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01-27-09 Agenda
CITY OF RICHFIELD, .MINNESOTA • TUESDAY, JANUARY 27, 2009 SPECIAL CITY COUNCIL MEETING CITY HALL EXECUTIVE CONFERENCE ROOM 6700 PORTLAND AVENUE 6:15 P.M. AGENDA Call to order Roll call s 1. Interview of persons interesting in serving on City advisory commissions (Council -Memo No. 12) Notes: h • Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker,is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on-items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. . Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council/City Hall Advisory Task Force Meeting of January 8, 2009; (2) Special City Council Meeting of January 10, 2009; (3) Special City Council Worksession of January 13,.2009; and (4) Regular City Council Meeting of January 13, 2009 PRESENTATIONS 1. Recognition of City of Richfield Centennial babies 2. Presentation of 2008 City of Richfield Police Officer of the Year Award to Police Officer Eric Turnquist (Council Memo No. 13) COUNCIL DISCUSSION 3. Council discussion • Letter of support for Adler Graduate School (Council Memo No. 14) • Designation of City Council representative and liaison to Metro Cities for 2009 (Council Memo No. 15) • Hats Off to Hometown Hits • Notes: AGENDA APPROVAL 4. Council approval of agenda CONSENT CALENDAR 5. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action 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 transitory ordinance vacating- highway easement at 1901 66th Street East, (Public Works Maintenance Facility) as described in Certificate of Title No. 1201966; first reading of transitory ordinance vacating. highway easement at 1901 66th Street East (Public Works Maintenance Facility) as described in Certificate of Title No. 1184055; and scheduling. public hearing and second reading for February 24, 2009 S.R. No. 19 B. Consideration of approval of resolution pertaining to filing of Pay Equity Report with Minnesota Management and Budget Department S.R. No. 20 C. Consideration of approval of work plan from SEH, Inc. to prepare sanitary sewer section of Comprehensive Plan and develop and calibrate sanitary sewer model for City of Richfield S.R. No. 21 D. Consideration of approval of resolution authorizing amendment to Agency Agreement 93497 with Minnesota Department of Transportation and City of Richfield to relocate private utilities as part of Lyndale Avenue Bridge Project S.R. No. 22 E. Consideration of approval of the following 2009 renewal of business licenses for 3.2 percent liquor sales and 2008 license renewals to operate businesses in Richfield: S.R. No. 23 License to Sell 3.2 Percent Malt License to Operate in Richfield Liquor A New Star Limousine & Taxi Service - 10 Airport Bowl - On-Sale vehicles ' Aldi Foods -Off-Sale Airport Taxi - 11 vehicles Davanni's Pizza - On-Sale Black & White Taxi - 5 vehicles EI Jalapeno -Off-Sale Bloomington City Taxi - 5 vehicles Kwik Way Foods -Off-Sale Gold Star Taxi - 27 vehicles Lariat Lanes - On-Sale La Mexicana Express - 8 vehicles RBF Corporation of Wisconsin Latino Express -10 vehicles .(Rainbow Foods) -Off-Sale Suburban Taxi Corporation - 5 vehicles Richfield Mobil Mart -Off-Sale Twin Cities Airport Taxi - 3 vehicles Sandy's Tavern - On-Sale SuperAmerica #4186 -Off-Sale Paul's Rentals & Sales -Trailers and Trucks SuperAmerica #4188 -Off-Sale Rental SuperAmerica #4191 -Off-Sale SuperAmerica #4615 -Off-Sale Vina Restaurant - On-Sale Notes: • 6. Consideration of items, if any, removed from Consent Calendar Notes: OTHER BUSINESS 7. Discuss and provide staff direction regarding proposed public financing in amount of $8,700,000 in combined 429 Bonding, tax increment financing and Fannie Mae Community Express Loan funds secured by City of Richfield to assist in development of Cedar Point Phase II and construct portion of Richfield Parkway Staff Report No. 24 Notes: PROPOSED ORDINANCE 8. Consideration of second reading of amending to Richfield City Code Subsections 544.09 and 544.25 related to exterior lighting and telecommunication towers and antennas and resolution authorizing summary publication of ordinance amendment Staff Report No. 25 Notes: RESOLUTIONS 9. Consideration of resolution imposing civil enforcement on establishment in Richfield that underwent tobacco check conducted by Richfield Public Safety staff and failed by selling tobacco to underage youth Staff Report No. 26 Notes: 10. Consideration of resolutions imposing civil enforcement on establishments in Richfield _ that underwent alcohol check conducted by Richfield Public Safety staff and failed by selling alcohol to underage youth • Staff Report No. 27 Notes: 11. Consideration of resolution establishing Richfield employee early retirement incentive program Staff Report No. 28 Notes: OTHER BUSINESS 12. Consideration of purchase of construction manager services from Stahl Construction Company for new Police/Fire/City Hall facility Staff Report No. 29 • Notes: . 13. Consideration of appointments to City advisory commissions Staff Report No. 30 Notes: CITY MANAGER'S REPORT 14. City Manager's report Notes: 15. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for • others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: 16. 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. • • L..J AGENDA SECTION: AGENDA ITEM # REPORT # ~' STAFF REPORT CITY COUNCIL MEETING .TANUARY 27, 2009 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a first reading of Transitory Ordinances vacating highway easements within property located at 1901 66th Street East (Public Works Maintenance Facility) and schedule a second readin and public hearin . I. RECOMMENDED ACTION: By Motion: • Conduct a first reading of a Transitory Ordinance to vacate the highway easement at 1901 66th Street East, as described in Certificate of Title No. 1201996; • Conduct a first reading of a Transitory Ordinance to vacate the highway-easement at 1901 66th Street East, as described in Certificate of Title No. 1184055; • Call for a public hearing and second reading to be held February 24. 2009. II. BACKGROUND The City is in the process of platting the property on which the new City. Maintenance Facility sits. In order to do so, the highway easements indicated on the attached site plans must first be vacated. The City has requested that the Hennepin County Registrar of Titles simply remove the easement described in Certificate No. 1184055. The State has quitclaimed and MELISSA POEHLMAN, CITY PLANNER 012709 - 1st Reading - 1901 66th St E vacation conveyed all of its interest in this property to the City. If the Registrar agrees to do so, this item will not require a public hearing and. second reading. The easement described in Certificate No. 1201996 cannot be removed by the Registrar because of the "public purpose" language included in the Deed. This easement must be vacated by the City. III. BASIS OF RECOMMENDATION A. POLICY • The Council may by ordinance vacate a street, alley, public grounds or apart thereof, on it own motion or upon the petition of the owners of half of the land abutting on the street, alley, public grounds or part thereof to be vacated. • No vacation may be made unless it appears in the interest of the public to do so. • The Hennepin County Registrar of Deeds and Titles and public utility companies have been sent notice of the proposed vacation and have been asked to identify any existing utility lines within the property to be vacated. • All necessary easements for existing utility lines will be dedicated in the plat of the maintenance facility property. There is no need to reserve utility easements as part of this proceeding. B. CRITICAL ISSUES • There is no public need for a highway easement over this property. C. FINANCIAL • N/A D. LEGAL • Notice of the public hearing shall be published in the Sun Current Newspaper as required. • The City Attorney has prepared the attached Transitory Ordinances. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATNE RECOMMENDATION(S~ • N/A • V. ATTACHMENTS • Transitory Ordinance vacating property described by Certificate of Title No. 1201996. • Transitory Ordinance vacating property described by Certificate of Title No. 1184055. • Plat VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Corrine Heine, City Attorney • ~/'~1 BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE VACATING HIGHWAY EASEMENT THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The land described on Certificate of Title. No. 1201996, files of the Hennepin County Registrar of Titles is owned in fee title by the City of Richfield (the "Property") and is depicted on the attached Exhibit A. Sec. 2. The Property is subject to easements in favor of the State of Minnesota for highway purposes as evidenced by easement. recorded December 17, 1962 as Document No. 713364 and Final Certificate recorded January 15, 1965 as Document No. 797648, which instruments are memorialized on Certificate of Title No. 1201996. The Easements encumber the westerly 15 feet of the Property. Sec. 3. The predecessor in title to the City was the State of Minnesota. The State conveyed its interest in the Property to the City by Deed Document No. 4379388, for "public purposes." The City's intended use at the time of conveyance and the • .current use of the Property is a City maintenance facility. The Property has been improved with a building that houses the offices and equipment of the public works department. Sec. 3: There is no public need for a highway easement over the Property. Sec. 4: There are existing utility lines within a portion of the Property. However, the Property is part of a proposed plat, and all necessary easements for existing utility lines will be dedicated in the plat. There is no need to reserve utility easements as part of this proceeding. Sec. 5: Upon the effective date of this Ordinance, those portions of the easements created by Document No. 713364 and Document No. 797648 that encumber the Property are vacated. Sec. 6. The City of Richfield held the first reading on , 2009 and second reading on 2009. Legal notice was published. in the City's official newspaper as required by ordinance. Sec. 7: This ordinance shall become effective 30 days after publication of the ordinance. • ~~~~ Sec. 8: The City Clerk is directed to prepare a certificate of completion of vacation proceedings and to record the vacation in the office of the Hennepin County Registrar of Titles. Passed by the City Council of the City of Richfield, Minnesota this , 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • • 5/~ r 2 • EXHIBIT A Sketch of Vacated Area I I f i I iv ~ yr ; ~ • y' N ' 11. ,{ Lt/', of }1k :fd T ~ k. YI 1.~ 15 ~ 27 ~ $ ' 1 f~, I jj3~ r ', i Ij$ ~ ' i p.~~ t'~' ~ ~m s. ( _.,..._~~. 1i :" j (. b k ~ i ti ~C' W Y ~ ~ i a ~ ~' :~ z ~~ ,a ~ i I ~ ~ ~ i ~ ' ~ fi ~ ~ tl ~1~ ! # ~ ' i e 1 I ~ ! t I i t 7 i € I +ks t 4 t k 1 ~ ~ ~ ~ 3 a~ R7 i ~ ~ ~: .'? ~ ~ ~ . ~~ ..4 ___ ~ ~ b Mav ~i fi ~ ~' ~~... {I_ u j ~.T _N ~°R7~ i 1f4b7~ - ` r~:~+? `_' `~ - r" M~ % ~ Y'4 r 1 ^ Y '„ 'p N Gtr. zk ~.. a ~. G~i.. I - _C~ y .. I ~~ -.s. ~ . i -.~~-~ ~ ~ I ~ i , ~ s I a ~ ~~ ~ ~` W Y 2 ~~~~ ~~~_ i Vt 1 1 t;i 1 ~ w ;1 (~~ 3 I A 1 i i Md i s~ a ~~.' - i ~~ ~r 3 *• he ~.~ .~[[ fal Yt~ j t I i V I ~~~ -__ _ _ ~ -~~~ F ,~ t ~~~ ren-t! ' ~ y^' 2r .~x~c ~{~ r f ~ .' ):i'~; LMQ J j ./.1 w:f T+ti ?~l / :~ f y~.~X ~ V X,~': ,~.',. e r ~~V , `_ #~ tR 7 0 r A4. - Fr. • ~A -'~ BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE VACATING HIGHWAY EASEMENT THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The land described on Certificate of Title No. 1184055, files of the Hennepin County Registrar of Titles is owned in fee title by the City of Richfield (the "Property") and is depicted on the attached Exhibit A. Sec. 2. The Property is subject to an easement in favor of the State of Minnesota for highway purposes as evidenced by Final Certificate recorded January 15, 1965 as Document No. 797648, which instrument is memorialized on Certificate of Title No. 1184055. The Easement encumbers the entirety of the Property. Sec. 3. The State has quitclaimed and conveyed all of its interest in the Property to the City by Deed Document No. 4379387, and the Property is in use as a City maintenance facility and has been improved with a building that houses the offices and equipment of the public works department. • Sec. 3: There is no public need for a highway easement over the Property. Sec. 4: There are existing utility lines within a portion of the Property. However, the Property is part of a proposed plat, and all necessary easements for existing utility lines will be dedicated iri the plat. There is no need to reserve utility easements as part of this proceeding. Sec. 5: Upon the effective date of this Ordinance, that portion of the Easement created by Document No. 797648 which is encumbers the Property is vacated Sec. 6. The City of Richfield held the first reading on , 2009 and second reading on 2009. Legal notice was published in the City's official newspaper as required by ordinance. Sec. 7: This ordinance shall become effective 30 days after publication of the ordinance. Sec. 8: The City Clerk is directed to prepare a certificate of completion of vacation proceedings and to record the vacation in the office of the Hennepin County Registrar of Titles. 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'Lv-:' `V. I I i I I I A ~/ I ~ I the E INS al the Nw . of ine SW Y aI Sac. 25 _~ I I I I ! J. 1.._.._.._.._.._.._..~..~..J ., • AGENDA SECTION: CONSENT AGENDA ITEM # 5B REPORT # 20 STAFF REPORT CITY COUNCIL MEETING JANUARY 27, 2009 • u REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: FRANCIE FLETCHER HUMAN RESOURCES COORDINATOR NaNtE Ti7zE ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution pertaining to filing of the Pay Equity Report with the Minnesota Mana ement and Bud et De artment. I. RECOMMENDED ACTION: By Motion: Adopt the resolution pertaining to filing of the Pay Equity Re ort with the Minnesota Mana ement-and Bud et De artment. II. BACKGROUND Minnesota Statutes require that every municipality file a report with the Minnesota Management and Budget Department formerly the Minnesota Department of Employee Relations (DOER) to indicate. equitable pay relationships between female and male employees. The City of Richfield filed its last Pay Equity Report in January 2006. Minnesota Legislature requires the reporting of Pay Equity every three years. The City's next reporting deadline will be January 31, 2012. The City has completed its work on the Pay Equity Report for the period ending December 31, 2008 and requires the Mayor's signature before submission to the State of Minnesota. The data compiled for this report is done in accordance with strict standards determined by the Minnesota Management and Budget Department and is reported in a summary format for submission to the State. The preliminary results indicate that the City continues to be in compliance with the .Minnesota Pay 0127 Pay Equity Equity Act. However, the State will make an official determination after the. report is analyzed. III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield must file a Pay Equity report in order to comply with the Pay Equity Act. A Pay Equity report is filed every three years. B. CRITICAL ISSUES • The report has been completed and, according to assessment information provided by the Minnesota Management and Budget Department, indicates that the City's male and female pay relationships are in compliance with the Pay Equity Act. C. FINANCIAL - • Any reports not postmarked on or received by the State of Minnesota on or before January 31, 2009 will be found out of compliance and subject to a monetary penalty. The penalty is a 5 percent reduction in _ state aid payments or $100 per day, whichever is greater. • D. LEGAL • The City must file a report with the State of Minnesota on or before January 31, 2009 based on data as of December 31, 2008. IV. ALTERNATIVE RECOMMENDATION~S~ • No alternative is recommended: The report is based on actual data and must be filed with the State in accordance with the statutory timeline. V. ATTACHMENTS • Resolution Pay Equity statistical findings VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None n U ~g_ RESOLUTION NO. • RESOLUTION PERTAINING TO FILING OF THE PAY EQUITY REPORT WITH THE MINNESOTA MANAGEMENT AND BUDGET DEPARTMENT WHEREAS, State statutes require that every municipality file a report with the Minnesota Management and Budget Department once every three years to indicate equitable pay relationships between male and female employees; and WHEREAS, this jurisdiction is submitting a pay equity implementation report to the Minnesota Management and Budget Department as required by the Local Government Pay Equity Act, Minnesota Statutes 471.991 to 471.999; and WHEREAS, this report has been completed and seems to indicate that Richfield male and female pay relationships are in compliance with the Pay Equity Act; and .WHEREAS, Richfield must file a report with the State of Minnesota on or before January 31, 2009 based on data as of December 31, 2008. NOW, THEREFORE, BE IT RESOLVED that the City shall accept the findings of the Pay Equity Report and forward it to the Minnesota Management and Budget Department. Adopted- by the City Council of the City of Richfield, Minnesota this 27th day of • January 2009. . Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk - Pay Equity Implementation Report Send completed report to ~~~ Pay Equity Coordinator • Department of Employee Relations 200 Centennial Building. 658 Cedar Street (651) 296-2653, (Voice) St. Paul, MN 55155-1603 (651) 282-2699 (TDD) ® No salary ranges/performance differences. Leave blank- unless BOTH of the following apply: Part A: Jurisdiction Identification Jurisdiction: CITY OF RICHFIELD 6700 PORTLAND AVE Contact: HUMAN RESOURCES COORDINATOR FRANCIE FLETCHER Fax: 612 861 9749 Email: FFLETCHER@CITYOFRICHFIELD.ORG Jurisdiction Type: CITY Phone: (612) 86-1 97 Part B: Official Verification 0 The job evaluation system used measured skill, effort responsibility and working conditions and the same system was used' for all classes of employees. The system used was: Consultant System. (Specify. Describe: PDI, lnc. Health Insurance benefits for male and female classes of comparable value have been evaluated and: here is no difference and ~" female classes are not at a disadvantage. ® ^/ Information in this report is complete and accurate. 0 ~/ The report includes. all classes of employees over which the jurisdiction has final budgetary approval authority. Part.C: Total Payroll is the arinual payroll for the calendar year just ended December 31 a. Jurisdiction does not have a salary range for any job class. b. Upon request, jurisdiction will supply documentation showing that inequities between male and female classes are due to performance differences. Note: Do not include any documentation regarding - performance with this form. An official notice has been posted at: All City Bulletin Boards Department use 981 Postmark Date of Report Jurisdiction ID Number (prominent location) informing employees that the Pay Equity Implementation Report has been filed and is available to employees upon request._ A copy of the notice has been sent to each exclusive representative, if any, and also to the public library. The report was approved by: Richfield City Council (governing body) Debbie Goettel (chief elected official) Mayor (title) - ~/ Checking this box indicates legal signature by above official. • Compliance Report o1/20/200~ ~~~~ Jurisdiction: CITY OF RICHFIELD 6700 PORTLAND AVE Contact: FRANCIE FLETCHER Phone: (612) 86-1 97 HUMAN RESOURCES COORC Insurance Added? Job Evaluation System Used: The statistical analysis, salary range and exceptional service pay test results are shown below. Part I is general information from your pay equity Report data. Parts II, III and IV give you the test results. For more detail on each test, refer to the guidebook. I. GENERAL JOB CLASS INFORMATION # Job Classes # Employees Avg. Max Monthly Pay per Employee Male Female Balanced Classes Classes Classes 45 50 7 153 78 34 $6,006.93 $5,008.99 All Job Classes 102 265 $5,456.87 II. STATISTICAL ANALYSIS TEST Male Female A. UNDERPAYMENT RATIO = 115.1 * Classes Classes a. # at or above Predicted Pay 16 22 b. # Below Predicted Pay 29 28 • c. TOTAL 45 50 d. % Below Predicted Pay 64.44 56.00 (b divided by c = d) * (Result is % of male classes below predicted pay divided by % of female. classes below predicted pay) B. T -TEST RESULTS Degrees of Freedom (DF) = 229 Value of T = 2.15 a. Avg. dill. in pay from predicted pay for male jobs = $33 b. Avg. dill. in pay from predicted pay for female jobs = -$80 III. SALARY RANGE TEST = 86.21 % (Result is A divided by B) A. Avg. # of years to max salary for male jobs = 4.17 B. Avg. # of years to max salary for female jobs = 4.83 IV. EXCEPTIONAL SERVICE PAY TEST 110.77 A. % of male classes receiving ESP 28.89 B. % of female classes receiving ESP 32.00 " (if 20% or less, test result will be 0.00) • J AGENDA SECTION: CQNSRNT AGENDA ITEM # 5C REPORT # 9 ~ J STAFF REPORT CITY COUNCIL MEETING JANUARY 27, 2009 • REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: KRISTIN ASHER, CITY ENGINEER ITEM FOR COUNCIL CONSIDERATION: Consideration of a work plan from SEH Inc. to prepare the sanitary sewer section of the Comprehensive Plan and develop and calibrate a sanitary sewer model for the City. I. RECOMMENDED ACTION: By Motion: Ratify the hiring of SEH Inc. to prepare the sanitary sewer section of the City's Comprehensive Plan and develop and calibrate a sanitary sewer model for the City. II. BACKGROUND The City is responsible for providing sanitary sewer services to the residents and businesses in Richfield. The City's goal is to provide these services with as high a quality as possible in the most economical manner. The City's sanitary sewer collection system discharges its wastewater into a series of interceptors owned and operated by the Metropolitan Council. The City relies on, and pays, the Metropolitan Council Environmental Services to carry the sewage in its interceptor sewers to the Pig's Eye wastewater treatment plant in Saint Paul. • In order to meet long range planning goals for the Met Council, the City of Richfield completed a comprehensive plan including a review of their sanitary sewer system. The sanitary sewer model is necessary to evaluate current and future wastewater capacity demands on the system and determine where the collection system is near capacity or operationally stressed. 