement forthwith. 19. Either party may terminate this contract upon the serving of such termination notice to the other, in writing, (6) .six months prior to the intended termination date. 20.A copy of this contract, along with the authorized fee schedule, shall be posted in a conspicuous place in the Contractor's place of business. INSURANCE: The successful Contractor shall not commence work under this contract until the specified insurance coverages have been obtained. The Contractor shall file, with the Richfield City Clerk, all certificates of insurance or documentation thereof indicating that all specified insurance have been obtained and are in full force. The City of Richfield shall be named as an additional insured on said comprehensive general liability policy. The following coverages are required as minimums: 1. Public Liability Insurance: $1,000,000 Comprehensive General Liability (including assault and battery). Business Auto Policy with all coverages (all vehicles), with $1,000,000 limits. 3. Garage Keepers' Legal Liability. 4. Workers' Compensation Insurance covering all employees of the Contractor, or his agents, working under this contract in accordance with the Minnesota Workers Compensation Law. The Contractor shall agree to provide to the Richfield City Clerk, 25 days prior written notice in the event any policy is canceled or a material change is effected and each policy must contain a provision that the insurer notify the Richfield City Clerk immediately if a policy is canceled or a material change has been effected. PERFORMANCE BOND: On or before the date that the contract between the City and the Towing service becomes effective, the Contractor shall file with the Richfield City Clerk an acceptable Corporate surety bond in the amount of $10,000, payable to the City of Richfield .and subject to the approval by the Richfield City Attorney for the faithful. performance of all duties and obligations imposed under the terms and conditions of the contract. • C7 . ~ I EXHIBIT B REVISED PROPOSAL FORM CITY OF RICHFIELD, MN PROPOSAL FOR TOWING, IMPOUNDING AND STORAGE OF VEHICLES TO THE CITY COUNCIL, CITY OF RICHFIELD CONSUMER PRICE iNDEXINCREASE 12/01/07 12 MONTHS 12101108 THROUGH ENDING 6/30/06 THROUGH 11/30/08 5.0% 11/30/09 Towing of impounded cars, trucks (under 1-1/2 ton capacity), motorcycles, all-terrain vehicles, snowmobiles and unattended utility trailers towed within the City of Richfield $74.00 $4.33 $78.00* Towing charge for the same from outside the City of Richfield $74.00 $4.33 $78.00 Mileage charge for same $3.00 $0.15 $3.15 Towing of trucks (larger than 1-1/2 ton capacity) within the City of Richfield $124.00 $6.20 $130.00" Towing charge for same from outside ~he City of Richfield $124.00 $6.20 $130.00* Mileage charge for same $3.00 $0.15 $3.15* Use of Winch with a tow Use of winch w/tow light duty (per 15 min. intervals) $19.00 $0.95 $20.00'" Use of winch w/tow heavy duty (per 15 min. intervals) $30.00 $1.50 $32.00" Use of Dolly $19.00 $0.95 $20.00* Use of low-bed trailer or truck $93.00 $4.65 $98.00" (Flatbed Required) Storage Charges Inside Storage charges for first 24 hours or Fraction thereof: $33.00 $1.65 $35.00 Outside Storage charges for first 24 hours or Fraction thereof: $24.00 $1.20 $25.00* Inside storage charges for each additional 24 hours Or fraction thereof: $33.00 $1.65 $35.00* Outside storage charges. for each additional 24 hours Or fraction thereof: $24.00 $1.20 $25.00 Forfeitures Vehicles forfeited to the City of Richfield $145.00 $7.25 $152.00* City Owned Vehicles ~l'owing of City vehicles less than 1 ton (within the City $36.00 $1.80 $38.00 Mileage charge for same outside of Richfield $3.00 $0.15 $3.15 *All items rounded to the nearest dollar www. c h i efs tow i n a. co m • • AGENDA SECTION: CONSENT AGENDA ITEM # $H REPORT # 249 STAFF REPORT CITY COUNCIL MEETING - OCTOBER 28, 2008 REPORT PREPARED BY: NAME, TITLE U DEPARTMENT DIIZECTOR REVIEW: REVIEWED BY CITY MANAGER: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR ~/ ~f ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contracts for concrete foundation work and helical anchors for the Honorin All Veterans Memorial to Crosstown Mason and Atlas Foundation. I. RECOMMENDED ACTION: By Motion: Award the attached contract to Crosstown Masonry in the amount of $10,800, for concrete, forming, rebar materials and placement, and the. attached contract to Atlas Foundation in the amount of $7,840 for helical anchors for the Honoring All Veterans Memorial. • II. BACKGROUND Work has progressed on the Honoring All Veterans Memorial including, a concrete centerpiece pedestal/foundation with a statue depicting Chuck Lindberg. The next step in completing the memorial is the first set of granite tablets which will bear the engraved names of Veterans. The sale of the engravings is the primary funding source for the Memorial and it is hoped that the installation of the granite tablets will stimulate engravings sales. The foundations will support a total of 10 granite tablets and each tablet will feature 120 names. About 350 engravings have been sold to date. Senator Dan Larson and State Representative Paul Thissen .both authored a bonding request to fund the completion of the granite tablets and additional items for the Honoring All Veterans Memorial. The project was included in the bonding bill in the amount of $100,000 and made into law in the last legislative session. 1028tiAVM Foundation Contract The foundation work for the tablets is scheduled this fall so that the engravings sold so far can be engraved on the tablets and unveiled on Memorial Day, 2009. Crosstown Masonry was the lowest cost proposal of three in the amount of $10,800, and Atlas Foundation proved a proposal to install 8 helical anchors for $7,840. III. BASIS OF RECOMMENDATION A. POLICY • None B. CRITICAL ISSUES " • It is hoped that the engraving tablets will be completed by Memorial Day, 2009, and foundation work performed this fall will keep the project on schedule. C. FINANCIAL • The City received funding from the State.of Minnesota in the amount of $100,000 for the foundation work of the Honoring All Veterans Memorial. D. LEGAL • None IV. ALTERNATIVE RECOMMENDATION~S~ • None V. ATTACHMENTS • Proposal from Crosstown Masonry, Inc. • Proposal from Afilas Foundation VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • • gN-( PROPO L • CROSSTOWN MASONRY, INCORPORATED 1.322159 AVENUE N.E. HAM LAKE, MINNFSgTA 55304 PH# 763-434-6371/fAX# 763-434-7693 PROPOSAL SUBMITTED T0: K.A. Minneapolis ATTN: Chris McKane DATE: 10/10/08 Jos xAlvtE: Veterans Memorial Park JOB LOCATION: Richfield, MN ARCHITECT: Mf3J Consultants DATE OF PLANS: 4/11/08 We propose to furnish all labor, materials, and tax to complete the Concrete .Addenda's noted: none. Bid Includes: t~Footing, Pads and Piers -'Proured Walls ^_ Floor Slabs _ Concrete Topping _ Sidewalks Curb, Gutters and Approaches T Reber: labor and materials Mesh: labor and materials T Blocks: plain, colored and Burnished ~_ Facebrick: size allowance $ /1000 _ Perimeter insuL _ Corefill insul. (Injection) _ Architectural precast: Labor and materials _ Simulated stone: labor and materials Heat and Cover Concrete Foundations Concrete and Forming $ 4,600.00 Reber materials and placement 1$ ,400.00 Total Bid $ 6,000.00 Alternates: 1. Second foundation Add $ 4,800.00 Clarify: . • One new foundation for monument wall includung footing and CIP wall. • Reber listed as an alternate for donation of materials and labor by others. This will need to Eie tie at the same titre that the footings and walls are being done. • Drilling rods for granite wall by others. • Granite walls by others. • Helical Piles by others. • Excavation by others. Heat and cover on a time and material basis if needed. • Access to area with concrete trucks as we talked about. Bid Ezcludes• .-Demolition, _~orrugated form deck Meat and Cover, ~'P'esting ~chitectural precast/Stone performance and payment botid Reber: labor and materials baulking, ~-Sealants, ~iresafmg, Fire Caulking Sand cushion, vapor barrier if placed under sand cushion ±~famp proofing, purveying and staking,,-dewatering structural precast planks and panels c.~+iiscellaneous Metal (lentils, angles, anchor bolts, act. All materiel is guerameed to be ere apecitied. All work to be wmpleted is a workmanlike Name: JaSOn M LandbOl _ .... _. manner seardinB~to~etandudp~sctiw:.~Aay~altatafion~ordeviaaon-8omabovo-apxifioations..__..... ._..._.__ ..... ..........._... .._._..__ .. ... :_.... ......._... ........_._.. ...... .. ...... .._......,. involving extis'co§td will be execute! anly Upon wihtaa orderer; aad allfbewma an exba Author'sud charge over and above tiw estimate. All agreemeats wadngent upon etrikes, accidenU or Signawm: delays beyond our control. Owner to carry fire, tomedq end other oexssary insurance. Our workers era ibily wvered by Workmsa's Compensation rnsurance. Note: This proposal ]nay withdrawn by us if not accepted 1 ~ O days. ...... .......... Aceeptarnce of` ProposaY-The above prices, specifications _ _. _ _.. _ -Date oPAcceptance: _. _ ........ _ _ _ .... _ . ..._....._ and conditions are satisfactory and are hereby accepted. You are authorized to do We work as specified. Payment will be made as Signature: outlined above. Signature: • 8 ~I- ~. ATLAS FOUNDATION CO. P.O. Box 117 Rogers, MN 55374 (763)428-2261 Fax:(763)428-4754 Website: www.atlasfoundation.com Jim Topitzhofer 612-861-9394 Honoring All Veterans Memorial October 13, 2008 JTopitzhofer@cityofrichfield.org cc: Chris McKane 612-335-2768 Fax: 612-332-8739 chris.mckane@k-a-c.com Kraus-Anderson Construction Co, Reference: Honoring All Veterans Memorial, Phase II • Helical Pier Foundation Systems 64th Street & Portland Avenue • Richfield, MN We offer our revised proposal to furnish and install Helical Pier Foundation Systems as manufactured by CHANCE®. We are the certified installation contractor in the area for this product. Information Given: • Structural foundation plan by MBJ dated 9-25-2008. The plan calls for a total of (8) 12-ton helical piles. to support two granite name tablets. Mr. Chris McKane indicated that there is the option that only one name tablet structure will be constructed, requiring only (4) helical piers. • Geotechnical exploration and report by Braun Intertec dated 10-25-2007. • Atlas Foundation project #08054, Phase 1 of this project (pedestal foundation). Proposal: Per the plans, we propose installing (4) or (8) SS175-13/" (12-ton design capacity) Helical Pier Foundations to support the structure. The piers would be terminated with steel bearing plates to be .embedded in the grade beam footings, as detailed on the plans. Based on the previous work at this site, we assume the helical piers will require an average installation~length of 20' in order to achieve capacity. Costs for engineering called for in the structural notes are included at incidental to the unit price per pier. Pricing: Option 1: (4) 1%" Helical Pier Foundation Systems @ $1,090.00 = $4,360.00 Option 2: (8) 1 %" Helical Pier Foundation Systems @ .