04-22-03 agendaCITY OF RICHFIELD, MINNESOTA
TUESDAY, APRIL 22, 2003
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 on April 7, 2003; (2) Special City
Council Meeting on April 7, 2003; (3) Special City Council Worksession on April 8, 2003;
(4) Regular City Council Meeting on April 8, 2003; and (5) Special City Council Meeting on
April 12, 2003
PRESENTATIONS
1. Swearing-in of Richfield Police OfFcer Curtis Graff and Police Canine Jordan
2. Presentation regarding emergency preparedness activities
3. Presentation of proclamation designating Sunday, May 4, 2003 as Earth Day in Richfield
COUNCIL DISCUSSION
4. Council Discussion
Notes:
AGENDA APPROVAL
4A. Council approval of agenda
CONSENT CALENDAR
5. Consent Calendar contains several separate items which are acted upon by the City
Council in one motion. Once the Consent Calendar has been approved, the individual
items and recommended actions have also been approved. No further Council action is
necessary. However, any Council Member may request that an item be removed from
the Consent Calendar and placed on the regular agenda for Council discussion and
action. All items listed on the Consent Calendar are recommended for approval.
A. Consideration of approval of resolution providing for sale of $6 million General
Obligation Tax Increment Bonds, Series 2003, and accepting tax increment pledge
agreement between City of Richfield and Richfield HRA S.R. No. 89
B. Consideration of approval of resolution authorizing off-street parking permit at 2409
West 66th Street S.R. No. 91
C. Consideration of approval of resolution declaring adequacy of petition for vacation of
right-of--way; and first reading of transitory ordinance to vacate right-of--way and
schedule public hearing and second reading for May 27, 2003; 6500 block of Xerxes
Avenue S.R. No. 92
D. Consideration of approval of first reading of franchise ordinance and agreement with
Centerpoint/Minnegasco allowing and setting terms for Centerpoint's use of City
right-of--way and setting public hearing and second reading for May 27, 2003 S.R.
No. 93
E. Consideration of approval of amendment to agreement between cities of
Bloomington and Richfield to provide community health services for 2003 S.R. No.
94
F. Consideration of approval of fuel contract with Hennepin County for purchase of
diesel and unleaded fuel .at cooperative purchase rate determined by Hennepin
County bid process S.R. No. 95
G. Consideration of approval of plans and specifications for remodeling of Richfield
Community Center and authorization to advertise for bids S.R. No. 96
H.. Consideration of approval of bid minutes/tabulation and award of contract to
Environmental Associates, Inc. for construction of screen wall and landscape work at
7601 Knox Avenue, Fountainhead Apartments, in amount of $97,741 S.R. No. 97
Notes:
6. Consideration of items, if any, removed from Consent Calendar
Notes:
PUBLIC HEARINGS
7. Public hearing and second reading of ordinance amendment to City Code Subsection
925.01; Subd. 4, adding language to prohibit placement or erosion of leaves, lawn
clippings or soil into natural waterway or public street, street drain, gutter or ditch
Staff Report No. 98
Notes:
8. Public hearing and second reading of transitory ordinance reallocating $14,342.61 from
.Pleasant Avenue Bike Trail Segments project to Micro-plane 76th Street project
Staff Report No. 99
Notes:
OTHER BUSINESS
9. Consideration of appointment of City Council liaison and two Ci residents to serve on
new "Blending Public Spaces and Private Development" Work ~roup
Staff Report No. 100
Notes:
10. Consideration of appointments to City's advisory commissions and Transportation
Committee
Staff Report No. 101
Notes:
CITY MANAGER'S REPORT
11. City Manager's report
Notes:
12. 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 meefing.
Notes:
Adjournment
(~ Auxiliary aids for individuals with disabilities are available upon request. Requests must be
- made at least 96 hours in advance to the Administrative Services Director at 612-861-9702.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
J STAFF REPORT
CITY COUNCIL MEETING
APRIL 22, 2003
CONSENT
SA
89
REPORT PREPARED BY:
CHRIS REGIS, FINANCE MANAGER
NAME, TITLE
COUNCIL PRESENTER:
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER
SIGNATURE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution providing for the sale of $6,000,000 General Obligation Tax
Increment Bonds, Series 2003 and accepting a tax increment pledge agreement between the
City of Richfield and the Richfield HRA.
I. RECOMMENDED ACTION:
By Motion: Approve the attached resolution providing for the sale of
$6,000,000 General Obligation Tax Increment Bonds, Series 2003 and
the acceptance of a tax increment pledge agreement between the City
of Richfield and the Richfield HRA.
II. BACKGROUND
• On August 5, 2002, the Richfield Housing and Redevelopment Authority (HRA)
adopted, and entered into a Contract for Private Development (Contract) with
Lyndale Gateway LLC for the redevelopment of the Lyndale Gateway West
area. The contract did not, however, establish the financing plan for the
redevelopment project.
• In December 2002, the HRA and .City Council each approved a funding concept
for the project.
This funding concept includes the issuance of $6 million of bonds for the
project, $3,000,000 having a 3 year maturity designated as 2003A and a
Cornerston a Bonds200304222003
second issue for $3,000,000 having a maturity not to exceed 20 years but
with the potential to be paid off early, designated as Series 20036.
• In addition, the funding concept includes a $610,000 grant to the project, the
source of the grant being the existing proceeds from the series 2000A bonds.
The debt service on these bonds is funded by tax increment generated by
the Candlewood Hotel project.
• At the February 18, 2003 HRA meeting, the HRA directed staff and the
developer to identify an additional funding mechanism to fill a funding gap
due to high acquisition costs of the existing commercial property.
• Finally, at the February 26, 2003 Special HRA meeting, the HRA approved a
funding mechanism by which the HRA provides a loan to the project of $1.1
million. The source of the loan would be from proceeds of the Bonds of 1996.
These funds have always been intended as an additional funding source for
redevelopment projects that otherwise might not be-able to occur.
Approximately half of the loan would be repaid with interest from the
developer and the remaining half would be repaid with tax increment
generated from the project.
• It is then necessary for the City to enter into a Pledge Agreement with the HRA
so that the tax increment from the Lyndale Gateway West project can be
transferred to the City for debt service on the bond issues.
III. BASIS OF RECOMMENDATION
A. POLICY
• On August 5, 2002 the HRA entered into a Contract for Private
Development with Lyndale Gateway, LLC for the Lyndale Gateway
West Area.
• On December 16, 2002, the HRA approved a conceptual financing
plan for the Lyndale Gateway West project. The City Council also
approved this financing plan on December 'I 0, 2002.
• On February 26, 2003 the HRA approved a Supplemental Agreement
to the Contract for Private Development with Lyndale Gateway, LLC
which addressed the $1.1 million "gap" in the financing of the project:
B. CRITICAL ISSUES
• In order for the development to move forward the bond financing is
critical to the success of the project.
C. FINANCIAL
• The bond sale will help make it possible to meet the financial
commitments of the project.
• The funding of the debt service for the Series 2003 bonds will be
generated by home sale proceeds from the project, pledged by the
developer to the HRA and tax increment generated by the project.
D. LEGAL
• Legal counsel has been involved in the structuring of the financing for the
development.
IV. ALTERNATIVE RECOMMENDATION~S~
• Refuse to proceed with the sale.
• Delay action until a future City Council meeting. However, both of these
alternatives would jeopardize the financing of the project and consequently
the project.
V. ATTACHMENTS
• A Resolution Providing for the Sale of $6,000,000 General Obligation Tax
Increment Bonds, Series 2003 and approving a pledge agreement between
the City of Richfield and the Richfield HRA.
• Pledge Agreement between the City of Richfield and the Richfield HRA
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Sid Inman, Ehlers & Associates, Inc.
CITY RESOLUTION NO.
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF
$6,000,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS AND
AUTHORIZING EXECUTION OF
TAX INCREMENT PLEDGE AGREEMENT WITH THE
HOUSING AND REDEVELOPMENT AUTHORITY IN AND
FOR THE CITY OF RICHFIELD
WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield,
Minnesota (the "HRA") has established the Richfield Redevelopment Project Area (the "Project
Area"), and approved a RedevelopmentPlan (the "Project Plan") for the Project Area; and
WHEREAS, within the Project Area, the HRA and City have established the Lyndale
Gateway West Tax Increment Financing District (the "TIF District"); and
WHEREAS, the HRA and Lyndale Gateway, LLC have entered into a Contract for Private
Redevelopment dated as of August 5, 2002, as amended (the "Contract");and
WHEREAS, pursuant to the Contract the HRA agrees to provide various forms of fmancial
assistance in connection with redevelopment of certain property in the TIF District, including
proceeds of certain tax increment bonds; and
WHEREAS, as contemplated in the Contract, the City and HRA have proposed that the City
issue General Obligation Taxable Tax Increment Bonds in an aggregate principal amount not to
exceed $6,000,000; and
WHEREAS, the City and HRA currently contemplate that the TIF Bonds will be issued in
two series: one in a principal amount of $3,000,000 having athree-year maturity designated as
Series 2003A (the "Short Terms Bonds"), and one in a principal amount of $3,000;000 having a
twenty year maturity designated as Series 2003B (the "Long Term Bonds") (the Short Term Bonds
and Long Term Bonds are referred to together as the "Bonds"); and
WHEREAS, the City has retained Ehlers & Associates, Inc., Roseville, Minnesota
("Ehlers") as its independent fmancial advisor for the Bonds; and
WHEREAS, the HRA has agreed to pledge certain tax increment revenues to the City for
the principal and interest on the Bonds; and
WHEREAS, there has been presented to the City a form of Tax Increment Pledge
Agreement Series 2003 between the HRA and the City (the "Pledge Agreement"), providing for
issuance of the Bonds; the use of proceeds, and the pledge of tax increments from the TIF District
tax increment districts to payment of principal and interest on the Bonds.
SJB-230020v1
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NOW, THEREFORE, BE IT RESOLVED by the City Council (the "Council") of the City
of Richfield, Minnesota, as follows:
1. The City Council authorizes Ehlers to solicit proposals for the Bonds, which may be
issued together or on different dates.
2. The City Council will meet for the purpose of considering sealed proposals for
awarding sale of the Short Terms Bonds, the Long Term Bonds, or both, at a meeting date or dates
to be determined by the City Manager upon the recommendation of Ehlers.
3. In connection with sale of the Bonds, the officers and employees of the City are
authorized to cooperate with Ehlers and participate in the preparation of an official statement for the
Bonds (or separate official statements for each series) and to execute and deliver it on behalf of the
City upon its completion.
4. Upon awarding of the sale of the fonds (or the Short Term Bonds or Long Term
Bonds, if not sold at the same time) the Mayor and City Manager of the City .are hereby authorized
to execute and deliver the Pledge Agreement substantially in the form on file with the City, subject
to modifications that do not alter the substance of the transaction that are approved by the Mayor
and City Manager, whose execution will be conclusive evidence of their approval.
5. This resolution shall be effective as of the date hereof.
Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of April,
2003.
Martin J. Kirsch, Mayor
Attest:
Nancy Gibbs, City Clerk
SJB-230020v1
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---~, TAX INCREMENT PLEDGE AGREEMENT
SERIES 2003
by and between
CITY OF RICHFIELD, MINNESOTA
and
THE HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF RICHFIELD, NIINNESOTA
THIS- AGREEMENT is made and entered into on or as of the day of , 2003,
by and between the City of Richfield, Minnesota (the "City"), and The Housing and Redevelopment
Authority in and for the City of Richfield, Minnesota (the "HRA"):
WHEREAS, the HRA has established the Richfield Redevelopment Project Area (the
"Project Area"), and approved a Redevelopment Plan (the "Project Plan") for the Project Area, and
WHEREAS, within the Project Area, the HRA and City have established the Lyndale
Gateway West Tax Increment Financing District (the "TIF District"); and
WHEREAS, the HRA and Lyndale Gateway, LLC have entered into a Contract for Private
Redevelopment dated as of August 5, 2002, as amended by a Supplemental Agreement to Contract
for Private Redevelopment dated , 2003 (the "Contract"); and
_ WHEREAS, pursuant to the Contract the HRA agrees to provide various forms of financial
assistance in connection with redevelopment of certain property in the TIF District, including
proceeds of certain tax increment bonds; and
WHEREAS, as contemplated in the Contract, the City and HRA have proposed that the
City issue General Obligation Taxable Tax Increment Bonds in an aggregate principal amount not
to exceed $6,000,000; and
WHEREAS, the City and HRA currently contemplate that the TIF Bonds will be issued in
two s eries: o ne i n a p rincipal a mount o f$ 3,000,000 h aving a t hree-year m aturity d esignated as
Series 2003A (the "Short Terms Bonds"), and one in a principal amount of $3,000,000 having a
twenty year maturity designated as Series 2003B (the "Long Term Bonds") (the Short Term Bonds
and Long Term Bonds are referred to together as the "Bonds"); and
WHEREAS, the HRA has agreed to pledge tax increments from the TIF District to the City
for the principal and interest on the Bonds; and
WHEREAS, pursuant to Minnesota Statutes, Section 469.178, Subdivision 2, any
agreement to pledge tax increment revenues must be made by written agreement by and between
the HRA and the City and must be filed with the Taxpayer Services Division Manager of Hennepin
County;
SJB-230024v1
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NOW, THEREFORE, the City and the HRA mutually agree to the following:.
(1) The City will issue sell the Bonds, at the time and subject to the conditions
described in the Contract, and will make the proceeds available to the HRA for the
purposes described in the Contract.
