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05-24-99 agendaCITY OF RICHFIELD, MINNESOTA MONDAY, MAY 24, 1999 SPECIAL CITY COUNCIL MEETING 6:30 P.M. RICHFIELD CITY HALL HEREDIA ROOM CALL TO ORDER ROLL CALL 1. INTERVIEW OF PERSONS INTERESTED IN SERVING ON CITY COMMISSIONS ADJOURNMENT REGULAR CITY COUNCIL MEETING 7:00 P.M. COUNCIL CHAMBERS RICHFIELD CITY HALL AGENDA INTRODUCTORY PROCEEDINGS CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES OF (1) SPECIAL CITY COUNCIL STUDY SESSION OF MAY 10, 1999 AND (2) REGULAR CITY COUNCIL MEETING OF MAY 10, 1999 PRESENTATION INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO PRINT THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE RECORD. 1. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA AGENDA APPROVAL 2. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR 3. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND . RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL:MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR. AND PLACED ON THE REGULAR AGENDA FOR COUNCIL DISCUSSION AND ACTION. ALL ITEMS LISTED ON THE CONSENT CALENDAR ARE RECOMMENDED FOR APPROVAL. A. CONSIDERATION OF APPROVAL OF LEASE AGREEMENT FOR ANTENNA `~ SPACE WITH SPRINT SPECTRUM LP FOR LOGAN AVENUE WATER TOWER C.L. 109 B. CONSIDERATION OF APPROVAL OF RESOLUTION CERTIFYING .. ~ DEFERRAL OF SPECIAL.ASSESSMENTS.FOR_CERTAIN..ELIGIBLE .... .: HOMEOWNERS C.L._110 C. CONSIDERATION OF APPROVAL°OF RESOLUTION AUTHORIZING REIMBURSEMENT AGREEMENT FOR TRAFFIC CONTROL SIGNAL SYSTEM COSTS FOR RECONSTRUCTION OF TWO TRAFFIC CONTROL SIGNALS AT INTERSECTIONS OF I-35W-EAST:AND WEST RAMPS WITH 66TH STREET C.L. 111 D. CONSIDERATION OF APPROVAL OF REQUEST BY RICHFIELD PUBLIC. SAFETY AND RICHFIELD RECREATION SERVICES DEPARTMENTS FOR ITINERANT FOOD LICENSE WITH FEE WAIVER FOR 1999 SUMMER SEND OFF AT VETERANS MEMORIAL PARK ON MAY 26, 1999 C.L. 112 ~`~ E. CONSIDERATION OF APPROVAL OF NEW 1999 TAXI LICENSE FOR YELLOW & WHITE TAXI COMPANY, 7700 PENN AVENUE C.L. 113 PUBLIC HEARINGS S ~. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION ADOPTING REVISIONS TO RICHFIELD COMPREHENSIVE PLAN, 1997-2007 COUNCIL LETTER NO. 114 5. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING ,~ CONDITIONAL USE PERMIT RENEWAL TO ALLOW CONTINUED USE OF PROPERTY AT 1201 EAST 66TH STREET FOR AUTOMOTIVE REPAIR COUNCIL LETTER NO. 115 PROPOSED ORDINANCE CONSIDERATION OF RESOLUTION AUTHORIZING ACQUISITION OF 6537- 14TH AVENUE TO PERMIT HRA TO PROCEED WITH HENNEPIN TECHNICAL ~ COLLEGE NEW CONSTRUCTION PROJECT AND FIRST READING OF ORDINANCE AUTHORIZING SALE OF PROPERTY TO HRA COUNCIL LETTER NO. 116 RESOLUTIONS 7. CONSIDERATION OF RESOLUTIONS TO SUSPEND LIQUOR LICENSES AND IMPOSE CIVIL PENALTY FOR LIQUOR LICENSE VIOLATIONS AGAINST CHI CHI'S, 7717 NICOLLET AVENUE, AND GROUND ROUND, 1500 EAST 78TH • STREET, FOR SELLING ALCOHOL TO MINORS COUNCIL LETTER NO. 117 • 8. CONSIDERATION OF RESOLUTION SEEKING SUPPORT AND COOPERATION IN IMPLEMENTATION OF SECTION 35 OF OMNIBUS TAX ACT AUTHORIZING ESTABLISHMENT OF AIRPORT IMPACT ZONES RELATED TO NORTH/SOUTH RUNWAY AT MINNEAPOLIS-ST. PAUL INTERNATIONAL AIRPORT COUNCIL LETTER NO. 118 '~ ADMINISTRATIVE REPORTS AND OTHER BUSINESS 9. CONSIDERATION OF AWARD OF CONTRACT TO BRW, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR 77TH STREET PHASE III ~ UNDERPASS PROJECT AND LYNDALE AVENUE BRIDGE OVER I-494 PROJECT IN ESTIMATED AMOUNT OF $2,559,798 COUNCIL LETTER NO. 119 10. CONSIDERATION OF APPOINTMENTS TO ADVISORY BOARD OF HEALTH, HUMAN RIGHTS COMMISSION AND FRIENDSHIP CITY COMMISSION COUNCIL LETTER NO. 120 11. CONSIDERATION OF LEASE AGREEMENT WITH ACADEMY OF HOLY ANGELS FOR LEASE OF BALLFIELD SPACE THROUGH THE BALLFIELD ~ REPLACEMENT PROGRAM . COUNCIL LETTER NO. 121 12. CONSIDERATION OF CITY MANAGER POSITION PROFILE COUNCIL LETTER NO. 122 AIRPORT BUSINESS 13. AIRPORT STATUS REPORT CORRESPONDENCE 14. LEGISLATIVE REPORT COUNCIL CHOICE 15. COUNCIL DISCUSSION ITEMS 16. CLAIMS AND PAYROLLS 17. ADJOURNMENT Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative • Services Director at 612-861-9702. 8. CONSIDERATION OF RESOLUTION SEEKING SUPPORT AND COOPERATION IN IMPLEMENTATION OF SECTION 35 OF OMNIBUS TAX ACT AUTHORIZING ESTABLISHMENT OF AIRPORT IMPACT ZONES RELATED TO NORTH/SOUTH RUNWAY AT MINNEAPOLIS-ST. PAUL INTERNATIONAL AIRPORT COUNCIL LETTER NO. 118 ADMINISTRATIVE REPORTS AND OTHER BUSINESS 9. CONSIDERATION OF AWARD OF CONTRACT TO BRW, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR 77TH STREET PHASE 111 UNDERPASS PROJECT AND LYNDALE AVENUE BRIDGE OVER I-494 PROJECT IN ESTIMATED AMOUNT OF $2,559,798 COUNCIL LETTER NO. 119 X10. CONSIDERATION OF APPOINTMENTS TO ADVISORY BOARD OF HEALTH, HUMAN RIGHTS COMMISSION AND FRIENDSHIP CITY COMMISSION COUNCIL LETTER NO. 120 11. CONSIDERATION OF LEASE AGREEMENT WITH ACADEMY OF HOLY ANGELS FOR LEASE OF BALLFIELD SPACE THROUGH THE BALLFIELD REPLACEMENT PROGRAM COUNCIL LETTER NO. 121 12. CONSIDERATION OF CITY MANAGER POSITION PROFILE COUNCIL LETTER NO. 122 AIRPORT BUSINESS 13. AIRPORT STATUS REPORT CORRESPONDENCE 14. LEGISLATIVE REPORT COUNCIL CHOICE 15. COUNCIL DISCUSSION ITEMS 16. CLAIMS AND PAYROLLS 17. ADJOURNMENT Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative • Services Director at 612-861-9702. /~. CITY OF RICHFIELD, MINNESOTA Council, Letter No. 122 Agenda May 24, 1999 Issue Statement: City Council approval of City Manager recruitment profile. Background: Upon selecting the PAR Group to conduct the City Manager executive recruitment, the. City Council directed Paul Reaume, in conjunction with Lynn & Associates, to conduct a series of public meetings to gather public input for the City Manager recruitment profile. Pursuant to Council direction, a series of public meetings were held over a period of approximately three weeks. Input from those meetings was incorporated into the profile to be used for selection process. The final draft of the City Manager recruitment profile has now been completed by the PAR Group which included a review by Lynn & Associates. This confidential draft copy has been provided to Council under separate cover and will be available to the public after the City Council approves a final version. If the City Council wishes to make changes to the profile, it would be appropriate to inform the Acting City Manager at this time so those changes can be forwarded to the PAR Group to use in a final recruitment profile. If the City Council is satisfied with the profile as it appears in this final draft, the Council should formally approve the profile so that it may be used as the basis to begin the search process. The salary portion of the announcement does not include a specific figure or range at this time. Instead, it is suggested that it be advertised as a competitive salary and benefit package. The actual salary and benefits could be determined by the City Council at a later time based upon the Twin Cities metro market. Recommended Motion: It is recommended that the City Council review and approve the final City Manager recruitment profile. Basis of Recommendation: 1. The City Council has engaged the PAR Group with the assistance of Lynn & Associates to conduct a series of public meetings in order to prepare a City Manager recruitment profile. 2. Those meetings have been conducted and a draft profile has been prepared, edited and reviewed by both the PAR Group and Lynn & Associates. 3. A final draft is submitted to the City Council for their review and approval at this time. LJ ~a-i Alternative Recommendation: 1. The City Council could direct the PAR Group to make modifications to the City Manager recruitment profile. 2. The City Council could direct the PAR Group to hold additional meetings or to use any additional process deemed necessary to further refine the City Manager recruitment profile. Discussion/Decision Mode: In order to generally keep on the schedule targeted by the City Council for the selection of the new City Manager, it is suggested that this City Manager recruitment profile be reviewed and approved at the May 24 City Council meeting. Of course, if the City Council is not satisfied with the profile in its current form, any additional time necessary to change or refine should be taken inasmuch as this is the basis for the recruitment process. R ectfully submitted, n e Acting City Manager SLD:cak • la a ~~ 1999 CITY MANAGER SALARY SURVEY City Population Annual Salary Bloomington 88,700 $104,030.00 (1998) Brooklyn Park 59,550 97,367.00 Burnsville 53,363 102,900.00 Eagan 58,000 99,939.00 Eden Prairie 46,000 108,263.00 Edina 46,100 100,785.00 Golden Valley 21,029 102,977.00 Maple Grove 44,292 Minnetonka 56,000 94,240.00 (1998) Plymouth 57,000 96,303.00 Richfield 35,261 96,637.00 St. Louis Park 43,000 98,098.00 AVERAGE 50, 691 $100,140.00 • CITY OF RICHFIELD, MINNESOTA • Council Letter No. 121 Agenda May 24, 1999 Issue Statement: Approve lease agreement with the Academy of the Holy Angels (AHA) for the lease of ballfield space through the Ballfield Replacement Program. Background: The City of Richfield has identified property owned by the AHA for the replacement of ballfields displaced by the Metropolitan Airports Commission. The property that is incorporated in the AHA school property is located just to the south and east of the dome facility and provides space for two ballfields and a soccer field. Contracts for the improvement of the ballfields have not been let, however, the City Council has previously authorized staff to proceed with plans for specifications and advertisements for bids anticipating the approval of this lease agreement. The lease negotiations for this ballfield have been fairly complex in that they not only involve the AHA and the City of Richfield but also the State of Minnesota Department of Finance and the Attorney General's office. The State of Minnesota through the Attorney General's office must review and agree with provisions of the lease agreement between the City and the AHA in order to ensure compliance with the terms of the grant given to the City of Richfield by the State of Minnesota for the replacement of ballfields. One of the most delicate aspects of those negotiations was the length of the lease • period between the AHA and the City of Richfield. The State of Minnesota was anxious to ensure that the lease was of significant length to ensure that the ballfield issue would not have to be addressed by the State again in the near future. The AHA, on the other hand, was concerned about committing the property for a long period of time without the ability to terminate the lease.. In the end, a compromise was reached. Moreover, the structuring of this lease agreement was made more complex due to the proximity of the ballfields to an adjacent residential neighborhood. In order to address this concern, two neighborhood meetings were held with the residents of the area and their concerns were incorporated into the design of the ballfield improvements. The majority of the neighbors' concerns have been addressed by the plans for the ballfields under consideration. The most significant points of the lease between the AHA and the City of Richfield are as follows: • The term of the lease is 20 years. • AHA can rescind the lease after 5 years, but would have to repay the City the value of the undepreciated portion of the ballfield improvements based upon a 20 year straight line depreciation schedule. • The City would have to apply any such repayment to the replacement of those ballfields. • The City and the AHA have agreed to a preferential scheduling arrangement based on the needs of both. • The AHA would be responsible for 60 percent of the maintenance costs of the fields, while the City's share would be 40 percent. • 11- The A A Board of Directors will be holding their final meeting of the year on May 24. Thus, it is important that this matter be concluded at that time in order for the City to proceed in building these ballfields in a timely manner to allow for their use late this fall and next season. A draft copy of the proposed lease is attached for Council review. However, a final copy which include some minor modifications will not be available until sometime on Monday. Recommended Motion: Approve the lease agreement with the Academy of the Holy Angels regarding the ballfield replacement. Basis of Recommendation: 1. The City of Richfield has received a State grant of $2,000,000 for the replacement of ballfields displaced by the Metropolitan Airports Commission. Approximately $150,000 is targeted for this project. 2. The City has carefully studied available areas within the community to place such fields and has found that the property in question on the AHA land is suitable for a Babe Ruth field, a women's softball field and a soccer field. 3. Meetings have been held with the neighbors and the majority of the concerns expressed by the neighbors have been addressed. 4. The State of Minnesota requires that this lease agreement between the AHA and the City be executed in order for the City to gain access to the grant funds needed to construct these ballfields. Alternative Recommendation: 1. City Council may decide not to enter into this lease agreement. However, the City would have to find another use for the approximately $150,000 of grant funds that would have been used for the construction of these ballfields and provide opportunities for ball play that would be lost. 2. The City Council could consider modifying the lease terms presented in this lease agreement and- seek more favorable terms. Discussion/Decision Mode: City staff is requesting that the City Council consider this matter at the May 24 Council meeting. This would enable closure on the lease agreement on the part of the AHA and the City of Richfield and allow the City to proceed with the construction of the new ballfields_ City Manager SLD:cak • ~~ ~~ o~ ~~•~~ rrum-nurneurw GI(AVtfl +6123378310 T-917 P.02/14 F-380 /'~ LEASE AGREEMENT ! • THIS LEAS)/ AGREEMENT (this '`Luse") i~ made as of the day oI 19», hatween the Academy o2 Hnly Angels ("Academy"), and the City ul Riehiield, a municipal corporation (`-City"). RECITALS A. The City and Academy desire ro work cooperatively to accommodate the recreational use needs of both the City and [he Academy. 6. The Cuy will improve recreational fields {the "Fields"} on real prnperty Located at 660(1 Nirollet Avenue South, consisting of real prnperty owned by the Academy which is Iegally dcsctihed as Exhibit A attached hereto. C. The Ftrlds wilt he used by both the Academy aril the City. D. The Academy has agreed to lease the land to the Ciry fur recreational use. AGREEMENT NOW, Tfi1;R)rF~RE, m consideration of the mutual covenants set fonh below, and for other good and valuable consideration, the receipt and sufficiency ut which >> hereby acknowledged, the partial do here(?y agree: as tolluws: 1. l~etinition~. (a) "Fields" shall have tht ateantng ascribed to it in the recitals above. (b) "Casualty" shall mean a fire, explosion, tornado, tluod, or other cause of sttlous damage to ur destruction of all ur a portion of the Property. (c) "Commencement Date" shall be June 1, 1999. (d} "Improvements" shall mean the appruxtmate $15U,QOO of funded improvements to the Property as se[ fonh in the Plans and Specifications. (~) "Lease" shall mean this Lease, all exhibits attached hereto, and all properly executed amendment, moditi~ations and supplements to this Lease. (f) "operating Costs" means all expenses paid or incurred by the parties in connection with the set up or maintenance of the Fields for recreational use. Operaung Costs may include Tax Costs. r:xc-163400 RC145-34a 1 • 05-21-99 10:12 From-HENNEDY ~ GRAVEN +6123379310 T-817 P.03/id F-39U l~-3 (g) 'Plans ~trtd Sperificanuns" shall mean those plans and specriicanuns, dated 199 prepared by and bearing a project number _ , as approved by the Academy. (h) '`Permuted Uses" shall mean the uses chat the City is permitted to use the Property for which is recreational purposes only: provider!, however, such uses do no[ include any activity where drug ur alcohol use is permrned. (i) "Property" shall mean the area to be leased as described in Exh?hit ~• U) 'Rent" shall mean base rent and Opera[ing C us[s that the City is required. to pny pursuant to the terms of this Lease. (k) "Taking" shall mean acquisittun by a public authority having the power ul eminent domain of all ur pan of tha Property by condemnation or conveyance in lieu of cundemnatiun. (t) "Tax Costs" shalt mean all real estate taxes, levies, charges, and installments of assessments (including intzrest on deterred assassmenrs) assessed, levied ur imposer! on, or allocated w the Property, if any. (m) -'Term" shall mean the period commencing un the Cummenccment Date and continuing untrl terminattun of this Lease on May 31, 2024, unless otherwr~e sooner terminated in accordance with the terms and provisions of this Lease. including the reversion rrght set forth to paragraph ?tl hereof. 2. The Propenv• The Academy hereby .leases the Property to the Ciry, and the Cuy hereby leases the Property from the Academy, fur the duration of the Term, in accordance with the provisions of this Agreement and the following terms and couditiuns. (a) Scheduling. The City shall havt use of the Properly for recreational activities whin the Properly is not in use by the Academy, its officers, employees, independent contractors, agents, students and invrtees. Priority of use and scheduling of the Properly between the Academy and the City shall be determined and allocoted as hereinafter provided. The Academy shall have first priority for use of the Property and shall be responsible for scheduling of use of the Properly ~°~~"*?"!' a neric~d that he~+ August 8 and that ends on the Sunday in lung ~eaCh year C'the Acadrtny Priority Use Period"). The City shall have first griurity for use of the Property and shall be responsible for suhuduling of use of the Pro err ri a n~ erioc~ th ±~ns nn the first Mondav amt •....pa ,. Q....Anv ;.. ~.^nP anti that ends nn Aufru 7 (The "`City Priority Use Period"). {b) Pack party will have the initial responsibility [o respond [o any inquiries from third p-anies during that party's period of priority use. xttc-i~tve tct 13.344 7 05-21-99 10:12 Frum-KENNEDY & GRAWEN +6123379310 T-917 P.04/14 F-390 ~~'~ (c} The Academy shall designate a name for the Fields to be used by the parties in publicity about events. (d) The Ciry will only use the Properly for Permitted Uses. (e) During the City Priority Use Period the City acknowledges and agrees the Property will not be scheduled for use (i) on Sundays before 1_UO P.M., ur (ii) anytime after sundown. 3. Rznt. (a} The City shall pay to Academy during the Term a base rent of One Dollar (~1.(x?) per yaar, payable in advance on the [first day of each anniversary of the Commencement Date. (h) In addiuun to the base rent set forth in Section 3(a) of this Leasr, the City shall throughout the Term pay to the Academy, a.S uperaung rent, a proportionate share ui all annual Operating Cosw. The Cuy's proportionate share of the Operating Costs shall be 4U% of the Operanng Costs. (c) On ~r prior [o the Commencement Date and prior to September 1st oT each ensuing calendar year, or as soon as practicable thereafter, the Academy shall furnish the City with aII estimate of the Operating Costs tar the then current calendar year. Within shiny (30} days after the Academy furnishes the City with such estimate (unless an alternate schedule is agreed to in writirig by :~ttd between the Academy and the City), the City also shall pay to the Academy, as additional rent, an amount equal to the estimated Uperating Costs. (d) After expiration of each calendar year and by March 1 during the Term throughout and including the calendar yaar in which the Term expires, the Rcademy shall furnish the Ciry with a statement of the accu;il Operating Costs for the immediately preceding calendar year. ii the actual Operating Costs are diffatenc from the estimated Operating Cosh, the Operating Rent shall be recalculated using the actual Operating Casts, and within ten (i0) days after the Academy has furnished the City with such statement, the City shall pay the Academy for any shortage for-the immediately preceding calendar year, or the Academy shall refund to [he City arty over payment for the immediately preceding calendar year, as the rase maybe. (e) Each parry shall have the right, within 6 months after the end of any calendar year included in the Tetra, to examine and cause to be audited the other party's books and records relating to Operating Costs for such calendar year (it being expressly understood by the parties to this Lease that such audit nghts only relate w Operating Cost statements and those records of either party which, in the discretiosi of the audiwr, are reasonably necessary to fully audit the Operating Costs and no[ any other books and records belonging to either party). Any such audit shall be conducted by a certified public accountant approved by bath the Academy and the City, which approvals shall not be unreasonably withheld. The results of any such audit shall be conclusive; any adlustnient required as a result of such. audit shall be paid within thirty KKC-160196 KC145-344 3 05-21-99 10:12 From-KENNEDY & GRAVEN +6123379310 T-817 P.05114 F-390 /~'~azter the audit re ort is received by the Academy and the City- The party seeking the (3tf) day P audit shall bzar all costs of the audit unless the audit discloses an over payment by the party seeking the audit of 5~/0 or mnru ul~ the actual amount due, in which rase the other party shall bear the costs of the audtt. No audit will be funded on a contingent fee hasps, 4. Pussesstun and L1se. If the City pays the Rent and other charges .and performs ail of the City's obligations under this Lease, the Academy covenants that ttze City may peaceably and quietly pusses and enjoy the Property under this Lease for the duration of the Term fur Permitted Uses. 5. Parkin S area. During the City's Priority Use Periods, all parking spaces in thr parking lot adjacent to the Fields shall be availablz to the City in common with the Academy and the Academy's employees, agents, contractors, the lessees, or tnvitees on a first-come first-served basis. 6. Improvements. (a) All Improvements shall be constructed at the SiiY's eac~ense at-d substantially in c~mplianee with the Plans and Specifications which are subject to final approval by the Academy and all applicable laws, ordinances, rules, orders, regulations, or other requuentettts uC govcrnntental Authorities. The Gty shall pay for any ~tesign costs, labor, services, macctials, suppltes or cyuipment furnished to the City,- in or about the Property, and shall pay and discharge any mechanic's, materialmen's ur other lien against the Property resulting from the City's failure w make such payment, or shall Contest the Tian and deposit with the Academy cash equal to 1511% of the amount of the lien. If the lien is reduced to final judgment, the Ciry shall satisfy the judgment and the Academy shall return the cash deposited by the City. Cunsut-cttun of the Improvements shall be substantially completed by August 1, 1999 ("Completion Date"). The City agrees that if there is any damage to the Academy's properly associated with the installation of the Improvements, the City shall repair such damage at its cost. If thz City fails to complete the lmpruvements by the Completion Date, the Academy, without waiver of any other rights [hat tt may have, may, after 14 days advance written notice to the City, complete the Improvements and charge the cost thereof w the City and the Ctty shall pay all amounts then due immediately_ (b) '~^}tp ,mD~~~mpnp~ ~;,:It rnt :nnLi~p tnaltfield li~h c or a n ~blic addr s. ~ All lmpruvements to the Property, shall bacome the property of the Academy and shall be surrendered upon termination of the Lease at the end of the Term. KRC• lout v6 KL 135-344 4 05-21-88 10:13 From-KENNEDY & GRAVEN +61Z33T8310 T-817 P.06/14 F-380 ~. Matntenance and Field Preparation. f I~~ (a) The City will be respunsihlo for early set-up of the baseball and soitbail fields, which will include ~n-field preparation and provision of materials fur the Fields. The City will further be responsible fur turf management during the period from April 1 to October 15 each year during the Term, which: will tnclude mowing and fertilising the Fields. (b) The Academy will be responsible for irrigation of the Fields during the pertod from April 1 to Qetober ] 5 each year during the Term, which will include the provision of equipment, water, electricity and personnel as needed. (c) Each Barry and/or their invitees will further prepare and line the Fields as needed far events scheduled by that par[y. (d) The City shall be responsible dunng ~g Term to repair and maintain the Improvements un the Property as is necessary so the Improvements are functional and in condition that is nut daneerostS~>r unsightly so as to cause complaints from the neighbors surrounding the Property. 