$980.00 = $7,840.00 Clarifications: The prices for the helical piers are for the lengths indicated. The actual installed length could vary depending upon soil conditions. They are advanced until the proper torque is obtained for the capacity required. Additional length, if required, would be at the cost of $27.00 per foot, in full extension lengths, and reductions in length would be at $20.00 per foot, in full extension lengths. Exclusions: Excluded from this price is any cost for layout, utility protection or location, restoration, engineering, excavation, concrete work, obstructions, inspection /testing, permits, or cost of bond. Excessive delays or lost time will be charged at an hourly rate for the crew. Proper access for our equipment and materials must be provided to our work area. 1 ~~~ • • ~~~~ ATLAS FOUNDATION CO. P.O. Box 117 Rogers, MN 55374 (763)428-2261 Fax:(763)428-4754 Website: www.atlasfoundation.com Page 2 Honoring All Veterans Memorial Richfield, MN October 13, 2008 Should you have any questions please contact me at your earliest convenience. This proposal is valid for 30 days. Sincerely, Atlas Foundation. Co. C. Ben Hermanson Project Manager Should you desire to proceed with this project, please sign and date the bottom of this proposal and return it to us. THIS FORMDOES NEED TO BE RETURNED TO US SIGNED & • DATED IN ORDER FOR US TO PROCEED WITH THE WORK. Thank you. Signature Date Terms: Net 30 days. No retainer. Finance charge of 1'/z% per month will be charged on past due accounts. Mechanics Lien rights will be protected. • • AGENDA SECTION: pi1BLIC HEARING AGENDA ITEM # 10 REPORT # 2SO ~~ STAFF REPORT CITY COUNCIL MEETING OCTOBER 28, 2008 C] REPORT PREPARED BY: DEPARTMENT DIlZECTOR REVIEW: REVIEWED BY CITY MANAGER: ~ KAREN BARYON, COMMUNITY DEVELOPMENT MANAGER NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution granting an exception from the development moratorium approved September 11, 2008 to allow consideration of a conditional use permit application at 6301 Penn Avenue. I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Approve a resolution granting an exception from the development moratorium approved September 11, 2008 to allow consideration of a conditional use permit application at 6301 Penn Avenue. II. BACKGROUND Mother Duck Learning Center is currently located at 6341 Penn Avenue and provides day care for up to 32 children. This business has -been located in Richfield for 18 years. The applicants wish to move their business to the currently vacant building at 6301 Penn Avenue where they wish to expand to serve up to 75 children. In order to do so, the applicants must apply for and be granted a conditional use permit (CUP) at this new location. Since late 2007, staff has been working with Hoisington Koegler Group Inc. (HKGi) and the Penn Crossings Advisory Group to develop a Master Revitalization Plan and Design Standards for Penn Avenue between Highway 62 and 68th Street. 102808 - 6301 Penn Ave Request for Moratorium Exception • • The purpose of the. Master Revitalization Plan and Design Standards are to ensure • a cohesive development of the Corridor as reinvestment, revitalization, and redevelopment occur. In an effort to ensure the vision is fully incorporated and is consistent with the Comprehensive Plan, the Penn Crossings Advisory Group recommended and the Council approved aone-year development moratorium for the Corridor in September of this year. The moratorium is in effect until September 1, 2009, pending the adoption of the Master Revitalization Plan ("Plan") and Design Guidelines by the City Council, the acceptance of the City's Comprehensive Plan update by the Metropolitan Council, and the rezoning of the properties along the Penn Corridor to conform to the. Comprehensive Plan. During the moratorium, applications for rezoning, reguiding, subdivision or consolidation, variances, CUPs, -site plan approval, signs, and curb cut changes, will not be accepted. Additionally, the moratorium prohibits the issuance of building permits .for new construction, significant fagade improvements, signs, and for additions exceeding 500 square feet in size. Permits for interior remodeling, .exterior maintenance, minor improvements, and the replacement of the surface area of any sign (as allowed by City Code), provided the dimensions of the sign structure are not enlarged and there are no added electrical components would not be prohibited. • The applicants are requesting an exception from the. moratorium to allow for a CUP, site plan approval, and signs. As part of the exception approval, the applicant has agreed to work with Staff to ensure conformity with Design Guidelines for the Penn Corridor. Staff is recommending an exception from the moratorium be granted to the applicant to allow for the issuance of a CUP, site plan approval, and signage, provided all City Ordinances are met and approval of the aforementioned is granted by the Planning Commission. Staff is also recommending that the Council impose a requirement of the applicant to conform to the Penn Corridor Design Guidelines. III. BASIS OF RECOMMENDATION A. POLICY • The Comprehensive Plan is meant as a guide for directing growth and development in Richfield. • Section 506.03 of Richfield's Zoning Ordinance states as its foremost purpose, "to assist in the implementation of the City's Comprehensive Plan." • Development could occur in this area .that satisfies the minimum requirements of the Zoning Ordinance, but does not meet the intent of the • Comprehensive Plan, or the Penn Corridor Master Plan and Design Guidelines. In order to prevent development that does not meet the intent of the Comprehensive Plan, and may ultimately become legally non-conforming • uses upon a potential change in zoning classification, amoratorium on new construction and major additions is in effect while this planning study is conducted. B. CRITICAL ISSUES • The. applicants state that they have been in the process of organizing this move for over one year. • The applicants first met with staff to discuss their plans on July 22, 2008. • The applicants have signed a purchase agreement to purchase the property at 6301 Penn Avenue contingent upon approval of all necessary permits. • ,All owners of property within the corridor were invited to participate in meetings and open houses regarding the master plan and design guidelines for the Penn Avenue Corridor. • The applicants state that they have invested substantial time and money into this move and that it is vital to the viability of their business. Mother Duck currently operates out of a building located at 6341 Penn Avenue, along the Penn Corridor study area. • Council has indicated a desire to retain existing businesses to the greatest extent feasible, along the Penn Avenue Corridor. • The property at 6301 Penn Avenue is an existing structure that is • currently vacant. The proposed use is compatible with the Master Revitalization Plan and the City's Comprehensive Plan. • The Master Revitalization Plan and Design Guidelines for the Corridor have not been approved by the City Council. The applicant has stated a willingness to comply with the proposed Design .Guidelines for the Corridor. • Allowing this exception is unlikely to negatively impact the overall vision and goals for the Penn Avenue Corridor provided the applicant is required to adhere to the Design Guidelines. C. FINANCIAL • The required special request application fee has been paid. D. LEGAL • Notice of this request was sent to owners and residents of property within 350 feet of the subject property. E. ENVIIZONMENTAL CONSIDERATIONS N/A • • IV. ALTERNATIVE RECOMMENDATION(S~ • .Deny the requested exception with a finding that there is no compelling reason to differentiate this request from any other exception request that may come forward during the moratorium period. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Farhad and Michelle Moin, Mother Duck Learning Center • C • l~~ 1 • RESOLUTION NO. RESOLUTION APPROVING AN .EXCEPTION FROM A DEVELOPMENT MORATORIUM AT 6301 PENN AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of an exception from the development moratorium ordinance approved by the City Council on September 11, 2008 for consideration of a conditional use permit at 6301 Penn Avenue, legally described as: LOTS 1, 2, 22 & 24, RAYS LYNNHURST ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA WHEREAS, the City has fully considered the request for approval of the exception; and WHEREAS, the City Council finds that the proposed exception does not interfere with implementation of the Penn Avenue Master Plan for the following reasons: 1. The proposed use is consistent with the Master Plan and Comprehensive Plan Update; and 2. The applicants are required to conform to the Design Guidelines for the Penn Avenue Corridor. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of • Richfield, Minnesota, grants an exception from the development moratorium ordinance approved on September 11, 2008 to allow consideration of a conditional use permit at the Subject Property legally described above. Adopted by the City Council of the City of Richfield, Minnesota this 28th day of October, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • 102808 - 6301 Penn Ave Request for Moratorium Exception • C~ • J STAFF REPORT CITY COUNCIL MEETING OCTOBER 28, 2008 • • REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: AGENDA SECTION: PR P . ORDIN N AGENDA ITEM # 11 REPORT # 251 TURF ITEM FOR COUNCIL CONSIDERATION: Second 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: Conduct Second Reading and By Motion: • Approve an ordinance amending Subsections 420.20 and 925.01 of the Richfield City Code; relating to maintenance of swimming pools; and, • Approve a resolution authorizing publication of the ordinance by title and summary. 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 1028 Second Reading of Swimming Pool Maintenance Ordinance CORRINE HEINE, CITY ATTORNEY • L' include unused and non-maintained swimming pools among identified public nuisance conditions. • First reading was held on October 14, 2008. 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. • The resolution requires unanimous approval to be effective. • E. ENVIRONMENTAL CONSIDERATIONS • Improperly maintained pools could have adverse environmental impacts. IV. ALTERNATIVE RECOMMENDATION~S~ None. V. ATTACHMENTS • Ordinance. _ • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • • tt-~ 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. fence openings or points of entry into the ool area enclosure .shall must be equipped with gates. .The fence and gates shall must- eat least four feet in height and shall must be constructed a minimum number 11 gauge woven wire mesh corrosion-resistant material or other materials approved, by the building official. All gates shall must be equipped with self- closing, and self-latching devices p ac~ce 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 bottom of the fence and the ground or other surface shall must be not more than four inches. (b) Swimming pools must be maintained in a clean and sanitary ~ {~ No person owning or operating an outdoor swimming pool • shall may use, operate, or allow the use of such swimming, pool unless such 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: Sec. 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 Richfield, Minnesota this 28th day of October, 2008. • e ie oette , ayor ATTEST: ancy i s, ity er 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 obJ'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; • ~~~~ RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. WHEREAS, the City has adopted the above referenced ordinance; and WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of publication of the complete text is not justified; and WHEREAS, the following summary clearly informs the public of the' intent and effect of the ordinance.- NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. AN ORDINANCE AMf NDING SUBSECTIONS 420.20 and 925.01 OF THE RICHFIELD CITY CODE RELATING TO REGULATION OF PRIVATE SWIMMING POOLS On October 28, 2008, the Richfield City Council adopted an ordinance designated as Bill No. ,the title of which is stated above. This summary of the ordinance is pu lished pursuant to Section 3.12. of the Richfield City Charter. .The ordinance- requires that swimming pools be maintained in a clean and sanitary condition and in good repair. The ordinance also clarifies that an unsecured, unused and non-maintained swimming pool that constitutes a • hazard is a public nuisance. Copies bf the ordinance are available for. public inspection in the office of the City Clerk during normal business hours or upon request by calling 612-861-9800 of the Public Safety Department. Nancy Gibbs, City Clerk BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of the ordinance in her office at City Hall for public inspection and to post a full copy of the ordinance in a public place in the City for a period of two weeks. Adopted by the City Council of the City of Richfield, Minnesota this 28th day of October, 2008. e ie oette , ayor ATTEST: ancy i s, ity er - • AGENDA SECTION: RESOLUTIONS AGENDA ITEM # 12 REPORT # 252 ~' STAFF REPORT CITY COUNCIL MEETING OCTOBER 28, 2UU8 REPORT PREPARED BY: .MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NAME, TITLE • • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a conditional use permit allowing day care services for up to 75 children at 6301 Penn Avenue. I. RECOMMENDED ACTION: By Motion: Approve a resolution granting a conditional use permit allowin da care services for u to 75 children at 6301 Penn Avenue. II. BACKGROUND Farhad and Michelle Moin, owners and operators of Mother Duck Learning Center (currently located at 6341 Penn Avenue), are requesting approval of a conditional use permit (CUP) that would allow them to move their business north to the property at 6301 Penn Avenue. This property is currently under a development moratorium while staff and the community work to finalize plans and design guidelines for the Penn Avenue Corridor. Approval of the requested conditional use permit would be contingent upon Council approval of an exception from the moratorium. The property at 6301 Penn Avenue is split between two zoning districts. The property abutting Penn Avenue is zoned General Commercial (C-2), while the property abutting Oliver Avenue is zoned Single-Family Residential (R). In accordance with the Zoning Code, if a lot lies within two separate zoning districts, the provisions of the code that pertain to either zoning district may be applied to.the entire lot or for a distance of 30 feet from-such district boundary line, whichever is less. Given that the area within each district exceeds 30 feet, one set of regulations 102808 - 6301 Penn CUP • cannot be applied to the property in its entirety. The individual regulations of the C- 2 and R Districts shall be applied to the area that lies within the given district boundary. III. BASIS OF RECOMMENDATION A. POLICY Licensed daycare businesses are a permitted use within the C-2 District. Because the opening of this business would constitute a change in use, site plan approval is required. Licensed day care businesses serving more than 12 persons are conditionally permitted in the R District. The findings necessary to issue a CUP (547.09, Subd. 6) are as follows: a) The proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan. This requirement is met. The property is designated as "Regional Commercial/Office" in the current Comprehensive Plan. This is the same designation as their current facility at 6341 Penn Avenue. The draft 2008 Comprehensive Plan designates this area as "Mixed-use." The proposed use is consistent with either designation. b) The proposed use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate • the proposed use. This requirement is met. c) The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. This area is currently under a development moratorium as staff and community members work to complete a redevelopment study. Staff has met with the applicants to discuss the draft Penn Avenue Corridor Design Guidelines. Based on these guidelines, staff and the applicants have worked to incorporate a number of site components that will meet the intent of the draft guidelines. d) The proposed use is or will be in compliance with the penormance standards specified in Section 544 of this code. The existing site is legally nonconforming; however, the proposed changes will bring the property into compliance with performance standards that are possible given the existing conditions. e) The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. This requirement is mef. f) The use will not have undue adverse impacts on the public health, safety, or welfare. This requirement is met. g) There is a public need for such use at the proposed location. This requirement is met. The child care center currently operates within the City; the proposed change allows them to remain in the area. h) The proposed use meets or will meet all the specific conditions set by this • code for the granting of such conditional use permit. This requirement is met, as explained below. • Licensed day care businesses serving more than 12 persons are conditionally • permitted in the R District, as specified in Section 514.07, Subdivision 9 of the Zoning Code. This section of the Zoning Code specifies two requirements, as follows: a) Designated pick-up and drop-off areas shall be located on the site. This requirement is met. b) Outdoor plan areas shall be set back at least 15 feet from any lot line which abuts a residential parcel. This requirement is met. The proposed play area shall be set back 15 feet from. the abutting residential property. In addition to landscaping within this buffer area, a privacy fence shall be installed along the southern property boundary. B. CRITICAL ISSUES • The maximum allowable impervious surface in the C-2 District and for non-residential uses within the R District is 85 percent. The site is currently 100 percent impervious. The landscaping proposed will decrease the impervious surface to 87 percent of the site. • Adequate parking is available on-site. Due to drive aisle requirements, additional parking is not possible along the west side (front) of the building unless the Penn Avenue driveway is relocated. • In order to meet the intent of the Draft Penn Avenue Corridor Design Guidelines, the applicants will add a cover or awning over the front • entrance, include buffer landscaping or fencing in the landscaped area at the northwest corner of the parking lot and agree to comply with signage guidelines. • Final landscape plans must be approved by the Community Development Department. • A dumpster enclosure area.. complying with all relevant zoning and building code regulations shall be constructed at the northeast corner of the building. • Play areas shall be surrounded by fencing for safety.. • Approval is contingent upon Council approval of an exception to the development moratorium currently in place. C. FINANCIAL • The required CUP application fee has -been paid. D. LEGAL • Notice of the public hearing held before the Planning Commission on October 27,2008 was mailed to property owners and occupants within 350 feet of the. subject property. E. ENVIRONMENTAL CONSIDERATIONS . • The .proposed site plan. greatly decreases the paved surface on this site. • IV. ALTERNATIVE RECOMMENDATION(S~ • Recommend denial of the requested conditional use permit with a finding that the requirements necessary are not met. V. ATTACHMENTS • Resolution • Site plan • Zoning and land use maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Farhad & Michelle Moin, owners/applicants • n C ~ a-i RESOLUTION NO. RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT • TO ALLOW DAY CARE SERVICES FOR UP TO 75 CHILDREN AT 6301 PENN AVENUE WHEREAS, an application has been filed with the City of Richfield which requests a conditional use permit for day care facilities serving up to 75 children on land generally . located at 6301 Penn Avenue, legally described as: LOTS 1, 2,.22,.23 & 24, RAY'S LYNNHURST ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA. WHEREAS, the Planning Commission of the City of Richfield has recommended approval of the requested conditional use permit at 6301 Penn Avenue at its October 27, 2008 meeting, and WHEREAS, this requested conditional use permit at 6301 Penn Avenue meets those requirements necessary for issuing a conditional use permit as specified in s Richfield's Zoning Code, Section 547.09,. Subd.6; and ` WHEREAS, the City has fully considered the request for approval of the conditional use permit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A conditional use permit .is issued to allow day care facilities serving up to 75 • children, as described in City Council letter No. , on the Subject Property legally described above. 2. This conditional use permit at 6301 Penn Avenue is subject to the following conditions in addition to those specified in Section 514.07 Subdivision 9 of the City's Zoning Ordinance: • The applicant must be granted an exception to the development moratorium currently in place over this property. • All parking and landscaping areas must be constructed in accordance with the approved plan. • All parking areas must be surrounded by curb and gutter in accordance with standards of the Public Works Department. • Parking areas must be resurfaced and striped in accordance with approved plans. . • Site plans must comply with the landscaping, entry way and signage standards of the Penn Avenue Corridor Design Guidelines that are discussed in City Council Letter No. • Final landscape plans must be submitted to and approved by the Community Development Department prior to installation. • That the recipient of this conditional use permit record this resolution with -the County, pursuant to Minnesota Statutes Section 462.36, Subdivision 1 and Richfield Zoning Code 546.05, Subdivision 7. _ 3. The conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 547.09, Subdivision 8. 102808- 6301 Penn CUP • • l a-- a Adopted by the City Council. of the City of Richfield, Minnesota this 28th day of October, 2008. • e ie oette , ayor ATTEST: ancy i s, ity er • • • • _--- ~ ------~ c _--•- {~~/ N g "`.r~ i.L., T Q G J W ti~ Z. ~ 9.g$. ~ A~ ~ ~ h ~ ~i ~ O ~ ~ © ~ ii^ cry ~ c `~. a a z`~' ` v+~~ ~ p ~ ~ d ~ t \ `~ ~ a ° ° ,_~._..~.----°---.` (j'(}~,\\\~ o n' ^ ~, 1 ~ Ned W Cv'? ~ v o n / ° \~ ~~7~ g6'6l L ~-~ v v ° ^a 9L.00 N ~° ~~ ~~n ° Ot ° °q ~~. ~~~ ltoo~„or ~. ~ :.fi ...: ~ ,o£ zr.oo 1 s Z Z a ~ ° ~.~ ~ r ~ a~" +r""~'3~~ M oc zz.ou s 1 1 4 ~ ~~ $ ~~~dK ~ ~~ m 1 ~~~ ~ ~ ^ ~ 1, ,~ ~ n ~. ~ ~ 1 ; off" ~ ~~~. ~ v no ~ m ~ ~ 1 z4ww', a4i~~ 1 °e a 2'1 ~ ` 1 p ~~~ ~~. 1 Vj ~ <~ m ~ C~~..t 1 ''~ ~ 1 ~~> O~ ~ t ~ ~ ~ V °'to~ • J 1 1 w~°~~ ~ i ~~ 1 ~~ 8Vo a~ ~ ~z 1 ,~J 1 ~~o ~~~a~ !(~, 1 1 . ~. • ~ ~ ~ t~~ ~'I, , l J. ~ X11 ~~_ a 9~ N ° ~ " ~~~ _` N s CYr 1 -1' ~'.co.za.oo t mr• ...- 3 ~ 115109 1 1n~ ~~ :0 / 4 ~ ^ V m °" ~~"~E~~,pO'S 3b50. ~~ of ~'. ~~ ~~~~ " ~~. ( f" ~ ~~ '~ 1 m a w` ~ N ~~: ~ s 1 ~. p ~ 1 ~ . v O~s 4;S 3lOkr p ~ `~ 1 ,2~ 1 ~ a ~ ~ #~N~p7~ S ~ ~ . ~, i sue` ~ ICY. ~q° IN~ ` 1 i -~ I rte... ~,~,. \,~ ~ ~ ~s 1 1 _~., 1 u . °V, `u .t~ ~ ~~~%r;p rr: fit` ..