10-28-03 agendaCITY OF RICHFIELD, MINNESOTA
TUESDAY, OCTOBER 28, 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 meefing.
Notes:
Pledge of Allegiance
Approval of minutes of Regular City Council Meeting of October 14, 2003
PRESENTATION
1. Presentation of Director of Public Safety award to Robert Riley recognizing volunteer
work with Crime Prevention Unit
Notes:
COUNCIL DISCUSSION
2. Council discussion
• Resolution supporting Richfield Public Schools Capital Projects Levy Referendum
for Technology (deferred from October 14, 2003)
• Hats Off To Hometown Hits
Notes:
CITY MANAGER'S REPORT
3. City Manager's report
• October HRA meeting canceled - no Executive Director report
~1 Notes:
AGENDA APPROVAL
~\~ 4. Council approval of agenda
~:
CONSENT CALENDAR
5. Consent Calendar contains several separate items which are acted upon by the City
Council in one motion. Once the Consent Calendar has been approved, the individual
items and recommended actions have also been approved. No further Council action is
necessary. However, any Council Member may request that an item be removed from
the Consent Calendar and placed on the regular agenda for Council discussion and
action. All items listed on the Consent Calendar are recommended for approval.
A. Consideration of approval of resolution providing for sale of $3,000,000 General
Obligation Taxable Tax Increment Bonds,-Series 2003C; Kensington Park Project
S.R. No. 239
B. Consideration of approval of purchase of Ricoh 2090 copying system from Metro
Sales, Inc. in amount of $30,131 S.R. No. 240
C. Consideration of approval of new multi-animal residential kennel license; 7300 Upton
Avenue; two dogs and four cats S.R. No. 241
D. Consideration of approval of multi-animal residential kennel license renewal; 6654
Newton Avenue; three dogs and two cats S.R. No. 242
Notes:
6. Consideration of items, if any, removed from Consent Calendar
Notes:
PUBLIC HEARING
7. Public hearing regarding resolution authorizing conditional use permit to allow
motorcycle, snowmobile and small engine repairs and limited stales at 6525 Penn
Avenue
Staff Report No. 243
Notes:
RESOLUTION
8. Consideration of resolution awarding sale of $710,000 General Obligation Capital
Notes, Series 20036
Staff Report No. 244
Notes:
OTHER BUSINESS
9. Consideration of options regarding leased retail space in Richfield Ice Arena, 636 East
66th Street
Staff Report No. 245
Notes:
10. Consideration of selection of contractor to conduct low frequency noise monitoring
__ __.along .easfern_bouler of_Richfield -
Staff Report No. 246
Notes:
11. Consideration of Mayor's appointment of HRA Commissioner for five-year term
expiring October 2008 (deferred from October 14, .2003)
Staff Report No. 247
_\
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
ofhers. 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:
13.Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be
made at least 96 hours in advance to the Administrative Services Director at 612-861-9702.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
~~ STAFF REPORT
CITY COUNCIL MEETING
OCTOBER 28, 2003
OTHER BUSINESS
247
REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASST.
Nance, TITLE
COUNCIL PRESENTER: MARTIN ~. KIRSCH, MAYOR
ITEM FOR COUNCIL CONSIDERATION:
Consideration of Council confirmation of Mayor's appointment of Housing and Redevelopment
Authority Commissioner to fill an expired term (deferred from October 14, 2003).
II I. RECOMMENDED ACTION: II
By motion: Confirm the Mayor's appointment of an HRA
Commissioner for a five year term expiring October 2008 (deferred
from October 14, 2003
~ II. BACKGROUND ~
The term of HRA Commissioner Mike Sandahl expires October 2003. Commissioner
Harms was appointed to the HRA in 1993.
The City Council deferred this item from their October 14, 2003 meeting.
III. BASIS OF RECOMMENDATION
A. POLICY
• Under State law, the Mayor appoints HRA Commissioners subject to
confirmation of the City Council.. The Mayor has indicated he will make an
appointment to the HRA for a five year term at the October 28, 2003 Council
meeting.
B. CRITICAL ISSUES
~, To ensure a quorum at future meetings, the Council should take action on this
item on October 28.
1028hra
C. LEGAL
" • None
~~i IV. ALTERNATIVE RECOMMENDATION(S~
• The Council could decide not to confirm the Mayor's appointment.
• If the Council does not approve the Mayor's appointment, a quorum may not be
present at future HRA meetings.
V. ATTAC~IMENTS
• None.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
~,
AGENDA SECTION: Other Business
AGENDA ITEM # 10
REPORT # 246
J STAFF REPORT
CITY COUNCIL MEETING
OCTOBER 28, 2003
PAM DMYTRENKO, ASSISTANT TO THE CITY
REPORT PREPARED BY: MANAGER
NAME, TITLE
COUNCIL PRESENTER:
r~
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the selection of a contractor in response to the City's Request for Proposal
(RFP) to conduct Low Frequency Noise monitoring or postpone the study to allow time for
more proposals to be sought.
I. RECOMMENDED ACTION:
By Motion: Select a contractor from the two responses to the City's
Request for Proposal (RFP) to conduct low frequency noise
monitoring along the eastern border of Richfield or postpone the
monitoring to allow more time to seek proposals.
III. BACKGROUND ~
On September 23, 2003, the City Council voted to pursue proposals from. noise
experts nationwide in order to conduct monitoring of low frequency noise (LFN)
levels along the eastern border of Richfield. The results of the monitoring would
provide baseline data to use for comparison purposes once the new North/South
Runway becomes operational in late 2005.
The City sent Request for Proposals (RFP) to a list of six contractors (list attached)
that it determined would be qualified to conduct the noise monitoring. Only two
proposals were received by the October 17 deadline: Orfield Laboratories, Inc.
(Minneapolis, MN) and Fidell Associates, Inc. (Woodland Hills, CA). Both proposals
are attached for the Council's consideration. In addition, Steve Orfield, Principal of
Orfield Labs, has extended an invitation to Council members interested in touring
1028LFN Proposals
their facility, located in Minneapolis. Orfield's email invitation is also attached to this
report.
The City's RFP stipulated that monitoring work commence by the week of
November 3, 2003, with a study and analysis completed by February 1, 2004. To
keep on this timeline, the Council must make a decision quickly. However, given
that only two proposals were received and that the North/South Runway will not be
operational until late 2005, the Council could consider postponing the monitoring
project until as late as next fall.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City Council has adopted as one of its goals to "pursue
actions/funding to put in place low frequency noise monitoring
equipment prior to the operation of the new runway." (Goals
Worksession January 2003). The City is committed to establishing a
direct correlation between the operation of the North/South Runway
and the noise experienced by residents on the east side of Richfield.
Strong evidence of the existence of LFN would provide a much
stronger case for mitigation funding.
B. CRITICAL ISSUES
• In order to gather baseline data, the noise monitoring must be
conducted prior to the operation of the North/South Runway, slated for
late 2005. If not conducted this fall, monitoring must be completed no
later than fall of 2004.
• The Council must determine if two bids provide enough of a pool from
which to choose a contractor to conduct the monitoring, or if it is
necessary to be able to select from a greater pool of bids. However,
projects this size generally do not generate bids from the bigger
acoustical labs.
C. FINANCIAL
• According to the two proposals received, the cost to conduct the noise
study range from $38,400 (Fidel) Associates, Inc.) to $58,000 (Orfield
Laboratories, Inc.).
D. LEGAL
• None
ALTERNATIVE RECOMMENDATION(S)
• Postpone the study in order to try to seek additional responses to the City's
RFP. Because the North/South Runway will not be operational until late
2005, the noise monitoring could be conducted next year instead.
V. ATTACHMENTS
• Proposal from Fidel) Associates, Inc.
• Proposal from Orfield Laboratories, Inc.
• Email invitation from Steve Orfield, Orfield Labs.
• List of consultants that received the City's RFP.
~ VI. PRINCIPAL PARTIES EXPECTED A? MEETING ~
• None
FIDELL ASSOCIATES PROPOSAL 0303
Prepared in Response to
CITY OF RICHFIELD
REQUEST FOR PROPOSAL:
MEASUREMENT OF BASELINE
LOW-FREQUENCY NOISE LEVELS
IN EASTERN RICHFIELD
14 October 2003
Submitted to:
CITY OF RICHFIELD
6700 Portland Avenue
Richfield, MN 55423
Attention: Ms. Pam Dmytrenko
1~DELL ASSOCIATES, ING
Table of Contents
PxoposAL 0303
1
INT RODUCTION AND SU1VIlViARY ....................... .....................
1 .. 1
1
1 OVERVIEW OF PROPOSED EFFORT ................. ...................
. 2
...................
ANIZATION OF PROPOSAL .....................
1.2 .
ORG
2 TECHNICAL BACKGROUND ................................................. 3
2.1 UNDERSTANDING OF REQUIREMENT'S OF .REQUEST FOR PROPOSALS ..... 3
2.2 ESTIMATES OF EXISTING LOW-FREQUENCY NOISE IN RESIDENTIAL
AREAS NEAR MSP .....................................................5
2.3 ADEQUACY OF LOW-FREQUENCY NOISE MEASUREMENTS MADE
BY EXPERT PANEL FOR PRESENT PURPOSES ............................ 8
2.4 IlvIPORTANCE OF AVOIDING WIND NOISE ARTIFACTS IN
LOW-FREQUENCY SOUND LEVEL MEASUREMENTS ...................... 8
3 PROPOSED APPROACH TO DATA COLLECTION ....... ...................... 11
11
1
3 SI'Z'E SELECTION ............................. . ......................
. ......... 11
2
3 INSTRUMENTATION ............................ .............
. 12
3.3 DATA ANALYSIS ............................... ...................... 12
3.3.1 Epoch-based versus Event-based Analysis ...... ..... ................
12
2 Data Reduction ............................
3
3 .......................
.
. 13
4
3 CREATION OF DATABASE ...................... .......................
. : . 13
3.5 REPORTING .................................. .. .......... ....
...
4 QUALIFICATIONS .............................................. .........15
4.1 DISCLOSURE ........ ........................................ 15
4.2 BUSINESS REFERENCES ... ......................................... 15
4.3 RELEVANT PROJECT EXPERIENCE ..................:.................. 15
4.3.1 MSP-Related Work ............................................... 15
4.3.2 Consulting Projects at Other Airports ................................. 16
4.3.3 Large-Scale Acoustic Data Collection, Reduction, and Management ......... 19
............. .. 21
5 COS T INFORMATION ............................. .........
21
1
5 ASSUMPTIONS .............. .............. . ......................
. 21
5.1.1 Study Design Assumptions ................ .........................
_ 2 Travel Schedule Assumptions ..:...........
1
5 ......................... 21
.
. 21
Instrumentation Costs ....................
1
3
5 .........................
.
.
. 22
.
4 Deliverables ... ...: ...................
1
5 .......................
.
.
. 22
2
5 COST EST'IlVIATE ............................. ........ ... .......
. ..22
1 Labor .................................
2
5 ... ........... .....
.
. 23
2 Other Direct Costs .......................
2
5 .........................
.
. 24
--~ 5.3 TOTAL COST ESTIMATE ...................... ....... ................
ii
FIDELL ASSOCIATES, INC. PROPOSAL 0303
6 REFERENCES ..............................................................25
APPENDIX A RESUMES OF KEY PERSONNEL ................................. 27
A.1 RESUME OF SANFORD FIDELL ......................................... 27
A.2 RESUME OF MR. MATTHEW SNEDDON ....... . ......................... 47
iii
FIDELL ASSOCIATES, INC.
List of Figures
PxorosAL 0303
Figure 1 Typical time history (lower panel) and spectrogram (upper panel) of aircraft
runway noise, color-coded to indicate concentrations of low-frequency energy. ....... 3
Figure 2 Contours of low-frequency sound levels due to thrust reverser application............ 4
Figure 3 Locations of ambient noise measurements made in the course of the
investigations of the Low-Frequency Noise Expert Panel . ........................ 6
Figure 4 Ambient noise levels measured in Richfield and near Runway 11/29 ................ 7
Figure 5 Configuration of ground plane microphone and windscreen designed
to minimize wind noise contamination and artifact in field measurements............ 9
Figure 6 Organization of data sources and instrumentation for monitoring and analysis
of aircraft noise ......................................................... 19
List of Tables
Table 1 Mean and standard deviation of LFSL values calculated separately by city,
and for Richfield, by time of day . ........................................... 7
Table 3 Effort required to prepare for field data collection .................... . ........ 22
Table 2 Hourly labor rates for project personnel ...................................... 22
Table 4 Effort required to install, operate and retrieve field instrumentation . ............... 23
Table 5 Effort required to process, reduce, and analyze data and prepare final report. ........ 23
Table6 Summary of expected direct costs. .. .•.••• ••••••••••••••••••••••••••••••24
iv
FID~.i. ASSOCIATES, INC. PROPOSAL 0303
FIDELL ASSOCIATES, INC. PROPOSAL 0303
1 INTRODUCTION AND SUMMARY
Fidell Associates is pleased to submit this response to Richfield's "Request for Proposals for
Measurement of Baseline Low-Frequency Noise Levels in Eastern Richfield." This proposal is fully
responsive to the terms of the RFP, to which no exceptions are taken.
1.1 OVERVIEW OF PROPOSED EFFORT
The proposed technical approach is intended to provide Richfield with cost-effective means for
collecting low-frequency noise measurements in a manner that will support comprehensive analyses of
future residential rattle and vibration caused by the noise of aircraft operations on Runway 17/35 at MSP.
The quantity and quality of information to be collected will not only document low-frequency noise levels
along Cedar Avenue prior to the opening of the runway, but will also facilitate detailed analyses that will
minimize technical quibbling over the degree of future adverse effects of airport operations.
The data collection, analysis, and reporting described in this proposal will be designed and conducted
by Fidell Associates, Inc. under the direction of Dr. Sanford Fidell. Fidell Associates is a small, woman-
ownedCalifornia corporation formed in June of 2001. Its formation followed the completion by Dr. Fidell
of a 33 year career at Bolt Beranek and Newman and its successor firms. During three decades of research
and consulting on assessment of environmental noise impacts, Dr. Fidell has conducted many aircraft noise
consulting projects for both airports and communities, while providing basic .and applied research services
to federal agencies with aviation-related interests.
Dr. Fidell, who acted as the City's appointee to the Low-Frequency Noise Expert Panel of the
Richfield-MAC Noise Mitigation Agreement of 17 December, 1998, has assisted Richfield with several
prior assessments oflow-frequency aircraft noise effects. His publications on assessment of low-frequency
noise effects qualify him as a nationally recognized expert, who remains engaged with the Federal
Interagency Committee on Aviation Noise in establishing interpretive criteria for low-frequency aircraft
noise impacts on communities.
The benefits that the City of Richfield can secure from this expertise include:
• Immediate understanding of project goals and background, gained over the course of
a decade of participation in low-frequency aircraft noise effects studies at MSP;
• Rapid identification and prioritization of issues of greater and lesser importance in
the project design, execution, and analysis;
• Familiarity with circumstances of present and future low-frequency aircraft noise
exposure in Richfield;
• Cost-effective design and execution of data collection;
FIDELL Assoctaz'ES, ING PROnosai. 0303
• Experience in making understandable presentations of findings to non-technical
audiences; and
• High credibility and acceptance of findings.
1.2 ORGANIZATION OF PROPOSAL
Section 2 of this proposal summarizes technical issues related to the ,need for the present
measurements.' Section 3 describes the proposed approach to the desired data collection. Section 4 contains
information about relevant project experience as well as the required disclosure statement and business
references. Section 5 contains cost information.. Section 6 is a bibliography, while Appendix A contains
professional r~sum6s of key project personnel.
::
1 Certain aspects of the proposed work are closely related tomattersinvestigated bytheLow-Frequency Noise Expert Panel
of the Richfield-MAC Noise Mitigation Agreement of 17 December, 1998. Relevant portions of the report of the Expert Panel are
paraphrased in this proposal, as appropriate.
2
FIDELL ASSOCIATES, INC. ~ PxorosAL 0303
---.
2 TECHNICAL BACKGROUND
2.1 UNDERSTANDING OF REQUIREMENTS OF REQUEST FOR
PROPOSALS
Low-frequency noise in the one-third octave bands between about 25 and 80 I3z that is created by
aircraft operating on runways near residences can cause rattling noises (so-called "secondary emissions")
inside homes. The lower panel of Figure 1 shows a short portion of a typical time history of aircraft noise
events recorded at a site near an operational runway at MSP. The color coding of the time history trace
identifies portions of the C-weighted aircraft noise events between 75 and 80 dB, and in excess of 80 dB.
The upper panel of Figure 1 is a spectrogram of the time history, color-coded yellow to identify the
low-frequency content of the aircraft operations. The concentration of low-frequency energy apparent in
the upper panel of Figure 1 at about 7:48:30 PM is typical of that produced by aircraft ground operations.
Figure 1 Typical time history (lower panel) and spectrogram (upper panel) of aircraft runway noise,
color-coded to indicate concentrations of low-frequency energy.
3
FIDELL ASSOCIATES, INC. PROPOSAL 0303
Figure 2 shows that operations of aircraft thrust reversers on MSP's new Runway 17/35 are expected
to produce low-frequency sound levels in excess of 85 dB along about a mile of Cedar Avenue, and low-
frequency sound levels only about five to ten decibels lower along much of the runway's length. (The
contoured LFSLZ values represent thrust reverser noise alone.) Start of takeoff roll and near-ground noise
produced by aircraft in flight will also contribute to the low-frequency noise exposure along portions of
Cedar Avenue.
N
W E
S
Figure 2 Contours of low-frequency sound levels due to thrust reverser application.
On an average day in 2005, the Metropolitan Airports Commission expects the new Runway 17/35
to support 369 daytime and 53 nighttime operations. These operations will constitute 37% of all departures
and 17% of all expected arrivals at MSP, and will greatly elevate existing low-frequency sound levels in
z LFSL is the abbreviation for Low-Frequency Sound Level, the noise descriptor that the Expert Panel recommended for
assessing the impacts of low-frequency aircraft noise.
4
1 p ~ 2 Miles
1~EI,L AssOCIATES, INC. PROPOSnL 0303
~-~ eastern Richfield. The following factors complicate the ability to precisely predict future low-frequency
sound levels in residences along Cedar Avenue and elsewhere in eastern Richfield:
The low-frequency content of both takeoff and landing noise varies with
distance from the start of takeoff roll and the landing threshold, respectively;
The position of the aircraft along the runway during reverse thrust operation
varies from about 2,000 feet to as far as 6,000 feet from the runway threshold.
Larger aircraft generally apply reverse thrust for longer periods.
The duration of reverse thrust operation (and hence, indoor rattling noises)
can be as great as 20 seconds, depending on aircraft type, runway conditions,
distance from the runway threshold to the touchdown point, locations of turn-
off ramps, air traffic control directives, pilot technique, and airline protocol.
Thus, noise produced by reverse thrust is more variable than the highly
predictable engine operations during takeoff or approach.
Absent direct measurements of low-frequency aircraft noise at sites in
Richfield and elsewhere around the airport, conversion of INM-produced
maximum C-level noise contours into LFSL contours by means of empirical
relationships is uncertain; and
~~ Uncertainty about source levels and propagation effects, as well as the non-
- cumulative nature of the LFSL noise metric, limit the precision with which
long-term, low-frequency sound levels can be predicted.
For all of these reasons, direct measurements of low-frequency aircraft noise are more accurate and
reliable than computer-generated predictions. Interpreting future changes in low frequency noise exposure
credible documentation of baseline conditions.
2.2 ESTIMATES OF EXISTING LOW-FREQUENCY NOISE IN
RESIDENTIAL AREAS NEAR MSP
The best estimates oflow-frequency ambient noise levels in Richfield may be found in the report of
the Low-Frequency Noise Expert Panel. The Expert Panel made short duration ambient noise level
measurements at locations in residential areas of Bloomington, Richfield and Minneapolis at times during
which low-frequency aircraft noise was not obviously apparent. Because part of the low-frequency range
of current interest is not directly audible, however, the absence of obvious aircraft noise does not imply that
these measurements were not influenced by jet engines operating at distant parts of the ai~eld. Figure 3
shows the locations of all of these short duration ambient noise measurement points.
5
FIDELL ASSOCIATES, INC.
nt Sites
httime)
ytime)
PxoposAL 0303
Figure 3 Locations of ambient noise measurements made in the course of the investigations of the
Low-Frequency Noise Expert Panel.
Figure 4 shows daytime and nighttime ambient noise levels measured in Richfield and to the side
of Runway 11/29. The nighttime one-third octave band ambient noise levels observed in Richfield are quite
similar to the nighttime levels reported by Fidell, Horonjeff, and Green (1981) in the one-third octave bands
centered at 50 through 80 Hz for areas with population densities on the order of 5,000 people per square
mile. Note, however, that the nighttime (0200 - 0300) noise levels in Richfield are about 10 dB lower in
level-than daytime noise levels. This finding is consistent with that reported by Fidell et al. (1981) that
urban ambient noise levels decrease at night. Table 1 shows means and standard deviations of LFSL values
for measurements in Richfield and nearby cities, calculated separately by city and time. of day.
6
1 0 1 2 Miles ~
S
I•YDELL ASSOCIATES, INC.
70
60
50
m
.a
N ~
N
J
20
10
25 40 63 100 150 250 400 ~ luw ~5u1 txiu
31.5 50 80 125 200 315 500 800 1250 2000
Frequency, Hz
i
'~' Nighttime Ambient -a- Daytime Ambient
_~ Loc. 1 (Lind et al., 1997) -~- Loc. 4 (Lind et al.. 1997)
Figure 4 Ambient noise levels measured in Richfield and near Runway 11/29.
PxOPOSAL 0303
Table 1 Mean and standard deviation of LFSL values calculated separately by city, and for Richfield,
by time of day.
7
I'IDELL ASSOCIATES, INC.
PxoposAL 0303
2.3 ADEQXUPERT P NEL FOR PRESENTT PURPOSMEESASUREMENTS MADE
BY E
All of the ambient noise measurements made during the course of the Expert Panel study were of
short duration, and may have included inaudible low frequency noise from distant airfield operations. None
of them were made in positions along Cedar Avenue that are likely to be most greatly affected by low
frequency noise of future aircraft operations on Runway 17/35. An airport-owned and operated noise
monitor in eastern Richfield measures only frequency-weighted noise levels, and is incapable of making one-
thirdoctave band measurements necessary to calculate low-frequency sound levels as defined and contoured
in the Expert Panel' report. Thus, no unambiguous, long term (on the order of days or weeks) record
currently exists of representative low-frequency ambient sound levels along Cedar Avenue.
Residences along Cedar Avenue are not wholly without low-frequency noise exposure at present,
because low-frequency noise from aircraft operations on Runways 12/30 and 4122 at MSP propagates a
considerable distance. To carefully quantify the degree to which the start of operations on Runway 17/35
will increase low-frequency sound levels in residences along Cedar Avenue, it is therefore necessary to
document low-frequency sound prior to the opening of the new runway. Such measurements can forestall
non-productive argument about how much the opening of the new runway actually increases low-frequency
noise in eastern Richfield.
2.4 IMPORTANCE OF AVOIDING WIND NOISE ARTIFACTS INLOW-
FREQUENCY SOUND LEVEL MEASUREMENTS
Sound is a traveling fluctuation in atmospheric pressure that reaches a measurement microphone by
propagation through air.. Microphones exposed to flowing air measure not only bona fide sound levels
produced by remote sources (i.e., aircraft noise), but also wind noise artifacts that are produced simply by
the presence of a microphone in an airstream. When a moving mass of air, such as that associated with a
wind gust, displaces a microphone diaphragm, the microphone is incapable of discriminating the
displacement produced by the wind gust from a displacement caused by a sound wave. Further, inflow
turbulence and the downstream wake of the microphone are themselves aerodynamic noise sources that
create acoustic energy (from boundary layer separation and vortex shedding) that would not exist in still air
or absent the measurement microphone.
Relationships between wind speed, wind screen design, and the self-noise of measurement
microphones have been studied by Bleazey (1961), Breeland and Bonner (1967), Hosier and Donavan
(1979), and Oswald (1976), among others. Anderson, Horonjeff, Menge, Miller, Robert, Rossano, and
Sanchez (1993) estimate the relationship between the wind-induced noise level (LW) and wind speed for a
- conventional 3'/i' open foam windscreen as
LW=2.46S+3.9dB
where S is the wind speed in miles per hour. According to Anderson et al., the rate of growth of A-weighted
wind-noise artifact is about 2.5 dB per mile per hour increase in wind speed. Fleming, Roof, Rapoza, Read,
Webster, Liebman, Valihura, Lewis, Schomer, Plante, and Draper (1998) estimate that outdoor A-weighted
ambient levels increase at a somewhat lesser rate of about 2 dB per mile per hour of wind speed.
8
FIDELL ASSOCIATES, INC. PROPOSAL 0303
~~ Sneddon, Silvati, Pearsons, and Fidell (1991) have also made detailed measurements of the
relationship between outdoor ambient sound levels and wind speed. They measured an increase of 3 dB in
A-weighted sound levels for each meter/second increase in wind speed (about 1.4 dB/mile per hour).
However, in the one-third octave bands between 63 and 200 Hz, the increase in sound levels produced by
increases in ambient noise levels was about twice as great: about 2.9 dB per mile per hour increase in wind
speed. In other words, low-frequency sound levels increase more quickly with wind speed than higher
frequency sound levels. (th common experience, recorded wind noise sounds more like a rumble than a
hiss.)
Figure 5 is a schematic view of a microphone configuration that Fidell Associates has successfully
employed to minimize wind noise artifact and data contamination. The insertion loss of this conical
windscreen, mounted over atwo-foot square steel plate, is negligible in the frequency range of current
interest, and within ±1 dB at all frequencies below 10 kHz.
Outer windscreen, consisting of:
• outer shell, nylon cloth
• outer basket. 1/4" hardware cloth
• acoustic foam
• inner basket, 1/4" hardware cloth
r.
.S
22"
Dessicant
chamber
Preamp Mounting spider
housings r' 1/16" ~ STL
Hubbel cable
feed through
4" ~ Inner
windscreen
~ 24" ~~
Figure 5 Configuration of ground plane microphone and windscreen designed to minimize
wind noise contamination and artifact in field measurements.
9
FIDELL ASSOCIATES, INC.
PxorosaL 0303
10
FIDE. ASSOC[ATES, INC. PROPOSAL 0303
~~ 3 PROPOSED APPROACH TO DATA COLLECTION
This section recommends an approach to the design, conduct and analysis of the desired study, in
accordance with the requirements of Richfield's RFP.
3.1 SITE SELECTION
Three measurement sites will be selected in acoustically appropriate settings, representative of
exposure conditions at points along the length of Runway 17/35 where low-frequency measurements are
expected to be dominated by start of takeoff roll, thrust reverser, and near-ground aircraft noise. Candidate
sites will be examined for factors such as the presence of anomalous shielding and extraneous low-frequency
noise sources such as industrial fans. Additional considerations affecting site selection include:
• Location of the site with respect to the ends and landing zones of Runway
17/35;
• Availability of 110v power for maintaining the charge of the primary noise
monitor batteries;
• Capability for installation of an additional voice-grade telephone line to
permit remote access to data captured by automated instrumentation (as
explained below); and
~-,
• Reasonable security for the instrumentation, as in a back yard, garage, porch,
or similar inconspicuous area.
3.2 INSTRUMENTATION
The RFP's requirements for duration and continuity of measurement are best met by unattended
noise monitoring instruments that can store large quantities of one-third octave band spectra. Larson Davis
824 logging sound level meters with real-time analysis firmware will be employed for this purpose on a
continuous (24 hour per day) basis. Each such instrument will periodically measure one-third octave band
sound levels in the bands with center frequencies of 20 to 10,000 Hz at user-specified intervals; store two
million bytes of such information internally; and upload this information via modem to a remote computer.
Half-inch condenser microphones (Briiel & Kjaer Type 4176) calibrated to primary standards
main*.ained by the U.S. National Institute of Standards and Technology will be installed in a ground plane
configuration as illustrated in Figure 5. The ground plane and microphone will be covered by a conical
windscreen approximately 24 inches high, constructed of hardware cloth and reticulated (low acoustic
transmission loss) foam and covered with camouflage cloth. Field calibration will be accomplished via
pistonphone.
In addition to configuring one Larson Davis logging sound level meter at each site to directly capture
the low-frequency one-third octave band sound levels needed to compute LFSL values for each measurement
epoch, a second meter will be co-located at the same site to measure C-weighted sound levels and to
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function as a recording anemometer for wind speed measurements. A propellor-like anemometer will be
mounted on a low pole next to the windscreen to measure near-ground .wind velocity.
3.3 DATA ANALYSIS
3.3.1 Epoch-based versus Event-based Analysis
The noise associated with a single aircraft passby (for example, the noise created during a single
airplane's takeoff roll, or thrust reverser application, as measured at a fixed location) is commonly referred.
to as a "noise event." An "epoch" refers to a fixed time interval (such as a second or a minute), which may
or may not contain or span one or more noise events, depending on the duration of the epoch and the
presence or absence of a noise event during some portion of the epoch.
LFSL is an event-based noise descriptor whose value is calculated from maximum one-third octave
band levels occurring during individual (aircraft) noise events. Although LFSL values created at sites near
Cedar Avenue by ground operations on existing runways at MSP can in principle be calculated, these noise
events are far lower in level than those expected from future operations on Runway 17/35. In the absence
of high-level, low-frequency noise events prior to the opening of the new runway, the requested data
collection must be designed to accommodate "epoch-based" rather than "event-based" analyses.
An epoch-based analysis characterizes LFSL levels in successive time intervals, each of which
should be comparable in duration to the duration of an aircraft ground operation on Runway 17/35. As may
be seen in Figure 1, aloes-frequency noise event created by an aircraft ground operation on a nearby runway
lasts for roughly fifteen seconds. The current measurements should therefore be made within epochs of
about ten seconds to minimize error of measurement in future comparisons against LFSL values created b;,
nearby aircraft noise events.
The general strategy for establishing useful baseline information should thus be to collect information
that can be used to characterize the distribution of LFSL values during relatively short epochs. Increases
in average LFSL values calculated over such epochs during daytime and nighttimehours and during weekday
and weekend periods can serve as a quantitative indication of the degree to which operations on Runway
17/35 will increase LFSL values in eastern Richfield.
3.3.2 Data Reduction
Computer-based automated procedures will be used to calculate LFSL values separately at each of
three monitoring sites for each measurement epoch. Each hour of measurements contains 360 ten-second
_ epochs, while a full day contains 8,640 such epochs. Two weeks of monitoring at each site will thus yield
more than 100,000 analysis epochs, more than ample to establish stable estimates of mean LFSL values for
.daytime, nighttime, weekday, and weekend periods. Hourly and daily average values can also be calculated
as may be convenient for future comparisons with levels created by operations on Runway 17/35.
Comparisons can also be made between C-weighted sound levels (such as those monitored by MSP's
Richfield noise monitoring station) and LFSL values at each of the measurement sites. Wind speed
measurements will be used primarily as a screening tool for quality control purposes, so that spurious values
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of LSFL can be excluded during any high wind periods. They will also be valuable in the future, however,
to avoid mis-attribution oflow-frequency noise from operations on Runway 17/35 to measurement artifact.
3.4 CREATION OF DATABASE
The digital files created by downloading the one-third octave band measurements made by the
logging sound level meters along Cedar Avenue will be assembled into separate tables for each monitoring
site in the Microsoft Access Database management program. In addition to preserving time series of forty
one, one-third octave levels in bands with center frequencies between 10 Hz and 20 kHz, these tables will
also include time tagged wind speed information for each site.
3.5 REPORTING
Five copies of draft and final reports summarizing the instrumentation, data collection and analysis
methods, and findings of the entire study will be delivered in addition to a clean reproducible master
document for further copying and distribution. One or more compact disks per measurement site containing
the database oflow-frequency noise measurements will also be provided to Richfield for archival purposes.
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4 QUALIFICATIONS
4.1 DISCLOSURE
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Fidell Associates has never contracted with the Minneapolis Metropolitan Airports Commission to
perform professional or other services, nor for the Minneapolis/St. Paul International Airport, nor for any
individual airline operating at MSP.
4.2 BUSINESS REFERENCES
The following local government officials and their representatives can provide information about
their experiences with consulting services provided by Fidell Associates:
Mr. Michael Wilson
City Manager
South San Francisco, CA
Telephone: 650- 877-8500
Mr. Rob Coney
Director of Planning
Adams County, Colorado
Telephone: 303-853-7001
Mr. Eric Pilsk
Akin, Gump, Strauss, Hauer and Feld
1333 New Hampshire Avenue N.W., Suite 400
Washington, D.C. 20036
(Outside Counsel for City of Naples, Florida)
Telephone: 202-887-4322
4.3 RELEVANT PROJECT EXPERIENCE
4.3.1 MSP-Related Work
Dr. Fidell has provided acoustical consulting services related to evaluation of noise impacts created
by MSP to the City of Richfield, to the. U.S. Fish and Wildlife Service (the agency responsible for
administration of the Minnesota Valley National Wildlife Refuge), and to the Minneapolis Metropolitan
Council
For the City of Richfield, Dr. Fidell has analyzed environmental impact disclosure documents
prepared by the Metropolitan Airports Commission (including predictions of future flight tracks, numbers
of operations and their noise consequences), made independent predictions of aircraft noise impacts of
anticipated operations on the extended Runway 4/22 and the proposed Runway 17/35, and served as the
City's appointee to the Low-Frequency Noise Expert Panel of the Richfield-MAC Noise Mitigation
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Agreement of 17 December, 1998. In the course of these studies, Dr. Fidell conducted two social surveys
of the annoyance of rattle and vibration associated with runway sideline noise in neighborhoods near MSP
and LAX. The results of these studies have been published in various reports.3 The Minnesota
Environmental Quality Board also formally incorporated Dr. Fidell's technical analyses and measurements
into the airport authority's final Environmental Impact Statement for construction of Runway 17/35, in
acknowledgment of -the impacts of low-frequency noise impacts of the proposed runway, and refused to
grant the Metropolitan Airports Commission the permit required to break ground for the new runway.
Dr. Fidell's analyses were instrumental in reaching a settlement of projected noise impacts from
Runway 17/35 on the Minnesota Valley National Wildlife Refuge, on terms much more favorable to the Fish
and Wildlife Service than those initially offered by FAA. Dr. Fidell re-ran the INM analyses conducted by
FAA to create "time-above" noise contours that demonstrated the duration of aircraft noise at levels
sufficient to interfere with speech in the Refuge. These contours indicated considerably greater adverse
effects of aircraft operations on the proposed new runway than the noise exposure (DNL) contours on which
FAA had earlier relied.