8. AnnrovT al of Slgnagc. The City agrees a will not place any signs on the Property wuhout the advance written perrnissiun of the Academy. ). Covenant A ainst W~Ste- The City cavenants not to du ar suffer any waste ar damage w ur impairment of the value of tl:~ Property or any improvements now or thereafter placed thereon- 10. Indetnnificatta - (a) The City shall indemnify the Academy, its employees, agents, contracaors and invitees against all Maims, demands and actions, and all related costs and expenses (including reasonable attorneys' fees) fur injury, death, disability or rllness of any person, ur damage to property, occurring in ur about the Prs,peny, arising out ui the City's use o1 the Property ar the use thereof by any employee, agent, contractor, invitee ar sublessee of the Ciry, except to the extent caused by the gross negligence or willful misconduct of the Academy, its employees, agents, contractors, students or invitees. (b) The Academy ahall indemnit-y th-~ City, its employees, agents, eontrauturs and invitees againsi all claims, demands and actions, and all related costs and expenses (including reasonable attorneys' fees) for injury, death, disability or illness of any person, or damage to property, occurring in ar about the Properly, arising out of the Academy's use of the Property or the use thereof by any employee, agent, contractor, invitee or sublessee of the Academy, except to the extent caused by the grass negligence ur willful misconduct of the City, its employees, agents, contractors, students or invitees. KRC•lnu1~ kCl4i-344 S • 05-21-99 10:13 From-KENNEDY & GRAVEN 6' '~ '~' i 1. insurance. +6123379310 T-817 P.u7/14 r-~eu The parties agree that they will keep in forte at their own expense throughout the Term of this Lease, commercial genzral liability insurance with a limit of :it least $754,t)UU per occurrence and in the aggrega[e fur bodily injury, property damage and personal rnjurye - _ The parties will additionally carry property insurance on an "ail nsk" basis for any and all property improvements and betterments in or on the Propeny. In addition, the City will carry builders risk insurance during the period of construction covering the Propeny. Each party shall name the other aS an additional insured on the insurance policies. Prior to January l during each year in the Term, the parries will exchange certificates o2 insurance evidencing their insurance coverage. 12. p~ mare or Destruction. It the Property is damagzd by Casualty, the damage (excluding damage to itnpruvemenrs paid for by the City ur e9uiptnent or persurral property of thz City) shall be repaired by the Academy at its expcn~r to a cunclition as near us reasonably possible to the condition prior to the Casualty; provided however, that if more than 25% of the total usable area on thz Propeny is rendered unusable fur recreational Purposes, either party may terminate this Lease as of the date of the Casualty by givine written notice within thirty days after the Casualty; and provided, further, that the foregoing provisions of this Section 12 shall not be deemad to be a waiver in Section It) herr~~i. If this Lease is not terminated, the Academy shall- if annliea~ n~arv. be~,in repairs within 9~ days after the Casualty and shall complete the repairs within a reasonable time, sublecE to act, of God, strikes, delays caused by adverse weather, and other matters nut withrn the cuntro! of the Academy grid the City shall repair any ivente~s imnrovemenis paid lac by the City within 6U days thereatier. !f the Academy fails to undenake such repairs withrn 9A days, then the City may, upon 3U gays' written notice to the Academy and failure by the Academy within such 3U days period to commence such repairs, terminate this Lease. 13. Eminent Domain. 1f there is a Taking of 25°h ur more uI the total usable area of the Property, either party may terminate this Lease as of [he dace the public authority takes possession, by written notice to the ocher party within (30) days after ttie Tal:ing_ If there is a Taking of any portion of the Premises so as to render the Property unsuitable for the City's use, the City shall have the right to terminate the Lease efi'ecnve as of the date the public authority takes possession by giving written notice to the Academy withrn thirty (34) days after the Taking. If this Lease is su terminated, any rents and other payments shall be prorated as of the termination and shall be proportionately refunded to the City, ar paid to the Academy, as the case may bc. In the event pf a Taking that terminates the Lease the City acknowledges and agrees that the Academy will have no obligation to reimburse the City fur the Improvements. K.KC'-ibul96 R~ ~ 45-344 6 05-21-99 10:13 From-KENNEDY & GRAVEN +6123379310 T-eir r.udita r-ado // • 14. Defaults. If the. City defaults in any materi:sl obligation under this Cease and such default conunues fur thirty (3a) days after written nonce by Academy to the City, then rife Academy may cure the default and charge the City all costs without termisiatino this Lease. If the City fails to cure arty default thin the Academy, without waiver of any other rights that it may have, may (but is under nu,obligation to do se)[h~tcu l thereof tulthe City and the City shall payroll amounts then d ~ the ounce and charg immediately. The Academy's failure to enfori:e any pruvision~ of this Lease or its acceptance of rent shall nut be a w:uver and shall nut prevent it from enforcing that provision or any uthrr provision of this Lease in the future. 15. Subordination. At the request of any ntartgage or gruunit lessor, this Lease shall be soh{cct and subordinate to any m~~rtgage or ground lease which may now encumber the Property, ur which may hereafter encumber the Property and the City shall execute, acknowledge and deliver to rite Academy any docwnent requested by the Academy to evidence the subordinanon. 16. ~Stoppzl Certificates. Within 10 days after written request from the Academy, the City shall execute, acknowledge and deliver to the Academy a document furnished by the Academy which • document may be relird upon by the Academy anti any prospective purchaser ur mor[gages oP the Property stating (a) that this Least is unmodified and in iulI force and effect (ur if rnodtfied, b the dates that the Lease is to full farce and effect as modified and stating the modifications), ( ) on which the Term begins and ends, (c) that the City has accepted the Property :utd has commenced use of the Property on anon-exclusive basis pursuant ro this Lease, (d) that the Academy is not in default under this Lease Agreement, and (e) other information as the prospective purchaser or mortgage may reasonably require. 17. Assumption of Risks. Pxcept as otherwise expressly provided in this Lease, the Ciry assumes all risk of loss or damage of the City's property on or in the Property, including any loss or damage caused by water, tire, windstorm, explosion, theft, or other cause. 18. Return of Possession to the Aca em . On expiration of the Term, the City shall return possession of the Property to the Academy, without notice from the Academy, in good order and condition, except for ordinary wear; damage, [destruction ur conditions the City is nut required to remedy under this Lease.) Any property left on the Property after expiration or termination ui this Lease or after abandonment of the Premises shall be deemed abandoned by the City and shall be the property of l:RC-16Ut')6 tcC14S-3q4 7 • D5-21-99 10:14 From-KENNEDY & GRAVEN +61Z33~8310 t-air r.uaiia r-eau /1- ~1 the Academy to depose of as the Academy chooses; provided, however, the Academy may • reyuirc the City to remove the satellite restraom facilities located nn the Property and the Cny, at its Lost, shall remove snob facilities and repair any damage associated with such removal.- ly. Huldin~ Over. I.f the City remains in possession of the Property after expiration of the Tern without a new lease, it mny do so only wnh the advance written consent by the Academy, and any such holding over shall be from munch-tu-month subject to all the same provisions of this Lease. Thz month-to-month occupancy consented to by the Academy may he terminated by [he Academy ur the City on the last duy of any month by at least thirty (3t)) days prior written notice to the oilier. 20. Ri ht of Reversion. • The City ~rknowledges and agrees that beginning June 1, 2(lU4 and anytime thereafter the Academy shall have the tight to terminate this IreasC by giving a one year advance written notice to the City of its intention to terminate, which inelude~ the right of the Academy to give nonce as of June 1, 2t1u3 which would he effective June 1, 2404. In the event the Academy exercises its nght to tcrtninat~ pursuant w this paragraph 2U, it shall, on the effective termination date (one year subsequent w the notice of Intention to terminate), pay to the City a termination fee ralcuiated as follows: (a) Determine a fraction, the numerator of which is the difference between 20 and the nunihcr tit years (ur portion thereof) transpiring from the date ui this lease to the effective termination dale, and denominator of which is 2U. (b) Multiply the traction determined in (1) by the Cicy's cost ui the Improvements. The result of this multiplication is thr termination fee. 21 No ices. Any notice required or permitted to be sent hereunder shall be in writing and shall be sent in a manner requiring a sigried, receipt or, in the case of facsimile transmittal only, a facsimile transmission confirmation, such as Federal lxpress, courier delivery, facsimile transmission, or if mailed, registered of certified mail, return receipt requested, to the following Addresses, ur to such other address as maybe specified from time to time in writing by the Academy or the City: Tu the City: City of Richfield 6700 Portland Avenue Richfield, MN 55423-2598 Attention: Cicy Manager Tu the Ai:ademy: Academy of Huly Angels 6600 Ni~ullet Avenue South Richfield, MN 55423 Attention= Principal RCi~~-344 05-21-88 10:14 Prom-KENNEDY & GRAVEN +6123376310 T-e~7 P.~un a r-~eu 1/-~ ~ i 22. Govzrnins' Law/Severability- Thrs Lease shall be construed under and governed by the laws o2 Minnesota- I2 any provision of this Lease is illegal or unenforceable, it shall be severable and all other provisions shall remain in force as thought the severable provision had never been included. 23, Fn ire A eement_ This Lease contains the en[irc agreement between the Academy and the City regarding the Propeny_ The parties agree that they have not relied un any sta[enient, representation ur warranty of any pcrsan except as set aut in this Lease. This Lease may be modified only by an agreement in writing signed by the Academy and the City. 24_ Successors and Assigns. All provisions of This Lease shall h~ bmaing on and for the benefit of the suc~zs~ura arld assigns of the Academy anJ the City. 25. E4ual Emn oYri1ent Gppanunit~ The provisions or Minnesota Statutes, Section 1 S 1.59 shall be considered a p:ut at this Lease as if wholly set forth herein, and the City agrees w comply and cause compliance therewith by its iontracturs and sublessees. 26. Hours and Waees- The City covenants and agrees that it shall causz compliance by any cantracturs perfotzning construction work un the Progeny un behalf, or with funds provided by, the Academy or the City with the wage and hour standards issued by the United States Secretary of Labor pursuant to the pavis-Bacon Act, 40 U.S.C. Sections 276A to 276A-5, as amended, and the Cantract Work Hours and Safety Standards Act> 4U U.S.C- Sections 327 to 333. 27. Counterpart Sienatures. This Lease may he executed in any number of Counterparts, each of which shall be deemed an original and aA of which together shall be deemed to constitute and be construed as one and the same instrument. 1CRC•160196 KCiwS-3a4 9 05-21-99 10:14 From-KENNEDY & GRAVEN +61Z337931U i-air r.iiii4 r-aau 1 ~-t IN WI'T'NESS WHEREOF, the Academy ;uid the City have executed this 1-.ease etfecnve i as of the daub stated in the first paragraph of this lease. ACADEMY: ACADEMY OF HOLY ANGELS, a Minnc~ota nonprofit corporation B y. Its: By: Its: ciTY~ CITY OF RICHFIELD By. Its: By- MPt_ ~ .291753-5 ILS' KRC•ICx~ilb RCi95-"Sq4 I~ • 05-21-99 10;15 Frnm-KENNEDY & GRAVEN +6123379310 T-81T P.IZ/1A F-380 /~/~ 11;XH181T A ~~ Le¢g~ nece;-ratio KRC-16019b A-1 kC1a5-3a-1 05-21-99 10:15 From-KENNEDY & GRAVEN +6123378310 T-817 P.13/la F-380 ~/~ /~ EXH^ IB, 1'TB ~?}>~Tyx~l+eiei~e !>_.ea6e Span • KRC-] 6D'196 B~ 1 RClaS-3a~ 05-21-99 10:15 From-KENNEDY & GRAVEN +6123379310 T-917 P. id/ld F-390 li-i~ This redlined dr;,ft, generated by CumpareRite {TM} - Tha Instant Redliner, shows ttte differences k~ctween - ~rigtnol do~ttment ~ L=1DMS\KRC\0163400.g1 and revised ducumet~t~ C:\WIND4WS\TEMP\U163aUt).Q2 ComparzRite fuund 16 change{s} in the text Deletiun~ appear as Overstrike text Additions appear as Boldtdbl Underline text • KRG'16u1 Jb iZCl ai-344 7 C~ /~ CITY OF RICHFIELD, MINNESOTA • Council Letter No. 120 Agenda May 24, 1999 Issue Statement: Consideration of appointments to the Advisory Board of Health, Human Rights Commission and Friendship City Commission. Background: The Advisory Board of Health, Human Rights Commission and Friendship City Commission each have two youth vacancies. Advertisements were placed in the Richfield Sun, Your City newsletter, on the message board outside City Hall and the Web page. Notices were also sent to Richfield High School and the Academy of Holy Angels. The Advisory Board of Health also has amid-term vacancy due to a resignation. This is an unexpired, regular three year term that ends on January 31, 2000. Applicants were interviewed at Special City Council meetings on April 26, 1999 and May 24, 1999. Recommended Motion: • The Council should take the following actions: • Appoint youth members to the Advisory Board of Health, Human Rights Commission and Friendship City Commission for a one year term beginning June 1, 1999 and ending May 31, 2000. • Appoint a member to the Advisory Board of Health to fill an unexpired, regular mid- term vacancy ending on January 31, 2000. Basis of Recommendation: In order to ensure a quorum for future meetings, appointments should be made at this time. Alternative Recommendation: Defer the appointments to a later Council meeting. Discussion/Decision Mode: This item is placed on the May 24, 1999 agenda for Council consideration. Re ctfully submitted, t • ve ' . Devich Acting City Manager SLD:cak ~ ~ -1 • 0 0 0 N O O O O O O O O ~- O O O O N N M N N N N r r ~ r ~ r r M M (6 M M M M (Q ~ ~ ~ (6 fB (~ ~ ~ • N ~ ~ ~ ~ N U U . ~ C ~ (lf ~ U ~ ~ N N N i I Z J .-. ~ U1 W ~ N N _ = N N ~ p ~ ~ V ~ • - .-. ~ . . ~ Q V . . o z o W ~ Q 2 ~. .~ ~ ~ 9 CITY OF RICHFIELD, MINNESOTA • Council Letter No. 119 Agenda May 24, 1999 Issue Statement: Award of contract for professional engineering services for design and construction engineering for Phase III 77th Street Underpass and Lyndale Avenue Bridge over I-494. Background: The 77th Street Reconstruction Project consists of the 77th Street Phase III Underpass and the Lyndale Avenue Bridge. Both projects require extensive engineering work to design, prepare plans and administer the construction contracts. The work is further complicated by the use of Federal and State highway funds that demand substantial documentation. Pursuant to federal regulations, City staff solicited proposals for this work. Members of the consultant selection committee included Scott Sannes of the Minnesota Department of Transportation (MnDOT); Jim Gates, Assistant Public Works Director of the City of Bloomington; and Mike Eastling, Richfield Public Works Director. The committee solicited proposals from qualified consulting firms and received two proposals. The following firms submitted proposals: • BRW Inc. • Barton-Aschman Associates, a unit of the Parsons Transportation Group, in association with Edwards and Kelcey The proposals included all preliminary analysis, studies and reports; preparation of final plans and specifications; contract administration and project management for both the 77th Street Reconstruction Phase III Underpass Project and the Lyndale Avenue Bridge including the design and construction supervision of all bridge work. Each firm's total proposed person hours, total cost and Percent Profit are as follows: Consultant Person Total Cost Percent Profit (Fee) Hours BRW, Inc. I 38,388 $2,559,798.00 12% Barton-Aschman/Edwards and Kelcey 24,338 $2,253,154.50 15% Each firm's proposed cost reflects the firm's estimates regarding work hours necessary to complete the project. The committee interviewed both engineering teams. The committee recommends the firm of BRW, Inc. be awarded the contract. A copy of the work plan submitted with the recommended firm's proposal is attached. There was a substantial difference in the number of work hours estimated by the two proposals. Experience with the previous work done on 77th Street plus knowledge of other similar projects led the selection committee to believe that the workload estimate provided by BRW, Inc. was more realistic than the other. • q- I Although the consultants submitted proposals for the entire work needed to design and build both projects, the contract will not include the design and construction engineering work for the four bridges. The MnDOT has indicated its interest in performing this bridgework itself. The City staff included the bridgework as part of the Request For Proposals in the event that MnDOT staff is unable to design the bridges in a timely manner. The contract under consideration is for $2,559,798 for preliminary engineering, plan preparation and. construction engineering including the bridge work; however, the amount and details of the agreement may be adjusted based upon review and approval of MnDOT, especially concerning the bridge work. The City's preliminary budget showed $2.12 million for this work. However, adequate federal funds are available to cover the additional cost. The Council would review all major supplements to the 4 contract. Due to its status as a professional service contract, this contract need not be awarded to low bidder. Consultants were compared on the basis of credentials, experience, cost and demonstrated ability to perform. The contract is payable from the proceeds of the Federal Demonstration Grant, State Trunk Highway funds and the City's Municipal State Aid Street funds. The City has complied-with all Federal and State consultant selection guidelines. City staff is working to obtain an agreement soon with the MnDOT to determine the cost • split for the local 20 percent match to the 80 percent federal highway grant. The proposed agreement will be submitted to Council for approval. It will spell out the portion of the 20 percent local share MnDOT will pay, the balance will be the City's share. Recommended .Motion: Authorize the Mayor and Acting City Manager to enter into an agreement with BRW, Inc. in the estimated amount of $2,559,798 to provide the City with professional engineering services for the 77th Street Phase III Underpass Project and the Lyndale Avenue Bridge Project. Basis of Recommendation: 1. BRW, Inc. has expertise in transportation planning and engineering services for major transportation projects. 2. BRW, Inc. has expertise in bridges, drainage, sewer and water systems, and in working on complex projects involving several different agencies. 3. BRW, Inc. possesses extensive knowledge and experience in regard to the 77th Street Reconstruction Project and other Richfield projects. They have a very good track record. • 4. BRW, Inc. submitted a realistic estimate of the time needed to complete the tasks. Alternative Recommendations: ~'~ • 1. Select the engineering team of Barton-Aschman/Edwards and Kelcey. They also have qualified staff to perform the work. However, the work hours estimated by them appeared to be very low and would need to be increased. Thus, their costs would increase substantially from the amount contained in their proposal. 2. Consider offering the work to both engineering teams, assigning work for the Lyndale Avenue Project to one team and the work for the 77th Street Underpass Project to the other. This is feasible; however, the City's schedule allows for the projects to be worked sequentially so that one firm can handle both projects. 3. Reject all proposals and begin the selection process again by soliciting additional proposals from other qualified firms. However, staff believes proper procedure has been followed throughout this process. Staff also believes that other firms did not submit proposals because they could not meet the City's time schedule for performing the work Discussion/Decision Mode: A decision is needed soon so that the design work can begin and the right of way acquisition process is not delayed. Appraisals are scheduled to begin in June 1999. SLD:cak Attachment (BRW Work Plan) • ll a !~. !