07-26-05 agendaCITY OF RICHFIELD, MINNESOTA
TUESDAY, JULY 26, 2005
SPECIAL CITY COUNCIL MEETING ~'~ `'
{ ~.
CITY HALL HEREDIA ROOM
6700 PORTLAND AVENUE
5:00 P.M.
Call to order
1. Interview of persons interested in serving on Richfield City Hall Advisory Task Force
(Council Memo No. 98)
Adjournment
SPECIAL CITY COUNCIL WORKSESSION '
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
5:30 P.M.
Call to order
Roll call
5:30 - 6:00 p. m.
1. Discussion of property maintenance/rental housing inspection issues
(Council Memo No. 99)
Notes:
6:00 - 6:20 p. m.
2. Discussion of City's Bereavement Leave Policy
Notes:
Adjournment
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
6:30 P.M.
AGENDA
INTRODUCTORY PROCEEDINGS
Call to order
Roll call
Open forum (15 minutes maximum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for
others, Comments are to be an opportunity to address the Council on items not. on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting.
Notes:
Pledge of Allegiance
Approval of minutes of (1) Regular City Council Meeting of July 12, 2005 and (2) Special
City Council Meeting of July 18, 2005
PRESENTATIONS
Presentation of Certificate of Recognition to Dave Leslie, "Mr. Hummer Helmet"
regarding recent David Letterman appearance resulting in national recognition of
Richfield Wood Lake Nature Center
2. Presentation of 2005 Landscaping Good Neighbor Awards
(Council Memo No. 100)
COUNCIL DISCUSSION
3. Council discussion
• 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 canceling public hearing on July 26, 2005 regarding
request for conditional use permit to allow used car sales at 7720 Wentworth Avenue
in general commercial-zoning district S.R. No. 137
B. Consideration of approval of first reading of amendments to Richfield Zoning Code
Sections 500.05, 500.13 and 500.25, Subd. 1 to update and clarify subdivision
regulations and schedule public hearing and second reading for September 13, 2005
S.R. No. 138
C. Consideration of approval of authorizing lease for antenna space on Penn Avenue
water tower to Sprint Spectrum, L. P. S.R. No. 139
D. Consideration of approval of petition and waiver agreement with Mainstreet Village,
7601 Lyndale Avenue S.R. No. 140
E. Consideration of approval of submitting federal TEA-21 transportation grant
application S.R. No. 141
F. Consideration of approval of award of contract to Effective Golf Course Systems for
marketing analysis study for proposed golf practice facility in Richfield in amount of
$2,950 S.R. No. 142
Notes:
6. Consideration of items, if any, removed from Consent Calendar
Notes:
OTHER BUSINESS
7. Consideration of purchase of engineering services from Bonestroo, Rosene, Anderlik
& Associates, Inc. to prepare plans and specifications for roofing improvements at City
Hall
Staff Report No. 143
Notes:
8. Consideration of appointments to Richfield City Hall Advisory Task Force
Staff Report No. 144
Notes:
CITY MANAGER'S REPORT
9. City Manager's report
Notes:
10. 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:
Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be
made at least 96 hours in advance to the City Clerk at 612-861-9738.
AGENDA SECTION: OTHER BUSINESS
AGENDA ITEM # $
REPORT # i Gb
,~y .
STAFF REPORT
CITY COUNCIL MEETING
JULY 26, 2005
REPORT PREPARED BY:
CHERYL KRUMHOLZ, EXEC. COOR.
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of appointments to the City Hall Advisory Task Force.
I. RECOMMENDED ACTION:
B motion: A oint ersons to the Cit Hall Adviso Task.
II. BACKGROUND
In response to the May 2205 recommendation from the City Hall Advisory Task Force to
build a new City Hall, the Richfield City Council requested that a new task force be
created to undertake. Phase II of the process to design and build a new facility. The
charge of the task force will be to determine a site location and building design for a
new City Hall and to identify potential financing alternatives.
Recruitment information was provided 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.
Applicants were interviewed at a Special City Council meetings on July 18 and 26,
2005.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City Hall Advisory Task Force was created by the City Council.
0725CityH allTaskForce
~~-1
The Council directs the City Manager's office to conduct a recruitment
seeking applicants. 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 July 18
and 26, 2005.
IV. ALTERNATIVE RECOMMENDATION(S~
• Defer appointments to a later Council meeting.
V. ATTACHMENTS
• Task Force vacancy list
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
°"
N
Z
W
2
O
a
a
w
0
4
r
o~
0
N
4
4
v
N
U7
~U
G
tb
C3
c~
t~
r
AGENDA SECTION: 03HER BUSINESS
AGENDA ITEM # ~
REPORT # 143
r
STAFF REPORT
CITY COUNCIL MEETING;
JULY 26, 2005
REPORT PREPARED BY: ~~Z' HUGHES, OPERATIONS
SUPERINTENDENT
NAME, TITLE
COUNCIL PRESENTER:
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Authorize staff to hire Bonestroo, Rosene, Anderlik & Associates to prepare plans and specs
for roofin im rovements at Cit Hall.
I. RECOMMENDED ACTION:
Approve purchase of Engineering Services from Bonestroo, Rosene,
Anderlik & Associates, Inc. for either:
• Option 3 - a fee of $11,500.00 plus related reimbursable expenses
not to exceed an additional $750.00
• Option 2 or 4 - a fee of $23,000.00
II. BACKGROUND
The roof on Richfield's City Hall continues to have chronic leaking problems. The
existing roof is approximately 23 years old. In 2003, the City approved a budget
with $300,000 for a total roof replacement having a 20 plus year useful life. This
project was not done because of concerns about the condition of the entire building.
On November 25, 2003, the Council established the City Hall Task Force to review
City Hall replacement or renovation options. In May 2005, the Task returned with a
preliminary recommendation to construct a new City Hall within the next three to
five years. Based upon this recommendation, the City is now faced with the
0726reroof design
~_~
problem of what to do with the roof in the meantime. It appears the City has four
options:
Option 1: Continue to patch the roof as it leaks. We will continue to have major
failures in the roof, which may cause serious damage to the building and its
contents. We also know that current leakage in the parapet is entering the walls and
causing damage around windows and in the walls that will only get worse.
Option 2: The City can overlay the existing roof with a rubber membrane, which
would have a life expectancy of ten years and cap the parapet with metal for an
estimated cost of $190,000 to $200,000.
Option 3: The City can fix the parapet and overlay the existing roof with a rubber
membrane in sections doing the worst areas first over a period of years. The roof is
divided into four separate sections. This obviously would cost more than doing the
roof all at once.
Option 4: The City could do the original replacement budgeted in 2003 of an asphalt
roof with a life expectancy of 20 plus years for an estimated cost of $350,000.
If the Council picks option 2, 3 or 4, staff needs to hire an engineering firm to write
specs for this project. Bonestroo has proposed to do that for $11,500.00 plus up to
$750.00 of reimbursable expenses. If repairs move forward as one project and
assuming athree-month construction period this fall, Bonestroo proposes a not to
exceed amount of $1,250.00 to bid the project and $8,250.00 for contract
administration, construction engineering and monitoring with reimbursable
expenses not to exceed $2,000.00. If repairs are to be undertaken over several
years, the City would have to pay for engineering services on an hourly basis as
needed.
III. BASIS OF RECOMMENDATION
A. POLICY
• Council approval is required if Council's decision results in
expenditures over $25,000.00.
B. CRITICAL ISSUES
• The leaking roof will continue to cause more damage to the building
and could cause health concerns if the first option is selected.
C. FINANCIAL
• The approved 2003 Building Services budget has $300,000 on line
item 7230 for Building Improvements for roof repairs
D. LEGAL
• N/A
TERNATIVE KECOMMENDATION(S) ~
Council may choose to select the first option, which would require no action
on this matter.
Council may choose to authorize an additional $11,500.00 to bid the work
and monitor the construction.
ATTACHMENTS ~
• Bonestroo's proposal for Engineering Services
~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~
Bonestroo
0 Rosene
Anclerliic
Associates
Engineers & Architects.
2335 West Highway 36 ^ St. Paul, MN 55113
Office: 651-636-4GOQ ^ Fax: 651-636-1311
www.bonestroo.com
June 27, 2005
Randy Hughes
City of Richfield
6700. Portland Avenue
Richfield; MN 55423
Re: Richfield City Hall Roof Replacement
Proposal for Engineering Services
Bonestroo File No. 673GEN
Dear Randy,
/ '~
The roof on Richfield's City Hall continues to have chronic leaking problems. The existing roof
is approximately 23 years old -and the City of Richfield is planning to move forward with some
type of roof repair or replacement proj ect. In our Apri15, 2005. proposal, we described a
complete. roof replacement project having a 20+ year usefill life. The estimated construction
costs for this project was between $300,000 and $350,000.
In May, the committee concerned with replacement or renovation of the existing City Hall
building returned with preliminary recommendations to construct a new City Hall within the next
3 to S years. Based upon this recommendation, the City is now interested in a roof repair project
for the existing City Hall building that only has a 10+ year useful life.
At our. meeting on .Thursday, June 2, 2005, we heard from Clancey Barry of Top-All Roofing.
Top-All roofing is the contractor currently working on the roof replacement project .for the City's
Water Treatment Plant Sludge Dewatering Facility. At this meeting, Mr. Barry indicated that a
10-Year roof repair prof ect was feasible and could even be warranted by a roofing manufacturer
such as Firestone.
During our meeting, we toured the building and were shown area where the building was leaking
through the walls of the structure. After some discussion, it was concluded that a good portion
of this leaking was likely coming from the horizontal joints along the top edge of the precast
concrete banding. This banding is located along the upper portions of the exterior walls.
As you requested at our meeting, this letter provides construction cost estimates for this roof
repair project along with our proposal for engineering services. The scope of this proposal
covers. services for Phases 2 and 3, which comprise the planning, design and construction
administration/surveillance phases, of the Project.