`r,~ls' i I ~~ y S`. . : 09 \ ~: S _' ~ ~vu ~ 9r • d 1500' ~ 1 \\\ ~ mw ~. ~~. ~ 4 ~" r$ m > LCr46`.. M 6£ eZ tlt% ~ '.~ 1 n j9 i a , " E$8 w.._.."""..fin o + ,, ~r B ~'Ep ~ g~.R 1 n ~° v < o<~.ca ~°a ~ . 51~~ Y f$ _ c ,s S g ,a ~ ~ 1 %-- twLtr ZZAO ~ ~ n ° ~ ~ ~ ~ ~ ~ ~a ~'.~ , ' n o~ 5 ,m{fi~ °n ° an o ~~ ~a~ x, ~3~ ~ E°i`Sa n v ° ~ ° v ° ~~ a ° n L 4 ° n ° ~n ae VVV ~~~fff^~~~ n e °'\t ..'111 ~ N3 v3 Y+X~1 E L'~~ a n°~ n° ° >n a ~ ~ ` ~ C uri no v ~ V` I• I• a-y 6301 Penn Ave Conditional Use Permit Application 10/08 Surrounding Zoning H WY 62 R C-2 I R R R R DS I MR-2 R R O ~ 6 3RD S T C-2 R R R C- R R R C-2 R R R W Q R W Q R R C-2 ~ W R a C2 R ~ R R R O R C-2 R R l C-2 LEGEND C-2 -General Commercial -Industrial •' V R -Single Family Residential MR- 2 -Multi Family Residential 0 55 110 220 330 440 Feet • A• I• i a- ~ 6301 Penn Ave Conditional Use Permit Application 10/08 Surrounding Land Use . H WY 62 CHURCH COM IND RES RE RES RES ~G~ COM APT y RES RES tJO~ 6 3RD S T ~.. COM a "COM RES RES C RES RES RES COM RES RES RES W Q RES W Q RES RES z COM ~ W RES RES COM RES J RES COM RES O RES COM RES RES COM COM .~~ LEGEND COM -General Commercial IND -Industrial •'v RES -Single Family Residential APT- Multi-Family Residential 0 55 110 220 330 440 Feet • AGENDA SECTION: RESOLUTIONS AGENDA ITEM # 13 REPORT # 253 ~~ STAFF REPORT CITY COUNCIL MEETING OCTOBER 28, 2UU8 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Adoption of a resolution providing for the sale of $515,000 General Obligation Capital Notes, Series 20086. I. RECOMMENDED ACTION: _ By Motion: Approve the attached resolution providing for the sale of $515,000 General Obli ation Ca ital Notes, Series 20086. II. BACKGROUND • The City first issued G.O. Capital Notes in February 2002 in a response to the new Omnibus tax~laws and state imposed levy limits. Accordingly, the City is issuing G.O. Capital Notes again in 2008 for equipment purchases in 2009. For the past several years the City has funded equipment purchases through its General tax levy. This was done to save the City the cost of issuing bonds. However, with the advent of state imposed levy .limits this option is no longer available:- Therefore, the use capital notes are now part of the budget process and the funding of equipment purchases. These capital notes are short-term borrowing supported by a separate tax levy outside of imposed levy limits. - • III. BASIS OF RECOMMENDATION 10282008 Capital Note Call For Sale • A. POLICY • The issuance of Series 20086 Capital Notes is the third instance of capital notes for the City of Richfield. B. CRITICAL ISSUES • N/A C. FINANCIAL • The Capital Notes will be financed by tax levies in 2009 and 2010. • The tax levy amounts will be an estimated $287,117 in 2009 and $281,873 in 2010. D. LEGAL . • Legal counsel has reviewed the Pre-Sale report and the attached resolution. IV. ALTERNATIVE RECOMMENDATION~S~ • None. V. ATTACHMENTS • • Resolution Providing for the Sale of $515,000 G.O. Capital Notes, Series 20086. Bond Pre-Sale Report VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Rebecca Kurtz, Ehlers & Associates, Inc. 2 131 RESOLUTION NO. RESOLUTION PROVIDING FOR THE SALE OF $515,000 GENERAL OBLIGATION CAPITAL NOTES, SERIES 20086 WHEREAS, the City Council of the City of Richfield, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $515,000 General Obligation Capital Notes, Series 20086 (the "Notes") to finance the acquisition of new equipment consisting primarily of public safety equipment, maintenance equipment, computer equipment and other capital equipment having an expected useful life at least as long as the term of the Notes; and WHEREAS, the City has retained Ehlers & Associates, Inc. in Roseville, Minnesota ("E~lers"), as its independent financial advisor for the Notes and is therefore authorized to solicit proposals in accordance wifh Minnesota Statutes, Section 475; NOW, THEREFORE, BE IT RESOLVED by the City Council of the. City of Richfield, Minnesota, as follows:- 1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Notes. 2. Meeting; Proposal Opening. The City Council shall meet at the time and place to • be specified in the Terms of Proposal for the purpose of considering sealed proposals for, and awarding the sale of the Notes. The City Clerk, or designee, .shall open proposals at the time and place specified in such Terms of Proposal 3. Terms of Proposal., The terms and conditions of the Notes and the sale thereof are fully set forth in the Note Sale Report and are hereby approved and made a part hereof. 4. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in .the preparation of an official statement for the Notes and to execute and deliver it on behalf of the City upon its completion. Adopted by the City Council of the City of Richfield, Minnesota -this 28th day- of October, 2008. Debbie Goettel, Mayor ATTEST: • Nancy Gibbs, City Clerk 3 • f 3 -~~- S City of Richfield, Minnesota Pre-Sale Report October 28, .2008 Proposed Issue: • $9,480,000 General Obligation Capital Improvement Plan Bonds, Series 2008A • $515,000 General Obligation Capital Notes, Series 2008B • $4,550,000 General Obligation Capital Improvement Plan Bonds, Series 2009A Purpose: The proposed $9,480,000 and $4,550,000 General Obligation Capital Improvement Plan Bonds, Series 2008A acid 2009A are being issued pursuant to Minnesota Statutes, Chapters 475.521. They are being issued to help facilitate the development of a new City Hall building for the City of Richfield. The proposed $515,000 General Obligation Capital Notes are being issues pursuant to the Minnesota Statutes, Chapters 410.32, 412.301 and 475. They are being issued to finance the purchase of rolling stock and computer equipment. Term/Call Feature: The proposed $9,480,000 and $4,550,000 General Obligation Capital Improvement Plan Bonds will each • have a 20-year term with the first principal payment in February 2011, and mature in February 2029. Ehlers will have a proposed call date of 2020; however, depending on the market conditions, the call date is subject to change prior to the distribution of the Official Statement. The $515,000 General Obligation Capital Notes will have a 2-year term with the first principal payment in February 2010 and mature in February 2011. The bonds will be non-callable because of the 2-year term. Funding Sources: $9,480,000 General Obligation Capital Improvement Plan Bonds, Series 2008A Par Amount of Bonds Cash from PERA Cash TOTAL SOURCES Debt service will be paid with a tax levy. $515,000 General Obligation Capital Notes, Series 2008B Par Amount of Bonds TOTAL SOURCES $9,480,000 $7,600,000 $1,000,000 $18,080,000 $515,000 $515,000 (3 -- 3 Debt service will be paid with a tax levy. ' $4,550,000 General Obligation Capital Improvement Plan Bonds, Series 2009A Par Amount of Bonds $4,550,000 TOTAL SOURCES $4,550,000 Debt service will be paid with a tax levy. Discussion Issues: Following is a summary of key factors in the finance plan: • Issuing two G.O. Capital Improvement Plan bond issues and closing in 2008 and 2009 will allow the City to have both issues "Bank Qualified." If the City issues $10,000,000 or less in a calendar year, the debt can be "Bank Qualified," and bank qualified debt most likely will provide lower interest rates. • The Bonds will be global book entry with a bankdesignated as the paying agent. As "paperless" bonds, you will avoid the costs of bond printing and annual registrar charges. The Paying Agent will invoice you for the interest semi-annually and on an annual basis for the principal coming due. You will be charged only for paying agent/transfer agent services provided by the bank. • Bidders on this issue may submit a bid, which contains a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption. If the purchaser of the Bonds designates certain of the maturities as Term Bonds, subject to a mandatory call, the City will be responsible for providing a Notice of Call to holders of the Bonds at least 45 days prior to the call date. Allowing potential purchasers the term bond option results in increased bidder interest in this issue and,possible lower interest rates. • Moody's Investors Service will be asked to rate this issue. Thee City currently has an "Aa3" rating on its outstanding general obligation bonds. • Because the aggregate amount of this issue is over $1,000,000 and the City has more than $10,000,000 in total municipal obligations outstanding, you will be obligated to comply with Full Continuing Disclosure requirements as required by paragraph (b)(5) of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934. You will be required to provide certain financial information and operating data relating to the City annually and to provide notices of the occurrence of certain material events. The specific nature of the Undertaking, as well as the information to be contained in the notices of material events will be set forth in the Continuing Disclosure Undertaking that you will enter into at the time of closing for this issue. • • 13-'~ • Schedule: City calls for Bond Sale for 2008 and 2009 issues: October 28, 2008 Official. Statement for 2008. issues is distributed: November 12, 2008 Rating Call with Moody's for 2008 and 2009 issues: Week of November 17, 2008 Bond Sale for 2008 issues: November 25, 2008 Official Statement for 2009 issue is distributed:. November 26,.2008 Special City Council Meeting for Bond Sale for 2009 issue: December 10, 2008 Closing Date for 2008 issues: Prior to December 31, 2008 Closing Date for 2009 issue: After January 5, 2009 Attachments: Sources and Uses of Funds Proposed Debt Service Schedule Ehlers Contacts: Financial Advisors: Rebecca Kurtz: (651) 697-8516. Jonathan North (651) 697-8545 Bond Analysts: Diana Lockard (65.1) 697-8534 • Debbie Holmes (651) 697-8536 Bond Sale Coordinator: Connie Kuck (65.1) 697-8527 The Official Statement for this financing will be mailed to the Council Members at their home address for review prior to the sale date. • • • • Richfield, MN $515,000 G.O. Capital Notes, Series 2008 2 Year Term Debt Service Schedule Date Principal. Coupon Interest Total P+I 02/01/2009 - - - - 08/01/2009 - - 10,267.31 10,267.31 02/01/2010 255,000.00 3.100% 8,177.50 263,177.50 08/01/2010 - - 4,225.00 4,225.00 02/01/2011 260,000.00 3.250% 4 225.00 264,225.00 Total $515,000.00 - $26,894.81 $541,894.81 Yield Statistics Bond Year Dollars _ $840.81 _ -- _. _ __ Average Life - _ --- 1.633 Yeazs _. _- Average Coupon. _ _ _ 3.1986956% _. Net Interest Cost (NIC) 3.5662003% True Interest Cost (TIC) - _ __ 3.5779001% __ Bond Yield for Arbitrage Purposes _ 3.1956400% All Inclusive Cost (AIC) -- 5.0939431% _. IRS Form 8038 Net.Interest Cost 3.1986956% Weighted Average Maturity 1.633 Yeazs Ser 08 Equip Cert 498k ~ SINGLE PURPOSE ~ 10/21/2008 ~ 1:08 PM • • n U AGENDA. SECTION: AGENDA ITEM # REPORT # STAFF REPORT r CITY COUNCIL MEETING OCTOBER 28, 2008 RESOLUTIONS 14 254 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRIS REGIS, FINANCE MANAGER NAME, 717ZE ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution providing #or the sale of $9,480,000 Series 2008A and $4,550,000 Series 2009A General Obli ation Ca ital Im rovement Bonds. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution providing for the sale of $9,480,000- Series 2008A and $4,550,000 Series 2009A General Obligation Capital Improvement Bonds. C7 II. BACKGROUND • In 2004, the City Council appointed a citizen taskforce (CHAT I) to research the . feasibility of remodeling the existing facility versus building a new one. After thorough analysis and research, the CHAT I group determined that building a new facility was .the best option. Lack of space, technology challenges, significant maintenance costs, and failure to meet ADA regulations were a few of the reasons the group cited for recommending a new facility. • In .August 2005, the City Council appointed a second citizen taskforce (CHAT II). CHAT II was charged with determining site location, developing preliminary site plans, and analyzing feasibility. • CHAT II explored numerous sites and determined that the site of the current Police/Fire/City Hall facility at 6700 Portland Avenue was the optimum site upon which to build the new facility. • During the fall of 2008, preliminary design and cost estimates were completed and two open houses were held in December. The feedback received at the open houses was shared with the Council during a workession on December 11, 2007. 1028 Capital Improvement Bonds (2) • • During its annual goal-setting session in January 2008, the City Council discussed the new Police/Fire/City Hall project and incorporated it as one of the City's 2008 capital projects. • Two additional public open houses were held on May 1 and 3, 2008 to provide more opportunity for public feedback on the project. • At the May 13, 2008 City Council meeting, the Council approved the first reading of the transitory ordinance authorizing the planning, design and construction of a new Police/Fire/City Hall facility. • At the June 10, 2008 City Council meeting, the Council conducted a public hearing and approved the second reading of the transitory ordinance authorizing the planning, design, and construction of a new Police/Fire/City Hall facility: • At the June 24, 2008, the City Council conducted a public hearing and approved the five-year Capital Improvement Budget and Plan prepared in compliance with Minnesota Statutes 475.521.. • Accordingly, staff has been working to determine funding for the construction of a new Police/Fire/City Hall Facility, estimated to cost $22,250,000. It is proposed that funding for the project will come from the combination of the. issuance of Capital Improvement Bonds issued under State.Statute 475.521 and internal sources. The total maximum amount of bonds authorized to be issued, over a two year period is $22,750,000. • Consequently, staff recommends the issuance of-.two series of G.O. Capital Improvement Bonds, one series of bonds to be issued in 2008 and one series of bonds to be issued in 2009. Both series of bonds will be sold in 2008, however, the 2009 issue will close in January of 2009. In order to issue bank-qualified bonds, which generally provide more favor"able interest rates, the sale of the 2008 series of bonds and 2009 series of bonds must be separated by 15 days. By separating the sales by 15 days, both. series of bonds will be treated as separate bond issues for tax purposes. Therefore, the 2008 series sale will be brought before Council for approval on November 25, 2008 and the 2009 series, in order to comply with the legal timing requirements, vvill be brought before Council at a special City Council meeting on December 10, 2008. III. BASIS OF RECOMMENDATION A. POLICY • The new Police/Fire/City Hall Facility is included in the City's 2008 Capital Improvement Budget and 2009-2012 Capital Improvement Plan.. . • At the June 24, 2008, the City Council approved the five-year Capital Improvement Budget and Plan prepared in compliance with Minnesota Statutes 475.521. • Preliminary approval was also granted to issue capital improvement bonds for the new Police/Fire/City Hall Facility at the June 24, 2008 City Council meeting. B. CRITICAL ISSUES • The issuance of the G.O. Capital Improvement-Bonds is an important piece of the financing of the new Police/Fire/City Hall Facility. • • In order to meet the legal timing requirements for the sale and issuance of the 2009A G.O. Capital Improvement Bonds a special City Council meeting will be necessary on December 1.0, 2008 at 6:00 p.m. C. ~ FINANCIAL • The estimated total cost of the new Police/Fire/City Hall is estimated to be $22,250,000. • Funding for the project will. be a combination of internal sources and the issuance of the capital improvement bonds. Sources and uses of the project are as follows: • Sources Bond Proceeds $13,650,000. PERA Pension Refund 7,600,000 Cash on Hand 1,000,000 Total $22,250,000 Uses t Construction Costs $21,650,000 Site Acquisition 600,000. Total $22,250,000 • The Par amount of the bonds to be issued is $14,030,000. • Net proceeds to be .used for the project, after underwriter's discount, 'costs of issuance, and capitalized interest will be $13,650,000. • The estimated annual tax levy for the bond issues, has been • structured to start at a lower amount in year one and then increase in years two and three, .and then level off to an average of $1,239,232 in years four through twenty. • Accordingly, the estimated annual increases in taxes due to the issuance of these bonds for a residential property valued at $250,000 will be approximately $48.57 in year one, an .additional $25.62 in year two, and an additional $16.48 in year three. for a total increase after year three of $90.67. D. LEGAL • ~ Legal Counsel has reviewed the Pre-Sale report and the attached resolution. • .The sale of the two series of bonds, 2008 and 2009, must be separated by a minimum of 15 days in order for the two bonds to be considered legally separate issues for tax purposes. IV. ALTERNATIVE RECOMMENDATION(S~ • None. . V. ATTACHMENTS • A Resolution Providing for the Sale of $9,480,000 Series 2008A and $4,550,000 Series 2009A G.O. Capital Improvement Bonds. • Bond Pre-Sale Report. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Rebecca Kurtz, Ehlers & Associates, Inc. • ~ y-~ RESOLUTION NO. • .RESOLUTION PROVIDING FOR THE SALE OF $9,480,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS, SERIES 2008A AND $4,550,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS, SERIES 2009A WHEREAS, the City Council of the City of Richfield, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $9,480,000 General Obligation Capital Improvement- Bonds, Series 2008A (the "Series 2008A Bonds") and $4,550,000 General Obligation Capital Improvement Bonds, Series 2009A, (the "Series 2009A Bonds," and collectively with the Series 2008A Bonds, the "Bonds") to finance the construction of a new Police/Fire/City Hall Facility; and WHEREAS, the City has retained Ehlers & Associates, Inc.- in Minneapolis, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. Previous Action. On June 24, 2008, the City Council held a public hearing and adopted a resolution which approved the City's Capital. Improvement Budget and Plan for years 2008 through 2012 and provided preliminary approval to the issuance of bonds thereunder. 2. Authorization; Findings. .The City Council hereby authorizes Ehlers to solicit - proposals for the sale of the Bonds. 3. Meeting; Proposal Opening. The City Council shall meet at 7:00 p.m. on November 25, 2008 for the purpose of considering sealed proposals for and awarding the sale of the Series 2008A Bonds. The City Council shall meet at 6:00 p.m. on December 10, 2008 for the purpose of considering sealed proposals for and awarding the sale of the Series 2009A Bonds. 4. Terms of Proposal. The terms and conditions of the Bonds and the sale thereof are fully set forth in the Bond Sale Report and are hereby approved and made a part hereof. 5. Official Statement. In connection-with said -sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of one or more official statements for the Bonds and to execute and deliver them on behalf of the City upon its completion. Adopted by the City. Council of the -City of Richfield, _ Minnesota this 28th day of October, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • ~~-a City of Richfield, Minnesota Pre-Sale Report October 28, 2008 Proposed Issue: • $9,480,000 General Obligation Capital Improvement Plan Bonds, Series 2008A • $515,000 General Obligation Capital Notes,: Series 2008B • $4,550,000 General Obligation Capital Improvement Plan Bonds, Series 2009A Purpose: The proposed $9,480,000 and $4,550,000 General Obligation Capital Improvement Plan Bonds, Series 2008A and 2009A are being issued pursuant to Minnesota Statutes, Chapters 475.521. They are being issued to help facilitate the development of a new City Hall building for the City of Richfield. The proposed $515,000 General Obligation Capital Notes are being issues pursuant to the Minnesota Statutes, Chapters 410.32, 412.301 and 475. They are being issued to finance the purchase of rolling stock and computer equipment. Term/Call Feature: The proposed. $9,480,000 and $4,550,000 General Obligation Capital Improvement Plan Bonds will each • have a 20-year term with the first principal payment in February 2011, and mature in February 2029. Ehlers will have a proposed call date of 2020; however, depending on the market conditions, the call date is subject to change prior to the distribution of the Official Statement. The $S i 5,000 General Obligation Capital Notes will have a 2-year term with the first principal payment in February 2010 and mature in February 2011. The bonds will be non-callable because of the 2-year term. Funding Sources: $9,480,000 General Obligation Capital Improvement Plan Bonds, Series 2008A Par Amount of Bonds Cash from PERA Cash TOTAL SOURCES Debt service will be paid with a tax levy. $515,000 General Obligation Capital Notes, Series 2008B • Par Amount of Bonds TOTAL SOURCES $9,480,000 $7,600,000 $1,000,000 $18,080,000 $515,000 $515,000 • ~ ~-3 Debt service will be paid with a tax levy. $4,550,000 General Obligation Capital Improvement Plan Bonds, Series 2009A Par Amount of Bonds $4,550,000 TOTAL SOURCES $4,550,000 Debt service will be paid with a tax levy. Discussion Issues: Following is a summary of key factors in the finance plan: • Issuing two G.O: Capital Improvement Plan bond issues and closing in 2008 and 2009 will allow the City to have both issues "Bank Qualified." If the City issues $10,000,000 or less in a calendar year, the debt can be "Bank. Qualified," and bank qualified debt most likely will provide lower interest rates. • The Bonds will be global book entry with a bank designated as the paying agent. As "paperless" bonds, you will avoid the costs of bond printing and annual registrar charges. The Paying Agent will invoice you for the interest semi-annually and on an annual basis for the principal coming due. ,You will be charged only for paying agent/transfer agent services provided by the bank. • Bidders on this issue .may submit a bid, .which contains a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption. If the purchaser of the Bonds designates certain of the maturities as Term Bonds, subject to a mandatory call, the City will be responsible for providing a Notice of Call to holders of the Bonds at least 45 days prior to the call date. Allowing potential purchasers the term bond option results in increased bidder interest in this issue and possible lower interest rates. • Moody's Investors Service will be asked to .rate this issue. The. City currently has an "Aa3" rating on its outstanding general obligation bonds. • Because the aggregate amount of this issue is .over $1,000,000 and the .City has more than $10,000,000 in total