~ a d V d ~• i 1 1 • 1 4- Tony Heppelmann is currently working on both the 77th Street Underpass project and the Lyndale Avenue project. He is also managing the 66th Street Interchange study for MAC and the I-35W and I-494 Interchange Study. In addition to these projects, Mr. Heppelmann is involved in a number of smaller traffic studies of short duration. He is also project administrator for the Hiawatha LRT preliminary design which will be completed in June of this year. Mr. Heppelmann will be available as the current work on 77th Street, Lyndale Avenue, 66th Street and I-35W and I-494 are completed. Brad Skow is currently working on the design plans for CSAH 46 in Dakota County which are due to be completed by July, 1999. Brad is also involved in the Highway 96/I-35W final design which has been put on hold until Mn/DOT makes some decisions regarding the long term plans for I-35W. Tim Arvidson just finished final plans for TH 610 and has been involved in the Hiawatha LRT which is scheduled to be completed in June. Greg Roy is currently working on projects for the City of Burnsville. Greg has no assignments for next year but has a strong interest in completing the 77th Street project. Greg has also been involved with work for the Metropolitan Airports Commission in the past and the combination of these projects would provide Greg with work in a relatively small geographic area and facilitate coordination with the MAC. WORK PLAN .AND SCHEDULE The following Scope of Services outlines in greater detail the tasks required to fulfill the objectives of the project. These tasks apply to both 77th Street and Lyndale Avenue. Tables 1 and 2 on page 14 provide a summary by task of the estimated hours for each project. The time schedule for the two projects is located on page 15. TASK 1.0: PROJECT COORDINATION Description: Maintain project control through internal team meetings, team meetings with Cit}' staff and through other forms of communication. Subtasks: • Schedule and conduct initial meeting of Project Team, Mn/DOT, MAC and City staff. - Identify roles of key personnel and establish communication procedures - Review and concur in responsibilities of consultant, Mn/DOT and Ciry - Establish submittal requirements, review dates and overall project schedule • Establish need and frequency of ongoing Project Team meetings/reviews. Participate in meetings and document meeting minutes. • Monitor progress and manage BRW staff and subconsultants. • Prepare and submit monthly status reports on project progress. • Respond to requests for attendance at City-initiated meetings to discuss project. • Implement and oversee quality control plan. • Assist City "staff with funding determinations and cost splits. • Ensure application of Quality Assurance/ Quality Control procedures Deliverables: Project Schedule Chart, Meeting Minutes -Memoranda, Status Reports -Memoranda TASK 2.0: PROJECT INITIATION AND RESEARCH Description: The initial phase of the project devoted to obtaining and analyzing available data for use in project design. Subtasks: • Data Research - Obtain as-built plans for previous highway and local street roadway improvements BRW, lnc. #25298 - 2DRW 5/99 9 City oJRid f eld tl `fl'"7 77th Street Project/L~x i1 ~ - Obtain as-built utility plans (public and private) - Obtain all existing preliminary plans and studies ll - Obtain proposed city utility improvements and drainage studies - Perform photographic reconnaissance of site ~ and adjacent properties for future office references ~ Data Analysis - Analyze data obtained for applicability to project - Disseminate data to appropriate staff for use in design or environmental analysis ~ Deliverables: None TASK 3.0: BASE MAPPING/ SUPPLEMENTAL SURVEYS/ ROW BASE MAP Description: Obtain planimetric mapping and Digital Terrain Model from Mn/DOT, MAC and City and prepare data for design application. ~~ Subtasks: • Obtain electronic files of mapping and DTM. • Verify base mapping through field ~ reconnaissance. ~ Perform supplementary field surveys as needed. • Supplement base map with topographic ground ~ surveys for areas needing verification or accuracy enhancement. j Add as-built utility data as base map layer. • Conduct inplace ROW and property boundary ~ surveys and prepare landline basemap suitable for utilization for ROW basemap and individual ~ parcel acquisitions. i Conduct 3 Bridge/Tunnel Surveys and provide survey data to design team. Deliverables: Updated planimetric base map and .ROW base map. 1~ I TASK 4.0: GEOTECHNICAL SERVICES Description: Perform soil borings, investigate subsurface conditions, determine R-values and perform tests on selected soil samples to determine characteristics. Subtasks: • Develop soil boring program based on preliminary alignment and profiles, and review with City for approval. • Drill shallow borings along roadway alignment in accordance with approved program. • Perform R-value tests on representative soil samples as needed to supplement existing data. • Drill foundation borings at proposed bridge and retaining wall locations. • Perform laboratory testing on selected samples. • Prepare report discussing exploration program, data obtained and recommendations. Deliverables: Geotechrucal Subsurface Investigation, Soil Boring Logs, Discussions and Recommendations TASK 5.0: CONSTRUCTION LIMITS/ ROW PLAN Description: The plan set used to determine right-of--way, either permanent or temporary, necessary to construct the project. Subtasks: • Develop final typical sections and superelevation requirements for TH 77 and ramps. • Generate preliminary cross-sections and initial construction limits. • Develop preliminary retaining wall designs, if any. • Develop preliminary construction staging and traffic control plans to determine need for temporary encroachment beyond normal construction limits. BRW, /nc. i City o(Ricl,Feld #2i?9R - ©6RW i/99 ~~ i i 1 1 77th Street Project/Lyndale Avenue Bridge Over I-494 ~'"~ • Develop initial storm water retention pond limits, establish storm trunk line locations and utility relocation limits for temporary and permanent locations. • Adjust horizontal and vertical geometry if determined necessary by any elements of initial design or geotechnical findings. • Generate construction limits based on all temporary and permanent construction. • Prepare R/W Plan based on construction limits and parcel acquisition maps. Includes preparation of 7 acquisition exhibits/ descriptions. __ ments; FONSI; Social, Economic, Environmental Summary II. Design Study: Design Standards; Major Design Elements; Bridges; Culverts; Railroad Crossings; Traffic Signals; Lighting; Environmental Mitigations; Future Improvements; Estimated Cost; Typical Section; Design Exceptions • Revise based on County and State Aid comments. Submit final Study Report for signature. Deliverables: Study Report Deliverables: Construction Limits Map/ROW Plan and parcel acquisition exhibits/descriptions TASK 6.0: REVIEW ENVIRONMENTAL ASSESSMENT Description: Review Federal Environmental Assessment to determine potential need for update. Subtasks: Review preliminary design drawings relative to previous plans and determine any potential change in impacts from those documented in 77th Street EA. Prepare project memorandum for Lyndale Avenue. Deliverables: Memorandum documenting results of the EA review. TASK 7.0: STUDY REPORT Description: Prepare a study report for the project. Subtasks: • Prepare a draft Study Report for Ciry and Mn/DOT State Aid review as outlined in Section 5-892-1700 of the Mn/DOT State Aid Project Development Manual. The Study Report will contain the following sections: I. Location Study: Highway Termini; Location Alternatives; Do Nothing Alternative; Public Hearing Require- • TASK 8.0: PERMIT APPLICATION Description: On behalf of the Ciry, BRW will prepare and submit applications and/or coordinate with all permitting agencies: Subtasks: • Review proposed project with permitting agencies as appropriate after preliminary plans and construction limits have been prepared. • Determine input requirements for permits and. coordinate data preparation with roadway designers. • Review critical permit requirements/ commitments with Mn/DOT and City. • Coordinate and submit applications as necessary with the following agencies: Board of Water and Soil Resources; Minnesota Department of Natural Resources; MPCA Storm Water Discharge; Watershed Districts; Airport Approval Permits; Metropolitan Waste Control Commission; Permit to Work in Mn/DOT ROW; Permit to Utilize Mn/DOT Storm Drainage; FAA Land Release; FAA Review of Roadway Plans Deliverables: Permit Applications BRW, Inc. City of Ric{r veld #25398 - U~ BRW 5/99 11 ~~~ 77th Street Proiect/Lyndale Avenue Bridge Over I-494 V TASK 9.0: PRELIMINARY BRIDGE STUDY AND PLANS Description: On behalf of the Ciry, BRW will ~ prepare preliminary bridge plans for the three bridges ~ over 77th Street for submittal and review by Mn/DOT. d TASK 10.0: FINAL BRIDGE DESIGN AND PLANS l~ Description: Based on approved bridge. preliminaries ~ BRW will prepare final construction plans for the three proposed bridges Subtasks: Construction Plans; Soils Notes; Standard Plans; Construction Details; Cross Section Layouts; Final Cross Sections • Prepare Supplemental Specifications • Compute all earthwork and quantity of materials for construction. • Perform Quality Control of all design and drafting procedures. • Prepare detailed cost estimate. Deliverables: Final Plans (as listed above) -Plan Sheets, Special Provisions -Document, Cost Estimate -Document TASK 12.0: CONSTRUCTION COORDINATION C~ • Prepare General Sheets for each bridge • Prepare Abutment Plans for each bridge • Prepare Precast Beam Plans for each bridge • Prepare Deck Plans for each bridge ~ Prepare Bridge Standards for each bridge TASK 11.0 FINAL CONTRACT DOCUMENT DESIGN AND PLAN (CP 46-07) 0 Description: Assemblage of all plan details and quantities in plan documents package for bidding purposes. Subtasks: 0 • This task includes the assemblage of all plan sheets described in previous tasks plus final design and drafting of the following: Title Sheets; General Layout; Environmentally 3 Sensitive Area; Erosion Control Plan; Estimated Quantities; Tabulated Quantities; Earthwork ~ Summary; Staging and Traffic Control; Typical Sections; Existing Topo and Removals; 3 Alignment Plan and Tabulation; Planned Construction and Profiles; Drainage Plans; 3 Utility Plans; Sanitary Sewer/Water Plans; Superelevation Details; Temporary ~~ Description: This task would include coordination of the construction activities with the contractor, surveyors, and the city. BRW .would hold weekly meetings with the contractor to discuss activities proposed for the week, potential issues, and changes in plans. TASK 13.0 CONSTRUCTION SURVEYING AND STAKING Description: This task involves providing the necessary ground control and staking needed by the contractor to construct the project. This task includes the surveying for both the roadway and bridge work. The hour estimates for each component are included separately at the end of this section. TASK 14.0 CONSTRUCTION INSPECTION AND TESTING Description: This task involves the inspection of materials to be used by the contractor, placement of the materials according to the plan, verification of quantities, testing of materials, and the required field documentation. BRW, Inc. City of Ricl feld #25398 - C96RW 5/99 12 d 77th Street Project/Lyndale Avenue Bridge Over I-494 ~-- TASK 15.0 PROJECT DOCUMENTA- TION AND SUPPLEMENTAL AGREEMENTS City Review and Approval of Plans: The Cit}' should review and approve all plans and specifications. BRW will set up a systematic review process that will emphasize approval of concept designs before final plans are developed. BRW will provide the Ciry with a schedule to indicate key review milestones and will schedule review meetings to walk City staff through the plans. Description: This task involves final project ~ documentation and the processing of supplemental agreements to cover changes in plans, materials, and/or quantities. ~ TIME SCHEDULE ~ The time schedule provided on page 15 provides a realistic estimation of the timing of activities to ~ accomplish these projects. If certain activities are ~ more easily accomplished than expected, time savings may be realized. The actual design can be ~ accomplished much faster than the time shown, but the commencement of certain design activities are ~ controlled by the federal process and must be adhered to. Once the project development process ~ is in motion, activities will be advanced as fast as the process allows. 3 ~ CITY OF RICHFIELD PARTICIPATION 1 ~ BRW anticipates the Ciry of Richfield's role in the project would be similar to their role on the previous ~ phases of the 77th Street project and would include: Acquisition of Right-of--Way: This would include appraisals, offers, negotiations with property owners, and closing. • Contract Administration: It is expected that the City will negotiate and execute any necessary agreements with Mn/DOT to allow for the transfer of federal funds to pay for right-of--way, preliminary engineering, and construction engineering. The City would also negotiate agreements with the consultant. Public Information and Outreach: It is anticipated that this would be a joint effort between the City and BRW with- the City providing newsletters, and other mechanisms for the public to learn about the project and provide feedback such as a project hotline.. BRW would participate in meetings with property owners and others to describe the project and schedules and provide other information needed by the City. BRW, Inc. City of Rid f eld #25298 -G[3RW 5/99 13 ~~ ~~ ti ci C~ F~ 0 0 0 3 "1' TABLE 1 77th Street Underpass Preliminary and Construction Engineering Person-Hour Estimate PERSON HOURS B Y EMPLOYEE CLASSI FICATION WORK TASKS Total Level I Level II Level III LEVEL IV LEVEL V Hours 1 Project Coordination 120 60 20 0 20 220 2 Project Initiation and Research 10 80 40 0 8 138 3 Base Mappin /Su lemental Field Surve s 2 36 120 450 0 608 4 Geotechnical Services 4 8 2 0 0 14 5 Construction Limits/Ri ht-of-wa Plan 12 40 120 120 4 296 6 EA Review 4 16 24 0 12 56 7 Stud Re ort 4 80 40 0 8 132 8 Permit A lications 2 8 24 0 6 40 9 Prelimina Brid a Stud and Plans 12 0 120 360 0 492 10 Final Brid a Design and Plans 120 0 1600 2440 0 4160 11 Final Roadwa Construction Plans & S ecs 120 740 1100 2410 24 4394 12 Construction Coordination 160 480 20 0 80 740 13 Construction Surve in /Stakin 16 80 860 1920 8 2884 14 Roadwa Construction Ins ection 16 480 0 2100 2596 15 Brid a Surve ing/Stakin 8 80 560 1120 0 1768 16 Bridge Ins ection 8 480 0 0 1000 1488 17 Project Documentation and Supplemental Agre 40 740 0 0 1600 2380 TOTAL HOURS 658 3408 4650 8820 4870 22406 TABLE 2 Lyndale Avenue Preliminary Engineering and Construction Engineering Person-Hour Estimate PERSON HOURS B Y EMPLOYEE CLASSI FICATION WORK TASKS Total Level 1 Level II Level 111 Level IV Level V Hours 1 Project Coordination 120 60 20 0 20 220 2 Project Initiation and Research 10 80 40 0 8 138 3 Base Ma pin /Su plemental Field Surve s - 2 36 120 440 0 598 4 Geotechnical Services 4 8 2 0 0 14 5 Construction Limits/Right-of-wa Plan 12 40 120 120 4 296 6 Project Memorandum 4 16 24 0 12 56 7 Stud Re ort (Probabl Not Needed) 0 0 0 0 0 0 8 Permit Applications 2 8 24 0 6 40 9 Prelimina Brid a Stud and Plans 8 0 64 120 0 192 10 Final Bridge Desi nand Plans 40 0 600 1600 0 2240 11 Final Roadwa Construction Plans 8~ S ecs 120 600 800 2400 24 3944 12 Construction Coordination 80 360 20 0 80 540 13 Construction Surve ing/Staking 4 40 440 960 8 1452 14 Roadwa Construction Ins ection 4 480 0 0 1040 1524 15 Brid a Surve ing/Staking 4 80 560 1120 0 1764 16 Bridge Ins ection 4 280 0 0 560 844 17 Project Documentation and Supplemental Agre 40 480 0 0 1600 2120 TOTAL HOURS 458 2568 2834 6760 3362 15982 CITY OF RICHFIELD, MINNESOTA Council Letter No. 1is Agenda May 24, 1999 Issue Statement: Consideration of resolution seeking support and cooperation in implementation of Section 35 of the 1999 State Legislature Omnibus Tax Act. Background: In 2003, the Metropolitan Airports Commission (MAC) will complete construction of a new North-South Runway at the Minneapolis-St. Paul International Airport (MSP). The new runway will be just two blocks from Richfield homes and will carry 300 to 400 take- offs and landings per day. It is believed to be the closest that any runway (within 1,000 feet of neighborhoods) that has been built to a residential area in the last 25 years. In July 1991 the MAC established the MSP Interactive Planning Group to advise the Commission during the dual track studies. At that time Richfield went on record to say the North-South Runway would cause an adverse environmental impact to east Richfield. The result of that impact would accelerate a decline in housing stock and cause deterioration far into Richfield. Since that time; Richfield and the MAC have conducted comprehensive studies to substantiate the initial concerns. A Richfield study found that the rumbling of jet engines as aircraft taxi, take-off and land on the new runway would impact as many as 3,000 homes. In addition, homes would experience noise, shaking of floors and walls, and rattling of windows. Those homes closest to the runway would become uninhabitable. The studies. resulted in a mitigation plan that provided .for the redevelopment of .Richfield's east side into a more compatible land use. The mitigation plan was . facilitated by Richfield's Planning Commission and was presented to at least 4,500 residents and business owners through a series of seven community meetings. The overwhelming consensus of those community members was: ^ Alarm that a runway could be located so close to residential neighborhoods; ^ Concern about the impact from the airport on their quality of life; and ^ Understanding that redevelopment had to take place in order to protect Richfield's viability. With the impending. construction of the North-South Runway, Richfield was faced with two options - to initiate a lengthyand very costly litigation process with the MAC, or to attempt to work cooperatively with the MAC to allow construction of the new runway while protecting the interests of the residents. The Richfield City Council voted to pursue the cooperative option and entered into an agreement with the MAC in December 1998. This agreement was the first step towards building a more constructive relationship between two neighbors with a long history of dispute. The new agreement meant that Richfield and the MAC would be working together to find solutions and funding that will allow Richfield to correct the problems caused by airport noise. Due to the fact that the Metropolitan Council determined, and MAC agreed, that current land uses in the first four blocks west of Cedar Avenue in Richfield would not be compatible with an airport, the agreement also stipulated that the City of Richfield, the MAC, and the Metropolitan Council jointly pursue legislation to resolve the issue of incompatible land use. In this session Richfield, Minneapolis, Bloomington, the Metropolitan Council and MAC jointly sought funding at the Legislature to pay for mitigative costs for the impacts of the North-South Runway. The total cost of the Richfield redevelopment is expected to be about $145 million for 8,` acquisition and relocation. Of that amount, $30 million would come from land sales to a developer, $30 million would be provided through MAC bonding, $30 million has been agreed to by the MAC within the Richfield-MAC agreement, and Richfield is seeking $30 fromrthe Federal government. Although Richfield did not secure Tax Increment Financing assistance in this legislative session, this option is not ruled out. Richfield has: prepared a noise mitigation plan; signed an agreement with the MAC in an attempt to find solutions to this problem; and come to an agreement with the Environmental Quality Board, Met Council, MAC, and the State Legislature that there will be an impact on our community which needs to be mitigated. However, as of yet there is no commitment for any of the noise mitigation funding. The federal government holds $90 million --Richfield's future, in its hand. According to the Richfield/MAC Agreement, the MAC has agreed "..ao permit flexibility in the use of funds identified for mitigation..." and "agrees to use its best effort to secure approval of this agreement from the FAA and other decisionmakers with authority or an interest in these matters." The City of Richfield needs the help of the MAC to cooperatively work at a federal level to assure usage of these funds. The City urges the MAC to immediately seek FAA approval so that the process of redevelopment can take place well in advance of the operation of Runway 17/35. Recommended Motion: Approve a resolution supporting Section 35 of the omnibus tax act to establish funding for redevelopment in the airport impact zone. i Basis of Recommendation: 1. As a result of airport impacts, redevelopment needs to take place within several blocks of east Richfield. 2. nth the help of the MAC at the federal level, Richfield will be able to secure funding and begin the process of redeveloping east Richfield. 3. By converting to airport compatible uses, Richfield can remain a stable community without deterioration of housing in this area. Alternative Recommendation: 1. Do not approve the resolution supporting Section 35 of the omnibus tax act. 2. Defer discussion to another date. Discussion/Decision Mode: This matter will be discussed at the Council meeting of May 24, 1999. ~v~n L. Devich Acting City Manager SLD:cak RESOLUTION NO. RESOLUTION SEEKING SUPPORT AND COOPERATION IN ~~~ IMPLEMENTATION OF SECTION 35 OF OMNIBUS TAX ACT WHEREAS, the City of Richfield, the Metropolitan Airports Commission ("MAC") and the Metropolitan Council have previously entered into an agreement entitled "Richfield-MAC Noise Mitigation Agreement ("Agreement") on December 18, 1999; and WHEREAS, the Agreement, among other things, requires the Metropolitan Council, MAC and Richfield to propose legislation to the Minnesota Legislature that would assist. the City of Richfield to re-develop the area immediately adjacent to the new North/South Runway; and WHEREAS, the new runway will be just blocks away from thousands. of homes in Bloomington, Minneapolis and Richfield and carry 300 to 400 aircraft flights a day; and WHEREAS, Metropolitan Council, MAC, Richfield and others jointly lobbied for the passage of S.F. 1221 (Senator Dave Johnson, DFL) and H.F. 1290 (Representative Peg Larsen, R); and WHEREAS, the 1999 Minnesota Legislature did not enact S.F. 1221/H.F. 1290 but enacted H.F.2420, the omnibus tax bill; and WHEREAS, Section 35 of the omnibus tax bill, which is attached hereto as Exhibit A, directs the MAC to issue and sell $30,000,000.00 of general obligation bonds and transfer $30,000,000.00 to the City of Richfield by January 30, 2000, to assist the City of Richfield's planned re-development of the area immediately adjacent to the new North/South Runway which area is designated in Section 35 as an "airport impact zone", and is defined in Section 35 as an area which will "experience significant and unique adverse environmental and socioeconomic impacts directly associated with the operation of the Minneapolis-St. Paul International Airport."; and WHEREAS, Section 35 of the omnibus tax bill states that the proceeds of the general obligation bonds may be used by the City of Richfield to finance the costs of land and structure acquisition, demolition, relocation and site clearance, and public improvements within the airport impact zone, including, without limitation, the following housing replacement activities anywhere within the City: rehabilitation, acquisition, demolition, relocation assistance, and relocation of existing single-family or multifamily housing, and financing of new or existing single-family or multifamily housing that replaces housing units eliminated by redevelopment within the airport impact zone; and WHEREAS,. the provisions Section 35 of the omnibus tax bill will assist the City of Richfield redevelop the lands lying within the airport impact zone; and WHEREAS, the redevelopment of the lands lying within the airport impact zone is in the vital best interest of the community and its residents. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1} The City urges the Metropolitan Council and the MAC to support the City of Richfield's planned redevelopment of the area immediately adjacent to the North/South Runway and adhere to the requirements of Section 35 of the omnibus tax bill. 2) The City further urges the MAC to immediately seek FAA approval, so that the MAC may transfer the required $30,000,000.00 of bond proceeds to the City of Richfield ~~ by January 30, 2000 as required by Section 35 of the omnibus tax bill. The City pledges to cooperate, support and assist in that effort. 3) The City has begun the planning process for redeveloping the area immediately . adjacent to the new North/South.Runway and intends to seek all necessary approvals to begin redevelopment once the planning process is completed. 4) The City Manager and staff are hereby authorized and directed to take all necessary actions on behalf of the City of Richfield to implement this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of May 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • • ~,. • • • g-y 324.9 Sec. 35. [CITY OF RICHFIELD; AIRPORT IMPACT ZONE; 324.10 FINANCING.] 324.11 Subdivision 1. [DESIGNATION OF AIRPORT IMPACT ZONE.J There 324.12 is established within the city of Richfield an airport impact 324.13 zone consisting of the real property described as follows: 324.14 commencing at the intersection of the north city limits with the 324.15 w'ly ROW line of trunk highway 77, thence south along the w'ly 324.16 ROW line of trunk highway 77 to the n'ly ROW line of interstate 324.17 highway 494, thence west along the n'ly ROW line of interstate 324.18 highway 494 to the center line of Bloomington Avenue, thence 324.19 north on the center line of Bloomington Avenue to the n'ly ROW 324.20 line of East 77th Street to a point 133.2 feet east of the e'ly 324.21 ROW line of Bloomington Avenue, thence north on a line parallel 324.22 with and 133.2 feet east of the e'ly ROW line of Bloomington 324.23 Avenue to the north city limits, thence east along the north 324.24 city limits to the point of beginning. 