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041216 Complete Agenda SPECIAL CONCURRENT CITY COUNCIL, HOUSING AND REDEVELOPMENT AUTHORITYAND PLANNING COMMISSION WORKSESSION RICHFIELD MUNICIPAL CENTER, BARTHOLOMEW ROOM APRIL 12, 2016 5:45 PM Call to order 1. 5:45 p.m.-6:15 p.m. Discussion regarding the Cedar Corridor Master Plan. (Council Memo No.20/HRA Memo No. 10) 2. 6:15 p.m.-6:35 p.m. Discussion regarding the Interstate Partners proposed development. (Council Memo No.21/HRA Memo No. 11) Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. SPECIAL CITY COUNCIL WORKSESSION RICHFIELD MUNICIPAL CENTER, BARTHOLOMEW ROOM APRIL 12, 2016 6:35 PM Call to order 1. Discussion regarding the 77th Street Underpass(Council Memo No. 18) Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. REGULAR CITY COUNCIL MEETING RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS APRIL 12, 2016 7:00 PM INTRODUCTORY PROCEEDINGS Call to order Open forum(15 minutes ma)imum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda.Individuals who wish to address the Council must have registered prior to the meeting. Pledge of Allegiance Approval of the minutes of the (1)Special City Council Worksession of March 22,2016; (2)Special Concurrent City Council and Housing and Redevelopment Authority Worksession of March 22,2016;and (3)Regular City Council Meeting of March 22,2016. PRESENTATIONS 1. Presentation of Certificates of Recognition to The Academy of HolyAngels STARS Girls Basketball Class AAA State Champions. 2. Presentation regarding the Emerald Ash Borer. COUNCIL DISCUSSION 3. Hats Off to Hometown Hits AGENDAAPPROVAL 4. Approval of the agenda. 5. Consent Calendar contains several separate items,which are acted upon by the City Council in one motion.Once the Consent Calendar has been approved,the individual items and recommended actions have also been approved.No further Council action on these items is necessary.However,any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action.All items listed on the Consent Calendar are recommended for approval. A. Consideration of the approval of the first reading of an ordinance that makes minor changes to regulations related to accessory uses in parks. Staff Report No.47 B. Consideration of the approval of the first reading of an ordinance amending the zoning designation of 7614 PillsburyAvenue from Industrial to Single-Family Residential. Staff Report No.48 C. Consideration of the approval of the first reading of an ordinance amending Subsection 210.01 of the City Code related to City Council salaries. Staff Report No.49 D. Consideration of the approval of the second reading of an ordinance that amends City Code Subsection 930.09 related to noise control hours for construction activities. Staff Report No.50 E. Consideration of the approval of a resolution supporting a loan application to Hennepin County by the Cornerstone Group d/b/a Lyndale Gardens LLC for contamination clean-up. Staff Report No.51 F. Consideration of the approval of a resolution granting an interim use permit to allow the continued use of 6529 Penn Avenue for used car sales. Staff Report No.52 G. Consideration of the approval of the Community Garden Lease Agreement with the Minneapolis-Saint Paul Metropolitan Airports Commission. Staff Report No.53 H. Consideration of the approval of the purchase of a flush truck chassis from Rihm Kenworth for$70,059 and body from Swanson Equipment Companies for$59,400 totaling$129,459. Staff Report No.54 6. Consideration of items, if any, removed from Consent Calendar PUBLIC HEARINGS 7. Public hearing regarding a resolution approving a 5-year street reconstruction plan(2017-2021)and authorizing the issuance of street reconstruction bonds to finance the 2017 through 2019 reconstruction projects. Staff Report No.55 OTHER BUSINESS 8. Consideration of the acceptance of the bid mi nutes/tabulation and award of a contract to Ti-Zack Concrete, Inc.for the 2016 Concrete Sidewalk,Curb,and Gutter Repair project for$1,125,041.50 and authorization to the City Manager to approve contract changes under$50,000 without further Council consideration. Staff Report No.56 9. Consideration of the bid tabulation and award of contract to Park Construction Co.for the 2016 Mill and Overlay project for$2,159,266.30 and authorization to the City Manager to approve contract changes under$50,000 without further Council consideration. Staff Report No.57 CITY MANAGER'S REPORT 10. City Manager's Report CLAIMS AND PAYROLLS 11. Claims and payrolls Open forum(15 minutes ma)imum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda.Individuals who wish to address the Council must have registered prior to the meeting. 12. Adjournment Auxiliary aids for individuals with disabilities are available upon request.Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. CITY OF RICHFIELD, MINNESOTA Office of City Manager April 7, 2016 Council Memorandum No. 20 HRA Memorandum No. to Housing and Redevelopment The Honorable Mayor Authority Commissioners and City of Richfield Members of the City Council Subject: Cedar Corridor Master Plan (Worksession Agenda Item No. 1) Council Members and Commissioners: Consultants from JLG Architects, along with City staff, will be presenting for discussion the proposed road alignment options for Richfield Parkway as it continues south of 66th Street in the Cedar Corridor. Respectfully submitted, r S en L. De is City Manager SLD:kcb Email: Assistant City Manager Department Directors Planning Commission CITY OF RICHFIELD, MINNESOTA Office of City Manager April 7, 2016 Council Memorandum No. 21 HRA Memorandum No. 11 Housing and Redevelopment The Honorable Mayor Authority Commissioners and City of Richfield Members of the City Council Subject: Interstate Partners Proposed Development (Worksession Agenda Item No. 2) Council Members and Commissioners As an update to their February 9 presentation, representatives from Interstate Partners will be briefly presenting a revised proposal for the development area at the southwest corner of 66th Street and Richfield Parkway/17th Avenue. Re c -submitted, en L. Devic City Manager SLD:kcb Email: Assistant City Manager Department Directors Planning Commission CITY OF RICHFIELD, MINNESOTA Office of City Manager April 7, 2016 Council Memorandum No. 18 The Honorable Mayor and Members of the City Council Subject: 77th Street Underpass (Work Session Agenda Item No. 1) Council Members: The goal of the April 12 worksession is for staff to get City Council direction on the future Cedar Avenue connection to 77th Street so that design of the project can move forward. The two alternatives are attached for your review. The feedback received at a public open house held on March 10, 2016 is attached for your review and results and recommendations from Transportation Commission discussions will be presented at the meeting. Please contact Kristin Asher, Director of Public Works, at 612-861-9795 for further discussion. Resp ctfull submitted, teue Devic City Manager SLD:jjv Attachments Email: Assistant City Manager Department Directors VA s eyoa �`f a q. yb 4 I '�' �az •Ap F '•�- x-_ 33 I. 2 IN LJLJJ-Il Y —-- a ; O V 1 I 4 a . Ilaa - � I I — r � x • a oI m �w LL r•�� -�°� III � �� e = I� � � � -- �0 00 — 4, L. 0 e k 10 zol �II Lr_ � x xx.c Dj, Jtn ,II o oo � CPO CZ U (B beget haffA 77 TH STREET UNDERPASS IHMM RICHFIELD 5TR€ETURG March 10, 2016 OPEN HOUSE #1 SUMMARY Meeting Purpose The goal of the open house was to let the public know about the upcoming project as well as give them an opportunity for comment on the alignment options for the frontage road connection to 77th St. (This open house was combined with the open house for the planning for Richfield Parkway from 66th Street to 77th Street.) Meeting Summary 88 people signed in. It is estimated that there were many more in attendance that did not sign in. 18 comment cards were received Comments • Cedar& 77t". Do right out only. No left turn to avoid too much infrastructure • Would support straight connection from greenway to 77th St. • 1 prefer the direct north connection on the 77th/77 th closing • We like the idea of a straight connection of the greenway to 77th Street underpass • In regards to the Cedar over/underpass,we are in favor of trying to take the apartment building and its garages out. Or try to obtain them and demolish. Are there any units section 8? • Recommend taking the apartment building out. Not building the bridge (at 77"Street area) 0 77th Street East exit. Bridge = Cost+ Maint= Ease of Access On Cedar= Less Cost+ Maint= Same • No bridge over 77th In favor of"moving"the apartment building and hotel. R:\Projects\77th Underpass\Public Involvement\March 10 2016\77th St Underpass Open House Summary.dou CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting March 22, 2016 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. in the Council Chambers. Council Members Debbie Goettel, Mayor; Michael Howard; Pat Elliott; Edwina Garcia; and Present: Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Kristin Asher, Public Works Director; Jay Henthorne, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Karen Barton, Assistant Community Development Director; Chris Regis, Finance Manager; Karen Shragg, Nature Center Manager; Pam Dmytrenko, Assistant City Manager; Mary Tietjen, City Attorney; and Theresa Schyma, Deputy City Clerk. OPEN FORUM Melissa Melnick, 7525 Oliver Avenue, Pastor at Tapestry, spoke in support of the residents at Crossroads/Concierge who are being displaced. She asked the Council to continue to look for housing solutions for the people at Crossroads/Concierge. Linda Soderstrom, 7720 Penn Avenue #C322, resident at Crossroads/Concierge, asked the Council to create better options for the future of affordable housing in Richfield. Darlene Fisher, 1010 Currie Avenue #503, Minneapolis, former resident of Crossroads/Concierge, asked the City Council to help residents find housing for those that are being involuntarily displaced. Jurline Bryant, 7710 Penn Avenue #6331, resident at Crossroads/Concierge, addressed the Council regarding the discrimination she believes she has faced because she is a Section 8 client and she spoke of the lack of help she has received in finding new housing. PLEDGE OF ALLEGIANCE The Senior Patrol Leader of Boy Scout Troop #110 from Minneapolis, stated that the troop is here earning a Communications Merit Badge for attending a local meeting to hear discussions from differing points of view. Mayor Goettel invited Boy Scout Troop #110 from Minneapolis to lead the audience in the Pledge of Allegiance. Council Meeting Minutes -2- March 22,2016 APPROVAL OF MINUTES M/Fitzhenry, S/Howard to approve the (1) Special City Council Worksession of March 3, 2016; and (2) Regular City Council Meeting of March 8, 2016. Motion carried 5-0. Item #1 WELCOME TO THE RETURNING FRIENDSHIP CITY COMMISSION DELEGATION FROM HEREDIA, COSTA RICA Cynthy Mandl, Richfield Ambassador to Heredia, Costa Rica and Friendship City Commission Member, discussed the Friendship City Commission delegation's recent 13 day journey to Heredia, Costa Rica. Mayor Goettel presented Cynthy Mandl with a certificate of appreciation for her hard work strengthening the bond of friendship as Richfield's Ambassador to Heredia, Costa Rica. Mayor Goettel and Ahmad Ansari, Friendship City Commission Chair, presented certificates of appreciation to all members of the delegation. Item #2 COUNCIL DISCUSSION • Hats Off to Hometown Hits Council Member Garcia announced the following: • Friends of Wood Lake (FOWL) annual fundraising dinner, April 29 • City-wide garage sale, May 19-21 Council Member Garcia spoke of the recent passing of Congressman Martin Sabo and how much he supported and partnered with the City of Richfield. Council Member Howard discussed the lasting legacy of Congressman Sabo. City Manager Devich echoed the City Council's sentiments about how much Congressman Sabo did for the City of Richfield and his positive impact on the community as a whole. Council Member Elliott discussed a recent trip to Birmingham, Alabama and his visit to the historical 16th Street Baptist Church. Council Member Howard congratulated the Academy of Holy Angels Girls Basketball Team on their Class AAA State Championship. Council Member Howard commented on the situation at Crossroads/Concierge and stated that City staff is working with many residents to find new housing. He continued that discussions have occurred at the annual Council and staff goalsetting session as to what to do if this situation happens again since the City Council wants to ensure that Richfield is a welcoming place for all. Council Member Fitzhenry announced that he was elected as Co-Chair of the Noise Oversight Committee (NOC). Mayor Goettel stated that the situation at Crossroads/Concierge is a private sale and the City does not have jurisdiction but staff and Council are doing everything they can to help displaced residents. Council Meeting Minutes -3- March 22,2016 Item #3 COUNCIL APPROVAL OF AGENDA M/Fitzhenry, S/Elliott to approve the agenda. Motion carried 5-0. Item #4 CONSENT CALENDAR A. Consideration of the approval of a resolution amending the allocation of the 2015 General Fund Budget. S.R. No. 35 RESOLUTION NO. 11185 RESOLUTION AUTHORIZING REVISION OF 2015 BUDGETS OF VARIOUS DEPARTMENTS This resolution appears as Resolution No. 11185. B. Consideration of the approval of the first reading of transitory ordinance providing funding for certain capital improvements from the Special Revenue Fund. S.R. No. 36 C. Consideration of the approval of a resolution providing for the sale of$3,085,000 General Obligation Storm Water Revenue Bonds, Series 2016A. S.R. No. 37 RESOLUTION NO. 11186 RESOLUTION PROVIDING FOR THE SALE OF $3,085,000 GENERAL OBLIGATION STORM WATER REVENUE BONDS, SERIES 2016A This resolution appears as Resolution No. 11186. D. Consideration of the approval of the first reading of an ordinance that amends City Code Subsection 930.09 related to noise control hours for construction activities and schedule a second reading for April 12, 2016. S.R. No. 38 E. Consideration of the approval of the installation of protective floor coating to the concrete floors at the Public Works Facility by SwedeBro for $140,398.00 and authorize the City Manager to approve additional work up to $10,000 without further City Council authorization. S.R. No. 39 F. Consideration of the approval of setting a public hearing to be held on April 26, 2016, for the consideration of the issuance of new On-Sale Intoxicating and Sunday Liquor licenses, with outside service, for VPC Richfield Pizza, LLC d/b/a Giordano's of Richfield, 3000 66th Street West. S.R. No. 40 G. Consideration of the approval of the renewal of the contract with Adesa Minneapolis for 2016/2017 for auctioning forfeited vehicles from Public Safety/Police. S.R. No. 41 H. Consideration of the approval of a resolution modifying the establishment of a Richfield Transportation Commission. S.R. No. 42 