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01-14-03 agendaCITY OF RICHFIELD, MINNESOTA TUESDAY, JANUARY 14, 2003 SPECIAL CITY COUNCIL WORKSESSION COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. Call to order Roll call Discussion of mill and overlay assessment:policy Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:30 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open Forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others, Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Meeting of December 2, 2002; (2) Special City Council Worksession of December 10, 2002; (3) Regular City Council Meeting of December 10, 2002; and (4) Special City Council Meeting of January 2, 2003 PRESENTATION COUNCIL DISCUSSION Notes: CITY MANAGER'S REPORT Notes: AGENDA APPROVAL 1. Council approval of agenda CONSENT CALENDAR 2. Consent Calendar contains several separate items which -are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action. is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval.. A. Consideration of approval of resolution ratifying Stipulation of Settlement Agreement for 1820 East 66th Street (Parcel 25, BP Products North America, Inc., f/k/a Amoco Oil Company); 66th Street/Trunk Highway 77 Interchange Project S.R. No. 7 B. Consideration of approval of resolution establishing revised just compensation and authorizing purchase of apartment building at 6328 Cedar Avenue; Airport Noise. Acquisition Program. S.R. No. 8 C. Consideration of approval of first reading of amendment to City Administrative Code Section 310.31, Subd. 1 describing holidays granted to eligible fulltime employees S.R. No. 9 D. Consideration of approval of resolution designating City Manager Samantha Orduno as Responsible Authority to oversee City's government data practices and rescinding Resolution No. 8097 S.R. No. 10 E. Consideration of approval of new Toro Groundsmaster mower from MTI Distributing, Inc. for use by Park Maintenance Division in amount of $62,037.32 S.R. No. 11 F. Consideration of approval of new vacuum/hydro excavation unit from Flexible Pipe Tool Company for use by Utility Maintenance Division in amount of $56,942.36 S.R. No. 12 G. Consideration of approval of purchase of three new squad cars from Superior. Ford for use by Police Division in amount of $64,750 S.R. No. 13 H. Consideration of approval of bid minutes and tabulation and award base bid plus alternate #4 to Albers Mechanical Service to purchase and install HVAC improvements at City Hall/Public'Safety building in amount of $258,900 S.R. No. 14 I. Consideration of approval of temporary 3.2 percent malt liquor, itinerant place of amusement, itinerant food, and public dance licenses for Church of Assumption:. annual Sno-Ball event on January 25, 2003 S.R. No. 15 J. Consideration of approval of itinerant place. of amusement and itinerant food licenses for Richfield Visions, Inc. for Richfield Remodeling Fair at Richfield High School, 7001 Harriet Avenue, on January 25, 2003 S.R. No. 16 Notes: 3. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARINGS 4. Public hearing regarding resolution for Cluster Home Development conditional use permit to allow construction of-seven-unit townhouse project at 6833 and 6855 Penn Avenue Staff Report No. 17 Notes: 5. Public hearing regarding resolution for conditional.. use permit to allow public. mechanical garage to operate at 120166th Street East Staff Report No. 18 Notes: 6. Public hearing and second reading of transitory ordinance vacating alley right-of-way in 7600 block of Lyndale and Aldrich Avenues for Lyndale Gateway West redevelopment project Staff Report No. 19 Notes: RESOLUTIONS 7. Consideration of resolution for Highland Management Group request for permanent pylon. sign at Fountainhead Apartments, 761.1 Knox Avenue Staff Report No. 20 Notes: 8. Consideration of resolution authorizing amendment to Agreement No. PW 11-19-01 for construction, operation and maintenance of new traffic signals on Penn Avenue at 1- 494 and Best Buy entrance Staff Report No. 21 Notes: OTHER BUSINESS 9. Consideration of designating Council Member(s) to attend 2003 National League of Cities Conferences and N.O.I.S.E. Conference (deferred from January 2, 2003) Staff Report No. 22 Notes: 10. Consideration of Council liaison appointments for 2003 to various metropolitan agencies and City commissions Staff Report No. 23 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: 11.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: Other Business AGENDA ITEM # 10 REPORT # ~'~ J STAFF REPORT CITY COUNCIL MEETING JANUARY 14, 2003 REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASSISTANT NAME, TITLE REPORT PRESENTER: SAMANTHA ORDUNO, CITY MANAGER NAME, TITLE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of designating representatives to serve as 2003 liaisons to various metropolitan a encies and Ci commissions. I. RECOMMENDED ACTION: By Motion: Designate Council liaison appointments for 2003 to various metro olitan a encies and Cit commissions. II. BACKGROUND Members of the City Council serve as the City's representatives on various metropolitan agencies and City commissions. Each year, the Council appoints these representatives. This item has been placed on the January 14, 2003 Council agenda as requested by the Mayor. III. BASIS OF RECOMMENDATION A. POLICY • Each year, the City Council- appoints representatives. to serve as .liaisons on various metropolitan agencies and City commissions. B. CRITICAL ISSUES • The City needs representations on metropolitan agencies and commissions. 01141iaisons C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Defer the designation to a future Council meeting. V. ATTACPIMENTS • Liaison appointment list. VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • None. AGENCY 2002 LIAISON 2003 LIAISON ASSOC. METRO MUNICIPALITIES GERTRUDE ULRICH, REP. SUE SANDAHL, ALT. SOUTHWEST CABLE COMMISSION NOISE LEAGUE OF MINNESOTA CITIES RICHFIELD SCHOOL DISTRICT STOREFRONT/YOUTH ACTION I-35W SOLUTIONS ALLIANCE 494 CORRIDOR COMMISSION ADVISORY BOARD OF HEALTH COMM. SERVICES COMMISSION HUMAN RIGHTS COMMISSION PLANNING COMMISSION FRIENDSHIP CITY COMMISSION ARTS COMMISSION CELEBRATIONS COMMISSION RICHFIELD- COMMUNITY HUMAN SERVICES PLANNING COUNCIL JOHN ENGER, REP. STEVE DEVICH, REP. GERTRUDE ULRICH, ALT. SAMANTHA ORDUNO, ALT. SUE SANDAHL, REP. JOHN ENGER, ALT SUE SANDAHL, REP. SAMANTHA ORDUNO, ALT. SUSAN ROSENBERG, REP. JOHN ENGER, ALT. KATHY FARRIS, LIA. SUSAN ROSENBERG, ALT. SUE SANDAHL, REP. MIKE EASTLING, ALT. SUE SANDAHL, LIA. TOM FOLEY, ALT. MARTIN KIRSCH, LIA. SUSAN ROSENBERG, ALT. JOHN ENGER, LIA. SUSAN ROSENBERG, ALT. SUSAN ROSENBERG, LIA, GERTRUDE ULRICH, ALT. MARTIN KIRSCH,. LIA. SUSAN ROSENBERG, ALT: MARTIN KIRSCH, LIA. SUE SANDAHL, ALT. LIAISON ALTERNATE LIAISON ALTERNATE SUSAN ROSENBERG, REP. GERTRUDE ULRICH, ALT. (OVER) FOWL BOARD GERTRUDE ULRICH, REP. SUSAN ROSENBERG, ALT. RICHFIELD 2020 SUE SANDAHL ENTERPRISE FACILITATION BOARD GERTRUDE ULRICH AGENDA SECTION AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING JANUARY 14, 2003 Other Business 9 22 REPORT PREPARED BY: SAMANTHA ORDUNO, CITY MANAGER NAME, TITLE REPORT PRESENTER: SAMANTHA ORDUNO, CITY MANAGER NAME, TITLE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Discussion regarding Council attendance at 2003 National League of Cities Conferences and N.O.I.S.E. Conference deferred from Janua 2, 2003 . I. RECOMMENDED ACTION: By Motion: Designate Council. Member(s) to attend the March 2003 National League of Cities (NLC) Congressional Conference; July 2003 N.O.LS.E. Conference; and the December 2003 NLC Congress of Cities Conference (deferred from January 2. 2003). II. BACKGROUND Council Member Enger informed the City Manager last week that he wishes to attend the National League of Cities (NLC) Congressional Conference: in Washington, D.C. in March. Because the Council decided in 2002 that attendance at conferences should be rotated among the Council Members, this item is placed on the agenda so the Council .may consider the attendance for the three conferences in 2003. These conferences become especially important this year as federal policy issues affecting a wide variety of local government concerns will be on the congressional agenda. Like Minnesota, 45 other states are facing budget deficits and the information obtained at these conferences can be critical in dealing with- the difficult times ahead. 0114conferences Knowing which Council Member(s) will be attending each of the conferences will help staff with early registration and airline schedules. Council Member Sandahl requested this item be deferred to January 14, 2003 to permit additional time for review of schedules. III. BASIS OF RECOMMENDATION A. POLICY • The Council has determined that attendance at the NLC and N.O.I.S.E. Conferences is beneficial to the City's operations and long- range planning efforts. B. CRITICAL ISSUES • While the City faces potential and perhaps serious revenue reductions from the State, it is even more critical that the Council remains in the informational loop regarding congressional activities as it relates to airport/aviation activities, federal funds and homeland security issues. • Because the Legislature will be addressing the deficit issue, it is doubtful that State dollars will be allocated for airport mitigation in 2003 and 2004. It becomes even more critical to keep the City's airport impacts issue before our congressional delegation. C. FINANCIAL • The NLC Conferences are budgeted in the City's 2003 budget. The N.O.I.S.E. Conference is budgeted in the HRA 2003 budget. D. LEGAL • None IV. ALTERNATIVE RECOMMENDATION(S~ • Address this issue prior to each conference. • Decline to send Council delegates to any or only designated conferences.: V. ATTACFIlVIENT (S~ • List of conferences. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 2003 CONFERENCE REGISTRATION CITY COUNCIL National League of Cities Congressional Conference March 7-11, 2003 N.O.I.S.E. Conference July 16-18, 2003 National League of Cities Congress of Cities Conference December 9-13, 2003 COUNCIL MEMBER ATTENDANCE AT NATIONAL CONFERENCES 2001, 2002, 2003 CONFERENCE DATE LOCATION ATTENDEES NLC March 2001 Washington, D.C. Sandahl NOISE _ July 2001 Portland, OR Sandahl Enger NLC December 2001 Atlanta, GA Sandahl Enger Rosenberg Ulrich Kirsch NLC March 2002 Washington D.C. Enger NOISE July 2002 Providence, RI Enger NLC December 2002 Salt Lake City, UT Rosenberg Ulrich NLC March 7-11, 2003 Washington, D.C. NOISE July 16-18, 2003 Washington, D.C. NLC December 9-13, 2003 Nashville, TN 01/06/03 AGENDA SECTION: AGENDA ITEM # REPORT # ~- STAFF REPORT CITY COUNCIL MEETING JANUARY 14, 2003 Resolutions 21 REPORT PREPARED BY: JIM OLSON, PROJECT ENGINEER NAA~ Tirc,E REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR Nanrc, TiTLc DEPARTMENT DIRECTOR REVIEW: ~ ~~~ ~ 1,~------ REVIEWED BY CITY MANAGER:. ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution to authorizing an amendment to Agreement No. PW 11-19-01 for the construction, operation and the maintenance of the new traffic signals on Penn Avenue at I-494 and at the Best Buy Entrance. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution authorizing the Mayor and City Manager to execute the amendment to Agreement No. PW 11-19- 01. III. BACKGROUND ~ On June 11, 2001, Richfield City Council adopted a resolution approving the Hennepin County Construction Cooperative Agreement No. PW 11-19-01 for the replacement of the Penn Avenue Bridge at I-494. This agreement was between Hennepin County, the City of Richfield and the City of Bloomington. The agreement has provisions which layout the party's responsibilities for the construction, operations and maintenance of the traffic control signals on Penn Avenue at I-494. On October 8, 2002, Richfield City Council adopted another resolution approving the Minnesota Department of Transportation Traffic Control Signal Agreement No. 82378R. This agreement was between Mn/DOT, Hennepin County and the City of 0114AgreementAmend Richfield. This agreement also has provisions which layout each party's responsibilities for the construction, operations and maintenance of the traffic control signals at Penn Avenue and I-494. The provisions of this agreement modify and supplement the provisions of Agreement No. PW 11-19-01. The County and the Cities desire to amend Agreement No. PW 11-19-01 to include the additional provisions of Mn/DOT Agreement No. 82378R so that the two agreements are consistent. The changes are minor including salvage of signal equipment after its worn out. III. BASIS OF RECOMMENDATION A. POLICY • Both agreements are consistent with Mn/DOT's, Hennepin County's and the City of Richfield's policies on traffic control signals. B. CRITICAL ISSUES • It is desired to have consistent language between all parties for both agreements. C. FINANCIAL • There are no financial implications of this amendment. D. LEGAL • Alterations, variations, modifications and waivers of the provisions of Agreement No. PW 11-19-01 can only be made by written amendment signed by all parties IV. ALTERNATIVE RECOMMENDATION~S~ • None recommended V. ATTACHMENTS • Resolution authorizing approval of the amendment to Agreement No. PW 11- 19-01 Amendment No. 1 to Agreement No. PW 11-19-01 Agreement No. PW 11-19-01 Mn/DOT Agreement No. 82378R VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None expected RESOLUTION NO. RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE AMENDMENT N0. 1 TO HENNEPIN COUNTY AGREEMENT NO. PW 11-19-01 WHEREAS, the City of Richfield, the City of Bloomington and Hennepin County have entered into Agreement No. PW 11-19-01; and WHEREAS, the City of Richfield, the State of Minnesota Department of Transportation and Hennepin County have entered into Minnesota Transportation Department Traffic Control Signal Agreement No. 82378R; and WHEREAS, both agreements have provisions for the construction, operations and maintenance responsibilities of the signal on Penn Avenue at I-494; and WHEREAS, Minnesota Transportation Department Traffic Control Signal Agreement No. 82378R contains provisions that modify and supplement the provisions of Agreement No. PW 11-19-01; and WHEREAS, the City of Richfield, the City of Bloomington and Hennepin County desire to amend Agreement No. PW 11-19-01include the said additional provisions of Minnesota Transportation Department Traffic Control Signal Agreement No. 82378R. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Manager are hereby authorized to execute Amendment No. 1 to Agreement No. PW 11-19-01. Adopted by the City Council of the City of Richfield, Minnesota. this 14th day of January, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk Amendment No. 1 to Agreement No. PW 11-19-01 County Project No. 0021 County State Aid Highway No. 32 City of Richfield City of Bloomington County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT AMENDMENT THIS AGREEMENT, Made and entered into this day of by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Richfield, a body politic and corporate under the laws of the State of Minnesota and the City of Bloomington, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to collectively as the "Cities". WITNESSETH: WHEREAS, there exists in full force and effect Agreement No: PW 11-19-01, dated October 2, 2001, between the County and the Cities for the improvement of that portion of County State Aid Highway No. (CSAH) 32 (Penn Avenue) between 75th Street and 80th Street; and WHEREAS, the above mentioned improvement of CSAH 32 is part of a larger project which also includes the reconstruction of the CSAH 32/Trunk Highway No. (TH) 494 interchange and provides for the removal of the two existing traffic control signal systems at the north and south ramps of said interchange and the installation of a new single traffic control signal system at the interchange; and WHEREAS, the Minnesota Department of Transportation (Mn/DOT) has prepared a tri-party agreement between the City of Richfield, the County, and Mn/DOT, hereinafter known and referred to as Mn/DOT Agreement No. 82378R, for the installation and maintenance of the new signal system at the CSAH 32/TH 494 interchange; and WHEREAS, said Mn/DOT Agreement No. 82378R contains provisions that modify and supplement the provisions of Agreement No. PW 11-19-01; and WHEREAS, Mn/DOT has in effect a policy wherein agreements prepared by Mn/DOT do not include conditions which do not directly affect Mn/DOT; and WHEREAS, the County and the Cities desire to have these additional provisions reduced to writing for the purposes of clarification and additional understanding; and .. ~ Amendment No. 1 to Agreement No. PW 11-19-01 CSAH 32; C.P. 0021 WHEREAS, The parties hereto, therefore, desire to amend said Agreement No. PW 11-19-01 as hereinafter set forth: NOW THEREFORE, IT IS HEREBY AGREED: I The provisions of Mn/DOT Agreement No. 82378R shall supercede Articles XIII, XIV, and XV of Agreement No. PW 11-19-01 with regards to the new traffic control signal system at the CSAH 32/TH 494 Interchange. II The traffic signal controller that the County is to furnish in accordance with Mn/DOT . Agreement No. 82378R will be salvaged from the traffic control signal systems which are being removed as a part of the interchange reconstruction and shall be furnished by the County at no cost to the City of Richfield. III Except as provided herein, all terms and conditions in said Agreement No. PW 11-19-01 shall remain in full force and effect. (TLis space left intentionally blank) Amendment No. l to Agreement No. PW 11-19-01 CSAH 32; C.P. 0021 IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF RICHFIELD By: Mayor Date: Arid: Manager Date: CITY OF BLOOMINGTON sy: Mayor. Date: And: Manager Date• 3 ~ Amendment No. 1 to Agreement No. PW 11-19-01 CSAH 32; C.P. 0021 COUNTY OF HENNEPIN ATTEST: By: gy: . Deputy/Clerk of the County Board Chair of its County Board Date: APPROVED AS TO FORM: By: ' tant County Attorney Date: ~~ ~~~0 a' APPROVED AS TO EXECUTION: By: Assistant County Attorney Date: Date: And: Assistant/Deputy/County Administrator Date: And: Assistant County Administrator, Public Works and County Engineer Date: __ RECOMMENDED FOR APPROVAL By: Director, Transportation Department Date: -4 - ~~ ~ep~ ~ ~V 1119-01.