0127SanitaryModel Na,~tc, TITLE • Short Elliott Hendrickson, Inc. (SEH) has provided the City with language that has been included in the comprehensive plan and has started work consistent with a work plan to complete the necessary sanitary sewer model (attached). The work completed took place in 2008 using 2008 budgeted funds. In 2006, the Met Council adopted an Inflow/Infiltration (I/I) Surcharge Program which places a surcharge on a community's municipal wastewater charge when a community exceeds their I/I goal (maximum hourly discharge limit). Inflow and infiltration occur in areas where stormwater is accessing the sanitary sewer system. Known cases of I/I are to be addressed and mitigated by December 31, 2011. Staff is actively working with property owners on known I/I problem areas. Historically, Richfield has stayed within the established I/I goal, however in 2008, the City was notified by the Metropolitan Council that on August 14, 2007 the flows generated within Richfield exceeded the community's goal (attached). Further investigation into the overage showed Met Council's formula to have calculated the flow incorrectly demonstrating the City was actually still within their goal and the City was able to avoid $497,000 in surcharges from the Met Council. To help identify areas of the City that are contributing significant amounts of I/I during peak flows SEH has indicated they will do wet weather monitoring in 2009 and include the data collected in the sanitary sewer model. • The main objective in hiring SEH was to model the sanitary sewer system in order to determine options for improving system performance and to establish a plan for implementing the best method to mitigate capacity problems and sources of peak I/I flow, as necessary. If the Council ratifies the contract with SEH the sanitary sewer model will be completed in 2009 after significant rainfall events occur. III. BASIS OF RECOMMENDATION A. POLICY • If the City is to contract with SEH Inc. for the completion of the sanitary sewer model, City Council approval and authority is necessary for the work order. B. CRITICAL ISSUES • Knowing the status of the sanitary sewer system is critical for the City to successfully plan for future redevelopment. • The model will help locate where I/I problems exist so the City can continue to pursue remediation to avoid expensive surcharges ($500,000) from the Metropolitan Council's I/I Surcharge Program. . C. FINANCIAL • The work plan is estimated not to exceed $95,100.00 to be paid for using Wastewater Utility funds. (52000-6103). • $89,900 was added the revised 2008 budget, of which $27,031.96 was paid. • The 2009 revised budget will have the remaining 62,868.04 added plus an additional $5,200 for two additional flow meters bringing the total to $95,100.00. D. LEGAL • The City Attorney will be available to answer questions. E. ENVIIZONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ The Council may chose not to ratify the contract with SEH, Inc. V. ATTACHMENTS • SEH, Inc. Sanitary Sewer Model Proposal • Metropolitan Council Letter , • Graphic VI. PRINCIPAL PARTIES EXPECTED AT MEETING . SEH, Inc. Representatives i ~ SEH February 12, 2008 Brian Young Utility Superintendent City of Richfield 6700 Portland Avenue Richfield, MN 55423-2599 Dear Mr. Young: ~c-l RE: City of Richfield, Minnesota Sanitary Sewer Modeling Proposal SEH No. RICHF0803.00 BB The City of Richfield's sanitary sewer collection system discharges its wastewater into a series of interceptors owned and operated by the Metropolitan Council. The environmental services section of the Metropolitan Council Environmental Services (MCES) is the regional wastewater treatment authority for the greater Minneapolis-Saint Paul area. In order to meet long range planning goals for the Metropolitan Council, the City of Richfield is working on a comprehensive plan including a review • of their sanitary sewer collection system. It is our understanding that the City would like to develop a sanitary sewer model to evaluate current and future wastewater capacity demands on the system and determine pipe sections where the collection system is near capacity or operationally stressed. Short Elliott Hendrickson, Inc. (SEH°) appreciates the opportunity to submit this proposal to help the City of Richfield develop a comprehensive plan and model their sanitary sewer collection system. SEH has completed a number of sanitary sewer planning and modeling projects most recently for the Cities of Golden Valley, Plymouth, and Northfield. We are currently working with the City of Ashland incorporating asystem-wide sanitary sewer model to help them reduce infiltration and inflow (I/I) and improve the collection system's performance and/or evaluate design measures to reduce sewer system overflows into Lake Superior. Purpose and Objectives The purpose of this Work Plan is to identify the scope of services necessary to prepare the sanitary sewer section of the Comprehensive Plan and develop and calibrate the sanitary sewer model for the Richfield sanitary sewer collection system. In order to calibrate the model, SEH will install portable flow meters at critical junctions within the Cites sanitary sewer collection system and collect dry and wet weather flows. One secondary objective of this study will be to help identify areas of the City that are contributing significant amounts of peak I/I flows. The main objective will be to model the sanitary system in order to determine options for improving system performance and to establish a plan to for implementing the best method to mitigate capacity problems and sources of peak I/I flow, as necessary. SEH will create the sewer model using Montgomery Watson Harza's (MWH) InfoSWMM software. • Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer ~ www.sehinc.com ~ 651.490.2000 ~ 800.325.2055 ~ 651.490.2150 fax . ~ 5C- ~. Brian Young February 12, 2008 . Page 2 Work Scope The attached Work Plan identifies the four phase scope of work for completing the comprehensive planning activities and the model. The first phase will consist of meter reconnaissance of the sanitary sewer collection system to identify manholes for flow monitoring, flow meter installation, and two months of data collection to determine base flows or dry weather flow conditions. The second phase will consist of three months of flow monitoring with field maintenance and data collection to collect wet weather data from at least three significant rainfall events greater than 0.5 inches over a one hour period. The third phase will consist of the removal of the equipment and analysis of all data collected from the flow monitoring phases and initial preparation of the model including attaching individual water records to pipe sections.. Phase 4 will consist of developing a sanitary sewer model to determine short term and long range design changes to the collection system to handle existing and future hydraulic demands on the entire wastewater collection system. The work scope is as follows: Phase 1 -Base Flow Monitoring Task 1.0 -Background Data Collection SEH will collect all historical information on the sanitary sewer collection system such as previous I/I reports, maintenance logs of collection system repairs, previous collection system inspection data logs, inventory map of the storm sewer and wastewater collection system, MCES flow meter station flow records and any other appropriate data that may help complete the model. SEH will review available information on the age, size, type, footage, construction materials and general physical condition of the Cit~s think and collector sewer lines. SEH will review all historical wastewater record data at each lift station and the MCES flow monitoring stations to determine how the collection system operates under a variety of dry weather and wet weather conditions over the past few years. Task 2.0 -Existing Wastewater Collection System Review As the City's sanitary sewer collection system ages, timely operation and maintenance of the system will be required. We will meet with Richfield staff and discuss problem areas, discuss operation and maintenance issues, and access overall collection system performance. SEH will meet with MCES staff to discuss the status of their interceptors, O&M issues, capital improvement projects scheduled or planned, and long range plans for the MCES collection system in the area which could impact the City. Comparing this information with generally accepted pipe longevity data, a guide for scheduling of maintenance and repair will be provided. Available methods of maintenance and repair of the collection system will be explored along with options for financing. Task 3.0 -Field Reconnaissance SEH field crews will locate and visually inspect manholes to identify potential flow meter manhole locations for future flow monitoring. Each location will be evaluated to determine if they are acceptable places for obtaining quality wastewater flow results. Field crews will evaluate alternative manhole locations if preliminary sites are unsuitable for long-term monitoring. SEH will meet with Richfield staff prior to ordering equipment and installation of the flow monitoring equipment. Task 4.0 -Flow Meter Installation Based on the results of the previous tasks, SEH will perform the following tasks: • Contact a flow monitoring equipment representative from Teledyne Isco and secure a lease for the necessary flow meters. • ~e-3 Brian Young February 12, 2008 • Page 3 SEH will install and monitor nine Teledyne Isco Mode12150 AV portable flow meters for two months to establish base flow conditions in selected areas of the City. The Teledyne Isco flow meters (Model 2150) will be installed within the MCES main interceptors and within the Cit~s collection system to isolate specific areas or sewer districts. The units will record depth and velocity data from a pressure transducer mounted at the invert of the pipe where the flow is to be determined. The equipment will be installed for two months. Each meter location will be checked at a minimum of every two weeks to determine if the units are functioning properly and the flow conditions are consistent with the original installation. • During routine maintenance, each flow meter will be interrogated with a Isco Field Wizard Model 2101 or a portable laptop to collect the latest flow data for review and analysis. Task 5.0 -Data Reporting SEH will take all the data collected during. the initial two months of flow monitoring and, using Isco Flowlink 5.0 software, determine the amounts of wastewater under dry weather conditions entering each contributory sewer district isolated by the portable flow meters. SEH will prepare a technical memorandum presenting the data for review by City staff. Phase 2 -Wet Weather Flow Monitoring Task I.0 -Inflow/Infiltration (Ill) Monitoring In order to determine the amount of inflow and infiltration entering each sewer district for input into the model, an additional three months of flow monitoring will be performed in each of the previous nine flow meter monitoring locations set tip in Phase 1. Each meter location will be checked at a minimum of every two weeks to determine if the units are functioning properly and the flow conditions are consistent with the original installation. Task 2.0 -Wet Weather Flow Data Analysis SEH will take all the flow monitoring data collected during the previous task and, using ISCO Flowlink 5.0 software, determine the amounts of I/I entering each contributory sewer district isolated by the portable flow meters. For each sewer district, SEH will determine the I/I contribution by determining the peak rate of I/I generated by inch of rainfall using local data. To accomplish this, a significant number of rainfall events will be required to determine I/I volume and to correlate this value with rainfall intensity. By statistically calculating a number of rainfall events, it will be easier to develop an I/I baseline value for use in the model. SEH will meet with City staff and present the flow monitoring results by sewer district. Task 3.0 -Flow Monitoring Equipment Removal SEH will meet with City staff prior to metering equipment removal and provide a review the data and determine the adequacy of the flow monitoring data for the study objectives. If necessary, SEH will discuss the need for additional flow monitoring or removal of the equipment. SEH will remove all the equipment and return to the leasing company. • .. ~e-~ ` Brian Young February 12, 2008 • Page 4 Phase 3 -Sanitary Sewer Model Development Task I.0 -Initial Sewer Model Preparation SEH will meet with Gity staff to collect water sales records, current GIS data and available lift station specifications. Field crews will perform drawdown testing at each lift station. Using Info SWMM software developed by Montgomery Watson Harza, SEH will perform an initial model run to determine if any additional GIS data is needed to effectively run the model. SEH will meet with City staff to review our model recommendations, the parameters, scope and additional information necessary to complete future tasks. City will be responsible for the providing the sanitary sewer map in a GIS format for use in the model. Any physical data required for the model such as sewer manhole rim and invert elevations or updates to the sanitary system through as-built data will be the responsibility of the City. SEH would be available to assist the City in these efforts but is beyond the scope. of this study. Task 2.0 -Sanitary Sewer Model Calibration SEH will use the data gathered from the previous task to build the sewer model. SEH will match individual water records from parcel accounts and attach them to each corresponding pipe section within the GIS database. Once complete, the model will be run with the water sales and individual factors will be added by sewer district to calibrate the model results with the base flow values collected during Phase 1 of this project. Dry weather flow data from the MCES flow monitoring stations will also be used during the process of calibrating the model. The wet weather flow data collected during rainfall events will be used to determine existing sanitary sewer collection system capacity during peak . events. Peaking factors based on the wet weather flow data collected from the Phase 2 flow monitoring will be used to calibrate the final hydraulic sanitary model developed in from the summary of all tasks. The final process will be documented in a technical memorandum at the completion of the modeling efforts. Task 3.0 -Projected Future Wastewater Flows SEH will meet with the Cit~s planning and development staff to coordinate potential land use changes over the next 20 years. For the most part, the City is all developed, but does have a number of areas which could impact future sanitary sewer collection needs. SEH will work with Richfield staff to develop the ultimate site use and project potential increases in the wastewater flow demand on the collection system. Task 4.0 -Wastewater Comprehensive Plan Chapter Preparation SEH will provide the City of Richfield with the final deliverable in the format developed by the city staff which includes a summary of wastewater section of the comprehensive plan and the entire plan with technical appendices. The report will present a review of the work completed in the above tasks and assist the City in establishing a capital improvement plan for future needs. Phase 4 -Evaluation o f Existing Sanitary Sewer Collection System Task 1.0 -Existing Sanitary Sewer System Capacity SEH will use the calibrated model to analyze the sanitary collection system based on three scenarios; average daily flow, allowable MCES peak hour flow, and historical flow conditions. Each scenario will be reviewed to determine the adequacy of the existing collection system capacity, evaluate existing capacity of current lift stations, and review collection system for potential operational issues. 5C-5 Brian Young February 12, 2008 Page 5 Task 2.0 -Determine Future Sewer System Needs SEH will use the calibrated model to make recommendations for short term capacity issues and long range planning and development of future interceptors. SEH will review the following issues. • Identify potential pipe sizes needed to accommodate existing flow conditions and future population demands as needed. • Optimize alignment and location of future interceptors • Determine the need, capacity and locations of additional pipe network and/or lift stations • Determine impacts of growth and sewer extensions on the existing collection system • Goals for I/I removal to help alleviate pipe capacity constraints and system bypasses The results of the model will be used to help establish I/I abatement goals, develop capital improvements and recommendations for future long range planning. Task 3.0 -Inflow/Infiltration Issues SEH will provide a recommended course of action to cost-effectively eliminate I/I based on the model results from the sanitary sewer collection system to include: • A map delineating areas with high I/I potential by priority. • Establish a"baseline'to measure the effectiveness of the abatement plan. Identify fLiture investigative measures to identify and eliminate future I/I sources. • Discuss maintenance measures to reduce I/I, including a discussion of the effectiveness and estimated costs of performing each measure. • Prepare a prioritized list of capital improvement projects for I/I reduction that includes an analysis of the cost-effectiveness of each measure. • Prepare recommendations for an I/I abatement program that will help the City manage clear water entering the sanitary collection and interceptor sewer system. SEH will document and summarize the results of Phase 4 completed under this work scope and present two copies of the technical memorandum documenting our findings of the project. We will meet with staff to discuss our findings and, upon receipt of the Cit~s comments, incorporate the appropriate revisions into the memorandum. The memorandum will include the results from the modeling in a GIS format. Schedule SEH has prepared a preliminary schedule based on an anticipated project award date of February 4, 2008. The attached project schedule provides specific milestones for completion of each project phase. Notice to Proceed February 12, 2008 Phase 1 Completion April 18, 2008 Phase 2 Completion July 18, 2008 Phase 3 Completion August 15, 2008 Phase 4 Completion August 29, 2008 Note: A rzumbzr of meetings zzzitl7. the project teazn (SEH and City staff will occur throughout the project as identified in the work scope provided in the previous section. • Brian Young February 12, 2008 Page G t~ Project Cost The estimated project cost for completion of all tasks listed in the work scope is provided in the attached spreadsheet. Our estimate is based on the following assumptions: • City will locate, provide access, and access equipment to all manholes as needed. • City will make available, in a timely manner, all records and pertinent information including archival records, video tapes and television logs of sewer pipe, domestic water consumption records, and lift station access, GIS mapping and pumping records. • City will perform collection system cleaning as needed to support the investigation tasks listed in the work scope. The project cost for the work plan described under this proposal includes all project expenses including flow meter equipment rental and supplies to support the flow monitoring such as batteries, etc. The cost breakdown by task for the work scope items in this proposal is provided in the attached spreadsheet. The cost of each project phase is as follows: Phase 1 -Base Flow Monitoring $23,800 Phase 2 -Wet Weather Flow Monitoring $24,000 Phase 3 -Sanitary Sewer Model Development $22,400 Phase 4 -Evaluation of Existing Sanitary Sewer Collection System $19,700 Project invoices would be prepared monthly along with a progress report identifying the work completed each month and an update on the project schedule. If you have any questions or comments related to this project, please feel free to call Kirby at 651.490.2144. We look forward to working Frith the City of Richfield on this project. Sincerely, Kirby Van Note, PE Project Manager Accepted on this day of , 2008 City o f Rich field By: Name Title ~~,9~v I 9~5,~~~ 5~C-'7 RE: Design Peak Flow Exceedance July & August, 2007 Event(s) Dear Mr. Eastling: The Metropolitan Council adopted an UI Surcharge Program on February 8 2006, which places a surcharge on a community's municipal wastewater charge when a community exceeds their UI Goal (maximum hourly discharge limit). An UI Procedure Manual was adopted in May of 2006 and was sent to your community immediately after its adoption. Copies of the current UI Surcharge Procedure Manual can be found on the Metropolitan Council's website at: www.metrocouncil.or~ along with a list of communities having an UI surcharge. According to adopted procedures, the Metropolitan Council Environmental Services (MCES) will notify metropolitan communities served by the Metropolitan Disposal System (MDS), when flows generated within your community exceed the UI goals set for your community. The design parameters used by the MCES in the construction of the regional conveyance system were established as the UI goal for each community. Attached is a copy of a flow chart(s) for the subject event(s). Your community, either in part or in entirety, • exceeded the UI limit during these events. The MCES has determined that your community's exceedance(s) were as follows: 1.42 Million Gallons per Day (MGD) and occurred at 3:OOam on 8/14/2007 It is important to note that exceedances occurring after June 30, 2007 will be applied to surcharges in 2009. Existing surcharges were established through monitoring storm event responses for the period June 1, 2004 through June 30, 2006 for the establishment of the origina12007 surcharges, and July 1, 2006 through June 30, 2007 for the 2008 surcharges. Any events which create exceedances greater than ones measured through June 30; 2007 will be added to the current surcharge. The deadline for local UI mitigation has not been extended. The completion deadline for all I/I work is still December 31, ZO11. This excludes those communities that qualify for the 25% cap provision as explained under Section 4.2.5 of the UI Surcharge Procedure Manual. Maximum peak exceedances for each community can be found on the Pvietropolitan Council's L~ website. If you have any questions regarding the attached chart, the aforementioned manual, or data that the MCES may have regarding your community's flow discharges to the MDS, please don't hesitate to call me at (651) 602-1151. Sincerely, Kyle~If. Colvin, PE ~ t Assistant Manager, Engineering & Planning Group Enclosure(s) cc: Russell Susag, Metropolitan Council Representative, District 5 Bill Cook, Manager, Engineering and Planning Bill Moeller, Assistant General Manager, Interceptor Services «v/w. metrocouncil. org 35A ~©berk ~txeet North • St. Paul, MN 55101-1805 • (651) 602-1005 Fax (651) 602-1477 • 'I"TY (651) 291-0904 .4n Equal Opportunity Employer • ~c-- ~ 3 rn 00 O MGD N O O O N -p O ~ O O N ~ O ~ 00 O ~ O ~ O O ~ \ N -~ O O y O O ~ O ~ O p v • ~ ~ N -~ O O ~ o .