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02-11-03 agendaCITY OF RICHFIELD, MINNESOTA TUESDAY, FEBRUARY 11, 2003 SPECIAL CITY COUNCIL WORKSESSION COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. Call to order Roll call 1. Discussion of City of Richfield Emergency Response Plan 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 fo three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on ifems not on the agenda, Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Worksession of January 24, 2003; (2) Special City Council Meeting of January 25, 2003; (3) Special City Council Meeting of January 28, 2003; and (4) Regular City Council Meeting of January 28, 2003 PRESENTATIONS 1. Presentation of Richfield Police Officer of the Year Award to Matthew Steen 2.- Consideration of draft Central-South Metro Transit Concept Plan-submitted by Metro Transit Staff Report No. 31 Notes: 3. Presentation of Wood Lake Nature Center grant update by Karen Shragg, Nature Center Manager COUNCIL DISCUSSION 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 ordinance amendment to Richfield City Zoning Code Section 820.05 regarding legal notice requirements for vacating public right-of-way S.R. No. 32 B. Consideration of approval of first reading of transitory ordinance providing expenditure of funds from Special Revenue Fund for certain capital improvements and schedule public hearing and second reading for March 11, 2003 S.R. No. 33 C. Consideration of approval of resolution regarding stipulation of settlement on Parcel 7 of 76th Street Widening. Project between City, HRA and Meyers .(owners) S.R. No. 34 D. Consideration of approval of resolution regarding City of Richfield Emergency Response Plan to aid City in mitigation, preparedness, response and recovery from any type of disaster S.R. No. 35 E. Consideration of approval of resolution authorizing City of Richfield application for 2003 Municipal Recycling Grant from Hennepin County S.R. No. 36 F. Consideration of approval of award of contract to Oertel Architects for architectural services including plans, specifications, bidding documents and construction management for remodeling of Richfield Community Center in amount not to exceed 10% of total project cost S.R. No. 37 Notes: 6. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARINGS 7. Public hearing and consideration of resolution regarding preliminary plat for City Bella redevelopment project by Gramercy Corporation Staff Report No. 38 Notes: 8. Public hearing and second read of transitory ordinance authorizing sale of City-owned property at 6945 Clinton Avenue to HRA for rehabilitation Staff Report No. 39 Notes: PROPOSED ORDINANCE 9. Consideration of second reading of amendment to City Administrative Code Section 310.31, Subd. 1 describing holidays granted to eligible fulltime employees Staff Report No. 40 Notes: RESOLUTIONS 10. Disciplinary hearings and consideration of resolutions regarding civil enforcement #or alcohol establishments in Richfield that recently underwent alcohol compliance checks conducted by Richfield Public Safety staff and failed by selling alcohol to underage youth Staff Report No. 41 Notes: 11. Consideration of resolution regarding 2002-2003 labor agreement with Richfield Professional Firefighters Local 1215 Staff Report No. 42 Notes: OTHER BUSINESS 12. Consideration of purchase of 205 trees from Bachman's Nursery Wholesale Center in amount of $19,304.19 Staff Report No. 43 Notes: 13. Consideration of modification to just compensation award for 6626-18th Avenue; Airport-Noise Acquisition Program Staff Report No. 44 Notes: CITY MANAGER'S REPORT Notes: 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: 14.Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 612-861-9702. AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING FEBRUARY 11, 2003 OTHER BUSINESS 13 44 JOHN STARK, REPORT PREPARED BY: COMMUNITY DEVELOPMENT MANAGER NAME, TITLE REPORT PRESENTER: BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~~ SIGNATURE REVIEWED BY CITY MANAGER: ~ ,~~ ~ ~ ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution establishing revised just compensation and authorizing the purchase of 6626 18th Avenue South (Airport Noise Acquisition Program). I. RECOMMENDED ACTION: By Motion: Approve the attached resolution establishing revised just compensation and authorizing the purchase of 6626 18th Avenue South (Airport Noise Acquisition Program). II. BACKGROUND • On July 24, 2002, the Richfield City Council awarded just compensation of $160,000 for the purchase of the house located at 6626 18t" Avenue South. • This house is located within the Airport Noise Acquisition Program (ANAP) area, and is being purchased with the $10 million grant from the Metropolitan Airports Commission (MAC). • The original just compensation amount was based on an appraisal that was commissioned by City staff. • The homeowner presented staff with an appraisal report (dated August 8, 2002) which valued the properly at $170,000 and included factors which were not specifically included in the City's appraisal. 1210-6344cedar • After discussing the homeowner's appraisal with the appraiser that was hired by the City, City staff has concluded that the second appraisal may warrant a revision to the amount of just compensation. • The City's grant agreement with the MAC allows an increase of up to 10% over the original appraised value without official MAC approval. In this case, the proposed increase over the original appraisal would be 6.25%. • City staff have been in constant discussions with the homeowner ever since an offer was first made on July 25, 2002. • The homeowner has now verbally committed that they would accept an offer that reflects their appraisal amount of $170,000, but nothing less. • Attached is the resolution for City Council consideration. III. BASIS OF RECOMMENDATION A. POLICY • The $10 million MAC grant agreement identifies 6626 as a property to be purchased. • On July 24, 2002 the Richfield City Council approved a just compensation award of $160,000 based on an appraisal. • On July 25, 2002 City staff presented the property owner with a purchase offer indicating a purchase price of $160,000. • On August 8, 2002 the homeowner provided City staff with an appraisal valuing the property at $170,000. • City staff reviewed this new appraisal and find that it is a legitimate and acceptable appraisal. • A revised just compensation amount of $170,000 represents a 6.25% increase over the original offer and does not require any additional MAC approval. B. CRITICAL ISSUES • City staff believes that without this modification to the just compensation, it will not be possible to reach agreement with this property owner. C. FINANCIAL • The increased expenditure of $10,000 would not affect the number of properties that the City could purchase with the $10 million MAC grant. D. LEGAL • Legal counsel has been involved in the discussions with this homeowner and concur with staff that such a modification to the just compensation award is not in conflict with grant agreement between the City and the MAC. ALTERNATIVE KECOMMENDATION(S) ~ • Deny approval of the modification of the just compensation award, in which case the City may be unable to purchase this property in the airport area. ATTACHMENTS ~ • A resolution establishing revised just compensation and authorizing the .purchase of 6626 18th Avenue South. VI. PRINCIPAL PARTIES EXPECTED AT MEETING RESOLUTION NO. RESOLUTION ESTABLISHING REVISED JUST COMPENSATION AND AUTHORIZING PURCHASE OF REAL PROPERTY LOCATED AT 6626 18TH AVENUE SOUTH AIRPORT NOISE ACQUISITION PROGRAM WHEREAS, on September 10, 2001, the City Council approved the acquisition strategy for residential property in the airport mitigative area, using $10 million in federal funds secured by Congressman Sabo; and WHEREAS, on March 26, 2002, the City Council approved an agreement (Agreement) with the Metropolitan Airports Commission (MAC) to provide $10 million of Federal Aviation Administration (FAA) airport improvement program funds to the City of Richfield to purchase properties (including all related costs) that are, or will be, negatively impacted by airport operations; and WHEREAS, within the aforementioned airport mitigative area the real property located at 6626 18th Avenue South is identified for purchase; and WHEREAS, the City is authorized by Minnesota Statutes to acquire real property within its corporate boundaries; and WHEREAS, the City has extended an offer of fair market value, as determined by qualified independent professional appraisers, to the owners of real property located at 6626 18th Avenue South; and WHEREAS, the owners of real property at 6626 18th Avenue South have presented an additional appraisal report valuing the property at $170,000 to City staff for the aformentioned property; WHEREAS, the City is authorized to negotiate for the purchase of property and to extend purchase offers to owners within 110 percent of the appraised value, up to $25,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the revised just compensation in an amount of $170,000 is hereby approved. 2. That the City's acquisition/negotiation/relocation consultant, Conworth, Inc., is authorized to present a purchase offer of said amount to the owners of real property listed identified as 6626 18th Avenue South. Adopted by the City Council of the City of:Richfield, Minnesota this 11th day of February, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk EXHIBIT A Pro a Address Le al Descri tion 6626 18th Avenue South Lot 5, Block 2 Wexler's Addition, Richfield, Minnesota. AGENDA SECTION: Other Business AGENDA ITEM # 12 REPORT # 4 3 J STAFF REPORT CITY COUNCIL MEETING FEBRUARY 11, 2003 REPORT PREPARED BY: RANDY HUGHES, OPERATIONS COORDINATOR NAME, TITLE REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the purchase of 205 trees from Bachman's Nursery in an amount of $19,304.19. I. RECOMMENDED ACTION: By Motion: Approve the purchase order for 205 trees from Bachman's Nurse Wholesale Center in an amount of $19,304.19. II. BACKGROUND For the last three years, the City has spent approximately $10,000 per year on the purchase of trees to help replace those trees lost primarily from disease and storms. The number of trees purchased yearly is less than the number of lost trees but generally is enough to satisfy most of the residents who want a boulevard tree. Over the years, the City has made no effort to replace boulevard trees lost on County roads because the County has discouraged replacement of trees on their right-of-way. Last year, at the request of the Council, additional funds were budgeted for tree purchases to address this problem. Staff solicited quotes from nurseries last fall and tagged 205 trees at Bachman's for spring 2003 delivery. This occurs in October instead of January to assure the best selection of stock. 021103treepurchase Since that time, discussions of budget reductions have become more intense and the City's Forestry program has been listed as a service that should be reviewed. There is also a question of how to pay for the program. If this discussion affects the number of trees to be ordered this spring, staff needs to know now so the vendor can be notified. III. BASIS OF RECOMMENDATION A. POLICY • Although this purchase does not exceed $25,000 and does not require council approval, staff feels council should review this purchase. B. CRITICAL ISSUES • With the future budget reductions, and the possibility of forestry services being curtailed, new forestry policies may be implemented in 2003 or 2004. C. FINANCIAL • This purchase is in the 2003 approved budget. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Council may choose not to purchase any trees this year, even though approximately 100 people have been told they are on the City's spring planting list. • Council may choose to purchase only the trees to replace those lost primarily from disease and storms and not purchase trees for planting on Hennepin County boulevards. V. ATTACHMENTS • Copy of Purchase Order to Bachman's Nursery Wholesale Center VI. PR.II~ICIPAL PARTIES EXPECTED AT MEETING • None REQUISITION /PURCHASE ORDER DATE: 1~22~03 BILL TO: DELIVERY INFORMATION: NOTICE TO VENDOR: CITY OF RICHFIELD DEPT./DIVISION: PW~ Forestry THE CITY IS EXEMPT FROM ALL FEDERAL 670n PORTLAND AVENUE ADDRESS: EXCISE TAXES (FEDERAL CERTIFICATION R ELD. MN 55423-2599 ATTENTION: Rand HU~heS A385727) PAYMENTS ARE ISSUED PURSUANT TO CIL APPROVAL AFTER THE SECOND ^ (6 ._ . v1-9700 MATERIAL DATA SAFET S HEE REQUIRED CITY COUN , AND FOURTH MONDAY EACH MONTH EPARTMENT DIVISION: FUNDS AVAILABLE: MANAGER: ~~ DATE: ~ ~ 2..Z-O TE: DATE: DATE: WHITE-VOUCHER/CANARY-DEPARTMENT VENDOR BACHMAN' S NURSERY WHOLESALE CENTER P.O. N~~ 416 51 ADD RESS 6877-235TH STREET WEST FARMINGTON MN 55024-9638 pTY DESCRIPTION UNIT AMOUNT ACCOUNT CODE UNIT PRICE 4 Crabapple, Profusion 1.75" BB 3.00 $ 332.00 6 Crabapple, Spring Snow 1.75" 6B 3.00 498.00 15 Hackberry 1.5" BB 3.00 1245.00 ~0 Linden, Sentry America 1.5" BB 3.00 3320.00 35 Maple, Autumn Blaze 1.5" BB 3.00 2905.00 ~0 Maple, Autumn Spire Red 1.5" BB 92.00 5520.00 2 Maple, Emerald Lustre 1.5" BB 3.00 166.00 35 Maple, Majesty Sugar 1.5" BB 92.00 3220.00 10 Oak, Red 1.5" BB 92.00 920.00 Sales tax 1178.19 Prices include delivery charge 19,304.19 10620-7350 TOTAL STAFF REPORT AGENDA SECTION AGENDA ITEM # REPORT # CITY COUNCIL MEETING `u`uu`""u"""'u"® FEBRUARY 11, 2003 Resolutions 11 42 REPORT PREPARED BY: STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR Nom, TI7ZE REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the 2002-2003 labor contract with the Richfield Professional Firefighters Local 1215. RECOMMENDED ACTION: By Motion: Adopt the resolution approving the provisions of the 2002-2003 labor agreement with the Firefighters Local 1215 and authorize the City Manager to execute the agreement. II. BACKGROUND City staff has completed labor negotiations with the Firefighters Local 1215 for the years 2002 and 2003 subject to Council approval. Local 1215 represents Firefighter, Fire Lieutenant and Fire Captain positions. There are 24 positions represented in the unit. The tentatively approved settlement includes the following changes: 2002 Contract 1. Wages: • 3.5% across-the-board increase effective January 1, 2002. Fire Contract 021103 ~'i'~~~~ ~~~ 2. Insurance Benefits: • $20 increase from $475/month to $495/month for dependent health coverage. 3. Holiday Leave: • Increase the holiday leave from 11 (264 hours) to 12 (288 hours) holidays per year. 4. Clothing Allowance: • $30 increase in annual clothing allowance from $430/year to $460/year. 5. Sick Leave & Disability Reserve: • Change the definition of immediate family member to include grandchildren, step parents and/or legal guardians, and stepchild/foster child. 2003 Contract Wages: • 3% across-the-board increase effective January 1, 2003. 2. Insurance Benefits: • Increase the maximum health insurance contribution for dependent coverage to $515/month for employee plus spouse and employee plus child(ren) and $530/month for family coverage. • $1 increase from $26/month to $27/month for single dental coverge. 3. Clean up of languages pertaining to change from Public Safety Department to Fire Services Department. 4. New uniform clothing list. 5. In addition, the City and Union agree to preserve the right to take an unresolved demand for City insurance contribution for retirees to arbitration during 2003 if the Union decides to pursue the matter further. III. BASIS OF RECOMMENDATION A. POLICY • The City has met and negotiated with the Union and is bound under the Public Employers' Labor Relations Act to meet and bargain over the terms and conditions of employment. The 2002-2003 proposed settlement is similar to other City employee groups and is well within the range for firefighter bargaining groups in similar cities. B. CRITICAL ISSUES • In order to allow the City's accounting personnel to modify payroll records in a timely manner for 2002 wages and benefits, it is recommended that'the City Council act on February 11, 2003 to adopt the attached resolution providing for contract changes, effective January 1, 2002. C. FINANCIAL • 3.5% & 3% wage increases for 2002 & 2003 respectively; • $20/month increase in maximum insurance benefits per employee - 2002; • $36 increase in maximum insurance benefits per month per employee - 2003; • Addition of 24 holiday hours per year per employee; • $30 per year per employee increase in clothing allowance. D. LEGAL • If the terms of this agreement are not approved, further negotiation will need to take place and/or arbitration. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the terms of this agreement. • Defer discussion to another date. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND RICHFIELD PROFESSIONAL FIREFIGHTERS, LOCAL 1215 BARGAINING UNIT FOR THE YEARS 2002-2003 WHEREAS, the City Manager and the Richfield Firefighters Local 1215 have reached an understanding concerning conditions of employment for the years 2002 and 2003; and WHEREAS, it would be inappropriate to penalize Firefighters Local 1215 members who have negotiated in good faith; and WHEREAS, the Human Resources Ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be completed by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City of Richfield and Richfield Firefighters Local 1215 Bargaining Unit for the years 2002-2003, under the provisions of the Labor Agreement to be implemented, effective January 1, 2002. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of February, 2003. Martin J. Kirsch Mayor ATTEST: Nancy Gibbs City Clerk AGENDA SECTION: Resolutions AGENDA ITEM # j Q REPORT # 41 J STAFF REPORT CITY COUNCIL MEETING FEBRUARY 11, 2003 REPORT PREPARED BY: BETSY CxIUSTENSEN, SUPPORT SERVICES MANAGER NAME. TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: u SIGNATURE REVIEWED BY CITY MANAGER: 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: Approve the attached resolutions suspending the license to sell alcohol for five (5) consecutive days for each of the first time violating establishments; levying a fine against each establishment in the amount of $1000 for the first violation; requiring a mandatory meeting with the Public .Safety Director to present their individual establishment plans to ensure eliminating any future actions of this kind and providing proof of the attendance of the manager of the establishment in an alcohol sales awareness program. Approve the attached resolutions suspending the license to sell alcohol for seven (7) consecutive days for each of the second time violating establishments; levying a fine against each establishment in the amount of $1750 for the second violation; proposing that the Public Safety Director select the seven consecutive days their 0211 LIQUOR COMPLIANCE VIOLATORS licenses will be suspended; and requiring a second meeting with the Public Safety Director; and requiring proof of attendance of all employees at the establishment that serve alcohol in an alcohol and sales awareness training session given by a private firm approved by Public Safety officials, with all costs to be paid by the establishment.. II. BACKGROUND On December 4 and 5, 2002, Richfield Public Safety staff conducted alcohol compliance checks at all Richfield's alcohol establishments, assisted by three underage youth that were 19-20 years of age. These compliance checks were the second alcohol compliance checks conducted in 2002. On December 4 and 5, 2002 the Richfield Public Safety staff made arrangements for the minors to enter the establishments with undercover police officers. In three instances, the underage youth were successful in being served alcohol. The businesses that made sales to underage youth on December 4, 2002 are as follows: • Oasis Market - 6300 Lyndale • SuperAmerica - 826 W. 66th Street This is the first offense for SuperAmerica. Technically, it is a second violation but because of the time elapsed between now and the previous violation, it is considered a first violation. This is the second offense for Oasis Market. On December 5, 2002, Richfield Public Safety staff conducted additional alcohol compliance checks. They were assisted by three underage youth that were 19-20 years of age. Again, the Public Safety staff made arrangements for the minors to enter the establishments with an undercover police officer. In one instance, the underage youth was successful in being served alcohol. The business that made a sale to an underage youth on December 5, 2002 is the following:. • B&D's Convenience Plus - 813 E. 66th Street This is the first offense for B&D's Convenience Plus. Technically, it is a second violation but because of the time elapsed between now and the previous violation, it is considered a first violation. At no time did any of the minors consume any of the alcohol. The youth presented their ID's 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 employees 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 during 2003 at a rate of at least one a year. 