~p_ .. County Proj ect'No. 0021 County State Aid Highway No. 32 City of Richfield City of Bloomington County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, Made and entered into this ~ day of ~~"'~ O_`"_ 2001, by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Richfield, a body politic and. corporate under the laws of the State of Minnesota and the City of Bloomington, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to . collectively as the "Cities". WITNESSETH: WHEREAS, the City of Richfield has entered into an agreement with the Best Buy Corporation for the construction of their corporate headquarters on a eight city block parcel adjacent to County State Aid Highway (CSAH) 32 (Penn Avenue) and Federal Aid Interstate: (FAI) 494. Said headquarters will be amulti-unit, multi-story facility which when complete will house 7,500 Best Buy employees; and WHEREAS, as part of said City of Richfield's agreement with the Best Buy Corporation, the City of Richfield has agreed to provide for the improvement of CSAH 32 and improved access to FAI 494; and _ WHEREAS, due to the increase in traffic that will be generated from said headquarters, the County agrees with the City of Richfield that it is desirable to bring about the improvement of that portion of CSAH 32 between 75~' Street and 80~' Street ,which improvement contemplates and includes grading, drainage, aggregate base, bituminous. pavement, concrete curb and gutter, retaining walls, utility improvements, signing and striping, lighting, traffic signals, bridge and highway ramping; and . WHEREAS, the above mentioned improvement of CSAH 32 lies within the corporate limits of the City of Richfield and the corporate limits of the City of Bloomington, and shall be identified as County Project No. 0021- (a.k.a. City of Richfield Projects Nos.. 40.1-30-521 and 401-30-513), also referenced and identified as S.A.P. Nos. 27-632-22, 157-02-21, 157-361-23, 157-010-04 and S.P. No. 2785-328, hereinafter. referred to as the "Project"; and WHEREAS, the City of Richfield will act as the lead agency for the Project and will enter into a separate agreement with the Minnesota Department of Transportation (Mn/DOT) for the aforereferenced improvement of CSAH 32; and _ -1- ~~~~ .Agreement No. PW 11-19-01 CSAH 32; C.P. 0021 WHEREAS, the City of Richfield has hired the Consultant firms of URS (BRV~ and SEH to prepare the necessary plans and specifications for the aforesaid Project; and WHEREAS, the City of Richfield has requested that the County approve said plans and specifications and the County has indicated its willingness to approve said plans and specifications; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes .1992, Section 162.17, Subdivision 1 and .Section 471.59. NOW'THEREFORE, IT IS HEREBY AGREED: I The City of Richfield or its agents at the sole cost and expense. of the City of Richfield, shall prepare the necessary plans, specifications, and proposal; shall advertise for bids for the work and.construction, receive and open bids pursuant to said advertisement and. enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder. Said plans and specifications shall be in conformance with existing practices, rules and requirements of Mn/DOT's Division of State Aid for Local Transportation. The contract will be in form and will include the plans and specifications prepared by the City of Richfield or its agents and approved by the. County, which said plans and specifications are by this reference made a part hereof. The City of Richfield shall also apply for, obtain, and comply with, at its sole cost and expense, all permits and approvals from all other governmental or regulator agencies as maybe required to accomplish the project. Said permits and approvals shall be obtained prior to the start of any construction. Copies of said permits shall be given to the County Engineer or its designated representative prior to the start of construction activities. II The City of Richfield or its agents will inspect the construction, perform the necessary materiel testing, perform the necessary.construction staking and document. the contract work contemplated herewith in accordance with the existing practices .and procedures required by the Mn/DOT's Division of State Aid for Local Transportation. The County Engineer shall cooperate with the City of.Richfield Engineer and his staff to the extent necessary and shall have the right to enter upon the job site at anytime to make any inspections. deemed necessary. . The City of Richfield will~prepare weekly progress reports as provided in the -2 _~i~+. FOR INFORIIIIATION ONLY Agreement No. PW 11-19-01 - CSAH 32; C.P. 0021 specifications. A copy of these reports will be furnished to the County: It is further understood that all aspects of public relations for the Project shall be the responsibility of the City Engineer for the City of Richfield. )~ The County agrees that the City of Richfield may make changes in the plans or in the chazacter of said construction-which aze reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner consistent. with the plans and specifications approved by the County. It is fiirther agreed by the County that the City of ~tichfield may enter into change orders or supplemental agreements with the City of Richfield's contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. The County shall have the opportunity to review and shall have the right to approve any proposed changes to the plans and specifications prior to the work being performed. The County further agrees that it will participate in the settlement of any claims from the City of Richfield's contractor that involve delays attributable to unreasonable delays in approval by the County for plan or specification changes deemed necessary by the City of Richfield Engineer or his staff. The amount of County participation in any such claims shall be commensurate with the percentage of delay directly attributable. to the County's actions. IV All construction costs on the Project shall be the responsibility of the City of Richfield and there shall be no cost to the County for said Project. V The City of Richfield or its agents, at its or their own expense, shall acquire all additional right of way, permits and/or easement required for the construction of said Project. The County will not participate. in the right of way and/or easement acquisition costs for said Project. Upon completion of the project, all permanent right of way acquired for CSAH 32 as provided herein shall be conveyed to the County with no consideration required. FOR tNFOR1111ATION ONLY ~ •. Agreement No. PW 11-19-01 CSAH 32; C.P. 0021 ..All records kept by the Cities and the County with respect to this project shall be subject to examination by the representatives of each partyhereto. ..VII The County reserves the right not to issue any permits for a period of five (5) years after completion of the project for any service cuts in the roadway surfacing of the County Highways included in this project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of anyexisting underground utilities. ' VIII Upon. completion of the construction contemplated herewith, it shall be the responsibility of the City of Richfield or its agents to prepare the as-built construction plans. The City of Richfield or its agents shall furnish the County with two (2) complete sets of as-built plans within 45 days of completion of said Project. If is understood and agreed that upon completion of any and all improvements proposed herein, all street lighting, water distribution system components, sanitary sewer systems, concrete sidewalk, bituminous walks, retaining walls, and all municipal street construction included in . said improvement shall be the property of the City within which they lie and .all maintenance, restoration, repair,. replacement or other work or services required thereafter shall be performed by the City of ownership at no expense to the County. It is further understood and agreed that all seeding or sod included in said proj ect shall not become the property of the County and all maintenance, restoration, repair. or replacement . required thereafter shall be performed by the City of ownership at no expense to the County. It is hereby understood that the County requires an operational clear zone behind the face of curb for storage of snow removed from County roadways. The Cities hereby agree that the Cities shall be responsible for the removal of any snow that. may be placed on the sidewalks and/or pedestrian bicycle paths within the operational clear zone, as a result of the County's snow removal operations on CSAH 32 within the limits of said Project. This paragraph is not intended to confer a benefit upon any. third party and the Cities decision to remove snow from the sidewalk and/or paths. shall be made by the Cities:m its sole discretion pursuant to its policy on removal of snow. and ice from its sidewalks and/or pedestrian bicycle paths and trails. -4 - FOR INFORIIIIATION ONLY Agreement No. PW 11-19-01 CSAH 32; C.P. 0021 X Upon completion of the Project the County shall, at its own cost and expense, retain ownership and maintenance responsibilities for those portions of the roadway storm sewer drainage system functioning as catch basins and associated lead pipes that are within or between the outermost curblines of the County roadways as well as those within the radius return limits of intersecting municipal streets. All other components of the roadway storm sewer drainage system, constructed as a part of this Project including but not limited to all trunk lines, and all existing or proposed drainage ponds, regardless of their location within County right of way, shall become the property of the city within which they lie and shall be maintained by_ each respective city. The Cities shall have the right to enter upon County right of way as necessary to perform all maintenance, restoration, repair, replacement or other work or services herein agreed to by the Cities. The Cities shall notify the County a minimum of 24 hours prior to the performance of any such work by the Cities which will affect traffic on CSAH 32. All questions of maintenance responsibilities that may arise shall be jointly resolved by each respective City's Public Works Director and the County's Operations Division Engineer. XI The City of Richfield agrees to defend, indemnify and hold harmless the County, its elected officials, officers, agents, volunteers, and employees from any liability, claims causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from any. act or omission of the City of Richfield, its subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they maybe liable for related to the ownership, maintenance, existence, restoration, repair or replacement of the City of Richfield owned improvements constructed as part of said Project. The City of Bloomington agrees to defend, indemnify and hold harmless the County, its elected officials, officers, agents, volunteers, and employees from any liability, claims causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney's fees, .resulting directly or indirectly from any act or omission of the City of Bloomington, its subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they maybe liable for related to the ownership, maintenance, existence, restoration, repair or replacement of the City of Bloomington owned improvements constructed as part of said Project... XII The City of Richfield or its agent shall notify the County a minimum of one (1) week prior to -5 - FOR INFORIIIIATION ONLY ~ ~. Agreement No. PW 11-19-01 ' CSAH 32; C.P. 0021 the date of any turn on of a traffic signal system installed as part of said Project. The County's Traffic Operations Engineer or his designated representative must be present at the time any signal. systems are turned on. -. The Countyhereby reserves the right to perform final inspection of said signal systems at the time of energizing and also the right torequire:any modifications prior to approving the systems for operation. No signal system may be placed in operation without approval of the installed system by ,the County. XIII . The Cities shall install, or cause the installation of an adequate three wire,120/240 volt, single phase, alternating current electrical power connection to the traffic control signals and integral street lights included in said Project at the sole cost and expense of the Cities. Further, the Cities shall provide the electrical energy for the operation of said traffic control signals and integral street lights at the sole cost and expense of the. Cities. XIV The Cities shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signals, however, nothing herein shall prohibit ' ..prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signals maybe directly involved in an emergency. XV Upon completion of this •Proj ect, the County shall thereafter maintain and repair the traffic control signal. systems installed as part of said Project including all components of the Emergency Vehicle Preemption (EVP), all at the sole cost and expense of the County. Further, the County, at its expense, shall maintain 110 volt power to the line side of the fuse in the junction.box of the 'signal poles for the integral street lights. The Cities, at its expense, shall maintain the fuse, the luminaire and the moire to the load side of the fuse in the junction box of the signal poles. . ~ The EVP Systems installed as part of said Project shall be installed, operated, maintained or removed in accordance with the •following conditions and requirements: (1) Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota'Statutes Chapter 169.01, Subdivision Sand 169.03. The Citieswill provide the County Engineer or his duly appointed representative a list of all such vehicles with emitter units. (2) Malfunctions of the EVP Systems shall be reported to the County immediately. _ 6 _ ~? L FOR INFORI111a4-TIDN ONLY Agreement No. PW 11-19-01 CSAH'32; C.P. 0021 (3) In the event said EVP Systems or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by the Cities of written notice thereof from the County, the County shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this : paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads and indicator lamps and all other components shall become the property of the County. (4) All timing of said EVP Systems shall be determined by the County. XVI Detouring of traffic from CSAH 32 will be necessary during construction of the Project. ' All traffic restrictions utilized on CSAH 32 shall be in accordance with the Minnesota Manual on Uniform Traffic Control Devices (]VIlVIIJTCD). The County will not be responsible for any repair costs of any roadways used as a detour for said Project. XVII Each party agrees that it will be responsible for its. own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof. The County's and the Cities liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City~of Richfield each warrant that they are able to comply with the foregoing indemnity requirements through an insurance or self-insurance program. The City of Richfield also agrees that any contract let by the City of Richfield or its agents for the performance of the work on County State Aid Highway No. 32 as provided herein sliall include clauses that'will: 1) Require the Contractor to defend, indemnify, and hold the County, its officials, officers, agents and employees harmless from. any liability, causes of action, judgments, damages, losses, costs or expenses including, without limitation, reasonable attorneys' fees, arising out of or by~reason of the acts and/or omissions of the said Contractor, its officers, employees, agents or subcontractors; 2) Require the Contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement; and 3) Require the Contractor to provide and maintain insurance in accordance with the following: 1. Commercial General Liability on an occurrence basis with Contractual Liability and Explosion, Collapse and Underground Property Damage (XCU) Liability coverages: _ ~ _ '~'~ FOR INFORf111ATION ONLY Agreement No. PW 11-19-01 ~~ CSAH 32; C.P. 0021 .. ~ Limits General Aggregate $1,000,000 Products--Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence -Combined Bodily Injury and ~ • . Property Damage $1,000,000 Hennepin County shall be named as an additional insured for the Commercial . General Liability coverage with respect to operations. covered under this Agreement. 