RESOLUTION NO. 11187 RESOLUTION MODIFYING THE ESTABLISHMENT OF THE RICHFIELD TRANSPORTATION COMMISSION This resolution appears as Resolution No. 11187. M/Goettel, S/Fitzhenry to approve the Consent Calendar. Council Meeting Minutes -4- March 22,2016 Motion carried 5-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #6 CONSIDERATION OF A VARIETY OF LAND USE APPLICATIONS RELATED TO A PROPOSAL FOR AN 88-UNIT ASSISTED LIVING FACILITY AND ASSOCIATED SITE IMPROVEMENTS ON PROPERTY LOCATED GENERALLY BETWEEN 76TH AND 77TH STREET WEST AND PLEASANT AND PILLSBURY AVENUES. S.R. NO. 43 Council Member Garcia presented Staff Report No. 43. Community Development Director Stark stated that he believes this is the right development for this site. Other senior housing developments have done research and found that 40% of the people moving into senior housing in Richfield are from Richfield. This move then helps free up single family homes for young families to move into the community. He added that the Comprehensive Plan Amendment that is being proposed tonight is consistent with the 2006-2007 Comprehensive Plan. Mayor Goettel questioned how many memory care units are currently in Richfield. Community Development Director Stark responded that there are currently 28 units. Mayor Goettel stated that this facility will add professional jobs to Richfield and that those employees will be out in the community shopping and interacting with residents. Council Member Howard stated the goal is to have a good mixture of housing and people in Richfield and this facility will be part of that. Council Member Fitzhenry believes this facility is a better fit than any other option the City has seen for this site and that it is a good fit for the neighborhood. Council Member Elliot stated he understood that many people had a different vision for this piece of property but agrees with Community Development Director Stark that the numbers just haven't worked for the other potential developers. He added that memory care units are needed in the community so this facility is the best thing for the location. City Attorney Tietjen informed the City Council that these items need to be considered as separate motions. M/Garcia, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 11188 RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN CHANGING THE DESIGNATION OF 211 76TH STREET WEST; 7600, 7608, AND 7644 PILLSBURY AVENUE SOUTH; AND AN ADJACENT 30-FOOT STRIP OF LAND TO "HIGH-DENSITY RESIDENTIAL" Motion carried 5-0. This resolution appears as Resolution No. 11188. Council Meeting Minutes -5- March 22,2016 M/Garcia, S/Goettel that this constitutes second reading of Bill no. 2016-5, amending Appendix I to the Richfield City Code by rezoning 211 76 In Street West; 7600, 7608, and 7644 Pillsbury Avenue South; and an adjacent 30-foot strip of land to Planned Multi-Family Residential (PMR), that it be published in the official newspaper, and that it be made part of these minutes. Motion carried 5-0. M/Garcia, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 11189 RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AT 211 76TH STREET WEST; 7600, 7608, AND 7644 PILLSBURY AVENUE SOUTH; AND AN ADJACENT 30-FOOT STRIP OF LAND Motion carried 5-0. This resolution appears as Resolution No. 11189. Item #7 PUBLIC HEARING REGARDING A RESOLUTION FOR A PRELIMINARY PLAT OF THE RICHFIELD ASSISTED LIVING ADDITION THAT WILL COMBINE FOUR PARCELS (211-76TH STREET WEST; 7600, 7608, AND 7644 PILLSBURY AVENUE SOUTH) AND AN ADJACENT 30 FOOT STRIP OF LAND IN ORDER TO ALLOW CONSTRUCTION OF AN ASSISTED LIVING FACILITY. S.R. NO. 44 Council Member Howard presented Staff Report No. 44. Camillo DeSantis, 6501 Wood Lake Drive, spoke in support of the future development proposed at the site. M/Elliott, S/Garcia to close the public hearing. Motion carried 5-0. M/Howard, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 11190 RESOLUTION GRANTING PRELIMINARY APPROVAL OF A PLAT FOR RICHFIELD ASSISTED LIVING ADDITION Motion carried 5-0. This resolution appears as Resolution No. 11190. Item #8 CONSIDERATION OF A RESOLUTION APPROVING THE CONTRACT WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215 FOR THE CONTRACT PERIOD JANUARY 1, 2016 THROUGH DECEMBER 31, 2017, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. STAFF REPORT NO. 45 Council Member Fitzhenry presented Staff Report No. 45. Council Member Fitzhenry thanked City staff for their swift negotiations with the unions in the City. Council Meeting Minutes -6- March 22,2016 Assistant City Manager/HR Manager stated that this is the last union contract that needed to be negotiated for 2016. M/Fitzhenry, S/Howard that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 11191 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 1215 BARGAINING UNIT FOR THE YEAR 2016 AND 2017 Motion carried 5-0. This resolution appears as Resolution No. 11191. Item #9 CONSIDERATION OF THE FOLLOWING RELATED TO THE WEST RICHFIELD STORMWATER PROJECT: 1. ACCEPTING THE BID MINUTES/TABULATION AND AWARD CONTRACT TO MINGER CONSTRUCTION CO. IN THE AMOUNT OF $1,930,000.20 FOR THE WEST RICHFIELD STORMWATER PROJECT. 2. AUTHORIZING THE CITY MANAGER TO APPROVE CONTRACT CHANGES UNDER $100,000 WITHOUT FURTHER CITY COUNCIL AUTHORIZATION. 3. APPROVING HIRING WSB, & ASSOCIATES TO PERFORM CONSTRUCTION ENGINEERING SERVICES FOR A FEE NOT TO EXCEED $159,207 FOR THE WEST RICHFIELD STORMWATER PROJECT. S.R. NO. 46 Council Member Elliott presented Staff Report No. 46. M/Elliott, S/Fitzhenry to approve the following related to the West Richfield Stormwater Pro'ect: 1. Accepting the bid minutes/tabulation and award contract to Minger Construction Co. in the amount of$1,930,000.20 for the West Richfield Stormwater Prosect. 2. Authorizing the City Manager to approve contract changes under$100,000 without further City Council authorization. 3. Approving hiring WSB &Associates to perform construction engineering services for a fee not to exceed $159,207 for the West Richfield Stormwater Prosect. Motion carried 5-0. Item #10 CITY MANAGER'S REPORT City Manager Devich encouraged participation and input for the current online poll that is on the City website through the end of March regarding the future alignment of Richfield Parkway. City Manager Devich discussed residents' concerns over the recent work of CenterPoint Energy. He stated that a more thorough restoration will begin in the spring and that residents should contact City staff if they believe their yard has not been properly restored. City Manager Devich stated there will be an open house and neighborhood meeting regarding the upcoming work on Portland Avenue. Information will be sent out to Council and residents once the details have been finalized. Council Meeting Minutes -7- March 22,2016 Item #11 CLAIMS AND PAYROLLS M/Fitzhenry, S/Elliott that the following claims and payrolls be approved: U.S. Bank 03/22/16 A/P Checks: 248442-248688 855,053.37 Payroll: 117405-117736; 42448 $ 591,463.48 TOTAL $ 1,446,516.85 Motion carried 5-0. OPEN FORUM None. Item #12 SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION FOR ATTORNEY-CLIENT PRIVILEGED DISCUSSION PURSUANT TO MINN. STAT. 13D.05, SUBD. 3(B) RELATING TO PENDING LITIGATION BETWEEN RAYMOND SPIEGEL AND THE CITY OF RICHFIELD City Attorney Tietjen stated the Closed Executive Session is held pursuant to M.S. 13D.05, Subd. 3 related to attorney-client privilege and litigation currently pending in court. The City Council adjourned to the Closed Executive Session in the Babcock Conference Room at 8:25 p.m. The closed executive session was called to order by Mayor Goettel at 8:27 p.m. in the Babcock Room. Members Present: Debbie Goettel, Mayor; Michael Howard; Pat Elliott; Edwina Garcia; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; Pam Dmytrenko, Assistant City Manager/HR Manager; and Mary Tietjen City Attorney. The Closed Executive Session was convened pursuant to M.S. 13D.05. The closed executive session was adjourned by unanimous consent in the Babcock Conference Room at 8:50 p.m. Item #13 RECONVENE REGULAR CITY COUNCIL MEETING The meeting was called to order by Mayor Goettel in the Council Chambers at 8:52 p.m. Item #14 ADJOURNMENT The City Council Meeting was adjourned by unanimous consent at 8:52 p.m. Council Meeting Minutes -8- March 22,2016 Date Approved: April 12, 2016 Debbie Goettel Mayor Theresa Schyma Steven L. Devich Deputy City Clerk City Manager CITY COUNCIL MINUTES Richfield, Minnesota �✓ J Special City Council Worksession March 22, 2016 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:00 p.m. in the Bartholomew Room. Council Members Debbie Goettel, Mayor; Michael Howard; Edwina Garcia; and Present: Tom Fitzhenry. Council Member Pat Elliott Absent: Staff Present: Kristin Asher, Acting City Manager/Public Works Director; Jeff Pearson, City Engineer; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; Matt Brillhart, Planning Technician; and Theresa Schyma, Deputy City Clerk. Item #1 DISCUSSION REGARDING THE 5 YEAR STREET RECONSTRUCTION PLAN Public Works Director Asher and City Engineer Pearson presented an overview of the 5-Year Street Reconstruction Plan including 2017-2021 projects and funding sources. The projects discussed were: • 771h Street Underpass (2017) • 661h Street Reconstruction (2017-2020) • Residential Mill & Overlay (2017-2020) 651h Street Central Reconstruction (2020) • Penn Avenue Reconstruction (2021) City Engineer Pearson discussed the next steps in the process including notifying affected residents, scheduling the public hearing and sale of bonds. Mayor Goettel commented on the Sweet Streets marketing campaign and how effective it has been for notifying residents of the upcoming projects in the City. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:17 p.m. Date Approved: April 12, 2016 Debbie Goettel Mayor Theresa Schyma Kristin Asher Deputy City Clerk Acting City Manager CITY COUNCIL MINUTES Richfield, Minnesota Special Concurrent City Council and Housing and Redevelopment Authority Worksession March 22, 2016 CALL TO ORDER The concurrent worksession was called to order by Mayor Goettel at 6:18 p.m. in the Bartholomew Room. Council Members Debbie Goettel, Mayor; Michael Howard; Edwina Garcia; Tom Fitzhenry and Present: Pat Elliott (arrived at 6:30 p.m.) HRA Members Mary Supple, Chair; Debbie Goettel; David Gepner; Doris Rubenstein; and Present: Pat Elliott (arrived at 6:30 p.m.) Staff Present: John Stark, Acting City Manager/Community Development Director; Karen Barton, Assistant Community Development Director; Kristin Asher, Public Works Director; Jeff Pearson, City Engineer; Jim Topitzhofer, Recreation Services Director; Matt Brillhart, Planning Technician; and Theresa Schyma, Deputy City Clerk. Item #1 DISCUSSION REGARDING LAKES AT LYNDALE WAYFINDING SIGNAGE (COUNCIL MEMO NO. 15/11-11RA MEMO NO. 8) Assistant Community Development Director Barton presented the design options for wayfinding signage to be located in the Lakes at Lyndale area. She stated that the objective is to select an overall design choice and that fine tuning of that design will occur at a later date. Council Member Howard stated he liked the ability of Concept 1 to translate to other areas of the City with future redevelopment. Frank Hickey, Signia Design, stated that the goal is to have a design that can be consistent throughout the City and create an identity for Richfield. Mayor Goettel and Council Member Fitzhenry stated they believed that the design of Concept 1 would look better over time. The City Council consensus was to proceed with Concept 1. Item #2 DISCUSSION REGARDING PENN AVENUE BANNERS (COUNCIL MEMO NO. 16/1-11RA MEMO NO. 9) Assistant Community Development Director Barton and Planning Technician Brillhart presented the banner design options for Penn Avenue. Special Worksession Minutes -2- March 22, 2016 Council Member Garcia stated she wants the text on the banners to be clear and easy to read from afar. HRA Commissioner Gepner stated he prefers Option 6. He also questioned why the entire community has been able to provide feedback on the design that will be displayed in Penn Central. Council Member Elliott responded that Penn Central is part of the community, not separate from it so feedback from the entire community is important. He stated that he wants the designs to have more of the Richfield colors on them. Council Member Howard stated he likes the Penn Central logo on Option 6 since the family and message are very welcoming. He added that he believes the Richfield logo should be somewhere on the banner. The City Council consensus was to proceed with Option 6 and work with the artist in modifying the design to possibly include reducing the number of languages for easier reading, changing the text color to red to make it more clear that the design is a heart, add the City of Richfield logo, and remove the word Minnesota from the banner. The concurrent worksession was adjourned by unanimous consent at 6:44 p.m. Date Approved: April 12, 2016. Debbie Goettel Mayor Theresa Schyma John Stark Deputy City Clerk Acting City Manager AGENDA SEC-10N: CONSENT CALENDAR AGENDA ITEM# 5.A. STAFF REPORT NO. 47 ..;f _.f_.. ..{ CITY COUNCIL MEETING VN 4/12/2016 REPORT PREPARED BY: Melissa Poehlman,City Planner DEPARTMENT DIRECTOR REVIEW: John Stark,Community Development Director 4/5/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 4/6/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of the first reading of an ordinance that makes minor changes to regulations related to accessory uses in parks. EXECUTIVE SUMMARY: In the course of reviewing the Zoning Code with Parks and Recreation staff, it was noted that only "recreational"facilities "owned by a governmental unit" are currently permitted within parks. This could technically prohibit relationships like the one the City currently has with Wheel Fun Rentals to operate Malt- Tees snack shop at Veteran's Park. Staff is proposing a minor change to the Ordinance to allow this type of mutually-beneficial use. Current: "Parks and related recreational facilities owned by a governmental unit." Proposed: "Municipally-owned parks and related accessory facilities." RECOMMENDED ACTION: By Motion: Approve a first reading of an ordinance making minor changes to allowable uses within parks. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT None B. POLICIES(resolutions,ordinances,regulations,statutes,etcy • Ongoing review and periodic updating of the Zoning Code is necessary to ensure that regulations are serving their intended purposes. • Clear language is important to both staff and our customers. C. CRITICAL TIMING ISSUES: None D. FINANCIAL IMPACT: None E. LEGAL CONSIDERATION: • A public hearing was held before the Planning Commission on March 28, 2016. • Notice of the public hearing was published in the Sun Current newspaper in accordance with State and Local requirements. • The Planning Commission recommended approval of the proposed amendment(6-0). • If this reading is approved, a second reading of the proposed Ordinance will be considered on April 26, 2016. ALTERNATIVE RECOMMENDATION(Sl: None PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type ❑ Ordinance Ordinance BILL NO. AN ORDINANCE AMENDING THE RICHFIELD CITY CODE REGULATIONS RELATED TO PERMITTED USES WITHIN PARKS THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 512.03 of the Richfield City Code related to permitted uses in all zoning districts is amended to read as follows: 512.03. Permitted uses in all districts. Except as otherwise noted, the following uses shall be construed to be permitted in all zoning districts within the City: a) Public streets and highways; b) Underground public utilities; c) Municipally-owned sparks and related ronreat;eRa accessory facilities evened by a governmental unit; d) Solar equipment as an accessory use; and e) Horticulture/community gardens as an accessory to an established institutional use (school, church, park), provided that plants and related materials are maintained in a clean and orderly manner and that waste is disposed of appropriately. Section 7 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 26th day of April, 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SEC-10N: CONSENT CALENDAR AGENDA ITEM# 5.13. STAFF REPORT NO. 48 ..;f _.f_.. ..{ CITY COUNCIL MEETING VN 4/12/2016 REPORT PREPARED BY: Melissa Poehlman,City Planner DEPARTMENT DIRECTOR REVIEW: John Stark,Community Development Director 4/5/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 4/6/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of the first reading of an ordinance amending the zoning designation of 7614 Pillsbury Avenue from Industrial to Single-Family Residential. EXECUTIVE SUMMARY: On March 22nd the City Council approved a change to the Zoning and Comprehensive Plan designations for all but one parcel on the block that formerly housed the Richfield Public Works Garage. This block is bounded by 76th and 77th Streets to the north and south and the railroad tracks and Pillsbury Avenue on the west and east. The entire block was formerly zoned Industrial, in keeping with the Public Works facility, but the area has been guided for multi-family housing for a number of years. All properties except for 7614 Pillsbury Avenue have been rezoned as a Planned Unit Development District in order to allow for the construction of an 88-unit senior housing development. The single-family home at 7614 Pillsbury Avenue is not part of this project and will remain. Staff is proposing to rezone and re-guide this property as Single- Family Residential and Low-Density Residential, respectively. On its own, this property cannot be used for either an industrial or multi-family use. The proposed designations will make the property conforming, and will therefore offer the property owner the most flexibility in terms of maintenance and improvement to the property. A second reading of this Ordinance and consideration of the corresponding Comprehensive Plan amendment is scheduled for April 26th. RECOMMENDED ACTION: By Motion: Approve a first reading of the ordinance amending Appendix 1 of the City Code to change the zoning of 7614 Pillsbury Avenue from Industrial (1) to Single-Family Residential (R). BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT None B. POLICIES(resolutions,ordinances,regulations,statutes,etch • MN Statute 473.858 requires that a city's Zoning Ordinance not conflict with the city's Comprehensive Plan. The current Zoning designation of the property as Industrial conflicts with the current Comprehensive Plan designation as Medium-High Density Housing. Neither Industrial nor Medium-High Density Housing would be possible on a site of this size. • This first reading is an administrative requirement. Approval of the first reading does not obligate the Council to approve the Ordinance upon second reading. C. CRITICAL TIMING ISSUES: A second reading of the proposed ordinance is scheduled for April 26, 2016 alongside consideration of a corresponding Comprehensive Plan amendment. D. FINANCIAL IMPACT: None E. LEGAL CONSIDERATION: • A public hearing was held before the Planning Commission on March 28, 2016. • Notice of the public hearing was published in the Sun Current newspaper and mailed to properties (including individual apartments) within 350 feet of the site. • No members of the public spoke at the hearing. ALTERNATIVE RECOMMENDATION(a)LI None PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type ❑ Ordinance Ordinance ORDINANCE NO. AN ORDINANCE RELATING TO ZONING; AMENDING APPENDIX 1 TO THE RICHFIELD CITY CODE BY REZONING 7614 PILLSBURY AVENUE TO SINGLE-FAMILY RESIDENTIAL (R) THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Section 1, Paragraph (5) of Appendix 1 of the Richfield Zoning Code is repealed. Sec. 2. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SEC-10N: CONSENT CALENDAR AGENDA ITEM# 5.C. STAFF REPORT NO. 49 ..;f _.f_.. ..{ CITY COUNCIL MEETING VN 4/12/2016 REPORT PREPARED BY: Cheryl Krumholz, Executive Coordinator DEPARTMENT DIRECTOR REVIEW: Steven L. Devich 4/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 4/6/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of the first reading of an ordinance amending Subsection 210.01 of the City Code related to City Council salaries. EXECUTIVE SUMMARY: Chapter II, Section 210 of the City Code establishes the salaries of the City Council. Subsection 210.01, Subd. 5 provides that salaries of the Council Members shall be reviewed by the City Council by May 1 in each year in which an election is held pursuant to Section 200 of the code. An ordinance amending the salaries established by this section must not take effect until after the next succeeding municipal election. The next City Council salary adjustment would be effective January 1, 2017, if the City Council approves this ordinance. RECOMMENDED ACTION: By motion: Approve the first reading of the ordinance amending Subsection 210.01 of the City Code related to City Council salaries and schedule the second reading for April 26, 2016. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT According to previously established City Council policy, any increase should be based upon the amount of increase granted to employees in the year(s) subsequent to the previous salary adjustment. The salary adjustment increase for employees in the Management and General Services pay plans was 2.5% in January 2016. However, the City Council may set their salaries in relationship to other metropolitan cities. B. POLICIES(resolutions,ordinances,regulations,statutes,etcy • Chapter ll, Section 210 of the City Code established the salaries of the City Council and provides that the salaries of the Council Members be reviewed each year in which an election is held. • The City Charter stipulates that City Council salaries may be adjusted only by ordinance. C. CRITICAL TIMING ISSUES: A public hearing is not required per State Statute or City Charter. D. FINANCIAL IMPACT: • The City Council received a salary adjustment in 2016. • The City Council budget includes a salary adjustment. E. LEGAL CONSIDERATION: N/A ALTERNATIVE RECOMMENDATION(S): • The City Council could defer action on this item to a future meeting. • The City Council could not approve the first reading and take no further action. PRINCIPAL PARTIES EXPECTED AT MEETING: None. ATTACHMENTS: Description Type ❑ Ordinance Ordinance ❑ Salary Survey Backup Material BILL NO. AN ORDINANCE AMENDING SECTION 210 RICHFIELD CITY CODE PERTAINING TO CITY COUNCIL SALARIES THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 210 of the Richfield City Code is hereby amended as follows: Subdivision 1. Mayor. The annual salary of the mayor as of January 1, 2844 2016 is $44-,5-94 $11,073. Effective January 1, 2845 2017, the salary of the mayor shall be increased by a percentage that is the lesser of 3.5 percent or the percentage increase in the annual pay structure granted on January 1, __ . . __ . _ to Management and General Services pay plans. Subdivision 2. Council. The annual salary of a member of the council as of January 1, 2844 2016 is $822-6 $8,594. Effective January 1, 2845 2017, the salary of a member of the council shall be increased by a percentage that is the lesser of 3.5 percent or the percentage increase in the annual pay structure granted on January 1, 2844 2016 to Management and General Services pay plans. Subdivision 3. Effective January 1, , the annual salary of the mayor and a member of the council as provided in Subdivision 1 and 2 above shall be increased by a percentage that is the lesser of 3.5 percent or the percentage increase in the annual pay structure granted on January 1, 2845 2017 to Management and General Services pay plans Section 2. Effective Date. This ordinance becomes effective on January 1, 2017. Passed by the City Council of the City of Richfield, Minnesota this 27th day of April 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk METROPOLITAN AREA CITY COUNCIL 2016 SALARY SURVEY 2015 Annual Salary 2016 Annual Salary City Population Mayor Council Mayor Council (2010 census) Apple Valley 49,084 $11,496 $ 8,232 $11,784 $ 8,436 Blaine 57,186 14,314 10,500 14,314 10,500 Burnsville 60,306 12,000 8,400 12,000 8,400 Eagan 64,206 13,624 10,005 13,624 10,005 Eden Prairie 60,797 13,500 10,740 13,500 10,740 Edina 47,941 13,500 10,740 13,500 10,740 Fridley 27,208 10,689 8,779 10,689 8,779 (at-large) (at-large) 7,762 7,762 (ward) (ward) Golden Valley 20,355 11,619 8,696 12,207 9,136 Maple Grove 61,567 15,000 13,000 155500 13,500 Maplewood 37,755 13,241 11,654 13,479 11,864 Minnetonka 49,734 12,000 9,000 15,000 11,000 Richfield 35,228 10,829 8,405 11,073 8,594 Roseville 33,660 9,300 7,020 91300 7,020 St. Louis Park 42,250 11,796 6,807 12,091 6,977 Average Salary: $12,468 $ 9,467 $12,845 $ 9,738 (not including Richfield) Updated: 3/16 AGENDA SEC-10N: CONSENT CALENDAR AGENDA ITEM# 5.D. STAFF REPORT NO. 50 ..;f _.f_.. ..{ CITY COUNCIL MEETING VN 4/12/2016 REPORT PREPARED BY: Jared Voto,Administrative Aide/Analyst DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director 4/5/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 4/6/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of the second reading of an ordinance that amends City Code Subsection 930.09 related to noise control hours for construction activities. EXECUTIVE SUMMARY: During a typical construction season staff receives noise complaints from residents regarding construction work taking place in the evening. City Code currently allows construction activities to take place until 10pm on weekdays and Saturday. Staff recommends revising City Code to move the end time from 10pm to 8pm on weekdays and Saturday, in response to residents' complaints. Contractors may request a variance to the noise ordinance for construction work outside the designated hours. The City Council and Manager may require the applicant of a noise variance to notify property owners within 500 feet of the noise source. This has been standard practice of past requested variances. RECOMMENDED ACTION: By Motion: Approve the second reading of the ordinance revising City Code Subsection 930.09 related to noise control hours for construction activities. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • City Code Subsection 930.35, gives authority to the City Council and Manager to grant variances to the noise control ordinance. • Staff researched 11 metro area cities noise control ordinances and found the following hours: - . 7am- 10pm 8am- 10pm N/A N/A 7am- 9pm 8am- 7pm 8am- 7pm 8am- 7pm : .. . . 7am- 10pm 9am- 9pm Prohibited N/A 7am- 6pm 9am- 6pm 9am- 6pm 9am- 6pm w/ permit w/ permit w/ permit 7am- 10pm N/A N/A N/a ... 7am- 10pm 7am- 10pm 7am- 10pm 7am- 10pm ' 7am- 10pm 9am- 10pm 9am- 10pm 9am- 10pm 7am- 10pm 9am- 9pm 9am- 9pm 9am- 9pm 7am- 7pm 9am- 7pm Prohibited Prohibited 7am- 10pm 9am- 9pm 9am- 9pm 9am- 9pm .. - ... 7am- 7pm 7am- 7pm Prohibited N/A .. '.. . 7am- 10pm 7am- 10pm B. POLICIES(resolutions,ordinances,regulations,statutes,etch • The City Charter requires a first and second reading on ordinances. • First reading took place at the City Council meeting on March 22, 2016. • A public hearing is not required unless a separate statute, charter provision or ordinance requires it. C. CRITICAL TIMING ISSUES: None D. FINANCIAL IMPACT: There is no financial impact to the City. E. LEGAL CONSIDERATION: The City Attorney has reviewed the proposed ordinance and will be available to answer questions. ALTERNATIVE RECOMMENDATION(Sl: None PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type ❑ Ordinance BILL NO. 2016- AMENDMENT TO SECTION 930 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: SECTION 1. Subsection 930.09 of the Richfield City Code is amended as follows: Construction activity involving the use of power equipment which does not generate a sound level in excess of 85 dBA, measured at the property line of the source, may be operated in all zones between the hours of 7:00 a.m. and 10:008:00 p.m. daily. All other construction activity may be carried out only between the hours of 7:00 a.m. and X98:00 p.m. on weekdays and 8:00 a.m. and 10:008:00 p.m. on Saturdays. SECTION 2. This Ordinance will be effective in accordance with Section 3.09 of the City Charter. Passed by the City Council of the City of Richfield, Minnesota this 12th day of April, 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SEC-10N: CONSENT CALENDAR AGENDA ITEM# 5.E. STAFF REPORT NO. 51 ..;f _.f_.. ..{ CITY COUNCIL MEETING VN 4/12/2016 REPORT PREPARED BY: Karen Barton,Community Development Assistant Director DEPARTMENT DIRECTOR REVIEW: John Stark,Community Development Director 4/5/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 4/6/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a resolution supporting a loan application to Hennepin County by the Cornerstone Group d/b/a Lyndale Gardens LLC for contamination clean-up. EXECUTIVE SUMMARY: The Cornerstone Group (Developer) purchased the former Lyndale Garden Center property, located at 6400 Lyndale Avenue in November of 2011. The Developer is proposing to develop the property with multi- family rental housing and retail/commercial uses. A significant component of the proposed development will incorporate a number of quasi-public improvements, including a public performance stage, an outdoor plaza, an interactive water feature, pizza oven, community gardens and trail connections throughout the site. In July 2012, the City received a $1,500,000 grant on behalf of the Developer from The Metropolitan Council to create these place-making elements and park connections. In preparation for the construction of these improvements, the Developer is applying for a contamination clean-up loan through Hennepin County to clean up soil contamination on the site. As part of the application process, Hennepin County requires the City to pass a resolution supporting the clean-up and the loan application. Ultimately, a cleanup of this site will help to facilitate further development to occur; regardless of the specific proposal or involvement of any one developer. RECOMMENDED ACTION: By Motion: Approve the resolution supporting the submittal of an application to Hennepin County by the Cornerstone Group, d/b/a Lyndale Gardens LLC for Brownfield Revolving Loan Funds for the Lyndale Gardens project. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • The Developer applied for and received land-use approvals in 2013 to construct a mixed-use development on the property. • In December 2015, the land-use approvals expired. • The Developer is intending to resubmit for land-use approvals at a future date. • The Developer is proposing to construct a mixed-use development that will include multi-family rental housing and retail/commercial uses, as well as the quasi-public/public improvements funded by the Met Council grant. B. POLICIES(resolutions,ordinances,regulations,statutes,etcy It is the City's policy to facilitate clean-up of contaminated (brownfield) properties as practicable. C. CRITICAL TIMING ISSUES: • The Developer wishes to begin construction of the grant-funded improvements in 2016. • The grant is set to expire April 30, 2017. D. FINANCIAL IMPACT: The Hennepin County Brownfield Revolving Loan will be between Hennepin County and the Developer; the City is not a party to the loan and has no liability in repayment of the loan. E. LEGAL CONSIDERATION: None ALTERNATIVE RECOMMENDATION(S): Do not approve the resolution. PRINCIPAL PARTIES EXPECTED AT MEETING: Representative of the Cornerstone Group ATTACHMENTS: Description Type ❑ Lyndale Gardens HC RLF Brownfield Loan Resolution Resolution Letter RESOLUTION NO. RESOLUTION SUPPORTING THE SUBMITTAL OF AN APPLICATION TO HENNEPIN COUNTY FOR BROWNFIELDS REVOLVING LOAN FUNDS FOR THE LYNDALE GARDENS PROJECT WHEREAS, the City had identified the property at 6400 Lyndale Avenue (former Lyndale Garden Center)for redevelopment as part of the Lakes at Lyndale redevelopment master plan area; and WHEREAS, The Cornerstone Group d/b/a Lyndale Gardens LLC has proposed a redevelopment project at 6400 Lyndale Avenue for redevelopment; and WHEREAS, Investigation of the site has determined contamination exists in the soil; and WHEREAS, the City approves participation in this program to facilitate the clean- up of the soils in the project area; and WHEREAS, the City recognizes the need for, and benefit of, contamination clean-up as part of this proposed development. NOW, THEREFORE BE IT RESOLVED, that the City of Richfield approves the Lyndale Gardens contamination clean-up project, for which a Brownfields Revolving Loan Fund application is being submitted to the Hennepin County Department of Environmental Services on May 1, 2016, by the Cornerstone Group d/b/a Lyndale Gardens LLC. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of April, 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM# 5.F. STAFF REPORT NO. 52 ..;f _.f_.. ..{ CITY COUNCIL MEETING VN 4/12/2016 REPORT PREPARED BY: Matt Brillhart, Planning Technician DEPARTMENT DIRECTOR REVIEW: John Stark,Community Development Director 4/4/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 4/6/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a resolution granting an interim use permit to allow the continued use of 6529 Penn Avenue for used car sales. EXECUTIVE SUMMARY: The property at 6529 Penn Avenue was first approved for use as a used car sales lot in 1990. The use was not consistent with the Comprehensive Plan then, and remains at odds with the current Comprehensive Plan. This use has always been considered temporarily acceptable while waiting for the Penn Avenue Corridor to redevelop. The existing permit for this use expires June 8, 2016 and the applicant is applying for a new three-year interim use permit. The purpose of an interim use permit is to allow a use that may not be compatible with the Comprehensive Plan to operate for a limited period of time. Interim use permits are designed to meet the problem that arises when a City designates an area for redevelopment or revitalization, but the market has yet to react to those changes. In 2009 the City completed a visioning process for the Penn Avenue Corridor. The vision for this area does not include used car sales businesses. Current market conditions have stalled redevelopment/revitalization projects and no major changes have occurred within the Corridor since adoption of the Penn Avenue Plan. The property owner, Capital Real Estate, also owns two adjacent properties at the corner of Penn Avenue and 66th Street (Flowerama and Aida). The property owner has met with Community Development staff annually to discuss redevelopment opportunities, but to date has been unable to come up with a financially feasible redevelopment plan. The Council may waive ordinance provisions upon a finding that the temporary nature of the interim use will eliminate the adverse effects the provisions were intended to prevent. The Council must find that the temporary nature of this permit makes the nonconforming use permissible at this time. Staff recommends a one-year interim use permit so that the compatibility of this use with the Corridor can be re-evaluated in 2017. RECOMMENDED ACTION: By Motion: Approve the resolution granting a one-year interim use permit to allow used car sales at 6529 Penn Avenue. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT Discussed in Executive Summary. B. POLICIES(resolutions,ordinances,regulations,statutes.etch • In 2007 the City Council adopted a revised Zoning Ordinance that made used automobile sales permissible only as an integral part of a new automobile sales business (Section 534.07, Subd. 7e). The business at 6529 Penn Avenue has been operating as a legally nonconforming use since the adoption of this Ordinance. • Approval of an interim use permit would be conditioned upon continued compliance with the landscape plan (submitted April 2010 with initial interim use permit), maintaining window planter boxes throughout growing season and adding seasonal d6cor in winter, performing patch repair of the parking lot as necessary and regularly clearing the lot of any debris, compliance with sign rules, and compliance with the Penn Avenue Design Guidelines. • In order to approve the interim use permit, the Council must find that the temporary nature of the business warrants waiving certain provisions of the Zoning Code, specifically the prohibition of used car sales businesses in this future pedestrian-friendly district and the allowance of nonconforming uses. • Staff recommends a one-year interim use permit so that the compatibility of this use with the Corridor can be re-evaluated in 2017. By Ordinance, interim use permits terminate upon the occurrence of any of the following events, whichever first occurs: • The date stated in the permit; or • Upon violation of conditions under which the permit was issued. • In addition to termination at the end date of the permit or upon violation of the conditions under which the permit is issued, staff recommends that the permit terminate upon termination or sale of the current business (CarHop), or upon the sale of the property by the current owner (Penn Avenue Partners II LLC), whichever occurs first. C. CRITICAL TIMING ISSUES: 60-DAY RULE: The 60-day clock'started'when a complete application was received on February 8, 2016. The applicant requested that the item be placed on the March 28, 2016 Planning Commission agenda and the April 12, 2016 City Council agenda. This date exceeds the 60-day timeline for a decision, and the applicant was notified on April 4, 2016 that the City was extending the deadline by 60 days. Adecision is required by June 7, 2016 (120 days total). D. FINANCIAL IMPACT: None. E. LEGAL CONSIDERATION: • A public hearing was held before the Planning Commission on March 28, 2016. • Notice of the public hearing was published in the Sun Current newspaper and mailed to properties within 350 feet of the site. No members of the public spoke at the public hearing. • The Planning Commission recommended approval of the interim use permit(6-0). ALTERNATIVE RECOMMENDATION(Sl: • Approve an interim use permit for a different length of time (up to five years maxmum). • Approve an interim use permit with additional conditions. • Deny with a finding that the requirements necessary to issue an interim use permit are not met. PRINCIPAL PARTIES EXPECTED AT MEETING: Annette Rumreich, applicant ATTACHMENTS: Description Type ❑ Resolution-interim use permit Resolution Letter ❑ Requirements Attachment Backup Material ❑ site plan,consent agreement, photos,zoning maps Backup Material RESOLUTION APPROVING AN INTERIM USE PERMIT TO ALLOW USED AUTO SALES BY INTERSTATE AUTO GROUP DBA CARHOP AT 6529 PENN AVENUE WHEREAS, the City of Richfield (the City) adopted a Comprehensive Plan in 2009 to guide the development of the community; and WHEREAS, the City has adopted a Zoning Ordinance or other official controls to assist in implementing the Comprehensive Plan; and WHEREAS, an application has been filed with the City of Richfield which requests an interim use permit to allow Interstate Auto Group dba CarHop (the "Applicant") to conduct used automobile sales at 6529 Penn Avenue; and WHEREAS, the Property is zoned Mixed Use — Community (MU-C) and within the Penn Avenue Corridor Overlay District (PAC); and WHEREAS, the requested interim use of the property is not permitted in the MU-C District; and WHEREAS, the City Council finds that the temporary nature of the proposed interim use eliminates the adverse effects the prohibition was intended to prevent. Compliance with performance and landscaping standards, Penn Avenue Design Guidelines, and termination of the permit in one year eliminates the detriment that a used auto sales business will have on the creation of a pedestrian-friendly corridor; and WHEREAS, the Planning Commission held a public hearing on March 28, 2016 to review the application for an interim use permit, following mailed and published notice as required by law; and WHEREAS, the City Council has reviewed all materials submitted by the Applicant; considered the oral and written testimony offered by the applicant and all interested parties; and has now concluded that the application is in compliance with all applicable standards and can be considered for approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The proposed interim use permit request meets all applicable conditions and restrictions stated in Subsection 547.15 of the 2007 Zoning Ordinance except as follows: a. The proposed interim use is not a permitted use within the Penn Avenue Corridor Overlay District. In accordance with Subsection 547.15 Subd. 3e the City Council finds that the temporary nature of the interim use eliminates the detriment that a used auto sales business will have on the pedestrian-friendly vision of the Corridor given that pedestrian upgrades have yet to occur elsewhere in the area. b. In accordance with Subsection 547.15, Subd. 3e the City Council finds that the purpose of the interim use permit in this instance is to allow productive use of a property that is not yet "ripe" for redevelopment given current market conditions. The temporary nature of the interim use will ensure that the nonconforming use not be allowed to continue so long as to become a detriment to the implementation of the Comprehensive Plan. 2. An interim use permit for used auto sales by Interstate Auto Group dba Carl-lop at 6529 Penn Avenue, as described in City Council Staff Report No. is approved with the following conditions: a. The interim use permit will expire one (1) year from its effective date (June 8, 2016), or upon termination or sale of the current business (Interstate Auto Group dba Carl-lop), or upon the sale of the subject property by the current owner (Penn Avenue Partners II LLC), or upon violation of the conditions under which the permit was issued, whichever occurs first. b. That the parking lot be kept in a good state of repair, performing sealcoating and/or patch repair as necessary and regularly clearing the lot of any debris. c. That a 22-foot minimum drive aisle be maintained in the parking area, a maximum of 32 vehicles be on site including inventory, customer and employee parking, and that no vehicles be parked or stored on grass buffer areas. d. That landscaping be installed and maintained in accordance with the previously approved plan, dated April 2010, and that seasonal decor be installed in winter. e. That all trash containers be kept inside the building and not stored in the parking lot. f. The interim use permit shall be reviewed periodically by the City to ensure compliance with the conditions set forth in this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of April 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk Interim Use Permit Requirements Subsection 547.15 Subd. 3. a) The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are felt upon adjacent properties. Staff recommends that the permit expire in one year. At that time, if conditions continue to warrant, the Council may issue a new Interim Use Permit to the applicant. b) The use will terminate upon a date or event that can be identified with certainty. Interim use permits may not be granted for a period greater than five (5) years. Staff recommends termination on June 8, 2017. c) The use will not adversely impact the health, safety and welfare of the community during the period of the interim use. It is not anticipated that used auto sales will adversely impact the community or this area within the next year. d) The use is similar to existing uses in the area. Used auto sales and other auto- oriented businesses are no longer permitted within this area; however see below. e) An interim use shall conform to zoning regulations except the City Council may waive ordinance provisions upon a finding that the temporary nature of the interim use will eliminate the adverse effects the provisions were intended to prevent. The rezoning and preparation of design guidelines for the Penn Avenue Corridor is intended to create a cohesive, inviting and pedestrian-friendly environment. Auto-oriented businesses were not found to be consistent with this vision and most are not permitted under the Penn Avenue Corridor Overlay. However, market conditions at this time do not make it imperative that nonconforming uses be ushered out as quickly as possible. As the pedestrian improvements in particular have yet to happen along the Corridor, the continuation of an auto-related business for a limited period of time is not detrimental to this vision. The proposed interim use of this property will allow the property to be used productively for the short-term and avoid a potentially vacant storefront. Expiration of the interim use permit in one year will assure that this use, which is not compatible with the overall revitalization plan for the area, will not impede future efforts to that end. Further, the property will be required to meet landscaping, performance standard and Design Guideline requirements to partially mitigate and screen the impact of this auto-oriented use. f) There is adequate assurance that the property will be left in suitable condition after the use is terminated. N/A. g) By agreement, the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. The property owner has signed a consent agreement agreeing to this condition. h) The property owner, by agreement, agrees to any conditions that the City Council has deemed appropriate for permission of the use, including a condition that the owner will provide an appropriate financial surety to cover the cost of removing the interim use and interim structures upon the expiration of the interim use permit. The applicant must continue to comply with all conditions of the existing interim use permit. i) The property owner agrees to abide by any additional conditions that the Council deems appropriate for permission of the use. PARKING PLAN EXISTING 32 STALLS REBAR-T1 � , 11 , 903015019 W � fllitrlT�RY WFLL$ 166.01 41.58 �I CONC. RE'AINING T WALL I I it I CONC.1 CURB I T ! 