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. 9204 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 each of the first time violating establishment's license to sell alcohol for five (5) consecutive days, selected by the. Public Safety Director, and levy a fine against each establishment in the amount of $1000 for the first violation. Staff is also proposing that each 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. One employee, preferably the manager, must attend a mandatory alcohol and sales awareness training session, provided by a private firm approved by Public Safety, with the cost of the training to be paid for by the establishment. • Staff recommends that the City Council suspend the second time violating establishments' license to sell alcohol for seven (7) consecutive days and levy a fine against each establishment in the amount of $1750 for the second violation. Staff is also proposing that the Public Safety Director will select the seven consecutive days that the licenses will be suspended. It is further recommended that second time violating establishments be required to meet a second time with the Public Safety Director and to also conduct a mandatory alcohol and sales awareness training session with all of their employees. This training must be provided by a private firm approved by Public Safety, with all costs of the training 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 IV. ALTERNATIVE 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 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 alcohol to underage youth; however, that would deviate from the guidelines set for progressive discipline in Resolution No. 9204. • ATTACHMENTS • Resolution for SuperAmerica discipline. • Resolution for B&D's Convenience Plus discipline. • Resolution for Oasis Market discipline. • PRINCIPAL PARTIES EXPECTED AT MEETING • Representatives from each of the establishments are expected to be in attendance at the meeting as they were notified in writing of the need for someone to be present. RESOLUTION NO. RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT LIQUOR LICENSE FOR SUPERAMERICA, 826 W. 66TH STREET, AND IMPOSING A CIVIL PENALITY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, SuperAmerica, ("Licensee") holds an Off-Sale 3.2 Percent Malt Liquor License from the City of Richfield; and WHEREAS, on December 4, 2002, 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 technically their second failed alcohol compliance check, but because more than one year has elapsed since the previous failure, it serves as a first failure. Their original first failure date was on August 7, 2000 with the penalty imposed by the Council at the September 25, 2000 meeting; and WHEREAS, Licensee appeared before the Richfield City Council on February 11, 2003 and admitted the violation; and the Licensee has 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 Intoxicating 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 $1000 is hereby imposed. On or before March 11, 2003, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1000. 3. Meet with the Director of Public Safety to present an action plan to ensure future compliance by March 11, 2003; and 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 11th day of February, 2003. ATTEST: Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT LIQUOR LICENSE FOR B&D'S CONVENIENCE PLUS, 813 EAST 66TH STREET, AND IMPOSING A CIVIL PENALITY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, B&D's Convenience Plus, ("Licensee") holds an Off-Sale 3.2 Percent Malt Liquor License from the City of Richfield; and WHEREAS, on December 5, 2002, 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 technically their second failed alcohol compliance check, but because more than one year has elapsed since the previous failure, it serves as a first failure. Their original first failure date was on November 17, 1999 with the penalty imposed by the Council at the December 13, 1999 meeting; and WHEREAS, Licensee appeared before the Richfield City Council on February 11, 2003 and admitted the violation; and the Licensee has 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 Intoxicating 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 $1000 is hereby imposed. On or before March 11, 2003, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1000. 3. Meet with the Director of Public Safety to present an action plan to ensure future compliance by March 11, 2003; and 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 11th day of February, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT LIQUOR LICENSE FOR OASIS MARKET, 6300 LYNDALE AVENUE SOUTH, AND IMPOSING A CIVIL PENALITY FOR A SECOND TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, Oasis Market, ("Licensee") holds an Off-Sale 3.2 Percent Malt Liquor License from the City of Richfield; and WHEREAS, on December 4, 2002, 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 second failed alcohol compliance check as a result of the fact that it has been within a year of the first offense. Their original first failure date was on April 4, 2002 with the penalty imposed by the Council at the July 23, 2002 meeting; and WHEREAS, Licensee appeared before the Richfield City Council on February 11, 2003 and admitted the violation; and the Licensee has 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 Intoxicating Malt Liquor license is hereby suspended for a period of seven (7) 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 $1750 is hereby imposed. On or before March 11, 2003, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1750. 3. Meet with the Director of Public Safety to present an action plan to ensure future compliance by March 11, 2003; and 4. The Licensee must schedule mandatory alcohol compliance sales awareness training for all employees who are responsible for the sale of alcohol to customers. This will include all employees who sell alcohol and must be scheduled to occur no later than March 11, 2003. This training will be provided by a private firm, to be approved by the Public Safety Department, and all costs associated with the training will be the responsibility of the Licensee. Passed by the City Council of the City of Richfield this 11th day of February, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: prnn_ nrrlinan~e AGENDA ITEM # q REPORT # L~t> STAFF REPORT CITY COUNCIL MEETING FEBRUARY 11, 2003 REPORT PREPARED BY: STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR N,9ME, TITLE REPORT PRESENTER: TITLE DEPARTMENT DRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COI:il~~~"ONSIDERATION: Second reading of an amendment to the City Administrative code Section 310.31, Subd. 1 describing holidays granted to eligible fulltime employees RECOMMENDED ACTION: By Motion: Approve the second reading of the proposed ordinance amendment to the City Administrative Code Section 310.31, Subd. 1 rovidina holiday leave for eligible full time em II. BACKGROUND The current and long-standing ordinance provision granting holidays for eligible full time employees provides for a total of 12 holidays annually. Those holidays include the following: New Years Day Martin Luther King birthday Presidents Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day The Friday after Thanksgiving Christmas Day City Manager designated holiday Floating Holiday (individually selected) Holiday 2 reading 2-11-03 The first ten holidays occur on established dates which are recognized on a nationwide basis. The specific date of the City Manager designated holiday is determined each year. It is typically celebrated in conjunction with an existing holiday such as Christmas Day depending upon where the holiday may fall within the calendar week. On some occasions the City Manager designated holiday has been set as an additional floating holiday to be celebrated on a day of each employee's choice. Periodically, there are instances where it would be desirable for the City Manager to be able to designate two holidays wherein City offices are closed instead of one holiday and one floating holiday. For example, in 2003, Christmas Day falls on a Thursday and Christmas Eve Day would typically be the City Manager's designated holiday. However, this leaves the Friday after Christmas as a day when City offices would be open and some employees would have to staff City Hall. If The City Manager had the ordinance authority to designate the 12t" holiday as the day after Christmas, offices would be closed and many more employees could spend the extended time with their families. The ordinance amendment proposed would give the City Manager the authority to replace the floating holiday on certain years with a second City Manager designated holiday. III. BASIS OF RECOMMENDATION A. POLICY • The City Manager currently has the authority to determine one holiday each year, whether it is a date certain for most employees or that it be set as an additional floating holiday. • It is the desire of many employees to have City Hall closed on certain days surrounding holidays so that many more employees can enjoy the time. • Giving the City Manger the authority to designate a second holiday on certain years to replace the floating holiday would accomplish that purpose. B. CRITICAL ISSUES • This issue should be addressed as soon as possible so that the City Manager may make the 2003 designation of holidays. • City employees would like to know the holiday schedule so that they may plan for future holiday leave. • First reading consideration of this proposed ordinance amendment occurred on January 14, 2003. C. FINANCIAL • The proposal should be cost neutral since there are no new holidays being granted, only substituting one type of holiday for another. D. LEGAL, The City ordinance code provides the authority for the granting of holidays to City employees. In order to modify that authority an ordinance amendment is necessary. IV. ALTERNATIVE RECOMMENDATION(S~ • Leave the current ordinance provision as it is currently structured. V. ATTACHMENTS Proposed City Ordinance Code amendment. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None BILL NO. AMENDMENT TO SECTION 310.31 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Subsection 310.31, Subd. 1 of the ordinance code of the City of Richfield entitled "Holidays" is hereby amended: 310.31. Holidays. Subdivision 1. Granted. Eligible full-time employees will be granted eight hours of paid holiday leave for each of the following holidays observed by the city: New Year's Day on January 1; Martin Luther King's birthday on the third Monday of January; Washington's and Lincoln's birthdays on the third Monday in February; Memorial Day on the last Monday in May; Independence Day on July 4; Labor Day on the first Monday in September; Veteran's Day on November 11; Thanksgiving Day on the fourth Thursday of November; the Friday after Thanksgiving; Christmas Day; , .and two holidays, each of which the city manager annually may designate as a specified date or as a floating holiday. Section 2. 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 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: p„}~'l i t u n~ r i ri o a AGENDA ITEM # $ REPORT # ~9 J STAFF REPORT CITY COUNCIL MEETING FEBRUARY 11, 2003 MICHELLE LEWIS REPORT PREPARED BY: COMMUNITY DEVELOPMENT TECHNICIAN NAME, TITLE REPORT PRESENTER: BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of an ordinance authorizing the sale of the property at 6945 Clinton Avenue to the Housing and Redevelopment Authority for rehabilitation. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Approve the second reading of a transitory ordinance authorizing the sale of city-owned property at 6945 Clinton Avenue South to the Housing and Redevelopment Authority for rehabilitation. II. BACKGROUND • The first transitory ordinance reading to authorize the sale of 6945 Clinton Avenue South to the Richfield Housing and Redevelopment Authority (HRA) was January 28, 2003. • Community Development Block Grant (CDBG) funds will be used to acquire the property. The property would be purchased by the end of February 2003. • Purchase price: $115,000 (based on an independent appraisal). • The transitory ordinance allows the City to transfer the property to the HRA for $1.00 on or after March 21, 2003, based on a 30-day wait after the ordinance has been published. The purchase and transfer process (City to HRA) is used 0211-6945CIinton to fully leverage the CDBG funding so that repayment of federal funds is minimized. • The HRA is in the process of considering a rehabilitation contract with a nonprofit housing provider, Project for Pride in Living (PPL). • Rehabilitation costs will be covered by proceeds from the sale of the property; no City general funds will be used. • Anticipated improvements include: • Roof replacement • Kitchen remodeling • Window replacement Bathroom remodeling • Garage repairs • Second floor reconfiguration • Mechanical and electrical • Front and rear entry systems updates improvements • Lead hazard treatment • Stormwater management • Insulation General code repairs • The property will be sold to an income-qualifying, first-time home buying family. • Rehabilitation is expected to begin in late spring 2003. III. BASIS OF RECOMMENDATION A. POLICY • The City Council authorized the acquisition of 6945. Clinton Avenue on January 28, 2003 for conveyance to the HRA. • The HRA authorized staff to acquire the property on January 21, 2003. • City-owned property requires a public hearing and the adoption of a transitory ordinance to effectuate a sale. B. CRITICAL ISSUES • The house has been unkempt and maintenance deferred. Neighbor complaints have been received, and the property is approaching tax forfeiture with Hennepin County. • The house is structurally sound, suggesting the strategy for rehabilitation rather than removal • Staff has been encouraged to seek more nonprofit projects. C. FINANCIAL • Funds have been budgeted for acquisition from federal CDBG funds. The CDBG funds are approved to be utilized for this purposes. The project must benefit an income-qualified buyer. • A family of four would have a maximum income of $54,400 to meet the income requirement. D. LEGAL • Notice of public hearing was published on January 30, 2003. IV. ALTERNATIVE RECOMMENDATIOI • Do not conduct the seco ing of the ordinance. V. ATTACHMENTS • Transitory Ordinance ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ TRANSITORY ORDINANCE NO. AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY-OWNED REAL PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA (6945 CLINTON AVENUE SOUTH) The City of Richfield Does Ordain: Section 1 _ The following described real property located in the City of Richfield, County of Hennepin, State of Minnesota, is hereby authorized to be sold, transferred or otherwise disposed of and conveyed by the City as herein provided: Lot 9, Block 3, D.L. Tate's Addition, and having the street address of 6945 Clinton Avenue South, Richfield, Minnesota Section 2. The Mayor and City Manager are hereby authorized to take all action as is required to sell, transfer, or otherwise dispose of and convey the real property described in the foregoing Section 1, including, by way of illustration and not limitation, the execution of all documents, purchase agreements, deeds of conveyance, and other instruments connected with such sale, transfer or disposition and conveyance. Passed this 11th day of February 2003 by the Richfield City Council. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: public Hearings AGENDA ITEM # ~ REPORT # ~ $ ~~ STAFF REPORT CITY COUNCIL MEETING FEBRUARY 11, 2003 REPORT PREPARED BY: BRUCE SYLVESTER, PLANNING & ZONING ADMINISTRATOR NAME, TITLE REPORT PRESENTER: BRUCE NORDQUIST, HOUSING AND REDEVELOPMENT MANAGER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: /~ ITEM FOR COUNCIL CONSIDERATION: Public hearing on the preliminary plat for the City Bella redevelopment project. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion adopt a resolution approving the preliminary plat for the City Bella redevelopment project by the Gramercy Corporation. II. BACKGROUND • The Gramercy Corporation has submitted a preliminary plat for the City Bella mixed-use redevelopment project in the southwest corner of Lyndale Avenue and 66th Street. • The City Council approved the Final Development Plan and Conditional Use Permit for the City Bella project on July 9, 2002. • The area to be replatted covers approximately 5.6 acres and currently consists of 24 platted parcels and the vacated right-of--ways for Graham Avenue, Circle Place, Auto Lane and Lake View Walk. • Gramercy Corporation is proposing to replat the property arid create one block divided into two lots. 0211-Plat-CityBella.doc • The final plat will be filed once the development is constructed, but prior to the issuance of occupancy permits. Easements and covenants governing the use and maintenance of common areas will accompany the final plat. III. BASIS OF RECOMMENDATION A. POLICY • The City Council approved the City Bella Final Development Plan and Conditional Use Permit on July 9, 2002. A stipulation of that approval is that the property be platted. • Section 500.23 of the City Code outlines procedures necessary for review and approval of preliminary plats. • It is important for plats to be filed when new developments are constructed to establish appropriate legal descriptions, dedicate the appropriate right-of--way and utility easements, create parcels that apply to the new buildings and associated parking, and to assist the County Assessor in assigning property value. B. CRITICAL ISSUES • The developer will provide covenants and restrictions necessary to effectuate the final development plan for the project area, as determined by Community Development staff. • The developer will dedicate easements necessary to provide public utilities and drainage for the site, as determined by the Public Works staff. • The developer will dedicate easements as necessary to provide right-of- way along 66th Street and Lyndale Avenue. • The developer will- provide easements required to retain public access to vacated right-of--ways at Auto Lane and Lake View Walk. • Submission of a final plat is a stipulation of the final development plan. • A copy of the preliminary plat was submitted to Hennepin County for review on October 31st, 2002. The County Transportation Department reviews all plats adjacent to county roads; 66th Street is a county road. County Public Works staff raised concerns about center medians along 66th Street and the entrance/exit from the City Bella project onto 66th Street. • After the development is substantially constructed, the developer will file a Declaration of Common Interest Community plat. C. FINANCIAL • N/A D. LEGAL • This item has been continued from the December 10, 2002 City Council meeting. • Notice of the public hearing was published in the Sun Current on January 30, 2003. • Approval of the final plat will be dependent upon the developer submitting title evidence, and the proposed declaration of covenants to the City Attorney for review and approval. 