324.25 Subd. 2. [AIRPORT IMPACTS DEFINED.] The legislature fords 324.26 that: 324.27 (1) the azea included within the airport impact zone 324.28 defined under this section will experience significant and 324.29 unique adverse environmental and socioeconomic impacts directly 324.30 associated with the operation of the Minneapolis-St. Paul 324.31 International Airport; 324.32 (2) whether funded directly by the metropolitan airports 324.33 commission or by other means, expenditures for mitigation of 324.34 those airport-created impacts involve an aspect of the airport's 324.35 capital and operating expenses and will be made for airport 324.36 purposes; 325.1 (3) appropriate measures to mitigate those adverse impacts 325.2 include but aze not limited to housing replacement activities; 325.3 and 325.4 (4) the state legislature has authorized the expansion of 325.5 the Minneapolis-St. Paul International Airport in order to 325.6 accommodate the future economic growth of the state. The 325.7 environmental quality board has adopted findings that identify 325.8 the need to make land uses in the azea identified in subdivision 325.9 1 compatible with airport uses. 325.10 Subd. 3. [METROPOLITAN AIRPORTS COMMISSION BONDS; 325.11 SECURITY.) The metropolitan airports commission shall issue and 325.12 sell its obligations in~an aggregate principal amount not to 325.13 exceed $30,000,000, after deducting costs of issuance, discount, 325.14 and capitalized interest. The metropolitan airports commission 325.15 shall, not later than Januazy 30, 2000, transfer $30,000,000 to 325.16 the city of Richfield to be used to finance the costs of land 325.17 and structure acquisition, demolition, relocation and site 325.18 cleazance, and public improvements within the airport impact tax 4 }V ~~ 325.19 zone established under subdivision 1, including, without 325.20 limitation, the following housing replacement activities 325.21 anywhere within the city: rehabilitation, acquisition, 325.22 demolition, relocation assistance, and relocation of existing 325.23 single-family or multifamily housing, and financing of new or 325.24 existing single-family or multifamily housing that replaces 325.25 housing units eliminated by redevelopment within the airport 325.26 impact zone. 325.27 Subd. 4. [TERMS.] The obligations must be secured by the 325.28 revenues and pledges from the metropolitan airports commission 325.29 in accordance with subdivision 5, and must be issued in 325.30 accordance with chapter 475, provided that no election is 325.31 required, net debt limits do not apply, and the obligations must 325.32 mature no later than 35 yeazs from the date of issue of the 325.33 original obligations. The metropolitan airports commission may 325.34 issue obligations to refund any obligations issued under this 325.35 section, the principal amount of which shall not be included in 325.36 computing the limits on amount of obligations issuable by the 326.1 commission under this section. 326.2 Subd. 5. [SECURITY; METROPOLITAN AIRPORTS COMMISSION 326.3 PAYMENTS.] (a) Notwithstanding anything to the contrazy in 326.4 Minnesota Statutes, sections 473.601 to 473.679, on or before 326.5 the due date of each principal and interest payment on 326.6 obligations issued under this section, the treasurer of the 326.7 metropolitan airports commission shall remit from any available 326.8 funds to the trustee or paying agent for the obligations an 326.9 amount sufficient for the payment, without further order from 326.10 the commission. The metropolitan airports commission shall be 326.11 obligated to the. holders of obligations issued under this 326.12 section, to establish, revise from time to time, and collect 326.13 landing fees according to schedules such as to produce revenues, 326.14 together with other revenues not restricted by law or regulation 326.15 available to the metropolitan airport commission, at all times 326.16 sufficient to pay 105 percent of principal and interest on all 326.17 obligations issued under this section. 326.18 (b) Notwithstanding anything to the contrazy in Minnesota 326.19 Statutes, sections 473.601 to 473.679, any obligations issued 326.20 under this section shall be further secured by the pledge of the 326.21 full faith and credit of the metropolitan airports commission, 326.22 which shall be obligated to levy upon all taxable property 326.23 within the metropolitan azea a tax at the times and in the 326.24 amounts, if any, as may be required to provide funds sufficient 326.25 to pay all the obligations and interest thereon in the event 326.26 revenues pledged under pazagraph (a), aze insufficient for that 326.27 purpose. This tax, if ever required to be levied, shall not be 326.28 subject to any limitation of rate or amount. bL / / ~V/ 326.29 (c) The pledges described in this section shall be made by 326.30 resolution of the metropolitan airports commission. The 326.31 security afforded by this section extends equally and ratably to 326.32 all bonds issued under this section and all bonds issued by the 326.33 metropolitan airports commission secured by similar pledges. 326.34 Subd. 6. [OBLIGATION DEFINED.] In subdivisions 1 to 5, 326.35 "obligation" has the meaning given in Minnesota Statutes 326.36 , section 475.51, subdivision 3. The term includes obligations 327.1 issued to refund prior obligations issued under this section. 327.2 Subd. 7. [COMPLIANCE WITH FEDERAL LAW; NO ADDITIONAL 327.3 COMMITMENTS.] (a) Nothing in this section shall require the 327.4 metropolitan airports commission to violate federal law or 327.5 regulation, including the Federal Aviation Administration 327.6 revenue diversion policy. 327.7 (b) If this section violates federal law or regulations, 327.8 including the Federal Aviation Administration revenue diversion 327.9 policy, the requirements imposed upon the metropolitan airports 327.10 commission under this section are terminated and shall not 327.11 become. commitments of the state.... 327.12 Subd. 8. [RELATIONSHIP TO REQUIREMENTS UNDER 327.13 AGREEMENT.] The requirements imposed upon the metropolitan 327.14 airports commission under this section are in addition to any 327.15 requirements. imposed upon the commission under the 327.16 Richfield-metropolitan airports commission noise mitigation 327.17 agreement dated December 18, 1998. 327.18 Sec. 36. [EXTENSIONS FOR OPERATION ALLIED FORCE SERVICE 327.19 MEMBERS.] 327.20 The limitations of time provided by Minnesota Statutes, 327.21 chapter 289A relating to administration of taxes, chapter 290 327.22 relating to income taxes, chapter 271 relating to the tax court 327.23 for filing returns, paying taxes, claiming refunds, commencing 327.24 action thereon, appealing to the tax court from orders relating 327.25 to income taxes, and the filing of petitions under chapter 278, 327.26 and appealing to the Supreme Court from decisions of the tax 327.27 court relating to income taxes are extended, as provided in the 327.28 special rule for section 7508 of the Internal Revenue Code in 327.29 section 1, paragraph (c), of Public Law Number 106-21. 327.30 Sec. 37. [TRANSFER.] 327.31 The commissioner of finance shall transfer $2,000,000 from 327.32 the conservation fund under Minnesota Statutes, section 40A.151, 327.33 to the general fund on July 1, 1999. 327.34 Sec. 38. [APPROPRIATION.] 327.35 $143,000 is appropriated to the commissioner of revenue 327.36 from the general fund for the cost of administering this act. 328.1 This appropriation is for fiscal year 2000 and any unspent 328.2 amount may be carried over to fiscal year 2001. This is a 7 CITY OF RICHFIELD, MINNESOTA • Council Letter No. 11~ Agenda May 24, 1999 Issue Statement: Consideration of resolutions to suspend liquor licenses and impose a civil penalty for liquor license violations against. Chi Chi's, 7717 Nicollet Avenue, and Ground Round, 1500 East 78th Street, for selling alcohol to minors. Background: In March and April 1999, Richfield Public Safety staff conducted alcohol compliance checks at all establishments licensed to sell intoxicating liquor,. wine and on/off sale 3.2 malt liquor. A total of 17 establishments were found to have served/sold alcohol to underage youth. On April 26, 1999 each of the 17 establishments appeared before the City Council to: 1. Admit the violation and stipulate to the suspension and civil penalty being recommended by Public Safety staff; or 2. Request a contested case hearing. Fourteen of the establishments admitted the violation of serving/selling alcohol to a minor, while three establishments did not admit the violation and requested a contested case hearing. Since the April 26, 1999 City Council meeting, two of the establishments have • reconsidered their request for a contested case hearing and have asked staff to arrange for them to reappear before the City Council and admit the violation. The two establishments are Chi Chi's, 7717 Nicollet Avenue, and Ground Round, 1500 East 78th Street. The third establishment is still awaiting a contested case hearing. Recommended Motion:. Council is requested to take the following actions: • Rescind Resolution No. 8711 for Ground Round, 1500 East 78th Street, authorizing an independent examiner, contested case hearing. • Approve a resolution suspending Ground Round's on-sale intoxicating liquor and Sunday license for two consecutive days, imposing a civil penalty of $1,000 for the two counts of selling alcohol to a minor, and directing the licensee to meet with the Director of Public Safety to present their plans to ensure future compliance. • Rescind Resolution No. 8712 for Chi Chi's, 7717 Nicollet Avenue, authorizing an independent examiner, contested case hearing. • Approve a resolution suspending Chi Chi's on-sale intoxicating liquor and Sunday license for two consecutive days, imposing a civil penalty of $500 for the one count of selling alcohol to a minor, and directing the licensee to meet with the Director of Public Safety to present their plans to ensure future compliance Basis of Recommendation: 1. It is a violation of a Minnesota State Statute and City ordinance to sell alcohol to underage youth. i 2. While there were two charges of selling alcohol to a minor at Ground Round, their license is being suspended as if both of these sales counted as a first offense. ~~~ One of the two exchanges of alcohol was questionable as to whether it was, in . fact, a valid sale with no money actually changing hands. For that reason, the liquor suspension is being treated as a first offense and not as a first and second offense. 3. Citizen representatives of the Richfield Advisory Board of Health support severe actions against establishments in an effort to protect the youth of the community and to send a message that youth and their well being are a high priority in this City. 4. The penalties recommended here represent a sufficient penalty to emphasize that the City will not tolerate such offenses .and that these instances are a first offense. Alternative Recommendation: 1. The Council may consider taking more or less severe action against the establishments that sold alcohol to underage youth. Discussion/Decision Mode: Consideration of resolutions to suspend liquor licenses and impose a civil penalty for liquor license violations against Chi Chi's, 7717. Nicollet Avenue, and Ground Round, 1500 East 78th Street, for selling alcohol to minors is presented fo.r Council consideration at this time. • City Manager SLD:cak • ~~~ CITY OF RICHFLELD RESOLUTION NO. RESOLUTION SUSPENDING THE ON-SALE INTOXICATING LIQUOR AND SUNDAY LICENSE FOR GROUND ROUND, 1500 EAST 78th STREET; AND IMPOSING A CIVIL PENALTY. WHEREAS, Ground Round, 1500 East 78th Street ("Licensee"), holds an on-sale intoxicating liquor and Sunday license from the City of Richfield; and WHEREAS, on March 4, 1999, the City of Richfield Public Safety Department conducted a compliance check of the Licensee's establishment; and WHEREAS, during the compliance check, an employee of the Licensee sold alcohol to a minor in violation of State law and City ordinances; and WHEREAS, the Licensee appeared before the Richfield City Council on May 24, 1999 and admitted the violation; and WHEREAS, the Licensee has stipulated to the suspension and penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Licensee's on-sale intoxicating liquor. and .Sunday license. is hereby. • suspended for a period of two consecutive days, commencing on a date to be determined by the Public Safety Director, but commencing no later than. June 24, 1999. 2. A civil penalty of $1,000.00 is hereby imposed. On or before June 24, 1999, the Licensee shall deliver a check or money order, payable to the City of Richfield,. in the amount of $1,000.00.. 3. The Licensee will meet with the Director of Public Safety by June 24, 1999 to present an .action plan to ensure future compliance and will attend an alcohol compliance and sales awareness presentation conducted by Public Safety staff by June 24, 1999. Passed by the City Council of the City of Richfield, Minnesota this 24th day of May, 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • ~~ CITY OF RICHFIELD • RESOLUTION NO. RESOLUTION SUSPENDING THE ON-SALE INTOXICATING LIQUOR AND SUNDAY LICENSE FOR CHI CHI'S, 7717 NICOLLET AVENUE; AND IMPOSING A CIVIL PENALTY WHEREAS, Chi Chi's, 7717 Nicollet Avenue ("Licensee"), holds an on- sale intoxicating liquor and Sunday license from the City of Richfield; and WHEREAS, on April 13, 1999, the City of Richfield Public Safety Department conducted a compliance check of the Licensee's establishment; and WHEREAS, during the compliance check, an employee of the Licensee sold alcohol to a minor in violation of State law and City ordinances; and WHEREAS, the Licensee appeared before the Richfield City Council on May 24, 1999 and admitted the violation; and WHEREAS, the Licensee has stipulated to the suspension and penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Licensee's on-sale intoxicating liquor and Sunday license is . hereby suspended for a period of two consecutive days, commencing on a date to be determined by the Public Safety Director, but commencing no later than June 24, 1999. 2. A civil penalty of $500.00 is hereby imposed. On or before June 24, 1999, the Licensee shall deliver a check. or money order, payable to the City of Richfield, in the amount of $500.00. 3. The Licensee will meet with the Director of Public Safety by June 24, 1999 to present an action plan to ensure future compliance and will attend an alcohol compliance and sales awareness presentation conducted by Public Safety staff by June 24, 1999. Passed by the City Council of the City of Richfield this 24th day of May, 1999. Martin J. Kirsch, Mayor ATTEST: . Thomas P. Ferber, City Clerk CITY OF RICHFIELD, MINNESOTA • Council Letter No. ~~6 Agenda May 24, 1999 Issue Statement: Consideration of a resolution authorizing acquisition of 6537-14th Avenue to permit the HRA to proceed with a Hennepin Technical College new construction project and first reading of an ordinance authorizing sale of the property to the Housing and Redevelopment Authority. Background: The Housing and Redevelopment Authority (HRA) and Hennepin- Technical College (HTC) have developed sites under the Voluntary Acquisition Program with new housing for moderate income families for approximately 20 years. In order to utilize federal funding for acquisition, HUD rules require that the City purchase the property and subsequently transfer it to the HRA to re-sell at the appropriate time. The City would use 1998 Community Development Block Grant (CDBG) funds reserved in the HRA's New Home Program budget for this acquisition. City revenues would not be used for the purchase. The existing property is a small one story, one bedroom house with limited life expectancy. The owner has moved and the property is now vacant. The property was appraised at $65,500. Upon authorization, the City would enter into a purchase agreement with the owner to acquire the property using CDBG funds. The City would then sell the property to the HRA for $1.00. It is anticipated that the City could acquire the property by the end of June or early July 1999. Sale of the property to the HRA could occur by August 6, 1999 if the transitory ordinance is approved at the June 28 City Council meeting. The HRA would be responsible for any holding or maintenance costs incurred at the property after acquisition by the City. Construction would begin when classes start in August. Recommended Motion: It is recommended that the City Council take the following actions: 1. Give first reading to the attached transitory ordinance. 2. Adopt the attached resolution which authorizes the Acting City Manager and Mayor to: A. Enter into a purchase agreement and take other actions necessary to acquire the property at 6537-14th Avenue from the owner for $65,500. B. Enter into a sale agreement with the HRA and take other actions necessary to transfer the property to the HRA for $1.00. C. Schedule a public hearing and a second reading of the transitory ordinance for • June 28 to accomplish the sale to the HRA. ~~i (All of the above are subject to a favorable finding by the Planning Commission that the purchase and sale of this property is in conformance with the Comprehensive Plan.) Basis of Recommendation: 1. The property is substandard and qualifies for acquisition. The property owner is interested in selling the property through the Voluntary Acquisition Program. 2. Funds have been budgeted for acquisition, clearance, and maintenance from 1998 federal CDBG funds. The CDBG funds must be utilized for these purposes and the site must be redeveloped to provide a new home for a moderate income, first-time buying family. 3. Staff is finalizing the preliminary work, which would commit this site to an HTC construction project in 1999. 4. -The Planning Commission will meet to review the proposed land use and make a finding of consistency with the Comprehensive Plan on May 25. 5. HUD rules require a process by which the City acquires the property and transfers the property to the HRA. City owned property requires the adoption of a transitory ordinance to effectuate a sale. Alternative Recommendation: The City can choose not to acquire the property. However, the property is currently vacant. No better acquisition site has been identified for the HRA first-time buyer project. Discussion/Decision Mode: The sale from the City to the HRA will require a public hearing and second reading of a transitory ordinance scheduled for June 28, 1999. ly su ng City Manager SLD:cak RESOLUTION NO. `~ THE CITY OF RICHFIELD, MINNESOTA RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY LOCATED AT 6537-14TH AVENUE WHEREAS, the City of Richfield, Minnesota (the "City") proposes to sell real property to the HRA for $1.00 in furtherance of HRA housing programs; and WHEREAS, the City has considered the purchase of 6537-14th Avenue with CDBG funds on behalf of the Richfield HRA for $65,500. The property is further described as: Address: 6537-14th Avenue Legal Description: Lot 17, Block 4, Nokomis Gardens Rearrangement of Blocks 1, 2, 3, 4 and 5 Girard ParkviewAddition WHEREAS, pursuant to the City Charter, Section 13.04, the City is authorized to sell its property following a public hearing for which notice was published not less than ten days before such hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows (Subject to a favorable finding by the Planning Commission that the purchase and sale of this property is in conformance with the Comprehensive Plan): 1. The Acting City Manager and Mayor are authorized to take those actions necessary to purchase 6537-14t" Avenue for $65,500. 2. The City shall hold a public hearing and second reading of the ordinance regarding the sale of the land to the HRA on Monday, June 28, 1999. 3. The City Clerk is directed to publish notice of such hearing in the official newspaper of the City and post notice of said hearing. Adopted by the City of Richfield, Minnesota this 24th day of May, 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk lfJ' TRANSITORY ORDINANCE NO. AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA (6537-14TH AVENUE) The City of Richfield Does Ordain: Section 1. The following described real property located in the City of Richfield, County of Hennepin, State of Minnesota, is hereby authorized to be sold, transferred or otherwise disposed of, and conveyed by the City as herein provided: Lot 17, Block 4, Nokomis Gardens Rearrangement of Blocks 1,2,3,4 and 5, Girard Parkview, Hennepin County, Minnesota, and having the street address of 6537- 14th Avenue South, Richfield, Minnesota. Section 2. The Mayor and Acting City Manager are hereby authorized to take all action as is required to sell, transfer, or otherwise dispose of and convey the real property described in the foregoing Section 1, including, by way of illustration and not limitation, the execution of all documents, purchase agreements, deeds of conveyance, and other instruments connected with such sale, transfer or disposition and conveyance. Passed this Richfield City Council. day of 1999 by the Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 5 CITY OF RICHFIELD, MINNESOTA Council Letter No. 115 Agenda May 24, 1999 Issue Statement: Public hearing and consideration of a resolution approving a conditional use permit renewal to allow continued use of the property at 1201 East 66th Street for automotive repair. Background: The applicants, Tom and Claudette Christensen of Exhaust Pros, are requesting a permanent conditional use permit (CUP) to allow use of the property at 1201 East 66th Street for auto repair. In 1997, atwo-year CUP was approved by the City Council with the condition that a plan for making improvements to the property be developed and implemented. The plan that was established required that the existing landscape retaining wall material in the parking lot be replaced with curb and gutter, the curbing along 66th Street be relocated five feet south of the property line, and landscaping be installed in the setback area. This item was to be completed by June 1, 1999. Curb and gutter would be installed throughout the remaining perimeter of the parking lot by June 1, 2002. The applicant has requested an extension until September 15, 1999 to complete the initial required items because he has experienced difficulty finding a contractor to complete the work by June 1. The Planning Commission recommends that a permanent CUP not be issued until the required work has been completed. Issuing another temporary CUP would allow the Planning Commission and the City Council the opportunity to reassess a permanent CUP once the improvements have been completed. An expiration date of July 24, 2001 would allow the applicant to complete all improvements and then request a permanent CUP from the Planning Commission and City Council. The applicant requested that the Planning Commission remove the stipulation relating to storage of inoperable vehicles on the premises; however, it is a City Code requirement and is not subject to flexibility. Recommended Motion: Conduct a public hearing and approve the resolution regarding a conditional use permit and resolution to allow automotive repairs at 1201 East 66th Street with the following stipulations: (None of the stipulations are new except for the proposed dates.) 1. That the conditional use permit expire July 24, 2001. 2. That the retaining rock wall be replaced with curb and gutter, MnDOT type B-612, and the existing curbing along 66th Street be relocated five feet to the south of the -1 property line and the curbing be tied into the existing street curbing by September • 15, 1999. 3. That a landscape plan be submitted by August 1, 1999 and completed by September 15, 1999. 4. That full perimeter curb and gutter, MnDOT Type B-612 be installed and the parking lot resurfaced by June 1, 2002. 5. That the hours of operation be limited to no earlier than 8 a.m. and no later than 6 p.m. 6. That any neon lights be turned off when the business is closed. 7. That there be no exterior overnight storage. 8. That the trash dumpster be kept inside the building or an enclosure constructed according to code specifications (Section 541.17). 9. That vehicles which are inoperable shall not be stored on the premises. 10.That parking of vehicles on public right-of--way shall be prohibited. 11. That all repair, assembly, disassembly, and maintenance of vehicles shall occur . within an enclosed building. 