~ O N 00 ~~ N ~ O 0 o ~ o~ O W O O 1 N ~ O O ~ ~7 r ~ -~ m o r ~ v D ~ W w O ~ ~ m ~ ~ O~0 D "~' 3 N t~ ~..i D r 00 o o~ ~~ N -' O O O O ~ O ~ O p C. N ~ O ~ O O • Map Document: 12/3012008 - 11 mS' G~ 3~ ~g ~~ z 1 s~ ~E ~~ A~ ~ a ~ a~ ~~°~a z~ ~s © N~myZ ~0 m m oo~rn~~ 8~ x ~ oo" ~- m ' S o n wc~'pAZn G ~ o° cNnNO~nz 8 3 oinn"m 8 ~o°ooA o O ~ A 8 6 g Z g V K ~ "D 3 ~, O S ~ ~, O) .Z_7 ~ ~ ,(~, a ~ ~ ~ T_ jV O_ O O ~' ~ V 8 9 n -~ ~ ~~ -~~ ~ ~~~ ~: ~ ~,• ~~~ ~~ ~ ~ ~~~ °~~ ~~ O '~ W ~ ~~ -----i ~-1,~-A • • 11 xflL111 x17LSld 1.mxd) -- -- _-. ~ 3 l CLI~lLlllll 0 0 _d_._.__ ~ ^ ... _,..., a a (n Z m = a~ ~- - ~: ~_ --~ ^~ ~~~ ~~ m 3 C7 _ --.. C C _ WJJ_Jyl~ ~ .. N _ ®_ mm® A ~ ®~ _ ~ ~ Ill_l1LL.-L11J~ ~_ L..ILJ~1 __.~_ f _---~-_Lf.l.~.l._ .. ,. .. .. - ~ T ,. ~ -., - ~~ ~ s .. D - ~ .. v ~ o ^~ m - D c7 "' z I I ~ ~ ' -vr ~ ~ ~ ~m 3 v o 0 0 0~~~ -n m a 0 0 o cN11 0 o C7 ~ ~ ~ 'G o ~ ~ ~ m o. ~ ~ 'n 0 0 0 0~~~~ o 0 o cNi, ~ n. ~ ~ ~ '0 v' rn 0 n ,o • AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING • JANUARY 27, 2009 CONSENT SD 22 REPORT PREPARED BY: DEPARTMENT DIIZECTOR REVIEW: REVIEWED BY CITY MANAGER: THOMAS FOLEY, TRANSPORTATION ENGINEER NanrE, TrTtc ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving an amendment to Agency Agreement 93497 with Minnesota Department of Transportation to relocate private utilities as part of the Lyndale Avenue Bridge Project. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing approval of Amendment No. 1 to Agency Agreement No. 93497 between The Minnesota Department of Transportation (Mn/DOT) and the City of Richfield to relocate utilities as part of the Lyndale Avenue Bridge Over I-494 Pro II. BACKGROUND On October 14, 2008 the Council approved Agency Agreement 93497 with the Minnesota Department of Transportation to obtain $225,000 in federal funds to pay private utility companies such as Qwest, Centerpoint Energy, Comcast and Xcel to relocate their utility lines out of the way of the construction of the new Lyndale Avenue Bridge. • Since then, cost estimates from the private utility companies have shown that actual costs will exceed the original cost estimate of $225,000. Mn/DOT and the City have no control over the cost estimates supplied by the utility companies. The utility companies prepare utility relocation plans, contract for the work, and then request payment from the City. The utility companies only recently supplied the updated 0127Utility Relocation Amendment estimated costs. The amendment will increase federal funds by $375,000 so that the City will have $600,000 in federal funds to cover the cost of relocating the private utility lines. III. BASIS OF RECOMMENDATION A. POLICY • The City's Comprehensive Plan identifies the need to rebuild I-494 including the Lyndale Avenue Bridge. B. CRITICAL ISSUES • The City needs additional federal funds to hire the private utility companies to perform the necessary utility relocation work on the Lyndale Avenue Bridge Project on schedule. C. FINANCIAL • The original agreement had $225,000 of federal funds to pay 100% of the relocation cost of private utilities. The amendment will increase that amount to $600,000 in federal funds commensurate with current. cost estimates for the utility work. • D. LEGAL • The City Attorney will be available to answer questions. E. ENVIRONMENTAL CONSIDERATIONS • Construction of the Lyndale Avenue Bridge has already received all state and federal environmental approvals. IV. ALTERNATNE RECOMMENDATION(S~ • None V. ATTACHMENTS • Resolution • Amendment No. 1 to Mn/DOT Agreement 93497 • Lyndale Avenue Bridge over I-494 Layout VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated • ~~.D~I RESOLUTION NO. RESOLUTION AUTHORIZING APPROVAL OF AMENDMENT NO. 1 TO AGENCY AGREEMENT NO. 93497 BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF RICHFIELD TO RELOCATE UTILITIES AS PART OF THE LYNDALE AVENUE BRIDGE OVER I-494 PROJECT. WHEREAS, the City of Richfield desires to replace the Lyndale Avenue Bridge over I-494; and WHEREAS, the construction of the Lyndale Avenue Bridge will require the relocation of certain private utilities to make way for the new bridge; and WHEREAS, the City of Richfield wishes to use federal highway funds to finance the relocation of private utilities the Lyndale Avenue Bridge over I-494. NOW, THEREFORE, BE IT RESOLVED that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Richfield to accept as its agent, federal aid funds which may be made available for eligible transportation related projects; and, BE IT FURTHER RESOLVED, that the Mayor and the City Manager are hereby • authorized and directed for and on behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Amendment No. 1 to Agency Agreement No. 93497," a copy of which said agreement was before the City Council and which is made a part hereof by reference. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of January, 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • ` Mn/DOT Agreement No. _93497_ ~~ AMENDMENT NO. 1 TO Mn/DOT AGREEMENT NO. 93497 ~'eement Start Date: 9/17/2008 Total Agreement Amount: $ _600,000.00 ~iginal Agreement Expiration Date: 11/04/2013 Original Agreement Amount: $ 225,000.00 Current Agreement Expiration Date: 11/04/2013 Previous Amendment(s) Total: $ 0.00 iration Date: 11/04/2013 reement Ex New A Current Amendment Amount: $ 375,000.00 p g Federal Project Number: TA05 MN90(102) State Project Number (SP): 157-363-28 Project Identification: Lyndale Avenue/I-494 Interchange Reconstruction Utility Relocation This Amendment is by and between the State of Minnesota, through its Commissioner of Transportation ("Mn/DOT") and the City of Richfield ("City"). Recitals 1. Mn/DOT has a Agreement with City identified as Mn/DOT Agreement Number 93497_ ("Original Agreement"). This agreement allows Mn/DOT to act as agent for the City of Richfield in accepting federal funds for the Utility relocation costs associated with the Lyndale Avenue/ Interstate 494 reconstruction. 2. This agreement is being amended to reflect increased costs for utility relocation for this project. 3. Mn/DOT and City are willing to amend the Original Agreement as stated below. Agreement Amendment In this Amendment deleted Agreement terms will bey and the added Agreement terms will be bolded and derlined. REVISION 1. I.B. is amended as follows: ELIGIBILITY /COSTS. The estimated cost of the FORCE ACCOUNT is ~3-,$A8 $600,000. REVISION 2. I.B.1. is amended as follows: It is anticipated that 100% (up to $2-2-899 $600,000) of the cost of the FORCE ACCOUNT is to be paid from federal funds made available by the FHWA. The City will pay any part of the cost or expense of the work that the FHWA does not pay. REVISION 3. I.B.6. is amended as follows: For costs expected to exceed ~S,$88 $600,000, the City must request the preparation and execution of a supplement to this agreement, prior to incurring such costs. The terms of the Original Agreement and all previous Amendments are expressly reaffirmed and remain in full force and effect. The Original Agreement and all previous Amendments are incorporated into this Agreement by reference. Except as amended herein, the terms and conditions of the Original Agreement and all previous Amendments remain in full force and effect. THE BALANCE OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK LJ -1- (CSS Reviewed 9/19/2008) ' ~ ~ p .-3 Mi~/DOT"A~r~eet~ent No_ 93497 CITY DEPARTMENT OF TRANSPORTATION City certifies that the appropriate person(s) have executed Individual certifies that the applicable provisions of Minnesota Statutes ~e Amendment on behalf of City as required by applicable articles, § 16C.08 subdivisions 2 and 3 are reaffirmed laws or resolutions. By: BY~ Title: Debbie Goettel , Mayor' Title: State Aid Engineer Date: By: COMMISSIONER OF ADMINISTRATION Title: Steven ~ D~y~G~~ G~~~-i~a~~.ger By' • • Date: ' -2- (CSS Reviewed 9/19/2008) • C, 0 J C W p ~ ~ ~ J m ~ `W I Q W a °z J r .:. W~ 1~ ~~ ~. p ~ r- n ~ ~o ~Q-~( -3~-~. ~ _Y~ --,~__ _ ;~ I `~--,~ . ~ •C :~~_ _~~~ ~~~ ~ ~' '~~ ~jr . P J J~ y:. .~ ~ ~~ `F ,Q' ~ f~_ ¢ "~ : . I~~I ~ ~ ~ i M` ~ ~~ m' e * ~; ~ h ~~ ~ ~- w i 4 ~ ~ ~ ~~~ ~. '9 * ~ ~! :1 ° 1 .~ i ... .~ r ~~ ' ~ 1, ~' '~ # # ~ ~ ~- ~. I ~ I ~ ~ ~ ~ _! ,~, ,~ l i ~~ :' ___ ~~~ .~ ~~~# ~E 4~ i ;~ ~~ ~ ~~ p ~ ~ ~-~ q~F4 ~ d~~ * ~ a ~~ ~,,..~ ~ + +r ~ U M I 1. ~ ~ ~i ~~ ....~.: -<< ~ ~ i F pit: ~ + * °~°`+ 1~ i s ~ ~ ~F ,,r„}~. i e ~~~~~~~ '"'~' +r ifs i= r" ~` * +~ ~ ~ +t ~ ~ ~ .. - ' `.~ » r i ~ _ ~A. r~ ti N O AGENDA SECTION: • AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING .TANUARY 27, 2009 CONSENT 5E 23 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NanfE. Tirc,E • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: r, i ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of 2009 business licenses for 3.2 percent malt liquor sales and licenses to do business in Richfield. I. RECOMMENDED ACTION: By Motion: • Approve the 2009 renewal of named business licenses for 3.2 percent malt liquor sales; and • Approve licenses to operate named businesses in the City of Richfield. • II. BACKGROUND The below listed businesses have not been required to have a staff report prepared in the past, nor is there a requirement for a public hearing to be held for renewal of these types of licenses. Staff has presented a report for each business at the time that they originally applied for and received Council approval to operate their businesses or to sell malt liquor at their businesses in the City of Richfield. For the sake of preserving time, the license renewal requests were placed on the consent calendar. However, a staff report is presented to the City Council for informational purposes. 0127 2009 Business Licenses and 3.2 Malt Liquor Licenses Renewal The businesses named below with the corresponding licenses are presented for Council approval on this date. Licenses to Operate in Richfield • Airport Taxi - 11 vehicles • A New Star Limousine & Taxi Service -10 vehicles • Suburban Taxi Corporation - 5 vehicles • Gold Star Taxi - 27 vehicles • Black & White Taxi - 5 vehicles • Latino Express - 10 vehicles • La Mexicana Express - 8 vehicles • Bloomington City Taxi - 5 vehicles • Twin Cities Airport Taxi - 13 vehicles • Paul's Rentals & Sales: Trailers and Trucks Rental License to Sell 3.2 Percent Malt Liquor • Airport Bowl - On-Sale • Aldi Foods -Off-Sale • Davanni's Pizza - On-Sale • EI Jalapeno -Off-Sale • Kwik Way Foods -Off Sale • • Lariat Lanes - On-Sale RBF Corporation of Wisconsin (Rainbow Foods) -Off-Sale • Richfield Mobil Mart -Off-Sale • Sandy's Tavern - On-Sale • SuperAmerica #4186 -Off-Sale • SuperAmerica #4188 -Off-Sale • SuperAmerica #4191 -Off-Sale • SuperAmerica #4615 -Off-Sale • Vina Restaurant - On-Sale III. BASIS OF RECOMMENDATION A. POLICY • All businesses must annually request renewal of their licenses to the City Council • Businesses must meet the set requirements for renewal of their licenses. B. CRITICAL ISSUES • All license fees must be paid and application forms submitted in order to be considered for license renewal. i C. FINANCIAL • All businesses listed have met the requirements and paid the required fees. D. LEGAL • N/A E. ENVIRONMENTAL CONCERNS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None; however, businesses have been notified of the date of presentation to • the City Council. • AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT OTHER BIISINESS 7 24 CITY COUNCIL MEETING JANUARY 27, 2009 REPORT PREPARED BY: KAREN BARYON, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR • • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Discuss and provide direction to staff regarding proposed public financing in the amount of $8,700,000 in combined 429 Bonding, Tax Increment Financing and Fannie Mae Community Express Loan funds secured by the City of Richfield, to assist in the development of Cedar Point Phase II and to construct a aortion of Richfield Parkway. I. RECOMMENDED ACTION: No Formal Action Required. Discuss and provide direction to staff regarding proposed public financing in the amount of $8,700,000 in .combined 429 Bonding, Tax Increment Financing and Fannie Mae Community Express Loan funds secured by the City of Richfield, to assist in the development of Cedar Point Phase II and to construct a portion of Richfield Parkwav. II. BACKGROUND The Cedar Point Phase II area is located between 63rd and 65th Streets and between 16th and 17th Avenues (directly west of the Cedar Point retail development). This area is in the low frequency noise impact area and has been identified by policymakers as a high priority for redevelopment. At the January 14, 2008 meeting of the Housing and Redevelopment Authority (HRA), the HRA directed staff to continue working with Susee/LaNel (Developer) for the development of a senior housing project on the site. 012709 Cedar Point Phase II Public Financing • In May the HRA and the City Council approved the conceptual financial deal points for the proposed development by Susee/LaNel. Staff then began the process of finalizing the deal points and memorializing them in a Contract for Private Development (CPD) with Susee/LaNel. As the process continued, the turmoil and volatility of the financial markets combined with skyrocketing fuel costs, created a significant. gap in the developers pro-forma amounting to approximately $1.2 million. Additionally, discussions with an appraiser led staff to conclude that the City/HRA payment to the developer for the right-of-way would need to be decreased. At that point, staff and the developer were forced to step back and attempt to address this financing gap if the development was to move forward. Staff presented several public financing possibilities to the HRA on November 3, 2008 at a Special Worksession. Subsequently, the HRA directed staff to pursue one of the options presented and bring back a recommendation to the HRA at their December 15, 2008 meeting. The HRA approved the proposed public financing concept at their December 15, 2008 meeting and requested staff to bring the proposal to the City Council for consideration in January. The deal points of the proposed public financing .are as follows: • Acquisition of Properties The Developer will be responsible for the acquisition and assembly of the 29 homes in the redevelopment area. Construction and Land Acquisition for Richfield Parkway between 63rd and 65th Streets The City will issue approximately $2,600,000* in 429 Special Assessment Bonds. a. $1,100,000 of the bond proceeds will be used for construction and stormwater costs of Richfield Parkway between 63rd and 66th Streets. b. Approximately $1,500,000* (or the actual appraised value) of the bond proceeds will be used to purchase 25 feet of right-of-way from the Developer for the portion of Richfield Parkway between 63rd and 66th Streets. c. The development will be assessed 20% of the bond costs ($520,000) over the life of the bond (i.e., 20 years). d. The remainder of the debt service on the 429 bonds will be paid through the general obligation of the City. e. The impact of this debt service on a Richfield household at current tax and class rates would be as follows: U Assessed House Value Annual Tax Impact $200,000 $ 10.30 $225,000 $ 11.59 $250,000 $ 12.88 . Five-Year Fannie Mae Community Express Loan to the Developer The City will also secure a Fannie Mae Community Express Loan in the amount of $3,800,000* and would in turn loan the funds to the Developer for the project. a) The Fannie Mae loan would be secured by taxable Tax Increment General Obligation (TIF G.O.) bonds pledged (but not initially issued) by the City; b) The City would secure the loan to the Developer through a mortgage on the property and assignment of rents and dividends in the event of default by the Developer. The mortgage would be payable in full in year five of the loan. c) The Developer would be responsible to make any and all interest payments on the Fannie Mae loan during its five year life. d) The Fannie Mae loan requires a balloon payment (payment in full) in year five. e) The City would retire the Fannie Mae debt with the proceeds from the Developer's repayment of the mortgage. f) In the event of default by the Developer, the City would be required to pay off the Fannie Mae loan in full utilizing the proceeds of a TIF G.O. bond. This bond would be serviced through Pay-as-you-go TIF proceeds, by foreclosure on the HRA's mortgage (see b -above) and drawing on any other form of security posted by the Developer.. In the event that these sources are insufficient to service the bond, then the City's general obligation would be • required to make any remaining debt service on the bond. g) The amount of the loan ($3,800,000) assumes the value of the right-of-way to be purchased from the Developer at $1,500,000. If the actual appraised value differs, then the Fannie Mae loan would need to be adjusted proportionately to make up the difference. Pledge of Tax Increment Financing to the Developer Assuming the Developer does not default and the Fannie Mae debt is retired through repayment of the mortgage, thereafter 90% of the available tax increment generated by the development would be pledged to the Developer on a "pay-as-you-go" basis, with the HRA retaining 10% for administrative costs. The "pay-as-you-go" TIF has an estimated present value of $2,300,000 based on current value, tax and inflation adjustments. The TIF would not be pledged to the Developer until they have retired the Fannie Mae loan. At that point, the Developer would receive any TIF that had been generated during the five-year loan period, plus annual TIF payments for the remainder of the TIF District (an additional 19 years). *Council should be aware that the actual amounts financed through the 429 bonds and the Fannie Mae loan may increase or decrease proportionately based on the actual appraised value of the right-of-way. • . III. BASIS OF RECOMMENDATION A. POLICY • The City has identified a Low Frequency Noise Impact area in the northeast corner of Richfield where the negative impacts of low frequency noise will exceed the tolerances of existing housing. • Federal funding for property acquisition in this area has been expended. • Redevelopment planning efforts have identified the Cedar Point Phase II area as ideal for multi-family senior housing. B. CRITICAL ISSUES • The City would be wholly liable for repayment of the Fannie Mae debt in the event of default by the Developer. • This proposed public financing scenario provides for the construction of the Richfield Parkway. • The financing strategies assume the Developer will be able to successfully negotiate the purchase of all 29 properties in the development area. Should they be unable to accomplish this task, the Developer can choose to abandon the project. • Since the TIF District in which the proposed project is located was • established in 2005, each year that passes further diminishes the available tax increment generated by the district. • Due to the state of the economy and increased development costs, an additional gap emerged in the Developers pro-forma. • Because of the high cost of assembling the private property and development financing, the Developer has indicated a need for public assistance. • For the development to proceed as proscribed, the Richfield City Council must approve the public financing component. • On December 15, 2008 the HRA approved the proposed public financing concept and recommended the City Council considers approval of the public financing. C. FINANCIAL • Due to the high cost to assemble the property, the Developer has identified a need for public assistance. • The Developer will be required to repay the City through debt-service, Special Assessment payments, and through a note secured by a mortgage on the property to be repaid in full at a future date, with interest. • The HRA's financial analyst, Ehlers and Associates has participated in these financing strategy discussions and drafting of the alternatives. D. LEGAL • HRA legal counsel has participated in the negotiating and drafting of the financing alternatives in conjunction with City staff and the Developer. E. ENVIRONMENTAL CONSIDERATIONS • Green building components and sustainable building practices will be incorporated into the development as practicable. IV. ALTERNATNE RECOMMENDATION~S~ • Direct Staff to pursue the proposed public financing and bring back to Council at a later date for action; • Direct Staff to pursue the proposed public financing with changes and bring back to Council at a later date for action; • Direct staff to schedule a Council Work session to discuss this financing concept further. • Direct Staff to pursue alternative public financing options; • Direct Staff to abandon proposed project. • V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representatives of the Developer • John Dean, HRA Legal Counsel • Rebecca Kurtz, Ehlers and Associates Financial Advisors • • AGENDA SECTION: AGENDA ITEM # REPORT # ~' STAFF REPORT PROP. ORDINANCE 8 25 CITY COUNCIL MEETING JANUARY 27, 2009 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a second reading of the changes to the General Building and Performance Standards Section of the Zoning Code. Proposed changes are related to exterior lighting requirements and telecommunication tower and antenna standards. I. RECOMMENDED ACTION: By Motion: • Approve an amendment to Richfield City Code Subsections 544.09 and 544.25 related to exterior lighting and telecommunication towers and antennas. • Approve the attached resolution authorizing summary publication of an ordinance amendment related to exterior lighting and telecommunication towers and antennas. • II. BACKGROUND The City Council approved a revised and updated Zoning Code on November 13, 2007. Prior to this update, the zoning ordinances had not been thoroughly reviewed and/or updated since 1999. In an effort to avoid another multi-year project to update the Code, staff intends to periodically review each section and propose amendments as needs are identified. Over the course of the last year, staff has identified two subsections of the General Building and Performance Standards Section of the Code that are in need of 012709 - 2nd read -Ord Amend/sum pub lighting & telecom. tower MELISSA