60 DAY RULE: The 60 day clock `started' when a complete application was received on October 31, 2002. The City informed the applicant that it extended the deadline to issue a decision by an additional 60 days, and so a decision must be given to the applicant by February 28, 2003. IV. ALTERNATIVE RECOMMENDATION(S~ • Approve the preliminary plat with revisions. • Do not approve the preliminary plat. V. ATTACHMENTS • Resolution granting preliminary approval of a subdivision • City Bella Preliminary Plat VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mr. Lou Stocco, Gramercy Corporation. (~ 2 t!1 v ecL ~- RESOLUTION NO. ~°~O°r~ RESOLUTION GRANTING PRELIMINARY APPROVAL OF A SUBDIVISION CITY BELLA WHEREAS, The Gramercy Corporation has requested preliminary approval to combine and subdivide several tracts of land generally bounded by 66th Street on the North, Lyndale Avenue on the east, Lake Shore Drive (except for the property at 6711 Lake Shore Drive) on the south and the Lake Shore Drive Condominium property on the west; and WHEREAS, the proposed subdivision is to be known as City Bella; and WHEREAS, a public hearing on the proposed preliminary plat of City Bella was held on February 11, 2003 at which all interested parties were given the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota as follows: 1. The proposed plat of City Bella satisfies the requirements of the City's subdivision ordinances. 2. Preliminary approval is granted to the Gramercy Corporation for the plat of City Bella, subject to the following conditions: • That the developer will provide covenants and restrictions necessary to effectuate the final development plan for the project area, as determined by Community Development staff. • That the developer will dedicate easements necessary to provide public utilities and drainage for the site, as determined by the Public Works staff. • That the developer will dedicate easements as necessary to provide right-of-way along 66th Street and Lyndale Avenue. • That the developer will provide easements required to retain public access to vacated right-of--ways at Auto Lane and Lake View Walk. • That easements and covenants be established governing the use and maiu~tenance of common areas and that the easements and covenants be subject to review and approval by the City Attorney; • That the developer shall submit title evidence to the City Attorney for review and approval; • That final plat approval will not be granted until all of the properties in the area to be replatted are under the control of the applicant. "Control" shall mean that the developer has an interest in the property by deed or non-contingent purchase agreement. • That after the development is substantially constructed, the developer will file a Declaration of Common Interest Community plat. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of February, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk ~1 ~ m i ~, o '^ "~ - ° .~ r. - ' ec T 3=,~%r;,ic ,t I` ,{ 3 ~ a a FFr~~..1, ~ 1 "1 ,`~ ~ L. ' .. J ~ rs ~^ >[. ~' T+O S r~ !~..l .td; ti t:> ~~ ~! 7 f 3 S~ C.y -+.1 ~ .. m [`I V]-••l ii ; to .u • y ~ jUCa ]f}}lr.:ri• i.- ~ ! ~ i E--t '' e ~ ;a 3 ~ ~;"; `V .•an O n° 5 "¢.~ i..; :ct.!; q I 3 x ~ ~ ~ ~ ~ >C. O 3 • y ~! •,n ' ~ O = ~ °- ci ~ K. r t-i~i7i C~2 ~! 5 ~ F c 't 9 < I. 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Q V `; ~~fi~'~11 ~~~'•~ ~~. ~ rt ~~?4~d~~`~-; =~ 1,i ~~f~ \l ~1:/~~t/!~ r:;rr. tr ;• F/ r ~,t y}j~9~~~ ~31.'':=4 } A ~ta:Ra ~~ 5. g~ :. ~ ~'' ~ ~..lc+~'/'~ y'.~,~y~~i //'/ ~ ' ~;~ ,~ h iJ r - +~s ;i3ij ~~1j ~ A a ~~j ji 3 ' ~ t* t Ts±3 d ry ~~-_ ~ 1_ .~ ~~G ~~or ~ ./~/% f .6'~' = j • ` y ~ „ ti `....._.__-^-i h~ r'^ • $" mss- ; i _,~ ~ , d. ~ spa ::~~~S=s'~tt::,s :Y3 ~~.3° •,:s^ i k~ .rf" ~ '~~ .r ~,~~~~'r%'~ l i. , / ; ~ ' ~~ >~ AGENDA SECTION: Consent AGENDA ITEM # S F REPORT # 3 7 STAFF REPORT CITY COUNCIL MEETING FEBRUARY 11, 2003 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIlZECTOR NAME, TITLE REPORT PRESENTER: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ~ / / SIG ATURE REVIEWED BY CITY MANAGER: ~ (~---- ITEM FOR COUNCIL CONSIDERATION: ~ Consideration of award of contract to Oertel Architects for architectural services including, plans, specifications, bidding documents, and construction management for the remodeling of the Richfield Communit Center in the amount not to exceed 10% of the total ro~ect cost. I. RECOMMENDED ACTION: By Motion: Award the attached- contract to Oertel Architects for architectural services including, plans, specifications, bidding documents, and construction management for the remodeling of the Richfield Community Center in the amount not to exceed 10% of the total ro'ect cost. II. BACKGROUND The 42 year-old Richfield Community Center is long overdue for improvements. The building is in dire need of mechanical upgrades, new surface materials, paint and wall repair, light. fixture replacement and other general remodeling. The building also has some code issues relating to accessibility and food handling. A task force was formed from members of the Community Services Commission and the Inter-Council to study the 0528 oertel project and concluded that services currently provided at the center could be accommodated without a major renovation or addition to the building. A Request for Proposal was advertised for architectural services to prepare a preliminary report for the remodeling of the Community Center. Four proposals were received and Oertel Architects was selected based upon their experience and reasonable fee of $6,800 for the preliminary report and 10% total project cost for preparation of plans, specifications, bidding documents, and construction management. City Council approved a contract with Oertel Architects on May 28, 2002 to prepare a preliminary report. Oertel Architects have consulted with members of the Community Center Task Force and have completed a preliminary report, attached in Exhibit A. Oertel Architects presented the preliminary report to the Community Services Commission on January 21, 2003, including floor plans, improvement description and cost estimates. The Community Services Commission voted unanimously to recommend the City Council to contract further architectural services of Oertel Architects and to proceed with the improvements. Capital improvement funds in the amount of $376,000, which include donations in excess of $36,000, have now been approved for the project. With the funding in place at this time, staff has determined that the best possible time to execute construction work is in the summer months. The attached project schedule sets up an aggressive plan. III. BASIS OF RECOMMENDATION A. POLICY • A public hearing was conducted and the project was approved by City Council on April 23, 2002 as part of the 2002 Capital Improvement Budget in the amount of $340,000, with an additional $36,000 in donated funds. B. CRITICAL ISSUES • Remodeling is necessary to retain customers and provide a stimulus for program growth. C. FINANCIAL • Donations received of $36,000 were earmarked for this project at the time of collection. • The charge for services by Oertel Architects will not exceed 10% of the total project cost. Architectural services will be charged on an hourly basis as per the fee schedule attached in exhibit B. It is quite possible that the total fee paid to Oertel Architects will be less than 10% of the total project cost, including reimbursables. D. LEGAL • The City Attorney has reviewed the contract and her recommendations have been incorporated into the document. IV. ALTERNATIVE RECOMMENDATION(S~ • None V. ATTAC~IlVIENTS • Contract between the City of Richfield and Oertel Architects. • Richfield Community Center Remodeling Preliminary Report (Exhibit A). • Oertel Architects Fee Schedule (Exhibit B). • Project Schedule VI. PRINCIPAL PARTIES EXPECTED AT MEETING None 1997 EDITION AIA DOCUMENT B141-1997 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect s Services AGREEMENT made as of the Twenty Eighth day of in the year Two Thousand and Three (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) City. Of Richfield X700 Portland Avenue .Richfield, MN 55423 This document has important legal consequences. January Consultation with an attorney is encouraged with respect to its completion or modification. - TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES 13 TERMS AND CONDITIONS and the Architect: (Name, address and other information) 1.4 SCOPE OF SERVICES AND Oertel Architects, Ltd 1795 St. Clair Avenue OTHER SPECIAL TERMS St. Paul' ~~ SSlUS AND CONDITIONS 1.5 COMPENSATION For the following Project: City of Richfield Community Center Remodeling (Include detailed description of Project) - The scope of work includes the planning and design for the renovation of the existing two story community center. The work includes .upgrades to selected mechanical /electrical systj~, and incorporating new low voltage systems for computer users.. The remodeling is prima ' - e . interior (i.e. multi-purpose rooms, reception, meeting spaces and restrooms. Also include e compliance items`at the kitchen, adding access to the south patio area, replacing finishes` '' paint, ceilings, etc:) and other minor items. - ®1997 AIA® AIA DOCUMENT 81411997 STANDARD FORM AGREEMENT The Owner and Architect agree as follows. The American Institute of Architects 1735 New York.Avenue, N.W. opyr g C i ht 1917, 1926, 1948, 1951,.1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, ®1997 by The American Washington, D.C. 20006-5292 Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecu- tion. WARNING: Unlicensed photowpying violates US. copyright laws and will subject the violator to legal prosecution. ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions. (!Vote the disposition for the following items by inserting the requested information or a statement such as "not applicable," "unknown at time of execution"or"to be determined later by mutual agreement.") 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: (Identify or describe, if appropriate, proposed use or goals.) to incorporate as much of"the building improvemerrts that have been identified by staff and the community user groups as the budget will allow. 1.1.2.2 The physical parameters are: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site.) the size of the project is limited to the existing door plate size. 1.1.2.3 The Owner's Program is: (Identify documentation or state the manner in which the program will be developed.) Refer to attached report dated 1/112003 prepared by Oertel Architects, which summarizes the project scope. 1.1.2.4 The legal parameters are: (Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and ..restrictions of the site.) . not applicable 1.1.2.5 The financial parameters are. as follows. .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: ~37~~{ar~j y~ p~~~ pending coontributions for computer hardware 1 .2 Amount of the Owners bu~dg2't ~i tTieOC;o~~the Work, excluding the Architect's compensation, is: 1.1.2.6 The time parameters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) Refer to the attached project schedule prepared by the City of Richfield. 1.1.2.7 The proposed procurement or delivery method for the Project is: (Identify method such as competitive bid, negotiated contract, or construction management.) competitive bid 1.1.2.8 Other parameters are: (Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.) not appncaoie WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. II~~ o, o °00.1AO° C~ ®1997 AIA® AIA DOCUMENT 8141-1997 STANDARD FORM AGREEMENT- The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.G 20006-5292 1.13 PROJECT TEAM 1.13.1 The Owner's Designated Representative is: (List name, address and other information.) Jim Topitzhofer, Director 1.13.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals to the Owner are: (List name, address and other information.) City of Richfield Building Code Department Health Department Fire Marshall 1.1.33 The Owner's other consultants and contractors are: (List discipline and, if known, identify them by name and address.) 1.1.3.4 The Architect's Designated Representative is: (List name, address and other information.) Jeffrey Oertel 1.1.3.5 The consultants retained at the Architect's expense are: (List discipline and, if known, identify them by name and address.) Shane Albertson, mechatucal engineer Dan Paulson, electrical engineer 1.1.4 Other important initial information is: 1.1.5 When the services under this Agreement include contract administration services, the I'I' General Conditions of the Contract for Construction shall be the edition of AIA Document A201 c. c current as of the date of this Agreement, or as follows: °o c»o~ D , ®1997 AIA® AIA DOCUMENT 8141-1997 1.1.6 The information contained in this Article >,.i may be reasonably relied upon by the Owner STANDARD FORM and Architect in determining the Architect's compensation. Both parties, however, recognize that AGREEMENT such information may change and, in that event, the Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance with The American Institute of Architects Paragraph 1.3.3. ~" 1735 New York Avenue, N.W. 1Nashington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. 1 ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project. team. 1.2.2 OWNER 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner .regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within i5 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the Architect to a corresponding change in the Project scope and quality. 1.2.2.3 The Owner's Designated Representative identified in Paragraph >..i.3 shall be authorized to - act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 1.2.2.4 The Owner -shall furnish the services of consultants other than those designated in Paragraph i.i.3 or authorize the Architect to .furnish them as a Change in Services when such services are requested by the Architect and. are reasonably required by the scope of the Project. 1.2.25 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. 1.2.2.6 The Owner. shall furnish all legal, insurance and accounting services, including auditing - services, that may be reasonably necessary at any time. for the Project to meet the Owner's needs and interests. ,, 12.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. 1.2.3 ARCHITECT 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article i.4. 1.2.3.2 The .Architect's services shall be performed as expeditiously as is consistent with (~ I' professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which initially o. .•o° shall be consistent with the time periods established in Subparagraph i.i.2.6 and which shall be °o adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for ®' 9 e ~ A I " AIA DOCUMENT 8141-1997 approval of submissions by authorities having jurisdiction over the Project. Time limits STANDARD FORM established by this schedule approved by the Owner shall not, except for reasonable cause, be . AGREEMENT exceeded by the Architect or Owner:. The American Institute of Architects - 1735 New York Avenue, N.W. 1Nashington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates 0.5. copyright laws and will subject the violator to kgai prosecution. 1.23.3 The Architect's Designated Representative identified in Paragraph >..>.3 shall be authorized to act on the Architect's behalf with respect to the Project. 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. 1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. 1.23.6 -The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in -such services or information. ARTICLE 1.3 TERMS AND CONDITIONS 1.3.1 COST OF THE WORK 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed,. the estimated cost to the Owner of all elements of the Project designed. or specified by the ". Architect. 1.3.1.2 The Cost of the Work shall include the cost at current market rates of laboi and materials furnished by the Owner and equipment designed, specified, selected or specially provided forty the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable' allowance for contingencies shall be included -for market conditions at the time of bidding and for changes in the Work. _ . ~~~I 0 0 o. .o °o a'A o° 0 p1997 AIA® AIA DOCUMENT 8141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1.3.1.3 The Cost of the Work does not include the compensation of the Architect 'and the Architect's consultants, the costs of the land, rights-of--way and financing or other costs that are the responsibility of the Owner. 1.3.2 INSTRUMENTS OF SERVICE 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use sole- " ly with respect to this Project. The Architect and the Architect's consultants shall be`deemed.the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 1.3.2.2 llpon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations; including prompt payment of all sums when due, under this Agreement. The Architect shall WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the vblator to legal prosecution. obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. llpon such termination, the Owner shall regain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license. shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. 13.23 Except for the licenses granted in Subparagraph 1.3.2.2, no other license or right shall be deemed granted <or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Subparagraph ,.3.2.2. Submission or distribution of Instruments of Service to meet official :regulatory requirements or for similar purposes in connection with the Project is not to' be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project. or for other projects, unless the Owner obtains the .prior written agreement of .the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electroriic form or the Owner providing to the Architect any electronic data for incorporation into. the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. 1.3.3 CHANGE IN SERVICES 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreemeit, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Subparagraph 1.3.3.2. In, the absence of mutual agreement in writing, the Architect -shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no .obligation to provide those services. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Paragraph t.5s, and to any Reimbursable Expenses described in Subparagraph i.3.9.z and Paragraph 1.5.5. 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and compensation: .1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .2 enactment or revision of .codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. II~~ 0 0 d. .Ya °d'o"~o o° O ®.1997 AlA® AIA DOCUMENT 8141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New.York Avenue; N.W.. Washington, D.C: 20006-5292 .3 decisions of the Owner not rendered in a timely manner; .a significant change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget, or procurement method; .s failure of performance on the part of the Owner or the Owner's consultants or contractors; .s preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .7 change in the information contained in Article 1.1. I11~ o a o. o °O [C:JJ o° 0 01997 AIA® AIA DOCUMENT 8141-1997 STANDARD FORM AGREEMENT ` The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1.3.4 MEDIATION 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The. request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation- shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 6o days from the date of filing, unless stayed. for a longer period by agreement of the parties or court order. 