12. That a resolution be recorded with the County, pursuant to Minnesota statute section 462.36, subdivision 1. Basis of Recommendation: 1. The property and building are designed for automotive-related uses. 2. The proposed use is consistent with the Comprehensive Plan designation of Community Commercial. 3. Property improvements are proposed over a reasonable period of time. 4. The business has operated with minimal impact on the neighborhood over the past two years. 5. The Zoning Ordinance requires that automotive repair businesses be located 300 feet from any school or church and there is a day care located within 300 feet from the subject property. The Planning Commission determined that the automotive business was in operation before the school and therefore was not subject to the distance requirement. 6. On April 26, 1999, the Planning Commission voted unanimously to renew the conditional use permit for an additional two years. ~i 7. Notice of the public hearing was published in the Sun-Current and mailed to property • owners and occupants within 350 feet of the subject property. Alternative Recommendation: 1. Approve a permanent conditional use permit. 2. Deny the conditional use permit. Discussion/Decision Mode: A public hearing is scheduled for 7 p.m., Monday, May 24, 1999 in the Council Chambers, Richfield City Hall, 6700 Portland Avenue. .p ctfully su miffed, L. vich ng City Manager SLD:ds Attachments • • RESOLUTION NO. 53 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR 1201 EAST 66TH STREET WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit for a public mechanical garage on land generally located at 1201 East 66th Street, legally described as: North % of Tract A, R.L.S. No. 589, City of Richfield, Minnesota, Hennepin County, Minnesota WHEREAS, the City has fully considered the request for approval of the conditional use permit; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A conditional use permit is issued for a public mechanical garage as described in City Council Letter No. , on the Subject Property legally described above. • 2. The conditional use permit is subject to completing the following conditions: • That the conditional use permit expire July 24, 2001. • That the retaining rock wall be replaced with curb and gutter, MnDOT type B-612, and the existing curbing along 66th Street be relocated five feet to the south of the property line and the curbing be tied into the existing street curbing by September 15, 1999. • That a landscape plan be submitted by August 1, 1999 and completed by September 15, 1999. • That full perimeter curb and gutter, MnDOT Type B-612 be installed and the parking lot resurfaced by June 1, 2002. • That the hours of operation be limited to no earlier than 8 a.m. and no later than 6 p.m. • That any neon lights are turned off when the business is closed. • That there be no exterior overnight storage. • That the trash dumpster be kept inside the building or an enclosure constructed according to code specifications (Section 541.17). • That vehicles which are inoperable shall not be stored on the premises. • That parking of vehicles on public right-of--way shall be prohibited. • That all repair, assembly, disassembly, and maintenance of vehicles shall occur within an enclosed building. • That a resolution be recorded with the County, pursuant to Minnesota statute. section 462.36, subdivision 1. ~i 3. The conditional use permit shall remain in effect for so long as conditions • regulating it are observed, and the conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 546.05, Subd. 9. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of May, 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • r „~, r ~ Community Development `='~~ ~. • 6700 Portland Avenue • Richfield, Minnesota 55423-2599 City Manager ~ Mayor Council `~ James D. Prosser Martin J. Kirsch Susan Rosenberg Kristal Stokes Michael Sandahl Russ Susag June 12, 1997 Tom Christensen 6833 12th Avenue Richfield, NIN 55423 Dear Tom: Enclosed is a copy of the formal approval of the two-year conditional use permit for 1201 East 66th Street. Since there was some discussion as to when the different items would be completed, ~ - Iwanted to put down in writing our understanding of the timing of the improvements. The following items were identified as short term items, to be completed within 90 days (September 7, 1997): • Stripe the parking lot (9' x 19' stalls) and paint and install signage for one handica ed s ace PP P (13' x 19'). • Finish painting the building. • Install a wall pack .light, with shields, above the service bay doors. • Install shrubs on the boulevard along 66th Street. Please let me know the size, type, number and location of the shrubs you propose to install. We need to agree on the landscaping before you install it. You also need to obtain a boulevard permit. Contact George Atkinson at 861- ~~ 9191 for permit information. Since 66th Street is a County road, you should also contact the C • ~ Hennepin County permits division to find out if they require a permit to plant shrubs. The most recent contact person we have for the County is Jim Delaney, 930-2589. ~ Bruce Palmborg, Community Development Director, mentioned that you also plan to install crushed rock along the east side of the property. You should not do this. Without curbing in place, the rock will wash away and end up in the City s~orm sewer system. The following item was identified as to be completed by June 1, 1999: • Replace the retaining wall rock with curb and gutter (square it off) and relocate the curbing along 66th Street five feet to the south of the property line. Tie the curbing in with the existing street curbing (see enclosed site plan). Curbing should be NINDOT Type B-618. The Urban Hometown Telephone (612) 861-9760 • Fax (612) 881-8974 General City Matters: 861-9700 An Equal Opportunity Employer Tom Christensen ~ ~~ June 12, 1997 • Page 2 The following items were identified as to be completed within five years: • Install full perimeter curb and gutter, MNDOT Type B-618 (see enclosed site plan). • Redo parking lot surface. At the Council meeting you indicated that these last two items would occur along with an expansion of the building. If and when you do decide to expand the shop, I would recommend that you meet with the City Zoning Administrator (me or whoever it is at the time) to go over your ideas before you proceed too far. It is sometimes difficult to expand older buildings because of changes in setback and building code requirements. It is my understanding that you agreed to this schedule of improvements and to the two-year limit on the CUP. If you have a different understanding, please give me a call at 861-9766. I will place this letter in the property file so it is clear to any future staff or property owners what improvements are expected and when. Si Julie Urban Zoning Administrator JAU:ttf Enclosure Copy: George Atkinson, Engineering Division w • .~ ~- ~ ~~~ _ _ _ _,~ .EAST 66TH STREET ~ _ ~ ~ 108.58' _ (_ 22' _ ~ 8' ~ EXISTING SIDEWALK ~I ~~ •i 0 N 1 N 1 o / ro ;~ ca EXISTING SOD N ~ 9'B YS ~ 1 _ 1 ~~ ~ ~ EXISTING PAVEMENT - + ~~ ' o. I o i ~ ~~ 1201 EAST 66TH ST. I ~---- ~ j EXISTING ~ BUILDING N 1380 SQ. FT. SITE AREA - 13,858 SQUARE FEET • 1201 E. 66TH ST. -~~''''~'d~'~'°' N ~p~y~ PLANNING scare ~°=2s~ +iol 6~ ~~Z~N NG v lt/-i~ r ~~ ~ '. _ _ . _, _ EAST 66TH STREET - _ ~ ~ ~ 108.58' 22' 8' I i ~T' ; EXISTING SIDEWALK EXISTING SOD N t~ ~ 9'B YS ~ ~ ~~ f ~I ~ EXISTING PAVEMENT ~ ~ +..~- I 0 i 1 a o' 201 EAST 66TH ST. . ~---- i N ~ EXISTING ~ + r N ! BUILDING a 1380 SQ. FT. ,WA ~ ~w-0~1~i 63'-3" 49'-4" 26' i i 138.58' SITE AREA - 13,858 SQUARE FEET P®~®E ITE PL~4N ~ _ ~ - oz ~20y` E. 66TH ST. -~ ~ r' ~~a PLANNIN ,,~ G „_ ~ °i ZONING SC 1 25 ale wi~~ ~p~ ..^~ ,,-~~ .`~.,o~ 4 CITY OF RICHFIELD, MINNESOTA . Council Letter No. 114 Agenda May 24, 1999 Issue Statement: Public hearing and consideration of a resolution adopting revisions to the City's Comprehensive Plan. Background: The Planning Commission conducts an annual review of the Comprehensive Plan. The Commission recommends the following changes to the Comprehensive Plan based on its review: • Revise the definitions for the different types of commercial designations to better distinguish among the three types (regional, community and neighborhood). • Update references to the Master Park Plan to reflect the new plan adopted by the City Council in January 1999. • Reference The Lakes at Lyndale: the Richfield Lake Area Plan as a concept for the area. • Reference the ~ndale Gateway A Redevelopment Plan and Study as a concept for the area along Lyndale between 74th and 77th Streets. Make a distinction between redevelopment plans for the Lyndale area south of 76th Street and improvement plans for the area. north of 76th Street, between 74th and 76th Streets. • Change the Comprehensive Plan designations for the properties in the Lyndale Gateway area from Plan Study to Community Commercial and Community Commercial/OfFce. • Change the language "trailer park" to "manufactured home park." • Change the designation for the Richfield Floral & Gardens block from high-density single family residential (R-SFH) to neighborhood commercial (C-N). • Update the land use calculation table to reflect the new designations. • Delete references to specific businesses and apartment complex names throughout the Comprehensive Plan. • Update language in the Implementation section relating to rezoning and the CIP/CIB. • Add the current Airport Noise Policy Area map to the Comprehensive Plan, as required by Metropolitan Council guidelines. The Comprehensive Plan is divided into five sections. The proposed revisions affect sections three (Plan Elements) and four (Implementation). The first section is an Executive Summary of the Comprehensive Plan. The Executive Summary and all accompanying maps will also be updated accordingly once the proposed changes are adopted by the Council and approved by the Metropolitan Council. Recommended Motion: Conduct a public hearing and approve the resolution adopting revisions to the Comprehensive Plan subject to approval by the Metropolitan Council. ~ J ` Basis of Recommendation: • 1. Two planning studies, ~ndale Gateway a Redevelopment Plan and Strategy and the The Lakes at Lyndale~ the Richfield Lake Area Plan, have been conducted since the Comprehensive Plan was adopted. It is appropriate to update the Comprehensive Plan based on this work. 2. The Lyndale Gateway area is designated as Plan Study in the Comprehensive Plan. As the City Council and Planning Commission review development proposals for the area, it is appropriate to remove the Comprehensive Plan Study designation and provide specific Comprehensive Plan designations. 3. The proposed revisions are consistent with the goals and objectives of the Comprehensive Plan. 4. The Planning Commission conducts an annual review of the Comprehensive Plan and recommends any needed changes based on the review. 5. The Planning Commission conducted a public hearing on the revisions on March 23, 1999. 6. The Planning Commission reviewed the public comments at a study session on April 13 and made changes to the revisions based on those comments. 7. The Planning Commission unanimously approved the revisions on April 27, 1999. 8. Notice of the public hearing was published in the Sun-Current and mailed to property owners within 350 feet of properties with new Comprehensive Plan designations. Alternative Recommendation: 1. Do not approve the recommended revisions to the Comprehensive Plan. 2. Approve the revisions with changes. 3. Return the revisions to the Planning Commission for additional study. Discussion/Decision Mode: A public hearing is scheduled for 7:00 p.m. on Monday, May 24, 1999 in the Council Chambers, Richfield City Hall, 6700 Portland Avenue. ~~y ~~~y iviaiiayci SLD:ds Attachments ~{-a RESOLUTION NO. RESOLUTION OF THE RICHFIELD CITY COUNCIL ADOPTING REVISIONS TO THE RICHFIELD COMPREHENSIVE PLAN, 1997-2007 WHEREAS, the City conducts an annual review of the City's Comprehensive Plan; and WHEREAS, the Planning Commission conducted a public hearing concerning adopting the revisions on March 23, 1999; and WHEREAS, the appropriate jurisdictions have been notified of the amendment to the City of Richfield Comprehensive Plan; and WHEREAS, the City Council has conducted a public hearing concerning adopting revisions to the Comprehensive Plan on May 24, 1999. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota that revisions to the City of Richfield Comprehensive Plan, 1997- 2007, are hereby adopted subject to the following condition: 1. That the revisions be submitted to and be reviewed and approved by the Metropolitan Council Adopted by the City Council of Richfield, Minnesota this 24th day of May, 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • RICHFIELD COMPREHENSIVE PLAN • Volume Three: Plan Elements and Cedar Avenue subarea plan graphics included in Section 6.2. B. Community Commercial (C-C) developments offer a variety of retail goods and services in str-uctur~s----districts of up to 150,000 square feet in floor area.--TMere de~e~k3~e~t-sue ~#e-G'+,~,~-'may, Opportunities for new community level facilities would be limited due in large part to the dominance of the Hub Center development of individual retail structures scattered along East 66th Street in the eastern part of the City, the proximity to the Southdale Regional complex in the .west and the I-494 freeway exposure along the south boundary. However, Tthe Plan shows #;we-locations for community commercial development (-See near Cedar Avenue graphic and East 66th Street gr-aph+c---~n----6:2-}; ---w#~ite----a---th+rd---may }~__P-tarp--~tu~-y--area--ator~g I~n~-lol~~~o~~-~oni ~a r~nrfh of ~`~~f-~`~ I-L--#-----graphi-c-----i~...--6:2)-----e~rrentl-y..:.-u~de` r------a specific---pla+~rring----progr-ar-r+: The corner of 66th Street and 18th Avenue should become a suitable location for community scale retail in the eastern part of the City after 18th Street has been improved to be the collector street (replacing Cedar), and the TH77/66th Street interchange has been upgraded. The scattered retail along 66th Street between Portland and Cedar Avenues should be consolidated at the 13th Avenue intersection into a community scale commercial development. This would provide for better and safer traffic flow on East 66th Street, permit better screening between the commercial and adjacent residential areas that is difficult to accomplish on an individual site basis, and better serve shoppers as well. Both sides of Lvndale Avenue from 62nd Street to Lake Shore Drive are also designated Community Commercial. A third Community Commercial exists along Lvndale Avenue, north of 74th Street. C. Neighborhood Commercial (C-N1 developments provide space for goods and services that neighborhood residents need on a frequent basis. These include but are not limited to gasoline stations, .grocery or convenience stores, drug stores, hardware stores, coffee and prepared food outlets, and dry cleaning and apparel repair. 1.3 Industrial Industrial uses such as manufacturing, processing, assembly and warehousing require large sites and tend to cluster with other similar uses in larger tracts. The only potential area for this kind of large site, large structure development is limited to the New Ford Town area and other land east of Cedar Avenue that is affected by future airport development as planned by the Metropolitan Airports Commission (MAC). Since the City has no direct planning authority over lands owned or controlled by the MAC, this area is shown on the Plan as industrial, but is not included in the land use calculations nor is it covered by the planning regulation or administration portions of this Plan. The City will continue to exercise planning influence as an advisory committee participant in the MAC THREE-4 C IELD COMPREHENSIVE PLAN Volume Three:.. Plan Elements • • designation recognizes those areas currently under some kind of specific planning or design study and also recommends areas that should be studied. There are currently no Plan Study area designations in the Plan. 1.8 Summary The summary of land use areas and housing units as a result of adoption of the 1997-2007 Plan is compared both to existing conditions and to the 1982 Plan proposal to illustrate the potential changes in land use proposed by the Plan. These figures do not include any part of the New Ford Town or Rich Acres areas presently under acquisition by the MAC. All figures are derived from seating---+~aps----and----site pl•a~s---------and---------are; ---------fof----...--that----------reason; representa#+ue-the City's Geographic Information System (GIS) rather than measured or surveyed areas. Some of the sub-classes were not addressed in the 1982 Plan documentation and several required some interpretation in order to be comparable. The significant changes are increases in single-family, high-density and mixed use commercial and office. This follows the goals and objectives established by the steering committee and Planning Commission. Because the grid system of streets results in above average suburban street area and because new development areas are a scarce, deliberate effort was made to vacate streets and utilize the area for development wherever possible. The Cedar Avenue corridor plan represents the largest vacated street area. See Summary of Land Use Comparisons. SUMMARY TABLE OF LAND USE COMPARISONS (figures represent the percent of total land area in the City) Land Use Designation Current 1997-2007 Plan Category Acres % Acres Single-family Housing 2-~ -93-3-2120.2 47:846.71869.5 4:641.2 Multi-Family Housing - 1-75-:5212.7 3:84_7 1-46-8366.4 3:28_1 Commercial 209:-2245.6 4:75_4 292:-3333.2 6:47_3 Public &Quasi-Public 288-8217.8 44_8 295-9225.9 4:550 Airport & Railroads ~5~8 0-~0„~1 ~0 0:-3 Parks & Recreation 466:4437.8 X8:29_7 475:8467.9 10.43 Roads & Streets 1,286.9 28:1.28.4.1- ;27-0:01273.3 2-7-:628.1 Water (non-park) 0.2 0.004 0.2 0.0004 Vacant ~-8:89.1 8:-60.2 a-80 0.0 TOTALS 4;5894,536.1 100.0 4,587.9 100.0 THREE-6 r C RICHFIELD COMPREHENSIVE PLAN r Volume Three: Plan Elements PART TWO Parks ~ Open Space 2.1 Overview -- 1989 Parks Plan The 198999 Parks Plan outlined and defined a complete system of park components that will mature physically and programatically as cultural and community elements are added to a parks and open space system that has been well-developed over the past twenty years. The Comprehensive Plan proposals include all of the 195999 Parks Plan recommendations as updated including: A. Following the adopted "System Plan" as a guide to balancing recreation, culture, ornamentation and conservation elements in all park development and redevelopment projects beginning with swell-documented, current inventory of park sites and facilities classified under the system elements. B. Adopting policies and procedures that will encourage retention of private and quasi-public open space such as cemeteries, private schools, churches and civic organizations. C. Implement adopted development investment priorities for existing and proposed new park sites including acquisition of homes and land within the park boundaries as they become available and complete development and/or upgrading of all park sites in the following priority order: (1) Complete the acquisition of land and homes within the proposed park boundaries as they come up for sale: Adams Hill, Fremont, Garfield (trade), Lincoln Field, Heredia, Monroe, Roosevelt, Taft, and Veterans parks. (2) Complete Veterans Memorial Park development o~+;,,,+,o~ f.~,.cr+„ as a City community park including the multi-use community center as planned. (3) Complete the redevelopment and upgrading of all remaining neighborhood parks beginning with those that are undersized or underdeveloped. (4) Replace the Rich Acres municipal golf course. (5) Continue joint use and development of school sites, particularly as replacement for facilities lost to airport expansion. (6) Plan and construct acity-wide bike/hike trail system that will include trails within the proposed freeway right of ways and an internal loop system that connects major parks, schools and other community activity centers with the freeway and MNS railroad trail corridors and neighboring cities. (7) Promote the private development of a portion of the Washington Park site as a mixed use, residential/commercial/fitness and recreation facility and replace lost open space and facilities by acquisition of homes required to expand the Wilson Pond site. (8) Sell New Ford Town and Rich Acres parks to the Metropolitan Airports Commission and use the funds to acquire and .develop replacement facilities. THREE-7 R~CHl'IEI~D COMPREHENSNE PT.AN • • Volume Three: Plan Elements Replacement facilities should be developed in accordance with the adopted Ballfield Replacement Plan. A. Add a multi-use recreational structure 2.2 Open Space/Urban Shaping Policies Open space resource/urban shaping policies should provide for the retention of existing open space resources and encourage provision of additional amenities and specifically should: A. Require the Minnesota Department of Transportation to include bike/hike paths and landscape development within the upgraded freeway right of way (except 1- 494) so that these areas become open space assets for the City. B. Acquire or support the acquisition. by others of the MNS railroad right of way for a bike/hike trail corridor and develop as a landscape asset. C. Require the provision of significant open space/cultural resources in all private or public redevelopment projects. D. Provide adequate landscape elements within the design of the off-street bike/hike corridor system. E. Add landscape improvements to all stormwater holding ponds to improve their function as open space assets. 2.3 Special Facilities Special facilities are well-used and must be maintained .and improved to meet future needs, including: B. Acquire the Fort Snelling golf course grand add nine holes of regulation golf: and upgrade.....-#ac+I+ties------f-or------ t#~e.......RiEh------fires setfr-ses C. Add historic and cultural interpretation of the Bartholomew home to the Wood Lake Nature Center program. D. -----Upgrade---~-Continue development of Veterans Park ta---ir}slude---a---feisure---water- ~hcr fo.~4~ ~rec as a community park. 2.4 Maintenance and Operations Maintenance and operations are well- directed and consistent but must be constantly improved to meet higher standards through the following practices: A. Provide adequate maintenance, storage and support facilities and efficient, effective maintenance equipment. B. Adopt and follow a plan for establishing, measuring and improving maintenance standards and operations. C. Continue to select, train and retain competent, experienced staff. 2.5 Funding Funding and other recommendations are intended to continue to provide a sound fiscal basis for parks, recreation and open space funding as follows: THREE-8 • U RICHFIELD COMPREHENSIVE PLAN ~-~ Volume Three: Plan Elements incentives and active neighborhood resident organizations. development and redevelopment that increases tax base. G. Review zoning, platting, building regulations and the approval process itself in order to provide flexibility and expeditious reviews for development and redevelopment proposals. H. Continue the housing assistance programs through the Richfield HRA grants and loans program. I. Increase commercial development to provide jobs that are located near housing development areas. PART FIVE Economic/Fiscal 5.1 Recommendations Recommendations for planning must recognize the trend toward less state and federal funding, while at the same time the need for more public funds for capital and operating budgets in a maturing community. The Plan proposals include: A. Study and evaluate all fees and charges for public services to see that revenues cover the full costs of services and all supporting infrastructure maintenance and reserves and propose grant or subsidy policies to respond to the needs of special groups or populations B. Study and evaluate privatization options for public functions that are fully or partially funded with tax revenues. C. Enlarge and extend tax increment financing districts to encourage D. Adopt industrial revenue bonding procedures to finance private development that increases tax base. E. Continue to use revenue and general obligation bonds to finance public facility capital improvement programs. PART SIX Subarea Plans The subarea plans cover nine specific segments of the City that have particular planning needs that require more detail. These areas were defined and described in Volume Two, Part Seven. 