POEHLMAN, CITY PLANNER revision. Specifically subsections related to exterior lighting and telecommunication • towers have proved difficult to understand and implement. The proposed amendments seek to simplify and clarify regulations, as opposed to making major policy changes. Subsection 544.09 -Exterior lighting In 2007 lighting standards for commercial and multi-family residential projects were significantly enhanced from the previous 1999 Code. Many of the standards adopted came directly from the Mixed Use Districts and were originally prepared as apart of the 1-494 Corridor Study. As staff attempted to enforce these regulations, a number of difficulties became apparent. For instance, the measurement procedures prescribed were not standard and posed .problems for contractors submitting illumination plans. Ambiguous definitions also proved to be a problem. Following discussions with the consultant who had initially proposed these. regulations and Public Safety and Building Inspections staff the attached amendments were drafted. The changes seek to balance public safety and aesthetics, clarify language and standardize procedures for measurement. Staff also reviewed the code requirements of Bloomington and Golden Valley as a comparison. Subsection 544.25 -Telecommunication towers and antennas The goal of the 2007 revisions to the telecommunication tower regulations was to • update antiquated language and to compile all relevant information into a single area of the Code. While these goals were achieved, staff has found that the organization of this subsection makes it difficult to navigate. Specifically, tower and antenna standards are not clearly differentiated, making it difficult to interpret which regulations apply in a specific case. Although they look extensive, proposed changes are almost entirely related to these organizational issues and simply move text from one area of the subsection to another. The only proposed substantive change is to add a "drop zone" regulation that will require towers to maintain a minimum distance from any residential structure equal to twice the height of the tower. itself. As in the case of exterior lighting standards, the codes of surrounding communities were used as a comparison. III. -BASIS OF RECOMMENDATION A. POLICY • The rules and regulations of a city's zoning code are meant to protect health, safety and welfare, but zoning codes-also provided tools with which a city moves closer to its vision for the future, as presented by the Comprehensive Plan. • Staff continually works to identify areas of the Code that are in need of • updating or that prove difficult to interpret. • In instances when the full text of an amendment is cumbersome and the expense of publication of the full text is not justified, the City is permitted to publish a summary of the approved amendment. B. CRITICAL ISSUES . The proposed revisions are intended to clarify language and reorganize subsections into a format that is accessible to all interested parties. • On November 24, 2008 the Planning Commission unanimously recommended approval of the attached ordinance amendments (8-0). • The verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. The Council may publish a summary that clearly informs the public of the intent and effect of the bill C. FINANCIAL ~• N/A D. LEGAL • NOTIFICATION: A public hearing was conducted before the Planning Commission on November 24, 2008. Notification of the hearing was provided iri accordance with City and State requirements. • If approved, these amendments will take effect 30 days following publication in the Sun Current Newspaper E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Recommend approval of the proposed amendments with additional changes. • Recommend denial of the proposed amendments V. ATTACHMENTS - • Ordinance • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A • 8-~ BILL NO. AMENDMENT TO RICHFIELD CITY CODE SUBSECTIONS 544.09 AND 544.25 .RELATED TO EXTERIOR LIGHTING AND TELECOMMUNICATION TOWERS AND ANTENNAS THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Sec. 2 • Sec. 3 Sec. 4 Subsection 544.09, subdivision 2 of the Richfield City Code is amended to read as follows: Subd. 2. Mitigative measures shall be employed to limit glare and spill light to protect neighboring parcels and to maintain traffic and pedestrian safety on public streets and sidewalks. .Illumination cast from lighting of the subject one m the centenme of a public street or residential property line. these-Mitigative measures shall include lenses, shields, louvers, prismatic control devices and limitations on the height and type of fixtures. Subsection 544.09, subdivision 8 of the Richfield City Code is amended to read as follows: Subd. 8. Lighting fixtures mounted directly on structures shall be permitted when utilized to enhance. specific architectural elements or to help establish scale or provide visual interest, except as otherwise noted in Subdivisions 9 and 10. Subsection 544.09, subdivision 9 of the Richfield City Code is amended to read as follows: Subd. 9. "Wall paks" shall be permitted only in loading and service areas and shall be down-li 'Subsection 544.09, subdivision 12 of the Richfield City Code is amended to read as follows: h~l ~iriP~A/alkc 7 fl fnnt-ranrilac Pl Ramnc ~ n fnnt_r_anrllac fl Stai nia is .ri (1 font-ranrtlac hT.; ~niait._. ~n.~~eas 1 0 foot-c2n~iP~ it Parkins Intc 1 (1 fnnt_rtanrilPc ~~ Rnarl\e~a~ic 1 ~ fnnt_rtanrtlPc *\/ali iac nivan ara in minima im avaranari maintainarl hnri~nntal fnnt_ • • FAif rinnl ut shall meet hborhoods or public 012709 - 2nd read -Ord Amend/sum pub lighting & telecom. tower illumination shy ~~ h~ mainTaned f~~ =~~h of hhp GPp~iFc Incafinne*• ®~~ fined by the City. Specific requirements are . properties. Illumination measurements shall be taKen meter horizontally at ground level. / exits: Com m - 5.0 Minimum -10.0 fc within 5 feet of the entrance /exit Seca 5 Subsection 544.25 of the Richfield City Code is amended to read as follows: 544.25. Telecommunication Towers and antennas. Subdivision 1. In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the Council finds that these regulations are necessary in order to: a) Facilitate the provision of wireless telecommunication services to the residents and businesses of the City; . b) Minimize adverse visual effects of towers through careful design and sitting standards; c) Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and d) Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. Subd. 2. Permits. alt shall be unlawful for any person, firm, or corporation to erect, construct in place, place or re-erect,- replace, or repair any tower without first making application to the Department of Community Development and securing athe required zoning and building permits r..~_Subd. 3. Exemptions. Permits are not required for: a) Adjustment or replacement of the elements of an antenna array affixed to a tower or antenna, provided that replacement does not reduce the safety factor. b) Antennae and/or towers erected temporarily for test purposes, for emergency communication, or for broadcast remote pick-up operations. ~-3 Temporary antennae shall be removed within 72 hours following installation. Subd. 4. Submittal Requirements. The applicant shall provide at the time of application sufficient information to indicate that construction, installation, and maintenance of the antenna and tower will not create a safety hazard or damage to the property of other persons In addition to the information required elsewhere in this Code development applications for towers shall include the following supplemental information: a) A report from a qualified and licensed professional engineer which: Describes the tower height and design including a cross section and elevation; ii. Documents the height above grade for all potential mounting positions for co- located antennas and the minimum separation distances between antennas; -iii. Describes the tower's capacity, including the number and type of antennas .that it can accommodate; iv. Documents what steps the applicant will take to avoid interference with established public safety telecommunications; v. Fncludes an engineer's stamp and registration number; and, vi. Includes other information necessary to evaluate the request. b) For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of • the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. c) Before the issuance of a building permit, the following supplemental information shall be submitted: Proof that the proposed tower complies with regulations administered b Federal Aviation Administration; and, ii. A report from a qualified and licensed professional engineer which demonstrates the tower's compliance with the aforementioned structural and electrical standards. d) All abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless the Director approves a time extension. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the City and the costs of removal assessed_aganst the property. Subd. 35. Towers in Residential Zoning Districts. Towers shall be allowed only in the following residentially zoned areas: a) Towers supporting amateur radio antennas and conforming to all applicable provisions of this Code shall be allowed only in the rear yard of residentially zoned parcels. b Towers su ortin commercial a~en as and conforming to all applicable pp 9 provisions of this Code shall be allowed only in the following residentially zoned locations: • i. Church sites, when camouflaged as steeples or bell towers; ii. Park sites, when compatible with the nature of the park; and, iii. Government, school, utility, and institutional sites, not including the public rig ht-of-way. Subd. 56. Co-Location Requirements. All commercial wireless telecommunication towers erected, constructed, or located within the City shall comply with the following requirements: a) A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the City Council finds that the telecommunications equipment planned-for the proposed tower cannot be accommodated on an existing or approved tower or building within a one mile search radius (one half mile search radius for towers under 120 feet in height, one quarter mile search radius for towers under 80 feet in height) of the proposed tower due to one or more of the following reasons: • i. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be . reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. ii. The planned equipment would cause.interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost. iii. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer. iv. Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building. b) Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least 2 additional users if the tower is over 100 feet in height or for at least 1 additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at • varying heights. Subd. S7. Tower and AntAnna Design Requirements. Proposed or modified towers and attached antennas shall meet the following design requirements. 8-~ a) Towers and antennas shall bedesigned o blend into the surrounding environment through the use of color and camouflaging architectural treatment, .except in instances where the color is.dictated by federal or state authorities such as the Federal Aviation Administration. b) Commercial wireless telecommunication service towers shall be of a monopole design unless the City Council determines that an alternative design would better blend into the surrounding environment. Subd. Z8. Tower Setbacks. Towers shall conform to each of the following minimum setback requirements: a) Towers shall meet the setbacks of the underlying zoning district with the exception of industrial zoning districts, where towers may encroach into the rear setback area, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements. b) Towers shall maintain a minimum distance from the nearest residential structure equal to twice the height of the tower. .b~Towers shall not be located between a principal structure and a public street, with the following exceptions: i. In industrial zoning districts, towers may be placed within a side yard abutting an internal industrial street. ii. On sites abutted by public streets on all sides, towers may be placed within a • side yard abutting a local street. cd~A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard,.power line support device, or similar structure. Subd. $9. Tower Height. The height of a telecommunication tower and antenna shall be measured as the distance from ground level to the highest point on the tower, including the antenna. a) In all residential property, the maximum height of any tower inrlg_.aA shall be 30 feet. b) In all residential. zoning districts other than designated residential property, the maximum height of any tower shall not exceed one foot for each four feet the tower is setback from designated residential property up to a maximum height of 75 feet. c) In all non-residential zoning districts, the maximum height of any towerTincluding shall not exceed one foot for each two feet the tower is setback from designated residential property up to a maximum . height of 75 feet in non-industrial zoning districts and 100 feet in industrial zoning districts. d) In accordance with the Federal Communications Commission's preemptive ruling PRB1, towers and antennas erected for the primary purpose of supporting r /~ W amateur radio communications may exceed the height restrictions of (3), above, but shall not.exceed 65 feet in height. e) In addition to the height limitations noted above, no tower shall be constructed or changed so as to project above any Airspace SurFace as shown on MSP Zoning Map Airspace Zones of the MSP Zoning Ordinance. Subd. 510. Tower Lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. Subd. 1II1. Signs and Advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited. Subd. 112. Associated Equipment. Ground equipment associated with a tower or wireless telecommunications facility shall be screened by vegetative or other screening compatible with the surrounding environment if deemed necessary by the Director or designee. When associated ground equipment is housed in a building or structure, that building or structure shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground equipment associated with a wireless telecommunications facility may be located on residentially used property only within a utility easement adjacent to the public right-of--way, except in the multi-family zoning districts where . ground equipment associated with a wireless telecommunications facility may also be located within a code complying building or structure after receiving the approvals required by this Code. Subd. 123. Antennas Mounted on Roofs, Walls, and Existing Towers. The placement of wireless telecommunication antennas on roofs, walls, and existing towers may be approved by the Director, provided the antennas meet the requirements of this-Code, after submittal of 1) a site and building plan and 2) a report prepared by a qualified and licensed professional engineer indicating the existing structure or tower's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings, and the precise point of attachment shall be indicated. Antennas shall be mounted on-the facade of the building or penthouse structure unless the Director or designee determines that another antenna mounting location decreases the visual impact of the antennas. All roof-mounted equipment shall be screened from view. • `~]ncrrihoc the tnu Pr hai9h} ~nrl riccinn inrli viinn caMinn and 2~EU2t100, flnr Pike ihc~c nht ~hrLVP C~f2(~P for ~1~OtPntinl mni ~ntin9 ~nei}inne fnr rn_ Inca+o~ ~„+o~ ~„~She mini,,,u..+ Sep ~:,s~~ ,~~~r~~~o~ non„oo., ~„ro~ V r~ 1 1 ~, Inrliirl~c an anninaarc damn and rP ar• an ii Inch irlac nthar information na[`Pecani to a~iali rata tha ra~,i fact !~,~ All ab~drLe~+ ^ ^~ sed fiNrM'^~+' ^~ 2tad f~r'~'t'A~ sh~u ho ~o^+^~~~n ^*hin 12 months tfh atinn of ope 2f' r rh~c'r i +t, n rr time e t ~ +ha event that ~ r ant rem e~ '}h• ~ ~ +h t rn r' pt ~p +~.,~ ~f ~ ~ re the tns:e~ ~~~+ ~~~^~ atad fay r+'P~ ^+=LY ho rommicri h~i 4ha (ifv a~~ }ho rnete of romrnial aee mrl ~nninM the nmroriv Subd. 14. Antenna Design and Mounts. Applicants shall use antenna designs and mounts that minimize visual- impact. Subd. 15. Co-location in the Public Right-of-Way. Wireless telecommunication facilities and antennas may co-locate with existing poles or towers in the City, County, or State right-of-way within any zoning district. Subd. 1a6. Maintenance and Inspections.- Tower and antenna finish and paint shall be maintained in good condition, free from rust, graffiti, peeling paint, or other blemish. a) All towers may be inspected at least once each year by an official of the Building and Inspection Division to determine compliance with original construction standards. Deviation from original construction for which a permit is obtained constitutes a violation of this Sec#ion. b) Notice of violations will be sent by registered mail to the owner and he will have 30 days from the date the notification is issued to make repairs. The owner will notify the Building and Inspection Division that the repairs have been made, and as soon as possible thereafter, another inspection will be made and the owner notified of the results. ~' Subd. 1fi7. Variances. The following standards apply to variance requests for towers, antennas, or wireless telecommunication facilities. a) The City Council shall consider the following issues in addition to the variance findings required in Section 547.11 of this Code. i. The viability of Code complying alternative locations for the proposed tower, antenna, or wireless telecommunication facility. ii. The. impacts of the tower, antenna, or wireless telecommunication facility at the proposed site relative to the impacts of the tower, antenna, or wireless telecommunication facility at a Code complying alternative location. iii. The extent to which there is a significant gap in coverage surrounding the proposed tower, antenna, or wireless telecommunication facility or other evidence of inadequate service due to antenna location. iv. The extent to which the proposed tower, antenna, or wireless telecommunication facility is the Feast intrusive, lowest impact design available. v. The extent to which the height of the proposed tower, antenna, or wireless telecommunication facility could be reduced and still provides adequate coverage. vi. The extent to which the size of the proposed accessory equipment could be reduced. vii. The feasibility of placing the proposed accessory equipment underground. b) The applicant shall pay the reasonable cost of the City retaining a qualified, • independent radio frequency engineer to provide a professional opinion to the City Council if the Director or designee determines that an independent radio frequency engineer is needed to assist in consideration of these regulations. Sec. 6 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 27th day of January 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~_` / RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING SUBSECTIONS 544.09 AND 544.25 OF THE RICHFIELD CITY CODE RELATED TO EXTERIOR LIGHTING AND TELECOMMUNICATION TOWERS AND ANTENNAS WHEREAS, the City has adopted the above referenced amendment of the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. 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 N0.2009- AN ORDINANCE AMENDING SUBSECTIONS 544.09 AND 544.25 OF THE RICHFIELD CITY CODE RELATED TO EXTERIOR LIGHTING AND TELECOMMUNICATION TOWERS AND ANTENNAS This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The purpose of this ordinance is to clarify lighting standards for new or substantially redeveloping commercial and/or multi-family residential sites; and to reorganize the subsection related to telecommunication towers and antennas within the City of Richfield. The only substantive change is the addition of a requirement for new telecommunication towers fo be located a minimum distance equal to twice the height of the tower from the nearest residential structure. Copies of the ordinance are available for public inspection in the City Clerk's office during normal business hours or upon request by calling the Department of Community Development at (612) 861-9760. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of January, 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • AGENDA SECTION: RESOLIITIONS AGENDA ITEM # 9 REPORT # 7 f, ~~' STAFF REPORT CITY COUNCIL MEETING JANUARY 27, 2009 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE ~~ LJ • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Council consideration of a disciplinary hearing and resolution regarding civil enforcement for an establishment in Richfield that underwent tobacco compliance checks that were conducted by Richfield Public Safet staff, and failed b sellin tobacco to undera a outh. I. RECOMMENDED ACTION: By Motion: Conduct a disciplinary hearing and approve the attached resolution: • suspending the license to sell tobacco for two (2) consecutive days for the second time violating establishment; • levying a fine against the establishment in the amount of $400 for a second time violation; and, • proposing that the Public Safety Director select the two consecutive days that the license will be suspended. II. BACKGROUND On October 30, 2008, Richfield Public Safety staff conducted tobacco compliance checks at all of the establishments in Richfield that sell tobacco. They were assisted by three underage youth that were 16-17 years of age. These compliance checks were the second checks conducted in 2008. 