2. Automobile Liability:. ` . ~ Combined Single limit each occurrence coverage or the equivalent covering owned, non-owned, and hired automobiles: ~ $1,000,000. 3. Workers' Compensation and Employer's Liability: . A. Workers' Compensation Statutory If the Contractor is based outside the State of Minnesota, coverages must apply to Minnesota laws. B. Employer's Liability. -Bodily injury by: Accident -Each Accident $100,000 Disease -Policy Limit $500,000 Disease -Each Employee $100,000 An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above subparagraphs establish minimum insurance requirements. It is the sole - responsibility of the City of Richfield's Contractor to determine the need for and to procure additional insurance which maybe •needed in connection with said Project.. All insurance policies shall be open to inspection by the County and copies of policies shall be submitted to the County upon written request. • XVIII It is further agreed that any and all employees of the City of Richfield and all other persons -8 - FOR INFORII~IATION ONLY Agreement No. PW 11-19-O1 CSAH 32; C.P. 0021 engaged by the City of Richfield in the performance: of any work or services required or provided for herein to be performed by the City of Richfield shall not be considered employees of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County.. _ It is further agreed that any and all employees of the City of Bloomington and all other persons engaged by the City of Bloomington in the performance of any work or services required or provided for herein to be performed by the City of Bloomington shall not be considered employees of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the. State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged. on any of the work or services prodded to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all-other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the Cities,. and that. any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and ,all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the. Cities. XIX In order to coordinate the services of the County with-the activities of the Cities so as'to accomplish the purposes of this Agreement, the Hennepin County Engineer or his designated representative shall manage .this Agreement on behalf of the County and serve as liaison between the County and the Cities. . In order to coordinate the services of the Cities with the activities of the County so as to accomplish the purposes of this Agreement, the respective City's Public Works Director or his designated representative shall manage this Agreement on behalf of the Cities. and serve as liaison between the Cities and the County. - 9 - ~!L FOR ~ tNFORI111ATION ONLY Agreement No. PW 11-19-O1 CSAH 32; C.P. 0021 XX ~~ It is understood and agreed that the entire Agreement between the parties is contained: herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof.. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions. of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto, The provisions ofMinnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this agreement as. though fully set forth herein. (This space left intentionally blank) -10 - FOR tNFORtIl1~4TION ONLY Agreement No. PW 11-19-O1 CSAH 32; C.P. 0021 IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as ~of the day and year first above written. CITY OF RICHFIELD OF RICHFIELD - By: ~~ Mayor ~ _ Date: ,,%~ j~>:~ ll . .~~' ~`~ j CITY OF BLOOMINGTON ~ By: Ma Date: Reviewed and ap roved by the City Attorney. ~w And: City Attorney Manage Date: - 11 - ~L FOR INFORM~4T~ON ONLY .Agreement No. PW 11-19-01 CSAH 32; C.P. 0021 COUNTY OF HENNEPIN' ATTEST:.. ~'~ . By. ~ "` ~ By: ,aa ,.~;n:,,ai ,~ ~, wa ~etsonally.,sig~kffie D /Clerk of the County Board Chair o~~tsa~dumrt~~~i~rtfi~ C1eFk of the Boas. Date• ~ ~ ~2~'3 / O / Date: 4 . ~ ana: ~ . APPROVED AS TO FORM: . Assistant/Deputy/County A i ' ator . B Date: s stant County Attorney - And: _~~ Date: ~P ~ Assistant Contra. Administrator, Public Works and County Engineer .Date: ~ -" `~-~I APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL. By: stant County Attorney Dire or, Transpo ation Department ! ~' ~ Date: ~.' ~ t. r.~ ~ Date: ~- -12 - FOR INFORt111ATION ONLY STATE OF MINNESOTA ) : COUNTY OF HENNEPIN) ss . CITY OF RICHFIELD ) I, Nancy Gibbs, being the duly qualified and acting deputy .clerk of the City of Richfield, Hennepin County, Minnesota, do hereby certify that the foregoing is a true and exact copy of Resolution 9050 And that the same is on file and on record in my office. Given under my hand and seal this 18th day of June, 2001. ~.o.~:^ ~ a . ~.,,, tiA. Deborah J. Guih~r Deputy City Cler City of Richfield Hennepin County, Minnesota FOR tNFOR1111ATION ONLY RESOLUTION NO. 9050 RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE HENNEPIN COUNTYROADWAY MAINTENANCE AGREEMENT NO. PW 11-19-01 - WHEREAS, the City of Richfield, the City of Bloomington, and Hennepin County have been negotiating to bring about improved traffic signals on Penn Avenue between 75th Street in Richfield to 80th Street. in Bloomington; and .WHEREAS, the City of Richfield and its .consultants have prepared the necessary plans and specifications for the .County Project No. 0021 and City Project Nos. 401-30-521 and 401- 30-513; and WHEREAS, the City has requested that the County approve~said plans and specifications and participate in the maintenance of said projects as they affect Penn Avenue (CSAH 32); and WHEREAS, the County has indicated its willingness to approve said plans and specifications and participate in the maintenance of said projects as they affect Penn Avenue (CSAH 32); and _ WHEREAS, it is contemplated the said parties under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and. Section 471.59 carry out that said work. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Manager are hereby authorized to execute Agreement No. PW 11-19-01 for the installation and maintenance of traffic signal system. improvements on Penn Avenue between 75th Street and 80th Street. Adopted by the City Council of the. City'ofRichfield, Minnesota this ,11th day of June, 2001. - \ i~ '~ Martin J. Kir ch yor ATTEST: - Nancy Gibbs City Clerk FOR INFORI1lIATION ONLY STATE OF NIINNESOTA • COUNTY OF HENNEPIN CITY OF BLOOMINGTON The undersigned duly qualified and acting City Clerk of the City of Bloomington hereby certifies that attached hereto is a true and correct copy of the original Resolution. No. 2001-52, a resolution approving the Hennepin County Construction Cooperative Agreement No. PW 11-19-01 between the County of Hennepin and the City of Bloomington. Passed and • adopted May 21, 2001. This resolution is on file in the office of the City Clerk, City of Bloomington, Minnesota. %~''~ . L. Woulfe, MC, City Clerk - Dated this 27th day of June, 2001. FOR. tNFORlIIIATION ONLY - - .. RESOLUTION N0.2001- 52 _ . RESOLUTION APPROVING THE HCENNEI'IN COUNTY CONSTRUCTION COOPERATIVE • AGREEMENT NO. PW 11-19-O1 BETWEEN.THE COUNTY. OF HENNEPIN AND THE CITY.OF ' BLOOMINGTON WfIEREA5, the City Council of the City of Bloomington is .the official governing body of the City of Bloomington; and. y~REAS, .the Agreement document PW 11-19-O1 establishes the construction .cooperative .agreement between the County-of Hennepin and the City of Bloomington covering the reconstruction of the County State Aid Highway (CSAH) 32 (Penn Avenue). and Federal Aid Interstate (FAI) 494; and WHEREAS, the City of Richfield has entered into. an agreement with the Best Buy Corporation for the construction of their corporate headquarters on an eight city block parcel adjacent to Penn Avenue and FAI 494; and ~ ~ ~ . . ; WHEREAS, as part of said City of Richfield's agreement with the Best Buy Corporation, the City of Richfield has agreed to provide for the improvement of CSAH 32 and improved FAI 494; and ` ..WHEREAS, the .City, of Richfield will act as the lead agency for the project and will enter into a separate agreement with. the Minnesota Department of Transportation (MnDOT) for the aforementioned improvement of the Penn Avenue/I-494 interchange; .and y~HEREAS, the. City of Richfield. and the City of Bloomington have entered into a separate agreement for cost participation in conjunction with the reconstruction of :the Penn Avenue/I-494 interchange; and yV1~F.RRAS, the reconstruction of Penn Avenue/I-494 interchange lies within the corporate limits of the City of Richfield and the corporate limits of the City of Bloomington; and WHEREAS, the City of Richfield has prepazed plans and specifications for the aforesaid project; and WHEREAS, the City of Bloomington understands and. approves the Agreement terms noting the cost sharing and maintenance assignments. ' NOW, TI-~REFORE, BE IT RESOLVED, by the City Council of the City of Bloomington in a regulaz meeting assembled to adopt this Resolution approving the Construction Cooperative Agreement PW 11-19-01 and authorize the Mayor to execute this Resolution on behalf of the City and Mayor. and the Manager to sign the referenced Agreement. BE IT FURTHER RESOLVED, that the City Clerk of the City of Bloomington is hereby directed to forward certified copies of this Resolution together with signed Agreement PW 11-19-OI to Mn Bruce Folaczyk, Hennepin County,1600 Prairie Drive, M ~ e 340-5421. .~c . Passed and adopted this 21~ day of May -~ Mayor ATTEST: ~'r' Secretary to the Council. FOR INFORtIIIATION ONLY RESOLUI'IONN0.2001- 52 The attached resolution was adopted by the City Council of the City of Bloomington on May21, 2001. ` The question was on the adoption of the resolution, and there were . " YEAS and . ~ NAYS as follows: ~- . ~ CITY OF BLOOMIl~TGTON COUNCIL MEMBERS: YEA NAY. 0~.~ ' Gene Winstead David Abrams / Nike Fossum ~/ Heather Harden Alisa Ornat i~ • Steve Peterson Vera Wilcox / • RESOLUTION ADOPTED. ATTEST: ~" A~~~ Secretary to the Council FOR. INFORMATION ONLY • t MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 82378R BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE COUNTY OF HENNEPIN . AND THE CITY OF RICHFIELD TO Remove the existing Traffic Control Signals and Install a new Traffic Control Signal with Street Lights, Emergency~Vehicle Pre-emption, Interconnect and Signing on Trunk Highway No. 494 Ramps at County State Aid Highway No. 32 (Penn Avenue) in Richfield, Hennepin County, Minnesota. S.P. 2785-328 S.P. 157-020-20 and 27-632-22 F.P. HPP MN 10 (102) County Project 0021 City Project CP401-30-521 Prepared by Traffic Engineering ESTIMATEL AMOUNT RECEIVABLE ~ AMOUNT ENCUMBERED Citv of Richfield 510.000.00. None Otherwise Covered PARTIES THIS AGREEN~NT is entered into by the Minnesota ~~ .Department of Transportation, (State) , and the County of ~ _ .. ._: _ _, Hennepin, (County), and the City of Richfield, (City). RECITALS Minnesota Statutes Section 161.20 authorizes the Commissioner of Transportation to enter into agreements with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway system. The parties desire to remove the existing traffic control signals and install a new traffic control signal including street lights, interconnect and signing (Traffic Control Signal} on Trunk Highway No. 494 Ramps at County State Aid Highway No. 32 (Penn Avenue). The City requests and the State agrees to the installation of an Emergency Vehicle Pre-emption System, (EVP System), as a part of the new Traffic Control Signal installation. It is in the public's best interest for the State to provide a new cabinet, (State-furnished Materials) for said new Traffic Control Signal. 82378R -1- It is considered in the public's best interest for the County to provide a new controller (County-furnished Materials) for said new Traffic Control Signal. The County, City and the State will participate in the cost, maintenance and operation of the new Traffic Control Signal and EVP System. CONTRACT 1. The City will prepare the necessary plan, specifications and proposal, (Preliminary Engineering). The State will perform all necessary construction inspection, (Engineering and Inspection). 2. The City with its own resources or by contract will remove the existing traffic control signals and install the new Traffic Control Signal and EVP System on Trunk Highway No. 494 Ramps at County State Aid Hi§hway No. 32 (Penn Avenue) pt:rsuant to the plan and specifications for State Project No. 2785-328, State Project No.'s 157-02.0-20 and 27-632-22, Federal-aid Project No. HPP MN 10 (102), County Project 0021 .and City Project CP401-30-521. The State's cost participation for the new Traffic Control Signal and EVP System for this project will be covered in the Municipal Agreement, between the parties. 82378R -2- 3. The County will furnish•the County-furnished Materials to be installed with the City work provided in .Paragraph 2, all at the cost and expense of the City. 4. The State will furnish materials to be installed with the City work provided in Paragraph 2. Estimated cost for the State-furnished Materials is $10,000.00. City's share is 100 percent. , S. Upon execution of this agreement and receipt of State's written request, the City will make an advance payment to the State of its share of the estimated costs as specified in Paragraph 3. 6. After the State determines the actual costs for State-furnished Materials, if the amount of the funds advanced by the City exceeds the City's share, the excess will be promptly returned to the City without interest. If the amount of funds advanced by the City is less than the actual costs, the City will promptly. pay the balance to the State. 7. The City will be responsible for the cost and application to secure an adequate power supply to the service~~pad or pole. Upon completion of this project, the City will thereafter pay all monthly electrical service expenses necessary to operate the new Traffic Control Signal and EVP System. i 82378R -3- 8. Upon completion of this project, the responsibility for the new Traffic Control Signal is as follows: ~a) The County will, at its cost and expense: (1) relamp the new traffic control signal; and (2) clean and paint the new traffic control signal, cabinet and luminaire mast arm extensions; b) The City will, at its cost and expense: (1) maintain the luminaires and all its components, including replacement of the luminaire if necessary; and (2) relamp the street lights; and c) The State will, at its cost and expense, maintain the signing and interconnect and perform all other new traffic control signal and street light maintenance, which all is to be performed by the County on a reimbursable basis. 