42 fJ -POLF3 / /ice /// I // F LI ° �� I I I I I I t I IGcLLc_G/.� "� r + 9 STALLS - - --------- � --. - -----------�----- 156 ---------_-------- �.' + �i� D 6- E517UMIIJOUS - __ F'!NF-I�•�I I LOT 7 STALLS ° IFINF )' x n 17' A �••'07 I � /fJ/il I //// I I I I 1 9 Iw_ E 4ARC] FAIL I ��IILc T, � r r 1 5q.3 z co CC I EXISTING BlllLCJING PINE 'O-' co ,ICN ° ' EXTEf210R=1,512 SBFT. F112ST FLOOR �: C --ELEVATION=860.48 I� 54.4 ------ 48 - _----- LU M _ ° � .f`--'•T- n /ii f I Vj�/ii� 1 I I I I U LLJ Y •I ///�� I Yj�///J � E I I I I � :7ENE� 17 -- aa ill j�F/,! 7 STALLS I �I I"! �ITLU nr�C1U5 � �"� F'IfvF FS x 20.9 9 STALLS x I•c= I I t �^/� UTILITY + L I r,,/f,'/s poo- 1 vr; A `■ �" LIGNI O 4 --POI-H I � i i 1 I ! PAf 71NG t I I I r I I f u OUND SPIKE r• I I I I I ONGI cull i I I CONCRETELn – — �1 x -r_- T _�-_� _ _� -� - ` x. N � IEN. r 7t3 S rl N to Lj • C-`a h �- y, 8- l� _94 cd d � A -S'Z < Q a � env z qr Di Fart - ° •• � c � �'- v � a ` ■ i / Igoe * rt CONSENT AGREEMENT WHEREAS, on.November 13, 2007 the City Council of the City of Richfield adopted Ordinance No. 2007-19, which establishes a framework for regulating temporary use of land through the issuance of interim use permits; and WHEREAS, Section 547.15 Subdivison 2 of this Ordinance requires an applicant for an interim use permit to sign a Consent Agreement wherein the applicant acknowledges and agrees that the proposed interim use will not impose additional costs on the public if there is a future need for public acquisition of the applicant's property through eminent domain, that the applicant has no entitlement to future reapproval of the interim use permit and that the applicant will abide by the conditions of approval that the City Council attaches to the interim use permit; NOW, THEREFORE, Penn Avenue Partners II LLC , as applicant for an interim use permit for used car sales at 6529 Penn Ave S, Richfield, MN (use of property) (location) agree as follows: 1. If this application is approved by the Richfield City Council and an interim use permit is issued, the interim use of the property will not impose additional costs on the City or any other public entity if it is necessary to acquire the property or a portion thereof by eminent domain after issuance of the interim use permit. 2. The applicant acknowledges that the proposed use is temporary and terminates upon expiration of the interim use permit. The applicant has no legal or equitable right to future reapproval of the interim use permit and must file a new application for that purpose. 3. The applicant will comply with all conditions imposed by the City Council on the interim use pen-nit. 4. This Consent Agreement shall be binding on any owner, operator, tenant and/or user of the property for which the interim use permit has been granted and the applicant is authorized to sign this Consent Agreement on behalf of said owner, operator, tenant and/or user of the property. ftNN AVEtvtW p C-P—S _Z LLC- DATED: LLDATED: I f a!I(„p Aplicant (Applicant must be the Property Owner) Z& V'J u 6L*q STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 271--day of 11!L , 2014, by 4LIOLIE ,the of , on behalf of said company. Notary Public wft.go WCHELLE R.BERLIN rvOIARYPUBLIC UkraNEsorn _ My Ctawtutr:•rtxt fxpireHi Jan.34,7©ia WE FINANCEI ry, ecarhup.c0m I low a n Y, f S f - a Z � U c DAV NO1M3N m a- 14 N O K CL C K K U U y O O O O L.L L U N � o ❑ o 0 0 0 0 � � o o C C 3AV}:3AI IO N E w x_ c W X X X X X X x ❑ X X_ O O O 1 L X a WW o N W W Ir ❑ p x Q w ❑ Q X X X W X XC) U) L 0 3 0 3AV NN3d mo C: n ❑ ❑ ❑ A V w w w u a @ C N-TE NO w X_ X N O ,^ L ❑ � yU ■i/ L w m c o X N T @ O to D a L X p a a O 3AV N33f1O o J�z W X C)p U ��Z a Z N c 3 A NO1M3N m a LL O O O N O N t O @ O O O N L o d' K K CL K d' CL U O O) ` M C —j C C a /a — AAV 2J3A110 ¢ o @ li •C: a N ( U U U U U U U L C r N a a a a a a a U � � N N O E U U U U U U U d U U O On 1 j j j j w j W O > W W C: Ir U U U9 U U p ya c a O U 3AV NN3d `n L � - �n U U U a j j TQ y a a E 9..—M ❑ CV LO g g a U y a E v m o E ll� j N C O D T 3AVN33no U U� �N AGENDA SEC-10N: CONSENT CALENDAR AGENDA ITEM# 5.G. STAFF REPORT NO. 53 ..;f _.f_.. ..{ CITY COUNCIL MEETING 4/12/2016 REPORT PREPARED BY: Jim Topitzhofer, Recreation Services Director DEPARTMENT DIRECTOR REVIEW: Jim Topitzhofer, Recreation Services Director 4/5/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 4/6/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of the Community Garden Lease Agreement with the Minneapolis - Saint Paul Metropolitan Airports Commission. EXECUTIVE SUMMARY: The City of Richfield has leased land and an adjoining parking lot from the Minneapolis- Saint Paul Metropolitan Airports Commission (MAC) to use as a community garden for the past 15 years. The lease has expired and MAC has prepared a new one. The main change in the new agreement is that MAC is slightly increasing the yearly rent to $242.09 with a 3% annual increase thereafter. MAC began incorporating a rent into the lease to fulfill new requirements set forth by the Federal Aviation Administration. The term of the lease is 5 years. RECOMMENDED ACTION: By Motion: Approve the Community Garden Lease Agreement with the Minneapolis - Saint Paul Metropolitan Airports Commission. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT The Richfield Community Garden is located on MAC land at 5844 - 28th Avenue (one block south of Crosstown at 28th Avenue). The site accommodates 192 garden plots. The plots are plowed and water is available on-site. Each plot measures 15'x20', and are rented for an entire season through Wood Lake Nature Center at a cost of$45 per plot(limit two plots per household); commercial gardening is not allowed. Registration is done in-person at the nature center. Weather permitting; the plots will be ready in early May. B. POLICIES(resolutions,ordinances,regulations,statutes,etch Contracts and agreements of this type are typically reviewed and considered by City Council. C. CRITICAL TIMING ISSUES: The garden season begins in May and the current lease is expired. D. FINANCIAL IMPACT: Rental fees will be funded out of the proceeds of Wood Lake Nature Center's Community Garden Program Operating Budget. The annual fee is adjusted 3% each year as follows: 2016 $242.00 2017 $249.26 2018 $256.74 2019 $264.44 2020 $272.37 E. LEGAL CONSIDERATION: The City Attorney has reviewed the agreement. ALTERNATIVE RECOMMENDATION(Sl: Staff believes that the new rental fee is reasonable and will have minimal impact on the program. However, the Council may chose not to approve the Agreement and discontinue the program or find another location. PRINCIPAL PARTIES EXPECTED AT MEETING: There are no principal parties expected at the meeting. ATTACHMENTS: Description Type ❑ Community Garden Lease Agreement Cover Memc COMMUNITY GARDEN LEASE AGREEMENT Between Metropolitan Airports Commission And The City of Richfield AP � � tS sAr�lr + r •o lob + G z + + C-0 y v _ 00 4* a <04 + I N '4RPaR Minneapolis-St. Paul International Airport April 2016 1 Minneapolis-St. Paul International Airport Space Lease Agreement Summary Type of Agreement Community Garden Lease Tenant City of Richfield Contact Jim Topitzhofer, Recreation Services Director Phone 612-861-9394 FAX 612-861-9388 E-Mail jtopitzhofer@cityofrichfield.org City of Richfield Tenant 6700 Portland Avenue Notice Address Richfield, MN 55423 MAC Representative Anne Thurston Phone 612-467-0952 FAX 612-970-9600 E-mail Anne.Thurston@mspmac.org MAC Attn: Comm. Mgmt. &Airline Affairs Notice Address 6040 28th Avenue South Minneapolis,MN 55450 Effective Date April 1, 2016 Term Five(5)years Rent $144.91 per year,per acre, 3% annual escalator Security Deposit $0 Taxes Tenant responsibility Utilities Tenant responsibility Maintenance Tenant responsibility Authorized Use(s) Solely for the use of community garden plots. Minimum Insurance Policies shall be in the amount of statutory limits provided by Minn. Stat. 466.04 2 COMMUNITY GARDEN PLOTS LEASE AGREEMENT THIS COMMUNITY GARDEN PLOTS LEASE AGREEMENT ("Lease's was made this First (1S) day of April, 2016 between the Metropolitan Airports Commission ("Commission's, a public corporation of the State of Minnesota, as Lessor, and the City of Richfield, 6700 Portland Ave, Richfield, MN 55423 ("City', as Lessee. WITNESSETH: WHEREAS, the Commission has determined that it currently has no specific airport use suitable for the property described in this Lease and is authorized to lease or license the property for compatible uses; and WHEREAS, the City leased the property as shown on attached Exhibit A from the Commission pursuant to a license dated October 4, 1999; and WHEREAS, the City leased the property as shown on attached Exhibit A from the Commission pursuant to a license dated April 1, 2011; and WHEREAS, the City desires to continue to lease the property, including non-exclusive use of a portion of the adjacent parking area, to operate community garden plots on the property; and WHEREAS, the Commission has determined that the authorized uses under this Lease would not interfere with airport operations; and WHEREAS, The City and commission desire to terminate the license dated April 1, 2011, and replace it with this Lease; and WHEREAS, Commission is willing to lease the property to the City upon the terms and conditions of this Lease, which has been approved by the Commission on December 21, 2015. NOW THEREFORE, in consideration of the mutual covenants hereinafter stated, the parties hereto agree as follows: 1. PROPERTY. The Commission grants to City a lease to occupy and use, subject to the terms and conditions stated herein, a portion of the lands located at 5844 28th Avenue South, City of Minneapolis constituting the Minneapolis-St. Paul International Airport ("Airport's in Hennepin County, Minnesota, totaling 1.67 acres, as shown on attached sketch ("Premises': 3 2. USE. The Premises may be occupied and used by the City for recreational purposes as follows: Solely for the operation of community garden plots. Use of the Premises hereunder and improvements made in furtherance of such use shall at all times comply with clearance requirements under FAA regulations and state zoning requirements. At its own expense, Tenant may make minor improvements to the Premises such as tilling soil and installing water spigots. Major improvements may only be made with the prior written approval of MAC. Tenant may use the Premises only for community gardens and related projects and will not occupy the Premises for other purposes without the permission of the Commission. The parking lot located on the Premises is accessible to tenant, its employees, guests, or invitees on a non-exclusive basis while utilizing the Premises in conjunction with the community gardens program. The Tenant promises: (1) not to permit or allow its employees, guests or invitees to act in an unruly, destructive, or thoughtless manner; (2) not to permit use of the Premises in any way that is illegal or dangerous or that would cause a cancellation, restriction, or increase in premium in any insurance carried by the MAC on the Premises; (3) not to interfere in the management or operation of the property immediately surrounding the Premises. 3. TERM. The term of this Lease shall be five years. The Premises are subject to recapture by the Commission upon six (6) months written notice to City, with no monetary compensation to the City. The City may terminate this Lease upon six (6) months written notice to the Commission with no monetary compensation to the Commission. In the event of termination or recapture, the City shall have 90 days within which to remove its property, equipment and fixtures located or placed thereon and to restore the Premises to a condition acceptable to the Commission. Termination by either parry may not become effective during the months of May through October. Renewal of this Lease will be based on a new determination by the Commission and the FAA that the property is not needed for exclusive aviation use during the proposed renewal period and that the use of the area for recreational purposes does not conflict with the safe operation of the airport. The City must submit a written request for renewal at least 90 days prior to expiration of the last year of the term of the agreement. Any renewal lease will be under lease terms and 4 conditions to be determined at the time of renewal, and at rental rates to be determined at the time of renewal. Any continuation of operations in the absence of an extension or renewal creates only a month-to-month tenancy cancelable upon thirty (30) days advance written notice by either party. Lessee will be responsible for continuing to make all payments of rent and fees as if this Agreement had not been terminated. Lessee shall also be responsible for all other obligations under this Agreement. Upon termination of this Lease, Commission has no obligation to provide the Premises or any other Commission or Airport property to City. 4. ASSIGNMENT OF LEASE: The City shall not assign or transfer this Lease, nor permit this Lease to become transferred by operation of law or otherwise, nor do or suffer any acts to be done whereby the same may be or become assigned in whole or in part. The City shall not sublease the whole or any part of the Premises. 