(2) The HRA hereby pledges to the payment of the principal of and interest on the
Bonds tax increments received by the HRA from the TIF District in an amount
sufficient, to pay 105% of such principal and interest due on the Bonds from time to
time.
(4) Not less than three (3) business days prior to each debt service payment date for the
Bonds, there shall be transferred from the accounts for the TIF District to the Debt
Service Fund maintained by the City for the payment of the Bonds, an amount
which when taken together with amounts akeady on deposit in such Debt Service
Fund, is equal to the principal of and interest on the Bonds to become due on the
subject payment date. Any tax increments generated from the TIF District in excess
of 105% of the principal and interest due with respect to the Bonds on any payment
date maybe retained by the HRA in the tax increment account for the TIF District
and applied to any public redevelopment costs of the TIF District or Project Area in
accordance with law.
~~ (5) Without regard to anything in this Agreement to the contrary, tax increment
- generated by the TIF District shall be available to pay, on a parity basis, principal of
and interest on both the Bonds and any other obligations issued by the City, HRA or
any other public body to finance public redevelopment costs paid or incurred by the
HRA in connection with the TIF District.
(6) When all principal and interest on the Bonds and other obligations issued to finance
the public redevelopment costs of the TIF District have been paid, and the City has
been reimbursed from collections of tax increment from the TIF District used to pay
principal of and interest on the Bonds, then the HRA shall report such fact to the
City Council of the City and the HRA shall submit a final statement of such
payments.
(7) An executed copy of this Agreement shall be filed with the Taxpayer Service
Division Manager of County pursuant to the requirement contained in Minnesota
Statutes, Section 469.178, Subdivision 2.
IN WITNESS WHEREOF, the City and the HRA have caused this Agreement to be duly
executed on their behalf and their seals to be hereunto affixed and such signatures and seals to be
attested, as of the day and year first above written.
SJB-230024v1
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ATTEST:
City Manager
(SEAL)
SJB-230024v1
RC 145-506
CITY OF RICHFIELD, MINNESOTA
By
Mayor
ATTEST: THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF
RICHFIELD, MINNESOTA
By
Secretary Chair
(SEAL)
SJB-230024v1
RC 145-506
;~ STATE OF MINNESOTA TAXPAYER SERVICES DIVISION MANAGER'S
COUNTY OF HENNEPIN
CERTIFICATE
I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota,
n
hereby certify that a Tax Increment Pledge A greement S eries 2 003 b y a nd b etween t he C ity o f
Richfield, Minnesota and the Richfield Housing and Redevelopment Authority dated
2003, relating to the City's $3,000,000 General Obligation Taxable Tax
Increment Bonds, Series 2003A and Series $3,000,000 General Obligation Taxable Tax Increment
Bonds, Series 2003B has been filed in my office.
WITNESS my hand and official seal this _ day of
(SEAL)
2003.
Taxpayer Services Division Manager's
Hennepin County, Minnesota
By
Deputy
SJB-230024v1
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AGENDA SECTION: ~' ~~ ~~
AGENDA ITEM # $~ (p 8
~' REPORT # 102
STAFF REPORT
~ CITY COUNCIL MEETING
APRIL 22, 2003
REPORT PREPARED BY:
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
BRUCE NORDQUIST, HOUSING AND
REDEVELOPMENT MANAGER
NAME, TITLE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a License Agreement between the City of Richfield and Gramercy
Corporation that allows the public use of the central plaza space according to certain
conditions.
I. RECOMMENDED ACTION:
By Motion: Authorize the License Agreement for public walkways
within the City Bella project.
II. BACKGROUND
A privately owned plaza connects all the uses in the southwest quadrant of 66th
Street and Lyndale Avenue, which includes City Bella and adjacent multi-housing
property. A License Agreement has been prepared which allows the plaza
walkways to be public walkways.
The License Agreement:
• Provides anon-exclusive right to use the walkways (including a walkway that
connects the quadrant to Wood Lake Nature Center).
• Allows the same type of hours of use that would be expected in a city park.
• Requires Gramercy (or a future owner) to properly maintain the public areas.
042203License Agreement
• Requires liability insurance by the City for the walkways. The type of coverage
~ required is similar to the umbrella insurance policy used by the City for other
walkway and park spaces. No additional cost or a minimal cost is anticipated.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City Council's approval of the final Development Plan and
preliminary plat for City Bella calls for public access through the City
Bella Plaza.
• The Housing and Redevelopment Authority's (HRA) Contract for
Private Redevelopment (as amended) requires an agreement
concerning the public use of the plaza.
The Lakes at Lyndale Master Plan emphasizes new pedestrian
connections such as those being proposed.
B. CRITICAL ISSUES
• Although the use of the walkways may be 12 to 18 months away, the
License Agreement is essential to securing public access through the
plaza from this time forward.
C. FINANCIAL
• The developer/owner is responsible for any costs to maintain the
'~ plaza and public walkways.
• No additional cost is expected for adding the walkways to existing City
insurance policies.
D. LEGAL
• The License Agreement was prepared by legal counsel.
IV. ALTERNATIVE RECOMMENDATION(S~
• The City could choose not to approve an agreement. In the absence of an
agreement, the plaza would not have public access.
V. ATTACHMENTS
• License Agreement.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• N/A
Execution Copy
LICENSE AGREEMENT
THIS INDENTURE, is dated as of the 21st day of April, 2003, by and between
GRAMERCY CORPORATION, a Minnesota corporation, hereinafter referred to as "Grantor",
and the CITY OF RICHFIELD, a Minnesota municipal corporation hereinafter referred to as
"Grantee".
DEFINITIONS:
"Licensed Area" -The area of land set out and constructed as a walkway and generally
shown and described on Exhibit "A" attached hereto and made a part hereof.
"License" -This Agreement.
"Commencement Date" -The date on which the Grantor notifies the Grantee that
construction of the Development is substantially complete.
"Development" means the improvements to be constructed on the property described in
the attached Exhibit B, and consisting generally of the Component One and Component Two
~ Minimum Improvements as such are described in the Concept Plans for the Development on file
-- in the office of the Richfield Community Development Director.
LICENSE GRANTED:
Subject to the terms and provisions of this Agreement, Grantor hereby grants and Grantee
hereby accepts the non-exclusive right to use the Licensed Area as hereinafter provided. The
Licensed Area is located on the tract of land legally described in the attached Exhibit B.
TERM; EARLY TERMINATION:
1. Term. In consideration of Grantee's performance of Grantee's obligations under
this License, Grantor hereby Licenses the Licensed Area to Grantee for a term commencing on
the Commencement Date and expiring on the earlier of: i) the date on which the Grantee elects to
terminate this Agreement by giving notice of such election to the Grantor; or ii) the effective date
of any termination pursuant to Section 16 below (the "Expiration Date").
LICENSE FEE:
2. License Fee. Grantee has paid to Grantor a gross license fee for the Term in the
amount of $ 1.00 ("License Fee"), the receipt of which is hereby acknowledged.
JBD-229792v1
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3. Taxes and special assessments. The Grantor shall be responsible for the payment
of all real estate taxes and installments of special assessments due and payable with respect to the
Licensed Area.
USE RESTRICTIONS:
4. It is the intention of the parties that the License is for the sole purpose of allowing
for non exclusive access to the Licensed Area by the public for use as a pedestrian walkway.
Such grant is subject to the right of Grantor, i) to close all or part of the Licensed Area for repairs
and maintenance ii) following consultation with Grantee, to place reasonable restrictions on the
public use of the Licensed Area, including, without limitation, the hours during which such use
will be permitted, and iii) consistent with the ordinances of the City of Richfield, to place and
maintain such signage on or about the Licensed Area as may be needed to announce such
restrictions. Provided, however, that, absent the consent of the Grantee, the Grantor may not
prohibit public pedestrian access to the Licensed Area during those hours of the day that
Richfield public parks are open to the public.
UTILITIES AND OPERATING COSTS:
5. Grantor shall be responsible for all charges for water and sewer, garbage and
refuse removal, electricity and any other utility services furnished to or on account of the
Licensed Area, and all other costs associated with the use, operation and management of the
Licensed Area during the term of the License.
MAINTENANCE AND REPAIR OF THE LICENSED AREA:
6. Grantor shall, at all times throughout the term of this License, and at its sole
expense, clean, keep and maintain the Licensed Area in a condition of good and safe repair.
ALTERATION OR IMPROVEMENT OF THE LICENSED AREA:
7. Grantee shall not make any improvements in or to the Licensed Area without
Grantor's prior written consent. It is anticipated that the Grantee. may seek permission to erect
signage announcing the walkway; which permission will not be unreasonably withheld.
INDEMNIFICATION; COVENANTS TO DEFEND AND HOLD HARMLESS:
8. Grantee shall hold Grantor harmless from and indemnify and defend Grantor
against any claim or liability arising in any manner from Grantee's use, improvement or
occupancy of the Licensed Area, or relating to the death or bodily injury to any person or
damage to any personal property present on or located in or upon the Licensed Area.
LIABILITY INSURANCE:
9. Grantee shall, at its expense, during the term of this License, keep in full force
and effect a policy or policies of general liability insurance, providing coverage for bodily injury,
JBD-229792v1
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2
~ personal property damage, personal injury, and contractual liability, based on Grantee's use of
the Licensed Area, on terms substantially the same as the policies maintained by Grantee on its
public parks.
QUIET ENJOYMENT:
10. Grantor warrants that it has full right to execute and to perform this License, and
that Grantee, upon Grantee's performance of all of the terms, conditions, covenants and
agreements on Grantee's part to be observed and performed under this License, may peaceably
non exclusively and quietly enjoy the Licensed Area subject to the terms and conditions of this
License.
11. Nothing in this License shall be deemed to limit Grantor's right to have
reasonable access to the Licensed Area for the purpose of repair or maintenance, or to exercise
its remedies under the License, or to make applications to a governmental entity with respect to
the Licensed Area, or to take other similar action with respect to the Licensed Area as a
responsible Grantor would elect.
ASSIGNMENT OR SUBLICENSING:
12. Grantee agrees not to sublicense any portion of the Licensed Area or to transfer or
assign this License. Grantor's right to assign this License is and shall remain unqualified.
`- SALE OR ENCUMBRANCE OF THE LICENSED AREA:
13. If Grantor sells or otherwise voluntarily conveys the Licensed Area during the
term of this License, this License shall survive and continue according to its terms.
SURRENDER:
14. Upon expiration or termination of this License, Grantee shall peaceably surrender
the Licensed Area.
ACCESS TO LICENSED AREA:
15. Grantee agrees to permit Grantor and the authorized representatives of Grantor to
enter the Licensed Area at all times during usual business hours for the purpose of inspecting the
same and conducting such maintenance, construction, reconstruction, repair, investigations,
measurements, and assessments as may be desired by Grantor.
DEFAULT OF GRANTEE:
16. a. Events Of Default: The occurrence of any one or more of the following
events shall constitute an Event of Default:
JBD-229792v1
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3
(1) Grantee's failure to pay when due; any payment required under this
Agreement.
(2) Grantee's failure to maintain and keep in place the insurance required
pursuant to Section 9, which failure remains uncured for five (5) days following
Grantor's written notice to Grantee of Grantee's failure to perform such obligation;
(3) The erection of any exterior signage without the approval of the Grantor.
(4) Grantee's failure to fully perform any of Grantee's obligations, which
failure remains uncured for thirty (30) days following Grantor's written notice to Grantee
of Grantee's failure to perform such obligation; or
b. Grantor's Remedies: If an Event of Default occurs, Grantor shall have the
following remedies;
(1) Grantor may, but shall not be obligated to, and without notice to or
demand upon the Grantee and without waiving or releasing the Grantee from any
obligations of the Grantee under this License, pay or. perform any obligations of Grantee;
pay any cost or expense to be paid by Grantee; obtain any insurance coverage and pay
premiums therefor; and make any other payment or perform any other act on the part of
the Grantee to be made and performed as provided for in this License, in such manner
~ and to such extent as the Grantor may deem desirable, and in exercising any such right,
`-' may also pay all necessary and incidental costs and expenses, employ counsel and incur
and pay attorneys' fees. Grantee shall pay any and all such sum or sums to Grantor upon
demand with interest at seven percent (7%) per annum.
(2) Grantor may terminate this License by written notice to Grantee in which
case Grantee shall vacate the Licensed Area in accordance with Section 14. Such
termination shall, unless a different time is specified elsewhere in this License, be
effective 15 days following the date of giving notice. Neither the passage of time after
the occurrence of an Event of Default nor Grantor's exercise of any other remedy with
regard to such Event of Default shall limit Grantor's right to terminate the License by
written notice to Grantee.
(3) In addition to all other remedies of Grantor, Grantor shall be entitled to
reimbursement upon demand of all reasonable attorneys' fees which Grantor incurs in
connection with any Event of Default.
(4) Grantor may initiate legal proceedings to enforce the provisions of this
License.
No remedy provided for herein or elsewhere in this License or otherwise available to Grantor by
law, statute or equity, shall be exclusive of any other remedy, but all such remedies shall be
cumulative and may be exercised from time to time and as often as the occasion may arise.
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RC125-209
4
DAMAGE OR DESTRUCTION:
17. If fire or other casualty damages or destroys the Licensed Area or Improvements,
or if the Licensed Area or Improvements incur substantial damage due to vandalism, or other
unforeseen cause during the term of this License, then Grantee shall have the option of
terminating this License.