9. The EVP System will be installed, operated, maintained, or removed in accordance with the following conditions and requirements: a) It shall be the Skate's responsibility, at its cost and expense, to maintain the EVP System which is to be performed by the County on a reimbursable basis. b) Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes Section 169.01, Subdivision 5. Authorized emergency vehicles 82378R -4- may use emitter units only when responding to an emergency. The .City will provide .the State's Assistant Division Engineer or his/her designated representative a list of all vehicles with emitter units. c) Malfunction of the EVP System must be reported to the State .immediately. ' d) In the event the EVP System or .its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after the City receives written notice from the State, the State may remove the EVP System. Upon removal of the EVP System pursuant to this Paragraph, all of~~its parts and components become the property of the City. e) All timing of the EVP System will be determined by the County's Traffic Engineer. 10. The County will maintain and keep in repair the new Traffic Control Signal and EVP System. The County will operate the new Traffic Control Signal and EVP System, including timing, as specified in Paragraphs 8 and 9. The County will 82378R -5- defend and indemnify the State from any claims arising out of the performance or non-performance of the County's obligations under this paragraph. The County's liability is governed by Minnesota Statutes Chapter 466 and other applicable law. 11. The County will invoice the State annually for the actual costs it incurs in maintaining and keeping in good repair the new Traffic Control Signal and EVP System, as specified in Paragraphs 8 and 9 excluding the following: Maintenance of the luminaires and all its components, including replacement of the luminaire if necessary; relamping the new traffic control signal and street lights; and cleaning and painting the new traffic control signal, cabinet, and luminaire mast arm extensions, assigned to the County or City by this Agreement. The invoice must be submitted, in quintuplicate to the State's Office of Maintenance - Electrical Section. The invoice must include a detailed itemization of costs and be'signed by a responsible County official, attesting to the validity of the expenses. Subject to State's approval of the expenses and encumbrance of funds, the State will promptly pay the invoice. The invoice,~~~and any supporting documents are subject to audit by proper State officials, for a minimum of six years. 12. All timing of the new Traffic Control Signal will be determined by the County's Traffic Engineer. 82378R -6- 13. Each party will be solely responsible for its own acts and omissions, and the results thereof, to the extent -authorized by law.- The State's liability is governed by the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736. Each party will be solely responsible for its own employees for any Workers Compensation Claims. 14. The State ,or the County may .terminate the terms and conditions covering maintenance and operation contained in Paragraphs 8, 9, 10, 11 and 12, upon providing 30 days notice to the other parties. The County's termination must be accomplished by a resolution of the County Board. The State's termination must be accomplished by a letter from Mn/DOT's Assistant Commissioner. Upon termination, responsibility for the Traffic Control Signal and EVP System will be as follows: a) The County will, at its cost and expense: (1) relamp the traffic control signal; and (2) clean and paint the~~raffic control signal, - cabinet and luminaire mast arm extensions; b) The City will, at its cost and expense: (1) maintain the luminaires and all its components, including replacement of the luminaire if necessary; and (2) relamp the street lights; and c) The State will, at its cost and expense, maintain the signing and interconnect and perform all other traffic control signal and street light maintenance. In addition, all timing of the Traffic Control 82378R -7- Signal and EVP System will be determined by the State, and no changes may be made except with the approval of the State. 15. Upon execution and approval by the County, the City and the State and completion of the construction work provided for herein, this agreement will supersede and terminate Agreement No. 71587, dated July 11, 1994, between the County, the City, the City of Bloomington and the State. " 16. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 17. If the State fails to enforce any provisions of this Agreement, that failure does not waive the provision or its right to enforce it. 18. This Agreement contains all negotiations-and agreements between the parties. No otiher understanding regarding t:_is Agreement, whether written or oral, may be used to bind either party. 19. Minnesota law governs this contract. Venue for •. all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 82378R -8- 20. This Agreement is effective on the date the State obtains all required signatures under 1-unnesota Statutes 16C.05, .Subdivision 2, and will remain in effect until terminated by written agreement of the parties. ', 82378R _ -9- COUNTY OF HENNEPIN ATTEST: . By .Deputy/Clerk of the County Board Date: APPROVED AS TO FORM: By: Assistant County Attorney Date: APPROVED AS TO EXECUTION: By: Assistant County Attorney Date: (County Seal) By : - -- Chair of its County Board ~~ Date: ~~ And: Assistant/Deputy/County Administrator Date: And: Assistant County Administrator, Public Works and County Engineer Date: RECONIl~NDED FOR APPROVAL: Rv Director, Transportation Department Date: This certifies that the signatories for the County have lawful authority, by virtue of . board resolution, to bind the County to the terms of this Agreement. 82378R -10- ~--, . SITY OF RICI~FIE~ APPROVED AS TO FORM: By: .City Attorney May°r Date: (City Seal) ~ City Manager Date: DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: Assistant Division Engineer COMMISSIONER OF ADMINISTRATION As delegated to Materials Management .Division By: Date: DEPARTMENT OF TRANSPORTATION By: Assistant Commissioner Date: . ATTORNEY GENERAL As to form and execution By: Date: ,, 82378R -11- RESOLUTION BE IT RESOLVED that the City of Richfield enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To remove the existing traffic control signals and install a new .traffic control .signal .with .street lights, emergency vehicle pre-emption, interconnect and signing on Trunk Highway No. 494 Ramps at County State Aid Highway No. 32 (Penn Avenue) in accordance with the terms and conditions set forth and contained in Agreement No. 82378R, a copy of which was before the .- Council. BE IT FURTHER RESOLVED that the and hereby are authorized to execute .such amendments, and thereby assume for and on of the contractual obligations contained CERTIFICATION State of Minnesota County of Hennepin City of Richfield proper City officers be agreement and any behalf of the City all therein. I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted=by. the Council of the City of Richfield at a duly authorized meeting thereof held on the day of 2002, as shown by the minutes of said meeting in my possession. City Clerk (Seal) ,~ AGENDA SECTION: Resolutions AGENDA ITEM # ~ REPORT # 20 STAFF REPORT CITY COUNCIL MEETING .TANUARY 14, 2003 BRUCE SYLVESTER, REPORT PREPARED BY: PLANNING & ZONING ADMINISTRATOR NAME, T/llJ: BRUCE PALMBORG, REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR v.-~~~~lE. ~~ll l.li DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for special approval from the City Council for a permanent pylon sign at Fountainhead Apartments at Knox Avenue and 76th Street. RECOMMENDED ACTION: By Motion: Approve the attached resolution for Highland Management Group's request for a pylon sign at the Fountainhead Apartments at 7611 Knox Avenue. III. BACKGROUND ~ The Fountainhead Apartments at 7611 Knox Avenue had aground-sign along 76th Street near Knox Avenue for many years. This sign was approximately 50 square feet in area and approximately 6 feet in height above the ground. The sign was erected directly in the ground on the south side of 76th Street and was visible to traffic in both directions on 76th Street. When 76th Street was widened and improved in 2001-2002, the right-of-way was expanded, and a portion of the Fountainhead Apartment property was taken. Due to the steep grade along the south side of 76th Street, a retaining wall was constructed, and the ground sign was removed. In order to once again have a sign that is visible to traffic in both directions on 76th Street, Highland Management, Inc., the owners of the Fountainhead Apartments, is requesting approval for a pylon sign that is 20 feet in height and 40 square feet in 0114-S pecial S ig nApproval area. While the actual height to the top of the sign will be 20 feet from the ground, the sign itself is only 5 feet in height and sits on fop of a 15-foot tall pole. The pole will be placed at the bottom (on the south side) of the 12-foot tall retaining wall, so from 76th Street only 3 feet of pole and the 5 foot tall sign will show over the wall. The Fountainhead property is zoned MR-3. In the MR-3 district, freestanding signs cannot exceed 24 square feet In area and 4 feet in height. Staff is recommending appproval of-the requested sign height because it allows the pproperty owner to essentially replace the sign that was lost due to the improvements to 76th Street, and because only 3 feet of pole and 5 feet of sign height will be visible over the retaining wall. Staff is recommending approval of the requested sign area because at 40 square feet, the proposed sl n is smaller than the approximately 50 square foot sign that was taken for~he road improvements, and because the area has changed significantly with the addition of the retaining wall and the Best Buy corporate campus to the west, so a larger sign is warranted to be visible to the public. III. BASIS OF RECOMMENDATION A. POLICY ._ • Richfield City Code Section 416.03, Subdivision 6 states "Ln the case of an application for a sign of unusual height or location, the manager shall refer such sign to the Council for approval. No permit for any such sign, so referred, shall be issued without first obtaining. the approval of the Council." B. CRITICAL ISSUES • There will be no negative impact on surrounding properties. • Public Works has reviewed the requested sign and found that it will not interfere with traffic signals or traffic control and circulation in the vicinity of the intersections of Knox and 76th Street. • Best Buy's corporate headquarters are located across.the street to the west. While the requested signs are larger than the City currently allows in the MR-3 district, they will not be over-bearing or out of proportion with the scale of buildings and properties in the vicinity. • In 2001, the City Council approved larger signs for the Century Court/ Crossroads at Penn Apartments at Penn Avenue and 76th Street. C. FINANCIAL • N/A D. LEGAL • The City Attorney has reviewed this request and supports the staff recommendation. ALTERNATIVE KECOMMENDATION(S) • Reject the motion .granting special Council approval for the requested sign at the Fountainhead Apartments. I V . ATTACHMENTS I • I:ILy (:OUrICII KeSOIUtIOn • Site Plan showing location of requested signs • Illustrations of requested signs VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Arlene Dixson, President, Highland Management Group, Inc. RESOLUTION NO. SPECIAL COUNCIL APPROVAL FOR A SIGN PERMIT REQUEST FOR FOUNTAINHEAD APARTMENTS AT 7611 KNOX AVENUE (HIGHLAND MANAGEMENT GROUP, INC.) WHEREAS, application has been made to the City of Richfield which requests special Council approval for signs of unusual height and location on land generally located at the Fountainhead Apartments, 7611 Knox Avenue, legally described as: The North 10 acres of that part of the Southeast Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota lying between the west line of the highway and a line parallel with and distant 170 feet east from the east line of the West 5 acres of said Southeast Quarter of the Southwest Quarter, except roads. WHEREAS, the City has fully considered the request for approval of the requested signs; and WHEREAS the proposed signs are reasonable and appropriate for their proposed location and purpose; and WHEREAS the proposed signs will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed- improvements; and WHEREAS the use will not have undue adverse impacts on the public health, safety, or welfare. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: Special Council approval is granted for a pylon sign, as described in City Council Staff Report No. 20, on the Subject Property legally described above. 2. This special Council approval is subject to the following stipulations: • All existing banner signs must be removed from the premise before sign permits can be issued. • Permits must be obtained for the sign included in this action before the sign is erected. Adopted by the City Council of the. City of Richfield, Minnesota this 14th day of January, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk nta\FOUNTNNNEMarea.Egn 08/07/02 01~52~~2 PM D O O v x m V m N z! [~ ~- O Z Gl < m z m o m O D m .. p OJ < m -< z m n v a: i 0 D o aomv© az i < `n afn n -- z x ncmc~~p N > A y O D m-1- A Em 2ND - ~ N O m 2 ~ C] l 9 ti 0 ~ ..~.. ' ~ O Z D y O Z ~ o - o x m ~ immmmp m o.~n - z o • ~ ~ mA zox A N zztn -SAO ommxmz ~ C x O N C 9 m -I O b 2 Z O O a -1 O W ~mzg izm .~ m o x ~ m~v~c N D mVNi y0 ~ m A xIN S AA ~~-am r ° ~ ~ in uzi~mm • - z o °zm" O g Dm y z p m D ~ _ ~ Om m r=im Ol O N~zO. [r Om Omm N ~ A A N T p' J<K vow m°m~ N -y °Z~` ~~a~ mm<g Z Nn0F O OmZ~ Age N C A N Z-1>~> m ADm' O ~~ Tl~;~ 2SZ100 OJTmO'' ON ~.A V ~~ O P N D O m O Z ~ (ISO Nm -+Nv w X > m a e N O N tD00 N O N O) O ~, 7 Z ~ ', m ADC; __, < O m ~ z . N ~~~ c ~~ z6,~ z ~ .~ z~~ ~-~ N z :n --i O ~~~ D n ~'-I -~ O c z ~~ D D z~ _~ mm D r o ~ D -+ • v. cn v. 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W I ti ~: y .. ,.. ..._.. . _... _. _~ ~_..___ Z _ __ ~ o , .r, _ x - v __ .._. _ _ ~ . ,_ __IIIIII~I~111111IlIIIIiIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIII(1IIIIIIIIIIII m 70 STALLS D r D ~ m ~ ~ m ~ ~ ~ o ,, , ~ D ~ ~ c ~ D r r^ D m ~ D m N r ~ m ~ m ~ m m m z ~ z z f II --I ~ W II .A ~ ~ ~ W ~ N N ~ ~ ~ ~ ~ -~ N C C O W W Z V 0o Q N W V W W H WaZ ao~"' Z~~ ~Q„n cur J ~ W V O oo-a O~=~ X ~" 3 0 W ~~ ~, Q ~~ a s a ~~ 0 ~_ F -d ~ a i s I I p i ~ I I II W I ~ I 4 i i~ Z ~ ~ I iii I D ~ < I 1 ;} ~ Z ~~ ~ ~ a ~ ~ ~ Z, p tN C ~ Q "O N s o Y rn =ate z =Z ~~ 3 ~ W\ W d ~~ ~ ~~ W 2 O ; =4q m ~~ ~ ~: ~~ a ' d ^Q ~•~ J t 3 r , O AGENDA SECI'fON: public Hearing AGENDA ITEM # 6 REPORT # 19 J STAFF REPORT CITY COUNCIL MEETING JANUARY 14, 2003 BRUCE SYLVESTER, REPORT PREPARED BY: PLANNING & ZONING ADMINISTRATOR NAMG, Ti~cc BRUCE PALMBORG, REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR NAME, T[TCc DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ~ ~<~~ _ , .L~~ ~ ~~~ _ ~ ITEM FOR COUNCIL WIV~iDERATION: Public hearing and second reading for a transitory ordinance vacating the alley right-of-way in the 7600 block of Lyndale and Aldrich Avenues for the Lyndale Gateway West redevelopment oroiect. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached transitory ordinance vacating the alley right-of-way in the Lyndale Gateway West project area. II BACKGROUND The Cornerstone Group is proposing to construct amixed-use development in the 7600 block between Lyndale and Aldrich Avenues. The Planning Commission reviewed the proposed mixed-use project at a public hearing on October 28, 2002 and the City Council approved the redevelopment proposal at its December 10, 2002 meeting. There is an alley in the development area that needs to be vacated for the development to proceed. 