0127 Tobacco Compliance Violators The police division made arrangements for the minors to enter the establishments with undercover police officers. In four instances, tobacco was sold to underage youth. The following businesses sold tobacco to underage youth on October 30, 2008: Golden Cigar - 22 W. 66th St. Richfield Amoco - 7544 Lyndale Avenue South Super America - 2913 W. 66th St. Walgreen's - 12 W. 66th St. This is a second offense for Super America. They will be fined $400 and there will be a two - (2) day suspension. Due to the fact that this is the first offense for Golden Cigar, Richfield Amoco and Walgreens, their licenses will not be suspended, nor are they required to appear before the City Council. They each will, however, be fined $200. At no time did -any of the minors use the tobacco products. The youth presented their IDs, if requested, and at no time attempted to convince anyone that they were of legal age. Establishments were visited at various times, busy or not busy, in an effort to determine if busy times produced more successful buys. It doesn't appear to have made a difference at either time. After each attempt, successful or unsuccessful, the officers identified themselves to the clerks. A citation was issued to the clerk if they failed. If the underage youth was unsuccessful in purchasing tobacco, officers congratulated the clerk: The employee that sold tobacco will be charged criminally in court. The action being taken today is for civil enforcement and penalties against the businesses that hold a license to sell tobacco within the City. The fines being recommended at this time are intended to recover 100% of the costs for conducting .the compliance checks and to penalize the businesses punitively. Compliance checks will continue to occur in the future. It is also recommended that 15% of the punitive fines be designated for future tobacco and alcohol education efforts within the community. III. BASIS OF RECOMMENDATION A. POLICY • Richfield City Code Section 1146 specifies certain improper conduct of tobacco license holders and delineates the progressive discipline that can be expected when violations occur, such as the sale of tobacco to minors. • Staff recommends that the City Council suspend the license to sell tobacco for two (2) consecutive days for the second time violating establishment; levying a fine against the establishment in the amount of $400. Staff further recommends that the Public Safety Director select the two (2) consecutive days that the license will be suspended. B. CRITICAL ISSUES • It is a violation of Minnesota State Statute and City ordinance to sell tobacco to underage youth. • Citizen representatives of the Richfield Advisory Board of Health support severe actions against establishments in an effort to protect the youth of the community and to send a message that youth and their well-being are a high priority in this city. C. FINANCIAL • All costs of conducting compliance checks will be reimbursed through the fines that are levied against an establishment for failing a tobacco compliance check. Furthermore, 15% of the punitive fines are designated for future tobacco and alcohol educational efforts within the community. D. LEGAL • N/A E. ENVIRONMENTAL CONCERNS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • The Council could decide to take no action against the establishments for the sale of tobacco to a minor, which would result in no disciplinary actions against the establishments. This would, however, send a message to the community that children and their well being are not a priority in Richfield. • The Council may consider taking more or less severe action against the establishments that sold tobacco to underage youth; however; that would deviate from the guidelines set for progressive discipline in City Code 1146. V. ATTACHMENTS • Resolution for Super America. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • A representative from the establishment is expected to be in attendance at the meeting. They have been notified in writing of this requirement. • q_l RESOLUTION NO. RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR SUPER AMERICA, 2913 W. 66TH STREET, AND IMPOSING A CIVIL PENALTY FOR SECOND TIME TOBACCO COMPLIANCE FAILURE WHEREAS, Super America ("Licensee") holds a license to sell tobacco products within the City of Richfield; and WHEREAS, on October 30, 2008, the City of Richfield Public Safety Department conducted a compliance check of the Licensee's establishment, and during the compliance check, an employee of the Licensee sold tobacco to a minor; and WHEREAS, this is their second (2nd) failed tobacco compliance; and WHEREAS, the Licensee appeared before the City Council on January 27, 2009 and admitted the violation .and stipulated to the suspension and penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Licensee's tobacco license is hereby suspended for a period of two (2) consecutive days, commencing on a date to be determined by the Public Safety Director, but to take place within 30 days of their Council appearance. 2. A civil penalty of $400 is hereby imposed. On or before February 27, 2009, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $400. Passed by the City Council of the City of Richfield this 27th day of January 2009. ATTEST: Nancy Gibbs, City Clerk Debbie Goettel, Mayor • • • L~ AGENDA SECTION: RESOLDTIONS AGENDA ITEM # 10 REPORT # 27 STAFF REPORT CITY COUNCIL MEETING JANUARY 27, 2009 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME, T/TLE ITEM FOR COUNCIL CONSIDERATION: Council consideration of a disciplinary hearing and resolutions regarding civil enforcement for alcohol establishments in Richfield that recently underwent alcohol compliance checks, conducted b Richfield Public Safet staff, and failed b sellin alcohol to undera a outh. I. RECOMMENDED ACTION: By Motion: Conduct a disciplinary hearing for Super America that failed an alcohol compliance check and approve the attached resolution for the first time violating establishment: • Suspending the license to sell alcohol for five (5) consecutive days, and; • Levying a fine against the establishment in the amount of $1,000 and; • Requiring a meeting with the Public Safety Director to present a individual establishment plan to ensure eliminating any future actions of this kind, and; • Requiring a manager to attend an alcohol compliance and sales awareness presentation conducted by a private firm, approved by Public Safety, with all costs to be paid by the establishment. Conduct a disciplinary hearing for Richfield Inn/Ramada that failed an alcohol compliance check and approve the attached resolution for the first time violating establishment: 0127 Alcohol Compliance Violators • • Levying a fine against the establishment in the amount of $1,000 and; • Requiring a manager to attend alcohol compliance and sales awareness presentation conducted by a .private firm, approved by Public Safety with all costs to be paid by the establishment. • As a result of Richfield Inn/Ramada choosing not to renew their liquor license for 2009, we are unable to suspend their license to sell alcohol for (5) consecutive days, and are not requiring a meeting with the Public Safety Director to present an individual plan to ensure eliminating any further actions of this. kind. II. BACKGROUND On October 16, 2008, Richfield Public Safety staff conducted alcohol compliance checks at all of Richfield's alcohol establishments, assisted by three underage youth that were 18, 19, and 20 years of age. These compliance checks were the second compliance checks conducted in 2008. Richfield Public Safety staff made arrangements for the minors to enter the establishments with undercover police officers. In two instances, an underage youth was served alcohol. In all cases, the server was over 18 years of age. • The businesses that made a sale to an underage youth on October 16, 2008 are: • Richfield Inn/Ramada - 7745 Lyndale Avenue South • Super America - 7720 Nicollet Avenue South This is a first offense for both Richfield Inn/Ramada and Super America. Richfield Inn/Ramada did not renew their 2009 liquor license, and no longer sell alcohol at their establishment. At no time did the minor consume any of the alcohol. The youth presented their ID and at no time attempted to convince anyone that they were of legal age. Establishments were visited at a variety of times, busy or not busy, in an effort to determine if busy times produced more successful buys. It doesn't appear to have made a difference at either time. After each attempt, successful or unsuccessful, the- officers identified themselves to the clerks and issued them a citation if they failed. If the underage youth was unsuccessful in securing alcohol, the clerk was congratulated by officers for doing a good job. The employee that sold alcohol will be charged criminally in court. The action being taken today is for civil enforcement and penalties against the businesses that hold a License to sell alcohol within the City. The fines being recommended at this time are intended to recover 100% of the costs for conducting the compliance checks and to penalize the businesses punitively. Compliance checks will continue to occur m the future. It is also recommended that 15% of the punitive fines be designated for future alcohol and tobacco education efforts within the community. III. BASIS OF RECOMMENDATION A. POLICY • Resolution No. 9511 specifies certain improper conduct of alcohol license holders and delineates the progressive discipline that can be expected when violations occur, such as the sale of alcohol to minors. • Staff recommends that the City Council suspend Super America's license to sell alcohol for five (5) consecutive days and levy a fine against the establishment in the amount of $1,000 for the first violation. Staff is also proposing that the first time violating establishment attend a mandatory meeting with the Public Safety Director to present their individual establishment's plan to ensure eliminating any future actions of this kind. In addition, one employee, preferably the manager, must attend a mandatory alcohol and sales awareness training session, provided by a private firm approved by Public Safety. The cost of the training is to be paid for by the establishment. • Staff recommends that the City Council levy a fine against Richfield Inn/Ramada in the amount of $1,000 for the first violation. Staff is also proposing that one employee, preferably the manager, must attend a mandatory alcohol and sales awareness training session, provided by a private firm approved by Public Safety. The cost of the training is to be paid for by the establishment. • B. CRITICAL ISSUES • It is a violation of Minnesota State Statute and City ordinance to sell alcohol to underage youth. • Civil enforcement penalties taken in the past by the City Council against several establishments have been severe. This was done to send a message to the establishments and the community that the Council will not tolerate this type of violation to continue in the community and that Richfield youth and their well-being are highly valued. • Citizen representatives of the Richfield Advisory Board of Health support severe actions against establishments in an effort to protect the youth of the community and to send a message that youth and their well-being are a high priority in this City. C. FINANCIAL • All costs of conducting compliance checks will be reimbursed through the fines that are levied against an establishment for failing an alcohol compliance check. • Furthermore, 15% of the punitive fines are designated for future alcohol and tobacco educational efforts within the community. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATNE RECOMMENDATION(S~ • The Council could decide to take no action against the establishments for the sale of alcohol to a minor, which would result in no disciplinary action against the establishment. This would, however, send a message to the community that children and their well-being are not a priority in Richfield. • The Council may consider taking more or less severe action against the establishments that sold alcohol to underage youth; however, that would deviate from the guidelines set for progressive discipline in Resolution No. 9511. V. ATTACHMENTS • Resolution for Richfield Inn/Ramada • Resolution for Super America. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Kirk Ellis, District Manager, will be in attendance for Super America. • Representative from Richfield Inn/Ramada is expected to be in attendance at the meeting, and has been notified in writing regarding the City Council meeting date. • • ro-1 . RESOLUTION. NO. RESOLUTION IMPOSING A CIVIL PENALTY FOR RICHFIELD INN/RAMADA, 7745 LYNDALE AVENUE SOUTH, FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, Richfield Inn/Ramada ("Licensee") held an On-Sale and Sunday Liquor License from the City of Richfield; and WHEREAS, on October 16, 2008,. the City of Richfield Public Safety Department conducted a compliance check of the Licensee's establishment; and, during the compliance check, an employee of the Licensee sold alcohol to a minor and; WHEREAS, this is their first alcohol compliance check failure; and WHEREAS, the Licensee appeared before the Richfield City Council on January 27, 2009 and admitted the violation and stipulated to the penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. A civil penalty of $1,000 is hereby imposed. On or before February 27, 2009, the • Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1,000: 2. One staff member, preferably the manager, must attend an alcohol compliance and sales awareness presentation conducted by a private firm, approved by Public Safety, with all costs to be paid by the establishment. Passed by the City Council of the City of Richfield this 27th day of January 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk I C~ - ,~-. RESOLUTION NO. • RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT MALT LIQUOR LICENSE FOR SUPER AMERICA, 7720 NICOLET AVENUE SOUTH, AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, Super America ("Licensee") holds an Off-Sale 3.2 Percent Malt Liquor License from the City of Richfield; and WHEREAS, on October 16, 2008, the City of Richfield Public Safety Department conducted a compliance check of the Licensee's establishment; and, during the compliance check, an employee of the Licensee sold alcohol to a minor and; WHEREAS, this is their first alcohol compliance check failure; and WHEREAS, the Licensee appeared before the Richfield City Council on January 27, 2009 and admitted the violation and stipulated to the suspension and penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Licensee's Off-Sale 3.2 Percent Malt Liquor License is hereby suspended for a • period of five (5) consecutive days, commencing on a date to be determined by the Public Safety Director, but to take place within 30 days of their Council appearance. 2. A civil penalty of $1,000 is hereby imposed. On or before February 27, 2009, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1,000. 3. Meet with the Director of Public Safety by February 27, 2009 to present a written action plan to ensure future compliance. 4. One staff member, preferably the manager, must attend an alcohol compliance and sales awareness presentation conducted by a private firm, approved by Public Safety, with all costs to be paid by the establishment. Passed by the City Council of the City of Richfield this 27th day of January 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • AGENDA SECTION: AGENDA ITEM # REPORT # ~~ STAFF REPORT CITY COUNCIL MEETING • • JANUARY 27, 2009 RESOLUTION 11 28 REPORT PREPARED BY: STE EN L. DEVICH, CITY MANAGER NAME, TITLE REVIEWED BY CITY MANAGER: ~. ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution establishing cone-time employee early retirement incentive ro ram. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution authorizing aone-time emplo ee Early Retirement Incentive Pro ram. II. BACKGROUND The City is currently facing deep cuts in state financial aids for 2009 in the impending Local Government Aid (LGA) reductions. While it is too soon to tell the full extent of those cuts, it could be in the range of $1 million or more. There is no way for the City to absorb that magnitude of state aid cuts without significant reductions in services and ultimately, personnel. One way to approach those reductions is to establish a mechanism to encourage and soften the transition of some of the longest tenured employees into retirement. Staff estimates that roughly 5% to 6% of the City's full time employees qualify for a PERA pension, without penalty, at the present time. The voluntary retirement of some employees would provide for a reduction in staff that would assist in the City achieving the budget expenditure reductions that will be necessary to meet the cuts in LGA that are expected for 2009 and beyond. Voluntary retirements will also reduce the number of staff reductions that will be needed. However, qualifying for a PERA pension and being in a financial position to be able to retire are distinctly different matters, considering the high cost associated with medical insurance. Moreover, most of the City employees who may qualify for a PERA pension are considerably younger than 65 years of age, which would qualify 0127retire them for Medicare benefits. Thus, it is essential to provide some type of financial assistance to cover the costs of future .medical insurance as an incentive for eligible employees to consider early retirement. The incentive program that has been developed by staff and is being proposed for City Council approval is a two option lump sum payment incentive. Eligible employees who would retire on or before April 30, 2009 would receive cone-time lump sum contribution of $18,000 into their respective Post Employment Health Care Savings Plan (HCSP). Eligible employees who voluntarily retire after April 30, 2009 but before June 30, 2009 would receive aone-time lump sum contribution of $15,000 into the employee's respective HCSP. The program would utilize a formal application process and require timely submission of such application for consideration by the City Manager. The sooner such a program would be implemented; the sooner staff would know who may be interested in such a program and how much savings may be attained by the early retirement. It also provides a better framework for City staff to analyze what further reductions will be needed. III. BASIS OF RECOMMENDATION A. POLICY • There is currently no City early retirement incentive program available to offer City employees. B. CRITICAL ISSUES • The timing of any early retirement incentive is critical. The sooner staff knows if this will be an option, the sooner the information can be conveyed to City employees who might want to take advantage of this option. • The retirement of any eligible employees is an important initial step in preparing an analysis of any potential staff reductions that may be required. • Employees are concerned about what action the City will ultimately take in meeting the LGA reductions for 2009 and beyond. The sooner that staff has direction on this option the sooner that these decisions can be made. C. FINANCIAL • The Early Retirement Incentive Program would potentially generate significant savings to the City General Fund in that most, if not all, of the positions vacated through the program would not be replaced. • The cost of the program to the City is relatively not significant when viewed in the context of savings that would be generated by each early retirement. • The early retirement incentive proposed in this program is typical to other programs offered by other governmental subdivisions.. • The actual funding from the program would be established through the • City's Self Insurance Fund and would not be charged to the City General Fund. D. LEGAL • The City has the legal authority to provide such one-time early retirement incentives. The Early Retirement Incentive Program has been reviewed by the City Attorney. Such financial incentives programs should be formally authorized by City Council Resolution. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • The, City Council could decide not to approve this incentive program. • The City Council could direct staff to revise this proposed incentive program. • The City Council could decide to postpone consideration of this matter to a future meeting. V. ATTACHMENTS • Resolution Early Retirement Incentive Program VI. PRINCII'AL PARTIES EXPECTED AT MEETING • None • ~i~~ RESOLUTION NO. RESOLUTION AUTHORIZING AONE-TIME EARLY RETIREMENT INCENTIVE PROGRAM FOR CALENDAR YEAR 2009 WHEREAS, the City has determined that it will face significant state aid reductions for calendar year 2009 and beyond, and WHEREAS, such reductions in state aids represent a significant portion of the City 2009 budget, and WHEREAS, such reductions in state aids will require significant cuts in the City 2009 budget including likely necessary staff reductions and reduction in services, and WHEREAS, the City Council finds that it is desirable to approach staff reductions through attrition and retirement. of existing employees to the extent possible in order to minimize staff layoffs; and WHEREAS, in -order to facilitate the opportunity for eligible City employees to take advantage of their respective retirement option, financial assistance be provided to help defray the future costs associated with medical insurance premiums for such employees; and WHEREAS, a program providing for such an Early Retirement Incentive has been prepared. and is ready for implementation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Richfield hereby adopts the attached Early Retirement Incentive Program, dated January 27, 2009, and directs the City Manager to implement such program. Adopted by the City Council of the City of Richfield, Minnesota this 27t" day of January, 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • t~-a CITY OF RICHFIELD EARLY RETIREMENT INCENTIVE PROGRAM JANUARY 27, 2009 Eligibility 1. You are in a position that is eligible for this program. 2. You are afull-time benefit earning employee. 3. You must be eligible for an unreduced pension through PERA during calendar year 2009, through one of the following provisions: a. Attain the Rule of 90 (Employees who started in PERA before July 1, 1989 are eligible) b. PERA Coordinated employees who have attained the age of full retirement (65 or 66 years of age depending on PERA start date). c. PERA Police and Fire employees who have reached the age of 55 EARLY RETIREMENT INCENTIVE PROGRAM OPTIONS A. The City will provide the following benefit to an eligible employee who voluntarily elects to take advantage of the early retirement incentive, and retires on or before April 30, 2009: • The City will provide the retiring employee with a one time contribution of $18,000 into the Employee's Health Care Savings Plan.* _ (The equivalent of $500 for 36 months or $750 for 24 months.) B. The City will provide the following. benefit to an eligible employee who voluntarily elects to take advantage of the early retirement incentive, and retires after April 30, 2009 and before June 30, 2009: • .The City will provide the retiring employee with a one time contribution of $15,000 into the Employee's Health Care Savings Plan.