GENERAL:
18. Grantor's Disclaimer of Warranty: Grantor disclaims any warranty that the
Licensed Area is suitable for Grantee's use.
a. Relationship of Grantor and Grantee: The License does not create the
relationship of principal and agent or of partnership or of joint venture or of any association
between Grantor and Grantee, the sole relationships between the parties hereto being that of
Grantor and Grantee under this License.
b. Waiver: No waiver of Grantor's remedies upon the occurrence of an
Event of Default shall be implied from any omission by Grantor to take any action on account of
such Event of Default, and no express waiver shall affect any Event of Default other than the
Event of Default specified in the express waiver and such an express waiver shall be effective
only for the time and to the extent expressly stated. One or more waivers by Grantor shall not
then be construed as a waiver of a subsequent Event of Default.
c. Choice of Law: The laws of the State of Minnesota shall govern the
validity, performance and enforcement of this License.
d. Time: Time is of the essence in the performance of all obligations under
this License.
e. Entire Agreement and Amendment: This License and the Exhibits, if any,
attached hereto and forming a part hereof, constitute the entire agreement between Grantor and
Grantee affecting the Licensed Area and there are no other agreements, either oral or written,
between them other than said documents and as are herein set forth. No subsequent alteration,
amendment, change or addition to this License shall be binding upon Grantor or Grantee unless
reduced to writing and executed in the same form and manner in which this License is executed.
f. Successors and Assigns: The terms, covenants and conditions of this
License shall be binding upon and inure to the benefit of the successors and assigns of the parties
hereto.
19. No Claim Upon Termination. Grantee acknowledges that Grantor is willing to
enter into this agreement and provide the Grantee the use of the Licensed Area only because
Grantee, in addition to performing its obligations hereunder, has stipulated and agreed with
Grantor as follows:
JBD-229792v1
RC 125-209
5
-~. a. Grantee waives any claim it may have based upon Grantor's termination of
-this Agreement whether based upon the value of the Improvement, the value of the License, or
for any other reason known or unknown at this time.
b. Grantee will make no claim for relocation benefits or assistance following
the termination of this Agreement.
c. Grantee indemnifies and holds harmless the Grantor from any such claims
as are made by third parties.
1N WITNESS WHEREOF, the Grantor and the Grantee have caused these presents to be
executed in form and manner sufficient to bind them at law, as of the day and year first above
written.
GRANTOR:
Gramercy Corporation
By:
Its:
n
JBD-229792v1
RC 125-209
GRANTEE:
City of Richfield
By:
Martin Kirsch
Its: Mayor
and
By:
Samantha Orduno
Its: City Manager
6
EXHIBIT A
Site Layout of the Licensed Area
[To be supplied prior to execution]
JBD-229792v1
RC125-209
A-1
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EXHIBIT B
Legal Description of Property Affected
LEGAL DESCRIPTION
Lots 1, 2 and 3, Block 2, Fairwood Shores.
Lots 1 and 2, Block 3, "Fairwood Shores".
Lots 3, 4 and 5, Block 3, Fairwood Shores.
Lots 1 and 2, Block 1; Lots 11 to 17 inclusive, Block 1, Fairwood Shores.
Lots 3, 4 and 18; Lot 19, except that part of the North 5.0 feet thereof lying East of a line drawn
South at right angles to the North line of said Lot from a point thereon distant 32.0 feet West of the
Northeast corner of said Lot; and except that part of the Easterly 10.0 feet of said Lot lying Northeasterly
of a line drawn Northwesterly at right angles to the Easterly line of said Lot from a point thereon distant
52.0 feet South of the Northeast corner thereof, Block 1, Fairwood Shores.
Together with:
All of vacated Lake View Walk, as dedicated on the plat of "FAIRWOOD SHORES", Hennepin County,
Minnesota.
Together with:
That part of vacated Lake Shore Drive, as dedicated on the plat of "FAIRWOOD SHORES", Hennepin
County, Minnesota, which lies northeasterly of a line beginning at the most westerly corner of Lot 1,
Block 1, GRAMERCY PARK RICHFIELD, according to the recorded plat thereof, Hennepin County,
Minnesota, to a point on the southwesterly line of Lot 17, Block 3, said FAIRWOOD SHORES, distant
42.31 feet northwesterly, as measured along said southwesterly line, from the most southerly corner of
said Lot 17, and which lies southeasterly of the southwesterly extension of the southeasterly line of Lot
18, Block 3, said FAIRWOOD SHORES, and which lies northwesterly of the northwesterly line of Lot 1,
Block 1, said GRAMERCY PARK RICHFIELD and its southwesterly extension.
Together with:
That part of vacated Auto Lane, as dedicated in the plat of "FAIRWOOD SHORES", Hennepin County,
Minnesota, which lies southeasterly of a line beginning at the most easterly corner of Lot 18, Block 3,
said "FAIRWOOD SHORES" to the most southerly corner of Lot 6, said Block 3 and its extensions
northeasterly and southwesterly.
Together with:
That part of vacated Graham Avenue and vacated Circle Place, as dedicated in the plat of "FAIRWOOD
SHORES", Hennepin County, Minnesota, which lies easterly of a line beginning at the most easterly
corner of Lot 6, Block 3, said "FAIRWOOD SHORES", to the southwesterly corner of Lot 11, Block 1,
said "FAIRWOOD SHORES" and its extensions northerly and southerly.
Lots 16, 17, and 18, Block 3, FAIRWOOD SHORES, according to the recorded plat thereof, Hennepin
County, Minnesota,
Together with:
That part of vacated Lake Shore Drive, as dedicated on the plat of FAIRWOOD SHORES, Hennepin
County, Minnesota, which lies northeasterly of a line beginning at the most westerly corner of Lot 1,
Block 1, GRAMERCY PARK RICHFIELD, according to the recorded plat thereof, Hennepin County,
Minnesota, to a point on the southwesterly line of Lot 17, Block 3, said FAIRWOOD SHORES, distant
42.31 feet northwesterly, as measured along said southwesterly line, from the most southerly corner of
said Lot 17, and which lies northwesterly of the southwesterly extension of the southeasterly line of Lot
18, Block 3, said FAIRWOOD SHORES.
JBD-229792v1
RC125-209
B-1
Together with:
That part of the southwesterly half of vacated Auto Lane, as dedicated in the plat of FAIRWOOD
SHORES, Hennepin County, Minnesota, which lies southeasterly of the southeasterly line of Lot 15,
Block 3, said FAIRWOOD SHORES, and its northeasterly extension, and which lies northwesterly of a
line beginning at the most easterly corner of Lot 18, Block 3, said FAIRWOOD SHORES to the most
southerly corner of Lot 6, said Block 3 and its extensions northeasterly and southwesterly.
JBD-229792v1
RCI25-209
B-2
AGENDA SECTION: Consent
AGENDA ITEM # 5 ~
REPORT # 96
~~' STAFF REPORT
CITY COUNCIL MEETING
APRIL 22, 2003
REPORT PREPARED BY:
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR REVIEW
REVIEWED BY CITY MANAGER:
JIM TOPITZHOFER, RECREATION SERVICES
DIRECTOR
NAME, TITLE
NAME, T/TLE
r~
ITEM FOR COUNCIL CONSIDERATION:
Consideration of approval of plans and specifications for the remodeling of the Richfield
Community Center and authorization to advertise for bids.
I. RECOMMENDED ACTION:
By Motion: Approve plans and specifications for the remodeling of
the Richfield Community Center and authorize advertisement for bids.
III. BACKGROUND
The 42 year-old Richfield Community Center is long overdue for improvements. The
building is in dire need of mechanical upgrades, new surface materials, paint and wall
repair, light fixture replacement and other general remodeling. The building also has
some code issues relating to accessibility and food handling. A task force was formed
from members of the Community Services Commission and the Inter-Council to study the
project and concluded that services currently provided at the Center could be
accommodated without a major renovation or addition to the building.
A Request for Proposal was advertised for architectural services to prepare a preliminary
report for the remodeling of the Community Center. Oertel Architects was selected and
0422 Com Ctr
--. began consulting with members of the Community Center Task Force. Oertel Architects
presented the preliminary report to the Community Services Commission on January 21,
2003, including floor plans, improvement description, and cost estimates. The
Community Services Commission voted unanimously to recommend the City Council to
contract further architectural services of Oertel Architects and to proceed with the
improvements.
The preliminary plan was presented to the Richfield City Council on February 11, 2003.
City Council then approved a contract with Oertel Architects to proceed with plans and
specifications.
The proposed specifications include in the bid contract the following items: Carpet,
interior paint, some exterior paint, new ceiling grids & panels, additional light fixtures, 10
computer stations, operable partitions, hazardous material abatement, two additional
exterior windows, vaulted ceiling in the general room, mechanical improvements and
ADA compliance.
The following items will be included as add-alternates, giving the City the ability to select
each item based on bid price: Covered entrance walkway, kitchen hood, outdoor patio &
retaining wall, and skylight.
Kitchen upgrades will include a new chemical dishwasher, stainless-steel counter
shelving and cabinets. These items, as well as furnishings (tables, chairs and lobby
~ furniture), and new computer equipment will be selected by staff and user groups and,
therefore, will not be bidded as part of the construction contract. Subsequently, there will
be no mark-up to the architect or the contractor on these items, resulting in a cost
reduction to the City.
The total budget for the construction and all the above items handled outside the
construction contract is $376,000. Capital improvement funds in the amount of $340,000
have been approved by City Council for the project and a total of $36,000 is available in
donations. With the funding in place at this time, staff has determined that the best
possible time to execute construction work is in the summer months. The attached
project schedule sets up an aggressive plan to do so.
III. BASIS OF RECOMMENDATION
A. POLICY
• A public hearing was conducted. and the project was approved by City Council on
April 23, 2002 as part of the 2002 Capital Improvement Budget in the amount of
$340,000, with an additional $36,000 in donated funds.
B. CRITICAL ISSUES
• Remodeling is necessary to retain customers, provide a stimulus for program
growth and meet federal ADA laws.
~-~ C. FINANCIAL
• Donations received in the amount of $36,000 were earmarked for this project at
the time of collection.
D. LEGAL
• None
IV. ALTERNATIVE RECOMMENDATION(S~
• None
V. ATTACHMENTS
• Drawing Summaries
• Project Schedule
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
None
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RICHFIELD COMMUNITY CENTER REMODELING
PROJECT SCHEDULE
January 21, 2003
February 11, 2003
March 12, 2003
March 13, 2003
March 20, 2003
March 24, 2003
April 8, 2003
April 15, 2003
April 22, 2003
__ April 23, 2003
May 15, 2003
May 27, 2003
May 28, 2003
September 15, 2003
Present preliminary plan and cost estimates to Community Services
Commission
City Council consideration to proceed with plans, specifications and
bidding documents
Mechanical and electrical meeting
Review progress set of plans with Building Official and Bloomington
Health Officials
Hazardous material review
Select finishes with Oertel Architects
Submit first draft of plans and specifications
Deadline for completed plans and specifications
City Council considers plans and specifications, ad for bids
Advertise bids
Bid Opening
City Council consideration of bids and construction contracts
Construction begins
Construction completion deadline
~~
AGENDA SECTION: Consent
AGENDA ITEM # 5 ~"
REPORT # o t
J STAFF REPORT
CITY COUNCIL MEETING
APRIL 22, 2003
REPORT PREPARED BY:
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER: /~
RANDY HUGHES,
OPERATIONS SUPERINTENDENT
NAME, TITLE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of award of contract with Hennepin County for the purchase of fuel.
I. RECOMMENDED ACTION:
By Motion: Approve the attached contract with Hennepin County for
the purchase of diesel and unleaded fuel at the cooperative purchase
rate determined by the Hennepin County bid process.
~ II. BACKGROUND ~
In early 1999, the City was forced to remove its fuel tanks from 7700 Pillsbury
Avenue because they did not meet State codes. New tanks were not installed on
site in anticipation of the City Maintenance Facility moving to a new location. As a
temporary fueling solution, Hennepin County agreed to allow the City to fuel
vehicles at their Bloomington truck station (120 West 81st Avenue) for one year. In
2000, the agreement was extended. for two more years. This agreement has expired
as of January 1,2003, and the County has agreed to extend it for four more years.
This agreement allows City vehicles to refuel at a convenient. location at below retail
gas costs.
0422HCfuel
III. BASIS OF RECOMMENDATION
A. POLICY
• Since 1999, the City has purchased fuel from Hennepin County under
this cooperative agreement as a temporary solution until a new
maintenance facility is constructed.
B. CRITICAL ISSUES
• The City participates in a joint purchasing agreement with Hennepin
County for fuel. The County solicits bids for the cooperative purchase
agreement. The County has agreed to furnish fuel to the City at their
bid price with no additional mark up.
C. FINANCIAL
• Under the agreement, Hennepin County charges the City exactly what
they pay for fuel under the Cooperative Purchasing Program. This is
as cost effective as having City-owned tanks. Costs for fuel the
previous three years are as follows:
• 2000: $ 74,601.00
• 2001: $116,749.00
• 2002: $ 82,405.00
• The amounts paid by the City shall be at the prevailing rates as
established under Hennepin County's. contract with Tracy Tripp Fuel,
Inc.
• Average costs per gallon as of February 2003 are $1.15 per gallon for
diesel and $1.20 per gallon for unleaded, well below retail prices.
D. LEGAL
• The City's policy on purchasing provides that when the purchase price
of merchandise, materials, equipment, or construction exceeds
$50,000.00, competitive bids are required and the authority to
purchase shall be submitted to the City Council for consideration.
IV. ALTERNATIVE RECOMMENDATION~S~
• Council may chose to deny approval and direct staff to obtain new bids for
the purchase of fuel, however, staff believes the best price is available
through the joint purchase contract.