1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any :court having jurisdiction thereof. 1.3.5 ARBITRATION 1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Paragraph i.3.4• 1.3.5.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. 1.3.5.3 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 after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 1.3.5.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed 'by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, WARNING: Unlicensed photocopying violates US. copyright laws and w111 subject the violator to legal prosecution. " dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 1.3.5.5. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court. having jurisdiction thereof. 13.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Paragraph i.3.8. 1.3.7 MISCELLANEOUS PROVISIONS 1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Paragraph >.4:2. 1.3.7.2 Terms in this Agreement shall have the .same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 1.3.7.3 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 than either the date of Substantial Completion for acts or failures to act occurring, prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial. Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services. are substantially completed. 1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner and the Architect waive all rights against each other. and against the contractors, consultants, t• agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201> General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, .presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. 1.3.7.7 The Architect shall have the right to include .photographic or artistic representations ofthe design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered. by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. WARNING:. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution: I~il 0 0 o. .o ~O L~ p~ ®'1997 AIA~ AIA DOCUMENT 81411997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except. that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. 1.3.8 TERMINATION OR SUSPENSION 13.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the. Archited's services. T.he ' " Architect's fees for the remaining services and the time schedules shall.be equitably adjusted. 1.3.8.2 If the Project is suspended by the Owner for more thari 3o consecutive days; the Architect shall be compensated for services performed prior to notice of such suspension. When tl~e Project is resumed, the Architect shall be compensated for expenses incurred in the "interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 1.3.8.3 If the Project is suspended or the Architect's services are suspended .for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms>of thin Agreement through no fault of the party initiating the termination. 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. (~~' 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be . compensated for services performed prior to termination, together with Reimbursable Expenses o, o then due and all Termination Expenses as defined in Subparagraph 1.3.8.7. o. .o ~O L>JJ O~ ~ 1.3.8.7 Termination Expenses are in addition to compensation for the services of the:Agreement AIA DOCUMENT 8141 1997 and include expenses directly attributable to termination for which~the Architect is not otherwise STANDARD FORM compensated, plus an amount for the Architect's anticipated profit on the value of the services not AGREEMENT Performed by the Architect. The American Institute of Architects 1735 New York Avenue, N.W. - Washington, D.C. 20006-5292 WARNING: Unlicensed phot«opying violates U.S. copyright laws and will subject the violaror to legal prosecution. . 1.3.9 PAYMENTS TO THE ARCHITECT 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. No deductions shall be made from the Architect'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 the Work other than those for which the Architect has been adjudged to be liable. ,• 1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses incurred by the Architect and Architect's employees and consultants. directly related to the Project, as identified in the following Clauses: .t transportation in connection with the Project, authorized out-of--town travel and subsistence, and electronic communications; .~ fees paid for securing approval of authorities having jurisdiction over the Project; .s reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .a expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .s renderings, models and mock-ups requested by the Owner; s expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; a reimbursable expenses as designated in Paragraph 1.5.55 .e other similar direct Project-related expenditures. 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of . services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick .leave, holidays, .vacations, employee retirement plans and similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1 Enumeration of Parts of .the Agreement. This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and .Architect. This Agreement comprises the documents listed below. 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AIA Document B141-1997. f' I 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA c v Document B141-1997, or as follows: °oo.~ oo° (List other documents, if any, delineating Architect's scope of services.) D 1.4.1.3 Other documents as follows: (List other documents, if any, forming part of the Agreement.) Refer to Article 1.6.1, Other Provisions, Basic Services Attached, Addendum to "Owner/Architect Agreement" ®1997 AIA® AIA DOCUMENT 81411997 STANDARD FORM AGREEMENT The American Institute _ of Architects 1735 New York Avenue, N.W. . Washington, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violaror to legal prosecution. 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: ARTICLE 1.5 COMPENSATION 1.5.t For the Architect's services as described under Article i.4, compensation shall be computed as follows: Fee shall be based on the number of hours for each person involved using hourly rates (attached to this agreemem) not to exceed $33,840.00. Included in this amount and billed separate from the fee aze reimbursable expenses which include mileage, bid sets, deliveries, photos and plots. Billing shalt be monthly, based on the progress of the work. Invoices shall indicate 15 2 p~r~enta~e of cgi~le~lohn{~~ofess~onalsdinvodlved h~url~t rates e s ~~~~ totals due. e se ces o c > are c ange as escr>be >n u par~gra >.3.3.i;"'ftie Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Paragraph i.5.2, in an equitable manner. (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which partic- ular methods of compensation apply.) At hourly rates or at a fixed fee as agreed by both parties. 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of one (1 •~ )times the amounts billed to the Architect for such services. 1.5.4 For Reimbursable Expenses as described in Subparagraph >.3.y.2, and any other items included in Paragraph i.g.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of ( )times the expenses incurred by the Architect, and the Architect's employees and consultants. 1.5.5 Other Reimbursable Expenses, if any, are as follows: WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. i ,~ f I11) 0 0 °o Q1~'o° O ®1997 AIA® AIA DOCUMENT 81411997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1-11 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. 1.5.7 An initial payment of Dollars (g )shall be made u~xecution of this Agreement and is the minimum pat under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. 1.5.8 Payments are due and payabl~, (30 )days from the date of the Architect's invoice. Amounts unpaid b )days after the invoice date shall bear interest at the rate en~ered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) ?% APR (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owne>ts andArchitect's principal places of business, the location of the 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.) 1.5.9 If the services covered by this Agreement- have not been completed within months of the date hereof, through no fault of the t~c~it~#.ect, extension of the Archit'ect's .services beyond that time shall be compensated as provided in Paragraph i.5.2. ' This Agreement entered into as of the day and year first written above. OWNER (Signature) (Printed name and title) .-- `.~' / `,. ARC E (S "ature) ~~ ~~ (Printed name and tit e) CAUTION: You should sign an original A7A document or a licensed reproduction. Originals contain theAlA logo printed in red; licensed reproductions are those produced in accordance with the Instructions to this document. STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 a- ~l' ~`'~,~'~ ~!~j~~!~ ~i i~~ ~~ ®1997 AIA® AIA DOCUMENT 8141-1997 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. Feb-U5-D3 U6:5[Pm tram-nennaaY ~ uravnn -•---•--•- - --- --- - ADDENDUM TO OyVNER/ARCHITECTAGRFEMENT 2003 by and This Addendum is made as of the „_~ day of between the Ciry of Richfiield, a Minnesota mutucipal corporation, and Oertel Architects, Ltd. a Minnesota corporation. WTTIVESSETH_ WHEREAS, the City of Richfield ("Owne~~ and Oertel Arehite~? L~ C`Architect") have entered into a contract dated entitled "Standard Form of Agreement Between Owner and Architect With Standard Form of Architect Services (AIA Docuument BI41-199'n" ("Agreement"), and WHEREAS, the parries wish to amend the Agreement as hereinafter set forth. NOW, 'THEREFORE, °n thet and this AddendumSthe parties her to agree as follows: and agreements contained in the Agreemen 1. The Agreement shall remain in full force and effect except as explicitly modified by this Addendum. ?_ Paragraph 1.1.5 is amended tp read as follows_ ``When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of AIA Document A201 current as of the date of this Agreement, eras-~elle~ as m°dlfied for this Project and ~ u~el; ~ approved by the City Council: ' 3. The second sentence of Paragraph 1.2.2.2 is amended as follows: « increase or decrease bye 25% percent the The Ownez shall not ~-an~ encies overall budget, the portion of the budget allocated for the Cost of the Work, or coming included in the overall budget ar a portion of the budget, without the agFeetnent of the Architect to a corresponding change in the Project scope and quality:' 4, paragraph 1.2 ~.4 is amended by adding the following sentence at the end of the paragraph= "An additional com ensation claimed the Architect as a result of such a Chan a in Services shall be determined in accordance with there uvicements in P h 1 x.3.1:' ~, paragraph 1.2.3.2 is amended by adding the following sentence at the end of the paragraph: "The Arehitec 's services shall be erformed in accordance with the standard of care licable in the State f Minnesota." r6O~U7~YJ YC:7Lpm rrum-nem~nuy U Lfdvtln 6. 7. 9. 10_ 11. 12. 13. 14_ 15. *uico~~naiu i-yuo r.uwiuuo r-uac paragraph 1:?.3.7 is amended as follows: "The Architect shall be entitled to reasonably rely on the accuracy and completeness of services and information furnished by the Owner." paragraph 1.3.1.2 is amended as follows: "The Cost of the Work shall include the cost at current market rates of labor and materials any third varties . „ furnished by~3e-A • •• Paragraph 1.3.2.1 is amended by deleting the secomd sentemce. paragraph 1.3.2.2 is deleted. paragraph 1.3.2.3 is deleted_ Paragraph 1.3.2.4 is deleted_ Anew Paragraph 1.3:?.2 is added: "The Instruments of Service aze the property of both the Owner and the Architect and may be used by both the Owner and the Architect as they deem necessary, in their reasonable discretion. Either the Owner or the Architect may retain copies, reproduce copies, and disseminate copies of the bnstruments of Service as are reasonably necessary for the construction and on-going rnaintcnance of the Project. The Owner aaQrees to indemnify the Architect from amy claims or losses resulting from the Owner's use of the Instruments of Service in a manner not authorized by this Agreement " The last sentence of paragraph 1.3.3.1 is amended to read as follows: "Except for a change due to the fault of the Architect, Change in Services of the Architect a roved in writin b the Owner shall entitle the Architect to an adjustment in contpensarion pursuant to Paragraph 1.5.2, and to any Reimbursable Expenses described in Subparagraph 1.3.9.2 and Paragraph 1.5.5" Subparagraph 1.3.3.2.6 is annended to read as follows: "Preparation for and attendance at ~r~x~-bea~g> a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto;" Paragraph 1.3.5 (Arbitration] is deleted in its entirety_ Anew section 1.3.5 is added: AnY claim or other matter in question arising out of or related ZA this Agreement which is n_ of resolved by mediation as yrovided inn Para aph 1 3 41 may be litigated in the District Coups of the State of Minnes to and venued in the coon in which the Project is Iocated. 2 fBD~UYY3 Y0~7[pm rrua+-nauovuy ~ u+a-vu I6. 17. 18. 19. 20. 21. ~~, 23_ 24. paragraph 1.3.6 is deleted. paragraph 1.3.7.1 is amended to read: "This Agreement shall be governed by the iaw of the principal place of business of the - .Owner: ' paragraph 1.3.7.2 is amcnded by adding the following phrase at the end of the paragraph: "...as modified for this Pro•ect and as ultimatel a roved b the Ci Council" Paragraph 1.3.7.3 is deleted. Paragaph 1.3.7.4 is amended by adding the following plerase at the end of the first sentence: "as modified for this Project and as ultimatel roved b the Ci Council." Paragraph 1.3.7.? is amended to read as follows: "The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed. Project to make such representations. However, the Architect's materials skull not include the Owner's confidential or proprietary inforttaation_ a ' The first sentence of Paragraph 1.3.8.1 is amended to read as follows: "If the Owner fails, without cause to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial non-performance aced cause for terniination or, at the Architect's option, cause for suspension of performance of services under this Agreement." The second sentence of Paragraph 1.3.8.2 is aixeended as follows: ~•,~~ the project is resumed, the Architect shall be compensated for expenses reasonabl incurred in the interruption and resumption of the Architect's services." Pazagraph 1.3.8.3 is amended to read as follows- 3 t8G-U7-U3 Uo:aaPm rrom-nenneay d craven To~ca~iaa~u ~-aua r.uwiuuu r-vvc ``If the Project is suspended or the ,Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than se~ert 20 days' written notice" fig, paragraph 1.3.8.4 is amended to read as follows: "This Agreement may be terminated by either Party upon not less than Sew ?0 Sys' written notice should the other pant fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the u~rznination." 26. Para~aph 1.3.8.7 is deleted in its entuety. 27. paragraph 1.3.9.1 is amended to read as follows: "Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's it statement of services. No deductions shall be made firom the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors_ , te-~ " 28, The first sentence of paragraph 1.3.9.2 is amended to read as follows: "Reimbursable Expenses are in additiom to compensation for the Architect's Services and include expenses incurred by the Arcltect and the Architect's employees and consultants directly related to the Project, all of which shall be itemized, as identified in the following Clauses:" 29. Subparagraph 1.3.9.2.8 is deleted_ 30. paragraph 1.3.9.3 is amended as follows: Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner upon request 29, paragraph 1.4.1.3 is amended as follows: "ether documents as follows: The ro ect sco memorandum re ed b Architect as described in a h 1.1.2.3• The ro'cet schedule a aced b the Ci of Richfield as described in h 1.1.2.6, `The Architect's fee sehedule~as described in Article 1.S~a livable the ear 2003• Addendum to Owner/Architect eemcnt. 4 16.0 OTHER PROVISIONS 16.1.0. Summary of Services: Basic services include the following: Design and Design Development Phase Review of existing conditions Preparation of existing building layout Preparation of design schemes: building plans, elevations and plans Preparation of color sketches Development of preferred design Preparation of cost estimates Meetings with staff Construction Documents Phase Preparation of cx~nstruotion docimments Review meetings with owner Construction Phase Bidding services Preparation of addenda Pre-construction meetings Periodic review of construction Bi-weekly or wcekly m~ings with contractor (as necessary) Review of administrative documents and approval of pay requests Preparation of Punch List and review of close-out items Services include: Architectural design Structural, mechanical and electrical engincering 12.2.0. Summary of items not included in basic services: Services do not include furniture /interior office systems design or selection, soil borings, Hazardous materials surveys, building surveys, permits, staking, utility engineering, site engineering, fire suppression system design, detailed inspections or special inspections. 12.2.1 Attached is a copy of the original proposal submitted to the City of Richfield, for reference purposes: By its execution, this Standard Form of.ArchitecYs Services and modifications are incorporated into the Standard Form of Agreement, AiA Document B-141 that was entered into by the parties as of the date: January 28, 2003. Owner. City of Richfield (signature) (Printed name and title) Arch' rtel Architects, LTD (signature) (Printed name and title) reo-uo-w YO:8JP/1~ nYm-nouuau7 ~ u~armi •.......... ___ ..___.___ _._ 3p. Paragraph 1.4.1.2 is deleted. OWNER City of Richfield By Its Mayor By Its Manager ARCHITECT Oertel Architects, Ltd. By. Its CEo 5 Concerning the proposed master plan, `attached to this report is a reduced copy of the proposed first and second floorplan. Provided toyouseparatelyare.full sized sheets (i.e. 24" x.36" in size) formore detail to better understand theplan. Otherwise, the scope; goals and associated cost estimates are provided in the following paragraphs. SCOPE OF THE PROJECT The master plan; included in this report, was initially prepared after a few discussions with staff; and based on our review of the facility, using our experience. and judgement on what .best to incorporate into the plan for a better facility, functionally and aesthetically.. The plan evolved. to include additional elements and goals. The elements that were incorporated. in the final plan, and listed below, were done with the direct assistance: of the various user.groups at the Community Center, and developed through a number of work'sessions. The overall tenor and basis of work involves a number of diverse. items, needs and goals, includes, the desire to; Add ADA compliant restrooms and irr~prove accessibikty. > 1Vlaintairi-one entrance to the building for bettersecurity and separation reasons. 