* (The equivalent of $625 for 24 months.) * If the eligible employee does not have a Health Care Savings Plan (HCSP) the City will assist the employee, in obtaining an HCSP, if applicable under the terms of the collective bargaining agreement or provide other arrangements for the payment of the applicable incentive. C. Annual leave balances will be paid in accordance with current labor agreements, City Ordinance and/or Health Care Savings Plan Provisions, whichever is applicable. APPLICATION AND APPROVAL • Applications for the early retirement incentive program can be obtained from Human Resources and must be submitted to Francie Fletcher on or before February 20, 2009 at 4:30 p.m. to be eligible for option A,.or April 3, 2009 by 4:30 p.m. to be eligible for option B. Il-.3 • To be eligible for this early retirement program, pending application approval, employees must retire prior to April 30, 2009 or June 30, 2009 depending on the option chosen: The chosen retirement. date must be recorded in writing on the program application, and no changes may be made after approval. ADDITIONAL CONSIDERATIONS • Participation in this program is strictly voluntary. • To accept this offer, you must sign a release agreement acceptable to the City, which waives your right to pursue any legal claim against the City of Richfield or its employees or Council Members. • Program application forms must be completed and submitted within the timeframe set for the program. • All payments made are subject to customary payroll deductions. • All incentives contained in this incentive program are supplemental to traditional benefits of a retiring employee. • The City reserves the. right to decline any employee's request for the early retirement incentive program based on the number of requests received, an employee's critical skills, or service delivery needs. • Employees that terminate employment with the City during the early retirement incentive program may not be rehired as abenefit-earning employee. Any questions regarding this program may be directed to Pam Dmytrenko or Francie Fletcher. • • ~~ STAFF REPORT OTHER BUSINESS 12 29 CITY COUNCIL MEETING JANUARY 27, 2009 REPORT PREPARED BY: STEV. DEVICH, CITY MANAGER REVIEWED $Y CITY MANAGER: AGENDA SECTION: AGENDA ITEM # REPORT # NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of authorizing staff to hire Stahl Construction Company to act as the Construction Mana er for the new Police/Fire/Cit Hall Facilit . I. RECOMMENDED ACTION: By Motion: Approve the purchase of construction manager services from Stahl Construction Company for a new Police/Fire/City Hall facility for the City of Richfield and authorize the City Manager to execute the contract not to exceed $571,000.00. II. BACKGROUND ~ Richfield's Municipal Building at 6700 Portland Avenue South was constructed in 1963. It houses City Hall, the Police Department, Fire Station I and a Licensing Department, which services the public. The existing building is about 53,000 square feet. Over the.years, the building has been remodeled numerous times to accommodate increased staffing and. programs. The various remodels have made it very difficult for the HVAC equipment to provide adequate heating and cooling and the buildings are poorly laid out for efficiency and security. The building does not meet many of today's codes and moisture problems have damaged some areas and caused some employee concerns about health. On November 25, 2003, a City Hall Advisory Task Force (CHAT-I) was appointed by the City Council to investigate the feasibility of major remodeling of the building versus construction of a new building to meet today's needs. Their recommendation on April 26, 2005 was to build a new building. On July 26, 2005 a second City HaII Advisory Task Force (CHAT-II) was formed to look at locations for a new facility. Their recommendation was to use the existing site. 0127CityHall On November 25, 2008 the City Council authorized staff to hire Wold Architects and Engineers to provide the architectural and final design services for the new Police/Fire/City Hall facility. Since then, staff has solicited proposals for a project Construction Manager to provide project management services for the construction of the new facility. The services included in the proposal are cost estimating, bidding, on-site supervision, construction coordination, and public-involvement. Ten proposals were received. The ten proposals were reviewed by a committee comprised of City staff and a representative of Wold Architects. The proposals were evaluated according to a set of predetermined criteria ranging from commensurate experience to cost and breadth of services. Four firms were then selected as semi-finalists and interviewed by the same panel. The four firms selected for interviews were: Adolfson & Peterson Construction Gundlach Champion Kraus Anderson Construction Stahl Construction Stahl Construction Company was selected by the staff committee based on its experienced and capable Richfield "team" members, its prior, successful projects with Wold Architects, the positive references from past clients and its highly competitive fee proposal (the lowest of the four firms interviewed by over $100,000). In addition, City staff placed a number of reference calls to previous clients of Stahl Construction on their larger projects and received excellent recommendations with respect to their work and expertise. Stahl construction has worked on several major projects in the metropolitan area including recent projects such as Lakeville Police Administration Building, Lakeville South High School, Wayzata City Hall/Library/Police facility and the Minneapolis Third Precinct Police Station. City staff is in the process of preparing and executing a contract for construction manager services with Stahl Construction as of this writing. Attached is a rough draft of the contract which will be in the amount of $571,000. The final contract may not be available until just before the January 27th City Council meeting. However, because of the critical timing of this project, it is essential that we proceed with this selection as soon as possible so that the entire team is assembled to begin the design phase of this project. If the City Council is not comfortable with proceeding with this approval without more time to review the contract, the approval could be tabled to the first meeting in February. However, that will further delay this project. A. POLICY • If the City is to contract with Stahl Construction Company, City Council approval and authority is necessary for the agreement. B. CRITICAL ISSUES • To prevent multiple change orders it is important that the Construction Manager be active as part of the City Hall design and pre-construction phase. Because Wold Architects has already begun the design phase, getting the Construction Manager on board as soon as possible is critical. The services proposed by Stahl Construction Company are not to exceed $571,000.00. • The new Police/Fire/City Hall Facility is in the City's Capital Improvement Budget (C1B). • The Construction Manager costs are included in the $22,250,000.00 budgeted for the new facility. • Stahl Construction's fee of $571,000 represents a savings of approximately $128,000 compared to the next lowest proposal. D. LEGAL • The City Attorney has prepared the contract and will be available to answer questions. E. ENVIRONMENTAL CONSIDERATIONS • Stahl Construction Company has LEED certified personnel and is very familiar with sustainable construction. ALTERNATIVE KECOMMENDATION(S) ~ • The City Council could decide not to approve this agreement. • The City Council could decide to postpone approval of this agreement. I 1 V . ATTACHMENTS I • uran ~,ontract. • Stahl Construction Proposal for Services. • Fee proposal matrix. V. PRINCIPAL PARTIES EXPECTED AT MEETING • Stahl Construction representatives. • ~1 to m ro AIA.Document B80l~CMa - 1992 Standard Form of Agreement Between Owner and Construction ~° Manager where the-Construction Manager is NO S' a Constructo` Editing Template - ~-._ _. -° n~~rror~s: CAUTION: Take care not to remove or otherwise edit :TAE author of this document hae added information ~ ~ the FiIlPoint areas when making custom edits to this Tne a ~ ~ ,, aa, e document. rep ised-the text of the ,ri.-inal AIA standard forte„ ' A i ns~ dditions and ~"t ~ day of "~~I ~9onth.l ~ in the year `i~[Yc~arl ~ AGREEMENT made as of the "t,[1)ay 1 J Report t otes arid f,at,~~el~ as w (In words, indicate day, month and year.) ~-evi < -alto they s ~ _indard ' ~d't~t~ilal~le from form. ~ is aiid°°&s~ia~~? u~'~. BETWEEN the Owner: reviewed (Name and address) This document has import ant . legal consequences. ' °,~~C ~~~ner}'ulli irnl\aitt~] Consultation with an o ~)1111C11.G21~';~C~(~CE'~3 atC't3Yfey""`is encauragecY"'with rdspe~'~°b its `com~51~"t32~n or macli:rar,ion. and the Construction Manager: (Name and address) crFullPirmh~nc~ "ojC;onstrucrion'+~itn t - w ~o,~a ~ ~ "° °~~, ~ on~trut ti~_;nti'Iat~a~_crl .one-~ddre~~~] "' for the following Project: ,~ ~'""'" ~ (Include detailed description of Project, location, address and scope.) ~ ~ a , t ~ „,„~ ~%~~~rD~~C2~af21~.~ ~„ ,.~ ~'4,~,ProjectDscripricm] " The Architect is: ,~ ~ (Name and address) = = ~ "'~~[:lrchitec~I ull~ irmName~ ~« ",~~,~:!~mhitcctLon~~Ad~lres;] The Owner and Construction Manager agree as set forth below. ELECTRONIC COPYING of any portion of this AIA Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document 8801"'CMa -.1992. Copyright ° 1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIAc Document is protected by II. S. Copyright Law and International Treaties. IIaauthorized reproduction or distribution of this AIA" 1 Document, orany portion of it, may result in severe civil and criminal penalties, and mill be prosecuted to the aazimum extent possible under the law. This document is not an original AIA° Contract Document, but a template produced byAIA Contract Documents software for producinga - customized document. r~ `~ ARTICLE 1 CONSTRUCTION MANAGER'S RESPONSIBILITIES § 1.1.3 The Construction Manager shall provide sufficient organization, personnel and manag~-ent to carry out the requirements of this Agreement in an expeditious and economical manner consistent with tie interests of the Owner. § 1.1.4 The services covered by this Agreement are subject to the time limitations containe in Secti~an,1,~5 ARTICLE 2 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES ,`~° ~,° § 2.1 DEFINITION § 2.1.1 The Construction Manager's Basic Services consist of those described in Sections 2.2 and ~,3~m~ an~ othe~" services identified in Article 14 as part of Basic Services. ~~~ry~~„ § 2.2 PRE-CONSTRUCTION PHASE ~` ~~ § 2.2.1 The Construction Manager shall review the program furnished by the Owner to ascertain the requirements u1 °°°~ the Project and shall arrive at a mutual understanding of such requirements with the Owner. § 2.2.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. • § 2.2.3 Based on eazly schematic designs and other design criteria prepazed by the Architect, the Construction Manager shall prepare preliminary estimates of Construction Cost for program requirements~ing area v~oit~me or similaz conceptual estimating techniques. The Construction Manager shall provide cost evaluaftins of alte at e materials and systems. § 2.2.4 The Construction Manager shall expeditiously review design documents during the" de~l~ d a on proposed site use and improvements, selection of materials, building systems and equipme me°'tho~s°""ofx»» Project delivery. The Construction Manager shall provide recommendations on relative fea ' ~„~nncm,nti~,~,~~„,„ methods, availability of materials and labor, time requirements for procurement, installatioand.c„,~ an factors related to construction cost including, but not limited to, costs of alternative designs or'1~ s ' 71 nary budgets, and possible economies. ~~""°'"~ ~°~ ~.., § 2.2.5 The Construction Manager shall prepaze and periodically update a Project Schedule for„ ~~~liiiccr~re~ew and the Owner's acceptance. The Construction Manager shall obtain the Architect's approv fore preliminary project schedule relating to the performance of the Architect's services. In the ojeet°'S°cher~i~;~~; Construction Manager shall coordinate and integrate the Construction Manager's services, the Architect's services. and the Owner's responsibilities with anticipated construction schedules, highlighting critic and long-lead=`time items. § 2.2.6 As the Architect progress with the preparation of the Schematic, Design Developme t and Constrcction Documents, the Construction Manager shall prepare and update, at appropriate intervals ag eed to b~ e Owner, Construction Manager and Architect, estimates of Construction Cost of increasing detail and refinement. The estimated cost of each Contract shall be indicated with supporting detail. Suchestimates shll be provided for the Architect's review and the Owner's approval. The Construction Manager shall advise the O er and Architect if it appears that the Construction Cost may exceed the latest approved Project budget and mak~recommen~afions or ""~`° " corrective action. • § 2.2.7 The Construction Manager shall consult with the Owner and Architect regarding the°°Construction Documents and make recommendations whenever design details adversely affect constructability, cost or schedules. § 1.1 CONSTRUCTION MANAGER'S SERVICES § 1.1.1 The Construction Manager's services consist of those services performed by the Construction Manager, Construction Manager's employees and Construction Manager's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 14. '~ § 1.1.2 The Construction Manager's services shall be provided in conjunction with the services pf an Arc ~ tect as ~ described in the edition of AIA Document B141/CMa, Standazd Form of Agreement Between owner an 'Architect, Construction Manager-Adviser Edition, current as of the date of this Agreement. ~« AIA Document BBO1"'Ctaa - 1992. Copyright ° 1973, 1980 aad 1992 by The American Institute of Architects. All rights reserved. KARNSNG: This AIA" Document is protected by II. S. Copyright Law and International Treaties. IInauthorized regroductioa or distribution o£ this AIA Document, or nay portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document is not an original AIA° Contract Document, but a template produced by AIA° Contract Documents software for producing a customized document. a-3 • § 2.2.8 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding the assignment of responsibilities for temporary Project facilities and equipment, materials and services for common use of the Contractors. The Construction Manager shall verify that such requirements and assignment of responsibilities are included in the proposed Contract Documents. § 2.2.9 The Construction Manager shall provide recommendations and information to the O regarding the ~ `' allocation of responsibilities for safety programs among the Contractors. § 2.2.10 The Construction Manager shall advise on the division of the Project into individu : Con~ac~t~f vari~~~ categories of Work, including the method to be used for selecting Contractors and awardin~C~tx°a Contracts are to be awarded, the Construction Manager shall review the Construction Doc its and make recommendations asrequired to provide that (1) the Work of the Contractors is coordinate , (2) all requirements for the Project have been assigned to the appropriate Contract, (3) the likelihoodsof jurisdictio 'al d~ute~,laas b~ea~«~,H , minimized, and (4) proper coordination has been provided for phased construction. , 3 § 2.2.11 The Construction Manager shall prepare a Project construction schedule providing or the components of the ,~,,, Work, including phasing of construction, times of commencement and completion required of each Contract "~ ordering and delivery of products requiring long lead time, and the occupancy requirements of the er. Construction Manager shall provide the current Project construction schedule for each set ~ men . § 2.2.12 The Construction Manager shall expedite and coordinate the ordering and delivery of maters requ~g `~~ long lead time. ' § 2.2.13 The Construction Manager shall assist the Owner in selecting, retaining and coordinating the professional services of surveyors, special consultants and testing laboratories required for the Project. § 2.2.14 The Construction Manager shall provide an analysis of the types and .quantities of 1 ar~rc~or~he~ • Project and review the availability of appropriate categories of labor required for critical phases. Ihr Construction Manager shall make recommendations for actions designed to minimize adverse effects of 1 bor shy ~es. § 2.2.15 The Construction Manager shall assist the Owner in obtaining information regard' applicable requirements for equal employment opportunity programs for inclusion in the Contract Do~uments. § 2.2.16 Following the Owner's approval of the Construction Documents, the Construction 1GTanag~c ,hail iip~aTe and" submit the latest estimate of Construction Cost and the Project construction schedule for the~rchite~is i;erae,and~,h.~_________ ..,„,~ the Owner's approval. `~ ~ § 2.2.17 The Construction Manager shall submit the list of prospective bidders for the Architect's review an ~'tlre~ Owner's approval. - „,„~"° § 2.2.18 The Construction Manager shall develop bidders' interest in the Project and establi biddinbednhs: 'lie Construction Manager, with the assistance of the Architect, shall issue bidding documents 'ddels`and°c prebid conferences with prospective bidders. The Construction Manager shall assist the Arch' ct with regard to questions from bidders and with the issuance of addenda. ,~ § 2.2,19 The Construction Manager shall receive bids, prepare bid analyses and make reco e~ dations to thc Owner for the Owner's award of Contracts or rejection of bids. ~ - --- ~~ ~b~ § 2.2.20 The Construction Manager shall assist the Owner in preparing Construction Contracts and advise the Owner on the acceptability of Subcontractors and material suppliers proposed by Contractors. § 2.2.21 The Construction Manager shall assist the Owner in obtaining building permits and speci~a perms or "~ permanent improvements, except for permits required to be obtained directly by the variou~ Copitracto"" rs:"~~e ~` . Construction Manager shall verify that the Owner has paid applicable fees and assessments 1~ Construction Manager shall assist the Owner and Architect in connection with the Owner's responsibility~f filing documents required for the approvals of governmental authorities having jurisdiction over the Project. AIA Document 8801"'CMa - 1992. Copyright a 173, 1980 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA~~ Document is protected by II. S. Copyright Law and International Treaties. IInauthorized reproduction or distribution of this AIA 3 Docw-¢ent, or any portion. of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent passible under the law. This document is not an original AIA° Contract Document, but a template produced by AIA° Contract Documents software for producing a customized document. ~ a-~+ • § 2.3 CONSTRUCTION PHASE•ADMINISTRATION OFTHE CONSTRUCTION CONTRACT, § 2.3.1 The Construction Phase will commence with the award of the initial Construction Contract or purchase order and, together with the Construction Manager's obligation to provide Basic Services under this Agreement, will end 30 days after fmal payment to all Contractors is due. § 2.3.2 The Construction Manager shall provide administration of the Contracts for Cons do in coope~at ~>n with the Architect as set forth below and in the edition of AIA Document A201/CMa, General on~tions of tl}e C'cmtract for Construction, Construction Manager-Adviser Edition, current as of the date of this Agr em' nt. § 2.3.3 The Construction Manager shall provide administrative, management and related se~iees^fi~~~oordi~nate-~ scheduled activities and responsibilities of the Contractors with each other and with those o~the Construction Manager, the Owner and the Architect to endeavor to manage the Project in accordance with th latest approved estimate of Construction Cost, the Project Schedule and the Contract Documents. ~~ § 2.3.4 The Construction Manager shall schedule and conduct meetings to discuss such matters s procedures, progress and scheduling. The Construction Manager shall prepare and promptly distribute minutes to the Owner, Architect and Contractors. ~~ § 2.3.5 Utilizing the Construction Schedules provided by the Contractors, the Construction an-~sh~'fI updae the Project construction schedule incorporating the activities of the Contractors on the Project, uig ~~, sequences and durations, allocation of labor and materials, processing of Shop Drawings, Product Da ` pl~ s, ~„„, and delivery of products requiring long lead time and procurement. The Project construction schedule shall includz" ,~ ~ , the Owner's occupancy requirements showing portions of the Project having occupancy priority. The Construction Manager shall update and reissue the Project construction schedule as required to show current conditions. If an update indicates that the previously approved Project construction schedule may not be met, the Construction Manager shall recommend corrective action to the Owner and Architect. z • § 2.3.6 Consistent with the various bidding documents, and utilizing information from the Contractorsu the Construction Manager shall coordinate the sequence of construction and assignment of spac ' `areas whe~e Contractors are performing Work. § 2.3.7 The Construction Manager shall endeavor to obtain satisfactory performance from e ch ~f the Con ctrn ars. The Construction Manager shall recommend courses of action to the Owner when requirexrient°~~f ~~°Ct~~~ct are no'C~"`°°. being fulfilled. "~" '"'~ § 2.3.8 The Construction Manager shall monitor the approved estimate of Construction Cosh The C~~nshaictha ~~~ Manager shall show actual costs for activities in progress and estimates for uncompleted tas c~s by w<~°t~omp:v i:~~n with such approved estimate. ~"°° ~ § 2.3.9 The Construction Manager shall develop cash flow reports and forecasts for the Project a~ acts ise er and Architect as to variances between actual and budgeted or estimated costs. § 2.3.10 The Construction Manager shall maintain accounting records on authorized Work performed under unit costs, additional Work performed on the basis of actual costs of labor and materials, and other QJork req accounting records. § 2.3.11 The Construction Manager shall develop and implement procedures for the review d processin o applications by Contractors for progress and fmal payments. § 2.3.11.1. Based on the Construction Manager's observations and evaluations of each Contractor's Application for Payment, the Construction Manager shall review and certify the amounts due the respective Cantractors. § 2.3.11.2 The Construction Manager shall prepare a Project Application for Payment based on ~e ontractors~"~~'' Certificates for Payment. .