V. ATTACHMENTS
• Contract with Hennepin County
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
AA Code:
Contract No: A030490
Tax ID No.:
Vendor No.:
PERSONAL/PROFESSIONAL SERVICE AGREEMENT
THIS AGREEMENT made and entered into by and between the COUNTY OF
HENNEPIN, STATE OF MINNESOTA, hereinafter referred to as the "COUNTY," A-2300
Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Public
Works Department, 1600 Prairie Drive, Medina, Minnesota 55340-5421, hereinafter referred to
as the "DEPARTMENT" and the City of Richfield, 6700 Portland Avenue South, Richfield, MN
55423 a political subdivision of the State of Minnesota, hereinafter referred to as the "CITY."
WITNESSETH:
WHEREAS, the COUNTY, on behalf of the DEPARTMENT, has a facility located in
Bloomington, Minnesota, which acts as a fueling station for diesel and gas powered vehicles; and
WHEREAS, the CITY is building a new transportation facility and will not have a fueling
~ station during the construction of said facility; and
WHEREAS, the CITY wishes to use the COUNTY'S Bloomington Facility (Facility) as a
fueling station for its diesel and gas powered vehicles during the construction of its new facility,
NOW THEREFORE, in consideration of the mutual undertakings and agreements
hereinafter set forth, the COUNTY, on behalf of the DEPARTMENT, and the CITY (agree as
follows:
1. TERM AND COST OF THE AGREEMENT
The COUNTY agrees to provide Facility fueling access to the CITY during the period
commencing December 31, 2002 and terminating December 31, 2006.
The COUNTY shall be paid the amounts provided in Exhibit A attached and incorporated
herein by this reference.
03/31/03
2. SERVICES TO BE PROVIDED
The COUNTY will provide the CITY with access to the Facility. This access is solely for
the purpose of fueling the CITY's diesel and gas powered vehicles and shall be governed
by Exhibit B which is attached and incorporated herein by this reference.
3. PAYMENT FOR SERVICES
Payment for services shall be made directly to the COUNTY after the COUNTY submit
invoices for services rendered. Payment by the CITY shall be made within thirty (30)
days from receipt of the invoice.
4. INDEPENDENT PROVIDER (CONTRACTOR)
The CITY shall select the means, method, and manner of performing the services herein.
Nothing is intended or should be construed in any manner as creating or establishing the
relationship of co-partners between the parties hereto or as constituting the CITY as the
agent, representative, or employee of the COUNTY for any purpose or in any manner
whatsoever. The CITY is to be and shall remain an independent contractor with respect
to all services performed under this Agreement. The CITY represents that it has or will
secure at its own expense all personnel required in performing services under this
Agreement. Any and all personnel of the CITY or other persons while engaged in the
performance of any work or services required by the CITY under this Agreement shall
have no contractual relationship with the COUNTY, and shall not be considered
employees of the COUNTY. Any and all claims that may or might arise under the
Minnesota Economic Security Law or the Workers' Compensation Act of the State of
Minnesota on behalf of said personnel, arising out of employment or alleged employment,
including, without limitation, claims of discrimination against the CITY, its officers,
agents, contractors, or employees shall in no way be the responsibility of the COUNTY.
The CITY shall defend, indemnify, and hold the COUNTY, its officials, officers, agents,
volunteers, and employees harmless from any and all such claims irrespective of any
determination of any pertinent tribunal, agency, board, commission, or court. Such
personnel or other persons shall neither require nor be entitled to any compensation,
rights, or benefits of any kind whatsoever from the COUNTY, including, without
limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers'
Compensation, Re-employment Insurance, disability, severance pay, and PERA.
5. NON-DISCRIMINATION -AFFIRMATIVE ACTION
In accordance with Hennepin County's policies against discrimination, no person shall be
excluded from full employment rights or participation in or the benefits of any program,
service, or activity on the grounds of race, color, creed, religion, age, sex, disability,
marital status, sexual orientation, public assistance status, or national origin; and no
03/31/03 2
person who is protected by applicable Federal or State laws, rules, or regulations against
discrimination shall be otherwise subjected to discrimination.
6. INDEMNIFICATION AND INSURANCE
a. The CITY agrees to defend, indemnify, and hold harmless the COUNTY, its
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, its subcontractors, anyone directly or indirectly employed by them,
and/or anyone for whose acts and/or omissions they maybe liable in the
performance of the services required by this contract, and against all loss by
reason of the failure of the CITY to perform fully, in any respect, all obligations
under this contract.
b. In order to protect the CITY and those listed above under the indemnification
section, the CITY agrees at all times during the term of this Agreement, and
beyond such term when so required, to have and keep in force, either through
insurance or aself-insurance plan, coverages consistent with those limits specified
in Minnesota Statutes Chapter 466 and other applicable law.
Copies of insurance policies shall be submitted to the COUNTY upon written request.
7. DATA PRIVACY
CITY agrees to abide by all applicable State and Federal laws and regulations concerning
the handling and disclosure of private and confidential information concerning
individuals and/or data including but not limited to information made non-public by such
laws or regulations.
8. RECORDS -AVAILABILITY
The CITY agrees that the County, the State Auditor, or any of their duly authorized
representatives at any time during normal business hours, and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt,
and transcribe any books, documents, papers, records, etc., which are pertinent to the
accounting practices and procedures of CITY and involve transactions relating to this
Agreement.
9. NON-ASSIGNMENT
The CITY shall not assign, subcontract, transfer, or pledge this contract and/or the
services to be performed hereunder, whether in whole or in part, without the prior written
consent of the County.
03/31/03
~'- ~.- 10. MERGER AND MODIFICATION
J
a. 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.
b. 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.
11. DEFAULT AND CANCELLATION
a. If the CITY violates any of the provisions of this Agreement or so fails to protect
the COUNTY property or follow safety precautions related to refueling the
CITY's vehicles, this shall constitute a default. Unless CITY default is excused by
the COUNTY, the COUNTY may upon written notice immediately cancel this
Agreement in its entirety
b. The COUNTY's failure to insist upon strict performance of any provision or to
exercise any right under this Agreement shall not be deemed a relinquishment or
waiver of the same, unless consented to in writing. Such consent shall not
constitute a general waiver or relinquishment throughout the entire term of the
Agreement.
d. This Agreement maybe canceled with or without cause by either party upon five
(5) days' written notice.
12. CONTRACT ADMIlVISTRATION
In order to coordinate the services of the CITY with the activities of the Public Works
Department so as to accomplish the purposes of this contract, Dana Albers CMED/fleet
manager, shall manage this contract on behalf of the COUNTY and serve as liaison
between the COUNTY and the CITY.
13. PAPER RECYCLING
The COUNTY encourages the CITY to develop and implement an office paper and
newsprint recycling program.
03/31/03 4
("~~ 14. NOTICES
Any notice or demand which must be given or made by a party hereto under the terms of
this Agreement or any statute or ordinance shall be in writing, and shall be sent registered
or certified mail. Notices to the COUNTY shall be sent to the County Administrator with
a copy to the originating Department at the address given in the opening paragraph of the
Agreement. Notice to the CITY shall be sent to the address as given in the opening
paragraph of the Agreement.
15. MINNESOTA LAWS GOVERN
The Laws of the State of Minnesota shall govern all questions and interpretations
concerning the validity and construction of this contract and the legal relations between
the herein parties and performance under it. The appropriate venue and jurisdiction for
any litigation hereunder will be those courts located within the County of Hennepin, State
of Minnesota. Litigation, however, in the federal courts involving the herein parties will
be in the appropriate federal court within the State of Minnesota. If any provision of this
contract is held invalid, illegal or unenforceable, the remaining provisions will not be
affected.
03/31/03
COUNTY ADMINISTRATOR APPROVAL
CONTRACTOR having signed this contract, and the AUTHORITY having duly
approved this contract on , 200_, and pursuant to such approval, the proper County
official having signed this contract, the parties hereto agree to be bound by the provisions herein
set forth.2
Approved as to form
and execution
Assistant County Attorney
Date:
HENNEPIN COUNTY
STATE OF MINNESOTA
By:
Deputy/Executive Director3
City of Richfield
Name:
By: _Richfield City Manager
Title
z Please take notice that contracts with individuals that are equal to or less than $1,000.00 do not require notary
acknowledgment. All other contracts require notary acknowledgment.
~- 3 Pursuant to 46-HCRRA-02, the Executive Director is authorized to sign contracts for professional and personal services not
exceeding $50,000. A deputy authorized by the Executive Director may also sign the contract.
CITY ACKNOWLEDGMENT
STATE OF )
ss.
COUNTY OF )
On this day of ,before me appeared
(Name of Officer signing) to me personally
known, who did say that he/she is the (title of Officer)
of (Legal Name of Company), the
corporation described herein and who executed the foregoing instrument; and that said
instrument was executed on behalf of said corporation by authority of its Board of Directors or
other Governing Body; and he/she acknowledged said instrument to be the free act and deed of
said corporation.
Notary Public
My Commission Expires
HCRRA Form 101 A 2003 (Revised 9/02 MJM)
7
^'~ EXHIBIT A
• The amounts paid by the CITY shall be at the prevailing rates as established under Hennepin
County's contract with Tracy Tripp Fuel, Inc.
• The CITY shall pay all applicable taxes.
• The CITY shall pay $5.50 for each additional fuel key that is provided to the CITY.
• The CITY shall also be responsible for all reasonable costs and expenses incurred by the
COUNTY related to the services herein.
,~
03/31/03 ~
%"'~ EXHIBIT B
`' - USE OF COUNTY FACILITY
The CITY agrees to invite only those persons performing tasks on behalf of the CITY in connection
with the contract. As to such person, the CITY agrees to maintain proper vigilance so as to insure that
they shall discharge their duties in a safe, courteous, and efficient manner.
The CITY agrees that no property other than such as might normally be brought upon the
premises of the Facility as an incident to the reasonable use thereof for the purposes specified by
the DEPARTMENT will be brought upon said premises.
The CITY shall not use, suffer, or permit the use of the designated premises or any part thereof in
any manner or for any purposes, or do, bring or keep anything to be done, brought or kept,
therein (including, but not limited to, the installation or operation of any electrical, electronic or
other equipment) which, in the reasonable judgment of the DEPARTMENT, would:
violate any covenant, agreement, term, provision or condition of this Agreement or is
unlawful or in contravention of any permit issued to the County for the Facility;
2. impair or interfere in any way with any of the Facility services or impair or interfere with
the use of the other areas of the premises by, or occasion discomfort, inconvenience or
annoyance to, any of the other users of the Facility or impair the appearance of the
premises;
3. be prejudicial to the business of the County or the Facility;
4. reflect unfavorably on the County or the premises.
The CITY shall take precaution so as not to allow injury or damage to the Facility. The CITY
shall pay the cost of making good any injury, damage or breakage thereto caused by the CITY or
by the employees, agents, invitees, officers or contractors of the CITY.
The CITY will observe and comply with the rules and regulations which the County has made or
may make and communicate hereafter, at any time in writing, to the CITY, and which, in the
judgment of the County, shall be necessary or desirable for the reputation, safety, care or
appearance of the Facility or the preservation of good order therein, or the operation or
maintenance of the Facility, or the equipment thereof.
The County is not liable, and the CITY holds the County harmless, for any loss or damage which
the CITY may sustain from:
1. injury or damage to the CITY or for any damage to or loss (by theft or otherwise) of, or
loss of use of, any property of the CITY, or property in the CITY's possession, including
n and injury, loss or damage to person -and property belonging to them -who have been
`~_ invited or requested to be on the Facility by the CITY in connection with its use of the
03/31/03
~. Facility, unless any such injury, loss or damage, all as aforesaid, is caused by the sole
- negligence of the County, its officers or employees;
2. interruption in any service from any cause whatsoever;
3. any act of employees or agents or persons other than the County's;
4. personal andlor bodily injury; or
5. any loss incurred by the CITY resulting from its inability to use the Facility.
In the event that a minor problem should occur at the Facility, the CITY will contact
Douglas Armstrong at (612) 745-7513, during work days only, Mon-Fri, 7:00 am - 3:30
pm.
In the event that there is a problem or fueling incident at the Facility which requires
immediate action, the CITY shall contact all appropriate emergency agencies and
Hennepin County Security at (612) 348-5111 twenty-fogr (24) hours a day.
n
03/31/03 9
AGENDA SECTION:
AGENDA ITEM #
REPORT #
STAFF REPORT
CITY COUNCIL MEETING
APRIL 22, 2003
OTHER BUSINESS
10
REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASST.
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY MANAGER: ~ /~/~~
ITEM FOR COUNCIL CONSIDERATION:
Consideration of appointments to City's Advisory Commissions and Transportation Committee.
~~ I. RECOMMENDED ACTION: ~~
By motion: Appoint persons to fill the terms on the City's Arts
Commission and Celebrations Commission; one unexpired term on
the Planning Commission; and .the terms on the Transportation
Committee.
II. BACKGROUND
• On December 22, 2002, the City Council established two new City advisory
commissions -Arts Commission and Celebrations Commission.
• On March 11, 2003, the City Council made appointments to the Arts Commission
but deferred appointments to the Celebrations Commission because additional
applicants were desired.
• On February 25, 2003, the City Council established a Transportation Committee.
The committee should consist of nine people having an interest in diverse
transportation modes or environmental issues in Richfield.
• In addition, one vacancy was created on the Planning Commission due to a
resignation. The term expires on January 31, 2004.