municipal obligations outstanding, you will be obligated to comply with Full Continuing Disclosure requirements as required by paragraph (b)(5) of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934. You will be required to provide certain fnancial information and operating data relating to the City annually and to provide notices of the occurrence of certain material events. The specific nature of the Undertaking, as well as the information to be contained in the notices of material events will be set forth in the Continuing Disclosure Undertaking that you will enter into at the time of closing for this issue. • • • • City calls for Bond Sale for 2008 and 2009 issues: October 28, 2008 Official Statement for 2008 issues is distributed: 'November 12, 2008 Rating Call with Moody's for 2008 and 2009 issues: Week of November.l7, 2008 Bond Sale for 2008 issues: November 25, 2008 Official Statement for 2009 issue is distributed: November 26, 2008 Special City Council Meeting for Bond Sale for 2009 issue: December 10, 2008 Closing Date for 2008 issues: Prior to December 31, 2008 Closing Date for 2009 issue: After January 5, 2009 r ~- ~ Schedule: Attachments: Sources and Uses of Funds Proposed Debt Service Sche dule Ehlers Contacts: Financial Advisors: Rebecca Kurtz (651) 697-8516 Jonathan North (651) 697-8545 Bond Analysts: Diana Lockard (651) 697-8534 Debbie Holmes (651) 697-8536 Bond Sale Coordinator: .Connie Kuck (651) 697-8527 The Official Statement for this financing will be mailed to the Council Members at their home address for review prior to the sale date. • • C a C O .N 3 N ti ti O N O O O ' O ~ ~ O O OD O W O O ~ IO/f ~ tmq CO'1 M PO'f r 110 C ~ ~ a ~ N e 'n a v v v e 01 O N ~ ~a y C O fn ~ 9 C7 w .-. ~ o LL 'o a „ c N LL U LL N U y ~ = g . o , ~ ~ h C ` O 7 d ` R y ` d V C N ~ y+ y O y N S C ~ + C Q' O C NU y - 1 ro `m ~:° d ~ m t ~ C a ~ C H O O a a' C y ~ O O O C O C !' 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N 10 0 0 0 0 0 ~N N N N N N 0 0 0 0 0 0 N N N N N N 0 0 0 0 0 0 N N N N N N 0 0 0 0 0 0 N N N N N N O O O~ O O O O O O O i0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m 010 O N O lt) O~ O llO O. M O N O U1 O N O~ O N O m 0 1f1 O 171 O~ O m 0 r(V NM fM V a}ul lci m im l~rOO W O i O)O'O~~N NMCMVVUi uimmrh m~ n ~ M M `~ M O O n m rn rn h M 01 O P O O1 O r M M `~ M O O 0 ~ !n W 1h M 01 01 A W O O 0 0 m °v ~ ~ O O N n M M ~ ~ n ~ :O (n0 100 100 `h MNN h ti N D m O O h M N N A O O O h M N N 0 0 M V ~ ~ 0 00 O O N ~ n r~ aD m Y N N b N m n m V N N N N n o ~ a7rnrn C • AGENDA SECTION: AGENDA ITEM # REPORT # ~~' STAFF REPORT CITY COUNCIL MEETING • OCTOBER 28, 2008 OTHER BIISINESS 15 255 REPORT PREPARED BY: REVIEWED BY CITY MANAGER: - i NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Accept or reject the recommendation of the City Hall Task Force (CHAT III) against using Orfield Laboratories Inc. to implement performance standards for the new Police/Fire/City Hall facilit . RECOMMENDED ACTION: By Motion: Accept or reject the recommendation of the City Hall Task Force (CHAT III) against using the services of Orfield Laboratories Inc. to implement performance standards for the new Police/Fire/City Hall facility. • IL BACKGROUND Members of the City Hall Task Force (CHAT III) and Richfield City Council met on October 16 to discuss whether or not to incorporate performance standards into the design of the new Police/Fire/City Hall facility as proposed by.Steve Orfield of Orfield Laboratories. After significant discussion, the CHAT III members voted 3=8 on a motion to use Orfield Laboratories to develop performance- standards, provide consulting oversight, and conduct commissioning after construction to ensure the standards were met. According to Orfield, the cost for those particular services. would be .$152,500. The. task force vote effectively recommends against implementing performance standards to the extent offered by OrField Laboratories. Basic building standards, including LEED standards, would still be followed under the City's agreement with Wold Architects. III. BASIS OF RECOMMENDATION A. POLICY PAM DMYTRENKO ASSISTANT TO THE CITY MANAGER 102808perF stds • The City Hall Task Force has been assembled by the City Council to .serve as a citizen advisory body to the City Council on matters related to the new Police/Fire/City Hall project. The City Council mayor may not follow the recommendations of the task force. B. .CRITICAL ISSUES • All authorizations for the construction of a new City Hall have been issued by the City Council In order to keep the process moving forward in a timely manner, it will be necessary to make a decision about whether to incorporate performance standards, as offered by - Or•field Laboratories Inc., at the October 28, 2008 City Council meeting. . C. FINANCIAL • According to a preliminary fee report submitted by Steve OrFeld, the total cost for developing building performance standards ($27,500), providing building performance consulting ($100,000) and performing commissioning ($25,000) is $152,500. These services would be paid for out of the project contingency fund; depleting the contingency by the associated amount. D. LEGAL • None E. ENVIRONMENTAL CONSIDERATIONS • The performance standards offered by Orfield Laboratories are more associated with human comfort factors than environmental. However, Wold Architects intends to use the Leadership in Energy & Environmental Design (LEED) strategies throughout the design and construction processes which will have significant and positive environmental ramifications. IV. ALTERNATIVE RECOMMENDATION~S~ • None V. ATTACHMENTS • ~ Orfield Laboratories Report, dated October. 3, 2008. - VI. PRINCII'AL PARTIES EXPECTED AT MEETING • Chat III Chairperson, Rick Jabs • • r October 3, 2008 • • Or~ield Laboratories Inc i L~/o 0 ~~f 9~f~ ~~ ~~~~~ ~f~ CLIENT City Manager -Steve Devich ~~ Project Lead -Rick Jabs ``~ Wold Architects -Mike Cox ~~ Orfield Labs -Steve Orfield & ~'~~ Wes Chapman 13~Ig~~ A~o~stc ~~~h e / L~~d~y $~~~~ o,~ PROJECT Building Performance Studies Occupancy Research Orfield Labs PREPARED BY Steven J. Orfield Orfield Laboratories, Inc. 2709 East 25"' Street Minneapolis MN 55406 Voice: (612) 721-2455 Fax: (612) 721-245 City of Richfield representatives, Rick Jabs and Steve Devich, as well as Wold representative Mike Cox, are meeting with Orfield Labs at the City Hall to follow on from a meeting between Orfield Labs and Wold. The discussion today relates to working together to insure building performance and occupancy quality, via the use of,design research methods and practices. These methods and practices are not used by any architectural firm in the U.S. Thus, design consulting and building performance consulting, both 35- year old scientific practices, are a supplemental service as part of the design process. Information from our prior memo to the City Council is included as background. • • Project Building Performance Studies ~ggpt The Open Plan Working Group INTRODUCTION Orfield Labs and Wold met a week ago to discuss the interface between the two firms, and perception by some that there is a conflict between our potential efforts. Steve Orfield and Mike Cox discussed our work on Mn/DOT, when we were the owner's technical consultant, and our type of design consulting in general. Steve confirmed that his comments to Richfield about architecture not practicing in these areas were not focused on Wold, but on architecture in general. Having managed the only national office research organization, OPWG, for the past 10 years, Orfield Labs has a Design Advisory Council made up of over half the top 20 office architects in the U.S. None of them practice. in our areas. This is why they joined our group: DEGW DLR Group Gensler GSA Hillier Group Leo Daly Mancini Duffy NBBJ Perkins + Will RTKL Shashi Caan Collorabative SOM Studios Architecture So today we are discussing the range of involvement by Orfield Labs on the Richfield project; the following information was forwarded to Richfield this week. Orti{etd Lataoratorias inc ts- a • • • ~~» '~ ' prpjg~; Building Performance Studies ~ggpt The Open Plan Working Group Or~~d Laborator[8s !nc 15-3 FEE RANGES FOR RICHFIELD PROJECT-TYPICAL RANGE & MINIMUM (This is a listing of a series of options suggested for Richfield) 1. Building Performance Standards (CBPS) - 27 500 Minimum $27,500 2. Building Performance Consulting (Lighting, Acoustics, Masking, Daylighting, Thermal and IAQ standards) -1 % of project or less (Range $100.000-$200.000) this range depends of whether full consulting in each field is desired or support consulting to the design team is desired. (i.e., full lighting design vs. assistance with fixture selection, testing and photometric evaluation) Minimum $100,00) 3. Full Occupancy Quality Consulting - 1 % of project or less -CBPM Occupancy Report - 25 000 each for pre, post and late post ($75,000 total), plus design consulting via visual juries and analysis (4 juries at ' $25,000 each - $100,000) Pre and Post Occupancy Study (CBPM) (2) Minimum $50,000 Visual Juries (2) Minimum $50,000 4. Performance Commissioning -+/- $25,000 Minimum $25,000 5. Council Chambers AV Design ($500,000 System) Minimum $50,000 6. Council Chamber Acoustics Minimum $25,000 7. Council Chamber Lighting Minimum $25,000 . CURRENT STATUS At the meeting in March, there was strong support for moving ahead with the application of our standards and protecting the quality of the building. Subsequently, representatives of Richfield contacted our references and were provided with positive responses from those with whom they spoke. The benefits of this type of consulting were confirmed to be very positive by all contacted clients, including: - The Minnesota Department of Transportation - Think Bank - Olmsted County Human Services - Maple Grove City Hall The building has now been authorized by the City Council, but there is now some hesitation to move forward with this consulting, and so I contacted Rick Jabs to confirm this and to request another meeting with the committee. This contact resulted in our meeting with Wold and in our meeting today. • • • • LJ PruieCt Building Performance Studies -- C~Brt1 The Open Plan Working Group THE "DESIGN" OF ARCHITECTURE VS BUILDING PERFORMANCE When a new building is built, or a building is renovated, there are often complaints about occupant comfort and satisfaction. Building performance, a 35-year old science focuses on occupant comfort in these areas: Acoustics Daylighting Lighting Thermal Comfort Indoor Air Quality A lack of building performance requirements are what causes about 90% of occupant complaints, and it is hardly ever systematically considered on architectural projects, because architects and engineers are not comprehensively trained on building performance. Thus, it is correct to assume that most new buildings open with a full set of building performance problems. This area of problems can be dramatically reduced by having building performance standards and consulting which will maintain the projects' focus on providing highly supportive work spaces over those that have a particular aesthetic but at the cost typically of the above 5 concerns. Our Mn/DOT headquarters project was done this way with Wold Architects, and it made a very substantial impact on the design and performance of the building. With some assistance, the standards were all met over a period of months, and the required resolutions cost Mn/DOT nothing, as performance