1 The following is a cost breakdown of the various hard costs and soft costs. that are anticipated to ~ be includedin the. scope of the work. -~ ~ ` .: S ince the preliminary master plan is schematic in nature, and the ultimate level of quality and fuush is yet to be determined, the final breakdown of costs may be higher or lower for each category. The costs, none-the-less; should be a reasonable barometer on the relative level of cos t. Item: hi gh estimate /allowance low estimate /allowance - Primary concept: $1 86;000.00 $174,000.00 ' 2nd ADA restroom: $ 10,000.00 $ 10,000.00 Mechanical fixes: $ 50,000.00 - $` 48;000.00 ...Kitchen code items: ` $ 25,000.00. $ 22;000.00 Carols for. computers:. $ 23,000.OQ ' $ :10,000.00 Accordion partition,. upper: $ 9;000.00 $ -_ 9,000.00 ' Accordion partition, lower: $ 6,004.00 $ 6,000.00- Technologyupgrades: $ 21,000.00,. $ 16,000.00 Computers: $ 0.00 $ 0.00. Furniture /equipment: $ 20,000.00 $ 10,000.00 Soft costs % fees: ' $ 34,000:00 $ 30,000.00. Contingency: $ 25,000.00. $.' 15,000.00 Other;items for consideration; - , , _, Covered walkway: ` , $ 37,000:00 - $ 27;000.00 Replacement windows: $ 32;000.00 $ 25;000.00 Replacemenfi lightuig:.~ . $ 15;000.00 $ 10,000.00 The. current budget for the project has been estahlished at $376,000.00. This does not include-:any special grants,,gifts from the community (or certain companies) and any in-kind work by the community.: Since thetotal list of needs; desires, technical upgrades. and maintenance items could far outweigh the :budget, we. are anticipating that alternates will be used during the: bidding. We will likely need to develop acid°prioritize a "want list".once the basic scope of work ~has`been established. " . ,; ~, CONCLUSION It has been a pleasure to assist with this exciting and challenging project: Working with the _~ corntnunitygroup~s and your staffhas been effortless and quite enjoyable. I trustthat the ,prQ~osed finalmaster plan has met.your expectations, aswell as the communitygroups; and that we have the basis of a good working plan. If you have any questions or comments, please feel free to contact me. Otherwise, I will be _ - prepared to assist you on January 21, 2003, to discuss this master. plan; and the anticipated bidding; with city officials. 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V~ O ~ ~ a EXHIBIT B OERTEL ARCHITECTS 1795 Saint Clair Avenue St. Paul, MN 55105 HOURLY RATES RICHFIELD COMMUNITY CENTER PROJECT Rates effecti~;e throicgla winter of 2003/2004 Person /title Jeff Oertel, Principal Deb Brandwick, Architect Stacy Scharch, Job Captain Architectural Designer /CAD Shane Albertson, Lead Mechanical Engineer Senior Mechanical Designer Dan Paulson, Lead Electrical Engineer Sr. Project Elec. Designer Electrical CAD Operator Rate $7.00 /hour $75.00 /hour $60.00 /hour $48.00 /hour $95.00 /hour $65.00 /hour $125.00 /hour $90.00 /hour $65.00 /hour RICHFIELD COMMUNITY CENTER REMODELING PROJECT SCHEDULE January 21, 2003 Present preliminary plan and cost estimates to Community Services Commission February 11, 2003 City Council consideration to proceed with plans, specifications and bidding documents. March 25, 2003 Draft of plans and specifications reviewed by Building Official and Bloomington Health Officials . April 8, 2003 City Council consideration of plans and specifications and to proceed with advertisement for bids. May 1, 2003 Bid Opening. May 13, 2003 City Council consideration of bids. May 27, 2003 City Council consideration of construction contracts. May 28, 2003 Construction begins. September 15, 2003 Construction Completion Deadline. AGENDA SECTION: Consent AGENDA ITEM # _ REPORT # ~ h STAFF REPORT CITY COUNCIL MEETING ~ FEBRUARY 11, 2003 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: i JOHN EVANS, ADMINISTRATIVE AIDE t NAiL1E, TITLE JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR Nance, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution authorizing the City of Richfield's application for the 2003 Municipal Rec clin Grant from Henne in Count and the si nin of the 2003 rec clin contract. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the City of Richfield's application for the 2003 Municipal Recycling Grant from Hennepin County and the signing of the 2003 recycling contract. II. BACKGROUND The City of Richfield- receives a municipal recycling grant from Hennepin County each year to promote r~;cycling initiatives. 90% of this grant is given to Richfield residents as a quarterly utility bill refund and 10% is used to cover administrative costs of the recycling program. The amount of the grant varies from year-to-year; last year's grant wad approximately $90,600. III. BASIS OF RECOMMENDATION I A. POLICY • Richfield supports a residential recycling program as part of local environmental management. 0211 recycling B. CRITICAL ISSUES • Approval of the resolution is required to receive the grant. • Action is requested on February 11 to meet the grant application deadline. C. FINANCIAL • The City acts as a community partner and, with this grant, no expenses are incurred to administer this program. D. LEGAL N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the resolution, preventing the implementation of the recycling program. Deferring action is not an alternative as the grant deadline needs to be met. V. ATTACHMENTS • Resolution authorizing the grant application. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION AUTHORIZING SUBMITTAL OF THE MUNICIPAL GRANT APPLICATION FOR 2003 HENNEPIN COUNTY RESIDENTIAL RECYCLING PROGRAM AND THE SIGNING OF THE 2003 MUNICIPAL RECYCLING PROGRAM CONTRACT. WHEREAS, Hennepin County provides annual grants related to residential recycling programs; and WHEREAS, the City of Richfield desires to participate in the residential recycling grant program. NOW, THEREFORE, BE IT RESOLVED by the Richfield City Council of the City of Richfield: 1. That a municipal grant application be processed for participation in the 2003 Hennepin County Residential Recycling Program. 2. That the City Manager of the City of Richfield is hereby authorized and directed to execute and file such application with Hennepin County Department of Environmental Management. Passed by the City Council of the City of Richfield, Minnesota this 11th day of February, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk J STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING FEBRUARY 11, 2003 Consent 5D 35 REPORT PREPARED BY: GLENN MORK, POLICE LIEUTENANT NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ 1( (rb SIGNATURE REVIEWED BY CITY MANAGER: ~ ~ _ r~ ~ o ITEM FOR COUNCIL CONSIDERATION: Consideration of Emergency Response Plan and the accompanying resolution to aid City in the miti ation, re aredness, res onse and recove from an t e of disaster. RECOMMENDED ACTION: By Motion: Approve and accept the attached Emergency Response Plan as presented for the City of Richfield for use in the event of a natural or major disaster and additionally approve the attached Resolution accepting the Emergency Response Plan and providing for chances to be made to the Plan. II. BACKGROUND The City of Richfield identified the need to routinely review and update the Emergency Response Plan. The City is vulnerable to tornadoes, flooding, blizzards and other natural disasters. In addition, major disasters such as plane crashes, explosions, accidental releases of hazardous materials, and nuclear incidents are a potential threat to public health and safety in Richfield. An emergency plan is needed to insure the protection of the public from the effects of these hazards. The City has many capabilities and resources that could be used in the response to any major disaster. These include the facilities, equipment, and staff and skill of 0211 2003Emergency Response Plan both government and non-government professionals and groups. The purpose of the plan is to ensure the effective, coordinated use of these resources to maximize the protection of life and property, to ensure the continuity of government, sustain survivors, and the repair of essential facilities and utilities. III. BASIS OF RECOMMENDATION A. POLICY • The Emergency Plan is designed and modeled after the "Minnesota Incident Management System. MIMS, as it is often referred to, is the standard operating system adopted by the Minnesota Department of Public Safety, Minnesota Division of Emergency Management, Minnesota Chiefs of Police Association, Minnesota Emergency Management Services Association, Minnesota State Fire Department Association, Minnesota State Fire Chiefs Association, Minnesota State Sheriffs Association, American Red Cross, and the Association of Emergency Managers. • The City of Richfield is committed to an emergency preparedness plan that will aid in the reduction of the ill effects of a disaster upon our citizens and one that will facilitate aCity-wide recovery as quickly as possible. B. CRITICAL ISSUES • The Emergency Plan will be an effective tool for use in disasters as long as it contains up-to-date information and those who will be responsible for its enactment are intimately familiar with it. • The Public Safety Department/Emergency Manager is moving forward with the Emergency Plan. The next step will be a review and approval of the plan by Hennepin County Emergency Preparedness and the Minnesota Division of Emergency Management. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Continue in operation with old plan. V. ATTACHMENTS • Resolution approving the 2003 Emergency Plan • City of Richfield Emergency Response Plan VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. RESOLUTION APPROVING THE 2003 EMERGENCY RESPONSE PLAN FOR THE CITY OF RICHFIELD AND AUTHORIZING STAFF TO CONTINUE TO UPDATE AS NECESSARY TO MAINTAIN AN ACCURATE, UP-TO-DATE PLAN WHEREAS, when disaster strikes, preparedness, planning and training become crucial to minimizing the ill effects of the incident, whether natural or man-made; and WHEREAS, the City has conducted training through mock disaster tabletop exercises and through sessions put on by the Minnesota Department of Emergency Management to keep the City staff alert and knowledgeable of state guidelines; and WHEREAS, the City has long had an Emergency Response Plan to guide and assist in managing an event; and WHEREAS, the City recognizes that an updated Emergency Response Plan is an on-going process that must be done to assure that information contained in the Plan is accurate; and WHEREAS, the City also knows that it is not necessary for the Council to be called upon to approve minor changes to the Plan and places that responsibility on staff to continually monitor contact names, resources, procedures and checklists. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The Emergency Response Plan as submitted this date is approved as presented. 2. Staff will monitor the Plan and make changes and updates as .needed, without Council approval, so long as the Plan is not affected in a major way. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of February, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING FEBRUARY 11, 2003 Consent 5C 34 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: I~ REVIEWED BY CITY MANAGER: /~ TIM OLSON, PROJECT ENGINEER NAME, TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR ITEM FOR COUNCIL CONSIDERATION: Consideration of Stipulation of Settlement on Parcel 7 for the 76th Street Widening Project. I. RECOMMENDED ACTION: By Motion: Approve the Stipulation of Settlement on Parcel 7 of the 76th. Street Widening Project between the City, the HRA and the rs ~ownerstl. III. BACKGROUND ~ The 76th Street Widening Project from I-35W to Penn Avenue required right of way acquisition from 14 parcels. One of those parcels, Parcel 7, is located at 7544 Oliver Avenue and is owned by the Meyers. The City has followed through the condemnation process using the Quick Take Method. The City has deposited with the Courts $11,900 for the takings on Parcel 7. The City has now reached a settlement with the owners of Parcel 7. In the Stipulation of Settlement for Parcel 7, the City agrees to pay $20,000 to the Meyers. This payment compensates the owners for the permanent and temporary takings on their property. The settlement also establishes easements across Parcel 6 and 15 for the benefit of Parcel 7. The easements are for driveway, parking and snow removal. 0211 MeyerStipAgrmt Nen~F T7TI.P The easements benefiting Parcel 7 are necessary as a result of a 1999 HRA project. The project was for the construction of a new parking lot with common drive accesses for four apartments located on the 7500 block of Penn and Oliver Avenue. Parcel 15 was one of the properties included in that project. As part of that project the HRA was to convey Parcel 15 to the owners of Parcel 6 and then establish certain easements in favor of the owners of Parcel 7 across Parcel 15. This work was never completed. III. BASIS OF RECOMMENDATION A. POLICY • The subject property was identified for partial acquisition for the Widening of 76th Street from I-35W to Penn Avenue. • Right of Way acquisition procedures set forth by the Minnesota Department of Transportation (MnDOT) and the Federal Highway Administration are being followed. B. CRITICAL ISSUES • The City attorney and staff have agreed to the settlement amount contingent on Council approval. The Court Appointed Commissioners have also met to make an award as approved in the settlement. Not approving the settlement would require appeal to the Commissioner's award thereby continuing the condemnation process. C. FINANCIAL • Funding for the purchase of right of way on the 76th Street Widening project is through the use of Municipal State Aid Street funds (gas tax revenues). • The HRA has pledged to contribute $5000 for the additional work necessary for settling-the easement conflicts on Parcel 15. D. LEGAL • The City's legal counsel, Robert Lindall, has presented his findings and recommendation in .his attached letter dated January 27, 2003. The Stipulation of Settlement is also attached. I 1 V . ALTERNATIVE KECOMMENDATION(S) I The Council may choose not to approve the proposed settlement, thus requiring an appeal of the award. However this requires the City to continue with the condemnation process without much possibility of decreasing the City's expenses. V. ATTACHMENTS • January 27, 2003 letter from. Robert Lind • Stipulation of Settlement. • Right of Way Map of affected parcels. ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ one anticip 470 Pillsbury Center 1 200 South Sixth Street ~ Minneapolis MN 55402 ~~ (612) 337-9300 telephone (612) 337-9310 fax C H A R T E R E o http://www.kennedy-graven.com ROBERT J. LINDALL Attorney at Law Direct Dial (612) 337-9219 Real Property Law Specialist, Certified by Minnesota State Bar Assn. CONFIDENTIAL -ATTORNEY/CLIENT PRIVILEGED COMMUNICATION January 27, 2003 VIA FACSIMILE 861-8974 AND U.S. MAIL Jim Olson Department of Public Works City of Richfield 6700 Portland Avenue South Richfield, MN 55423 Re: City of Richfield v. The Church of St. Richard's of Richfield, et al. Hennepin County District Court File No. CD-2632 Parcel 7 - 7544 Oliver Avenue South Parce115 - 7545 Penn Avenue South Dear Jim: ~~ Enclosed is a proposed Stipulation of Settlement between the City of Richfield. ("City"), The Housing and Redevelopment Authority in and for the City of Richfield ("HRA") and Prudence and Raymond Meyer, owners of Parcel 7. This matter was commenced for the widening of 76~' Street and reconstruction of the intersection of 76t1i Street and Penn Avenue. In 1998, there was a previous street project by Hennepin County which resulted in the removal of the building formerly located south of 7544 Oliver Avenue South (Parcel 7 in this action) and the building on 7545 Penn Avenue South (Parcel 15 in the present action). Prudence and Raymond Meyer were the owners of the property south of 7544 Oliver Avenue South. They were then able to buy back the residue and build the present building at 7544 Oliver Avenue South. In 1999 the HRA constructed a new parking lot between 7539 Penn, 7545 Penn and 7544 Oliver Avenue South which was funded by a Liveable Communities Grant. The plan was to obtain reciprocal easements from all of the affected owners but that goal was never attained. One problem that prevented obtaining agreement among all the owners was a conflict among the owners. The Meyers needed an easement across Parcels 6 and 15 to use all of the stalls in their garage and driveway at 7544 Oliver. They entered into an agreement with the HRA under which the HRA agreed to use best efforts to obtain RJL-226673v1 RC145-448 Jim Olson Ltr January 27, 2003 Page 2 driveway, parking and snow removal easements over Parcel 15 for the benefit of Parcel 7. The HRA is the owner of the property at 7545 Penn (Parcel 15). In the present matter, the City took a permanent easement from Parcel ? (7544 Oliver) which caused the setback from 76t1i Street for that property to be non-conforming. However, the City has issued a variance to solve that problem. The condemnation petition included a pledge by the City to deed the residue of Parcel 15 to the owner of Parcel 6 in mitigation of the damage claim of the owner of Parcel 6. After filing the condemnation, we became aware of the Meyers' claims that the HRA had not fully performed under the 1999 Memorandum Agreement between the HRA and Meyers. Following discussion with City and HRA staff we agreed that the present condemnation could be used as a vehicle for obtaining the necessary easements to finally implement the remaining objectives of the 1999 parking lot project. We attempted to revise the condemnation to amend the easements to be reserved over Parcel 15 for the benefit of Parcel ?prior to conveying Parcel 15 to the Sjostrands (owners of Parcel 6). One or both of the owners objected and the Court refused to amend the previous order approving the petition to also permit the city to reserve a parking easement over Parcel 15 in favor of Parcel ?. Meyers claimed damages of $46,800 due to the condemnation. They did not have an independent appraiser, but Ray Meyer apparently is licensed as an appraiser and had prepared an appraisal report of the damages. The City's appraiser, Jason Messner, concluded that the damages were $7,150. We have reached a proposed settlement among the City, HRA and Meyers in which Meyers have agreed to accept $20,000 in settlement of all claims against the City or the HRA under the condemnation or the HRA agreement. The HRA Board has agreed to contribute $5,000 of this amount. The settlement is contingent upon City Council approval and issuance of a condemnation commissioners' award in the amount of $20,000 with all damages going to the Meyers as to Parcel ?and the Meyers getting $0 as to Parcel 15. We recommend approval of the settlement. Please request City Council approval of the settlement. Let me know if you have any questions. Very truly yours, Robert J. Lindall RJL:peb Enclosure cc: Bruce Nordquist (w/enc.) Corrine Thomson (w/o enc.) John Dean (w/o enc.) RJL-226673v1 RC145~48 Case Type: Condemnation STATE OF MINNESOTA COUNTY OF HENNEPIN City of Richfield, a municipal corporation under Minnesota law, vs. Petitioner, File No. CD-2632 STIPULATION OF SETTLEMENT The Church of St. Richard's of Richfield, et al. Respondents. PARCELS 7 and 15 THIS STIPULATION is made by and between Petitioner City of Richfield ("City"), Respondent The Housing and Redevelopment Authority in and for the City of Richfield ("HRA"), and Respondents P.S. Meyer, aka Prudence S. Meyer ,and Raymond F. Meyer, husband and wife ("Meyers"). I. RECITALS 1.01. Meyers are the fee owners of the real estate located at 7544 Oliver Avenue South, Richfield, Minnesota ("Parcel 7" in this proceeding); and 1.02. City is acquiring the real estate interests necessary to enable it to improve and widen 76`h Street and Penn Avenue adjacent to Parcel 7 ("Project"); and 1.03. The parties agree that the rights and interests described on Third Amended Exhibit A attached hereto ("Rights and Interests") are the rights and interests acquired by the City in this proceeding for purposes of the Project and that this proceeding is also intended to settle Meyers' claims under the Letter of Understanding between Respondent HRA and Meyers dated January 21, 1999, which is described in Third Amended Exhibit A; and 1.04. Meyers also have claimed an interest in the real estate located at 7545 Penn Avenue DISTRICT COURT FOURTH JUDICIAL DISTRICT South ("Parcel 15" in this proceeding); and RJL-225154v2 1 RC 14548 1.05. The parties to this Stipulation have negotiated a full and final settlement of the instant action and the Meyers' claims relating to the 1999 Project and relating to Parcel 15, and in that connection desire to provide for compensation as provided herein. II. AGREEMENT NOW, THEREFORE, in consideration of the premises and their respective promises, the parties hereto hereby agree as follows: 2.01. The foregoing recitals are incorporated into this Agreement. 