After the Minnesota state legislature approved an expenditure of $185 million for noise mitigation
measures in the vicinity of MSP, the Minneapolis Metropolitan Council retained Dr. Fidell to conduct a
study of community preferences for alternate mitigation measures. This work included an independent audit
of predicted aircraft noise exposure contours and measurements made by MSP's noise and operations
monitoring system, GIS-based identification of survey sampling areas in 19 communities, and the conduct
of a large-scale social survey ("Social Survey of Community Preferences for Aircraft Noise Mitigation
Measures," Fidell, S., Silvati, L, and Howe, R., BBN Report 8172, August 1996). .
4.3.2 Consulting Projects at Other Airports
4.3.2.1 Denver International Airport
Dr. Fidell has provided aircraft noise analysis services to Adams County, Colorado for more than
a decade to assist in the enforcement of the 1988 Inter-Governmental Agreement (IGA) under which Denver
International Airport has paid tens of millions of dollars in noise mitigation fees to the County for violations
of noise exposure performance standards. The County has prevailed in all legal challenges to the IGA, and
is currently disbursing funds provided by the airport to municipalities and homeowners within the county
for assorted noise mitigation projects.
4.3.2.2 Chicago O'Hare International Airport (ORD)
3 These include the technical reports "Sound Transmission Loss Measurements at Five Sites in Richfield, Minnesota," Lind,
S., Fidell, S., and Fletcher, E., BBN Report 8220, January 1998; and "An Analysis of Anticipated Low-Frequency Aircraft Noise in
Richfield Due to Operation of a Proposed North-South Runway at MSP," Lind, S., Pearsons, K., and Fidell, S., BBN Report 8196, May
1997. They also include the following publications in a peer-rviewed professional journal: "Relationship between low-frequency
aircraft noise and annoyance due to rattle and vibration," Fidell, S., Pearsons, K., Silvati, L., and Sneddon, M., J. Acoust. Soc. Am.,
Vol. 111(4), 1743-1750, April, 2002; and "Field study of the annoyance of low-frequency runway sideline noise," Fidell, S., Silvati,
L., Pearsons, K., Lind, S., and Howe, R., J. Acoust. Soc. Am., Vol. 106(3), Pt. 1, September, 1999.
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`~~ In his capacity as an independenttechnical auditor for the O'Hare Noise Compatibility Commission,
Dr. Fidell has completed an exhaustive review of aircraft noise exposure contours prepared for one of the
world's busiest airports. The noise exposure model created by the airport included more than 2,000 flight
tracks, populated by nearly 900,000 annual aircraft movements.
Dr. Fidell's auditing effort included verification of sources of information used by the airport's noise
consultant in constructing the noise exposure model, identification of the simplifying assumptions adopted
in creating the noise model, assessment of the sensitivity of the resulting noise contours to variant
assumptions, comparisons of modeled and monitored noise levels, and recommendations for further steps
to verify the accuracy and completeness of such contouring exercises.
4.3.2.3 Seattle-Tacoma International Airport (SEA)
As part of a review of the airport's environmental impact analyses for construction of a third runway,
Dr. Fidell evaluated the airport's predictions of future flight operations, including fleet mix and numbers,
and approach and departure flight tracks. This effort was sponsored by an Airport Communities Coalition,
an organization of local governments. Dr. Fidell also compared airport noise exposure predictions with
historical noise exposure measurements at several remote noise monitoring sites. In part because of
comments produced by the Airport Communities Coalition, the airport prepared a supplementary Final
Environmental Impact Statement that included a revised aircraft noise exposure prediction model. The
supplementary FEIS took into consideration the issues identified in comments prepared by Dr. Fidell.
'--~ Dr. Fidell was also retained by Seattle's Highline School District to assist in evaluation of the noise
insulation needs of its school campuses to protect them from aircraft noise intrusions, and by a large
retirement community (Wesley Homes) that will be exposed to increased noise from a third runway at SEA.
Dr. Fidell's measurements and analyses were instrumental in the settlement of a lawsuit filed by the
retirement community against the airport.
Dr. Fidell assisted the Highline School District in Seattle, WA to determine the extent and cost of
architectural treatments to its school facilities to isolate them from aircraft noise intrusions. Standardized
measurements were made of the acoustic transmission loss of 54 classrooms in 15 schools; noise exposure
predictions made by the Port of Seattle (the proprietor of SEA) were analyzed; the Port's predictions to yield
more appropriate estimates of speech interference at specific schools were re-worked; and an appropriate
criterion was developed for interior noise levels of aircraft noise intrusions in District classrooms. The
school district is currently completing large scale remediation work in phases with airport-provided
financing.
4.3.2.4 Burbank-Pasadena-Glendarle Airport (BUR}
For the City of Burbank, California, Dr. Fidell has conducted detailed reviews of quarterly aircraft
noise exposure contours produced by the Burbank-Pasadena-Glendale Airport Authority in compliance with
California Department of Transportation regulations. Dr. Fidell compared the monitored and modeled noise
exposure, identified a number of limitations of the airport's quarterly noise contours, and evaluated alternate
contour sets. Following a formal noise variance hearing, Caltrans has imposed a variety of conditions on
the airport authority's future reporting obligations that reflect in part the findings of Dr. Fidell's analyses.
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4.3.2.5 El Toro Marine Corps Air Station
For the City of Irvine, California, Dr. Fidell has reviewed and/or constructed several aircraft noise
exposure prediction models for alternate re-uses of El Toro Marine Corps Air Station as a civil airport.. He
has also evaluated and compared INM simulations of several flight track, fleet mix, and flight track
utilization scenarios. These evaluations have focused not only on noise exposures, but also on land use
compatibility concerns in terms of "time-above" and maximum single-event noise levels. The intended re-
use of the airfield for civil use was subsequently abandoned.
4.3.2.6 Brown Field (San Diego, California)
Dr. Fidell reviewed environmental disclosure documents prepared by proponents of private
development of a general aviation ai~eld in San Diego into an air cargo airport. Dr: Fidell found significant
discrepancies between the description of noise modeling assumptions in these documents and the actual
input specification files used to predict noise exposure; implausible operational assumptions; inaccurate
representations of noise modeling results; and similar flaws.
4.3.2.7 Design of noise and flight track monitoring system for Phoenix Sky Harbor Airport
An Intergovernmental Agreement between the cities of Phoenix and Tempe, AZ .required the
purchase and operation of an aircraft noise and flight track monitoring system at Sky Harbor Airport. The
City of Tempe retained Dr. Fidell to assist in the creation of design specifications for this system, technical
evaluation of proposals received from manufacturers in response to these specifications, and establishment
of operational features of the procured monitoring system. Dr. Fidell has assisted Tempe, among other
matters, in establishing reasonable bounds for compliance of aircraft overflights with agreed-upon departure
procedures.
4.3.2.8 Dayton International Airport
For a municipal client near Dayton International Airport, Dr. Fidell reviewed the airport's
prospective aircraft noise exposure predictions to determine the reasonableness and credibility of its
modeling assumptions. The review revealed the uncertain nature of the modeling assumptions, and raised
questions about the plausibility of several of the airport's claims.
4.3.2.9 Los Angeles International Airport
For the Los Angeles South Bay Council. of Governments, Dr. Fidell analyzed the noise-related
elements of the airport's Draft Environmental Impact Statement for construction of new airport
_ infrastructure. This project, which anticipated expenditure of approximately eleven billion dollars on
highway, runway, and terminal construction to achieve disproportionately small increases in airport capacity,
was ultimately abandoned.
4.3.2.10 Reno-Tahoe International Airport
The Airport Authority of Washoe County (Nevada) sought to attract a U.S. Postal Service Western
Network Hub operation, and to greatly expand night air cargo operations. Community groups opposing the
additional noise exposure retained Dr. Fidell to review noise-related aspects of the environmental
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~~ documentation prepared by the proprietor to support its actions. Dr. Fidell documented a number of
discrepancies between the size of the facilities to be constructed and airport capacity and a number of
operating conditions capable of generating greater noise exposure than that modeled by the airport.
4.3.3 Large-Scale Acoustic Data Collection, Reduction, and Management
The capability of Fidell Associates to perform large-scale acoustic measurements, data reduction,
processing and analyses is illustrated by an aircraft noise monitoring project successfully completed in
southwestern Idaho for the United States Air Force. Fidell Associates collected more than one hundred
million sound level samples at eight monitoring sites on public lands used for outdoor recreational and other
purposes under military operations areas. All of these measurements were time stamped and entered into
a deliverable database that also included wind speed and direction measurements at the monitoring sites, as
well as radar flight track information. The time tags of all of these observations were synchronized so that
closest points of approach of aircraft overflights could be calculated simultaneously for each of the
monitoring sites. Figure 6 illustrates the data acquisition and analysis system designed to make these
measurements.
Eight sets of field instrumentation (logging sound level meters, anemometers, and related equipment)
were maintained at remote sites accessible only by four-wheel drive vehicles. The sites were calibrated,
downloaded, and refurbished weekly to preserve traceabilty of sound levels to primary standards maintained
by the National Institute of Science and Technology. Instrumentation clocks were all set to GPS satellite
time. Ruggedized computers were successfully used for instrument downloading and optical storage of raw
data (via CD burning under field conditions).
.:: aiif i11H11~ ~;
V `' -%' ,
~ = Po~laW co Igna~
___.~
FIELD FlibhUra[A -_
ildlalldSc AIIC111411~c1E~
------------I--------------------~0~---~
LABORATORY ldf.OfdwiV iU~I,w1e,
. ca
Awu;uc
Od13b35c
Analyiii
Figure 6 Organization of data sources and instrumentation for
monitoring and analysis of aircraft noise.
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5 COST INFORMATION
5.1 ASSUMPTIONS
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5.1.1 Study Design Assumptions
Any study design is as much an exercise in economics as a strategy for accomplishing technical
goals. The following assumptions are made for purposes of cost estimation:
• The City of Richfield will assist in finding and contacting homeowners at
suitable sites who are willing to permit installation of measurement
equipments in their back yards°;
• Arrangements can be made to ship acoustic measurement equipment to
Richfield City Hall several days prior to installation, to be held for
subsequent pick-up;
• Homeowners will permit installation of a dedicated telephone line and grant
reasonable access to their property for installation, maintenance, and removal
of field instruments;
• Low-frequency noise measurements shall be made at one site for a period. of
~ four weeks, and for periods. of two weeks at each of two other sites.
Fidell Associates cannot be responsible for field conditions and costs beyond its control, including
theft or vandalism of field equipment, lack of cooperation by homeowners in permitting access to
instrumentation, delays associated with installation of telephone service, weather, interruptions of data
collection due to loss of power or telephone service, etc.
5.1.2 Travel Schedule Assumptions
It is assumed that to the greatest extent possible, all travel can be scheduled 14 days in advance to
minimize airfare expenses by advance purchase and Saturday night stay travel discounts.
5.1.3 Instrumentation Costs
Fidell Associates will make available four Larson Davis 824 logging sound level meters and
_ associated equipment (microphones, pre-amplifiers, anemometers, cabling, batteries, etc.) for use in the
proposed data collection at no cost to the City of Richfield.
a The field measurement equipment will consisrof a microphone/windscreen assembly mounted on a two foot square steel
plate, apole-mounted wind gauge, two suitcase-size environmental cases, a caz battery, and connections to telephone and 110 volt AC
power lines. The microphone and wind gauge must be located at ground level in a back yazd or other reasonably secure area not visible
,..~ from the street. The suitcase-size cases and car battery maybe located on a back porch, or in a garage, gazden shed, or outdoors, within
about 20' of the microphone, wind gauge, and telephone and power connections.
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5.1.4 Deliverables
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It is assumed that the deliverable work products will be a database of field measurements as
described in Section 3.4, and a clean reproducible and five bound copies of the final report.
5.2 COST ESTIMATE
Table 2 contains hourly labor rates for project personnel.
Table 2 Hourly labor rates for project personnel
S. Fideil $225
M. Sneddon 1 ~
L. Sitvati 100
R. Howe 75
E. Fujimoto 50
5.2.1 Labor
The effort required to make the desired measurements will be conducted in three sequential phases:
(1) Preparation for field data collection; (2) installation, operation and retrieval of field instrumentation; and
(3) Data processing, reduction, analysis and reporting.
5.2.1.1 Preparation for field data collection
Thi s effort includes configuration, calibration, and pre-testing of instrumentation for data collection,
and packaging for shipment. Table 3 shows the hours required for this project phase. The estimated labor
cost for this project phase is $6700.
Table 3 Effort required to prepaze for field data collection.
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5.2.1.2 Installation, operation and recovery of field instrumentation
This effort includes installing and retrieving the field instrumentation at three locations in Richfield
and daily uploading of field measurements to a remote computer in Los Angeles via modem. Table 4 shows
the hours required for this project phase. The estimated labor cost for this project phase is $10,680.
Table 4 Effort required to install, operate and retrieve field instrumentation.
5.2.1.3 Analysis and reporting
This effort includes processing, reduction, and reformatting of the field data into a foam suitable for
archiving, calculation of LFSL values as described in Section 3.3, and prepazation of draft and final reports.
Table 5 shows the hours required for this project phase. The estimated labor cost for this project phase is
$16,620.
Table 5 Effort required to process, reduce, and analyze data and prepaze final report.
5.2.2 Other Direct Costs
Table 6 summarizes expected non-labor costs. No burden or handling fees are applied to these costs.
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Table 6
5.3 TOTAL COST ESTIMATE
The sum of the above labor and direct costs is $38,400.
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Summary of expected direct costs.
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6 REFERENCES
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Anderson, G, Horonjeff, R., Menge, C., Miller, N., Robert, W., Rossano, C., Sanchez, G., Baumgartner, R.,
and McDonald, C. (1993). "Low-Noise Microphone Windscreen Design and Performance,"
Appendix A, NPOA Report No. 93-6, NPS Contract CX-2000-0-0025.
Bleazey, J. (1961). "Experimental determination of the effectiveness of microphone wind screens," J. Audio
Eng. Soc., 9(1), pp. 48-54.
Bonner, Arno S., and Bruce, Robert D. (1992). "Long-Term Ambient Sound Monitoring in National Parks,"
Sound and Vibration, 1992, pp. 16-18. (Also published as CSTI Report No. 128, 28 September
1990, "Ambient Sound Monitoring Program for Colorado Plateau Parks," NPSContract CX-1200-8-
P063.)
Breeland, A., and Bonner, R., (1967). "Results of tests involving hemispherical wind screens in the
reduction of wind noise," U.S. Army Electronics Command Atmospheric Sciences Laboratory Report
ECOM-5119.
Fidell, S., Horonjeff, R., and Green, D.M, (1981) "Statistical Analyses of Urban Noise," Noise Control
En ink, eerins, Vol. 16, No. 2, pp. 75-80.
Fidell, S., Pearsons, K., Silvati, L., and Sneddon, M. (2002) "Relationship between low-frequency aircraft
noise and annoyance due to rattle and vibration," J. Acoust. Soc. Am., Vol. 111(4), pp.1743-1750..
Fidell, S., Silvati, L., Pearsons, K., Lind, S., and Howe, R. (1999) "Field study of the annoyance of low-
frequency runway sideline noise," J. Acoust. Soc. Am., Vol. 106(3), Pt. 1.
Fleming, G., Roof, C., Rapoza, A., Read, D., Webster, J., Liebman, P., Valihura, P., Lewis, K., Schomer,
P., Plante, J., and Draper, J. (1998): "Development of Noise Dose/Visitor Response Relationships
for the National Parks Overflight Rule: -Bryce Canyon National Park Study," DOT-VNTSC-FAA-
98-6 (see especially Appendices B and D).
Hosier, R. N., and Donavan, P.R. (1979). "Microphone Windscreen Performance," National Bureau of
Standards Report No. NBSIR-79-1599.
Oswald, L. (1976). "The wind noise of nose cone-protected microphones," Proceedings of Intern-Noise 76,
Washington, D.C., pp. 141-144.
Sneddon, M., Silvati, L., Pearsons, K., and Fidell, S. (1991). "Measurements and Analyses of the
Indigenous Sound Environment of Coniferous Forests," NPOA Report 90-1, National Park Service,
U.S. Dept. of the Interior and U.S. Forest Service, Dept. of Agriculture, NPS-DSC Contract No. CX-
2000-9-0026.
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APPENDIX A RESUMES OF KEY PERSONNEL
A.1 RESUME OF SANFORD FIDELL
EDUCATION:
Ph.D., Experimental Psychology, The University of Michigan, 1969
M.S., Experimental Psychology, The University of Michigan, 1966
B.A., Psychology, Trinity College, Hartford, Connecticut, 1964
PROFESSIONAL POSITIONS:
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Fidell Associates, 2001- present; positions held at Bolt Beranek and Newman and successor organizations:
Director, Environmental Technologies Department,1995-2001; Manager, Environmental Research and Data
Systems Department,1992-1995; SeniorManager,1991-1992; Lead Scientist,1989-1991; Senior Scientist,
1968-1988; Manager, Los Angeles Computer Laboratory, 1970-1982.
Lecturer, California State University, Northridge, 1969-1971; Member of the Technical Staff, Bell
Telephone Laboratories,1966; Research Assistant and Teaching Fellow, The Uni versity of Michigan,1964-
1968; Broadcast Announcing, Engineering, and Production, 1960-1968.
HONORS, PROFESSIONAL SOCIETIES, AND ADVISORY POSITIONS:
Acoustical Society of America (Fellow); U.S. Representative to International Standards Organization
Technical .Advisory Group on Community Response Questionnaire Standardization
(ISO/TC43/SC 1/WG49); Acoustical Society of America, Technical Committee on Noise (1993-1996;1999-
2002); National Research Council Committee on Hearing, Bioacoustics and Biomechanics (CHABA);
Current or past member of the American National Standards Institute, Committee on Bioacoustics, Working
Groups S 12-15 (Environmental Noise Measurement and Assessment), S3-51 (Auditory Magnitudes), S3-70
(Community Response to Noise Levels); American Helicopter Society, Committee on Acoustics; IEEE
Power Engineering Society, Audible Sound and Vibration Subcommittee; Design Review Group forFAA's
Integrated Noise Model software; BBN Outstanding Publications Awards (1989, 1991, 1996).
PROFESSIONAL RESPONSIBILITIES AND PROJECTS:
Dr. Fidell's technical career has been concentrated in psychoacoustic research, community noise impact
analysis, and aircraft noise consulting. He has directed theoretical, laboratory and field research in many
areas of psychoacoustics and environmental acoustics. This research includes laboratory studies of the
noisiness of impulsive sounds; the detestability, noticeabilty, warning effectiveness, and annoyance of
impulsive and other high- and low-level noises; low-frequency critical bandwidths and annoyance; speech
quality, intelligibility, and vocal stress; the aversiveness and hearing damage risk of extremely high-level
acoustic signals; and epidemiologic analyses of aircraft noise effects on health.
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His field studies include social surveys of community and classroom response to environmental noise;
measurement and assessment of low-frequency runway sideline noise and its effects; electrophysiological
and behavioral studies of sleep quality; real-time studies of in-home annoyance; study of effects of aircraft
noise on property values; and on-site and telephone interviews of outdoor recreationists' response to aircraft
overflights.
Dr. Fidell's human factors research has included studies of the variability of reaction time, effectiveness of
computer generated auditory, visual, and tactile displays, attentional demands of warning signals, sensory
scaling, signal localization and detectability, and construction of human performance test batteries. He has
also assessed stress effects on performance, anthropometric and biomechanical models, and effects of
vibration and g-forces on aircraft flight control.
Dr. Fidell has provided consulting services to community, airport and government agencies involved in
aircraft noise controversies and assessments and disclosures of aircraft noise impacts. His other consulting
and development efforts have included design and execution of acoustic field measurement programs,
independent audit of noise monitoring systems and contouring exercises, analysis of environmental
assessment documents, production of training materials (film, video, manuals, lectures, demonstration
recordings) and design of miniaturized signal processing instrumentation. He built computer-based
laboratories for psychophysical experimentation and acoustic data reduction at BBN, developed novel
psychophysical data collection methods, and .consulted on the design of automated laboratories and data
reduction systems elsewhere.
He has also provided commentary to public agencies, expert testimony in legal proceedings, and litigation
support on a range of acoustical issues. These include enhancement, transcription, and speakeridentification
of poor quality recorded materials, analysis of evidence and documentation in environmental regulatory
actions, and effects of noise exposure on communities.
Dr. Fidell's software experience includes real-time programming in assembly language and creation of
computer-based models of acoustic detection phenomena. Other computing experience includes technical
oversight of weapons system and other software development, management of embedded microsystem
projects, and design, .management, marketing and application of acoustic detection, environmental
assessment (geoinformation system), decision support and time series analysis programs.
Dr. Fidell's other professional activities include committee work for professional organizations,
contributions to standards and criteria, and review of grant proposals, journal manuscripts, and other
technical documents. He has taught statistics at California State University at Northridge, lectured on human
factors .engineering and environmental noise topics at the University of Michigan and the University of
California at Berkeley, and (while associated with Bell Telephone Laboratories and the University of
Michigan) performed research in sensory and physiological psychology.
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PAPERS AND PUBLICATIONS:
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"The Schultz curve 25 years later: A research perspective", Fidell, S., J. Acoust. Soc. Am., in press.
"Laboratory study of the noticeability and annoyance of sounds of low signal-to-noise ratio," Sneddon, M.,
Pearsons, K., and Fidell, S. Noise Control Eng. J., in press.
"Sensitivity to prospective transportation noise exposure", Fidell, S., and Pearsons, K., Noise Control Eng.
J., 51(2), pp. 106-113, Mazch-ApIY12003.
"Reliable prediction of community response to noise: why you can't get there from here", Fidell, S.,
Proceedings of Inter•noise 2002.
"Relationship between low-frequency aircraft noise and annoyance due to rattle and vibration", Fidell, S.,
Peazsons, K., Silvati, L., and Sneddon, M. J. Acoust. Soc. Am., Vol. 111(4), 1743-1750, April, 2002.
"Insufficiency of spectral information as a primary determinant of the annoyance of environmental sounds"
Fidell, S., Sneddon, M., Pearsons, K., Howe, R., Noise Control En~,~J., Vol. 50, No. 1, January-February
2002, pp. 12-18.
"Social survey of community response to a step change in aircraft noise exposure," Fidell, S., Silvati, L., and
Haboly, E. J. Acoust. Soc. Am., pp. 200-209, Vol.l l 1, No.1, Part 1, January, 2002.
"Relative rates of growth of annoyance of impulsive and non-impulsive noises," Fidell, S., Silvati, L., and
Pearsons, K. J. Acoust. Soc. Am., pp. 576-585, Vol.l l 1, No.l, Part 2, January, 2002.
"Effects on sleep disturbance of changes. in aircraft noise neaz three airports," Fidell, S., Pearsons, K.,
Tabachnick, B. G., and Howe, R., J. Acoust. Soc. Am. Vol. 107(5), Pt. 1, pp. 2535- 2547, May, 2000.
"Field study of the annoyance of low-frequency runway sideline noise," Fidell, S., Silvati, L., Pearsons, K.,
Lind, S., and Howe, R. J. Acoust. Soc. Am., Vol. 106(3), Pt. 1, September, 1999.
"Assessment of the effectiveness of aircraft noise regulation," Fidell, S., Noise and Health, Vol. 3, pp. 17
-25, April-June, 1999.
"Noticeability of a Decrease in Aircraft Noise," Fidell, S., Silvati, L., and Pearsons, K., Noise Control EnQ.
J., 46(2), 49-56, April 1998.
"Community Noise," Fidell, S., and Pearsons, K.S., Vol. II, Ch. 11, Enc~pedia of Acoustics, J. Wiley
and Sons, New York, 1997.
"Effects of Aircraft Overflights on Wilderness Recreationists,"Fidell, S., Silvati, L., Tabachnick, B., Howe,
R., Pearsons, K.S., Knopf, R.C., Gramann, J. and Buchanan, T., J. Acoust. Soc. Am., pp. 2909-2918, Vol.
100, No. 5, November 1996. See also S. Staples "Comment on `Effects of aircraft overflights on
29
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FIDELL ASSOCIATES, INC.
wilderness recreationists,' " J. Acoust. Soc. Am., pp. 1726-1728, Vol. 104, No. 3, September 1998; and S.
Fidell, J. Gramann, R. Knopf, and K. Pearsons, "Response to comments on effects of aircraft overflights
on wilderness recreationists," J. Acoust. Soc. Am., pp. 1729-1732, Vol. 104, No. 3, September 1998.
"Some Policy and Regulatory Implications of Recent Findings of Field Studies on Noise-Induced Sleep
Disturbance," Fidell, S., Proceedi ~L of Inter•noise 96, pp. 2261-2265.
"On the Noticeability of Small and Gradual Declines in Aircraft Noise Exposure Levels," Fidell, S., Silvati,
L. and Pearsons, K., Proceedings of Inter•noise 96, pp. 2247-2252.
"Audibility-Related Means for Assessing Community Response to Noise From Outdoor Events," Fidell,
S., Proceedings of Inter•noise 96, pp. 2001-2005.
"Assessment of Community Response to High Energy Impulsive Sounds," Fidell, S., ed., National Research
Council, National Academy Press, Washington, D.C., 1996.
"Questing After the Holy Grail of Psychoacoustics...Again!" Fidell, S. Sound & Vibration, May 1996.
"New CHABA Study of Assessment of High Energy Impulsive Noise," Fidell, S., Proceedings of INTER-
NOISE 95, Newport Beach, California, July 1995.
"Field Study ofNoise-Induced Sleep Disturbance," Fidell, S., Pearsons, K.S., Tabachnick, B.G., Howe, R.,
Silvati, L., and Barber, D.S., J. Acoust. Soc. Am., August 1995.
"Predicting Noise-Induced Sleep Disturbance," Pearsons, K.S., Barber, D.S., Tabachnick, B.G. and Fidell,
S., J. Acoust. Soc. Am., January 1995.
"Deriving aDosage-Response Relationship for Community Response to High-Energy Impulsive Noise,"
Fidell, S., and Pearsons, K.S., Proceedings of Sonic Boom Conference, NASA Langley Research Center,
June 1994.
"Comparison of Methods of Predicting Community Response to Impulsive and Nonimpulsive Noise,"
Fidell, S. and Pearsons, K.S., Proceedings of Sonic Boom Conference, NASA Ames Research Center, May
1993.
"Interpreting Findings About Community Response to Environmental Noise Exposure: What Do the Data
Say?;" Proceedings of the Pan-European Noise Conference EURO-NOISE 92, Imperial College, London,
September 1992.
"Noise-Induced Annoyance of Individuals and Communities," Fidell, S., and Green, D.M., Chapter 23 of
Handbook of Noise Control, C. Harris, Ed., 3rd Edition, 1991.
"Variability in the Criterion for Reporting Annoyance in Community Noise Surveys," Green, D.M. and
Fidell, S., J. Acoust. Soc. Am., Vol. 89, No, 1, pp. 234-243, January 1991.
30
FIDELL ASSOCIATES, INC.
PROPOSAL 0303
"Updating aDosage-Effect Relationship for the Prevalence of Noise-Related Annoyance," Fidell, S.,
Barber, D., and Schultz, T.J., J. Acoust. Soc. Am., January 1991.
"An Assessment of the Effect of Residential Acoustic Insulation on Prevalence of Annoyance in an Airport
Community," Fidell, S. and Silvati, L., J. Acoust. Soc. Am., January 1991.
"Relating the Annoyance of Aircraft Overflights to Their Audibility by Outdoor Recreationists," Fidell, S.
and Silvati, L., Proceedings of NOISE-CON 90, Austin, Texas, October 1990.
"An Historical Perspective on Predicting the Annoyance of Noise Exposure," Proceedings of NOISE-CON
90, Austin, Texas, October 1990, pp. 13-22.
"Audibility and Annoyance of En Route Noise of Unducted Fan Engines," Fidell, S., Hutchings, L.,
Helweg-Larsen, M., and Silvati, L., Federal Aviation Administration Report FAA-90-03, April 1990.
"Laboratory Tests of Hypotheses. Derived from aDecision-Theoretical Model of Noise-Induced
Annoyance," Fidell, S. and Silvati, L. Proceedings of INTERNOISE 89, December 1989, pp. 887-890.
"An Acoustic Range Prediction Model for Personal Computers," Fidell, S., Secrist, L., and Hams, M.,
Proceedings of the 10th Annual Symposium on Ground Vehicle Signatures, Michigan Technological
University, Houghton, Michigan, August, 1989.
"Feasibility of Studying Human Health Effects of Aircraft Noise in Residential Populations," Thompson,
S.J. and Fidell, S., In: Berglund, B., and Lindvall, T., Eds., Noise as a Public Health Problem, Vol. 4,
Swedish Council for Building Research, Stockholm, Sweden, August, 1988.
"A Theoretical Interpretation of the Prevalence Rate of Noise-Induced Annoyance in Residential
Populations," Fidell, S., Schultz, T.J., and Green, D.M., J. Acoust. Soc. Am., 84(6), December, 1988, pp.
2109-2113.
"Feasibility of Studying Human Health Effects of Aircraft Noise In Residential Populations," Thompson,
S., and Fidell, S., Proceedings of the Fifth International Congress on Noise as a Public Health Problem,
Stockholm, Sweden, August, 1988.
"Why Is Annoyance So Hard to Understand?," Fidell, S., in Environmental Annoyance: Characterization.
Measurement, and Control, H. Koelega, Ed., Elsevier Science Publishers, Amsterdam, 1987, pp. 51-56.
"Access Through DataProbe," Fidell, S., Moss, P., and Fortmann, T., DEC Professional, Vol. 5, No. 10,
October 1986, pp. 30-36.
"Torpedo Programs Pioneer Interactive Data Analysis," Fidell, S., Fortmann, T., Moss, P., and Means, J.,
Defense Electronics, Vol. 18, No. 9, September 1986.
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FIDELL ASSOCIATES, INC. PROPOSAL 0303
"Closing the Gap Between Data and Analysts," Fidell, S. and Fortmann, T., Hardcopv, Vol. 14, No. 12,
December 1985, pp. 139-141.
"Aircraft Noise Annoyance at Three Joint Air Carrier and General Aviation Airports," Fidell, S., Horonjeff,
R., Mills, J., Baldwin, E., Teffeteller, S., and Pearsons, K., J. Acoust. Soc. Am., 77(3), March 1985, pp.
1054-1068. See also Fidell, S. and Pearsons, K., "Comments on `The Effect of.Changes in Aircraft Noise
Exposure,' " J. Sound Vib., Vol. 103, No. 1, November 1985, pp. 139-140.
"Comments on Attention Demand and Recognition in the Perception of Warning Sounds and the Effects
of Wearing Hearing Protection by Wilkins and Martin," Fidell, S., J. Sound Vib., 98(1), 147-148, 1985.
"Community Response to Blasting," Fidell, S., Horonjeff, R., Schultz, T., and Teffeteller, S., J. Acoust.
Soc. Am., 74(3) September 1983, pp. 888-893. See also Fidell, S., and Horonjeff, R., "Reply to Bullen and
Job," J. Acoust. Soc. Am., 78(2), pp. 800-801, 1985; and Kessler, F.M., J. Acoust. Soc. Am., 78(5), p.
1904, 1985.
"Community Response to Noise," Chapter 10 of Noise and Society, Jones, D. and Chapman, A. Eds., John
Wiley and Sons, Ltd. Chichester, 1984.
"Effective Masking Bandwidths at Low Frequencies," Fidell, S., Horonjeff, R., Teffeteller, S., and Green,
D.M., J. Acoust. Soc. Am., Vol. 73, No. 2, 628-638, February 1983.
"Behavioral Awakening as Functions of Duration and Detestability of Noise Intrusions in the Home,"
Horonjeff, R., Fidell, S., Teffeteller, S., and Green, D.M., J. Sound Vib., Vol. 84, No. 3, September 1982.
"Dosage-Response Relationships for Community Annoyance with Blasting," Fidell, S. and Horonjeff, R.,
Proceedings of Internoise 82, San Francisco, 585-588, May 1982.
"Multimodal Signal Detection: Independent Decisions vs. Integration," Fidell, S., Perception and
Psycho~h sy ics, 31(1), 90, March 1982.
"Comments on `The Development of an Annoyance Scale for Community Noise Assessments,' "Fidell,
S., J. Sound Vib., Vol. 78, No. 1, 299-301, September 1981.
"Scaling the Annoyance of Intrusive Sounds," Fidell, S. and Teffeteller, S., J. Sound Vib., Vol. 78, No. 2,
291-298, September 1981.
R - "Detestability and Annoyance of Repetitive Impulsive Sounds," Fidell, S. and Horonjeff, R., Proceedings
of the 37th Annual Forum of the America Helicopter Society, No. 81-55, May 1981.
"Statistical Analyses of Urban Noise," Fidell, S., Horonjeff, R., and Green, D.M, Noise Control
Engl,_neering, Vol. 16, No. 2, 75-80, March-April 1981.
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FIDEI,I, ASSOCIATES, ING PROPOSAL 0303
~ "A Modern Psychophysical Procedure for Assessing Noise-Induced Annoyance," Fidell, S., Noise Control
~ _ En ing~eerinli, Vol. 14, No. 3, 127-131, May 1980.
"Adaptation to Changes in Aircraft Noise Exposure," Fidell, S., Horonjeff, R., Teffeteller, S., and Pearsons,
K., Presented at 99th meeting of ASA, Atlanta, Georgia, April 1980. Invited Paper- Session O.
"Speech Interference and Community Annoyance," Fidell, S., Chapter in Community Noise, ASTM
STP692, Peppin, R. and Rodman, C., Eds., American Society for Testing and Materials, November 1979.
"Predicting Annoyance from Detestability of Low Level Sounds," Fidell, S., Teffeteller, S., Horonjeff, R.,
and Green, D., J. Acoust. Soc. Am., Vol. 66, No. 5, 1427-1434, November 1979.
"Community Response to Noise," Fidell, S., Chapter 36 of Handbook of Noise Control, Second Edition,
C. Harris, Ed., McGraw-Hill, Inc., 1979.
"Protective Noise Levels," (Condensed version of EPA Levels Document), Fidell, S., (Ed.), EPA 550/9-79-
100, November 1978.
"Detestability and Effectiveness of Audible Warnings," Fidell, S., "Hazard Prevention" (Journal of the
System Safety Society), pp. 6-7, November/December 1978.
"Nationwide Urban Noise Survey," Fidell, S., J. Acoust. Soc. Am., Vol. 64(1), July 1978, pp. 198-206.