had been guaranteed by the Orfield CBPS standards. THE VISUAL NATURE OF ARCHITECTURE -OCCUPANCY /DESIGN RESEARCH In addition to building performance problems, occupants often find that a new building does not suit their needs and preferences. This is generally due to the fact that there is no occupancy or design research on the project. In lieu of actually testing the occupants using proven measurement methods, opinions are typically gathered and no predictable occupant responses are ever gathered. (Occupant opinions are not reliable as predictors of occupant responses). This failure to define the project needs in terms of the occupants can be remedied via the use of scientifically validated occupancy studies. These studies include measurement of the population and measurement of the existing building beyond that of typical programming of space requirements. This approach provides baselines for both satisfaction and real building performance, so that the new building can be tested to prove that it has improved significantly over the existing building. For public organizations this is particularly important to track so as to be able to prove value to a constituency. Etrfieltt faboratflrles fnc l~ P~ • • • • • C~ ppglg~t Building Performance Studies Gent The Open Plan Working Group SCIENCE AND ARCHITECTURE -THE OPEN PLAN WORKING GROUP Over 10 years ago, Orfield Labs founded the Open Plan Working Group in order to support design and research into building performance and occupancy research. Companies such as Herman Miller, Haworth, Lutron, Hunter-Douglas, Armstrong, Day-Brite Lighting and many others have underwritten the OPWG. Firms such as these have attended OPWG meetings: 3M Dow Corning ADC Telecommunications EBay Amazon.com - Fingerhut American Express Financial Corp. Harley Davidson Arthur Anderson Consulting MCI Call Centers Blue Cross Medtronic Boeing Microsoft Cargill Qwest Cuna Mutual Group Thrivent Damark International United Properties Deluxe Corp. West Group THE OPEN PLAN WORKING GROUP Many research and design projects have resulted from OPWG activities. As the only workplace research group in the U.S., we have had 18 international meetings at Orfield Labs, and we have developed a series of design and measurement tools that are the most advanced tools available in the U.S. These processes and tools are being offered to Richfield in order to insure that their new building performs negates the majority of user complaints by establishing far higher expectations than will otherwise occur by simply utilizing the building code. CERTIFIED BUILDING PERFORMANCE MEASUREMENT (CBPM) Pre and Post Occupancy Studies, when combined with a design hypothesis and performance goals, can serve to verify success and failure of specific design strategy. These studies must include physical measurement of building performance variables, including daylighting, lighting, acoustics, thermal environment and indoor air quality. They must also include the use of subjective survey instruments, which intend to assess occupant satisfaction with the work task, the work environment, the organization and the compensation structure of the job under evaluation. One of the major problems of even well done occupancy studies is the failure of standardization of either objective or subjective information (data gathering). On the objective side, there are no standardized measurement systems, which can accommodate the needed set of multi-modal measurements. Orfield Labs has developed one for this purpose. On the subjective side, most surveys are not comparable to each other and thus cannot be combined into data base programs. Orfield Labs has developed a broadly based program of occupancy surveys. C~rffetd t_abgratorias !ne C5° ~ • • • • C Prolgct Building Performance Studies E... ......... _..._ ..... ............... .. ............... ....... ......_. Gent The Open Plan Working Group VISUAL QUALITY RESEARCH /PERCEPTUAL OCCUPANT PROGRAMMINGT"'' :Visual Quality jury testing is undertaken in the schematic and design ;development phases to predict the response of occupants to the design alternatives that are being offered by the design team. Normally, the occupants are invited into. a programming discussion, and opinions are 'requested. Opinions are an unreliable indicator of future response, but POP 'measurement is an extremely reliable indicator of future response to the ;proposed environment. The occupants will be tested on these types of issues: 1. The overall building interior concepts 2. The interior workstation concepts 3. The public area and facade design concepts This testing, which can include the public in part three to insure that the building will provide a solution that appeals to the public Orflsld Laboratories Inc /5~(~ • I ~'-'7 • • Ortield Laboratories Inc Design 9 A~o~Srlc esearc s br e i Ub~a}/o~fjn~ i ~S'o~ /~i 9,~~~ 9 '9r ~~m ~~G 'm i d~ Nr, s m~ o~ Occupancy Study & Building Performance Reference Jury Study Reference • n • LJ • Occupancy Studies & Building Performance Orfieid Labs started working in the area of building performance in 1970 in the open plan office, and the fim~ has applied the process and assessment to many architectural projects since that time. The firm has been involved with occupancy studies for about 15 years. The concepts for our occupancy studies were based on a pairing of practices in building performance, psychological quantitative subjective measurement-and market research quantitative subjective measurement. Steven Orfield of Orfield tabs has published many articles on objective measurement and subjective testing, 1. Minnesota Department of Transportation, St. Paul, MN Pre-occupancy studies, post occupancy studies and technical building perfom~ance standards for an eight floor headquarters renovation of the MNlDot Central Office 8usldsng. Orfield Labs was a direct consultant to the State of Minnesota setting standards and working with the inside facilities staff and the outside design team. 2. Skyline Display -Burnsville, MN Pre-occupancy studies, and technical building performance standards for a 250,000 square foot new headquarters for the nation's larges# display company. Orfieki Labs was a direct consultant to Skyline Displays setting standards and working with the inside facilities staff and the outside design team. 3. GSA -- Adaptable Workplace Lab -Washington, D.C. Pre-occupancy studies for GSA's new Washington D.C. Adaptable Workplace Lab as well as currently scheduled post occupancy studies and special research development related to occupancy measurement. Orfield Labs was a direct consultant to Mr. Michael Atkinson of the GSA. 4. GSA -Integrated Workplace Lab -Pittsburgh, PA Pre-occupancy and post occupancy studies for GSA's new Pittsburgh, PA, integrated Workplace Lab as well as technical design of daylighting, sighting, acoustics, Masking and dynamic environmental controls. Orfieki Labs was a dsrect consultant to KSBA Architects, a member of the OPWG Design Advisory Council. 5. GSA Moorhead Federal Building -Pittsburgh, PA Pre-occupancy and post occupancy studies for GSA's new Pittsburgh, PA, Moorhead s=ederal Building 400,000 square foot renovation. Technical design of daylighting, lighting, acous~cs, Masking and dynamic environmental controls is pending. O~eki Labs was a dsrect consultant to KSBA Architects, a member of the OPWG Design Advisory Council. o-riew t.~~~~t«;~ ~~ ~S- ~ • • Qccupancy Studies Building Performance B. Convergys Corporation Call Center - Ft. i_auderdale, FL Technical design of daylighting, lighting, acoustics, masking and dynamic environmental controls fora 700,000 square foot call center for the nation's largest cal[ center provider. Orf'ieid lambs was a direct consultant to KSBA Architects, a member of the OPWG Design Advisory Council. 7. American Water Works -Alton, IL Technical design of daylighting, lighting, acoustics, masking and dynamic environmental controls fora 40,000 square foot call center for the nation's largest call center provider. In addition OL provided legal acoustical consulting on environmental noise issues. 8. Adelphia -Buffalo, NY Technical design of daylighting, lighting, acoustics, masking and dynamic environmental controls fora 40,000 square foot call center for the nation's largest cal[ center provider.. 9. ADC Telecommunications -Minneapolis, MN Technical design of a 350,000 Square foot masking for the new Headquarters complex of ADC. 10. IBM Mid America Credit Union -Rochester, MN Technical design of a 110,000 Square foot headquarters building with regard to daylighting, lighting, acoustics, sound masking and workstation performance. • Orfie/ld Laboratories Ix `~-~ • • Jury Study References Qnleld Labs developed the concept of perceptual market research in 1990, and the #irm has applied the concept, #o many product development industries and held many seminars since that time. The concept was based on a pairing of practices in analytical measurement, psychological quantitative subjective measurement and market research quantitative subjective measurement. Steven Qrfield of C?rfieid Labs has published many articles on this subject. 1. ASID NYC -Invited Lecture (Ron Raetzman, Jay Brand, PhD and Steve Clrfield) - "Design in the next Millennium" Application of the first national presentation on perceptual market research as applied to architecture. This presentation included an open plan jury administered to over. 70 facilities and design professionals and provided continuing validation forthis process. This jury was repeated twice more with two other corporate juries. 2, AIA -IOWA -Invited Lecture (Steve Orfield and i=red Hewitt, Phd} "Perceptual Market Research in the Urban Commercial Environment" Application of the first regional presentation on perceptual market research as applied to urban design. This presentation included an urban design Jury administered to over 90 facilities and design professionals and provided continuing validation for this process. • 3, GSA Integrated Workplace -Pittsburgh, PA f=irst GSA funded jury research on the unconscious response of occupants to simulated potential environments 4. Harley Davidson Motorcycles Application of one of the first national studies on perceptual market research as applied to characterization of the associative value of sound quality in motorcycles. 5. Black & Decker Application of one of the first national studies on perceptual market research as applied to characterization of the associative value of sound quality in tools. 6. Whirlpool, Maytag, GE Application of one of the first national studies on perceptual market research as applied to characterization of the associative value of sound quality in appliances. 