St. Paul, St. Ci.oud, Rochester, MN • Milwaukee, WI ^ Chiciago, l~
Affirmative Action/Equal Opportunity Employer and Employee Owned
Randy Hughes
Richfield, MN
~3
June 27, 2405
Page 2
Project Description
The existing 4-ply built up roofing membrane is proposed to be covered with a new 60-mil
EPDM rubber membrane system. The loose pitch and rocks will be swept off the roof and the
existing insulation system will be sawed into 5' by 5' squares as required by the manufacturer's
before the polyisocyanurate insulation, recovery board and EPDM membrane is put down. The
existing concrete parapet wall cap stones are proposed to be covered with treated wood blocking
and sheet metal coping.
Following the assumption that the roof has been leaking for some time, we propose to have the
roof inspected with infra-red cameras to determine if there are any areas where the existing
insulation is saturated. If found, these areas would be removed and inspected to determine the
condition of the existing metal roof decking. The project bid documents would include Unit
Price bid items for miscellaneous removal and replacement of sections of decking and insulation.
This work would occur before the new overlay system is installed.
Along with the roof overlay, it is proposed that the upper 2' of the exterior walls be covered with
metal wall panels similar in color to the proposed parapet cap flashing. These wall panels are
intended to seal off the horizontal joints along the top edge of the precast concrete banding that
are believed to be leaking.
We estimate the construction cost for this modified project scope to be approximately $190,000
to $200,000. Our estimate far just the roof portion is $170,000 to $190,000, but this project also
includes the new wall panels which we did not include in the last project description. Please note
that portions of the overlay project could be deferred to other years to make the project more
affordable.
Engineering Services ..
The City of Richfield desires to com.~ •ation of construction plans and specifications as
soon as possible to allow fo pring construction. ~p~LC-
See Appendix A for a detailed description of the scope of the engineering services.
Consultant Staff
I will serve as the client liaison for this project. Our architect, Bruce Paulson will serve as
project manager and will be responsible for the layout and design of the improvements. I will
assist Bruce in coordinating the work efforts and schedules of our other team members. As
needed, we will utilize Chuck Oehrlein -electrical engineering; and Phil Caswell -structural
engineering, who are both 20+ member of our firm.
Compensation
Phase 2 Engineering Fees: Assuming that the repairs move forward as one project, we
propose to complete the Phase 2 design services on an hourly basis that is Not-to-Exceed
$11,500, plus Reimbursable Expenses. Reimbursable expenses include such items as mileage,
postage, printing, lodging, and meals. Reimbursable expenses are billed at cost as they are
incurred and are estimated at no more than $750 for Phase 2. We understand that the value of
this Not-to-Exceed amount, totaling $12,250, cannot increase without further authorization from
Randy Hughes
Richfield, MN
!-
June 27, 2005
Page 3
you. The terms and conditions of this proposal wholly include the contents of the December 10,
1999 Agreement between the City of Richfield and Bonestroo, Rosene, Anderlik & Associates,
Inc. If the repairs are to move forward under multiple year portions, we would propose to prepare
plans that identify the full scope of repairs and then identify portions that can be discretely bid.
Phase 3 Engineering Fees: Phase 3 costs are dependent on significant factors outside our
control:-
• Extent of on-site presence desired by the City of Richfield
The contractor's responsiveness, competency, and profit level
• The contractor's adherence to the schedule
Assuming that the repairs move forward as one project, we propose to complete the outlined
Phase 3 efforts on an hourly basis that is in accordance with our standard billing rate schedule.
Assuming a 3-month construction period, we propose- aNot-to-Exceed amount of $1,250 for
bidding and $$,250 for contract administration, construction engineering and periodic
construction observation, plus Reimbursable Expenses. Reimbursable expenses are estimated at
no more than $2,000 for the entire construction phase including printing of the project plans and
specifications. Again, we understand that the value of this Not-to-Exceed amount, totaling
$11,500, cannot increase without further authorization from you. If the repairs are to be
undertaken over several years, we would simply seek hourly compensation.for our efforts as they
become needed.
We want to thank you for the opportunity to provide this proposal to you. It is very important to
us that our services continue to meet Richfield's needs. So after you have had an opportunity to
review this proposal, we would like to hear any comments, questions, and concerns you may
have. If this proposal is acceptable, please sign and return a copy of this letter, authorizing us to
proceed.
Yours very truly,
BONESTROO, ROSENE, AND
ASSOCIATES, INC.
Proposal is accepted; CITY OF
RICHFIELD
By
Michael Eastling, Director of Public Works
Date
BY~
.Steven Devich, City Manager
Date
Randy Hughes
Richfield, MN
Appendix A
Scope of Engineering Services
A. Basic Services
Phase 2 -Final Design Services
~'~
June 27, 2005
Page 4
Purpose: To work closely with the City of Richfield in the design of a new roof system. To
complete the creation of project bidding and construction contract documents; and to submit
documents necessary to obtain the necessary City approvals.
Tasks
2.1 Finai Construction Plans
2.2 Submit 60% Drawings to City of Richfield
2.3 Prepare Project Specifications
2.4 Submit Final Documents to City of Richfield
2.5 Formal City of Richfield Approval to Bid
Phase 3 -Construction- Services
Task 1 -Bidding and Award
_._
3:1.1 Prepare bid proposal and contract forms
3.1.2 Issue bid advertisement
3.1.3 Reproduce project bid documents. with 11'x17" drawings and distribute to interested
contractors
3.1.4 Respond to questions from prospective bidders
3.1.5 Attend bid opening to receive bids
3.1.6 Analyze bids, prepare bid tabulation, and prepare bid summary letter
3.1.7 Make presentation to City of Richfield if directed by Staff.
Task 2 -Contract Administration
3.2.1 Hald pre-construction conference
3.2.2 Begin construction observation and contract administration
3.2.3 Review shop drawings.
3.2.4 Review and recommend approval of contractor's partial payment requests
3.2.5 Attend twice-monthly meetings with contractor and City of Richfield Staff
3.2.6 Direct Contractor in the interpretation of contract documents.
32.7 Process change order requests as required.
Randy Hughes June 27, 2005
Richfaeld, MN Page S
Task 3 -Construction Inspection
3.3.1 Perform periodic on-site construction observation
3.3.2 Act as City of Richfield's liaison with contractor
3.3.3 Coordinate construction activities with City of Richfield staff to assure access to City hall
is maintained throughout the project
3.3.4 Review, correct, and approve contractor submitted construction progress schedule.
3.3.5 Maintain field records during on-site inspection
• Inspection diary
• Phone call log
• Note work activities and work force for all contractors and subs
• Record site deliveries
• Record meetings, discussions, observations and decisions
• Photograph project progress
3.4 Attend periodic job site progress meetings
Task 4- Contract Close Out
3.4 Request and obtain roof warranty documents
3.5 Request and obtain Tina{ roof system inspection certification by roof system manufacturer
3.6 Prepare construction punch lists to expedite project completion
3.7 Provide notification to City of Richfield and contractor of potential liquidated damages
3.8 Fully execute and bring closure to any liquidated damages issue
3.9 Recommend final payment to contractor upon project completion
3.10 Notify surety of final payment and commencement of warranty period
S. Supplemental Services
If authorized by the City of Richfield, the Engineer wilt provide the following services:
1.1. Making revisions in drawings, specifications or other documents when such revisions are:
1.1.1. Requested by the City of Richfield and are inconsistent with approvals or instructions
previously given by the City of Richfield;
1.1.2. Required by the enactment or revisions of codes, laws or regulations subsequent to
the preparation of such documents;
1.1.3. Due to any other causes beyond the Engineer's control.
1.2. Providing consultation regarding the replacement of all such parts of the Project as may
be damaged by fire or other cause during construction and assisting the City of Richfield
in arranging for continuation of the work should the Contractor default for any reason.
1.3. Providing services made necessary by the default of a Contractor, by major defects or
deficiencies in the work of a Contractor, or by failure of performance of either the City of
Richfield or a Contractor under the Contract for construction.
1.4. Construction dispute resolution assistance.
1.5. Providing cervices in connection with warran#y work to be done by the Contractor.
1.6. Preparation of applications for funding assistance.
1.7. Assisting the City of Richfield or its representative in connection with mediation,
arbitration, litigation or other proceedings involving the Project, including preparing to
testify and testifying as an expert witness.
1.8. Providing one or more full-time Resident Project Representatives (and assistant[s]) in
order to provide the City of Richfield with continuous representation at the Project site
during the Construction Phase.
1.9. Providing any other service not otherwise included in Basic Services or not customarily
furnished in accordance with generally accepted engineering practice.
AGENDA SECTION: CONSENT
AGENDA ITEM # SF
REPORT # 142
STAFF REPORT
CITY COUNCIL MEETING
.TULY 26, 2005
REPORT PREPARED BY:
JIM TOPITZHOFER, RECREATION
SERVICES DIRECTOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIIZECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of award of contract to Effective Golf Course Systems for a marketing analysis
stud fora ro osed olf ractice facilit in Richfield.
I. RECOMMENDED ACTION:
By Motion: Award a contract, in the amount of $2,950 as described in
Phase Two, to Effective Golf Course Systems for a marketing analysis
study for a proposed golf practice facility in Richfield.
II. BACKGROUND
In pursuit of City Council Goal and as directed by the Council to investigate the
feasibility of constructing a golf practice facility in Richfield, staff has formed the
Golf Practice Facility Task Force in 2004. The group has been meeting for more
than a year. One of the first tasks of the groups was to access available
parkland in Richfield that would be suitable to accommodate a golf practice
facility. The taskforce concluded the only potential site was Veterans Memorial
Park, because of space availability and excellent accessibility to a regional
transportation route.
0726go1f
~-~_ ~
The task force then contracted a nearby consulting company to help evaluate the
suitability of the site further. Phase one of this contract was approved by City
Council on May 25, 2004, in the amount of $900. Effective Golf Course System
(EGGS), a group out of Bloomington and present managers of the Braemar Golf
Course in Edina, was contracted to analyze the site through aerials and onsite
visits and to provide recommendations for potential footprints of teaching facilities
including number of tee locations (see attached report).
The task force then worked with Kevin Norby, Herfort - Norby. Golf Architects, to
further define how a golf practice facility could be designed in Veterans Park.