6.1 Subarea Plan Descriptions A. LYNDALE-HUB-NICOLLET (LHN) The LHN sub-area has been the Richfield downtown" since it was developed over 40~A years ago. The area has gone through two major improvement and redevelopment stages since its original construction, the most recent of which added high-density residential structures, mixed residential and commercial and an extensive "facelift" of the "HUB" commercial structure itself that has restored the commercial vitality that was fading in the 1970s. The Richfield Lake eeeter-area (Crosstown to 68t" Street and I-352 to Pleasant Avenue ~ ~~^~'~'~ °~~ ~° arid---I-~A7 has been shaped by the water and soil conditions of the lake area. Both Lyndale Avenue and THREE-14 RICHFIELD COMPREHENSIVE PI,Al1T • r: • Volume Three: Plan E iements West 66th Street deviated from their rigid gridiron pattern to skirt the lake and create a rare, non-perpendicular intersection of these two arterial streets. In 1997 and 1998, a planning process was undertaken for the area. The resulting master__plan, The Lakes at Lyndale: the Richfield Lake Area Plan, is a concept for the area that is incorporated into Tthe Plan by reference. The obiectives of the Master Plan are as follows: 1. Proactively work with MnDOT on its Interstate-35W improvement project, ensuring that Richfield does not suffer a net loss in housin . 2. Take advantage of opportunities to provide more and varied housing. 3. Use redevelopment to provide new commercial investment and upgrade commercial/retail 4. Take advantage of the aesthetic and recreational opportunities provided Richfield Lake. 5. Solve existing neighborhood cut- east sides. of Lyndale Avenue between West 63rd and 64th Streets would be bordered by high density single family housing. Mixed use projects incorporating high density single and multiple family housing and commercial uses would be encouraged throughout the Lakes on L.Yndale area. The northeast corner of 66th and Lyndale would be developed as community commercial and office (C-C/O), with specific uses that would encourage day and nighttime activity. The regional commercial/office (C-R/0) development in the southeast corner of 66th and Lyndale would be expanded to include the Pleasant/Grand Avenue block. Neighborhood commercial (C-N) at the corner of 67th and Lyndale would provide a transition from the commercial to the single family neighborhood to the south. through traffic roblems. Improve transit opportunities. 6. Im rove the - a earance of the community's gateways. 7. Involve the community in the planning processd 8. Realize the kind of redevelopment success on this project that Richfield has experienced .elsewhere in the community c;~date--t#e-c~er~f--~ar~d ~ ~ ~e F a#der-r~s-€~+s#+r~--s+agfe-far~i~ly-uei~s e•innlr~_f~mily _-~m9 T`.-r~ nrr~ hinh_~or~ci}~i hni icinn /}n~anhn~ ~aoe1 by ~n~nrlinn }hr~ 1/~/nr~rll~I~a \/illono To .accomplish ....these obiectives, .____Tthe commercial (C-C) area along the west and The single-family residences on the west side of Harriet Avenue between West 64th and West 65th Street should be converted to commercial (C-C) to provide for additional development and parking for that developed area. The single-family dwellings between Harriet and Grand Avenues and along the west side of Garfield Avenue between West 63rd Street and I-35W should be converted to high- density (RSF-H) as a transitional use. Garfield Park is a strip of land nearly one block Ion and 75 feet wide that accommodates a tot play lot. However, all other park uses would intrude. on the neighboring lots. The Plan shows the acquisition of single-family lots in order to THREE-15 • • RICHFIELD COMPREHENSIVE PLAN Volume Three: Plan Elements provide a site of about one acre in the shape of a square. The north half of the existing park could be added to the medium density, multiple residential development already in place to the west. A bike-hike trail should cross the I-35W freeway at 64`h Street and go through the Richfield Lake Park and the commercial development. The Wood Lake sector (south of West 66th Street between Lyndale Avenue and I- 35W) includes a recommendation to convert the few remaining single-family residences along West 66th Street to townhomes and. to acquire the two residences and one vacant lot along the north side of Lake Shore Drive to incorporate as open space, parking or accessory buildings for the existing high- density residential (RM-H) development. The large open spaces of St. Peters Church/School and the Academy of Holy Angels dominate the Holy Angels sector by providing relief to the intense commercial development north of West 66th Street. T-,-~-re~;~ninn ~inn~o fnmil~i (RSF-H) as a transition use along Nicollet Avenue, West 66th Street and the commercial (C-C) area at the intersection. The Northeast sector (north of West 66th Street and east of Nicollet Avenue) proposes an expansion of the commercial (C-C) into the east half of the block between West 64th and West .65th Streets and conversion of existing single-family residences along. the east. side of First Avenue and the north side of West 66th Street. The HUB sector (north of West 66th Street between Pleasantale and Nicollet Avenues) is the largest and most intensely developed sector of the entire subarea. Single-family residential housing along the east side of Blaisdell Avenue between 62nd and 63rd Streets and 64th and 65th Streets should be converted to high-density (RSF- H) and the lone remaining duplex at the corner of Nicollet Avenue and West 64th Street should be added to the commercial area (C-C) to the south. As they near the end of their useful life in the next few years, all of the medium density, multiple dwellings along the east side of the railroad should be converted to townhomes or patio homes that are more consistent with the neighborhood. The medium density, multiple along the north side of West 65th Street should be expanded by converting the five single- family residences in order to provide additional parking and landscaped area. The Southeast sector (south of West 66th Street and east of Nicollet Avenue) proposes to convert the existing single- family housing to single-family, high-density THREE-16 ~-~ ~ RICHFIELD COMPREHENSIVE PLAN Volume Three: Plan Elements ('fin ~i Dort i~ ~ ~+rin of I~nr! no~rh~sn hlnn~r-iv'~'rr9-a~-~d ~°ce~e--tl~a~ i~-r hhnrinn In+o. THc-~lor~n-r-~hnvrrs~~ +n nr~~~~~~n~vac-vn~a~ro i~~ ~~h-rctpc°-tit-u-vq ~ ~ o rucrrc--Th ° n n r+h h o if of +h mi ~I+inlo rocirlor~+inl rlo~iolnr~mor++ B. EAST 66TH STREET (HUB TO CEDAR AVENUE The Plan proposes to retain the existing commercial (C-C) on three of the four corners at West 66th Street and Portland Avenue. The northeast corner, however, is shown to be acquired as a site for a new Fire Station No. 1. Commercial (compatible with park activities) and high-density residential fill out existing private land to the north where the City should trade land with developers in order to provide more space around the arena. The desirable sites along the south side of West 66th Street across from Veterans Park should be converted to high-quality townhouses or patio homes as the existing multiple dwellings and commercial sites near the end of their useful lives. The 12th Avenue intersection should remain as a commercial corner, extending one full block to 13th Avenue on both sides of West 66th Street. The remaining three blocks to the east should be limited to office uses. Single- family, high-density (RSF-H) should serve as a transition use on all sides of the commercial and office areas. After the new fire station is occupied, the current City Hall and Public Safety Building should be redesigned to utilize the fire station space for community activities. The three existing homes along Portland Avenue should be added to the Heredia Park site to make up for the expanded City Hall parking area west of the building. C. PENN-66TH STREET (PASSS) In 1989, the Richfield Department of Community Development prepared a Design Framework Manual and completed a redevelopment plan for the PASSS (Penn Avenue Sixty-Sixth Street) area and proposed a tax increment financing district. The Plan recommends enlargement of that planning area, coordination of land uses and an increase in the tax increment financing district as much as is possible under current legislation. The recommendations of the Design Manual are incorporated into the Plan. The Plan proposal detail includes the area between the Crosstown Freeway (MN62) on the north to West 70th Street on the south and from Xerxes Avenue on the west to 1-35W to the east. The Plan proposals for the PASSS area are presented under three headings: (1) streets/access/ parking; (2) land uses; (3) public areas and uses. THREE-17 + RICHFIELD COMPREHENSIVE PLAN Volume Three: Plan Elements proposed for .that area along East 66th Street to the west. The existing 6BR-office building on Cedar Avenue at 67th-et Street dig-could be used as a model to encourage similar major corporate or multi-tenant office uses on assembled sites. to the south of this buildin G91?. As the suburban office market continues to improve and the airport development continues on the present site for the future, the feasibility of commercial, office and office-showroom uses for this area improves as well The Diagonal Boulevard intersection provides a logical place to provide Neighborhood Commercial (C-N) development, as long as access to TH77 remains. A neighborhood commercial use is already present in the form of a convenience storet~e----simper--ette, although that structure will be removed to make room for the relocated Cedar Avenue. Anew structure could be built on either of the two designated sites. The most southerly block and the east half of the next block that adjoins the redeveloped Washington Park should be Residential Multiple High-Density (R-MH) to further reinforce the development of an "indoor park"-recreation/athletic facility on a portion of the Washington Park site. F. PORTLAND AVENUE CORRIDOR The Portland Avenue Corridor planning is covered under the East 66th Street and 1- 494 Easy subarea plan proposals. Outside of those subareas, all of the lots that front on Portland Avenue should be designated as Single-Family, High-Density (RSF-H). Future conversion to attached single-family development should .result in fewer access points to the arterial street itself and should provide a compatible use to back up to the existing single-family, detached housing in these neighborhoods. G. PENN AVENUE CORRIDOR The key areas of the Penn Avenue Corridor planning is covered under the Penn Avenue/West 66th Street and I-494-West subarea plan proposals. The remaining lots that front on Penn Avenue should be designated as single-family, high-density (RSF-H) for the same reasons as outlined above. H. NICOLLET AVENUE CORRIDOR The key areas of the Nicollet Avenue Corridor planning is covered under the Lyndale-HUB-Nicollet (LHN) and the Interstate-Lyndale-Nicollet (ILN) subarea plan proposals. The remaining lots that front on Nicollet Avenue should be designated as single-family, high-density (RSF-H) for the same reasons as outlined above. I. I-494 CORRIDOR (EAST) The Interstate-Lyndale-Nicollet (ILN). subarea divides the total I-494 corridor through the City into two parts, East and West. The East part covers the areas between Third Avenue and Cedar Avenue, while the West part covers the area between the city limits and I-35W. THREE-23 -f~l~ RICHFIELD .COMPREHENSIVE PLAN Volume Three: Plan Elements • Both parks in the I-494-East area should be enlarged as the opportunity presents itself. The small triangle of land that will be a remnant when East 77th Street is extended across TH77 should be added to the Washington Park Development. This park should include special indoor facilities that are incorporated into amixed-use, high-rise structure similar to the Edinborough project in Edina. Park land lost to this development may be recovered by adding area to the Wilson Park site to the north. The single row of houses between Roosevelt Park and East 76th Street should .become part of the park when current owners are ready to sell and funds are available to cover acquisition costs. The area between Assumption Church and Portland Avenue should be Regional Commercial (C-R) andlor Office (O) based on the highest return potential for the City and the most appropriate opportunity. The Crestwood apartments and the plumbing contractor yard are the only inconsistent uses today and both sites and structures are in need of redevelopment. The a artment buildin s located between Portland and Park AvenuesSer-+ar~ should be converted to regional commercial use in order to provide a large enough site to support a feasible development that could provide goods and services to an expanded residential population in high- density units on adjacent sites. The remainder of the ~artment sites from Park to 12th Avenuesu~^^^+nn oi~^o ~.,.+~Q r`~r~ of +~a u~ri~_S~,ffe should be upgraded to high-density to complement the ~,~~ Tn~aorc nr,,,o^+high-rise building at Chicago Avenue. A neighborhood convenience center to .primarily serve the high-rise residents could be incorporated into the high-rise project structures and could be connected with an enclosed structure or tunnel to the ~+s~+et~ ,.,ens existing high-rise by vacating Chicago Avenue. A neighborhood convenience commercial facility on the vacant land at 12th Avenue would be bracketed by Regional Commercial (C-R). The balance of the remaining space should follow the predominant uses today, Office (O) and Regional Commercial (C-R). The 1-494 corridor exposure provides the best opportunity for regional commercial development expansion in the City and should be promoted and encouraged. I. INTERSTATE-LYNDALE-NICOLLET Ij LNG The ILN area has been the subject of planning studies since 1985 and actual redevelopment work has been completed on "Phase I" (between Emerson and Colfax Avenues) and is underway for "Phase 2" (between Colfax and Lyndale Avenues). A new site and edifice for the Emerson Congregational Church was created at 76th Street and Girard Avenue as a result of the "Phase I" redevelopment. An earlier project produced a hotelt~ at the corner of Lyndale Avenue and West 77th Street. The most dramatic change for the area was the upgrading of West 77th Street to a four- lane, divided roadway with a 12-foot tall barrier wall along the residential properties THREE-24 • • RICHFIELD COMPREHENSIVE PLAN Volume Three: Plan Elements to the north. This major roadway connection between three freeway interchanges improved both access and visibility for what is now one of the most desirable commercial locations on the entire I-494 metro corridor. Additional improvements to Lyndale Avenue, including widening the bridge over I-494, will be required to complete project. The Plan proposal shows all of the developed regional commercial areas as regional commercial (C-R) and expands that use designation to all the rest of the area except two sites -- the erlea~' si-tenortheast quadrant of I-494 and__ 35W (Ffemont---Girard to Emerson Avenues and 76t" to 78t" Streets) and the flew--~rtear~s Sou~t--apartment site on 77`" Street fromE Wentworth to Nicollet Avenues). Tax base and traffic distribution considerations require some non-commercial uses in this subarea and then major office tower use on the Cloverleaf---.northeast quadrant site is the logical choice. T-lie--fr-eeway---inter-s ec~#+e+~-site-effefs--tlae +post--vis+b+l+ty-{-"-banee~-ualt~e"-}~of--ar~y--site-+n the-en-t+r-e-rnet-r-o-area:----f3e~relop+~ent--on -th+s cite - sfaou ld-be-r~o r-e-#-bran-~i~~,,~-weTl-done; +~--st~eld---be--st-rilE+ng-aed-sfioutd---be identified-as-the--"#r-ant-door-"--of -the--C+ty-: The Plan eliminates the City garage site and replaces that inconsistent and inefficient use of valuable land with mid- density, multiple residential (R-MM) north of West 77th Street and regional commercial (C-R) to the south. The City facilities should be relocated to the former New Ford Town or other airport lands or other less valuable redevelopment locations within the City. When the manufactured home park"tra+ler-- park" is redeveloped, the east half would be an important addition to Lincoln Field, and the balance can be developed and upgrade what is already in place. ---T#~e mi-xed-----------co+~~er-c+at-----------aed-----------resideet+at deve I~as---been--des+gr}ated--as--"-R Ian...St udy,,.-{-P S} ir}--the--#'ta+~:-----Pfa+~--stuydy---ie--not--a--proposed tCt ~, ~r~rre-ii'~i at-t#~e-tire- tbe-Ptae-+s--adopted:----kiowevei-;--+t evo+ds----the----possible----implication-s--of---other- design The Lyndale Gateway area, bounded by 74t" Street on the north 77t" Street on the south Garfield Avenue on the east and Aldrich Avenue on the west, was part of a planning study in 1995 and 1996. The concept that was developed proposes an integrated mixed use development south of 76t" Street with shared parking and consisting of commercial, office and residential develo ment while offerin maximum protection for the adjacent neighborhoods. The area between 76t" and 74t" Streets is designated Community Commercial and medium density housing (RMH). The Lyndale Gateway: A Redevelopment Plan and Strategy, July 8, 1996, is a concept for the area that is incorporated into the Plan by reference. J. 1-494 CORRIDOR (WEST) The area between I-35W and Penn Avenue offers the same future commercial development potential as its counterpart to the east of I-35W. What it lacks is an upgraded street between the two freeway THREE-25 ~f i~ RIC IEI~D COMPREHENSIVE PT. A N Volume Three: Plan Elements interchanges. The Plan proposal suggests a concept to approach that situation by improving Knox Avenue and West 77th Street as the commercial connection to support proposed Regional Commercial (C- F2) sites on both sides of that upgraded street. The existing development can support or justify this and should be a strong candidate for complete or partial redevelopment with the support of this plan proposal. A mixed use project including High-Density Residential and Office would be most likely and is so designated. The Golony--~~Aapartments north of 76tH Street, between I-35W and Logan Avenue, offer a similar future opportunity for redevelopment. In this case, the western half can provide a site to add a few new single-family homes to support the good- quality housing to the west, while the east half would be Residential Single-Family, High-Density (R-SFH). The. remaining area between the commercial uses and West 76th Street from Logan to Penn Avenues would also be Residential Single-Family, High-Density (R-SFH). This area is about the same size as the Wood Lake Townhomes development on 66th Street and could develop in much the same way. West 76th Street carries very high traffic volumes today and the increased density and- character of the development in the proposed Plan will add even more traffic, particularly between Penn Avenue and I- 35W. For. that reason, the Plan proposal would close (or limit movements to right-in and right-out only) all of the intersections east of Penn Avenue except Logan and Newton Avenues and relocate the service road by combining it with the freeway ramp in order to improve the safety and movement of local and through traffic. Improvement of West 76th Street west of Penn Avenue should follow the "ALTERNATE ONE" plan adopted by the City Council in 1995 for widening and repaving. The proposed bike/hike trail should connect to Donaldson Park and the middle school and should follow West 75th Street west to Washburn Avenue and then to Adams Hill Park with connections to Edina trails. A second trail corridor should follow West 73rd Street and cross the freeway at or near the existing pedestrian bridge. Existing land uses would remain west of Penn Avenue except for the one single- family residence on the corner of West 76th Street and Sheridan Avenue. This residence .should be included in the Medium Density Residential (R-MM) area and the Tennis Club and service station would be included in the Regional Commercial (C-R) designation. Current plans for the improvement of I-494 will result in the elimination of the service roads both east and west of Penn Avenue. This will improve traffic flow on Penn Avenue between I-494 and West 76th Street with only one signaled intersection at West 77th Street that provides access into the commercial and multiple housing development to the east and west of Penn Avenue. K. AUGSBURG PARK and WEST 72ND STREET/CHICAGO AVENUE THREE-26 • V/ 'W V Z Q U H Z '~ V _Z 2 Z a 'W vI Z Q J LL Q C ~ co o ao 0o v, v, o ao 0 00 0 0 R ~ ~ 0 0 ~ 0 ~ O ~ ~ O O ~ O O ~ O N H c0 O N O CO O O 111 O O V: ~ ch ~ O O O O C M O 0 0 O) Y a O V O to ~ N CA O O N O O d3 ~ a~ ~ o ~ ~ ~ m ~ o o ~ , o 0 0 N U u ao O O CO O ~ V ~ 00 t17 O O ~ ~j A O ('~ 0 0 0 0 O CV O fM o vZ U W = CA 0 t(7 n 0 0 00 N O O O to n O Z ~ 3 a D N W ' ( Q K W r2 O M ~ O M t17 CO (O O 1n CO t!'J n Q v O M_ ~ ~ 7 t 0 ~ N O Q K V = 0 0 N (00 7 .M- N V 000 0 ~ O H i/t = M OO W Z ~ ~ 0 M N ~ r N N ll~ r 0 0 ~ 7 K ~ n rn o n R O (V O M ~ N ~ u ~ CO N C'D O O CO W A CO O O (h (V ~ a V tf1 r N O M V O a q 0 n ~V O) O M m V U I ~ ~ W CA .-- N O CO ~ V U O M N O E N O N ~ U Z w ~ Z = rn 0 u~ N n ~ ao M o u~ n ~ ~ 3 0 0 K Q '2 ~ ~ ~ (00 W (00 r M Q ~ ~ M 0 W ~ Q = M U7 C00 0 ~ N pp OO ~ lfJ ` N ~ 7 M Cn O R' N ~ LL N O N Z y 7 ~ I ~ ~ ao a0 00 N M CO c0 0 ~ ~ O CO ~ <t O O c0 ~ ~ F N LL O 0 7 R (V O M w a ~- O "> u' W a ~ ~a ~ °~ Z ~ ~ U v O n f0 ~ ~ (O ~ j ;; o ~i o ~ U U O N O = ~ 3 O O ~ ~ . 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Background: On April 4, 1999, the City received an application for a new. taxi. company license for 1999 from Yellow & White Taxi. The applicant has paid the required license fees. The applicant is the sole owner and operator of the business. At the present time, only one vehicle will be licensed. Community Development staff have been contacted and all requirements have been met. The Public Safety background investigation has been completed and reveals the following: • Liban Mohamud is the owner of the business. He has no known criminal record. The certificate of liabili insurance will be submitted as soon as possible. The • ty applicant has indicated that Twin Cities Group affords the required coverage. • The applicant will supply a list including the make, body style and year of the vehicle to be operated by the applicant and agrees to supply information for any added vehicles in the future. • At the present time, the number of vehicles to be operating in Richfield will not exceed one; however, if the business location moves, there is a possibility new vehicles will be added. Staff has also received the taxi driver application along with the required fee. Recommended Motion: Approve the request for a new 1999 taxi license for Yellow & White, 7700 Penn Avenue, with the following stipulation:. That the applicant has submitted the required certificate of liability insurance prior to May 24, 1999. 2. That the list, including the vehicle's year, make, model and VIN number is received • by June 1, 1999. ~~ Basis of Recommendation: 1. It appears the applicant meets the standards set forth in the ordinance. The applicant has also indicated the desire to comply with all codes and expectations of the City. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the license requested. Alternative Recommendation: 1. The Council could decide not to grant the license. This would result in the applicant not being able to operate a taxi company in Richfield. Discussion/Decision Mode:- Recommendation to approve the application for a new taxi company license for Yellow & White, 7700 Penn Avenue, is presented for Council consideration at this time. City Manager • SLD:ds • CITY OF RICHFIELD, MINNESOTA Council Letter No. 112 Agenda May 24, 1999 Issue Statement: Request by the Richfield Public Safety and Richfield Recreation Services Departments for an itinerant food license with fee waiver for the 1999 Summer Send Off to be held at Veterans Memorial Park on May 26, 1999. Background: On May 12, 1999, the Richfield Public Safety Department submitted a request for an itinerant food license for May 26, 1999. They are requesting that the fee be waived. The Summer Send Off is an event that offers families an opportunity to register for a wide range of children's summer activities in one place. Representatives from a number of different Richfield organizations, including Richfield Recreation Services, Richfield Public Safety, area churches, YMCA, Hennepin County libraries, Richfield Community Education and others will be there to provide information about their summer programs and events. A detailed activity plan of the day's events is currently on file. The food concessions will be operated by volunteers from the City of Richfield staff, as well as other volunteers from various City organizations. No outside vendors will be allowed to sell at a concession. The Public Safety Department has contacted food sanitarians from the City of Bloomington to ensure that proper food handling practices are followed. They will work with Bloomington sanitarians and follow their recommendations for safe and wholesome food handling. Recommended Motion: Staff recommends the approval of an itinerant food license with fee waiver for the Public Safety and Richfield Recreation Services Departments for May 26, 1999. Basis of Recommendation: 1. The applicants have complied with all of the provisions of the City application and meet the requirements to have fee waived. Alternative. Recommendation: 1. The Council could decide not to grant the license. This would result in the applicants not being able to conduct activities, especially those concerning food preparation, on May 26. Discussion/Decision Mode: Consideration of the request for the issuance and fee waiver of an itinerant food license for the Richfield Public Safety and Recreation Departments for their 1999 Summer Send Off to be held at Veterans Memorial Park on May 26, 1999 is presented for Council con 'deration at this time. R ully sub ed, • L. Act ng City Manager SLD:cak ~c CITY OF RICHFIELD, MINNESOTA • Council Letter No. 111 Agenda May 24, 1999 Issue Statement: Resolution authorizing approval of Reimbursement Agreement for Traffic Control Signal System Costs, Agreement No. PW 40-19-99, for reconstruction of two traffic control signal systems at the intersections of I-35W east and west ramps with 66th Street. Background: On May 10, 1999 the City Council adopted Resolution 8718 which authorized the Mayor and Acting City Manager to execute Minnesota Department of Transportation (MnDOT) Cooperative Construction Agreement No. 78666R. Agreement No. 78666R is a tri-party agreement including MnDOT, Hennepin County and the City of Richfield. The distribution of costs in Agreement No. 78666R is not in complete agreement with the County's present cost participation policy. Agreement No. PW 40-19-99, between the City of Richfield and Hennepin County, supplements Agreement No. 78666R. The MnDOT Agreement No. 78666R indicates the estimated amount of Richfield's share for reconstructing the two traffic control signal systems for I-35W ramps at 66th Street will be $17,.047.80. Under the County Agreement No. PW 40-19-99, the County will reimburse the City an estimated $8,407.80 with County State Aid funds. The final actual reimbursement to the City by .the County will be governed by actual amounts invoiced by MnDOT based on actual contract costs.. The MnDOT agreement overstates the City's cost when compared to the County's agreement. Therefore, in order to reconcile the appropriate City cost share without restructuring the original MnDOT agreement and delaying the project, it is most expedient to simply execute a supplemental agreement for the traffic control signal system. Recommended Motion: Adopt the attached resolution authorizing the Mayor and Acting City Manager to execute Agreement No. PW 40-19-99, Reimbursement Agreement For Traffic Control Signal System Costs, related to Hennepin County Project No. 9739 at County State Aid Highway No. 53, also known as 66th Street, in the City of Richfield at I-35W. Basis of Recommendation: 1. MnDOT Agreement No. 78666R is not consistent with Hennepin County's present cost participation policy. The MnDOT agreement indicates a higher cost to the City than is required under the County cost participation policy. As a result, the City's cost will be less. 2. The County and City are mindful of MnDOT's schedule for opening bids and starting • construction and do not wish to delay the process by requesting revisions to MnDOT Agreement No. 78666R. ~~~~ Alternative Recommendation: • Do not authorize execution of Hennepin County Agreement No. PW 40-19-99. However, such action. could substantially delay the work at 66th Street and I-35W because the cost participation outlined in MnDOT Agreement No, 78666R is at variance with present County policy. Discussion/Decision Mode: To keep the traffic signal reconstruction work at I-35W and 66th Street on schedule, Council is asked to take action at the May 24, 1.999 Council meeting. .~ r City Manager SLD:ds Attachments • ~C ~. RESOLUTION NO. • RESOLUTION AUTHORIZING MAYOR AND ACTING CITY MANAGER TO EXECUTE HENNEPIN COUNTY AGREEMENT NO. PW 40-19-99 COUNTY PROJECT N0.9739 COUNTY STATE AID HIGHWAY NO. 53 WHEREAS, the City of Richfield has entered into Agreement No. 78666R with the State of Minnesota, Department of Transportation, in partnership with Hennepin County; and WHEREAS, Agreement No. 78666R, among other things, provides for the reconstruction of the two traffic control signal systems at the intersections of Trunk Highway 35 east and west ramps with County State Aid Highway No. (CSAH) 53 (a.k.a. 66th Street); and WHEREAS, Agreement No. 78666R defines cost participation. by the City and the County which is not in complete agreement with the County's present cost participation policy; and WHEREAS, the City and County do not desire to delay the bid opening and construction process by requesting revisions to Agreement No. 78666R; and WHEREAS, Agreement No. PW 40-19-99 has been prepared as a supplement to Agreement No. 78666R for purposes of revising participation levels as defined in Agreement No. 78666R; and WHEREAS, Agreement No. PW 40-9-99 shall be null and void in the event the City, County and State of Minnesota fail to execute Agreement No. 78666R. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Acting City Manager be and hereby are authorized to execute Agreement No. PW 40-19-99, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. .Adopted by the City Council of the City of Richfield, Minnesota this 24th day of May, 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber,. City Clerk ~ ~-3 Agreement No. PW 40-19-99 County Project No. 9739 County State Aid Highway No. 53 City of Richfield County of Hennepin REIMBURSEMENT AGREEMENT FOR TRAFFIC CONTROL SIGNAL SYSTEM COSTS THIS AGREEMENT, Made and entered into this day of , 19 , by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Richfield, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the WITNESSETH: WHEREAS, The Minnesota Department of Transportation (Mn/DOT) has prepared a tri- party agreement (Mn/DOT .Agreement No. 78666R) between the City, the County, and Mn/DOT that, among other things, provides for the reconstruction of the two traffic control signal systems at the intersections of the Trunk Hi~hway 35W east and west ramps with County State Aid Highway No. (CSAH) 53 (a.k.a. 66 Street); and WHEREAS, Included in said Mn/DOT Agreement is a distribution of costs wherein participation by the County and the City are defined; and WHEREAS, Said cost participation is not in complete agreement with the County's present cost participation policy in regards to the County's and City's level of participation; and WHEREAS, The County and the City are mindful of Mn/DOT's schedule for opening bids and starting construction and do not desire to delay that process by requesting revisions to said Mn/DOT Agreement; and WHEREAS, The County and the City therefore desire to affect revisions to the participation levels defined in said Mn/DOT Agreement as set forth herein; and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes 1992, Section 162.17, Subdivision 1 and Section 471.59. NOW THEREFORE, IT IS HEREBY AGREED: -1- ~ ~~~ I Agreement No. PW 40-19-99 CSAH 53; C.P. 9739 The provisions herein supplement those set forth in Mn/DOT Agreement No. 78666R. In the event the City, County and State of Minnesota fail to execute Mn/DOT Agreement No. 78666R this Agreement between the County and the City shall be null and void. II The County shall reimburse the City directly for a portion of the costs assigned to the City in Paragraphs 3, 7 and 8 of said Mn/DOT Agreement No. 78666R in accordance with the following: Participation Shares Mn/DOT's per Mn/DOT Estimated Agreement Cost No.78666R Coun C~ Signal System "A" $140,000 2.5% 2.5% Signal System "A"EVP 6,500 0 5.0% Signal System "B" 140,000 2.5% 2.5% Signal System "B"EVP 9,200 0 5.0% Subtotal Engineering at 8% TOTAL AMOUNT OF REIMBURSEMENT TO CITY Revised Participation Amount Shares per Hennepin of County County's Cost Reimburse- Participation Policy ment to City Coun C~ 5.0% 0 $3,500.00 5.0% 0 325.00 5.0% 0 3,500.00 5.0% 0 460.00 $7,785.00 622.80 $8,407.80 It is understood and agreed that the aforelisted amounts of reimbursement to the City by the County are estimates and that the final actual amount of reimbursement by the County shall be governed by the actual amounts invoiced by Mn/DOT which will be based on actual Contract costs. It is fiu ther understood and agreed that the County will be funding said reimbursement to the City with County State Aid funds. In the event any action or inaction by the City results in the County's inability to collect State Aid funds for said reimbursement it is agreed that the County will not be obligated to reimburse the City as herein provided. III In addition to, and in accordance with, the aforelisted revised participation percentages, the City's share of the County furnished materials identified in Paragraph 4 of Mn/DOT Agreement No. 78666R shall be revised to 0%. No amount of reimbursement to the City is addressed herein as the actual payment from the City to the County is not provided for in Mn/DOT Agreement No. 78666R. -2- ~C~~ Agreement No. PW 40-19-99 CSAH 53; C.P. 9739 The City will not realize any costs for the County furnished materials as the County will not invoice the City for such costs. Upon receipt of Mn/DOT's requests for payments as set forth in Paragraphs 7 and 8 of Mn/DOT Agreement No. 78666R the City will invoice the County for reimbursement of funds deposited with. MrJDOT, and in accordance with Article II hereof. Said City invoice to the County shall include a copy of Mn/DOT's request of payment to the City. Payment shall be made to the City by the County for the full amount due stated on the invoice within forty five (45) days of the invoice date. V In the event Mn/DOT returns funds to the City as provided in Paragraph 8 of Mn/DOT Agreement No. 78666R for signal systems "A", "B", or their respective EVP systems, the City hereby agrees to further return 100% of said funds to the County within forty-five (45) days of their receipt. VI The matters set forth in the "WHEREAS" clauses at the beginning of this Agreement are incorporated into and made a part hereof by this reference. (This space intentionally left blank) s -3- +~+~ • ~e-~ Agreement No. PW 40-19-99 CSAH 53; C.P. 9739 IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF RICHFIELD (Seal) By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN ATTEST: By: Deputy/Clerk of the County Board By: Chair of its County Board Date: APPROVED AS TO FORM: By: - ~ A istan~t JCoun/ty Attorney Date: d /~ ~l 1 APPROVED AS TO EXECUTION: By: Assistant County Attorney Date: -4- Date: And: Assistant/Deputy/County Administrator Date: And: Assistant County Administrator, Public Works and County Engineer Date: RECOMMENDED FOR APPROVAL By: Director, Transportation Department Date: CITY OF RICHFIELD, MINNESOTA • Council Letter No. iio Agenda May 24, 1999 Issue Statement: Resolution certifying deferral of special assessments for certain eligible homeowners. Background: Resolution No. 7310, approved by the City Council on June 22, 1987, authorizes the City to approve requests for the deferment of special assessments upon homestead properties owned by persons 65 years of age or older or by persons of permanent total disability for whom it would be a hardship to pay such special assessments. One application for deferral of payment of special assessments has been received. The request is for the 1997 and 1998 nuisance abatement assessment in the amount of $5,126.07. Staff has determined that the applicant is .eligible according to the provisions contained in Resolution No. 7310. A resolution certifying the deferral of this special assessment for an owner occupied homestead property has been prepared for Council consideration. Recommended Motion: . Approve the resolution approving eligible deferral of special assessments against an owner occupied homestead property. Basis for Recommendation: 1. Resolution No. 7310 provides that the City may grant such deferrals. 2. City staff has determined that the applicant is eligible for this deferral. Alternative Recommendation: 1. Do not approve the resolution deferring the special assessment. However, this may cause severe financial hardship for the applicant. Discussion/Decision Mode: This resolution has been placed on the May 24, 1999 Council agenda for action. Re a tfully sub 'tted, Ste Acting City Manager SLD:ds • ~3~-I RESOLUTION NO. • RESOLUTION APPROVING ELIGIBLE DEFERRAL OF SPECIAL ASSESSMENTS AGAINST OWNER OCCUPIED HOMESTEAD PROPERTIES OF PERSONS PERMANENTLY AND TOTALLY DISABLED WHEREAS, Resolution No. 7310 was passed by the City Council on June 22, 1987, establishing procedures for deferment of special assessments against owner occupied homestead properties of persons 65 years of age or older and persons permanently and totally disabled; and, WHEREAS, application for deferral of payment of special assessments have been made on forms prescribed by the county auditor and the homeowner has furnished the city the necessary information for determining eligibility in compliance with. Minnesota Statutes, Section 435.193 to 435.195. NOW, THEREFORE, BE IT RESOLVED by the .City Council of the City of Richfield, Minnesota, that the following owner-occupied property be approved for deferral of special assessments as listed below: PROPERTY ID ADDITION. NO. AMOUNT 29-028-24-41-0125 46790 $5,126.07 1. Such deferral of payment of special assessments shall terminate and all amounts accumulated, plus applicable interest, shall become due upon the occurrence of any of the following events: (a) death of the owner, provided that the surviving spouses is not eligible for the benefits hereunder; (b) the sale, transferor subdivision of the property or any part thereof; (c) if the property should for any reason lose its homestead status; or (d) if for any reason the taxing authority deferring the payments shall determine that there would be no hardship to require immediate or partial payment. 2. That the City Clerk is hereby authorized to certify a copy of this resolution to the County Auditor of Hennepin County, Minnesota. Passed by the City Council of the City of Richfield, Minnesota this 24th day of May, 1999. Martin J. Kirsch, Mayor ATTEST • Thomas Ferber, City Clerk 3R CITY OF RICHFIELD, MINNESOTA • Council Letter No 109 Agenda May 24, 1999 Issue Statement: Consideration to authorize a lease agreement for antenna space with Sprint Spectrum LP for the Logan Avenue water tower. Background: As Council Members are aware the mobile telephone industry continues to grow and competition has entered the Twin Cities marketplace. A number of firms have authorization to establish telecommunications towers and operations in the Minneapolis/St. Paul area. As such, those firms are generally approaching cities and schools in order to negotiate lease agreements for the use of some of their respective facilities for antenna space. Lighting towers and water towers are two such facilities that provide an excellent base for antenna space. The City has previously approved lease agreements with American Mobile Telephone (APT) at the Logan Avenue water tower and Airtouch Cellular at the Penn Avenue water tower. Since those two agreements have been executed, the City has entered into other negotiations for leased antenna space. Currently, the City has been in discussions for two months with Sprint for location of an antenna on the Logan Avenue water tower. After considerable discussion, Sprint and the City have come to a tentative approval of a lease agreement including plans for the ground structure required to support the. antenna facilities. The major terms of the lease, which follow very closely a model lease developed by the League of Minnesota Cities, are as follows. 1. The lease is to begin June 1, 1999 pending approval of other agencies such as the FCC and will end on December 31, 2004. The term of the lease may be extended for three additional five-year periods. 2. The lease for the tower and antenna space shall be $15,000 for the initial year and be increased annually by four percent or the CPI, whichever is greater, over the previous year's annualized rent. However, 1999 will be prorated for the period June 1 through December 31. 3. The facility that would be needed by Sprint to provide support service to the antenna mounted would be incorporated into a fenced area under the existing water tower and would be secured from public access. 4. The provisions of the lease agreement with respect to the general terms and conditions of generally follow that of the League of Minnesota Cities model lease. • ~A ~~ Recommended Motion: Authorize the Mayor and Acting City Manager to execute a lease on behalf of the City regarding space on the Logan Avenue water tower to Sprint Spectrum LP for antenna space. Basis of Recommendation: 1. The antenna on the water tower will not cause any problems with the production of water for the City of Richfield. 2. The amount contained in the lease is a fair amount and is commensurate with what other cities are getting for similar antenna facilities in the metro area in 1999. 3. The lease, in its entirety, provides for many favorable provisions and protections for the City of Richfield, and in most respects. either equals or exceeds the standards set forth in the League of Minnesota Cities' model lease. 4. Sprint has agreed to the terms of the- lease agreement. Alternative Recommendation: 1. The City could determine that the lease provisions are not favorable enough for the City and renegotiate the entire lease or portions of the lease. 2. The City could postpone this item to a future meeting in order to gain more information regarding any aspect of this lease agreement. Discussion/Decision Mode: Staff is requesting approval at the May 24 City Council meeting so that Sprint may begin activity in conjunction with establishing this antenna space and the support structures needed to accompany it. A copy of the lease agreement is attached for City Council information as well as drawings of the placement of the antenna. ng City Manager SLD:cak ~a-a DRAFT • SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT ("Lease"), made this day of , 1999 between the City of Richfield ("Landlord"). and SPRINT SPECTRUM LP, a Delaware Limited Partnership ("Tenant"). For good and valuable consideration, the parties agree as follows: 1. Leased Premises. Subject to the terms and conditions of the Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord a portion of Landlord's property, located at 6401 Penn Avenue South, County of Hennepin, State of Minnesota, legally described in Exhibit A attached hereto, consisting of ground space for an equipment shelter, subject to any and all existing easements, and a portion of the Water Tower or other structures ("Structure"), as more particularly shown in Exhibit B attached hereto, on which directional antennas, connecting cables and appurtenances will be attached and located, the exact location of each to be reasonably approved by Landlord, together with appurtenant easements and access rights ("Leased Premises"). 2. Rent. (a) Amount, adjustments. As consideration for this lease, Tenants shall pay Landlord an annual rent in the amount of fifteen thousand and ($15,000.00) for the initial year. Said lease payment shall be increased each year on January 1 by the greater of: 1) 4% of the previous year's annualized rent or 2) by an amount equal to the increase in the Consumer Price Index (CPIU). The CPI shall mean the Consumer Price Index for all Urban Consumers, All Cities as published by the United States Department of Labor Statistics or if there shall be no successor index, such comparable index as mutually agreed upon by the parties. (b) Time of Payment, Taxes. Landlord shall communicate all rental increases to the Tenant in writing by the preceding December 1 of each year. The annual rental shall be paid before January 1 of each year. For this first year, the rental shall be prorated through December 31 and shall be paid to Landlord in full at the time Lease is executed. If the Tenant does not meet the requirements referenced in Subparagraph 3(a) below, and Tenant has diligently pursued such requirements, Landlord shall refund the Tenant rental payment made at the time of Lease execution and this Lease shall terminate. In addition to the annual rental, Tenant agrees to timely pay its prorata share of any taxes or payment in lieu of taxes required as a result of this Lease. • ~~ ~ 3. Governmental A~,proval Contingency. a Tenant A lication. Tenant's right to use the Leased Premises is () pa expressly made contingent upon its obtaining all the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority. This shall include the engineering study specified in Subparagraph 3(b) below on the Structure to be conducted at Tenant's expense. Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals and shall take no action which would adversely affect the status of the Leased Premises with respect to the Tenant's proposed use thereof. (b) Interference Study. Before obtaining a building permit, Tenant must pay for the reasonable cost of (i) radio frequency interference study carried out by an independent and qualified professional selected by the Landlord showing that Tenant's intended use will not interfere with existing communications facilities and (ii) an engineering study showing that the Structure is able to support the Tenant's Facilities, as defined in Subparagraph 5(b), without prejudice to the City's use of the Structure. If the study finds that there is a potential for interference that cannot be reasonably remedied or for prejudice to the Structure, Landlord may terminate this Lease immediately and refund the initial rental to Tenant. (c) Non-approval. In the event that any application necessary under Subparagraph 3(a) above is finally rejected or any certificate, permit, license, or approval issued to Tenant is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that. Tenant, in is sole discretion, will be unable to use the Leased Premises for its intended purposes, its Tenant shall have the right to terminate this Lease and be reimbursed for the rental payment if made pursuant to Subparagraph 2(b}above. Notice of Tenanfs exercise of its right to terminate shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by Landlord as evidenced by the return receipt. Except as required under Subparagraph 13(d) below, upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other. 