,--.
"Effectiveness of Audible Warning Signals for Emergency Vehicles," Fidell, S., Human Factors,
Vol. 20 (1), 19-26, February, 1978.
"Effects of Cessation of Late-Night Flights on an Airport Community," Fidell, S., and Jones G., J. Sound
Vib., Vol. 42(4), pp. 411-427, October 1975. See also "Reply to Patterson's Comments," J. Sound Vib.,
Vol. 47(3), pp. 449-450, August 1976.
"Industrial Noise-Effects and Control," Bruce, R., Fidell, S., and Shadley, J., Chapter III of Handbook of
Dangerous Properties, N. Sax, Ed., Van Nostrand Reinhold, 1975.
"Prediction of Aural Detestability of Noise Signals," Fidell, S., Pearsons, K., and Bennett, R., Human
Factors, Vol. 16(4), pp. 373-383, August 1974.
"The Noisiness of Impulsive Sounds," Fidell, S., Pearsons, K., Grignetti, M., and Green, D.M., J. Acoust.
Soc. Am., Vol. 48(6):1, pp. 1304-1310, December 1970.
"Sensory Function in Multimodal Signal Detection," Fidell, S., J. Acoust. Soc. Am., Vol. 47(4):2, pp.1009-
1015, Apri11970. See also Comments on Mulligan and Shaw's "Multimodal signal detection: Independent
decisions vs. integration," Fidell, S., Perception & Psychoph sy ics 1982, Vol. 31(1), p 90.
33
FIDELL ASSOCIATES, INC. PROPOSAL 0303
"The Effects of Overtraining on Reversal Learning Under Conditions of No Non-Reinforcement," Fidell,
S. and Birch, J.D., Psych~ on. Sci., Vol. 8(1), pp. 27-28, 1967.
ORAL PRESENTATIONS (REPRESENTATIVE LIST):
"Dosage-effect analysis of community response to transportation noise a quarter century after Schultz",
Distinguished Lecture presented at .the 146' meeting of the Acoustical Society of America, Austin, TX,
November 2003.
"Legal versus technical evidence of warning signal effectiveness", invited paper presented at the 146"'
meeting of the Acoustical Society of America, Austin, TX, November 2003.
"Rationale for noise regulation: How we got here and why we may not stay", presented at 143' meeting
of the Acoustical Society of America, Session 3aNS, Pittsburgh, PA, June, 2002.
"How many meta-analyses fit on the head of a pin?" presented at 140` meeting of the Acoustical Society
of America, Newport Beach, December, 2000.
"Interpreting the findings of social surveys of noise-induced annoyance," Fidell, S., presented at Internoise
2000, Nice, August, 2000.
"Developing a criterion for the annoyance of low-frequency noise," Fidell, S., presented at Internoise 2000,
Nice, August, 2000.
"Laboratory study of the annoyance of aircraft-induced secondary emissions," Fidell, S., Pearsons, K.,
Silvati, L., and Sneddon, M., presented at Internoise 2000, Nice, August, 2000.
"Studies of the annoyance of low-frequency aircraft noise at two civil airports," Fidell, S., Silvati, L.,
Pearsons, K., Howe, R., and Sneddon, M., presented at Internoise 2000, Nice, August, 2000.
"Community Response to Noise from Themed Entertainment Facilities," presented at Workshop on the
Acoustics of Themed Entertainment, organized by the Acoustical Society of America, Morro Bay, CA,
April, 1999.
"Social survey of the annoyance of low frequency aircraft ground noise," Fidell, S., Lind, S., and Pearsons,
K., presented at the 137th Meeting of the Acoustical Society of America, Berlin, March, 1999.
"How many ways is it worth slicing the social survey data cake?" Fidell, S., presented at the 137th Meeting
of the Acoustical Society of America, Berlin, March, 1999.
"Case study of the utility of extending the low-frequency range of standards for sound isolation in
buildings," Lind, S., Pearsons, K., and Fidell, S., presented at the 137th Meeting of the Acoustical Society.
of America, Berlin, March, 1999.
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FIDELL ASSOCIATES, INC. PROPOSAL 0303
,; --~ "Effect of low frequency content on the-rate of growth of annoyance of impulsive sounds," Fidell, S.,
'~ presented at the Joint Meeting of the International Congress on Acoustics and the Acoustical Society of
America, Seattle, Washington, June 1998.
"Airport Noise Management," Fidell, S., lecture presented for "Airport Systems Planning and Design" short
course, Continuing Education in Engineering, U.C. Berkeley, Berkeley, CA, 1998-2001.
"Measurements of personal aircraft noise exposure of outdoor recreationists," Sneddon, M., Fidell, S., and
Pearsons, K., J. Acoust. Soc. Am., Vol. 102, No. 5, Pt. 2 (November 1997).
"Comparison of noise metrics for predicting the annoyance of aircraft overflight noise," Pearsons, K., Howe,
R., Sneddon, M., Silvati, L., and Fidell, S., J. Acoust. Soc. Am., Vol. 102, No. 5, Pt. 2 (November 1997).
"Noise Metrics: Purpose/Criteria," Fidell, S., presented at 12~' Annual Airport Noise and Land Use
Compatibility Symposium, University of California Institute of Transportation Studies, San Diego, CA,
February 1997.
"The Role of Social Surveys in Airport Noise Analyses," Fidell, S., presented at Annual Conference of
Airports Council International, Pacific Region, Narita Airport, Japan, May 1996.
"Relationship Between Judgments of Neighborhood Noisiness and Prevalence of Noise-Induced
Annoyance," Fidell, S., presented at 131st Meeting of the Acoustical Society of America, Indianapolis,
(~ ' Indiana, May 1996.
"Applications of the Noise Budget Concept," Fidell, S., presented at the 9th Airport Noise Management
Seminar of the U.C. Berkeley Institute for Transportation Studies, San Diego, CA, February 1996.
"The Meaningfulness of Reductions in Aircraft Noise Exposure in Airport Neighborhoods," Fidell, S.,
presented at the 130th Meeting of the Acoustical Society of America, St. Louis, MO, November 1995.
"Comparison of New Methods for Assessing Community Response to High Energy Impulsive Sounds,"
Fidell, S., presented at the 1995 Sonic Boom Workshop, NASA Langley Research Center, Hampton, VA.,
September 1995.
"Review of Effects of Aircraft Noise on Health, Sleep and Residential Property Sale Prices," Fidell, S.,
presented at the American Association of Airport Executives 9th Annual Aircraft Noise and Land Use
Workshop, Orlando, FL, August 1995.
"On the Smallest Meaningful Reduction in Aircraft Noise Exposure," Fidell, S., presented at the 25th
Annual NOISE Meeting and Aviation Noise Symposium, Washington, D.C., July 1995.
"Update on Effects of Noise on People," Fidell, S., invited address presented at the 24th Annual Meeting,
National Organization to Insure aSound-Controlled Environment, College Park, GA, July 1994.
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F'IDELL ASSOCIATES, INC.
PROPOSAL 0303
"Initial Results of Study of Aircraft Noise Effects on Residential Sleep Disturbance," Fidell, S., Pearsons,
K., Howe, R., Tabachnick, B., Silvati, L., and Barber, D., presented at the 127th Meeting of the Acoustical
Society of America, Massachusetts Institute of Technology, Cambridge, MA, June 1994.
"Software System for Quantitative, Observer-Based Analyses of Aircraft Noise," Reddingius, N.H.,
Sneddon, M.D., Smyth, J.S., and Fidell, S., presented at the 127th Meeting of the Acoustical Society of
America, Massachusetts Institute of Technology, Cambridge, MA, June 1994.
"Assessing Effects of Military Aircraft Noise on Residential Property Values Near. Airbases," Fidell, S.,
Silvati, L., Tabachnick, B., and Cook, B., presented at the 1994 NATO CCMS Symposium on Aircraft
Noise Abatement Receiver Technology, Baltimore, MD, May 1994.
"Re-evaluation of Information about Community Response to Impulsive Noise Exposure," Fidell, S.,
presented at .the 1994 NATO CCMS Symposium on .Aircraft Noise Abatement Receiver Technology,
Baltimore, MD, May 1994.
"Implementing Observer-Based Detectability Contours for Aircraft Noise," Reddingius, N., Sneddon, M.,
and Fidell, S., presented at the 1994 NATO CCMS Symposium on Aircraft Noise Abatement Receiver
Technology, Baltimore, MD, May 1994.
"Assessing Effects of Military Aircraft Noise on Residential Property Values Near Airbases," Fidell, S.,
Tabachnick, B., Silvati, L., and Cook, B., presented at NOISE-CON 94, Fort Lauderdale, FL, May 1994.
"Predicting Effects of Noise Exposure on Awakening," Tabachnick, Barbara G., Pearsons, Karl S., Barber,
David S., and Fidell, S., presented at the Western Psychological Association, Kona, HI, April 1994.
"Design of aLarge-Scale, In-Home Study of Noise-Induced Sleep Disturbance," Fidell, S., Pearsons, K.S.,
and Howe, R., presented at the 126th Meeting of the Acoustical Society of America, Denver, CO, October
1993.
"Geographic Representation of Noticeability of Aircraft Noise in Grand Canyon National Park," Fidell, S.,
Sneddon, M., Smyth, J., and Pearsons, K., presented: at the 123rd Acoustical Society of America
Conference, Salt Lake City, UT, May 1992.
"Cardiovascular Response to Noise with Emphasis on the Effect of Hearing Protection Devices: A Review
of Epidemiologic Studies," Thompson, S.J., and Fidell, S., Hearing Conservation Conference, Cincinnati,
OH, April 1992.
"A GIS-based Aircraft Noise Decision Support System," Fidell, S., and Reddingius, N., 7th Annual Grass
User's Conference, Denver, CO, March 1992..
"Prediction of Community Response to Sporadic Sonic Booms," Fidell, S. and Pearsons, K. S., Sonic Boom
Workshop, NASA Langley Research Center, Langley, VA, February, 1992.
36
F`m~. Assoczn~rES, I1vc. P1tOPOSAi. 0303
~~~'~ "A Novel Approach to Computation of Aircraft Noise Contours," Fidell, S., Reddingius, N., Smyth, J. and
Sneddon, M., Presented at the 122nd meeting of the Acoustical Society of America, Houston, Texas,
October 1991.
"Portable Device for Real-Time Administration of a Branching Questionnaire," Fidell, S., Brockett, D. and
McCraw, M., Presented at the 122nd meeting of the Acoustical Society of America, Houston, Texas,
October, 1991.
"Audibility-Based Annoyance Prediction Modeling," Fidell, S. and Finegold, L.S., 78th Symposium of
NATO AGARD the Propulsion and Energetics Panel, Bonn, Germany, October 1991.
"Observer-based Audibility Contours for Helicopter Noise," Fidell, S. presented at NATO CCMS Rotary
Wing Noise Symposium, Monterey, CA, July 1991.
"Detection of Wind Noise Artifacts in Outdoor Noise Measurements," Sneddon, M., Silvati, L., Fidell, S.,
and Harrison, R., presented at the 120th meeting of the Acoustical Society of America, November 1990.
"A Novel Method for Assessing the Annoyance of Aircraft Overflights in Outdoor Recreational Settings,"
Fidell, S., Silvati, L., and Harrison, R., presented at the 120th meeting of the Acoustical Society of America,
November 1990.
"Predicting Sound Levels from Wind Speed in a Coniferous Forest," Sneddon, M., Silvati, L., and Fidell,
y-- ~; S., presented at the 120th meeting of the Acoustical Society of America, November 1990.
"NSBIT Program: Development of Assessment System for Aircraft Noise and Research on Human Impacts
Due to Aircraft Noise," Finegold, L. S., Fidell, S., Reddingius, N. H. and Kugler, B. A., presented at
NOISE-CON 90, Austin, Texas, October 1990.
"Heterogeneity of Ambient Noise Distributions of Natural Origin," Silvati, L., Fidell, S., and Harrison, R.,
presented at the 119th meeting of the Acoustical Society of America, May 1990.
"Relative Masking Effectiveness of Self--Noise and Ambient Noise Distributions in Outdoor Recreational
Settings," Fidell, S., Silvati, L., Pearsons, K., and Harrison, R., presented at the 119th meeting of the
Acoustical Society of America, May 1990.
"The Concept of Audibility-Based Aircraft Noise Contours," Fidell, S., Reddingius, N., and Hodapp, S.,
presented at the 119th meeting of the Acoustical Society of America, May 1990.
"Contributions of Theodore Schultz to Understanding Community Response to Environmental Noise
Exposure," Fidell, S., presented at the 119th meeting of the Acoustical Society of America, May 1990.
"The Influence of Non-Acoustic Factors on Judgments of the Annoyance of Noise Exposure," Fidell, S.,
and Green, D., presented at the 119th meeting of the Acoustical Society, May 1990.
~,
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FIDELL ASSOCIATES, INC.
"Adaptation of a Residential Dosage-Response Relationship for Aircraft Noise Annoyance to the Outdoor
Recreational Setting," Hartmann, L., and Fidell, S., presented at the 119th meeting of the Acoustical Societe
of America, May 1990.
"Predicting the Audibility and Annoyance of Unducted Fan Engines," Fidell, S., Secrist, L., and Helweg-
Larsen, M.,presented atthe FAA/NASA En Route Noise Symposium, Hampton, Virginia, September,1989.
"Revision of aDosage-Effect Relationship for the Prevalence of Noise-Related Annoyance," presented at
117th meeting of Acoustical Society of America, May 1989.
"The Marriage of GRASS and ORACLE," Fidell, S., Harris, M., and Reddingius, N., paper presented at 5th
Annual GRASS User's Group Meeting, Champaign, II., October, 1988.
"Auditory Displays and Acoustic Warning Signals," Lectures given at University of Michigan Human
Factors Short Course, Ann Arbor, MI, August, 1988, 1989, 1990.
"United States Air Force Assessment System for Aircraft Noise," Long, G., and Fidell, S., paper presented
at NATO-CCMS Pilot Study on Aircraft Noise, Williamsburg, Virginia, April 1988.
"A Theoretical Model of the Annoyance of Individual Noise Intrusions," Fidell, S., Green, D.M., and
Pearsons, K., paper presented at the 114th meeting of the Acoustical Society of America, November 1987.
"A Theoretical Interpretation of aDosage-Effect Relationship for the Prevalence of Annoyance in a
Community," Fidell, S., Green, D.M., and Schultz, T. J., paper presented at 114th meeting of the Acoustic
Society of America, November 1987.
"Distributed Processing for Real-Time Data Collection, Display, and Analysis," Fidell, S., Moss, P.,
Fortmann, T., Sneddon, M., and Milligan, S., paper presented at International Telemetering Conference, San
Diego, California, October 1987.
"An Interactive Graphic System for Acquiring and Analyzing Proportional Bandwidth Acoustic Data,"
Sneddon, M., and Fidell, S., paper presented at 112th Meeting of the Acoustical Society of America,
December 1986.
"Community Adaptation to Changes in Noise Exposure," Horonjeff, R., and Fidell, S., paper presented at
Summer Meeting of Transportation Research Board Committee on Transportation-Related Noise and
Vibration, Los Angeles, California, June 1984.
"Some Similarities in Community Response to Aircraft and Road Traffic Noise," Fidell, S., paper presented
at 106th Meeting of the Acoustical Society of America, November 1983.
"The State of the Art of Assessment of Noise Induced Annoyance," Fidell, S., invited paper presented at
102nd meeting of the Acoustical Society of America, December 198 L
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FIDELL ASSOCIATES, INC. PROPOSAL 0303
"Approximating Low Frequency Masking Bandwidths with One-Third Octave Bands," Horonjeff, R., Fidell,
S., and Green, D., presented at the 100th meeting of the Acoustical Society of America, November 1980.
"Validation of Annoyance Scales for Social Surveys of Community Reaction to Noise Exposure," Fidell,
S., presented at the 99th meeting of the Acoustical Society of America, April 1980.
"Room Acoustics and Mobility of the Visually Impaired," Fidell, S., presented at the 98th meeting of the
Acoustical Society of America, November 1979.
"Effects of Temporal Variability of Urban Noise of Signal Detectability," Fidell, S., invited paper presented
at the 98th meeting of the Acoustical Society of America, November 1979.
"Effective Masking Bandwidths at Low Frequencies," Fidell, S., Horonjeff, R., Teffeteller, S., and Green,
D., presented at the 97th meeting of the Acoustical Society of America, June 1979.
"Evaluation of Effectiveness of Residential Fire Protection System Audible Warning Signals," Fidell, S.,
presented at the 83rd annual meeting of the National Fire Protection Association, May 1979.
"A New Procedure for Simultaneous Comparison of the Annoyance of Multiple Noise Sources," Fidell, S.,
Horonjeff, R., and Pearsons, K., presented at the 96th. meeting of the Acoustical Society of America,
November 1978.
"Signal to Noise Ratios forEmergency Vehicle Alarms," Fidell, S., presented at Workshop on Optimization
' of Emergency Audible Warning Devices, U.S. Department of Transportation, Transportation Systems
Center, Cambridge, Massachusetts, June 1978.
"Acoustic Detectability of Helicopters from Within Armored Vehicles," Fidell, S., presented at Human
Factors Society Symposium "Human Factors in Southern California," Northridge, California, January 1979.
"The Relationship Between Community Annoyance and Speech Interference," Fidell, S., presented at the
94th meeting of the Acoustical Society of America, December 1977.
"The Relationship Between Detectability and Annoyance of Low Level Signals," Fidell, S., presented at the
94th meeting of the Acoustical Society of America, December 1977.
"Assessment of Noise Impact in Transportation Planning," Fidell, S., presented at the 92nd meeting of the
Acoustical Society. of America, November 1976.
"Signal Detection in Time Varying Noise Backgrounds," Fidell, S., presented at the 92nd meeting of the
Acoustical Society of America, November 1976.
"The Primate Experience," Fidell, S., presented at the 56th meeting of the Western Psychological
Association, April 1976.
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FIDELL ASSOCIATES, INC.
"Detestability and Effectiveness of Automotive Warning Signals," Fidell, S., presented at the 90th meeting
of the Acoustical Society of America, November 1975.
"On the Meaningfulness of Noise Measurements in Audio Systems," Fidell, S., presented at the 51st
Convention of the Audio Engineering Society, May 1975.
"A Review of Recent Community Noise Research in the U.S.A.," Fidell, S., Keynote Address presented at
Noise, Shock and Vibration Conference, Melbourne, Australia, May 1974.
"Effects of Discontinuation of Nocturnal Aircraft Noise,".Fidell, S., and Jones, G., presented at the 86th
meeting of the Acoustical Society of America, November 1973.
"Speech Intelligibility in the Presence of Time Varying Traffic Noise," Pearsons, K. and Fidell, S, presented
at the Human Factors Society Meeting, Washington, D.C., October 1983.
"A Novel Method for Assessing Noise-Induced Annoyance in the Home," Fidell, S., presented at the 1973
meeting ofthe NAS-NRC Committee of Hearing, Bioacoustics, andBiomechanics (CHABA), Washington,
D.C., April 1973.
"Noise and Noise Levels Affecting the Human Sensory System," Bruce, R., and Fidell, S., presented at the
International Pollution Engineering Exposition and Congress, Cleveland, Ohio, December 1972.
Panelist, Hearings on Psychological and Physiological Effects of Noise on Man, Environmental Protection
Agency, Boston, Massachusetts, October 1971.
"Prediction of Aural Detestability in Varying Noise Backgrounds," Fidell, S., and Pearsons, K. S., presented
at the 82nd meeting of the Acoustical Society of America, October, 1971.
"Sensory Interaction in Signal Detection," Fidell, S., presented at the 78th meeting of the Acoustical Society
of America, November, 1969.
SPONSORED TECHNICAL REPORTS (REPRESENTATIVE LIST):
"Review of Calendar Year 2000 Noise Exposure Contours for O'Hare International Airport," Fidell, S.,
Sneddon, M., and Silvati, L., Fidell Associates Report 0103, November, 2001.
"Social Survey of Aircraft Noise Impacts on Residents of Wesley Homes," Fidell, S., and Fidell, L., Fidell
Associates Report 0102, November, 200E
"Review of SFO Aircraft Noise, Flight Tracks, and Complaint Records," Fidell, S., Howe, R. R., Pearsons,
K. S., and Silvati, L., BBN Report 8279, November, 2000.
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FIDELL ASSOCIATES, INC. PROPOSAL 0303
"Interim Report of Findings: Benchmarking ANMS Noise Event Classification Performance," Sneddon,
M., and Fidell, S., BBN Report 8275, March, 2000.
"Study of the Levels, Annoyance and Potential Mitigation of Backblast Noise at San Francisco International
Airport," Pearsons, K., Fidell, S., Silvati, L., Sneddon, M., and Howe, R. BBN Report 8257, January 2000.
"Empirical Study of South San Francisco's Aircraft Noise Insulation Program," Fidell, S., and Silvati, L.,
BBN Report 8256, May, 1999.
"Review of 1997 Noise Exposure Contours for O'Hare International Airport," Fidell, S., Silvati, L., and
Lind, S.J., BBN Report 8243, January, 1999.
"Sound Insulation Requirements for Mitigation of Aircraft Noise Impacts on Highline School District
Facilities," Lind, S., Pearsons, K., and Fidell, S., BBN Report 8240, November 1998.
"Review of ANMS Flight Track Processing," Sneddon, M., and Fidell, S., BBN Report 8149, October,
1998.
"Field Studies of Habituation to Change in Nighttime Aircraft Noise and of Sleep Motility Measurement
Methods," Fidell, S., Howe, R., Tabachnick, B., Pearsons, K., Silvati, L., Sneddon, M., and Fletcher, E.,
BBN Report 8195, March 1998.
"Use of Airport Noise Complaint Files to Improve Understanding of Community Response to Aircraft
Noise," Fidell, S., and Howe, R., BBN Report 8215, NASA Contractor Report CR-1998-207650, NASA
Langley Research Center, Hampton, Virginia, February 1998.
"Noise Reduction Measurements at the Goldenrod Showboat," Lind, S., Fletcher, E., and Fidell, S., BBN
Report 8224, January 1998.
"Sound Transmission Loss Measurements at Five Sites in Richfield, Minnesota," Lind, S., Fidell, S., and
Fletcher, E., BBN Report 8220, January 1998.
"Relative Rates of Growth of Annoyance of Impulsive and Non-Impulsive Noises," Fidell, S., Silvati, L.
Pearsons, K., Howe, R., and Lind, S., BBN Report 8213, December 1997.
"Classification of Aircraft Noise Events Using One-Third Octave Band Information," Sneddon, M., and
Fidell, S., BBN Report 8210, December 1997.
"Comparison of Predictors of the Annoyance of Commuter, Stage II, and Stage III Aircraft Overflights as
Heard Outdoors," Pearsons, K.,Howe, R.,Sneddon, M.,Silvati, L., andFidell, S., NASA ContractorReport
CR-97-205812, December, 1997, NASA Langley Research Center, Hampton, VA.
"Field Study of the Annoyance of Low Frequency Runway Sideline Noise," Fidell, S., Silvati, L., Pearsons,
K., Lind, S., and Howe, R., BBN Report 8211, October, 1997.
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"Report of an Acoustic Analysis," Fidell, S., BBN Report 8203, June 1997.
"An Analysis of Anticipated Low Frequency Aircraft Noise in Richfield Due to Operation of a Proposed
North-South Runway at MSP," Lind, S., Pearsons, K., and Fidell, S., BBN Report 8196, May 1997.
"Comparison of Place and Personal Aircraft Noise Measurements in an Outdoor Recreational Setting,"
Sneddon, M., Howe, R., Lind, S., and Fidell, S., BBN Report 8189, April 1997.
"Comparison of Public Law 100-91 Reports to.Congress," Tabachnick, B., Fidell, S., and Pearsons, K.,
BBN Report 8133, December 1996.
"Laboratory Study of the Noticeability and Annoyance of Sounds of Low Signal-to-Noise Ratio," Sneddon,
M., Howe, R., Pearsons, K., and Fidell, S., NASA Contractor Report 201613, NASA Langley Research
Center, Hampton, VA, November 1996.
"Effects of Military Aircraft Noise on Residential Property Values," Fidell, S., Tabachnick, B., and Silvati,
S., BBN Report 8102, October, 1996.
"Social Survey of Community Preferences for Aircraft Noise Mitigation Measures," Fidell, S., Silvati, L,
and Howe, R., BBN Report 8172, August 1996.
"Analysis of First Year's Performance of Denver International Airport's Aircraft Noise and Operations
Monitoring System," Fidell, S., and Pearsons, K., BBN Report 8168, July, 1996.
"Comparison of the Performance of Noise Metrics as Predictors of the Annoyance of Stage II and Stage III
Aircraft Overflights," Pearsons, K., Howe, R., Sneddon, M., and Fidell, S., NASA Contractor Report
198348, NASA Langley Research Center, Hampton, VA, July 1996.
"An Assessment of Commuter Aircraft Noise Impact," Fidell, S., Pearsons, K., Silvati, L., and Sneddon,
M., NASA Contractor Report 198316, NASA Langley Research Center, Hampton, VA, June 1996.
"Noise-Induced Sleep Disturbance in Residences. Near Two Civil Airports," Fidell, S., Howe, R.,
Tabachnick, B., Pearsons, K., and Sneddon, M., NASA ContractorReport 198252, NASA Langley Research
Center, Hampton, VA, December 1995.
"Social Survey of Community Response to Noise Exposure Near Vancouver International Airport," Fidell,
S., Silvati, L., and Fletcher, E., BBN Report 8105, Canoga Park, CA 91303-2853, October 1995.
"Analysis of Compliance of Denver International Airport's Aircraft Noise and Operations Monitoring
System with Inter-Governmental Agreement of 21 April 1988," Fidell, S., BBN Report 8015, October 1994.
"Noise-Induced Sleep Disturbance in Residential Settings," Fidell, S., Pearsons, K., Howe, R., Tabachnick,
B., Silvati, L. and Barber, D., BBN Report 7932, November 1993.
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"Software Requirements Specification for the National Park Service Overflight Decision Support System,"
Reddingius, N. H., and Fidell, S., BBN Report 7681, February 1992.
"Evaluation of the Effectiveness of SFAR 50-2 in Restoring Natural Quiet to Grand Canyon National Park,"
Fidell, S., Pearsons, K. S., and Sneddon, M. D., BBN Report 7197, February 1992.
"Study Designs for Quantification of Response Bias and Ambient Noise Effects on Noise-Induced
Annoyance," Fidell, S., Tabachnick, B., and Barber, D., NSBTT Technical Operating Report No. 21, June
1990.
"Relationship Between Short and Long Term Annoyance of Noise Exposure," Fidell, S., Green, D. and
Sneddon, M., NSBIT Technical Operating Report No. 22, July 1990.
"Requirements and Conceptual Design For a Miniaturized, Computer-Based System For Real-Time
Monitoring of Environmental Noise Exposure and Human Response," Wagoner, J., and Fidell, S., BBN
Report 7211, March 1990.
"A Research Program Plan For Public Law 100-91 Aircraft Overflight Management Studies," Fidell, S.,
National Park Service Report NPOA-90-1, March 1990.
"Acoustic Measurements of Sonic Booms and Ambient Sound Levels in the Selway-Bitterroot Wilderness
Area," Fidell, S., Silvati, L., and Pearsons, K., BBN Report 7196, January 1990.
~~
"Suitability of Aircraft Noise Contouring Methods For Public Law 100-91 Analyses," Fidell, S., and
Reddingius, N., BBN Report 7233, January 1990.
"Updating aDosage-Effect Relationship for the Prevalence of Annoyance Due to General Transportation
Noise," Fidell, S., Barber, D., and Schultz, T.J., U.S. Air Force Technical Report HSD-TR-89-009,
December 1989.
"Feasibility of Epidemiologic Research on Nonauditory Health Effects of Aircraft Noise Exposure,"
Thompson, S., Fidell, S., andTabachnick, B., U.S. AirForce Technical Report HSD-TR-89-007, December
1989.
"Effect of Additional Flight Operations at LGB on the Prevalence of Aircraft Noise Annoyance," Fidell,
S., .and Silvati, L. BBN Report 7141, September 1989.
"A Strategy for Studying Health Effects of Residential Aircraft Noise Exposure," Fidell, S., and Thompson,
S. BBN Report 7044, September, 1989.
"Initial Development of an Assessment System for Aircraft Noise (ASAN),".Fidell, S., Reddingius, N.,
Harris,. M., and Kugler, B.A., U.S. Air Force Technical Report HSD-TR-89-010, August 1989.
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"Empirical Tests of Hypotheses Derivedfrom aDecision-Theoretical Model ofNoise-Induced Annoyance,"
Fidell, S., Silvati, L., and Secrist, L., BBN Report 6739, August 1989.
"Development of Version 7 of an Acoustic Detection Range Prediction Model (ADRPM-7)," Fidell, S.,
Secrist, L., Harris, M., and Sneddon, M., U.S. Army Tank-Automotive Command Technical Report 13397,
March 1989.
"A Systematic Interpretation of aDosage-Effect Relationship for the Prevalence of Noise-Induced
Annoyance," Fidell, S., and Green, D.M., U.S. AirForce Technical Report HSD-TR-89-0007, January 1989.
"Development of Version 7 of an Acoustic Detection Range Prediction Model (ADRPM-7)," Fidell, S.,
Secrist, L., Harris, M., and Sneddon, M., BBN Report 6737, September, 1988.
"A Strategy for Understanding Noise-Induced Annoyance," Fidell, S., Green, D., Schultz, T.J., and
Pearsons, K., U.S. Air Force Technical Report HSD-TR-87-013, August 1988.
"A Rationale and Plan for Developing Improved Means of Predicting Aircraft Noise Annoyance," Fidell,
S., and Green, D., BBN Report 6751, June 1988.
"Preliminary Analysis of the Audibility and Annoyance of Noise Produced by Unducted Fan Aircraft
Engines," Fidell, S., and Secrist, L., BBN Report 6504, September 1987.
"Detailed Design Specifications for a Prototype Assessment System for Aircraft Noise (ASAN)," Fidell,
S., Harris, M., and Reddingius, N., BBN Report 6499, October 1987.
"Research Plan on the Effects of Aircraft Noise and Sonic Booms on Humans," Fidell, S., and Kugler, B.A.,
BBN Report 6495, September 1987.
"Feasibility of Countermeasures to Reduce the Vulnerability of Helicopters to Acoustic Sensing Systems.
(U)," Fidell, S., Mucci, R., and Briscoe, H., BBN SECRET Report 6053, February 1987.
"Cockpit Automation Technology," Pew, R., Olstad, M., Sherman, H., and BBN Staff, BBN Report 6133,
June 1986.
"Attitudinal Survey Conducted in Conjunction with Test of Scatter Plan at Washington National Airport,"
Fidell, S., Horonjeff, R., Teffeteller, S., and Tomooka, S., BBN Report 5547, May 1984.
"A Computer Program For Predicting Audibility of Noise Sources," Horonjeff, R., and Fidell, S., U.S. Air
Force Flight Dynamics Laboratory, AFWAL Technical Report 83-3115, October 1983.
"Preliminary Investigation of the Aversiveness of High Level Sounds," Pearsons, K., and Fidell, S., BBN
Report 5312, July 1983.
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"The Detestability of Repetitive Periodic Impulses," Horonjeff, R., Fidell, S., and Green, D., BBN Report
5314, May 1983.
"Survey of Opinions About Living Conditions in Two Neighborhoods Near Greater Pittsburgh International
Airport," Fidell, S., BBN Report 5075, May 1983.
"Preliminary Selection of Signals for Acoustic Egress System," Pearsons, K., and Fidell, S., BBN Report
5060, November 1982.
"Evaluation of Noise Exposure and Community Response Due to Temporary Reinstitution of Night
Landings at Westchester County Airport," Baldwin, E., and Fidell, S., BBN Report 5083, July 1982.
"Community Response to Three Noise Abatement Departure Procedures at John Wayne Airport," Fidell,
S., Miils, J., Teffeteller, S., and Pearsons, K., BBN Report 4743, June 1982.
"A Graphic Method for Predicting Audibility of Noise Sources," Fidell, S., and Horonjeff, R., U.S AirForce
Wright Aeronautical Laboratories, Flight Dynamics Laboratory, AFWAL-TR-82-3086, October 1982.
"Technical Review of Decision Making Process and Supporting Documents of 16 December,1980 Ruling
on Alton Coal Field Petition," Dietrich, C.W., Fidell, S., Rubin, M., and Pearsons, K., BBN Report 4846,
April 1982.
~-..,
"Community Sensitivity to Changes in Aircraft Noise Exposure," Fidell, S., Horonjeff, R., Teffeteller, S.,
and Pearsons, K., National Aeronautics and Space Administration CR-3490, December 1981.
"Measurements of the Impulsiveness and Annoyance ofCompression-Release Engine Brake Noise," Fidell,
S., and Horonjeff, R., BBN Report 4550, September 1981.
"Temporal Integration in Low Frequency Auditory Detection," Fidell, S., Horonjeff, R., Teffeteller, S., and
Green, D.M., U. S. Army Applied Technology Laboratory Technical Report USAAVRADCOM TR 81-D-8,
March 1981.
"Revision of Acoustic Detection Range Prediction Model Based on Psychoacoustic Study of Low Frequency
Masking," Fidell, S., Horonjeff, R., Teffeteller, S., and Green, D.M., U.S. Army Tank-Automotive
Command, Research and Development Center, Technical Report 12543, December 1980.
"A Critical Review of Time-of--Day Weighting Factors for Cumulative Measures of Community Noise
Exposure," Fidell, S., and Schultz, T., BBN Report 4216, March 1980.
"Scaling Annoyance for Social Surveys of Community Reaction to Noise Exposure," Fidell, S., and
Teffeteller, S., BBN Report 4211, February 1980.
"Feasibility Analysis for a New Computer System," Nickerson, R., Fidell, S., Kalikow, D., Nuthmann, C.,
Feehrer, C., Selfridge, O., and Vittal, J., BBN Report 4030, January 1980.
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"Initial Study of the Effects of Transformer and Transmission Line Noise on People, Volume III;
Community Reaction," Fidell, S.,Teffeteller, R., and Pearsons, K., Electric Power Research Institute Report
EA-1240, December 1979.
"Low Frequency Acoustic Detection ResearA I lied Technology Laboratory T ehng a Report USARTL~
S., Horonjeff, R., and Green, D., U.S. Army pp
TR-79-25, AD #A080579, October 1979.
"Noticeability and Annoyance of Electrical Power Transformers in Urban Noise Backgrounds," Pearsons,
K., Fidell, S., Horonjeff, R., and Teffeteller, S., BBN Report 4004, August 1979.