• The City Council directed staff to conduct a recruitment to seek additional
applicants for the Arts Commission and Celebrations Commission, as well as for
the Planning Commission and Transportation Committee. The recruitment was
advertised in the Richfield Sun-Current, on cable television channel 16, outside
0422commission
message board at City Hall and Water Plant, and the City's Website. The
application deadline was March 28, 2003.
• Applicants were interviewed at a Special City Council meeting on April 7, 2003.
III. BASIS OF RECOMMENDATION
A. POLICY
• The Arts Commission and Celebrations Commissions were established by
City Council resolution.
• An appointments to fill the vacancy on the Planning Commission will
ensure a quorum for future meetings.
• The Transportation Committee was established by the City Council on
February 25, 2003.
• The Council directed staff to conduct a recruitment. Interviews of the
applicants were conducted at a Special City Council meeting.
B. CRITICAL ISSUES
• Applicants were interviewed at Special City Council meeting on April 7,
2003.
C. FINANCIAL
• N/A
;~ D. LEGAL
• The April 7, 2003 .Special City Council meeting was posted in accordance
with the open meeting law requirements.
IV. ALTERNATIVE RECOMMENDATION~S~
• Defer appointments to a later Council meeting.
V. ATTACHMENTS
• Commission vacancy list
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
M
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AGENDA SECTION: Other Business
AGENDA ITEM # 9
REPORT # 100
STAFF REPORT
CITY COUNCIL MEETING
APRIL 22, 2003
REPORT PREPARED BY:
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
BRUCE SYLVESTER,
PLANNING & ZONING ADMINISTRATOR
NAMr:. Tnzt_
ITEM FOR COUNCIL CONSIDERATION:
Consideration of an appointment of a City Council Member and two City residents to serve on
anew Work Group.
I. RECOMMENDED ACTION:
By Motion: Appoint a City Council liaison and two City residents to
serve on the new "Blending Public Spaces and Private Development"
Work Group.
II. BACKGROUND
• Each year the City Council creates a list of goals for the upcoming year.
• At this the 2003 goal-setting session, the City Council adopted several goals,
including the following:
GOAL 3 BY THE END OF 2003, ESTABLISH COMMUNITY DESIGN
STANDARDS THAT INCI.UpE BUT ARE NOT LIMITED TO: LIGHTING,
SIGNAGE, LANDSCAPING, OPEN SPACE RE(~UIREMENTS
• The Community Development Department has created a work plan for
accomplishing this 'goal.
• The work plan (attached) calls for creating a Work Group consisting of
representatives from the City Council, Housing and Redevelopment Authority
(HRA), Planning Commission, Richfield Beautiful, businesses, and residents.
042203-Appoi ntLiaison.doc
NAMI3, T/TLF.
• This Work Group will meet over afour-month period to daft a set of
`community design standards' for the City Council's review in the fall.
• Michael Schroeder, a landscape architect and urban design expert who has
worked with the City of Richfield staff, will provide limited consulting services
to the Work Group.
• A City Council member is needed to serve on the Work Group that will be
drafting these standards.
• Two City residents are also needed to serve on the Work Group.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City Council has set a goal of establishing `community design
standards' and a Work Group will create these standards.
B. CRITICAL ISSUES
• The Work Group will meet six times over a four month period, from
May through September of this year.
C. FINANCIAL
• N/A
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• N/A
V. ATTACHMENTS
• Work plan for the "Blending Public Spaces and Private Development" Work
Group.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• N/A
Blending Public Spaces and Private Development
Establishing Standards for Lighting, Signage, Landscaping, acid Open Space
1 Purpose
^ To create standards that offer a broader sense of the community's goals for development activities to
enhance a sense of community.
^ To engage community= representatives to fully understand ho~v they view their community and to
distill notions of "Identity" and "Livability", based on the values of the community.
^ To elaborate more qualitative directions and suggestions for development activities. Current design
guidelines and land use plans offer relatively grrantitative information for development projects;
information that is typically missing includes qualitative notions of the "experience" of the place and
ho~v it best fits the surrounding community. In this sense, standards can be particularly important in
the creation of a vital public realm.
2 Intent and goals
^ The intentions of this effort should be directed toward the identification of qualitative values that the
community wants to guide development, so that community values regarding matters such as
identity, livability, and connectedness can become incorporated into development plans.
^ The Lighting, Signage, Landscaping and Open Space Standards (LSLOSS) can;
o Offer a baseline of community values to those interested in development activities in the
City of Richfield;
o Provide guidance about how development activities can be integrated into the community;
o Offer a sense of unity between the various parts of the community;
o Offer assurance to the community that development activities truly enhance the community;
o Build a stronger sense of livability for the Richfield community by recognizing the more
qualitative aspects of development.
These Lighting, Signage, Landscaping and Open Space Standards (LSLOSS) are not:
o intended to replace land use regulations, policies, or other regulations
o intended to replace building development standards or guidelines
o intended to create a Richfield "theme"
3 Process
^ The process of crafting LSLOSS should engage representatives of the community and use their "local
knowledge" of Richfield to frame the LSLOSS.
^ The process might result in potentially divergent opinions, but the process should allow time to build
an understanding of the most appropriate solutions for the LSLOSS.
A Working Group to create the LSLOSS should include representatives as follows:
o Planning Commission (1)
o Ciry CouncIl (1)
o HRA (1)
o Richfield Beautiful (1)
o Business owner (1)
o Residents (2)
o Ciry staff (1)
o Consultant (1)
To Ge designated by the Planning Commission
To Ge designated by the City Council
To be designated Gy the HRA
To he designated by Richfield Beautiful
To 6e designated by the Chamber of Comrrrerce
To be designated by the City Manager or City Council
Bruce Sylvester, Qohn Stark and Bruce N. as needed)
Mid~ael Sc%roeder, to participate on a limited basis.
^ The process will not ask the Work Group to create LSLOSS, but it will rely on their local knowled~c
and values to shape the LSLOSS.
^ In order to fully engage a Work Group, they will be guided through exercises intended to help them
share ideas and glean community values.
o Photograph survey
o Project tours
o Work group meetings
4
Timeline and Schedule
^ The timeline for this process will not be long, but rather a focused effort over a shorter period
of time. It is intended that the Work Group would meet several times over the course of four
months (May through September) to complete the work and forward its recommendations to
the HRA, Planning Commission, and Ciry Council.
^ Work process
o Meeting: Kick off meeting with work group.
o Photograph survey conducted by work group members and compiled
by staff
o Meeting: Work session to review photos; outline initial ideas; identify
tour sites. ,(Michael Schroeder to assist)
o Work group members tour projects on their own or in small groups...
o Meeting: Outline general directions LSLOSS. fMichael Schroeder to
assLSt
o Staff distillation of general directions and creation of draft LST.OSS
o Meeting: Review draft; "test" guidelines against toured projects.
(Michael Schroeder to assist)
o Staff to create second draft of LSLOSS and distribute prior to July
23rd
o Meeting: Review second draft of LSLOSS; outline process for
presentation to HRA, Planning Commission, and Ciry Council
o Presentation of draft LSLOSS to HRA, Planning Commission, and
Ciry Council
o Meeting: Review input offered by HRA, Planning Commission, and
City Council.
o Staff preparation of final LSLOSS and submittal to Ciry Council for
September 23rd meeting.
May 14
May 15-27
June 4
June 5-17
June 18
July
JL~Iy 9
juh~ 10-15
July 23
August
September 3
September 10
Total number of meetings for work group members: 6
5
Application
^ As a tool to assist in guiding development and redevelopment activities in the City of Richfield,
the LSLOSS would apply to:
o Regional corridors -corridors focused on major roadways of regional importance:
• I-494/77~~~ Street
• Cedar Avenue
o Community corridors -more locally focused streets that are particularly important to the
Richfield community:
• 66~h Street
Nr
• 76~~~ Street
• Lyndale Avenue
• Penn Avenue
• Nicollet Avenue
• Portland Avenue ,
o Points of Interest -including gateways into the Ciry and the Downtown area, where the mis
of activities suggests commercial or civic centers for the Richfield community.
^ The LSLOSS are not intended to replace any existing tools meant to guide development activities,
but rather to offer a greater sense of coherency for the community as a whole. In this regard,
development activities will not be seen as islands or isolated activities; they may become catalysts for
the enhancement of the sense of community.
^ ~~/e need to, as a part of this project, demonstrate how the information gained through this process
can be made useful or tangible -- not abstract, particularly since we are attempting to deal with ideas
that are more experiential or qualitative.
AGENDA SECTION: public Hearings
AGENDA ITEM # g
REPORT # qq
J STAFF REPORT
CITY COUNCIL MEETING
APRIL 22, 2003
REPORT PREPARED BY:
GEORGE L. ATKINSON,
ENGINEERING SUPERVISOR
NAME, TITLE
COUNCIL PRESENTER:
TITLE
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and second reading regarding the attached transitory ordinance reallocating
$14,342.61 from the Pleasant Avenue Bike Trail Segments project to the Micro-plane 76th
Street ro'ect.
I. RECOMMENDED ACTION:
(1) Conduct and close the public hearing and by motion: Approve
second reading of the attached transitory ordinance terminating City
Project 47050, Pleasant Avenue Bike Trail Segments and reallocating
the remaining funds in the amount of $14,342.61 to City Project 40025,
Micro-plane 76th Street. (2) Direct the Community Services
Commission to areaare a citizen involvement process.
II. BACKGROUND
Several years ago a resident task force was created to decide the future
configuration of 76th Street. After considerable study the Task Force recommended
that the street be reconfigured to provide only one lane in each direction for
motorized vehicles with an off-road bike trail on the south side of the street. The
new proposal is a low cost alternative to convert the two outer lanes of 76th Street
to on-street bike lanes.
0422micro-plane76th
The City Council last year approved Transitory Ordinance No. 18.13 allocating
;~ $15,000 for the Pleasant Avenue Bike Trail Segments project. When an application
for a state trail grant was rejected, the project was terminated leaving a balance of
$14,342.61 in unspent funds.
Staff is requesting that Council approve the attached transitory ordinance
transferring those unused funds to repair 76th Street from Emerson Avenue to
Lyndale Avenue by micro-planing the concrete panels and striping the street to
create a bike lane in the outer lane of both sides of the street. Council can direct the
Community Services Commission to prepare a citizen involvement process before
any construction work is done.
This project would be a low-cost demonstration to see if the community accepts on-
street bike lanes on 76th Street. If unsuccessful, the road could easily be re-striped
for four traffic lanes.
The concrete pavement panels on 76th Street have moved over the years creating
a 1" to 1 1/2" vertical drop between panels (See attached photo.) This produces an
uneven surface that causes a rough ride and thump-thump-thump sound as you
drive over it. 76th Street neighbors have complained of the sound and vibrations
caused by the uneven surface. Staff proposes to finance the planing of the two
center lanes for the convenience of the motoring public with Municipal State Aid
funds (gas tax dollars). The two outside lanes will be planed and striped to create
bike lanes using the unspent Pleasant Avenue Bike Trail funds mentioned above
together with a Hennepin County Trail Grant in the amount of $6,000.
This work will result in two lanes of through-traffic and two bike lanes on a five-block
segment of 76th Street. However, near Lyndale Avenue the street will return to four
traffic lanes.
III. BASIS OF RECOMMENDATION
A. POLICY
• The proposed Micro-planing and Striping Project on 76th Street is an
inexpensive way to promote biking on 76th Street and provides an
incentive to attract young families to live in Richfield. The 76th Street
bike trail is consistent with the City's Comprehensive Plan.
• Reducing 76th Street west of Lyndale Avenue to two lanes will provide
adequate capacity for the 6000 vehicles per day that use 76th Street.
A two-lane road can adequately handle. between 8,000 and 10,000
vehicles per day.
B. CRITICAL ISSUES
• In previous discussions with residents of 76th Street many preferred
on-street parking to a bike lane.. Currently, on-street parking is allowed
only on Sundays along 76th Street.
• If the segment of 76th Street between Lyndale Avenue and Emerson
Avenue is proven to be successful with residents for on-street biking,
the City could request additional Hennepin County funds to expand
~ the 76th Street bicycle lanes east of Lyndale Avenue in Richfield.
• The City Council conducted a first reading of this transitory ordinance
at its March 25, 2003 meeting.
C. FINANCIAL
• Plans for funding the project are:
• Municipal State Aid (50% or about $20,000)
• Previously allocated City trail (liquor) funds ($14,342.61)
• Hennepin County Trail Grant ($6,000)
D. LEGAL
• Legal notice for the public hearing and second reading were published
in the Sun Current on April 3, 2003.
IV. ALTERNATIVE RECOMMENDATION(S~
• Council could decline to approve the attached transitory ordinance. This
would postpone the creation of the five-block segment of bike lanes on 76th
Street. However, repairs proposed for 76th Street would require different
funding sources. Most likely, additional MSA funds would be necessary.
• Council could consider using additional MSA funds to repair 76th Street but
not allow the conversion of the road for bike lanes.
• Council could consider using additional MSA funds to repair 76th Street but
convert the two outside lanes of the road for on-street parking as opposed to
bike lanes.
• Council could determine that this is not the best -use of City funds at this time
and could direct staff to terminate the project. This would delay repairing the
concrete panels on 76th Street.
V. ATTACHMENTS
• Transitory ordinance re-allocating funds.
• A photo of the vertical drop between two. concrete panels on 76th Street.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None known at this time.
BILL NO.