4. Term and Renewals. The "Initial Term" of this Lease shall commence on June 1, 1999 ("Effective Date") and end on December 31 of the fifth calendar year (December 31, 2004) of the Lease. Subject to the terms and conditions of this Lease, Tenant may extend the term of this Lease for three (3) additional five (5) year renewal periods ("Renewal Term") commencing on January 1 following the expiration date of the Initial Term or of any subsequent Renewal Term. Tenant shall have elected to extend the term for each Renewal Term unless Tenant sends written notice to Landlord of Tenant's intention not to extend at least 90 days prior to each Renewal Term, Initial Term or any second or third Renewal Term, such notice provided in accordance with Paragraph 19 of the Lease. 3A-~ i 5. Tenant's Use. (a) User Priority. Tenant agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict while this Lease is in effect, and Tenant's use shall be subordinate accordingly: 1. Landlord; 2. Public safety agencies, including law enforcement, fire, and ambulance services, that are not part of the Landlord; 3. Other governmental agencies where use is not related to public safety; 4. Tenant: and 5. Government-regulated entities whose antennae offer a service to the general public for a fee, in a manner similar to a public. utility, such as long distance and cellular telephone, not including radio or television broadcasters. (b) Purposes. The Tenant shall have the exclusive use of the Leased Premises only for the purpose of installing, maintaining, and operating. aLandlord- approved communications antenna facility, equipment, cabinets and an accessory building, and uses incidental thereto for providing radio and wireless telecommunication services which Tenant is legally authorized to provide to the public. Tenant's use of any other portion of Landlord's property (including that portion of the water tower not included in the definition of "Leased Premises" in Section 1 hereof) shall be non- exclusive and Landlord specifically reserves the right to allow such other property to be . used by other parties and to make additions, deletions, or modifications to its own facilities on such property. Tenant's communications antenna facility shall consist of antennas at aLandlord-approved location, along with cable and appurtenances .connected to an accessory building or cabinet located on the Leased Premises ("Antenna Facilities"). Tenant shall comply with all applicable ordinances, statutes and regulations of local, state and federal government agencies. (c) Construction. Tenant may erect and operate an antenna array in accordance with its submitted application attached as Exhibit B. If Tenant seeks to increase the number of antennas, it must first pay for an evaluation carried out by a qualified professional, retained by Landlord demonstrating that (i) each additional antenna will not interfere with existing antenna or with proposed antennas with a higher priority and that (ii) any Structure can structurally support the additional antennas. The cost of each evaluation must be paid by the Tenant within 30 days after receiving written notice of the cost. Landlord must consent to installation of additional antennas; such consent will not be unreasonably withheld. If Landlord consents, the parties will negotiate the amount of additional rental for the antennas. (d) Operation. Tenant shall have the right, at its sole cost and expense, to operate and maintain the Antenna Facilities on the Leased Premises in accordance with good engineering practices, with all applicable FCC rules and regulations. Tenant's installation of all Antenna Facilities shall be done according to plans approved by • Landlord, which approval shall not be unreasonably withheld. Any damage done to the Leased Premises or other Landlord property including the Structure during installation or during operations shall be repaired at Tenant's expense within 30 days after ~~ notification of damage. The Antenna Facilities shall remain the exclusive property of the • Tenant, unless otherwise provided in this Lease. (e) Maintenance Improvement Expenses. All modifications to the Leased Premises and all improvements made for Tenant's benefit shall be at the Tenant's expense and such improvements, including antenna, facilities and equipment, shall be maintained in a good state of repair, at least equal to the standard of maintenance of the Landlord's facilities on or adjacent to the Leased Premises, and secured by Tenant. If Tenant's Antenna Facilities are mounted on the Structure they shall, at all times, be painted, at Tenant's expense, the same color as the Structure. (f) Replacements. Before the Tenant may update or replace the Antenna Facilities, Tenant must notify and provide a detailed proposal to Landlord. Tenant shall submit to Landlord a detailed proposal for any such replacement facilities and any other information reasonably requested by Landlord of such requested update or replacement, including but not limited to a technical study, carried out at Tenant's expense. Landlord may not unreasonably withhold approval. (g) Drawings. Tenant shall provide Landlord with as-built drawings of the equipment and improvements installed on the Leased Premises, which show the actual location of all Antenna Facilities. Said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal property, and Antenna Facilities actually placed on the Leased Premises. • (h) No Interference. Tenant shall, at its own expense, maintain any equipment on or attached to the Leased Premises in a safe condition, in good repair and in a manner suitable to Landlord so as not to conflict with the use of the surrounding premises by Landlord. Tenant shall not unreasonably interfere with the operations of any prior tenant using the Structure and shall not interfere with the working use of the water storage facilities thereon or to be placed thereon by Landlord. (i) Access. Tenant, at all times during this Lease, shall have access to the Leased Premises in order to install, operate, and maintain its Antenna Facilities. Tenant shall have access to the Structure only with the approval of Landlord. Tenant shall request access to the Structure twenty-four (24) hours in advance, except in an emergency, and Landlord's' approval thereof shall not be unreasonably withheld or delayed. In the event it is necessary for Tenant to have access to the Structure at some time other than the normal working hours of Landlord, Landlord may charge Tenant for whatever reasonable expense, including employees' wages, that Landlord may incur in providing such access to Tenant. Q) Payment of Utilities. Tenant shall separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall promptly pay all costs associated therewith. • 6. Emergency Facilities. In the event of a natural or man-made disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additional Antenna Facilities and install additional equipment on a temporary basis on the Leased ~~~~ Premises to assure continuation of service. Such temporary operation shall not exceed 90 days unless Tenant obtains written approval from the Landlord. 7. Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Leased Premises, including painting or other maintenance of the Structure that are caused by Tenant's occupancy of the Leased Premises. 8. Additional Buildings. Tenant acknowledges that Landlord may permit additional buildings to be constructed on the property described in Exhibit A. At such time as this may occur, Tenant will permit said buildings to be placed immediately adjacent to Tenant's building and will allow "attachments" to its building so as to give the appearance that all buildings are a connected facility. Said attachments will be made at no cost to Tenant and will not compromise the structural integrity of Tenant's building. 9. Defense and Indemnification. (a) General. Tenant agrees to defend, indemnify and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by Landlord or for which Landlord may be liable in the performance of this Lease, except those which arise solely from the S negligence, willful misconduct, or other fault of Landlord. Tenant shall defend all claims arising out of the installation, operation, use, maintenance, repair, removal, or presence of Tenant's Antenna Facilities, equipment and related facilities on the Leased Premises. (b) Hazardous Materials. Without limiting the scope of Subparagraph 9(a) above, Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Leased Premises associated with the Tenant's use of Hazardous Materials. Landlord will be solely responsible for and will defend, indemnify, and hold Tenant, its agents, and employees harmless from and against any and all direct. claims, costs, and liabilities, including reasonable attorney's fees and costs, arising out of in connection with the removal, cleanup, or restoration of the Leased Premises with respect to Hazardous Materials from any and all sources other than those Hazardous Materials introduced to the Leased Premises by Tenant and their agents, including independent contractors. Nothing herein shall be deemed a waiver by Lessor of the limitations on liability set forth in Minnesota Statutes, Chapter 466. For purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation, asbestos, petroleum, fuel, batteries, PCBs, • or any hazardous substance, waste, or materials as defined in any federal, state or local environmental or safety law or regulations including, but not limited to, CERCLA, and ~~ ~~ the Clean Water Act. • (c) Tenant's Warranty. Tenant represents and warrants that its use of the Leased Premises will not generate and Tenant will not store or dispose of on the Leased Premises, nor transport to or over the Leased Premises, any Hazardous Materials, unless Tenant specifically informs Landlord thereof in writing twenty four hours prior to such storage, disposal or transport, or otherwise as soon as Tenant becomes aware of the existence of Hazardous Materials on the Leased Premises. The obligations of this Paragraph 9 shall survive the expiration or other termination of this Lease. 10. Insurance. (a) Workers' Compensation. The Tenant must maintain Workers' Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer's Liability coverage with limits of not less than $500,000 Bodily Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disease, each employee. (b) General Liability. The Tenant must maintain an occurrence form comprehensive general liability coverage. Such coverage shall include, but not be limited to, bodily injury, property damage -broad form, and personal injury, for the hazards of Premises/Operation, broad form, contractual, independent contractors, and products/completed operations. The Tenant must maintain aforementioned comprehensive general liability coverage with limits of liability not less than $5,000,000 each occurrence; $5,000,000 personal and advertising .injury; $5,000,000 general aggregate, and $5,000,000 products and completed operations aggregate. These limits may be satisfied by the comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy are no less than the underlying comprehensive general liability coverages. (c) Automobile Liability. The Tenant must carry Automobile Liability coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in the amount of $5,000,000 per accident. The liability limits may be afforded under the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy provided coverage of ridges afforded by the Umbrella Excess Policy are no less than the underlying Commercial Auto Liability Coverage. Coverage shall be provided for Bodily Injury and Property Damage for the ownership, use, maintenance or operation of all owned, non-owned and hired automobiles. The Commercial Automobile Policy shall include at least statutory personal injury protection, uninsured motorists and underinsured motorists coverages. ~~~~ (d) Tenant Property Insurance. The Tenant must keep in force for the • duration of the Lease a policy covering damages to its property at the Leased Premises. The amount of coverage shall be sufficient to replace the damaged property, loss of use and comply with any ordinary or law requirements. (e) Additional Insured -Certificate of Insurance. The Tenant shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company (rated B+12 or better), licensed to do business in the state of Minnesota, which includes all coverages required in this Paragraph 10. Tenant will list the Landlord as an Additional Insured on the General Liability and Commercial Automobile Liability Policies. The Certificate(s) shall also provide the coverage may not be canceled, non-renewed, or materially changed without thirty (30) days prior written notice to the Landlord. 11. Damage or Destruction. If the Leased Premises is destroyed or damaged, without contributory fault of the Tenant or its agents, so as, in Tenant's judgement, to hinder its effective use of the Antenna Facilities, Tenant may elect to terminate the Lease, upon 30 days' written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to reimbursement of pre-paid rent covering the period subsequent to the date of damage to or destruction of the Leased Premises. 12. Lease Termination. . (a) Events of Termination. Except as otherwise provided herein, this Lease may be terminated by either party upon sixty (60) days written notice to the other party as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); (ii) by Tenant for cause if it is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Antenna Facilities or Tenant's business; iii) by Tenant for cause if the Leased Premises is or becomes unacceptable for technological reasons under the Tenant's Antenna Facilities, design or engineering specifications or the communications systems to which the Antenna Facilities belong; (iv) by Landlord, if its Council decides, for any reason to redevelop the Leased Premises and/or discontinue use of the Structure for all purposes. If Landlord decides to discontinue use to redevelop the Leased Premises, Landlord shall provide aone-year written notice to Tenant. U ~~ ~~ (v) by Landlord if it determines that the Structure is structurally a unsound, including, but not limited to, consideration of age of the Structure, damage or destruction of all or part of the Structure on the Leased Premises from any source, or factors relating to condition of the Leased Premises; (vi) or by Landlord if it determines that a potential user with a higher priority under Subparagraph 3(a) above cannot find another adequate location, or the Antenna Facilities unreasonably interfere with another user with a higher priority, regardless of whether or not such an interference was predicted in the initial interference study that was part of the application process; or~ (vii) by Landlord if it determines that Tenant has failed to comply with applicable ordinances, or state or federal law, or any conditions attached to government approvals granted thereunder, after a public hearing before the Landlord's Council. (b) .Notice of Termination. The parties shall give notice of termination in writing by certified mail, return receipt requested. Such notice shall be effective upon receipt as evidenced by the return receipt. All rentals paid for the Lease -prior to said termination date shall be retained by Landlord. (c) Tenant's Liability for Early Termination. If Tenant terminates this Lease other than of right as provided in this Lease, Tenant shall pay to Landlord as liquidated damages for early termination, 150% of the annual rent for the year in which Tenant terminates unless Tenant terminates during the last year of any Term under Paragraph 4 and Tenant haspaid the annual rental for that year. (d) Site Restoration. In the event that this Lease is terminated or not renewed, Tenant shall have 60 days from the termination or expiration date to remove its Antenna Facilities, and related equipment from the Leased Premises, repair the site and restore the surface of the Structure. Upon the commencement of this Lease, Tenant shall provide a performance bond in the amount of $5,000,000 to guarantee timely restoration of the Site following any lease termination. In the event that Tenant's Antenna Facilities, and related equipment are not removed to the reasonable satisfaction of the Landlord, they shall be deemed abandoned and become the property of the Landlord and Tenant shall have no further rights thereto. 13. Limitation of Landlord's Liability. If Landlord terminates this Lease other than as of right as provided in this Lease, or Landlord causes interruption of the business of Tenant or for any other Landlord breach of this Lease, Landlord's liability for damages to Tenant shall be limited to the actual and direct costs of equipment removal, relocation or repair and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. • 14. Temporary Interruptions of Service. If Landlord determines that continued operation of the Antenna Facilities would cause or contribute to an immediate threat to public health and/or safety (except for any issues associated with human exposure to ~~-/0 14. Temporary Interruptions of Service. If Landlord determines that continued S operation of the Antenna Facilities would cause or contribute to an immediate threat to public health and/or safety (except for any issues associated with human exposure to radio frequency omissions, which is regulated by the federal government), Landlord may order Tenant to discontinue its operation. Tenant shall immediately comply with such an order. Service shall be discontinued only for the period that the immediate threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation of its Antenna Facilities, except as may be caused by the willful misconduct of the landlord, its employees or agents. If the discontinuance extends for a period greater than three days, either consecutively or cumulatively, Tenant shall have the right to terminate this Lease within its sole discretion. 15. Tenant Interference. (a) With Structure. Tenant shall not interfere with Landlord's use of the Structure and agrees to cease all such actions which unreasonably and materially interfere with Landlord's use thereof no later than three business days after receipt of written notice of the interference from Landlord. In the event that Tenant's cessation of action is material to Tenant's use of the Leased Premises and such cessation frustrates Tenant's use of the Leased Premises, within Tenant's sole discretion, Tenant shall have . the immediate right to terminate this Lease. (b) With Higher Priority Users.. If Tenant's Antenna Facilities cause impermissible interference with higher priority users as set forth under Subparagraph 5(a) above or with pre-existing tenants, Tenant shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receiving Landlord's written notice of the interference, Tenant shall immediately cease operating its Antenna Facilities and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within 30 days after Tenant received Landlord's written notice, Landlord may at its option terminate this Lease immediately. (c) Interference Study -New Occupants. Upon written notice by Landlord that it has a bona fide request from any other party to lease an area including or in close proximity to the Leased Premises ("Leased Premises Area"), Tenant agrees to provide Landlord, within sixty (60) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational on the Lease Premises at the time of such request. Landlord may then have an independent, registered professional engineer of Landlord's choosing perform the necessary interference studies to determine if the new applicant's frequencies will cause harmful radio interference to Tenant. Landlord shall require the new applicant to pay for such interference studies, unless the Landlord or other higher priority user requests the use. In that event, the Tenant and all other tenants occupying the Leased Premises Area ~A-I1 shall pay for the necessary interference studies, pro rata. • (d) Interference -New Occupants. Landlord agrees that it will not grant a future lease in the Leased Premises Area to any party who is of equal or lower priority to Tenant, if such party's use is reasonably anticipated to interfere with Tenant's operation of its Antenna Facilities. Landlord agrees that it will require any subsequent occupants of the Leased Premises Area of equal or lower priority to Tenant to provide Tenant these same assurances against interference. Landlord shall have the obligation to eliminate any interference with the operations of Tenant caused by such subsequent occupants. If such interference is not eliminated, Tenant shall have the right to terminate this Lease or seek injunctive relief against the interfering occupant, at Tenant's expense. 16. Successors and Assigns. This Agreement shall run with the Property and shall be binding on and inure to the benefit of the parties, their respective successors, personal representatives and assigns. Tenant will not assign or transfer this Agreement or sublet all or any portion of the Leased Premises without the prior written consent of Landlord which consent will not be unreasonably withheld or delayed provided, however, that Tenant may assign or sublet without Landlord's consent to any party controlling, controlled by or under common control with Tenant or to any party which acquires substantially all assets of Tenant. Except as provided above, Lessee shall make no other assignment or transfer of this Agreement without obtaining the written consent of Lessor, which consent shall not be unreasonably withheld. 17. Condemnation. In the event the whole of the Leased Premises is taken by eminent domain, this Lease shall terminate as of the date title to the Leased Premises vests in the condemning authority. In event a portion of the Leased Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution is value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving/removing its equipment, personal property, Antenna Facilities, and leasehold improvements. 18. Enforcement and Attorneys' Fees. In the event that either party to this Lease shall bring a claim in arbitration to enforce any rights hereunder, the prevailing party shall be entitled to recover costs and reasonable attorneys' fees incurred as a result of such claim. 19. Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like ~A /~- notice): If to Landlord, to: City of Richfield 6700 Portland Avenue South Richfield, MN 55423 If to Tenant, to: Sprint Spectrum LP 9801 West Higgins Suite 220 Rosemount, IL 60018 ATTN: Site Development Director with a copy to: Sprint 4900 Main 12th Floor Kansas City MO 64112 ATTN: VP Assist General Counsel Business Law Group 20. Authori .Each of the individuals executing this Lease on behalf of the Tenant or the Landlord represents to the other party that such individual is authorized to do so by requisite action of the party to this Lease. 21. Binding Effect. This Lease shall run with the Leased Premises. This Lease shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 22. Complete Lease; Amendments. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreement of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. 23. Governing Law. This Lease shall be construed in accordance with the laws of the State of Minnesota. 24. Severability. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. 25. .Quiet Possession. Tenant is entitled to quiet possession of the Leased Premises throughout the Term and any Renewal Term so long as Tenant is not in default hereunder beyond any applicable cure period. 26. Memorandum of Lease. If requested by Tenant, Landlord will promptly execute and deliver to Tenant a recordable Memorandum of this Agreement. ~A-13 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed .their respective seals the day and year first above written. LANDLORD: City of Richfield By Its Mayor By Its City Manager TENANT: SPRINT By Its • • 3A-/~ • STATE OF MINNESOTA ) COUNTY OF ) ACKNOWLEDGMENT ss. The Foregoing instrument was acknowledged before me this day of 1999 by and ,the Mayor and City Manager respectively of the City of Richfield, on behalf of the corporation. Notary Public in for the State of Minnesota County of My Commission expires: STATE OF ) COUNTY OF ) ACKNOWLEDGMENT ss. The Foregoing instrument was acknowledged before me this ,.1999 by the on behalf of the corporation. Notary Public in for the State of County of My Commission expires: day of of •