"Evaluation of the Detestability of Residential Fire Alarms," Myles, M., and Fidell, S., BBN Report 3833,
June 1978.
"Effectiveness of Audible Warning Devices on Emergency Vehicles," Fidell, S., Potter, R., Myles, M., and
Keast, D., U.S. Department of Transportation, Report DOT-TSC-OST-770-39, August 1977.
"Speech Levels in Various Noise Environments," Pearsons, K., Bennett, R., and. Fidell, S., U.S.
Environmental Protection Agency, Environmental Health Effects Research Series, EPA-60011-77-025, May
1977.
"The C3 System User," Nickerson, R.S., Adams, M.J., Pew, R.W., Swets, J.A., Fidell, S., Feehrer, C.E.,
Yntema, D.B., and Green, D.M., BBN Report 3459, May 1977.
"Prediction of Acoustic Detection Ranges .for Multiple Sources and Spatially Distributed Detectors,"
Horonjeff, R., andFidell, S., U.S. ArmyTank-Automotive Research andDevelopment CommandTechnical
Report 12240, AD #BO-23087L, January 1977.
"Feasibility of Acoustic Detection Within Armored Vehicles," Fidell, S., Starr E., and Green, D.M., U.S.
Army Tank Automotive Research and Development Command Technical Report 12239, AD #B023313L,
January 1977.
"Transportation Facility Proximity Impact Assessment," Stutsman, J., Holder, S., and Fidell, S., California
Department of Transportation, Report BAH-GA-BBN-76-O1, March 1976.
"Test Plan for Aircraft Runup Noise Penalty Evaluation," Fidell, S., U.S. Air Force Aerospace Medical
Research Laboratory, TR-75-110, March 1976.
"Behavioral Analysis of Workers and Job Hazards in the Roofing Industry," Prather, K., Crisera, R., and
Fidell, S., Department of Health, Education and Welfare, Publication No. (NIOSH) 75-176, June 1975.
"Prediction of Acoustic Detestability," Fidell, S., and Bishop, D., U.S. Army Tank Automotive Command
Technical Report 11949, AD #B000324L, August 1974.
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"Quiet Highway Design," 20 minute, color and sound 16mm film, February 1974.
"Effect of Cessation of Late-Night Landing Noise on Sleep Electrophysiology in the Home," Pearsons, K.,
Fidell, S., and Bennett, R., National Aeronautics and Space Administration, CR-132543, December 1974.
"Time Varying Highway Noise Criteria," Pearsons, K.S., Bennett, R.L., and Fidell, S., BBN Report 2739,
November 1974.
"Feasibility of a Novel Technique for Assessing Noise-Induced Annoyance," Fidell, S., and Jones, G.,
Department of Transportation Report DOT-TST-74-3, NTIS PB-225334, September 1973.
"The Effects of Aircraft Noise on Sleep Electrophysiology as Recorded in the Home," Pearsons, K., Fidell,
S., and Bennett, R., National Aeronautics and Space Administration, NASl-9559-19, August 1973.
"Predicting Aural Detectability of Aircraft in Noise Backgrounds," Fidell, S., Pearsons, K., and Bennett,
R., U.S. Air Force Flight Dynamics Laboratory Technical Report AFFDL-TR-72-16, July 1972.
"Aircraft Noise Analyses for the Existing Air Carrier System," Galloway, W., Simpson, M., Reddingius,
N., Bishop, D., and Fidell, S., BBN Report 2218, September 1972.
"Highway Noise-A Field Evaluation of Traffic Noise Reduction Measures," Vol. 3, Pearsons, K., Bennett,
R., and Fidell, S., BBN Report 2209, June 1972.
r,
"Noise from Construction, Home Appliances, and Building Equipment," Franken, P., Bender, E., and Fidell,
S., BBN Report 2192, September 1971.
"Study of the Effects of the Doppler Shift on Perceived Noisiness," Pearsons, K., Bennett, R., and Fidell,
S., National Aeronautics and Space Administration, CR-1779, July 1971.
A.2 RESUME OF MR. MATTHEW SNEDDON
SUMMARY
Matt Sneddon has over twenty-five years experience spanning a broad range of acoustics research,
development, and testing activities. Much of this work has been interdisciplinary in nature, involving
- acoustics, systems integration, and software development. As a Senior Scientist with Bolt, Beranek, and
Newman, he worked on or directed over 250 consulting projects over atwenty-three year period. Major
project experience includes:
Vibro-acoustic test and
measurement
• Modeling and algorithm development
• Data acquisition and analysis • Ev~tpovµEVtioca, votiaE µEaavp~µEVti
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FIDELL ASSOCIATES, INC.
EMPLOYMENT HISTORY
July 2001-Present Wavefront Scientific. Eagle Rock, CA
Owner/Consultant
June 1978 -June 2001 BBN Systems and Technologies. Canoga Park, CA
Senior Scientist
PROFESSIONAL EXPERIENCE
PltoroSAL 0303
Responsible for a range of large-scale data acquisition and analysis projects, the development of software
models and detection algorithms for a variety of acoustic and non-acoustic projects, many different acoustic
test and measurement programs, plus a very. wide range of environmental, product, and industrial noise
control projects. Some examples of this work include:
Software, Modeling, and Algorithm Development -
• Supervised ongoing development of ADRPM, a program used to -model outdoor
sound propagation and to solve acoustic detection problems. Helped port this
software from mainframe to PC and iJNIX (Sun) platforms, and to develop
customized versions of the software tailored to specific customer needs.
• Developed an automated event classifier using a formal, supervised pattern
recognition approach to identify specific types of measured noise events.
• Wrote a radar target tracker using atrack-while-scan algorithm that was used to
verify the effectiveness of a client's tracking software.
• Responsible for the development of a novel joint-probability noise exposure model,
implemented using Monte-Carlo methods.
• Participated in the development of an advanced condition monitoring system for the
Department of Energy's UF6 gas centrifuge. Helped conduct studies to establish the
physical origins of centrifuge vibration signature features, and wrote much of the
software for the condition monitoring system.
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FIDELL ASSOCIATES, INC. PROPOSAL 0303
- Wrote custom software for numerous specialized signal processing applications, and
post test time-series and spectral analyses on digitized test data from instrumented
structures.
Vibro-Acoustic Test and Measurement -
• Designed and supervised the construction of BBN's Sonic Boom Test Facility, at the
time the largest sonic boom simulator in the world. This work included the design
of the acoustic drive system and the data acquisition and control systems. Involved
in all aspects of the project from conceptual design, through detailed facility
engineering and construction, to installation and test of major facility systems.
• Performed modal analysis studies to verify finite element models of a variety of
structures.
• Measured the dynamic properties of a variety of fiber-reinforced composite
structures.
• Performed various tests and performance certifications of both conventional and
underwater (acoustic) anechoic chambers.
• Performed controlled studies on the effects of sonic booms on structures.
• Conducted numerous transmission loss studies of buildings and building elements.
Noise Control, Transportation and Community Noise Projects -
• Performed noise studies on a variety of automotive sources including off-road
vehicles.
• Measurement and analysis of a wide range of industrial process and construction
equipment sources, for both community noise studies and equipment noise control
projects.
• Performed acoustic intensity studies for sound power, source characterization, and
product noise control projects.
• Conducted occupational noise control studies in manufacturing and maintenance
facilities.
• Supervised the data collection and analysis efforts for numerous aircraft noise field
studies ranging from simple, one-day studies to large-scale studies involving over
30,000 hours of monitoring data.
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FIDELL ASSOCIATES, INC.
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Analysis of noise impacts from a variety of community noise sources such as
airports, motor sports complexes, and manufacturing activities.
Data Acquisition and Analysis -
• Managed numerous projects involving applications using BBN's DataProbe data analysis
software package. These projects included integration of DataProbe into large, hardware-in-
the-loop testing systems, interfacing DataProbe to new data sources, and developing a real-
time data acquisition front end for DataProbe.
• Supervised the development of amicroprocessor-based, miniaturized noise monitor
for the U.S. Air Force. This work included directing the activities of the hardware
and software engineers, providing guidance for embedded software design including
the DSP algorithm selection, and system test.
• Developed BBN's LabWare data acquisition package for the automated acquisition
and analysis of acoustic data from a variety of analyzers and other laboratory
instruments.
EDUCATION
B.S., Physics, University of California at Santa Barbara, 1978
HONORS AND PROFESSIONAL SOCIETIES
Member, Acoustical Society of America
Secretary, ASA Los Angeles Chapter
BBN Performance Excellence Award, 1992
SELECTED PAPERS AND PUBLICATIONS
"Relationship between low-frequency aircraft noise and annoyance due to rattle and vibration," Fidell, S.,
Pearsons, K., Silvati, L., Sneddon, M., Journal of the Acoustical Society of America, Vol. l l 1, No. 4, (April
2002)
"Insufficiency of an environmental sound's power spectrum as a predictor of its annoyance," Fidell, S.,
Sneddon, M., Pearsons, K., Howe, R., Noise Control Engineering Journal, Vol. 50, No.l, (January 2002)
"Field Studies of Habituation to Change in Nighttime Aircraft Noise and of Sleep Motility Measurement
Methods," Fidell, S., Howe, R., Tabachnick, B., Pearsons, K., Silvati, L., Sneddon, M., and Fletcher, E.,
BBN Report 8195, March 1998.
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'y`'~ "Classification of Aircraft Noise Events Using One-Third Octave Band Information," Sneddon, M., and
Fidell, S., BBN Report 8210, December 1997.
"Measurements of personal aircraft noise exposure of outdoor recreationists," Sneddon, M., Fidell, S., and
Pearsons, K., J. Acoust. Soc. Am., Vol. 102, No.S, Pt. 2 (November 1997).
"Comparison of noise metrics for predicting the annoyance of aircraft overflight noise," Pearsons, K., Howe,
R., Sneddon, M., Silvati, L., and Fidell, S., Journal of the Acoustical Society of America, Vol. 102, No.S,
Pt. 2 (November 1997).
"Comparison of Place and Personal Aircraft Noise Measurements in an Outdoor Recreational Setting,"
Sneddon, M., Howe, R., Lind, S., and Fidell, S., BBN Report 8189, April 1997.
"Laboratory Study of the Noticeability and Annoyance of Sounds of Low Signal-to-Noise Ratio," Sneddon,
M., Howe, R., Pearsons, K., and Fidell, S., NASA Contractor Report 201613, NASA Langley Research
Center, Hampton, VA, November 1996.
"Comparison of the Performance of Noise Metrics as Predictors of the Annoyance of Stage II and Stage III
Aircraft Overflights," Pearsons, K., Howe, R., Sneddon, M., and Fidell, S., NASA Contractor Report
198348, NASA Langley Research Center, Hampton, VA, July 1996.
"An Assessment of Commuter Aircraft Noise Impact," Fidell, S., Pearsons, K., Silvati, L., and Sneddon,
r~ ~ M., NASA Contractor Report 198316, NASA Langley Reseazch Center, Hampton, VA, June 1996.
"Noise-Induced Sleep Disturbance in Residences Neaz Two Civil Airports," Fidell, S., Howe, R.,
Tabachnick, B., Peazsons, K. and Sneddon, M., NASA Contractor Report 198252, NASA Langley Research
Center, Hampton, VA, December, 1995.
"Implementing Observer-Based Detestability Contours for Aircraft Noise," (with Reddingius, N. H., and
Fidell, S.), presented at the 1994 NATO CCMS Symposium on Aircraft Noise Abatement Receiver
Technology, Baltimore, MD, May 1994.
"Software System for Quantitative, Observer-Based Analyses of Aircraft Noise," (with Reddingius, N.H.,
Smyth, J. S., and Fidell, S.), presented at the 127th Meeting of the Acoustical Society of America,
Massachusetts Institute of Technology, Cambridge, MA, June 1994.
"Geographic Representation of Noticeability of Aircraft Noise in Grand Canyon National Pazk," Fidell, S.,
Sneddon, M., Smyth, J., and Pearsons, K., presented at the 123rd Acoustical Society of America
Conference, Salt Lake City, UT, May 1992.
"Evaluation of the Effectiveness of SFAR 50-2 in Restoring Natural Quiet to Grand Canyon National Pazk,"
Fidell, S., Peazsons, K. S., and Sneddon, M. D., BBN Report 7197, February 1992.
51
PROPOSAL 0303
FIDELL ASSOCIATES, INC.
"A Novel Approach to Computation of Aircraft Noise Contours," Fidell, S., Reddingius, N., Smyth, J. and
Sneddon, M., Presented at the 122nd meeting of the Acoustical Society of America, Houston, Texas,
October 1991.
"LabWare Laboratory Data Acquisition Software User's Guide, Version 2.1," BBN Report 6625, February,
1990.
"Relationship Between Short and Long Term Annoyance of Noise Exposure," Fidell, S., Green, D. and
Sneddon, M., NSBIT Technical Operating Report No. 22, July 1990.
"Detection of Wind Noise Artifacts in Outdoor Noise Measurements," Sneddon, M., Silvati, L., Fidell, S.,
and Harrison, R., presented at the 120th meeting of the Acoustical Society of America, November 1990.
"Predicting Sound Levels from Wind Speed in a Coniferous Forest," Sneddon, M., Silvati, L., and Fidell,
S., presented at the 120th meeting of the Acoustical Society of America, November 1990.
"Development of Version 7 of an Acoustic Detection Range Prediction Model (ADRPM- 7)," Fidell, S.,
Secrist, L., Harris, M., and Sneddon, M., BBN Report 6737, September, 1988.
"Distributed Processing for Real-Time Data Collection, Display, and Analysis," (with Fidell, S., Moss, P.,
Fortmann, T. and Milligan, S.) paper presented at the International Telemetering Conference, San Diego,
CA, October 1987.
"An Interactive Graphics System for Acquiring and Analyzing Proportional Bandwidth Acoustic Data,"
(with Fidell, S.) paper presented at the 112th Meeting of the Acoustical Society of America, Anaheim, CA,
December, 1986.
"Modal Analysis and Vibration Test Results for the Trident Bushing Type Shaft Sound Isolation Coupling,"
(with Clifton, M.), BBN Technical Memorandum 161, October 1985.
"Measurements of the Dynamic Properties of Selected Fiber-Reinforced Composite Beams," BBN Report
4944, June 1982.
52
OCTOBER 17, 2003
Orfield Laboratories Inc
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PREPARED FOR
Ms. Samantha Orduno
City Manager
Ms. Pam Dmytrenko
Assistant to City Manager
City of Richfield
6700 Portland Avenue
Richfield, MN 55423
Phone: (612) 861-9705 Samantha
Phone: (612) 861-9708 Pam
E-mail:
ko @ ci. richfi eld. mn. us
PROJECT
Measurement of Baseline Low-
Frequency Noise Levels in Eastern
Richfield
PREPARED BY
David M. Berg
Orfield Laboratories, Inc.
2709 East 25`h Street
Minneapolis, MN 55406
Voice (612) 721-2455
FAX (612) 721-2457
e-mail dave@orfieldlabs.com
LOCATION
Richfield, MN
Pam Dmytrenko of the City of Richfield contacted David Berg of Orfield
Laboratories, Inc. (OL) to request a quote for performing environmental noise
monitoring in the 18`h Avenue /Cedar Avenue area in Eastern Richfield. A written
request for proposal (RFP) was received at our offices via email on September
29, 2003. In addition, Steven Orfield discussed details of the RFP and this
^ quote with Samantha Orduno. This quote is in response to the RFP and these
discussions.
Client City of Richfield
INTRODUCTION
This proposal has been prepared after a discussion between Steven Orfield
and Samantha Orduno, City Manager of Richfield. While this proposal is in
response to the written RFP, the discussion confirmed that the written RFP
leaves many issues to be determined through negotiation and agreement
between the contractor and the City of Richfield. These issues include the
definition of study start-date, exact sampling procedure, agreement of LFSL
definition, selection of appropriate measurement locations, baseline
measurement, definition of traffic noise components, as well as details of
security, access and location of analysis equipment and sensors.
It is understood that the City is very concerned with starting the data collection
process in the very near future. The actual start date will be affected by the
definition of the requirements stipulated in the RFP. Specialized and/or
customized test equipment and systems are necessary to meet these specific
requirements. These custom systems are not likely available on this short time
schedule. However, site selections, initial (sample) noise monitor, traffic noise
analysis and calibration, as well as LFSL metric detection definition may all begin
as early as the week of November 3, 2003 as desired. Continuous noise
monitoring could begin within two to three weeks of this date depending on
custom equipment delivery and / or reduction in certain monitoring requirements
(i.e. using weather data from airport instead of custom weather monitoring
systems whose availability are currently unknown).
Orfield Laboratories has carefully reviewed the City of Richfield's Request for
Proposal (RFP) the Low Frequency Policy Committee Report dated August 10,
2000, as well as several other references including the Federal Interagency
Committee on Aviation Noise's (FICAN) April 2002 response to the Expert
Panel's findings. The review and analysis of these references has resulted in
the contents of this proposal.
Orfield Laboratories is uniquely qualified to perform studies in all areas of
acoustics, including the area of perceptual, subjective acoustics. Orfield's staff
has pioneered the development of advanced subjective research methods that
have been successfully used in sound quality research and development for
numerous large corporations worldwide, including comprehensive studies for a
major aircraft manufacturer and for a large national airline.
Orfield Labs maintains a comprehensive test facility that includes laboratories
accredited under NIST's National Voluntary Laboratory Accreditation Program
(NVLAP scope of accreditation code 200248-0) to perform several standard
acoustical tests including laboratory and field sound transmission class, (STC
and FSTC). These and other measurements and studies that are integral to the
stated goals of the Low Frequency Policy Committee Report.
Orfield's facilities include studios and equipment capable of presenting and
conducting controlled subjective sound quality detection or annoyance studies.
Individuals on Orfield's staff have been involved with designing and conducting
these types of measurements and subjective studies for over ten years.
Finally, Orfield's Minneapolis location provides not only close proximity, but also
provides us with familiarity with the area and many of the factors and history
involved with MSP noise issues. We look forward to working with the City of
Richfield on this and other future projects.
Ortield Laboratories Inc
Client City of Richfield
From City of Richfield RFP
Noise Mitigation Agreement of 17 December 1998'; aircraft operations on MSP's
new Runway 17/35 are expected to expose some residences along Cedar
Avenue in eastern Richfield to low frequency sound levels in excess of LFSL =
85 dB. Daytime ambient sound levels in the one-third octave bands with center
frequencies between 25 and 80 Hz are currently estimated to be roughly 30 dB
lower than levels associated with anticipated runway operations, while
nighttime ambient levels in the same low frequency bands may be as much as
40 dB lower.
At some locations along Cedar Avenue, low-frequency noise generated by
aircraft takeoff roll and thrust reverser deployment will reach residences by
over-ground propagation paths. At other locations, noise produced by aircraft
engines operating at high thrust levels will propagate over unobstructed (air-to-
ground) paths. A thorough assessment of the effects of this noise on residential
properties will require documentation_prior to the opening of the runway of
ambient levels oflow-frequency energy in the six one-third octave bands
centered at 25 through 80 Hz. This RFP seeks field measurements to
characterize the existing low frequency noise environment along Cedar Avenue
in terms consistent with the Expert Panel report, so that comprehensive
analyses can be conducted of noise effects caused by aircraft operations on
the future Runway 17/35.
PROJECT INTENT
I. Design and Execute Environmental Noise Monitor
Orfield Laboratories has designed a noise monitoring plan to provide the
following information to the City of Richfield:
• Rapidly and continuously sampled sound levels in the one-third
octave bands with center frequencies between 25 Hz and 80 Hz
• A-weighted and C-weighted levels in the same temporal intervals
• Hourly and daily average noise levels.
• Calculated LSFL values from the field measurements
• Deliver to the City of Richfield a draft technical report summarizing the
measurement procedures and monitored low frequency ambient noise
levels at each site for daytime and nighttime periods, and for
weekday and weekend measurement periods.
• Upon revision and approval of the draft technical report, Orfield shall
prepare and submit a final technical report.
~~
The described noise monitor shall be executed contemporaneously at two
secure outdoor locations as provided and designated by the City of
Richfield. Designated measurement locations shall be supplied with
available power (110VAC) and be accessible for daily examination and be
secure from theft or vandalism.
The measurements shall continue uninterrupted, as technically and practically
possible, for a period of two weeks (14 days) at a data collection rate of
once per second or other mutually agreed upon rate. At the conclusion of the
initial two-week monitor the equipment shall be moved to two additional
secure locations and data collection repeated for an additional two week (14
day) time period.
Orfield Laboratories Inc
Client City of Richfield
II. Data Reduction and Reporting
Raw data for several metrics shall be logged once per second or at other
sampling rate agreed upon between the contractor and the city. These data
are to include dBA, dBL, dBC. The 1/3 octave-band levels for frequencies
centered at 25Hz, 31.5Hz, 40Hz, 50Hz, 63Hz and 80Hz shall also be logged
at the proposed sample rate. In addition, temperature, humidity, barometric
pressure, wind speed and direction and precipitation shall be logged.
Note: A reduction in study cost, and an earlier start date maybe realized by
the reduction in the requirements for weather logging. Publicly available
airport or other weather data could be substituted. Reasonable and simple
criteria for the interpretation or elimination of suspect acoustical data due to
weather conditions could easily be established.
A matrix representing the provided sound data set to be calculated and
reported is presented in Table 1.
dBA dBL dBC 25Hz 31.5Hz 40Hz 50Hz 63Hz SOHz
Leq x x x x x x x x x
Lmax x x x x x x x x x
Lmin x x x x x x x x x
Leq x x x x x x x x x
L1 x x x x x x x x x
L10 x x x x x x x x x
L50 x x x x x x x x x
L90 x x x x x x x x x
L99 x x x x x x x x x
SEL x
LFSL Frequency count -individual event levels -dose
Environ- Average and peak temperature, humidity, barometric
mental pressure, wind speed, wind direction -observed
precipitation
Table 1 -Matrix of Hourly and Daily Reported Data
~,
Ortield Laboratories Inc
Client City of Richfield
LFSL Calculations
A review of literature available to us at the writing of this proposal suggests
some room for interpretation in the calculation and reporting of LFSL, and
LFSL dose levels.
LFSL is defined by the Expert Panel and the Low Frequency Noise Policy
Committee as a single-event noise metric that sums the maximum one-third
octave band sound levels from 25 to 80 Hz inclusive, that occur during the
course of an individual aircraft pass-by.
Standard environmental acoustic analysis equipment does not provide this
type of analysis or result. In order to provide a cost effective method of
data reduction and calculation of LFSL we are proposing that an algorithm
be created to identify and indicate these LFSL events within the raw data.
The following definitions and procedures are proposed as a starting point to
identify calculate and tabulate LFSL events, levels and doses. These
procedures will be refined with the data and analysis of the preliminary
testing (item 3 below).
1. The logarithmic sum of the 1/3 octave-band sound levels from 25Hz to
80 Hz shall be computed from the raw data. The result of this logarithmic
sum shall be designated as the instantaneous LFSL and shall be
abbreviated, for the purpose of reference, as LFSLi. The purpose of this
intermediary calculation is to assist in the creation of an algorithm to
identify and tabulate LFSL events.
2. An LFSL event shall be triggered and indicated for each situation where
the recorded (logged) values of LFSLi exceed a predetermined threshold
level for a predetermined period of time based on a trial set of data (see
item 3). The LFSL threshold shall be set in order to exclude existing and
other typical noise sources, especially traffic noise from Minnesota Hwy
77 (Cedar Ave). The event shall end at the return of the LFSLi to below
established threshold levels.
3. An initial trial monitoring period, or periods will be employed at selected
test locations in order to test and refine the definition of an LFSL event
and evaluate and identify traffic and other environmental noise sources
present at those locations.
4. For each event as defined above the LFSL will be computed by
summing the maximum one-third octave band sound levels from 25 to 80
Hz that occur during that event as defined by the Expert Panel.
5. LFSL dose shall be determined, as defined by the Expert Panel, as the
arithmetic average of the indicated LFSL event levels. These dose
levels shall be reported hourly and daily.
6. All data shall be recorded at 1 second (or other agreed interval) with
ANSI "fast" meter detector response.
~~,
„~-
Orfield Laboratories Inc
~-,
Client City of Richfield
III. Deliverables
Project deliverables include the following items:
• Draft technical report summarizing the measurement procedures and
monitored low frequency ambient noise levels at each site for
daytime and nighttime periods, and for weekday and weekend
measurement periods
• Upon revision and approval of the draft technical report, Orfield Labs
shall prepare and submit a final technical report
• Orfield Labs shall also deliver a set of compact disks containing a
digital database in .dbf format of wind information and time-stamped
one-third octave band levels in all measured frequency bands and
spectral weightings.
Note: Example of included measurement values found on page 4 of this
proposal.
• Orfield Labs shall also attend, at no additional cost, one meeting in
the planning phase and one meeting after delivery of final report and
results.
SECURITY AND LIABILITY
Analyzers shall be located inside private homes or buildings that are considered
to be secure from theft or vandalism. Microphone systems and any weather
monitoring sensors to be located in secure areas adjacent to these homes or
buildings. Orfield Laboratories is currently investigating issues of liability and
insurance regarding these test systems and their locations.
Delivery of this study and the results of this study on the proposed schedule
are contingent on factors that may be out of our control. These factors include
equipment failure or malfunction, equipment vandalism, equipment theft, severe
weather or other acts of God. Failure to deliver proposed monitoring and results
on proposed schedule due to these and other unforeseen factors shall not be
considered breech of contract. Every effort will be made to avoid and to
prevent these situations, and to plan for their timely resolution, if so required.
SCHEDULE
Upon receipt of our signed proposal or a purchase order authorizing our
proposal, site selection and preliminary testing will be commenced as described
by the week of November 3, 2003 or in accordance with a schedule to be
negotiated.
Study analysis and report will be delivered to the City of Richfield by February
1, 2004 by 5:00 p.m. or by other schedule mutually agreed upon.
~~
Orfield Laboratories Inc
Client City of Richfield
FEES
All fees are billed as quoted on a flat fee basis, unless otherwise noted. Billings
are on 1 month intervals and are due in 30 days; work may be suspended for
non-payment, and full payment must precede additional phased work. Any
services not offered but requested will be quoted for approval. Expenses noted
in the following section, reimbursement of expenses, are additional to the fees
quoted and are charged including a 20% processing /handling fee. Interest
rates on unpaid balances are accumulated at the rate of 2% per month on
outstanding balances. Any collection costs are the obligation of the client.
Billings are due upon completion of monthly contract work and not upon
execution of the project for which that work was intended. This project is quoted
on a set-fee basis as follows: (Fees are based on hourly rates of $150-$200 for
consulting efforts and $200-$300 on days of testimony and depositions. Higher
figures are for Steven Orfield. This project is quoted on a set-fee basis derived
from time and systems employed as follows:
MEASUREMENT OF BASELINE LOW-FREQUENCY
NOISE LEVELS IN EASTERN RICHFIELD
Design, Preparation and Performance
of Noise Study and results as proposed and described $58,000
Note: This proposal is in response to the existing RFP and
the City of Richfield / Orfield discussions to date and are
being delivered to satisfy the "deadline for proposal" terms
of the RFP. Proposed schedules, exact terms, deliverables
and costs are subject to negotiation and refinement.
ADDITIONAL SERVICES: (ADDITIONAL COST)
1. Additional Meetings not quoted
2. Additional reports
3. Additional testing and site visits beyond those specified
4. Additional, non-quoted consulting
REIMBURSEMENT OF EXPENSES
All known expenses are included in the proposal. Any additional expenses to
be pre-approved and billed to the client, at cost.
Orfield Laboratories Inc
Client City of Richfield
CONFIDENTIALITY
The client has full control over this information and any release of information will
be only to the client. The specific testing results are deemed to be confidential
exclusively for the client's use.
Orfield Laboratories involvement on this project is confidential. It is requested
that the client not use Orfield Laboratories' name and testing information in any
public manner without advance agreement or written consent.
DISCLOSURE
Orfield Laboratories has, in the past, conducted sound quality studies and
noise measurements for a prominent national airline. These studies focused on
interior aircraft sound quality and measurements and not on environmental noise
issues. Orfield Laboratories has also conducted studies for a major aircraft
manufacturer. These studies focused on interior aircraft sound quality and
measurements and not on environmental noise issues. No current work is under
contract for these or other aircraft noise related clients.
Orfield Laboratories has not performed work for the Metropolitan Airports
Commission or Minneapolis / St. Paul International Airport.
Orfield Laboratories has performed environmental noise studies including
studies of aircraft noise for citizen groups concerned with aircraft noise and their
affect on the communities and residents.
DOCUMENTS
Our testing work often requires a set of documents detailing the structure of the
device to be tested drawn to conventional scale that are available from our
client at no cost. Specific documents and information requested at the
commencement of this project are:
1. Background information and results of prior studies or reports and
descriptions and documentation of measurements or calculations or
methods useful to this project.
2. Maps, plans and / or aerial photographs of area under consideration
CONSULTING SERVICES
The field of acoustical and vibration consulting are not recognized under any
professional registration practice. Any services needed in licensed areas related
to our work, such as mechanical, electrical, structural engineering and architecture
are the specific responsibility of the client and are not offered implied by Orfield
Laboratories, Inc.
t J'
Ortield Laboratories Inc
Client City of Richfield
GUARENTEES
While services offered are considered to be state of the art in approach, any
specific stipulations as to the performance of particular designs must be stated
by the client, or no stipulations are assumed to be present. Legal liability for
work performed is limited to the total costs of those services which are found to
be subject to claim under independent arbitration (AAA). Legal liability is limited
to the total fees contracted under this proposal and no punitive damages are to
be included. Under this contract, Orfield Laboratories is indemnified from legal
liability and judgments above this contract fee level.
We look forward working with you on this project.
PROPOSAL ACCEPTANCE
David M. Berg Authorized Signature
Orfield Laboratories, Inc. CITY OF RICHFIELD
OCTOBER 17, 2003 Date:
Orfield Laboratories Inc
Client City of Richfield
IORFIELD SCOPE OF ACCREDITATION
Orfield Laboratories, Inc. has been accredited by the U.S. Department of
Commerce, National Institute of Standards and Technology (NIST) under their
National Voluntary Laboratory Accreditation Program (NVLAP) code 200248-0 to
perform the follow test services.
NVLAP CODE Designation and Short Title
08/P06 ASTM E90
Laboratory Measurement of Airborne Sound Transmission
Loss of Building Partitions
08/P10 ANSI S12.31
Determination of Sound Power Levels of Broad-Band Noise
Sources in Reverberation Rooms
08/P21 ISO 3745
Determination of Sound Power Levels of Noise Sources -
Precision Methods for Anechoic and Semi-Anechoic Rooms.
08/P31 ASTM E336
Measurements of Airborne Sound Insulation in Buildings
08/P32 ASTM E 1007
Field Measurement of Tapping Machine Impact Sound
Transmission Through Floor-Ceiling Assemblies and
Associated Support Structures
08/P37 ASTM E966
Guide for Field Measurement of Airborne Sound Insulation in
Building Facades and Facade Elements
CITY REFERENCES
City of Minneapolis
Mr. Greg Goeke
Facilities Manager Currie Maintenance Facility
350 S 5th St
Minneapolis, MN 55415
(612) 673-2106
City of Maple Grove
Michael Opatz
Transportation Coordinator Administrator
9401 Fernbrook Lane N.
Maple Grove, MN 55369
(763) 494-6005
City of Lakeville
Patrick Mc Garvey
City Administrator
20195 Holyoke Avenue
Lakeville, MN 55044
(952) 985-4403
Orfiield Laboratories Inc
~-xc- ~
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Y 1
EXPERIENCE
Orfield Labs has decades of architectural project
experience on all project types: industrial,
institutional, commercial, educational, athletic,
religious, civic, performing arts, corporate, studio
and training facilities. Orfield also provides legal
and environmental assessment within each
discipline.
ORFIELD LABORATORIES, INC
Orfield Laboratories, Inc
SUMMARY
Ortield Laboratories, Inc. currently one of the
most comprehensive independent laboratories,
specializing in architectural acoustics &
vibration, audio-visual systems, lighting,
daylighting, thermal environment and human
occupancy requirements. The integration of
human perception data into the design process
elicits unequaled results in building
pertormance as perceived by the occupant and
as measured by technology.
In 1971 Ortield Labs began to provide services
in architectural consulting including research,
design, and testing of acoustical and lighting
performance for the "landscaped office", now
known as the open plan office. In order to
establish definitions of pertormance in these
environments, Orfield incorporated advanced
analytical and subjective measurements to
derive solutions to office pertormance
problems. This research has been translated
into building pertormance approaches in
acoustics, lighting, daylighting, audio-visual
systems, thermal environment and human
factors and to the founding in 1998 of the Open
Plan Working Group which consults nationally in
reintroducing open plan technologies to the
design and facilities community as well as
providing perceptual market research on the
future of the open plan office.
Ortield Laboratories Inc
,-~
PERSONAL
On a personal level, Steve is married with two adult
daughters and in his spare time pursues interests
in sailing, swimming, hiking, politics, travel,
photography, music, art and his only grand
daughter. Steve also spends time in his two other
hometowns, Portsmouth, New Hampshire and
Tucson, Arizona where he had a home for
many years.
STEVE ORFIELD
Steve Orfield
Principal, Orfield Labs
EDUCATION & BUSINESS
Steve founded the practice 31 years ago after
completing an undergraduate major in
Philosophy at the University of Minnesota. In
1969, Steve became involved with the office
furniture industry and began researching and
consulting on the open plan office after
developing research approaches to acoustics
and lighting for two of the first manufacturers in
the open plan field in North America. The firm
worked principally in the architectural field until
1980, when Steve entered the corporate
research field. From an early interest in
perception and measurement, Steve has
developed the firm into the only multi-
disciplinary subjective-objective research lab in
the United States, serving clients here and
abroad. He has also been instrumental in
introducing new approaches to his fields with
the founding in 1991 of the Sound Quality
Working Group and in 1998 with the founding of
the Open Plan Working Group, two organizations
intent upon changing their fields in fundamental
ways. Steve has published over 100 articles in
the firm's disciplines.
Orfield Laboratories Inc
PERSONAL
Dave's involvement with the acoustics and the
audio business stems from his interest in music.
He has been involved with both listening to and
playing music from an early age. He enjoys
playing acoustic and electric guitar as well as
occasionally playing the piano and saxophone.