0114-AIIeyVacate-Gateway III. BASIS OF RECOMMENDATION A. POLICY With the Lyndale Gateway West development, the alley right-of-way will no longer be needed for its existing public purpose. B. CRITICAL ISSUES The developer needs to use the alley-area in the proposed mixed-use redevelopment. There are no City utilities in the alley area (no water, storm, or sanitary sewer lines) The Hennepin County Registrar of Deeds and Titles and all relevant utilities have received notice of this alley vacation request and have been asked to identify any electric or telephone poles or lines; gas or sewer lines; water pipes, mains, or hydrants; and any other cables or utilities in the alley to be vacated. Three utilities have responded by stating that they wish to maintain easements for facilities they have in the alley-way: Qwest, Xcel, and Time Warner Cable. The transitory ordinance provides for maintaining easements for these utilities. The City Council conducted a first reading of this transitory ordinance at its November 12, 2002 meeting. C. FINANCIAL N/A D. LEGAL Legal notice for the public hearing. and second reading. were published in the Sun Current on January 2 and 9, 2003. The following stipulations are included in the proposed resolution vacating the right-of-way: That the Cornerstone Group obtain control over all property within the development area before the alley vacation becomes effective; and That any existing easements that need. to be maintained or new easements that need to be created be established in the plat. IV. ALTERNATIVE RECOMMENDATION(S) I ueny the aney vaca~w~ ~. Refer the vacation. to the Planning Commission for further review although the Planning Commission is not required to review vacations. The Commission did review the final development plan for Lyndale Gateway. West and voted unanimously to recommend approval on October 28, 2002. ATTACHMENTS ~ Transitory Ordinance. Attachment A: Illustration of alley to be vacated VI PRINCIPAL PARTIES EXPECTED AT MEETING ~ N/A BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The following described land is subject to an easement for public right-of- way purposes ("Vacated Area"): The alley dedicated in the plat of GLEN'S ADDITION, lying southerly of the southerly right of way line of 76t" Street and northerly of the northerly right of way line of 77t" Street, Hennepin County, Minnesota Sec. 2: The City of Richfield has initiated the vacation of the Vacated Area. Sec. 3: The Cornerstone Group has proposed to acquire all of the property abutting the Vacated Area for a redevelopment project. Sec. 4: The Council finds that there are no City water main, sanitary sewer, or storm sewer facilities located within the Vacated Area and that the following private utilities are located within the Vacated Area: buried telephone cable (Qwest), telecommunications cable lines (Time-Warner), and overhead electric lines (Xcel). Sec. 5: The Council finds that, at such time that the Cornerstone Group has control over all of Lots 1 through 15, Block 1, GLEN'S ADDITION, there will no longer be a public need for a public alley within the Vacated Area. Sec. 6: Upon completion of the redevelopment of this block, all existing utilities will be relocated and any necessary utility easements will be dedicated in a plat that Cornerstone Group has proposed for all of Block 1, GLEN'S ADDITION. Sec. 7. The alley easement over the Vacated Area, as described in Section 1 of this Ordinance, is hereby vacated. Sec. 8: The vacation will be effective 30 days following publication. The City Clerk is directed not to publish this ordinance until the Cornerstone Group has produced evidence satisfactory to the CADDITION, Hennep n County, Minnesota and hlas re~orded a through 15, Block 1, GLEN'S plat that includes all of the properties in said Block 1. Passed by the City Council of the City of Richfield, Minnesota this 14th day of January, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk Y WEST ALLEY VACATION LYNDALE GATEWA ui Q U J Q ou T6TH ST. 77TH ST. Q 100 0 100 200 Feet OCTOBER 2002 AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING Public Hearing 5 18 JANUARY 14, 2003 BRUCE SYLVESTER, REPORT PREPARED BY: I~I,ANNING & ZONING ADMINISTRATOR NAME, TITLE BRUCE PALMBORG, REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for a Public Mechanical Garage conditional use permit to allow a public mechanical ara a to o erate at 1201 66th Street East. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached resolution for a conditional use permit to allow a public mechanical garage to operate at 1201- 66th. Street East. II. BACKGROUND Mr. Tom Christensen, owner of Exhaust. Pros at 1201 East 66th Street, is requesting a Conditional Use Permit (CUP).for his automotive exhaust repair business. The City approved a CUP for an auto-detailing business at this location in 1995 (to the previous owner). That CUP was never recorded, however, and. has since expired. On June 9, 1997, the City granted Mr. Christensen (the current property owner) atwo-year temporary CUP for a public mechanical garage. Stipulations included with the 1997 temporary CUP included: parking. lot improvements, landscaping, and painting the building. In 1999, several of the required improvements had been completed but the improvements to the parking.. lot, landscaping work, and dumpster enclosure.: were not. Due. to these incomplete :site improvements, on May 24, 1999 the City issued a second, three-year temporary CUP for the remaining site improvements to be completed. This second temporary CUP expired on July 24, 2002. Mr. Christensen has completed all of the requirements specified in the 1999 temporary CUP and is seeking a permanent CUP for his business. 0114-ExhaustPro.doc III. BASIS OF RECOMMENDATION A. POLICY Public Mechanical Garages are conditional uses in the C-2 district. The findings necessary to issue a CUP (546.05, subd.6) are as follows: a) The proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan. This requirement is met. The Comprehensive Plan calls for `Community Commercial' at this location, which is consistent with an automotive repair garage that would serve the surrounding area. b) The proposed use is consistent with any officially adopted redevelopment plans or urban design gu-delines. This requirement is met. There are no adopted redevelopment plans for this area. c) The proposed use is or will be in compliance w-th the performance standards specified in Section 541 of th-s code. This requirement is met. The site and proposed use have been reviewed by City staff and meet the performance standards specified in Section 541, including matters such as exterior lighting, off-street parking, landscaping, and the exterior treatment of buildings. d) The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. This requirement is met. The site had four drive- wayentrances in the- past-two onto 66th Street and two onto 12th Avenue, which caused traffic safety concerns. The two curb cuts- closest to the intersection of 12th Avenue and 66th Street were closed in 1996, greatly improving the safety of that intersection. e) The use will not have undue adverse. -mpacts on, the public health, safety, or welfare. This requirement is met. The primary concerns associated with public mechanical garages are noise, vehicle storage, and odors. The surrounding uses are primarily> commercial in nature, although two apartment buildings abut the property. During the 3 years since the most recent temporary CUP was issued, there have been 5 complaints to the City for this business, all of which regarded noise and/or vehicle storage. Staff recommends reminding the applicant that excessive vehicle storage (see. item #4 below...) and excessive noise are prohibited. Secondly, staff will document any future complaints to determine if noise or vehicle storage remain a problem. fl There is a public need for such use. at the proposed location. The. proposed use, as a public mechanical garage will provide a service that is needed by many people in the community. g) The proposed use meets or will meet all the spec-fic conditions. set. ` by th-s code- for the granting of such conditional use permit. This requirement is met, as explained below. "Public Mechanical Garages" are a conditional use in the C-2 district, as specified in Section 526.27, Subdivision 16 of the zoning: code. This section of the zoning code specifies 7 requirements for a conditional use permit to be issued fora "Public Mecharncal Garage''. The proposed mechanical garage meets 6 of the 7 requirements, as described below: 1. Buffer yards of a minimum size are required if the site in question abuts R or R-1 zoned parcels. The site in question does not abut R or R-1 parcels so this requirement -does not apply. 2. The s-te can not be located within 300 feet of a school, church, or hospital. This requirement is mef. 3. A 10 foot buffer yard is required on all sides. This requirement is met on the north, west, and east sides of the existing building, but it is not met on the south side of the building, where a 5 foot yard separates the existing building from the abutting property. While a 10 foot yard does not exist on the south side of the property, staff recommends that the permit be issued- nonetheless for the following reasons: 1) the existing building has been in its current location for at least 3 decades, 2) the existing apartment building on the abutting parcel to the south has been in its current location for at least 3 decades, and 3) the building has been used for automotive-related uses for at least 3 decades. 4. Vehicles which are inoperable can not be stored on the premises. This requirement is met. Of the 5 complaints this business has received m the last 3 years, 2 stated that too many vehicles were being stored on the lot. These 2 complaints did not state whether or not the vehicles were inoperable, and staff has not observed an excessive amount of vehicles on this site. Staff recommends that the applicant/owner be reminded about this requirement and that staff keep records of any future complaints and document the date, time, and number of vehicles to determine if this requirement is met. 5. Vehicles -can not be parked in the public right-of-way. This requirement is met. 6. Hours of the business are limited if the site is not located on a county road. The site is on County Road 53 (66th Street) and so this requirement does not. apply: However,. because the property abuts apartment buildings, staff is recommending that the hours of the business continue to be limited to no earlier than 8 a.m: and no later than 6 p.m. as was required with both of the temporary CUPs. Of the 5 complaints for this business. during the last 3 years, 2 stated that- work on vehicles. was performed after 6 p.m. Staff recommends reminding. the applicant/owner of this requirement and documenting any future complaints. to see if this requirement is met: 7. All repair work must be conducted inside the building. This requirement is met. $, CRITICAL ISSUES The Planning Commissionheld apublic hearing on November 25, 20.02 to consider this request: After hearing no opposition from the public and .considering he Staff Report and comments from the applicant, the Planning...Commission voted to recommend that the requested -CUP be granted. The Division of Environmental Health has received:. 5 complaints regarding. this business since the temporary CUP was issued in 1999. Three of the complaints regarded noise from the business (both during and after business .hours) and 2 of the complaints regarded the number of vehicles, kept on the site. As explained above, staff recommends that future-complaints be documented and researched to determine if the business is violating any of the requirements for the CUP or any City regulations. , C. FINANCIAL NIA D. LEGAL 60-DAY RULE: The. 60 dan Oct ber 29, 2002. The 60 dayrule application was: received o required a decision by December 28, 2002. Because there was only one Council meeting in December, staff informed the applicant that the 60 day deadline was being extended arcaddit~ona~60 nn~s, and a Zoning: C-2, General Commercial Land Use: Existin Public Mechanical Garage Proposed: Same Comp. Plan: Community Commercial Notification: Neighbors and property-owners within 350 feet Other Actions: Planning Commission: Reviewed and approved by the Planning Commission at its November 25, 2002 meeting. Stipulations of Approval: This. CUP at 1201 66th Street East-is subject to the following conditions in addition to those specified in Section 526.27 Subdivision 16 of the City's zoning code: That the recipient of the CUP record the City Council Resolution with the County, pursuant to Minnesota Statutes. Section 462.36, Subdivision 1 and Richfield Zoning Code 546.05, Subdivision 7. • That the hours of operation be limited to no earlier than 8 a.m. and no later than 6 p.m. • That no exterior overnight storage is allowed. That inoperable vehicles shall- not be stored on the premises with the exception of vehicles left for service or to be picked-up within 48 hours.. • That any neon lights be turned off when the business is closed. IV. ALTERNATIVE RECOMMENDATION S • Deny the requested`CUP to- allow a public mechanical garage to operate at 1201 East 66th Street. V. AT'TACHIVIENTS City Council Resolution Site Plan. VI. PRINCIPAL PARTIES EXPECTED AT MEETING Applicant: Mr. Tom Christensen RESOLUTION NO. RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR A PUBLIC MECHANICAL GARAGE BUSINESS AT 1201 66TH STREET EAST- WHEREAS, an application has been filed with the City of Richfield which requests approval of a Conditional Use Permit (CUP) for a Public Mechanical Garage on land generally located at 1201 66th Street East, legally described as: The north 'h of tracts A and G, Registered Land Survey #589. WHEREAS, the Planning Commission of the City of Richfield has recommended approval of this requested Conditional Use Permit at 1201 66th Street East at its November 25, 2002 meeting, and WHEREAS, this requested Conditional Use Permit at 1201 66th Street East meets those requirements necessary for issuing a CUP as specified in Richfield's Zoning Code, Sections 526.27 Subdivision 16 and 546.05, Subdivision 6, except as explained in Staff Report No. 18; and WHEREAS, the City has fully considered the request for approval of the Conditional. Use Permit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A Conditional Use Permit is issued for a Public Mechanical Garage, as described in Staff Report No. 18, on the Subject Property legally described above. 2. The Conditional Use Permit at 1201 66th Street East is subject to the following conditions in addition to those specified in Section 526.27, Subdivision 16 of-the City's zoning code: • That the recipient of the Conditional Use Permit record this resolution.-:with the County, pursuant to Minnesota: Statutes Section 462.36,. Subdivision 1 and Richfield Zoning Code 546.05,. Subdivision 7.; That the hours of operation be limited to no earlier than 8 a.m. and no later than 6 p.m.; That no overnight exterior storage is allowed; That inoperable vehicles shall not be stored. on the premises with the exception of vehicles ieft for service or to be picked-up within 48 hours; - and • That any neon lights be turned off when the business is closed. 3. The Conditional Use Permit shall remain in effect for so long as conditions. regulating it are. observed, and the conditional use. permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 546.05, Subdivision 9. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of January, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk EAST 66TH STREET-- _ ' •- 108.58- -- 22' 8' I ~ ~i EXISTING SIDEWALK ~ ~~ ~ m N EXISTING SOD ~ ~ -~f, 1 ~ ~ • i ~ ~ - m F m ~ ~ °' ~ - EXISTING PAVEMENT i 0 I r °c ~ ~ ~- ~ - 1201 EAST 66TH ST. 4 ~~_~~ ~ ' ' EXtST1NG m 1 ~ BUILDDNG N N ~ N 1380 SQ. FT. . _ ~ tO .~L _~ ,~~ ~ I - ~ ~~ 49'-4" 26' 63 -3 ~ 138.58' SITE AREA - 13,858 SQUARE FEET (~ ~ . ~~® 1201 E. 66TH ST. ,,, pLgNNiNG ~~~ ~,a~, z0 N~ NG scale -- AGENDA SECTION: Pu$.ic Hearings AGENDA ITEM # 4 REPORT # 17 STAFF REPORT CITY COUNCIL MEETING JANUARY 14, 2003 REPORT PREPARED BY: BRUCE SYLVESTER, PLANNING & ZONING ADMINISTRATOR NAME, TITLE REPORT PRESENTER: BRUCE PALMBORG, COMML]NITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for a Cluster Home Development conditional use permit to allow the construction of a seven-unit townhouse ro'ect at 6833 and 6855 Penn Avenue. I. RECOMMENDED ACTION: Conduct and close the pubkic hearing and by motion: Approve the attached resolution for a Cluster Home Development conditional use permit to allow the construction of a seven-unit townhouse project at 6833 and 6855 Penn Avenue. II. BACKGROUND Penn Place LLC is proposing to construct aseven-unit townhouse project in the northeast corner of 69th and Penn. The property is zoned `R'-Single Family. Residential and a townhouse developmenf requires a `cluster home development' Conditional Use Permit in the `R' district. The Richfield Zoning Code defines.