5. CONSTRUCTION AND MAINTENANCE. All plans for the grading and construction of and relating to replacement of or alterations to the Premises, facilities or improvements shall require Commission staff review and approval, and in addition, all expansion, construction, repair, replacement and alteration plans must meet the requirements of the Federal and State regulatory agencies for clearance and protection of approaches in respect to the airport. Final design by City for the Premises shall be subject to review and approval by Commission for conformance with FAA and state rules and regulations and compatibility with airport operational requirements. All work shall be carried on at such time or times and under such control as the Commission's Airport Manager may impose to coordinate the same with the necessary continuous operation of the airport. The City shall fence the Premises, according to Commission requirements, to prevent unauthorized access to the airport operational areas. In addition, the City agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event any future structure or building is planned for the Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises. All work shall be completed at City's cost, and City shall notify Commission prior to continuing any work if any foreseen or unforeseen environmental conditions exist or manifest; keep the Premises, this Lease and every improvement on the Premises free and clear from all liens for labor performed and materials furnished; and defend, at City's cost, each and every lien asserted or filed 5 against the land, any part thereof, or against this Lease or any improvement on the Premises and pay each and every judgment resulting from such lien. In addition to the monetary rent paid to the Commission, the City shall, at all times and at no cost or expense to Commission, maintain the Premises and all improvements thereon in a neat and clean condition and in good repair and shall keep the Premises free from debris, weeds and erosion. The City shall not suffer or permit any waste or nuisance on the Premises and shall permit no illegal acts or conduct thereon or such as will constitute a nuisance. 6. RENT. As rent for the Premises the City shall pay annually in advance an amount of $144.91 per acre for the first year, with a 3% annual escalator. See table below for annual rates. The rental rate must be consistent with any change made in the future to federal revenue diversion policy. Thus, the rental amount may be changed during the term of the Lease in order to maintain compliance with federal revenue diversion policy upon 180 days written notice from the Commission to the City. 2016 $242.00 2017 $249.26 2018 $256.74 2019 $264.44 2020 $272.37 City shall pay for all water, sanitary sewer, gas, electricity, telephone, refuse collection, pest control, and storm sewer charges, environmental charges and fees, or other similar charges used on or attributable to the Premises, together with any taxes, penalties, interest or surcharges associated with such utilities and charges. City shall pay all applicable taxes (including, but not limited to, property taxes), assessments, license fees, regulatory fees and other charges, if any, imposed by any other governmental authority during the Term of this Lease upon or related to the Premises, buildings, improvements or other property located thereon, or upon City's use or occupancy, for whatever term deemed applicable to City by that governmental authority. City shall pay these amounts without deduction or set-off against Rent to be paid under this Lease. 7. INSURANCE. The City agrees to indemnify and save harmless the Commission from any and all claims or causes of action arising or claimed to arise by reason of injury or death to person or damage to property and arising out of or incidental to the Commission's grant to the City of this Lease or out of act or omission of person or persons incident to City's use and occupancy of the 6 premises. The City shall either (i) maintain insurance, a standard term policy or policies of insurance in amounts as hereinafter set out against public liability, blanket contractual liability and property damage including personal and advertising and products liability, or (ii) provide self-insurance of equivalent protection. Such policy or policies shall be in the amount of statutory limits provided by Minn. Stat. 466.04, or as such statute may be amended or modified from time to time, which currently requires one million five hundred thousand dollars ($1,500,000) per accident or occurrence or five hundred thousand dollars ($500,000) per person. The general liability insurance shall name the City as insured and shall also name the Commission as additional insured by endorsement to the policy or policies. The City also shall maintain statutory workers' compensation insurance or self-insurance for all employees performing work under this agreement. Nothing in this Lease constitutes a waiver by the City of any statutory or common law, defenses, immunities, or limits on liability. The obligation of the City of Richfield under this section cannot exceed the greater of (i) amount that the City would be obligated to pay under the provisions and limitations of Minn. Stat. Chap 466 or (ii) the amount of insurance carried by City applicable to a claim referred to in the first sentence of this Section 7. 8. HOLD HARMLESS. To the extent permitted by law, the City agrees to hold and save harmless the Commission from any and all claims, liens or liability which may arise from City's construction, maintenance, repair or replacement aforesaid or from claims of labor or materials involved in or rising out of the same. The City shall indemnify, defend and hold harmless Commission from and against any and all losses, liability, fines, lawsuits, charges, damages, penalties, or claims of liability for loss, damage or injury to persons or property on or about the lands under Lease arising out of City's use and occupancy of the Premises, and Commission shall not be liable to the City to any extent, nor will the City make any claim against Commission for or on account of damage to the lands under Lease or loss damage to or destruction of improvements, facilities and structures thereon. Nothing in this Lease Agreement constitutes a waiver by the City of any statutory or common law, defenses, immunities, or limits on liability. The obligation of the City of Richfield-under this section cannot exceed the greater of (i) amount that the City would be obligated to pay under the provisions and limitations of Minn. Stat. Chap 466 or (ii) the amount of insurance carried by City applicable to a claim referred to in the first sentence of this Section 8. 9. FAA AND MNDOT. Execution and continuation of this Lease is conditioned upon approval and agreement of the FAA and MN/DOT, Division of Aeronautics that the development and use of such lands for recreational purposes would not conflict with aircraft operations to and from the airport and would comply with the clearance and approach requirements presently applicable at said airport. 10. COMPLIANCE WITH LAWS. The City shall comply with all laws, ordinances, rules and regulations of the United States of America, the State of Minnesota, or of agencies, departments or divisions of either (including but not limited to) the Minnehaha Creek and/or the Lower Minnesota Watershed Districts, Minnesota Pollution Control Agency, or of the Commission relating to the Premises and the use thereof or relating to control of ground and air traffic, aircraft operations and the general use and operation of the airport; and the City shall see to the payment of any all taxes, assessments, license fees or other charges that may be legally levied, assessed or made during the term of this Lease or any extension thereof by reason of the uses hereby permitted of the Premises. City shall be fully responsible of obtaining all necessary permits or other approvals, under environmental laws, in its name and shall have full responsibility for signing and submitting any necessary applications, forms, documentation, notifications or certifications. City shall provide evidence of compliance with such laws to the Commission upon request of the Commission. 11. HEIGHT. The City expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth, and other objects on the Premises to a height that will not constitute an obstruction as determined by the standards in Federal Aviation Regulation, Part 77. In the event the aforesaid covenants are breached, the Commission reserves the right to enter upon the Premises and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of the City. Further, the City agrees that no lights will be permitted (including automobile headlights) or installed on the Premises which will have a detrimental effect on control tower operations or otherwise affect night operations. 12. FLIGHT OF AIRCRAFT. The City expressly agrees for itself, its successors and assigns to prevent any use of the Premises which might interfere with the landing and taking off of aircraft from the Airport or to the flight of aircraft over the Premises or otherwise constitute a hazard, or interfere with air navigation and communication facilities presently or in the future serving the Airport. In the event the aforesaid covenant is breached, the Commission reserves the right to enter upon the Premises and cause the abatement of such interference at the expense of the City. 13. WITHOUT PREJUDICE. It is understood that grant of this Lease and use of the Premises is conditioned upon and shall be without prejudice to the rights of the Commission as owner and operator of the aforesaid public airport of which the subject Premises constitute a part. 8 14. NONDISCRIMINATION. The City for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that in the event facilities are constructed, maintained, or otherwise operated on the Premises for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the City shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. The City for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or nation origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that the City shall use the Premises in compliance with all other requirements imposed by or pursuant to 49 CFR 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 15. COMMISSION RESERVATIONS. Commission reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or view of the City, and without interference or hindrance. Commission reserves the right, but shall not be obligated to the City, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of the City in this regard. 16. COMMISSION RIGHT OF ENTRY. Commission shall at all times and through its agents and employees or contractors have a right of entry upon the Premises, as may be necessary in the development, maintenance and operation of the airport, at their discretion. Further, the Commission reserves the right to install and maintain on the Premises such utility lines, conduits, pipes and facilities as may be necessary to the development, maintenance and operation of said airport, provided Commission shall at its cost and expense, repair any damages and restore any portion of the Premises damaged by reason of such installation and maintenance. However, if the City causes the need for such repair, construction, 9 installation, or maintenance, the Commission will not pay to repair or restore any part of the Premises. 18. REQUIRED NOTICE. Incident to use and occupancy of the Premises hereunder, the City will advise those making use of or coming on the Premises and the parents of those children making use of the Premises that Commission has no responsibility in respect to maintenance, care, policing, control and supervision of the premises so long as this Lease is in effect. The MAC will post signage visible to property users that the Premises are owned by the Metropolitan Airports Commission. 19. ENVIRONMENTAL OPERATING CONDITIONS. Any materials/waste (hazardous or otherwise) ""left over" from City's use and occupancy of the Premises are the property of the City and must be removed by the City. Waste disposal must follow all county, state and federal regulations. MAC is not the owner, generator or the party responsible for removal/disposal of this waste/material. Any portal restroom installed on the Premises will have all costs and maintenance responsibility borne by the Lessee and it should be serviced at a frequency commensurate to usage (per the manufacturer and/or service provider's established guidelines) but at a minimum of once per week. Spills or leaks, related but not limited to, and environmental impacts associated with the use of the portable restroom, service by vendor, vandalism, etc. shall be reported as indicated in this section and as necessary per regulation and remediated as needed with all costs borne by Lessee. City shall also notify MAC of any spills or dumping, regardless of the amount, occurring on Airport property to which the City has knowledge. If MAC incurs costs related to a spill or other environmental expense related to City's operations at the Airport, unless due to the gross negligence of MAC, MAC will bill City for all MAC's costs, plus a fifteen percent (15%) administrative fee. City shall pay MAC within thirty (30) days of invoice. The use of herbicides is prohibited; cultivation or mulches should be utilized to control weeds. 20. NOTICE. All notices or communications between Commission and City shall be deemed sufficiently given or rendered if in writing and delivered to either party (i) personally, (ii) by registered or certified mail return receipt requested, or (iii) by nationally recognized overnight courier service. Except as otherwise specified herein, all notices and other communications shall be deemed to have been duly given (a) the date of receipt or rejection if given personally, (b) three (3) business days after the date of posting if given by certified or registered mail, or (c) the first (1St) business day after the date of posting if delivered by a 10 nationally recognized courier delivery service. Notices hereunder may be given by the respective attorneys for any of the parties. Addresses for all notices are as follows: Commission: Metropolitan Airports Commission Office of Commercial Management & Airline Affairs 604028 th Avenue South Minneapolis, MN 55450 City: City of Richfield Attn: City Manager 6700 Portland Avenue Richfield, MN 55423 Either party may change the party's address for notice by providing written notice to the other party. 21. WAIVER. The waiver by Commission or City of any breach of any term of this Lease shall not be deemed a waiver of any prior or subsequent breach of the same term or any other term of this Lease. 22. COMMITMENTS TO FEDERAL AND STATE AGENCIES. Nothing in this Lease shall be construed to prevent Commission from making such commitments as it desires to the Federal Government or the State of Minnesota in order to qualify for the expenditure of Federal or State funds on the Airport. This Lease shall be subordinate to the provisions of and requirements of any existing or future agreement between Commission and the United States, relative to the development, operation, or maintenance of the Airport. 23. RIGHT OF FLIGHT / NOISE. There is hereby reserved to the Commission, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises, together with the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from, or operation on the Airport. 