DAVID BERG
David Berg
Senior Consultant, Orfield Labs
EDUCATION & BUSINESS
Dave's extensive and diverse experience
provides him with a thorough understanding of
the issues involved with a variety of acoustical
and audio projects. Dave has conducted
measurements, studies and analysis
encompassing almost every aspect of acoustics
including sound quality research, noise control,
diagnostics, standardized lab measurements,
architectural and environmental acoustics and
computer modeling and design. In addition, he
has designed numerous audio systems for
churches and performing arts centers as well as
the systems at Frank Lloyd Wright's Monona
Terrace Convention Center in Madison, WI.
Orfield Laboratories Inc
PERSONAL
Derrick Knight
Consultant, Orfield Labs
Derrick has been interested in acoustics since
college when he discovered that he could combine
his interests in music and physics. He has
performed in many professional ensembles
including the South Dakota Symphony, Sioux City
Symphony and the Sioux Falls Community
Playhouse. Now a patron of the performing arts,
Derrick enjoys experiencing performances in as
many different concert halls, churches and theaters
as possible. He also enjoys riding his bike, water
recreation and spending time with his spouse,
family and friends.
DERRICK KNIGHT
EDUCATION & BUSINESS
Derrick has been with Orfield Labs since 2003
when he joined the Acoustics and Vibration
division. Previous to working at Orfield, Derrick
was an Architectural Acoustic Consultant for
Jaffe Holden Acoustics located in Norwalk, CT.
There he performed calculations, computer
simulations and measurements to assist in the
design of major performing arts facilities around
the world. Since joining Orfield Laboratories he
has continued consulting in Architectural
Acoustics on a wide variety of projects
including many worship spaces. Additionally,
Derrick has performed both environmental and
laboratory acoustical measurements. He
received a Bachelors degree in Physics from
Augustana College in Sioux Falls, SD and a
Masters degree in Architectural Acoustics from
Rensselaer Polytechnic Institute in Troy, NY.
.;
Orfield Laboratories Inc
Pam Dmytrenko
From: Steve Ofield [steve@orfieldlabs.com]
Sent: Tuesday, October 21, 2003 10:46 AM
Ji'o: pdmytrenko@ci.nchfield.mn.us
Subject: Low Frequency Noise Study
Pam,
Thanks for taking the time to visit with me by phone today. Many of
the issues which Richfield will be facing are issues that fall into
the field of perception and. psycho-acoustics. Orfield Labs founded
the Sound Quality movement in the United States in 1991, via the
formation of the sound quality working group. This group taught
psychological acoustics to Harley Davidson, Whirlpool, Maytag,` Black
and Decker, Cessna Aircraft, and many others. As a result of this
effort, we are now the most highly equipped acoustical consulting
firm in the U.S.
We are thus equipped with very comprehensive and expensive systems to
demonstrate acoustical phenomenon and to perform subjective studies
of acoustical phenomenon from environmental noise through product
development. Much of this many be very useful to Richfield in their
efforts.
I would like to extend an invitation to the City Council Members to
visit us individually or as a group prior to your Tuesday meeting to
experience such simulations and to better understand our potential to
assist Richfield in the efforts to deal with the MAC. The City of
Richfield may find that it is especially useful to have a consultant
who has no vested interest in the metric being measured, so that the
study results have no perceived connection to the development of the
standard.
Please feel free to have them contact me or Dave Berg to schedule a
time to visit, and please refer them to our web site for a general
view of what we do.
Thanks much,
Steve Orfield
Steven J. Orfield
Orfield Laboratories, Inc.
2709 East 25th Street
Minneapolis, MN 55406
612-721-2455 P
612-721-2457 F
612-220-7150 Cell
steve@orfield labs. com
www.orfieldlabs.com
NOISE EXPERTS - RFP LIST
SANFORD FIDELL
FIDELL ASSOCIATES, INC.
23139 ERWIN STREET
WOODLAND HILLS, CA 91367
Telephone: 818-884-6775
Facsimile: 818-884-8775
WYLE LABORATORIES, INC.
ATTN: STEVE MARTIN
128 MARYLAND STREET
EL SEGUNDO, CA 90245-4100
(310) 322-1763
(310) 322-3603 fax
HARRIS MILLER MILLER & HANSON
15 NEW ENGLAND EXECUTIVE PARK
BURLINGTON, MA 01803
T 781.229.0707
F 781.229.7939
MASSACHUSETTS INSTITUTE OF TECHNOLOGY
~-.
' ATTN: JOHN-PAUL CLARKE
AERONAUTICS & ASTRONAUTICS DEPT.
77 MASSACHUSETTS AVENUE
ROOM 33-408
CAMBRIDGE, MA 02139
Tel: 617-253-0904
URBAN PLANNERS & INNOVATORS (UPI)
ATTN: NICK BARONI
2400 VETERANS BOULEVARD
SUITE 210
KENNER, LA 70062
Tel: 504-465-0100
ORFIELD LABORATORIES, INC.
ATTN: DAVE BERG
2709 EAST 25T" STREET
MINNEAPOLIS, MN 55406
Tel: 612-721 2455
AGENDA SECTION: Qther Business
/~ AGENDA ITEM # 9
REPORT # 2/+j
STAFF REPORT
CITY COUNCIL MEETING
OCTOBER 28, 2003
REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION
SERVICES DIRECTOR
NAME, TITLE
COUNCIL PRESENTER:
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
SIGNATURE
REVIEWED BY CITY MANAGER: ~ ,~~
ITEM FOR COUNCIL CONSIDERATION:
Discuss options regarding the leased retail space for the Richfield Ice Arena.
I. RECOMMENDED ACTION:
By Motion:
Option 1 -Direct staff to proceed with asix-month lease between City
of Richfield and Hat Trick Hockey Inc., consisting of 1,900 square feet
of space located in the Richfield Ice Arena, 636 East 66th Street and
to proceed with a Request for Proposal to seek competitive bids.
Option 2 -Approve the attached three-year lease between the City of
Richfield and Hat Trick Hockey Inc., consisting of 1,900 square feet of
space located in the Richfield Ice Arena, 636 East 66th Street.
III. BACKGROUND I
City Council tabled action on this item on October 14, after requests from Council
Members Enger and Rosenberg that the City seek competitive bids. The Council
also requested AI Payne, Arena Manager, to present a report regarding the status
of ice rental,. and to hear from the Richfield Hockey Association regarding
enrollment.
1014 Hat Trick Lease
,~ Request for Proposal For Competitive Bids
A sample Request for Proposal (RFP) is attached. To guard against receiving bids
less than the proposed lease rate, a minimum bid of $2,200 per month was included
as a requirement in the RFP.
Six Month Lease
Council Member Enger suggested that the City consider granting Hat Trick Hockey
a short term lease for the upcoming hockey season as a fair way to deal with a
valued customer. A short-term lease is attached with the negotiated rate of $2,200
per month with a termination date of June 30, 2004.
Mr. Sachs has stated that he will not submit a bid if the Council decides to receive
competitive bids and that he will not continue his lease.
In the previous lease under Article XIV, the City is required to reimburse Hat Trick
Hockey for architectural fees should the City discontinue the lease beyond
December 1, 2003. Mr. Sachs fully paid the architectural fees, amounting to over
$20,000, for improvements made to the Ice Arena in 1997. The reimbursement is
depreciated at a rate of 11-2/3 % per year, not to exceed $6,000. Mr. Sachs is
requesting to include this same provision in the six-month lease so that in the event
the City does not renew the six-month lease, he can recoup some of his original
investment.
Return on Investment
The City has received $162,531 in rent from Hat Trick Hockey over the last six
years. The City's cost to construct the rental space at the Ice Arena was $278,199.
Under the proposed rental rate, the City will cover the remaining cost of
improvements with rental income within the next five years.
Six Year History of Ice Rental
When the second ice rink was proposed;~a study was done in 1998 by AI Payne,
Arena Manager, regarding the potential ice usage with a second rink. Ehlers &
Associates also provided a projection of ice usage. These figures were presented
to the task force and City Council. AI Payne had a high usage of approximately
1930 additional hours per year and Ehlers a moderate usage of 1,500 hours per
year. The median range was 1,715 hours.
The number of additional hours used since the second rink opened has been about
1,830 hours per year compared to ice usage in 1998. Approximately 1,690 hours
are ice rentals and 140 hours are arena programs such as open skating, skate
lessons, open hockey and adult leagues.
There has been a trend in the ice arena industry with the addition of all the rinks in
the metro area since the mid-90's. The trend has been less late-night and early-
morning rentals, less interest in ice before 6 p.m. on weekdays in the spring and fall,
less interest in weekend ice in the summer and smaller public skating attendance.
Prior to 1999, with only one rink, the arena averaged 80 hours of ice rental after 11
p.m. now rent about 55 hours after 11 p.m.
Hours Ice Usage Percent Used Richfield Richfield Holy
~~ Rented Hrs 6 a.m.-Midnight Youth High Angels
1997 2047 2850 54% 727 292 164
1998 2160 3057 58% 745 285 163
1999 2551 3367 51% 808 313 231
Hours Ice Usage Percent Used Richfield Richfield Holy
Rented Hrs 6 a.m.-Midnight Youth High Angels
2000 3824 4764 46% 799 385 273
2001 3765 4678 48% 722 343 305
2002 3849 4592 46% 713 332 339
2003 3850 4780
(projections)
Regarding Tournaments
The Richfield Hockey Association sponsors four tournaments between November
and February. Any additional tournaments during this time would mean less hours
for the youth program, high school practice and game availability. During this time,
the ice is rented if a tournament not scheduled.
There are also tournaments scheduled one weekend in March, April, May and
September. These are sponsored by other groups and provide the arena more ice
rental revenue than would normally be rented if no tournament.
Currently all tournaments are sponsored by someone other than the arena. These
groups get volunteers to assist with the tournaments in order to minimize expenses.
If the arena sponsored tournaments we would need to be able to get people to
assist and pay them. The benefit for the arena to run a tournament is only if we
would be unable to rent the ice.
With the addition of the second rink, the arena has been host for the Skate St. Paul
Figure Skating Competition each July. This event is Thursday through Sunday,
using both rinks all day and evening.
III. BASIS OF RECOMMENDATION
A. POLICY
• The current lease expires on December 1, 2003.
B. CRITICAL ISSUES
~ Local hockey participation has been declining and a new large-scale
- retailer of hockey equipment has just opened a store in the REI
building.
C. FINANCIAL
• The financial risk of proceeding with asix-month lease instead of a
three-year lease is that the City might not be able to renew the lease
at the proposed rate beyond June 30, 2004.
• The financial risk of proceeding with competitive bids is that Mr.
Sachs will not submit a bid and continue his lease. There is no
guarantee a new leasee will step forward.
• If the City does not renew a lease with Hat Trick Hockey, either asix-
month or a three-year lease, the City is obligated to reimburse Tom
Sachs for architectural costs incurred in the amount of $5,996.
• According to the City's Community Development Department, gross
rates for retail space in Richfield range from $10.00 to $15.00 per
square foot. Hat Trick Hockey is currently paying a gross rate of
$21.27 (includes property taxes amounting to $8,254 payable in
2003). The proposed gross rate is $18.24 per square foot (including
property taxes).
• Property taxes collected in 2003 for the leased premises amount to
$8,254 of which $1,312 is City of Richfield tax.
D. LEGAL
• The City Attorney reviewed the attached lease.
IV. ALTERNATIVE IZECOMMENDATION~S~
• None
V. ATTACHMENTS
• Request for Proposal for Competitive Bids
• Six-month lease agreement between the City of Richfield and Hat Trick
Hockey, Inc.
• Three-year lease agreement between the City of Richfield and Hat Trick
Hockey, Inc.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Mr. Tom Sachs, Owner, Hat Trick Hockey, Inc.
• Representatives from Richfield Hockey Association
• AI Payne, Arena Manager
n
CITY OF RICHFIELD, MN 55423
RECREATION SERVICES DEPARTMENT
(7000 NICOLLET AVE S)
REQUEST FOR PROPOSAL
FOR
COMPETITIVE BIDS TO LEASE 1,900 SQUARE FEET OF
RETAIL SPACE AJOINING THE RICHFIELD ICE ARENA,
636 EAST 66T" STREET, RICHFIELD, MINNESOTA
GENERAL GUIDELINES.
A. Requests For Competitive Proposals.
The City of Richfield is seeking competitive proposals from interested and
qualified companies for leasing 1,900 square feet of retail or office space
adjoining the Richfield Ice Arena, 636 East 66th Street, Richfield, MN 55423.
B. Owner and Submission Information.
Interested companies should submit ONE COPY of their competitive proposal to:
Jim Topitzhofer, Recreation Services Director
City of Richfield
_ 7000 Nicollet Avenue South
Richfield, MN 55423
RE: Community Center Proposal
Competitive proposals shall include all of the items set forth in Section II below.
Any questions regarding this Request for Proposals should be directed to Jim
Topitzhofer, Recreation Services Director at 612-861-9394.
All proposals must be sealed and submitted to the Recreation Services
Department at the above address by 10:00 a.m. on December 15, 2003.
Late submissions will not be considered.
II. DESCRIPTION AND SCOPE.
A. Minimum Bids
The minimum bid accepted is $2,200 per month.
B. Property Taxes
Tennant is responsible for all applicable property taxes, beginning June 30, 2004
Total property taxes paid by previous tenant in year 2003 was $8,254.
C. Term
~ Six year term beginning July 1, 2004, ending June 30, 2010
1
D. Utilities
Tenant shall pay prorated share of electric utilities. Utilities paid by previous
tenant averages $500 per year.
E. Lease Agreement
The attached lease agreement displays all other terms and conditions related to
the Request for Proposal.
III. EVALUATION AND SELECTION.
A. Evaluation Criteria.
The Selection Committee will evaluate and rank each proposal against the
following criteria:
1. Bid amount as expressed in following manner:
Year 1 Monthly Payment
Year 2 Monthly Payment
Year 3 Monthly Payment
Year 4 Monthly Payment
Year 5 Monthly Payment
Year 6 Monthly Payment
2. Complimentary uses of leased space to ice arena operations will receive
favorable scoring. The current tenant operates a hockey retail store. Proposals
shall clearly state tenants intended use for the premises.
The Selection Committee will submit a recommended proposal to the City
Council. The City Council will award the contract to the successful Proposer.
B. Reservations and Other Considerations.
1. Proposers are invited to inspect the facility in advance of proposal submittal.
Please contact AI Payne, Facilities Manager, at 612-861-9351 to arrange an
appointment.
2. Proposals are to be submitted on or before 10:00 a.m., December 15, 2003,
to Richfield Recreation Services Department, 7000 Nicollet Ave South,
Richfield, MN 55423, RE: Community Center Proposal. For additional
information contact Jim Topitzhofer, Recreation Services Director, 612-861-
9394.
3. The City will not be responsible for any costs incurred by those submitting or
preparing competitive proposals. At the request of the Proposer, proposals
will be returned after the selection process has been completed and a
Proposer selected.
4. The City reserves the right to revise the scope of the attached lease based
on relevant considerations.
2
Kennedy & Graven, Chartered
r-•,.
LEASE AGREEMENT
This lease is made this ~~ ~~~ ^~ 14th day of October, 2003, by and
between THE CITY OF RICHFIELD ("Landlord") and HAT TRICK HOCKEY, INC.
("Tenant").
Landlord and Tenant, intending to be legally bound, hereby covenant and agree as
follow:
ARTICLE I.
Leased Premises
1.1 Landlord does hereby lease, demise, and let unto Tenant, and Tenant does
hereby hire and take from Landlord, upon the terms and conditions set forth herein (the
Lease), the premises shown cross-hatched on Exhibit A attached hereto and incorporated
herein, ,
~T °~~°a n,.°,,,;°°°' consisting_of 1_,900 square feet of space (Leased Premises), located on
the level of the Richfield Ice Arena Building located at 636 East 66th Street situated in
the City of Richfield, Hennepin County, Minnesota (the "Building"). Tl,~T °~~ed
1J°V111V 111~M~ ,
.,.1.1;+;., .,l ~„ mil, , «l~ ° „i,.°,1 f ,. T° „+~~ ~l,.,ll b, + T +~ 1
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ARTICLE II.
Term
2.1. PYnv~i°.a +L..,++L.° T ° ~°.1 Dr°,,,;~°~ ;~ ~;,,;~L,°.a ;,-, +1, ',a ,7 '
~T The term of the Lease shall commence on ~~taber~l~~ December 1, 2003
(the Commencement Date); and the Lease shall terminate on c°„+°,.,.,>,°,. ~n~ ~nn~ June
30.2004. T.r~T eas . Dr° °re~t~s~e~o~~e~er~9°~t~
~~~ f`„ ° ° °„+ Tl.,+° ~l,~ll l,° +L.° ,1.,+° ,,,,.,..-. +L,,, T °°~^a n,.,..,.,;,,,,,, ,,,,,, ,,~ r.~:,.L..a. ___ ~ li_
2.2. If, at the termination of this lease agreement for reasons other than default
or breach by Tenant, Landlord decides to lease the Leased Premises to a third party,
Tenant shall have the right, for a period of one year after the termination date, to match or
exceed any proposed and/or actual lease for the Leased Premises which is acceptable to
the Landlord, and if the Tenant elects in writing within 15 days of the date of receipt of
the proposed and/or actual Lease, then the parties hereto shall execute such a lease.
ARTICLE III.
Rent
Tenant shall pay to Landlord as the "Base Rent" monthly rent in accordance with
the following schedule:
L°.,~° v° ~ °~a3~~~-848
Leas e-~~en+'~~e~t~'?~-9~
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L~ ~Year~-~~= *l~e~-$2~~
n Lease-~ea~thl~~en*: Q~Q
January February March
$2900 $2900 $2900
April Mav June
$1500 $1500 $1500
Said Base Rent shall be payable in advance, on or before the first (1st) day of each and
every month, commencing on the Commencement Date, and continuing during the Term.
ARTICLE IV.
Nonpayment
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4-~? Except as otherwise expressly provided herein, Tenant covenants and
agrees that if at any time it fails to pay any amount required by the Lease, or to obtain,
pay for, maintain, or deliver any of the insurance policies herein provided for, or fails to
hl +~~
imi=~°,.~;+;°~ ~L,.,11 ,,.,+ l,° ; ..1,,,1°.7..,,-.~ ,- ~ ~..,,v, .,.,1°~ +~, LT.,+'T,.' 1 L7 1 TT ,7
..alai • viaav 1 11V1LLlA.V IA, {All{..[ °
$ri° a,~ ;f r~o.,l° .;+1,;,, f" '1 ~f+t1 T .1 D
Y"`Y"
~-, make any other payment or perform any other act required to be made or performed by
the Lease, then Landlord, without notice to or demand upon Tenant, without waiving or
releasing Tenant from any obligation of Tenant contained in the Lease, and without any
obligation to do so, may effect any such insurance coverage and pay premiums therefor
and may make any other payment or perform any other act on the part of Tenant to be
made and performed as provided in the Lease, in such manner and to such extent as
Landlord may deem reasonably desirable, and in exercising such right to pay necessary
and incidental costs and expenses. All sums so paid by Landlord and all necessary and
any such act by Landlord, together with interest thereon at the maximum rate permitted
by law, whichever is less, from the date of making of such expenditure by Landlord, shall
be payable to Landlord as Additional Rent, and except as otherwise provided for in the
Lease, shall be payable on demand or at the option of Landlord may be added to any
monthly rental then due or thereafter becoming due under the Lease. Tenant covenants to
pay any such sum or sums with interest as aforesaid and Landlord shall have (in addition
to any right or remedy of Landlord) the same rights and remedies in the event of
nonpayment by Tenant as in the case of default by Tenant in payment of rent.
ARTICLE V.
Taxes
5.1 Tenant shall pay all real estate taxes and installments of special
assessments which shall during the term be laid, assessed, levied or imposed upon or
shall become payable and a lien upon, the Leased Premises or any part thereof (the
Taxes). Such taxes and special assessments shall be prorated in the first and last years of
the Lease based upon the period of occupancy. Tenant shall make such real estate tax
payments directly to the appropriate governmental authorities which have lawfully levied
and are authorized to collect such tax.
3~
~.-__e_____~ - - -
, > >
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ARTICLE VI.
Utilities and Maintenance Expense
6.1. Tenant shall pay its pro rata share of all charges for electricity, light, air
conditioning and power with the Leased premises. The charges thereof shall be deemed
Additional Rent and payable in accordance with Article V hereof. To the extent that
utilities are separately metered or separately charged to Tenant's Premises, they shall not
be subject to prorated allocation, but shall remain the obligation of Tenant.
+~.o +;...,o ., ,.;~;oa ~ ,. +t,o ,. o„+ ,.~,.o.,~ ., ,.,.a;,,rt +~,~,o r^ti,..<,;,,.. ~,.i,oa„iv.
ro „~,,,, ,.,.
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ARTICLE VII.
Repairs, Maintenance and Alterations
7.1. Tenant shall, during the Term and at Tenant's expense, keep the Leased
Premises and appurtenances and every part thereof in good order, condition, and repair,
including, without limitation, the maintenance, repair, and replacement, if necessary, of
all interior walls, partitions, doors, and windows, including the regular painting thereof;
~.,,.o„~o~ .,~ ,aor;,,oa ;,, co,.~;,,,, c ~ ~oro~~ Tenant shall promptly notify Landlord of any
necessary maintenance, repairs, or replacements. When used in this provision, the term
repairs' shall include replacements or renewals when necessary, and all such repairs made
I
~~., by the Tenant shall be equal in quality and class to the original work. If Tenant does not
keep and maintain the Leased Premises as herein provided, Landlord may, but need not,
make such repairs and replacements, and Tenant shall pay Landlord, as Additional Rent,
the cost thereof forthwith, plus interest at the rate of 10% per annum from the date of
making such expenditure by Landlord, upon being billed for the same. All damage or
injury to the Leased Premises and to its fixtures, appurtenances, and equipment caused by
Tenant moving property in or out of the Leased Premises or by installation, removal of
furniture, fixtures, equipment, or other property by Tenant, its agents, contractors,
servants, or employees, or resulting from any other cause of any other kind or nature
whatsoever due to carelessness, omission, neglect, improper conduct, or other causes of
Tenant, its servants, employees, agents, visitors, or licensees, shall be repaired, restored,
or replaced promptly by Tenant at its sole cost and expense to the satisfaction of
Landlord. If Tenant fails to make such repairs, restorations, or replacements, the same
may be made by Landlord and the same shall be at the expense of Tenant and collectible
as Additional Rent or otherwise, and shall be paid by Tenant to Landlord within five (5)
days after rendition of a bill or statement therefor.
7.2) Except as otherwise provided herein, no improvements, alterations, or
replacements shall be made to the Leased Premises or any portion thereof without the
prior written consent of Landlord.
7.3) Notwithstanding any other provision contained herein to the contrary,
Landlord shall repair, at its expense, the structural portions of the Building; provided,
however, where structural repairs are required to be made by reason of the acts of Tenant,
the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon
demand.
7.4) Landlord covenants to Tenant that it will continue to reasonably provide
for the removal of snow from the parking lot and sidewalks and for the maintenance and
repair work on the building exterior all for the benefit of users of the building, including
Tenant.
ARTICLE VIII.
Insurance
8.1. Landlord shall at all times during the Term keep the Building insured
against loss or damage by fire and against those perils included from time to time in the
standard form of extended coverage insurance endorsement, including but without
limiting the generality of the foregoing, wind storm, hail, explosion, vandalism, riot and
civil commotion, damage from vehicles, and smoke damage, and such other coverage as
may be deemed necessary by Landlord.
8.2. Tenant shall insure the contents of the Leased Premises owned by Tenant,
for the benefit of Tenant, against lose or damage by fire, windstorm, or other casualty for
such amount as Tenant may desire.
8.3. Mutual Waiver of Subrogation. Landlord and Lessee hereby waive any and
all rights of recovery against each other for any loss or damage to the Leased Premises
and/or the Building or the contents contained therein on account of fire or other casualty
or for injuries sustained on the Leased Premises and/or the Building, provided such loss
or damage is insured under a policy carried by Lessor or Lessee at the time of such loss
or damage. The aforesaid policies of insurance shall contain appropriate provisions
recognizing this mutual release and waiving all rights of subrogation on behalf of the
respective insurance carriers.
,~ 8.4. Tenant shall also, as Additional Rent hereunder and at Tenant's sole cost
and expense, but for the mutual benefit of Landlord and Tenant, as named insureds,
maintain during the Term (a) general public liability insurance against claims for personal
injury, death, or property damage occurring upon, in, or about the Leased Premises, and
on, in, or about the adjoining lands, such insurance to afford protection to the limit of not
less than Five Hundred Thousand and no/100 Dollars ($500,000.00) in respect to injury
or death to a single person, and to the limit of not less than one Million and no/100
Dollars ($1,000,000.00) in respect to any one (1) accident and to the limit of not less than
Three Hundred Thousand and no/100 Dollars ($300,000.00) in respect to any property
damage; and (b) steam boiler insurance on all steam boilers, pressure boilers, or other
such apparatus as Landlord may deem necessary to be covered by such insurance and in
such amount or amounts as Landlord may from time to time reasonably require.
8.5. All policies of insurance required to be maintained by Tenant shall be
written in companies satisfactory to Landlord, and shall be written in such form and shall
be distributed in such companies as shall be reasonably acceptable to Landlord. Such
policies shall be delivered to Landlord endorsed "premium paid" by the company or
agency issuing the same or accompanied by another evidence satisfactory to Landlord
that the premiums thereon have been paid, not less than (10) days. prior to the expiration
of any then current policy.
ARTICLE IX.
Quiet Enjoyment
9.1 Landlord represents and warrants that it is the lawful owner of the Leased
Premises; that it has the full right and power to make the Lease; that if and so long as
Tenant shall not be in default hereunder, Tenant shall quietly hold, occupy, and enjoy the
Leased Premises during all of the Term.
ARTICLE X.
Destruction By Fire
10.1. If the Building or any portion thereof is damaged or destroyed by fire or
other casualty, however or by whomever caused, Landlord shall repair, rebuild, and
restore the same with due diligence and dispatch (subject to the approval of the holders of
any mortgages on the Building) so that the Building will be restored to at least the same
good order and condition as existed prior to damage or destruction. If more than twenty
five percent (25%) of the Leased Premises is damaged or destroyed by fire or other
casualty, Landlord shall have the option, in its sole discretion, to decline to rebuild. If
Landlord so declines, this Lease shall terminate as of the of the date of such damage or
destruction. If Landlord elects to repair the Building, and if such damage in the
reasonable opinion of the Landlord renders the entire Leased Premises unfit for Tenant's
normal business purposes, and Tenant by reason thereof discontinues business in the
Leased Premises, Base Rent and Additional Rent shall be abated for a period during
which no part of the Leased Premises is fit for such business purposes and during which
time Tenant discontinues business. If such damage renders only part of the Leased
Premises unfit for Tenant's normal business purposes, Base Rent shall be apportioned on
a square foot of Leased Premises area basis and the proportion thereof applicable to each
part of the Leased Premises upon which Tenant discontinues its business operations shall
be abated for the period during which such part is not fit for Tenant's normal business
purposes and during which Tenant discontinues such business operations.
10.2. Tenant will repair and replace all improvements and betterments placed
upon the Leased Premises by it, and such repair and replacement shall be made at its own
expense and not at the expense of Landlord.
ARTICLE XI.
Assignment and Subletting
~`~ 11.1 Tenant shall not assign or sublease any of its rights under the Lease of any
part of the Leased Premises without prior written consent from Landlord, which consent
shall not be unreasonably withheld by Landlord. No such assignment or subleasing shall
in any event relieve Tenant from any of its obligations contained in the Lease, nor shall
any assignment or transfer of the Lease be effective unless the assignee or transferee
shall, at the time of such assignment or transfer, assume in writing all the terms,
covenants, and conditions of the Lease to be performed thereafter by Tenant and shall
agree in writing to be bound thereby. Tenant agrees to pay on behalf of Landlord any and
all costs of Landlord, including reasonable attorneys' fees occasioned by such assignment
or transfer.
ARTICLE XII.
Defaults of Tenant
12.1. If during the Term Tenant shall default in fulfilling any of the covenants
of the Lease (other than the covenants for the payment of Base Rent or Additional Rent),
Landlord shall give Tenant notice of any default or of the happening of any contingency
referred to in this paragraph, and if at the expiration of twenty (20) days after the service
of such notice the default or contingency upon which said notice was based shall continue
to exist, or in the case of a default or contingency which cannot with due diligence be
cured within a period of twenty (20) days, if Tenant fails to proceed promptly after the
service of such notice and with all due diligence to cure the same and thereafter to
prosecute the curing of such default with all due diligence, Landlord, at its .option, may
terminate the Lease, and upon such termination, Tenant will quit and surrender the
Leased Premises to Landlord, but Tenant shall remain liable as hereinafter provided.
12.2. If Tenant shall default in the payment of the Base Rent or Additional Rent
expressly reserved hereunder, or any part of the same, and such default shall continue for
ten (10) days after notice thereof by Landlord, or if the Lease shall expire as provided in
Paragraph 12.1 of this Article, Landlord or Landlord's agents and servants may
immediately or at any time thereafter re-enter the Leased Premises and remove all
persons and any or all property therefrom, either by summary dispossession proceedings
or by any suitable action or proceedings at law or by force or otherwise and repossess and
enjoy said Leased Premises, together with all additions, alterations and improvements,
without reentry and repossession working forfeiture or waiver of the rents to be paid and
the covenants to be performed by Tenant during the Term hereof. Upon the expiration of
the Term of the Lease by reason of any of the events described in Paragraph 12.1, or in
the event of termination of the Lease by summary dispossession proceedings or under
any provision of law now or hereafter in force by reason of or based upon or arising out
of a default under or a breach of the Lease on the part of Tenant (except where such
breach or default is determined by a court of competent jurisdiction to be justified
because of Landlord's acts or omissions), or upon Landlord recovering possession of the
Leased Premises in the manner or in any of the circumstances whatsoever, whether with
or without legal proceedings, by reason of or based upon or arising out of a default under
or a breach of the Lease on the part of Tenant, Landlord may, at its option, at any time
and from time to time, relet the Leased Premises, or any part thereof, for the account of
Tenant or otherwise, and receive and collect the rents therefor, applying the same first to
the payment of such expenses as Landlord may have incurred in recovering possession of
the Leased Premises, including legal expenses and attorneys, fees, and for putting the
same into good order or condition or preparing or altering the same for re-rental and all
other expenses, commissions, and charges paid, assumed, or incurred by Landlord in
reletting the Leased Premises and then to the fulfillment of the covenants of Tenant
hereunder. Any such reletting herein provided for may be for the remainder of the Term
of the Lease as originally granted or for a longer or shorter period. In any such case or
~~ whether or not the Leased Premises, or any part thereof, is relet, Tenant shall pay to
Landlord the Base Rent and the Additional Rent required to be paid by Tenant up to the
time of such termination of the Lease, as the case may be, and thereafter, Tenant
covenants and agrees, if required by Landlord, to pay to Landlord until the end of the
Term of the Lease the equivalent of the amount of all the Base Rent and Additional Rent
reserved herein less the net proceeds of reletting, if any. Landlord shall have the election,
in place and stead of holding Tenant so liable, forthwith to recover against Tenant, as
damages for loss of the bargain and not as penalty, an aggregate sum which at the time of
such termination of the Lease for such recovery of possession of the Leased Premises by
Landlord, as the case may be, represents the then present worth of the excess, if any, of
the aggregate of the Base Rent and Additional Rent payable by Tenant hereunder that
would have accrued for the balance of the Term, over the aggregate rental value of the
Leased Premises for the balance of such Term.
12.3. The specified remedies to which Landlord may resort under the terms of
the Lease are cumulative and are not intended to be exclusive of any other remedies or
means of redress to which Landlord may be lawfully entitled in case of any breach or
threatened breach by Tenant of any provision of the Lease. The failure of Landlord to
insist in any one or more cases upon the strict performance of any of the covenants of the
Lease or to exercise any option herein contained shall not be construed as a waiver or a
relinquishment for the future of such covenant or option. A receipt by Landlord of Base
Rent or Additional Rent, with knowledge of breach of any covenant hereof (other than
the payment of Base Rent or Additional Rent) shall not be deemed a waiver of such
breach, and no waiver by Landlord of any provision of this Lease shall be deemed to
have been made unless expressed in writing and signed by Landlord. In addition to other
remedies provided in this Lease, Landlord shall be entitled to the restraint by injunction
for the violation or attempted or threatened violation of the covenants, conditions, or
provisions of the Lease.
ARTICLE XIII.
Attorneys' Fees
13.1 If it is necessary for Landlord to retain the services of an attorney at law to
enforce any of the terms, covenants, or provisions hereof, or to collect any sums due
hereunder, Tenant shall pay to Landlord upon demand, as Additional Rent hereunder, the
reasonable cost of such services.
ARTICLE XIV.
Architectural Fees
14.1 If the Tenant fulfills all the obligations of this agreement and completes
the entire six-month lease period and the Landlord determines not to lease the premises to
Tenant for any subsequent periods, Landlord shall reimburse the Tenant for a portion of
Architectural Fees incurred and paid by Tenant. Landlord shall pay Tenant for said
architectural fees incurred in the amount of $5,996, depreciated at a rate of 11 2/3% per
T + i n t- - + i. T .,,,a~ ,a ,a Q~~nnn ~o~~aa~
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ARTICLE XV.
`''~ Removal of Improvements and Fixtures
15.1 Any improvements or fixtures installed by Tenant in the Leased Premises
or in the Building, whether used solely in Tenant's business or whether usable in the
Leased Premises without regard to such business or otherwise, shall become the property
of Landlord upon the termination of the Lease.
ARTICLE XVI.
Condition of Leased Premises at Termination
16.1 At the termination of the Lease by lapse of time or otherwise, Tenant shall
return the Leased Premises in as good a condition as when Tenant took possession,
excepting only ordinary wear and tear ;damage, or destruction as
described in Articles 10 "~ herein.
ARTICLE XVII.
Holding Over
17.1 In the absence of any written agreement to the contrary, if Tenant should
continue to occupy the Leased Premises following the expiration of the Term of the
Lease, Tenant shall so remain as a tenant from month to month and all provisions of the
Lease applicable to such tenancy shall remain in full force and effect. During such
tenancy, the same Base Rent and the same terms and conditions as prevailed during the
last month of the Term demised shall prevail. In any such event, Tenant shall be liable to
Landlord for damages which Landlord may incur as a result of such holding over,
including but not limited to damages incurred because of loss of a prospective successor
tenant. If Tenant is a holdover tenant and if Tenant continues to 'occupy the Leased
Premises following the termination of such holdover (by a proper notice as to such month
month tenancy), then the foregoing provisions of this Article shall apply in the same
manner as when Tenant continued in occupancy following the expiration of the Term of
the Lease.
ARTICLE XVIII.
- Use of Leased Premises
18.1 The Leased Premises shall be used only for the sale and/or rental of
hockey and skating equipment and apparel, skate sharpening and related services and
such other activities as the Landlord may authorize from time to time. Tenant shall not
use or occupy the Leased Premises or knowingly permit the Leased Premises to used or
occupied contrary to any .statute, rule, order, ordinance, requirement, or regulation
applicable thereto or in any manner which would violate any certificate of occupancy
affecting the same, or which would cause structural injury to the Leased Premises or
cause the value or usefulness of the Leased Premises or any part thereof to substantially
diminish (reasonable wear and tear excepted) or which would constitute a public or
private nuisance or waste. Tenant shall promptly upon discovery of any such use, take all
necessary steps to compel the discontinuance of such use. Landlord shall not, during the
term of this Lease, permit or allow anyone other than Tenant to use the Building as a
location to sharpen skates, use a skate sharpening machine, sell hockey equipment or
supplies including, but not limited to tape and laces, during the business hours of Tenant.
This limitation shall not prohibit the occasioned sale of hockey related merchandise by
local hockey associations during organized events.
ARTICLE XIX.
Permits
19.1 Tenant shall maintain in force and effect all permits, licenses, and similar
authorizations to use the Leased Premises for the aforesaid purposes required by any
governmental authority having jurisdiction over the use thereof. Tenant's failure to
maintain such permits, licenses, and similar authorizations shall not relieve Tenant from
the performance of its obligations and covenants hereunder (except obligations and
covenants as may be prohibited by law), nor from the obligations to pay Base Rent or
Additional Rent, as set forth herein. Tenant shall, at Landlord's request, in its capacity as
'~ Tenant, and not in its capacity as owner of the land underlying the Building, join with
Landlord in executing, acknowledging, and delivering any and all petitions, consents,
subordinations, plats, or easement deeds that may be required for the installation of any
utilities, public improvements, roads, water lines, sewer lines, storm drainage facilities,
subdivision, rezoning, special use, platting, or other similar development of the Leased
Premises, which do not affect Tenant's use of the Leased Premises during the Term of the
Lease.
ARTICLE XX.
Compliance with Law
20.1 Tenant, at its sole expense, shall promptly comply with all laws,
ordinances, and requirements of federal, state, county, and municipal authorities relating
to Tenant's use and occupation of the Leased Premises, and with any lawful order or
direction of any public officer relating to Tenant's use and occupation of the Leased
Premises during the Term of the Lease. Nothing herein contained, however, shall
prohibit Tenant from appealing from or contesting the validity or legality of such laws,
ordinances, requirements, orders, or directions and, notwithstanding the foregoing
provisions of this Article, Tenant shall not be deemed to be in default hereunder so long
as Tenant diligently prosecutes such appeal or contest.
ARTICLE XXI.
Lessor's Access to Premises
21.1 Tenant shall permit Landlord and the authorized representatives of
Landlord to enter the Leased Premises at all times during usual business hours for the
purpose of inspecting the same and making any necessary repairs to comply with any
- ~ laws, ordinances rules, regulations, or requirements of any public authority or of the
Board of Fire Underwriters or any similar board. Nothing herein shall imply any duty
upon the part of Landlord to do any such work which, under any provision of the Lease,
Tenant may be required to perform, and the performance thereof by Landlord shall not
constitute a waiver of Tenant's default in failing to perform the same. Landlord may,
during the progress of any work in the Leased Premises, reasonably keep and store upon
the Leased Premises all necessary materials, tools, and equipment. Landlord shall not in
any event be liable for inconvenience, annoyance, disturbance, loss of business, or other
damage to Tenant by reason of making repairs or the performance of any work in the
Leased Premises, or on account of bringing materials, supplies, and equipment onto or
through the Leased Premises during the course thereof, and the obligations of Tenant
under the Lease shall not hereby be affected in any manner whatsoever. Landlord shall,
however, in connection with the doing of any such work cause as little inconvenience,
annoyance, disturbance, loss of business, or other damage to Tenant as may reasonably
be possible in the circumstances.
ARTICLE XXII.
Indemnity
22.1 Tenant shall indemnify and save harmless Landlord against and from any
and all claims by or on behalf of any person or persons, firm or firms, corporation or
corporations, arising from the conduct or management of or from any work or thing.
whatsoever done by Tenant, or any of its agents, contractors, employees, or licensees in,
on or about the Leased Premises, and will further indemnify and save Landlord harmless
against and from any and all claims arising during the Term of the Lease from any
condition of the Leased Premises arising from any breach or default on the part of Tenant
in the performance of any covenant or agreement on the part of Tenant to be performed,
pursuant to the terms of the Lease, or arising from any act of negligence of Tenant, or any
of its agents, contractors, employees, or licensees, or arising from any accident, injury, or
damage whatsoever caused to any person, firm, or corporation occurring during the Term
~~; of the Lease, in the Leased Premises, and from and against all costs, reasonable attorneys,
~ fees, expenses, and liabilities incurred in or about any such claim or action or proceeding
brought thereon; and in case any action or proceeding is brought against Landlord by
reason of any such claim, Tenant, upon notice from Landlord, shall resist or defend such
action or proceeding by counsel reasonably satisfactory to Landlord. However, nothing
in this Lease shall require the Tenant to indemnify and save harmless Landlord from any
claim caused by or occasioned by actions of the Landlord, its agents, contractors,
employees or licensees.
ARTICLE XXIII.
Estoppel Certificate
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t
23.1 Tenant shall, at any time and from time to time, upon not less than twenty
(20) days' prior notice by Landlord, execute, acknowledge, and deliver to Landlord a
statement in writing certifying that the Lease is unmodified and in full force and effect
(or if there shall have been modifications that the Lease is in full force and effect as
modified and stating the modifications) and the dates to which the Base Rent and
Additional Rent have been paid in advance, if any, and stating whether or not (to the best
knowledge of Tenant) Landlord is in default in the performance of any covenant,
agreement, or condition contained in the Lease and, if so, specifying each such default of
which Tenant may have knowledge, it being intended that any such statement delivered
pursuant to this Article shall be in a form approved by and may be relied upon by any
prospective assignee of Landlord's interest in the Lease or any mortgagee of the Leased
Premises or any assignee of any mortgage upon the Leased Premises.
ARTICLE XXIV.
Subordination
24.1 The Lease shall, at landlord's election, be subject and subordinate to the
terms and conditions of all mortgages which may now or hereafter encumber the Leased
Premises and to all renewals, modifications, consolidations, replacements, and extensions
of such mortgages. In confirmation of such subordination, Tenant shall promptly execute
any certificate of subordination or other such documents which Landlord or its
mortgagees may request, ~ ,;,av,a~ ~,,,.,,v.,o..~ +~,,,+ ~„+i.;,.,,, ~,o..o;~ „ ,.;,a ,.,...+;~,.,.~,. ,.F
ARTICLE XXV.
Signs
25.1 Upon prior written approval by Landlord of design and construction,
which approval shall not be unreasonably withheld, Tenant may erect such signs upon the
Leased Premises as it may deem desirable, as long as said signs do not exceed in weight
the safe carrying capacity of any bearing structure, or violate the laws of the state or
ordinances of the municipality in which the Leased Premises is situated.
ARTICLE. XXVI.
Entire agreement
26.1 The Lease contains the entire agreement between the parties, and there are
no other terms, obligations, covenants, representations, statements, or conditions, oral or
otherwise, of any kind whatsoever. Any agreement hereafter made shall be ineffective to
change, modify, discharge, or effect an abandonment of the Lease in whole or in part
unless such agreement is in writing and signed by the party against whom enforcement of
the change, modification, discharge, or abandonment in sought.
,~, ARTICLE XXVII.
Release of Lessor
27.1 If Landlord sells or otherwise transfers all of its interest in the Leased
Premises, Landlord shall, without further action by any party, be released and discharged
from any further obligation or duty under the Lease, and no claim or demand upon
Landlord shall thereafter be made by Tenant arising out of any such prospective
obligation or duty of Landlord hereunder. Upon request by Landlord, Tenant shall
execute an attornment agreement with Landlord's transferee in form satisfactory to such
transferee.
ARTICLE XXVIII.
Severability
28.1 If any term, condition, or provision of the Lease or the application thereof
to any person or circumstance shall, to any extent, be held to be invalid or unenforceable,
the remainder thereof and the application of such terms, provisions, and conditions to
persons or circumstances other than those as to whom it shall be held invalid or
unenforceable shall not be affected thereby, and the Lease and all the terms, provisions,
and conditions hereof shall, in all other respects, continue to be effective and to be
complied with to the full extent permitted by law.
ARTICLE XXIX.
Short Form Lease
29.1 At the request of either party hereto, a short form lease shall be prepared
in form and substance reasonably satisfactory to each of the parties and shall be executed
by each of the parties in duplicate, such lease to be filed for record in Hennepin County,
Minnesota.
ARTICLE XXX.
Notices
30.1 Any notice or election herein requested or permitted to be given or served
by either party hereto upon the other, shall be deemed given or served in accordance with
the provisions of the Lease if delivered to either party hereto and receipt is obtained
therefor, or if mailed in a sealed wrapper by United states registered or certified mail,
postage prepaid, properly addressed to such other party at the address hereinafter
specified. Unless and until changed by notice as herein provided, notices and
communications shall be addressed as follows:
If to Landlord: City of Richfield
6700 Portland Avenue, Richfield, MN 55423
If to Tenant: Hat Trick Hockey
640 East 66th Street, Richfield, MN 55423
Each such mailed notice or communication shall be deemed to have been given to, or
served upon the party to which addressed, on the date the same is deposited in the United
states registered or certified mail, postage prepaid, properly addressed in the manner
above provided. Each such delivered notice or communication shall be deemed to have
been given to, or served upon, the party to whom delivered, upon delivery thereof in the
manner above provided. Either party may change the address to which mailed notice is
to be sent to it by giving to the other party hereto not less than thirty (30) days, advance
written notice thereof. All payments of Base Rent or Additional Rent hereunder shall be
made to Landlord at the address above designated, or as may be hereafter designated.
~~\ ARTICLE XXXI.
Headings
31.1 The headings incorporated in the Lease are for convenience in reference
only and are not a part of the Lease and do not in any way limit or add to the terms and
provisions hereof.
ARTICLE ~;XXII.
Binding Effect
32.1 All of the covenants, conditions, and agreements herein contained shall
extend to, be binding upon and inure to the benefit of the parties hereto and their
respective heirs, successors, and assigns.
IN WITNESS WHEREOF, the parties have executed this Lease the day and year first
above written.
LESSOR:
CITY OF RICHFIELD, a Minnesota municipal corporation
By:
Its Mayor, Martin Kirsch
And By:
Its City Manager, Samantha Orduno
LESSEE:
HAT TRICK HOCKEY, INC., a Minnesota corporation
By:
Its Owner, Tom Sachs
This instrument was drafted by:
Kennedy & Graven, Chartered (JBD)
470 Pillsbury Center
200 South Sixth Street
Minneapolis, MN 55402
612/337-9219
Kennedy & Graven, Chartered
LEASE AGREEMENT
This lease is made this ~~ d~e~3~°~ 14th day of October, 2003, by and
between THE CITY OF RICHFIELD ("Landlord") and HAT TRICK HOCKEY, INC.
("Tenant").
Landlord and Tenant, intending to be legally bound, hereby covenant and agree as
follow:
ARTICLE I.
Leased Premises
1.1 Landlord does hereby lease, demise, and let unto Tenant, and Tenant does
hereby hire and take from Landlord, upon the terms and conditions set forth herein (the
Lease), the premises shown cross-hatched on Exhibit A attached hereto and incorporated
herein, ,
iT °°~°a D~°,V,:~eS) consisting of 1,900 square feet of space (Leased Premises), located on
the level of the Richfield Ice Arena Building located at 636 East 66th Street situated in
the City of Richfield, Hennepin County, Minnesota (the "Building"). T~
P-~emi~sb~e~fer~et~ne~ecif~e~-se-~ferl/xx •+ ~;
ARTICLE II.
Term
2.1. PYE1Vld`~'~-+i,^++L,° T ° ~°.a D~e~i~°~ ;~ F;,-,;~1,°.a ;,-. +L.° ,V. '.a .7 '
"~~ The term of the Lease shall commence on C~~~e~-~9~ December 1, 2003
(the Commencement Date); and the Lease shall terminate on ~°r+°,,.,,,°,. ~n~ ~°°~
November 30, 2006. T~eiea~es-~e~ses~e-~t9~e~sl~en~c~eb~-~°~-tl~e
2.2. If, at the termination of this lease agreement for reasons other than default
or breach by Tenant, Landlord decides to lease the Leased Premises to a third party,
Tenant shall have the right, for a period of one year after the termination date, to match or
exceed any proposed and/or actual lease for the Leased Premises which is acceptable to
the Landlord, and if the Tenant elects in writing within 15 days of the date of receipt of
the proposed and/or actual Lease, then the parties hereto shall execute such a lease.
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ARTICLE III.
Rent
Tenant shall pay to Landlord as the "Base Rent" monthly rent in accordance with
the following schedule:
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January February March October November December
$2900 $2900 $2900 $2900 $2900 $2900
April May June July August September
$1500 $1500 $1500 $1500 $1500 $1500
Said Base Rent shall be payable in advance, on or before the first (1st) day of each and
every month, commencing on the Commencement Date, and continuing during the Term.
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ARTICLE IV.
Nonpayment
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4-~: Except as otherwise expressly provided herein, Tenant covenants and
agrees that if at any time it fails to pay any amount required by the Lease, or to obtain,
pay for, maintain, or deliver any of the insurance policies herein provided for, or fails to
make any other payment or perform any other act required to be made or performed by
~ ~ the Lease, then Landlord, without notice to or demand upon Tenant, without waiving or
releasing Tenant from any obligation of Tenant contained in the Lease, and without any
obligation to do so, may effect any such insurance coverage and pay premiums therefor
and may make any other payment or perform any other act on the part of Tenant to be
made and performed as provided in the Lease, in such manner and to such extent as
Landlord may deem reasonably desirable, and in exercising such right to pay necessary
and incidental costs and expenses. All sums so paid by Landlord and all necessary and
any such act by Landlord, together with interest thereon at the maximum rate permitted
by law, whichever is less, from the date of making of such expenditure by Landlord, shall
be payable to Landlord as Additional Rent, and except as otherwise provided for in the
Lease, shall be payable on demand or at the option of Landlord may be added to any
monthly rental then due or thereafter becoming due under the Lease. Tenant covenants to
pay any such sum or sums with interest as aforesaid and Landlord shall have (in addition
to any right or remedy of Landlord) the same rights and remedies in the event of
nonpayment by Tenant as in the case of default by Tenant in payment of rent.
ARTICLE V.
Taxes
5.1 Tenant shall pay all real estate taxes and installments of special
assessments which shall during the term be laid, assessed, levied or imposed upon or
shall become payable and a lien upon, the Leased Premises or any part thereof (the
Taxes). Such taxes and special assessments shall be prorated in the first and last years of
the Lease based upon the period of occupancy. Tenant shall make such real estate tax
payments directly to the appropriate governmental authorities which have lawfully levied
and are authorized to collect such tax.
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ARTICLE VI.
Utilities and Maintenance Expense
6.1. Tenant shall pay its pro rata share of all charges for electricity, light, air
conditioning and power with the Leased premises. The charges thereof shall be deemed
Additional Rent and payable in accordance with Article V hereof. To the extent that
utilities are separately metered or separately charged to Tenant's Premises, they shall not
be subject to prorated allocation, but shall remain the obligation of Tenant.
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ARTICLE VII.
Repairs, Maintenance and Alterations
7.1. Tenant shall, during the Term and at Tenant's expense, keep the Leased
Premises and appurtenances and every part thereof in good order, condition, and repair,
including, without limitation, the maintenance, repair, and replacement, if necessary, of
all interior walls, partitions, doors, and windows, including the regular painting thereof;
r,,..~„~
~°~~°~ °~ a~=°~-~~tio~~'-n~c~=. Tenant shall promptly notify Landlord of any
necessary maintenance, repairs, or replacements. When. used in this provision, the term
repairs' shall include replacements or renewals when necessary, and all such repairs made
~ by the Tenant shall be equal in quality and class to the original work. If Tenant does not
keep and maintain the Leased Premises as herein provided, Landlord may, but need not,
~_, make such repairs and replacements, and Tenant shall pay Landlord, as Additional Rent,
the cost thereof forthwith, plus interest at the rate of 10% per annum from the date of
making such expenditure by Landlord, upon being billed for the same. All damage or
injury to the Leased Premises and to its fixtures, appurtenances, and equipment caused by
Tenant moving property in or out of the Leased Premises or by installation, removal of
furniture, fixtures, equipment, or other property by Tenant, its agents, contractors,
servants, or employees, or resulting from any other cause of any other kind or nature
whatsoever due to carelessness, omission, neglect, improper conduct, or other causes of
Tenant, its servants, employees, agents, visitors, or licensees, shall be repaired, restored,
or replaced promptly by Tenant at its sole cost and expense to the satisfaction of
Landlord. If Tenant fails to make such repairs, restorations, or replacements, the same
-may be made by Landlord and the same shall be at the expense of Tenant and collectible
as Additional Rent or otherwise, and shall be paid by Tenant to Landlord within five (5)
days after rendition of a bill or statement therefor.
7.2) Except as otherwise provided herein, no improvements, alterations, or
replacements shall be made to the Leased Premises or any portion thereof without the
prior written consent of Landlord.
7.3) Notwithstanding any other provision contained herein to the contrary,
Landlord shall repair, at its expense, the structural portions of the Building; provided,
however, where structural repairs are required to be made by reason of the acts of Tenant,
the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon
demand.
7.4) Landlord covenants to Tenant that it will continue to reasonably provide
for the removal of snow from the parking lot and sidewalks and for the maintenance and
repair work on the building exterior all for the benefit of users of the building, including
Tenant.
ARTICLE VIII.
Insurance
8.1. Landlord shall at all times during the Term keep the Building insured
against loss or damage by fire and against those perils included from time to time in the
standard form of extended coverage insurance endorsement, including but without
limiting the generality of the foregoing, wind storm, hail, explosion, vandalism, riot and
civil commotion, damage from vehicles, and smoke damage, and such other coverage as
may be deemed necessary by Landlord.
8.2. Tenant shall insure the contents of the Leased Premises owned by Tenant,
for the benefit of Tenant, against lose or damage by fire, windstorm, or other casualty for
such amount as Tenant may desire.
8.3. Mutual Waiver of Subrogation. Landlord and Lessee hereby waive any and
all rights of recovery against each other for any loss or damage to the Leased Premises
and/or the Building or the contents contained therein on account of fire or other casualty
or for injuries sustained on the Leased Premises and/or the Building, provided such loss
or damage is insured under a policy carried by Lessor or Lessee at the -time of such loss
or damage. The aforesaid policies of insurance shall contain appropriate provisions
recognizing this mutual release and waiving all rights of subrogation on behalf of the
respective msurance carriers.
8.4. Tenant shall also, as Additional Rent hereunder and at Tenant's sole cost
and expense, but for the mutual benefit of Landlord and Tenant, as named insureds,
maintain during the Term (a) general public liability insurance against claims for personal
/~ injury, death, or property damage occurring upon, in, or about the Leased Premises, and
on, in, or about the adjoining lands, such insurance to afford protection to the limit of not
less than Five Hundred Thousand and no/100 Dollars ($500,000.00) in respect to injury
or death to a single person, and to the limit of not less than one Million and no/100
Dollars ($1,000,000.00) in respect to any one (1) accident and to the limit of not less than
Three Hundred Thousand and no/100 Dollars ($300,000.00) in respect to any property
damage; and (b) steam boiler insurance on all steam boilers, pressure boilers, or other
such apparatus as Landlord may deem necessary to be covered by such insurance and in
such amount or amounts as Landlord may from time to time reasonably require.
8.5. All policies of insurance required to be maintained by Tenant shall be
written in companies satisfactory to Landlord, and shall be written in such form and shall
be distributed in such companies as shall be reasonably acceptable to Landlord. Such
policies shall be delivered to Landlord endorsed "premium paid" by the company or
agency issuing the same or accompanied by another evidence satisfactory to Landlord
that the premiums thereon have been paid, not less than (10) days prior to the expiration
of any then current policy.
ARTICLE IX.
Quiet Enjoyment
9.1 Landlord represents and warrants that it is the lawful owner of the Leased
Premises; that it has the full right and power to make the Lease; that if and so long as
Tenant shall not be in default hereunder, Tenant shall quietly hold, occupy, and enjoy the
Leased Premises during all of the Term.
~ ARTICLE X.
Destruction By Fire
10.1. If the Building or any portion thereof is damaged or destroyed by fire or
other casualty, however or by whomever caused, Landlord shall repair, rebuild, and
restore the same with due diligence and dispatch (subject to the approval of the holders of
any mortgages on the Building) so that the Building will be restored to at least the same
good order and condition as existed prior to damage or destruction. If more than twenty
five percent (25%) of the Leased Premises is damaged or destroyed by fire or other
casualty, Landlord shall have the option, in its sole discretion, to decline to rebuild. If
Landlord so declines, this Lease shall terminate as of the of the date of such damage or
destruction. If Landlord elects to repair the Building, and if such damage in the
reasonable opinion of the Landlord renders the entire Leased Premises unfit for Tenant's
normal business purposes, and Tenant by reason thereof discontinues business in the
Leased Premises, Base Rent and Additional Rent shall be abated for a period during
which no part of the Leased Premises is fit for such business purposes and during which
time Tenant discontinues business. If such damage renders only part of the Leased
Premises unfit for Tenant's normal business purposes, Base Rent shall be apportioned on
a square foot of Leased Premises area basis and the proportion thereof applicable to each
part of the Leased Premises upon which Tenant discontinues its business operations shall
be abated for the period during which such part is not fit for Tenant's normal business
purposes and during which Tenant discontinues such business operations.
10.2. Tenant will repair and replace all improvements and betterments placed
upon the Leased Premises by rt, and such repair and replacement shall be made at its own
expense and not at the expense of Landlord.
ARTICLE XI.
Assignment and Subletting
11.1 Tenant shall not assign or sublease any of its rights under the Lease of any
part of the Leased Premises without prior written consent from Landlord, which consent
shall not be unreasonably withheld by Landlord. No such assignment or subleasing shall
in any event relieve Tenant from any of its obligations contained in the Lease, nor shall
any assignment or transfer of the Lease be effective unless the assignee or transferee
shall, at the time of such assignment or transfer, assume in writing all the terms,
covenants, and conditions of the Lease to be performed thereafter by Tenant and shall
agree in writing to be bound thereby. Tenant agrees to pay on behalf of Landlord any and
all costs of Landlord, including reasonable attorneys' fees occasioned by such assignment
or transfer.
ARTICLE XII.
Defaults of Tenant
12.1. If during the Term Tenant shall default in fulfilling any of the covenants
of the Lease (other than the covenants for the payment of Base Rent or Additional Rent),
Landlord shall give Tenant notice of any default or of the happening of any contingency
referred to in this paragraph, and if at the expiration of twenty (20) days after the service
of such notice the default or contingency upon which said notice was based shall continue
to exist, or in the case of a default or contingency which cannot with due diligence be
cured within a period of twenty (20) days, if Tenant fails to proceed promptly after the
service of such notice and with all due diligence to cure the same and thereafter to
prosecute the curing of such default with all due diligence, Landlord, at its option, may
terminate the Lease, and upon such termination, Tenant will quit and surrender the
Leased Premises to Landlord, but Tenant shall remain liable as hereinafter provided.
12.2. If Tenant shall default in the payment of the Base Rent or Additional Rent
expressly reserved hereunder, or any part of the same, and such default shall continue for
ten (10) days after notice thereof by Landlord, or if the Lease shall expire as provided in
Paragraph 12.1 of this Article, Landlord or Landlord's agents and servants may
immediately or at any time thereafter re-enter the Leased Premises and remove all
persons and any or all property therefrom, either by summary dispossession proceedings
or by any suitable action or proceedings at law or by force or otherwise and repossess and
enjoy said Leased Premises, together with all additions, alterations and improvements,
without reentry and repossession working forfeiture or waiver of the rents to be paid and
the covenants to be performed by Tenant during the Term hereof. Upon the expiration of
the Term of the Lease by reason of any of the events described in Paragraph 12.1, or in
the event of termination of the Lease by summary dispossession proceedings or under
any provision of law now or hereafter in force by reason of or based upon or arising out
of a default under or a breach of the Lease on the part of Tenant (except where such
breach or default is determined by a court of competent jurisdiction to be justified
because of Landlord's acts or omissions), or upon Landlord recovering possession of the
Leased Premises in the manner or in any of the circumstances whatsoever, whether with
or without legal proceedings, by reason of or based upon or arising out of a default under
or a breach of the Lease on the part of Tenant, Landlord may, at its option, at any time
and from time to time, relet the Leased Premises, or any part thereof, for the account of
Tenant or otherwise, and receive and collect the rents therefor, applying the same first to
the payment of such expenses as Landlord may have incurred in recovering possession of
the Leased Premises, including legal expenses and attorneys, fees, and for putting the
same into good order or condition or preparing or altering the same for re-rental and all
other expenses, commissions, and charges paid, assumed, or incurred by Landlord in
reletting the Leased Premises and then to the fulfillment of the covenants of Tenant
hereunder. Any such reletting herein provided for may be for the remainder of the Term
~ of the Lease as originally granted or for a longer or shorter period. In any such case or
whether or not the Leased Premises, or any part thereof, is relet, Tenant shall pay to
Landlord the Base Rent and the Additional Rent required to be paid by Tenant up to the
time of such termination of the Lease, as the case may be, and thereafter, Tenant
covenants and agrees, if required by Landlord, to pay to Landlord until the end of the
Term of the Lease the equivalent of the amount of all the Base Rent and Additional Rent
reserved herein less the net proceeds of reletting, if any. Landlord shall have the election,
in place and stead of holding Tenant so liable, forthwith to recover against Tenant, as
damages for loss of the bargain and not as penalty, an aggregate sum which at the time of
such termination of the Lease for such recovery of possession of the Leased Premises by
Landlord, as the case may be, represents the then present worth of the excess, if any, of
the aggregate of the Base Rent and Additional Rent payable by Tenant hereunder that
would have accrued for the balance of the Term, over the aggregate rental value of the
Leased Premises for the balance of such Term.
12.3. The specified remedies to which Landlord may resort under the terms of
the Lease are cumulative and are not intended to be exclusive of any other remedies or
means of redress to which Landlord may be lawfully entitled in case of any breach or
threatened breach by Tenant of any provision of the Lease. The failure of Landlord to
insist in any one or more cases upon the strict performance of any of the covenants of the
Lease or to exercise any option herein contained shall not be construed as a waiver or a
relinquishment for the future of such covenant or option. A receipt by Landlord of Base
Rent or Additional Rent, with knowledge of breach of any covenant hereof (other than
the payment of Base Rent or Additional Rent) shall not be deemed a waiver of such
breach, and no waiver by Landlord of any provision of this Lease shall be deemed to
have been made unless expressed in writing and signed by Landlord. In addition to other
remedies provided in this Lease, Landlord shall be entitled to the restraint by injunction
for the violation or attempted or threatened violation of the covenants, conditions, or
provisions of the Lease.
ARTICLE XIII.
Attorneys' Fees
13.1 If it is necessary for Landlord to retain the services of an attorney at law to
enforce any of the terms, covenants, or provisions hereof, or to collect any sums due
hereunder, Tenant shall pay to Landlord upon demand, as Additional Rent hereunder, the
reasonable cost of such services.
ARTICLE XIV.
cmTscstTJ@qu@lit~2~i,,•a.,, T 1..,..] ~1,z1inz2iii~vciroc-t~3liT°c-izuirc~r-c'rpvicivia-vf
Removal of Improvements and Fixtures
14.1 Any improvements or fixtures installed by Tenant in the Leased Premises
or in the Building, whether used solely in Tenant's business or whether usable in the
Leased Premises without regard to such business or otherwise, shall become. the property
of Landlord upon the termination of the Lease,
ARTICLE XV.
Condition of Leased Premises at Termination
15.1 At the termination of the Lease by lapse of time or otherwise, Tenant shall
return the Leased Premises in as good a condition as when Tenant took possession,
excepting only ordinary wear and tear ~ ;damage, or destruction as
described in Articles 10 "„~'~" herein.
ARTICLE XVI.
Holding Over
16.1 In the absence of any written agreement to the .contrary, if Tenant should
continue to occupy the Leased Premises following the expiration of the Term of the
Lease, Tenant shall so remain as a tenant from month to month and all provisions of the
Lease applicable to such tenancy shall remain in full force and effect. During such
tenancy, the same Base Rent and the same terms and conditions as prevailed during the
last month of the Term demised shall prevail. In any such event, Tenant shall be liable to
Landlord for damages which Landlord may incur as a result of such holding over,
including but not limited to damages incurred because of loss of a prospective successor
tenant. If Tenant is a holdover tenant and if Tenant continues to 'occupy the Leased
Premises following the termination of such holdover (by a proper notice as to such month
month tenancy), then the foregoing provisions of this Article shall apply in the same
manner as when Tenant continued in occupancy following the expiration of the Term of
the Lease.
ARTICLE XVII.
Use of Leased Premises
17.1 The Leased Premises shall be used only for the sale and/or rental of
hockey and skating equipment and apparel, skate sharpening and related services and
such other activities as the Landlord may authorize from time to time. Tenant shall not
use or occupy the Leased Premises or knowingly permit the Leased Premises to used or
occupied contrary to any statute, rule, order, ordinance, requirement, or regulation
applicable thereto or in any manner which would violate any certificate of occupancy
affecting the same, or which would cause structural injury to the Leased Premises or
cause the value or usefulness of the Leased Premises or any part thereof to substantially
diminish (reasonable wear and tear excepted) or which would constitute a public or
private nuisance or waste. Tenant shall promptly upon discovery of any such use, take all
necessary steps to compel the discontinuance of such use. Landlord shall not, during the
term of this Lease, permit or allow anyone other than Tenant to use the Building as a
location to sharpen skates, use a skate sharpening machine, sell hockey equipment or
supplies including, but not limited to tape and laces, during the business hours of Tenant.
This limitation shall not prohibit the occasioned sale of hockey related merchandise by
local hockey associations during organized events.
ARTICLE XVIII.
Permits
18.1 Tenant shall maintain in force and effect all permits, licenses, and similar
authorizations to use the Leased Premises for the aforesaid purposes required by any
governmental authority having jurisdiction over the use thereof. Tenant's failure to
maintain such permits, licenses, and similar authorizations shall not relieve Tenant from
the performance of its obligations and covenants hereunder (except obligations and
covenants as may be prohibited by law), nor from the obligations to pay Base Rent or
Additional Rent, as set forth herein. Tenant shall, at Landlord's request, in its capacity as
Tenant, and not in its capacity as owner of the land underlying the Building, join with
Landlord in executing, acknowledging, and delivering any and all petitions, consents,
'~~ subordinations, plats, or easement deeds that may be required for the installation of any
utilities, public improvements, roads, water lines, sewer lines, storm drainage facilities,
subdivision, rezoning, special use, platting, or other similar development of the Leased
Premises, which do not affect Tenant's use of the Leased Premises during the Term of the
Lease.
ARTICLE XIX.
Compliance with Law
19.1 Tenant, at its sole expense, shall promptly comply with all laws,
ordinances, and requirements of federal, state, county, and municipal authorities relating
to Tenant's use and occupation of the Leased Premises, and with any lawful order or
direction of any public officer relating to Tenant's use and occupation of the Leased
Premises during the Term of the Lease. Nothing herein contained, however, shall
prohibit Tenant from appealing from or contesting the validity or legality of such laws,
ordinances, requirements, orders, or directions and, notwithstanding the foregoing
provisions of this Article, Tenant shall not be deemed to be in default hereunder so long
as Tenant diligently prosecutes such appeal or contest.
ARTICLE XX.
Lessor's Access to Premises
20.1 Tenant shall permit Landlord and the authorized representatives of
Landlord to enter the Leased Premises at all times during usual business hours for the
purpose of inspecting the same and making any necessary repairs to comply with any
laws, ordinances rules, regulations, or requirements of any public authority or of the
Board of Fire Underwriters or any similar board. Nothing herein shall imply any duty
upon the part of Landlord to do any such work which, under any provision of the Lease,
Tenant may be required to perform, and the performance thereof by Landlord shall not
constitute a waiver of Tenant's default in failing to perform the same. Landlord may,
during the progress of any work in the Leased Premises, reasonably keep and store upon
the Leased Premises all necessary materials, tools, and equipment. Landlord shall not in
any event be liable for inconvenience, annoyance, disturbance, loss of business, or other
damage to Tenant by reason of making repairs or the performance of any work in the
Leased Premises, or on account of bringing materials, supplies, and equipment onto or
through the Leased Premises during the course thereof, and the obligations of Tenant
under the Lease shall not hereby be affected in any manner whatsoever. Landlord shall,
however, in connection with the doing of any such work cause as little inconvenience,
annoyance, disturbance, loss of business, or other damage to Tenant as may reasonably
be possible in the circumstances.
ARTICLE XXI.
Indemnity
21.1 Tenant shall indemnify and save harmless Landlord against and from any
and all claims by or on behalf of any person or persons, firm or firms, corporation or
corporations, arising from the conduct or management of or from any work or thing
whatsoever done by Tenant, or any of its agents, contractors, employees, or licensees in,
on or about the Leased Premises, and will further indemnify and save Landlord harmless
against and from any and all claims arising during the Term of the Lease from any
condition of the Leased Premises arising from any breach or default on the part of Tenant
in the performance of any covenant or agreement on the part of Tenant to be performed,
pursuant to the terms of the Lease, or arising from any act of negligence of Tenant, or any
of its agents, contractors, employees, or licensees, or arising from any accident, injury, or
n damage whatsoever caused to any person, firm, or corporation occurring during the Term
of the Lease, in the Leased Premises, and from and against all costs, reasonable attorneys,
fees, expenses, and liabilities incurred in or about any such claim or action or proceeding
''~ brought thereon; and in case any action or proceeding is brought against Landlord by
reason of any such claim, Tenant, upon notice from Landlord, shall resist or defend such
action or proceeding by counsel reasonably satisfactory to Landlord. However, nothing
in this Lease shall require the Tenant to indemnify and save harmless Landlord from any
claim caused by or occasioned by actions of the Landlord, its agents, contractors,
employees or licensees.
ARTICLE XXII.
Estoppel Certificate
22.1 Tenant shall, at any time and from time to time, upon not less than twenty
(20) days' prior notice by Landlord, execute, acknowledge, and deliver to Landlord a
statement in writing certifying that the Lease is unmodified and in full force and effect
(or if there shall have been modifications that the Lease is in full force and effect as
modified and stating the modifications) and the dates to which the Base Rent and
Additional Rent have been paid in advance, if any, and stating whether or not (to the best
knowledge of Tenant) Landlord is in default in the performance of any covenant,
agreement, or condition contained in the Lease and, if so, specifying each such default of
which Tenant may have knowledge, it being intended that any such statement delivered
pursuant to this Article shall be in a form approved by and may be relied upon by any
prospective assignee of Landlord's interest in the Lease or any mortgagee of the Leased
Premises or any assignee of any mortgage upon the Leased Premises.
ARTICLE XXIII.
Subordination
23.1 The Lease shall, at landlord's election, be subject and subordinate to the
_ terms and conditions of all mortgages which may now or hereafter encumber the Leased
Premises and to all renewals, modifications, consolidations, replacements, and extensions
of such mortgages. In confirmation of such subordination, Tenant shall promptly execute
any certificate of subordination or other such documents which Landlord or its
mortgagees may request, r ,;aoa~ ~.,,,..,o.,o,.~ +~,~+ ~„+~,;r~ ~,o,.o;., „ .,;a ,.o,.+;~;„~+o „~
ARTICLE XXIV.
Signs
24.1 Upon prior written approval by Landlord of design and construction,
which approval shall not be unreasonably withheld, Tenant may erect such signs upon the
Leased Premises as it may deem desirable, as long as said signs do not exceed in weight
the safe carrying capacity of any bearing structure, or violate the laws of the state or
ordinances of the municipality in which the Leased Premises is situated.
ARTICLE XXV.
Entire agreement
25.1 The Lease contains the entire agreement between the parties, and there are
no other terms, obligations, covenants, representations, statements, or conditions, oral or
otherwise, of any kind whatsoever. Any agreement hereafter made shall be ineffective to
change, modify, discharge, or effect an abandonment of the Lease in whole or in part
unless such agreement is in writing and signed by the party against whom enforcement of
the change, modification, discharge, or abandonment in sought.
(^, ARTICLE XXVI.
Release of Lessor
26.1 If Landlord sells or otherwise transfers all of its interest in the Leased
^~ Premises, Landlord shall, without further action by any party, be released and discharged
from any further obligation or duty under the Lease, and no claim or demand upon
Landlord shall thereafter be made by Tenant arising out of any such prospective
obligation or duty of Landlord hereunder. Upon request by Landlord, Tenant shall
execute an attornment agreement with Landlord's transferee in form satisfactory to such
transferee.
ARTICLE XXVII.
Severability
27.1 If any term, condition, or provision of the Lease or the application thereof
to any person or circumstance shall, to any extent, be -held to be invalid or unenforceable,
the remainder thereof and the application of such terms, provisions, and conditions to
persons or circumstances other than those as to whom it shall be held invalid or
unenforceable shall not be affected thereby, and the Lease and all the terms, provisions,
and conditions hereof shall, in all other respects, continue to be effective and to be
complied with to the full extent permitted by law.
ARTICLE XXVIII.
Short Form Lease
28.1 At the request of either party hereto, a short form lease shall be prepared
in form and substance reasonably satisfactory to each of the parties and shall be executed
by each of the parties in duplicate, such lease to be filed for record in Hennepin County,
Minnesota.
ARTICLE XXIX.
- Notices
29.1 Any notice or election herein requested or permitted to be given or served
by either party hereto upon the other, shall be deemed given or served in accordance with
the provisions of the Lease if delivered to either party hereto and receipt is obtained
therefor, or if mailed in a sealed wrapper by United states registered or certified mail,
postage prepaid, properly addressed to such other party at the address hereinafter
specified. Unless and until changed by notice as herein provided, notices and
communications shall be addressed as follows:
If to Landlord: City of Richfield
6700 Portland Avenue, Richfield, MN 55423
If to Tenant: .Hat Trick Hockey
640 East 66th Street, Richfield, MN 55423
Each such mailed notice or communication shall be deemed to have been given to, or
served upon the party to which addressed, on the date the same is deposited in the United
states registered or certified mail, postage prepaid, properly addressed in the manner
above provided. Each such delivered notice or communication shall be deemed to have.
been given to, or served upon, the party to whom delivered, upon delivery thereof in the
manner above provided. Either party may change the address to which mailed notice is
to be sent to it by giving to the other party hereto not less than thirty (30) days, advance
written notice thereof. All payments of Base Rent or Additional Rent hereunder shall be
made to Landlord at the address above designated, or as may be hereafter designated.
ARTICLE XXX.
Headings
30.1 The headings incorporated in the Lease are for convenience in reference
only and are not a part of the Lease and do not in any way limit or add to the terms and
provisions hereof.
ARTICLE XXXI.
Binding Effect
31.1 All of the covenants, conditions, and agreements herein contained shall
extend to, be binding upon and inure to the benefit of the parties hereto and their
respective heirs, successors, and assigns.
IN WITNESS WHEREOF, the parties have executed this Lease the day and year first
above written.
LESSOR:
CITY OF RICHFIELD, a Minnesota municipal corporation
By:
Its Mayor, Martin Kirsch
And By:
Its City Manager, Samantha Orduno
LESSEE:
HAT TRICK HOCKEY, INC., a Minnesota corporation
By:
Its Owner, Tom Sachs
This instrument was drafted by:
Kennedy & Graven, Chartered (JBD)
470 Pillsbury Center
200 South Sixth Street
Minneapolis, MN 55402
612/337-9219
1 ~
AGENDA SECTION: Resolution
AGENDA ITEM # g
REPORT # 24[E
STAFF REPORT
CITY COUNCIL MEETING
OCTOBER 28, 2003
REPORT PREPARED BY:
CHRIS REGIS, FINANCE MANAGER
Na,~, TITLF
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
d~
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the attached resolution awarding the sale of $710,000 Genera! Obligation
(G.O.) Capital Notes, Series 20036.
I. RECOMMENDED ACTION:
By Motion: Approval of the attached resolution awarding the sale of
$710,000 G.O. Capital Notes, Series 20036; fixing their form and
specifications; directing their execution and delivery; and providing
for their payment.
II. BACKGROUND
• The City is issuing G.O. Capital in 2003 to finance equipment purchases in 2004
and 2005. The City first issued G.O. Capital Notes in February 2002 in response
to the new Omnibus tax laws and State imposed levy limits.
• With substantial reductions in Local Government Aid (LGA} and continued,
stricter levy limits, G.O. Capital Notes afford an alternative method to finance
necessary equipment purchases.
• These capital notes are short-term borrowing supported by a separate tax levy
above imposed levy limits. The use of Capital Notes will. have the effect of
reducing charges from Internal Service Funds to General Fund departments.
1028G.0. Capital Note Sale
• Accordingly, at the September 23, 2003 City Council meeting, the City Council
,.~ approved a resolution calling for the sale of the G.O. Capital Notes, Series
20036.
• Bids on the capital notes are due in the offices of Ehlers & Associates, Inc. on
Tuesday, October 28, 2003. A representative from Ehlers & Associates, Inc. will
be at the City Council meeting to recommend the successful bidder and review
attached documents, and provide information that is absent from the resolution
and available only after the bidding on the certificates has closed.
• Following Ehlers & Associates, Inc. recommendation it would be appropriate for
the City Council to award the bond sale to the qualified buyer and undertake
other related actions as necessary as delineated in the approving resolution.
The closing on the G.O. Capital Notes is scheduled for November 25, 2003.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City Council approved the call for sale of the G.O. Capital Notes,
Series 20036 at the September 23, 2003 Gity Council meeting.
B. CRITICAL ISSUES
• N/A
C. FINANCIAL
• The Capital Notes will be financed by tax levies in 2004 and 2005.
• The tax levy amounts will be an estimated $386,218 in 2004 and
$386,694 in 2005.
• The Capital Notes are proposed to be sold as non-rated and non-
callable.
• Issuing the Capital Notes at this time will allow the City to take
advantage of low interest rates present in the market.
D. LEGAL
• There are no legal restrictions preventing the issuance of these
Capital Notes at this time.
IV. ALTERNATIVE RECOMMENDATION~S~
• None.
V. ATTACHMENTS
• Resolution calling for the Sale of $710,000 G.O. Capital Notes, Series
20036.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• A representative from, Ehlers & Associates, Inc.
~~, Extract of Minutes of Meeting
of the City Council of the City of
Richfield, Hennepin County, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Richfield, Minnesota, was duly held in the City Hall in said City on Tuesday, October 28,
2003, commencing at 6:30 o'clock P.M.
The following members were present:
and the following were absent:
The Mayor announced that the next order of business was consideration of the proposals
which had been received for the purchase of the City's approximately $710,000 General
Obligation Capital Notes, Series 2003B.
The City Manager presented a tabulation of the proposals that had been received in the
manner specified in the Terms of Proposal for of the Notes. The proposals were as follows:
After due consideration of the proposals, Member then
introduced the following written resolution, the reading of which was dispensed with by
unanimous consent, and moved its adoption:
SJB-238523v1
RC145-512
RESOLUTION NO.
A RESOLUTION AWARDING THE SALE OF $
GENERAL OBLIGATION CAPITAL NOTES, SERIES 20036;
FIXING THEIR FORM AND SPECIFICATIONS;DIRECTING THEIR EXECUTION
AND DELIVERY;AND PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED By the City Council of the City of Richfield, Hennepin County,
Minnesota (City) as follows:
Section 1. Sale of Notes.
1.01. It is hereby determined that:
(a) the City is authorized by Minnesota Statutes, Sections 410.32 and
412.301 (the Act) to issue its general obligation capital notes (Notes) on such
terms and in such manner as the City determines to finance the purchase of
items of capital equipment (Equipment), subject to certain limitations contained in
the Act;
(b) the City has purchased or will purchase various items of
Equipment, which items and the estimated cost thereof, are listed on Exhibit B,
attached hereto and made a part hereof;
(c) as required by the Act,
(i) the expected useful life of each item of Equipment is or will
be at least as long as the term of the Notes; and
(ii) the principal amount of Notes to be issued in the year 2003
will not exceed 0.25 percent of the market value of taxable property in the
City for the year 2003;
(d) it is necessary and expedient for the City to issue its Notes for the
purchase of Equipment and related expenses as shown on Attachment A.
(e) it is necessary and expedient to the sound financial management of
the affairs of the City to issue approximately $710,000 General Obligation Capital
Notes, Series 20036 pursuant to the Act to provide financing for the Equipment.
1.02. The proposal of
(Purchaser} to purchase $ General Obligation Capital Notes, Series
20036 (Notes} of the City described in the Terms of Proposal thereof is found and
determined to be a reasonable offer and is accepted, the proposal being to purchase
the Notes at a price of $ plus accrued interest to date of delivery, for
Notes bearing interest as follows:
Year of Maturity Interest Rate
2005
2006
~~ SJB-238523v1
RC145-512
True interest cost:
1.03. The sum of $ being the amount proposed by the Purchaser
in excess of $705,740 is credited to the Debt Service Fund hereinafter created. The
City Finance Manager is directed to retain the good faith check of the Purchaser,
pending completion of the sale of the Notes, and to return the good faith checks of the
unsuccessful proposers forthwith. The Mayor and City Manager are directed to execute
a contract with the Purchaser on behalf of the City.
1.04. The City will forthwith issue and sell the Notes pursuant to the Act, in the
total principal amount of $ ,originally dated November 25, 2003, in
the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1,
upward, bearing interest as above set forth, and maturing serially on February 1 without
option of prior payment in the years and amounts as follows:
Year Amount
2005
2006
Section 2. Registration and Payment.
2.01. Registered Form. The Notes will be issued only in fully registered form.
The interest thereon and, upon surrender of each Note, the principal amount thereof, is
payable by check or draft issued by the Registrar described herein.
2.02. Dates; Interest Payment Dates. Each Note will be dated as of the last
interest payment date preceding the date of authentication to which interest on the Note
has been paid or made available for payment, unless (i) the date of authentication is an
interest payment date to which interest has been paid or made available for payment, in
which case the Note will be dated as of the date of authentication, or (ii) the date of
authentication is prior to the first interest payment date, in which case the Note will be
dated as of the date of original issue. The interest on the Notes is payable on February
1 and August 1 of each year, commencing August 1, 2004, to the registered owners of
record thereof as of the close of business on the fifteenth day of the immediately
preceding month, whether or not that day is a business day.
2.03. Registration. The City will appoint a bond registrar, transfer agent,
authenticating agent and paying agent (Registrar). The effect of registration and the
rights and duties of the City and the Registrar with respect thereto are as follows:
(a) Re ister. The Registrar must keep at its principal corporate trust
office a bond register in which the Registrar provides for the registration of
ownership of Notes and the registration of .transfers and exchanges of Notes
entitled to be registered, transferred or exchanged.
(b) Transfer of Notes. Upon surrender for transfer of a Note duly
endorsed by the registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the Registrar, duly executed by the
registered owner thereof or by an attorney duly authorized by the registered
owner in writing, the Registrar will authenticate and deliver, in the Warne of the
designated transferee or transferees, one or more new Notes of a like aggregate
S7B-238~23v1
RC 145-5 t 2
~ principal amount and maturity, as requested by the transferor. The Registrar
may, however, close the books for registration of any transfer after the fifteenth
day of the month preceding each interest payment date and until that interest
payment date.
(c) Exchange of Notes. When Notes are surrendered by the registered
owner for exchange the Registrar will authenticate and deliver one or more new
Notes of a like aggregate principal amount and maturity as requested by the
registered owner or the owner's attorney in writing.
(d) Cancellation. Notes surrendered upon transfer or exchange will be
promptly cancelled by the Registrar and thereafter disposed of as directed by the
City.
(e) Improper or Unauthorized Transfer. When a Note is presented to
the Registrar for transfer, the Registrar may refuse to transfer the Note until the
Registrar is satisfied that the endorsement on the Note or separate instrument of
transfer is valid and genuine and that the requested transfer is legally authorized.
The Registrar will incur no liability for the refusal, in good faith, to make transfers
which it, in its judgment, deems improper or unauthorized.
(f) Persons Deemed Owners... The City and the Registrar may treat
the person in whose name a Note is registered. in the. bond register as the
absolute owner of the Note, whether the Note is overdue or not, for the purpose
of receiving payment of, or on account of, the principal of and interest on the
Note and for all other purposes, and payments so made to a registered owner or
upon the owner's order will be valid and effectual to satisfy and discharge the
liability upon the Note to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. The Registrar may impose a charge
upon the owner thereof for a transfer or exchange of Notes sufficient to
reimburse the Registrar for any tax, fee or other governmental charge required to
be paid with respect to the transferor exchange.
(h) Mutilated, Lost, Stolen or Destroyed Notes. If a Note becomes
mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Note of
like amount, number, maturity date and tenor in exchange and substitution for
and upon. cancellation of the mutilated Note or in lieu of and in substitution for
any Note destroyed, stolen or lost, upon the payment of the reasonable
expenses and charges of the Registrar in connection therewith; and, in the case
of a Note destroyed, stolen or lost, upon filing with the Registrar of evidence
satisfactory to it that the Note was destroyed, stolen or lost, and of the ownership
thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in
form, substance and amount satisfactory to it and as provided by law, in which
both the City and the Registrar. must be named as obligees. Notes so
surrendered to the Registrar will be cancelled by the Registrar and evidence of
such cancellation must be given to the City. If the mutilated, destroyed, stolen or
lost Note has already matured or been called for redemption in accordance with
its terms it is not necessary to issue a new Note prior to payment.
2.04. Appointment of Initial Registrar. The City appoints U.S. Bank National
Association,. St. Paul, Minnesota, as the initial Registrar. The Mayor and -the City
SJB-238523v1
RC145-512
~ Manager are authorized to execute and deliver, on behalf of the City, a contract with the
Registrar. Upon merger or consolidation of the Registrar with another corporation, if the
resulting corporation is a bank or trust company authorized by law to conduct the
resulting business, such corporation is authorized to act as successor Registrar. The
City agrees to pay the reasonable and customary charges of the Registrar for the
services performed. The City reserves the right to remove the Registrar upon 30 days'
notice and upon the appointment of a successor Registrar, in which event the
predecessor Registrar must deliver all cash and Notes in its possession to the
successor Registrar and must deliver the bond register to the successor Registrar. On
or before each principal or interest due date, without further order of this Council, the
City Finance Manager must transmit to the Registrar moneys sufficient for the payment
of all principal and interest then due.
2.05. Execution, Authentication and Delivery. The Notes will be prepared under
the direction of the City Manager and executed on behalf of the City by the signatures of
the Mayor and the City Manager, provided that all signatures may be printed, engraved
or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of
whose signature appears on the Notes ceases to be such officer before the delivery of
any Note, that signature or facsimile will nevertheless be valid and sufficient for all
purposes, the same as if the officer had remained in office until delivery.
Notwithstanding such execution, a Note will not be valid or obligatory for any purpose or
entitled to any security or benefit under this Resolution unless and until. a certificate of
authentication on the Note has been- duly executed by the manual signature of an
authorized representative of the Registrar. Certificates of authentication on different
Notes need not be signed by the same representative. The executed certificate of
authentication on a Note is conclusive evidence that it has been authenticated. and
delivered under this Resolution.. When the Notes have been so prepared, executed and
authenticated, the City Manager will deliver the same to the Purchaser upon payment of
the purchase price in accordance with the contract of sale heretofore made and
executed, and the Purchaser is not obligated to see to the application of the purchase
price.
2.06. Temporary Notes. The City may elect to deliver in lieu of printed definitive
Notes one or more typewritten temporary Notes in substantially the form set forth in
Section 3 with such changes as may be necessary to reflect more than one maturity in a
single temporary bond. Upon the execution and delivery of definitive Notes the
temporary Notes will be exchanged therefor and cancelled.
Section 3. Form of Note.
3.01. The Notes will be printed or typewritten in substantially the following form:
SJB-238523vI
RC 145-5 I2
No. R- UNITED STATES OF AMERICA $
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF RICHFIELD
GENERAL OBLIGATION CAPITAL NOTES, SERIES 20036
Date of
Rate Maturity Original Issue
CUSIP
November 1, 2003
Registered Owner: Cede & Co.
The City of Richfield, Minnesota, a duly organized and existing municipal
corporation in Hennepin County, Minnesota (City), acknowledges itself to be indebted
and for value received promises to pay to the Registered Owner specified above or
regis±ered assigns, the principal sum of $ on the maturity date specified
above without option of prior payment, with interest thereon from the date hereof at the
annual rate specified above, payable February 1 and August 1 in each year,
commencing August 1, 2004, to the person in whose name this Note is registered at the
close of business on the fifteenth day (whether or not a business day) of the
immediately preceding month. The interest hereon and, upon presentation and
surrender hereof, the principal hereof are payable in lawful money of the United States
of America by check or draft by U.S. Bank National Association, St. Paul, Minnesota, as
Note Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its
designated successor under the Resolution described herein. For the prompt and full
payment of such ,principal and interest as the same respectively become due, the full
faith and credit and taxing powers of the City have been and are hereby irrevocably
pledged.
The City Council has designated the issue of Notes of which this Note forms a
part as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the
Internal Revenue Code of 1986, as amended (the Code) relating to disallowance of
interest expense for financial institutions and within the $10 million limit allowed by the
Code for the calendar year of issue.
This Note is one of an issue in the aggregate principal amount of $ all
of like original issue date and tenor, except as to number, maturity date, and interest
rate, all issued pursuant to a resolution adopted by the City Council on October 28,
2003 (the Resolution), for the purpose of providing money to defray expenses incurred
or to be incurred in purchasing various items of capital equipment, pursuant to and in
full conformity with the home rule charter of the City and the Constitution and laws of the
State of Minnesota, including Minnesota Statutes, Sections 410.32 and 412.301 and the
principal hereof and interest hereon are payable primarily from ad valorem taxes, as set
forth in the Resolution to which reference is made for a full statement of rights and
powers thereby conferred. The full faith-and credit of the City are irrevocably pledged
for payment of this Note and the City Council has obligated itself to levy additional ad
valorem taxes on all taxable property in the City in the event of any deficiency, which
taxes may be levied without limitation as to rate or amount. The Notes of this series are
SJB-238523v1
RC 145-5 l2
,--~ issued only as fully registered Notes in denominations of $5,000 or any integral multiple
thereof of single maturities.
As provided in the Resolution and subject to certain limitations set forth therein,
this Note is transferable upon the books of the City at the principal office of the Note
Registrar, by the registered owner hereof in person or by the owner's attorney duly
authorized in writing, upon surrender hereof together with a written instrument of
transfer satisfactory to the Note Registrar, duly executed by the registered owner or the
owner's attorney; and may also be surrendered in exchange for Notes of other
authorized denominations. Upon such transfer or exchange the City will cause a new
Note or Notes to be issued in the name of the transferee or registered owner, of the
same aggregate principal amount, bearing interest at the-same rate and maturing on the
same date, subject to reimbursement for any tax, fee or governmental charge required
to be paid with respect to such transfer or exchange.
The City and the Note Registrar may deem and treat the person in whose name
this Note is registered as the absolute owner hereof, whether this Note is overdue or
not, for the purpose of receiving payment and for all other purposes, and neither the
City nor the Note Registrar will be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all
acts, conditions and things required by the home rule charter of .the City and the
Constitution and laws of the State of Minnesota to be done, to exist, to happen and to
be performed preliminary to and in the issuance of this Note in order to make it a valid
and binding general obligation of the City in accordance with its terms, have been done,
do exist, have happened and have been performed as so required, and that the
~. issuance of this Note does not cause the indebtedness of the City to exceed any
constitutional, statutory or charter limitation of indebtedness.
This Note is not valid or obligatory for any purpose or entitled to any security or
benefit under the Resolution until the Certificate of Authentication hereon has been
executed by the Note Registrar by manual signature of one of its authorized
representatives.
IN WITNESS WHEREOF, the City of Richfield, Hennepin County, Minnesota, by
its City Council, has caused this Note to be executed on its behalf by the facsimile or
manual signatures of the Mayor and City Manager and has caused this Note to be
dated as of the date set forth below.
Dated:
(facsimile)
City Manager
CITY OF RICHFIELD, MINNESOTA
(facsimile)
Mayor
SJB-238523v1
RC145-512
%r ~~
CERTIFICATE OF AUTHENTICATION
This is one of the Notes delivered pursuant to the Resolution mentioned within.
U.S. BANK NATIONAL ASSOCIATION
By
Authorized Representative
The following abbreviations, when used in the inscription on the face of this Note,
will be construed as though they were written out in full according to applicable laws or
regulations:
TEN COM -- as tenants UNIF GIFT MIN ACT Custodian
in common (Gust) (Minor)
TEN ENT -- as tenants
by entireties under Uniform Gifts or
Transfers to Minors
JT TEN -- as joint tenants with
right of survivorship and Act ......................
not as tenants in common (State)
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within: Note and all rights
thereunder, and does hereby irrevocably constitute and appoint
attorney to transfer the said Note on the books kept for
registration of the within Note, with full power of substitution in the premises.
Dated:
Notice: The assignor's signature to this assignment must correspond
with the name as it appears upon the face of the within Note in
every particular, without alteration or any change whatever.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of
the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange
Medallion. Program ("SEMP"), the New York Stock Exchange,. Inc. Medallion Signatures
Program ("MSP") or other such "signature guarantee program" as .may be determined
SJB-238523v1
RC145-512
;---~ by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in
accordance with the Securities Exchange Act of 1934, as amended.
The Note Registrar will not effect transfer of this Note unless the information
concerning the assignee requested below is provided.
Name and Address:
(Include information for all joint owners if
this Note is held by joint account.)
Please insert social security or other identifying number of assignee
PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been
registered on the books of the Registrar in the name of the person last noted below.
Signature of
Date of Registration Registered Owner Officer of Registrar
Cede & Co.
Federal ID #13-2555119
3.02. The City Manager is authorized and directed to obtain a copy of the
proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis,
Minnesota, which is to be complete except as to dating thereof and to cause the opinion
to be printed on or accompany each Note.
Section 4. Payment: Security: Pledges and Covenants.
4.01. The Notes will be payable from the General Obligation Capital Notes,
Series 20036 Debt Service Fund (Debt Service Fund) hereby created, and the
proceeds of the ad valorem taxes hereinafter levied are pledged to the Debt Service
Fund. If a payment of principal or interest on the Notes becomes due when- there is not
sufficient money in the Debt Service Fund to pay the same, the City Finance Manager
will pay such principal or interest from the general fund of the City, and the general fund
may be reimbursed for those advances out of the proceeds of the taxes levied by this
resolution when collected. There is appropriated to the Debt. Service Fund (i} all
capitalized interest financed from Note proceeds, if any, (ii) any amount over the
minimum purchase price of the Notes paid by the Purchaser, and (iii} the accrued
interest paid by the Purchaser upon closing and delivery of the Notes.
/ SJB-238523v1
RC 145-512
--~ 4.02. For the purpose of paying the principal of and interest on the Notes, there
is levied a direct annual irrepealable ad valorem tax upon all of the taxable property in
the City, to be spread upon the tax rolls and collected with and as part of other general
taxes of the City. The tax will be credited to the Debt Service Fund above provided and
is in the years and amounts as follows (year stated being year of levy for collection the
following year):
YEAR LEVY YEAR LEVY
(See Attachment B)
4.03. It is determined that the estimated collection of the foregoing taxes will
produce at least five percent in excess of the amount needed to meet when due, the
principal and interest payments on the Notes. The tax levy herein provided is
irrepealable until all of the Notes are paid, provided that at the time the City makes its
annual tax levies, the City Manager may certify to the County Auditor of Hennepin
County the amount available in the Debt Service Fund to pay principal and interest due
during the ensuing year, and the Taxpayer Services Division Manager will thereupon
reduce the levy collectible during that year by the amount so certified.
4.04. The City Clerk is authorized and directed to file a certified copy of this
resolution with the Taxpayer Services Division Manager and to obtain the certificate
required by Minnesota Statutes, Section 475.63.
Section 5. Authentication of Transcript.
-- 5.01. The officers of the City are authorized and directed to prepare and furnish
to the Purchaser and to the attorneys approving the Notes, certified copies of
proceedings and records of the City relating to the Notes and to the financial condition
and affairs of the City, and such other certificates, affidavits and transcripts as may be
required to show the facts within their knowledge or as shown by the books and records
in their custody and under their control, relating to the validity and marketability of the
Notes, and such instruments, including .any heretofore furnished, will be deemed
representations of the City as to the facts stated therein.
5.02. The Mayor, City Manager and Finance Manager are authorized and
directed to certify that they have examined the Official Statement prepared and
circulated in connection with the issuance and sale of the Notes and that to the best of
their knowledge and belief the Official Statement is a complete and accurate
representation of the facts and representations made therein as of the date of the
Official Statement.
5.03. The City authorizes the Purchaser to forward the amount of Bond
proceeds allocable to the payment of issuance expenses (other than amounts payable
to Kennedy & Graven, Chartered as Bond Counsel) to U.S. Trust Company,
Minneapolis, Minnesota on the closing date for further distribution as directed by the
City's financial adviser, Ehlers & Associates, Inc.
Section 6. Tax Covenant.
6.01. The City covenants and agrees with the holders from time to time of the
Notes that it will not take or permit to be taken by any of its officers, employees or
SJB-238523v1
RC 145-512
,.-~~ agents any action which would cause the interest on the Notes to become subject to
taxation under the Internal Revenue Code of 1986, as amended (the Code), and the
Treasury Regulations promulgated thereunder, in effect at the time of such actions, and
that it will take or cause its officers, employees or agents to take, all affirmative action
within its power that may be necessary to ensure that such interest will not become
subject to taxation under the Code and applicable Treasury Regulations, as presently
existing or as hereafter amended and made applicable to the Notes.
6.02. (a) The City will comply with requirements necessary under the Code to
establish and maintain the exclusion from gross income of the interest on the Notes
under Section 103 of the Code, including without limitation requirements relating to
temporary periods for investments, limitations on amounts invested at a yield greater
than the yield on the Notes, and the rebate of excess investment earnings to the United
States if the Notes (together with other obligations reasonably expected to be issued in
calendar year 2003) exceed the small-issuer exception amount of $5,000,000.
(b) For purposes of qualifying for the small issuer exception to the federal
arbitrage rebate requirements, the City finds, determines and declares that the
aggregate face amount of all tax-exempt bonds (other than private activity bonds)
issued by the City (and all subordinate entities of the City) during the calendar year in
which the Notes are issued and outstanding at one time. is not reasonably expected to
exceed $5,000,000, all within the meaning of Section 148(f)(4)(C) of the Code.
6.03. The City further covenants not to use the proceeds of the Notes or to
cause or permit them or any of them to be used, in such a manner as to cause the
Notes to be "private activity bonds" within the meaning of Sections 103 and 141 through
150 of the Code.
6.04. In order to qualify the Notes as "qualified tax-exempt obligations" within the
meaning of Section 265(b)(3) of the Code, the City makes the following factual
statements and representations:
(a) the Notes are not "private activity bonds" as defined in Section 141
of the Code;
(b) the City designates the Notes as "qualified tax-exempt obligations"
for purposes of Section 265(b)(3) of the Code;
(c) the reasonably anticipated amount of tax-exempt obligations (other
than private activity bonds that are not qualified 501(c)(3) bonds) which will be
issued by the City (and all subordinate entities of the City) during calendar year
2003 will not exceed $10,000,000; and
(d) not- more than $10,000,000 of obligations issued by the City during
calendar year 2003 have been designated for purposes of Section 265(b)(3} of
the Code.
6.05. The City will use its best efforts to comply with any federal procedural
requirements which may apply in order to effectuate the designations made by this
section.
Section 7. Book-Entry System; Limited Obligation of City.
SJB-238523v1
RC 145-512
/ ~ 7.01. The Notes will be initially issued in the form of a separate single
typewritten or printed fully registered Note for each of the maturities set forth in Section
1.03 hereof. Upon initial issuance, the ownership of each Note will be registered in the
registration books kept by the Note Registrar in the name of Cede & Co., as nominee
for The Depository Trust Company, New York, New York, and its successors and
assigns (DTC). Except as provided in this section, all of the outstanding Notes will be
registered in the registration books kept by the Note Registrar in the name of Cede &
Co., as nominee of DTC.
7.02. With respect to Notes registered in the registration books kept by the Note
Registrar in the name of Cede & Co.; as nominee of Dl"C; the City, the Note Registrar
and the Paying Agent will have no responsibility or obligation to any broker dealers,
banks and other financial institutions from time to time for which DTC holds Notes as
securities depository (Participants) or to any other person on behalf of which a
Participant holds an interest in the Notes, .including but not limited to any responsibility
or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any
Participant with respect to any ownership interest in the Notes, (ii) the delivery to any
Participant or any other person (other than a registered owner of Notes, as shown by
the registration books kept by the Note Registrar,) of any notice with respect to the
Notes, including any notice of redemption, or (iii) the payment to any Participant or any
other person, other than a registered owner of Notes, of any. amount with respect to
principal of, premium, if any, or interest on the Notes. The City, the Note Registrar and
the Paying Agent may treat and consider the person in whose. name each Note is
registered in the registration books kept by the Note Registrar as the holder and
absolute owner of such Note for the purpose of payment of principal, premium and
interest with respect to such Note, for the purpose of registering transfers with respect
to such Notes, and for all other purposes. The Paying Agent will pay all principal of,
premium, if any, and interest on the Notes only to or on the order of the respective
registered owners, as shown in the registration books kept by the Note Registrar, and
all such payments will be valid and effectual to fully satisfy and discharge the City's
obligations with respect to payment of principal of, premium,. if any, or interest on the
Notes to the extent of the sum or sums so paid. No person other than a registered
owner of Notes, as shown in the registration books kept by the Note Registrar, will
receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by
DTC to the City Manager of a written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to
such new nominee of DTC; and upon receipt of such a notice, the City Manager will
promptly deliver a copy of the same to the Bond Registrar and Paying Agent.
7.03. Representation Letter. The City has heretofore executed- and delivered to
DTC a Blanket. Issuer Letter of Representations (Representation Letter) which shall
govern payment of principal of, premium, if any, and interest on the Bonds and notices
with respect to the Bonds. Any Paying Agent or Note Registrar subsequently appointed
by the City with respect to the Bonds will agree to take all action necessary for all
representations of the City in the Representation letter with respect to the Note
Registrar and Paying Agent, respectively, to be complied with at all times.
7.04. Transfers Outside Book-Entry System. In the event the City, by resolution
of the City Council, determines that it is in the best interests of the persons having
beneficial interests in the Notes that they be able to obtain Note certificates, the City will
notify DTC, whereupon DTC will notify the Participants, of the availability through DTC
SJB-238523v1
RC 145-512
~-~ of Note certificates. In such event the City will issue, transfer and exchange Note
certificates as requested by DTC and any other registered owners in accordance with
the provisions of this Resolution. DTC may determine to discontinue providing its
services with respect to the Notes at any time by giving notice to the City and
discharging its responsibilities with respect thereto under applicable law. In such event,
if no successor securities depository is appointed, the City will issue and the Note
Registrar will authenticate Note certificates in accordance with this resolution and the
provisions hereof will apply to the transfer, exchange and method of payment thereof.
7.05. Payments to Cede & Co. Notwithstanding any other provision of this
Resolution to the contrary, so long as a Note is registered in the name of Cede & Co.,
as nominee of DTC, payments with respect to principal of, premium, if any, and interest
on the Note and all notices with respect to the Note will be made and given, respectively
in the manner provided in DTC's Operational Arrangements, as set forth in the
Representation Letter.
Section 8. Continuing Disclosure.
8.01. The City hereby covenants and agrees that it will comply with and carry out
all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other
provision of this Resolution, failure of the City to comply with the Continuing Disclosure
Certificate is not to be considered an .event of default with respect to the Bonds;
however, any Bondholder may take such actions as may be necessary and appropriate,
including seeking mandate or specific performance by court order, to cause the. City to
comply with its obligations under this section.
,~~ 8.02. "Continuing Disclosure Certificate" means that certain Continuing
Disclosure Certificate executed by the Mayor and City Manager and dated the date of
issuance and delivery of the Bonds, as originally executed and as it may be amended
from time to time in accordance with the terms thereof.
Adopted by the City Council of the City of Richfield, Minnesota this 28th
day of October, 2003.
ATTEST:
Martin J. Kirsch, Mayor
Nancy Gibbs, City Clerk
SJB-238523vC
RC145-5I2
~~ ATTACHMENT A
Capital Equipment
Discount Allowance
Costs of Issuance
Contingency
Total
See attached for detail
$688,300
4,260
16, 000
1,440
$710, 000
SJB-238523v1
RC145-512
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ATTACHMENT B
TAX LEVY
SJB-238523v1
RC 145-512
AGENDA SECTION:
AGENDA ITEM #
~,
REPORT #
STAFF REPORT
CITY COITNCIL MEETING
OCTOBER 28, 2003
PUBLIC HEARING
7
243
REPORT PREPARED BY: BRUCE SYLVESTER,
ZONING ADMINISTRATOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR REVIEW:
SIGNATURE
REVIEWED BY CITY MANAGER: ~ ~ ~~
ITEM FOR COl~LC~CONSIDERATION:
Consideration of the attached resolution regarding a request for a conditional use permit to
allow motorcycle, snowmobile, and small engine repair and limited sales at 6525 Penn
Avenue.
I. RECOMMENDED ACTION:
Conduct and close a public hearing and by motion: Approve the
attached resolution in total or revised authorizing a conditional use
permit to allow motorcycle, snowmobile, and small engine repairs
and limited sales at 6525 Penn Avenue, with those conditions listed
under the Stipulations For Approval in the Legal section of this
report.
III. BACKGROUND
This item has been forwarded to the City Council from the Planning Commission.
Mr. Kyle Knutson is requesting a conditional use permit (CUP) to allow motorcycle,
snowmobile, and small engine repair and limited sales at 6525 Penn Avenue. Mr.
Knutson operated his own one-person motorcycle repair business, 2-K Motorsports,
on the west side of the 7600 block of Lyndale Avenue until August 2003, when the
Kensington Place redevelopment project dislocated him. Mr. Knutson repairs a
limited number of motorcycles, snowmobiles, or small engines at a time and is
102803-CUP-6525Penn. doc
looking for a location to continue operating his repair business. Mr. Knutson has not
n sold motorcycles, snowmobiles, or small engines previously, but during the
application process, he indicated that in addition to repair work, he would like to be
able to conduct a limited amount of sales. Therefore, this request is to allow both
the repair and sale of motorcycles, snowmobiles, and small engines at 6525 Penn
Avenue.
6525 Penn Avenue is zoned `I' Industrial. The front portion of the building on the
property is currently occupied by the Canine College. The rear of the building,
approximately 1,250 sq. ft., is a large warehouse space with a vehicle service door
(see attached pictures) and is currently unoccupied.
During the public hearing at the Planning Commission-meeting on September 22,
2003, a neighbor who resides at 6526 Oliver Avenue presented concerns about the
proposed business, particularly the possibility of noise impacting nearby neighbors
on Oliver Avenue. In response to the concerns raised by this resident, the Planning
Commission recommended limiting the hours of operation for this business to
between 9 a.m. and 8 p.m., Monday through Saturday and from noon to 6 p.m. on
Sunday.
The Planning Commission also discussed whether or not a fence should be
required along the rear property line of 6525 Penn Avenue to provide a buffer
between this proposed business and the adjoining residential property. After
agreeing upon the limits on the hours of operation, and after considering other
matters such as pedestrian access between Oliver Avenue and Penn Avenue, the
Planning Commission agreed to not require a fence along the rear property line.
The Planning Commission's other recommended stipulations of approval for this
requested CUP are listed under the Legal section of this report and are also
included in the attached resolution.
III. BASIS OF RECOMMENDATION
A. POLICY
Motorcycle, snowmobile, and small engine repair businesses are classified as
`public mechanical garages' in Richfield, and such businesses are conditional uses
in the `I' district. The sale of motor vehicles is also a conditional use in the `I'
district. The findings necessary to issue a CUP (546.05, subd.6) are as follows:
a) The proposed use is consistent with the goals, policies, and objectives of the
City's Comprehensive Plan. This requirement is met. The Comprehensive
Plan calls for `Regional Commercial' at this location, which is consistent with
a repair and sales business that would serve the surrounding area.
b) The proposed use is consistent with any officially adopted redevelopment
p/ans or urban design guidelines. This requirement is met. The Penn
Avenue and Sixty Sixth Street redevelopment plan covers this property, and
provides design guideline standards for items such as landscaping, signage,
and public amenities. The proposed use will not impact the appearance of
Penn Avenue. The applicant will only install wall signs on the building and
will not install any signs along Penn Avenue.
~ c) The proposed use is or will be in compliance with the performance
~ _; ~ standards specified in Section 541 of this code. This requirement is met.
The site and proposed use have been reviewed by city staff and meet the
performance standards specified in Section 541.
d) The proposed use will not have undue adverse impacts on governmental
~ facilities, utilities, services, or existing or proposed improvements. This
requirement is met.
e) The use will not have undue adverse impacts on the public health, safety, or
welfare. This requirement is met. The primary concerns associated with
public mechanical garages is noise and odors. These concerns are
addressed below through restrictions on hours of operation.
f) There is a public need for such use at the proposed location. The proposed
use as a public mechanical garage and motor vehicle sales will provide a
needed community service.
g) The proposed use meets or will meet all the specific conditions set by this
code for the granting of such conditional use permit. This requirement is
met. The zoning code specifies seven requirements which must be met for a
public mechanical garage and eight requirements for the sale of motor
vehicles. The current request meets all but one of these requirements, as
explained below.
"Public Mechanical Garages" are a conditional use in the `I' district, as specified in
Section 531.07, Subdivision 3 and 526.27, Subdivision 16 of the zoning code.
This section of the zoning code specifies seven requirements for a CUP to be
issued for a motorcycle repair business. The proposed motorcycle, snowmobile,
and small engine repair business meets all seven of these requirements:
1. The first requirement only applies to properties that abut parcels that
~-~ are zoned `R' or `R-1'. The proposed site in question does not abut any
parcels that are zoned R or R-1, and so this requirement is not relevant
to the current request. However, the proposed site does abut
residential apartment buildings that are zoned `MR-2' or `medium
density multi-family'. The Planning Commission has recommended
limiting the hours of operation for the proposed business to respect the
proximity of residents along Oliver Avenue. The distance between the
property in question and the first apartment unit is approximately 25
feet -the Penn Ave. building is 15 feet from its rear property line and
the apartment building is 10 feet from its property line.
2. The use site shall not be located within 300 feet of a school, church, or
hospital. This requirement is met.
3. A buffer yard of ten feet is required on all sides to separate all aspects
of such use from abutting parcels. This requirement is met. The
proposed use will be located inside the rear portion of the building. A
15 foot rear yard exists between the building and the south and east
property lines. A 35 foot yard exists between the building and the north
property line. The land use to the north is an automobile parts store,
while the land use to the south is a used automobile sales lot. -The
land use to the east is apartment buildings. The Planning Commission
has. recommended as a stipulation for approval that these yard areas
be maintained free of any vehicles or stored items.
4. Vehicles, which are inoperable, shall not be stored on the premise. The
applicant states that this condition will be met.
5. Parking of vehicles in the public right-of--way shall be prohibited. The
applicant states that this condition will be met.
6. The sixth requirement limits the hours of operation if the site is not on a
,.~ County road or State highway. Penn Avenue is a County road, and so
this requirement does not apply. However, the Planning Commission
has recommended that the hours of operation be limited given the
proximity of apartment buildings to the east.
7. All repair work must occur within an enclosed building. The applicant
states that this requirement will be met.
"Vehicle Sales" are also conditional uses in the `I' district, as specified in section
531.07, Subdivision 3 and 526.27, Subdivision 11. This section of the zoning code
specifies eight requirements for a CUP to be issued for vehicle sales. The
.proposed sale of motor-cycles meets seven of these-eight-requirements, as
explained below:
The business must receive a City license. This requirement will be
maintained before any motorcycles or snowmobiles can be sold at this
location.
2. The use shall not abut a property that is `R' or `R-1'. Again, the
proximity of apartments is addressed through limitations on the hours
of operation and requiring that all work be conducted inside an
enclosed building.
3. A buffer yard of 15 feet is required. This requirement is met.
4. Landscaping for the site must meet City requirements. This
requirement is not met. City rules and the Penn Avenue Sixty-Six
Street (PASSS) document require significant landscaping for
commercial properties. The site is currently covered 100 percent by
buildings and paved surfaces. There are planter and flower boxes that
are currently maintained in the front of the building.
5. Inoperable vehicles shall not be stored on the premises. The applicant
states that this requirement will be met.
6. Parking of vehicles in the right-of--way is prohibited. The applicant
states that this requirement will be met.
7. All repair and servicing of vehicles must be done within an enclosed
building. The applicant states that this requirement will be met.
8. Any exterior speaker phones shall comply with noise ordinance
requirements. This requirement is met because such speakers shall be
prohibited as a stipulation for approval.
B. CRITICAL ISSUES
• Incompatible land uses. There have been notable incidences in the past
where incompatible land uses have become problematic for both
business and residential owner or tenant. Problems in the Interchange
West area are perhaps the best known. The conditions placed on the
business use will be critical to the success of the two uses being in such
close proximity to another.
• Parking. While it appears that the site provides adequate parking for the
proposed use and the current dog obedience school, the number of
employees allowed for the business (3) together with customers of both
businesses and the other owner may, in fact, push that envelope. Eight
cars can be parked on the site while still maintaining the required buffer
yard areas. The applicant operates aone-person repair business that
does not have employees at this time, but is allowed a total of three and
has stated that he has limited customer traffic. Staff has attempted to
contact the owner of the Canine College to better determine her average
daily clientele numbers but have not been successful to date at reaching
her. Hopefully, by the meeting, better numbers will be available.
It is important that the stipulations clarify that the number of employees
allowed by the Planning Commission's action is three (3) and that number
includes the owner.
• Proximity to Neighbors. -Due to the proximity-of apartment buildings to the
east, the Planning Commission is recommending that hours of operation
be limited to between 9 a.m. and 8 p.m. Mondays through Saturdays and
noon to 6 p.m. on Sundays.
• Signage. The applicant has stated that he will only install a wall sign on
the building and will not install any signage along Penn Avenue.
• "Public mechanical garage" and "auto sales lot" are general terms applied
to any type of motorized vehicle business. The site in question would
NOT be suitable for repair or service of automobiles, and so the
conditional use permit includes a stipulation that automobiles cannot be
sold or serviced at this location.
• There is no designated alley or roadway between the buildings. However,
- the space at issue does have a garage door and concrete pad with
improved surface surrounding the building and the area has been used as
a driveway area to reach the back of the building. Consequently, cars and
other vehicles may use this area to access the business.
• It is important to note that no restrictions have been placed on the number
of vehicles that can be stored on the site. This may or may not become
problematic in the future and may be a point for discussion by the City
Council.
• There is no provision which prohibits engine start ups in the rear yard
area of the building and there is no provision which prohibits test driving
from the rear of the building. This may be an issue the Council may wish
to discuss.
C. FINANCIAL
• N/A
D. LEGAL
• 60-DAY RULE: The 60 day clock `started' when a complete application was
received on September 3rd, 2003. A decision must be given to the applicant by
November 1S; 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.
;.~, Zoning: `I', Industrial
Land Use: Current: Dog obedience school in front.
Vacant in rear.
Proposed: Public mechanical garage and sales
for motorcycles, snowmobiles and
small engines in the rear.
Comprehensive Plan: Regional Commercial
Notification: Neighbors and property-owners within 350 feet
Other Actions:
Planning Commission: Planning. Commission Public Hearing was held on
_-September 22"tl, 2003.
HRA: N/A
Hearing Examiner: N/A.
Stipulations of Approval:
1. The recipient of this CUP must record the resolution granting the permit
with the County, pursuant to Minnesota Statutes Section 462.27
subdivision 1 and Richfield Zoning Code 546.05, Subdivision 7.
2. Automobile repair, sales, or servicing is strictly prohibited at this location.
3. No more than three employees shall be allowed at this location for
motorcycle repairs or sales without an amendment to this CUP.
4. Hours of operation shall be limited to between 9 a.m. and 8 p.m. on
,~ Mondays through Saturdays and Noon to 6 p.m. on Sundays.
5. Prior to the sale of any motorcycles, snowmobiles, or small engines, the
business shall receive a license under Section 1160 of the City Code.
Any required state licenses shall also be obtained and maintained prior
to the sale of any motorcycles.
6. Yard areas must be maintained free of materials, storage, and vehicles.
7. Exterior speakers shall be prohibited.
8. Only wall signs mounted on the building will be allowed, with an approved
sign permit.
ALTERNATIVE KECOMMENDATION(S~
• Deny the requested CUP to allow motorcycle, snowmobile, and small engine
repairs and sales at 6525 Penn Avenue.
~ V . ATTACHMENTS
• Resolution
• September 22, 2003 Planning Commission minutes
• Site Plan
• Pictures
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Mr. Kyle Knutson, applicant and owner of 2-K Motorsports.
RESOLUTION NO.
,-~
RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR
MOTORCYCLE, SNOWMOBILE, AND SMALL ENGINE REPAIR AND SALES AT
6525 PENN AVENUE SOUTH
WHEREAS, an application has been filed with the City of Richfield which requests
approval of a `public mechanical garage' and `vehicle sales' conditional use permit to allow
motorcycle, snowmobile, and small engine repair and limited sales on land generally
located at 6525 Penn Avenue South, legally described as:
The west 1/8 of that part of the north 3/ of the southwest'/ of the northwest % lying
south of the north 876.8 feet thereof excluding highway.
WHEREAS, the Planning Commission of the City of Richfield has recommended
approval of this requested conditional use permit at 6525 Penn Avenue at its September
22, 2003 meeting, and
WHEREAS, this requested conditional use permit at 6525 Penn Avenue meets
those requirements necessary for issuing a conditional use permit as specified in
Richfield's Zoning Code, section 546.05, subd.6, except as specified in Staff Report No.
243, and
WHEREAS, the City has fully considered the request for approval of the conditional use
permit.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. A conditional use permit is issued for motorcycle, snowmobile, and small engine
repair and limited sales, as described in Staff Report No. 243, on the subject
property legally described above.
2. This conditional use permit at 6525 Penn Avenue is subject to the following
conditions in addition to those specified in Sections 526.27 Subdivisions 11 and
16 of the City's zoning code:
A) That the recipient of this conditional use permit record this resolution with
the County, pursuant to Minnesota Statutes Section 462.36, Subdivision 1
and Richfield Zoning Code 546.05, Subdivision 7.
B) That automobile repair, sales, or servicing is strictly prohibited at this
location.
C) That no more than three employees, including the owner, are allowed at
this location for motorcycle, snowmobile, and small engine repairs or
sales without an amendment to this conditional use permit.
D) That the hours of operation shall be limited to between 9:00 a.m. and 8:00
p.m. Mondays through Saturdays and noon to 6:00 p.m. Sunday.
E) That prior to the sale of any motorcycles, snowmobiles, or small engines,
the business shall receive a license under Section 1160 of the City Code.
Any required state licenses shall also be obtained and maintained prior to
~--, the sale of any motorcycles.
F) That yard areas must be maintained free of materials, storage, and
vehicles.
G) That exterior speakers shall be prohibited.
H) That only wall signs mounted on the building will be allowed, with an
approved sign permit.
The City Council may wish to also consider additional conditions:
I) That no test driving of motorcycles are allowed on the premises or in the
areas between adjacent properties-
J) That no engine testing or equipment or machinery performance testing is
permitted outside the building.
The Planning Commission considered the cost of a fence between the properties to be too
burdensome for a small business and acted to restrict the hours of operation as a
protection to the housing units 25 feet away. However, the Council can, if so inclined,
address the issue of a fence during its review.
3. The conditional use permit shall remain in effect for so long as conditions
regulating it are observed, and the conditional use permit shall expire if normal
operation of the use has been discontinued for 12 or more months, as required
by the Zoning Ordinance, Section 546.05, Subd. 9
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of
October, 2003.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
.e.~ ~~ Planning Commission
Minutes
Regular Meeting
September 22nd, 2003
MEMBERS PRESENT: Commissioners: David Gepner, Jeff Karr, Donna
Drummond, Gordon Hanson, Kyle Hartnett, Mark
Tolvstad, John Bjostad, and Bill Kilian
MEMBERS ABSENT: Commissioners: Jeff Walz
COUNCIL LIAISON: Martin Kirsch, Mayor
STAFF PRESENT: Bruce Sylvester, Zoning Administrator;
Chris Regis, Finance Department
OTHERS PRESENT: Mr. Kyle Knutson, 2-K Motorsports; Mr. Bruce Bale,
resident
'~, Chairperson Gepner called the meeting to order at 7:00 p.m.
APPROVAL OF MINUTES
M/Gepner, S/Tolvstad to approve the Planning Commission Study Session minutes for
April 14, 2003.
Motion carried: 8-0
M/Kilian, S/Drummond to approve the Planning Commission minutes for May 28,
2003.
Motion carried: 8-0
PUBLIC HEARINGS
Chairperson Gepner stated that anyone in the audience could address the Planning
Commission about items that are not on the agenda. No one spoke.
ITEM #1 03-CUP-03 Conditional use permit to allow motorcycle repair
and limited sales at 6525 Penn Avenue.
Bruce Sylvester presented the staff report and staff suggestions for stipulations of
approval for the requested conditional use permit, including limits on the hours of
operation, requiring a screening fence, and limiting the number of employees that would
be allowed at the business. Commissioner Bjostad stated that the stipulations suggested
by staff were too restrictive, particularly the requirement for a fence, the limits on the
business hours, and the limits on the number of allowed employees. Mr. Kyle Knutsorr-
applicant-introduced himself and explained the nature of his business, stating that he
operated cone-person motorcycle repair business in the east side of the 7600 block of
Lyndale until he was dislocated from that location by the Kensington Place
redevelopment project. Mr. Bruce Bale, resident at 6526 Oliver, introduced himself
and expressed concerns about noise from the proposed business. The Planning
Commission discussed whether or not a screening fence should be required; what
landscaping should be required; what the hours of operation should be; how many
employees should be allowed; whether snowmobiles and small engines should be
included in the permit, and other matters.
M/Bjostad, S/Tolvstad to close the public hearing.
Motion carried: 8-0
M/Kilian, S/Hartnett to approve the requested conditional use permit with the following
stipulations for approval: to allow snowmobiles and small engines to be repaired and sold
in addition to motorcycles; to maintain the restriction that automobiles not be repaired or
sold on the property; to not require a screening fence along the rear property line; to
allow up to 3 employees; to limit hours of operation to between 9 a.m. and 8 p.m.
Mondays through Saturdays and noon to 6 p.m. on Sundays; to not limit the number of
motorcycles, snowmobiles, or small engines that can be for-sale on the property at any
time; to maintain the requirement that any necessary licenses be obtained prior to selling
any vehicles; to maintain the requirement that the yard areas be maintained free of any
vehicles or stored items; and to maintain the prohibition against speaker phones and
signage other than wall signs.
Motion carried: 8-0
ITEM #2 Review of the 2004 Capital Improvement Budget and 2005-
2009 Capital Improvement Program
Chris Regis presented the City Manager's Final Draft of the 2004 Capital Improvement
Budget and 2005-2009 Capital Improvement Program, noting that there were no changes
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CONDITIONAL USE PERMIT -MOTORCYCLE SALES AND REPAIR
6525 PENN AVENUE SEPTEMBER 2003
ZONING OF PROPERTIES WITHIN 350 FEET
ZONING SYMBOLS
C-2 =GENERAL COMMERCIAL
I =INDUSTRIAL
R =SINGLE FAMILY RESIDENTIAL
MR-2 = MULTI FAMILY RESIDENTIAL --MEDIUM DENSITY
100 0 100 200 300 400 Feet
9-10-03
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CONDITIONAL USE PERMIT -MOTORCYCLE SALES AND REPAIR
6525 PENN AVENUE SEPTEMBER 2003
LAND USES OF PROPERTIES WITHIN 350 FEET
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LAND USE SYMBOLS
COM =COMMERCIAL
APT =APARTMENT BUILDING
DPLX =TWO FAMILY RESIDENTIAL
RES =SINGLE FAMILY RESIDENTIAL
100 0 100 200 300 400 Feet
9-10-03 (~j
Standing in northwest corner of 6525 Penn and facing southeast.
Standing in northeast corner of 6525 Penn and looking southwest.
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Standing in northeast corner of 6525 Penn Avenue and looking south.
Standing in northeast corner of 6525 Penn Avenue and looking south.
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AGENDA SECTION:
~ AGENDA ITEM #
REPORT #
STAFF REPORT
CITY COUNCIL MEETING
OCTOBER 28, 2003
Consent
5D
242
REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE
SUPPORT SERVICES MANAGER
NAME, T/TLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR REVIEW:
SIGNATURE
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the request for the renewal of amulti-animal residential kennel license for Jay
and Karin Anderson, 6654 Newton Avenue South.
I. RECOMMENDED ACTION:
By Motion: Approve the request for the renewal of amulti-animal
residential kennel license for Jay and Karin Anderson, 6654 Newton
Avenue South.
III. BACKGROUND
On August 26, 2003, Jay and Karin Anderson submitted an application for the
renewal of amulti-animal residential kennel license. They own three dogs and two
cats. Jay and Karin Anderson's application contains the signatures of contiguous
property owners.
A Community Service Officer conducted an inspection of the property on September
2, 2003. He noticed a minor smell of feces in the house and in the backyard. No
other apparent problems at this time.
There were no police reports on or contacts with this address in the past year.
1028 Anderson Renewal Multi Animal Kennel
After notifying the neighbors of the request for amulti-animal residential kennel
~ license, the Environmental Health staff received one signed letter and one unsigned
comment regarding the maintenance of the property (See attached). Prior to
~' receiving these two letters, the Environmental Health staff had no contacts at this
address. The letters state that the property is not being properly maintained. The
concern is that if they are allowed to have more animals, then even less attention
will be paid to property maintenance.
A Community Service Officer inspected the property and left an Environmental
Health Violation notice to remove debris and cut the grass. On October 17, 2003, a
Community Service Officer inspected the property again and observed that the
grass had been cut and debris removed. The CSO stated that the property is
starting to look run down; however, it was felt there weren't.any.violations that could
be enforced at this time. There is some peeling paint (less than 20%), an area
where the soffit is starting to rot, and the fence is leaning slightly. Environmental
Health staff will keep an eye on this property.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City has adopted a policy that staff notifies neighbors surrounding
the area of the residential kennel license. Environmental Health Staff
received two letters. (Letters attached).
• Although this application is for three dogs and two cats, it does not
exceed the maximum number of six animals that was approved by
Council as policy on July 22, 1991.
~ B. CRITICAL ISSUES
• Residence must be maintained at an acceptable level to pass
inspection by Environmental Health staff.
C. FINANCIAL
• N/A
D. LEGAL
• N/A
~ I V . ALTERNATIVE RECOMMENDATION(S)
ueny the request by Mr. and Mrs. Anderson for the renewal of the multi-
residential animal license. This would mean that the applicant would have to
decrease the number of animals they have from five to two. However, the
Public Safety Department has not found any basis for a denial.
V. ATTACHMENTS
• Two letters from neighbors.
~ V 1. PRINCIPAL PARTIES EXPECTED AT MEETING
one
n
~'N~~
~_,
Chris and Charlie O'Brien
6707 Oliver Avenue
Richfield, Minnesota
Dear Kathy:
~~-~ . ~'l J l03
I am writing this in response to your letter .informing us of a
neighbors application for amulti-animal residential license. As I
have discussed the state of this property with two neighbors on
more then one occasion I would like to take this opportunity to
express our concerns regarding this particular residence. Before
doing so I would also like to state that I have no personal
relationship with the owners but have heard them described as
being very "nice" people who are deeply committed to their pets.
My concern stems from observation of the property over the past
six years of our residence in this neighborhood. I have walked past
and noticed that the "sun room" or screen porch is packed with
what looks to be furniture, boxes and miscellaneous junk. There
has never been a lawn per se, more like a dirt lawn with various
weeds and an occasional grass blade. Last fall a large load of fresh
dirt was delivered (we hoped for a better day) only to remain as it
.was delivered until this spring when a neighbor told the owner that
it weld ~.l the tree it was covering. The back yard has a chain
link and wooden .fence. The wood fence is falling down and the
back yard has some fairly tall weeds and dirt patches. There is a lot
of miscellaneous Junk lying about the yard and an old car in the
. yard.
Probably none of what I find offensive about the property is in
conflict with any City Code. It isn't really even an eye sore to me
as our home is not in direct view of that property. I guess in
fairness. to my neighbors I feel I should state what I have seen and
my concern that things will deteriorate. It seems reasonable to
~~` expect that more animals will mean even less attention will be paid
to property maintenance than in the pasta
Thank you fo • ication.
Sincerely,
Chris and Charlie O'Brien
r,
1 Re~ardin~ 6654 Newton Avenue South
House peeling paint
Garage rotted wood
Piles of dirt in yard
Many weeds
Little grass
Old wood stored around yard
Fence is falling down
Old car is stored in driveway
How can these people care for 3 dogs and 1 cat ,when they can't care for the property but
drive a Dodge Ram truck valued at 40,000 ? Something wrong with this picture?
--~.-~....,,,_ ~. s.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
~~ STAFF REPORT
CITY COUNCIL MEETING
OCTOBER 28, 2003
Consent
5C
241
REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE
SUPPORT SERVICES MANAGER
NAME, T/TLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR REVIEW: ~ (1~
J SIGNATURE
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a new multi-animal residential kennel license for Cynthia Parker, 7300 Upton
Avenue South.
I. RECOMMENDED ACTION:
By Motion: Approve the request for a new multi-animal residential
kennel license for C nthia Parker, 7300 U ton Avenue South.
II. BACKGROUND
Environmental Health staff received a complaint call in June regarding the number
of animals at this location. A Community Service Officer left a note informing the
homeowner that she needed to apply for amulti-animal residential license if she
had more then two animals. At that time, staff was not aware of the number of
animals that the resident had.
On July 17, 2003, Cynthia Parker submitted an application for a new multi-animal
~ residential kennel license. She owns two dogs and four cats. Cynthia Parker's
~ application contains the signatures of contiguous property owners.
A Community Service Officer conducted an inspection of the property on July 19,
2003. There were no apparent problems found at that time.
1028 Parker New Multi-Animal Residential Kennel
'~`~` Public Safety had two police contacts with this address in the past year. They
responded to one suspicious vehicle and one miscellaneous ordinance violation.
None of these police contacts were related to the multi-animal residential license.
The Environmental Health staff had two other contacts at this address in the past
year. Both contacts were regarding complaints staff received on brush and debris
in the yard. The brush has been removed. Environmental Health staff observed
boards and two doors neatly stacked on the driveway. Cynthia Parker is working on
her fence and garage, and it is apparent these are being used for this construction
project.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City adopted a policy that staff notifies neighbors surrounding the
area of the multi-animal residential license application. The
Environmental Health staff did not receive any calls or letters opposed
to the multi-animal residential license.
• Although this application is for two dogs and four cats, it does not
exceed the maximum number of six animals that was approved by the
Council as policy on July 22, 1991.
B. CRITICAL ISSUES
• N/A
C. FINANCIAL
• N/A
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• Deny the request for the new multi-animal residential license; however, the
Public Safety Department has not found any basis for a denial.
V. ATTACHMENTS
• None.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Cynthia Parker
AGENDA SECTION: GonGPnt
~.~ AGENDA ITEM # r~~
REPORT # 240
STAFF REPORT
CITY COUNCIL MEETING
OCTOBER 28, 2003
REPORT PREPARED BY:
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER
SALLY MORTON. I.T. MANAGER
NAME, TITLE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the purchase of a high-speed digital copying system for City Hall.
I. RECOMMENDED ACTION:
By Motion: Approve the purchase of a Ricoh 2090 copying system
from Metro Sales, Inc., in the amount of $30,131.
III. BACKGROUND
In 1994 the City purchased a high speed Xerox 5100 copier. The copier is located
at City Hafl and is available for walk up use by all City staff. Although this copier was
anticipated to have a useful life of seven years, it has served the City's needs for
nine years. Staff recommends that it is now time to replace it. Reliability is
diminished, current digital technology offers productivity gains and additional
functionality, and the operating cost of new equipment is less than for the current
copier.
Three vendors were requested to submit proposals for ahigh-speed, black and
white, digital copying/printing system. A staff committee attended vendor
demonstrations of the equipment. One proposal was dropped from further
consideration because it did not meet requirements. The remaining two vendors
were Xerox Corporation, with a local office in Bloomington, and Metro Sales,
located in Richfield. Staff recommends that the Council approve the purchase of the
1028copier.doc
Ricoh 2090 system proposed by Metro Sales. This equipment has the most useful
r~ features and at $31,131 including sales tax, was the less costly of the two options.
- The staff committee also identified a need for color copying, a capability which is not
currently available in-house. The committee used the same process to select a
color copier. A Konica 8031 system proposed by Metro Sales was selected. Again,
this system offered the best quality and capabilities as well as the lowest purchase
cost. The purchase price of $24,213 including sales tax, falls below the threshold
requiring Council approval, so it is not included in this request. Staff was pleased to
discover that both copiers can be purchased for approximately what the Xerox
copier cost back in 1994. Also, the annual operating costs for both of the new
copiers combined will be less than what is currently paid for the old copier.
III. BASIS OF RECOMMENDATION
A. POLICY
• Not applicable
B. CRITICAL ISSUES
• The frequency of service calls due to equipment breakdowns for the
current copier has been increasing over the past couple of years.
During these times the copier is out of service causing wasted staff
time or extra expense to take the job to an outside copying service.
• Current digital copier technology offers increased functionality and the
opportunity for greater productivity.
n C. FINANCIAL
• The 2003 adopted budget for the Information Technologies Fund
includes $60,000 for the acquisition of copiers, including the
replacement of the old Xerox copier. None of these funds have been
expended.
• The new equipment has a lower per copy operating cost than the
existing copier and capabilities which have the potential to reduce
reproduction costs overall.
D. LEGAL
• None
IV. ALTERNATIVE RECOMMENDATION S~
• The City Council could direct staff to seek additional proposals. The current
copier is still operational.
V . ATTACHMENTS
• None
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
,~~.
D
AGENDA SECTION:
AGENDA ITEM #
REPORT #
STAFF REPORT
CITY COUNCIL MEETING
OCTOBER 28, 2003
REPORT PREPARED BY:
Consent
5A
239
CHRIS REGIS, FINANCE MANAGER
NANtE TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the attached resolution providing for the sale of $3,000,000 General
Obligation Taxable Tax Increment Bonds, Series 2003C
I. RECOMMENDED ACTION:
By Motion: Approve the attached resolution providing for the sale of
$3,000,000 General Obligation Taxable Tax Increment Bonds, Series
2003C
III. BACKGROUND
• On Aprll 22, .2003, the City Council adopted a resolution providing for the sale of up to
$6,000,000 General Obligation Tax Increment Bonds, Series 2003, (G.O. TIF Bond) to
help provide funding for eligible redevelopment costs associated with the Kensington
Park. Project.
• In August 2003, the City Council approved the issuance of $4,840,000 of Taxable G.O.
Temporary Tax Increment Bonds, Series 2003A. The amount of issuance in August
was less than initially approved because the developers' private financing was not
available at the time due to their not fulfilling pre-sales requirements. The issuance of a
lesser amount provided advance site assembly funds on an interim basis until private
financing could be obtained.
10282003Series2003CG.0. Taxable Tax Increment Bonds Call for Sale
• It was planned at the time of the initial issuance that permanent, long term financing
through a second bond issue would occur when the development met pre-sale goals of
~~~~. housing units and private development financing was secured.
• It is now anticipated that the developer will reach its pre-sales goals and receive their
private construction financing prior to December 10, 2003.
• The second issuance would be used to buy down the 2003A temporary bonds to a total
of $3,000,000. This would bring the amount of bonds outstanding to no more than
$6,000,000, which is the amount initially approved by Council in April 2003.
• The balance of the permanent issue after the buy down of the temporary issue would
be used for site additional costs of the project that are eligible redevelopment costs.
III. BASIS OF RECOMMENDATION
A. POLICY
• The HRA signed a Contract for Private Development with Lyndale Gateway
LLC for the Lyndale Gateway West area on August 5, 2002 and has made
financial commitments, a component of which includes the issuance of G.O.
TIF Bonds.
• The City Council approved the issuance of G.O. TIF Bonds on April 22, 2003.
• The HRA approved execution of a Pledge Agreement relating to the G.O. TIF
Bonds on April 21, 2003. The Pledge Agreement is to be amended at the
August 18, 2003 HRA meeting to reflect the new amount of the bonds.
B. CRITICAL ISSUES
• The closing of the bond sale is scheduled for December 10, 2003.
C. FINANCIAL
• The bond sale will complete the permanent financing of the project.
• The funding for the debt service on the bonds will tax increment
generated by the development.
D. LEGAL
• Legal counsel has been involved in the bond sale transaction as bond
counsel to the City.
TERNATIVE
• i ne t;ity Council may decide to not proceed with the calling for the sale of
the bonds or delay action until a future City Council meeting. However, both
of these alternatives would jeopardize the Kensington Park project and could
result in legal actions against the City by the developer.
V. ATTACHMENTS
o~ution.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• A representative from Ehlers & Associates, Inc.
~--~ RESOLUTION PROVIDING FOR THE SALE OF
$3,000,000 TAXABLE GENERAL OBLIGATION TAX
INCREMENT BONDS, SERIES 2003C
A. WHEREAS, the City Council of the City of Richfield, Minnesota, has heretofore
determined that it is necessary and expedient to issue the City's $3,000,000 Taxable
General Obligation Tax Increment Bonds, Series 2003C (the "Bonds"), to provide
permanent financing for the Cornerstone project in the City; and
B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota
("Ehlers"), as its independent financial advisor for the Bonds and is therefore
authorized to solicit proposals in accordance with Minnesota Statutes, Section
475.60, Subdivision 2(9).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota, as follows:
1. Authorization Findings. The City Council hereby authorizes Ehlers to solicit
proposals for the sale of the Bonds.
2. Meeting~ Proposal Opening. The City Council shall meet at 6:30 P.M. on November
12, 2003, for the purpose of considering sealed proposals for and awarding the sale
of the Bonds.
3. Official Statement. In connection with said sale, the officers or employees of the City
are hereby authorized to cooperate with Ehlers and participate in the preparation of
an official statement for the Bonds and to execute and deliver it on behalf of the City
upon its completion.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of October,
2003.
ATTEST:
Martin J. Kirsch, Mayor
Nancy Gibbs, City Clerk