- `Cluster Home Developments' as "A development- of three or more detached one family dwellings or a row, group, or cluster of attached one family dwellings. Dwelling units may be located on individual lots or on a lot in common." Penn Place LLC proposes. to build seven `for sale' attached townhouse units with rear courtyards and seven, two-car garages at the back of the site. (The garages are `detached' from the townhouses but are `attached' to each other along the rear property line.) The townhouses will be three floors, with 2 'h stories. above ground and a'h story below ground. Each floor will have 704 square feet of space for a total of 2,112 square feet per unit. 0114-PennPlace The HRA owns the site and has negotiated a purchase and redevelopment agreement with the developer which was approved at the November 18, 2002 HRA meeting. If the developer meets the preconditions of the purchase and redevelopment agreement, an HRA public hearing for consideration of the sale of the property to the developer would be held in early 2003. It should be noted for the record that a principal of Penn Place LLC is Mr. David Gepner, who is currently the chairperson of the Richfield Planning Commission. Mr. Gepner did not participate in the Planning Commission review of this requested Conditional Use Permit (CUP) and abstained from the vote for this item. III. BASIS OF RECOMMENDATION A. POLICY Cluster home developments are conditional uses in the R district. The findings necessary to issue a CUP (546.05, subd.6) are as follows: a) The proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan. This requirement is met. The Comprehensive. Plan calls for "high density, single family attached residential uses" `in this location. The Comprehensive Plan allows densities up to 15 units per acre, which is consistent with the proposal to build 7 units on the 'h acre (.5625 acre) parcel. (Volume 3 "Plan Elements", Part One "Land Use and Density, 1.1 "Residential" B "High-Density, Single Family".) b) The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. This requirement is met. There are no adopted redevelopment plans. for this area. c) .The proposed use is or will be in compliance w-th the performance standards specified in Section 541 of this code. This requirement is met. The site and proposed- use have been reviewed by City staff and meet the performance standards specified in Section 541, including matters such as exterior lighting, traffic and parking, landscaping, exterior treatment of buildings, dumpster enclosures, and stormwater management. d) The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. This requirement is met. The proposal will eliminate two curb-cuts onto Penn Avenue and replace them with one curb-cut onto 69th Street. The applicant has also met with the Public Works. Department to satisfy the City's storm-water management requirements. e) The use will not have undue: adverse impacts on the public health, safety, or welfare. This requirement is met. Additionally, the development will .provide some noise buffering for the single-family residential commurnty to the east. f) There is a public need for such use at the proposed location.. The proposed townhouses will satisfy the public needs to diversify the available. housing. stock. in the City: The proposal will also take two vacant parcels. and return them to the tax roles. g) The proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. This requirement is met, as explained below. "Cluster Home Developments" are a conditional use in the `R' district, as specified in Section 521.07, Subdivision 6 of the zoning code. This section of the zoning code specifies 6 requirements for a CUP to be issued fora "Cluster Home Development". The proposed townhouse development meets all of the requirements, as follows: 1. The design of the development must be compatible with the surrounding neighborhood. This requirement is met. The surrounding community is a mix of apartment buildings and detached single-family homes. A townhouse development of attached single-family homes will provide amiddle-option between these two existing styles of housing in the immediate vicinity. 2. Landscaping must meet City standards. This requirement is met. City standards for a development such as this one with 18,074 square feet (townhouses plus garages) require 26 trees of at least 3" caliper. The proposal calls for 86 trees to be planted, along with landscaping in courtyard areas in both -the front. and the -back of the units. There will be no signs other than address signs. 3. Two off-street parking spaces must be provided for each unit. This requirement is met. Each townhouse will have atwo-car garage. There will also be approximately 15 feet in front of each garage that is not part of the drive-aisle to accommodate visitor parking.. 4. A minimum of 500 square feet of outdoor open. space must be provided per dwelling unit. This requirement is met. Each of the townhouses will have a rear courtyard of approximately. 572 square- feet, plus front: yards of approximately 240 square feet. 5. The number and location of curb-cuts must m-nimize conflicts. This requirement is met, as explained .below under `Access'. 6. The density of the development must not exceed the density recommended in the Comprehensive Plan.. This requirement is met, as explained above under `a'. B. CRITICAL ISSUES Lot-Area. The zoning code requires Cluster Home Developments in areas designated as "high density, single family attached residential uses" by the Comprehensive Planto have a minimum lot area of 2,900 square feet per-unit (521.09, Subdivision 2): The proposed 7-unit development is on a 24,503 square foot parcel and'so provides 3,500 square feet of lot per unit. Lot Size. Cluster Home Developments require a 60 foot wide and 100 foot deep minimum lot size for the development. The proposed site is 184 feet wide and 133 feet deep (521..09, Subdivision 2). • Lot Coverage: The parcel is 24,503 square feet in area, or .5625 acres, and the proposed. buildings, including garages, will cover 8,218 square feet of the parcel,. or 33.5% of the lot; Maximum lot coverage for. cluster home developments in the `R' district is 35%(521..09 Subdivision 4). • Set-backs. Set-back requirements in a cluster home development apply to the perimeter of the development (521.11 Subdivision 7). The proposed townhouse development meets all set-back requirements for. cluster home developments in areas designated as "high density, single family attached residential .uses" in the Comprehensive. Plan. Specifically, the townhouses will be set-back 17 feet from the front property line (and 50 feet from the centerline. of Penn .Avenue as required in the zoning code), 12 feet from the street-side: side property line (along 69th Street), and 5 feet from the interior-side. side property line (the north property line). The garages-will be 3 feet from the rear property Ime and meet that set-back requirement, as well. (521.11 Subdivision 2). Hei ht. The height of the proposed- buildings is 25 feet, the maximum allowed in the `R' district (521.11 Subdivision 2). Access. Vehicular access to the site will be limited to one driveway onto 69th Street. This feature will improve safety on Penn Avenue by eliminating curb-cuts on Penn Avenue. The orientation of the garages will also eliminate any. impacts cars might have had if the driveway had been placed along the rear property line like an alley. Public Works and the Fire Department have also reviewed and approved the proposed parking lot layout. The Fire Department approval of the proposed parking lot layout is contingent upon the installation of sprinklers in the townhouses. • Dumpsters. The project will not have dumpsters; rather, residents will place trashcans on the curb for garbage removal each week. Staff is recommending that the townhouse owner's association be required to insure that the garbage cans are removed from the curb after each pick- • Unit Prices. The proposed- townhouses will be market-rate. This is in keeping with Richfield's goal to provide more market rate-housing choices given the fact that Richfield exceeds the Metropolitan Council's benchmark for the percentage of units that are currently affordable. Other Issues. • Planning Commission Review. The Planning Commission held a public hearing on November 25,2002 to consider this request. After hearing comments from the public and considering the Staff Report and comments from the applicant, the Planning Commission voted to recommend that the requested CUP be granted. Comments from the public included: the development should be detached units. rather than attached units, the new development might drain storm-water onto the adjacent: property owners, the new development is not compatible with the surrounding community,. the garages should be re-oriented,. and the new units won't be set-back from the street far enough. • Other Permits. The applicant will apply for a subdivision waiver to subdivide the parcel into seven separate lots. C. FINANCIAL N/A D. LEGAL • 60-DAY RULE: The 60 day clock `started' when a complete application was received on November 6' 2002. The 60-day rule required a decision by January 5, 2003. Because there was only one Council meeting in December,-staff informedthe applicant that the 60 day deadline was being extended an additionaF60 days, and a decision must be issued by the Council by March 4, 2003. • Zoning: `R', Single Family Residential • Land Use: Former: Two detached single-family homes Proposed: Seven attached single-family townhouses • Comp. Plan: High density; single family attached residential uses • Notification: Neighbors and property-owners within 350 feet Other Actions: Planning Commission: Reviewed and approved by the Planning Commission at its November 25;;2002 meeting.. HRA: At their November 2002 meeting, the HRA approved a Purchase and Redevelopment Agreement, which provides a level of commitment between the developer and the HRA, and sets forth the conditions for the future sale and development. A public hearing by the HRA for sale of the land will occur in the first quarter of 2003. Stipulations of Approval: 1. That the applicant submit and the City Attorney approve a copy of the "Declarations of Covenants, Conditions, and Restrictions" for the townhouse owners: 2. That the applicant apply for and receive approval for a subdivision waiver. 3. That the townhouse owners association for Penn Place insure that all garbage cans for the development-are removed from the curb after each garbage pick-up. IV. ALTERNATIVE RECOMMENDATION S • Deny the requested CUP to allow aseven-unit townhouse development at 6833 and 6855 Penn Avenue. V. ATTAC~IMENTS City Council Resolution Site Plan VI. PRINCIPAL PARTIES EXPECTED AT MEETING Applicant: Mr. David Gepner RESOLUTION NO. RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR A CLUSTER HOME DEVELOMENT AT 6833 AND 6855 PENN AVENUE WHEREAS, an application has been filed with the City of Richfield by Penn Place LLC which requests approval of a conditional. use permit for a Cluster Home (townhouse) Development on land generally located at 6833 and 6855 Penn Avenue South, legally described as: Lot 11, Block 9, Tingdale Bros. Lincoln Hills Second Addition and- Lots 10 and 11, Block 9, Wood Lake Highlands, subject to highway easement document number 4934264. WHEREAS, the Planning Commission of the City of Richfield has recommended approval of this requested Conditional Use Permit at 6833 and 6855 Penn Avenue South at its November 25, 2002 meeting;, and WHEREAS, this requested Conditional Use Permit at 6833 and 6855 Penn Avenue South meets those requirements necessary for issuing a CUP as specified in Richfield's Zoning Code, section 546.05, subd.6;, and WHEREAS, the City has fully considered the request for approval of the conditional use permit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A conditional use permit is issued to Penn Place LLC for a Cluster Home Development, as described in City. Council Staff Report No. 17, on the Subject Property legally described above. 2. This conditional use permit at 6833 and 6855 Penn Avenue South is subject to the following conditions in addition to those specified in Section 521.07 Subdivision 6 of the City's zoning code: • That the recipient of this conditional use permit record this resolution with the County, pursuant to Minnesota statutes section 462.36, Subdivision 1 and Richfield Zoning Code 546.05, Subdivision 7. • That the applicant submit and the City Attorney approve a copy of the "Declarations of Covenants, Conditions, and Restrictions for the townhouse owners. • That the applicant apply and receive approval for a subdivision waiver. • That the townhouse owners association for Penn Place insure that all garbage cans for the development are removed- from the curb after each garbage pick-up. 3. The conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 546.05, Subd. 9 Adopted by the City Council of the City of Richfield, Minnesota this 14th day of January, 2003. a in irsc , ayor ATTEST: ancy i s, i er C D rn n Q A X 0 A h O X y ~i D rn II 4 N W Ql Q -, N Q X y O rn C~ z O ~_ /~ n r rT~ TC V rn 70 `~` rn r Z i~ ~- ~, townhouses for David Gepner & Harold Teasdale 0 ~ PENN PLACE N 69th & Penn Avenue 8 Richfield, Minnesota 55423 ~~ :c e= 0o e++ m eaw TO a = 0 0D ao m~=~~ j ~ ~ W t/J r ~7 ~~ a a ? a N n 4 N rn ~_ O z CA D N r N rn ~_ O z C Z c m r~ CA -i rn r rn O z ~; ~~ 0 0 townhouses for David Gepner & Harold Teasdale PENN PLACE 8 69th & Penn Avenue Richfield, Minnesota 55423 n ~~ 0 ~Do D rn D N --I rn r rn ~_ O z ._ __ ~» ~~ tsov m ea en rn p ..~.... c wo ~ e ~ o0 - ~• - ,,, _ CO n ~ T~ w r ~ y ~ a • W fA r ~~ ~~ .. AGENDA SECTION AGENDA ITEM # REPORT # r STAFF REPORT CITY COUNCIL MEETING .TANUARY 14, 2003 Consent 16 REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ~~~ SIGNATU2E REVIEWED BY CITY MANAGER: ~ ~~1 ~ , ~~~ ~ (1 ITEM FOR COUNCIL CONSIDERATION: Consideration of a request by Richfield Visions, Inc., for itinerant place of amusement and itinerant food licenses, for the Richfield Remodeling Fair to be held January 25, 2003 at the Richfield Hi h School, 7001 Harriet Avenue. I. RECOMMENDED ACTION: By Motion: Approve the request By Richfield Visions, Inc., for itinerant place of amusement and itinerant food licenses for the Richfield Remodeling Fair to be January 25, 2003 at the Richfield High School. 7001 Harriet Avenue. II. BACKGROUND On December 31, 2002, Richfield Visions, Inc. applied for itinerant place of amusement and itinerant food licenses for the activities scheduled to take place at the Richfield High School on January 25, 2003. The Richfield Optimist Club will be handling all food concessions, serving such items as hot dogs, hamburgers, cookies, nachos, chips and soda. The committee has contacted food sanitarians from the City of Bloomington to ensure that proper food handling practices are followed. They will work with 0121 Remodeling Fair Bloomington sanitarians and follow their recommendations for safe and wholesome food handling. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of the City application process. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Deny the request by Visions, Inc. for itinerant amusement and itinerant food licenses for the Richfield Remodeling Fair. This would result in the applicant not being able to conduct activities, especially those concerning food preparation, on January 25, 2003. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A AGENDA SECTION: AGENDA ITEM # REPORT # r STAFF REPORT CITY COUNCIL MEETING JANUARY 14, 2003 Consent 2I 15 REPORT PREPARED BY: BETSY CxRISTENSEN, SUPPORT SERVICES DIVISION MANAGER NAME. TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ~ ~ T~° SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request by the Church of the Assumption for temporary 3.2 percent malt liquor, itinerant place of amusement, itinerant food, and public dance licenses for their annual Sno-Ball famil event to be held Saturda , Januar 25, 2003. I. RECOMMENDED ACTION: By Motion: Approve the request by the Church of the Assumption for temporary 3.2 percent malt liquor, itinerant place of amusement, itinerant food, and public dance licenses for their annual Sno-Ball family event. to be held on Saturday, January 25, 2003. II. BACKGROUND On December 9, 2002, the Church of the Assumption submitted a request for a temporary license to serve 3.2 percent malt liquor. They also submitted requests for itinerant place of amusement, itinerant food, and public dance licenses for January 25, 2003. All required fees have been submitted. Church of the Assumption will be serving such food items as sloppy joes, hot dogs, pizza, popcorn, and soda. They have contacted food sanitarians from the City of Bloomington to ensure that proper food handling practices are followed. They will 0114 AssumptionSnoBall work with Bloomington sanitarians and follow their recommendations for safe and wholesome food handling. This event will take place from 5 p.m. until 10 p.m. There will be a private crew on hand to address any issues that may arise. The City has previously issued similar licenses to the Church of the Assumption. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with the City codes pertaining to these licenses. B. CRITICAL ISSUES • The applicant will supply proof of liquor liability insurance for this event prior to January 14, 2003. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request. However, the Public Safety Department has not found any basis for a denial. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: Consent AGENDA ITEM # 2H REPORT # 14 J STAFF REPORT CITY COUNCIL MEETING JANUARY 14, 2003 REPORT PREPARED BY: RANDY HUGHES, OPERATIONS COORDINATOR NAME, TITLE REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR Nn~ TITLE DEPARTMENT DIRECTOR REVIEW: ~~ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of purchase and installation of HVAC improvements for Public Safety/City Hall. I. RECOMMENDED ACTION: By Motion: Approve the bid minutes and tabulation and award base bid plus alternate #4 to the low bidder Albers Mechanical Service in the amount of $258,900.00 to purchase and install HVAC imarovements at the City Hall/Public Safety building. ~ II. BACKGROUND ~ In October 2002, Council approved the purchase of engineering services from Wentz and Associates to write specifications for replacement of the failing air conditioning chiller, the obsolete Kewanee boiler and the controls for this equipment for the Public Safety/City Hall complex. Preliminary estimated replacement cost for these items was $275,000.00. This estimate did not provide any cost provision for the removal of asbestos. Wentz prepared specifications, the project was advertised and bids were received on December 3, 2002. Unfortunately due to an error in the bid process all bids were rejected and the project was readvertised and rebid. On January 6, 2003, new bids were received. The base bids plus alternate #4 were as follows: 0114HVAC Albers Mechanical $258,900.00 Area Mechanical $334,900.00 Boiler Services $289,746.00 New Mechanical $335,200.00 NSI Mechanical $296,600.00 McGuire $336,234.00 Cool Air Mechanical $303,300.00 Northern Air $339,000.00 U.S. Mechanical $304,660.00 Gen Con $341,000.00 Metropolitan Mechanical $306,586.00 It is the recommendation of the engineering consultant and staff that as part of this project the corroded steel water pipes from City Hall under the rear parking lot to the cooling towers next to the tennis courts be replaced (alternate #4). III. BASIS OF RECOMMENDATION A. POLICY • Albers was the lowest responsible bidder. B. CRITICAL ISSUES • In order to have this work completed by the 2003 cooling season, the contractor needs to be hired now. The fact that this project had to be rebid has made the construction. schedule very tight. C. FINANCIAL $150,000.00 will be taken from the Self-Insurance Fund, $100,000 will be taken from the Government Buildings budget and the balance will be from the Public Works Operating Fund ($8,900). • There will be additional costs associated with this project. We expect to spend approximately $15,000 for asbestos abatement, which would be a separate contractor. D. LEGAL • The bid opening held on January 6, 2003, was in accordance with legal requirements. IV. ALTERNATIVE RECOMMENDATION(S) ~ • Alternate numbers 1 and 2 were for the. use of other brand name chillers. Council may decide to use one of these other brands. Consultant and staff feel the base bid included the preferred chiller. Regardless of choice, the-low bidder would remain Albers Mechanical • Alternate number 3 provides for the use of a less expensive cooling tower. Consultant and staff recommend the tower in the base bid. Price differences did not prove to be significant and would not alter the selection of the low bidder. • Council may decide not to include alternate number 4. The low bidder would remain the same. V. ATTACHMENTS ~ • Bid tab sheet. ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ • None H N W Z Z JJ LL 2 LL H ~..~ M O O •~ N Q 0 Q. ~ ~+ O O O ~ ~ N m = (0 C N N O E C (6 O C 0 0 Uo -p O ~ N ~ O O Z 2 m O N L O 2r O N Y L r U L ~~~ U a ~ ~ rn~ ._~•~~ ~°oo ~ U ~ ~~~ ~~~ z ~ ~ ,, o m .Q .~ _ ~ ~ o ~ O U (6 = O U ~ N ~ ~ C L O ~ oU ~~.~ ~~~ ~ ~ (6 0 N ~ ~ o° •~ ~ N ~ ~ r Q = N N (0 ~ ~ C O Q U O O N C ~ ~ ~ '~ O ~ ~. 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Z p~ p~ Z a? ~,° U ~ ~ BOO U ..ro U -'-'o U -'-'°O U -'-'o U C N L O ~ O 'OO m O O "OO ~ O ~~ ~ O ~O O O ~O ~ O '00 OZ NO ~ O Z N(~ ~ N00 ° 00 ° 00 ~ 00 ~ a ~ ~ ~ ~ ~ ~ O -~ O O "O O O +, O U O O p O O O O f6~ ~° .O `p a m 'O~ ¢ 00 ~o ~~ ~O a~ ~O ao Z ~ o O a _ +.• N Z r- p r ~ ~- N Q ~} ~} Efl~ ~ ffl~ 6F} m O O O O O O O ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ m `n ° 0 ~ o ~ o o w o 0 0_ ~ rn oOO _ c°'o _ 0 0 ~ a`no m ~ ~ ~ ~ ~ ~ ~ ~ CU C O ~ In U C ~ N U ~ i U O (a U O c O ~ ~C ~~ U .,r uS N U U U ~ fa O ~~ U •~ ~ ~ Q 5`N N V ~ ~ ~ ~ i ` - ~ ~ ~ ca a~ ~ ~ 2 m 3 Z c Z o U Q C~ ~U C O U ~_ U M O O N d' r ~' ca ca a~ ~_ N N .~ C U (6 N (~ N .~ O 3 t u N U C O C C (6 a~ U U N I--- Y L _~ U U U ~_ U C (6 Z AGENDA SECTION: Consent AGENDA ITEM # 2 G REPORT # 13 J STAFF REPORT CITY COUNCIL MEETING JANUARY 14, 2003 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW REVIEWED BY CITY MANAGER: MARK HALL, GARAGE AND PARK MAINTENANCE SUPERVISOR NAME, TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of a purchase of three squad cars in excess of $50,000. I. RECOMMENDED ACTION: By Motion: Approve a purchase order to Superior Ford in the sum of $64,750 for three new squad cars. II. BACKGROUND Three full size sedans (Units No. 2117, 2118, 2119) being used by the Public Safety Department are scheduled to be replaced in 2003. The three squad cars currently in use were purchased in 2001. These cars will complete the changeover to all black and white patrol cars. These squads will now be part of our new three-year rotation, an experiment to see if keeping squads for an extra year is cost effective. Purchase of the new vehicles has been coordinated through the State of Minnesota Cooperative Purchasing Program. City staff checked with other cities, including St. Paul, and found that they also purchase Crown Victorias from the state contract. III. BASIS OF RECOMMENDATION 0114SQUADS A. POLICY - When the purchase of materials, merchandise, equipment or construction exceeds $50,000, authority to purchase shall be submitted to the City Council for consideration. • Superior Ford, Inc. has the state contract on the Minnesota State Patrol cars. • The City of Richfield participates in the Minnesota State Cooperative Purchasing Program. B. CRITICAL ISSUES • Approval at the January 14, 2003 Council meeting will facilitate delivery of the new squad cars. C. FINANCIAL • The approved 2003 budget contains $130,000 for this purchase. • Actual cost per marked squad car in 2002 was $21256, totaling $106,425 for the five cars. The actual cost per squad car in 2003 will be $21,535, totaling $64,750 for the three cars. • Two squads (Units 2120 and 2121) are being extended one year due to their low mileage and wear. These will be the first cars to fall within our three-year rotation thus reflecting our lower cost than budgeted amount for the year 2003. Upon delivery of the vehicles, charges for transfer of police equipment such as radios and logo applications will be deducted from the remaining funds budgeted for this purchase. • Funding for these vehicles will be equipment certificates issued in 2003. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Council may delay approval to a later meeting. Delayed approval, however, will result in delayed delivery. • No action by Council on this purchase will eventually compromise safety for police officers driving old squad cars. • Council could choose not to replace any cars this year. That would mean. we would need to replace five cars next year and five. cars in 2004 to go on a three-year rotation. Staff feels our fleet would be more reliable if we buy three cars this year, three cars next year and four cars in 2004. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: Consent AGENDA ITEM # 2 F REPORT # 12 J STAFF REPORT CITY COUNCIL MEETING JANUARY 14, 2003 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ~' ROBERT HINTGEN, UTILITY SUPERVISOR NanrE, Trrcc MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME', T/TLE ITEM FOR COUNCIL CONSIDERATION: Consideration of purchase for a new Vacuum/hydro excavation unit for use by the Utility Maintenance Division. RECOMMENDED ACTION: By Motion: Approve the purchase of a new Vacuum/Hydro excavation unit (Versa-Vac 1000PD) from Flexible Pipe Tool Company in the sum of $56,942.36 (Includes tax and trade in). III. BACKGROUND I Unit 361, a 1992 Trailer Mounted Vac-trailer is fully depreciated and is scheduled to be replaced in 2003. The old machine has less than half of the suction compared to when it was new. Purchase of a replacement has been coordinated through the State of Minnesota Cooperative Purchasing Program. Under this program., the State of Minnesota solicits bids from a variety of dealers for specific motor pool equipment. The low bidder for the type of equipment required is then awarded a contract to supply equipment to the participating members of the Cooperative Purchasing Program at the lowest possible price. The City of Richfield participates in this program. 0114Mower III. BASIS OF RECOMMENDATION A. POLICY • When the purchase of materials, merchandise, equipment or construction exceeds $25,000, authority to purchase shall be submitted to the City Council for consideration. • When the purchase price exceeds $50,000, competitive bids are required. The City of Richfield participates in the State of Minnesota Cooperative Purchasing Program, which is a competitive bid process. B. CRITICAL ISSUES • Approval at the January 14, 2003 Council meeting will facilitate delivery of the new Vac-trailer (Vacuum/hydro excavation unit). C. FINANCIAL • The approved 2003 storm water budget contains $60,000 for this purchase. • The replacement cost of this machine will no longer be collected by the motor pool. Future replacement will come from storm water utility. D. LEGAL • None IV. ALTERNATIVE RECOMMENDATION(S~ • Council may delay approval to a later meeting. Delayed approval, however, will result in delayed delivery. • Council may choose to deny approval and direct staff to obtain new bids for the Vac-trailer, however, staff believes the best price is available for the Vac- trailerthrough the joint purchase contract. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: Consent AGENDA ITEM # 2E REPORT # 11 STAFF REPORT CITY COUNCIL MEETING .TANUARY 14, 2003 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: !~ REVIEWED BY CITY MANAGER: /~ MARK HALL, FLEET AND PARK SUPERVISOR NAME, TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of purchase for a new Toro Groundsmaster mower for use by the Park Maintenance Division. I. RECOMMENDED ACTION: By Motion: Approve the purchase of a new Toro Groundsmaster 580D mower from MTI Distributing, Inc. in the sum of $62,037.32 III. BACKGROUND ~ Unit 365, a 1993 Toro 580D mower is-fully depreciated and is scheduled to be replaced in 2003. The mower is worn out. It operates only at slow speeds and the hydrostatic drive is in need of replacement. Purchase of a replacement mower has been coordinated through the State of Minnesota Cooperative Purchasing Program. Under this program, the State of Minnesota solicits bids from a variety of dealers for specific motor pool equipment. The low bid vendor for each manufacturer is then awarded a contract to supply equipment to the participating members of the Cooperative Purchasing Program at the lowest possible price. The City of Richfield participates in this program. 0114Mower A. POLICY When the purchase of materials, merchandise, equipment or construction exceeds $25,000, authority to purchase shall be submitted to the City Council for consideration. • When the purchase price exceeds $50,000, competitive bids are required. The City of Richfield participates in the State of Minnesota Cooperative Purchasing Program. B. CRITICAL ISSUES • Approval at the January 14, 2003 Council meeting will facilitate delivery of the new mower. • The Toro 580D has been picked over the Jacobsen HR-9016, due to its higher reliability and sameday or overnight availability of parts for repair. In addition, the City owns another 580D allowing for the interchange of spare parts. C. FINANCIAL • The approved 2003 budget contains $62,000 for this purchase. D. LEGAL • None IV. ALTERNATIVE RECOMMENDATION(S~ • Council may delay approval to a later meeting. Delayed approval, however, will result in delayed delivery. • Council may choose to deny approval and direct staff to obtain new bids for this vehicle. However, staff believes the best price(s) are available for the mower through the joint purchase contract. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: Consent AGENDA ITEM # 2D REPORT # 10 STAFF REPORT CITY COUNCIL MEETING .TaNUARY 14, 2003 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR NAME, TITLE STEVE .DEVICH, ADMINISTRATIVE ySERVIC S DIRECTOR NAME, E ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution designating City Manager Samantha Orduno as the Responsible Authorit to oversee the Cit 's overnment data ractices and: rescindin Resolution. No. 8097. I. RECOMMENDED ACTION: By Motion: Approve the. attached resolution designating City Manager Samantha Orduno as the Responsible Authority to oversee the City's government data practices and rescinding Resolution No. 8097. _ _ III. BACKGROUND I The Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, requires that the City designate an individual (the "Responsible Authority") to be responsible for collecting, using and disseminating. any. set of data on mdivrduals, government. data or. summary data on behalf of the- City, in compliance with the Act and other laws. Specifically, Minnesota Statutes Section 13.02, Subdivision 16 defines the Responsible Authority as an "individual". The Statute requires that the City's government data practices be reviewed annually. and updated as needed. Therefore, Resolution No. 8097 needs to be rescinded because the Responsible Authority must be a named employee of the City, not a position as designated in the previous resolution approved by the City Council on January 10, 1994. 