24. ENTIRE AGREEMENT. This Lease represents the entire agreement between the parties and supersedes any prior agreements regarding the Premises or any part thereof. IN WITNESS WHEREOF, the parties hereto have signed this Lease Agreement the day and year written below. METROPOLITAN AIRPORTS COMMISSION By Eric L. Johnson Director, Commercial Management & Airline Affairs Date STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN) This instrument was acknowledged before me on the day of , 2016, by Eric L. Johnson as the authorized representative of the Metropolitan Airports Commission. (Notarial Seal) Notary Public CITY OF RICHFIELD By Mayor Date By City Manager Date 12 STATE OF MINNESOTA ) ) SS COUNTY OF ) This instrument was acknowledged before me on the day of , 20161 by and Mayor and City Manager, respectively of the City of Richfield. Notary Public (Notarial Seal) 13 Richfield Community Garden Lease 0 d > C) PARKING a LOT GARDEN AREA 355' X 205' .4. FAA Antenna 0 coo E. 59th St. N -PRELIMINARY- INFORMATION NOT VERIFIED ,p n 14 AGENDA SEC-10N: CONSENT CALENDAR AGENDA ITEM# 5.1-1. STAFF REPORT NO. 54 ..;f _.f_.. ..{ CITY COUNCIL MEETING VN 4/12/2016 REPORT PREPARED BY: Chris Link,Operations Superintendent DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director 4/4/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 4/6/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of the purchase of a flush truck chassis from Rihm Kenworth for$70,059 and body from Swanson Equipment Companies for $59,400 totaling $129,459. EXECUTIVE SUMMARY: The Public Works Department uses flush trucks for: • street sweeping; • dust control; • parking lot cleaning; and, • flooding ice rinks. The flush truck being replaced was purchased in 1995 and has been extended six years past it's replacement date. This truck has experienced three major breakdowns in the last two years and replacement parts are no longer available for the chassis portion of the truck. RECOMMENDED ACTION: By Motion: Approve the purchase of a flush truck chassis from Rihm Kenworth for$70,059 and body from Swanson Equipment Companies for$59,400, totaling $129,459. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • This is a specialty piece of equipment that many cities utilize. • The flush truck being replaced was purchased in 1995 and has been extended six years past the original replacement date. • Parts are no longer available to fix the chassis portion of the truck. • Recent breakdowns include: radiator replacement, floor replacement, and pump replacement. B. POLICIES(resolutions,ordinances,regulations,statutes,etch Purchase of this flush truck is to be made in two parts: chassis and body. Chassis Purchase of the chassis is to be made through the Minnesota State Cooperative Purchasing Program. This purchasing program is considered a Service Cooperative which are Public entities created under MN Statute 123A.21 to negotiate services that result in cost savings and enhanced services for schools, governmental entities and nonprofit entities. The City of Richfield participates in the MN State Cooperative Purchasing Program and Rihm Kenworth is an approved vendor. Body Purchase of the truck body is to be made through the City's Purchasing and Spending Authority Policy. For purchases between $25,000 and $100,000 two or more quotes shall be obtained. This specialty piece of equipment has two qualified vendors in the area capable of building the body portion of the truck. Because of this only two quotes were obtained: • Swanston Equipment Companies: $59,400 • Ruffridge-Johnson Equipment: $81,990 C. CRITICAL TIMING ISSUES: Approval of the purchase will ensure that the equipment is built and delivered within the year it was budgeted. D. FINANCIAL IMPACT: • The Council Approved 2016 Budget contains $170,000 for the purchase of this equipment. • The total purchase price includes $10,200 for trade-in. E. LEGAL CONSIDERATION: When the purchase of materials, merchandise, equipment, or construction exceeds $100,000, authority to purchase shall be submitted to the City Council for consideration. ALTERNATIVE RECOMMENDATION(B)LI The Council may take no action, however the continued use of the flush truck past its useful life will likely result in additional breakdowns, costly repairs, component replacement, and a delay in service delivery. PRINCIPAL PARTIES EXPECTED AT MEETING: None AGENDA SEC-10N: PUBLIC HEARINGS AGENDA ITEM# 7. STAFF REPORT NO. 55 ..;f _.f_.. ..{ CITY COUNCIL MEETING VN 4/12/2016 REPORT PREPARED BY: Jeff Pearson,City Engineer DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director 4/5/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 4/6/2016 ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding a resolution approving a 5-year street reconstruction plan (2017-2021) and authorizing the issuance of street reconstruction bonds to finance the 2017 through 2019 reconstruction projects. EXECUTIVE SUMMARY: The City is authorized under Minnesota Statutes to prepare a five-year plan for street reconstruction and to issue general obligation bonds to finance the cost of the reconstruction described in the plan (Street Reconstruction Bonds). Staff has prepared a Five-Year Reconstruction Plan for the purposes of utilizing the Street Reconstruction Bonds to finance the work in place of special assessments. The projects included in the plan and proposed resolution for up to $22,100,000 in Street Reconstruction Bond funding are: • Residential Mill & Overlay • 66th Street For planning purposes the proposed plan also identifies the following projects for reconstruction within the next 5 years: • 77th Street (Underpass of Trunk Highway 77) • 65th Street Central • Penn Avenue The proposed plan includes the replacement of the City's underground utilities (storm, sewer, water) when a road is reconstructed. (City staff will provide a brief presentation on the Five-Year Reconstruction Plan before opening the Public Hearing) RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Adopt the attached resolution approving the 5-year street reconstruction plan and authorizing issuance of street reconstruction bonds to finance the 2017 through 2019 reconstruction projects. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • At the March 22, 2016 Council Worksession the following projects were discussed as part of the plan: • Residential Mill & Overlay (2017-2020) • 66th Street (2017-2019) • 77th Street Trunk Highway 77 Underpass (2017) • 65th Street Central (2020) • Penn Avenue (2021) • At this time, staff is seeking approval to move forward with financing for the projects proposed for 2017-2019 reconstruction (with the exception of the 77th Street Underpass project which identifies alternative financing sources). B. POLICIES(resolutions,ordinances,regulations,statutes,etch • In order to utilize the Street Reconstruction Bonds, the following must occur: • Creation of a Five Year Street Reconstruction Plan • Public Hearing regarding the Five Year Street Reconstruction Plan and Issuance of Bonds, notification published March 24, 2016 • Adoption of a resolution approving the Plan and giving preliminary approval for the issuance of Bonds • City Council must approve the plan and issuance of bonds by a vote of all members present at the meeting • Within 30 days of the public hearing, voters may petition for a referendum, or vote, on issuing the bonds. C. CRITICAL TIMING ISSUES: • The public hearing, adoption of the plan, bond issuance and reverse referendum period need to stay on track in order to provide sufficient time for final approvals to complete the projects identified for 2017 reconstruction. D. FINANCIAL IMPACT: • The adoption of the proposed resolution provides preliminary approval for the issuance of street reconstruction bonds totaling a maximum of$22,100,000 to finance the projects identified for completion in 2017-19. • The bond sales, which are limited to a maximum of$10,000,000 per year, would occur over three years. • The current estimates for the bonding portion of the project are: Residential Mill and Overlay (Franchise Fees) $ 5,800,000 66th Street and Utility Reconstruction $ 15,200,000 Bond fees/ interest $ 1,100,000 Total 22,100,000 • Exact bonding amounts will be based on actual project costs E. LEGAL CONSIDERATION: • Minnesota Statute requires the City to hold a public hearing on the plan and issuance of the bonds. • All of the members of the City Council present at the meeting must vote to approve the plan and the issuance of the bonds. • The bond issuance is subject to a 30-day reverse referendum period upon approval. • The City Attorney will be available to answer questions. ALTERNATIVE RECOMMENDATION(B)LI The City Council may choose to postpone the adoption of the proposed resolution and direct staff on how to proceed. PRINCIPAL PARTIES EXPECTED AT MEETING: City residents ATTACHMENTS: Description Type D Plan Resolution Resolution Letter D 5 Year Street Reconstruction Plan Backup Material D Citywide Mailing Backup Material CITY OF RICHFIELD RESOLUTION NO. RESOLUTION OF THE CITY OF RICHFIELD ADOPTING A STREET RECONSTRUCTION PLAN AND AUTHORIZING ISSUANCE OF STREET RECONSTRUCTION BONDS BE IT RESOLVED by the City Council of the City of Richfield, Minnesota (the "City"), as follows: Section 1. Background. 1.01. The City is authorized under Minnesota Statutes, Section 475.58, subdivision 3b (the"Act") to prepare a plan for street reconstruction in the City over the next five years that will be financed under the Act, including a description of the proposed work and estimated costs, and to issue general obligation bonds to finance the cost of street reconstruction activities described in the plan. 1.02. Before the issuance of any bonds under the Act, the City is required to hold a public hearing on the plan and issuance of the bonds. 1.03. Pursuant to the Act, the City, in consultation with its City engineer,has caused preparation of a 5-Year Street Reconstruction Plan dated April 12, 2016(the"Plan"),which describes certain street reconstruction activities in the City for the years 2017 through 2021. The reconstruction activities described in the Plan include the reconstruction of the following projects identified for completion during 2017-2019 for which it seeks to issue general obligation bonds to finance in part the costs of the following projects: 66`" Street Reconstruction(2017-2020) • Residential Mill&Overlay(3 years of 6 year project) (2018-2020) 1.04. The City has determined that it is in the best interests of the City to authorize the issuance and sale of street reconstruction bonds pursuant to the Act in the maximum principal amount of $22,100,000 (the "Bonds"). The purpose of the Bonds is to finance the costs of the projects identified for reconstruction during 2017-2019 as described in the Plan. 1.05. On this date, the City Council held a public hearing on the Plan and the issuance of the Bonds, after publication in the City's official newspaper of a notice of public hearing at least 10 days but no more than 28 days before the date of the hearing. Section 2. Plan Approved. 2.01. The City Council finds that the Plan will improve the City's street system, which serves the interests of the City as a whole. 2.02. The Plan is approved in the form on file in City Hall. Section 3. Bonds Authorized. 1 3.01. The City is authorized to issue the Bonds in a maximum amount of$22,100,000 in order to finance the 2017-2019 projects described in the Plan. City staff, its financial advisor, and its legal counsel are authorized to take all actions needed to call for the sale of the Bonds, subject to the contingency described in Section 3.02 hereof. 3.02. if a petition requesting a vote on the issuance of the Bonds, signed by voters equal to five percent of the votes cast in the last municipal general election, is filed with the City Clerk within 30 days after the date of the public hearing, the City may issue the Bonds only after obtaining approval of a majority of voters voting on the question at an election. The authorization to issue the Bonds is subject to expiration of the 30-day period without the City's receipt of a qualified petition under the Act, or if a qualified petition is filed, upon the approving vote of a majority of the voters voting on the question of issuance of the Bonds. 3.03. City staff are authorized and directed to take all other actions necessary to carry out the intent of this resolution. Adopted by the City Council this 12th day of April,2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk 2 G OO O CD O O O :3 O O O O C - O O O a) U O O Cl ` ZVO O O C:, N7 W M C N cu CL N � tR H3(A fR H3 H3 b4 H3(A H3 fA H3 H3(A b4 H3 H3 b4 - O O O Q O O O .— O O O y U O O O ` O O Lt) n N N o L C O tD O N co U O a) � tR b4(A ER H3 b4 b4 64(A b4 EA H3 b4(A b4 64 d3 b4 - cm CD O Q O O O O L) Cl Cl - N co cq s N U) y a w 0 N O L) r r N N to ce Ee Ve b4 b9 a V3 b4 EA V)b9 ua ua b4 V3 - OO O Q O 1_ O O ._ a o a y U O O O O ` O O O O N Ln rl. N y O N - co N O O co N Of V3 V! 63 H-]6p3 6q b4 V! H3 U! EA H3 U! 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Q N 01 r 61 N V N N } w G a c � �' ro � coo // �' m 7 V! to H3 M f e be U4 b4 H3 ua U4 fA be U4 M b4 ua be b4 fA b4 a G L o(� 0 0 Cl 0 0 0 0 o O O Cl 0 U) o o O o C 0 0 m O O O O c9 O co OOEL Ln Ln O O O O 8 O N — 07 N O N a N N O co Al � W r � >_ tR H3(A fR H3 H3 b4 H3(A H3 fA H3 H3(A b4 H3 H3 b4 H3 64 C O a) � E > - O m m fl- } a E o LL a c m m ` m m U m y U } o0- 0 0 a m ` a - c 0 LL Cny Q y c o o E a aai m w o a Q 0 7 y a c y a c c y m c E _ s m .n � � w a o a) c LL c > U o m > m d m a = `m Eol ¢ :t: a a a a '� O m m y m :° Q o m m Q o m E y .E °05 � tn tq crL [gUmo � 'o o E F m fl- inTUU 0 cgcnFXU2 OF � a` OWL w Five-Year Street Reconstruction Plan `a 2017 - 2021 Projects RINFIELD STREETS.OR', 77th Street Underpass (2017) Construction of a new 77th Street underpass of T.H. 77. The Underpass will be the final piece of the 77th Street corridor, designed as an arterial reliever to 1-494 in order to reduce congestion. The underpass will improve access to and from the Metro Transit South Garage, and provide direct access for cars, bicyclists, pedestrians and transit users from Richfield to MSP and the Mall of America. 66th Street (2017-2020) Reconstruction of 66th Street (CR53)from Upton Avenue to Richfield Parkway. This project includes reconstruction of failing pavement, replacement of City utilities, undergrounding of parallel overhead utility lines, and improved bicycle and pedestrian accommodations. The project also addresses safety and traffic flow concerns through the use of additional medians and roundabouts. Residential Mill & Overlay (2017-2020) As part of a 6 year initiative to perform major maintenance to extend the life of the City's residential roads, originally constructed in the mid-70s, asphalt streets will receive a mill and overlay. To date, approximately 15 miles of the City's residential roads have been completed with the remaining 85 miles to be resurfaced over the course of the project. The project also includes catch basin and curb repairs, along with replacement of City utility manholes. The bonding required to complete the project will be financed through the increase in Franchise Fees effective April 2014. 