2.02. In settlement of any and all claims of Meyers in the above matter resulting from the taking by the City herein of the Rights and Interests for the Project and to settle the claims of Meyers relating to the 1999 Project and relating to Parcel 15, the City agrees to pay Meyers $20,000 ("Settlement Amount") and convey the easements described in paragraphs 1, 2 and 3 of page A-2 of Third Amended Exhibit A to Meyers by warranty deed. 2.03. The parties agree that the Settlement Amount includes all amounts due and owing to Meyers in consideration for the taking of the Rights and Interests in this proceeding and the improvements to be constructed thereon as part of the Project, and in settlement of the Meyers' claims relating to the 1999 Project, including but not limited to, amounts due and owing for just compensation, interest and costs and disbursements, including appraisal and attorneys fees. To implement this settlement, the parties stipulate that the court-appointed condemnation commissioners may enter an award in the gross amount of the Settlement Amount in this action for the acquisition of the Rights and Interests, naming Meyers as the respondents entitled to all damages awarded by the commissioners and with all other respondents receiving $-0- with respect to Parcel ?and Meyers receiving $-0- with respect to Parcel 15. 2.04. Provided: (a) that the condemnation commissioners make an award with respect to Parcel 7 in the amount of the Settlement Amount to Meyers only; and (b) that no respondent appeals the award of commissioners, the City shall make direct payment of the Settlement Amount RJL-225154v2 2 RC 145-448 to Meyers and to any other respondents that may be named by the commissioners as beneficiaries of the award. Such payment shall be made within fifteen (15) days after the expiration of the period of appeal from the award. In the event that the award with respect to Parcel 7 is other than the Settlement Amount, or the commissioners name other respondents as jointly being entitled to payment of the Settlement Amount, or Meyers or other respondents appeal the commissioners' award, the City may appeal such award and may also elect to make payment as provided by law by deposit of the funds into District Court. 2.05. When the City has made payment hereunder directly to Meyers, the City shall be entitled to any Quick Take deposit that has been made into District Court with respect to the acquisition of the Rights and Interests from Parcels 7 and 15, together with any interest that has accrued thereon, and the City may obtain an ex parte order of the Court which directs the court administrator to disburse to the City all such funds on deposit with the Court with respect to Parcels 7 and 15, except that the interest accrued on the amount deposited with respect to Parcel 7 shall be paid to Meyers. 2.06. The parties each waive any and all rights to any further notices, viewings, or hearings regarding the instant condemnation action and in relation to the alteration of Parcels 7 and 15 by City and HRA as part of the 1999 Project. The parties also waive their rights to appeal from the entry of the award of commissioners with respect to Parcel 7, unless the commissioners' award is other than the Settlement Amount or any party appeals the commissioners' award claiming they are entitled to a portion of the Settlement Amount. 2.07. Notwithstanding any other provision of this Agreement, unless waived in writing by either the City or HRA, this Agreement is contingent upon: (a) approval of the Richfield City Council; (b) approval of the Board of Commissioners of HRA; and c) issuance of a commissioners award with respect to Parcel ?consistent with the provisions of this Agreement. RJL-225154v2 3 RC 145-448 RESPONDENTS P.S. Meyer, aka Prudence S. Meyer Raymond F. Meyer Dated: , 2003 LARKIN, HOFFMAN, DALY & LINDGREN, LTD. By: Mark D. Christopherson (276182) 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Bloomington, MN 55431-1194 (952) 896-3239 ATTORNEYS FOR RESPONDENTS PRUDENCE MEYER AND RAYMOND F MEYER Dated: , 2003 RJL-225154v2 RC 145-448 RESPONDENT THE HOUSING AND REDEVELOPMENT AUTHORITY 1N AND FOR THE CITY OF RICHFIELD By: Its Executive Director Dated: , 2003 PETITIONER CITY OF RICHFIELD By: Samantha Orduno, City Manager Dated: , 2003 KENNEDY & GRAVEN By: Robert J. Lindall (63277) 470 Pillsbury Center Minneapolis, MN 55402 Telephone: (612)337-9300 ATTORNEYS FOR PETITIONER CITY OF RICHFIELD AND RESPONDENT HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD Dated: , 2003 4 THIRD AMENDED EXHIBIT A PARCEL 7: P.I.N. 33-028-24-32-0036 (Abstract) PROPERTY ADDRESS: 7544 Oliver Avenue South DESCRIPTION OF PROPERTY TO BE ENCUMBERED: The South 133 feet of the East 149 feet of the West 331 feet of the South One Quarter of the Northwest Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. Except Roads DESCRIPTION OF EASEMENTS TO BE ACQUIRED: A perpetual easement for roadway, sidewalk and utility purposes over, under, and across that part of the above described property which lies northerly of a permanent easement for CSAH 32 over said property as described as Parcel 12 in Final Certificate filed as Hennepin County Document No. 6829567 and lies southerly of Line A described as commencing at southeast corner of said West 331 feet; thence North 00 degrees 13 minutes 20 seconds East, along the east line of said West 331 feet, a distance of 53.70 feet; thence North 87 degrees 30 minutes 04 seconds West 30.02 feet to a point in the west right of way line of Oliver Avenue as described in Book 2783 of Deeds, page 107 and the point of beginning Line A to be described; thence North 87 degrees 30 minutes 04 seconds West 101.44 feet; thence North 77 degrees 49 minutes 32 seconds West 18.03 feet to a point in the west line of said East 149 feet of the West 331 feet and said Line A there terminating. 2. A temporary easement for construction purposes over, under, and across that part of the above described property which lies northerly of the herein described perpetual easement and southerly of Line B described as commencing at the point of termination of Line A; thence North 00 degrees 13 minutes 20 seconds West, along the west line of said East 149 feet, a distance of 5.11 feet to the point of beginning of Line B to be described; thence South 77 degrees 50 minutes 55 seconds East 16.46 feet; thence South 89 degrees 39 minutes 27 seconds East 102.86 feet to the west line of said Oliver Avenue and said Line B there terminating. For the purpose of this description, bearings are oriented to the Hennepin County Coordinate System in which the west line of the Southwest Quarter of Section 33, Township 28, Range 24, bears North 00 degrees 13 minutes 20 seconds West. Said perpetual easement contains 693 square feet more or less. Said temporary easement contains 835 square feet more or less. Said temporary easement shall commerice on July 1, 2001 and shall expire December 31, 2002. RJL-225154v2 A-1 RC 145-448 Pursuant to the Letter of Understanding between Respondent HRA and the owners of Parcel 7, dated January 21, 1999, Petitioner shall convey to the owners of Pazce17, as their interests may appear, the following easements: A non-exclusive perpetual easement for vehiculaz ingress and egress over, under, and across the south 21 feet of the east 44 feet of Parcel 6 described herein for the benefit of and which shall be appurtenant to the above described property. Said easement shall include the right of the owners and encumbrancers of the above described property from time to time to remove snow from, resurface, re-stripe and otherwise maintain, repair and reconstruct the driveway improvements within the easement azea. Said easement shall be subject to the duty upon the owners and encumbrancers of Pazcel 7 from time to time to contribute proportionately to the cost of snow removal, resurfacing, re-striping, maintaining, repairing and reconstructing said driveway improvements. 2. Anon-exclusive perpetual easement for driveway purposes over and across the easterly 44 feet of Parcel 15 herein (located at 7545 Penn Avenue South, Richfield) subject to existing easements, if any. Said easement shall include the right of the owners and encumbrancers of the above described property from time to time to remove snow from, resurface, re-stripe and otherwise maintain, repair and reconstruct the driveway improvements within the easement area. Said easement shall be subject to the duty upon the owners and encumbrancers of Parcel 7 from time to time to contribute proportionately to the cost of snow removal, resurfacing, re-striping, maintaining, repairing and reconstructing said driveway improvements. 3. Anon-exclusive perpetual easement for snow storage purposes over the west 36 feet of the east 102 feet of said Pazcel 15 herein, subject to existing easements, if any, together with access thereto over the west 22 feet of the east 66 feet of Parcel 15. Said easement shall include the right of the owners and encumbrancers of the above described property from time to time to remove snow from Pazce1 7 and said driveway easement and store snow within the snow storage easement area. Said easement shall, be subject to the duty upon the owners and encumbrancers of Parcel ?from time to time to contribute proportionately to the cost of snow removal from said easement area. Notwithstanding the foregoing, the owners of Parcel ?shall not impede the ability of the owners of Parcels 6 and 15 to also use the easement area to obtain access to Pazcels 6 and 15 and to park in the west 22 feet of the east 66 feet of Parcel 15. Access will be provided between the above described property and adjacent public streets at substantially all times throughout the term of the above temporazy easements. RJL-225154v2 A-2 RC 145-448 Description of Parties Known or Thought to Have an Interest in Said Property Name Nature of A arent Interest P.S. Meyer, aka Prudence S. Meyer Fee Owner Prudence S. Meyer and Raymond F. Meyer, Possible holders of an interest husband and wife Wells Fargo Mortgage, Inc., formerly known as Mortgage Norwest Mortgage, Inc. Housing and Redevelopment Authority in and Mortgage for the City of Richfield Hiawatha Home Builders, Inc., formerly a Possible holders of an interest Minnesota corporation All other parties unknown, together with Any right, title or interest in the Subject unknown heirs or devisees and spouses, if any Property Notwithstanding the foregoing attempt to identify all interests held by a party named herein, it is Petitioner's intention herein to encumber all interests owned by the named respondents in the above-described real estate. RJL-225154v2 A-3 RC145-448 PARCEL 15: P.I.N. No.: 33-028-24-32-0037 PROPERTY ADDRESS: 7545 Penn Avenue South DESCRIPTION OF PROPERTY TO BE ENCUMBERED: (per Document No. 6829567) That part of the West 182 feet of the South One Quarter of the Northwest Quarter of the Southwest Quarter of Section 33, Township 28, North Range 24 West of the Fourth Principal Meridian, lying South of the North 222 feet thereof, according to the Government Survey thereof. DESCRIPTION OF LAND TO BE CONVEYED TO OWNERS OF PARCEL 6: That part of the above described property which lies northerly of the following described Line A: Commencing at the northeast corner of said property; thence South 00 degrees 13 minutes 20 seconds West, along the east line of said West 182 feet, a distance of 43.29 feet to the point of beginning of Line A to be described; thence North 77 degrees 49 minutes 32 seconds West a distance of 45.31 feet; thence North 88 degrees 46 minutes 40 seconds West a distance of 63.51 feet; thence northwesterly 47.19 feet along a tangential curve, concave to the northeast, having a radius of 32.33 feet and a central angle of 83 degrees 37 minutes 49 seconds; thence North OS degrees 08 minutes 51 seconds West 3.02 feet to a point in the north line of the above described property distant 139.74 feet west of said northeast corner and said line there terminating. Subject to a permanent easement in favor of the City of Richfield for drainage and utility purposes over, under and across that part of said property lying within 10.00 feet northerly and easterly of and adjacent to the herein described Line A. Subject to the following described easements for the benefit of Parcel ?herein (located at 7544 Oliver Avenue, Richfield, MN, and which shall be appurtenant to said Parcel 7) which Petitioner shall convey to the owners of Parcel ?, as their interests may appear: 1. Anon-exclusive perpetual easement for driveway purposes over and across the easterly 44 feet of Parcel 15 herein (located at 7545 Penn Avenue South, Richfield, MN) subject to existing easements, if any. Said easement shall include .the right of the owners and encumbrancers of Parcel ?herein (located at 7544 Oliver Avenue South, Richfield, MN) from time to time to remove snow from, resurface, re-stripe and otherwise maintain, repair and reconstruct the driveway improvements within the easement area. Said easement shall be subject to the duty upon the owners and encumbrancers of said Parcel 7 from time to time to contribute proportionately to the cost of snow removal, resurfacing, re-striping, maintaining, repairing and reconstructing said driveway improvements. 2. Anon-exclusive perpetual easement for snow storage purposes over and across the west 36 feet of the east 102 feet of said Parcel 15 herein, subject to existing easements, if any together with access thereto over the west 22 feet of the east 66 feet of Parcel 15. Said easement shall include the right of the owners and encumbrancers of said Parcel 7 from time to time to RJL-225154v2 A-4 RC 145-448 remove snow from Parcel ?and the driveway easements over Parcel 6 and Parcel 15 and store snow within the snow storage easement area. Said easement shall be subject to the duty upon the owners and encumbrancers of Parcel 7 from time to time to contribute proportionately to the cost of snow removal from said easement area. For purposes of this description, bearings are oriented to the Hennepin County Coordinate System in which the west line of the Southwest Quarter of Section 33, Township 28, Range 24, bears North 00 degrees 13 minutes 20 seconds West. Notwithstanding the foregoing, the owners of Parcel ?shall not impede the ability of the owners of Parcels 6 and 15 to also use the easement area to obtain access to Parcels 6 and 15 and to park on the west 22 feet of the east 66 feet of Parcel 15. Nor shall the owners of Parcels 6 or 15 impede the ability of the owners of Parcel 7 to access and use the snow storage easement area or to access the driveway areas on Parcel 7. Said area to be conveyed to Parcel 6 is 4,612 square feet more or less. Said permanent drainage and utility easement contains 1,550 square feet more or less. Description of Parties Known or Thought to Have an Interest in Said Property Name Nature of A arent Interest Housing and Redevelopment Authority in and Fee Owner for the City of Richfield F. C. Sjostrand and A. J. Sjostrand, d/b/a Claimants of an interest Sjostrand Apartments Notwithstanding the foregoing attempt to identify all interests held by a party named herein, it is Petitioner's intention herein to encumber all interests .owned by the named respondents in the above-described real estate. RJL-225154v2 A-5 RC 145-448 Z Z N N w W C~ 2 = } ~ F a -~ W O a c ~ ~ w d I F { -- I I I I I I I f- LL O N tD H W W H N F- cD ti CO 3 H W W H N 2 H cD ti fD W V NB PENN AVE r ~ o ~ N O SB PENN AVE 1 1 d ~~ ~I I O ObOQ ~~ `" J o ~ ~ ~ / ~ ~ I m i~ -J ~ I 1 ~i-~J I O ~ I ~ i j ~bC I I ~LL °o` 3 i__ I I 2i ti; L _ W X O m N S b r--- I O I :: _ ~~ ~ ' _ - C Q ti; ~~N V: W ~n a ' .a i ~ ~ J N C Q ~ a~ _ < ; _ _ .~, I 7 aS ~. ~ I z TI ~ ~ac.~ i z_I _: ~~os. i ?~~Y i WS h b~$ V3~ 5~s ~: a~~~~~ ~0--5~ -iYE°a' "sue 'EH 8° ~:- A~oa<o ~~~~ i;;~ ~~ AGENDA SECTION: Consent AGENDA ITEM # SB:- REPORT # 33 STAFF REPORT CITY COUNCIL MEETING FEBRUARY 11, 2003 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of the attached transitory ordinance providing funding for certain ca ital im rovements from the S ecial Revenue Fund. I. RECOMMENDED ACTION: By Motion: Approve first reading of the attached transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements and schedule public hearing and second reading hearing for March 11, 2003. II. BACKGROUND • At the December 10, 2002 City Council meeting, the City Council authorized $500,000 of Special Revenue Funds for improvements to several City recreation capital improvements in 2003. • Included in the $500,000 are: • $85,000 for Community Center renovations • $100,000 for major park maintenance projects • $60,500 for improvements to Wood Lake Nature Center • $3,600 for Lincoln Field improvements • $250,900 for the first repayment for the outdoor pool renovation internal loan 030211 TransitoryOrd • In addition, the 2003 Capital Improvement Budget also provides for expenditures for all types of funds contained in the budget including municipal state aid, user fees, federal grants and state grants. • Authorization by ordinance is not required for these expenditures. III. BASIS OF RECOMMENDATION A. POLICY City Charter Section 7.12, Subd. 2 requires that Special Revenue Funds used for capital improvements must be authorized by ordinance. • This process provides for public input through a public hearing. B. CRITICAL ISSUES • Under Section 3.09 of the City Charter, a transitory ordinance becomes effective 30 days after publication of the second hearing notice. • The ordinance requirements must be completed early enough in 2003 so that the capital projects can be initiated on a timely basis, completed and the funds expended. • In order for the timely start of the projects under consideration in the Capital Improvement Budget, it is suggested that the first reading of the transitory ordinance take place on February 11 and a public hearing and second reading be completed at the March 11, 2003 City Council meeting. C. FINANCIAL • While the total 2003 Capital Improvements Budget (CIB) includes total budgeted expenditures of $18,073,000 the portion of CIB concerning proposed funding from the Special Revenue fund is $ 500,000. Park Maintenance 100,000 Community Center Renovation 85,000 Wood Lake Roof 45,000 Wood Lake Fence 15,500 Lincoln Field 3,600 Outdoor Pool Renovation 250,900 • A transitory ordinance is necessary to finalize these appropriations pursuant to City Charter. • The source of Special Revenue funds is municipal liquor profits. D. LEGAL • The City Charter requires that a transitory ordinance be used to authorize the expenditure of Special Revenue funds. IV. ALTERNATIVE RECOMMENDATION(S) ~ • The City Council could postpone the first reading of the transitory ordinance to a future City Council meeting: • The City Council could decide to authorize none or only a portion of the expenditures identified from special revenue in the CIB. V. ATTACHMENTS • Ordinance _~ I. PRINCIPAL PARTIES EXPECTED AT MEETING ~ • None BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS CITY OF RICHFIELD DOES ORDAIN: Section 1: It is found and determined to be necessary and expedient for the City to expend money from the Special Revenue Fund for the making of capital improvements listed in Section 2 hereof, for which the City would be authorized to issue general obligation bonds. Section 2: The capital improvements and amounts of expenditures for such improvements which are authorized to be paid from the Special Revenue Fund under Section 7.12, Subdivision 2 of the City Charter, are as follows: Park Maintenance $ 100,000 Community Center Renovation $ 85,000 Wood Lake Roof $ 45,000 Wood Lake Fence $ 15,500 Lincoln Field $ 3,600 Outdoor Pool Renovation $ 250,900 Section 3: The expenditures herein authorized shall be made pursuant to such contracts as are authorized from time to time by Council action. Passed by the City Council of the City of Richfield this day of , 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # 5A REPORT # 3 2 J STAFF REPORT CITY COUNCIL MEETING FEBRUARY 11, 2003 BRUCE SYLVESTER, REPORT PREPARED BY: ZONING ADMINISTRATOR NAME, TITLE BRUCE PALMBORG, REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ,~/j /~" SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: ~I Consideration of first reading of an ordinance amendment to Richfield City Code Section 820.05 regarding legal notice requirements for vacating public right-of way and schedule second readin for March 11, 2003. I. RECOMMENDED ACTION: By motion: Approve first reading. of the attached ordinance amendment to Richfield City Zoning Code Section 820.05 regarding legal notice requirements for vacating public right-of-way and schedule second reading for March 11, 2003. I. BACKGROUND • Currently, City Code requires one published notice at least 10 days in advance of a City Council public hearing for zoning matters. • Most zoning matters also require a mailed notice to both property owners and residents in the area. • Vacating right-of-ways-such as a street or an alley-are not zoning matters and are governed by a separate section of the City Code. (Zoning regulations are in Chapter 5, right-of-way vacation rules are in Chapter 8). • Currently, City Code Chapter 820.05 requires that two legal notices be published in advance of public hearings for vacating public right-of-way. 0211-1 stRead-VacateROW.doc • There are no requirements for mailed notices to residents and property owners. The two legal notices are to appear one each in two successive editions of the newspaper. • Mailed notices are a more effective means of notifying residents and property owners of a proposed. street vacation. • Requiring two published notices for right-of-way vacations is redundant, has caused confusion and delays with processing vacation requests in the past, and imposes unnecessary expenses for the City when one published notice would be sufficient. • Thus, staff is recommending that the City Code state that a mailed notice to affected property owners and residents be required for all right-of-way vacations, and that one legal notice, rather than two, be required to be published in the newspaper. • These changes will make the City's notification requirements for right-of-way vacations the same as they are for zoning matters. II. BASIS OF RECOMMENDATION A. POLICY • To the extent permitted by State law and the City Charter, the City's publication requirements for public hearing should be consistent for all types of zoning or land use matters, including requests to vacate right-of- ways. The recommended change for publication requirements for vacating right-of-way will accomplish this goal. • Requiring a mailed notice is a more effective means of informing affected property owners that aright-of-way vacation has been requested than just having a published notice. B. CRITICAL ISSUES • Changing the publication requirements will save the City publication expenses by reducing the number of legal publications from two to one. Publishing one legal notice for aright-of-way vacation typically costs between $60 and $75. Printing two notices doubles this amount. • Changing the publication requirements for right-of-way vacations will make them consistent with other land-use publication requirements- such as zoning-which will prevent confusion and delays in processing requests for vacations. • One publication is sufficient to inform the public of an up-coming public hearing to consider a request to vacate aright-of-way, especially since the proposed change will require a mailed notice as well. (Note: staff have traditionally sent mailed notices to affected property owners even though. Richfield's Code has not. required such mailed notice.) • The term "affected property owners and residents" for a mailed notice for vacating aright-of--way means. all owners of property that abuts aright-of- way, all .residents living in properties that. abut aright-of-way, and in rare circumstances, owners of property and residents of property that do not abut aright-of-way but whose properties have access to a right-of-way via an easement. Residents of apartments or other renters are included in this group if they live in a property that abuts aright-of--way. The Planning Commission is not required to review or comment on requests for right-of--way vacations, and has therefore not reviewed or commented on this proposed ordinance revision. If approved at first reading, this proposed ordinance revision will be considered at a second reading at the March 11, 2003 City Council meeting. City Code states that "The council may by ordinance vacate a street, alley, public grounds, or a part thereof, on its 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." For vacation requests initiated by a petition of abutting property owners, staff uses Hennepin County property records to determine if the required percentage of property owners have signed the petition before bringing the request to the City Council. C. FINANCIAL • N/A D. LEGAL • The City Attorney has reviewed and approved the attached ordinance amendment. • 4 votes are required to approve this recommended amendment. • 60-DAY RULE: There is no 60 day `clock' on this recommended ordinance revision. III. ALTERNATIVE RECOMMENDATION(S~ • Reject the. recommendation to amend Richfield City Code Section 820.05. IV. ATTACHIvIENTS • Ordinance Amendment V. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A BILL NO. AMENDMENT TO RICHFIELD CITY CODE SECTION 820.05 THE CITY OF RICHFIELD DOES ORDAIN: 1. Section 820.05 of the City Code for the City of Richfield is amended to read as follows: 820.05 Receipt of petition: notice of hearing. The council shall by resolution acknowledge receipt of any petition. The council shall also set the date for a public hearing on any proposed street vacation. No vacation may be made unless it appears in the interest of the public to do so °nr) ^r~lv .~#er .~ he.~ri^.~..,re^o.der) by h~in ~~rceLc~ .,~ ~hli~horJ ^^*~-ana. Not less than 10 days prior to the public hearing, a notice shall be published once in the official newspaper and sent by mail to the owners and residents. For the purpose of giving mailed notice, the zoning administrator may use anY appropriate records to determine the names. and addresses of owners and residents. The failure to give mailed notice to individual property owners and residents, or defects in the mailed notice, will not invalidate the proceedings. Passed by the City Council of the City of Richfield, Minnesota this day of March, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING FEBRUARY 11, 2003 Presentations 2 31 REPORT PREPARED BY: THOMAS FOLEY, TRANSPORTATION ENGINEER REPORT PRESENTER: MICHAEL EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ~~ ITEM FOR COUNCIL CONSIDERATION: Consideration of draft Central-South Metro Transit Concept Plan submitted by Metro Transit I. RECOMMENDED ACTION: By Motion: Submit a letter of support for the proposed Central-South Metro Transit Concept Plan with attached comments. II. BACKGROUND Metro Transit is preparing ashort-term (3-year time frame) plan to modify transit service in the area south of downtown Minneapolis and southwest of downtown Saint Paul (referred to as Sector 5.) The draft plan is attached and Council is asked to submit a letter of support for the plan. Overall, the 3-year plan increases service levels by 11 % and sets a 6% increase in ridership as a goal assuming a 6% increase in budget levels. To limit cost increases some bus service is discontinued or replaced by modifying other routes. New express and limited stop service is provided for longer trips. Most routes are simplified, i.e. fewer branches on a bus route. This results in timesavings on most bus routes, which will make service increasingly attractive to 0211TransitPlan riders. It also means there will be more frequent service and more transfers. Increased transfers will lead to increased use of bus benches and bus shelters. The plan also takes into account the new Best Buy Campus and the Hiawatha Light Rail Transit Line, and strengthens routes to and from transit hubs. New express bus service, operating all day in both directions, is built around new park and ride lots including one on the south side of the Best Buy Campus. Service could be further enhanced if additional transit facilities were built. New transit stations are needed along I-35W at 46th Street; 38th Street; and Lake Street in Minneapolis. Completion of the High Occupancy Vehicle Lane into downtown Minneapolis is essential to promote high-speed bus service. Some east-west bus routes could be improved by simplifying them to provide faster service. One of the comments in B-6. Local Bus Service requests a Richfield Circulator Bus Service perhaps funded with CMAQ funds. Metro Transit has held a series of six public meetings on the plan including one in Richfield on January 30, 2003. Detailed comments on specific bus routes and other aspects of the plan are attached. III. BASIS OF RECOMMENDATION A. POLICY • New express bus service on I-35W and limited stop service on I-494 and to downtown Saint Paul are consistent with the Richfield Comprehensive Plan that calls for Bus Rapid Transit (BRT). • To advance high-speed bus service, there is a need to complete new bus stations along I-35W at 46th Street; 38th Street; and Lake Street in Minneapolis; and, extend the I-35W High Occupancy Vehicle Lane into downtown Minneapolis. They are not mentioned in the plan but should be. • New service to Best Buy Campus and increased frequency of service throughout Richfield furthers the City's Comprehensive Plan to promote alternatives to the automobile for travel. B. CRITICAL ISSUES • To simplify bus routes and achieve timesavings, some bus service will be eliminated and additional bus transfers will be necessary. • New bus service is proposed on .12th Avenue between 66th Street and 76th Street. Some service east of 12th Avenue will be discontinued that was formerly served by the Route 15 bus. Council should encourage Metro Transit to use small (30-foot) buses to gain neighborhood acceptance of new bus service on 12th Avenue. • A local bus route that operates all day long will replace express bus service on Lyndale Avenue that operates only during rush hours. • One branch of Route 5 to serve Bloomington Avenue as far south as 62nd Street will be discontinued and another branch that serves the Richfield Towers Apartments at 77th St. and Chicago Avenue will be discontinued. Alternate service on 77th Street will serve Richfield Towers. C. FINANCIAL • The draft plan may have to be modified as funding for transit is reduced to balance the state of Minnesota's budget. • There are no City funds involved in implementing the plan. D. LEGAL • None IV. ALTERNATIVE RECOMMENDATION(S~ • Council can choose to oppose any changes in current bus service. However, staff believes the proposed revisions in the plan will significantly improve overall bus service in Richfield, i.e. faster service and more frequent service. • Council can choose to modify the attached staff comments that would be attached to the Council letter in support of the draft plan. V. ATTACHMENTS • Metro Transit's Sector 5 Concept Plan- Central South Metro, December, 2002 with staff comments for inclusion in a letter to Metro Transit on the plan. • Brochure on Bus Rapid Transit. • Metro Council's 2025 Transitways Map, September 2002. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • John Dillery, Metro Transit Planner, will speak on the draft plan. Comments on Metro Transit's Central-South Metro Concept Plan Summary: Overall, the 3-year plan increases service levels and forecasts ridership increases in Richfield for a constant budget level. To avoid cost increases some bus service is discontinued or replaced by modifying other routes. New express and limited stop service is provided for longer trips. Most routes are simplified, i.e. fewer branches on a bus route. This results in time savings on most bus routes which will make service increasingly attractive to riders. It also means there will be more transfers and more frequent service. Increased transfers will lead to increased use of bus benches and bus shelters. The plan also takes into account the new Best Buy Campus and the Hiawatha Light Rail Transit Line, and strengthens routes to and from transit hubs. New express bus service is built around new park and ride lots including one on the south side of the Best Buy Campus. Service could be further enhanced if additional transit facilities were built: completion of transit stations along I-35W at 46th Street; 38th Street; and Lake Street in Minneapolis; and, completion of the High Occupancy Vehicle Lane into downtown Minneapolis. Some east-west bus routes could be improved by simplifying them to provide faster service. Detailed comments on specific bus routes and other aspects of the plan are attached. A. EXPRESS SERVICE ON FREEWAYS AND LIMITED STOP SERVICE A-1. I-35W Express Bus Service (Routes 5356 and 535C) is proposed between 98th Street and downtown Minneapolis. Frequent express service would operate all-day in both directions. Routes 5358 and 535C would serve the Best Buy Campus and its 500-space park and ride lot, 76th Street, and the 66th Street transit station. This service will provide the kind of high-speed bus service envisioned in Richfield's Comprehensive Plan. Significant timesavings will be achieved for riders trying to go to/from the Minneapolis CBD. Routes 515 on 66th Street and 540/541 on 76th Street will connect to this express service. Recommendation: Strongly support this service. A-2. I-494 Express Bus Service (Route 594) from Eden Prairie to Mall of America On an interim basis express service will travel on both the freeway and on the parallel reliever arterials. Eventually, it will remain on I-494 with limited stops. For now service will be on I-494 to Highway 100 to 76th Street to Penn Avenue (Best Buy Campus) and then south to 79th Street, and then east to the Mall of America. Recommendation: Heading in the right direction but fewer stops would reduce total travel time. A-3. Limited Stop Bus Service to Downtown Saint Paul (Route 54) This is a limited stop service from the Mall of America with a frequency of 15 minutes weekdays and 20-30 minutes on weekends. It also provides service to the Airport's main terminal. A number of bus routes in Richfield connect to this service: The service will travel on West Seventh Street. This adds 2 to 3 minutes to the total travel time but frequency of service is doubled. Recommendation: On balance, this results in improved service to Saint Paul with several routes in Richfield connecting to this route at the Mall of America. A-4. Express Bus Service on Nicollet Avenue (Route 554) replaces Routes 35LSU. Provides express service for three one-way trips in rush hours. Service starts at 98th Street and stays on Nicollet Avenue until Diamond Lake Road. A slight timesavings is achieved. Recommendation: Support this improved service. A-5. Express Bus Service on Portland Avenue and Bloomington Avenue (Routes 552 and 553) both provide one-way express service to downtown Minneapolis during peak hours. No change in service. B. LOCAL BUS SERVICE B-1. East-West Bus Service along I-494 Reliever Arterials (Routes 540 and 541) is looped between the Mall of America and East Bush Lake Road. The looped service provides uniform travel times and a rider can remain on the bus as it crosses I-494 on the far west end to complete a trip in Bloomington. As proposed the routes weave north and south of I-494, this adds travel time to both routes. Bloomington staff have suggested simplifying each route by crossing I-494 only at the far ends. This would reduce total travel time on both routes but would disconnect Route 540 from using the 82nd Street Transit Station. Instead, the Best Buy Transit Station could serve a similar function. Transfers to north-south buses on Penn Avenue could provide riders with shuttle service to the 82nd Street Transit Hub. Recommendation: Suggest altering the 540 and 541 Routes to stay on either side of I-494 to reduce total travel time and provide more efficient east-west service. B-2. Bus Service on Penn Avenue (Route 4E) and Lyndale Avenue (Route 4D) is looped through the 82nd Street Transit Hub. This enables uniform travel times for both routes and enables riders to use one bus to get from Lyndale to Penn (notably to the Best Buy Campus.) Both routes reconnect in Minneapolis at 50th Street and Bryant Avenue before heading north to the Minneapolis CBD. This provides regular bus service during the day on Lyndale Avenue that currently is not available. Service frequency on both routes will be 20 minutes in the peak periods and 30 minutes in off-peaks. This will enhance the redevelopment efforts at Lyndale Gateway at 76th Street and City Bella at 66th Street. Recommendation: Support this as improved service to Richfield. B-3. Bus Service on Nicollet Avenue (Route 18) is extended from 66th Street to 86th Street south of I-494 and ultimately ending at the Mall of America. This will result in increased frequency of service (every 10-15 minutes in peak hours and every 15 minutes in off-peaks) on Nicollet Avenue in Richfield and possibly increasing ridership in both directions throughout the day, similar to what happened on Route 5 when the Mall of America opened. Recommendation: Support this as improved service to Richfield. B-4. Bus Service on Portland Avenue (Route 5) remains basically the same. However, one trip to 77th Street and Chicago Avenue to serve the Richfield Towers apartment building will be eliminated. These elderly residents will be served by more frequent service on 77th Street using Route 541. Connections could then be made to any north-south bus route. No changes in service frequency are proposed. Recommendation: Support this as simplified service although service is slightly reduced. B-5. Route 538 Modified to Serve Richfield Service from Southdale to 98th Street and Lyndale Avenue in Bloomington provides limited service in Richfield along 76th Street from York to Penn Avenue and then south on Penn Avenue to Southtown Shopping Center. Riders desiring to travel to the Mall of America can board the Route 18 bus at Nicollet Avenue and 86th Street. Recommendation: This is a modified route that serves a small portion of Richfield with BE Line-style service to popular shopping destinations. B-6. Need for Richfield Circulator Bus Service The City's senior citizen bus service recently was terminated. Recommendation: The City is supportive of having a new circulator bus serving Richfield similar to the BE Line routes in Edina and Bloomington. Funding could come from the CMAQ Program. B-7. New Service to Southwest Bloomington (Route 544) This new shuttle service connects the Best Buy Campus to Normandale Community College and other points in southwest Bloomington. Unfortunately, it will only operate twice in peak periods and the proposed route is circuitous. Recommendation: Has the potential to improve access to Normandale Community College and other west Bloomington destinations. C. REDUCED OR DISCONTINUED SERVICE C-1. Route 15 on 66th Street east of 12th Avenue to the Veteran's Medical Center is discontinued. All Route 15 (now called Route 515) buses will use 12th Avenue (instead of Bloomington Avenue) to travel to the Mall of American but total travel time is reduced and frequency is doubled south of 66th Street to the Mall of America. Riders east of Bloomington Avenue will have longer walks to use the service. Riders to the Veterans' Hospital will take the new Route 515 bus to Mall of America and then take the Hiawatha LRT Route 55. Recommendation: Use the small (30-foot) buses to gain neighborhood acceptance of new bus service on 12th Avenue. C-2. Express Bus Service to the University of Minnesota The Route 52A express service to the University in peak periods will be discontinued. Students will take other routes to downtown Minneapolis and transfer to get to the University. This will add one transfer but also increase frequency of service. Total travel time may remain about the same. Riders may also head to the Mall of America and transfer to the new Hiawatha LRT Route 55 to reach the University. C-3. Express Bus Service from Mall of America to Downtown Minneapolis (Route 180) will be discontinued once the Light Rail Transit Line is operating. Some trips from Richfield could be made in less time on this express bus route. The new LRT Route 55 will add time to the journey. C-4. Bus Service to 62nd Street and Bloomington Avenue (Route 5G) will be discontinued. The current route only serves a small neighborhood on the Minneapolis- Richfield border. The plan will replace this service with Route 133 with its closest stop at 12th Avenue and 60th Street. Alternate service may be possible by rerouting Route 552 from Portland Avenue to Bloomington Avenue. Recommendation: Reduced service has little impact on Richfield. D. OTHER COMMENTS ON THE l~LAN D-1. Increased Spacing Between Bus Stops The plan calls for fewer bus stops to reduce total travel times, making the service increasingly attractive to riders. However, there are some bus riders who prefer the convenience of shorter walks to bus stops. It will be difficult to resist requests for additional bus stops. Recommendation: Support the increased spacing between bus stops to reduce total travel times. D-2. Handicapped-Accessible Buses All bus routes will be equipped to handle wheelchairs. D-3. New Bus Service on Different Streets The Plan calls for increased frequency of service and new service on different streets. This means the City should review the adequacy of proposed bus stops for bus landing pads for wheelchairs, sidewalk access, snow removal, bus stop signage and possible bus shelter locations, especially on 12th Avenue, 76th Street west of I-35W and 77th Street east of I-35W. Recommendation: New bus landing pads for wheelchairs, new bus stop signs, new sidewalks and new bus shelters may be needed along new bus .routes. The City has already completed a survey of all bus benches, bus shelters and sidewalks in the city including photos and placed the information on maps. D-4. Bus Shelters Requests for bus shelters continue. However, the modular shelters offered by Metro Transit do not look attractive nor do they meet the needs of Richfield. The new shelter on Penn Avenue in front of the Best Buy Campus is way too small and conflicts with the aesthetics of the campus. A request for a shelter on northbound Lyndale Avenue and 75th Street could be honored only if a collaborative effort with a private landowner is made to produce a drastically different bus shelter. A third shelter has been proposed on eastbound 66th Street in front of the Wood Lake Center. Again, a drastically different shelter is needed. Ridership should increase as service frequency increases. This will lead to increased demand for bus shelters throughout Richfield. Recommendation: New bus shelters should be designed to convey that bus riders are valued customers. New arrangements for shelter ownership and maintenance should also be explored. D-5. 66th Street and Portland Avenue Intersection The City is considering reconstructing this intersection to improve safety and reduce congestion. The current bus stops are poorly located and add to traffic congestion. Recommendation: The design of the new intersection should involve Metro Transit staff to provide up to four bus shelters. D-6. 66th Street and Penn Avenue Intersection Metro Transit staff and residents have asked for bus shelters at this intersection. The opening of Best Buy will increase ridership along Penn Avenue. Lack of right of way has limited the ability to install bus shelters. Recommendation: Explore possible sites for bus shelters given limited right of way. D-7. Improved High-Speed Bus Service On I-35W The plan should identify completion of transit stations along I-35W and extension of the I-35W High Occupancy Vehicle to downtown Minneapolis as essential to promote high-speed bus service in the I-35W Corridor. New transit stations are needed at 46th Street, 38th Street and Lake Street. ~, s ~. ~ ~ ~ . x ~ j ~, . .~ ~. 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(D 91 ~ S v ~ fL N ~ ,,. cn ~ ` ~ ~ ~ o Q~ ~ ~ z ~ ~ ~ ~ _i ~ m m < -~ m ~ N'4y ~ r a m ~ ~„ rn m y ~~ ~ r ~r t 3 N ~ ~ ~ v S = ~ O 7 n n • ~ ' ~, ~ s r~~, 4 ~~ ` ~ < n m c ~* ~' v ~ m - O 'z '~.~; `~ 's di ~ ~ ~p N rr ~ Q i ~ CQ cD (D -z N Q N ~ ~ ~ N. ~ ~ ~ v ~ ~ ~ o ~ ~ ~ n- ~ m D ~ ~ o ~ N ~ rt ' h F ~ r N ~ ~ rF S ~ ~ ~ C C < ~~ . ,y. ~ ~ _ ~ ~~ ~ ~ h ~ ~ ~ N C7 -r, O O O ~ -I ~ ~ ~ ~ < O `~ cn ~ O ~ ~ cn ~ O S < ~ ~ , O fp (O ~ C D ~ tin ~ ~ ~ ~ ~ _S ~ ~ ~ ~ ~ A ~ ~. W ~ ' CrtD v -I n ~ f+ m CD cD `~ O ~ O ~ _~ ~ ~ 7 p~ ~ ~, G rr c ~ (n ~ ~ G ~ O - O ~ O ~ ~ v Q ~ ~ S ~ _~ ~ 7 - r+ (~ S ~ N ~ A O (~ ~ Q cn ~ ~ rt. ~ _. v m : - O ~ ~ Q- - cD 7 lD ~ ~ ~ cn 3 p W \ ~ O v ~ ~ v O ~, ~ ~ ~ O ~ O O ~ ~ ~ ~ Q cD ~ v- ~ O_ (D ~ O C ~ ~ _ O v O rr X O ~ S -• ~ CD < ~ n rt 7 ~ ~ (p ~ ~' rt ' ~ _ X ~ O cn n• ~ S ~ ~ ~ (p ~G ~ c~ v O ~ (D ~ ~ ~• (D Q ~ X ~ ~ p ~ can ~ rr O rt lD N N 7 ~ O v m ~ ~ ~• ~ O f2 ~ ~ (D CD ~ (D ~ i V ~ ~ C O rr, O ~' Cp ~ W v.. '~ ~' S O < j O :. 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W n v ~ ~' ~, ~~-*, O N N ~. ,i: p' p cn O N ~ 7 N n O ~ v ~ ~ 7 ~- ~-r ~ N ~ ~ N N fD c7 ~ Q ~ Q ~ ~ ~ ~ • ~ ~ N (Q .v O C~ ~, v '+ h ~~ n O `~ ~~ O ~ D Q lD r+ ~, (D O < rt. lD S v O ~ <• p' `< O ~' ~ n ~ C ~ S fD ~ to O O y 7 7• fD O n '±• ~ ~ N rt~ r+ CO v S S rt y ~ A n v W ~ i ~ 3• ~ ~ ~ ~ ~ ° cQ a m o ~ ~ Q~ N O ~ ~ o -. ~ ~ ~ ~ _ ,G ~ - N ~ h• ~ n ~ O ~ `~ N cn n ~ ~ rt N i' ~ n ° 3 Q ° N ~. 4e ~ m ~ ~ `~ m o ~~_ ~ .. ~ ~. ~ s- ^^~ ~~k~•Fw ,may 6 ~~ ..; r . ~. , ;~~ °~.. >q~ ~~ ~: . ,, r ~ w~ ~ r ~ _ k. x~, _ " e. ~ ~ .y ~~ ~ ~ A ~ ~~ ~ ~ v ~~~ ". ~ '~ bra .~ ,.: ,. _. ~_ .. .. , - ,,. ° ` E e~ ii o l y vY ~ '~ ~ ~ ^ Y~r _ I ~tiF^ .. ~ '_~. ~,y Y 3 ~ 2 F 1~ i' fi ~~ ~ ~ r j ~ F fie. . ~ o 7~ 4 z 5 ~ '~"' -so..: ~~. ., ~ t5 r ` ~`Qan.tSMF.,, .., .,~ , ,.... ,.. ~A~, .~ ~ .F-... ~ ~F. c K ~ ~ ~ "_?~.. ~ ~ ~ ~ n v cn Q ~ < ~' ~ ~ ~ °+ cn ~ 7 ~ c ~ N S Q rt n ~ S N ~• n ,~'i. N N ,~'.~. ~' cn O (D ,+ ~ r-r O CQ S r+ C v, ~ << (D (D c ~ N rt O fi• N -t <n N N -O .+ ?' O• n N S ~ 7 O w ~ ~ ~ 7 ~ to N 7 cn ', v cD ~, rF N Q- ~ Q tOn N ~ ~ ~7 O rt - N N O S N N 7 'a O S O N N rr p S r~ ~ ~ N N rr N x a o m -~ m ~ v v s° s N m ~+ ~~~ n~^ o m m~ s '~ `~ ~ °+ ° 0 3• ~ o < 7 ~ '"F. `< N ~ fD O n ~ fD c7 ~ Q ~, r+ ~ ~ Q N ~, ~' ~ v ~ S ~ O N (D CO K O ~ ~ n S rt. N ~ ~ ~ ~< ~ ~ N ~ ~ ~ Q ~ ~ ~ O ~ ~ N - 7 cn ~ -, rr ~; `~ O Q ~ N ~ N ~ ~• ~ O ~ v ~ ~ Q ~ ~ -I rt ~ O ~ S rt. ~ ~ ~ rt ~' cD ~ ~ O ~ rt O -O cn ~ ~ (D v ~ ~ N p `G 7 N w lD ~ < '-r Q y ~. lD ~ ~ N ~ '+ lD ~ O N N rr• ''~' (D O ~ v Q Q 7r ~ (D ~ S O rt pp N ~~ G N CO O ~ (D N v y v N .Z7 rt ~ p O vi ~ O ~ ~ ~ • N S uNi Q v ~ ~? ~ 7 ~ 3 ~ '+ rt S r,S' ~ ~ -rt, N Q ~ N `< ~ • ~ v fD• rr 3, < (D ~ ~ ~ ~ 7 CQ ~ v N S vOi ~. _rt -_ Q j ~ Q ~• ~ N h• ~ N to rt. v ~ O Q O rt S O O ~ rt. O Q O N N ~ ~ 2 CO s<~ N Q- ~ r+ •+ cD ~ n~ ~ O fD S ~' O N 7 ~ cn . rr N N ~ S ~ ~. v ~ ~ rt ~ ~ ~- ~ O N f~~'1 ~ ~ ~ N N ~ ~ ~ v ~ S O v ~ rt ~ ~ N`'• ~< ~ rt ~ ~ ~ lND O Ort -I ~ (D ~' = ~ 7 ~ O ~ O S ~•+ ~ ~ (Q ~ C4 O H ~ ~ 7 ~; '~ ~ N .~'+ ~ ~ lD ~ ~ f+ ~ Ort Q n N - r+ Q O- ~ ~. r+ O ~ = ~ n ~ ~ 7 to N rr S 7 Q ~ ° ~ O_ ~ 7 ~ ~ ~ ~ ~' N Ort cD 7 CQ ? S C4 ~ ~ O O S N O fD n ~ '+ ~ ~ ~ N 3 y ~ h N ~ ~ '~-'~• N ~ v> K N ~,• N Ort ~ c'tn v ~ Q ~ ~ N ~ N ~ h O O O ~ ~ N ~-r (D fD ~ ''* S ~ ~ ~, 7 O ~' - rr S ~ v ~ N. ~ ~ j C (<p r+ ~ ~ y ~., O ~° N ~. D ~• o°~° ~ y° cQ o m ~. ~~ cQ y o• o x v v o m~ °- v 0 ~ ~ O ~• .0+ ~-r ~ ~ ~ O ~ ~ ~ l3D ~G (D N ~ ~ O ~ ~ ~' ~ rr ~ O y ~ O rrn• fp ~ fD 7 C1 Q < l'1 Q to ~ ~ v 3 v Q < 7 _ O ~ ~_ ~ O j 7 ~ 7 • ~ ~ N ~ N 7 ~; frtD ~ ~ O ,< <n CO r+, ~ ~ < N• ~• ~ t/~ (Q N ~ Q N (~ ~ (~ ~ rF ~ rF ~ Q Q ~ N rr ~ O rF n ~ ~ i ~ N ~ O O s ~ ~- ~ ~,.~ N ~ m ~ ,~ r ~ ~ -r O s v N . .+ . -r m o a q ~ • O N _ ~ ~ Ort N ~ ~ ~ ~ ~ ~ ~~ ~ a ~' O k O cD ~ ~ ~ ~ ~+ ~ lD ~ ~ ~ ' ~, ~~ m Q' ~~ a 3~ p rt' 7 n :N 7• N N v ~ N A 7 X N ~' A O fD rt. ~ ~ N S O N '~ ~ v~~~ co m a D ~ Q U O Co ~ p ~ ~ y v ~ n ~ ~ v 0 N ~- ~ O v e ~. ~ ~ ~ a.. to ~ _ ~ ~ ~ ~ ~ ~ T ~ N rt ~ ~ ~ w • ~ ~ ~ ~ ~ O v ~ ' v ~ y ~ CO ' o `" m ~ Q _ N O- ~^ (D ~ ' ~ ~ ' ~ O ~ ~ N ~ O tQ Q ~- ° s . + n ~ ~ ~ rt ~ ~ ~ ~ ~' ~ 0 rt N `< ~ ~ N ~ + ~ N N n O C 7 O ~ ' O O N ~ ~ ~ ~ v $ ~, c to N m ~ ® Z~ m ~ -0 O ~ N O , 'i cn _ ~ ~ p~ O O N ~ 3 rt N ,•+. ~ ~ N N E < N ~_ i:::= n o ~ ~~ o° ~ ~ N ~ ~ N ~ ~ c ~ ~ n O v ~ ~ ~ O rr ~ = ~• ~ ~ N N ro o s _ • ~ ~ ~ 9) O O ~ ~ ~ <n < ~ ~ N m N to + to ~ { '~ O ~ Q o- v ~ ~ B ~' ° s W w ~ rt O ~ ~ W N - Q- ~ Q ~ ~ '~' ~ .N p ~ ~ rt lD ' • `~' ~ . N ' to m c • ~ Q s m us " ~ o X p v ~ ~ ~ ~, c D fD 3 N ~ -~ p ~ ~ . ~ ~ Q ,~ o m O N ~ v -. ~ ~,, O ~ ~+ v ~ ~ v ~ m O '~ ~' X v ~ rt r~• N '~. ~ lD (D ~, N v Q v 7 rt ~ Q v N. S ~ (~ ~ ~ ~ N ~ ' j (D T ~• ~ ~ ~: X Q O ~ j v N ~ ~ ~O N j . ~ y Q - b ~ N n ' N ~ c4 Q 3• N ~ ~ ~ 7 ~ ~ O ~ ~ ~ fD. O C N y ~. Q 3• ~ ~ s v rh O ~ = ~ ~. O N ~ ~ r+ n lD rF j N N ~ 3 ~ ~. ~ Q 7 N r+ y ~ ~ ~• O: S S Q ~ ~ rat ~~' ~ ~ X~ O O~ v v ~ S h ~ rt +• ~ C '-'' 7 O N ~ 3• rt v S ~ . ~ r~r ~ ~ ~ ~ O `G ~ 7 - O ~ ~ O . ~ N ~ N ~ ro s ~ ~ ~ o~ a m _ ~ (D ~ ~ Q ~•r ~ 7 N < ~ S v N ~ S N ~ N (~ `~ N . ~ , '° ~ m ~- 0 N' . ~ ~ ~• ~ O rt D y ~ O n ~ rt ~ 3 ~ ~ 7 (D lD ..r. rt O ~ ~ N O . ~ ~, w ~ ~ ~• v O ~ N ~ v ~ N rt ( r+ ~ N rr N n ~ ~ O ~ , ~ ~ LT ~ ~ w ~ y p ~' v O -r W ~ '+ rt O ~ ~ ~ ~ O ~ - ~ N k ~ tQ o O ~ m o n ` ~ ~ ~ ~ `< N ' ~ ~ N In ~ T 7 3 7 ~ + Q v O -t~ ~ O_ ~ O ~ ~ ' N X ~ S ~ * ~ 7 (Q p . ~ s O C Q O O C ~ • r O ~ n . + . N y t!> ru ~ w m ~+ m v • s ,rs -O O c1 O ~ r2 r+ ~ ~• fD N lD O ~ • N rr S < N ~• ~ 9 r* lD lD .J !7• ~ = • 7 ~ ~ O ~ ~ v ~ 'a n_ o ~ ~ ~ O Q N n y v 3 ~ ~ n • ~• N ~ ~ N O • S ?. Q 3 Q . CO ~ ~ N to t•3n ~ ~ ~ 3 ~ r+ m O -Q ~ O < fD n ~ N ~ (D ~ 'rt rF N. rt ~ ~ v n ~ m ~ 7 N O ~ n - (D ~+ Q ~ ~ A p ~ ~ ~ w u' ~ ' ~ m `~ ~ ~' to n ~ ' to fl -+, ~ • ~ N ~ -z N ~ '•F ~ ~ 7 ~ lD O !D~ ~ ~ - N ~ v !D i _ ' 3 . -r t O ~~ ~ Q rt ~ (Q ~ ~ ~ N ' ~ N fD h ~ ~ (D ~ C to ' ~ ~ e-r , .r. Q O • N , N v < o ~ • N rt O Q ~, O rt Q ~ rt D v n~~ ~ `G N ~ ~ ~ ~ N ~ ~ ~ ~ O ~ y .~+, .+ ~ c N 6- Q N ' O". . . ~ ~ Q ~ O Cr v O ~ C C/3 ~~ '' w ~, o ! ~ N ~ ~ O ~ , ~` `~ -t ~. o v -~ ~ ~ ~ ® ~ ~ ® cp m ~ N S` 9 ~ ~ ~~ ~ ~ p ~ c m ~ ~ ~ ~ ~ ~ ~ o ~ ~ ,~ n ~ ~ ~ ~ gy ~ c~ ~ /~/q~ q~q~~ ~ ~ fi~ ~~~^yy ~ b.J.~ Q ~ ~ p ~ 4V / p ~ ~' P~ ii ay ^ ,, W y ~~ ~. ~ ~` ' ~~ l'D + 1 ___~ _. -- - ----~ O ~ ~ S m O ~' m ~ • fD ~ rat n ~ ~•F rt• °~ O fD rt O O N y• (<D K S ~ n N S ~ ~ v ~' n to ~. O O ~ ~ ~ ~ O ~ ~ Q ~ ~ S ~ ~ O ~ ~ ~ ~ Q C lD ~ n ~ N ~ y r+ v fD ~ (D N y Q v v ~ ~ ~ ~. aa~+• ~ y oo ~~~ oo D o W W Q 7 Q _ ~ N < ry+ f•~• O ~ (QC ~ ~ N ~ S- y rt N < rt. ~~ fl? O_ C) -O Q ~ ~ ~ O N O O`2 rt N O 3• ~~ ~ O n r'+ O n Q~ ~ N O 7 (Q Q~ N ~ O y Q~ N ~ v ~ N N O ~ ~ ~ t~A (D ~• O_ ~ O (D ~ N ~ ~ 3 N~~ O~ O O~ 3 N~ rat ~ ~ ~ ~ S S 7 ~. O Q O S ~ ~ ~ ~ ~ ~ N rF N ~. N ~, n p Q n c n ~ O `~ k v~ n h cn• ~~ vii ~ rN+ n ~ ~ S 3• <. ~ S ~ (p N ~ v ,tOn rt. lD ~ ~ fD ~ ~< vrti N Q O (p O ~ O N ~ O ~ -t, 3 ~ ~ N ~ Q ~ S ~ ~ N CO ~ N ~ ~ v~ lD ~ N N ~ 7 ~~ N O~ n S m Q -~ • ~• ~ N ~ ~ y ~ v (D fD lD ~ ~ < O ~ N N O. O ~ ~ ~ `G N rt ~ ~ () O~ S ~ (D ~ ~ ~ C ~ fOn ,~+ O • Q N - rr `G N ,rt rr ~ lD ~ ~ Q ~ O 7 ~ y ~ O S O_ ~ ~p ~p ~ N N • N ~-r ~ O rr a ~ N ~. ~ ~_* << _O S Q Q O~ Q Q 7 N• ~ ~ ~. (Q S O O N v ~' O .~+ n ~ 7 O Q ~ ~ ~ (Q ~ O cD (Q ~ Q v ~ • n ~ O 'O ' ~ ~ n n .-r O to r+ ~ y 0 ~ S C 7 O v 7 rr O ~ fi ~ y O• ~ ~ ~ Ort S fi ~ ~ l~~D ~ ~ O< h 0 ~ S N N~~ O ~. ~ Q~~ O ,3y. v ~ ~ ~ ~ ~ O N ~ N O O O. 0 3 rt~~ ~ 7 S _•r• O ~~ Q v ~ Q ~~.~. O rr O ~ N r+ ~ fD ~ - fD S N '~ v ~ ~ ~ ~ m ~, Q -t, n h° ~*. m~ s ~ lD ~ cn n y n'O ~ ~ -~ rt e n m v ~ n ~ ,_, ~ ~ ~ Q ~ p n v ~ n Q ~ n ~ D r ~ ~ m rt. o ~ ~' o ~ -o ao m o- ~ ;_:,, o ~- ~ _- o v ~,. v o ~+ ~ ~ m o ~ ~, ~ °o < ~ ~- ~. ~ 3 ~ Q m ~ v ~ o o ~ ~ ~ ~ m ~. ~ ~ 1'1'1 N. ~ ~ ~ ~. ~ ~ ~' ~ Q O ~• h. Z3 N ~ r-r ~ ~ ~ O O~ v Q' +• ~ N ~' ^ ~ ~ ~ r^r ~" ~. ~' r^+ ~ O O ~ rt ~ ~ ~ cQ ,-+' ^ ~ m ~ - ~< n v m ~' ~ ~ r+ 3 v ~*. c ~ ~ ~ ~ ° co ^ ~ <~ ~ o < v ~- ~ ~ '~ ~ ~ v ~ n m ~ ~ ~* ~ v ~ m m o ~ m N v ~ ~ ~ ~ ~ o cQ ~ ~ w ~• s ~ ~ ~ ;+ ~ - ~, CD lD Q O -O ~ ~ ~ N (D _S ~ ~ cn ~ < ~ N ~ ~ O ~ 'a ~ O_ -~ CQ ~ ~ v ~ N. 0o v ~ p ~ -NNi, ~ rt n ~ ~ O ~ ~ Q- ~-* c" (") ~ chD ~ ~ n ~ S ~' n ~ ~- ~ ~ ~ ~ O p ~ v ~ CQ ~ T. f^D ~ N ~ O N N ~ ~ ~ ~' O n ~ O to v' ~?• S ~ ~ N +• ~ ~ N p• ~ ~ n' ~ ~~ O ~-+ ~ ~ ~ ~ O ~ ~ O ~ . ~ v ~ rt ~ ~' ,~ -O C^D ~ ~ • W O rr• u~i 7 ~ • O CD ~ rt. .-+ ~ O ~ N ~ cn ~ ~ cn ~ ~ fD (D ~ O N v• m N ~ S O N ~ ~J ~ (D ,~ < c> ~' ~ ~ ~- ~ cn 91 rt ~ • 3 < n ~ O ~ v -I ~ ~^ ~ CD ''~' cn v N '~' ' ~ rr O r ^ ~ _~ n • ~ < ~ ~ ~' O ~ ~-F l"1 ~ N -+, ~ (D ~- ~ ~ ^ (D ~ ~ f-r O f+ rr ~- d O rt' iii .~_+ n N ~ N ~ ~. v O N ~' v' v v O O ~^ ~ ~ - (D .-r• ^ ~ ~ ~ Q ~ S v ~ ~ rr ~ v ~ ~ < c_n v ~ ~ ^ v rr ~ < (D v ~ O v ~, ,-+ O ~ O p ~ v 7 ~ v N ~' ~ ~ v ~ C4 Q N Q ~ • ~ ~ ~ rt' ~ v ~ ~ O ~ ~ ~ ~ O ~ S fl_ CQ r~-r ~ ~ ~ ~ ~ /~ 7 ~ r-r ~-, Cp ~ ~ O O X cn CD v (D to ~' CQ v N O p ~ N ~ O_ S O 07 fn lD n rr cQ O ~ v, ~ ~G n u~ ~ ~ O =~' ~ O vii Q- ~ '+ ~^+ ~ r ~ Cl • ~ n !iJ C fit, :~ ~ ~ O ~ ~ CD N ~ ~. -+, Q v ~ '~ ~ ~ ~ rr f-r -O n ~ ~ ~ O j N -z W ~ lD ~ CD ~ Ort ~• O_ v O O N CQ ~ (p fll ~ ~ ~ ~ CD ~ ~ S S v (D r-r v -hi f-r 7 3 O ~ '~ ~, ~ m~ v ~ ~ ~, v r* m o Q ~+ c N v m o ,~ o~ o r+ ~' ~+ v' m~~ ~ v ~ v ~ n ^ ~ o ~ ~+ ~ cn < c v m ~ ;+ cD ~. ~ < v c O pp v S v• • ii/ ~ ~ ~. N ~ o rt co ~ m o .~ ~ Q- +. ~ ~ ~ ~. s ~ `-' rt c`°n ° o. rt• ~ ~ v v ~ ~ Q ~„} ~, n lD ~ v ~ v n• v ~ S O o v n• O S 7' cn cn rr v -I ~ ~ ~' cn cD cn ~ ~< O ~ (D ~ ~ O : s C 7 - v~ ~p c cQ ~ '-r cQ cD cD ~ ~< cn CQ w ~G cD (.O O< ~ ~ ~ O_ rt v O v ~ ~ ~ ~• p• ~ v S ~ ~ <. O ~ rr N N ~ in• O v ~ O ~.. ~• ~ v p Q ~ n O O ~ Q ~ O ~ ~ v' ,~+ ~ Q ~ ~• ~ ~ ~ r+ S Q ~^ ~ O ~ N ~ ^O 07 ~ Q- ~ ~ ~ cD O '~ O ~ n ~ ~ CD ~ ~ ~ v ~' O cn ~ ~ ~ ~ (Q Q ~ in ~ O ~ -~I N O ~ in C ~ v ~ ~ v'• O ~ ~ N v• ~ ~ `< r=r ~ ~ Q Q ~ ~• (p ~ ~ Q ~ lp /~~ ~ U' O- ~ ~' v' N ~ ~ Q ~ ~ Q lD ~- N ~ ~ ^ cn O ^ O ~ O Q ~ v O ~ ~ ~ ~ imp p -~, 7 v O O p ~ (p ~ ~o /K~ CD ~ v ^ N 0 ~-, N O (D ~ O C<D ~ rt~ ~ v ~ v v ~ N ~ O O v V I ~ p vOi ~ urti h' N ~ `< O ~. Ort Q Q ~' f-r v ~ O. 2 ~ ~ n• 7 ~ ~ ~ ~ l~ ~ O N x ~. '<_ D ~ in ~ C~ 'O i ~ ~ ~ !- ~ _ ~ ~ Ti m' OD n, ('1 3 D D c O. Vi m- w~0 v N j ~ <. c v O c p S. ~ C.. O ~. ~ m rt -t m yC C p ( O rt r±. ~, 0. ? " m p n rt ~• C <• ~ ~ S t~i~ lD ~ [<D. O $ j ~ ~ 'may. ~ ~ Q. ~ ~ ~ v~' ~ ~ ~' n. m ,-~ o ~ p N~ m D D o -p m~ .•+ ~ x ~ ~' m m H m rp 3 ~~ c ~ ~,. ~ o ~ O ,-r to ~ ~ ~ ~• p ~ D N: ~ z ~ °~' D ~ v ~ Q o C7 O ~ ~ ~ ~• v ~ N ~ m n. 0• ro '^-": m N .~ m D° m~~ o v ~ i ~ N v ~~ cn ~ 3 y m~ "` ~ Q- ~ D w 3 0 3 ~ ~ o ~ .. o m v '. m ~ ,~ ~ ~ ~ ~ -I h ~ ,`^-, ~ ~ c D ~ T Z o D fl- oa ~ Z 3 -n m ~ ~ ~ o o, D r+'. c D ~ + ~ m O O ~ fn p- w W o~ W -a ~ N. N N S ~ O Q v ~ ~ C O ~ N C O x ~ v, O m 't '"'• 7 (Q "O ~ S .~ N n c ~ C7 v ~ -., N ~ _ s ~' ,_+, ~ ~ N < 3 ~ m -~ ~< v S ~ .. ~ ~. ~. ~' i ~ ~ Q ~ ~ Q ~ C4_. i o cQ ~ ,rt ~ . -~ ~ w m N v r+' v r+' r+ ~,, ~ m cQ m C ~* r+ ~ v (~ a r m c m ~ h N ~' 2 v O c ~ D -I ~ N ~ ~ ~-- S ~ 7 ,_+, to < ~ `G N O ~ ~ N O ~ ~.. ~ O N rt ~, O ~ p ~ ,_+• Q v -~ ~ N O ~ O v CQ C ~ .p D O ~ p p N O /7 O~ S N y~ fl? m 7 ~ O- n N S O ~ ,~+ lD ~ rr ~ Q- m~ O OO p _ .p v c ~ N ~ w _ rr .-r m Q O ~ - ~ m ~ v ~. N Q n ~o , W o o -a v a ~< ~ v <. v N m m m ~^. ~~ m s~ n m ~ N v ~, v~ h. ~~ ~ v ~.. ~, 3. ~ ~ O Q ~ s D Z ~ ~ cn ^• ^ ~ ,~....^ O.. ~-r ~-+~ ~;..-r ' rte,. v' c0 tD ~ n~ ~ ~-, `~ c ~' ~'n ~.<. p ~ uvi ~' ~ m n N ~ v ~ 3 ~ ~ _ ~~ ~ D v O O- m N `G O m ~ < vi -O. S m ~ ~ O rt ,-+ < ~ x n O-' ~, ~ n.. m ~... (Q N ~ NO ` rt ~ ~ ~ ~ ~ O ~ c0 m ~ ~,3 h 5..~ ~n ~.~ ~.~ m ~:~ ~ v ~ ~ O p m QO ~ ~ ~' ~ ~n O ~cQ ~ v ~ m ca °;. o o m cQ v v m ~ v ,-+ < v ^ ~ o ~ v - ~ a ,+ ~ m ~ ~ O D ~ rv ~, r+ ~ O (~ Q ~ ~ w ~ 2~ r+ ~ r+ ^•r+ v O v v S S ~ r-r N N cn ~ cp ~ rrT (Q S O rr cD O ~ m ^ m ~ O '< TI O ~ ~ ~ (D Q ,N C.. ~ p ~ ~ O. O ~ i.N fX_I v cn N p m ~ 7 ~ fD fD lD n O n ~ 91 f1 ~ ~ m G ~ (~ 7 'rt _ c ~• CQ f+ O_ Q ~ fp v '-}' rr ~ S ~ ~ in p ~. N rr v N ' ~ X s ~• N. O ~ ~ ~ ~ c rt ~ ~ O_ ~ ~ w ~ cn v• -O ~• Q v ~ ~ ~ v N ~ O v' ~ O ~ O- ~ ~ ~ v' p' O y 2 v to cp to (D v 4_ S O n v '+ v -°p N ~ ~ ~ ~ ~ ~, `` °- ~ `< ~ N ~ ~ o m < o ~ fD ~+ n v v ~ ° 3 Q ~ v ~ cQ c_ ~ n m_ Q m s rt ~ ..:~ .p v.. ~ O ,~ -O ~ O O ~ ~ n - -~ v N .+. ~ vi ~* rr O ~ ~ cn m `~ m N O N ~ ~ o O ~ ~ ~ ,~ ~, ~ ,N ~ v ~. ~ W Q n _ m ~ h v ~ ~ v N ~ ~ s I ~ ~ ~ ~ w N S . w ~ D ~ ~-+. m ~ ~ ~'. ~ ~ N ~. O c"*D z C7.. ~ ~~ vOi ~ ~ N N ~' v O `< N Q O~ O O ~ ~ ~ ,O-r S ~~! in Q ~ C N `~ ~ ~ D' ~° ~ o ~ v + ~ ~ o ° D ~ ~,a ~ I o ~• ~ ~ v ~ ~ N ~ ,-+ p o ~ m ~ ~ m ' ~ ~ Q N. Z ~ s O D m c4 _ ~ ~ ~ ~ ,-~ I O `< rr X• _+ v n ~• ~ ~ n ~ ~ p' v ~, m S D ~ ~ ~'.. ~ D O W N..~ ~'~..'~ 3 N (Q rt ~ i v ~ ~ ~ O_ CQ n ~ N N ~' O (np `G ~ ~ 'n y ~,,.'ti-• ~ '~ o v o=i ~ ~' ~~~ w D o~~ ~. ~ v l N rt N~ ^ c O n N o v s~ Q c N rr N +... C4 ~ _~. ~ + ~_ O' _6 ~ Q s ~ N s -6 ~ O ~ ,-+ O v O r-r ~ cD ~ O rt O _~ N N m m o ~ o O ~• m ~' n ~ ~ m ~ ~, ~ c N a o~ ~ N ~~ m C~ p v Q p `Z rr ~p O v 7 (O CD CO ~ ~ p ~ ~ OQ i S ~ cn lD ~ N rr ~~ ,D .~ Updates to the 2025 Transitways Map September 2002 As a result of state legislation and completion of transportation studies, on January 23, 2002, the Metropolitan Council updated its 2025 Transitways map as follows: "outhwest/Midtown Greenway/Kenilworth Con~idor :Shown as a ti~ansitway with "technology unspecified." Busway prohibited by state law west of TH 169 or in Kenilworth and Midtown corridors. - Cedar Avenue :changed to busway - Dan Patch Commuter Rail :removed from 2025 Transitways map - Riverview Corridor Busway :extended along Phalen Corridor and Maryland Ave. to White Bear Ave. and then north to Maplewood Mall. - I-494 Corridor :added as a busway from the airport to the Eden Prairie Transit Center - On September 25, 2002 the Council changed the name of the "Northeast" Busway to the "Rush Line" and the "Mpls East" to "NE Diagonal" ANOKA ,o /forth st d~, ~/ °rth~ ,6 ® WASHINGTON est ,o RAMSEY e o,~a .- ~ 3 HENNEPIN NE Di a°' :~ °' J ~~ 16 ~ 'l ~ ~ ® ~ , '12 ® ~ / I es~ ~ y, C~'ntrat 5~ ~ ~ec )6, I ~ Qx CARVER 1.494 ® ~° -~_... _: ~, a ® ~ ® DAKOTA ~°°,~ 16 D SCOTT ~ 6, - ~ ____.. Transitways on Dedicated Rights-of-way ~ LRT 2025 Plan ~ Busway -- ° ~ ° Busway -Alternative Downtown Connectors Twin Cities Metropolitan Area Commuter Rail ~~ Metropolitan ('ouncit ~ Transitway -Technology Unspecified ~~ nu~m~nb~,~m,^~~^~«<~,ti«~..~„c- ----• Transitway - Alternative Downtown Connectors