0114datapractices Therefore, it is recommended that City Manager Samantha Orduno be designated as the Responsible Authority to oversee the City's government data practices. III. BASIS OF RECOMMENDATION A. POLICY • Minnesota Statute requires that the City designate a Responsible Authority to oversee the City's government data practices. • Specifically, Minnesota Statutes Section 13.02, Subdivision 16 defines the Responsible Authority as an "individual". Therefore, the Responsible Authority must be a named employee of the City, not a position as designated m Resolution No. 8097, approved by the City Council on January 10, 1994. B. CRITICAL ISSUES • The City Manager oversees all areas of City operations and the data associated with them, and is in the best position to be the Responsible Authority covering all the City's data practices. • As the Responsible Authority, the City Manager can designate Department Directors and other employees to carry out some of the Responsible Authority responsibilities. • As the Responsible Authority, the City Manager retains all responsibilities under the Act that are not specifically designated to other staff. C. FINANCIAL • None. D. LEGAL • Minnesota Statute requires that the City designate a Responsible Authority to oversee the City's government data practices. IV. ALTERNATNE RECOMMENDATION(S) ~ • The City Council may choose not to designate anyone as the Responsible Authority. However, this would- violate Minnesota Statute. • The Council may choose to designate someone other than City Manager Samantha Orduno as the Responsible Authority. However, that person may not be as familiar with all aspects of City operations. • Kesolution VI. PRINCIl'AL PARTIES. EXPECTED AT MEETING • None. RESOLUTION NO. DESIGNATING CITY MANAGER SAMANTHA ORDUNO AS THE RESPONSIBLE AUTHORITY FOR GOVERNMENT DATE PRACTICES WHEREAS, the City is committed to a policy of making public information available upon request, as well as safeguarding the privacy rights of individuals; and WHEREAS, aCity-wide data practices plan guides the City in upholding those commitments; and WHEREAS, the City is required to designate a Responsible Authority to oversee the City's government data practices and to enable the City to adopt an overall plan; and WHEREAS, the City Manager is in the best position to be familiar with all of the City's operations and the data associated with them, and can set policies and procedures; and WHEREAS, the Responsible Authority can designate Department Directors and other employees to carry out some of the Responsible Authority's responsibilities; and " WHEREAS, the Responsible Authority retains all responsibilities under the Act that are not specifically designated to other staff; and WHEREAS, this resolution rescinds Resolution No. 8097. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City. of Richfield, Minnesota that City Manager Samantha Orduno is hereby designated as the Responsible Authority to oversee the City's government data practices. Adopted by the City Council of the City of Richfield this 14th day of January, 2003. Martin. J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk J STAFF REPORT AGENDA SECTION AGENDA ITEM # REPORT # CITY COUNCIL MEETING JANUARY 14, 2003 Consent 2C 9 REPORT PREPARED BY: STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR NAME, TITLE REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: LJ ITEM FOR COUNCIL CONSIDERATION: First reading consideration of an amendment to the City Administrative code Section 310.31, Subd. 1 describin holida s ranted to eli ible fulltime em to ees I. RECOMMENDED ACTION: By Motion: Approve the first reading of the proposed ordinance amendment to the City Administrative Code Section 310.31, Subd. 1 providing holiday leave for eligible full time employees and schedule second reading for February 11, 2003. _ 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 Year's Day Presidents' Day Independence Day Veterans' Day The Friday after Thanksgiving City Manager designated holiday STEVEN L. DEVICH, ADMI~ST~ATIVE SERVICES DIRECTOR NAM& TITLE Martin Luther King, Jr. bay Memorial Day Labor Day Thanksgiving Day Christmas Day Floating Holiday (individually selected) 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 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 facilities. If the City Manager had the ordinance authority to designate the 12th holiday as the day after Christmas, offices would be closed and many more employees could spend the extended time with their families. The proposed ordinance amendment 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 Manager 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. C. FINANCIAL _ • The proposal should be cost neutral since there are no new .holidays being granted, only substituting one type of holiday for another. • With proper notice, the impact of closing the Deputy Registrar office for an additional day should be negligible. However, staff will monitor this issue. 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. • This ordinance affects employees not represented by a collective bargaining unit. For collective bargaining units, the collective bargaining agreement takes precedence. IV. ALTERNATIVE RECOMMENDATION~S~ • Leave the current ordinance provision as it is currently structured. V. ATTACI-IMENTS • 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; a-"^1°~; t"° c'c~° c{ :•:.".?c". c.".°!! .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 Cierk AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING JANUARY 14, 2003 Consent 2B 8 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ©~ NAME, T/TLE ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution establishing revised just compensation and authorizing the purchase of the apartment building located at 6328 Cedar Avenue (Airport Noise Acquisition Pro ram . I. RECOMMENDED ACTION: By Motion: Approve the attached resolution establishing revised just compensation and authorizing the purchase of 6328 Cedar Avenue Airaort Noise Acauisition Program). III. BACKGROUND ~ 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 that are, or will be, negatively impacted by airport operations. The City has identified 20 single family homes and two duplexes in the 6600 and 6700 blocks of 18th Avenue and seven apartment buildings on Cedar Avenue, north of 66th Street, for purchase. On October 8, 2002, the City Council approved just compensation of $616,000 for the apartment building at 6328 Cedar Avenue and authorized staff to begin negotiations to purchase the property. The property owners have made a counter offer of $641,000. JULIE URBAN, COMMUNITY DEVELOPMENT SPECIALIST NAME, TITLE BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR 1210-6344cedar The apartment tenants may also be eligible for relocation benefits. The relocation benefits will be calculated separately once an offer is made to the property owner in accordance with the Uniform Relocation Act. Attached is the resolution for City Council consideration. III. BASIS OF RECOMMENDATION A. POLICY • The City and MAC have identified this property for purchase for the Airport Noise Acquisition Program in accordance with the Agreement. • The property is within the 87dB contour. B. CRITICAL ISSUES • Approval of revised just compensation would enable the City to move forward with the apartment purchases. C. FINANCIAL • MAC staff concurs with the revised just compensation amount. • The counter offer is $25,000 or 4.1 percent, higher than the appraised value. D. LEGAL • Approval of revised just compensation would authorize the City's legal counsel to present a purchase agreement to the seller. • Tenants will be provided with a 90-day notice to vacate and a determination of relocation benefits following City Council approval of the revised just compensation amount. • Closing on the property would likely occur in February. The City will manage the building between the closing and such time that all tenants have vacated the property. • Failure to approve the revised dust compensation amount would delay negotiations and could result in higher costs. IV. ALTERNATIVE RECOMMENDATION(S) ~ • Delay approval of revised just compensation. • Do not approve revised just compensation. V. ATTACI-IMENTS • Resolution establishing revised just compensation and authorizing the purchase of property. ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ RESOLUTION NO. RESOLUTION ESTABLISHING REVISED JUST COMPENSATION AND AUTHORIZING PURCHASE OF REAL PROPERTY LOCATED AT 6328 CEDAR AVENUE 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 listed within Exhibit A 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 listed in Exhibit A; and WHEREAS, the owners of real property at 6328 Cedar Avenue have presented a counter offer to the City for the purchase of the property in the amount listed in Exhibit B; and 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; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the revised just compensation in Exhibit B is hereby approved. 2. That the City's acquisition/negotiation/relocation consultant, Conworth, Inc., is authorized to present a purchase offer of said amount listed in Exhibit B to the owners of real property listed in Exhibit A. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of January, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk EXHIBIT A Pro a Address Le al Descri tion 6328 Cedar Ave S Lot 3 and the North 40 feet of Lot 2, Block 3, Iversons 3rd Addition Together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, a urtenant thereto EXHIBIT B Pro a Address Settlement Offer 6328 CedarAve S $641,000 A~~i~:!~u-~ Si_crum: Consent AGI=NUA l rt_~,i ~ -- 2A--- REPOR't' # 7 STAFF REPORT CITY COUNCIL MEETING JANUARY 14, 2003 REPORT PREPARED BY: KATIA MEDVETSKI, REDEVELOPMENT SPECIALIST Nandc, T!"f'LL BRUCE PALMBORG, REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR NAME, Tll%,c DEPARTMENT DIRECTOR REVIEW: sl(iN 1 %'(//1/i REVIEWED BY CITY MANAGER: ~ ~ A ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution .ratifying a Stipulation and Settlement Agreement for 1820 East 66th Street (Parcel 25, BP Products North America, Inc., f/k/a AMOCO Oil Company) (66th Street /Trunk Highway 77 Interchange Project). I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution ratifying a Stipulation and Settlement Agreement for 1820 East 66th Street (Parcel 25, BP Products North America, Inc., f/k/a AMOCO Oil Company) (66th Street /Trunk Highway 77 Interchange Project). ~ II. BACKGROUND ~ The City acquired 1820 East 66th-Street (Parcel 25, BP Products North America, Inc., f/k/a AMOCO Oil Company) (BP Amoco) through aquick-take condemnation action in February 2001 for the realignment and expansion of the Trunk Highway 77 and East 66th Street Interchange. The property was used as a gas and service station that was operated under a franchise agreement between BP AMOCO and Robert Schlangen. The real estate and certain immovable fixtures were owned by BP AMOCO. Other fixtures were owned by Mr. Schlangen. This settlement, however, only deals with BP AMOCO and not Mr. Schlangen. 01146PAmoco.doc The "quick take deposit" made by the City with the District Court was $519,330 for real estate and immovable fixtures. This amount was paid to BP AMOCO, Colonial Auto, Inc., Robert Schlangen, and Schlangen Enterprises, Inc. The City's Attorney, Robert Lindall, a representative of the Metropolitan Airports Commission (MAC) and attorneys for BP AMOCO reached a settlement prior to the condemnation commissioners' hearings commencing. Under the Stipulation and Settlement Agreement (Agreement), the award of damages to BP AMOCO includes the taking of the real estate, BP AMOCO-owned fixtures, improvements, severance, construction-related interference, demolition and related expenses, relocation, loss of going concern, goodwill and appraisal fee reimbursement. The breakout of the actual amount for BP AMOCO is as follows: Principal portion of settlement amount $792,810 Less quick-take payment 519 330 Remaining principal balance $273,480 2001 interest at 6% judgment interest rate $ 13,983 2002 interest at 2% judgment interest rate $ 5,456 Appraisal reimbursement $ 500 Amount of payment to BP AMOCO on 12/30/02 $293,419 *Note that this amount is strictly BP AMOCO's portion. Mr. Schlangen as operator of the station was separately paid for tenant-owned fixtures by BP Amoco. One of the critical pieces of the settlement was the timing of the Agreement and the payment to BP AMOCO on or before December 30, 2002, all dates which fell out of the normal Council staff report processing schedule during the 2002 holiday season. Because of this, the MAC, as the agency funding this payment, agreed to the settlement without prior Council approval but with Council ratification after the fact. City staff concurred that timing was of the essence in order to come to a complete and final approval agreement with BP AMOCO. If payment was not made on or before this date, the Agreement would have become null and void. Other pertinent facts of the Agreement included the (a.) ability of BP AMOCO to enter the property to complete any environmental investigation and undertake any necessary clean up or remediation required by the Minnesota Pollution Control Agency; (b.) need for the condemnation commissioners to meet, approve the award in the amount agreed upon in the Agreement, and allow the appeal period to lapse; and (c.) City and BP AMOCO waive their rights to appeal the award as set forth by the condemnation commissioners unless such appeal is inconsistent with the Agreement or an appeal is brought by an interested party that is not part of the Agreement. In the event of an appeal by Mr. Schlangen, BP AMOCO agrees to indemnify and hold the City harmless from any claim or demand for just compensation asserted by Mr. Schlangen in such an appeal for any interest acquired by the City in this action. III. BASIS OF RECOMMENDATION A. POLICY • The subject property has been identified for purchase for the project. • The Memorandum of Understanding between the City, the Minnesota Department of Transportation (MnDOT), and the MAC, approved by the Council on February 28, 2000, outlines the responsibilities for each participating agency. • An agreement between the City and the MAC, dated February 28, 2000, allows the use of condemnation proceedings as a means of acquiring property. • In accordance with the agreement, the MAC is responsible for approving and recommending to the City just compensation and condemnation settlement payments with property owners, which they have done in this situation. B. CRITICAL ISSUES • Approval of the Stipulation and Settlement Agreement for the property with BP Products North America, Inc., f/k/a AMOCO Oil Company should essentially complete condemnation proceedings for this property. C. FINANCIAL • MAC is obligated to fund this transaction. • MAC has approved the final settlement amount. D. LEGAL • The Stipulation and Settlement Agreement between the City and BP Products North America, Inc., f/k/a AMOCO Oil Company has since been signed. E. TIMING • Making final payment to BP Products North America, Inc., f/k/a AMOCO Oil Company on or before December 30, 2002 was essential to completing the settlement transaction. If this was not done, the Agreement would have become null and void. IV. ALTERNATIVE RECOMMENDATION(S) • Do not ratify the final settlement amount. However, payment was made on December 30, 2002 per MAC's and City staff's approval of the City Attorney's recommendation. V. ATTACHMENTS • Resolution ratifying a stipulation and settlement agreement for 1820 East 66th Street (Parcel 25 - BP Products North America, Inc., f/k/a AMOCO Oil Company) (66th Street/Trunk Highway 77 Interchange Project) VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. RESOLUTION RATIFYING A STIPULATION AND SETTLEMENT AGREEMENT FOR 1820 EAST 66TH STREET (PARCEL 25, BP PRODUCTS NORTH AMERICA, INC., F/K/A AMOCO OIL COMPANY) (66TH STREET /TRUNK HIGHWAY 77 INTERCHANGE PROJECT) WHEREAS, the City of Richfield, Minnesota (the "City") acquired the property located at 1820 East 66th Street in eminent domain proceedings in furtherance of the 66th Street /Trunk Highway 77 Interchange Project (the "Project"), said property being described as follows (the "Subject Property"): Lot 1, Lot 13, and the South 50 feet of Lot 2, Block 1, Iverson's 3rd Addition, Hennepin County, Minnesota Together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto; and WHEREAS, the Metropolitan Airports Commission (the "MAC") is initially funding the Project; and WHEREAS, the City Attorney has negotiated a final settlement in the amount of $792,810 for the real estate, immovable fixtures, and other tangible and intangible goods and services, plus interest and appraisal fees, and WHEREAS, MAC staff was closely involved with the negotiations undertaken by the City Attorney and has approved the amount of the settlement in accordance with the Stipulation and Settlement Agreement (the "Agreement"). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the proposed settlement amount of $792,810 plus interest and appraisal- fees are hereby ratified; 2. That the MAC and City staff gave the City Attorney authority to enter into the Agreement in order to meet the terms of the Agreement in a timely manner and that these actions are hereby ratified; 3. That the City Manager and Mayor are authorized to take all. other actions necessary to complete the obligations of the City pursuant to its terms; and 4. That the City Attorney is authorized to take all actions necessary to complete the obligations of the City pursuant to the Agreement. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of January, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk