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081115CompleteAgenda
D SPECIAL CITY COUNCIL WORKSESSION RICHFIELD MUNICIPAL CENTER,BARTHOLOMEW ROOM AUGUST 11,2015 5:45 PM Call to order 1. Discussion regarding the 66th Street Storm Sewer(Council Memo No.75) Adjournment Auxiliary aids for individualswith disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. D SPECIAL CONCURRENT CITY COUNCIL,HOUSING AND REDEVELOPMENT AUTHORITY AND PLANNING COMMISSION WORKSESSION RICHFIELD MUNICIPAL CENTER,BARTHOLOMEW ROOM AUGUST 11,2015 6:15 PM Call to order 1. Presentation and discussion regarding preliminary proposals for senior housing dmelopments(Council Memo No.74/HRA Memo No. 28) Adjournment Auxiliary aids for individualswith disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. D REGULAR CITY COUNCIL MEETING RICHFIELD MUNICIPAL CENTER,COUNCIL CHAMBERS AUGUST 11,2015 7:00 PM INTRODUCTORY PROCEEDINGS Call to order Open forum(15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others Comments are to be an opportunity to address the Council on items not on the agenda.Individuals who wish to address the Council must have registered prior to the meeting. Pledge of Allegiance Approval of the minutes of the(1)Special Concurrent Oty Council and Planning Commission Worksession of July 27,2015;(2)Special City Council Worksession of July 28,2015;and(3)Regular City Council Meeting of July 28,2015. PRESENTATIONS 1. Presentation of the 2015 Richfield in Bloom Awards(Council Memo No.73) 2. Presentation of the Gmemment Finance Officers Association Distinguished Budget Award to City of Richfield Finance Manager Chris Regis (Council Memo No.72) COUNCIL DISCUSSION 3. Hats Off to Hometown Hits AGENDA APPROVAL 4. Approval of the agenda. 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 on these items 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 the approval of the second amendment to the Site Lease Agreement at 6700 Portland Avenue between the City of Richfield and Sprint Spectrum Realty Company, LP(successor in interest to Sprint Spectrum LP)to a modification in cellular telephone antenna facilities. Staff Report No. 114 B. Consideration of the approval of the first amendment to the Site Lease Agreement at 6355 Penn A\enue between the City of Richfield and T-Mobile Central, LLC,to a modification in cellular telephone antenna facilities. Staff Report No. 115 C. Consideration of the approval of an annual request for a Temporary On Sale Intoxicating Liquor license for the Church of St. Peter, located at 6730 Nicollet Aeenue South,for their Pig Roast e\ient to be held on August 15,2015. Staff Report No. 116 D. Consideration of the approval of a resolution releasing tax-forfeited land located at 6304 Washburn Avenue for sale to the public. Staff Report No. 117 E. Consideration of the approval of a first reading of an ordinance amending the City's Zoning Code. The proposed ordinance would clarify regulations related to accessory dwelling units. Staff Report No. 118 F. Consideration of the approval of a resolution authorizing an interim use permit to allow Richfield Bloomington Honda to use Qty-owned property at 7700 Pillsbury Avenue for employee parking. Staff Report No. 119 G. Consideration of the approval of a request for a Temporary Parking Lease Agreement for Richfield Bloomington Honda to use City- owned property at 7700 Pillsbury Aeenue for employee parking. Staff Report No. 120 6. Consideration of items, if any, rernmed from Consent Calendar PUBLIC HEARINGS 7. Public hearing regarding the appro\el of new On Sale Wine and 3.2 Percent Malt Liquor licenses for My Burger Operations, LLC d/b/a My Burger,located at 6555 Lyndale Aeenue South. Staff Report No. 121 PROPOSED ORDINANCES 8. Consideration of the second reading of an ordinance changing Sunday hours of alcohol seruce from 10:00 a.m.to 8:00 a.m. Staff Report No. 122 OTHER BUSINESS 9. Consideration of a proposal for WSB and Associates, Inc.to protide preliminary and final design ser\ices and environmental documentation for the 77th Street East Extension and Trunk Highway 77 Crossing project for an amount of$2,146,841.92. Staff Report No. 123 CITY MANAGER'S REPORT 10. City Manager's Report CLAIMS AND PAYROLLS 11. Claims and payrolls Open forum(15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others Comments are to be an opportunity to address the Council on items not on the agenda.Individuals who wish to address the Council must have registered prior to the meeting. 12. Adjournment Auxiliary aids for individuals with disabilities are available upon request.Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. CITY OF RICHFIELD, MINNESOTA Office of City Manager August 6, 2015 Council Memorandum No. 75 The Honorable Mayor and Members of the City Council Subject: 66th Street Storm Sewer (Worksession Agenda Item No. 1) Council Members: At the upcoming August 11, 2015 Worksession Pete Willenbring, with WSB and Associates, Inc., and staff will outline drainage issues to be addressed along the 66tH Street corridor during the future reconstruction. Specifically, the areas to be discussed are: • West of 1-35W to Penn Avenue — impacting Monroe Park • Stevens Avenue low point Please contact Kristin Asher, Acting Public Works Director, at 612-861-9795 with questions. R ully submitted, Stev n L. Devich City Manager SLD:kda Email:Assistant City Manager Department Directors CITY OF RICHFIELD, MINNESOTA Office of City Manager August 6, 2015 Council Memorandum No. 74 HRA Memorandum No. 28 Housing and Redevelopment The Honorable Mayor Authority Commissioners and City of Richfield Members of the City Council Subject: Senior Housing Proposals Worksession (Worksession Agenda Item No. 1) Council Members and Commissioners: At the August 11, 2015 worksession two developers will be presenting preliminary proposals for senior housing developments. United Properties is proposing a multi-family senior housing project on the St. Richard's Catholic Church property (7548-P-enn Avenue), and Mesaba Capital is proposing a multi-family senior housing project on the former City public works site (7644 Pillsbury Avenue/211 West 76th Street). Attached are three preliminary site plan options for the United Properties proposal, and preliminary site plans for Mesaba Capital's proposal. s e ully sub ed en L. De Cit Manager SLD:kcb Attachment: United Properties Site Plans and Mesaba Capital preliminary Site Plans Email: Assistant City Manager Department Directors Planning Commission 5 •and uu2d jr, I 1111 ILLULF F �+ r .I I I Q� A in I r N r O m 4 N I Ln4� 0L�� ' 4 � � 0 Z N LL L N z ?� U')U :5Q Q _ U O N O Q U Ncn — o U aJ m m 7 ch N V ch N W w � N Ln 'T (.,j N .. w cncncn daZ �Z i 1 'L \n OHO Q z� a- D-- E w a D o O � aaaa = c� n macN z F ZQ �ONl� pN o cn0 a zzz Nz m 0-/ DZ n z 0 0 0 w N w o Q o F N N w v Lu W Q � z � Qi[ opOOJ � F N � zz Q mQ n LZ 00 - V Oa nZK = Xww ao ILL oz 0 C\j Q I— W W — N m UI K Z N 7 0 0 N - -m m`am N V1 Y� N Q q O Oo O `o o y L U = O W d J U'n E M \V o Om <> Ng 6 Z N a _W �cj 6J 3O o° " zo 3O I o Oo — — m'k II it w Ln k. u e yrv, n srv. _ zF _ of 1U= 'Z, Oz F2¢ Ln Z N C) � Q J O C� O GQQ E — — — O Z O Q N N N Q0 NOLntn � � o D w — N6) NZ � Zc� 0000 � Q L L ow 0Q LL NNU7N UK �Z � � � � w ¢ L NOOLn Q zU to Q Q Q Q D U -Z cq � V o O� mmmN 0c o� — Z Z Z n Z CO } z _O KQ < < < �W _ o OU 9 Q) 0 0 0 0 = 0 n N w° w N Q o[ w � � zz Z � � � � � UZwO zW 4 0 Q � 0 Q � � Q � 0 � � � _ D > � ilia w hQ .2 OZ z Lu C � Q � 0 < Q � NC) V Uw � Z �¢ N 6) N �. S 'any uuad Irl 4 I I I I I I I I I gq. m � � 20' U I il:; v Z_ RI uIIII1J p* wPFU�TlTll m I U � a a I v ° 0 7 c -0 L r, O X "1 ,Z = 0 N W@ I I I Q i LLLLb Zfi I I I N W L^' m v V- Q y Ln c7 C (� CD oog � °L° � a 32 Zo CL 0 a o�nDi 0w cRS �(�n� 10 T5u�i p a N ^ to C � O co co c �V — N 17 0 CL 1010 y .. y O ,p 0 0 01p— qYI� (Z s*. O � all Vf 00 t ol 18 r , yy y, r • �_.. � mom r / s 1 . M / r • off. „ 4P r h • i x Mesaba Capital W 76' Street Main Drive Entry WcAing Path Gardens U i ' Gardens Below Grade Parking Entry , • • Nal' A MM 0 ° 2 Storiesr c landscape Buffer • k• atlas i 34 Surface Parking Q n 3 Stories T o_ Main Bldg En ry a� 6 U C 3 Stories I Its - NO W 7 7�' Street Au6bg 1 G h IIIArcr CITY COUNCIL MINUTES Richfield, Minnesota • Special Concurrent City Council and Planning Commission Worksession July 27, 2015 CALL TO ORDER The concurrent worksession was called to order by Mayor Goettel at 6:00 p.m. in the Bartholomew Room. Council Members Edwina Garcia, Mayor Pro Tempore; Pat Elliott; Tom Fitzhenry; and Michael Present: Howard. Council Member Debbie Goettel, Mayor. Absent: Planning Commission Rick Jabs, Chair; Sean Hayford Oleary; Erin Vrieze Daniels; Susan Members Present: Rosenberg; Daniel Kitzenberger. Planning Commission Charles Standfuss and Gordon Vizecky. Members Absent: Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Jay Henthorne, Public Safety Director; Bill Fillmore, Liquor Operations Director; Betsy Osborn, Support Services Supervisor; and Melissa Poehlman, City Planner. Others Present: Addison Lewis, Community Engagement Specialist -WSB &Associates, Inc. Item #1 DISCUSSION REGARDING A TAPROOM ORDINANCE (COUNCIL MEMO. NO. 69) Community Development Director Stark introduced the topic and Addison Lewis, Community Engagement Specialist from WSB &Associates, Inc. Mr. Lewis summarized the definition, function and characteristics of the various types of facilities. He further described how other cities treat some of these facilities. Council Member Fitzhenry asked if there was any conflict between these facilities and a city like Richfield that has municipal liquor operations. Liquor Operations Director Fillmore responded that there was not. Council Member Fitzhenry inquired as to if the City has been approached by any brewpubs or distilleries. Community Development Director Stark responded that two tap rooms have approached the City. Currently, no micro-distilleries have approached the City. Support Services Supervisor Osborn summarized the current types of liquor licensing in the City Code. Special Worksession Minutes -2- July 27, 2015 There was general discussion regarding the required ratio of liquor/alcohol and food and the use of food trucks to provide food for tap rooms. Council Member Howard and Planning Commission Member Kitzenberger suggested that tap rooms are likely to bring new customers into Richfield rather than taking customers from existing businesses. Community Development Director Stark stated the City can limit the number of tap room licenses. The general consensus was to put a question regarding tap rooms on Richfield Connect for community input. Further discussion continued regarding looking at a broad ordinance and food availability at tap rooms. The concurrent worksession was adjourned by unanimous consent at 6:48 p.m. Date Approved: August 11, 2015. Debbie Goettel Mayor Steven L. Devich Steven L. Devich Acting City Clerk City Manager CITY COUNCIL MINUTES Richfield, Minnesota Special City Council Worksession July 28, 2015 CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:00 p.m. in the Bartholomew Room. ROLL CALL Council Members Debbie Goettel, Mayor; Edwina Garcia; Michael Howard; Pat Elliott; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Jay Henthorne, Public Safety Director/Police Chief; Jim Topitzhofer, Recreation Services Director; Bill Fillmore, Liquor Operations Director; Kristin Asher, Acting Public Works Director; Mike Dobesh, Assistant Fire Chief; Chris Regis, Finance Manager; and Pam Dmytrenko, Assistant City Manager/HR Manager. Item # I DISCUSSION REGARDING A MID-YEAR GOALS REVIEW (COUNCIL MEMO NO. 67) The City Council and City staff had a discussion regarding a mid-year goals review. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:45 p.m. Date Approved: August 11, 2015 Debbie Goettel Mayor Pam Dmytrenko Steven L. Devich Assistant City Manager/HR Manager City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota e� Regular Meeting July 28, 2015 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. in the Council Chambers. Council Members Debbie Goettel, Mayor; Pat Elliott; Edwina Garcia; Tom Fitzhenry; and Present: Michael Howard Staff Present: Steven L. Devich, City Manager; Jay Henthorne, Public Safety Director; Kristin Asher, Acting Public Works Director; Pam Dmytrenko, Assistant City Manager/HR Manager; and Mary Tietjen, City Attorney OPEN FORUM None. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Fitzhenry; S/Garcia to approve the minutes of the (1) Special City Council Meeting of July 14, 2015; (2) Special City Council Worksession of July 14, 2015; and (3) Regular City Council Meeting of July 14, 2015. Motion carried 5-0. Item #1 COUNCIL DISCUSSION Hats Off to Hometown Hits Council Members Fitzhenry and Garcia made several announcements related to upcoming Richfield events. Council Member Fitzhenry provided a Noise Oversight Committee (NOC) update. Council Member Howard discussed the recent storm activity and power outages in Richfield. Council Meeting Minutes -2- July 28,2015 Council Member Garcia discussed the current construction along Portland Avenue. Public Safety Director Henthorne discussed traffic enforcement during the project. City Manager Devich talked about the future closure of the entrance to City Hall and additional parking in the surrounding neighborhood. Mayor Goettel announced the grand opening of Fairview Southdale. Mayor Goettel announced the receipt of the 2015 Building One America Inclusionary America Award. Item #2 COUNCIL APPROVAL OF AGENDA M/Garcia, S/Howard to approve the agenda. Motion carried 5-0. Item #3 CONSENT CALENDAR A. Consideration of the approval of a first reading of an ordinance changing Sunday hours of alcohol service from 10:00 a.m. to 8:00 a.m. Staff Report No. 112 B. Consideration of the approval of the following related to the Taft Lake/Legion Lake Water Quality Improvement Project: 1. Accept the bid minutes/tabulation and award contract to Minnesota Utilities and Excavation, LLC for$813,440 for final project phases. 2. Authorize the City Manager to approve contract changes under$100,000 without further City Council authorization. Staff Report No. 113 M/Goettel, S/Elliott to approve the Consent Calendar. Motion carried 5-0. Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #5 CITY MANAGER'S REPORT City Manager Devich reported on the new City logo and branding. Item #6 CLAIMS AND PAYROLLS M/Goettel, S/Garcia that the following claims and payrolls be approved: U.S. Bank 07/28/15 A/P Checks: 242317-242747 1,101,335.18 Payroll: 111673-112050 $ 641,924.35 TOTAL $ 1,743,259.53 Council Meeting Minutes -3- July 28,2015 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT The City Council Meeting was adjourned by unanimous consent at 7:30 p.m. Date Approved: August 11, 2015 Debbie Goettel Mayor Steven L. Devich Steven L. Devich Acting City Clerk City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager August 6, 2015 Council Memorandum No. 73 HRA Memorandum No. 27 Housing & Redevelopment The Honorable Mayor Authority Commissioners And City of Richfield Members of the City Council Subject: 2015 Richfield in Bloom Award Winners (Agenda Item No. 1 ) Council Members and Commissioners: For 17 years the Community Development Department has encouraged residents to strengthen the sense of pride and community in Richfield by coordinating the Richfield in Bloom Award (formerly known as the Landscape Good Neighbor Award). The Award recognizes residents' efforts to add beauty to public spaces through their gardening and landscaping efforts. This year, forty-three households were nominated for the 2015 Richfield in Bloom Award. Five judges, (including a master gardener, a landscape architect, and members of the Garden Club) evaluated the properties based on aesthetics, materials, maintenance and neighborhood impact. Two community businesses generously offered prizes to the Top 10 nominees and the three winners. The Richfield Bloomington Credit Union (RBCU) provided funds for Menards gift cards to be given to each of the Top 10 nominees, while Wagner's Greenhouse also donated $25 gift cards for the top three winners. In addition to the prizes, the winners will receive a Richfield in Bloom Award Winner yard sign to display on their property for the remainder of the summer. This year's top three winners are: • Sandra Schmidt & Sheila Fitzgerald, 7413 Sheridan Avenue • Nancy Buck, 6748 Grand Avenue • Becky Rossum, 336 Apple Lane A press release will be issued to the Richfield Sun Current, and the winners will also be promoted on the City webpage and Facebook page. In addition to the winners of the annual award, the City is honoring Joe and Pam Krzyzaniak with a lifetime achievement award recognizing their tireless efforts towards making Richfield beautiful. The Krzyzaniaks have won the Richfield in Bloom award many times in previous years, and have also been a fixture on the annual Garden Tour. Their home, located on West 76th Street, makes a great impression on the many people who pass through Richfield each day. We offer congratulations to each of the nominees and winners of the Richfield in Bloom Award. Their contributions to add beauty to the community is sincerely appreciated. Res ectf Ily submitted, ven L. Devic City Manager SLD:ka Email: Assistant City Manager Department Directors CITY OF RICHFIELD, MINNESOTA Office of City Manager August 6, 2015 Council Memorandum No. 72 The Honorable Mayor and Members of the City Council Subject: Government Finance Officers Association Distinguished Budget Award (Council Agenda Item No.2 ) Council Members: The Government Finance Officers Association of the United States and Canada (GFOA) announced recently that the City of Richfield received the GFOA's Distinguished Budget Presentation Award for its 2015 budget. The award is the highest form of recognition in governmental budgeting and represents a significant achievement by the City. In order to receive the budget award, the City had to satisfy nationally recognized guidelines for effective budget presentation. This is the 30th year the City has received the GFOA Distinguished Budget Presentation Award. The Richfield City Council will present a Certificate of Recognition for Budget Presentation to Chris Regis, Finance Manager, on August 11, 2015. R tful y submitte teve evi City M nager SLD:cak E-mail: Assistant City Manager Department Directors Finance Manager AGB\DA SBZflM CONSENT CALB\DAR AGB\M IBM# 5.A. STAFF REPORT NO. 114 CITY COUNCIL MEETING a a 8/11/2015 REPORT PREPARED BY: Chris Regis, Finance Manager DEPARTMENT DIRECTOR REVIEW: Steen L. Devich 8/5/2015 OTHER DEPARTMENT REVIEW: None. CITY MANAGER REVIEW: Steen L. Devich 8/5/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of the second amendment to the Site Lease Agreement at 6700 Portland Avenue between the City of Richfield and Sprint Spectrum Realty Company, LP(successor in interest to Sprint Spectrum LP)to a modification in cellular telephone antenna facilities. EXECUTIVE SUMMARY: On April 26,2001,the City of Richfield entered into a Site Lease Agreement with Sprint Spectrum LP(Tenant)at the 6700 Portland Avenue location. The Site Lease Agreement allowed the Tenant to erect a cellular telephone antenna system on the communications tower located at the 6700 Portland Avenue location.The agreement allowed the Tenant to erect up to a total of six(6)antennas. As a result of the construction of the new Richfield Municipal Center completed in 2011,the existing communications tower and equipment platform was relocated and replaced by a new communications tower and equipment platform.At the time of the relocation and replacement of equipment,Sprint reduced the number of antennas from six(6)to three(3). Finally,as part of the relocation of the equipment the Tenant made certain requests that required a First Amendment to the Site Lease Agreement.The date of the first amendment was June 14,2011. The Tenant now desires to modify its installation on the site a second time by increasing the number of antennas to six(6),the amount approved by the April 26,2001 Site Lease Agreement and adding three(3)additional remote radio units.As a result of the changes,a second site lease amendment is warranted. RECOMMENDED ACTION: By Motion:Approve the second amendment to the Site Lease Agreement at the 6700 Portland Avenue location between the City of Richfield and Sprint Spectrum Realty Company, LP(successor in interest to Sprint Spectrum LP). BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT The historical context is contained in the Executive Summary. B. POLICIES(resolutions,ordinances,regulations statutes etc: The tenant has completed the required permitting process for the site modification. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: • Any costs incurred in the upgrade of the facility will be borne by the Tenant. • As part of the amendment,the annual rent will be increased to be$30,320.00 beginning 2016. E. LEGAL CONSIDERATION: The City Attorney has reviewed the second amendment to the Site Lease Agreement. ALTERNATIVE RECOMMENDATION(S): N/A PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type ❑ Sprint City Hall Site Second Amendment Contract/Agreement SECOND AMENDMENT TO SITE LEASE AGREEMENT BETWEEN THE CITY OF RICHFIELD AND SPRINT SPECTRUM LP This Second Amendment to Site Lease Agreement ("Second Amendment") is made and entered effective the day of , 2015, by and between City of Richfield, a Minnesota municipal corporation ("Landlord"), whose address is 6700 Portland Avenue South, Richfield, Minnesota 55423, and Sprint Spectrum Realty Company, LP, a Delaware limited partnership, ("Tenant") successor-in-interest to Sprint Spectrum L.P., a Delaware limited partnership, whose address is Sprint Property Service, 6391 Sprint Parkway, Mailstop KSOPHT0101-22650, Overland Park, KS 66251-2650. RECITALS A. Landlord and Tenant's predecessor-in-interest Sprint Spectrum L.P., entered into a Site Lease Agreement dated April 26, 2001, as amended by that certain First Amendment dated June 15, 2011 ('Lease"); B. The Lease permits Tenant to install certain facilities on and adjacent to the monopole located at 6700 Portland Avenue, County of Hennepin, State of Minnesota("Structure"); C. As of the date of this Second Amendment, the antennas, equipment, equipment shelter and other facilities that Tenant is permitted to install and maintain on the Structure and Leased Premises is described and depicted in Exhibit B-1 to the Lease; D. Landlord and Tenant mutually desire to amend certain terms of the Lease to: (i) authorize modifications to the antennas, equipment, and other facilities as depicted and described in Exhibit B-2, attached hereto, and; (ii) provide for an increase in the rent payable to Landlord. AGREEMENT NOW, THEREFORE, in consideration of the facts contained in the Recitals above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Leased Premises. The Lease is hereby amended by the replacement of Exhibit B-1 with Exhibit B-2 attached hereto. All references to "Exhibit B-l" in the Lease shall be replaced with "Exhibit 13-2." Upon full execution of this Second Amendment, Tenant is permitted to do all work necessary to install or otherwise modify the Antenna Facilities as described and contemplated in Exhibit B-2. 2. Rent. The annual rent for 2016 shall be Thirty Thousand Three Hundred Twenty Dollars ($30,320.00). Paragraph 2(a) of the lease is amended accordingly provided, however, that the annual inflator as provided in paragraph 2(a) remains unchanged and in full force and effect for 2017 and subsequent years. 3. Landlord Costs. Landlord acknowledges the receipt of a cash deposit from Tenant in the sum of Five Thousand and No1100 Dollars ($5,000.00) ("Deposit"). Such Deposit will be used to reimburse Landlord for costs incurred by Landlord associated with reviewing and approving Tenant's requested modifications set forth in this Second Amendment, including but not limited to attorney's fees, staff and administrative review time and third part consultant fees and expenses. Within thirty (30) days following completion of the proposed modifications, Landlord shall refund the remaining balance of the Deposit, if any, to Tenant and provide Tenant with reasonable documentation itemizing the amounts taken from the deposit used to reimburse Landlord. In the event Landlord's documented fees and expenses, including consultant fees, and expenses, exceed the Deposit, Tenant will reimburse the Landlord in such additional amount within thirty (30) days of receipt of the documentation. 4. Miscellaneous. a. Except as specifically modified by this Second Amendment, all terms and conditions of the Lease remain in full force and effect and are hereby ratified. In the event of a conflict between any term or provision of the Lease and this Second Amendment, the Second Amendment shall control. b. All capitalized terms in this Second Amendment, unless otherwise defined herein, will have the same meaning as the terms contained in the Lease. c. This Second Amendment may be executed in duplicate counterparts, each of which will be deemed an original. d. Each party represents and warrants that it has the right, power, legal capacity and authority to enter into its respective obligations under this Second Amendment. IN WITNESS WHEREOF, Landlord and Tenant have caused this Second Amendment to be executed by each party's duly authorized representative on the date written below. LANDLORD: TENANT: City of Richfield Sprint Spectrum Realty Company, LP By: By: Its: Mayor Its: By: Date: Its: City Manager Date: The remainder of this page intentionally left blank Exhibit B-2 See Attached Drawings 'S_SNObd 51 3N1'S:NYl1f15NR]9NItb33WI�hl NOa-ITlfL!0 ASND_N3J0=ACU=i1 L''.l' ;NAV'b_5 A iC 37 Td A4'1- 1k 7N1 iS�'1 1N5"1]1C 3N:b'1!SI 11'JN'S:Ye0'SNM 9Nq NW,4plbT7,u jD A:l13.O =iN b 5KMV C 2W F3 U n E N tz r N,T O� p 4—Jy hen Eo EM r` VFW3 ❑ J � w� 0 �7 CY7 I� o� n�� ��� i �o •. 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Nw O ^ � V d , W Cf pq W N z q7 N a F q U W U� W— F LL NCD g V)a z i r Q W x � b z E3z ie y KK Y z rye, rl w w3C ` � � � _ u _ h w LS ZSu g zR �j it I w w = SO i4, - U i r F a pp t� Cn CL J55�� F � U S. '3'� z w 167112i AGB\DA SBZflM CONSENT CALB\DAR AGB\M IBM# 5.B. STAFF REPORT NO. 115 CITY COUNCIL MEETING a a 8/11/2015 REPORT PREPARED BY: Chris Regis, Finance Manager DEPARTMENT DIRECTOR REVIEW: Steen L. Devich 8/5/2015 OTHER DEPARTMENT REVIEW: None CITY MANAGER REVIEW: Steen L. Devich 8/5/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of the first amendment to the Site Lease Agreement at 6355 Penn Avenue between the City of Richfield and T-Mobile Central,LLC,to a modification in cellular telephone antenna facilities. EXECUTIVE SUMMARY: On October 15,2008 the City of Richfield entered into a Site Lease Agreement with T-Mobile Central, LLC(Tenant)at the 6355 Penn Avenue location. The Site Lease Agreement allowed the Tenant to erect a cellular telephone antenna system on the communications tower located at the 6355 Penn Avenue location.The agreement allowed the Tenant to erect up to a total of nine(9)antennas. The Tenant now desires to modify its installation on the site by increasing the number of antennas to twelve(12),and installing three more remote radio units.As a result of the changes in antennas and equipment,a site lease amendment is warranted. RECOMMENDED ACTION: By Motion:Approve the first amendment to the Site Lease Agreement at the 6355 Penn Avenue location between the City of Richfield and T-Mobile Central,LLC. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT The historical context is contained in the Executive Summary. B. POLICIES(resolutions,ordinances.regulations statutes etc: The tenant has completed the required permitting process for the site modification. C. CRITICAL TIMING ISSUES: N/A D. FINANCIAL IMPACT: • Any costs incurred in the upgrade of the facility will be borne by the Tenant. • As part of the amendment,the annual rent will be increased to be$32,500.00 beginning 2016. E. LEGAL CONSIDERATION: The City Attorney has reviewed the first amendment to the Site Lease Agreement. ALTERNATIVE RECOMMENDATION(S): N/A PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type ❑ First Amendment to Site Lease Agreement T-Mobile Penn Site Contract/Agreement FIRST AMENDMENT TO SITE LEASE AGREEMENT BETWEEN THE CITY OF RICHFIELD AND T-MOBILE This First Amendment to Site Lease Agreement ("First Amendment") is made and entered effective the day of August, 2015, by and between City of Richfield, a Minnesota municipal corporation ("Landlord"), and T-Mobile Central, LLC, a Delaware limited liability company("Tenant"). RECITALS A. Landlord and Tenant entered into a. Site Lease Agreement dated October 15, 2008 ("Lease"); B. The Lease permits Tenant to install certain facilities on and adjacent to the water tower located at 6355 Penn Avenue South, County of Hennepin, State of Minnesota ("Structure"), as more fully described in the Lease; C. As of the date of this First Amendment, the antennas, equipment, equipment shelter and other facilities that Tenant is permitted to install and maintain on the Structure and Leased Premises is described and depicted in Exhibit B to the Lease; D. Landlord and Tenant mutually desire to amend certain terms of the Lease to: (i) authorize modifications to the antennas, equipment, and other facilities as depicted and described herein, and; (ii) provide for an increase in the rent payable to Landlord. AGREEMENT NOW, THEREFORE, in consideration of the facts contained in the Recitals above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Leased Premises. The Lease is hereby amended by the replacement of Exhibit B with Exhibit B-1, attached hereto. All references to "Exhibit B" in the Lease shall be replaced with "Exhibit B-l." Upon full execution of this First Amendment, Tenant is pennitted to do all work necessary to install or otherwise modify the Antenna Facilities as described and contemplated in Exhibit B-1. 2. Rent. The annual rent for 2016 shall be Thirty Two Thousand Five Hundred Dollars ($32,500.00). Paragraph 2(a) of the Lease is amended accordingly. 3. Landlord Costs. Landlord acknowledges the receipt of a cash deposit from Tenant in the sum of Five Thousand and No/100 Dollars ($5,000.00) ("Deposit"). Such Deposit will be used to reimburse Landlord for costs incurred by Landlord associated with reviewing and approving Tenant's requested modifications, set forth in this First Amendment, including but not limited to attorney's fees, staff and administrative review time and third party consultant fees and expenses. Within thirty (30) days following completion of the proposed modifications, Landlord shall refund the remaining balance of the Deposit, if any, to Tenant and provide Tenant with reasonable documentation itemizing the amounts taken from the Deposit used to reimburse Landlord. In the event Landlord's documented fees and expenses, including consultant fees, and expenses, exceed the Deposit, Tenant will reimburse the Landlord in such additional amount within thirty (30) days of receipt of the documentation. 4. Miscellaneous. a. Except as specifically modified by this First Amendment, all terms and conditions of the Lease remain in full force and effect and are hereby ratified. In the event of a conflict between any term or provision of the Lease and this First Amendment, the First Amendment shall control. b. All capitalized terms in this First Amendment, unless otherwise defined herein, will have the same meaning as the terms contained in the Lease. C. This First Amendment may be executed in duplicate counterparts, each of which will be deemed an original. d. Each party represents and warrants that it has the right, power, legal capacity and authority to enter into its respective obligations under this First Amendment. IN WITNESS WHEREOF, Landlord and Tenant have caused this First Amendment to be executed by each party's duly authorized representative on the date written below. LANDLORD: TENANT: City of Richfield T-MOBILE CENTRAL, LLC By: By: Vv�>_nc '1r x- Its: Mayor Its: � �� By: By: ILI •—r ��Its: City Manager Its: ��(e Date: Date: -7 2 Z The remainder of this page intentionally left blank Exhibit B-I See Attached Drawings DRAMNG INDEX Mobile .. 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D-ma ase 1 -, IP01 IA R3GHFIELD WATER TOWER PENN AVE 5 _ MINNEAPOLIS,MN 55423 ATEk T—Sk ,- . .se -. .r. ..i, uc.J•.s- <-,.Jaf 0:-.f�..xs GENERAL NPTES t rut .wt tF 9iRr .,, rn.�.aa¢,sM'fte/uW nstn•mrcAn i..s. E(-iN2,1j AGB\DA SEC11M CONSENT CALB\DAR AGB\M IBM# 5.0 STAFF REPORT NO. 116 CITY COUNCIL MEETING a a 8/11/2015 REPORT PREPARED BY: Betsy Osborn,Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthome, Public Safety Director 7/21/2015 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: Steven L. Devich 8/5/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of an annual request for a Temporary On Sale Intoxicating Liquor license for the Church of St.Peter,located at 6730 Nicollet Avenue South,for their Pig Roast event to be held on August 15,2015. EXECUTIVE SUMMARY: On July 2,2015,the City received application materials for a Temporary On Sale Intobcating Liquor license for the Church of St. Peter for their annual Pig Roast event to be held on August 15,2015. They will serve wine and 3.2 percent malt liquor from 5:30 p.m.to 10:00 p.m. No other intobcating liquor beverages will be permitted. They will not have the dance as they have in previous years. They will only have the dinner this year. They plan to serve pulled pork,hot dogs, potatoes,vegetables,dinner rolls and dessert. The Church of St. Peter has contacted food sanitarians from the City of Bloomington to ensure proper food handling practices are followed. The Director of Public Safety has reviewed all required information and documents and has found no basis for denial. The City Council has previously granted this license in conjunction with this event. RECOMMENDED ACTION: By Motion:Approve the issuance of a Temporary On Sale Intoxicating Liquor license for the Church of St.Peter,located at 6730 Nicollet Avenue South for their annual Pig Roast event to take place on August 15,2015. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT The applicant has satisfied the following requirements for the issuance of this license: • The required licensing fee has been paid. • Proof of liquor liability insurance has been provided showing The Catholic Mutual Relief Society of America affording the coverage. B. POLICIES(resolutions,ordinances,regulations statutes etch Richfield City Code Section 1202.05 requires all applicants to comply with all of the provisions of this code,as well as the provisions of Minnesota Stature Chapter 340A. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: There are no legal considerations. ALTERNATIVE RECOMMENDATION(S): The Council could decide to deny the approval of the Temporary On Sale Into)acating Liquor license for the Church of St. Peter. This would mean the applicant would not be able to serve wine or 3.2 percent malt liquor. However, Public Safety has not found any basis for denial. PRINCIPAL PARTIES EXPECTED AT MEETING: Church of St. Peter staff has been notified of the date of this meeting. AGB\EA SEC11M CONSEVT CALB\DAR AGB\M IBM# 5.1). STAFF REPORT NO. 117 CITY COUNCIL MEETING a a 8/11/2015 REPORT PREPARED BY: Karen Barton,Community Development Assistant Director DEPARTMENT DIRECTOR REVIEW: John Stark,Community Development Director 8/4/2015 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: Steven L. Devich 8/5/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a resolution releasing tax-forfeited land located at 6304 Washburn Avenue for sale to the public. EXECUTIVE SUMMARY: The City of Richfield was notified by Hennepin County of a pending reclassification of tax-forfeited land located at 6304 Washburn Avenue to either Non-Conservation or Conservation status. If the City or Housing and Redevelopment Authority(HRA)has interest in acquiring the property,the City or HRA could appear before the County on September 22,2015 to request the property be classified as Conservation property and held for purchase by the City or HRA. Staff has reviewed the subject parcel for compliance with local zoning ordinances,outstanding special assessments remaining unpaid to the City,and for possible acquisition for public use and/or HRA programs. Staff finds no interest in requesting classification to Conservation status for acquisition by the City or HRA at this time and recommends public sale of the parcel. Among the factors considered in reaching this recommendation are that staff believes that the private market will respond favorably to this home and that staff is doubtful whether the house would qualify as"blighted"and"substandard"or could be sold as an affordable home;without such designations,there is no viable funding source for City/HRA purchase of the home. RECOMMENDED ACTION: By Motion:Adopt the resolution releasing tax-forfeited land located at 6304 Washburn Avenue for sale to the public. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • The City periodically receives notice from Hennepin County of parcels of land within the City which have become the property of the State of Minnesota for non-payment of real estate taxes. • Hennepin County allows the City to request the property be held for sale to the City. • If the City does not wish to purchase the property,the property is sold at a public sale. • Staff reviews the subject property and recommends either acquisition or public sale. B. POLICIES(resolutions,ordinances,regulations,statutes.etch It is the City and HRAs policies to acquire substandard properties, properties in designated redevelopment areas,and/or strategic locations as they become available. This home does not appear to be substandard. C. CRITICAL TIMING ISSUES: Hennepin County requests a resolution from the City prior to September 22,2015. D. FINANCIAL IMPACT: None E. LEGAL CONSIDERATION: None ALTERNATIVE RECOMMENDATION(S): Do not adopt resolution,directing staff to request the parcel be held for acquisition by the City. PRINCIPAL PARTIES EXPECTED AT MEETING: N/A ATTACHMENTS: Description Type D Resolution Resolution Letter RESOLUTION NO. RESOLUTION AUTHORIZING TAX FORFEITED LAND RELEASED FOR SALE TO THE PUBLIC WHEREAS, the City of Richfield is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes 282, the City has received from Hennepin County notice of a parcel of land within the City which has become the property of the State of Minnesota for non-payment of real estate taxes; and WHEREAS, the City Council has reviewed said parcel for compliance with local zoning ordinances, for the amount of outstanding special assessments remaining unpaid to the City, and/or for possible public use by the City as authorized by the Statutes. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Richfield, pursuant to Minnesota Statutes 282, hereby approves the classification of the following parcel of land as non-conservation land, and furthermore, approves the public sale of said parcel as listed below. All parcels released for public sale remain subject to all applicable zoning ordinance provisions, including those regulations providing for minimum lot area and minimum lot width. Substandard parcels may be useable only in combination with other adjoining parcels. Release of this parcel by the City Council is subject to the condition that all outstanding special assessments shall be paid in full to the City upon return to private ownership. Any amount not recovered at the time of sale shall be subject to reassessment by the City. PARCEL RELEASED FOR SALE Address PID 6304 Washburn Avenue 29-028-24-12-0110 Adopted by the City Council of the City of Richfield, Minnesota this 11th day of August, 2015. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGB\EA SEC11M CONSEVf CALB\DAR AGB\M IBM# 5.E STAFF REPORT NO. 118 CITY COUNCIL MEETING a a 8/11/2015 REPORT PREPARED BY: Melissa Poehlman,City Planner DEPARTMENT DIRECTOR REVIEW: John Stark,Community Development Director 8/4/2015 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: Steven L. Devich 8/5/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a first reading of an ordinance amending the City's Zoning Code. The proposed ordinance would clarify regulations related to accessory dwelling units. EXECUTIVE SUMMARY: On March 24th of this year,the City Council approved regulations to allowaccessory dwelling units in the R(Single-Family)and R-1 (Low-Density Single-Family)Residential Districts. The summary of proposed regulations that was presented to the Planning Commission and City Council included the following statement: "Units may be internal to a primary structure,attached to a primary structure or detached(in an accessory garage structure)." The intent of the regulations was to allowdetached accessory dwelling units only as a part of a detached garage,as opposed to a stand-alone additional structure on the lot. This limitation,as well as some of the other adopted regulations, is intended to limit the potential for recreational vehicles or other similar structures to be used as permanent living space. The regulations that were adopted are intended to allow accessory dwelling units in a way that blends in with the single-family character of the neighborhood;properties with accessory dwelling units would be largely indistinguishable from those without. The language requiring that detached accessory units be a component of a detached garages was inadvertently left out of the actual text. The adopted regulations would make it difficult for this type of unit to be approved, but staff feels it would be best to explicitly state our intent. RECOMMENDED ACTION: By Motion:Approve a first reading of an ordinance amending the Richfield City Code to clarify regulations related to accessory dwelling units. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT Discussed in Executive Summary B. POLICIES(resolutions,ordinances,regulations statutes etch Summary of Accessory Dwelling Unit(ADU)Regulations: • Units may be internal to a primary structure,attached to a primary structure or detached(in an accessory garage structure). • Exterior materials must match existing structures. • No more than one ADU shall be allowed on a lot. • ADUs shall be permitted as an accessory to single-family homes only. • The ADU shall not create a separate tax parcel. • An owner of the property must occupy at least one dwelling unit on the lot as their primary place of residence and homesteading is required. • A rental license shall be required in accordance with current City requirements. • Minimum area: 300 square feet; Maximum area: 800 square feet or the size of the principal dwelling,whichever is less. • Principal dwelling units must continue to meet minimum floor area requirements of the R and R-1 Districts(960 and 1,100 square feet, respectively)or not increase the degree of nonconformity. • Creation of an internal or attached ADU shall not result in the creation of additional entrances facing the public street. • Conversion of garage space without replace of the garage space(up to 2 spaces)is not permitted. • A minimum of three off-street parking spaces is required in order to add an ADU of any kind. C. CRITICAL TIMING ISSUES: None D. FINANCIAL IMPACT: None E. LEGAL CONSIDERATION: • A public hearing was held before the Planning Commission on July 27,2015. • Notice of the public hearing was published in the Sun Current newspaper in accordance with State and Local requirements. No members of the public spoke. • The Planning Commission recommended approval of the proposed amendment. • If this reading is approved,a second reading of the proposed ordinance will be held on August 25,2015. ALTERNATIVE RECOMMENDATION(S): None PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type D Ordinance Ordinance BILL NO. AN ORDINANCE AMENDING THE RICHFIELD CITY CODE TO CLARIFY REGULATIONS RELATED TO ACCESSORY DWELLING UNITS THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 514.05, Subdivision 8 of the Richfield City Code relating to allowable accessory uses in the R District is amended to read as follows: Subd. 8. Internal, attached, and detached accessory dwelling units shall be allowed, provided that: a) The principal residential structure is a permitted or conditional single- family dwelling; b) No more than one accessory dwelling unit shall be allowed on a lot; c) The lot must meet current minimum width and depth requirements; d) The creation of an accessory dwelling unit shall not create a separate tax parcel; e) An owner of the property must occupy at least one dwelling unit on the lot as their primary place of residence. Proof of homesteading shall be required and variances from this provision shall not be considered; f) A rental license for the non-owner-occupied unit shall be required in accordance with Section 407 of the City Code; g) Accessory dwelling units must have a minimum area of 300 square feet and cannot exceed 800 square feet or the gross floor area of the principal dwelling, whichever is less; h) Principal dwelling units must continue to meet minimum floor area requirements or not increase the degree of nonconformity in this matter; i) The primary exterior materials of an attached accessory dwelling unit must match those of the principal structure. Exterior materials for new construction related to any type of accessory dwelling unit must match the structure to which it is attached; j) The creation of an attached or internal accessory dwelling unit shall not result in the creation of additional entrances facing the public street on the primary structure; k) Exterior stairways leading to an upper story accessory dwelling unit shall be allowed so long as the staircase and railing are not constructed with raw or unfinished lumber; 1) Detached accessory dwelling units are permitted only as a part of an approved accessory garage structure. Im)Conversion of garage space to an accessory dwelling unit is prohibited unless the garage space is replaced. Space within a garage that exceeds what is necessary for two vehicles may be converted without replacement; and n�n)A minimum of three off-street parking spaces is required in order to add an accessory dwelling unit of any kind. Section 2 Subsection 518.05, Subdivision 8 of the Richfield City Code relating to allowable accessory uses in the R-1 District is amended to read as follows: Subd. 8. Internal, attached, and detached accessory dwelling units shall be allowed, provided that: a) The principal residential structure is a permitted or conditional single- family dwelling; b) No more than one accessory dwelling unit shall be allowed on a lot; c) The lot must meet current minimum width and depth requirements; d) The creation of an accessory dwelling unit shall not create a separate tax parcel; e) An owner of the property must occupy at least one dwelling unit on the lot as their primary place of residence. Proof of homesteading shall be required and variances from this provision shall not be considered; f) A rental license for the non-owner-occupied unit shall be required in accordance with Section 407 of the City Code; g) Accessory dwelling units must have a minimum area of 300 square feet and cannot exceed 800 square feet or the gross floor area of the principal dwelling, whichever is less; h) Principal dwelling units must continue to meet minimum floor area requirements or not increase the degree of nonconformity in this matter; i) The primary exterior materials of an attached accessory dwelling unit must match those of the principal structure. Exterior materials for new construction related to any type of accessory dwelling unit must match the structure to which it is attached; j) The creation of an attached or internal accessory dwelling unit shall not result in the creation of additional entrances facing the public street on the primary structure; k) Exterior stairways leading to an upper story accessory dwelling unit shall be allowed so long as the staircase and railing are not constructed with raw or unfinished lumber; 1) Detached accessory dwelling units are permitted only as a part of an approved accessory garage structure. tm)Conversion of garage space to an accessory dwelling unit is prohibited unless the garage space is replaced. Space within a garage that exceeds what is necessary for two vehicles may be converted without replacement; and mn)A minimum of three off-street parking spaces is required in order to add an accessory dwelling unit of any kind. Section 12 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this day of ' 2015. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGB\DA SEC11M CONSEVf CALB\DAR AGB\M IBM# 5.F. STAFF REPORT NO. 119 CITY COUNCIL MEETING a a 8/11/2015 REPORT PREPARED BY: Matt Brillhart, Planning Technician DEPARTMENT DIRECTOR REVIEW: John Stark,Community Development Director 8/4/2015 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: Steen L. Devich 8/8/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a resolution authorizing an interim use permit to allow Richfield Bloomington Honda to use City-owned property at 7700 Pillsbury Avenue for employee parking. EXECUTIVE SUMMARY: Richfield Bloomington Honda("Honda")is currently constructing a new building on their dealership campus,as approved by the City Council in 2013. Honda plans a phased expansion, including a parking structure to be built by 2020.Site constraints and construction continue to require that employees park their personal vehicles off-site. Honda is requesting to continue leasing the City-owned property at 7700 Pillsbury Avenue for temporary use as an employee parking lot,as they have been doing since August 2013.This property is zoned Mixed-Use Neighborhood(MU-N)and parking as a standalone use is not permitted;therefore an interim use permit (IUP)is necessary. Honda's previous interim use permit expired in March 2015.They have applied for a new five-year interim use permit (the maximum length allowed).Staff is recommending approval of a three-year interim use permit,effective immediately and terminating on July 31,2018. The applicant would continue to be responsible for routine maintenance including snow removal. 7700 Pillsbury Avenue is City-owned property and is the portion of the former City Garage site that lies south of 77th Street. No redevelopment plans are proposed for the property at this time.Should land use approvals be granted for a code compliant use,terms of the interim use permit and lease would allow the City to terminate these agreements. In order to approve the interim use permit,the Council must find that the temporary nature of the permit warrants waiving certain provisions of the Zoning Code,specifically,the prohibition of parking as a standalone use. The Planning Commission voted unanimously to support issuance of a three-year interim use permit. RECOMMENDED ACTION: By Motion:Approve a resolution authorizing a three-year interim use permit to allow a standalone parking facility at 7700 Pillsbury Avenue. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT The historical context is contained in the Executive Summary. B. POLICIES(resolutions,ordinances,regulations,statutes.etch • The purpose of an interim use permit is to allow a use that may not be compatible with the Comprehensive Plan to operate for a limited period of time. Interim use permits are designed to allow a use that is presently acceptable, but that with anticipated development,will not be acceptable in the future. • The Council may waive ordinance provisions upon a finding that the temporary nature of the interim use will eliminate the adverse effects the provisions were intended to prevent. The Council must find that the temporary nature of this permit makes the nonconforming use permissible at this time. • In evaluating a request for an interim use permit,the Planning Commission and City Council shall also consider its compliance with the criteria outlined in Subsection 547.15 of the City Code and further articulated in the attached document. • Staff recommends approval of a three-year interim use permit.The interim use permit would run from August 11,2015 through July 31,2018. In conjunction with the previous interim use permit,the term length would be five years total. • By Ordinance,interim use permits terminate upon the occurrence of any of the following events,whichever first occurs: a)The date or event stated in the permit(e.g.approval of a new development);or b)Upon violation of conditions under which the permit was issued. • Approval of an interim use permit would be conditioned upon paving and striping the remaining parking area as indicated on the attached site plan,performing patch repair as necessary and regularly clearing the lot of any debris.The lot is to be used for employee parking only. No parking of inventory vehicles or customer vehicles shall be permitted at any time. A maximum of 77 vehicles shall be stored on site and no vehicles shall be parked or stored on grass buffer areas. C. CRITICAL TIMING ISSUES: The 60-day clock'started'Men a complete application was received on July 1,2015.A decision is required by August 30,2015 OR the Council must notify the applicant that is extending the deadline(up to a maximum of 60 additional days or 120 days total) for issuing a decision. D. FINANCIAL IMPACT: The Council will also consider a lease agreement for the City-owned property at the August 11,2015 meeting. E. LEGAL CONSIDERATION: • A public hearing was held before the Planning Commission on July 27,2015. • Notice of the public hearing was published in the Sun Current newspaper in accordance with State and Local requirements. No members of the public spoke. • The Planning Commission recommended approval of the proposed interim use permit(5-0). ALTERNATIVE RECOMMENDATION(S): • Recommend approval of an interim use permit for a different length of time(up to five years maxmum). • Recommend approval of an interim use permit with additional conditions. • Recommend denial with a finding that the requirements necessary to issue an interim use permit are not met. PRINCIPAL PARTIES EXPECTED AT MEETING: Tim Carter, Richfield Bloomington Honda ATTACHMENTS: Description Type D Resolution-interim use permit Resolution Letter D Interim use permit requirements Backup Material D Consent agreement Contract/Agreement D Site plan Exhibit D Zoning&Planning maps Exhibit RESOLUTION NO. RESOLUTION APPROVING AN INTERIM USE PERMIT TO ALLOW A STANDALONE PARKING FACILITY BY RICHFIELD BLOOMINGTON HONDA AT 7700 PILLSBURY AVENUE WHEREAS, the City of Richfield (the City) adopted a Comprehensive Plan in 2009 to guide the development of the community; and WHEREAS, the City has adopted a Zoning Ordinance or other official controls to assist in implementing the Comprehensive Plan; and WHEREAS, an application has been filed with the City of Richfield which requests an interim use permit to allow Richfield Bloomington Honda (the "Applicant") to conduct off-site employee parking at 7700 Pillsbury Avenue; and WHEREAS, the Property is zoned Mixed Use — Neighborhood (MU-N); and WHEREAS, the requested interim use of the property is not permitted in the MU-N District; and WHEREAS, the City Council finds that the temporary nature of the proposed interim use eliminates the adverse effects the prohibition was intended to prevent. Termination of the permit in three years, or upon granting land use approvals for code-compliant redevelopment plans, eliminates the detriment that a standalone parking facility will have on the area; and WHEREAS, the Planning Commission held a public hearing on July 27, 2015 to review the application for an interim use permit, following mailed and published notice as required by law; and WHEREAS, the City Council has reviewed all materials submitted by the Applicant; considered the oral and written testimony offered by the applicant and all interested parties; and has now concluded that the application is in compliance with all applicable standards and can be considered for approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The proposed interim use permit request meets all applicable conditions and restrictions stated in Subsection 547.15 of the 2007 Zoning Ordinance. 2. An interim use permit for a standalone parking facility by Richfield Bloomington Honda at 7700 Pillsbury Avenue, as described in City Council Staff Report No. is approved with the following conditions: a. That the interim Use Permit will expire on July 31, 2018, or upon violation of the conditions under which the permit was issued, whichever occurs first. b. That the City may terminate the interim use permit in the event that land use approvals are granted for code-compliant redevelopment plans. c. That the parking lot is to be used for employee parking only. No parking of inventory vehicles or customer vehicles shall be permitted at any time. d. That a maximum of 77 vehicles be stored on site. e. That no vehicles be parked or stored on grass buffer areas. f. That the parking area be fully paved, patched where necessary, and striped accordingly, as shown on the approved site plan. g. That the lot be regularly cleared of debris. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of August 2015. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk Interim Use Permit Requirements Subsection 547.15 Subd. 3. a) The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are felt upon adjacent properties. Staff recommends that the permit expire in three years. At that time, if conditions continue to warrant, the Council may issue a new Interim Use Permit to the applicant. It is not anticipated that employee parking will adversely impact the community or this area within the duration of the interim use permit. b) The use will terminate upon a date or event that can be identified with certainty. Interim use permits may not be granted for a period greater than five (5) years. Staff recommends termination on July 31, 2018. c) The use will not adversely impact the health, safety and welfare of the community during the period of the interim use. It is not anticipated that employee parking will adversely impact the community or this area within the duration of the interim use permit. d) The use is similar to existing uses in the area. Surface parking lots are a common feature in the area, due to the proximity to Richfield Bloomington Honda's main campus. e) An interim use shall conform to zoning regulations except the City Council may waive ordinance provisions upon a finding that the temporary nature of the interim use will eliminate the adverse effects the provisions were intended to prevent. The site is zoned Mixed-Use Neighborhood (MU-N) and is currently vacant. The short-term nature of the permit will not prevent future mixed-use redevelopment of the site. f) There is adequate assurance that the property will be left in suitable condition after the use is terminated. The property owner has signed a consent agreement agreeing to this condition. g) By agreement, the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. N/A. The property is owned by the City. h) The property owner, by agreement, agrees to any conditions that the City Council has deemed appropriate for permission of the use, including a condition that the owner will provide an appropriate financial surety to cover the cost of removing the interim use and interim structures upon the expiration of the interim use permit. The applicant must comply with all conditions of the interim use permit. i) The property owner agrees to abide by any additional conditions that the Council deems appropriate for permission of the use. CONSENT AGREEMENT WHEREAS, on November 13, 2407 the City Council of the City of Richfield adopted Ordinance No. 2407-19,which establishes a framework for regulating temporary use of land through the issuance of interim use permits; and WHEREAS, Section 547.15 Subdivision 2 of this Ordinance requires an applicant for an interim use permit to sign a Consent Agreement wherein the applicant acknowledges and agrees that the proposed interim use will not impose additional costs on the public if there is a future need for public acquisition of the applicant's property thr ,,-,gh eminent domain,that the applicant has no entitlement to future reapproval of the ir.teri-n u:,,: permit and that the applicant will abide by the conditions of approval that the City Council a!lches to the interim use permit; NOW, THEREFORE, Ri(,V-,Cr-uX) as applicant for an interim use permit for � pL 4' � A k m at �7�C"rJ ► h i.( V, � (use of property) (location) agree as follows: 1. The applicant acknowledges that the proposed use is temporary and terminates upon expiration of the interim use permit. The applicant has no legal or equitable right to future reapproval of the interim use permit and must file a new application for that purpose. 2. The applicant will comply with all conditions imposed by the City Council on the interim use permit. 3. This Consent Agreement shall be binding on any owner, operator, tenant and/or user of the property for which the interim use permit has been granted and the applicant is authorized to sign this Consent Agreement on behalf of said o er, operator,tenant and/or user of the property. DATED• C— �L q" t� App ant STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 21 day of • tti Y\Q 20y ,the of a Minnesota on behalf of said company. Notary Public VomX5 W pxT"" //r _� ��PUBS /3►�yt7 Edb99 NW`al31jH0la 1S H1LL M 409 Q VGNOH NMNIWOOlB al313HO1d uoiJan,Jsuo� �J�WfeAlWf�/lfil1�L�'�LIIJIW�)kf�/\\ ,away Hlnos 3nN3nv AHnosi7id i W F C7 z Y W Q Ir f 0_ Ir / � o 0_ ui W H W O W i �w CC a' w w x 1 s"lavas avoaniva x Z� U N 3 L 3nH Hl2JOM3 1NM W o o = `D a a0 � U H O a` K LO o 0 0 0 o W z o s r U) O = z N O1 3nv�.bnas��id � o �M W •� w m a @ O 1 � U o E 0 o a o a � o p � Y a ftt a �O E O g z U i.i L o o m (D N U y E a - `^ �,/) N 3 d <6 � C Y L O a N N 3nH aNV2J`J E E o a O E U O o Tm=. N @ 3 N E C c p Q z OJ E CS1 N �i O K U 2jE 2 000fpx U U p=p d'U2�� a x Z N 3 _ N 3nH Hl2JOM1N3M W o o = `D a az z z � o � U H O W W z z z z z a w :� 3 - - m z tD U r LO �i 2 o M O N O1 3nv�bnas��id o �M W •� w m aLL@ 1 O U o E ` J o o / � a a� ` p O E N o O L `n N iE a g a s ^ o6 m VJ -E a m c 77 ^ c m c a i� 3nv aNvb9 O " Q�2mm O »:E E a a a E W z X X C LLw p Z y 5-- K z p O N c »g �- AGB\DA SEC11M CONSENT CALB\DAR AGB\M IBM# 5.G. STAFF REPORT NO. 120 CITY COUNCIL MEETING a a 8/11/2015 REPORT PREPARED BY: Myrt Link,Community Development Accountant DEPARTMENT DIRECTOR REVIEW: John Stark,Community Development Director 8/4/2015 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: Steven L. Devich 8/5/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a request for a Temporary Parking Lease Agreement for Richfield Bloomington Honda to use City-owned property at 7700 Pillsbury Avenue for employee parking. EXECUTIVE SUMMARY: The expansion plans of Richfield Bloomington Honda(Honda)requires parking employee vehicles off-site Mile construction is underway. Parking as a standalone use is not permitted in any zoning district;therefore an Interim Use Permit(IUP)is required to allow this non conforming use. As part of the IUP,a Temporary Parking Lease Agreement(Agreement)laying out the terms of the Agreement such as rent, maintenance,and insurance is required. The Agreement calls for Honda to pay$8,568 per year for the use of the lot. RECOMMENDED ACTION: By Motion: Approve a Temporary Parking Lease Agreement for Richfield Bloomington Honda to use City-owned property at Pillsbury Avenue for employee parking. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • On July 27,2015 the Planning Commission held a public hearing and approved(5-0)a three-year IUP for off-site employee parking at 7700 Pillsbury. • The City Council will consider a three-year IUP at the August 11,2015 meeting. • 7700 Pillsbury is a portion of the former City Maintenance Garage that is located south of 77th Street. The property is currently vacant and no redevelopment plans are proposed at this time. B. POLICIES(resolutions,ordinances,regulations,statutes.etch Parking as a standalone use is not permitted in any zoning district;therefore an IUP is required to allow this nonconforming use. As part of the IUP,a Temporary Parking Lease Agreement laying out the terms of the Agreement such as rent,maintenance,and insurance is required. C. CRITICAL TIMING ISSUES: The previous Temporary Parking Lease Agreement expired in March 2015. D. FINANCIAL IMPACT: Honda will pay the City$8,568($714/month)per year in rent for parking on the property. This rental amount reflects a 2.5% increase over the rent established with Richfield Bloomington Honda in the previous lease agreement. E. LEGAL CONSIDERATION: The Agreement was drafted by the City Attorney. ALTERNATIVE RECOMMENDATION(S): Approve the attached Agreement with additional and/or amended stipulations. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type ❑ Temporary Parking Lease Agreement Cover Memo TEMPORARY PARKING LEASE AGREEMENT THIS TEMPORARY PARKING LEASE AGREEMENT (the "Agreement"), made as of this day of , 2015, by and between the CITY OF RICHFIELD, a municipal corporation under the laws of the State of Minnesota (the "City"), as Lessor, and RICHFIELD BLOOMINGTON HONDA("RBH"), as Lessee. RECITALS WHEREAS, the City is the owner of the real property described and depicted on Exhibit A and located at 7700 Pillsbury Avenue in the City of Richfield, Hennepin County, Minnesota (the "Parking Property"); and WHEREAS, the City has authority and desires to Lease to RBH, the Parking Property for temporary use as an employee parking lot; and WHEREAS, on August 11, 2015, the City approved an interim use permit ("IUP") for RBH to use the Parking Property as a parking facility subject to certain conditions; and WHEREAS, the City and RBH desire to further reduce to writing their agreement with respect to the lease of the Parking Property. NOW, THEREFORE, in consideration of the mutual covenants contained in this agreement, the receipt and sufficiency of which are acknowledged by the parties, the City and RBH agree as follows: 1. The Lease. Subject to the terms and provisions of this Agreement, the City leases to RBH the Parking Property located at 7700 Pillsbury Avenue in the city of Richfield, Minnesota and described and depicted on the attached Exhibit A. RBH accepts the Parking Property in "as is" condition. 2. Term. The term of this Agreement will commence on August 11, 2015 and expire on July 31, 2018 pursuant to the terms of the IUP. 3. Rent. RBH will pay to the City $8,568 per year ($714 per month) as rent for the Parking Property. 4. Maintenance and Limits on Use. During the term of this Agreement, RBH shall repair and maintain the Parking Property, including but not limited to, sweeping and snowplowing, at its own expense. At the end of the term, RBH shall surrender the Parking Property to the City in the same state of repair as the beginning of the term, with reasonable wear and tear excepted. RBH may use the Parking Property for parking purposes only and subject to all conditions of the IUP. 4284570 MDT RC145-673 I 5. Assignment and Subletting RBH shall have no right, without the City's prior written consent, to sublet the Parking Property, in whole or in part. 6. Insurance. RBH shall during the entire term of this Agreement keep in full force and effect a policy of liability and property damage insurance with respect to the Parking Property. The limits of liability shall be the same as the policy limits which RBH currently carries on RBH property. The Policy must name the City as an additional insured and shall contain a provision that the City will receive notice of any cancellation of the policy at least thirty (30) days in advance of the cancellation. 7. Indemnification. RBH shall at all times defend and indemnify the City, its agents, officials, and employees, against any and all claims or causes of action arising out of RBH's lease or use of the Parking Property. 8. Event of Default and Remedies. The failure of RBH to observe any term or condition of this Agreement shall be a default. Upon such default, the City shall have the option to terminate this Agreement after notifying RBH of the default and giving RBH 30 days to cure the default. If RBH fails to cure the default, then the City may terminate the Agreement and retake possession of the Parking Property. If the City terminates this Agreement, RBH must pay any remaining balance of rent, prorated to the last day of the month of termination. RBH must remove any fixtures or personal property by the termination date, or such fixtures or personal property shall become the property of the City. 9. Entire Agreement; amendment. Except for the terms of the IUP, this Agreement contains the entire agreement between the parties. There are no verbal understandings or agreements different from those stated in this Agreement. Any amendments or modifications to this Agreement must be in writing and signed by both parties. 10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 11. Waiver. In the event any provision contained in this Agreement is breached by either party and thereafter waived by the other party, such waiver is limited to the particular breach so waived and shal I not be deemed to waive any other breach. 12. Severability. If any term of this Agreement is held invalid, illegal, or unenforceable, the validity of all other terms of this Agreement shall not be affected. 13. Notices. Any communication under this Agreement must be sent by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to the following: 4284570 MDT RC145-673 2 To RBH: To City: City of Richfield Attn: John Stark 6700 Portland Avenue Richfield, MN 55423-2560 14. Counterparts. This Agreement may be signed in counterparts, each of which constitutes one and the same instrument. IN WITNESS WHEREOF, the parties have duly executed this Agreement on the date first stated above. RICHFIELD BLOOMINGTON HONDA: CITY OF RICHFIELD By: By: Its: City Manager Its: By: Its: Mayor 4284570 MDT RC145-673 3 AGB\DA SEC11M RELIC HEADINGS AGB\M IBM# 7. STAFF REPORT NO. 121 CITY COUNCIL MEETING a a 8/11/2015 REPORT PREPARED BY: Betsy Osborn,Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthome, Public Safety Director 7/21/2015 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: Steven L. Devich 8/8/2015 ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the approval of new On Sale Wine and 3.2 Percent Malt Liquor licenses for My Burger Operations, LLC d/b/a My Burger,located at 6555 Lyndale Avenue South. EXECUTIVE SUMMARY: On June 11,2015,the City received the application materials for new On Sale Wine and 3.2 Percent Malt Liquor licenses for My Burger Operations, LLC d/b/a My Burger,located at 6555 Lyndale Avenue South. My Burger is a new addition to the City of Richfield at the developing Lyndale Station property. All required information and documents have been received. A pro-rated fee for the duration of five months has been received. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the background investigation report. None of the information in the report would cause the Public Safety Director to recommend denial of the requested licenses. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the issuance of new On Sale Wine and 3.2 Percent Malt Liquor licenses for My Burger Operations,LLC d/b/a My Burger, located at 6555 Lyndale Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT The applicant has satisfied the following requirements for issuance of licenses: • The required license fees have been paid. • Real estate taxes are current. • Proof of commercial and liquor liability insurance have been received showing West Bend Mutual as affording coverage. As a result of this being a new request for On Sale Wine and 3.2 Percent Malt Liquor licenses,there is no need for an accountant's statement regarding food/alcohol ratio. As stated in the Executive Summary,the Public Safety Director has reviewed the background information and sees no basis for denial. On Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No.9511, wfiich outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance of On Sale Intoxicating Liquor and Sunday licenses. The Notice of Public Hearing was published in the Richfield Sun Current on July 30,2015. B. POLICIES(resolutions,ordinances,regulations,statutes.etch Richfield City Code Section 1202 requires owners of On Sale Wine and 3.2 Percent Malt Liquor license establishments to comply with all the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: Licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution No.9511 must be met,wfiich outlines the discipline they can expect if any on-going problems occur. A copy of this resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATION(S): • The Council could decide to deny the requested licenses,wfiich would mean the current applicants would not be able to serve On-Sale Wine and 3.2 Percent Malt Liquor; however, Public Safety has found no basis to deny the license. • Schedule the hearing for another date;however,this will delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: John Abdo-President/On Premise Manager ATTACHMENTS: Description Type ❑ My Burger Summary of Background Inxestigation Backup Material SUMMARY OF BACKGROUND INVESTIGATION FOR MY BURGER OPERATIONS, LLC D/B/A MY BURGER Officers: John Lawrence Abdo — President Paul Melvin Abdo —Vice President Lawrence William Abdo - Chairman Criminal Histories: Criminal history checks were conducted on the applicants. The applicants showed no convictions that would prevent them from holding or being party to a liquor license. John Abdo who is the President is also serving as the On-Premise Manager. Premises: The applicants have provided a copy of the rental agreement showing Lyndale Station, LLC holding financial interest as lessor of the property. Record of Service Calls: Being this is a new business, there are no records of service calls. Violations: Being this is a new business, there are no violations for sale of alcohol to underage youth. Routine Information: On sale Wine and 3.2 Percent Malt liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On Sale Wine and 3.2 Percent Malt Liquor licenses. The notice of Public Hearing was published in the Richfield Sun Current on July 30, 2015. 081115 My Burger AGENDA SECIIM PROPOSEID OF0NANC>=S AGENDA IBM# 8. STAFF REPORT NO. 122 CITY COUNCIL MEETING a a 8/11/2015 REPORT PREPARED BY: Betsy Osborn,Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthome, Public Safety Director 8/6/2015 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Steen L. Devich 8/6/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of the second reading of an ordinance changing Sunday hours of alcohol service from 10:00 a.m.to 8:00 a.m. EXECUTIVE SUMMARY: The City Code currently states that hotels, restaurants and clubs that hold an on-sale intoxcating liquor license may obtain a Sunday sales license and serve alcoholic beverages between the hours of 10:00 a.m.Sunday and 2:00 a.m. Monday. On May 1,2015,the Governor signed the Omnibus Liquor Bill that includes language allowing the sale of intobcating liquor to begin at 8:00 a.m.on Sundays. The City is not required to allow Sunday liquor sales at 8:00 a.m. It is optional under State law. The first reading of this ordinance amendment was heard by the City Council on July 28,2015. RECOMMENDED ACTION: By Motion: Approve the second reading of an ordinance allowing for Sunday liquor sales to begin at 8:00 a.m. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT The City has historically allowed Sunday liquor sales to begin at 10:00 a.m.,consistent with State law. B. POLICIES(resolutions,ordinances.regulations,statutes.etch • The City Code currently allows Sunday liquor sales to start at 10:00 a.m. • On May 1,2015,the Omnibus Liquor Bill included language allowing Sunday liquor sales to begin at 8:00 a.m. • The City has the authority to regulate liquor sales and hours of operation for liquor establishments in the City. • Adopting the earlier time will provide greater flebbility for establishments holding Sunday licenses. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: There is no financial impact. E. LEGAL CONSIDERATION: The City Attorney drafted the ordinance and will be available for questions. ALTERNATIVE RECOMMENDATION(S): The Council could leave the City Code as is,which means that those liquor establishments with Sunday licenses would not be able to serve alcohol until 10:00 a.m.on Sundays. PRINCIPAL PARTIES EXPECTED AT MEETING: There are no parties expected at this meeting. ATTACHMENTS: Description Type ❑ Sunday 8:00 a.m. Liquor Ordinance Ordinance BILL NO. AN ORDINANCE AMENDING SECTION 1202 OF THE CITY CODE PERTAINING TO SUNDAY LIQUOR SALES THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 1202.05, subd. 3(c), of the Richfield City Code is amended as follows: Subd. 3. Types of licenses. The following types of licenses will be issued by the City: (c) Sunday Sales. (1) Hotels, restaurants and clubs that hold an on-sale intoxicating liquor license and that have facilities for serving not less than 40 guests at one (1) time, may obtain a Sunday sales license and serve alcoholic beverages between the hours of 10:00 8:00 a.m. Sunday and 2:00 a.m. Monday in conjunction with the serving of food. (2) No separate public hearing, bond, investigation fee or insurance is required for a Sunday sales license. (3) An applicant for a Sunday sales license may adopt, and need not repeat, the information contained in its on-sale license application, for use in its Sunday license application. Sec. 2. Subsection 1202.21, subd. 2, of the Richfield City Code is amended as follows: Subdivision 1. All licenses are subject to the restrictions in this subsection, unless otherwise provided. Subd. 2. Hours of operation. (a) No sale of alcoholic beverages may be made: (1) Between the hours of 2:00 a.m. and 10;00 8:00 a.m. on Sunday; and (2) Between the hours of 2:00 a.m. and 8:00 a.m. on Monday through Saturday. (b) Any establishment that keeps or sells alcoholic beverages must be closed to the public by 2:00 a.m. After 2:00 a.m., no person may remain on the premises, except the owner or licensee, or the owner's or licensee's agents or employees only for the purpose of cleaning, preparing meals, making repairs or performing other work-related duties. (c) It is unlawful for alcoholic beverages to be drunk or consumed on the licensed premises during the times when the sale of alcoholic beverages is prohibited. During the times that such sale is prohibited, no alcoholic beverages are permitted to be on any table, booth, bar, or other place in the licensed premises. 1 Sec. 3. This Ordinance will be effective in accordance with Section 3.09 of the City Charter. Passed by the City Council of the City of Richfield, Minnesota this 11 t" day of August, 2015. By: Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk 2 AGB\DA SECIIM OTHER BUSINESS AGB\M 788# 9. STAFF REPORT NO. 123 CITY COUNCIL MEETING a a 8/11/2015 REPORT PREPARED BY: Jeff Pearson,Transportation Engineer DEPARTMENT DIRECTOR REVIEW: Kristin Asher,Acting Public Works Director 8/4/2015 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: Steen L. Devich 8/5/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of a proposal for WSB and Associates, Inc.to provide preliminary and final design services and environmental documentation for the 77th Street East Extension and Trunk Highway 77 Crossing project for an amount of $2,146,841.92. EXECUTIVE SUMMARY: In May,the City released a Request for Proposal(RFP)to design firms for preliminary and final design services for the 77th Street Extension and Trunk Highway 77 Crossing project.Three proposals were received and the highest scoring proposal was WSB and Associates, Inc. Proposed fees associated with their proposal are$2,146,841.92. The proposed work will be fully funded by the$2,500,000 in the 2014 Local Road Improvement Program (LRIP)grant funds the City received for preliminary and final design.A copy of the letter awarding that funding and authorizing the selection of the consultant is attached. Because LRIP funds are not typically used for design, MnDOT is in the process of completing a custom grant agreement for this funding that will need to be approved by the City Council at an upcoming meeting. However,they have confirmed that consultant work can begin before that agreement is finalized. RECOMMENDED ACTION: By Motion:Approve hiring of WSB and Associates,Inc.to provide preliminary and final design services and environmental documentation for the 77th Street East Extension and Trunk Highway 77 Crossing project for an amount of $2,146,841.92. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • The cost estimate to complete the 77th Street Underpass, including design,right of way,and construction is$22.5 million. • The 77th Street Underpass was earmarked in 2014 legislation to be funded through the LRIP; however,a total was not included in the earmark. • After considerable negotiation, MnDOT agreed to award$2.5 Million for the design of the project with the understanding that additional money could be awarded in the future once design was in progress or complete. • The LRIP funds in this award can only be used for consultant work.City staff time will be covered using city funds. • Mn DOT administers the LRIP funding and requires a grant agreement with the City,which is in progress. • An RFP for the design of the 77th Street Extension and TH 77 Underpass was released in May 2015. • Three proposals were received by the June 19,2015 deadline and scored using a"qualification based selection criteria." Under this selection method,the proposals were each scored on a variety of categories. Cost proposals were kept sealed in a separate envelope until scoring was complete at which point the winning envelope was opened for review and negotiation. • The proposal from WSB and Associates, Inc.scored the highest and their cost proposal was$2,146,841.92. • Money awarded in this grant will only cover the$2,146,841.92 proposed for design.According to MN DOT,the remaining portion of the$2.5M after design is complete will go back into the LRIP for redistribution to other projects. • An additional$10 Million for the 77th Street project was included in the 2015 bonding bill to be used for right-of-way acquisition and construction costs. B. POLICIES(resolutions.ordinances.regulations,statutes.etch Increasing capacity of the I-494 corridor and the 77th Street crossing of TH 77 are identified in the City's Comprehensive Plan (Chapter 6-Transportation). C. CRITICAL TIMING ISSUES: Design and right-of-way acquisition must be complete to make the project"shovel ready". D. FINANCIAL IMPACT: • The consultant design costs will be fully covered by the Local Road Improvement Program(LRIP)grant funds. • City staff costs related to the design will be covered using other city funds. E. LEGAL CONSIDERATION: The City Attorney will be available for any questions. ALTERNATIVE RECOMMENDATION(S): The Council may choose to not approve the design consultant selection and direct staff how to proceed;however,this would delay the start of design work. PRINCIPAL PARTIES EXPECTED AT MEETING: None anticipated ATTACHMENTS: Description Type D LRIP Funding Letter Backup Material D WSB Work Plan Backup Material D WSB Cost Estimate Backup Material DOESOT4'VO Minnesota Department of Transportation State Aid for Local Transportation OFraP`'y¢O 395 John Ireland Boulevard, MS 500 Saint Paul, MN 55155 July 31, 2015 Jeff Pearson Richfield Transportation Engineer 1901 E 66th Street Richfield, MN 55423 In reply refer: Grant from Minnesota State Transportation Fund 2014 Local Road Improvement Program (LRIP) —Acct 272 GF Cash MnDOT Agreement No. 071315 S.A.P. 157-594-002 Dear Mr. Pearson: Thank you for submitting an application for the Local Road Improvement Program for the design of the 77th Street Underpass in the City of Richfield. This project was selected to receive $2,500,000 of Local Road Improvement Program (LRIP) funds to help pay for city costs associated with this project. You are now authorized to advance the status of this project. Your request for a grant for design of the 77th Street Underpass is approved. Your total LRIP funding is capped at $2,500,000 for the project. Submit an excel format low bid abstract electronically to Sandra Martinez (Sandra.martinez(a-),state.mn.us) after the opening of bids. The MnDOT grant agreement is required before the grant can be authorized. Your MnDOT agreement number is 071315 and should be referenced in the upper right hand corner of the LRIP general fund grant agreement. The grant agreement will be with the city and the state. Please submit 3 original copies of the grant agreement to my office for approval. Because this project is using funds for Design, you will need an agreement template unique to this project. Please contact Patti Loken for the correct template to be used for the grant agreement. A sample LRIP resolution can be found on the state aid website. Local Road Improvement Funds $2,500,000.00 Local Funds 0.00 Total $2,500,000.00 Sincerely Ted Schoenecker Deputy State Aid Engineer cc: Dan Erickson, Metro State Aid Engineer An Equal Opportunity Employer Q 0 020' © v O Work Plan 1 . Project Management: WSB will be proactive in managing this project to ensure that the project stays on schedule and within budget. The following subtasks will be completed as part of the project management task. a. Project Schedule: Prepare project schedule and update on a monthly basis. b. Project Team Meetings: Hold monthly project team meetings to exchange information, review progress and deliverables. c. Project Organization: Establish project filing system, file sharing and project standards. d. Quality Control: Prepare quality control plan and monitor compliance with the plan. e. Project Cost Control: Monitor project budget and schedule. Prepare work orders for major tasks and subconsultants. f. Progress Reports: Prepare and submit monthly progress reports along with the project invoices. g. Client Strategy Meetings: Hold weekly discussions with the City to discuss project issues and direction. h. Subconsultant Contracts: Contracts will be prepared with all subcontractors that will define their scope of work, and billing terms. The contract will also include all of the required federal language. 2. Public Involvement Plan: WSB will prepare a public involvement plan that will document the communication timing and methods for communicating with the potentially affected interests. The plan will include the following elements: a. Technical Advisory Committee (TAC): WSB will work with the City of Richfield to establish the TAC which will be made up of staff from the affected agencies (City of Richfield, MnDOT, MAC, Metro Transit, and FHWA). It is assumed that there will be up to 24 TAC meetings over the course of the project. b. Traffic Commission and City Council Meetings: WSB will make presentations to the City traffic commission, planning commission, and City council at key points in the study process. Up to three meetings each are assumed. c. Neighborhood/Public Meetings: WSB will hold up to three public involvement meetings to inform the general public about the project and gather their input on alternatives and impacts. d. Other Agency Meetings: WSB will hold up to four meetings with other agencies to coordinate project design. This could include Metro Council, watershed, and other agencies. e. Property Owner Meetings: WSB will meet individually with property owners directly impacted by the project to discuss impacts and alternatives. We have planned for up to ten property owner meetings. f. Other Communication Tools: WSB will provide current materials for posting on the City's website to keep the public informed regarding the project status. g. Meeting Notes and Summaries: WSB will prepare meeting notes or minutes for all project meetings. 3. Field Surveys/Design Surveys: WSB will update all of the boundary information regarding the existing right-of- way of TH 77 and 77th Street and all of the tracts of land adjoining this project. The information to be collected is as follows: • Geographical Information System (GIS) Parcel Mapping • Existing right-of-way plats • Existing subdivision plats • Existing street and utility easements of record • Section corner ties and section calculation sheets • Geodetic control datum • County half-section maps • Ownership and encumbrance reports on adjoining parcels. This information, combined with the field survey data of existing monumentation on the adjoining tracts and right-of-ways, will be used to calculate an accurate, boundary survey grade base map. Accurate base mapping will determine existing right-of-way as well as right-of-way to be acquired. The survey control established during the base mapping phase of the project will be utilized, along with the vertical datum established, to prepare a complete topographical survey of the project site. The field survey will include spot elevations, cross-sections, centerline profiles, all existing features and underground/overhead utilities. The survey data will be collected electronically in the field and downloaded directly to the project CAD file in the office. 4. Geotechnical Services: This phase of the project involves conducting subsurface exploration and testing, laboratory testing and engineering review for the purpose of providing Foundation Reports for the bridge and retaining walls, and a Design Recommendations Report for pavements and embankments. The work will be conducted by AET. AET is familiar with the foundation design of many of the MnDOT bridges in the area. Many of the MnDOT bridges are supported on driven steel monotube piles bearing within the upper sand and gravel strata. These are tapered piles which can, with the right subsurface conditions, derive their capacity at shorter depths than conventional steep CIP or H-piles. 5. Alternatives Analysis and Staging Considerations: WSB will evaluate alternatives for 771h Street that will consider both an underpass and overpass. The evaluation will include construction costs (bridge, walls, roadway, etc), right-of-way costs, staging considerations, noise, environmental impacts, runway safety zone impacts, impacts on future expansion of the TH 77 and 1-494 interchange, utility impacts and drainage considerations. WSB will complete a conceptual design for each alternative and quantify the costs and impacts relative to the above issues. We will provide a summary of our analysis to the City to determine whether the alternative of an overpass should be pursued. If the City wishes to pursue the overpass alternative further we will meet with MnDOT and MAC to discuss the improvements and identify any additional concerns from these agencies. Based on this feedback we will conduct additional analysis to address the agency concerns. This may include operational analysis of the TH 77 and 1-494 interchange to determine the potential need for further improvements at this interchange. 6. Interchange Modification Report (optional): The interchange modification report is required to obtain approval from FHWA for modifications of access to 1-494. Depending on the conclusions from the alternatives evaluation process the 77th Street project could require modifications to access ramps to 1-494. If access to 1-494 is modified and Interchange Modification report may be required to satisfy federal requirements. 7. Staff Approved Layout/Construction Limits: A MnDOT staff-approved layout is needed for the proposed construction of 77th Street under TH 77 since it will impact MnDOT facilities. Although there is a staff- approved layout from 2000, there are potential changes to the layout that was approved. The staff- approved layout will also be used to obtain municipal consent from the City of Richfield. This 77th Street layout may also need to consider MnDOT's long term plans for 1-494 since the 77th Street alignment and the bridges built over 77th Street will provide constraints on the future expansion of the TH 77 and 1-494 interchange. Alternatives that will be discussed during the development of the staff-approved layout will include the following: • Future ramp access to northbound TH 77 from 77th Street • Alignment of TH 77 west frontage road • Alignment of the Southbound TH 77 ramp to WB 1-494 8. Project Cost Estimating: WSB has prepared cost estimates for the project as it is currently envisioned. These cost estimates do include a large contingency to cover items that are currently unknown and will become better defined as we complete the preliminary and final design of the project. WSB will provide cost estimates for alternatives as they are identified to help in choosing the most cost-effective alternative and to ensure that there are sufficient funds to build the final project as designed. WSB will provide updated project costs at key points in the study which will include at the completion of the preliminary design and staff approved layout, 30% plans, 60% plans, 9S9,6' plans and the final approved plans. Key items that may significantly impact project costs include storm drainage, decision on the alignment of the west frontage road and connection to 77th Street, potential ramp to northbound TH 77, and the need to accommodate future improvements to TH 77 and 1-494 interchange. As the project scope becomes better known, the cost estimates will become more accurate and the contingencies should decrease. WSB believes that during the preliminary design phase one of the purposes of the cost estimates is to help in the decision making process. Therefore we would prepare cost estimates for different elements of the project such as the bridges, the storm water drainage system, the lighting, signals, etc. As different alternatives are investigated for addressing these elements, cost comparisons can be provided to help in the decision process. Another purpose of the cost estimates is to determine a financing plan for the project. To assist in developing a complete financial plan, WSB would prepare a preliminary cost participation layout showing the anticipated funding for different elements of the project. The cost participation layout would be based on MnDOT cost participation policies. 9. Governmental Permits and Approvals: A permit application for the project will be developed and submitted to the Richfield-Bloomington Watershed Management Organization. The previous construction of 77th Street incorporated storm water treatment of this section of 77th Street into the plans. However, stormwater regulations have changed and a drainage analysis will be completed to determine if any additional stormwater treatment will be required for this project. Other permits required for this project that will be obtained by WSB include: • MPCA NPDES permit for stormwater discharge • MPCA NPDES permit for dewatering • A DNR water appropriation permit • A Federal Aviation Administration clearance for the Part 77 of FAA Regulations • MnDOT staff-approved layout • MnDOT approval of final construction plans • City of Richfield approval of final construction plans Other agencies that do not have specific permitting or approval authority but are affected by this project include: Three Rivers Park District, Metro Transit, and Metropolitan Airports Commission. The project is not expected to have any direct impacts on the City of Bloomington, but WSB will provide an opportunity for Bloomington to provide input into the project design. 10. Right-of-Way Plan: Information prepared as part of the base mapping phase of the project, as well as information obtained from the final design, will be utilized for the right-of-way plan. The right-of-way plan will include the following: • Existing right-of-way • Proposed right-of-way to be acquired (permanent and temporary easements) with acreages • Ownership information • Parcel identification numbers 1 1 . Environmental Document (Optional) A Project Memorandum was previously completed in 2000 for this project when federal funds were identified for project implementation. Because of the age of this previous environmental document and potential project changes it may be necessary to complete a new environmental document for the project. Once a concept design is selected WSB will meet with MnDOT and the City of Richfield to determine whether the existing Project Memo can be updated or whether a new document should be prepared. We have included hours to prepare a new federal environmental document. 12. Drainage Study: The drainage study must resolve drainage issues for 77th Street as well as determine how the plan will affect flows in the TH 77 corridor. The study will also determine whether the previous plans for treating stormwater runoff from the project are adequate or if additional stormwater treatment is required. The tasks that will be completed to accomplish this include: a. Data Collection: This part of the work effort consists of gathering relevant water resource-related information for the areas tributary to the 77th Street underpass, including the following: - Water resource related agreements - As-built drawings of the existing trunk storm water conveyance system - Water resource related ordinances such as shoreland, floodplain, erosion control, storm water, and/or wetland ordinances - Existing storm water policies for the City of Richfield and City of Bloomington - Available topographic maps of the City of Richfield and City of Bloomington - Existing hydraulic/hydrologic models b. Information will be collected from the following agencies: Minnesota Department of Transportation, City of Richfield and City of Bloomington. c. Develop Preliminary Drainage Study: The water resources data collected as part of the previous tasks will be analyzed, interpreted and modified to reflect the proposed construction. This will be used to develop the preliminary drainage study. The preliminary drainage study will include the following: - Determination of impacts of the proposed construction, including an increase in runoff rate and pollutant loading, it any - Preliminary layout of proposed storm water conveyance system - Preliminary discussion of possible storm water treatment systems d. Present Preliminary Drainage Study: The preliminary drainage study will be discussed with the affected stakeholders to get input on the proposed plan. This will involve meeting with the Minnesota Department of Transportation, City of Richfield and City of Bloomington. e. Develop Final Drainage Study: With the input received as part of the previous tasks, the final drainage study will be developed that will meet the needs of the Minnesota Department of Transportation, City of Richfield and City of Bloomington. 13. Utility Coordination: The proposed construction of the 77th Street underpass could potentially have an effect on public utilities belonging to the City of Richfield as well as impact private utilities. We know that there is an 18" sanitary sewer line that will have to be moved to accommodate the underpass and there also may be a desire to provide water service to the east side of the highway. In addition, there are utilities in the TH 77 west frontage road that may be impacted by the project. Finally, there is a twin 24" MCES sanitary interceptor line in the TH 77 west frontage road that may have to be relocated with the project. In addition to public utilities within the project area, coordination with private utility companies will also be required. WSB will follow MnDOT's utility coordination checklist in working with the private utilities in the corridor. The tasks that would be part of the utility coordination include the following. a. Preliminary Design Stage: The utility aspect of this project will broken down into preliminary and final design stages to match the other elements of design. During the preliminary design stage, WSB will meet with City staff from Richfield to identify any changes that may need to be made as part of this project. We will evaluate the impacts to the existing utility in regard to the proposed bridge and roadway improvements. Impacts to the existing system will be determined based on grade and alignment changes, right-of-way acquisition, and other project related factors. Identified improvements will be prepared as a component of the overall preliminary project plans and reviewed with city staff. A preliminary cost estimate will also be developed based on the identified modifications. b. Final Design: The final design stages of the utility component of this project will include the preparation of plans and specifications based on necessary improvements and modifications to existing systems identified in the preliminary design phase. The design for replacement sanitary sewer and watermain facilities will be coordinated with the design of the bridge and roadways and will be included in the complete plan set for the project. 14. Project Staging Plans: The construction staging plans will be of interest to the businesses and residents that rely on 77th Street or the TH 77 west frontage road for access. In addition, MnDOT will have a major interest because of the impact to traffic on TH 77. We will also review staging plans with MAC and metro transit so they understand the potential impact to their operations. WSB proposes to address the construction staging during the preliminary design phase of the project and get agreement from the affected agencies on how the project will be phased in order to be able to construct the project efficiently while minimizing the amount of disruption to access and traffic. The plan would address how traffic would travel through the area as well as the access into the area. The construction details for the construction staging plan will be developed during final design. The details will address the design for any temporary roadways or ramps and how each of the construction stages would proceed in order to maintain traffic operations. The plan will identify the requirements or restrictions for closures or other changes to the existing traffic flows. 15. Traffic Control Plans: Detailed plans and notes will be prepared by WSB showing the location of signs, barriers and pavement markings necessary to accommodate the construction staging within the project area or via a detour in a manner consistent with the MMUTCD Manual, Field Manual A tabulation showing the description and estimated quantities of traffic control devices by stage will also be prepared. 16. Preliminary Bridge Study and Plans - Phase I: Extensive coordination will be done between bridge layouts and the horizontal and vertical alignment for 77th Street. A key part of the preliminary bridge study will be to consider alternative bridge types and the impact on structure depth. Very little change in the profile of TH 77 will be possible because of the existing bridge just to the south of the proposed bridges. It is desirable to limit how much 77th Street is lowered in order to maintain a gravity outlet for storm water and minimize the excavation costs. The amount that 77th Street must be lowered can be minimized by minimizing the bridge structure depth. a. Bridge Architectural Treatment-WSB will coordinate with the City of Richfield, MAC, and MnDOT to identify any potential architectural treatments for the bridge abutments, retaining walls and bridge railings. WSB will identify potential architectural treatments that would fit with other architectural treatments in the area and develop renderings of how the bridges may look from 77th Street and nearby roadways. Preliminary Bridge and Retaining Walls Plans - Phase II: Preliminary bridge plans will be prepared as well as retaining wall plan and profile. Following, as a minimum, are the plan sheets that will be prepared as part of the preliminary plan submittal: • Title Sheet with Design and General Notes • Bridge Plan and Elevation • Bridge Layout with Abutment Corner Details and Working Point Layout • Unique Architectural Details • Bridge Deck Layout with Superelevation Transitions • Bridge Survey Sheet(s) • Bridge Survey Plan and Profile with Soil Boring Logs • Retaining Walls plan and Elevations Preliminary bridge and retaining wall construction cost estimates and special provisions will be prepared. The plans, construction cost estimate and special provision will be submitted to MnDOT bridge office for their review. The same documents will be included with the highway plans for MnDOT Metro District preliminary submittal. 17. Final Bridge Design and Plant Preparation: Once the preferred alternative has been approved and preliminary plans and layout for each bridge have been established, WSB will begin working on the final designs. All design work will be in accordance with the current MnDOT State Aid Manuals, MnDOT Bridge Manual and Standards, AASHTO Bridge Specifications and any additions required by Richfield. All plan sets will be developed following MnDOT's "Summary of Recommended Drafting Standards" and shall be detailed in Microstation Version 8i (select Series 2) format. It is envisioned that WSB will stagger the submittals for each of the bridges, to allow WSB to progress the design and detailing, while the agencies review the plans. The first submittal will be the partial Plan submittal (30% submittal). Each bridge plan set will consist of the following sheets: general plan and elevation, summary of estimated quantities, bridge layout, construction staging, aesthetic details, framing plan, survey sheet, survey plan and profile, in-place utilities and topography plan. WSB will submit two review sets to Richfield and MnDOT. WSB will also facilitate a project progress/review meeting after this submittal. The second submittal will be the 60% review plan. This plan will consist of beam sheets (or other superstructure element), abutment, and pier sheets at a halfway point of development between the partial plan submittal and the final submittal. The purpose of this submittal is to give the MnDOT reviewer a chance to review WSB's development of the plan set and to make sure it follows the prescribed MnDOT standards and practices. WSB will submit to Richfield and MnDOT two review sets and working copies of the electronic files. At this point, all discussions regarding state aid participation will be properly vetted and communicated. WSB will also facilitate a project progress/review meeting after this submittal. The third submittal will be the 95% Review Plan. This for all practical purposes is the final plan set developed by WSB for submittal to Richfield and MnDOT. It will consist of all final plan sheets for the abutments, piers, superstructure, beam elevations, beam details, bearings, railings, and miscellaneous bridge details. All quantities will be calculated and placed on the summary of estimated quantities sheet. WSB will submit to Richfield and MnDOT two review sets, working copies of the electronic files, engineer's cost estimate (costs split broken down into the proper funding sources), unique special revisions, and the associates design calculations. Richfield and MnDOT will review the final plan, create redline markups, document any design/detailing comments and meet with WSB to return the plan to discuss any plan revisions. The last submittal will be the final certified plan. WSB will respond to comments from Richfield and MnDOT, and then revise the plan and design accordingly. When resolution of comments has occurred, WSB will sign the plan set and submit the original signed set, a copy of the signed set, a bound copy of all design calculations and a DVD consisting of all electronic drawing files and pdf files of the plan, calculations and specifications. 18. Signal Justification Reports and Signal Plans: It has not been determined whether a signal will be needed at the intersection of Longfellow Avenue and 77th Street. WSB will work with MAC, Metro Transit and the City of Richfield to update the traffic forecasts on 77th Street and Longfellow Avenue and use the updated forecasts to determine whether a traffic signal will be warranted long term at this intersection. If forecast volumes are close to meeting signal warrants WSB will develop a signal design for the intersection and include the installation of the underground elements as part of this project. 19. Lighting Plan: A lighting system plan will be developed for 77th Street. The plan will follow the Cities Light design standards. WSB will also evaluate the need for relocating any of the high mast lighting at the TH 77 and I-494 interchange. 20. Aesthetic Design: The purpose of this task will be to review each of the project elements and discuss potential aesthetic design treatments that may be desired in the corridor. This would include the preparation of any landscaping plans for 77th Street or the TH 77 west frontage road. 21 . Final Roadway Construction Plans and Specifications: This task involves preparing final construction plans for the project. The construction plans will incorporate plans that were developed under other tasks including the lighting plans, traffic signal plans, construction staging plans, traffic control plans, bridge plans, landscape plans, aesthetic design details, and utility relocation construction plans. In addition the final construction plans will include title sheet, storm water drainage plans, removal plans, construction plans and profiles, signing and striping, typical sections, cross-sections, intersection details, quantities and tabulations, and engineer's estimate. The plans will be completed using Microstation and GEOPAK and will utilize MnDOT CADD standards. WSB anticipates plan reviews at 30%, 60%, and 95%. The 95% plans would be WSB's 100% plans for final review. Following the final review, WSB would make any final changes and print plans for final signatures. 22. Permitting: WSB will prepare applications for and obtain the necessary permits for the project. 23. Constructability Reviews: WSB will have a senior bridge inspector review the construction plans during key phases of the project to identify any potential issues with construction of the project as it is being designed. This could include the use of sheeting for construction of bridge abutments, adequate staging areas or other factors that sometimes are overlooked in the design process. 24. Quality Reviews: WSB develops a project specific quality plan for each project. A summary plan is included at the end of this proposal. The plan spells out the plan review process and key points in the design process where quality reviews will be conducted. 25. Bid Documents and Advertising: This task involves preparing the final construction bidding documents, which includes but is not limited to, special provisions, bidding instructions, bid proposal, and appropriate MnDOT attachments. The special provisions will include separate divisions for roadway, lighting, signage, signals, bridges, sanitary sewer, and watermain to address special project requirements not covered under "MnDOT Standard Specification for Construction." Each special provision will contain a description, materials, construction requirements, method of measurement, and basis of payment for each item. Deletions and additions to standard specifications will be written and included as necessary. WSB will prepare the advertisement for bidding, coordinate the placement of the advertisement in the appropriate legal paper, and the construction bulletin. WSB will tabulate and verify each qualified bid received to certify the lowest responsible bidder. 26. Right-of-Way Acquisition (optional): We have assumed in this proposal that either the City of Richfield will do the right-of-way acquisition, or it will be a separate contract. WSB has identified staff who could assist with the right-of-way acquisition if desired. 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