The attached site plan was presented to the Community Services Commission
on June 24, 2005. The Community Services Commission approved a motion to
recommend conducting a marketing study to see if it is financially feasible to
operate such a facility.
Phase Two of the EGGS contract includes an analysis of market competition,
brief demographic review, and operating budget estimates, for a fee of $2,950.
III. BASIS OF RECOMMENDATION
A. POLICY
• None
B. CRITICAL ISSUES
• None
C. FINANCIAL
• The fee of $2,950 is funded out of the Recreation Services operating
budget.
D. LEGAL
• None
IV. ALTERNATIVE RECOMMENDATION(S~
• None
V. ATTACHMENTS
• Effective Golf Course Systems Contract
• Phase One Report
• Site Plan
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Russ Susag, Golf Practice Facility Taskforce Chair
0726go1f
5~ ~-
Effective Golf Course Systems, Inc.
7922 Wyoming Avenue South
Bloomington, MN 55438
Phone 612-810-6490 • Fax 952-929-2760
May t 1, 2004
To: Jim Topitzhofer
Recreation Services Director
City of Richfield
6700 Portland Ave.
Richfield MN 55423
From: EGCS
Re: Contract for Teaching Facility Site Analysis and Market Study
This letter, upon signature of both parties, is a contractual agreement between the City
of Richfield and Effective Golf Course Systems (EGCS). The scope of the project as
follows:
Phase One
• Analysis of two potential sites through aerials and onsite visits.
• Recommendation of "footprint" of teaching facility on each potential site including
the number of potential tee stations.
• "Ballpark" estimates of possible construction costs for sites deemed feasible for
development.
• A brief write-up and meeting to present the findings.
• Expenses are included in the price below. -
Cost $900.00
Should one or both of the sites be deemed suitable for development by the client, EGCS
would proceed to Phase Two (optional) at the client's direction.
Phase Two
To include the following:
• Analysis of market competition (data to be collected •by City of Richfield).
• Brief demographic overview.
• "Ballpark" estimates of potential revenues and expenses
• Recommendations for facility amenities.
~,.~.
Effective Golf Course Systems, Inc.
7922 Wyoming Avenue South
Bloomington, MN 55438
~`' Phone 612-810-6490 ~ Fax 952-929-2760
• Eight bound copies of the report and informal meeting to present the findings.
• Expenses. are included in the price below.
Cost $2,950.t?0
Phase One ~ ,
For the City of Richfield: ,
Title: ~ (L IC S ~ ~~I'~s~T~~ I~ ~ ~
Date: ~ ~ ~`$ ~.~.?
For EGOS:
Title: ~ ~'/~ ~,S
Date: ~ ~ ~ ~l . ~ 6 ®~-
Phase Two
For the City of Richfield:
Title:
Date:
For EGCS: -
Title:
Date:
EGCS wishes to convey it's thanks for the opportunity to be of servoice to the City of
Richfield.
5F~ `~
. ctice F acili~y
ichf 1eld P ra er-ities
FZ. ~vl f Am
potential
w
w
1
w
~~
Short Game Practice Area
This area could include several greens for practicing putting, chipping, and sand
shots. This amenity would be a nice compliment to a driving range as golfers like
to practice all elements of their game. In some markets, facilities are able to
charge a fee for access. It would be difficult in this market as there are a number
of facilities that offer quality short game practice areas at no cost, but this
amenity would help attract golfers to the driving range.
Pitch and Putt Course
Parcels C and D could be combined to contain a pitch and putt course. There
should be sufFcient room for nine holes with the average length at about 50
yards. This course could be a great entry-level amenity to introduce juniors to
the game of golf. There is a lack of courses at this length, this product could
draw juniors and families from surrounding communities as many executive
courses have a minimum age of 8 to 70 years old. A layout like this could
provide a safer alternative for juniors under that age.. This length course would
eliminate adults from making full swings, which can be dangerous with juniors on
the course.
Golf Dome
After doing an extensive study of golf domes and winter golf practice facilities in
this market, the current environment isn't conducive.to adding another golf dome
as most of the domes appear to be losing money. 1n addition, the proximity of
the. Braemar Gotf Dome;-which is the busiest facility-in-the metro, doesn't bode
vrell for putting a similar facility. in the adjoining community.
Putting Course
A putting course of either natural or synthetic turf could be located on Parcels B,
C, D, or a combination of C/D. A putting course that isn't too "childish" or "cute"
could attract both novice and serious golfers: A greens fee would be charged to
use this amenity. Parcel B would be a likely candidate for two reasons. First, the
.drive-by visibility is excellent. Second, due to the proximity of Portland Avenue
and the parking lot, we would not recommend this parcel for usage of airborne
shots, such and a short game practice area or chip and putt course for safety
concerns. Use of this parcel for airborne shots would require netting which would
drive up development costs in addition to being aesthetically unpleasing.
We have included renaerings of possible layouts for the parcels. These are
conceptual drawings (not to scale) and a qualified golf course architect should be
retained before proceeding with development.
~-'-- ~\
~,,
~~~~
~~-
Effective Golf Course Systems (EGGS) was directed to give a more in-depth
analysis of golf related amenities for four potential parcels at Veteran's Memorial
Park. The four parcels are:
Parcel A. 930ft x 300ft/6.71 Acres
Parcel B 750ft x 290ft/5.11 Acres
Parcel C (Irregular shape)/2.51 Acres
Parcel D 220ft x 500ft/2.57 Acres
There are several golf amenities that could be developed on these sites,
although a driving range would be the most desired (and profitable) amenity.
Options for the other parcels could include a short game practice area; a chip
and putt course, a golf dome, or a putting course. We will give a brief description
of each option and potential placement at the: site..
Driving Range
There is potential to place a driving range on Parcel A, it is the onlysite with
enough size. A range on this parcel would .definitely require netting around the
perimeter. This could be a sizable cost, an architect would need to calculate the
height of the poles factoring in the soil conditions. The netting would need to be
held high enough to contain all.golf balls. The orientation would have the tee
area on the west-end with the golfers hitting to the east, the most desirable
orientation for a driving is north to south or south to north as golfers are not
looking into the sun while they hit. The west to east orientation at which golfers
are looking into the sun in the morning is far better than east to west which has
golfers looking into the sun at the peak business hours of late afternoon.
The range could feature several target greens as golfers enjoy hitting to targets
versus an open field. There is the potential to have heated/covered tees to make
this an extended-season facility. We have found that it is difficult to keep golfers
warm enough during the coldest months at this type of facility. The off-season
revenue may not offset the additional construction/operating courses of adding
this feature. The width of 300ft would allow for approximately 27 stalls. This is
based on a 10-foot width per stall and allowing 15 feet on each end so that
golfers aren't placed too close to the netting "walls". Dividers between stalls are
a necessity, they should be moved forward or back if the tee line is moved to
rotate the turf. It would be very difficult to maintain natural turf in this contained
area, there isn't sufficient depth to move the tee line forward and back for
rotation. There are some synthetic turf products that are excellent. We have
found that golfers prefer to hit off a quality synthetic turf over natural turf that is in
marginal condition. We didn't explore the option of lighting the range to extend
the operating hours as we were told that the heavy mosquito population would
make this impractical.
~~efi~~k~~' k1!$~~s `~fic ~+.,~ f :hYt~ fi+ y~ S`Yt43~ Y~^~' X A
v ; ~!
"~ a~
~:• :~.ikY ~.
~..
a"`i. P.• r"S
4
b~
' Y .
~
s - ~ ~3X ~~
_._
~~
~~~ ~"
~~ ,
a~- ;
~'~~
r
.~.~~~<7
.Y.y2,vS~J ri~~...
~~ t ~y:'
3%_~ r. S:
('?A
»yf
.y;_ 4
~ ~ ~~ ~
r ~ ~.:
i
• •
,~ ~~
,~ _ *'~~,~ "~~~,'~_ . "' r
'~,~~ ,~ «,' ~ ~,'~ ~ ~ ~°~ ~'° "~ r~ .
..
' .mom ~ ~
~ ., ~ .. -
....4._,,,~ _ ~ .~. _....._. _ ._..
T. .y~ jai .~ ~` , .;
~i ..~., ' w.. r. ~ x x ',"7i~"~ x x ~'% x 'R x n A.,.. * x~_~:'~ x~ ti. x r,
r -,
A~~ ~ ~ \~ / ~ NBC
~r~~~ ~~~ -, ,
.~ ~" ~ ~,;
((i{
'~.~` ' ~ ~ ...v~x~~+tiY ' ~ ~ ~ G) SKI 1; -,
O~ h
a'S.
~ ~~ ~ r k jp~ Y ~ ask ~.±{
y~ x * QS ~~ I~ !r ,
'rjrY~ rn n ~"~~
~ yy / ~ t '!7 W A
T y U
;e. l ,' ,
•
w,
M~.
.~,~ ;
\ I
~ v
~.?'
~- ,,.
.'.~.,
i
p •... ~. i - -1
. ~ ./p ~ .
~ ~ TJ x 1
c3 ~~:. ~~ v. °~
~i~
_ x
„,
2 ca '
1 i
"'~
>~.
v -,.
~ T ! ` ~
g Q r w ~.~ ~r Z7 .d C -
m 3v~ ..
j r g ~ y eFl $ ~ x ~ Q~ ^~~^
s*
N ~ '~ 0
O C d 'a
0 7 c»
~ x O
Nm n' ~
~ N ~ ~
b-_- V
~~
A; .; - .,
y
-~?w
~~` '~, .
~Y'
~~l
I' 1
-~
AGENDA SECTION:
AGENDA ITEM #
REPORT #
r
STAFF REPORT
CITY COUNCIL MEETING
JULY 26, 2005
CONSENT
141
REPORT PREPARED BY:
THOMAS FOLEY, TRANSPORTATION
ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR '
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of authorizing the submission of a federal TEA-21 Transportation grant
a lication.
I. RECOMMENDED ACTION:
By Motion: Authorize the submission of a federal TEA-21
Trans ortation rant a lication.
II. BACKGROUND
Every two years the Metropolitan Council solicits applications for federal.
transportation grants. This year the deadline for applications is August 19, 2005.