65th Street Central (2020) Reconstruction of 65th Street between Nicollet Avenue and 66th Street. This project will replace the failing concrete road surface with new asphalt. The project will also replace City utilities. Consistent with the City Complete Streets Policy, a public involvement process would be used to determine the future design of the roadway. Penn Avenue Reconstruction (2021) Reconstruction of Penn Avenue from 62nd Street to 75th Street. This project includes reconstruction of failing pavement, replacement of City utilities, and undergrounding of parallel overhead utility lines. Consistent with the City and County Complete Streets Policies, a public involvement process would be used to determine the future design of the roadway. April 12, 2016 BETTER a PROJECTS s Underpass (2017) Construction of a new 77th Street underpass of Trunk Highway 77 U" R - (Cedar 66th Street Reconstruction (2017-2020) A Upton Avenue to Richfield Parkway, including replacement of City B E utilities, undergrounding of parallel overhead utility lines, and improved bicycle and pedestrian accommodations. RICH Residential Overlay 5-Year Street Reconstruction Plan (funded by ' ' effective April A public hearing will take place on Mill ' overlay of residential • = catch basin ' April 12 at 7:00 p.m. curb and gutter repairs, along manhole replacements. at Richfield City Hall Council • Street , 20) Chambers regarding a 5-year street Between _ _ _ _ reconstruction plan and the issuance ' ' " including replacement f City utilities. of street reconstruction bonds for the ' 2017-2019 projects Penn Avenue Reconstruction , 21) For more information, visit ' 62nd Street south to including replacement richfieldsweetstreets.org/5yearstreet of 5-Year Street Reconstruction Plan Estimated Annual Property Tax Increase (20 year) PRSRT STD U.S. Postage Property Value 2017 2018 2019 PAID $100,000 $19.62 $8.72 $4.80 Permit 42256 $150,000 $34.56 $15.36 $8.45 Twin Cities, MN $200,000 $49.50 $22.00 $15.10 $250,000 $64.44 $28.64 $15.75 $300,000 $79.38 $35.28 $19.40 Total Proposed Five-Year Improvements $106,056,000 Total Proposed 2017-2019 Improvements $84,296,000 Proposed Five-Year Bonding $32,000,000 Proposed 2017-2019 Bonding $21,000,000 Total Five-Year Bonding Improvement % 30.1% Total 2017-2019 Bonding Improvement % 24.9% Public Hearing: Tuesday, April 12, 2016 ********ECRWSS** 7 p.m. City Council Meeting POSTAL CUSTOMER Richfield Municipal Center—Council Chambers 6700 Portland Avenue, Richfield, MN 55423 Comments or questions: Jeff Pearson, City Engineer 612-861-9791 or jpearson@cityofrichfield.org Visit richfieldsweetstreets.org/5yearstreet for more information. J AGENDA SECTION: OTHER BUSINESS AGENDA ITEM# 8. STAFF REPORT NO. 56 ..;f _.f_.. ..{ CITY COUNCIL MEETING VN 4/12/2016 REPORT PREPARED BY: Elizabeth Finnegan, Civil Engineer DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director 4/5/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 4/6/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the acceptance of the bid minutes/tabulation and award of a contract to Ti-Zack Concrete, Inc. for the 2016 Concrete Sidewalk, Curb, and Gutter Repair project for $1,125,041.50 and authorization to the City Manager to approve contract changes under$50,000 without further Council consideration. EXECUTIVE SUMMARY: Each year the City awards a contract to replace cracked and heaved sidewalk, curb, and gutter, and other concrete, as necessary, at various locations throughout the city. With the implementation of the city-wide Accelerated Mill and Overlay Program, concrete repairs are concentrated in the mill and overlay areas. This will ensure the concrete repairs are completed the year before the area is scheduled for mill and overlay. All catch basins and manhole structures in the area are also inspected and, if necessary, repaired as part of this project. Bids for the concrete repair project were opened on March 31, 2016. Ti-Zack Concrete, Inc. was the lowest responsive and responsible bidder. Staff recommends the award of contract to Ti-Zack Concrete, Inc. RECOMMENDED ACTION: By Motion: 1. Accept the bid minutes/tabulation and award a contract to Ti-Zack Conrete, Inc. in the amount of$1,125,041.50 for 2016 Sidewalk, Curb, and Gutter Concrete Repair. 2. Authorize the City Manager to approve contract changes under$50,000 without further City Council authorization. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • As part of the City's street maintenance program, each year the City awards a contract to replace cracked and heaved sidewalk, curb and gutter, and other concrete work. • The program was expanded in 2015 in preparation for the Accelerated Mill and Overlay Program. Concrete repairs are concentrated in the area of next year's mill and overlay. • The project includes rebuilding catch basins and manhole structures in preparation for mill and overlay. B. POLICIES(resolutions,ordinances,regulations,statutes,etch • The project is included in the Five-Year Street Reconstruction Plan. • The concrete repair work is completed in conjunction with the mill and overlay project approved in 2013. • Approved in 2013, enacted in April 2014, an increase in electric and gas franchise fees was put in place to fund the Accelerated Mill and Overlay Program. C. CRITICAL TIMING ISSUES: • Concrete repair work is scheduled to begin July 11, 2016 and be completed by October 14, 2016. • Concrete repairs should be completed the year prior to mill &overlay to keep the project on track. D. FINANCIAL IMPACT: • Four bids were received for the concrete repairs. The lowest responsive and responsible bid was $1,125,041.50 • Engineer's Opinion of Cost for concrete repairs was$1,071,632. The low bid is 5% higher than the Engineer's estimate. The Engineer's estimate was prepared using unit prices from the 2015 concrete project. The higher bid price is due to higher concrete unit prices. • The project will be funded using franchise fees. E. LEGAL CONSIDERATION: • When the amount of purchase is estimated to exceed $100,000, sealed bids shall be solicited by public notice in the manner and subject to the law governing contracts or purchases by the City of Richfield. • The advertisement for bid for the contract was published in the Richfield Sun-Current on March 10, 2016 and on the Questcdn.com website on March 10, 2016. • Bid opening was held on March 31, 2016. • Ti-Zack Concrete, Inc. submitted the lowest responsible bid. ALTERNATIVE RECOMMENDATION(Sl: • Council may choose to reject all bids and direct staff to obtain new bids; however, staff believes the bid prices received were competitive. • Council may choose not to continue with concrete repairs in preparation for the Accelerated Mill & Overlay Program; however, the program is essential to maintaining and extending the usable life of the City's streets. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type D Bid Tab Cover Memo D Mill and Overlay Project Exhibit O O O 00 Lr) O O � ri 00 O m Rt w O :1- O M 61 61 m N czj- m Ol N N la r-I r-I r-I r-I a+ O H a) L Z o � L a *' c 0 O x x x x Vf 0 O M CL C O 3 C U U O Xi Xi X1 x +, O i i d m O U C +�+ O 3 O U Z c V U x x x x o O O N � � aJ C v O O 00 aJ L O U m E t0 M O O = N cu i E ca Z aJ Q. c M U Q Q- c � U f0 .CL f0 E 6 v_ L U 4a O 6 U 6L U c + ai OA O o c -o C U U m o -c m 41 — O U o _ Y E o o O. Wo w M N U ?:aj u H Z w m OL Q PXW'108fad AelJa^O Pue II!W\SIOafad\luw5VYTBaJTS\bu!Ja9u!5u3\SNJoM O!Ignd\SIE)\:I s O ^ 0061 HVO30 1 06 0081 4181 CD Q -^ o0u 4lu N N 0091 419E N N 4ZS1 NOlONIWOOlB e 0091 41S1 0041 4141 II OOEI 41E1 II OOZI 41ZL 00II4111 OOOI 4101 jC M O 006 101113 06 UUU • s p C I 008 OOVOIHO 4 OZL Sn 8WnlOo \)( T T N C I OOL NaVd O O OZ9 GWWO N N 009 aNVllaod 009 41S 004 414 O � bZE NOlNIIO y I apo= QII 0. P- 0, PAZ a II Ci� 4Z1 SN3A31S I- co P T T N N A 000 1311001NOIN f$sS=J v fu 09 1130SIVla L001 HlaOM1N3M I _ OOZ AanOSllld OOE 1NtlStl3ld I :'004 ONtlaO OOS 131aatlH 3 009 (113IdaVE) T T s m - OOL 31VONAI N N P Dos HOlaaltl wwfV o �oa W oos 1Ntlna8 0� 0001 Xtld,OO r ri^os oou 1NOdn0 _ •� ® 9 " a ! a I NOSa3W3 .�' G ', s 00£1 : -� � � 1NOW3ad � 0041 aatlale w^� oosl 1a,oawnH 0091 ONIAU ` O a II �e ZO C ooBL XONN N OO6L NVOOI u 14 O II N g OOOZ Ntl.NOW a°o OO IZ NO1M3N 4--1 OOZZ a3A110 O OOEZ NN3d ` lN "'"OO4Z N33nO 009Z 113SSna 009Z NVOIa3HS o OOLZ StlWOHl OOSZ NOldn �l li OO6Z 1N30NIA \)))} N I _ 000E NanaH SVM _ --�No of - \ \ OO IE S3Xa3X AGENDA SECTION: OTHER BUSINESS AGENDA ITEM# 9. STAFF REPORT NO. 57 ..;f _.f_.. ..{ CITY COUNCIL MEETING VN 4/12/2016 REPORT PREPARED BY: Elizabeth Finnegan, Civil Engineer DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director 4/5/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 4/6/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the bid tabulation and award of contract to Park Construction Co. for the 2016 Mill and Overlay project for$2,159,266.30 and authorization to the City Manager to approve contract changes under$50,000 without further Council consideration. EXECUTIVE SUMMARY: This is the second year of a six year accelerated program to mill and overlay approximately 85 miles of residential roads that have not received any major resurfacing since they were originally constructed in the 1970s. To prepare for this year's mill and overlay these roads received repairs to curbs, sidewalks, catch basins, and manholes in 2015. CenterPoint Energy will also complete installation of new gas lines and services prior to the mill and overlay project. For roads that are adequate candidates, mill and overlay is a cost effective maintenance solution that provides most of the benefits of new construction at a fraction of the cost. The surface is milled to remove the top 2"-3" of deteriorated asphalt and a new asphalt top layer is applied to improve the surface integrity of the road and eliminate patching needs. The base layer of these roads has typically been found to be in good condition. In conjunction with regular sealcoating, the life of that roadway can be extended far beyond the original intended life of 20-30 years. RECOMMENDED ACTION: By Motion: 1. Approve the bid tabulation and award of contract for the 2016 Mill and Overlay project to Park Construction Co. for $2,159,266.30. 2. Authorize the City Manager to approve contract changes under$50,000 without further City Council authorization. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT The residential roads were originally constructed between 1972 and 1977. A pavement management program began in 1980. That policy direction was set to protect the City's capital investment and maintain an acceptable roadway system. The City's ongoing preventive maintenance program is essential in delaying the costs associated with reconstruction. In 2000, the City incorporated mill and overlay maintenance into the program for roads that have deteriorated past the point where sealcoating remains effective. The franchise fee implemented in 2004 provides the funding for the City's mill and overlay program. In December 2013, an increase to the franchise fee was approved to fund the accelerated mill and overlay program. B. POLICIES(resolutions,ordinances,regulations,statutes,etcy The City has adopted a pavement management program to maintain the quality of the road and prolong the life of the capital investment(Comprehensive Plan — Road Pavement Conditions). In 2013, the City approved an accelerated program to mill and overlay the remaining 85 miles of roads that have not received any major resurfacing since they were constructed. This program also includes the repair of storm and sanitary manholes and catch basins. C. CRITICAL TIMING ISSUES: • Regular preventive maintenance techniques are effective in delaying costly street reconstruct projects. • Several streets in this year's mill and overlay are in extremely poor condition. D. FINANCIAL IMPACT: • In September 2014, residential mill and overlay was approved in the Five-Year Reconstruction Plan for the purpose of utilizing Street Reconstruction Bonds to finance the work in place of special assessments. The bonds are paid down by an increase in the Franchise Fee effective April 2014. • Asphalt pavement costs have dropped since the 2015 mill and overlay. Prices this year are similar to those seen in 2008. The lower prices are due to the drop in oil prices. • A recent history of bid prices for mill and overlay is: Year Bid Price Asphalt(tong Contractor 2008 $40.00 Hardrives 2010 $47.00 Valley Paving 2015 $52.00 Hardrives 2016 $41.00 Park Const. • Additional work may be added or subtracted from the mill and overlay contract depending on actual cost of construction. E. LEGAL CONSIDERATION: • When the amount of purchase is estimated to exceed $100,000, sealed bids shall be solicited by public notice in the manner and subject to the law governing contracts or purchases by the City of Richfield. • The advertisement for bid for the contract was published in the Richfield Sun-Current on March 10, 2016 and on the Questcdn.com website on March 10, 2016 • Bid opening was held on March 31, 2016. A copy of the bid tabulation for the contract is attached. • The City has followed the competitive bid process and should award contract to the lowest responsible bidder. • Park Construction Co. submitted the lowest responsible bid within the mill and overlay budget amounts. ALTERNATIVE RECOMMENDATION(51. • Council may chose to reject all bids and direct staff to obtain new bids; however, staff believes the the prices received are competitive. • Council may chose not to continue with the Accelerated Mill and Overlay Program as planned. However, the program is essential to maintaining and extending the usable life of the City's streets. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type D Bid Tab Cover Memo D Map of 2016 Mill&OverlayArea Cover Memo O M lD W O Ln IZT m r- mI:t mIZT O lD l0 4 00 O N lD Ol lD I� ci 00 l0 N I lD 00 r- lzl 00 m 01 I� 00 I� 00 � 00 u1 O -1 n w 00 m c-I N N N M O N N N N N M O H qj)- 411� tr� tn tn qj)- 410- N 3 C GJ a x x x x x x x 3 C GJ a x x x x x x x cu L o 'us v o L O +, CL c 4l o � U x XI Xi XI x XI Xi I o u O x x x x x x x 0 C c 02! c •3 ° Z ° d m U x x x x x x x O N V c c 0 m L 4- x x x x x x x `C 0 U m £ "5 w m 'L O Ill = N r-I L N e-I m Z M V Q m L tiCL +� CC _Lfa E U +-� C •U 076 C U t rs 00 O u n o c C U tLoa C 4- CU O C: m ai aj o Q 4J i v z £ = 3 U U a > z =2 m u o0 oc a PXW'gt OZ AeIJaAO Pue II!W\sIOafad\3uua6Wl8aJTS\bu!Jaau!5u3\sIJOM O!Ignd\SIE)\:I - 0061 L1tl030 coal 4191 OOLI 41L1 0091 4191 bZSI NOIONIW0018 OOSI 419T zc 001,[ 41b1 II �a 00£I 41EI OOZI 41ZI OOII 41II OOOI 4101 5 006 101113 z i s p C 008 OOVOIHO ¢tib Q OZL Sf18Wf1100 OOL NNtld ry ' OZ9 ONVINVO 009 0NV11?JOd CA ,Y 009 419 p i 1 OOb 414 O a bZENO1N110 A■ _ 0. 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