7. GN Netcom -Denmark Application of perceptual market research as applied to characterization of the associative value of sound quality, visually inferred quality and in-use human factors quality of call center headsets forthe world's largest manufacturer of this product range. • orfietd L.aboratores inc /5--to • • Jury Study References 8. Perceptual Market Research Education Orfieid i.,abs founded the Sound Quality Working Group in 1991 and has taught Many of the Fortune 5Q0 have attended SQWG seminars. industries include: automotive, motarcycie, appliance, taois, heavy equipment, consumer products, aircraft, boa#ing, etc. kmong our attendees has been Gansumer's Union, who we fiave supported in their efforts to perform better subjective testing. • • Orrteld Laboratories lnc 15- l'I • • AGENDA SECTION: AGENDA ITEM # REPORT # ~~- STAFF REPORT CITY COUNCIL MEETING OCTOBER 28, 2008 OTHER BIISINESS 16 256 REPORT PREPARED BY: DEPARTMENT DIlZECTOR REVIEW: REVIEWED BY CITY MANAGER: KAREN BARYON, COMMUNITY DEVELOPMENT MANAGER II NAME, TITLE d TURF ITEM FOR COUNCIL CONSIDERATION: Consideration of the Penn Avenue Master Revitalization Plan and Design Guidelines. I. RECOMMENDED ACTION: By Motion: Adopt the Penn Avenue Master Revitalization Plan and Desi n Guidelines. II. BACKGROUND The. City of Richfield has long recognized the need to ensure the future vitality of Penn Avenue between the Crosstown Highway and 68th Streets. This area was established in the 1950s and 1960s and is characterized by traffic congestion, a lack of parking, an unfriendly pedestrian environment, and aging buildings. It is also home to a number of iconic businesses frequented by residents of Richfield and the surrounding communities. In 2006 the City contracted with the planning firm Hoisington Koegler Group Inc. (HKGi), and formed a task force, the Penn Crossings Advisory Group, to build upon information collected and strategies emerging from past efforts to ultimately create a master plan to guide the future redevelopment of the area. The Penn Crossings group has been meeting actively since January to review existing plans, studies, and reports relevant to the project area, and to formulate criteria for the development of a master plan and design .guidelines. 102808 Penn Ave Master Plan and Design Guidelines C • Three public workshops/open houses were held in March, May, and August to gather feedback and input from residents and stakeholders to assist in formulating a concept plan • and design guidelines for the area. Staff and HKGi have also held numerous meetings with the City Council, Planning Commission, Housing and Redevelopment Authority (HRA), City department directors, Hennepin County, the City of Minneapolis planning staff, and Metro Transit, in an effort to incorporate ideas, comments, and concerns from all potentially impacted parties. Based upon all of the information, input, and feedback gathered, HKGi has created a Master Revitalization Plan ("Plan") and Design Guidelines for the Penn Avenue Corridor. The purpose of the Plan is to guide the revitalization and redevelopment of the Penn Corridor as it occurs to create a cohesive, inviting, and pedestrian-friendly environment. The Design Guidelines are to be used in conjunction with the Master Revitalization Plan to further ensure goals are met in the future revitalization and redevelopment of the area. The Plan was previously incorporated into the City's 200$ Comprehensive Plan Update. City staff and HKGi will present an overview of the Plan and Design Guidelines. Staff is requesting the City Council adopt the Penn Corridor Master Revitalization Plan and Design Guidelines. III. BASIS OF RECOMMENDATION • A POLICY • The City .strives to encourage reinvestment and revitalization in commercial areas • Section 4.1 of the 2008 Comprehensive Plan identifies as guiding .goals and policies the need to develop identifiable nodes, corridors and gateways throughout the community by encouraging a mix of uses that serve a market in and around Richfield in community commercial nodes, encouraging a mix of uses that serve surrounding local neighborhoods in neighborhood commercial nodes, establishing a land use pattern and supporting infrastructure that creates a "walkable" environment, and develop residential standards (scale, density, etc.) for redevelopment areas that creates neighborhood character. • The Comprehensive Plan states that the Penn Corridor is a target area for redevelopment and recognizes the Penn Avenue Revitalization as an influencing planning effort. • The City has not adopted any plans or land use studies specific to the Penn Avenue Corridor area within the last five years. • At their October 20 meeting, the Richfield HRA recommended adoption of the Design Guidelines. • The Planning Commission will be considering the Master Revitalization Plan and Design Guidelines at their October 27, 2008 meeting. • C, B. CRITICAL ISSUES • Without a Master Plan and Design Guidelines to guide the revitalization and redevelopment of the Penn Avenue Corridor, the area is likely to remain a disjointed and disconnected commercial area that will continue to decline. • A development moratorium is in place along the Penn Avenue Corridor pending adoption of the Master Revitalization Plan and Design Guidelines by the City Council and Metropolitan Council C. FINANCIAL • As the area declines, property tax revenue will also decline: D. LEGAL • N/A E. ENVIIZONMENTAL CONSIDERATIONS • Sustainable and green building practices and components have been incorporated into the Design Guidelines. IV. ALTERNATIVE RECOMMENDATION(S~ • • Do not adopt the Penn Corridor Master Revitalization Plan and/or Design Guidelines. • Adopt the Penn Corridor Master Revitalization Plan and/or Design Guidelines with changes. V. ATTACHMENTS • Penn Corridor Master Revitalization Plan • Design Guidelines VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Hoisington Koegler Group, Inc. • • C O .~ ti N ti a-.a ._ 4~ 4a ^~,, W .{ .` n~' ~L./ „"F ~~ ~ARKI~ ~rizont,~ LivE vd. and Pc PARKIw ' ~ ~' .'• ~ ' ti ' f ~~,3~ ~~ ~ ~ ~ ~ ~ ~ ~ T ~' ~ f ~ ~ € ~ ..... ~Y~ ~. ~ ~ ~+ ~ f~ ~ S 67 ~~ ILive/Workl~ i ~ ~ ,.,, ~~,i; f~~~ b '~ • • Q . ~„ N __ c'G '~ CU 4.1 4.~ Q 4.1 ~E~E~.~~ °' r ~ ~ ~ ~ ~. ti. a ~ ~ ~; sue. ~-K ~~,i~. ,.; ` ~...~ ' ~ l ~ -~ Proposed Land Use Plan ., ~ ~' ~'- _ ,~_ ` ,->,: j r 'T ~. ~~- , * . . a .7 _ _ _ -...~ i ~~ 5e.., f,. u I tt~~~ ., ~7 ~. ~ ~. ~y' ~ ~ ~ ~~~ ~;; ~. ~.,~ .~ "> ~ ~ ~` ~J ~ ~ s f r, '~, ~~~ J \~` ~~ l J fD ~+ • ~. ~ ~ o~~ 'D „~ o ~~ ~ ~~ ~ ~ ~ A• o~ ~ ~O ~Q ~ ~ O ~L. ~~ Po ~.-,~= • • Q ~ ~ ~ ~ d ~ O -C ~ ~ ~ O ro A' •~ a G' m ,~ ° n R• ~ ~ ~ tie ~ ~ ~. (~ ;1 ~ ~ ~' ~ ~ ~' ~ ~ ~ ~, ~ ~ ~ ~ w ~ ~ Q' ~ s" ~, ~ " ~ ~a .r o ~ ~ ~.. ~ ¢' ro ~ ~ 4 [moo UU ~ ~ ~ ~;. ''d' "`' ti ~ ~ ~ N ~ G ~ ~ O ro ~ ~ a A o • Q '.'Y ~ ~r.~' r* ~ LT p, ~ ~' ~ o ,a ~: O ~ `s ' J ~ `mot ~-~ ~ 0 ~ y, v ~" rOt ~ n ~ ~• ~ `'3 ~ O n Q; ~ ~ ~ v Sj (D '* CIQ rt f9 ~ t n ~ eMo rt ~ ~ eo .. a ~ ~' `. ~~ Introduction • v, v v ~ Y ~ ~ ~ v ~ ~ ~ ~ ~ ~ ~ A o ~ ~ ~~.t~ ~ e3 ~ ~ ~ ~ O ~ *d v m ~ bA ~ ~ A v ai Q ~ O ~ ~ .cy~ ~w w y m ~ . ~ ~ ~ ~ ~ ,.A A O ,~ O cd ~ m ~ p .~~ v c3 ~ O ~ ~' u ~ v v v .~ O •~ v ,9 v m ~n ~c ~ r N y ~ y °r, '~ . w v O ~ .~ "'~ ,il v ~ ~ G ~ u O cd .-.+ v sa ~ ~, }, ~ u u ~ •d u v v o'~i v d- ..`~-~ ca ~ • ~ ,~' " ~ O v ~ v, .A -" A A rd v v p y v ca (O ~' ~d v .~ .~ Q"' v .°-~+ v ~ ~ `~ m ~ y ~ `C3 ,~ ~t p ~ ~ cVn ~"` ~ i+ y S; U ~, N 0 v N SY-~ ~ u .~ ~ m Ui •~ .~ y rd ~, v " ~. ~ ~ ~ N u p ~ ~ ,Y,, . `~~' o aNi cn ~ ~ ~ ' cn u . ~ ,~ bn v q., ' ~d v v ~ p ~ ca ' ~ a? u u ~ '~ O ~ c3 ,.A v ~ ~ ~ O v v ~ ~ v R ~ m ~'L' 'L7 N v v t~ O rd '~ s-~ .`.~ ~ rd t~A ' ,. ~ ~+ v ~ N v c~ O taA ~ .~ v ~ Nf+ ~" cd N O r, ~ v ~ ~-O ~' N aAi ~ ~ v ~ N ~ O A •A¢ Q., v O D•+'A ~ v ~ ~ •~ r, v Aa ..~ ~' '`~ '~ ti, u a.+ v oA ,~. ,,., v, ~ u cs ~ u ~ ~ m cAa ~ • ~ ~ ~ ~ a O ~ ' ~ ~ rn v v o~ ~ ~ ~ v N N v v ~ ~ ~ ~ w ~ 't7 ~ o ," ~, N ~ t~ u c'Ji v ~ ~ " ~-' 'O .~~ A N w N A ~ A "v, v ~ .'~' ~ '~ Q ~ A c3 v, ~/ rd 'tS v ~ O ~ as ~ , ~ v ~. 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Nm~ _ oa _-~ _~ ___. _ 7 N ~ N C ~~~~pp L l6C O •~ ~Ep C 'Q ~' D)~ N pC ~ ~~~>>pppp ~> Q N ~/!~ ~~ ~ N N.t ?. ~ >.y Y N >.Y O~ ~p ~ T~ O) ~p N O) ~ ~ N 'O Ul0 C N { •p R 'O R'~~y'9m R'~ EfA m 7 ~ ~N d~~ N M N ~~ N a .~~ N ~ I ~ ~ ~~ ~~ c ~ I a a: `~ E m ~~ m m m se m ~ m'~o~ m~ I y~c~c as ~Q$,E aS ~~~~~~m ~~~0~ -~~~ ism ~ ~-y,a O1 ~-Q c~ a d~ E N ~ $ N cyi ~ ~ co otl m m a ~ ~ ~ '~ C O ~~ ~ O C1 O S SQ• a C~pn~ S Q L ~ "N' ~I ~~,v o~, Ca~~~c ~m - n d. Q, •' . .~, `.~ i~;'. ~ L ~~ ~_~ ~ -fit °• ~~ ~S c ~ ~ 5'c ~ ~ c m~ ~ ~~m m ~. L ~ ~ ~ ~ ~ ~ L Q1 ~ ~ ~'a~ a~ ~O1°,'8 E '° .3 --- ~ - - ---- - ~ . ~~ sad~C,j, a~e~u~ C] AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # 17 REPORT # 2,57 ~~ STAFF REPORT CITY COUNCIL MEETING OCTOBER 28, 2008 REPORT PREPARED BY: KRUMHOLZ, EXEC. COORDINATOR TI7ZE • REVIEWED BY CITY. MANAGER: .. ITEM FOR COUNCIL CONSIDERATION: Consideration of appointments to fill youth terms on City advisory commissions. I. RECOMMENDED ACTION: By .Motion: Approve the appointments to fill the youth terms on the City's adviso commissions. II. BACKGROUND The Advisory Board of Health, Human Rights Commission, Friendship City Commission, Arts Commission and Celebrations Commission have youth term vacancies. Advertisements were placed in the Richfield Sun, on the Cable TV Community Bulletin Board, and the City's Website. Notices were also sent to Richfield High School, Academy of Holy Angels and local churches. Terms are effective -upon appointment through August 31, 2009. Applicants were interviewed at Special City Council meetings on September 23 and October 28, 2008. III. BASIS OF RECOMMENDATION A. POLICY • The City advisory commissions were established by City ordinance or • resolution. • The Mayor directs the City Manager's office to conduct an annual recruitment seeking applicants to fill expiring terms. 1028youtha ppoi ntments • Interviews of the applicants were conducted at Special City Council • meetings. The meetings were posted in accordance with the open meeting law requirements. B. CRITIICAL ISSUES • Applicants were interviewed at a Special City Council meetings on September 23 and October 28, 2008. • Terms are effective upon appointment through August 31, 2009. C. ENVIRONMENTAL CONSIDERATIONS • None ~- IV. ALTERNATIVE RECOIVIMENDATION~S~ • Defer appointments to another Council meeting. V. ATTACHMENTS • Vacancy list. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • • ~ ~-~ t O N r M N Q • O N ~ d~ ~ N r N ~ ~ ~ ~ N r M ~ 4 p N 'r M ~ Q ~ N ~ M N ~ Q o N ~ M N 7 ~ Q ' I Q , ~ ~ ~ ~ ~ U T ~ U ~ ~ N U ~ ca z, d _ ~ N J tt7i 'tL a z ~ ~ i o ~ O ~~ .~ '~ ~ T Q, p ~ T ~% 0 ~ ~ _ m `~ t7 'a O .Z OG V W W N ~ W u' V a a o O N hl, ~ r. M. ~ N N ~ ~ ~ ~ Q. Q N -~~ t6 N Z N L ~ .- ~ .- ~ v ~L AGENDA SECTION: AGENDA ITEM # REPORT # • ~~~ STAFF REPORT CITY- COUNCIL MEETING OCTOBER 28, 2008 OTHER BUSINESS 258 REPORT PREPARED BY: KRUMHOLZ, EXEC. COORDINATOR. NartE, • REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the City Council's confirmation of the Mayor's appointment of a Housing and Redevelo ment Authorit HRA Commissioner. L RECOMMENDED ACTION: By motion: Confirm the Mayor's appointment. of an HRA Commissioner for a five year term expirin October 2013. IL BACKGROUND HRA Commissioner Martin Kirsch's term expires in October 2008. Commissioner Kirsch was appointed in January 2003. To ensure a quorum at future HRA meetings, the Council should make an appointment on October 28, 2008. III. BASIS OF RECOMMENDATION A. POLICY • Under State law, the Mayor appoints HRA Commissioners subject to confirmation of the City Council.. The Mayor has indicated she will make an appointment to the HRA for afive-year term at the October 28, 2008 City. Council meeting. B. CRITICAL ISSUES • To ensure a quorum at future meetings, the City Council should take action on this item on October 28, 2008. 1028HRA • C. LEGAL • None IV. ALTERNATIVE RECOMMENDATION~S~ x • The City Council could decide not to confirm the Mayor's appointment. . • If the City Council does not approve the Mayor's appointment, a quorum may not be present at future HRA meetings. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. .]