TRANSITORY ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE TERMINATION AND REALLOCATION
OF FUNDS FROM ONE PROJECT TO ANOTHER PROJECT
CITY OF RICHFIELD DOES ORDAIN:
Section 1: It is found and determined to be necessary and expedient for the City to terminate
City Project 47050, Pleasant Avenue Bike Trail Segments and transfer the remaining funds to
City Project 40025, .Micro-plane 76th Street.
Section 2: The amount of funds for the Pleasant Avenue Trail Segments that was allocated by
Transitory Ordinance No. 18.13 on March 12, 2002 was $15,000. After expenditures of
$657.39 for preliminary studies and surveys, there is a balance of $14,342.61. Funds
originally allocated by Transitory Ordinance can only by transferred by a new Transitory
Ordinance approved by Council.
Section 3: The expenditures herein authorized shall be made pursuant to such contracts as.
are authorized from time to time by Council action.
Passed by the City Council of the City of Richfield this 22nd day of April 2003.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
~~
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AGENDA SECTION: public Hearings
AGENDA ITEM # 7
REPORT # 98
~' STAFF REPORT
CITY COUNCIL MEETING
APRIL 22, 2003
REPORT PREPARED BY:
GEORGE L. ATKINSON,
ENGINEERING SUPERVISOR
NAME; TITLE
COUNCIL PRESENTER:
NaME; TITLE
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and second reading of amendment to Richfield's Nuisance Ordinance,
Subsection 925.01, Subdivision 4, by adding language to prohibit the placement or erosion of
leaves, lawn clippings or soil into a natural waterway or public street, street drain, gutter or
ditch.
RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Approve
second reading of the attached amendment to City Code, Subsection
925.01. Subdivision 4.
II. BACKGROUND
At its regularly scheduled meeting of May 14, 2002, the City Council adopted a
Sediment and Erosion Control ordinance which requires the submittal of a Sediment
and Erosion Control plan and the installation and maintenance of Erosion Control
devices for all construction projects that expose 5000 square feet or more of soil.
City Code, Chapter 925.01 prohibits the obstruction of a waterway by the placement
of "trash, lawn clippings, leaves, rocks, boards or other material."
04221eaves-cuttings-soil
However, these two ordinances do not provide for erosion control on small projects
where less than 5,000 square feet of soil is exposed nor does it prohibit the
placement of leaves, lawn clippings or soil in waterways or gutters unless an
- obstruction is caused. This ordinance change would make it clear that leaves are
not to be raked into the streets and lawn mowers should direct clippings away from
the street. It also provides for erosion control for small construction sites of less than
5000 square feet.
The attached, proposed ordinance change will:
• Allow staff to require contractors on projects where less than 5,000 square feet
of soil is exposed to keep soil on the site and out of streets, storm drains, gutters
and waterways. On these small projects, an erosion control plan will not be
required, but erosion control devices may be required.
• Allow staff to require residents to keep leaves, lawn clippings and soil out of
streets, storm drains, street gutters and waterways for environmental reasons
even if a blockage does not result.
Adoption of the proposed ordinance will allow staff to protect waterways from
pollutants such as yard clippings, leaves, and eroded soils on projects to small to be
included under other recently adopted ordinances. Notice of the provision of this
ordinance will be included in future Your City articles and other communications.
In researching background for this proposal, staff contacted 11 other metro area
~ suburban cities: Bloomington, Eden Prairie, Edina, Hopkins, St. Louis Park,
_ Burnsville, Eagan, Roseville, Plymouth, Lakeville and White Bear Lake. All of these
cities have ordinances that prevent the placement of trash, debris and garbage on
public rights-of--way. Nine of the 11 have very specific prohibitions against
depositing grass clippings, leaves and/or yard waste. The other two. do not
specifically mention yard waste, but could be interpreted to include those types of
waste. Six of the 11 cities also specifically prohibit-the placement of soil on streets
or rights-of--way.
III. BASIS OF RECOMMENDATION
A. POLICY
• Richfield is a leader in storm water rate and quality control. Both the
Comprehensive Plan and previous Council actions have supportedthe
installation of devices meant to improve storm water quality as well as
rate control.
B. CRITICAL ISSUES
• With the enactment of the proposed ordinance amendment, staff will
have the necessarylegal tools to prevent or correct erosion problems
on ali construction sites regardless of size.
• Staff will also have legal authority to work with residents to minimize
~_ the amount of waterborne pollution entering Richfield's ponds due to
leaves and grass clippings being placed in streets, gutters and catch
basins.
• On March 25, 2003 Council conducted a first reading of this ordinance
and ordered this public hearing.
C. FINANCIAL
• There will be some additional costs to builders and property owners
for installing and maintaining erosion control devices on projects with
less than 5,000 square feet of exposed soil. In the long run, however,
Richfield taxpayers will save money on the cost of dredging and
remediation of wetlands.
D. LEGAL
• The legal notice for the public hearing and second reading was
published in the Sun Current on April 3, 2003. There are no additional
legal issues known at this time.
IV. ALTERNATIVE RECOMMENDATION~S~
• Council could decline to approve the proposed ordinance amendment;
however, that action would leave staff without the necessary legal tools to
keep exposed soils from eroding into storm ponds and wetlands from small
construction sites.
V. ATTACHMENTS
• Ordinance amendment
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None known at this time.
BILL NO.
,---~
AN ORDINANCE PROHIBITING PLACEMENT OF LEAVES,
GRASS CLIPPINGS AND SOIL IN PUBLIC STREETS AND WATERWAYS; AMENDING
RICHFIELD CITY CODE SUBSECTION 925.01, SUBDIVISION 4
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 925.01, subdivision 4 of the Richfield City Code is amended
by adding a clause (r) to read as follows:
(r) the placement or dispersal of leaves or lawn clippings or soil into a natural
waterway or public street, street drain, gutter or ditch, or allowing water to place or
deposit eroded soil into a natural waterway or public street, street drain, gutter or ditch.
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 22nd day of April
2003.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION: Consent
AGENDA ITEM # 5~"I
REPORT # 97
~- STAFF REPORT
CITY COUNCIL MEETING
APRIL 22, 2003
REPORT PREPARED BY: TIM OLSON, PROJECT ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR REVIEW: ~ ~' G
G SIGNATU
REVIEWED BY CITY MANAGER: /~
ITEM FOR COUNCIL CONSIDERATION:
Consideration of award of contract for the construction of a screen wall and landscape work at
7601 Knox Avenue Fountainhead A artments .
RECOMMENDED ACTION:
By Motion: Accept bid minutes/tabulation and award a contract for
construction of a screen wall and landscape work at .7601 Knox
Avenue South (Fountainhead Apartments) to Environmental
Associates Inc. in the amount of $97,741. __
II. BACKGROUND
Council approved plans for the construction of a screen wall and landscape work at
7601 Knox Avenue (Fountainhead. Apartments) on March 11, 2003. This work is
necessary to mitigate damages as a result of the right of way takings on the 76th
Street Widening Project. The work was stipulated in the right of way settlement
agreement with Fountainhead Apartments.
The City received competitive bids from five qualified contractors. Bid prices ranged
from $97,741 to $105,981. An Engineer's estimate was approximately $100,000.
III. BASIS OF RECOMMENDATION
~.
A. POLICY
The City has followed the competitive bid process and should award
the contract to the lowest responsible bidder.
• The ad for bid for the construction of a screen wall and landscape
work at 7601 Knox Avenue was published in the Richfield Sun-Current
on March 20, 2003 and in the Construction Bulletin on March 21,
2003.
B. CRITICAL ISSUES
• Construction of the screening wall is part of the Commissioner's
awards in the condemnation on this property.
• The City has arranged a 30 day temporary construction easement
which will expire on June 30, 2003.
C. FINANCIAL
The 76th Street Widening Project is being funded with Municipal State
Aid Construction funds (gas tax monies).
• Cost for right of way expenses are reimbursed through the State Aid
account over a period of 15 years for 75% of the total cost.
,~
D. LEGAL
• The City has accepted the award of Commissioners for the
condemnation on the Fountainhead Apartments property. That award
included responsibilities of the City to construct a screening wall to
mitigate certain damages to the property.
IV. ALTERNATIVE RECOMMENDATION~S~
• None recommended
V. ATTACHMENTS
• Bid Minutes/Tabulation
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
CITY OF RICHFIELD, MINNESOTA
Bid Opening
April 8, 2003
10:00 am
2003 Fountainhead Screening Wall
Bid No. 03-02
City Project No. 40014
Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff
was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting
was to receive, open and read aloud, bids for 2003 Fountainhead Screening Wall, bid
no. 03-02, as advertised in the official newspaper on March 20, 2003 and the
Construction Bulletin on March 21, 2003.
Present: Nancy Gibbs, City Clerk
Pat Dolan, Public Works Representative
Cheryl Krumholz, City Manager Representative
The following bids were submitted and read aloud:
Bidder's Name/City Bid Bond Total. Bid Amount
Jay Bros. Inc. Provided $105,981.00
Forest Lake, MN
Hunerberg Const. Co. Provided $105,000.00
Plymouth, MN
Global Specialty Contractors Provided $99,004.00
Eagan, MN
Environmental Assoc. Inc. Provided $97,741.00
Wilmar, MN
BNM Construction, Inc. Provided $99,895.00
Blaine, MN
The City Clerk announced that the bids would be tabulated and considered at the April
22, 2003 City Council Meeting.
Nancy Gibbs City Clerk
AGENDA SECTION: Consent
AGENDA ITEM # 5g
REPORT # 94
~- STAFF REPORT
CITY COUNCIL MEETING
APRIL 22, 2003
REPORT PREPARED BY: BETSY CxRISTENSEN, SUPPORT SERVICES
MANAGER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR REVIEW: ~ ~C.
SIGNATURE
REVIEWED BY CITY MANAGER: ~ /~ ~j , ~~
\ .~ ~ ~,c,c```
ITEM FOR COUNCIL CONSIDERATION:
Consideration of amendment to the agreement with the City of Bloomington for the provision of
public health nursing services for the City of Richfield for 2003.
I. RECOMNTENDED ACTION:
By Motion: Approve the amendment to the agreement with the City of
Bloomington for the .provision of public health nursing services for
the City of Richfield for 2003.
III. BACKGROUND
Through the unallotment process this year in Minnesota, Governor Pawlenty made
cuts to the Community Health subsidy dollars that are received by Community
Health Services agencies throughout the State of Minnesota to be used for public
health services, of which Richfield is one.
This cut resulted in the foss of subsidy funds to the City of Richfield in the amount of
$22,237. In Richfield's current budget state, it is not an option for Richfield to
n absorb the cost of those cuts itself. Staff contacted the City of Bloomington Public
Health Division Manager and requested that cuts in Richfield's contract with
Bloomington be made in the amount of $22,237.
0422Health Nursing Services Agreement
Fortunately, due to some new dollar streams in funding and the ability to shift other
--. grant dollars, Bloomington was able to reduce the contract amount by $22,237
without it affecting cuts to any service areas.
This is an amendment to Richfield's original contract with the City of Bloomington
for public health services that reflects that decrease in funding.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City of Bloomington has sufficient resources to provide a
professional level of public health services to Richfield residents.
Annual evaluations of their services has shown that they are providing
effective services in a very cost-efficient manner and that Richfield
residents receiving their services are very satisfied.
B. CRITICAL ISSUES
• N/A
C. FINANCIAL
This is a reduction in the contract amount originally approved by the
City Council in October of 2003, in the amount of $22,237.
D. LEGAL
• This amendment was- drafted and reviewed by City Attorney Corrine
Thomson.
IV. ALTERNATIVE RECOMMENDATION~S~
• The Council could decide not to approve the amendment to the original
contract that would mean that Richfield would have to bear the loss in the
amount of $22,237.
V. ATTACHMENTS
• Amendment to agreement between the cities of Bloomington and Richfield to
provide community health services.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
AMENDMENT TO AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND
RICHFIELD TO PROVIDE COMMUNITY HEALTH SERVICES
THIS AMENDMENT is made by and between the City of Bloomington, a
Minnesota municipal corporation, in the County of Hennepin, State of Minnesota
("Bloomington") and the City of Richfield, a Minnesota municipal corporation, the County
of Hennepin, State of Minnesota ("Richfield"); and
WHEREAS, Bloomington and Richfield entered into an agreement titled
"Agreement between the Cities of Bloomington and Richfield to Provide Community
Health Services," dated October 22, 2002 (the "Agreement"); and
WHEREAS, the parties have determined that it is necessary to amend the
Agreement.
NOW, THEREFORE, the parties hereto, for good and valuable consideration,
agree to amend the Agreement as follows:
1. Paragraph 8.a. of the Agreement is amended to read as follows:
a. The annual sum of $162,747 shall be paid in quarterly payments of
$40,686.75 to Bloomington within fifteen (15) days of the receipt by
Richfield of each of the reports to be given pursuant to Paragraph 5. B.
hereof, subject, however, to the provisions of Paragraph 5.C. hereof.
2. Except as expressly amended herein, all other terms of the Agreement
remain in full force and effect.
3. This amendment shall be effective beginning with the quarterly payment to be
made in April 2003.
CITY OF BLOOMINGTON
Dated: BY
Its Mayor
Dated: BY
Its Mayor
Reviewed and approved by the City Attorney:
City Attorney
Dated:
Dated:
Reviewed and approved by the City Attorney
CITY OF RICHFIELD
By
Its Mayor
By
Its Manager
City Attorney
AGENDA SECTION: Consent
AGENDA ITEM # SD
REPORT # 93
STAFF REPORT
CITY COUNCIL MEETING
APRIL 22, 2003
REPORT PREPARED BY:
GEORGE L. ATKINSON, ENGINEERING
SUPERVISOR
NAA~; TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of first reading of proposed Franchise Ordinance and Agreement with
Centerpoint/Minnegasco allowing and setting terms for Centerpoint's use of the City right-of-
i wa and settin the ublic hearin and second readin for Ma 27, 2003.