City staff is recommending the submission of one grant application for the addition
of a pedestrian/bicycle path to be attached to a new MnDOT bridge that will replace
the existing 76th Street Bridge over I-35W.
III. BASIS OF RECOMMENDATION
A. POLICY
0726 TEA-21 Grants
~~~I
The City's Comprehensive Plan encourages safe freeway crossings
for pedestrians and bicyclists. Also, develop pedestrian and bike
facilities that are functional, attractive and accessible.
B. CRITICAL ISSUES
• Narrow sidewalks on bridges are difficult to maintain. The new 76th
Street Bridge could have wider sidewalks and a separate
pedestrian/bike trail to improve safety. The most cost-effective way of
adding apedestrian/bike path over 35W is by attaching it to a new
bridge.
C. FINANCIAL
• The project is estimated to cost $424,000. TEA-21 federal grants
provide 80 percent of construction costs. The remaining costs will
come from Municipal State Aid (gas tax revenues) for the 76th Street
Bridge.
D. LEGAL
• The City Council must accept any federal funds before the City can
spend the money. The TEA-21 grant process is very competitive.
Notice of grant awards will not occur until early in 2006.
IV. ALTERNATIVE RECOMMENDATION(S~
• Council may refuse to authorize the submission of the grant application for
federal funding.
• Council may choose to submit a grant application for a skyway over the 6600
block of Lyndale Avenue. However, Metro Council staff has informed the City
staff that the skyway proposal is not eligible for TEA-21 funds.
V. ATTACHMENTS
• Location map of proposed pedestrian/bike path as part of new 76th Street
Bridge over 35W.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None anticipated.
~C- z
.L
m
N
m
N
-~--+
L
~+
.L
m
Y
~
N
~ ~~ ~~ .r.
o
a
~ M
+~
ti
~
~ o
~
M
W~
~
Z
\/~ H
~ N
U
~
AGENDA SECTION: CaNSENT
AGENDA ITEM # SD
REPORT # 1~FO
STAFF REPORT
CITY COUNCIL MEETING
JULY 26, 2005
REPORT PREPARED BY:
KRISTIN ASxER,
ASSISTANT CITY ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of Petition and Waiver Agreement with Mainstreet Villiage.
I. RECOMMENDED ACTION:
By Motion.: Approve Petition and Waiver Agreement with Mainstreet
Villa e.
II. BACKGROUND
Mainstreet Village is the owner of the property located at 7601 Lyndale Avenue.
The rain gutters from the property deposit water on the sidewalk, which presents a
public safety concern; because flowing water hinders free and unimpeded
pedestrian travel on the sidewalk and because in cold weather the water freezes
and presents a safety hazard for pedestrians.
Mainstreet Village has requested that the City install one or more drainage pipes
underneath the sidewalk in order to abate the nuisance created by the existing
condition. The City desires to reconstruct the public sidewalk and install one or
more drainage pipes under the sidewalk adjacent to the Property as an
improvement to the public sidewalk.
0726Mainstreet
50 ~~
Mainstreet Village wishes and the City is willing to levy 50 percent of the cost of the
improvement against the property owner.
Shafer Contracting will complete the improvement under a work order for the 7600
Block Improvements project.
III. BASIS OF RECOMMENDATION
A. POLICY
• The existing condition is defined as a public nuisance affecting peace
and safety in Section 925.01 Subd. 4(h) of the Richfield City Code.
The code states "the allowing of rain water, ice or snow to fall from
any building or structure upon any street or sidewalk to flow across
any sidewalK'.
B. CRITICAL ISSUES
• The existing condition is a public nuisance affecting peace and safety
by allowing water to flow across the sidewalk and because in cold
weather the water freezes and becomes a safety hazard for
pedestrians.
C. FINANCIAL
• The estimated cost of the improvement is $13,500.00, of which the
City requests that the Owner pay 50 percent of the cost
• The City's estimated cost for the improvement is $6,750.00.
• The funds from the Owner will be assessed over afive-year period in
as part of the City's annual maintenance assessment. The proposed
assessment will be properly filed with the City Clerk and assessments
will be made next year with the yearly maintenance assessments.
D. LEGAL
• The City Attorney has prepared the agreement.
IV. ALTERNATIVE RECOMMENDATION(S~
• Do not construct the safety improvement.
V. ATTACHMENTS
• Petition and Waiver Agreement under consideration.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
~~~'~-
PETITION AND WAIVER AGREEMENT
This Agreement is made this _ day of , 2005 by and between Richfield
Senior Housing, Inc., a corporation under the laws of Minnesota ("Owner") and the City of
Richfield, a Minnesota municipal corporation ("City").
Recitals
A. Owner is the owner of property located at 7601 Lyndale Avenue South in the City of
Richfield, Minnesota, legally described as:
Lot 1, Block 1, Mainstreet Village, County of Hennepin.
(the "Property").
B. The Property abuts a sidewalk. The rain gutters from the improvements on the Property
deposit water on the sidewalk, .which presents a public safety concern, because flowing water
hinders free and unimpeded pedestrian travel on the sidewalk and because in cold weather the water
freezes and presents a safety hazard for pedestrians.
C. Owner has requested that the City install one or more drainage pipes underneath the
sidewalk in order to abate. the nuisance created by the existing condition.
D. City desires to reconstruct the public sidewalk and install one or more drainage pipes under
the sidewalk adjacent to the Property as an improvement to the public sidewalk (the -
"Improvement").
E. Owner wishes the City to levy 50 percent of the cost of the Improvement .against the
Property in the manner provided by Minn. Stat. § 429.031, subdivision 3.
F. The City is willing to levy the assessment as requested by Owner, if the Owner provides the
City with assurances and covenants adequate tot ensure that the City will have valid. and collectable
special assessments as they relate to the Property to finance the Improvement.
G. If not for the assurances and covenants made in this Agreement, the City would not
construct the Improvement:
Agreement
1. The foregoing recitals are incorporated into and made a part of this Agreement.
2. Owner hereby petitions the City to construct and install the Improvement and to levy
the cost of the Improvement against the Properly according to the procedures in Minnesota Statutes,
Section 429.031, subdivision 3 and in accordance with this Agreement.
262431v1(SJS) 1
RC160-4
~~l~
3. Owner represents and warrants that it holds a fee simple ownership interest in the
Property, that it has full legal power and authority to encumber the Property as herein provided, and
that as of the date hereof the Property is not subject to any liens, interests or encumbrances, except
as listed on the attached Exhibit One.
4. City agrees to install the Improvement contemplated by this Agreement.
5. Owner requests that 50 percent of the cost of the Improvement be assessed against
the Property. The remaining 50 percent of the cost of the Improvement will be the responsibility of
the City. Owner acknowledges that the estimated cost of the Improvement is $13,500.00 and that
Owner's share of that estimated cost is $6,750.00; however, Owner also acknowledges that
unforeseen conditions could cause the cost of the Improvement to exceed the estimate.
6. Owner waives notice of hearing and hearing on the proposed improvement pursuant
to Minn. Stat. § 429.031 and also waives notice of hearing and hearing on the special assessments
to be levied pursuant to Minn. Stat. § 429.061, and specifically requests that the special assessment
be levied against the Property without hearings.
7. Owner waives the right to appeal the levy of the special assessments in accordance
with this Agreement pursuant to Minn. Stat. § 429.081, or reapportionment thereof upon land
division pursuant to Minn. Stat. § 429.071, subd. 3, or otherwise, and further specifically agree with
respect to such special assessments against the Property or reapportionment that:
a. Any requirements of Minn. Stat. Chapter 429 with which the City does not
comply are hereby waived by the Owner.
b. The increase in fair market value of the Property resulting from the Improvement
will be at least equal to $10,000.00, and that such increase in fair market value is
a special benefit to the Property.
c. Assessment of 50 percent of the cost of the Improvement is reasonable, fair and
equitable, and there are no other properties against which such cost should be
assessed; and
8. Owner understands and agrees that the City will .provide for the payment of such
special assessments in installments over five years bearing such interest as may be determined by
the city council of the City. However, the decision regarding the interest rate to be applied is the
absolute and sole discretion of the city council, subject only to limitations imposed by law.
9. Owner represents and warrants that the Property is not so classified for tax purposes
as to result in deferral of the obligation to pay special assessments; and Owner agrees that it will
take no action to secure such tax status for the Property during. the term of this Agreement.
10. The covenants, waivers and agreements contained in this Agreement shall bind the
successors and assigns of the Owner and shall run with the Property and bind all successors in
interest thereof. It is theintent of the parties hereto that this Agreement be in a form which is
262431v1(SJS) 2
RC160-4
r
l
5~-~
recordable among the land records of Hennepin County, Minnesota; and they agree to make any
changes in this Agreement which may be necessary to effect the recording and filing of this
Agreement against the title of the Properly.
11. This Agreement shall terminate upon the final payment of all special assessments
levied against the Property regarding the Improvement, and the City shall upon request by Owner
execute and deliver such documents, in recordable form, as are necessary to extinguish its rights
hereunder.
12. Notwithstanding any provision in this Agreement, the obligation to pay 50 percent
of the cost of the Improvement shall remain a personal obligation of the Owner, and any person
accepting fee title to the Property after the date of recording this Agreement, by acceptance of the
deed conveying fee title, accepts and assumes a personal obligation for the payment of any
remaining unpaid balance thereof. Provided, however, that the City agrees not to bring any action
or pursue collection of the amount due from the Owner or successor unless the special assessments
to be levied pursuant to this Agreement are first determined by court to be invalid or become
uncollectible by reason of tax forfeiture of the Property.
IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year
written above.
Dated: ~ / ~ 2005.
262431v1(SJS)
RC160-4
RICHFIELD SE1vIOR HOUSING, INC.
By:
Its: "~/~ ~'i-~c~vr
CITY OF RICHFIELD
By:
Martin J. Kirsch, Mayor
By:
Steven L. Devich, City Manager
3
~~ ~~
STATE OF 1~BNNESOTA
ss..
COUNTY OF HENNEPIN
The foregoing instrument was ackno~led before me this ~~- day of
2005 by the
f~~.,~~.e ~~~~~, of Richfield Senior Hour' g, Inc., a corporation under the laws
of~Jj,n~.~,~.~ , by and on behalf of said corporation.
'°'"'"'~` NORMA J. GODFREY
/~;~~~$
/'~ E
' ~`:'~ Notary Public-Minnesoca
,... My Commission Expires Jan 3~. 2^~0
„ vu~~•.
STATE OF MINNESOTA
ss..
COUNTY OF HENNEPIN
Notary Publi
The foregoing instrument was acknowledged before me this day of
2005 by Martin J. Kirsch and Steven L. Devich, the mayor and city
manager, respectively, of City of Richfield, a Minnesota. municipal corporation, by and on behalf of
said corporation.
Notary Public
262431v1(SJS)
RC160-4
~~'~
EXHIBIT A
List of Permitted Encumbrances
262431v1(SJS)
RC160.4
AGENDA SECTION: CONSENT
AGENDA ITEM # SC
REPORT # l39
STAFF REPORT
CITY COUNCIL MEETING
JULY 26, 2005
REPORT PREPARED BY:
COUNCIL PRESENTER:
REVIEWED BY CITY MANAGER:
CHRIS REGIS, FINANCE MANAGER
ITEM FOR COUNCIL CONSIDERATION:
Consideration of authorization of lease for antenna. space on Penn Avenue water tower to
S rint S ectrum. L. P.
I. RECOMMENDED ACTION:
By Motion: Authorize the Mayor and City Manager to execute a lease
agreement with Sprint Spectrum for antenna space on the Penn
Avenue water tower.
III. BACKGROUND
As Council Members are aware, the mobile telephone industry represents a
significant marketplace in the Twin City metropolitan area. A number of firms have
authorization to establish telecommunications towers and operations in the
Minneapolis/St. Paul area. As such, those firms are generally approaching cities
and schools in order to negotiate lease agreements for the use of some of their
respective facilities for antenna space. Lighting, radio and water towers are such
facilities that provide an excellent base for antenna space.
The City has previously approved lease agreements with T-Mobile and Sprint at the
Logan Avenue Water Tower, Verizon Wireless at the Penn Avenue water tower and
Sprint at the City Hall radio tower. Recently, the City has been in discussions with
Sprint to locate an antenna on the Penn Avenue water tower.
After considerable discussion, Sprint and the City have come to tentative approval
of a lease agreement including plans for the ground structure required to support
the antenna facilities. The major terms of the lease, which follow very closely a
model lease developed by the League of Minnesota Cities, are as follows.
0726antenna
~"' C-1
1. The lease is to begin on December 31, 2005 or the start of construction,
whichever is earlier, pending approval of other agencies such as the FCC and
will end on December 31, 2010. The term of the lease may be extended for
three additional five-year periods.
2. The lease for the tower antenna space shall be $19,250 for the initial year and
be increased annually by four percent or the CPI, whichever is greater, over the
previous year's annualized rent. However, 2005 will be prorated for the period
beginning the December 31, 2005 or the start of construction, whichever is
earlier.
3. The facility that would be needed by Sprint to provide support service to the
antenna mounted would be incorporated into a fenced area under the existing
water tower and would be secured from public access.
III. BASIS OF RECOMMENDATION
A. POLICY
• The antenna on the radio tower will not cause any problems or
interference with the communications of the City.
• The lease, in its entirety, provides for many favorable provisions and
protections for the City of Richfield, and in most respects either
equals or exceeds the standards set forth in the League of Minnesota
Cities' model lease.
• Sprint has agreed to the terms of the lease agreement.
B. CRITICAL ISSUES
• Staff is requesting approval at the July 26, 2005 City Council meeting
so that Sprint may begin activity in conjunction with establishing this
antenna space and the support structures needed to accompany it.
C. FINANCIAL
• The $19,250 annual lease payment is a fair amount and is
commensurate with what Richfield and other cities are getting for
similar antenna facilities in the metro area.
D. LEGAL
• The lease document has been reviewed and approved by the City
Attorney's Office.
IV. ALTERNATIVE RECOMMENDATION(S)
• The City Council could defer action on this item to a future meeting.
I V . ATTACHMENTS I
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
~ c-~.
SITE LEASE AGREEMENT
THIS SITE LEASE AGREEMENT ("Lease"), made this day of , 2005
between the City of Richfield {"Landlord"}. and SPRINT SPECTRUM LP, a Delaware
Limited Partnership ("Tenant").
For good and valuable consideration, the parties agree as follows:
1. Leased Premises. Subject to the terms and conditions of the Lease, Landlord
hereby leases to Tenant and Tenant leases from Landlord a portion of Landlord's
property, located at 6355 Penn Avenue South, County of Hennepin, State of Minnesota,
legally described in Exhibit A attached hereto, consisting of ground space for an
equipment shelter, subject to any and all existing easements, and a portion of the Water
Tower or other structures ("Structure"), as more particularly shown in Exhibit B attached
hereto, on which directional antennas, connecting cables and appurtenances will be
attached and located, the exact location of each to be reasonably approved by
Landlord, together with appurtenant easements and access rights ("Leased Premises").
2. Rent.
(a) Amount, adjustments. As consideration for this lease, Tenants shall pay
Landlord an annual rent in the amount of nineteen thousand two hundred fifty dollars
($19,250.00) for the initial year. Said lease payment shall be increased each year on
January 1 by the greater of: 1) 4% of the previous year's annualized rent or 2) by an
amount equal to the increase in the Consumer Price Index (CPI) from the previous year.
The CPI shall mean the Consumer Price Index for all Urban Consumers, All Cities as
published by the United States Department of Labor Statistics or if there shall be no
successor index, such comparable index as mutually agreed upon by the parties.
(b) Time of Payment. Taxes. Landlord shall communicate all rental increases
to the Tenant in writing no later than thirty-one days (31) prior to January 1 of each year.
The annual rental for the coming year shall be paid no later than December 31. The
first year, the rental shall be prorated through December 31 and shall be paid to
Landlord in full at the time Lease is executed. If the Tenant does not meet the
requirements referenced in Subparagraph 3(a) below, and Tenant has diligently
pursued such requirements, Landlord shall refund the Tenant rental payment made at
the time of Lease execution and this Lease shall terminate. In addition to the annual
rental, Tenant agrees to timely pay its prorata share of any taxes or payment in lieu of
taxes required as a result of this Lease.
JMS-26556h2
RC145-534
~ ~-3
3. Governmental Approval Contingency.
(a) Tenant Application. Tenant's right to use the Leased Premises is
expressly made contingent upon its obtaining all the certificates, permits, zoning and
other approvals that may be required by any federal, state, or local authority. This shall
include the engineering study specified in Subparagraph 3(b) below on the Structure to
be conducted at Tenant's expense. Subject to Landlord's rights under its police powers,
Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals
and shall take no action which would adversely affect the status of the Leased Premises
with respect to the Tenant's proposed use thereof.
(b) Interference Study. Before obtaining a building permit, Tenant must pay
for the reasonable cost of (i) radio frequency interference study carried out by an
independent and qualified professional selected by the Landlord showing that Tenant's
intended use will not interfere with existing communications facilities and (ii) an
engineering study showing that the Structure is able to support the Tenant's Facilities,
as defined in Subparagraph 5(b), without prejudice to the City's use of the Structure. If
the study finds that there is a potential for interference that cannot be reasonably
remedied or for prejudice to the Structure, Landlord may terminate this Lease
immediately and refund the initial rental to Tenant after payment to Landlord for the cost
of the study.
(c) Non-approval. In the event that any application necessary under
Subparagraph 3(a) above is finally rejected or any certificate, permit, license, or
approval issued to Tenant is canceled, expires, lapses, or is otherwise withdrawn or
terminated by governmental authority so that Tenant, in is sole discretion, will be unable
to use the Leased Premises for its intended purposes, Tenant shall have the right to
terminate this Lease and be reimbursed for the rental payment if made pursuant to
Subparagraph 2(b) above. Notice of Tenant's exercise of its right to terminate shall be
given to Landlord in writing by certified mail, return receipt requested, and shall be
effective upon receipt of such notice by Landlord as evidenced by the return receipt.
Except as required under Subparagraph 12(d} below, upon such termination, this Lease
shall become null and void and the parties shall have no further obligations to each
other.
4. Tenn and Renewals. The "Initial Term" of this Lease shall commence on
2005 ("Effective Date") and end on December 31 of the fifth calendar year
(December 31, 2010) of the Lease. Subject to the terms and conditions of this Lease,
Tenant may extend the term of this Lease for three (3) additional five (5) year renewal
periods ("Renewal Term") commencing on January 1 following the expiration date of the
Initial Term or of any subsequent Renewal Term. Tenant shall be deemed to have
elected to extend the term for each Renewal Term unless Tenant sends written notice
to Landlord of Tenant's intention not to extend at least 90 days prior to each Renewal
Term, Initial Term or any second or third Renewal Term, such notice provided in
accordance with Paragraph 19 of the Lease.
JMS-265569dL
RCI45-534
5 ~-~
5. Tenant's Use.
(a) User Priority. Tenant agrees that the following priorities of use, in
descending order, shall apply in the event of communication interference or other
conflict while this Lease is in effect, and Tenant's use shall be subordinate accordingly:
1. Landlord;
2. Public safety agencies, including law enforcement, fire, and ambulance
services, that are not part of the Landlord;
3. Other governmental agencies where use is not related to public safety;
4. Government-regulated entities whose antennae offer a service to the general
public for a fee, in a manner similar to a public utility, such as long distance,
cellular telephone, or data transmission, not including radio or television
broadcasters, whose lease precedes this Agreement.
(b) Purposes. The Tenant shall have the exclusive use of the Leased
Premises only for the purpose of installing, maintaining, and operating aLandlord-
approved communications antenna facility, equipment, cabinets and an accessory
building, and uses incidental thereto for providing radio and wireless telecommunication
services which Tenant is legally authorized to provide to the public. Tenant's use of any
other portion of Landlord's property (including that portion of the water tower not
included in the definition of "Leased Premises" in Section 1 hereof) shall be non-
exclusive and Landlord specifically reserves the right to allow such other property to be
used by other parties and to make additions, deletions, or modifications to its own
facilities on such property. Tenant's communications antenna facility shall consist of
antennas at aLandlord-approved location, along with cable and appurtenances
connected to an accessory building or cabinet located on the Leased Premises
("Antenna Facilities"). Tenant shall comply with all applicable ordinances, statutes and
regulations of local, state and federal government agencies.
(c) Construction. Tenant may erect and operate an antenna array in
accordance with its submitted application attached as Exhibit B. If Tenant seeks to
increase the number of antennas, it must first pay for an evaluation carried out by a
qualified professional, retained by Landlord demonstrating that (i} each additional
antenna will. not interfere with existing antenna or with proposed antennas with a higher
priority and that (ii) any Structure can structurally support the additional antennas. The
cost of each evaluation must be paid by the Tenant within 30 days after receiving
written notice of the cost. Landlord must consent to installation of additional antennas;
such consent will not be unreasonably withheld. If Landlord consents, the parties will
negotiate the amount of additional rental for the antennas.
(d) Operation. Tenant shall have the right, at its sole cost and expense, to
operate and maintain the Antenna Facilities on the Leased Premises in accordance with
good engineering practices, with all applicable FCC rules and regulations. Tenant's
installation of all Antenna Facilities shall be done according to plans approved by
Landlord, which approval shall not be unreasonably withheld. Any damage done to the
Leased Premises or other Landlord property including the Structure during installation
or during operations shall be repaired at Tenant's expense within 30 days after
JMS-26556941
RC145-534
5 ~-~
notification of damage. The Antenna Facilities shall remain the exclusive property of the
Tenant, unless otherwise provided in this Lease.
(e) Maintenance, Improvement Expenses. All modifications to the Leased
Premises and all improvements made for Tenant's benefit shall be at the Tenant's
expense and such improvements, including antenna, facilities and equipment, shall be
maintained in a good state of repair, at least equal to the standard of maintenance of
the Landlord's facilities on or adjacent to the Leased Premises, and secured by Tenant.
If Tenant's Antenna Facilities are mounted on the Structure they shall, at all times, be
painted, at Tenant's expense, the same color as the Structure.
(f) Replacements. Before the Tenant may update or replace the Antenna
Facilities, Tenant must notify and provide a detailed proposal to Landlord. Tenant shall
submit to Landlord a detailed proposal for any such replacement facilities and any other
information reasonably requested by Landlord of such requested update or
replacement, including but not limited to a technical study, carried out at Tenant's
expense. Landlord may not unreasonably withhold approval of the update or
replacement.
(g) Drawings. Tenant shall provide Landlord with as-built drawings of the
equipment and improvements installed on the Leased Premises, which show the actual
location of all Antenna Facilities. Said drawings shall be accompanied by a complete
and detailed inventory of all equipment, personal property, and Antenna Facilities
actually placed on the Leased Premises.
(h) No Interference. Tenant shall, at its own expense, maintain any
equipment on or attached to the Leased Premises in a safe condition, in good repair
and in a manner suitable to Landlord so as not to conflict with the use of the
surrounding premises by Landlord. Tenant shall not unreasonably interfere with the
operations of any prior tenant using the Structure and shall not interfere with the
working use of the water storage facilities thereon or to be placed thereon by Landlord.
(i) Access. Tenant, at all times during this Lease, shall have access to the
Leased Premises in order to install, operate, and maintain its Antenna Facilities. Tenant
shall have access to the Structure only with the approval of Landlord. Tenant shall
request access to the Structure twenty-four (24) hours in advance, except in an
emergency, and Landlord's' approval thereof shall not be unreasonably withheld or
delayed. In the event it is necessary for Tenant to have access to the Structure at some
time other than the normal working hours of Landlord, Landlord may charge Tenant for
whatever reasonable expense, including employees' wages, that Landlord incurs in
providing such access to Tenant.
(j) Payment of Utilities. Tenant shall separately meter charges for the
consumption of electricity and other utilities associated with its use of the Leased
Premises and shall promptly pay all costs associated therewith.
JMS-26556941
RC145-534
~c-~
6. Emergency Facilities. In the event of a natural or man-made disaster, in order
to protect the health, welfare, and safety of the community, Tenant may erect additional
Antenna Facilities and install additional equipment on a temporary basis on the Leased
Premises to assure continuation of service. Such temporary operation shall not exceed
90 days unless Tenant obtains written approval from the Landlord.
7. Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall
promptly pay to Landlord all additional Landlord expenses incurred in maintaining the
Leased Premises, including painting or other maintenance of the Structure that are
caused by Tenant's occupancy of the Leased Premises.
8. Additional Buildings. Tenant acknowledges that Landlord may permit
additional buildings to be constructed on the property described in Exhibit A. At such
time as this may occur, Tenant will permit said buildings to be placed immediately
adjacent to Tenant's building and will allow "attachments" to its building so as to give the
appearance that all buildings are a connected facility. Said attachments will be made at
no cost to Tenant and will not compromise the structural integrity of Tenant's building.
9. Defense and Indemnification.
(a} General. Tenant agrees to defend, indemnify and hold harmless Landlord
and its elected officials, officers, employees, agents, and representatives from and
against any and all claims, costs, losses, expenses, demands, actions, or causes of
action, including reasonable attorneys' fees and other costs and expenses of litigation,
which may be asserted against or incurred by Landlord or for which Landlord may be
liable in the performance of this Lease, except those which arise solely from the
negligence, willful misconduct, or other fault of Landlord; provided, however, Tenant
shall also defend all matters arising out of Landlord's inspection or permit issuing
actions or inactions. Tenant shall defend all claims arising out of the installation,
operation, use, maintenance, repair, removal, or presence of Tenant's Antenna
Facilities, equipment and related facilities on the Leased Premises.
(b) Hazardous Materials. Without limiting the scope of Subparagraph 9(a)
above, Tenant will be solely responsible for and will defend, indemnify, and hold
Landlord, its agents, and employees harmless from and against any and all claims,
costs, and liabilities, including attorney's fees and costs, arising out of or in connection
with the cleanup or restoration of the Leased Premises associated with the Tenant's use
of Hazardous Materials.
Landlord will be solely responsible for and will defend, indemnify, and hold
Tenant, its agents, and employees harmless from and against any and all direct claims,
costs, and liabilities, including reasonable attorney's fees and costs, arising out of in
connection with the removal, cleanup, or restoration of the Leased Premises with
respect to Hazardous Materials from any and all sources other than those Hazardous
Materials introduced to the Leased Premises by Tenant and their agents, including
independent contractors. Nothing herein shall be deemed a waiver by Lessor of the
limitations on liability set forth in Minnesota Statutes, Chapter 466.
JMS-2655692
RC145-534
5 C- ~
For purposes of this Lease, "Hazardous Materials" shall be interpreted broadly
and specifically includes, without limitation, asbestos, petroleum, fuel, batteries, PCBs,
or any hazardous substance, waste, or materials as defined in any federal, state or local
environmental or safety law or regulations including, but not limited to, CERCLA, and
the Clean Water Act.
(c) Tenant's Warranty. Tenant represents and warrants that its use of the
Leased Premises will not generate and Tenant will not store or dispose of on the
Leased Premises, nor transport to or over the Leased Premises, any Hazardous
Materials, unless Tenant specifically informs Landlord thereof in writing twenty four
hours prior to such storage, disposal or transport, or otherwise as soon as Tenant
becomes aware of the existence of Hazardous Materials on the Leased Premises.
The obligations of this Paragraph 9 shall survive the expiration or other
termination of this Lease.
10. Insurance.
(a) Workers' Compensation. The Tenant must maintain Workers'
Compensation insurance in compliance with all applicable statutes. The policy shall
also provide Employer's Liability coverage with limits of not less than $500,000 Bodily
Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500,000
Bodily Injury by disease, each employee.
(b) General Liability.. The Tenant must maintain an occurrence form
comprehensive general liability coverage. Such coverage shall include, but not be
limited to, bodily injury, property damage -broad form, and personal injury, for the
hazards of Premises/Operation, broad form, contractual, independent contractors, and
products/completed operations.
The Tenant must maintain aforementioned comprehensive general liability
coverage with limits of liability not less than $5,000,000 each occurrence; $5,000,000
personal and advertising injury; $5,000,000 general aggregate, and $5,000,000
products and completed operations aggregate. These limits may be satisfied by the
comprehensive general liability coverage or in combination with an umbrella or excess
liability policy, provided coverage afforded by the umbrella or excess policy are no less
than the underlying comprehensive general liability coverages.
(c) Automobile Liability. The Tenant must carry Automobile Liability
coverage. Coverage shall afford total liability limits for Bodily Injury Liability and
Property Damage Liability in the amount of $5,000,000 per accident. The liability limits
may be afforded under the Commercial Policy, or in combination with an Umbrella or
Excess Liability Policy provided coverage of ridges afforded by the Umbrella Excess
Policy are no less than the underlying Commercial Auto Liability Coverage.
Coverage shall be provided for Bodily Injury and Property Damage for the
ownership, use, maintenance or operation of all owned, non-owned and hired
automobiles.
JMS-26556941
RC 145-534
~~~~
The Commercial Automobile Policy shall include at least statutory personal injury
protection, uninsured motorists and underinsured motorists coverages.
(d) Tenant Property Insurance. The Tenant must keep in force for the
duration of the Lease a policy covering damages to its property at the Leased Premises.
The amount of coverage shall be sufficient to replace the damaged property, loss of use
and comply with any ordinary or law requirements.
(e) Additional Insured -Certificate of Insurance. The Tenant shall provide,
prior to tenancy, evidence of the required insurance in the form of a Certificate of
Insurance issued by a company (rated B+12 or better), licensed to do business in the
state of Minnesota, which includes all coverages required in this Paragraph 10. Tenant
will list the Landlord as an Additional Insured on the General Liability and Commercial
Automobile Liability Policies. The Certificate(s) shall also provide the coverage may not
be canceled, non-renewed, or materially changed without thirty (30) days prior written
notice to the Landlord.
11. Damage or Destruction. If the Leased Premises is destroyed or damaged,
without contributory fault of the Tenant or its agents, so as, in Tenant's judgement, to
hinder its effective use of the Antenna Facilities, Tenant may elect to terminate the
Lease, upon 30 days' written notice to Landlord. In the event Tenant elects to terminate
the Lease, Tenant shall be entitled to reimbursement of pre-paid rent covering the
period subsequent to the date of damage to or destruction of the Leased Premises.
12. Lease Termination.
(a} Events of Termination. Except as otherwise provided herein, this Lease
may be terminated by either party upon sixty (60) days written notice to the other party
as follows:
(i) by either party upon a default of any covenant or term hereof by the
other party, which default is not cured within sixty (60) days of receipt of written
notice of default to the other party (without, however, limiting any other rights of
the parties pursuant to any other provisions hereof);
(ii) by Tenant for cause if it is unable to obtain or maintain any license,
permit or other governmental approval necessary for the construction and/or
operation of the Antenna Facilities or Tenant's business;
iii) by Tenant for cause if the Leased Premises is or becomes
unacceptable for technological reasons under the Tenant's Antenna Facilities,
design or engineering specifications or the communications systems to which the
Antenna Facilities belong;
(iv) by Landlord, if its Council decides, for any reason to redevelop the
Leased Premises and/or discontinue use of the Structure for all purposes or any
purpose inconsistent with this Agreement. If Landlord decides to discontinue use
to redevelop the Leased Premises, Landlord shall provide cone-year written
JMS-26556941
RC145-534
~~~~
notice to Tenant.
(v) by Landlord if it determines that the Structure is structurally
unsound, including, but not limited to, consideration of age of the Structure,
damage or destruction of all or part of the Structure on the Leased Premises from
any source, or factors relating to condition of the Leased Premises;
(vi) or by Landlord if it determines that a potential user with a higher
priority under Subparagraph 3(a) above cannot find another adequate location, or
the Antenna Facilities unreasonably interfere with another user with a higher
priority, regardless of whether or not such an interference was predicted in the
initial interference study that was part of the application process; or
(vii) by Landlord if it determines that Tenant has failed to comply with
applicable ordinances, or state or federal law, or any conditions attached to
government approvals granted thereunder, after a public hearing before the
Landlord's Council.
(b) Notice of Termination. The parties shall give notice of termination in
writing by certified mail, return receipt requested. Such notice shall be effective upon
receipt as evidenced by the return receipt. All rentals paid for the Lease prior to said
termination date shall be retained by Landlord.
(c) Tenant's Liability for Early Termination. If Tenant terminates this Lease
other than of right as provided in this Lease, Tenant shall pay to Landlord as liquidated
damages for early termination, 150% of the annual rent for the year in which Tenant
terminates unless Tenant terminates during the last year of any Term under Paragraph
4 and Tenant has paid the annual rental for that year, which shall not be refunded.
(d) Site Restoration. In the event that this Lease is terminated or not
renewed, Tenant shall have 60 days from the termination or expiration date to remove
its Antenna Facilities, and related equipment from the Leased Premises, repair the site
and restore the surface of the Structure. Upon the commencement of this Lease,
Tenant shall provide a performance bond in the amount of $5,000,000 to guarantee
timely restoration of the Site following any lease termination. In the event that Tenant's
Antenna Facilities, and related equipment are not removed to the reasonable
satisfaction of the Landlord, they shall be deemed abandoned and become the property
of the Landlord and Tenant shall have no further rights thereto.
13. Limitation of Landlord's Liability. If Landlord terminates this Lease other than
as of right as provided in this Lease, or Landlord causes interruption of the business of
Tenant or for any other Landlord breach of this Lease, Landlord's liability for damages
to Tenant shall be limited to the actual and direct costs of equipment removal, relocation
or repair and shall specifically exclude any other recovery of damages to Tenant,
including but not limited to, value of the business of Tenant as a going concern, future
expectation of profits, loss of business or profit or related damages to Tenant.
JMS-26556941
RC145-534
,~ (°-lC~
14. Temporary Interruptions of Service. If Landlord determines that continued
operation of the Antenna Facilities would cause or contribute to an immediate threat to
public health and/or safety (except for any issues associated with human exposure to
radio frequency omissions, which is regulated by the federal government), Landlord
may order Tenant to discontinue its operation. Tenant shall immediately comply with
such an order. Service shall be discontinued only for the period that the immediate
threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify
Tenant as soon as possible after its action and give its reason for taking the action.
Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's
service or interference with Tenant's operation of its Antenna Facilities, except as may
be caused by the willful misconduct of the landlord, its employees or agents. If the
discontinuance extends for a period greater than three days, either consecutively or
cumulatively, Tenant shall have the right to terminate this Lease within its sole
discretion.
15. Tenant Interference.
(a) With Structure. Tenant shall not interfere with Landlord's use of the
Structure and agrees to cease all such actions which unreasonably and materially
interfere with Landlord's use thereof no later than three business .days after receipt of
written notice of the interference from Landlord. In the event that Tenant's cessation of
action is material to Tenant's use of the Leased Premises and such cessation frustrates
Tenant's use of the Leased Premises, within Tenant's sole discretion, Tenant shall have
the immediate right to terminate this Lease.
(b) With Higher Priority Users. If Tenant's Antenna Facilities cause
impermissible interference with higher priority users as set forth under Subparagraph
5(a} above or with pre-existing tenants, Tenant shall take all measures necessary to
correct and eliminate the interference. If the interference cannot be eliminated within 48
hours after receiving Landlord's written notice of the interference, Tenant shall
immediately cease operating its Antenna Facilities and shall not reactivate operation,
except intermittent operation for the purpose of testing, until the interference has been
eliminated. If the interference cannot be eliminated within 30 days after Tenant
received Landlord's written notice, Landlord may at its option terminate this Lease
immediately.
(c) Interference Study -New Occupants. Upon written notice by Landlord
that it has a bona fide request from any other party to lease an area including or in close
proximity to the Leased Premises ("Leased Premises Area"), Tenant agrees to provide
Landlord, within sixty {60) days, the radio frequencies currently in operation or to be
operated in the future of each transmitter and receiver installed and operational on the
Lease Premises at the time of such request. Landlord may then have an independent,
registered professional engineer of Landlord's choosing perform the necessary
interference studies to determine if the new applicant's frequencies will cause harmful
radio interference to Tenant. Landlord shall require the new applicant to pay for such
interference studies, unless the Landlord or other higher priority user requests the use.
In that event, the Tenant and all other tenants occupying the Leased Premises Area
JMS-26556941
RC145-534
,~~-- I I
shall pay for the necessary interference studies, pro rata.
(d) Interference -New-Occupants. Landlord agrees that it will not grant a
future lease in the Leased Premises Area to any party who is of equal or lower priority
to Tenant, if such party's use is reasonably anticipated to interfere with Tenant's
operation of its Antenna Facilities. Landlord agrees that it will require any subsequent
occupants of the Leased Premises Area of equal or lower priority to Tenant to provide
Tenant these same assurances against interference. Landlord shall have the obligation
to eliminate any interference with the operations of Tenant caused by such subsequent
occupants. If such interference is not eliminated, Tenant shall have the right to
terminate this Lease or seek injunctive relief against the interfering occupant, at
Tenant's expense.
16. Successors and Assigns. This Agreement shall run with the Property and shall
be binding on and inure to the benefit of the parties, their respective successors,
personal representatives and assigns. Tenant will not assign or transfer this Agreement
or sublet all or any portion of the Leased Premises without the prior written consent of
Landlord which consent will not be unreasonably withheld or delayed provided,
however, that Tenant may assign or sublet without Landlord's consent to any party
controlling, controlled by or under common control with Tenant or to any party which
acquires substantially all assets of Tenant. Except as provided above, Lessee shall
make no other assignment or transfer of this Agreement without obtaining the written
consent of Lessor, which consent shall not be unreasonably withheld.
17. Condemnation. In the event the whole of the Leased Premises is taken by
eminent domain, this Lease shall terminate as of the date title to the Leased Premises
vests in the condemning authority. In event a portion of the Leased Premises is taken
by eminent domain, either party shall have the right to terminate this Lease as of said
date of title transfer, by giving thirty (30) days' written notice to the other party. In the
event of any taking under the power of eminent domain, Tenant shall not be entitled to
any portion of the reward paid for fhe taking and the Landlord shall receive full amount
of such award. Tenant hereby expressly waives any right or claim to any portion
thereof. Although all damages, whether awarded as compensation for diminution is
value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord,
Tenant shall have the right to claim and recover from the condemning authority, but not
from Landlord, such compensation as may be separately awarded or recoverable by
Tenant on account of any and all damage to Tenant's business and any costs or
expenses incurred by Tenant in moving/removing its equipment, personal property,
Antenna Facilities, and leasehold improvements.
18. Enforcement and Attomevs' Fees. In the event that either party to this Lease
shall bring a claim to enforce any rights hereunder, the prevailing party, as deemed by
the arbitrator or court, including appellate courts, shall be entitled to recover costs and
reasonable attorneys' fees incurred as a result of such claim.
19. Notices. All notices hereunder must be in writing and shall be deemed validly
given if sent by certified mail, return receipt requested, addressed as follows (or any
other address that the party to be notified may have designated to the sender by like
JMS-265569v2
RC 145-534
5C-~ ~.
notice}:
If to Landlord, to: City of Richfield
6700 Portland Avenue South
Richfield, MN 55423
If to Tenant, to: Sprint Contracts & Performance,
Mailstop KSOPHT0101-22650,
6391 Sprint Parkway, Overland Park,
Kansas 66251-2650
With a copy to: Sprint Law Department,
Mailstop KSOPHT0101-22020,
6391 Sprint Parkway, Overland Park,
Kansas 66251-2020,
Attn.: Sprint Real Estate Attorney.
20. Authority. Each of the individuals executing this Lease on behalf of the Tenant
or the Landlord represents to the other party that such individual is authorized to do so
by requisite action of the party to this Lease.
21. Binding Effect. This Lease shall run with the Leased Premises. This Lease
shall extend to and bind the heirs, personal representatives, successors and assigns of
the parties hereto.
22. Complete Lease; Amendments. This Lease constitutes the entire agreement
and understanding of the parties and supersedes all offers, negotiations, and other
agreement of any kind. There are no representations or understandings of any kind not
set forth herein. Any modification of or amendment to this Lease must be in writing and
executed by both parties.
23. Goveming Law. This Lease shall be construed in accordance with the laws of
the State of Minnesota.
24. Severability. If any term of this Lease is found to be void or invalid, such
invalidity shall not affect the remaining terms of this Lease, which shall continue in full
force and effect.
25. Quiet. Possession. Tenant is entitled to quiet possession of the Leased
Premises throughout the Term and any Renewal Term so long as Tenant is not in
default hereunder beyond any applicable cure period.
26. Memorandum of Lease. If requested by Tenant, Landlord will promptly execute
and deliver to Tenant a recordable Memorandum of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed
their respective seals the day and year first above written.
JMS-26556941
RC145-534
~C-~/3
LANDLORD: City of Richfield
By
Its Mayor
By
Its City Manager
TENANT: SPRINT
gy
Its
JMS-2655692
RC145-534
5e-i~
STATE OF MINNESOTA
COUNTY OF )
ACKNOWLEDGMENT
ss.
The Foregoing instrument was acknowledged before me this day of
2005 by and ,the Mayor and City
Manager respectively of the City of Richfield, on behalf of the corporation.
Notary Public in for the State of Minnesota
County of
My Commission expires:
STATE OF )
COUNTY OF )
ACKNOWLEDGMENT
ss.
The Foregoing instrument was acknowledged before me this
2005 by the
on behalf of the corporation.
Notary Public in for the State of
County of
My Commission expires:
day of
of
JMS-265569v2
RC145-534
AGENDA SECTION:
AGENDA ITEM #
REPORT #
STAFF REPORT
CITY COUNCIL MEETING
JULY 26, 2005
CONSENT
5B
138
REPORT PREPARED BY:
MELISSA POEHLMAN, ZONING
ADMINISTRATOR
NAME, Tilts
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of first reading of amendments to Richfield Zoning Code Sections 500.05, and
500.13 and 500.25, Subdivision 1 to u date and clari subdivision re ulations.
I. RECOMMENDED ACTION:
By Motion: Conduct a first reading of the attached ordinance
amendments to Richfield Zoning Code Section. 500.05 and 500.13 and
500.25 Subdivision 1 to update and clarify subdivision regulations
and schedule public hearing and second reading for September 13,
2005.
II. BACKGROUND
In reviewing the Plats, Subdivision Regulations section of the City Code, staff has
discovered some out-of-date references and inconsistencies with State Statutes. The
.proposed changes are minor and will bring the Code into compliance with current State
laws, update out-of-date language, and clarify requirements.
Summary of recommended changes.
The recommended revisions to the City's Zoning Code can be summarized as follows:
072605-1 stRead Subdivision Ord.
Zoning: ~~~
a) The proposed changes update the Code to reference current Statutes and
repeals language that is no longer valid.
b) The proposed changes clarify minimum lot size requirements by deleting
potentially confusing language.
c) The proposed changes reduce the number of copies required for plat
submissions.
III. BASIS OF RECOMMENDATION
A. POLICY
• The recommended ordinance amendments will update and clarify plat and
subdivision regulations for properties in the R, R-1, MR, MR-1, MR-2, MR-
3, C-1, C-2, C-3, PC-2, PMR, PMR-1 and I zoning districts.
B. CRITICAL ISSUES
• The City Code should be in compliance with and reference current State
Statutes.
Minimum lot requirements should be based on the underlying Zoning District
in which a parcel is located; additional language unnecessarily confuses the
issue.
• The City Attorney has reviewed and approved these proposed amendments
to the City's Code.
C. FINANCIAL
• N/A
D. LEGAL
Zoning: This ordinance amendment clarifies plat and subdivision
regulations for the entire City of Richfield.
Land Use: All zoning districts
Comprehensive Plan: N/A
Notification: Notification for the City Council public hearing on this proposed
Zoning Code amendment will be provided as by State Statute and
City requirements.
Other Actions:
Council: The Planning Commission will review the proposed
amendments at its July 25, 2005 meeting.
If .approved by the Council at this first reading, a second reading
and public hearing will be scheduled for September 13, 2005. If the
City Council adopts the recommended changes, they will take effect
30 days after the approved Council resolution is posted in the Sun
Current newspaper.
IV. ALTERNATIVE RECOMMENDATION(S~
• Reject the motion to amend Richfield Zoning Code Sections 500.05 and
500.13 and 500.25 Subdivision 1 to update and clarify subdivision and plat
regulations.
~~ ~~
V. ATTACHMENTS
• Code References: Draft of proposed amendments to Zoning Code Sections 500.05
and 500.13 and 500.25 Subdivision 1 to update and clarify subdivision regulations.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Persons interested in plat and subdivision regulations.
BILL NO. ~~ ~~
AMENDMENT TO RICHFIELD CITY CODE
SECTION 500.05;
SECTION 500.13;
AND SECTION 500.25, SUBDIVISION 1
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1 Section 500.05 Subdivision 1 of the Richfield City Code is amended to read as
follows:
500.05. Conveyances by metes and bounds. Subdivision 1. Conveyances
prohibited. No conveyance of land in which tha land rnnvavarl is riacrrihPri
Sec. 2
Subd. 1a. Subdivision 1 does not apply to a conveyance if the land described:
I of record April 1.1945 or the
or or the aaoption
or
7. whichever is
b. was the subject of a written agreement to convey entered into prior to such
time, or
c. was a separate parcel of not less than 2-1/2 acres in area and 150 feet in
width on January 1, 1966, or
d. was a separate parcel of not less than five acres in area and 300 feet in width
on July 1, 1980, or
rcel of commercial or industrial land of not less than five acres
reswr in me aivision or me parcel inro rwo or more fors or p.
which is less than five acres in area or 300 feet in width, or
f. is a single parcel of residential or agricultural land of not less than 20 acres
and having a width of not less than 500 feet and its conveyance does not
result in the division of the parcel into two or more lots or parcels, any one of
which is less than 20 acres in area or 500 feet in width; or
072605-1stRead Subdivision Ord.
Section 500.05 of the Richfield City Code is amended by adding a new
subdivision 1a as follows:
5~-- ~
g. is an adjustment of a lot line by the relocation of a common boundary, w
the conveyance does not create an additional lot or space sufficient to
nce
Sec. 3. Section 500.05, subdivision 5 of the Richfield City Code is repealed.
Sec. 4 Section 500.13 of the Richfield City Code is amended to read as follows:
500.13. Minimum lot area. The minimum area and minimum width of any lots in a
plat or subdivision shall
nr minima ~m Int ~niirith is cnar_ifiarl fnr ci ir_h a Int r~lcr~whara in this rnriP in whir_h
conform to the standards of the zoning
district in which the parcel falls. Where corner lots rear upon lots facing the side
street, the corner lots shall have extra width sufficient to permit the establishment
of front building lines on both the front and side of the lots adjoining the streets.
Extra width shall be provided on all corner lots irrespective of whether they rear
upon lots facing the side streets.
Sec. 5 Section 500.25 Subdivision 1 of the Richfield City Code is amended to read as
follows:
500.25. Final approval of plats. Subdivision 1. Submission to council. The final
plan on mylar a~tracing_clotl~ and f~ two prints thereof, together with faun two
copies of any deed restrictions when such are too lengthy to be shown on the
plat or plan, and thraa two prints of the certified plans showing the improvements
as built or as they are to be built within the subdivisions shall be submitted to the
council. Before approving the final plat or plan of all or part of a proposed
subdivision, the council will require proof that the improvements and revisions
thereof required have been satisfactorily completed or their construction secured
by contract and bond. The final plat accepted shall cover only that part of the
subdivision upon which all improvements have been completed or secured.
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 day of June, 2005.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION:
AGENDA ITEM #
REPORT #
J STAFF REPORT
CITY COUNCIL MEETING
JULY 26, 2005
CONSENT
137
REPORT PREPARED BY:
MELISSA POEHLMAN,
ZONING ADMINISTRATOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Cancellation of public hearing regarding consideration of a request for a Conditional Use
Permit to allow used car sales at 7720 Wentworth Avenue in the C-2 zonin district.
I. RECOMMENDED ACTION:
By Motion: Cancel the public hearing on July 26, 2005 regarding
consideration of a request for a Conditional Use Permit to allow used
car sales at 7720 Wentworth Avenue.
II. BACKGROUND
Mr. Hilmer Hovelson, owner of the property located at 7720 Wentworth Avenue
South, was interested in leasing out a portion of his. building and lot for used car
sales. In the C-2 zoning district, auto or boat sales/lease is a conditional use and
therefore must meet certain criteria to be allowed. After the Administrative Review
Committee Meeting in which Planning and Zoning, Engineering, Public Works,
Building Inspections, Fire, Public Safety and Environmental Health reviewed the site
and the submitted plans, Mr. Hovelson was provided with a list of improvements
that would need to be made before a conditional use permit could be approved.
Significant investment would be required to bring the property into compliance. For
example, Mr. Hovelson would be required to pave and install curb and gutter in the
parking lot and to add additional landscaped areas.
072605 -CUP - 7720 Wentworth -Cancellation
.~/' - ~
After considering the necessary improvements, Mr. H.ovelson has decided not to
pursue a conditional use permit for auto sales on his property.
III. BASIS OF RECOMMENDATION
A. POLICY
• N/A
B. CRITICAL ISSUES
• N/A
C. FINANCIAL
• N/A
D. LEGAL
• Zoning: C-2, General Commercial
• Land Use: Current -Auto-detailing shop
Proposed -Used-auto sales
Comprehensive Plan: Regional Commercial/Office
Notification: Legal notice published in Sun Current
Newspaper
Other Actions:
IV. ALTERNATIVE RECOMMENDATION(S~
• N/A
V. ATTACHMENTS
• N/A
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• N/A