~~ AIA Document 8801"'CMa - 1992. Copyright ° 1973, 1980 sad 1992 by The American Institute of Architects. All rights reserved. ViARNING: This AIAa~ Docu°cent is protected by II. S. Copyright.Law and International Treaties. IIaauthorized reproduction or distribution of this AIA Document, or any portion o£ it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document is not an original AIA° Contract Document, but a template produced by AIA Contract Documents software for producing a customized document. -~ § 2.3.11.3 The Construction Manager's certification for payment shall constitute a representation to the Owner, based • on the Construction Manager's determinations at the site as provided in Section 2.3.13 and on the data comprising the Contractors' Applications for Payment, that, to the best of the Construction Manager's knowledge, information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and in p ions, to ~ "~ deviations from the Contract Documents correctable prior to completion and to specific qu lifi ations expressed by the Construction Manager. The issuance of a Certificate for Payment shall further constitut a representation hat the . ,Contractor is entitled to payment in the amount certified. "~ ,..~ § 2.3.11.4 The issuance of a Certificate for Payment shall not be a representation that the Cor~strrxeti~~°lb'i~anager~has - (1) made exhaustive orcontinuous on-site inspections to check the quality or quantity of thrk, (2) reviewed construction means, methods, techniques, sequences for the Contractor's own Work, or pro ed ,res, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data r~quest,by~;thP Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose Co money previously paid on account of the Contract Sum. ' § 2.3.12 The Construction Manager shall review the safety programs developed by each of the Contractors f~r,~ , purposes of coordinating the safety programs with those of the other Contractors. The Constructi~~iis~~er~~ responsibilities for coordination of safety programs shall not extend to direct control over o charm c+f (hr a~as~Or omissions of the Contractors, Subcontractors, agents or employees of the Contractors or Su6<axa.tmc~ui~, ~+r ~~m o er persons performing portions of the Work and not directly employed by the Construction Manager. ~'~ § 2.3.13 The Construction Manager shall determine in general that the Work of each Contractor is being performed in accordance with the requirements of the Contract Documents, endeavoring to guard the Owner against defects and deficiencies in the Work. As appropriate, the Construction Manager shall have authority, upon written authorization from the Owner, to require additional inspection or testing of the Work in acc t~ , • provisions of the Contract Documents, whether or not such Work is fabricated, installed or mm~lP~i ~Th Construction Manager, in consultation with the Architect, may reject Work which does not conform to the requirements of the Contract Documents. §.2.3.14 The Construction Manager shall schedule and coordinate the sequence of construct°on in accordan e th the Contract Documents and the latest approved Project construction schedule. § 2.3.15 With respect to each Contractor's own Work, the Construction Manager shall not have confro over or'~ charge of and shall not be responsible for construction means, methods, techniques, seque ~p~ca~edure ,, czr~r...~.~ safety precautions and programs in connection with the Work of each of the Contractors, s' ce the~solel~ flee ~~ Contractor's responsibility under the Contract for Construction. The Construction Managers mcat~,rrapv»?' le for a Contractor's failure to carry out the Work in accordance with the respective Contract Documents. ThC "`~~-~~„m Construction Manager shall not have control over or charge of acts or omissions of the Contractors, Subcontracct®rs, or their agents or employees, or any other persons performing portions of the Work not directl ~ffiplt~yed ~ Construction Manager. ~- ~~ § 2.3.16 The Construction Manager shall transmit to the Architect requests for interpretation f the meaning and intent of the Drawings and Specifications, and assist in the resolution of questions that mae. § 2.3.17 The Construction Manager shall review requests for changes, assist in negotiating on ~ actors' propo als, submit recommendations to the Architect and Owner, and, if they are accepted, prepare Ch ge Orders and Construction Change Directives which incorporate the Architect's modifications to the Do ments. § 2.3.18 The Construction Manager shall assist the Architect in the review, evaluation and c entation of Claims. § 2.3.19 The Construction Manager shall receive certificates of insurance from the Contract rs an orwar hem to the Owner with a copy to the Architect. • § 2.3.20 In collaboration with the Architect, the Construction Manager shall establish and ' # ent procedures for expediting the processing and approval of Shop Drawings, Product Data, Samples and other submittals. The AIA Document 8801'"CMa - 1992.. Copyright ® 1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. SfARNSNG: This AIAfr~ Document is protected by II. S. Copyright Law and International Treaties. IInauthorized reproduction or distribution of this AIA 5 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maxims extent possible under the law. This document is not an original AIA° Contract Document, but a template produced by AIA° Contract Documents software for producing a customized document. ~ a- ~ - Construction Manager shall review all Shop Drawings, Product Data, Samples and other submittals from the Contractors. The Construction Manager shall coordinate submittals with information contained in related documents and transmit to the Architect those which have been approved by the Construction Manager. The Construction Manager's actions shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner or Contractors. § 2.3.21 The Construction Manager shall record the progress of the Project. The Constructi©n Manager s~all submit written progress reports to the Owner and Architect including information on each Contractor and each C um rector's Work, as well as the entire Project, showing percentages of completion. The Construction Manger shall ~Cee~ a daily log containing a record of weather, each Contractor's Work on the site, number of worker;«i~~tifatia~-~€b~ equipment, Work accomplished, problems encountered, and other similar relevant data as § 2.3.22 The Construction Manager shall maintain at the Project site for the Owner one record g py of all Contracts, Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and utt~~ record changes and selections made during construction, and in addition, approved Shop Drawugs,~a~.oduct<~a Samples and similar required submittals. The Construction Manager shall maintain records in guplicate, of principal building layout lines, elevations of the bottom of footings, floor levels and key site elevatia s rtified by a qualified surveyor or professional engineer. The Construction Manager shall make all such records available to the Archite~ and upon completion of the Project shall deliver them to the Owner. ~ "~ § 2.3.23 The Construction Manager shall arrange for the delivery, storage, protection and se~i1~- ul purchased materials, systems and equipment that are a part of the Project until such items are incorpor - o the ' „., Project. § 2.3.24 With the Architect and the Owner's maintenance personnel, the Construction Manager shall observe the Contractors' fmal testing and start-up of utilities, operational systems and equipment. r~ ~J • § 2.3.25 When the Construction Manager considers each Contractor's Work or a designated portaion tberec~f ~, substantially complete, the Construction Manager shall, jointly with the Contractor, prepare for the Architect incomplete or unsatisfactory items and a schedule for their completion. The Construction Mager shall as Architect in conducting inspections to determine whether the Work or designated portion tl~ere~ is subs ti complete. t § 2.3.26 The Construction Manager shall coordinate the correction and completion of the V of a Certificate of Substantial Completion of the Work or a designated portion thereof, the shall evaluate the completion of the Work of the Contractors and make recommendations 1 Work is ready for fmal inspection. The Construction Manager shall assist the Architect in inspections. § 2.3.27 The Construction Manager shall secure and transmit to the Architect warranties and similar required by the Contract Documents for delivery to the Owner and deliver all keys, manuals r ccarrd maintenance stocks to the Owner. The Construction Manager shall forward to the Architec a~fin~ Application for Payment upon compliance with the requirements of the Contract Documens:°°~°~ a list of t the illv Hsu uigmissuax~ce' tiunanagei ''"° § 2.3.28 Duties, responsibilities and limitations of authority of the Construction Manager as set orth in th C''~ntract Documents shall not be restricted, modified or extended without written consent of the Owner, onstructton Manager, Architect and Contractors. Consent shall not be unreasonably withheld. ~ I ~ ARTICLE 3 ADDITIONAL SERVICES ~ ~,~~ § 3.1 GENERAL § 3.1.1 The services described in this Article 3 are not included in Basic Services unless so i~de~tified in Article 14, and they shall be paid for by the Owner as provided in this Agreement, in addition to the cdmp~nsation for Basic Services. The Optional Additional Services described under Section 3.3 shall only be provi~ed au onzed°or "~`~°~"""~" confirmed in writing by the Owner. If services described under Contingent Additional Se ce m echon are required due to circumstances beyond the Construction Manager's control, the Constructio~M ager shall notify the Owner prior to commencing such services. If the Owner deems that such services described~u~ier Section 3.2 are not required, the Owner shall give prompt written notice to the Construction Manager. If the Owner indicates in AIA Document 8801"'Clda - 1992. Copyright ° 1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. wART.*ING: This AIA` Docu.ent is protected by II.5. Copyright Law and International Treaties. Bnauthorized reproduction or distribution O£ this AIA Document, or any portion of. it, may result in severe civil sad criminal penalties, and will be prosecuted to the maximum extent possible under the law. ~- - This document is not an original AIA° Contract Document, but a template produced by AIA° Contract Documents software for producing a customized document. ' a--~ writing that all or part of such Contingent Additional Services are not required, the Construction Manager shall have • no obligation to provide those services. § 3.2 CONTINGENT ADDITIONAL SERVICES § 3.2.1 Providing services required because of significant changes in the Project including, but not limited to, `° . changes in size, quality, complexity or the Owner's schedule. § 3.2.2 Providing consultation concerning replacement of Work damagedby fire or other c se during construction, and furnishing services required in connection with the replacement of such Work. § 3.2.3 Providing services made necessary by the termination or default of the Architect or °~#on~tractc~r~br~ defects or deficiencies in the Work of a Contractor, or by failure of performance of either tJJ~ eeMOwner or Contractor under a Contract for Construction. I § 3.2.4 Providing services in evaluating an extensive number of claims submitted by a connection with the Work. § 3.2.5 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding e~xc~pt "~~ where the Construction Manager is party thereto. ~ a § 3.3 OPTIONAL ADDITIONAL SERVICES ~ wn § 3.3.1 Providing services relative to future facilities, systems and equipment. "'~>~,,,~ ~ ~ ~„„ § 3.3.2 Providing services to investigate existing conditions or facilities or to provide measured drawings thereof. § 3.3.3 Providing services to verify the accuracy of drawings or other information fixrnished by the Owner. § 3.3.4 Providing services required for or in connection with the Owner's selection, procurement or instahatior~ of furniture, furnishings and related equipment. § 3.3.5 Providing services for tenant improvements. ~ A a § 3.3.6 Providing any other services not otherwise included in this Agreement. ARTICLE 4 OWNER'S RESPONSIBILITIES ~"~"' § 4.1 The Owner shall provide full information regarding requirements for the Project, incl ~ xogram.av.]aiolaw«..~.,N.~..,o shall set forth the Owner's objectives, schedule, constraints and criteria, including space re uireme "~ relationships, flexibility, expandability, special equipment, systems, and site requirements. ~°~ § 4.2 The Owner shall establish and update an overall budget for the Project based on consultation with the ",,,~ Construction Manager and Architect, which shall include the Construction Cost, the Owner's er~os~a~,d. ~~~ reasonable contingencies related to all of these costs. ~ ~°° - °~ ,~ ~.x~~,s,.~~ § 4.3 If requested by the Construction Manager, the Owner shall furnish evidence that fmanc al arrangements have , been made to fulfill the Owner's obligations under this Agreement. f § 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf w~h respect to tl~e Pz~olect. The Owner, or such authorized representative, shall render decisions in a timely manner pe to documents submitted by the Construction Manager in order to avoid unreasonable delay in the orderly and se uential progre~~ " of the Construction Manager's services. § 4.5 The Owner shall retain an architect whose services, duties and responsibilities are des rib din the edition of AIA Document B141/Cma, Standard Form of Agreement Between Owner and Architect, Cons c~,iori 11~I `°anag"er- "~'° Adviser Edition, current as of the date of this Agreement. The Terms and Conditions of th A Bement etween e Owner and Architect shall be fiunished to the Construction Manager and shall not be modified without written • consent of the Construction Manager, which consent shall not be unreasonably withheld. T~eonstruction Manager - shall not be responsible for actions taken by the Architect. AIA Document 8801"'CMa - 1992. Copyright ° 1973, 1980 sad 1992 by The American Institute of Architects. All rights reserved. tcARNING: This AIAs~ Document is protected by II. S. Copyright Law and Intezaatioaal Treaties. Dnauthorized reproduction or distribution o£ this AIA" Document, or say portion of it, may result is severe civil and criminal penalties, anfl will be prosecuted to the maximum extent possible under the law. This document is not an original AIA Contract Document, but a template produced by AIA° Contract Documents software for producing a customized document. /~-~ § 4.6 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other Laboratory and environmental tests, inspections and reports required by law or the Contract Documents. § 4.7 The Owner shall furnish all legal, accounting and insurance counseling services as m necess Many time for the Project, including auditing services the Owner may require to verify the Contr cto s' Applic~on's for Payment or to ascertain how or for what purposes the Contractors have used the money pal b ~ or on bel~llf iaf the Owner. § 4.8 The Owner shall furnish the Construction Manager with a sufficient quantity of Constt°ueti~m~c~re § 4.9 The services, information and reports required by Sections 4.5 through 4.8 shall be 's ed at the Owner's expense, and the Construction Manager shall be entitled to rely upon the accuracy and co letezaessthea~~c~ § 4.10 Prompt written notice shall be given by the Owner to the Construction Manager and chitect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. ,,.,,~« § 4.11 The Owner reserves the right to perform construction and operations related to the Project ~~,~tk, dlc Uwner's own forces, and to award contracts in connection with the Project which are not part of the ul~smtchtticill Ylatri<,cr'~ responsibilities under this Agreement. The Construction Manager shall notify the Owner if~n~ ~uc~'dent action will interfere with the Construction Manager's ability to perform the Construction Manager's ies~~ilities under this Agreement. When performing construction or operations related to the Project, the Owner agrees to be °°~ subject to the same obligations and to have the same rights as the Contractors. § 4.12 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in the orderly progress of the Construction Manager's services an ~~ro~g,~e s~f tie • Work. ~ . ~.. ARTICLE 5 CONSTRUCTION COST ~ '~ § 5.1 DEFINITION ~~~ § 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all el merits of the Pr jet designed or specified by the Architect. § 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materiufis"iuinish~il`t~y tflc Owner and equipment designed, specified, selected or specially provided for by the Archit t,.,plus~ax~as~aac~.abd~~,.».,..~x allowance for the Contractors' overhead and profit. In addition, a reasonable allowance for ontiiaall la~~ included for market conditions at the time of bidding and for changes in the Work during cons ~a~ , provided in Section 5.1.3, Construction Cost shall also include the compensation of the Construction Manag ~`~""'"`"~ Construction Manager's consultants. § 5.1.3 Construction Cost does not include the compensation of the Architect and Architect consul f ~ land, rights-of--way, financing or other costs which are the responsibility of the Owner as provided°~rhic3~e°~: Ike°~°~°°°°~ any portion of the Construction Manager's compensation is based upon a percentage of Con truction Cost, then Construction Cost, for the purpose of determining such portion, shall not include the comp nsation of the Construction Manager or Construction Manager's consultants. § 5.2 RESPONSIBILITY FOR CONSTRUCTION COST § 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction C sdetailed estimates of Construction Cost prepared by the Construction Manager represent the Construction Manager's best judgment as a person or entity familiar with the construction industry. It is recognized, however, that nether the Construction Manager nor the Owner has control over the cost of labor, materials or equipment, over Co tractors' methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Acc rding"ly, the`Cans"'trucfioii' Manager cannot and does not warrant or represent that bids or negotiated prices will not v fin~ro~ect budget proposed, established or approved by the Owner, or from any cost estimate or eval fioi prepared by the Construction Manager. AIA Document 8801"'CtQa- 1992. Copyright o 1973, 1980 and 1992 by The American institute of Architects. All rights reserved. tfARNING: This AIAa~ Docu~cent is protected by Q.S. Copyright Law and International Treaties. IIaauthorized reproduction or distribution of this AIA Document, or any portion of it, may result is severe civil and criminal penalties, and will be prosecuted to the maaimvm extent possible under the law. This document is not an original AIA° Contract Document, but a template produced by AIA` Contract Documents software for producing a customized document. ~ a-~ § 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Construction Manager shall be permitted to include contingencies for design, bidding and price escalation, and shall consult with the Architect to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to suggest reasonable adjustments in the scope of the Project, and to suggest inclusion of alter~~ bids in Construction Documents to adjust the Construction Cost to the fixed limit. Fixed limits, if ` y, shall be increased in the amount of any increase in the Contract Sums occurring after execution of the Contracts for Construction. § 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after submi 1 af~e~~nstruc~ier~~ Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjed~~Q~refleet~yehar~ges °~ in the .general level of prices in the construction industry between the date of submission oih~Construction Documents to the Owner and the date on which proposals are sought. § 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Section 5.2.3) is exceeded b~sua~~f, h~ lowest bona fide bids or negotiated proposals plus the Construction Manager's estimate of ether elements of Construction Cost for the Project, the Owner shall: ~ .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance with Section 9.3; or ~' .4 cooperate in revising the Project scope and quality as required to reduce the C~nstr~~cri`t5n C~ct. .~~~~~ § 5.2.5 If the Owner chooses to proceed under Section 5.2.4.4; the Construction Manager, without additional chargem~„ shall cooperate with the Owner and Architect as necessary to bring the Construction Cost within the fixed limit, if established as a condition of this Agreement. ARTICLE 6 CONSTRUCTION SUPPORT ACTIVITIES § 6.1 Construction support activities, if provided by the Construction Manager, shall be go~ed bysepar~,teM • contractual agreements unless otherwise provided in Article 14. § 6.2 Reimbursable expenses listed in Article 14 for construction support activities may be subject to trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment which shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be secured. ARTICLE 7 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTI~ER~DOICtllfilEl~~'S "~ § 7.1 The Drawings, Specifications and other documents prepared by the Architect are ins ~f the~laitec i'~„„,,, ~ service through which the Work to be executed by the Contractors is described. The Cons cfion Mana~na~ ~ retain one record set. The Construction Manager shall not own or claim a copyright in the Dra:~ing~,. pecifi~titnns and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemee author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright.~~i 1l°""' copies of them, except the Construction Manager's record set, shall be returned or suitably acc ort~,<t]ae~°"~'~~ Architect, on request, upon completion of the Project. The Drawings, Specifications and o er doe~i s~~~ar®d by the Architect, and copies thereof furnished to the Construction Manager, are for use sol °°v~i~h~resp-ec°tl~°~ Project. They are not to be used by the Construction Manager on other projects or for additi nsato this Project outside the scope of the Work without the specific written consent of the Owner and Archi~ct. 'The Cons c, ion Manager is granted a limited license to use and reproduce applicable portions of the Draw' gs, Specificat and ~ t other documents prepared by the Architect appropriate to and for use in the performance o theConstruct~on Manager's services under this Agreement. I ~, ~,..~,. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to nee official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. ~° `" ARTICLE 8 ARBITRATION § 8.1 Claims, disputes or other matters in question between the parties to this Agreement 'out of or relating to this Agreement or breach thereof shall be subject to and decided by arbitration in accordance with the Construction AIA Document 8881"'CMa - 1992. Copyright ° 1973, 1980 aad 1992 by The American Institute of Architects. All rights reserved. YiARNZNG: xhis AIA~~ Document is protected by II. S. Copyright Law and International Treaties. IInauthorized reproductioa or diatzibution of this ASA Docummeat, or any portion ofit, may result in severe civil and crimiaal penalties, and will be prosecuted to the maximum extent possible uader 'the law. This. document is not an original AIA° Cont ractDOCUment, but'a template produced by AIA° Contract Documents software for producing a customized document. ~a-iD Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. § 8.2 Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made aft~e date w ~" institution of legal or equitable proceedings based on such claim, dispute or other matter in question wou be barred by the applicable statutes of limitations. ~ , f ,.»,~ § 8.3 No arbitration arising out of or relating to this Agreement shall include, by consolidatn, ~nd any - other manner, an additional person or entity not a party to this Agreement, except by wntter~°eonserrt specific reference to this Agreement signed by the Owner, Construction Manager, and any person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall no co stitute consent to arbitration of any claim, dispute or other matter in question not described in the written consen: up~~,~~ entity not named or described therein. The foregoing agreement to arbitrate and other agreementsatu~arhiirate~ith~a additional person or entity duly consented to by the parties to this Agreement shall be specify enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.4 The award rendered by the arbitrator or arbitrators shall be fmal, and judgment maybe e~nter~d api~ accordance with applicable law in any court having jurisdiction thereof. ARTICLE 9 TERMINATION, SUSPENSION OR ABANDONMENT ~ ~`°`"°'~„ § 9.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the p~~, - other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Cons~t~tger„~s~~l, • compensated for services performed prior to notice of such suspension. When the Project i~sa~n~l,~ s Construction Manager's compensation shall be equitably adjusted to provide for expenses incurred in the internxption and resumption of the Construction Manager's services. °" ~ ,. § 9.3 This Agreement maybe terminated by the Owner upon. not less than seven days' written Mice to the Construction Manager in the event that the Project is permanently abandoned. If the Projec is bandoned by tl~ Owner for more than 90 consecutive days, the Construction Manager may terminate this A~reenii`t"b ~ i ng ~'" " written notice. ~, § 9.4 Failure of the Owner to make payments to the Construction Manager in accordance w ththi ~, ,ee~e~„siaat] ~~~ ~ be considered substantial nonperformance and cause for termination. § 9.5 If the Owner fails to make payment when due the Construction Manager for services and expenses, the~,..,~ Construction Manager may, upon seven days' written notice to the Owner, suspend performan ,»of seYv~~.es u~nd»`°`~ this Agreement. Unless payment in full is received by the Construction Manager within se en dayr, o~ fie notice, the suspension shall take effect without further notice. In the event of a suspension of~ervices;°ti~; ~~°~~°°~° Construction Manager shall have no liability to the Owner for delay or damage caused to the. Owner because of such suspension of services. ~ J § 9.6 In the event of termination not the fault of the Construction Manager, the Constructio `Manager shad b~ compensated for services performed prior to termination, together with Reimbursable Exp se then due end <<U Termination Expenses as defined in Section 9.7. „~ ~~,,,„„„,~„„~,„„»i § 9.7 Termination Expenses are those costs directly attributable to termination for which th Construction Manager is not otherwise compensated. ~ q ARTICLE 10 MISCELLANEOUS PROVISIONS I § 10.1 Unless otherwise provided, this Agreement shall be governed by the law of the place wh re the Project is • 1 Gated. ~»»»»»»" 0 AIA Document 8801°Ct4a - 1992. Copyright ° 1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. SSARNING: This AIA' Document is protected by II. S. Copyright Law aad. International Treaties. IInauthorized reproduction or distribution o£ this AIA 10 Docwvent, or aay portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maaimvm extent possible uader the law. This document is not an original AIA` Contract Document, but a template produced by AIA° Contract Documents software for producing a customized document. ~ - I a-~ 1 § 10.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201/CMa, General Conditions of the Contract for Construction, Construction Manager-Adviser Edition, current as of the date of this Agreement. § 10.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later tha~i uer the dat~« Substantial Completion for acts or failures to act occurring prior to Substantial Completion, or the date ofd issuance of the fmai Project Certificate for Payment for acts or failures to act occurring after Substantial Completion. § 10.4 Waivers of Subrogation. The Owner and Construction Manager waive all rights against ea~wc~~ and ag~i~s~~ the Contractors, Architect, consultants, agents and employees of any of them, for damages,' but°~~y~c~~the~ext~t covered by property insurance during construction, except such rights as they may have to e° " roceeds of such insurance as set forth in the edition of AIA Document A201/CMa, General Conditions of tt~ie C ntract for Construction, Construction Manager-Adviser Edition, current as of the date of this Agreement. Construction Manager each shall require similar waivers from their Contractors, Architect, consultants;.,agen persons or entities awarded separate contracts administered under the Owner's own forces. § 10.5 The Owner and Construction Manager, respectively, bind themselves, their partners, successors, assiggsd~``~ legal representatives to the other party to this Agreement and to the partners, successors, assigns d-~le°~a1~ representatives of such other party with respect to all covenants of this Agreement. Neitherito~'L;on tn~~ai Manager shall assign this Agreement without the written consent of the other. ~ ~~""° „, ~„ § 10.6 This Agreement represents the entire and integrated agreement between the Owner and Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement maybe amended only by written instrument signed by both Owner and Construction Manager. § 10.7 Nothing contained in this Agreement shall create a contractual relationship with or a oat~ce gf action in favor~~~„~„,,~ of a third party against either the Owner or Construction Manager. ~,W • § 10.8 Unless otherwise provided in this Agreement, the Construction Manager and the Construction Manager's consultants shall have no responsibility for the discovery, presence, handling, removal or d'spo a of o e~~osre of persons to hazardous materials in any form at the Project site, including but not limited to be.~tos, asbesta~s products, polychlorinated biphenyl (PCB) or other toxic substances. ARTICLE 11 INSURANCE § 11.1 CONSTRUCTION MANAGER'S LIABILITY INSURANCE a„x H. § 11.1.1 The Construction Manager shall purchase from and maintain in a company or companies awful y authorized to do business in the jurisdiction in which the Project is located such insurance as wi~l°°preat~ct th~~~,w,~ Construction Manager from claims set forth below which may arise out of or result from the Construction >~fa~t~g~r.'s operations under this Agreement and for which the Construction Manager maybe legally liable. ~,„ .1 claims under workers' compensation, disability benefit and other similar emloy ~ a~ac~ts vvltich• ~~~ are applicable to the operations to be performed; .2 claims for damages because of bodily injury, occupational sickness or diseas r death of the ~. Construction Manager's employees; .3 claims for damages because of bodily injury, sickness or disease, or death o an person o er an the Construction Manager's employees; .4 claims for damages insured by usual personal-injury liability coverage whic ~ ar sustaine ~(1) a person as a result of an offense directly or indirectly related to employment f such person b~ the Construction Manager, or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or des~~tion of tangible property, including loss of use resulting therefrom; _. _ _.._ . .6 claims for damages because of bodily injury, death of a person or property damage ansln~ uu~l, oi" ownership, maintenance or use of a motor vehicle. ~ ~ § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of~lity specified in Article 14 or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or AIA Document 8801°Ctda - 1992. Copyright ° 1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. tSARNING: This AIA1~ DocuEnent is protected by II. S. Copyright Law and International Treaties. IInauthorized reproduction or distribution o£ this AIA" 11 Document, or any portion of it, may result in severe civil and crisinal penalties, and will be prosecuted to the maximum extent possible unfler the law. - This document is not an original AIA° Contract Document, but a template produced by AIA° Contract Documents software for producing a customized document. - l a--i ~ • • • claims-made basis, shall be maintained without intemzption from date of commencement of operations under this Agreement until date of final payment and termination of any coverage required to be maintained after final payment. ARTICLE 12 PAYMENTS TO THE CONSTRUCTION MANAGER § 12.1 DIRECT PERSONNEL EXPENSE ~ ~"` § 12.1.1 Direct Personnel Expense is defined as the direct salaries of the Construction Manager' personas enraged on the Project and the portion of the cost of their mandatory and customary contributions and bienefits rel~ted - thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave,~holidays,vacations, pensions and similar contributions and benefits. ~°°°~ °~°°°°°° § 12.2 REIMBURSABLE EXPENSES § 12.2.1 Reimbursable Expense are in addition to compensation for Basic and Additional expenses incurred by the Construction Manager and Construction Manager's employees interest of the Project, as identified in the following Clauses. and include § 12.2.1.1 Expense of transportation in connection with the Project, expenses in connection authorized out-of- , town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdictia over the Project. ~, § 12.2.1.2 Expense of reproductions, postage, express deliveries, electronic facsimile transm`rssioand i~anc~in~ o Drawings, Specifications and other documents. `~~~.,„ .~,~ § 12.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. § 12.2.1.4 Expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Construction Manager. . g § 12.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES § 12.3.1 An initial payment as set forth in Section 13.1 is the minimum payment under this A eeme t. Y~%p~~°" § 12.3.2 Subsequent payments for Basic Services shall be made monthly and, where applic le,~shall be in proportion to services performed within each phase of service, on the basis set forth in Seclon X13 2 1. t ,, _. § 12.3.3 If and to the extent that the time initially established in Section 13.5.1 of this Agreemen is exce"ed°e~oi ""'°"'"'"g' extended through no fault of the Construction Manager, compensation for any services ren dua~zag~,the~,,,,~,,.,,~,~,..~,.~ additional period of time shall be computed in the manner set forth in Section 13.3.1. § 12.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project's ~9~~ deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the ent~°~ services are performed on those portions, in accordance with Section 13.2.1, based on (1) the 1Qaar~st buns ttde~bids ~p or negotiated proposals, or (2) if no such bids or proposals are received, the latest approv estirr~at~ ~ ~l~-por-terns ~-~•~ of the Project. '~°°~'"`""" § 12.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE EXPENSS 3 § 12.4.1 Payments on account of the Construction Manager's Additional Services and for Reimbursable E penses ' shall be made monthly upon presentation of the Construction Manager's statement of services rendered o : ex ~' enses incurred. w ~~ § 12.5 PAYMENTS WITHHELD § 12.5.1 No deductions shall be made from the Construction Manager's compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in Work other than those for which the Construction Manager has been found to be liable. "~"""`" ~° AIA Document 8801°CMa - 1992. Copyright ° 1973, 1980 sad 1992by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U. S. Copyright Law and International Treaties. IInauthorized zeproduction or distribution of this AIA 12 Document, or any portion of it, may result in severe civil and criminal penalties, sad will be prosecuted to the maximum extent possible under the law. This document is not an original AIA` Contract Document, but a template produced by AIA° Contract Documents software for producing a customized document. / ~- - l 3 § 12.6 CONSTRUCTION MANAGER'S ACCOUNTING RECORDS § 12.6.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 13 BASIS OF COMPENSATION ~& ( The Owner shall compensate the Construction Manager as follows: § 13.1 AN INITIAL PAYMENT of °~o~Initiall'a~nli~ n~~~'ord~~ ($ °b[Lni~ialP<i~n~cat] ) shad b made upp~n execution of this Agreement and credited to the owner's account at final payment. ~ ~~~~~>~°~~ § 13.2 BASIC COMPENSATION § 13.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services include in icle 14 as part of Basic Services, Basic Compensation shall be computed as follows: ~ ..~~ ~.~~~ For Pre-Construction Phase Services: ~ I (Insert basis of compensation, including stipulated sums, multiples or percentages.) ~ ~, ~« "~6[PreCun,tn~cli~mSer~~iccs For Construction Phase Services: ~° (Insert basis of compensation, including stipulated sums, multiples or percentages.) o~ CiinS~ructu~riScn iees~ ~. ~. § 13.3 COMPENSATION FOR ADDITIONAL SERVICES § 13.3.1 FOR ADDITIONAL SERVICES OF THE CONSTRUCTION MANAGER, as described i~~c~e 3, and any other services included in Article 14 as Additional Services, compensation shall be coir~.putec~,a~,~~s~ ~ ~ ~,.,~ (Insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for P~inc~als and employees, and identify Principals and classes employees, if required. Identify specific serves two whzch~pZav ti~cular methods of compensation apply, if necessary.) ~4~~ 1ddSer~i~~sC~~~np] § 13.4 REIMBURSABLE EXPENSES '"`~ ~` § 13.4.1 FOR REIMBURSABLE EXPENSES, as described in Section 12.2, and any other- items in~lude~f in _~rti~„„~,„~„„~,,,,~ ___ 14 as Reimbursable Expenses, a multiple of °~~>[Rcimbur~ahlrEti~xn~es~~`c,rh~ ("4,jl~cimhur~ablc:EsE~~u~e~ ~ i times the expenses incurred by the Construction Manager and the Construction Manager`s emplo~~es~ consultants in the interest of the Project. ~~ § 13.5 ADDITIONAL PROVISIONS ~' § 13.5.1 IF THE BASIC SERVICES covered by thtc Agreement have not been completed vithin -------~- •«~ >j~~ten~:ionOl~cr~ices~~~ords] ( °.~,[I-?acn~ionOt~enicesl )months of the date hereof, thrt~r~rr~lt - ~~ Construction Manager, extension of the Construction Manager's services beyond that time shall be compensated as provided in Sections 12.3.3 and 13.3.1. § 13.5.2 Payments are due and payable °%~~[Ymt[>u~~ ~fterR orris] (", ~~[Pmtt)ue:~tr~r] ) da~s from the da~ o~the ~ Construction Manager's invoice. Amounts unpaid %4,(Da} ~l'orI~t~~~stl~'ords] (°~~,~ I~aysl-~~rlntcm~t',~ ~ ys after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the le~~al rate~revailin~~n~ ,,,,~ from time to time at the principal place of business of the Construction Manager. (Insert rate of interest agreed upon.) ~ "-'u [lr tcrestUv:rdue, "~,~I3asieOflnta~estJ A _ ., (Usury laws and requirements under the Federal Truth in Lending Act, similar state and lo~al consumer credit laws • and other regulations at the Owner's and Construction Manager's principal places of business;' the location of the AIA Document 8801"'CMa - 1992. Copyright ° 1973, 1960 and 1992 by The American Institute of Architects. All rights reserved. WAR37ING: This AIA` Docwreat is pzotected by II. S. Copyright Law and Iaternational Treaties. IInauthorized reproduction or distribution of this AIA 13 Docwment, or any portion o£ it, may result in severe civil and criminal penalties, and will be prosecuted to the masimvm extent possible under the law. This document iS not an original AIA° Contract Document, but a template produced by AIA° Contract Documents Software for producing a customized document. / ~-- / ~- • Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 13.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Construction Manager. ARTICLE 14 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) ~. "'o[C)[her~etti iecs~ § 14.1 LIMITS ON INSURANCE .. ..~ The insurance required by Article 11 shall be written for not less than the following limits, ar greatex,.af rirquir~dnby~ law: (Insert the specific dollar amounts for the appropriate insurance limits of liability.) Type of insurance Limit of liability ($ 0.00) ~' °~i~~i~orL-~~hRk~cka"l~~i" "~u~I~~n~malT~um(li~i l.imit(>CLiabifir,,."°'~,.-ni")]"o Li~nitsC)nin,ura:~cc~i]`%o~loi, l'vp~:Oflu;uranceJ (I~,ndl3lockO~ ~~ This Agreement entered into as of the day and year first written above. OWNER (Signature) o;~,[O~~cncrlte~,A~~,n~~]o0~(~~+ncr}<cE~l~itJr (Printed name and title) CONSTRUCTION MANAGER (Signature) ,~ Po _, °'o~~a~II~1il7C1lC1I]V(3L11f_'tT}~~-~~~1T1~ ~° n~~ C~Tlti1.TU~'ll~i[1 ~1a~ia~_crI~c,p I ~il~] (Printed name and title) ~. ~, ~, ~a ,~° "" ~ ,~ „~ ~"~ ~, ~«,~ I „~,~,~ • .,,. g _~ AIA Documeat 8601"'CeSa - 1992. Copyright ° 1973, 1980 aad 1992 by The American Institute of Architects. All rights reserved. V7ARL7ING: This ASAF~ DocuEreat is protected by V.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution o£ this AiA$ 14 Document, or any portion o£ it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum exteat possible wader the law. This document is not an original AiA Contract Document, but a te~late produced by AIA Contract Documents software for producing a customized document. ~-~ 5 ~TAHL. the PEOPLE. the PROJECTS. the PROMISE. STAHL CONSTRUCTION COMPANY We at Stahl firmly believe that maintaining the make-up of the construction team from project inception through project completion increases team morale and chemistry, enhances the decision-making process and overall team performance, helps to maintain necessary momentum and, ultimately, provides the greatest opportunity for a successful project. Our proposed team has a combined length of service with Stahl of 116 years. Because we believe so strongly in Stahl as a company, and the team concept as a project delivery method, we hereby pledge to stay together as a team for the entire duration of your project. Please consider this pledge a testament to the loyalty of Stahl employees and our collective desire to work together as a solid project team. Wayne Stahl -CEO - 28 years • Cathy Schmidt -President - 13 years Scott Everson -Vice President /Pre-construction - 19 years Paul Perzichilli -Vice President - 24 years Dale Sonnichsen -Project Manager - 13 years Gary Maciejny -Field Superintendent - 19 years • Paul Perzichilli, Vice President Dale Sonnichsen, Project Manager Gary Maci ny, Field Superintend t '~ e JFC~, °,, s www.stahlconstruction.com - J ~~'P =o-: ~ 5755 Wayzata Blvd. • 5t. Louis Park, MN 55416 • 952-931-9300 • fax 952-931-9941 = o ~~ ~ ~ y '•. rn An affirmative action, equal opportunity employer = d~'~•. ,.••`~~ Scott Everson, Vice President /Pre-cons ion `~ -~ ~ • • • C O U ~+ N ~ - U fA LL ~ - ~ ,X ~ ~ ~ 2 ~ ~ ~ ~_ c ~ N ~ O U ~ L O U ~ ~ - C ~Uu~.. N N O f` O ~ ~ ~ L~ 1~ ~ OO O r ti ~ ti M O ~!'~ O ~ O ~ ~ L f)_ ~ M M N C O ~ O ~ O O ~ O O , O O ~ U ~ rn M m a 0 U °~ ti o° ti °o ~ rn o oo o tn L N N d' I~ M O O ~!'~ ~ ~ M M N .~ ~ o C O L O -~ ~" U c ~ a ~ ~ ~ ~ U ~ ~ U O ~ ~ ~ ~ ~ ~ ~ Y Q ~ AGENDA SECTION: AGENDA ITEM # REPORT # OTHER BUSINESS 30 ~~ STAFF REPORT JANUARY 27, 2009 REPORT PREPARED BY: REVIEWED BY CITY MANAGER: CITY COUNCIL MEETING CHERYL KRUMHOLZ, EXEC. COORDINATOR. NAME, TITLE ~ _ ITEM FOR COUNCIL CONSIDERATION: Consideration of appointments to City advisory commissions. I. RECOMMENDED ACTION: By motion:. Appoint persons to fill the expiring or vacant terms on the Cit adviso commissions. II. BACKGROUND Several terms of City commission members expire on January 31, 2008. In addition, there are mid-term vacancies due to resignations that need to be filled. Vacancies were advertised in the Richfield Sun-Current, on cable television channel 16, the outside message board at City Hall and Water Plant and the City's Website. III. BASIS OF RECOMMENDATION A. POLICY • The City advisory commissions were established by City ordinance or resolution. Terms are for three-years and are staggered. Several terms expire on January 31 annually. The Council directs the City Manager's ofFce to conduct a recruitment seeking applicants to fill the vacancies. Interviews of the applicants are conducted at Special City Council meetings. These Council meetings were posted in accordance with the open meeting law requirements. • B. CRITICAL ISSUES • Applicants were interviewed at Special City Council meetings on January 13 and 27, 2009. • Terms of several commission members expire on January 31, 2008. 0127commission • There are mid-term vacancies, which need to be filled. • In order to ensure quorums for future meetings, appointments should be made on January 27, 2009. IV. ALTERNATIVE RECOMMENDATION(S~ • Defer appointments to a later Council meeting. • If appointments are not made at_the January 27 meeting, quorums may not be present at future meetings. V. ATTACHMENTS • Commission vacancy list VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • ~_`~ Q • N O o_ 00 • • W V . Z Q V Q Z ~_ N N V N N N N N N N N N O N N N N N N N N N N O N N N ~ O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N ~ L r r r r r M M M M M r r r r r M M M M M r M r r r r r M M M M M r r r r r M M M M M r r r r r M M M M M X Rf (a f6 (0 tQ (0 (a CO t0 (0 (0 (6 (6 (Cf (6 (0 (6 (0 (Q (6 (6 (6 ('Q t6 (6 (6 ~ ~ ~ ~ ~ ~ ~ U C ca U L a U C (6 U (6 N .~ r N ~U C t~ U E N ~t I Z N N 0 v Q L E U C co U E N .,.. ' F. W V ;, m ~~ J V U C l6 U ca N _~ U C (6 U (Q N Z O N N ~ ~ m C) +~+ ~ U a 0 Z W_ E L N U ca U (0 E N N N U C (Q U f0 N M Z N N O N I- 2 z E~ L L ~ y~+ ~ ~ EE U J U ~ ~-~. 0 0 N •~' ti O N N N N N N o ~~~- ~~r 0 0 0 0 0 0 N N N N N N ~~~ ~~~ M M M M M M ~' ~' ~' Z' Z' ~' ~ ~ ~ ~ ~ ~ ~ cv ~ ~ cv c6 • ~U C (~ U (0 L ~F+ M Z N N O V z z Z J a U J U N