I. RECOMMENDED ACTION:
By Motion: Approve first reading of the attached Franchise Ordinance
and Agreement between the City of Richfield and
Centerpoint/Minnegasco and schedule a public hearing and second
reading for Mav 27, 2003.
II. BACKGROUND
The current Franchise Agreement with Centerpoint/Minnegasco will expire on June
30, 2003. Attached is an updated ordinance meant to replace the soon to expire
ordinance. In addition to granting Centerpoint/Minnegasco the right to use City
controlled right-of-way (r-o-w) for the installation, maintenance and repair of gas
distribution facilities, the agreement spells out the rights and responsibilities
incurred by each of the parties to the agreement. As with the previous agreement,
the new agreement allows the City to impose franchise fees.
0422FranchiseCenterpoint
III. BASIS OF RECOMMENDATION
A. POLICY
It is necessary that the City work with the privately owned utility
companies like CenterpointlMinnegasco to provide necessary services
to Richfield residents. Federal and State law also obligates the City to
allow private utility infrastructure to be placed, operated and
maintained in City r-o-w.
• Centerpoint/Minnegasco has had the opportunity to review and
comment on this agreement. Centerpoint's staff has indicated that the
company will accept the current language and will execute the
agreement as is.
B. CRITICAL ISSUES
• Other than the need to replace the existing and soon-to-be-expired
Franchise Agreement, there appears to be no critical issues
surrounding this ordinance approval.
C. FINANCIAL
• As proposed, this ordinance will not increase the cost of gas service to
Richfield residents.
~,
D. LEGAL
• Attorney James Strommen of Kennedy and Graven has been a part of
the staff team that drafted this agreement and held meetings with City
staff and representatives of Centerpoint/Minnegasco.
• There are no legal issues known at this time that would affect passage
and implementation of this ordinance/agreement.
IV. ALTERNATIVE RECOMMENDATION(S~
• Council could decline to approve this agreement, but it is advisable to have.
such an agreement in place as it provides the basis for the ongoing
relationship between Centerpoint/Minnegasco and Richfield.
V. ATTACHMENTS
• A copy of the proposed Franchise Agreement.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None known at this time. A representative of Centerpoint/Minnegasco will
have been notified of the time and date of the consideration of this
agreement. Whether someone will attend or not is unknown.
GAS ORDINANCE
CENTERPOINT ENERGYMINNEGASCO
ORDINANCE NO.
CITY OF RICHFIELD HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE GRANTING CENTERPOINT ENERGY MINNEGASCO, A DIVISION
OF CENTERPOINT ENERGY RESOURCES CORP., A DELAWARE CORPORATION,
ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT,
OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE
TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY
FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS
OF THE CITY OF RICHFIELD, MINNESOTA, FOR SUCH PURPOSE; AND,
PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF.
THE CITY COUNCIL OF THE CITY OF RICHFIELD, HENNEPIN COUNTY,
MINNESOTA, ORDAINS:
SECTION 1. DEFINITIONS.
For purposes of this Ordinance, the following capitalized terms listed in alphabetical order
shall have the following meanings:
City. The City of Richfield, County of Hennepin, State of Minnesota.
City Utility System. Facilities used for providing public utility service owned or operated
by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic
signals, but excluding facilities for providing heating, private lighting, or other forms of energy.
Commission. The Minnesota Public Utilities Commission, or any successor agency or
agencies, including an agency of the federal government, which preempts all or part of the authority
to regulate gas retail rates now vested in the Minnesota Public Utilities Commission.
Company. CenterPoint Energy Minnegasco, a division of CenterPoint Energy Resources
Corp., a Delaware corporation, its successors and assigns including all successors or assigns that
own or operate any part or parts of the Gas Facilities subject to this franchise.
Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all
necessary equipment and appurtenances owned or operated by the Company for the purpose of
providing gas energy for public or private use.
Gas. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other
forms of gas energy.
JMS-228788v4
RC145-326
Non-Betterment Costs. Costs incurred by Company from relocation, removal or
rearrangement of Gas Facilities that do not result in an improvement to the Gas Facilities.
Notice. A writing served by any party or parties on any other party or parties. Notice to
Company shall be mailed to CenterPoint Energy Minnegasco, V.P., Regulatory & Supply Service,
800 LaSalle Avenue, Minneapolis, MN 55402-2006. Notice to the City shall be mailed to the City
Manager/Administrator, City of Richfield, 6700 Portland Avenue South, Richfield, MN 55423.
Any party may change its respective address for the purpose of this Ordinance by written notice to
the other parties.
Public Way. Public right-of--way within the City as defined in Minn. Stat. § 237.162,
subd. 3.
Public Ground. Land owned or otherwise controlled by the City for park, open space or
similar public purpose, which is held for use in common by the public.
SECTION 2. ADOPTION OF FRANCHISE.
2.1. Grant of Franchise. City hereby grants Company, for a period of 20 years from the
date this Ordinance is passed and approved by the City, the right to import, manufacture, distribute
and sell gas for public and private use :within and through the limits of the City as its boundaries
now exist or as they may be extended in the future. This right includes the provision of Gas that is
(i) manufactured by the Company or its affiliates and delivered by the Company, (ii) purchased and
delivered by the Company or (iii) purchased. from. another source by the retail customer and
delivered by the Company. .For these purposes, Company may construct, operate, repair and
maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject
to the provisions of this Ordinance.. Company may do all reasonable things necessary or customary
to accomplish these purposes, subject however, to such lawful regulations as may be adopted by
separate ordinance and as currently exist under City Right of Way (ROW) Ordinance , or
other applicable ordinances or as they may be lawfully amended from time to time during the
franchise term. The Company shall be notified 60 days in advance of proposed changes to City
Code (ROW) By agreeing to the City's right to incorporate amendments to City Code
(ROW) into this Ordinance during he franchise term, Company does not waive its right to
challenge any such amendment, in accordance with Section 2.5 of this Ordinance and based on the
limits of City police power authority under Minnesota law. If a provision of City Code (ROW)
conflicts with a provision on the same subject in this Ordinance, this Ordinance will control.
2.2. Effective Date; Written Acceptance. This franchise shall be in force and effect
from and after its passage of this Ordinance and publication as required by law and its acceptance
by Company. If Company does not file a written acceptance with the City within 90 Days after the
date the City Council adopts this Ordinance, or otherwise places the City on written notice, at any
time, that the Company does not accept all .terms of this franchise, the City Council by resolution
may either repeal this ordinance or seek its enforcement in a court of competent jurisdiction.
2.3. Service and Gas Rates.. The service to be provided and the rates to be charged by
Company for gas service in City are subject to the jurisdiction of the Commission
JMS-228788v4 2
RC145-326
2.4. Publication Expense. The expense of publication of this Ordinance shall be paid
by Company.
2.5. Dispute Resolution. If either party asserts that the other parry is in default in the
performance of any obligation hereunder, the complaining party shall notify the other party of the
default and the desired remedy. The notification shall be written. Representatives of the parties
must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute
is not resolved within 30 days of the written notice, the parties may jointly select a mediator to
facilitate further discussion. The parties will equally share the fees and expenses of this mediator.
If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first
meeting with the selected mediator, either parry may commence an action in District Court to
interpret and enforce this franchise or for such other relief permitted by law.
2.6. Continuation of Franchise. If the City and the Company are unable to agree on the
terms of a new franchise by the time this franchise expires, this franchise will remain in effect until
a new franchise is agreed upon, or unti190 days after the City or the Company serves written Notice
to the other parry of its intention to allow the franchise to expire.
SECTION 3. LOCATION, OTHER REGULATIONS.
3.1. Location of Facilities. Subject to regulation under City Code (ROW) ,Gas
,~ Facilities in the Public Way shall be located, constructed, and maintained so as not to disrupt normal
_ operation of any City Utility System. Gas Facilities may be located on Public Grounds as
determined by the City.
3.2. Restoration of Public Ways and Public Ground.
A. Restoration of the Public Way shall be subject to City Code (ROW)
B. After completing work requiring the opening of Public Ground, the Company
shall restore the Public Ground to as good a condition as formerly existed, and
shall maintain the surface in good condition for one (1) year on unpaved
surfaces, two (2) years on paved surfaces thereafter. All work shall be
completed as promptly as weather permits. If Company shall not promptly
perform and complete the work, remove all dirt, rubbish, equipment and
material, and put the Public, Ground in the said condition and after demand to
Company to cure, City shall, after passage of a reasonable period of time
following the demand, but not to exceed ten working days, have the right to
make the restoration of -the Public Ground at the expense of Company.
Company shall pay to the City the cost of such work done for or performed by
the City or it's assigned. This remedy shall be in addition to any other remedy
available to the City for noncompliance with this Section.
3.3. Waiver of Performance Security. The City hereby waives any requirement for
Company to post a construction performance bond, certificate of insurance, letter of credit or any.
other form of security or assurance that maybe required under City Code (ROW) currently
JMS-228788v4 3
RC145-326
or in the future. The City reserves all other rights under City Code (ROW) to enforce
Company performance requirements for work in the Public Way or Public Ground.
3.4. Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person
from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities
while performing any activity.
SECTION 4. RELOCATIONS.
4.1. Relocation of Gas Facilities.
A. Relocation of Gas Facilities in Public Ways shall be subject to City Code
(ROW)
B. City may require Company at Company's expense to relocate or remove its Gas
Facilities from Public Grounds upon a finding by City that the Gas Facilities
have become or will become a substantial impairment to the existing. or
proposed public use of the Grounds. Relocation Gas Facilities in Public Ground
shall comply with applicable City ordinances consistent with law.
4.2. Proiects with Federal Funding. Relocation, removal, or rearrangement of any
Company Gas Facilities made necessary because of the extension into or through
City of a federally-aided highway project shall be governed by the provisions of
Minnesota Statutes Section 161.46, as supplemented or amended. The City is not
obligated. to pay Company for those portions of its relocation costs for which City
has not received federal funding.
4.3. No Waiver. The provisions of Section 4 apply only to Gas Facilities constructed
in reliance on a permit or franchise from City and Company does not waive its
rights under an easement or prescriptive right or State or County permit.
SECTION 5. CHANGE IN FORM OF GOVERNMENT.
Any change in the form of government of the City shall not affect the validity of this
Ordinance. Any governmental unit succeeding the City shall, without the consent of Company,
succeed to all of the rights and obligations of the City provided in this Ordinance.
SECTION 6. FRANCHISE FEE.
6.1. Reservation of Rights. The City reserves all rights under Minn. Stat. § 216B.36,
to require a franchise fee at any time during the term of this franchise. If the City elects to
require a franchise fee it shall notify Company and negotiate in good faith to reach a mutually
acceptable fee agreement, which shall be set forth in a separate ordinance and not adopted until
at least 60 days after Notice .enclosing such proposed ordinance has been served upon the
Company by certified mail. If the City and Company are unable to agree on a franchise fee or on
JMS-228788v4 tl.
RC145-326
any terms related thereto, each hereby consents to the jurisdiction of State District Court,
Hennepin County, to construe their respective rights under the law, subject to all rights of appeal.
SECTION 7. LIMITATION ON APPLICABILITY; NO WAIVER.
This Ordinance constitutes a franchise agreement between the City and its successors and
the Company and its successors and permitted assigns, as the only parties. No provision of this
franchise shall in any way inure to the benefit of any third person (including the public at large)
so as to constitute any such person as a third party beneficiary of the agreement or of any one or
more of the terms hereof, or otherwise give rise to any cause of action in any person not a party
hereto. This franchise agreement shall not be interpreted to constitute a waiver by the City of any
of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466.
SECTION 8. AMENDMENT PROCEDURE.
Either party to this franchise agreement may at any time propose that the agreement be
amended. This Ordinance may be amended at any time by the City passing a subsequent ordinance
declaring the provisions of the amendment, which amendatory ordinance shall become effective
upon the filing of Company's written consent thereto with the City Clerk within 60 days after the
effective date of the amendatory ordinance.
SECTION 9. PREVIOUS FRANCHISES SUPERSEDED.
This franchise supersedes and replaces previous franchises granted to the Company or its
predecessors. Upon Company acceptance of this franchise under Section 2.2, the previous franchise
shall terminate.
Passed and approved:
Attest:
City Clerk, Richfield, Minnesota
JMS-228788v4
RC145-326
Mayor of the City of Richfield, Minnesota
5
AGENDA SECTION: Consent
AGENDA ITEM # ~r~
REPORT # a~
J STAFF REPORT
CITY COUNCIL MEETING
APRIL 22, 2003
BRUCE SYLVESTER,
REPORT PREPARED BY: PLANNING & ZONING ADMINISTRATOR
COUNCIL PRESENTER:
NAMri; TiTi.r.
DEPARTMENT DIRECTOR REVIEW:
~J
SIGNATURE
REVIEWED BY CITY MANAGER: ~~~
ITEM FOR COUNCIL CONSIDERATION:
Consideration of attached resolution declaring the adequacy of petition for vacation of right-of-
way, conducting a first reading of a Transitory Ordinance to vacate right-of-way, and calling for
a public hearing to consider the request to vacate right-of-way.
I. RECOMMENDED ACTION:
By Motion: Adopt the attached resolution declaring the adequacy of
petition for vacation of right-of-way;
By Motion: Conduct a first reading of a Transitory Ordinance to
vacate right-of-way; and Call for a Public Hearing on May 27, 2003 to
consider the request to vacate right-of-wav.
Madison-Marquette Realty Services, on behalf of Principal Life Insurance
Company-owners of Soufhdale Square at 66th Street West and Xerxes Avenue
South in Richfield-has submitted a petition requesting the vacation of the 6500
block of Xerxes Avenue South. Please see attachment `A' for a survey of the area
in question.
• The municipal boundary separating Richfield from Edina runs down the
centerline of Xerxes Avenue
042203-VacateXerxes.doc
• There are two parcels abutting this portion of Xerxes Avenue. 1) The parcel
containing Southdale Square abuts Xerxes Avenue on the Richfield side, 2)
The parcel containing the former Richfield Bank and Trust building, currently
owned by M&I Bank, abuts Xerxes Avenue on the Edina side.
• Signatures on the petition to vacate the 6500 block of Xerxes Avenue have
been obtained from M&I Bank and Principal Life Insurance Company (owner
of Southdale Square).
• The applicant is proposing to replace the existing bank building on the Edina
side with a new commercial development, including a new retail building and
additional parking.
III. BASIS OF RECOMMENDATION
A. POLICY
• Richfield City Charter Section 13.05 specifies procedures for the City
Council to vacate a street or alley.
• Richfield City Code section 820.05 states that the Council'"shall by
resolution acknowledge receipt of any petition. The Council shall also
set the date for a public hearing on any proposed street vacation. No
vacation may be made unless it appears in the interest of the public to
do so. Not less than ten days prior to the public hearing, a notice shall
be published once in the official newspaper and sent by mailed notice
to the owner and residents."
B. CRITICAL ISSUES
• The proposed redevelopment of this site lies in the City of Edina. The
City of Edina has granted preliminary approval to the proposed
redevelopment. Richfield's review of this proposal is limited to the
requested vacation of Xerxes Avenue and does not include the review
of details of the proposed redevelopment such as parking or other
matters.
• The Hennepin County Registrar of Deeds and Titles and public utilities
have received notice of this right-of-way 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. Easements for-those utilities,
which are identified, will be provided when the street is vacated.
• There are no-city-owned or maintained utilities in the area to be
vacated.
C. FINANCIAL
• N/A
D. LEGAL
1 _ 1 • In order to be determined adequate, the petition must be signed by the
owners of half of the land abutting on the right-of--way to be vacated.
Richfield City Code subsection 820.03. This requirement is met.
• 60-DAY RULE: 60 day clock `started' when a complete application
~, was received on April 2, 2003. A decision must be given to the
applicant by June 1, 2003 OR the Council must notify the applicant
that it is extending the deadline (up to a maximum of 60 additional
days or 120 days total) for issuing a decision.
IV. ALTERNATIVE RECOMMENDATION(S~
• N/A
V. ATTACHMENTS
• City Council Resolution finding the petition to be adequate
• Draft City Council Transitory Ordinance to vacate the alley
• Attachment `A'-certificate of survey showing right-of-way to be vacated
• Petition requesting vacation of right-of--way in the 6500 block of Xerxes
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Ms. Wendy Aaserud, Madison-Marquette, petitioner.
RESOLUTION NO.
(~ RESOLUTION DECLARING ADEQUACY OF PETITION FOR
VACATION OF RIGHT-OF-WAY AND
CALLING FOR A PUBLIC HEARING
ON THE REQUEST TO VACATE RIGHT-OF-WAY
WHEREAS, the City has received a petition for the vacation of the 6500 Block of
Xerxes Avenue South; and
WHEREAS, Richfield City Code Subsection 820.03 requires that a petition for
vacation of a street or alley be signed by the owners of at least half of the land abutting the
street or alley to be vacated; and
WHEREAS, There are two properties that abut the 6500 block of Xerxes, one on
the Richfield side and one on the Edina side. The owners of both of these parcels have
signed the petition for vacation of the right-of--way.
BE IT RESOLVED by the City Council of Richfield, Minnesota as follows:
A certain petition requesting the vacation of the 6500 block of Xerxes Avenue
South in the City of Richfield, filed with the city on February 3, 2003, is
declared to be signed by the owners of the required percentage of property
affected thereby. This declaration is made in conformity with Richfield City
Code Subsection 820.03.
2. A public hearing on the proposed alley vacation is scheduled for May 27,
2003. The City Clerk is directed to publish notice of the public hearing in the
City's official newspaper once not less than 10 days prior to the public
hearing.
Adopted by the City Council of the City of Richfield, Minnesota this April 22nd, 2003.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
BILL NO.
~~
TRANSITORY ORDINANCE NO.
AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY AND
PUBLIC UTILITY EASEMENTS
6500 Block of Xerxes Avenue South, Richfield
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1: The following described lands are subject to the easements as described
below for right -of--way purposes ("Street Easement"):
That part of the west 33.00 feet of Lot 9, "Richfield Gardens", according to the
recorded plat thereof, Hennepin County, Minnesota lying north of the south 16.00
feet thereof. Containing 19,154 square feet more or less.
Sec. 2: The City of Richfield has received a petition for the vacation of the Street
Easement, and the City Council has determined the petition to be adequate by Resolution
No.
Sec. 3: The Street Easement is not required for access to abutting properties.
Sec. 4: There are no City-owned water or sewer facilities located within the Alley
Easement.
Sec. 5: The City has notified the service providers for gas, electric, telephone, and
n cable communications services of the proposed vacation, and the following facilities are
reported to be located in the Street Easement: CenterPoint Energy-Minnegasco natural
gas main; Qwest buried cable; and overhead and underground Xcel facilities.
Sec. 6: The Council finds that there is not a public need for the Street Easement but
that there is a continuing need for easements for electric, gas, and telephone/
telecommunications purposes over the following described portion of the Street Easement:
).
Sec. 7: The Street Easement is vacated reserving, however, to the publican
easement for electric, gas, and telephone/ telecommunications purposes over the following
described area: )-
Sec. 8: The vacation of the Street Easement is effective 30 days following .
publication of this ordinance. The City Clerk is directed to prepare a certificate of
completion of vacation proceedings-and to record the vacation in the office of the
Hennepin County Registrar of Titles or Hennepin County Recorder, as appropriate.
Passed by the City Council of the City of Richfield, Minnesota this May 27th, 2003.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
~CII ~ V i LuU~ ~ ~J!'i;i
~ .,
F:~-
I+iau i JUu ma I ~,~,it ~ ~ ~ ' - - ~ ~ -
pE1'ITION FOR VACATION OF STRF~TS,
AL~LEY3, AND pUB~IC GrROU4VDg
ro: testa ~ty.councft
We, t~ and ~ T~~ SQO ~ 1~~
~&~ P of land abnttl~ a Xtr hereby petition that such
' ~~ be vacated by tha City of Ric~$oid.
,~
n
r --- -,... J ..rte rc~ .wrw~i~ff ~Ji6rl~~i~0/t ~' S7«)!~`@d ~ ~18 '~.
_~
1
~TITION' FOR VACATION OF STREET'S,
. ®~® '~'~~ AVID P'UBIdC GROUNDS
Ta: Richi~eid City Couaclt
We the un "T~•t 5~ ~ ~o~
• derseS'nea of ~d abutdAg ~ ~ zr
. ,. bevacated by the City of Richfield. ~ hereby pelilioA thaac such
_ __~~ . ~~ ~~~ Nisi ~-6sfsiNl~ Llf STfDI7~EQ fi/ ~L C~~
PROPOSEQ ROAD VACATION EXH-BIT FOR: -
MADISON MARQUETTE REALTY SERVICES
~M.
~M.
~' ~ ~. s~~
PROPERTY ADDRESS:
LEGAL DESCRIPTION:
3100 66th Street West, Edina, Minnesota.
Parcel 1:
That part of Lot 5 described as beginning at a point on the East line
thereof 130 feet South of the Northeast corner thereof; thence West
parallel to the South line of said Lot to a point of intersection with a
line drawn from a point on the North line of said Lot distant 221.1 feet
West of the Northeast corner of said Lot to a point on the South line
of said Lot distant 219.1. feet West of the Southeast corner of said Lot;
thence South to a point on the South fine of said Lot distant 219.1
feet West of the Southeast corner of said Lot; thence East to the
Southeast corner of said Lot; thence North along the East line of said
Lot to the point of beginning, "Cassin's Outlots", except that -part
embraced in Xerxes Avenue Addition, Hennepin County, Minnesota.
Parcel 2:
That part of Lot 5, Cassin's Outlots, lying southeasterly or York
South and Westerly of a Southerly extension of the West line of
Avenue Addition, Hennepin County, Minnesota.
CERTIFICATION:
I hereby certify that this exhibit
that I am a duly Licensed Lond
of Minnesota.
Avenue
Xerxes
was prepared under my supervision and
Surveyor under the laws of the State
Dated this 21st day of January, 2003.
~ ~_ EGAN, FIELD & NOWAK, INC.
SURVEYORS
~I
a l
by. ./d.
~ I
I Daniel G. Nickols
I
I Minnesota License No. 19839
I
I NOTE:
1. This exhibit does not purport to show all improvements or easements
v i which may affect the property. Information shown hereon was taken
I from an Egan, Field & Nowak, Inc. survey dated December 15, 2002.
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DENOTES PROPOSED CITY OF EDINA ROAD VACATION
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AGENDA SECTION: Consent
AGENDA ITEM # sr.~
REPORT #
STAFF REPORT
CITY COUNCIL MEETING
APRIL 22, 2003
BRUCE SYLVESTER,
REPORT PREPARED BY: PLANNING & ZONING ADMINISTRATOR
COUNCIL PRESENTER:
' NAME, TITLE
r
DEPARTMENT DIRECTOR REVIEW: ~'~ ~ ,'`
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the attached resolution for an off-street parking permit at 2409 West 66th
Street.
I. RECOMMENDED ACTION:
By motion: Approve the attached resolution for an off-street parking
permit at 2409 West 66th Street.
II. BACKGROUND
• Steve Parsley, owner of the property at 2409 West 66th Street, is requesting
an off-street parking permit to add additional off-street parking spaces for his
office building.
The site currently contains an office building with approximately 2,500 square
feet of space and six off-street parking spaces.
City parking standards require office uses to have ten parking spaces or one
space for every 250 square feet of building area, which ever is greater.
Using this criteria, Mr. Parsley's office building at 2409 West 66th Street
should have ten off: stree# parking spaces.
Mr. Parsley is proposing to provide five additional parking stalls, for a total of
11 off-street parking spaces, by creating a new parking area off the alley
located to the south of his property.
0422-0 S P-2409-W-66th . d o c
The applicant has passed site plan review with staff, where the following matters
were satisfactorily addressed in the parking lot site plan:
• The parking will be adequate relative to anticipated need.
• Adequate traffic control devices and safety features have been incorporated
into the design of the parking lot.
• Stormwater management, lighting, and landscaping are adequate.
• The impact on nearby streets and intersections will be negligible. The new
parking area will be serviced from the alley.
• The parking lot meets parking lot standards, for drive aisle width, stall
dimensions, landscaping, and the provision of handicapped spaces. The
Public Works Department has approved the proposed driveway entrance
onto the alley.
• The parking lot meets setback requirements on the east, west, and north
sides but does not meet City standards for setbacks on the south side, where
it is adjacent to the alley. City standards require a minimum three-foot
setback for parking lots adjacent to right-of--ways; however, such a setback
would make it impossible to improve this parcel as desired. Both the
applicant and City staff want to leave sufficient unpaved area around an
existing mature oak tree to insure its survival. Therefore, City staff has
recommended that the required three-foot setback along the alley be
reduced to zero to allow additional unpaved land around the oak tree.
III. BASIS OF RECOMMENDATION
A. POLICY
• Procedures for issuance of an off-street parking permit are outlined in
City Code Section 800.17, which authorizes the City Council to issue. a
permit after determining that the requested parking area will not have
an adverse effect upon the public safety or general welfare of the
community.
B. CRITICAL ISSUES
• N/A
C. FINANCIAL
• N/A
D. LEGAL
• 60-DAY RULE: 60 day clock `started' when complete application was
received on April 10, 2003. A decision must be given to the applicant
by June 9, 2003 OR the Council must notify the applicant that it is
extending the deadline (up to a maximum of 60 additianal days. or 120
days total) for issuing a decision.
IV. ALTERNATIVE RECOMIVIENDATION(S~
• Deny the request for an off-street parking permit with a finding that the proposal
y . would have an adverse impact on adjacent properties or the City as a whole.
V. ATTAC~IMENTS
• City Council resolution
• Site Plan
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Mr. Steve Parsley, applicant and owner of 2409 West 66th Street.
1, l
RESOLUTION NO.
~~.
RESOLUTION GRANTING AN OFF-STREET PARKING PERMIT
AT 2409 WEST 66TH STRET
WHEREAS, an application has been filed with the City of Richfield which requests
approval of an off-street parking permit for the parcel of land located at 2409 West 66th
Street, legally described as:
Lots 4 and 5, Block Two, Tingdale Brothers Lincoln Hills
WHEREAS, the requested off-street parking permit has been reviewed by staff
and meets city requirements; and
. WHEREAS, the proposed parking area will adequately serve the purpose for which
it is proposed and will not have an adverse effect upon the public safety or general welfare;
and
WHEREAS, the City has fully considered the request for approval for the off-Street
Parking permit.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
That an off-street parking permit for 2409 West 66th Street is hereby approved
for a parking area as detailed in the site plan entitled "2409 W. 66th Street", and
drawn by the Steve Parsley.
Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of
April, 2003.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
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